ROL_2015-10-29_16k.timecode

[00:00.000 --> 00:08.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the daily
[00:08.000 --> 00:10.000]  bulletins for the commodities market.
[00:10.000 --> 00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternatives.
[00:23.000 --> 00:29.000]  Markets for the 28th of October 2015 opened up with gold at $1,156.35 an ounce.
[00:29.000 --> 00:31.000]  Silver, $15.75 an ounce.
[00:31.000 --> 00:34.000]  Texas crude, $43.20 a barrel.
[00:34.000 --> 00:43.000]  And Bitcoin is currently sitting at about 300 U.S. currency.
[00:43.000 --> 00:49.000]  Today in history, Wednesday, October 28, 1948, the Provisional Council of the State of Israel
[00:49.000 --> 00:58.000]  voted unanimously to adopt the Zionist flag for the official flag of the State of Israel.
[00:58.000 --> 01:02.000]  In recent news, the results of the National Assessment on Educational Progress, or the
[01:02.000 --> 01:06.000]  NAEP, was released and they suggest that only about a third of the nation's eighth graders
[01:06.000 --> 01:08.000]  were able or above able in math and reading.
[01:08.000 --> 01:11.000]  Among fourth graders, the results were slightly better in reading and math.
[01:11.000 --> 01:14.000]  Only about two in five scored competent or even better.
[01:14.000 --> 01:18.000]  Education Secretary Arne Duncan urged parents, teachers, and others not to panic about the
[01:18.000 --> 01:28.000]  scores as states embrace higher academic standards such as Common Core.
[01:28.000 --> 01:32.000]  The Federal Reserve Bank held off on their planned interest rate increase last month,
[01:32.000 --> 01:37.000]  citing negative global economic factors, financial market volatility, and low inflation.
[01:37.000 --> 01:42.000]  However, 13 of 17 Fed policymakers still project that the privatized central bank will raise
[01:42.000 --> 01:44.000]  its rates before the year is out.
[01:44.000 --> 01:48.000]  New York Fed Chair Janet Yellen and New York Fed Chair William Dudley are a few of the key
[01:48.000 --> 01:53.000]  Fed policymakers who have recently stated that they still expect to lift rates in 2015.
[01:53.000 --> 01:56.000]  Economists, on the other hand, are saying that there's little to no chance the Federal
[01:56.000 --> 02:08.000]  Reserve will hike rates for the first time in almost a decade.
[02:08.000 --> 02:11.000]  The Richland County Sheriff's Office announced that the school resource deputy, Ben Fields,
[02:11.000 --> 02:14.000]  who was captured on cell phone video as he threw a female student across the room at
[02:14.000 --> 02:18.000]  Spring Valley High in South Carolina, has been terminated from his job.
[02:18.000 --> 02:21.000]  Sheriff Leon Lott said that the officer's actions were, quote,
[02:21.000 --> 02:23.000]  not based on training or acceptable.
[02:23.000 --> 02:26.000]  Deputy Fields did not follow proper training or procedure when he threw the student across
[02:26.000 --> 02:27.000]  the room.
[02:27.000 --> 02:31.000]  It's not what I expect from my deputies or what I tolerate from my deputies.
[02:31.000 --> 02:35.000]  We have to put responsibility on her for disrupting the school and disrupting the class.
[02:35.000 --> 02:43.000]  But what she did does not justify what our deputy did.
[02:43.000 --> 02:46.000]  The Lone Star Lowdown is currently looking for sponsors, so if you have a product or
[02:46.000 --> 02:53.000]  service you'd like to advertise with us, feel free to give us a call at 210-363-2257.
[02:53.000 --> 03:08.000]  This has been your Lowdown for October 28, 2015.
[03:23.000 --> 03:45.000]  Thank you.
[03:45.000 --> 04:00.000]  Thank you.
[04:00.000 --> 04:15.000]  Thank you.
[04:15.000 --> 04:30.000]  Thank you.
[04:30.000 --> 04:31.000]  Okay.
[04:31.000 --> 04:32.000]  Hello, everybody.
[04:32.000 --> 04:42.000]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio on this Thursday, the 29th of
[04:42.000 --> 04:51.000]  October, 2015, two days from Halloween, All Hallows Day.
[04:51.000 --> 04:58.000]  And today I wanted to start out talking about rescission.
[04:58.000 --> 05:15.000]  I found Leslie from Pennsylvania brought to my attention an interesting statute, 16 CFR
[05:15.000 --> 05:21.000]  429, specifically 16 CFR 429.1.
[05:21.000 --> 05:30.000]  429 is the definitions and 0.1 is the statute.
[05:30.000 --> 05:40.000]  And what it says is, is that in connection with any door-to-door sale, it constitutes
[05:40.000 --> 05:49.000]  an unfair and deceptive act or practice for any seller to fail to furnish the buyer with
[05:49.000 --> 05:58.000]  a fully completed receipt or copy of any contract pertaining to such sale at the time of its
[05:58.000 --> 06:05.000]  execution, which shows the date of the transaction and contains the name and address of the seller
[06:05.000 --> 06:11.000]  and the immediate proximity to the space reserved in the contract for the signature of the buyer,
[06:11.000 --> 06:19.000]  I mean, backup, and in immediate proximity to the space reserved in the contract for
[06:19.000 --> 06:28.000]  the signature of the buyer or on the front page of the receipt if a contract is not used
[06:28.000 --> 06:37.000]  and in bold type of minimum size of 10 points, a statement in substantially the following
[06:37.000 --> 06:43.000]  form, you the buyer may cancel this transaction at any time prior to midnight of the third
[06:43.000 --> 06:45.000]  business day after the date of this transaction.
[06:45.000 --> 06:52.000]  See attached notice of cancellation form for an example of this to write.
[06:52.000 --> 07:02.000]  It goes on to say that the seller must provide a fully completed rescission form and it must
[07:02.000 --> 07:08.000]  be attached in an easily detachable manner.
[07:08.000 --> 07:20.000]  Now, when we talk about foreclosure, we talk about mortgage issues and rescission.
[07:20.000 --> 07:28.000]  The, this is a separate statute from the rescission stretches because the rescission
[07:28.000 --> 07:33.000]  stretch which are in the Truth in Lending Act, that's 12 CFR.
[07:33.000 --> 07:36.000]  This is 16 CFR.
[07:36.000 --> 07:48.000]  And in the Truth in Lending Act, Regulation Z is 12 CFR 226.
[07:48.000 --> 08:01.000]  In that one, when you rescind, it has specific stipulations that apply to the lender.
[08:01.000 --> 08:08.000]  Once you give a notice of rescission, then rescission is accomplished.
[08:08.000 --> 08:12.000]  rescission is like removal.
[08:12.000 --> 08:15.000]  rescission is something you have the power to do.
[08:15.000 --> 08:24.000]  The lender, once he receives a notice of rescission, must begin in the rescission process
[08:24.000 --> 08:28.000]  or file an objection with the court within 20 days.
[08:28.000 --> 08:36.000]  And in the Truth in Lending Act, it stipulates that if he does not act within 20 days,
[08:36.000 --> 08:41.000]  the borrower may retain the property without further obligation.
[08:41.000 --> 08:46.000]  It's sudden death and debt's over.
[08:46.000 --> 08:51.000]  This one does not have that remedy.
[08:51.000 --> 08:59.000]  What it says is, it constitutes an unfair and deceptive act or practice.
[08:59.000 --> 09:05.000]  This gives you a cause of action, but it doesn't create sudden death.
[09:05.000 --> 09:20.000]  But what is interesting here is if you have a refinance or a home equity loan,
[09:20.000 --> 09:29.000]  then those aren't done in a classic closing at a title company.
[09:29.000 --> 09:35.000]  And where this talks about door-to-door salesmen, this falls under.
[09:35.000 --> 09:42.000]  According to Leslie, there's other place where it says that these kinds of mortgage transactions
[09:42.000 --> 09:47.000]  fall under 16 CFR 429.1.
[09:47.000 --> 09:55.000]  So when you look at the closing documents, they often have the notice of rescission.
[09:55.000 --> 10:02.000]  And I have seen notices of rescission that were in fact a rescission document,
[10:02.000 --> 10:06.000]  where it says you rescind the document.
[10:06.000 --> 10:11.000]  But most of them just give you notice that you have a right to rescind.
[10:11.000 --> 10:16.000]  Never have I seen one attached to the contract.
[10:16.000 --> 10:27.000]  Never have I seen in a contract notice of right to rescind just below the signature.
[10:27.000 --> 10:40.000]  So that would constitute justice not being there would constitute an unfair, deceptive act or practice.
[10:40.000 --> 10:47.000]  Now, since that failure would constitute an unfair, deceptive practice,
[10:47.000 --> 10:57.000]  then that would support a claim that a proper notice had not been given.
[10:57.000 --> 11:02.000]  What we're trying to get to is TILA rescission.
[11:02.000 --> 11:07.000]  We don't want to rescind under this one because this maybe gives you cause of action.
[11:07.000 --> 11:12.000]  We want to get to the TILA rescission because then you got 20 days.
[11:12.000 --> 11:14.000]  And it's been my experience so far.
[11:14.000 --> 11:19.000]  When you file a rescission, the banks will treat it like a qualified written request.
[11:19.000 --> 11:22.000]  This is what they've been doing for years.
[11:22.000 --> 11:25.000]  And Jasinowski changes everything.
[11:25.000 --> 11:36.000]  I have someone in San Diego that we started with his foreclosure issue six years ago.
[11:36.000 --> 11:41.000]  He's in the appeals court now waiting for a decision from the Court of Appeals
[11:41.000 --> 11:47.000]  where we have asked the court to distinguish Jenkins to put it in line with Glasky.
[11:47.000 --> 11:52.000]  We'll go into Jenkins and Glasky, but that's six years he's in court.
[11:52.000 --> 11:58.000]  But about four years ago, he filed a qualified written request.
[11:58.000 --> 12:03.000]  And the very last thing in the qualified written request that I have, that I've put out,
[12:03.000 --> 12:08.000]  and anyone out there listening who has used part of my process
[12:08.000 --> 12:16.000]  and has used my qualified written request, it has a rescission notice, the very last paragraph.
[12:16.000 --> 12:19.000]  So that's a done deal.
[12:19.000 --> 12:25.000]  And the reason I say it's a done deal is they got 20 days.
[12:25.000 --> 12:35.000]  And what our argument is is that if you filed a notice of rescission out of time,
[12:35.000 --> 12:40.000]  and this is a problem I see with the consumer protection laws.
[12:40.000 --> 12:44.000]  The legislature went through this song and dance and sells her down your pants,
[12:44.000 --> 12:53.000]  passing these consumer protection laws to give the public the idea that they were being protected.
[12:53.000 --> 13:00.000]  But on a 30-year commitment, they set a statute of limitation
[13:00.000 --> 13:06.000]  to exercise the remedies included in the consumer protection laws,
[13:06.000 --> 13:11.000]  so short as to make the consumer protection laws almost worthless,
[13:11.000 --> 13:17.000]  the one, two, and three-year statute of limitations.
[13:17.000 --> 13:21.000]  On the rescission, you have three years.
[13:21.000 --> 13:28.000]  So the question becomes, if filed one out of time,
[13:28.000 --> 13:36.000]  does the limitation in the statute act as a bar to filing?
[13:36.000 --> 13:46.000]  Since the lender has 20 days, has been statutorily given the right to raise an objection,
[13:46.000 --> 13:55.000]  and he's been given 20 days to raise that objection, then is the statute of limitations a bar,
[13:55.000 --> 13:59.000]  or is it an affirmative defense?
[13:59.000 --> 14:03.000]  If it's an affirmative defense, it's subject to laches.
[14:03.000 --> 14:09.000]  Laches refers to someone sitting on their rights.
[14:09.000 --> 14:16.000]  For instance, if the lender forecloses on your property in taxes in excess of four years
[14:16.000 --> 14:22.000]  from the date of the first notice of acceleration,
[14:22.000 --> 14:29.000]  then you don't raise an objection to it.
[14:29.000 --> 14:33.000]  You're subject to laches later on because you sat on your rights.
[14:33.000 --> 14:36.000]  You had a right to bring up that issue.
[14:36.000 --> 14:39.000]  But if you didn't bring it up, then you waived it.
[14:39.000 --> 14:45.000]  And that's what they are referring to when they say that if you don't claim a right,
[14:45.000 --> 14:48.000]  you waive it, that goes to laches.
[14:48.000 --> 14:55.000]  So we filed one, and the bank treated it like the qualified written request.
[14:55.000 --> 15:02.000]  And they sent back the standard, substandard answer that they always sent.
[15:02.000 --> 15:06.000]  They did not raise an objection to the rescission.
[15:06.000 --> 15:09.000]  The 20 days has passed, so it's my position.
[15:09.000 --> 15:18.000]  But even though I filed it out of time, and the bank had an affirmative defense,
[15:18.000 --> 15:23.000]  it failed to raise the affirmative defense within the statutory time limit.
[15:23.000 --> 15:28.000]  Therefore, it's over.
[15:28.000 --> 15:35.000]  Back to 16 CFR 429.1.
[15:35.000 --> 15:45.000]  I think we can use the fact that the notes in mortgages
[15:45.000 --> 15:51.000]  does not have the three-day notice right under the signature line,
[15:51.000 --> 15:59.000]  which is required to be by 16 CFR 429, and in Texas,
[15:59.000 --> 16:11.000]  it's the Civil Practice and Remedies Code 601001.
[16:11.000 --> 16:18.000]  Title 12, Chapter 601, Civil Practices and Remedies Code.
[16:18.000 --> 16:25.000]  Is essentially exactly the same as 16 CFR 429.
[16:25.000 --> 16:28.000]  And I like 16 CFR.
[16:28.000 --> 16:30.000]  I like the CFRs.
[16:30.000 --> 16:37.000]  After this Chevrolet Ponderance decisions that came down
[16:37.000 --> 16:45.000]  that says that even the courts must defer to a regulatory agency
[16:45.000 --> 16:52.000]  when they institute codes of federal regulations,
[16:52.000 --> 16:54.000]  that they stand in front of the court.
[16:54.000 --> 16:56.000]  Hang on, be right back.
[16:56.000 --> 16:58.000]  Grant Shelton, Wheel of Radio.
[16:58.000 --> 17:00.000]  I call it number 512.
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[19:11.000 --> 19:34.000]  Look what we got. We asked the Christians. You know what I don't have an answer.
[19:34.000 --> 19:42.000]  Look what we got. We asked the Christians. You know what I don't have an answer.
[19:42.000 --> 19:45.000]  Let's hope and slip and slide.
[19:45.000 --> 19:49.000]  Okay, we are back. Randy Kelton, Wheelbarrow Radio.
[19:49.000 --> 19:52.000]  And I kind of ran off the cliff that time.
[19:52.000 --> 19:57.000]  I was a little bit short. I had my clock covered up with this document I was reading.
[19:57.000 --> 20:00.000]  So I called in number 512-646-1984.
[20:00.000 --> 20:03.000]  We do have a full board of callers.
[20:03.000 --> 20:08.000]  I'm going to go to callers. I'm going to Kathy in Texas. Hello, Ms. Kathy.
[20:08.000 --> 20:10.000]  Hello, Randy. How are you?
[20:10.000 --> 20:14.000]  I am good. And this was the voice I was hoping to hear.
[20:14.000 --> 20:20.000]  So what do we have for you today? What do you have for us today?
[20:20.000 --> 20:25.000]  Well, I would have asked you a mortgage question, but I don't know any.
[20:25.000 --> 20:28.000]  So I'll have to go back to the other stuff.
[20:28.000 --> 20:37.000]  Let's talk about Hayes County. Kathy referred someone to me who has a relative
[20:37.000 --> 20:44.000]  who's had some old felony convictions when the guy was young.
[20:44.000 --> 20:51.000]  He served out time. They were all pretty minor stuff, really kind of stuff kids do.
[20:51.000 --> 20:58.000]  And now the convictions on his records are screwing up his life.
[20:58.000 --> 21:03.000]  He doesn't want to fight it.
[21:03.000 --> 21:06.000]  Yeah, and that's understandable.
[21:06.000 --> 21:11.000]  He's been through the system and he knows how corrupt it is.
[21:11.000 --> 21:20.000]  So we're presented with a conundrum. How do we fight this for him?
[21:20.000 --> 21:25.000]  Because his mother is ready to go to bat.
[21:25.000 --> 21:34.000]  So we kind of went down to Hayes County and Hayes County has some problems.
[21:34.000 --> 21:38.000]  And this is not picking on Hayes County.
[21:38.000 --> 21:46.000]  This is relatively consistent around the state and around the country.
[21:46.000 --> 21:52.000]  The Tom Delay case, if you look on my website, jurisimprudence.com,
[21:52.000 --> 21:59.000]  in the Tom Delay habeas corpus,
[21:59.000 --> 22:06.000]  I talk about the impropriety of the charges brought against Tom Delay.
[22:06.000 --> 22:14.000]  He was indicted, but nobody ever accused him of a crime.
[22:14.000 --> 22:20.000]  So the prosecutor initiated the process himself.
[22:20.000 --> 22:29.000]  And we have Wilma Kennedy v. State that says that for the purpose of filing a criminal accusation,
[22:29.000 --> 22:32.000]  oops, let me back up.
[22:32.000 --> 22:41.000]  It starts out with, in order to avoid the obvious evils of the accumulation of power in any one office,
[22:41.000 --> 22:49.000]  for the purpose of filing a criminal accusation, a prosecuting attorney is not a credible person.
[22:49.000 --> 22:54.000]  But the prosecutor, he's the one that has to prosecute.
[22:54.000 --> 23:02.000]  So he's the one who should determine whether a case should be brought for prosecution or not.
[23:02.000 --> 23:11.000]  Well, our legislators considered that, and they said that is an incredibly bad idea.
[23:11.000 --> 23:18.000]  Because if you do that, you're likely to wind up with a police state.
[23:18.000 --> 23:30.000]  Average conviction rate for all criminal accusations across the board in the state of Texas, 99.6.
[23:30.000 --> 23:36.000]  We are in the worst police state the world has ever seen.
[23:36.000 --> 23:38.000]  And for the most part, nobody knows.
[23:38.000 --> 23:41.000]  Through our public-private partnership, though.
[23:41.000 --> 23:46.000]  We have a deal with the prisons and promised to fill them up.
[23:46.000 --> 23:55.000]  Yes, and there's a lot of politics behind it, but there's always been politics behind prosecutions.
[23:55.000 --> 24:03.000]  But the problem we have now is they're not following the due process procedures
[24:03.000 --> 24:10.000]  that were put in place originally in 1216 A.D.
[24:10.000 --> 24:19.000]  800 years ago, we put in these due process protections when the dukes drugged King John
[24:19.000 --> 24:23.000]  down to the River Thames and threatened to cut his head off
[24:23.000 --> 24:26.000]  if he didn't sign the Magna Carta the way he agreed to
[24:26.000 --> 24:33.000]  when the dukes agreed to help them repel the French when they tried to invade.
[24:33.000 --> 24:43.000]  Well, it put in certain due process procedures that worked very well for 750 years.
[24:43.000 --> 24:54.000]  But in 1965, our legislators in their wisdom made a couple of minor changes to the code
[24:54.000 --> 24:59.000]  that set the state to the worst police state the world has ever seen.
[24:59.000 --> 25:01.000]  And now we're in it.
[25:01.000 --> 25:10.000]  If you read the code and then look at the practice, you'll think you've stepped through the looking glass.
[25:10.000 --> 25:13.000]  They are so dramatically different.
[25:13.000 --> 25:17.000]  And here is one of the places where it's different.
[25:17.000 --> 25:26.000]  You know, most everybody is aware of the constitutional requirement that you be faced by your accuser.
[25:26.000 --> 25:32.000]  Well, who was Tom DeLay's accuser?
[25:32.000 --> 25:35.000]  Don't know.
[25:35.000 --> 25:38.000]  You can't find it in the record.
[25:38.000 --> 25:42.000]  And if it's not in the record, it doesn't exist.
[25:42.000 --> 25:51.000]  Well, if you go to Williamson County and you start going through the felony cases,
[25:51.000 --> 25:57.000]  about one in 20 will have a criminal complaint in it.
[25:57.000 --> 26:09.000]  And that's a problem because what the record says is the initiating document is the indictment.
[26:09.000 --> 26:12.000]  It actually says that in the record.
[26:12.000 --> 26:14.000]  Well, the problem with an indictment...
[26:14.000 --> 26:16.000]  Without a complaint.
[26:16.000 --> 26:17.000]  Yeah.
[26:17.000 --> 26:21.000]  If you have an indictment and a person hasn't been arrested,
[26:21.000 --> 26:28.000]  the fact of the indictment cannot be recorded with the court.
[26:28.000 --> 26:35.000]  What it says in 2021 is once an indictment is brought,
[26:35.000 --> 26:40.000]  the foreman, together with at least nine members of the grand jury,
[26:40.000 --> 26:46.000]  shall appear before the court or the clerk and give notice of the fact of the indictment,
[26:46.000 --> 26:53.000]  and the clerk shall make notes in the minutes of the court.
[26:53.000 --> 26:54.000]  Okay.
[26:54.000 --> 26:57.000]  I went in and asked for those minutes.
[26:57.000 --> 27:02.000]  And I get this deer in the headlights look.
[27:02.000 --> 27:05.000]  And they say, well, we don't know what you're talking about.
[27:05.000 --> 27:09.000]  Well, go read 2421, Texas Code of Criminal Procedure.
[27:09.000 --> 27:14.000]  It references the clerk making notes in the minutes of the court.
[27:14.000 --> 27:16.000]  That's the one I'm talking about.
[27:16.000 --> 27:18.000]  You want to go find that for me?
[27:18.000 --> 27:21.000]  Well, we don't have it.
[27:21.000 --> 27:24.000]  You don't have it?
[27:24.000 --> 27:26.000]  How do you not have it?
[27:26.000 --> 27:28.000]  Well, the prosecutor has all that.
[27:28.000 --> 27:30.000]  Oh, the prosecutor has all that.
[27:30.000 --> 27:34.000]  And you know that the prosecutor has all of that.
[27:34.000 --> 27:37.000]  Are you familiar with 3710 penal code?
[27:37.000 --> 27:39.000]  And they look at me like, duh.
[27:39.000 --> 27:43.000]  Yeah, 3710 penal code says that it's a felony crime.
[27:43.000 --> 27:48.000]  And the secret of government document from the person or office it's directed to.
[27:48.000 --> 27:56.000]  And it's directed to your office by 17.30 Code of Criminal Procedure.
[27:56.000 --> 27:59.000]  When a person's arrested and he's brought before a magistrate
[27:59.000 --> 28:02.000]  the way the Magna Carta originally commanded,
[28:02.000 --> 28:06.000]  and the way the law still commands,
[28:06.000 --> 28:11.000]  he's brought before the magistrate for the purpose of an examining trial.
[28:11.000 --> 28:17.000]  An examining trial is held under Chapter 16 Code of Criminal Procedure.
[28:17.000 --> 28:22.000]  First thing is the accused has the right to make a statement
[28:22.000 --> 28:25.000]  before any evidence is presented against him.
[28:25.000 --> 28:28.000]  It's a voluntary statement.
[28:28.000 --> 28:31.000]  And then it must be a complaint.
[28:31.000 --> 28:32.000]  Then it must be an order.
[28:32.000 --> 28:36.000]  1617 requires that the court produce an order
[28:36.000 --> 28:38.000]  stating whether they found probable cause
[28:38.000 --> 28:41.000]  to release the person after liberty,
[28:41.000 --> 28:43.000]  ended him to his jail, and released him on bail.
[28:43.000 --> 28:48.000]  And then if there is no warrant, he's to issue a warrant under 1620.
[28:48.000 --> 28:57.000]  And then 17.30 commands the magistrate to seal all documents had in the hearing.
[28:57.000 --> 29:00.000]  The voluntary statement, the complaint,
[29:00.000 --> 29:04.000]  and all other documents had in the hearing in an envelope,
[29:04.000 --> 29:09.000]  causing his name to be written across the seal of the envelope
[29:09.000 --> 29:12.000]  and forwarded to the clerk of the court of jurisdiction.
[29:12.000 --> 29:17.000]  What part of that is hard to understand?
[29:17.000 --> 29:23.000]  By statute, those documents must be forwarded to the clerk of the court.
[29:23.000 --> 29:26.000]  Where are they?
[29:26.000 --> 29:29.000]  Nobody knows.
[29:29.000 --> 29:31.000]  They're saying that the prosecutor has them,
[29:31.000 --> 29:38.000]  but the prosecutor claims that all his documents are secret.
[29:38.000 --> 29:42.000]  Never ask a public official to do anything you actually want them to do.
[29:42.000 --> 29:45.000]  We'll pick this back up when I come back on the other side.
[29:45.000 --> 29:46.000]  Hang on, Miss Kathy.
[29:46.000 --> 29:47.000]  Randy Kelton.
[29:47.000 --> 29:48.000]  We'll go on radio.
[29:48.000 --> 29:51.000]  I'll call it number 512-646-1984.
[29:51.000 --> 30:00.000]  We'll be right back.
[30:00.000 --> 30:02.000]  Hold it right there, bucko.
[30:02.000 --> 30:06.000]  That photo was poorly lit, and your composition is all wrong.
[30:06.000 --> 30:10.000]  Those could be the last words you hear before police confiscate your camera.
[30:10.000 --> 30:14.000]  I'm Dr. Catherine Albrecht, and I'll be back with the scoop.
[30:14.000 --> 30:16.000]  Privacy is under attack.
[30:16.000 --> 30:19.000]  When you give up data about yourself, you'll never get it back again.
[30:19.000 --> 30:24.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:24.000 --> 30:29.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.000 --> 30:32.000]  Privacy, it's worth hanging on to.
[30:32.000 --> 30:35.000]  This public service announcement is brought to you by Startpage.com,
[30:35.000 --> 30:39.000]  the private search engine alternative to Google, Yahoo, and Bing.
[30:39.000 --> 30:43.000]  Start over with Startpage.
[30:43.000 --> 30:47.000]  Police are detaining people for taking perfectly legal pictures.
[30:47.000 --> 30:50.000]  They've apparently become art critics with instructions to determine
[30:50.000 --> 30:54.000]  whether people's photos have, quote, apparent aesthetic value.
[30:54.000 --> 30:56.000]  The idea is to stop terrorists,
[30:56.000 --> 31:00.000]  though what a terrorist could do armed with just a camera is beyond me.
[31:00.000 --> 31:03.000]  One innocent photographer got stopped for taking pictures of a refinery
[31:03.000 --> 31:05.000]  in Long Beach, California.
[31:05.000 --> 31:09.000]  Another got a full pat down for filming the outside of the courthouse.
[31:09.000 --> 31:11.000]  In addition to judging people's photos,
[31:11.000 --> 31:16.000]  cops are harassing anyone with a camera who doesn't look like, quote, a regular tourist.
[31:16.000 --> 31:19.000]  So next time you visit Long Beach, wear a big Hawaiian shirt
[31:19.000 --> 31:22.000]  and make sure your photos are gorgeous.
[31:22.000 --> 31:27.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:52.000 --> 31:58.000]  Call 888-910-4367 and see what our powder, seeds, and oil can do for you.
[31:58.000 --> 32:02.000]  Only at ThisUSA.org.
[32:02.000 --> 32:05.000]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:05.000 --> 32:08.000]  In today's America, we live in an us-against-them society.
[32:08.000 --> 32:10.000]  If we, the people, are ever going to have a free society,
[32:10.000 --> 32:13.000]  then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:16.000]  Among those rights are the right to travel freely from place to place,
[32:16.000 --> 32:18.000]  the right to act in our own private capacity,
[32:18.000 --> 32:20.000]  and most importantly, the right to due process of law.
[32:20.000 --> 32:23.000]  Our traffic courts afford us the least expensive opportunity
[32:23.000 --> 32:26.000]  to learn how to enforce and preserve our rights through due process.
[32:26.000 --> 32:29.000]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[32:29.000 --> 32:32.000]  has put together the most comprehensive teaching tool available
[32:32.000 --> 32:34.000]  that will help you understand what due process is
[32:34.000 --> 32:36.000]  and how to hold courts to the rule of law.
[32:36.000 --> 32:38.000]  You can get your own copy of this invaluable material
[32:38.000 --> 32:41.000]  by going to ruleoflawradio.com and ordering your copy today.
[32:41.000 --> 32:43.000]  By ordering now, you'll receive a copy of Eddie's book,
[32:43.000 --> 32:46.000]  The Texas Transportation Code, The Law Versus the Lie,
[32:46.000 --> 32:48.000]  video and audio of the original 2009 seminar,
[32:48.000 --> 32:51.000]  and hundreds of research documents and other useful resource material.
[32:51.000 --> 32:53.000]  Learn how to fight for your rights with the help of this material
[32:53.000 --> 32:56.000]  from ruleoflawradio.com, order your copy today,
[32:56.000 --> 32:59.000]  and together we can have the free society we all want and deserve.
[32:59.000 --> 33:06.000]  Live, free speech radio, logosradionetwork.com.
[33:23.000 --> 33:25.000]  Okay, we are back.
[33:25.000 --> 33:29.000]  Randy Count and Deborah Stevens, Rule of Law Radio,
[33:29.000 --> 33:32.000]  and I'm going to bushwhack Deborah.
[33:32.000 --> 33:37.000]  While we were on the break, she brought up something that I had forgot about
[33:37.000 --> 33:40.000]  that occurred in Williamson County.
[33:40.000 --> 33:45.000]  Deborah, will you kind of tell that little story?
[33:45.000 --> 33:47.000]  Okay, Randy.
[33:47.000 --> 33:50.000]  Well, I don't remember all the details of what happened
[33:50.000 --> 33:52.000]  because it's been a while.
[33:52.000 --> 33:54.000]  I forgot whose case we were going to deal with.
[33:54.000 --> 33:56.000]  Was it your case?
[33:56.000 --> 33:59.000]  No, let me bring it up to speed.
[33:59.000 --> 34:04.000]  I had filed an information request.
[34:04.000 --> 34:08.000]  I think it was Doug Bell's case.
[34:08.000 --> 34:12.000]  An information request under a 1730 code of code procedure.
[34:12.000 --> 34:14.000]  I'm looking for a criminal complaint.
[34:14.000 --> 34:17.000]  I went and looked in the record and it wasn't there.
[34:17.000 --> 34:21.000]  Yeah, there wasn't a case, which is no big surprise.
[34:21.000 --> 34:29.000]  Never is a case because the prosecutor always secrets away all the information,
[34:29.000 --> 34:35.000]  the documents that are supposed to be filed with the clerk of the court by the magistrate.
[34:35.000 --> 34:40.000]  And so the prosecutor just sits on him.
[34:40.000 --> 34:44.000]  It's a felony for him to do that.
[34:44.000 --> 34:51.000]  And he just sits on him and waits until he can squeeze the poor defendant into a deal,
[34:51.000 --> 34:54.000]  and then he'll file it.
[34:54.000 --> 35:00.000]  This is highly illegal, highly illegal because you're lost.
[35:00.000 --> 35:05.000]  As a defendant, you are lost in the system because there is no case.
[35:05.000 --> 35:08.000]  The court doesn't even know you exist.
[35:08.000 --> 35:12.000]  I mean, we fought a war over this, people.
[35:12.000 --> 35:18.000]  I mean, people died for this very thing right here.
[35:18.000 --> 35:20.000]  Anyway, go ahead, Randy.
[35:20.000 --> 35:28.000]  Okay, so we requested the documentation and this little county attorney came out with this folder.
[35:28.000 --> 35:32.000]  He wants to show us that they've got all the documentation.
[35:32.000 --> 35:40.000]  And our issue was this is required by 17.30 to be forwarded to the clerk of the court of jurisdiction.
[35:40.000 --> 35:42.000]  What are you doing with it?
[35:42.000 --> 35:44.000]  And I'm talking to him.
[35:44.000 --> 35:48.000]  I'm kind of pressing on him about it.
[35:48.000 --> 35:52.000]  Yeah, then all of a sudden I go, hey, Randy, wait a minute.
[35:52.000 --> 35:57.000]  And I said, hey, sir, I said, where did you get those documents?
[35:57.000 --> 36:03.000]  Aren't those the documents that are supposed to be filed with the clerk of the court by the magistrate?
[36:03.000 --> 36:04.000]  How did you get those?
[36:04.000 --> 36:06.000]  Those are not filed in the court.
[36:06.000 --> 36:10.000]  I mean, there's a question of documents right now to the exclusion of the clerk of the court.
[36:10.000 --> 36:12.000]  How did you do that?
[36:12.000 --> 36:16.000]  And he looked like his face turned beet red, I'll tell you.
[36:16.000 --> 36:19.000]  And he looked like a cat with feathers sticking out of his mouth.
[36:19.000 --> 36:21.000]  And he didn't know what to say.
[36:21.000 --> 36:23.000]  And he didn't say anything.
[36:23.000 --> 36:26.000]  And then I just folded my arms and sat back in the chair.
[36:26.000 --> 36:29.000]  I was looking at him like, yeah, I got your number, pal.
[36:29.000 --> 36:35.000]  And if I'd had that recorded, I don't know, if I'd had the time, even without it recorded,
[36:35.000 --> 36:39.000]  we could have pressed charges against that county attorney.
[36:39.000 --> 36:45.000]  You've seen these commercials where wish you were somewhere else.
[36:45.000 --> 36:48.000]  This guy had that look on his face.
[36:48.000 --> 36:53.000]  He really wishes he was somewhere else because we took their code
[36:53.000 --> 36:56.000]  and backed him into a legal position with their code.
[36:56.000 --> 36:58.000]  And this is what we're going to do to Hays County.
[36:58.000 --> 37:00.000]  Well, now, wait a minute, Randy.
[37:00.000 --> 37:03.000]  I'm trying to remember this scenario here.
[37:03.000 --> 37:07.000]  Why was there a public information request?
[37:07.000 --> 37:09.000]  These are supposed to be court documents.
[37:09.000 --> 37:10.000]  Courts are public.
[37:10.000 --> 37:12.000]  You don't need information requests for court documents.
[37:12.000 --> 37:15.000]  What, did you file an information request with the county attorney's office?
[37:15.000 --> 37:16.000]  Is that what you did?
[37:16.000 --> 37:17.000]  Yes, I did.
[37:17.000 --> 37:18.000]  Okay, okay.
[37:18.000 --> 37:21.000]  So we were up there following up on that information request.
[37:21.000 --> 37:22.000]  Yes.
[37:22.000 --> 37:23.000]  Okay, yeah.
[37:23.000 --> 37:26.000]  And so the prosecutor, the dodo head, the dum-dum, you know,
[37:26.000 --> 37:29.000]  he comes out with the documents like, see, we've got them.
[37:29.000 --> 37:30.000]  Everything's okay.
[37:30.000 --> 37:35.000]  It's like, no, everything is not okay.
[37:35.000 --> 37:41.000]  I went to the clerk and asked to see this file and they brought it out.
[37:41.000 --> 37:49.000]  And I've told this story before because it goes to not telling them what you're doing.
[37:49.000 --> 37:51.000]  I always wear a suit and tie.
[37:51.000 --> 37:54.000]  And I went to the clerk and asked to see the records and she brought it out
[37:54.000 --> 37:55.000]  and I'm looking through it.
[37:55.000 --> 37:59.000]  And I said, I called the clerk and said, there's a problem here.
[37:59.000 --> 38:00.000]  What's that?
[38:00.000 --> 38:02.000]  There's a document missing.
[38:02.000 --> 38:04.000]  You see that sign over there?
[38:04.000 --> 38:10.000]  It says, it's a felony to file a fraudulent document with the court.
[38:10.000 --> 38:14.000]  Well, it's also, you should have another sign up there that says it's a felony,
[38:14.000 --> 38:20.000]  secretive government document from the person or office it's directed to.
[38:20.000 --> 38:25.000]  And 17.30 Code of Criminal Procedure directs the criminal complaint to your office.
[38:25.000 --> 38:27.000]  It should be in this file.
[38:27.000 --> 38:29.000]  Where is it?
[38:29.000 --> 38:32.000]  Well, I don't know.
[38:32.000 --> 38:35.000]  You might want to go find out.
[38:35.000 --> 38:43.000]  Yeah, but then eventually the clerk told us to go to the prosecutor to get it.
[38:43.000 --> 38:45.000]  Remember?
[38:45.000 --> 38:48.000]  She threw him under the bus.
[38:48.000 --> 38:53.000]  So that day, this is the day that I went to the prosecutor
[38:53.000 --> 38:57.000]  and gave them an information request that I already had printed up.
[38:57.000 --> 39:07.000]  If you look on jurisimprudence.com and the documents and research button
[39:07.000 --> 39:12.000]  on the top right will take you to a folder and in there there's a blanks folder
[39:12.000 --> 39:16.000]  and you'll find a 17.30 info request.
[39:16.000 --> 39:21.000]  And that says, you're by directed by inspection and or copying all documents
[39:21.000 --> 39:25.000]  referenced by all documents collected civil maintained by the department
[39:25.000 --> 39:29.000]  that are referenced by article 17.30 Texas Code of Criminal Procedure
[39:29.000 --> 39:30.000]  from this date to this date.
[39:30.000 --> 39:32.000]  So all I have to do is fill in the dates.
[39:32.000 --> 39:34.000]  So I did that.
[39:34.000 --> 39:36.000]  And this prosecutor come out.
[39:36.000 --> 39:39.000]  She was hot.
[39:39.000 --> 39:44.000]  Weak heel tight clothes, real short mini dress, long blonde hair.
[39:44.000 --> 39:46.000]  She was hot.
[39:46.000 --> 39:52.000]  And I got the impression she's used to guys sucking up to her.
[39:52.000 --> 39:56.000]  So she came out and she said, Mr. Kelton, I have your complaint here,
[39:56.000 --> 40:02.000]  your request here, but I'm not sure what you're asking for.
[40:02.000 --> 40:07.000]  Well, what I'm asking for is exactly what it says there.
[40:07.000 --> 40:09.000]  Well, Mr. Kelton, I'm not sure what that is.
[40:09.000 --> 40:15.000]  Well, then go ask the legislature there, the one that wrote the code, not me.
[40:15.000 --> 40:20.000]  And she was more than furious when she went back in.
[40:20.000 --> 40:23.000]  I left there and went and sat down in the courtroom.
[40:23.000 --> 40:29.000]  I had one of these cattle calls where they're bringing guys in to force them to make a deal.
[40:29.000 --> 40:31.000]  And I couldn't read the judge's name.
[40:31.000 --> 40:33.000]  So they had a real small print.
[40:33.000 --> 40:35.000]  So I called the bailiff over and asked him what the name was.
[40:35.000 --> 40:36.000]  And he told me.
[40:36.000 --> 40:40.000]  And then I asked him for a docket, an appearance docket.
[40:40.000 --> 40:42.000]  Well, I don't have one.
[40:42.000 --> 40:43.000]  Well, who does?
[40:43.000 --> 40:44.000]  Well, I don't know.
[40:44.000 --> 40:46.000]  I'll go find out.
[40:46.000 --> 40:47.000]  Okay.
[40:47.000 --> 40:52.000]  He comes back and he tells me that I can get one from a clerk downstairs, that she has one.
[40:52.000 --> 40:53.000]  I said, well, thank you.
[40:53.000 --> 40:55.000]  And I'm sitting here taking notes.
[40:55.000 --> 41:04.000]  And this prosecutor come over, young kid, black suit, black shirt, bright red tie.
[41:04.000 --> 41:09.000]  I guess he thought like he looked like the mafia or something, thought he looked like a fool.
[41:09.000 --> 41:11.000]  He came over and he said, sir, sir.
[41:11.000 --> 41:14.000]  And I looked up at him and said, yes.
[41:14.000 --> 41:16.000]  Do you have a case here today?
[41:16.000 --> 41:18.000]  Oh, no, no, no, nothing like that.
[41:18.000 --> 41:20.000]  I go back to writing.
[41:20.000 --> 41:22.000]  I can see him in my peripheral vision.
[41:22.000 --> 41:23.000]  He doesn't move.
[41:23.000 --> 41:25.000]  Then in a little bit, he said, sir, sir.
[41:25.000 --> 41:26.000]  And I looked up at him.
[41:26.000 --> 41:27.000]  Yes.
[41:27.000 --> 41:31.000]  Do you have a civil case in this court?
[41:31.000 --> 41:33.000]  Oh, no, no, nothing like that.
[41:33.000 --> 41:35.000]  I go back to writing.
[41:35.000 --> 41:37.000]  He stands there a little bit.
[41:37.000 --> 41:38.000]  Sir, sir.
[41:38.000 --> 41:39.000]  And I look up at him.
[41:39.000 --> 41:44.000]  I hold up both hands with my palms out, more questions.
[41:44.000 --> 41:47.000]  You would have thought I slapped him.
[41:47.000 --> 41:50.000]  He stood there a minute and I went back to writing.
[41:50.000 --> 41:51.000]  I just ignored him.
[41:51.000 --> 41:54.000]  And in a little bit, he kind of ambled off.
[41:54.000 --> 42:00.000]  A little while later, an older guy come up and leaned over the bar because I was in the first row and said, sir, sir.
[42:00.000 --> 42:02.000]  And I looked up and I said, yes.
[42:02.000 --> 42:07.000]  He said, if you need an appearance document, you can get that down at the clerk at that front desk.
[42:07.000 --> 42:09.000]  See, the bailiff told me, thank you.
[42:09.000 --> 42:12.000]  And I looked down and went back to writing.
[42:12.000 --> 42:18.000]  He said, sir, sir, is there something I can do for you today?
[42:18.000 --> 42:24.000]  I looked up and said, if I need you, I will summon you.
[42:24.000 --> 42:27.000]  I went back to writing.
[42:27.000 --> 42:33.000]  Later that night, we were at Brave New Books at Eddie's seminar.
[42:33.000 --> 42:36.000]  And Doug Bell showed up because he was there.
[42:36.000 --> 42:42.000]  He had been arrested for two pills in an Aspen bottle, two prescription pills.
[42:42.000 --> 42:44.000]  He brought in the prescriptions for both of them.
[42:44.000 --> 42:47.000]  They're still prosecuting.
[42:47.000 --> 42:52.000]  He came in and said, while I'm doing all this, they came to him and asked him if he was here with somebody else.
[42:52.000 --> 43:00.000]  And he said, no, it's just me and another friend of ours.
[43:00.000 --> 43:04.000]  And he said, well, somebody's looking through your record.
[43:04.000 --> 43:08.000]  He said, I told you I had a top secret clearance and you were going to screw that up.
[43:08.000 --> 43:11.000]  So now they think I'm a fed.
[43:11.000 --> 43:15.000]  They dismissed his case.
[43:15.000 --> 43:18.000]  They said, is there anything else you'd like?
[43:18.000 --> 43:20.000]  And he said, well, I'd like to get the order signed.
[43:20.000 --> 43:21.000]  They take him to the judge.
[43:21.000 --> 43:23.000]  The judge signs the order.
[43:23.000 --> 43:25.000]  Anything else, I'd like to get my bail back.
[43:25.000 --> 43:29.000]  They take him down to the clerk and the clerk has him fill this deal out.
[43:29.000 --> 43:31.000]  So we'll have a check in the mail in the morning.
[43:31.000 --> 43:33.000]  And they did.
[43:33.000 --> 43:36.000]  They thought you were a fed.
[43:36.000 --> 43:42.000]  He said, have you ever walked in a room and turned on the light and saw the cockroaches scatter?
[43:42.000 --> 43:45.000]  That's what it looked like.
[43:45.000 --> 43:46.000]  Hang on.
[43:46.000 --> 43:47.000]  Radio.
[43:47.000 --> 43:51.000]  I call it number 512-646-1984.
[43:51.000 --> 44:02.000]  We'll be right back.
[44:02.000 --> 44:03.000]  Hello.
[44:03.000 --> 44:06.000]  My name is Stuart Smith from naturespureorganics.com,
[44:06.000 --> 44:10.000]  and I would like to invite you to come by our store at 1904 Guadalupe Street,
[44:10.000 --> 44:12.000]  Sweet D here in Austin, Texas.
[44:12.000 --> 44:14.000]  I'm Brave New Books and Chase Kang.
[44:14.000 --> 44:18.000]  To see all our fantastic health and wellness products with your very own eyes.
[44:18.000 --> 44:22.000]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
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[44:24.000 --> 44:30.000]  including our Auxiliary Emi oil, lotion candles, olive oil, soaps, and colloidal silver and gold.
[44:30.000 --> 44:37.000]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.000 --> 44:43.000]  That's 512-264-4043, naturespureorganics.com.
[44:43.000 --> 44:47.000]  Don't forget to like us on Facebook for information on events and our products.
[44:47.000 --> 45:01.000]  Naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:07.000]  Win your case without an attorney with Juris Dictionary,
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[46:02.000 --> 46:20.000]  If you did not have a problem, where are you going to look for one?
[46:20.000 --> 46:26.000]  If you could not wait any longer, would your brother have to die?
[46:26.000 --> 46:32.000]  I just have to find a soldier, a warrior of love, scuffling that keeps his peace.
[46:32.000 --> 46:35.000]  All he's taking is a misunderstanding.
[46:35.000 --> 46:38.000]  Somebody calls the police.
[46:38.000 --> 46:40.000]  Okay, we are back.
[46:40.000 --> 46:46.000]  Randy Kelton, Rule of Law Radio, and we're talking to Kathy in Texas.
[46:46.000 --> 46:48.000]  And I'm trying to unmute.
[46:48.000 --> 46:49.000]  There we go.
[46:49.000 --> 46:50.000]  Okay.
[46:50.000 --> 46:53.000]  May I change the subject?
[46:53.000 --> 46:55.000]  Okay, go ahead, Kathy.
[46:55.000 --> 46:57.000]  May I change the subject?
[46:57.000 --> 46:59.000]  Absolutely.
[46:59.000 --> 47:04.000]  I have a strategy need or just an opinion maybe.
[47:04.000 --> 47:09.000]  It's an interesting case, and I know that the guys in San Antonio were always talking about
[47:09.000 --> 47:15.000]  your Social Security number having some kind of business going on behind the scenes
[47:15.000 --> 47:17.000]  and having numbers and things.
[47:17.000 --> 47:24.000]  But one of the guys that worked with my husband came in and said he and his wife
[47:24.000 --> 47:28.000]  have been in this country for like 35 years.
[47:28.000 --> 47:30.000]  They're originally from Mexico.
[47:30.000 --> 47:33.000]  They have their kids here, their citizens, the whole thing, right?
[47:33.000 --> 47:35.000]  They have regular jobs.
[47:35.000 --> 47:44.000]  They have never bothered to get health insurance because they've always just paid cash and carry.
[47:44.000 --> 47:47.000]  And they're just, you know, they're regular folks like us,
[47:47.000 --> 47:50.000]  and they didn't see a need for it, and they haven't done it.
[47:50.000 --> 47:56.000]  So now with Obamacare, they've had to start filing papers to get insurance.
[47:56.000 --> 48:01.000]  And what they found in this process of trying to go and shop for insurance
[48:01.000 --> 48:06.000]  is that someone has been using her Social Security number,
[48:06.000 --> 48:11.000]  and they said this isn't your number because somebody else has been using it.
[48:11.000 --> 48:15.000]  And they have a name and they have an address of someone in Longview, Texas
[48:15.000 --> 48:19.000]  who's been using the Social Security number.
[48:19.000 --> 48:23.000]  And his first reaction was, I'm going to get in my car and drive over there and see who that is.
[48:23.000 --> 48:28.000]  It's like there must be something to do before that.
[48:28.000 --> 48:34.000]  What kind of thing do you do when you find that your Social Security number
[48:34.000 --> 48:37.000]  has just been used by someone else?
[48:37.000 --> 48:46.000]  Well, is it malicious or has someone accidentally got the wrong number?
[48:46.000 --> 48:53.000]  Apparently it's been used quite a while, but I don't have all the detail of it.
[48:53.000 --> 48:58.000]  His just said when they found out someone had been using it,
[48:58.000 --> 49:02.000]  he just wants to go confront them and say, stop it.
[49:02.000 --> 49:06.000]  Well, you know, I'm thinking somebody's using my Social Security number.
[49:06.000 --> 49:14.000]  If they're not ruining my credit, then they're paying into my Social Security benefits.
[49:14.000 --> 49:18.000]  That'll work.
[49:18.000 --> 49:19.000]  Okay.
[49:19.000 --> 49:29.000]  I don't see a downside if it is very likely that it is an error.
[49:29.000 --> 49:33.000]  How would you find an error?
[49:33.000 --> 49:39.000]  People use a Social Security number if they're trying to hide their identity.
[49:39.000 --> 49:44.000]  If the guy is not using the same name that's on the Social Security,
[49:44.000 --> 49:49.000]  then he's not trying to steal an identity.
[49:49.000 --> 49:50.000]  Yeah.
[49:50.000 --> 49:58.000]  Good chance that that number got in the system in error somewhere and nobody caught it.
[49:58.000 --> 50:04.000]  And would it be like you file a form with IRS or somebody and just...
[50:04.000 --> 50:10.000]  Yeah, notify the Social Security Administration,
[50:10.000 --> 50:18.000]  because this guy may be paying into Social Security and he's not going to have any benefits
[50:18.000 --> 50:22.000]  because he's paying under the wrong Social Security number.
[50:22.000 --> 50:31.000]  Or when he reaches retirement age, he may try to draw on this guy's Social Security benefits.
[50:31.000 --> 50:37.000]  That's right. And if he's older than the owner of the Social Security number,
[50:37.000 --> 50:40.000]  he could get the benefit out before he even noticed it.
[50:40.000 --> 50:46.000]  Yeah. And this doesn't sound like something malicious.
[50:46.000 --> 50:51.000]  It really sounds like a clerical error.
[50:51.000 --> 50:57.000]  Okay. So maybe just Social Security Administration first?
[50:57.000 --> 51:01.000]  Yes, that's what I'd do first.
[51:01.000 --> 51:05.000]  We don't want to automatically assume that it's malicious because they haven't...
[51:05.000 --> 51:13.000]  You know, he hasn't had 500 debt collectors and police departments and prosecutors coming after him.
[51:13.000 --> 51:16.000]  Yeah. And he doesn't use credit cards anyway.
[51:16.000 --> 51:19.000]  So he hasn't applied for anything like that.
[51:19.000 --> 51:24.000]  And that's why he was saying they haven't even used their Social Security number to speak of.
[51:24.000 --> 51:28.000]  Yeah, that's why I'm thinking it's probably an error.
[51:28.000 --> 51:30.000]  Okay.
[51:30.000 --> 51:34.000]  And if they get it corrected, he might be able to get his social...
[51:34.000 --> 51:39.000]  You know, we might have a guy here who's minding his own business, doing everything right.
[51:39.000 --> 51:45.000]  And then at the end of his life, he winds up with no retirement because of a clerical error 40 years ago.
[51:45.000 --> 51:52.000]  And he may not even have made the error. Somebody else might have made it. A clerk might have made it.
[51:52.000 --> 52:02.000]  Yeah. But would it be something that if you wanted to, like you said, hide your identity or wanted to work
[52:02.000 --> 52:10.000]  and didn't have permission to work, if you can get your name attached to a Social Security number of any kind and, you know, you're in?
[52:10.000 --> 52:16.000]  Yeah, but it would only work if you're using the other person's name.
[52:16.000 --> 52:18.000]  What would they be?
[52:18.000 --> 52:22.000]  Because if you run the Social Security number, you're going to come up with this guy's name.
[52:22.000 --> 52:26.000]  Good, yeah. Because I'm not sure how they actually found this out.
[52:26.000 --> 52:35.000]  He said it was when they filed papers for the insurance that somebody came back and said, you know, this isn't yours kind of a thing.
[52:35.000 --> 52:38.000]  It's like, whoa, wait a minute.
[52:38.000 --> 52:43.000]  So they probably had the number attached to somebody else's name.
[52:43.000 --> 52:44.000]  Yeah.
[52:44.000 --> 52:48.000]  Almost certainly that's a mistake. That's a clerical error somewhere.
[52:48.000 --> 52:49.000]  Okay.
[52:49.000 --> 52:55.000]  Good chance the guy that's using that number has no idea.
[52:55.000 --> 52:59.000]  Well, they had no idea. So yeah, probably we wouldn't either.
[52:59.000 --> 53:04.000]  But yeah, my first reaction was, oh, my goodness, it's a criminal thing.
[53:04.000 --> 53:06.000]  And you're going to just go up there and confront these people.
[53:06.000 --> 53:12.000]  And I'm thinking, this is something that sounds like Randy would do.
[53:12.000 --> 53:16.000]  Well, I've gotten to where I pick my battles really careful.
[53:16.000 --> 53:20.000]  Yeah. You've replaced enough teeth.
[53:20.000 --> 53:25.000]  Too many lacerations, contusions, and nights in jail.
[53:25.000 --> 53:27.000]  Yeah. Okay.
[53:27.000 --> 53:30.000]  Well, that's really what I wanted to touch base with you tonight about.
[53:30.000 --> 53:32.000]  And I'll go ahead and hang up.
[53:32.000 --> 53:34.000]  You've got other people that need real help.
[53:34.000 --> 53:38.000]  And there's always such good information here.
[53:38.000 --> 53:40.000]  Thank you, Ms. Kathy.
[53:40.000 --> 53:42.000]  And I'll talk to you later.
[53:42.000 --> 53:44.000]  Alrighty.
[53:44.000 --> 53:52.000]  Okay. I did want to finish up on Williamson County and Hayes County.
[53:52.000 --> 53:56.000]  This is something that I've been working on a long time.
[53:56.000 --> 53:59.000]  Everybody does it wrong.
[53:59.000 --> 54:01.000]  And we've done enough work in the area.
[54:01.000 --> 54:05.000]  Now we can corral them into a corner.
[54:05.000 --> 54:10.000]  And while I'm trying to help this guy get these felony convictions off his record
[54:10.000 --> 54:13.000]  so he can go back to having a decent life,
[54:13.000 --> 54:21.000]  might also be able to use this to force Hayes County to start doing it right.
[54:21.000 --> 54:25.000]  If we can get one county doing it like they're supposed to,
[54:25.000 --> 54:31.000]  then we can establish precedent and maybe get some other counties to do the same.
[54:31.000 --> 54:36.000]  Okay. Now we're going to go to Steve in Washington.
[54:36.000 --> 54:38.000]  Hello, Steve.
[54:38.000 --> 54:41.000]  Hello, Randy.
[54:41.000 --> 54:44.000]  What do you have for us today?
[54:44.000 --> 54:52.000]  Well, I was going to ask you about a couple of issues that relate to the mortgage,
[54:52.000 --> 55:00.000]  but basically researching on equitable tolling with regards to jurisdiction.
[55:00.000 --> 55:04.000]  And I know you talked about jurisdiction,
[55:04.000 --> 55:10.000]  about it being you're able to go back at any point in time to challenge jurisdiction,
[55:10.000 --> 55:13.000]  no matter how remote, as you say.
[55:13.000 --> 55:18.000]  And so I'm thinking about equitable tolling.
[55:18.000 --> 55:28.000]  And what I'm thinking is that what I've read so far is that you can get equitable tolling
[55:28.000 --> 55:40.000]  on a matter that if it's substantially the same issue or arising from the same issue.
[55:40.000 --> 55:45.000]  And I don't really have any exact case law on that,
[55:45.000 --> 55:52.000]  but from what I've read it's not statutory, it's a judicial construct.
[55:52.000 --> 56:00.000]  And so basically what I'd have to do in a case where I want to equitably toll
[56:00.000 --> 56:10.000]  a previous matter to bring them together is to file an ex parte motion for,
[56:10.000 --> 56:15.000]  and of course just file an ex parte motion on equitable tolling,
[56:15.000 --> 56:18.000]  whether they will grant it or not.
[56:18.000 --> 56:22.000]  If they don't grant it, it doesn't appear in the record.
[56:22.000 --> 56:25.000]  If they do grant it, then it appears.
[56:25.000 --> 56:29.000]  How are they using the claims of equitable tolling?
[56:29.000 --> 56:34.000]  And before we get there, let me give you a definition.
[56:34.000 --> 56:38.000]  Equitable tolling is a principle of law stating that a statute of limitations
[56:38.000 --> 56:45.000]  shall not bar a claim in cases where the plaintiff, despite use of due diligence,
[56:45.000 --> 56:54.000]  could not or did not discover the injury until after the expiration of the limitations period.
[56:54.000 --> 56:58.000]  Well, and they say that, and I've read that,
[56:58.000 --> 57:07.000]  but I've also read that there are specific circumstances and other circumstances
[57:07.000 --> 57:14.000]  that can lead to a second cause for equitable tolling.
[57:14.000 --> 57:25.000]  So in other words, say you were arrested, say, you know, 15, 20 years ago.
[57:25.000 --> 57:34.000]  You had two years to bring a tort claim, and of course you passed that date now,
[57:34.000 --> 57:35.000]  your time bar.
[57:35.000 --> 57:42.000]  So now you go along, and so this is one thing that Oregon is famous for.
[57:42.000 --> 57:50.000]  You had a parking ticket 30 years ago like that old lady, that elderly woman did.
[57:50.000 --> 57:52.000]  She had a parking ticket from 30 years ago,
[57:52.000 --> 57:57.000]  so they arrested her on the parking ticket from 30 years ago.
[57:57.000 --> 58:00.000]  Wow.
[58:00.000 --> 58:01.000]  Okay, wait, hang on.
[58:01.000 --> 58:03.000]  We're about to go to break.
[58:03.000 --> 58:05.000]  This is Randy Kelton, Deborah Stevens, Rural Bar Radio,
[58:05.000 --> 58:07.000]  and this is the Top of the Hour Break,
[58:07.000 --> 58:12.000]  so it's a good time to go to Logos Radio Network and look at our sponsors.
[58:12.000 --> 58:14.000]  We've got a number of sponsors.
[58:14.000 --> 58:19.000]  We've got some new ones lately, and see if they have anything that you could use.
[58:19.000 --> 58:24.000]  If you use our sponsors, it helps support this network.
[58:24.000 --> 58:29.000]  For the most part, Deborah and I and the other hosts support this out of our own pockets,
[58:29.000 --> 58:31.000]  and sometimes it stretches us thin.
[58:31.000 --> 58:34.000]  We can use all the help we can get.
[58:34.000 --> 58:39.000]  This is Rural Bar Radio, call it number 512-646-1984.
[58:39.000 --> 58:50.000]  We'll be right back.
[58:50.000 --> 58:54.000]  The Bible remains the most popular book in the world,
[58:54.000 --> 58:58.000]  yet countless readers are frustrated because they struggle to understand it.
[58:58.000 --> 59:02.000]  Some new translations try to help by simplifying the text,
[59:02.000 --> 59:07.000]  but in the process can compromise the profound meaning of the Scripture.
[59:07.000 --> 59:09.000]  Enter the Recovery Version.
[59:09.000 --> 59:13.000]  First, this new translation is extremely faithful and accurate,
[59:13.000 --> 59:18.000]  but the real story is the more than 9,000 explanatory footnotes.
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[59:22.000 --> 59:28.000]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
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[59:44.000 --> 59:48.000]  or by ordering online at freestudybible.com.
[59:48.000 --> 59:53.000]  That's freestudybible.com.
[59:53.000 --> 01:00:03.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.000 --> 01:00:07.000]  The following use flash is brought to you by the Lone Star Lowdown,
[01:00:07.000 --> 01:00:10.000]  providing your jelly bulletins for the commodity market.
[01:00:10.000 --> 01:00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:23.000 --> 01:00:29.000]  Markets for the 28th of October, 2015 opened up with gold at $1,156.35 an ounce,
[01:00:29.000 --> 01:00:34.000]  silver $15.75 an ounce, Texas crude $43.20 a barrel,
[01:00:34.000 --> 01:00:43.000]  and Bitcoin is currently sitting at about $300 US currency.
[01:00:43.000 --> 01:00:47.000]  Today in history, Wednesday, October 28, 1948,
[01:00:47.000 --> 01:00:50.000]  the Provisional Council of the State of Israel voted unanimously
[01:00:50.000 --> 01:00:58.000]  to adopt the Zionist flag for the official flag of the State of Israel.
[01:00:58.000 --> 01:01:02.000]  In recent use, the results of the National Assessment on Educational Progress, or the NAEP,
[01:01:02.000 --> 01:01:06.000]  was released, and they suggest that only about a third of the nation's eighth graders
[01:01:06.000 --> 01:01:08.000]  were able or above able in math and reading.
[01:01:08.000 --> 01:01:11.000]  Among fourth graders, the results were slightly better in reading and math.
[01:01:11.000 --> 01:01:14.000]  Only about two in five scored competent or even better.
[01:01:14.000 --> 01:01:19.000]  Education Secretary Arne Duncan urged parents, teachers, and others not to panic about the scores,
[01:01:19.000 --> 01:01:28.000]  as states embrace higher academic standards such as Common Core.
[01:01:28.000 --> 01:01:32.000]  The Federal Reserve Bank held off on their planned interest rate increase last month,
[01:01:32.000 --> 01:01:37.000]  citing negative global economic factors, financial market volatility, and low inflation.
[01:01:37.000 --> 01:01:42.000]  However, 13 of 17 Fed policymakers still project that the privatized central bank
[01:01:42.000 --> 01:01:44.000]  will raise its rates before the year is out.
[01:01:44.000 --> 01:01:47.000]  Fed Chair Janet Yellen and New York Fed Chair William Dudley
[01:01:47.000 --> 01:01:50.000]  are a few of the key Fed policymakers who have recently stated
[01:01:50.000 --> 01:01:53.000]  that they still expect to lift rates in 2015.
[01:01:53.000 --> 01:01:55.000]  Economists, on the other hand, are saying that there's little to no chance
[01:01:55.000 --> 01:02:07.000]  the Federal Reserve will hike rates for the first time in almost a decade.
[01:02:07.000 --> 01:02:11.000]  The Richland County Sheriff's Office announced that the school resource deputy Ben Fields,
[01:02:11.000 --> 01:02:14.000]  who was captured on cell phone video as he threw a female student across the room
[01:02:14.000 --> 01:02:18.000]  at Spring Valley High in South Carolina, has been terminated from his job.
[01:02:18.000 --> 01:02:21.000]  Sheriff Leon Lott said that the officer's actions were, quote,
[01:02:21.000 --> 01:02:25.000]  not based on training or acceptable. Deputy Fields did not follow proper training
[01:02:25.000 --> 01:02:27.000]  or procedure when he threw the student across the room.
[01:02:27.000 --> 01:02:31.000]  It's not what I expect from my deputies or what I tolerate from my deputies.
[01:02:31.000 --> 01:02:35.000]  We have to put responsibility on her for disrupting the school and disrupting the class,
[01:02:35.000 --> 01:02:38.000]  but what she did does not justify what our deputy did.
[01:02:38.000 --> 01:02:53.000]  The Lone Star Lowdown is currently looking for sponsors, so if you have a product or service you'd like to advertise with us, feel free to give us a call at 210-363-2257.
[01:02:53.000 --> 01:03:18.000]  This has been your Lowdown for October 28, 2015.
[01:03:18.000 --> 01:03:25.000]  Okay, we are back. We're on the Kelton Google Radio and we're talking to Steve in Washington.
[01:03:25.000 --> 01:03:29.000]  Jan, Charles, Andrew, we'll get to everybody.
[01:03:29.000 --> 01:03:33.000]  Okay, Steve. Steve. Yes, Steve.
[01:03:33.000 --> 01:03:37.000]  Equitable tolling.
[01:03:37.000 --> 01:03:43.000]  Okay, how are you getting to equitable tolling?
[01:03:43.000 --> 01:03:48.000]  Oh, I guess you can. You sound better if I unmute you.
[01:03:48.000 --> 01:03:53.000]  Go ahead. I'm sorry. I didn't have you unmuted.
[01:03:53.000 --> 01:04:07.000]  Well, I think that here's an interesting case where the woman was arrested 30 years later on a parking ticket.
[01:04:07.000 --> 01:04:14.000]  I'm wondering how do they get to 30 years later?
[01:04:14.000 --> 01:04:17.000]  Okay, there is no equitable tolling.
[01:04:17.000 --> 01:04:30.000]  Well, actually, if a warrant was issued, as far as I know, the warrant doesn't expire.
[01:04:30.000 --> 01:04:43.000]  Well, from what I understand, a judicial warrant will expire, but from what I've seen of their warrants in particular,
[01:04:43.000 --> 01:04:54.000]  their notices of warrant, so there's no complaint behind them and they're unsworn.
[01:04:54.000 --> 01:05:07.000]  They're just these notices and they go from an administrative tribunal to a judicial officer, a sheriff.
[01:05:07.000 --> 01:05:09.000]  What state is this in?
[01:05:09.000 --> 01:05:12.000]  This would be Oregon.
[01:05:12.000 --> 01:05:19.000]  In Oregon, is a traffic violation civil or criminal?
[01:05:19.000 --> 01:05:27.000]  Civil, like Washington, and they have agreements on certain things.
[01:05:27.000 --> 01:05:37.000]  When they file a warrant, is the warrant based on failure to appear?
[01:05:37.000 --> 01:05:54.000]  I think, I'm not sure if they file a failure to appear. I know Washington does file a warrant, a notice of warrant for failure to appear.
[01:05:54.000 --> 01:06:01.000]  Yeah, because failure to appear is criminal and that's the way they do it in Texas.
[01:06:01.000 --> 01:06:08.000]  They said that one expires after four years, that warrant expires.
[01:06:08.000 --> 01:06:11.000]  Oh, okay.
[01:06:11.000 --> 01:06:25.000]  So that means that the criminal warrant expires, but the civil or equity warrant, they keep in perpetuity, I imagine.
[01:06:25.000 --> 01:06:36.000]  Well, the claim, the civil claim may not expire, but the warrant that would authorize an arrest would expire.
[01:06:36.000 --> 01:06:48.000]  Right, and then they have, here's the thing is, I'm wondering if the claim doesn't expire.
[01:06:48.000 --> 01:07:02.000]  Okay, now if you look at your tort claims act, it's two years, so somehow their tort claims never expire.
[01:07:02.000 --> 01:07:14.000]  That's interesting. Is there a special statute that applies to their civil claims in perpetuity?
[01:07:14.000 --> 01:07:25.000]  You know, I don't know, but as far as I know, I mean, I think it's just all administrative that this used to end up in this system.
[01:07:25.000 --> 01:07:35.000]  But the whole thing is, though, is that I'm thinking that say if they arrested somebody and then they didn't show up.
[01:07:35.000 --> 01:07:47.000]  Now you're out, say, 10 or 20 years later, they arrest you on the failure to appear 20 years later.
[01:07:47.000 --> 01:07:55.000]  So now you should be able to toll that claim because they're going to toll it.
[01:07:55.000 --> 01:08:00.000]  Okay, wait a minute. I'm not sure what you're meaning by toll the claim.
[01:08:00.000 --> 01:08:05.000]  In other words, the time where it should have expired.
[01:08:05.000 --> 01:08:11.000]  Who is tolling the claim, the plaintiff or the defendant?
[01:08:11.000 --> 01:08:18.000]  Well, I'm thinking that the plaintiff somehow tolls it.
[01:08:18.000 --> 01:08:29.000]  But on the other hand, then how can the defendant come back and toll a claim for a civil rights violation?
[01:08:29.000 --> 01:08:41.000]  Well, if the warrant expired in four years for failure to appear, then the warrant itself was invalid.
[01:08:41.000 --> 01:08:43.000]  And now she has a false imprisonment claim.
[01:08:43.000 --> 01:08:52.000]  And that's one of the claims for which municipalities waive their sovereign immunity.
[01:08:52.000 --> 01:08:53.000]  Yeah.
[01:08:53.000 --> 01:09:01.000]  So this is pretty straightforward. She can sue them for false imprisonment.
[01:09:01.000 --> 01:09:10.000]  But on the first claim where, say, she's arrested, but then now 20 years later,
[01:09:10.000 --> 01:09:19.000]  they come back arrested for failure to appear on the same claim.
[01:09:19.000 --> 01:09:25.000]  But there was never a judicial order, no complaint or indictment.
[01:09:25.000 --> 01:09:30.000]  That's straightforward false imprisonment.
[01:09:30.000 --> 01:09:31.000]  Yeah, I would think so.
[01:09:31.000 --> 01:09:40.000]  I would think that that would be toll, you could apply ex parte, to toll that to the first claim.
[01:09:40.000 --> 01:09:43.000]  Okay. Tolling doesn't apply at all here.
[01:09:43.000 --> 01:09:50.000]  But if the warrant expires in four years or six years, then there is no warrant.
[01:09:50.000 --> 01:09:54.000]  There's a document that looks like a warrant, but it's toilet paper.
[01:09:54.000 --> 01:10:00.000]  So they arrested her without authority and her claim starts when she's arrested.
[01:10:00.000 --> 01:10:07.000]  So you generally have a year to make a claim on false imprisonment.
[01:10:07.000 --> 01:10:11.000]  Yeah.
[01:10:11.000 --> 01:10:15.000]  I can't see how they can prosecute her on a civil issue 30 years later.
[01:10:15.000 --> 01:10:21.000]  It's very unlikely that they would even try because she'd have to be faced by her accuser
[01:10:21.000 --> 01:10:25.000]  and a good chance her accuser is long gone.
[01:10:25.000 --> 01:10:31.000]  Well, here's the thing is that they use this thing called the Warrant Strike Task Force.
[01:10:31.000 --> 01:10:37.000]  And they go out and they just go find these addresses where they have these old warrants from years ago.
[01:10:37.000 --> 01:10:42.000]  And then, you know, they bust in and drag you out.
[01:10:42.000 --> 01:10:50.000]  And so I'm wondering, like, if they have these civil claims on the Warrant Strike Task Force
[01:10:50.000 --> 01:10:58.000]  and they're getting people from there 15 to 20 years later, I don't know.
[01:10:58.000 --> 01:11:02.000]  How can they do that on a civil complaint, you know?
[01:11:02.000 --> 01:11:06.000]  I thought, you know, it would be really nice if I could go out with a gun and a baton
[01:11:06.000 --> 01:11:11.000]  and collect money that people owed me.
[01:11:11.000 --> 01:11:15.000]  Doesn't that sound ridiculous?
[01:11:15.000 --> 01:11:21.000]  You're operating under the presupposition that these guys follow law.
[01:11:21.000 --> 01:11:23.000]  They don't.
[01:11:23.000 --> 01:11:25.000]  They absolutely do not.
[01:11:25.000 --> 01:11:28.000]  They could care less what the law says.
[01:11:28.000 --> 01:11:31.000]  And we talk about that here all the time.
[01:11:31.000 --> 01:11:35.000]  The law is just kind of a guideline.
[01:11:35.000 --> 01:11:37.000]  It's all about politics.
[01:11:37.000 --> 01:11:39.000]  These guys are all about collecting money.
[01:11:39.000 --> 01:11:42.000]  What they need is a RICO suit.
[01:11:42.000 --> 01:11:49.000]  Or the woman who was arrested could file a private attorney general suit.
[01:11:49.000 --> 01:11:57.000]  Or she files in her behalf and in the behalf of all others similarly situated.
[01:11:57.000 --> 01:11:59.000]  Yeah.
[01:11:59.000 --> 01:12:01.000]  That's just terrible.
[01:12:01.000 --> 01:12:09.000]  If that was as terrible as it gets, I would be real happy.
[01:12:09.000 --> 01:12:17.000]  But it is much, much worse than that, unfortunately.
[01:12:17.000 --> 01:12:18.000]  Okay.
[01:12:18.000 --> 01:12:19.000]  Okay.
[01:12:19.000 --> 01:12:21.000]  I do have a full Board of Colleges.
[01:12:21.000 --> 01:12:23.000]  I do need to move along.
[01:12:23.000 --> 01:12:27.000]  Do you have anything else for us, Steve?
[01:12:27.000 --> 01:12:29.000]  No, I think I did, but I forgot.
[01:12:29.000 --> 01:12:32.000]  So I'll have to talk to you later on.
[01:12:32.000 --> 01:12:33.000]  Okay.
[01:12:33.000 --> 01:12:35.000]  That's going to get worse as you get older.
[01:12:35.000 --> 01:12:37.000]  I can attest to that.
[01:12:37.000 --> 01:12:38.000]  Okay.
[01:12:38.000 --> 01:12:39.000]  Thank you, Steve.
[01:12:39.000 --> 01:12:40.000]  Yeah.
[01:12:40.000 --> 01:12:42.000]  Now we're going to go to Jan, a first-time caller.
[01:12:42.000 --> 01:12:44.000]  Jan in Arizona.
[01:12:44.000 --> 01:12:46.000]  Hello, Ms. Jan.
[01:12:46.000 --> 01:12:49.000]  What can we do for you today?
[01:12:49.000 --> 01:12:50.000]  Hi there, Randy.
[01:12:50.000 --> 01:12:52.000]  Jan handed me the phone.
[01:12:52.000 --> 01:12:55.000]  She's kind of uncomfortable about talking on the phone about this.
[01:12:55.000 --> 01:12:56.000]  My name is Leonard.
[01:12:56.000 --> 01:13:01.000]  I emailed you a few days back, and you suggested we call in about this.
[01:13:01.000 --> 01:13:05.000]  We've got a foreclosure issue here that seems to be right up your alley,
[01:13:05.000 --> 01:13:08.000]  and it's kicking our behinds.
[01:13:08.000 --> 01:13:14.000]  A loan was taken out on the equity of the house by a friend, a roommate,
[01:13:14.000 --> 01:13:18.000]  and she bailed on the loan, and they repo'd the house.
[01:13:18.000 --> 01:13:25.000]  The house was taken in an unlawful detainer, an eviction action.
[01:13:25.000 --> 01:13:30.000]  When Jan showed up in court at the preliminary hearing,
[01:13:30.000 --> 01:13:36.000]  the judge refused to see her filed documents, her pleadings.
[01:13:36.000 --> 01:13:40.000]  He said he didn't have them, and he said so on the court record,
[01:13:40.000 --> 01:13:43.000]  on the transcripts, too.
[01:13:43.000 --> 01:13:47.000]  The clerk of the court said that they didn't know where her pleadings were,
[01:13:47.000 --> 01:13:51.000]  so she tried to hand the judge her copy.
[01:13:51.000 --> 01:13:55.000]  She had a spare copy, and he refused to read them,
[01:13:55.000 --> 01:14:01.000]  and he said he knew enough about the case to rule in favor of FNMA, Fannie Mae,
[01:14:01.000 --> 01:14:05.000]  and ruled that the house should go to them.
[01:14:05.000 --> 01:14:11.000]  In her pleadings, she asked for a trial, a jury trial, and in Arizona law,
[01:14:11.000 --> 01:14:17.000]  if somebody in an unlawful detainer action requests a trial,
[01:14:17.000 --> 01:14:22.000]  it shall be granted, is what the law says, so they're denying her due process.
[01:14:22.000 --> 01:14:28.000]  I think they are guilty of secreting documents, as you mentioned earlier tonight as well.
[01:14:28.000 --> 01:14:36.000]  Okay. You need to look up official misconduct in Arizona law.
[01:14:36.000 --> 01:14:38.000]  Official misconduct, okay?
[01:14:38.000 --> 01:14:42.000]  Yes. In most states, it's called official misconduct.
[01:14:42.000 --> 01:14:46.000]  In the Fed, it's called official misconduct.
[01:14:46.000 --> 01:14:50.000]  In the Fed, it's 18 U.S. Code 242.
[01:14:50.000 --> 01:14:56.000]  In Texas, it's 39.03, and the verbiage is almost exactly the same,
[01:14:56.000 --> 01:15:00.000]  and most states have picked it up.
[01:15:00.000 --> 01:15:06.000]  So do a search for Arizona law official misconduct.
[01:15:06.000 --> 01:15:11.000]  Official misconduct, if a public official acting under the color
[01:15:11.000 --> 01:15:16.000]  or pretense of an official capacity exerts or purports to exert an authority
[01:15:16.000 --> 01:15:21.000]  he does not expressly have or fails to perform a duty he's required to perform
[01:15:21.000 --> 01:15:26.000]  and in the process denies a citizen in the full free access to her enjoyment of right,
[01:15:26.000 --> 01:15:29.000]  that's a crime in every state.
[01:15:29.000 --> 01:15:33.000]  And that should get a criminal complaint against the judge.
[01:15:33.000 --> 01:15:37.000]  In addition to something like a 42 U.S. Code 1983...
[01:15:37.000 --> 01:15:41.000]  Yeah, you can do that, but man, that's tough.
[01:15:41.000 --> 01:15:44.000] ...use the state law.
[01:15:44.000 --> 01:15:55.000]  Yeah, what they will say if you do a 1983 suit is that he has absolute immunity.
[01:15:55.000 --> 01:16:04.000]  And what you'll say is he only has absolute immunity when he is acting within scope.
[01:16:04.000 --> 01:16:12.000]  And committing crimes from the bench is not within scope.
[01:16:12.000 --> 01:16:17.000]  But you also asked, did she file an appeal?
[01:16:17.000 --> 01:16:20.000]  Yes, and they kicked it right back down to him
[01:16:20.000 --> 01:16:25.000]  because he hadn't dealt with several of the issues that were in the docket.
[01:16:25.000 --> 01:16:28.000]  There was legal fees...
[01:16:28.000 --> 01:16:32.000]  Whoa, hold on, hold on.
[01:16:32.000 --> 01:16:35.000]  Hang on, we're about to go to break,
[01:16:35.000 --> 01:16:40.000]  but this goes to a difference in Texas law and Arizona law,
[01:16:40.000 --> 01:16:42.000]  and I want to talk about that when we come back.
[01:16:42.000 --> 01:16:45.000]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio,
[01:16:45.000 --> 01:16:49.000]  our call-in number, 512-646-1984.
[01:16:49.000 --> 01:16:51.000]  We'll be right back.
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[01:19:14.000 --> 01:19:40.000]  8K, we are back.
[01:19:40.000 --> 01:19:44.000]  Randy Kelton, Wheelbarrow Radio, and we're talking to...
[01:19:44.000 --> 01:19:46.000]  Not Jen, what was your name?
[01:19:46.000 --> 01:19:48.000]  Leonard.
[01:19:48.000 --> 01:19:52.000]  Leonard.
[01:19:52.000 --> 01:19:55.000]  Leonard, okay, got it.
[01:19:55.000 --> 01:19:58.000]  Okay, we have a...
[01:19:58.000 --> 01:20:06.000]  In Texas, the Justice of the Peace hears eviction issues.
[01:20:06.000 --> 01:20:08.000]  They have exclusive jurisdiction.
[01:20:08.000 --> 01:20:12.000]  And the Justice of the Peace is an inferior court
[01:20:12.000 --> 01:20:17.000]  in that the judge does not have to be learned counsel.
[01:20:17.000 --> 01:20:22.000]  What court hears the case in Arizona?
[01:20:22.000 --> 01:20:27.000]  In Arizona, it was the superior court.
[01:20:27.000 --> 01:20:29.000]  Like district court?
[01:20:29.000 --> 01:20:34.000]  Okay, the court that hears felonies?
[01:20:34.000 --> 01:20:38.000]  It was the superior, it was a civil court,
[01:20:38.000 --> 01:20:40.000]  but it was the superior court.
[01:20:40.000 --> 01:20:45.000]  Okay, so what are the levels of courts in Arizona?
[01:20:45.000 --> 01:20:49.000]  In Texas, we have county court, district court.
[01:20:49.000 --> 01:20:53.000]  In New York, their lowest level court is Supreme Court.
[01:20:53.000 --> 01:20:55.000]  Go figure.
[01:20:55.000 --> 01:20:59.000]  So what level is superior court in Arizona?
[01:20:59.000 --> 01:21:02.000]  The traffic courts, which are the Justice of the Peace's.
[01:21:02.000 --> 01:21:05.000]  Then we have the municipal courts.
[01:21:05.000 --> 01:21:07.000]  And then we have the superior courts,
[01:21:07.000 --> 01:21:10.000]  which are the ones that are just under the Supreme Court.
[01:21:10.000 --> 01:21:15.000]  And the Supreme Court is the appellate court for the state.
[01:21:15.000 --> 01:21:17.000]  Okay, so you don't...
[01:21:17.000 --> 01:21:20.000]  We have a distinction between county and district,
[01:21:20.000 --> 01:21:22.000]  and you apparently don't have that.
[01:21:22.000 --> 01:21:28.000]  You have municipal JP, then superior, and then supreme.
[01:21:28.000 --> 01:21:30.000]  Okay.
[01:21:30.000 --> 01:21:35.000]  This county has its own superior court division,
[01:21:35.000 --> 01:21:38.000]  but those are the ones that are just under the supreme.
[01:21:38.000 --> 01:21:42.000]  Okay, that makes that one a court of record.
[01:21:42.000 --> 01:21:44.000]  And civil cases.
[01:21:44.000 --> 01:21:46.000]  Okay, so that's a court of record.
[01:21:46.000 --> 01:21:49.000]  That judge is learning counsel.
[01:21:49.000 --> 01:21:53.000]  That should get a judicial conduct complaint.
[01:21:53.000 --> 01:21:58.000]  And a criminal complaint, him denying you access to the courts
[01:21:58.000 --> 01:22:00.000]  and refusing to accept your pleadings.
[01:22:00.000 --> 01:22:03.000]  You should file a complaint against the clerk
[01:22:03.000 --> 01:22:06.000]  for failing to maintain the court records.
[01:22:06.000 --> 01:22:08.000]  The clerk you can sue.
[01:22:08.000 --> 01:22:10.000]  Okay.
[01:22:10.000 --> 01:22:12.000]  You should have a good lawsuit against the clerk
[01:22:12.000 --> 01:22:17.000]  or against the county because of the clerk.
[01:22:17.000 --> 01:22:21.000]  Well, we tried to bring a suit against the judge
[01:22:21.000 --> 01:22:23.000]  and the clerk, I think.
[01:22:23.000 --> 01:22:24.000]  Was the clerk included?
[01:22:24.000 --> 01:22:26.000]  Yeah, the clerk was included.
[01:22:26.000 --> 01:22:28.000]  And we went to the appellate court,
[01:22:28.000 --> 01:22:34.000]  and they filed it under something called special actions.
[01:22:34.000 --> 01:22:39.000]  Now, they have made some statutory equivalents
[01:22:39.000 --> 01:22:45.000]  to the mandamus and certiorari filings that are common law.
[01:22:45.000 --> 01:22:47.000]  And under those headings,
[01:22:47.000 --> 01:22:49.000]  they put those things into a special court
[01:22:49.000 --> 01:22:51.000]  that is called special actions.
[01:22:51.000 --> 01:22:57.000]  But the courts waived their jurisdiction and refused to hear the case
[01:22:57.000 --> 01:22:59.000]  because it was against an official
[01:22:59.000 --> 01:23:05.000]  and apparently they are exhibiting their immunity.
[01:23:05.000 --> 01:23:08.000]  They don't want to let anybody sue one of their own, I suppose.
[01:23:08.000 --> 01:23:11.000]  That's what they try to do.
[01:23:11.000 --> 01:23:15.000]  You've got to make the right claim when you're going after an official.
[01:23:15.000 --> 01:23:20.000]  What you can do is go after the county
[01:23:20.000 --> 01:23:25.000]  where the official may have immunity, have official immunity.
[01:23:25.000 --> 01:23:28.000]  The county will only have derivative immunity.
[01:23:28.000 --> 01:23:37.000]  And in this case, since the judge acted outside scope,
[01:23:37.000 --> 01:23:41.000]  you have a claim, even if they won't allow it against the judge,
[01:23:41.000 --> 01:23:45.000]  you still have a claim against the county.
[01:23:45.000 --> 01:23:48.000]  Okay, and he also acted outside of jurisdiction.
[01:23:48.000 --> 01:23:52.000]  We challenged subject matter jurisdiction
[01:23:52.000 --> 01:23:57.000]  and the plaintiffs did not respond by bringing forth the note.
[01:23:57.000 --> 01:24:01.000]  And he actually said that they did not respond in an order.
[01:24:01.000 --> 01:24:04.000]  And he also said that the owners of the property,
[01:24:04.000 --> 01:24:07.000]  Jan and DP, did not have any standing
[01:24:07.000 --> 01:24:10.000]  and ordered them to not file any more pleadings.
[01:24:10.000 --> 01:24:13.000]  That says that they were not allowed to file any more pleadings in the case.
[01:24:13.000 --> 01:24:17.000]  And that's when they went to the appellate court with the special action.
[01:24:17.000 --> 01:24:19.000]  And he acted.
[01:24:19.000 --> 01:24:23.000]  He made rulings after subject matter had been challenged
[01:24:23.000 --> 01:24:28.000]  and had not been proven, and he made more rulings.
[01:24:28.000 --> 01:24:34.000]  Did you sue based on subject matter jurisdiction?
[01:24:34.000 --> 01:24:38.000]  Would that be a separate lawsuit or all bundled into one, do you think?
[01:24:38.000 --> 01:24:42.000]  That probably should have been in your initial suit,
[01:24:42.000 --> 01:24:44.000]  but you can still refile.
[01:24:44.000 --> 01:24:49.000]  You can challenge his ruling under lack of subject matter jurisdiction,
[01:24:49.000 --> 01:24:54.000]  and when a judge acts outside without subject matter jurisdiction,
[01:24:54.000 --> 01:24:56.000]  he has no immunity.
[01:24:56.000 --> 01:25:02.000]  So who can challenge his ruling against, in the superior court or in the...
[01:25:02.000 --> 01:25:04.000]  Yes.
[01:25:04.000 --> 01:25:06.000]  I doubt that you could...
[01:25:06.000 --> 01:25:11.000]  It depends on where you would sue a judge.
[01:25:11.000 --> 01:25:16.000]  I would suggest that you sue the county.
[01:25:16.000 --> 01:25:20.000]  They'll be easier to sue than the judge.
[01:25:20.000 --> 01:25:25.000]  The appellate court's not going to be so inclined to protect the county
[01:25:25.000 --> 01:25:29.000]  as they are to protect one of their own judges.
[01:25:29.000 --> 01:25:32.000]  So that would be where we would put this in, at the appellate court?
[01:25:32.000 --> 01:25:34.000]  Yes.
[01:25:34.000 --> 01:25:36.000]  Put it in the appellate court or sue the county.
[01:25:36.000 --> 01:25:37.000]  Well, I'm not sure.
[01:25:37.000 --> 01:25:39.000]  It depends on Arizona law.
[01:25:39.000 --> 01:25:46.000]  Arizona law will tell you, probably you'll file it with a superior court.
[01:25:46.000 --> 01:25:49.000]  It's a civil lawsuit for the most part.
[01:25:49.000 --> 01:25:51.000]  The appellate court, if that were the proper venue?
[01:25:51.000 --> 01:25:55.000]  Yeah, if they don't like the venue, then they'll raise that objection
[01:25:55.000 --> 01:25:58.000]  and that'll tell you where to file it.
[01:25:58.000 --> 01:26:00.000]  Okay.
[01:26:00.000 --> 01:26:02.000]  But sue the county.
[01:26:02.000 --> 01:26:08.000]  You can sue the county because the judge is an employee of the county.
[01:26:08.000 --> 01:26:13.000]  The county has responded yet superior, so you can sue them.
[01:26:13.000 --> 01:26:16.000]  And the county will have less protection than the judge,
[01:26:16.000 --> 01:26:21.000]  and you can claim that the county acted without subject matter jurisdiction.
[01:26:21.000 --> 01:26:22.000]  Right.
[01:26:22.000 --> 01:26:27.000]  And we also have a law here that I found within our Arizona revised statutes
[01:26:27.000 --> 01:26:31.000]  that's about banks and financial institutions,
[01:26:31.000 --> 01:26:36.000]  and it says that notes that are attached to real estate can only be sold
[01:26:36.000 --> 01:26:40.000]  without recourse, and this note has been sold twice.
[01:26:40.000 --> 01:26:44.000]  The original lending agency sold it to another bank,
[01:26:44.000 --> 01:26:46.000]  and then that bank sold it to Fannie Mae.
[01:26:46.000 --> 01:26:49.000]  Yeah, but were they sold without recourse?
[01:26:49.000 --> 01:26:51.000]  They have to be.
[01:26:51.000 --> 01:26:54.000]  Yeah, but were these in this case?
[01:26:54.000 --> 01:26:57.000]  So while that could be an issue,
[01:26:57.000 --> 01:27:00.000]  you'd have to show that they weren't sold without recourse.
[01:27:00.000 --> 01:27:03.000]  Well, they wouldn't produce them, so we don't know.
[01:27:03.000 --> 01:27:13.000]  We challenged them to show cause, and they just didn't respond.
[01:27:13.000 --> 01:27:17.000]  Did you file a debt validation letter?
[01:27:17.000 --> 01:27:19.000]  Not a debt validation.
[01:27:19.000 --> 01:27:22.000]  Yeah, a debt validation letter.
[01:27:22.000 --> 01:27:24.000]  No, we're unaware of that.
[01:27:24.000 --> 01:27:26.000]  We're total noobs at this.
[01:27:26.000 --> 01:27:28.000]  In the first proceeding,
[01:27:28.000 --> 01:27:31.000]  they didn't even know to object to all the illegal things they were doing
[01:27:31.000 --> 01:27:33.000]  because they didn't know it well enough.
[01:27:33.000 --> 01:27:36.000]  They were just going there thinking the judge would make things right
[01:27:36.000 --> 01:27:38.000]  if they just had to tell their story.
[01:27:38.000 --> 01:27:40.000]  Well, you know how that works.
[01:27:40.000 --> 01:27:47.000]  Well, if the court moved ahead without jurisdiction,
[01:27:47.000 --> 01:27:54.000]  the lawyers on the other side had a duty to give notice to the court,
[01:27:54.000 --> 01:27:59.000]  and by pursuing the case when the court lacked jurisdiction,
[01:27:59.000 --> 01:28:02.000]  that would give you a shot at the lawyers.
[01:28:02.000 --> 01:28:06.000]  They don't have any immunity.
[01:28:06.000 --> 01:28:10.000]  Yeah, the other guy's lawyers didn't even show up in the initial proceedings.
[01:28:10.000 --> 01:28:14.000]  The only people that showed up were the defendants.
[01:28:14.000 --> 01:28:18.000]  There was no lawyer, no plaintiff.
[01:28:18.000 --> 01:28:19.000]  There was a lawyer on the phone.
[01:28:19.000 --> 01:28:23.000]  You should file criminally against the judge.
[01:28:23.000 --> 01:28:26.000]  And what would be the criminal charge?
[01:28:26.000 --> 01:28:33.000]  Official oppression, or in Arizona, it will be official misconduct.
[01:28:33.000 --> 01:28:36.000]  Or official misconduct, whichever it is.
[01:28:36.000 --> 01:28:39.000]  Yeah, for denying you due process, for exerting or purporting to exert an authority
[01:28:39.000 --> 01:28:42.000]  you did not express behalf.
[01:28:42.000 --> 01:28:44.000]  And when he acts without subject matter jurisdiction,
[01:28:44.000 --> 01:28:48.000]  he's impersonating a public official.
[01:28:48.000 --> 01:28:53.000]  Would that be a statutory violation or a constitutional violation, do you think?
[01:28:53.000 --> 01:28:55.000]  Statutory.
[01:28:55.000 --> 01:28:57.000]  Okay, constitutional violations.
[01:28:57.000 --> 01:29:00.000]  You can't bring the Constitution into the court.
[01:29:00.000 --> 01:29:08.000]  A Constitution merely restricts a public official from doing a certain thing.
[01:29:08.000 --> 01:29:12.000]  When a public official does a thing he's forbidden to do,
[01:29:12.000 --> 01:29:18.000]  then you don't go after him with Constitution, you go after him with statute.
[01:29:18.000 --> 01:29:19.000]  Okay.
[01:29:19.000 --> 01:29:21.000]  We've had people say that a judge said,
[01:29:21.000 --> 01:29:26.000]  don't bring the Constitution in my court, and he's right.
[01:29:26.000 --> 01:29:33.000]  You bring the statutory violation, and that would go to official misconduct.
[01:29:33.000 --> 01:29:36.000]  Hang on, Randy Kelton, Groove Law Radio.
[01:29:36.000 --> 01:29:40.000]  I call at number 512-646-1984.
[01:29:40.000 --> 01:29:44.000]  Give us a call, and you might go look at our sponsors.
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[01:30:02.000 --> 01:30:05.000]  Lawyers can tell you that passing the bar exam takes a lot of work,
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[01:30:47.000 --> 01:30:50.000]  Alana Dawson, a law school graduate, was nine months pregnant
[01:30:50.000 --> 01:30:52.000]  on the day of her Illinois bar exam.
[01:30:52.000 --> 01:30:56.000]  She's one tough cookie who whizzed through a three-year law program in two years
[01:30:56.000 --> 01:30:59.000]  and already had two federal clerkships lined up.
[01:30:59.000 --> 01:31:03.000]  So when Dawson felt labor pains on the day of the test, she showed up anyway.
[01:31:03.000 --> 01:31:06.000]  Then halfway through the exam, she went into active labor,
[01:31:06.000 --> 01:31:09.000]  but even mind-blowing agony couldn't stop her.
[01:31:09.000 --> 01:31:12.000]  She finished every question, turned in the test,
[01:31:12.000 --> 01:31:15.000]  then crossed the street to a hospital where she gave birth
[01:31:15.000 --> 01:31:18.000]  to a healthy six-pound baby just two hours later.
[01:31:18.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives,
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[01:31:58.000 --> 01:32:01.000]  Go to RememberBuilding7.org today.
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[01:32:38.000 --> 01:32:42.000]  Mention the crypto show and get $100 off, and we'll donate another $100
[01:32:42.000 --> 01:32:45.000]  to the Logos Radio Network to help continue this programming.
[01:32:45.000 --> 01:32:50.000]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.000 --> 01:32:56.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
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[01:32:58.000 --> 01:33:02.000]  Me and I would actually be kidding about chemtrails.
[01:33:02.000 --> 01:33:12.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:12.000 --> 01:33:31.000]  Yeah, who you want to chip? Who you take me for? Free Tony? Who you want to chip? Me no free Tony. You can't chip me.
[01:33:31.000 --> 01:33:50.000]  Chipping on your mom, chipping on your daddy, chipping on your grandpa and the grammy, chipping on me, chipping on your BAB, chipping on your family, whole family, chipping on your dog and the cat around me, chipping on the beef and you still go EP, chipping on the fish, them all in the sea, chipping on the shark and the whale around me.
[01:33:50.000 --> 01:34:01.000]  Okay, we are back with Randy Kelton Wheelbarrow Radio and we're talking to Leonard in Arizona.
[01:34:01.000 --> 01:34:04.000]  Leonard, do you listen to this show much?
[01:34:04.000 --> 01:34:12.000]  I have been. I've been listening to you for maybe about two months now and I've been going back into the archives and getting some of the old ones.
[01:34:12.000 --> 01:34:14.000]  It's very informative. Thank you.
[01:34:14.000 --> 01:34:26.000]  Okay, well the reason I ask that is have you heard the dissertation on the criminal side, on running the routine on them?
[01:34:26.000 --> 01:34:28.000]  Somewhat.
[01:34:28.000 --> 01:34:41.000]  Okay, we got this great routine that we run. And the first rule is never ask the public official to do anything you actually want them to do.
[01:34:41.000 --> 01:34:46.000]  Only ask him to do things that he's required by law to do as a duty.
[01:34:46.000 --> 01:34:58.000]  Yeah, because if they don't do it, you get to drag out official misconduct, which is a class A misdemeanor in the Fed and in Texas and in most other states I've seen.
[01:34:58.000 --> 01:35:05.000]  Here it's up to a year in jail and $10,000 fines, the next thing to a felony. So it's a pretty big deal.
[01:35:05.000 --> 01:35:10.000]  It's probably a good thing that he's done the things that he has. That kind of gives us an opening, right?
[01:35:10.000 --> 01:35:18.000]  Exactly. Now the judge is not going to be afraid of being prosecuted.
[01:35:18.000 --> 01:35:32.000]  What he's going to be afraid of is this is one of his political enemies will use your complaint as camp and unfetter to ruin his career.
[01:35:32.000 --> 01:35:34.000]  Everything is political.
[01:35:34.000 --> 01:35:40.000]  I once got all of the highest judges in Texas on the criminal side in Texas.
[01:35:40.000 --> 01:35:48.000]  We have two high courts, one for criminal Court of Criminal Appeals, one for civil separate.
[01:35:48.000 --> 01:35:56.000]  Fifteen judges on the Court of Criminal Appeals. I got them all before grand jury over something really, really crappy.
[01:35:56.000 --> 01:36:06.000]  I filed a habeas corpus for a kid in Conroe in jail and the court demanded that I file a motion for leave to file.
[01:36:06.000 --> 01:36:15.000]  And I told the clerk, screw that. This is the great writ, the writ of right. The court has no power to grant or deny leave.
[01:36:15.000 --> 01:36:19.000]  Well, he wouldn't take it without it. It wasn't my fire. I wanted to get this kid out of jail.
[01:36:19.000 --> 01:36:24.000]  So I filed a motion for leave to file. They promptly denied it.
[01:36:24.000 --> 01:36:27.000]  I said, is that fact, Jack?
[01:36:27.000 --> 01:36:34.000]  So following the routine, I made up a criminal complaint against them for official oppression in Texas.
[01:36:34.000 --> 01:36:46.000]  We have official misconduct and official oppression, official misconduct where they misappropriate public funds or public equipment or machinery or something.
[01:36:46.000 --> 01:36:51.000]  If they deny you a right in Texas, it's a special claim of official oppression.
[01:36:51.000 --> 01:36:58.000]  I charged them with official oppression, criminal violation 3903 penal code and took it to the grand jury.
[01:36:58.000 --> 01:37:06.000]  Prosecuting attorney interfered with it. I went to bushwhack the district judge in his courtroom with criminal complaints against the district attorney.
[01:37:06.000 --> 01:37:15.000]  It took a year. And finally, the prosecutor gave my complaints to the grand jury.
[01:37:15.000 --> 01:37:22.000]  And I had told her this was a sister prosecutor, Claire Dawson Brown.
[01:37:22.000 --> 01:37:31.000]  I said, Claire, the code says when you make a complaint against a public official, that you have no discretion. You have to give it to the grand jury.
[01:37:31.000 --> 01:37:34.000]  And that's what my criminal complaints were against her.
[01:37:34.000 --> 01:37:45.000]  I said, look, you didn't agree to this. So it's perfectly acceptable for you to go to the grand jury and argue against indictment.
[01:37:45.000 --> 01:37:55.000]  You get to go in there right in with your white hat and save all those high level judges. You get to be a hero.
[01:37:55.000 --> 01:38:00.000]  I get them presented to the grand jury. That's all I wanted. I didn't want them indicted. I wanted them presented.
[01:38:00.000 --> 01:38:06.000]  Everybody wins here. So she reached to give me the grand jury.
[01:38:06.000 --> 01:38:13.000]  A month and a half later, they only sit for three months. It usually takes them 20 minutes to do an indictment.
[01:38:13.000 --> 01:38:17.000]  I called her. I said, what is going on here? What's the problem with the grand jury?
[01:38:17.000 --> 01:38:24.000]  And she said, Mr. Kelton, I made sure that every grand juror read your entire presentment.
[01:38:24.000 --> 01:38:36.000]  That was 111 pages. My habeas corpus was in there. And I'm thinking, what in the world is going on?
[01:38:36.000 --> 01:38:42.000]  Clearly, she did not go in there and argue against presentment.
[01:38:42.000 --> 01:38:54.000]  Then it dawned on me, Ron Earl. Ron Earl, 25 year district attorney. He's the guy that took out Tom DeLay and he did it illegally.
[01:38:54.000 --> 01:39:03.000]  Tom DeLay, second highest political figure in the country and district attorney in Travis County takes him out of office illegally.
[01:39:03.000 --> 01:39:08.000]  Nobody ever made a complaint against the Tom DeLay.
[01:39:08.000 --> 01:39:13.000]  He's a 25 year district attorney. He's not running for office again.
[01:39:13.000 --> 01:39:18.000]  He's a Democrat. All 15 of these judges are Republicans.
[01:39:18.000 --> 01:39:28.000]  That lowdown scoundrel took my complaints and tried to use them as cannon fodder to take these guys out of office.
[01:39:28.000 --> 01:39:34.000]  I could not have come up with a better scenario.
[01:39:34.000 --> 01:39:39.000]  The grand jury on their last day in office no-billed.
[01:39:39.000 --> 01:39:52.000]  So all 15 of these judges sat there for three months wondering if their career was going to end tomorrow, knowing there was not anything they could do about it.
[01:39:52.000 --> 01:40:04.000]  Now, if you file a habeas corpus in the state of Texas with court of criminal appeals, you're not going to get any crapola about a motion for leave to file.
[01:40:04.000 --> 01:40:08.000]  That was the purpose and it works.
[01:40:08.000 --> 01:40:23.000]  So in your case, while you're filing very specific statutory criminal complaints, you always understand this is not about the law. It's about the politics.
[01:40:23.000 --> 01:40:32.000]  So how can I use my complaints to get the most people PO'd?
[01:40:32.000 --> 01:40:42.000]  It's in the county and the judge is the highest level judge in the county.
[01:40:42.000 --> 01:40:51.000]  You want to take your criminal complaint first to a magistrate and get the magistrate to refuse to take it.
[01:40:51.000 --> 01:40:58.000]  And then you take a complaint against the magistrate to the prosecuting attorney and get him to refuse to act on it.
[01:40:58.000 --> 01:41:10.000]  And you take a complaint against the prosecutor to, since you're making a complaint against this, the highest level judge in the county, you can't go to him.
[01:41:10.000 --> 01:41:19.000]  So now you've got to go to the state. So you take it to your state attorney general and he's going to refuse to act on it.
[01:41:19.000 --> 01:41:27.000]  Then you take the complaint to the chief justice of your Supreme Court.
[01:41:27.000 --> 01:41:32.000]  I suspect that Arizona law is going to be just like Texas law.
[01:41:32.000 --> 01:41:42.000]  And here we have Article 2.09 Code of Criminal Procedure that says who are magistrates?
[01:41:42.000 --> 01:41:58.000]  First one, justices of the Supreme Court, judges of the Court of Criminal Appeals, district judges, county judges, justices of the peace, municipal judges, and recorders, whatever the heck that is.
[01:41:58.000 --> 01:42:02.000]  First one, justices of the Supreme Court.
[01:42:02.000 --> 01:42:04.000]  Pardon me?
[01:42:04.000 --> 01:42:07.000]  We want to start at the bottom with the justice of the peace?
[01:42:07.000 --> 01:42:21.000]  Yes. When you get to the top, you want to be able to demonstrate an ongoing criminal conspiracy to shield public officials from prosecution.
[01:42:21.000 --> 01:42:24.000]  So when they say, did you go here? I went there. Did you go here? I went there.
[01:42:24.000 --> 01:42:32.000]  So yeah, look at this complaint. This is the complaint from where I went there. Did you go to the sheriff's department? Yeah, here's the one against the sheriff.
[01:42:32.000 --> 01:42:41.000]  Did you go to the district attorney? Yeah, here's the one against the district attorney. You've got all those questions answered before they ask them in the string of complaints.
[01:42:41.000 --> 01:42:43.000]  And what this tells them...
[01:42:43.000 --> 01:42:45.000]  Should we involve the sheriff's department in this somehow?
[01:42:45.000 --> 01:42:47.000]  Do what?
[01:42:47.000 --> 01:42:50.000]  Should we involve the sheriff's department somehow in this?
[01:42:50.000 --> 01:42:58.000]  Yeah, I would think the sheriff's department would probably be the first one to go to. Do you have a state police?
[01:42:58.000 --> 01:43:01.000]  Do you have a civil complaint with them?
[01:43:01.000 --> 01:43:10.000]  Okay, if I'm talking and you talk, we have a suppressor on the system so it pushes your voice down under me and I don't hear you at all.
[01:43:10.000 --> 01:43:14.000]  So what was the last statement?
[01:43:14.000 --> 01:43:21.000]  If we go to the sheriff's department, are we going to be filing one of the criminal complaints against the judge?
[01:43:21.000 --> 01:43:29.000]  Yes, yes, yes, yes. And here's what they will say. They're going to want you to fill out a voluntary statement.
[01:43:29.000 --> 01:43:37.000]  Well, you go ahead and fill out the voluntary statement and attach to it a verified criminal affidavit.
[01:43:37.000 --> 01:43:49.000]  Hang on, we'll pick this up on the other side. Randy Kelton, Blue's Law Radio. I call it number 512-646-1984 and we are going to run out of time today.
[01:43:49.000 --> 01:44:00.000]  Okay, hang on, we'll be right back.
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[01:46:23.000 --> 01:46:26.000]  Okay, we are back.
[01:46:26.000 --> 01:46:29.000]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:46:29.000 --> 01:46:32.000]  We're talking to Leonard in Arizona.
[01:46:32.000 --> 01:46:36.000]  And Leonard, can you call back in tomorrow night?
[01:46:36.000 --> 01:46:49.000]  We do a four-hour show and I'd like the opportunity to go through this different paradigm because it is a paradigm shift.
[01:46:49.000 --> 01:46:52.000]  I'll be working.
[01:46:52.000 --> 01:46:57.000]  If I was to have Jan calling, we'd probably like talking to her better anyway.
[01:46:57.000 --> 01:47:00.000]  That way we can tell stories about you.
[01:47:00.000 --> 01:47:03.000]  Okay.
[01:47:03.000 --> 01:47:12.000]  I've got a full board of callers and I only have one segment left.
[01:47:12.000 --> 01:47:23.000]  But you have her calling tomorrow night and we'll go through some of these details on how to think about the political side of this because everything is political.
[01:47:23.000 --> 01:47:29.000]  We have the law there, but you won't win your case simply because you have the law and the facts on your side.
[01:47:29.000 --> 01:47:32.000]  You'll only win your case if you have the politics on your side.
[01:47:32.000 --> 01:47:51.000]  We're going to talk about how to create politics where you get everybody PO'd at everybody else to the point that the guys on the bottom are afraid that the guys on the top are going to use the guys on the bottom as cannon fodder.
[01:47:51.000 --> 01:47:59.000]  And then the only way to get rid of this problem is to give you what you want.
[01:47:59.000 --> 01:48:03.000]  Okay, but I am out of time.
[01:48:03.000 --> 01:48:04.000]  Thank you very much.
[01:48:04.000 --> 01:48:08.000]  I'm sorry, but have Jan call tomorrow night.
[01:48:08.000 --> 01:48:09.000]  Okay.
[01:48:09.000 --> 01:48:10.000]  Thank you.
[01:48:10.000 --> 01:48:11.000]  Thank you.
[01:48:11.000 --> 01:48:12.000]  Okay.
[01:48:12.000 --> 01:48:16.000]  Now we're going to go to George in Colorado, another first time caller.
[01:48:16.000 --> 01:48:18.000]  Hello, George.
[01:48:18.000 --> 01:48:19.000]  Hello.
[01:48:19.000 --> 01:48:20.000]  Hi.
[01:48:20.000 --> 01:48:22.000]  Yeah, I just had a quick question.
[01:48:22.000 --> 01:48:41.000]  I heard you talking about the official oppression statutes in Texas and I looked them up for Colorado and they seem to be pretty much the same except they have this little closet that if they do these things while they know they're illegal.
[01:48:41.000 --> 01:48:43.000]  So I was wondering if it's effectively neutered.
[01:48:43.000 --> 01:48:46.000]  Okay, they're screwed.
[01:48:46.000 --> 01:48:55.000]  Screws the US, I think it's 93 us code 361. If I remember right.
[01:48:55.000 --> 01:49:00.000]  What it says is
[01:49:00.000 --> 01:49:16.000]  1943. Okay, here it is 325 us 91 1945 case. You got sheriff and two deputies in Mississippi in a bar drinking they're upset at this black guy, they decide to go arrested.
[01:49:16.000 --> 01:49:19.000]  Mark tender tries to talk them out of it. They won't be dissuaded.
[01:49:19.000 --> 01:49:24.000]  They go arrest him and wind up beating him to death on the courthouse steps.
[01:49:24.000 --> 01:49:36.000]  They were prosecuted in the state hate criminally they were sued in the state civilly, and then they were sued in the sad for due process violence or civil rights violations.
[01:49:36.000 --> 01:49:45.000]  They complained in the said that they didn't have noticed that they could be sued, both in the state and in the fed.
[01:49:45.000 --> 01:49:57.000]  And what the court said is that a private citizen cannot claim ignorance of the laws offense prosecution, a public official is held to a much higher standard at 109.
[01:49:57.000 --> 01:50:14.000]  And 325 us code 91 at page 109 it says, if a public official violates a ruling of this court, and he be saying, he may not be heard to say he knows not what he does.
[01:50:14.000 --> 01:50:22.000]  So that particular portion of the statute is not operative.
[01:50:22.000 --> 01:50:25.000]  A public official bylaw.
[01:50:25.000 --> 01:50:27.000]  That was really my only question for now.
[01:50:27.000 --> 01:50:28.000]  Thanks very much.
[01:50:28.000 --> 01:50:35.000]  That's it. He absolutely cannot claim he does not know.
[01:50:35.000 --> 01:50:37.000]  Great. Well, thank you.
[01:50:37.000 --> 01:50:39.000]  You are welcome.
[01:50:39.000 --> 01:50:44.000]  Okay, now we're going to go to Charles in Georgia.
[01:50:44.000 --> 01:50:45.000]  Hello, Charles.
[01:50:45.000 --> 01:50:48.000]  What do you have for us today?
[01:50:48.000 --> 01:50:52.000]  Hey, Randy, just a little bit of a follow up from last week.
[01:50:52.000 --> 01:50:55.000]  I got a chance to get that.
[01:50:55.000 --> 01:50:59.000]  I guess I should let the college know what we're talking about.
[01:50:59.000 --> 01:51:06.000]  Due process violation on the part of them not notifying me.
[01:51:06.000 --> 01:51:14.000]  You're in Georgia, suited Michigan over a paternity issue, a child you didn't know you had.
[01:51:14.000 --> 01:51:23.000]  They're trying to collect child support and they wanted to get the DNA test.
[01:51:23.000 --> 01:51:26.000]  That basically where we're at.
[01:51:26.000 --> 01:51:28.000]  Yep, that's where we are.
[01:51:28.000 --> 01:51:40.000]  So I've sent that notice of removal, let them know I was removing it to the Federal Court of Appeals.
[01:51:40.000 --> 01:51:43.000]  And I think I've sent it to the wrong court.
[01:51:43.000 --> 01:51:50.000]  I think I've sent it to the Sixth Circuit Court of Appeals instead of the district federal court.
[01:51:50.000 --> 01:51:51.000]  Wait, wait, wait.
[01:51:51.000 --> 01:51:53.000]  It doesn't matter what you put on that.
[01:51:53.000 --> 01:52:01.000]  All you put in your removal is you notice the court that this case is removed to the federal court.
[01:52:01.000 --> 01:52:04.000]  And it's not a not a court of appeals.
[01:52:04.000 --> 01:52:06.000]  It removes to a district court.
[01:52:06.000 --> 01:52:17.000]  But it is the duty of the clerk to do the to actually remove what the clerk will do is take all the documents
[01:52:17.000 --> 01:52:25.000]  and the notice of removal and send it to the local federal district clerk.
[01:52:25.000 --> 01:52:32.000]  And the federal district clerk will appoint a judge to hear the case.
[01:52:32.000 --> 01:52:34.000]  Okay.
[01:52:34.000 --> 01:52:38.000]  So it doesn't matter if you put other stuff in there.
[01:52:38.000 --> 01:52:43.000]  If you can't determine where to remove it to, it removes to the district court.
[01:52:43.000 --> 01:52:46.000]  So the clerk whatever you put in there will just send it to the district.
[01:52:46.000 --> 01:52:48.000]  The local district clerk.
[01:52:48.000 --> 01:52:50.000]  And they will assign a judge.
[01:52:50.000 --> 01:52:55.000]  And then you can move for a change of venue.
[01:52:55.000 --> 01:53:04.000]  If they assign it to a court in Michigan, you can move for change of venue.
[01:53:04.000 --> 01:53:05.000]  Okay.
[01:53:05.000 --> 01:53:07.000]  So I'll just wait on that.
[01:53:07.000 --> 01:53:14.000]  I'll just wait on that because they're going to have to they still haven't notified me correctly anyway.
[01:53:14.000 --> 01:53:16.000]  So I gave them the right address.
[01:53:16.000 --> 01:53:18.000]  They can notify me correctly.
[01:53:18.000 --> 01:53:22.000]  At some point during this process, I hope they notify me correctly.
[01:53:22.000 --> 01:53:24.000]  Phone calls do not suffice.
[01:53:24.000 --> 01:53:25.000]  Right.
[01:53:25.000 --> 01:53:27.000]  Phone calls don't make it.
[01:53:27.000 --> 01:53:33.000]  It has to be written and they have to be able to prove they gave you notice.
[01:53:33.000 --> 01:53:34.000]  Yeah.
[01:53:34.000 --> 01:53:46.000]  But since you filed a removal, notice may now be moot because you have constructive notice.
[01:53:46.000 --> 01:53:57.000]  But any decision to determinations that took place in the interim will necessarily be void.
[01:53:57.000 --> 01:54:01.000]  Because the courts are going to come to you and say, well, Charles,
[01:54:01.000 --> 01:54:07.000]  if you didn't know about the case, how did you know to remove it?
[01:54:07.000 --> 01:54:11.000]  So notice is about you finding out about the case.
[01:54:11.000 --> 01:54:13.000]  So you have constructive notice.
[01:54:13.000 --> 01:54:22.000]  And by filing an action in the court, you essentially waived the notice issue.
[01:54:22.000 --> 01:54:32.000]  But you didn't waive an objection to any decisions that were made prior to you having constructive notice.
[01:54:32.000 --> 01:54:37.000]  Does that make sense, Charles?
[01:54:37.000 --> 01:54:38.000]  No.
[01:54:38.000 --> 01:54:45.000]  But I probably should have called them out because I couldn't have more guys lit up here.
[01:54:45.000 --> 01:54:46.000]  Wait a minute.
[01:54:46.000 --> 01:54:47.000]  You kind of broke up there.
[01:54:47.000 --> 01:54:49.000]  Say that again.
[01:54:49.000 --> 01:54:56.000]  I said, yeah, no, that doesn't make sense.
[01:54:56.000 --> 01:55:05.000]  So your rights will be protected because any determinations that were made by the court are now void.
[01:55:05.000 --> 01:55:09.000]  You can claim lack of notice on those determinations.
[01:55:09.000 --> 01:55:22.000]  And almost any time you have a default judgment, a ruling rendered ex parte, a challenge to the ruling based on lack of notice
[01:55:22.000 --> 01:55:30.000]  will almost always be overturned without much objection.
[01:55:30.000 --> 01:55:37.000]  Seventy-five percent of all default judgments are reversed, and the vast majority are reversed for lack of notice.
[01:55:37.000 --> 01:55:45.000]  That's not hard to get things turned over, especially when you've removed it to the federal court.
[01:55:45.000 --> 01:55:48.000]  Okay.
[01:55:48.000 --> 01:55:55.000]  And the first challenge you should have is a 12b6 challenge.
[01:55:55.000 --> 01:56:00.000]  Research 12b6.
[01:56:00.000 --> 01:56:07.000]  Is there failure to make a claim on which recovery can be had?
[01:56:07.000 --> 01:56:09.000]  Okay.
[01:56:09.000 --> 01:56:24.000]  Anymore, since Ascroft-Tombly and Iqbal, since those two cases, a 12b6 is just a matter of course.
[01:56:24.000 --> 01:56:34.000]  We've never filed except one, got a 12b6 immediately.
[01:56:34.000 --> 01:56:35.000]  Wow.
[01:56:35.000 --> 01:56:36.000]  Okay.
[01:56:36.000 --> 01:56:37.000]  All right.
[01:56:37.000 --> 01:56:41.000]  And what were those two cases that you just said?
[01:56:41.000 --> 01:56:43.000]  Iqbal-Tombly.
[01:56:43.000 --> 01:56:52.000]  Just look up rule 12b6, and you'll get hits right on that.
[01:56:52.000 --> 01:57:01.000]  Or look up a motion to dismiss for failure to state a claim federal, and you'll get a sample motion.
[01:57:01.000 --> 01:57:13.000]  And right at the beginning in the motion, they'll quote Iqbal and Ascroft-Tombly.
[01:57:13.000 --> 01:57:21.000]  They'll quote them in the context of the rulings, so you won't have to look any of that up.
[01:57:21.000 --> 01:57:26.000]  That's where you pull out your plagiarist skills.
[01:57:26.000 --> 01:57:28.000]  Right, right.
[01:57:28.000 --> 01:57:31.000]  Excellent.
[01:57:31.000 --> 01:57:37.000]  Well, that is what I was calling for, so I appreciate that.
[01:57:37.000 --> 01:57:39.000]  I don't have anything else for the night, man.
[01:57:39.000 --> 01:57:44.000]  It was an excellent show tonight, and I appreciate everything that you do there at Rule of Law.
[01:57:44.000 --> 01:57:45.000]  Okay.
[01:57:45.000 --> 01:57:47.000]  Thank you very much.
[01:57:47.000 --> 01:57:51.000]  And we have one more caller, Andrew, but we've only got one minute left.
[01:57:51.000 --> 01:57:54.000]  I'm sorry, Andrew, and you've been holding on all night.
[01:57:54.000 --> 01:57:56.000]  I apologize.
[01:57:56.000 --> 01:58:02.000]  Tonight, for some reason, we had a really full board of callers right from the beginning.
[01:58:02.000 --> 01:58:06.000]  And can you call back tomorrow night?
[01:58:06.000 --> 01:58:11.000]  I'll make sure I bring you up early to make up your having to wait.
[01:58:11.000 --> 01:58:13.000]  Thank you for your patience, Andrew.
[01:58:13.000 --> 01:58:19.000]  Thank you all for listening, and please go to our sponsor page, go to Logos Radio Network,
[01:58:19.000 --> 01:58:25.000]  and look at our sponsors and see if you can help us support this network.
[01:58:25.000 --> 01:58:35.000]  We'll be back tomorrow night on our four-hour info marathon from 8 to midnight, so stay tuned.
[01:58:35.000 --> 01:58:38.000]  Thank you all for listening, and good night.
[01:58:38.000 --> 01:58:50.000]  Thank you.
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