ROL_2016-05-27_16k_Hr1-2.timecode

[00:00.000 --> 00:07.760]  The following newsflash is brought to you by the Lone Star Lowdown. Providing the jelly
[00:07.760 --> 00:15.440]  bulletins for the commodities market. Today in history, news updates and the inside scoop
[00:15.440 --> 00:26.120]  into the tides of the alternative. Markets for Friday the 27th of May 2016 are currently
[00:26.120 --> 00:35.280]  treading with gold at $1212.75 an ounce, silver $16.22 an ounce, Texas crude $49.48 a barrel
[00:35.280 --> 00:46.680]  and Bitcoin is currently sitting in about 469 U.S. currency. Today in history, the year
[00:46.680 --> 00:52.200]  1937, the Golden Gate Bridge in San Francisco is dedicated and construction for over four
[00:52.200 --> 00:57.320]  years at the cost of more than $35 million at the time and spanning nearly two miles,
[00:57.320 --> 01:07.160]  the Golden Gate Bridge opening celebrations lasted for a week and began today in history.
[01:07.160 --> 01:11.800]  In recent news, a Greek archaeologist, Constantinos Sismonides, believes he has discovered the
[01:11.800 --> 01:18.440]  tomb of the great philosopher Aristotle excavating the ruins of Stagira since 1990. The archaeologist
[01:18.440 --> 01:23.280]  told CNN that his team has strong evidence that the 2,400 year old tomb belongs to the
[01:23.280 --> 01:28.000]  philosopher. The structure is about 40 miles east of Thessaloniki and is thought to have
[01:28.000 --> 01:33.280]  been built in honor of Aristotle's death in 322 B.C. This place was named Aristotelian
[01:33.280 --> 01:38.000]  and historical sources cite that locals would gather every year to celebrate the life of
[01:38.000 --> 01:42.960]  Aristotle. We know that Aristotle died in Chalcis in the island of Uboea, Sismonides
[01:42.960 --> 01:47.520]  explained, but after some years, they took his ashes and placed them in a bronze vessel.
[01:47.520 --> 01:51.800]  They brought his ashes to his birthplace, the ancient city of Agora, and made an altar
[01:51.800 --> 01:56.740]  in a public building to celebrate Aristotle as a hero. Creditive with radically transforming
[01:56.740 --> 02:01.440]  many fields of knowledge, particularly in physics, metaphysics and logic, Aristotle
[02:01.440 --> 02:11.880]  remains a hero of philosophy to this very day. The SpaceX Falcon 9 rocket came down
[02:11.880 --> 02:16.600]  for a perfect landing at sea today during the successful launch of the DICOM-8 communication
[02:16.600 --> 02:21.120]  satellite. With a flight time of less than nine minutes from liftoff until touchdown,
[02:21.120 --> 02:30.520]  this landing marks the third drone ship landing at sea for Elon Musk's SpaceX Falcon 9 rocket.
[02:30.520 --> 02:34.420]  This Memorial Day weekend, we not only call remembrance to the nearly 4,000 U.S. military
[02:34.420 --> 02:39.080]  combat deaths in Iraq alone, but the roughly 12,000 suicide attempts by American personnel
[02:39.080 --> 02:43.880]  a year, half of which or more are being successful, and the terrifying estimates of a million
[02:43.880 --> 02:48.800]  and a half civilian casualties in Iraq since the commencement of Operation Iraqi Freedom
[02:48.800 --> 03:15.960]  in March of 2003. This is Rick Brody with the Lowdown for May 27, 2016.
[03:19.680 --> 03:32.680]  Whatcha gonna do? Whatcha gonna do? Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.680 --> 03:38.240]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.240 --> 03:43.680]  When you were eight and you had that treat, you'd go to school and learn the golden rule.
[03:43.680 --> 03:50.480]  So why are you acting like a bloody fool? You're listening to Rule of Law Radio with
[03:50.480 --> 03:55.280]  Randy Kelton, Vet Pack. Randy, what have we got going on tonight?
[03:55.280 --> 04:07.920]  This is Friday, May the 27th, 2016, and yesterday I went to the federal court and I did not
[04:07.920 --> 04:15.000]  get beaten into unconsciousness and thrown under the jail. I did get dire warnings from
[04:15.000 --> 04:21.640]  the U.S. Marshals, but I have to give them credit. The Marshals that I encountered here
[04:21.640 --> 04:36.240]  were more in line with the Texas culture. They were firm and relatively unyielding,
[04:36.240 --> 04:45.120]  but very polite and easygoing at the same time. I enjoyed them. They handled me extremely
[04:45.120 --> 04:53.040]  well. They referred me to the clerk when I came with criminal accusations against Judge
[04:53.040 --> 05:01.920]  McBride, the federal judge in Fort Worth. This is the one that has himself an attitude
[05:01.920 --> 05:11.280]  in rules against pro se litigants without out of hand and without regard for the right
[05:11.280 --> 05:16.600]  of things of the rule of law. Whatever is filed in front of him by a pro se litigant,
[05:16.600 --> 05:27.000]  he will dismiss with prejudice out of hand. Well, I caught him. He made a boo boo.
[05:27.000 --> 05:37.920]  Apparently, the U.S. government has not updated the federal website concerning new statutes
[05:37.920 --> 05:49.680]  in a few years because in 2011, the legislature addressed an issue where we had one set of
[05:49.680 --> 06:01.720]  circuits saying that if a case contains issues that are exclusively federal and issues that
[06:01.720 --> 06:11.120]  are state and the case is removed to the Fed, then the Fed can hear both the state and the
[06:11.120 --> 06:17.840]  federal issues under the doctrine of judicial economy. Then other circuits said, no, no,
[06:17.840 --> 06:26.520]  no, we cannot hear state issues. That's an unreasonable preemption of state sovereignty.
[06:26.520 --> 06:34.360]  So in 2011, the legislature weighed in on the issue to eliminate the split between the
[06:34.360 --> 06:43.760]  circuits. And what the legislature did is they fell on the side of the cannot preempt
[06:43.760 --> 06:58.200]  state sovereignty. They changed 28 U.S.C. 1441 C. And it said that while a case with
[06:58.200 --> 07:06.440]  an issue that is exclusively federal can be removed to the federal court, the court must
[07:06.440 --> 07:13.600]  sever the state issues and remand to the state. The Fed cannot hear state issues. Well, if
[07:13.600 --> 07:24.000]  you look on the federal court website and look up 28 U.S.C. 1441 C, that change is not
[07:24.000 --> 07:32.240]  reflected there. The change went into effect in 2011 under the 2000, I'm sorry, it went
[07:32.240 --> 07:43.200]  into effect in 2012 under the 2011 Venue and Removal Clarification Act. Well, apparently
[07:43.200 --> 07:50.120]  these guys don't know about it. And it seems as though Judge McBride didn't know about
[07:50.120 --> 08:01.920]  it. Well, he screwed himself, screws the U.S. While a private citizen cannot claim ignorance
[08:01.920 --> 08:07.960]  of the law as a defense to prosecution, a public official is held to a much higher standard.
[08:07.960 --> 08:12.400]  And I'm paraphrasing here because it's a little bit longer than this, but essentially what
[08:12.400 --> 08:20.080]  it says on page 109 is it says specifically, if a public official violates a ruling of
[08:20.080 --> 08:29.200]  this court and he be saying, he may not be heard to say he knows not what he does. So
[08:29.200 --> 08:45.560]  I filed a quiet title action against a property here in Fort Worth. And the opposing party
[08:45.560 --> 08:52.240]  removed it to the Fed. Now I wrote that quiet title very carefully so that there was only
[08:52.240 --> 09:00.000]  one issue and the issue was whether or not a document filed with the county recorder
[09:00.000 --> 09:13.600]  met the state filing requirements under Texas Government Code 51903, I'm sorry, 51901C.
[09:13.600 --> 09:20.800]  So it was very carefully crafted and finally focused on that one issue. The other side
[09:20.800 --> 09:26.920]  removed it to the Fed because they were Wells Fargo and they're a national association
[09:26.920 --> 09:33.600]  and they think it automatically goes to the Fed because there is not, because there is
[09:33.600 --> 09:43.680]  diversity of jurisdiction. Well, the problem is they can remove it, but there are no federal
[09:43.680 --> 09:49.960]  issues so there's nothing for the judge to hear. So instead of filing a motion to remand,
[09:49.960 --> 09:57.240]  it's the normal procedure. I found a challenge to subject matter jurisdiction. A motion to
[09:57.240 --> 10:05.120]  remand would imply that I'm asking the judge to exercise discretion. I was asking no such
[10:05.120 --> 10:14.160]  thing. I challenged his subject matter jurisdiction and by the challenge, his subject matter jurisdiction
[10:14.160 --> 10:23.520]  was lost because when the removal was made, there was a presumption that the federal court
[10:23.520 --> 10:30.720]  had jurisdiction. Any time a case is filed in the federal or in any court, jurisdiction
[10:30.720 --> 10:40.000]  is presumed. So long as the court that it's filed with has general jurisdiction over the
[10:40.000 --> 10:51.920]  subject matter. And in this case, the case was removed alleging a federal question and
[10:51.920 --> 10:58.560]  this court would normally have jurisdiction over the federal question. However, there
[10:58.560 --> 11:09.040]  was no federal question. So it was my position that the removing party lacked the legal capacity
[11:09.040 --> 11:13.920]  to invoke the subject matter jurisdiction of the court. Even though the court would
[11:13.920 --> 11:20.800]  normally have jurisdiction over this kind of issue, over a federal case filed in the
[11:20.800 --> 11:27.760]  state removed, I'm sorry, over a federal issue in a state case removed to the fed, he would
[11:27.760 --> 11:34.600]  normally have jurisdiction. But once I challenged it, the presumption of his jurisdiction is
[11:34.600 --> 11:44.720]  abolished. Now he doesn't have jurisdiction and he must prove it up. So I didn't ask him
[11:44.720 --> 11:50.440]  to remand because remand presumed jurisdiction, I did no such thing. I challenged subject
[11:50.440 --> 11:55.800]  matter jurisdiction and demanded that he sever the state issues and remand them since there's
[11:55.800 --> 12:02.880]  only one issue in its state that left him no option. Well, right after I filed the challenge
[12:02.880 --> 12:08.600]  on subject matter jurisdiction, opposing counsel filed a rule to a motion to dismiss, which
[12:08.600 --> 12:18.800]  they always do. Since, uh, as Carlos B. Tommy, the court said that it wasn't their intention
[12:18.800 --> 12:26.240]  to raise the pleading standard when that was horse manure. What they did was created absolutely
[12:26.240 --> 12:33.120]  impossible pleading standard. If you are a pro-state litigant and you file a case in
[12:33.120 --> 12:38.600]  the state court and the other side removes it to the federal court, it makes no difference
[12:38.600 --> 12:47.320]  what you file, especially if it's in Fort Worth. And certainly if it goes before judge McBride,
[12:47.320 --> 12:55.640]  he will dismiss that with prejudice out of hand and he absolutely does not care what
[12:55.640 --> 13:02.280]  the law says. What is right? He just doesn't care. If you're a pro se, he's going to rule
[13:02.280 --> 13:09.560]  against you. If you are a lawyer and he happens to be in a bad mood one day, he's likely to
[13:09.560 --> 13:17.400]  sanction you just because he's old and frustrated and arbitrary and capricious. Nobody likes
[13:17.400 --> 13:25.240]  to go before this guy because they absolutely cannot trust him. So this is judge McBride.
[13:25.240 --> 13:32.600]  He's, uh, should, should be close to 90 now and I hear he's planning to retire. I think
[13:32.600 --> 13:41.000]  that's a real good idea. But anyway, he dismissed my case with prejudice before opposing counsel
[13:41.000 --> 13:51.240]  responded to my challenge to subject matter jurisdiction. Gotcha. Once I challenged subject
[13:51.240 --> 14:00.040]  matter jurisdiction, subject matter jurisdiction was lost and he purported to exercise subject
[14:00.040 --> 14:08.760]  matter jurisdiction before he proved it. That is a procedural due process violation and
[14:08.760 --> 14:16.360]  it is a violation of 18 US code 242 official misconduct in that he denied me and my right
[14:16.360 --> 14:22.320]  to petition the court for redress of grievance and did so while acting under the color or
[14:22.320 --> 14:26.960]  pretense of an official capacity. I took that down to the court and they had never seen
[14:26.960 --> 14:32.280]  that before. They assured me that I had to take this to US attorney and I assured him
[14:32.280 --> 14:38.400]  that I could find nothing in law that directed a complaint to US attorney. Everything in
[14:38.400 --> 14:44.120]  law directs a complaint to some man and I'm here to give this to a federal judge in his
[14:44.120 --> 14:52.320]  capacity as a magistrate. He said, you want me to give this to a magistrate judge? No.
[14:52.320 --> 15:01.600]  I want you to give this to a federal district judge in his capacity as a magistrate. So
[15:01.600 --> 15:06.920]  the clerk let me write on the document. He didn't file it. He said, you want me to file
[15:06.920 --> 15:15.640]  this? Absolutely not. You can't file this. This is the complaint and it's only the complaint.
[15:15.640 --> 15:20.880]  You can't get jurisdiction until it's a determination of probable cause and that determination of
[15:20.880 --> 15:26.040]  probable cause forwarded to the court in the form of an order from the magistrate and then
[15:26.040 --> 15:32.280]  you can have jurisdiction. So he said, okay. Then he'd stamp it. I wrote on it for presentation
[15:32.280 --> 15:42.040]  to a district judge in his capacity as a magistrate. He took that. It all went really well. So
[15:42.040 --> 15:49.840]  now we'll see what happens with it. I expect to get a very cordial letter back from some
[15:49.840 --> 15:59.480]  district judge, federal district judge, advising me that I really need to take this to US attorney
[15:59.480 --> 16:05.680]  and when I get that, I'm going to consider that to be legal advice and when he's giving
[16:05.680 --> 16:12.480]  legal advice, he didn't have any immunity then and I'll also accuse the same magistrate
[16:12.480 --> 16:19.800]  of official misconduct himself for failing to perform a duty he is required to perform
[16:19.800 --> 16:26.320]  and since the federal court is not acting on my complaints, then I bring the complaints
[16:26.320 --> 16:32.040]  back to the state court and file a state grand jury against the federal judges. We'll see
[16:32.040 --> 16:39.920]  how that works out. Okay. That's my federal judge story and I'm sticking to it. We're
[16:39.920 --> 16:47.080]  going to go to callers. We had a guest lined up but we weren't able to contact him in time.
[16:47.080 --> 16:51.200]  So when we come back on the other side, we'll start taking your calls. You want to bring
[16:51.200 --> 16:52.200]  us out Beth?
[16:52.200 --> 16:58.360]  Sure. This is Rule of Law Radio. You're listening to Randy Kelton at PAC and give us a call
[16:58.360 --> 16:59.360]  at 512-
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[18:58.600 --> 19:13.600]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:28.600 --> 19:44.000]  You're listening to Rule of Law Radio. It is May 27th at 8.19. Randy Kelton, vet pack.
[19:44.000 --> 19:50.720]  Randy, we're going to bring on some listeners and we've got some callers on the line. Charles
[19:50.720 --> 19:51.720]  from Washington.
[19:51.720 --> 20:05.600]  Hello, Charles. How you doing? Okay. I'm not doing too good. Your mic is distorting horribly.
[20:05.600 --> 20:14.680]  Are you on a headset? Speakerphone is fine. Get you off of it. Is that better? Oh, speakerphone
[20:14.680 --> 20:33.760]  is such a no-no. That's better, but I'm getting feedback. Okay. That's better. Now it seems
[20:33.760 --> 20:40.880]  to have cleared up. Okay. What do you have for us today? Okay. I'm in Seattle, Washington
[20:40.880 --> 20:44.920]  and I'm the gentleman who's been texting quite a bit about trying to find another attorney
[20:44.920 --> 20:51.000]  named Sam. I have multiple issues with Seattle systems up here, which is well known. My car
[20:51.000 --> 20:55.720]  was impounded, six of my vehicles, because at which time I've been researching the no
[20:55.720 --> 21:02.560]  registering the vehicle as well as the no having to have a license to travel. And I
[21:02.560 --> 21:11.720]  peeled the tows and proceeded to try to fight my case based upon them not having to register
[21:11.720 --> 21:16.360]  my vehicle. I'm already getting opposition from the judge. I'm trying to find out, is
[21:16.360 --> 21:23.760]  there anything that you know of pertaining to that in Washington law or rules? Because
[21:23.760 --> 21:31.960]  these are codes of stuff. Okay. This is code enforcement and over vehicles. This is really
[21:31.960 --> 21:43.360]  Eddie Craig's area. Yeah, this is really specific and it's an area I'm not a speed on. I can
[21:43.360 --> 21:49.400]  give my opinion on it. Talk before that I mentioned to you about putting the tarp over
[21:49.400 --> 21:57.040]  those vehicles. I've seen tops of other people's vehicles and for a long time, they never seem
[21:57.040 --> 22:05.240]  to get bonded. And then there was one, we always get that one. A tarp would have stopped
[22:05.240 --> 22:11.760]  all of this. I live in a small town. I live right next door to City Hall. I was at an
[22:11.760 --> 22:19.680]  auction and I kind of got snookered in by two 40 foot transport buses. Well, I had one
[22:19.680 --> 22:24.080]  of them out here next to the house and the mayor come out and told me I had to move that
[22:24.080 --> 22:31.160]  bus. Oh, I do. He said, yeah, you do. It's got to be registered and has to have a safety
[22:31.160 --> 22:36.960]  sticker on it. Okay. He came out the next day and I have got a tarp over this 40 foot
[22:36.960 --> 22:46.000]  bus. I see him standing out there with his hands on his hip and a scowl on his face and
[22:46.000 --> 22:53.360]  he stomps off into City Hall. And then I hear Joy. She's a clerk that's been the clerk forever.
[22:53.360 --> 23:00.160]  I hear her cackling like a rooster. I found out later, he came in and asked, has your
[23:00.160 --> 23:05.200]  Andy Kelton been in here checking the ordinances? Yeah, as a matter of fact, he actually has.
[23:05.200 --> 23:08.800]  Do you happen to know which ordinance he was looking at? Yeah, as a matter of fact, I do.
[23:08.800 --> 23:17.760]  And she showed it to him. If it has a tarp over it, you can't see it. Therefore, it isn't
[23:17.760 --> 23:30.880]  there. Oh, he was furious, but he knew better. He knew better than to talk to me about it.
[23:33.040 --> 23:36.000]  Anyway, but once they have taken it,
[23:36.000 --> 23:50.320]  you know, there is the argument that you are not a city employee so you don't fall under the
[23:50.960 --> 23:57.200]  corporate rules because Eddie can make this argument more effectively than me that
[23:57.200 --> 24:07.200]  the legislature was empowered by the constitution to write law. But I've never seen a state
[24:07.200 --> 24:16.160]  constitution that authorized the legislature to delegate its lawmaking power. So the question
[24:16.160 --> 24:26.640]  becomes, how does a corporation, a municipal corporation, write law? The legislature
[24:26.640 --> 24:33.200]  cannot empower them to do that. So you'll always notice that city ordinances are never
[24:33.200 --> 24:40.160]  called laws. They're called ordinances. And that's because they're passed by the corporation.
[24:41.520 --> 24:48.800]  So in order for the corporation to exercise jurisdiction over you, you have to agree to
[24:48.800 --> 25:00.400]  the regulatory scheme. Better to call in to Eddie Craig and ask him about that. You know,
[25:00.400 --> 25:05.680]  once you're already in their system, now you go in there and challenge subject matter jurisdiction
[25:07.680 --> 25:14.240]  and claim that you never agreed to the statutory scheme. So they stole your vehicles and you
[25:14.240 --> 25:20.800]  should file and send a tort letter and notice them that they stole your vehicles without authority
[25:21.360 --> 25:27.520]  and you have been harmed. Those vehicles were very precious to you, far beyond their actual
[25:27.520 --> 25:39.920]  monetary value. And it's cost you incredible physical and emotional distress. You're having
[25:39.920 --> 25:45.200]  to go into therapy. You're so distressed. Oh, it's horrible. They owe you a lot of money to
[25:45.200 --> 25:54.240]  give you for stealing your cars. But really, I can't give you much more than that because
[25:55.280 --> 25:59.680]  it's not my area of study, but Eddie has. He's done an extensive study of this issue.
[26:01.280 --> 26:04.640]  Okay. Yeah. Because I was on the phone last night with me and another gentleman. They get to talk
[26:04.640 --> 26:10.880]  with you at the last part. And so that's what called you back today. And that's what it was.
[26:10.880 --> 26:19.840]  But I heard his voice on there and I was surprised. So that was good because he produced for me last
[26:19.840 --> 26:29.040]  night. Deborah was indisposed. So he was the producer. So we like to jab each other back
[26:29.040 --> 26:32.240]  and forth. So I kind of drug him on the earth so we could pick on each other.
[26:32.240 --> 26:38.560]  But normally he'll be on Monday night. Monday night. Yeah. And I haven't emailed,
[26:38.560 --> 26:43.200]  but he hasn't emailed me back. I know I've gotten a few emails from you that I have already emailed
[26:43.200 --> 26:49.360]  you about on a few things. One was a contact at Waldo, which was fraud stoppers for houses.
[26:49.360 --> 26:55.840]  And the other one was the fam ex-attorney that used to practice. Yeah. You're trying to find
[26:55.840 --> 27:04.160]  that lawyer. I've lost track of him. It was fraud stoppers that put me in contact with him.
[27:05.600 --> 27:10.000]  And this was four or five years ago and I've completely lost track of him. I do not remember
[27:10.000 --> 27:18.160]  his name. I would have to go down to about 20,000 emails to find him. Trust me. Yeah. If I knew his
[27:18.160 --> 27:26.080]  last name, then I could easily find you. But I don't know his last name. If Frank from fraud
[27:26.080 --> 27:31.360]  stoppers couldn't find it, I certainly can't. Yeah. And it might not be the right person
[27:31.360 --> 27:35.440]  because I did talk to Frank this morning. But other than that, I'll keep on trying because
[27:35.440 --> 27:41.040]  the gentleman that had you on his show some years back, he popped up again and this time he had an
[27:41.040 --> 27:50.400]  email address down the WW number. So I'll try to locate that again. And I'll keep on trying
[27:50.400 --> 27:54.080]  because it was an important feature. If you heard it, you know where I was coming from with that.
[27:54.640 --> 28:03.040]  And that's okay. And you might look for David Merland, M-Y-R-L-A-N-D, Merland.
[28:03.040 --> 28:12.320]  Okay. He's in Washington state and he's a pretty good legal researcher.
[28:14.160 --> 28:19.680]  How do you spell Merland? M-Y-R-L-A-N-D.
[28:23.120 --> 28:28.000]  I pronounced his name wrong all the time on the air, but I did that on purpose just to be annoying.
[28:28.000 --> 28:36.320]  I called him M-Y-R-L-A-N-D and he kept saying Merland, Merland. I was just being annoying.
[28:38.080 --> 28:43.520]  But look for him. He's the best researcher I know of in Washington state.
[28:45.120 --> 28:49.440]  And that's what I need because I'm trying to find out about this, you know, registering your
[28:49.440 --> 28:54.320]  vehicles. And there was only one attorney who did that back in 90 something. And since then,
[28:54.320 --> 29:00.800]  I can't find it in the codes. I mean, the RCs or the WACs. So that'd be a good person for me to
[29:00.800 --> 29:08.640]  contact. I do appreciate that. Okay. Give him a call and tune in on Monday night to Haley Craig's
[29:08.640 --> 29:18.320]  show. Okay. Will do. Thank you. Okay. Thank you, Charles. Now we're about to go to Eric in
[29:18.320 --> 29:24.160]  California, but we're going to go to a break first. So I'm going to back out of here and let that have
[29:24.160 --> 29:35.120]  this. All right. Get over here. Let me at you. I ran her off the cliff last time. So she owes me.
[29:36.080 --> 29:40.480]  Yeah. I'm going to have to speed through. This is a rule of law radio. Randy Kelton,
[29:40.480 --> 29:48.720]  vet pack. Call us at 512-646-1984. We'll be right back.
[30:01.920 --> 30:06.800]  Email is a convenient way to send and receive information, but it can also let advertisers
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[32:01.840 --> 32:05.840]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar. In today's America,
[32:05.840 --> 32:09.680]  we live in an us-against-them society, and if we the people are ever going to have a free society,
[32:09.680 --> 32:13.840]  then we're going to have to stand and defend our own rights. Among those rights are the right to
[32:13.840 --> 32:17.840]  travel freely from place to place, the right to act in our own private capacity, and most importantly,
[32:17.840 --> 32:22.480]  the right to due process of law. Traffic courts afford us the least expensive opportunity to learn
[32:22.480 --> 32:26.960]  how to enforce and preserve our rights through due process. Former Sheriff's Deputy Eddie Craig,
[32:26.960 --> 32:30.560]  in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool
[32:30.560 --> 32:34.640]  available that will help you understand what due process is and how to hold courts to the rule of
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[32:39.280 --> 32:42.960]  ordering your copy today. By ordering now, you'll receive a copy of Eddie's book, The Texas
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[32:51.440 --> 32:55.360]  rights with the help of this material from ruleoflawradio.com. Order your copy today,
[32:55.360 --> 32:58.400]  and together we can have the free society we all want and deserve.
[32:58.400 --> 33:09.600]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:09.600 --> 33:38.480]  We are back. This is Rule of Law Radio with Randy Kelton, Vet Pack, and we have Eric on the line.
[33:38.480 --> 33:40.480]  Randy, can you bring him in for us?
[33:41.360 --> 33:47.520]  Ready. Here you go, Eric. What do you have for us today?
[33:49.360 --> 33:57.680]  Okay, so I have a traffic ticket case. It's unsafe speed, and I had already gone through
[33:57.680 --> 34:03.920]  the arraignment hearing, and then I filed a motion to dismiss the case based on a lack of
[34:03.920 --> 34:09.440]  subject matter jurisdiction, and I moved to dismiss the evidence based on the fact that
[34:09.440 --> 34:16.800]  it was an illegal traffic stop because it's categorized as a civil infraction in California.
[34:19.200 --> 34:27.360]  I had the court case on Tuesday, and they never got back to me concerning the motion. They never
[34:27.360 --> 34:33.200]  gave me answers to the interrogatories I included with the motion, and I filed the interrogatories
[34:33.200 --> 34:39.520]  that Eddie Craig has on his site, the questions concerning civil infractions, and is it lawful
[34:39.520 --> 34:45.520]  for her to stop me and to make an arrest based on that. I included it all up with a motion,
[34:45.520 --> 34:48.720]  but they never got back to me before the trial.
[34:48.720 --> 34:52.960]  Oh, okay. Did they have the trial?
[34:54.240 --> 34:55.040]  Yeah.
[34:55.040 --> 35:00.960]  Oh, that's a procedural due process violation. That's what I just filed against the federal
[35:00.960 --> 35:05.120]  judge. Procedural due process is a crime.
[35:06.960 --> 35:07.680]  Right.
[35:10.480 --> 35:13.680]  How are they supposed to get back to me? Were they supposed to get back to me in writing,
[35:13.680 --> 35:16.080]  or is it just on the day of the trial?
[35:17.680 --> 35:22.160]  On the day of the trial, before they can have the trial, they have to hear all the
[35:22.160 --> 35:29.680]  motions. If they had the trial without hearing the motions, especially challenged a subject matter
[35:29.680 --> 35:38.400]  jurisdiction, they have to prove it up once you challenge it. What I'm trying to get people to
[35:38.400 --> 35:47.520]  wrap their head around is when you walk into the courtroom, you've got a judge up there,
[35:47.520 --> 35:54.080]  and he wears two hats. One hat is a judge's hat. The other hat is a magistrate's hat.
[35:55.360 --> 36:01.840]  Well, when you walk into the courtroom, you wear two hats. One hat is a litigant's hat,
[36:02.640 --> 36:10.240]  and the other hat is the master's hat. They are public servants. You are the master of those
[36:10.240 --> 36:19.600]  servants, and those servants are there to enforce your law and only your law. If they have another
[36:19.600 --> 36:28.560]  agenda, it is your job to take them to task, and I can assure you, it's a whole lot more fun being
[36:28.560 --> 36:38.240]  the master than it is being the defendant. So you've acted in accordance with law, and you
[36:38.240 --> 36:43.920]  have acted in accordance with law, and filed a challenge to a subject matter jurisdiction.
[36:43.920 --> 36:50.640]  The judge failed to act in accordance with law, and failed to prove up jurisdiction, failed to
[36:50.640 --> 36:58.960]  provide a hearing on the issue. So essentially, he presumed jurisdiction, and the case law says,
[36:58.960 --> 37:10.480]  jurisdiction may not be presumed. It must be proven. That is, after jurisdiction has been
[37:10.480 --> 37:17.280]  challenged, it must be proven. So he failed to perform a duty he was required to perform.
[37:17.280 --> 37:23.040]  Now, don't remember the statute in California, but you got it, the official misconduct statute.
[37:23.040 --> 37:32.480]  And that's a Class A misdemeanor everywhere. Next thing to a felony. You need to file that against
[37:32.480 --> 37:46.800]  the judge. That's your job, your duty as the master of the servants. File it against the judge, file it
[37:46.800 --> 37:52.960]  against the prosecutor, bar grieve them both, because this is a municipal court, the judge also
[37:52.960 --> 38:01.120]  has a bar card, and then judicial conduct complaint to judge. They want to file complaints against you,
[38:01.760 --> 38:10.960]  you file complaints against them. In California, a bar grievance is public.
[38:10.960 --> 38:17.520]  A bar grievance is public. They post these things online.
[38:19.600 --> 38:26.400]  Right. So you can have lots of fun with us. We keep saying, you never win your case simply because
[38:26.400 --> 38:31.520]  you have the law and the facts on your side. You win your case if you have the politics on your side.
[38:31.520 --> 38:36.000]  I got a ticket in Decatur, Texas. That's the county seat of the county I live in.
[38:36.000 --> 38:44.880]  And they sent me this notice that I had to appear in court last Wednesday and I goofed up and thought
[38:44.880 --> 38:52.400]  it was Thursday and I didn't show up at nine o'clock the way they wanted me to. So I went about
[38:53.440 --> 39:01.840]  four o'clock in the evening and that dirty rotten prosecuting attorney dismissed my case
[39:01.840 --> 39:10.880]  when I didn't show up. I went to the chief and complained to the chief that the prosecuting
[39:10.880 --> 39:17.760]  attorney refused to take his chicken suit off and dismissed my case before I could get to the fun part.
[39:19.760 --> 39:27.760]  That had nothing to do with law. It had everything to do with the fact that I was fixing to give them
[39:27.760 --> 39:34.240]  a romp through the legal system. They were not going to believe. And the chief of police
[39:34.240 --> 39:42.160]  knew full well what I was fixing to do. And he went to the municipal court and told them,
[39:42.160 --> 39:48.320]  you make sure you dismiss this. This guy's going to come after my officer. Politics.
[39:48.320 --> 39:55.760]  Right. Does that make sense, Eric? Yeah, it does. Yeah.
[39:58.320 --> 40:02.160]  They've got this list, you know, they'll put you on if you start doing this to them.
[40:03.680 --> 40:09.120]  Right. I know. I've heard about that. And the list says don't pull him over,
[40:09.120 --> 40:11.760]  don't write him a ticket and don't put him in my jail.
[40:11.760 --> 40:15.760]  We've got a call screener here. He's on the list up here in the Dallas area.
[40:17.040 --> 40:24.400]  And I feel relatively certain that there's no way I can get a Decatur police officer to write me a
[40:24.400 --> 40:31.120]  ticket at this point, because I'm certain that the chief of police has told his officers what he'll
[40:31.120 --> 40:38.560]  do to them if they do write me a ticket. It's all a big deal. And I'm not going to be able to
[40:38.560 --> 40:50.000]  do that. It's all about the politics. So what are you going to do now, Eric?
[40:51.440 --> 40:56.160]  Well, let me describe how it went. At the beginning of the trial, he started asking
[40:56.160 --> 41:00.080]  the officer who did show up on the day. He started asking the officer
[41:02.400 --> 41:06.080]  what led him to issue me a citation on that day. And I objected right then.
[41:06.080 --> 41:13.040]  And the commissioner said, on what basis? And I said, you know, I had filed a motion. I object
[41:13.040 --> 41:18.320]  to you proceeding with this, because I had filed a motion to dismiss based on lack of jurisdiction.
[41:19.520 --> 41:24.640]  And this was the only time he mentioned the motion. He said that motion was heard and was denied.
[41:26.080 --> 41:32.640]  And then I said that I also filed a motion to dismiss the evidence because it was an illegal
[41:32.640 --> 41:38.320]  traffic stop. And anything that resulted from that. And then he just interrupted me and said
[41:38.320 --> 41:44.000]  that that motion was heard and was denied. Were you there when the motion was heard?
[41:45.520 --> 41:49.920]  No, I was not. There was no there was no separate hearing. They didn't contact me,
[41:49.920 --> 41:56.320]  you know, the mail or anything like that. Okay, now it's time to go into stealth mode.
[41:56.320 --> 42:01.520]  One of the one of the things we suggest is never give fair warning.
[42:03.520 --> 42:07.920]  So now you go in and ask to see the physical file in your case.
[42:10.080 --> 42:16.400]  Now, I'm not sure how the law reads in tech in California, but in Texas, the Open Records Act
[42:17.200 --> 42:23.360]  states that the custodian of the record may make no inquiry of the request or other
[42:23.360 --> 42:34.240]  than to determine his identity and the records sought. Right. So if you can con them into asking
[42:34.240 --> 42:49.200]  you why you want to see this. Gotcha. I tend to craft my requests in a way that would make a
[42:49.200 --> 42:54.880]  reasonable person of ordinary prudence wonder, what in the heck is he looking for?
[42:56.320 --> 43:03.440]  So that I can get them to get their curiosity up and then be careless and ask me that question.
[43:05.200 --> 43:10.560]  Once the once the question is asked, the bell is rung.
[43:10.560 --> 43:16.720]  And it's class A misdemeanor here in Texas. And it's probably the same thing in California, because
[43:17.920 --> 43:24.160]  the purpose of Open Records is to give you access. And if you have to tell them why you want to see
[43:24.160 --> 43:29.040]  it, then they know which records to hide, to hide from you. So you're going to have this statute that
[43:29.920 --> 43:35.680]  tells them they can't question you about why you want to see this. So you're going to have this
[43:35.680 --> 43:43.040]  statute that tells them they can't question you about why you want to see this. So I'd like to make
[43:43.040 --> 43:49.920]  my request really cryptic. OK, you want to take us out? You got it. This is Roll of Love Radio.
[43:49.920 --> 43:57.120]  You're listening to Randy Kelton Jetpack. Please call us at 512-646-1984. We'll be right back.
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[44:51.600 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
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[46:20.000 --> 46:35.000]  Hi, you're listening to Rule of Law Radio with Brandi Kelton, vet pat.
[46:35.000 --> 46:37.000]  Brandi, we're talking to Eric.
[46:37.000 --> 46:40.000]  You guys want to continue?
[46:40.000 --> 46:56.000]  Okay, Eric, so was the judge rude or did he get frustrated or angry or was he infuriating
[46:56.000 --> 46:57.000]  or polite?
[46:57.000 --> 46:59.000]  I hate when they're polite.
[46:59.000 --> 47:08.000]  Yeah, he was getting really annoyed because I kept objecting every 10 seconds to something
[47:08.000 --> 47:17.000]  and he just kept saying your objection was debated and overruled and when I'd bring
[47:17.000 --> 47:25.000]  up the motion, he would say that motion is denied and then when it came to the part where
[47:25.000 --> 47:31.000]  I asked the questions, I pulled up my interrogatories since I'd never received an answer to them
[47:31.000 --> 47:35.000]  and started asking the officer all those questions.
[47:35.000 --> 47:45.000]  And for more than half the questions, the judge, he just said the court is imposing
[47:45.000 --> 47:53.000]  its own objection based on relevance grounds and these are all relevant questions concerning
[47:53.000 --> 48:01.000]  whether the stop was justified given the fact that it was a civil infraction and how everything
[48:01.000 --> 48:06.000]  resulting from that stop would therefore be illegal and dismissed.
[48:06.000 --> 48:13.000]  But yeah, for more than half the questions, he imposed his own objection and I said I
[48:13.000 --> 48:20.000]  object because you were acting as a prosecution and he said you are not allowed to object
[48:20.000 --> 48:21.000]  to the court's objection.
[48:21.000 --> 48:27.000]  That's his answer and he kept rolling his eyes and just getting annoyed at everything.
[48:27.000 --> 48:37.000]  Okay, okay, then you can maintain that he denied you in your right to petition the court,
[48:37.000 --> 48:47.000]  charged him with the procedural due process and certainly filed a judicial complaint against
[48:47.000 --> 48:48.000]  him.
[48:48.000 --> 48:49.000]  Okay.
[48:49.000 --> 48:58.000]  This hurts them, they're never going to tell you it hurts them but this judge has to have
[48:58.000 --> 49:06.000]  a bond to be a judge and judicial complaint are just like having an accident with your
[49:06.000 --> 49:07.000]  car.
[49:07.000 --> 49:13.000]  Your fault, their fault, nobody's fault, the insurance company does not care.
[49:13.000 --> 49:16.000]  Your ratings going up.
[49:16.000 --> 49:20.000]  Same thing with judicial complaints and bar grievances.
[49:20.000 --> 49:26.000]  You bar grieve that judge and his malpractice insurance is going to double.
[49:26.000 --> 49:32.000]  You think he's annoyed with you now, you get through bar grieving him, he'll be a whole
[49:32.000 --> 49:34.000]  lot more annoyed.
[49:34.000 --> 49:40.000]  Make sure you bar grieve the prosecutor, you have to understand these guys are not the
[49:40.000 --> 49:44.000]  sharpest knives in the drawer.
[49:44.000 --> 49:51.000]  If they were, they'd be out making the big bucks but they're down here in this municipal
[49:51.000 --> 50:00.000]  chump court making chump change because they're not making enough being a real lawyer.
[50:00.000 --> 50:07.000]  So when you sting them with a bar grievance, you've got no idea how bad that hurts them
[50:07.000 --> 50:12.000]  because if they try to get on with a law firm, first thing the law firm is going to do is
[50:12.000 --> 50:14.000]  check his record.
[50:14.000 --> 50:20.000]  If he's got two or three bar grievances, they're not going to touch it because if they hire
[50:20.000 --> 50:27.000]  this guy with these bar grievances, their insurance carrier is going to jack their rates
[50:27.000 --> 50:28.000]  up.
[50:28.000 --> 50:29.000]  Right.
[50:29.000 --> 50:35.000]  So they want to play hardball with you, they want to try to steal your money from them.
[50:35.000 --> 50:38.000]  Let's play hardball back.
[50:38.000 --> 50:43.000]  Okay, you have anything?
[50:43.000 --> 50:44.000]  Go ahead.
[50:44.000 --> 50:48.000]  Yeah, I've got a question about the motion that I filed.
[50:48.000 --> 50:57.000]  Is there anything that I could have gotten wrong in the motion that would prevent them
[50:57.000 --> 51:00.000]  from being required to have a hearing on it?
[51:00.000 --> 51:02.000]  No, no.
[51:02.000 --> 51:05.000]  And that was a point I was going to address.
[51:05.000 --> 51:12.000]  The judge said the motion was heard and denied.
[51:12.000 --> 51:16.000]  That's why you want to go pull the records and look at the records.
[51:16.000 --> 51:18.000]  You want to see what's in there.
[51:18.000 --> 51:25.000]  You want to find the written order denying these motions.
[51:25.000 --> 51:26.000]  Okay.
[51:26.000 --> 51:28.000]  They're not going to be there.
[51:28.000 --> 51:35.000]  In fact, I checked online and they have a case like docket information, things that
[51:35.000 --> 51:38.000]  you can look up and it didn't say anything about the motion except that it was received
[51:38.000 --> 51:40.000]  when I filed it.
[51:40.000 --> 51:42.000]  That's all it said.
[51:42.000 --> 51:44.000]  Did you take it down there?
[51:44.000 --> 51:46.000]  Did they stamp it?
[51:46.000 --> 51:47.000]  Yes.
[51:47.000 --> 51:48.000]  Oh, okay.
[51:48.000 --> 51:53.000]  If they stamped it, you've got a court stamp on it, now you want to go see the physical
[51:53.000 --> 51:54.000]  file.
[51:54.000 --> 51:55.000]  Okay.
[51:55.000 --> 52:00.000]  And they're likely to give you some guff about it and you don't care what they're going
[52:00.000 --> 52:01.000]  to do.
[52:01.000 --> 52:03.000]  They want you to look at the computer.
[52:03.000 --> 52:08.000]  The problem with that is when you look in the computer for something you don't expect
[52:08.000 --> 52:17.000]  to be there, when you raise an issue about it not being there, then magically it appears.
[52:17.000 --> 52:19.000]  Randall County, Texas.
[52:19.000 --> 52:25.000]  Randall County is Amarillo up in the flat, up in the panhandle.
[52:25.000 --> 52:30.000]  I went there and asked to see the physical file because I did not expect to find a criminal
[52:30.000 --> 52:32.000]  complaint in the file.
[52:32.000 --> 52:36.000]  And the clerk said that I could get all of this on the computer.
[52:36.000 --> 52:39.000]  I said I don't want to look at the computer, I want to see the physical file.
[52:39.000 --> 52:42.000]  I expect something not to be there.
[52:42.000 --> 52:46.000]  And if I look at the computer and then I raise an issue about it not being there, it will
[52:46.000 --> 52:47.000]  magically appear.
[52:47.000 --> 52:53.000]  So I need to see the physical file so I can verify what is there and more importantly
[52:53.000 --> 52:55.000]  what is not there.
[52:55.000 --> 52:59.000]  Because if it's not there, I'm going to give you an information request asking for it.
[52:59.000 --> 53:01.000]  And she said, well, if it's not there, I can't show it to you.
[53:01.000 --> 53:03.000]  I said that's right, you can't.
[53:03.000 --> 53:09.000]  Then you'll have to give me a response saying we have no records responsive to your request.
[53:09.000 --> 53:11.000]  And that way I can prove it's not here.
[53:11.000 --> 53:16.000]  Well, I don't have the time or the personnel, you'll just have to look at the computer.
[53:16.000 --> 53:18.000]  Wait right there.
[53:18.000 --> 53:20.000]  Don't go anywhere.
[53:20.000 --> 53:22.000]  Somebody is going to want to talk to you.
[53:22.000 --> 53:27.000]  And I opened the door and called the plaintiff over and asked him to arrest her.
[53:27.000 --> 53:31.000]  Oh, that was so much fun.
[53:31.000 --> 53:35.000]  He got his lieutenant and I told the lieutenant I wanted him to arrest the clerk.
[53:35.000 --> 53:38.000]  Well, I'm not going to be arresting anybody here today.
[53:38.000 --> 53:40.000]  And I turned to the sergeant and said, what did you get him for?
[53:40.000 --> 53:42.000]  He's worthless.
[53:42.000 --> 53:43.000]  I need a real police officer.
[53:43.000 --> 53:44.000]  I am a real police officer.
[53:44.000 --> 53:45.000]  I'm a lieutenant.
[53:45.000 --> 53:46.000]  Oh, you are.
[53:46.000 --> 53:47.000]  You got a card?
[53:47.000 --> 53:48.000]  Yes, I do.
[53:48.000 --> 53:49.000]  Give me that.
[53:49.000 --> 53:56.000]  And I called 911 and asked for an officer to come out and arrest the both of them.
[53:56.000 --> 54:00.000]  Oh, that was so much fun.
[54:00.000 --> 54:08.000]  The point is you go to the clerk and ask to see this file.
[54:08.000 --> 54:14.000]  If they give you any garbage at all, you just dial 911.
[54:14.000 --> 54:18.000]  Do not argue with these people.
[54:18.000 --> 54:26.000]  These people are very accustomed to citizens coming in frustrated, upset, angry.
[54:26.000 --> 54:30.000]  And they're very good at dealing with that.
[54:30.000 --> 54:36.000]  What they're not good at dealing with is somebody that they can't affect.
[54:36.000 --> 54:41.000]  And when you ask them to do something and they don't do it,
[54:41.000 --> 54:44.000]  you pick up the phone and dial 911.
[54:44.000 --> 54:49.000]  Now you've done to them what they like to do to you.
[54:49.000 --> 54:53.000]  You turn the tables on them.
[54:53.000 --> 54:57.000]  Very likely then they will bring you the records.
[54:57.000 --> 54:58.000]  Most likely they'll bring them anyway.
[54:58.000 --> 55:01.000]  Generally the clerks are not a problem.
[55:01.000 --> 55:05.000]  But you don't want them to know what you're looking for.
[55:05.000 --> 55:07.000]  You're looking for signed orders.
[55:07.000 --> 55:12.000]  Even if there's an order in there, if it's not signed, it's not an order.
[55:12.000 --> 55:19.000]  If there's an order in there unsigned, then get a copy of it, certified copy.
[55:19.000 --> 55:27.000]  If there's not an order in there, then put in a written request for any
[55:27.000 --> 55:36.000]  and all orders signed by the judge in this case and give it to them.
[55:36.000 --> 55:40.000]  Now you can, because you can state on this day, at this time,
[55:40.000 --> 55:45.000]  there are no signed orders in this file.
[55:45.000 --> 55:51.000]  And the judge said he heard the orders and that he heard the motions
[55:51.000 --> 55:53.000]  and the motions were denied.
[55:53.000 --> 56:00.000]  Well, when did he hear these motions?
[56:00.000 --> 56:05.000]  Did him and the prosecutor get together and hear them ex parte?
[56:05.000 --> 56:10.000]  You don't remember coming into a hearing where these motions were heard.
[56:10.000 --> 56:17.000]  Did the prosecutor file an opposition to the challenge subject matter jurisdiction?
[56:17.000 --> 56:21.000]  No.
[56:21.000 --> 56:26.000]  Then he waved in opposition.
[56:26.000 --> 56:32.000]  Give the clerk, list the orders, list the motions that you have
[56:32.000 --> 56:39.000]  and ask for the order signed by the judge denying this motion
[56:39.000 --> 56:43.000]  and this motion and this motion.
[56:43.000 --> 56:50.000]  Name them specifically so she can come back and say she doesn't have it.
[56:50.000 --> 56:52.000]  You need to be able to establish that.
[56:52.000 --> 56:59.000]  Now you go back and now you file criminally against the judge and the prosecutor.
[56:59.000 --> 57:01.000]  Okay.
[57:01.000 --> 57:08.000]  When the judge said in court that the motion was heard and denied,
[57:08.000 --> 57:12.000]  was the prosecutor standing there?
[57:12.000 --> 57:15.000]  Yeah.
[57:15.000 --> 57:19.000]  If it wasn't heard, he had a duty to notify the judge and he did not,
[57:19.000 --> 57:22.000]  so he acted in concert inclusion.
[57:22.000 --> 57:25.000]  Charge them both.
[57:25.000 --> 57:26.000]  Wow.
[57:26.000 --> 57:29.000]  They are definitely not used to you coming after them criminally.
[57:29.000 --> 57:33.000]  And you will see when you do this, the worm really turns.
[57:33.000 --> 57:41.000]  And if anybody says anything to you like, oh, wow, you need to be careful.
[57:41.000 --> 57:42.000]  You could get in a lot of trouble.
[57:42.000 --> 57:43.000]  That's witnessed.
[57:43.000 --> 57:45.000]  Randy.
[57:45.000 --> 57:48.000]  We got to go out for a break.
[57:48.000 --> 57:49.000]  Keep it quiet.
[57:49.000 --> 57:50.000]  We got to go.
[57:50.000 --> 57:51.000]  This is rule of law radio.
[57:51.000 --> 57:56.000]  You're listening to Randy Kelton's vet pack, 512-646-1984.
[57:56.000 --> 57:58.000]  We'll be right back.
[57:58.000 --> 57:59.000]  Actually not.
[57:59.000 --> 58:01.000]  We still got another minute.
[58:01.000 --> 58:04.000]  No way.
[58:04.000 --> 58:07.000]  You're kidding me.
[58:07.000 --> 58:11.000]  My computer is all messed up.
[58:11.000 --> 58:13.000]  It's just three friends.
[58:13.000 --> 58:15.000]  I'm like, what?
[58:15.000 --> 58:19.000]  I do that kind of stuff all the time.
[58:19.000 --> 58:21.000]  I forget what segment.
[58:21.000 --> 58:24.000]  And in the end, I close the show out an hour early.
[58:24.000 --> 58:27.000]  I hate when I do that.
[58:27.000 --> 58:28.000]  Okay.
[58:28.000 --> 58:30.000]  Sorry about that, Eric.
[58:30.000 --> 58:33.000]  We're still getting these routines down.
[58:33.000 --> 58:34.000]  Okay.
[58:34.000 --> 58:35.000]  Take us out of here.
[58:35.000 --> 58:38.000]  I'll call on the corner.
[58:38.000 --> 58:43.000]  Give us a call, 512-646-1984.
[58:43.000 --> 58:46.000]  You're listening to Randy Kelton's vet pack.
[58:46.000 --> 58:50.000]  We'll be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 58:57.000]  Bibles for America is offering a free study Bible
[58:57.000 --> 59:01.000]  and a set of free Christian books that can really help.
[59:01.000 --> 59:04.000]  The New Testament Recovery Version is one of the most comprehensive
[59:04.000 --> 59:06.000]  study Bibles available today.
[59:06.000 --> 59:09.000]  It's an accurate translation, and it contains thousands of footnotes
[59:09.000 --> 59:13.000]  that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:16.000]  The free books are a three-volume set called
[59:16.000 --> 59:18.000]  Basic Elements of the Christian Life.
[59:18.000 --> 59:21.000]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.000 --> 59:24.000]  clearly presents God's plan of salvation,
[59:24.000 --> 59:28.000]  growing in Christ, and how to build up the church.
[59:28.000 --> 59:31.000]  To order your free New Testament Recovery Version
[59:31.000 --> 59:34.000]  and Basic Elements of the Christian Life,
[59:34.000 --> 59:41.000]  call Bibles for America toll free at 888-551-0102.
[59:41.000 --> 59:45.000]  That's 888-551-0102.
[59:45.000 --> 59:50.000]  Or visit us online at bfa.org.
[59:50.000 --> 01:00:00.000]  Live free speech radio, logosradionetwork.com.
[01:00:00.000 --> 01:00:07.000]  The following use flash is brought to you by the Lone Star Lowdown,
[01:00:07.000 --> 01:00:10.000]  providing the jelly bulletins for the commodities market.
[01:00:10.000 --> 01:00:14.000]  Today in history, news updates,
[01:00:14.000 --> 01:00:23.000]  and the inside scoop into the tides of the alternatives.
[01:00:23.000 --> 01:00:26.000]  Markets for Friday, the 27th of May, 2016,
[01:00:26.000 --> 01:00:30.000]  are currently treading with gold at $1,212.75 an ounce,
[01:00:30.000 --> 01:00:32.000]  silver, $16.22 an ounce,
[01:00:32.000 --> 01:00:35.000]  Texas crude, $49.48 a barrel,
[01:00:35.000 --> 01:00:45.000]  and Bitcoin is currently sitting at about $469 U.S. currency.
[01:00:45.000 --> 01:00:48.000]  Today in history, the year 1937,
[01:00:48.000 --> 01:00:51.000]  the Golden Gate Bridge in San Francisco is dedicated.
[01:00:51.000 --> 01:00:55.000]  In construction for over four years at the cost of more than $35 million at the time,
[01:00:55.000 --> 01:00:57.000]  and spanning nearly two miles,
[01:00:57.000 --> 01:01:01.000]  the Golden Gate Bridge opening celebrations lasted for a week
[01:01:01.000 --> 01:01:07.000]  and began today in history.
[01:01:07.000 --> 01:01:10.000]  In recent news, a Greek archaeologist, Constantinos Sismonides,
[01:01:10.000 --> 01:01:14.000]  believes he has discovered the tomb of the great philosopher Aristotle.
[01:01:14.000 --> 01:01:17.000]  Excavating the ruins of Stagira since 1990,
[01:01:17.000 --> 01:01:20.000]  the archaeologist told CNN that his team has strong evidence
[01:01:20.000 --> 01:01:24.000]  that the 2,400-year-old tomb belongs to the philosopher.
[01:01:24.000 --> 01:01:27.000]  The structure is about 40 miles east of Thessalonica
[01:01:27.000 --> 01:01:31.000]  and is thought to have been built in honor of Aristotle's death in 322 B.C.
[01:01:31.000 --> 01:01:33.000]  This place was named Aristotelian,
[01:01:33.000 --> 01:01:36.000]  and historical sources cite that locals would gather every year
[01:01:36.000 --> 01:01:38.000]  to celebrate the life of Aristotle.
[01:01:38.000 --> 01:01:42.000]  We know that Aristotle died in Chalcis in the island of Uboea,
[01:01:42.000 --> 01:01:43.000]  Sismonides explained,
[01:01:43.000 --> 01:01:47.000]  but after some years they took his ashes and placed them in a bronze vessel.
[01:01:47.000 --> 01:01:50.000]  They brought his ashes to his birthplace, the ancient city of Agora,
[01:01:50.000 --> 01:01:55.000]  and made an altar in a public building to celebrate Aristotle as a hero.
[01:01:55.000 --> 01:01:58.000]  Credited with radically transforming many fields of knowledge,
[01:01:58.000 --> 01:02:01.000]  particularly in physics, metaphysics, and logic,
[01:02:01.000 --> 01:02:04.000]  Aristotle remains a hero of philosophy to this very day.
[01:02:10.000 --> 01:02:13.000]  The SpaceX Falcon 9 rocket came down for a perfect landing at sea today
[01:02:13.000 --> 01:02:17.000]  during the successful launch of the DICOM-8 communication satellite.
[01:02:17.000 --> 01:02:21.000]  With a flight time of less than nine minutes from liftoff until touchdown,
[01:02:21.000 --> 01:02:26.000]  this landing marks the third droneship landing at sea for Elon Musk's SpaceX Falcon 9 rocket.
[01:02:30.000 --> 01:02:31.000]  This Memorial Day weekend,
[01:02:31.000 --> 01:02:36.000]  we not only call remembrance to the nearly 4,000 U.S. military combat deaths in Iraq alone,
[01:02:36.000 --> 01:02:39.000]  but the roughly 12,000 suicide attempts by American personnel a year,
[01:02:39.000 --> 01:02:42.000]  half of which or more are being successful,
[01:02:42.000 --> 01:02:46.000]  and the terrifying estimates of a million and a half civilian casualties in Iraq
[01:02:46.000 --> 01:02:51.000]  since the commencement of Operation Iraqi Freedom in March of 2003.
[01:02:51.000 --> 01:03:16.000]  This is Rick Rodey with the Lowdown for May 27, 2016.
[01:03:21.000 --> 01:03:43.000]  We are back with Rule of Law Radio, Randy Kelton, Vet Pack.
[01:03:43.000 --> 01:03:46.000]  All right, you guys, go ahead, duke it out.
[01:03:46.000 --> 01:03:51.000]  Oh, I am in such big trouble.
[01:03:51.000 --> 01:03:55.000]  I forgot to mute Eric, and we can hear him talking on the intro.
[01:03:55.000 --> 01:03:58.000]  Deborah is going to skin me alive.
[01:03:58.000 --> 01:04:03.000]  There's only one thing I need to do on the intro and outro, and that's mute the call.
[01:04:03.000 --> 01:04:05.000]  I'm in trouble.
[01:04:05.000 --> 01:04:07.000]  Hello, Eric.
[01:04:07.000 --> 01:04:08.000]  Hi.
[01:04:08.000 --> 01:04:14.000]  I've got one other thing I wanted to bring up, which is that after he denied everything
[01:04:14.000 --> 01:04:19.000]  and ruled all my objections, at the end of the trial he found me guilty
[01:04:19.000 --> 01:04:22.000]  and then asked me if I wanted to attend traffic school,
[01:04:22.000 --> 01:04:25.000]  and I said, well, I'm going to be appealing this.
[01:04:25.000 --> 01:04:30.000]  And he said, okay, but I need an answer, are you going to attend traffic school?
[01:04:30.000 --> 01:04:33.000]  And I refused to answer it.
[01:04:33.000 --> 01:04:35.000]  And then he asked if I wanted to set up a payment plan,
[01:04:35.000 --> 01:04:38.000]  and I said again, I'm going to be appealing this.
[01:04:38.000 --> 01:04:42.000]  And then he said the court will impose a payment plan
[01:04:42.000 --> 01:04:45.000]  and add a fee for that, to set that up.
[01:04:45.000 --> 01:04:48.000]  And so he went ahead and did that on his own.
[01:04:48.000 --> 01:04:53.000]  And then when I took the papers over to the clerk,
[01:04:53.000 --> 01:04:58.000]  they wanted to arrange the payment plan, and we asked them about it as well
[01:04:58.000 --> 01:05:00.000]  and said that we're going to be appealing it.
[01:05:00.000 --> 01:05:02.000]  And she gave us some information on how to appeal
[01:05:02.000 --> 01:05:09.000]  and said that in the meantime, until the case is over and we've appealed
[01:05:09.000 --> 01:05:15.000]  and we stop to be making payments in the meantime.
[01:05:15.000 --> 01:05:18.000]  So they're expecting us to pay.
[01:05:18.000 --> 01:05:20.000]  That is interesting.
[01:05:20.000 --> 01:05:26.000]  So they're demanding payments even though you're appealing.
[01:05:26.000 --> 01:05:27.000]  Right.
[01:05:27.000 --> 01:05:29.000]  Even after I've filed, I mean, I haven't filed it yet,
[01:05:29.000 --> 01:05:32.000]  but even after I've filed it, I'm surprised to hear
[01:05:32.000 --> 01:05:35.000]  that they're expecting payments in the meantime.
[01:05:35.000 --> 01:05:37.000]  I was always surprised to hear that.
[01:05:37.000 --> 01:05:42.000]  Did you tell them to send you all this information in writing
[01:05:42.000 --> 01:05:47.000]  so that you don't forget?
[01:05:47.000 --> 01:05:49.000]  No, actually I didn't.
[01:05:49.000 --> 01:05:51.000]  I could probably go do that.
[01:05:51.000 --> 01:05:55.000]  That would be a good thing to have on record, I guess.
[01:05:55.000 --> 01:05:57.000]  Okay, you might call down there and say,
[01:05:57.000 --> 01:06:01.000]  you guys are saying something about payments.
[01:06:01.000 --> 01:06:04.000]  Will you send me some information on that?
[01:06:04.000 --> 01:06:13.000]  Then you file a complaint against the court for that.
[01:06:13.000 --> 01:06:21.000]  They're attempting to collect a debt that is not yet owed.
[01:06:21.000 --> 01:06:25.000]  When you give the court, when you told them you intended to appeal,
[01:06:25.000 --> 01:06:31.000]  that was a notice of appeal, and they lose jurisdiction.
[01:06:31.000 --> 01:06:38.000]  And that renders the judgment not a final judgment.
[01:06:38.000 --> 01:06:45.000]  The fact that the court issued, ordered the payment plan,
[01:06:45.000 --> 01:06:51.000]  I'm going to say that's not an authority that he had.
[01:06:51.000 --> 01:06:55.000]  You need to look at California law and see if there's a provision
[01:06:55.000 --> 01:07:04.000]  that requires you to pay a traffic fine even if you appeal.
[01:07:04.000 --> 01:07:06.000]  It's possible that could be there,
[01:07:06.000 --> 01:07:11.000]  but that would be a horrible due process violation.
[01:07:11.000 --> 01:07:13.000]  But that doesn't mean they don't have these kind of laws,
[01:07:13.000 --> 01:07:18.000]  and if they do have the law, then you need to appeal that issue.
[01:07:18.000 --> 01:07:24.000]  Appeal the law is unconstitutional.
[01:07:24.000 --> 01:07:30.000]  It inflicts punishment prior to a final adjudication.
[01:07:30.000 --> 01:07:33.000]  Right.
[01:07:33.000 --> 01:07:34.000]  Okay, look at that.
[01:07:34.000 --> 01:07:40.000]  If that's the case, if there is no provision for collecting the fine,
[01:07:40.000 --> 01:07:46.000]  then absolutely file against him.
[01:07:46.000 --> 01:07:55.000]  If you have more than one issue that you could say,
[01:07:55.000 --> 01:07:58.000]  a judicial complaint, my tongue got tangled.
[01:07:58.000 --> 01:08:02.000]  If you have more than one issue for which you could file
[01:08:02.000 --> 01:08:08.000]  a judicial conduct complaint, file each one separate,
[01:08:08.000 --> 01:08:14.000]  and give a week or so between each one.
[01:08:14.000 --> 01:08:18.000]  That way they have to treat each one individually,
[01:08:18.000 --> 01:08:21.000]  and also do your bar grievances the same way.
[01:08:21.000 --> 01:08:26.000]  If you file four or five things in one filing, they'll treat it as one.
[01:08:26.000 --> 01:08:30.000]  But if you do it one at a time, a week apart,
[01:08:30.000 --> 01:08:35.000]  then they have to treat each one individually.
[01:08:35.000 --> 01:08:40.000]  That'll sting them good.
[01:08:40.000 --> 01:08:41.000]  Okay, Eric.
[01:08:41.000 --> 01:08:42.000]  All right.
[01:08:42.000 --> 01:08:46.000]  John, keep us up to date.
[01:08:46.000 --> 01:08:47.000]  Okay.
[01:08:47.000 --> 01:08:48.000]  Thanks a lot.
[01:08:48.000 --> 01:08:49.000]  I appreciate it.
[01:08:49.000 --> 01:08:50.000]  All righty.
[01:08:50.000 --> 01:08:52.000]  We're going to go to John in California.
[01:08:52.000 --> 01:08:53.000]  Hello, John.
[01:08:53.000 --> 01:08:56.000]  What do you have for us today?
[01:08:56.000 --> 01:08:57.000]  Hello, Randy.
[01:08:57.000 --> 01:08:59.000]  It's beautiful out here in California.
[01:08:59.000 --> 01:09:01.000]  But listen, I could listen to you 24-7.
[01:09:01.000 --> 01:09:02.000]  Hey, hey.
[01:09:02.000 --> 01:09:07.000]  Hey, I'm here in Texas where it never rains, the sun always shines,
[01:09:07.000 --> 01:09:10.000]  the weather's always perfect.
[01:09:10.000 --> 01:09:12.000]  We are so full of caca.
[01:09:12.000 --> 01:09:13.000]  What?
[01:09:13.000 --> 01:09:14.000]  Wait, wait.
[01:09:14.000 --> 01:09:15.000]  No, no, no.
[01:09:15.000 --> 01:09:18.000]  That's Yankee propaganda.
[01:09:18.000 --> 01:09:19.000]  I love the show, Randy.
[01:09:19.000 --> 01:09:21.000]  The information that I'm listening to, I mean,
[01:09:21.000 --> 01:09:24.000]  I've used some of that information and it makes a lot of sense.
[01:09:24.000 --> 01:09:26.000]  But listen, I've got an issue.
[01:09:26.000 --> 01:09:27.000]  Well, not myself.
[01:09:27.000 --> 01:09:32.000]  A friend of mine has an issue where he filed a complaint against his accountant,
[01:09:32.000 --> 01:09:35.000]  bookkeeper for embezzlement.
[01:09:35.000 --> 01:09:42.000]  And the district attorney, they took up the case and after three years of investigation
[01:09:42.000 --> 01:09:49.000]  with overwhelming evidence against the individual, they dismissed the case.
[01:09:49.000 --> 01:09:51.000]  And this happened back in 2004.
[01:09:51.000 --> 01:09:54.000]  I know the statute of limitations has probably run out.
[01:09:54.000 --> 01:09:59.000]  But is there anything that he can do to revisit that case?
[01:09:59.000 --> 01:10:02.000]  He's talked to the district attorney before, the new one now,
[01:10:02.000 --> 01:10:07.000]  and he said the statute of limitations has surpassed and he's got no action coming.
[01:10:07.000 --> 01:10:08.000]  Is that true?
[01:10:08.000 --> 01:10:09.000]  Yeah.
[01:10:09.000 --> 01:10:10.000]  Yes.
[01:10:10.000 --> 01:10:11.000]  Oh, my lordy lord.
[01:10:11.000 --> 01:10:13.000]  That's not what he wanted to hear.
[01:10:13.000 --> 01:10:18.000]  Yeah, you need to move more quickly.
[01:10:18.000 --> 01:10:24.000]  Murder doesn't have a statute of limitation, but I said it's true.
[01:10:24.000 --> 01:10:26.000]  I'm certain that it's true.
[01:10:26.000 --> 01:10:32.000]  Things like embezzlement, this is not a violent crime.
[01:10:32.000 --> 01:10:36.000]  They will generally have a two to four year statute of limitations.
[01:10:36.000 --> 01:10:38.000]  And you're talking 12 years.
[01:10:38.000 --> 01:10:41.000]  That's way too long.
[01:10:41.000 --> 01:10:43.000]  Right, right.
[01:10:43.000 --> 01:10:47.000]  Witnesses disappear, memories fade.
[01:10:47.000 --> 01:10:50.000]  The guy at this point couldn't get a fair trial.
[01:10:50.000 --> 01:10:54.000]  Even if he was guilty of sin, he couldn't get a fair trial.
[01:10:54.000 --> 01:10:58.000]  So yeah, he's probably way too late.
[01:10:58.000 --> 01:11:02.000]  But what your guy should have done is you file the criminal first,
[01:11:02.000 --> 01:11:06.000]  and in this case, you let the prosecuting attorney do your research for you.
[01:11:06.000 --> 01:11:14.000]  And when the prosecutor makes a deal with the guy and then he drops the case,
[01:11:14.000 --> 01:11:19.000]  and you go to the court and collect everything that the prosecutor,
[01:11:19.000 --> 01:11:24.000]  whatever investigations, once the case is dropped,
[01:11:24.000 --> 01:11:27.000]  then all that information becomes public.
[01:11:27.000 --> 01:11:29.000]  It's no longer a work product.
[01:11:29.000 --> 01:11:34.000]  And you can get all the information and use that to go after him civilly.
[01:11:34.000 --> 01:11:37.000]  And you know what, Randy, let me bring you up to speed on that.
[01:11:37.000 --> 01:11:41.000]  He did file a civil lawsuit simultaneously.
[01:11:41.000 --> 01:11:49.000]  And the judge in the case, by default, what do you call it, finalized the case
[01:11:49.000 --> 01:11:55.000]  and closed the case.
[01:11:55.000 --> 01:11:58.000]  Did he say he had to state why?
[01:11:58.000 --> 01:12:05.000]  Somebody filed a mostly for summary judgment, I suspect.
[01:12:05.000 --> 01:12:10.000]  He tells me that the lawyers for the opposition said that they had reached an agreement.
[01:12:10.000 --> 01:12:12.000]  Then he said, I read the agreement.
[01:12:12.000 --> 01:12:13.000]  I never consented to it.
[01:12:13.000 --> 01:12:15.000]  I never signed anything.
[01:12:15.000 --> 01:12:17.000]  They went to court on their own and said, we filed.
[01:12:17.000 --> 01:12:19.000]  We settled.
[01:12:19.000 --> 01:12:21.000]  And the judge says, okay, the guy's not here,
[01:12:21.000 --> 01:12:25.000]  so by default I'm going to let you guys have a rule in your favor.
[01:12:25.000 --> 01:12:29.000]  So they went ahead and dismissed the case altogether in the civil action.
[01:12:29.000 --> 01:12:36.000]  Yeah, but any default judgment, 70% of all default judgments get overturned.
[01:12:36.000 --> 01:12:40.000]  Did they give this guy notice of the hearing?
[01:12:40.000 --> 01:12:42.000]  No, no, they did not.
[01:12:42.000 --> 01:12:44.000]  That's the standard procedure.
[01:12:44.000 --> 01:12:48.000]  That should have got sanctions, motions for sanctions against the lawyers.
[01:12:48.000 --> 01:12:51.000]  They do this and they get the default in place.
[01:12:51.000 --> 01:12:53.000]  Now you have to overcome the default.
[01:12:53.000 --> 01:12:57.000]  But 70% of all default judgments are overturned,
[01:12:57.000 --> 01:13:02.000]  and the vast majority are overturned for lack of notice.
[01:13:02.000 --> 01:13:07.000]  So is there a possibility, even the case is that old, for him to file,
[01:13:07.000 --> 01:13:10.000]  avoid a default judgment?
[01:13:10.000 --> 01:13:11.000]  No, way too old.
[01:13:11.000 --> 01:13:14.000]  Way too old, okay.
[01:13:14.000 --> 01:13:17.000]  And you know, he's got nothing coming.
[01:13:17.000 --> 01:13:19.000]  All right, all right.
[01:13:19.000 --> 01:13:20.000]  I'm sorry.
[01:13:20.000 --> 01:13:24.000]  I don't have anything for him, but it's way too old.
[01:13:24.000 --> 01:13:26.000]  Yeah, and you know what?
[01:13:26.000 --> 01:13:28.000]  I wanted to verify with you because I've listened to you before
[01:13:28.000 --> 01:13:35.000]  and your information is extremely, extremely positive and extremely effective.
[01:13:35.000 --> 01:13:39.000]  And I give you guys props for that because you guys are doing a great job.
[01:13:39.000 --> 01:13:43.000]  You'd be surprised how many people are going through the court system.
[01:13:43.000 --> 01:13:46.000]  And you know, I've listened to the last gentleman that talked about his case,
[01:13:46.000 --> 01:13:48.000]  and the same thing was happening to me.
[01:13:48.000 --> 01:13:51.000]  I went before the judge and he already knows my name,
[01:13:51.000 --> 01:13:55.000]  and he treats me like where the kitty goes.
[01:13:55.000 --> 01:13:59.000]  He doesn't want to bother me, okay, Mr. Graham, Mr. So-and-so here,
[01:13:59.000 --> 01:14:01.000]  Mr. So-and-so here, and thank you.
[01:14:01.000 --> 01:14:05.000]  But let me ask you one more question while I've got you on the line.
[01:14:05.000 --> 01:14:08.000]  When they give you in California a notice to appear,
[01:14:08.000 --> 01:14:11.000]  isn't that a notice to appear before the judge?
[01:14:11.000 --> 01:14:17.000]  Because it says right on the notice to appear before a judge or a clerk.
[01:14:17.000 --> 01:14:21.000]  And to court, I was not on calendar.
[01:14:21.000 --> 01:14:31.000]  And have you read the Rules of Criminal Procedure for California?
[01:14:31.000 --> 01:14:32.000]  To that extent.
[01:14:32.000 --> 01:14:37.000]  Look up, okay, when they give you that notice to appear,
[01:14:37.000 --> 01:14:41.000]  I had one on my citation that says it's supposed to appear before the court,
[01:14:41.000 --> 01:14:44.000]  but I looked up the code.
[01:14:44.000 --> 01:14:53.000]  And in Texas, Texas Transportation Code, Section 543, I believe, 003,
[01:14:53.000 --> 01:15:02.000]  4, 5, and 6 are the ones that authorize the officer to release a person
[01:15:02.000 --> 01:15:05.000]  on a promise to appear.
[01:15:05.000 --> 01:15:12.000]  But the promise to appear under 5006 is to appear before a magistrate
[01:15:12.000 --> 01:15:21.000]  because the law requires that any time a person is arrested for an on-site offense,
[01:15:21.000 --> 01:15:27.000]  they must be taken directly to the nearest magistrate.
[01:15:27.000 --> 01:15:33.000]  Now, the magistrate may be a judge, but when you step before him,
[01:15:33.000 --> 01:15:37.000]  you don't step before him in his capacity as a judge.
[01:15:37.000 --> 01:15:42.000]  You step before him in his capacity as a magistrate.
[01:15:42.000 --> 01:15:50.000]  And it is his duty first to determine whether or not probable cause exists
[01:15:50.000 --> 01:15:52.000]  to believe that a crime has been committed.
[01:15:52.000 --> 01:15:57.000]  So when I went in, a clerk wanted to take a plea.
[01:15:57.000 --> 01:16:04.000]  Well, the clerks were so nice and friendly, and I couldn't get them off their game.
[01:16:04.000 --> 01:16:13.000]  So I left them be, but we have a clerk here trying to take a plea.
[01:16:13.000 --> 01:16:20.000]  Well, the question is, what authority does the clerk have to take a plea?
[01:16:20.000 --> 01:16:22.000]  Let me give you some Texas law,
[01:16:22.000 --> 01:16:29.000]  then you're probably going to have some California law that mirrors it.
[01:16:29.000 --> 01:16:34.000]  Rule 413 in Texas, I'm sorry, I'm looking at the wrong one.
[01:16:34.000 --> 01:16:43.000]  When a person is arrested for an on-site offense under 4.06,
[01:16:43.000 --> 01:16:47.000]  14.06 Texas Code of Criminal Procedure,
[01:16:47.000 --> 01:16:52.000]  the arresting officer is required to take the person directly.
[01:16:52.000 --> 01:16:54.000]  Okay, Randy, I'm going to have to do it again.
[01:16:54.000 --> 01:16:57.000]  I swear this time I'm right, though.
[01:16:57.000 --> 01:16:59.000]  So it's rule of law radio.
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[01:19:00.000 --> 01:19:27.000]  This is the Logos Radio Network.
[01:19:27.000 --> 01:19:37.000]  We are back, Rule of Law Radio, Randy Kelton, the attack.
[01:19:37.000 --> 01:19:41.000]  All right, go ahead, Ken, team you, I won't catch you off this, Tom.
[01:19:41.000 --> 01:19:46.000]  Okay, 14.06 Texas Code of Criminal Procedure.
[01:19:46.000 --> 01:19:51.000]  You're going to have something similar in California.
[01:19:51.000 --> 01:19:59.000]  There has to be a provision authorizing a police officer to arrest for an on-site offense.
[01:19:59.000 --> 01:20:05.000]  And according to the federal requirements, you must be taken before a magistrate.
[01:20:05.000 --> 01:20:14.000]  All of the states except three adopted the model penal code put out by the,
[01:20:14.000 --> 01:20:18.000]  I think it was put out by the American Bar.
[01:20:18.000 --> 01:20:26.000]  And they ask all the states to adopt this model code so that everybody's code would be similar,
[01:20:26.000 --> 01:20:33.000]  so that if you go from one state to another, you can be pretty sure if you're in compliance with law or not.
[01:20:33.000 --> 01:20:39.000]  So most anything that I have here in Texas, you'll have something similar in California.
[01:20:39.000 --> 01:20:44.000]  And what 14.06B says, a peace officer who is charging a person, including a child,
[01:20:44.000 --> 01:20:52.000]  with committing an offense that is a class A misdemeanor other than an offense under section 4902 penal code,
[01:20:52.000 --> 01:20:55.000]  may instead of taking the person before a magistrate,
[01:20:55.000 --> 01:21:03.000]  issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate,
[01:21:03.000 --> 01:21:07.000]  the name and address of the person charged, the offense charged,
[01:21:07.000 --> 01:21:16.000]  and the following admonishment in bold-faced and underlined type if you are convicted of a misdemeanor offense involving violence.
[01:21:16.000 --> 01:21:19.000]  I won't go into all that stuff.
[01:21:19.000 --> 01:21:28.000]  Okay, 14.03 requires that if a peace officer arrests you, I'm sorry, 14.06A.
[01:21:28.000 --> 01:21:32.000]  14.06A says if a peace officer arrests someone for any reason,
[01:21:32.000 --> 01:21:38.000]  they are to take them directly to the nearest magistrate for an examining trial.
[01:21:38.000 --> 01:21:50.000]  While in Gerstein Pugh, it says that an arrest for most people is a traumatic experience.
[01:21:50.000 --> 01:21:55.000]  And while it would be better that all arrests be made on an existing warrant,
[01:21:55.000 --> 01:22:01.000]  it is a reasonable compromise to authorize an officer to arrest for an on-site offense.
[01:22:01.000 --> 01:22:06.000]  And while the officer has authority to make the arrest,
[01:22:06.000 --> 01:22:17.000]  I'm sorry, to hold the person for a reasonable amount of time in order to do those things concurrent with arrest
[01:22:17.000 --> 01:22:25.000]  in order to ensure the safety of the arrestee and prevent escape.
[01:22:25.000 --> 01:22:33.000]  Once those goals are accomplished, the authority of the officer to hold evaporates.
[01:22:33.000 --> 01:22:39.000]  He must get the person before a magistrate for an examining trial,
[01:22:39.000 --> 01:22:45.000]  and the magistrate must make a determination of probable cause that a classy misdemeanor,
[01:22:45.000 --> 01:22:53.000]  they can have you sign a promise to appear before that magistrate for the purpose of the examining trial,
[01:22:53.000 --> 01:22:59.000]  not to enter a plea. Enter a plea in Texas.
[01:22:59.000 --> 01:23:01.000]  It's an arraignment hearing.
[01:23:01.000 --> 01:23:08.000]  An arraignment hearing under Texas Code of Criminal Procedure 2601
[01:23:08.000 --> 01:23:14.000]  is a hearing for the purpose of determining the accused identity and taking a plea.
[01:23:14.000 --> 01:23:16.000]  That's an arraignment hearing.
[01:23:16.000 --> 01:23:31.000]  However, 2602, an arraignment hearing can be ordered in a felony offense after indictment
[01:23:31.000 --> 01:23:37.000]  or a misdemeanor offense punishable by imprisonment.
[01:23:37.000 --> 01:23:46.000]  So the legislature specifically excluded an arraignment in class C misdemeanors.
[01:23:46.000 --> 01:23:59.000]  So what are they ordering you to appear to court for? Under what authority?
[01:23:59.000 --> 01:24:10.000]  This goes to the presumption that you, as the master of the servant, can do anything you want to
[01:24:10.000 --> 01:24:18.000]  unless you, in conjunction with the other masters, have grouped together
[01:24:18.000 --> 01:24:25.000]  and had your legislature pass laws that specifically restrict you in certain rights.
[01:24:25.000 --> 01:24:31.000]  We've agreed that we won't allow one another to kill each other, to steal from each other,
[01:24:31.000 --> 01:24:33.000]  and various other things.
[01:24:33.000 --> 01:24:41.000]  Anything that you are not specifically forbidden to do, you may do as your right.
[01:24:41.000 --> 01:24:46.000]  A public official, on the other hand, may not do anything
[01:24:46.000 --> 01:24:52.000]  unless the law specifically authorizes him to do so.
[01:24:52.000 --> 01:24:59.000]  So the question is, the one I posed to the federal court today, or yesterday,
[01:24:59.000 --> 01:25:01.000]  will you have to take that to a prosecutor?
[01:25:01.000 --> 01:25:05.000]  And I asked the clerk, well, where did you come up with that?
[01:25:05.000 --> 01:25:08.000]  I can't find that law anywhere.
[01:25:08.000 --> 01:25:14.000]  And he just stood there and looked at me like, duh, I never thought of that.
[01:25:14.000 --> 01:25:19.000]  So yeah, you can only do what the law specifically authorizes.
[01:25:19.000 --> 01:25:31.000]  So, John, where did the court get authority to do what it did?
[01:25:31.000 --> 01:25:32.000]  They don't.
[01:25:32.000 --> 01:25:36.000]  Yeah, you don't want to hear this, well, that's policy.
[01:25:36.000 --> 01:25:39.000]  Well, you can use your policy for toilet paper, Bubba.
[01:25:39.000 --> 01:25:44.000]  I just filed against the Texas Ranger for following policy.
[01:25:44.000 --> 01:25:51.000]  You file a policy, I'll file a law, we'll see how this works out for you guys.
[01:25:51.000 --> 01:25:58.000]  Yeah, well, I'm right on him in it.
[01:25:58.000 --> 01:25:59.000]  Go ahead.
[01:25:59.000 --> 01:26:01.000]  Go ahead, Randy.
[01:26:01.000 --> 01:26:04.000]  I said I'm right on him and I'm going to stay on him because I think I got a great case.
[01:26:04.000 --> 01:26:07.000]  It's just a telephone.
[01:26:07.000 --> 01:26:12.000]  He accused me of allegedly being on the phone when I wasn't.
[01:26:12.000 --> 01:26:14.000]  But anyway, I'm right on him.
[01:26:14.000 --> 01:26:16.000]  I'm right on him and I'm going to stay on him.
[01:26:16.000 --> 01:26:19.000]  I've done this before and listening to you guys is a great help.
[01:26:19.000 --> 01:26:20.000]  Oh, wait a minute.
[01:26:20.000 --> 01:26:23.000]  He accused you of being on the cell phone?
[01:26:23.000 --> 01:26:25.000]  He accused me of being on the cell phone.
[01:26:25.000 --> 01:26:29.000]  I showed him my log and I said that he verified the times and said, hey, here's the times.
[01:26:29.000 --> 01:26:33.000]  I said, look, my last call came in unanswered because I was driving.
[01:26:33.000 --> 01:26:34.000]  I said, it tells you right there.
[01:26:34.000 --> 01:26:35.000]  I said, what time did it come in?
[01:26:35.000 --> 01:26:36.000]  And he verified the time.
[01:26:36.000 --> 01:26:37.000]  He goes, yep.
[01:26:37.000 --> 01:26:39.000]  And he verified the time he called it in.
[01:26:39.000 --> 01:26:42.000]  I said, just one minute now after.
[01:26:42.000 --> 01:26:46.000]  And I was on the cell phone.
[01:26:46.000 --> 01:26:49.000]  And so he says, well, explain it to the judge.
[01:26:49.000 --> 01:26:51.000]  I said, I will explain it to the judge.
[01:26:51.000 --> 01:26:54.000]  So I'm not going to argue with you either.
[01:26:54.000 --> 01:27:01.000]  So he had knowledge when he wrote the citation that the citation was invalid.
[01:27:01.000 --> 01:27:04.000]  Absolutely. Absolutely.
[01:27:04.000 --> 01:27:15.000]  You can do tampering, perjury, facial oppression, or in California it will be official misconduct.
[01:27:15.000 --> 01:27:22.000]  They don't realize how these things stack up if somebody pays attention to law.
[01:27:22.000 --> 01:27:25.000]  I suspect my judge just got no-billed yesterday.
[01:27:25.000 --> 01:27:27.000]  I hadn't talked to the prosecutor yet.
[01:27:27.000 --> 01:27:36.000]  He had a bet they would touch me and I charged him with first degree felony aggravated assault.
[01:27:36.000 --> 01:27:39.000]  You want to play hardball, bubba?
[01:27:39.000 --> 01:27:47.000]  I introduce you to the deep end of the pool because they don't realize, they don't read their own codes.
[01:27:47.000 --> 01:27:52.000]  So they don't understand how serious it can get.
[01:27:52.000 --> 01:27:55.000]  And it's your job to introduce them to that.
[01:27:55.000 --> 01:27:59.000]  And I said earlier, some of these judges don't even know what the heck the law is.
[01:27:59.000 --> 01:28:00.000]  They don't even understand.
[01:28:00.000 --> 01:28:03.000]  They don't even know it themselves.
[01:28:03.000 --> 01:28:07.000]  Yeah. And if they don't know what the law is, they're screwed.
[01:28:07.000 --> 01:28:12.000]  Are you familiar with Screws VUS?
[01:28:12.000 --> 01:28:14.000]  No.
[01:28:14.000 --> 01:28:19.000]  Write it down, Screws VUS, and look it up.
[01:28:19.000 --> 01:28:25.000]  I read that and almost couldn't believe what I saw.
[01:28:25.000 --> 01:28:36.000]  If a public official violates a ruling of this court and he be sane, he may not be heard to say he knows not what he does.
[01:28:36.000 --> 01:28:42.000]  The first question I want to ask the officer when I get him on the stand, are you insane?
[01:28:42.000 --> 01:28:44.000]  Objection, objection.
[01:28:44.000 --> 01:28:47.000]  Then I bring up Screws.
[01:28:47.000 --> 01:28:52.000]  And every time that one, I got the objection overruled.
[01:28:52.000 --> 01:28:56.000]  I need to know he's not insane so I can hold him to the rule of law.
[01:28:56.000 --> 01:29:02.000]  Not only did they say you have to know the law concerning your profession,
[01:29:02.000 --> 01:29:10.000]  you have to know all of the court cases concerning your exercise of your authority.
[01:29:10.000 --> 01:29:15.000]  That's why I was so surprised at what I saw in Screws.
[01:29:15.000 --> 01:29:18.000]  You really need to look that one up.
[01:29:18.000 --> 01:29:20.000]  It's a wonderful case.
[01:29:20.000 --> 01:29:25.000]  It's a 1943 case and it is still good law.
[01:29:25.000 --> 01:29:28.000]  Okay, we're about to go to another break.
[01:29:28.000 --> 01:29:30.000]  Do we have anything else for you, John?
[01:29:30.000 --> 01:29:32.000]  No, you've been very helpful.
[01:29:32.000 --> 01:29:35.000]  Thank you so much and you guys have a beautiful weekend.
[01:29:35.000 --> 01:29:37.000]  Okay, you too.
[01:29:37.000 --> 01:29:39.000]  And I'll keep listening to you guys.
[01:29:39.000 --> 01:29:41.000]  Okay, thank you.
[01:29:41.000 --> 01:29:42.000]  Okay, Beth.
[01:29:42.000 --> 01:29:43.000]  Got it.
[01:29:43.000 --> 01:29:44.000]  This is the rule of law radio.
[01:29:44.000 --> 01:29:46.000]  This is the Randy Kelton Vet Pack.
[01:29:46.000 --> 01:29:50.000]  Call us at 512-646-1984.
[01:29:50.000 --> 01:29:52.000]  We'll be right back.
[01:29:52.000 --> 01:30:15.000]  We'll be right back.
[01:30:15.000 --> 01:30:17.000]  Privacy is under attack.
[01:30:17.000 --> 01:30:22.000]  If you give up data about yourself, you'll never get it back again and once your privacy is gone,
[01:30:22.000 --> 01:30:25.000]  you'll find your freedoms will start to vanish too.
[01:30:25.000 --> 01:30:30.000]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:30.000 --> 01:30:33.000]  Privacy, it's worth hanging on to.
[01:30:33.000 --> 01:30:36.000]  This public service announcement is brought to you by StartPage.com,
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[01:30:44.000 --> 01:30:47.000]  It's lean, it's trendy and it isn't half bad.
[01:30:47.000 --> 01:30:51.000]  Goat meat, it's fall off the fork tender and buttery when it's properly marinated
[01:30:51.000 --> 01:30:54.000]  and grilled or braised and it's not gamey.
[01:30:54.000 --> 01:30:58.000]  In fact, some gourmets say goat meat is perhaps the most flavorful meat on the planet.
[01:30:58.000 --> 01:31:02.000]  Word's gotten out and goat meat, also called chevonne or cabrillo,
[01:31:02.000 --> 01:31:06.000]  is finding its way to the menus of high-end U.S. restaurants
[01:31:06.000 --> 01:31:08.000]  and it may soon be at your local grocery store.
[01:31:08.000 --> 01:31:10.000]  Goat meat may be new to Americans,
[01:31:10.000 --> 01:31:13.000]  but it's long been considered a staple of third world countries.
[01:31:13.000 --> 01:31:18.000]  In fact, it's estimated that 63% of red meat consumed in the world is goat meat.
[01:31:18.000 --> 01:31:20.000]  No kidding.
[01:31:20.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:49.000]  Thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm the father who lost his son.
[01:31:55.000 --> 01:31:58.000]  We're Americans and we deserve the truth.
[01:31:58.000 --> 01:32:01.000]  Go to RememberBuilding7.org today.
[01:32:01.000 --> 01:32:03.000]  Hey, it's Danny here for Hill Country Home Improvements.
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[01:32:06.000 --> 01:32:09.000]  Come on, we all know the government caused it with their chemtrails,
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[01:32:40.000 --> 01:32:45.000]  and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.000 --> 01:32:50.000]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.000 --> 01:32:56.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.000 --> 01:32:58.000]  Discounts are based on full roof replacement.
[01:32:58.000 --> 01:33:02.000]  I mean, I'd actually be kidding about chemtrails.
[01:33:02.000 --> 01:33:04.000]  Looking for some truth?
[01:33:04.000 --> 01:33:05.000]  You found it.
[01:33:05.000 --> 01:33:26.000]  Logosradionetwork.com.
[01:33:26.000 --> 01:33:30.000]  You're listening to Rule of Law Radio with Randy Kilton, Vet Pack.
[01:33:30.000 --> 01:33:33.000]  We are back, and we want to talk to Debra.
[01:33:33.000 --> 01:33:34.000]  We've got Debra from Texas.
[01:33:34.000 --> 01:33:37.000]  Debra, what's going on with you?
[01:33:37.000 --> 01:33:39.000]  Hi.
[01:33:39.000 --> 01:33:40.000]  Hi.
[01:33:40.000 --> 01:33:42.000]  Hi, this is Debra.
[01:33:42.000 --> 01:33:44.000]  Are you there?
[01:33:44.000 --> 01:33:46.000]  Go right ahead.
[01:33:46.000 --> 01:33:47.000]  Okay.
[01:33:47.000 --> 01:33:48.000]  Hi, Randy.
[01:33:48.000 --> 01:33:56.000]  I had filed a quiet title action on April the 4th, and I had filed that because there was,
[01:33:56.000 --> 01:34:03.000]  what do you call it, like the statute of limitations had ran out on my quiet title.
[01:34:03.000 --> 01:34:08.000]  I've been emailing you, so I'm the one that you probably have seen the email from.
[01:34:08.000 --> 01:34:14.000]  But anyway, so I have met, so I filed the quiet title.
[01:34:14.000 --> 01:34:22.000]  I waited my 20 days, which was actually 21 days, and the bank filed, they didn't file an answer.
[01:34:22.000 --> 01:34:30.000]  And then it's been another 27 or 28 days since that, and they still haven't filed an answer.
[01:34:30.000 --> 01:34:37.000]  And then I went, I tried to go to court like three times or four times to meet with different judges,
[01:34:37.000 --> 01:34:44.000]  and every one of them has an excuse why they won't file or why they won't sign my default judgment.
[01:34:44.000 --> 01:34:51.000]  And the court that I'm assigned to, I actually went there on Thursday here in Denton County,
[01:34:51.000 --> 01:34:59.000]  and they told me, he told me, he said, let me have your phone number.
[01:34:59.000 --> 01:35:06.000]  And he says, when I get some downtime, I will read over your order and your case.
[01:35:06.000 --> 01:35:11.000]  He said, but I, he says, it doesn't mean I'm going to rule for you.
[01:35:11.000 --> 01:35:13.000]  It just means I'm going to look it over.
[01:35:13.000 --> 01:35:19.000]  And he said, also, let's say there was something else.
[01:35:19.000 --> 01:35:26.000]  He said he would have his administrator call me the next day and let me know what he decided.
[01:35:26.000 --> 01:35:36.000]  So, you know, it's kind of a cut and dry default judgment, and he never did, you know, sign it.
[01:35:36.000 --> 01:35:42.000]  So anyway, so I got home and I checked to make sure that some other documents
[01:35:42.000 --> 01:35:44.000]  that I had filed in the case were online.
[01:35:44.000 --> 01:35:47.000]  And then all of a sudden, when I go online,
[01:35:47.000 --> 01:36:00.000]  I see that suddenly there's now an attorney assigned to the case, and he's filed an answer.
[01:36:00.000 --> 01:36:07.000]  And it's been, they should have filed their answer by April the 28th, and they didn't.
[01:36:07.000 --> 01:36:09.000]  Okay. Here's the deal.
[01:36:09.000 --> 01:36:10.000]  Yeah.
[01:36:10.000 --> 01:36:21.000]  The vast majority of all default judgments are overturned and for one primary reason, lack of notice.
[01:36:21.000 --> 01:36:31.000]  So you come in as a pro se litigant, and you hand a notice, a petition for default judgment to the judge.
[01:36:31.000 --> 01:36:39.000]  The first thing he's going to say, did this pro se litigant give proper notice?
[01:36:39.000 --> 01:36:43.000]  Do you have the signed green card?
[01:36:43.000 --> 01:36:47.000]  Yeah, the clerk served them.
[01:36:47.000 --> 01:36:52.000]  I paid the extra money to have them do it, to have the district clerk serve them.
[01:36:52.000 --> 01:36:55.000]  Oh, wonderful, wonderful.
[01:36:55.000 --> 01:37:02.000]  What he wanted to do probably was check all the facts to make sure everything was in order.
[01:37:02.000 --> 01:37:10.000]  Now, if you were a lawyer that's been in front of him a hundred times, and you hand him this default judgment,
[01:37:10.000 --> 01:37:12.000]  he's just going to sign it.
[01:37:12.000 --> 01:37:18.000]  Because if you screw with him as a lawyer, he can wind your clock,
[01:37:18.000 --> 01:37:22.000]  and he pretty well knows who will mess around and who doesn't.
[01:37:22.000 --> 01:37:25.000]  But since he doesn't know you, he probably wanted to check.
[01:37:25.000 --> 01:37:27.000]  And the reason there's an answer in there,
[01:37:27.000 --> 01:37:33.000]  is he probably had his coordinator contact these people and say, well, you probably know this.
[01:37:33.000 --> 01:37:38.000]  And then they did some, oh, my goodness, we screwed up.
[01:37:38.000 --> 01:37:41.000]  But sorry, Baba, too late.
[01:37:41.000 --> 01:37:46.000]  They filed an answer, you file a motion to strike the answer.
[01:37:46.000 --> 01:37:48.000]  Okay.
[01:37:48.000 --> 01:37:53.000]  Yeah, so it was the judge being reasonable.
[01:37:53.000 --> 01:38:02.000]  And since the court actually served, they can't claim they didn't get service.
[01:38:02.000 --> 01:38:11.000]  So what they are likely to claim is excusable error.
[01:38:11.000 --> 01:38:14.000]  But you didn't file the next day.
[01:38:14.000 --> 01:38:16.000]  You didn't file on the 22nd day.
[01:38:16.000 --> 01:38:19.000]  You waited a while.
[01:38:19.000 --> 01:38:27.000]  So it's going to be very difficult for them to justify excusable error.
[01:38:27.000 --> 01:38:39.000]  Is there anything I can do to make sure that they don't try to prevent me from getting my default judgment?
[01:38:39.000 --> 01:38:44.000]  This answer is an attempt to prevent you from getting your default judgment.
[01:38:44.000 --> 01:38:49.000]  File a motion to strike. The answer is untimely.
[01:38:49.000 --> 01:38:53.000]  Okay.
[01:38:53.000 --> 01:38:58.000]  The courts don't like default judgments.
[01:38:58.000 --> 01:39:08.000]  They don't like to rule against a party without the party having opportunity to mount a defense.
[01:39:08.000 --> 01:39:19.000]  But if a party doesn't take the court seriously and lets his time run, you have a right to the default judgment.
[01:39:19.000 --> 01:39:29.000]  So whatever they do, keep in mind your only purpose in the trial court is to set the record for appeal.
[01:39:29.000 --> 01:39:41.000]  If you've got a dead bang on limitations, this would actually go to laches.
[01:39:41.000 --> 01:39:49.000]  Maybe not. Laches is where you have a right and you sit on your right.
[01:39:49.000 --> 01:39:57.000]  But one thing that's included with the laches, if you claim laches, you have to be able to show that your situation changed
[01:39:57.000 --> 01:40:01.000]  when the other person didn't exercise it right.
[01:40:01.000 --> 01:40:08.000]  But that's kind of an aside. You have a right to the default judgment because they were not timely
[01:40:08.000 --> 01:40:11.000]  and they would have to show excusable error.
[01:40:11.000 --> 01:40:18.000]  And about the only excusable error is that it was served in the wrong place or to the wrong party.
[01:40:18.000 --> 01:40:26.000]  But if they served it to a law firm that purportedly represented the client or they served it to the client itself,
[01:40:26.000 --> 01:40:30.000]  then they can hardly make that claim.
[01:40:30.000 --> 01:40:41.000]  The fact that the court, that the marshals or the constables served it does not perfect the service
[01:40:41.000 --> 01:40:46.000]  because the constables can screw up.
[01:40:46.000 --> 01:40:56.000]  And you can't hold the client or the defendant responsible for a screw up on a part of the court.
[01:40:56.000 --> 01:41:00.000]  I don't like constables doing my service for me.
[01:41:00.000 --> 01:41:05.000]  Well, they did at USBS with a certified mail green card.
[01:41:05.000 --> 01:41:07.000]  That's the way I like it done.
[01:41:07.000 --> 01:41:17.000]  Okay, so if they did a USBS, where the court may not trust a particular constable, they do trust the US mail.
[01:41:17.000 --> 01:41:19.000]  Yeah.
[01:41:19.000 --> 01:41:30.000]  So anytime you have them serve, you should also serve just to make sure because a lot of times you'll notice you get one,
[01:41:30.000 --> 01:41:35.000]  you get a copy regular mail and a copy and certified mail.
[01:41:35.000 --> 01:41:38.000]  You know why that happens?
[01:41:38.000 --> 01:41:39.000]  Why?
[01:41:39.000 --> 01:41:52.000]  The reason that happens is the court may say, well, it's possible that the US mail screwed up once, but not twice,
[01:41:52.000 --> 01:41:56.000]  not two times on the same address.
[01:41:56.000 --> 01:41:58.000]  Never happened.
[01:41:58.000 --> 01:42:03.000]  The mail, the US mail does screw up on occasion.
[01:42:03.000 --> 01:42:07.000]  UPS or any of them will screw up on occasion, but it's rare.
[01:42:07.000 --> 01:42:15.000]  So if you send two of them, send them in separate ways, one uncertified, one regular mail,
[01:42:15.000 --> 01:42:17.000]  the court's going to say they might have missed one.
[01:42:17.000 --> 01:42:19.000]  They're not going to miss both.
[01:42:19.000 --> 01:42:21.000]  So they'd have to prove they didn't get it.
[01:42:21.000 --> 01:42:23.000]  So that's why you get two.
[01:42:23.000 --> 01:42:27.000]  Well, the statute of limitations was up on the collection and all of that stuff anyway.
[01:42:27.000 --> 01:42:33.000]  So, you know, for them to hire an attorney here at the last minute was kind of like, you know,
[01:42:33.000 --> 01:42:38.000]  throwing good money after bad, basically, because there should be no way that they could win
[01:42:38.000 --> 01:42:42.000]  when the statute of limitations is out.
[01:42:42.000 --> 01:42:44.000]  Let me make a suggestion.
[01:42:44.000 --> 01:42:46.000]  The letter of acceleration.
[01:42:46.000 --> 01:42:49.000]  Yeah, you might bar grieve the lawyers.
[01:42:49.000 --> 01:42:51.000]  Look at their answer.
[01:42:51.000 --> 01:42:54.000]  You move to strike the answer.
[01:42:54.000 --> 01:43:03.000]  But look to see if there is anything in the answer that would have the appearance
[01:43:03.000 --> 01:43:09.000]  of failing to speak with candor to the court.
[01:43:09.000 --> 01:43:13.000]  Data get a lawyer hammered pretty often.
[01:43:13.000 --> 01:43:21.000]  May the 19th, the federal court just hammered the US attorneys big time
[01:43:21.000 --> 01:43:23.000]  over an internal revenue issue.
[01:43:23.000 --> 01:43:31.000]  The federal judge ordered that every US attorney in the Fifth Circuit
[01:43:31.000 --> 01:43:36.000]  take a three-hour course every year in ethics
[01:43:36.000 --> 01:43:39.000]  and ordered that it be an in-person course.
[01:43:39.000 --> 01:43:43.000]  It can't be done over the internet.
[01:43:43.000 --> 01:43:44.000]  Bet.
[01:43:44.000 --> 01:43:46.000]  Randy, we're about to have a take break.
[01:43:46.000 --> 01:43:48.000]  Here we go.
[01:43:48.000 --> 01:43:49.000]  It's Roll-A-Law Radio.
[01:43:49.000 --> 01:43:52.000]  You're listening to Randy Kelton's Bet Pack.
[01:43:52.000 --> 01:43:56.000]  Call us at 512-646-1984.
[01:43:56.000 --> 01:44:00.000]  We'll be right back.
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[01:44:25.000 --> 01:44:29.000]  Unfortunately, that puts most Americans at risk of catching stupidity.
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[01:46:01.000 --> 01:46:29.000]  We are back with Rule of Law Radio.
[01:46:29.000 --> 01:46:35.000]  Randy Kelton, Vet Pack, and we're listening to Debra from Texas.
[01:46:35.000 --> 01:46:39.000]  Debra, was there anything else that you needed some help with?
[01:46:39.000 --> 01:46:40.000]  Oh, yes.
[01:46:40.000 --> 01:46:42.000]  Yeah, I had one more thing.
[01:46:42.000 --> 01:46:46.000]  Randy, what do you think about me filing an SDCPA lawsuit against the bank
[01:46:46.000 --> 01:46:55.000]  and the attorney for, like, trying to collect on an unenforceable debt?
[01:46:55.000 --> 01:47:00.000]  I think that's a great idea, but I wouldn't do it yet.
[01:47:00.000 --> 01:47:01.000]  Okay.
[01:47:01.000 --> 01:47:07.000]  Wait to let them never interfere with someone when they're screwing up.
[01:47:07.000 --> 01:47:10.000]  Okay.
[01:47:10.000 --> 01:47:16.000]  Let them dig a little deeper hole for themselves.
[01:47:16.000 --> 01:47:20.000]  I would go ahead and adjudicate the quiet title.
[01:47:20.000 --> 01:47:23.000]  That's a nice pawn move.
[01:47:23.000 --> 01:47:32.000]  And what you can expect them to do is file a removal to the federal court.
[01:47:32.000 --> 01:47:35.000]  Are you in Dallas?
[01:47:35.000 --> 01:47:39.000]  Are you in the Dallas side or Tarrant County side?
[01:47:39.000 --> 01:47:41.000]  I'm in Denton County.
[01:47:41.000 --> 01:47:42.000]  Oh, Denton County.
[01:47:42.000 --> 01:47:43.000]  Oh, okay.
[01:47:43.000 --> 01:47:44.000]  Yeah.
[01:47:44.000 --> 01:47:46.000]  I haven't annoyed Denton County in a long time.
[01:47:46.000 --> 01:47:54.000]  That'll put you in the Dallas side of the federal court.
[01:47:54.000 --> 01:47:56.000]  Yeah, and it may get better.
[01:47:56.000 --> 01:48:04.000]  I just filed criminal charges against a federal judge in Tarrant County
[01:48:04.000 --> 01:48:09.000]  for dismissing my quiet title action.
[01:48:09.000 --> 01:48:16.000]  They removed it to the federal court and I maintained he had no jurisdiction.
[01:48:16.000 --> 01:48:19.000]  I filed a challenge, subject matter jurisdiction.
[01:48:19.000 --> 01:48:22.000]  The other side filed a Rule 12.
[01:48:22.000 --> 01:48:27.000]  Before the other side answered my subject matter jurisdiction challenge,
[01:48:27.000 --> 01:48:30.000]  the judge dismissed the Rule 12.
[01:48:30.000 --> 01:48:34.000]  He dismissed onto Rule 12 his prejudice.
[01:48:34.000 --> 01:48:36.000]  Got him.
[01:48:36.000 --> 01:48:40.000]  He stepped right across the line, so I've nailed him.
[01:48:40.000 --> 01:48:45.000]  And this is likely to kind of reverberate through the courts.
[01:48:45.000 --> 01:48:48.000]  They're not used to somebody coming after them criminally.
[01:48:48.000 --> 01:48:52.000]  So you might get them listening a little more.
[01:48:52.000 --> 01:49:02.000]  And I would certainly look at these guys if they fail to speak with candor to the court,
[01:49:02.000 --> 01:49:09.000]  for instance, if they make a claim that's not valid or not supported by the facts,
[01:49:09.000 --> 01:49:13.000]  bar grievance immediately.
[01:49:13.000 --> 01:49:16.000]  What'll wind up happening after two or three bar grievances,
[01:49:16.000 --> 01:49:19.000]  you'll find you get another law firm.
[01:49:19.000 --> 01:49:23.000]  Because this law firm says, man, I'm out of here.
[01:49:23.000 --> 01:49:26.000]  She's kicking my behind.
[01:49:26.000 --> 01:49:28.000]  So they split and hire another law firm,
[01:49:28.000 --> 01:49:32.000]  which is going to cost them two or three times as much.
[01:49:32.000 --> 01:49:33.000]  Oh, wow.
[01:49:33.000 --> 01:49:38.000]  So you wouldn't recommend me sending him a notice of intent to sue
[01:49:38.000 --> 01:49:42.000]  because he's violating FDCPA stuff?
[01:49:42.000 --> 01:49:44.000]  No, not yet.
[01:49:44.000 --> 01:49:48.000]  At FDCPA, you don't have to give him a tort letter.
[01:49:48.000 --> 01:49:50.000]  Okay.
[01:49:50.000 --> 01:49:54.000]  You can sue him directly, but I wouldn't do it yet.
[01:49:54.000 --> 01:49:57.000]  He probably hadn't screwed up enough yet.
[01:49:57.000 --> 01:49:59.000]  Well, I was hoping they would withdraw
[01:49:59.000 --> 01:50:03.000]  and the judge would just go ahead and sign the order, ideally.
[01:50:03.000 --> 01:50:06.000]  Yeah.
[01:50:06.000 --> 01:50:10.000]  You're in a position where you may actually get your default.
[01:50:10.000 --> 01:50:12.000]  I certainly wouldn't poke this bearer.
[01:50:12.000 --> 01:50:18.000]  I wouldn't stir things up until we get a ruling from the judge.
[01:50:18.000 --> 01:50:19.000]  Okay.
[01:50:19.000 --> 01:50:23.000]  If the judge rules against you, then you could file an appeal.
[01:50:23.000 --> 01:50:28.000]  You can bar grieve the lawyers, just land on them with both feet.
[01:50:28.000 --> 01:50:33.000]  And depending on what the answer, what their answer says,
[01:50:33.000 --> 01:50:37.000]  you may be able to go after them for that.
[01:50:37.000 --> 01:50:44.000]  Question, how did you calculate the statute of limitations?
[01:50:44.000 --> 01:50:47.000]  After the letter, four years after the letter,
[01:50:47.000 --> 01:50:49.000]  the date of the letter of acceleration.
[01:50:49.000 --> 01:50:51.000]  Perfect, perfect.
[01:50:51.000 --> 01:50:55.000]  A lot of folks think when you stop paying the mortgages,
[01:50:55.000 --> 01:50:59.000]  when the clock starts, but no, you are exactly right.
[01:50:59.000 --> 01:51:02.000]  When they file a notice of intent to foreclose,
[01:51:02.000 --> 01:51:05.000]  that starts the clock and they cannot un-stop it
[01:51:05.000 --> 01:51:10.000]  unless they do a modification or stuff and re-estate the loan.
[01:51:10.000 --> 01:51:15.000]  What happens is, is they run out of time and then they file,
[01:51:15.000 --> 01:51:19.000]  they try to come back and foreclose anyway.
[01:51:19.000 --> 01:51:23.000]  We had one, I have a friend that was a HELOC loan,
[01:51:23.000 --> 01:51:27.000]  so they went to the court and they got an order
[01:51:27.000 --> 01:51:31.000]  authorizing them to foreclose.
[01:51:31.000 --> 01:51:34.000]  Well, I had filed a petition and intervention,
[01:51:34.000 --> 01:51:36.000]  and this is the same judge I just filed,
[01:51:36.000 --> 01:51:38.000]  first degree felony aggravated assault against.
[01:51:38.000 --> 01:51:40.000]  He hates me.
[01:51:40.000 --> 01:51:43.000]  So I came in with a challenge subject matter jurisdiction
[01:51:43.000 --> 01:51:45.000]  and a petition and intervention,
[01:51:45.000 --> 01:51:47.000]  because I had a mechanic's lien on the property
[01:51:47.000 --> 01:51:49.000]  and he threw me out of the court.
[01:51:49.000 --> 01:51:51.000]  He ordered me behind the bar,
[01:51:51.000 --> 01:51:55.000]  so instead of just going into the gallery,
[01:51:55.000 --> 01:51:57.000]  I walked out of the courtroom and as I'm leaving,
[01:51:57.000 --> 01:52:00.000]  I turned and looked back and this young little smart mouth
[01:52:00.000 --> 01:52:03.000]  little lawyer is looking at me leaving the courtroom
[01:52:03.000 --> 01:52:07.000]  and he's got a really disturbed look on his face.
[01:52:07.000 --> 01:52:12.000]  He got his ruling, but he knew it was garbage.
[01:52:12.000 --> 01:52:15.000]  So he didn't do anything with it.
[01:52:15.000 --> 01:52:20.000]  A week after the two years they had to evict was up,
[01:52:20.000 --> 01:52:22.000]  another lawyer picked up the case
[01:52:22.000 --> 01:52:31.000]  and filed another petition for expedited foreclosure.
[01:52:31.000 --> 01:52:33.000]  See, they tried to start it all over again
[01:52:33.000 --> 01:52:35.000]  and restart the clock.
[01:52:35.000 --> 01:52:36.000]  Yeah.
[01:52:36.000 --> 01:52:42.000]  Not the judge had already issued an order in the case.
[01:52:42.000 --> 01:52:48.000]  30 days after he issued the order, he lost plenary jurisdiction.
[01:52:48.000 --> 01:52:50.000]  That goes to collateral estoppel.
[01:52:50.000 --> 01:52:53.000]  They can't come back.
[01:52:53.000 --> 01:52:54.000]  Yeah.
[01:52:54.000 --> 01:52:58.000]  In your case, the collateral has stopped from trying to close.
[01:52:58.000 --> 01:52:59.000]  Right.
[01:52:59.000 --> 01:53:01.000]  Well, the reason that I had started doing, you know,
[01:53:01.000 --> 01:53:05.000]  trying to find out who owns my note and all that kind of stuff,
[01:53:05.000 --> 01:53:09.000]  which got me to where I'm at now, my sister had bought,
[01:53:09.000 --> 01:53:13.000]  up in Bonham she had bought some acreage,
[01:53:13.000 --> 01:53:16.000]  and she financed it, she made all her payments,
[01:53:16.000 --> 01:53:20.000]  and then when she made her last payment a couple of months later,
[01:53:20.000 --> 01:53:23.000]  she gets a letter in the mail from somebody claiming to be an investor,
[01:53:23.000 --> 01:53:28.000]  and they told her that now that she's paid the bank off,
[01:53:28.000 --> 01:53:34.000]  she has to pay them, and that none of that money basically went to them,
[01:53:34.000 --> 01:53:38.000]  and so now she has to pay them, and they gave her like 10 days
[01:53:38.000 --> 01:53:44.000]  to pay them like $25,000, or they were going to foreclose on her property,
[01:53:44.000 --> 01:53:48.000]  and so I was like, oh my God, my note, you know.
[01:53:48.000 --> 01:53:50.000]  Did she have a title company?
[01:53:50.000 --> 01:53:53.000]  She's passed away, yeah, I don't know, I don't know what she did,
[01:53:53.000 --> 01:53:56.000]  but I do know she went and borrowed money to pay them,
[01:53:56.000 --> 01:54:02.000]  but that's how I got into, she's passed away since then,
[01:54:02.000 --> 01:54:09.000]  but she, you know, she was like really shocked that, you know,
[01:54:09.000 --> 01:54:12.000]  how all the banks and everybody has gone through all that mortgage fraud,
[01:54:12.000 --> 01:54:16.000]  and I think a lot of people are going to be looking at,
[01:54:16.000 --> 01:54:24.000]  see I hired a investigator, and he found out that I had,
[01:54:24.000 --> 01:54:28.000]  that they had made 76 copies of my note,
[01:54:28.000 --> 01:54:32.000]  and he held it off 76 times for the derivative,
[01:54:32.000 --> 01:54:35.000]  and so who, you know, who do I pay?
[01:54:35.000 --> 01:54:39.000]  Who's the right person?
[01:54:39.000 --> 01:54:44.000]  So 76, was he able to trace them down?
[01:54:44.000 --> 01:54:46.000]  Yeah, I've got them.
[01:54:46.000 --> 01:54:48.000]  I've got copies of them.
[01:54:48.000 --> 01:54:53.000]  I've got Bloomberg printouts of everything, and got all that here.
[01:54:53.000 --> 01:54:57.000]  I just, you know, it's like judges don't want to look at it.
[01:54:57.000 --> 01:54:59.000]  This is my second quiet title on my property,
[01:54:59.000 --> 01:55:02.000]  because the first time they bumped it up to federal court,
[01:55:02.000 --> 01:55:09.000]  and you know, did the federal question and all that garbage, and...
[01:55:09.000 --> 01:55:13.000]  If they do that again, if they try that again, get ahold of me,
[01:55:13.000 --> 01:55:18.000]  I'll write you a subject matter jurisdiction challenge.
[01:55:18.000 --> 01:55:19.000]  Okay, but it's just that...
[01:55:19.000 --> 01:55:21.000]  And they won't like that.
[01:55:21.000 --> 01:55:31.000]  Or write down 2011 Venue and Removal Clarification Act.
[01:55:31.000 --> 01:55:32.000]  Okay.
[01:55:32.000 --> 01:55:35.000]  That changed 200 years of law,
[01:55:35.000 --> 01:55:41.000]  and it denies the federal court jurisdiction to rule on a state issue, period.
[01:55:41.000 --> 01:55:42.000]  Yeah.
[01:55:42.000 --> 01:55:44.000]  So I had stopped making all my payments,
[01:55:44.000 --> 01:55:48.000]  because I didn't want to pay the wrong person, you know, with all of that.
[01:55:48.000 --> 01:55:53.000]  How many people could come back after I paid off my mortgage?
[01:55:53.000 --> 01:55:56.000]  Have you looked in the public record,
[01:55:56.000 --> 01:56:00.000]  and followed the chain of title in the public record?
[01:56:00.000 --> 01:56:03.000]  Yeah, they're all over the place.
[01:56:03.000 --> 01:56:05.000]  Leslie and I checked it all out.
[01:56:05.000 --> 01:56:10.000]  We wrote it all, put it all in an Excel spreadsheet, and it's all over the place.
[01:56:10.000 --> 01:56:17.000]  And one company even filed a forgery that they backdated 10 years
[01:56:17.000 --> 01:56:22.000]  to try to take my property.
[01:56:22.000 --> 01:56:25.000]  Did you sue that company?
[01:56:25.000 --> 01:56:28.000]  Do I?
[01:56:28.000 --> 01:56:32.000]  There's a special statute in Texas.
[01:56:32.000 --> 01:56:33.000]  It's a fraud statute.
[01:56:33.000 --> 01:56:40.000]  I think it's Civil Torture Remedies 139, I believe.
[01:56:40.000 --> 01:56:50.000]  But it's specifically for someone stealing or trying to steal real, convert real property.
[01:56:50.000 --> 01:56:54.000]  Yeah, there's another company here that got involved with that company,
[01:56:54.000 --> 01:57:01.000]  and they actually backdated something 10 years, or 10 years ago.
[01:57:01.000 --> 01:57:03.000]  And they did the first in time, first in line.
[01:57:03.000 --> 01:57:08.000]  They came before MERS, you know, countrywide, conveyed it to MERS,
[01:57:08.000 --> 01:57:14.000]  conveyed it to Bank of America, and they went back and put themselves right between countrywide.
[01:57:14.000 --> 01:57:18.000]  Yeah, but when did they file the document and the record?
[01:57:18.000 --> 01:57:20.000]  April of last year.
[01:57:20.000 --> 01:57:23.000]  Okay, that's when it counts.
[01:57:23.000 --> 01:57:30.000]  Any claim against real property not properly acknowledged or proven and filed in the record is void as to the holder.
[01:57:30.000 --> 01:57:34.000]  Their claim was void until it was filed.
[01:57:34.000 --> 01:57:40.000]  So it lands in line when it was filed, not the date they happened to put on the document.
[01:57:40.000 --> 01:57:41.000]  Right.
[01:57:41.000 --> 01:57:43.000]  The date they're relevant.
[01:57:43.000 --> 01:57:49.000]  But that should actually get criminal, you should pursue criminal charges just for yucks.
[01:57:49.000 --> 01:57:53.000]  Yeah, we were talking about doing that.
[01:57:53.000 --> 01:57:58.000]  Okay, send me an email on that, and I'll look up the statutes for you and send that back to you.
[01:57:58.000 --> 01:58:03.000]  Awesome, okay, great.
[01:58:03.000 --> 01:58:06.000]  Okay, is there anything else today?
[01:58:06.000 --> 01:58:08.000]  No, I think that covered it.
[01:58:08.000 --> 01:58:11.000]  I was just wondering what my next plan of attack was.
[01:58:11.000 --> 01:58:13.000]  Okay, just, yeah, be patient with the judge.
[01:58:13.000 --> 01:58:15.000]  Give him a chance.
[01:58:15.000 --> 01:58:17.000]  He may actually ruin your favor.
[01:58:17.000 --> 01:58:21.000]  Yeah, I just thought it was really odd that he, you know,
[01:58:21.000 --> 01:58:28.000]  so that he found out about that there was nobody fighting that he all of a sudden an attorney popped up from Houston.
[01:58:28.000 --> 01:58:29.000]  It's just really strange.
[01:58:29.000 --> 01:58:32.000]  Okay, hang on, we have to go to break.
[01:58:32.000 --> 01:58:34.000]  Okay.
[01:58:34.000 --> 01:58:36.000]  Okay, thanks.
[01:58:36.000 --> 01:58:38.000]  We're going to move on when we come back.
[01:58:38.000 --> 01:58:44.000]  Go ahead, Deb.
[01:58:44.000 --> 01:58:46.000]  She's got her mic turned down again.
[01:58:46.000 --> 01:58:50.000]  We'll be right back.
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