ROL_2015-12-18_16k_Hr1-2.timecode
[00:00.000 --> 00:05.620] The following newsflash is brought to you by the Lone Star of Lowdown, providing your
[00:05.620 --> 00:12.940] deli bulletins for the commodities market, today in history, news updates, and the inside
[00:12.940 --> 00:21.300] scoop into the tides of the alternative.
[00:21.300 --> 00:27.260] Markets for the 16th of December, 2015, opened up with gold at $1,073.08 an ounce, silver
[00:27.260 --> 00:33.800] at $14.16 an ounce, Texas crude at $37.35 a barrel, and Bitcoin is currently sitting
[00:33.800 --> 00:42.640] at about 453 U.S. currency.
[00:42.640 --> 00:48.640] Today in history, Thursday, December 16, 1773, the Sons of Liberty disguised as Mohawk Indians
[00:48.640 --> 00:53.880] board three British East India Tea Company ships and dumped roughly 342 chests of tea
[00:53.880 --> 00:55.240] into the Boston Harbor.
[00:55.240 --> 00:59.860] The Boston Tea Party was the American colonists' response to the British imposed Tea Act of
[00:59.860 --> 01:05.120] 1773.
[01:05.120 --> 01:08.920] In recent news, the Department of Homeland Security activated the National Terrorism
[01:08.920 --> 01:13.300] Advisory System, which replaced the old color-coded terror warnings for the first time since its
[01:13.300 --> 01:15.200] creation in 2011 today.
[01:15.200 --> 01:20.120] The agency is warning the public of self-radicalized actors who could strike with little or no
[01:20.120 --> 01:21.120] notice.
[01:21.120 --> 01:25.440] A statement issued by DHS Secretary Jay Johnson stated that the system will be enforced for
[01:25.440 --> 01:28.520] the next six months until events dictate otherwise.
[01:28.520 --> 01:32.600] Under this new amended advisory system, periodic bulletins will be issued to inform the American
[01:32.600 --> 01:42.280] public of threats or concerns identified by DHS personnel.
[01:42.280 --> 01:45.920] David Edward Abbott, a police detective who once made national news when he took out a
[01:45.920 --> 01:50.280] search warrant, which he never issued, to photograph the genitals of a 17-year-old teen
[01:50.280 --> 01:54.520] for sexting obscene pictures to his 15-year-old girlfriend, barricaded himself in his home
[01:54.520 --> 01:59.000] and shot himself yesterday as Prince William's County police officers tried to serve a warrant
[01:59.000 --> 02:04.160] charging him with indecent liberties and using a communication device to solicit sexual offenses
[02:04.160 --> 02:05.160] from minors.
[02:05.160 --> 02:09.640] Evidence shows Abbott soliciting sexual acts by phone, text, social media, and email for
[02:09.640 --> 02:14.160] more than two years from 13-year-old boy who he met while coaching for a local hockey league,
[02:14.160 --> 02:18.120] apparently not the only 13-year-old boy who was solicited with their being disclosed another
[02:18.120 --> 02:20.760] victim of harassment back in 2009.
[02:20.760 --> 02:24.960] As irony would have it, David Abbott served on a task force that investigates crimes against
[02:24.960 --> 02:25.960] children.
[02:25.960 --> 02:33.660] Kyung Soo Lim, pastor at the Light Korean Presbyterian Church in Toronto, was sentenced by North
[02:33.660 --> 02:37.800] Korea's Supreme Court to life in prison with hard labor today for what it's calling crimes
[02:37.800 --> 02:38.800] against the state.
[02:38.800 --> 02:43.120] He's been in detention since February, and state prosecutors were seeking the death penalty
[02:43.120 --> 02:46.920] for such frivolous charges as harming the dignity of the supreme leader, attempting
[02:46.920 --> 02:50.440] to use religion to destroy the North Korean government, disseminating negative propaganda
[02:50.440 --> 02:54.800] about North Korea to Koreans overseas, and for aiding and abetting U.S. and South Korean
[02:54.800 --> 03:22.280] authorities in smuggling North Korean citizens out of
[03:22.280 --> 03:31.880] the country.
[03:31.880 --> 03:37.880] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:37.880 --> 03:42.880] When you were eight and you had bad traits You'd go to school and learn the golden rule
[03:42.880 --> 03:48.880] So why are you acting like a bloody fool? If you get caught then you must get crewed
[03:48.880 --> 03:53.880] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:53.880 --> 03:59.880] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:59.880 --> 04:04.880] You chuck it on that one, you chuck it on this one You chuck it on your mother and you chuck it on that one
[04:29.880 --> 04:34.880] 2018, 2018
[04:34.880 --> 04:37.880] Okay, cut
[04:37.880 --> 04:43.880] We take 17th day of December 2015, we will have a radio
[04:43.880 --> 04:48.880] And I wanted to start out today going over some of the basics
[04:48.880 --> 04:51.880] I need to do that on occasion
[04:51.880 --> 04:56.880] And I'm trying to get some of these basics organized
[04:56.880 --> 05:06.880] in a way so that I can sort of codify them into an e-book
[05:06.880 --> 05:12.880] Because it's hard enough being able to get to the show and hear it enough
[05:12.880 --> 05:22.880] You need to be able to read these because a lot of what we're talking about is really a different paradigm
[05:22.880 --> 05:27.880] A different way of thinking about how things work
[05:27.880 --> 05:30.880] It's not what you were taught in high school
[05:30.880 --> 05:36.880] And these are things that has taken me and other legal reform activists
[05:36.880 --> 05:42.880] a long time and a lot of experience to finally get our heads wrapped around
[05:42.880 --> 05:48.880] And primarily, things are not the way you're taught in high school
[05:48.880 --> 05:55.880] What you're taught in high school is how things ought to be
[05:55.880 --> 06:02.880] But they teach you in high school that how things ought to be are how things actually are
[06:02.880 --> 06:07.880] And they absolutely know that is not the case
[06:07.880 --> 06:15.880] It would be nice if things really were the way they ought to be, but they're not
[06:15.880 --> 06:18.880] They're not that way now, they never have been that way
[06:18.880 --> 06:26.880] And as long as human beings are human beings, things never will be the way they ought to be
[06:26.880 --> 06:30.880] The reason being is human beings are so variable
[06:30.880 --> 06:41.880] Human interests change with not only every person, but every day, every experience
[06:41.880 --> 06:48.880] Our interests and what seems right or wrong to us is volatile
[06:48.880 --> 06:51.880] It depends on circumstances, situations
[06:51.880 --> 06:57.880] So in school they try to teach us there is a set way that things ought to be
[06:57.880 --> 07:02.880] But out here in the real world, everybody has different perspectives
[07:02.880 --> 07:05.880] Everybody has different wants, wishes, goals, needs
[07:05.880 --> 07:10.880] And always there will be push and pull
[07:10.880 --> 07:20.880] I was thinking today about how to address this in a way that made sense
[07:20.880 --> 07:26.880] You know, there's a lot of difficulty now with the Muslims
[07:26.880 --> 07:36.880] And we have Trump saying we ought to, at least for the time being, block entry to all Muslims into this country
[07:36.880 --> 07:49.880] And on the one hand, that sounds rather harsh, but then on the other, depending on your perspective, it doesn't sound so harsh
[07:49.880 --> 07:56.880] If you're a Muslim in this country, and you love this country, and you love this freedom, and you love the American people
[07:56.880 --> 08:04.880] And have absolutely no intention of doing them any harm whatsoever, Trump's way of thinking is very harsh
[08:04.880 --> 08:09.880] But if you're not a Muslim and you're a Christian, and you don't know a lot about the Muslims
[08:09.880 --> 08:16.880] And you look at their belief system, their belief system says, kill the Christians
[08:16.880 --> 08:20.880] And that's not something esoteric, that's exactly what it says
[08:20.880 --> 08:30.880] So should I as a member of this Christian community find it acceptable to allow people in here
[08:30.880 --> 08:35.880] Whose primary belief says they should kill us?
[08:35.880 --> 08:40.880] It's perspective, and perspectives will always be changing
[08:40.880 --> 08:48.880] If we're to understand the world we live in, we first have to understand that it's not about good and evil
[08:48.880 --> 08:54.880] It's not about so much about right and wrong, it's about perspective
[08:54.880 --> 09:01.880] We have to develop a perspective and learn how to maintain a perspective
[09:01.880 --> 09:11.880] And mainly what I tend to talk about here when we're talking about how to achieve remedy, it's mostly about perspective
[09:11.880 --> 09:17.880] Most of the problems we're having with the legal system, they're about perspective
[09:17.880 --> 09:25.880] Our perspective, the perspective of police, the perspective of judges and prosecutors
[09:25.880 --> 09:34.880] If judges, prosecutors and police all followed law, things would be as they should be
[09:34.880 --> 09:42.880] But you get guys who want to be good guys, and they want to help the people around them
[09:42.880 --> 09:47.880] So they become police officers, so they can be the good guy and they can help people
[09:47.880 --> 10:00.880] And they get out here and day in and day out, they either deal with a small element of the population that is just basically criminal
[10:00.880 --> 10:09.880] There is a criminal element, it's not a large amount of the population, but it is a consistent number of the population
[10:09.880 --> 10:17.880] There has always been that element, there always will be, it's not going to go away
[10:17.880 --> 10:22.880] And the police deal with these guys over and over and over and they get hardened
[10:22.880 --> 10:27.880] And then they deal with folks like you and I, ordinary people
[10:27.880 --> 10:33.880] We spend the vast majority of our lives dealing with other ordinary people
[10:33.880 --> 10:40.880] And then on extremely rare occasions, we run into the legal system
[10:40.880 --> 10:48.880] We misengage the length of that yellow light and don't quite get out of the intersection fast enough
[10:48.880 --> 10:51.880] And those red lights come on behind us as well
[10:51.880 --> 10:59.880] We don't have much experience dealing with those red lights and the people behind it carrying those loaded pistols
[10:59.880 --> 11:06.880] So we're not terribly sophisticated in our dealings with these guys
[11:06.880 --> 11:11.880] And we tend not to be on our best behavior
[11:11.880 --> 11:16.880] If we were far more sophisticated, we would be on better behavior
[11:16.880 --> 11:27.880] And I can understand the police, getting chewed out by everybody they stop, getting treated like they're the scum of the earth
[11:27.880 --> 11:32.880] They get jaded, they get frustrated and they lose their perspective
[11:32.880 --> 11:38.880] They begin to think that everybody's a criminal and they begin to treat everybody as if they are criminals
[11:38.880 --> 11:44.880] And then when they pull us over or stop us for any reason, they start treating us like a criminal
[11:44.880 --> 11:50.880] We get all excited and angry and we don't react and respond well
[11:50.880 --> 11:57.880] And we have bad relations when it's just the nature of the human animal
[11:57.880 --> 12:11.880] We respond the way we respond and if we're not very careful, our responses often unintentionally lead to bad outcomes
[12:11.880 --> 12:26.880] So we're talking about, we primarily talk about here, how to hold your mind in a way that keeps you from going to those bad outcomes
[12:26.880 --> 12:36.880] And how to develop a different set of responses, a different way of dealing with public officials
[12:36.880 --> 12:51.880] Now, granted, most of our listening audience listens because they've had encounters with the police or other officials that haven't turned out well
[12:51.880 --> 13:02.880] And they don't want that to happen again, so they come here to look for better ways of handling things
[13:02.880 --> 13:07.880] So you're already interested and that's a good thing
[13:07.880 --> 13:12.880] And, oh good, I'm having a little trouble with my clock today
[13:12.880 --> 13:17.880] Oh good, okay, my clock is up so I don't want to run over and fall off the cliff again
[13:17.880 --> 13:26.880] But we're trying to lay down response sets
[13:26.880 --> 13:39.880] I'm kind of giving away an internal secret, but what you have taught me is that anytime I underestimate my audience
[13:39.880 --> 13:47.880] You always tend to let me know about it and I always wind up wishing I hadn't
[13:47.880 --> 13:51.880] I did a show once where I was going to do due process
[13:51.880 --> 13:56.880] And I told Deborah at the time, I want to do due process, I want to do four hours of due process
[13:56.880 --> 14:02.880] I'm not going to worry about anybody falling behind, I'm going to walk through the code
[14:02.880 --> 14:06.880] And that's so that I have an archive that people can go back to listen to
[14:06.880 --> 14:16.880] So I just walked through the code and went down essentially the habeas corpus I have on Jersey Prudence site
[14:16.880 --> 14:23.880] I got more positive feedback from that show than any show I had ever done
[14:23.880 --> 14:30.880] And frankly I was embarrassed, I had one person call me and say
[14:30.880 --> 14:36.880] I've been talking to you since before you were on the radio
[14:36.880 --> 14:39.880] And that was the first time I really got it
[14:39.880 --> 14:44.880] And I was embarrassed because I had underestimated you, my listener
[14:44.880 --> 14:46.880] So I'm trying not to do that
[14:46.880 --> 14:49.880] I'm going to talk about something
[14:49.880 --> 14:55.880] Most of us have experience with public officials when we're young
[14:55.880 --> 15:05.880] We are commanded by law to experience a certain amount of public schooling
[15:05.880 --> 15:11.880] Or schooling, whether it's public or private, the vast majority of us go to the public school systems
[15:11.880 --> 15:16.880] And the public school systems are administered by the only public officials
[15:16.880 --> 15:23.880] We for the most part ever have any kind of prolonged experience with
[15:23.880 --> 15:30.880] We put our children through 12 years of government mandated school systems
[15:30.880 --> 15:36.880] Where they are told that they live in a land of law
[15:36.880 --> 15:41.880] The land where everyone has inalienable rights and freedoms
[15:41.880 --> 15:46.880] We live in the best and most free country on the planet
[15:46.880 --> 15:54.880] However, while you're in this school, don't even think of trying to express one of those rights
[15:54.880 --> 16:00.880] They're the whole weight of the system of land rights square on your head
[16:00.880 --> 16:03.880] Now I understand why the teachers do that
[16:03.880 --> 16:08.880] They have these children that the parents don't necessarily discipline as well as they could
[16:08.880 --> 16:12.880] Or discipline differently than the teachers used to
[16:12.880 --> 16:19.880] And have children of rich ages that get boisterous and rebellious
[16:19.880 --> 16:27.880] Teachers tend to get the perception that if they don't keep control with an iron fist, everything will turn to chaos
[16:27.880 --> 16:34.880] So we wind up putting our children through 12 years of incredible hypocrisy
[16:34.880 --> 16:38.880] And I'll speak to the result of that on the other side
[16:38.880 --> 16:41.880] And something we can do about it
[16:41.880 --> 16:51.880] Because that teaches us how to deal with public officials that we use later on to very bad outcomes
[16:51.880 --> 16:58.880] Randy Kelton, Wheel of Law Radio, a call in number 512-646-1984 will keep the phones open all night for you
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[19:00.880 --> 19:10.880] You are listening to the LOGOS Radio Network, LOGOSRadioNetwork.com
[19:30.880 --> 19:37.880] I see justice, yeah
[19:37.880 --> 19:40.880] The world is spinning like it's out of control
[19:40.880 --> 19:44.880] On the edge of a hole inside a deep dark dome
[19:44.880 --> 19:50.880] I'm always on the lookout for something to soothe my soul
[19:50.880 --> 19:56.880] That's how I sit back and watch the evidence unfold
[19:56.880 --> 20:02.880] I see justice, it's a goal
[20:02.880 --> 20:09.880] Yeah, justice, it's a goal
[20:09.880 --> 20:13.880] Young we fell a little too far at sea
[20:13.880 --> 20:15.880] And then we got to get back on course
[20:15.880 --> 20:19.880] Okay, we are back, Randy Kelton, LOGOS Radio
[20:19.880 --> 20:24.880] And we're talking about response sets
[20:24.880 --> 20:28.880] We have experience in the world we live in
[20:28.880 --> 20:37.880] And from those experiences, we develop ways of responding
[20:37.880 --> 20:42.880] People can do things and what they do will make us smile, frown, happy, sad
[20:42.880 --> 20:47.880] We've got all these different types of responses we have
[20:47.880 --> 20:50.880] It's a little too complex to go into here
[20:50.880 --> 20:59.880] This is based on a mental model of the living mind that I've developed over a number of years
[20:59.880 --> 21:03.880] And it predicts certain things about human beings
[21:03.880 --> 21:12.880] I developed this model and you can find a copy of it on 3dmindspace.net
[21:12.880 --> 21:17.880] No, 3dmind.com
[21:17.880 --> 21:20.880] I've got two or three, I'm not sure which one I have at the moment
[21:20.880 --> 21:24.880] I think it's 3dmind.com
[21:24.880 --> 21:31.880] And what I did was I imagined that I was an alien zoologist
[21:31.880 --> 21:35.880] Sent to a backwater corner of the galaxy
[21:35.880 --> 21:44.880] To analyze a bipedal ape, homo sapien, sapien
[21:44.880 --> 21:49.880] Now, all I could do was watch, I couldn't dissect them
[21:49.880 --> 21:57.880] So I could only see what I could determine based on observation
[21:57.880 --> 22:06.880] So what this did was give me a degree of separation
[22:06.880 --> 22:11.880] We're human beings, human beings trying to analyze human beings is not a good strategy
[22:11.880 --> 22:16.880] So I tried to find a way to get a separation
[22:16.880 --> 22:23.880] And I looked at the human animal from that perspective
[22:23.880 --> 22:29.880] And began putting together a map of what I observed
[22:29.880 --> 22:31.880] Now this thing took a long time to develop
[22:31.880 --> 22:36.880] But what it got down to is we have a conscious aspect of the living mind
[22:36.880 --> 22:41.880] That pays attention to all of the details around you
[22:41.880 --> 22:45.880] When you look out at the world around you, you do so dead
[22:45.880 --> 22:54.880] I'm having a little throat issue today
[22:54.880 --> 23:03.880] So I'll get over the first cold I've had in five years
[23:03.880 --> 23:07.880] You examine the, you pay attention to the world around you
[23:07.880 --> 23:10.880] Dead center through the center of your iris
[23:10.880 --> 23:13.880] But you can see 170 degrees
[23:13.880 --> 23:20.880] The conscious aspect only pays attention to a small part of what's going on
[23:20.880 --> 23:27.880] You have another aspect of mind that is not subconscious
[23:27.880 --> 23:30.880] It's not subliminal
[23:30.880 --> 23:35.880] It's just not indirect awareness
[23:35.880 --> 23:39.880] Your conscious part pays attention to the details
[23:39.880 --> 23:44.880] This other part pays attention to context
[23:44.880 --> 23:48.880] While the conscious parts are listening to the words that are being said
[23:48.880 --> 23:51.880] And the movements that are being made
[23:51.880 --> 23:55.880] The other part looks at clusters
[23:55.880 --> 24:00.880] And it looks at the context of a situation
[24:00.880 --> 24:03.880] And it says, in this kind of context
[24:03.880 --> 24:12.880] When I get a verbalization of this pitch and this volume
[24:12.880 --> 24:16.880] That generally tells me somebody's really PO'd
[24:16.880 --> 24:21.880] So this part of your mind goes to that section
[24:21.880 --> 24:28.880] Where you saved all the things you know how to do when somebody's PO'd at you
[24:28.880 --> 24:33.880] You have responses and reactions that you can draw from
[24:33.880 --> 24:38.880] That you've developed over time that fit those kinds of situations
[24:38.880 --> 24:42.880] When we're going to school, when we're children
[24:42.880 --> 24:48.880] We have teachers that we react and respond to
[24:48.880 --> 24:57.880] And we learn how to behave within a set of structures
[24:57.880 --> 25:02.880] These teachers are the only public officials we have any contact with
[25:02.880 --> 25:07.880] For the first 15, 16 years of our lives
[25:07.880 --> 25:09.880] Then we get out of high school
[25:09.880 --> 25:12.880] And we don't deal with these public officials anymore
[25:12.880 --> 25:15.880] We go on about our lives and live our lives
[25:15.880 --> 25:19.880] Then all of a sudden those lights come on behind you
[25:19.880 --> 25:24.880] Well, how do you know how to respond to a policeman?
[25:24.880 --> 25:28.880] Where do you draw your experience from?
[25:28.880 --> 25:32.880] For the most part, we only have one place
[25:32.880 --> 25:35.880] That's what we learned in school
[25:35.880 --> 25:40.880] And for the most part, the experience set you will draw from
[25:40.880 --> 25:45.880] Will be the experience set you learned when you were sent to the principal
[25:45.880 --> 25:55.880] The teacher called you up because she caught you throwing the spitball at Sally across the way
[25:55.880 --> 26:02.880] So you draw your experience set from being called before someone of authority
[26:02.880 --> 26:08.880] Over whom you had absolutely no control
[26:08.880 --> 26:11.880] And for the most part, you're terrified
[26:11.880 --> 26:15.880] You think nothing but bad things are going to happen to you
[26:15.880 --> 26:19.880] I was at a traffic court
[26:19.880 --> 26:23.880] I didn't have a ticket so I wasn't concerned
[26:23.880 --> 26:27.880] All these people were out in the hall telling about how they're going to get these cops a job
[26:27.880 --> 26:31.880] And they're going to make him wish he hadn't done this and blah, blah, blah
[26:31.880 --> 26:36.880] We get in the courtroom and the first guy they called up was an older gentleman
[26:36.880 --> 26:42.880] Really nice suit, he had carried himself like an executive
[26:42.880 --> 26:44.880] The judge called him up
[26:44.880 --> 26:48.880] He stood in front of the judge over a traffic ticket
[26:48.880 --> 26:53.880] Could barely speak, his hands were visibly shaking
[26:53.880 --> 27:01.880] I watched this and thought, what in the world is going on?
[27:01.880 --> 27:05.880] And it took a while to realize what was going on
[27:05.880 --> 27:11.880] The only response that he had for this kind of situation
[27:11.880 --> 27:15.880] Was being called the fourth principal
[27:15.880 --> 27:19.880] I saw a 65 year old man being called up front of a principal
[27:19.880 --> 27:25.880] When I thought of it from that perspective, all of his behaviors fit
[27:25.880 --> 27:29.880] Most of what I do here
[27:29.880 --> 27:34.880] Most of the strategies that I use here
[27:34.880 --> 27:39.880] Are for the purpose of helping people juxtapose
[27:39.880 --> 27:43.880] Being brought before a principal
[27:43.880 --> 27:48.880] With the behavior set you draw from when you go to school and want to know
[27:48.880 --> 27:54.880] What in the heck have you people been doing to my children?
[27:54.880 --> 27:58.880] That's a whole different response set when you go before public officials
[27:58.880 --> 28:01.880] When you get children in school
[28:01.880 --> 28:05.880] You have a different way of dealing with officials
[28:05.880 --> 28:08.880] When they're messing with your children
[28:08.880 --> 28:13.880] And a lot of what I do here on the air
[28:13.880 --> 28:20.880] Is for the purpose of helping people develop new response sets
[28:20.880 --> 28:25.880] I don't know if that will help people understand what I'm doing better or not
[28:25.880 --> 28:28.880] But for the most part that's what I'm trying to do
[28:28.880 --> 28:32.880] I say, when I walk into a courthouse
[28:32.880 --> 28:36.880] I'm the baddest motor scooter in the building
[28:36.880 --> 28:40.880] And there's only one reason I'm the baddest motor scooter in the building
[28:40.880 --> 28:44.880] And that's because I'm nobody
[28:44.880 --> 28:52.880] I'm not a bailiff or a court clerk or a judge or a prosecutor
[28:52.880 --> 28:55.880] We're all public servants
[28:55.880 --> 28:59.880] They're the servants, I'm the master
[28:59.880 --> 29:05.880] If we can make that juxtaposition
[29:05.880 --> 29:14.880] And juxtaposition from public officials being someone who has authority over us
[29:14.880 --> 29:19.880] To our public servants
[29:19.880 --> 29:24.880] Everything we do when we go to a courthouse or deal with public officials will change
[29:24.880 --> 29:29.880] And they'll change easily because from these perspectives
[29:29.880 --> 29:36.880] We already have developed a set of behavioral responses we can draw from
[29:36.880 --> 29:42.880] That are much more appropriate than the ones we draw from without experience
[29:42.880 --> 29:45.880] And I don't know if I've made any sense or not
[29:45.880 --> 29:51.880] And I've got a couple calls on so when we come back from break I'll pick up some calls
[29:51.880 --> 29:54.880] And if you have any comments on this, if I haven't made any sense
[29:54.880 --> 29:56.880] Give me a call, let me know
[29:56.880 --> 29:59.880] Randy Kelton, we'll be one
[29:59.880 --> 30:03.880] The Bill of Rights contains the first ten amendments of our Constitution
[30:03.880 --> 30:07.880] They guarantee the specific freedoms Americans should know and protect
[30:07.880 --> 30:08.880] Our liberty depends on it
[30:08.880 --> 30:15.880] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights
[30:15.880 --> 30:17.880] Privacy is under attack
[30:17.880 --> 30:20.880] When you give up data about yourself you'll never get it back again
[30:20.880 --> 30:25.880] And once your privacy is gone you'll find your freedoms will start to vanish too
[30:25.880 --> 30:30.880] So protect your rights, say no to surveillance and keep your information to yourself
[30:30.880 --> 30:33.880] Privacy, it's worth hanging on to
[30:33.880 --> 30:36.880] This public service announcement is brought to you by StartPage.com
[30:36.880 --> 30:40.880] The private search engine alternative to Google, Yahoo and Bing
[30:40.880 --> 30:44.880] Start over with StartPage
[30:44.880 --> 30:46.880] When I think of the Second Amendment
[30:46.880 --> 30:51.880] I visualize myself wrapping my two arms around the Bill of Rights in a big old bear hug
[30:51.880 --> 30:55.880] It's how I remember that the Second Amendment guarantees us the right to bear arms
[30:55.880 --> 30:59.880] Arms that embrace our freedoms and won't let anyone take them away without a fight
[30:59.880 --> 31:02.880] Get it? Two arms, bear hug, bear arms?
[31:02.880 --> 31:07.880] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well when he said
[31:07.880 --> 31:12.880] The right of the citizens to bear arms is just one guarantee against arbitrary government
[31:12.880 --> 31:16.880] One more safeguard against the tyranny which now appears remote in America
[31:16.880 --> 31:19.880] But which historically has proved to always be possible
[31:19.880 --> 31:42.880] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[31:50.880 --> 31:56.880] Call 888-910-4367 and see what our powder, seeds and oil can do for you
[31:56.880 --> 31:59.880] Only at mqsa.org
[31:59.880 --> 32:04.880] Rule of Law Radio is proud to offer the rule of law traffic scenario
[32:04.880 --> 32:06.880] In today's America we live in an us against them society
[32:06.880 --> 32:09.880] If we the people are ever going to have a free society
[32:09.880 --> 32:11.880] Then we're going to have to stand and defend our own rights
[32:11.880 --> 32:14.880] Among those rights are the right to travel freely from place to place
[32:14.880 --> 32:16.880] The right to act in our own private capacity
[32:16.880 --> 32:18.880] And most importantly the right to due process of law
[32:18.880 --> 32:21.880] Traffic courts afford us the least expensive opportunity
[32:21.880 --> 32:24.880] To learn how to enforce and preserve our rights through due process
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[32:27.880 --> 32:30.880] Has put together the most comprehensive teaching tool available
[32:30.880 --> 32:32.880] That will help you understand what due process is
[32:32.880 --> 32:34.880] And how to hold courts to the rule of law
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[32:36.880 --> 32:39.880] By going to ruleoflawradio.com and ordering your copy today
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[33:02.880 --> 33:09.880] You're listening to the Logos Radio Network at logosradionetwork.com
[33:09.880 --> 33:19.880] Yeah, I got a warrant and I'm gonna solve them
[33:19.880 --> 33:24.880] To the head of government them, prosecute them
[33:24.880 --> 33:30.880] Okay, all set
[33:30.880 --> 33:39.880] It's a sense of rest for Mr. Bush
[33:39.880 --> 33:43.880] Well, I need a prosecutor to come and help me
[33:43.880 --> 33:45.880] Prosecute them wicked leaders, you see
[33:45.880 --> 33:48.880] They're all liars, they tell me
[33:48.880 --> 33:50.880] They're all liars, they tell me stories
[33:50.880 --> 33:52.880] You don't believe me, see what they tell me
[33:52.880 --> 33:55.880] 3% of America vote for Bush
[33:55.880 --> 33:58.880] So how the hell did he get the presidency?
[33:58.880 --> 34:00.880] That's holding up a warrant for him
[34:00.880 --> 34:02.880] Everybody listen carefully
[34:02.880 --> 34:04.880] It's into the world that the issues proceed
[34:04.880 --> 34:09.880] It's a sense of rest for Mr. Bush
[34:09.880 --> 34:13.880] A warrant for Dick Cheney
[34:13.880 --> 34:18.880] It's a sense of rest for Mr. Bush
[34:18.880 --> 34:23.880] A warrant and a conviction
[34:23.880 --> 34:25.880] Well, we'll not forget, don't spill
[34:25.880 --> 34:28.880] Warrants for him, all Dick Cheney
[34:28.880 --> 34:31.880] Warrants for him, fight about the citizens in the country
[34:31.880 --> 34:34.880] Them getting so mad and them getting angry
[34:34.880 --> 34:36.880] We have some warrant we need to solve
[34:36.880 --> 34:38.880] Need a prosecutor to come and help me
[34:38.880 --> 34:41.880] Prosecutors from any state will do
[34:41.880 --> 34:43.880] Come over and then we show them too
[34:43.880 --> 34:46.880] Hear them tell you, tell you three issues
[34:46.880 --> 34:48.880] That's the truth, that is true
[34:48.880 --> 34:50.880] There's Wolverstein, you do
[34:50.880 --> 34:53.880] You get the citizens arrested too
[34:53.880 --> 34:55.880] Silverstein and Hamilton clean
[34:55.880 --> 34:58.880] You know them and they ain't no clean
[34:58.880 --> 35:00.880] Everybody bring them in
[35:00.880 --> 35:03.880] So we could prove them with warranting
[35:03.880 --> 35:05.880] They don't need to quarantine
[35:05.880 --> 35:07.880] You know them like Mr. Wittens
[35:07.880 --> 35:11.880] It's a sense of rest for Mr. Bush
[35:11.880 --> 35:16.880] It's a sense of rest for Dick Cheney
[35:16.880 --> 35:21.880] It's a sense of rest for Mr. Bush
[35:21.880 --> 35:26.880] It's a sense of rest for Dick Cheney
[35:26.880 --> 35:28.880] All these guys in the three-shoe suit
[35:28.880 --> 35:31.880] All them a do, them a tell lie to it
[35:31.880 --> 35:33.880] In them three-shoe suit and tie
[35:33.880 --> 35:35.880] And them a walk and a turn or fly
[35:35.880 --> 35:38.880] That's why we have to persecute them
[35:38.880 --> 35:40.880] And we have to let them know we're not clean
[35:40.880 --> 35:43.880] Put your finger, do or feel away
[35:43.880 --> 35:45.880] Tell the truth, you're in America, me say
[35:45.880 --> 35:47.880] Only 3% vote for Mr. Bush
[35:47.880 --> 35:50.880] How the hell did man become presidency?
[35:50.880 --> 35:53.880] Okay, we are back.
[35:53.880 --> 35:56.880] A little slow there and it was my fault
[35:56.880 --> 35:59.880] I made a little technical glitch.
[35:59.880 --> 36:02.880] Now we're going to go to Bill in Wisconsin.
[36:02.880 --> 36:04.880] Hello, Bill.
[36:04.880 --> 36:07.880] What do you have for us today?
[36:07.880 --> 36:09.880] Hi, Randy.
[36:09.880 --> 36:14.880] I had a comment and then a couple questions if I have time.
[36:14.880 --> 36:18.880] My comment is I agree with what you're talking about
[36:18.880 --> 36:24.880] when you gave the example of the man shaken in front of the judge
[36:24.880 --> 36:29.880] how that were influenced by what we learned in school
[36:29.880 --> 36:34.880] and I would just add to that that also by our parents
[36:34.880 --> 36:39.880] how we were related to our parents with the authority as well.
[36:39.880 --> 36:45.880] Yeah, we spend most of our lives being ordered around by giants
[36:45.880 --> 36:50.880] and then we grow up and get away from those giants
[36:50.880 --> 36:52.880] and then when we get back around the giants
[36:52.880 --> 36:57.880] we act like we're still in front of giants.
[36:57.880 --> 37:00.880] Yeah, I agree with that.
[37:00.880 --> 37:03.880] That's a good analogy.
[37:03.880 --> 37:11.880] And one of my questions is I'm helping a friend with a traffic stop
[37:11.880 --> 37:19.880] and on the complaint the police officer wrote up a statement of probable cause
[37:19.880 --> 37:23.880] didn't sign it and then the complaintant was
[37:23.880 --> 37:28.880] then there's another piece of paper that has the complaintant on there as the detective
[37:28.880 --> 37:32.880] and it says electronically signed.
[37:32.880 --> 37:38.880] So the police officer was different than the complaintant.
[37:38.880 --> 37:40.880] Is that normal they do that?
[37:40.880 --> 37:44.880] Yeah, and they can do that.
[37:44.880 --> 37:50.880] This is kind of how it works when it comes to the complaint itself.
[37:50.880 --> 37:57.880] Let's say you come to me and you tell me that you observed your next door neighbor
[37:57.880 --> 38:00.880] do something really horrible.
[38:00.880 --> 38:03.880] But you're terrified of your next door neighbor
[38:03.880 --> 38:07.880] because he is really horrible and you're not going to say a thing about it.
[38:07.880 --> 38:13.880] Well, if I believe you then I have been given knowledge
[38:13.880 --> 38:16.880] that something horrible has occurred
[38:16.880 --> 38:20.880] and if it involves a crime I have a duty to report that crime.
[38:20.880 --> 38:25.880] I don't have to have personal knowledge that a crime has been committed.
[38:25.880 --> 38:30.880] If I have reason to believe and do believe
[38:30.880 --> 38:36.880] and that's what in Texas the style of a criminal complaint says
[38:36.880 --> 38:44.880] I Randall Kelton have reason to believe and do believe based on the following
[38:44.880 --> 38:47.880] and then I explain my reason to believe and what I believe
[38:47.880 --> 38:54.880] and then it ends with therefore I charged that so-and-so committed such-and-such a crime
[38:54.880 --> 38:57.880] and violation of the law of the state of Texas.
[38:57.880 --> 39:00.880] So all you have to do is have reason to believe and do believe.
[39:00.880 --> 39:02.880] So somebody tells me something and I believe it.
[39:02.880 --> 39:05.880] I can file the complaint.
[39:05.880 --> 39:11.880] And as to the electronic signature
[39:11.880 --> 39:17.880] it's probably the same in Wisconsin as it is in Texas in this regard.
[39:17.880 --> 39:26.880] The courts have ruled that when a police officer signs a ticket
[39:26.880 --> 39:32.880] a citation it is presumed to be signed under oath
[39:32.880 --> 39:40.880] and there are provisions in the law for electronic signature.
[39:40.880 --> 39:50.880] So the policeman doesn't have to sign the ticket before a notary.
[39:50.880 --> 39:55.880] It would become really cumbersome if they had to do that for each one
[39:55.880 --> 39:59.880] and since the policeman is a public official
[39:59.880 --> 40:02.880] and this is something he does on a regular basis
[40:02.880 --> 40:05.880] as a matter of expediency they made an exception
[40:05.880 --> 40:08.880] for police officers in this circumstance.
[40:08.880 --> 40:10.880] Does that make sense?
[40:10.880 --> 40:18.880] Well it does and yet this police officer never gave the person a ticket.
[40:18.880 --> 40:22.880] She was arrested and brought into jail
[40:22.880 --> 40:28.880] and she was never ever given an actual ticket from the police officer
[40:28.880 --> 40:31.880] but later...
[40:31.880 --> 40:35.880] Let me explain how that part works.
[40:35.880 --> 40:44.880] The ticket is something an officer would give you in lieu of physical arrest
[40:44.880 --> 40:51.880] and it's a provision written into the law for this purpose.
[40:51.880 --> 40:56.880] Texas law, they changed it in 1965 and made a mess of it
[40:56.880 --> 40:59.880] to where it used to say you could arrest somebody
[40:59.880 --> 41:06.880] for an on-site misdemeanor that involved breach of the peace.
[41:06.880 --> 41:10.880] In 1965 they changed it so that a police officer
[41:10.880 --> 41:16.880] can arrest someone for any on-site offense.
[41:16.880 --> 41:20.880] So since a policeman can arrest you for spitting on the sidewalk
[41:20.880 --> 41:24.880] for anything that he can imagine is a crime
[41:24.880 --> 41:27.880] he can just grab you up and haul you to jail.
[41:27.880 --> 41:30.880] Well when it comes to writing tickets
[41:30.880 --> 41:34.880] they want the policeman to be able to write lots of tickets.
[41:34.880 --> 41:38.880] Well if he writes a ticket and has to drag the person to jail
[41:38.880 --> 41:40.880] or drag them before a magistrate every time
[41:40.880 --> 41:44.880] he's not going to be able to write many tickets in a day.
[41:44.880 --> 41:48.880] So they changed the law around and they said
[41:48.880 --> 41:55.880] a police officer when he observes a Class C misdemeanor
[41:55.880 --> 42:02.880] or a crime or infraction not punishable by imprisonment
[42:02.880 --> 42:07.880] he can write the person a citation
[42:07.880 --> 42:14.880] and the citation is a contract wherein the person accused
[42:14.880 --> 42:20.880] on agreement to bring himself before a magistrate
[42:20.880 --> 42:26.880] that the police officer can release the person on their own recognizance.
[42:26.880 --> 42:31.880] So it is an option that the policeman has
[42:31.880 --> 42:36.880] to allow you to go on your way on your promise to appear before a magistrate.
[42:36.880 --> 42:40.880] But if the police officer makes an arrest
[42:40.880 --> 42:43.880] then a citation is not appropriate.
[42:43.880 --> 42:47.880] Then a complaint is appropriate.
[42:47.880 --> 42:50.880] Does that make sense?
[42:50.880 --> 42:59.880] What I find odd is this police officer's name is nowhere on the documents that was given.
[42:59.880 --> 43:02.880] The documents that were given.
[43:02.880 --> 43:07.880] That's a little too vague for me to...
[43:07.880 --> 43:14.880] The documents that were given after she was released from jail on bond.
[43:14.880 --> 43:19.880] There was a statement of probable cause.
[43:19.880 --> 43:25.880] Wait a minute. Was the police officer's name not on the statement of probable cause?
[43:25.880 --> 43:27.880] No. Nowhere.
[43:27.880 --> 43:33.880] Was the complainant's name on the statement of probable cause?
[43:33.880 --> 43:36.880] No.
[43:36.880 --> 43:40.880] Was anybody's name on the statement of probable cause?
[43:40.880 --> 43:42.880] No.
[43:42.880 --> 43:44.880] I can read it.
[43:44.880 --> 43:46.880] No, you don't need to read it.
[43:46.880 --> 43:52.880] A statement of probable cause must be an affidavit.
[43:52.880 --> 43:54.880] Yeah, that's what it's not.
[43:54.880 --> 43:59.880] That's not a shortcut they can make because...
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[45:00.880 --> 45:03.880] Are you the plaintiff or defendant in a lawsuit?
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[46:00.880 --> 46:23.880] Music
[46:23.880 --> 46:29.880] Always I must be careful what I'm wishing for
[46:29.880 --> 46:34.880] When I'm hungry I like to know just what I'm fishing for
[46:34.880 --> 46:40.880] I ain't asking for much, I ain't trying to be no glutton
[46:40.880 --> 46:46.880] I'm just here making my living pushing buttons
[46:46.880 --> 46:52.880] I get my message out with one each shout in distance
[46:52.880 --> 47:02.880] Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Bill in Wisconsin.
[47:02.880 --> 47:06.880] And I kind of ran over the cliff there, Bill.
[47:06.880 --> 47:16.880] But affidavit, that's something that will have to be brought into court later to support the claim.
[47:16.880 --> 47:24.880] And the affidavit, that would have to be signed by the affiant before a notary.
[47:24.880 --> 47:29.880] That one they can't get around because that goes to the rules of evidence.
[47:29.880 --> 47:38.880] You can't bring in an unsigned document and present it as evidence.
[47:38.880 --> 47:42.880] So that would be a serious issue.
[47:42.880 --> 47:49.880] Thank you. Okay, you've got someone that has a ticket.
[47:49.880 --> 47:57.880] How are you going about addressing the defense?
[47:57.880 --> 48:10.880] Well, she wants to go pro se and she wants to follow your advice with the cross complaint.
[48:10.880 --> 48:14.880] Cross complaints, not my advice.
[48:14.880 --> 48:16.880] Oh, okay, sorry.
[48:16.880 --> 48:27.880] Some people are trying to make cross complaints in criminal cases and you can't file a cross complaint in a criminal case.
[48:27.880 --> 48:30.880] Oh, okay.
[48:30.880 --> 48:33.880] It'll simply be dismissed.
[48:33.880 --> 48:41.880] Criminal is a subset of civil and it's subject to a separate set of rules.
[48:41.880 --> 48:48.880] That's why we have rules of civil procedure and code of criminal procedure.
[48:48.880 --> 49:02.880] And in code of criminal procedure, it only addresses claims against citizens by the state.
[49:02.880 --> 49:09.880] What is her argument that she intends to bring?
[49:09.880 --> 49:21.880] Well, she was not operating in commerce and this was not a valid claim.
[49:21.880 --> 49:23.880] Okay, hold on.
[49:23.880 --> 49:29.880] Where in Wisconsin code?
[49:29.880 --> 49:34.880] Well, actually it happened in Minnesota because we live right on the border.
[49:34.880 --> 49:35.880] Oh, okay.
[49:35.880 --> 49:40.880] Where in Minnesota code?
[49:40.880 --> 49:54.880] Do you find the code that establishes that the traffic laws apply to commercial vehicles?
[49:54.880 --> 50:00.880] Well, I found one. I did look for one law.
[50:00.880 --> 50:11.880] They have a link to 1925 codes and they actually stay in there where you have the right to travel.
[50:11.880 --> 50:12.880] Okay.
[50:12.880 --> 50:23.880] In order to make this argument, you have to understand local jurisdictions make a lot of money
[50:23.880 --> 50:35.880] collecting tickets and they're not going to want a ruling against them that says you can only pull
[50:35.880 --> 50:38.880] over commercial vehicles.
[50:38.880 --> 50:42.880] That would cost them a tremendous amount of money.
[50:42.880 --> 50:47.880] So you can expect them to fight you very, very hard.
[50:47.880 --> 50:53.880] So when you make this argument, you have to do your homework, keep in mind,
[50:53.880 --> 50:58.880] never make proactive statement of law out of your own mouth.
[50:58.880 --> 51:02.880] That's why I asked you that question.
[51:02.880 --> 51:08.880] I have a challenge to subject matter jurisdiction and from my perspective,
[51:08.880 --> 51:19.880] that is the avenue of choice to go after this issue.
[51:19.880 --> 51:27.880] What you're saying is I didn't agree to your regulatory scheme.
[51:27.880 --> 51:33.880] Well, even if I did agree to your regulatory scheme, for instance,
[51:33.880 --> 51:42.880] I agreed to the regulatory scheme in Texas of regulating commercial traffic.
[51:42.880 --> 51:48.880] I've got a commercial driver's license in my pocket.
[51:48.880 --> 51:56.880] But that contract only goes to those times when I'm acting in commerce.
[51:56.880 --> 52:07.880] And when I make the claim to them that you can't apply that to me when I'm not in commerce,
[52:07.880 --> 52:17.880] I have to make that claim in accordance with Texas Administrative Code 546.001.
[52:17.880 --> 52:19.880] That's not exactly the right one.
[52:19.880 --> 52:28.880] But when I make the claim, I say in accordance with Texas Administrative Code so-and-so,
[52:28.880 --> 52:34.880] the Texas Transportation Code only applies to persons operating in commerce
[52:34.880 --> 52:37.880] on the streets and highways state of Texas.
[52:37.880 --> 52:42.880] I can't just say that only applies to commercial vehicles.
[52:42.880 --> 52:47.880] I have to state the statute that says so.
[52:47.880 --> 52:49.880] So you need to go in and find that.
[52:49.880 --> 52:57.880] You'll probably find it in the enacting statutes.
[52:57.880 --> 53:06.880] Look up your transportation code and then see how the transportation code was enacted.
[53:06.880 --> 53:14.880] Obviously, read the front of the transportation code.
[53:14.880 --> 53:18.880] Read the portion of the code that states what it's about.
[53:18.880 --> 53:25.880] But also go to the – it's probably an administrative code of one type or another
[53:25.880 --> 53:29.880] that creates it and establishes it.
[53:29.880 --> 53:34.880] You've got the transportation code over here and you've got something else that says
[53:34.880 --> 53:39.880] that this code applies when and where.
[53:39.880 --> 53:40.880] You've got to know all of that.
[53:40.880 --> 53:44.880] Do you listen to Eddie on Monday night?
[53:44.880 --> 53:47.880] I have listened some.
[53:47.880 --> 53:54.880] He is the traffic guy and he'll tell you how to go after this.
[53:54.880 --> 54:05.880] But if we're going to go after this particular issue, we want to keep out of the merits.
[54:05.880 --> 54:16.880] And what I'm saying is, oh, I was operating a private conveyance.
[54:16.880 --> 54:19.880] Now, don't even get there.
[54:19.880 --> 54:25.880] Say, who are you and where did you get authority over me?
[54:25.880 --> 54:28.880] And then they're going to say, well, you were driving a motor vehicle.
[54:28.880 --> 54:35.880] His objection was, didn't you ask them to show proof that you were driving a motor vehicle?
[54:35.880 --> 54:40.880] The first thing you do is ask them to define a motor vehicle.
[54:40.880 --> 54:44.880] And then they'll give you some BS definition.
[54:44.880 --> 54:51.880] Ask them – then object that they're making the definition out of their own mouth.
[54:51.880 --> 54:56.880] Ask them to show in law what a motor vehicle is.
[54:56.880 --> 54:58.880] Make them bring it.
[54:58.880 --> 55:03.880] So that's why I go for challenge such matter jurisdiction first.
[55:03.880 --> 55:09.880] If you don't, then you essentially opt into the code
[55:09.880 --> 55:16.880] and then just try to show that the code that you agree with doesn't apply to you in this circumstance.
[55:16.880 --> 55:27.880] So the challenge to the subject matter jurisdiction, that's – you're coming in as a special appearance, is that correct?
[55:27.880 --> 55:30.880] Exactly. That's why that's important.
[55:30.880 --> 55:34.880] You're coming at arm's length to the court.
[55:34.880 --> 55:43.880] While I may step physically in front of the bar, I am legally at arm's length to the bar.
[55:43.880 --> 55:47.880] I have not stepped into your jurisdiction.
[55:47.880 --> 55:50.880] You claimed it. I challenged it.
[55:50.880 --> 55:54.880] Now you have to prove it. And we're not going past that.
[55:54.880 --> 55:59.880] And the challenge subject matter jurisdiction is dispositive.
[55:59.880 --> 56:04.880] So if they deny the challenge subject matter jurisdiction, you file an analogatory appeal immediately
[56:04.880 --> 56:07.880] if you're allowed to do that in class C misdemeanors.
[56:07.880 --> 56:09.880] We can't do that in Texas.
[56:09.880 --> 56:12.880] In a class C misdemeanor, you can't do an analogatory.
[56:12.880 --> 56:15.880] I guess they figure it's not a big enough deal.
[56:15.880 --> 56:19.880] But don't let them move past subject matter jurisdiction.
[56:19.880 --> 56:28.880] Subject matter jurisdiction is pretty cool because if the judge fails to prove subject matter jurisdiction,
[56:28.880 --> 56:34.880] then he's not a judge. He's just a person.
[56:34.880 --> 56:40.880] And as a person, he has no immunity from suit.
[56:40.880 --> 56:51.880] Now, in the real world you and I live in, the courts are going to do everything they can to cover that judge's behind.
[56:51.880 --> 56:58.880] But the law is on your side. It's going to make it tough for them.
[56:58.880 --> 57:06.880] In the end, the likelihood of your winning this particular issue is very low.
[57:06.880 --> 57:18.880] But if you have an elephant in the corner over here, you have an issue that they absolutely do not want to risk a ruling on.
[57:18.880 --> 57:30.880] The best thing they can do, best strategy to get rid of you is to dismiss your case on something less important.
[57:30.880 --> 57:40.880] So make a good challenge to subject matter jurisdiction and then make sure you give them something else that they can use to throw out the case with.
[57:40.880 --> 57:51.880] And one thing that you mentioned was an unsigned, unverified affidavit.
[57:51.880 --> 57:59.880] When you make a challenge to subject matter jurisdiction, that doesn't exclude making all your other challenges.
[57:59.880 --> 58:05.880] The challenge to subject matter jurisdiction, even if it's not made first, stands before everything else.
[58:05.880 --> 58:10.880] We have had guys say, don't do anything else because you waived jurisdiction.
[58:10.880 --> 58:20.880] Horse manure. If they're going to rule against you in subject matter jurisdiction, you need to adjudicate the other stuff anyway.
[58:20.880 --> 58:31.880] And I'm saying you need to adjudicate the other stuff in order to give them a lesser reason to dismiss the case and not have to risk a ruling on subject matter jurisdiction.
[58:31.880 --> 58:34.880] I'll talk a little bit more about that when I come back on the other side.
[58:34.880 --> 58:49.880] Randy Kelton, Boulevard Radio, I call in number 512-646-1984. We'll be right back.
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[01:00:14.880 --> 01:00:20.880] Alternatives.
[01:00:20.880 --> 01:00:26.880] Markets for the 16th of December, 2015, opened up with gold at $1,073.08 an ounce.
[01:00:26.880 --> 01:00:29.880] Silver, $14.16 an ounce.
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[01:00:42.880 --> 01:00:45.880] American history, 30 December 16, 1773.
[01:00:45.880 --> 01:00:54.880] The Sons of Liberty, disguised as Mohawk Indians, board three British East India Tea Company ships and dumped roughly 342 chests of tea into the Boston Harbor.
[01:00:54.880 --> 01:01:04.880] The Boston Tea Party was the American columnist's response to the British imposed Tea Act of 1773.
[01:01:04.880 --> 01:01:14.880] In recent news, the Department of Homeland Security activated the National Terrorism Advisory System, which replaced the old color-coded terror warnings for the first time since its creation in 2011 today.
[01:01:14.880 --> 01:01:20.880] The agency is warning the public of self-radicalized actors who could strike with little or no notice.
[01:01:20.880 --> 01:01:27.880] A bulletin issued by DHS Secretary, Jay Johnson, stated that the system will be enforced for the next six months until events dictate otherwise.
[01:01:27.880 --> 01:01:41.880] Under this new amended advisory system, periodic bulletins will be issued to inform the American public of threats or concerns identified by DHS personnel.
[01:01:41.880 --> 01:01:52.880] David Edward Abbott, a police detective who once made national news when he took out a search warrant, which he never issued to photograph the genitals of a 17-year-old teen for sexting obscene pictures to his 15-year-old girlfriend,
[01:01:52.880 --> 01:02:04.880] barricaded himself in his home and shot himself yesterday as Prince William's County police officers tried to serve a warrant charging him with indecent liberties and using a communication device to solicit sexual offenses from minors.
[01:02:04.880 --> 01:02:13.880] Evidence shows Abbott soliciting sexual acts by phone, text, social media, and email for more than two years from 13-year-old boy who he met while coaching for a local hockey league,
[01:02:13.880 --> 01:02:19.880] apparently not the only 13-year-old boy who was solicited with their being disclosed another victim of harassment back in 2009.
[01:02:19.880 --> 01:02:28.880] As irony would have it, David Abbott served on a task force that investigates crimes against children.
[01:02:28.880 --> 01:02:38.880] Pyeon Soo Lim, pastor at the Light Korean Presbyterian Church in Toronto, was sentenced by North Korea's Supreme Court to life in prison with hard labor today for what it's calling crimes against the state.
[01:02:38.880 --> 01:02:45.880] He's been in detention since February, and state prosecutors were seeking the death penalty for such frivolous charges as harming the dignity of the Supreme Leader,
[01:02:45.880 --> 01:02:51.880] attempting to use religion to destroy the North Korean government, disseminating negative propaganda about North Korea to Koreans overseas,
[01:02:51.880 --> 01:03:19.880] and for aiding and abetting U.S. and South Korean authorities in smuggling North Korean citizens out of the country.
[01:03:21.880 --> 01:03:47.880] Okay, we are back.
[01:03:47.880 --> 01:03:52.880] Randy Kelton here with our radio, and we're talking to Bill in Wisconsin.
[01:03:52.880 --> 01:04:07.880] Probably you'd do better talking to, you know, Eddie Craig on Monday nights, because he does traffic, you know, that's primarily what he does is traffic.
[01:04:07.880 --> 01:04:14.880] It's been my experience that they fight traffic tickets harder than they fight more serious crimes,
[01:04:14.880 --> 01:04:21.880] because traffic tickets is such a social money for all of these municipalities and such, they're really going to fight you.
[01:04:21.880 --> 01:04:34.880] And if you bring an issue that's potentially a serious problem for them, they are not going to want you to get ruling.
[01:04:34.880 --> 01:04:45.880] So you do challenge subject matter jurisdiction, but find something else that they can use to dismiss with.
[01:04:45.880 --> 01:04:53.880] That way they can say, get this thing out of my court, but don't dismiss it on subject matter jurisdiction grounds.
[01:04:53.880 --> 01:04:55.880] Does that make sense?
[01:04:55.880 --> 01:05:07.880] Oh, yeah, yeah, yeah, it makes a lot of sense. And then, so just keep it with issues about the actual probable cause and arrest itself,
[01:05:07.880 --> 01:05:15.880] mistakes made against the traffic code, transportation code by the arresting officer.
[01:05:15.880 --> 01:05:28.880] Yeah, avoid the merits at all costs, because when you go to the merits, now you get into the discretion of the court.
[01:05:28.880 --> 01:05:33.880] And you want to argue issues over which the court does not have discretion,
[01:05:33.880 --> 01:05:42.880] because if they have discretion, they rule against you out of hand at every turn.
[01:05:42.880 --> 01:05:45.880] Okay.
[01:05:45.880 --> 01:05:49.880] They're criminals. They can't have it.
[01:05:49.880 --> 01:06:01.880] Well, I thought out today that the prosecuting attorneys from the city is contracted to a law firm that's not even in the city.
[01:06:01.880 --> 01:06:17.880] And then they're taking this court, this arrest was made in a municipal, you know, in the city of Woodbury, and then it's being tried in the county court, the county district court.
[01:06:17.880 --> 01:06:20.880] So that doesn't seem right either to me.
[01:06:20.880 --> 01:06:27.880] Who wrote the citation, a municipal officer or a county officer?
[01:06:27.880 --> 01:06:32.880] Municipal. He's the one that made the arrest, the municipal officer.
[01:06:32.880 --> 01:06:49.880] And so, but then he brought it to a county court, and it's not only a county court, it's a district judge who was appointed by, he was reelected, but he was originally appointed by the governor.
[01:06:49.880 --> 01:06:58.880] Well, I'm not sure how Minnesota law works in this particular regard.
[01:06:58.880 --> 01:07:06.880] Normally, a municipal citation would be prosecuted in the municipality.
[01:07:06.880 --> 01:07:18.880] A county, it would tend to depend on who wrote the citation. If it was a county officer, it would go before Justice of the Peace.
[01:07:18.880 --> 01:07:24.880] What are the court levels in Minnesota? Do they have Justices of the Peace in Minnesota?
[01:07:24.880 --> 01:07:29.880] Yeah, I don't, yeah, that must be on my understanding right now.
[01:07:29.880 --> 01:07:36.880] Okay, then I can't comment on which court it's in. And that's not even an issue that I would get to.
[01:07:36.880 --> 01:07:53.880] First, we get to nobody has subject matter jurisdiction to start with because there is, you will almost never in a traffic citation find any evidence going to commercial.
[01:07:53.880 --> 01:08:03.880] And in order to have subject matter jurisdiction, they would have to have evidence showing that you were acting in commerce.
[01:08:03.880 --> 01:08:20.880] And then once you get past that one, then the unverified, unaffirmed affidavit is valueless as evidence.
[01:08:20.880 --> 01:08:24.880] So you always want to give them something they can throw it out on.
[01:08:24.880 --> 01:08:41.880] I had a case out of Minnesota where this couple filed suit to enforce rescission in a foreclosure issue in a mortgage.
[01:08:41.880 --> 01:08:53.880] If the lender failed to give full disclosure and you have three years in which to give notice that you rescind the note.
[01:08:53.880 --> 01:09:00.880] This couple filed a notice of rescission on the very last day.
[01:09:00.880 --> 01:09:07.880] And they didn't claim that the lender failed to give notice.
[01:09:07.880 --> 01:09:20.880] They claimed he failed to give proper notice because there was a man and wife who signed the deed of trust and they only gave one notice.
[01:09:20.880 --> 01:09:26.880] The code requires them to give notice to each signatory.
[01:09:26.880 --> 01:09:28.880] So they didn't claim they didn't give it.
[01:09:28.880 --> 01:09:32.880] They just didn't give both of us their own copy.
[01:09:32.880 --> 01:09:41.880] And some moron let this go all the way to the United States Supreme.
[01:09:41.880 --> 01:09:48.880] And the United States Supreme landed on the banks like a ton of bricks.
[01:09:48.880 --> 01:10:00.880] And I looked at this and said, what moron let this get to the Supreme without dealing this thing out?
[01:10:00.880 --> 01:10:08.880] The Supreme said that when rescission is noticed, rescission is accomplished.
[01:10:08.880 --> 01:10:12.880] It's done. It's over.
[01:10:12.880 --> 01:10:18.880] The banks were saying, well, they have to sue within three years, not just give notice.
[01:10:18.880 --> 01:10:21.880] And the Supreme said, no, they don't. All they have to do is give notice.
[01:10:21.880 --> 01:10:27.880] And the bank said, well, they have to tender back to us what we gave them before we tendered to them.
[01:10:27.880 --> 01:10:31.880] And the Supreme said, no, they don't. You got to tender to them first.
[01:10:31.880 --> 01:10:35.880] So they really screwed them big time.
[01:10:35.880 --> 01:10:41.880] And the point was, how did you let this get there, guys? What were you thinking?
[01:10:41.880 --> 01:10:45.880] You want your case like this?
[01:10:45.880 --> 01:10:52.880] So they look at yours and say, you don't want this thing getting before Court of Appeals.
[01:10:52.880 --> 01:10:56.880] If they rule against us on this, we are screwed big time.
[01:10:56.880 --> 01:11:02.880] So dismiss this on some nonsense stuff. Get it out of my court.
[01:11:02.880 --> 01:11:08.880] I have an issue here in Texas that we will be using.
[01:11:08.880 --> 01:11:13.880] The e-filing act authorizes electronic filings.
[01:11:13.880 --> 01:11:21.880] And the federal e-filing act, it's 15 U.S. Code 7001.
[01:11:21.880 --> 01:11:25.880] I think it's 15. It's something U.S. Code 7001.
[01:11:25.880 --> 01:11:29.880] The state of Texas adopted it in total.
[01:11:29.880 --> 01:11:37.880] And district court set up the e-filing systems problem.
[01:11:37.880 --> 01:11:47.880] The district court doesn't have any records that are referred to by 7003.
[01:11:47.880 --> 01:11:50.880] 7001 authorizes e-filing.
[01:11:50.880 --> 01:12:00.880] 7003 specifically forbids electronic filings of real property records.
[01:12:00.880 --> 01:12:05.880] The district court didn't have any real property records, so they set up this e-filing thing.
[01:12:05.880 --> 01:12:10.880] They didn't, apparently didn't notice that little section in there.
[01:12:10.880 --> 01:12:14.880] So they've been e-filing all of these real property records.
[01:12:14.880 --> 01:12:22.880] So when the bank comes to the court with an e-filed document, we raise an objection.
[01:12:22.880 --> 01:12:28.880] You can't bring that in this courtroom because it was improperly filed.
[01:12:28.880 --> 01:12:34.880] Because it is specifically forbidden to be electronically filed by statute.
[01:12:34.880 --> 01:12:37.880] Now they've been doing this for 15 years.
[01:12:37.880 --> 01:12:41.880] That is an elephant in the corner.
[01:12:41.880 --> 01:12:44.880] I get a ruling in my favor on that.
[01:12:44.880 --> 01:12:50.880] Everything that's been filed for the last 15 years is garbage.
[01:12:50.880 --> 01:12:54.880] So there's no way they're going to want that to get to the court.
[01:12:54.880 --> 01:12:59.880] So I give them that one, and then I give them some other stuff that's easier to throw it out on.
[01:12:59.880 --> 01:13:05.880] So it's kind of what you want to do is give them something easy to throw it out on.
[01:13:05.880 --> 01:13:13.880] Yeah, that's what I really liked about the traffic seminar with your session on the second day, the third session,
[01:13:13.880 --> 01:13:16.880] when you were talking some strategy.
[01:13:16.880 --> 01:13:26.880] It kind of made me think about taking, like you're taking the defense attorney hostage on your pirate ship.
[01:13:26.880 --> 01:13:30.880] I think you're mixing me up with Eddie.
[01:13:30.880 --> 01:13:34.880] Eddie's the one that does those seminars.
[01:13:34.880 --> 01:13:38.880] But I'll take credit for Eddie's work.
[01:13:38.880 --> 01:13:41.880] Hey, that's the kind of guy I am.
[01:13:41.880 --> 01:13:46.880] But I was going to say about the prosecutor and taking him hostage.
[01:13:46.880 --> 01:13:48.880] Oh, yeah.
[01:13:48.880 --> 01:13:53.880] If this prosecutor is a member of a law firm,
[01:13:53.880 --> 01:13:58.880] you might want to bargrieve him a time or two.
[01:13:58.880 --> 01:14:02.880] That's going to get him really excited.
[01:14:02.880 --> 01:14:08.880] And then he's really going to want you out of his courtroom.
[01:14:08.880 --> 01:14:11.880] Yeah, I'd like to get out of there quick.
[01:14:11.880 --> 01:14:19.880] You get about two bar grievances on him, and that law firm is going to dump him like a hot rock
[01:14:19.880 --> 01:14:24.880] because their insurance carrier is going to get real excited with them.
[01:14:24.880 --> 01:14:27.880] It has nothing to do with law.
[01:14:27.880 --> 01:14:30.880] It has nothing to do with the right of things.
[01:14:30.880 --> 01:14:35.880] It has to do with the way things work in the real world you and I live in.
[01:14:35.880 --> 01:14:41.880] And we all need to know where the weak underbelly is for our opponent.
[01:14:41.880 --> 01:14:44.880] Low-level judges.
[01:14:44.880 --> 01:14:54.880] Low-level judges believe that the commissions on judicial conduct use them for cannon fodder.
[01:14:54.880 --> 01:14:57.880] They never discipline higher-level judges,
[01:14:57.880 --> 01:15:01.880] but they've got to do something to make it look like they're actually doing their jobs.
[01:15:01.880 --> 01:15:04.880] So they really socket, too, the low-level judges.
[01:15:04.880 --> 01:15:09.880] Kid Magnuson's on my show on occasion, and his brother was a municipal judge for a while.
[01:15:09.880 --> 01:15:11.880] And that's what he said.
[01:15:11.880 --> 01:15:17.880] He said, they crucify municipal judges because they're the lowest guys on the totem pole.
[01:15:17.880 --> 01:15:23.880] He felt like that's what the State Commission on Judicial Conduct did, and he was right.
[01:15:23.880 --> 01:15:26.880] That's exactly what they do.
[01:15:26.880 --> 01:15:33.880] So you file a judicial conduct complaint against a judge, he's going to go ballistic.
[01:15:33.880 --> 01:15:36.880] It just terrifies them.
[01:15:36.880 --> 01:15:45.880] Now, we know that 99.9% of the time the Judicial Conduct Commission is going to do nothing.
[01:15:45.880 --> 01:15:49.880] But the judge doesn't know that.
[01:15:49.880 --> 01:15:55.880] He thinks these guys can end his career tomorrow, and he's right, they can.
[01:15:55.880 --> 01:15:57.880] But they're not going to.
[01:15:57.880 --> 01:16:02.880] But the thing about lawyers and judges, they are terrified.
[01:16:02.880 --> 01:16:04.880] So we get to use that against them.
[01:16:04.880 --> 01:16:13.880] You can have some serious fun here, and at the same time do some serious good.
[01:16:13.880 --> 01:16:19.880] We need these public officials to look at us differently.
[01:16:19.880 --> 01:16:24.880] They need to look out there and wonder, which one?
[01:16:24.880 --> 01:16:29.880] Which one is the one that's going to land on me like a ton of bricks next time?
[01:16:29.880 --> 01:16:32.880] That tells them to be more professional.
[01:16:32.880 --> 01:16:35.880] This is Randy Kelton, Rue de la Radio.
[01:16:35.880 --> 01:16:39.880] I call in number 512-646-1984.
[01:16:39.880 --> 01:16:42.880] Bill, have we pretty well answered your questions?
[01:16:42.880 --> 01:16:46.880] Do you have anything else for us?
[01:16:46.880 --> 01:16:47.880] If you do, it's okay.
[01:16:47.880 --> 01:16:51.880] I just want to make sure before we go to break.
[01:16:51.880 --> 01:16:55.880] Yeah, I could ask for some clarification on something you said.
[01:16:55.880 --> 01:16:56.880] Okay, hang on.
[01:16:56.880 --> 01:16:59.880] We'll be right back.
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[01:19:00.880 --> 01:19:10.880] This is the Logos Mofogo Radio Network.
[01:19:10.880 --> 01:19:33.880] Okay, we are back. Randy Kelton, Rule Of Law Radio. We're talking to Bill in Wisconsin. Bill, we need to move along.
[01:19:33.880 --> 01:19:41.880] I didn't realize we had four callers on the line. I had my page scrolled up.
[01:19:41.880 --> 01:19:45.880] I'd better let you get to it. What's that?
[01:19:45.880 --> 01:19:49.880] Okay, no. You wanted some clarification.
[01:19:49.880 --> 01:20:01.880] Okay, yeah. The clarification I wanted. Would you say avoid merits? Does that mean like trying to make an argument out of what they're doing?
[01:20:01.880 --> 01:20:04.880] And what was done wrong?
[01:20:04.880 --> 01:20:12.880] Yeah, never say I was traveling. When you say I was traveling, you get into the merits.
[01:20:12.880 --> 01:20:22.880] Say you don't have subject matter jurisdiction. There's no evidence before the court. You violated these procedures. You denied due process here.
[01:20:22.880 --> 01:20:29.880] When you start getting to the merits, that's when the judge will go to his discretion and he'll rule against you.
[01:20:29.880 --> 01:20:37.880] Okay, that's good insight. Okay, thank you very much. Thank you, Randy, for taking the time for this call.
[01:20:37.880 --> 01:20:44.880] And thank you for your hard work and all your folks, Deborah and Eddie and everybody.
[01:20:44.880 --> 01:20:49.880] Just make sure you have a lot of fun beating those guys up.
[01:20:49.880 --> 01:20:58.880] Well, it gets funner when I'm learning a little bit more. Sometimes it's not so fun, but as I learn a little bit more, it's a little bit more fun.
[01:20:58.880 --> 01:21:03.880] The problem you can have is it can get to be too much fun.
[01:21:03.880 --> 01:21:11.880] I avoid going to court because I enjoy it way too much.
[01:21:11.880 --> 01:21:17.880] Okay, well, that's probably an okay problem to have.
[01:21:17.880 --> 01:21:24.880] Okay, thank you, Bill. Now we're going to go to Sonny in Georgia. Hello, Sonny, what do you have for us today?
[01:21:24.880 --> 01:21:35.880] Hey, Randy, I've got a comment and a couple of questions on your 3D mind comments you were making earlier.
[01:21:35.880 --> 01:21:42.880] I think that there's a lot of good stuff there.
[01:21:42.880 --> 01:21:54.880] From my perspective, I usually deal with that, I guess, from a biblical worldview where the Bible tells us not to fear
[01:21:54.880 --> 01:22:02.880] and that God's given us a spirit of love and of power and of a sound mind.
[01:22:02.880 --> 01:22:19.880] If I'm doing what God wants me to do, I can go anywhere with confidence and not have to worry about the school teacher or the big bad guy or anything like that.
[01:22:19.880 --> 01:22:33.880] But on the flip side, you present a lot of very valuable tools and I've used a lot of them.
[01:22:33.880 --> 01:22:36.880] So keep up the good work.
[01:22:36.880 --> 01:22:42.880] Well, thank you. Okay, you had a question?
[01:22:42.880 --> 01:22:53.880] Yes, sir. How do you make these attorneys disclose proof of who they're representing?
[01:22:53.880 --> 01:23:03.880] If some attorney walks in and says, oh, I'm representing the trustee or I'm representing this bank or how do you make them prove
[01:23:03.880 --> 01:23:12.880] other than just say, oh, Your Honor, there's no proof. He's representing this guy. How do you make them prove up?
[01:23:12.880 --> 01:23:25.880] Well, I'm not sure that you can, but it raises the question of why would you do that?
[01:23:25.880 --> 01:23:33.880] Why would you want them to prove that they're representing this client?
[01:23:33.880 --> 01:23:55.880] Well, I suspect that some of these attorneys, especially these foreclosure mill attorneys, will just represent a whole number of these banks, these MERS-related banks and trustees
[01:23:55.880 --> 01:24:09.880] without really having any contract, any written contract at all. That's just a suspicion that I have that they just get a call,
[01:24:09.880 --> 01:24:16.880] oh, yeah, go in there and you're going to represent this bank today and they just go in there and do it.
[01:24:16.880 --> 01:24:28.880] Okay. What is the problem with that? Okay. What I'm getting to.
[01:24:28.880 --> 01:24:44.880] Every corporation is supposed to have representation from an attorney and there should be a contractual agreement.
[01:24:44.880 --> 01:24:50.880] Hold on. Hold on. You just made a proactive statement of law out of your own mouth.
[01:24:50.880 --> 01:25:01.880] There should be a contractual agreement. Must there be a contractual agreement?
[01:25:01.880 --> 01:25:09.880] And if so, where's the law that says there must be?
[01:25:09.880 --> 01:25:17.880] I can't quote the law, but I'm pretty sure that I've read that corporations have to be represented by an attorney.
[01:25:17.880 --> 01:25:27.880] Yeah, they do. Yeah, they do. But where you're going to is you're saying that it's not enough that this attorney walks into the courtroom and says,
[01:25:27.880 --> 01:25:41.880] I'm here to represent this corporation, this fictional entity. You're saying that in order for this attorney to do that,
[01:25:41.880 --> 01:25:53.880] he has to have a contract with that fictional entity. And I'm saying, I don't know if that's the case.
[01:25:53.880 --> 01:26:00.880] And I'm not trying to be pedantic. We want to make arguments, but we want to make good arguments.
[01:26:00.880 --> 01:26:20.880] And even if he was required to have a contract with that fictional entity, where would you get standing to make a claim?
[01:26:20.880 --> 01:26:33.880] Because here, the entity is being represented by a lawyer. How are you harmed?
[01:26:33.880 --> 01:26:44.880] Well, in my case, it was a TRO hearing, and they didn't show up to represent MERS, who I was actually suing.
[01:26:44.880 --> 01:26:53.880] They showed up. The attorney showed up to represent the trustee.
[01:26:53.880 --> 01:27:02.880] And I think that this attorney could have very well showed up if they wanted to to represent MERS.
[01:27:02.880 --> 01:27:09.880] Okay. What difference would that make? Okay. Let me take a step back.
[01:27:09.880 --> 01:27:18.880] If it's in a foreclosure issue, the trustee would have standing, even if you sued MERS,
[01:27:18.880 --> 01:27:33.880] since the trustee would be the one who holds legal title. Georgia, is that a judicial state or non-judicial?
[01:27:33.880 --> 01:27:45.880] Okay. So the trustee holds legal title. And if you sued MERS concerning the foreclosure,
[01:27:45.880 --> 01:27:54.880] that's going to involve legal title. So the trustee is going to have standing to step into the case.
[01:27:54.880 --> 01:28:04.880] And probably he could have filed a motion to dismiss for failure to join all necessary parties,
[01:28:04.880 --> 01:28:10.880] unless you were the defendant. If you're the defendant, then he doesn't want to dismiss.
[01:28:10.880 --> 01:28:20.880] But he could step in as an interested party, as an intervener. So he can step in, and he can do it with an attorney.
[01:28:20.880 --> 01:28:25.880] We're going to go after him. We need to be able to have a claim against him.
[01:28:25.880 --> 01:28:32.880] I don't mind the attorneys and I don't go after the attorney having a right to represent,
[01:28:32.880 --> 01:28:40.880] because I want to get crack at the attorney. You know, when you go to a lawyer
[01:28:40.880 --> 01:28:49.880] and you try to get him to represent your civil case, first thing he wants to know is where are the deep pockets?
[01:28:49.880 --> 01:28:58.880] Well, when I'm looking at foreclosure issues, I consider the lawyers to be one of the deep pockets.
[01:28:58.880 --> 01:29:06.880] So you want to come in and represent this guy? You need to talk to Mackie Wolf about that.
[01:29:06.880 --> 01:29:12.880] You come in here, the bank gives you this garbage documentation for you to foreclose on.
[01:29:12.880 --> 01:29:19.880] You want to come in here and file those in court? I'll land on you like a ton of bricks.
[01:29:19.880 --> 01:29:23.880] And you can complain that the bank gave you garbage documents all you want to.
[01:29:23.880 --> 01:29:30.880] Your problem, not my problem. I'm going to sue you so I can get into your malpractice insurance,
[01:29:30.880 --> 01:29:35.880] to your errors and emissions insurance. I want your deep pockets.
[01:29:35.880 --> 01:29:43.880] I want all the pockets I can get into, I can find. And a lawyer is one of those pockets.
[01:29:43.880 --> 01:29:51.880] Yeah, I can see that coming later. In this action, it was a quiet title to cancel out a...
[01:29:51.880 --> 01:30:01.880] Okay, hang on, we're about to go to break. Randy Kelton, Gluve Law Radio, we'll be right back.
[01:30:01.880 --> 01:30:05.880] The Bill of Rights contains the first ten amendments of our Constitution.
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[01:30:54.880 --> 01:31:00.880] That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:31:00.880 --> 01:31:06.880] It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers.
[01:31:06.880 --> 01:31:09.880] Third party? Third Amendment? Get it?
[01:31:09.880 --> 01:31:12.880] So if you answer a knock at your door and guys in fatigues demand lodging,
[01:31:12.880 --> 01:31:16.880] tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:31:16.880 --> 01:31:29.880] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:29.880 --> 01:31:35.880] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.880 --> 01:31:42.880] The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
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[01:31:57.880 --> 01:32:00.880] Go to RememberBuilding7.org today.
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[01:33:30.880 --> 01:33:47.880] The wicked come with temptations. They're trying to buy the whole place.
[01:33:47.880 --> 01:33:58.880] They want to poison the nation. Because they've fallen from grace.
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[01:34:09.880 --> 01:34:14.880] They've got this problem of dreaming up.
[01:34:14.880 --> 01:34:21.880] Okay, we are back. Randy Kelton with Logos Radio and we're talking to Sonny in Georgia.
[01:34:21.880 --> 01:34:34.880] Okay, Sonny. I wasn't trying to be pedantic earlier, but we need to really pick our battles really careful.
[01:34:34.880 --> 01:34:44.880] And only pick fights that we can win for one thing or if we can't win, we gain good ground.
[01:34:44.880 --> 01:34:52.880] I try to avoid fights where if I win, it makes no difference.
[01:34:52.880 --> 01:34:58.880] Because you use up time, you use up energy.
[01:34:58.880 --> 01:35:03.880] And if it doesn't move me in the direction I want to go, it's of no purpose.
[01:35:03.880 --> 01:35:12.880] And if you take on an issue like that that makes no difference, it's really going to get the courts frustrated at you.
[01:35:12.880 --> 01:35:15.880] It's bad enough they want to rule against us anyway.
[01:35:15.880 --> 01:35:22.880] We need to be careful not to give them extra reason. Does that make sense?
[01:35:22.880 --> 01:35:29.880] Yeah, fair enough. If I could ask you a question on rescission.
[01:35:29.880 --> 01:35:33.880] Okay.
[01:35:33.880 --> 01:35:42.880] I rescinded – I sent a notice of rescission back 1st of November.
[01:35:42.880 --> 01:35:48.880] So 20 days went by, no response.
[01:35:48.880 --> 01:36:06.880] I am past that three-year window, but there are some people theorizing that the Supreme Court ruling,
[01:36:06.880 --> 01:36:20.880] Justinowski, that's Scalia, he said whether it's disputed or undisputed, it's effectual immediately when you send it.
[01:36:20.880 --> 01:36:27.880] And then they have the duty to challenge it within the 20 days in court.
[01:36:27.880 --> 01:36:38.880] That's exactly the position I was taking, that the statute of limitations is not a bar to rescission.
[01:36:38.880 --> 01:36:43.880] The statute of limitations is an affirmative defense to rescission.
[01:36:43.880 --> 01:36:50.880] So in your case, you filed rescission out of time.
[01:36:50.880 --> 01:36:58.880] Well, the other party had a duty to raise the affirmative defense of out of time.
[01:36:58.880 --> 01:37:09.880] Because the way statutes of limitations work, if they come and foreclose on you beyond the four or six-year statute of limitations,
[01:37:09.880 --> 01:37:16.880] and you don't raise that issue, then they can foreclose on you.
[01:37:16.880 --> 01:37:23.880] If they foreclose on you, and they get the property, and then after it's all done, you come back and say,
[01:37:23.880 --> 01:37:25.880] wait a minute, wait a minute, they were out of time.
[01:37:25.880 --> 01:37:29.880] The court's going to say, well, you should have brought that up before.
[01:37:29.880 --> 01:37:34.880] You sat on your rights, and that's called laches.
[01:37:34.880 --> 01:37:36.880] You're subject to laches.
[01:37:36.880 --> 01:37:40.880] If you sit on your rights, you waive them.
[01:37:40.880 --> 01:37:43.880] Rights belong to the belligerent litigant.
[01:37:43.880 --> 01:37:46.880] If you don't raise them, you waive them.
[01:37:46.880 --> 01:37:51.880] And in this case, turn it back on the banks.
[01:37:51.880 --> 01:37:58.880] So what do you plan to do now that you filed with notice of rescission, they're out of time?
[01:37:58.880 --> 01:38:01.880] What's your next step?
[01:38:01.880 --> 01:38:15.880] I'm thinking my next step is to file in the courthouse record a notice stating that very fact
[01:38:15.880 --> 01:38:23.880] so that anyone who goes to look on the record will see the notice of rescission.
[01:38:23.880 --> 01:38:26.880] Let me make a suggestion.
[01:38:26.880 --> 01:38:27.880] Okay.
[01:38:27.880 --> 01:38:32.880] File a quiet title action, I think it has an odd name.
[01:38:32.880 --> 01:38:38.880] Were you the one that brought up the odd name in Georgia for a quiet title?
[01:38:38.880 --> 01:38:40.880] It sounds like quite him.
[01:38:40.880 --> 01:38:41.880] Yeah.
[01:38:41.880 --> 01:38:42.880] Yes, sir.
[01:38:42.880 --> 01:38:43.880] Okay.
[01:38:43.880 --> 01:38:51.880] It has an odd name, but in effect, you file a claim against the deed of trust,
[01:38:51.880 --> 01:38:58.880] claiming that the deed of trust is void due to rescission
[01:38:58.880 --> 01:39:03.880] and ask the court to rule that the deed of trust is void due to rescission.
[01:39:03.880 --> 01:39:05.880] Don't ask for any damages.
[01:39:05.880 --> 01:39:13.880] Don't accept any ruling that includes any damages because that's how the courts are trying to screw you.
[01:39:13.880 --> 01:39:19.880] This is simply a declaratory judgment suit.
[01:39:19.880 --> 01:39:23.880] I have one in Texas and they removed it to the federal court.
[01:39:23.880 --> 01:39:26.880] I'm going to go to the federal court and say,
[01:39:26.880 --> 01:39:35.880] this does not meet the $75,000 limit for removal.
[01:39:35.880 --> 01:39:38.880] There's no money involved.
[01:39:38.880 --> 01:39:40.880] Merely a declaratory judgment.
[01:39:40.880 --> 01:39:43.880] If you allow them to do anything more than declaratory judgment,
[01:39:43.880 --> 01:39:47.880] they'll appeal it and the appeals court will throw it out on you.
[01:39:47.880 --> 01:39:53.880] Quiet title action is kind of a stealth move.
[01:39:53.880 --> 01:40:00.880] If you look at the documents in your case, is the original lender still in business?
[01:40:00.880 --> 01:40:02.880] No.
[01:40:02.880 --> 01:40:13.880] Did the original lender assign the deed of trust to someone else before they went out of business?
[01:40:13.880 --> 01:40:17.880] If you consider Merz to be someone...
[01:40:17.880 --> 01:40:18.880] No, no, no.
[01:40:18.880 --> 01:40:19.880] Okay.
[01:40:19.880 --> 01:40:23.880] Merz, they call them nominee, but Merz is an agent.
[01:40:23.880 --> 01:40:25.880] Right.
[01:40:25.880 --> 01:40:35.880] So if Merz filed an assignment before the company went out of business,
[01:40:35.880 --> 01:40:38.880] then they acted as an agent for the company.
[01:40:38.880 --> 01:40:43.880] But if they filed it after the company went out of business,
[01:40:43.880 --> 01:40:47.880] then they can't do a filing for a dead guy.
[01:40:47.880 --> 01:40:48.880] Right.
[01:40:48.880 --> 01:40:53.880] So did Merz file an assignment, when did they do that?
[01:40:53.880 --> 01:40:56.880] Before this company went out of business or after?
[01:40:56.880 --> 01:41:00.880] About three years after.
[01:41:00.880 --> 01:41:14.880] So you file a quiet title action against the deed of trust and you only notice the name on the deed of trust.
[01:41:14.880 --> 01:41:25.880] And then likely, Merz is going to come back and raise an objection claiming that they had a right to be noticed.
[01:41:25.880 --> 01:41:36.880] Now, Merz has to come in and show that they were a proper agent for this company three years after it went out of business.
[01:41:36.880 --> 01:41:38.880] Good luck on that, guys.
[01:41:38.880 --> 01:41:41.880] And you get your ruling on the quiet title.
[01:41:41.880 --> 01:41:53.880] It's a lot simpler for the court to give you a ruling based on the statutory filing requirements.
[01:41:53.880 --> 01:42:04.880] Quiet title, you want to go in and say that based on the four corners of this document,
[01:42:04.880 --> 01:42:12.880] this particular document is void based on these very simple laws.
[01:42:12.880 --> 01:42:26.880] Recision, according to Jasinowski, voids this document and the Supreme Court unanimous decision just rules that a rescission voids this document.
[01:42:26.880 --> 01:42:34.880] Therefore, this court has no authority to do anything other than to rule that this document is void.
[01:42:34.880 --> 01:42:37.880] You get the quiet title.
[01:42:37.880 --> 01:42:40.880] Now, everything else falls apart before it.
[01:42:40.880 --> 01:42:43.880] Now, that becomes res judicata.
[01:42:43.880 --> 01:42:49.880] Once you get the quiet title, don't do anything for 30 days.
[01:42:49.880 --> 01:42:55.880] Once the 30 days is passed, it is a done deal.
[01:42:55.880 --> 01:43:00.880] Nobody can come back and revisit that decision by the judge.
[01:43:00.880 --> 01:43:02.880] Res judicata is done.
[01:43:02.880 --> 01:43:09.880] So anybody else tries to do anything based on that deed of trust, they have no standing.
[01:43:09.880 --> 01:43:17.880] So if I filed that quiet title action, who would I file that against?
[01:43:17.880 --> 01:43:20.880] I guess the original lender.
[01:43:20.880 --> 01:43:23.880] It's technically not against anyone.
[01:43:23.880 --> 01:43:25.880] It's a declaratory judgment.
[01:43:25.880 --> 01:43:33.880] You're asking the court to give you a ruling based on law, and you notice interested parties.
[01:43:33.880 --> 01:43:39.880] Well, the only interested party in this case was the original lender.
[01:43:39.880 --> 01:43:41.880] Merge is going to claim they're an interested party.
[01:43:41.880 --> 01:43:45.880] You're going to say, how are you an interested party?
[01:43:45.880 --> 01:43:47.880] The company's dead.
[01:43:47.880 --> 01:43:48.880] Okay.
[01:43:48.880 --> 01:43:49.880] Hang on.
[01:43:49.880 --> 01:43:50.880] Randy Kelton, Wheel of Law Radio.
[01:43:50.880 --> 01:43:51.880] We do need to move along.
[01:43:51.880 --> 01:43:53.880] Got a bunch of calls.
[01:43:53.880 --> 01:43:55.880] Call in number 512-646-1984.
[01:43:55.880 --> 01:43:59.880] We'll be right back.
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[01:46:00.880 --> 01:46:20.880] Okay, we are back.
[01:46:20.880 --> 01:46:26.880] Randy Kelton, Rule of Law Radio, and we're talking to Sonny in Georgia.
[01:46:26.880 --> 01:46:31.880] Okay, go ahead, Sonny. Where were we?
[01:46:31.880 --> 01:46:45.880] I've got a quiet title action that I filed to cancel the assignment that I filed one day before the bank bought it back on the courthouse steps.
[01:46:45.880 --> 01:46:48.880] Should I amend that?
[01:46:48.880 --> 01:46:59.880] No, no, no, no.
[01:46:59.880 --> 01:47:03.880] I'm sorry, you were breaking up. I've never heard you break up before.
[01:47:03.880 --> 01:47:08.880] Okay, file a quiet title action against the deed of trust.
[01:47:08.880 --> 01:47:10.880] Okay, so I would have two.
[01:47:10.880 --> 01:47:13.880] A totally separate action.
[01:47:13.880 --> 01:47:15.880] Gotcha.
[01:47:15.880 --> 01:47:26.880] And only notice the original lender. If someone else wants to claim they have an interest, let them come and prove it.
[01:47:26.880 --> 01:47:33.880] Yeah. Yeah, and give them some of their own medicine. No standing.
[01:47:33.880 --> 01:47:41.880] Exactly. Okay, is that it, Sonny?
[01:47:41.880 --> 01:47:46.880] Yes, sir. That's it. I hope you feel better and have a Merry Christmas.
[01:47:46.880 --> 01:47:48.880] Thank you very much.
[01:47:48.880 --> 01:47:58.880] Okay, now we're going to go to Scott in Texas, if I can get this thing to get me to him.
[01:47:58.880 --> 01:48:02.880] I'm having a little issue with my machine here.
[01:48:02.880 --> 01:48:05.880] Okay, there we go. Hello, Scott.
[01:48:05.880 --> 01:48:07.880] Hey, can you hear me?
[01:48:07.880 --> 01:48:08.880] Yes, I can.
[01:48:08.880 --> 01:48:09.880] Hello.
[01:48:09.880 --> 01:48:21.880] Okay. Hey, I want to know, I have all my motions hearing, and I was challenging subject matter and jurisdiction and all that.
[01:48:21.880 --> 01:48:29.880] And the judge basically started shouting me down. I had all my motions in there. I got from Randy and stuff.
[01:48:29.880 --> 01:48:36.880] Wait a minute, hold on. The judge started shouting you down?
[01:48:36.880 --> 01:48:47.880] Yeah, practically so. He told me that what I was saying was not law because, you know, I started immediately going into a little pre-spill.
[01:48:47.880 --> 01:48:58.880] You know, it's like I stand on the, no, I come in special appearance and challenging subject matter jurisdiction because I was not engaged in commercial transportation.
[01:48:58.880 --> 01:49:09.880] And soon as I said that, he just started going ballistic. My case is a little famous because I had a video, I shot the video and it went viral.
[01:49:09.880 --> 01:49:12.880] So everybody up here in Dallas kind of knows about it.
[01:49:12.880 --> 01:49:24.880] So you need to file a motion to disqualify the judge for incompetence.
[01:49:24.880 --> 01:49:37.880] If the judge is unable to conduct himself in a professional and businesslike manner, that he demonstrates emotional lack of control,
[01:49:37.880 --> 01:49:46.880] and you have a right to a fair and honest jurist in the first instance, ask that he be recused for emotional incompetence.
[01:49:46.880 --> 01:49:53.880] You want to raise your voice to me, you arrogant jerk? I'd be glad to take it to you.
[01:49:53.880 --> 01:50:02.880] He needs to understand. Wait a minute. Wait a minute. Hold on. Dallas, you wouldn't happen to be in Richardson, would you?
[01:50:02.880 --> 01:50:04.880] It was Addison.
[01:50:04.880 --> 01:50:09.880] Addison. Is it a JP or a municipal judge?
[01:50:09.880 --> 01:50:12.880] Municipal.
[01:50:12.880 --> 01:50:19.880] Man, judge starts raising his voice to me. I'm calling the bailiff. I want him arrested.
[01:50:19.880 --> 01:50:27.880] Actually, the bailiff come walked up and he was like standing by me like they were thinking I was going to jump over there and kind of beat up the judge or something.
[01:50:27.880 --> 01:50:35.880] I would tell the judge, I supported the case. He made me get, because, you know, in Eddie's motion, you get all those cases.
[01:50:35.880 --> 01:50:48.880] So he wanted me to cite all the case law. So I had to go print off 988 pages, go down, copy it all down out of SMU, submitted 988 pages of case law to him.
[01:50:48.880 --> 01:50:55.880] Basically didn't even look at that. And then I had my law book in there with me.
[01:50:55.880 --> 01:51:06.880] Like I say, when it started off and I got into commercial transportation, he was telling me that is not law. What you're saying is not law and just went crazy off.
[01:51:06.880 --> 01:51:11.880] Then you need to file criminally against the judge.
[01:51:11.880 --> 01:51:18.880] Well, I need to know what proper steps to do that. I mean, I need to have him recused. Sure.
[01:51:18.880 --> 01:51:27.880] I would do that right in the courtroom. If the judge wants to try to tamper with me as a witness.
[01:51:27.880 --> 01:51:37.880] Let's see how that works out for you, Bubba. One thing I suggest you might try, especially since you're in Dallas Fort Worth,
[01:51:37.880 --> 01:51:46.880] is write up an official oppression complaint against the judge, bring it to Tarrant County.
[01:51:46.880 --> 01:51:55.880] So I'm working them over in Tarrant County. You're in Tarrant County? Yeah, well, I'm northwest of Fort Worth.
[01:51:55.880 --> 01:52:00.880] I'm in Wise County. But I've been working them over in Tarrant County.
[01:52:00.880 --> 01:52:09.880] I have filed against a couple of judges in Tarrant County, and I'm working on the district attorney there.
[01:52:09.880 --> 01:52:14.880] The district attorney now stands aside and you can take the complaints in.
[01:52:14.880 --> 01:52:25.880] I took a set of complaints to the Tarrant County district attorney against Craig Watkins, the Dallas County, ex-Dallas County district attorney.
[01:52:25.880 --> 01:52:35.880] And she stood aside. I got a letter from the foreman of the grand jury that said that under Article 20.09,
[01:52:35.880 --> 01:52:43.880] that the grand jury has a duty to examine into all crimes subject to indictment that come to their knowledge
[01:52:43.880 --> 01:52:49.880] by way of any member of the grand jury, prosecuting attorney, or any credible person.
[01:52:49.880 --> 01:52:58.880] We examine into your accusations and find no Tarrant County offenses subject to indictment. Is that a fact, Jack?
[01:52:58.880 --> 01:53:08.880] So just what part of all crimes subject to indictment is hard for you to understand?
[01:53:08.880 --> 01:53:14.880] So now I'm going back to file criminal charges against the foreman of the grand jury.
[01:53:14.880 --> 01:53:22.880] Let him explain that. And what he's going to explain is that he went to a district judge and district judge advised him to do this.
[01:53:22.880 --> 01:53:28.880] Well, good. You conspired with a district judge. We'll take you both to the grand jury.
[01:53:28.880 --> 01:53:38.880] So we're kind of shaking up the grand juries there. So this might be a good time to file criminal charges against these guys.
[01:53:38.880 --> 01:53:47.880] Okay. It is so much fun. This is how you do it. You go down to the criminal courts building in Fort Worth,
[01:53:47.880 --> 01:53:54.880] and that's the building right next to the jail. You go in, you get on the elevator and take it to the second floor.
[01:53:54.880 --> 01:54:02.880] Well, the second floor is in that section is open. So you walk out of the elevator and you walk toward the middle of the building
[01:54:02.880 --> 01:54:08.880] and there's a big open space there and there's a walkway around the open space.
[01:54:08.880 --> 01:54:18.880] Well, when you walk from the elevator to the railing where you can look down on the first floor, if you look straight across, that's where the grand jury is.
[01:54:18.880 --> 01:54:25.880] You just walk halfway around and there's a door there. You go in and there'll be a bailiff behind the glass.
[01:54:25.880 --> 01:54:33.880] You tell him your name and tell him instruct the foreman that I have business with the grand jury.
[01:54:33.880 --> 01:54:43.880] And he will say, Matt, I just got quiet.
[01:54:43.880 --> 01:54:50.880] That's not good.
[01:54:50.880 --> 01:54:53.880] Can you hear me still?
[01:54:53.880 --> 01:54:55.880] Yeah, I hear you.
[01:54:55.880 --> 01:55:03.880] Oh, OK. It just got real quiet. I have a desktop in front of me that got blue screen and went dead and it got real quiet in here.
[01:55:03.880 --> 01:55:08.880] And I thought everything had crapped out on me. OK, it did.
[01:55:08.880 --> 01:55:16.880] So anyway, you tell the bailiff, tell him your name, instruct the foreman that I have business with the grand jury.
[01:55:16.880 --> 01:55:20.880] And he will say, may I tell him the nature of the business? You say, yes, you may.
[01:55:20.880 --> 01:55:27.880] You hand him a set of folders, one for each of the 12 members of the grand jury.
[01:55:27.880 --> 01:55:30.880] And then you go away.
[01:55:30.880 --> 01:55:36.880] That's when it starts getting interesting.
[01:55:36.880 --> 01:55:54.880] What I've done is I've kind of stepped on the ADA that handles the grand jury because I filed some criminal complaints with this bailiff and didn't get a response.
[01:55:54.880 --> 01:56:03.880] So I went back to the bailiff and asked him, which grand jury did you give my complaints to?
[01:56:03.880 --> 01:56:07.880] And he said, I don't know.
[01:56:07.880 --> 01:56:12.880] Wait a minute. You don't know. How do you not know?
[01:56:12.880 --> 01:56:17.880] Well, I just don't remember. Oh, you don't remember. OK, well, then who would know?
[01:56:17.880 --> 01:56:28.880] And he said, Dixie, I forget her last name. She's the ADA that handles the grand jury. She said she would know.
[01:56:28.880 --> 01:56:36.880] So how would she know? These are supposed to be given to the foreman of the grand jury, not to ADA.
[01:56:36.880 --> 01:56:43.880] So what I think the bailiff did was give them to the ADA and the ADA did not give them to the grand jury.
[01:56:43.880 --> 01:56:56.880] So I talked to the district attorney's secretary and I'm sending her a statement concerning this.
[01:56:56.880 --> 01:57:03.880] And I'm going to claim that I lost all of my documentation on these last complaints.
[01:57:03.880 --> 01:57:10.880] So I'm going to have to come back and refile them because I don't want to go after her ADA.
[01:57:10.880 --> 01:57:15.880] But when I go refile them, I don't want them interfered with.
[01:57:15.880 --> 01:57:21.880] This will open the door where we can take these guys directly to a grand jury.
[01:57:21.880 --> 01:57:29.880] But that Addison judge finds out that he's going to he's likely to have to explain to a grand jury of your peers,
[01:57:29.880 --> 01:57:37.880] his arrogant behavior that is likely to change everything.
[01:57:37.880 --> 01:57:43.880] This is this could be a really huge deal. I mean, I got a friend of mine say he goes,
[01:57:43.880 --> 01:57:47.880] there's no way they could let you win if they did. You would change the whole law in Texas.
[01:57:47.880 --> 01:57:51.880] There's just no way. You know, it's like you were talking about earlier.
[01:57:51.880 --> 01:57:57.880] So, I mean, it's it's kind of, you know, anybody out there listening,
[01:57:57.880 --> 01:58:01.880] just Google Addison, Texas cops smashing out window.
[01:58:01.880 --> 01:58:08.880] And that's me in there, pathetically not paying attention to doing it correctly by Eddie's rules.
[01:58:08.880 --> 01:58:14.880] But half ass trying to do it. Well, it's OK. You don't have to do it all right.
[01:58:14.880 --> 01:58:21.880] It's your help. You've you challenged the judge's subject matter jurisdiction.
[01:58:21.880 --> 01:58:28.880] Sue it. The only time you can sue a judge is when he lacks subject matter jurisdiction.
[01:58:28.880 --> 01:58:34.880] This opens the door for you to file a civil action against the judge for acting without subject matter jurisdiction.
[01:58:34.880 --> 01:58:41.880] And this gets this before a different court. This gets before a district court.
[01:58:41.880 --> 01:58:44.880] Well, I got the child. Hang on. We'll be right back.
[01:58:44.880 --> 01:58:49.880] Randy Kelton with our radio. We'll be right back.
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