ROL_2014-05-23_16k_Hr3-4.timecode

[00:00.000 --> 00:07.800]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
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[00:08.800 --> 00:13.920]  I'm Brian Hagan with your Liberty Beat for Friday, May 23rd, 2014.
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[00:57.200 --> 01:02.520]  In the news, nearly every phone call in Afghanistan, domestic and international, is being recorded
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[01:08.040 --> 01:12.880]  Afghanistan as the country that other media outlets had previously referred to only as
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[01:37.800 --> 01:42.680]  the new bill, the NSA would have to limit its data collection to specific terms. However,
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[01:51.060 --> 01:58.200]  collect Americans' information. On Tuesday, the Obama administration announced the release
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[02:03.520 --> 02:09.920]  al-Awlaki. Solicitor General Donald B. Verrill Jr. decided not to appeal a recent court decision
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[02:14.240 --> 02:18.400]  written by Harvard law professor David J. Barron, will be reviewed and redacted before
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[02:50.760 --> 03:17.760]  This is the Liberty Beat for Friday, May 23rd, 2014. Check out the website at theLibertyBeat.com.
[03:17.760 --> 03:31.160]  Okay, we are back. Randy Kelton, Steve Skidmore with Law Radio. And we're talking to Jeanne
[03:31.160 --> 03:39.200]  in New York. Traffic ticket. First, the officer did have reasonable probable cause to make
[03:39.200 --> 03:48.640]  the stop. Now, there's plenty of New York case law on right to travel. And one caution,
[03:48.640 --> 03:57.360]  it's not a God given right. It is a constitutional right. Well, constitution doesn't give you
[03:57.360 --> 04:05.000]  that right. You have to understand about rights. Nobody gave you rights. The constitution doesn't
[04:05.000 --> 04:14.520]  give you any rights. The constitution just specifically forbids the government from interfering
[04:14.520 --> 04:20.040]  with certain rights. And that's why when you bring the constitution into court, the courts
[04:20.040 --> 04:24.920]  will tell you don't bring the constitution in here, because that's not what the constitution
[04:24.920 --> 04:30.920]  is for. It's not for granting you rights. It's for preventing government from interfering
[04:30.920 --> 04:36.640]  with certain enumerated rights. But you still have all of the other rights. And this is
[04:36.640 --> 04:46.160]  how we explain it. A public official may only do what the law specifically authorizes him
[04:46.160 --> 04:54.920]  to do. You, on the other hand, as a citizen in a republic, you can do anything you want
[04:54.920 --> 05:05.080]  to unless the law specifically forbids you to do it. And travel is something that no
[05:05.080 --> 05:17.120]  law forbids you to do. So therefore you may do it. The real issue of right to travel is
[05:17.120 --> 05:28.360]  not does something grant me this right? The real question is, where in law am I forbidden
[05:28.360 --> 05:40.020]  to operate a motorized piece of equipment for private use? Now I am forbidden to operate
[05:40.020 --> 05:48.080]  a motorized piece of equipment for commercial purposes. But where am I forbidden to operate
[05:48.080 --> 05:56.320]  for private use? Does that make sense, Jane? Yes, it does. That's how you have to go after
[05:56.320 --> 06:02.960]  it. But understand when you go into these municipal courts, they really don't care.
[06:02.960 --> 06:09.280]  They get 100 people a week or every time they hold court and everybody comes in with the
[06:09.280 --> 06:13.880]  same story and they don't want to hear it. Guilty, guilty, guilty, guilty. They're there
[06:13.880 --> 06:22.200]  to collect money. So if you want to beat them, then never ask them to do anything you actually
[06:22.200 --> 06:28.720]  want them to do. I'll give you an example. I got a ticket down here and I went into court.
[06:28.720 --> 06:35.220]  First thing is it's only a ticket. The worst that can happen to you is you have to pay
[06:35.220 --> 06:42.880]  the ticket. You got nothing to lose. So I go into court and they ordered me to be there
[06:42.880 --> 06:47.520]  on a certain day. Generally they just say on or before a certain time. So I always go
[06:47.520 --> 06:51.880]  down there and demand to see a magistrate when the magistrate is not around. But this
[06:51.880 --> 06:57.480]  time they did it right and told me to be at court on this Monday at six o'clock. So I
[06:57.480 --> 07:05.200]  showed up and when they call my name, I walked up to the judge and I looked at his name.
[07:05.200 --> 07:13.240]  And then looked up at him and I judge Deadman. I said, I seem to remember a judge Deadman
[07:13.240 --> 07:21.880]  here in Asel, Texas, but I don't remember him having quite that much gray hair. And
[07:21.880 --> 07:28.440]  I did remember this judge and he was a very pleasant human being. And he looked up at
[07:28.440 --> 07:36.480]  me and he said, yes, Mr. Kelton, and I don't remember your belly being quite that big.
[07:36.480 --> 07:40.800]  Good point. But, you know, I've started off by telling the judge, I am not impressed.
[07:40.800 --> 07:51.440]  And he said, well, Mr. Kelton, how would you like to plea to this? No insurance and speeding.
[07:51.440 --> 07:56.520]  I had proof of insurance, but I refused to give it to him because I didn't like the way
[07:56.520 --> 08:05.040]  he asked me. So I said, well, I would like to plea reluctantly. He said, well, Mr. Kelton,
[08:05.040 --> 08:11.080]  you can't plea reluctantly. Okay. Then I'm not going to plea. Instead, I want you to
[08:11.080 --> 08:19.120]  hold an examining trial. No, Mr. Kelton, I'm not going to hold an examining trial. Okay.
[08:19.120 --> 08:24.080]  Then I want you to have the bailiff come over here and arrest you. Well, why would I have
[08:24.080 --> 08:29.880]  the bailiff arrest me for official misconduct, criminal violation 39.03 Pita Code by failing
[08:29.880 --> 08:33.800]  to perform a duty you're required to perform and in the process deny me the full free access
[08:33.800 --> 08:39.080]  to your enjoyment of writing. Hey, bailiff, get over here. The judge said, no, no, no.
[08:39.080 --> 08:44.120]  I am not going to have the bailiff come over here and arrest me. I said, well, okay. Then
[08:44.120 --> 08:50.180]  I want you to have the prosecutor come up here and advise you that you have a duty to
[08:50.180 --> 08:56.000]  do this as is his duty under the American Bar Association standards for the prosecutorial
[08:56.000 --> 09:03.680]  function. And the prosecutor said, I'm not doing anything. Okay. Then I want you to take
[09:03.680 --> 09:10.400]  my criminal complaint against the prosecutor. No, no, we're not going to do any of that.
[09:10.400 --> 09:17.640]  I said, I'm going to go home. Okay, Mr. Kelton, you go home. So they called me back for trial
[09:17.640 --> 09:27.760]  and I talked to the prosecutor and told him, you know, you guys got kind of a problem.
[09:27.760 --> 09:33.600]  I put in a couple of information requests and I don't believe how stupid your city attorney
[09:33.600 --> 09:39.280]  is. I got the dumbest responses from him. You are not going to believe and I'm going
[09:39.280 --> 09:43.920]  to be bringing you a couple of classy misdemeanor criminal complaints against the, your city
[09:43.920 --> 09:49.080]  attorney. And I know you got a jury here for me, but I'm sure I'm going to get to that
[09:49.080 --> 09:55.560]  jury because I have this challenge to subject matter jurisdiction before the court. Well,
[09:55.560 --> 10:01.920]  yeah, Mr. Kelton, the judge is going to deny that. I said, I know he is, but I don't care.
[10:01.920 --> 10:05.880]  And when he does, since I'm here at arm's length to the court, I won't be able to participate
[10:05.880 --> 10:14.040]  in your jury anyway. So you might as well send them home. So we get, they call my name
[10:14.040 --> 10:21.040]  and the judge said, is the prosecution ready? And the prosecutor said, no, your honor, the
[10:21.040 --> 10:29.600]  prosecution is not ready. Case dismissed. Wait, wait, I object. Mr. Kelton, you object
[10:29.600 --> 10:34.960]  to us dismissing the case. Yeah, judge, we were just about to get to the good part. You're
[10:34.960 --> 10:42.840]  dismissed Mr. Kelton. They don't want to deal with someone who is prepared to deal with
[10:42.840 --> 10:51.360]  them. And when you go in there from the perspective that the court is going to rule against you
[10:51.360 --> 11:01.160]  out of hand at every turn, that protects you. They are very accustomed to betrayal. They
[11:01.160 --> 11:09.280]  know you come in there with a very large investment in rule of law. You need to feel like you
[11:09.280 --> 11:16.960]  are protected by your police officers in courts. And when you come in there and they just blow
[11:16.960 --> 11:23.680]  off everything, they know how debilitating that is. It angers people, frustrates them
[11:23.680 --> 11:32.320]  and causes them to react and respond in the worst possible ways. They get you to react
[11:32.320 --> 11:40.200]  emotionally to them instead of thoughtful. So go in there with the expectation they're
[11:40.200 --> 11:45.280]  going to rule against you out of hand at every turn and you don't care because you're only
[11:45.280 --> 11:52.480]  going to ask them to do what law requires them to do. And every time they rule against
[11:52.480 --> 11:59.800]  you, you just take your little pad of paper and check. If you were listening earlier,
[11:59.800 --> 12:06.440]  your only purpose in the trial court is to put the facts and the law on the record. You
[12:06.440 --> 12:16.560]  don't care what that judge does. It's all about court of appeals. So if anytime you're
[12:16.560 --> 12:23.080]  not like a lawyer, you're in a whole different position. Lawyers have to deal with judges.
[12:23.080 --> 12:29.960]  I once sued Denton County, Texas for $11 million. I sued 24 litigants, judges, prosecutors,
[12:29.960 --> 12:40.240]  all of them public officials. I sued my worst nightmare. 13th litigant was an officer that
[12:40.240 --> 12:46.480]  identified himself to be as my worst nightmare. He wouldn't tell me his name, so I sued him.
[12:46.480 --> 12:56.600]  Oh, that was a hoot. I called 60 lawyers, $11 million suit. The last one was the previous
[12:56.600 --> 13:03.080]  district attorney, Jerry Cobb, and I sued the current district attorney. I called him
[13:03.080 --> 13:07.880]  and I said, hello, Mr. Cobb. My name is Randy Kelton and I have sued Denton County and I
[13:07.880 --> 13:12.520]  need somebody to represent my case. Oh, Mr. Kelton, I know all about your case. I can't
[13:12.520 --> 13:17.000]  represent you. You've made allegations against judges in there and I have to represent clients
[13:17.000 --> 13:22.640]  in this county. I said, what's the matter, Jerry? You're afraid those judges will screw
[13:22.640 --> 13:29.840]  your next client to get back at you? And he said what every other lawyer said. You darn
[13:29.840 --> 13:37.320]  right they will. Now, I don't know if that was true or not, but I do know that every
[13:37.320 --> 13:43.640]  lawyer I talked to believed that it was true, so it might as well be. See, the lawyer is
[13:43.640 --> 13:49.880]  in a difficult position. You're not. You're not going to be bringing more clients before
[13:49.880 --> 13:55.240]  this judge. You don't care if he's PO'd or not. You don't need him on your side. He's
[13:55.240 --> 14:01.280]  going to rule against you anyway, so act with him. I was recently in court and this lawyer
[14:01.280 --> 14:08.920]  was pretty kicked at me. Mr. Kelton, are you an attorney? Oh, no, no. And we're right at
[14:08.920 --> 14:12.760]  the bench, right in front of the judge. So I said there's a lot of judges it wishes I
[14:12.760 --> 14:21.480]  was an attorney. And to answer your question, no, I'm not here dangling by my bar card.
[14:21.480 --> 14:30.160]  The lawyer was so furious the paper in her hand was vibrating because she knew I understood
[14:30.160 --> 14:37.680]  it. She looked at me and saw the pro se from hell and she was white. I make it a point
[14:37.680 --> 14:46.080]  to be. Just go ahead and fail to do something that the American Bar Association model standards
[14:46.080 --> 14:51.560]  require you to do. Go ahead. I have a bar grievance in against you so fast they make
[14:51.560 --> 14:58.280]  your head spin. They'll double your malpractice insurance immediately. And judge, go ahead.
[14:58.280 --> 15:03.200]  Give me a bad ruling, judge. Wonderful. Now I get to file a judicial conduct complaint
[15:03.200 --> 15:06.680]  against you. And depending on what it is, I get to file criminal charges against you
[15:06.680 --> 15:11.120]  with a district attorney. And the district attorney will absolutely refuse to act on
[15:11.120 --> 15:19.280]  it. At least I hope he does. Because then I'll file against the district attorney with
[15:19.280 --> 15:26.200]  the highest level judge I can find and he'll refuse to act on it. At least I hope he does.
[15:26.200 --> 15:31.160]  Because then I'll file against him with the state attorney general and try to get him
[15:31.160 --> 15:37.920]  to refuse to act on it. But what the attorney general is going to do is call this district
[15:37.920 --> 15:44.720]  judge and say, I got somebody down here trying to get me to arrest you because you wouldn't
[15:44.720 --> 15:50.660]  take a complaint against the prosecutor. You want to tell me what I should do with this?
[15:50.660 --> 16:00.200]  And the district judge is going to be furious. Here's how it works. You will never win your
[16:00.200 --> 16:09.440]  case simply because you have the law and the facts on your side. To think so is naive.
[16:09.440 --> 16:17.680]  It is not that way now. It never ever has been that way. You will win your case if you
[16:17.680 --> 16:26.960]  have the politics on your side and all politics is local. And this is how we go about generating
[16:26.960 --> 16:35.080]  a little local politics. All this doo-doo rolls downhill. And when you're hammering
[16:35.080 --> 16:43.920]  the district attorney general for not going after a district judge, for not going after
[16:43.920 --> 16:51.920]  the prosecuting attorney, that becomes a public forum. By the time it gets back down to this
[16:51.920 --> 16:57.680]  chump judge, he's going to be in big trouble. Hang on. This is Randy Kelton, Steve Skidmore,
[16:57.680 --> 17:00.680]  WheelRawRadio. We'll be right back.
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[19:56.040 --> 20:08.560]  Okay, we are back. Randy Kelton, Steve Skidmore, RuleOfLawRadio, and we're talking to Gene
[20:08.560 --> 20:14.960]  in the... No, we're not talking to Gene. Yeah, we're talking to Gene in New York. I'm trying
[20:14.960 --> 20:21.320]  to do two things at once, and I'm an old guy, and I don't multitask as well as I did once
[20:21.320 --> 20:33.320]  upon a time. Okay. Gene, does that make sense? Oh, you're not live. Oops. It was impounded?
[20:33.320 --> 20:37.120]  There we go. I'm sorry. Okay. Now, if your car was impounded, the first thing I suggest
[20:37.120 --> 20:44.120]  you do is get it out. Even if you have a fight to fight, get it out of impoundment first,
[20:44.120 --> 20:52.960]  and you can sue for the impoundment charges. But first, get it out, or they're going to
[20:52.960 --> 21:00.880]  charge an exorbitant amount, and then they're going to sell it. Getting it back is a beast.
[21:00.880 --> 21:11.200]  Your problem is, is the officer can articulate reasonable probable cause for the stop. Even
[21:11.200 --> 21:26.120]  if you're not in commerce, your son was operating a motorized piece of equipment that was equipped
[21:26.120 --> 21:32.920]  to be operated in commerce, and it had the appearance of being operated in commerce because
[21:32.920 --> 21:39.120]  it had those commercial plates on it. So he will be able to articulate reasonable probable
[21:39.120 --> 21:43.760]  cause. In the end, those are technicalities that don't make much difference, plus the
[21:43.760 --> 21:56.960]  courts don't care. Are you using Monday night traffic show? All right. Okay. Monday night,
[21:56.960 --> 22:03.960]  Eddie Craig does a show strictly on traffic. I avoid going deep into the traffic issue
[22:03.960 --> 22:12.640]  directly because he is way better on that than me, and he can tell you more specifically
[22:12.640 --> 22:21.560]  how to handle this. He does a show from 8 to 10 Central every Monday night. Okay. So
[22:21.560 --> 22:26.920]  you might give him a call Monday. He's actually a lot more aggressive than me. He'll give
[22:26.920 --> 22:35.920]  you some more aggressive techniques. In the end, you just want them to say, get this person
[22:35.920 --> 22:40.640]  out of my court. I don't want to deal with him anymore. That's probably the best you
[22:40.640 --> 22:46.560]  can hope for and get him to dismiss. Yes. That's what I would like. Okay. We'll call
[22:46.560 --> 22:53.680]  him Monday to Eddie Craig's traffic show. He will. All right. Because my son got like
[22:53.680 --> 22:59.400]  five citations, so that's going to be like really expensive. So if I could get that thing.
[22:59.400 --> 23:07.560]  Okay. What they'll do initially is they'll take the one that costs the most. And if he
[23:07.560 --> 23:11.680]  agrees to plea on that one, they'll drop all the rest of them. That's what they almost
[23:11.680 --> 23:19.480]  always do. Oh really? Yeah. And you know, if you can hammer them hard enough, they will
[23:19.480 --> 23:26.880]  most likely want to drop a couple of them. What were the other citations? Unlicensed
[23:26.880 --> 23:41.720]  vehicle, no license, unregistered car, not inspected. And there was one of, oh, no insurance.
[23:41.720 --> 23:54.240]  Oh, those are going to be hard to beat in the commercial arena. Getting them out of
[23:54.240 --> 24:04.040]  commerce is going to be your only hope. They just care about the money. And none of these
[24:04.040 --> 24:14.960]  are the kinds of things that go to discretion. Was he weaving? Was he going too fast? You
[24:14.960 --> 24:20.360]  know, he'll say he went too fast. You'll say, no, you didn't. It goes to discretion as judge.
[24:20.360 --> 24:30.320]  Here the officer will bring hard evidence to back up his accusations. No driver's license,
[24:30.320 --> 24:36.040]  unregistered vehicle. That's hard evidence. No proof of insurance, no inspection sticker.
[24:36.040 --> 24:40.960]  These are all things where he can bring in actual facts that are not open for dispute.
[24:40.960 --> 24:46.160]  The only dispute is whether or not these apply to you. They'll be hard to beat unless you're
[24:46.160 --> 24:51.600]  about your only option is to go for the right to travel issue. And Eddie is the one who
[24:51.600 --> 25:00.240]  will need to do that one. Okay. Okay. Give him a call Monday. Thank you for calling.
[25:00.240 --> 25:09.240]  Now we're going to go to Ms. Francis in Colorado. Hello, Ms. Francis. Who do you have stirred
[25:09.240 --> 25:18.840]  up now? Well, I have something that's kind of interesting. You helped me write an unlawful
[25:18.840 --> 25:26.680]  foreclosure suit in September of 2012. Yes, I remember that. For a brief time, about a
[25:26.680 --> 25:33.560]  year, okay, I lost standing in that suit. And when I lost standing, the judge dismissed
[25:33.560 --> 25:41.720]  all of the major players, the public trustee and all those, you know, the lender. But before
[25:41.720 --> 25:45.320]  he dismissed the lender, the lender went on record. He said he relinquished all of our
[25:45.320 --> 25:50.800]  rights and then they got dismissed, right? And everybody got dismissed. And so then I
[25:50.800 --> 25:55.840]  thought over the summer that, and he never put this on stay. He never put this particular
[25:55.840 --> 26:03.400]  case on stay, even though I asked for it because I had lacked standing. And so I put it into
[26:03.400 --> 26:07.680]  the appeals court over the summer and the appeals court pushed it back and said, hey,
[26:07.680 --> 26:14.960]  we cashed your check, but we can't hear this because not everyone has been dismissed. There's
[26:14.960 --> 26:21.040]  one more person in here. And I was like, what? And then I remembered the notary. The notary
[26:21.040 --> 26:32.960]  has never answered the charge. She was processed, served in early October of 2012. I filed a
[26:32.960 --> 26:39.280]  no answer default in with the clerk when I didn't have standing. And they told me to,
[26:39.280 --> 26:46.200]  you know, they denied that. And so recently on the 8th of April, I filed another one.
[26:46.200 --> 26:52.800]  Now I have standing a no answer default judgment against the notary. And the judge will not
[26:52.800 --> 26:58.160]  do anything. What can I do besides light his rope on fire? Can't do that. They won't
[26:58.160 --> 26:59.160]  want to.
[26:59.160 --> 27:07.720]  Petition for writ of mandamus. Ask the court of appeals to mandate to the judge that he
[27:07.720 --> 27:11.760]  perform his duty and give you a ruling on the motion.
[27:11.760 --> 27:19.160]  Okay. So, well now the appeals court just dismissed it. They just dismissed it and I'd
[27:19.160 --> 27:21.880]  have to go back and look and see if they dismiss it.
[27:21.880 --> 27:29.560]  Okay. Now from what you said, they didn't. Well, from what you said, the court of appeals
[27:29.560 --> 27:36.480]  said, we don't have jurisdiction. The issue is not right for appeal.
[27:36.480 --> 27:37.720]  Okay.
[27:37.720 --> 27:45.800]  So you can still, everything else you appealed, it's not dismissed. They just said, we don't
[27:45.800 --> 27:51.760]  have jurisdiction to hear it. This thing's not right. You have to dispense with this.
[27:51.760 --> 27:59.960]  If they accepted it, it would have to be an interlocutory because there was still a litigant.
[27:59.960 --> 28:04.560]  So you adjudicate this litigant. And then if the judge rules against you, now you can
[28:04.560 --> 28:14.560]  appeal everything. So that's wonderful. That preserved the clock. I stopped the clock.
[28:14.560 --> 28:24.440]  So it almost, you know, since the notary never responded, that kind of goes to dead bank
[28:24.440 --> 28:30.240]  and over this amount of time, the notary is not going to be able to come back and claim
[28:30.240 --> 28:42.840]  admissible error. I mean, two weeks, two weeks, maybe. I had to give my cat a bath, you know.
[28:42.840 --> 28:50.600]  But this amount of time, they won't be, she's not going to be able to claim admissible error.
[28:50.600 --> 28:57.840]  And you can ask for default judgment against you for the full amount. See how that works.
[28:57.840 --> 29:03.560]  You might get it. You get default judgment. Now you've won. Now you have to collect.
[29:03.560 --> 29:11.760]  Right. Well, and then the other thing is it gives me res judicata to go into the quiet
[29:11.760 --> 29:16.800]  title and to go back into the void of the 120 hearing notes.
[29:16.800 --> 29:24.520]  Exactly. Res judicata on quiet title. That's perfect. You go back on that particular one,
[29:24.520 --> 29:34.480]  the notary statute. Do you have a monetary claim against the notary?
[29:34.480 --> 29:38.280]  You know what? I don't know. I have to pull. I'll pull the case up after while we're on
[29:38.280 --> 29:39.280]  break.
[29:39.280 --> 29:43.520]  Okay, good. Because if you don't and you're asking for declaratory judgment, that's a
[29:43.520 --> 29:50.600]  piece of cake. Okay, hang on. Randy Kelton, Steve Skidmore, Wheel of our Radio, our call
[29:50.600 --> 29:57.960]  in number 512-646-1984. Danny Carroll, I see you there. We'll get to you. We'll be right
[29:57.960 --> 29:58.960]  back.
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[33:27.640 --> 33:42.520]  Okay, we are back. Randy Kelton, Steve Skidmore, Rule of Law Radio and we're talking to Francis
[33:42.520 --> 33:53.800]  in Colorado. Okay, did you look at the suit? Did you ask for anything specifically against,
[33:53.800 --> 34:00.120]  did you name the notary and say you want this much damages?
[34:00.120 --> 34:04.440]  Not from her. The prayer just basically says, news the court to issue an order declaring
[34:04.440 --> 34:08.980]  that the above alleged holder has produced no evidence to show standing. To enforce the
[34:08.980 --> 34:13.320]  above reference deed of trust, we pray the court will award us damages and an opinion
[34:13.320 --> 34:19.720]  in our favor that will allow for quieting of the title and the notary is named but there
[34:19.720 --> 34:26.440]  is no specific damages. Perfect. Okay, hang on. That's beautiful. So since you didn't
[34:26.440 --> 34:37.400]  ask for anything from the notary specifically, you prepare a petition for default judgment
[34:37.400 --> 34:48.080]  against the notary in the form of a declaratory judgment. Declaratory judgment doesn't ask
[34:48.080 --> 34:58.640]  for any damages from the notary. Only declaration that the particular acknowledgement is void
[34:58.640 --> 35:07.600]  and no force in effect. That's relatively easy for the judge to do and it does not require
[35:07.600 --> 35:13.800]  a prove-up hearing. If you ask for damages, there would need to be a prove-up hearing.
[35:13.800 --> 35:21.000]  If you ask for declaratory judgment, it's done and over with. Now you're not going
[35:21.000 --> 35:25.720]  to, it's not like you're going to sue a crapola out of the notary and try to take
[35:25.720 --> 35:31.680]  her house in a refrigerator. You're just asking for a declaration. Easy for the court
[35:31.680 --> 35:41.000]  to do. Okay. Now you have your rest due to cata. Okay. Okay. And so can you help me with
[35:41.000 --> 35:48.480]  that? Absolutely. Absolutely. Okay. I'm a little bit busy. I've got funding for my
[35:48.480 --> 35:55.400]  major project and I'm heading out to California early in the week to get this put together.
[35:55.400 --> 36:01.280]  But I'll help you with that and then I'm going to want some help back from you. Okay.
[36:01.280 --> 36:09.040]  Well, that's the deal. I will get, I will read the bones and then, then you look it
[36:09.040 --> 36:15.360]  over and see what you think. Okay. It's just in there. I mean, I filed, you know, the petition,
[36:15.360 --> 36:22.360]  but I didn't answer the declaratory judgment. Yeah. This is fairly simple that you made
[36:22.360 --> 36:32.320]  a claim based on this acknowledgement that the acknowledgement was invalid. The notary
[36:32.320 --> 36:41.240]  failed to respond and thereby tantamount to admission that the notary was invalid and
[36:41.240 --> 36:47.600]  asked for a declaratory judgment. You're not asking for a lot of money. You're not
[36:47.600 --> 36:52.880]  for them to stop the foreclosure. You're not asking for anything, but just a simple, that
[36:52.880 --> 37:01.200]  should be easy. That could be death to the whole thing.
[37:01.200 --> 37:05.680]  I thought that might've been a little bit of a coup. It's the same judge that has my
[37:05.680 --> 37:12.280]  quiet title and he refused to allow Joe Escobel's evidence to go into the record along with
[37:12.280 --> 37:19.480]  my evidence that I found that the people who signed that qualified holder statement was
[37:19.480 --> 37:25.520]  not a bank and that was Chase admitting to the comptroller of the currency just after
[37:25.520 --> 37:30.440]  they took my house that they were merging with a non-bank entity and you couldn't sign
[37:30.440 --> 37:38.920]  that form without your money. Well, before we point too hard at the judge,
[37:38.920 --> 37:49.760]  how was your complaint framed? By that I mean, was it framed in a way that this information
[37:49.760 --> 37:57.520]  would go to an issue that was before the court? You know, I'd have to reread my original
[37:57.520 --> 38:03.560]  one to see exactly what it was. I had put in all my qualified holder, I mean, qualified
[38:03.560 --> 38:08.800]  written requests so that they were in administrative default, but I'm not sure I used the right
[38:08.800 --> 38:14.160]  language. I used somebody else's template. Okay, because that may be why he didn't let
[38:14.160 --> 38:22.120]  it in. We have to look at that and see if there is a, see if there's something that
[38:22.120 --> 38:30.160]  actually went to, because if it didn't, then he was right in not letting that, those facts
[38:30.160 --> 38:39.160]  or that evidence in, it would prejudice the case without actually going to an issue before
[38:39.160 --> 38:45.840]  the court. Does that make sense? It does. I wondered about that myself and you know,
[38:45.840 --> 38:50.560]  my biggest issue is I've got the zombie lender is evidently risen from the grave and hired
[38:50.560 --> 38:56.040]  three attorneys and is evidently paying them with a dirt rocks and dust and you know, whatever
[38:56.040 --> 39:00.560]  the worms haven't eaten at this point, because they've been out of business since 2009, but
[39:00.560 --> 39:05.480]  I've got three, count them three attorneys who don't have standing and I've asked them
[39:05.480 --> 39:08.200]  for the principal's address and they don't have-
[39:08.200 --> 39:17.240]  Hold on, hold on. How, wait a minute, how do you know that this dead guy actually hired
[39:17.240 --> 39:25.560]  these lawyers? Well, I've asked the court, I've compelled the court, I filed the motion
[39:25.560 --> 39:31.040]  to compel the court or compel these attorneys to prove up agency, that they have agency
[39:31.040 --> 39:36.120]  with their principal and that's never been ruled on either. See, then I lost my standing.
[39:36.120 --> 39:42.640]  Okay, okay. Here's the deal. Got it back. Okay, here's the deal. The only thing you
[39:42.640 --> 39:50.000]  actually know is that these lawyers came to the court and filed some documents because
[39:50.000 --> 39:56.040]  these lawyers signed it. Okay. You got their signature on it. That you know. Now they said
[39:56.040 --> 40:03.040]  they represented this other company, but you don't know if they did or not sue the lawyers
[40:03.040 --> 40:15.400]  directly. Okay. Because, you know, they may just made this up. They may have just saw
[40:15.400 --> 40:19.920]  this foreclosure and picked it up and figured, you know, if we can foreclose on it, we can
[40:19.920 --> 40:30.480]  take the property. If the actual holder is dead, the holder of the claim, the security
[40:30.480 --> 40:35.200]  instrument is a dead guy, then they'll take the property and sell it in the name of the
[40:35.200 --> 40:42.400]  lender and then they keep all the money. So sue them personally. This is the lender. Not
[40:42.400 --> 40:47.760]  the lender, sue the lawyers. You don't know anything about the lender. All you know is
[40:47.760 --> 40:55.080]  the lawyer said something about a lender. You can't talk to the lender. You got somebody
[40:55.080 --> 41:06.960]  who can do a seance. You can't talk to the lender. You don't know if the agency cannot
[41:06.960 --> 41:13.600]  be proven out of the mouth of the agent. It must be proven out of the mouth of the principal.
[41:13.600 --> 41:18.480]  So you never talked to the principal. They won't bring you the principal. So as far as
[41:18.480 --> 41:27.080]  you're concerned, there is no principal. So they made this up. So sue them personally.
[41:27.080 --> 41:35.720]  Okay, because what they've done is they've filed a motion to dismiss my quiet title.
[41:35.720 --> 41:41.600]  But they were not involved in the foreclosure. The lender was not involved in the foreclosure.
[41:41.600 --> 41:45.720]  It was the servicer who foreclosed on behalf of the lender, but the lender was already
[41:45.720 --> 41:55.800]  out of business. Did they file a petition and intervention? No. They'd have to intervene.
[41:55.800 --> 42:02.440]  Were they named in the quiet title? Was this lender named in the quiet title? Yes, because
[42:02.440 --> 42:10.160]  they were the only ones on the record. Had these lawyers came in claiming to rep, you'd
[42:10.160 --> 42:17.200]  sue the lawyers directly, a separate civil suit against the lawyers. And I'm trying to
[42:17.200 --> 42:22.960]  think of how to get a shot at the judge. You probably don't have to worry about the judge
[42:22.960 --> 42:27.600]  much. It's like we said earlier, all you're doing here is putting the facts and the law
[42:27.600 --> 42:32.960]  on the record. And you really don't care what the Trump judge does, because they probably
[42:32.960 --> 42:38.480]  bought and paid for him by letting him win, beat him at the golf course. I had a lawyer
[42:38.480 --> 42:44.600]  tell me in Florida, all you have to do is lose 500 bucks to the judge on the golf course
[42:44.600 --> 42:50.080]  and you win your case. I said, only 500 bucks? He said, yeah. Any more than that, they'd
[42:50.080 --> 42:57.760]  have to report it. So that's all I'm worth, 500 bucks. And he said, yeah. So they probably
[42:57.760 --> 43:04.920]  lost a golf game to the judge. So now he owes them. So you don't care what he does. These
[43:04.920 --> 43:10.600]  lawyers don't play golf with the court of appeals. So you're just setting a record
[43:10.600 --> 43:25.480]  for the appeal, but sue these lawyers personally. Have you barged them? No. Oh, shamey, shamey.
[43:25.480 --> 43:35.240]  You are slipping. Grieve them for filing a frivolous pleading. Introduce these guys to
[43:35.240 --> 43:46.320]  the deep end of the pool. Okay. Is that about it, Francis? Do you have something else? Okay.
[43:46.320 --> 43:52.400]  Thank you very much. This is Randy Kelton, Denver Stevens, Steve Skidmore, Rural Law
[43:52.400 --> 43:59.840]  Radio. I call it number 512-646-1984. We will be right back.
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[46:12.000 --> 46:41.840]  Okay, we are back. Randy Kelton, Steve Skidmore, Rule of Law Radio and we're going to
[46:41.840 --> 46:45.320]  turn it over to Danny in Tennessee. Hello, Danny.
[46:45.320 --> 46:51.760]  Hey, how are you doing? I'm doing good. What do you have for us
[46:51.760 --> 46:55.040]  tonight? Well, one thing, maybe if she's still listening,
[46:55.040 --> 47:00.120]  the lady from New York that called you a while ago, one thing she was talking about was getting
[47:00.120 --> 47:03.600]  the car out of the impound. Yes.
[47:03.600 --> 47:09.280]  They've got a problem in that the registration is not in their name. It's not just expired,
[47:09.280 --> 47:14.960]  it's in the seller's name. Good point. I didn't think I'd say in that
[47:14.960 --> 47:24.560]  tour. They're not going to be able to get it out at all.
[47:24.560 --> 47:28.920]  So they'll probably have to try and go back to the seller to see if he'll do that for
[47:28.920 --> 47:33.200]  them, huh? Exactly. He's probably not going to be happy.
[47:33.200 --> 47:37.920]  But if he wants to be paid for the rest of the car, he'll probably go do it. But they
[47:37.920 --> 47:42.760]  need to do it quickly because they charge like 80, 90, 100 bucks a day.
[47:42.760 --> 47:47.080]  Yeah. That goes up fast. How is your foreclosure
[47:47.080 --> 47:51.560]  issue going? Well, I put in, well, I don't know how much
[47:51.560 --> 48:00.960]  you remember about it, but put in for a quant title action and they put in a motion to dismiss
[48:00.960 --> 48:09.320]  for lack of standing and failure to state a claim. Lack of standing was because this
[48:09.320 --> 48:14.400]  was my mother's house after she died, so it's really the executor that should be taking
[48:14.400 --> 48:18.680]  the action. But as far as stating the claim, the judge
[48:18.680 --> 48:24.640]  decided, well, yeah, I had stated a claim there, so got past that point. But the standing
[48:24.640 --> 48:32.000]  he did, so it's been a good while back and forth through a number of things, but no deeds
[48:32.000 --> 48:37.760]  and stuff done, finally got to the point of being one in standing and the only plaintiff
[48:37.760 --> 48:44.240]  in the case now. And that's been a while. And since their issues
[48:44.240 --> 48:50.480]  and that motion to dismiss, they have all been settled and they haven't put in the answer.
[48:50.480 --> 48:59.240]  I put in for a default judgment. And one thing that came up that seemed a little funny feeling
[48:59.240 --> 49:09.320]  to me when trying to get a date for a hearing on this, the court assistant or whatever she's
[49:09.320 --> 49:15.600]  called, the court coordinator to call it in Texas, well, she wanted me to give me a set
[49:15.600 --> 49:22.040]  of dates and times and consult with him about a time. Well, that's never happened before
[49:22.040 --> 49:26.440]  always. They've done a couple of things and I've done a couple of things.
[49:26.440 --> 49:33.280]  Okay, hold on, hold on. That's generally a standard procedure. If you're putting a motion
[49:33.280 --> 49:41.760]  on for hearing, then you want a couple of dates so you can ask the other side which
[49:41.760 --> 49:51.680]  date here is more preferable for you. But this is a default. They're not necessarily
[49:51.680 --> 50:03.600]  a party to it. They would have to answer or file a motion for extension of time and show
[50:03.600 --> 50:07.040]  excusable error or they don't have standing in this.
[50:07.040 --> 50:14.080]  Yeah, well, that's kind of what I think. Well, I know it sounds reasonable. What I'm saying
[50:14.080 --> 50:19.920]  is that this has not happened before. That whoever went there just got a time and notified
[50:19.920 --> 50:24.760]  the other and we've all showed up. There's a first time that's brought up about us consulting
[50:24.760 --> 50:28.120]  with the other about what would be a good time.
[50:28.120 --> 50:33.520]  That's really kind of a standard procedure in most places. I know there's here in Texas.
[50:33.520 --> 50:41.440]  If you set a hearing, they don't want you to tell the other attorney who may have a
[50:41.440 --> 50:46.920]  court date that day that you've got to be in court here because that creates a serious
[50:46.920 --> 50:53.800]  conflict. They want you to talk to them and find a date that's mutually acceptable. The
[50:53.800 --> 50:59.760]  way you get that is give them the option of two days. You don't like this one, I'm going
[50:59.760 --> 51:03.760]  to set it for this one. You don't like that, then go complain to the judge.
[51:03.760 --> 51:09.520]  Okay. I understand it sounds reasonable. That's not the thing. The thing is that it hasn't
[51:09.520 --> 51:12.840]  been done before and then all of a sudden right here at the end, she's bringing this
[51:12.840 --> 51:16.000]  up like that.
[51:16.000 --> 51:23.200]  It may have been something that they should have been doing, but have you set other motions
[51:23.200 --> 51:24.840]  for hearing?
[51:24.840 --> 51:28.160]  Before, yes.
[51:28.160 --> 51:32.320]  Has the other side set motions for hearing without consulting you?
[51:32.320 --> 51:33.320]  Yes.
[51:33.320 --> 51:41.520]  Well, that is interesting that all of a sudden they decided to do it right. Is that something
[51:41.520 --> 51:43.800]  you want to take up an issue over?
[51:43.800 --> 51:50.040]  Well, no. Anytime something changes from the way it was before, I feel like there's something
[51:50.040 --> 51:53.640]  going on behind the scenes that I'm not aware of.
[51:53.640 --> 52:04.360]  Yes, but that one is pretty obnoxious as things go. How long has it been since the dismissal
[52:04.360 --> 52:06.520]  of their motion to dismiss?
[52:06.520 --> 52:18.200]  Well, the hearing was February 25th and the order was entered about March 23rd or so,
[52:18.200 --> 52:19.200]  somewhere around that time.
[52:19.200 --> 52:20.200]  Oh, my.
[52:20.200 --> 52:21.200]  About two months.
[52:21.200 --> 52:25.800]  That's plenty of time. They're not going to be able to come back and claim admissible
[52:25.800 --> 52:26.800]  error.
[52:26.800 --> 52:27.800]  Yes.
[52:27.800 --> 52:35.040]  Yes, you waited long enough. You might have a good shot at this. 70% of all default judgments
[52:35.040 --> 52:42.240]  are overturned. It's good that you've waited that extra month because generally they'll
[52:42.240 --> 52:51.180]  claim admissible error, clerical error in the office. They drop the ball and judges
[52:51.180 --> 52:59.800]  do not like rendering a ruling that does not give the other party opportunity to adjudicate
[52:59.800 --> 53:00.800]  their case.
[53:00.800 --> 53:11.240]  I've read one case to where it said this is not a contest to see who can win on the finest
[53:11.240 --> 53:20.400]  point of law. That it is the intent that everyone get opportunity to address their issues and
[53:20.400 --> 53:27.440]  they were very reluctant to render a ruling that would deny someone the opportunity to
[53:27.440 --> 53:34.480]  adjudicate your case. On default judgments, you have to give them plenty of time so it's
[53:34.480 --> 53:40.720]  clear that they had no intention of answering and that looks like what you've done.
[53:40.720 --> 53:54.360]  Anyway, I contact them by email and she didn't give me just two, she gave me like five.
[53:54.360 --> 54:00.960]  All you do is give the other side two. If they come back with a set of dates, then you
[54:00.960 --> 54:04.080]  give them one or two of these others.
[54:04.080 --> 54:13.760]  I already passed all I own to them and I figured the latest one, one because it's later on
[54:13.760 --> 54:19.040]  and also it's in the afternoon and the things in the afternoon before, most of the time
[54:19.040 --> 54:22.160]  there's nobody else there.
[54:22.160 --> 54:29.480]  This will work in your favor because if they come back and complain that none of these
[54:29.480 --> 54:34.640]  dates are sufficient, the judge is going to tell them, we gave you five dates and none
[54:34.640 --> 54:39.600]  of them is sufficient, none of them is convenient, make one convenient.
[54:39.600 --> 54:40.600]  Yeah.
[54:40.600 --> 54:50.640]  If you gave them two, he might be amenable but five, so they may have done you a favor.
[54:50.640 --> 54:55.960]  Yeah and another thing you might find interesting in this that after they put in their motion
[54:55.960 --> 55:01.440]  to dismiss, well since they hadn't answered and I've been reading this book, Fighting
[55:01.440 --> 55:06.880]  the Foreclosure Machine, this attorney who's been involved in stuff a good bit, he had
[55:06.880 --> 55:12.720]  this like what y'all mentioned some time back of not assuming anything, I got to looking
[55:12.720 --> 55:18.400]  at more things more and looking at the papers and this was transferred from the original
[55:18.400 --> 55:24.600]  servicer to a new servicer beforehand and it's reverse mortgage so there's no payments
[55:24.600 --> 55:32.720]  involved until death or not living in the house anymore but one of the things I noticed
[55:32.720 --> 55:38.960]  on it and it's going to sound like at first it shouldn't be much of anything that it had
[55:38.960 --> 55:46.440]  stamped on it that it was created by this third party and it was to be returned after
[55:46.440 --> 55:51.880]  recording back to this third party and there's nothing to indicate what the role of this
[55:51.880 --> 55:59.120]  third party is. They looked on and found their website and it looks like a document preservation
[55:59.120 --> 56:05.440]  company but you know we've got no records in our case or in the public records saying
[56:05.440 --> 56:10.920]  what their connection is to this, why did they create it but when I brought this up
[56:10.920 --> 56:21.000]  in the amended, the supplement I made to the complaint, what I put in was transfer and
[56:21.000 --> 56:26.080]  assignment shows that it was created by and must be returned after recording to you know
[56:26.080 --> 56:32.600]  the third entity and they're lacking records showing otherwise presumption is that the
[56:32.600 --> 56:37.160]  creator of a thing is the owner of that thing and the possessor of a thing is the holder
[56:37.160 --> 56:42.200]  of that thing. Recordation of county records is notice to the world of existence of an
[56:42.200 --> 56:46.800]  instrument but it's not a substitute for the original instrument. Now first hearing
[56:46.800 --> 56:52.760]  we had after I put this in, attorneys wanted to talk with me some out in the hall and you
[56:52.760 --> 56:57.680]  know something but when I brought up something about this, well what's just about the creator
[56:57.680 --> 57:05.080]  of a thing is the owner of the thing and I felt like was but the other day after I got
[57:05.080 --> 57:12.760]  email back from one of the attorneys, you know he said he was working on this positive
[57:12.760 --> 57:16.760]  motion and da-da-da and the judge wasn't going to like this and one thing or another and
[57:16.760 --> 57:23.680]  dancing around but kind of indicated like he had don't remember what the word was he
[57:23.680 --> 57:30.880]  used but like informed the court that he was preparing this motion and so to me that's
[57:30.880 --> 57:35.040]  like I didn't get something saying that he was doing that or no one over and checked
[57:35.040 --> 57:40.920]  the file so has he admitted in writing to ex parte communications by that?
[57:40.920 --> 57:48.640]  Well, not necessarily if he just told the judge he was preparing a motion or an answer
[57:48.640 --> 57:56.000]  as long as he did not address anything of substance that goes to the administrative
[57:56.000 --> 58:01.440]  part of the court and no that would not be considered ex parte.
[58:01.440 --> 58:08.360]  Okay, anyway I want to check the file again and that record that sentence about the creator
[58:08.360 --> 58:12.000]  of the thing being the owner of the thing, it had highlight marking on it and that's
[58:12.000 --> 58:15.360]  the only thing I've seen in the court file any markings on it like that.
[58:15.360 --> 58:20.440]  Ah, the judge might have said well that's interesting and marked it so he could go back
[58:20.440 --> 58:22.880]  and find it so that might be a good sign.
[58:22.880 --> 58:24.360]  You might have got their attention.
[58:24.360 --> 58:28.920]  Okay, hang on we're about to go to break.
[58:28.920 --> 58:36.520]  This is Randy Kelton, Steve Skidmore, Rue of La Radio, our call in number 512-646-1984,
[58:36.520 --> 58:41.440]  Carol, Ben, Mary, David, I see you there, we'll pick you up on the other side, we'll
[58:41.440 --> 58:50.320]  be right back.
[58:50.320 --> 58:54.440]  Would you like to make more definite progress in your walk with God?
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[01:00:57.240 --> 01:01:02.560]  In the news, nearly every phone call in Afghanistan, domestic and international, is being recorded
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[01:02:56.800 --> 01:03:23.800]  Okay, we are back, Randy Kelton, Steve Skidmore, we moved our radio, and we're talking about
[01:03:23.800 --> 01:03:28.480]  Danny in Tennessee.
[01:03:28.480 --> 01:03:33.200]  Okay, Danny, that was interesting.
[01:03:33.200 --> 01:03:38.440]  It's not something I would have thought to argue.
[01:03:38.440 --> 01:03:41.120]  Do you have case law on this?
[01:03:41.120 --> 01:03:44.000]  No, not case law.
[01:03:44.000 --> 01:03:51.920]  I've just heard this somewhere, that if you created something, you're the owner.
[01:03:51.920 --> 01:03:56.600]  Oh, this is even better.
[01:03:56.600 --> 01:04:06.480]  If you're an agency, then that's assuming that they're an agent, but if they created
[01:04:06.480 --> 01:04:10.960]  it, they had it returned to them.
[01:04:10.960 --> 01:04:18.840]  That would create the implication that somehow this company is involved in your transaction,
[01:04:18.840 --> 01:04:26.160]  and if they are, they were involved in the transaction without disclosure, but how do
[01:04:26.160 --> 01:04:30.440]  you claim any kind of harm?
[01:04:30.440 --> 01:04:40.520]  Well, breach of contract, they're claiming to have gotten the transfer through the use
[01:04:40.520 --> 01:04:46.480]  of this instrument, and they're not the owner of the instrument, so what right do they really
[01:04:46.480 --> 01:04:48.680]  have to use it, make use of it?
[01:04:48.680 --> 01:04:50.720]  That is an interesting question.
[01:04:50.720 --> 01:04:59.400]  I'm wondering how, who actually owns the instrument, has any effect on the terms of the instrument?
[01:04:59.400 --> 01:05:10.480]  Yeah, well, I'm not sure, I just, you know, made the cute looking thing that I saw.
[01:05:10.480 --> 01:05:11.480]  That's cool.
[01:05:11.480 --> 01:05:15.200]  I bet the judge looked at it and thought, what in the heck?
[01:05:15.200 --> 01:05:18.880]  You probably got their attention, at least you sent them back to the law books.
[01:05:18.880 --> 01:05:22.080]  That'll be interesting to see how that shakes out.
[01:05:22.080 --> 01:05:26.680]  Yeah, well, hopefully it doesn't have to be shaken out, if default.
[01:05:26.680 --> 01:05:30.840]  Yeah, if you get the default, that'd be great.
[01:05:30.840 --> 01:05:33.440]  Okay, we got a lot of callers.
[01:05:33.440 --> 01:05:34.920]  Do you have anything else for us?
[01:05:34.920 --> 01:05:38.600]  More things, if we could, you know, related to this thing about default?
[01:05:38.600 --> 01:05:39.600]  Yes.
[01:05:39.600 --> 01:05:43.080]  I don't know if you've ever brought this out on the show before, but, you know, I've come
[01:05:43.080 --> 01:05:48.640]  across some things, people writing, and talking about default judgments going through, and
[01:05:48.640 --> 01:05:55.320]  they thought it was that a default is not useful to anybody else.
[01:05:55.320 --> 01:05:59.360]  It's not a precedent of any kind or something, you know, it's not like...
[01:05:59.360 --> 01:06:03.280]  No, no, it doesn't set any law.
[01:06:03.280 --> 01:06:11.760]  So it's, you know, they got tangled up, and they don't want to let anybody else have it.
[01:06:11.760 --> 01:06:16.520]  Usually no trial court case sets law.
[01:06:16.520 --> 01:06:24.160]  So in a default judgment, unless it's in a appeals court, where one side didn't respond
[01:06:24.160 --> 01:06:32.980]  to the appellate court where they get a default, but even that wouldn't set precedent because
[01:06:32.980 --> 01:06:40.000]  there were no issues decided.
[01:06:40.000 --> 01:06:47.880]  The opinions and decisions of lower courts can be taken on advisement by other courts.
[01:06:47.880 --> 01:06:53.960]  You don't get controlling opinions until you get into the appellate or supreme level.
[01:06:53.960 --> 01:06:54.960]  Right.
[01:06:54.960 --> 01:07:00.120]  And you can, you know, the way you can take trial court cases, you can also do the full
[01:07:00.120 --> 01:07:08.880]  faith and credit, but cases from other states, but even appeals court cases from other states
[01:07:08.880 --> 01:07:17.120]  you can take and they don't have a presidential value, but they are, if they address an issue
[01:07:17.120 --> 01:07:24.840]  that your state hasn't addressed, then they take on a lot more credence, you know, that's
[01:07:24.840 --> 01:07:30.320]  what the Landmark-Greer-Kessler case did, is they didn't have any case law in Kansas
[01:07:30.320 --> 01:07:32.320]  that addressed this issue.
[01:07:32.320 --> 01:07:39.520]  So they trusted the courts of other states that had addressed the issue and under full
[01:07:39.520 --> 01:07:41.680]  faith and credit, they can bring it in.
[01:07:41.680 --> 01:07:48.720]  So trial court law cases come in sort of like that, but they don't have much precedential
[01:07:48.720 --> 01:07:49.720]  value.
[01:07:49.720 --> 01:07:51.440]  But yeah, you're absolutely right.
[01:07:51.440 --> 01:07:55.440]  Default judgment is, that never makes law.
[01:07:55.440 --> 01:08:06.040]  Danny, just to revisit the issue there on the destruction of the note or deed of trust
[01:08:06.040 --> 01:08:13.880]  or the mortgage instrument that is the combination of both, this, okay, your signature creates
[01:08:13.880 --> 01:08:18.800]  or the mark of a man creates an instrument, doesn't matter who drafted it, what matters
[01:08:18.800 --> 01:08:20.860]  is who created it.
[01:08:20.860 --> 01:08:23.200]  This goes to personal property.
[01:08:23.200 --> 01:08:30.000]  If you create an instrument with your signature or buy your signature, that instrument is
[01:08:30.000 --> 01:08:31.920]  your personal property.
[01:08:31.920 --> 01:08:39.280]  You're going to give that personal property up to another party for ransom.
[01:08:39.280 --> 01:08:49.320]  If they do something that destroys that property, then they've, and keep in mind, Randy, you
[01:08:49.320 --> 01:08:56.040]  addressed very early in the show that we used to have mortgage burning parties, excuse me.
[01:08:56.040 --> 01:09:02.680]  That was the return of personal property, the paper, the instrument that you created.
[01:09:02.680 --> 01:09:06.440]  So long as that instrument is still out there, somebody can lay claim to it.
[01:09:06.440 --> 01:09:11.240]  That's why that was returned to the alleged borrower.
[01:09:11.240 --> 01:09:13.000]  That doesn't happen these days.
[01:09:13.000 --> 01:09:23.560]  They're shredded, they're turned into, or converted rather into transferable records
[01:09:23.560 --> 01:09:26.000]  and then they're destroyed.
[01:09:26.000 --> 01:09:32.120]  Did you grant anybody the authority to destroy your personal property?
[01:09:32.120 --> 01:09:39.120]  Okay, this is a transfer and assignment from the original servicer to a new servicer.
[01:09:39.120 --> 01:09:40.120]  Okay.
[01:09:40.120 --> 01:09:41.120]  Let's talk about right here.
[01:09:41.120 --> 01:09:44.200]  Let's talk about what happened to the original.
[01:09:44.200 --> 01:09:46.560]  They're not transferring the original.
[01:09:46.560 --> 01:09:55.360]  All they're assigning is some type of partial right or partial interest in the original
[01:09:55.360 --> 01:09:56.360]  property.
[01:09:56.360 --> 01:10:02.040]  Well, what it says is, and the thing that kind of got the judge's attention when it
[01:10:02.040 --> 01:10:10.680]  was first brought up, the transfer only says that it was transferring the original servicer's
[01:10:10.680 --> 01:10:13.440]  interest in the deed of trust.
[01:10:13.440 --> 01:10:14.440]  Exactly.
[01:10:14.440 --> 01:10:15.440]  Interest.
[01:10:15.440 --> 01:10:17.920]  They didn't transfer the deed of trust.
[01:10:17.920 --> 01:10:20.720]  They transferred interest.
[01:10:20.720 --> 01:10:23.520]  What I'm going to is the personal property.
[01:10:23.520 --> 01:10:29.480]  You don't care who has interest in whatever, blah, blah, blah, because Pete's dead, okay?
[01:10:29.480 --> 01:10:31.140]  That's another rabbit hole.
[01:10:31.140 --> 01:10:35.800]  But to go to the personal property, what happened to your personal property?
[01:10:35.800 --> 01:10:41.120]  You're supposed to get that back when that deal is satisfied.
[01:10:41.120 --> 01:10:44.680]  What happened to your personal property?
[01:10:44.680 --> 01:10:47.000]  When are you going to get your property back?
[01:10:47.000 --> 01:10:53.120]  Your property is in the form of paper documents that your signature created.
[01:10:53.120 --> 01:10:56.000]  That is personal property of the creator.
[01:10:56.000 --> 01:11:04.520]  If somebody destroys or damages or compromises that property, they've harmed you.
[01:11:04.520 --> 01:11:07.060]  You never gave them permission to do that.
[01:11:07.060 --> 01:11:14.960]  You only gave them permission to hold it until the deal was satisfied.
[01:11:14.960 --> 01:11:21.160]  So if they destroyed your property, damaged it, or compromised it, they've harmed you.
[01:11:21.160 --> 01:11:23.760]  You might throw that in front of the judge.
[01:11:23.760 --> 01:11:26.880]  Yeah, I'll do that.
[01:11:26.880 --> 01:11:27.880]  Okay.
[01:11:27.880 --> 01:11:28.880]  Do you have anything else for us?
[01:11:28.880 --> 01:11:29.880]  Well-
[01:11:29.880 --> 01:11:30.880]  We've kind of got to move along.
[01:11:30.880 --> 01:11:33.880]  We've got a whole board full of callers.
[01:11:33.880 --> 01:11:39.120]  You said something about stump to chump a while ago, so I got a little technical question
[01:11:39.120 --> 01:11:40.120]  for you.
[01:11:40.120 --> 01:11:43.120]  Good timing, Steve's bad.
[01:11:43.120 --> 01:11:44.120]  Okay.
[01:11:44.120 --> 01:11:52.400]  I know some years ago, you're talking about the process to you in a chemical prosecution.
[01:11:52.400 --> 01:11:56.480]  So I've gone through that a number of things, and I created a little document that somebody
[01:11:56.480 --> 01:12:02.760]  used some, and I call it, Notice the Process from Citation to Arraignment, going through
[01:12:02.760 --> 01:12:13.520]  all those steps, or at least the major ones, that they skip over, and like 1517 to go before
[01:12:13.520 --> 01:12:16.760]  the, let's see, to the right one.
[01:12:16.760 --> 01:12:21.560]  1517 is the one that they interpret as magistration.
[01:12:21.560 --> 01:12:22.560]  Yeah.
[01:12:22.560 --> 01:12:23.560]  Okay.
[01:12:23.560 --> 01:12:24.560]  And then-
[01:12:24.560 --> 01:12:31.320]  Oh, go for a magistrate 1403, I believe.
[01:12:31.320 --> 01:12:32.320]  14.06.
[01:12:32.320 --> 01:12:33.320]  Six, okay.
[01:12:33.320 --> 01:12:34.320]  And transportation code 543.006.
[01:12:34.320 --> 01:12:35.320]  Yes.
[01:12:35.320 --> 01:12:44.200]  So I cite both of those in that little paragraph saying that to start from the citation.
[01:12:44.200 --> 01:12:48.400]  And then you go to the magistrate, and he's supposed to do his things, and upon completing
[01:12:48.400 --> 01:12:49.400]  the examination-
[01:12:49.400 --> 01:12:50.400]  1617.
[01:12:50.400 --> 01:13:03.000]  After the magistrate holds an examining trial, he must issue an order stating whether the
[01:13:03.000 --> 01:13:09.560]  person is released at their liberty, released on bail, or bound to the court.
[01:13:09.560 --> 01:13:10.560]  Okay.
[01:13:10.560 --> 01:13:11.560]  I interrupted.
[01:13:11.560 --> 01:13:21.760]  Yeah, and then 1730 that upon completion examination, he take all the papers and seal them up, send
[01:13:21.760 --> 01:13:25.640]  them to the proper, the clerk of the proper court.
[01:13:25.640 --> 01:13:30.360]  That is a really good one because that is really specific.
[01:13:30.360 --> 01:13:39.440]  It says that after the examining trial, the magistrate shall seal all documents had in
[01:13:39.440 --> 01:13:47.760]  the hearing in an envelope and cause his name to be written across the seal.
[01:13:47.760 --> 01:13:52.920]  Now if they just said seal it and send it, that had been one thing, but they said seal
[01:13:52.920 --> 01:13:58.360]  it and write your name across the seal so you can tell if anybody's touched it or opened
[01:13:58.360 --> 01:13:59.360]  it.
[01:13:59.360 --> 01:14:02.560]  That's to maintain the chain of custody.
[01:14:02.560 --> 01:14:06.640]  They almost never do that.
[01:14:06.640 --> 01:14:11.040]  They send them to the clerk, but I've never heard of them doing it in a sealed envelope.
[01:14:11.040 --> 01:14:12.040]  Are you familiar with 1731?
[01:14:12.040 --> 01:14:13.040]  Yeah.
[01:14:13.040 --> 01:14:14.040]  That's what I was bringing up next.
[01:14:14.040 --> 01:14:15.040]  Okay.
[01:14:15.040 --> 01:14:16.040]  Good.
[01:14:16.040 --> 01:14:23.560]  That tells you who the two clerks are, the county clerk or the district clerk.
[01:14:23.560 --> 01:14:32.400]  What 1731 says is that the... 1730 says the magistrate shall seal the documents and send
[01:14:32.400 --> 01:14:35.400]  them to the clerk of the court of jurisdiction.
[01:14:35.400 --> 01:14:44.400]  1731 says the clerk shall keep all these documents safe and deliver them up to the next grand
[01:14:44.400 --> 01:14:46.400]  jury.
[01:14:46.400 --> 01:14:52.360]  That goes back to the constitution of Texas that requires that both felonies and misdemeanors
[01:14:52.360 --> 01:14:53.840]  go before a grand jury.
[01:14:53.840 --> 01:14:54.840]  Yeah.
[01:14:54.840 --> 01:14:55.840]  That's what I was getting to.
[01:14:55.840 --> 01:14:56.840]  Oh, okay.
[01:14:56.840 --> 01:14:57.840]  I'm sorry.
[01:14:57.840 --> 01:14:58.840]  Okay.
[01:14:58.840 --> 01:15:00.840]  I'll shut up now.
[01:15:00.840 --> 01:15:07.840]  Then the district clerk sends it to the grand jury, but the county clerk, because there
[01:15:07.840 --> 01:15:16.720]  are those misdemeanors that the state's attorney can write an information on, and it calls
[01:15:16.720 --> 01:15:23.520]  2.05, says that on receiving a complaint, the attorney for the state shall prepare an
[01:15:23.520 --> 01:15:27.360]  information and file it with the court having jurisdiction.
[01:15:27.360 --> 01:15:28.680]  Okay.
[01:15:28.680 --> 01:15:29.680]  Which court is that?
[01:15:29.680 --> 01:15:32.320]  Where does it tell you which court that is?
[01:15:32.320 --> 01:15:35.320]  I think it's 201.
[01:15:35.320 --> 01:15:36.320]  201.
[01:15:36.320 --> 01:15:37.320]  I'm sorry.
[01:15:37.320 --> 01:15:38.320]  202.
[01:15:38.320 --> 01:15:44.800]  201 says it shall be the primary duty of the prosecuting attorney not to secure conviction
[01:15:44.800 --> 01:15:49.040]  but to ensure the justice is served, blah, blah, blah.
[01:15:49.040 --> 01:15:55.960]  202 tells the district attorney what cases he will handle and the county attorney what
[01:15:55.960 --> 01:15:56.960]  cases he will handle.
[01:15:56.960 --> 01:15:57.960]  It's 202.
[01:15:57.960 --> 01:15:59.960]  Okay.
[01:15:59.960 --> 01:16:05.720]  No, the question is which court does the information go to?
[01:16:05.720 --> 01:16:10.160]  It says prepare an information and file it in the court having jurisdiction.
[01:16:10.160 --> 01:16:11.160]  Okay.
[01:16:11.160 --> 01:16:12.160]  That...
[01:16:12.160 --> 01:16:14.560]  Now, we know by practice...
[01:16:14.560 --> 01:16:15.560]  Okay.
[01:16:15.560 --> 01:16:21.360]  Jurisdiction of the court is in Code of Criminal Procedure somewhere.
[01:16:21.360 --> 01:16:28.280]  I think it may be... it's not something I'd look up much, it's probably in Chapter 1,
[01:16:28.280 --> 01:16:35.480]  but it assigns misdemeanors to the county court, felonies to the district court.
[01:16:35.480 --> 01:16:36.480]  Okay.
[01:16:36.480 --> 01:16:43.600]  Well, anyway, my point is getting to that by this procedure of an information, you look
[01:16:43.600 --> 01:16:47.240]  at Article 5, Section 17 of the Constitution to tell you that's...
[01:16:47.240 --> 01:16:51.520]  Hold on a time... hold on, hold on, hold on, we're going to break.
[01:16:51.520 --> 01:17:00.920]  Randy Chilton, Steve Kiddmore, Rue La Radio, we'll be right back.
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[01:18:59.960 --> 01:19:10.640]  This is the Logos Logos Radio Network.
[01:19:10.640 --> 01:19:39.760]  Oh, come on If I can't get everything I want
[01:19:39.760 --> 01:19:50.720]  I better get a range, yeah If I can't get everything I need
[01:19:50.720 --> 01:19:58.680]  I better get a range, yeah Okay, we are back.
[01:19:58.680 --> 01:20:05.000]  Randy Kelton, Steve Skidmore, Rue de la Radio, and we're talking to Danny in Tennessee.
[01:20:05.000 --> 01:20:06.960]  We do need to move along, Danny.
[01:20:06.960 --> 01:20:08.920]  Okay, well, I guess that's okay.
[01:20:08.920 --> 01:20:09.920]  Thank you.
[01:20:09.920 --> 01:20:10.920]  Pretty much, yeah.
[01:20:10.920 --> 01:20:14.520]  But, you know, business point out, that's the last point I was making, Texas Constitution
[01:20:14.520 --> 01:20:19.800]  Article 5, Section 17, saying that the state's attorney can bring and file an information
[01:20:19.800 --> 01:20:25.680]  with the county court, the constitutional county court.
[01:20:25.680 --> 01:20:30.480]  Otherwise, any other court, it should be an information.
[01:20:30.480 --> 01:20:34.960]  And they used to do that, because I've dug into the court records and found them back
[01:20:34.960 --> 01:20:35.960]  there.
[01:20:35.960 --> 01:20:44.840]  Okay, constitutional county court, we have a county commissioner's court, which is called
[01:20:44.840 --> 01:20:45.840]  the county court.
[01:20:45.840 --> 01:20:50.640]  We have the county court of law is a constitutional county court.
[01:20:50.640 --> 01:20:55.200]  It seems I remember there's something different about that.
[01:20:55.200 --> 01:20:59.200]  That's not all counties have a constitutional county court.
[01:20:59.200 --> 01:21:04.520]  No, they all have a constitutional county court, because there's only about 70 Texas
[01:21:04.520 --> 01:21:11.800]  counties that have statutory county courts, which is county court of law.
[01:21:11.800 --> 01:21:14.880]  So they all have one under the constitution.
[01:21:14.880 --> 01:21:19.040]  Which one is that, the commissioner's court?
[01:21:19.040 --> 01:21:22.720]  Yeah, with the county judge.
[01:21:22.720 --> 01:21:27.680]  Okay, so the commissioner's court is the constitutional county court, and the county
[01:21:27.680 --> 01:21:30.280]  court of law is the statutory.
[01:21:30.280 --> 01:21:31.280]  Right.
[01:21:31.280 --> 01:21:34.720]  Okay, you stumped this chump.
[01:21:34.720 --> 01:21:35.880]  Okay.
[01:21:35.880 --> 01:21:36.880]  Are you happy now?
[01:21:36.880 --> 01:21:38.880]  I'll call in and get something interesting.
[01:21:38.880 --> 01:21:42.880]  You're going to tell all your hillbilly buddies that are in Tennessee?
[01:21:42.880 --> 01:21:45.880]  Well, I'm going to tell them some of it.
[01:21:45.880 --> 01:21:48.880]  I'll tell them all.
[01:21:48.880 --> 01:21:49.880]  Scream it from the rooftops.
[01:21:49.880 --> 01:21:54.160]  You sent you a t-shirt, you stumped the chump.
[01:21:54.160 --> 01:21:55.160]  Thank you, daddy.
[01:21:55.160 --> 01:21:57.560]  Now I'm going to cut you off.
[01:21:57.560 --> 01:22:01.680]  Okay, now we're going to go to Ben in Arizona.
[01:22:01.680 --> 01:22:02.680]  Hello, Ben.
[01:22:02.680 --> 01:22:05.680]  What do you have for us today?
[01:22:05.680 --> 01:22:08.480]  Hi, Mr. Kelton, how are you?
[01:22:08.480 --> 01:22:09.480]  I am good.
[01:22:09.480 --> 01:22:11.480]  I don't care what everybody says.
[01:22:11.480 --> 01:22:12.480]  Yeah.
[01:22:12.480 --> 01:22:17.800]  It's the first time I've actually ever listened to you, and I just kind of got inspired to
[01:22:17.800 --> 01:22:18.800]  call.
[01:22:18.800 --> 01:22:20.280]  I had a couple of questions.
[01:22:20.280 --> 01:22:26.720]  In the last couple of years, I've continuously been dealing with the county sheriff's department
[01:22:26.720 --> 01:22:27.720]  here.
[01:22:27.720 --> 01:22:35.240]  Anyways, I went on, and I built a fence around my property and stuff, more peaceful people,
[01:22:35.240 --> 01:22:41.200]  but they just find that they can just walk onto my property just any time they want.
[01:22:41.200 --> 01:22:47.160]  They believe that the no trespassing is subject to interpretation, and I'm kind of at a loss.
[01:22:47.160 --> 01:22:51.760]  I've hired a lawyer, and he just kind of says they're like a dead fish and doesn't really
[01:22:51.760 --> 01:22:53.760]  do a whole lot.
[01:22:53.760 --> 01:22:58.040]  Oh, okay, you're like what we got to say.
[01:22:58.040 --> 01:22:59.760]  I want to know what I can do.
[01:22:59.760 --> 01:23:00.760]  I'm young.
[01:23:00.760 --> 01:23:05.760]  I've got a family, and I'm just tired of kind of being bullied by these guys, if I can get
[01:23:05.760 --> 01:23:08.880]  my charges, and so on and so forth.
[01:23:08.880 --> 01:23:10.440]  I had a policeman.
[01:23:10.440 --> 01:23:16.120]  I live in a small county, and I'm fairly well known, but this sheriff's deputy pulled me
[01:23:16.120 --> 01:23:24.880]  over recently, and he must have had a bad day, because he had himself an attitude, and
[01:23:24.880 --> 01:23:31.320]  I commented on his attitude, and he got real excited and stepped back and put his hand
[01:23:31.320 --> 01:23:40.360]  on his pistol, so I took out my cell phone and dialed 911, and called the dispatcher,
[01:23:40.360 --> 01:23:45.240]  and asked them to dispatch an officer out here, because I've got a sheriff's deputy
[01:23:45.240 --> 01:23:49.200]  out here who is very agitated.
[01:23:49.200 --> 01:23:52.800]  That's their favorite term to use, is agitated.
[01:23:52.800 --> 01:24:00.400]  He is agitated, and I'm concerned because his skin is so tight, it looks like if he's
[01:24:00.400 --> 01:24:06.720]  stuck, he'd pop like a tick, so I get the impression that he is hyped up on anabolic
[01:24:06.720 --> 01:24:11.640]  steroids, so can you send me another officer out here?
[01:24:11.640 --> 01:24:19.760]  I would like to introduce this officer to the deep end of the pool, and dispatcher said,
[01:24:19.760 --> 01:24:22.400]  well, Mr. Kelton, I don't know what you're talking about.
[01:24:22.400 --> 01:24:25.320]  I'm talking about first-degree felony aggravated assault.
[01:24:25.320 --> 01:24:32.240]  Get me an officer out here to take my complaint, and when I said that, the officer got his
[01:24:32.240 --> 01:24:36.880]  hand off his pistol real fast.
[01:24:36.880 --> 01:24:43.360]  The police are relatively easy to handle if you think past them.
[01:24:43.360 --> 01:24:48.280]  Coming home from church on a Sunday night, and he was waiting at the end of the road.
[01:24:48.280 --> 01:24:50.120]  This was one entrance.
[01:24:50.120 --> 01:24:56.760]  He comes pulling up behind me, and immediately wants to see my ID, and I said, well, what's
[01:24:56.760 --> 01:24:57.760]  your business?
[01:24:57.760 --> 01:24:58.760]  Why are you on my property?
[01:24:58.760 --> 01:25:03.720]  And he says, let me see some ID, or I'm going to tase you, and right then, and he had his
[01:25:03.720 --> 01:25:08.560]  tater out, and right then, you know, my kids are hysterical about it, because they've never
[01:25:08.560 --> 01:25:13.840]  seen anything like this before, and he puts me in handcuffs and takes me out to the road,
[01:25:13.840 --> 01:25:20.480]  and he said it was because my dogs were barking, is why he'd done this, and it's just one instance
[01:25:20.480 --> 01:25:21.480]  after another.
[01:25:21.480 --> 01:25:22.480]  Okay.
[01:25:22.480 --> 01:25:23.480]  Okay.
[01:25:23.480 --> 01:25:24.480]  Okay.
[01:25:24.480 --> 01:25:25.480]  Need to read the code.
[01:25:25.480 --> 01:25:27.360]  Get the penal code out and read it.
[01:25:27.360 --> 01:25:35.120]  It's not as big as you'd think, especially look in the table of contents, and look for
[01:25:35.120 --> 01:25:49.760]  this section on, let's see, it'd be, in Texas, it's 39, chapter 39, it's official duties
[01:25:49.760 --> 01:25:53.200]  or official oppression, official misconduct.
[01:25:53.200 --> 01:26:01.120]  I'm trying to think of what the title of the section is, but yeah, every state is going
[01:26:01.120 --> 01:26:09.400]  to have a statute that reflects the Ku Klux Klan Act of 1871.
[01:26:09.400 --> 01:26:15.480]  Ku Klux Klan Act has two parts, and most everybody's heard of the second part, 82, that's been
[01:26:15.480 --> 01:26:22.960]  codified into 42 U.S. Code 1983, and that's the one that says you can sue a public official
[01:26:22.960 --> 01:26:27.920]  if he exerts or purports to exert an authority he doesn't have or fails to perform a duty
[01:26:27.920 --> 01:26:32.400]  he's required to perform and dies here in a riot, you can sue him.
[01:26:32.400 --> 01:26:40.720]  The first part, 18 U.S. Code 242, if a public official acting under the color, meaning pretense
[01:26:40.720 --> 01:26:48.560]  of his authority, exerts or purports to exert an authority, he does not take that, and in
[01:26:48.560 --> 01:26:53.160]  the process, not a citizen full free access to or enjoyment of a riot, that's a class
[01:26:53.160 --> 01:26:58.480]  A misdemeanor in the Fed, that's a class A misdemeanor in Texas, and it probably is in
[01:26:58.480 --> 01:27:00.960]  Arizona as well.
[01:27:00.960 --> 01:27:09.440]  Now, this is compounded by the fact that the officer pulled a deadly weapon on you.
[01:27:09.440 --> 01:27:16.600]  To your knowledge, did he have a warrant authorizing him to enter your private property?
[01:27:16.600 --> 01:27:20.760]  I take it from what you said, he was in your drive or on your private property.
[01:27:20.760 --> 01:27:23.400]  Absolutely not, he did not.
[01:27:23.400 --> 01:27:26.760]  No, no, was this on the road?
[01:27:26.760 --> 01:27:29.160]  No, this was on my property.
[01:27:29.160 --> 01:27:31.800]  Okay, so he was on your private property.
[01:27:31.800 --> 01:27:33.920]  He came on the property, yeah.
[01:27:33.920 --> 01:27:35.480]  Is your property posted?
[01:27:35.480 --> 01:27:42.400]  Yes, I have a very specific posting about, you know, you have to have a warrant to navigate.
[01:27:42.400 --> 01:27:45.280]  Okay, here's the deal.
[01:27:45.280 --> 01:27:52.040]  If you try to file a, you know, this is, if you were listening earlier, never ask a public
[01:27:52.040 --> 01:27:58.920]  official to do anything you actually want them to do, because you never ask a public
[01:27:58.920 --> 01:28:02.600]  official to do anything that the law does not require them to do.
[01:28:02.600 --> 01:28:09.840]  You see, I got this little tar baby, and I go to this public official, did you hear me
[01:28:09.840 --> 01:28:14.560]  talking about going to the municipal court with a ticket?
[01:28:14.560 --> 01:28:18.360]  I just kind of piped in when the guy from Tennessee was talking.
[01:28:18.360 --> 01:28:19.360]  Oh, okay, okay.
[01:28:19.360 --> 01:28:24.360]  I got this little tar baby, and I go to these public officials and I say, here, I got this
[01:28:24.360 --> 01:28:26.360]  little tar baby, you want to touch it?
[01:28:26.360 --> 01:28:28.080]  Come on, touch it, touch it.
[01:28:28.080 --> 01:28:32.720]  And the way I do that is I ask them to do something that I really don't want them to
[01:28:32.720 --> 01:28:33.720]  do.
[01:28:33.720 --> 01:28:38.320]  I get a ticket in the town, next town down, and I go down there on the day, they tell
[01:28:38.320 --> 01:28:44.440]  me to, and the judge calls me up, and he wants my plea, asked me how I plea, and I said,
[01:28:44.440 --> 01:28:45.440]  can I plea reluctantly?
[01:28:45.440 --> 01:28:48.880]  And he said, well, Mr. Kelton, I need you to intervene.
[01:28:48.880 --> 01:28:53.400]  No, I'm going to challenge such a matter of jurisdiction of the court, but first, I want
[01:28:53.400 --> 01:28:55.000]  you to hold an examining trial.
[01:28:55.000 --> 01:28:58.560]  No, Mr. Kelton, I'm not going to hold an examining trial.
[01:28:58.560 --> 01:29:00.160]  Oh, okay.
[01:29:00.160 --> 01:29:03.760]  He just stuck to my tar baby.
[01:29:03.760 --> 01:29:10.760]  I asked him to hold an examining trial because the statute requires him to, and he refused
[01:29:10.760 --> 01:29:11.760]  to.
[01:29:11.760 --> 01:29:15.560]  He refused to perform a duty he was required to perform, and in the process, denied me
[01:29:15.560 --> 01:29:20.360]  the full free access to an enjoyment of a right, that's a Class A misdemeanor in Texas.
[01:29:20.360 --> 01:29:25.440]  I said, well then, Judge, I want you to get the bailiff over here to arrest you for a
[01:29:25.440 --> 01:29:30.000]  Class A misdemeanor, official misconduct, criminal violation, 39.03 Peter Cote.
[01:29:30.000 --> 01:29:34.480]  No, Mr. Kelton, I'm not going to ask the bailiff to arrest me.
[01:29:34.480 --> 01:29:35.480]  Oh, okay.
[01:29:35.480 --> 01:29:39.360]  If you want to be like that about it, then I want the prosecutor over here to come up
[01:29:39.360 --> 01:29:42.720]  here and tell you that you're supposed to give me an examining trial with the prosecutor.
[01:29:42.720 --> 01:29:45.640]  I'm not going to tell him anything.
[01:29:45.640 --> 01:29:51.040]  Each time I ask them to do something and they don't, that's another criminal accusation,
[01:29:51.040 --> 01:29:54.120]  and I'm going to take that to the grand jury, and I'll explain how we do that when we come
[01:29:54.120 --> 01:29:55.120]  back.
[01:29:55.120 --> 01:30:03.920]  Brandy Kelton and Steve Skidmore, who live on radio, we'll be right back.
[01:30:03.920 --> 01:30:06.160]  Do violent video games heighten aggression?
[01:30:06.160 --> 01:30:09.800]  A new study measuring brain activity says they do.
[01:30:09.800 --> 01:30:14.320]  I'm Dr. Catherine Albrecht, and I'll tell you about new research into violent video
[01:30:14.320 --> 01:30:17.280]  games and behavior in a moment.
[01:30:17.280 --> 01:30:19.020]  Privacy is under attack.
[01:30:19.020 --> 01:30:22.620]  When you give up data about yourself, you'll never get it back again.
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[01:30:27.600 --> 01:30:32.760]  So protect your rights, say no to surveillance, and keep your information to yourself.
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[01:30:46.940 --> 01:30:51.600]  Violent video games, some say they're harmless fun, while others insist they make gamers
[01:30:51.600 --> 01:30:52.600]  aggressive.
[01:30:52.600 --> 01:30:58.040]  Now a new study finds that violent games do alter brain activity, not after years of play,
[01:30:58.040 --> 01:31:00.200]  but after one week.
[01:31:00.200 --> 01:31:04.840]  Researchers split male volunteers into two groups and performed MRI scans on them.
[01:31:04.840 --> 01:31:07.840]  One group played a shooting game for 10 hours over a week.
[01:31:07.840 --> 01:31:08.840]  The other didn't.
[01:31:08.840 --> 01:31:13.560]  Follow-up exams show that those who played the game had reduced activity in key areas
[01:31:13.560 --> 01:31:17.120]  of the brain that control emotions and aggressive behavior.
[01:31:17.120 --> 01:31:18.120]  Hmm.
[01:31:18.120 --> 01:31:22.440]  Maybe kids should spend a little less time with villains and more time with heroes, like
[01:31:22.440 --> 01:31:23.440]  maybe their parents.
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[01:33:01.720 --> 01:33:05.320]  You are listening to the Logos Radio Network.
[01:33:05.320 --> 01:33:29.920]  LogosRadioNetwork.com.
[01:33:35.320 --> 01:33:45.920]  Okay, we are back.
[01:33:45.920 --> 01:33:52.920]  Randy Kelton, Steve Skidmore with our radio and we're talking to Ben in Arizona.
[01:33:52.920 --> 01:34:00.720]  Ben, we could do a whole show on this and primarily what we do is due process.
[01:34:00.720 --> 01:34:03.920]  We've gotten into foreclosure once that became a big deal.
[01:34:03.920 --> 01:34:10.320]  But we do due process and we have a whole method for going after these guys.
[01:34:10.320 --> 01:34:14.320]  And it revolves around a grand jury.
[01:34:14.320 --> 01:34:19.320]  I was in court once. I bushwhacked a judge in his courtroom with some criminal complaints.
[01:34:19.320 --> 01:34:23.520]  And he suggested I take my complaints to the sheriff.
[01:34:23.520 --> 01:34:26.920]  And I said I did that, judge. And he threw them in the trash.
[01:34:26.920 --> 01:34:31.120]  And the judge said, well, Mr. Kelton, you can appeal.
[01:34:31.120 --> 01:34:34.720]  He was going to say I could appeal to the district court for rear mandamus.
[01:34:34.720 --> 01:34:37.120]  Don't ask me to appeal, judge.
[01:34:37.120 --> 01:34:41.720]  You go before a corrupt judge and they win to this bogus decision.
[01:34:41.720 --> 01:34:44.320]  And everybody says, oh, that's okay.
[01:34:44.320 --> 01:34:49.120]  You can appeal to a whole panel of corrupt judges and they'll really screw your royal.
[01:34:49.120 --> 01:34:53.120]  And the judge said, well, Mr. Kelton, I don't think it's quite that bad.
[01:34:53.120 --> 01:34:56.720]  That's because you're not pro se. I got a better idea.
[01:34:56.720 --> 01:34:58.720]  I'll appeal to the grand jury.
[01:34:58.720 --> 01:35:02.320]  And he said, well, Mr. Kelton, you can't appeal to the grand jury.
[01:35:02.320 --> 01:35:06.320]  Sure, I can. I can appeal to the grand jury to indict the sheriff
[01:35:06.320 --> 01:35:10.320]  for shielding from prosecution in violation of 3805 penal code.
[01:35:10.320 --> 01:35:17.320]  And the judge sat back in the bench and I could tell he was looking at me thinking,
[01:35:17.320 --> 01:35:22.320]  if I have my bailiff shoot this guy, could I get away with that?
[01:35:22.320 --> 01:35:25.320]  Here's the deal.
[01:35:25.320 --> 01:35:32.120]  The most dangerous guys you deal with are the policemen because they're nuts.
[01:35:32.120 --> 01:35:34.720]  They're out of control.
[01:35:34.720 --> 01:35:37.720]  You're not going to get them in control directly.
[01:35:37.720 --> 01:35:44.520]  The way you get them in control is you file a complaint against the officer.
[01:35:44.520 --> 01:35:49.320]  And I suggest any time one of these officers shows up,
[01:35:49.320 --> 01:35:53.320]  the first thing you do is call 911.
[01:35:53.320 --> 01:35:57.320]  One smart word out of this officer you don't like,
[01:35:57.320 --> 01:36:01.320]  you ask the dispatcher to send somebody out here to arrest him.
[01:36:01.320 --> 01:36:07.320]  My favorite one I ever did was I reached in my car to get my cell phone
[01:36:07.320 --> 01:36:10.320]  and the officer put his hand on his pistol.
[01:36:10.320 --> 01:36:13.320]  I come out with the cell phone and said, get your hand off that pistol.
[01:36:13.320 --> 01:36:15.320]  I didn't move my hand off that pistol.
[01:36:15.320 --> 01:36:18.320]  I dialed 911 and told the dispatcher where I was.
[01:36:18.320 --> 01:36:20.320]  I need you to send an officer out here.
[01:36:20.320 --> 01:36:24.320]  This officer, hey you, what's your name? And he tells me.
[01:36:24.320 --> 01:36:27.320]  I said, I got this officer here and he is terrified.
[01:36:27.320 --> 01:36:29.320]  I'm afraid he's going to wet his drawers.
[01:36:29.320 --> 01:36:33.320]  But before that, I'm afraid he's going to pull his pistol and shoot me first.
[01:36:33.320 --> 01:36:38.320]  Can you get somebody out here who's not terrified of me?
[01:36:38.320 --> 01:36:45.320]  And the guy was looking at me like, I don't believe you just said that to my dispatcher.
[01:36:45.320 --> 01:36:47.320]  Jerk.
[01:36:47.320 --> 01:36:50.320]  So here's how you handle the police officer.
[01:36:50.320 --> 01:36:56.320]  You take a criminal complaint against the police officer to the chief of police
[01:36:56.320 --> 01:36:58.320]  or the sheriff.
[01:36:58.320 --> 01:37:01.320]  And he'll either take it or he'll give it to one of his people.
[01:37:01.320 --> 01:37:05.320]  And they'll say, oh well, blah, blah, blah.
[01:37:05.320 --> 01:37:08.320]  And they won't act on the complaint.
[01:37:08.320 --> 01:37:12.320]  And then you take a complaint against the chief of police.
[01:37:12.320 --> 01:37:16.320]  Now if the chief sends you to a captain or lieutenant, don't mess with them.
[01:37:16.320 --> 01:37:19.320]  The chief of police has responded yet superior.
[01:37:19.320 --> 01:37:21.320]  He is responsible.
[01:37:21.320 --> 01:37:23.320]  He's the guy that heads the office.
[01:37:23.320 --> 01:37:29.320]  You file a criminal charge against him with the district attorney.
[01:37:29.320 --> 01:37:33.320]  And the district attorney is going to refuse to act on it.
[01:37:33.320 --> 01:37:35.320]  At least you hope he does.
[01:37:35.320 --> 01:37:39.320]  And when he refuses to act on it, you go to a district court
[01:37:39.320 --> 01:37:45.320]  and file a complaint with the district court against the district attorney.
[01:37:45.320 --> 01:37:47.320]  And this is how you do that.
[01:37:47.320 --> 01:37:51.320]  You take a manila envelope, you make up a criminal complaint,
[01:37:51.320 --> 01:37:57.320]  put it in the manila envelope, and call the judge's coordinator
[01:37:57.320 --> 01:38:01.320]  and ask when the judge has motion hearings.
[01:38:01.320 --> 01:38:04.320]  In motion hearings, they have a whole bunch of lawyers there
[01:38:04.320 --> 01:38:06.320]  and it takes about 30 seconds per motion.
[01:38:06.320 --> 01:38:08.320]  So they line up in front of the judge.
[01:38:08.320 --> 01:38:13.320]  So it's not like to have a big trial where they're busy
[01:38:13.320 --> 01:38:16.320]  and into one subject all day and they can't break.
[01:38:16.320 --> 01:38:18.320]  They have constant breaks.
[01:38:18.320 --> 01:38:21.320]  So what you do is you wear a suit and tie.
[01:38:21.320 --> 01:38:25.320]  You walk up to the bar and point at the baby.
[01:38:25.320 --> 01:38:27.320]  If you, come here.
[01:38:27.320 --> 01:38:29.320]  And you kind of do it that way.
[01:38:29.320 --> 01:38:30.320]  You're the boss.
[01:38:30.320 --> 01:38:32.320]  This is a republic.
[01:38:32.320 --> 01:38:34.320]  They are all public servants.
[01:38:34.320 --> 01:38:37.320]  You are the master.
[01:38:37.320 --> 01:38:38.320]  So you point at the baby.
[01:38:38.320 --> 01:38:39.320]  If you, come here.
[01:38:39.320 --> 01:38:40.320]  And he's going to wonder.
[01:38:40.320 --> 01:38:42.320]  Lawyers never do that to him.
[01:38:42.320 --> 01:38:43.320]  They're terrified of the courts.
[01:38:43.320 --> 01:38:45.320]  They're terrified of everybody in there.
[01:38:45.320 --> 01:38:47.320]  So he's going to wonder who you are.
[01:38:47.320 --> 01:38:52.320]  And you tell him your name first and then say,
[01:38:52.320 --> 01:38:57.320]  instruct the judge that I have business with the court.
[01:38:57.320 --> 01:39:01.320]  Every time I've done this, the bailiff has said the same thing.
[01:39:01.320 --> 01:39:04.320]  May I tell him the nature of the business?
[01:39:04.320 --> 01:39:08.320]  And depending on whether I'm annoyed at the bailiff,
[01:39:08.320 --> 01:39:10.320]  if I'm annoyed at the bailiff, I'll tell him,
[01:39:10.320 --> 01:39:13.320]  no, you may not, I have business with the court and it's none of yours.
[01:39:13.320 --> 01:39:14.320]  You're dismissed.
[01:39:14.320 --> 01:39:16.320]  And I go sit down.
[01:39:16.320 --> 01:39:19.320]  And that's what I did to this judge I told you about earlier.
[01:39:19.320 --> 01:39:21.320]  I did that to his bailiff.
[01:39:21.320 --> 01:39:25.320]  And his bailiff, he wants to reach across the bar and snatch me over it,
[01:39:25.320 --> 01:39:28.320]  but it's not his courtroom, so he can't.
[01:39:28.320 --> 01:39:30.320]  So he runs up to the judge and jibber-jabber, jibber-jabber,
[01:39:30.320 --> 01:39:32.320]  and the judge, jibber-jabber, jibber-jabber,
[01:39:32.320 --> 01:39:35.320]  looks out at me and I'm sitting here holding this folder.
[01:39:35.320 --> 01:39:37.320]  In this case, it's a red folder.
[01:39:37.320 --> 01:39:40.320]  I always want to read, but I can't get it.
[01:39:40.320 --> 01:39:46.320]  And he sees that red folder and it's something in the human psyche.
[01:39:46.320 --> 01:39:48.320]  He just can't help himself.
[01:39:48.320 --> 01:39:51.320]  He's got to know what's in it.
[01:39:51.320 --> 01:39:54.320]  So when he finished his motion hearings, he said,
[01:39:54.320 --> 01:39:57.320]  Mr. Kelton, I understand you have business with the court.
[01:39:57.320 --> 01:40:03.320]  And you hold up the folder and say, yes, Your Honor, I do.
[01:40:03.320 --> 01:40:05.320]  May I approach?
[01:40:05.320 --> 01:40:10.320]  And what that means is, may I give you this document?
[01:40:10.320 --> 01:40:13.320]  And normally, he'll send the bailiff over to collect it.
[01:40:13.320 --> 01:40:17.320]  In this particular case, the judge was hearing the motions right at the bench.
[01:40:17.320 --> 01:40:19.320]  He said, well, come on up, Mr. Kelton.
[01:40:19.320 --> 01:40:20.320]  I handed him the folder.
[01:40:20.320 --> 01:40:21.320]  He opens it up.
[01:40:21.320 --> 01:40:27.320]  He's looking at criminal charges against the district clerk,
[01:40:27.320 --> 01:40:33.320]  accusing her of secreting criminal charges against the district attorney
[01:40:33.320 --> 01:40:37.320]  secreted criminal charges against all the highest judges in Texas
[01:40:37.320 --> 01:40:40.320]  from the grand jury.
[01:40:40.320 --> 01:40:43.320]  He looked down at that and looked up at me.
[01:40:43.320 --> 01:40:46.320]  Well, Mr. Kelton, these are criminal complaints.
[01:40:46.320 --> 01:40:49.320]  And yes, as a matter of fact, they are.
[01:40:49.320 --> 01:40:53.320]  And Steve just told about going to a judge this way the other day.
[01:40:53.320 --> 01:40:57.320]  And he told the judge that he had two hats.
[01:40:57.320 --> 01:41:01.320]  Will you speak to that, Steve?
[01:41:01.320 --> 01:41:04.320]  Yeah, excuse me.
[01:41:04.320 --> 01:41:05.320]  I tried to.
[01:41:05.320 --> 01:41:13.320]  Well, I drafted a criminal affidavit and took it to the DA.
[01:41:13.320 --> 01:41:15.320]  The DA sent me to Austin Police Department.
[01:41:15.320 --> 01:41:17.320]  Austin Police Department sent me to the AG.
[01:41:17.320 --> 01:41:19.320]  The AG sent me to the bar.
[01:41:19.320 --> 01:41:21.320]  The bar sent me back to the DA.
[01:41:21.320 --> 01:41:27.320]  So I thought, well, who better to take this to than to the judge
[01:41:27.320 --> 01:41:32.320]  in front of whom all of these alleged crimes were committed?
[01:41:32.320 --> 01:41:34.320]  And I said, Your Honor, I understand you have two hats.
[01:41:34.320 --> 01:41:36.320]  And he looked at me kind of funny.
[01:41:36.320 --> 01:41:40.320]  And I said, you have a judge's hat and a magistrate's hat.
[01:41:40.320 --> 01:41:41.320]  And he said, oh, those hats.
[01:41:41.320 --> 01:41:42.320]  He said, yeah, what about them?
[01:41:42.320 --> 01:41:45.320]  I said, well, I'm going to ask you to put your magistrate's hat on
[01:41:45.320 --> 01:41:48.320]  and magistrate these issues.
[01:41:48.320 --> 01:41:52.320]  And of course, he said, well, if I was a witness to it, I can't magistrate it.
[01:41:52.320 --> 01:41:54.320]  So he said, go to the grand jury.
[01:41:54.320 --> 01:41:56.320]  And that sent me back to the DA.
[01:41:56.320 --> 01:41:58.320]  Okay, that is the point.
[01:41:58.320 --> 01:42:02.320]  All judges have two hats.
[01:42:02.320 --> 01:42:08.320]  They have a judge's hat when they're performing their judicial function.
[01:42:08.320 --> 01:42:13.320]  But when someone brings them a criminal accusation,
[01:42:13.320 --> 01:42:18.320]  their judge's hat comes off and their magistrate's hat goes on.
[01:42:18.320 --> 01:42:23.320]  And as a magistrate, they can do three things.
[01:42:23.320 --> 01:42:25.320]  They can marry people.
[01:42:25.320 --> 01:42:28.320]  And they give them that just so they can make a few extra bucks.
[01:42:28.320 --> 01:42:30.320]  Judges don't marry people.
[01:42:30.320 --> 01:42:33.320]  Magistrates marry people.
[01:42:33.320 --> 01:42:37.320]  They can find probable cause and they can set bail.
[01:42:37.320 --> 01:42:39.320]  That's what magistrates do.
[01:42:39.320 --> 01:42:44.320]  So when you give a judge a criminal complaint, you invoke his duty as a magistrate.
[01:42:44.320 --> 01:42:48.320]  In this case, I was in Travis County and I had Bushwhack,
[01:42:48.320 --> 01:42:53.320]  the highest level, the head criminal district judge in Travis County,
[01:42:53.320 --> 01:42:57.320]  essentially the highest level criminal judge in the state
[01:42:57.320 --> 01:43:00.320]  because Travis is the seat of government.
[01:43:00.320 --> 01:43:05.320]  And he kind of must have thought he was above that sort of thing.
[01:43:05.320 --> 01:43:10.320]  But after he talked to me for a few minutes, he knew that I had him.
[01:43:10.320 --> 01:43:12.320]  He said, Mr. Kelton, these are criminal complaints, Your Honor.
[01:43:12.320 --> 01:43:13.320]  They are.
[01:43:13.320 --> 01:43:17.320]  And he said, well, Mr. Kelton, you really need to take these two justices to the piece.
[01:43:17.320 --> 01:43:20.320]  When I was a JP, I took criminal complaints.
[01:43:20.320 --> 01:43:22.320]  I said, I tried that, Judge.
[01:43:22.320 --> 01:43:25.320]  I took an old herb here across the street and he wouldn't take them
[01:43:25.320 --> 01:43:28.320]  because there are criminal complaints against you in there.
[01:43:28.320 --> 01:43:30.320]  And then he eased back and looked at me.
[01:43:30.320 --> 01:43:32.320]  Now he knows who I am.
[01:43:32.320 --> 01:43:38.320]  He said, well, Mr. Kelton, district judges don't take criminal complaints in Travis County.
[01:43:38.320 --> 01:43:40.320]  Oh, that's okay, Judge.
[01:43:40.320 --> 01:43:43.320]  I'm not here to invoke your duty as a district judge.
[01:43:43.320 --> 01:43:46.320]  I'm here to invoke your duty as a magistrate,
[01:43:46.320 --> 01:43:50.320]  and that's a duty from which you may not shield yourself.
[01:43:50.320 --> 01:43:54.320]  That's when you lean back like you're going to shoot me the first time.
[01:43:54.320 --> 01:43:59.320]  Point is, okay, we'll get to it when we come back on the other side.
[01:43:59.320 --> 01:44:03.320]  You feel tired when talking about important topics like money and politics?
[01:44:03.320 --> 01:44:04.320]  Sorry.
[01:44:04.320 --> 01:44:07.320]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.320 --> 01:44:08.320]  What?
[01:44:08.320 --> 01:44:12.320]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.320 --> 01:44:16.320]  Hi, my name is Steve Holt, and like millions of other Americans,
[01:44:16.320 --> 01:44:19.320]  I was diagnosed with stupidity at an early age.
[01:44:19.320 --> 01:44:25.320]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[01:44:25.320 --> 01:44:30.320]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[01:44:30.320 --> 01:44:32.320]  The staff at Brave New Books have helped me
[01:44:32.320 --> 01:44:36.320]  and thousands of other foxaholics suffering from sports zombieism recover.
[01:44:36.320 --> 01:44:40.320]  And because of Brave New Books, I now enjoy reading and watching educational documentaries
[01:44:40.320 --> 01:44:43.320]  without feeling tired or uninterested.
[01:44:43.320 --> 01:44:46.320]  So if you or anybody you know suffers from stupidity,
[01:44:46.320 --> 01:44:54.320]  then you need to call 512-480-2503 or visit them at 1904guadalupe or bravenewbookstore.com.
[01:44:54.320 --> 01:44:57.320]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary
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[01:45:00.320 --> 01:45:03.320]  Are you the plaintiff or defendant in a lawsuit?
[01:45:03.320 --> 01:45:07.320]  Win your case without an attorney with Jurisdictionary,
[01:45:07.320 --> 01:45:15.320]  the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step by step.
[01:45:15.320 --> 01:45:19.320]  If you have a lawyer, know what your lawyer should be doing.
[01:45:19.320 --> 01:45:23.320]  If you don't have a lawyer, know what you should do for yourself.
[01:45:23.320 --> 01:45:28.320]  Thousands have won with our step-by-step course, and now you can too.
[01:45:28.320 --> 01:45:34.320]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:34.320 --> 01:45:39.320]  Even if you're not in a lawsuit, you can learn what everyone should understand
[01:45:39.320 --> 01:45:43.320]  about the principles and practices that control our American courts.
[01:45:43.320 --> 01:45:49.320]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[01:45:49.320 --> 01:45:52.320]  pro se tactics, and much more.
[01:45:52.320 --> 01:46:14.320]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[01:46:22.320 --> 01:46:51.320]  The people come down from the hill
[01:46:51.320 --> 01:47:02.320]  Into the city they will shuffle
[01:47:02.320 --> 01:47:08.320]  Many long nights, many strong thrills
[01:47:08.320 --> 01:47:13.320]  Okay, we are back. Randy Kelton, Steve Skidmore, Rule of Law Radio,
[01:47:13.320 --> 01:47:17.320]  and we're talking to Ben in Arizona.
[01:47:17.320 --> 01:47:22.320]  Ben, we do a show on Thursday and Friday night.
[01:47:22.320 --> 01:47:26.320]  Why don't you call in next Thursday, early in the show?
[01:47:26.320 --> 01:47:31.320]  And today, I went through foreclosure.
[01:47:31.320 --> 01:47:35.320]  Thursday, I'll go through due process.
[01:47:35.320 --> 01:47:38.320]  We call this running the routine on them.
[01:47:38.320 --> 01:47:43.320]  And we'll show you how to set this up so when you get done with these guys,
[01:47:43.320 --> 01:47:47.320]  they're not ever going to want anything to do with you.
[01:47:47.320 --> 01:47:52.320]  And what it goes to is everything's political.
[01:47:52.320 --> 01:47:55.320]  And this is how you create local politics.
[01:47:55.320 --> 01:48:00.320]  You want to get up to the highest level judge you can and get a complaint against him.
[01:48:00.320 --> 01:48:03.320]  Once you have a complaint against a high level judge,
[01:48:03.320 --> 01:48:07.320]  you will find that those high level judges are very, very careful.
[01:48:07.320 --> 01:48:14.320]  They're very, very cognizant of how dangerous you as a private citizen can be to their career.
[01:48:14.320 --> 01:48:17.320]  So they will be careful with you.
[01:48:17.320 --> 01:48:23.320]  And once you file against them, if the policeman shows up on your property again,
[01:48:23.320 --> 01:48:29.320]  you tell him, that judge sent you out here to harass me, didn't he?
[01:48:29.320 --> 01:48:33.320]  Just because I filed one little criminal complaint against him,
[01:48:33.320 --> 01:48:38.320]  he sent you out here to harass me and you watch what happens to the cop.
[01:48:38.320 --> 01:48:42.320]  They are terrified of those judges.
[01:48:42.320 --> 01:48:50.320]  I did that to one next to my house and it was over a fire ban they had,
[01:48:50.320 --> 01:48:54.320]  but they don't have the authority to issue a fire ban, but they do it anyway.
[01:48:54.320 --> 01:48:58.320]  And I was doing some little plastic work and this cop didn't know me.
[01:48:58.320 --> 01:48:59.320]  I lived next to City Hall.
[01:48:59.320 --> 01:49:02.320]  Come up and said, sir, sir, you can't have that open flame.
[01:49:02.320 --> 01:49:04.320]  I said, sure can, look, nothing to it.
[01:49:04.320 --> 01:49:06.320]  No, no, no, we have a fire ban.
[01:49:06.320 --> 01:49:09.320]  I said, wait a minute, you're joking, right?
[01:49:09.320 --> 01:49:10.320]  Oh, no, no, no.
[01:49:10.320 --> 01:49:12.320]  I said, you can't have that open flame.
[01:49:12.320 --> 01:49:16.320]  Wait a minute, that district judge, John Faustel,
[01:49:16.320 --> 01:49:20.320]  that Trump sent you down here to harass me, didn't he?
[01:49:20.320 --> 01:49:24.320]  Just because I filed one crummy little criminal complaint against him
[01:49:24.320 --> 01:49:27.320]  with the attorney general, he sent you down here, didn't he?
[01:49:27.320 --> 01:49:33.320]  And this policeman takes a step back, holds up both hands with his palms out,
[01:49:33.320 --> 01:49:37.320]  one moment, sir, takes out his cell phone, makes a call.
[01:49:37.320 --> 01:49:39.320]  I live next to City Hall.
[01:49:39.320 --> 01:49:45.320]  Palm, the chief of police, steps out of the City Hall in about 45 seconds.
[01:49:45.320 --> 01:49:49.320]  Randy, what are you doing to my new officer?
[01:49:49.320 --> 01:49:53.320]  Oh, Tom Hacker, I was just jerking his chain.
[01:49:53.320 --> 01:50:03.320]  And the policeman said, oh, God, I saw my whole career pass before my eyes.
[01:50:03.320 --> 01:50:06.320]  These guys are terrified of those judges.
[01:50:06.320 --> 01:50:08.320]  They go into court and they do something stupid,
[01:50:08.320 --> 01:50:13.320]  and those judges just ream them big time.
[01:50:13.320 --> 01:50:16.320]  So you want these guys on the bottom not to mess with you?
[01:50:16.320 --> 01:50:21.320]  I get pulled over, and I'm doing 70 and a 60.
[01:50:21.320 --> 01:50:25.320]  I'm pulling a big gooseneck trailer, and the plates are three years out of date.
[01:50:25.320 --> 01:50:28.320]  The cop comes back, gives me my license, and tells me,
[01:50:28.320 --> 01:50:32.320]  slow down a little bit and get those plates fixed.
[01:50:32.320 --> 01:50:34.320]  The next day, I go in the convenience store across the street,
[01:50:34.320 --> 01:50:37.320]  and Bob Jack Cruz listens to the scanner and said,
[01:50:37.320 --> 01:50:39.320]  what did you do to that cop yesterday?
[01:50:39.320 --> 01:50:41.320]  I said, I did nothing to him. Why?
[01:50:41.320 --> 01:50:45.320]  Well, he calls your name in to dispatch, and dispatch called back and said,
[01:50:45.320 --> 01:50:48.320]  don't you dare give that asshole being old a ticket.
[01:50:48.320 --> 01:50:53.320]  Give him his license and get him out of here.
[01:50:53.320 --> 01:50:56.320]  The police are the biggest cowards out there.
[01:50:56.320 --> 01:50:57.320]  Now, that's not fair.
[01:50:57.320 --> 01:51:01.320]  Do you need to go to the courthouse personally to file these charges,
[01:51:01.320 --> 01:51:04.320]  or is a written complaint, and if I do do a written complaint,
[01:51:04.320 --> 01:51:07.320]  does it need to be notarized or sort of mailed?
[01:51:07.320 --> 01:51:10.320]  Yes, absolutely needs to be notarized,
[01:51:10.320 --> 01:51:13.320]  and we'll show you how to write the complaints,
[01:51:13.320 --> 01:51:16.320]  and I have some on some websites you can look at.
[01:51:16.320 --> 01:51:24.320]  Go to jurisimprudence, that's J-U-R-I-S, jurisimprudence,
[01:51:24.320 --> 01:51:30.320]  I-M-P-R-U-D-E-N-C-E dot com,
[01:51:30.320 --> 01:51:36.320]  and on there you will find a link to a whole lot of criminal complaints.
[01:51:36.320 --> 01:51:39.320]  Just look around on the site.
[01:51:39.320 --> 01:51:42.320]  You'll find some really good information on there.
[01:51:42.320 --> 01:51:48.320]  We'll have a section on how to write criminal complaints.
[01:51:48.320 --> 01:51:50.320]  They're a lot of fun.
[01:51:50.320 --> 01:51:53.320]  You won't believe how much fun you can have with these things.
[01:51:53.320 --> 01:51:56.320]  When you go there, just start clicking on the frogs.
[01:51:56.320 --> 01:52:00.320]  Yeah, call it the frog farm conspiracy.
[01:52:00.320 --> 01:52:05.320]  But give us a call Monday, and we're about to run out of time,
[01:52:05.320 --> 01:52:11.320]  and frankly the next caller is Miss Mary from Austin,
[01:52:11.320 --> 01:52:14.320]  and she's the hottest babe in Austin.
[01:52:14.320 --> 01:52:19.320]  So Ben in Arizona, the hottest babe in Austin, let's see.
[01:52:19.320 --> 01:52:20.320]  Call me Monday.
[01:52:20.320 --> 01:52:23.320]  Call me Thursday, and I will go over due process.
[01:52:23.320 --> 01:52:25.320]  I think you will like this.
[01:52:25.320 --> 01:52:29.320]  It is incredibly powerful.
[01:52:29.320 --> 01:52:30.320]  Okay?
[01:52:30.320 --> 01:52:32.320]  Okay, thank you, sir.
[01:52:32.320 --> 01:52:33.320]  Thank you, Ben.
[01:52:33.320 --> 01:52:37.320]  Okay, now we're going to go to the hottest babe in Austin.
[01:52:37.320 --> 01:52:39.320]  Hello, Miss Mary.
[01:52:39.320 --> 01:52:45.320]  Hi, Ramsey, congratulations on the work in Cali, the contract.
[01:52:45.320 --> 01:52:48.320]  Wait, I couldn't understand that.
[01:52:48.320 --> 01:52:50.320]  Congratulations on the project.
[01:52:50.320 --> 01:52:53.320]  Oh, yeah, the project's funded.
[01:52:53.320 --> 01:52:55.320]  We're putting the pieces together.
[01:52:55.320 --> 01:52:57.320]  I'll be heading out to California.
[01:52:57.320 --> 01:53:01.320]  I've got a bunch of people that are getting lined up to get this thing started.
[01:53:01.320 --> 01:53:05.320]  We have a four-month launch date.
[01:53:05.320 --> 01:53:06.320]  Oh, good.
[01:53:06.320 --> 01:53:12.320]  The electronic lawyer, we're going to eliminate the profession of lawyer
[01:53:12.320 --> 01:53:15.320]  and get lawyers to pay us to do it,
[01:53:15.320 --> 01:53:20.320]  and just be as happy with us as they can be in the process.
[01:53:20.320 --> 01:53:23.320]  Well, you know, it's just great.
[01:53:23.320 --> 01:53:30.320]  I mean, things like jurisdictionary and your radio show really helps me
[01:53:30.320 --> 01:53:33.320]  and all my friends, and I just thank you all up there
[01:53:33.320 --> 01:53:38.320]  at Rural Law Radio and Logos Network and all the time you all spend up there.
[01:53:38.320 --> 01:53:40.320]  It's really community service.
[01:53:40.320 --> 01:53:46.320]  I've even gotten offered to go to college for free in D.C. to get a law degree
[01:53:46.320 --> 01:53:51.320]  because of the work I've been able to do because of y'all's tutelage.
[01:53:51.320 --> 01:53:52.320]  That is good to hear.
[01:53:52.320 --> 01:53:58.320]  It's very important what y'all do, and I thank y'all very much.
[01:53:58.320 --> 01:54:03.320]  Well, we're trying to replicate ourselves.
[01:54:03.320 --> 01:54:08.320]  If we can make this understandable and simple enough
[01:54:08.320 --> 01:54:12.320]  that people can feel comfortable starting to do this,
[01:54:12.320 --> 01:54:15.320]  this is how we'll take our country back.
[01:54:15.320 --> 01:54:16.320]  Well, it's true.
[01:54:16.320 --> 01:54:20.320]  You know, when I first started sitting in on the jurisdictionary classes,
[01:54:20.320 --> 01:54:25.320]  it took me a whole year of just writing down all the new words
[01:54:25.320 --> 01:54:27.320]  before I had any comprehension.
[01:54:27.320 --> 01:54:30.320]  The next year, the next two years, the next three years,
[01:54:30.320 --> 01:54:35.320]  I can sit down and talk with lawyers like I'm one of the guys.
[01:54:35.320 --> 01:54:42.320]  But for this year, I sat in class and I just wrote over and over and over
[01:54:42.320 --> 01:54:44.320]  what was on the video screen.
[01:54:44.320 --> 01:54:47.320]  Every week, wrote the same thing over and over.
[01:54:47.320 --> 01:54:49.320]  It is legalese.
[01:54:49.320 --> 01:54:51.320]  It is another language.
[01:54:51.320 --> 01:54:56.320]  And don't fool yourselves like I did when I had to represent myself
[01:54:56.320 --> 01:54:58.320]  in a great embarrassment.
[01:54:58.320 --> 01:55:03.320]  But I had to because one of the attorneys I was using, Greenling,
[01:55:03.320 --> 01:55:06.320]  some Greenling trust attorney,
[01:55:06.320 --> 01:55:10.320]  tried to sneak out another 10,000 out of my pocketbook instead of five
[01:55:10.320 --> 01:55:12.320]  before the next court date.
[01:55:12.320 --> 01:55:15.320]  I had no idea what to do against this guy.
[01:55:15.320 --> 01:55:18.320]  And on my own, I think I learned how to bargrieve somebody.
[01:55:18.320 --> 01:55:21.320]  But the opposing attorney, I was scared to bargrieve him more than once
[01:55:21.320 --> 01:55:24.320]  because I thought he'd send one of his goons out to kill me
[01:55:24.320 --> 01:55:26.320]  if he only works for felons and drug dealers.
[01:55:26.320 --> 01:55:30.320]  So this is the real world out here, not some old TV show.
[01:55:30.320 --> 01:55:32.320]  And y'all have given me real tools,
[01:55:32.320 --> 01:55:35.320]  and y'all have enabled me to help real people.
[01:55:35.320 --> 01:55:38.320]  When the police have broken their arms,
[01:55:38.320 --> 01:55:55.320]  I've negotiated at the city hall with some ruthless attorneys and all this.
[01:56:08.320 --> 01:56:10.320]  Thank you.
[01:56:38.320 --> 01:56:40.320]  Thank you.
[01:57:08.320 --> 01:57:10.320]  Thank you.
[01:57:38.320 --> 01:57:40.320]  Thank you.
[01:58:08.320 --> 01:58:10.320]  I think it's
[01:58:12.320 --> 01:58:14.320]  I'm like a walking
[01:58:16.320 --> 01:58:18.320]  I'm dangerous
[01:58:20.320 --> 01:58:22.320]  I'm like a walking
[01:58:24.320 --> 01:58:26.320]  I'm dangerous
[01:58:28.320 --> 01:58:30.320]  If you are a bully
[01:58:31.320 --> 01:58:33.320]  Treat me good
[01:58:33.320 --> 01:58:36.320]  If you are a bully, a bully
[01:58:36.320 --> 01:58:39.320]  I beg you, treat me good
[01:58:41.320 --> 01:58:43.320]  I'm like a stepping in praise
[01:58:43.320 --> 01:58:45.320]  I don't care what's inside
[01:58:45.320 --> 01:58:47.320]  I'm dangerous
[01:58:47.320 --> 01:59:03.320]  I'm dangerous
[01:59:17.320 --> 01:59:20.320]  I'm dangerous
[01:59:48.320 --> 01:59:50.320]  Looking for some truth?
[01:59:50.320 --> 01:59:51.320]  You found it.
[01:59:51.320 --> 02:00:17.320]  Logosradionetwork.com