[00:00.000 --> 00:05.500] The Bill of Rights contains the first ten amendments of our Constitution. [00:05.500 --> 00:09.500] They guarantee the specific freedoms Americans should know and protect. [00:09.500 --> 00:11.000] Our liberty depends on it. [00:11.000 --> 00:16.500] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights. [00:16.500 --> 00:18.500] Privacy is under attack. [00:18.500 --> 00:22.000] When you give up data about yourself, you'll never get it back again. [00:22.000 --> 00:27.000] And once your privacy is gone, you'll find your freedoms will start to vanish too. [00:27.000 --> 00:32.000] So protect your rights, say no to surveillance, and keep your information to yourself. [00:32.000 --> 00:34.500] Privacy. It's worth hanging on to. [00:34.500 --> 00:38.000] This public service announcement is brought to you by Startpage.com, [00:38.000 --> 00:42.000] the private search engine alternative to Google, Yahoo, and Bing. [00:42.000 --> 00:45.500] Start over with Startpage. [00:45.500 --> 00:50.500] Most of us know that taking the Fifth means you're choosing to remain silent about a criminal matter. [00:50.500 --> 00:55.000] It's a good way to remember that the Fifth Amendment spells out what can and can't happen to you [00:55.000 --> 00:57.000] when you're accused of a criminal offense. [00:57.000 --> 01:02.000] The Fifth guarantees due process, prohibits trying someone more than once for the same crime, [01:02.000 --> 01:04.000] and lets you keep your mouth shut. [01:04.000 --> 01:09.000] The Founding Fathers inserted these constitutional provisions to protect citizens from torture. [01:09.000 --> 01:13.500] Back in the day, governments often used painful methods to extract confessions. [01:13.500 --> 01:18.000] The Fifth Amendment also prohibits the government from taking your house and land without paying you for it. [01:18.000 --> 01:20.000] That used to happen a lot too. [01:20.000 --> 01:25.000] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:31.000 --> 01:35.000] The Bill of Rights contains the first ten amendments of our Constitution. [01:35.000 --> 01:39.000] They guarantee the specific freedoms Americans should know and protect. [01:39.000 --> 01:41.000] Our liberty depends on it. [01:41.000 --> 01:47.000] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights. [01:47.000 --> 01:52.000] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [01:52.000 --> 01:57.000] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:57.000 --> 02:02.000] So protect your rights. Say no to surveillance and keep your information to yourself. [02:02.000 --> 02:05.000] Privacy. It's worth hanging on to. [02:05.000 --> 02:08.000] This public service announcement is brought to you by StartPage.com, [02:08.000 --> 02:12.000] the private search engine alternative to Google, Yahoo, and Bing. [02:12.000 --> 02:15.000] Start over with StartPage. [02:15.000 --> 02:19.000] The number 666 reminds me of evil. [02:19.000 --> 02:24.000] I also associate it with the sick feeling one might get when falsely accused of a heinous crime [02:24.000 --> 02:28.000] or when thinking about sickos who actually do commit acts of murder and mayhem. [02:28.000 --> 02:32.000] Either way, the number 666 can help you remember that the Sixth Amendment [02:32.000 --> 02:37.000] deals with the constitutionally guaranteed rights Americans have in a criminal trial. [02:37.000 --> 02:41.000] Those include the right to a speedy public trial, the right to an impartial jury, [02:41.000 --> 02:45.000] the right to full information about the charges, the right to an attorney, [02:45.000 --> 02:48.000] and the right to confront any witnesses face to face. [02:48.000 --> 02:52.000] 666, sick, sickos, and the Sixth Amendment. Get it? [02:52.000 --> 03:12.000] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [03:22.000 --> 03:27.000] What you gonna do? [03:27.000 --> 03:30.000] Bad boys, bad boys, what you gonna do? [03:30.000 --> 03:32.000] What you gonna do when they come for you? [03:32.000 --> 03:35.000] Bad boys, bad boys, what you gonna do? [03:35.000 --> 03:38.000] What you gonna do when they come for you? [03:38.000 --> 03:41.000] When you were eight and you had bad traits, [03:41.000 --> 03:43.000] you'd go to school and learn the golden rule. [03:43.000 --> 03:46.000] So why are you acting like a bloody fool? [03:46.000 --> 03:49.000] And if you get hot, then you must get cool. [03:49.000 --> 03:52.000] Bad boys, bad boys, What you gonna do? [03:52.000 --> 03:54.000] What you gonna do when they come for you? [03:54.000 --> 03:57.000] Bad boys, bad boys, what you gonna do? [03:57.000 --> 04:00.000] What you gonna do when they come for you? [04:00.000 --> 04:03.000] You chuck it on that one, you chuck it on this one. [04:03.000 --> 04:05.000] You chuck it on your mother and you chuck it on your father. [04:05.000 --> 04:09.000] You chuck it on your brother and you chuck it on your siblings. [04:09.000 --> 04:11.000] You chuck it on that one and you chuck it on me. [04:11.000 --> 04:14.000] Bad boys, bad boys, what you gonna do? [04:14.000 --> 04:16.000] What you gonna do when they come for you? [04:16.000 --> 04:19.240] Bad Boys Bad Boys What you going to do? [04:19.240 --> 04:21.520] What you going to do when they come for you? [04:21.520 --> 04:24.840] Bad Boys Bad Boys What you going to do? [04:24.840 --> 04:27.240] What you going to do when they come for you? [04:27.240 --> 04:30.160] Bad Boys Bad Boys Well, what you going to do? [04:30.160 --> 04:32.500] What you going to do when they come for you? [04:32.540 --> 04:35.480] Nobody now give you no break. [04:35.480 --> 04:37.780] Police now give you no break. [04:37.780 --> 04:40.200] Now loved soldiers want to give you no break. [04:40.200 --> 04:43.780] Now the poofs in your eyes are now giving you no break. [04:43.780 --> 04:48.040] Bad Boys, Bad Boys, Whatcha Gonna do? Whatcha gonna do when they come for you? [04:49.160 --> 04:53.040] Bad Boys, Bad Boys, Whatcha gonna do? Whatcha gonna do when they come for you? [04:57.260 --> 05:00.580] Bad Boys, Bad Boys, Whatcha gonna do when they come for you? [05:00.580 --> 05:06.580] Bad boys, bad boys, what you gonna do? What you gonna do when it's up for you? [05:06.580 --> 05:13.580] Bad boys, bad boys, what you gonna do? What you gonna do when it's up for you? [05:27.580 --> 05:32.580] Why did you have to ask someone new? Don't you know you're a human being? [05:32.580 --> 05:37.580] Born of a mother, with a lover, with a father. Reflection, truth and reflection goes. [05:37.580 --> 05:48.580] I know sometimes, you wanna let go. Hey, hey, hey, I know sometimes, you wanna let go. [05:48.580 --> 06:03.580] Bad boys, bad boys, what you gonna do? What you gonna do when it's up for you? [06:19.580 --> 06:23.580] What's going on with your ticket issue, Brett? [06:23.580 --> 06:35.580] My ticket? Well, let's see. I've had two pretrials. The first pretrial, the accuser wasn't ready. [06:35.580 --> 06:42.580] And well, I think he honestly didn't even know what a pretrial was for. I think he honestly thought pretrial meant arraignment. [06:42.580 --> 06:48.580] He kept on harping on that, and I really think he didn't know any better. [06:48.580 --> 06:53.580] Did you remind him of 26.01? [06:53.580 --> 07:02.580] Yeah, about two. And even by the time we got to the second pretrial, he seemed to realize that. [07:02.580 --> 07:13.580] But he didn't realize that 26.03 says that they can't have an arraignment, which is for hearing the accused's plea. [07:13.580 --> 07:23.580] They can't have an arraignment until the indictment has been served on the accused. That's what it specifically says. [07:23.580 --> 07:31.580] And the accused gets two days to chew on it. So then they can have an arraignment. [07:31.580 --> 07:34.580] I bet that jerk did not in his shorts. [07:34.580 --> 07:38.580] Oh, my goodness. Well, I'm hoping to jerk a whole lot of nots. [07:38.580 --> 07:45.580] I took everything from I'm making notes here of all the different things that he did wrong. [07:45.580 --> 07:55.580] And it's overwhelming. So I just decided I'm just going to narrow it down to what was in the first pretrial [07:55.580 --> 08:02.580] and only deal with the issues that are really, really easy to prove. [08:02.580 --> 08:18.580] Like he said, I'm not getting ready. He said that my insistence on due process, he says, well, Judge, that's just ludicrous. [08:18.580 --> 08:25.580] He was trying to convince the judge that subject matter jurisdiction only applies in civil matters. [08:25.580 --> 08:34.580] And he was also trying to make sure that the judge understands that the personal jurisdiction and for some, that's only for civil matters. [08:34.580 --> 08:41.580] He's throwing around all these phrases and these. [08:41.580 --> 08:49.580] So he those are going to be obviously really easy to to put out there and say, here's what he said. [08:49.580 --> 08:56.580] You figure out for yourself and see how the higher courts want to look at that [08:56.580 --> 09:02.580] and how they want to draw their conclusions about his competence. [09:02.580 --> 09:11.580] You might ask for a Doberts here on him. Oh, my. [09:11.580 --> 09:15.580] I do have the phone lines on. So if you have a question or comment, give us a call. [09:15.580 --> 09:20.580] Five, one, two, six, four, six. Nineteen eighty four. [09:20.580 --> 09:27.580] OK, Brett. So have you listed out a set of bar grievances for him? [09:27.580 --> 09:33.580] I've got bar grievances. I'm waiting right now. I can't hit him with another one yet. [09:33.580 --> 09:38.580] I've got my little calendar to tell me how many days before I can do this or that. [09:38.580 --> 09:42.580] And I'm waiting to hit him with another one. I got two of them stacked up at once. [09:42.580 --> 09:45.580] And I know that might just combine them together. [09:45.580 --> 09:50.580] But I'm going to start out strong and just go ahead and slap him with two hands at once. [09:50.580 --> 09:53.580] You probably have enough that it won't matter. [09:53.580 --> 09:57.580] Yeah, that's right. They'll be in the queue for a while. [09:57.580 --> 10:06.580] And I already wrote up some criminal complaints and and I did state and federal criminal complaints. [10:06.580 --> 10:09.580] And right now I'm writing up a lawsuit, a federal lawsuit. [10:09.580 --> 10:19.580] Guess what, Randy? He this guy, Cliff Thomas, he has been acting like he's the district attorney [10:19.580 --> 10:24.580] or acting with the authority of an elected or appointed district attorney. [10:24.580 --> 10:36.580] And all the people up there at the office, the the district attorney's office, they don't know who he is. [10:36.580 --> 10:48.580] I finally talked to one person who says, oh, yeah, he does some contract work for us sometimes. [10:48.580 --> 10:53.580] So they threw him they threw him under your bus. [10:53.580 --> 10:56.580] Yes, exactly. And they're just about to do it. [10:56.580 --> 11:07.580] They're just about to roll over it because I'm writing the lawsuit, the federal lawsuit with him and the DA's office and the DA. [11:07.580 --> 11:11.580] Wait a minute, you're saying DA. District attorney. [11:11.580 --> 11:14.580] Yeah, you're not mixing that up with municipal attorney. [11:14.580 --> 11:19.580] Clearly. What does the DA have to do with the traffic ticket? [11:19.580 --> 11:23.580] Well, it's because this was not inside of city limits. [11:23.580 --> 11:26.580] This was outside in the county. [11:26.580 --> 11:30.580] And so there's no county attorney. [11:30.580 --> 11:33.580] This is the district attorney handles it. [11:33.580 --> 11:41.580] OK, so you're in a county without an attorney, a county attorney like I think Fort Worth doesn't have one. [11:41.580 --> 11:46.580] Don't Dallas does Dallas have it? I don't think Dallas does either. [11:46.580 --> 11:50.580] Yeah, there are only a handful of them. I don't know. [11:50.580 --> 11:55.580] Dallas is they generally do this criminal district attorney thing when they combine them, right? [11:55.580 --> 11:56.580] Yeah. [11:56.580 --> 12:03.580] Because then by the time they're that big, then they're separating out into a district attorney and criminal district attorney. [12:03.580 --> 12:12.580] Well, anyway, district and county attorney, but not all counties have county attorneys. [12:12.580 --> 12:16.580] And when they don't, then this is even better. [12:16.580 --> 12:25.580] Yeah. And it just so happens that I've already reported this district attorney and several of the people that work in that office have already reported their crimes [12:25.580 --> 12:28.580] and they've been skated all the way up to the Texas Supreme before. [12:28.580 --> 12:34.580] So for it to they definitely threw this guy under your bus. [12:34.580 --> 12:46.580] Well, the lawsuit that I'm writing right now has this this liar, this perjurer and barritter and fraudster. [12:46.580 --> 12:55.580] He's one defendant. We get the DA's office is the second defendant and the the third defendant is the DA. [12:55.580 --> 12:59.580] And I'm writing it in a way that it's very loosely connected. [12:59.580 --> 13:09.580] And the DA's office and the DA can get off scot free if all they do is confirm that he was just a mere tortfeasor and he's not working for us. [13:09.580 --> 13:15.580] All they got to do is throw his behind under your bus. [13:15.580 --> 13:26.580] You know, this sounds like they did that to start with. They they brought in a contractor so they wouldn't get their own people hammered a second time. [13:26.580 --> 13:35.580] Yeah. And in fact, I in the courtroom right there in open court, I said, you know, I don't even know why they why they bring him. [13:35.580 --> 13:38.580] It's like somebody they wanted him to be in trouble instead of them or something. [13:38.580 --> 13:50.580] I don't know, Your Honor, but. So the judge probably knows who you are and what your history is by now. [13:50.580 --> 13:57.580] Yeah, it could be. This is just the JP. JP doesn't really seem to know anything, doesn't have to know which way is up. [13:57.580 --> 14:01.580] Oh, wonderful. Your lawsuit. Your lawsuit. [14:01.580 --> 14:09.580] Make it big, big, big, big and sue Texas State University. What? [14:09.580 --> 14:14.580] They're the ones that trained the JP. Oh, I got you. [14:14.580 --> 14:20.580] They trained him to do it wrong and they don't have any immunity. [14:20.580 --> 14:24.580] They are low hanging fruit. [14:24.580 --> 14:34.580] I'm designing my own. I'm adding them to my $400 billion suit. I'm adding them to it. Nice. [14:34.580 --> 14:40.580] Everybody else can claim immunity and the judges are granted immunity out of hand. [14:40.580 --> 14:47.580] But this Texas State University don't get it. There is no way they can get to immunity. [14:47.580 --> 14:56.580] I've got deep pockets. Well, I'm seeing a first time caller on our board here. [14:56.580 --> 15:02.580] Looks like the whole board is filled up. We want to go ahead with that. [15:02.580 --> 15:07.580] Absolutely. I'll sit back here and critique your work. [15:07.580 --> 15:14.580] I am senior. Tell me the wrong date. [15:14.580 --> 15:18.580] I told you the right one. You don't believe me anymore. [15:18.580 --> 15:21.580] But you knew I wouldn't trust you. [15:21.580 --> 15:27.580] All right. So we've got a first time caller here. It looks like from the 760 area code. [15:27.580 --> 15:32.580] You're calling in from 760. Give us a first name and a state. [15:32.580 --> 15:39.580] 760 is San Diego, I think. Yes, it is. Can you guys hear me? Yes. [15:39.580 --> 15:44.580] Oh, terrific. Hi, Brett. Hi there, Randy. Good to talk to both of you. [15:44.580 --> 15:52.580] My name is Richard, and I'm in California, and you're correct, Randy, San Diego area in North County. [15:52.580 --> 15:59.580] Yeah, I spent some time in San Diego. I spent two weeks out there on the beach, [15:59.580 --> 16:08.580] and I could not catch a single bikini. It was tough. [16:08.580 --> 16:13.580] Man, they run fast. [16:13.580 --> 16:16.580] You were on the wrong beach. That would be Mission Beach. [16:16.580 --> 16:19.580] All the other family beaches are north of there. [16:19.580 --> 16:24.580] Oh, okay. [16:24.580 --> 16:27.580] Okay, what do you have for us today? [16:27.580 --> 16:35.580] Oh, I have some – well, first of all, I have my goal, which I want to tell you guys about, which is to – [16:35.580 --> 16:40.580] Oh, well. Oh, well. Your time's up. You just blew it. [16:40.580 --> 16:44.580] Oh, no. I got – I'm using Cliff now, darn it. [16:44.580 --> 16:50.580] Okay, hang on, Randy Shelton, Brett Fountain, we have a lot of radio. [16:50.580 --> 16:53.580] I'm not going to have to call your number. We've got a full call board. [16:53.580 --> 16:56.580] But when we come back, you're going to tell us about your goal. [16:56.580 --> 17:00.580] Okay, great. Thank you. [17:00.580 --> 17:06.580] With advances in technology, our lives have greatly improved, except in the area of nutrition. [17:06.580 --> 17:11.580] People feed their pets better than they feed themselves, and it's time we changed all that. [17:11.580 --> 17:17.580] Our primary defense against aging and disease in this toxic environment is good nutrition. [17:17.580 --> 17:22.580] In a world where natural foods have been irradiated, adulterated, and mutilated, [17:22.580 --> 17:25.580] young Jevity can provide the nutrients you need. [17:25.580 --> 17:29.580] Logos Radio Network gets many requests to endorse all sorts of products, [17:29.580 --> 17:33.580] most of which we reject. We have come to trust young Jevity so much, [17:33.580 --> 17:39.580] we became a marketing distributor along with Alex Jones, Ben Fuchs, and many others. [17:39.580 --> 17:46.580] When you order from LogosRadioNetwork.com, your health will improve as you help support quality radio. [17:46.580 --> 17:51.580] As you realize the benefits of young Jevity, you may want to join us. [17:51.580 --> 17:58.580] As a distributor, you can experience improved health, help your friends and family, and increase your income. [17:58.580 --> 18:00.580] Order now. [18:28.580 --> 18:31.580] Go verse by verse and discuss the true Gospel message. [18:31.580 --> 18:38.580] Our second hour topical studies will vary each week with discussions on sound doctrine and Christian character development. [18:38.580 --> 18:43.580] We wish to reflect God's light and be a blessing to all those with a hearing ear. [18:43.580 --> 18:49.580] Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus. [18:49.580 --> 18:55.580] So tune in to Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. [18:55.580 --> 18:59.580] to inspire and motivate your studies of the Scriptures. [19:26.580 --> 19:29.580] Okay. [19:29.580 --> 19:30.580] We are back. [19:30.580 --> 19:33.580] Randy Kelton, Brett Fountain, we are ready to go. [19:33.580 --> 19:39.580] We're talking to Richard in California. [19:39.580 --> 19:40.580] Okay, Richard. [19:40.580 --> 19:45.580] You were going to tell us about your goal. [19:45.580 --> 19:46.580] Okay. [19:46.580 --> 19:48.580] And I want to be sure if there's a delay, let me know. [19:48.580 --> 19:51.580] I don't mean to speak over you. [19:51.580 --> 19:53.580] Oh, you can't do that. [19:53.580 --> 19:57.580] We have suppressors on that will push your voice down under me. [19:57.580 --> 19:58.580] Yeah, no worries. [19:58.580 --> 20:01.580] But the delay is really short when you're on the phone. [20:01.580 --> 20:02.580] Tiny. [20:02.580 --> 20:03.580] Okay, great. [20:03.580 --> 20:04.580] Thank you. [20:04.580 --> 20:10.580] We can control the vertical and we control the horizontal. [20:10.580 --> 20:14.580] You have to be old to get that one. [20:14.580 --> 20:17.580] Okay. [20:17.580 --> 20:19.580] Well, I hope to catch up with you there one day. [20:19.580 --> 20:21.580] That sounds pretty terrific. [20:21.580 --> 20:25.580] So my goal, Randy and Brett, is to terminate the actions of a state agency [20:25.580 --> 20:29.580] and to prep them for a good lawsuit. [20:29.580 --> 20:34.580] Terminate the actions of a state agency. [20:34.580 --> 20:36.580] That's an interesting phrase. [20:36.580 --> 20:39.580] Can you elucidate? [20:39.580 --> 20:40.580] Sure. [20:40.580 --> 20:44.580] The state agency is the Department of Real Estate for California [20:44.580 --> 20:47.580] or the California Department of Real Estate. [20:47.580 --> 20:52.580] You know, when you guys talk about the incompetence of government, [20:52.580 --> 20:58.580] I am shocked, especially when you hear my story. [20:58.580 --> 21:03.580] So my wife and I have a brokerage, [21:03.580 --> 21:10.580] and we have had a very successful and very consistently good brokerage, [21:10.580 --> 21:12.580] never had any problems, never had any complaints, anything. [21:12.580 --> 21:18.580] And out of the blue one day, we were told that there was a complaint against us. [21:18.580 --> 21:21.580] So I will give you the details if you want me to, [21:21.580 --> 21:25.580] but I've got specific questions that I'd like to ask first. [21:25.580 --> 21:29.580] And if you want anything more, is that elucidated enough for you [21:29.580 --> 21:32.580] to tell you who the agency is and who you are? [21:32.580 --> 21:33.580] Yes. [21:33.580 --> 21:36.580] Yeah, I just needed kind of the context in which all this is going on. [21:36.580 --> 21:39.580] So, yeah, go ahead and ask us the questions. [21:39.580 --> 21:46.580] Yeah, I wanted to ask, number one, do I forfeit any of my, you know, [21:46.580 --> 21:55.580] constitutional rights or proper due process of service as a licensee under the – [21:55.580 --> 21:59.580] or, you know, a license issued by the state? [21:59.580 --> 22:01.580] Okay, I'm going to say that. [22:01.580 --> 22:10.580] Any covenant of a constitution – I'm sorry – any covenant of a contract [22:10.580 --> 22:18.580] as a licensee that denies you in full and free access to or enjoyment of right [22:18.580 --> 22:20.580] is unconscionable. [22:20.580 --> 22:24.580] Unconscionable means unenforceable. [22:24.580 --> 22:26.580] Yes, okay, got it. [22:26.580 --> 22:28.580] Yeah, all right, thank you. [22:28.580 --> 22:30.580] That answers my question. [22:30.580 --> 22:34.580] I just wanted to make sure because, you know, it's so blurry. [22:34.580 --> 22:41.580] The second question that I have is can a claimant, processor, [22:41.580 --> 22:47.580] and prosecutor be employed by the same organization, in this case the DRE? [22:47.580 --> 22:52.580] What they brought forth is like this whole theatrical act. [22:52.580 --> 22:58.580] I mean, better than any Ringling Brothers circus I've ever seen. [22:58.580 --> 23:00.580] Wait a minute, you need to say that again. [23:00.580 --> 23:02.580] An act. [23:02.580 --> 23:04.580] You're saying they're doing theater. [23:04.580 --> 23:05.580] Yeah. [23:05.580 --> 23:06.580] No, who did that? [23:06.580 --> 23:09.580] I'm telling you, Brett, it's like I feel like I'm witnessing [23:09.580 --> 23:13.580] or I'm being drawn into a theatrical performance. [23:13.580 --> 23:15.580] It is, it always is. [23:15.580 --> 23:17.580] The claimant is – [23:17.580 --> 23:25.580] The name of it is song and dance and seltzer down your pants. [23:25.580 --> 23:32.580] They do whatever they want to, and they assume that you won't figure it out. [23:32.580 --> 23:35.580] They just don't get it when you come straight at them. [23:35.580 --> 23:37.580] I have you guys to thank for that. [23:37.580 --> 23:40.580] I mean, really, that you guys have been on this, [23:40.580 --> 23:44.580] and it wasn't until I started this journey that I stumbled onto you, [23:44.580 --> 23:49.580] and then I've just come to realize you guys are categorically correct in so many ways. [23:49.580 --> 23:52.580] And now I want to join your forces, but in the meantime, [23:52.580 --> 23:56.580] I think we've pretty much gotten rid of these – not gotten rid of them, [23:56.580 --> 24:00.580] but in any way, they have – the claimant is a person that works [24:00.580 --> 24:03.580] within the Department of Real Estate that I've never met. [24:03.580 --> 24:08.580] The processor is – we've never been given – [24:08.580 --> 24:10.580] Okay, hold on. [24:10.580 --> 24:14.580] What is a processor in this regard? [24:14.580 --> 24:17.580] Service of process. [24:17.580 --> 24:19.580] So you're talking process server? [24:19.580 --> 24:22.580] I can give you a process server? [24:22.580 --> 24:23.580] Yeah, okay. [24:23.580 --> 24:25.580] I thought processor meant something else. [24:25.580 --> 24:26.580] Okay. [24:26.580 --> 24:28.580] Okay, so process server would be better. [24:28.580 --> 24:29.580] Okay, got it. [24:29.580 --> 24:30.580] I'm using the wrong terminology. [24:30.580 --> 24:31.580] Thank you. [24:31.580 --> 24:33.580] Process server. [24:33.580 --> 24:38.580] Okay, so they claim that they have a process server that has given us – [24:38.580 --> 24:42.580] given us proper process by sending us things in the mail, [24:42.580 --> 24:48.580] which you and I know that doesn't meet the standard. [24:48.580 --> 24:50.580] And then the process – [24:50.580 --> 24:51.580] Okay, hold on. [24:51.580 --> 24:53.580] Step back a second. [24:53.580 --> 24:56.580] What is the law in California? [24:56.580 --> 24:58.580] Yeah, because it depends. [24:58.580 --> 25:03.580] In Texas, an original action must be served. [25:03.580 --> 25:05.580] It can't be done through the mail. [25:05.580 --> 25:10.580] But after that, anything else can be done through the mail. [25:10.580 --> 25:11.580] Okay. [25:11.580 --> 25:15.580] Well, this kind of – this is what makes it a little bit confusing for me [25:15.580 --> 25:18.580] when I'm asking these questions. [25:18.580 --> 25:24.580] Okay, so I am licensed under the Department of Real Estate. [25:24.580 --> 25:30.580] And the Department of Real Estate is an agency with the state. [25:30.580 --> 25:38.580] They are using what they call the Office of Administrative Hearings, [25:38.580 --> 25:45.580] which is another agent of this giant entity called the California [25:45.580 --> 25:50.580] Department of Governmental Services. [25:50.580 --> 25:52.580] It's all admin. [25:52.580 --> 25:55.580] So this is not a criminal situation. [25:55.580 --> 25:58.580] It's all administrative, right? [25:58.580 --> 26:06.580] You know, there's one important consideration of that is if this is all administrative, [26:06.580 --> 26:10.580] nobody has any immunity. [26:10.580 --> 26:11.580] Oh, that's such good news. [26:11.580 --> 26:14.580] Thank you. [26:14.580 --> 26:16.580] Yes, I've gathered that. [26:16.580 --> 26:18.580] They're so incompetent. [26:18.580 --> 26:19.580] It's unbelievable. [26:19.580 --> 26:24.580] And, you know, I've literally been listening to you guys almost on a religious basis here. [26:24.580 --> 26:26.580] And so what you guys have – [26:26.580 --> 26:35.580] Oh, you've been listening to us preaching the gospel according to Randy. [26:35.580 --> 26:38.580] But it is good news, gospel means good news. [26:38.580 --> 26:40.580] So yes, you are delivering good news. [26:40.580 --> 26:44.580] And not only that, you guys should also deliver strength and encouragement [26:44.580 --> 26:46.580] in a really profound way. [26:46.580 --> 26:49.580] So I'm really appreciative for both of you. [26:49.580 --> 26:51.580] In any event, what I wanted to ask you was – [26:51.580 --> 26:58.580] okay, so all of these actors within the Department of Real Estate claim these roles of the claimant [26:58.580 --> 27:05.580] in the process server as well as the prosecutor, which is a bar-licensed attorney, okay? [27:05.580 --> 27:06.580] And I've already grieved them. [27:06.580 --> 27:07.580] I've done that part of it. [27:07.580 --> 27:12.580] But I'm trying to figure out this next step, which is you say everything that we are doing [27:12.580 --> 27:17.580] is to prepare for the next level, you know, the appellate level. [27:17.580 --> 27:18.580] Right. [27:18.580 --> 27:21.580] You are only setting the record for appeal. [27:21.580 --> 27:24.580] So you don't care what these guys do. [27:24.580 --> 27:28.580] The more they screw up, the better. [27:28.580 --> 27:29.580] Yes. [27:29.580 --> 27:30.580] Yes. [27:30.580 --> 27:31.580] Yes, I agree with you. [27:31.580 --> 27:32.580] Yes. [27:32.580 --> 27:33.580] Thank you. [27:33.580 --> 27:34.580] So here's what's happened, though. [27:34.580 --> 27:35.580] They didn't show up. [27:35.580 --> 27:40.580] So we were scheduled for September 29th and 30th to have – and by the way, they have [27:40.580 --> 27:45.580] – and by the way, in California, all administrative hearings are virtual. [27:45.580 --> 27:47.580] You cannot go in and see them. [27:47.580 --> 27:50.580] You cannot go in and see them face to face. [27:50.580 --> 27:53.580] And it is a band-aid that's come down from somewhere. [27:53.580 --> 27:58.580] So we had to wait on the phone for them to answer. [27:58.580 --> 28:00.580] So two days in a row we waited. [28:00.580 --> 28:01.580] They never showed up. [28:01.580 --> 28:05.580] So my next step was to – and thank you. [28:05.580 --> 28:14.580] I think it was Brett who gave me the advice of filing a motion to dismiss and an exception [28:14.580 --> 28:17.580] to judicial abdication, both of those. [28:17.580 --> 28:24.580] And what – so what I have done was I am putting together the motion to dismiss, but [28:24.580 --> 28:28.580] I'm trying to figure out where this is all going because when I called their office, [28:28.580 --> 28:30.580] they don't have clerks. [28:30.580 --> 28:35.580] They only have staff. [28:35.580 --> 28:37.580] It's okay. [28:37.580 --> 28:40.580] You file with the office. [28:40.580 --> 28:44.580] If you catch the janitor, file it with the janitor. [28:44.580 --> 28:45.580] Yes, exactly. [28:45.580 --> 28:49.580] If it's filed with the office, it is filed. [28:49.580 --> 28:53.580] It's like here when we gave file information requests. [28:53.580 --> 28:55.580] Oh, well, I'm not the right person. [28:55.580 --> 28:57.580] You'll have to take it. [28:57.580 --> 28:58.580] No, no, no. [28:58.580 --> 29:04.580] I'm going to give it to you, and you have to get it to the right person. [29:04.580 --> 29:06.580] Well, I don't have anything to do with it. [29:06.580 --> 29:10.580] You do now because that's what the code says. [29:10.580 --> 29:20.580] And it would be unreasonable for an agency to be able to restrict your ability to file [29:20.580 --> 29:28.580] documents with the agency by naming a specific person who may or may not be available. [29:28.580 --> 29:38.580] You start with the agency or send it to the director of the agency and do whatever he wants to. [29:38.580 --> 29:39.580] Okay. [29:39.580 --> 29:42.580] Yeah, so on that note, so there is a way to do it. [29:42.580 --> 29:45.580] They only want us to do it electronically, but I wanted to go. [29:45.580 --> 29:48.580] But like you said, I will do that, not a problem. [29:48.580 --> 29:54.580] Okay, but you can't do it if you dive off the cliff. [29:54.580 --> 30:00.580] Hang on, Randy Kelton, Brett Fountain, we'll be right back. [30:00.580 --> 30:05.580] Businesses ask you for a lot of personal information, and you may trust them to keep it safe. [30:05.580 --> 30:10.580] But it turns out that even the most trusted companies may be unwittingly revealing your secrets. [30:10.580 --> 30:14.580] I'm Dr. Catherine Albrecht, and I'll be right back with details. [30:14.580 --> 30:16.580] Privacy is under attack. [30:16.580 --> 30:20.580] When you give up data about yourself, you'll never get it back again. [30:20.580 --> 30:25.580] And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:25.580 --> 30:30.580] So protect your rights, say no to surveillance, and keep your information to yourself. [30:30.580 --> 30:32.580] Privacy, it's worth hanging on to. [30:32.580 --> 30:36.580] This public service announcement is brought to you by StartPage.com, [30:36.580 --> 30:40.580] the private search engine alternative to Google, Yahoo, and Bing. [30:40.580 --> 30:43.580] Start over with StartPage. [30:43.580 --> 30:50.580] Data privacy is a big deal, so nearly every company has a policy explaining how they handle your personal information. [30:50.580 --> 30:53.580] But what happens if it escapes their control? [30:53.580 --> 30:54.580] It's not an idle question. [30:54.580 --> 31:03.580] According to a recent survey, a shocking 90% of U.S. companies admit their security was breached by hackers in the last year. [31:03.580 --> 31:07.580] That's one more reason you should trust your searches to StartPage.com. [31:07.580 --> 31:11.580] Unlike other search engines, StartPage doesn't store any data on you. [31:11.580 --> 31:15.580] They've never been hacked, but even if they were, there would be nothing for criminals to see. [31:15.580 --> 31:17.580] The cupboard would be bare. [31:17.580 --> 31:20.580] Too bad other companies don't treat your data the same way. [31:20.580 --> 31:25.580] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [31:50.580 --> 31:52.580] I believe there is more to the story. [31:52.580 --> 31:55.580] Bring justice to my son, my uncle, my nephew, my son. [31:55.580 --> 31:57.580] Go to buildingwatch.org. [31:57.580 --> 32:01.580] Why it's held, why it matters, and what you can do. [32:01.580 --> 32:04.580] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [32:04.580 --> 32:07.580] In today's America, we live in an us-against-them society. [32:07.580 --> 32:12.580] And if we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights. [32:12.580 --> 32:16.580] Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, [32:16.580 --> 32:19.580] and most importantly, the right to due process of law. [32:19.580 --> 32:25.580] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process. 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[32:59.580 --> 33:04.580] Live, free speech radio, logosradionetwork.com. [33:29.580 --> 33:30.580] We are back. [33:30.580 --> 33:33.580] Randy Kelton with Rule of Law Radio. [33:33.580 --> 33:35.580] We're talking to Richard in California. [33:35.580 --> 33:40.580] And you were going to do something. [33:40.580 --> 33:41.580] Yeah. [33:41.580 --> 33:43.580] Well, real quick, I'm in Carlsbad. [33:43.580 --> 33:45.580] If that makes any difference, if that helps your database. [33:45.580 --> 33:53.580] Oh, the last time I was up there, I helped a guy file a suit on foreclosure. [33:53.580 --> 33:56.580] And he was in Carlsbad. [33:56.580 --> 34:01.580] We kept him in court for seven years on a two-page lawsuit. [34:01.580 --> 34:04.580] We said, who the heck are you? [34:04.580 --> 34:10.580] Wells Fargo was the lender, the servicer, and Wells Fargo was doing the foreclosure. [34:10.580 --> 34:12.580] And we said, who the heck are you? [34:12.580 --> 34:18.580] We never entered into a contract with you, never entered into a contract with your principal. [34:18.580 --> 34:20.580] Prove it up. [34:20.580 --> 34:24.580] Seven years later, the Supreme denied my cert. [34:24.580 --> 34:28.580] And, man, that was a good cert. [34:28.580 --> 34:37.580] His property in the meantime went from $350,000 to he sold it for $895,000. [34:37.580 --> 34:44.580] Paid the bank off, went to Phoenix, Arizona, and bought another house with what he had left over, [34:44.580 --> 34:47.580] paid for the whole thing, and left all the way to the bank. [34:47.580 --> 34:48.580] Okay. [34:48.580 --> 34:49.580] Carlsbad. [34:49.580 --> 34:51.580] What a wonderful story. [34:51.580 --> 34:54.580] Again, you're so encouraging. It's really good to know. [34:54.580 --> 34:59.580] $800,000 today will get you very little out here, unfortunately. [34:59.580 --> 35:00.580] It's terrible. [35:00.580 --> 35:01.580] But anyway, that's a market condition. [35:01.580 --> 35:02.580] It doesn't really matter. [35:02.580 --> 35:03.580] That's all good. [35:03.580 --> 35:05.580] Hey, as you know, that's going to change. [35:05.580 --> 35:07.580] We have a wave coming forward. [35:07.580 --> 35:12.580] So your foreclosure business is going to be very busy in the coming years. [35:12.580 --> 35:15.580] I just want to clarify. [35:15.580 --> 35:16.580] Yeah, I wanted to just clarify. [35:16.580 --> 35:20.580] So if the claimant, the process server, and the prosecutor, everybody, [35:20.580 --> 35:26.580] they all work for the same organization, then they all have sort of a vested interest in this whole theater, [35:26.580 --> 35:29.580] Kabuki theater going forward, right? [35:29.580 --> 35:30.580] Yeah. Oh, wait a minute. [35:30.580 --> 35:33.580] Prosecutor. [35:33.580 --> 35:34.580] He's not a prosecutor. [35:34.580 --> 35:38.580] He's just a lawyer for the plaintiff. [35:38.580 --> 35:39.580] Correct. [35:39.580 --> 35:42.580] And he actually works for the Department of Real Estate. [35:42.580 --> 35:43.580] Yeah, okay. [35:43.580 --> 35:46.580] That's an important distinction. [35:46.580 --> 35:50.580] He is not a public official. [35:50.580 --> 35:51.580] Oh. [35:51.580 --> 35:55.580] He doesn't have any immunity here. [35:55.580 --> 35:57.580] Okay. Great. [35:57.580 --> 36:03.580] If you've only filed one bar grievance against him, you're backing up. [36:03.580 --> 36:04.580] Oh, yeah. [36:04.580 --> 36:06.580] I think I've got a list here. [36:06.580 --> 36:11.580] I've got a list of at least two or three grievances against him. [36:11.580 --> 36:15.580] And he's going to disappear, and they'll get another one. [36:15.580 --> 36:18.580] But he'll cost them more money. [36:18.580 --> 36:21.580] Tell them, Brett. [36:21.580 --> 36:23.580] That's the way it goes. [36:23.580 --> 36:24.580] Yeah. [36:24.580 --> 36:28.580] It doesn't take much to get them to go run for the hills. [36:28.580 --> 36:29.580] Oh, good. Good. [36:29.580 --> 36:30.580] I hope so. [36:30.580 --> 36:35.580] I really just want to terminate the action and then go after them with a lawsuit. [36:35.580 --> 36:42.580] And part of my question is, in terminating the action, I've been reading up about demurers. [36:42.580 --> 36:45.580] So would you guys be able to help? [36:45.580 --> 36:46.580] Demurrer. [36:46.580 --> 36:51.580] Demurrer in most states have been passed over. [36:51.580 --> 36:53.580] They don't do demurs anymore. [36:53.580 --> 36:57.580] But they do still do them in California. [36:57.580 --> 37:03.580] And all that is is emotion and opposition, not anything special. [37:03.580 --> 37:05.580] You just oppose whatever they're trying to do. [37:05.580 --> 37:08.580] And in California, they call that a demurrer. [37:08.580 --> 37:11.580] Don't you still have to say a reason for it? [37:11.580 --> 37:14.580] You had to put some grounds out there or say that there's a certain... [37:14.580 --> 37:17.580] What I understood about demurrer, correct me if I'm wrong, [37:17.580 --> 37:22.580] that you're saying that a certain issue or question has to be answered first [37:22.580 --> 37:26.580] before I can really address the other bluff that you're coming at me. [37:26.580 --> 37:31.580] We need to go back to the base of the fire and deal with this other issue that you're raising. [37:31.580 --> 37:35.580] Demurrer, as I understand it, is not quite that specific. [37:35.580 --> 37:37.580] It's just an opposition. [37:37.580 --> 37:43.580] It's what California calls an opposition to emotion. [37:43.580 --> 37:44.580] I file a motion. [37:44.580 --> 37:45.580] They file a demurrer. [37:45.580 --> 37:49.580] Also, yeah, I've been studying the demurrer. [37:49.580 --> 37:55.580] And what I have concluded is similar to what Brett said. [37:55.580 --> 37:58.580] You do have to put the reasons in there. [37:58.580 --> 38:06.580] And amongst those, for example, is the jurisdiction as one among others. [38:06.580 --> 38:08.580] But I just wanted to make sure I understood. [38:08.580 --> 38:12.580] So it's something that's not used very commonly. [38:12.580 --> 38:14.580] Would it just be better? [38:14.580 --> 38:17.580] Because the demurrer, they can't come back. [38:17.580 --> 38:21.580] A motion to dismiss means it's being dismissed for right now [38:21.580 --> 38:23.580] because we're getting permission from both sides. [38:23.580 --> 38:27.580] But it doesn't preclude them from coming back later. [38:27.580 --> 38:29.580] Wait, wait, wait. [38:29.580 --> 38:31.580] Hold on, hold on, hold on. [38:31.580 --> 38:40.580] You said that a motion to dismiss is agreed to from both sides? [38:40.580 --> 38:48.580] Yeah, we have to get the DRE to agree. [38:48.580 --> 38:55.580] No, you can file a motion to dismiss for any reason you want to. [38:55.580 --> 39:00.580] The other side doesn't have to agree. [39:00.580 --> 39:01.580] Oh, I see. [39:01.580 --> 39:06.580] Well, then here we have to have a hearing about the motion to dismiss. [39:06.580 --> 39:09.580] It's like if you file a subject matter jurisdiction challenge, [39:09.580 --> 39:11.580] that's a motion to dismiss. [39:11.580 --> 39:12.580] Right. [39:12.580 --> 39:17.580] If you file a venue, that's a motion to dismiss. [39:17.580 --> 39:18.580] Okay. [39:18.580 --> 39:25.580] Any reason why the plaintiff lacks standing to prosecute the lawsuit [39:25.580 --> 39:27.580] is a motion to dismiss. [39:27.580 --> 39:30.580] And the other side don't have to agree to it. [39:30.580 --> 39:35.580] I'm not trying to be pedantic here. [39:35.580 --> 39:40.580] I'm just trying to make sure there's no misunderstandings about that. [39:40.580 --> 39:42.580] Okay, thank you. [39:42.580 --> 39:43.580] Yeah, no, thank you so much. [39:43.580 --> 39:48.580] May I ask them why would there be a hearing for it? [39:48.580 --> 39:54.580] Oh, any time you file any motion, nothing's automatic. [39:54.580 --> 39:58.580] Even a motion that both sides agree to. [39:58.580 --> 40:05.580] Nothing happens in the court unless the judge issues an order. [40:05.580 --> 40:06.580] Right. [40:06.580 --> 40:08.580] You guys can agree to whatever you want to. [40:08.580 --> 40:14.580] It's like we have a problem with prosecuting attorneys refusing to prosecute. [40:14.580 --> 40:19.580] And I'm preparing a suit for the district attorney in Travis County, [40:19.580 --> 40:22.580] that's the seat of government in Texas, [40:22.580 --> 40:28.580] claiming that he dismissed a criminal complaint, a criminal prosecution, [40:28.580 --> 40:31.580] when he has no power to do so. [40:31.580 --> 40:37.580] If he wants that dismissed, even generally both of us will agree to it, [40:37.580 --> 40:40.580] he still has to file a motion with the court [40:40.580 --> 40:45.580] and ask the court to dismiss for in the interest of justice or whatever. [40:45.580 --> 40:47.580] He can't do it on his own. [40:47.580 --> 40:51.580] Everything has to have an order. [40:51.580 --> 40:53.580] Okay, thank you. [40:53.580 --> 40:58.580] So the difference between the motion to dismiss and the demurrer, [40:58.580 --> 41:00.580] I'm not sure exactly how you're pronouncing it, [41:00.580 --> 41:07.580] but the demurrer here from what I have read is that the demurrer is sort of a final, [41:07.580 --> 41:09.580] whereas the difference between the motion to dismiss, [41:09.580 --> 41:11.580] or whereas with the motion to dismiss, [41:11.580 --> 41:18.580] that means that the Department of Real Estate could reopen and pursue it again. [41:18.580 --> 41:25.580] By the way, they have no conscience here about how much money it's costing them or us. [41:25.580 --> 41:32.580] There are two different kinds of dismissals. [41:32.580 --> 41:35.580] A dismissal comes in two flavors. [41:35.580 --> 41:39.580] It can be with prejudice or without prejudice. [41:39.580 --> 41:45.580] So you're saying, yes, they could come back and re-address the same issue again. [41:45.580 --> 41:49.580] That's where the with and without prejudice comes in. [41:49.580 --> 41:53.580] And their problem with that is once it's dismissed, [41:53.580 --> 41:56.580] even if it's dismissed without prejudice, [41:56.580 --> 42:02.580] you can't bring it back on the same issue or with the same facts. [42:02.580 --> 42:05.580] You have to find new evidence. [42:05.580 --> 42:10.580] So they can't just arbitrarily and capriciously refile. [42:10.580 --> 42:12.580] Okay, okay. [42:12.580 --> 42:17.580] Consider this. The courts are ultimately reasonable. [42:17.580 --> 42:22.580] And every kind of no-good, rotten, low-down shenanigans that can be pulled, [42:22.580 --> 42:25.580] lawyers pull them. That's what they do. [42:25.580 --> 42:34.580] So the law is very carefully crafted to keep people from abusing the court system. [42:34.580 --> 42:38.580] So if you get something dismissed without prejudice, [42:38.580 --> 42:43.580] that means you guys didn't bring me enough. [42:43.580 --> 42:44.580] You don't have enough evidence. [42:44.580 --> 42:48.580] You don't have enough law in support of your issue. [42:48.580 --> 42:52.580] But that doesn't mean it's not possible to define that law. [42:52.580 --> 42:54.580] If they dismiss with prejudice, [42:54.580 --> 43:02.580] the judge is saying that he can see no way that you can recraft this lawsuit [43:02.580 --> 43:05.580] so that it would have standing. [43:05.580 --> 43:09.580] Okay. So since that would be what I'm pursuing, [43:09.580 --> 43:12.580] they probably wouldn't give it to me as – they wouldn't give it to me. [43:12.580 --> 43:17.580] They would make it without prejudice to favor their own bodies within the system. [43:17.580 --> 43:18.580] That's what I should do. [43:18.580 --> 43:20.580] Exactly. But that's not a problem. [43:20.580 --> 43:22.580] Don't get too excited about that. [43:22.580 --> 43:25.580] If you get a dismissal, you got a dismissal. [43:25.580 --> 43:31.580] If they try to come back, they're going to have to have some serious evidence. [43:31.580 --> 43:39.580] If they come back with any evidence that was available to them at the time they originally filed suit, [43:39.580 --> 43:41.580] they can't bring it in. [43:41.580 --> 43:43.580] They have to find new evidence. [43:43.580 --> 43:44.580] Oh, that's right. [43:44.580 --> 43:47.580] It's not just evidence that they didn't bring up before. [43:47.580 --> 43:49.580] It's evidence that they didn't have access to before. [43:49.580 --> 43:51.580] Very good point. [43:51.580 --> 43:53.580] Hang on, Randy Kelton, Brett Fountain. [43:53.580 --> 43:54.580] Okay. [43:54.580 --> 43:55.580] We'll be right back. [43:55.580 --> 43:56.580] Yeah. Thank you, Judge. [43:56.580 --> 43:59.580] Stop talking. [43:59.580 --> 44:00.580] I love logos. [44:00.580 --> 44:04.580] Without the shows on this network, I'd be almost as ignorant as my friends. [44:04.580 --> 44:06.580] I'm so addicted to the truth now that there's no going back. [44:06.580 --> 44:07.580] I need my truth fix. [44:07.580 --> 44:09.580] I'd be lost without logos. [44:09.580 --> 44:12.580] And I really want to help keep this network on the air. [44:12.580 --> 44:15.580] I'd love to volunteer as a show producer, but I'm a bit of a Luddite, [44:15.580 --> 44:19.580] and I really don't have any money to give because I spent it all on supplements. [44:19.580 --> 44:21.580] How can I help logos? [44:21.580 --> 44:23.580] Well, I'm glad you asked. [44:23.580 --> 44:26.580] Whenever you order anything from Amazon, you can help logos. [44:26.580 --> 44:28.580] You can order new supplies or holiday gifts. [44:28.580 --> 44:30.580] The first thing you do is clear your cookies. [44:30.580 --> 44:33.580] Now, go to LogosRadioNetwork.com. [44:33.580 --> 44:36.580] Click on the Amazon logo and bookmark it. [44:36.580 --> 44:42.580] Now, when you order anything from Amazon, you use that link, and logos gets a few pesos. [44:42.580 --> 44:43.580] Do I pay extra? [44:43.580 --> 44:44.580] No. [44:44.580 --> 44:46.580] Do you have to do anything different when I order? [44:46.580 --> 44:47.580] No. [44:47.580 --> 44:48.580] Can I use my Amazon Prime? [44:48.580 --> 44:49.580] No. [44:49.580 --> 44:50.580] I mean, yes. [44:50.580 --> 44:53.580] Wow. Giving without doing anything or spending any money. [44:53.580 --> 44:54.580] This is perfect. [44:54.580 --> 44:56.580] Thank you so much. [44:56.580 --> 44:57.580] We are welcome. [44:57.580 --> 45:00.580] Happy holidays, logos. [45:00.580 --> 45:03.580] Are you the plaintiff or defendant in a lawsuit? [45:03.580 --> 45:06.580] Win your case without an attorney with Jurisdictionary, [45:06.580 --> 45:14.580] the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step-by-step. [45:14.580 --> 45:18.580] If you have a lawyer, know what your lawyer should be doing. [45:18.580 --> 45:22.580] If you don't have a lawyer, know what you should do for yourself. [45:22.580 --> 45:27.580] Thousands have won with our step-by-step course, and now you can too. [45:27.580 --> 45:33.580] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [45:33.580 --> 45:38.580] Even if you're not in a lawsuit, you can learn what everyone should understand [45:38.580 --> 45:42.580] about the principles and practices that control our American courts. [45:42.580 --> 45:48.580] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:48.580 --> 45:55.580] pro se tactics, and much more. Please visit ruleoflawradio.com and click on the banner [45:55.580 --> 46:19.580] or call toll-free 866-LAW-EZ. [46:25.580 --> 46:50.580] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio. [46:50.580 --> 46:58.580] We're talking to Rich in California, and Rich, you're going to get me in trouble. [46:58.580 --> 46:59.580] Sorry about that. [46:59.580 --> 47:05.580] Anyway, Deborah might be listening, and whoa, I get in trouble. [47:05.580 --> 47:13.580] Okay, we were talking about a dismissal without prejudice. [47:13.580 --> 47:22.580] When you file a lawsuit, you need to prepare, and I tell everybody to prepare a timeline, [47:22.580 --> 47:24.580] everything that happened. [47:24.580 --> 47:30.580] And then when we get to a lawsuit, we'll turn that into a statement of facts, [47:30.580 --> 47:35.580] whether we are the plaintiff or the defendant. [47:35.580 --> 47:41.580] You want a good, complete statement of facts and put that in there. [47:41.580 --> 47:45.580] All of these facts are before the court. [47:45.580 --> 47:51.580] Any information, any facts you have access to, you have to get it before the court [47:51.580 --> 47:54.580] if you want to use it. [47:54.580 --> 47:58.580] Because once there's an adjudication, you can't come back and say, [47:58.580 --> 48:01.580] oh, my goodness, I missed this right here. [48:01.580 --> 48:03.580] I should have argued this. [48:03.580 --> 48:06.580] They're going to say, too bad. [48:06.580 --> 48:12.580] You've got to have that if it was available to you, you have to plead it. [48:12.580 --> 48:16.580] If you don't plead it, then you waive it. [48:16.580 --> 48:21.580] So once they get a dismissal without prejudice, [48:21.580 --> 48:29.580] then you can come back and bring in new evidence that you didn't have access to before. [48:29.580 --> 48:32.580] Does that make sense? [48:32.580 --> 48:34.580] Yes, yeah, completely. [48:34.580 --> 48:36.580] And I've taken your advice on that. [48:36.580 --> 48:42.580] I've already constructed the timeline, and I do have the statement of facts. [48:42.580 --> 48:44.580] I've laid that out. [48:44.580 --> 48:46.580] Good. [48:46.580 --> 48:49.580] You should be in good shape. [48:49.580 --> 48:50.580] Go ahead. [48:50.580 --> 48:52.580] I'm just hoping that I'm using the correct verbiage, [48:52.580 --> 48:54.580] and I'm also doing a lot more research. [48:54.580 --> 48:57.580] But may I ask you, when they don't show, when the judge doesn't show, [48:57.580 --> 49:00.580] I've heard you say in the past, hey, that's like a calendar problem, [49:00.580 --> 49:02.580] that you can bill them for that. [49:02.580 --> 49:06.580] It's worse than a calendar problem. [49:06.580 --> 49:10.580] When the court orders you to be in before the court, [49:10.580 --> 49:16.580] the court has an obligation to be ready. [49:16.580 --> 49:22.580] So if it's a motion hearing, there's not really a whole lot you can do other than bill them. [49:22.580 --> 49:26.580] And judicial conduct complaints against the judge, [49:26.580 --> 49:33.580] and if it's the other side that didn't show up, you can ask for a default judgment. [49:33.580 --> 49:37.580] Any time the other guy doesn't show up, you tell the court, I'm here. [49:37.580 --> 49:38.580] You told me to be here. [49:38.580 --> 49:39.580] I'm here. [49:39.580 --> 49:44.580] I have a right to have this motion heard today, and I want you to hear it. [49:44.580 --> 49:47.580] Can you move further sanctions for not showing up? [49:47.580 --> 49:49.580] Yeah, the other side's not here. [49:49.580 --> 49:52.580] They're a problem, not my problem. [49:52.580 --> 49:58.580] If they wanted to argue their side of this issue, they should have been here, [49:58.580 --> 50:02.580] or they should have given notice ahead of time and moved for a continuance. [50:02.580 --> 50:04.580] But I'm here. [50:04.580 --> 50:06.580] You ordered me to be here. [50:06.580 --> 50:10.580] You owe it to me to give me a hearing today. [50:10.580 --> 50:19.580] And one of the one times we did get a judge sanctioned that was in New York State, [50:19.580 --> 50:22.580] a traffic issue. [50:22.580 --> 50:25.580] The guy was called into court. [50:25.580 --> 50:27.580] He filed a judicial conduct complaint, [50:27.580 --> 50:35.580] and they sanctioned the judge for not properly maintaining his calendar. [50:35.580 --> 50:38.580] That's kind of a big deal. [50:38.580 --> 50:42.580] And it should be, because it costs you time and money. [50:42.580 --> 50:45.580] I mean, you're a big-time real estate broker. [50:45.580 --> 50:50.580] You probably make three, four hundred bucks an hour. [50:50.580 --> 50:54.580] And yeah, I just spent two or three hours here getting set up [50:54.580 --> 51:00.580] and getting online to do this hearing, and I could have been out making money. [51:00.580 --> 51:03.580] You owe me that. [51:03.580 --> 51:08.580] He just filed that with whoever pays the bills for the state, [51:08.580 --> 51:12.580] for the county, or whatever jurisdiction they're in. [51:12.580 --> 51:17.580] And when they don't pay it, you file with the credit bureau. [51:17.580 --> 51:20.580] It screws up your credit. [51:20.580 --> 51:25.580] How to win friends and influence people. [51:25.580 --> 51:33.580] Is there a technical term for failure to appear for them, for them not being there, [51:33.580 --> 51:37.580] for the judge or for the other side? [51:37.580 --> 51:41.580] Well, this is civil, so not for the other side. [51:41.580 --> 51:48.580] Those are terms we're not supposed to say on the air. [51:48.580 --> 51:55.580] This is civil, so you're not subpoenaed as a rule, unless you're subpoenaed as a witness. [51:55.580 --> 51:57.580] Normally you're not subpoenaed to court. [51:57.580 --> 52:02.580] You're just given notice of when the hearing is taking place. [52:02.580 --> 52:05.580] You can come if you want to, but you can stay home if you want to, [52:05.580 --> 52:08.580] and the judge will rule against you. [52:08.580 --> 52:12.580] The other side has a right to default judgment. [52:12.580 --> 52:17.580] If they don't show up to argue their issue, then they blew it, [52:17.580 --> 52:20.580] and you have a right to that ruling. [52:20.580 --> 52:27.580] And the judges don't like to give those rulings, so hammer the judge when he doesn't. [52:27.580 --> 52:31.580] You don't need the judge to be your buddy. [52:31.580 --> 52:34.580] You don't need him to be happy with you. [52:34.580 --> 52:37.580] You're just setting the record for appeal. [52:37.580 --> 52:43.580] So more upset the judge is, better for you, because he does more stupid stuff. [52:43.580 --> 52:46.580] The last hearing I was in, the judge was furious at me [52:46.580 --> 52:50.580] because I'd asked the bailiff to arrest him a couple of times. [52:50.580 --> 52:57.580] He was not a happy camper, and he did every stupid thing he could do. [52:57.580 --> 53:01.580] So for me, that works. [53:01.580 --> 53:06.580] Is this a failure to appear on their part called a default of judgment or default judgment? [53:06.580 --> 53:07.580] No, no. [53:07.580 --> 53:12.580] In a civil, you can't get a failure to appear because they're not, unless they're subpoenaed. [53:12.580 --> 53:19.580] If someone is subpoenaed as a witness or something, you are just a litigant, [53:19.580 --> 53:22.580] and you appear if you want to. [53:22.580 --> 53:27.580] If you don't, then you risk a default judgment against you. [53:27.580 --> 53:30.580] So there's no failure to appear here. [53:30.580 --> 53:32.580] Okay, got it. [53:32.580 --> 53:37.580] In this case, then there's no, I think, Brett, you had mentioned it, [53:37.580 --> 53:42.580] there's no sanction that you can bring against them, and there's nothing else to bring against them. [53:42.580 --> 53:47.580] You can do a judicial complaint, but other than that, there's nothing else to do. [53:47.580 --> 53:52.580] You can move for default judgment. [53:52.580 --> 53:56.580] Whatever is before the court, you move the default judgment in your favor. [53:56.580 --> 53:59.580] You have a right to it. [53:59.580 --> 54:04.580] They didn't show up in court, they forfeited their issue, [54:04.580 --> 54:11.580] unless they have filed a written answer, and the written answer still stands. [54:11.580 --> 54:18.580] But if you bring an argument that contravenes their answer, [54:18.580 --> 54:25.580] and they're not there to counter, then they're subject to being ruled against, [54:25.580 --> 54:29.580] what's the term for it, in what, Brett? [54:29.580 --> 54:31.580] In absentia. [54:31.580 --> 54:35.580] Yeah, in absentia, and then there would be a summary judgment. [54:35.580 --> 54:36.580] Okay. [54:36.580 --> 54:39.580] You're right, summary judgment as opposed to default. [54:39.580 --> 54:41.580] I'm glad you brought that up, Brett. [54:41.580 --> 54:46.580] Default is what you get when you file a petition, [54:46.580 --> 54:50.580] an opposing party does not file an answer. [54:50.580 --> 54:53.580] Then you could move for default. [54:53.580 --> 54:59.580] Anything else is summary. [54:59.580 --> 55:09.580] Okay, so then in this case, I still should file a motion to dismiss, [55:09.580 --> 55:12.580] along with a default judgment? [55:12.580 --> 55:15.580] No, summary. [55:15.580 --> 55:24.580] As for summary judgment in your favor, because the opposing party failed to appear and argue, [55:24.580 --> 55:28.580] and enter an opposition. [55:28.580 --> 55:29.580] Okay, excellent. [55:29.580 --> 55:31.580] Okay, that answer, thank you so much. [55:31.580 --> 55:35.580] Your motion comes unopposed. [55:35.580 --> 55:43.580] But if they filed an answer, then that answer is still before the court. [55:43.580 --> 55:46.580] No, yeah, there's been no activity. [55:46.580 --> 55:49.580] It's been, you know, 12 days. [55:49.580 --> 55:54.580] Yeah, I love to say the word unopposed to the judge. [55:54.580 --> 55:58.580] Tell the judge that my motion is unopposed. [55:58.580 --> 56:00.580] Okay, all right. [56:00.580 --> 56:03.580] And I tell them that through the summary judgment? [56:03.580 --> 56:09.580] Yes, since it's unopposed, you move for summary judgment. [56:09.580 --> 56:12.580] Okay, okay, wonderful. [56:12.580 --> 56:18.580] You can't get default judgment against them if they're the petitioner, if they're the plaintiff. [56:18.580 --> 56:25.580] The only thing that gets you default judgment is if you sue somebody and they don't answer the suit. [56:25.580 --> 56:31.580] If you file a motion and they don't answer the motion, then you move for summary. [56:31.580 --> 56:33.580] I see, okay, they're separate. [56:33.580 --> 56:34.580] Okay, I see that. [56:34.580 --> 56:35.580] Got it, thank you. [56:35.580 --> 56:36.580] I am doing jurisdictionary. [56:36.580 --> 56:38.580] I guess I'm just not at this point yet. [56:38.580 --> 56:43.580] And I'm kind of impatient just because of the timing of how everything here has happened. [56:43.580 --> 56:49.580] One of the last questions I have for you, I have a friend that did get an – they turned an infraction, [56:49.580 --> 56:55.580] a license, a non-renewal of their license plates into an arrest warrant [56:55.580 --> 57:02.580] because he didn't show for the actual, you know, trial in the traffic court. [57:02.580 --> 57:06.580] What's the quickest way to eliminate the arrest warrant? [57:06.580 --> 57:09.580] Go to the court, appear, yeah. [57:09.580 --> 57:13.580] Just go before the magistrate, they'll lift it right away. [57:13.580 --> 57:21.580] What the warrant says is arrest this person and bring him before me. [57:21.580 --> 57:27.580] When you step in front of the magistrate, the warrant becomes moot. [57:27.580 --> 57:28.580] Okay. [57:28.580 --> 57:35.580] And we've had people arrested in front of the judge and taken to jail on his warrant. [57:35.580 --> 57:39.580] And he's standing in front of the judge. [57:39.580 --> 57:40.580] Oh, no. [57:40.580 --> 57:43.580] Oh, so is that another mess-up? [57:43.580 --> 57:45.580] Oh, that's a big-time mess-up. [57:45.580 --> 57:46.580] Yeah. [57:46.580 --> 57:47.580] False imprisonment. [57:47.580 --> 57:52.580] No immunity from false imprisonment. [57:52.580 --> 57:57.580] The state has waived its sovereign immunity in the matter of false imprisonment. [57:57.580 --> 57:58.580] Every state's done that. [57:58.580 --> 57:59.580] Okay, great. [57:59.580 --> 58:00.580] Good to know that. [58:00.580 --> 58:01.580] Good to know that. [58:01.580 --> 58:02.580] Hey, last question. [58:02.580 --> 58:05.580] What's your bumper music? [58:05.580 --> 58:08.580] Who are the guys singing? [58:08.580 --> 58:09.580] Oh, Debra. [58:09.580 --> 58:11.580] Debra, Jerry is the lead singer. [58:11.580 --> 58:14.580] It's Debra's band, Three Shoes Posse. [58:14.580 --> 58:17.580] Okay, what's the name of it? [58:17.580 --> 58:20.580] Three Shoes Posse. [58:20.580 --> 58:22.580] Three Shoes Posse? [58:22.580 --> 58:23.580] Yeah. [58:23.580 --> 58:29.580] If you want some of her music, send an email to Debra at LouisvilleRadio.com and ask her for it. [58:29.580 --> 58:31.580] She'll get you some other. [58:31.580 --> 58:32.580] It's Posse. [58:32.580 --> 58:41.580] Debra plays bass and violin. [58:41.580 --> 58:43.580] Jerry plays everything. [58:43.580 --> 58:44.580] Okay, hang on. [58:44.580 --> 58:46.580] We'll finish this on the other side. [58:46.580 --> 58:47.580] Randy Kelton, Brett Fountain. [58:47.580 --> 58:49.580] We'll be right back. [58:49.580 --> 58:54.580] The Bible remains the most popular book in the world, yet countless readers are frustrated [58:54.580 --> 58:57.580] because they struggle to understand it. [58:57.580 --> 59:03.580] Some new translations try to help by simplifying the text, but in the process can compromise [59:03.580 --> 59:06.580] the profound meaning of the scripture. [59:06.580 --> 59:08.580] Enter the recovery version. [59:08.580 --> 59:14.580] First, this new translation is extremely faithful and accurate, but the real story is the more [59:14.580 --> 59:17.580] than 9,000 explanatory footnotes. [59:17.580 --> 59:22.580] Difficult and profound passages are opened up in a marvelous way, providing an entrance [59:22.580 --> 59:27.580] into the riches of the Word beyond which you've ever experienced before. [59:27.580 --> 59:32.580] Bibles for America would like to give you a free recovery version simply for the asking. [59:32.580 --> 59:42.580] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [59:42.580 --> 59:46.580] or by ordering online at freestudybible.com. [59:46.580 --> 59:49.580] That's freestudybible.com. [59:49.580 --> 59:59.580] You're listening to the Logos Radio Network at logosradionetwork.com. [59:59.580 --> 01:00:04.580] The Bill of Rights contains the first ten amendments of our Constitution. [01:00:04.580 --> 01:00:08.580] They guarantee the specific freedoms Americans should know and protect. [01:00:08.580 --> 01:00:09.580] Our liberty depends on it. [01:00:09.580 --> 01:00:13.580] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember [01:00:13.580 --> 01:00:16.580] one of your constitutional rights. [01:00:16.580 --> 01:00:18.580] Privacy is under attack. [01:00:18.580 --> 01:00:21.580] When you give up data about yourself, you'll never get it back again. [01:00:21.580 --> 01:00:26.580] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:00:26.580 --> 01:00:28.580] So protect your rights. [01:00:28.580 --> 01:00:32.580] Say no to surveillance and keep your information to yourself. [01:00:32.580 --> 01:00:34.580] Privacy, it's worth hanging on to. [01:00:34.580 --> 01:00:38.580] This public service announcement is brought to you by Startpage.com, [01:00:38.580 --> 01:00:42.580] the private search engine alternative to Google, Yahoo, and Bing. [01:00:42.580 --> 01:00:45.580] Start over with Startpage. [01:00:45.580 --> 01:00:49.580] Most people think of seven as a more civilized number than six. [01:00:49.580 --> 01:00:54.580] Think about the number six as implicated in evil, as in the biblical 666. [01:00:54.580 --> 01:00:58.580] So it would fit right in that the Seventh Amendment would be about civil trials. [01:00:58.580 --> 01:01:00.580] Civil seven, civil trials, get it? [01:01:00.580 --> 01:01:04.580] Civil trials are ones where people sue instead of beating each other up over a dispute, [01:01:04.580 --> 01:01:07.580] like the dividing line between properties. [01:01:07.580 --> 01:01:11.580] They take their dispute to a courthouse and settle matters civilly without the fisticuffs. [01:01:11.580 --> 01:01:16.580] The Seventh Amendment guarantees that Americans have the right to a jury in certain civil matters [01:01:16.580 --> 01:01:19.580] instead of having a lone judge rule on the case. [01:01:19.580 --> 01:01:31.580] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:01:31.580 --> 01:01:35.580] The Bill of Rights contains the first ten amendments of our Constitution. [01:01:35.580 --> 01:01:38.580] They guarantee the specific freedoms Americans should know and protect. [01:01:38.580 --> 01:01:40.580] Our liberty depends on it. [01:01:40.580 --> 01:01:43.580] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way [01:01:43.580 --> 01:01:46.580] to remember one of your constitutional rights. [01:01:46.580 --> 01:01:48.580] Privacy is under attack. [01:01:48.580 --> 01:01:52.580] When you give up data about yourself, you'll never get it back again. [01:01:52.580 --> 01:01:57.580] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:01:57.580 --> 01:02:02.580] So protect your rights, say no to surveillance, and keep your information to yourself. [01:02:02.580 --> 01:02:04.580] Privacy, it's worth hanging on to. [01:02:04.580 --> 01:02:08.580] This public service announcement is brought to you by Startpage.com, [01:02:08.580 --> 01:02:12.580] the private search engine alternative to Google, Yahoo, and Bing. [01:02:12.580 --> 01:02:15.580] Start over with Startpage. [01:02:15.580 --> 01:02:21.580] Remember the scene in George Orwell's novel, 1984, when Winston is threatened with his worst fear? [01:02:21.580 --> 01:02:25.580] That fear was having a cage of hungry rats unleashed on his face. [01:02:25.580 --> 01:02:29.580] But what if his worst fear was spiders, eight-legged spiders, to be exact? [01:02:29.580 --> 01:02:33.580] Getting a face full of spiders would be pretty cruel and unusual. [01:02:33.580 --> 01:02:36.580] That image of eight-legged spiders will help you remember the Eighth Amendment. [01:02:36.580 --> 01:02:40.580] Our Founding Fathers added the Eighth Amendment to the U.S. Constitution [01:02:40.580 --> 01:02:43.580] to protect us from creepy-crawly eight-legged punishments [01:02:43.580 --> 01:02:47.580] and other cruel and unusual prison practices that were common in their day. [01:02:47.580 --> 01:02:51.580] The Eighth Amendment also prohibits the government from requiring excessive bail [01:02:51.580 --> 01:02:53.580] and charging excessive fines. [01:02:53.580 --> 01:03:06.580] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:03:23.580 --> 01:03:48.580] OK, we are back. [01:03:48.580 --> 01:03:57.580] I'm Randy Kelton, Brett Fountain, Rule of Law Radio, on this Thursday, the 13th day of October, 2022. [01:03:57.580 --> 01:04:05.580] And we are going to Chris that looks like in Missouri. [01:04:05.580 --> 01:04:09.580] Let's see, unmute Chris. There we go. [01:04:09.580 --> 01:04:13.580] Hello, Chris. Is that correct? That's what's coming up on my system. [01:04:13.580 --> 01:04:18.580] Yes, good. Hello, Brett, and hello, Randy. [01:04:18.580 --> 01:04:24.580] OK. What do you have for us today? [01:04:24.580 --> 01:04:29.580] Well, sir, on the 11th, on Tuesday, this last Tuesday, [01:04:29.580 --> 01:04:35.580] I was in a court hearing at Johnson County, Kansas District Court, [01:04:35.580 --> 01:04:39.580] and it was my first hearing for my appeal. [01:04:39.580 --> 01:04:42.580] And there was a number of issues that I wanted to ask about. [01:04:42.580 --> 01:04:50.580] Number one being that we found out that that hearing was scheduled as an arraignment hearing. [01:04:50.580 --> 01:04:54.580] And so luckily, I found that out a day or two. [01:04:54.580 --> 01:04:57.580] Wait a minute. That doesn't make sense. [01:04:57.580 --> 01:05:01.580] You said you were at a hearing on your appeal? [01:05:01.580 --> 01:05:11.580] It was supposed to be for my appeal, but somebody had set up the hearing as an arraignment hearing at the district court. [01:05:11.580 --> 01:05:17.580] So my first hearing, I was in an arraignment court, and they forced me to sit through that whole hearing. [01:05:17.580 --> 01:05:23.580] And at the end of it, when they finally called my name, the judge simply said to me, [01:05:23.580 --> 01:05:30.580] your next hearing is on November 16th. And so they literally put me in the court. [01:05:30.580 --> 01:05:36.580] OK, that is their error. Bill them for your time. [01:05:36.580 --> 01:05:45.580] OK. And you're expensive. [01:05:45.580 --> 01:05:47.580] How do I bill? OK, go ahead. [01:05:47.580 --> 01:05:53.580] Just make up a bill. Send them a letter saying you were called to court improperly. [01:05:53.580 --> 01:05:59.580] The court failed to properly maintain its calendar, and you cost me this much money. [01:05:59.580 --> 01:06:04.580] Make me hold or be sued. That's a tort letter. [01:06:04.580 --> 01:06:09.580] OK. [01:06:09.580 --> 01:06:15.580] So I argued. I asked why they weren't even going to let me speak at my own hearing. [01:06:15.580 --> 01:06:25.580] And so I did get to speak. I asked them if it was an appeal, and the judge kind of grins and shakes his head and asks me if I wanted it to be an appeal hearing. [01:06:25.580 --> 01:06:31.580] And I said, well, if it is an appeal hearing, I object to this hearing. [01:06:31.580 --> 01:06:36.580] And he kind of laughed and shook his head and he said, well, it's not an appeal hearing then. [01:06:36.580 --> 01:06:46.580] And I think the reason why they did that is because we had sent in an objection to being rearranged. [01:06:46.580 --> 01:06:50.580] What's the matter with you? You want your due process? [01:06:50.580 --> 01:06:52.580] Yes, sir. [01:06:52.580 --> 01:07:04.580] So go ahead and bargain a judicial conduct complaint to judge and send a letter claiming the amount to whoever pays the bills for the calendar. [01:07:04.580 --> 01:07:07.580] This is district? [01:07:07.580 --> 01:07:08.580] Yes. [01:07:08.580 --> 01:07:10.580] OK. [01:07:10.580 --> 01:07:20.580] State Comptroller or whoever sits in that position. Who pays the bills for the state? [01:07:20.580 --> 01:07:22.580] OK. [01:07:22.580 --> 01:07:26.580] Find out who that is and send it to that office. [01:07:26.580 --> 01:07:28.580] OK. [01:07:28.580 --> 01:07:34.580] And that will start a big argument. [01:07:34.580 --> 01:07:43.580] And then they'll go to the judge and ask him, what the heck is going on? Why is this guy billing us? Because of you. [01:07:43.580 --> 01:07:44.580] Yes. [01:07:44.580 --> 01:07:49.580] It's all politics. You make trouble for him. [01:07:49.580 --> 01:07:54.580] We'll see he's laughing next time. [01:07:54.580 --> 01:08:08.580] And so I felt like that would be victory because I felt like the prosecutor was trying to slip in some kind of amended complaint on the record because right now they don't have a verified complaint on the record. [01:08:08.580 --> 01:08:11.580] And it's made it all the way to district. [01:08:11.580 --> 01:08:16.580] Do you have a copy of the record? [01:08:16.580 --> 01:08:18.580] From district? [01:08:18.580 --> 01:08:27.580] Yes. You need a complete copy of the file. So you get a certified copy of the file from the clerk. [01:08:27.580 --> 01:08:28.580] OK. [01:08:28.580 --> 01:08:43.580] When they give it to you, the only thing that's in the file is what you've got. If he slips in something later, then he'll have a problem. But you need to be able to document that it's not there now. [01:08:43.580 --> 01:08:46.580] OK. [01:08:46.580 --> 01:08:57.580] And in addition to that, after the hearing was over, he set another hearing, hopefully this time for my actual appeal. [01:08:57.580 --> 01:09:13.580] And then I discovered that they entered some notes onto my case history that it said that I pled not guilty, which I never pled anything. I was never even asked to plead. [01:09:13.580 --> 01:09:22.580] No, that's not relevant. If you don't plead, they'll just write in not guilty. It doesn't affect you at all. [01:09:22.580 --> 01:09:32.580] Well, they also said that I was ordered to show up to court in person when the judge told me it was a Zoom hearing. [01:09:32.580 --> 01:09:38.580] And now on the note, it says that I was ordered to show up in person, which is a lie. [01:09:38.580 --> 01:09:47.580] That's not a...have they raised an issue about it? [01:09:47.580 --> 01:09:50.580] No, other than... [01:09:50.580 --> 01:09:52.580] They falsified the record, though. [01:09:52.580 --> 01:09:53.580] Yeah, but... [01:09:53.580 --> 01:09:56.580] Yeah, that's a false record, isn't it? [01:09:56.580 --> 01:09:58.580] That's a punks. [01:09:58.580 --> 01:10:11.580] Yeah, they're just going to say that was a nun's pro-tunk. It's just a minor error that has no probative value. [01:10:11.580 --> 01:10:22.580] The fact that you appeared at the Zoom hearing and the judge didn't raise an issue about it, and he waived that issue. [01:10:22.580 --> 01:10:26.580] OK, so there's not much to worry about with the notes being not accurate? [01:10:26.580 --> 01:10:33.580] No, they're never accurate. [01:10:33.580 --> 01:10:44.580] Something sounds odd here. You're going before the trial court on an appeal. How does that work? [01:10:44.580 --> 01:10:57.580] Well, I was...how this all started was in Mission, Kansas. I went to shop at a Salvation Army store, and the manager got directly in my face. [01:10:57.580 --> 01:11:05.580] They tried to force me to put a mask on, to which I declined, and they immediately called the police. [01:11:05.580 --> 01:11:14.580] I had maybe a three or four minute conversation in the store trying to get their information and why they were doing this and all this stuff. [01:11:14.580 --> 01:11:24.580] So the police arrived within three or four minutes, and as soon as I walked out of the store to the parking lot, the police were there. [01:11:24.580 --> 01:11:33.580] They assaulted me, arrested me, took me to jail, and so I've been fighting that since January 8th of this year. [01:11:33.580 --> 01:11:37.580] What did they charge you with? [01:11:37.580 --> 01:11:47.580] Criminal trespass and disorderly conduct. [01:11:47.580 --> 01:11:53.580] OK, I don't understand how you're in the trial court with an appeal. [01:11:53.580 --> 01:12:03.580] Yeah, that part still does sound odd. I mean, yeah, you can challenge the issues about, well, the cops didn't see anything. The only thing they saw was that you were leaving. [01:12:03.580 --> 01:12:14.580] They didn't see you refusing to leave or disturbing the peace or all that, but Randy's talking about the issue of how is this in... [01:12:14.580 --> 01:12:27.580] How is trial court mixing with appeal court here, and they're just like, flip a coin, which do you want it to be? You oppose that one? OK, we'll do an appeal. No, we won't do an appeal. That doesn't make sense. [01:12:27.580 --> 01:12:40.580] No, no, something is weird about that. I don't know what's going on with it, but our theory is that the mission court clerk and possibly the court clerk at district, [01:12:40.580 --> 01:12:48.580] you know, maybe they got together and thought they would pull a fast one on me or something, but I should have been in an appeal hearing instead of I was in an arraignment. [01:12:48.580 --> 01:12:53.580] OK, where did you file your appeal? [01:12:53.580 --> 01:13:15.580] I filed it through the mission court clerk at the district court in Johnson County. Unless Kansas is way different than everywhere else, the appeal should have been filed with the court of appeals. [01:13:15.580 --> 01:13:33.580] And they may be treating this as either a motion for rehearing or a, I don't know, something, because the trial court can never have jurisdiction on an appeal. [01:13:33.580 --> 01:13:35.580] Yeah. [01:13:35.580 --> 01:13:40.580] Did the judge issue a final ruling? [01:13:40.580 --> 01:13:46.580] No, no, the judge just said that I had another court hearing. [01:13:46.580 --> 01:13:54.580] No, no, no. In your original case, did the judge issue a final determination? [01:13:54.580 --> 01:13:59.580] Yeah, yeah, he did. Yeah, they found me guilty of both charges. [01:13:59.580 --> 01:14:13.580] OK, your appeal should have been forwarded to the court of appeals. This judge has no standing to hear anything concerning appeals. When you filed a notice of appeal, he lost jurisdiction. [01:14:13.580 --> 01:14:15.580] OK. [01:14:15.580 --> 01:14:19.580] You need to go back and read your rules of court. [01:14:19.580 --> 01:14:21.580] So you take them in the wrong court? [01:14:21.580 --> 01:14:35.580] Yes. Get the rules of court and look up appeals and read the rules for appeals. I think you're definitely in the wrong court, and this judge has to know that. [01:14:35.580 --> 01:14:47.580] Yeah, but he was somehow, that's probably why he was just laughing and just going along with it because, OK, fine, so you don't want to, OK, fine, but he's not going to actually do the right thing. [01:14:47.580 --> 01:14:53.580] File criminally against him for impersonating a public official. [01:14:53.580 --> 01:14:56.580] For impersonating the appellate court judge? [01:14:56.580 --> 01:14:58.580] Yes, exactly. [01:14:58.580 --> 01:15:01.580] I enjoyed coming to pay for your call. [01:15:01.580 --> 01:15:07.580] See if he thinks that's funny and then make sure you file a judicial conduct complaint against him. [01:15:07.580 --> 01:15:12.580] OK. [01:15:12.580 --> 01:15:14.580] Well, that's all I had. [01:15:14.580 --> 01:15:22.580] It's fun tearing a little of their arrogance off, to quote Jerry Reed. [01:15:22.580 --> 01:15:32.580] Well, they set me up every step of the way. I mean, Mission Municipal, they didn't have an affidavit of probable cause. They don't have a verified complaint. [01:15:32.580 --> 01:15:38.580] They didn't follow a single due process of law, and yet eight months later they found me guilty. [01:15:38.580 --> 01:15:45.580] Hold on. Have you been through Jurisdictionary? [01:15:45.580 --> 01:15:47.580] I'm working my way through there now. [01:15:47.580 --> 01:15:54.580] Good. Finish it off and call us back. We'll have a whole different conversation. [01:15:54.580 --> 01:16:02.580] But get the rules of the appellate procedure and read those. [01:16:02.580 --> 01:16:05.580] OK, will do. [01:16:05.580 --> 01:16:09.580] This is getting a little too complex, and we're going to run out of time. [01:16:09.580 --> 01:16:17.580] There's too much stuff you don't know yet, and there's too much stuff you didn't know how to tell me. [01:16:17.580 --> 01:16:22.580] So get on Jurisdictionary. Then we can have a whole different conversation. [01:16:22.580 --> 01:16:26.580] I'm concerned that you may be out of time. [01:16:26.580 --> 01:16:32.580] Did you file a notice of intent to appeal with the district court? [01:16:32.580 --> 01:16:37.580] Yes, I did. That was through the mission first floor. [01:16:37.580 --> 01:16:45.580] OK, we're going to run out of time. Get through Jurisdictionary and call us back next week. [01:16:45.580 --> 01:16:46.580] OK. [01:16:46.580 --> 01:16:52.580] OK, thank you. This is Randy Kelton, Brett Fountain, Wheel of Law Radio. [01:16:52.580 --> 01:16:59.580] We have a full board of callers, so I won't give out the call number. Hang on. We'll be right back. [01:16:59.580 --> 01:17:05.580] Are you looking to have a closer relationship with God and a better understanding of His Word? [01:17:05.580 --> 01:17:11.580] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk, [01:17:11.580 --> 01:17:16.580] where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15. [01:17:16.580 --> 01:17:23.580] Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the Word of Truth. [01:17:23.580 --> 01:17:31.580] Starting in January, our first hour studies are in the Book of Mark, where we'll go verse by verse and discuss the true Gospel message. [01:17:31.580 --> 01:17:38.580] Our second hour topical studies will vary each week with discussions on sound doctrine and Christian character development. [01:17:38.580 --> 01:17:43.580] We wish to reflect God's light and be a blessing to all those with a hearing ear. [01:17:43.580 --> 01:17:49.580] Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus. [01:17:49.580 --> 01:18:00.580] So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures. [01:18:00.580 --> 01:18:06.580] Through advances in technology, our lives have greatly improved, except in the area of nutrition. [01:18:06.580 --> 01:18:11.580] People feed their pets better than they feed themselves, and it's time we changed all that. [01:18:11.580 --> 01:18:17.580] Our primary defense against aging and disease in this toxic environment is good nutrition. [01:18:17.580 --> 01:18:25.580] In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can provide the nutrients you need. [01:18:25.580 --> 01:18:31.580] Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject. [01:18:31.580 --> 01:18:39.580] We have come to trust young Jevity so much, we became a marketing distributor along with Alex Jones, Ben Fuchs, and many others. [01:18:39.580 --> 01:18:47.580] When you order from LogosRadioNetwork.com, your health will improve as you help support quality radio. [01:18:47.580 --> 01:18:51.580] As you realize the benefits of young Jevity, you may want to join us. [01:18:51.580 --> 01:18:58.580] As a distributor, you can experience improved health, help your friends and family, and increase your income. [01:18:58.580 --> 01:19:00.580] Order now. [01:19:00.580 --> 01:19:10.580] This is the Logos Radio Network. [01:19:30.580 --> 01:19:58.580] Okay, we are back. [01:19:58.580 --> 01:20:03.580] Randy Kelton, Brett Fountain, Wheel of Life Radio, and we're going to Ted in California. [01:20:03.580 --> 01:20:08.580] Hello, Ted, what do you have for us today? [01:20:08.580 --> 01:20:17.580] Dr. Kelton and bus driver Brett, good evening. [01:20:17.580 --> 01:20:30.580] I really just called in because of my concern of time limit to sue Goldman, the public defender who screamed at me, [01:20:30.580 --> 01:20:34.580] why don't I have another heart attack and die? [01:20:34.580 --> 01:20:42.580] I'm concerned that I only have one year to file that lawsuit. [01:20:42.580 --> 01:20:49.580] No, this is not like you're not suing for false imprisonment. [01:20:49.580 --> 01:20:52.580] That's a year. [01:20:52.580 --> 01:20:58.580] And almost everything else in civil is two years, some four. [01:20:58.580 --> 01:21:00.580] I think fraud is even longer. [01:21:00.580 --> 01:21:05.580] But look at your statute of limitations for California. [01:21:05.580 --> 01:21:12.580] I'm relatively certain you're going to have two years. [01:21:12.580 --> 01:21:25.580] And then the caller with the real estate issue down in San Diego area sounds like he is caught up in the bureaucracy [01:21:25.580 --> 01:21:32.580] of the California Department of Real Estate, and he's not in a civil court. [01:21:32.580 --> 01:21:41.580] He's going to be, they have their own processes, and it's going to be like a committee type of thing, [01:21:41.580 --> 01:21:46.580] unless I missed something in what he was talking about. [01:21:46.580 --> 01:21:49.580] So he heads up on that. [01:21:49.580 --> 01:21:52.580] He's there. [01:21:52.580 --> 01:21:54.580] I don't have the words right now. [01:21:54.580 --> 01:21:56.580] When you were talking to him, I did. [01:21:56.580 --> 01:22:03.580] But basically, it's a bureaucracy. [01:22:03.580 --> 01:22:05.580] They make their own rules. [01:22:05.580 --> 01:22:14.580] And he should be asking for it to be dismissed because of their failure to prosecute it. [01:22:14.580 --> 01:22:20.580] And they set two hearing dates and failed to have the hearing. [01:22:20.580 --> 01:22:26.580] But Randy, I think what he's up against is the California Department of Real Estate. [01:22:26.580 --> 01:22:34.580] And last time I had trouble with them, I called the governor. [01:22:34.580 --> 01:22:42.580] And two hours later, the second banana in the California Department of Real Estate was on the phone with me. [01:22:42.580 --> 01:22:50.580] And the first thing he said is, Mr. Scarlet, please, please just give me a moment to speak. [01:22:50.580 --> 01:23:04.580] I want you to know that you have every right to be upset and angry, and I am going to get this fixed. [01:23:04.580 --> 01:23:09.580] I don't know who you called, but please. [01:23:09.580 --> 01:23:13.580] Don't do that again. [01:23:13.580 --> 01:23:17.580] And that guy, I still have his name and number. [01:23:17.580 --> 01:23:24.580] Like I said, he is the second banana in the California Department of Real Estate. [01:23:24.580 --> 01:23:33.580] But no, just to finish, if I end up losing you guys, it's because the battery on my phone is about to die. [01:23:33.580 --> 01:23:37.580] And I'm up here taking care of my mom in Oregon. [01:23:37.580 --> 01:23:46.580] So, you know, you know that my seven and a half year ordeal is over. [01:23:46.580 --> 01:23:54.580] Officially and permanently on December 2nd, it will be over. [01:23:54.580 --> 01:24:05.580] And what they're calling, what they're saying is that it's going to be completely wiped out as if it never happened. [01:24:05.580 --> 01:24:08.580] Court records will be sealed. [01:24:08.580 --> 01:24:11.580] Absolutely not. [01:24:11.580 --> 01:24:21.580] Well, the reason they want to seal the court record is because I got a six foot high stack of pleading into the case and they don't want anybody to see that stuff. [01:24:21.580 --> 01:24:22.580] Exactly. [01:24:22.580 --> 01:24:24.580] You should object to that. [01:24:24.580 --> 01:24:28.580] This is just a standard criminal case. [01:24:28.580 --> 01:24:37.580] First, get it dismissed, then go back and file to have the case unsealed. [01:24:37.580 --> 01:24:41.580] There's no reason to seal this case. [01:24:41.580 --> 01:24:43.580] You know, what grounds would they give? [01:24:43.580 --> 01:24:46.580] When somebody has a motion for something, they have to say why. [01:24:46.580 --> 01:24:49.580] They have to give good grounds. [01:24:49.580 --> 01:24:55.580] Well, this is a thing that they do out here. [01:24:55.580 --> 01:25:03.580] They call it, I forget the word that they use, but the circumstance... [01:25:03.580 --> 01:25:07.580] Shielding from prosecution. [01:25:07.580 --> 01:25:12.580] Well, the bottom line is I don't feel any better. [01:25:12.580 --> 01:25:28.580] In a lot of ways, I feel worse because they never had a case and right before we got to about two weeks before trial, I discovered a ruling of the US Supreme Court. [01:25:28.580 --> 01:25:41.580] And in their ruling, they cited a California Supreme Court ruling regarding this fraud charge that they added to me after the preliminary hearing. [01:25:41.580 --> 01:25:46.580] And it as well is an impossibility. [01:25:46.580 --> 01:25:55.580] So basically, these guys charged me with two felonies that don't apply at all whatsoever. [01:25:55.580 --> 01:26:00.580] And that's why I can't even come up with the right terminology when I speak to somebody. [01:26:00.580 --> 01:26:12.580] I was levied with two felony charges and they simply, it doesn't make any sense and they don't apply to a quick claim deed. [01:26:12.580 --> 01:26:20.580] And not only under the circumstances of this quick claim deed, but just in general, they don't. [01:26:20.580 --> 01:26:25.580] I don't even know if you call that bogus charges, false charges. [01:26:25.580 --> 01:26:31.580] Yeah, the legal term is bogus. [01:26:31.580 --> 01:26:46.580] Okay, but, you know, to try to explain to somebody that I was charged and so they think, oh, okay, you're charged with something and you didn't do it. [01:26:46.580 --> 01:26:49.580] That's not what happened here. [01:26:49.580 --> 01:26:57.580] Yeah. You were charged with something that you couldn't do. [01:26:57.580 --> 01:27:01.580] I was charged with something that I had every right to do. [01:27:01.580 --> 01:27:04.580] Something that's not a crime. [01:27:04.580 --> 01:27:07.580] It's not a crime. [01:27:07.580 --> 01:27:20.580] And so it's very difficult for people to wrap their head around that and all those defense lawyers I went through, they couldn't wrap their head around it. [01:27:20.580 --> 01:27:29.580] Especially since it's been going on for so many years, it seems like, boy, that guy, Ken, he must be lying about something. [01:27:29.580 --> 01:27:34.580] They probably got him for something heavy duty. [01:27:34.580 --> 01:27:44.580] Yeah. And so now it all goes away and I'm sitting here with my life in a million pieces in front of me. [01:27:44.580 --> 01:27:51.580] Well, now you take the driver's seat. [01:27:51.580 --> 01:27:56.580] It's your turn. [01:27:56.580 --> 01:28:05.580] And with as much wrong as they have, when you file the suit, they're likely to come to the table and make you an offer. [01:28:05.580 --> 01:28:14.580] Oh, Randy, come on. You know, Santa Clara County doesn't. They litigate to the end on everything. [01:28:14.580 --> 01:28:19.580] Sue them in the Fed personally. [01:28:19.580 --> 01:28:31.580] It's what it's going to take. And let me remind you, I did file a federal lawsuit just prior to this trial date and that is still open and pending. [01:28:31.580 --> 01:28:42.580] I put a fee waiver in with it and the federal court has not denied or approved even my fee waiver yet, which is kind of strange. [01:28:42.580 --> 01:28:51.580] They normally do it in a day or two and we're two and a half weeks past now and absolutely nothing going on up there. [01:28:51.580 --> 01:28:58.580] You know, what I'm asking that court to do is tell the lower court, stop, stop now. [01:28:58.580 --> 01:29:02.580] Seven and a half years is too long to prosecute somebody. [01:29:02.580 --> 01:29:11.580] And that's one of the things I was asking for. And then different than the last suit I filed up there, I asked for money, monetary damages this time. [01:29:11.580 --> 01:29:19.580] But I want to start over. I think. [01:29:19.580 --> 01:29:24.580] Well, if you want to start over, file an amended. [01:29:24.580 --> 01:29:28.580] You get a free you get one free amended. [01:29:28.580 --> 01:29:37.580] I think I can prove that all of them work together to steal my house. [01:29:37.580 --> 01:29:43.580] Rico, they really hate Rico. [01:29:43.580 --> 01:29:45.580] OK, hang on. [01:29:45.580 --> 01:29:51.580] Randa Kelton, Brett Fountain, Lou of La Radio won't give up. Call that number. Call Boards full. [01:29:51.580 --> 01:30:02.580] Hang on. We'll be right back. [01:30:02.580 --> 01:30:06.580] Reality TV, sugar, obesity, jet lag. [01:30:06.580 --> 01:30:09.580] All the things that makes us dumber just keeps on growing. [01:30:09.580 --> 01:30:12.580] But now researchers say we can add stress to the list. [01:30:12.580 --> 01:30:16.580] Dr. Catherine Albrecht back with details in a moment. [01:30:16.580 --> 01:30:18.580] Privacy is under attack. [01:30:18.580 --> 01:30:21.580] When you give up data about yourself, you'll never get it back again. [01:30:21.580 --> 01:30:26.580] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [01:30:26.580 --> 01:30:32.580] So protect your rights. Say no to surveillance and keep your information to yourself. [01:30:32.580 --> 01:30:34.580] Privacy. It's worth hanging on to. [01:30:34.580 --> 01:30:41.580] This message is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo and Bing. [01:30:41.580 --> 01:30:45.580] Start over with Startpage. [01:30:45.580 --> 01:30:48.580] Are you always on the go and juggling multiple projects? [01:30:48.580 --> 01:30:51.580] If so, you might think that multitasking proves you're smart. [01:30:51.580 --> 01:30:55.580] But think again. All that stress might be eating your brain. [01:30:55.580 --> 01:30:59.580] A new study finds stress reduces the number of connections between neurons, [01:30:59.580 --> 01:31:03.580] which actually makes it harder for people to manage problems. [01:31:03.580 --> 01:31:10.580] Researchers at Yale University found that stressed-out people have less gray matter in their prefrontal cortex. [01:31:10.580 --> 01:31:15.580] That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions. [01:31:15.580 --> 01:31:20.580] So take a deep breath and chill out. It'll help keep your mind as sharp as a tack. [01:31:20.580 --> 01:31:30.580] I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine. [01:31:30.580 --> 01:31:35.580] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [01:31:35.580 --> 01:31:37.580] The government says that fire brought it down. [01:31:37.580 --> 01:31:42.580] However, 1,500 architects and engineers concluded it was a controlled demolition. [01:31:42.580 --> 01:31:45.580] Over 6,000 of my fellow service members have given their lives. [01:31:45.580 --> 01:31:48.580] Thousands of my fellow first responders are dying. [01:31:48.580 --> 01:31:50.580] I'm not a conspiracy theorist. I'm a structural engineer. [01:31:50.580 --> 01:31:53.580] I'm a New York City correction officer. I'm an Air Force pilot. [01:31:53.580 --> 01:31:57.580] I'm a father who lost his son. We're Americans, and we deserve the truth. [01:31:57.580 --> 01:32:00.580] Go to RememberBuilding7.org today. [01:32:27.580 --> 01:32:31.580] In conjunction with Rule of Law Radio has put together the most comprehensive teaching tool available [01:32:31.580 --> 01:32:35.580] that will help you understand what due process is and how to hold courts to the rule of law. [01:32:35.580 --> 01:32:39.580] You can get your own copy of this invaluable material by going to ruleoflawradio.com [01:32:39.580 --> 01:32:40.580] and ordering your copy today. [01:32:40.580 --> 01:32:44.580] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [01:32:44.580 --> 01:32:47.580] The Law Versus the Lie, video and audio of the original 2009 seminar, [01:32:47.580 --> 01:32:50.580] hundreds of research documents, and other useful resource material. [01:32:50.580 --> 01:32:54.580] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [01:32:54.580 --> 01:33:01.580] Order your copy today, and together we can have the free society we all want and deserve. [01:33:01.580 --> 01:33:12.580] You are listening to the Logos Radio Network, logosradio.com. [01:33:12.580 --> 01:33:24.580] Yeah, who you want to chip? Who you take me for? Free Tully? Who you want to chip? Me no free Tully. You can't chip me. Oh, I'm sorry. [01:33:24.580 --> 01:33:26.580] One of them chip you in the morning, chip you in the evening, put a chip in your body. [01:33:26.580 --> 01:33:30.580] And then when you go computer reading, you can't hide me from nobody. [01:33:30.580 --> 01:33:38.580] When me say chip in your mom, chip in your daddy, chip in your grandpa and the granny, chip in me, chip in your baby, [01:33:38.580 --> 01:33:43.580] chip in your family, whole family, chip in your dad and the cap around me. [01:33:43.580 --> 01:33:45.580] Okay, we are back. [01:33:45.580 --> 01:33:50.580] Randy Carlton with Fountain Wheel Radio, and we're talking to Ted in California. [01:33:50.580 --> 01:33:57.580] Okay, Ted, so have you considered a RICO suit? [01:33:57.580 --> 01:34:02.580] Well, absolutely, but I didn't think that I can do a RICO. [01:34:02.580 --> 01:34:07.580] I thought it had to be a government agency that can only do a RICO. [01:34:07.580 --> 01:34:11.580] Oh, no, no, no. Anyone can do a RICO. [01:34:11.580 --> 01:34:18.580] I'm setting up the state of Texas to do a RICO suit against the state. [01:34:18.580 --> 01:34:26.580] Well, by suing Goldman, the public defender, I get to depose him. [01:34:26.580 --> 01:34:32.580] And I think I can start turning these people against each other. [01:34:32.580 --> 01:34:38.580] The DA, the district attorney, Jeffery Francis Rosen, is the kingpin. [01:34:38.580 --> 01:34:45.580] But I think the county board of supervisors are somewhat involved. [01:34:45.580 --> 01:34:47.580] They're all involved. [01:34:47.580 --> 01:34:56.580] And remember, the county supervisors are paying monies to these judges. [01:34:56.580 --> 01:35:00.580] And that's where you see the connection. [01:35:00.580 --> 01:35:09.580] And I'm also going to be bringing out that the county seems to be invested in stealing people's homes, [01:35:09.580 --> 01:35:14.580] especially people who have been in their homes for a long time, [01:35:14.580 --> 01:35:21.580] because in California, the property tax situation, they hate us, [01:35:21.580 --> 01:35:29.580] because we have Prop 13 that protects us from these outrageous property taxes. [01:35:29.580 --> 01:35:33.580] Is it like grandfathered in over a long period of time? [01:35:33.580 --> 01:35:38.580] So then you can't be, I can't extract as much money from you? [01:35:38.580 --> 01:35:41.580] Yeah. Well, just, Brett, quick example. [01:35:41.580 --> 01:35:48.580] They're getting an additional $10,000 a year off of my home because they got me out of it. [01:35:48.580 --> 01:35:53.580] Just one home. [01:35:53.580 --> 01:36:00.580] So who are the principals in the county who's doing this? [01:36:00.580 --> 01:36:06.580] What I'm getting at is that the county board of supervisors know this stuff is going on. [01:36:06.580 --> 01:36:11.580] Then sue the county board of supervisors personally? [01:36:11.580 --> 01:36:14.580] Yes, and the county executive. [01:36:14.580 --> 01:36:17.580] And charge them with RICO? [01:36:17.580 --> 01:36:19.580] Yes, they're part of it. [01:36:19.580 --> 01:36:24.580] Again, remember, these guys put in writing, the district attorney put in writing, [01:36:24.580 --> 01:36:33.580] that they wouldn't put me in prison if I would agree to not sue the guy that stole my house and all my belongings. [01:36:33.580 --> 01:36:41.580] They specifically said his name, Jake Zang, and they said that I would not sue to get my house back. [01:36:41.580 --> 01:36:46.580] And for that, they would not put me in prison. [01:36:46.580 --> 01:36:53.580] And when you didn't agree, they kept you in court on being prosecuted, [01:36:53.580 --> 01:36:59.580] trying to run you out of time to sue the individual. [01:36:59.580 --> 01:37:09.580] However, by mentioning this guy's name, that ties them all into an ongoing criminal conspiracy [01:37:09.580 --> 01:37:13.580] that will keep the clock from ticking. [01:37:13.580 --> 01:37:16.580] Ticking down, yes, correct. [01:37:16.580 --> 01:37:20.580] And I also remember when I wouldn't take a deal, [01:37:20.580 --> 01:37:28.580] that's when they added the second felony charge that's totally bogus in legal terms right there, Randy. [01:37:28.580 --> 01:37:33.580] That gives you a much, much stronger RICO case. [01:37:33.580 --> 01:37:39.580] And when I went to file charges against this guy for stealing my belongings out of the house, [01:37:39.580 --> 01:37:45.580] they threatened me with six more felony counts. [01:37:45.580 --> 01:37:49.580] So this is horrible. [01:37:49.580 --> 01:37:55.580] This is incredibly outrageous, and you need to get it the heck out of California. [01:37:55.580 --> 01:38:03.580] Get them up in the Fed, best if you could sue them in D.C. [01:38:03.580 --> 01:38:08.580] Yeah, because suing them in the federal court that sits there in San Jose, [01:38:08.580 --> 01:38:14.580] the judges there, they're just, they came out of this superior court. [01:38:14.580 --> 01:38:17.580] They're bought and paid for. [01:38:17.580 --> 01:38:20.580] Correct. [01:38:20.580 --> 01:38:33.580] And I think that hopefully this election that's coming up is going to turn things back in favor of an opposition political party being able, [01:38:33.580 --> 01:38:41.580] you know, you got one political party ruling the state, and that's how you get tyranny. [01:38:41.580 --> 01:38:45.580] And I'm going to go ahead and cut it there. [01:38:45.580 --> 01:38:49.580] I'll try to call in tomorrow night. [01:38:49.580 --> 01:38:55.580] And, you know, maybe we can talk a little bit more about it. [01:38:55.580 --> 01:39:08.580] I'm just sick, and I've been severely tortured and terrorized for seven and a half years, almost killed me. [01:39:08.580 --> 01:39:12.580] And over what? [01:39:12.580 --> 01:39:17.580] It's time to take it back to them. [01:39:17.580 --> 01:39:21.580] Okay, Ted, call in tomorrow night. [01:39:21.580 --> 01:39:27.580] Thank you for calling. And now we're going to go to Steve in Texas. [01:39:27.580 --> 01:39:29.580] Hello, Steve. [01:39:29.580 --> 01:39:36.580] What do you have for us today? [01:39:36.580 --> 01:39:41.580] Hello, Steve. [01:39:41.580 --> 01:39:44.580] I'm not hearing Steve. [01:39:44.580 --> 01:39:47.580] Well, we must have put him to sleep. [01:39:47.580 --> 01:39:51.580] Okay. Are you there? [01:39:51.580 --> 01:39:52.580] Yes, I am. [01:39:52.580 --> 01:39:54.580] All right. [01:39:54.580 --> 01:40:01.580] I missed part of Olivier's call last week. Didn't he say that lawyers were prohibited from having a side gig? [01:40:01.580 --> 01:40:07.580] That wasn't Olivier. Who was that, Brett? That was T9. T9, Colbrook. [01:40:07.580 --> 01:40:15.580] Okay. Well, wouldn't your retired judge be a side gig if he still got a law practice? [01:40:15.580 --> 01:40:18.580] Yes. [01:40:18.580 --> 01:40:27.580] Oh, you've got a retired judge that's renewed his license, and he's sitting as a judge? [01:40:27.580 --> 01:40:29.580] Well, that's interesting. [01:40:29.580 --> 01:40:38.580] Well, the last speeding trial I had, they brought in a retired judge, and he mentioned that he had a law practice. [01:40:38.580 --> 01:40:49.580] Then send me an email, Randy at ruleoflawradio.com, and I will get it, asking for this information, and I'll get it to Tina. [01:40:49.580 --> 01:40:51.580] Okay. [01:40:51.580 --> 01:40:57.580] I have to watch out with Tina. She can be a little, what's the term, Brett? [01:40:57.580 --> 01:40:59.580] Charmy? [01:40:59.580 --> 01:41:04.580] No, I was going to say churlish. [01:41:04.580 --> 01:41:09.580] Brett's playing it safe. He ain't no fool. [01:41:09.580 --> 01:41:11.580] Okay. [01:41:11.580 --> 01:41:21.580] Okay. The other deal I've got is yours, and Eddie's discussion on whether or not a clerk can file a complaint. [01:41:21.580 --> 01:41:22.580] Yes. [01:41:22.580 --> 01:41:30.580] A clerk couldn't file a complaint. You said the clerk could. I might make it clear to you, right? A clerk, as a credible person, can file a complaint. [01:41:30.580 --> 01:41:40.580] Yes. Anybody can file a criminal complaint other than the prosecutor who will prosecute the case. [01:41:40.580 --> 01:41:49.580] Okay. Well, I agree with you on that, but my thought on that also is the clerk is an officer of the court. [01:41:49.580 --> 01:41:56.580] So if the clerk files a complaint in her court, is the court both the complainant and the trier of fact? [01:41:56.580 --> 01:42:00.580] No. The clerk is separate from the court. [01:42:00.580 --> 01:42:03.580] Okay. I thought the clerk was an officer of the court. [01:42:03.580 --> 01:42:08.580] The clerk is elected separately from the court. [01:42:08.580 --> 01:42:10.580] Okay. [01:42:10.580 --> 01:42:19.580] You know, the judges gripe at the clerks. Man, if I would got elected a clerk, I'd tell that judge to go scratch. [01:42:19.580 --> 01:42:23.580] Okay. Well, I just thought the clerk was an officer of the court. [01:42:23.580 --> 01:42:32.580] No, no. Well, unless it's a municipal or JP, that's where the judge hires them. But they're not really an officer of the court. [01:42:32.580 --> 01:42:39.580] They don't give up their rights when they go to work for the judge. [01:42:39.580 --> 01:42:47.580] But they do have some functions that they perform that are the same kind of functions that a magistrate could do. [01:42:47.580 --> 01:42:55.580] And it seems like it would be a fuzzy area that you could pick at, you know, grab a handful of yarn and start pulling. [01:42:55.580 --> 01:43:06.580] It would be a first-blush issue. And Eddie Craig is working on that issue right now. [01:43:06.580 --> 01:43:12.580] Okay. Well, I was just thinking since, like, in my traffic ticket, the clerks went and actually filed a complaint. [01:43:12.580 --> 01:43:17.580] Yeah, that happens in most cases. They- [01:43:17.580 --> 01:43:21.580] You're on the stand. And as to why she did that, as she said, was because the judge told her that that's what she's supposed to do. [01:43:21.580 --> 01:43:26.580] Wouldn't that make the monkey wrenching of their plan? [01:43:26.580 --> 01:43:34.580] Yeah. But it doesn't matter. It's legal. [01:43:34.580 --> 01:43:37.580] Okay. Well, I don't know if it's going to matter off the two things. [01:43:37.580 --> 01:43:43.580] Well, if the clerks saw a crime being committed, she can report it. It's like anybody else can. [01:43:43.580 --> 01:43:46.580] Well, that's different than having the judge tell her that that's what she needs to do. [01:43:46.580 --> 01:43:55.580] Well, she's been given information that gives her reason to believe. And if she believes it, then she has the duty to report it. [01:43:55.580 --> 01:44:08.580] Okay. You're posted. [01:44:25.580 --> 01:44:48.580] Okay. [01:44:48.580 --> 01:45:03.580] Okay. [01:45:03.580 --> 01:45:31.580] Okay. [01:45:31.580 --> 01:45:59.580] Okay. [01:46:01.580 --> 01:46:22.580] Hello? Oh, man. She in jail. She got busted. Oh, man, I'm broke, dude. [01:46:22.580 --> 01:46:49.580] Okay. [01:46:49.580 --> 01:46:52.580] We are back. Randy Kelton, Brett Fountain, Rule of Law Radio. [01:46:52.580 --> 01:47:00.580] We're talking to Steve in Texas about clerks filing complaints. [01:47:00.580 --> 01:47:14.580] Now, we could argue that issue, but it's one of those issues that are really kind of doesn't make any difference. [01:47:14.580 --> 01:47:31.580] This would be, would not matter at all if there was a proper examining trial, then the clerk would not need to because the JP would do it. [01:47:31.580 --> 01:47:38.580] The complainant would file the complaint with the JP and the JP would file the complaint with the clerk. [01:47:38.580 --> 01:47:47.580] So having the clerk do this means they're bypassing a step in the procedure and that might be a way to argue it. [01:47:47.580 --> 01:47:51.580] Brett, what do you think? [01:47:51.580 --> 01:47:53.580] The due process is important. [01:47:53.580 --> 01:48:09.580] Yeah. This means if the clerk filed a complaint, she can't file the complaint if the person has been arrested because they were required to be brought before a magistrate. [01:48:09.580 --> 01:48:27.580] So they only do that, okay, they do that with traffic tickets. Okay. Traffic tickets, I can see because the guy, the person signed a promise to appear and file that with the clerk. [01:48:27.580 --> 01:48:46.580] Then the clerk can file the complaint, but she needs to give that to some magistrate, not to the trial judge. Now, the trial judge may be the same person, but when she gives him the complaint, she gives it to the judge in his capacity as a magistrate. [01:48:46.580 --> 01:49:02.580] So the problem here appears to be that the clerk, the judge did not accept it in his capacity as a magistrate. [01:49:02.580 --> 01:49:07.580] He accepted it in the capacity of a trial judge. [01:49:07.580 --> 01:49:11.580] Yeah, now that makes sense. That's solid. [01:49:11.580 --> 01:49:17.580] So this is how we can make the argument of how that's wrong. [01:49:17.580 --> 01:49:45.580] Because if they were arrested, the person who made the accusation, okay, the policeman arrests them, they sign the promise to appear. The policeman takes the promise to appear to the clerk and the clerk has to then, I don't know of anything in the code that tells the clerk what to do at this point. [01:49:45.580 --> 01:50:01.580] Well, the clerk doesn't have any duty yet, but if she sees that somebody alleged facts and they haven't been brought to the magistrate, then she can file a complaint or anybody could. [01:50:01.580 --> 01:50:03.580] And give it to the magistrate. [01:50:03.580 --> 01:50:10.580] Exactly. And then the magistrate would have a duty to either issue a summons or a warrant, depends on some different stuff. [01:50:10.580 --> 01:50:25.580] So the fact that the clerk filed it implicates the magistrate because the clerk filed it and the magistrate did not order an examining trial. [01:50:25.580 --> 01:50:45.580] Or when the person showed up, here I'm speaking to tickets, but the county clerks regularly collect all the complaints for people who've been arrested and they file the complaints themselves. [01:50:45.580 --> 01:51:06.580] And all this implicates, if it's not a Class C misdemeanor, if the person was arrested, that it implicates the arresting officer for first degree felony aggravated assault because he arrested the person, took them to jail, instead of taking them to a magistrate the way he was required to. [01:51:06.580 --> 01:51:16.580] And he's wearing a pistol while he did it, that implicates 2202B2A, first degree felony aggravated assault. [01:51:16.580 --> 01:51:37.580] And then they brought them before someone who did this thing that's called a magistration that's authorized in 15.17, but only if a person is arrested on an existing warrant out of county. [01:51:37.580 --> 01:51:40.580] And you're out of county. [01:51:40.580 --> 01:51:53.580] And they do this, notify them of their rights and their charges, and then send them to the county of original jurisdiction and there they get an examining trial. [01:51:53.580 --> 01:51:58.580] So they took that procedure and used it in every case. [01:51:58.580 --> 01:52:08.580] So whatever that person who claims to be a magistrate is doing, it's not anything authorized by law. [01:52:08.580 --> 01:52:13.580] But they don't send the paperwork to the clerk. [01:52:13.580 --> 01:52:19.580] The sheriff keeps it, or the jail keeps it. [01:52:19.580 --> 01:52:22.580] And this was a question I raised in Victoria County. [01:52:22.580 --> 01:52:27.580] I asked the clerk, how do you initiate a prosecution? [01:52:27.580 --> 01:52:30.580] Well, I just file these papers. [01:52:30.580 --> 01:52:47.580] Well, 17.30 commands the magistrate who held the examining trial to seal all documents had in the hearing cause's name and be written across to seal the envelope and forward it to you. [01:52:47.580 --> 01:52:51.580] Where are those documents? [01:52:51.580 --> 01:52:55.580] They're not in the clerk's hands. [01:52:55.580 --> 01:52:57.580] The clerk doesn't have. [01:52:57.580 --> 01:52:59.580] Wait a minute. [01:52:59.580 --> 01:53:14.580] If it's not a traffic ticket and it's not a municipal court or JP, then the clerk doesn't have the charging instrument or the statement of, statement of cause. [01:53:14.580 --> 01:53:23.580] So now the clerk doesn't have anything on which to base her claim. [01:53:23.580 --> 01:53:27.580] The law commanded these documents to be sent to the clerk. [01:53:27.580 --> 01:53:32.580] If she had them, then she would have reason to believe that a crime has been committed. [01:53:32.580 --> 01:53:36.580] But she doesn't have anything to give her reason to believe. [01:53:36.580 --> 01:53:43.580] So Steve, are you speaking to traffic or something higher level? [01:53:43.580 --> 01:53:46.580] I'm speaking mainly to traffic. [01:53:46.580 --> 01:53:49.580] Excuse me, since that's what 80 mainly deals with. [01:53:49.580 --> 01:54:00.580] Okay. Well, the problem with magic, the clerk doesn't file the complaint in traffic. [01:54:00.580 --> 01:54:07.580] The officer files the citation and the citation is used as a complaint, but there are problems with that. [01:54:07.580 --> 01:54:13.580] Well, in my case, since I filed all of your paperwork, the clerk filed a verified complaint. [01:54:13.580 --> 01:54:20.580] It was witnessed by another clerk that we're trying to cover all our bases, I guess. [01:54:20.580 --> 01:54:23.580] Well, that's good. That's good that they did that. [01:54:23.580 --> 01:54:25.580] Pay attention. [01:54:25.580 --> 01:54:28.580] I made some stupid mistakes in the law, which I won't do again. [01:54:28.580 --> 01:54:30.580] And I'm getting discouraged on that, Randy. [01:54:30.580 --> 01:54:36.580] I've had two city cops sitting on the shoulder, one of them running the laser, doing about 14 over. [01:54:36.580 --> 01:54:41.580] And I passed a highway patrolman and I've had a Dallas cop flash his lights at me and I kept going. [01:54:41.580 --> 01:54:44.580] Didn't slow down like he wanted me to and he just ignored me and went home. [01:54:44.580 --> 01:54:49.580] I'm getting discouraged. I'm getting another one. [01:54:49.580 --> 01:54:53.580] Those kind of speed traps are not legal. [01:54:53.580 --> 01:54:57.580] Well, I know the city one ain't legal. [01:54:57.580 --> 01:55:10.580] The guy pulling the trigger on the gun, he's the one that has personally has seen or heard a crime being committed. [01:55:10.580 --> 01:55:13.580] Nobody else has. [01:55:13.580 --> 01:55:20.580] And we've had its case law on that, that the guy who pulls the trigger has to make the stop. [01:55:20.580 --> 01:55:27.580] It's convenient for the police to have one guy pulling the trigger, another guy writing the tickets, but he can't do that. [01:55:27.580 --> 01:55:30.580] Yeah, but the guy that writes the tickets going on hearsay. [01:55:30.580 --> 01:55:32.580] Yeah, exactly. [01:55:32.580 --> 01:55:38.580] The officer did not personally see or hear. [01:55:38.580 --> 01:55:43.580] So to me, that would be the same principle with getting a ticket being placed by an airplane. [01:55:43.580 --> 01:55:44.580] Yeah. [01:55:44.580 --> 01:55:46.580] So you do it. [01:55:46.580 --> 01:55:50.580] That's all been stopped because of this. [01:55:50.580 --> 01:56:01.580] These cameras, these traffic cameras, they've all been struck down in the courts. [01:56:01.580 --> 01:56:07.580] But these municipalities use them anyway because it takes a while for someone to raise the issue. [01:56:07.580 --> 01:56:12.580] And by the time they get it done, the city's collected a whole bunch of money. [01:56:12.580 --> 01:56:13.580] Yeah. [01:56:13.580 --> 01:56:15.580] Then they just tell them to stop. [01:56:15.580 --> 01:56:17.580] They don't punish them. [01:56:17.580 --> 01:56:24.580] Well, it seems to me that the people who got the traffic ticket and paid the fine would have a case for a suit, [01:56:24.580 --> 01:56:28.580] since if it was illegal today, then it was illegal last month. [01:56:28.580 --> 01:56:32.580] They do, but 99.9% just pay it. [01:56:32.580 --> 01:56:39.580] Seventy-three percent just pay the ticket. [01:56:39.580 --> 01:56:42.580] Twenty-seven percent raise an objection. [01:56:42.580 --> 01:56:45.580] They called in for one of these. [01:56:45.580 --> 01:56:54.580] They're subpoenaed to court to meet with the prosecutor, and 99% of those take a deal. [01:56:54.580 --> 01:57:03.580] So for showing up, the prosecutor lowers the fine and such, so 99.9% just pay the fine. [01:57:03.580 --> 01:57:05.580] There aren't that many that'll stand up. [01:57:05.580 --> 01:57:06.580] Right. [01:57:06.580 --> 01:57:07.580] That's why they can get away with this. [01:57:07.580 --> 01:57:09.580] That's why they can do it this way. [01:57:09.580 --> 01:57:10.580] Yeah. [01:57:10.580 --> 01:57:15.580] Well, I know there was a deal in Georgia about, oh, I'm guessing now, 25, 30 years ago. [01:57:15.580 --> 01:57:22.580] I read in the paper where they determined that all the tickets written under these circumstances were illegal. [01:57:22.580 --> 01:57:29.580] And the people went to get their money back, and the court said, no, you played guilty and paid the fine, [01:57:29.580 --> 01:57:34.580] so you don't get your money back, even though the way the ticket was written to you was illegal. [01:57:34.580 --> 01:57:35.580] Okay. [01:57:35.580 --> 01:57:40.580] That should have been challenged, because if it was illegal, the court never had jurisdiction. [01:57:40.580 --> 01:57:42.580] It doesn't matter what you played. [01:57:42.580 --> 01:57:45.580] But that's what they do. [01:57:45.580 --> 01:57:46.580] Yeah. [01:57:46.580 --> 01:57:47.580] Okay. [01:57:47.580 --> 01:57:49.580] We are out of time. [01:57:49.580 --> 01:57:50.580] Okay. [01:57:50.580 --> 01:57:56.580] Jason, we had a new first-time caller, and I'm sorry we couldn't get to you. [01:57:56.580 --> 01:58:04.580] If you'll call back tomorrow night, we'll do our four-hour infold marathon, so we'll get to everybody. [01:58:04.580 --> 01:58:12.580] John in New York, Jason, and I don't know who the 970 looks like a first-time caller. [01:58:12.580 --> 01:58:15.580] I always take the first-time callers first. [01:58:15.580 --> 01:58:16.580] Call in tomorrow. [01:58:16.580 --> 01:58:17.580] We'll take you. [01:58:17.580 --> 01:58:19.580] Thank you all for listening. [01:58:19.580 --> 01:58:28.580] We'll be back tomorrow night at 8 o'clock Central for our four-hour info marathon. [01:58:28.580 --> 01:58:32.580] Okay, Brett, you've got 20 seconds to say something really insightful, [01:58:32.580 --> 01:58:38.580] because I did the outro too soon. [01:58:38.580 --> 01:58:39.580] Bail me out here. [01:58:39.580 --> 01:58:42.580] Well, I think this is a really good evening here. [01:58:42.580 --> 01:58:44.580] We had some good callers. [01:58:44.580 --> 01:58:46.580] Looking forward to tomorrow. [01:58:46.580 --> 01:58:49.580] Thank you all for listening. 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