ROL_2015-04-10_16k_Hr1-2.timecode
[00:00.000 --> 00:08.000] This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:08.000 --> 00:09.000] at thelibertybeat.com.
[00:09.000 --> 00:14.400] I'm Brian Hagan with your Liberty Beat for Friday, March 10th, 2015.
[00:14.400 --> 00:23.480] Gold is trading at $1,195, silver at $16.19, and bitcoin is trading around $239.73.
[00:23.480 --> 00:27.720] The Liberty Beat is brought to you in part by Coinarch, offering innovative online trading
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[00:40.080 --> 00:46.120] In the news, activists across the southwestern United States are organizing counter-exercises
[00:46.120 --> 00:52.120] to the U.S. military's planned Jade Helm exercise, scheduled to take place between July 15th
[00:52.120 --> 00:53.800] to September 15th.
[00:53.800 --> 00:59.480] A Facebook page entitled Counter Jade Helm Exercises is calling upon patriots to hold
[00:59.480 --> 01:04.320] counter-surveillance exercises to learn what the military will be practicing.
[01:04.320 --> 01:09.720] Jade Helm is an eight-week joint military exercise testing unconventional warfare in
[01:09.720 --> 01:19.720] the states of Texas, New Mexico, Arizona, California, Nevada, Utah, and Colorado.
[01:19.720 --> 01:24.080] According to documents released during open records requests, at least one officer was
[01:24.080 --> 01:29.480] using Facebook to monitor a Texas man who was not specifically under investigation for
[01:29.480 --> 01:30.960] a crime.
[01:30.960 --> 01:35.680] Muckrock reports that Officer Evan Ratcliffe, with the Round Rock Police Department, was
[01:35.680 --> 01:40.560] monitoring a man from the town of Garland, Texas, more than three hours away.
[01:40.560 --> 01:45.100] In one email, Officer Ratcliffe states, quote, I found this on one of the guys I monitor
[01:45.100 --> 01:50.040] on Facebook, end quote, and then posted a link to the man's Facebook account.
[01:50.040 --> 01:55.920] The documents do not reveal when or how the man came to be under surveillance, but a spokesperson
[01:55.920 --> 02:00.800] for Round Rock Police Department said the man was known for criminal activity, end quote,
[02:00.800 --> 02:05.400] actively posted pictures of firearms and other illegal items, end quote.
[02:05.400 --> 02:10.720] Muckrock says the department lacks a policy on social media monitoring, which is concerning
[02:10.720 --> 02:12.960] for privacy advocates.
[02:12.960 --> 02:19.120] The Liberty Beat is sponsored by Central Texas Gunworks, your online source for firearms,
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[02:50.880 --> 02:54.560] This is the Liberty Beat for Friday, April 10, 2015.
[02:54.560 --> 03:22.720] Check out the website at thelibertybeat.com.
[03:24.560 --> 03:36.440] Hey, howdy, howdy, Randy Kelton with our radio.
[03:36.440 --> 03:42.680] Looks like we've lost Steve as a co-host, so it's down to just me.
[03:42.680 --> 03:52.840] On this Friday, the 10th of April, 2015, quarter way through the year already, and last night
[03:52.840 --> 04:00.040] I said March for some reason, I guess I was brain dead, but it's really April already.
[04:00.040 --> 04:06.240] And I talked about something last night that I kind of wanted to touch on again because
[04:06.240 --> 04:12.520] frankly, I'm pretty excited about the prospect.
[04:12.520 --> 04:20.480] Those of you who've been listening for a long time know that one of my passions is the grand
[04:20.480 --> 04:28.160] jury, that if there is a solution to the problems that we're having with the police and other
[04:28.160 --> 04:39.680] public officials, that solution is already written into law in the form of a grand jury.
[04:39.680 --> 04:50.520] And about, well Thursday is a week ago, I filed with the Tarrant County District Attorney
[04:50.520 --> 04:57.160] a set of criminal complaints against the Dallas County District Attorney, accusing the Dallas
[04:57.160 --> 05:05.340] County District Attorney of interfering with my access to a grand jury in order to exercise
[05:05.340 --> 05:14.520] my right as codified into code under 20.09 Texas Code of Criminal Procedure, which says
[05:14.520 --> 05:22.940] it shall be the duty of the grand jury to investigate into all crimes subject to indictment
[05:22.940 --> 05:29.680] that come by way of their own personal knowledge, by way of the district attorney or any credible
[05:29.680 --> 05:32.000] person.
[05:32.000 --> 05:42.720] I came to the Dallas County District Attorney's Office where the grand jury sits and requested
[05:42.720 --> 05:51.160] that the clerk give the foreman notice that I was there and I had business with the grand
[05:51.160 --> 05:52.160] jury.
[05:52.160 --> 05:58.920] Instead of doing that, they called out some people with pistols, some investigators for
[05:58.920 --> 06:04.600] the district attorney's office and they ordered us to lead the building at what I considered
[06:04.600 --> 06:11.960] to be constructive gunpoint because it was clear from past police behavior, if you do
[06:11.960 --> 06:16.880] anything they don't like, if you don't do exactly what they say, when they say, how
[06:16.880 --> 06:23.040] they say, there's a very good chance they'll pull a pistol and shoot you in the back.
[06:23.040 --> 06:30.400] I was referring to this guy in Charleston, South Carolina that was pulled over for a
[06:30.400 --> 06:36.040] tail light being out and he ran from the police and the police shot him in the back and killed
[06:36.040 --> 06:39.200] him.
[06:39.200 --> 06:45.600] I was listening to public radio and they were interviewing some people in Charleston and
[06:45.600 --> 06:51.760] one was a contractor and he said he doesn't like to go to that part of Charleston because
[06:51.760 --> 06:54.200] of the police.
[06:54.200 --> 06:59.960] He doesn't fear any of the people in Charleston, he fears the police, so a good chance this
[06:59.960 --> 07:04.520] person ran from him because he was more afraid of the police than he was anything else.
[07:04.520 --> 07:11.160] But anyway, we were thrown out of the courthouse, denied access to the grand jury, so I'm bringing
[07:11.160 --> 07:20.200] this accusation to the Tarrant County grand jury and it creates a conundrum.
[07:20.200 --> 07:25.000] Ordinarily, when I come to Tarrant County to complain about something that occurred
[07:25.000 --> 07:28.720] in Dallas County, they're going to say, well, you really need to take that to a Dallas County
[07:28.720 --> 07:30.880] grand jury.
[07:30.880 --> 07:37.480] And I get to tell them, did that, that's what the complaint is, is that they denied me access
[07:37.480 --> 07:43.440] to the Dallas County grand jury and did so at Constructed Gunpoint.
[07:43.440 --> 07:46.400] Do this out of the building.
[07:46.400 --> 07:49.400] So it creates a bit of a conundrum.
[07:49.400 --> 07:50.400] What do you do now?
[07:50.400 --> 07:51.400] What's the remedy?
[07:51.400 --> 07:56.360] Well, the way I read the remedy, the remedy is to give it to the grand jury because you
[07:56.360 --> 07:58.960] don't have anything to say about it.
[07:58.960 --> 08:05.320] 2.03, Code of Criminal Procedure, where a prosecuting attorney is made known that a public official
[08:05.320 --> 08:08.440] has violated a law relating to his office.
[08:08.440 --> 08:12.400] He shall reduce complaint and information submitted to the grand jury.
[08:12.400 --> 08:14.840] That's a paraphrase, it's a little longer than that.
[08:14.840 --> 08:16.840] But that's the essence, that's what it says.
[08:16.840 --> 08:21.000] They shout, does not mean may, matter, can, if he wants to.
[08:21.000 --> 08:27.800] So in the matter of a complaint against a public official, specifically by special statute
[08:27.800 --> 08:32.480] the prosecuting attorney has no jurisdiction.
[08:32.480 --> 08:46.520] And it is my position that when a private citizen files a complaint with a grand jury,
[08:46.520 --> 08:55.080] that in a county other than the county where it occurred, and actually I'm stepping ahead
[08:55.080 --> 08:58.480] of myself slightly, but I'll digress in a moment.
[08:58.480 --> 09:02.180] This was kind of an epiphany I had today.
[09:02.180 --> 09:07.120] I filed this in Tarrant County.
[09:07.120 --> 09:15.120] And since the offense occurred in Dallas County, there is no way that the Tarrant County District
[09:15.120 --> 09:24.760] Attorney can have such a better jurisdiction or prosecutorial jurisdiction.
[09:24.760 --> 09:31.480] Because the Tarrant County District Attorney only has jurisdiction in Tarrant County for
[09:31.480 --> 09:35.080] crimes committed in Tarrant County.
[09:35.080 --> 09:38.480] This one was committed in Dallas County.
[09:38.480 --> 09:46.240] So the Dallas County, Tarrant County District Attorney has no power to go to the grand jury
[09:46.240 --> 09:54.640] and tell them anything, unless the grand jury requests legal advice.
[09:54.640 --> 10:02.140] In which case, not as a prosecutor, but as an attorney for the county, the district attorney
[10:02.140 --> 10:06.280] could go to the grand jury and give them legal advice.
[10:06.280 --> 10:11.600] And I gave a copy of the complaints to the Tarrant County District Attorney for that
[10:11.600 --> 10:20.280] purpose so that they could look at my complaints and see if I had any technical flaws or I
[10:20.280 --> 10:26.080] was perhaps asking the grand jury something, to do something it had no power to do.
[10:26.080 --> 10:32.760] And then if the grand jury asks the prosecutor for advice, you could give them legal advice.
[10:32.760 --> 10:38.760] But otherwise, this is strictly between me and the grand jury and the way I get to me
[10:38.760 --> 10:44.280] in the grand jury, and here's my digression.
[10:44.280 --> 10:55.240] When a grand jury is impaneled by a district judge, there is a presumption that since every
[10:55.240 --> 11:04.480] county has a grand jury, that the grand jury's jurisdiction is restricted to that county.
[11:04.480 --> 11:11.200] I live in Wise County and Wise County, the district court covers two counties, Wise
[11:11.200 --> 11:14.240] County and Jack County.
[11:14.240 --> 11:19.520] Wise doesn't have very much population, only about 35, 40,000, and Jack County has much
[11:19.520 --> 11:22.160] less than that.
[11:22.160 --> 11:27.760] But there is a grand jury impaneled for each county anyway.
[11:27.760 --> 11:32.160] So each county in Texas has a grand jury.
[11:32.160 --> 11:38.600] The district judge who impaneled that grand jury has venue.
[11:38.600 --> 11:47.120] He is a statewide judge, and years ago judges used to ride a circuit when there weren't
[11:47.120 --> 11:51.840] enough people and there weren't enough judges to have one in every county, the judges would
[11:51.840 --> 11:52.840] ride a circuit.
[11:52.840 --> 11:56.960] Well, we got enough judges so they didn't have to do that anymore.
[11:56.960 --> 12:06.320] And in order to avoid conflicts and avoid venue shopping, the legislature restricted
[12:06.320 --> 12:13.680] each statewide district judge to a specific venue.
[12:13.680 --> 12:23.080] When the statewide district judge impaneled the grand jury, there seems to be an implication
[12:23.080 --> 12:29.880] that his limitation in venue is somehow transferred over to the grand jury.
[12:29.880 --> 12:36.720] Well, when I look in the code, I can't find anything that would indicate that the legislature
[12:36.720 --> 12:40.760] intended any such restriction.
[12:40.760 --> 12:46.200] The grand jury is a state grand jury, not a county grand jury.
[12:46.200 --> 12:54.440] Now a state grand jury is impaneled in every county, but there's nothing in law that indicates
[12:54.440 --> 13:02.560] the legislature intended that a complaint had to be filed with a grand jury in the county
[13:02.560 --> 13:07.200] in which the offense occurred.
[13:07.200 --> 13:11.320] That is nowhere in code.
[13:11.320 --> 13:19.400] There's nothing in the legislature to indicate that that was a legislative intent, and therefore
[13:19.400 --> 13:27.400] it must be construed if the legislature did not put limits on the jurisdiction of a grand
[13:27.400 --> 13:36.720] jury, where they did put limits on the jurisdiction of every judge in the state.
[13:36.720 --> 13:45.240] Every judge in the state has his jurisdiction clearly defined, I'm sorry, his jurisdiction
[13:45.240 --> 13:48.480] and venue.
[13:48.480 --> 13:56.040] County judges, justices of the peace, municipal judges, the law stipulates their jurisdiction
[13:56.040 --> 14:00.600] and their venue, nothing for the grand jury.
[14:00.600 --> 14:08.200] So it must be construed that any grand jury can hear any complaint filed in their misdemeanor
[14:08.200 --> 14:16.400] state or federal, I'm sorry, not state or federal, a magistrate can hear state or federal.
[14:16.400 --> 14:23.160] This goes to attorney general opinion JM 500, and there the question was brought.
[14:23.160 --> 14:30.240] Where a person was arrested in a county and it was discovered that he had committed a
[14:30.240 --> 14:40.040] crime in another county, the question was, can a justice of the peace acting in the capacity
[14:40.040 --> 14:45.880] of a magistrate hold an examining trial in the county where the person was arrested or
[14:45.880 --> 14:51.200] must the person be taken back to the county where the crime was committed?
[14:51.200 --> 14:59.060] And the overwhelming opinion of the attorney general in his brief was that absolutely any
[14:59.060 --> 15:03.760] magistrate could hear any complaint, felony or misdemeanor state or federal from anywhere
[15:03.760 --> 15:07.240] within the state of Texas.
[15:07.240 --> 15:15.760] Since a grand jury performs a similar function in that a grand jury examines into the sufficiency
[15:15.760 --> 15:21.440] of an accusation, that's precisely what a magistrate does when they hold an examining
[15:21.440 --> 15:23.640] trial.
[15:23.640 --> 15:30.680] They're not held to the standards of a prosecution.
[15:30.680 --> 15:36.280] Magistrates and grand juries, they merely determine probable cause.
[15:36.280 --> 15:44.320] Is their reason sufficient evidence to give a reasonable person of ordinary prudence cause
[15:44.320 --> 15:50.640] to believe that a crime has been committed and the accused has committed that crime?
[15:50.640 --> 15:52.160] That's all they do.
[15:52.160 --> 15:54.240] Magistrate does exactly the same thing.
[15:54.240 --> 16:02.560] So it's appropriate to apply the restrictions you lack thereof on a magistrate to the grand
[16:02.560 --> 16:09.320] jury as well, but that's the only guiding precedence that we have.
[16:09.320 --> 16:19.800] The upshot of all of this will be that anyone can take a criminal complaint against any
[16:19.800 --> 16:28.520] person, be he private citizen or public official, to any grand jury in the state of Texas.
[16:28.520 --> 16:37.240] And my argument will be if the complaint alleges a crime that occurred outside the county or
[16:37.240 --> 16:44.560] outside the jurisdiction of the district attorney, then the district attorney has nothing to
[16:44.560 --> 16:45.560] say.
[16:45.560 --> 16:46.560] We'll be right back.
[16:46.560 --> 16:52.840] Randy Kelton, we will call, we will radio our call in number 512-646-1984, we've got
[16:52.840 --> 16:55.160] the phones open, we'll be taking calls all night.
[16:55.160 --> 17:00.720] Leslie, I'll pick you up on the other side, we'll be right back.
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[19:08.040 --> 19:19.880] Okay, we are back.
[19:19.880 --> 19:23.040] Randy Kelton, Rule of Law Radio.
[19:23.040 --> 19:26.920] And I'm finishing up with this particular issue.
[19:26.920 --> 19:35.880] You know, I talk about everything being political, and you will never win your case simply because
[19:35.880 --> 19:39.200] you have the law and the facts on your side.
[19:39.200 --> 19:47.920] It took a long time to really understand this part, and I'm not sure that I fully understand
[19:47.920 --> 19:51.360] it yet, but I'm working on it.
[19:51.360 --> 20:00.120] Before filing the complaints in this particular case, I spent a lot of time laying groundwork.
[20:00.120 --> 20:06.760] I interviewed Sharon Wilson, the current district attorney, before she became district attorney.
[20:06.760 --> 20:10.160] We interviewed her on the show.
[20:10.160 --> 20:20.360] And so we got to speak, and she got to realize that while I may be a wacko reactionary, I
[20:20.360 --> 20:30.000] am well-versed in code, so she won't be quite so quick to dismiss me.
[20:30.000 --> 20:39.160] And I've got an opportunity to present a position that a reasonable person would not find outlandish.
[20:39.160 --> 20:46.960] Thus, the whole purpose here is to simply remedy some things that are wrong.
[20:46.960 --> 20:51.120] So I had somewhat of a rapport with her.
[20:51.120 --> 20:57.160] And before filing the complaint, I went to the new district attorney in Dallas County
[20:57.160 --> 21:01.640] because Greg Watkins got voted out.
[21:01.640 --> 21:05.480] Timing could not have been better.
[21:05.480 --> 21:12.480] Several years ago, I filed complaints against the Texas Court of Criminal Appeals.
[21:12.480 --> 21:18.200] In Texas, for those that are not in Texas, we have two high courts.
[21:18.200 --> 21:23.680] We have the Supreme Court, which handles civil issues, the Texas Court of Criminal Appeals
[21:23.680 --> 21:27.560] that handles criminal issues.
[21:27.560 --> 21:31.640] So I filed criminal charges against them.
[21:31.640 --> 21:38.880] And it took a year, but I finally got my complaints presented to a grand jury.
[21:38.880 --> 21:45.120] And at the time, I thought it was my eloquent oratory and all the pressure I put on these
[21:45.120 --> 21:51.800] guys and all the annoying that I did of them, but I didn't have anything to do with it.
[21:51.800 --> 21:55.000] Made no difference what I did.
[21:55.000 --> 22:00.960] My complaints went to the grand jury because Ron Earl, a 25-year prosecutor, was not running
[22:00.960 --> 22:03.280] for office again.
[22:03.280 --> 22:04.760] He was a Democrat.
[22:04.760 --> 22:10.000] All 15 of the judges of the Court of Criminal Appeals were Republicans.
[22:10.000 --> 22:15.400] Ron Earl used my complaint as cannon fodder to try to take out these judges with him when
[22:15.400 --> 22:18.840] he retired.
[22:18.840 --> 22:29.040] It was serendipitous that Ron Earl happened to be retiring from office and found opportunity
[22:29.040 --> 22:32.760] to use my complaints, otherwise they'd have never got there.
[22:32.760 --> 22:41.360] In this case, it was serendipitous that the new district attorney in Dallas County pretty
[22:41.360 --> 22:45.120] much hated Greg Watkins.
[22:45.120 --> 22:50.320] There was public animosity, at least on her part, toward him.
[22:50.320 --> 22:55.200] She considered him a no good corrupt scoundrel.
[22:55.200 --> 22:58.760] So I talked to her office and notified her office.
[22:58.760 --> 23:04.440] I talked to one of her ADAs, assistant district attorneys, and explained to her what I was
[23:04.440 --> 23:10.240] doing and explained the legal position I was raising.
[23:10.240 --> 23:18.360] I deliberately structured this so it would go to a very fine legal point.
[23:18.360 --> 23:28.720] Does a parent county grand jury have jurisdiction and venue to hear a complaint about a crime
[23:28.720 --> 23:31.280] that occurred in Dallas County?
[23:31.280 --> 23:35.840] That's the issue any objection would have to bring.
[23:35.840 --> 23:42.440] Well, I explained it to her that I took this to Tarrant County because of the public animosity
[23:42.440 --> 23:49.480] between her and the prior prosecutor, and I did not want this to look like a political
[23:49.480 --> 23:52.080] witch hunt.
[23:52.080 --> 23:56.200] That didn't want it to look like as soon as she gets in office, she tries to prosecute
[23:56.200 --> 23:58.920] the prior prosecutor.
[23:58.920 --> 24:05.600] So I took it to Tarrant County so that she would have plausible deniability, and in fact
[24:05.600 --> 24:09.840] she has nothing to say about it.
[24:09.840 --> 24:16.800] And since it's a Dallas County complaint that I filed in Tarrant County, the Tarrant County
[24:16.800 --> 24:22.880] district attorney has no jurisdiction, so neither one of them has jurisdiction over
[24:22.880 --> 24:26.840] the complaint when it's in the hand of the grand jury.
[24:26.840 --> 24:32.320] So both have plausible deniability, they didn't have anything to do with it.
[24:32.320 --> 24:40.960] And in fact, to Sharon Wilson's credit, when I took this complaint down there, and you
[24:40.960 --> 24:51.880] have to consider this can be highly contentious and highly political, she did everything exactly
[24:51.880 --> 24:56.520] by the book as I read the book.
[24:56.520 --> 25:05.080] That is the first time I've ever had a prosecutor do everything exactly by the book.
[25:05.080 --> 25:11.480] With that said, there's one in Wise County that I have no doubt, if I put him on that
[25:11.480 --> 25:20.220] dime, he would do exactly what the book said, but I never put him on that dime.
[25:20.220 --> 25:24.980] What Sharon Wilson actually did, followed the code exactly.
[25:24.980 --> 25:34.360] There is a very good chance that we may get Greg Watkins indicted, and it's a good clean
[25:34.360 --> 25:40.200] indictment because we're not accusing him of misappropriating public funds, we're not
[25:40.200 --> 25:49.520] accusing him of crucifying his political enemies, we're accusing him of something very generic,
[25:49.520 --> 25:56.720] but essentially we're accusing him of following a policy that has been in place longer than
[25:56.720 --> 25:59.560] he's been a district attorney.
[25:59.560 --> 26:05.480] We're accusing him of doing what everybody else does, what every other district attorney
[26:05.480 --> 26:11.880] that I've come across for the most part in the state of Texas does.
[26:11.880 --> 26:17.320] So it's not like we're trying to crucify Greg Watkins.
[26:17.320 --> 26:21.160] We're trying to get a ruling on a point of law.
[26:21.160 --> 26:28.920] So it's nice and clean, and there is a very good chance that we will get an indictment,
[26:28.920 --> 26:39.680] but even if we don't, the complaints will go to the grand jury and that sets the precedent.
[26:39.680 --> 26:46.680] If it's legal to do it in Tarrant County and there is no legal objection, then we can do
[26:46.680 --> 26:52.380] it in any county, and this means that if you have a complaint against a public official
[26:52.380 --> 26:57.240] and your county won't accept the complaint or interferes with your access to the grand
[26:57.240 --> 27:06.080] jury, you can take it to not just any grand jury in the state of Texas, but every grand
[27:06.080 --> 27:09.640] jury in the state of Texas.
[27:09.640 --> 27:16.120] So that's my story and I'm sticking to it, and I'll keep you updated on what happens
[27:16.120 --> 27:18.880] as a result of this.
[27:18.880 --> 27:22.960] This is a no-lose situation.
[27:22.960 --> 27:30.640] Even if we don't get an indictment, we have the district attorney before the grand jury,
[27:30.640 --> 27:36.320] we have a justice of the peace, Norris Rodeau.
[27:36.320 --> 27:41.880] He's before the grand jury because he's the one I went to the district attorney in Dallas
[27:41.880 --> 27:44.960] County to file a complaint against.
[27:44.960 --> 27:53.040] What I accused Judge Rodeau of is of not holding the examining trial on complaints I gave him
[27:53.040 --> 28:04.840] against another justice of the peace in Dallas County, Judge Cooper.
[28:04.840 --> 28:09.960] So I understand that Judge Rodeau did not want to hold an examining trial on one of
[28:09.960 --> 28:12.640] his buddies that he worked with.
[28:12.640 --> 28:19.880] And besides, Judge Cooper was a lawyer and Stretch Rodeau was not a lawyer.
[28:19.880 --> 28:21.920] So he was doubly reluctant.
[28:21.920 --> 28:25.320] Well, good, that's perfect.
[28:25.320 --> 28:33.640] I get to accuse Rodeau of doing what every other JP in the county does.
[28:33.640 --> 28:42.280] So the upshot is if I do get an indictment of Craig Watkins, the district attorney, they
[28:42.280 --> 28:50.400] will almost certainly have to indict Rodeau and Cooper and probably several others.
[28:50.400 --> 28:57.320] Because if they just indict the district attorney and don't indict the others below him, it's
[28:57.320 --> 29:02.120] going to sound like they're throwing the district attorney under the bus, a political assassination.
[29:02.120 --> 29:07.840] So politically, they'll have to take some others down with them.
[29:07.840 --> 29:13.280] And right now, I'm sure they all know that I have made the filing.
[29:13.280 --> 29:18.520] Now they're wondering not only if their career is going to end tomorrow, but if they're going
[29:18.520 --> 29:23.680] to wind up having to fight to stay out of jail.
[29:23.680 --> 29:25.920] And from my perspective, that's going to be enough.
[29:25.920 --> 29:26.920] They'll change their behavior.
[29:26.920 --> 29:29.440] They're not going to want this to happen again.
[29:29.440 --> 29:34.800] Guys, we can change everything.
[29:34.800 --> 29:38.440] All we've got to do is stand up in the county.
[29:38.440 --> 29:41.680] Leslie, as soon as we come back, we will pick you up on the other side.
[29:41.680 --> 29:43.960] Leslie's got great news for us.
[29:43.960 --> 29:45.640] She's the bad grandma.
[29:45.640 --> 29:47.520] She's always got great news for us.
[29:47.520 --> 29:52.320] Our call in number 512-646-1984, give us a call.
[29:52.320 --> 29:54.080] We'll be taking your calls all night.
[29:54.080 --> 29:55.520] Jimmy, I see you there.
[29:55.520 --> 29:56.520] We'll get to you next.
[29:56.520 --> 29:57.520] We'll be right back.
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[33:04.520 --> 33:16.520] You're listening to the Logos Radio Network at logosradionetwork.com.
[33:16.520 --> 33:33.240] Okay, we are back, Randy Kelton, Rule of Law Radio, and we're going to Leslie in Pennsylvania.
[33:33.240 --> 33:35.240] Hello, Ms. Leslie.
[33:35.240 --> 33:36.240] Hi there.
[33:36.240 --> 33:39.240] We've had a busy week.
[33:39.240 --> 33:43.160] We've been having a lot of trouble hearing you.
[33:43.160 --> 33:45.880] We had a busy week this week.
[33:45.880 --> 33:48.880] Much better, much better.
[33:48.880 --> 33:49.880] Okay.
[33:49.880 --> 33:55.560] Last week we were discussing the RICO claims, and I thought, you know what?
[33:55.560 --> 33:59.600] I'm going to call Nancy Becker and see how she's making out with her case.
[33:59.600 --> 34:00.600] And she was very upset.
[34:00.600 --> 34:03.080] I said, well, what's the matter?
[34:03.080 --> 34:09.360] And she said, well, Murray's Corp filed an appeal from that last order that she got where
[34:09.360 --> 34:15.960] they said that it was required that all the transfers be recorded, and I said, what do
[34:15.960 --> 34:16.960] you mean?
[34:16.960 --> 34:17.960] She said, well, they filed.
[34:17.960 --> 34:20.360] She said, they beat me.
[34:20.360 --> 34:21.360] They won.
[34:21.360 --> 34:22.360] They filed an appeal.
[34:22.360 --> 34:25.160] I said, well, let's look at that.
[34:25.160 --> 34:33.600] So I pulled down all her files off the pacer of this more file, the orders, to find out
[34:33.600 --> 34:35.280] what was wrong.
[34:35.280 --> 34:43.200] And I found the statement of issues in the appeals court that they're asking whether
[34:43.200 --> 34:50.200] the recording statute requires rather than permits recording of all the assignments subject
[34:50.200 --> 34:56.080] to a civil action for damages and injunctive relief by the recorder of deeds.
[34:56.080 --> 35:01.920] And whether the district court erred in holding any transfer of the note secured by a mortgage
[35:01.920 --> 35:06.560] is a mortgage assignment which must be recorded.
[35:06.560 --> 35:12.440] And then it said whether the district court erred in holding an agent or transfer recording,
[35:12.440 --> 35:21.800] of course it's referring to MERS, is liable under section 351 to create and record documents
[35:21.800 --> 35:27.240] evidencing the transfer of notes between others, even though the agent was neither the transferor
[35:27.240 --> 35:32.960] or the transferee and did nothing to effectuate the transfer.
[35:32.960 --> 35:38.200] And whether the district court erred in holding that recorder who has a statutory obligation
[35:38.200 --> 35:46.080] to record security instruments as a ministerial duty can sue to enforce 351 and recover monetary
[35:46.080 --> 35:47.080] relief.
[35:47.080 --> 35:53.480] Now, when the appeals court got this, they said automatic, right off the bat, they said
[35:53.480 --> 35:58.200] this is a matter of law and they bumped it right up to the Supreme Court and it's going
[35:58.200 --> 35:59.200] there this-
[35:59.200 --> 36:08.440] Oh, whoa, the Court of Appeals can't hear a matter of law?
[36:08.440 --> 36:15.320] Well, no, they said, they felt that it should go right up to the Supreme Court because of
[36:15.320 --> 36:21.840] the nature of it, that it's so foundational that it has to go to the Supreme Court.
[36:21.840 --> 36:24.040] So that's where it's at.
[36:24.040 --> 36:26.720] Why is she upset?
[36:26.720 --> 36:30.480] Well, she took it the wrong way.
[36:30.480 --> 36:31.480] She doesn't understand.
[36:31.480 --> 36:38.520] Some of these questions, they're going to have partly in her favor and partly not because
[36:38.520 --> 36:44.200] the way the law is in Pennsylvania, yes, they are required, but she cannot collect any money
[36:44.200 --> 36:45.960] from the transfer.
[36:45.960 --> 36:50.080] She cannot get monetary relief from the agent.
[36:50.080 --> 36:54.960] She has to sue the principal, I would think.
[36:54.960 --> 36:59.520] So that would leave her suing each of the principals, but that would be simply enough
[36:59.520 --> 37:01.200] to do in a class action.
[37:01.200 --> 37:02.200] Yeah.
[37:02.200 --> 37:04.800] Well, she does have that lawsuit.
[37:04.800 --> 37:09.360] And that was the other thing I was asking her about was that the lawsuit against all
[37:09.360 --> 37:14.600] the banks that she has going for relief, for the payment of the funds.
[37:14.600 --> 37:17.400] Wait a minute, that doesn't sound right.
[37:17.400 --> 37:19.440] Yeah, I know.
[37:19.440 --> 37:26.160] Well, she did sue, and so did my county recorder sue, the Banks of America, Citibank, Bank
[37:26.160 --> 37:28.800] of New York, all of them.
[37:28.800 --> 37:31.960] But anyway, and they're identical lawsuits.
[37:31.960 --> 37:38.680] He copied her word for word and- Wait a minute, back up and say that again?
[37:38.680 --> 37:45.800] The copy, the lawsuit coming from Chester County is identical to the one coming from
[37:45.800 --> 37:46.800] Montgomery County.
[37:46.800 --> 37:47.800] Oh.
[37:47.800 --> 37:51.440] They copied word for word.
[37:51.440 --> 37:52.440] Good.
[37:52.440 --> 37:53.440] Yeah.
[37:53.440 --> 37:59.080] So when I told her, when I thought she was upset, I said, look, I said, this is what
[37:59.080 --> 38:00.080] I'm doing.
[38:00.080 --> 38:04.160] I'm filing a RICO action because this is what happened to me.
[38:04.160 --> 38:06.400] And I said, I'll send you the paper.
[38:06.400 --> 38:07.400] So I did.
[38:07.400 --> 38:14.520] And then I told her, I said, one thing you could do, this is a RICO.
[38:14.520 --> 38:19.040] I said, this is, you know, a RICO action, she said, what do you mean?
[38:19.040 --> 38:26.240] I said, well, in my case, in every case where there's a record mortgage assignment recorded
[38:26.240 --> 38:36.040] under MERS, it's forgery because it says it's the original lender who at that time has no
[38:36.040 --> 38:43.200] interest in the mortgage and has no idea at all about the assignment.
[38:43.200 --> 38:48.800] And it skips over all of the other assignments, that's forgery.
[38:48.800 --> 38:59.440] And also, if you look in under Pennsylvania code and the criminal code under chapter 49,
[38:59.440 --> 39:07.400] it says tampering with recorded documents falls under that.
[39:07.400 --> 39:14.120] And that puts it under the Pennsylvania code for RICO and the federal code for RICO because
[39:14.120 --> 39:18.960] it's a forgery and it comes under 49 with tampering with public documents.
[39:18.960 --> 39:23.840] And then when they file for foreclosure, that also comes under chapter 49 because they're
[39:23.840 --> 39:29.960] swearing that something is true and they know it isn't.
[39:29.960 --> 39:37.720] And then they put in the, what do you call it, the affidavit from the bank.
[39:37.720 --> 39:42.280] So I said, you have RICO in there, I said, why don't you, and you get trouble damages.
[39:42.280 --> 39:47.320] So you go after them and I said, this is, and I read to her what I was asking the court
[39:47.320 --> 39:57.160] to do on my RICO suit and it came up like she would get 16 times every recorded document.
[39:57.160 --> 39:59.240] She cracked up, she loved it.
[39:59.240 --> 40:03.200] So when I called her again today to see if she read all the documents, she said, you
[40:03.200 --> 40:09.400] gave me a lot of reading to do.
[40:09.400 --> 40:12.400] And I said, yes.
[40:12.400 --> 40:18.640] And she said, I said, but one of the things I forgot to tell you, when you add it to your
[40:18.640 --> 40:25.840] Bank of New York and Bank of America and all that, when you add it to your lawsuit there,
[40:25.840 --> 40:33.440] get a hold of the County District Attorney and file a criminal lawsuit.
[40:33.440 --> 40:42.200] This is a felony of the first degree in Pennsylvania.
[40:42.200 --> 40:43.200] That's a big deal.
[40:43.200 --> 40:44.200] Yeah.
[40:44.200 --> 40:47.440] She got all excited.
[40:47.440 --> 40:54.080] I'm telling you today, she says, I'm going to get a hold of her right away.
[40:54.080 --> 40:57.720] So you have a female district attorney there?
[40:57.720 --> 40:58.720] Yes.
[40:58.720 --> 40:59.720] Wonderful.
[40:59.720 --> 41:03.120] I like female district attorneys.
[41:03.120 --> 41:07.240] They seem to be more prone to do things right.
[41:07.240 --> 41:08.240] Yeah.
[41:08.240 --> 41:14.160] I'm going to get a hold of her right away.
[41:14.160 --> 41:16.160] And that's in Montgomery County now in Chesaquah.
[41:16.160 --> 41:20.480] I said, you be sure and tell Rick because he won't talk to me.
[41:20.480 --> 41:27.640] And the district attorney there is holding my complaints that I held before, but they
[41:27.640 --> 41:33.600] weren't RICO complaints when I filed them because there was no RICO action then.
[41:33.600 --> 41:40.320] Because it was only after they filed the one lawsuit, when they put themselves into my
[41:40.320 --> 41:44.480] quiet title, it didn't fall into RICO then.
[41:44.480 --> 41:47.640] Now it does because they filed the foreclosure.
[41:47.640 --> 41:49.840] Oh, wonderful.
[41:49.840 --> 42:00.840] So do you have any weed on the district attorney, primarily the politics of this issue in Pennsylvania?
[42:00.840 --> 42:04.320] I have no idea.
[42:04.320 --> 42:14.280] But when I told her, when I told Nancy what the outcome could be, oh, she was overblasted.
[42:14.280 --> 42:20.680] And one of the reasons I wanted to call you too is I have a friend that wants to come
[42:20.680 --> 42:22.180] into my RICO suit.
[42:22.180 --> 42:26.200] She wants to join in because we have a similar attorney and because we're throwing the attorneys
[42:26.200 --> 42:29.480] under the bus with this one too.
[42:29.480 --> 42:30.480] You know what I mean?
[42:30.480 --> 42:31.480] Uh huh.
[42:31.480 --> 42:37.000] And the attorneys is part of the conspiracy and the organized crime and they're involved.
[42:37.000 --> 42:39.080] They're very much involved.
[42:39.080 --> 42:42.480] So she has the same attorney as I do.
[42:42.480 --> 42:48.800] So we're going to join her and her husband onto mine and she also has a forged document
[42:48.800 --> 42:52.000] and can prove it.
[42:52.000 --> 42:58.320] And she got it out of the mouth of the lender that it was this person and not that person.
[42:58.320 --> 43:04.640] But anyway, besides that, I was wondering, I have another fellow in Philadelphia that
[43:04.640 --> 43:09.120] he also is willing to come in on the RICO suit.
[43:09.120 --> 43:15.280] And he has a America's Wholesale lender as the original lender who cannot assign a mortgage
[43:15.280 --> 43:16.880] because they never existed.
[43:16.880 --> 43:17.880] Right.
[43:17.880 --> 43:24.200] And I was wondering, this Chris in Pennsylvania, do you think he would like to join in?
[43:24.200 --> 43:27.600] Oh, Chris, he may be listening.
[43:27.600 --> 43:32.160] If he's not, I will send him an email.
[43:32.160 --> 43:38.160] But I do have some reservations that I'll get to when I come back on the other side
[43:38.160 --> 43:47.280] about joining extra parties because in class actions, the other side breaks apart the class
[43:47.280 --> 43:49.520] and screws up the class action.
[43:49.520 --> 43:56.640] Hang on, Randy Kelton, Rue of La Radio, I'll call it number 512-646-1984, we'll be right
[43:56.640 --> 43:59.640] back.
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[46:19.400 --> 46:27.920] We are back, Randy Kelton with Rule of Law Radio and we're talking to Leslie in Pennsylvania.
[46:27.920 --> 46:32.560] I had time to think about this over the break.
[46:32.560 --> 46:40.640] Class actions in a class action suit, the defendants are notorious for going in and
[46:40.640 --> 46:43.600] breaking apart the class.
[46:43.600 --> 46:51.840] If they can get some of the class to separate, then they cause the class action to fall apart.
[46:51.840 --> 47:00.920] However, with Rico, this is a whole different animal and I don't know enough about a Rico
[47:00.920 --> 47:06.160] to know how multiple litigants would affect the Rico suit.
[47:06.160 --> 47:12.720] I wouldn't think that it would have any effect if one of the litigants backed out of a Rico
[47:12.720 --> 47:13.720] suit.
[47:13.720 --> 47:14.720] I wouldn't think it would affect it at all.
[47:14.720 --> 47:18.520] Do you have any idea about that?
[47:18.520 --> 47:22.520] No, I don't.
[47:22.520 --> 47:25.800] That was one thing that I was concerned about too.
[47:25.800 --> 47:30.240] The other thing that I was thinking that if we filed everything separately, both filed
[47:30.240 --> 47:42.640] the identical claims in different district courts, then let MERS move for a jointer.
[47:42.640 --> 47:50.040] Then there's no way to break them apart, no way to interfere one with the other.
[47:50.040 --> 47:51.040] Exactly.
[47:51.040 --> 47:57.680] Not only that, but when you do it that way, when you let them join it, then the court
[47:57.680 --> 48:05.800] can see how many people they really damaged if these are different ones coming forward.
[48:05.800 --> 48:10.760] I would think that would have more effect if you can get people all over the state of Pennsylvania
[48:10.760 --> 48:17.560] filing essentially the same suit except adjusted to their particular details.
[48:17.560 --> 48:18.560] Right.
[48:18.560 --> 48:28.360] Then you've got district attorneys from counties all over Pennsylvania potentially involved
[48:28.360 --> 48:30.440] because of the criminal accusations.
[48:30.440 --> 48:31.440] Right.
[48:31.440 --> 48:40.360] You hit enough DAs and you're likely to hit one that sees a political advantage in hammering
[48:40.360 --> 48:41.360] MERS.
[48:41.360 --> 48:42.360] Yeah.
[48:42.360 --> 48:45.360] It only takes one.
[48:45.360 --> 48:46.360] Yeah.
[48:46.360 --> 48:52.560] Would there be any advantage to bring in a lawyer in on that because they do get paid
[48:52.560 --> 48:53.560] for it?
[48:53.560 --> 49:00.840] I think you have to have a lawyer on a RICO.
[49:00.840 --> 49:03.960] I don't think you can do a pro se RICO.
[49:03.960 --> 49:06.480] I heard something on that recently.
[49:06.480 --> 49:12.840] I don't have anything definitive, but I would sure check on that.
[49:12.840 --> 49:16.760] I didn't see anything in the law itself.
[49:16.760 --> 49:26.240] Well, in the case of a RICO, standing kind of gets muddled.
[49:26.240 --> 49:30.400] While you have civil standing, you don't have criminal stand.
[49:30.400 --> 49:31.400] Oh, wait a minute.
[49:31.400 --> 49:34.400] You're in Pennsylvania.
[49:34.400 --> 49:42.800] For those of you who don't know why Leslie's chuckling there, it's because Pennsylvania
[49:42.800 --> 49:47.600] is different than every other state I've been to.
[49:47.600 --> 49:54.360] Pennsylvania is still commonwealth, grew out of the common law.
[49:54.360 --> 50:00.600] And even today, if you're in Australia or England, you can bring what they call a criminal
[50:00.600 --> 50:02.960] appearance notice.
[50:02.960 --> 50:05.800] You don't actually file a complaint.
[50:05.800 --> 50:13.600] You file a summons and you file a summons in your capacity as a common law public official.
[50:13.600 --> 50:21.040] So you don't have common law public officials in Pennsylvania, but it's similar.
[50:21.040 --> 50:28.280] The prosecuting attorney in Pennsylvania has first blush discretion when it comes to a
[50:28.280 --> 50:30.880] criminal prosecution.
[50:30.880 --> 50:36.360] Unlike the other states, certainly unlike Texas.
[50:36.360 --> 50:43.800] Now in the real world, they're exercising prosecutorial discretion, but in the code,
[50:43.800 --> 50:46.040] there is none.
[50:46.040 --> 50:53.940] There's a specific procedure it must go through, but with that procedure in place, the prosecuting
[50:53.940 --> 51:02.600] attorney is given exclusive prosecutorial standing.
[51:02.600 --> 51:10.760] While I have a duty to report crime, once I report crime, I have no standing to raise
[51:10.760 --> 51:18.080] an issue as to what's done in the process of the prosecution of the crime.
[51:18.080 --> 51:20.760] Pennsylvania is different.
[51:20.760 --> 51:24.360] In Pennsylvania, you file your complaint with the prosecuting attorney.
[51:24.360 --> 51:30.200] You can't file over the grand jury in Pennsylvania because grand juries are pretty well bound
[51:30.200 --> 51:31.700] to a district judge.
[51:31.700 --> 51:37.480] He can impound the grand jury whenever he wants to, and only he can bring complaints
[51:37.480 --> 51:42.480] to the grand jury or possibly the prosecutor, but it's all through the district judge.
[51:42.480 --> 51:44.480] He controls that.
[51:44.480 --> 51:51.200] So you don't have that kind of access, or you lose one thing, you gain something else.
[51:51.200 --> 51:55.240] In Pennsylvania, you have standing.
[51:55.240 --> 51:59.320] So if you go to the district attorney and you file a criminal complaint and the prosecutor
[51:59.320 --> 52:06.440] refuses to prosecute, then you can file an appeal to the court of common pleas.
[52:06.440 --> 52:12.520] And if that judge refuses to prosecute, then you can appeal that all the way up to the
[52:12.520 --> 52:17.400] Supreme, and that's a big deal.
[52:17.400 --> 52:30.360] So my issue about the muddled standing is pretty well cleared up in a state RICO, but
[52:30.360 --> 52:43.880] a federal RICO is essentially going to ultimately involve the U.S. attorney, through the attorney
[52:43.880 --> 52:46.320] general.
[52:46.320 --> 53:00.640] So I'm not sure how that would affect multiple parties, and not even your standing once you
[53:00.640 --> 53:01.640] get into the case.
[53:01.640 --> 53:08.040] And that's primarily why I was saying this may require a lawyer, and it seems I remember
[53:08.040 --> 53:09.640] something about that.
[53:09.640 --> 53:14.080] So I would certainly check.
[53:14.080 --> 53:21.120] And a RICO is a lot more complex suit to file and to prosecute.
[53:21.120 --> 53:29.440] So it may be that when they filed the RICO suit, when the legislature implemented a RICO
[53:29.440 --> 53:40.360] action, because it's not so much a complaint that they did something to me and I'm litigating
[53:40.360 --> 53:43.120] my issue.
[53:43.120 --> 53:49.520] That's not what a RICO is, a RICO is more like a private attorney general suit.
[53:49.520 --> 53:54.720] You're saying they harmed me and they harmed a whole bunch of other people.
[53:54.720 --> 54:04.880] So when you file the RICO, the result of the prosecution of the case affects not only you,
[54:04.880 --> 54:07.400] but a whole lot of other people.
[54:07.400 --> 54:11.760] So if you go in there as a pro se and you screw the whole thing up, technically you're
[54:11.760 --> 54:14.760] denying a lot of other people their remedy at the same time.
[54:14.760 --> 54:16.360] Does that make sense, Leslie?
[54:16.360 --> 54:17.360] Oh yeah.
[54:17.360 --> 54:23.040] That's why I was thinking it might be better to file them all separately.
[54:23.040 --> 54:29.880] I think that would definitely be better because the other side is absolutely going to file
[54:29.880 --> 54:34.840] a joiner and join all these together.
[54:34.840 --> 54:35.840] Absolutely.
[54:35.840 --> 54:39.760] Because they're all different banks.
[54:39.760 --> 54:40.760] You know what I mean?
[54:40.760 --> 54:43.160] Each one of us has different banks.
[54:43.160 --> 54:53.600] We have one attorney in common in one case, but yeah, that would work.
[54:53.600 --> 55:02.940] The thing that may be helpful is if you get separate people filing, you create the opposite
[55:02.940 --> 55:07.640] problem to what a class action has.
[55:07.640 --> 55:14.440] The class action, the filers have the problem with all of these different personalities
[55:14.440 --> 55:19.480] and the lawyer has to kind of keep all of these personalities in line with multiple
[55:19.480 --> 55:25.440] RICO's against multiple parties.
[55:25.440 --> 55:30.200] If they do a joiner, then you have all of these different defendants that all have their
[55:30.200 --> 55:32.200] own agendas.
[55:32.200 --> 55:40.440] It'd be hard to keep them all on the same page because what if they get one of these
[55:40.440 --> 55:48.200] guys to say, if you won't prosecute me, I'll throw everybody else under the bus.
[55:48.200 --> 55:49.200] Exactly.
[55:49.200 --> 56:01.560] So yeah, I would think filing separate would be a great idea because it engages more parties
[56:01.560 --> 56:11.960] and if MERS is the hinge, linchpin to all of them, then MERS would be in a position
[56:11.960 --> 56:15.640] to move for joiner.
[56:15.640 --> 56:23.680] And by joining all the cases together, on the one hand, they can get one lawyer handling
[56:23.680 --> 56:28.640] the whole thing and get resources from all of these other litigants.
[56:28.640 --> 56:34.280] But on the other, they run the possibility of one of the litigants storing everybody
[56:34.280 --> 56:42.760] else under the bus and it'd probably be the little guy.
[56:42.760 --> 56:48.720] Big fish eat little fish, that's the way it works and the little fish is always going
[56:48.720 --> 56:55.600] to be afraid that the big fish are throwing him under the bus.
[56:55.600 --> 56:58.760] You could have way too much fun with this, Ms. Leslie.
[56:58.760 --> 56:59.760] Oh, I know.
[56:59.760 --> 57:03.120] I'm way ahead of you on that one.
[57:03.120 --> 57:08.640] So I'll just make everything up as a single one and just send everybody copies so they
[57:08.640 --> 57:10.800] can use it for a copy for a...
[57:10.800 --> 57:11.800] Exactly.
[57:11.800 --> 57:18.840] Then they hone their plagiaristic skills and just go in and change the facts as it relates
[57:18.840 --> 57:20.400] to them.
[57:20.400 --> 57:27.680] And that would be better because the more times the court reads these accusations, the
[57:27.680 --> 57:32.320] more it begins to gel in their brains.
[57:32.320 --> 57:36.320] So if they try to do a joiner, the judge is going to have to read all of these complaints
[57:36.320 --> 57:42.920] and if he sees this, he reads the same thing over and over, it begins...
[57:42.920 --> 57:47.120] Things like this begin to take on a life of their own.
[57:47.120 --> 57:56.120] As he makes mental connections from one case to the next, he kind of solidifies your story
[57:56.120 --> 58:04.600] line in his mind and the bank's going to have a lot harder time plying it out of there.
[58:04.600 --> 58:05.600] Right.
[58:05.600 --> 58:06.600] Okay.
[58:06.600 --> 58:08.600] Hey, do you have more for us, Leslie?
[58:08.600 --> 58:16.640] Well, I was wondering with that, if it's not joined at all, they have like three different
[58:16.640 --> 58:19.560] courts that's going to make a decision on this.
[58:19.560 --> 58:23.400] You've got a lot better chance of getting one in your favor.
[58:23.400 --> 58:27.840] Hang on, Randy Kelton, we'll go to our radio.
[58:27.840 --> 58:32.080] We're going there top of the hour break, so we're going to have time for you to go to
[58:32.080 --> 58:36.480] logosradionetwork.com and visit our sponsors.
[58:36.480 --> 58:42.640] If they have something you can use, patronize our sponsors, help keep us on the air.
[58:42.640 --> 58:50.440] We'll be right back.
[58:50.440 --> 58:54.600] Would you like to make more definite progress in your walk with God?
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[01:00:03.480 --> 01:00:08.160] This is the Liberty Beat, your daily source for Liberty News and activist uptakes, online
[01:00:08.160 --> 01:00:09.160] at thelibertybeat.com.
[01:00:09.160 --> 01:00:14.600] I'm Brian Hagan with your Liberty Beat for Friday, March 10th, 2015.
[01:00:14.600 --> 01:00:23.640] Gold is trading at $1,195, silver at $16.19 and bitcoin is trading around $239.73.
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[01:00:40.240 --> 01:00:46.280] In the news, activists across the southwestern United States are organizing counter exercises
[01:00:46.280 --> 01:00:51.000] to the U.S. military's planned Jade Helm exercise, scheduled to take place between
[01:00:51.000 --> 01:00:54.000] July 15th to September 15th.
[01:00:54.000 --> 01:00:59.680] A Facebook page entitled Counter Jade Helm Exercises is calling upon patriots to hold
[01:00:59.680 --> 01:01:04.520] counter surveillance exercises to learn what the military will be practicing.
[01:01:04.520 --> 01:01:09.920] Jade Helm is an eight-week joint military exercise testing unconventional warfare in
[01:01:09.920 --> 01:01:19.960] the states of Texas, New Mexico, Arizona, California, Nevada, Utah and Colorado.
[01:01:19.960 --> 01:01:24.280] According to documents released for an open records request, at least one officer was
[01:01:24.280 --> 01:01:30.280] using Facebook to monitor a Texas man who was not specifically under investigation for a
[01:01:30.280 --> 01:01:31.280] crime.
[01:01:31.280 --> 01:01:35.880] Muck Rock reports that Officer Evan Ratcliffe, with the Round Rock Police Department, was
[01:01:35.880 --> 01:01:40.760] monitoring a man from the town of Garland, Texas, more than three hours away.
[01:01:40.760 --> 01:01:45.280] In one email, Officer Ratcliffe states, quote, I found this on one of the guys I monitor
[01:01:45.280 --> 01:01:50.240] on Facebook, end quote, and then posted the link to the man's Facebook account.
[01:01:50.240 --> 01:01:56.080] The documents do not reveal when or how the man came to be under surveillance, but a spokesperson
[01:01:56.080 --> 01:02:00.960] for Round Rock Police Department said the man was known for criminal activity and, quote,
[01:02:00.960 --> 01:02:05.600] actively posted pictures of firearms and other illegal items, end quote.
[01:02:05.600 --> 01:02:10.920] Muck Rock says the department lacks a policy on social media monitoring, which is concerning
[01:02:10.920 --> 01:02:13.160] for privacy advocates.
[01:02:13.160 --> 01:02:19.280] The Liberty Beat is sponsored by Central Texas Gunworks, your online source for firearms,
[01:02:19.280 --> 01:02:21.800] firearm accessories and ammunition.
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[01:02:49.400 --> 01:02:50.400] company section.
[01:02:50.400 --> 01:02:54.720] This is the Liberty Beat for Friday, April 10th, 2015.
[01:02:54.720 --> 01:03:05.560] Check out the website at thelibertybeat.com.
[01:03:05.560 --> 01:03:15.760] It's all according to the will of the Almighty, I read his book and he says he cares not for
[01:03:15.760 --> 01:03:16.760] the unkind.
[01:03:16.760 --> 01:03:17.760] Okay.
[01:03:17.760 --> 01:03:18.760] We are back.
[01:03:18.760 --> 01:03:19.760] Randy Kelton, you radio.
[01:03:19.760 --> 01:03:22.760] We're talking to Leslie in Pennsylvania.
[01:03:22.760 --> 01:03:23.760] Okay.
[01:03:23.760 --> 01:03:24.760] You had one more thing.
[01:03:24.760 --> 01:03:25.760] Leslie, hold on.
[01:03:25.760 --> 01:03:30.760] You're kind of busy on the breaks sometimes.
[01:03:30.760 --> 01:03:31.760] Okay.
[01:03:31.760 --> 01:03:36.960] Now, I have a friend in Texas that wants to do this in Texas, so it would be better for
[01:03:36.960 --> 01:03:44.240] her to also do it the same way or should she try and get an attorney?
[01:03:44.240 --> 01:03:51.760] I think your documentation is so well done.
[01:03:51.760 --> 01:04:01.760] If there is a requirement for an attorney, then when you file it, they will tell you.
[01:04:01.760 --> 01:04:11.000] I think it would be a better method to file it without an attorney because then if you
[01:04:11.000 --> 01:04:19.520] bring in an attorney later, he has plausible deniability for everything that's there.
[01:04:19.520 --> 01:04:25.200] He can go before the court instead of saying, your honor, this is the situation, this is
[01:04:25.200 --> 01:04:28.120] the claim, blah, blah, blah.
[01:04:28.120 --> 01:04:36.080] Now he goes before the court and says, your honor, my client instructs that or my client
[01:04:36.080 --> 01:04:40.800] says this is the claim, this is the issue.
[01:04:40.800 --> 01:04:44.880] That's code for, give me a break here, judge.
[01:04:44.880 --> 01:04:48.240] My client said I had to do this.
[01:04:48.240 --> 01:04:50.080] He's got plausible deniability.
[01:04:50.080 --> 01:04:51.080] Right.
[01:04:51.080 --> 01:04:58.440] Now he can go in and do his job and this is part of the politics we talk about so much.
[01:04:58.440 --> 01:05:03.600] If you want your lawyer to go in there and actively adjudicate your issues, you have
[01:05:03.600 --> 01:05:08.040] to give him plausible deniability first and that would be a good way to do it.
[01:05:08.040 --> 01:05:14.920] You file everything pro se and then the lawyer inherits it, he doesn't have to take responsibility
[01:05:14.920 --> 01:05:15.920] for it.
[01:05:15.920 --> 01:05:16.920] Okay.
[01:05:16.920 --> 01:05:22.800] And then he gets to argue the issue with relative impunity.
[01:05:22.800 --> 01:05:33.280] So yeah, I think everybody file separate and if you have, okay, hold on, we need to back
[01:05:33.280 --> 01:05:35.280] up here.
[01:05:35.280 --> 01:05:41.000] Leslie, we can get people from every state to do this.
[01:05:41.000 --> 01:05:43.520] Yes, I have.
[01:05:43.520 --> 01:05:52.240] I need to make, with your permission, your RICO suit available on one of my websites.
[01:05:52.240 --> 01:05:53.240] That's fine.
[01:05:53.240 --> 01:06:04.040] And then we will ask people to join, to also file the RICO's and we have other good researchers
[01:06:04.040 --> 01:06:06.720] out there who can help add to this.
[01:06:06.720 --> 01:06:07.720] Go ahead.
[01:06:07.720 --> 01:06:11.920] Would you like a pleading that's just the RICO suit by itself without any of the other
[01:06:11.920 --> 01:06:12.920] stuff?
[01:06:12.920 --> 01:06:20.920] Yes, I absolutely would and I'll send everybody a link to that that you sent me, which was
[01:06:20.920 --> 01:06:21.920] excellent.
[01:06:21.920 --> 01:06:25.160] It's 500 pages, but it was excellent.
[01:06:25.160 --> 01:06:32.080] The Prosecutor's Guide to RICO, just crammed full of case law.
[01:06:32.080 --> 01:06:40.920] It tells you precisely how to file depending on what the issue is.
[01:06:40.920 --> 01:06:42.840] It's a great, great guideline.
[01:06:42.840 --> 01:06:49.880] While it's 500 pages, that's a little deceptive because 90% of it you're not going to care
[01:06:49.880 --> 01:06:54.160] about because it's going to be issues that you're not addressing.
[01:06:54.160 --> 01:06:59.800] But those issues that are basic to RICO, this will absolutely help everybody get them correct
[01:06:59.800 --> 01:07:04.400] and we have good researchers all over the country.
[01:07:04.400 --> 01:07:15.040] If we can get the researcher in California, Arizona, Nevada, New Mexico, Texas, Colorado,
[01:07:15.040 --> 01:07:23.640] a few of these larger states, Illinois, then we have absolutely sufficient.
[01:07:23.640 --> 01:07:29.120] This should really begin to bring some political pressure.
[01:07:29.120 --> 01:07:37.720] Keep in mind, tobacco companies were sued three times by the federal government and
[01:07:37.720 --> 01:07:40.960] they won every time.
[01:07:40.960 --> 01:07:46.680] And then the government got smart and filed a RICO action against them.
[01:07:46.680 --> 01:07:54.360] Now all the heads of tobacco companies started hopping and jumping because now they're looking
[01:07:54.360 --> 01:07:57.200] at going to prison.
[01:07:57.200 --> 01:08:02.920] When you've got a hundred billion dollars and you have to give up 11 of it, it costs
[01:08:02.920 --> 01:08:05.400] to do business.
[01:08:05.400 --> 01:08:13.560] But when you can't spend that 89 million that's left because you're sitting in a jail cell,
[01:08:13.560 --> 01:08:15.440] that's a whole other animal.
[01:08:15.440 --> 01:08:19.560] That's when they come to the table.
[01:08:19.560 --> 01:08:29.080] I think that would be a great thing if we can get a few other researchers on board because
[01:08:29.080 --> 01:08:35.680] every time I think I got it all worked out, I talked to another researcher and he just
[01:08:35.680 --> 01:08:37.640] rips me to pieces.
[01:08:37.640 --> 01:08:42.520] Look at all this goodies that you missed.
[01:08:42.520 --> 01:08:51.880] That's why I read things over 60 times and keep tweaking and tweaking and tweaking.
[01:08:51.880 --> 01:08:58.880] And you will miss the same thing every single time and somebody else read it and they'll
[01:08:58.880 --> 01:08:59.880] catch it instantly.
[01:08:59.880 --> 01:09:00.880] It is so annoying.
[01:09:00.880 --> 01:09:01.880] Yes.
[01:09:01.880 --> 01:09:11.880] But if we could get a number of people on this, your work is impeccable.
[01:09:11.880 --> 01:09:18.000] And your work will be an absolute wonderful foundation.
[01:09:18.000 --> 01:09:24.400] So that people will come in with very well structured pleadings.
[01:09:24.400 --> 01:09:29.400] Generally good pro-says do better pleadings than lawyers do.
[01:09:29.400 --> 01:09:35.560] Now we have some pro-says who don't do their homework that file trash.
[01:09:35.560 --> 01:09:40.720] And I maintain that the courts hate pro-say litigants.
[01:09:40.720 --> 01:09:43.680] They don't hate pro-say litigants because they file stupid pleadings.
[01:09:43.680 --> 01:09:44.680] They like that part.
[01:09:44.680 --> 01:09:47.480] It makes it easier to screw them around.
[01:09:47.480 --> 01:09:51.480] They hate pro-say litigants because every once in a while they come across someone like
[01:09:51.480 --> 01:10:02.280] Ms. Leslie, the pro-say from hell, the pro-say that's got time to do really good work and
[01:10:02.280 --> 01:10:08.680] is highly focused on one issue and not doing 20 cases at the same time.
[01:10:08.680 --> 01:10:17.600] You have a tremendous advantage over these guys and they really hate that.
[01:10:17.600 --> 01:10:25.480] So if we can multiply this by 10 or 20, very good chance these guys are going to come to
[01:10:25.480 --> 01:10:32.160] the table and scream uncle or at least one of the litigants is going to be willing to
[01:10:32.160 --> 01:10:41.760] throw the rest of them under the bus.
[01:10:41.760 --> 01:10:51.880] So I will put a link to your documents on the RUBA Radio site or I'll get Deb to do
[01:10:51.880 --> 01:10:52.880] that.
[01:10:52.880 --> 01:10:54.360] She don't let me play with that one.
[01:10:54.360 --> 01:11:01.120] I can put it on jurisimprudence.com right away.
[01:11:01.120 --> 01:11:08.040] I'll put a link to it on there and then I'll get Deb to set a link to it on the RUBA Radio
[01:11:08.040 --> 01:11:10.140] site.
[01:11:10.140 --> 01:11:18.160] So anybody interested in looking into joining in a RICO action against the banks will have
[01:11:18.160 --> 01:11:20.960] a place to go to get a good start.
[01:11:20.960 --> 01:11:21.960] Good.
[01:11:21.960 --> 01:11:25.640] Does that work for you Ms. Leslie?
[01:11:25.640 --> 01:11:31.320] That works for me but did you want me to turn down and make this just the RICO suit instead
[01:11:31.320 --> 01:11:36.640] of all of the other truth and lending act in Pennsylvania's books?
[01:11:36.640 --> 01:11:38.760] No.
[01:11:38.760 --> 01:11:47.080] It might make it easier for people if you keep all the arguments in there but take out
[01:11:47.080 --> 01:11:54.280] your personal information and I'm sure that you don't mind leaving your personal information
[01:11:54.280 --> 01:11:57.520] in there but that's not the reason.
[01:11:57.520 --> 01:12:04.080] By taking out your personal information when they read it, they'll have to read it specifically
[01:12:04.080 --> 01:12:11.000] from their perspective, from their position and it will help them better formulate the
[01:12:11.000 --> 01:12:15.560] output document because they can see what doesn't apply to them, what does apply to
[01:12:15.560 --> 01:12:19.760] them and they'll have examples of all of the claims.
[01:12:19.760 --> 01:12:28.960] Since this is RICO, all of these other claims should go to the RICO or you use your judgment
[01:12:28.960 --> 01:12:36.000] in what you think best applies to the RICO and what claims you think would be distracting
[01:12:36.000 --> 01:12:39.360] or misleading.
[01:12:39.360 --> 01:12:45.080] Something we don't want to put anything in there that the other side can pry out and
[01:12:45.080 --> 01:12:49.580] use that to discredit the rest of the RICO.
[01:12:49.580 --> 01:12:59.320] So I will trust your judgment far more than mine on that because in this case I'm the
[01:12:59.320 --> 01:13:03.400] student and you're the master.
[01:13:03.400 --> 01:13:09.240] Well what I'll do is I'll send it to you in your email so that you can post it up there
[01:13:09.240 --> 01:13:12.960] but I'll leave everything in there but I want to give you what I have now because it's a
[01:13:12.960 --> 01:13:14.960] little more sophisticated.
[01:13:14.960 --> 01:13:21.760] Okay and read out your personal information, I'm real uncomfortable about putting that
[01:13:21.760 --> 01:13:28.480] out because we have bad guys looking at us as well as good guys, I don't mind them having
[01:13:28.480 --> 01:13:35.720] my personal information, my contact information but this is what I do and when they come after
[01:13:35.720 --> 01:13:41.040] me I can pretty well handle them, you know I'm grown, my kids are grown, they're out
[01:13:41.040 --> 01:13:46.240] on their own, nobody is depending on me.
[01:13:46.240 --> 01:13:54.400] So I can fight them more freely than a lot so I would prefer not having the personal
[01:13:54.400 --> 01:13:56.400] information in there.
[01:13:56.400 --> 01:14:00.880] Okay I will take care of business.
[01:14:00.880 --> 01:14:02.680] Thank you very much Ms. Leslie.
[01:14:02.680 --> 01:14:03.680] Okay bye-bye.
[01:14:03.680 --> 01:14:04.680] Bye-bye.
[01:14:04.680 --> 01:14:12.120] Okay now we're going to Jimmy and let me go, I have Steve on the line down there, let me
[01:14:12.120 --> 01:14:23.160] bring him up for a moment, Steve Skidmore, he's on his way to Houston, hello Mr. Steve.
[01:14:23.160 --> 01:14:28.120] Hello Mr., maybe he fell asleep.
[01:14:28.120 --> 01:14:35.920] Okay he's not there so he's driving so he may be or he can't maybe out of range or something.
[01:14:35.920 --> 01:14:39.120] Okay we're going to Jimmy in Maryland, hello Jimmy.
[01:14:39.120 --> 01:14:42.080] Hello Randy, how you been doing?
[01:14:42.080 --> 01:14:49.880] I am doing good and bring everybody back up to speed on where we were last night, we had
[01:14:49.880 --> 01:14:52.680] a great conversation last night.
[01:14:52.680 --> 01:15:00.760] You know about my case where I was convicted of driving on suspended license, driving without
[01:15:00.760 --> 01:15:11.040] a license, they had to give a uniform officer driver's license and for the case and I was
[01:15:11.040 --> 01:15:14.880] bargaining with the lawyers at the same time and I really believe that somebody from the
[01:15:14.880 --> 01:15:24.720] corrections board talked to the prosecutor between the time of sentencing when I invoked
[01:15:24.720 --> 01:15:30.280] my right to allocation because when we came back from when I was convicted, he changed
[01:15:30.280 --> 01:15:34.080] his tune, he started agreeing with me that you can't suspend something that does not
[01:15:34.080 --> 01:15:44.520] exist and suspended license was not the right charge, it should have been driving on a license
[01:15:44.520 --> 01:15:51.280] and that's the case that they also have enhancing the penalties for last year I was convicted
[01:15:51.280 --> 01:15:56.280] of driving without a license and that's when they started moving forward to try to get
[01:15:56.280 --> 01:16:01.560] me to do jail time, he filled that, we had three pending cases with me and I continue
[01:16:01.560 --> 01:16:07.960] to get out here and get in the car and drive in the car enough is enough, putting extra
[01:16:07.960 --> 01:16:13.240] penalties on him is not going to do it, he believes me being locked up will stop me from
[01:16:13.240 --> 01:16:16.440] doing what I'm doing.
[01:16:16.440 --> 01:16:26.720] Okay and so they convicted you of driving on a suspended license and then they now they
[01:16:26.720 --> 01:16:37.720] want to assess punishment for driving without a license, is that okay so hang on, we're
[01:16:37.720 --> 01:16:44.040] about to go to break, Randy Kelton, Steve Skidmore was there but we lost him so we may
[01:16:44.040 --> 01:16:50.240] get him back before the break is over, our call in number is 512-646-1984 give us a call,
[01:16:50.240 --> 01:16:54.520] we've got room on the board, we'll have the call lines open all night, we'll be right
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[01:19:23.000 --> 01:19:41.280] Okay, we are back, Brandon Kelton, Rule of Law Radio, here with Jimmy in Maryland, okay
[01:19:41.280 --> 01:19:52.040] Jimmy, last night we were talking about criminal complaints, primarily there at the end, and
[01:19:52.040 --> 01:19:59.560] you know you haven't filed criminal complaints, but I'm thinking filing criminal complaints
[01:19:59.560 --> 01:20:08.400] should be a great idea, and in my experience, I file criminal complaints quick and I file
[01:20:08.400 --> 01:20:18.120] them often, and I find it extremely effective, I just was talking to someone today who's
[01:20:18.120 --> 01:20:24.880] filing some information requests, and public officials in Texas at least are notorious
[01:20:24.880 --> 01:20:29.920] for screwing up information requests, they're just not responding to them when they don't
[01:20:29.920 --> 01:20:38.560] want to, or demanding to know why you want the information, and in this case he's making
[01:20:38.560 --> 01:20:49.680] requests to a school board, and that's a place where he's likely to get questions, because
[01:20:49.680 --> 01:20:56.360] the schools feel more proprietary about their records, because records involve children,
[01:20:56.360 --> 01:21:03.480] and what I told him to do is, when you're requesting those records, if you get any demand
[01:21:03.480 --> 01:21:11.240] that you tell them why you want the records, don't tell them what the law is, absolutely
[01:21:11.240 --> 01:21:15.480] do not give them legal advice, don't tell them what your rights are, just pick up the
[01:21:15.480 --> 01:21:26.400] phone dial 9-1-1, it freaks them out, when you dial 9-1-1 they absolutely have no idea
[01:21:26.400 --> 01:21:37.000] what to do, and point is, when you start filing criminal charges it changes everything really
[01:21:37.000 --> 01:21:46.440] fast, like Ms. Leslie's Rico suit which contains criminal accusations, that gets real serious
[01:21:46.440 --> 01:21:54.240] for the other guy really fast, and if you've read the code and you've obviously done your
[01:21:54.240 --> 01:22:06.480] homework, then every time, especially a prosecutor, a lawyer, a judge, of all people who cannot
[01:22:06.480 --> 01:22:12.600] claim that they were not fully aware that their action was criminal, it's these guys,
[01:22:12.600 --> 01:22:24.520] they're screwed, screws v. US, 1945 case, a sheriff and two deputies drinking in a bar,
[01:22:24.520 --> 01:22:29.560] they're upset at this black guy, they want to go arrest him, the bartender tries to talk
[01:22:29.560 --> 01:22:34.480] them out of it, they won't be dissuaded, they arrest the guy and wind up beaten to death
[01:22:34.480 --> 01:22:42.960] on the courthouse steps, they're sued in the state, prosecuted in the state, sued in the
[01:22:42.960 --> 01:22:49.320] fed, and they complained when they were sued in the fed that they didn't have adequate
[01:22:49.320 --> 01:22:55.720] notice that they could be sued in the fed as well as in the state, and what the court
[01:22:55.720 --> 01:23:05.240] said was, is that while a private citizen cannot claim ignorance as a defense to prosecution,
[01:23:05.240 --> 01:23:09.440] a public official is held to a much higher standard.
[01:23:09.440 --> 01:23:18.640] If the public official violates a ruling of this court and he be sane, he may not be heard
[01:23:18.640 --> 01:23:25.960] to say he knows not what he does, and I took that to heart.
[01:23:25.960 --> 01:23:31.840] You Jimmy, you are the master, they are the servants.
[01:23:31.840 --> 01:23:40.680] You through your other masters have laid down the law for these people, and it's your job
[01:23:40.680 --> 01:23:50.680] to ensure that they follow the law to the letter, the best complaints I ever produced
[01:23:50.680 --> 01:23:57.240] were the tiniest ones, the most minuscule ones.
[01:23:57.240 --> 01:24:07.800] We changed everything about the JPs in Dallas and Tarot counties, and what changed everything
[01:24:07.800 --> 01:24:13.880] was when I went into the court, walked up to the bar and stood there, and the judge
[01:24:13.880 --> 01:24:18.240] looked out at me and said, may I help you?
[01:24:18.240 --> 01:24:20.040] This is while a hearing is going on.
[01:24:20.040 --> 01:24:23.800] I said, yes, your honor, my name is Randall Kelton and I have a hearing deficiency.
[01:24:23.800 --> 01:24:27.040] Well, Mr. Kelton, just what's wrong with your hearing?
[01:24:27.040 --> 01:24:33.320] Oh, judge, I was down in Mexico the other day and I drank too much that cheap tequila
[01:24:33.320 --> 01:24:35.760] and I lost my hearing aid.
[01:24:35.760 --> 01:24:42.520] Well, frankly, I lied to him, but it sounded good.
[01:24:42.520 --> 01:24:45.200] And he said, well, Mr. Kelton, why are you telling me this?
[01:24:45.200 --> 01:24:48.480] I said, do you have accommodation for the hearing impaired?
[01:24:48.480 --> 01:24:51.400] No, Mr. Kelton, I do not.
[01:24:51.400 --> 01:24:54.680] Well, you have a sound system here, will you turn it up?
[01:24:54.680 --> 01:24:56.360] No, Mr. Kelton, I will not.
[01:24:56.360 --> 01:24:57.840] Well, then will you speak up?
[01:24:57.840 --> 01:24:58.840] And he did.
[01:24:58.840 --> 01:25:05.000] He told the baby if I didn't say I'd shut up, he'd throw me out of the courtroom.
[01:25:05.000 --> 01:25:11.080] So when my hearing was over and I was there to help someone stop an eviction, when I got
[01:25:11.080 --> 01:25:16.480] to the bar, I stopped, you know, I was leaving the court and pointed at the baby, you come
[01:25:16.480 --> 01:25:17.480] with me.
[01:25:17.480 --> 01:25:22.840] I get to the door and stop and turn around and these two babies are looking at each other,
[01:25:22.840 --> 01:25:23.840] not knowing what to do.
[01:25:23.840 --> 01:25:26.680] And I said, well, and one of them said, okay.
[01:25:26.680 --> 01:25:27.680] He comes out.
[01:25:27.680 --> 01:25:30.120] He said, what can I do for you, Mr. Kelton?
[01:25:30.120 --> 01:25:31.600] I need you to arrest the judge.
[01:25:31.600 --> 01:25:34.720] Well, why would I arrest a judge?
[01:25:34.720 --> 01:25:39.800] Class A misdemeanor, official misconduct, criminal violation, 39.03 Texas penal code.
[01:25:39.800 --> 01:25:44.040] In that he failed to perform a duty he was required to perform and in the process denied
[01:25:44.040 --> 01:25:48.440] me the full and free access to her enjoyment of right as Class A misdemeanor states Texas.
[01:25:48.440 --> 01:25:53.440] He did committed the act in your sight and in your presence go arrest him.
[01:25:53.440 --> 01:25:55.040] What can I arrest a judge?
[01:25:55.040 --> 01:25:57.720] I said, sure you can.
[01:25:57.720 --> 01:26:03.840] So first he said, well, Mr. Kelton, what right did he deny you?
[01:26:03.840 --> 01:26:11.120] Said, he denied me my right to accommodation under the Americans with Disabilities Act.
[01:26:11.120 --> 01:26:15.080] And he said, well, why didn't you tell the judge about the Americans with Disabilities
[01:26:15.080 --> 01:26:16.080] Act?
[01:26:16.080 --> 01:26:23.960] Well, heck, if I'd have done that, he might've turned the sound up and the baby kind of stepped
[01:26:23.960 --> 01:26:31.720] back and stood there a minute looking confused and this grins crept across his face and he
[01:26:31.720 --> 01:26:34.400] said, well, you set him up.
[01:26:34.400 --> 01:26:36.360] He says, yeah, as a matter of fact, I did.
[01:26:36.360 --> 01:26:37.560] So go in there and arrest him.
[01:26:37.560 --> 01:26:39.560] Man, I can't arrest a judge.
[01:26:39.560 --> 01:26:46.880] A security guard, look at you, six foot six, 350 pounds, big strappling officer, take off
[01:26:46.880 --> 01:26:47.880] your chicken suit.
[01:26:47.880 --> 01:26:52.800] Man, I'm not taking off my chicken suit.
[01:26:52.800 --> 01:26:59.840] I saw him at a political rally two days later, he was there for security and he called the
[01:26:59.840 --> 01:27:03.040] other security guys over and said, you know what this guy said?
[01:27:03.040 --> 01:27:05.640] He come in and set up my judge.
[01:27:05.640 --> 01:27:09.040] Well, I did that on a lark.
[01:27:09.040 --> 01:27:18.560] I was just screwing around, but that had more effect than anything else we have done.
[01:27:18.560 --> 01:27:29.280] You want these guys to think that you're standing there like a vulture, just waiting for them
[01:27:29.280 --> 01:27:36.040] to step across the legal line so you can hammer them, say, go ahead, do something you wrong
[01:27:36.040 --> 01:27:41.360] that you don't even know is wrong and I'm going to ding you good.
[01:27:41.360 --> 01:27:44.240] That's when they want you gone.
[01:27:44.240 --> 01:27:46.060] They don't want you in their court.
[01:27:46.060 --> 01:27:48.640] They want this out of here.
[01:27:48.640 --> 01:27:57.440] I had a woman in Colorado fighting a issue in a federal court and she called me complaining
[01:27:57.440 --> 01:28:02.520] about it and what the judge was doing and I said, well, how many judicial, the judge
[01:28:02.520 --> 01:28:07.240] and the lawyer, I said, how many bar grievances have you filed?
[01:28:07.240 --> 01:28:08.720] She said, well, none.
[01:28:08.720 --> 01:28:11.920] Well, how many judicial conduct complaints have you filed?
[01:28:11.920 --> 01:28:12.920] She said, none.
[01:28:12.920 --> 01:28:13.920] I said, why not?
[01:28:13.920 --> 01:28:15.520] Well, I just didn't think about it.
[01:28:15.520 --> 01:28:17.200] Well, think about it.
[01:28:17.200 --> 01:28:24.080] She calls me back a couple of months later, 15 bar grievances, seven judicial conduct
[01:28:24.080 --> 01:28:25.120] complaints later.
[01:28:25.120 --> 01:28:33.720] She goes to court and the judge tells them, I'm leaving the courtroom.
[01:28:33.720 --> 01:28:35.960] This is your courtroom all afternoon.
[01:28:35.960 --> 01:28:36.960] You can have it.
[01:28:36.960 --> 01:28:40.120] And he turned to the lawyer on the other side.
[01:28:40.120 --> 01:28:48.720] But when I come back tomorrow, you will have made the Ms. Debra a deal that she cannot
[01:28:48.720 --> 01:28:50.120] pass up.
[01:28:50.120 --> 01:28:54.640] I do not want to see her in my courtroom again.
[01:28:54.640 --> 01:29:02.880] Do I make myself clear and the lawyer, yes, sir, yes, sir.
[01:29:02.880 --> 01:29:06.440] In the end, it's all politics.
[01:29:06.440 --> 01:29:14.000] Every judge aspires to step up to the next higher level.
[01:29:14.000 --> 01:29:18.080] Judicial conduct complaints, it doesn't matter what's in them.
[01:29:18.080 --> 01:29:19.920] It's a mark.
[01:29:19.920 --> 01:29:24.520] It puts a dark mark on his record when they're looking for someone for the court of appeal
[01:29:24.520 --> 01:29:29.280] and they got this guy with five judicial conduct complaints and this guy with none.
[01:29:29.280 --> 01:29:35.640] The guy with five is a political liability in its history, even if they're all from the
[01:29:35.640 --> 01:29:36.640] same person.
[01:29:36.640 --> 01:29:37.640] It's all political.
[01:29:37.640 --> 01:29:38.640] Hang on.
[01:29:38.640 --> 01:29:39.640] Randy Kelton.
[01:29:39.640 --> 01:29:46.720] Steve Skidmore was here, but we lost him again, says, just the rule of law radio, I call it
[01:29:46.720 --> 01:29:47.720] number 512-646-1984.
[01:29:47.720 --> 01:29:48.720] Call lines are open.
[01:29:48.720 --> 01:29:49.720] We'll keep them open all night.
[01:29:49.720 --> 01:29:50.720] They'll give us a call.
[01:29:50.720 --> 01:29:57.720] We'll be right back.
[01:29:57.720 --> 01:30:05.280] What causes hiccups and how can you get rid of them?
[01:30:05.280 --> 01:30:07.080] I'd sure like to know.
[01:30:07.080 --> 01:30:11.080] I'm Dr. Catherine Albrecht and I'll be back in just a moment to share recommended cures
[01:30:11.080 --> 01:30:15.760] for this annoying and embarrassing problem.
[01:30:15.760 --> 01:30:17.360] Privacy is under attack.
[01:30:17.360 --> 01:30:21.760] When you give up data about yourself, you'll never get it back again and once your privacy
[01:30:21.760 --> 01:30:25.720] is gone, you'll find your freedoms will start to vanish, too.
[01:30:25.720 --> 01:30:30.880] So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:30.880 --> 01:30:33.480] Privacy, it's worth hanging on to.
[01:30:33.480 --> 01:30:37.780] This public service announcement is brought to you by StartPage.com, the private search
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[01:30:43.320 --> 01:30:48.200] Hiccups are caused by quick and voluntary contractions of the diaphragm.
[01:30:48.200 --> 01:30:52.280] The diaphragm is the muscle just underneath your rib cage that helps you breathe.
[01:30:52.280 --> 01:30:53.560] Hiccups usually go away by themselves.
[01:30:53.560 --> 01:30:58.320] It just takes time, but if you can't wait, try one of these time-tested remedies.
[01:30:58.320 --> 01:31:00.240] Hold your breath for short periods.
[01:31:00.240 --> 01:31:03.520] Take a mouthful of water and swallow it upside down.
[01:31:03.520 --> 01:31:08.720] Breathe in and out of a paper bag or swallow a teaspoon of vinegar or, surprisingly, a teaspoon
[01:31:08.720 --> 01:31:09.720] of sugar.
[01:31:09.720 --> 01:31:13.440] Hiccups that won't go away could signal a serious medical condition.
[01:31:13.440 --> 01:31:17.120] If they last for more than 48 hours, you've experienced other symptoms, it's time to
[01:31:17.120 --> 01:31:18.120] see a doctor.
[01:31:18.120 --> 01:31:19.800] I'm Dr. Catherine Albrecht.
[01:31:19.800 --> 01:31:30.800] More news and information at CatherineAlbrecht.com.
[01:31:30.800 --> 01:31:36.160] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.160 --> 01:31:38.280] The government says that fire brought it down.
[01:31:38.280 --> 01:31:43.240] Over 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.240 --> 01:31:46.040] Over 6,000 of my fellow service members have given their lives.
[01:31:46.040 --> 01:31:48.680] Thousands of my fellow first responders are dying.
[01:31:48.680 --> 01:31:50.160] I'm not a conspiracy theorist.
[01:31:50.160 --> 01:31:51.160] I'm a structural engineer.
[01:31:51.160 --> 01:31:52.520] I'm a New York City correction office.
[01:31:52.520 --> 01:31:53.520] I'm an Air Force pilot.
[01:31:53.520 --> 01:31:55.120] I'm a father who lost his son.
[01:31:55.120 --> 01:31:57.800] We're Americans, and we deserve the truth.
[01:31:57.800 --> 01:32:01.400] Go to RememberBuilding7.org today.
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[01:33:26.920 --> 01:33:32.280] Okay, Randy Kelton.
[01:33:32.280 --> 01:33:33.280] We're back.
[01:33:33.280 --> 01:33:34.280] Randy Kelton.
[01:33:34.280 --> 01:33:35.280] Google our radio.
[01:33:35.280 --> 01:33:38.920] And we're talking to Jimmy in Maryland.
[01:33:38.920 --> 01:33:41.120] Okay.
[01:33:41.120 --> 01:33:44.120] Have you read your penal code?
[01:33:44.120 --> 01:33:48.280] Maryland doesn't have a penal code.
[01:33:48.280 --> 01:33:50.720] Well, you have a...
[01:33:50.720 --> 01:33:58.720] Then you probably have it in the general laws, but there is a penal law section.
[01:33:58.720 --> 01:34:04.080] It's probably the laws and current of the proceedings I believe you're talking about.
[01:34:04.080 --> 01:34:06.120] Probably in there.
[01:34:06.120 --> 01:34:18.880] Wherever the penal laws are codified, you need to get all the penal laws and read them.
[01:34:18.880 --> 01:34:22.560] I'm looking it up.
[01:34:22.560 --> 01:34:27.120] Criminal Law 2010, Maryland Code.
[01:34:27.120 --> 01:34:29.960] Okay, yes.
[01:34:29.960 --> 01:34:33.560] Section 2010 of the Maryland Code is the penal code.
[01:34:33.560 --> 01:34:36.760] It's a criminal law section.
[01:34:36.760 --> 01:34:38.520] Get that and read it.
[01:34:38.520 --> 01:34:41.560] Especially look for the ones...
[01:34:41.560 --> 01:34:42.560] There it is.
[01:34:42.560 --> 01:34:47.360] Crimes Against Public Administration, Title IX.
[01:34:47.360 --> 01:34:53.640] Title IX is, if it's the same as everybody else, yes it is.
[01:34:53.640 --> 01:35:00.600] Perjury, bribery, obstructing justice, harboring escape, false statements.
[01:35:00.600 --> 01:35:05.680] This is the section you want to read two or three times and get it down to memory.
[01:35:05.680 --> 01:35:10.000] These are the crimes public officials can commit.
[01:35:10.000 --> 01:35:14.340] Government, sabotage, criminal gang.
[01:35:14.340 --> 01:35:22.520] What I don't see in there is obstructing, yes I do, Subtitle III under Title IX, obstructing
[01:35:22.520 --> 01:35:26.040] justice.
[01:35:26.040 --> 01:35:27.040] That is almost...
[01:35:27.040 --> 01:35:36.780] No, actually what I was looking for was official misconduct, but read those.
[01:35:36.780 --> 01:35:42.560] These are crimes involving official acts.
[01:35:42.560 --> 01:35:50.680] You're going to find one in there that reflects the Ku Klux Klan Act of 1871.
[01:35:50.680 --> 01:35:56.360] It's been codified into Code is 82 U.S. Code 1983 on the civil side.
[01:35:56.360 --> 01:36:01.680] That's the one that allows you to sue public officials when they act out of scope.
[01:36:01.680 --> 01:36:11.700] On the criminal side, 18 U.S. Code 242, every state is going to have a version of this one.
[01:36:11.700 --> 01:36:20.900] You hear me quote it all the time, except I quote it as 39.03 Texas Penal Code.
[01:36:20.900 --> 01:36:26.960] It reads almost exactly the same in the federal law, Colorado's exactly the same.
[01:36:26.960 --> 01:36:33.280] Most every state, it's almost word for word because the federal government had the government
[01:36:33.280 --> 01:36:39.960] printing office put out a model penal code and they asked all the states to adopt it
[01:36:39.960 --> 01:36:43.000] and all the states did except two.
[01:36:43.000 --> 01:36:48.600] Then the states made adjustments to the model code for that particular state.
[01:36:48.600 --> 01:36:55.680] You'll find that codes are similar across all of the states, and this one is particular.
[01:36:55.680 --> 01:37:03.280] If a public official acting under the color, meaning pretense of his authority, exerts or
[01:37:03.280 --> 01:37:10.120] purports to exert an authority he does not expressly have, or fails to perform a duty
[01:37:10.120 --> 01:37:18.440] he is required to perform, exerts or purports to exert an authority he does not have, malfeasance
[01:37:18.440 --> 01:37:26.720] in office, fails to perform a duty he is required to perform, misfeasance in office, and in
[01:37:26.720 --> 01:37:31.960] the process denies a citizen in the full and free access to or enjoyment of a right, class
[01:37:31.960 --> 01:37:39.760] A misdemeanor in the fed, it's a class A misdemeanor in Texas and every other state that I founded.
[01:37:39.760 --> 01:37:44.760] The only place where I looked and didn't find it was New Mexico.
[01:37:44.760 --> 01:37:47.440] I know it's there somewhere, I just never found it.
[01:37:47.440 --> 01:37:51.040] You're absolutely going to have this in Maryland.
[01:37:51.040 --> 01:37:54.720] That is your catchall.
[01:37:54.720 --> 01:38:04.160] Right says any law they violate, any authority they claim to have when they don't, anything
[01:38:04.160 --> 01:38:09.760] they're required to do and they don't do, and if it denies you the right, specifically
[01:38:09.760 --> 01:38:17.360] the right to due process or any other right, like my district judge, I went to the court
[01:38:17.360 --> 01:38:21.240] for the purpose of challenging the grand jury pool.
[01:38:21.240 --> 01:38:28.000] The judge just impaneled the grand jury without giving me opportunity to challenge, failed
[01:38:28.000 --> 01:38:35.800] to perform a duty he was required to perform that did not go to due process because I wasn't
[01:38:35.800 --> 01:38:42.200] being prosecuted, so due process didn't apply, but he just simply failed to perform a duty
[01:38:42.200 --> 01:38:44.080] he's required to perform.
[01:38:44.080 --> 01:38:51.000] I don't need anything else and denied me and my right to challenge the grand jury pool,
[01:38:51.000 --> 01:38:54.280] which is statutory right.
[01:38:54.280 --> 01:39:01.560] So now he gets to answer to a grand jury from another jurisdiction.
[01:39:01.560 --> 01:39:08.600] So this is what you look for, you'll definitely find it in Maryland code and then watch it,
[01:39:08.600 --> 01:39:14.240] watch them like a hawk and they step outside the code.
[01:39:14.240 --> 01:39:20.000] You know, I've had them say, well, Mr. Kelton, this is such a minor thing.
[01:39:20.000 --> 01:39:21.000] Oh yeah.
[01:39:21.000 --> 01:39:22.000] Kill the messenger.
[01:39:22.000 --> 01:39:27.200] I have had them say to me, you have to be careful with it, you're going to ruin this
[01:39:27.200 --> 01:39:28.200] guy's career.
[01:39:28.200 --> 01:39:29.200] Yeah.
[01:39:29.200 --> 01:39:30.200] Kill the messenger.
[01:39:30.200 --> 01:39:31.200] Blame me.
[01:39:31.200 --> 01:39:32.200] Right.
[01:39:32.200 --> 01:39:33.200] Yes.
[01:39:33.200 --> 01:39:34.200] Yeah.
[01:39:34.200 --> 01:39:37.680] I sent you an email last night about some of the occurrences since I last appeared in
[01:39:37.680 --> 01:39:38.680] court.
[01:39:38.680 --> 01:39:44.240] The one, the judge that convicted me two years ago has a judicious misconduct on her and
[01:39:44.240 --> 01:39:50.440] so they had to pass the, what's it called, the violation of probation to the judge that
[01:39:50.440 --> 01:39:51.440] I'm in trial.
[01:39:51.440 --> 01:39:55.440] I got a notice the other day that it's been passed to her that she can no longer do it.
[01:39:55.440 --> 01:40:02.120] And of course I've been filing some against, I got three attorneys I've filed some bar
[01:40:02.120 --> 01:40:03.120] agreements on.
[01:40:03.120 --> 01:40:08.800] So I don't know what to expect when I go back because all that happened between when I last
[01:40:08.800 --> 01:40:09.800] appeared.
[01:40:09.800 --> 01:40:12.960] Well, did they deny you any rights?
[01:40:12.960 --> 01:40:15.160] Yeah.
[01:40:15.160 --> 01:40:20.560] Did the prosecutor in court say anything that wasn't true?
[01:40:20.560 --> 01:40:21.560] Of course he did.
[01:40:21.560 --> 01:40:26.760] He produced the petitioner's driving record.
[01:40:26.760 --> 01:40:31.640] So in this case, what he said that was untrue, was it material?
[01:40:31.640 --> 01:40:37.400] What do you mean it wasn't material?
[01:40:37.400 --> 01:40:38.400] Material.
[01:40:38.400 --> 01:40:50.120] If the judge believed what he said, then it could amount to causing a conviction.
[01:40:50.120 --> 01:40:52.720] That makes it material.
[01:40:52.720 --> 01:40:54.120] Anything that matters.
[01:40:54.120 --> 01:41:01.120] Now if you ask him how much he weighed and he lied about his weight and the case was
[01:41:01.120 --> 01:41:05.520] not about the attorney's weight, that's not material.
[01:41:05.520 --> 01:41:17.400] And actually it's not even perjury, but if he lies about something that's important to
[01:41:17.400 --> 01:41:23.160] the case, that's a material fact.
[01:41:23.160 --> 01:41:27.040] And that's aggravated perjury because she's under oath.
[01:41:27.040 --> 01:41:28.040] We got that then.
[01:41:28.040 --> 01:41:33.280] I applied for this license, this is something y'all created to fight people with.
[01:41:33.280 --> 01:41:36.000] So charge him with aggravated perjury.
[01:41:36.000 --> 01:41:41.920] Did he file a document that contained a statement that was not true?
[01:41:41.920 --> 01:41:45.960] No, he just pleaded things.
[01:41:45.960 --> 01:41:51.760] He was the one that filed for the violation of probation.
[01:41:51.760 --> 01:41:55.320] So I don't know, maybe I can connect it that way.
[01:41:55.320 --> 01:41:58.560] Did he say anything in there that wasn't true?
[01:41:58.560 --> 01:42:03.560] I'll go back and re-examine.
[01:42:03.560 --> 01:42:06.080] Or that you can construe is untrue.
[01:42:06.080 --> 01:42:15.280] Okay, if there are any lawyers listening, now's the time to plug your ears because you
[01:42:15.280 --> 01:42:18.120] can't hear this part.
[01:42:18.120 --> 01:42:19.560] You're not a lawyer.
[01:42:19.560 --> 01:42:23.880] You're not considered to be learned in counsel.
[01:42:23.880 --> 01:42:34.800] I very much like to file complaints for which I have probable cause, but I have no reason
[01:42:34.800 --> 01:42:39.320] to believe that they could ever get convicted.
[01:42:39.320 --> 01:42:45.080] And I had my chief of police just get all excited about that, how he thought that was
[01:42:45.080 --> 01:42:46.760] unethical.
[01:42:46.760 --> 01:42:49.720] And I said, yeah, maybe he is, but too bad.
[01:42:49.720 --> 01:42:53.440] He said, a prosecutor would never take this.
[01:42:53.440 --> 01:42:59.360] I said, I know, a prosecutor couldn't file a case like this, but I can.
[01:42:59.360 --> 01:43:01.840] Because I'm a pro se, I can do this.
[01:43:01.840 --> 01:43:08.400] The prosecutor has advantages because he's part of the good old boy system.
[01:43:08.400 --> 01:43:11.600] Let's turn that around on him.
[01:43:11.600 --> 01:43:19.960] You start filing criminal charges against him, you really muddy up the waters.
[01:43:19.960 --> 01:43:26.440] Even if there isn't sufficient evidence to get a conviction, it don't matter.
[01:43:26.440 --> 01:43:28.000] Ken's four rules.
[01:43:28.000 --> 01:43:32.720] First rule is everything is political.
[01:43:32.720 --> 01:43:39.040] Second rule, perception is everything.
[01:43:39.040 --> 01:43:43.240] Makes no difference if you file a complaint against him and they consider the complaint
[01:43:43.240 --> 01:43:49.840] to be insufficient or totally invalid.
[01:43:49.840 --> 01:44:05.040] You feel tired when talking about important topics like money and politics, are you confused
[01:44:05.040 --> 01:44:07.680] by words like the constitution or the federal reserve?
[01:44:07.680 --> 01:44:08.680] What?
[01:44:08.680 --> 01:44:12.440] If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:45:59.920 --> 01:46:26.240] Okay, we are back, Randy Kelton, Lulavlaw Radio, and we're talking to Jimmy Ian Merrill.
[01:46:26.240 --> 01:46:35.800] Okay, what I was saying earlier, you know that on the surface doesn't seem right, that
[01:46:35.800 --> 01:46:44.640] you could just on a whim mark a poor mistreated attorney's career.
[01:46:44.640 --> 01:46:48.640] But then the prosecutor doesn't think anything about marking yours.
[01:46:48.640 --> 01:46:49.640] Right.
[01:46:49.640 --> 01:46:57.240] He has no compunction about jeopardizing your liberty, and it's been my experience that
[01:46:57.240 --> 01:47:05.680] for the most part, the prosecutor, he may care about whether or not you are guilty.
[01:47:05.680 --> 01:47:12.840] That may be a concern, but in the prosecutorial process, that is not a consideration.
[01:47:12.840 --> 01:47:20.320] The only consideration is, does he believe he can force you to take a deal?
[01:47:20.320 --> 01:47:22.280] That's it.
[01:47:22.280 --> 01:47:29.720] The reality of the world we live in is that the prosecutor is expected to adjudicate far
[01:47:29.720 --> 01:47:32.720] more cases than he could ever try.
[01:47:32.720 --> 01:47:36.080] He has to do something to clear his docket.
[01:47:36.080 --> 01:47:41.840] And so his primary way of clearing the docket is getting you to take a deal.
[01:47:41.840 --> 01:47:45.240] Everything he does is about you taking a deal.
[01:47:45.240 --> 01:47:48.120] He don't care if you're guilty or innocent in the end.
[01:47:48.120 --> 01:47:50.760] He cares about clearing his docket.
[01:47:50.760 --> 01:47:51.760] Okay.
[01:47:51.760 --> 01:47:56.800] So he don't mind marking you, turnabouts fair play.
[01:47:56.800 --> 01:48:05.720] Every time he trips up and the attorneys are notoriously poor at following the rules, they
[01:48:05.720 --> 01:48:11.160] get accustomed to doing whatever they want to, and nobody ever stings them for it.
[01:48:11.160 --> 01:48:15.280] It becomes habit and they forget how to do it right.
[01:48:15.280 --> 01:48:20.920] So they give you more opportunities to sting them than you can get to.
[01:48:20.920 --> 01:48:28.440] With that said, I suggest you never ever file a frivolous complaint.
[01:48:28.440 --> 01:48:34.200] Never ever file a bar grievance that's not justified.
[01:48:34.200 --> 01:48:35.200] No problem.
[01:48:35.200 --> 01:48:39.400] They give you more than you could ever use.
[01:48:39.400 --> 01:48:43.160] So that is not in any way a limitation.
[01:48:43.160 --> 01:48:49.880] And while they may not like you filing these bar grievances, life is tough.
[01:48:49.880 --> 01:48:54.160] They may not like you filing criminal charges, too bad.
[01:48:54.160 --> 01:48:57.880] I was in court standing outside the bar.
[01:48:57.880 --> 01:49:02.040] My lawyer, they had appointed a lawyer for me in this one.
[01:49:02.040 --> 01:49:06.440] My lawyer and the prosecutor and the judge were all up at the bench talking.
[01:49:06.440 --> 01:49:11.520] My lawyer came back to me and said, the prosecutor said she knows who you are, and if you start
[01:49:11.520 --> 01:49:15.440] filing criminal charges, she's going to charge you with tampering with the government document.
[01:49:15.440 --> 01:49:17.360] Oh, she said that, did she?
[01:49:17.360 --> 01:49:23.520] I reached in my briefcase and pulled out 30 criminal complaints over one arrest.
[01:49:23.520 --> 01:49:29.400] I said, here, get her over here to verify these criminal affidavits in accordance with
[01:49:29.400 --> 01:49:36.320] their duty under Article 2.06, and I pointed at her, you, come here.
[01:49:36.320 --> 01:49:39.080] I said this in front of the judge.
[01:49:39.080 --> 01:49:49.120] So I give my lawyer plausible deniability, but had I filed against my lawyer a bar grievance
[01:49:49.120 --> 01:49:55.940] for not acting on my criminal complaints, it ended his career.
[01:49:55.940 --> 01:50:01.360] They would have canceled his malpractice insurance immediately.
[01:50:01.360 --> 01:50:02.360] He knew it.
[01:50:02.360 --> 01:50:04.820] I knew it.
[01:50:04.820 --> 01:50:09.280] The judge knew that I knew it.
[01:50:09.280 --> 01:50:11.560] That's how I got them to drop the case.
[01:50:11.560 --> 01:50:16.440] They could care less about me, but I got them to drop the case to protect each other.
[01:50:16.440 --> 01:50:23.800] You start hammering the judge and the prosecutor every time they do something improper.
[01:50:23.800 --> 01:50:30.360] The judge, the judge has a duty to determine the facts in accordance to the rules of evidence,
[01:50:30.360 --> 01:50:38.440] by the law, the laws that comes to him to the facts in the case, and he has authority
[01:50:38.440 --> 01:50:40.680] to keep the peace in the courtroom.
[01:50:40.680 --> 01:50:45.320] Anything beyond that, he's out of bounds.
[01:50:45.320 --> 01:50:47.880] The judge give me his personal opinion.
[01:50:47.880 --> 01:50:51.600] I'm not interested in his personal opinion.
[01:50:51.600 --> 01:50:58.040] Joe Esquivel, he does a show, and he was on this show saying how he was testifying in
[01:50:58.040 --> 01:51:04.080] a court, I think in Florida or Colorado somewhere, and the judge said, Mr. Esquivel, I don't
[01:51:04.080 --> 01:51:05.160] like what I'm hearing.
[01:51:05.160 --> 01:51:09.160] You're about five minutes from contempt of court.
[01:51:09.160 --> 01:51:16.000] And I said, did you charge him with witness tampering?
[01:51:16.000 --> 01:51:18.600] I don't care what that judge's opinion is.
[01:51:18.600 --> 01:51:21.880] I don't care what he likes, what he don't like.
[01:51:21.880 --> 01:51:23.840] You got an attitude, Bubba.
[01:51:23.840 --> 01:51:25.680] You take that home to your wife and kids.
[01:51:25.680 --> 01:51:28.560] Why don't you bring it to the master?
[01:51:28.560 --> 01:51:29.880] You're the servant.
[01:51:29.880 --> 01:51:34.320] I'm the master, and I won't tolerate any rude behavior from a judge.
[01:51:34.320 --> 01:51:37.160] You want to have an attitude?
[01:51:37.160 --> 01:51:42.040] I'm the guy who adjusts your attitude for you.
[01:51:42.040 --> 01:51:50.200] Once they realize that you're laying in wait for them, it changes everything, and they
[01:51:50.200 --> 01:51:51.880] want you out of there.
[01:51:51.880 --> 01:51:59.640] So I suggest you start writing criminal complaints and go to jurisimprudence.com.
[01:51:59.640 --> 01:52:02.320] Have you ever been to that site?
[01:52:02.320 --> 01:52:03.320] Jurisimprudence?
[01:52:03.320 --> 01:52:04.320] Yes.
[01:52:04.320 --> 01:52:07.320] Check that out.
[01:52:07.320 --> 01:52:10.840] That's one of my earliest sites.
[01:52:10.840 --> 01:52:18.840] Look at, right on the front, at the top, there's a link to some complaints I filed in Cherokee
[01:52:18.840 --> 01:52:20.880] County.
[01:52:20.880 --> 01:52:28.000] That is a real good way of constructing an affidavit.
[01:52:28.000 --> 01:52:33.840] I have written a lot of criminal complaints and a lot of affidavits, and kind of worked
[01:52:33.840 --> 01:52:38.440] this routine out over time.
[01:52:38.440 --> 01:52:44.200] What I do is I tell the story in the form of a statement of facts.
[01:52:44.200 --> 01:52:52.400] I never ever, in the statement of facts, go to a legal conclusion, other than saying this
[01:52:52.400 --> 01:52:57.800] person did this thing, and he did this thing, and he did this thing.
[01:52:57.800 --> 01:53:04.760] Based on the above, I have reason to believe and do believe that this person committed
[01:53:04.760 --> 01:53:09.520] this act, like I have reason to believe that this person committed the act of official
[01:53:09.520 --> 01:53:17.000] oppression in violation of Texas Penal Code 39.03.
[01:53:17.000 --> 01:53:22.360] Then I keep going down and tell the next thing he did, and the next thing he did, and then
[01:53:22.360 --> 01:53:29.000] once I've written out everything that's happened, that works really well for you to connect
[01:53:29.000 --> 01:53:34.600] the pieces together in a logical way that makes sense.
[01:53:34.600 --> 01:53:43.160] Sometimes I will say that he did this, and based on this, I allege that he committed
[01:53:43.160 --> 01:53:44.640] this crime.
[01:53:44.640 --> 01:53:50.400] Also, I allege that he committed this crime, and this crime, that all of the crimes that
[01:53:50.400 --> 01:53:53.520] are contained in the same thing.
[01:53:53.520 --> 01:54:01.040] The lawyer comes before the court and presents a document with fraudulence or incorrect statements
[01:54:01.040 --> 01:54:04.000] in it.
[01:54:04.000 --> 01:54:07.120] He commits official oppression.
[01:54:07.120 --> 01:54:09.560] He commits tampering with a government document.
[01:54:09.560 --> 01:54:14.080] He commits aggravated perjury all in one step.
[01:54:14.080 --> 01:54:17.360] Based on the same set of facts, I allege each one of these.
[01:54:17.360 --> 01:54:26.680] When I've got all that done, then I take that affidavit, and I go up and capture out a section
[01:54:26.680 --> 01:54:32.400] where I state what he did, and then right under it I have the crimes that I allege he
[01:54:32.400 --> 01:54:34.480] committed when he did that.
[01:54:34.480 --> 01:54:37.400] Take that statement out, put it in a criminal complaint.
[01:54:37.400 --> 01:54:40.640] Take the first charge, drop it at the bottom.
[01:54:40.640 --> 01:54:42.000] That's one complaint.
[01:54:42.000 --> 01:54:46.840] Every criminal complaint has one allegation in it.
[01:54:46.840 --> 01:54:52.160] Never put more than one, because what they'll do is they'll pick the one that's easiest
[01:54:52.160 --> 01:54:58.360] for them to handle and toss it and forget about the rest of it.
[01:54:58.360 --> 01:55:02.640] Now, you've got to go fight with them to bring those other two back.
[01:55:02.640 --> 01:55:05.620] So heck with that, Cora Bola.
[01:55:05.620 --> 01:55:08.680] One accusation for each charge.
[01:55:08.680 --> 01:55:16.040] Now, if the content includes three charges, a separate complaint for each one, and I just
[01:55:16.040 --> 01:55:20.320] cut it out of the statement of facts and drop it in the complaint.
[01:55:20.320 --> 01:55:28.760] So when the prosecutor or a grand jury gets my complaint, the first thing they do is read
[01:55:28.760 --> 01:55:30.640] my statement of facts.
[01:55:30.640 --> 01:55:37.040] At the end, when they pick up the complaints, they read the exact same thing they read in
[01:55:37.040 --> 01:55:45.240] that statement of facts, and what it helps to do is orient them to the overall content
[01:55:45.240 --> 01:55:47.480] of what I was talking about.
[01:55:47.480 --> 01:55:54.880] So they can place themselves back in the context of what I'm talking about and better understand
[01:55:54.880 --> 01:55:59.720] how this amounts to the commission of this crime, and it makes it a whole lot easier
[01:55:59.720 --> 01:56:04.720] for you to build your statement and your complaints.
[01:56:04.720 --> 01:56:05.720] So go look at that.
[01:56:05.720 --> 01:56:09.760] It'll be a good example of how to structure complaints.
[01:56:09.760 --> 01:56:16.160] I have one of these that by the morning I should have up in the form of a PDF, are the
[01:56:16.160 --> 01:56:21.000] complaints that I just filed against Craig Watkins.
[01:56:21.000 --> 01:56:28.280] I did it the same way, one big affidavit, and then a whole stack of complaints to follow
[01:56:28.280 --> 01:56:29.280] it.
[01:56:29.280 --> 01:56:32.040] So anyway, go look at that.
[01:56:32.040 --> 01:56:41.920] That'll give you the idea, and you'll see how I pick them apart on the tiniest details.
[01:56:41.920 --> 01:56:47.600] The tiniest details is what really scares them.
[01:56:47.600 --> 01:56:54.320] If I can be prosecuted over something like this, what happens if I do something really
[01:56:54.320 --> 01:56:55.320] bad?
[01:56:55.320 --> 01:57:02.000] Court of Criminal Appeals, highest court in Texas, 15 judges on the Court of Criminal Appeals.
[01:57:02.000 --> 01:57:05.800] I file a habeas corpus for a kid in Conroe.
[01:57:05.800 --> 01:57:11.320] The clerk says, you don't have a motion for leave to file.
[01:57:11.320 --> 01:57:13.600] I said, screw that.
[01:57:13.600 --> 01:57:17.040] This is a great writ, a writ of right.
[01:57:17.040 --> 01:57:21.480] The court has no power to grant or deny permission.
[01:57:21.480 --> 01:57:25.000] The clerk said, the court will not take it without the motion.
[01:57:25.000 --> 01:57:26.600] So it wasn't my fight.
[01:57:26.600 --> 01:57:31.560] I'm trying to get this kid out of jail, so I filed a motion for leave to file.
[01:57:31.560 --> 01:57:36.240] Filed it, they denied the motion for leave to file, I went straight to the grand jury.
[01:57:36.240 --> 01:57:41.960] Two days after I went to the grand jury, they blocked me.
[01:57:41.960 --> 01:57:46.960] I gave the complaints to the prosecutor and ordered her to give them to the grand jury.
[01:57:46.960 --> 01:57:49.760] Two days later, this kid's out of jail.
[01:57:49.760 --> 01:57:54.800] A year later, the prosecutor used my complaints to try to get all these judges thrown out
[01:57:54.800 --> 01:57:57.120] of office.
[01:57:57.120 --> 01:58:05.600] It was over something so minor, just this little piddling thing, and I got all 15 judges
[01:58:05.600 --> 01:58:10.200] before a grand jury for three months.
[01:58:10.200 --> 01:58:15.480] You never have to file a motion for leave to file a habeas corpus in Texas anymore.
[01:58:15.480 --> 01:58:18.000] They cut that crapola out.
[01:58:18.000 --> 01:58:25.760] Hang on, Randy Kelton, we will, our radio, our caller number, 512-646-1984, James, hang
[01:58:25.760 --> 01:58:26.840] on there.
[01:58:26.840 --> 01:58:27.840] We will get to you.
[01:58:27.840 --> 01:58:35.320] Oh, it's the top of the hour, so we've got time to go to our sponsors and look over what
[01:58:35.320 --> 01:58:39.480] they got, help support this radio station, keep us on the air.
[01:58:39.480 --> 01:58:42.120] Most of it, we pay for it out of our own pockets.
[01:58:42.120 --> 01:58:50.440] Sometimes it gets to be a stretch, so hang in there, we'll be right back.
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