ROL_2016-04-22_16k_Hr1-2.timecode
[00:00.000 --> 00:05.800] The following newsflash is brought to you by the Lone Star Lowdown, providing you daily
[00:05.800 --> 00:13.440] bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.440 --> 00:21.200] into the tides of the alternative.
[00:21.200 --> 00:25.320] Markets for Wednesday, the 20th of April, 2016, are currently treading with gold at
[00:25.320 --> 00:34.240] $1,253.14 an ounce, silver, $17.14 an ounce, Texas crude, $41.08 a barrel, and Bitcoin
[00:34.240 --> 00:42.840] is currently at about $440 U.S. currency.
[00:42.840 --> 00:48.400] Today in history, the year, 1999, the Columbine High School shootings take place in Colorado.
[00:48.400 --> 00:51.120] 13 people were killed with 24 being injured.
[00:51.120 --> 00:57.880] The Columbine shootings took place today in history.
[00:57.880 --> 01:02.240] In recent news, Treasury Secretary Jack Lew is expected to announce later today that Harriet
[01:02.240 --> 01:06.240] Tubman, the African-American abolitionist most famous for her role in helping slaves
[01:06.240 --> 01:10.400] escape through the Underground Railroad, will soon be the new face on the $20 bill.
[01:10.400 --> 01:15.080] With the U.S. Founding Father Alexander Hamilton remaining on the $10 paper note, the new $10
[01:15.080 --> 01:17.240] bill is set to be unveiled in 2020.
[01:17.240 --> 01:27.240] The timing for the production of the new Harriet Tubman $20 bill, however, is yet to be announced.
[01:27.240 --> 01:30.600] More than a dozen criminal charges have been filed today against three officials in Michigan
[01:30.600 --> 01:35.120] as part of a months-long investigation into the lead-contaminated water crisis in Flint.
[01:35.120 --> 01:38.160] The charges are the first from the government catastrophe, which has potentially exposed
[01:38.160 --> 01:40.960] roughly 100,000 residents to lead-contaminated water.
[01:40.960 --> 01:44.560] As a result of this, which many are calling criminal negligence, the crisis has led to
[01:44.560 --> 01:48.560] an investigation of the possible links between the tainted water and a dozen deaths from
[01:48.560 --> 01:52.120] Legionnaires' disease.
[01:52.120 --> 01:58.000] In 2015, local, state, and federal authorities, through the Drug Enforcement Administration's
[01:58.000 --> 02:02.680] Controversial Cannabis Eradication Program, uprooted roughly 4.1 million cultivated marijuana
[02:02.680 --> 02:07.440] plants in all 50 states as compared to the 4.3 million plants in 2014, while federal
[02:07.440 --> 02:11.480] spending on the program has remained roughly the same at $18 million in the last few years
[02:11.480 --> 02:14.760] and tallies down to roughly $4.42 per plant.
[02:14.760 --> 02:18.800] This DEA's program provides funding to 128 state and local law enforcement agencies to
[02:18.800 --> 02:22.440] search for, seize, and destroy marijuana being grown across the country.
[02:22.440 --> 02:25.520] Much of the money for the program comes from the Justice Department's highly controversial
[02:25.520 --> 02:28.440] and constitutionally questionable Asset Forfeiture Fund.
[02:28.440 --> 02:32.760] However, at least two states have declined to accept federal eradication funds last year,
[02:32.760 --> 02:35.280] Alaska and Colorado, where marijuana is now legal.
[02:35.280 --> 02:38.520] Four states, including even the District of Columbia, have legalized marijuana for adult
[02:38.520 --> 02:43.080] use, with several other states hoping to follow smoke this year, with an ever-growing opposition
[02:43.080 --> 02:46.520] from researchers, lawmakers, doctors, and the general public calling on the federal
[02:46.520 --> 02:50.400] government to change course on marijuana policy and save us all some money.
[02:50.400 --> 03:09.880] This is Rick Roady with your lowdown to 4.20 2016.
[03:09.880 --> 03:21.400] Thanks, y'all.
[03:21.400 --> 03:32.400] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.400 --> 03:38.400] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.400 --> 03:43.400] When you were eight and you had bad traits You'd go to school and learn the golden rules
[03:43.400 --> 03:49.400] So why are you acting like a bloody fool? If you get hot then you must get cool
[03:49.400 --> 04:00.400] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:00.400 --> 04:03.400] You took it on that one You took it on this one
[04:03.400 --> 04:05.400] You took it on your mother And you took it on your father
[04:05.400 --> 04:09.400] You took it on your brother And you took it on your sister
[04:09.400 --> 04:10.400] You took it on that one And you took it on me
[04:10.400 --> 04:16.400] Okay, howdy, howdy, this is Randy Kelton and Vette Stevens, Vette Stevens, Debra Stevens,
[04:16.400 --> 04:19.400] Vette Mott, Vette Chatt.
[04:19.400 --> 04:22.400] Razy, that is so not fair.
[04:22.400 --> 04:26.400] I used to say, you know, last night I did the show and it was Randy Kelton and Vette
[04:26.400 --> 04:30.400] Stevens and I'm trying to do two other things at once.
[04:30.400 --> 04:37.400] I'm old, I don't multitask well, and my VT just crashed on me.
[04:37.400 --> 04:41.400] Okay, let's start this again.
[04:41.400 --> 04:50.400] Randy Kelton, Vette Pack, rule of law video on this Friday, the 22nd day of April, 2016.
[04:50.400 --> 04:57.400] And I want to start out with and let Vette kind of give us a bio, I think once you've
[04:57.400 --> 05:04.400] listened to her a while, you'll understand why I wanted to bring her on as a co-host.
[05:04.400 --> 05:11.400] Since I've been doing shows, I think it's about eight years now, I've only recommended
[05:11.400 --> 05:14.400] two other people to be on the radio.
[05:14.400 --> 05:19.400] Unfortunately, one of them's in a federal prison, but we won't talk about Mike.
[05:19.400 --> 05:21.400] It had nothing to do with the show.
[05:21.400 --> 05:24.400] And the other one was Eddie Craig.
[05:24.400 --> 05:31.400] So I don't recommend people often, but the first time I spoke to Vette, I knew this is
[05:31.400 --> 05:34.400] the person I needed for co-host.
[05:34.400 --> 05:41.400] Vette, will you kind of give us a background on who we're listening to here?
[05:41.400 --> 05:45.400] Sure, Randy, but I'll tell you first and foremost, I'm not going to be the one that
[05:45.400 --> 05:47.400] goes to jail.
[05:47.400 --> 05:50.400] I'll be the other one.
[05:50.400 --> 05:53.400] You're going to miss out on all the fun.
[05:53.400 --> 06:01.400] I went to the district court in Decatur, and Vette is from Decatur, or her business is
[06:01.400 --> 06:02.400] there.
[06:02.400 --> 06:11.400] I invited her up for the fireworks, but fortunately she had an appointment in her business and
[06:11.400 --> 06:12.400] couldn't make it.
[06:12.400 --> 06:14.400] She missed all of the fun.
[06:14.400 --> 06:18.400] I was very sad.
[06:18.400 --> 06:24.400] I did not get beaten into unconsciousness this time, but it got hairy there for a while,
[06:24.400 --> 06:26.400] and we'll talk about that a little later.
[06:26.400 --> 06:30.400] Yes, I'm definitely going to have to show it as your bodyguard the next time.
[06:30.400 --> 06:33.400] Okay, that's what I needed.
[06:33.400 --> 06:46.400] Vette, she's 5'2", 120 pounds, and she can press more than I can by a considerable amount.
[06:46.400 --> 06:49.400] Black belt in karate.
[06:49.400 --> 06:52.400] I will be introducing her as my bodyguard.
[06:52.400 --> 07:04.400] Okay, kind of give them an idea of who you are, because you're so well-rounded that frankly
[07:04.400 --> 07:05.400] I was impressed.
[07:05.400 --> 07:07.400] Well, thank you.
[07:07.400 --> 07:10.400] You do have a kind heart in there.
[07:10.400 --> 07:17.400] She's got a lot of fat wrapped around her.
[07:17.400 --> 07:24.400] Okay, well, basically I started out as wanting to be an actress.
[07:24.400 --> 07:33.400] I did a lot of film coaching in Dallas and actually auditioned for a few movies in Austin,
[07:33.400 --> 07:44.400] and Taekwondo was on Texas Walker Ranger for quite some time as a person in the karate
[07:44.400 --> 07:50.400] class and also a stand-in, which is the behind the scenes with the film crew.
[07:50.400 --> 07:55.400] After that, I decided that I was kind of a blonde needle in a haystack and tried to figure
[07:55.400 --> 07:59.400] out what the heck I was going to do with myself, and I love helping people.
[07:59.400 --> 08:05.400] I was impassioned as a child and always thought that it would be great to be the person that
[08:05.400 --> 08:10.400] could take all of the people that wanted to lose weight and say, poof, okay, here you
[08:10.400 --> 08:11.400] go.
[08:11.400 --> 08:12.400] I've made you lose the weight.
[08:12.400 --> 08:13.400] You're where you want to be now.
[08:13.400 --> 08:14.400] Sign a contract.
[08:14.400 --> 08:15.400] Stay with me.
[08:15.400 --> 08:16.400] I'll teach you how to keep it.
[08:16.400 --> 08:18.400] The moment you leave, you're going to get it back.
[08:18.400 --> 08:21.400] So that way it was a win-win situation.
[08:21.400 --> 08:24.400] Since then, I am now a therapeutic massage therapist.
[08:24.400 --> 08:32.400] I'm a personal trainer in a personal training studio and basically trying to make it big
[08:32.400 --> 08:34.400] in this awesome world.
[08:34.400 --> 08:39.400] I ran into Randy and it was, to me, I was a godsend.
[08:39.400 --> 08:43.400] It sort of happened by chance.
[08:43.400 --> 08:47.400] She was a great advantage for me.
[08:47.400 --> 08:53.400] You remind me of Deborah when we first started.
[08:53.400 --> 08:54.400] That's what I need.
[08:54.400 --> 08:57.400] When I do this show, I'm speaking into a microphone.
[08:57.400 --> 09:00.400] I can't see my audience.
[09:00.400 --> 09:05.400] I know my subject matter pretty well.
[09:05.400 --> 09:11.400] There's always a problem with people who really know their subject matter and those who listen
[09:11.400 --> 09:19.400] to the show a lot will be aware of that because we get guys on that talk about different subjects
[09:19.400 --> 09:22.400] and they really know their subject well.
[09:22.400 --> 09:27.400] But they don't know it so well.
[09:27.400 --> 09:34.400] They don't always know what you and I need to know to be able to keep up with it.
[09:34.400 --> 09:39.400] The easy stuff, they tend to skip over and they just jump from one thing to another.
[09:39.400 --> 09:44.400] If you've listened to the show a lot, you have probably heard me a number of times working
[09:44.400 --> 09:46.400] with a guest.
[09:46.400 --> 09:50.400] I know sometimes these guys get annoyed at me.
[09:50.400 --> 09:56.400] But I keep backing them up because when I get a sophisticated guest like that, I try
[09:56.400 --> 10:01.400] to shift into the mode that I really need that for.
[10:01.400 --> 10:12.400] I try to shift into what question is my listener going to have that the speaker is not answering.
[10:12.400 --> 10:19.400] I can do that generally when I have a sophisticated guest on.
[10:19.400 --> 10:24.400] But when I'm talking, I don't have the clues to what you don't know.
[10:24.400 --> 10:33.400] I'm too busy trying to sort out what I'm trying to say to be able to multitask well enough
[10:33.400 --> 10:35.400] to run that many tracks.
[10:35.400 --> 10:37.400] This is why I wanted to bring that on.
[10:37.400 --> 10:43.400] But she is very, very smart and will catch up quickly.
[10:43.400 --> 10:53.400] Something that really sparked me about you whenever I met you was that when you introduced
[10:53.400 --> 11:00.400] this rule of law to me and started talking about what you do and how you help people,
[11:00.400 --> 11:02.400] I was in that situation.
[11:02.400 --> 11:11.400] I was taken advantage of by an ex-husband and lost my dad about 8, 10 years ago.
[11:11.400 --> 11:18.400] My ex-husband convinced me to put my land, my inheritance, 344 acres up for collateral,
[11:18.400 --> 11:20.400] and I was foreclosed on.
[11:20.400 --> 11:22.400] I lost all of my inheritance.
[11:22.400 --> 11:28.400] I fought with a bankruptcy lawyer to try to get it back and ended up losing.
[11:28.400 --> 11:31.400] I'm trying to buy back 70 of those acres.
[11:31.400 --> 11:36.400] Had I known Randy at the time, I know that I probably would have had a hell of a lot
[11:36.400 --> 11:40.400] better chance than the Yahoo that I had hired in Fort Worth.
[11:40.400 --> 11:45.400] So for those of you out there that are going through this, you're in a good place
[11:45.400 --> 11:48.400] listening to this show.
[11:48.400 --> 11:50.400] Well, I hope so.
[11:50.400 --> 11:58.400] And I try not to get other people put in jail, although that happens to me on occasion.
[11:58.400 --> 12:03.400] It's an addiction.
[12:03.400 --> 12:07.400] Putting public officials on the dime and getting to watch them do that little chicken
[12:07.400 --> 12:11.400] dance, I really enjoy that way too much.
[12:11.400 --> 12:14.400] And every once in a while, it gets me knocked around.
[12:14.400 --> 12:18.400] It's got a few bones broken, but I'm getting too old for that.
[12:18.400 --> 12:23.400] I'm trying to avoid the lacerations and contusions.
[12:23.400 --> 12:29.400] I've also gotten better at presenting how to do this.
[12:29.400 --> 12:40.400] And well, Thursday, Thursday was the culmination of years of preparation.
[12:40.400 --> 12:48.400] You got to make sure they know that you're putting the opponent in jail and not them.
[12:48.400 --> 12:52.400] You don't have to think that you're putting them in jail.
[12:52.400 --> 12:59.400] Well, okay, may I miss that?
[12:59.400 --> 13:01.400] Listeners in jail.
[13:01.400 --> 13:05.400] And actually, I'm filing criminal charges against officials, but I really don't want
[13:05.400 --> 13:10.400] them in jail either.
[13:10.400 --> 13:14.400] The law is not about punishment.
[13:14.400 --> 13:16.400] Law enforcement is not about punishment.
[13:16.400 --> 13:19.400] It's about deterrence.
[13:19.400 --> 13:26.400] And if I can find an effective deterrent that doesn't involve putting people in jail, I
[13:26.400 --> 13:29.400] prefer that.
[13:29.400 --> 13:40.400] And just from my perspective as an engineer, I'm looking at what will accrue for us the
[13:40.400 --> 13:44.400] best ultimate outcome.
[13:44.400 --> 13:51.400] Yeah, serving out a little retribution would feel good.
[13:51.400 --> 13:58.400] And I would get a feeling of fulfillment if I got one of these guys arrested.
[13:58.400 --> 14:05.400] But in the end, would that help me toward my ultimate outcome?
[14:05.400 --> 14:14.400] And my concern is that if I get these guys put in jail, that puts them in a position
[14:14.400 --> 14:19.400] to where they have to fight me very, very hard.
[14:19.400 --> 14:23.400] And I don't want them to feel like they have to fight me.
[14:23.400 --> 14:27.400] I don't want them to feel like I'm their enemy.
[14:27.400 --> 14:30.400] I'm just a messenger here.
[14:30.400 --> 14:39.400] When I filed these complaints against my district judge and the local Texas Ranger, I clarified
[14:39.400 --> 14:46.400] what I was doing to the grand jury that I didn't want these guys indicted.
[14:46.400 --> 14:52.400] But then again, I didn't want to be threatened with a loaded pistol either.
[14:52.400 --> 15:02.400] I didn't want this judge to just arbitrarily and capriciously trash my rights just because
[15:02.400 --> 15:04.400] he felt like it.
[15:04.400 --> 15:10.400] The rights that I paid for and I paid heavy for these rights.
[15:10.400 --> 15:15.400] This guy is not going to get them if I have to put him in jail or do that.
[15:15.400 --> 15:17.400] But that's not my purpose.
[15:17.400 --> 15:22.400] My purpose is to influence him to follow law.
[15:22.400 --> 15:29.400] And I can assure you, as much as Judge John Faustel hates me, and I have it from good
[15:29.400 --> 15:32.400] authority, that he doesn't dislike me.
[15:32.400 --> 15:34.400] He hates me.
[15:34.400 --> 15:39.400] As much as he hates me, the next time I step in his courtroom, I'm not going to have the
[15:39.400 --> 15:41.400] problem I had last time.
[15:41.400 --> 15:43.400] And that's what I need.
[15:43.400 --> 15:45.400] That's what I want.
[15:45.400 --> 15:48.400] And I'm Faustel for his part.
[15:48.400 --> 15:50.400] You know, we do this show.
[15:50.400 --> 15:56.400] And you have never heard anyone come on my show and complain about John Faustel except
[15:56.400 --> 15:58.400] me.
[15:58.400 --> 16:03.400] Now, we have people come on complaining about a lot of judges.
[16:03.400 --> 16:06.400] We've never had one come and complain about John Faustel.
[16:06.400 --> 16:13.400] And he's the judge in the area I'm from, so I'm well known here.
[16:13.400 --> 16:17.400] If people had issues with him, they'd be coming to me.
[16:17.400 --> 16:19.400] But they're not.
[16:19.400 --> 16:24.400] So he has to be a pretty good judge overall.
[16:24.400 --> 16:28.400] So getting him removed would not serve any great purpose.
[16:28.400 --> 16:35.400] Getting him to follow law in those circumstances when he would rather not, that would serve
[16:35.400 --> 16:36.400] a purpose.
[16:36.400 --> 16:38.400] Hang on, about to go to break.
[16:38.400 --> 16:43.400] Randy Kelton, Vet Pack, Rule of Law Radio.
[16:43.400 --> 16:46.400] I'll call you number 512-646-1984.
[16:46.400 --> 16:47.400] Give us a call.
[16:47.400 --> 16:50.400] We'll have the call boards open all night.
[16:50.400 --> 16:53.400] I'm just going to make sure to open them right now.
[16:53.400 --> 16:56.400] The call boards are open, so give us a call.
[16:56.400 --> 16:59.400] We'll be right back.
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[19:30.400 --> 19:43.400] OK.
[19:43.400 --> 19:44.400] We are back.
[19:44.400 --> 19:50.400] Randy Kelton, Bet Pack, Louisville Radio on this Friday, the 22nd of December.
[19:50.400 --> 19:52.400] And we're going to go to the phones.
[19:52.400 --> 19:55.400] We've got a couple of callers already.
[19:55.400 --> 19:58.400] We're going to start with Scott in Texas.
[19:58.400 --> 20:02.400] Scott has been working over at the traffic courts.
[20:02.400 --> 20:03.400] Hello, Scott.
[20:03.400 --> 20:08.400] Will you tell everybody what you've been up to lately?
[20:08.400 --> 20:17.400] Well, I sent you a timeline and we're discussing basically Rockwall, Texas.
[20:17.400 --> 20:24.400] And originally I was stopped for the original stop.
[20:24.400 --> 20:28.400] The guy said he pulled me over because I didn't use my turn signal.
[20:28.400 --> 20:35.400] But this is after coming after the Harbor, which is an on-concert event that on goes
[20:35.400 --> 20:36.400] out there.
[20:36.400 --> 20:41.400] And a lot of people drink, so it's a big drinking event that happens every Thursday
[20:41.400 --> 20:42.400] night.
[20:42.400 --> 20:49.400] And so it's a prime place for cops to hang out and troll for DWIs.
[20:49.400 --> 20:56.400] So as one of the occupants that came to the car was stumbling and caught this guy's
[20:56.400 --> 20:59.400] attention, he noticed us.
[20:59.400 --> 21:03.400] And then when I did a U-turn, because I saw the cop at the top of the hill, I was like,
[21:03.400 --> 21:06.400] I'm just going to do a U-turn, get out of here.
[21:06.400 --> 21:13.400] And naturally thought, you know, I didn't do a proper U-turn and hazardous whatever.
[21:13.400 --> 21:21.400] Anyhow, the guy stopped me, went through a big spiel, wrote me a ticket because of an
[21:21.400 --> 21:22.400] invalid license.
[21:22.400 --> 21:24.400] Then I go to court.
[21:24.400 --> 21:30.400] After I go to court, several times on motions, submitted all kinds of motions, challenging,
[21:30.400 --> 21:36.400] you know, jurisdiction, subject matter jurisdiction all the way through, put down all the case
[21:36.400 --> 21:43.400] law, lots of travel, even threw that in there, threw everything out.
[21:43.400 --> 21:52.400] And then the judge, after going to a jury trial and the jury found me guilty, I was
[21:52.400 --> 21:56.400] going to appeal because I have everything on the record.
[21:56.400 --> 22:03.400] The judge ordered the cop to arrest me if she, if I was driving out of the parking lot.
[22:03.400 --> 22:06.400] So naturally I drove out of the parking lot.
[22:06.400 --> 22:14.400] I don't drive, I was traveling out of the parking lot and they arrested me about three
[22:14.400 --> 22:16.400] miles after court.
[22:16.400 --> 22:22.400] And so now I'm going to be going back to court over all this, but I'm going in on all the
[22:22.400 --> 22:28.400] constitutionality of right to travel and violation of all my rights and it's just a big ugly
[22:28.400 --> 22:29.400] mess.
[22:29.400 --> 22:37.400] And you should have a really good perspective on where different charges are going to come
[22:37.400 --> 22:44.400] in on, I know I got a bunch of charges on the cop, but the charges on the judge and
[22:44.400 --> 22:48.400] everybody else that's in kind of in line.
[22:48.400 --> 22:50.400] So how about that?
[22:50.400 --> 22:51.400] Okay.
[22:51.400 --> 22:58.400] He has sent me a timeline and if you were listening yesterday, you heard me ask someone
[22:58.400 --> 23:01.400] to prepare a timeline for me.
[23:01.400 --> 23:11.400] Whenever you get into a situation of this nature, as soon as your day ends, before you
[23:11.400 --> 23:18.400] go to bed, pick up pencil and paper and write down just a narrative of what occurred.
[23:18.400 --> 23:25.400] It's fresh in your mind at the time by tomorrow because generally these kinds of interactions
[23:25.400 --> 23:27.400] are somewhat traumatic.
[23:27.400 --> 23:36.400] You'll already be experiencing the emotional content and you'll begin to lose detail.
[23:36.400 --> 23:42.400] So write down as much detail as you can as quickly as you can and keep a running narrative
[23:42.400 --> 23:45.400] in the form of a timeline on this day this happened.
[23:45.400 --> 23:51.400] You don't have to explain all of it, but these are primarily memory clues.
[23:51.400 --> 23:57.400] There are mnemonic devices so when you go back to read it, it'll re-access the memories
[23:57.400 --> 24:04.400] for you and it gets the whole situation sorted out for you.
[24:04.400 --> 24:12.400] The biggest problem people tend to have when they go into court, the pro se, is they move
[24:12.400 --> 24:18.400] from one emotional issue to the next, to the next, to the next and sometimes these are
[24:18.400 --> 24:24.400] out of sequence, sometimes they're relevant, sometimes they're not relevant and the listener
[24:24.400 --> 24:28.400] tends to lose track of where he's at.
[24:28.400 --> 24:35.400] If you have a timeline, then when you speak, if you put the timeline in front of you, it'll
[24:35.400 --> 24:44.400] be very easy to follow in order how things occurred so you don't get the judge or the
[24:44.400 --> 24:48.400] jury confused because they don't know how these things fit together.
[24:48.400 --> 24:57.400] But also, most people, when they originally get into these kinds of situations, haven't
[24:57.400 --> 24:59.400] studied the law in perspective.
[24:59.400 --> 25:03.400] Once you begin to study it in perspective, then you go back to your timeline and you
[25:03.400 --> 25:09.400] start saying, holy mackerel, look at all the stuff they did.
[25:09.400 --> 25:20.400] The thing about making accusations is when you look at what is going on, you don't necessarily
[25:20.400 --> 25:31.400] have to restrict yourselves to accusations that you can conclusively prove up.
[25:31.400 --> 25:39.400] The ones that are just implied, put them down and then as you put things down and go back
[25:39.400 --> 25:48.400] over them, you'll begin to, the ones that are substantial will begin to just rise up
[25:48.400 --> 25:50.400] out of the narrative.
[25:50.400 --> 26:00.400] I talked last night to someone in Pennsylvania and we talked about, developed a timeline
[26:00.400 --> 26:04.400] and once you have the timeline developed, it wraps at a story.
[26:04.400 --> 26:13.400] Turn it into a novelette or just a complete story all by itself and then compare these
[26:13.400 --> 26:14.400] two.
[26:14.400 --> 26:21.400] You're going to have facts that are in your timeline that really aren't relevant to the
[26:21.400 --> 26:23.400] story of how things happen.
[26:23.400 --> 26:27.400] If they're not relevant, then you can begin to take those out.
[26:27.400 --> 26:36.400] We try to develop a statement of facts for the court and we want that statement of facts
[26:36.400 --> 26:44.400] to be structured such that an ordinary or reasonable person of ordinary prudence on
[26:44.400 --> 26:52.400] reading these facts will mentally try to stitch the facts together so that they make sense.
[26:52.400 --> 26:58.400] We try to structure the facts we give the court in a way that when they start stitching
[26:58.400 --> 27:05.400] them together, they will come to the conclusions you want them to come to.
[27:05.400 --> 27:08.400] Statement of facts is an art form.
[27:08.400 --> 27:14.400] Those facts that we tend to lend away from that conclusion, well, if they're not material,
[27:14.400 --> 27:16.400] just leave them out.
[27:16.400 --> 27:20.400] When they read your facts, they will come to some conclusions.
[27:20.400 --> 27:27.400] Then when they read your narrative, which we will call a statement of factual accusation,
[27:27.400 --> 27:31.400] you'll come to the conclusions you already got them to come to and they'll think you're
[27:31.400 --> 27:32.400] really smart.
[27:32.400 --> 27:36.400] Does that make sense, Scott?
[27:36.400 --> 27:49.400] Well, my question is when you start getting really specific on how they violated or when
[27:49.400 --> 27:56.400] they were talking about taking you back into, like, chambers and saying things that you
[27:56.400 --> 28:05.400] know that are specifically wrong to the Constitution and you want to hold them to terms that they
[28:05.400 --> 28:13.400] are telling you and it's blatantly lied, you need to have specific allegations that you
[28:13.400 --> 28:15.400] want to put against these people.
[28:15.400 --> 28:16.400] Okay.
[28:16.400 --> 28:19.400] That's what I want to get specific about.
[28:19.400 --> 28:20.400] Okay.
[28:20.400 --> 28:28.400] First thing is when you bring the Constitution into a court, the court's going to tell you
[28:28.400 --> 28:30.400] that doesn't apply here.
[28:30.400 --> 28:33.400] It is the prosecutor's on his toes.
[28:33.400 --> 28:36.400] He'll object relevance.
[28:36.400 --> 28:40.400] The Constitution does not protect you.
[28:40.400 --> 28:43.400] The Constitution wasn't written about you.
[28:43.400 --> 28:49.400] The Constitution places restrictions on public officials.
[28:49.400 --> 28:56.400] So, the Constitution doesn't directly affect the court.
[28:56.400 --> 29:02.400] The Constitution is something that you can use later to file actions against the court.
[29:02.400 --> 29:09.400] What you bring into court are the statutes that were written to implement the Constitution.
[29:09.400 --> 29:18.400] Well, that's going on and so when I go in, well, I'm just saying when a judge takes you
[29:18.400 --> 29:26.400] back in chambers and they're specifically stating that, you know, you never went to
[29:26.400 --> 29:31.400] law school castizing you about that and then...
[29:31.400 --> 29:32.400] Okay.
[29:32.400 --> 29:33.400] Hold on.
[29:33.400 --> 29:34.400] Hold on.
[29:34.400 --> 29:35.400] Okay.
[29:35.400 --> 29:36.400] We'll get to that.
[29:36.400 --> 29:39.400] The thing I was going to mention is never go into chambers in private.
[29:39.400 --> 29:42.400] I tell them absolutely not.
[29:42.400 --> 29:44.400] I am not going back there.
[29:44.400 --> 29:45.400] Wait.
[29:45.400 --> 29:46.400] I got it.
[29:46.400 --> 29:49.400] I got it transcribed.
[29:49.400 --> 29:51.400] Okay.
[29:51.400 --> 29:53.400] I got that.
[29:53.400 --> 29:55.400] But your transcript...
[29:55.400 --> 29:56.400] Okay.
[29:56.400 --> 29:57.400] Hang on.
[29:57.400 --> 30:06.400] Randy Kelton.
[30:06.400 --> 30:07.400] Are you a knuckle cracker?
[30:07.400 --> 30:08.400] For some, it's a nervous habit.
[30:08.400 --> 30:10.400] For others, it brings a sensation of relief.
[30:10.400 --> 30:12.400] But is it harming your joints?
[30:12.400 --> 30:17.400] I'm Dr. Catherine Albrecht and I'll have the answer to that white knuckle question in a moment.
[30:17.400 --> 30:19.400] Privacy is under attack.
[30:19.400 --> 30:23.400] When you give up data about yourself, you'll never get it back again.
[30:23.400 --> 30:28.400] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:28.400 --> 30:29.400] So protect your rights.
[30:29.400 --> 30:33.400] Say no to surveillance and keep your information to yourself.
[30:33.400 --> 30:35.400] Privacy, it's worth hanging on to.
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[30:43.400 --> 30:46.400] Start over with Startpage.
[30:46.400 --> 30:49.400] Snap, crackle, pop, ouch.
[30:49.400 --> 30:52.400] It's another annoying knuckle cracker on the loose.
[30:52.400 --> 30:57.400] If you enjoy cracking your knuckles, someone has probably told you it can lead to arthritis.
[30:57.400 --> 30:59.400] But is there any truth to that?
[30:59.400 --> 31:02.400] The research on knuckle cracking is admittedly thin.
[31:02.400 --> 31:06.400] But in the most comprehensive study to date, published in 2011,
[31:06.400 --> 31:10.400] researchers found that people who popped their knuckles every 15 minutes
[31:10.400 --> 31:14.400] were no more likely to develop arthritis than those who did it just once a day
[31:14.400 --> 31:17.400] or those who didn't crack their knuckles at all.
[31:17.400 --> 31:20.400] So if you like cracking your knuckles, by all means, carry on.
[31:20.400 --> 31:23.400] But please, do it where the rest of us can't hear you.
[31:23.400 --> 31:51.400] I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
[31:53.400 --> 32:02.400] Call 910-4367 and see what our powder, seeds, and oil can do for you, only at mqsa.org.
[32:02.400 --> 32:06.400] Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:06.400 --> 32:08.400] In today's America, we live in an us-against-them society,
[32:08.400 --> 32:10.400] and if we the people are ever going to have a free society,
[32:10.400 --> 32:13.400] then we're going to have to stand and defend our own rights.
[32:13.400 --> 32:16.400] Among those rights are the right to travel freely from place to place,
[32:16.400 --> 32:18.400] the right to act in our own private capacity,
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[32:23.400 --> 32:26.400] to learn how to enforce and preserve our rights through due process.
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[33:04.400 --> 33:07.400] You're listening to the Logos Radio Network
[33:07.400 --> 33:15.400] at logosradionetwork.com.
[33:15.400 --> 33:18.400] Yeah, I got the warrant.
[33:18.400 --> 33:22.400] I'm not going to solve that.
[33:22.400 --> 33:24.400] Okay, we are back.
[33:24.400 --> 33:28.400] Randi Kelton, Vet Pack, Rule of Law Radio.
[33:28.400 --> 33:30.400] I call her Vet.
[33:30.400 --> 33:32.400] That's what's on her car.
[33:32.400 --> 33:33.400] It's Vet.
[33:33.400 --> 33:35.400] I like Vet better than you, Vet.
[33:35.400 --> 33:38.400] It's easier, that's why I went with it.
[33:38.400 --> 33:39.400] I like Vet.
[33:39.400 --> 33:41.400] Okay, it's Vet Pack.
[33:41.400 --> 33:46.400] And you had a question for Scott.
[33:46.400 --> 33:47.400] Scott, I do have a question.
[33:47.400 --> 33:52.400] Where exactly are you wanting...
[33:52.400 --> 33:56.400] You've had all this go down.
[33:56.400 --> 33:59.400] What exactly are you wanting from Randi at this point?
[33:59.400 --> 34:03.400] Are you headed back to court again?
[34:03.400 --> 34:09.400] Oh, Scott sounds a lot better when I have him muted.
[34:09.400 --> 34:11.400] Okay, you can talk.
[34:11.400 --> 34:14.400] I got you unmuted now, Scott.
[34:14.400 --> 34:17.400] Yeah, actually I just sent in for the appeal.
[34:17.400 --> 34:22.400] So I'm going to appeal the trial case that I just had.
[34:22.400 --> 34:25.400] And then because everything's...
[34:25.400 --> 34:28.400] I submitted everything on case law,
[34:28.400 --> 34:32.400] on state law and everything else and constitutional law.
[34:32.400 --> 34:36.400] So basically a judge that ran amuck,
[34:36.400 --> 34:40.400] she didn't like it because I was going and challenging everything
[34:40.400 --> 34:45.400] all the way through and put everything on the record
[34:45.400 --> 34:51.400] and still took it to trial and lost and drove out of the parking lot.
[34:51.400 --> 34:58.400] And so she wanted to flex her authoritative muscle unconstitutionally
[34:58.400 --> 35:01.400] and illegally because it's a warrantless arrest
[35:01.400 --> 35:04.400] that you can't just order some cop to arrest some person
[35:04.400 --> 35:10.400] because you have a vendetta.
[35:10.400 --> 35:18.400] Okay, so you want to go after the judge for abusing his discretion.
[35:18.400 --> 35:20.400] Her discretion?
[35:20.400 --> 35:24.400] Her discretion.
[35:24.400 --> 35:26.400] She has a certain amount of discretion.
[35:26.400 --> 35:30.400] And when she asks somebody, you know, always when a judge does something,
[35:30.400 --> 35:36.400] they're going to claim they're acting within the scope of their discretion.
[35:36.400 --> 35:43.400] And technically she's correct in that from her perspective,
[35:43.400 --> 35:49.400] you were driving on invalid licenses.
[35:49.400 --> 35:54.400] And if she had reason to believe you had driven to the location,
[35:54.400 --> 35:59.400] she also had reason to believe that you were going to drive away from the location.
[35:59.400 --> 36:02.400] How did the officer do that?
[36:02.400 --> 36:04.400] Okay.
[36:04.400 --> 36:09.400] Well, you want to play fast and loose with details of law?
[36:09.400 --> 36:12.400] Well, we can do that.
[36:12.400 --> 36:19.400] So did the officer, okay, the officer in this case
[36:19.400 --> 36:22.400] would have had reasonable probable cause to believe
[36:22.400 --> 36:26.400] that you were driving on an invalid driver's license?
[36:26.400 --> 36:28.400] I think you weren't.
[36:28.400 --> 36:29.400] Isn't that correct?
[36:29.400 --> 36:35.400] Didn't you get that invalid driver's licensing taken care of?
[36:35.400 --> 36:46.400] Well, no, because I went to court and had the supposed invalid license.
[36:46.400 --> 36:52.400] And then what had happened is we went to trial.
[36:52.400 --> 36:57.400] It was the same court and the same cop that I was at trial with.
[36:57.400 --> 36:58.400] Well, hold on, hold on.
[36:58.400 --> 37:02.400] You've been to court before in this invalid license issue.
[37:02.400 --> 37:06.400] At Rockwall, yeah.
[37:06.400 --> 37:09.400] You were at a county court on this issue.
[37:09.400 --> 37:11.400] I was at trial.
[37:11.400 --> 37:16.400] I went to trial for an invalid license at Rockwall.
[37:16.400 --> 37:17.400] Hold on.
[37:17.400 --> 37:24.400] Invalid license is a Class B misdemeanor.
[37:24.400 --> 37:26.400] Okay.
[37:26.400 --> 37:32.400] Didn't you go to a county court and address this issue with a county court?
[37:32.400 --> 37:37.400] I went to Dallas County and it got dismissed.
[37:37.400 --> 37:45.400] Are you familiar with the concept of collateral estoppel?
[37:45.400 --> 37:47.400] Okay, okay, hold on.
[37:47.400 --> 37:49.400] That's where I was trying to get to.
[37:49.400 --> 37:52.400] You went to a county court and had this dismissed.
[37:52.400 --> 37:53.400] Why?
[37:53.400 --> 37:55.400] Why did they dismiss it?
[37:55.400 --> 38:02.400] Well, they dismissed it because they didn't have jurisdiction because Addison was the one who issued the tickets.
[38:02.400 --> 38:04.400] Okay.
[38:04.400 --> 38:09.400] Didn't you tell me that there was a problem with the supposed invalid license,
[38:09.400 --> 38:15.400] that this was something that the DPS had messed up with?
[38:15.400 --> 38:27.400] Originally, they had surcharges against me a long time ago in 2013, 14, something like that.
[38:27.400 --> 38:34.400] Yeah, I filed for a bankruptcy and got everything dismissed.
[38:34.400 --> 38:38.400] The state sent me a letter, went and got me another license.
[38:38.400 --> 38:40.400] Everything was good to go.
[38:40.400 --> 38:45.400] And then all of a sudden now it's just they're all screwed up.
[38:45.400 --> 38:52.400] And I got all the paperwork and that's what I gave Dallas County, was like, here's what the state sent me.
[38:52.400 --> 38:53.400] Here's my license.
[38:53.400 --> 38:55.400] I went and got it.
[38:55.400 --> 38:58.400] And now I get all this other static.
[38:58.400 --> 39:03.400] Okay, look, you have to back up.
[39:03.400 --> 39:07.400] You've already addressed this issue in court.
[39:07.400 --> 39:09.400] You can't forget about that.
[39:09.400 --> 39:13.400] They stopped you for the same issue that was already addressed in court.
[39:13.400 --> 39:15.400] It was dismissed in court.
[39:15.400 --> 39:18.400] That's what I want to stop on.
[39:18.400 --> 39:23.400] Did you forget that you had adjudicated this in court?
[39:23.400 --> 39:30.400] Well, I have no idea because I'm not a lawyer.
[39:30.400 --> 39:31.400] Okay, hold on, hold on.
[39:31.400 --> 39:44.400] When you went to the county court for driving on an invalid driver's license, why did the county court dismiss the case?
[39:44.400 --> 39:48.400] They said that they didn't have jurisdiction.
[39:48.400 --> 39:51.400] Why didn't they have jurisdiction?
[39:51.400 --> 39:55.400] Because they didn't have prima facie evidence to support it.
[39:55.400 --> 39:59.400] You are really making me work here.
[39:59.400 --> 40:02.400] Okay.
[40:02.400 --> 40:07.400] What does that mean they did not have prima facie evidence?
[40:07.400 --> 40:12.400] Well, that's what they say in their actual text sheet.
[40:12.400 --> 40:15.400] Let me see if I can pull it out real fast because I got it right here.
[40:15.400 --> 40:16.400] Wait a minute.
[40:16.400 --> 40:19.400] You know the facts here, Scott.
[40:19.400 --> 40:20.400] I know.
[40:20.400 --> 40:25.400] They said that they didn't have prima facie evidence, and that's the reason that they couldn't proceed.
[40:25.400 --> 40:29.400] How did they not have prima facie evidence?
[40:29.400 --> 40:34.400] What was the facts that were brought out in court?
[40:34.400 --> 40:41.400] There were no facts because it reads right here, the case is followed by the Addison Police Department.
[40:41.400 --> 40:44.400] The state will be unable to make a prima facie case.
[40:44.400 --> 40:53.400] Wherefore, the premises considered the state respectfully requests that this case be dismissed February 3, 2016.
[40:53.400 --> 40:56.400] Okay, that makes no sense.
[40:56.400 --> 40:59.400] It has to be something else.
[40:59.400 --> 41:03.400] Why was there a lack of prima facie evidence?
[41:03.400 --> 41:13.400] Was there a failure on the part of the court to send the records to this court?
[41:13.400 --> 41:22.400] Well, probably because that's the Addison deal where the cops smashed my window and it all went viral and yada, yada, yada.
[41:22.400 --> 41:25.400] The cops smashed your window?
[41:25.400 --> 41:27.400] Yeah, in Addison.
[41:27.400 --> 41:30.400] Did you file a suit against the cop?
[41:30.400 --> 41:37.400] Well, because the case is still ongoing and it's fixing to go to the final.
[41:37.400 --> 41:38.400] That was the thing.
[41:38.400 --> 41:46.400] The cop charged me once he actually arrested me, threw me in jail, then he charged me for an invalid license.
[41:46.400 --> 41:56.400] And then, boom, it gets kicked to Dallas County and their charges to failure to ID and my tags were out of my car.
[41:56.400 --> 42:06.400] But he originally pulled me over for speeding, which he did not charge me for.
[42:06.400 --> 42:07.400] Okay.
[42:07.400 --> 42:13.400] Okay, but Randy, can't he kick another suit and sue the cop for it?
[42:13.400 --> 42:17.400] Oh, definitely, definitely sue the cop.
[42:17.400 --> 42:24.400] Well, I'm trying to get the facts stitched together.
[42:24.400 --> 42:29.400] I'm still stuck on a rock wall.
[42:29.400 --> 42:40.400] Okay, if you forget about everything else that's happened, then we have to presume that you were in fact driving on an invalid driver's license.
[42:40.400 --> 42:52.400] I was trying to find some collateral estoppel here, but so far I'm having trouble prying these facts out.
[42:52.400 --> 42:54.400] Let's go back and talk about rock wall.
[42:54.400 --> 43:00.400] We'll presume that nothing else has happened and only work on rock wall.
[43:00.400 --> 43:10.400] In that circumstance, the cop had the absolute right to pull you over because he had privacy evidence that you had an invalid driver's license.
[43:10.400 --> 43:15.400] And from his perspective, you were driving an automobile.
[43:15.400 --> 43:18.400] I understand the right to travel issue.
[43:18.400 --> 43:29.400] But when we get to court, they're going to say, we're here under your commercial license and he didn't have one.
[43:29.400 --> 43:35.400] And I had knowledge that he didn't have one and observed him driving.
[43:35.400 --> 43:39.400] And therefore he had reason for the cause to arrest.
[43:39.400 --> 43:47.400] And even if the judge had reason to believe he didn't have one, the judge can send the police officer to make sure you don't violate the law.
[43:47.400 --> 43:49.400] They can do that part.
[43:49.400 --> 43:51.400] There's another way we can get at them.
[43:51.400 --> 43:52.400] Hang on.
[43:52.400 --> 43:59.400] Randy Kelton, Rubio Radio, I call it number 512-646-1984.
[43:59.400 --> 44:02.400] We'll be right back.
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[46:21.400 --> 46:39.400] Okay, we are back.
[46:39.400 --> 46:44.400] We're in Kelton, at PAC, rule of law radio, and we're talking to Scott in Texas.
[46:44.400 --> 46:48.400] Okay, Scott, I was going somewhere there.
[46:48.400 --> 46:53.400] The first thing I wanted to find out is if there was collateral estoppel.
[46:53.400 --> 47:08.400] If you had a ruling in a court that your license was not properly invalid, that's collateral estoppel, and this court and this officer would have a duty to know that.
[47:08.400 --> 47:20.400] But if we didn't have that ruling, if the case was dismissed on other grounds, then the cop has probable cause.
[47:20.400 --> 47:24.400] However, he has other problems.
[47:24.400 --> 47:34.400] Have you read my habeas corpus that's on the jurisprudence website?
[47:34.400 --> 47:45.400] I've dissected it and used all my facts and law to interject into it, and yes, that is a beautiful piece of work.
[47:45.400 --> 47:51.400] Okay, have you walked through the—forget about why they arrested you.
[47:51.400 --> 48:07.400] From the point that your freedom of movement was arrested, from that point, how many criminal charges did you find?
[48:07.400 --> 48:10.400] Or did you do that part yet?
[48:10.400 --> 48:15.400] What, after I got arrested and started a cop con?
[48:15.400 --> 48:20.400] Yeah, that's where the bad stuff begins.
[48:20.400 --> 48:26.400] Well, I mean, what, like every time they touch you or some shit, I mean, or something?
[48:26.400 --> 48:28.400] That's—be careful with that.
[48:28.400 --> 48:31.400] Okay, here's the deal.
[48:31.400 --> 48:40.400] The penal code—I mean, the code of criminal procedures specifies a set of procedures.
[48:40.400 --> 48:57.400] If you are arrested for any reason, with or without a warrant, the code directs the arresting officer in Chapter 14 to take you directly to the nearest magistrate by the most direct route.
[48:57.400 --> 49:07.400] Now, you had a magistrate that ordered the policeman to follow you from that magistrate's office.
[49:07.400 --> 49:15.400] And if you were driving to arrest you, he had a duty to take you directly to that magistrate.
[49:15.400 --> 49:17.400] Did he do that?
[49:17.400 --> 49:19.400] Negative.
[49:19.400 --> 49:27.400] 39.03 Texas Penal Code, if a public official fails to perform a duty he is required to perform.
[49:27.400 --> 49:30.400] That's called malfeasance in office.
[49:30.400 --> 49:33.400] And in the process denies you full and free access to enjoyment.
[49:33.400 --> 49:39.400] Right, that's Class A misdemeanor in Texas, first one, official oppression.
[49:39.400 --> 49:42.400] Okay.
[49:42.400 --> 49:48.400] Did he question you?
[49:48.400 --> 49:49.400] Negative.
[49:49.400 --> 49:50.400] Negative.
[49:50.400 --> 49:51.400] Didn't think he did.
[49:51.400 --> 49:57.400] If he questioned you, and here's a point that people miss.
[49:57.400 --> 50:07.400] If someone is arrested and they're questioned, and they're not read their Miranda rights, they think that is an infraction.
[50:07.400 --> 50:08.400] It's not.
[50:08.400 --> 50:11.400] Cop can ask you anything he wants to.
[50:11.400 --> 50:19.400] But if he hasn't read you your Miranda rights, he can't use anything he collects at that time.
[50:19.400 --> 50:21.400] Okay.
[50:21.400 --> 50:26.400] He transported you to a jail.
[50:26.400 --> 50:28.400] Directly.
[50:28.400 --> 50:30.400] Directly to jail.
[50:30.400 --> 50:36.400] When you got before, did you request to be taken before the nearest magistrate?
[50:36.400 --> 50:38.400] Negative.
[50:38.400 --> 50:40.400] Okay.
[50:40.400 --> 50:42.400] Firm rule.
[50:42.400 --> 50:50.400] Always demand to be taken directly to the nearest magistrate.
[50:50.400 --> 51:01.400] There is case law that's improperly says that if you don't demand to be taken before a magistrate, they don't have to take you before a magistrate.
[51:01.400 --> 51:19.400] And that's some case law we need to get it overturned because the law does not become inoperative simply because you do not demand that an officer follow the law.
[51:19.400 --> 51:24.400] So, in any case, we will claim 3903.
[51:24.400 --> 51:30.400] When you got before the jailer, did the jailer take you directly to the nearest magistrate?
[51:30.400 --> 51:32.400] Negative.
[51:32.400 --> 51:36.400] 3903 again.
[51:36.400 --> 51:49.400] Actually, okay, when we go to a lawsuit, the one who is required to take you before the magistrate is the investing officer.
[51:49.400 --> 51:56.400] If he turns you over to a jailer, whatever the jailers do, they do in his name.
[51:56.400 --> 52:02.400] So, you can name the jailer and the officer for what the jailers do.
[52:02.400 --> 52:07.400] So, the jailer didn't take you before the nearest magistrate.
[52:07.400 --> 52:13.400] Did the jailer set bail?
[52:13.400 --> 52:15.400] Negative.
[52:15.400 --> 52:24.400] Were you taken before a magistrate of some sort or a judge of some sort who did set bail?
[52:24.400 --> 52:46.400] No. I mean, in fact, it happened really, really super fast that as soon as I got to jail and they processed me in, I placed a phone call to call the bail bonds person because they already had bail set.
[52:46.400 --> 52:48.400] So, all I had to do was...
[52:48.400 --> 52:50.400] No, no, no. Okay, hold on, hold on.
[52:50.400 --> 52:54.400] They already had bail set. Who was they?
[52:54.400 --> 53:05.400] Well, the jail and their little process and their little scheme of things that as soon as I got there, they pre-assessed everything, blah, blah, boom.
[53:05.400 --> 53:06.400] Okay, okay.
[53:06.400 --> 53:07.400] Yeah.
[53:07.400 --> 53:09.400] Then the jailer set bail?
[53:09.400 --> 53:10.400] I guess so.
[53:10.400 --> 53:22.400] Yeah, and they're authorized to do that, but they have a listing of what the standard bail for these minor offenses are.
[53:22.400 --> 53:24.400] Okay, then that's what it was.
[53:24.400 --> 53:25.400] Okay.
[53:25.400 --> 53:30.400] I'm not a criminal by profession, so I'm kind of new to it, but yeah.
[53:30.400 --> 53:36.400] I know. That's why I'm going through this. You got all these charges you can bring against these guys.
[53:36.400 --> 53:46.400] Okay, the jailer set bail and they released you on bail. You posted, they release. Is that correct?
[53:46.400 --> 53:47.400] Correct.
[53:47.400 --> 53:48.400] Correct.
[53:48.400 --> 53:55.400] Were you given a date and time to appear before some magistrate?
[53:55.400 --> 54:11.400] Now, before these charges for a Class B charge on invalid license, driving on invalid license is 6-1-2016.
[54:11.400 --> 54:15.400] Does it name a magistrate?
[54:15.400 --> 54:18.400] I'm sure it does. I haven't...
[54:18.400 --> 54:24.400] No, no, no. It almost certainly does not.
[54:24.400 --> 54:26.400] Wait, I'll tell you.
[54:26.400 --> 54:31.400] What I'm doing is sorting the difference between the code and the practice.
[54:31.400 --> 54:39.400] In the practice, you'll be required to appear before the court of jurisdiction.
[54:39.400 --> 54:43.400] So you were released and you never did see a magistrate.
[54:43.400 --> 55:00.400] The only way they can release you on bail, if it's a preset bail, is on the condition that you appear before some magistrate for an examining trial.
[55:00.400 --> 55:05.400] They cannot prosecute you based on the word of the police officer.
[55:05.400 --> 55:20.400] They can only prosecute you based on a probable cause determination by some magistrate in the issuance of an order under 16.17 Texas Code of Criminal Procedure.
[55:20.400 --> 55:23.400] You didn't have that hearing.
[55:23.400 --> 55:37.400] So when they released you on bail without taking you to a magistrate, they were required to set a date and time to appear before a magistrate.
[55:37.400 --> 55:40.400] They didn't do that.
[55:40.400 --> 55:44.400] 3903 penal code.
[55:44.400 --> 55:48.400] Third one.
[55:48.400 --> 55:52.400] These are all separate offenses.
[55:52.400 --> 55:57.400] There's some that are missing because they bailed you out right away.
[55:57.400 --> 56:02.400] So we don't get into false imprisonment and there's several others.
[56:02.400 --> 56:10.400] If you had been brought before a magistrate in the jail, I have several allegations against the magistrate in the jail.
[56:10.400 --> 56:22.400] Maybe you got four counts of official oppression against the arresting officer in the jail.
[56:22.400 --> 56:26.400] They're all Class A misdemeanors.
[56:26.400 --> 56:42.400] And one against, I'm trying to think of how to bring the judge in this, if the judge ordered the officer to arrest you.
[56:42.400 --> 56:57.400] I'm thinking of how the code reads. The judge, if he witnesses an offense, can order a police officer to arrest you without a warrant.
[56:57.400 --> 57:08.400] But the order must say, arrest this person and bring him before me.
[57:08.400 --> 57:19.400] And that's because the judge made a determination, probable cause, ex parte, without you having the opportunity to enter exculpatory evidence into the court.
[57:19.400 --> 57:27.400] So once the arrest is made, they're going to bring you back before that magistrate and then you can tell your side and have a proper examining trial.
[57:27.400 --> 57:31.400] This never happens in Texas.
[57:31.400 --> 57:43.400] So that you can, the arrest and such, since you didn't go back to the magistrate and the magistrate didn't use your warrant, I mean the magistrate, the municipal judge,
[57:43.400 --> 57:51.400] we don't have a shot directly back at the municipal judge for this arrest.
[57:51.400 --> 57:54.400] Does that make sense, Scott?
[57:54.400 --> 57:59.400] Well, I just have one other question and I'll wait until after you get back.
[57:59.400 --> 58:09.400] I know that wasn't where you wanted this to go, but considering the facts, I can't get to the judge from here.
[58:09.400 --> 58:15.400] But when we come back, we want to go back to the hearing where we can get to the judge.
[58:15.400 --> 58:30.400] Randy Kelton with VETPAC, Rue La Radio, our calling number 512-646-6-1984. This is the top of the hour break, so it's a good time to go to the Logos Radio Network
[58:30.400 --> 58:37.400] and have a look at our sponsors and help our sponsors help us support this network.
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[59:40.400 --> 59:44.400] That's 888-551-0102.
[59:44.400 --> 59:50.400] Or visit us online at bfa.org.
[59:50.400 --> 01:00:00.400] Live free speech radio, logosradionetwork.com.
[01:00:00.400 --> 01:00:08.400] The following use flash is brought to you by the Lone Star Lowdown, providing the jelly bulletins for the commodities market.
[01:00:08.400 --> 01:00:20.400] Today in history, news updates and the inside scoop into the tides of the alternatives.
[01:00:20.400 --> 01:00:30.400] Markets for Wednesday, the 20th of April, 2016, are currently treading with gold at $1,253.14 an ounce, silver, $17.14 an ounce,
[01:00:30.400 --> 01:00:42.400] Texas crude, $41.08 a barrel, and Bitcoin is currently at about $440 U.S. currency.
[01:00:42.400 --> 01:00:50.400] Today in history, the year 1999, the Columbine High School shootings take place in Colorado.
[01:00:50.400 --> 01:00:57.400] 13 people were killed with 24 being injured. The Columbine shootings took place today in history.
[01:00:57.400 --> 01:01:04.400] In recent news, Treasury Secretary Jack Lew is expected to announce later today that Harriet Tubman, the African-American abolitionist,
[01:01:04.400 --> 01:01:10.400] the most famous for her role in helping slaves escape through the Underground Railroad, will soon be the new face on the $20 bill.
[01:01:10.400 --> 01:01:14.400] The U.S. founding father, Alexander Hamilton, remaining on the $10 paper note.
[01:01:14.400 --> 01:01:27.400] The new $10 bill is set to be unveiled in 2020. The timing for the production of the new Harriet Tubman $20 bill, however, is yet to be announced.
[01:01:27.400 --> 01:01:35.400] More than a dozen criminal charges have been filed today against three officials in Michigan as part of a months-long investigation into the lead-contaminated water crisis in Flint.
[01:01:35.400 --> 01:01:41.400] The charges are the first from the government catastrophe, which has potentially exposed roughly 100,000 residents to lead-contaminated water.
[01:01:41.400 --> 01:01:54.400] As a result of this, which many are calling criminal negligence, the crisis has led to an investigation of the possible links between the tainted water and a dozen deaths from Legionnaires' disease.
[01:01:54.400 --> 01:02:00.400] In 2015, local, state, and federal authorities, through the Drug Enforcement Administration's controversial cannabis eradication program,
[01:02:00.400 --> 01:02:07.400] recruited roughly 4.1 million cultivated marijuana plants in all 50 states as compared to the 4.3 million plants in 2014.
[01:02:07.400 --> 01:02:14.400] While federal spending on the program has remained roughly the same at $18 million in the last few years, it tallies out to roughly $4.42 per plant.
[01:02:14.400 --> 01:02:22.400] This DEA's program provides funding to 128 state and local law enforcement agencies to search for, seize, and destroy marijuana being grown across the country.
[01:02:22.400 --> 01:02:28.400] Much of the money for the program comes from the Justice Department's highly controversial and constitutionally questionable Asset Forfeiture Fund.
[01:02:28.400 --> 01:02:34.400] However, at least two states have declined to accept federal eradication funds last year, Alaska and Colorado, where marijuana is now legal.
[01:02:34.400 --> 01:02:41.400] Four states, including even the District of Columbia, have legalized marijuana for adult use, with several other states hoping to follow smoke this year,
[01:02:41.400 --> 01:02:52.400] with an ever-growing opposition from researchers, lawmakers, doctors, and the general public calling on the federal government to change course on marijuana policy and save us all some money.
[01:02:52.400 --> 01:02:59.400] This is Rick Brody with your lowdown for 4.20, 2016.
[01:03:16.400 --> 01:03:21.400] Okay, we are back. Randy Kelkin, Beth Stevens, Beth Stevens.
[01:03:21.400 --> 01:03:25.400] Really? I'm going to beat you.
[01:03:25.400 --> 01:03:28.400] Promise.
[01:03:28.400 --> 01:03:31.400] Beth Pack.
[01:03:31.400 --> 01:03:37.400] I'm going to call Deborah, Deborah Pack.
[01:03:37.400 --> 01:03:40.400] Let's do this again.
[01:03:40.400 --> 01:03:43.400] Okay, we're back, Randy Kelkin.
[01:03:43.400 --> 01:03:45.400] Beth Pack.
[01:03:45.400 --> 01:03:47.400] You're terrible.
[01:03:47.400 --> 01:04:00.400] I forget that. I'm confused. Let's go to Scott, and I've got Scott confused. Scott, I know you wanted to go down this statement of facts, and I've kind of got off of that.
[01:04:00.400 --> 01:04:02.400] Are you there?
[01:04:02.400 --> 01:04:04.400] Yes, go ahead.
[01:04:04.400 --> 01:04:06.400] Okay, okay.
[01:04:06.400 --> 01:04:11.400] I have one statement of facts here open. Okay, rock wall factual accusations.
[01:04:11.400 --> 01:04:23.400] Okay, let's back up and go down the statement of facts because everybody, when you get into one of these issues, you write a statement of facts, and then we go back and look at it.
[01:04:23.400 --> 01:04:36.400] And one of the reasons that you need to write a statement of facts is because most of the time, when this occurs, you're not familiar with all the law that applies.
[01:04:36.400 --> 01:04:47.400] So if you get a good set of facts down, then when you go read the law, the law reads like a comic book because you'll get tickled at all of the things you find you can charge them with.
[01:04:47.400 --> 01:04:51.400] So, let's go down this.
[01:04:51.400 --> 01:04:54.400] June 25, 2015.
[01:04:54.400 --> 01:05:03.400] Okay, you went to the concert, you were in a car with three black males, one white person, and a white female total.
[01:05:03.400 --> 01:05:10.400] The, I understand, hang on just a second.
[01:05:10.400 --> 01:05:17.400] Okay, I understand that you were the designated driver.
[01:05:17.400 --> 01:05:18.400] Correct.
[01:05:18.400 --> 01:05:26.400] Okay, so there were other people, they had been drinking, he didn't charge anybody with public intoxication.
[01:05:26.400 --> 01:05:27.400] No.
[01:05:27.400 --> 01:05:32.400] He found an open container in the car, he didn't charge that either, did he?
[01:05:32.400 --> 01:05:36.400] No, they just set it on top of the car.
[01:05:36.400 --> 01:05:37.400] Okay.
[01:05:37.400 --> 01:05:42.400] It was all in his deal.
[01:05:42.400 --> 01:05:46.400] Okay, and the officer demanded you hand over your driver's license.
[01:05:46.400 --> 01:05:48.400] Sure, sure.
[01:05:48.400 --> 01:05:53.400] And you complied, stating he had not been drinking, everyone else had been drinking.
[01:05:53.400 --> 01:05:55.400] Okay.
[01:05:55.400 --> 01:06:04.400] So, in the end, the only thing he did was cite you for the invalid driver's license, is that correct?
[01:06:04.400 --> 01:06:05.400] Yeah.
[01:06:05.400 --> 01:06:06.400] Okay, okay.
[01:06:06.400 --> 01:06:07.400] Well, that's good.
[01:06:07.400 --> 01:06:10.400] I mean, this wasn't an outrageous action.
[01:06:10.400 --> 01:06:20.400] And I personally like to go after officials when they act the most professionally.
[01:06:20.400 --> 01:06:31.400] So, I go after them on fine points of law, and essentially, I go after them for following policy.
[01:06:31.400 --> 01:06:36.400] So, did you read the ticket?
[01:06:36.400 --> 01:06:37.400] Go ahead.
[01:06:37.400 --> 01:06:40.400] He forced me to take a field sobriety test.
[01:06:40.400 --> 01:06:49.400] And, you know, I was like, I challenged it a little bit, you know, it was like, if I didn't take a field sobriety test, I would go to jail.
[01:06:49.400 --> 01:06:55.400] And everybody would, you know, be probably joining me because they're all drunk too.
[01:06:55.400 --> 01:06:57.400] So, I was forced to take a field sobriety test.
[01:06:57.400 --> 01:06:58.400] Okay, hold on.
[01:06:58.400 --> 01:07:02.400] Be careful of the issues you take on.
[01:07:02.400 --> 01:07:14.400] He had probable cause to believe that there were persons in your vehicle who were publicly intoxicated.
[01:07:14.400 --> 01:07:16.400] I admitted they were all drunk.
[01:07:16.400 --> 01:07:18.400] Okay, okay, listen.
[01:07:18.400 --> 01:07:25.400] He could have arrested every one of them, but he didn't.
[01:07:25.400 --> 01:07:39.400] So, the field sobriety test was warranted under due process because he observed individuals who were clearly intoxicated.
[01:07:39.400 --> 01:07:44.400] And apparently, you weren't clearly intoxicated.
[01:07:44.400 --> 01:07:57.400] But since you're with a group of people that are, that would give a reasonable person sort of ordinary prudence cause to believe that you were probably drinking as well.
[01:07:57.400 --> 01:07:58.400] I didn't challenge it.
[01:07:58.400 --> 01:08:00.400] I did it.
[01:08:00.400 --> 01:08:01.400] And that's okay.
[01:08:01.400 --> 01:08:06.400] I'm just saying that so far, he's cool.
[01:08:06.400 --> 01:08:07.400] Yeah.
[01:08:07.400 --> 01:08:14.400] I'm not, you know, I mean, I'm just going in on, you know, that I'm not, you know, an operator.
[01:08:14.400 --> 01:08:16.400] And I told him I'm not an operator.
[01:08:16.400 --> 01:08:17.400] Good, good.
[01:08:17.400 --> 01:08:20.400] And this is really, I'm not saying this for you, Scott.
[01:08:20.400 --> 01:08:22.400] You understand this part.
[01:08:22.400 --> 01:08:34.400] This is for the listener, where when you, when these things happen, people get angry and they look for something to raise an issue about.
[01:08:34.400 --> 01:08:39.400] And then if we're not careful, we wind up raising issues that are not issues.
[01:08:39.400 --> 01:08:41.400] And Scott hasn't done this.
[01:08:41.400 --> 01:08:46.400] They forced him into the indignity of a field sobriety test.
[01:08:46.400 --> 01:08:54.400] But he didn't go in and argue that issue because if he had, he would have lost the issue and legitimately lost the issue.
[01:08:54.400 --> 01:09:06.400] So we, when we look at what the cops are doing, we need to look at it from both sides to make sure that when we pick an argument, we pick one that we've got good standing for.
[01:09:06.400 --> 01:09:10.400] And the right to travel is one we have good standing for.
[01:09:10.400 --> 01:09:18.400] And so far, this is not a cop who broke out your window and acted really ignorant.
[01:09:18.400 --> 01:09:20.400] Okay.
[01:09:20.400 --> 01:09:25.400] Down to ordered to appear in court.
[01:09:25.400 --> 01:09:26.400] Okay, hold on.
[01:09:26.400 --> 01:09:27.400] Let's back up.
[01:09:27.400 --> 01:09:32.400] He wrote you a citation and had you sign the citation.
[01:09:32.400 --> 01:09:34.400] Correct.
[01:09:34.400 --> 01:09:39.400] Did you read the back of the citation?
[01:09:39.400 --> 01:09:40.400] No.
[01:09:40.400 --> 01:09:41.400] Okay.
[01:09:41.400 --> 01:09:47.400] I just took the wife to work last night because she had a flat on her car.
[01:09:47.400 --> 01:09:54.400] And it's two in the morning, I dropped her off at work and I pulled out and I was on Highway 287 in Decatur.
[01:09:54.400 --> 01:09:59.400] And I got on at one exit and got off at the very next exit.
[01:09:59.400 --> 01:10:05.400] And this cop pulled me over, said I was doing 70 miles an hour.
[01:10:05.400 --> 01:10:16.400] And I started to argue with him and said, I got on one exit, got off to the next, and they're about a mile apart at most.
[01:10:16.400 --> 01:10:20.400] So there's no way I did 70 miles an hour, but I wasn't going to get there.
[01:10:20.400 --> 01:10:21.400] I started to argue with him.
[01:10:21.400 --> 01:10:22.400] I said, never mind.
[01:10:22.400 --> 01:10:23.400] Okay, go ahead.
[01:10:23.400 --> 01:10:29.400] But he ran my plates and found my plates had been expired for six months.
[01:10:29.400 --> 01:10:32.400] I'll be needing to fix that.
[01:10:32.400 --> 01:10:33.400] Okay.
[01:10:33.400 --> 01:10:39.400] So he gave me this ticket and I read the back of the ticket.
[01:10:39.400 --> 01:10:46.400] Holy moly, this thing is so illegal.
[01:10:46.400 --> 01:10:50.400] I almost don't believe it.
[01:10:50.400 --> 01:10:59.400] Please read this form and back of your citation before you contact the court.
[01:10:59.400 --> 01:11:09.400] And it tells me that I can go to the court and plead guilty or I can appear by paying the fine or I can appear before the court.
[01:11:09.400 --> 01:11:12.400] I said, is that a fact, Jack?
[01:11:12.400 --> 01:11:15.400] What the code says.
[01:11:15.400 --> 01:11:22.400] Let me bring up, I have a document on that with all the statutes in it.
[01:11:22.400 --> 01:11:36.400] A police officer is authorized to release someone on a written promise to appear.
[01:11:36.400 --> 01:11:45.400] The promise to appear is a promise to appear before some magistrate.
[01:11:45.400 --> 01:11:48.400] Let me pull up.
[01:11:48.400 --> 01:11:50.400] I don't remember which one it's in.
[01:11:50.400 --> 01:11:51.400] I think it's in the challenge.
[01:11:51.400 --> 01:11:55.400] The challenge to subject matter jurisdiction, Scott?
[01:11:55.400 --> 01:11:56.400] Yes.
[01:11:56.400 --> 01:11:58.400] Okay, I think it is.
[01:11:58.400 --> 01:11:59.400] Okay.
[01:11:59.400 --> 01:12:00.400] I'm looking for the code.
[01:12:00.400 --> 01:12:02.400] I think it's 645.
[01:12:02.400 --> 01:12:09.400] It's right in the beginning of the transportation code.
[01:12:09.400 --> 01:12:13.400] This thing's about, that's not the one.
[01:12:13.400 --> 01:12:18.400] I'm looking, 644 is about the right to travel.
[01:12:18.400 --> 01:12:24.400] 645, 645-02-3, 4, 5, and 6.
[01:12:24.400 --> 01:12:33.400] The officer is authorized to release a person on a promise to appear before or some magistrate.
[01:12:33.400 --> 01:12:38.400] And that is in paramaterial with the code.
[01:12:38.400 --> 01:12:49.400] In that when someone is arrested and when you get a, when they write you a traffic ticket, you've been arrested.
[01:12:49.400 --> 01:12:58.400] Then they are required by a statute to take you directly to the nearest magistrate.
[01:12:58.400 --> 01:13:02.400] By the most direct route, here we go.
[01:13:02.400 --> 01:13:09.400] 543-0006, time and place of appearance.
[01:13:09.400 --> 01:13:17.400] Okay, let me, okay, I'm reading from, this is transportation code under 543.
[01:13:17.400 --> 01:13:29.400] 002, 3, and 4 is the ones that tell him that he can, when he cites you for a violation under the transportation code,
[01:13:29.400 --> 01:13:40.400] that he can allow you to sign the citation with a promise to appear.
[01:13:40.400 --> 01:13:46.400] And this is what the place of appearance is how it's structured in the code.
[01:13:46.400 --> 01:13:55.400] The place specified in the notice to appear must be before a magistrate having jurisdiction of the offense
[01:13:55.400 --> 01:14:05.400] who is in the municipality or county in which the offense alleged to, is alleged to have been committed.
[01:14:05.400 --> 01:14:12.400] It says magistrate, not court, or not judge.
[01:14:12.400 --> 01:14:15.400] And there's a very specific reason why it says magistrate,
[01:14:15.400 --> 01:14:23.400] and that's because Chapter 14 specifically requires you be taken before a magistrate, not a judge.
[01:14:23.400 --> 01:14:29.400] Well, magistrates, if you, they're very few and far in between compared to...
[01:14:29.400 --> 01:14:33.400] Nah, not or not, they're everywhere.
[01:14:33.400 --> 01:14:39.400] Every judge is a magistrate. The mayor is a magistrate.
[01:14:39.400 --> 01:14:40.400] Okay.
[01:14:40.400 --> 01:14:49.400] Yeah, every judge wears two hats. He has his judge's hat and he has his magistrate's hat.
[01:14:49.400 --> 01:14:57.400] When you're arrested, you're not, the court does not yet have subject matter jurisdiction over you.
[01:14:57.400 --> 01:15:02.400] The way they get subject matter jurisdiction is you're to be taken to a magistrate.
[01:15:02.400 --> 01:15:06.400] The magistrate is to hold an examining trial under Chapter 16.
[01:15:06.400 --> 01:15:10.400] They got a whole chapter in the criminal procedure for that purpose.
[01:15:10.400 --> 01:15:16.400] And then he's to issue an order under 16.17,
[01:15:16.400 --> 01:15:20.400] stating whether he found probable cause or released you at your liberty,
[01:15:20.400 --> 01:15:23.400] set you to bail, or remanded you to the jail.
[01:15:23.400 --> 01:15:29.400] Well, see, now here's the fine line, because they don't have jurisdiction.
[01:15:29.400 --> 01:15:36.400] We've already figured that out because of the constitutionality of the right to travel.
[01:15:36.400 --> 01:15:43.400] So they mix all that, they're avoiding all that, railroading the whole system
[01:15:43.400 --> 01:15:53.400] so that they can convince the sheeple that you have to have a license to cruise around in your car, a.k.a. drive.
[01:15:53.400 --> 01:15:59.400] Okay. Okay. You're ranting. I know. Yes, that's true.
[01:15:59.400 --> 01:16:05.400] What we're talking about here is specifically how that is true.
[01:16:05.400 --> 01:16:06.400] Correct.
[01:16:06.400 --> 01:16:14.400] By detail, how it's true, yes, and they, you know, what I maintain in that habeas that you read,
[01:16:14.400 --> 01:16:21.400] where I demonstrate that every step is presently practiced in the criminal justice system, is not only wrong,
[01:16:21.400 --> 01:16:33.400] it is very specifically against particular law, and it is against particular law for a very specific reason.
[01:16:33.400 --> 01:16:39.400] What's that reason?
[01:16:39.400 --> 01:16:42.400] The reason is, is we're about to go to break.
[01:16:42.400 --> 01:16:46.400] I hear your music, but I got my clock buried.
[01:16:46.400 --> 01:16:49.400] Oh, there it is. Okay. Hang on.
[01:16:49.400 --> 01:16:53.400] The reason is, is they want you to take a deal.
[01:16:53.400 --> 01:17:01.400] Randy Kelton, that packed radio, we'll be right back.
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[01:19:20.400 --> 01:19:27.400] Okay, we are back.
[01:19:27.400 --> 01:19:30.400] Randy Kelton, Vet Pack, Rule of Law Radio.
[01:19:30.400 --> 01:19:34.400] And we're talking to Scott in Texas.
[01:19:34.400 --> 01:19:49.400] And before we go to Scott, Vet, the last time you got a ticket, kind of give us an idea of what you thought, what you felt, and then what you did.
[01:19:49.400 --> 01:19:55.400] Okay, well, actually, I have to kind of back up.
[01:19:55.400 --> 01:20:01.400] The last time I got a ticket, it's been a while since I got one, and I got one actually recently.
[01:20:01.400 --> 01:20:08.400] My highway exit has been completely closed off for road work.
[01:20:08.400 --> 01:20:17.400] And the only way for me to get home now is to go basically 15 minutes out of my way.
[01:20:17.400 --> 01:20:21.400] So instead of it taking me 15 minutes to get to work, it takes me 30.
[01:20:21.400 --> 01:20:30.400] Well, in the beginning, when this all first happened, it was really irritating because now I've had to add this extra time to my trip.
[01:20:30.400 --> 01:20:38.400] Plus, you've got where we live in the rural area, you have a lane going one direction and a lane going the other direction.
[01:20:38.400 --> 01:20:41.400] There's no four-lane highway or anything like that.
[01:20:41.400 --> 01:20:49.400] So if you get behind a slow vehicle and the road is sort of up and down, not very safe to pass, you're screwed.
[01:20:49.400 --> 01:20:57.400] So I finally get to the end of this road, and I'm getting close to work, and it's 55 miles an hour.
[01:20:57.400 --> 01:21:04.400] It's business 287, and there's probably anybody, actually, there's nobody on the road until I finally see a cop.
[01:21:04.400 --> 01:21:06.400] I'm going 70 and a 55.
[01:21:06.400 --> 01:21:11.400] Naturally, I go ahead and pull over because I know I'm going to see lights.
[01:21:11.400 --> 01:21:12.400] He does.
[01:21:12.400 --> 01:21:18.400] He turns around and throws his lights on, pulls up behind me, and I think to myself, well, I gave you the courtesy.
[01:21:18.400 --> 01:21:23.400] I pulled over before you actually turned around and turned your lights on me.
[01:21:23.400 --> 01:21:27.400] So maybe he'll give me a warning.
[01:21:27.400 --> 01:21:28.400] Not so much.
[01:21:28.400 --> 01:21:34.400] I even, when he came to the car, I was already getting my driver's license, insurance, yada, yada, yada.
[01:21:34.400 --> 01:21:36.400] Okay, I know the program.
[01:21:36.400 --> 01:21:43.400] And I hand it over to him, and he says, why have you been speeding, or did you know that you were speeding?
[01:21:43.400 --> 01:21:44.400] Yes, I know I was speeding.
[01:21:44.400 --> 01:21:45.400] Thank you very much.
[01:21:45.400 --> 01:21:50.400] I'm being as cordial as I possibly can because inside I am pissed off.
[01:21:50.400 --> 01:21:57.400] So I'm being cordial, and I said, yes, sir, I know that I was speeding because my highway exit has been closed,
[01:21:57.400 --> 01:22:03.400] and now I'm having to drive around a town in order to get here.
[01:22:03.400 --> 01:22:07.400] And I'm headed to work, and I'm running late.
[01:22:07.400 --> 01:22:13.400] And the gentleman said, oh, no, I actually said you guys have shut down my highway exit.
[01:22:13.400 --> 01:22:14.400] He said, well, it wasn't us, ma'am.
[01:22:14.400 --> 01:22:17.400] And I said, you guys meaning you Decatur.
[01:22:17.400 --> 01:22:19.400] He represents the city of Decatur.
[01:22:19.400 --> 01:22:25.400] Decatur, Wise County Highway Department, whoever it is that is in charge, has shut down my exit,
[01:22:25.400 --> 01:22:31.400] which happens to be a very big inconvenience for a lot of people.
[01:22:31.400 --> 01:22:36.400] So yes, I'm a little agitated, and I am speeding to get to work.
[01:22:36.400 --> 01:22:40.400] And he goes, well, I'll be right back.
[01:22:40.400 --> 01:22:42.400] Naturally, I get a ticket.
[01:22:42.400 --> 01:22:48.400] And I read the back of my ticket, and it said that I can call the office,
[01:22:48.400 --> 01:22:50.400] which happens to be right down the street from my studio.
[01:22:50.400 --> 01:22:59.400] So I walk there, and I called the lady in and said, look, I want to do deferred adjudication on this ticket.
[01:22:59.400 --> 01:23:02.400] And she was absolutely, you know, null of content.
[01:23:02.400 --> 01:23:06.400] And the lady said, you know, that's fine.
[01:23:06.400 --> 01:23:12.400] It'll cost you an extra $50 for a deferred adjudication.
[01:23:12.400 --> 01:23:14.400] And I was like, oh, Jesus.
[01:23:14.400 --> 01:23:18.400] So now my ticket's nearly $300.
[01:23:18.400 --> 01:23:27.400] Well, I go up there that day to pay the ticket, and it ended up she didn't charge me the $50 for deferred adjudication.
[01:23:27.400 --> 01:23:36.400] It's only the ticket charge because I guess I don't know if it was because I didn't go to the court or what, but I didn't get charged that $50.
[01:23:36.400 --> 01:23:42.400] Okay. Did it ever occur to you to challenge that ticket?
[01:23:42.400 --> 01:23:50.400] I, you know, and I've heard of if the police officer does not show up in court that day that, you know, you can challenge it, blah, blah, blah.
[01:23:50.400 --> 01:23:56.400] And I've done that before, but because I didn't know as much as you know, Randy, I was, you know, called in.
[01:23:56.400 --> 01:24:04.400] And this officer that had pulled me over at that particular time wasn't there, but they still charged me.
[01:24:04.400 --> 01:24:06.400] And I even said, well, my police officer isn't here.
[01:24:06.400 --> 01:24:10.400] You know, I'm under the understanding that he cannot represent himself because he isn't here.
[01:24:10.400 --> 01:24:13.400] And they said, but, you know, the ticket still stands.
[01:24:13.400 --> 01:24:18.400] So we need, you know, to get, you know, what you're going to say.
[01:24:18.400 --> 01:24:22.400] Are you going to say guilty or not guilty or?
[01:24:22.400 --> 01:24:26.400] And that's the, this is what I wanted to hear.
[01:24:26.400 --> 01:24:32.400] Most people have no idea of how things are supposed to work.
[01:24:32.400 --> 01:24:35.400] You have more than most.
[01:24:35.400 --> 01:24:42.400] And then, then when the prosecutor gives you some garbage, you don't necessarily know it's garbage.
[01:24:42.400 --> 01:24:47.400] And so it's not in the mind of most people to challenge a ticket.
[01:24:47.400 --> 01:24:50.400] And this is not in any way a criticism.
[01:24:50.400 --> 01:24:58.400] This goes to the mindset of the police and the prosecutors and the judges.
[01:24:58.400 --> 01:25:01.400] This is what they're accustomed to.
[01:25:01.400 --> 01:25:09.400] Ninety-nine percent of the people that get a ticket, well, some 80 some odd percent just pay it.
[01:25:09.400 --> 01:25:14.400] And then a few object to it, but they don't know how things work.
[01:25:14.400 --> 01:25:19.400] And whatever the prosecutor tells them, they tend to accept is true.
[01:25:19.400 --> 01:25:30.400] So when Scott comes along and steps right square in the middle of them, what they don't know what to do.
[01:25:30.400 --> 01:25:36.400] They're kind of like the ordinary person getting the ticket.
[01:25:36.400 --> 01:25:41.400] Ordinary person, you know, you get one or two tickets in a career.
[01:25:41.400 --> 01:25:48.400] Well, after you pass your teens, unless you're me.
[01:25:48.400 --> 01:25:50.400] But you don't deal with this often.
[01:25:50.400 --> 01:25:52.400] So you have no real knowledge about it.
[01:25:52.400 --> 01:25:58.400] You just have no idea what this is all about.
[01:25:58.400 --> 01:25:59.400] It's not your study.
[01:25:59.400 --> 01:26:04.400] And when the prosecutor tells you something, then you just buy it.
[01:26:04.400 --> 01:26:08.400] When he tells you that the ticket stands, it doesn't do any such thing.
[01:26:08.400 --> 01:26:19.400] A typical lying lawyer, you have a right to be faced by your accuser.
[01:26:19.400 --> 01:26:28.400] And when the court orders you to be in court on a certain day at a certain time and you show up, the court has a duty to be ready.
[01:26:28.400 --> 01:26:32.400] If they're not ready, they have a duty to dismiss.
[01:26:32.400 --> 01:26:33.400] He lied.
[01:26:33.400 --> 01:26:35.400] But they do that all the time.
[01:26:35.400 --> 01:26:44.400] And they're not used to someone not being totally compliant.
[01:26:44.400 --> 01:26:47.400] They call me into court.
[01:26:47.400 --> 01:26:50.400] Last time I was called in this way was Lake Worth.
[01:26:50.400 --> 01:26:55.400] And the prosecutor is holding this hearing.
[01:26:55.400 --> 01:26:59.400] And they called me up and said, are you Randy Randall Kelton?
[01:26:59.400 --> 01:27:00.400] I said, yes, I am.
[01:27:00.400 --> 01:27:01.400] I said, who are you?
[01:27:01.400 --> 01:27:03.400] They said, well, I'm the prosecutor attorney.
[01:27:03.400 --> 01:27:05.400] Oh, you're the persecutor.
[01:27:05.400 --> 01:27:07.400] I don't talk to persecutors.
[01:27:07.400 --> 01:27:08.400] Well, I need to talk to you.
[01:27:08.400 --> 01:27:11.400] I said, well, your problem, not my problem.
[01:27:11.400 --> 01:27:12.400] I want to talk to the judge.
[01:27:12.400 --> 01:27:13.400] Where's the judge?
[01:27:13.400 --> 01:27:14.400] Well, the judge is not here.
[01:27:14.400 --> 01:27:16.400] Well, get the judge.
[01:27:16.400 --> 01:27:18.400] I'm here to see the judge.
[01:27:18.400 --> 01:27:21.400] Well, we don't have a judge here today.
[01:27:21.400 --> 01:27:25.400] Well, then, Mr. Batiff, will you come over here?
[01:27:25.400 --> 01:27:27.400] Batiff comes over.
[01:27:27.400 --> 01:27:29.400] I need you to arrest this guy.
[01:27:29.400 --> 01:27:31.400] Well, why would I arrest him?
[01:27:31.400 --> 01:27:33.400] He's impersonating a public official.
[01:27:33.400 --> 01:27:38.400] He is impersonating a judge, and he's just a persecutor.
[01:27:38.400 --> 01:27:40.400] The lawyer said, prosecutor, prosecutor.
[01:27:40.400 --> 01:27:42.400] I always make that mistake.
[01:27:42.400 --> 01:27:46.400] But see, they have no idea what to do.
[01:27:46.400 --> 01:27:47.400] Right.
[01:27:47.400 --> 01:27:54.400] The prosecutor can't believe that I challenged him for doing what he does every day.
[01:27:54.400 --> 01:28:02.400] And they use the fact that most people, they want to be law-abiding citizens.
[01:28:02.400 --> 01:28:04.400] And you knew you were speeding.
[01:28:04.400 --> 01:28:10.400] And to fight something, you knew you were doing something wrong.
[01:28:10.400 --> 01:28:17.400] Now, I know Scott just swallowed his gum.
[01:28:17.400 --> 01:28:20.400] Because you weren't doing something wrong.
[01:28:20.400 --> 01:28:23.400] But you had been led to believe you had.
[01:28:23.400 --> 01:28:25.400] And this is where you are.
[01:28:25.400 --> 01:28:27.400] Go ahead, Scott.
[01:28:27.400 --> 01:28:30.400] You got the right to travel.
[01:28:30.400 --> 01:28:36.400] And so the judge is going to violate your constitutional right.
[01:28:36.400 --> 01:28:38.400] Everybody has the right.
[01:28:38.400 --> 01:28:43.400] But nobody will stand up for the right, which is the problem.
[01:28:43.400 --> 01:28:47.400] And so that's the whole reason.
[01:28:47.400 --> 01:28:50.400] That's exactly where I was going, Scott.
[01:28:50.400 --> 01:29:00.400] And part of the reason that, Scott, you have so much trouble is the same reason you can be so effective.
[01:29:00.400 --> 01:29:03.400] These guys don't know how to deal with you.
[01:29:03.400 --> 01:29:06.400] They don't know how to handle what you're doing.
[01:29:06.400 --> 01:29:11.400] And they end up doing really stupid stuff.
[01:29:11.400 --> 01:29:22.400] My favorite thing you did was filed criminal charges against a judge for raising his voice to you in court.
[01:29:22.400 --> 01:29:26.400] Bet he didn't see that one coming.
[01:29:26.400 --> 01:29:28.400] Well, that's not the best part.
[01:29:28.400 --> 01:29:33.400] The best part was after I filed criminal charges on the judge.
[01:29:33.400 --> 01:29:37.400] Oh, well, damn, Joe.
[01:29:37.400 --> 01:29:41.400] I will fill you in on the rest.
[01:29:41.400 --> 01:29:45.400] But yeah, the sergeant got criminal charges against the judge,
[01:29:45.400 --> 01:29:51.400] and the judge got criminal charges against the sergeant in the same courthouse.
[01:29:51.400 --> 01:29:58.400] This is, we call this kind of running the process.
[01:29:58.400 --> 01:30:01.400] We'll be right back.
[01:30:01.400 --> 01:30:05.400] We all know the FBI likes getting citizens to inform on their friends.
[01:30:05.400 --> 01:30:08.400] But did you know Facebook is now up to the same dirty tricks?
[01:30:08.400 --> 01:30:16.400] I'm Dr. Catherine Albrecht, and I'll tell you how Facebook is turning users into snitches that rat each other out next.
[01:30:16.400 --> 01:30:18.400] Privacy is under attack.
[01:30:18.400 --> 01:30:21.400] When you give up data about yourself, you'll never get it back again.
[01:30:21.400 --> 01:30:26.400] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.400 --> 01:30:28.400] So protect your rights.
[01:30:28.400 --> 01:30:32.400] Say no to surveillance and keep your information to yourself.
[01:30:32.400 --> 01:30:34.400] Privacy, it's worth hanging on to.
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[01:31:31.400 --> 01:31:36.400] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.400 --> 01:31:38.400] The government says that fire brought it down.
[01:31:38.400 --> 01:31:43.400] However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.400 --> 01:31:46.400] Over 6,000 of my fellow service members have given their lives.
[01:31:46.400 --> 01:31:49.400] Thousands of my fellow first responders have died.
[01:31:49.400 --> 01:31:50.400] I'm not a conspiracy theorist.
[01:31:50.400 --> 01:31:51.400] I'm a structural engineer.
[01:31:51.400 --> 01:31:52.400] I'm a New York City correctional officer.
[01:31:52.400 --> 01:31:53.400] I'm an Air Force pilot.
[01:31:53.400 --> 01:31:55.400] I'm a father who lost his son.
[01:31:55.400 --> 01:31:58.400] We're Americans, and we deserve the truth.
[01:31:58.400 --> 01:32:01.400] Go to RememberBuilding7.org today.
[01:32:01.400 --> 01:32:03.400] Hey, it's Danny here for Hill Country Home Improvements.
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[01:32:57.400 --> 01:32:59.400] Discounts are based on full roof replacement.
[01:32:59.400 --> 01:33:01.400] May not actually be kidding about Kim Trails.
[01:33:01.400 --> 01:33:19.400] Looking for some truth? You found it. Logosradionetwork.com.
[01:33:31.400 --> 01:33:47.400] Okay, we are back. Randy Kelton's Scott Richardson.
[01:33:47.400 --> 01:33:50.400] No, no, we're talking to Scott Richardson.
[01:33:50.400 --> 01:33:54.400] Randy Kelton's back with our radio. I'll get this down.
[01:33:54.400 --> 01:33:57.400] I think I'm just going to have to start introducing us.
[01:33:57.400 --> 01:34:02.400] Yeah, I'm going to have you do it next time.
[01:34:02.400 --> 01:34:06.400] Okay, we do need to move on, Scott.
[01:34:06.400 --> 01:34:17.400] I wanted to walk down the timeline, but as I'm going down it, there's so much information.
[01:34:17.400 --> 01:34:22.400] Scott tried to get me to go through this before the show, but I didn't have time to get through it.
[01:34:22.400 --> 01:34:31.400] Before the next show, Scott, I'll go through this and sort out the places where we can claim criminal acts.
[01:34:31.400 --> 01:34:38.400] As I was going through this, it was a lot more inclusive than I expected, and my apologies for that, Scott.
[01:34:38.400 --> 01:34:46.400] And I thought that you had a definitive ruling on the license.
[01:34:46.400 --> 01:34:51.400] If that had been the case, we could have really hammered them.
[01:34:51.400 --> 01:34:53.400] But I couldn't find that.
[01:34:53.400 --> 01:35:03.400] Everything is still in limbo because I'm still challenging the whole jurisdiction of the right to travel and blah, blah, blah.
[01:35:03.400 --> 01:35:11.400] And that's why I was telling you, you told me to make good notes, and so ha-ha, it bit you in your own tail.
[01:35:11.400 --> 01:35:16.400] Yeah, it is. I didn't have time to go through them all, and that was my bad.
[01:35:16.400 --> 01:35:21.400] I've been tied up.
[01:35:21.400 --> 01:35:28.400] We were going to talk about this arrest, and I was under the impression that you had a definitive ruling on the license.
[01:35:28.400 --> 01:35:32.400] Where it planned to go was if you had a ruling on the license,
[01:35:32.400 --> 01:35:37.400] the officer would know that you had a ruling on the license, whether he knew or not.
[01:35:37.400 --> 01:35:39.400] He had imputed knowledge.
[01:35:39.400 --> 01:35:48.400] The whole challenge is if there is no definitive ruling on the invalid license, how can they actually make an arrest?
[01:35:48.400 --> 01:35:57.400] So it's all still up in the air, and that's just at the discretion of the judge to make that call.
[01:35:57.400 --> 01:36:03.400] The records of the state indicate the license is invalid,
[01:36:03.400 --> 01:36:08.400] and that gives him probable cause to believe that you're driving on an invalid driver's license.
[01:36:08.400 --> 01:36:13.400] Okay, you still have the standard right to travel issue.
[01:36:13.400 --> 01:36:20.400] Yeah, if you're just going in on the whole right to travel, so you just forget everything else.
[01:36:20.400 --> 01:36:25.400] Well, we don't. I wanted to find...
[01:36:25.400 --> 01:36:30.400] I expected that we would have a claim against the officer for arresting you on an invalid license
[01:36:30.400 --> 01:36:38.400] when he knew or should have known that you didn't have or that you had a valid license.
[01:36:38.400 --> 01:36:44.400] Anyway, that didn't turn out the way I had anticipated, so my bad.
[01:36:44.400 --> 01:36:50.400] Okay, let's do this again next Friday, and I will...
[01:36:50.400 --> 01:36:58.400] Let's talk before the show so we can get this sorted out so we don't use up so much time on the air with my confusion.
[01:36:58.400 --> 01:37:01.400] Okay, I'll let you go.
[01:37:01.400 --> 01:37:10.400] Okay, thank you, Scott. Now we're going to go to Chris in Pennsylvania.
[01:37:10.400 --> 01:37:13.400] Okay, gotcha. Hello, Chris.
[01:37:13.400 --> 01:37:15.400] How are you?
[01:37:15.400 --> 01:37:19.400] Okay, Chris, what is up today?
[01:37:19.400 --> 01:37:24.400] Well, I was hoping maybe you'd play the double-bag the kid for me tonight,
[01:37:24.400 --> 01:37:33.400] and forget about everything that I told you about my case and look at it in a whole new perspective.
[01:37:33.400 --> 01:37:41.400] And maybe we've come to this before, but if I have...
[01:37:41.400 --> 01:37:49.400] Someone brings a court case to court, and they're using a debt that's already been paid,
[01:37:49.400 --> 01:37:54.400] and they mean to bring another one, but that's not what they bring,
[01:37:54.400 --> 01:38:02.400] and I asked the judge to dismiss this case based on subject matter jurisdiction.
[01:38:02.400 --> 01:38:12.400] Does he have under judicial procedure the only thing he can do is dismiss the case?
[01:38:12.400 --> 01:38:20.400] Okay, wait a minute. I missed something there.
[01:38:20.400 --> 01:38:23.400] Do that again.
[01:38:23.400 --> 01:38:31.400] If the bank assigns themselves the construction loan and not the actual mortgage,
[01:38:31.400 --> 01:38:40.400] and the construction loan was paid in full, like we wrote, because the bank gave the money,
[01:38:40.400 --> 01:38:43.400] they paid the construction loan, it was paid in full.
[01:38:43.400 --> 01:38:44.400] Yes.
[01:38:44.400 --> 01:38:50.400] So the next mortgage assignment, the addendum to the mortgage,
[01:38:50.400 --> 01:38:55.400] which is the mortgage which they did not assign themselves, has not been assigned,
[01:38:55.400 --> 01:39:00.400] and they bring the construction loan to court, and they're suing based on the construction loan.
[01:39:00.400 --> 01:39:03.400] Okay, hold on. Here's where I'm having a problem.
[01:39:03.400 --> 01:39:11.400] The assignment, was this an assignment of the construction loan or assignment of the mortgage?
[01:39:11.400 --> 01:39:14.400] Assignment of the construction loan.
[01:39:14.400 --> 01:39:18.400] Okay, so everything here is all construction loan,
[01:39:18.400 --> 01:39:23.400] and there's nothing before the court concerning the mortgage?
[01:39:23.400 --> 01:39:27.400] Correct.
[01:39:27.400 --> 01:39:36.400] Then if there was an assignment after the construction loan was paid off,
[01:39:36.400 --> 01:39:44.400] then the assignment assigned the claim that the holder had, which was nothing.
[01:39:44.400 --> 01:39:47.400] Correct.
[01:39:47.400 --> 01:39:57.400] So it has a paid off, in good faith, a paid off construction loan, which is what they took in the assignment of.
[01:39:57.400 --> 01:40:09.400] So apparently in this case, when they filed, they used, they filed based on the wrong note.
[01:40:09.400 --> 01:40:14.400] Right, or the wrong mortgage assignment.
[01:40:14.400 --> 01:40:19.400] Yeah, and they can't fix it.
[01:40:19.400 --> 01:40:23.400] Right. So it's already in front of the court,
[01:40:23.400 --> 01:40:29.400] and the whole issue that they're suing on is that they have an assignment of the construction loan,
[01:40:29.400 --> 01:40:37.400] and they're suing to foreclose on that and not the actual mortgage.
[01:40:37.400 --> 01:40:42.400] So is that specific in the pleadings?
[01:40:42.400 --> 01:40:43.400] Yes.
[01:40:43.400 --> 01:40:51.400] So where are we, is the court, where are we now in the case?
[01:40:51.400 --> 01:40:59.400] Thursday we have a discussion between the bank, the attorneys, and our attorney
[01:40:59.400 --> 01:41:05.400] about the fact that the assignment is not the assignment of mortgage,
[01:41:05.400 --> 01:41:12.400] and the bank was supposed to give a brief on why we are not entitled to relief based on that,
[01:41:12.400 --> 01:41:19.400] and their brief was basically the fact that they hold the mortgage and they hold the note,
[01:41:19.400 --> 01:41:24.400] but the note never was assigned with the mortgage because it was discharged in bankruptcy,
[01:41:24.400 --> 01:41:31.400] so they're making this assignment of mortgage what they're suing on, and they have the wrong mortgage.
[01:41:31.400 --> 01:41:37.400] Have you filed for summary judgment?
[01:41:37.400 --> 01:41:45.400] We have not because we're only, we're in the argument point of allowing the bank to respond
[01:41:45.400 --> 01:41:50.400] to why we're not entitled to relief.
[01:41:50.400 --> 01:41:54.400] So my question is, are these facts before the court,
[01:41:54.400 --> 01:42:02.400] the fact that the suit is based on the construction loan,
[01:42:02.400 --> 01:42:09.400] and there's evidence before the court that the construction loan has been paid off?
[01:42:09.400 --> 01:42:10.400] Correct.
[01:42:10.400 --> 01:42:20.400] Then there should be a petition for a plea and abatement to abate any further proceedings
[01:42:20.400 --> 01:42:25.400] and a motion for default judgment.
[01:42:25.400 --> 01:42:29.400] These are facts before the court, there's sufficient facts before the court
[01:42:29.400 --> 01:42:37.400] for the court to determine that the plaintiff lacks standing or legal capacity
[01:42:37.400 --> 01:42:40.400] to invoke the subject matter if you're sticking to the court.
[01:42:40.400 --> 01:42:44.400] Everything else would be moot if you get a positive ruling on that,
[01:42:44.400 --> 01:42:50.400] so it's improper to waste time with these irrelevant issues.
[01:42:50.400 --> 01:42:56.400] Your lawyer should have a motion for default judgment in.
[01:42:56.400 --> 01:43:01.400] Right, so that's in the argument that they're going to make on Thursday,
[01:43:01.400 --> 01:43:06.400] if she goes in and asks for a motion to dismiss this
[01:43:06.400 --> 01:43:09.400] based on the fact that there is no subject matter jurisdiction,
[01:43:09.400 --> 01:43:14.400] the wrong mortgage assignment, based on nothing else we've heard,
[01:43:14.400 --> 01:43:22.400] the judge would have to look at that and say he can't make any more decisions based on this case
[01:43:22.400 --> 01:43:26.400] because they don't have subject matter to hear because it's not the correct mortgage assignment.
[01:43:26.400 --> 01:43:27.400] Exactly.
[01:43:27.400 --> 01:43:32.400] The judge can't do, he can't exercise any discretion on anything
[01:43:32.400 --> 01:43:37.400] until he's overcome the subject matter jurisdiction issue.
[01:43:37.400 --> 01:43:40.400] Hang on, got to go to break.
[01:43:40.400 --> 01:43:43.400] Randy Kelton, VetPak, we've got radio.
[01:43:43.400 --> 01:43:48.400] I'll call you at number 512-646-1984.
[01:43:48.400 --> 01:44:00.400] I'll be right back.
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[01:46:05.400 --> 01:46:33.400] Thank you.
[01:46:35.400 --> 01:46:45.400] Welcome back to Rule of Law.
[01:46:45.400 --> 01:46:48.400] This is Randy Kelton and Yvette Pack.
[01:46:48.400 --> 01:46:50.400] Randy, are you ready?
[01:46:50.400 --> 01:46:51.400] I am ready.
[01:46:51.400 --> 01:46:53.400] See, that sounded so much better than yours.
[01:46:53.400 --> 01:46:55.400] Yes, it did.
[01:46:55.400 --> 01:47:02.400] But when you bring us in, you get top-field.
[01:47:02.400 --> 01:47:05.400] Okay, Chris.
[01:47:05.400 --> 01:47:13.400] Yeah, I would, you know, I'm wondering why there's not a motion for default judgment.
[01:47:13.400 --> 01:47:18.400] When the motion for default judgment is filed, everything else is stayed
[01:47:18.400 --> 01:47:27.400] because the motion for default judgment is a way God, it ends the case.
[01:47:27.400 --> 01:47:28.400] Right.
[01:47:28.400 --> 01:47:32.400] I hate it when I lose the term for it and I just lost it for a second.
[01:47:32.400 --> 01:47:37.400] But if you get a positive ruling, all this other stuff doesn't matter.
[01:47:37.400 --> 01:47:40.400] So it's positive.
[01:47:40.400 --> 01:47:42.400] That's the term I was looking for.
[01:47:42.400 --> 01:47:43.400] Go ahead.
[01:47:43.400 --> 01:47:48.400] I've been focusing on all this other stuff when this is as simple as it gets.
[01:47:48.400 --> 01:47:52.400] If you're going to sue me on something, you better have the right thing to sue me on.
[01:47:52.400 --> 01:47:57.400] And the court has to rule on the fact that you're not suing me on the correct.
[01:47:57.400 --> 01:48:04.400] And you have to be careful because if you don't claim the right, they're going to assume you waive it.
[01:48:04.400 --> 01:48:15.400] So you have to raise this or the court will just assume that you waived it, consciously waived it.
[01:48:15.400 --> 01:48:22.400] And this should be a really, really simple default judgment motion.
[01:48:22.400 --> 01:48:23.400] Right.
[01:48:23.400 --> 01:48:27.400] This fact, this fact, there's no other conclusion that the court can...
[01:48:27.400 --> 01:48:35.400] These two facts are not in contention and that's required for default judgment.
[01:48:35.400 --> 01:48:40.400] There's no other decision the court can come to.
[01:48:40.400 --> 01:48:47.400] A good chance the judge would be glad to see it, to get rid of the case and clear his docket.
[01:48:47.400 --> 01:48:50.400] Right.
[01:48:50.400 --> 01:48:53.400] Okay. One question.
[01:48:53.400 --> 01:48:54.400] Uh-huh.
[01:48:54.400 --> 01:49:02.400] How long has it been since you received the first notice of acceleration?
[01:49:02.400 --> 01:49:06.400] We're going to statute of limitations here.
[01:49:06.400 --> 01:49:09.400] We have one more year.
[01:49:09.400 --> 01:49:17.400] Then you might not want to raise this issue yet if you can tangle them up for another year.
[01:49:17.400 --> 01:49:20.400] Well... You can.
[01:49:20.400 --> 01:49:22.400] You're not in the appeals court, are you?
[01:49:22.400 --> 01:49:24.400] No, we're not.
[01:49:24.400 --> 01:49:31.400] We're waiting for a decision to see whether we appeal or the bank appeals based on the judgment to continue
[01:49:31.400 --> 01:49:39.400] because we've raised the issue or we're raising the issue also of indispensable party not joined,
[01:49:39.400 --> 01:49:44.400] which is subject matter jurisdiction with the civil procedure.
[01:49:44.400 --> 01:49:55.400] Beautiful. So you've got a subject matter jurisdiction challenge that doesn't go to them filing on the wrong document.
[01:49:55.400 --> 01:49:56.400] Not yet.
[01:49:56.400 --> 01:50:04.400] We're trying to bring it to closure and say that they filed on the wrong document and this shouldn't even be going anywhere.
[01:50:04.400 --> 01:50:08.400] It shouldn't have even gone as far as it has gone.
[01:50:08.400 --> 01:50:14.400] So you're getting ready to go to court of appeals.
[01:50:14.400 --> 01:50:21.400] Court of appeals is going to take six to nine months as a rule generally.
[01:50:21.400 --> 01:50:26.400] So where I'm going here is to strategy.
[01:50:26.400 --> 01:50:34.400] They got another year in which to correct their error.
[01:50:34.400 --> 01:50:41.400] And my general rule of thumb is never interfere with someone when they're screwing up.
[01:50:41.400 --> 01:50:46.400] So they're working on the wrong document and wasting their time.
[01:50:46.400 --> 01:50:55.400] If you can get past the limitations, just jerking them around here.
[01:50:55.400 --> 01:51:04.400] Almost certain. Well, before you get to the court of appeals, you have to have the issue of.
[01:51:04.400 --> 01:51:08.400] No, I'm thinking, I'm thinking.
[01:51:08.400 --> 01:51:13.400] Subject matter jurisdiction can be raised at any time.
[01:51:13.400 --> 01:51:17.400] So if you.
[01:51:17.400 --> 01:51:20.400] Let me step back and ask a question.
[01:51:20.400 --> 01:51:26.400] Did you raise the issue of.
[01:51:26.400 --> 01:51:33.400] Filing on the wrong mortgage in this court, is it before the court?
[01:51:33.400 --> 01:51:36.400] Yes, that's the reason we're here with the bank.
[01:51:36.400 --> 01:51:46.400] The judge looked at what our lawyer presented as the fact that they took the docket assignment on record of the assignment
[01:51:46.400 --> 01:51:51.400] was the construction loan and not the mortgage, which is the mortgage.
[01:51:51.400 --> 01:51:56.400] So, OK, that is that. OK, here's what I'm concerned with.
[01:51:56.400 --> 01:52:02.400] If they go ahead and dismiss this case.
[01:52:02.400 --> 01:52:05.400] Based on your challenge, subject matter jurisdiction,
[01:52:05.400 --> 01:52:12.400] the bank is still within the statute of limitations to file on the correct document.
[01:52:12.400 --> 01:52:23.400] Well, but they can't. But while these morons are arguing in court over this issue, the real mortgage is timing out.
[01:52:23.400 --> 01:52:30.400] Well, the real mortgage is sitting with Wachovia Mortgage, who is no longer in business.
[01:52:30.400 --> 01:52:38.400] Yeah. And we have the dead guy argument before the court of appeals in California right now.
[01:52:38.400 --> 01:52:44.400] It's exactly that argument that the assignment by a dead guy.
[01:52:44.400 --> 01:52:51.400] So the only strategy I was going to hear is if the judge rules in your favor.
[01:52:51.400 --> 01:52:59.400] Right. What's to stop the lender from coming back and filing an action?
[01:52:59.400 --> 01:53:05.400] Claiming that he has a proper assignment and he's going to put you back in court for quite a while,
[01:53:05.400 --> 01:53:09.400] even though you have a good argument to fight it against it.
[01:53:09.400 --> 01:53:15.400] If you would it would it not not lay on the abandonment issue? Pennsylvania.
[01:53:15.400 --> 01:53:20.400] Oh, yeah. No, no. What I'm saying is you got it. You got a good argument. Yes, absolutely.
[01:53:20.400 --> 01:53:28.400] Wachovia went out of business and they didn't assign their claim to somebody else.
[01:53:28.400 --> 01:53:38.400] Right. So Wachovia was a person under law. Corporations for the purpose of certain rights are designated as persons.
[01:53:38.400 --> 01:53:44.400] Well, that person died. Actually, the CIA shot him.
[01:53:44.400 --> 01:53:54.400] They shot him in the head when they caught him with a C-130 full of three hundred eighty five million dollars in cash that they were laundering for the drug cartels.
[01:53:54.400 --> 01:54:02.400] So they shoot him in the head and they die. Well, when this person dies, it doesn't go to probate.
[01:54:02.400 --> 01:54:10.400] So when this person dies, if they have any claims, they need to assign those claims to somebody else before they die.
[01:54:10.400 --> 01:54:15.400] And Wachovia didn't die that day. They had plenty of time to get that done and they didn't.
[01:54:15.400 --> 01:54:20.400] So our argument is they abandoned their claim. You got a good claim.
[01:54:20.400 --> 01:54:25.400] But what I'm looking at here is statute of limitations where they can't even make the claim.
[01:54:25.400 --> 01:54:32.400] You don't even have to argue it if you can push them past their statute of limitations here.
[01:54:32.400 --> 01:54:45.400] Right. Which also brings up the fact that if the courts, if the bankruptcy court ruled on a motion to lift the stay based on the wrong assignment of mortgage,
[01:54:45.400 --> 01:55:00.400] did they actually lift the stay for them to foreclose on the already paid construction loan or did they lift the stay on the only mortgage out there?
[01:55:00.400 --> 01:55:20.400] Which one was in, when the, okay, you claim the property is unsecured. When the lender came to the bankruptcy court, what deed of trust did they put before the bankruptcy court?
[01:55:20.400 --> 01:55:25.400] The only one they took an assignment of, which was the construction loan.
[01:55:25.400 --> 01:55:43.400] So the bankruptcy court ruled the wrong decision by allowing them to lift the stay on a construction loan that's already been paid off when the actual real mortgage was discharged in bankruptcy without an assignment of that.
[01:55:43.400 --> 01:55:51.400] Oh, okay. Hold on. So you brought the real mortgage to the bank, to the bankruptcy court.
[01:55:51.400 --> 01:55:58.400] It's the only one that was existing. Yeah. And they brought the wrong one to the bankruptcy court.
[01:55:58.400 --> 01:56:05.400] Right. So the bankruptcy court ruled on your mortgage and discharged it.
[01:56:05.400 --> 01:56:17.400] Right. That may be why they might have brought that construction loan deliberately, because it hasn't been discharged in bankruptcy.
[01:56:17.400 --> 01:56:22.400] And if that's the case, you should go for sanctions.
[01:56:22.400 --> 01:56:29.400] Well, the only mortgage that could have been discharged in bankruptcy was the one brought before the court, which is the mortgage we were paying on.
[01:56:29.400 --> 01:56:32.400] Yeah, the one you brought before the court.
[01:56:32.400 --> 01:56:41.400] Right. Oh, wait a minute. No, you claimed it as unsecured. So you didn't bring a mortgage before it at all.
[01:56:41.400 --> 01:56:54.400] So what was filed in the court concerning a mortgage that their bankruptcy court could look at? Did you file something?
[01:56:54.400 --> 01:57:02.400] No, the only mortgage the court could look at in bankruptcy was the mortgage that was we were paying on.
[01:57:02.400 --> 01:57:06.400] They couldn't look at the construction loan because that was already paid off in full.
[01:57:06.400 --> 01:57:22.400] OK, wait, if you filed unsecured, then did you present that mortgage to the court as an unsecured debt?
[01:57:22.400 --> 01:57:23.400] Yes.
[01:57:23.400 --> 01:57:30.400] OK, good. What I'm getting at is I'm the judge here. And what can I see?
[01:57:30.400 --> 01:57:37.400] OK, I see this debt in the form of a deed of trust, but a claim that this one is this debt.
[01:57:37.400 --> 01:57:44.400] I'm sorry, this note and this note is unsecured. And that's the mortgage.
[01:57:44.400 --> 01:57:52.400] And then the other guy comes in and he's arguing the construction loan. He's just got the wrong one. So, OK, perfect.
[01:57:52.400 --> 01:58:03.400] There was also a note attached to the construction loan. So there was also a note addendum that went with the correct mortgage that was never assigned.
[01:58:03.400 --> 01:58:12.400] If they assigned the mortgage of the construction loan, they would have been assigned the note that went with the construction loan, which was already paid off.
[01:58:12.400 --> 01:58:15.400] You have to take a break.
[01:58:15.400 --> 01:58:28.400] OK, I'm getting a headache here. OK, I'm just trying to get all these facts straight. OK, we're about to go to break here, but we've got about 25 seconds.
[01:58:28.400 --> 01:58:37.400] When we come back, there is a specific question here. When we come back, let's get to that.
[01:58:37.400 --> 01:58:50.400] This is Randy Kelly from The Pack. We'll be right back.
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