ROL_2016-04-29_16k_Hr1-2.timecode

[00:00.000 --> 00:05.840]  The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly
[00:05.840 --> 00:08.360]  bulletins for the commodities market.
[00:08.360 --> 00:21.320]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.320 --> 00:27.920]  Markets for Wednesday, the 27th of April, 2016, are currently trading with gold at $1,244.98
[00:27.920 --> 00:35.200]  an ounce, silver $17.20 an ounce, Texas crude $42.64 a barrel, and Bitcoin is currently
[00:35.200 --> 00:43.600]  on about $457 U.S. currency.
[00:43.600 --> 00:49.800]  Today in history, the year 1909, the Sultan of Turkey, Abdul Hamid II, is overthrown
[00:49.800 --> 00:54.600]  by the Sultan's military counter-coup, which was in response to the young Turks' coup.
[00:54.600 --> 01:00.600]  His brother, Rashad Effendi, was then proclaimed as Sultan Mehmed V, the fall of Abdul Hamid
[01:00.600 --> 01:06.520]  II, today in history.
[01:06.520 --> 01:11.000]  In recent news, Dennis Hastert, former House Speaker, was sentenced to 15 months in prison
[01:11.000 --> 01:15.920]  and ordered to pay $250,000 today and two years of supervised release once he finished
[01:15.920 --> 01:17.120]  his prison term.
[01:17.120 --> 01:21.520]  The fine is for a victims' hush money case, which was uncovered by the FBI, where he was
[01:21.520 --> 01:25.920]  accused of sexually abusing young boys as a teacher in Illinois.
[01:25.920 --> 01:30.480]  Hastert did admit to Judge Thomas M. Durkin in open court that he abused at least one
[01:30.480 --> 01:31.480]  child.
[01:31.480 --> 01:36.040]  The primary accuser in a sexual abuse case, who had received $1.7 million from Hastert,
[01:36.040 --> 01:44.320]  has also sued Hastert for the remaining $1.8 million he was promised.
[01:44.320 --> 01:48.960]  The president of Venezuela, Nicolas Maduro, announced on his regular presidential broadcast
[01:48.960 --> 01:53.480]  that in a desperate attempt to save electricity, the public sector or government employees,
[01:53.480 --> 01:57.520]  who make up a third of the country's workforce, will work Monday and Tuesday and have the
[01:57.520 --> 01:58.960]  rest of the week off.
[01:58.960 --> 02:02.800]  This five-day weekend is being implemented in order to save as much electricity as possible.
[02:02.800 --> 02:06.280]  The shortage has resulted from a drought the country has been going through since Venezuela's
[02:06.280 --> 02:08.960]  electricity primarily comes from hydroelectric plants.
[02:08.960 --> 02:12.560]  They're banking on the rainy season, which is expected shortly, to save the country's
[02:12.560 --> 02:13.960]  electric shortage.
[02:13.960 --> 02:17.480]  Forced blackouts lasting four hours at the minimum have been imposed across much of the
[02:17.480 --> 02:22.000]  country, putting the country's scarce food supplies and restaurants and markets at risk
[02:22.000 --> 02:23.000]  of spoiling.
[02:23.000 --> 02:27.760]  For more than 12 hours after the declaration, rioters, as could be expected, went on a spree
[02:27.760 --> 02:32.440]  against businesses and even attacked the headquarters of the government's power company, Corpo
[02:32.440 --> 02:33.440]  Elec.
[02:33.440 --> 02:35.840]  A significant rainfall does not arrive within a few weeks.
[02:35.840 --> 02:39.280]  Much of Venezuela will be at risk of a near total blackout.
[02:39.280 --> 02:42.460]  Venezuela's economy is projected to shrink 8 percent this year, with inflation running
[02:42.460 --> 02:46.760]  at a whopping 720 percent, according to the International Monetary Fund.
[02:46.760 --> 02:51.040]  Though the effects of socialism on people are not funny, I can't help but ask what socialists
[02:51.040 --> 02:53.520]  used for light before they used candles.
[02:53.520 --> 02:54.520]  Apparently it was electricity.
[02:54.520 --> 02:55.520]  This was the lowdown for April 27, 2016.
[02:55.520 --> 03:22.840]  This was the lowdown for April 27, 2016.
[03:26.520 --> 03:29.520]  Bad boys, bad boys, whatcha gonna do?
[03:29.520 --> 03:32.520]  Whatcha gonna do when they come for you?
[03:32.520 --> 03:35.520]  Bad boys, bad boys, whatcha gonna do?
[03:35.520 --> 03:38.520]  Whatcha gonna do when they come for you?
[03:38.520 --> 03:43.520]  When you were eight and you had that treat We'll go to school and learn the golden rules
[03:43.520 --> 03:46.520]  So why are you acting like a bloody fool?
[03:46.520 --> 03:48.520]  If you get high then you must get cool!
[03:48.520 --> 03:51.520]  Bad boys, bad boys, whatcha gonna do?
[03:51.520 --> 03:54.520]  Whatcha gonna do when they come for you?
[03:54.520 --> 03:57.520]  Bad boys, bad boys, whatcha gonna do?
[03:57.520 --> 04:00.520]  Whatcha gonna do when they come for you?
[04:00.520 --> 04:02.520]  You chuck it on that one, you chuck it on this one
[04:02.520 --> 04:05.520]  You chuck it on your mother and you chuck it on your father
[04:05.520 --> 04:08.520]  You chuck it on your brother and you chuck it on your sister
[04:08.520 --> 04:24.520]  Okay, howdy, howdy, this is Randy Helton Jetpack with our radio on this Friday the 29th day of April 2016.
[04:24.520 --> 04:32.520]  Down here in Austin tonight, Vette may not be with us, she's probably traveling to Austin as we speak.
[04:32.520 --> 04:39.520]  And she'll be down here tomorrow, we're here for a very special occasion in Austin.
[04:39.520 --> 04:45.520]  It is important that every year we celebrate Eeyore's birthday.
[04:45.520 --> 04:53.520]  One of the most important celebrations of the year and you can only see it in Austin, Texas.
[04:53.520 --> 04:56.520]  Where everybody's weird.
[04:56.520 --> 05:05.520]  Anyway, okay, we'll have our phone lines open and if I can hit the right button I can get them open.
[05:05.520 --> 05:08.520]  The phones are gonna be open all night.
[05:08.520 --> 05:17.520]  I'm gonna start out talking about Thursday, the 21st, Thursday last week.
[05:17.520 --> 05:25.520]  This is something I've been working on and getting prepared for, for actually 30 years or so.
[05:25.520 --> 05:34.520]  I finally got the door open to the grand jury and I filed against my district judge.
[05:34.520 --> 05:47.520]  First degree felony aggravated assault for assaulting me with a armed bailiff.
[05:47.520 --> 06:00.520]  It is as technical a complaint as I could make and I only made it so that I could use the district judge
[06:00.520 --> 06:11.520]  as a way to force the Texas Rangers to change their protocols.
[06:11.520 --> 06:16.520]  Now, the district judge is very accommodating in this.
[06:16.520 --> 06:23.520]  If I filed a really egregious accusation against a public official,
[06:23.520 --> 06:33.520]  it would dilute the effect of the complaint as the purpose of the complaint is not to put focus on
[06:33.520 --> 06:39.520]  criminal wrongdoing by anyone other than the Texas Ranger.
[06:39.520 --> 06:46.520]  We got new, well I may not spend too much time on this, I've got three colas already.
[06:46.520 --> 06:52.520]  If I have time later I'll talk about why I filed first degree felony aggravated assault charges
[06:52.520 --> 06:54.520]  against my local district judge.
[06:54.520 --> 07:01.520]  Criminal conspiracy against a Texas Ranger and the director of the Department of Public Safety.
[07:01.520 --> 07:08.520]  They're before the grand jury now and they have to wait until next month to find out if they get indicted or not.
[07:08.520 --> 07:11.520]  So that one's cooking.
[07:11.520 --> 07:15.520]  I have three colas so I'm going to go ahead and start out with colas.
[07:15.520 --> 07:18.520]  Our first caller on the board is Joseph in New York.
[07:18.520 --> 07:19.520]  Hello, Joseph.
[07:19.520 --> 07:21.520]  I'm on the radio by the way.
[07:21.520 --> 07:22.520]  Hello.
[07:22.520 --> 07:23.520]  Hello.
[07:23.520 --> 07:25.520]  What do you have for us tonight?
[07:25.520 --> 07:29.520]  Well, I have a real basic question for you.
[07:29.520 --> 07:43.520]  And it has to do with a, I got a traffic court issue going on and the deputy DA filed an information
[07:43.520 --> 07:47.520]  in opposition of a motion to dismiss.
[07:47.520 --> 07:54.520]  Now, you know, she refers to herself as a deponent and I'm thinking, you know,
[07:54.520 --> 07:58.520]  this is a violation of Trinity v. Bagliaro.
[07:58.520 --> 08:00.520]  Wait a minute, wait a minute.
[08:00.520 --> 08:02.520]  Deponent?
[08:02.520 --> 08:03.520]  Yes.
[08:03.520 --> 08:08.520]  Explain to me who is being deposed?
[08:08.520 --> 08:10.520]  Herself.
[08:10.520 --> 08:15.520]  Deponent is an attorney, licensed to practice law in the state of New York and is the assistant district attorney
[08:15.520 --> 08:18.520]  representing the people and the ability of the Indian Justice Court.
[08:18.520 --> 08:20.520]  That's what she said.
[08:20.520 --> 08:22.520]  Let me make sure I'm hearing the word right.
[08:22.520 --> 08:27.520]  Am I hearing opponent or deponent?
[08:27.520 --> 08:29.520]  DEPONENT.
[08:29.520 --> 08:30.520]  Okay.
[08:30.520 --> 08:33.520]  That means someone who's being, who's being deposed.
[08:33.520 --> 08:37.520]  So are you deposing the prosecuting attorney?
[08:37.520 --> 08:41.520]  No, she deposed herself.
[08:41.520 --> 08:44.520]  Does that make any sense?
[08:44.520 --> 08:45.520]  Okay.
[08:45.520 --> 08:46.520]  Wait a minute.
[08:46.520 --> 08:47.520]  That'll take some explanation.
[08:47.520 --> 08:50.520]  She deposed herself.
[08:50.520 --> 08:56.520]  Do you have a transcript or a video of the deposition?
[08:56.520 --> 09:01.520]  I have a written, I have this written thing.
[09:01.520 --> 09:06.520]  An information in opposition to motion to dismiss.
[09:06.520 --> 09:08.520]  And this is what she's written.
[09:08.520 --> 09:09.520]  Wait a minute.
[09:09.520 --> 09:11.520]  You're in New York State.
[09:11.520 --> 09:15.520]  Information in opposition to motion to dismiss.
[09:15.520 --> 09:18.520]  These are odd terms.
[09:18.520 --> 09:26.520]  Generally, there would be just a response to a motion to dismiss.
[09:26.520 --> 09:33.520]  Correct.
[09:33.520 --> 09:34.520]  Okay.
[09:34.520 --> 09:35.520]  I finally have me a notepad.
[09:35.520 --> 09:36.520]  I'm not in my office.
[09:36.520 --> 09:38.520]  I'm in Austin at the moment.
[09:38.520 --> 09:43.520]  I mean, this is a, you know, this is a total violation of the Piggie versus Dagliaro.
[09:43.520 --> 09:53.520]  Not only that, I accused the judge of judicial misconduct because, you know, I demanded a
[09:53.520 --> 09:56.520]  copy of the accusatory instrument.
[09:56.520 --> 09:57.520]  Okay.
[09:57.520 --> 09:58.520]  Wait a minute.
[09:58.520 --> 10:02.520]  Maybe part of the problem is you kind of started in the middle of your case.
[10:02.520 --> 10:07.520]  Give us a brief synopsis of where you're at so we can kind of get focused.
[10:07.520 --> 10:10.520]  This was actually the beginning.
[10:10.520 --> 10:15.520]  I was, I went to my village court to be arrayed.
[10:15.520 --> 10:16.520]  Wait a minute.
[10:16.520 --> 10:17.520]  Wait a minute.
[10:17.520 --> 10:20.520]  That's not, that's the beginning of today.
[10:20.520 --> 10:21.520]  Okay.
[10:21.520 --> 10:24.520]  You got a traffic citation?
[10:24.520 --> 10:25.520]  Yes.
[10:25.520 --> 10:26.520]  Five of them.
[10:26.520 --> 10:27.520]  Okay.
[10:27.520 --> 10:31.520]  See, that's pretty good information for us to understand so we can kind of figure out
[10:31.520 --> 10:32.520]  where you're at.
[10:32.520 --> 10:35.520]  Well, you kind of explained the five citations.
[10:35.520 --> 10:37.520]  Are they all the same incident?
[10:37.520 --> 10:40.520]  Did you get them all at once or over a period of time?
[10:40.520 --> 10:41.520]  Correct.
[10:41.520 --> 10:42.520]  Yes.
[10:42.520 --> 10:43.520]  No, no, no.
[10:43.520 --> 10:44.520]  That was a question.
[10:44.520 --> 10:45.520]  One or the other.
[10:45.520 --> 10:48.520]  All at once or over a period of time?
[10:48.520 --> 10:49.520]  All at once.
[10:49.520 --> 10:50.520]  All at once.
[10:50.520 --> 10:51.520]  Okay.
[10:51.520 --> 10:54.520]  Tell us what happened.
[10:54.520 --> 10:55.520]  Briefly.
[10:55.520 --> 10:56.520]  Briefly.
[10:56.520 --> 11:02.520]  I pulled over for, I got hit with a plate reader.
[11:02.520 --> 11:04.520]  I had to get a chance to turn in my plates.
[11:04.520 --> 11:09.520]  I tried to get, turn in my license and registration and the woman at DMV refused.
[11:09.520 --> 11:13.520]  She said, you can't just turn them in.
[11:13.520 --> 11:17.520]  And so I said, okay, well, I'll have to go over your head.
[11:17.520 --> 11:21.520]  And in the meantime, you know, I got hit with a plate reader.
[11:21.520 --> 11:28.520]  So I got, you know, unlicensed, unregistered, you know, uninsured, uninspected, all that.
[11:28.520 --> 11:36.520]  You know, so I was, you know, I went to my arraignment and I asked for a copy of the
[11:36.520 --> 11:37.520]  regulatory instrument.
[11:37.520 --> 11:38.520]  Hold on.
[11:38.520 --> 11:39.520]  Hold on.
[11:39.520 --> 11:40.520]  What?
[11:40.520 --> 11:44.520]  This brings a, no, an arraignment.
[11:44.520 --> 11:46.520]  I'll test that later.
[11:46.520 --> 11:47.520]  Go ahead.
[11:47.520 --> 11:48.520]  I'm sorry.
[11:48.520 --> 11:51.520]  He declared that it was an arraignment.
[11:51.520 --> 11:52.520]  Okay.
[11:52.520 --> 11:59.520]  The reason I stopped you is in Texas, the code of criminal procedure says that an arraignment
[11:59.520 --> 12:07.520]  is a hearing in a matter punishable by imprisonment for the purpose of determining the identity
[12:07.520 --> 12:10.520]  of the accused and taking a plea.
[12:10.520 --> 12:15.520]  Before you can go to an arraignment, if you signed the citation and agreed to appear in
[12:15.520 --> 12:22.520]  court, if you read the citation, it most likely says that you agreed to appear before some
[12:22.520 --> 12:23.520]  magistrate.
[12:23.520 --> 12:29.520]  If the citation doesn't say it, almost certainly the state law will say it.
[12:29.520 --> 12:30.520]  Right.
[12:30.520 --> 12:32.520]  I say nothing.
[12:32.520 --> 12:33.520]  Okay.
[12:33.520 --> 12:35.520]  So you didn't see a magistrate.
[12:35.520 --> 12:36.520]  Okay.
[12:36.520 --> 12:37.520]  Go ahead.
[12:37.520 --> 12:48.520]  Well, so at any rate, the magistrate entered a plea against my protests.
[12:48.520 --> 12:53.520]  I demanded a copy of the accusatory instrument that the statute requires that must be given
[12:53.520 --> 12:55.520]  to me upon my arraignment.
[12:55.520 --> 12:56.520]  Okay.
[12:56.520 --> 12:57.520]  Say that again.
[12:57.520 --> 13:00.520]  You demanded a copy of the two-party instrument?
[13:00.520 --> 13:03.520]  No, of the accusatory instrument.
[13:03.520 --> 13:04.520]  Oh, okay.
[13:04.520 --> 13:05.520]  Accusatory instrument.
[13:05.520 --> 13:06.520]  Okay.
[13:06.520 --> 13:13.520]  So all I had were the five naked complaints.
[13:13.520 --> 13:16.520]  I wanted to challenge nature and cause.
[13:16.520 --> 13:18.520]  He told me, the prosecutor is in here.
[13:18.520 --> 13:19.520]  You can't do that.
[13:19.520 --> 13:22.520]  I said, well, that's too bad that she is in here to attend her case.
[13:22.520 --> 13:28.520]  I demand a copy of the accusatory instrument that the law requires you hand me right now.
[13:28.520 --> 13:30.520]  And he said, the tickets are sufficient.
[13:30.520 --> 13:35.520]  And I said, statutes disagree with that and then the case law disagrees with that.
[13:35.520 --> 13:45.520]  And so I moved to dismiss, you know, for, you know, the estoppel, you know, had occurred
[13:45.520 --> 13:52.520]  and, you know, for judicial misconduct, you know, and, you know, for the, you know, prosecutor.
[13:52.520 --> 13:53.520]  Okay.
[13:53.520 --> 14:02.520]  If the statute required him at this initial hearing to provide you with nature and cause
[14:02.520 --> 14:06.520]  and he failed to, that's a due process violation.
[14:06.520 --> 14:07.520]  Exactly.
[14:07.520 --> 14:11.520]  So, well, I hit him with a call already until he recused himself.
[14:11.520 --> 14:14.520]  So it got transferred to town court.
[14:14.520 --> 14:15.520]  All right.
[14:15.520 --> 14:19.520]  And while it was being transferred, I got this affirmation and opposition of motion
[14:19.520 --> 14:21.520]  to dismiss.
[14:21.520 --> 14:22.520]  Okay.
[14:22.520 --> 14:23.520]  And hold on.
[14:23.520 --> 14:29.520]  Did you file a motion to dismiss, a written motion, or is he referring to the verbal motion
[14:29.520 --> 14:31.520]  in court?
[14:31.520 --> 14:34.520]  No, it was written.
[14:34.520 --> 14:35.520]  Okay.
[14:35.520 --> 14:38.520]  When did you file that?
[14:38.520 --> 14:43.520]  Oh, how about three days after the arraignment?
[14:43.520 --> 14:44.520]  Okay.
[14:44.520 --> 14:48.520]  That would have been two months ago.
[14:48.520 --> 14:49.520]  Okay.
[14:49.520 --> 14:50.520]  That's good.
[14:50.520 --> 14:53.520]  I needed kind of the order of how that occurred.
[14:53.520 --> 14:54.520]  Right.
[14:54.520 --> 14:55.520]  Okay.
[14:55.520 --> 14:58.520]  So, you know, the first part of it, I don't have a problem with it.
[14:58.520 --> 15:01.520]  She just basically contests.
[15:01.520 --> 15:04.520]  Well, I'm glad you finally stepped in.
[15:04.520 --> 15:05.520]  Never knew.
[15:05.520 --> 15:06.520]  I know you're busy.
[15:06.520 --> 15:07.520]  I don't want to...
[15:07.520 --> 15:10.520]  Well, I'm on the radio, but, you know, this is cool.
[15:10.520 --> 15:12.520]  I'm going to just stop by.
[15:12.520 --> 15:14.520]  So I'll stop by.
[15:14.520 --> 15:15.520]  I'm sorry.
[15:15.520 --> 15:17.520]  This is a good friend of mine.
[15:17.520 --> 15:19.520]  I hardly ever see him.
[15:19.520 --> 15:23.520]  Tell him you're on the air at the moment.
[15:23.520 --> 15:25.520]  I just did.
[15:25.520 --> 15:26.520]  Okay.
[15:26.520 --> 15:35.520]  So at any rate, the first part of her affirmation, I don't have a problem with it.
[15:35.520 --> 15:44.520]  Basically, she just states a bunch of statutory law that she's relying upon to contest my motion.
[15:44.520 --> 15:47.520]  I don't have a problem because it's all irrelevant.
[15:47.520 --> 15:50.520]  But then in the second part, she defends the judge.
[15:50.520 --> 15:59.520]  You know, I attack the judge specifically and, you know, she's basically, you know, defending the judges doesn't do her.
[15:59.520 --> 16:06.520]  You know, my attack on the judge is between the judge and myself.
[16:06.520 --> 16:07.520]  Okay.
[16:07.520 --> 16:08.520]  So...
[16:08.520 --> 16:09.520]  Well, the reason I...
[16:09.520 --> 16:13.520]  Go ahead.
[16:13.520 --> 16:14.520]  Okay.
[16:14.520 --> 16:20.520]  Yeah, but if she's defending the judge and the judge is not...
[16:20.520 --> 16:29.520]  Is the behavior of the judge relevant to the motion to dismiss?
[16:29.520 --> 16:30.520]  Yes.
[16:30.520 --> 16:32.520]  In fact, if you want, you can bring it up.
[16:32.520 --> 16:35.520]  Okay.
[16:35.520 --> 16:43.520]  It's within the scope of the prosecuting attorney to defend the behavior of the judge.
[16:43.520 --> 16:44.520]  Is that?
[16:44.520 --> 16:52.520]  Yeah, in an attempt to show cause as to why the case should not be dismissed.
[16:52.520 --> 16:55.520]  So, yeah, that's within her scope.
[16:55.520 --> 16:56.520]  Oh, okay.
[16:56.520 --> 16:57.520]  I didn't realize that.
[16:57.520 --> 16:59.520]  Yeah, the judge is not a lawyer.
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[19:18.520 --> 19:24.520]  Okay, Randy Kelton, that pack with our radio kind of fell off the cliff there.
[19:24.520 --> 19:32.520]  I was asking questions, taking notes, and I missed my outro.
[19:32.520 --> 19:36.520]  Okay, where were we, Joseph, when we fell off the cliff?
[19:36.520 --> 19:41.520]  Well, yeah, we were talking about my take on the judge.
[19:41.520 --> 19:44.520]  I just brought it up.
[19:44.520 --> 19:50.520]  This is what I put in my motion to dismiss concerning the judge's actions.
[19:50.520 --> 19:54.520]  I was called to the podium by Stephen Jake Knight.
[19:54.520 --> 19:56.520]  I didn't refer to him as the honorable.
[19:56.520 --> 20:00.520]  To answer the five charges, I was asked how do I plead?
[20:00.520 --> 20:04.520]  I answered, I'm reserving my plea until I see proper notice.
[20:04.520 --> 20:12.520]  The prosecution's notice is inadequate and incomplete to make a reasonably informed intelligence and voluntary plea or to confer jurisdiction upon this court.
[20:12.520 --> 20:17.520]  The magistrate ruled that the tickets were enough notice.
[20:17.520 --> 20:21.520]  I attempted to object and rebut.
[20:21.520 --> 20:31.520]  Mr. Knight declared that he wasn't going to allow me to read anything into the record and stated that he was going to enter a plea of not guilty against my protestations.
[20:31.520 --> 20:34.520]  I restated that I was reserving my plea.
[20:34.520 --> 20:45.520]  He ruled that this is a court of law and stated that he was going to enter a plea of not guilty and refused to allow me to make any military pleas or preemptive challenges or to answer any preliminary questions.
[20:45.520 --> 20:51.520]  I asked for a copy of his accusatory instrument and he said he didn't have one and the tickets were sufficient.
[20:51.520 --> 20:58.520]  He declared that any further communication would be ex parte communication and forbid me from further responding to the charges.
[20:58.520 --> 21:00.520]  Wait a minute.
[21:00.520 --> 21:08.520]  The judge ordered you to a hearing and he ordered you to an ex parte hearing?
[21:08.520 --> 21:11.520]  How does that work?
[21:11.520 --> 21:13.520]  I don't know.
[21:13.520 --> 21:15.520]  That's ridiculous.
[21:15.520 --> 21:19.520]  What I'm doing, that was kind of a rhetorical question.
[21:19.520 --> 21:22.520]  The question is really for the judge.
[21:22.520 --> 21:25.520]  Judge, how does that work?
[21:25.520 --> 21:32.520]  You ordered me to appear at an arraignment hearing and the state's not represented?
[21:32.520 --> 21:35.520]  So are you the prosecutor now?
[21:35.520 --> 21:36.520]  Exactly.
[21:36.520 --> 21:37.520]  That was what I said.
[21:37.520 --> 21:46.520]  The magistrate rescheduled my arraignment to a sponte because I moved to, you know, dismiss and he was like forget that.
[21:46.520 --> 21:53.520]  And I said there's no accusatory instrument, no affidavit, no fact witness, no complaint.
[21:53.520 --> 22:02.520]  There were no facts of a jurisdictional nature that would confer jurisdiction upon the court.
[22:02.520 --> 22:09.520]  The village court last subject me to jurisdiction, my right to due process and equal treatment of the law have been violated.
[22:09.520 --> 22:17.520]  And further down, you know, I complained that the judge, you know, joined the court in the prosecution's process.
[22:17.520 --> 22:21.520]  Actually, there's a moving party in the litigation.
[22:21.520 --> 22:23.520]  You know, what does he think he's doing?
[22:23.520 --> 22:25.520]  Exactly.
[22:25.520 --> 22:34.520]  Now, I made that motion and the new judge, you know, it went from village court to town court.
[22:34.520 --> 22:47.520]  This judge upheld the DA's affirmation in opposition to my motion.
[22:47.520 --> 22:51.520]  And I'm like really?
[22:51.520 --> 22:55.520]  But right now, I had a very basic question.
[22:55.520 --> 22:57.520]  How do I properly attack this?
[22:57.520 --> 23:00.520]  Do I attack this with a motion to quash?
[23:00.520 --> 23:04.520]  Because, you know, I'm learning, but I still know it does.
[23:04.520 --> 23:09.520]  Now, once you have the ruling, okay, let me back up.
[23:09.520 --> 23:17.520]  Is this, this is New York, so I'm not exactly sure the particulars of traffic court.
[23:17.520 --> 23:24.520]  Are you in front of a municipal court or a justice court?
[23:24.520 --> 23:27.520]  Well, it's a justice court.
[23:27.520 --> 23:28.520]  Okay.
[23:28.520 --> 23:31.520]  So it's in the county.
[23:31.520 --> 23:33.520]  It's town court.
[23:33.520 --> 23:34.520]  Okay.
[23:34.520 --> 23:35.520]  Hold on.
[23:35.520 --> 23:41.520]  Is this, were you given the citation by a county sheriff or a municipal police officer?
[23:41.520 --> 23:43.520]  Super.
[23:43.520 --> 23:46.520]  Say that again.
[23:46.520 --> 23:47.520]  Okay.
[23:47.520 --> 23:48.520]  Hold on just a second.
[23:48.520 --> 23:51.520]  If you speak while I'm talking, there's a suppressor on the system.
[23:51.520 --> 23:56.520]  It will push your voice down below mine and we won't hear it.
[23:56.520 --> 23:57.520]  Okay.
[23:57.520 --> 24:04.520]  So municipal court or a county, generally here we have municipal court.
[24:04.520 --> 24:12.520]  If it's in a city, if it's outside in the county, then it will go to a justice of the peace.
[24:12.520 --> 24:21.520]  Again, well, from my understanding, you know, this is a, what they call a town justice court.
[24:21.520 --> 24:22.520]  Okay.
[24:22.520 --> 24:29.520]  So it is within a municipal or within city jurisdiction.
[24:29.520 --> 24:32.520]  It's not county jurisdiction.
[24:32.520 --> 24:33.520]  This is correct.
[24:33.520 --> 24:42.520]  Okay. So are municipal courts in New York courts of record?
[24:42.520 --> 24:43.520]  No.
[24:43.520 --> 24:44.520]  Okay.
[24:44.520 --> 24:50.520]  So an appeal from the municipal court is appeal de novo.
[24:50.520 --> 24:51.520]  Correct.
[24:51.520 --> 24:52.520]  Okay.
[24:52.520 --> 24:56.520]  Let me explain to those who don't understand what we're talking about here.
[24:56.520 --> 25:11.520]  A court that is not a court of record, these are considered inferior courts because they can be manned by non-lawyers.
[25:11.520 --> 25:17.520]  The justice of the peace or municipal court judge does not necessarily have to be a lawyer.
[25:17.520 --> 25:19.520]  So they're considered inferior courts.
[25:19.520 --> 25:24.520]  An appeal from an inferior court can be trial de novo.
[25:24.520 --> 25:32.520]  Trial de novo means as if the original trial didn't happen.
[25:32.520 --> 25:40.520]  However, it only means that for the purpose of perfecting your appeal.
[25:40.520 --> 25:52.520]  What the courts want you to think is that it actually is as if the original trial didn't happen, and that is not the case.
[25:52.520 --> 25:56.520]  You don't have to appeal on writ of error.
[25:56.520 --> 26:01.520]  If this were a court of record, and in Texas, we have both.
[26:01.520 --> 26:12.520]  We have some courts that are not courts of record, but certain cities can register themselves as a court of record, in which case the judge has to be a lawyer.
[26:12.520 --> 26:16.520]  And from that, you don't get an appeal de novo.
[26:16.520 --> 26:20.520]  You have to appeal based on writ of error.
[26:20.520 --> 26:29.520]  So in Joseph's case, it's an inferior court, so he can appeal without having to claim error.
[26:29.520 --> 26:31.520]  That's what trial de novo means.
[26:31.520 --> 26:38.520]  It doesn't mean they're shielded from the garbage they pulled in the original court, and that's what they'll try to claim.
[26:38.520 --> 26:48.520]  So they tend to do anything they want to in the original court because they presume that an appeal will result in trial de novo.
[26:48.520 --> 26:59.520]  We go to the Court of Appeals and say, no, no, no, it does not affect trial de novo as concerns the improprieties on part of the original court.
[26:59.520 --> 27:02.520]  Am I making sense in that, Joseph?
[27:02.520 --> 27:04.520]  Yes, you are.
[27:04.520 --> 27:13.520]  That means that in the next court, you can go after these guys for their, your due process was denied.
[27:13.520 --> 27:20.520]  Just because it's trial de novo doesn't mean your due process got undenied somehow.
[27:20.520 --> 27:21.520]  Right.
[27:21.520 --> 27:25.520]  And due process violation is harm per se.
[27:25.520 --> 27:27.520]  You don't have to show harm.
[27:27.520 --> 27:30.520]  It's a harm as a matter of law.
[27:30.520 --> 27:31.520]  Okay.
[27:31.520 --> 27:43.520]  Now we're at the point where you filed a motion to dismiss, counsel filed an opposition, judge ruled in counsel's favor.
[27:43.520 --> 27:54.520]  Not much more to do that with that until you get to the Court of Appeal, to the next step, the Appeals Court, because it's made a final ruling on that issue.
[27:54.520 --> 28:04.520]  You can, I don't know if in these municipal courts in New York, do they allow for a motion for reconsideration?
[28:04.520 --> 28:05.520]  Yes.
[28:05.520 --> 28:07.520]  Oh, good.
[28:07.520 --> 28:16.520]  Then have you written up a findings of fact and conclusions at law?
[28:16.520 --> 28:18.520]  Yes.
[28:18.520 --> 28:24.520]  Okay. Have you filed a motion for reconsideration, including the findings of fact?
[28:24.520 --> 28:33.520]  And for those who don't know about this, a judge has a duty to determine the facts in accordance with the rules of evidence, then apply the laws that comes to him to the facts in the case.
[28:33.520 --> 28:38.520]  If the judge rules against you, then you have a right to appeal.
[28:38.520 --> 28:48.520]  But if you don't know what law the judge applied to what facts, you have no way to know how to appeal.
[28:48.520 --> 28:53.520]  So you ask the judge for findings of fact and conclusions of law.
[28:53.520 --> 28:59.520]  And the standard way of doing that is you offer findings of fact and conclusions of law.
[28:59.520 --> 29:08.520]  You say these are the facts and these are the laws that apply to those facts and this is the conclusion you should have came to.
[29:08.520 --> 29:17.520]  And you ask the judge to accept your findings of fact and conclusions of law or prepare and present his own so that you know how to appeal the issue.
[29:17.520 --> 29:20.520]  Okay. That's my story and I'm sticking to it.
[29:20.520 --> 29:21.520]  Okay.
[29:21.520 --> 29:25.520]  Well, that's going to be fantastic.
[29:25.520 --> 29:29.520]  I'll do that very thing.
[29:29.520 --> 29:30.520]  Okay.
[29:30.520 --> 29:34.520]  Yeah, other than that, you know, both of these judges are cowboys.
[29:34.520 --> 29:38.520]  I was up against this judge in Herkimer Village Court.
[29:38.520 --> 29:40.520]  He was the judge of both houses.
[29:40.520 --> 29:41.520]  Okay. Hang on.
[29:41.520 --> 29:42.520]  Hang on.
[29:42.520 --> 29:44.520]  We're about to go to another break.
[29:44.520 --> 29:50.520]  Randy Kelton, VetPak, Rue of La Radio are calling number 512-646-1984.
[29:50.520 --> 29:52.520]  Call boards are full at the moment.
[29:52.520 --> 29:55.520]  As soon as someone drops off, it will open up a line.
[29:55.520 --> 29:56.520]  We can only hold four at once.
[29:56.520 --> 29:58.520]  So we'll be taking your calls all night.
[29:58.520 --> 30:04.520]  You'll be right.
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[32:02.520 --> 32:05.520]  Rule of Law Radio is proud to offer the rule of law traffic center.
[32:05.520 --> 32:08.520]  In today's America, we live in an us-against-them society,
[32:08.520 --> 32:10.520]  and if we the people are ever going to have a free society,
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[33:03.520 --> 33:10.520]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:10.520 --> 33:19.520]  Yeah, I got the warrant and I'm going to solve them
[33:19.520 --> 33:24.520]  to the government them, prosecute them.
[33:24.520 --> 33:26.520]  Okay.
[33:26.520 --> 33:36.520]  Okay, we are back, Randy Kelton, Rule of Law Radio
[33:36.520 --> 33:40.520]  and we're talking to Joseph in New York.
[33:40.520 --> 33:46.520]  Okay, Joseph, they've already ruled on that,
[33:46.520 --> 33:53.520]  so have you sent in the motion for reconsideration?
[33:53.520 --> 33:59.520]  Well, I haven't submitted it yet.
[33:59.520 --> 34:07.520]  There were some other motions and notices that I wanted to get before and first.
[34:07.520 --> 34:12.520]  Now, this new judge did the same thing that the first judge did.
[34:12.520 --> 34:22.520]  Now, the first judge tried to apply a case number to the case without an accusatory instrument
[34:22.520 --> 34:24.520]  and I protested.
[34:24.520 --> 34:26.520]  I said there can't be a case number without a case
[34:26.520 --> 34:28.520]  and there can't be a case without an accusatory instrument.
[34:28.520 --> 34:31.520]  So he didn't, but the new judge did.
[34:31.520 --> 34:34.520]  He just sent a case number anyway.
[34:34.520 --> 34:39.520]  So I'm challenging, on all my paperwork, I'm just putting cause numbers,
[34:39.520 --> 34:42.520]  but there's no case.
[34:42.520 --> 34:47.520]  But he had to plead not guilty against my protestations
[34:47.520 --> 34:56.520]  and when I challenged him and I told him without the proper understanding of the cause
[34:56.520 --> 35:10.520]  and without the nature being anything more than hearsay, I can't believe.
[35:10.520 --> 35:21.520]  And so he said, well, if you can't put this up, I'm going to order a competency hearing.
[35:21.520 --> 35:23.520]  Wow, wonderful.
[35:23.520 --> 35:26.520]  I said, yeah, I said you just go right ahead.
[35:26.520 --> 35:30.520]  Do what happens to you.
[35:30.520 --> 35:35.520]  And then he told me, you know, if you keep making trouble,
[35:35.520 --> 35:40.520]  I'm just going to throw you in jail until your next hearing.
[35:40.520 --> 35:42.520]  Hold on, hold on.
[35:42.520 --> 35:49.520]  What are the statutes in New York for witness tampering and obstruction?
[35:49.520 --> 35:53.520]  I don't know, I'd have to rig them up and read them.
[35:53.520 --> 35:55.520]  Read, pull them out.
[35:55.520 --> 35:59.520]  In Texas, it's 3605, 3606.
[35:59.520 --> 36:02.520]  Witness tampering is a felony in Texas.
[36:02.520 --> 36:05.520]  It probably is in New York.
[36:05.520 --> 36:11.520]  He just threatened you with a competency hearing
[36:11.520 --> 36:16.520]  because you were actively adjudicating your case and pleading your rights.
[36:16.520 --> 36:21.520]  That's witness tampering.
[36:21.520 --> 36:26.520]  That should certainly get the accusation.
[36:26.520 --> 36:32.520]  Okay, let's talk about New York grand jury.
[36:32.520 --> 36:41.520]  As I understand, a few years ago, the New York legislature reworked the grand juries in New York
[36:41.520 --> 36:44.520]  in order to strengthen them.
[36:44.520 --> 36:49.520]  And you have a good grand jury system.
[36:49.520 --> 36:53.520]  Now here is what I want you to look for.
[36:53.520 --> 37:02.520]  What does New York law say are the duties of the grand jury?
[37:02.520 --> 37:08.520]  The reason I ask the question this way is in Texas it says,
[37:08.520 --> 37:15.520]  the grand jury shall investigate into all crimes subject to indictment that come to their knowledge
[37:15.520 --> 37:22.520]  by way of any member of the grand jury, by way of the prosecuting attorney, or any credible person.
[37:22.520 --> 37:30.520]  I believe if I remember right, New York says the grand jury shall investigate into all crimes
[37:30.520 --> 37:39.520]  that come to their, all crimes subject to indictment that come to their knowledge by whatever means.
[37:39.520 --> 37:41.520]  I believe it does, too.
[37:41.520 --> 37:52.520]  Okay, if that's what it says, then that establishes your statutory right to give notice to a grand jury.
[37:52.520 --> 37:56.520]  It does not establish your right to present to a grand jury.
[37:56.520 --> 38:06.520]  Most states will have a statute that only authorizes the prosecuting attorney to present to the grand jury.
[38:06.520 --> 38:15.520]  And where there is a specific authorization, what is not included in the authorization is excluded.
[38:15.520 --> 38:21.520]  However, you have no interest in presenting to the grand jury.
[38:21.520 --> 38:25.520]  You have a duty to give notice.
[38:25.520 --> 38:36.520]  Now, in Texas, we have a statute that makes it a felony if you have knowledge of a, I'm sorry,
[38:36.520 --> 38:43.520]  makes it a crime, not a felony, makes it a crime if you have knowledge of a felony and don't report it.
[38:43.520 --> 38:49.520]  But ours is specific in that a felony involving bodily injury.
[38:49.520 --> 38:52.520]  You might look at New York.
[38:52.520 --> 39:02.520]  If we're not statutorily required to report crime, we are at least civilly, in a civil society,
[39:02.520 --> 39:07.520]  we have a duty to report crime.
[39:07.520 --> 39:15.520]  And when you report crime, you report crime as the master of the service.
[39:15.520 --> 39:23.520]  And by that I mean, I just gave a verified criminal affidavit to a Texas ranger accusing a public official of committing a crime.
[39:23.520 --> 39:31.520]  And my position is, what I gave you is not something that's subject to your discretion.
[39:31.520 --> 39:34.520]  I am the master.
[39:34.520 --> 39:38.520]  I gave you notice by verified affidavit that a crime has been committed.
[39:38.520 --> 39:41.520]  You have no power to challenge that.
[39:41.520 --> 39:44.520]  You must do what the law requires you to do.
[39:44.520 --> 39:49.520]  In Texas it says that under 2.13 duties of peace officers,
[39:49.520 --> 39:54.520]  they must give notice to some magistrate of all crimes committed in the county.
[39:54.520 --> 39:58.520]  So when you give them the verified criminal affidavit,
[39:58.520 --> 40:03.520]  they have officially been given notice by their superior.
[40:03.520 --> 40:06.520]  Now they're going to want to hide it and do something else with it.
[40:06.520 --> 40:14.520]  That's okay, because then when they don't act on it, you get to charge the officer with tampering and shielding.
[40:14.520 --> 40:18.520]  Does this sound like fun, Joseph?
[40:18.520 --> 40:21.520]  Oh yeah, now you're talking about the DA here, right?
[40:21.520 --> 40:22.520]  Yeah.
[40:22.520 --> 40:25.520]  I'd be handing the notice to the DA and he'd be...
[40:25.520 --> 40:29.520]  No, no, I'm talking about the judge that threatened you.
[40:29.520 --> 40:32.520]  Oh, so I'm going to hand the notice to the judge.
[40:32.520 --> 40:36.520]  The judge threatened you in court, that's witness tampering.
[40:36.520 --> 40:38.520]  That's correct, yes.
[40:38.520 --> 40:40.520]  I don't care who he is.
[40:40.520 --> 40:43.520]  You are the master, he is the servant.
[40:43.520 --> 40:47.520]  It is his duty to determine the facts in accordance with the rules of evidence
[40:47.520 --> 40:51.520]  and apply the law as it comes to him to the facts in the case.
[40:51.520 --> 40:57.520]  Whether he likes the facts he hears or not, you don't care.
[40:57.520 --> 41:05.520]  If he attempts to prevent you from exercising a right by denying you access to the court,
[41:05.520 --> 41:08.520]  and that's what he did in this process.
[41:08.520 --> 41:13.520]  He denied you in your right to petition the court for redress of grievance
[41:13.520 --> 41:21.520]  and threatened you with retaliation if you continue to petition the court for redress of grievance.
[41:21.520 --> 41:24.520]  Yeah, two different forms.
[41:24.520 --> 41:27.520]  That's probably a felony, I'm almost certain.
[41:27.520 --> 41:29.520]  It is in Texas, they're almost...
[41:29.520 --> 41:35.520]  Witness tampering is considered a really, really big deal.
[41:35.520 --> 41:39.520]  Well, I also asked him for a record of the hearing.
[41:39.520 --> 41:47.520]  You know, normally the court will give you a little CD that you have to give to your transcriptionist.
[41:47.520 --> 41:52.520]  And he said, no, I'm not giving you anything.
[41:52.520 --> 41:56.520]  Did you record it?
[41:56.520 --> 41:58.520]  Did I record asking for it?
[41:58.520 --> 42:02.520]  No, did you record the hearing?
[42:02.520 --> 42:10.520]  I set that up to be done and the guy that was supposed to be there with the recorder
[42:10.520 --> 42:16.520]  didn't show up on time because he thought, you know, I'm normally called last because they know I always fight.
[42:16.520 --> 42:18.520]  Okay, well, I have recorders.
[42:18.520 --> 42:21.520]  I got called up right away.
[42:21.520 --> 42:24.520]  You need to fix that.
[42:24.520 --> 42:32.520]  I have a really nice pin drive and I have a press pass that I wear and it's got a little pouch on it.
[42:32.520 --> 42:35.520]  I always keep the pin drive in the pouch.
[42:35.520 --> 42:39.520]  I have a couple of really nice pins.
[42:39.520 --> 42:45.520]  I've got a name tag that's got my picture on it and it says press on it.
[42:45.520 --> 42:52.520]  I've got a key for my car and it hangs on my press pass.
[42:52.520 --> 43:05.520]  I'm briskly with recording devices and that flash drive cost me seven bucks and that thing is good.
[43:05.520 --> 43:13.520]  I just recorded a court of appeals hearing that I couldn't hear a word they were saying, but I hear it on the tape.
[43:13.520 --> 43:21.520]  So I suggest you get a couple of those and the coolest way to handle it and this might have been you.
[43:21.520 --> 43:30.520]  Are you the one that had two recordings for the police and you recorded them trying to erase the first one?
[43:30.520 --> 43:32.520]  No, it wasn't me.
[43:32.520 --> 43:40.520]  Okay, we had somebody from New York and I suggested to them take two recording devices and let them see one.
[43:40.520 --> 43:45.520]  And when they tell you to turn it off, they never think that you might have another one.
[43:45.520 --> 43:51.520]  Hang on, Randy Kelton, Wheelbarrow Radio, I call it number 512-646-1984.
[43:51.520 --> 44:02.520]  We'll be right back.
[44:02.520 --> 44:06.520]  Hello, my name is Stuart Smith from naturespureorganics.com
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[45:01.520 --> 45:04.520]  Are you the plaintiff or defendant in a lawsuit?
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[46:20.520 --> 46:22.520]  Okay, we are back.
[46:22.520 --> 46:28.520]  Randy Kelton, Vets Pack, Rule of Law Radio, and we're talking to Joseph in New York.
[46:28.520 --> 46:32.520]  Joseph, you were a great caller to start out the show with.
[46:32.520 --> 46:34.520]  I do want to explain something.
[46:34.520 --> 46:41.520]  I'm not trying to be pedantic in some of my explanations of things you obviously already know.
[46:41.520 --> 46:43.520]  You're obviously ahead of the game.
[46:43.520 --> 46:50.520]  The whole purpose of what I'm doing is trying to bring other people up to your speed.
[46:50.520 --> 46:59.520]  What's happened with me is I've learned a lot about some things, but I'm still really amateur at others.
[46:59.520 --> 47:01.520]  I'm never going to feel that you're pedantic.
[47:01.520 --> 47:03.520]  I'm still learning.
[47:03.520 --> 47:09.520]  Okay, then there's a place I want to go.
[47:09.520 --> 47:14.520]  When I first started the show, I told about filing first degree felony aggravated assault charges
[47:14.520 --> 47:17.520]  against my local district judge.
[47:17.520 --> 47:21.520]  What I didn't explain is why I did that.
[47:21.520 --> 47:26.520]  I did that because I got him upset at me.
[47:26.520 --> 47:30.520]  He threatened to have me arrested, ordered the bailiff over to arrest me.
[47:30.520 --> 47:33.520]  The bailiff put his hand on my arm.
[47:33.520 --> 47:41.520]  He threatened to have me arrested because I demanded that he call the grand jury.
[47:41.520 --> 47:45.520]  He had just been paneled back into the court, disbanded that grand jury.
[47:45.520 --> 47:56.520]  We convened the panel so that I can exercise my statutory right under 19.27 to challenge the grand jury panel.
[47:56.520 --> 48:00.520]  He refused, said I'd have to use the right procedure.
[48:00.520 --> 48:04.520]  I told him that the statute does not prescribe a procedure.
[48:04.520 --> 48:10.520]  Since you are the district judge, it is your duty to ensure my rights.
[48:10.520 --> 48:13.520]  You must determine the procedure.
[48:13.520 --> 48:16.520]  Well, Mr. Coulson, you're just going to have to figure out what that procedure is.
[48:16.520 --> 48:19.520]  I said, well, we'll see what Travis County has to say about that.
[48:19.520 --> 48:25.520]  You can file in the seat of government from any county.
[48:25.520 --> 48:27.520]  You can file to Travis County.
[48:27.520 --> 48:29.520]  He said, are you threatening me?
[48:29.520 --> 48:31.520]  Mr. Coulton, you just threatened me.
[48:31.520 --> 48:32.520]  Mr. Bailiff, arrest this man.
[48:32.520 --> 48:35.520]  The bailiff come over and put his hand on my arm.
[48:35.520 --> 48:39.520]  And I looked down and said, Mr. Bailiff, I see you wearing a pistol.
[48:39.520 --> 48:41.520]  Yes, Mr. Coulton, I am.
[48:41.520 --> 48:43.520]  Tell me, Mr. Bailiff, is that pistol loaded?
[48:43.520 --> 48:45.520]  Yes, it is.
[48:45.520 --> 48:48.520]  And the judge said, Mr. Bailiff, you can back off.
[48:48.520 --> 48:51.520]  He got it.
[48:51.520 --> 48:54.520]  Oh, I had done this to him before.
[48:54.520 --> 48:56.520]  He hated me.
[48:56.520 --> 48:58.520]  He ran in the courtroom once.
[48:58.520 --> 49:02.520]  When I was talking to the bailiff and said, Mr. Coulton, you're creating a disturbance.
[49:02.520 --> 49:05.520]  You get out of this courthouse or I'll have you arrested.
[49:05.520 --> 49:08.520]  I said, oh, gee whiz, Judge, I'm sorry.
[49:08.520 --> 49:12.520]  I reached in my pocket and jerked out this little digital recorder.
[49:12.520 --> 49:14.520]  I didn't have this turned on. Click.
[49:14.520 --> 49:16.520]  I stuck it right in his face.
[49:16.520 --> 49:19.520]  Will you say that again?
[49:19.520 --> 49:24.520]  Well, I was talking to the bailiff because the high sheriff of the county
[49:24.520 --> 49:29.520]  refused to dispatch an officer to arrest the district attorney.
[49:29.520 --> 49:32.520]  And it said I would have to make my complaint to the bailiff
[49:32.520 --> 49:34.520]  because he was a chief security officer.
[49:34.520 --> 49:41.520]  So I'm making a complaint to the bailiff at the direction of the high sheriff of the county
[49:41.520 --> 49:44.520]  to ask him to arrest the district attorney.
[49:44.520 --> 49:52.520]  And the judge comes in and threatens me in order to interrupt my access to a public building.
[49:52.520 --> 49:58.520]  2206 Texas Penal Code calls that a terroristic threat.
[49:58.520 --> 50:03.520]  And I filed it against him with the attorney general.
[50:03.520 --> 50:05.520]  Oh, that was so much fun.
[50:05.520 --> 50:10.520]  And that's when he stopped sending me Christmas cards.
[50:10.520 --> 50:13.520]  So he was already pretty upset at me.
[50:13.520 --> 50:19.520]  And then when he did this one, you know, because he knew from the last time that I would sting him.
[50:19.520 --> 50:22.520]  And so he ordered the bailiff to back down.
[50:22.520 --> 50:24.520]  Sorry, Bubba.
[50:24.520 --> 50:27.520]  That bell's already been rung.
[50:27.520 --> 50:31.520]  Now, I don't know how what he feels about that loaded pistol,
[50:31.520 --> 50:38.520]  but I have spent some time on the sharp end of those things and I take them deadly serious.
[50:38.520 --> 50:42.520]  And so does the Texas legislature.
[50:42.520 --> 50:49.520]  They said if you commit simple assault as defined by 2201 Texas Penal Code,
[50:49.520 --> 50:56.520]  which is a Class C misdemeanor, and you are prominently displaying a deadly weapon,
[50:56.520 --> 50:58.520]  that's a felony of the second degree.
[50:58.520 --> 51:04.520]  Unless you are a public official acting under the color of an official capacity,
[51:04.520 --> 51:10.520]  color meaning pretense, then that is a felony of the first degree.
[51:10.520 --> 51:16.520]  Their legislators intended that when that officer strap on that pistol,
[51:16.520 --> 51:21.520]  that he straps on an extremely serious responsibility.
[51:21.520 --> 51:24.520]  They were not kidding.
[51:24.520 --> 51:27.520]  But the bailiff didn't assault me.
[51:27.520 --> 51:28.520]  The judge did.
[51:28.520 --> 51:30.520]  The judge did.
[51:30.520 --> 51:33.520]  The bailiff was the deadly weapon he assaulted me with.
[51:33.520 --> 51:35.520]  That's what I found.
[51:35.520 --> 51:39.520]  So you were close to the same thing.
[51:39.520 --> 51:46.520]  You were threatened by the judge in the courtroom for having the audacity
[51:46.520 --> 51:49.520]  to vigorously adjudicate your case.
[51:49.520 --> 51:56.520]  When the Supreme has been very clear, rights belong to the belligerent litigant.
[51:56.520 --> 52:00.520]  If you don't claim them, you waive them.
[52:00.520 --> 52:08.520]  So he threatened you with retaliation for exercising your statutory rights.
[52:08.520 --> 52:11.520]  Explain that to a grand jury, Bubba.
[52:11.520 --> 52:14.520]  Okay, now let's go to grand jury.
[52:14.520 --> 52:24.520]  In New York, what is the jurisdiction of a grand jury?
[52:24.520 --> 52:28.520]  Now let me back up and explain why I ask that that way.
[52:28.520 --> 52:34.520]  In Texas, a district judge impanels a grand jury.
[52:34.520 --> 52:38.520]  And that district judge has a venue restriction.
[52:38.520 --> 52:40.520]  Now he is a statewide judge.
[52:40.520 --> 52:45.520]  And in the old days, when there weren't a lot of judges, judges rode the circuit.
[52:45.520 --> 52:47.520]  So they had jurisdiction all over the state.
[52:47.520 --> 52:51.520]  But once we got more people and more judges, they restricted,
[52:51.520 --> 52:55.520]  the legislature restricted each judge to a venue.
[52:55.520 --> 53:04.520]  However, I find no similar venue restriction applying to a grand jury.
[53:04.520 --> 53:10.520]  A grand jury, while it's impaneled in a county, is a statewide office.
[53:10.520 --> 53:17.520]  I find nothing that restricts a grand jury from hearing any complaint
[53:17.520 --> 53:19.520]  from anywhere in the county.
[53:19.520 --> 53:27.520]  I find nothing that authorizes anyone to interfere with the grand jury.
[53:27.520 --> 53:36.520]  As a matter of fact, Scalia in Montgomery v. U.S. stated concerning grand juries
[53:36.520 --> 53:42.520]  that while a district judge consecrates a grand jury, once the grand jury is impaneled,
[53:42.520 --> 53:47.520]  it is essentially a fourth branch of government answering to no one.
[53:47.520 --> 53:52.520]  And that is the way it is in New York.
[53:52.520 --> 53:57.520]  So see if there's anything restricting the venue of a grand jury.
[53:57.520 --> 54:06.520]  What that means is you can take your complaint to any grand jury in the state.
[54:06.520 --> 54:14.520]  As a matter of fact, you can take it to every grand jury in the state.
[54:14.520 --> 54:22.520]  A no bill is not a bar to a subsequent notice.
[54:22.520 --> 54:31.520]  There was one question I had concerning that we talked about earlier.
[54:31.520 --> 54:38.520]  Who is the proper public official that I would take this notice for the grand jury to?
[54:38.520 --> 54:40.520]  You know, if there's going to be a grand jury impaneled,
[54:40.520 --> 54:44.520]  I'm going to be transferred to a court of record.
[54:44.520 --> 54:53.520]  Okay, that is a perfect question because a prosecutor is going to tell you it's the prosecutor.
[54:53.520 --> 54:58.520]  And when I look in the law, I don't find that.
[54:58.520 --> 55:06.520]  What I find is that a prosecuting attorney, when he's made known that a crime has been committed,
[55:06.520 --> 55:11.520]  that if the allegation is a misdemeanor,
[55:11.520 --> 55:19.520]  then he's to submit the complaint to the clerk of the county court.
[55:19.520 --> 55:26.520]  If the complaint is a felony, he is to submit it to the grand jury.
[55:26.520 --> 55:30.520]  He's to reduce the complaint to an information and submit it to the grand jury
[55:30.520 --> 55:36.520]  and submit the complaint to some magistrate.
[55:36.520 --> 55:42.520]  In every state I've looked at, all complaints are directed to some magistrate.
[55:42.520 --> 55:45.520]  Nothing directs a complaint to a police officer.
[55:45.520 --> 55:50.520]  Nothing directs a complaint to a prosecuting attorney.
[55:50.520 --> 55:57.520]  But realizing that prosecuting attorneys are often given notice of crime,
[55:57.520 --> 56:02.520]  they're required, when they're given notice, to send the complaint to a magistrate,
[56:02.520 --> 56:06.520]  reduce the complaint to an information, and submit that to the grand jury.
[56:06.520 --> 56:14.520]  A magistrate, when he holds an examining trial, is commanded by 17.30 Texas Code of Criminal Procedure
[56:14.520 --> 56:20.520]  to seal all the documents had in the hearing, cause his name to be written across the seal of the envelope,
[56:20.520 --> 56:22.520]  and forward it to the clerk of the court of jurisdiction.
[56:22.520 --> 56:30.520]  And this is very reasonable because a magistrate does not necessarily have to be a lawyer.
[56:30.520 --> 56:38.520]  So they want to preserve the evidence on which the determination of probable cause was made
[56:38.520 --> 56:43.520]  so that the magistrate is to seal all the documents, send it to the clerk of the court of jurisdiction.
[56:43.520 --> 56:49.520]  And in Texas it says, if it's a felony, the clerk shall keep all those papers safe
[56:49.520 --> 56:53.520]  and deliver them up to the next grand jury.
[56:53.520 --> 56:58.520]  So the prosecutor stands aside from the process.
[56:58.520 --> 57:01.520]  And this is because of the Archaic Law.
[57:01.520 --> 57:08.520]  Before prosecutors in 1865, I think it was, it created prosecutors, 63, 45, somewhere around there.
[57:08.520 --> 57:11.520]  Before that, there were no state prosecutors.
[57:11.520 --> 57:13.520]  You'd hire a lawyer to prosecute.
[57:13.520 --> 57:15.520]  So there wasn't a prosecutor in the mix.
[57:15.520 --> 57:20.520]  The complaint goes to the magistrate, the magistrate makes a determination of probable cause,
[57:20.520 --> 57:22.520]  sends it to the court of jurisdiction.
[57:22.520 --> 57:24.520]  There's no prosecutor involved.
[57:24.520 --> 57:28.520]  And I'm going to bet that's the way the law still reads in New York.
[57:28.520 --> 57:31.520]  The prosecutor got put in later.
[57:31.520 --> 57:35.520]  So there's nothing that directs a complaint to him.
[57:35.520 --> 57:38.520]  So screw him.
[57:38.520 --> 57:42.520]  I would present it then to the presiding judge.
[57:42.520 --> 57:50.520]  No, you put it in an envelope and mail it to the district attorney's address
[57:50.520 --> 57:53.520]  addressed to the foreman of the grand jury.
[57:53.520 --> 57:56.520]  Oh, okay.
[57:56.520 --> 58:03.520]  And then put a cover letter in the envelope asking the foreman to initial this document
[58:03.520 --> 58:05.520]  and return it to me.
[58:05.520 --> 58:10.520]  This is merely verification that you actually received this document
[58:10.520 --> 58:15.520]  because we have problems with prosecuting attorneys secreting complaints from grand juries.
[58:15.520 --> 58:21.520]  So please initial this and return it to me in the included stamp self-addressed envelope.
[58:21.520 --> 58:27.520]  When you don't receive that back within a reasonable time, say seven to ten days,
[58:27.520 --> 58:32.520]  you have reasonable probable cause to believe that the prosecuting attorney tampered
[58:32.520 --> 58:38.520]  with the U.S. mail and tampered with the government document by secreting it
[58:38.520 --> 58:41.520]  from the office it was directed to.
[58:41.520 --> 58:46.520]  Then you file another one with the foreman accusing the prosecuting attorney
[58:46.520 --> 58:49.520]  of secreting your forms.
[58:49.520 --> 58:53.520]  Would you like to make more definite progress in your walk with God?
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[59:33.520 --> 59:40.520]  call Bibles for America toll free at 888-551-0102.
[59:40.520 --> 59:44.520]  That's 888-551-0102.
[59:44.520 --> 59:49.520]  Or visit us online at bfa.org.
[59:49.520 --> 59:59.520]  Live free speech radio, logosradionetwork.com.
[59:59.520 --> 01:00:04.520]  The following use flash is brought to you by the Lone Star Lowdown,
[01:00:04.520 --> 01:00:07.520]  providing the jelly bulletins for the commodities market.
[01:00:07.520 --> 01:00:20.520]  Today in history, news updates, and the inside scoop into the tides of the alternatives.
[01:00:20.520 --> 01:00:28.520]  Markets for Wednesday, the 27th of April, 2016, are currently trading with gold at $1,244.98 an ounce,
[01:00:28.520 --> 01:00:33.520]  silver $17.20 an ounce, Texas crude $42.64 a barrel,
[01:00:33.520 --> 01:00:43.520]  and Bitcoin is currently at about 457 U.S. currency.
[01:00:43.520 --> 01:00:48.520]  Today in history, the year 1909, the Sultan of Turkey, Abdulhamid II,
[01:00:48.520 --> 01:00:54.520]  is overthrown by the Sultan's military countercoup, which was in response to the young Turks' coup.
[01:00:54.520 --> 01:01:06.520]  His brother, Rashad Effendi, was then proclaimed as Sultan Mehmed V, the fall of Abdulhamid II, today in history.
[01:01:06.520 --> 01:01:10.520]  In recent news, Dennis Hastert, former House Speaker, was sentenced to 15 months in prison
[01:01:10.520 --> 01:01:16.520]  in order to pay $250,000 today and two years of supervised release once he finished his prison term.
[01:01:16.520 --> 01:01:20.520]  The fine is for a victims' hush money case, which was uncovered by the FBI,
[01:01:20.520 --> 01:01:25.520]  where he was accused of sexually abusing young boys as a teacher in Illinois.
[01:01:25.520 --> 01:01:30.520]  Hastert did admit to Judge Thomas M. Durkin in open court that he abused at least one child.
[01:01:30.520 --> 01:01:35.520]  The primary accuser in a sexual abuse case, who had received $1.7 million from Hastert,
[01:01:35.520 --> 01:01:43.520]  has also sued Hastert for the remaining $1.8 million he was promised.
[01:01:43.520 --> 01:01:48.520]  The president of Venezuela, Nicolas Maduro, announced on his regular presidential broadcast
[01:01:48.520 --> 01:01:52.520]  that in a desperate attempt to save electricity, the public sector or government employees,
[01:01:52.520 --> 01:01:58.520]  who make up a third of the country's workforce, will work Monday and Tuesday and have the rest of the week off.
[01:01:58.520 --> 01:02:02.520]  This five-day weekend is being implemented in order to save as much electricity as possible.
[01:02:02.520 --> 01:02:05.520]  The shortage has resulted from a drought the country has been going through
[01:02:05.520 --> 01:02:08.520]  since Venezuela's electricity primarily comes from hydroelectric plants.
[01:02:08.520 --> 01:02:13.520]  They're banking on the rainy season, which is expected shortly, to save the country's electric shortage.
[01:02:13.520 --> 01:02:17.520]  Forced blackouts lasting four hours, at the minimum, have been imposed across much of the country,
[01:02:17.520 --> 01:02:22.520]  putting the country's scarce food supplies and restaurants and markets at risk of spoiling.
[01:02:22.520 --> 01:02:26.520]  For more than 12 hours after the declaration, rioters, as could be expected,
[01:02:26.520 --> 01:02:32.520]  went on a spree against businesses and even attacked the headquarters of the government's power company, Corpo Elec.
[01:02:32.520 --> 01:02:35.520]  A significant rainfall does not arrive within a few weeks.
[01:02:35.520 --> 01:02:38.520]  Much of Venezuela will be at risk of a near total blackout.
[01:02:38.520 --> 01:02:44.520]  Venezuela's economy is projected to shrink 8% this year, with inflation running at a whopping 720%,
[01:02:44.520 --> 01:02:49.520]  according to the International Monetary Fund. Though the effects of socialism on people are not funny,
[01:02:49.520 --> 01:02:53.520]  I can't help but ask what socialists used for light before they used candles.
[01:02:53.520 --> 01:02:55.520]  Apparently it was electricity.
[01:02:55.520 --> 01:03:19.520]  This was your Lowdown for April 27, 2016.
[01:03:19.520 --> 01:03:26.520]  Okay, we are back, Randy Kelton, Wheel of Law Radio, and we're talking to Joseph in New York,
[01:03:26.520 --> 01:03:31.520]  and we have spent an hour, but this is a great subject.
[01:03:31.520 --> 01:03:44.520]  This is the place where we're beginning to make great headway in taking back this country from our overzealous public officials.
[01:03:44.520 --> 01:03:55.520]  Okay, so this is a tactic for going after public officials with the grand jury.
[01:03:55.520 --> 01:03:58.520]  Now, there's one facet of this.
[01:03:58.520 --> 01:04:06.520]  You were denied due process, and that can be charged in the state or in the Fed.
[01:04:06.520 --> 01:04:12.520]  And the kind of rule of thumb is go after the Fed in the state and the state in the Fed.
[01:04:12.520 --> 01:04:19.520]  I'm about to file criminal charges against a federal district judge with the state grand jury
[01:04:19.520 --> 01:04:25.520]  because he committed a crime from the bench, and the federal courthouse is not a federal enclave.
[01:04:25.520 --> 01:04:30.520]  So, you know, like if the judge pulls out a pistol and shoots an attorney,
[01:04:30.520 --> 01:04:35.520]  he's prosecuted in the state, not in the Fed, because the state has jurisdiction.
[01:04:35.520 --> 01:04:45.520]  So, if you're in the state, you want a shot at the Fed, so due process gives you a shot at the Fed.
[01:04:45.520 --> 01:04:49.520]  This is all about politics.
[01:04:49.520 --> 01:04:54.520]  It's about getting people breathing down their necks.
[01:04:54.520 --> 01:05:03.520]  So, you make up a complaint about the due process denial, and you file that with the federal grand jury.
[01:05:03.520 --> 01:05:10.520]  Now, what's going to happen is the U.S. attorney is going to intercept it
[01:05:10.520 --> 01:05:17.520]  and use that same cover letter and run the same routine on the U.S. attorney.
[01:05:17.520 --> 01:05:24.520]  When you don't get the letter back from the foreman or you get a call from the U.S. attorney,
[01:05:24.520 --> 01:05:26.520]  he's likely to call you and say, what the heck is this?
[01:05:26.520 --> 01:05:29.520]  And you're going to say, who the heck are you? Why are you talking to me?
[01:05:29.520 --> 01:05:32.520]  You're not the grand jury foreman.
[01:05:32.520 --> 01:05:36.520]  And he's going to say, well, we received this. How did you receive it?
[01:05:36.520 --> 01:05:40.520]  It was sent through the mail to the foreman of the grand jury.
[01:05:40.520 --> 01:05:45.520]  What in the heck are you doing with that?
[01:05:45.520 --> 01:05:51.520]  They are not used to dealing with their masters.
[01:05:51.520 --> 01:06:00.520]  So, then you send a complaint the same way against the U.S. attorney.
[01:06:00.520 --> 01:06:11.520]  And you hope that you get intercepted by the FBI.
[01:06:11.520 --> 01:06:15.520]  You hope they send out FBI agents to talk to you.
[01:06:15.520 --> 01:06:20.520]  They did that to me once in the past, but only once.
[01:06:20.520 --> 01:06:22.520]  They don't do that anymore.
[01:06:22.520 --> 01:06:25.520]  Yet, they did not work out so good for them,
[01:06:25.520 --> 01:06:29.520]  because what the FBI agents will do is try to intimidate you.
[01:06:29.520 --> 01:06:37.520]  You hope that they tell you that trying to contact the grand jury foreman
[01:06:37.520 --> 01:06:41.520]  is jury tampering.
[01:06:41.520 --> 01:06:43.520]  Now, is that a fact?
[01:06:43.520 --> 01:06:45.520]  It's threatening me is witness tampering.
[01:06:45.520 --> 01:06:48.520]  Let's see how that works out for you, Bubba.
[01:06:48.520 --> 01:06:52.520]  Then you file against the agents and the U.S. attorney
[01:06:52.520 --> 01:06:59.520]  for conspiring with one another to tamper with the witness.
[01:06:59.520 --> 01:07:01.520]  Does it make sense?
[01:07:01.520 --> 01:07:02.520]  It worked.
[01:07:02.520 --> 01:07:05.520]  Well, you've obviously listened before, and you're obviously knowledgeable,
[01:07:05.520 --> 01:07:10.520]  so you kind of understand how the routine works.
[01:07:10.520 --> 01:07:11.520]  Yes.
[01:07:11.520 --> 01:07:14.520]  Okay, so we just start running it up the flagpole
[01:07:14.520 --> 01:07:17.520]  and get these guys jumping up and down.
[01:07:17.520 --> 01:07:22.520]  There's some lowly municipal judge down there in the bottom
[01:07:22.520 --> 01:07:26.520]  who's got all of these high-level officials really PO'd at him
[01:07:26.520 --> 01:07:33.520]  because he's sicked you on him.
[01:07:33.520 --> 01:07:35.520]  It's all about the politics.
[01:07:35.520 --> 01:07:39.520]  When I took my complaints in, I went to see the district attorney,
[01:07:39.520 --> 01:07:45.520]  and I said, Greg, instead of me going and approaching the bailiff,
[01:07:45.520 --> 01:07:48.520]  will you agree to just give these to the grand jury?
[01:07:48.520 --> 01:07:51.520]  He said, yes, Mr. Kelton, I'll do that.
[01:07:51.520 --> 01:07:56.520]  And I said, well, thank you for protecting me from the bailiff.
[01:07:56.520 --> 01:08:00.520]  He said, Mr. Kelton, I was not protecting you from the bailiff.
[01:08:00.520 --> 01:08:06.520]  I was protecting the bailiff from you.
[01:08:06.520 --> 01:08:09.520]  Oh, okay.
[01:08:09.520 --> 01:08:10.520]  And he was.
[01:08:10.520 --> 01:08:13.520]  He didn't want the bailiff doing anything stupid.
[01:08:13.520 --> 01:08:19.520]  And then get me to go after him because he certainly knew I would.
[01:08:19.520 --> 01:08:25.520]  You want these guys to think that that Joseph comes down here,
[01:08:25.520 --> 01:08:29.520]  and his only purpose is to try to get us to do something
[01:08:29.520 --> 01:08:34.520]  so he can run down and file criminal charges against us.
[01:08:34.520 --> 01:08:36.520]  And they're right.
[01:08:36.520 --> 01:08:39.520]  That's exactly why we should be there.
[01:08:39.520 --> 01:08:43.520]  And that's why I say never ask a public official to do anything
[01:08:43.520 --> 01:08:47.520]  you actually want him to do.
[01:08:47.520 --> 01:08:51.520]  He'd never ask him to do anything that the law does not specifically
[01:08:51.520 --> 01:08:58.520]  require him to do, and then don't give him legal advice.
[01:08:58.520 --> 01:09:01.520]  It's all about Bushwhack.
[01:09:01.520 --> 01:09:06.520]  And in these circumstances, Bushwhack is perfectly acceptable.
[01:09:06.520 --> 01:09:10.520]  If you try to give them legal advice and fair warning,
[01:09:10.520 --> 01:09:13.520]  they'll consider that a threat.
[01:09:13.520 --> 01:09:17.520]  So they get no fair warning.
[01:09:17.520 --> 01:09:18.520]  No.
[01:09:18.520 --> 01:09:22.520]  Yeah, they are expected to know the law.
[01:09:22.520 --> 01:09:26.520]  If they don't know the law, they're screwed.
[01:09:26.520 --> 01:09:29.520]  Screws for U.S.
[01:09:29.520 --> 01:09:34.520]  A private citizen may not claim ignorance of the law as a defense to prosecution.
[01:09:34.520 --> 01:09:38.520]  A public official is held to a much higher standard.
[01:09:38.520 --> 01:09:46.520]  If a public official violates a ruling of this court and he be saying,
[01:09:46.520 --> 01:09:52.520]  he may not be heard to say he knows not what he does.
[01:09:52.520 --> 01:09:57.520]  So you and I, we must go into the court and approach our public officials
[01:09:57.520 --> 01:10:03.520]  from the perspective that they know exactly what they're doing.
[01:10:03.520 --> 01:10:07.520]  If they're not insane, then they know exactly what they're doing.
[01:10:07.520 --> 01:10:11.520]  And if they do something wrong, it's inappropriate for me to tell them
[01:10:11.520 --> 01:10:15.520]  they already know.
[01:10:15.520 --> 01:10:18.520]  So I'm not going to tell them what they already know.
[01:10:18.520 --> 01:10:22.520]  It doesn't work out so good.
[01:10:22.520 --> 01:10:27.520]  It never works out if you try to be reasonable with these guys.
[01:10:27.520 --> 01:10:36.520]  No, they instantly use it against you in ways you can't imagine.
[01:10:36.520 --> 01:10:38.520]  You can't be civil.
[01:10:38.520 --> 01:10:40.520]  No.
[01:10:40.520 --> 01:10:41.520]  Civility.
[01:10:41.520 --> 01:10:45.520]  Civil, actually when I say civil, I mean civility.
[01:10:45.520 --> 01:10:48.520]  You can't exercise civility.
[01:10:48.520 --> 01:10:59.520]  Civil, when used in court, refers to a claim under a tort or cause of action.
[01:10:59.520 --> 01:11:04.520]  Criminal applies to a claim under a statutory violation.
[01:11:04.520 --> 01:11:10.520]  But when I say you can't act civil, then that goes to civility.
[01:11:10.520 --> 01:11:16.520]  And if you try to be civil with these guys, they use it against you every time.
[01:11:16.520 --> 01:11:18.520]  So we're the master.
[01:11:18.520 --> 01:11:20.520]  I invoke your duty.
[01:11:20.520 --> 01:11:22.520]  I just told a sheriff's deputy this the other day.
[01:11:22.520 --> 01:11:25.520]  He said, well, maybe the reason you're having all these problems, Mr.
[01:11:25.520 --> 01:11:27.520]  Kelton, is you're rude.
[01:11:27.520 --> 01:11:29.520]  I said, well, possibly.
[01:11:29.520 --> 01:11:31.520]  But here's how it works, Bubba.
[01:11:31.520 --> 01:11:32.520]  You're the servant.
[01:11:32.520 --> 01:11:33.520]  I'm the master.
[01:11:33.520 --> 01:11:34.520]  I invoke your duty.
[01:11:34.520 --> 01:11:36.520]  You do your duty.
[01:11:36.520 --> 01:11:40.520]  Like it, not like it, not relevant.
[01:11:40.520 --> 01:11:42.520]  He hung up on me.
[01:11:42.520 --> 01:11:44.520]  Oh, that was wonderful.
[01:11:44.520 --> 01:11:50.520]  That was so much fun to say to him.
[01:11:50.520 --> 01:11:52.520]  Anyway, that is a problem we have with this.
[01:11:52.520 --> 01:11:56.520]  It gets to be way too much fun.
[01:11:56.520 --> 01:12:00.520]  Well, yeah, actually, sometimes I think I get myself into more trouble because I
[01:12:00.520 --> 01:12:03.520]  enjoy myself too much.
[01:12:03.520 --> 01:12:05.520]  I'm hoping other people understand this.
[01:12:05.520 --> 01:12:11.520]  Joseph, do you find that when you start taking them on that they tend to
[01:12:11.520 --> 01:12:14.520]  retaliate against you?
[01:12:14.520 --> 01:12:15.520]  It depends.
[01:12:15.520 --> 01:12:19.520]  The real smart judges do the opposite.
[01:12:19.520 --> 01:12:21.520]  And this is what people need to understand.
[01:12:21.520 --> 01:12:23.520]  Judge is on the bottom.
[01:12:23.520 --> 01:12:30.520]  If you've got a municipal court judge, and he's a lawyer, most of them are,
[01:12:30.520 --> 01:12:34.520]  he's not the sharpest knife in the drawer.
[01:12:34.520 --> 01:12:36.520]  If he was, he'd be making the big bucks.
[01:12:36.520 --> 01:12:41.520]  He wouldn't be down here working on his off time being a municipal judge in a
[01:12:41.520 --> 01:12:44.520]  podunk city.
[01:12:44.520 --> 01:12:47.520]  So he doesn't start out to be the sharpest knife in the door, so don't expect
[01:12:47.520 --> 01:12:49.520]  too much from him.
[01:12:49.520 --> 01:12:58.520]  But as you move up the ladder, you get into judges who are professionals at
[01:12:58.520 --> 01:13:00.520]  what they're doing.
[01:13:00.520 --> 01:13:05.520]  They're elected into office, so they're very sensitive to public opinion.
[01:13:05.520 --> 01:13:12.520]  You will find they are far more civil, far more careful, and a lot smarter.
[01:13:12.520 --> 01:13:18.520]  When you come in and you pose a political threat, they recognize it very
[01:13:18.520 --> 01:13:19.520]  quickly.
[01:13:19.520 --> 01:13:25.520]  And when you come in deliberately setting them up, they recognize that
[01:13:25.520 --> 01:13:26.520]  very quickly as well.
[01:13:26.520 --> 01:13:30.520]  And they get really careful, really fast.
[01:13:30.520 --> 01:13:35.520]  You become Mr. Joseph, sir, really quick.
[01:13:35.520 --> 01:13:42.520]  And if you could ever get a bailiff to give you a hard time after you stung
[01:13:42.520 --> 01:13:48.520]  the judge, like I just stung the district judge, if I go to that courthouse
[01:13:48.520 --> 01:13:53.520]  and a bailiff gives me any problem, I'm going to accuse the district judge
[01:13:53.520 --> 01:13:58.520]  of sending this bailiff to retaliate against me.
[01:13:58.520 --> 01:14:02.520]  Oh, you talk about getting excited?
[01:14:02.520 --> 01:14:07.520]  I accused the deputy once who told me I couldn't have an open flame because
[01:14:07.520 --> 01:14:09.520]  we have a fire ban on.
[01:14:09.520 --> 01:14:11.520]  He was a new deputy.
[01:14:11.520 --> 01:14:13.520]  He didn't know who I was.
[01:14:13.520 --> 01:14:15.520]  I live right next to City Hall.
[01:14:15.520 --> 01:14:17.520]  And I said, you're kidding me, right?
[01:14:17.520 --> 01:14:20.520]  Oh, no, sir, you can't have that open flame.
[01:14:20.520 --> 01:14:22.520]  Wait a minute.
[01:14:22.520 --> 01:14:27.520]  That district judge, John Faustel, sent you down here to harass me, didn't he?
[01:14:27.520 --> 01:14:31.520]  Just because I filed one crummy little complaint against him with the attorney
[01:14:31.520 --> 01:14:33.520]  general, he sent you down here, didn't he?
[01:14:33.520 --> 01:14:38.520]  And this cop stepped back, held up both hands with his palms out.
[01:14:38.520 --> 01:14:43.520]  One moment, sir, takes out his cell phone dials.
[01:14:43.520 --> 01:14:46.520]  In about 30 seconds, Tom, the chief of police, stepped out of City Hall
[01:14:46.520 --> 01:14:48.520]  and looked over at us.
[01:14:48.520 --> 01:14:52.520]  Randy, what are you doing to my new officer?
[01:14:52.520 --> 01:14:57.520]  Oh, Tom, I was just jerking his chain.
[01:14:57.520 --> 01:15:05.520]  And the cop said, oh, God, I saw my whole career flash before my eyes.
[01:15:05.520 --> 01:15:09.520]  Because if one of these guys give you a hard time and you accuse the judge of
[01:15:09.520 --> 01:15:15.520]  doing it, perception is everything.
[01:15:15.520 --> 01:15:18.520]  Doesn't matter if he did it or not.
[01:15:18.520 --> 01:15:21.520]  It's going to stick to him and that judge.
[01:15:21.520 --> 01:15:26.520]  The best thing to accuse them of is something of which they were totally
[01:15:26.520 --> 01:15:28.520]  innocent.
[01:15:28.520 --> 01:15:38.520]  Because the judge, if he's innocent, will go ballistic.
[01:15:38.520 --> 01:15:40.520]  This is way too much for me.
[01:15:40.520 --> 01:15:43.520]  I've never tried that.
[01:15:43.520 --> 01:15:48.520]  You will find, you know, that's what people tend to be afraid that the police
[01:15:48.520 --> 01:15:50.520]  will retaliate against you.
[01:15:50.520 --> 01:15:55.520]  You pull, you get them on that one time, that'll end that stuff.
[01:15:55.520 --> 01:15:59.520]  The word will get out, leave that no good scoundrel alone.
[01:15:59.520 --> 01:16:04.520]  Four years later, I got pulled over one morning by a sheriff's deputy for
[01:16:04.520 --> 01:16:10.520]  doing 70 and a 60, pulling a big flatbed trailer with no plates on it.
[01:16:10.520 --> 01:16:15.520]  And he come back and gave me a warning, told me to slow down and get those
[01:16:15.520 --> 01:16:16.520]  plates fixed.
[01:16:16.520 --> 01:16:19.520]  The next day I walked in the convenience store across the street.
[01:16:19.520 --> 01:16:23.520]  Bobby Jack Cruz is in there and he always listens to his police scanner.
[01:16:23.520 --> 01:16:25.520]  What did you do to that sheriff's deputy yesterday?
[01:16:25.520 --> 01:16:26.520]  Why didn't you do anything to him?
[01:16:26.520 --> 01:16:27.520]  Why?
[01:16:27.520 --> 01:16:31.520]  Well, he called in your name and said you were doing 70 and you didn't have
[01:16:31.520 --> 01:16:33.520]  plates on that trailer.
[01:16:33.520 --> 01:16:37.520]  And the dispatcher said, don't you dare give that SOB no ticket.
[01:16:37.520 --> 01:16:42.520]  You get him out of there.
[01:16:42.520 --> 01:16:47.520]  If we can get a couple of guys in every county like you, Jimson, we'll
[01:16:47.520 --> 01:16:48.520]  change everything.
[01:16:48.520 --> 01:16:49.520]  Hang on, we're about to go to break.
[01:16:49.520 --> 01:16:51.520]  We'll try to finish this up on the other side.
[01:16:51.520 --> 01:16:52.520]  We have a bunch of callers.
[01:16:52.520 --> 01:16:53.520]  We want to get to everybody.
[01:16:53.520 --> 01:17:01.520]  But hang on, Joe, we'll be right back.
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[01:19:00.520 --> 01:19:20.520]  This is the Logos Radio Network.
[01:19:20.520 --> 01:19:21.520]  Okay, we are back.
[01:19:21.520 --> 01:19:23.520]  Randy Kelton, Rule of Law Radio.
[01:19:23.520 --> 01:19:26.520]  We're talking to Joseph in New York.
[01:19:26.520 --> 01:19:30.520]  Joseph, we've kind of worked over that subject, which is one of my favorite
[01:19:30.520 --> 01:19:31.520]  subjects of all.
[01:19:31.520 --> 01:19:36.520]  Is there anything else you need to ask that I haven't addressed?
[01:19:36.520 --> 01:19:43.520]  Well, and that pertaining to what we talked about today, the last time I called
[01:19:43.520 --> 01:19:46.520]  in we talked about property taxes, and you mentioned a fellow in New York
[01:19:46.520 --> 01:19:52.520]  State who had learned how to acquire, you know, the process, the proper process
[01:19:52.520 --> 01:19:53.520]  for it.
[01:19:53.520 --> 01:19:57.520]  Yes, he happens to be in jail now, but that's because he pulls some stupid
[01:19:57.520 --> 01:19:59.520]  stuff with a pistol.
[01:19:59.520 --> 01:20:01.520]  Had nothing to do with this process.
[01:20:01.520 --> 01:20:08.520]  What he does is he sends a letter to the tax assessor collector and asks the
[01:20:08.520 --> 01:20:14.520]  tax assessor collector if the state has any claim against his property.
[01:20:14.520 --> 01:20:17.520]  And if your taxes are all paid up and everything, he's going to say, you're
[01:20:17.520 --> 01:20:20.520]  going to get a letter back saying no.
[01:20:20.520 --> 01:20:28.520]  Then he sends another letter to the assessor asking him to place your property
[01:20:28.520 --> 01:20:31.520]  on the private rolls.
[01:20:31.520 --> 01:20:36.520]  Once they move it to the private rolls, you don't get taxed.
[01:20:36.520 --> 01:20:38.520]  Yes, yes.
[01:20:38.520 --> 01:20:44.520]  I believe we had, we were talking about having the contact with the fire
[01:20:44.520 --> 01:20:49.520]  department, the police department, and in New York State that's not the case.
[01:20:49.520 --> 01:20:55.520]  I believe the argument that was used had to do with the fact that on a farm, a
[01:20:55.520 --> 01:21:02.520]  farmer is allowed to take up to 110 acres and put it on the private rolls.
[01:21:02.520 --> 01:21:04.520]  He's only taxed up.
[01:21:04.520 --> 01:21:05.520]  Okay, wait, wait.
[01:21:05.520 --> 01:21:07.520]  Let me clarify.
[01:21:07.520 --> 01:21:12.520]  When I talked about getting outside the contract with the fire department and
[01:21:12.520 --> 01:21:19.520]  the police, that went to a land patent, and this is not going to either an
[01:21:19.520 --> 01:21:22.520]  alloidal title or a land patent.
[01:21:22.520 --> 01:21:28.520]  It's just moving and it doesn't rescind the title, at least the title in the
[01:21:28.520 --> 01:21:30.520]  record.
[01:21:30.520 --> 01:21:32.520]  It just moves you to the private rolls.
[01:21:32.520 --> 01:21:36.520]  Now, this was in New York, so I know that does it in New York, and I don't
[01:21:36.520 --> 01:21:43.520]  know if other states are similar because this guy never came across with
[01:21:43.520 --> 01:21:48.520]  statutory support for what he was doing, so I couldn't analyze it as to
[01:21:48.520 --> 01:21:52.520]  exactly how he was doing it, but this was a little bit different than the
[01:21:52.520 --> 01:21:56.520]  alloidal or land patent title.
[01:21:56.520 --> 01:21:58.520]  Yes, yes.
[01:21:58.520 --> 01:21:59.520]  Okay.
[01:21:59.520 --> 01:22:00.520]  Well, okay.
[01:22:00.520 --> 01:22:04.520]  We went over that, and I did take notes on that.
[01:22:04.520 --> 01:22:06.520]  So for now, I'm pretty good.
[01:22:06.520 --> 01:22:11.520]  I really think I should get out there and give these other folks a chance to,
[01:22:11.520 --> 01:22:17.520]  you know, get some help from them, and Jesus, it's been wonderful.
[01:22:17.520 --> 01:22:19.520]  You really helped me a lot.
[01:22:19.520 --> 01:22:20.520]  Good, good.
[01:22:20.520 --> 01:22:21.520]  Wonderful.
[01:22:21.520 --> 01:22:22.520]  Don't be a stranger.
[01:22:22.520 --> 01:22:27.520]  You are the reason I do this show.
[01:22:27.520 --> 01:22:32.520]  I need these other people out doing what I'm doing, and it's contagious.
[01:22:32.520 --> 01:22:39.520]  Once you realize that the scam they've been playing against you to try to keep
[01:22:39.520 --> 01:22:48.520]  you afraid of them, once you look behind the curtain, everything changes.
[01:22:48.520 --> 01:22:54.520]  So the more people I can infect with it, the more people I'll have like you
[01:22:54.520 --> 01:23:00.520]  out there infecting other people with it, and we can get control of our system
[01:23:00.520 --> 01:23:04.520]  back without having to completely revamp the system.
[01:23:04.520 --> 01:23:06.520]  We've got all the tools we need.
[01:23:06.520 --> 01:23:07.520]  We just need people using it.
[01:23:07.520 --> 01:23:08.520]  Yeah.
[01:23:08.520 --> 01:23:09.520]  Exactly.
[01:23:09.520 --> 01:23:13.520]  All the laws we need are there.
[01:23:13.520 --> 01:23:15.520]  And I have had some successes.
[01:23:15.520 --> 01:23:19.520]  I have taught some people things, and they've prevailed.
[01:23:19.520 --> 01:23:20.520]  And it's really surprising.
[01:23:20.520 --> 01:23:24.520]  You can never predict who's going to take it up.
[01:23:24.520 --> 01:23:28.520]  You know, I've had people come to me that I thought were just the most lazy,
[01:23:28.520 --> 01:23:31.520]  shufflest people in the world, and boy, they ate it up and really kicked
[01:23:31.520 --> 01:23:33.520]  butt when they went to court.
[01:23:33.520 --> 01:23:35.520]  So you just never know.
[01:23:35.520 --> 01:23:36.520]  Yeah.
[01:23:36.520 --> 01:23:38.520]  We just got to keep putting it out there.
[01:23:38.520 --> 01:23:39.520]  Okay.
[01:23:39.520 --> 01:23:41.520]  Thank you very much, Joseph.
[01:23:41.520 --> 01:23:46.520]  And keep us up to speed on how this works out for you.
[01:23:46.520 --> 01:23:48.520]  Will do.
[01:23:48.520 --> 01:23:49.520]  Okay.
[01:23:49.520 --> 01:23:50.520]  Thank you, Joseph.
[01:23:50.520 --> 01:23:52.520]  Now we're going to go to Scott in Texas.
[01:23:52.520 --> 01:23:57.520]  And Scott is another one that's pretty much doing what Joseph's doing.
[01:23:57.520 --> 01:23:59.520]  Hello.
[01:23:59.520 --> 01:24:00.520]  Okay.
[01:24:00.520 --> 01:24:01.520]  There you go.
[01:24:01.520 --> 01:24:02.520]  Hello, Scott.
[01:24:02.520 --> 01:24:03.520]  Hello, Randy.
[01:24:03.520 --> 01:24:04.520]  How are you?
[01:24:04.520 --> 01:24:06.520]  I am good.
[01:24:06.520 --> 01:24:07.520]  Okay.
[01:24:07.520 --> 01:24:11.520]  I understand you're getting ready to go to trial in Addison, Texas.
[01:24:11.520 --> 01:24:18.520]  Well, actually, it's going to be a hearing, motions hearing on discovery for the
[01:24:18.520 --> 01:24:22.520]  police video of them when they smashed out my window.
[01:24:22.520 --> 01:24:23.520]  Wait a minute.
[01:24:23.520 --> 01:24:30.520]  Has your challenge to subject matter jurisdiction been heard?
[01:24:30.520 --> 01:24:33.520]  No, I believe not.
[01:24:33.520 --> 01:24:36.520]  In fact, it was supposed to be that one.
[01:24:36.520 --> 01:24:41.520]  And then when I submitted for discovery, then they kicked it back.
[01:24:41.520 --> 01:24:44.520]  And then they said, this is going to be for discovery.
[01:24:44.520 --> 01:24:45.520]  Okay.
[01:24:45.520 --> 01:24:50.520]  They can't hold discovery until the court has proved up.
[01:24:50.520 --> 01:24:56.520]  They can't hold a motion of any kind until the court has proved up jurisdiction.
[01:24:56.520 --> 01:25:00.520]  Well, they obviously are running on they have jurisdiction.
[01:25:00.520 --> 01:25:01.520]  No, no.
[01:25:01.520 --> 01:25:07.520]  You have a motion before the court and you have a right to a ruling on that motion.
[01:25:07.520 --> 01:25:14.520]  Until there's a ruling, they don't have subject matter jurisdiction.
[01:25:14.520 --> 01:25:18.520]  So do I have to go in there and say I need to?
[01:25:18.520 --> 01:25:21.520]  Well, first off, I was going to go in there and challenge subject matter
[01:25:21.520 --> 01:25:22.520]  jurisdiction anyway.
[01:25:22.520 --> 01:25:27.520]  And there is a motion that should be in there that hasn't been heard.
[01:25:27.520 --> 01:25:29.520]  Here's how you do this.
[01:25:29.520 --> 01:25:35.520]  Your Honor, I am here at arm's length to the court.
[01:25:35.520 --> 01:25:41.520]  The court must prove subject matter jurisdiction before it can move ahead with
[01:25:41.520 --> 01:25:45.520]  any other actions in the case.
[01:25:45.520 --> 01:25:48.520]  So prove it up.
[01:25:48.520 --> 01:25:52.520]  And he may say, well, this is a discovery hearing.
[01:25:52.520 --> 01:25:56.520]  This can't be a discovery hearing because you haven't proven jurisdiction.
[01:25:56.520 --> 01:25:58.520]  I have challenged it.
[01:25:58.520 --> 01:26:04.520]  My challenge eliminated your subject matter jurisdiction until it's proven.
[01:26:04.520 --> 01:26:09.520]  If you attempt to perform any act in this case other than proving up subject
[01:26:09.520 --> 01:26:15.520]  matter jurisdiction, you'll be acting beyond scope.
[01:26:15.520 --> 01:26:20.520]  And if he is, in fact, a lawyer, he'll know exactly what that means.
[01:26:20.520 --> 01:26:27.520]  It means I get to sue you personally, Bubba.
[01:26:27.520 --> 01:26:30.520]  Yeah, he is a lawyer because I bargain him.
[01:26:30.520 --> 01:26:31.520]  Okay.
[01:26:31.520 --> 01:26:36.520]  So when you tell him you're here at arm's length to the court and demand that he
[01:26:36.520 --> 01:26:41.520]  prove up subject matter jurisdiction, not the opposing counsel.
[01:26:41.520 --> 01:26:44.520]  Opposing counsel doesn't have to prove up jurisdiction.
[01:26:44.520 --> 01:26:51.520]  Now, the opposing counsel can do that, but he's not the one responsible for
[01:26:51.520 --> 01:26:52.520]  proving jurisdiction.
[01:26:52.520 --> 01:26:55.520]  It's the judge who has to prove jurisdiction.
[01:26:55.520 --> 01:27:00.520]  This issue is between you and the judge.
[01:27:00.520 --> 01:27:07.520]  He don't prove it and acts as if he has it, now you get to sue him personally.
[01:27:07.520 --> 01:27:13.520]  So don't let them snooker you around.
[01:27:13.520 --> 01:27:15.520]  I once had a judge in a case.
[01:27:15.520 --> 01:27:17.520]  I was just talking to someone about this the other day.
[01:27:17.520 --> 01:27:22.520]  He went in and he had a demand for jury trial and the judge asked him a couple
[01:27:22.520 --> 01:27:24.520]  of questions.
[01:27:24.520 --> 01:27:27.520]  And the guy was pretty fiery.
[01:27:27.520 --> 01:27:33.520]  He got him talking and responding and answering the questions and went on and
[01:27:33.520 --> 01:27:35.520]  they threw his case out.
[01:27:35.520 --> 01:27:38.520]  There was a friend of mine that was against him and I was trying to help him
[01:27:38.520 --> 01:27:39.520]  out.
[01:27:39.520 --> 01:27:46.520]  We get outside and Bill said to his lawyer, I thought he asked for a jury
[01:27:46.520 --> 01:27:47.520]  trial.
[01:27:47.520 --> 01:27:52.520]  And the lawyer said, yeah, he did, but the judge screwed him like a tied goat.
[01:27:52.520 --> 01:28:00.520]  So the judge will screw you like a tied goat if he can.
[01:28:00.520 --> 01:28:02.520]  So don't let him.
[01:28:02.520 --> 01:28:03.520]  Agreed.
[01:28:03.520 --> 01:28:08.520]  Well, let's just say he whips out the motion and denies that and then he'll,
[01:28:08.520 --> 01:28:15.520]  you know, then I'll go ahead and say, well, you know, what about the discovery?
[01:28:15.520 --> 01:28:18.520]  And then he'll probably just deny that.
[01:28:18.520 --> 01:28:20.520]  And, you know, he's going to deny, deny everything.
[01:28:20.520 --> 01:28:24.520]  I'm not asking to recuse himself, you know, deny that.
[01:28:24.520 --> 01:28:27.520]  No, no, wait, wait.
[01:28:27.520 --> 01:28:30.520]  You can't get there.
[01:28:30.520 --> 01:28:39.520]  I suggest that when the judge, if, if judge doesn't hold a hearing on the
[01:28:39.520 --> 01:28:47.520]  challenge to subject matter jurisdiction, you walk from the court.
[01:28:47.520 --> 01:28:50.520]  You know what he's going to do with you.
[01:28:50.520 --> 01:28:54.520]  Now there's anyway, you're challenging subject matter jurisdiction.
[01:28:54.520 --> 01:29:00.520]  And when he bypasses it, you can't, you let the court know we can't go
[01:29:00.520 --> 01:29:01.520]  anywhere.
[01:29:01.520 --> 01:29:05.520]  We're done here and leave.
[01:29:05.520 --> 01:29:10.520]  That'll tense them up.
[01:29:10.520 --> 01:29:17.520]  Then, then they know you understand and you're not going to be led into
[01:29:17.520 --> 01:29:23.520]  bypassing the issue of jurisdiction.
[01:29:23.520 --> 01:29:29.520]  We don't, we don't go anywhere until you get over this hurdle.
[01:29:29.520 --> 01:29:34.520]  And, you know, if they hold a hearing and rules that they have jurisdiction,
[01:29:34.520 --> 01:29:35.520]  that's okay.
[01:29:35.520 --> 01:29:39.520]  Then you go on to the discovery.
[01:29:39.520 --> 01:29:42.520]  I'm about to go to break.
[01:29:42.520 --> 01:29:46.520]  But, okay, you force them to hold the hearing and then the lawyer on the
[01:29:46.520 --> 01:29:48.520]  other side screws up his argument.
[01:29:48.520 --> 01:29:50.520]  And then on appeal you get the clobbered.
[01:29:50.520 --> 01:29:51.520]  Good.
[01:29:51.520 --> 01:30:02.520]  Hey, Randy Kelton, Vet Pack, Wheel of Love Radio, we'll be right back.
[01:30:02.520 --> 01:30:04.520]  Get out a hat and sunglasses.
[01:30:04.520 --> 01:30:08.520]  In San Diego law enforcement agents are using video surveillance cameras
[01:30:08.520 --> 01:30:11.520]  and facial recognition to pick faces out of crowds.
[01:30:11.520 --> 01:30:15.520]  I'm Dr. Catherine Albrecht, back with details in a moment.
[01:30:15.520 --> 01:30:17.520]  Privacy is under attack.
[01:30:17.520 --> 01:30:21.520]  When you give up data about yourself, you'll never get it back again.
[01:30:21.520 --> 01:30:25.520]  And once your privacy is gone, you'll find your freedoms will start to
[01:30:25.520 --> 01:30:26.520]  vanish too.
[01:30:26.520 --> 01:30:27.520]  So protect your rights.
[01:30:27.520 --> 01:30:31.520]  Say no to surveillance and keep your information to yourself.
[01:30:31.520 --> 01:30:34.520]  Privacy, it's worth hanging on to.
[01:30:34.520 --> 01:30:38.520]  This message is brought to you by StartPage.com, the private search engine
[01:30:38.520 --> 01:30:41.520]  alternative to Google, Yahoo, and Bing.
[01:30:41.520 --> 01:30:45.520]  Start over with StartPage.
[01:30:45.520 --> 01:30:49.520]  Privacy-invading technologies are coming online faster than you can screen
[01:30:49.520 --> 01:30:54.520]  Big Brother, and one California company called FaceFirst tops my spooky list.
[01:30:54.520 --> 01:30:59.520]  FaceFirst has developed scanners that can sweep a crowd from 100 feet away to
[01:30:59.520 --> 01:31:02.520]  record every face and feed those images into a database.
[01:31:02.520 --> 01:31:05.520]  People are identified in under a second.
[01:31:05.520 --> 01:31:10.520]  Already deployed in Panama, FaceFirst is now being tested on San Diego
[01:31:10.520 --> 01:31:11.520]  streets.
[01:31:11.520 --> 01:31:16.520]  Imagine the feds, drones, marketers, and stalkers all scanning our faces and
[01:31:16.520 --> 01:31:19.520]  identifying us as we walk down the street.
[01:31:19.520 --> 01:31:22.520]  Yikes, I'm buying a floppy hat and some sunglasses.
[01:31:22.520 --> 01:31:27.520]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private
[01:31:27.520 --> 01:31:30.520]  search engine.
[01:31:30.520 --> 01:31:35.520]  This is Building 7, a 47-story skyscraper that fell on the afternoon of
[01:31:35.520 --> 01:31:36.520]  September 11.
[01:31:36.520 --> 01:31:38.520]  The government says that fire brought it down.
[01:31:38.520 --> 01:31:42.520]  However, 1,500 architects and engineers have concluded it was a controlled
[01:31:42.520 --> 01:31:43.520]  demolition.
[01:31:43.520 --> 01:31:46.520]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.520 --> 01:31:48.520]  Thousands of my fellow first responders are dying.
[01:31:48.520 --> 01:31:50.520]  I'm not a conspiracy theorist.
[01:31:50.520 --> 01:31:51.520]  I'm a structural engineer.
[01:31:51.520 --> 01:31:52.520]  I'm a New York City correction officer.
[01:31:52.520 --> 01:31:53.520]  I'm an Air Force pilot.
[01:31:53.520 --> 01:31:55.520]  I'm a father who lost his son.
[01:31:55.520 --> 01:31:57.520]  We're Americans, and we deserve the truth.
[01:31:57.520 --> 01:32:00.520]  Go to RememberBuilding7.org today.
[01:32:27.520 --> 01:32:30.520]  You can trust Hill Country Home Improvements to handle your claim and your
[01:32:30.520 --> 01:32:32.520]  roof right the first time.
[01:32:32.520 --> 01:32:38.520]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.520 --> 01:32:42.520]  Mention the crypto show and get $100 off, and we'll donate another $100 to
[01:32:42.520 --> 01:32:45.520]  the Logos Radio Network to help continue this programming.
[01:32:45.520 --> 01:32:50.520]  So if those out of town roofers come knocking, your door should be locking.
[01:32:50.520 --> 01:32:56.520]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.520 --> 01:32:59.520]  Discounts are based on full roof replacement.
[01:32:59.520 --> 01:33:01.520]  May not actually be kidding about chemtrails.
[01:33:01.520 --> 01:33:04.520]  Looking for some truth?
[01:33:04.520 --> 01:33:06.520]  You found it.
[01:33:06.520 --> 01:33:35.520]  Logosradionetwork.com.
[01:33:36.520 --> 01:33:48.520]  OK, we are back to Brenda Kelton from the Rudelaw Radio, and we're talking to
[01:33:48.520 --> 01:33:51.520]  Scott in Texas.
[01:33:51.520 --> 01:33:53.520]  OK, Scott.
[01:33:53.520 --> 01:33:59.520]  We were talking about posture.
[01:33:59.520 --> 01:34:01.520]  So what do you think?
[01:34:01.520 --> 01:34:04.520]  Does what I said make sense?
[01:34:04.520 --> 01:34:06.520]  Yeah, no, that makes good sense.
[01:34:06.520 --> 01:34:10.520]  The only reason I was going to ask for the judge to re-recuse is because I filed
[01:34:10.520 --> 01:34:17.520]  criminal complaints on the judge, and I hadn't taken them to the actual sergeant
[01:34:17.520 --> 01:34:21.520]  of that courthouse of the police station.
[01:34:21.520 --> 01:34:25.520]  And he refused to take them, so now I filed a criminal complaint against the
[01:34:25.520 --> 01:34:31.520]  sergeant for failure to report a felony and obstruction to the judge.
[01:34:31.520 --> 01:34:34.520]  So the judge already has that stuff sitting on his desk.
[01:34:34.520 --> 01:34:38.520]  He has a criminal complaint against his sergeant because the sergeant wouldn't
[01:34:38.520 --> 01:34:43.520]  take the criminal complaint against him.
[01:34:43.520 --> 01:34:46.520]  You're enjoying this way too much.
[01:34:46.520 --> 01:34:48.520]  That's perfect.
[01:34:48.520 --> 01:34:52.520]  Yeah, that's why I was going to say he needs to recuse himself.
[01:34:52.520 --> 01:35:02.520]  OK, this is about the point, the keeping track of exactly where we are.
[01:35:02.520 --> 01:35:08.520]  It's inappropriate to ask him to recuse himself because he hasn't established
[01:35:08.520 --> 01:35:12.520]  that he is a proper judge in the case.
[01:35:12.520 --> 01:35:18.520]  So you stand on the subject matter jurisdiction challenge, and as soon as he
[01:35:18.520 --> 01:35:24.520]  makes a decision on that, then you move to recuse.
[01:35:24.520 --> 01:35:26.520]  That's where I was going.
[01:35:26.520 --> 01:35:28.520]  Oh, OK.
[01:35:28.520 --> 01:35:34.520]  The first thing was I was going to say I want this whole case dismissed.
[01:35:34.520 --> 01:35:37.520]  Naturally he's going to say no.
[01:35:37.520 --> 01:35:41.520]  First challenge, subject matter jurisdiction.
[01:35:41.520 --> 01:35:43.520]  OK, hang on, hang on.
[01:35:43.520 --> 01:35:50.520]  You can't ask him to dismiss the case because he has no subject matter
[01:35:50.520 --> 01:35:55.520]  jurisdiction, he can't make a determination.
[01:35:55.520 --> 01:35:58.520]  I'm sorry, you're right, he can dismiss.
[01:35:58.520 --> 01:36:03.520]  There's two things he can do.
[01:36:03.520 --> 01:36:09.520]  Without subject matter jurisdiction, he can't make any kind of ruling concerning
[01:36:09.520 --> 01:36:13.520]  the adjudication of the case other than to dismiss for lack of subject matter
[01:36:13.520 --> 01:36:15.520]  jurisdiction.
[01:36:15.520 --> 01:36:17.520]  Bingo.
[01:36:17.520 --> 01:36:23.520]  That's all he can do, and you're right, you can ask him to dismiss the case.
[01:36:23.520 --> 01:36:29.520]  And then you're not invoking his jurisdiction by asking him to do that.
[01:36:29.520 --> 01:36:33.520]  You're not asking him to exercise any discretion because you're claiming he
[01:36:33.520 --> 01:36:38.520]  doesn't have anything else, then go straight to recusal.
[01:36:38.520 --> 01:36:43.520]  That ought to tense him up good.
[01:36:43.520 --> 01:36:49.520]  He recognizes it when you're walking right down the code with him.
[01:36:49.520 --> 01:36:53.520]  He's a lawyer, he knows he's going to try to pretend like you don't know what
[01:36:53.520 --> 01:36:58.520]  you're doing, but we don't care what he pretends.
[01:36:58.520 --> 01:37:03.520]  This is good, you and Joe are doing good.
[01:37:03.520 --> 01:37:08.520]  You're my mentor, so that's okay.
[01:37:08.520 --> 01:37:11.520]  I've got plenty of other things going too.
[01:37:11.520 --> 01:37:17.520]  I've got plenty of irons in the fire, so we'll just leave it with that for this
[01:37:17.520 --> 01:37:20.520]  evening because let some other callers get on.
[01:37:20.520 --> 01:37:24.520]  So anyhow, I will give you a holler Monday or so.
[01:37:24.520 --> 01:37:26.520]  Okay, thank you, Scott.
[01:37:26.520 --> 01:37:30.520]  Okay, now we're going to go to Jacob in Texas.
[01:37:30.520 --> 01:37:33.520]  Hello, Jacob.
[01:37:33.520 --> 01:37:34.520]  Hello.
[01:37:34.520 --> 01:37:35.520]  Hello.
[01:37:35.520 --> 01:37:39.520]  What do you have for us today?
[01:37:39.520 --> 01:37:41.520]  Hey, Randy.
[01:37:41.520 --> 01:37:45.520]  So I really got in touch.
[01:37:45.520 --> 01:37:46.520]  Hold on, hold on.
[01:37:46.520 --> 01:37:50.520]  We're getting some serious distortion here.
[01:37:50.520 --> 01:37:55.520]  Can you move the mic just down by your chin, just out from in front of your
[01:37:55.520 --> 01:37:56.520]  mouth?
[01:37:56.520 --> 01:37:58.520]  Is that better?
[01:37:58.520 --> 01:37:59.520]  That's better.
[01:37:59.520 --> 01:38:00.520]  Okay.
[01:38:00.520 --> 01:38:03.520]  Yeah, that's better.
[01:38:03.520 --> 01:38:11.520]  So I just think I have a traffic test, and I'm pretty good at this.
[01:38:11.520 --> 01:38:12.520]  Okay.
[01:38:12.520 --> 01:38:13.520]  I am sorry, Jacob.
[01:38:13.520 --> 01:38:17.520]  We're having some serious technical difficulties here.
[01:38:17.520 --> 01:38:24.520]  Are you on something like a satellite internet?
[01:38:24.520 --> 01:38:28.520]  You seem to be getting latency.
[01:38:28.520 --> 01:38:30.520]  I have a cellular cell phone.
[01:38:30.520 --> 01:38:32.520]  Hold on one second.
[01:38:32.520 --> 01:38:35.520]  Then you might hang up and try calling back in.
[01:38:35.520 --> 01:38:38.520]  What we're getting is the second half of your words.
[01:38:38.520 --> 01:38:39.520]  We're losing the first half.
[01:38:39.520 --> 01:38:40.520]  Is that better?
[01:38:40.520 --> 01:38:41.520]  Is that better?
[01:38:41.520 --> 01:38:44.520]  That sounds a little better, yes.
[01:38:44.520 --> 01:38:45.520]  Okay, yeah.
[01:38:45.520 --> 01:38:48.520]  I had my Wi-Fi on my phone, so that's probably what it was.
[01:38:48.520 --> 01:38:49.520]  Okay, good.
[01:38:49.520 --> 01:38:52.520]  That's better.
[01:38:52.520 --> 01:39:00.520]  So I recently got a traffic ticket, and I just recently got a song that you guys do
[01:39:00.520 --> 01:39:07.520]  in the blah-blah radio, and I was really kind of flying blind in this.
[01:39:07.520 --> 01:39:13.520]  I got a couple of, like, notions of ways to go about it, but the first thing I wanted
[01:39:13.520 --> 01:39:19.520]  to ask you, so I have a ticket for me, and right off the bat, obviously, some of the
[01:39:19.520 --> 01:39:22.520]  transportation code, and I was just traveling.
[01:39:22.520 --> 01:39:26.520]  It's for an expired registration, which, I mean, I don't believe I should have to register
[01:39:26.520 --> 01:39:29.520]  my vehicle for personal usage.
[01:39:29.520 --> 01:39:33.520]  Even right off the bat, even before that, on the ticket itself, there's a violation
[01:39:33.520 --> 01:39:41.520]  time, which was well before the time of when I was pulled over, because at the time stamp
[01:39:41.520 --> 01:39:46.520]  on the ticket itself, I hadn't even left my house at the time.
[01:39:46.520 --> 01:39:56.520]  So, ideally, isn't that, I think, from the record, that doesn't matter?
[01:39:56.520 --> 01:39:58.520]  Okay, hold on.
[01:39:58.520 --> 01:40:05.520]  On a complaint, there is one thing that is sudden death.
[01:40:05.520 --> 01:40:16.520]  If you file the complaint before, okay, before the actual crime was committed.
[01:40:16.520 --> 01:40:22.520]  So, he has a time on here that's before the crime was actually committed.
[01:40:22.520 --> 01:40:25.520]  Well, let's put time in quotes, but yeah.
[01:40:25.520 --> 01:40:26.520]  Yeah.
[01:40:26.520 --> 01:40:29.520]  So, you can claim that this is sudden death.
[01:40:29.520 --> 01:40:34.520]  This is not something that can be repaired.
[01:40:34.520 --> 01:40:39.520]  Other minor errors on a citation can be repaired.
[01:40:39.520 --> 01:40:47.520]  But the wrong time and date on it can't be fixed.
[01:40:47.520 --> 01:40:53.520]  He's accusing you of committing a crime when you haven't even left your house yet.
[01:40:53.520 --> 01:40:56.520]  And you claim that can't be fixed.
[01:40:56.520 --> 01:40:58.520]  This has to be dismissed.
[01:40:58.520 --> 01:41:04.520]  Now, he can refile the citation with the correct time on it.
[01:41:04.520 --> 01:41:06.520]  But odds are he won't.
[01:41:06.520 --> 01:41:07.520]  Anyway, go ahead.
[01:41:07.520 --> 01:41:10.520]  That was, that's one argument you can make.
[01:41:10.520 --> 01:41:11.520]  Okay.
[01:41:11.520 --> 01:41:21.520]  And so, the actual appearance is not for a couple, or not for more, a week or so.
[01:41:21.520 --> 01:41:22.520]  Wait a minute.
[01:41:22.520 --> 01:41:25.520]  I'm still getting horrible distortion.
[01:41:25.520 --> 01:41:28.520]  It might have just, is that better?
[01:41:28.520 --> 01:41:30.520]  Yeah, move the mic away from your mouth.
[01:41:30.520 --> 01:41:35.520]  What it sounds like is happening is you're overpowering the mic,
[01:41:35.520 --> 01:41:38.520]  and when you do that it shuts off until the power,
[01:41:38.520 --> 01:41:42.520]  until the level comes back down where it can operate.
[01:41:42.520 --> 01:41:46.520]  So, it shuts off the first half of the word.
[01:41:46.520 --> 01:41:48.520]  So, just back it away from your mouth a little bit.
[01:41:48.520 --> 01:41:49.520]  Try that.
[01:41:49.520 --> 01:41:50.520]  Okay.
[01:41:50.520 --> 01:41:53.520]  Okay.
[01:41:53.520 --> 01:41:58.520]  I have a couple more weeks before I have to appear,
[01:41:58.520 --> 01:42:03.520]  and obviously they want a pleading of guilty or not guilty or no contest.
[01:42:03.520 --> 01:42:07.520]  And I'm still under the impression that I didn't actually break any law,
[01:42:07.520 --> 01:42:11.520]  but even if I pled not guilty, I'd be still kind of,
[01:42:11.520 --> 01:42:16.520]  I'd be kind of saying I'm not guilty of this crime that I didn't even commit to.
[01:42:16.520 --> 01:42:21.520]  So, really my question, I guess, would be how would I go about this?
[01:42:21.520 --> 01:42:26.520]  Just file a motion for, I guess, what is the...
[01:42:26.520 --> 01:42:28.520]  Okay, hold on, hold on.
[01:42:28.520 --> 01:42:39.520]  What, okay, what, was this charged in a municipality or a county by chair's deputy?
[01:42:39.520 --> 01:42:47.520]  It was by an APD officer in Texas under a municipal system.
[01:42:47.520 --> 01:42:51.520]  Okay, so it's a municipal entity.
[01:42:51.520 --> 01:42:52.520]  Okay.
[01:42:52.520 --> 01:42:55.520]  Yeah.
[01:42:55.520 --> 01:43:00.520]  How big, okay, there is a limitation zone.
[01:43:00.520 --> 01:43:03.520]  How big is the municipal, what city is it?
[01:43:03.520 --> 01:43:05.520]  Austin.
[01:43:05.520 --> 01:43:07.520]  Austin, okay.
[01:43:07.520 --> 01:43:08.520]  Yeah.
[01:43:08.520 --> 01:43:16.520]  You need to send me an email, and I'll send you a document I made up for Scott.
[01:43:16.520 --> 01:43:20.520]  That was on just before you for Addison, Texas.
[01:43:20.520 --> 01:43:21.520]  Okay.
[01:43:21.520 --> 01:43:24.520]  But in that challenge to subject matter jurisdiction,
[01:43:24.520 --> 01:43:32.520]  I list all of the statutory conditions that must be met in order for an officer
[01:43:32.520 --> 01:43:38.520]  to be able to enforce the traffic code or the transportation code.
[01:43:38.520 --> 01:43:39.520]  Okay.
[01:43:39.520 --> 01:43:41.520]  And then you can compare that to Austin.
[01:43:41.520 --> 01:43:46.520]  I don't think Austin meets the requirements.
[01:43:46.520 --> 01:43:47.520]  Okay.
[01:43:47.520 --> 01:43:48.520]  Okay.
[01:43:48.520 --> 01:43:50.520]  Hang on, about to go to break.
[01:43:50.520 --> 01:43:59.520]  Randy Kelton, Vet Pac, Rue La Radio, we'll be right back.
[01:43:59.520 --> 01:44:03.520]  You feel tired when talking about important topics like money and politics?
[01:44:03.520 --> 01:44:04.520]  Sorry.
[01:44:04.520 --> 01:44:07.520]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.520 --> 01:44:08.520]  What?
[01:44:08.520 --> 01:44:12.520]  No, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.520 --> 01:44:16.520]  Hi, my name is Steve Holt, and like millions of other Americans,
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[01:44:22.520 --> 01:44:25.520]  is found in almost every home in America, the television.
[01:44:25.520 --> 01:44:29.520]  Unfortunately, that puts most Americans at risk of catching stupidity,
[01:44:29.520 --> 01:44:30.520]  but there is hope.
[01:44:30.520 --> 01:44:32.520]  The staff at Brave New Books have helped me
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[01:44:39.520 --> 01:44:43.520]  and watching educational documentaries without feeling tired or uninterested.
[01:44:43.520 --> 01:44:46.520]  So if you or anybody you know suffers from stupidity,
[01:44:46.520 --> 01:44:52.520]  then you need to call 512-480-2503 or visit them in 1904,
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[01:44:57.520 --> 01:45:01.520]  and enlarged vocabulary and an overall increase in mental functioning.
[01:45:01.520 --> 01:45:04.520]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:27.520 --> 01:46:31.520]  Okay.
[01:46:31.520 --> 01:46:32.520]  We are back.
[01:46:32.520 --> 01:46:39.520]  Randy Kelton is at PAC, Radio, and we're talking to Jacob in Texas.
[01:46:39.520 --> 01:46:42.520]  Okay, Jacob.
[01:46:42.520 --> 01:46:45.520]  Yeah.
[01:46:45.520 --> 01:46:46.520]  Okay.
[01:46:46.520 --> 01:46:52.520]  So you just want me to tell Bill to bring the mic up?
[01:46:52.520 --> 01:46:53.520]  Wait.
[01:46:53.520 --> 01:46:54.520]  You need to move the mic away.
[01:46:54.520 --> 01:46:57.520]  I'm having terrible time understanding.
[01:46:57.520 --> 01:46:59.520]  It's reception in my area.
[01:46:59.520 --> 01:47:06.520]  It might be my microphone placement.
[01:47:06.520 --> 01:47:08.520]  Well, this should have a bad signal.
[01:47:08.520 --> 01:47:10.520]  I can hopefully...
[01:47:10.520 --> 01:47:11.520]  Wait a minute, Jacob.
[01:47:11.520 --> 01:47:13.520]  The sound is worse than before.
[01:47:13.520 --> 01:47:15.520]  We can't understand you.
[01:47:15.520 --> 01:47:20.520]  You might try hanging up and calling back from a different location.
[01:47:20.520 --> 01:47:21.520]  Yeah.
[01:47:21.520 --> 01:47:24.520]  I'll just send you an email.
[01:47:24.520 --> 01:47:27.520]  Hopefully that will get through.
[01:47:27.520 --> 01:47:29.520]  Okay.
[01:47:29.520 --> 01:47:30.520]  Try from a different location.
[01:47:30.520 --> 01:47:32.520]  Maybe we'll be able to hear you.
[01:47:32.520 --> 01:47:35.520]  I'll bump you up to the top when you call back in.
[01:47:35.520 --> 01:47:36.520]  Yeah.
[01:47:36.520 --> 01:47:37.520]  Okay.
[01:47:37.520 --> 01:47:38.520]  Okay.
[01:47:38.520 --> 01:47:39.520]  Thank you, Jacob.
[01:47:39.520 --> 01:47:40.520]  Okay.
[01:47:40.520 --> 01:47:44.520]  Now we're going to go to Mark in Louisiana.
[01:47:44.520 --> 01:47:46.520]  Hello, Mark.
[01:47:46.520 --> 01:47:47.520]  Hello, Randy.
[01:47:47.520 --> 01:47:48.520]  How are you tonight?
[01:47:48.520 --> 01:47:49.520]  I am good.
[01:47:49.520 --> 01:47:53.520]  What do you have for us today?
[01:47:53.520 --> 01:47:55.520]  Can you hear me okay?
[01:47:55.520 --> 01:47:57.520]  Yes, I can.
[01:47:57.520 --> 01:47:58.520]  Good.
[01:47:58.520 --> 01:48:06.520]  I had a little issue concerning mortgages and escrow.
[01:48:06.520 --> 01:48:10.520]  A few years ago, my wife and I bought this house, about 50 grand.
[01:48:10.520 --> 01:48:17.520]  And we made sure we had fixed rates so they couldn't jack with that.
[01:48:17.520 --> 01:48:19.520]  No balloon payments to us.
[01:48:19.520 --> 01:48:21.520]  They couldn't play with us there.
[01:48:21.520 --> 01:48:26.520]  So what they've been doing is they've been, every so often they'll say that our escrow is
[01:48:26.520 --> 01:48:32.520]  shorted, so they've got to bump our payments up to meet the shortfall.
[01:48:32.520 --> 01:48:39.520]  And it's going from like a little over $400 a month up to the newest payments will be like $572.
[01:48:39.520 --> 01:48:40.520]  Okay.
[01:48:40.520 --> 01:48:45.520]  Have you filed a qualified written request?
[01:48:45.520 --> 01:48:47.520]  No, I haven't.
[01:48:47.520 --> 01:48:53.520]  This is, you know, this last deal we got, it had been going for a while, pretty steady.
[01:48:53.520 --> 01:48:59.520]  All of a sudden we got this last one here last week, and I thought I'd call in and maybe get some options.
[01:48:59.520 --> 01:49:05.520]  I was listening to some of your archives and stuff, and I got a rough idea of how you work things,
[01:49:05.520 --> 01:49:11.520]  but I wanted to get some options, you know, to see what I can do with this.
[01:49:11.520 --> 01:49:28.520]  Okay. You have a note, and on that note you agreed to pay a specified principal at a fixed interest rate.
[01:49:28.520 --> 01:49:37.520]  And that specified principal at a fixed interest rate over a given period calculates to an amount that is
[01:49:37.520 --> 01:49:41.520]  indicated on your note.
[01:49:41.520 --> 01:49:49.520]  Now, you need to get a complete accounting of all the payments.
[01:49:49.520 --> 01:49:58.520]  And then you want an escrow accounting of all of the amounts paid by the escrow company
[01:49:58.520 --> 01:50:06.520]  and all of the documentation in terms of billing and invoicing in support of those escrow payments.
[01:50:06.520 --> 01:50:09.520]  You are in Louisiana.
[01:50:09.520 --> 01:50:15.520]  I'm not sure about which, where the law is in Louisiana.
[01:50:15.520 --> 01:50:22.520]  Louisiana is different than all the other states in that Louisiana is based on French law.
[01:50:22.520 --> 01:50:28.520]  So I'm not sure if you have pre-litigation discovery.
[01:50:28.520 --> 01:50:36.520]  Look up pre-litigation discovery in Louisiana.
[01:50:36.520 --> 01:50:42.520]  Okay. This is, most of the states have this in one form or another.
[01:50:42.520 --> 01:50:49.520]  And in all but Texas, Texas allows relatively extensive pre-litigation discovery.
[01:50:49.520 --> 01:51:00.520]  Most of the other states reflect the federal pre-litigation discovery statute, and it allows you to do depositions.
[01:51:00.520 --> 01:51:09.520]  So you want to look at deposing the escrow agent.
[01:51:09.520 --> 01:51:25.520]  You want him to come to a deposition, bringing a complete validation of every debt assigned to this mortgage
[01:51:25.520 --> 01:51:31.520]  so that you can depose him and do a proper accounting of the mortgage.
[01:51:31.520 --> 01:51:40.520]  That will get these guys hopping up and down because escrow is probably one of the most fertile fields for fraud.
[01:51:40.520 --> 01:51:47.520]  Yeah, they claim that our insurance, and the insurance has gone up some,
[01:51:47.520 --> 01:51:54.520]  but when they say there's like a 600 and some odd dollar shortage,
[01:51:54.520 --> 01:51:59.520]  and here just, I guess it's sometime last year, they were claiming over $400.
[01:51:59.520 --> 01:52:04.520]  Okay, hold on. What kind of insurance are we talking about here?
[01:52:04.520 --> 01:52:11.520]  Well, it's all the homeowners insurance. I think that includes the flood and all that.
[01:52:11.520 --> 01:52:17.520]  Okay. Okay. Homeowners insurance as opposed to mortgage insurance.
[01:52:17.520 --> 01:52:21.520]  Well, we have that too, which I'm not really sure about. That doesn't...
[01:52:21.520 --> 01:52:29.520]  If you're paying for it, you want to see the policies.
[01:52:29.520 --> 01:52:34.520]  Do you have the homeowners insurance policy?
[01:52:34.520 --> 01:52:41.520]  Yeah, well, I think we got that. My wife's got all the paperwork on that. I think it goes to USAA.
[01:52:41.520 --> 01:52:50.520]  Okay. Okay. You need to see the policy, and if it goes to USAA, send USAA an accounting.
[01:52:50.520 --> 01:52:58.520]  Now, USAA, as insurance companies go, is one of the better ones.
[01:52:58.520 --> 01:53:09.520]  Ask them for a complete accounting of everything that's been charged toward this particular property,
[01:53:09.520 --> 01:53:20.520]  and then compare that to what your servicer is claiming you owe.
[01:53:20.520 --> 01:53:26.520]  If it don't match, now you have reasonable probable cause to make a claim against them.
[01:53:26.520 --> 01:53:31.520]  So you send them a tort letter or a qualified written request.
[01:53:31.520 --> 01:53:43.520]  A qualified written request is a document claiming an accounting error and a request that they correct the error.
[01:53:43.520 --> 01:53:50.520]  Now, if your servicer hasn't changed within 30 days, you can't file a...
[01:53:50.520 --> 01:54:04.520]  The lender is not obligated under the Reset Settlement Procedures Act, but under normal contract law,
[01:54:04.520 --> 01:54:08.520]  he is still obligated to give you an accounting.
[01:54:08.520 --> 01:54:14.520]  If he fails to give you accounting, that creates reasonable probable cause that you're being defrauded
[01:54:14.520 --> 01:54:19.520]  and gives you grounds to take action against him, in which case, if he doesn't respond,
[01:54:19.520 --> 01:54:23.520]  you send him a tort letter claiming that all these excess fees are fraudulent
[01:54:23.520 --> 01:54:29.520]  and there are to tender all of those excess fees back to you.
[01:54:29.520 --> 01:54:34.520]  Now, these fees, this is the one you're talking about that you find on your HUB 1 settlement statement,
[01:54:34.520 --> 01:54:35.520]  all the...
[01:54:35.520 --> 01:54:40.520]  Are you closing these or are you talking about the fees involved in the escrow?
[01:54:40.520 --> 01:54:47.520]  Now, here you were specifically talking about the changes in the amounts they're charging.
[01:54:47.520 --> 01:54:52.520]  Okay. Okay, those are the things I thought you were talking about. Okay.
[01:54:52.520 --> 01:55:01.520]  So you want validation of the amounts that are being charged. You want to see invoices.
[01:55:01.520 --> 01:55:02.520]  Right.
[01:55:02.520 --> 01:55:07.520]  And I almost guarantee you, they're not going to have invoices.
[01:55:07.520 --> 01:55:09.520]  I would be willing to bet you two.
[01:55:09.520 --> 01:55:21.520]  And if they don't provide the invoices, then you send them a notice of tort that you have overcharged me in this amount.
[01:55:21.520 --> 01:55:30.520]  And you need to run an accounting. You run an amortization.
[01:55:30.520 --> 01:55:36.520]  You can go online and download an amortization that is in spreadsheet format
[01:55:36.520 --> 01:55:42.520]  that will show you every payment and how much is your principal and interest for every payment.
[01:55:42.520 --> 01:55:50.520]  So you put into that the original amounts that you agreed to pay.
[01:55:50.520 --> 01:55:53.520]  And it'll calculate an amount that you owe.
[01:55:53.520 --> 01:55:59.520]  And then you go down and everywhere they've charged you more, you put that in.
[01:55:59.520 --> 01:56:02.520]  You put where they actually charged you.
[01:56:02.520 --> 01:56:10.520]  And you keep it running total. What this will do is say on the second payment they charged you $5 too much.
[01:56:10.520 --> 01:56:15.520]  That $5 should have came directly off the principal.
[01:56:15.520 --> 01:56:17.520]  But it didn't because they charged it to you.
[01:56:17.520 --> 01:56:22.520]  So next month you paid interest on that $5.
[01:56:22.520 --> 01:56:23.520]  Right.
[01:56:23.520 --> 01:56:35.520]  Generally across what's early in the note, across the full term of a 30-year note, it will increase about three to four times depending on the interest rate.
[01:56:35.520 --> 01:56:46.520]  So if they charge you $5 extra on the first day, then that's going to be $15 extra they're charging you by the time you get to the end.
[01:56:46.520 --> 01:56:49.520]  So you run a calculation.
[01:56:49.520 --> 01:56:58.520]  If they charge you $5 extra on the first day, that's the last $5 you pay off on the whole loan.
[01:56:58.520 --> 01:57:05.520]  So you're going to pay interest, extra interest on $5 for 30 years.
[01:57:05.520 --> 01:57:06.520]  Right.
[01:57:06.520 --> 01:57:13.520]  You run that amortization that way and that really adds up.
[01:57:13.520 --> 01:57:25.520]  One of the things we do that really I know it ticks them off is every month when we make that payment, my wife will pay the extra to put on the principal.
[01:57:25.520 --> 01:57:35.520]  But we've noticed that once we found out they were playing with the escrow deal, she started paying some extra to go towards the escrow.
[01:57:35.520 --> 01:57:42.520]  Okay, hold on. Is escrow included in the contract?
[01:57:42.520 --> 01:57:54.520]  Did you agree in the note that all of the escrow would be paid by the lender rather than you?
[01:57:54.520 --> 01:57:59.520]  I can't remember. I have to go through the paperwork.
[01:57:59.520 --> 01:58:02.520]  Check the note. Read the note.
[01:58:02.520 --> 01:58:08.520]  Because they may have just decided to pay the escrow because that way they can shoot you.
[01:58:08.520 --> 01:58:15.520]  If you take your homeowner's insurance out of the escrow and pay it yourself, you don't have these ones.
[01:58:15.520 --> 01:58:18.520]  Okay, hang on. About to go to break.
[01:58:18.520 --> 01:58:22.520]  Randy Kelton, VetPak, Ruva Radio.
[01:58:22.520 --> 01:58:25.520]  Oh, I'm a little ahead of myself.
[01:58:25.520 --> 01:58:29.520]  I've got another 28 seconds. I misread the clock.
[01:58:29.520 --> 01:58:35.520]  Okay, so first we want to do an accurate calculation.
[01:58:35.520 --> 01:58:40.520]  And the first thing to ask them for is a complete accounting of everything that's been paid.
[01:58:40.520 --> 01:58:43.520]  Okay, hang on. We'll be right back.
[01:58:43.520 --> 01:58:50.520]  Ruva Radio, or call it number 512-646-1984.
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