ROL_2016-05-20_16k_Hr3-4.timecode

[00:00.000 --> 00:07.520]  The following news flash is brought to you by the Lone Star Lowdown.
[00:07.520 --> 00:13.440]  Markets for Monday, the 16th of May, 2016, are currently trading with gold at $1,272.20
[00:13.440 --> 00:20.640]  an ounce, silver $17.12 an ounce, Texas crude $46.21 a barrel, and Bitcoin is currently
[00:20.640 --> 00:25.760]  sitting at about 458 U.S. currency.
[00:25.760 --> 00:35.440]  Today in history, the year 1918, the Sedition Act is passed by U.S. Congress, making criticism
[00:35.440 --> 00:37.200]  of the government an imprisonable offense.
[00:37.200 --> 00:42.680]  In expansion of the Espionage Act of 1917, it banned speech and the expression of opinion
[00:42.680 --> 00:46.800]  that cast the government or the war effort in a negative light, of course, excused by
[00:46.800 --> 00:49.920]  the perceived interference with the sale of government bonds.
[00:49.920 --> 00:58.040]  To end the free speech in the U.S. during wartime, today in history.
[00:58.040 --> 01:02.540]  In recent news, a Texas openly gay church pastor, Jordan Brown, wrote a statement today
[01:02.540 --> 01:05.160]  that Whole Foods, the company, did nothing wrong.
[01:05.160 --> 01:08.900]  This is after he back in April had requested a cake from the all-natural organic grocery
[01:08.900 --> 01:12.960]  store with the phrase love wins on it, but then claimed that he received a cake with
[01:12.960 --> 01:14.560]  an added homophobic slur.
[01:14.560 --> 01:17.960]  Brown said in his statement today, quote, I want to apologize to Whole Foods and its
[01:17.960 --> 01:21.680]  team members for questioning the company's commitment to its values, and especially the
[01:21.680 --> 01:26.160]  Baker associate, who I understand was put in a terrible position because of my actions.
[01:26.160 --> 01:30.760]  I apologize to the LGBT community for diverting attention from real issues.
[01:30.760 --> 01:35.400]  I also want to apologize to my partner, my family, my church family, and my attorney.
[01:35.400 --> 01:38.760]  Whole Foods filed a countersuit against Brown and hasn't stated whether it would drop the
[01:38.760 --> 01:45.720]  action now that Brown has dropped his frivolous lawsuit.
[01:45.720 --> 01:50.400]  The University of Miami has detected a radioactive isotope produced by nuclear reactors in Baskine
[01:50.400 --> 01:55.520]  Bay spiking at 200 times higher than normal level at the Turkey Point Nuclear Power Plant
[01:55.520 --> 02:00.280]  located just south of Miami, confirming suspicion that Turkey Point's aging canals are leaking
[02:00.280 --> 02:02.220]  into the nearby national park.
[02:02.220 --> 02:06.240]  South Miami Mayor Philip Staudard, who is also a biological science professor at the
[02:06.240 --> 02:10.840]  Florida International University, told the Miami New Times, quote, you have to work hard
[02:10.840 --> 02:15.280]  to find the worst place to put a nuclear plant right between two national parks and subject
[02:15.280 --> 02:17.160]  to hurricanes and storm surge.
[02:17.160 --> 02:21.600]  Laura Reynolds, an environmental consultant who worked with the Tropical Auto Bond Society
[02:21.600 --> 02:25.840]  and the Southern Alliance for Clean Energy, which intends to file a lawsuit, stated that,
[02:25.840 --> 02:29.720]  quote, we know now exactly where the pollution is coming from, and we have a tracer that
[02:29.720 --> 02:31.360]  shows it is in the national park.
[02:31.360 --> 02:34.720]  We are worried about the marine life there and the future of the Baskine Bay.
[02:34.720 --> 02:38.120]  This leak comes only several months after New York Governor Andrew Cuomo acknowledged
[02:38.120 --> 02:42.880]  that the state's Indian Point Nuclear Facility was leaking tritium into the local groundwater.
[02:42.880 --> 02:47.000]  The Indian Point Nuclear Power Plant is located on the Hudson River, approximately 25 miles
[02:47.000 --> 02:52.360]  north of New York City, and serves the electrical needs of an estimated two million people.
[02:52.360 --> 03:21.400]  This is Rick Roady with your Lowdown for May 16, 2016.
[03:21.400 --> 03:28.280]  We are listening to Rule of Law Radio with Randy Kelton, Vet Pat, and we have just ended
[03:28.280 --> 03:29.280]  with Mauricio.
[03:29.280 --> 03:32.280]  Randy, you want to take over?
[03:32.280 --> 03:33.280]  Okay.
[03:33.280 --> 03:34.280]  Mauricio.
[03:34.280 --> 03:36.320]  Mauricio, is that right?
[03:36.320 --> 03:38.120]  Yes, sir.
[03:38.120 --> 03:39.120]  Okay.
[03:39.120 --> 03:40.120]  Okay.
[03:40.120 --> 03:41.320]  Where were we?
[03:41.320 --> 03:43.720]  You were working over the judge.
[03:43.720 --> 03:45.800]  Now you've got a bunch of bailiffs around you.
[03:45.800 --> 03:50.200]  What did they do?
[03:50.200 --> 03:56.720]  I was able to... Now, keep in mind, all of this is occurring in a small town called Bishop.
[03:56.720 --> 04:06.360]  Roughly 200 people, their main police department maybe has two police units.
[04:06.360 --> 04:11.240]  I had the three constables, check budding me, screaming in my face, asking, what did
[04:11.240 --> 04:15.360]  I do to the judge, so on and so forth.
[04:15.360 --> 04:21.200]  I got in the plainclothes officer's face, and I asked him if I was arrested, if I was
[04:21.200 --> 04:26.640]  under arrest for anything, and he kind of pushed back at me and said, well, not yet.
[04:26.640 --> 04:31.440]  I go, well, then I'm free to go, and I turned around and I walked away to the only gas station
[04:31.440 --> 04:35.120]  in town, and that's about a block down the street.
[04:35.120 --> 04:40.440]  In that time, a local PD unit pulls up, and there's now two city police officers and three
[04:40.440 --> 04:42.520]  constables out there.
[04:42.520 --> 04:47.680]  I grab a coffee, drink it, just calm my nerves down, turn on my cell phone, and then turn
[04:47.680 --> 04:51.080]  on my recording device, and head back.
[04:51.080 --> 04:57.320]  The two local PD take off before I even get there when they see me walking back.
[04:57.320 --> 05:02.440]  The three constables remain standing right in front of the small courthouse, or the main
[05:02.440 --> 05:05.800]  entrance to the courthouse.
[05:05.800 --> 05:12.160]  I do have all of this recorded, and I walked up, and the plainclothes constable begins
[05:12.160 --> 05:15.720]  to speak that, well, I understand what you're doing now.
[05:15.720 --> 05:19.880]  You're making this big old scene that way that you're not found guilty, and it won't
[05:19.880 --> 05:24.400]  show that you don't have a license, which would prove that you're driving illegally,
[05:24.400 --> 05:29.000]  and automatically you would go to rest, and go to jail, and he's like, I see, I see what
[05:29.000 --> 05:30.000]  you're doing.
[05:30.000 --> 05:31.000]  I see the big story.
[05:31.000 --> 05:36.040]  Well, then I politely responded, and I said, oh, see, sir, and how exactly do you know
[05:36.040 --> 05:37.040]  that is my plan?
[05:37.040 --> 05:44.160]  And he had to start a little bit, and we went back and forth, and finally I told them that,
[05:44.160 --> 05:49.120]  you know, look, I notified Larry that I go, and I'm referring to Larry because I don't
[05:49.120 --> 05:53.000]  recognize him as a judge or magistrate, because he never showed jurisdiction.
[05:53.000 --> 05:58.000]  I went in there telling him on that arm's length of the court, challenging some matter
[05:58.000 --> 06:03.760]  of jurisdiction, and, you know, plus there was no facts and evidence that they even continue
[06:03.760 --> 06:04.760]  on.
[06:04.760 --> 06:10.120]  So, the constable tells me, look, I have no idea what you're talking about, and that is
[06:10.120 --> 06:11.800]  here to do my job.
[06:11.800 --> 06:14.400]  I go, and that is to harass me, right?
[06:14.400 --> 06:17.960]  I go, because the judge didn't tell you that if I get in my car—
[06:17.960 --> 06:18.960]  Wait a minute.
[06:18.960 --> 06:19.960]  Hold on.
[06:19.960 --> 06:20.960]  That is not harassment.
[06:20.960 --> 06:22.960]  That is witness tampering.
[06:22.960 --> 06:23.960]  Oh, really?
[06:23.960 --> 06:24.960]  That's a felony.
[06:24.960 --> 06:25.960]  That's why I'm calling you.
[06:25.960 --> 06:26.960]  Okay.
[06:26.960 --> 06:31.960]  Was this your first—let me back up just a little bit.
[06:31.960 --> 06:36.440]  Okay, you got a ticket, and this was your first appearance at the court?
[06:36.440 --> 06:37.440]  Yes, sir.
[06:37.440 --> 06:38.440]  It was the appeals.
[06:38.440 --> 06:39.440]  Wait a minute.
[06:39.440 --> 06:45.600]  The appeals, the arraignment, where you go and you plead guilty or not guilty.
[06:45.600 --> 06:46.600]  No, no, no.
[06:46.600 --> 06:47.600]  No, no.
[06:47.600 --> 06:48.600]  Hold on.
[06:48.600 --> 06:49.600]  Hold on.
[06:49.600 --> 06:50.600]  You're in Texas.
[06:50.600 --> 06:51.600]  Yes, sir.
[06:51.600 --> 06:57.280]  An arraignment is a hearing for the purpose of determining your identity and taking a
[06:57.280 --> 06:58.280]  plea.
[06:58.280 --> 07:06.480]  An arraignment can only be held in a felony case after indictment or in a case punishable
[07:06.480 --> 07:11.320]  by imprisonment, so this couldn't have been an arraignment.
[07:11.320 --> 07:16.880]  This had to be an examining trial.
[07:16.880 --> 07:21.640]  If you look at your ticket, it tells you to appear before a judge, but if you look at
[07:21.640 --> 07:33.240]  the code, the code under 543.006 says that you agree to appear before a magistrate of
[07:33.240 --> 07:36.680]  the county, not a judge.
[07:36.680 --> 07:39.440]  I understand that.
[07:39.440 --> 07:42.840]  So this is a hearing for the purpose of an examining trial.
[07:42.840 --> 07:48.840]  So at the time when we were speaking, he would have been wearing his magistrate hat.
[07:48.840 --> 07:51.520]  Yes, well, he should have been wearing.
[07:51.520 --> 07:54.560]  You need to file witness tampering against the judge.
[07:54.560 --> 07:55.560]  Okay.
[07:55.560 --> 08:00.120]  Well, it gets a lot juicier, trust me.
[08:00.120 --> 08:05.560]  We've so far climaxed on Thursday, and that's why I'm calling you to kind of get advice
[08:05.560 --> 08:10.880]  for what the next step of the fight is.
[08:10.880 --> 08:17.040]  Next step is you make up a criminal complaint against the judge, a motion to recuse the
[08:17.040 --> 08:24.760]  judge, a criminal complaint against each of the constables.
[08:24.760 --> 08:30.960]  Well now, Thursday, I just went to a trial and was found guilty.
[08:30.960 --> 08:32.600]  Of course you were found guilty.
[08:32.600 --> 08:34.600]  I mean, that's the whole deal.
[08:34.600 --> 08:36.600]  There's still more to the story.
[08:36.600 --> 08:37.600]  Okay, go ahead.
[08:37.600 --> 08:38.600]  Let me go ahead real quick.
[08:38.600 --> 08:50.840]  Yeah, I had notified him all that good stuff, which I thought was harassment, because there
[08:50.840 --> 08:55.600]  were three men with guns preventing me from getting in my private property.
[08:55.600 --> 08:59.600]  And he went off about how the guns were part of the uniform.
[08:59.600 --> 09:03.000]  And that's when I responded, look, I take those things very seriously.
[09:03.000 --> 09:11.200]  They can do real serious damage, and they're within a couple of inches of grass from these
[09:11.200 --> 09:12.200]  gentlemen.
[09:12.200 --> 09:18.760]  And if I do anything that they find threatening or wrong, they can pull it out and justifiably
[09:18.760 --> 09:20.280]  shoot me.
[09:20.280 --> 09:21.280]  And he started laughing.
[09:21.280 --> 09:23.760]  He said, oh, you're just over exaggerating.
[09:23.760 --> 09:30.000]  That's when he started speaking in an exaggerated term directly into my cap where I was recording
[09:30.000 --> 09:31.000]  him.
[09:31.000 --> 09:35.640]  So then I told him, you know what, let me go inside and let me get the paperwork I need
[09:35.640 --> 09:36.640]  to get.
[09:36.640 --> 09:41.920]  I went into the court, court notified me that everything, all the information would be mailed
[09:41.920 --> 09:42.920]  to me.
[09:42.920 --> 09:43.920]  Okay.
[09:43.920 --> 09:47.360]  So I go back out and there's only one constable left.
[09:47.360 --> 09:55.560]  So I sit down and we have somewhat of a conversation.
[09:55.560 --> 09:59.840]  And I asked him, I said, now I'm curious, like, well, you're a young guy doing your
[09:59.840 --> 10:00.840]  job.
[10:00.840 --> 10:01.840]  You don't have to pay.
[10:01.840 --> 10:06.960]  Have you ever read what your job dictates?
[10:06.960 --> 10:11.240]  I go, could it be that your job is to issue warrants and subpoenas and to be a chase vehicle
[10:11.240 --> 10:13.040]  for DPS?
[10:13.040 --> 10:16.640]  And nowhere does it actually say anything about enforcing the transportation code?
[10:16.640 --> 10:21.240]  He goes, well, it might be policy.
[10:21.240 --> 10:23.200]  I go, well, do you know who wrote the policy?
[10:23.200 --> 10:28.360]  I'm pretty sure the law protections ranger would be interested in a criminal complaint
[10:28.360 --> 10:32.320]  statement because he doesn't supersede both.
[10:32.320 --> 10:34.640]  And that's when he really got quiet.
[10:34.640 --> 10:37.360]  And he told me, look, I need to go on a lunch break.
[10:37.360 --> 10:40.880]  I'm trusting that you're going to wait for your ride to come pick you up.
[10:40.880 --> 10:44.760]  He went, got in his car, stayed looking at me for a while and took off.
[10:44.760 --> 10:50.920]  I got up, got in my car, the judge was staring at me through the window, I took off.
[10:50.920 --> 10:55.160]  I received a letter to go in for a pre-trial hearing.
[10:55.160 --> 11:02.680]  So I went in there and everybody else who was there, I don't know exactly what they
[11:02.680 --> 11:08.480]  were there for, but they were able to go into the courtroom, speak with whomever first and
[11:08.480 --> 11:09.480]  then come out.
[11:09.480 --> 11:11.320]  I was the last one called in.
[11:11.320 --> 11:12.680]  And when I was called in-
[11:12.680 --> 11:15.760]  Whoa, hold on.
[11:15.760 --> 11:16.760]  Hold on.
[11:16.760 --> 11:19.240]  You were not allowed in the courtroom?
[11:19.240 --> 11:20.240]  No.
[11:20.240 --> 11:21.240]  So there-
[11:21.240 --> 11:22.240]  No, nobody was.
[11:22.240 --> 11:25.520]  There was one person at a time.
[11:25.520 --> 11:26.520]  Okay.
[11:26.520 --> 11:27.520]  Okay.
[11:27.520 --> 11:28.520]  Go ahead.
[11:28.520 --> 11:35.640]  Now, when I went in, I was the only one that was called in by a constable.
[11:35.640 --> 11:38.680]  And when I went in, I was escorted by the constable.
[11:38.680 --> 11:43.320]  Then he stood behind the two attorneys and there was another constable on the other side
[11:43.320 --> 11:47.360]  of the courtroom, basically behind me.
[11:47.360 --> 11:51.680]  And that's when I argued that, you know, the two citations that they're trying to hit from
[11:51.680 --> 11:56.480]  back in 2012, their past statute of limitations, they need to be thrown out.
[11:56.480 --> 11:57.480]  And she said, okay.
[11:57.480 --> 11:59.440]  So she signs them off.
[11:59.440 --> 12:03.620]  She gets to the other two and she goes, as for these two, what are we going to do?
[12:03.620 --> 12:06.920]  And I told her, look, I'm telling you what I told Larry.
[12:06.920 --> 12:10.960]  I go, again, I'm here with special appearance, arm's length of record.
[12:10.960 --> 12:14.640]  I go, challenging subject matter jurisdiction.
[12:14.640 --> 12:15.640]  And she's like, okay.
[12:15.640 --> 12:18.560]  She goes, so you're going to refuse to plea?
[12:18.560 --> 12:19.560]  I go, no, ma'am.
[12:19.560 --> 12:24.120]  Like I told Larry, I go, I'm not refusing to plead because I do not understand the nature
[12:24.120 --> 12:27.120]  of the charges.
[12:27.120 --> 12:31.000]  So she went ahead and signed off the paperwork because I even argued the fact that I was
[12:31.000 --> 12:34.960]  not in commerce, that I asked the officer if he knew, you know, he never asked for a
[12:34.960 --> 12:38.680]  bill of lading, passenger manifest, commercial logbook.
[12:38.680 --> 12:39.680]  He never asked for anything.
[12:39.680 --> 12:44.360]  I go, so you don't have any evidence to continue forward.
[12:44.360 --> 12:47.600]  And she said, yes, if you were driving, you need a driver's license.
[12:47.600 --> 12:48.600]  We're going to continue.
[12:48.600 --> 12:49.600]  It's out of your mind.
[12:49.600 --> 12:50.600]  If you think we're just going to dismiss it.
[12:50.600 --> 12:55.600]  So as she takes off to the back, I go and I sign the paper.
[12:55.600 --> 12:57.040]  Wait, hold on.
[12:57.040 --> 13:01.160]  She, who was this she person?
[13:01.160 --> 13:04.400]  They were both the attorney.
[13:04.400 --> 13:05.400]  Where was the judge?
[13:05.400 --> 13:08.720]  The judge, he was not in the room.
[13:08.720 --> 13:15.800]  So the judge summoned you, issued a summons, ordering you to appear so you could meet with
[13:15.800 --> 13:16.800]  the prosecutor.
[13:16.800 --> 13:17.800]  Yes.
[13:17.800 --> 13:18.800]  Yes, sir.
[13:18.800 --> 13:19.800]  That's abusive process.
[13:19.800 --> 13:22.800]  He has no power to do that.
[13:22.800 --> 13:28.680]  If the prosecutor wants to talk to me, prosecutors can call me and set an appointment.
[13:28.680 --> 13:34.000]  But if the judge orders you to appear before a prosecutor, that's abusive process.
[13:34.000 --> 13:37.800]  That's a procedural due process violation.
[13:37.800 --> 13:43.400]  And that's a crime in the state of Texas, 39.03 P.M. code for suppression.
[13:43.400 --> 13:44.400]  Okay.
[13:44.400 --> 13:45.400]  Go ahead.
[13:45.400 --> 13:46.400]  All right.
[13:46.400 --> 13:53.800]  So I walk out, get in my automobile, take off home.
[13:53.800 --> 14:00.720]  I go in 10 days before the trial and I turn in Eddie's constitutional motion for both
[14:00.720 --> 14:03.200]  the case numbers.
[14:03.200 --> 14:04.200]  It's one citation.
[14:04.200 --> 14:08.800]  It was two violations, two case numbers, so I turned in two motions, one for each.
[14:08.800 --> 14:13.960]  The written challenge for the subject matter jurisdiction, the constitutional motion, boom,
[14:13.960 --> 14:15.960]  put them both in.
[14:15.960 --> 14:23.400]  Receive a letter probably four days before trial that all motions will be heard on the
[14:23.400 --> 14:26.040]  day of trial.
[14:26.040 --> 14:31.920]  Though in that morning, I objected to having the motions heard on the day of trial stating
[14:31.920 --> 14:37.040]  that it showed that the court never intended to take my motion seriously, that they intended
[14:37.040 --> 14:42.760]  to find me guilty all along, and I forgot exactly what else I worded.
[14:42.760 --> 14:51.040]  And she basically, now this is why I forgot to mention, when I go in the day of the trial,
[14:51.040 --> 14:57.000]  the day of the pre-emotions hearing, the day of the trial also, it is a different judge.
[14:57.000 --> 14:58.680]  All right.
[14:58.680 --> 15:02.600]  The original judge, Larry, I guess, refuses himself.
[15:02.600 --> 15:03.600]  So another judge comes in.
[15:03.600 --> 15:09.560]  She comes in saying that sometimes they switch places and that this time she would be conducting
[15:09.560 --> 15:18.240]  court, although Larry sitting in the back seat of the courtroom, who is the other judge,
[15:18.240 --> 15:24.520]  and it's only another constable and the door is closed to the courtroom.
[15:24.520 --> 15:27.200]  Now I make all of the arguments there.
[15:27.200 --> 15:30.240]  She gracefully denies my motion.
[15:30.240 --> 15:36.000]  She tells me that she's so sorry that I feel that way, and that she will guarantee me that
[15:36.000 --> 15:39.160]  I get good due process under the law.
[15:39.160 --> 15:40.160]  But she denied it.
[15:40.160 --> 15:48.680]  So then I make the arguments about the enactment of SB 971, the way that they use the emergency
[15:48.680 --> 15:51.520]  calls, and they did it incorrectly, and so on and so forth.
[15:51.520 --> 15:54.760]  I did the whole argument as best as I could.
[15:54.760 --> 16:01.160]  So then her response is, well, that is a legislative decision-making, and I am a member of the
[16:01.160 --> 16:05.480]  judicial branch, so therefore I'm unable to decide on your motion.
[16:05.480 --> 16:08.880]  So because of that, I'm going to have to deny it.
[16:08.880 --> 16:14.080]  Now we'll take a five-minute break, and then we'll begin jury selection.
[16:14.080 --> 16:21.880]  So Larry gets up from the back, walks past the aisle, and goes out the same door that
[16:21.880 --> 16:28.120]  the other judge walks out, or the judge's entrance.
[16:28.120 --> 16:33.960]  I'm running through the witness information as fast as I can to see who I can disqualify.
[16:33.960 --> 16:34.960]  Oh, I hear...
[16:34.960 --> 16:35.960]  Okay.
[16:35.960 --> 16:36.960]  Wait, wait.
[16:36.960 --> 16:37.960]  Hold on.
[16:37.960 --> 16:39.640]  That's going to take the whole show the way we're going.
[16:39.640 --> 16:40.640]  We need to go more quickly.
[16:40.640 --> 16:41.640]  Okay.
[16:41.640 --> 16:42.640]  That's all right.
[16:42.640 --> 16:51.640]  I'll finish it up right now, or when we come back, because that's okay.
[16:51.640 --> 16:52.640]  Okay.
[16:52.640 --> 17:01.840]  Randy Kelton, vet pack, we'll be right back.
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[18:59.080 --> 19:04.080]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:04.080 --> 19:18.080]  Well, don't let nothing get to you, one of the father candidate by you, don't let bad
[19:18.080 --> 19:21.080]  mind people hurt you.
[19:21.080 --> 19:25.800]  We are a rule of law radio with Randy Kelton Vet Pack.
[19:25.800 --> 19:31.520]  And we are listening to Mauricio out of Texas.
[19:31.520 --> 19:39.800]  Okay, Mauricio, we are at the point of picking the jury.
[19:39.800 --> 19:42.200]  Yes, sir.
[19:42.200 --> 19:44.800]  It's done real quick.
[19:44.800 --> 19:49.480]  I'll go ahead and just fast forward everything and just make the quick points.
[19:49.480 --> 19:52.120]  The old judge, Larry, is still sitting in the back.
[19:52.120 --> 19:54.520]  There are two constables in there.
[19:54.520 --> 19:59.680]  I get the city constable up there, he admits that he never asked any of the crucial information
[19:59.680 --> 20:00.680]  needed.
[20:00.680 --> 20:09.200]  Basically, he got everything set up for appeals, showed the, put in my video as evidence as,
[20:09.200 --> 20:13.760]  you know, that the officer had his hand on his gun, showed it to the jury.
[20:13.760 --> 20:20.400]  When they were showing their evidence, I guess, conveniently for them, the first part of the
[20:20.400 --> 20:26.120]  site date or the first part of the traffic stop was not recorded, apparently the recorder
[20:26.120 --> 20:27.960]  in the truck wasn't working.
[20:27.960 --> 20:31.360]  And he had just remembered to turn on the body camera and that's why they only had the
[20:31.360 --> 20:32.960]  second part.
[20:32.960 --> 20:40.120]  Long story short, I appealed every time they would use a commercial term to the point where
[20:40.120 --> 20:46.680]  she finally started saying traveler and automobile, but they were all overruled.
[20:46.680 --> 20:51.920]  I think the prosecutor got up and said that I'm not arguing transportation, so then that's
[20:51.920 --> 20:58.400]  when I asked for a divert verdict on my behalf, showing that, you know, the state had no intentions
[20:58.400 --> 21:02.720]  of implementing the transportation act.
[21:02.720 --> 21:08.480]  How could they implement an, or the transportation code, how could they implement an act under
[21:08.480 --> 21:10.360]  the code?
[21:10.360 --> 21:14.480]  And that they had just submitted public or open records that they had no intentions of
[21:14.480 --> 21:18.080]  utilizing that code, the transportation code.
[21:18.080 --> 21:19.960]  That got objected as well.
[21:19.960 --> 21:29.640]  Found guilty when they went to verdict deliberation, or the jury deliberation.
[21:29.640 --> 21:34.440]  The jury was allowed to stay in the courtroom, everybody else had to leave, and that's when
[21:34.440 --> 21:39.200]  Larry, the other judge, gets up from the back of the courtroom, goes out the back entrance
[21:39.200 --> 21:44.720]  where both the prosecutors get up and leave with both of the judges.
[21:44.720 --> 21:47.680]  Come back, found guilty, that was it.
[21:47.680 --> 21:53.560]  I went, I told them that I would be putting in bills, the judge put bonds on the cases,
[21:53.560 --> 21:58.120]  went to the front of the courtroom, waited for the constable to quit smoking and cigarette,
[21:58.120 --> 22:03.840]  went inside, quit eyeballing me, got in my car, left, and now I'm calling you.
[22:03.840 --> 22:12.280]  Okay, you have a number of criminal complaints you should be filing.
[22:12.280 --> 22:17.400]  Not the least of which, first of all, you aggravated assault against the judge for sickening
[22:17.400 --> 22:22.960]  the bailiffs on you, their constables on you.
[22:22.960 --> 22:31.000]  And the, this is what I filed against the local district judge where I'm at for, because
[22:31.000 --> 22:37.360]  he committed first degree felony aggravated assault against me by assaulting me with the
[22:37.360 --> 22:38.360]  bailiff.
[22:38.360 --> 22:43.760]  He assaulted me with a deadly weapon, the bailiff was the deadly weapon who was prominently
[22:43.760 --> 22:47.760]  displayed being a deadly weapon at the time.
[22:47.760 --> 22:56.360]  So when you went in for an examining trial, because the judge didn't like the fact that
[22:56.360 --> 23:07.320]  you asserted your rights, he had you accosted by these bailiffs and they all had pistols.
[23:07.320 --> 23:13.680]  I would file first degree felony aggravated assault against each one of them.
[23:13.680 --> 23:16.560]  What county is this in?
[23:16.560 --> 23:18.760]  It's in Oasis County.
[23:18.760 --> 23:19.760]  Okay.
[23:19.760 --> 23:26.520]  Their court, their main court is out of Corpus Christi, but this was out of a smaller court,
[23:26.520 --> 23:28.920]  J.P. Court, and Bishop.
[23:28.920 --> 23:29.920]  Good.
[23:29.920 --> 23:33.680]  Take, take your criminal complaints to the grand jury.
[23:33.680 --> 23:37.920]  Have you heard my dissertation on how to address grand juries?
[23:37.920 --> 23:41.240]  No, sir, not yet.
[23:41.240 --> 23:42.240]  Okay.
[23:42.240 --> 23:51.000]  The way I read the code, a 20.09 says that under duties of grand jurors, it shall be
[23:51.000 --> 23:55.240]  the duty of the grand jury to investigate into all crimes subject to indictment that
[23:55.240 --> 23:59.920]  come to their knowledge by way of any member of the grand jury, by way of the prosecuting
[23:59.920 --> 24:04.440]  attorney or any credible person.
[24:04.440 --> 24:07.520]  Have you ever been convicted of a felony?
[24:07.520 --> 24:09.680]  No, sir.
[24:09.680 --> 24:12.480]  Are you over the age of 18?
[24:12.480 --> 24:14.780]  Yes, sir.
[24:14.780 --> 24:19.480]  You are a credible person by statutory definition.
[24:19.480 --> 24:27.280]  So, you find out when the grand jury meets, and if it's Corpus, you've probably got a
[24:27.280 --> 24:29.480]  grand jury meeting every day.
[24:29.480 --> 24:36.080]  Like, go down there and go down to the courthouse and find out, see if you can get them to tell
[24:36.080 --> 24:43.600]  you where the grand jury room is, what room they meet in, and then go to the district
[24:43.600 --> 24:52.160]  attorney and ask for a itinerary for the grand jury.
[24:52.160 --> 24:56.520]  And they're going to ask you why, and you say, you can tell them that you will be coming
[24:56.520 --> 25:04.520]  down to file criminal accusations under 20.09 code of criminal procedure.
[25:04.520 --> 25:11.400]  If they interfere with you in any way, then they tell you, well, you have to file with
[25:11.400 --> 25:15.240]  the police department and the police has to file with us, you can't file with the grand
[25:15.240 --> 25:16.240]  jury directly.
[25:16.240 --> 25:22.360]  Then you make up a criminal complaint against whoever tells you that.
[25:22.360 --> 25:26.040]  And that's what you bring to the grand jury first.
[25:26.040 --> 25:35.440]  So, you go, your reason to go to the grand jury directly is you're going, accusing the
[25:35.440 --> 25:43.120]  district attorney, it'll be the district attorney's office that'll do this, of shielding these
[25:43.120 --> 25:47.680]  public officials from prosecution.
[25:47.680 --> 25:48.680]  We're going to run out of time.
[25:48.680 --> 25:51.920]  We're running a little late today, and we've got a whole bunch of callers, so I'm not going
[25:51.920 --> 25:56.800]  to go through all of this procedure today, but we call this kind of running the routine.
[25:56.800 --> 26:00.440]  Let me go through it quickly.
[26:00.440 --> 26:04.120]  First thing you do is you take a verified criminal affidavit for each complaint you're
[26:04.120 --> 26:05.120]  going to file.
[26:05.120 --> 26:09.400]  And you take it to the district attorney, where the district attorney will send out
[26:09.400 --> 26:14.240]  an investigator and he'll look at it and he'll tell you, you have to go to the file with
[26:14.240 --> 26:15.240]  the police department.
[26:15.240 --> 26:22.320]  Get the name of the investigator, keep your recorder with you, get a second recorder besides
[26:22.320 --> 26:24.320]  your phone.
[26:24.320 --> 26:30.160]  And if they ask you if you're recording them, say, absolutely.
[26:30.160 --> 26:31.160]  And take out your phone.
[26:31.160 --> 26:34.880]  And if they ask you to turn it off, turn it off.
[26:34.880 --> 26:37.000]  Don't turn off the second one.
[26:37.000 --> 26:38.000]  Okay.
[26:38.000 --> 26:43.520]  When they tell you, you have to get it somewhere else, as far as you are concerned, you are
[26:43.520 --> 26:51.920]  talking to the district attorney in the capacity of respondeat superior.
[26:51.920 --> 26:54.960]  So the district attorney is telling you this, not these guys.
[26:54.960 --> 26:57.920]  They're just mouthpieces for the DEA.
[26:57.920 --> 27:01.760]  So when they tell you that, then you say, oh, okay, and you go away and you make up
[27:01.760 --> 27:06.000]  a criminal complaint against the district attorney.
[27:06.000 --> 27:13.000]  And depending on how you want to do this, I prefer to take that complaint to a magistrate,
[27:13.000 --> 27:20.520]  preferably the highest magistrate in the district, a district judge.
[27:20.520 --> 27:28.280]  And the reason being is I want the district judge to refuse to take my complaint and hold
[27:28.280 --> 27:31.900]  an examining trial based on my complaint.
[27:31.900 --> 27:36.700]  But when you do that, and when he refuses, he's going to let the district attorney know
[27:36.700 --> 27:40.600]  that you were there trying to get complaints filed against him.
[27:40.600 --> 27:43.480]  And he's going to ask what the heck is going on here, and it's going to take him a while
[27:43.480 --> 27:49.880]  to figure it out that his investigators sent you packing when you brought criminal complaints
[27:49.880 --> 27:51.440]  against public officials.
[27:51.440 --> 27:56.880]  Are you familiar with Article 2.03 Code of Criminal Procedure?
[27:56.880 --> 27:58.880]  Not yet, but I will be.
[27:58.880 --> 27:59.880]  Okay.
[27:59.880 --> 28:05.720]  What it says is, and I'm paraphrasing here, it's kind of long, when a prosecuting attorney
[28:05.720 --> 28:12.400]  is made known that a public official has violated the law related into his office, he must reduce
[28:12.400 --> 28:15.400]  the complaint when information is submitted to the grand jury.
[28:15.400 --> 28:20.280]  No discretion of any kind concerning public officials.
[28:20.280 --> 28:26.440]  Special Thatcher exempted out of the normal criminal process.
[28:26.440 --> 28:28.960]  Okay.
[28:28.960 --> 28:35.120]  So when he exercises discretion and refuses to take the complaint and sends you somewhere
[28:35.120 --> 28:39.560]  else, then you charge him with official oppression.
[28:39.560 --> 28:41.520]  You take that to a district judge.
[28:41.520 --> 28:44.400]  The district judge is going to read that.
[28:44.400 --> 28:48.600]  He is not going to be happy because, you know, he's likely to tell you, well, this is our
[28:48.600 --> 28:49.600]  policy.
[28:49.600 --> 28:52.760]  And you say, well, I'm not really concerned about your policy.
[28:52.760 --> 28:56.440]  I'm concerned about the law, and he's not following it.
[28:56.440 --> 29:00.120]  Now, you need to hold an examining trial, and he's going to refuse.
[29:00.120 --> 29:02.680]  I've never had one do it yet.
[29:02.680 --> 29:07.080]  When you come back to the district attorney with criminal complaints against the district
[29:07.080 --> 29:15.520]  judge, once you have criminal complaints against the district judge, if anybody says anything
[29:15.520 --> 29:24.500]  to you that you can in any way interpret as a threat, like giving you fair warning of
[29:24.500 --> 29:30.840]  all the trouble you can get into, or the prosecutor telling you that he'll charge you with jury
[29:30.840 --> 29:35.400]  tampering if you try to give that to the grand jury, then you make up complaints against
[29:35.400 --> 29:36.400]  them.
[29:36.400 --> 29:42.800]  If it's a bailiff or somebody with a pistol, you make up a, I'm sorry, I said against them,
[29:42.800 --> 29:45.640]  you make up a complaint against the district judge.
[29:45.640 --> 29:49.440]  Randy, we're going to have to take a break.
[29:49.440 --> 29:54.800]  This is Rule of Law Radio, Randy Kelton, VetPak.
[29:54.800 --> 30:00.560]  Call us at 512-646-1984, we'll be right back.
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[33:13.680 --> 33:27.120]  Thanks for listening.
[33:27.120 --> 33:49.360]  Welcome back to Rule of Law Radio with Randy Kelton, Vet Pack.
[33:49.360 --> 33:53.880]  Randy, go ahead.
[33:53.880 --> 33:59.000]  I'm used to women ordering me around, so this is great, makes me feel at home.
[33:59.000 --> 34:00.000]  Okay.
[34:00.000 --> 34:01.000]  Mauricio?
[34:01.000 --> 34:02.000]  Yes, sir.
[34:02.000 --> 34:03.000]  Okay.
[34:03.000 --> 34:09.160]  And having a big strong woman order you around isn't too bad, Randy.
[34:09.160 --> 34:15.600]  Oh, she's five foot two and can pick me up in her hands and break my back.
[34:15.600 --> 34:20.000]  At least I was right about the strong.
[34:20.000 --> 34:21.000]  Okay.
[34:21.000 --> 34:22.000]  Sorry.
[34:22.000 --> 34:27.200]  Okay, you got the idea.
[34:27.200 --> 34:33.160]  They wanted to jerk you around using their authority, now you use yours.
[34:33.160 --> 34:41.600]  Once you've been to the magistrate and you file against him, then if anybody says or
[34:41.600 --> 34:47.960]  does anything that you can in any way take as threatening or intimidating, you're accused
[34:47.960 --> 34:50.600]  the judge of doing it.
[34:50.600 --> 34:57.560]  I'm working on a tank beside my house, I own a big lot next to City Hall and I had a bunch
[34:57.560 --> 35:01.120]  of equipment out there and I'm working on this tank doing some plastic welding with
[35:01.120 --> 35:08.400]  a little torch and we had a drought at the time and a fire ban, this new cop that didn't
[35:08.400 --> 35:09.400]  know me.
[35:09.400 --> 35:13.320]  I hear, sir, sir, and I turn around, there's a new cop in there and he said, you can't
[35:13.320 --> 35:14.320]  have that open flame.
[35:14.320 --> 35:16.520]  I said, sure can, look, nothing to it.
[35:16.520 --> 35:19.480]  No, no, no, you don't understand, we have a fire ban on.
[35:19.480 --> 35:23.640]  I said, you see his equipment, I cannot run the fire department with his all high pressure
[35:23.640 --> 35:24.640]  spray equipment.
[35:24.640 --> 35:27.680]  I understand that you can't have that open flame.
[35:27.680 --> 35:29.640]  Wait a minute, you're joking, right?
[35:29.640 --> 35:32.240]  Oh no, sir, I'm not joking.
[35:32.240 --> 35:39.480]  Wait a minute, that district judge, John Faustel, sent you down here to harass me,
[35:39.480 --> 35:40.480]  didn't he?
[35:40.480 --> 35:45.080]  Just because I filed one crummy little complaint against him with the Texas attorney general,
[35:45.080 --> 35:47.080]  he sent you down here, didn't he?
[35:47.080 --> 35:53.480]  The cop stepped back, held up both hands with his palms out, one moment, sir, takes out
[35:53.480 --> 35:58.760]  his cell phone, makes a call, in about 30 seconds, Tom, the chief of police, stepped
[35:58.760 --> 36:04.000]  out of city hall, they looked across at me and said, Randy, what are you doing to my
[36:04.000 --> 36:05.000]  new officer?
[36:05.000 --> 36:14.040]  Oh, Tom, I was just jerking his chain and the cop said, oh God, I saw my whole career
[36:14.040 --> 36:17.880]  pass before my eyes.
[36:17.880 --> 36:22.840]  They are terrified of their judges.
[36:22.840 --> 36:25.120]  Everybody's terrified of these judges.
[36:25.120 --> 36:29.440]  You don't have to be terrified of the judge because he works for you.
[36:29.440 --> 36:34.560]  If he forgets it, you kick him in his professional behind.
[36:34.560 --> 36:38.800]  So you want to get to the highest judge you can with this complaint and he's going to
[36:38.800 --> 36:42.400]  be real nice and professional and tell you how to get to take it to the police department
[36:42.400 --> 36:48.920]  and then you file against him and bushwhack him and he is really going to be an unhappy
[36:48.920 --> 36:50.840]  camper.
[36:50.840 --> 36:57.680]  But he's not going to say anything to you, that's witness tampering, retaliation, 3605,
[36:57.680 --> 37:03.360]  3606 respectively, both of them felonies.
[37:03.360 --> 37:07.880]  So he's going to tell you, the only place he can go is everybody else, see, everything's
[37:07.880 --> 37:08.880]  political.
[37:08.880 --> 37:14.080]  You never win your case because you have the law and the facts on your side, you win your
[37:14.080 --> 37:19.360]  case if you have the politics on your side and this is how we create some serious politics.
[37:19.360 --> 37:23.080]  You start running a routine on them and then you file the appeal.
[37:23.080 --> 37:30.840]  Now you've got the county judge in a position to where he knows you're gunning for him.
[37:30.840 --> 37:38.280]  So what's your purpose, Mauricio, at the end of the day?
[37:38.280 --> 37:43.360]  Even like you say, when a child misbehaves, you're not punishing them because you don't
[37:43.360 --> 37:47.200]  love them, you're punishing them because you want them to correct their behavior.
[37:47.200 --> 37:54.840]  Yeah, well, I use the analogy of my grandkids, I love them dearly, but if one of them runs
[37:54.840 --> 38:01.120]  out in the road, I'm fixing to tan his hide.
[38:01.120 --> 38:05.520]  At the end of the day, what is your purpose in taking on this issue?
[38:05.520 --> 38:14.320]  Well, financially, it dictates my intentions, so ultimately, they have the citations go
[38:14.320 --> 38:18.920]  away and not have to- Okay, that was what I wanted to find out.
[38:18.920 --> 38:25.000]  So you're not here to change the world, it'll be nice if it changes some as a result of
[38:25.000 --> 38:29.240]  what you do, but primarily, you want this case to go away.
[38:29.240 --> 38:33.360]  Okay, what you need is politics.
[38:33.360 --> 38:35.680]  It's all about the money.
[38:35.680 --> 38:43.280]  So what's going to cost them more money, them dropping your case or trying to continue to
[38:43.280 --> 38:49.640]  prosecute you, you filing criminal charges against everybody that moves?
[38:49.640 --> 38:55.200]  And have you bar grieved the prosecutor yet?
[38:55.200 --> 38:56.200]  Not yet.
[38:56.200 --> 38:59.200]  Now would I do it to both of them?
[38:59.200 --> 39:00.200]  Absolutely.
[39:00.200 --> 39:04.000]  And judicial conduct, complaint both judges.
[39:04.000 --> 39:07.760]  Now I found the forms, was able to print those out.
[39:07.760 --> 39:12.800]  Would you recommend anywhere that has a good sample style for the criminal complaints and
[39:12.800 --> 39:16.960]  everything else or- Yes, send me an email.
[39:16.960 --> 39:20.320]  I just happened to have a bunch of them.
[39:20.320 --> 39:21.320]  God bless you.
[39:21.320 --> 39:22.320]  God bless you.
[39:22.320 --> 39:25.320]  And one more question, I will actually leave you alone because I've taken way too much
[39:25.320 --> 39:27.580]  of your time.
[39:27.580 --> 39:33.920]  I was told by the clerk that I only had 10 days to appeal, or to put in my paperwork
[39:33.920 --> 39:34.920]  to appeal.
[39:34.920 --> 39:38.080]  You have 10 days to give notice of intent to appeal.
[39:38.080 --> 39:39.080]  Okay.
[39:39.080 --> 39:40.080]  Okay.
[39:40.080 --> 39:43.640]  And you have to put up a bond for each of the fines.
[39:43.640 --> 39:44.640]  Right.
[39:44.640 --> 39:51.040]  They were significantly higher than what the actual cost of the citation was also, but-
[39:51.040 --> 39:52.040]  Double.
[39:52.040 --> 39:53.040]  Yeah.
[39:53.040 --> 39:54.040]  It's statutorily double.
[39:54.040 --> 40:02.760]  That needs to be fixed, but that's how it is.
[40:02.760 --> 40:06.080]  It's interesting, but it is what it is there.
[40:06.080 --> 40:13.680]  Would I be able to get a good sample of how to put in an appeal also with email?
[40:13.680 --> 40:16.120]  How to put in what?
[40:16.120 --> 40:18.040]  Put in the notice for the appeal.
[40:18.040 --> 40:27.000]  Oh, you just make up a motion form and put, I hereby give notice to the court of my intent
[40:27.000 --> 40:28.000]  to appeal.
[40:28.000 --> 40:29.000]  Oh, that's simple.
[40:29.000 --> 40:30.000]  Oh, that is.
[40:30.000 --> 40:39.400]  And actually, they have a form that's notice of appeal, and it also includes affidavit
[40:39.400 --> 40:42.880]  of inability to pay.
[40:42.880 --> 40:46.880]  So just ask them for the form, they'll give you one, and you just write it in there.
[40:46.880 --> 40:49.320]  See, this is, I think it's just filled in the blanks.
[40:49.320 --> 40:50.320]  Perfect.
[40:50.320 --> 40:51.320]  Perfect.
[40:51.320 --> 40:58.840]  Well, I'll be going to Eddie's class on Sunday also, and I'll continue corresponding with
[40:58.840 --> 40:59.840]  you on email.
[40:59.840 --> 41:00.840]  Wonderful.
[41:00.840 --> 41:01.840]  Okay.
[41:01.840 --> 41:04.840]  Thank you, Mauricio.
[41:04.840 --> 41:05.920]  Okay.
[41:05.920 --> 41:12.400]  Now we're going to Marshall in Washington, we're going to get an update on the gun range
[41:12.400 --> 41:13.400]  incident.
[41:13.400 --> 41:14.400]  Hello, Mr. Marshall.
[41:14.400 --> 41:17.640]  Good evening, Randy, how's it going?
[41:17.640 --> 41:19.680]  It's going wonderful.
[41:19.680 --> 41:23.000]  I now have a co-host to order me around.
[41:23.000 --> 41:25.000]  It makes me feel at home.
[41:25.000 --> 41:29.520]  Oh, that's good, that's good.
[41:29.520 --> 41:32.800]  I can bark commands temporarily if somebody needs a break.
[41:32.800 --> 41:37.400]  Oh, they're different coming from a guy, I'm married, I'm used to being ordered around
[41:37.400 --> 41:38.400]  by women.
[41:38.400 --> 41:39.400]  Sure.
[41:39.400 --> 41:46.480]  So anyhow, I don't know if you want just the update part, or do you want me to give some
[41:46.480 --> 41:49.360]  background for the whole situation?
[41:49.360 --> 41:55.440]  Give a real quick background so everybody will understand what you're talking about.
[41:55.440 --> 41:56.440]  Okay.
[41:56.440 --> 42:00.720]  So this is the Kitsap Rifle and Revolver Club.
[42:00.720 --> 42:07.920]  We've been in litigation with the county for actually a number of years now, and I'm currently
[42:07.920 --> 42:16.040]  at trial court level in two cases before two judges in two different counties.
[42:16.040 --> 42:21.400]  They actually sued us in a different adjacent county, and that's been to the appeals court
[42:21.400 --> 42:23.840]  and come back down.
[42:23.840 --> 42:33.000]  And in the second court, relative to a very recent gun range ordinance they put in place,
[42:33.000 --> 42:38.320]  and they're replying to us despite the fact that we have an appeals court ruling that
[42:38.320 --> 42:43.520]  says that we have grandfathered rights that are protected, that claim we're not allowed
[42:43.520 --> 42:49.800]  to operate a gun range even with our grandfathered status protected by an appeals court without
[42:49.800 --> 42:52.360]  their approval.
[42:52.360 --> 42:59.880]  So the more recent developments in that are that after being shut down for nearly a calendar
[42:59.880 --> 43:09.240]  year, the gun club did apply for the gun range permit, but we did so with lots of legal reservations
[43:09.240 --> 43:11.080]  and whatnot.
[43:11.080 --> 43:23.800]  And we submitted an application that exceeded 100 pages in length and was 4.4 and 5 times
[43:23.800 --> 43:30.040]  as large as the other gun range, which is the favored child in the county that doesn't
[43:30.040 --> 43:33.040]  get told, submitted.
[43:33.040 --> 43:35.880]  We submitted something with a lot more detail to it.
[43:35.880 --> 43:37.760]  Marcel, we're going to have to go to break.
[43:37.760 --> 43:40.080]  I'm just going to hold on for a second.
[43:40.080 --> 43:41.760]  This is Rule of Law Radio.
[43:41.760 --> 43:43.960]  You've got Randy Kelton, Vet Pack.
[43:43.960 --> 43:47.760]  Please call us at 512-646-1984.
[43:47.760 --> 44:17.680]  We'll be right back.
[44:18.440 --> 44:22.640]  Have a look at our miracle healing clay that started our adventure in alternative medicine.
[44:22.640 --> 44:26.680]  Take a peek at some of our other wonderful products, including our Australian emu oil,
[44:26.680 --> 44:30.360]  lotion candles, olive oil, soaps, and colloidal silver and gold.
[44:30.360 --> 44:37.560]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.560 --> 44:43.200]  That's 512-264-4043, naturespureorganics.com.
[44:43.200 --> 44:47.440]  Don't forget to like us on Facebook for information on events and our products.
[44:47.440 --> 44:49.440]  Naturespureorganics.com.
[45:17.440 --> 45:19.400]  What your lawyer should be doing.
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[46:02.200 --> 46:24.820]  Music playing.
[46:24.820 --> 46:33.860]  always i must be careful what i'm wishing for when i'm hungry i like to know just what i'm
[46:33.860 --> 46:40.820]  fishing for you're listening to rule of law radio with randy kelton vet pack we are listening to
[46:40.820 --> 46:49.540]  marshall right now marshall you want to continue sure work so we had applied for the permit and i
[46:49.540 --> 46:55.140]  had asked the judge to lift the injunction that had closed the range completely to to firearms
[46:55.140 --> 47:03.300]  discharge and we allowed archery and some things but closed the firearms discharge and we went back
[47:03.300 --> 47:08.820]  to court and the county objected to having the injunction lifted because our application was
[47:08.820 --> 47:16.580]  incomplete despite the intricate detail and great effort we put into it and after some discussion
[47:16.580 --> 47:24.740]  in court the judge seemed to get very very concerned for lack of a better description
[47:25.460 --> 47:30.260]  and said well you know worse to the effect we have to have an evidentiary hearing on this
[47:31.540 --> 47:34.660]  looks pretty good to me but do you want to have a hearing we'll have a hearing
[47:35.860 --> 47:43.140]  so anyhow it ended up that the uh the judge a later hearing uh opened the gun range
[47:43.140 --> 47:48.420]  and gave us uh what we had been seeking as some stipulations from the county
[47:49.380 --> 47:56.020]  uh got it as a court order from the judge he listed a a number of things protecting certain rights
[47:56.020 --> 48:01.620]  to our legal process and whatnot that we were looking for so the short and long list we are
[48:01.620 --> 48:08.100]  open under the second case but the first case still has us under restrictions so that's the
[48:08.100 --> 48:14.100]  size of that situation so we have 30 caliber restrictions and a number of others let me
[48:14.100 --> 48:22.820]  I've got the list here in front of me no commercial for-profit uses no military training uses
[48:23.940 --> 48:28.740]  no use of high explosive devices including explosive targets like tenorite for example
[48:30.020 --> 48:37.140]  no use of high caliber weaponry greater than 30 caliber and possibly the most egregious
[48:37.140 --> 48:44.980]  a ban on practical shooting uses including organized competitions and practice sessions
[48:46.100 --> 48:52.180]  and this is a shooting range that has been open for just short of 90 years
[48:53.140 --> 49:00.820]  and this uh the injunction I just read from was a nuisance injunction well if you move in
[49:00.820 --> 49:05.940]  next door to a gun range you might expect to hear gunfire some people might be surprised
[49:05.940 --> 49:14.820]  some people might think so those are basically the two cases we have in place the second case
[49:14.820 --> 49:22.260]  we are reopened from at this point we got dismissed the county's side of that civil lawsuit
[49:23.060 --> 49:28.900]  but the judge refused to dismiss our side of the lawsuit where we were claiming we had a
[49:28.900 --> 49:34.740]  counterclaims for damages and a couple of requests which was basically a judicial finding
[49:34.740 --> 49:40.420]  that we could operate albeit possibly to some limited extent without a permit under our
[49:40.420 --> 49:49.780]  grandfathered rights and then the alternative because of some technical violations throw out
[49:49.780 --> 49:56.580]  the gun range boardnets in its entirety it turns out that the state has a preemption
[49:56.580 --> 50:04.500]  preemption in this area but it has an exception and it lists what they have to do to utilize the
[50:04.500 --> 50:10.500]  exception and possibly a couple but certainly one of the steps that they're required to do
[50:11.220 --> 50:18.660]  they left out completely and why the courts under ideas of public safety will allow
[50:18.660 --> 50:27.700]  almost any excuse to legislate at the local level they don't let you do it with no basis at all
[50:28.500 --> 50:32.900]  so they have to actually claim somebody's been injured or some property's been damaged
[50:33.700 --> 50:38.100]  which they do not claim and did not claim before they passed the ordinance
[50:38.900 --> 50:44.980]  and didn't document that sort of thing so that's where we're at and the most interesting part
[50:44.980 --> 50:53.220]  is that we are past four weeks after the end of the case and we don't have a ruling from the judge
[50:54.100 --> 51:00.820]  not only do we I'm not saying we don't have a written ruling we don't have any rulings
[51:01.780 --> 51:07.780]  so four weeks out so our our lawyers are kind of considering that he might actually be filling
[51:07.780 --> 51:15.300]  actually be filling out the ordinance all together the ordinance under which we were closed for a
[51:15.300 --> 51:23.380]  calendar year so they're considering whether we should there's been some recent decisions in the
[51:23.380 --> 51:31.380]  ninth circuit that are done related that are kind of pointing to this issue and they're wondering
[51:31.380 --> 51:39.860]  if we shouldn't submit some extra references to these other cases to the judge they said we can't
[51:39.860 --> 51:45.940]  make any more arguments but we can certainly submit additional case law that has happened
[51:45.940 --> 51:52.660]  between the hearing and now so what does Randy think should should we leave well enough alone
[51:52.660 --> 52:02.660]  or should we submit some more legal references I would say it sounds like the judge did not have a
[52:03.140 --> 52:14.020]  predetermined ruling he's taking some time so it's a good chance he has his clerks going over the
[52:14.020 --> 52:23.300]  case law so I would definitely want to if there's a new current relative case law I would definitely
[52:23.300 --> 52:31.380]  want to get that in his hands well and I can't see see that as anything that would annoy the judge
[52:31.940 --> 52:41.220]  or would seem in any way improper or out of place yeah the new the new ruling is basically
[52:41.220 --> 52:47.940]  it's basically derivative of the the Heller decision basically says that when it comes to
[52:48.660 --> 52:55.300]  areas of of nuisance which is based well it's not the other case but this is related to that
[52:56.740 --> 53:04.020]  the standard to be used by the court is strict scrutiny which as I understand it is the very
[53:04.020 --> 53:13.460]  highest level of legal scrutiny what does strict scrutiny mean the the courts have different legal
[53:13.460 --> 53:22.740]  standards in different situations for government activity and strict scrutiny is as I understand
[53:22.740 --> 53:30.180]  it is the highest level of scrutiny for government action okay okay back up let me let me rephrase
[53:30.180 --> 53:39.220]  my comment this is when you use the term strict scrutiny in this context are they are you referring
[53:39.220 --> 53:46.180]  to strict scrutiny of the governmental behavior or strict scrutiny of the operation of the government
[53:46.180 --> 53:55.140]  branch strict scrutiny of the governmental behavior oh wonderful and and that is as I
[53:55.140 --> 54:01.700]  understand it is the same standard that is used currently being used for free speech so for the
[54:01.700 --> 54:08.740]  government to interfere with free speech they have to to have a proper basis and it it has to pass
[54:08.740 --> 54:14.180]  what they call the strict scrutiny test which is the very highest level the only thing higher than
[54:14.180 --> 54:21.780]  that is a complete prohibition on certain kinds of government action so that's that actually puts
[54:21.780 --> 54:30.420]  things into a completely different category so so that you can show where the the city failed to
[54:31.700 --> 54:41.460]  abide by all of the requirements in filing the in enacting the ordinance the strict scrutiny
[54:41.460 --> 54:46.660]  standard application should effectively nullify the effect of the ordinance
[54:46.660 --> 54:51.860]  uh well it requires instead of giving the court the option as I understand it the strict scrutiny
[54:51.860 --> 55:00.260]  rule says any flaw in the government action uh will prohibit them from from proceeding forward
[55:01.620 --> 55:05.060]  so whether so they don't have to overturn the ordinance
[55:07.060 --> 55:12.100]  so they don't have to overturn the ordinance here all they what what they do is they
[55:12.100 --> 55:18.500]  restrict the city from applying the ordinance is that correct
[55:18.500 --> 55:26.020]  actually gets because because we argued it two ways we argued it one that the the law as it is
[55:26.020 --> 55:31.620]  enacted and the procedure by which it was enacted is flawed that's number one number two is we
[55:31.620 --> 55:37.620]  argued that we are an exceptional situation because a we have gone through a lot of
[55:37.620 --> 55:44.900]  that we are an exceptional situation because a we have grandfathered rights and b we have
[55:44.900 --> 55:52.660]  grandfathered rights by appellate court order so that our position is now so your grand
[55:52.660 --> 56:02.660]  your grandfather's rights are residue to cotta exactly and because the county didn't
[56:02.660 --> 56:10.580]  uh uh make a waiver or give us an option albeit to possibly some limited extent and and possibly
[56:10.580 --> 56:14.660]  we're not going to be able to expand without applying for a permit because they didn't give
[56:14.660 --> 56:20.900]  us an exception to operate in the grandfathered fashion under the strict scrutiny rule they can't
[56:20.900 --> 56:28.820]  proceed they either do it properly or they can't get any restriction at all this is good it sounds
[56:28.820 --> 56:35.860]  like you may actually be close to at least getting the trial court portion out of the way
[56:35.860 --> 56:43.140]  if you win at the trial court level would the restrictions placed on you be lifted
[56:44.420 --> 56:50.900]  even though there was an appeal well remember there's two cases in two separate courts
[56:51.540 --> 56:57.780]  the closure and the permit is case two the restrictions i listed were case one but here's
[56:57.780 --> 57:04.180]  the problem for them if the judge throws out the ordinance that isn't in its entirety or if he
[57:04.180 --> 57:10.980]  rules that no we were allowed to operate some limited extent under our grandfathered rights he
[57:10.980 --> 57:19.300]  does either one of those we've been closed for a calendar year unlawfully and well and we have
[57:20.660 --> 57:26.020]  even if there's two cases if there is an adjudication on the inapplicability of the
[57:26.020 --> 57:33.140]  statute then that should that would be a collateral estoppel as to the other case
[57:35.540 --> 57:41.460]  uh they would argue not because one one's basically an ordinance case and one is a
[57:41.460 --> 57:46.900]  nuisance case but okay right from a practical standpoint you're right from a practical
[57:46.900 --> 57:52.820]  standpoint because of this they're facing the same problem because we've got counterplains
[57:52.820 --> 57:58.980]  before the same judge um he could get himself in big trouble and he may give us a huge ruling
[57:59.540 --> 58:06.580]  that they don't want so we may be to come to a agreed upon resolution where uh in both cases
[58:07.620 --> 58:08.660]  that would be great
[58:11.220 --> 58:13.140]  okay it sounds like you're getting some leverage
[58:16.020 --> 58:19.380]  okay hang on music's on about to go to break
[58:19.380 --> 58:24.740]  break i'm ready it is take this away from me
[58:27.220 --> 58:33.300]  i got this this is rule of law radio here listening to randy kelton vet pack
[58:33.300 --> 58:50.020]  please call us at 512-646-1984 we'll be right back
[58:50.020 --> 58:54.020]  would you like to make more definite progress in your walk with god
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[59:48.980 --> 59:58.180]  b you're listening to the logos radio network at logosradionetwork.com
[01:00:00.420 --> 01:00:04.260]  the following flash is brought to you by the low start low down
[01:00:06.980 --> 01:00:11.620]  markets for monday the 16th of may 2016 are currently trading with gold at one thousand
[01:00:11.620 --> 01:00:16.260]  two hundred seventy two dollars and 20 cents an ounce silver 17 dollars and 12 cents an ounce
[01:00:16.260 --> 01:00:22.660]  texas crude 46 hours and 21 cents a barrel and bitcoin is currently sitting at about 458 u.s
[01:00:22.660 --> 01:00:34.820]  currency today in history the year 1918 the sedition act is passed by u.s congress making
[01:00:34.820 --> 01:00:40.580]  criticism of the government an imprisonable offense an expansion of the espionage act of 1917 it
[01:00:40.580 --> 01:00:44.820]  bans speech and the expression of opinion that casts the government or the war effort in a
[01:00:44.820 --> 01:00:49.620]  negative light of course excused by the perceived interference with the sale of government bonds
[01:00:49.620 --> 01:00:53.540]  the end of free speech in the u.s during wartime today in history
[01:00:57.700 --> 01:01:02.820]  in recent news a texas openly gay church pastor jordan brown wrote a statement today that whole
[01:01:02.820 --> 01:01:07.540]  foods the company did nothing wrong this is after he back in april had requested a cake from the
[01:01:07.540 --> 01:01:12.180]  all-natural organic grocery store with the phrase love wins on it but then claimed that he received
[01:01:12.180 --> 01:01:16.900]  a cake with an added homophobic slur brown said in his statement today quote i want to apologize
[01:01:16.900 --> 01:01:21.060]  to whole foods and its team members for questioning the company's commitment to its values and
[01:01:21.060 --> 01:01:25.220]  especially the baker associate who i understand was put in a terrible position because of my
[01:01:25.220 --> 01:01:31.300]  actions i apologize to the lgbt community for diverting attention from real issues i also want
[01:01:31.300 --> 01:01:35.940]  to apologize to my partner my family my church family and my attorney whole foods filed a
[01:01:35.940 --> 01:01:39.860]  countersuit against brown and hasn't stated whether it would drop the action now that brown
[01:01:39.860 --> 01:01:48.340]  has dropped his frivolous lawsuit the university of miami has detected a radioactive isotope
[01:01:48.340 --> 01:01:53.300]  produced by nuclear reactors in vascaim bay spiking at 200 times higher than normal level
[01:01:53.300 --> 01:01:58.100]  at the turkey point nuclear power plant located just south of miami confirming suspicion that
[01:01:58.100 --> 01:02:03.140]  turkey points aging canals are leaking into the nearby national park south miami mayor philip
[01:02:03.140 --> 01:02:07.700]  stoddard who is also a biological science professor at the florida international university
[01:02:07.700 --> 01:02:13.060]  told the miami new times quote you have to work hard to find a worse place to put a nuclear plant
[01:02:13.060 --> 01:02:17.940]  right between two national parks and subject to hurricanes and storm surge laura reynolds an
[01:02:17.940 --> 01:02:21.940]  environmental consultant who worked with the tropical autobahn society and the southern
[01:02:21.940 --> 01:02:26.980]  alliance for clean energy which intends to file a lawsuit stated that quote we know now exactly
[01:02:26.980 --> 01:02:31.140]  where the pollution is coming from and we have a tracer that shows it is in the national park we
[01:02:31.140 --> 01:02:35.140]  are worried about the marine life there and the future of the vascaim bay this leak comes only
[01:02:35.140 --> 01:02:39.220]  several months after new york governor andrew cromo acknowledged at the state's indian point
[01:02:39.220 --> 01:02:43.860]  nuclear facility was leaking tritium into the local groundwater the indian point nuclear power
[01:02:43.860 --> 01:02:49.300]  plant is located on the hudson river approximately 25 miles north of new york city and serves the
[01:02:49.300 --> 01:03:06.100]  electrical needs of an estimated two million people this is rick roadie with your lowdown for may 16th 2016
[01:03:19.300 --> 01:03:31.940]  you're listening to rule of law radio with randy kelton vent pack randy would you like to continue
[01:03:33.060 --> 01:03:39.700]  okay marshall it sounds like uh sounds like you're making headway
[01:03:41.860 --> 01:03:46.020]  well i think we are and there's a few extra facts that you might want to consider
[01:03:46.020 --> 01:03:52.420]  number one is that historically this judge that local lawyers know his habits he usually rules
[01:03:52.420 --> 01:04:00.900]  in a couple of days on cases not more than a week and we're four weeks out that's number one and
[01:04:00.900 --> 01:04:08.020]  number two he retired in january he has no other cases oh
[01:04:08.020 --> 01:04:17.060]  oh so maybe either he's really studying this one over or he forgot about you
[01:04:19.060 --> 01:04:24.500]  well i doubt he forgot about us it's a pretty high profile thing locally but uh our lawyer's
[01:04:24.500 --> 01:04:30.260]  position is because of this very recent night circuit case the county's position has become
[01:04:30.260 --> 01:04:36.020]  completely untenable and they started to outline an appeals case if he does rule against us
[01:04:36.020 --> 01:04:40.660]  they want to file with the appeal within seven days not notice of appeal they want to file the
[01:04:40.660 --> 01:04:47.220]  appeal within seven days uh they can't it's their position according to our lawyers they can't win
[01:04:49.460 --> 01:04:56.980]  and um so they basically they our lawyers have told us start thinking about exactly what we want
[01:04:56.980 --> 01:05:04.580]  in a settlement we need to outline it and have it in hand and ready to act on it let's make a deal
[01:05:04.580 --> 01:05:11.780]  let's make a deal and um so we'll see of course we want our attorney's fees but
[01:05:11.780 --> 01:05:19.620]  the the organization has been basically bankrupted and um so uh we'll see we don't
[01:05:19.620 --> 01:05:24.500]  want to get greedy but uh we also don't want to let them off too light either
[01:05:24.500 --> 01:05:37.540]  so yeah they need a good hammering because even you know if they lose they're looking
[01:05:37.540 --> 01:05:45.540]  at a major lawsuit from you guys well according according to one of our lawyers that has ruled
[01:05:45.540 --> 01:05:52.900]  because this is a basically a land use situation from our perspective uh because a local government
[01:05:52.900 --> 01:06:00.580]  abusing their power to tamper with property rights through ordinance he's got a list of
[01:06:00.580 --> 01:06:11.540]  cases in this state with multi-million dollar awards oh wonderful this is good news or maybe
[01:06:11.540 --> 01:06:20.100]  good news well we'll see but um and i find it interesting i've having been in a lot of the
[01:06:20.100 --> 01:06:28.580]  court hearings myself i've seen the the judge's demeanor change from the beginning which i would
[01:06:28.580 --> 01:06:36.660]  say he was certainly on the county side and he acquiesced to anything they wanted and the last
[01:06:36.660 --> 01:06:44.260]  few hearings have been of a very different nature uh he at several points to respond they
[01:06:44.260 --> 01:06:49.620]  asked the prosecutor's office questions about procedure and things that had been done and
[01:06:49.620 --> 01:06:58.980]  things that had not been done um without even our lawyers asking about it and uh i would say his
[01:06:58.980 --> 01:07:07.380]  demeanor was very very different than what it had been earlier um because we got the earlier ruling
[01:07:07.380 --> 01:07:13.220]  they the county didn't want us to have discovery at all in a civil case they wanted discovery
[01:07:13.220 --> 01:07:18.660]  banned which is a fundamental due process right the judge wouldn't hear any of that you know these
[01:07:18.660 --> 01:07:25.780]  people will have their discovery so his demeanor has changed so i'm not going to say he's on our
[01:07:25.780 --> 01:07:32.100]  side but i i'm much more encouraged that he's going to be even handed than i was at the beginning
[01:07:32.100 --> 01:07:38.100]  of the case well this is wonderful news as you've been fighting this a long time
[01:07:38.100 --> 01:07:42.260]  and for the most part you've been fighting it from the underdog side
[01:07:43.940 --> 01:07:49.380]  so it must feel really good to actually get to a point where you can see a light at the end of the
[01:07:49.380 --> 01:07:57.380]  tunnel and it's not a train coming at you well it's uh it's been kind of a lonely thing out here
[01:07:58.180 --> 01:08:03.540]  of course they way the things were done they they did it so that they only had to fight us
[01:08:03.540 --> 01:08:09.780]  um they gave waivers in the ordinance so it didn't apply to shotgun ranges and of course there's a
[01:08:09.780 --> 01:08:15.460]  favored child range that are being are doing as they're told and of course they didn't have any
[01:08:15.460 --> 01:08:23.940]  problems and we've been given a very hard time and um and as i've mentioned in previous discussions
[01:08:23.940 --> 01:08:34.420]  with you this is the only full service gun range uh west of Puget Sound in Washington this is not
[01:08:34.420 --> 01:08:41.460]  a small gun range and um so we will see but it's looking pretty good from my perspective
[01:08:42.420 --> 01:08:44.580]  oh wonderful this is good news
[01:08:46.900 --> 01:08:50.180]  nice to hear somebody hangs in there and don't give up
[01:08:50.180 --> 01:08:59.300]  that uh eventually the worm tends to turn so keep us up to date uh be nice to be nice on the next
[01:08:59.300 --> 01:09:01.620]  call to hear that you won this decision
[01:09:03.460 --> 01:09:08.900]  sounds good thanks for your time randy okay thank you marshall okay now we're going to
[01:09:08.900 --> 01:09:16.900]  oliver in tennessee hello oliver hey how you doing love i'm doing good how are you doing
[01:09:16.900 --> 01:09:21.780]  there with the local constabulary in tennessee
[01:09:24.900 --> 01:09:33.860]  i don't know how to say it but i feel good about it i ain't worried but i got some new things that
[01:09:33.860 --> 01:09:42.500]  came up i had a situation the other day where on the 18th they
[01:09:42.500 --> 01:09:51.380]  told vehicles from my from my house and knocked down the house from the condemnation that they said
[01:09:51.860 --> 01:09:53.620]  they apparently went through
[01:09:56.500 --> 01:10:00.020]  and was was the house occupied
[01:10:00.980 --> 01:10:07.460]  uh no no the house was not i suffered a fire in december and
[01:10:07.460 --> 01:10:16.260]  i wasn't able to get it built and handled it and they said that oh they went through a condemnation
[01:10:16.260 --> 01:10:24.820]  hearing and all that and they they condemned the house and i needed to do this man i'm like well
[01:10:24.820 --> 01:10:30.820]  i have private property i kind of love my law and i'm not going to pay you no attention
[01:10:30.820 --> 01:10:38.740]  so unless you know i get something in the proper form from indictments and something saying i get
[01:10:38.740 --> 01:10:48.580]  the court or whatever but until then whatever so i want to say once they did that i went and go
[01:10:48.580 --> 01:10:55.220]  check to see if they had anything in the records for the wait a minute i don't know i don't know
[01:10:55.220 --> 01:11:01.140]  i went and go check to see if they had anything in the records for the wait a minute can you
[01:11:01.140 --> 01:11:07.060]  get the mic a little farther from your mouth i'm getting a lot of distortion okay can you hear me
[01:11:07.060 --> 01:11:20.260]  now yes okay after they knocked down as i got out of jail i went and looked at all the records and
[01:11:20.260 --> 01:11:26.660]  courts to see if they had anything about condemnation on my house or my property or my
[01:11:26.660 --> 01:11:33.460]  name anything they went and looked through and she said oh everyone all the courts that i went
[01:11:33.460 --> 01:11:39.780]  through that they have no records of anything being processed against my property or in my bank
[01:11:39.780 --> 01:11:51.700]  okay so you're saying they didn't okay i'm not familiar with the the law in Tennessee concerning
[01:11:51.700 --> 01:11:58.660]  condemnation of property what is the process the is this a municipality are you in town
[01:11:58.660 --> 01:12:08.100]  i'm in the city okay what is what is the process for condemnation in the code what does it require
[01:12:10.260 --> 01:12:16.820]  in the code i didn't take a look at that i have that i can go find it when i get the chance
[01:12:17.860 --> 01:12:25.940]  and take a look at that but i wasn't considering the attacking that or using that what i was
[01:12:25.940 --> 01:12:35.620]  considering using i found several as far as i want to use the property right um fifth amendment
[01:12:36.660 --> 01:12:43.300]  is this private property i have no contact with them okay wait a minute well wait a minute i'm
[01:12:43.300 --> 01:12:52.660]  not sure i understand what you're talking about here uh right they how are you getting the fifth
[01:12:52.660 --> 01:13:04.180]  amendment well what is going to be the uh from what i was what i saw was uh it had the taking clause on
[01:13:04.180 --> 01:13:15.780]  that and and the only way that they had they could condemn my property is going through a judicial
[01:13:15.780 --> 01:13:24.580]  you have to have okay that's what i'm saying what is the state procedure for property condemnation
[01:13:26.820 --> 01:13:32.660]  i got it okay you can't accuse them of not doing what they were supposed to
[01:13:32.660 --> 01:13:35.780]  unless you can specify what they were supposed to do
[01:13:38.260 --> 01:13:45.460]  that should be the first place you look i got you looking the property code on condemnation
[01:13:45.460 --> 01:13:50.100]  there should be a lot on it because this is really serious and it's a big deal issue when
[01:13:50.100 --> 01:13:55.620]  you go knock when the when the state goes and interferes with someone else's property rights
[01:13:55.620 --> 01:14:02.340]  that's a really big deal right i found the case in the settled in kentucky supreme court two years
[01:14:02.340 --> 01:14:12.420]  ago uh stating that it's called uh regulatory taken when they do that and in the condom if they
[01:14:12.420 --> 01:14:18.580]  do condemn a property in the condemnation it is stated in there i don't have the case with me
[01:14:18.580 --> 01:14:25.780]  right now but it stated that in the if they do condemn it uh the property owners have to be
[01:14:27.300 --> 01:14:34.260]  uh compensated for it they have to go through a process and they have to be compensated for it
[01:14:34.260 --> 01:14:40.740]  and they they ruled in in their favor in the same county this is the same city clarkville
[01:14:40.740 --> 01:14:46.900]  and montgomery county two years ago oh okay so they've already been through this
[01:14:48.020 --> 01:14:56.340]  and so they yeah so yeah now okay are you familiar with the concept of collateral estoppel
[01:14:58.500 --> 01:15:07.300]  collateral estoppel collateral estoppel collateral estoppel is where the
[01:15:07.300 --> 01:15:14.260]  the an entity has been in court for instance on a condemnation if your
[01:15:15.780 --> 01:15:23.780]  case is essentially the same as the prior case and the city came in and made arguments they could
[01:15:23.780 --> 01:15:30.020]  they could do certain things and the court ruled that they could not do those things they can't
[01:15:30.020 --> 01:15:35.940]  come back into court and make that claim again it's already been overruled they're subject to
[01:15:35.940 --> 01:15:43.860]  collateral estoppel collateral estoppel okay so make sure you read that their cases carefully
[01:15:44.500 --> 01:15:51.460]  and that case will tell you where the city has already been ruled against
[01:15:52.020 --> 01:15:57.140]  so if they come back in and try to make the same argument again then you hammer them and ask for
[01:15:57.140 --> 01:16:04.100]  sanctions collateral estoppel because yeah that's why i said i had to call you because i knew you
[01:16:04.100 --> 01:16:09.460]  would have a special argument but the way that they wrote it out their opinion i went and read
[01:16:09.460 --> 01:16:15.380]  their opinion the way that they wrote out the opinion they made sure that they included any
[01:16:16.420 --> 01:16:27.060]  way or wording that they could to stop that issue from even being something to be debated about
[01:16:27.060 --> 01:16:34.020]  they really clearly wrote that opinion that's wonderful that that that's a great find since
[01:16:34.020 --> 01:16:39.300]  it's in the same record hang on we're about to go to break here hang on we'll be right back
[01:16:40.580 --> 01:16:45.860]  this is a rule of law radio with randy kelton vet pack please call us at
[01:16:45.860 --> 01:16:57.700]  512-646-1984 haha randy i got you we'll be right back
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[01:19:06.180 --> 01:19:20.020]  oh come on
[01:19:20.020 --> 01:19:40.580]  you're listening to rule of law radio this is randy kelton vet pack we are back and we are
[01:19:40.580 --> 01:19:49.300]  listening to oliver oliver please go ahead and continue hold on there there we go got you
[01:19:49.300 --> 01:19:55.620]  muted it was the clock was a little slow okay so they made it very clear and they called it
[01:19:55.620 --> 01:20:04.660]  regulatory taking and they made sure that it was just as inclusive as the fifth amendment
[01:20:04.660 --> 01:20:14.660]  protection on taking on property okay did they any regulation did this court provide any
[01:20:14.660 --> 01:20:20.500]  prescription on determining the value of the property before they destroyed it
[01:20:24.660 --> 01:20:33.540]  which the court whatever process that they went through yeah well did they did the case you read
[01:20:34.340 --> 01:20:40.500]  provide a prescription for how to determine how much restitution you were
[01:20:40.500 --> 01:20:45.540]  or had a right to if it
[01:20:48.100 --> 01:21:00.100]  diminished value from me being having use of it or utility then it could be up to the whole
[01:21:00.100 --> 01:21:03.460]  wait a minute wait a minute i'm having a terrible time understanding you
[01:21:03.460 --> 01:21:10.820]  you move the mic a little further away from your mouth a little further yeah that's better
[01:21:12.100 --> 01:21:22.420]  okay i haven't um read that report this season as far as it is it was kind of long
[01:21:22.420 --> 01:21:27.540]  and i was making sure i read it real slow and over and over make sure i get it first you know
[01:21:27.540 --> 01:21:33.780]  i went and found all the words and expected a correct understanding of it so i haven't read the
[01:21:33.780 --> 01:21:42.180]  whole file of it but others that i've seen other cases that i've seen that similar said that if it
[01:21:43.540 --> 01:21:53.860]  requires utility and a certain part of usage okay has the city made any offer of restitution
[01:21:53.860 --> 01:22:03.780]  no have you requested restitution or or do you know what this what the procedure for that is
[01:22:05.300 --> 01:22:14.500]  it has to be in a due process course and it has to be before they call it to action
[01:22:14.500 --> 01:22:26.500]  call it to action wait a minute that's that's too short uh what is the procedure okay when a
[01:22:27.300 --> 01:22:37.940]  municipality decides to uh demolish a structure or condemn a structure is there a procedure
[01:22:37.940 --> 01:22:45.780]  prescribed in that process for determining the value of your property and for reimbursing you
[01:22:47.540 --> 01:22:53.460]  yes but i'm not 100 sure about it because i've been looking through a lot of information
[01:22:53.460 --> 01:23:00.340]  but i have seen that there okay first very first thing you need to look at
[01:23:00.340 --> 01:23:10.740]  that is the authority the city acted under in doing the demolition you need to read that code
[01:23:11.860 --> 01:23:19.140]  certainly going to be in the property code okay you read that code first before or you start
[01:23:19.140 --> 01:23:24.500]  doing your research read the code first after you read the code that'll tell you where to look
[01:23:24.500 --> 01:23:35.780]  and what kind of issues to look for okay okay so call us back once you've you've gone through it
[01:23:35.780 --> 01:23:42.100]  and let's see what you're going to what options you have available to you it's i can't comment
[01:23:42.100 --> 01:23:47.940]  on it now because i have no idea what the what the code is and until you've read the code you
[01:23:47.940 --> 01:23:53.220]  don't know if they followed it or didn't follow it and you hope they didn't follow it gives you
[01:23:53.220 --> 01:23:59.060]  a better claim against them so call us back next week and let us know where you're at
[01:24:01.140 --> 01:24:07.620]  okay thank you oliver okay now we're going to tony in pennsylvania hello tony
[01:24:08.580 --> 01:24:14.660]  hey how you doing randy doing good what do you have for us today well let's first of all can
[01:24:14.660 --> 01:24:21.060]  you hear me okay yes i can i'll make sure that that's good okay um randy i'm going to ask you
[01:24:21.060 --> 01:24:26.820]  this is a very pending matter this just changed literally four hours ago got worse i have absolutely
[01:24:26.820 --> 01:24:30.740]  have to do something about this right now i know that i talked to you about the foreclosure
[01:24:30.740 --> 01:24:34.260]  documents i was going to send you but this is pertinent this is right now i have to do something
[01:24:35.780 --> 01:24:40.020]  i mentioned this before i looked up a little bit and tried to do a little study and
[01:24:40.020 --> 01:24:46.660]  about the um i told you about the right to evict here and the denial of due process and the denial
[01:24:46.660 --> 01:24:52.020]  of remedy in court so i simply want to get this in court once i get it in court i already know
[01:24:52.020 --> 01:24:57.780]  what's going to happen getting into court is the problem now what i've got here is three things
[01:24:57.780 --> 01:25:02.820]  number one the three requirements that the city tells you to be able to file in court in the first
[01:25:02.820 --> 01:25:07.700]  place you have to have a copy of the lease if you don't have a copy they use a verbal month-to-month
[01:25:07.700 --> 01:25:13.460]  term a notice to vacate and you have to have a copy of a rental license this is the problem
[01:25:13.460 --> 01:25:20.980]  what they've now done is i have a copy of requesting the license online and they said that
[01:25:20.980 --> 01:25:25.220]  your payment is being processed then all of a sudden they denied it and said i had to go through
[01:25:25.220 --> 01:25:31.620]  all these requirements to be able to get it so now they denied my right to court now today i get a
[01:25:31.620 --> 01:25:38.660]  letter on my door that basically says any further payments will come to a halt until the apartment
[01:25:38.660 --> 01:25:44.260]  is up to cover repairs and your license to rent is restored what that basically means is they're
[01:25:44.260 --> 01:25:49.940]  behind in a rent this just happens all the time so now when they say until your license to rent is
[01:25:49.940 --> 01:25:56.900]  restored that is now clear direct damages that i am now encountering as of this moment forth because
[01:25:56.900 --> 01:26:02.260]  of what the city will not allow me to do in court which i know the process in court to be once i get
[01:26:02.260 --> 01:26:07.780]  there now i looked up i did speak with a lawyer last week about this okay wait a minute wait a
[01:26:07.780 --> 01:26:16.180]  minute tony you didn't give us a referential in-depth give us an idea i take it from what
[01:26:16.180 --> 01:26:26.740]  you've said so far this is a property that you're leasing out yes okay and you have what's the issue
[01:26:28.580 --> 01:26:32.740]  the issue is that if i get in the court i would have evicted them last week before this occurred
[01:26:32.740 --> 01:26:38.980]  today because i saw this coming okay so you're trying to do an eviction and
[01:26:41.620 --> 01:26:48.260]  what kind of license do you have to have yeah they're using my rental license as hostage
[01:26:48.260 --> 01:26:54.580]  to deny me my due process and my right to a remedy and when i applied for the license online i have
[01:26:54.580 --> 01:26:59.700]  a document that proves that and they said that your payment was processed and they denied it
[01:26:59.700 --> 01:27:06.420]  so i have proof that i tried to apply for the license and then that's the reason for not allowing
[01:27:06.420 --> 01:27:12.420]  me to go to court and then this woman specifically mentions the license in the letter and says
[01:27:12.420 --> 01:27:19.300]  word for word any further payments will come to a halt until your license is to rent is restored
[01:27:19.300 --> 01:27:27.620]  okay wait a minute who is this woman the tenant that i want to evict does the tenant have the right
[01:27:27.620 --> 01:27:37.380]  to cease payment based on your licensing position it's not current they won't give it to me
[01:27:38.100 --> 01:27:45.060]  i can't get in court to a victim no no no that wasn't the question does it does the tenant have
[01:27:45.060 --> 01:27:51.540]  the oh okay i'm see where you're going does you know in most states that a tenant can't stop
[01:27:51.540 --> 01:27:58.260]  payment because it has an issue with the landlord well that's a procedural error in their part i
[01:27:58.260 --> 01:28:02.900]  agree with you but the fact is i already wanted to get rid of them but i can't because of this
[01:28:02.900 --> 01:28:12.500]  issue you can't you can't is there any a expedited process for the license for securing a license
[01:28:14.260 --> 01:28:19.220]  no they're telling me i have to meet all these crazy unfiled returns and crap which has nothing
[01:28:19.220 --> 01:28:26.340]  to do with this which takes time to do but when i i did speak with a lawyer last week randy
[01:28:26.340 --> 01:28:31.780]  and he mentioned to me that i could file a a declaratory injunctive relief he mentioned
[01:28:31.780 --> 01:28:37.380]  now i looked that up and all i saw about that a lot of it was uh had to do with the court
[01:28:38.100 --> 01:28:42.980]  and the judge but i'm trying to get relief here so i don't know what that has to do with the job
[01:28:42.980 --> 01:28:49.300]  okay well you're kind of being cryptic with us what is the nature of the relief you're trying
[01:28:49.300 --> 01:28:58.900]  to secure is it eviction yes okay but in but in other words once i again once i get it filed in
[01:28:58.900 --> 01:29:02.100]  court i already know what the court process is going to be i've been doing this for almost
[01:29:02.100 --> 01:29:07.460]  30 years i need to get it into court they're denying me the right to even get it into court
[01:29:07.460 --> 01:29:13.300]  hey what what what happened to the license what was the problem with it did you not have one before
[01:29:14.420 --> 01:29:19.060]  they won't give it to me no no you've been doing this for 30 years
[01:29:20.100 --> 01:29:26.660]  was there no license requirement prior oh no this what i'm referring to is a new thing that
[01:29:26.660 --> 01:29:33.540]  happened last year they decided to all of a sudden decide that if you owe any money to the city for
[01:29:33.540 --> 01:29:38.340]  anything it doesn't even matter if it's another property you have to pay them and they said that
[01:29:38.340 --> 01:29:44.260]  they they created this little forest tony we're gonna have to take break we will be right back
[01:29:44.260 --> 01:29:52.020]  this is rule of law radio randy kelton vent pack please call us 512-646-1984 we've got
[01:29:52.020 --> 01:30:04.900]  a few more minutes left we'll be right back so did you catch that yawn researchers have found
[01:30:04.900 --> 01:30:09.780]  that when someone yawns about half the people nearby will yawn too i'm vector catherine albrecht
[01:30:09.780 --> 01:30:14.340]  i'll be back in just a moment with the latest scientific explanation for contagious yawning
[01:30:15.140 --> 01:30:20.980]  your search engine is watching you recording all your searches and creating a massive database of
[01:30:20.980 --> 01:30:26.900]  your personal information that's creepy but it doesn't have to be that way startpage.com is the
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[01:30:43.300 --> 01:30:48.580]  the world's most private search engine there are lots of theories about why we yawn some say it's
[01:30:48.580 --> 01:30:53.860]  caused by boredom or lack of sleep others blame it on the need for more oxygen whatever the cause
[01:30:53.860 --> 01:30:58.900]  it's clear that most people react to yawns by yawning themselves researchers say the so-called
[01:30:58.900 --> 01:31:03.860]  contagious yawning is a way to synchronize with those around us biologically and socially
[01:31:03.860 --> 01:31:08.820]  scientists have found that contagious yawning is learned to behavior it starts around age four in
[01:31:08.820 --> 01:31:13.540]  children with normal development interestingly children who have difficulty picking up social
[01:31:13.540 --> 01:31:18.740]  cues like those with autism aren't as susceptible to catching yawns they yawn contagiously only
[01:31:18.740 --> 01:31:24.500]  half as often and those who are severely autistic don't respond to yawns at all i'm dr katherine
[01:31:24.500 --> 01:31:32.580]  albrecht more news and information at katherinealbrecht.com this is building seven a 47
[01:31:32.580 --> 01:31:37.380]  story skyscraper that fell on the afternoon of september 11 the government says that fire
[01:31:37.380 --> 01:31:43.860]  brought it down however 1500 architects and engineers concluded it was a controlled demolition
[01:31:43.860 --> 01:31:48.180]  over 6000 my fellow service members have given their lives thousands of my fellow first responders
[01:31:48.180 --> 01:31:52.340]  are dying i'm not a conspiracy theorist i'm a structural engineer i'm a new york city correction
[01:31:52.340 --> 01:31:57.380]  officer i'm an air force pilot i'm a father who lost his son we're americans and we deserve the
[01:31:57.380 --> 01:32:03.220]  truth go to rememberbuildingseven.org today hey it's danny here for hill country home improvements
[01:32:03.220 --> 01:32:07.700]  did your home receive hail or wind damage from the recent storms come on we all know the government
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[01:32:42.980 --> 01:32:48.180]  radio network to help continue this programming so if those out of town roofers come knocking
[01:32:48.180 --> 01:32:57.220]  your door should be locking that's 512-992-8745 or hillcountryhomeimprovements.com discounts are
[01:32:57.220 --> 01:33:02.740]  based on full roof replacement may not actually be kidding about kim trails you are listening
[01:33:02.740 --> 01:33:10.740]  to the logos radio network logosradio network.com
[01:33:22.900 --> 01:33:29.300]  you're listening to rule of law radio with randy kelton vet pack and we are speaking with tony
[01:33:29.300 --> 01:33:36.260]  from pennsylvania tony go ahead and continue so anyway randy you had a question for me
[01:33:37.060 --> 01:33:47.380]  to get clarity there well i'm trying to figure out it's have you been leasing out properties
[01:33:47.380 --> 01:33:53.700]  for some time now yes but but you know you know why it's tough to figure this out randy because
[01:33:53.700 --> 01:33:58.420]  it's really straightforward and simple but the city tries to make it complicated um i had a
[01:33:58.420 --> 01:34:04.100]  license the prior year this is a new system that they adopted and then they denied me the license
[01:34:06.980 --> 01:34:13.300]  so do you have to refile every year every year yes this particular license yes you have to
[01:34:13.300 --> 01:34:21.300]  refile once a year and when did they change the procedures yes before what it takes to get it did
[01:34:21.300 --> 01:34:27.140]  they give adequate notice of the changing procedures they decided that if you owe any
[01:34:27.140 --> 01:34:31.380]  money to the city for anything it doesn't even matter if that's property it can be another
[01:34:31.380 --> 01:34:39.300]  property they'll deny your licenses for everything which is absurd but importantly they're denying
[01:34:39.300 --> 01:34:46.980]  you your due process you know and your right to a remedy in court and so now they they make it
[01:34:48.340 --> 01:34:54.900]  they make it so that you can't collect your rent to be able to thank you exactly bring it up to
[01:34:54.900 --> 01:34:58.820]  date it's that absurd what i'm saying it's actually that absurd yes
[01:35:01.940 --> 01:35:09.380]  so this is this is so specific to pennsylvania that i i thank you for noticing because that's
[01:35:09.380 --> 01:35:13.940]  why i'm fed up about this crap randy i don't even want to be here anymore this is what they
[01:35:13.940 --> 01:35:19.620]  do because it's not one thing randy they do this with so many things here it's over regulated and
[01:35:19.620 --> 01:35:25.300]  it's beyond ridiculous but i don't want to rant so i just i'm looking for a session here a lawyer
[01:35:25.300 --> 01:35:30.340]  mentioned about a decree uh declaratory uh injunctive relief i looked up a little bit
[01:35:30.340 --> 01:35:38.500]  about that and um it seems to refer to a court or a um the judge a lot of it you know okay
[01:35:39.460 --> 01:35:46.180]  well declaratory release you can ask for declaratory release for most anything uh
[01:35:46.180 --> 01:35:55.060]  uh here it seems like the licensing requirement was specifically designed to put you in the
[01:35:55.060 --> 01:36:05.860]  position that you're in well thank you for noticing exactly yeah so okay is it are you
[01:36:05.860 --> 01:36:12.740]  able to clear the debt you owe to the city yes but it would take time and in the meantime these
[01:36:12.740 --> 01:36:17.940]  guys are beating me out of rent you know what do you do i got bills to pay like you know like any
[01:36:17.940 --> 01:36:25.460]  landlord does yeah i really don't know what the solution for this one is you know this is so
[01:36:25.460 --> 01:36:30.660]  specific to wanted to see if you did know or maybe you could you know they're denying there's no
[01:36:30.660 --> 01:36:34.820]  question that i'm right here because the lawyer would not have come up with this solution there's
[01:36:34.820 --> 01:36:42.660]  um there's a denial of due process and what when she wrote this today randy it is directly stating
[01:36:42.660 --> 01:36:49.620]  that i am now as of today receiving damages she said she's not paying me rent because i
[01:36:49.620 --> 01:36:54.340]  don't have a license and they denied me that license and they tell me i have to have it
[01:36:54.340 --> 01:37:00.820]  to file in court to get rid of them this is damage there's no question about it question is what do
[01:37:00.820 --> 01:37:08.740]  i how do i how does your renter know you don't have a license i'm sorry how does your renter
[01:37:08.740 --> 01:37:15.460]  know that you don't have a license well i i would i can i think by the language of this letter
[01:37:16.180 --> 01:37:23.060]  it looks to me which is typical of the city whose taxes you pay for they tell them all these rights
[01:37:23.060 --> 01:37:28.660]  that they have and um but they don't explain them to them accurately and that somebody probably
[01:37:28.660 --> 01:37:34.580]  told them this because the rest of the language of the letter tells me that someone gave them this
[01:37:34.580 --> 01:37:41.380]  information from downtown the people whose taxes i'm paying for to do this to me okay what i'm
[01:37:41.380 --> 01:37:51.220]  looking at is torturous interference with a private contract thank you and that would be a gift to the
[01:37:51.220 --> 01:38:01.220]  city if the city has taken some action to encourage this renter to to improperly withhold
[01:38:01.220 --> 01:38:05.220]  payment and that's torturous interference
[01:38:06.580 --> 01:38:11.220]  and they've done it this is not the first time andy i can tell countless times over the years i know
[01:38:12.100 --> 01:38:16.500]  thank you thank you for that that's what i'm just looking for a solution here because as of today
[01:38:16.500 --> 01:38:24.180]  they're done paying me okay send a a letter to this do you have any evidence that the city
[01:38:24.180 --> 01:38:35.060]  has contacted them uh that has contacted them yeah the liso the lessors they contact them but i know
[01:38:35.060 --> 01:38:42.900]  that i i let's put it this way the the way this started two days ago randy i called this lady to
[01:38:42.900 --> 01:38:47.540]  verify employment because i don't believe she had the ability to pay me rent anymore i called to
[01:38:47.540 --> 01:38:52.180]  verify employment i was very struck by the strangeness of the phone call by her employer
[01:38:52.180 --> 01:38:57.620]  very strange conversation i know she called her right away i'm on the phone i get these two
[01:38:57.620 --> 01:39:03.140]  anonymous phone calls in half an hour then a half hour later there's a cop outside the building
[01:39:03.140 --> 01:39:08.180]  and she's out there talking to him i heard the cop say to her word for word i did nothing wrong
[01:39:08.180 --> 01:39:13.220]  so she got her search and then he said you got rights and you can and the cop told her you know
[01:39:13.220 --> 01:39:18.100]  you can check here you can call the da's office so he sent her on the cops sent her on the search
[01:39:18.100 --> 01:39:27.860]  me and now then okay okay if if i was a lawyer i wouldn't tell you this
[01:39:29.060 --> 01:39:34.660]  you would not you broke up there anyone if i was a lawyer i would not tell you this
[01:39:35.620 --> 01:39:44.420]  but i'm not a lawyer a lawyer will only initiate a case if he's sure he can he's got a shot at
[01:39:44.420 --> 01:39:55.620]  winning and we don't we're not bound quite that way what if you sued the the police department
[01:39:55.620 --> 01:40:02.180]  for tortures interference accusing the officer of encouraging this woman to take an illegal action
[01:40:02.180 --> 01:40:09.460]  against you and they're going to swear on a stack of bibles they didn't do it and you're not going
[01:40:09.460 --> 01:40:14.980]  to care what they swear on a stack of bibles about you're going to insist they did it and do
[01:40:14.980 --> 01:40:21.460]  this through a tort letter to this city that because the city is trying to use these coercive
[01:40:21.460 --> 01:40:37.140]  tactics to force you to enter into their new licensing scheme and in order to to add leverage
[01:40:37.140 --> 01:40:44.340]  to you they sit out there officer to encourage your renter to stop paying her rent to you
[01:40:45.060 --> 01:40:50.900]  now and then she follows from that point once he does what the officer tells her to do she calls
[01:40:50.900 --> 01:40:55.540]  downtown to the municipal court and they encourage her further i guarantee you i'm reading the
[01:40:55.540 --> 01:41:00.340]  languages letter and the only person could have told that stuff is an officer of the court
[01:41:00.340 --> 01:41:07.060]  so wonderful so blame so you know prepare a tort letter and file it with the city
[01:41:09.380 --> 01:41:14.900]  notice for you know giving them notice of you know intent to sue for tortures interference
[01:41:14.900 --> 01:41:22.580]  with a private contract now this is a person that was a great renter that you wanted to keep
[01:41:22.580 --> 01:41:31.540]  forever do you have a lease yes how how long does the lease cover well it's funny you mentioned
[01:41:31.540 --> 01:41:37.300]  that i structured and purposely so i have these problems it's a month-to-month term and i can i
[01:41:37.300 --> 01:41:42.420]  can um go downtown if i can just get it in court there's no question the judge will end the term
[01:41:42.420 --> 01:41:48.100]  and i'm dumb these people that wasn't that wasn't where i was going i understand that but that's
[01:41:48.100 --> 01:41:53.780]  the term the terms are multiple i can get if i were looking for torturous interference with
[01:41:53.780 --> 01:41:58.980]  a contract and we want to show how valuable the contract is how how long has she lived in the
[01:41:58.980 --> 01:42:09.060]  property uh probably a little bit over a year okay then you could uh claim another year's rent that
[01:42:09.060 --> 01:42:16.740]  you would expect to collect from this person that the city improperly cost you by its torturous
[01:42:16.740 --> 01:42:25.380]  interference and ask for travel damages travel damages of the year do your little research and
[01:42:25.380 --> 01:42:29.620]  write a lawsuit against the city for torturous interference
[01:42:31.700 --> 01:42:36.660]  and then instead of a court heading just put a business letter heading instead of a prayer
[01:42:37.380 --> 01:42:40.980]  in place of prayer put make me wholly be sued as follows
[01:42:40.980 --> 01:42:46.740]  and then put in what you would put in the prayer and send it to them if it's written in the form
[01:42:46.740 --> 01:42:53.220]  of a lawsuit just with a different heading on it when the city gets it their lawyers are going to
[01:42:53.220 --> 01:43:01.300]  say well this guy's not kidding he really is going to sue us and then petition for a declaratory
[01:43:01.300 --> 01:43:07.380]  relief allowing you to evict this non-paying person and what's going to happen is is the
[01:43:07.380 --> 01:43:13.140]  city's going to go to whoever the judge is and say hey this guy's suing us for this
[01:43:14.100 --> 01:43:21.380]  how about we make a deal and you give him allow him to evict these people and so he don't sue us
[01:43:22.660 --> 01:43:29.860]  exactly that's all i want exactly in the end it's all about the politics okay is that it tony
[01:43:29.860 --> 01:43:33.620]  i appreciate that's why i wanted to ask and i thank you for that so number one
[01:43:33.620 --> 01:43:39.140]  the petition for the declaratory i believe okay hold on 20 20 seconds so hang on hang on
[01:43:39.140 --> 01:43:48.580]  we're back to good break i got this i was just explaining to him okay that's fine we'll be right
[01:43:48.580 --> 01:43:55.620]  back we'll close out the night randy hilton vet tag rule of law radio we'll catch you five one two six
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[01:45:59.380 --> 01:46:25.620]  law easy.
[01:46:29.380 --> 01:46:48.260]  Okay we are oh oops oops go ahead bet my bad okay i was wondering what was going on with you
[01:46:49.220 --> 01:46:56.020]  it's almost over randy come on i know you're just so excited this is rule of law radio we got randy
[01:46:56.020 --> 01:47:01.620]  kelton vet pack you know we're about to close out the night let's go ahead and get this thing going
[01:47:02.420 --> 01:47:08.900]  we'll end it with tony go right ahead randy's okay tony you were kind of summing up when we
[01:47:08.900 --> 01:47:16.020]  ran out of time story relief and the letter to make me whole this this cases are usually
[01:47:16.020 --> 01:47:22.100]  heard in municipal court so specifically where should those two matters go i would imagine oh
[01:47:22.100 --> 01:47:32.500]  this is even better you file the notice of tort to the city and you file the motion for a
[01:47:34.500 --> 01:47:40.580]  for injunctive relief with the city and the injunctive relief is to ask the city to allow
[01:47:40.580 --> 01:47:49.140]  you to evict pending your license you know on the grounds that you have tenants who are not paying
[01:47:49.140 --> 01:47:54.180]  and they're not paying because of the city and the city wants to collect this money well you can't
[01:47:54.180 --> 01:47:59.460]  pay them because they interfered with your contract that helped you secure the money to pay them
[01:48:01.140 --> 01:48:09.140]  yes so a good chance in order to avoid the lawsuit they will grant you the injunction
[01:48:09.140 --> 01:48:13.380]  otherwise they're looking at having to pay you instead of you paying them
[01:48:13.380 --> 01:48:19.620]  okay great now you said the touch um for a declaratory or injunctive relief
[01:48:20.660 --> 01:48:27.060]  yes what the declaratory the declaratory or injunctive relief act
[01:48:28.020 --> 01:48:36.340]  and that goes to where you're only asking for a ruling on point of law you're not asking for
[01:48:36.340 --> 01:48:45.860]  any damages you're not claiming harm so you claim harm in the tort letter and warn them that you're
[01:48:45.860 --> 01:48:52.580]  going to file a suit claiming harm but in the declaratory judgment case you're only asking for
[01:48:53.140 --> 01:48:59.860]  a declaration from the court authorizing you to evict this person who's not paid so are you saying
[01:48:59.860 --> 01:49:07.060]  the notice of tort then would be the injunctive no notice of tort is a tort letter the court
[01:49:07.060 --> 01:49:15.220]  wants you to use the court as the remedy of last resort instead of the remedy first of all the
[01:49:15.220 --> 01:49:23.780]  resort so they want you to exercise an alternative remedy and the one alternative remedy they require
[01:49:23.780 --> 01:49:31.140]  is notice and opportunity so in notice and opportunity you give them notice that you have
[01:49:31.140 --> 01:49:38.180]  been harmed you tell them how you've been harmed and you tell them how much you've been harmed
[01:49:39.140 --> 01:49:46.260]  and demand that they make you wholly be sued so that strictly goes to the civil side
[01:49:46.260 --> 01:49:57.540]  and then to the law to you as the plaintiff side no you're still the plaintiff okay that's a suit
[01:49:57.540 --> 01:50:04.420]  for damages then you file a separate action with the municipality for declaratory relief
[01:50:05.860 --> 01:50:13.300]  this doesn't get a tort letter because there's no damages there's no harm to be cured
[01:50:13.300 --> 01:50:19.460]  you're just asking for a declaration municipal court now is where these matter you know where
[01:50:19.460 --> 01:50:24.020]  the court is that this actions usually take place for eviction is that where these letters should go
[01:50:25.140 --> 01:50:29.300]  yeah no not the municipal court the tort letter would go to the mayor
[01:50:30.900 --> 01:50:38.260]  okay that goes to the city petition for declaratory relief that would go to the municipal court if the
[01:50:38.260 --> 01:50:46.500]  municipal court actually has authority to give this ruling would they be the ones who would hear
[01:50:46.500 --> 01:50:53.860]  would hear the eviction issue oh no hold on hold on hold on that may not be relevant
[01:50:55.380 --> 01:51:00.260]  it is the municipality is it the municipality or the state that's restricting you
[01:51:00.260 --> 01:51:09.860]  the municipal court okay is this a municipal license it's a rental yearly rental license
[01:51:09.860 --> 01:51:16.180]  but that's a requirement for the court to be heard in court okay that's a requirement by the
[01:51:16.180 --> 01:51:23.940]  municipality yes okay so it's not a state license okay yeah then you know you would file for
[01:51:23.940 --> 01:51:30.740]  the declaratory relief in the municipal court asking them to waive this issue
[01:51:32.580 --> 01:51:39.940]  for the purpose of evicting this non-paying client should i address it maybe to the president judge
[01:51:39.940 --> 01:51:49.700]  perhaps no you can't pick judges just to the just the court itself okay like the clerk for example
[01:51:49.700 --> 01:51:57.060]  yeah just as a municipal you just need to name the municipal court then okay and lastly that matter
[01:51:57.060 --> 01:52:05.700]  about the make me whole that part again same thing municipal court no no where does that go tort letter
[01:52:05.700 --> 01:52:12.660]  mayor tort letter mayor i got that i got that okay that's the end of the tort letter for me the tort
[01:52:12.660 --> 01:52:19.460]  letter okay that's to make me whole part of the tort letter okay that's that was the part of the
[01:52:19.460 --> 01:52:27.620]  gotcha okay okay yeah you that's what you put in place of of a prayer i got you okay so yeah tort
[01:52:27.620 --> 01:52:36.580]  letter goes to the mayor and then municipal okay good stuff okay that's good stuff i want to um if
[01:52:36.580 --> 01:52:42.980]  you got two seconds i wanted to um tell you about the um you would ask me i was a little flustered
[01:52:42.980 --> 01:52:50.820]  the other day about the um about the uh conclusions of law that i got when the judge ruled against me
[01:52:50.820 --> 01:52:58.340]  in foreclosure yes okay um well i can speak intelligently about i was upset about the other
[01:52:58.340 --> 01:53:06.180]  day and basically the judge ignored everything that we said we ignored everything that we said
[01:53:06.180 --> 01:53:12.900]  we i established a piece of evidence in court in trial that the american social lender was
[01:53:12.900 --> 01:53:21.300]  not even licensed to do business until december of 2008 he didn't even address it i i made sure
[01:53:21.300 --> 01:53:26.180]  that my lawyer mentioned the fraud on the court which they have a duty to investigate
[01:53:26.180 --> 01:53:28.740]  didn't even mention it i don't even think he read the complaint
[01:53:28.740 --> 01:53:34.100]  well he said that they had authority and standing despite the fact they didn't have a license to do
[01:53:34.100 --> 01:53:41.300]  business and that the seven transfers of the mortgage still survived authority and standing
[01:53:41.300 --> 01:53:46.660]  to not only foreclose against me but i didn't even have the authority and standing to challenge
[01:53:46.660 --> 01:53:56.020]  them this was his ruling okay you were a little vague didn't have the authority to challenge
[01:53:56.020 --> 01:54:02.820]  them are you referring to the assignments conclusions of law that i don't have the
[01:54:02.820 --> 01:54:08.100]  authority and standing to challenge the people that supposedly have authority and standing when
[01:54:08.100 --> 01:54:13.060]  they do not in other words it's the opposite okay the the order is going to be a little more
[01:54:13.060 --> 01:54:20.980]  specific are you referring to a lack of standing to challenge an assignment of a mortgage
[01:54:20.980 --> 01:54:30.340]  challenge an assignment of a mortgage uh yes he is referring to that okay um see it
[01:54:31.460 --> 01:54:35.780]  and okay you've talked to leslie haven't you standing the challenge of validity of the
[01:54:35.780 --> 01:54:41.380]  mortgage securitization or to seek a determination as to the validity of a loan assignment based on
[01:54:41.380 --> 01:54:46.580]  alleged non-compliance with a pooling and service agreement as the borrow is neither a party nor a
[01:54:46.580 --> 01:54:54.100]  third-party beneficiary of the securitization okay that this is an argument we now have before
[01:54:54.100 --> 01:55:04.180]  the san diego court after the inova decision where the court the california court ruled that
[01:55:05.220 --> 01:55:13.220]  after foreclosure you do have a right to challenge the an assignment and our argument is
[01:55:13.220 --> 01:55:21.860]  we're asking for the court to distinguish inova and define what after after foreclosure means
[01:55:21.860 --> 01:55:28.260]  and we're asking the court to define after foreclosure as after the initiation of the
[01:55:28.260 --> 01:55:36.580]  foreclosure process and here's the reason when an assignment is made it essentially doesn't
[01:55:36.580 --> 01:55:46.020]  have any effect on you until the holder of the assignment files a notice of default
[01:55:47.300 --> 01:55:55.140]  and intend to accelerate now the foreclosure process has begun and it was begun by someone
[01:55:55.140 --> 01:56:03.460]  who received an assignment now you should have standing inova ruled that after foreclosure you
[01:56:03.460 --> 01:56:11.300]  have standing because of the foreclosure and we're saying that it after foreclosure should be read
[01:56:11.300 --> 01:56:18.500]  to read after initiation because once that is filed in court you're essentially defamed
[01:56:19.540 --> 01:56:25.300]  because you're going to get a bunch of letters from a bunch of lawyers wanting you to file a
[01:56:25.300 --> 01:56:32.820]  bankruptcy you have been labeled in the public record as a deadbeat therefore you have a claim
[01:56:32.820 --> 01:56:39.540]  if you believe that is done improper done by someone who doesn't have standing you've been
[01:56:39.540 --> 01:56:47.620]  harmed at this point so the question we bring is how is it different how do my rights change from
[01:56:47.620 --> 01:56:57.060]  the initiation of foreclosure until the culmination of foreclosure so if are you in your foreclosure
[01:56:57.060 --> 01:57:02.900]  issue once foreclosure began it was began by the person who held the assignment
[01:57:05.060 --> 01:57:07.780]  so you should have standing to argue the assignment
[01:57:08.340 --> 01:57:14.180]  at that point and there's case law all over the country supporting that well i agree with you
[01:57:14.180 --> 01:57:20.260]  because i brought the yevanova case up to my lawyer and this decision came out after that fact
[01:57:20.260 --> 01:57:26.180]  i agree with you um one thing that concerns me all the time with my lawyer he seems to want to
[01:57:26.180 --> 01:57:31.860]  minimize these other decisions throughout the nation as to say what they're not state specific
[01:57:31.860 --> 01:57:39.300]  and i don't necessarily agree with him well what was the nature of the assignments okay you had who
[01:57:39.300 --> 01:57:47.540]  you had a original lender who wasn't licensed to do business in the state are you from there's a
[01:57:47.540 --> 01:57:57.140]  case out of florida where merge did an assignment for american wholesale lenders are i'm i'm sorry
[01:57:57.140 --> 01:58:02.980]  there's a case out of florida where american wholesale lenders was the original lender are
[01:58:02.980 --> 01:58:11.940]  you familiar with that case yeah okay that one he's telling me the cases are not that important
[01:58:11.940 --> 01:58:21.860]  here i said why i don't understand that part it's directly on point he should he should use that as
[01:58:21.860 --> 01:58:32.900]  a uh let's try just informative okay i i'm sorry we are out of time am i right am i
[01:58:33.940 --> 01:58:38.260]  yeah we're out of time yeah anyway you get a little more feel okay hey thank you so much
[01:58:38.260 --> 01:58:49.140]  for you okay okay we gotta go uh randy kelton vet steven vet stevens vet pack ah screw up the outro
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