ROL_2016-05-06_16k_Hr1-2.timecode

[00:00.000 --> 00:06.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the jelly
[00:06.000 --> 00:08.000]  bulletins for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:28.000]  Markets for Wednesday, the 4th of May, 2016, are currently treading with gold at $1,274.01 an ounce,
[00:28.000 --> 00:35.000]  over $17.26 an ounce, Texas crude $43.65 a barrel, and Bitcoin is currently at about
[00:35.000 --> 00:43.000]  $448 U.S. currency.
[00:43.000 --> 00:49.000]  Today in history, the year 1415, Protestant Christian reformers John Wycliffe and Jan
[00:49.000 --> 00:52.000]  Haas are condemned as heretics at the Council of Constance.
[00:52.000 --> 00:56.000]  This declaration led to the digging up and burning of Wycliffe's bones, who had died
[00:56.000 --> 01:00.000]  a few decades before, with his ashes being dumped into a river, and to the eventual
[01:00.000 --> 01:05.000]  execution of Jan Haas by burning at the stake, yet another attempt at stamping out
[01:05.000 --> 01:13.000]  Protestantism via the Catholic Inquisition today in history.
[01:13.000 --> 01:17.000]  In recent news, White House spokesman Josh Earnest said concerning President Obama's
[01:17.000 --> 01:21.000]  first visit to Flint, Michigan, in response to the lead poisoning crisis that has been
[01:21.000 --> 01:24.000]  happening there, that, quote, this administration will continue to help mobilize the
[01:24.000 --> 01:28.000]  resources necessary that will allow Flint to recover and come back stronger than ever.
[01:28.000 --> 01:30.000]  This is not an exercise in finger pointing.
[01:30.000 --> 01:34.000]  This is an exercise in asserting the responsibility that everybody has to make sure the
[01:34.000 --> 01:37.000]  people of Flint have an opportunity to get back on their feet.
[01:37.000 --> 01:41.000]  President Obama did declare a state of emergency in mid-January and ordered federal aid in
[01:41.000 --> 01:43.000]  addition to the state and local response.
[01:43.000 --> 01:47.000]  His first priority in Flint is to be updated on the federal response to the crisis and
[01:47.000 --> 01:54.000]  is even meeting with some city residents.
[01:54.000 --> 01:58.000]  Israel's Justice Minister Ayelet Shaked, in an interview with the Washington Post,
[01:58.000 --> 02:03.000]  stated today that, quote, in the past, we've seen European leaders speaking against the
[02:03.000 --> 02:04.000]  Jews.
[02:04.000 --> 02:05.000]  Now we see them speaking against Israel.
[02:05.000 --> 02:10.000]  It is the same anti-Semitism of blood libel, spreading lies, distorting reality, and
[02:10.000 --> 02:13.000]  brainwashing people into hating Israel and the Jews.
[02:13.000 --> 02:17.000]  She went as far as to say that the supporters of movements such as BDS, which call for putting
[02:17.000 --> 02:21.000]  economic and political pressure on Israel in order to achieve compliance with international
[02:21.000 --> 02:26.000]  law and gain rights for Palestinians, are, quote, using the same kind of anti-Semitism,
[02:26.000 --> 02:30.000]  but instead of saying they're against the Jews, they say that they're against Israel.
[02:30.000 --> 02:34.000]  In response to comments made in recent weeks by members of Britain's Labour Party claiming
[02:34.000 --> 02:38.000]  that Hitler was a Zionist and previous remarks by lawmakers that Israel's population should
[02:38.000 --> 02:43.000]  be transported out of the Middle East to America, Shaked stated that, quote, today it is not
[02:43.000 --> 02:47.000]  politically correct to be anti-Semitic, but being anti-Israeli is acceptable.
[02:47.000 --> 02:51.000]  People who have such anti-Semitic views should not be allowed to hold central leadership
[02:51.000 --> 02:52.000]  positions.
[02:52.000 --> 03:11.000]  This is Rick Rodey with your Lowdown for May 4th, 2016.
[03:11.000 --> 03:39.000]  Thank you.
[03:41.000 --> 03:42.000]  Okay.
[03:42.000 --> 03:43.000]  Howdy, howdy.
[03:43.000 --> 03:54.000]  This is Randy Hilton, Nat Pack, on this Yet Day Di Mayo, Friday, the sixth day of May,
[03:54.000 --> 03:55.000]  2016.
[03:55.000 --> 04:02.000]  And we have a couple of interesting callers I expect to be calling in a bit later about
[04:02.000 --> 04:04.000]  educating juries.
[04:04.000 --> 04:10.000]  We had a good show last night and spoke to someone whose husband happened to be on a
[04:10.000 --> 04:14.000]  grand jury and was the foreman of a grand jury.
[04:14.000 --> 04:18.000]  So, it will be interesting to speak to her.
[04:18.000 --> 04:21.000]  I'm going to a rally tomorrow in Fort Worth.
[04:21.000 --> 04:28.000]  If anybody listening is in Fort Worth, you might want to go to Hyde Park at 11 o'clock
[04:28.000 --> 04:29.000]  tomorrow.
[04:29.000 --> 04:37.000]  There's going to be a rally and some type of demonstration for fully informed juries.
[04:37.000 --> 04:42.000]  And we're hoping that Bob Smiley will be calling in at some point in the show.
[04:42.000 --> 04:47.000]  And he's the organizer of the rally and we will be talking to him.
[04:47.000 --> 04:53.000]  This is definitely right in line with what we do.
[04:53.000 --> 05:03.000]  We talked last night quite a while about fully informed juries and especially fully informed
[05:03.000 --> 05:05.000]  grand juries.
[05:05.000 --> 05:11.000]  Because those of you who have been listening for a while, you know that we talk about all
[05:11.000 --> 05:25.000]  sorts of aspects of law and my primary purpose is to engineer an outcome that will take root
[05:25.000 --> 05:31.000]  and have long-lasting effect toward creating an ultimate cure.
[05:31.000 --> 05:43.000]  Now, I'm not naive in that I don't expect that we will be able to eliminate this problem
[05:43.000 --> 05:54.000]  because I have an interpretation of a plaque commissioned by an Akkadian king 6,000 years
[05:54.000 --> 05:55.000]  ago.
[05:55.000 --> 06:07.000]  This plaque was found in the library of Nineveh across the Euphrates River from Mosul in Iraq.
[06:07.000 --> 06:16.000]  And on this plaque, the king proclaimed that he was reasserting the old law because those
[06:16.000 --> 06:21.000]  impositions of power and influence had so perverted the laws that the citizen could
[06:21.000 --> 06:25.000]  no longer achieve justice.
[06:25.000 --> 06:35.000]  So this push and pull, this tug between the rich and the poor, the powerful and the disenfranchised
[06:35.000 --> 06:42.000]  has been going on for 6,000 years that we know of.
[06:42.000 --> 06:51.000]  Neither is it going to cease tomorrow nor are the bad guys going to take over tomorrow.
[06:51.000 --> 06:56.000]  The bad guys have been trying to take over for 6,000 years.
[06:56.000 --> 07:03.000]  They gain ground, the people rise up, take that ground away from them, they start gaining
[07:03.000 --> 07:08.000]  ground again, and we keep doing these things in about 50-year cycles.
[07:08.000 --> 07:14.000]  If you look back through history, since economic records have been kept, there has been a major
[07:14.000 --> 07:24.000]  economic upheaval approximately every 50 years since we've kept records.
[07:24.000 --> 07:30.000]  Things get better, then they get worse, then they get better again, and then they get worse.
[07:30.000 --> 07:40.000]  If you read the Bible, the predictions spoken of by Jesus, the one thing that is consistent
[07:40.000 --> 07:52.000]  in what he keeps saying is, these things I prophesy will come to pass in your time.
[07:52.000 --> 07:58.000]  And that's because every generation lives through this cycle.
[07:58.000 --> 08:02.000]  If they're in good times, they're going to experience bad times in every generation.
[08:02.000 --> 08:08.000]  It's almost as if it was intended that way, that we all have good times and we all suffer
[08:08.000 --> 08:10.000]  through difficulty.
[08:10.000 --> 08:19.000]  Well, I'm not sure where we're at on that cycle at the present time.
[08:19.000 --> 08:24.000]  In the overall scheme of things, at least here in the United States and most of the
[08:24.000 --> 08:28.000]  developed countries, things are better than they've ever been.
[08:28.000 --> 08:35.000]  People have a better life, they have more freedoms, they have less disease.
[08:35.000 --> 08:41.000]  All of those things that are problems have lessened dramatically.
[08:41.000 --> 08:51.000]  And yes, those people in positions of power are constantly trying to increase their power.
[08:51.000 --> 08:59.000]  But then again, those people who are not in power are constantly trying to limit the scope
[08:59.000 --> 09:05.000]  of the power of those Syrian high-level positions.
[09:05.000 --> 09:06.000]  It's a back and forth.
[09:06.000 --> 09:12.000]  It's been going on since human beings have gathered together in civil societies.
[09:12.000 --> 09:15.000]  And we're not going to stop it.
[09:15.000 --> 09:19.000]  What we can do is do our part to make an adjustment.
[09:19.000 --> 09:21.000]  And that's what I'm here for.
[09:21.000 --> 09:33.000]  Primarily what I'm trying to do is find the most effective tool for affecting long-range
[09:33.000 --> 09:38.000]  positive change and almost invariably.
[09:38.000 --> 09:45.000]  A tool of that nature always follows Occam's razor.
[09:45.000 --> 09:53.000]  The most effective solution to any problem will invariably be the simplest solution.
[09:53.000 --> 10:01.000]  That's not always true, but a large percentage of the time that is the case, and I'm trained
[10:01.000 --> 10:11.000]  as an engineer and as an engineer, we look for the smallest change we can make that will
[10:11.000 --> 10:19.000]  be congruent with the effectiveness of the entire system and make the greatest change.
[10:19.000 --> 10:30.000]  And as I see it, a change in legislation, a change in 20.09 Texas Code of Criminal Procedure,
[10:30.000 --> 10:35.000]  or if you're in another state, a similar change.
[10:35.000 --> 10:41.000]  20.09 Texas Code of Criminal Procedure says it, it shall be the duty of the grand jury
[10:41.000 --> 10:45.000]  to investigate into all crimes subject to indictment that come to their knowledge by
[10:45.000 --> 10:47.000]  way of the prosecution.
[10:47.000 --> 10:48.000]  Stop.
[10:48.000 --> 10:55.000]  It shall be the duty of the grand jury to investigate into all crimes subject to indictment
[10:55.000 --> 11:01.000]  that come to their knowledge by way of any member of the grand jury, the prosecuting
[11:01.000 --> 11:05.000]  attorney, or any credible person.
[11:05.000 --> 11:13.000]  Now that establishes a statutory right for a citizen.
[11:13.000 --> 11:15.000]  Let me back up two steps.
[11:15.000 --> 11:25.000]  That does not establish a statutory right that enumerates a right that already existed
[11:25.000 --> 11:31.000]  for a private citizen who has, who is over the age of 18 and has never been convicted
[11:31.000 --> 11:37.000]  of felony to give notice to the grand jury of crime.
[11:37.000 --> 11:48.000]  The change that I want made is to require the grand jury at least once a month to open
[11:48.000 --> 11:55.000]  its doors to private citizens for the purpose of effectuating the notice contemplated by
[11:55.000 --> 11:57.000]  20.09.
[11:57.000 --> 12:01.000]  Now 20.09 is somewhat different than most states.
[12:01.000 --> 12:09.000]  Most states, their statute addressing duties of grand juries follow the federal pattern
[12:09.000 --> 12:15.000]  and what the federal pattern says, I actually like better than, than Texas.
[12:15.000 --> 12:22.000]  The federal pattern says the grand jury shall investigate into all crimes subject to indictment
[12:22.000 --> 12:27.000]  that come to their knowledge by whatever means.
[12:27.000 --> 12:31.000]  So that means it doesn't make any difference and that's much more encompassing than Texas.
[12:31.000 --> 12:35.000]  Texas is somewhat more specific, but it's good enough.
[12:35.000 --> 12:43.000]  If we open the door to grand juries so that you and I and the guy next door and the guy
[12:43.000 --> 12:50.000]  down the street can, whenever he has a reason to believe that a public official's violated
[12:50.000 --> 12:56.000]  law relating to his office or anyone else for that matter, walk down to the grand jury's
[12:56.000 --> 13:00.000]  chambers and give them notice.
[13:00.000 --> 13:07.000]  Now prosecutors will hop up and down and rail in righteous indignation and say that only
[13:07.000 --> 13:14.000]  prosecuting attorneys may present to a grand jury and that is true.
[13:14.000 --> 13:19.000]  But in this case, present is a term of art.
[13:19.000 --> 13:24.000]  It's a legal term that has a specific definition.
[13:24.000 --> 13:34.000]  And that is where a person comes before a grand jury in quorum and presents the case
[13:34.000 --> 13:37.000]  to them for consideration.
[13:37.000 --> 13:41.000]  That is different than giving notice.
[13:41.000 --> 13:43.000]  And I run into this all the time.
[13:43.000 --> 13:45.000]  They tell me I can't present your grand jury.
[13:45.000 --> 13:49.000]  And I tell them, absolutely, I do not want to present to the grand jury.
[13:49.000 --> 13:52.000]  This is what my prosecutor told me.
[13:52.000 --> 13:53.000]  And I agreed with him.
[13:53.000 --> 13:57.000]  Absolutely, I do not want to present this case to a grand jury.
[13:57.000 --> 14:06.000]  Now, if the grand jury calls me as a witness, I will comply and go before that grand jury
[14:06.000 --> 14:09.000]  and present my information to them.
[14:09.000 --> 14:15.000]  But only if they request that I do so.
[14:15.000 --> 14:24.000]  Otherwise, it is my statutory right to give notice of crime to a grand jury.
[14:24.000 --> 14:27.000]  And that I will do without interference.
[14:27.000 --> 14:36.000]  If we open the door to the grand jury, to the general public, then we won't have this problem
[14:36.000 --> 14:42.000]  of prosecuting attorneys trying to shield us from grand juries.
[14:42.000 --> 14:53.000]  Grand juries were put in place specifically to limit the authority of prosecuting attorneys.
[14:53.000 --> 14:58.000]  Prosecutors say, why do we need a grand jury?
[14:58.000 --> 15:02.000]  I'm the one that has to prosecute this case.
[15:02.000 --> 15:07.000]  So I'm the one that should make the determination as to whether or not there's sufficient evidence
[15:07.000 --> 15:09.000]  to warrant prosecution.
[15:09.000 --> 15:11.000]  Well, that's a logical argument.
[15:11.000 --> 15:14.000]  But it's specious logic.
[15:14.000 --> 15:19.000]  And our founders were fully aware of the specious nature of that argument.
[15:19.000 --> 15:24.000]  Specious means it's based on false premise.
[15:24.000 --> 15:32.000]  That argument is based on the premise that a prosecutor's zeal in prosecuting
[15:32.000 --> 15:39.000]  will not override his fair judgment.
[15:39.000 --> 15:47.000]  And our founders had already had the experience of overzealous prosecutors
[15:47.000 --> 15:50.000]  did not want that to happen.
[15:50.000 --> 15:57.000]  So they made it clear that a prosecutor may not initiate a prosecution.
[15:57.000 --> 16:05.000]  Kennedy v. State says that in order to avoid the obvious evils of the accumulation of power
[16:05.000 --> 16:11.000]  in any one office for the purpose of initiating or filing a criminal accusation,
[16:11.000 --> 16:16.000]  a prosecuting attorney is not a credible person.
[16:16.000 --> 16:20.000]  The government may not initiate a prosecution.
[16:20.000 --> 16:24.000]  It may only be initiated by a private citizen.
[16:24.000 --> 16:29.000]  And then if it's a felony, only through acceptance by a grand jury,
[16:29.000 --> 16:32.000]  then the prosecutor can step into the case.
[16:32.000 --> 16:34.000]  They don't like it. They want control.
[16:34.000 --> 16:37.000]  They do everything they can to get control.
[16:37.000 --> 16:43.000]  And it's our job to do everything we can to keep them from getting control.
[16:43.000 --> 16:49.000]  There should be this push-and-pull between us to keep both of us balanced.
[16:49.000 --> 16:55.000]  Randy Kalkin, Vet-Pak, Root of Our Radio, I call it number 512-646-1984.
[16:55.000 --> 17:14.000]  Call lines are open. We'll be right back.
[17:25.000 --> 17:50.000]  We'll be right back.
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[20:00.000 --> 20:25.000]  Okay, we are back.
[20:25.000 --> 20:31.000]  Randy Carpenter-Helton, Pat Rubio Radio and Betty's on the bike with us.
[20:31.000 --> 20:34.000]  We're going to go to Tom in Texas.
[20:34.000 --> 20:38.000]  Hello Tom, what do you have for us today?
[20:38.000 --> 20:41.000]  Hey Randy, thanks for taking my call.
[20:41.000 --> 20:44.000]  Hang on a minute.
[20:44.000 --> 20:52.000]  Hang on a minute on live radio is absolutely a bad thing.
[20:52.000 --> 20:54.000]  Okay, you said you can hear me okay?
[20:54.000 --> 20:55.000]  Okay, great.
[20:55.000 --> 20:56.000]  I can hear you good.
[20:56.000 --> 20:57.000]  That's good sound.
[20:57.000 --> 21:10.000]  Hey, with a, I'm trying to get some documents from a Cherokee County Precinct 2 Justice Court clerk.
[21:10.000 --> 21:15.000]  Cherokee County, one of my favorite counties.
[21:15.000 --> 21:27.000]  Yeah, she is for a citation issued by DPS for alleging 72 and a 60.
[21:27.000 --> 21:32.000]  And she first didn't have the citation in yet.
[21:32.000 --> 21:36.000]  Then she said, well, when it comes in, you could call back in a couple of days.
[21:36.000 --> 21:44.000]  So when I called back, asked for a copy of it and a copy of the complaint.
[21:44.000 --> 21:45.000]  And she said, there is no complaint.
[21:45.000 --> 21:49.000]  You can come up and just plead guilty or not guilty.
[21:49.000 --> 21:51.000]  And I said, oh, so I'll get to see the judge?
[21:51.000 --> 21:54.000]  No, you'll do it with me.
[21:54.000 --> 21:56.000]  Wonderful.
[21:56.000 --> 22:09.000]  Okay, Tom, send me an email and I will send you a challenge to subject matter jurisdiction
[22:09.000 --> 22:16.000]  and two information requests I just prepared for the city of Decatur.
[22:16.000 --> 22:20.000]  And Rex Hoskins called me, the chief of police.
[22:20.000 --> 22:23.000]  He was not a happy camper.
[22:23.000 --> 22:28.000]  Okay, send me the email and I'll send these to you.
[22:28.000 --> 22:29.000]  Okay.
[22:29.000 --> 22:30.000]  Okay.
[22:30.000 --> 22:32.000]  Go ahead and I'll tell you why after a while.
[22:32.000 --> 22:39.000]  Well, I don't have a complaint, but when it comes in, you can send a request
[22:39.000 --> 22:44.000]  and I will forward your request to the county attorney.
[22:44.000 --> 22:49.000]  I said, well, no, you can give me a copy of that document.
[22:49.000 --> 22:55.000]  She says, no, I was told to inform you that if you wish to have any of these documents,
[22:55.000 --> 22:59.000]  that we will pass your request on to the county attorney
[22:59.000 --> 23:03.000]  and the county attorney will address the issue.
[23:03.000 --> 23:06.000]  That's wonderful.
[23:06.000 --> 23:08.000]  She said, who's your boss?
[23:08.000 --> 23:10.000]  Judge Johnson.
[23:10.000 --> 23:14.000]  I said, oh, okay, well, thank you very much.
[23:14.000 --> 23:24.000]  And so I faxed her a request for a copy of the citation and a copy of the complaint.
[23:24.000 --> 23:31.000]  And I called her and told her to file stamp that request and faxed it back to me,
[23:31.000 --> 23:37.000]  which she did, but then she refused to give me a copy of the citation
[23:37.000 --> 23:39.000]  and a copy of the verified thing.
[23:39.000 --> 23:43.000]  But she said the trooper has not been in the signage yet.
[23:43.000 --> 23:48.000]  Her problem, not your problem.
[23:48.000 --> 23:49.000]  Okay, hold on.
[23:49.000 --> 23:50.000]  Let me back up.
[23:50.000 --> 23:54.000]  Do you have a copy of the citation?
[23:54.000 --> 23:58.000]  I have a copy that the trooper gave to me.
[23:58.000 --> 23:59.000]  Okay.
[23:59.000 --> 24:05.000]  At the bottom where you sign it, what does it say?
[24:05.000 --> 24:07.000]  At the bottom?
[24:07.000 --> 24:16.000]  What I'm asking is what did you sign the document agreeing to do?
[24:16.000 --> 24:26.000]  A promise to appear before the judge, Tony Johnson, on or before the 13th of May.
[24:26.000 --> 24:30.000]  On or before?
[24:30.000 --> 24:31.000]  Correct.
[24:31.000 --> 24:36.000]  Let's go down and let me give you a little bit of law.
[24:36.000 --> 24:43.000]  I'll send you this challenge such medical restriction and all this law is in there.
[24:43.000 --> 24:49.000]  When an officer stops you under the Texas Transportation Code.
[24:49.000 --> 25:03.000]  First off, okay, the officer can allow you to sign a promise to appear.
[25:03.000 --> 25:04.000]  Let me read.
[25:04.000 --> 25:07.000]  When a person is cited under Texas Transportation Code,
[25:07.000 --> 25:10.000]  the authority to release the person on a promise to appear is contained
[25:10.000 --> 25:15.000]  in Texas Transportation Code 543.006 which reads as follows.
[25:15.000 --> 25:20.000]  An officer who arrests a person for a violation of this subtitle,
[25:20.000 --> 25:26.000]  punishable as a misdemeanor, and who does not take the person before a magistrate
[25:26.000 --> 25:31.000]  shall issue a written notice to appear in court showing the time and place
[25:31.000 --> 25:33.000]  the person is to appear.
[25:33.000 --> 25:38.000]  The offense charged, the name and address of the person charged,
[25:38.000 --> 25:43.000]  and if applicable, the license number of the person's vehicle.
[25:43.000 --> 25:49.000]  Now we go down to 543.006, time and place of appearance.
[25:49.000 --> 25:54.000]  The time specified in the notice to appear must be at least 10 days
[25:54.000 --> 26:00.000]  after the date of arrest unless the person arrested demands an earlier hearing.
[26:00.000 --> 26:11.000]  543.006B, the place specified in the notice to appear must be before a magistrate
[26:11.000 --> 26:17.000]  having jurisdiction of the offense who is in the municipality or county
[26:17.000 --> 26:22.000]  in which the offense is alleged to have been committed.
[26:22.000 --> 26:27.000]  Magistrate, not judge.
[26:27.000 --> 26:30.000]  Are you aware of the difference?
[26:30.000 --> 26:33.000]  I wonder if this judge is a magistrate also.
[26:33.000 --> 26:39.000]  Yes he is, but that's a different hat.
[26:39.000 --> 26:51.000]  This 543.006 does not authorize the officer to order you to appear before a judge.
[26:51.000 --> 26:56.000]  It authorizes you to appear before a magistrate.
[26:56.000 --> 27:02.000]  The ticket says judge.
[27:02.000 --> 27:09.000]  Actually it says that you appear before the court.
[27:09.000 --> 27:11.000]  That doesn't look right.
[27:11.000 --> 27:13.000]  It should say magistrate.
[27:13.000 --> 27:22.000]  However, if when you appear before the court, the court sits as a magistrate,
[27:22.000 --> 27:27.000]  then they have violated no law.
[27:27.000 --> 27:37.000]  But if the court sits as the court of jurisdiction, then they have violated 543.006.
[27:37.000 --> 27:43.000]  The judge wears two hats, or he has two hats.
[27:43.000 --> 27:48.000]  One is the judge's hat, the other is the magistrate's hat.
[27:48.000 --> 27:53.000]  When you go in for that first hearing, he wears his magistrate's hat.
[27:53.000 --> 28:01.000]  If he tries to put on the judge's hat, then we have a problem.
[28:01.000 --> 28:03.000]  Randy, how do you know the difference?
[28:03.000 --> 28:10.000]  The difference is that a magistrate can only do three things.
[28:10.000 --> 28:12.000]  He can marry people.
[28:12.000 --> 28:19.000]  He can hold an examining trial based on a criminal accusation under Chapter 16,
[28:19.000 --> 28:24.000]  Texas Code of Criminal Procedure, and he can accept bail.
[28:24.000 --> 28:28.000]  That's all a magistrate can do.
[28:28.000 --> 28:34.000]  What he can't do is hold an arraignment hearing.
[28:34.000 --> 28:44.000]  An arraignment hearing is a hearing for the purpose of determining the identity of the accused and taking a plea.
[28:44.000 --> 29:03.000]  Well, an arraignment hearing can only be had in a matter punishable as a felony
[29:03.000 --> 29:07.000]  or as a misdemeanor punishable by imprisonment.
[29:07.000 --> 29:13.000]  That's the only time a judge can order an arraignment hearing.
[29:13.000 --> 29:16.000]  Well, this is a classy misdemeanor.
[29:16.000 --> 29:26.000]  Punishable by fine only, there is no authority to order a person to appear before the court for an arraignment hearing.
[29:26.000 --> 29:32.000]  The only thing they can bring you before the court for is an examining trial.
[29:32.000 --> 29:43.000]  And that is the specific authorization in the transportation code that allows an officer to release you on your affirmation.
[29:43.000 --> 29:46.000]  Go ahead.
[29:46.000 --> 29:52.000]  Okay, I'll wait until the next bring-in. I've got another question for you.
[29:52.000 --> 30:03.000]  Okay, this is Randy Kelton, VETPAC, River Law Radio. We'll be right back.
[30:03.000 --> 30:09.000]  It took a very special brain to devise the theory of relativity, but was Albert Einstein born super smart?
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[33:02.000 --> 33:15.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:15.000 --> 33:26.000]  Yeah, I got the warrant, and I'm gonna serve them, to the end of the month then, prosecute them.
[33:26.000 --> 33:30.000]  Okay.
[33:30.000 --> 33:35.000]  All set.
[33:35.000 --> 33:47.000]  Okay, we are back. Randy Kelton back with the radio, and we're talking to Tom in Texas, and Tom got a ticket in Cherokee County.
[33:47.000 --> 33:59.000]  Cherokee County is a great place. I only got convicted to one year in prison in Cherokee County. I only spent 24 days in solitary confinement.
[33:59.000 --> 34:06.000]  It was tough down there.
[34:06.000 --> 34:21.000]  With the ticket, once you get this challenge subject matter jurisdiction, you need to read it two or three times, because it asks questions.
[34:21.000 --> 34:26.000]  It takes on the right to travel issue indirectly.
[34:26.000 --> 34:33.000]  Anyway, okay, I won't go to that yet. Let's go back to your issues. I'll shut up and let you ask some questions.
[34:33.000 --> 34:48.000]  Well, when I got pulled over, it was on State Highway 21. It was rural. It was probably about six miles to the west of Alto, and there was no place to pull over.
[34:48.000 --> 35:00.000]  It was a two-lane road, tall grass on each side, no shoulder, and I probably was traveling a good five miles before I could pull over.
[35:00.000 --> 35:09.000]  By that time, they had a siren turned on, the DPS. They were on the loudspeaker, motioning violently to pull over and shouting over the loudspeaker to pull over.
[35:09.000 --> 35:18.000]  When I finally got to a place just shy of town to pull over, they had the roadblock with the cop cars.
[35:18.000 --> 35:33.000]  When I pulled over, they all swarmed me. There was a DPS that was chasing me, or not chasing, but following me, and then another DPS suburban,
[35:33.000 --> 35:42.000]  and then there was, I think, a sheriff's suburban, and then a city police car. I did refuse to get out.
[35:42.000 --> 35:49.000]  He said, you need to get out. That's felony evading. I said, I'm not getting out. I'm not required to get out.
[35:49.000 --> 35:55.000]  He was one of my driver's license and proof of insurance, and I was refusing that at first.
[35:55.000 --> 36:06.000]  He ended up threatening me with a felony evasion, and I was on my way to see my son, who's in a structured visitation program where he is right now.
[36:06.000 --> 36:11.000]  I relented, but I didn't tell him. I said, I'm under threat, arrest, and coercion.
[36:11.000 --> 36:21.000]  It's the only reason I'm giving you this license and proof of insurance, but I am not engaged in transportation, which I stated from the very beginning of the stop.
[36:21.000 --> 36:28.000]  I said, do you acknowledge being so informed? He said, I don't acknowledge anything.
[36:28.000 --> 36:38.000]  Okay. Let me make a suggestion. Do not try to reason with unreasonable people.
[36:38.000 --> 36:49.000]  One of the things I've learned about dealing with the legal system, never give these guys legal advice.
[36:49.000 --> 36:58.000]  Legal advice amounts to fair warning, and I never want to give them fair warning.
[36:58.000 --> 37:09.000]  Bushwhack is a whole lot better. I had an officer pull me over. I didn't say anything about commerce, not a word.
[37:09.000 --> 37:19.000]  I asked for my license and proof of insurance, and I gave it to him, and he said, I pulled you over because you were speeding, and your registration expired.
[37:19.000 --> 37:30.000]  I said, you know full well I wasn't speeding, because I saw you back there. I dropped my wife off at work, got on 287, went one exit, and got off again.
[37:30.000 --> 37:40.000]  You knew I wasn't speeding. It's two o'clock in the morning. You were just bored. You needed something to do, right? You scanned, and your scanner saw that my plates were expired.
[37:40.000 --> 37:49.000]  Oh, yeah. He gave me a ticket for expired plates, and that was it. I gave him my license, proof of insurance.
[37:49.000 --> 37:57.000]  No, I didn't give him proof of insurance. I don't have it with me. They didn't give it to me. Just look it up on your computer, and he did.
[37:57.000 --> 38:12.000]  And he wrote me this ticket. I'm not going to get beat up on the side of the highway by some cop at two in the morning who is so afraid that he might pull his pistol and shoot me just because he's terrified of me.
[38:12.000 --> 38:19.000]  Then when I went to the court, that's when I give notice.
[38:19.000 --> 38:33.000]  I want to see this guy's authorization by the Department of Public Safety under 644001 and 7001 of the Texas Transportation Code.
[38:33.000 --> 38:45.000]  And they said, huh? You need to intervene. No, I don't. Here's a challenge subject matter jurisdiction.
[38:45.000 --> 38:50.000]  But you still have to intervene. No, no, no, no. You don't understand. I'm here at arm's length to the court.
[38:50.000 --> 38:58.000]  And since I'm at arm's length to the court, I can't intervene. She said, well, if you don't intervene, the judge by law will intervene for you.
[38:58.000 --> 39:10.000]  I said, I hope so. I didn't say that when he does intervene for me, then I'm going to file official oppression against him.
[39:10.000 --> 39:19.000]  I'm not going to say you can't intervene, blah, blah, blah. No, no, no, no. No fair warning.
[39:19.000 --> 39:26.000]  I told him first that I want to see a magistrate. Do you have a magistrate in the building?
[39:26.000 --> 39:31.000]  He said, well, no, there's no magistrate in the building. We'll go find me one.
[39:31.000 --> 39:35.000]  Well, I can't get a magistrate. You need to get a magistrate.
[39:35.000 --> 39:43.000]  So just under the Texas Transportation Code, I need to appear before a magistrate and I want to see a magistrate.
[39:43.000 --> 39:50.000]  Well, we don't have a magistrate here. Oh, OK. And that's all.
[39:50.000 --> 39:58.000]  I got them to refuse to provide a magistrate. That's all I need.
[39:58.000 --> 40:08.000]  I'll take care of you guys later. When I come to court, I will come to court with first degree, I mean, with Class A Mr.
[40:08.000 --> 40:13.000]  Mary Fisher Misconduct charges against the judge.
[40:13.000 --> 40:26.000]  He's going to say, what is this about? I'm going to say, surprise, surprise. Does this make sense?
[40:26.000 --> 40:32.000]  It does make sense. Don't don't get beat up out there on the highway.
[40:32.000 --> 40:45.000]  That's if any if with what happened to you, if you ever have their lights turned on, you stop that car right in the middle of the road.
[40:45.000 --> 40:51.000]  And when they tell you to pull over, I'm not pulling over on that soft shoulder. Not going to happen.
[40:51.000 --> 40:57.000]  If you want to follow me to a safe place, fine. Otherwise, we do it right here where you're blocking traffic.
[40:57.000 --> 41:06.000]  I don't care. Your concern, not my concern. They can just wait.
[41:06.000 --> 41:14.000]  OK. Do not fight with the cops. That's the main thing.
[41:14.000 --> 41:27.000]  Don't tell him you're not in transportation. You don't have to. I don't want him to know I'm going to raise this issue until he walks in the courtroom.
[41:27.000 --> 41:32.000]  And I drop it on him like a ton of bricks.
[41:32.000 --> 41:42.000]  So even though you give them your license and proof of insurance, you're not giving up any rights at that point because they're demanding them.
[41:42.000 --> 41:46.000]  Is that correct? Absolutely. OK, here's here's the deal.
[41:46.000 --> 41:56.000]  Say I'm a doctor and I have a in order to be a doctor, you have to be licensed with the state.
[41:56.000 --> 42:11.000]  So if I'm pulled over by a police officer while I'm driving down the road with a surfboard strapped to the top and I'm in swimming trunks and I got suntan lotion all over me and nice dark shades.
[42:11.000 --> 42:16.000]  They're not going to ask me for my physician's license.
[42:16.000 --> 42:22.000]  Yeah, I got one, but I'm not using it right now.
[42:22.000 --> 42:32.000]  He pulled me over and I had a license. And when I signed for that license, I agreed to present it on request and I did that.
[42:32.000 --> 42:36.000]  That doesn't mean I was acting in commerce.
[42:36.000 --> 42:43.000]  And the way you have that is is when I before I get to court, I will file a motion to dismiss.
[42:43.000 --> 42:47.000]  I already have it in my challenge subject matter jurisdiction.
[42:47.000 --> 43:04.000]  And I maintain that the complaint is insufficient on its face as there is no evidence in the complaint to indicate that I am subject to the statutory scheme.
[43:04.000 --> 43:08.000]  Now, it'll probably take them a little while to figure out what I'm talking about.
[43:08.000 --> 43:12.000]  Their problem, not my problem.
[43:12.000 --> 43:15.000]  While I have a need to do this.
[43:15.000 --> 43:20.000]  Sorry, did you just explain commerce because I was about to ask you what is commerce?
[43:20.000 --> 43:24.000]  That's what I'm getting to exactly commerce.
[43:24.000 --> 43:31.000]  I was not. I have a license and I can operate in commerce if I want to.
[43:31.000 --> 43:43.000]  But nothing in that complaint indicates that there were up to eight people in my vehicle being transported for pay.
[43:43.000 --> 43:54.000]  Neither did it indicate that there were goods, commodities loaded onto my vehicle that I was transporting for pay.
[43:54.000 --> 44:02.000]  Hang on, Randy Kelton, that pack, we'll be right back.
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[46:19.000 --> 46:24.000]  Okay, we are back. Randy Kelton, Vet Pack with our radio.
[46:24.000 --> 46:28.000]  And Vet hit it right on the head. She knew exactly where I was going.
[46:28.000 --> 46:37.000]  But Tom, I hope you got how I was going there. I went that way on purpose.
[46:37.000 --> 46:40.000]  I understand perfectly now. It's kind of like the same thing.
[46:40.000 --> 46:46.000]  I have a hunting license but just because I'm walking through the woods doesn't mean I'm hunting.
[46:46.000 --> 46:55.000]  But if you're sitting in a movie, I was stopped in Austin once and I gave the officer a Texas ID.
[46:55.000 --> 47:03.000]  It looked just like a driver's license except where it has the number instead of DL it has the ID.
[47:03.000 --> 47:09.000]  He come back and he said, Mr. Kelton, this is a Texas ID. Do you have a driver's license?
[47:09.000 --> 47:15.000]  I said, yes, I do. But I'm not using it right now.
[47:15.000 --> 47:21.000]  And he stepped back and looked at me and he said, Mr. Kelton, are you one of those guys?
[47:21.000 --> 47:26.000]  And I said, yes, I am. Here, have a nice day.
[47:26.000 --> 47:32.000]  He'd been down that road and didn't like it. So primarily in everything I'm doing,
[47:32.000 --> 47:41.000]  I'm trying to give a different way of thinking about this in the patriot movement.
[47:41.000 --> 47:49.000]  There is a knee-jerk reaction to what we perceive as injustice.
[47:49.000 --> 47:54.000]  And that knee-jerk reaction is to fight the injustice.
[47:54.000 --> 47:57.000]  Tom, have you ever been in the military?
[47:57.000 --> 48:00.000]  Yes, I'm a former Navy.
[48:00.000 --> 48:03.000]  Okay. Have you been in combat?
[48:03.000 --> 48:05.000]  No, no combat.
[48:05.000 --> 48:08.000]  Combat teaches you something.
[48:08.000 --> 48:18.000]  In combat, before you get into an engagement, you don't get into an engagement just because you can win it.
[48:18.000 --> 48:22.000]  You may have your opponent overwhelmed and you can beat it.
[48:22.000 --> 48:29.000]  But if your engagement is not going to move you towards your ultimate outcome,
[48:29.000 --> 48:32.000]  you're going to expend resources for no purpose.
[48:32.000 --> 48:40.000]  You certainly don't get into a fight you can't win, or at least without a good exit strategy,
[48:40.000 --> 48:45.000]  because these things you don't get to screw this up at one time and there's no second chances.
[48:45.000 --> 48:49.000]  So it gives you a different way of thinking about this.
[48:49.000 --> 48:52.000]  And when I deal with these guys, that's the way I think about it.
[48:52.000 --> 49:01.000]  Is what I'm about to say or do likely to lead me toward a positive outcome?
[49:01.000 --> 49:13.000]  Or am I going to expend a lot of energy and either not improve my chances of winning or decrease my chances of winning?
[49:13.000 --> 49:18.000]  Like in this case where he followed you five miles and by that time they got cops all over the place.
[49:18.000 --> 49:21.000]  Man, I just stopped in the middle of the road.
[49:21.000 --> 49:29.000]  I had a policeman three feet off my bumper coming into Saginaw one time.
[49:29.000 --> 49:34.000]  And I had a guy with me and I said, Blue, look at that dog.
[49:34.000 --> 49:36.000]  And I slammed on the brakes.
[49:36.000 --> 49:38.000]  Well, he didn't see a dog.
[49:38.000 --> 49:41.000]  It was a really fast dog.
[49:41.000 --> 49:43.000]  And the cops stayed right on my bumper.
[49:43.000 --> 49:45.000]  There were three dogs that day.
[49:45.000 --> 49:50.000]  After the third dog, I pulled over to the side, jumped out of the car and flagged him over.
[49:50.000 --> 49:53.000]  So I don't know what he was doing.
[49:53.000 --> 50:03.000]  But once I flagged him over, he was absolutely furious because he knew he was screwed.
[50:03.000 --> 50:04.000]  I pulled him over.
[50:04.000 --> 50:06.000]  He didn't pull me over.
[50:06.000 --> 50:10.000]  If ever a policeman follows me, I'll make a turn.
[50:10.000 --> 50:14.000]  If he turns with me, I'll speed up, make the next turn, pull over, jump out of my car.
[50:14.000 --> 50:17.000]  I did that in Chicago to two policemen.
[50:17.000 --> 50:22.000]  They were absolutely furious, but they wouldn't wait and let me alone.
[50:22.000 --> 50:25.000]  Think about what you're about to do.
[50:25.000 --> 50:31.000]  How can you best set them up?
[50:31.000 --> 50:33.000]  Randy, I have a question.
[50:33.000 --> 50:34.000]  Okay.
[50:34.000 --> 50:35.000]  Sorry.
[50:35.000 --> 50:41.000]  If a person is speeding, say I was speeding, I mean, when it boils down to it, you're still speeding.
[50:41.000 --> 50:48.000]  So even though you bring up the fact that you're not working in commerce, they still have the fact that you're speeding.
[50:48.000 --> 50:52.000]  So how do you walk away in a wind?
[50:52.000 --> 50:55.000]  I say, so what?
[50:55.000 --> 51:12.000]  Well, actually, I say I can't be speeding because it is very clear in the transportation code that speed limits sides are for the purpose of controlling commercial traffic.
[51:12.000 --> 51:20.000]  So what it says in the code, that doesn't apply to me.
[51:20.000 --> 51:21.000]  Okay.
[51:21.000 --> 51:35.000]  The only, even if we didn't have that, a police officer, when he writes a citation, is writing a citation under the Texas transportation code, then the Texas transportation code is very clear.
[51:35.000 --> 51:38.000]  It only applies to commercial traffic.
[51:38.000 --> 51:42.000]  You cannot license a ride.
[51:42.000 --> 51:46.000]  I don't need my license if I'm walking down the road.
[51:46.000 --> 51:54.000]  I don't need my license if I'm riding a horse, driving a bicycle.
[51:54.000 --> 51:57.000]  Oh, bicycle or horse.
[51:57.000 --> 52:00.000]  Well, not exactly.
[52:00.000 --> 52:08.000]  If I'm riding a horse and I'm delivering mail for the Pony Express, I need my license.
[52:08.000 --> 52:14.000]  If I'm delivering pizzas on that bicycle, I need my license.
[52:14.000 --> 52:23.000]  If I'm using the public roadways for commerce, that's not something I have a right to do.
[52:23.000 --> 52:29.000]  I have a right to use the roadways for travel, but not for commerce.
[52:29.000 --> 52:31.000]  This is how licenses originally came about.
[52:31.000 --> 52:35.000]  They came about in Pennsylvania.
[52:35.000 --> 52:38.000]  Pennsylvania, and I believe it was Maryland.
[52:38.000 --> 52:42.000]  They were Maryland, New Jersey.
[52:42.000 --> 52:57.000]  These buggies were for hire, were carrying people across from Pennsylvania to New Jersey, and New Jersey started taxing them.
[52:57.000 --> 53:00.000]  And they raised a big issue about it.
[53:00.000 --> 53:11.000]  And this is what originated the issue of operating the buggy for commerce on the public roadways,
[53:11.000 --> 53:15.000]  that they could use the public roadway all they wanted to for travel.
[53:15.000 --> 53:23.000]  But if they wanted to do commerce on the roadway, then they had to be licensed and paid tax for it
[53:23.000 --> 53:29.000]  because they're using the roadways that we paid for to make money.
[53:29.000 --> 53:36.000]  So they need to give some of that profit back to us to help us maintain the roadways that they're using.
[53:36.000 --> 53:46.000]  Right now, all of these tractor trailers, they pay a road use tax because they're using the road for commerce.
[53:46.000 --> 53:53.000]  And so they have to pay more money because they use the road more and they do more damage to it.
[53:53.000 --> 54:00.000]  Well, it started out in Texas that we had some pretty decrepit roads back in the 20s.
[54:00.000 --> 54:10.000]  And in the 20s, people began to get cars, and they began to build larger vehicles and trucks and such.
[54:10.000 --> 54:14.000]  And people began to build their own.
[54:14.000 --> 54:16.000]  There weren't so much manufacturing.
[54:16.000 --> 54:20.000]  People get parts and they're putting together bigger and bigger trucks, and they were wrecks.
[54:20.000 --> 54:24.000]  And they were slaughtering people all over the place with these trucks,
[54:24.000 --> 54:29.000]  and they were destroying bridges and breaking down roads that weren't designed for them.
[54:29.000 --> 54:37.000]  So the state got together and put together a licensing program so that they could control these vehicles
[54:37.000 --> 54:42.000]  and force the users to make them safer so they stopped killing everybody with them
[54:42.000 --> 54:44.000]  and stopped destroying all the bridges.
[54:44.000 --> 54:47.000]  Well, that was a great idea.
[54:47.000 --> 54:51.000]  And the problem is that they extended it to everybody.
[54:51.000 --> 54:57.000]  And it wasn't a major deal, and people just got used to getting the license.
[54:57.000 --> 55:07.000]  They should have created a set of law for travelers as opposed to those acting under the licensed privilege,
[55:07.000 --> 55:10.000]  but they didn't.
[55:10.000 --> 55:17.000]  They're trying to apply the licensed privilege to non-licensable usage.
[55:17.000 --> 55:23.000]  I don't have a problem with traffic laws because they protect us against ourselves,
[55:23.000 --> 55:29.000]  against our own distraction, to keep us from killing each other.
[55:29.000 --> 55:36.000]  I do have a problem with government enforcing laws that don't apply because it's convenient.
[55:36.000 --> 55:40.000]  Okay, Tom, I talked too much. Let's go back to you.
[55:40.000 --> 55:44.000]  Okay, did they charge you with evasion?
[55:44.000 --> 55:47.000]  Hold on, I just clicked a mute button on your...there you go.
[55:47.000 --> 55:50.000]  No, they did not. They did not.
[55:50.000 --> 56:06.000]  The citation says more than 10% above the posted speed limit, and then it says 545.031 and 545.032.
[56:06.000 --> 56:16.000]  Well, that's good. That was going to be my next question because I got a citation for expired registration.
[56:16.000 --> 56:22.000]  And I did a search and I could not find a statute called expired registration.
[56:22.000 --> 56:25.000]  So that actually gave me the statute.
[56:25.000 --> 56:28.000]  It's in the transportation code.
[56:28.000 --> 56:33.000]  So now you need to go back and look at the transportation code.
[56:33.000 --> 56:37.000]  This was a Department of Public Safety officer?
[56:37.000 --> 56:39.000]  That is correct.
[56:39.000 --> 56:52.000]  Okay, then he's one that actually had authority to enforce the traffic code because he is a police officer as opposed to a peace officer.
[56:52.000 --> 56:57.000]  A peace officer is authorized to enforce the criminal laws.
[56:57.000 --> 57:03.000]  A police officer is authorized to enforce the traffic code.
[57:03.000 --> 57:16.000]  So was there anything on the citation that indicated that you were acting in commerce?
[57:16.000 --> 57:18.000]  No.
[57:18.000 --> 57:32.000]  Okay, then most of the...since it's a DPS, most of the challenges subject matter jurisdiction I have won't apply because a DPS does have authority to enforce.
[57:32.000 --> 57:48.000]  But what will apply is the citation lacks the necessary elements of a complaint in that it fails to establish jurisdiction of the court.
[57:48.000 --> 57:59.000]  Since it fails to provide information that would indicate that you fall under the statutory scheme.
[57:59.000 --> 58:08.000]  Even though you had a license, it doesn't matter if the statute did not accuse you of operating in commerce.
[58:08.000 --> 58:17.000]  It's insufficient on its face and that should be the emotion to strike the pleadings insufficient on its face.
[58:17.000 --> 58:20.000]  Maybe we have to take a break.
[58:20.000 --> 58:22.000]  Okay, you want to bring us out there?
[58:22.000 --> 58:25.000]  I've got to jump up or I will call back.
[58:25.000 --> 58:28.000]  Okay.
[58:28.000 --> 58:30.000]  Okay, we're about to go to break.
[58:30.000 --> 58:34.000]  You want to bring us out, Beth?
[58:34.000 --> 58:36.000]  Okay.
[58:36.000 --> 58:39.000]  Is it Randy Kelton and Beth Tech bringing us to break?
[58:39.000 --> 58:50.000]  Rule of Law Radio, we'll be back in just a few.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:24.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.000 --> 59:28.000]  growing in Christ and how to build up the church.
[59:28.000 --> 59:33.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.000 --> 59:40.000]  call Bibles for America toll free at 888-551-0102.
[59:40.000 --> 59:45.000]  That's 888-551-0102.
[59:45.000 --> 59:50.000]  Or visit us online at bfa.org.
[59:50.000 --> 01:00:00.000]  Live free speech radio, logosradionetwork.com.
[01:00:00.000 --> 01:00:05.000]  The following news flash is brought to you by the Low Star Lowdown,
[01:00:05.000 --> 01:00:08.000]  providing your daily bulletins for the commodity market.
[01:00:08.000 --> 01:00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:28.000]  Markets for Wednesday, the 4th of May, 2016, are currently treading with gold at $1,274.01 an ounce,
[01:00:28.000 --> 01:00:33.000]  silver $17.26 an ounce, Texas crude $43.65 a barrel,
[01:00:33.000 --> 01:00:42.000]  and Bitcoin is currently at about $448 U.S. currency.
[01:00:42.000 --> 01:00:49.000]  Today in history, the year 1415, Protestant Christian Reformers John Wycliffe and Jan Hus
[01:00:49.000 --> 01:00:52.000]  are condemned as heretics at the Council of Constance.
[01:00:52.000 --> 01:00:55.000]  This declaration led to the digging up and burning of Wycliffe's bones,
[01:00:55.000 --> 01:00:59.000]  who had died a few decades before, with his ashes being dumped into a river.
[01:00:59.000 --> 01:01:03.000]  Into the eventual execution of Jan Hus by burning at the stake.
[01:01:03.000 --> 01:01:13.000]  Yet another attempt at stamping out Protestantism via the Catholic Inquisition today in history.
[01:01:13.000 --> 01:01:18.000]  In recent news, White House spokesman Josh Earnest said concerning President Obama's first visit to Flint, Michigan,
[01:01:18.000 --> 01:01:21.000]  in response to the lead poisoning crisis that has been happening there,
[01:01:21.000 --> 01:01:25.000]  that, quote, this administration will continue to help mobilize the resources necessary
[01:01:25.000 --> 01:01:28.000]  that will allow Flint to recover and come back stronger than ever.
[01:01:28.000 --> 01:01:30.000]  This is not an exercise in finger pointing.
[01:01:30.000 --> 01:01:34.000]  This is an exercise in asserting the responsibility that everybody has to make sure
[01:01:34.000 --> 01:01:37.000]  the people of Flint have an opportunity to get back on their feet.
[01:01:37.000 --> 01:01:40.000]  President Obama did declare a state of emergency in mid-January
[01:01:40.000 --> 01:01:43.000]  and ordered federal aid in addition to the state and local response.
[01:01:43.000 --> 01:01:47.000]  His first priority in Flint is to be updated on the federal response to the crisis
[01:01:47.000 --> 01:01:55.000]  and is even meeting with some city residents.
[01:01:55.000 --> 01:01:59.000]  Israel's Justice Minister Ayelet Shaked in an interview with the Washington Post
[01:01:59.000 --> 01:02:04.000]  stated today that, quote, in the past we've seen European leaders speaking against the Jews.
[01:02:04.000 --> 01:02:06.000]  Now we see them speaking against Israel.
[01:02:06.000 --> 01:02:10.000]  It is the same anti-Semitism of blood libel spreading lies, distorting reality,
[01:02:10.000 --> 01:02:13.000]  and brainwashing people into hating Israel and the Jews.
[01:02:13.000 --> 01:02:17.000]  She went as far as to say that the supporters of movements such as BDS,
[01:02:17.000 --> 01:02:21.000]  which call for putting economic and political pressure on Israel in order to achieve compliance
[01:02:21.000 --> 01:02:25.000]  with international law and gain rights for Palestinians, are, quote,
[01:02:25.000 --> 01:02:29.000]  using the same kind of anti-Semitism, but instead of saying they're against the Jews,
[01:02:29.000 --> 01:02:31.000]  they say that they're against Israel.
[01:02:31.000 --> 01:02:34.000]  In response to comments made in recent weeks by members of Britain's Labour Party
[01:02:34.000 --> 01:02:37.000]  claiming that Hitler was a Zionist and previous remarks by lawmakers
[01:02:37.000 --> 01:02:41.000]  that Israel's population should be transported out of the Middle East to America,
[01:02:41.000 --> 01:02:45.000]  Shaked stated that, quote, today it is not politically correct to be anti-Semitic,
[01:02:45.000 --> 01:02:48.000]  but being anti-Israeli is acceptable.
[01:02:48.000 --> 01:02:53.000]  People who have such anti-Semitic views should not be allowed to hold central leadership positions.
[01:02:53.000 --> 01:03:20.000]  This is Rick Brody with your Lowdown for May 4th, 2016.
[01:03:23.000 --> 01:03:29.000]  Okay, we are back.
[01:03:29.000 --> 01:03:35.000]  Randy Kelton, Vet Pack, Riverblood Radio, and we have a special guest on this evening.
[01:03:35.000 --> 01:03:47.000]  I brought Vet on as a co-host because she had a talent and a professional skill.
[01:03:47.000 --> 01:03:52.000]  I'm just a gold-redneck chump who happens to study some law.
[01:03:52.000 --> 01:04:01.000]  I don't really have talent for this, for what I'm doing, or professional skills in this area,
[01:04:01.000 --> 01:04:06.000]  but Vet does, so she will be increasing our technology.
[01:04:06.000 --> 01:04:12.000]  And she has a daughter, Sembri, who's just turned 10.
[01:04:12.000 --> 01:04:21.000]  And in speaking to Sembri, it's clear that the apple does not fall far from the tree.
[01:04:21.000 --> 01:04:24.000]  She just had a birthday. Hello, Sembri.
[01:04:24.000 --> 01:04:29.000]  Tell everybody how many digits are in your birthday.
[01:04:29.000 --> 01:04:33.000]  I'm turning 10, and it's two digits.
[01:04:33.000 --> 01:04:38.000]  Wonderful. So when you grow up, what are you going to do for a living?
[01:04:38.000 --> 01:04:41.000]  What are you going to be when you grow up?
[01:04:41.000 --> 01:04:45.000]  I'm going to be a veterinarian because I love animals.
[01:04:45.000 --> 01:04:48.000]  Wonderful.
[01:04:48.000 --> 01:04:51.000]  Well, I suspect you will be very good at it.
[01:04:51.000 --> 01:04:54.000]  Okay. Get your mother back.
[01:04:54.000 --> 01:04:58.000]  And now we're going to go to Scott in Texas.
[01:04:58.000 --> 01:05:00.000]  Hello, Mr. Scott.
[01:05:00.000 --> 01:05:04.000]  Hello, Mr. Lane.
[01:05:04.000 --> 01:05:10.000]  Sembri is, she would, I'm not her grandpa, but if I was her grandpa,
[01:05:10.000 --> 01:05:15.000]  she would absolutely melt a grandpa's heart.
[01:05:15.000 --> 01:05:18.000]  Thank you.
[01:05:18.000 --> 01:05:20.000]  Okay.
[01:05:20.000 --> 01:05:23.000]  Vette, you got preempt there.
[01:05:23.000 --> 01:05:29.000]  You're going to have to compete for this spot.
[01:05:29.000 --> 01:05:33.000]  Okay, Scott, what do you have for us today?
[01:05:33.000 --> 01:05:38.000]  Well, it looks like, oh, as far as the guy, you know.
[01:05:38.000 --> 01:05:40.000]  Hold on, hold on.
[01:05:40.000 --> 01:05:43.000]  You're sounding real growly.
[01:05:43.000 --> 01:05:46.000]  Back the mic away from your mouth a little bit.
[01:05:46.000 --> 01:05:48.000]  How's that?
[01:05:48.000 --> 01:05:50.000]  That's a little bit better.
[01:05:50.000 --> 01:05:51.000]  Okay.
[01:05:51.000 --> 01:05:56.000]  Well, as far as the speeding, the 545.0, blah, blah, blah,
[01:05:56.000 --> 01:06:01.000]  you can only be charged for speeding if you have wrecked with another person
[01:06:01.000 --> 01:06:04.000]  or vehicle lawfully upon or entering the highway.
[01:06:04.000 --> 01:06:08.000]  And since it's a Malin Pro Hemo, they have to charge you with both sections
[01:06:08.000 --> 01:06:15.000]  because first they try to say it's just some vague description of traveling
[01:06:15.000 --> 01:06:18.000]  and the next part, but that's what they don't include,
[01:06:18.000 --> 01:06:22.000]  is that you have to hit another person or vehicle in order to be charged
[01:06:22.000 --> 01:06:24.000]  for speeding initially.
[01:06:24.000 --> 01:06:32.000]  So, but then that goes back to the sign of speed signs, 201.904, I believe,
[01:06:32.000 --> 01:06:41.000]  where the speed sign specifically states they are only for commercial vehicles, period.
[01:06:41.000 --> 01:06:46.000]  So even you can't be speeding because you would have to be violating that sign.
[01:06:46.000 --> 01:06:48.000]  You're not a commercial vehicle.
[01:06:48.000 --> 01:06:52.000]  My favorite thing is to say, it's like, officer, could you please tell me
[01:06:52.000 --> 01:06:56.000]  your mate, Maula, the color of the bus I was driving,
[01:06:56.000 --> 01:07:01.000]  for you to allegedly charge me for speeding, violating that sign right there?
[01:07:01.000 --> 01:07:04.000]  Because that's all it specifically states in the book.
[01:07:04.000 --> 01:07:07.000]  That's what happens when you read it.
[01:07:07.000 --> 01:07:15.000]  Okay, just for our listeners, never ever ask that of the police officer.
[01:07:15.000 --> 01:07:18.000]  No, no, no, you don't school them.
[01:07:18.000 --> 01:07:23.000]  Yes, I'm sorry, don't ask of the police officer on the highway
[01:07:23.000 --> 01:07:30.000]  because you don't want to alert him so that he does a better job.
[01:07:30.000 --> 01:07:33.000]  You want him to be fat and sassy.
[01:07:33.000 --> 01:07:36.000]  You don't want to ask him that when you get him on the stand
[01:07:36.000 --> 01:07:39.000]  in front of the judge and the jury.
[01:07:39.000 --> 01:07:43.000]  Bush Act is the rule.
[01:07:43.000 --> 01:07:45.000]  Okay, go ahead, Scott.
[01:07:45.000 --> 01:07:50.000]  That's already coming up for the Addison deal,
[01:07:50.000 --> 01:07:56.000]  but now is to put the criminal complaint for conspiracy against all the people
[01:07:56.000 --> 01:08:00.000]  because I took it to the Dallas County grand jury for the cop
[01:08:00.000 --> 01:08:03.000]  and I took it to the Tarrant County grand jury for the judge
[01:08:03.000 --> 01:08:08.000]  and the Tarrant County grand jury stood down, the foreman stood down,
[01:08:08.000 --> 01:08:13.000]  so now I'll complain against him, submit that, and then it can...
[01:08:13.000 --> 01:08:15.000]  Okay, hold on, hold on.
[01:08:15.000 --> 01:08:20.000]  Let's explain stood down.
[01:08:20.000 --> 01:08:27.000]  Oh, the foreman, no, the bailiff of the Dallas County grand jury
[01:08:27.000 --> 01:08:31.000]  when presented with a criminal complaint by a credible person
[01:08:31.000 --> 01:08:37.000]  didn't present it to the foreman of the grand jury so that they could proceed.
[01:08:37.000 --> 01:08:41.000]  Instead, it got tossed in the trash can according to...
[01:08:41.000 --> 01:08:42.000]  Hold on, hold on.
[01:08:42.000 --> 01:08:44.000]  How do you know that?
[01:08:44.000 --> 01:08:49.000]  Because that's what a special investigator said when I went up to the 11th floor
[01:08:49.000 --> 01:08:51.000]  of the DA's office to ask them how...
[01:08:51.000 --> 01:08:56.000]  because I went to go read the minutes of the grand jury to find out what was going on.
[01:08:56.000 --> 01:08:59.000]  They didn't have no record of it.
[01:08:59.000 --> 01:09:03.000]  Who was the special investigator?
[01:09:03.000 --> 01:09:05.000]  I got his name wrote down.
[01:09:05.000 --> 01:09:09.000]  Okay, that is wonderful.
[01:09:09.000 --> 01:09:18.000]  So now we file directly against the bailiff and not the foreman.
[01:09:18.000 --> 01:09:25.000]  Yeah, well, here, wait, it gets better because after the Mr. Special Investigator told me the protocol
[01:09:25.000 --> 01:09:34.000]  is I had to go to Addison to file with IA to see if they'll make the criminal charges against the cop,
[01:09:34.000 --> 01:09:39.000]  go up the chain of command so it would go back up to the prosecutor there
[01:09:39.000 --> 01:09:44.000]  and they could present it to the Dallas County grand jury so it could proceed.
[01:09:44.000 --> 01:09:45.000]  Okay, fine.
[01:09:45.000 --> 01:09:48.000]  So now I go to the city of Addison.
[01:09:48.000 --> 01:09:51.000]  The only person I could submit a criminal complaint to is the sergeant.
[01:09:51.000 --> 01:09:54.000]  The sergeant refused to take the criminal complaint.
[01:09:54.000 --> 01:09:58.000]  So I wrote a criminal complaint up against him, submitted it to the judge
[01:09:58.000 --> 01:10:02.000]  because the sergeant refused to take the criminal complaint against the cop and a judge,
[01:10:02.000 --> 01:10:05.000]  the same judge in the courthouse.
[01:10:05.000 --> 01:10:13.000]  So yeah, now it's a criminal conspiracy amongst everybody because I can't get any remedy in law.
[01:10:13.000 --> 01:10:17.000]  Okay, back up, who is the Special Investigator?
[01:10:17.000 --> 01:10:20.000]  How did you get a hold of him?
[01:10:20.000 --> 01:10:25.000]  I went up to, I remember I called you because I went to...
[01:10:25.000 --> 01:10:29.000]  No, no, look, look, you're talking to an audience here.
[01:10:29.000 --> 01:10:31.000]  I know, okay.
[01:10:31.000 --> 01:10:33.000]  Tell the audience what went on.
[01:10:33.000 --> 01:10:35.000]  I know what went on.
[01:10:35.000 --> 01:10:37.000]  Okay, okay, okay.
[01:10:37.000 --> 01:10:43.000]  So when I went to go read the minutes of the grand jury because of the criminal complaint,
[01:10:43.000 --> 01:10:45.000]  nothing came back.
[01:10:45.000 --> 01:10:49.000]  Like the one in Fort Worth came back where the foreman said,
[01:10:49.000 --> 01:10:51.000]  no, we're not going to proceed, we don't have jurisdiction,
[01:10:51.000 --> 01:11:02.000]  which all courts, grand juries, they have jurisdiction over everything in the state of Texas.
[01:11:02.000 --> 01:11:05.000]  They can hear any criminal complaint anywhere in Texas.
[01:11:05.000 --> 01:11:09.000]  He stood down, but the foreman of the Dallas County,
[01:11:09.000 --> 01:11:14.000]  they trashed it according to what the lieutenant said of their Special Investigator.
[01:11:14.000 --> 01:11:20.000]  Okay, Scott, Scott, I'm asking for discipline.
[01:11:20.000 --> 01:11:28.000]  I'm asking for what you actually know as opposed to what you think.
[01:11:28.000 --> 01:11:30.000]  No.
[01:11:30.000 --> 01:11:39.000]  Okay, now you said that the bailiff trashed it, so the foreman never got it as far as you know.
[01:11:39.000 --> 01:11:41.000]  You know you gave it to the bailiff.
[01:11:41.000 --> 01:11:43.000]  Correct.
[01:11:43.000 --> 01:11:46.000]  Do you know that the bailiff gave it to the foreman?
[01:11:46.000 --> 01:11:48.000]  Negative.
[01:11:48.000 --> 01:11:53.000]  You don't know if the foreman had anything to do with this at all.
[01:11:53.000 --> 01:11:57.000]  All you know is you put it in the hand of the bailiff.
[01:11:57.000 --> 01:12:07.000]  See, that works really well because most likely somebody instructed the bailiff in what to do with it.
[01:12:07.000 --> 01:12:15.000]  Okay, that's really cool because that's legal advice.
[01:12:15.000 --> 01:12:24.000]  And when somebody gives legal advice, they don't have any immunity.
[01:12:24.000 --> 01:12:33.000]  So now you go for the bailiff and accuse the bailiff of tampering with the government document and obstruction.
[01:12:33.000 --> 01:12:39.000]  And the bailiff is going to have a hissy fit because he was told what to do with it.
[01:12:39.000 --> 01:12:44.000]  He will tell you who told it.
[01:12:44.000 --> 01:12:50.000]  Then you get to sue them personally.
[01:12:50.000 --> 01:12:55.000]  It's a lot more fun when you follow the code really careful.
[01:12:55.000 --> 01:12:57.000]  So you gave it to the bailiff.
[01:12:57.000 --> 01:12:59.000]  Nothing happened.
[01:12:59.000 --> 01:13:01.000]  All right.
[01:13:01.000 --> 01:13:04.000]  And so according to the minutes, there was no minutes of the grand jury.
[01:13:04.000 --> 01:13:07.000]  The whole reason I was there.
[01:13:07.000 --> 01:13:10.000]  Okay, whoa, hold on, back up.
[01:13:10.000 --> 01:13:16.000]  You went to Dallas County and you said there were no minutes of the grand jury?
[01:13:16.000 --> 01:13:23.000]  They had no record of what I was talking about in the minutes of the grand jury.
[01:13:23.000 --> 01:13:27.000]  And they didn't even present any minutes of the grand jury to me.
[01:13:27.000 --> 01:13:31.000]  Okay, so they did have minutes.
[01:13:31.000 --> 01:13:35.000]  No, they didn't have any that they could show me of anything.
[01:13:35.000 --> 01:13:37.000]  Okay, that's what I was trying to get to.
[01:13:37.000 --> 01:13:42.000]  You're being really, really unclear as to what actually happened.
[01:13:42.000 --> 01:13:47.000]  You're kind of mixing what you think happened with what you know actually happened.
[01:13:47.000 --> 01:13:50.000]  So you went and asked for the minutes of the grand jury,
[01:13:50.000 --> 01:13:53.000]  and they didn't show you the minutes of the grand jury.
[01:13:53.000 --> 01:13:55.000]  Correct.
[01:13:55.000 --> 01:14:03.000]  Okay, you need to go back and give a written request for the minutes of the grand jury.
[01:14:03.000 --> 01:14:12.000]  It may well be that all of their indictments are illegal.
[01:14:12.000 --> 01:14:14.000]  How's that?
[01:14:14.000 --> 01:14:20.000]  20.21 Texas Code of Criminal Procedure says that the grand jury,
[01:14:20.000 --> 01:14:28.000]  after they have voted, shall come before the court with a quorum of the grand jury present
[01:14:28.000 --> 01:14:36.000]  to read the fact of the court or the clerk and read the fact of the indictment to the court,
[01:14:36.000 --> 01:14:41.000]  and the clerk shall make notes in the minutes of the court.
[01:14:41.000 --> 01:14:43.000]  That's a statutory requirement.
[01:14:43.000 --> 01:14:47.000]  You want to see those minutes referenced by 20.21.
[01:14:47.000 --> 01:14:49.000]  You asked for them.
[01:14:49.000 --> 01:14:51.000]  They told you they don't have them.
[01:14:51.000 --> 01:14:58.000]  So how did the grand jury report the fact of an indictment to the court?
[01:14:58.000 --> 01:15:05.000]  If they didn't do it statutorily, they did it outside the rule of law.
[01:15:05.000 --> 01:15:11.000]  That would render the indictment void.
[01:15:11.000 --> 01:15:15.000]  This is a statutory provision intended to prevent the prosecutor
[01:15:15.000 --> 01:15:23.000]  and the foreman from getting together and making up whatever they want to and filing it.
[01:15:23.000 --> 01:15:28.000]  There had to be a quorum of the grand jury present.
[01:15:28.000 --> 01:15:30.000]  This is not an informal procedure.
[01:15:30.000 --> 01:15:32.000]  It's very formal.
[01:15:32.000 --> 01:15:43.000]  If you go to Johnson County, when the grand jury finishes, the court will convene a hearing.
[01:15:43.000 --> 01:15:50.000]  We sat and watched it, and the foreman, the judge will ask the foreman,
[01:15:50.000 --> 01:15:52.000]  does the foreman have business with the court?
[01:15:52.000 --> 01:15:54.000]  The foreman will say, yes, Your Honor, we have.
[01:15:54.000 --> 01:15:59.000]  Has the grand jury considered the presentments brought to it?
[01:15:59.000 --> 01:16:01.000]  Yes, Your Honor, we have.
[01:16:01.000 --> 01:16:07.000]  Will you read the results of your deliberations to the court?
[01:16:07.000 --> 01:16:11.000]  The foreman stands up with the grand jury sitting behind him
[01:16:11.000 --> 01:16:16.000]  and reads the fact that they actually read the true bills and no bills,
[01:16:16.000 --> 01:16:18.000]  and the clerk makes notes.
[01:16:18.000 --> 01:16:22.000]  Write how the book says they should do it.
[01:16:22.000 --> 01:16:26.000]  This is a formal procedure.
[01:16:26.000 --> 01:16:32.000]  Most counties don't do it that way, and they should.
[01:16:32.000 --> 01:16:34.000]  Part of what we're working on.
[01:16:34.000 --> 01:16:43.000]  If you have a reason to believe they don't have any indictments, say, any minutes, then they have a serious problem.
[01:16:43.000 --> 01:16:46.000]  But we'll pick this up on the other side.
[01:16:46.000 --> 01:16:52.000]  That's what you want to take us out.
[01:16:52.000 --> 01:16:53.000]  Maybe not.
[01:16:53.000 --> 01:16:54.000]  Randy Kelton, Wheel of Law Radio.
[01:16:54.000 --> 01:16:57.000]  Randy Kelton, Vet P. Pack, Wheel of Law Radio.
[01:16:57.000 --> 01:17:04.000]  We'll be right back.
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[01:18:53.000 --> 01:19:02.000]  This is the Logos Radio Network.
[01:19:02.000 --> 01:19:22.000]  This is the Logos Radio Network.
[01:19:22.000 --> 01:19:46.000]  This is Randy Kelton and Bet Pac with Rule of Law Radio.
[01:19:46.000 --> 01:19:52.000]  We are back from break and we have Scott on the line right now.
[01:19:52.000 --> 01:19:54.000]  Scott, I have a question.
[01:19:54.000 --> 01:19:59.000]  You know, I know you're so involved with this and it's got to be very frustrating.
[01:19:59.000 --> 01:20:04.000]  But my big question is, you called us tonight for what?
[01:20:04.000 --> 01:20:05.000]  What are you needing from us?
[01:20:05.000 --> 01:20:06.000]  What questions do you have for us?
[01:20:06.000 --> 01:20:09.000]  How can we help you?
[01:20:09.000 --> 01:20:16.000]  Well, I'm going to be about getting all these cases put together.
[01:20:16.000 --> 01:20:20.000]  So submit them over there to the Tarrant County Grand Jury.
[01:20:20.000 --> 01:20:25.000]  And they should have jurisdiction to proceed with this conspiracy charge.
[01:20:25.000 --> 01:20:29.000]  So that's about it.
[01:20:29.000 --> 01:20:32.000]  Okay, great.
[01:20:32.000 --> 01:20:35.000]  Randy, did you have something to add?
[01:20:35.000 --> 01:20:43.000]  Yeah, I was adding a whole lot until I figured out somebody had muted my mic again.
[01:20:43.000 --> 01:20:51.000]  What we're really talking about here, Scott, is we're working on use of language.
[01:20:51.000 --> 01:20:57.000]  You told us what you were going to do, but I really don't know what that means.
[01:20:57.000 --> 01:21:05.000]  What I'm saying is you're tending to be somewhat inspecific.
[01:21:05.000 --> 01:21:13.000]  And what conspiracy?
[01:21:13.000 --> 01:21:20.000]  Well, wouldn't it be construed as conspiracy that the city of Addison,
[01:21:20.000 --> 01:21:23.000]  well, basically if you're trying, you're not trying,
[01:21:23.000 --> 01:21:27.000]  you're presenting a criminal complaint to the Grand Jury that stood down,
[01:21:27.000 --> 01:21:32.000]  then you go through the proper channels, which according to Dallas County
[01:21:32.000 --> 01:21:37.000]  Special Investigator, you go to the city to present a criminal complaint,
[01:21:37.000 --> 01:21:42.000]  but they refuse to take the criminal complaint and you have no remedy.
[01:21:42.000 --> 01:21:48.000]  So there has to be some form of conspiracy somewhere in there,
[01:21:48.000 --> 01:21:53.000]  because how can you get remedy?
[01:21:53.000 --> 01:21:56.000]  Okay, you're still being vague.
[01:21:56.000 --> 01:22:04.000]  I'm suggesting a way to present information so that it makes sense to a listener
[01:22:04.000 --> 01:22:07.000]  that doesn't know all of the specifics and the details.
[01:22:07.000 --> 01:22:12.000]  I've been working with Scott on this, and I know most of what's going on.
[01:22:12.000 --> 01:22:17.000]  But in listening to how you're presenting it, I'm not getting referential index.
[01:22:17.000 --> 01:22:20.000]  I'm not really sure where you're at in this overall process.
[01:22:20.000 --> 01:22:26.000]  And I'm just suggesting about before we tell someone what we're going to do,
[01:22:26.000 --> 01:22:28.000]  we need to frame it.
[01:22:28.000 --> 01:22:33.000]  I went to the court and they did these things improperly.
[01:22:33.000 --> 01:22:38.000]  So I went to the Grand Jury to file these and this investigator said,
[01:22:38.000 --> 01:22:39.000]  well, you're not supposed to come here.
[01:22:39.000 --> 01:22:41.000]  You need to go to the police department.
[01:22:41.000 --> 01:22:46.000]  Then I went to the police department and the police department refused to take my complaints.
[01:22:46.000 --> 01:22:50.000]  And so I went to their next superior and they refused to take it.
[01:22:50.000 --> 01:22:54.000]  So what's my remedy?
[01:22:54.000 --> 01:22:56.000]  Does that make sense?
[01:22:56.000 --> 01:22:57.000]  Yes.
[01:22:57.000 --> 01:23:01.000]  Now you kind of got referential index of where you're at.
[01:23:01.000 --> 01:23:06.000]  You tried to follow, you went to the Grand Jury, which I read the code.
[01:23:06.000 --> 01:23:10.000]  And when you were saying, they said, well, you have to go to the police department.
[01:23:10.000 --> 01:23:15.000]  My question was, well, where is that in code?
[01:23:15.000 --> 01:23:17.000]  I can't find that in coding.
[01:23:17.000 --> 01:23:20.000]  Are you going to show me where that's at?
[01:23:20.000 --> 01:23:23.000]  Or did you just make that up?
[01:23:23.000 --> 01:23:26.000]  Because I don't have to do anything that the code doesn't tell me.
[01:23:26.000 --> 01:23:30.000]  I certainly can't find that in the code.
[01:23:30.000 --> 01:23:40.000]  So whoever this is, he is deliberately directing you toward a set of procedures.
[01:23:40.000 --> 01:23:47.000]  And this kind of goes to contract law.
[01:23:47.000 --> 01:23:50.000]  And this is what Deborah will talk about a lot.
[01:23:50.000 --> 01:23:54.000]  I'm not under contract with the court.
[01:23:54.000 --> 01:23:57.000]  I'm not under contract with the police department.
[01:23:57.000 --> 01:24:05.000]  If I'm a police officer, I have to take my complaint to my superiors and they take it to the prosecuting attorney.
[01:24:05.000 --> 01:24:09.000]  And they follow these procedures and protocols.
[01:24:09.000 --> 01:24:12.000]  But I don't have anything to do with that.
[01:24:12.000 --> 01:24:14.000]  That'll work for these guys.
[01:24:14.000 --> 01:24:16.000]  They're all my servants.
[01:24:16.000 --> 01:24:18.000]  I am the master.
[01:24:18.000 --> 01:24:29.000]  And as the master, I may do anything that I want to unless the law specifically forbids me to do something
[01:24:29.000 --> 01:24:32.000]  and specifically dictates what I must do.
[01:24:32.000 --> 01:24:36.000]  So what dictates that?
[01:24:36.000 --> 01:24:41.000]  And I've asked more than one cop this, well, where'd you get that from?
[01:24:41.000 --> 01:24:43.000]  I can't find that in code.
[01:24:43.000 --> 01:24:45.000]  And they always say, well, this is how we do it.
[01:24:45.000 --> 01:24:47.000]  Well, I don't care how you do it.
[01:24:47.000 --> 01:24:49.000]  I'm not you. I don't work for you.
[01:24:49.000 --> 01:24:51.000]  I don't work for your boss.
[01:24:51.000 --> 01:24:54.000]  Unless you guys will start cutting me checks.
[01:24:54.000 --> 01:25:05.000]  But until you do, I follow code and the code says all complaints are directed to some magistrate.
[01:25:05.000 --> 01:25:07.000]  So where's the magistrate?
[01:25:07.000 --> 01:25:08.000]  Okay.
[01:25:08.000 --> 01:25:09.000]  Back to you.
[01:25:09.000 --> 01:25:12.000]  I keep getting off on tangents.
[01:25:12.000 --> 01:25:15.000]  Scott has been going after this guy.
[01:25:15.000 --> 01:25:19.000]  And this is not about whether he's doing it right or wrong.
[01:25:19.000 --> 01:25:21.000]  He's doing it right.
[01:25:21.000 --> 01:25:27.000]  What he's not able to do is explain it clearly so we understand where he's at.
[01:25:27.000 --> 01:25:32.000]  And Scott, I'm very deliberately using you.
[01:25:32.000 --> 01:25:38.000]  How does it feel to be used?
[01:25:38.000 --> 01:25:41.000]  And Scott is a quick study.
[01:25:41.000 --> 01:25:45.000]  He sent me some complaints that he wanted me to file.
[01:25:45.000 --> 01:25:50.000]  And I looked them over and I sent them back to him and told him these are trash.
[01:25:50.000 --> 01:25:52.000]  And he took those and I gave him some suggestions.
[01:25:52.000 --> 01:25:54.000]  He took complaints and rewrote them.
[01:25:54.000 --> 01:25:59.000]  The third time he sent me a set of complaints, they were excellent.
[01:25:59.000 --> 01:26:08.000]  So he's gotten good at writing the documents, preparing documents, writing statement of facts.
[01:26:08.000 --> 01:26:19.000]  Now I'm trying to up your skill on addressing the issues in a way that a person that doesn't know anything about it can make sense of.
[01:26:19.000 --> 01:26:26.000]  And the hardest thing for us, Scott, you're really deeply involved in these facts.
[01:26:26.000 --> 01:26:34.000]  And the hardest thing to do is know when you're talking to someone that doesn't know any of the facts,
[01:26:34.000 --> 01:26:45.000]  is to understand which facts you have to give them that will act as guideposts to give them a referential index
[01:26:45.000 --> 01:26:49.000]  so they can follow where you're at without getting lost.
[01:26:49.000 --> 01:26:52.000]  Does that make sense, Scott?
[01:26:52.000 --> 01:26:54.000]  Yep. Got it.
[01:26:54.000 --> 01:27:01.000]  You know, I talk to legal researchers all over and legal researchers who do massive amounts of research,
[01:27:01.000 --> 01:27:06.000]  they tend to be loners, they spend a lot of time by themselves researching.
[01:27:06.000 --> 01:27:11.000]  And often they are not great communicators.
[01:27:11.000 --> 01:27:17.000]  So they know this information, but they don't know how to tell it to somebody else
[01:27:17.000 --> 01:27:28.000]  because the basic simple stuff that we need to become oriented, they know so well they forget to tell us.
[01:27:28.000 --> 01:27:33.000]  So they're giving us what they can construe to be a clear and concise explanation,
[01:27:33.000 --> 01:27:38.000]  and we're sitting here with our eyes glazed over.
[01:27:38.000 --> 01:27:43.000]  So I'm working on a referential index.
[01:27:43.000 --> 01:27:48.000]  Which, okay, I don't even know where you're at now.
[01:27:48.000 --> 01:27:54.000]  Scott's had happen to him what happens often when you start taking them on.
[01:27:54.000 --> 01:28:01.000]  You never have problems finding enough criminal complaints to file.
[01:28:01.000 --> 01:28:05.000]  The problem is you get so many you can't keep up with them.
[01:28:05.000 --> 01:28:16.000]  And then you have to develop some skill at only getting the complaints you want to have.
[01:28:16.000 --> 01:28:20.000]  Because if you're not real careful in how you deal with these people,
[01:28:20.000 --> 01:28:25.000]  you wind up getting dragged out of the court house and your face smashed into concrete.
[01:28:25.000 --> 01:28:28.000]  Not a fight I wanted to have.
[01:28:28.000 --> 01:28:34.000]  You wind up with them doing really stupid stuff and lead you off on tangents.
[01:28:34.000 --> 01:28:39.000]  One of the reasons I suggest that people never argue with the police on the street,
[01:28:39.000 --> 01:28:45.000]  because it creates all of these extra arguments like getting your window broke out
[01:28:45.000 --> 01:28:51.000]  and having to put it on YouTube and get 1.8 million hits that worked out pretty good.
[01:28:51.000 --> 01:28:55.000]  But it keeps you from having these extra difficulties.
[01:28:55.000 --> 01:29:06.000]  So try to work real hard in deciding where you're trying to get to.
[01:29:06.000 --> 01:29:10.000]  And look at the complaints you want to have.
[01:29:10.000 --> 01:29:15.000]  And look at what they're doing and see if you want to raise an issue over what they're doing.
[01:29:15.000 --> 01:29:20.000]  I had a bailiff once drag me out of the courthouse and knock me down, break my elbow.
[01:29:20.000 --> 01:29:24.000]  I didn't go after him for that because it didn't fit with where I was trying to get to.
[01:29:24.000 --> 01:29:27.000]  I'm not sure if I'm making sense.
[01:29:27.000 --> 01:29:30.000]  I'm having, I'm struggling in how to explain this.
[01:29:30.000 --> 01:29:32.000]  So it does make sense.
[01:29:32.000 --> 01:29:39.000]  So I probably sound just as distracted as I'm accusing you of being, Scott.
[01:29:39.000 --> 01:29:41.000]  Okay.
[01:29:41.000 --> 01:29:50.000]  This is Randy Kelton Vet Pack, the rule of our radio on this Friday, the sixth day of May 2016.
[01:29:50.000 --> 01:29:54.000]  Our call out lines are open.
[01:29:54.000 --> 01:29:56.000]  We'll finish up with you on the other side, Scott.
[01:29:56.000 --> 01:29:58.000]  We've got a whole board of callers today.
[01:29:58.000 --> 01:30:03.000]  We'll be right back.
[01:30:03.000 --> 01:30:04.000]  Listen up, Brainiacs.
[01:30:04.000 --> 01:30:07.000]  Chewing gum may not be so good the night before a test.
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[01:30:13.000 --> 01:30:17.000]  Back to burst your bubble gum bubble right after this.
[01:30:17.000 --> 01:30:19.000]  Privacy is under attack.
[01:30:19.000 --> 01:30:22.000]  If you give up data about yourself, you'll never get it back again.
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[01:32:57.000 --> 01:32:59.000]  Discounts are based on full roof replacement.
[01:32:59.000 --> 01:33:09.000]  May not actually be kidding about chemtrails.
[01:33:29.000 --> 01:33:39.000]  This is Randy Kelton and Zed Pack with Road Full of Law Radio, back from Brooklyn.
[01:33:39.000 --> 01:33:42.000]  And we are talking with Scott.
[01:33:42.000 --> 01:33:48.000]  Let me get him back on here.
[01:33:48.000 --> 01:33:50.000]  Okay, I've got him unmuted.
[01:33:50.000 --> 01:33:51.000]  Okay.
[01:33:51.000 --> 01:34:00.000]  Basically, I'm done, and what time are you going out there? Just give a shout out to the Hyde Park Grand Jury Rally.
[01:34:00.000 --> 01:34:03.000]  It starts at 11. What time do you plan on being out there?
[01:34:03.000 --> 01:34:07.000]  I plan out there on being there about 11.
[01:34:07.000 --> 01:34:17.000]  Bob Smiley is hosting a rally for fully informed juries tomorrow, May the 7th, at Hyde Park in Fort Worth.
[01:34:17.000 --> 01:34:21.000]  So anybody who's in the Dallas-Fort Worth area, you might come down there.
[01:34:21.000 --> 01:34:27.000]  It's a good place to get to know some more of the activists in the community.
[01:34:27.000 --> 01:34:39.000]  I'll be down there this week, and we're going to try to start engaging more with the local reform community than I have in the past.
[01:34:39.000 --> 01:34:46.000]  So we hope to be bringing more events that are going on and getting people there and getting some things done.
[01:34:46.000 --> 01:34:53.000]  We are really beginning to make some headway, so we need more people to participate.
[01:34:53.000 --> 01:34:56.000]  We're developing some really powerful tools.
[01:34:56.000 --> 01:35:00.000]  We're going to get them into the hands of people who can actually go in there and make some change.
[01:35:00.000 --> 01:35:03.000]  And thank you, Scott. Scott's one of them.
[01:35:03.000 --> 01:35:10.000]  Scott's one that's actually going after these judges, police officers, and prosecutors.
[01:35:10.000 --> 01:35:14.000]  This is how we improve the system.
[01:35:14.000 --> 01:35:16.000]  Okay. Thank you, Scott.
[01:35:16.000 --> 01:35:20.000]  Now we're going to go to Chris in Pennsylvania.
[01:35:20.000 --> 01:35:23.000]  Hello, Mr. Chris.
[01:35:23.000 --> 01:35:25.000]  Hello, Randy. How are you?
[01:35:25.000 --> 01:35:27.000]  I am good.
[01:35:27.000 --> 01:35:32.000]  So what is happening with your – let me give a little brief on Chris.
[01:35:32.000 --> 01:35:37.000]  Chris filed a Chapter 17 claim the property is unsecured.
[01:35:37.000 --> 01:35:42.000]  This is something we simply cannot get lawyers to do.
[01:35:42.000 --> 01:35:48.000]  We had a case here that the people I work with didn't want to handle.
[01:35:48.000 --> 01:35:52.000]  So we gave it to a lawyer we were working with.
[01:35:52.000 --> 01:35:59.000]  And he filed a bankruptcy, and we told him, make sure you claim the property is unsecured.
[01:35:59.000 --> 01:36:01.000]  He didn't.
[01:36:01.000 --> 01:36:07.000]  Then he claimed a defect in title, and the bankruptcy judge said,
[01:36:07.000 --> 01:36:16.000]  you can't claim a defect in title. You already stipulated to the validity of the claim.
[01:36:16.000 --> 01:36:19.000]  I wanted to choke this lawyer.
[01:36:19.000 --> 01:36:23.000]  So Chris claimed the property is unsecured.
[01:36:23.000 --> 01:36:28.000]  And then the bank had to come in. They said, oh, no, we have a claim.
[01:36:28.000 --> 01:36:32.000]  And now the court tells them, well, now you have to come and prove it up.
[01:36:32.000 --> 01:36:34.000]  But they didn't get it proved up.
[01:36:34.000 --> 01:36:43.000]  They discharged the debt and bankruptcy that Linder came back to try to foreclose on the date of trust.
[01:36:43.000 --> 01:36:45.000]  Okay. That's kind of the basic.
[01:36:45.000 --> 01:36:48.000]  Where are we from there, Chris?
[01:36:48.000 --> 01:36:53.000]  Well, we're getting kind of – I'm getting really kind of disgusted with this judge.
[01:36:53.000 --> 01:36:56.000]  He's – we've been sitting here.
[01:36:56.000 --> 01:37:01.000]  He gave the bank summary judgment, and then he said, well, no, wait a minute.
[01:37:01.000 --> 01:37:05.000]  The bank isn't holding the correct mortgage and note.
[01:37:05.000 --> 01:37:11.000]  They're holding the construction mortgage and note because that's what they said Wachovia had assigned them.
[01:37:11.000 --> 01:37:14.000]  And we've made this issue in court.
[01:37:14.000 --> 01:37:19.000]  And the judge said, okay, well, let me – we'll give you guys 30 days for the bank to come back
[01:37:19.000 --> 01:37:22.000]  and tell us why you're not entitled to release.
[01:37:22.000 --> 01:37:33.000]  And after doing so, he has still – now, we had this meeting in court a week ago,
[01:37:33.000 --> 01:37:38.000]  and the judge is still unable to make a decision,
[01:37:38.000 --> 01:37:45.000]  which means there is some reason why this should go to trial and the summary judgment should be dismissed.
[01:37:45.000 --> 01:37:49.000]  He's not giving that summary judgment a dismissal.
[01:37:49.000 --> 01:37:55.000]  He's now asked for two weeks to look at the case to see what's going on,
[01:37:55.000 --> 01:38:00.000]  but he's asking that their attorney and our attorney come to some agreement.
[01:38:00.000 --> 01:38:04.000]  It sounds to me as though he just doesn't want to make a decision against the bank.
[01:38:04.000 --> 01:38:09.000]  Clearly, that's what it's about.
[01:38:09.000 --> 01:38:17.000]  And I would suggest you come to the agreement that their attorney can kiss your behind.
[01:38:17.000 --> 01:38:22.000]  Well, that's basically what we're coming to.
[01:38:22.000 --> 01:38:30.000]  For some reason, no one – and I don't know if it's the fact that my attorney needs to file a motion for judicial notice
[01:38:30.000 --> 01:38:38.000]  to make it apparent in the courtroom that this bank is holding something that's already been paid.
[01:38:38.000 --> 01:38:41.000]  We have a construction loan that was refinanced to a mortgage,
[01:38:41.000 --> 01:38:44.000]  so we have two notes and two mortgages on the docket.
[01:38:44.000 --> 01:38:47.000]  The first one is the construction loan, which has been paid off.
[01:38:47.000 --> 01:38:49.000]  That's what they took an assignment of.
[01:38:49.000 --> 01:38:53.000]  The real mortgage still sits somewhere.
[01:38:53.000 --> 01:39:01.000]  And my debate is that if the judge says, okay, we're going to dismiss the summary judgment
[01:39:01.000 --> 01:39:05.000]  and we're going to allow the bank to get their act together and get the real mortgage,
[01:39:05.000 --> 01:39:12.000]  the problem with that being that the mortgage, if it's still sitting with Wachovia, who isn't in business anymore,
[01:39:12.000 --> 01:39:17.000]  they gave up their right to the mortgage when it was discharged under 10%.
[01:39:17.000 --> 01:39:22.000]  Wait a minute. Wait a minute. There's no way that that's illegal.
[01:39:22.000 --> 01:39:31.000]  If they didn't have standing when they walked in the door, the judge can't grant them standing, period.
[01:39:31.000 --> 01:39:37.000]  They have to file a whole new action.
[01:39:37.000 --> 01:39:40.000]  And why hasn't that happened yet?
[01:39:40.000 --> 01:39:42.000]  That's my dilemma.
[01:39:42.000 --> 01:39:44.000]  The judge has bought and paid for it.
[01:39:44.000 --> 01:39:51.000]  He's caught in between a rock and a hard place, and he doesn't want to give you the ruling.
[01:39:51.000 --> 01:40:00.000]  So you might file, well, how long is he waiting? Did you say two weeks?
[01:40:00.000 --> 01:40:03.000]  Yeah, he has another week yet. At the end of this coming week,
[01:40:03.000 --> 01:40:08.000]  he's supposed to make a decision after he reviews what he was supposed to review the first time.
[01:40:08.000 --> 01:40:12.000]  But it appears as though he's not even reading anything that's being put in front of him,
[01:40:12.000 --> 01:40:16.000]  because long ago when we made this in our original pleadings,
[01:40:16.000 --> 01:40:24.000]  he would have seen that the bank is not holding the correct docket mortgage in order to foreclose.
[01:40:24.000 --> 01:40:28.000]  The construction loan doesn't even have a foreclosure clause in it.
[01:40:28.000 --> 01:40:34.000]  So how long has he been sitting on this one decision?
[01:40:34.000 --> 01:40:36.000]  Since July.
[01:40:36.000 --> 01:40:42.000]  You should file a judicial conduct complaint against him.
[01:40:42.000 --> 01:40:45.000]  That's almost a year.
[01:40:45.000 --> 01:40:47.000]  Right.
[01:40:47.000 --> 01:40:50.000]  He's not clearing his docket.
[01:40:50.000 --> 01:40:57.000]  You should file a judicial conduct complaint against him.
[01:40:57.000 --> 01:41:03.000]  It's clear how many motions have been filed in the interim.
[01:41:03.000 --> 01:41:05.000]  Two.
[01:41:05.000 --> 01:41:12.000]  So two motions, almost a year.
[01:41:12.000 --> 01:41:17.000]  Six, seven, eight, nine, this is 11 months, 10 months.
[01:41:17.000 --> 01:41:23.000]  You should file a judicial conduct for failing to clear his docket.
[01:41:23.000 --> 01:41:27.000]  Yeah, I don't understand why he, I thought civil procedure,
[01:41:27.000 --> 01:41:34.000]  if there's one iota of indifference or something that raises a question,
[01:41:34.000 --> 01:41:40.000]  you can't give a summary judgment.
[01:41:40.000 --> 01:41:41.000]  Right.
[01:41:41.000 --> 01:41:46.000]  If there's any matter in contention, you can't have a summary judgment.
[01:41:46.000 --> 01:41:51.000]  He hasn't dropped the summary judgment based on this factor that he keeps.
[01:41:51.000 --> 01:41:57.000]  This guy is obviously dragging his feet trying to prevent you from receiving an adjudication.
[01:41:57.000 --> 01:42:00.000]  You had a right to one six months ago.
[01:42:00.000 --> 01:42:04.000]  File a judicial conduct complaint against him.
[01:42:04.000 --> 01:42:08.000]  You might consider petitioning to have him removed
[01:42:08.000 --> 01:42:14.000]  and replaced with a judge that can rule on the facts and the law.
[01:42:14.000 --> 01:42:17.000]  The judge don't need to be your buddy.
[01:42:17.000 --> 01:42:21.000]  And you can, if you file a judicial conduct complaint,
[01:42:21.000 --> 01:42:24.000]  your lawyer doesn't have anything to do with it.
[01:42:24.000 --> 01:42:26.000]  And if your lawyer tries to talk to you about it,
[01:42:26.000 --> 01:42:28.000]  refuse to talk to your lawyer about it
[01:42:28.000 --> 01:42:33.000]  so that your lawyer has plausible deniability.
[01:42:33.000 --> 01:42:37.000]  The lawyer can't go after the judge to retaliate against the lawyer.
[01:42:37.000 --> 01:42:43.000]  So the lawyer needs to have a unruly client.
[01:42:43.000 --> 01:42:48.000]  There's nothing like an unruly client.
[01:42:48.000 --> 01:42:51.000]  Lawyers hate him, judges hate him, especially judges hate him,
[01:42:51.000 --> 01:42:55.000]  especially when the client's going after the judge.
[01:42:55.000 --> 01:42:58.000]  So you don't have to worry about making the judge mad at you.
[01:42:58.000 --> 01:43:00.000]  He's the servant, you're the master.
[01:43:00.000 --> 01:43:02.000]  You don't care what he does in the end.
[01:43:02.000 --> 01:43:06.000]  You just need to get this to court of appeals.
[01:43:06.000 --> 01:43:10.000]  And he's refusing to give a ruling, dragging his feet,
[01:43:10.000 --> 01:43:16.000]  just a conduct complaint and see if that don't get him off the dime.
[01:43:16.000 --> 01:43:23.000]  Or give him this, at least give him this two weeks if he doesn't do it then.
[01:43:23.000 --> 01:43:26.000]  I don't understand why they're asking and why the judge is saying
[01:43:26.000 --> 01:43:29.000]  he'll do whatever he can do to help us come to an agreement.
[01:43:29.000 --> 01:43:31.000]  There is no agreement.
[01:43:31.000 --> 01:43:33.000]  You're not holding the correct mortgage.
[01:43:33.000 --> 01:43:35.000]  I haven't broken the law.
[01:43:35.000 --> 01:43:42.000]  This isn't like a murder case where we're going to agree to a third degree charge
[01:43:42.000 --> 01:43:44.000]  and get me lesser time.
[01:43:44.000 --> 01:43:46.000]  It's cut and dry.
[01:43:46.000 --> 01:43:48.000]  You don't hold the right mortgage.
[01:43:48.000 --> 01:43:50.000]  You're not in canful clothes.
[01:43:50.000 --> 01:43:53.000]  Okay, hang on, we're about to go to break.
[01:43:53.000 --> 01:43:56.000]  Hilton, that PAC, we have a radio.
[01:43:56.000 --> 01:44:00.000]  I'll call it number 512-646-1984.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Sorry.
[01:44:05.000 --> 01:44:08.000]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:08.000 --> 01:44:09.000]  What?
[01:44:09.000 --> 01:44:13.000]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:45:01.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:05.000 --> 01:46:33.000]  Thank you.
[01:46:33.000 --> 01:46:36.000]  This is Rainy Keltz in Vent Pac with Rule of Law Radio.
[01:46:36.000 --> 01:46:41.000]  We are at and we are speaking with Chris.
[01:46:41.000 --> 01:46:43.000]  Okay, Chris, are you there?
[01:46:43.000 --> 01:46:44.000]  Okay.
[01:46:44.000 --> 01:46:47.000]  Okay, Chris.
[01:46:47.000 --> 01:46:49.000]  Hello, Chris.
[01:46:49.000 --> 01:46:50.000]  Yes, sir.
[01:46:50.000 --> 01:46:51.000]  There we go.
[01:46:51.000 --> 01:46:52.000]  Okay.
[01:46:52.000 --> 01:46:58.000]  So he said it would take two, he was going to take two weeks.
[01:46:58.000 --> 01:47:02.000]  Right, two weeks to investigate.
[01:47:02.000 --> 01:47:12.000]  Then he probably was hoping you guys would come to some kind of deal before he had to rule against the bank.
[01:47:12.000 --> 01:47:17.000]  And it sounds like he's still hoping you guys have come to a deal.
[01:47:17.000 --> 01:47:19.000]  Right.
[01:47:19.000 --> 01:47:27.000]  Well, my attorney is thinking that we're going to come to some deal and file a Chapter 13 and pay them back for something that we don't owe them.
[01:47:27.000 --> 01:47:29.000]  Your attorney?
[01:47:29.000 --> 01:47:40.000]  Yeah, well, she says that what she got out of the last meeting was that we've won the case so far and that the judge is going to make the decision and he'll probably dismiss it.
[01:47:40.000 --> 01:47:46.000]  But she says that the judge is probably going to give the bank time to get their act together.
[01:47:46.000 --> 01:47:53.000]  And what I'm assuming that that means is that they're going to go get the correct assignment of mortgage.
[01:47:53.000 --> 01:47:55.000]  No, they can't, sir.
[01:47:55.000 --> 01:48:00.000]  They can't come in here with a different case.
[01:48:00.000 --> 01:48:01.000]  Right.
[01:48:01.000 --> 01:48:03.000]  That's a whole different case.
[01:48:03.000 --> 01:48:08.000]  They would have to be able to prove up something on this one and they can't do it.
[01:48:08.000 --> 01:48:12.000]  So if I were you, I would just be patient.
[01:48:12.000 --> 01:48:16.000]  Don't do anything yet until the judge renders a ruling.
[01:48:16.000 --> 01:48:20.000]  And in the end, you don't care what this judge does.
[01:48:20.000 --> 01:48:27.000]  This is all about setting record for appeal. You've got your record set.
[01:48:27.000 --> 01:48:31.000]  These guys don't have any standing whatsoever.
[01:48:31.000 --> 01:48:40.000]  And I would suggest that if you do get a dismissal, that you go back and sue these lawyers for malicious prosecution.
[01:48:40.000 --> 01:48:42.000]  Right.
[01:48:42.000 --> 01:48:44.000]  They're the ones who screwed this up.
[01:48:44.000 --> 01:48:48.000]  You sue them for all your attorney fees.
[01:48:48.000 --> 01:49:01.000]  But right now, you're probably best served just to let the judge finish out what he's doing and don't make any deals with this bank.
[01:49:01.000 --> 01:49:04.000]  Right.
[01:49:04.000 --> 01:49:16.000]  My next question is if this does go to a court of appeal, if this does get appealed, the appeal would then become a federal matter, would it not?
[01:49:16.000 --> 01:49:22.000]  No, no. Are you in the court of appeals now?
[01:49:22.000 --> 01:49:23.000]  No, we're not.
[01:49:23.000 --> 01:49:27.000]  Oh, no. You go to the state court of appeals.
[01:49:27.000 --> 01:49:29.000]  Okay.
[01:49:29.000 --> 01:49:33.000]  Yeah, it's going to stay in the state. You're in Pennsylvania.
[01:49:33.000 --> 01:49:35.000]  Unfortunately.
[01:49:35.000 --> 01:49:42.000]  My experience, at least with the Supreme in Pennsylvania, is they look really good.
[01:49:42.000 --> 01:49:56.000]  I had a friend that took a traffic issue to the Supreme, and to say that he argued inartfully would be an understatement.
[01:49:56.000 --> 01:50:10.000]  And the Supreme of Pennsylvania sent him back a 30-page response, telling him everything that was wrong with his pleading and what he needed to do to fix it.
[01:50:10.000 --> 01:50:18.000]  I was astounded. Their answer was much bigger than his pleaded.
[01:50:18.000 --> 01:50:27.000]  So I was impressed with the Pennsylvania Supreme. I don't think these guys want to go there.
[01:50:27.000 --> 01:50:32.000]  So yeah, you'll go to the court of appeals, and from there you can go to the Supreme.
[01:50:32.000 --> 01:50:39.000]  I seriously doubt these guys are going to want to go to the Supreme in Pennsylvania.
[01:50:39.000 --> 01:50:50.000]  So you don't think that my issue with the bankruptcy kind of falls either way with the ruling of abandonment of the mortgage,
[01:50:50.000 --> 01:50:54.000]  since if we're looking at the bank coming back with the correct paperwork,
[01:50:54.000 --> 01:51:06.000]  how would it be possible for them to get an assignment of mortgage from a bank who didn't have business anymore, number one, but yet in Chapter 7, since they didn't administer anything?
[01:51:06.000 --> 01:51:16.000]  Okay, question. When did you receive a notice of acceleration?
[01:51:16.000 --> 01:51:25.000]  And was that notice, did you receive a notice on the proper mortgage or only on this one?
[01:51:25.000 --> 01:51:33.000]  Only on this one. This is the only mortgage they've held since they've established themselves as taking the assignment during the bankruptcy,
[01:51:33.000 --> 01:51:43.000]  which I'm assuming they did because they realized that Wachovia wouldn't be able to come as a creditor to make a claim on the mortgage since they're not in business.
[01:51:43.000 --> 01:51:51.000]  Yeah, there's a good chance, if you get this thrown out, that they're going to walk away from this.
[01:51:51.000 --> 01:52:01.000]  The politics is turning against them. The Innova case in California was a really big sea change.
[01:52:01.000 --> 01:52:06.000]  They generally say, as goes California, so goes the rest of the country.
[01:52:06.000 --> 01:52:22.000]  Well, California just landed on the banks with both feet in that for the first time they allowed a borrower to challenge an assignment.
[01:52:22.000 --> 01:52:32.000]  Prior to this, anybody could put an assignment in the record and the only way you could challenge it was to tender.
[01:52:32.000 --> 01:52:36.000]  Pay everything that they claimed you owned.
[01:52:36.000 --> 01:52:45.000]  Say, I could go there and I could make up an assignment and say that I hold the lien on your property and then foreclose on it.
[01:52:45.000 --> 01:52:52.000]  You can't question it unless you pay me everything that I claim that you owe me.
[01:52:52.000 --> 01:52:57.000]  Well, California, the Supreme just changed that.
[01:52:57.000 --> 01:53:00.000]  They said, yes, you can challenge the assignment.
[01:53:00.000 --> 01:53:20.000]  If this other bank or if the bank tries to come back on the other note, then you can challenge their standing to invoke the subject matter restriction in the court.
[01:53:20.000 --> 01:53:23.000]  So they can't get into court with it.
[01:53:23.000 --> 01:53:30.000]  Before they could do that, they would have to issue a notice of acceleration and you could attack them from that point right there.
[01:53:30.000 --> 01:53:39.000]  You go in with a quiet title as it wasn't the bankruptcy note that was extinguished in the foreclosure.
[01:53:39.000 --> 01:53:43.000]  It was the actual mortgage.
[01:53:43.000 --> 01:53:46.000]  Am I correct there?
[01:53:46.000 --> 01:53:51.000]  It was the bankruptcy extinguished the correct note.
[01:53:51.000 --> 01:53:58.000]  In Pennsylvania, they have a ruling where the mortgage is still the claim on the mortgage is still good in a chapter seven.
[01:53:58.000 --> 01:54:06.000]  If the bank comes and makes a claim on that.
[01:54:06.000 --> 01:54:09.000]  So since the real mortgage was sitting with.
[01:54:09.000 --> 01:54:12.000]  Wait a minute. Pennsylvania's rule.
[01:54:12.000 --> 01:54:20.000]  Pennsylvania can have that rule, but that can't supersede federal law.
[01:54:20.000 --> 01:54:35.000]  If the federal law forbids the more the lender from trying to collect on a discharge debt, the state can't override that.
[01:54:35.000 --> 01:54:38.000]  And who is your lender?
[01:54:38.000 --> 01:54:42.000]  Who's the claimant now is Bank of America.
[01:54:42.000 --> 01:54:44.000]  Wells Fargo.
[01:54:44.000 --> 01:54:46.000]  Well, OK, I'm sorry Wells Fargo.
[01:54:46.000 --> 01:54:50.000]  Well, Wells Fargo is a national association.
[01:54:50.000 --> 01:54:53.000]  They fall under the Fed.
[01:54:53.000 --> 01:54:56.000]  So how you're not in the Fed, I don't know.
[01:54:56.000 --> 01:55:00.000]  But Wells Fargo is a national association.
[01:55:00.000 --> 01:55:07.000]  So they would be subject to the federal law and the federal bankruptcy law forbids them.
[01:55:07.000 --> 01:55:10.000]  So you wouldn't care what the state said.
[01:55:10.000 --> 01:55:16.000]  You take it into the Fed and the federal bankruptcy law specifically.
[01:55:16.000 --> 01:55:23.000]  What was that, 256, 15 years ago, 256.
[01:55:23.000 --> 01:55:25.000]  Chris.
[01:55:25.000 --> 01:55:27.000]  What's that, bankruptcy law?
[01:55:27.000 --> 01:55:39.000]  Yeah, the bankruptcy code that forbid the lender from attempting to enforce a deed of trust behind a discharged mortgage.
[01:55:39.000 --> 01:55:40.000]  Yeah, I'm not sure what that is.
[01:55:40.000 --> 01:55:45.000]  I'm in the process of trying to look through some bankruptcy code.
[01:55:45.000 --> 01:55:46.000]  Wait a minute.
[01:55:46.000 --> 01:55:58.000]  This one is absolutely critical because it goes exactly to your situation where the note has been extinguished.
[01:55:58.000 --> 01:56:08.000]  The bankruptcy code absolutely forbids the lender from attempting to collect on the deed of trust.
[01:56:08.000 --> 01:56:14.000]  And you're saying the association with Wells Fargo being federal would fall?
[01:56:14.000 --> 01:56:17.000]  They're a national association.
[01:56:17.000 --> 01:56:22.000]  If you challenged Wells Fargo for not being registered with the state,
[01:56:22.000 --> 01:56:28.000]  Bank of America was thrown out of Utah by the district judge because they weren't registered to do business with the state.
[01:56:28.000 --> 01:56:31.000]  And the Fed came back and said, they're a national association.
[01:56:31.000 --> 01:56:33.000]  They don't have to register with your state.
[01:56:33.000 --> 01:56:37.000]  They fall under the federal rules.
[01:56:37.000 --> 01:56:39.000]  So we don't care what Pennsylvania says.
[01:56:39.000 --> 01:56:42.000]  This is a national association.
[01:56:42.000 --> 01:56:45.000]  They fall under federal law.
[01:56:45.000 --> 01:56:46.000]  Okay.
[01:56:46.000 --> 01:56:51.000]  I don't understand why it's not in the federal court.
[01:56:51.000 --> 01:56:58.000]  And it may be that it's not in the federal court because they know they would be pounded in the federal court.
[01:56:58.000 --> 01:57:12.000]  But since they came in with what I can see where their position is, the mortgage was extinguished, but not the construction loan.
[01:57:12.000 --> 01:57:16.000]  The problem is the construction loan was paid off.
[01:57:16.000 --> 01:57:19.000]  So they try to come back there.
[01:57:19.000 --> 01:57:21.000]  I can't see how they can get there.
[01:57:21.000 --> 01:57:32.000]  Most likely they will drop this thing once the judge is forced to rule against them, or at least when their court of appeals does.
[01:57:32.000 --> 01:57:33.000]  I think you're in good shape.
[01:57:33.000 --> 01:57:43.000]  And if I was you, I would do nothing until this judge actually rules because the only reason you're in the trial court is to set the record for appeal.
[01:57:43.000 --> 01:57:46.000]  Let's not forget that.
[01:57:46.000 --> 01:57:51.000]  In the heat of the battle, sometimes we forget that and get caught up in the battle.
[01:57:51.000 --> 01:57:54.000]  Let the stinker dust do whatever he wants to.
[01:57:54.000 --> 01:57:58.000]  The worse he does, the better for you.
[01:57:58.000 --> 01:58:08.000]  I just had a case dismissed with prejudice by a federal judge in Fort Worth when I had to challenge the subject matter jurisdiction in front of that Rule 12 motion.
[01:58:08.000 --> 01:58:11.000]  And he never ruled on the subject matter jurisdiction challenge.
[01:58:11.000 --> 01:58:14.000]  Never interfere with someone when they're screwing up.
[01:58:14.000 --> 01:58:16.000]  Now I get to go after the judge.
[01:58:16.000 --> 01:58:20.000]  See if I can't get him removed from the bench.
[01:58:20.000 --> 01:58:27.000]  So if I was you, I'd just hang in there for another couple of weeks to see how this shakes out.
[01:58:27.000 --> 01:58:30.000]  Hopefully I'll call you back with some good news.
[01:58:30.000 --> 01:58:32.000]  OK, I hope you do.
[01:58:32.000 --> 01:58:35.000]  This is Randy Kelton, BetPak, Rule of Law Radio.
[01:58:35.000 --> 01:58:40.000]  I call in number 512-646-1984.
[01:58:40.000 --> 01:58:41.000]  Ryan, I see you there.
[01:58:41.000 --> 01:58:43.000]  We'll pick you up on the other side.
[01:58:43.000 --> 01:58:50.000]  We'll be right back.
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