[00:00.000 --> 00:05.840]  The following use flash is brought to you by the Lone Star Lowdown, providing the jelly
[00:05.840 --> 00:08.360]  bulletins for the commodities market.
[00:08.360 --> 00:21.160]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.160 --> 00:27.400]  Markets for Wednesday, the 28th of September, 2016, are currently trading with gold at $1,321.50
[00:27.400 --> 00:34.680]  an ounce, silver $19.16 an ounce, Texas crude $44.67 a barrel, and Bitcoin is currently
[00:34.680 --> 00:42.720]  sitting at about $604 U.S. currency.
[00:42.720 --> 00:48.680]  Today in history, the year 1928, Sir Alexander Fleming notices bacteria killing mold growing
[00:48.680 --> 00:53.160]  in his laboratory, in essence discovering what later became known as penicillin.
[00:53.160 --> 01:02.160]  Today in history, in recent news, FBI Director James Comey, while being asked about the FBI
[01:02.160 --> 01:06.960]  warning sent to states in June, and two successful intrusions into voter registration databases
[01:06.960 --> 01:11.640]  in Illinois and Arizona, told a House committee during an FBI oversight hearing Wednesday
[01:11.640 --> 01:16.440]  today that, quote, there have been a variety of scanning activities, which is a preamble
[01:16.440 --> 01:20.920]  for potential intrusion activities, as well as some attempted intrusions at voter database
[01:20.920 --> 01:21.920]  registrations.
[01:21.920 --> 01:25.920]  Beyond those, we knew about in July and August, though he did assure that the actual voting
[01:25.920 --> 01:30.160]  systems are not connected to the Internet and are decentralized, rendering the hacking
[01:30.160 --> 01:32.920]  of any national election essentially impossible.
[01:32.920 --> 01:36.360]  He went on to say that, we are urging the states just to make sure that their deadbolts
[01:36.360 --> 01:41.200]  are thrown and their locks are on and to get the best information they can, just to make
[01:41.200 --> 01:45.480]  sure that their systems are secure, because there's no doubt that some bad hackers have
[01:45.480 --> 01:51.080]  been poking around.
[01:51.080 --> 01:54.580]  Both the Senate and the House voted Wednesday today in favor of the Justice Against Sponsors
[01:54.580 --> 01:59.660]  of Terrorism Act, or JASTA, overruling the veto the Obama administration made last week
[01:59.660 --> 02:02.920]  and the disregarding of warnings from top Pentagon officials.
[02:02.920 --> 02:08.120]  The bill allows family members of 9-11 victims to sue Saudi Arabia for backing up the attackers,
[02:08.120 --> 02:12.480]  as outlined in the recently disclosed 28 pages of the 9-11 Commission Report.
[02:12.480 --> 02:16.440]  Obama even went as far as to send a letter to the Senate leaders on Tuesday warning that
[02:16.440 --> 02:21.320]  other countries could use JASTA to justify similar immunity exceptions to target the
[02:21.320 --> 02:22.320]  U.S.
[02:22.320 --> 02:25.560]  Political advisors are concerned that Saudi Arabia could, in response to the law, pull
[02:25.560 --> 02:30.360]  billions of dollars from the U.S. economy and persuade close allies in the Gulf Cooperation
[02:30.360 --> 02:36.120]  Council to scale back counterterrorism cooperation, investment, and U.S. access to important regional
[02:36.120 --> 02:37.360]  military bases.
[02:37.360 --> 02:42.080]  Saudi Foreign Minister Adel al-Jubeir also told reporters back in June that the U.S.
[02:42.080 --> 02:44.920]  had the most to lose if JASTA was enacted.
[02:44.920 --> 02:46.920]  He launched our lowdown as print liquor for sponsors.
[02:46.920 --> 02:50.440]  To get a product or a service you'd like to advertise with us, feel free to give me a
[02:50.440 --> 02:51.440]  call at 210-363-2257.
[02:51.440 --> 02:52.440]  This is Rick Roady with your lowdown from September 28, 2016.
[02:52.440 --> 03:16.560]  That's what you want, what you want, what you're gonna do, when the service on the
[03:16.560 --> 03:34.680]  U.S. government is in effect, what you're gonna do, what you're gonna do, what you're
[03:34.680 --> 03:45.680]  gonna do, when the service on the U.S. government is in effect, what you're gonna do, what
[03:45.680 --> 03:52.680]  you're gonna do, when the service on the U.S. government is in effect, what you're gonna
[03:52.680 --> 04:03.680]  do, what you're gonna do, when the service on the U.S. government is in effect, what
[04:03.680 --> 04:26.480]  you're gonna do, what you're gonna do, when the service on the U.S. government is
[04:26.480 --> 04:32.540]  in effect, what you're gonna do, what you're gonna do, when the service on the U.S. government
[04:32.540 --> 04:33.540]  is in effect, what you're gonna do, what you're gonna do, when the service on the
[04:33.540 --> 04:40.180]  A comment or a question, give us a call, 512-646-1984.
[04:40.980 --> 04:47.620]  I'm going to start out talking about some of the content of my e-book.
[04:48.180 --> 04:56.760]  I've talked about some of the basic structures and some of the basic presuppositions
[04:56.760 --> 05:04.740]  that we have or the basic fallacies that we have about how the courts work and then some
[05:04.740 --> 05:12.700]  of the basic ideas of how to think about them, things not to do, things you should do.
[05:12.700 --> 05:18.540]  And now I'm going to, but today I'm going to talk about something a little more complex.
[05:18.540 --> 05:33.500]  But if we're to understand what is going on in court and granted most people won't get
[05:33.500 --> 05:42.340]  this sophisticated because most of you out there have an issue and once that issue is
[05:42.340 --> 05:45.900]  handled you're going to go back to your life because you've got a lot going on in your
[05:45.900 --> 05:52.780]  life and it's not all revolved around some jack-booty-dub trying to steal part of your
[05:52.780 --> 05:53.780]  life from you.
[05:53.780 --> 05:59.500]  So when you get done you go back to your life, you probably won't get, won't want to get
[05:59.500 --> 06:10.420]  quite this sophisticated, but it's a good learning for life and what I'm talking about
[06:10.420 --> 06:18.900]  is how we use language and how we understand language.
[06:18.900 --> 06:27.180]  It's important for people who have great risk in the legal system at the moment, who have
[06:27.180 --> 06:35.500]  the legal system coming at them and have to deal with these word crafting lawyers in court.
[06:35.500 --> 06:43.020]  This will give you some idea of a number of the tools and tactics that they use.
[06:43.020 --> 06:54.780]  I'm going to go through a few of these and as I do you may find that the distinctions
[06:54.780 --> 06:59.900]  that I will be making here overlap.
[06:59.900 --> 07:06.420]  That one distinction kind of blends in with another distinction and that's because human
[07:06.420 --> 07:16.780]  beings use language as one piece, we don't use it as broken up separate distinctions.
[07:16.780 --> 07:25.380]  We make these distinctions in order to be able to recognize patterns that go on in language
[07:25.380 --> 07:31.980]  that in order for us as human beings to be able to recognize those underlying patterns
[07:31.980 --> 07:40.060]  we need to give them some definitive structure and I'll go through some of these and I don't
[07:40.060 --> 07:47.580]  expect you to understand them all, I don't expect you to remember them all.
[07:47.580 --> 07:53.420]  Going through them and they'll be in the ebook and anybody who purchases an ebook needs to
[07:53.420 --> 07:59.820]  go through these and just read them, read what they are, read what a selectional restriction
[07:59.820 --> 08:07.860]  violation is, read how it's structured so that when you're listening to a lawyer up
[08:07.860 --> 08:16.440]  there trying to rake you over the coals and he uses a linguistic trick, you may not know
[08:16.440 --> 08:25.340]  precisely what it is but you recognize that he's pulling a fast one, then he can raise
[08:25.340 --> 08:30.660]  an objection and give you time to think of a way to object to it because the best thing
[08:30.660 --> 08:36.460]  we can do is keep the other lawyer from getting on a roll and we have some objections here
[08:36.460 --> 08:45.260]  that would really drive them up the wall and these I have extracted from studies of language
[08:45.260 --> 08:50.260]  mostly in neuro-linguistic programming.
[08:50.260 --> 09:01.500]  You will notice as I go through these that for the most part they're defined in neuro-linguistic
[09:01.500 --> 09:15.180]  format in that the neuro-linguistic practitioner is generally attempting to aid people in changing
[09:15.180 --> 09:18.860]  behaviors or bad habits.
[09:18.860 --> 09:30.300]  That's not how I use neuro-linguistic programming and I have these specific word patterns sorted
[09:30.300 --> 09:40.420]  out here but I haven't redefined them in the way that I actually use neuro-linguistic programming.
[09:40.420 --> 09:46.380]  As a rule I don't do therapy with neuro-linguistic programming, I know how to but I don't, well
[09:46.380 --> 09:49.820]  I don't do it directly.
[09:49.820 --> 09:58.700]  Sometimes if I get someone who's in an especially precarious place I switch into what I call
[09:58.700 --> 10:09.460]  the meta-model and the meta-model is a specific technique where you ask questions based on
[10:09.460 --> 10:18.220]  what someone has said, you take the surface structures of their language and you ask questions
[10:18.220 --> 10:23.960]  to retrieve deep structures and explain what that means.
[10:23.960 --> 10:33.860]  Life is really complex, language is complex, it takes us a lifetime to store up enough
[10:33.860 --> 10:42.700]  experience to be able to sit down with someone in a specialized capacity and have a meaningful
[10:42.700 --> 10:45.460]  conversation.
[10:45.460 --> 10:55.300]  If I'm speaking to an engineering situation I can't give the listener every possible
[10:55.300 --> 11:01.180]  detail of what I'm talking about because we'll never get anywhere, we'll spend all our time
[11:01.180 --> 11:09.300]  steeped in the details, I have to assume that I can use certain linguistic structures and
[11:09.300 --> 11:16.140]  they'll understand what I'm talking about, I'll use I was driving my car, now I don't
[11:16.140 --> 11:25.260]  have to go into all of the underlying specific details of what that means, when I use the
[11:25.260 --> 11:37.180]  term driving my car you will go inside and access a meaning for that phrase.
[11:37.180 --> 11:46.420]  Your meaning for that phrase will almost certainly be very near to my meaning, may not be exactly
[11:46.420 --> 11:55.020]  the same but it'd be very close, I hope and when we're using language, when we're using
[11:55.020 --> 12:07.860]  language specifically we have to be very careful when we use a term to access a base of knowledge
[12:07.860 --> 12:16.220]  because we tend to assume that what we're saying the other person is hearing and that
[12:16.220 --> 12:21.900]  is not always the case especially if we are not very careful in what we do.
[12:21.900 --> 12:26.780]  You may notice that when I'm talking to people sometimes they'll state a phrase and I'll
[12:26.780 --> 12:34.580]  ask them well what does that mean, if you use a phrase that sounds normal and sounds
[12:34.580 --> 12:41.260]  as it's commonly used but because of the context I'll ask them well what does that mean and
[12:41.260 --> 12:48.100]  what I'm really doing is I'm asking for deep structure, they've given me a surface structure
[12:48.100 --> 13:00.140]  and asked me to go in and retrieve a meaning for that term and when they use it I'm relatively
[13:00.140 --> 13:06.900]  sure that if I do go in and access a meaning for that term that it's not going to be the
[13:06.900 --> 13:11.700]  same meaning the other person has in their mind.
[13:11.700 --> 13:19.460]  So before I decide on the meaning of the term I want more information, they've given me
[13:19.460 --> 13:24.580]  a surface structure and all surface structures in language and this comes from transformational
[13:24.580 --> 13:26.900]  grammar.
[13:26.900 --> 13:36.340]  All surface structures have deletions or distortions in the form of deletions and nominalizations
[13:36.340 --> 13:46.380]  and expectations, I'm sorry, expected, unstated presuppositions.
[13:46.380 --> 13:53.140]  I presuppose if you know what I'm talking about so I use a term and that term elicits
[13:53.140 --> 13:56.180]  presuppositions.
[13:56.180 --> 14:03.460]  I don't tell you exactly what I'm presupposing as soon as you know what I'm presupposing,
[14:03.460 --> 14:11.300]  maybe you do and maybe you don't and I will go through these so that we can better recognize
[14:11.300 --> 14:22.380]  when someone is deliberately crafting their language so as to elicit deep structure that
[14:22.380 --> 14:29.900]  may or may not be what we expect it is and I'm going to start out with just going through
[14:29.900 --> 14:38.020]  a few of these, one of the most common of these are unspecified terms, terms that lack
[14:38.020 --> 14:41.100]  referential index.
[14:41.100 --> 14:51.700]  Human beings, we store information in our mind by reference points, we store it by internal
[14:51.700 --> 14:58.420]  context, someone walks in the room and they walk over and they set their heel on your
[14:58.420 --> 15:10.620]  big toe and grind it a little bit, well that will tend to access a certain mental context
[15:10.620 --> 15:19.580]  and within that context you have a whole set of behaviors that you can draw from and generally
[15:19.580 --> 15:28.700]  we call that anchor and in that mental drawer, that anger box, you got a set of things that
[15:28.700 --> 15:35.620]  you have learned to do in this kind of context, you have a set of understandings, you have
[15:35.620 --> 15:47.060]  a way, a specific way of analyzing and considering the actions and behavior of the other party
[15:47.060 --> 15:54.460]  with the presumption that they're also acting and reacting from an angry context, you wouldn't
[15:54.460 --> 16:06.220]  react with someone from an angry context if they're speaking to you from a conciliatory
[16:06.220 --> 16:16.860]  and a friendly context, the two don't go together, so we operate from referential index, something
[16:16.860 --> 16:26.300]  happens, we go inside and say okay, what kind of situation is this, so which mental toolbox
[16:26.300 --> 16:34.380]  do I pull out, lawyers especially will try to get you to alter your internal frame of
[16:34.380 --> 16:41.660]  reference in ways that serve their purpose and you do it primarily with any of these
[16:41.660 --> 16:52.980]  things, unspecified, most of the simple deletions, we delete from the surface structure details
[16:52.980 --> 17:00.740]  that may or may not be important, we speak in.
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[19:27.620 --> 19:35.300]  Okay, we are back, Randy Kelkin, Deborah Stevens, Rule of Law Radio and I ran right
[19:35.300 --> 19:42.100]  off the cliff there, I was too engrossed in what I was doing and I had my map up over
[19:42.100 --> 19:50.180]  my clock so I couldn't see that I was running out of time and I had a full board of callers,
[19:50.180 --> 19:57.340]  I may have to try this tomorrow night when I've got four hours and I will go through
[19:57.340 --> 20:03.660]  some of these, lack of specific reference, comparative deletions, unspecified referential
[20:03.660 --> 20:12.660]  index, unspecified verbs, nominalization, modal operators, presuppositions, selectional restriction,
[20:12.660 --> 20:19.460]  universal quantifiers, cause and effect, mind reading, complex equivalent, loss performatives
[20:19.460 --> 20:24.420]  and that's the first half of the meta model, I also have a bunch from the extended meta
[20:24.420 --> 20:31.020]  model and I will try to get to some of these tomorrow night, if anybody has a special interest
[20:31.020 --> 20:38.900]  in these I will, if they'll send me an email I'll cut out part of this ebook and send it
[20:38.900 --> 20:45.820]  to them because I would like people to look at these, the definitions that I have for
[20:45.820 --> 20:57.580]  these terms are all in, from a therapeutic context and they're mostly tools for how
[20:57.580 --> 21:06.820]  to avoid these, well there's two sides to what I want to demonstrate, that one side
[21:06.820 --> 21:13.380]  is how to catch the other lawyer using them and how to make specific challenges to interrupt
[21:13.380 --> 21:24.540]  them but on the other hand we also want to talk about how to use them artfully in order
[21:24.540 --> 21:34.460]  to create a condition I refer to as artful vagueness, artful vagueness leads to mental
[21:34.460 --> 21:41.620]  flow and I'll try to explain some of that tomorrow night but since we have so many callers
[21:41.620 --> 21:48.500]  I will go on to the callers and we'll go back to that tomorrow night, okay we're going
[21:48.500 --> 21:58.620]  to go to Ed in Pennsylvania, hello Ed, hey Randy how you doing, hello I'm doing great,
[21:58.620 --> 22:06.660]  what do you have for us today, I was listening to Eddie on one of the previous recordings
[22:06.660 --> 22:14.340]  on your website, okay I won't hold that against you, one of the callers called in talking
[22:14.340 --> 22:27.140]  about ad valorem taxes, yes, and that's what I wanted to talk about, okay Eddie's probably
[22:27.140 --> 22:37.860]  better in that regard than I am, you know he does a show Monday night, tax is not my
[22:37.860 --> 22:47.260]  area I can speak to general law but not, I couldn't speak well specifically to ad valorem,
[22:47.260 --> 22:54.740]  okay this was more around real versus private property, real estate property, okay that's
[22:54.740 --> 23:05.460]  easy enough, real property is related to the land, something that's fixed, anything you
[23:05.460 --> 23:16.380]  can pick up and move around that's private property, unless it's a mobile home, if you
[23:16.380 --> 23:26.980]  get the wheels off of it then it becomes a real property, right, for property tax, Eddie
[23:26.980 --> 23:34.700]  was saying that there's a lot of jurisdictions will classify property as real which is more
[23:34.700 --> 23:42.060]  of a commercial designation versus private and was suggesting that there's a way to
[23:42.060 --> 23:50.660]  change the designation to either unrecord the property or change the property classification
[23:50.660 --> 23:57.260]  so that you don't have to pay, here's the explanation that I've heard about it, you
[23:57.260 --> 24:09.420]  have a deed to your property and the deed is essentially a title, when you're in Pennsylvania,
[24:09.420 --> 24:20.380]  when Pennsylvania was originally given to William Penn, he was given all of Pennsylvania
[24:20.380 --> 24:27.260]  and then he broke it up and gave portions of it away and sold part of it, well when
[24:27.260 --> 24:36.420]  portions of it were sold or in all the other states where the state took state property
[24:36.420 --> 24:44.300]  and sold it to individuals, if the person didn't receive a grant of the property the
[24:44.300 --> 24:52.020]  way William Penn did, if the person purchased the property from the state, generally the
[24:52.020 --> 24:56.540]  state would give them time to pay it out because hardly any of these people had money to pay
[24:56.540 --> 25:08.340]  for it up front, so the state took a lien and they called it a title, that's what the
[25:08.340 --> 25:15.940]  title is, it's the state's lien and once it was paid off they could bring forth the
[25:15.940 --> 25:25.460]  alloidal title and get rid of that state claim against the property and it's my understanding
[25:25.460 --> 25:33.500]  that only by way of the title do they have authority to tax you.
[25:33.500 --> 25:42.020]  So we had a guy in New York, what he did is he would send a letter to the taxing entity
[25:42.020 --> 25:50.500]  and ask them or to the county and ask them if the county had a claim against his property
[25:50.500 --> 25:55.380]  and generally they didn't know what he was up to and they would see that they didn't
[25:55.380 --> 26:00.500]  have a tax lien against it or any specific registered lien against it and they'd send
[26:00.500 --> 26:04.380]  him back a letter and say no they don't, so he'd send them a letter back and request
[26:04.380 --> 26:10.100]  that it gets properly moved from the public rolls to the private rolls and once they're
[26:10.100 --> 26:14.820]  in the private rolls that takes them off the tax rolls.
[26:14.820 --> 26:22.660]  Now that's about as much as I know about it and that I can't give you statute and case
[26:22.660 --> 26:29.300]  law for, me speaking to it violates one of my rules, never make a proactive statement
[26:29.300 --> 26:39.100]  of law out of your own mouth and my problem with the people I've talked to, that's what
[26:39.100 --> 26:45.020]  they all did, they told me oh you can do this, you can do that, you can do the other and
[26:45.020 --> 26:56.300]  I said well that's really cool but how specifically under what statute code, rule and regulation.
[26:56.300 --> 27:01.860]  When I asked for that then they started doing song and dance and salsa down your pants but
[27:01.860 --> 27:07.660]  I've never got that, I've never got that code and Eddie has studied that area of law much
[27:07.660 --> 27:14.540]  more than I have so he would be a more authoritative voice.
[27:14.540 --> 27:21.420]  I was hoping to get some of the legal rulings from you on this call but apparently you're
[27:21.420 --> 27:23.060]  not prepared for that.
[27:23.060 --> 27:35.260]  Nah, just a chump in this area, your mother in law probably knows more than I do, no this
[27:35.260 --> 27:42.620]  is not my area and I try not to speak to what I don't know about, there's a lot of guys
[27:42.620 --> 27:50.940]  that do that and sometimes I do that without realizing I do it but I try to avoid it.
[27:50.940 --> 27:59.620]  Okay so basically I looked at three approaches and one of them was called the alloidal title
[27:59.620 --> 28:08.460]  which you just mentioned and is the person in New York that did that, do you have...
[28:08.460 --> 28:19.540]  Well you see it's like this, the last I heard he pulled a weapon on a U.S. Marshal so he
[28:19.540 --> 28:32.660]  is at the moment unrelatedly indisposed, he was an old Vietnam combat vet and like a lot
[28:32.660 --> 28:42.580]  of us we come back with a screw or two loose, he expressed his frustrations a little more
[28:42.580 --> 28:48.300]  carelessly than I do so the last I heard he was in federal prison.
[28:48.300 --> 28:58.860]  It may be out by now but he's kind of dropped off the radar and he's probably the best source
[28:58.860 --> 29:06.940]  for that and he's helping someone with a criminal issue in South Texas, Pat and Pat and his
[29:06.940 --> 29:13.460]  wife have done an extensive study of the alloidal title issue so you might get Eddie to refer
[29:13.460 --> 29:25.260]  you to Pat, just send Eddie an email, eddie at ruleoflawradio.com and tell him what your
[29:25.260 --> 29:33.260]  issue is and tell him you talked to me and I mentioned Pat, that Pat and Metta have studied
[29:33.260 --> 29:39.780]  this issue and see if you forward your email to Pat.
[29:39.780 --> 29:47.740]  Okay great, okay we are about to do the break, this is Randy Kelton, Deborah Stevens at Rule
[29:47.740 --> 29:55.340]  of Law Radio, I call in number 512-646-1984, give us a call, we'll have the phone lines
[29:55.340 --> 29:58.460]  open all night, we'll be right back.
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[33:06.220 --> 33:35.780]  Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio and we're going to Jeff
[33:35.780 --> 33:36.780]  in Mississippi.
[33:36.780 --> 33:38.900]  Hello, Mr. Jeff.
[33:38.900 --> 33:41.740]  Hi, Randy.
[33:41.740 --> 33:43.780]  What do you have for us today?
[33:43.780 --> 33:47.740]  Well, I'm going to trial on one of my cases.
[33:47.740 --> 33:49.700]  Oh, good.
[33:49.700 --> 33:50.700]  Which one?
[33:50.700 --> 33:51.700]  Okay.
[33:51.700 --> 33:58.940]  It is my Title 42, 1983 case.
[33:58.940 --> 34:06.220]  When I attempted to go to truck driving school at my local college, they threw me out of
[34:06.220 --> 34:10.260]  school or they denied me admission without a hearing.
[34:10.260 --> 34:17.780]  So I brought suit against them and we have gone back and forth for the last 11 months
[34:17.780 --> 34:26.020]  throwing motions and responses and answers and I finally got a schedule in the mail saying
[34:26.020 --> 34:30.500]  that the trial was set for December 12th.
[34:30.500 --> 34:32.820]  Have you finished discovery?
[34:32.820 --> 34:33.820]  Yes.
[34:33.820 --> 34:35.820]  Oh, okay.
[34:35.820 --> 34:43.540]  Yeah, there was only about five documents that I was really concerned with but I had
[34:43.540 --> 34:50.540]  spoken to Eddie and he wanted me to put in a request for production of documents for
[34:50.540 --> 34:57.060]  all the emails sent back and forth to the other people and they did not send me those.
[34:57.060 --> 35:05.380]  They claimed that they didn't have them or that they didn't exist.
[35:05.380 --> 35:08.420]  That now, that should definitely bring that.
[35:08.420 --> 35:18.620]  Have you filed a motion to compel this discovery with the court?
[35:18.620 --> 35:28.220]  Yeah, ask the court to compel them to produce, either produce their email or produce evidence
[35:28.220 --> 35:36.780]  that indicates that their computers, unlike everybody else's computers, somehow deletes
[35:36.780 --> 35:37.780]  their emails.
[35:37.780 --> 35:42.140]  Oh, okay, because they just claimed that they didn't have any.
[35:42.140 --> 35:55.260]  You should ask for sanctions and do discovery from the geek section of the university because
[35:55.260 --> 36:03.900]  I guarantee you that the data processing people, they are not dumping emails.
[36:03.900 --> 36:07.980]  Okay, say that one more time.
[36:07.980 --> 36:19.180]  You need to do some discovery from the entity for its data, from its data processing people
[36:19.180 --> 36:25.780]  to find out how they process emails and under what conditions do they delete emails and
[36:25.780 --> 36:28.380]  when do they delete emails?
[36:28.380 --> 36:35.260]  Now I'm within the 90-day window where discovery is stopped or that's what it claims, that's
[36:35.260 --> 36:37.700]  what the schedule claims.
[36:37.700 --> 36:41.020]  So could I have missed all that?
[36:41.020 --> 36:47.900]  Well possibly, but you can certainly raise these issues with the court because this is
[36:47.900 --> 36:54.660]  a portion of, how long ago did they claim that these emails didn't exist?
[36:54.660 --> 36:58.100]  Oh, I would say about five months ago.
[36:58.100 --> 37:09.780]  Yeah, that's pretty far back, you need to find a way to get them to give an indication
[37:09.780 --> 37:14.380]  that they have your emails.
[37:14.380 --> 37:21.820]  If they don't keep any emails, you can claim anything is in the email you want to.
[37:21.820 --> 37:22.820]  All right.
[37:22.820 --> 37:29.220]  And then the only way they can prove otherwise, you can produce your emails.
[37:29.220 --> 37:35.940]  So, hey, you're trying to find emails between parties.
[37:35.940 --> 37:42.780]  Well, themselves and they're just claiming that we never sent emails back and forth to
[37:42.780 --> 37:43.780]  ourselves.
[37:43.780 --> 37:48.300]  Okay, that you cannot, there's not much you can do about that.
[37:48.300 --> 37:50.300]  Okay, and that's fine.
[37:50.300 --> 37:57.980]  Okay, unless you could get into their systems and even if you did, you probably wouldn't
[37:57.980 --> 38:02.100]  find anything of any probative value.
[38:02.100 --> 38:10.740]  Okay, next question is, I sued two people, there was a big dean and a little dean, you
[38:10.740 --> 38:13.540]  know, the dean and the assistant dean.
[38:13.540 --> 38:17.460]  The big dean has disappeared.
[38:17.460 --> 38:21.540]  He's moved off and he's now the dean of another college.
[38:21.540 --> 38:28.140]  I did not know that, but the attorney who I'm going up against replied and said that
[38:28.140 --> 38:32.340]  the, well, I've got it right here.
[38:32.340 --> 38:39.380]  This is a notice of appearance, I, David Coran, am admitted to practice in court hereby enter
[38:39.380 --> 38:44.940]  my appearance as counsel for Dr. Lee Crebel, that's the little dean, in both his individual
[38:44.940 --> 38:48.940]  and official capacities at the University of Arkansas, Fort Smith, I also appear as
[38:48.940 --> 38:55.040]  counsel for Dr. Ray Wallace in his official capacity, although Dr. Wallace is no longer
[38:55.040 --> 39:00.380]  employed by the University of Arkansas and plaintiff does not seek injunctive relief
[39:00.380 --> 39:11.180]  from him or the current provost and Dr. Ray Wallace has not been served and I am not appearing
[39:11.180 --> 39:16.220]  on behalf of Dr. Wallace in his individual capacity.
[39:16.220 --> 39:22.980]  So I'm going to court and I'm missing a defendant, I'm going to go to trial, is that going to
[39:22.980 --> 39:23.980]  hurt me?
[39:23.980 --> 39:24.980]  It seems like...
[39:24.980 --> 39:33.420]  He made the statement that you weren't suing this individual in his personal capacity,
[39:33.420 --> 39:34.420]  is that correct?
[39:34.420 --> 39:48.860]  No, that I'm not suing him, plaintiff does not seek injunctive relief, is that what you
[39:48.860 --> 39:49.860]  meant?
[39:49.860 --> 39:50.860]  No.
[39:50.860 --> 39:55.260]  Did you seek damages from this individual?
[39:55.260 --> 40:00.180]  Yes, and injunctive relief to allow me back into the college.
[40:00.180 --> 40:07.380]  Okay, you sought injunctive relief, he wouldn't be necessary for that, especially if he's
[40:07.380 --> 40:12.100]  not with the college anymore, did you seek damages from him?
[40:12.100 --> 40:19.780]  No, I sought damages from defendants, plural, from just the whole deal.
[40:19.780 --> 40:23.860]  Okay, then no, he's not a relevant party then.
[40:23.860 --> 40:24.860]  Okay.
[40:24.860 --> 40:30.820]  Yeah, I wouldn't raise that issue if he's not with the college anymore, and you sought
[40:30.820 --> 40:41.140]  damages not specifically from him, then whoever got the money pays, so we'll make a difference.
[40:41.140 --> 40:46.660]  Okay, so I still sought money from the college and from the little dean.
[40:46.660 --> 40:57.300]  Yeah, but did you request damages from the college specifically and from the little dean
[40:57.300 --> 40:58.300]  specifically?
[40:58.300 --> 40:59.300]  No.
[40:59.300 --> 41:07.900]  Okay, then you sought damages generally, that will be if you sought it from the college,
[41:07.900 --> 41:10.140]  the individuals won't matter.
[41:10.140 --> 41:12.460]  Oh, okay.
[41:12.460 --> 41:17.140]  Not an issue I would press because it will be an irrelevant issue.
[41:17.140 --> 41:24.060]  Okay, and if they try to bring it up as a defense tactic, I need to claim irrelevance?
[41:24.060 --> 41:36.700]  Well, you can, yes, you can claim what Big Dean did, whether he did it or not, and the
[41:36.700 --> 41:41.180]  only way they can rebut it is with Big Dean.
[41:41.180 --> 41:46.540]  But otherwise, Big Dean would not be relevant to the issue, and it's almost certain they're
[41:46.540 --> 41:51.220]  not going to bring him up because they don't want to drag him back into this lawsuit.
[41:51.220 --> 41:56.620]  Okay, so just let that go.
[41:56.620 --> 42:03.860]  Okay, and my last question is one of their biggest defenses, in fact, their biggest defenses
[42:03.860 --> 42:10.020]  is you cannot sue the university because it is not a person, it is not amenable to suit
[42:10.020 --> 42:11.300]  under 1983.
[42:11.300 --> 42:16.300]  It's been argued and argued and argued, and I keep arguing Monell versus Department of
[42:16.300 --> 42:17.780]  Social Services.
[42:17.780 --> 42:26.820]  Today, I found Wood versus Strickland, and it sets out a much more defined reason that
[42:26.820 --> 42:32.540]  I can sue a college or officials of a college under 1983.
[42:32.540 --> 42:36.020]  It just comes right out and blatantly says you can do that.
[42:36.020 --> 42:41.460]  So during, now I haven't raised Wood versus Strickland, but when I walk into trial, can
[42:41.460 --> 42:46.660]  I argue Wood versus Strickland, or will they say, oh, you didn't argue that before, so
[42:46.660 --> 42:48.100]  we're going to put you down?
[42:48.100 --> 42:49.100]  This is trial.
[42:49.100 --> 42:51.060]  This is where you argue everything.
[42:51.060 --> 42:58.860]  You let them bring their argument saying that they can't be sued.
[42:58.860 --> 43:05.380]  Let them lay their cards on the table and use this to rebut their argument with.
[43:05.380 --> 43:06.380]  Okay.
[43:06.380 --> 43:07.860]  I got it.
[43:07.860 --> 43:10.700]  Don't give fair warning if you can avoid it.
[43:10.700 --> 43:19.500]  You have to give prior warning, you're generally required to give notice in a civil trial of
[43:19.500 --> 43:21.700]  all the case law you're going to bring.
[43:21.700 --> 43:28.460]  But if you have case law that is generally in your favor, and they raise an issue that
[43:28.460 --> 43:33.540]  this case law goes specifically to, then you can say, oh, well, I have this other case
[43:33.540 --> 43:37.420]  over here, you can bring it up and spring them on them.
[43:37.420 --> 43:40.940]  Let them complain about it if they want to.
[43:40.940 --> 43:41.940]  Good.
[43:41.940 --> 43:48.540]  But if you already give them case law, you don't have to give them every possible case
[43:48.540 --> 43:51.460]  that you might possibly come across.
[43:51.460 --> 43:59.420]  Hang on, about to go to break, Randy Kelton, Denver Stevens, and we will be right back.
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[45:01.380 --> 45:04.540]  Are you the plaintiff or defendant in a lawsuit?
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[46:09.580 --> 46:26.580]  Thank you.
[46:26.580 --> 46:46.380]  Okay, we are back, we're at the Count and Deborah Stevens at Rule of Law Radio, and
[46:46.380 --> 46:48.620]  we're talking to Jeff in Mississippi.
[46:48.620 --> 46:52.580]  Jeff, did we get all your questions answered?
[46:52.580 --> 46:59.100]  No, I've got two kind of free-form questions, which is kind of neat, because I'm finally
[46:59.100 --> 47:02.220]  getting to a spot where I can relax.
[47:02.220 --> 47:09.300]  Back when I made my complaint, the college had denied me admission twice, and I've talked
[47:09.300 --> 47:15.460]  to a few people, and when I asked for monetary damages, I got kind of excited, and I asked
[47:15.460 --> 47:17.860]  for a million dollars.
[47:17.860 --> 47:22.940]  Looking back on that, I think I might have jumped the gun a little too much.
[47:22.940 --> 47:26.780]  What bad things could happen to me for asking for a million dollars?
[47:26.780 --> 47:30.860]  Do you think the judge could start yelling at me and throw the case out, or?
[47:30.860 --> 47:36.060]  No, no, no, no, can't do anything like that.
[47:36.060 --> 47:41.860]  If you have a jury, the jury is going to want you to justify that million dollars.
[47:41.860 --> 47:43.500]  Okay.
[47:43.500 --> 47:46.020]  And here's the deal.
[47:46.020 --> 47:49.940]  You come into court, you got a big number.
[47:49.940 --> 47:55.420]  The other side's going to huff and puff and jump up and down and rail in righteous indignation
[47:55.420 --> 48:03.420]  about the number, but at the end of the day, there's only one number they're going to remember,
[48:03.420 --> 48:08.620]  and that's the one you walked in the door with.
[48:08.620 --> 48:16.500]  But no, you can't be sanctioned, or the judge can't do anything for what you believe your
[48:16.500 --> 48:19.340]  civil rights to be worth.
[48:19.340 --> 48:29.020]  Can I make a comment that I would be willing to listen to what the jury has to say, and
[48:29.020 --> 48:31.340]  I just pick the high side?
[48:31.340 --> 48:32.340]  Yes.
[48:32.340 --> 48:33.340]  Okay.
[48:33.340 --> 48:41.620]  Yeah, that, you know, this, your rights are very important to you, and you feel like your
[48:41.620 --> 48:49.620]  rights have been denied, and the damages need to be enough.
[48:49.620 --> 48:56.020]  This has really nothing directly to do with how much they harmed you.
[48:56.020 --> 48:59.860]  This is a suit for the good of society as a whole.
[48:59.860 --> 49:09.340]  It needs to be punitive to prevent not just this institution, but other institutions from
[49:09.340 --> 49:11.020]  doing the same thing.
[49:11.020 --> 49:21.620]  The whole point of law is not to punish, but to prevent, to act as a deterrence.
[49:21.620 --> 49:25.420]  So a million dollars would be a reasonable deterrence.
[49:25.420 --> 49:31.140]  Yeah, he had to make an argument, didn't even have to be a good one.
[49:31.140 --> 49:32.140]  Okay.
[49:32.140 --> 49:35.260]  Yeah, I don't want the jury to get mad and throw me out of there, too, and think I'm
[49:35.260 --> 49:36.260]  ridiculous.
[49:36.260 --> 49:41.940]  No, all you have to do is give them a reason why you would pull that number.
[49:41.940 --> 49:42.940]  Got it.
[49:42.940 --> 49:43.940]  Okay.
[49:43.940 --> 49:50.700]  And my last question is, since I'm a pro se, and if you read my paperwork, you can tell
[49:50.700 --> 49:53.260]  that I'm still a beginner.
[49:53.260 --> 49:57.060]  So it's pretty obvious to the judge that I'm a beginner.
[49:57.060 --> 49:59.620]  Why are they allowing me to go to court?
[49:59.620 --> 50:04.660]  Why isn't the judge already dismissing my case or somehow beating me up in a parking
[50:04.660 --> 50:07.900]  lot and just throwing me out of a moving car?
[50:07.900 --> 50:18.820]  Well it may well be that you have presented a viable case.
[50:18.820 --> 50:25.100]  Is there a chance that it could be some other angle, you know, to get me in there and drop
[50:25.100 --> 50:26.980]  me down an elevator shaft or something?
[50:26.980 --> 50:27.980]  No, no, no, no, no.
[50:27.980 --> 50:35.900]  They have to be careful with litigants and the courts, this is a federal court.
[50:35.900 --> 50:42.060]  The federal courts are required to treat pro se's with deference.
[50:42.060 --> 50:43.060]  Okay.
[50:43.060 --> 50:47.020]  The clerk has to help you out.
[50:47.020 --> 50:48.020]  It's in the code.
[50:48.020 --> 50:49.020]  Okay.
[50:49.020 --> 50:55.180]  But generally, if you haven't made a claim for which recovery could be had, they'd have
[50:55.180 --> 50:57.740]  thrown you out already.
[50:57.740 --> 50:59.460]  So this is good.
[50:59.460 --> 51:04.620]  So at least it means you've made, you've stated a claim.
[51:04.620 --> 51:05.620]  Okay.
[51:05.620 --> 51:12.140]  And now your job is to get the facts and the law on the record.
[51:12.140 --> 51:15.380]  It's a chance they'll ruin your favor, you never know.
[51:15.380 --> 51:20.060]  Okay, does this mean that the opposing attorney might be getting nervous?
[51:20.060 --> 51:29.260]  Well, you didn't get thrown out before you got to court, 99% of us get tossed.
[51:29.260 --> 51:30.380]  Yeah.
[51:30.380 --> 51:34.900]  I always get thrown out.
[51:34.900 --> 51:36.900]  So that's why I can't believe it.
[51:36.900 --> 51:42.460]  So that means you may have done well, you've had a lot of practice, you're not just a novice
[51:42.460 --> 51:44.460]  at this point.
[51:44.460 --> 51:56.300]  And your documentation is professional and respectful.
[51:56.300 --> 52:04.140]  If not as artful as seasoned counsel, I don't think the judge cares about that.
[52:04.140 --> 52:07.620]  Someone sent me a document the other day, a statement of facts.
[52:07.620 --> 52:09.700]  There was not a fact in it.
[52:09.700 --> 52:12.860]  It was full of a lot of patriot mythology.
[52:12.860 --> 52:21.500]  I read the first page completely and had absolutely no idea what he was talking about.
[52:21.500 --> 52:30.580]  Part of the reason I went back to the ebook, to the section on this misuse of language
[52:30.580 --> 52:37.860]  because these languages was so horribly abused by this guy.
[52:37.860 --> 52:42.940]  No human being could read this and make sense of it.
[52:42.940 --> 52:47.580]  Judges have to go through it, the judge has to read this whole thing.
[52:47.580 --> 52:51.140]  I got through one page and I was getting a headache.
[52:51.140 --> 52:57.300]  And then you force the judge to read three or four or anything, had eight pages of this
[52:57.300 --> 52:58.300]  trash.
[52:58.300 --> 53:00.460]  He's really going to be annoyed.
[53:00.460 --> 53:06.940]  And then he gets a pro se in there that actually gives him well structured documents.
[53:06.940 --> 53:13.060]  So he may be glad that he's got a pro se that kind of knows what he's doing.
[53:13.060 --> 53:16.060]  I'm getting excited.
[53:16.060 --> 53:17.060]  Good.
[53:17.060 --> 53:23.620]  Expected to rule against you, but he's not apparently not stopping you from getting the
[53:23.620 --> 53:26.300]  facts and the law on the record.
[53:26.300 --> 53:27.300]  Okay.
[53:27.300 --> 53:29.780]  And that's what matters.
[53:29.780 --> 53:33.780]  And he may be doing that because he doesn't want to rule in favor of the pro se.
[53:33.780 --> 53:37.140]  He wants the code of appeals to do it.
[53:37.140 --> 53:38.140]  Aha.
[53:38.140 --> 53:44.820]  I don't understand, but I'll go along with it.
[53:44.820 --> 53:45.820]  It's politics.
[53:45.820 --> 53:46.820]  It's all politics.
[53:46.820 --> 53:47.820]  Okay.
[53:47.820 --> 53:52.340]  You don't want to, he's got plausible deniabilities.
[53:52.340 --> 53:54.420]  I ruled against him.
[53:54.420 --> 53:57.140]  I'm still one of your buddies.
[53:57.140 --> 54:01.060]  I can't be responsible for what the code of appeals does.
[54:01.060 --> 54:02.060]  Aha.
[54:02.060 --> 54:03.060]  Okay.
[54:03.060 --> 54:04.060]  Good luck.
[54:04.060 --> 54:05.060]  Let us know how this goes.
[54:05.060 --> 54:06.060]  Okay.
[54:06.060 --> 54:07.060]  I'll give you a call soon.
[54:07.060 --> 54:08.060]  Okay.
[54:08.060 --> 54:09.060]  Thank you, Jeff.
[54:09.060 --> 54:10.060]  Okay.
[54:10.060 --> 54:11.060]  Now we are going to Jody in Texas.
[54:11.060 --> 54:12.060]  Hello, Jody.
[54:12.060 --> 54:13.060]  Hey, Mr. Kelton.
[54:13.060 --> 54:14.060]  Good evening.
[54:14.060 --> 54:25.060]  I've got just a couple of quick questions for you here.
[54:25.060 --> 54:32.060]  First of all, I put in a counterclaim on a case that I'm involved in, a little corruption.
[54:32.060 --> 54:36.060]  I'm sure that's unheard of in anywhere else but here.
[54:36.060 --> 54:39.260]  Corruption in our courts?
[54:39.260 --> 54:40.260]  That is scandalous.
[54:40.260 --> 54:41.260]  I know it.
[54:41.260 --> 54:45.460]  These guys are supposed to be superheroes and they're super something.
[54:45.460 --> 54:49.780]  Anyway, I've got this about two months, it's been over two months now, I put that counterclaim
[54:49.780 --> 54:50.780]  in.
[54:50.780 --> 54:51.780]  Of course, they didn't answer the counterclaim.
[54:51.780 --> 54:52.780]  Hold on.
[54:52.780 --> 54:54.580]  What is the nature of the case?
[54:54.580 --> 54:58.620]  Oh, it was a traffic violation.
[54:58.620 --> 55:04.340]  The local sheriff's department was attempting to enforce federal traffic laws.
[55:04.340 --> 55:05.340]  Okay.
[55:05.340 --> 55:06.340]  My suggestion to you.
[55:06.340 --> 55:07.340]  I put the counterclaim in and it was on a speeding ticket.
[55:07.340 --> 55:08.340]  Okay, hold on, hold on.
[55:08.340 --> 55:09.340]  I put the counterclaim in and of course, they didn't last enforce the amendment warrant,
[55:09.340 --> 55:10.340]  they had no right to stop me.
[55:10.340 --> 55:11.340]  Hold on, hold on, hold on.
[55:11.340 --> 55:12.340]  For 60 days, they never answered it.
[55:12.340 --> 55:13.340]  Actually, I went back to court and did my first hearing and they didn't even read, of
[55:13.340 --> 55:14.340]  course, they didn't open a file to where we were there.
[55:14.340 --> 55:15.340]  While I was reading it, I studied for the rest of the year.
[55:15.340 --> 55:32.300]  I was now in the plaintiff and he allowed it miraculously and so he set a case reset,
[55:32.300 --> 55:43.220]  put a case reset form in, he signed as the adjudicator and also the public attorney signed
[55:43.220 --> 55:44.220]  as a defendant.
[55:44.220 --> 55:49.420]  Well, right there, isn't that a procedural violation or the adjudicator is also a defendant
[55:49.420 --> 55:53.060]  and I covered everybody in the county, every agent of the corporate courts in Polk County.
[55:53.060 --> 55:56.820]  So, he's right there signing as an adjudicator and he's a defendant and a witness all in
[55:56.820 --> 55:57.820]  the same procedure.
[55:57.820 --> 56:00.820]  Is that a violation right there?
[56:00.820 --> 56:01.820]  No.
[56:01.820 --> 56:02.820]  Here's the deal.
[56:02.820 --> 56:03.820]  Okay.
[56:03.820 --> 56:11.060]  You cannot file a counterclaim in a criminal case, period.
[56:11.060 --> 56:14.820]  And then went down today to, I turned in to district court yesterday, went down there
[56:14.820 --> 56:24.180]  today and got a third party witness to turn in the Title 42 to the county clerk, I'm not
[56:24.180 --> 56:25.180]  supposed to do it.
[56:25.180 --> 56:26.180]  They wouldn't accept it.
[56:26.180 --> 56:27.180]  Wait a minute.
[56:27.180 --> 56:28.180]  Is my mic working?
[56:28.180 --> 56:29.180]  Oh, go ahead.
[56:29.180 --> 56:30.180]  I hear you.
[56:30.180 --> 56:31.180]  Yeah.
[56:31.180 --> 56:43.380]  You cannot file a counterclaim in a criminal action, the court will simply ignore it.
[56:43.380 --> 56:45.380]  It means nothing.
[56:45.380 --> 56:50.460]  Oh, he reset the case for civil trial, for civil case.
[56:50.460 --> 56:51.460]  Okay.
[56:51.460 --> 56:55.060]  They will toss the whole thing.
[56:55.060 --> 57:01.860]  You have no standing to file a counterclaim in a criminal case.
[57:01.860 --> 57:06.980]  He's treating your case like a separate filing.
[57:06.980 --> 57:15.420]  If you have a claim against them, you have to file a civil action.
[57:15.420 --> 57:16.420]  This is Texas.
[57:16.420 --> 57:19.420]  That's what my Title 42 is for.
[57:19.420 --> 57:20.420]  Okay.
[57:20.420 --> 57:26.460]  And Title 42, you can do a similar suit in the state.
[57:26.460 --> 57:29.620]  You can sue them directly in the state.
[57:29.620 --> 57:39.140]  It doesn't have to be a Title 42 in the Fed, but there are steps you have to take.
[57:39.140 --> 57:47.460]  You cannot sue a political entity, a governmental entity in the state of Texas without first
[57:47.460 --> 57:54.020]  sending them notice and opportunity in the form of a tort letter and give them 60 days
[57:54.020 --> 57:56.100]  to respond to the tort letter.
[57:56.100 --> 57:57.100]  Correct.
[57:57.100 --> 58:03.420]  Then you have to do that before you have standing to sue, and then when you sue, it's a separate
[58:03.420 --> 58:05.420]  action from the criminal.
[58:05.420 --> 58:06.420]  Correct.
[58:06.420 --> 58:07.420]  Yes, that's the exact format.
[58:07.420 --> 58:08.420]  I didn't say that.
[58:08.420 --> 58:09.420]  You got it.
[58:09.420 --> 58:10.420]  I already did that.
[58:10.420 --> 58:11.420]  Okay.
[58:11.420 --> 58:14.180]  I didn't get that part from the beginning.
[58:14.180 --> 58:18.860]  You told me that you filed a counterclaim in the criminal case.
[58:18.860 --> 58:19.860]  Okay.
[58:19.860 --> 58:24.860]  You can't file a counterclaim in the criminal case.
[58:24.860 --> 58:27.060]  You have to file a separate action.
[58:27.060 --> 58:31.300]  If this is a traffic case... I just didn't make it clear.
[58:31.300 --> 58:36.620]  Now that I've already given them my intent to sue, that was a month ago, or a few weeks,
[58:36.620 --> 58:41.460]  I think it was a month ago, and then I turned in my Title 42 to the federal court yesterday.
[58:41.460 --> 58:42.460]  Okay.
[58:42.460 --> 58:44.420]  Then that, they wouldn't accept it.
[58:44.420 --> 58:50.380]  The federal court took it, and then the local county clerk refused to accept it.
[58:50.380 --> 58:55.780]  The Bible remains the most popular book in the world, yet countless readers are frustrated
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[59:23.660 --> 59:28.380]  into the riches of the Word beyond which you've ever experienced before.
[59:28.380 --> 59:33.540]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.540 --> 59:43.980]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102,
[59:43.980 --> 59:48.060]  or by ordering online at freestudybible.com.
[59:48.060 --> 59:49.060]  That's freestudybible.com.
[59:49.060 --> 01:00:00.940]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.940 --> 01:00:06.060]  Following these flashes brought to you by the Low Star Lowdown, providing the jelly
[01:00:06.060 --> 01:00:13.700]  bulletins for the commodities market, Today in History, News Updates, and the inside scoop
[01:00:13.700 --> 01:00:21.340]  into the tides of the alternative.
[01:00:21.340 --> 01:00:27.640]  Markets for Wednesday, the 28th of September, 2016, are currently trading with gold at $1,321.50
[01:00:27.640 --> 01:00:34.940]  an ounce, silver $19.16 an ounce, Texas crude $44.67 a barrel, and Bitcoin is currently
[01:00:34.940 --> 01:00:43.020]  sitting at about $604 U.S. currency.
[01:00:43.020 --> 01:00:48.940]  Today in History, the year 1928, Sir Alexander Fleming notices bacteria killing mold growing
[01:00:48.940 --> 01:00:53.460]  in his laboratory, in essence discovering what later became known as penicillin.
[01:00:53.460 --> 01:01:02.380]  Today in History, in recent news, FBI Director James Comey, while being asked about the FBI
[01:01:02.380 --> 01:01:07.220]  warning sent to states in June, and two successful intrusions into voter registration databases
[01:01:07.220 --> 01:01:11.900]  in Illinois and Arizona, told a House committee during an FBI oversight hearing Wednesday
[01:01:11.900 --> 01:01:16.580]  today that, quote, there have been a variety of scanning activities, which is a preamble
[01:01:16.580 --> 01:01:21.180]  for potential intrusion activities, as well as some attempted intrusions at voter database
[01:01:21.180 --> 01:01:22.180]  registrations.
[01:01:22.180 --> 01:01:25.420]  This is beyond those we knew about in July and August, though he did assure that the
[01:01:25.420 --> 01:01:29.780]  actual voting systems are not connected to the Internet and are decentralized, rendering
[01:01:29.780 --> 01:01:32.540]  the hacking of any national election essentially impossible.
[01:01:32.540 --> 01:01:36.580]  He went on to say that, we are urging the states just to make sure that their dead volts
[01:01:36.580 --> 01:01:41.420]  are thrown and their locks are on and to get the best information they can just to make
[01:01:41.420 --> 01:01:45.700]  sure that their systems are secure, because there's no doubt that some bad hackers have
[01:01:45.700 --> 01:01:51.300]  been poking around.
[01:01:51.300 --> 01:01:54.780]  Both the Senate and the House voted Wednesday today in favor of the Justice Against Sponsors
[01:01:54.780 --> 01:01:59.860]  of Terrorism Act, or JASTA, overruling the veto the Obama administration made last week
[01:01:59.860 --> 01:02:03.140]  and the disregarding of warnings from top Pentagon officials.
[01:02:03.140 --> 01:02:08.340]  The bill allows family members of 9-11 victims to sue Saudi Arabia for backing up the attackers,
[01:02:08.340 --> 01:02:12.700]  as outlined in the recently disclosed 28 pages of the 9-11 Commission Report.
[01:02:12.700 --> 01:02:16.660]  Obama even went as far as to send a letter to the Senate leaders on Tuesday warning that
[01:02:16.660 --> 01:02:21.540]  other countries could use JASTA to justify similar immunity exceptions to target the
[01:02:21.540 --> 01:02:22.540]  U.S.
[01:02:22.540 --> 01:02:25.780]  Political advisors are concerned that Saudi Arabia could, in response to the law, pull
[01:02:25.780 --> 01:02:30.580]  billions of dollars from the U.S. economy and persuade close allies in the Gulf Cooperation
[01:02:30.580 --> 01:02:36.340]  Council to scale back counter-terrorism cooperation, investment, and U.S. access to important regional
[01:02:36.340 --> 01:02:37.580]  military bases.
[01:02:37.580 --> 01:02:42.420]  Saudi Foreign Minister Adil al-Jubeir also told reporters back in June that the U.S.
[01:02:42.420 --> 01:02:45.140]  had the most to lose if JASTA was enacted.
[01:02:45.140 --> 01:02:48.900]  The Loser Lowdown is currently looking for sponsors, so if a product or a service JASTA
[01:02:48.900 --> 01:02:54.900]  advertised with us, feel free to give me a call at 210-363-2257.
[01:02:54.900 --> 01:03:20.380]  This is Rick Rodeo with your Lowdown for September 28, 2016.
[01:03:20.380 --> 01:03:25.540]  We are back, Randy Kelton, Debra Stevens, Root of Love Radio, and we're talking to Jody
[01:03:25.540 --> 01:03:26.540]  in Texas.
[01:03:26.540 --> 01:03:27.540]  Okay, Jody, in your...
[01:03:27.540 --> 01:03:28.540]  Here's my question.
[01:03:28.540 --> 01:03:29.540]  I've already filed...
[01:03:29.540 --> 01:03:34.540]  I mean, I've already given my intent to sue.
[01:03:34.540 --> 01:03:35.540]  I filed...
[01:03:35.540 --> 01:03:36.540]  That was about a month ago.
[01:03:36.540 --> 01:03:42.700]  I turned in my Title 42 to the Federal Court yesterday.
[01:03:42.700 --> 01:03:48.380]  Today I went to get a third party to turn it in to file it with the county clerk, and
[01:03:48.380 --> 01:03:49.380]  they refused it.
[01:03:49.380 --> 01:03:53.620]  Of course.
[01:03:53.620 --> 01:03:55.500]  They don't have any jurisdiction over that.
[01:03:55.500 --> 01:03:57.060]  Can I get a federal marshal to deliver?
[01:03:57.060 --> 01:04:00.420]  How do I serve them and give them to file this on the record?
[01:04:00.420 --> 01:04:01.420]  You don't.
[01:04:01.420 --> 01:04:02.420]  Oh, okay.
[01:04:02.420 --> 01:04:04.980]  Why would you do that?
[01:04:04.980 --> 01:04:08.060]  They don't have any jurisdiction over your federal suit.
[01:04:08.060 --> 01:04:13.940]  If I was the clerk, I wouldn't touch that suit with a 10-foot pole, because I'd be
[01:04:13.940 --> 01:04:19.260]  afraid that federal judge would come down here and stomp all over me.
[01:04:19.260 --> 01:04:20.340]  This is...
[01:04:20.340 --> 01:04:23.380]  They are a defendant.
[01:04:23.380 --> 01:04:27.500]  You don't file that in the county court.
[01:04:27.500 --> 01:04:30.260]  She was right in not touching it.
[01:04:30.260 --> 01:04:31.260]  Question.
[01:04:31.260 --> 01:04:32.260]  Oh, okay.
[01:04:32.260 --> 01:04:33.260]  I just...
[01:04:33.260 --> 01:04:36.860]  I had been instructed that that was the case.
[01:04:36.860 --> 01:04:37.860]  Anyway, that was my question.
[01:04:37.860 --> 01:04:42.260]  Who instructed you that such was the case?
[01:04:42.260 --> 01:04:43.260]  Okay.
[01:04:43.260 --> 01:04:44.260]  All right.
[01:04:44.260 --> 01:04:45.260]  Thank you, sir.
[01:04:45.260 --> 01:04:46.260]  Okay.
[01:04:46.260 --> 01:04:52.260]  Well, that was interesting.
[01:04:52.260 --> 01:04:54.020]  Okay.
[01:04:54.020 --> 01:05:00.260]  I get the distinct impression he's not hearing what he wants to.
[01:05:00.260 --> 01:05:01.260]  Okay.
[01:05:01.260 --> 01:05:05.260]  We're going to go to Andrew in Pennsylvania.
[01:05:05.260 --> 01:05:07.260]  Hello, Andrew.
[01:05:07.260 --> 01:05:13.260]  I'm calling about the whole incident I had in the past, because after that whole thing
[01:05:13.260 --> 01:05:16.260]  was settled, I still have some answers.
[01:05:16.260 --> 01:05:17.260]  Okay.
[01:05:17.260 --> 01:05:18.260]  Hold on.
[01:05:18.260 --> 01:05:19.260]  Hold on.
[01:05:19.260 --> 01:05:20.260]  Referential index.
[01:05:20.260 --> 01:05:25.260]  I know who you are, but most of our listeners don't.
[01:05:25.260 --> 01:05:30.260]  Traveling through Arizona, you get a speeding ticket in Arizona.
[01:05:30.260 --> 01:05:33.260]  Is this what you're referring to?
[01:05:33.260 --> 01:05:35.260]  I tried using Eddie Craig's script.
[01:05:35.260 --> 01:05:36.260]  The cop locked his cool.
[01:05:36.260 --> 01:05:40.260]  Because I had my window down, he was able to reach into the car and yank me out and
[01:05:40.260 --> 01:05:42.260]  take me to jail for 30 hours.
[01:05:42.260 --> 01:05:47.260]  I contacted you after my mama bailed me out of jail, and I got home, and I called you
[01:05:47.260 --> 01:05:52.260]  and you suggested that I file three documents using your habeas.
[01:05:52.260 --> 01:05:58.260]  Some sort of a motion to dismiss, a lawsuit thing, and something else.
[01:05:58.260 --> 01:06:05.260]  After I did that, like a week or two after I did that, they mailed my mother the bail
[01:06:05.260 --> 01:06:06.260]  money that she used to get me out.
[01:06:06.260 --> 01:06:08.260]  It was a refund of some sort.
[01:06:08.260 --> 01:06:12.260]  You told me when I spoke to you about that, that that's a good indication that they don't
[01:06:12.260 --> 01:06:16.260]  pursue the case any further.
[01:06:16.260 --> 01:06:20.260]  Well, I thought it was all said and done.
[01:06:20.260 --> 01:06:26.260]  Then to my dismay, two months later, I find out that they're going to prosecute the case
[01:06:26.260 --> 01:06:28.260]  and they sent me something through the mail.
[01:06:28.260 --> 01:06:30.260]  Now, I'm a little confused.
[01:06:30.260 --> 01:06:34.260]  Please don't listen to this shifting blame on you or anything.
[01:06:34.260 --> 01:06:37.260]  When you told me that it's an indication they don't want to pursue the case any further,
[01:06:37.260 --> 01:06:40.260]  did it ever occur to you that they were going to look my name up in the computer system
[01:06:40.260 --> 01:06:43.260]  and decide to prosecute the case against me?
[01:06:43.260 --> 01:06:47.260]  I'm not sure what that means.
[01:06:47.260 --> 01:06:52.260]  Did it ever occur to me that they would look your name up in the computer system?
[01:06:52.260 --> 01:06:53.260]  Yeah.
[01:06:53.260 --> 01:06:57.260]  Well, that must have been how they decided to prosecute the case, because they must have
[01:06:57.260 --> 01:07:04.260]  a computer system of all the cases that they could potentially prosecute against, and mine
[01:07:04.260 --> 01:07:06.260]  was in there.
[01:07:06.260 --> 01:07:07.260]  Yeah.
[01:07:07.260 --> 01:07:15.260]  You're out of state, so you're an easy mark, because they're going to be wanting you to
[01:07:15.260 --> 01:07:25.260]  come back to the state of Arizona, and if they intend to pursue prosecution... Okay.
[01:07:25.260 --> 01:07:29.260]  Before I go any further, I have to back up and see.
[01:07:29.260 --> 01:07:32.260]  You filed a habeas.
[01:07:32.260 --> 01:07:33.260]  Yes.
[01:07:33.260 --> 01:07:37.260]  You essentially have the federal claims.
[01:07:37.260 --> 01:07:44.260]  If you want to turn the tables on them, they figure this is just three, four hundred bucks.
[01:07:44.260 --> 01:07:49.260]  It'll cost you more than that to fly back there, so they figure if they just put the
[01:07:49.260 --> 01:07:55.260]  screws to you a little, you'll send them a check, but they don't know Olivier in Tennessee.
[01:07:55.260 --> 01:07:58.260]  If they knew him, they wouldn't think that way.
[01:07:58.260 --> 01:08:07.260]  So, you might consider you have the habeas sent to them, use that habeas as grounds for
[01:08:07.260 --> 01:08:13.260]  a federal suit, sue them in Pennsylvania federal court.
[01:08:13.260 --> 01:08:14.260]  Okay.
[01:08:14.260 --> 01:08:20.260]  Well, that's not going to happen at this point, any sort of a lawsuit or anything, because
[01:08:20.260 --> 01:08:25.260]  the thing was all done... I hired a lawyer in Arizona.
[01:08:25.260 --> 01:08:32.260]  He assured me that the method of arguing never engage in transportation in the first place
[01:08:32.260 --> 01:08:37.260]  was not going to work, because the courts will just keep making an irreparable presumption
[01:08:37.260 --> 01:08:44.260]  or whatever that you were engaged in commerce anyway, and that's the way they handle it.
[01:08:44.260 --> 01:08:47.260]  It's good they're not corrupt and all that.
[01:08:47.260 --> 01:08:54.260]  Well, other than that, what really confused me about after this whole ordeal was this
[01:08:54.260 --> 01:09:01.260]  I wonder, okay, well, what would be the sense in... Like what you said, Craig's red light
[01:09:01.260 --> 01:09:05.260]  camera letter, for example, the red light camera letter that he used, that he suggests
[01:09:05.260 --> 01:09:08.260]  people use if they get caught running a red light camera.
[01:09:08.260 --> 01:09:13.260]  Now, I'm thinking if somebody were to try to use that red light camera letter, if they
[01:09:13.260 --> 01:09:20.260]  get a red light camera ticket, it's not going to be of any use, because in the same way
[01:09:20.260 --> 01:09:26.260]  if they prosecuted the case against me, even after I filed those documents he told me about,
[01:09:26.260 --> 01:09:32.260]  I'm thinking, okay, they would just prosecute the case against anyone anyway if they were
[01:09:32.260 --> 01:09:35.260]  to try to file the red light camera letter.
[01:09:35.260 --> 01:09:42.260]  I mean, how do you know when the courts are going to prosecute the case against you, and
[01:09:42.260 --> 01:09:44.260]  how do you know when they're not?
[01:09:44.260 --> 01:09:49.260]  If they're always going to prosecute the case against you, then what's the sense in filing
[01:09:49.260 --> 01:09:55.260]  paperwork beforehand to try to start a lawsuit to get the charges dropped or whatever?
[01:09:55.260 --> 01:09:56.260]  Okay.
[01:09:56.260 --> 01:09:59.260]  You sound pretty frustrated.
[01:09:59.260 --> 01:10:02.260]  Because I am.
[01:10:02.260 --> 01:10:10.260]  You have to understand it's not about the law, and it's a hard thing for us to get over,
[01:10:10.260 --> 01:10:12.260]  because we expect the law to matter.
[01:10:12.260 --> 01:10:14.260]  We feel protected by the law.
[01:10:14.260 --> 01:10:16.260]  It's not about law.
[01:10:16.260 --> 01:10:17.260]  It's about the politics.
[01:10:17.260 --> 01:10:19.260]  It's about the money.
[01:10:19.260 --> 01:10:24.260]  These guys are after money, and that's all they care about is money.
[01:10:24.260 --> 01:10:27.260]  It's a traffic case.
[01:10:27.260 --> 01:10:30.260]  It's not that serious.
[01:10:30.260 --> 01:10:32.260]  They put a little pressure on you.
[01:10:32.260 --> 01:10:33.260]  You'll pay up.
[01:10:33.260 --> 01:10:35.260]  They know that.
[01:10:35.260 --> 01:10:42.260]  And if you're willing to pay up, it fits their model.
[01:10:42.260 --> 01:10:50.260]  There are things you can do to cost them money to make it more expensive to prosecute you
[01:10:50.260 --> 01:10:53.260]  than to drop the whole thing.
[01:10:53.260 --> 01:10:59.260]  But you can't just expect that these public officials will follow the law just because
[01:10:59.260 --> 01:11:01.260]  you put it in front of them.
[01:11:01.260 --> 01:11:03.260]  They don't care.
[01:11:03.260 --> 01:11:09.260]  It's about money, so you have to make it cost them money.
[01:11:09.260 --> 01:11:14.260]  So what are you willing to do?
[01:11:14.260 --> 01:11:19.260]  Well, I guess because it would have cost me more money to make the trip down to Arizona
[01:11:19.260 --> 01:11:24.260]  than it would to hire the lawyer, from a financial standpoint, it made sense to hire the lawyer,
[01:11:24.260 --> 01:11:29.260]  even though the lawyer was, I don't know, he came...
[01:11:29.260 --> 01:11:33.260]  He was there to throw you under the bus.
[01:11:33.260 --> 01:11:43.260]  So it would cost you less to sue them in the federal court in Pennsylvania than to pay them off.
[01:11:43.260 --> 01:11:44.260]  Right.
[01:11:44.260 --> 01:11:50.260]  It only cost you about 300 bucks to sue them in the federal court in Pennsylvania,
[01:11:50.260 --> 01:11:53.260]  and they have to come to you now.
[01:11:53.260 --> 01:11:58.260]  They have to hire a lawyer in Pennsylvania.
[01:11:58.260 --> 01:11:59.260]  Now, it's all about the money.
[01:11:59.260 --> 01:12:05.260]  Now they come to the table and make a deal because they don't have to hire a federal lawyer
[01:12:05.260 --> 01:12:15.260]  in Pennsylvania to defend your 42 U.S. Code 1983 suit against them.
[01:12:15.260 --> 01:12:17.260]  It's all about the money.
[01:12:17.260 --> 01:12:18.260]  Forget law.
[01:12:18.260 --> 01:12:22.260]  Law is just a way of keeping things organized.
[01:12:22.260 --> 01:12:24.260]  Everything is political.
[01:12:24.260 --> 01:12:27.260]  All politics is local.
[01:12:27.260 --> 01:12:31.260]  And all politics is motivated by the money.
[01:12:31.260 --> 01:12:38.260]  Once you got that part, then how you handle these guys becomes relatively easy.
[01:12:38.260 --> 01:12:43.260]  They're at least easy to understand.
[01:12:43.260 --> 01:12:50.260]  But by getting back to what I told you that they refunded the bail money,
[01:12:50.260 --> 01:12:57.260]  after telling me this whole thing about what to think about from the prosecutor's standpoint,
[01:12:57.260 --> 01:13:04.260]  going after someone in Pennsylvania for a traffic case is just not profitable.
[01:13:04.260 --> 01:13:07.260]  Well, apparently not because they went after me.
[01:13:07.260 --> 01:13:08.260]  Well, okay.
[01:13:08.260 --> 01:13:11.260]  We don't know what their calculation was.
[01:13:11.260 --> 01:13:14.260]  We don't know why they sent your bail money back to you.
[01:13:14.260 --> 01:13:20.260]  But generally, if they send your bail money back to you, that's their security.
[01:13:20.260 --> 01:13:24.260]  And to send it back to you, somebody probably might have sent it back by mistake.
[01:13:24.260 --> 01:13:27.260]  Or some prosecutor might have said, this is nonsense.
[01:13:27.260 --> 01:13:29.260]  This is a waste of our time.
[01:13:29.260 --> 01:13:33.260]  And then some other prosecutor says, oh, wow, I can get a conviction on that.
[01:13:33.260 --> 01:13:34.260]  I can collect that money.
[01:13:34.260 --> 01:13:37.260]  You don't know what went on.
[01:13:37.260 --> 01:13:43.260]  And if you're asking me to read the minds of these public officials,
[01:13:43.260 --> 01:13:45.260]  that's out of my scope.
[01:13:45.260 --> 01:13:51.260]  All I can do is look at the circumstances and make my best estimation.
[01:13:51.260 --> 01:13:58.260]  But generally, every time I've been sent my bail money back, the charges go away.
[01:13:58.260 --> 01:14:02.260]  So all I can go by is the experience I have.
[01:14:02.260 --> 01:14:07.260]  And if you're upset that they decided to go and prosecute you anyway,
[01:14:07.260 --> 01:14:13.260]  well, I didn't have any control over that.
[01:14:13.260 --> 01:14:22.260]  And you didn't do the things I suggested you to that you could do to win the case
[01:14:22.260 --> 01:14:24.260]  because they were more difficult.
[01:14:24.260 --> 01:14:25.260]  It took more time.
[01:14:25.260 --> 01:14:27.260]  It took more effort.
[01:14:27.260 --> 01:14:31.260]  You just wanted this thing to just go away.
[01:14:31.260 --> 01:14:33.260]  It's not going to go away.
[01:14:33.260 --> 01:14:35.260]  These guys want their money.
[01:14:35.260 --> 01:14:40.260]  They're there to produce revenue, and that's their only job.
[01:14:40.260 --> 01:14:43.260]  So they're not going to go away easy.
[01:14:43.260 --> 01:14:50.260]  You've got to be smarter than them, and you've got to be willing to take them on.
[01:14:50.260 --> 01:14:59.260]  I suggested that you take a deal because you weren't in a good position to fight this fight.
[01:14:59.260 --> 01:15:08.260]  If you got a ticket in Pennsylvania, then now you're in a better position to fight the fight.
[01:15:08.260 --> 01:15:14.260]  But I decided not to file any sort of a lawsuit or anything against them.
[01:15:14.260 --> 01:15:18.260]  Then why are you calling here accusing?
[01:15:18.260 --> 01:15:22.260]  You sound like you're being accusatory because they went ahead
[01:15:22.260 --> 01:15:26.260]  and prosecuted you like I had something to do with that.
[01:15:26.260 --> 01:15:28.260]  No, you had nothing to do with it.
[01:15:28.260 --> 01:15:31.260]  I said a lot for answers in regards to understanding.
[01:15:31.260 --> 01:15:33.260]  When are they going to prosecute you?
[01:15:33.260 --> 01:15:37.260]  And that's because you think the law matters.
[01:15:37.260 --> 01:15:38.260]  No, I don't.
[01:15:38.260 --> 01:15:39.260]  You don't.
[01:15:39.260 --> 01:15:42.260]  Only the money matters.
[01:15:42.260 --> 01:15:45.260]  If you'd have bargrieved every one of those prosecutors
[01:15:45.260 --> 01:15:51.260]  and judicial conduct complained to the judge, good chance this would have went away.
[01:15:51.260 --> 01:15:52.260]  Okay.
[01:15:52.260 --> 01:15:57.260]  So if they want to prosecute a case, do they, like every state, have a computer system?
[01:15:57.260 --> 01:16:04.260]  Everyone who's been arrested that we could potentially prosecute the case against.
[01:16:04.260 --> 01:16:06.260]  Is that how it works?
[01:16:06.260 --> 01:16:09.260]  I think they have two years to prosecute.
[01:16:09.260 --> 01:16:15.260]  I'm after a court now in East Texas.
[01:16:15.260 --> 01:16:20.260]  They arrested the guy, they got his bond money, and they didn't charge him.
[01:16:20.260 --> 01:16:23.260]  They say they can hold it for two years.
[01:16:23.260 --> 01:16:26.260]  So we're going to go after them for that.
[01:16:26.260 --> 01:16:29.260]  We're going to hold this over his head for two years.
[01:16:29.260 --> 01:16:32.260]  We're going to go after him with a habeas cause.
[01:16:32.260 --> 01:16:36.260]  But yeah, there are things you can do, but you've got to be willing to fight the fight,
[01:16:36.260 --> 01:16:39.260]  and it has to be worth it to you to fight the fight.
[01:16:39.260 --> 01:16:45.260]  And I don't suggest that you get in a big fight when you're that far away.
[01:16:45.260 --> 01:16:48.260]  Hang on, about to go to break.
[01:16:48.260 --> 01:16:55.260]  Ran Kelton, Debra Stevens, Rule of Law Radio, or call in number 512-646-1984.
[01:16:55.260 --> 01:17:00.260]  We'll be right back.
[01:17:26.260 --> 01:17:29.260]  How to get debt collectors out of your credit report.
[01:17:29.260 --> 01:17:33.260]  How to turn the financial tables on them and make them pay you to go away.
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[01:17:38.260 --> 01:17:40.260]  Personal consultation is available as well.
[01:17:40.260 --> 01:17:44.260]  For more information, please visit ruleoflawradio.com
[01:17:44.260 --> 01:17:49.260]  and click on the blue Michael Mears banner, or email michaelmears at yahoo.com.
[01:17:49.260 --> 01:17:57.260]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:17:57.260 --> 01:18:00.260]  to learn how to stop debt collectors now.
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[01:19:00.260 --> 01:19:24.260]  This is the Logos Radio Net Video.
[01:19:24.260 --> 01:19:26.260]  Okay, we are back.
[01:19:26.260 --> 01:19:31.260]  This is Randy Kelton, Deborah Stevens, Rue La Radio, and we're talking to Andrew in Pennsylvania.
[01:19:31.260 --> 01:19:34.260]  Andrew, I don't know what I can do for you.
[01:19:34.260 --> 01:19:37.260]  I think you did the right thing.
[01:19:37.260 --> 01:19:44.260]  I don't like the idea of challenging police officers on the side of the road.
[01:19:44.260 --> 01:19:49.260]  A police officer goes from one call to the next, to the next, to the next, to the next.
[01:19:49.260 --> 01:19:55.260]  And every, most every one of them, people are in horrible difficulty.
[01:19:55.260 --> 01:19:57.260]  Tensions are high.
[01:19:57.260 --> 01:19:59.260]  Adrenaline is cranking.
[01:19:59.260 --> 01:20:03.260]  The cops tend to be wound up.
[01:20:03.260 --> 01:20:04.260]  Don't push them.
[01:20:04.260 --> 01:20:06.260]  It's not necessary.
[01:20:06.260 --> 01:20:12.260]  Don't get them to break your window out, especially when you're out of state.
[01:20:12.260 --> 01:20:17.260]  So pay this one off if you want to have this fight.
[01:20:17.260 --> 01:20:23.260]  Have it in Pennsylvania, but be prepared for the fight.
[01:20:23.260 --> 01:20:25.260]  I don't want to have the fight.
[01:20:25.260 --> 01:20:30.260]  I have a license on my vehicle, and I have a driver's license.
[01:20:30.260 --> 01:20:36.260]  But if I get a ticket, then I'm going to give them a fight.
[01:20:36.260 --> 01:20:42.260]  While I have a license, and I have a license plate on my vehicle,
[01:20:42.260 --> 01:20:49.260]  I'm registered with the Department of Transportation as a private operator, not in commerce, and he has notice.
[01:20:49.260 --> 01:20:57.260]  The last three tickets I got, they never got to court because they set them up beforehand.
[01:20:57.260 --> 01:20:59.260]  And it's strategic.
[01:20:59.260 --> 01:21:01.260]  But you have to work at it.
[01:21:01.260 --> 01:21:02.260]  You have to learn how to do this.
[01:21:02.260 --> 01:21:05.260]  You can't just, there's no magic bullet.
[01:21:05.260 --> 01:21:08.260]  There's no wand you can wave and make this go away.
[01:21:08.260 --> 01:21:10.260]  This is a fight.
[01:21:10.260 --> 01:21:15.260]  It's harder in the traffic court than anywhere else
[01:21:15.260 --> 01:21:19.260]  because all they're about is the money.
[01:21:19.260 --> 01:21:20.260]  They don't care about the law.
[01:21:20.260 --> 01:21:22.260]  They don't care about anything.
[01:21:22.260 --> 01:21:25.260]  They just want the money.
[01:21:25.260 --> 01:21:28.260]  And if we're going to beat these guys, we have to set them up.
[01:21:28.260 --> 01:21:30.260]  It takes a lot of work.
[01:21:30.260 --> 01:21:35.260]  And Andrew, you got other business.
[01:21:35.260 --> 01:21:41.260]  There are some of us who have, for us, this is our particular crazy.
[01:21:41.260 --> 01:21:43.260]  This is not your particular crazy.
[01:21:43.260 --> 01:21:48.260]  What are the things that are more important than this
[01:21:48.260 --> 01:21:53.260]  that you should, I suggest you should be spending your time on
[01:21:53.260 --> 01:21:55.260]  and not let this eat at you?
[01:21:55.260 --> 01:21:59.260]  You just don't have time to fight these guys.
[01:21:59.260 --> 01:22:02.260]  You got other things you need to be doing.
[01:22:02.260 --> 01:22:09.260]  For those of you who don't know, Andrew has his own show on, in another place.
[01:22:09.260 --> 01:22:12.260]  And he creates great value there.
[01:22:12.260 --> 01:22:16.260]  Your time is better spent there than here.
[01:22:16.260 --> 01:22:22.260]  Eddie and me, we got people out here who have time to fight this
[01:22:22.260 --> 01:22:26.260]  and they're fighting it in their local areas.
[01:22:26.260 --> 01:22:29.260]  They're better equipped to do it.
[01:22:29.260 --> 01:22:31.260]  I think you did the right thing and you came out of it
[01:22:31.260 --> 01:22:35.260]  as best you could have expected.
[01:22:35.260 --> 01:22:37.260]  And that's my story and I'm sticking to it.
[01:22:37.260 --> 01:22:39.260]  Thank you, Eddie.
[01:22:39.260 --> 01:22:40.260]  You're welcome.
[01:22:40.260 --> 01:22:46.260]  Okay, now we're going to go to Olivier in Tennessee.
[01:22:46.260 --> 01:22:49.260]  Hello, Mr. Olivier.
[01:22:49.260 --> 01:22:50.260]  Hello.
[01:22:50.260 --> 01:22:51.260]  Hello.
[01:22:51.260 --> 01:22:52.260]  Hello.
[01:22:52.260 --> 01:22:54.260]  How you doing, Mr. Kelsey?
[01:22:54.260 --> 01:22:56.260]  I am doing good.
[01:22:56.260 --> 01:22:59.260]  Man, I'm having a ball over here, man.
[01:22:59.260 --> 01:23:03.260]  You set me up last time, man.
[01:23:03.260 --> 01:23:04.260]  I can't believe it.
[01:23:04.260 --> 01:23:07.260]  You sent me on the happiest corpus hunt.
[01:23:07.260 --> 01:23:11.260]  And then I followed your instructions.
[01:23:11.260 --> 01:23:19.260]  The judge dismissed it saying that I was not restrained of my liberty.
[01:23:19.260 --> 01:23:24.260]  So once I calculated, I figured that what is Randy going to tell me?
[01:23:24.260 --> 01:23:28.260]  So I went over everything that I figured that you could tell me.
[01:23:28.260 --> 01:23:30.260]  And then I found out in the statute,
[01:23:30.260 --> 01:23:40.260]  it says that they had to see the case in sustainer, which means immediately.
[01:23:40.260 --> 01:23:44.260]  Yeah, in stante.
[01:23:44.260 --> 01:23:45.260]  Oh, yes.
[01:23:45.260 --> 01:23:56.260]  And in the statute, it also says that if a judge does not grant a writ falsely,
[01:23:56.260 --> 01:24:01.260]  if they deny a writ falsely, then they're subject to suit.
[01:24:01.260 --> 01:24:03.260]  So once I saw that, man, I said, you know what?
[01:24:03.260 --> 01:24:07.260]  I can't wait to tell Randy I'm going to file this again.
[01:24:07.260 --> 01:24:14.260]  I'm going to write all the statutes and everything in and all the procedures,
[01:24:14.260 --> 01:24:15.260]  and I'm going to refile it.
[01:24:15.260 --> 01:24:19.260]  So I went in and refiled it the next day in front of another judge.
[01:24:19.260 --> 01:24:21.260]  So I'm waiting.
[01:24:21.260 --> 01:24:26.260]  Okay, that was going to be my next suggestion is go to the next higher court
[01:24:26.260 --> 01:24:32.260]  and file it in that court, because are you out on bail?
[01:24:32.260 --> 01:24:34.260]  Yeah, I started off.
[01:24:34.260 --> 01:24:38.260]  Can you just leave the state and never come back?
[01:24:38.260 --> 01:24:42.260]  No, I can't leave the state.
[01:24:42.260 --> 01:24:50.260]  What part of your rights are restricted is hard for this judge to understand?
[01:24:50.260 --> 01:24:56.260]  I don't even know.
[01:24:56.260 --> 01:24:59.260]  You follow the routine on him.
[01:24:59.260 --> 01:25:05.260]  They are so accustomed to people thinking that the judge is important,
[01:25:05.260 --> 01:25:10.260]  that they don't understand when they come across a critter like you.
[01:25:10.260 --> 01:25:13.260]  There was a John Wayne movie.
[01:25:13.260 --> 01:25:18.260]  I forget the name of it, but his niece was taken by the Indians,
[01:25:18.260 --> 01:25:24.260]  and John Wayne and the niece's brother went after them.
[01:25:24.260 --> 01:25:32.260]  And five years later, the nephew said, isn't it time we stopped?
[01:25:32.260 --> 01:25:38.260]  And John Wayne told him, said the Indian will run so far and then he'll stop.
[01:25:38.260 --> 01:25:46.260]  He just doesn't understand a critter that will just keep on coming.
[01:25:46.260 --> 01:25:52.260]  These judges don't understand a critter that no matter what they do,
[01:25:52.260 --> 01:25:55.260]  he's got something else to do.
[01:25:55.260 --> 01:26:04.260]  And I think, Olivier, you have come to understand the most important point about law.
[01:26:04.260 --> 01:26:12.260]  No matter what they pull, you've got something you can do.
[01:26:12.260 --> 01:26:16.260]  I'm real pleased with you. I'm proud of you.
[01:26:16.260 --> 01:26:21.260]  And my perception of it was, what was concerning to me was,
[01:26:21.260 --> 01:26:25.260]  well, my question is how to do it, because number one,
[01:26:25.260 --> 01:26:30.260]  what I'm realizing is when I teach everyone else how to do habeas corpus,
[01:26:30.260 --> 01:26:33.260]  I'm looking at this as like a future idea,
[01:26:33.260 --> 01:26:36.260]  but when I teach everyone habeas corpus and when I go through this
[01:26:36.260 --> 01:26:39.260]  and I sue two, three judges,
[01:26:39.260 --> 01:26:42.260]  everybody else is going to have a door wide open.
[01:26:42.260 --> 01:26:44.260]  They are not going to know.
[01:26:44.260 --> 01:26:47.260]  Do you know Mr. Olivier?
[01:26:47.260 --> 01:26:49.260]  You know, they're not going to know.
[01:26:49.260 --> 01:26:50.260]  They don't know.
[01:26:50.260 --> 01:26:53.260]  Well, habeas corpus, now we have to look at the merits,
[01:26:53.260 --> 01:26:55.260]  because we don't know if you know Mr. Olivier.
[01:26:55.260 --> 01:26:59.260]  Mr. Olivier already sued us two, three times.
[01:26:59.260 --> 01:27:11.260]  And what they will almost certainly try to do next is get you declared a vexatious litigant.
[01:27:11.260 --> 01:27:21.260]  So when you get off this call, go look up vexatious litigant in Tennessee law.
[01:27:21.260 --> 01:27:27.260]  Look at what their definition of a vexatious litigant is
[01:27:27.260 --> 01:27:32.260]  so that you can be ahead of that claim.
[01:27:32.260 --> 01:27:34.260]  How do you spell that?
[01:27:34.260 --> 01:27:38.260]  V-E-X.
[01:27:38.260 --> 01:27:40.260]  V-E-X.
[01:27:40.260 --> 01:27:41.260]  I don't know.
[01:27:41.260 --> 01:27:42.260]  I'll have to look it up.
[01:27:42.260 --> 01:27:53.260]  V-E-X-A-T-I-O-U-S.
[01:27:53.260 --> 01:27:56.260]  Okay, vexatious litigant.
[01:27:56.260 --> 01:28:00.260]  My head don't know how to spell it, but my fingers do.
[01:28:00.260 --> 01:28:02.260]  If that makes sense.
[01:28:02.260 --> 01:28:04.260]  Yeah, it does.
[01:28:04.260 --> 01:28:10.260]  Now, I want to try by jury, because, like, I want, if they answer,
[01:28:10.260 --> 01:28:13.260]  because I'm starting to realize that they don't have to answer.
[01:28:13.260 --> 01:28:18.260]  They have the right to default, I guess, because I check them on the two cases,
[01:28:18.260 --> 01:28:23.260]  check down everything, make sure everything's good, and they are in default.
[01:28:23.260 --> 01:28:29.260]  So I prepared my motions for default, MoMotion for default.
[01:28:29.260 --> 01:28:32.260]  I started that process and everything, learning how to do that.
[01:28:32.260 --> 01:28:36.260]  But they are in default, but I'm trying to figure out that I want, I want.
[01:28:36.260 --> 01:28:40.260]  Okay, let's talk about default.
[01:28:40.260 --> 01:28:48.260]  Did you send your, okay, I'm not sure precisely what the filing,
[01:28:48.260 --> 01:28:53.260]  the serving requirements in Tennessee are.
[01:28:53.260 --> 01:28:57.260]  In Texas, you can serve by certified mail.
[01:28:57.260 --> 01:29:00.260]  Can you do that in Tennessee?
[01:29:00.260 --> 01:29:04.260]  Yeah, you can, but I did it with a process service.
[01:29:04.260 --> 01:29:07.260]  Oh, good, man.
[01:29:07.260 --> 01:29:12.260]  They have 30 days from the day that they were served to answer the complaint.
[01:29:12.260 --> 01:29:19.260]  Okay, generally when you have a no answer default,
[01:29:19.260 --> 01:29:25.260]  you make up a motion for no answer default, you take it to the court clerk,
[01:29:25.260 --> 01:29:33.260]  and the court clerk is authorized to look at the proof of service.
[01:29:33.260 --> 01:29:37.260]  If the process server did it, that's the best kind of proof of service.
[01:29:37.260 --> 01:29:40.260]  The process server says, I served it on this day.
[01:29:40.260 --> 01:29:46.260]  And then the clerk counts the number of days they have to respond.
[01:29:46.260 --> 01:29:50.260]  And then the clerk looks in the record and they don't see the response,
[01:29:50.260 --> 01:29:52.260]  the clerk can sign it.
[01:29:52.260 --> 01:29:56.260]  Hang on, going to break, Randy Kelton, Wheelbarrow Radio.
[01:29:56.260 --> 01:30:01.260]  I call it number 512-646-98.
[01:30:01.260 --> 01:30:07.260]  You must have been a beautiful baby, and you must have been a beautiful child.
[01:30:07.260 --> 01:30:10.260]  These days a lot of parents are showing off their kids on the net.
[01:30:10.260 --> 01:30:15.260]  I'm Dr. Catherine Albrecht, and I'll be back to tell you why the practice could be dangerous.
[01:30:15.260 --> 01:30:17.260]  Privacy is under attack.
[01:30:17.260 --> 01:30:21.260]  When you give up data about yourself, you'll never get it back again.
[01:30:21.260 --> 01:30:26.260]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.260 --> 01:30:31.260]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.260 --> 01:30:33.260]  Privacy, it's worth hanging on to.
[01:30:33.260 --> 01:30:37.260]  This public service announcement is brought to you by StartPage.com,
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[01:30:44.260 --> 01:30:48.260]  The Internet can be a scary place, but concerns about predators
[01:30:48.260 --> 01:30:52.260]  haven't stopped parents from posting their kids' pictures online.
[01:30:52.260 --> 01:30:57.260]  A recent study by online security company AVG found that a shocking 92 percent
[01:30:57.260 --> 01:31:00.260]  of U.S. babies have an online presence by age 2.
[01:31:00.260 --> 01:31:04.260]  A third of American mothers report posting snapshots of their newborns online,
[01:31:04.260 --> 01:31:09.260]  and over 5 percent of U.S. babies have email addresses or online profiles
[01:31:09.260 --> 01:31:11.260]  years before they can even type.
[01:31:11.260 --> 01:31:15.260]  Most of these parents merely want to share their happiness with friends and family.
[01:31:15.260 --> 01:31:19.260]  But please, give some thought to how strangers might abuse the information.
[01:31:19.260 --> 01:31:22.260]  Play it safe and keep photos private.
[01:31:22.260 --> 01:31:30.260]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.260 --> 01:31:36.260]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.260 --> 01:31:38.260]  The government says that fire brought it down.
[01:31:38.260 --> 01:31:43.260]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.260 --> 01:31:46.260]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.260 --> 01:31:48.260]  But thousands of my fellow first responders are dying.
[01:31:48.260 --> 01:31:50.260]  I'm not a conspiracy theorist.
[01:31:50.260 --> 01:31:51.260]  I'm a structural engineer.
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[01:31:53.260 --> 01:31:55.260]  I'm a father who lost his son.
[01:31:55.260 --> 01:31:57.260]  We're Americans, and we deserve the truth.
[01:31:57.260 --> 01:32:00.260]  Go to RememberBuilding7.org today.
[01:32:00.260 --> 01:32:03.260]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.260 --> 01:32:06.260]  Did your home receive hail or wind damage from the recent storms?
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[01:32:09.260 --> 01:32:11.260]  but good luck getting them to pay for it.
[01:32:11.260 --> 01:32:14.260]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
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[01:32:40.260 --> 01:32:45.260]  and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.260 --> 01:32:50.260]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.260 --> 01:32:56.260]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.260 --> 01:32:58.260]  Discounts are based on full roof replacement.
[01:32:58.260 --> 01:33:01.260]  May not actually be kidding about chemtrails.
[01:33:01.260 --> 01:33:12.260]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:12.260 --> 01:33:15.260]  Yeah, who you want to chip, who you take me for?
[01:33:15.260 --> 01:33:16.260]  Free Tony.
[01:33:16.260 --> 01:33:17.260]  Who you want to chip?
[01:33:17.260 --> 01:33:18.260]  Me no free Tony.
[01:33:18.260 --> 01:33:19.260]  You can't chip me.
[01:33:19.260 --> 01:33:21.260]  I'm a fact.
[01:33:21.260 --> 01:33:24.260]  Don't let them chip you in the morning, chip you in the evening.
[01:33:24.260 --> 01:33:26.260]  Put the chip in your body.
[01:33:26.260 --> 01:33:30.260]  And anyway, when you go computer reading, you can't hide me.
[01:33:30.260 --> 01:33:32.260]  Okay, we are back.
[01:33:32.260 --> 01:33:35.260]  Randy Kelton, Debra Stevens, you can read with our radio.
[01:33:35.260 --> 01:33:38.260]  And we're talking to Olivier in Tennessee.
[01:33:38.260 --> 01:33:51.260]  And Olivier, I found a case in Tennessee, Hooker v. Sunquist.
[01:33:51.260 --> 01:33:59.260]  And the way I'm reading this, they're accusing this guy of being a vexatious litigant.
[01:33:59.260 --> 01:34:05.260]  And they're trying to seek sanctions under Rule 11.
[01:34:05.260 --> 01:34:13.260]  That sounds like you don't have a vexatious litigant statute in Tennessee.
[01:34:13.260 --> 01:34:18.260]  We have one in Texas, and they have one in the Fed.
[01:34:18.260 --> 01:34:23.260]  But it looks like you don't have one directly in Tennessee.
[01:34:23.260 --> 01:34:27.260]  All they can do is try to seek sanctions.
[01:34:27.260 --> 01:34:32.260]  In Texas or in the Fed, if you are declared a vexatious litigant,
[01:34:32.260 --> 01:34:39.260]  then you cannot file a lawsuit unless you get permission from the court first.
[01:34:39.260 --> 01:34:45.260]  I don't see that restriction in Tennessee, and that's great.
[01:34:45.260 --> 01:34:49.260]  Well, yeah, I mean, in the actual statute,
[01:34:49.260 --> 01:34:55.260]  it says that it gives you cards where you can sue the judge directly.
[01:34:55.260 --> 01:34:58.260]  Yeah, well, I'm talking about vexatious litigants.
[01:34:58.260 --> 01:35:03.260]  They're looking at this case, and they're accusing this guy of suing,
[01:35:03.260 --> 01:35:08.260]  claiming that they can't serve meat at a political rally.
[01:35:08.260 --> 01:35:11.260]  And they're saying, this is vexatious.
[01:35:11.260 --> 01:35:15.260]  But your suits are not of that nature.
[01:35:15.260 --> 01:35:18.260]  Your suits are very specific.
[01:35:18.260 --> 01:35:21.260]  They go directly to due course of law.
[01:35:21.260 --> 01:35:26.260]  They go to harm that's being fostered on you.
[01:35:26.260 --> 01:35:28.260]  It looks like they're going to have a hard time,
[01:35:28.260 --> 01:35:35.260]  but you need to read at least a couple of these cases so you understand
[01:35:35.260 --> 01:35:37.260]  when they get tired of you suing them,
[01:35:37.260 --> 01:35:41.260]  they're going to go to the courts and try to get sanctions against you.
[01:35:41.260 --> 01:35:45.260]  Just sit ready for them before they get there.
[01:35:45.260 --> 01:35:54.260]  Your suits so far are all responsive to things they've actually done.
[01:35:54.260 --> 01:35:57.260]  I know. That's why I'm not even worried about whatever they do,
[01:35:57.260 --> 01:36:02.260]  because it's like you're going to lose whatever cards you pull out,
[01:36:02.260 --> 01:36:04.260]  whatever cards you pull out.
[01:36:04.260 --> 01:36:07.260]  I'm going to shuffle them and rearrange them, and you lose.
[01:36:07.260 --> 01:36:12.260]  The reason I mentioned vexatious litigants is you do the homework,
[01:36:12.260 --> 01:36:18.260]  and then you will be able to do some pawn moves and set your pawns out there
[01:36:18.260 --> 01:36:21.260]  so when they try the vexatious litigant tactic,
[01:36:21.260 --> 01:36:25.260]  they'll bump into your pawns and it won't work for them, just to be ready for them.
[01:36:25.260 --> 01:36:33.260]  So far, your suits are responsive to what you maintain are due process violations.
[01:36:33.260 --> 01:36:36.260]  It can be hard for them to come after you.
[01:36:36.260 --> 01:36:37.260]  Good, good.
[01:36:37.260 --> 01:36:41.260]  Okay, now I want to make this next move on the judges.
[01:36:41.260 --> 01:36:46.260]  It's very concise, and I want to make it work out for all the public.
[01:36:46.260 --> 01:36:51.260]  So I'm thinking about suing them for what?
[01:36:51.260 --> 01:36:57.260]  You have to sue over $25,000 to get into circuit court and to have a...
[01:36:57.260 --> 01:36:59.260]  No, you don't. Hold on.
[01:36:59.260 --> 01:37:02.260]  There is another suit.
[01:37:02.260 --> 01:37:08.260]  If you sue in the Fed and you ask for damages,
[01:37:08.260 --> 01:37:12.260]  the first thing you're going to get is a Rule 12 motion to...
[01:37:12.260 --> 01:37:19.260]  Rule 12B6, motion to dismiss for failure to state a claim on which recovery can be had.
[01:37:19.260 --> 01:37:26.260]  There is a pawn move, a way to sidestep around that.
[01:37:26.260 --> 01:37:34.260]  Write down 28 USC 2201.
[01:37:34.260 --> 01:37:36.260]  2201.
[01:37:36.260 --> 01:37:45.260]  This is a special statute to provide a separate remedy.
[01:37:45.260 --> 01:37:51.260]  This remedy is a court order.
[01:37:51.260 --> 01:37:58.260]  And what it is is a suit asking the judge to...
[01:37:58.260 --> 01:38:01.260]  Asking the judge to...
[01:38:01.260 --> 01:38:03.260]  I'm a little bit distracted here.
[01:38:03.260 --> 01:38:11.260]  I'm distracted. Asking the judge to...
[01:38:11.260 --> 01:38:13.260]  Asking the judge...
[01:38:13.260 --> 01:38:25.260]  I apologize. Asking the judge to make a determination of the rights of the parties.
[01:38:25.260 --> 01:38:27.260]  Determination.
[01:38:27.260 --> 01:38:33.260]  You do not ask for any damages.
[01:38:33.260 --> 01:38:40.260]  That suit cannot be tossed for failure to state a claim on which recovery can be had.
[01:38:40.260 --> 01:38:44.260]  That one sticks in the court.
[01:38:44.260 --> 01:38:48.260]  I had a federal judge here in Fort Worth.
[01:38:48.260 --> 01:38:51.260]  Judge McBride is a real stinker.
[01:38:51.260 --> 01:38:58.260]  I filed a quiet title action, which is a declaratory judgment suit.
[01:38:58.260 --> 01:39:00.260]  The other side removed it to the federal court.
[01:39:00.260 --> 01:39:03.260]  I filed a challenge subject matter jurisdiction.
[01:39:03.260 --> 01:39:13.260]  And Judge McBride, if you are a pro se, he's going to dismiss your case with prejudice out of hand no matter what.
[01:39:13.260 --> 01:39:16.260]  So I filed a declaratory judgment suit.
[01:39:16.260 --> 01:39:17.260]  They removed it to the Fed.
[01:39:17.260 --> 01:39:21.260]  The other side filed a real 12 motion to dismiss failure to state a claim.
[01:39:21.260 --> 01:39:27.260]  And the judge dismissed the case for failure to state a claim.
[01:39:27.260 --> 01:39:30.260]  Well, duh.
[01:39:30.260 --> 01:39:33.260]  This was a declaratory judgment suit.
[01:39:33.260 --> 01:39:37.260]  There is no claim for which recovery can be had.
[01:39:37.260 --> 01:39:45.260]  It's merely a suit asking the judge to declare the rights of the parties.
[01:39:45.260 --> 01:39:49.260]  But what's that going to do for me?
[01:39:49.260 --> 01:39:55.260]  28 U.S. Code 2201.
[01:39:55.260 --> 01:40:04.260]  You're just asking to say these are the rights of the parties, not asking for any damages, no recovery at all.
[01:40:04.260 --> 01:40:06.260]  Well, this judge dismissed it with prejudice.
[01:40:06.260 --> 01:40:10.260]  So I filed criminal charges against it.
[01:40:10.260 --> 01:40:15.260]  Okay.
[01:40:15.260 --> 01:40:18.260]  I mean, I understand the concept, but why?
[01:40:18.260 --> 01:40:22.260]  One, I want to get paid for this violation.
[01:40:22.260 --> 01:40:31.260]  Because two, it's in our statute, it's in our state statute that when you falsely deny a habeas corpus,
[01:40:31.260 --> 01:40:42.260]  you are authorized to receive a misdemeanor in office and the suit by the party, by the harmed party.
[01:40:42.260 --> 01:40:53.260]  So I understand what you're saying, but why would I go in there and not want damages when they said that I qualify for it?
[01:40:53.260 --> 01:40:54.260]  Oh, okay.
[01:40:54.260 --> 01:40:55.260]  That's different.
[01:40:55.260 --> 01:40:58.260]  You're suing based on statute.
[01:40:58.260 --> 01:40:59.260]  Yeah, yeah, the statute.
[01:40:59.260 --> 01:41:05.260]  The statute itself said that when they do that, that's a misdemeanor in conduct in office.
[01:41:05.260 --> 01:41:07.260]  Oh, that's wonderful.
[01:41:07.260 --> 01:41:10.260]  You've got some good law in Tennessee.
[01:41:10.260 --> 01:41:11.260]  What?
[01:41:11.260 --> 01:41:14.260]  I'm telling you, I don't know what they were thinking when they wrote this law.
[01:41:14.260 --> 01:41:18.260]  They really block everybody.
[01:41:18.260 --> 01:41:24.260]  Some politician probably got screwed around on a habeas corpus.
[01:41:24.260 --> 01:41:29.260]  They got screwed around on a habeas corpus and got this law passed.
[01:41:29.260 --> 01:41:32.260]  So now everybody gets to use it.
[01:41:32.260 --> 01:41:40.260]  Yeah, I'm figuring if I sue them twice, if I sue them twice, right, now I could sit up at night, go on a police site,
[01:41:40.260 --> 01:41:42.260]  watch whoever they lock up.
[01:41:42.260 --> 01:41:47.260]  All the misdemeanors, every misdemeanor that they lock people up for is illegal.
[01:41:47.260 --> 01:41:57.260]  Because in our statute, it says that a misdemeanor cannot be, you only serve time after you've been found guilty.
[01:41:57.260 --> 01:42:03.260]  So by them arresting you, you're serving time and fines.
[01:42:03.260 --> 01:42:10.260]  So arrest on a misdemeanor is automatically unlawful.
[01:42:10.260 --> 01:42:11.260]  Okay.
[01:42:11.260 --> 01:42:24.260]  Does the term misdemeanor mean a charge for which there is no period of imprisonment?
[01:42:24.260 --> 01:42:25.260]  Yes.
[01:42:25.260 --> 01:42:29.260]  Okay, because in Texas we have three levels of misdemeanor.
[01:42:29.260 --> 01:42:33.260]  We have a class C and that one there's no period of imprisonment.
[01:42:33.260 --> 01:42:41.260]  A B and C, a B and A, they have periods of confinement so they can be arrested on those.
[01:42:41.260 --> 01:42:45.260]  Yeah, I would have it too, but it reads it different.
[01:42:45.260 --> 01:42:55.260]  It reads that after being found guilty, no misdemeanor sanctions time.
[01:42:55.260 --> 01:43:03.260]  You cannot be no time or fines until after you become guilty.
[01:43:03.260 --> 01:43:13.260]  That's why another statute said that you cannot arrest for a misdemeanor.
[01:43:13.260 --> 01:43:15.260]  Now that is interesting.
[01:43:15.260 --> 01:43:16.260]  Yes.
[01:43:16.260 --> 01:43:23.260]  We have somewhat similar case law in Texas, but they changed it in 1965.
[01:43:23.260 --> 01:43:34.260]  It used to say that you could only arrest someone without a warrant for a felony or a breach of the peace.
[01:43:34.260 --> 01:43:41.260]  1965, they changed the statute to arrest anybody for anything, anytime you want to.
[01:43:41.260 --> 01:43:45.260]  And that turned Texas into a police state.
[01:43:45.260 --> 01:43:47.260]  One of the things we're trying to change.
[01:43:47.260 --> 01:43:49.260]  Hang on, about to go to break.
[01:43:49.260 --> 01:44:00.260]  Randy Kelton, we have a radio, we'll be right back.
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[01:46:01.260 --> 01:46:23.260]  Hello. Oh, man, she in jail. She got broken. Oh, man, I'm broken.
[01:46:23.260 --> 01:46:31.260]  Something in this world I will never understand. Something, I realize, foolish.
[01:46:31.260 --> 01:46:40.260]  Somebody's on a police, a policeman. Somebody's on a police, a bully.
[01:46:40.260 --> 01:46:52.260]  There's always a room at the top of the hill. I hear things are great, fine and it's lonely.
[01:46:52.260 --> 01:46:54.260]  Okay, we are back.
[01:46:54.260 --> 01:46:58.260]  Randy Kelton, Rule of Law Radio, and we're talking to Oliver in Tennessee.
[01:46:58.260 --> 01:47:05.260]  Oliver, I'd like to talk about this more, but can we do this tomorrow?
[01:47:05.260 --> 01:47:08.260]  A couple of segments. One segment.
[01:47:08.260 --> 01:47:10.260]  All right.
[01:47:10.260 --> 01:47:15.260]  Good. I'd like to go into this more depth tomorrow and more depth tomorrow night.
[01:47:15.260 --> 01:47:19.260]  Yeah, and I'll pull up all the statutes and everything because I just saw what you're talking about.
[01:47:19.260 --> 01:47:26.260]  I just looked up the grounds for arrest by statute and they got so many protecting things in there.
[01:47:26.260 --> 01:47:32.260]  It includes that it has to be a felony or the person has to be trying to commit suicide.
[01:47:32.260 --> 01:47:41.260]  And then at the end, all the way at the end, it says that only highway state patrol shall have the authority
[01:47:41.260 --> 01:47:49.260]  to stop a motor vehicle for the sole purpose of examining or checking the license of a driver of a vehicle.
[01:47:49.260 --> 01:47:59.260]  And I've been arrested six times by the Tarsier Police Department, stopping me, asking me for my ID,
[01:47:59.260 --> 01:48:02.260]  which they have no authority underneath this statute.
[01:48:02.260 --> 01:48:07.260]  It's specifically specified that they do not have authority to do that.
[01:48:07.260 --> 01:48:09.260]  Oh, wonderful.
[01:48:09.260 --> 01:48:11.260]  This is good.
[01:48:11.260 --> 01:48:13.260]  To practice the TCA code.
[01:48:13.260 --> 01:48:20.260]  They're not authorized to practice the TCA code on the community.
[01:48:20.260 --> 01:48:23.260]  Only Tennessee Highway Patrol is.
[01:48:23.260 --> 01:48:25.260]  I remember seeing that somewhere else.
[01:48:25.260 --> 01:48:31.260]  Then when I see this, now it kind of relates to why they would write this in here.
[01:48:31.260 --> 01:48:36.260]  They're telling you only highway state patrol could stop and see and say, hey, is your license valid?
[01:48:36.260 --> 01:48:43.260]  They have to have reasons, like it gives another section which gives them, like they have to have,
[01:48:43.260 --> 01:48:46.260]  there's things they have to have to do.
[01:48:46.260 --> 01:48:47.260]  Hold on, Olivia.
[01:48:47.260 --> 01:48:49.260]  Let's do this tomorrow night.
[01:48:49.260 --> 01:48:50.260]  I've got two more callers.
[01:48:50.260 --> 01:48:52.260]  I've only got about 10 minutes left.
[01:48:52.260 --> 01:48:56.260]  Tomorrow, all right.
[01:48:56.260 --> 01:48:57.260]  Call in tomorrow.
[01:48:57.260 --> 01:49:03.260]  I'd like to go over this in detail.
[01:49:03.260 --> 01:49:05.260]  Did I lose you?
[01:49:05.260 --> 01:49:06.260]  Okay, yeah, he dropped out.
[01:49:06.260 --> 01:49:07.260]  Okay.
[01:49:07.260 --> 01:49:09.260]  Now I'm going to go to Stephen in California.
[01:49:09.260 --> 01:49:11.260]  Hello, Stephen.
[01:49:11.260 --> 01:49:13.260]  Hi, Mr. Kelton.
[01:49:13.260 --> 01:49:19.260]  We talked last week, and I'm the guy that got those Florida cops' knuckles scraped up with my face.
[01:49:19.260 --> 01:49:27.260]  Then I, luckily, figuratively bitch-slept him with my hand according to their narrative.
[01:49:27.260 --> 01:49:33.260]  Well, you gave me some good advice, and it's pretty actionable, but I'm a little,
[01:49:33.260 --> 01:49:38.260]  I'm not dense, but I'll beg your pardon because I've got a lot on my plate,
[01:49:38.260 --> 01:49:45.260]  and my wife's facing deportation, and I'm facing about a decade in the slammer in Florida.
[01:49:45.260 --> 01:49:53.260]  I just want to ask you a question regarding these motions I can make at a local court in Florida,
[01:49:53.260 --> 01:49:57.260]  a higher court, or a federal court here in California.
[01:49:57.260 --> 01:50:03.260]  What am I to say, forget about having a lawyer help me with?
[01:50:03.260 --> 01:50:05.260]  Either of those kinds of actions?
[01:50:05.260 --> 01:50:08.260]  Are lawyers just going to bluff at that saying we don't make those calculations,
[01:50:08.260 --> 01:50:11.260]  we're not going to help you with anything in the federal court here in California
[01:50:11.260 --> 01:50:15.260]  if you've got something rolling with the active prosecution in Florida?
[01:50:15.260 --> 01:50:22.260]  Okay, if you have a court-appointed counsel,
[01:50:22.260 --> 01:50:30.260]  they're not required to move beyond the state of Florida.
[01:50:30.260 --> 01:50:41.260]  Generally, court-appointed counsel won't represent you in an appeal.
[01:50:41.260 --> 01:50:45.260]  If you file an appeal, then you can ask the court-appointed counsel,
[01:50:45.260 --> 01:50:57.260]  but that's on the key of the status here with the details in that regard.
[01:50:57.260 --> 01:51:04.260]  But your question was kind of involved, so I'm not sure exactly what you were asking.
[01:51:04.260 --> 01:51:09.260]  Do you want to proceed without this lawyer?
[01:51:09.260 --> 01:51:12.260]  Without my criminal lawyer?
[01:51:12.260 --> 01:51:13.260]  Yeah.
[01:51:13.260 --> 01:51:17.260]  That's all I have is a criminal lawyer in Florida that I retained.
[01:51:17.260 --> 01:51:19.260]  Oh, you retained?
[01:51:19.260 --> 01:51:21.260]  Yes, I did.
[01:51:21.260 --> 01:51:28.260]  Oh, he's bound. He can't get away from you.
[01:51:28.260 --> 01:51:32.260]  I want to bring Johnny Cochran in here locally to help me out in the federal court
[01:51:32.260 --> 01:51:35.260]  in San Francisco tonight.
[01:51:35.260 --> 01:51:39.260]  Say that again, you want to bring who locally?
[01:51:39.260 --> 01:51:41.260]  Johnny Cochran.
[01:51:41.260 --> 01:51:48.260]  I mean, it's politics, so I'm just thinking, okay, do I do this myself,
[01:51:48.260 --> 01:51:53.260]  pro se, or do I do part of it, pro se?
[01:51:53.260 --> 01:51:57.260]  Do I do the federal part, pro se, and do I do the local higher court in Florida
[01:51:57.260 --> 01:52:00.260]  with somebody that's a hard hitter, or do I do the hard hitter?
[01:52:00.260 --> 01:52:05.260]  I would want to use a lawyer in the Florida court.
[01:52:05.260 --> 01:52:07.260]  Okay.
[01:52:07.260 --> 01:52:12.260]  And you can initiate the federal suit in California yourself,
[01:52:12.260 --> 01:52:14.260]  but you have to do your homework.
[01:52:14.260 --> 01:52:17.260]  You have to make sure you have a good suit when you file it.
[01:52:17.260 --> 01:52:19.260]  Okay.
[01:52:19.260 --> 01:52:25.260]  And that's not as hard as it sounds because you can sign up for PACER
[01:52:25.260 --> 01:52:37.260]  and then do a search for similar cases where someone is out of state and is mistreated
[01:52:37.260 --> 01:52:40.260]  by the police out of state, and then they sue them to the fed,
[01:52:40.260 --> 01:52:44.260]  and find other cases that have been filed similar to yours.
[01:52:44.260 --> 01:52:51.260]  My primary skill as a paralegal is I am an accomplished plagiarist.
[01:52:51.260 --> 01:53:00.260]  If you are having to write arguments yourself, you haven't done enough homework.
[01:53:00.260 --> 01:53:05.260]  You need to find where a lawyer has written the argument for you.
[01:53:05.260 --> 01:53:08.260]  Okay.
[01:53:08.260 --> 01:53:10.260]  It's hard to find.
[01:53:10.260 --> 01:53:14.260]  Oh, yeah.
[01:53:14.260 --> 01:53:19.260]  The hardest thing is that first case on point.
[01:53:19.260 --> 01:53:26.260]  Once you find the first case on point, then you look in the case for the cases they cite,
[01:53:26.260 --> 01:53:30.260]  and that will lead you out to other similar cases.
[01:53:30.260 --> 01:53:33.260]  This is not as hard as it seems.
[01:53:33.260 --> 01:53:39.260]  The main work out are judges' orders.
[01:53:39.260 --> 01:53:44.260]  When a judge delivers an order, he tells both sides,
[01:53:44.260 --> 01:53:53.260]  this is what you asked for, this is what's wrong with it, this is what you should have done.
[01:53:53.260 --> 01:53:57.260]  And if you start reading the orders from similar cases,
[01:53:57.260 --> 01:54:05.260]  they'll tell you exactly how to adjudicate your case.
[01:54:05.260 --> 01:54:13.260]  So you could start it yourself, and then once you have all of the stuff in place,
[01:54:13.260 --> 01:54:16.260]  all the motions and the pleadings and the issues,
[01:54:16.260 --> 01:54:20.260]  then you can bring in a lawyer to adjudicate it.
[01:54:20.260 --> 01:54:26.260]  If you bring in a lawyer to start with, he's not going to want to file most of this.
[01:54:26.260 --> 01:54:27.260]  Right.
[01:54:27.260 --> 01:54:34.260]  But if he comes in after the fact, then he can step up before the court and say,
[01:54:34.260 --> 01:54:43.260]  Your Honor, my client says, and what that means is, don't blame me for this.
[01:54:43.260 --> 01:54:48.260]  My client is making me do this.
[01:54:48.260 --> 01:55:01.260]  His client has ordered him to do this, and he's telling the judge,
[01:55:01.260 --> 01:55:05.260]  don't get mad at me for this because my client beat me up if I don't.
[01:55:05.260 --> 01:55:10.260]  It gives your lawyer plausible deniability.
[01:55:10.260 --> 01:55:18.260]  But you want all of your issues in there first, and you can file it pro se and hire the lawyer later.
[01:55:18.260 --> 01:55:19.260]  Here in California.
[01:55:19.260 --> 01:55:23.260]  Now, regarding the plea and abatement at a higher court in Florida,
[01:55:23.260 --> 01:55:27.260]  will I have to get someone off the board, so to speak?
[01:55:27.260 --> 01:55:31.260]  Or do I have to converse with Dr. Graves?
[01:55:31.260 --> 01:55:32.260]  This is criminal.
[01:55:32.260 --> 01:55:33.260]  I don't know.
[01:55:33.260 --> 01:55:42.260]  I don't think the federal court has the power to abate a proceeding in the state of Florida.
[01:55:42.260 --> 01:55:48.260]  What you would have to do is file the plea and abatement in Florida, in the court,
[01:55:48.260 --> 01:55:55.260]  and notice the court that you have a federal claim against the actors,
[01:55:55.260 --> 01:55:59.260]  and ask the court to abate the criminal proceeding
[01:55:59.260 --> 01:56:06.260]  until the procedural due process issues can be addressed in the federal court.
[01:56:06.260 --> 01:56:13.260]  Because if you get a positive ruling on a procedural due process claim,
[01:56:13.260 --> 01:56:22.260]  then the officer or official who committed the claim would have vacated his office,
[01:56:22.260 --> 01:56:27.260]  and the criminal case would then be void.
[01:56:27.260 --> 01:56:30.260]  So in the interest of judicial economy,
[01:56:30.260 --> 01:56:36.260]  you ask the judge to abate the proceedings until the federal case can be heard,
[01:56:36.260 --> 01:56:40.260]  and you will find case law in that.
[01:56:40.260 --> 01:56:41.260]  Okay.
[01:56:41.260 --> 01:56:47.260]  Do you think I have a pretty good CRIM and CIV guy doing my criminal case,
[01:56:47.260 --> 01:56:52.260]  but he pretty much threw a tantrum when I mentioned something
[01:56:52.260 --> 01:56:59.260]  that I got from the better side of the legal minds,
[01:56:59.260 --> 01:57:03.260]  which came from Dr. Graves down there with Juris Dictionary.
[01:57:03.260 --> 01:57:05.260]  He gave me a little, two tips,
[01:57:05.260 --> 01:57:09.260]  and I came prematurely to my criminal lawyer
[01:57:09.260 --> 01:57:12.260]  and mentioned something about filings to the lawsuit,
[01:57:12.260 --> 01:57:17.260]  and said that that's bar banning.
[01:57:17.260 --> 01:57:18.260]  It would get crazy.
[01:57:18.260 --> 01:57:21.260]  I would never do that.
[01:57:21.260 --> 01:57:26.260]  You tell him, you will either do that or I will sue you,
[01:57:26.260 --> 01:57:34.260]  and if you try to get yourself removed from this case, I will stop you.
[01:57:34.260 --> 01:57:36.260]  He's in the case.
[01:57:36.260 --> 01:57:38.260]  He can't get out.
[01:57:38.260 --> 01:57:42.260]  Even if I ask him to do something on the civil side?
[01:57:42.260 --> 01:57:43.260]  Yeah.
[01:57:43.260 --> 01:57:46.260]  No, he doesn't have to do anything on the civil side
[01:57:46.260 --> 01:57:51.260]  unless he's already agreed to it.
[01:57:51.260 --> 01:57:54.260]  Unless he what?
[01:57:54.260 --> 01:57:58.260]  If you're asking him to do something on the civil side,
[01:57:58.260 --> 01:58:01.260]  if he's your criminal lawyer,
[01:58:01.260 --> 01:58:08.260]  he's not likely to be obligated on civil unless that's in his contract with you.
[01:58:08.260 --> 01:58:12.260]  You'd have to have a contract for that purpose.
[01:58:12.260 --> 01:58:14.260]  Okay.
[01:58:14.260 --> 01:58:16.260]  Okay, we are out of time.
[01:58:16.260 --> 01:58:19.260]  If we have more questions, call us back tomorrow night.
[01:58:19.260 --> 01:58:21.260]  We'll be here for four hours.
[01:58:21.260 --> 01:58:24.260]  Rodney, I'm sorry we didn't get to you,
[01:58:24.260 --> 01:58:28.260]  but if you'll call in tomorrow night, we will bump you to the top of the list.
[01:58:28.260 --> 01:58:31.260]  This is Randy Kelton, Deborah Stevens,
[01:58:31.260 --> 01:58:37.260]  and you are ready for our Info Marathon.
[01:58:37.260 --> 01:58:50.260]  Thank you all for listening, and good night.
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