ROL_2015-01-09_16k_Hr3-4.timecode

[00:00.000 --> 00:07.720]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.720 --> 00:08.720]  at thelibertybeat.com.
[00:08.720 --> 00:13.880]  I'm Brian Hagan with your Liberty Beat for Friday, January 9, 2015.
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[00:58.920 --> 01:03.960]  In the news, on Thursday, a bill to approve the construction of the Keystone XL oil pipeline
[01:03.960 --> 01:06.600]  passed another barrier in the Senate.
[01:06.600 --> 01:10.880]  The Senate Energy Committee approved the measure with a 13-9 vote.
[01:10.880 --> 01:14.560]  The bill will go before the full Senate next week, while the House of Representatives is
[01:14.560 --> 01:20.040]  scheduled to vote on Friday.
[01:20.040 --> 01:22.840]  Texas is being Californized.
[01:22.840 --> 01:27.200]  That declaration was made Thursday by Texas Governor-elect Greg Abbott.
[01:27.200 --> 01:30.720]  The Austin American Statesman reports that Abbott is calling for doing away with local
[01:30.720 --> 01:33.960]  bans ranging from plastic bags to fracking.
[01:33.960 --> 01:39.680]  Abbott, speaking at a downtown Austin conference hosted by the Texas Public Policy Foundation,
[01:39.680 --> 01:42.680]  said such bans are eroding private property rights.
[01:42.680 --> 01:49.680]  Abbott will be inaugurated as governor on January 20th.
[01:49.680 --> 01:53.920]  Bans from across the political spectrum are organizing a global day of action against
[01:53.920 --> 01:57.080]  the use of torture on January 31st.
[01:57.080 --> 02:01.080]  In response to a lack of media coverage and action from politicians following the release
[02:01.080 --> 02:06.060]  of a Senate report on TIA torture, a number of organizations are calling for rallies and
[02:06.060 --> 02:11.040]  protests across the globe to stand in solidarity with victims of torture.
[02:11.040 --> 02:15.880]  The anti-media, the Conscious Resistance Network, the Solutions Institute, and a growing list
[02:15.880 --> 02:19.840]  of activist groups and media outlets are joining in calls for action.
[02:19.840 --> 02:24.200]  Several cities are planning on hosting mock-water boarding and force-feeding presentations.
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[02:49.560 --> 02:54.400]  This is the Liberty Meet for Friday, January 9th, 2015.
[02:54.400 --> 03:14.800]  Check out the website at libertymeet.com.
[03:14.800 --> 03:38.320]  This is the Liberty Meet for Friday, January 9th, 2015.
[03:38.320 --> 03:45.320]  And I can take anything that belongs to me and put it to good use
[03:45.320 --> 03:52.320]  Well, I was good for the gander, gonna work for the fools
[03:52.320 --> 04:00.320]  I know some architects, I know some engineers
[04:00.320 --> 04:07.320]  They see the evidence, they know a certain seems queer
[04:07.320 --> 04:10.320]  What's up with the blatant deception
[04:10.320 --> 04:12.320]  Welcome back to Rural Law Radio, folks
[04:12.320 --> 04:19.320]  It is a very brisk, very cool evening here in Austin, Texas
[04:19.320 --> 04:24.320]  And I'm sure around the rest of the country it's probably no different
[04:24.320 --> 04:33.320]  Rudy in Tennessee, we were talking about transportation code
[04:33.320 --> 04:37.320]  And that you're really kind of new to this and you just found us
[04:37.320 --> 04:40.320]  And I'm really glad that you called in
[04:40.320 --> 04:45.320]  As a matter of fact, over the last break, not this past break, but the break before
[04:45.320 --> 04:52.320]  Randy and I were commenting that we were not familiar with a Rudy in Tennessee
[04:52.320 --> 04:54.320]  Are you a first-time caller?
[04:54.320 --> 04:56.320]  Yes, sir
[04:56.320 --> 05:05.320]  Okay, okay, so you have admitted that no fault to yourself, I'm glad that you did
[05:05.320 --> 05:09.320]  That you're not very familiar with this
[05:09.320 --> 05:13.320]  You're fixing to jump into the deep end of the pool
[05:13.320 --> 05:17.320]  But there's no other way to learn how to swim, okay?
[05:17.320 --> 05:25.320]  Now, it would be beneficial to somebody to learn all this stuff before they get pulled over
[05:25.320 --> 05:31.320]  But generally, as human beings, we don't worry about our ox until our ox gets gored
[05:31.320 --> 05:35.320]  So, use this as a learning experience
[05:35.320 --> 05:42.320]  Do not expect to win, but do expect to learn something very, very valuable
[05:42.320 --> 05:48.320]  If you do not win, keep going, keep going
[05:48.320 --> 05:51.320]  Everything is appealable, okay?
[05:51.320 --> 06:00.320]  One thing that you need to learn is that the only purpose for the trial court
[06:00.320 --> 06:04.320]  The reason the trial court was put there
[06:04.320 --> 06:11.320]  Was for a place for you to leave a footprint on your way to the appellate court
[06:11.320 --> 06:14.320]  That imposes a duty on you
[06:14.320 --> 06:19.320]  Your duty to prepare yourself to go to the appellate court
[06:19.320 --> 06:24.320]  Your footprint is going to be your record
[06:24.320 --> 06:27.320]  You've got to make your record
[06:27.320 --> 06:36.320]  Get all your points, get all your case law, get all your arguments, all your evidence on the record
[06:36.320 --> 06:37.320]  Okay?
[06:37.320 --> 06:41.320]  Now, where do you get all that?
[06:41.320 --> 06:44.320]  You get that from reading your code
[06:44.320 --> 06:50.320]  And where I would start, I take it you have a license, correct?
[06:50.320 --> 06:51.320]  Yes, sir
[06:51.320 --> 06:52.320]  Okay
[06:52.320 --> 06:58.320]  Were you using that license at the time you got pulled over?
[06:58.320 --> 07:03.320]  I gave him the license when he asked for it
[07:03.320 --> 07:06.320]  Objection, irrelevant
[07:06.320 --> 07:13.320]  Were you using that license at the time that he saw you allegedly run the stop sign?
[07:13.320 --> 07:15.320]  What do I mean by that question?
[07:15.320 --> 07:17.320]  Commercial
[07:17.320 --> 07:18.320]  There you go
[07:18.320 --> 07:20.320]  Commercial
[07:20.320 --> 07:25.320]  Did you have a paying customer in your car?
[07:25.320 --> 07:29.320]  Somebody who was paying for a ride?
[07:29.320 --> 07:30.320]  No, sir
[07:30.320 --> 07:44.320]  Okay, did you have any documents, forms, any cargo, anything that you were delivering for a fee?
[07:44.320 --> 07:45.320]  No, sir
[07:45.320 --> 07:46.320]  No, sir?
[07:46.320 --> 07:49.320]  So far you're not engaged in commerce
[07:49.320 --> 07:55.320]  You had a driver's license, but you weren't using it at the moment
[07:55.320 --> 08:00.320]  That's right, you were acting in your private capacity, not your public capacity
[08:00.320 --> 08:14.320]  The only reason that the transportation code would be enforceable on you is if you were making money using the public right-of-way
[08:14.320 --> 08:19.320]  That is a key term, right-of-way
[08:19.320 --> 08:30.320]  Your way is your chosen course of how to get to point A to point B
[08:30.320 --> 08:36.320]  Your right cannot be converted into a privilege
[08:36.320 --> 08:40.320]  Is driving a right or a privilege?
[08:40.320 --> 08:42.320]  A right
[08:42.320 --> 08:53.320]  No, sir, traveling is a privilege, driving is a revocable right granted to you by the issue of that license by whatever state you live in
[08:53.320 --> 08:56.320]  He's introducing you to legal ease
[08:56.320 --> 08:57.320]  The term
[08:57.320 --> 09:01.320]  And the deep end of the pool
[09:01.320 --> 09:02.320]  Okay?
[09:02.320 --> 09:10.320]  So, go to your transportation code, spend a lot of time memorizing these definitions
[09:10.320 --> 09:15.320]  You want to be able to rattle these things off at the drop of a pin, okay?
[09:15.320 --> 09:20.320]  Yeah, it helps listening to you guys talk about it all, you know, like you guys do
[09:20.320 --> 09:28.320]  Okay, well, somebody better to have you tuned in on a Monday night
[09:28.320 --> 09:29.320]  Eddie?
[09:29.320 --> 09:30.320]  Yes
[09:30.320 --> 09:31.320]  Eddie Craig?
[09:31.320 --> 09:35.320]  I take it you've tuned in on a Monday night since you're familiar with the name
[09:35.320 --> 09:40.320]  I've listened, I mean, I've listened to you guys' podcast, this is the first time I've...
[09:40.320 --> 09:43.320]  Oh, okay, okay, okay, good
[09:43.320 --> 09:45.320]  Well, you'll get a lot from the podcasts
[09:45.320 --> 09:50.320]  If you're, no, you're not in Central Time Zone, what time zone? You're in Eastern, aren't you?
[09:50.320 --> 09:51.320]  No, Central, Central
[09:51.320 --> 09:57.320]  You're in Central, okay, well, Monday night at 8 o'clock from 8 to 10
[09:57.320 --> 10:08.320]  You can listen live and call in and have a verbal discourse with Mr. Craig and get some sage advice from him
[10:08.320 --> 10:18.320]  I don't know if I want to call it advice, he's not a lawyer, so he may kind of throw a shoe at that, but that's fine
[10:18.320 --> 10:21.320]  You can get some opinion from him
[10:21.320 --> 10:22.320]  There you go
[10:22.320 --> 10:24.320]  He is very opinionated
[10:24.320 --> 10:29.320]  He is very opinionated, and rightly so, the man's done his homework
[10:29.320 --> 10:39.320]  But Eddie might be able to get you where you want to be a little quicker than we can, but no, at this point, coming...
[10:39.320 --> 10:42.320]  When did you get the ticket?
[10:42.320 --> 10:44.320]  About eight hours ago
[10:44.320 --> 10:50.320]  Oh, okay, this is fresh, okay, good, you still got some time
[10:50.320 --> 10:58.320]  Wait a minute, you just tuned in, and you've just been listening for a little while, and you're familiar with Eddie Craig
[10:58.320 --> 11:01.320]  Did you get this ticket on purpose so you could have fun?
[11:01.320 --> 11:10.320]  No, no, I have got a ticket, and I got the taste of what it was to, I guess you could say, win in court
[11:10.320 --> 11:16.320]  And I had just started listening to you guys, and it was over a technicality, of course
[11:16.320 --> 11:25.320]  The gentleman didn't put that I was speeding on the ticket, and then they charged me for speeding once I went to the court to pay for insurance
[11:25.320 --> 11:28.320]  That I thought that I was getting a ticket for
[11:28.320 --> 11:36.320]  And I took that to court, and anyways, making a long story short, after a retrial, I won
[11:36.320 --> 11:40.320]  And it was just, it was really an exhilarating sort of feeling
[11:40.320 --> 11:46.320]  Okay, so then you're not as unfamiliar with the system as I was led to believe
[11:46.320 --> 11:56.320]  Well, not by my part, I hope I didn't make you believe that, but it's safer to play dumb, I suppose
[11:56.320 --> 12:02.320]  Wow, you make me feel like I sound intimidating, I hope that's not the impression you get
[12:02.320 --> 12:06.320]  What we believe is now your responsibility
[12:06.320 --> 12:08.320]  Yes
[12:08.320 --> 12:11.320]  Go ahead
[12:11.320 --> 12:18.320]  That's true, and I mean, if I could tell you further what happened with this particular incident
[12:18.320 --> 12:23.320]  Well, you're the only one on, so yeah, you've got the floor, buddy, go run with it
[12:23.320 --> 12:27.320]  Okay, I thought I had a way out that kind of slipped through my fingers here
[12:27.320 --> 12:35.320]  When I stopped, pulled over, the gentleman asked for my insurance and license, and I handed it to him, who went to his car
[12:35.320 --> 12:42.320]  Stop, stop, stop, define way out, you said that you thought that you had a way out, a way out of what?
[12:42.320 --> 12:46.320]  A way out of this ticket
[12:46.320 --> 12:50.320]  Okay, they're on the roadside?
[12:50.320 --> 12:58.320]  Right, the gentleman came back from the car, and he handed me the ticket, and he said that this was a citation
[12:58.320 --> 13:07.320]  That I don't have to appear in court, that I just, on the back, if I look at the back of the ticket, it'll show where I have, how do I pay it
[13:07.320 --> 13:14.320]  And I had said something back to him, which I probably shouldn't have wasted my breath
[13:14.320 --> 13:25.320]  But I said something rather smart-alecky back to him, and the gentleman, obviously, irritated, demanded the ticket back
[13:25.320 --> 13:28.320]  Is it something that you can say on air?
[13:28.320 --> 13:36.320]  Oh yeah, oh yeah, I said, I hope, well, thank you, I sarcastically said, thank you sir, I hope you sleep better at night
[13:36.320 --> 13:44.320]  Knowing that you shakedown people who are barely making it, or barely making by, something along those lines
[13:44.320 --> 13:47.320]  Barely getting by on what, okay, okay
[13:47.320 --> 13:55.320]  So he was irritated at this point, and he demanded the ticket back, and I had already signed it
[13:55.320 --> 14:01.320]  And I said, well, that's fine, it's fine like this, may I go on my way
[14:01.320 --> 14:11.320]  And he insisted, and he got really argumentative, and to the point that I thought in my head, well, I'll give it back to him
[14:11.320 --> 14:20.320]  And clearly, if he signs, if he tries to write over it, or any modifications of what I had already signed
[14:20.320 --> 14:24.320]  There would be something to argue with, I thought, in my mind
[14:24.320 --> 14:29.320]  Unless he puts it back over the carbon that he took it off of
[14:29.320 --> 14:38.320]  That's what I saw him doing, and then I was saying, are you seriously going to write something onto the paper that I had already signed
[14:38.320 --> 14:46.320]  And then he stopped, and he told me, or he yelled at me about the fact that, fine, I'm going to tell you this verbally
[14:46.320 --> 14:51.320]  You have to appear in court now
[14:51.320 --> 14:56.320]  You didn't have to attend court before, but now you do
[14:56.320 --> 14:58.320]  Have a good day
[14:58.320 --> 15:02.320]  You should have asked him, do you have your body mic on
[15:02.320 --> 15:06.320]  Well, the thing is, I had this thing recorded, I had my cell phone on
[15:06.320 --> 15:08.320]  Okay
[15:08.320 --> 15:10.320]  Good
[15:10.320 --> 15:16.320]  You should still ask him if he's got his body mic on, because now that you've recorded it
[15:16.320 --> 15:28.320]  You can, in discovery, hang on, in discovery, you can ask, you can demand the production of the recording from his body mic
[15:28.320 --> 15:33.320]  And you can compare the two
[15:33.320 --> 15:43.320]  And you can prove that if they've doctored theirs, that, oh, wait a minute, I've got him saying, let's play that again, got him saying, what
[15:43.320 --> 15:46.320]  Give me that ticket back
[15:46.320 --> 15:53.320]  Now you've got to appear in court, whoa, wait a minute, that's retaliatory
[15:53.320 --> 15:56.320]  That's retaliatory
[15:56.320 --> 16:07.320]  Now, Randy, if there is nothing in writing that says he's got to go to court
[16:07.320 --> 16:15.320]  What authority does that officer have on the side of the road to give him a verbal order to appear in court?
[16:15.320 --> 16:22.320]  That's a good question, and it would be specific to Tennessee law
[16:22.320 --> 16:29.320]  In Texas, you could be arrested for even a class C misdemeanor
[16:29.320 --> 16:40.320]  But the officer is given the discretion to release you on your own recognizance on a promise to appear
[16:40.320 --> 16:47.320]  He has that discretion in all but two instances, speeding and open container
[16:47.320 --> 16:50.320]  You better make this quick, we've got ten seconds
[16:50.320 --> 16:55.320]  Okay, but otherwise you would have to appear in court anyway, this doesn't make sense
[16:55.320 --> 17:00.320]  Hang on, Randy Kelton, Steve Kiddmore, we've got radio, we'll be right back
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[19:00.320 --> 19:11.320]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com
[19:11.320 --> 19:14.320]  Well, don't let nothing get to you
[19:14.320 --> 19:17.320]  Only the Father can deliver you
[19:17.320 --> 19:20.320]  Don't let bad-minded people hurt you
[19:20.320 --> 19:23.320]  And just sit and get behind you
[19:23.320 --> 19:33.320]  Norman, my friend, now I'll judge you
[19:33.320 --> 19:35.320]  Welcome back to Rule Law Radio, folks
[19:35.320 --> 19:38.320]  512-646-1984
[19:38.320 --> 19:41.320]  We'll get you in behind Rudy in Tennessee
[19:41.320 --> 19:46.320]  Now, Rudy, okay
[19:46.320 --> 19:49.320]  When you go to the store
[19:49.320 --> 19:53.320]  And all your groceries are tallied up
[19:53.320 --> 19:58.320]  And the clerk there at the store says
[19:58.320 --> 20:00.320]  That'll be $122, sir
[20:00.320 --> 20:03.320]  And you scan your credit card
[20:03.320 --> 20:06.320]  And you got to sign the receipt thing
[20:06.320 --> 20:09.320]  And you sign the receipt
[20:09.320 --> 20:11.320]  And then the clerk says
[20:11.320 --> 20:14.320]  Oh, can I get that receipt back?
[20:14.320 --> 20:17.320]  There's some grocery items that I need
[20:17.320 --> 20:20.320]  That I'd like to add to this receipt
[20:20.320 --> 20:23.320]  And have you pay for them
[20:23.320 --> 20:28.320]  Okay, once you sign it, it's over, done deal
[20:28.320 --> 20:31.320]  It's over, you're free to go
[20:31.320 --> 20:34.320]  Now, you say something smart, Alecky
[20:34.320 --> 20:40.320]  And Mr. Godlike figure with a gun and a piece of tin on his chest
[20:40.320 --> 20:43.320]  And some kind of costume
[20:43.320 --> 20:47.320]  With the impression that he has some sort of authority
[20:47.320 --> 20:53.320]  Thinks that he'll retaliate for that smart Alecky response
[20:53.320 --> 20:56.320]  By ordering you now to go to court verbally
[20:56.320 --> 21:00.320]  Now, who is he?
[21:00.320 --> 21:04.320]  Does he work for you? He's a public official
[21:04.320 --> 21:09.320]  Are you the servant or is he the servant?
[21:09.320 --> 21:12.320]  He is the servant
[21:12.320 --> 21:16.320]  What do you do to your servant
[21:16.320 --> 21:22.320]  When your servant is insubordinate to you?
[21:22.320 --> 21:25.320]  It's a dangerous thing these days
[21:25.320 --> 21:29.320]  Randy would take them to the grand jury, wouldn't you, Randy?
[21:29.320 --> 21:32.320]  If a public official exerts
[21:32.320 --> 21:37.320]  Or purports to exert an authority he does not expressly have
[21:37.320 --> 21:42.320]  Or fails to perform a duty he's required to perform
[21:42.320 --> 21:48.320]  And in the process denies me in the full and free access to or enjoyment of a right
[21:48.320 --> 21:51.320]  That's a crime in every state
[21:51.320 --> 21:57.320]  And in most states it's a Class A misdemeanor next thing to a felony
[21:57.320 --> 22:04.320]  So let him explain his behavior to a grand jury of your peers
[22:04.320 --> 22:07.320]  If you haven't listened to the show much
[22:07.320 --> 22:11.320]  We'll talk about running the routine on them
[22:11.320 --> 22:14.320]  This is so much fun
[22:14.320 --> 22:21.320]  Well, Randy, Rudy's the only caller we've got until midnight central time
[22:21.320 --> 22:24.320]  Okay, let's talk about the routine
[22:24.320 --> 22:27.320]  You've got an hour and a half, go
[22:27.320 --> 22:30.320]  There's a few rules here
[22:30.320 --> 22:40.320]  And the first rule is, never ask a public official to do anything you actually want the public official to do
[22:40.320 --> 22:50.320]  Because you never ask a public official to do anything that the law does not specifically require him to do
[22:50.320 --> 22:52.320]  Or her
[22:52.320 --> 22:56.320]  So you keep in mind that they are public servants
[22:56.320 --> 23:00.320]  You, on the other hand, you are the master
[23:00.320 --> 23:03.320]  And they are never to forget it
[23:03.320 --> 23:14.320]  And this works the best when you use it on something that is just so incredibly minor and nitpicking they can't believe it
[23:14.320 --> 23:16.320]  Give you an example
[23:16.320 --> 23:21.320]  I go to Judge Jacqueline Wright's court
[23:21.320 --> 23:24.320]  And yeah, I do use their names
[23:24.320 --> 23:26.320]  And she's a justice of the peace
[23:26.320 --> 23:28.320]  And I asked to see some records
[23:28.320 --> 23:30.320]  And their clerks gave me a little bit of problem
[23:30.320 --> 23:32.320]  But then they brought me the records
[23:32.320 --> 23:36.320]  And I've got three folders here and I have the first one open
[23:36.320 --> 23:39.320]  And the judge comes over
[23:39.320 --> 23:46.320]  And she said, Mr. Kelton, you can't look at those, you're a security risk
[23:46.320 --> 23:50.320]  And she's on the other side of the counter behind bulletproof glass
[23:50.320 --> 23:52.320]  Oh, I'm a security risk
[23:52.320 --> 23:55.320]  So I closed the folder, slid it across the table
[23:55.320 --> 24:01.320]  Well, the bailiff had kind of sidled up there to kind of keep control of things
[24:01.320 --> 24:04.320]  So I turned to the bailiff and I said, Mr. Bailiff, did you hear that?
[24:04.320 --> 24:06.320]  Yes, Mr. Kelton, I did
[24:06.320 --> 24:10.320]  I pointed at the judge and said, arrest that woman
[24:10.320 --> 24:14.320]  What can arrest a judge? This is her court
[24:14.320 --> 24:16.320]  Oh, you are mistaken
[24:16.320 --> 24:18.320]  This is not her court
[24:18.320 --> 24:20.320]  This is my court
[24:20.320 --> 24:25.320]  And I very generously allow her to administer it according to my law
[24:25.320 --> 24:29.320]  And she just breached one of them, arrest her
[24:29.320 --> 24:32.320]  Oh, that was so much fun
[24:32.320 --> 24:38.320]  You get to see the bailiff do what we call this little chicken dance
[24:38.320 --> 24:41.320]  It's where he shifted from one foot to the other
[24:41.320 --> 24:45.320]  Trying to figure out a way out from under this spot
[24:45.320 --> 24:51.320]  You see, they want to treat you as if you are the servant and they are the masters
[24:51.320 --> 25:00.320]  When you do a switch-up on them, their problem is they know that you are right
[25:00.320 --> 25:06.320]  They know that they are wrong and now you've got them on the dime
[25:06.320 --> 25:13.320]  Have you ever called 911 on a police officer?
[25:13.320 --> 25:15.320]  Not yet
[25:15.320 --> 25:18.320]  Oh, you're going to like this
[25:18.320 --> 25:22.320]  When I get a police officer and he gets an attitude
[25:22.320 --> 25:26.320]  You know, it's a matter of perspective
[25:26.320 --> 25:28.320]  I'm a combat veteran
[25:28.320 --> 25:31.320]  I don't own weapons
[25:31.320 --> 25:34.320]  And that's because I've spent some time on the sharp end of those things
[25:34.320 --> 25:38.320]  It gives me a whole different perspective on those things
[25:38.320 --> 25:46.320]  When a police officer steps up to me and he is prominently displaying a deadly weapon
[25:46.320 --> 25:52.320]  That is a really, really big deal
[25:52.320 --> 26:01.320]  When you strap that loaded pistol on, you have to strap on some serious professionalism
[26:01.320 --> 26:07.320]  If I encounter a police officer prominently displaying a deadly weapon
[26:07.320 --> 26:10.320]  And he demonstrates a state of agitation
[26:10.320 --> 26:14.320]  I'm calling 911
[26:14.320 --> 26:21.320]  I'm calling 911, get someone out here, I'm afraid this guy is going to shoot me
[26:21.320 --> 26:25.320]  I did this once in Bowie, Texas
[26:25.320 --> 26:30.320]  When I reached in to get my cell phone, he put his hand on his pistol
[26:30.320 --> 26:35.320]  And I come out with the cell phone and I told him, get your hand away from that pistol
[26:35.320 --> 26:38.320]  I'm not putting my hand on my pistol
[26:38.320 --> 26:43.320]  So I called 911 and asked him to send an officer out here
[26:43.320 --> 26:47.320]  I've got one of your officers here and he is so terrified
[26:47.320 --> 26:50.320]  I'm afraid he's going to wet his drawers
[26:50.320 --> 26:55.320]  But he's got his hand on his pistol and I'm afraid he's so terrified he might shoot me first
[26:55.320 --> 26:59.320]  Can you send somebody out here who's not terrified of me?
[26:59.320 --> 27:03.320]  And this officer is standing there looking at me like
[27:03.320 --> 27:08.320]  I don't believe you just said that to my dispatcher
[27:08.320 --> 27:12.320]  It changes everything
[27:12.320 --> 27:16.320]  When you dial 911 on the police
[27:16.320 --> 27:21.320]  Now you get a police officer out here that you have summoned
[27:21.320 --> 27:27.320]  For the purpose of taking a criminal accusation against one of his buddies
[27:27.320 --> 27:31.320]  Now he's stuck between you and a thin blue line
[27:31.320 --> 27:34.320]  And you get to see this little chicken dance
[27:34.320 --> 27:38.320]  But you don't really want him to take your complaint
[27:38.320 --> 27:43.320]  You see, the first thing you complain about is something really minor
[27:43.320 --> 27:47.320]  Like this judge wouldn't show me these records
[27:47.320 --> 27:49.320]  So I asked the bailiff to arrest her
[27:49.320 --> 27:51.320]  And he refused, he couldn't arrest her
[27:51.320 --> 27:54.320]  He said, Mr. Culkin, I have to administer the court
[27:54.320 --> 27:57.320]  Let me take you down to my boss
[27:57.320 --> 27:59.320]  I said, that'll work
[27:59.320 --> 28:03.320]  So we go downstairs and he takes me to the elected constable
[28:03.320 --> 28:06.320]  And the constable said, what can I do for you?
[28:06.320 --> 28:10.320]  I said, my name's Randall Culkin, I need you to arrest this bailiff
[28:10.320 --> 28:13.320]  He said, what? I can arrest the bailiff
[28:13.320 --> 28:17.320]  I said, sure you can, just throw the cuffs on him and drag him off to jail
[28:17.320 --> 28:22.320]  He said, well, why would I arrest my bailiff?
[28:22.320 --> 28:25.320]  Well, for official oppression
[28:25.320 --> 28:29.320]  Misfeasance in office, in that he failed to perform a duty he is required to perform
[28:29.320 --> 28:33.320]  Well, what duty was that? He wouldn't arrest a judge
[28:33.320 --> 28:38.320]  Now, this guy's not sure if I'm joking or not
[28:38.320 --> 28:44.320]  Part of the problem he's having is, is I'm not upset
[28:44.320 --> 28:49.320]  I'm not the least bit angry, I'm not the least bit agitated
[28:49.320 --> 28:55.320]  The reason? These guys are doing exactly what I want them to do
[28:55.320 --> 29:00.320]  I ask him to arrest his officer and he refuses
[29:00.320 --> 29:05.320]  That's a violation of 3805 Penal Code, it's a felony in the state of Texas
[29:05.320 --> 29:08.320]  Shielding from prosecution
[29:08.320 --> 29:13.320]  And we can throw in obstruction of justice just for yucks
[29:13.320 --> 29:22.320]  And if he says anything to me that I can in any way construe as threatening
[29:22.320 --> 29:25.320]  Tampering with a witness, obstruction of justice
[29:25.320 --> 29:30.320]  You guys want to dance? I'll welcome you to the deep end of the pool
[29:30.320 --> 29:35.320]  So he wouldn't arrest his constable, he said, well we don't do that
[29:35.320 --> 29:37.320]  You don't do that
[29:37.320 --> 29:45.320]  He said, no, we're constables, we serve, we do process service and such
[29:45.320 --> 29:49.320]  I said, are you a certified peace officer in the state of Texas?
[29:49.320 --> 29:51.320]  He said, yes I am
[29:51.320 --> 29:56.320]  Then under Article 2.13 Code of Criminal Procedure, it's your duty to keep the peace in the county
[29:56.320 --> 29:59.320]  By all legal means, arrest that man
[30:02.320 --> 30:05.320]  Remember that Carly Simon Love song, Coming Around Again?
[30:05.320 --> 30:10.320]  Well, a couple who divorced nearly half a century ago has come around again to each other
[30:10.320 --> 30:16.320]  I'm Dr. Catherine Albrecht, back with the heartwarming tale of an I do redo in a moment
[30:16.320 --> 30:18.320]  Privacy is under attack
[30:18.320 --> 30:22.320]  When you give up data about yourself, you'll never get it back again
[30:22.320 --> 30:27.320]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[30:27.320 --> 30:32.320]  So protect your rights, say no to surveillance and keep your information to yourself
[30:32.320 --> 30:35.320]  Privacy, it's worth hanging on to
[30:35.320 --> 30:38.320]  This message is brought to you by StartPage.com
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[30:42.320 --> 30:45.320]  Start over with StartPage
[30:45.320 --> 30:48.320]  They say if love is meant to be, it'll come back
[30:48.320 --> 30:52.320]  And Lena Henderson and Roland Davis, both 85, are living proof
[30:52.320 --> 30:56.320]  As 19-year-olds, Lena and Roland married in 1944
[30:56.320 --> 31:01.320]  They lived together for 20 years, had four kids, but then called it quits
[31:01.320 --> 31:03.320]  They stayed in touch and on good terms
[31:03.320 --> 31:08.320]  When Roland's second wife died, he called up Lena and re-popped the question
[31:08.320 --> 31:10.320]  Will you marry me? Again, he asked
[31:10.320 --> 31:12.320]  Her reply, well, yes
[31:12.320 --> 31:16.320]  Roland flew to Colorado with his engagement ring pinned to his shirt so he wouldn't lose it
[31:16.320 --> 31:20.320]  And with four generations of family watching, they re-tied the knot
[31:20.320 --> 31:22.320]  This time, hopefully for good
[31:22.320 --> 31:31.320]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine
[31:52.320 --> 31:55.320]  The job of 10 products that saves you space, time and money
[31:55.320 --> 32:01.320]  Call 888-910-4367 or visit usa.org
[32:01.320 --> 32:05.320]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar
[32:05.320 --> 32:08.320]  In today's America, we live in an us-against-them society
[32:08.320 --> 32:10.320]  And if we, the people, are ever going to have a free society
[32:10.320 --> 32:13.320]  Then we're going to have to stand and defend our own rights
[32:13.320 --> 32:16.320]  Among those rights are the right to travel freely from place to place
[32:16.320 --> 32:18.320]  The right to act in our own private capacity
[32:18.320 --> 32:20.320]  And most importantly, the right to due process of law
[32:20.320 --> 32:23.320]  Traffic courts afford us the least expensive opportunity
[32:23.320 --> 32:26.320]  To learn how to enforce and preserve our rights through due process
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[32:29.320 --> 32:32.320]  Has put together the most comprehensive teaching tool available
[32:32.320 --> 32:34.320]  That will help you understand what due process is
[32:34.320 --> 32:36.320]  And how to hold courts to the rule of law
[32:36.320 --> 32:38.320]  You can get your own copy of this invaluable material
[32:38.320 --> 32:41.320]  By going to ruleoflawradio.com and ordering your copy today
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[32:43.320 --> 32:46.320]  The Texas Transportation Code, The Law Versus the Lie
[32:46.320 --> 32:48.320]  Video and audio of the original 2009 seminar
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[32:51.320 --> 32:53.320]  Learn how to fight for your rights with the help of this material
[32:53.320 --> 32:55.320]  From ruleoflawradio.com
[32:55.320 --> 33:19.320]  Order your copy today and together we can have the free society we all want and deserve
[33:25.320 --> 33:50.320]  I won't let you pull the wool over my eyes
[33:50.320 --> 33:58.320]  I surely must refuse your nose, also coming light
[33:58.320 --> 34:06.320]  It seems you like the face, but please take some words to the wise
[34:06.320 --> 34:18.320]  Please stop trying to pull the wool over my eyes
[34:18.320 --> 34:22.320]  Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio
[34:22.320 --> 34:26.320]  And we're talking about how to run the routine
[34:26.320 --> 34:35.320]  The problem you'll have with this routine, Rudy, is it can get to be way too much fun
[34:35.320 --> 34:40.320]  And when I say never ask a public official to do anything you actually want him to do
[34:40.320 --> 34:44.320]  It's real important to keep that in your mind
[34:44.320 --> 34:48.320]  You go to these guys and you ask them to do what they're supposed to do
[34:48.320 --> 34:57.320]  And when they don't do what they're supposed to do, you tend to feel betrayed and mistreated
[34:57.320 --> 35:02.320]  You respond to that with anger, frustration, agitation
[35:02.320 --> 35:10.320]  These public officials, especially police and courts, are very used to people coming in
[35:10.320 --> 35:15.320]  And responding, reacting and responding this way
[35:15.320 --> 35:19.320]  So, set them up
[35:19.320 --> 35:24.320]  Set them up, go in and ask them to do stuff that you don't want them to do
[35:24.320 --> 35:29.320]  I was in an eviction case where we help people stop eviction
[35:29.320 --> 35:33.320]  And I handed the judge a challenge subject matter jurisdiction
[35:33.320 --> 35:37.320]  Ten minutes before the case started, 30 page challenge
[35:37.320 --> 35:43.320]  He was furious and dismissed it without reading it
[35:43.320 --> 35:46.320]  And I leaned up on the bench and I said, Your Honor
[35:46.320 --> 35:53.320]  Are you really going to deny that challenge to subject matter jurisdiction without even reading it?
[35:53.320 --> 35:55.320]  I made my ruling, Mr. Kelton
[35:55.320 --> 35:57.320]  Oh, thank you, Your Honor
[35:57.320 --> 36:00.320]  We're done here
[36:00.320 --> 36:03.320]  I turned and walked away from the judge
[36:03.320 --> 36:06.320]  Pointed at the bail, if you come with me
[36:06.320 --> 36:10.320]  We get out in the hall and I want the bailiff to arrest the judge
[36:10.320 --> 36:14.320]  The bailiff refuses and he's getting all huffy puffy
[36:14.320 --> 36:17.320]  And he whirls around and starts stomping away
[36:17.320 --> 36:24.320]  And I said, Mr. Curtis, I need you to take your cheeking suit off
[36:24.320 --> 36:28.320]  And he froze just like I'd hit him in the back of the head
[36:28.320 --> 36:34.320]  Turned around real slow and said, Mr. Kelton, that was uncalled for
[36:34.320 --> 36:37.320]  Yes, it was called for, you coward
[36:37.320 --> 36:40.320]  It's your job to keep peace in the courtroom
[36:40.320 --> 36:42.320]  It doesn't make any difference who reaches it
[36:42.320 --> 36:45.320]  Now you're going to have to do your job, you coward
[36:45.320 --> 36:48.320]  He is absolutely fuming
[36:48.320 --> 36:55.320]  But his problem is I'm asking him to do his job and arrest the judge
[36:55.320 --> 36:58.320]  And he don't want to do his job
[36:58.320 --> 37:01.320]  So I've kind of put him in a conundrum
[37:01.320 --> 37:10.320]  And when they see you not reacting with anger and frustration and betrayal
[37:10.320 --> 37:14.320]  They're always scratching your head thinking
[37:14.320 --> 37:18.320]  What does this guy know that I don't know?
[37:18.320 --> 37:25.320]  With Judge Wright, when the constable wouldn't arrest
[37:25.320 --> 37:28.320]  When the head constable wouldn't arrest his constable
[37:28.320 --> 37:31.320]  He said he had a policy, and I told him
[37:31.320 --> 37:34.320]  Well, you got a policy, I got a constitution
[37:34.320 --> 37:38.320]  I got a statute that says you can wipe your behind with that policy
[37:38.320 --> 37:41.320]  Now arrest him, and he refused
[37:41.320 --> 37:45.320]  So I went across to the sheriff and asked for a sheriff's deputy
[37:45.320 --> 37:48.320]  And they said they'd get one to me
[37:48.320 --> 37:50.320]  So while I'm waiting, the constable shows up
[37:50.320 --> 37:54.320]  Because the sheriff apparently called him
[37:54.320 --> 37:58.320]  And he said, Mr. Kelton, if you want me to
[37:58.320 --> 38:02.320]  I will take your complaint to the district attorney
[38:02.320 --> 38:06.320]  Oh, no, no, no, don't do that
[38:06.320 --> 38:09.320]  I'll get to the district attorney
[38:09.320 --> 38:14.320]  But I hadn't got everybody to touch my tar baby yet
[38:14.320 --> 38:16.320]  And he said, you what?
[38:16.320 --> 38:18.320]  That's why I got this little tar baby
[38:18.320 --> 38:20.320]  The judge touched it
[38:20.320 --> 38:24.320]  And the constable, your constable touched it, or your bailiff
[38:24.320 --> 38:26.320]  And you touched it
[38:26.320 --> 38:29.320]  Now I want to get the sheriff to touch it
[38:29.320 --> 38:32.320]  The guy just shook his head like
[38:32.320 --> 38:34.320]  I don't believe he's doing this
[38:34.320 --> 38:36.320]  He sat in everybody's seat
[38:36.320 --> 38:41.320]  So a sheriff deputy shows up, he's actually a captain
[38:41.320 --> 38:44.320]  And he comes in, he's captain so-and-so
[38:44.320 --> 38:48.320]  He said, I just got off duty, so I'm not in uniform, but can I help you?
[38:48.320 --> 38:52.320]  He said, yes, you can, I need you to arrest the constable over there
[38:52.320 --> 38:56.320]  He looked at the constable, and the constable just kind of hunched his shoulder like
[38:56.320 --> 38:58.320]  I don't know
[38:58.320 --> 39:00.320]  Why would I arrest the constable?
[39:00.320 --> 39:02.320]  Well, he wouldn't arrest his bailiff
[39:02.320 --> 39:05.320]  Because he wouldn't arrest the judge
[39:05.320 --> 39:08.320]  And the captain said, well
[39:08.320 --> 39:10.320]  Around the maypole we go
[39:10.320 --> 39:14.320]  Well, Mr. Kelton, I'm off duty
[39:14.320 --> 39:16.320]  You're a certified police officer, aren't you?
[39:16.320 --> 39:20.320]  Yes, you know you're never off duty
[39:20.320 --> 39:23.320]  Well, why can't you arrest the constable?
[39:23.320 --> 39:25.320]  I said, come on, captain
[39:25.320 --> 39:27.320]  Take your chicken suit off
[39:27.320 --> 39:31.320]  And this really works well
[39:31.320 --> 39:34.320]  Whenever you talk to these people
[39:34.320 --> 39:38.320]  Always keep foremost in your mind
[39:38.320 --> 39:43.320]  What will play well in front of a grand jury?
[39:43.320 --> 39:49.320]  Don't say or do anything that won't play well in front of a grand jury
[39:49.320 --> 39:54.320]  Never ask them to do something that the law doesn't require them to do
[39:54.320 --> 39:58.320]  These are police officers, when a police officer has made known that a crime has been committed
[39:58.320 --> 40:00.320]  He has a duty to keep to peace
[40:00.320 --> 40:04.320]  He does not have a duty to protect you
[40:04.320 --> 40:08.320]  He has a duty to keep to peace and enforce the law
[40:08.320 --> 40:11.320]  So I ask him to do just that
[40:11.320 --> 40:15.320]  When he refuses, that's misfeasance in office
[40:15.320 --> 40:18.320]  And if he commits misfeasance in office
[40:18.320 --> 40:23.320]  For the purpose of shielding someone else from prosecution
[40:23.320 --> 40:27.320]  That's a Class A misdemeanor and a third degree felony
[40:27.320 --> 40:31.320]  And if they say anything that I can take is threatening
[40:31.320 --> 40:34.320]  That's two third degree felonies
[40:34.320 --> 40:37.320]  Obstruction of justice, tampering with the witness
[40:37.320 --> 40:41.320]  So let's just stack them up guys
[40:41.320 --> 40:45.320]  This makes them crazy
[40:45.320 --> 40:51.320]  Every citizen needs to know how to do this
[40:51.320 --> 40:53.320]  So Randy
[40:53.320 --> 40:54.320]  Yes
[40:54.320 --> 40:59.320]  Do you think I have the grounds to argue something based on
[40:59.320 --> 41:05.320]  What happened after the fact with the ticket and with the recording?
[41:05.320 --> 41:10.320]  Well, you charged him with official oppression
[41:10.320 --> 41:17.320]  By retaliating against you for exercising your rights
[41:17.320 --> 41:20.320]  I know, that's assuming that's all clear
[41:20.320 --> 41:23.320]  That's what made clear on the audio, correct?
[41:23.320 --> 41:30.320]  Yes, and with that audio it wouldn't be too hard to build a civil rights case
[41:30.320 --> 41:34.320]  Okay, this calls for a word of warning
[41:34.320 --> 41:37.320]  Never mention the audio
[41:37.320 --> 41:39.320]  Correct
[41:39.320 --> 41:45.320]  What you do is you quote verbatim what was said
[41:45.320 --> 41:47.320]  I was doing this in court
[41:47.320 --> 41:50.320]  I don't think I've ever had more fun in court
[41:50.320 --> 41:53.320]  I'm quoting exactly what was said
[41:53.320 --> 41:55.320]  And the lawyer said
[41:55.320 --> 41:57.320]  Are you sure that's exactly what was said?
[41:57.320 --> 42:00.320]  I am certain that's exactly what was said
[42:00.320 --> 42:04.320]  And the lawyer said, well you must have a photographic memory
[42:04.320 --> 42:09.320]  Oh no, I have a horrible memory
[42:09.320 --> 42:13.320]  And the lawyer said, well then how do you know that's exactly what was said?
[42:13.320 --> 42:15.320]  Oh, I took that from the transcript
[42:15.320 --> 42:17.320]  What transcript?
[42:17.320 --> 42:19.320]  The one from the tape recording
[42:19.320 --> 42:22.320]  I withdraw the question, the judge just shakes his head
[42:22.320 --> 42:24.320]  The judge, I was watching him
[42:24.320 --> 42:27.320]  And he's kind of ducking his head in his hand
[42:27.320 --> 42:29.320]  He saw it coming
[42:29.320 --> 42:32.320]  The lawyer didn't get it
[42:32.320 --> 42:35.320]  But I said from the recording
[42:35.320 --> 42:37.320]  Then he said, I withdraw the question
[42:37.320 --> 42:41.320]  The judge said, no, no counselor
[42:41.320 --> 42:43.320]  You opened that door
[42:43.320 --> 42:49.320]  Now I can introduce the lawyer himself
[42:49.320 --> 42:54.320]  Established foundation for the recording
[42:54.320 --> 42:55.320]  Well he didn't
[42:55.320 --> 42:59.320]  What he did was instead of me bringing the recording
[42:59.320 --> 43:06.320]  He stipulated to the accuracy of my testimony
[43:06.320 --> 43:12.320]  It's a whole different animal when you're taking them on
[43:12.320 --> 43:16.320]  They wrote me a ticket for speeding and the guy was lying
[43:16.320 --> 43:17.320]  I was doing no such thing
[43:17.320 --> 43:20.320]  Because I knew he was there
[43:20.320 --> 43:25.320]  So first thing I did was file some information requests for his authority
[43:25.320 --> 43:28.320]  To enforce the traffic code
[43:28.320 --> 43:32.320]  I wanted to see all of his certifications
[43:32.320 --> 43:33.320]  I didn't get any of that
[43:33.320 --> 43:38.320]  So I filed criminal charges against the mayor and the city attorney
[43:38.320 --> 43:41.320]  The bar grievance against the city attorney
[43:41.320 --> 43:45.320]  These guys are just hopping up and down and having a fit
[43:45.320 --> 43:49.320]  They're going to have to have another fit on the other side of this break
[43:49.320 --> 43:52.320]  512-646-1984
[43:52.320 --> 43:55.320]  Sorry to cut you out Randy, but call in folks
[43:55.320 --> 43:57.320]  And Mark in Texas, we'll see you there
[43:57.320 --> 43:59.320]  We'll be right back
[43:59.320 --> 44:06.320]  Hello, my name is Stuart Smith from naturespureorganics.com
[44:06.320 --> 44:09.320]  And I would like to invite you to come by our store at 1904
[44:09.320 --> 44:12.320]  Guadalupe Street, Suite D here in Austin, Texas
[44:12.320 --> 44:14.320]  Hiring Brave New Books and Chase Bank
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[44:33.320 --> 44:37.320]  Or find us online at naturespureorganics.com
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[44:40.320 --> 44:42.320]  naturespureorganics.com
[44:42.320 --> 44:46.320]  Don't forget to like us on Facebook for information on events and our products
[44:46.320 --> 44:49.320]  naturespureorganics.com
[45:01.320 --> 45:04.320]  Are you the plaintiff or defendant in a lawsuit?
[45:04.320 --> 45:07.320]  Win your case without an attorney with Juris Dictionary
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[45:15.320 --> 45:19.320]  If you have a lawyer, know what your lawyer should be doing
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[45:23.320 --> 45:26.320]  Thousands have won with our step by step course
[45:26.320 --> 45:28.320]  And now you can too
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[45:34.320 --> 45:39.320]  Even if you're not in a lawsuit, you can learn what everyone should understand
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[46:13.320 --> 46:40.320]  Music
[46:40.320 --> 46:45.320]  Okay, we are back, Randy Kelton, Steve Kigmore, Rule of Law Radio
[46:45.320 --> 46:50.320]  And Rudy, you got this ticket
[46:50.320 --> 46:53.320]  And when you signed the ticket
[46:53.320 --> 47:01.320]  Did you agree to appear before the court of jurisdiction?
[47:01.320 --> 47:09.320]  Or did you agree to appear before some magistrate?
[47:09.320 --> 47:11.320]  Look in the traffic code
[47:11.320 --> 47:13.320]  Actually, yeah, look at your ticket
[47:13.320 --> 47:18.320]  Look at your ticket first to see if it's a summons
[47:18.320 --> 47:23.320]  And which it will be
[47:23.320 --> 47:28.320]  Yeah, it may say that you agree to appear before some magistrate
[47:28.320 --> 47:31.320]  But if it doesn't, check what the code says
[47:31.320 --> 47:42.320]  In Texas, traffic code authorizes a police officer to release someone on their own recognizance
[47:42.320 --> 47:48.320]  If they sign a promise to appear before some magistrate
[47:48.320 --> 47:52.320]  And that's because on every arrest without a warrant
[47:52.320 --> 47:59.320]  The arresting officer must take the person directly to the nearest magistrate
[47:59.320 --> 48:03.320]  So the police officer orders you to appear before a magistrate
[48:03.320 --> 48:05.320]  And the reason you have to appear before a magistrate
[48:05.320 --> 48:12.320]  Is before the trial court can get jurisdiction in a criminal accusation
[48:12.320 --> 48:17.320]  Some magistrate must hold an examining trial
[48:17.320 --> 48:25.320]  And determine if there is sufficient evidence to establish reasonable probable cause
[48:25.320 --> 48:30.320]  To force you to stand and answer to a criminal accusation
[48:30.320 --> 48:34.320]  Once the magistrate has performed an examining trial
[48:34.320 --> 48:38.320]  Then he will issue an order showing that he found probable cause
[48:38.320 --> 48:42.320]  And forward that to the clerk of the court of jurisdiction
[48:42.320 --> 48:46.320]  That's how jurisdiction gets to the trial court
[48:46.320 --> 48:53.320]  Even if the magistrate and the trial judge are the same person makes no difference
[48:53.320 --> 48:58.320]  First appearance is to be before some magistrate
[48:58.320 --> 49:00.320]  Every judge has two hats
[49:00.320 --> 49:04.320]  He has a magistrate's hat or a judge's hat
[49:04.320 --> 49:11.320]  If he has his judge's hat on, you have bypassed magistration
[49:11.320 --> 49:13.320]  And gone straight to trial
[49:13.320 --> 49:17.320]  In this ticket in Asel I spoke about earlier
[49:17.320 --> 49:21.320]  When I appeared the first time like I said I would
[49:21.320 --> 49:25.320]  The judge called me up and I had known this judge years before
[49:25.320 --> 49:28.320]  I had been before him months before
[49:28.320 --> 49:31.320]  He called me up and I walked up there and I looked at the name
[49:31.320 --> 49:34.320]  And I said Judge Dedman
[49:34.320 --> 49:37.320]  It seems I remember Judge Dedman in Asel
[49:37.320 --> 49:40.320]  But I don't remember him having quite that much gray hair
[49:40.320 --> 49:43.320]  And the judge looked at me and said yes Mr. Kelton
[49:43.320 --> 49:47.320]  And I don't remember your belly being quite that big
[49:47.320 --> 49:49.320]  Touche
[49:49.320 --> 49:53.320]  Well I had seen this judge he was a real pleasant individual
[49:53.320 --> 49:56.320]  So I could get away with it a little more
[49:56.320 --> 49:59.320]  So he said Mr. Kelton how do you plea?
[49:59.320 --> 50:04.320]  I said well I'm not ready for that yet I want to have an examining trial
[50:04.320 --> 50:08.320]  He said no Mr. Kelton we're not going to have an examining trial
[50:08.320 --> 50:10.320]  Well if we're not going to have an examining trial
[50:10.320 --> 50:14.320]  Then I want you to have that bailiff come over here and arrest you
[50:14.320 --> 50:16.320]  Will you call the bailiff over here?
[50:16.320 --> 50:19.320]  No Mr. Kelton I'm not going to ask the bailiff to arrest me
[50:19.320 --> 50:22.320]  Well I can do it no Mr. Kelton
[50:22.320 --> 50:24.320]  The bailiff is not going to arrest me
[50:24.320 --> 50:27.320]  Well what about the prosecutor over here?
[50:27.320 --> 50:30.320]  We can have him have the bailiff arrest you
[50:30.320 --> 50:33.320]  To know in the bailiff and the prosecutor
[50:33.320 --> 50:37.320]  I'm not going to do it I'm not doing it
[50:37.320 --> 50:42.320]  So we went through the routine so they kind of knew something was coming
[50:42.320 --> 50:48.320]  And then I started filing requests for information
[50:48.320 --> 50:54.320]  Which I knew they would not responsibly answer
[50:54.320 --> 50:57.320]  And they didn't
[50:57.320 --> 51:01.320]  And I filed criminal charges against them I really gave them a hard time
[51:01.320 --> 51:06.320]  But all the time I'm having a great time here
[51:06.320 --> 51:08.320]  This is great fun for me
[51:08.320 --> 51:12.320]  And they can tell it's great fun for me
[51:12.320 --> 51:16.320]  This is what aggravates them
[51:16.320 --> 51:19.320]  Yeah they're thinking what is this guy
[51:19.320 --> 51:25.320]  What's he got up his sleeve that we don't know about
[51:25.320 --> 51:28.320]  It makes them want this
[51:28.320 --> 51:30.320]  It's all about the money
[51:30.320 --> 51:32.320]  Just about seeing how much money they can collect
[51:32.320 --> 51:34.320]  How fast they can collect it
[51:34.320 --> 51:39.320]  And if you can make yourself too much cost to them
[51:39.320 --> 51:41.320]  Too much threat to them
[51:41.320 --> 51:42.320]  They're going to want this thing to go away
[51:42.320 --> 51:44.320]  That's what they did with mine
[51:44.320 --> 51:45.320]  It is hard to get them to do that
[51:45.320 --> 51:48.320]  Generally they'll fight you like a tiger
[51:48.320 --> 51:51.320]  But it's a traffic ticket
[51:51.320 --> 51:54.320]  I mean big deal
[51:54.320 --> 51:59.320]  They're going to find you guilty almost no matter what you do
[51:59.320 --> 52:01.320]  So it's worth a good fight
[52:01.320 --> 52:04.320]  That's the cheapest legal education you'll ever get
[52:04.320 --> 52:09.320]  And if you ever get anyone there that's in any way threatening
[52:09.320 --> 52:12.320]  Dial 9-1-1 on them
[52:12.320 --> 52:17.320]  And what you want to do is you want to walk up the chain
[52:17.320 --> 52:23.320]  What I did with Judge White's court when she wouldn't show me her records
[52:23.320 --> 52:28.320]  I went to the sheriff and he wouldn't take my complaint
[52:28.320 --> 52:31.320]  And from the sheriff you go to the prosecuting attorney
[52:31.320 --> 52:34.320]  And they won't take the complaint because they never talk to you
[52:34.320 --> 52:36.320]  They send you to the investigators
[52:36.320 --> 52:38.320]  And investigators always tell you to get lost
[52:38.320 --> 52:40.320]  So that's what we hope they do
[52:40.320 --> 52:43.320]  Because then we go to a district judge
[52:43.320 --> 52:46.320]  Highest level judge you can find
[52:46.320 --> 52:50.320]  And know one thing you're probably thinking
[52:50.320 --> 52:52.320]  When I start suggesting doing this
[52:52.320 --> 52:56.320]  You're thinking these guys are going to retaliate against me
[52:56.320 --> 52:59.320]  Never have they done that
[52:59.320 --> 53:04.320]  Especially if you can get up to a high level judge
[53:04.320 --> 53:08.320]  Keep in mind that high level judge
[53:08.320 --> 53:11.320]  He don't mean anything to you
[53:11.320 --> 53:13.320]  You're the master
[53:13.320 --> 53:15.320]  They're all public servants
[53:15.320 --> 53:18.320]  The higher level the judge
[53:18.320 --> 53:20.320]  The more he understands that
[53:20.320 --> 53:24.320]  And the more dangerous you are to him politically
[53:24.320 --> 53:26.320]  The higher level they are
[53:26.320 --> 53:30.320]  The more people they got below them that want their position
[53:30.320 --> 53:34.320]  They're all looking for political cannon fodder they can use against the judge
[53:34.320 --> 53:37.320]  And the last thing that judge wants
[53:37.320 --> 53:41.320]  Is some citizen filing criminal charges against him
[53:41.320 --> 53:45.320]  Because he wouldn't take criminal charges against the district attorney
[53:45.320 --> 53:48.320]  Because the district attorney wouldn't just walk down the line
[53:48.320 --> 53:54.320]  I was next to my house doing some plastic welding on a tank
[53:54.320 --> 53:56.320]  And we had a fire ban on
[53:56.320 --> 53:58.320]  This is Texas and it was during a drought
[53:58.320 --> 54:00.320]  And this officer came up, he didn't know me
[54:00.320 --> 54:02.320]  He's a new officer
[54:02.320 --> 54:05.320]  I live right next to City Hall, small town
[54:05.320 --> 54:08.320]  Sir, you can't have that open flame
[54:08.320 --> 54:10.320]  And I held up this little propane torch
[54:10.320 --> 54:12.320]  Rotated it in my hand
[54:12.320 --> 54:14.320]  He said, sure I can, look, nothing to it
[54:14.320 --> 54:17.320]  Oh no, no, no, we have a fire ban on
[54:17.320 --> 54:20.320]  And well, they don't have authority to issue a fire ban
[54:20.320 --> 54:22.320]  So I wasn't worried about it
[54:22.320 --> 54:24.320]  So I said, now wait a minute, you see this equipment here
[54:24.320 --> 54:26.320]  I could outrun the fire department with it
[54:26.320 --> 54:27.320]  So it's not a problem
[54:27.320 --> 54:29.320]  Oh no, no, no, you can't have that
[54:29.320 --> 54:31.320]  I said, wait a minute
[54:31.320 --> 54:33.320]  You're joshing me, right? You're just joking
[54:33.320 --> 54:36.320]  Oh no sir, no sir, I'm not joking
[54:36.320 --> 54:38.320]  Wait a minute
[54:38.320 --> 54:41.320]  That district judge, John Faustel
[54:41.320 --> 54:45.320]  Sent you down here to harass me, didn't he?
[54:45.320 --> 54:49.320]  Just because I filed one crummy little criminal complaint against him
[54:49.320 --> 54:51.320]  With the attorney general
[54:51.320 --> 54:55.320]  He sent you down here to harass me, didn't he?
[54:55.320 --> 54:58.320]  So this guy takes a step back
[54:58.320 --> 55:01.320]  Holds up both hands with his palms out
[55:01.320 --> 55:04.320]  And said, one moment Mr. Kelton
[55:04.320 --> 55:07.320]  Took out his cell phone, dialed in about 30 seconds
[55:07.320 --> 55:11.320]  The chief of police stepped out of City Hall
[55:11.320 --> 55:15.320]  Randy, what are you doing to my new officer?
[55:15.320 --> 55:19.320]  I said, oh Tom, I was just jerking his chain
[55:19.320 --> 55:22.320]  And the officer said
[55:22.320 --> 55:28.320]  Oh God, I saw my whole career pass before my eyes
[55:28.320 --> 55:32.320]  That should tell you a whole lot
[55:32.320 --> 55:36.320]  These police officers are terrified of those judges
[55:36.320 --> 55:39.320]  They go into court and if they do anything stupid
[55:39.320 --> 55:43.320]  The district judge just quarrels down their throats
[55:43.320 --> 55:45.320]  They're terrified of them
[55:45.320 --> 55:49.320]  So the higher you can get, the faster
[55:49.320 --> 55:52.320]  When the district judge doesn't take your complaint
[55:52.320 --> 55:54.320]  Then take it to the state attorney general
[55:54.320 --> 55:59.320]  When he doesn't take it, take it to the chief justice of the Supreme Court
[55:59.320 --> 56:02.320]  Because if Tennessee's like Texas
[56:02.320 --> 56:06.320]  It'll have a statute stating who are magistrates
[56:06.320 --> 56:09.320]  Texas it says, who are magistrates?
[56:09.320 --> 56:13.320]  Article 2.09 Code of Criminal Procedure
[56:13.320 --> 56:19.320]  Justices of the Supreme Court, first one
[56:19.320 --> 56:25.320]  So you file a complaint with the chief justice of the Supreme
[56:25.320 --> 56:30.320]  You can do that because you are the master
[56:30.320 --> 56:32.320]  They are the servants
[56:32.320 --> 56:36.320]  And by filing it, you invoke the chief justice's duty
[56:36.320 --> 56:39.320]  Which you know he's not going to do
[56:39.320 --> 56:42.320]  Then you come back to the district attorney with criminal charges
[56:42.320 --> 56:48.320]  Against the chief justice of the Supreme Court of the state of Texas
[56:48.320 --> 56:52.320]  They are not going to be happy campers
[56:52.320 --> 56:54.320]  Tennessee
[56:54.320 --> 56:57.320]  The reason this works
[56:57.320 --> 57:03.320]  Is you will never win your case simply because
[57:03.320 --> 57:08.320]  You have the law and the facts on your side to think so is naive
[57:08.320 --> 57:13.320]  You will only win your case if you have the politics on your side
[57:13.320 --> 57:17.320]  And all politics is local
[57:17.320 --> 57:22.320]  This is how you generate a little local politics
[57:22.320 --> 57:28.320]  When you got all of these public officials with complaints against them
[57:28.320 --> 57:32.320]  And you got the prosecutor down here getting chewed out by the district judge
[57:32.320 --> 57:35.320]  Who's getting chewed out by the attorney general
[57:35.320 --> 57:38.320]  Who's getting chewed out by the chief justice of the supreme
[57:38.320 --> 57:42.320]  Everybody's unhappy
[57:42.320 --> 57:47.320]  And the poor little policeman down on the bottom who started all of this
[57:47.320 --> 57:50.320]  He is cannon fodder
[57:50.320 --> 57:54.320]  Rudy, I haven't met you there
[57:54.320 --> 57:58.320]  We were getting some noise in the background so I had to meet you
[57:58.320 --> 58:01.320]  What do you think? Does this sound like fun or what?
[58:01.320 --> 58:08.320]  Yeah, no, I don't know how advanced I am to handle all of that
[58:08.320 --> 58:11.320]  That's why this is archived
[58:11.320 --> 58:14.320]  That's why this show is archived
[58:14.320 --> 58:18.320]  Go back and listen to this archive until you got it memorized
[58:18.320 --> 58:23.320]  And keep in mind that anybody in this process
[58:23.320 --> 58:27.320]  A bailiff, a policeman, anybody says anything
[58:27.320 --> 58:32.320]  You can in any way construe as threatening or intimidating
[58:32.320 --> 58:34.320]  Dial 911 immediately
[58:34.320 --> 58:37.320]  You want that recorded
[58:37.320 --> 58:41.320]  You're laying the record
[58:41.320 --> 58:47.320]  Once you call 911 on them one time, now all that stuff's gonna stop
[58:47.320 --> 58:50.320]  We'll be right back
[59:18.320 --> 59:21.320]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.320 --> 59:24.320]  Clearly presents God's plan of salvation
[59:24.320 --> 59:27.320]  Growing in Christ and how to build up the church
[59:27.320 --> 59:30.320]  To order your free New Testament recovery version
[59:30.320 --> 59:33.320]  And Basic Elements of the Christian Life
[59:33.320 --> 59:40.320]  Call Bibles for America toll free at 888-551-0102
[59:40.320 --> 59:44.320]  That's 888-551-0102
[59:44.320 --> 59:50.320]  Or visit us online at bfa.org
[59:50.320 --> 59:55.320]  You're listening to the Logos Radio Network
[59:55.320 --> 01:00:00.320]  At logosradionetwork.com
[01:00:03.320 --> 01:00:07.320]  This is the Liberty Beat, your daily source for Liberty news and activist updates
[01:00:07.320 --> 01:00:09.320]  Online at thelibertybeat.com
[01:00:09.320 --> 01:00:13.320]  I'm Brian Hagan with your Liberty Beat for Friday, January 9, 2015
[01:00:13.320 --> 01:00:16.320]  Gold is trading at $1,211
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[01:00:55.320 --> 01:00:59.320]  To learn more about food security in a time of crisis
[01:00:59.320 --> 01:01:04.320]  In the news, on Thursday, a bill to approve the construction of the Keystone XL oil pipeline
[01:01:04.320 --> 01:01:07.320]  Passed another barrier in the Senate
[01:01:07.320 --> 01:01:11.320]  The Senate Energy Committee approved the measure with a 13-9 vote
[01:01:11.320 --> 01:01:20.320]  The bill will go before the full Senate next week, while the House of Representatives is scheduled to vote on Friday
[01:01:20.320 --> 01:01:23.320]  Texas is being Californized
[01:01:23.320 --> 01:01:27.320]  That declaration was made Thursday by Texas Governor-Elect, Greg Abbott
[01:01:27.320 --> 01:01:32.320]  The Austin American Statesman reports that Abbott is calling for doing away with local bans
[01:01:32.320 --> 01:01:34.320]  Ranging from plastic bags to fracking
[01:01:34.320 --> 01:01:39.320]  Abbott, speaking at a downtown Austin conference hosted by the Texas Public Policy Foundation
[01:01:39.320 --> 01:01:42.320]  Said such bans are eroding private property rights
[01:01:42.320 --> 01:01:49.320]  Abbott will be inaugurated as governor on January 20th
[01:01:49.320 --> 01:01:56.320]  Activists from across the political spectrum are organizing a global day of action against the use of torture on January 31st
[01:01:56.320 --> 01:02:03.320]  In response to a lack of media coverage and action from politicians following the release of the Senate report on CIA torture
[01:02:03.320 --> 01:02:10.320]  A number of organizations are calling for rallies and protests across the globe to stand in solidarity with victims of torture
[01:02:10.320 --> 01:02:19.320]  The anti-media, the Conscious Resistance Network, the Solutions Institute, and a growing list of activist groups and media outlets are joining in calls for action
[01:02:19.320 --> 01:02:23.320]  Several cities are planning on hosting mock-water boarding and force-feeding presentations
[01:02:23.320 --> 01:02:28.320]  Today's broadcast of Liberty Beat is made possible by Central Texas Gunworks
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[01:02:49.320 --> 01:02:54.320]  This is the Liberty Beat for Friday, January 9th, 2015
[01:02:54.320 --> 01:03:02.320]  Check out the website at libertybeat.com
[01:03:24.320 --> 01:03:44.320]  Welcome back. Oh, you do it.
[01:03:44.320 --> 01:03:54.320]  Okay, we're back, Randy Kelton, Steve Skidmore, Real World Radio, and Rudy, I hope all of that makes sense
[01:03:54.320 --> 01:04:02.320]  If it's the first time you heard it, I know it may sound kind of radical, but it is powerful
[01:04:02.320 --> 01:04:07.320]  And what I understand from, we have Danny in Tennessee who calls in on occasion
[01:04:07.320 --> 01:04:17.320]  You do have grand juries there in Tennessee, and actually grand juries sit for the purpose of hearing complaints
[01:04:17.320 --> 01:04:21.320]  from private citizens in Tennessee
[01:04:21.320 --> 01:04:29.320]  So read the code and lead these guys down the garden path, lead them right into a violation of the code
[01:04:29.320 --> 01:04:34.320]  And the more minor it is, the better
[01:04:34.320 --> 01:04:38.320]  And then go to the grand jury and raise your issue to the grand jury
[01:04:38.320 --> 01:04:43.320]  Grand juries are incredibly powerful
[01:04:43.320 --> 01:04:46.320]  If you know how to use them
[01:04:46.320 --> 01:04:49.320]  Ah, just being there
[01:04:49.320 --> 01:04:56.320]  I went in to talk to the district attorney in Wise County, he's a personal friend of mine
[01:04:56.320 --> 01:05:02.320]  And he is sitting there with his head in his hand, he is just distraught
[01:05:02.320 --> 01:05:08.320]  And I said, Greg, what's the matter? He said, well, he got this kid that got his bar card
[01:05:08.320 --> 01:05:12.320]  Had a big party, on the way home he gets popped for DUI
[01:05:12.320 --> 01:05:14.320]  It's going to ruin his career
[01:05:14.320 --> 01:05:18.320]  And he's got this guy, he's a known drug dealer
[01:05:18.320 --> 01:05:23.320]  When he said the name Davila, I knew who they were, I'd heard about him
[01:05:23.320 --> 01:05:27.320]  Caught him with enough to charge him with distribution
[01:05:27.320 --> 01:05:33.320]  He presents him to the grand jury, he said he didn't want to present this kid, but it was his job
[01:05:33.320 --> 01:05:39.320]  They indict the lawyer, they don't indict the drug dealer
[01:05:39.320 --> 01:05:44.320]  And Greg was just distraught and he said
[01:05:44.320 --> 01:05:50.320]  Those darn grand jurors, you never know what they're going to do
[01:05:50.320 --> 01:05:57.320]  And I thought I could not have heard anything better
[01:05:57.320 --> 01:06:04.320]  The district attorney himself does not feel like he can control the grand jury
[01:06:04.320 --> 01:06:06.320]  And he shouldn't be able to
[01:06:06.320 --> 01:06:13.320]  Exactly, and that, I couldn't have heard anything better, that's perfect
[01:06:13.320 --> 01:06:16.320]  Especially when it concerns public officials
[01:06:16.320 --> 01:06:22.320]  When you start leading a public official into a violation
[01:06:22.320 --> 01:06:24.320]  And then you take him to a grand jury
[01:06:24.320 --> 01:06:27.320]  That's going to make them extremely careful
[01:06:27.320 --> 01:06:33.320]  You know, I say on the show that I have an intended ultimate outcome
[01:06:33.320 --> 01:06:36.320]  I always have that foremost in my mind
[01:06:36.320 --> 01:06:45.320]  Before I do anything, I compare what will happen if I do this to my intended ultimate outcome
[01:06:45.320 --> 01:06:50.320]  Will what I'm about to do lead me toward that outcome or away from that outcome
[01:06:50.320 --> 01:06:57.320]  When the bailiff pushed me out the door, knocked me down, broke my elbow
[01:06:57.320 --> 01:07:08.320]  I looked at that and said, how can I use this to get me closer to my intended outcome
[01:07:08.320 --> 01:07:12.320]  And I could find no way
[01:07:12.320 --> 01:07:15.320]  So I didn't go after the bailiff
[01:07:15.320 --> 01:07:17.320]  All I would have done was ruin his career
[01:07:17.320 --> 01:07:21.320]  He didn't mean to knock me down, he just gave me a little push as I stepped out
[01:07:21.320 --> 01:07:25.320]  My foot hit a carpet, it came out from under me, I fell backwards
[01:07:25.320 --> 01:07:28.320]  And my elbow hit a granite step
[01:07:28.320 --> 01:07:31.320]  So he didn't mean to do that
[01:07:31.320 --> 01:07:36.320]  And if I had went after him, it would have ruined a 20-year career
[01:07:36.320 --> 01:07:39.320]  And it wouldn't have gotten me toward my outcome, so I couldn't do it
[01:07:39.320 --> 01:07:42.320]  I couldn't allow myself to
[01:07:42.320 --> 01:07:46.320]  And my ultimate outcome is
[01:07:46.320 --> 01:07:51.320]  It is my purpose to place every judge in the country in a position such that
[01:07:51.320 --> 01:07:55.320]  When they step up behind the bench and look out across the bar at the gallery
[01:07:55.320 --> 01:07:57.320]  I want them wondering, which one?
[01:07:57.320 --> 01:08:01.320]  Which one of those scoundrels out there are waiting for me to render a ruling
[01:08:01.320 --> 01:08:06.320]  So he can run down to a grand jury and try to get me indicted
[01:08:06.320 --> 01:08:09.320]  Not that I want the judge indicted
[01:08:09.320 --> 01:08:13.320]  But I want the judge to consider the prospect
[01:08:13.320 --> 01:08:17.320]  It will temper his personal passions
[01:08:17.320 --> 01:08:23.320]  When a police officer pulls me over and I'm my usual obnoxious and demanding self
[01:08:23.320 --> 01:08:29.320]  And he decides he wants to do something to adjust my attitude
[01:08:29.320 --> 01:08:35.320]  If he knows that I could run down next week to a grand jury
[01:08:35.320 --> 01:08:38.320]  And file a complaint with them
[01:08:38.320 --> 01:08:41.320]  It's going to temper his personal passions
[01:08:41.320 --> 01:08:49.320]  And a large portion of these problems we've been having will simply go away of their own accord
[01:08:49.320 --> 01:08:56.320]  When we start going to grand juries and just complaining to them
[01:08:56.320 --> 01:09:03.320]  When these officials have to look at the potential of a grand jury ending their career
[01:09:03.320 --> 01:09:07.320]  Sure, they say, oh, the grand jury's not going to indict me
[01:09:07.320 --> 01:09:12.320]  But that's kind of like playing Russian roulette
[01:09:12.320 --> 01:09:15.320]  Maybe they won't
[01:09:15.320 --> 01:09:21.320]  But maybe you got somebody on a grand jury who's had a really, really bad day
[01:09:21.320 --> 01:09:23.320]  And he wants to give it to somebody else
[01:09:23.320 --> 01:09:26.320]  That's the problem with grand jurors
[01:09:26.320 --> 01:09:29.320]  You just never know
[01:09:29.320 --> 01:09:37.320]  So you run the routine and the reason you run the routine some first
[01:09:37.320 --> 01:09:45.320]  So you can go to the grand jury and say, guys, you know, I didn't come to you as remedy of first resort but last resort
[01:09:45.320 --> 01:09:48.320]  I followed the procedures that are in the code
[01:09:48.320 --> 01:09:54.320]  I took my complaint to the appropriate people, but they all refused to act on it
[01:09:54.320 --> 01:09:57.320]  Now I'm back to you
[01:09:57.320 --> 01:10:00.320]  I'm in there with a good, compelling story
[01:10:00.320 --> 01:10:04.320]  You just might get one indicted
[01:10:04.320 --> 01:10:11.320]  Realistically, if you get a public official indicted over some minor annoyance
[01:10:11.320 --> 01:10:15.320]  The court should go to find a reason to toss it
[01:10:15.320 --> 01:10:18.320]  And that's OK, too
[01:10:18.320 --> 01:10:21.320]  Our purpose is not to get these people put in jail
[01:10:21.320 --> 01:10:23.320]  I mean, that may happen
[01:10:23.320 --> 01:10:27.320]  And if it does happen, life is tough
[01:10:27.320 --> 01:10:29.320]  This is how it works
[01:10:29.320 --> 01:10:34.320]  But when I come in there, I don't have to want these bad things to happen
[01:10:34.320 --> 01:10:37.320]  This is my job
[01:10:37.320 --> 01:10:39.320]  I am the master
[01:10:39.320 --> 01:10:41.320]  This is my duty
[01:10:41.320 --> 01:10:46.320]  If my grand jury, which is a grand jury of other masters like me
[01:10:46.320 --> 01:10:50.320]  Decide that this warrants an indictment, that's up to them
[01:10:50.320 --> 01:10:53.320]  It's not up to me
[01:10:53.320 --> 01:10:57.320]  But it's our duty to make the accusation
[01:10:57.320 --> 01:11:01.320]  And we should make it sooner rather than later
[01:11:01.320 --> 01:11:06.320]  Over the small things, rather than wait for something horrendous to happen
[01:11:06.320 --> 01:11:13.320]  We nail them on the little things and then the really horrendous stuff just won't happen
[01:11:13.320 --> 01:11:17.320]  Well, Randy, we've still got a couple of callers you want to move on to
[01:11:17.320 --> 01:11:18.320]  Yes, I do
[01:11:18.320 --> 01:11:20.320]  OK
[01:11:20.320 --> 01:11:21.320]  OK, we lost Rudy
[01:11:21.320 --> 01:11:22.320]  OK
[01:11:22.320 --> 01:11:24.320]  Well, yeah, we did
[01:11:24.320 --> 01:11:27.320]  But we're going to go now to Mark in Texas
[01:11:27.320 --> 01:11:28.320]  Hello, Mark
[01:11:28.320 --> 01:11:33.320]  I understand you want to talk to us about the statute of limitations
[01:11:33.320 --> 01:11:35.320]  Or a statute of limitations
[01:11:35.320 --> 01:11:39.320]  OK, Mark, your time's up
[01:11:39.320 --> 01:11:42.320]  That was a statute of limitations joke
[01:11:42.320 --> 01:11:44.320]  It was perfect
[01:11:44.320 --> 01:11:45.320]  I love you both
[01:11:45.320 --> 01:11:46.320]  And I have something incredibly relevant
[01:11:46.320 --> 01:11:51.320]  Listening to your show every opportunity I can get is always good for me
[01:11:51.320 --> 01:11:54.320]  You guys may get tired of hearing me, and if you are, just shut me up
[01:11:54.320 --> 01:11:56.320]  But I'll be quick
[01:11:56.320 --> 01:11:57.320]  Go ahead
[01:11:57.320 --> 01:12:00.320]  I have a case that's a little over a year old
[01:12:00.320 --> 01:12:04.320]  It was filed, first of all, with a complaint
[01:12:04.320 --> 01:12:07.320]  The original complaint that was beyond the statute of limitations
[01:12:07.320 --> 01:12:10.320]  Hang on, we're talking civil?
[01:12:10.320 --> 01:12:13.320]  Yeah, civil case, foreclosure case
[01:12:13.320 --> 01:12:18.320]  A couple weeks ago, a really wise gentleman, whom you guys will probably be able to identify
[01:12:18.320 --> 01:12:19.320]  Think about it
[01:12:19.320 --> 01:12:28.320]  He told me that I should probably immediately file something to the effect of a plea to the jurisdiction in this case
[01:12:28.320 --> 01:12:30.320]  That's exactly what I would say
[01:12:30.320 --> 01:12:31.320]  Absolutely
[01:12:31.320 --> 01:12:32.320]  Yeah
[01:12:32.320 --> 01:12:34.320]  Well, imagine that
[01:12:34.320 --> 01:12:39.320]  OK, a plea to the jurisdiction is a challenge to subject matter jurisdiction
[01:12:39.320 --> 01:12:48.320]  OK, let's pause just a second and analyze this just a little bit before we go any further
[01:12:48.320 --> 01:12:53.320]  When you say statute of limitations, what is the cause of action?
[01:12:53.320 --> 01:12:59.320]  The cause of action is foreclosure due to lack of payment
[01:12:59.320 --> 01:13:02.320]  Well, then it's foreclosure
[01:13:02.320 --> 01:13:03.320]  OK
[01:13:03.320 --> 01:13:04.320]  Yeah
[01:13:04.320 --> 01:13:07.320]  Is it outside the allowed four years?
[01:13:07.320 --> 01:13:10.320]  Yeah, in this case it was
[01:13:10.320 --> 01:13:14.320]  OK, if it's outside
[01:13:14.320 --> 01:13:16.320]  Let me make a stipulation here
[01:13:16.320 --> 01:13:17.320]  Sure
[01:13:17.320 --> 01:13:24.320]  What starts the clock is when a notice of acceleration is filed
[01:13:24.320 --> 01:13:25.320]  Right
[01:13:25.320 --> 01:13:28.320]  Filed with the county or?
[01:13:28.320 --> 01:13:36.320]  A notice of acceleration would be filed in the county record and you should get a copy
[01:13:36.320 --> 01:13:42.320]  They do a notice of foreclosure and notice of acceleration is the same document
[01:13:42.320 --> 01:13:44.320]  They do them together
[01:13:44.320 --> 01:13:45.320]  Yes
[01:13:45.320 --> 01:13:49.320]  According to the courts, that's when the clock starts
[01:13:49.320 --> 01:13:56.320]  Not when you get behind, but when they file that notice of acceleration
[01:13:56.320 --> 01:14:03.320]  Is that perhaps Texas law versus other states or do they all need to do that?
[01:14:03.320 --> 01:14:04.320]  Steve
[01:14:04.320 --> 01:14:08.320]  I believe that's Texas
[01:14:08.320 --> 01:14:11.320]  Yes, I'm talking about Texas
[01:14:11.320 --> 01:14:12.320]  Yeah
[01:14:12.320 --> 01:14:17.320]  But I suspect that's going to be similar everywhere else
[01:14:17.320 --> 01:14:18.320]  Yeah
[01:14:18.320 --> 01:14:22.320]  In the state of Arkansas, they've only changed things recently
[01:14:22.320 --> 01:14:24.320]  My property is there
[01:14:24.320 --> 01:14:27.320]  How did we get from Texas to Arkansas?
[01:14:27.320 --> 01:14:29.320]  Well, I live in Texas
[01:14:29.320 --> 01:14:31.320]  OK, now I know who you are
[01:14:31.320 --> 01:14:34.320]  And the property is in Arkansas?
[01:14:34.320 --> 01:14:35.320]  Right
[01:14:35.320 --> 01:14:36.320]  Got you
[01:14:36.320 --> 01:14:37.320]  We've spoken a few times
[01:14:37.320 --> 01:14:40.320]  Yeah, I know who we're talking to now
[01:14:40.320 --> 01:14:47.320]  In that, I filed a response when they filed their original complaint
[01:14:47.320 --> 01:14:55.320]  I didn't know a thing about whether it was or was not a suit passed, you know, the statute
[01:14:55.320 --> 01:14:56.320]  Statute limitations
[01:14:56.320 --> 01:15:05.320]  So I made a mistake there perhaps in that I, and it's been suggested to me by a friend of mine
[01:15:05.320 --> 01:15:13.320]  That whenever I filed a response, I accepted the jurisdiction of the court by doing so
[01:15:13.320 --> 01:15:15.320]  The case continued on for a while
[01:15:15.320 --> 01:15:19.320]  I ended up winning, well, winning in a way
[01:15:19.320 --> 01:15:21.320]  I want a motion to
[01:15:21.320 --> 01:15:25.320]  Hang on, I've got to take exception to that
[01:15:25.320 --> 01:15:26.320]  OK
[01:15:26.320 --> 01:15:33.320]  If it's subject matter jurisdiction, which statute limitations goes directly to subject matter jurisdiction
[01:15:33.320 --> 01:15:40.320]  It's not that the court, and it's like I said earlier, it's not that the court does not have subject matter jurisdiction
[01:15:40.320 --> 01:15:47.320]  It is that the would-be plaintiff lacks the capacity to invoke that jurisdiction, then
[01:15:47.320 --> 01:15:49.320]  It's on their original complaint, right?
[01:15:49.320 --> 01:15:56.320]  Right, now, it doesn't matter what time you raise subject matter jurisdiction because
[01:15:56.320 --> 01:16:02.320]  Subject matter jurisdiction, OK, in personam can be waived
[01:16:02.320 --> 01:16:11.320]  Subject matter cannot, and it can be raised at any time, even for the first time on appeal
[01:16:11.320 --> 01:16:21.320]  So in the middle of a trial, if you have this epiphany that, oh, wait a minute, what did he say?
[01:16:21.320 --> 01:16:30.320]  Gee, now I have to question if the court has jurisdiction or if he has the capacity to invoke it
[01:16:30.320 --> 01:16:34.320]  It can be raised at that time
[01:16:34.320 --> 01:16:41.320]  Subject matter jurisdiction can be challenged at any point, at all
[01:16:41.320 --> 01:16:45.320]  Now we're coming up to a break, we're going to have to take a break
[01:16:45.320 --> 01:16:52.320]  512-646-1984 will get you in line behind Paul in Wisconsin
[01:16:52.320 --> 01:16:55.320]  Mark, stay there, we'll be right back
[01:16:55.320 --> 01:16:59.320]  You're listening to Rural Law Radio, folks, stay tuned
[01:16:59.320 --> 01:17:06.320]  January is the time for new beginnings, a chance to sharpen our focus on what's important
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[01:19:25.320 --> 01:19:34.320]  Welcome back to Rural Law Radio, folks
[01:19:34.320 --> 01:19:36.320]  I'd like to thank everybody for tuning in tonight
[01:19:36.320 --> 01:19:41.320]  512-646-1984 puts you in line behind Paul in Wisconsin
[01:19:41.320 --> 01:19:46.320]  Paul will be right to you right after Mark in Texas
[01:19:46.320 --> 01:19:52.320]  And Mark, we were talking about how statute limitations apply to subject matter jurisdiction
[01:19:52.320 --> 01:19:56.320]  We're not saying that the court does not have jurisdiction over the subject matter
[01:19:56.320 --> 01:19:58.320]  They absolutely do
[01:19:58.320 --> 01:20:06.320]  The question is, does the plaintiff or the would-be plaintiff bear the capacity to invoke that jurisdiction?
[01:20:06.320 --> 01:20:11.320]  That's your subject matter jurisdictional challenge
[01:20:11.320 --> 01:20:16.320]  You don't want to tell the court that they don't have jurisdiction because they do
[01:20:16.320 --> 01:20:18.320]  Your argument is not that
[01:20:18.320 --> 01:20:28.320]  Your argument is that since the passage of time, the would-be plaintiff lacks the capacity to invoke that jurisdiction
[01:20:28.320 --> 01:20:38.320]  His cause of action has expired along with his right to sue when the limitation period expired
[01:20:38.320 --> 01:20:41.320]  It all disappeared
[01:20:41.320 --> 01:20:44.320]  Okay, we've all seen zombie movies, right?
[01:20:44.320 --> 01:20:53.320]  Okay, this human being dies and then is somehow reanimated as a zombie
[01:20:53.320 --> 01:20:56.320]  This pleading is the same thing
[01:20:56.320 --> 01:21:02.320]  Or actually the cause of action, the right to sue, is the same thing
[01:21:02.320 --> 01:21:06.320]  This thing died when the clock stopped
[01:21:06.320 --> 01:21:12.320]  But now you've got some attorney dragging this corpse back into court, trying to convince the court
[01:21:12.320 --> 01:21:15.320]  See how animated it is? I can move its arms
[01:21:15.320 --> 01:21:18.320]  It's dead
[01:21:18.320 --> 01:21:20.320]  It's a zombie cause of action
[01:21:20.320 --> 01:21:23.320]  You cannot bring it into court and bring life back into it
[01:21:23.320 --> 01:21:33.320]  If they did not have the capacity to invoke the court today, they will not have the capacity to invoke the court tomorrow
[01:21:33.320 --> 01:21:40.320]  Therefore a dismissal with prejudice to the filing of the same is proper
[01:21:40.320 --> 01:21:42.320]  Alright, I've got a question
[01:21:42.320 --> 01:21:45.320]  And there's a lot of case law on that
[01:21:45.320 --> 01:21:49.320]  Oh no, I understand and I'm listening very well
[01:21:49.320 --> 01:21:59.320]  I think this, if I were looking at it right now and it was just filed, that would be the absolute first thing I should have done and did not do
[01:21:59.320 --> 01:22:06.320]  And according to the rules of civil procedure, it absolutely says what you just said, that this is something that can be challenged anytime
[01:22:06.320 --> 01:22:10.320]  And as you just said, even if it's for the first time on appeal
[01:22:10.320 --> 01:22:14.320]  Yes, no matter how remote in history
[01:22:14.320 --> 01:22:15.320]  Yeah
[01:22:15.320 --> 01:22:25.320]  Even in criminal cases, even after a conviction, subject matter jurisdiction can set an incarcerated man free
[01:22:25.320 --> 01:22:26.320]  Got it
[01:22:26.320 --> 01:22:32.320]  Now to reflect on the conversation that's been going on this evening as I've listened
[01:22:32.320 --> 01:22:39.320]  I wanted to ask you, does the judge have a duty, perhaps that they have been remiss in fulfilling
[01:22:39.320 --> 01:22:43.320]  But did the judge have a duty to look at that
[01:22:43.320 --> 01:22:44.320]  No
[01:22:44.320 --> 01:22:45.320]  That complaint
[01:22:45.320 --> 01:22:46.320]  No
[01:22:46.320 --> 01:22:47.320]  The judge didn't have a duty to dismiss
[01:22:47.320 --> 01:22:48.320]  No
[01:22:48.320 --> 01:22:49.320]  I have to bring it up
[01:22:49.320 --> 01:22:59.320]  The court can challenge, can look into subject matter jurisdiction on its own motion
[01:22:59.320 --> 01:23:07.320]  However, the court has no duty to do that because they are taking each case on good faith
[01:23:07.320 --> 01:23:17.320]  Good faith that the attorney of record or the attorney in fact, pro se, has done his due diligence, okay
[01:23:17.320 --> 01:23:30.320]  It's not the court's duty, there is no legal obligation on any judge to determine subject matter jurisdiction
[01:23:30.320 --> 01:23:40.320]  A lot will to their own benefit in the interest of judicial economy, they will look through it themselves
[01:23:40.320 --> 01:23:48.320]  As Jeff in Maryland said earlier this evening, Judge Wapner used to come out and say
[01:23:48.320 --> 01:23:53.320]  I have read the pleadings and the court is ready to proceed
[01:23:53.320 --> 01:24:00.320]  That means that the judge has checked and made sure that he has jurisdiction over this
[01:24:00.320 --> 01:24:08.320]  But there is no actual duty that I know of bestowed upon a judge to check it
[01:24:08.320 --> 01:24:11.320]  That's up to the litigant to check
[01:24:11.320 --> 01:24:12.320]  Okay
[01:24:12.320 --> 01:24:23.320]  The reason I say that, that makes sense to me, the reason I say that is because subject matter jurisdiction can be raised at any time
[01:24:23.320 --> 01:24:31.320]  So let's say you lose in the trial court, now you go into appeal and you say, hey, wait a minute
[01:24:31.320 --> 01:24:38.320]  Your Honor, I'm kind of wondering if they had the authority to invoke the jurisdiction of the court from the onset of suit
[01:24:38.320 --> 01:24:47.320]  Let's look at this, I present to the court statute, blah, blah, blah, supported by this case, that case and that case
[01:24:47.320 --> 01:24:58.320]  In where the Supreme Court and two appellate courts have decided the way you should decide by dismissing this guy's cause of action, which is dead
[01:24:58.320 --> 01:25:00.320]  Fine
[01:25:00.320 --> 01:25:07.320]  Ab initio and with prejudice to the filing of the same
[01:25:07.320 --> 01:25:09.320]  So may I ask you a question?
[01:25:09.320 --> 01:25:13.320]  No, that's not what we're here for
[01:25:13.320 --> 01:25:17.320]  I kid you, yes, by all means, go away, go ahead
[01:25:17.320 --> 01:25:21.320]  The complication in my mind comes in here
[01:25:21.320 --> 01:25:24.320]  You're in love with what you say
[01:25:24.320 --> 01:25:30.320]  In my case, I made a motion to dismiss based on the statute of limitations being expired
[01:25:30.320 --> 01:25:36.320]  I won that motion and then within a month and a half, it was actually reopened
[01:25:36.320 --> 01:25:43.320]  And I've pretty much prepared something where I can win in terms of statute anyway
[01:25:43.320 --> 01:25:51.320]  But I'm wondering if it makes more sense to make a plea to the jurisdiction because when I
[01:25:51.320 --> 01:25:55.320]  Absolutely, absolutely
[01:25:55.320 --> 01:25:56.320]  Right
[01:25:56.320 --> 01:26:01.320]  Now keep in mind, a plea to the jurisdiction is a plea
[01:26:01.320 --> 01:26:13.320]  If your plea to the jurisdiction is based on the passing of a statute of limitations or a limitation period, that is not a cause of action
[01:26:13.320 --> 01:26:19.320]  That is an affirmative defense and needs to be pled out accordingly
[01:26:19.320 --> 01:26:25.320]  Okay, so I have to put it in there like that perhaps with something
[01:26:25.320 --> 01:26:30.320]  Well, just keep in mind that you're not presenting the court, you're not suing, you're defending
[01:26:30.320 --> 01:26:37.320]  So you don't have a cause of action, you have an affirmative defense that is limitation
[01:26:37.320 --> 01:26:51.320]  Now what I'm suggesting to you is that you look into the case law and see how attorneys have winning attorneys, attorneys that have won their case
[01:26:51.320 --> 01:27:05.320]  Once you find a ruling that goes to where you want the court to go, find a repository and go get the pleadings
[01:27:05.320 --> 01:27:06.320]  Sure
[01:27:06.320 --> 01:27:20.320]  And read the pleadings. Those pleadings, if the outcome of the case suits your benefit, then your pleadings are a template, a roadmap to get where you want to go
[01:27:20.320 --> 01:27:21.320]  Right
[01:27:21.320 --> 01:27:39.320]  I'll follow there. The complication in my case is that it was reopened because in my original response, I had noted that I had attempted to make payments within that timeframe, within the five years
[01:27:39.320 --> 01:27:47.320]  And these payments, if they were made to the original lender, and they were not, but if they were made to the original lender, they would toll the statute of limitations
[01:27:47.320 --> 01:27:49.320]  There's clear statute on that
[01:27:49.320 --> 01:27:50.320]  Okay
[01:27:50.320 --> 01:28:04.320]  If they were made to a third party, these payments being made to a third party, there's a state statute that requires that those be recorded on the margin of the record in which the mortgage is filed
[01:28:04.320 --> 01:28:10.320]  There's no recording at all, and thus they would not toll the statute of limitations with respect to third party
[01:28:10.320 --> 01:28:18.320]  Third party in this case is not the original bank, but another that's now bringing the suit as they've been assigned this through MERS
[01:28:18.320 --> 01:28:21.320]  Is the original bank still in business?
[01:28:21.320 --> 01:28:23.320]  No, they're out of business
[01:28:23.320 --> 01:28:28.320]  Okay, okay. When did the original bank go out of business?
[01:28:28.320 --> 01:28:30.320]  2008
[01:28:30.320 --> 01:28:32.320]  When was it transferred?
[01:28:32.320 --> 01:28:35.320]  It was transferred in 2013
[01:28:35.320 --> 01:28:40.320]  How does MERS get authority from a dead guy to transfer anything?
[01:28:40.320 --> 01:28:46.320]  They have no authority, and it's been ruled by the state Supreme Court in Arkansas to be that way
[01:28:46.320 --> 01:28:49.320]  Good, there's a good argument for you
[01:28:49.320 --> 01:28:56.320]  If it's been ruled on by the Supreme Court of Arkansas, you've got controlling case law
[01:28:56.320 --> 01:28:59.320]  Sure, I think I'm going to win
[01:28:59.320 --> 01:29:03.320]  I would win if I made that statutory argument that was analyzed
[01:29:03.320 --> 01:29:05.320]  What I'm wondering is
[01:29:05.320 --> 01:29:12.320]  Personally, I think your plea to the jurisdiction is a stronger argument than anything else statutory
[01:29:12.320 --> 01:29:18.320]  Well, here's my fear, and I wanted to ask you guys to help me understand this
[01:29:18.320 --> 01:29:25.320]  If I had made no payment, made mention of no payment, they had no accounting, because they don't have records, I don't believe they have a thing
[01:29:25.320 --> 01:29:29.320]  But they haven't produced any evidence essentially
[01:29:29.320 --> 01:29:35.320]  They argued in their motion to reopen the case that I had made a payment in 2010 or something of that effect
[01:29:35.320 --> 01:29:39.320]  Okay, going to have to pause you right there, Mark
[01:29:39.320 --> 01:29:44.320]  Coming up on a break, 512-646-1984
[01:29:44.320 --> 01:29:49.320]  And wouldn't you know it, here half an hour to the end of the show, we've got a full call board
[01:29:49.320 --> 01:29:53.320]  So when we come back, we're going to see if we can get everybody heard
[01:29:53.320 --> 01:29:56.320]  You're listening to Rural Law Radio with Randy Kelton and Steve Skidmore
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[01:31:23.320 --> 01:31:30.320]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
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[01:33:01.320 --> 01:33:04.320]  You are listening to the Logos Radio Network
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[01:33:51.320 --> 01:33:53.320]  Welcome back to Rule Law Radio, folks
[01:33:53.320 --> 01:33:56.320]  512-646-1984
[01:33:56.320 --> 01:34:00.320]  I don't know if we're gonna, if you get on now, I don't know if we're gonna be able to get to you
[01:34:00.320 --> 01:34:01.320]  We've got a full board
[01:34:01.320 --> 01:34:07.320]  But Mark in Texas, everything that you've said so far goes back to the statute of limitations
[01:34:07.320 --> 01:34:15.320]  and all of your statutory stuff, everything goes back to a plea to the jurisdiction
[01:34:15.320 --> 01:34:21.320]  You're wanting to bring up all these other ancillary arguments, but they're moot
[01:34:21.320 --> 01:34:29.320]  They're absolutely moot if the court did, if the would-be plaintiff does not have the capacity
[01:34:29.320 --> 01:34:32.320]  to invoke the jurisdiction of the court
[01:34:32.320 --> 01:34:34.320]  So question, if I may
[01:34:34.320 --> 01:34:37.320]  And I'm sorry if I haven't formulated my question
[01:34:37.320 --> 01:34:39.320]  It's okay, go ahead, go ahead
[01:34:39.320 --> 01:34:47.320]  But the plaintiff files the lawsuit saying the last payment made was in 2007
[01:34:47.320 --> 01:34:51.320]  They filed this six years after 2007
[01:34:51.320 --> 01:34:57.320]  The statute of limitations would be told absolutely per their original complaint
[01:34:57.320 --> 01:35:01.320]  In my response, in ignorance, and because I couldn't find an attorney
[01:35:01.320 --> 01:35:06.320]  because I hadn't checked the jurisdiction area, you didn't even know I was in this radio show
[01:35:06.320 --> 01:35:08.320]  which was calling me so much, thank you gentlemen
[01:35:08.320 --> 01:35:15.320]  But in my original response, I note that I had attempted to make payments in 2010
[01:35:15.320 --> 01:35:20.320]  and in their motion to reopen, they noted this and they noted that I
[01:35:20.320 --> 01:35:22.320]  Okay, hold on, hold on
[01:35:22.320 --> 01:35:25.320]  In their motion to reopen
[01:35:25.320 --> 01:35:32.320]  Did they provide affidavit and evidence or did they just make an argument?
[01:35:32.320 --> 01:35:35.320]  Now this is a beautiful question and I wanted to get to this
[01:35:35.320 --> 01:35:39.320]  They say that they have three exhibits, they didn't include any of them
[01:35:39.320 --> 01:35:42.320]  I called the county, they don't have a damn thing
[01:35:42.320 --> 01:35:50.320]  Objection! If you have exhibits, put them on the record
[01:35:50.320 --> 01:35:55.320]  I have a problem, it's 90 days past, just a few days ago
[01:35:55.320 --> 01:35:58.320]  and I thought I had more time but I missed it
[01:35:58.320 --> 01:36:03.320]  And according to the rules, I have 90 days to challenge that
[01:36:03.320 --> 01:36:09.320]  But at this point, would it still be valid? It's clearly valid in terms of fact
[01:36:09.320 --> 01:36:14.320]  Okay, let's go back to the fundamental basic here
[01:36:14.320 --> 01:36:19.320]  You're talking about something that the court doesn't have power to adjudicate
[01:36:19.320 --> 01:36:25.320]  if you've got a statute of limitations issue
[01:36:25.320 --> 01:36:30.320]  So are they outside the statute of limitations, yes or no?
[01:36:30.320 --> 01:36:34.320]  Or is that your question?
[01:36:34.320 --> 01:36:41.320]  He's saying that by making an offer to pay, he told the statute of limitations
[01:36:41.320 --> 01:36:47.320]  If the court accepts that, then they're not outside
[01:36:47.320 --> 01:36:53.320]  I mean, there's a question as to the material facts that would warrant a re-opening of the court
[01:36:53.320 --> 01:36:57.320]  If I had made a payment, pass
[01:36:57.320 --> 01:37:01.320]  Okay, hold on, you may be in a good spot here
[01:37:01.320 --> 01:37:07.320]  Have you raised an objection to the fact that they don't have exhibits in the record?
[01:37:07.320 --> 01:37:09.320]  No, I have not
[01:37:09.320 --> 01:37:12.320]  Good, don't, don't
[01:37:12.320 --> 01:37:17.320]  Until you ask for a hearing on the matter
[01:37:17.320 --> 01:37:23.320]  And then in the hearing, when it's too late for them to fix it
[01:37:23.320 --> 01:37:28.320]  Then raise the issue that there's no evidence before the court
[01:37:28.320 --> 01:37:31.320]  Bushwhack's okay
[01:37:31.320 --> 01:37:35.320]  In their motion, they identified the county, the properties in wrong
[01:37:35.320 --> 01:37:38.320]  These guys are not paying attention to a lot of things
[01:37:38.320 --> 01:37:42.320]  These three exhibits, they don't have a record of payment at all
[01:37:42.320 --> 01:37:47.320]  They just call attention to the fact that I noted I had tried to make payments in 2010
[01:37:47.320 --> 01:37:50.320]  And did you admit that?
[01:37:50.320 --> 01:37:54.320]  I actually said it, so I suppose we could call it an admission
[01:37:54.320 --> 01:37:57.320]  Yeah, okay, then you admitted it
[01:37:57.320 --> 01:37:59.320]  Right, but I did not
[01:37:59.320 --> 01:38:03.320]  I did not make these payments to the original lender and their state state
[01:38:03.320 --> 01:38:06.320]  Doesn't matter, doesn't matter
[01:38:06.320 --> 01:38:09.320]  That does not matter
[01:38:09.320 --> 01:38:13.320]  You attempted to pay somebody so that told the statute of limitations
[01:38:13.320 --> 01:38:19.320]  So you're not, you may not have a statute of limitations argument
[01:38:19.320 --> 01:38:24.320]  Unless you go back to, okay, any statute of limitations
[01:38:24.320 --> 01:38:29.320]  The time begins to run when the cause
[01:38:29.320 --> 01:38:33.320]  There's going to be two general things
[01:38:33.320 --> 01:38:38.320]  The only thing that I have found that has a specific accrual
[01:38:38.320 --> 01:38:44.320]  A specific time or date of accrual is death or wrongful death
[01:38:44.320 --> 01:38:50.320]  Everything else is a matter or question of law
[01:38:50.320 --> 01:39:01.320]  So if this statute of limitations issue is over the foreclosure
[01:39:01.320 --> 01:39:05.320]  You've got to know when the cause accrued
[01:39:05.320 --> 01:39:11.320]  And then calculate your time from the day the cause of action accrued forward
[01:39:11.320 --> 01:39:16.320]  So the question here is when did the cause of action accrue?
[01:39:16.320 --> 01:39:19.320]  If the cause of action accrued
[01:39:19.320 --> 01:39:22.320]  Then was told
[01:39:22.320 --> 01:39:28.320]  Is there anything that happened that restarted the clock?
[01:39:28.320 --> 01:39:33.320]  That would be determined by the notice of acceleration
[01:39:33.320 --> 01:39:38.320]  If there is a notice of acceleration in the record
[01:39:38.320 --> 01:39:45.320]  Or you received a notice of acceleration by return receipt request
[01:39:45.320 --> 01:39:48.320]  That's when your cause of action accrued
[01:39:48.320 --> 01:39:55.320]  You count forward the allowed statutory time period from there
[01:39:55.320 --> 01:40:00.320]  Okay, so if I have a letter from 2006 or 2007
[01:40:00.320 --> 01:40:03.320]  That's when the clock officially starts
[01:40:03.320 --> 01:40:07.320]  If it's an acceleration, yes
[01:40:07.320 --> 01:40:10.320]  Because I do have to check
[01:40:10.320 --> 01:40:11.320]  Check this out
[01:40:11.320 --> 01:40:16.320]  The acceleration wants the entire amount right now
[01:40:16.320 --> 01:40:22.320]  Everything owed is due right now or we're going to come take your house
[01:40:22.320 --> 01:40:29.320]  If you attempt to make a payment, it had better be in full
[01:40:29.320 --> 01:40:34.320]  If they accept your payment
[01:40:34.320 --> 01:40:37.320]  That would toll the statute of limitations
[01:40:37.320 --> 01:40:40.320]  If they send your payment back
[01:40:40.320 --> 01:40:45.320]  The statute of limitations continues to run
[01:40:45.320 --> 01:40:49.320]  Ah, now this is a beautiful and weird conundrum then
[01:40:49.320 --> 01:40:54.320]  Because the only thing that I gave them any evidence of
[01:40:54.320 --> 01:40:58.320]  Was that there was a Western Union payment that was returned in 2010
[01:40:58.320 --> 01:41:01.320]  It was returned by Chase
[01:41:01.320 --> 01:41:03.320]  But the original lender in that case
[01:41:03.320 --> 01:41:05.320]  Okay, let me stop you right there
[01:41:05.320 --> 01:41:10.320]  Then you need to go back to, what is it, Arkansas?
[01:41:10.320 --> 01:41:11.320]  Arkansas, yeah
[01:41:11.320 --> 01:41:16.320]  You need to go back to your Arkansas statutes and check on that issue
[01:41:16.320 --> 01:41:22.320]  Check the case law on that issue and see how the courts interpreted that
[01:41:22.320 --> 01:41:24.320]  And have ruled on that issue
[01:41:24.320 --> 01:41:26.320]  Write that down before you forget
[01:41:26.320 --> 01:41:29.320]  It's a good thing this is archived
[01:41:29.320 --> 01:41:32.320]  Okay, and one other thing
[01:41:32.320 --> 01:41:36.320]  When you attempted to make a payment
[01:41:36.320 --> 01:41:45.320]  Did you attempt to make the payment to someone who actually held the obligation?
[01:41:45.320 --> 01:41:48.320]  That is very unclear
[01:41:48.320 --> 01:41:50.320]  In light of the fact that in the state of Arkansas
[01:41:50.320 --> 01:41:53.320]  They're not required to record
[01:41:53.320 --> 01:41:56.320]  Like it would be in Pennsylvania, let's say, or Florida maybe
[01:41:56.320 --> 01:41:58.320]  So in this case, according to...
[01:41:58.320 --> 01:42:00.320]  Okay, stop, stop
[01:42:00.320 --> 01:42:02.320]  Check your property code
[01:42:02.320 --> 01:42:06.320]  In Texas, they're not required to record
[01:42:06.320 --> 01:42:07.320]  However...
[01:42:07.320 --> 01:42:09.320]  Say whatever they want
[01:42:09.320 --> 01:42:12.320]  Well, 13.001 says
[01:42:12.320 --> 01:42:17.320]  Any claim against real property not properly acknowledged or proven
[01:42:17.320 --> 01:42:19.320]  And filed in the public record
[01:42:19.320 --> 01:42:22.320]  Is void as to the holder
[01:42:22.320 --> 01:42:24.320]  So while they're not required to file
[01:42:24.320 --> 01:42:26.320]  If they don't file
[01:42:26.320 --> 01:42:29.320]  Then they don't have a claim
[01:42:29.320 --> 01:42:35.320]  And if Arkansas has a county registrar of deeds
[01:42:35.320 --> 01:42:37.320]  They have to have this statute
[01:42:37.320 --> 01:42:40.320]  Where there would be no purpose for the registrar of deeds
[01:42:40.320 --> 01:42:43.320]  It's like riding a motorcycle without a helmet
[01:42:43.320 --> 01:42:47.320]  Though there may not be a law requiring you to wear a helmet
[01:42:47.320 --> 01:42:49.320]  If you choose not to wear a helmet
[01:42:49.320 --> 01:42:52.320]  And you wrap that thing around a telephone pole
[01:42:52.320 --> 01:42:55.320]  There might be some dire consequences that you're going to have to pay
[01:42:55.320 --> 01:42:57.320]  This is no different
[01:42:57.320 --> 01:42:59.320]  Oh, yeah
[01:42:59.320 --> 01:43:01.320]  So, yeah, go...
[01:43:01.320 --> 01:43:04.320]  What I would task you to do
[01:43:04.320 --> 01:43:08.320]  Is to go back and check the date on anything that you got
[01:43:08.320 --> 01:43:11.320]  Accelerating the underlying debt on the...
[01:43:11.320 --> 01:43:14.320]  Underlying obligation on the note
[01:43:14.320 --> 01:43:21.320]  Count forward your statutory limitation period from that day
[01:43:21.320 --> 01:43:24.320]  And then...
[01:43:24.320 --> 01:43:28.320]  Second, check and see what effect
[01:43:28.320 --> 01:43:29.320]  Your...
[01:43:29.320 --> 01:43:35.320]  The return of your payment would have on tolling the statute of limitations
[01:43:35.320 --> 01:43:40.320]  If your case law shows that that attempt was returned
[01:43:40.320 --> 01:43:43.320]  And did not toll the statute of limitations
[01:43:43.320 --> 01:43:45.320]  Then you've got a good argument
[01:43:45.320 --> 01:43:47.320]  And on that mark, we're going to have to let you go
[01:43:47.320 --> 01:43:49.320]  We're fixing to go to a break
[01:43:49.320 --> 01:43:52.320]  And we've got three more callers and 15 minutes left in the show
[01:43:52.320 --> 01:43:56.320]  Call us back next Friday and we'll pick this conversation up then
[01:43:56.320 --> 01:44:00.320]  But until then, folks, we'll be right back after
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[01:46:22.320 --> 01:46:51.320]  The people come down from the hill
[01:46:51.320 --> 01:46:53.320]  Welcome back to Rule Law Radio, folks
[01:46:53.320 --> 01:46:58.320]  We are in the last segment, and I believe we got a first-time caller
[01:46:58.320 --> 01:47:00.320]  Crystal in Nevada
[01:47:00.320 --> 01:47:01.320]  Crystal
[01:47:01.320 --> 01:47:03.320]  Oh, yeah, hi
[01:47:03.320 --> 01:47:06.320]  No, I'm not first time, this should be quick
[01:47:06.320 --> 01:47:13.320]  I'm just coming up on a call from about three months ago with Washington Mutable, actually Chase, but Washington Mutable
[01:47:13.320 --> 01:47:15.320]  I'm not behind, nothing's in arrears, no problem
[01:47:15.320 --> 01:47:17.320]  Okay, hold on, hold on
[01:47:17.320 --> 01:47:20.320]  That was not a correct statement
[01:47:20.320 --> 01:47:25.320]  Washington Mutual, now Chase, no it's not
[01:47:25.320 --> 01:47:26.320]  Who am I dealing with?
[01:47:26.320 --> 01:47:34.320]  Washington Mutual never transferred, never filed any assignments to Chase
[01:47:34.320 --> 01:47:35.320]  Correct
[01:47:35.320 --> 01:47:42.320]  Washington, Chase allegedly took over the assets of Washington Mutual
[01:47:42.320 --> 01:47:47.320]  Was your note an asset of Washington Mutual when it went out of business?
[01:47:47.320 --> 01:47:49.320]  I have no idea
[01:47:49.320 --> 01:47:52.320]  You really need to look at that
[01:47:52.320 --> 01:47:54.320]  Almost certainly it wasn't
[01:47:54.320 --> 01:47:56.320]  The county, yeah, yeah
[01:47:56.320 --> 01:48:01.320]  They had already sold it into a securitization, into a trust
[01:48:01.320 --> 01:48:08.320]  And what Chase got was what Washington Mutual still held, only their private portfolio
[01:48:08.320 --> 01:48:14.320]  Crystal, have you heard us talk about Joe Esquivel?
[01:48:14.320 --> 01:48:19.320]  Or have you listened long enough to hear Joe Esquivel when he was on the show?
[01:48:19.320 --> 01:48:20.320]  Oh yeah
[01:48:20.320 --> 01:48:24.320]  I would highly recommend that you do business with that man
[01:48:24.320 --> 01:48:31.320]  Okay, well the only reason I'm calling is three months ago Randy, somebody said send my papers
[01:48:31.320 --> 01:48:38.320]  So I scanned everything and sent my documents and this is just a, what do I do or did you get them?
[01:48:38.320 --> 01:48:47.320]  Okay, send me an email reminding me so I'll know what to go look for, I get about a hundred emails a day so things get lost too quick
[01:48:47.320 --> 01:48:50.320]  I know, don't call him, but I should call Joe, huh?
[01:48:50.320 --> 01:48:54.320]  Because I'm getting emails from him too, from his company
[01:48:54.320 --> 01:49:04.320]  Yeah, well in order to, okay, you've obviously got a problem with securitization
[01:49:04.320 --> 01:49:13.320]  Joe knows how to pierce those things, get inside them and extract the information that you need to prove the other party doesn't have a dog in this hunt
[01:49:13.320 --> 01:49:18.320]  That's what you need, you've got to have some competent evidence
[01:49:18.320 --> 01:49:21.320]  You need ammo, he's got it
[01:49:21.320 --> 01:49:32.320]  Yeah, okay, all right, I'll do that and then Randy I'll send you an email and do you want me to re-send all my documents or just tell you what to do?
[01:49:32.320 --> 01:49:37.320]  No, no, no, I've still got them, I just need to know where to look for them
[01:49:37.320 --> 01:49:38.320]  Okay
[01:49:38.320 --> 01:49:43.320]  You send me the email and I'll do a search on your email address and find them
[01:49:43.320 --> 01:49:47.320]  Okay, excellent, I'll do that, okay, thank you, okay
[01:49:47.320 --> 01:49:56.320]  Thank you, Crystal, now let's go to Wisconsin and speak with Paul, hello Paul, what do you got for us tonight?
[01:49:56.320 --> 01:50:01.320]  Well, just a suggestion on when you're running the routine on these guys
[01:50:01.320 --> 01:50:02.320]  Okay
[01:50:02.320 --> 01:50:11.320]  What I've found is a lot of times it seems really tough, really daunting, like boy there's a lot of stuff you have to do here
[01:50:11.320 --> 01:50:21.320]  And I've found if you just write the complaint the best you can, they're going to send you back a letter or a few letters stating why your complaint is not a complaint at all
[01:50:21.320 --> 01:50:23.320]  And they like to tell you how stupid you are
[01:50:23.320 --> 01:50:26.320]  Yeah, that's a fact
[01:50:26.320 --> 01:50:36.320]  And they like to correct you, so as they're doing this, you know, correcting you and telling you why your complaint doesn't rise to the level of a complaint
[01:50:36.320 --> 01:50:40.320]  They're actually giving you information on how to write your complaint better
[01:50:40.320 --> 01:51:00.320]  You know what, I've said for a long time that even when a judge decides against you, he'll give you little, if you know what to look for or if you're looking close, you're listening close, he'll give you the remedy
[01:51:00.320 --> 01:51:06.320]  You just have to be observant enough to recognize it when you see it or hear it
[01:51:06.320 --> 01:51:18.320]  I was in front of a judge one of the first times I went into, well actually the first time we went into court, no this wasn't the first time, one of the first times we went into court over my issue over the house
[01:51:18.320 --> 01:51:29.320]  The judge told me, he said, now Mr. Skidmore, I'm not saying, he had his clerk print out a case that was before the court fairly recent
[01:51:29.320 --> 01:51:39.320]  He said, now Mr. Skidmore, I'm not saying that your case is exactly like this, but it's similar in some ways
[01:51:39.320 --> 01:51:46.320]  He gave me a case from a friend of mine, he didn't know it, but I knew the guy
[01:51:46.320 --> 01:52:06.320]  And this was one of those really wild sovereign citizens on the land, Republic of Texas, you know, just, this poor guy was led straight down the Patriot mythological rabbit hole
[01:52:06.320 --> 01:52:17.320]  And I had some of those, I approached a couple of those elements in my pleading, and the judge gave me that case
[01:52:17.320 --> 01:52:28.320]  What he was saying without actually telling me is, here's what not to do, Mr. Skidmore, go home, study, try again
[01:52:28.320 --> 01:52:37.320]  Here's what not to do, led me to my remedy, I'm still fighting it, but yes, there's remedy there
[01:52:37.320 --> 01:52:54.320]  So the courts are very good at telling us what we need to do if we are attuned to receive and accept what it is that the court has to offer
[01:52:54.320 --> 01:52:59.320]  It may be kind of salty, but take it anyway
[01:52:59.320 --> 01:53:07.320]  Well, they'll also sometimes point the fingers at the wrong party, you know, the one that messed up
[01:53:07.320 --> 01:53:08.320]  Yeah, yes
[01:53:08.320 --> 01:53:17.320]  If you're making a complaint about an officer writing a complaint, it's not the officer that wrote the complaint, the officer wrote the report, somebody else put the complaint together
[01:53:17.320 --> 01:53:25.320]  So then they say, well, the officer didn't make the complaint with the district attorney's office that made the complaint, well, now you've got somebody else to go after
[01:53:25.320 --> 01:53:28.320]  There was district attorney's office
[01:53:28.320 --> 01:53:41.320]  So I mean, if you pay attention, even though you mess up, write a back complaint or whatever, take that, perfect your complaint, come back, and nail them
[01:53:41.320 --> 01:53:43.320]  That's all you've got to do, it's a process
[01:53:43.320 --> 01:53:44.320]  Yes, I agree
[01:53:44.320 --> 01:53:49.320]  You've got to get better at it and keep doing it, but you've got to do it
[01:53:49.320 --> 01:53:52.320]  So that was my only advice
[01:53:52.320 --> 01:53:53.320]  Okay
[01:53:53.320 --> 01:53:55.320]  So I'll let you go
[01:53:55.320 --> 01:53:57.320]  Well, I appreciate you calling in
[01:53:57.320 --> 01:54:00.320]  How's the weather up there?
[01:54:00.320 --> 01:54:01.320]  Cold
[01:54:01.320 --> 01:54:03.320]  Ha ha ha ha ha
[01:54:03.320 --> 01:54:05.320]  No one's gone out yet
[01:54:05.320 --> 01:54:08.320]  Randy, don't laugh, it's cold down here too
[01:54:08.320 --> 01:54:14.320]  Whoever gets cold in Texas, Yankee propaganda
[01:54:14.320 --> 01:54:16.320]  Randy thinks it's funny, you know
[01:54:16.320 --> 01:54:18.320]  Yeah, he likes to joke
[01:54:18.320 --> 01:54:21.320]  Well, Paul, thank you very much for calling in tonight
[01:54:21.320 --> 01:54:30.320]  And on that, we're going to go to New York where it's probably a little colder. Walt, what do you got for us?
[01:54:30.320 --> 01:54:31.320]  Yes, clean the town
[01:54:31.320 --> 01:54:37.320]  It's better today, but a couple days ago it was really bad, windy and very cold
[01:54:37.320 --> 01:54:42.320]  God bless you, man, it takes a special metal in a man to live up there in the Northern Territory
[01:54:42.320 --> 01:54:48.320]  I just, I can't take that kind of cold, not that long
[01:54:48.320 --> 01:54:52.320]  Yeah, well, I think I'm on my way out of here soon myself, I hope, but anyway
[01:54:52.320 --> 01:54:58.320]  There's room in Texas, come on, bring your guns
[01:54:58.320 --> 01:55:07.320]  If you have a complaint against somebody, let's say a minor criminal charge
[01:55:07.320 --> 01:55:12.320]  And you've resolved the issue with the person and you want to drop the charges in court
[01:55:12.320 --> 01:55:17.320]  So it's a privately settled matter now?
[01:55:17.320 --> 01:55:22.320]  Yes, it's not really me, it's in my former wife's family
[01:55:22.320 --> 01:55:25.320]  It doesn't matter, doesn't matter, we don't need that
[01:55:25.320 --> 01:55:31.320]  We just want to establish that the fact that this has been a private
[01:55:31.320 --> 01:55:36.320]  That this is now a privately settled matter, is that correct or incorrect?
[01:55:36.320 --> 01:55:43.320]  Yes, so when they go to court, can he drop the charges?
[01:55:43.320 --> 01:55:46.320]  I don't know what the law would be in New York State
[01:55:46.320 --> 01:55:50.320]  You don't have to go to court for him to drop the charges
[01:55:50.320 --> 01:55:54.320]  Okay, my wife and I used to like to dig for arrowheads
[01:55:54.320 --> 01:55:58.320]  We were invited out onto a piece of property to dig for arrowheads
[01:55:58.320 --> 01:56:00.320]  We found arrowheads
[01:56:00.320 --> 01:56:02.320]  This piece of property was up for sale
[01:56:02.320 --> 01:56:08.320]  We were invited by the caretaker of the land who lived on the property at the time
[01:56:08.320 --> 01:56:16.320]  So the owner of the land also had in his employ a real estate agent
[01:56:16.320 --> 01:56:20.320]  Who happened to stop by and see evidence of some digging
[01:56:20.320 --> 01:56:29.320]  So they called the game warden and the game warden hung out in the weeds in the brush until we showed up
[01:56:29.320 --> 01:56:34.320]  And when we started our little campaign back up, they snuck up on us
[01:56:34.320 --> 01:56:40.320]  And they did not arrest us, they contacted the property owner
[01:56:40.320 --> 01:56:43.320]  And they said no, they don't have permission to be out there
[01:56:43.320 --> 01:56:50.320]  Well, we got charged with criminal trespass and criminal mischief
[01:56:50.320 --> 01:56:56.320]  I wrote a letter to the property owner explaining to him how we did have permission to be out there
[01:56:56.320 --> 01:57:01.320]  Since his agent offered us to be out there
[01:57:01.320 --> 01:57:04.320]  He invited us out, so this is entrapment, I'm going to fight it
[01:57:04.320 --> 01:57:08.320]  And do you want to quit or do you want to go to court?
[01:57:08.320 --> 01:57:09.320]  He said we'll quit
[01:57:09.320 --> 01:57:10.320]  Okay, fine
[01:57:10.320 --> 01:57:15.320]  The state wouldn't stop, so I wrote a letter to the court asking
[01:57:15.320 --> 01:57:22.320]  How does the state seize jurisdiction in a privately settled matter?
[01:57:22.320 --> 01:57:26.320]  The court wrote me back and said we haven't heard anything from the homeowner
[01:57:26.320 --> 01:57:29.320]  Aha, you need an affidavit
[01:57:29.320 --> 01:57:36.320]  So I drafted an affidavit, had the property owner sign it, sent it back to the court
[01:57:36.320 --> 01:57:39.320]  Guess what I got in two weeks?
[01:57:39.320 --> 01:57:44.320]  I got all the charges dismissed
[01:57:44.320 --> 01:57:50.320]  So you don't have to go to court to tell the judge that hey, they've dropped the charges
[01:57:50.320 --> 01:57:54.320]  You can do that by a verified affidavit and you never have to go to court
[01:57:54.320 --> 01:57:55.320]  Does that make sense?
[01:57:55.320 --> 01:58:01.320]  Okay, so then the person that made the charges that no longer wants to follow through with it
[01:58:01.320 --> 01:58:04.320]  Just sends in an affidavit to the court saying it's been privately resolved
[01:58:04.320 --> 01:58:06.320]  The issue wanted to drop the charges
[01:58:06.320 --> 01:58:09.320]  Correct, perfect, you got it
[01:58:09.320 --> 01:58:11.320]  Real quick question
[01:58:11.320 --> 01:58:13.320]  Real quick, you got 30 seconds
[01:58:13.320 --> 01:58:18.320]  Also over your cell phone, if the counsel can't make it to the court, can the judge deny that?
[01:58:18.320 --> 01:58:20.320]  Say it again?
[01:58:20.320 --> 01:58:27.320]  If you're in court case in the courtroom before the judge and your counsel can't make it
[01:58:27.320 --> 01:58:32.320]  But they can speak to you over the phone in the courtroom, can the judge deny that?
[01:58:32.320 --> 01:58:36.320]  You'll have to check your local rules and case law for that
[01:58:36.320 --> 01:58:39.320]  Unfortunately, we're out of time to talk about that any further
[01:58:39.320 --> 01:58:41.320]  Walt, thank you very much for calling in
[01:58:41.320 --> 01:58:43.320]  I'd like to thank everybody for listening
[01:58:43.320 --> 01:58:47.320]  And tune in next Friday at 8 o'clock Central for more Rule of Law Radio
[01:58:47.320 --> 01:58:49.320]  Until then, folks, have a good week
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