ROL_2016-06-17_16k_Hr3-4.timecode

[00:00.000 --> 00:07.320]  The following news flash is brought to you by the Lone Star Lowdown.
[00:07.320 --> 00:12.040]  Markets for Friday, the 17th of June, 2016, are currently treading with gold at $1,290.58
[00:12.040 --> 00:20.520]  an ounce, silver $17.39 an ounce, Texas crude $46.21 a barrel, and Bitcoin is still on the
[00:20.520 --> 00:28.560]  rise at 751 U.S. currency.
[00:28.560 --> 00:33.600]  Today in history, the year 1885, the Statue of Liberty arrives in New York City aboard
[00:33.600 --> 00:35.120]  the French ship Laser.
[00:35.120 --> 00:39.700]  It was designed by a French Freemason sculptor, Frédéric Auguste Bartholdi, and built by
[00:39.700 --> 00:43.800]  another French Freemason, Gustave Eiffel, famous for building the Eiffel Tower.
[00:43.800 --> 00:48.400]  Though the Statue of Liberty wasn't completed and dedicated until October 28, 1886, it first
[00:48.400 --> 00:55.320]  arrived to America from France today in history.
[00:55.320 --> 00:59.440]  In recent news, the United States is set to keep their destroyer, the USS Porter, in the
[00:59.440 --> 01:02.940]  Black Sea in spite of Russia warning that the U.S. patrolling there undermines their
[01:02.940 --> 01:06.440]  regional security, establishing its presence for over a month now.
[01:06.440 --> 01:10.280]  This initiative from the U.S. falls within a greater push for NATO to have a presence
[01:10.280 --> 01:13.960]  in the Black Sea in expectation of the NATO summit in Warsaw next month.
[01:13.960 --> 01:18.600]  If you recall, the presence of U.S. warships in the Baltic Sea caused a near flyby by Russian
[01:18.600 --> 01:22.400]  fighter jets in which Secretary of State John Kerry said that the U.S. would have been within
[01:22.400 --> 01:25.080]  its rules of engagement in shooting them down.
[01:25.080 --> 01:30.240]  Navy Secretary Ray Mavis aboard the USS Mason, another U.S. destroyer in the Mediterranean,
[01:30.240 --> 01:33.480]  told Reuters on Thursday that, quote, we're going to be there.
[01:33.480 --> 01:35.680]  Speaking of the Black Sea, we're going to deter.
[01:35.680 --> 01:38.200]  That's the main reason we're there, to deter potential aggression.
[01:38.200 --> 01:42.400]  However, he did admit that, quote, if a decision is made to create a permanent force, of course,
[01:42.400 --> 01:45.720]  it would destabilize because that is not a NATO sea.
[01:45.720 --> 01:49.380]  Increasing tension between the two superpowers, the U.S. Navy deployed two aircraft carriers
[01:49.380 --> 01:53.700]  in the Mediterranean ahead of the NATO summit as Washington seeks to balance an increase
[01:53.700 --> 02:00.520]  in Russian military activities also in the Mediterranean.
[02:00.520 --> 02:04.280]  A Texas state lawsuit accusing the State Department and other federal agencies of violating the
[02:04.280 --> 02:08.840]  Refugee Act of 1980 for failing to consult with state officials before resettling Syrian
[02:08.840 --> 02:12.280]  refugees within the state has been dismissed by a judge in Dallas.
[02:12.280 --> 02:16.480]  The lawsuit also charged that the non-profit relief group, the International Rescue Committee,
[02:16.480 --> 02:18.280]  had breached its contract with the state of Texas.
[02:18.280 --> 02:22.160]  In his opinion released yesterday, Judge David Goodbay of a federal district court ruled
[02:22.160 --> 02:24.600]  that Texas's accusations had no legal merit.
[02:24.600 --> 02:28.720]  However, he didn't rule on whether the federal officials had violated the Refugee Act.
[02:28.720 --> 02:32.480]  Texas Attorney General Ken Paxton stated in response that, quote, I am disappointed with
[02:32.480 --> 02:36.320]  the court's determination that Texas cannot hold the federal government accountable to
[02:36.320 --> 02:38.900]  consult with us before resettling refugees here.
[02:38.900 --> 02:43.560]  We are considering our options moving forward to guarantee the safety of Texans from domestic
[02:43.560 --> 02:44.560]  and foreign threats.
[02:44.560 --> 02:48.080]  Lieutenant Governor Dan Patrick said in a statement that Texas has a right to know who
[02:48.080 --> 02:51.540]  the federal government is bringing to Texas, where they are being placed, and what they
[02:51.540 --> 02:54.200]  are doing to guarantee the safety of all Texans.
[03:21.540 --> 03:34.320]  We are back with rule of law radio, Randy Kelton, vet pack.
[03:34.320 --> 03:37.240]  Mark, was there anything else that you wanted to add?
[03:37.240 --> 03:38.240]  We've got a few callers.
[03:38.240 --> 03:40.200]  I wanted to go ahead and bring on someone else.
[03:40.200 --> 03:41.200]  Hold on.
[03:41.200 --> 03:43.200]  Randy, did you unmute him?
[03:43.200 --> 03:46.200]  Yeah, I did now.
[03:46.200 --> 03:47.200]  Okay.
[03:47.200 --> 03:48.200]  Mark, go ahead.
[03:48.200 --> 03:53.280]  Was there something else that you wanted to ask or add?
[03:53.280 --> 03:56.760]  No, I think I've done my damage for the evening.
[03:56.760 --> 04:00.360]  Randy scratched his head a little.
[04:00.360 --> 04:01.360]  Yeah.
[04:01.360 --> 04:06.280]  You guys, everyone out there is doing a great job, and it sounds like you're really tackling
[04:06.280 --> 04:07.280]  it.
[04:07.280 --> 04:12.400]  Yeah, I don't know if it's a great job, but I'm certainly causing trouble.
[04:12.400 --> 04:15.400]  That's good.
[04:15.400 --> 04:18.400]  He's having way too much fun.
[04:18.400 --> 04:21.400]  Sounds like it.
[04:21.400 --> 04:22.400]  All right.
[04:22.400 --> 04:24.360]  Well, I'll let you move on to other callers.
[04:24.360 --> 04:27.080]  Thank you much for your time this evening, Mr. Kelton.
[04:27.080 --> 04:28.080]  Bye-bye.
[04:28.080 --> 04:29.080]  Bye.
[04:29.080 --> 04:30.080]  Thank you.
[04:30.080 --> 04:31.080]  All right.
[04:31.080 --> 04:34.080]  Randy, go ahead and bring on James.
[04:34.080 --> 04:37.080]  James, out of Texas.
[04:37.080 --> 04:38.080]  Hello.
[04:38.080 --> 04:39.080]  Hello, James.
[04:39.080 --> 04:40.080]  How's Randy doing tonight?
[04:40.080 --> 04:48.080]  How many bananas does McBride have in his banana crate?
[04:48.080 --> 04:56.440]  Well, this is just kind of to test the system out.
[04:56.440 --> 04:59.040]  I really don't care about McBride.
[04:59.040 --> 05:02.440]  He's not going to be around long, and he's getting ready to retire anyway.
[05:02.440 --> 05:11.880]  But this is all to see how the feds handle us going after them using their own laws and
[05:11.880 --> 05:12.880]  rules.
[05:12.880 --> 05:13.880]  So this is going to be fun.
[05:13.880 --> 05:20.040]  I'm just going to work the routine on them, and then when I get through working the routine
[05:20.040 --> 05:24.240]  in through the federal side, then when they blow off everything, then I'll come back and
[05:24.240 --> 05:26.880]  go after them from the state side.
[05:26.880 --> 05:32.600]  We'll see what they think when I start filing against them with a state grand jury.
[05:32.600 --> 05:33.600]  Okay.
[05:33.600 --> 05:35.600]  Now, I've got to ask a question.
[05:35.600 --> 05:37.600]  A judge is a judge, right?
[05:37.600 --> 05:42.680]  And the judge sits in the chair of the court, and the court is the court is the judge when
[05:42.680 --> 05:46.040]  he sits in the chair and after the court, and then he...
[05:46.040 --> 05:47.040]  Wait.
[05:47.040 --> 05:48.040]  Hold on, James.
[05:48.040 --> 05:49.040]  Can you move the mic down by your chin?
[05:49.040 --> 05:50.040]  You're getting some distortion.
[05:50.040 --> 05:56.440]  Well, I've been hanging off at that o'clock, so my phone might be a little bit damp from
[05:56.440 --> 05:57.440]  sweating.
[05:57.440 --> 05:58.440]  Okay.
[05:58.440 --> 05:59.440]  Go ahead.
[05:59.440 --> 06:00.440]  That didn't help.
[06:00.440 --> 06:03.440]  So it must just be something in the connection.
[06:03.440 --> 06:04.440]  Go ahead.
[06:04.440 --> 06:10.440]  Do you want me to try to call you on another phone?
[06:10.440 --> 06:11.440]  Yes.
[06:11.440 --> 06:14.440]  Try calling right back.
[06:14.440 --> 06:16.440]  We'll bring you back in.
[06:16.440 --> 06:17.440]  Okay.
[06:17.440 --> 06:22.440]  Let me call on the house phone.
[06:22.440 --> 06:27.440]  Okay, and we've taken a little extra time.
[06:27.440 --> 06:31.440]  We lost the first segment today because we had some technical difficulties.
[06:31.440 --> 06:34.440]  And I apologize for that, but it happens sometimes.
[06:34.440 --> 06:38.440]  And we kind of struggle to keep this show going.
[06:38.440 --> 06:43.440]  And a lot of times we have to dig in our own pockets to keep it up.
[06:43.440 --> 06:47.440]  We had an archive last night because Deborah had a gig.
[06:47.440 --> 06:50.440]  She's a musician, and she had a gig.
[06:50.440 --> 06:53.440]  So when we have to make money, we have to make money.
[06:53.440 --> 06:56.440]  And sometimes we just have to put this off.
[06:56.440 --> 07:04.440]  So if you appreciate the show, if you like what we're doing, go to Logos Radio Network
[07:04.440 --> 07:06.440]  and check out our sponsors.
[07:06.440 --> 07:13.440]  And if a sponsor has something you can use, use our sponsors and help us support the show
[07:13.440 --> 07:18.440]  and make sure you look for Randy's Beer Fund.
[07:18.440 --> 07:20.440]  Okay.
[07:20.440 --> 07:23.440]  Actually, there's no link for Randy's Beer Fund.
[07:23.440 --> 07:25.440]  That's kind of our running joke.
[07:25.440 --> 07:28.440]  Okay, James is back.
[07:28.440 --> 07:29.440]  Go ahead, James.
[07:29.440 --> 07:31.440]  I'm back.
[07:31.440 --> 07:33.440]  Oh, muy better.
[07:33.440 --> 07:37.440]  This one's not all sweaty.
[07:37.440 --> 07:44.440]  Now, my question is, the judge is a judge, and he took an oath to uphold the Constitution.
[07:44.440 --> 07:50.440]  Did he take an oath to uphold the equitable common laws of the land and the statutory laws?
[07:50.440 --> 07:58.440]  And since he has taken an oath as an officer of the court, when he sits in the chair, he's an officer of the court.
[07:58.440 --> 08:03.440]  So when the judge opines, does he opine according to the Constitution,
[08:03.440 --> 08:09.440]  which if you look at the Court of Appeals or the appellate courts,
[08:09.440 --> 08:16.440]  a lot of times they will come back with the initials NRE, nonreversible error.
[08:16.440 --> 08:24.440]  So the judge can make a wrong decision on equitable and our common law and statutory law,
[08:24.440 --> 08:29.440]  but he can't make an error when it comes to the Constitution.
[08:29.440 --> 08:35.440]  Would you not agree with that?
[08:35.440 --> 08:48.440]  The Constitution, this sounds like the only time a judge could make a reversible error is when it goes to Constitution.
[08:48.440 --> 08:57.440]  But Constitution only goes to public officials.
[08:57.440 --> 08:59.440]  He is a public official.
[08:59.440 --> 09:00.440]  Yes, but it...
[09:00.440 --> 09:02.440]  He's also a judiciary official.
[09:02.440 --> 09:08.440]  He's a public official in his personal capacity as he sits in the chair.
[09:08.440 --> 09:14.440]  The chair is the court, and the chair can't speak, and the chair will not make a mistake.
[09:14.440 --> 09:21.440]  And the court is the chair, and the court will not let a judge make a mistake if it violates the Constitution.
[09:21.440 --> 09:28.440]  That would be your reversible error is if the judge violated his constitutional oath.
[09:28.440 --> 09:35.440]  Just like every police officer, every military official took an oath to uphold the Constitution.
[09:35.440 --> 09:41.440]  They don't take an oath to uphold equitable or statutory laws.
[09:41.440 --> 09:45.440]  They take an oath to uphold the Constitution.
[09:45.440 --> 09:54.440]  But it is the articulated duty of the court to determine the facts and according to the rules of evidence
[09:54.440 --> 09:58.440]  and apply the law as it comes to him to the facts in the case.
[09:58.440 --> 10:06.440]  That's the judge to do that, and he has to do that according to his oath to the Constitution.
[10:06.440 --> 10:17.440]  Yes, but the way you stated that, it sounds as though in order to claim an error,
[10:17.440 --> 10:23.440]  I would have to be able to claim a constitutional error.
[10:23.440 --> 10:29.440]  That gives the power to the court for the court to correct the court's error.
[10:29.440 --> 10:37.440]  It won't correct the judge's error even if the judge rules incorrectly to equity and to statutory law.
[10:37.440 --> 10:43.440]  If the judge makes an error on that, it's not a reversible error because it's not a constitutional error.
[10:43.440 --> 10:52.440]  Now, if in doing that, it did not go to the merits of the case to determine if he had jurisdiction or such,
[10:52.440 --> 10:57.440]  then he's committed a reversible error in the Constitution.
[10:57.440 --> 10:58.440]  Okay.
[10:58.440 --> 11:10.440]  Then I would have to be able to say that the judge's ruling denied me in either a procedural or substantive due process.
[11:10.440 --> 11:12.440]  That would go to Constitution.
[11:12.440 --> 11:13.440]  Correct.
[11:13.440 --> 11:16.440]  That would be correct.
[11:16.440 --> 11:32.440]  Any error in the application of law where the judge fails to apply the law as the legislature intended would deny me in substantive due process.
[11:32.440 --> 11:34.440]  Correct.
[11:34.440 --> 11:45.440]  If he failed to follow a procedure or failed to afford me a constitutional right, that would be procedural.
[11:45.440 --> 12:04.440]  So what you're saying is where the higher courts have authority to reverse a judge's ruling is if it denies the most part substantive due process.
[12:04.440 --> 12:15.440]  If the court does not follow a higher court's procedures, then we get into stare decisis.
[12:15.440 --> 12:19.440]  That's where we go to substantive due process.
[12:19.440 --> 12:32.440]  I have a right to the just application of the law and stare decisis defines what is the just application of law.
[12:32.440 --> 12:37.440]  That would be correct.
[12:37.440 --> 12:44.440]  Now the other thing that I have a problem with is we go back and look at what they're doing to the people.
[12:44.440 --> 12:50.440]  You can go back to the 5th century B.C. in the Art of War of Sun Tzu.
[12:50.440 --> 12:55.440]  Most people don't understand they're being indoctrinated into all of this.
[12:55.440 --> 13:06.440]  And you can go back to the Banker's Manifesto that Charles Lindbergh released to Congress back around the 1900s, somewhere right after 1900.
[13:06.440 --> 13:10.440]  And they're doing exactly what they say they're going to do.
[13:10.440 --> 13:15.440]  They're going to con the people and they're going to hold them into involuntary servitude.
[13:15.440 --> 13:23.440]  And they're going to make our children's, great-grandchildren's pay for our failure.
[13:23.440 --> 13:28.440]  Okay. I agree with that. That's the way it's always been.
[13:28.440 --> 13:34.440]  Yeah. Now the other thing is if we bring a little bit of the scripture into it,
[13:34.440 --> 13:39.440]  you can go down to the Texas Capitol and look on the grounds to the Sixth Commandment.
[13:39.440 --> 13:46.440]  Thou shalt not kill. But go back to the original scriptures. It's doubt shalt not murder.
[13:46.440 --> 13:56.440]  I mean, they're playing word games with us. And attorneys are the most skilled word crafters there are around.
[13:56.440 --> 14:06.440]  Yes. And this is one of the things we talk about a lot, that when you go to court, they do not speak English in court.
[14:06.440 --> 14:11.440]  They speak an English dialect. It's called legalese.
[14:11.440 --> 14:18.440]  Then we deal with collateral estoppel. If the statutes sit there and say,
[14:18.440 --> 14:23.440]  you've got a duty to do this and you've got an obligation to respond in timely,
[14:23.440 --> 14:28.440]  now we're looking at the 1635 rescission as collateral estoppel.
[14:28.440 --> 14:34.440]  They had a duty and an obligation to respond in 20 days and they didn't do it.
[14:34.440 --> 14:38.440]  So they're collaterally estoppeled from raising an argument later on.
[14:38.440 --> 14:43.440]  It's the same way as if you don't raise it, you lose it.
[14:43.440 --> 14:50.440]  Exactly. And this we've been using against them because the banks,
[14:50.440 --> 14:56.440]  somehow they didn't seem to take rescission seriously.
[14:56.440 --> 15:03.440]  And any time I file a notice of rescission, they treat it like a qualified written request.
[15:03.440 --> 15:07.440]  And they file the same trash answer.
[15:07.440 --> 15:12.440]  Well, okay, there's a little more to it than that.
[15:12.440 --> 15:18.440]  Mine actually looks like a qualified written request.
[15:18.440 --> 15:26.440]  The rescission is a little paragraph right at the bottom after 20 pages of trash discovery
[15:26.440 --> 15:28.440]  that they don't have to pay any attention to.
[15:28.440 --> 15:34.440]  The last paragraph says if you fail to properly validate this debt
[15:34.440 --> 15:39.440]  within the statutory time limit, consider this as a notice of rescission.
[15:39.440 --> 15:42.440]  I don't think they ever read it.
[15:42.440 --> 15:44.440]  Oh, well, life is tough.
[15:44.440 --> 15:48.440]  This judge I just filed criminal charges against,
[15:48.440 --> 15:56.440]  in his ruling he said that the right to rescind does not last forever.
[15:56.440 --> 16:01.440]  Wrong. Yes, it does.
[16:01.440 --> 16:05.440]  Once there has been a notice of acceleration.
[16:05.440 --> 16:10.440]  Then they've got three years from the time it's consummated.
[16:10.440 --> 16:13.440]  But if they admit it's been consummated,
[16:13.440 --> 16:17.440]  then they've got to look at a breach of contract because they...
[16:17.440 --> 16:19.440]  That's different in rescission.
[16:19.440 --> 16:21.440]  You can do a breach of contract.
[16:21.440 --> 16:28.440]  But once there is a notice of acceleration, the right to rescind is reinvigorated.
[16:28.440 --> 16:33.440]  That second right to rescind lasts forever.
[16:33.440 --> 16:35.440]  There's no time limit on that one.
[16:35.440 --> 16:40.440]  So the judge was totally incorrect.
[16:40.440 --> 16:45.440]  He read the part he wanted to and ignored the rest.
[16:45.440 --> 16:49.440]  Randy, I believe we're going to have to take a break.
[16:49.440 --> 16:51.440]  Now be quiet.
[16:51.440 --> 16:53.440]  This is Rule of Law Radio.
[16:53.440 --> 16:56.440]  You're listening to Randy Kelton, Vet Pack.
[16:56.440 --> 17:01.440]  Call us at 512-646-1900.
[17:26.440 --> 17:29.440]  We'll be right back.
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[19:04.440 --> 19:11.440]  the LogosRadioNetwork.com.
[19:11.440 --> 19:14.440]  Well, don't let nothing get to you.
[19:14.440 --> 19:17.440]  Only the Father can deliver you.
[19:17.440 --> 19:20.440]  Don't let bad-minded people hurt you.
[19:20.440 --> 19:23.440]  Until Satan gets behind you.
[19:23.440 --> 19:27.440]  Norman, my friend, and all of your children.
[19:27.440 --> 19:51.440]  Come on.
[19:51.440 --> 19:53.440]  We are back.
[19:53.440 --> 19:57.440]  You're listening to Rule of Law Radio with Randy Kelton, Vet Pack.
[19:57.440 --> 19:59.440]  We were speaking with James.
[19:59.440 --> 20:02.440]  Randy, where did we leave off?
[20:02.440 --> 20:03.440]  Okay.
[20:03.440 --> 20:11.440]  We were talking about the judge's duty to apply the law to the facts.
[20:11.440 --> 20:17.440]  And, oh, what was it, James?
[20:17.440 --> 20:21.440]  Collateral estoppel.
[20:21.440 --> 20:24.440]  Collateral estoppel and laches.
[20:24.440 --> 20:30.440]  Laches go along with collateral estoppel in this regard.
[20:30.440 --> 20:36.440]  Laches is very specific in that where you have a right
[20:36.440 --> 20:40.440]  and you fail to exercise that right.
[20:40.440 --> 20:44.440]  But laches only applies if you had a right,
[20:44.440 --> 20:47.440]  fail to exercise the right,
[20:47.440 --> 20:53.440]  and the complainant circumstances changed subsequently
[20:53.440 --> 20:56.440]  to your failing to exercise the right.
[20:56.440 --> 20:58.440]  Then it goes to laches.
[20:58.440 --> 21:04.440]  Otherwise, it goes to collateral estoppel.
[21:04.440 --> 21:08.440]  Collateral estoppel has a couple of applications.
[21:08.440 --> 21:14.440]  If you fail to act within a specific time limit,
[21:14.440 --> 21:16.440]  like statute of limitations,
[21:16.440 --> 21:20.440]  you got four years after a notice of acceleration
[21:20.440 --> 21:25.440]  to execute a foreclosure sale in Texas.
[21:25.440 --> 21:27.440]  If you don't execute it within that four-year time limit,
[21:27.440 --> 21:32.440]  you're collateral estopped.
[21:32.440 --> 21:36.440]  But mainly what collateral estoppel goes to
[21:36.440 --> 21:41.440]  is when you say or do a thing in the court,
[21:41.440 --> 21:46.440]  and that's why you have the meaning collateral.
[21:46.440 --> 21:51.440]  We just had Wells Fargo in a Rule 12 motion to dismiss,
[21:51.440 --> 21:55.440]  claimed that they were not the creditor,
[21:55.440 --> 21:57.440]  and therefore the case should be dismissed.
[21:57.440 --> 21:59.440]  They removed it from the state court to the Fed,
[21:59.440 --> 22:01.440]  claimed they weren't the creditor.
[22:01.440 --> 22:04.440]  I looked at that, said, holy mackerel.
[22:04.440 --> 22:07.440]  They were unsuited immediately.
[22:07.440 --> 22:13.440]  The reason unsuited is the lawyer made a really big boo-boo
[22:13.440 --> 22:18.440]  in claiming Wells Fargo was not the creditor.
[22:18.440 --> 22:23.440]  What he was thinking, we are not the original creditor,
[22:23.440 --> 22:28.440]  but he was acting as the agent for the creditor.
[22:28.440 --> 22:32.440]  So although Wells Fargo may have only been the servicer,
[22:32.440 --> 22:34.440]  they were the agent for the creditor,
[22:34.440 --> 22:37.440]  and they said they were not the creditor.
[22:37.440 --> 22:38.440]  So I non-suited right away,
[22:38.440 --> 22:42.440]  so they would be subject to collateral estoppel.
[22:42.440 --> 22:47.440]  So if they try to act as the creditor,
[22:47.440 --> 22:51.440]  the collateral effect of them making that statement in court
[22:51.440 --> 22:56.440]  bars them from making a different statement in court.
[22:56.440 --> 23:01.440]  Even if that statement was incorrect, they made it.
[23:01.440 --> 23:02.440]  They did not withdraw it.
[23:02.440 --> 23:07.440]  They made it based on them making that statement.
[23:07.440 --> 23:11.440]  I took an action that dismissed the case.
[23:11.440 --> 23:15.440]  Now they can't come back and say, oh, yeah, by the way,
[23:15.440 --> 23:17.440]  we are the creditor.
[23:17.440 --> 23:19.440]  The collateral estopped.
[23:19.440 --> 23:26.440]  We had someone in California that Wells Fargo sued Deutsche Bank
[23:26.440 --> 23:30.440]  over a pool of loans.
[23:30.440 --> 23:33.440]  Deutsche Bank went into the court and said,
[23:33.440 --> 23:37.440]  we have no interest in this pool.
[23:37.440 --> 23:41.440]  Six months later, they foreclosed on this woman's note,
[23:41.440 --> 23:44.440]  and this note was in that pool.
[23:44.440 --> 23:49.440]  So she went to the court and said, collateral estoppel.
[23:49.440 --> 23:51.440]  They can't come into one court and say
[23:51.440 --> 23:53.440]  they have nothing to do with this loan
[23:53.440 --> 23:56.440]  and then come into another court and say they do.
[23:56.440 --> 23:57.440]  They're collateral estoppel.
[23:57.440 --> 23:58.440]  Does that make sense, James?
[23:58.440 --> 24:01.440]  And is that the way you perceived this?
[24:01.440 --> 24:05.440]  That would be correct, but where I'm going is estoppel by silence
[24:05.440 --> 24:14.440]  under 1635, regardless of whether it's got a statute of limitations or not.
[24:14.440 --> 24:20.440]  They're estoppel by silence because the statutes say they got 20 days to respond,
[24:20.440 --> 24:26.440]  and in that 20 days they didn't respond, they're estoppel by silence.
[24:26.440 --> 24:33.440]  And then they come back and they try a statute of repose or something like that.
[24:33.440 --> 24:38.440]  That doesn't work either because they had a duty under 1635
[24:38.440 --> 24:42.440]  to act within 20 days to say one thing or another.
[24:42.440 --> 24:45.440]  They had an obligation and a duty.
[24:45.440 --> 24:51.440]  What the statute says is if they fail to file a demurrer
[24:51.440 --> 24:56.440]  or an opposition to the rescission within 20 days,
[24:56.440 --> 25:00.440]  there's a remedy included in the statute.
[25:00.440 --> 25:05.440]  If they fail within 20 days, the borrower may retain the property
[25:05.440 --> 25:09.440]  with no further obligation.
[25:09.440 --> 25:13.440]  Yeah, then you go to 1640.
[25:13.440 --> 25:20.440]  I think it's 15 USC 1640, and they're going to try to bring in 1635 rescission
[25:20.440 --> 25:23.440]  and sit there and say, well, we consummated the loan.
[25:23.440 --> 25:29.440]  You can't consummate a loan when you've already sit there and breached the contract.
[25:29.440 --> 25:32.440]  I mean, you can't come in and argue.
[25:32.440 --> 25:36.440]  It doesn't make any difference if they consummated the loan.
[25:36.440 --> 25:38.440]  That's irrelevant.
[25:38.440 --> 25:41.440]  If they say that there's a loan been consummated,
[25:41.440 --> 25:45.440]  then you can go after an unconscionable contract.
[25:45.440 --> 25:53.440]  If anybody has ever read the Fannie Mae Freddie Mac uniform instrument,
[25:53.440 --> 25:56.440]  whoever wrote that had to be high on coke.
[25:56.440 --> 25:59.440]  It makes no sense whatsoever.
[25:59.440 --> 26:08.440]  So you always can challenge that deed of trust.
[26:08.440 --> 26:09.440]  Go ahead, James.
[26:09.440 --> 26:13.440]  I would agree that you can always challenge a lien.
[26:13.440 --> 26:18.440]  Well, you can challenge the specific wording of the deed of trust.
[26:18.440 --> 26:25.440]  Right there in the beginning where it names MERS, it names MERS as the beneficiary.
[26:25.440 --> 26:30.440]  So when the lender comes back and files a notice of default,
[26:30.440 --> 26:34.440]  we say, wait a minute, wait a minute, who are you?
[26:34.440 --> 26:36.440]  You're not the beneficiary.
[26:36.440 --> 26:38.440]  MERS is the beneficiary.
[26:38.440 --> 26:43.440]  And you have this filing in the record where MERS claims to transfer
[26:43.440 --> 26:48.440]  beneficial interest from the original lender to some other party.
[26:48.440 --> 26:50.440]  Wait a minute.
[26:50.440 --> 26:52.440]  Beneficial interest.
[26:52.440 --> 26:56.440]  We transfer beneficial interest to MERS at closing.
[26:56.440 --> 27:02.440]  See, the only beneficial interest you can transfer from the lender
[27:02.440 --> 27:04.440]  to somebody else is what the lender holds,
[27:04.440 --> 27:08.440]  and they don't hold a squat because you gave it to MERS.
[27:08.440 --> 27:12.440]  That's what the contract says.
[27:12.440 --> 27:14.440]  The clear wording of the contract,
[27:14.440 --> 27:22.440]  the least sophisticated consumer will read this and it says MERS is the beneficiary.
[27:22.440 --> 27:28.440]  That means MERS is the beneficiary, not the borrower, not the lender.
[27:28.440 --> 27:31.440]  How else do I read that?
[27:31.440 --> 27:35.440]  Okay. Now, would that not be an uncomfortable contract when you bring in
[27:35.440 --> 27:40.440]  Carpenter v. Longin and go back to a previous covenant within the deeded trust
[27:40.440 --> 27:45.440]  that said we will follow all federal state laws and all final...
[27:45.440 --> 27:49.440]  Covenant 16.
[27:49.440 --> 27:51.440]  Covenant 16, absolutely.
[27:51.440 --> 27:59.440]  And Covenant 21 gives a clear intent to breach Covenant 16.
[27:59.440 --> 28:04.440]  Covenant 16 is the applicable law and severability clause.
[28:04.440 --> 28:07.440]  And both parties are agreed to abide by all law.
[28:07.440 --> 28:10.440]  That's the main claim that I bring.
[28:10.440 --> 28:19.440]  Yeah, and if they don't and they don't follow all federal state and equitable laws,
[28:19.440 --> 28:21.440]  they violated the contract.
[28:21.440 --> 28:22.440]  Yeah, exactly.
[28:22.440 --> 28:26.440]  They repudiated the contract.
[28:26.440 --> 28:31.440]  By their own conscious intents, they repudiated the contract.
[28:31.440 --> 28:37.440]  And that is if you're going to fight anything having to do with a contract,
[28:37.440 --> 28:47.440]  before we go to securitization, before we go to show me the note, read the contract,
[28:47.440 --> 28:53.440]  the easiest thing to bring before court is the clear wording of a contract,
[28:53.440 --> 28:55.440]  the hardest thing for them to dance around.
[28:55.440 --> 29:04.440]  If his equitable concerns doesn't follow law, then he's violated his oath to the Constitution.
[29:04.440 --> 29:14.440]  And if he's violated due process, then you can sue the state or whatever entity he works for.
[29:14.440 --> 29:17.440]  You can even go after him personally.
[29:17.440 --> 29:28.440]  Only if you can show that the plaintiff lack capacity to invoke the subject matter jurisdiction of the court,
[29:28.440 --> 29:30.440]  then you can go after the court personally.
[29:30.440 --> 29:35.440]  And we always find a challenge subject matter jurisdiction.
[29:35.440 --> 29:38.440]  Brandi, we're about to have to take break.
[29:38.440 --> 29:44.440]  You're always making me stop when I'm having fun.
[29:44.440 --> 29:47.440]  I just like to cut you off.
[29:47.440 --> 29:49.440]  Brandi, we'll holler at you later.
[29:49.440 --> 29:51.440]  I've got kids to take care of.
[29:51.440 --> 29:53.440]  Okay, thank you.
[29:53.440 --> 29:54.440]  Have a great night.
[29:54.440 --> 30:02.440]  We'll be right back, 512-646-1984.
[30:02.440 --> 30:06.440]  Kids sue parents for abuse and sometimes rightly so.
[30:06.440 --> 30:11.440]  But in Illinois, two adult kids went after their mother for some pretty flimsy reasons.
[30:11.440 --> 30:16.440]  I'm Catherine Albrecht, and I'll be back to tell you about their so-called suffering.
[30:16.440 --> 30:18.440]  Privacy is under attack.
[30:18.440 --> 30:21.440]  When you give up data about yourself, you'll never get it back again.
[30:21.440 --> 30:26.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.440 --> 30:31.440]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.440 --> 30:34.440]  Privacy, it's worth hanging on to.
[30:34.440 --> 30:37.440]  This public service announcement is brought to you by Startpage.com,
[30:37.440 --> 30:41.440]  the private search engine alternative to Google, Yahoo, and Bing.
[30:41.440 --> 30:45.440]  Start over with Startpage.
[30:45.440 --> 30:47.440]  How's this for ingratitude?
[30:47.440 --> 30:52.440]  In Illinois, a man and his sister filed a $50,000 lawsuit against their mother,
[30:52.440 --> 30:55.440]  Kimberly Garrity, for emotional distress.
[30:55.440 --> 30:59.440]  Her alleged offenses include not taking her daughter to a car show,
[30:59.440 --> 31:04.440]  telling her boy when he was seven years old to buckle his seat belts and get this,
[31:04.440 --> 31:07.440]  I am a birthday card with no money inside.
[31:07.440 --> 31:10.440]  After two years, an appeals court dismissed the case,
[31:10.440 --> 31:15.440]  explaining that a ruling against the mother would have subjected all parents to excessive scrutiny and interference.
[31:15.440 --> 31:16.440]  Amen.
[31:16.440 --> 31:21.440]  My only question, why did it take a court two years to come to that decision?
[31:21.440 --> 31:30.440]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[32:01.440 --> 32:04.440]  Rule of Law Radio is proud to offer the rule of law traffic center.
[32:04.440 --> 32:07.440]  In today's America, we live in an us-against-them society,
[32:07.440 --> 32:12.440]  and if we the people are ever going to have a free society, then we're going to have to stand and defend our own rights.
[32:12.440 --> 32:15.440]  Among those rights are the right to travel freely from place to place,
[32:15.440 --> 32:19.440]  the right to act in our own private capacity, and most importantly, the right to due process of law.
[32:19.440 --> 32:25.440]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[32:33.440 --> 32:35.440]  and how to hold courts to the rule of law.
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[33:24.440 --> 33:49.440]  I want, oh I want, I won't let you pull the wool over my eye.
[33:49.440 --> 34:03.440]  You're listening to Rule of Law Radio with Randy Kelton, Zet Pack.
[34:03.440 --> 34:10.440]  All right, we just ended a call and we're about to bring on, Randy, who are we going to bring on?
[34:10.440 --> 34:12.440]  We've got a couple of callers waiting.
[34:12.440 --> 34:18.440]  Okay, we have Kenny from Texas. Kenny, thank you for holding us on so long.
[34:18.440 --> 34:24.440]  Hey, Randy. I am honored to be able to speak to you.
[34:24.440 --> 34:32.440]  First time caller, but I discovered you and Eddie worked.
[34:32.440 --> 34:37.440]  Wait a minute, wait a minute. We're having a little trouble with your mic.
[34:37.440 --> 34:42.440]  Move it just a little bit below your mouth.
[34:42.440 --> 34:43.440]  How's that?
[34:43.440 --> 34:46.440]  Much better.
[34:46.440 --> 34:51.440]  Okay. Well, I'll be staying.
[34:51.440 --> 35:06.440]  I'm investigating some avenues of remedy for a friend of mine who hired a plumber and the plumber failed to deliver.
[35:06.440 --> 35:10.440]  Wait a minute, Kenny. I'm having a terrible time understanding you.
[35:10.440 --> 35:13.440]  I'm just getting parts of the words.
[35:13.440 --> 35:20.440]  I am so sorry. I don't know what to do. Can you hear me now, Randy?
[35:20.440 --> 35:23.440]  Yeah, go ahead. Let me see how that does.
[35:23.440 --> 35:27.440]  I'll try my best.
[35:27.440 --> 35:40.440]  The subject matter of my inquiry to you that I coveted your opinion on, the plumber that they hired has a journeyman's license.
[35:40.440 --> 35:52.440]  And the occupational code, which governs plumber's activity, says that a master plumber has to be, you know.
[35:52.440 --> 35:57.440]  A master has to pull a permit. A journeyman can't pull one.
[35:57.440 --> 36:05.440]  And a journeyman has to always act under the supervision of a master.
[36:05.440 --> 36:18.440]  Yes. Now, there was a controversy because a greatly estimated time for the work to be done turned out to be seven months.
[36:18.440 --> 36:32.440]  Now, he was fired and so he has retaliated by slapping a mechanic's wing on the property.
[36:32.440 --> 36:34.440]  Oh, okay.
[36:34.440 --> 36:41.440]  He was recorded into the Brazilian county record.
[36:41.440 --> 36:53.440]  And it seems to be quite questionable to me why he would put a confession of engaging,
[36:53.440 --> 37:04.440]  of contracting with the public, clearly, in his affidavit. And he's confessing actually to his illegal activity.
[37:04.440 --> 37:18.440]  And according to 1301, the code that governs plumber's, he has some heavy sanctions that are...
[37:18.440 --> 37:23.440]  Okay, hold on, hold on. Well, you're kind of, there's another direction to go.
[37:23.440 --> 37:32.440]  Go on the Internet and pull up Texas Penal Code 32.49.
[37:32.440 --> 37:35.440]  32.49, okay, yes, sir.
[37:35.440 --> 37:37.440]  Okay, why are you looking that up?
[37:37.440 --> 37:50.440]  32.49 was put in place by the legislature in order to stop the Republic of Texas from filing liens against public officials.
[37:50.440 --> 37:58.440]  Now, the Republic of Texas figured out how to do this and it was correct and it was within law,
[37:58.440 --> 38:03.440]  creating a big problem with these guys because technically they were legal.
[38:03.440 --> 38:08.440]  Now, the way they were being used was abusive, but it was technically legal.
[38:08.440 --> 38:13.440]  So the legislature passed this statute and it says,
[38:13.440 --> 38:17.440]  a person committed an offense if he was intent to defraud or harm another,
[38:17.440 --> 38:25.440]  the person owns, holds, or is a beneficiary of purported lien or claim asserted against real or personal property
[38:25.440 --> 38:34.440]  or an interest in real or personal property that is fraudulent as described by section 51901 government code.
[38:34.440 --> 38:40.440]  Not later than the 21st day after the date of receipt of actual or written notice
[38:40.440 --> 38:47.440]  sent by either certified or registered mail, return receipt requested to the person's last known address
[38:47.440 --> 38:52.440]  or by telephonic document transfer to the recipient's current telecopier number
[38:52.440 --> 38:57.440]  requesting the execution of a release of the fraudulent lien or claim
[38:57.440 --> 39:05.440]  refuses to execute the release on the request of the obligor or debtor
[39:05.440 --> 39:12.440]  or any person who owns any interest in the real property, real or personal property
[39:12.440 --> 39:17.440]  described in the document or instrument that is the basis of the lien or claim.
[39:17.440 --> 39:22.440]  A person who fails to execute a release of the purported lien or claim
[39:22.440 --> 39:29.440]  within the period prescribed by section A2 is presumed to have had the intent to harm or defraud.
[39:29.440 --> 39:34.440]  An offense under this section is a class A misdemeanor.
[39:34.440 --> 39:38.440]  Wow. Well, he had no comment.
[39:38.440 --> 39:44.440]  That will officially jerk anot in his shorts.
[39:44.440 --> 39:55.440]  Okay. Yeah, that's the people, my friend, they're actually delivering there.
[39:55.440 --> 40:03.440]  His wife has the, it's the grandmother's house that they've put into,
[40:03.440 --> 40:10.440]  the grandmother put into some sort of trust that upon her passing away
[40:10.440 --> 40:15.440]  my friend's wife, you know, they inherit the house.
[40:15.440 --> 40:18.440]  Something's about a late spurned bead.
[40:18.440 --> 40:22.440]  But anyway, I didn't research that yet.
[40:22.440 --> 40:31.440]  But his illegality, does that prevent him from trying to do a mechanical bead that is perfected?
[40:31.440 --> 40:40.440]  I don't see that. He's deficient in notice. He didn't require, he didn't notice, you know,
[40:40.440 --> 40:50.440]  that the business and commerce code states on a homesteaded property, which it is homesteaded.
[40:50.440 --> 40:58.440]  Okay. You go into a lot of stuff that may not really be relevant or necessary.
[40:58.440 --> 41:02.440]  The guy was a journeyman.
[41:02.440 --> 41:04.440]  He was, okay, hold on, hold on.
[41:04.440 --> 41:11.440]  He's a journeyman who contracted to do a job he wasn't authorized to do.
[41:11.440 --> 41:17.440]  Yes. Actually, the criminal activity, yes.
[41:17.440 --> 41:24.440]  Okay. So the contract that he entered into was fraudulent from the beginning.
[41:24.440 --> 41:29.440]  Absolutely. Absolutely, yes.
[41:29.440 --> 41:31.440]  So this is, this is.
[41:31.440 --> 41:35.440]  Do I go to the court or do I need to?
[41:35.440 --> 41:45.440]  You take this, you send, first you send a certified mail and order, ordering him to release the lien.
[41:45.440 --> 41:50.440]  And when he doesn't, you go to the police and file a criminal charge.
[41:50.440 --> 41:57.440]  Okay. Yeah. This plumber seems to be a loose cannon.
[41:57.440 --> 42:05.440]  And I talked to the Enforcement Director of Plumber's Code Board of Examiners,
[42:05.440 --> 42:09.440]  and he wanted to know the guy's name.
[42:09.440 --> 42:17.440]  And so I have to admit that that should be a judgment call that my friend enters into.
[42:17.440 --> 42:27.440]  And so there's a $5,000 administrative fee for him violating, and then $1,000 per item.
[42:27.440 --> 42:34.440]  And we've tallied up about $11,000 or $12,000 in violations.
[42:34.440 --> 42:38.440]  You know, he's deficient on notice to the homeowner.
[42:38.440 --> 42:44.440]  He had no actual contract if it was illegal to begin with.
[42:44.440 --> 42:49.440]  So I guess we'll follow your advice.
[42:49.440 --> 42:57.440]  It's 39.42%.
[42:57.440 --> 43:04.440]  32.49.
[43:04.440 --> 43:05.440]  Yes, sir.
[43:05.440 --> 43:11.440]  And see if we can get him to, like you said, put a jerk in his shorts.
[43:11.440 --> 43:18.440]  Okay. I think we're going to, he's going to file a complaint with the Board of Examiners
[43:18.440 --> 43:28.440]  or students to get to report him for contracting with the public over and over and over.
[43:28.440 --> 43:33.440]  Okay. I'm sorry, Kenny. I'm having a terrible time understanding you.
[43:33.440 --> 43:35.440]  I'm going to get near a couple of words.
[43:35.440 --> 43:38.440]  Can I try calling back in?
[43:38.440 --> 43:39.440]  Yeah.
[43:39.440 --> 43:42.440]  Are you on a cell phone?
[43:42.440 --> 43:44.440]  Yes, sir.
[43:44.440 --> 43:47.440]  I'll try to find a place for you to get a better signal.
[43:47.440 --> 43:50.440]  Let me try the house phone.
[43:50.440 --> 43:53.440]  Randy, we're going to have to take a break.
[43:53.440 --> 43:56.440]  This is Rule of Law Radio with Randy Kelton.
[43:56.440 --> 44:02.440]  We'll be right back.
[44:02.440 --> 44:06.440]  Hello. My name is Stuart Smith from naturespureorganics.com.
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[44:37.440 --> 44:43.440]  That's 512-264-4043, naturespureorganics.com.
[44:43.440 --> 45:01.440]  Don't forget to like us on Facebook for information on events and our products.
[45:01.440 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
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[46:15.440 --> 46:22.440]  Thank you very much.
[46:45.440 --> 46:56.440]  We are back with Rule of Law Radio, Randy Kelton, bet pack.
[46:56.440 --> 46:58.440]  Randy, we've got a couple of callers.
[46:58.440 --> 47:00.440]  Which one did you want to pull on in?
[47:00.440 --> 47:02.440]  Okay.
[47:02.440 --> 47:05.440]  Now we're going to go to Oliver in Tennessee.
[47:05.440 --> 47:06.440]  Hello, Oliver.
[47:06.440 --> 47:08.440]  How you doing?
[47:08.440 --> 47:10.440]  Hello.
[47:10.440 --> 47:15.440]  Oliver, we are getting a terrible signal.
[47:15.440 --> 47:17.440]  Are you on a cell phone?
[47:17.440 --> 47:20.440]  I'm on a cell phone.
[47:20.440 --> 47:22.440]  Oh, that's better.
[47:22.440 --> 47:23.440]  Can you hear me now?
[47:23.440 --> 47:24.440]  Let me see how you sound.
[47:24.440 --> 47:26.440]  Oh, yes, much better.
[47:26.440 --> 47:28.440]  All right.
[47:28.440 --> 47:29.440]  All right.
[47:29.440 --> 47:30.440]  How you doing?
[47:30.440 --> 47:33.440]  I'm the one with the house situation.
[47:33.440 --> 47:35.440]  Yes.
[47:35.440 --> 47:40.440]  You're the one where they condemned your house and knocked it down.
[47:40.440 --> 47:41.440]  Yes.
[47:41.440 --> 47:43.440]  And demolished it.
[47:43.440 --> 47:50.440]  And then you checked the law, and they apparently did not have authority to do what they did.
[47:50.440 --> 47:52.440]  Right.
[47:52.440 --> 47:54.440]  They keep on saying that I was resident.
[47:54.440 --> 47:56.440]  Well, I want to go look at residents.
[47:56.440 --> 47:59.440]  Residents in the code are builders.
[47:59.440 --> 48:06.440]  They are contract builders, but that's why it's maintenance and building codes.
[48:06.440 --> 48:14.440]  So when I looked at all the definitions and then reread all the codes, it's way, way, way off.
[48:14.440 --> 48:16.440]  I spoke to Eddie.
[48:16.440 --> 48:22.440]  He told me to go file with the insurance company of the city.
[48:22.440 --> 48:23.440]  Now, wait a minute.
[48:23.440 --> 48:26.440]  File with an insurance company?
[48:26.440 --> 48:27.440]  That's what he said.
[48:27.440 --> 48:35.440]  Now, you can't file with the insurance company because when an insurance company insures someone,
[48:35.440 --> 48:40.440]  they don't take on responsibility for that person.
[48:40.440 --> 48:55.440]  If that person gets sued and incurs a law, the insurance company has a responsibility to pay back that person his loss.
[48:55.440 --> 49:03.440]  And by that, you have no claim against the insurance company because they didn't enter into a contract with you.
[49:03.440 --> 49:07.440]  They entered into a contract with the insured.
[49:07.440 --> 49:11.440]  So you never can make a claim against an insurance company.
[49:11.440 --> 49:18.440]  You have to make a claim against whoever the...
[49:18.440 --> 49:19.440]  I meant the city.
[49:19.440 --> 49:20.440]  I meant the city.
[49:20.440 --> 49:21.440]  That's right.
[49:21.440 --> 49:23.440]  You're correct.
[49:23.440 --> 49:28.440]  So it's the city who would have to make their claim to the insurance company, not you.
[49:28.440 --> 49:39.440]  Oh, well, I called up there and called the human resources, and they directed me to the city,
[49:39.440 --> 49:43.440]  their insurance policy adjuster, either attorney or whatever.
[49:43.440 --> 49:48.440]  And I talked to him, told him my situation, and he told me to come in, fill out the forms,
[49:48.440 --> 49:58.440]  and he explained to me that they're responsible for physical damages as far as paying me for any violations of law,
[49:58.440 --> 50:05.440]  like federal law, like they can do anything but physical violation as far as the house being tore down,
[50:05.440 --> 50:09.440]  my car being at the tow lot.
[50:09.440 --> 50:15.440]  He said if you can prove that they never had authority to be on your property,
[50:15.440 --> 50:24.440]  we would be able to cover that, but we can't cover all the other things that you can sue for until you sue for it.
[50:24.440 --> 50:25.440]  Okay.
[50:25.440 --> 50:27.440]  This is my point.
[50:27.440 --> 50:33.440]  Apparently, the insurance company has their own people that takes these complaints.
[50:33.440 --> 50:40.440]  The real point is the insurance company is not liable to you.
[50:40.440 --> 50:43.440]  They're liable to the insured.
[50:43.440 --> 50:48.440]  So when they send you to the insurance company, and the insurance company tells you,
[50:48.440 --> 50:52.440]  well, we can't pay for this, we can't pay for that, you don't care about that.
[50:52.440 --> 50:55.440]  Your claim is against the city.
[50:55.440 --> 50:56.440]  Right.
[50:56.440 --> 51:00.440]  And you tell the insurance company, well, you need to explain that to the city,
[51:00.440 --> 51:07.440]  because we're going to sue the city for this amount, and you'll either be liable or the city will be liable.
[51:07.440 --> 51:10.440]  For your part, you don't care who's liable.
[51:10.440 --> 51:12.440]  You get it from one or the other.
[51:12.440 --> 51:13.440]  I mean, yeah.
[51:13.440 --> 51:15.440]  I mean, he explained it in that fashion.
[51:15.440 --> 51:17.440]  He explained it in the same way.
[51:17.440 --> 51:25.440]  He explained that if I find a violation, I can get to you what I can by our laws.
[51:25.440 --> 51:28.440]  Everything else that you think that I haven't reimbursed you for,
[51:28.440 --> 51:33.440]  you're going to have to go through the court procedure to make us pay you for it.
[51:33.440 --> 51:34.440]  That's good.
[51:34.440 --> 51:38.440]  Then he's giving you really good information, and I went over that not to be pedantic,
[51:38.440 --> 51:47.440]  just so that everybody else listening would understand that who actually has the liability.
[51:47.440 --> 51:49.440]  They may want to push you to the insurance company,
[51:49.440 --> 51:55.440]  but it's actually whoever commits the act that has the liability.
[51:55.440 --> 51:59.440]  But it sounds like the insurance company is not going to be terribly hard to deal with.
[51:59.440 --> 52:01.440]  Be careful.
[52:01.440 --> 52:04.440]  You can get trapped.
[52:04.440 --> 52:09.440]  If the insurance company agrees to pay off a claim,
[52:09.440 --> 52:17.440]  be careful that you don't get trapped into this situation to where they say
[52:17.440 --> 52:23.440]  that you already accepted payment and therefore waived all your other claims.
[52:23.440 --> 52:25.440]  I understand.
[52:25.440 --> 52:28.440]  They're dirty rotten scoundrels.
[52:28.440 --> 52:31.440]  Okay, maybe they're not dirty rotten scoundrels,
[52:31.440 --> 52:38.440]  but you have to conduct yourself as if they are dirty rotten scoundrels.
[52:38.440 --> 52:40.440]  So be real careful about that.
[52:40.440 --> 52:43.440]  They'll try to get you on procedure.
[52:43.440 --> 52:45.440]  If you sign anything,
[52:45.440 --> 52:55.440]  make sure it very clearly stipulates what the claims are and the limits of those claims
[52:55.440 --> 52:58.440]  so that if they haven't addressed all of your claims,
[52:58.440 --> 53:04.440]  make sure the one that's not addressed or excluded from this contract.
[53:04.440 --> 53:06.440]  Okay.
[53:06.440 --> 53:08.440]  Does that make sense?
[53:08.440 --> 53:11.440]  Yeah, it makes sense.
[53:11.440 --> 53:19.440]  What can I do about the vehicle being towed?
[53:19.440 --> 53:22.440]  Sue them.
[53:22.440 --> 53:25.440]  Did they have authority to tow the vehicle?
[53:25.440 --> 53:30.440]  No, I've been trying to find paperwork.
[53:30.440 --> 53:33.440]  The tow company didn't have it.
[53:33.440 --> 53:35.440]  They told me that I had to go build and tow.
[53:35.440 --> 53:36.440]  I went to build and tow.
[53:36.440 --> 53:39.440]  I asked the director where the authority came from.
[53:39.440 --> 53:41.440]  He said he didn't have it.
[53:41.440 --> 53:45.440]  He didn't have no authority.
[53:45.440 --> 53:46.440]  He didn't get no paperwork.
[53:46.440 --> 53:49.440]  He didn't give the company anything.
[53:49.440 --> 53:52.440]  You should file a theft report.
[53:52.440 --> 53:54.440]  I tried to file a theft report.
[53:54.440 --> 53:56.440]  When I went to the police station,
[53:56.440 --> 53:59.440]  they told me that because the police was there,
[53:59.440 --> 54:03.440]  the police arrested me before they told my father.
[54:03.440 --> 54:09.440]  Then you need to go to a magistrate and file against the police.
[54:09.440 --> 54:13.440]  The magistrate told me I couldn't file against him.
[54:13.440 --> 54:17.440]  Then file against the magistrate.
[54:17.440 --> 54:21.440]  You're making this complicated.
[54:21.440 --> 54:28.440]  This is what we call just kind of running the routine on them.
[54:28.440 --> 54:31.440]  This is the tar baby.
[54:31.440 --> 54:33.440]  You go to the magistrate and you've got this little tar baby.
[54:33.440 --> 54:35.440]  You say, here, you want to touch it?
[54:35.440 --> 54:36.440]  Here, go ahead, touch it.
[54:36.440 --> 54:39.440]  The magistrate touched it.
[54:39.440 --> 54:43.440]  Failed to perform a duty he was required to perform.
[54:43.440 --> 54:46.440]  In the process, denied you the full and free access to or enjoyment of rights.
[54:46.440 --> 54:49.440]  That's going to be official misconduct.
[54:49.440 --> 54:55.440]  It's a Class A misdemeanor, even if the judge does it.
[54:55.440 --> 55:03.440]  So you take a complaint against that judge to a higher level judge.
[55:03.440 --> 55:12.440]  Was it his justice of the peace you took this first complaint to?
[55:12.440 --> 55:17.440]  I went to the police department.
[55:17.440 --> 55:20.440]  Then somebody told me to go to the sheriff's.
[55:20.440 --> 55:23.440]  When I went to the sheriff's, they took me to the magistrate because they were kind of confused.
[55:23.440 --> 55:25.440]  They didn't even know what to do.
[55:25.440 --> 55:28.440]  The whole situation started to strike.
[55:28.440 --> 55:30.440]  The magistrate said to me that...
[55:30.440 --> 55:31.440]  Okay, hold on.
[55:31.440 --> 55:39.440]  After each encounter, did you sit down and write out a statement of facts?
[55:39.440 --> 55:42.440]  No, but I had witnesses to witness.
[55:42.440 --> 55:47.440]  Sit down with your witness and write out a statement of facts.
[55:47.440 --> 55:51.440]  You write one and have your witness write one, then compare them.
[55:51.440 --> 55:56.440]  This is the most valuable thing you can do.
[55:56.440 --> 56:01.440]  And then you went to the police department and they refused to act.
[56:01.440 --> 56:04.440]  So you charged them with official misconduct.
[56:04.440 --> 56:07.440]  You went to the sheriff and he refused to act.
[56:07.440 --> 56:11.440]  You charged him with official misconduct.
[56:11.440 --> 56:17.440]  You get to the JP and the JP refused to act or whatever judge you went to.
[56:17.440 --> 56:21.440]  You charge him with official misconduct and you go to a higher level judge
[56:21.440 --> 56:26.440]  and just walk your way up all the way to the supreme.
[56:26.440 --> 56:30.440]  But how do you file the thing to file?
[56:30.440 --> 56:32.440]  How does that process work?
[56:32.440 --> 56:33.440]  Okay.
[56:33.440 --> 56:34.440]  Okay.
[56:34.440 --> 56:38.440]  I suggest you do it all by mail.
[56:38.440 --> 56:44.440]  You write up a complaint and you send it, a complaint against this last judge
[56:44.440 --> 56:48.440]  and send it to the next higher level judge.
[56:48.440 --> 56:52.440]  And when they send you back a nice letter saying,
[56:52.440 --> 56:56.440]  well, you have to go to the district attorney or some other BAS,
[56:56.440 --> 57:01.440]  then you make one up against that judge and send it to an even higher level judge.
[57:01.440 --> 57:08.440]  This will create you a lot of politics.
[57:08.440 --> 57:10.440]  This is how you get them.
[57:10.440 --> 57:14.440]  You'll wind up with these higher level judges going to the city saying,
[57:14.440 --> 57:21.440]  guys, you need to get this fixed, but we're going to work you over.
[57:21.440 --> 57:27.440]  The higher level the judge, the more sensitive he is to politics.
[57:27.440 --> 57:32.440]  And the more he's afraid that his next political opponent will use your complaint
[57:32.440 --> 57:39.440]  against him to keep him from getting elected.
[57:39.440 --> 57:42.440]  Telling you, Oliver, this is great fun.
[57:42.440 --> 57:48.440]  Is there a complaint section in the TPA code that I can read over and understand?
[57:48.440 --> 57:50.440]  How does it work?
[57:50.440 --> 57:51.440]  Wait a minute.
[57:51.440 --> 57:53.440]  I couldn't understand that.
[57:53.440 --> 57:58.440]  Is there a section in the law where I can still figure out how to complain for him?
[57:58.440 --> 57:59.440]  Yes.
[57:59.440 --> 58:04.440]  Just look, you'll have a criminal procedure code in Tennessee.
[58:04.440 --> 58:05.440]  Right.
[58:05.440 --> 58:08.440]  Read that section on, it's generally right at the beginning,
[58:08.440 --> 58:11.440]  the first two or three chapters, so I'll cover that.
[58:11.440 --> 58:16.440]  But look up filing complaints in the criminal procedure code.
[58:16.440 --> 58:21.440]  Okay, we're about to go to break, and we've got a whole board full of callers.
[58:21.440 --> 58:24.440]  Do you have anything else for us?
[58:24.440 --> 58:27.440]  No, I'll call it.
[58:27.440 --> 58:30.440]  Okay, thank you, Oliver.
[58:30.440 --> 58:32.440]  Take it away.
[58:32.440 --> 58:37.440]  All right, you're listening to Rule of Law Radio with Randy Kelton, vet pack.
[58:37.440 --> 58:42.440]  Call us at 512-646-1984.
[58:42.440 --> 58:50.440]  We'll be right back.
[58:50.440 --> 58:54.440]  If you like to make more definite progress in your walk with God,
[58:54.440 --> 58:57.440]  Bibles for America is offering a free study Bible
[58:57.440 --> 59:01.440]  and a set of free Christian books that can really help.
[59:01.440 --> 59:04.440]  The New Testament Recovery Version is one of the most comprehensive
[59:04.440 --> 59:06.440]  study Bibles available today.
[59:06.440 --> 59:09.440]  It's an accurate translation, and it contains thousands of footnotes
[59:09.440 --> 59:13.440]  that will help you to know God and to know the meaning of life.
[59:13.440 --> 59:18.440]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.440 --> 59:21.440]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.440 --> 59:25.440]  clearly presents God's plan of salvation growing in Christ
[59:25.440 --> 59:27.440]  and how to build up the church.
[59:27.440 --> 59:30.440]  To order your free New Testament Recovery Version
[59:30.440 --> 59:33.440]  and Basic Elements of the Christian Life,
[59:33.440 --> 59:40.440]  call Bibles for America toll free at 888-551-0102.
[59:40.440 --> 59:44.440]  That's 888-551-0102.
[59:44.440 --> 59:49.440]  Or visit us online at bfa.org.
[59:49.440 --> 01:00:00.440]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.440 --> 01:00:06.440]  The following use flash is brought to you by the Lone Star Lowdown.
[01:00:06.440 --> 01:00:10.440]  Markets for Friday the 17th of June 2016 are currently treading with gold
[01:00:10.440 --> 01:00:15.440]  at $1,290.58 an ounce, silver $17.39 an ounce,
[01:00:15.440 --> 01:00:18.440]  Texas crude $46.21 a barrel,
[01:00:18.440 --> 01:00:28.440]  and Bitcoin is still on the rise at $751 U.S. currency.
[01:00:28.440 --> 01:00:30.440]  Today in history, the year 1885,
[01:00:30.440 --> 01:00:34.440]  the Statue of Liberty arrives in New York City aboard the French ship Laser.
[01:00:34.440 --> 01:00:36.440]  It was designed by a French Freemason sculptor,
[01:00:36.440 --> 01:00:40.440]  Frédéric Auguste Bartholdi, and built by another French Freemason,
[01:00:40.440 --> 01:00:43.440]  Gustave Eiffel, famous for building the Eiffel Tower.
[01:00:43.440 --> 01:00:47.440]  Though the Statue of Liberty wasn't completed and dedicated until October 28, 1886,
[01:00:47.440 --> 01:00:49.440]  it first arrived to America from France.
[01:00:49.440 --> 01:00:54.440]  Today in history.
[01:00:54.440 --> 01:00:57.440]  In recent news, the United States is set to keep their destroyer,
[01:00:57.440 --> 01:01:00.440]  the USS Porter, in the Black Sea in spite of Russia warning that the U.S.
[01:01:00.440 --> 01:01:03.440]  patrolling there undermines their regional security,
[01:01:03.440 --> 01:01:06.440]  establishing its presence for over a month now.
[01:01:06.440 --> 01:01:09.440]  This initiative from the U.S. falls within a greater push for NATO
[01:01:09.440 --> 01:01:12.440]  to have a presence in the Black Sea in expectation of the NATO Summit
[01:01:12.440 --> 01:01:14.440]  and Warsaw next month.
[01:01:14.440 --> 01:01:16.440]  If you recall, the presence of U.S. warships in the Baltic Sea
[01:01:16.440 --> 01:01:20.440]  caused a near flyby by Russian fighter jets in which Secretary of State John Kerry
[01:01:20.440 --> 01:01:23.440]  said that the U.S. would have been within its rules of engagement
[01:01:23.440 --> 01:01:25.440]  and shooting them down.
[01:01:25.440 --> 01:01:27.440]  Navy Secretary Ray Mavis aboard the USS Mason,
[01:01:27.440 --> 01:01:29.440]  another U.S. destroyer in the Mediterranean,
[01:01:29.440 --> 01:01:33.440]  told Reuters on Thursday that, quote, we're going to be there.
[01:01:33.440 --> 01:01:35.440]  Speaking of the Black Sea, we're going to deter.
[01:01:35.440 --> 01:01:38.440]  That's the main reason we're there, to deter potential aggression.
[01:01:38.440 --> 01:01:41.440]  However, he did admit that, quote, if a decision is made to create a permanent force,
[01:01:41.440 --> 01:01:45.440]  of course, it would destabilize because that is not a NATO sea.
[01:01:45.440 --> 01:01:47.440]  Increasing tension between the two superpowers,
[01:01:47.440 --> 01:01:50.440]  the U.S. Navy deployed two aircraft carriers in the Mediterranean
[01:01:50.440 --> 01:01:53.440]  ahead of the NATO Summit as Washington seeks to balance an increase
[01:01:53.440 --> 01:01:59.440]  in Russian military activities also in the Mediterranean.
[01:01:59.440 --> 01:02:03.440]  A Texas state lawsuit accusing the State Department and other federal agencies
[01:02:03.440 --> 01:02:07.440]  of violating the Refugee Act of 1980 for failing to consult with state officials
[01:02:07.440 --> 01:02:11.440]  before resettling Syrian refugees within the state has been dismissed by a judge in Dallas.
[01:02:11.440 --> 01:02:14.440]  The lawsuit also charged that the nonprofit relief group,
[01:02:14.440 --> 01:02:17.440]  the International Rescue Committee, had breached its contract with the state of Texas.
[01:02:17.440 --> 01:02:19.440]  In his opinion released yesterday,
[01:02:19.440 --> 01:02:24.440]  Judge David Goodbay of the federal district court ruled that Texas's accusations had no legal merit.
[01:02:24.440 --> 01:02:28.440]  However, he didn't rule on whether the federal officials had violated the Refugee Act.
[01:02:28.440 --> 01:02:31.440]  Texas Attorney General Ken Paxton stated in response that, quote,
[01:02:31.440 --> 01:02:35.440]  I am disappointed with the court's determination that Texas cannot hold the federal government
[01:02:35.440 --> 01:02:38.440]  accountable to consult with us before resettling refugees here.
[01:02:38.440 --> 01:02:42.440]  We are considering our options moving forward to guarantee the safety of Texans
[01:02:42.440 --> 01:02:44.440]  from domestic and foreign threats.
[01:02:44.440 --> 01:02:47.440]  Lieutenant Governor Dan Patrick said in a statement that Texas has a right to know
[01:02:47.440 --> 01:02:50.440]  who the federal government is bringing to Texas, where they are being placed,
[01:02:50.440 --> 01:02:54.440]  and what they are doing to guarantee the safety of all Texans.
[01:02:54.440 --> 01:03:18.440]  This is Rick Rode with the lowdown for June 17, 2016.
[01:03:24.440 --> 01:03:27.440]  You're listening to Rule of Law Radio with Randy Kelton.
[01:03:27.440 --> 01:03:34.440]  This is Vet Pac, and I believe we're about to bring on Mark from Texas.
[01:03:34.440 --> 01:03:36.440]  Hello, Mark.
[01:03:36.440 --> 01:03:40.440]  Hi, Randy. Good evening. Can you hear me okay?
[01:03:40.440 --> 01:03:43.440]  You got kind of a ringy sound.
[01:03:43.440 --> 01:03:45.440]  Yeah, I'm on the cell phone.
[01:03:45.440 --> 01:03:49.440]  On the cell phone, I have a really good Bluetooth in the car, but I just fixed it.
[01:03:49.440 --> 01:03:53.440]  Anyway, hearing all right now?
[01:03:53.440 --> 01:03:58.440]  Not much better. I can understand you, though.
[01:03:58.440 --> 01:04:02.440]  It's not a great phone. Sorry about that.
[01:04:02.440 --> 01:04:08.440]  So last week we were talking about plenary jurisdiction and the potential for it to
[01:04:08.440 --> 01:04:16.440]  have been lost relative to a case I have where I had a judgment entered in my favor.
[01:04:16.440 --> 01:04:22.440]  There was then a subsequent order of non-suit with the plaintiff kind of trying
[01:04:22.440 --> 01:04:25.440]  to pretend they didn't know about that judgment.
[01:04:25.440 --> 01:04:29.440]  And then there was an order to set aside and then a motion to reopen.
[01:04:29.440 --> 01:04:36.440]  And you had said that if there were 30 days between some of these events,
[01:04:36.440 --> 01:04:41.440]  I wasn't 100% sure exactly where that would be, that the judge may have lost
[01:04:41.440 --> 01:04:45.440]  plenary jurisdiction. So I looked at the timeline.
[01:04:45.440 --> 01:04:50.440]  And so if I might, I figured I might share that with you.
[01:04:50.440 --> 01:04:54.440]  I definitely want to ask you if you think there's a shot at that.
[01:04:54.440 --> 01:05:02.440]  So the judgment in my favor for or the order for partial summary judgment,
[01:05:02.440 --> 01:05:07.440]  which dismisses the plaintiff's cause of action, was entered on June 30th,
[01:05:07.440 --> 01:05:09.440]  signed on June 27th.
[01:05:09.440 --> 01:05:17.440]  The order of non-suit was made and then basically it was made the day before,
[01:05:17.440 --> 01:05:23.440]  I guess, and then it was signed on August 7th, so well more than 30 days.
[01:05:23.440 --> 01:05:29.440]  The order to set aside that order of non-suit was signed on August 29th.
[01:05:29.440 --> 01:05:31.440]  That's within 30 days.
[01:05:31.440 --> 01:05:35.440]  And then the motion to reopen was within the 90 days required by the rules
[01:05:35.440 --> 01:05:40.440]  of procedure, at least in that state, on September 23rd.
[01:05:40.440 --> 01:05:46.440]  And it was an order to vacate and reopen, made immediately on September 24th.
[01:05:46.440 --> 01:05:48.440]  And that was signed.
[01:05:48.440 --> 01:05:51.440]  What do I have here? Do I have anything?
[01:05:51.440 --> 01:05:55.440]  I don't think, I think they made it within time limits.
[01:05:55.440 --> 01:05:57.440]  Yeah.
[01:05:57.440 --> 01:06:01.440]  And they did vacate all the orders.
[01:06:01.440 --> 01:06:09.440]  Yeah, he vacated the non-suit and then went ahead and reopened
[01:06:09.440 --> 01:06:12.440]  and vacated the order from June 30th.
[01:06:12.440 --> 01:06:16.440]  So all said that, that happened.
[01:06:16.440 --> 01:06:19.440]  I still have something here where there's a violation of the rules
[01:06:19.440 --> 01:06:24.440]  of civil procedure in that the plaintiff in this case never had a prima facie
[01:06:24.440 --> 01:06:26.440]  of valid cause of action.
[01:06:26.440 --> 01:06:29.440]  It's filed past the statute of limitations on its face
[01:06:29.440 --> 01:06:32.440]  and they never amended it in any way.
[01:06:32.440 --> 01:06:37.440]  And I still have a fraudulent assignment, which with Ivanova
[01:06:37.440 --> 01:06:42.440]  and some of these other things make it more easy to address this point.
[01:06:42.440 --> 01:06:48.440]  And I'm still interested in suing the judge for this violation of the rules
[01:06:48.440 --> 01:06:52.440]  of civil procedure, if I've got capacity to do that.
[01:06:52.440 --> 01:07:00.440]  And then having the vacation of his ruling in the plaintiff's favor.
[01:07:00.440 --> 01:07:06.440]  That goes, yeah, statute of limitations of him failing to hear it.
[01:07:06.440 --> 01:07:10.440]  Then that goes to procedural due process.
[01:07:10.440 --> 01:07:11.440]  Right.
[01:07:11.440 --> 01:07:14.440]  And he acted without subject matter jurisdiction.
[01:07:14.440 --> 01:07:19.440]  And you challenged his subject matter jurisdiction based on that, right?
[01:07:19.440 --> 01:07:20.440]  I did.
[01:07:20.440 --> 01:07:21.440]  It looked very pretty.
[01:07:21.440 --> 01:07:24.440]  I got a little bit of help from you, in fact.
[01:07:24.440 --> 01:07:30.440]  And I put in some relevant Arkansas cases.
[01:07:30.440 --> 01:07:32.440]  I think it was fairly relevant.
[01:07:32.440 --> 01:07:37.440]  But I'll say that I made that challenge and I said exactly what you
[01:07:37.440 --> 01:07:39.440]  and Steve had said to me.
[01:07:39.440 --> 01:07:40.440]  This is over a year ago.
[01:07:40.440 --> 01:07:46.440]  But I'd said essentially that the plaintiff lacks capacity to invoke
[01:07:46.440 --> 01:07:54.440]  the court's subject matter jurisdiction based on the complaint itself.
[01:07:54.440 --> 01:08:05.440]  So since you missed the appeal time, then sue the judge for the full amount
[01:08:05.440 --> 01:08:08.440]  of the property loss.
[01:08:08.440 --> 01:08:13.440]  And all the time it costs you, I'd sue him for three times the amount
[01:08:13.440 --> 01:08:17.440]  of the value of the property.
[01:08:17.440 --> 01:08:18.440]  All right.
[01:08:18.440 --> 01:08:20.440]  That's nice.
[01:08:20.440 --> 01:08:25.440]  And that would be the value of the property if it appraised in perfect condition.
[01:08:25.440 --> 01:08:26.440]  Yes.
[01:08:26.440 --> 01:08:28.440]  Yeah.
[01:08:28.440 --> 01:08:30.440]  You lost the benefit.
[01:08:30.440 --> 01:08:34.440]  He stole from you the benefit of the bargain.
[01:08:34.440 --> 01:08:36.440]  You had a right to that property.
[01:08:36.440 --> 01:08:40.440]  You had a right to sell it at fair market.
[01:08:40.440 --> 01:08:41.440]  Well, it was interesting.
[01:08:41.440 --> 01:08:42.440]  He stole it.
[01:08:42.440 --> 01:08:46.440]  It doesn't matter what you claim.
[01:08:46.440 --> 01:08:52.440]  As long as you can show some calculation as to how you got that claim.
[01:08:52.440 --> 01:08:53.440]  Right.
[01:08:53.440 --> 01:08:57.440]  Now, the other side's going to disagree with your calculation.
[01:08:57.440 --> 01:09:05.440]  But at the end of the day, there's only one number the jury's going to remember.
[01:09:05.440 --> 01:09:08.440]  That's the one you walked in the door with.
[01:09:08.440 --> 01:09:09.440]  Right.
[01:09:09.440 --> 01:09:11.440]  So you want that as high as you can get it.
[01:09:11.440 --> 01:09:15.440]  Everything will be compared to that number.
[01:09:15.440 --> 01:09:16.440]  Sure.
[01:09:16.440 --> 01:09:18.440]  That's good.
[01:09:18.440 --> 01:09:24.440]  As I believe you've already said, it's most likely that they're going to make some kind
[01:09:24.440 --> 01:09:27.440]  of offer to just make this go away.
[01:09:27.440 --> 01:09:28.440]  That'll be really smart.
[01:09:28.440 --> 01:09:36.440]  So if I sue the judge in federal court here in Texas, that's going to cause him a lot
[01:09:36.440 --> 01:09:37.440]  of trouble.
[01:09:37.440 --> 01:09:41.440]  Can't bargain the judge, but I could bargain the attorneys on the other side for aggravated
[01:09:41.440 --> 01:09:46.440]  perjury and have them all be parties here, I think.
[01:09:46.440 --> 01:09:47.440]  Right?
[01:09:47.440 --> 01:09:48.440]  Oh, yeah.
[01:09:48.440 --> 01:09:52.440]  And you can file a judicial conduct complaint against the judge.
[01:09:52.440 --> 01:09:55.440]  I didn't even know I could do that.
[01:09:55.440 --> 01:09:56.440]  Sounds good.
[01:09:56.440 --> 01:09:59.440]  So there's something to look into.
[01:09:59.440 --> 01:10:03.440]  That'll go to the judge's bond rating.
[01:10:03.440 --> 01:10:05.440]  Oh, nice.
[01:10:05.440 --> 01:10:11.440]  And would that strategically best be done before this suit would be filed?
[01:10:11.440 --> 01:10:13.440]  I think there was some...
[01:10:13.440 --> 01:10:14.440]  Yes.
[01:10:14.440 --> 01:10:19.440]  If you're going to bargrieve attorneys, do that first and then sue them if you've got
[01:10:19.440 --> 01:10:21.440]  capacity to do it, right?
[01:10:21.440 --> 01:10:22.440]  So...
[01:10:22.440 --> 01:10:26.440]  To bargrieve, it kind of gives them notice.
[01:10:26.440 --> 01:10:32.440]  It gives them notice that they could have a claim against them and they'll have to notify
[01:10:32.440 --> 01:10:34.440]  their insurance carrier.
[01:10:34.440 --> 01:10:35.440]  Yeah.
[01:10:35.440 --> 01:10:40.440]  If they don't, then they may not be insured.
[01:10:40.440 --> 01:10:47.440]  Well, I want them to be insured because I want their insurance to pay me, right?
[01:10:47.440 --> 01:10:52.440]  Well, you're likely to get in their pockets.
[01:10:52.440 --> 01:11:03.440]  If a lawyer gets sued for malpractice and his insurance doesn't cover it, if he doesn't
[01:11:03.440 --> 01:11:08.440]  pay the claim, they'll throw him out of the bar.
[01:11:08.440 --> 01:11:09.440]  Okay.
[01:11:09.440 --> 01:11:10.440]  That's nice.
[01:11:10.440 --> 01:11:11.440]  Yeah.
[01:11:11.440 --> 01:11:15.440]  That's like trying to collect child support from a military service member.
[01:11:15.440 --> 01:11:20.440]  It's going to happen.
[01:11:20.440 --> 01:11:24.440]  You just go to the base and they get it done, you know?
[01:11:24.440 --> 01:11:26.440]  That's what I hear.
[01:11:26.440 --> 01:11:29.440]  So, man, that's great.
[01:11:29.440 --> 01:11:31.440]  That's very, very good news.
[01:11:31.440 --> 01:11:36.440]  I'm going to have to start doing a little further digging into this.
[01:11:36.440 --> 01:11:42.440]  And in the grand scheme of things, just to be sure I'm playing this right, I believe
[01:11:42.440 --> 01:11:50.440]  I understood from you last week that if I have some capacity to sue the judge for a
[01:11:50.440 --> 01:11:56.440]  violation of my rights to due process because he reopened the case that was filed on its
[01:11:56.440 --> 01:12:01.440]  face past statute of limitations where he really didn't have subject matter jurisdiction
[01:12:01.440 --> 01:12:03.440]  in the first place, then...
[01:12:03.440 --> 01:12:04.440]  Yes.
[01:12:04.440 --> 01:12:05.440]  Yes.
[01:12:05.440 --> 01:12:07.440]  And let me clarify.
[01:12:07.440 --> 01:12:11.440]  You can't sue the judge for procedural due process.
[01:12:11.440 --> 01:12:17.440]  You can sue the state for procedural due process violation, not the judge.
[01:12:17.440 --> 01:12:23.440]  The only thing you can sue the judge for lack of subject matter jurisdiction.
[01:12:23.440 --> 01:12:24.440]  Okay.
[01:12:24.440 --> 01:12:26.440]  He has immunity.
[01:12:26.440 --> 01:12:28.440]  If he screwed up, he's immune.
[01:12:28.440 --> 01:12:34.440]  But if he was doing something that he never should have done in the first place, on the
[01:12:34.440 --> 01:12:41.440]  face of the document, it says, first date of acceleration, 2007, filed in 2013, five
[01:12:41.440 --> 01:12:43.440]  year statute of limitations.
[01:12:43.440 --> 01:12:47.440]  Doesn't matter what I said after that, he did the wrong thing and he should have told
[01:12:47.440 --> 01:12:50.440]  them, you need to fix this complaint and come back to me.
[01:12:50.440 --> 01:12:51.440]  But he didn't.
[01:12:51.440 --> 01:12:52.440]  That's what he should have done.
[01:12:52.440 --> 01:12:53.440]  Exactly.
[01:12:53.440 --> 01:12:54.440]  Yeah.
[01:12:54.440 --> 01:12:55.440]  Yes.
[01:12:55.440 --> 01:13:03.440]  By the time they got smart enough to realize it, any hope of being within the statute of
[01:13:03.440 --> 01:13:05.440]  limitations was already lost to them.
[01:13:05.440 --> 01:13:10.440]  So that's why they screwed it all up the way they did, which is very good.
[01:13:10.440 --> 01:13:15.440]  If I had just let their nonsense stand, that might have been a smart thing.
[01:13:15.440 --> 01:13:16.440]  I was hearing you...
[01:13:16.440 --> 01:13:19.440]  I've been listening and shout out to Mark in Wisconsin.
[01:13:19.440 --> 01:13:24.440]  I would definitely wish him the best, but I heard you say something to the effect that
[01:13:24.440 --> 01:13:29.440]  you had non-suited something because that gave you the capacity to have collateral
[01:13:29.440 --> 01:13:32.440]  estoppel and you got Wells Fargo in that case.
[01:13:32.440 --> 01:13:33.440]  Yes.
[01:13:33.440 --> 01:13:35.440]  But not enough.
[01:13:35.440 --> 01:13:38.440]  Yeah, they're stuck now.
[01:13:38.440 --> 01:13:41.440]  What do they do?
[01:13:41.440 --> 01:13:42.440]  Yeah.
[01:13:42.440 --> 01:13:46.440]  Well, in my case, this is a concern.
[01:13:46.440 --> 01:13:51.440]  A couple of things I want to just bounce off of you.
[01:13:51.440 --> 01:13:56.440]  One, in the hearing, I may have done something stupid.
[01:13:56.440 --> 01:14:00.440]  This judge was not really involved in judging much.
[01:14:00.440 --> 01:14:02.440]  He asked me a few questions.
[01:14:02.440 --> 01:14:09.440]  One thing he asked me when I put my motion or my challenge to subject matter jurisdiction,
[01:14:09.440 --> 01:14:12.440]  just kind of a notice to let him know I didn't ask him to do anything.
[01:14:12.440 --> 01:14:14.440]  I just asked him to be a judge.
[01:14:14.440 --> 01:14:22.440]  And he asked me if standing was an aspect of subject matter jurisdiction.
[01:14:22.440 --> 01:14:26.440]  And I think I had read a case, and it doesn't make sense to me that it wouldn't be,
[01:14:26.440 --> 01:14:29.440]  but I think I'd read a case that said it was not.
[01:14:29.440 --> 01:14:32.440]  So I said, as far as I know, it's not, rather than you're the judge,
[01:14:32.440 --> 01:14:35.440]  you're supposed to tell me or something like that.
[01:14:35.440 --> 01:14:37.440]  But anyway...
[01:14:37.440 --> 01:14:38.440]  No, that...
[01:14:38.440 --> 01:14:42.440]  Okay, that goes to making a proactive statement of law out of your own mouth,
[01:14:42.440 --> 01:14:44.440]  and it is meaningless.
[01:14:44.440 --> 01:14:46.440]  Yeah.
[01:14:46.440 --> 01:14:48.440]  He's supposed to know.
[01:14:48.440 --> 01:14:51.440]  But here's a question, just real quick.
[01:14:51.440 --> 01:14:55.440]  Is standing an aspect of subject matter jurisdiction?
[01:14:55.440 --> 01:14:57.440]  Absolutely.
[01:14:57.440 --> 01:14:59.440]  Absolutely it is.
[01:14:59.440 --> 01:15:00.440]  And it makes sense.
[01:15:00.440 --> 01:15:04.440]  You know what's really convoluted about all this is you have your affirmative defenses
[01:15:04.440 --> 01:15:06.440]  if you end up getting sued.
[01:15:06.440 --> 01:15:10.440]  You've got to plead some affirmative defenses within a timeframe
[01:15:10.440 --> 01:15:13.440]  or forever hold your peace.
[01:15:13.440 --> 01:15:21.440]  But if you don't, for example, recognize the statute of limitations as already expired,
[01:15:21.440 --> 01:15:25.440]  subject matter jurisdiction would still let you approach that
[01:15:25.440 --> 01:15:27.440]  because you can do it anytime even upon appeal, right?
[01:15:27.440 --> 01:15:29.440]  Is that safe to say?
[01:15:29.440 --> 01:15:31.440]  Exactly.
[01:15:31.440 --> 01:15:34.440]  So, nice.
[01:15:34.440 --> 01:15:39.440]  What I'm failing to see, and I'm curious about this, since this is an important term,
[01:15:39.440 --> 01:15:43.440]  you use it a lot, there's all kinds of Texas references.
[01:15:43.440 --> 01:15:45.440]  I go to the library at the University of Texas,
[01:15:45.440 --> 01:15:47.440]  and the law library's got a lot of things on it.
[01:15:47.440 --> 01:15:49.440]  In Arkansas, there's almost nothing.
[01:15:49.440 --> 01:15:52.440]  It's almost like we don't even know what we're talking about, I guess.
[01:15:52.440 --> 01:15:54.440]  And it's kind of a shame.
[01:15:54.440 --> 01:16:04.440]  But as far as it goes, subject matter jurisdiction is not the court's capacity
[01:16:04.440 --> 01:16:07.440]  to hear a certain type of matter.
[01:16:07.440 --> 01:16:11.440]  It's labeled as foreclosure, et cetera.
[01:16:11.440 --> 01:16:18.440]  Subject matter jurisdiction is the court's capacity to hear a specific matter
[01:16:18.440 --> 01:16:23.440]  based on its validity.
[01:16:23.440 --> 01:16:27.440]  I'm creating new jargon here.
[01:16:27.440 --> 01:16:28.440]  I'm sorry.
[01:16:28.440 --> 01:16:30.440]  Maybe I should just let you explain.
[01:16:30.440 --> 01:16:31.440]  Okay, sure.
[01:16:31.440 --> 01:16:33.440]  We're about to have to take a break.
[01:16:33.440 --> 01:16:35.440]  We'll be right back with that answer.
[01:16:35.440 --> 01:16:39.440]  This is Rule of Law Radio with Randy Kelton, Zet Pack.
[01:16:39.440 --> 01:16:42.440]  Please call us 512-646-1984.
[01:16:42.440 --> 01:16:46.440]  We've got a little over half an hour.
[01:16:46.440 --> 01:16:50.440]  I had all this cool stuff I was going to say.
[01:16:50.440 --> 01:16:52.440]  Well, you'll get to.
[01:16:52.440 --> 01:16:53.440]  I'll wait.
[01:16:53.440 --> 01:16:54.440]  We'll be right back.
[01:16:54.440 --> 01:17:06.440]  We'll be right back.
[01:17:24.440 --> 01:17:47.440]  We'll be right back.
[01:17:47.440 --> 01:18:01.440]  We'll be right back.
[01:18:01.440 --> 01:18:20.440]  We'll be right back.
[01:18:20.440 --> 01:18:35.440]  We'll be right back.
[01:18:35.440 --> 01:18:50.440]  We'll be right back.
[01:18:50.440 --> 01:19:05.440]  We'll be right back.
[01:19:05.440 --> 01:19:29.440]  We'll be right back.
[01:19:29.440 --> 01:19:31.440]  We are back with Rule of Law Radio.
[01:19:31.440 --> 01:19:35.440]  We are listening to Randy Kelton, Zet Pack, and we have Mark on the line.
[01:19:35.440 --> 01:19:38.440]  Okay, you guys, duel it out.
[01:19:38.440 --> 01:19:39.440]  Okay.
[01:19:39.440 --> 01:19:40.440]  Okay.
[01:19:40.440 --> 01:19:41.440]  All right.
[01:19:41.440 --> 01:19:45.440]  Agency standing and capacity.
[01:19:45.440 --> 01:19:56.440]  Let's say you are the CEO of a corporation and someone breaches a contract with your corporation.
[01:19:56.440 --> 01:19:58.440]  You have standing.
[01:19:58.440 --> 01:19:59.440]  All right.
[01:19:59.440 --> 01:20:01.440]  Let's say you're a lawyer for a corporation.
[01:20:01.440 --> 01:20:03.440]  Let me go follow this further.
[01:20:03.440 --> 01:20:05.440]  I backed up too soon.
[01:20:05.440 --> 01:20:18.440]  Say you're the CEO and you have standing, but you don't have the capacity to invoke the court because a corporation must be represented by counsel.
[01:20:18.440 --> 01:20:23.440]  So even though you have standing, you don't have capacity.
[01:20:23.440 --> 01:20:40.440]  Now, if you're a lawyer and you're the lawyer for the CEO, now you have agency to represent a client with standing and you have the capacity to petition the court.
[01:20:40.440 --> 01:20:51.440]  Or you could be in a position to where you had a claim, like in this case, but the claim expired.
[01:20:51.440 --> 01:20:54.440]  Now you're unable to invoke.
[01:20:54.440 --> 01:20:58.440]  You have no, well, you have a standing.
[01:20:58.440 --> 01:21:07.440]  You have no capacity to invoke the subject manager restriction because you cannot bring a controversy to the court.
[01:21:07.440 --> 01:21:16.440]  It requires a controversy in order to invoke the capacity of the court to hear your claim.
[01:21:16.440 --> 01:21:19.440]  I just helped a guy file one in Michigan.
[01:21:19.440 --> 01:21:29.440]  And the way the case law was written, the judge didn't like the way I read it, but I wrote the thing.
[01:21:29.440 --> 01:21:31.440]  But it was what the case law said.
[01:21:31.440 --> 01:21:46.440]  The court was incompetent to hear the instant case because the plaintiff was unable to bring a bona fide controversy before the court.
[01:21:46.440 --> 01:21:59.440]  So if you're a lawyer, you must have agency to represent a plaintiff with standing with a valid verifiable claim.
[01:21:59.440 --> 01:22:03.440]  And you must have the capacity to bring that claim before the court.
[01:22:03.440 --> 01:22:05.440]  Does that make sense, Mark?
[01:22:05.440 --> 01:22:06.440]  Yes, yes.
[01:22:06.440 --> 01:22:11.440]  I don't think I had that language in there that there was no bona fide controversy before the court.
[01:22:11.440 --> 01:22:14.440]  But I think it would have made sense to maybe add that.
[01:22:14.440 --> 01:22:16.440]  Nonetheless, it's still there.
[01:22:16.440 --> 01:22:22.440]  What I have is a situation here, last aspect of the question, and on we go.
[01:22:22.440 --> 01:22:34.440]  But being that now, unlike then, I can actually see from other cases that the assignment is void on its face, not just voidable.
[01:22:34.440 --> 01:22:41.440]  The assignment that presumably gave the plaintiff capacity to bring the suit in the first place.
[01:22:41.440 --> 01:22:44.440]  It's absolutely void.
[01:22:44.440 --> 01:22:54.440]  So the question I'm contemplating is would it make sense first to make some motion to vacate a void judgment?
[01:22:54.440 --> 01:23:07.440]  Show them things from the FDIC website that had been submitted in other cases that show that they were out of business in 2008 and couldn't have made this assignment, things like that.
[01:23:07.440 --> 01:23:11.440]  Yes, that's a good way to go at it.
[01:23:11.440 --> 01:23:20.440]  Quiet title action against that particular document coupled with a less pendent in the record.
[01:23:20.440 --> 01:23:28.440]  The less pendent will jerk a knot in the shorts of whoever purchased the property unless the bank got it back.
[01:23:28.440 --> 01:23:33.440]  Yeah, they bought it and then resold it.
[01:23:33.440 --> 01:23:41.440]  But what I'm curious about is, is it strategic to make this motion first and if the judge doesn't...
[01:23:41.440 --> 01:23:43.440]  Yes, that's what I'm saying.
[01:23:43.440 --> 01:23:50.440]  You file a quiet title action and at the same time you file a less pendence in the public record.
[01:23:50.440 --> 01:24:02.440]  The person the bank sold the property to, you would send him a notice of the less pendence and he is not going to be a happy camper.
[01:24:02.440 --> 01:24:04.440]  But he's not going to be upset at you.
[01:24:04.440 --> 01:24:10.440]  He's going to be upset at the bank that sold him this turkey.
[01:24:10.440 --> 01:24:18.440]  So what you're likely to do is get him because most likely he's purchased that property to flip.
[01:24:18.440 --> 01:24:24.440]  So good chance he's already done a lot of work to it and you drop a less pendence on him.
[01:24:24.440 --> 01:24:26.440]  Now he's stuck.
[01:24:26.440 --> 01:24:28.440]  He can't get his money back out.
[01:24:28.440 --> 01:24:32.440]  He is not going to be happy with the bank.
[01:24:32.440 --> 01:24:39.440]  So you're likely to bring the buyer in as an ally to you.
[01:24:39.440 --> 01:24:41.440]  Yes, now that sounds good.
[01:24:41.440 --> 01:24:51.440]  So for clarity, because this is good, a quiet title action with a less pendence strategically might be the first thing to do.
[01:24:51.440 --> 01:25:00.440]  And I'm going to have to make that action probably with the same judge or with someone that he knows.
[01:25:00.440 --> 01:25:12.440]  Well, if you sue the judge for acting without subject matter jurisdiction, that ends his participation.
[01:25:12.440 --> 01:25:25.440]  Okay, so what comes first, motion to vacate, the judge says no, then I sue the judge and it's worse for the judge because I'll probably win in federal court or the quiet title action.
[01:25:25.440 --> 01:25:42.440]  Let's say subject matter jurisdiction sued against the judge and then follow that immediately or at the same time, a quiet title action against this assignment.
[01:25:42.440 --> 01:25:46.440]  Okay, so we're going to attack that document.
[01:25:46.440 --> 01:25:51.440]  And in this instance, MERS can assign.
[01:25:51.440 --> 01:25:53.440]  I don't have to notice MERS.
[01:25:53.440 --> 01:25:58.440]  The party that supposedly made the assignment is out of business.
[01:25:58.440 --> 01:26:00.440]  I don't have to notice them either, I suppose.
[01:26:00.440 --> 01:26:02.440]  I suppose I notice nobody.
[01:26:02.440 --> 01:26:03.440]  I just put it in front of the courts.
[01:26:03.440 --> 01:26:04.440]  That makes sense.
[01:26:04.440 --> 01:26:05.440]  Put it in front of the court.
[01:26:05.440 --> 01:26:12.440]  And if MERS stands up and raises an issue, let them prove up their standing.
[01:26:12.440 --> 01:26:15.440]  Well, I have none in this state.
[01:26:15.440 --> 01:26:24.440]  So would you suggest that I do notice them and let them come try to? No, no.
[01:26:24.440 --> 01:26:27.440]  Yeah.
[01:26:27.440 --> 01:26:32.440]  You know, if the court wants you to notice them or if they somehow find out, you know, that's their business.
[01:26:32.440 --> 01:26:40.440]  Otherwise, you get your default judgment and they have to overcome a default.
[01:26:40.440 --> 01:26:49.440]  Well, this default judgment, I assume, is still going to be filed or I'm still going to be seeking it with the same judge probably, the same guy.
[01:26:49.440 --> 01:26:55.440]  No, if you have filed, you sue that judge, he's disqualified.
[01:26:55.440 --> 01:26:56.440]  Okay, okay.
[01:26:56.440 --> 01:26:57.440]  Now, duh.
[01:26:57.440 --> 01:26:59.440]  I'm not that stupid.
[01:26:59.440 --> 01:27:00.440]  Sue the judge first.
[01:27:00.440 --> 01:27:02.440]  He can't hear this.
[01:27:02.440 --> 01:27:04.440]  I don't want him hearing this.
[01:27:04.440 --> 01:27:07.440]  That's the whole history of it.
[01:27:07.440 --> 01:27:13.440]  He's history, even if he wins your case, he's still history.
[01:27:13.440 --> 01:27:14.440]  Okay.
[01:27:14.440 --> 01:27:23.440]  The quiet title action is doing nothing but practically asking the court to look at the validity of a document and tell me if I'm wrong.
[01:27:23.440 --> 01:27:33.440]  It does not matter if that document had some kind of substantial bearing on a case that went the wrong way against me after that.
[01:27:33.440 --> 01:27:36.440]  It has absolutely nothing to do with that.
[01:27:36.440 --> 01:27:38.440]  That makes this a pawn move.
[01:27:38.440 --> 01:27:41.440]  They're completely mutually exclusive.
[01:27:41.440 --> 01:27:49.440]  Yes, I've been hearing your chess analogies lately and you make them often enough that even there was something in your historical from last night, I think.
[01:27:49.440 --> 01:27:52.440]  But I'm kidding.
[01:27:52.440 --> 01:27:56.440]  The quiet title action is asking the court to look at the document.
[01:27:56.440 --> 01:28:05.440]  They're going to find in my favor if they're going to be honest, although this could be something which means I have to be ready for an appeal.
[01:28:05.440 --> 01:28:10.440]  I need to have some money set aside or have it all written up and ready to go.
[01:28:10.440 --> 01:28:20.440]  Then the motion to vacate, avoid judgment, probably never going to be necessary if the suit against the judge goes the way we would want and the judge would make a deal.
[01:28:20.440 --> 01:28:27.440]  I get the judge to go ahead and take care of that and they cover me with travel damages.
[01:28:27.440 --> 01:28:35.440]  Then I can sue, hopefully, the plaintiff in the case after they've been demolished by all of this.
[01:28:35.440 --> 01:28:37.440]  Does that make sense?
[01:28:37.440 --> 01:28:50.440]  Yes, because the settlement you get from the judge, that's harm and that's the harm the judge caused you.
[01:28:50.440 --> 01:28:56.440]  Now, the plaintiff, he also harmed you, so you get to go for him separately.
[01:28:56.440 --> 01:29:05.440]  I said plaintiff, I meant you'll be the plaintiff, the foreclosing entity.
[01:29:05.440 --> 01:29:08.440]  You get to take a shot at him too.
[01:29:08.440 --> 01:29:11.440]  Now, I have a loan servicer.
[01:29:11.440 --> 01:29:18.440]  They're probably the real plaintiff here, I think, regardless of that.
[01:29:18.440 --> 01:29:22.440]  The loan servicer sent me loads of dunning letters.
[01:29:22.440 --> 01:29:27.440]  They're in violation of FDCPA, so sue judge first.
[01:29:27.440 --> 01:29:39.440]  I believe since they sent me a tax document, then I can sue them for that as an FDCPA violation.
[01:29:39.440 --> 01:29:41.440]  We're going to have to take a break.
[01:29:41.440 --> 01:29:42.440]  Sure.
[01:29:42.440 --> 01:29:43.440]  I got this.
[01:29:43.440 --> 01:29:45.440]  This is Rule of Law Radio.
[01:29:45.440 --> 01:29:48.440]  You're listening to Randy Kelton, Vet Pac.
[01:29:48.440 --> 01:29:52.440]  Call us 512-646-1984.
[01:29:52.440 --> 01:30:02.440]  We'll be right back.
[01:30:02.440 --> 01:30:12.440]  Social network sites can be a privacy nightmare, but a new study says other websites may be leaking sensitive personal information about you too, and the problem is getting worse.
[01:30:12.440 --> 01:30:16.440]  I'm Dr. Catherine Albrecht, and I'll tell you more in just a moment.
[01:30:16.440 --> 01:30:18.440]  Privacy is under attack.
[01:30:18.440 --> 01:30:26.440]  When you give up data about yourself, you'll never get it back again, and once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.440 --> 01:30:31.440]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.440 --> 01:30:34.440]  Privacy, it's worth hanging on to.
[01:30:34.440 --> 01:30:41.440]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.440 --> 01:30:45.440]  Start over with StartPage.
[01:30:45.440 --> 01:30:47.440]  Quick, call a privacy plumber.
[01:30:47.440 --> 01:30:52.440]  Internet websites are leaking information like crazy, and the culprits aren't just Facebook and Twitter.
[01:30:52.440 --> 01:30:55.440]  Travel, health, and employment sites could be just as bad.
[01:30:55.440 --> 01:31:02.440]  Researchers found that 75 percent of websites leak information that could be used to track and profile consumers.
[01:31:02.440 --> 01:31:07.440]  Alarmingly, 90 percent of health websites leaked user search terms to third parties.
[01:31:07.440 --> 01:31:12.440]  Look up information on hemorrhoids or cancer, and there's no telling who might wind up with it.
[01:31:12.440 --> 01:31:16.440]  The study concludes that Internet privacy is a big problem, and it's getting worse.
[01:31:16.440 --> 01:31:22.440]  Just one more reason to stick with privacy-friendly websites like StartPage.com.
[01:31:22.440 --> 01:31:30.440]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.440 --> 01:31:35.440]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.440 --> 01:31:37.440]  The government says that fire brought it down.
[01:31:37.440 --> 01:31:42.440]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.440 --> 01:31:45.440]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.440 --> 01:31:48.440]  But thousands of my fellow first responders are dying.
[01:31:48.440 --> 01:31:49.440]  I'm not a conspiracy theorist.
[01:31:49.440 --> 01:31:50.440]  I'm a structural engineer.
[01:31:50.440 --> 01:31:52.440]  I'm a New York City correction officer.
[01:31:52.440 --> 01:31:53.440]  I'm an Air Force pilot.
[01:31:53.440 --> 01:31:54.440]  I'm a father who lost his son.
[01:31:54.440 --> 01:31:57.440]  We're Americans, and we deserve the truth.
[01:31:57.440 --> 01:32:00.440]  Go to RememberBuilding7.org today.
[01:32:00.440 --> 01:32:02.440]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.440 --> 01:32:05.440]  Did your home receive hail or wind damage from the recent storms?
[01:32:05.440 --> 01:32:08.440]  Come on, we all know the government caused it with their chemtrails,
[01:32:08.440 --> 01:32:10.440]  but good luck getting them to pay for it.
[01:32:10.440 --> 01:32:14.440]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.440 --> 01:32:15.440]  That's why you have insurance,
[01:32:15.440 --> 01:32:20.440]  and Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
[01:32:20.440 --> 01:32:26.440]  And we accept Bitcoin as a multiyear A-plus member of the Better Business Bureau with zero complaints.
[01:32:26.440 --> 01:32:31.440]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:31.440 --> 01:32:38.440]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.440 --> 01:32:40.440]  Mention the crypto show and get $100 off,
[01:32:40.440 --> 01:32:45.440]  and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.440 --> 01:32:50.440]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.440 --> 01:32:56.440]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.440 --> 01:32:58.440]  Discounts are based on full roof replacement.
[01:32:58.440 --> 01:33:01.440]  May not actually be kidding about chemtrails.
[01:33:01.440 --> 01:33:29.440]  You are listening to the Logos Radio Network.
[01:33:32.440 --> 01:33:35.440]  We are back with Rule of Law Radio.
[01:33:35.440 --> 01:33:38.440]  You're listening to Randy Kelton, vent pack.
[01:33:38.440 --> 01:33:41.440]  And Mark, I believe we're about to wrap you up.
[01:33:41.440 --> 01:33:45.440]  We've got a couple other callers who want to get on before we end the show.
[01:33:45.440 --> 01:33:52.440]  Yeah, Mark, we have something else because we've got two more callers running out of time.
[01:33:52.440 --> 01:33:53.440]  No, we're all good.
[01:33:53.440 --> 01:33:55.440]  I'm going to put some things together.
[01:33:55.440 --> 01:33:57.440]  I may call you another time here and there,
[01:33:57.440 --> 01:34:02.440]  but eventually we're going to contribute to Randy's beer fight.
[01:34:02.440 --> 01:34:09.440]  He just set it up so that I'm looking at good potential for things honestly to go my way,
[01:34:09.440 --> 01:34:14.440]  and I could end up with like $1.5 billion by the time I'm done.
[01:34:14.440 --> 01:34:18.440]  You always expect to win in the appeals.
[01:34:18.440 --> 01:34:22.440]  You never expect to win in the trial court.
[01:34:22.440 --> 01:34:23.440]  Right.
[01:34:23.440 --> 01:34:26.440]  In order to do that, you better be ready for it, right?
[01:34:26.440 --> 01:34:32.440]  And it's always better when you're the plaintiff.
[01:34:32.440 --> 01:34:37.440]  It's a whole lot more fun when you're going after them.
[01:34:37.440 --> 01:34:40.440]  Yeah, I like the sound of it.
[01:34:40.440 --> 01:34:41.440]  I'm going to figure it all out.
[01:34:41.440 --> 01:34:43.440]  Man, thank you very much.
[01:34:43.440 --> 01:34:46.440]  You've been invaluable to me and everybody else,
[01:34:46.440 --> 01:34:50.440]  and I hope my calling in is helping many other people, everybody else.
[01:34:50.440 --> 01:34:51.440]  Thanks to you all.
[01:34:51.440 --> 01:34:56.440]  You do make a good caller because you're a good, clear thinker, and I like that.
[01:34:56.440 --> 01:35:00.440]  That's why I spend so much time with you.
[01:35:00.440 --> 01:35:03.440]  You should see me when I'm sober.
[01:35:03.440 --> 01:35:06.440]  Oh, cool.
[01:35:06.440 --> 01:35:08.440]  Okay, thank you, Mark.
[01:35:08.440 --> 01:35:09.440]  Thank you.
[01:35:09.440 --> 01:35:13.440]  Okay, now we're going to go to Joe.
[01:35:13.440 --> 01:35:18.440]  I don't have a state on you, Joe.
[01:35:18.440 --> 01:35:24.440]  Hello, Joe, what do you have for us today?
[01:35:24.440 --> 01:35:25.440]  Hmm.
[01:35:25.440 --> 01:35:28.440]  I might have put Joe to sleep.
[01:35:28.440 --> 01:35:30.440]  Oh, that's not good.
[01:35:30.440 --> 01:35:35.440]  If you can hear me and I can't hear you, you might try hanging up and calling back again.
[01:35:35.440 --> 01:35:40.440]  Okay, now we're going to go to Jacob in Texas.
[01:35:40.440 --> 01:35:42.440]  Hello, Jacob.
[01:35:42.440 --> 01:35:44.440]  Hi, do you hear me?
[01:35:44.440 --> 01:35:47.440]  Yes, I can.
[01:35:47.440 --> 01:35:52.440]  Well, I have a pretty simple, hopefully quick question for you.
[01:35:52.440 --> 01:35:59.440]  I pushed forth a motion for a civic matter jurisdiction challenge.
[01:35:59.440 --> 01:36:01.440]  I have not gone to trial yet.
[01:36:01.440 --> 01:36:04.440]  It's just pretrial, but they want to have a pretrial hearing.
[01:36:04.440 --> 01:36:11.440]  My question to you is I've heard you talk about how they just dismissed you outright and it ruined all your fun,
[01:36:11.440 --> 01:36:18.440]  and I was wondering if I had a – if I didn't show up to this pretrial hearing, would I – I mean,
[01:36:18.440 --> 01:36:26.440]  I know it's technically going against the due process because they have not answered my challenge
[01:36:26.440 --> 01:36:28.440]  or subject matter jurisdiction.
[01:36:28.440 --> 01:36:31.440]  Oh, make sure you show up.
[01:36:31.440 --> 01:36:34.440]  I didn't show up to mine by mistake.
[01:36:34.440 --> 01:36:36.440]  I got to my date wrong.
[01:36:36.440 --> 01:36:38.440]  I really wanted to be there.
[01:36:38.440 --> 01:36:39.440]  Okay.
[01:36:39.440 --> 01:36:46.440]  Okay, when you get there, they will try to start the hearing, and you will say,
[01:36:46.440 --> 01:36:52.440]  objection, I am here at arm's length to the court.
[01:36:52.440 --> 01:36:59.440]  And what that means is I have not stipulated to the jurisdiction of this tribunal.
[01:36:59.440 --> 01:37:05.440]  I have a challenge to subject matter jurisdiction before the court.
[01:37:05.440 --> 01:37:09.440]  And then let the judge do what he does.
[01:37:09.440 --> 01:37:13.440]  And just let him talk about whatever he wants to talk about.
[01:37:13.440 --> 01:37:18.440]  Don't even – just object wholeheartedly outright at arm's length.
[01:37:18.440 --> 01:37:19.440]  Yeah.
[01:37:19.440 --> 01:37:23.440]  From there, then you go on and adjudicate your case.
[01:37:23.440 --> 01:37:31.440]  Did you get the information requests along with that subject matter jurisdiction challenge,
[01:37:31.440 --> 01:37:33.440]  or did you get yours?
[01:37:33.440 --> 01:37:35.440]  I sent out a bunch of them.
[01:37:35.440 --> 01:37:38.440]  Did I send you my challenge to subject matter jurisdiction?
[01:37:38.440 --> 01:37:40.440]  Yes, you did.
[01:37:40.440 --> 01:37:41.440]  Okay.
[01:37:41.440 --> 01:37:45.440]  Did I also send you the information requests?
[01:37:45.440 --> 01:37:48.440]  Oh, like interrogatories?
[01:37:48.440 --> 01:37:50.440]  No, no.
[01:37:50.440 --> 01:37:54.440]  Open records request to the city.
[01:37:54.440 --> 01:37:56.440]  No, you did not.
[01:37:56.440 --> 01:37:57.440]  Okay.
[01:37:57.440 --> 01:37:58.440]  Send me another email.
[01:37:58.440 --> 01:38:00.440]  I'll send you those.
[01:38:00.440 --> 01:38:01.440]  Okay.
[01:38:01.440 --> 01:38:04.440]  That's what got mine thrown out.
[01:38:04.440 --> 01:38:06.440]  Okay.
[01:38:06.440 --> 01:38:08.440]  They couldn't prove it up.
[01:38:08.440 --> 01:38:11.440]  Now, you're in – where are you at?
[01:38:11.440 --> 01:38:14.440]  Travis County, Austin.
[01:38:14.440 --> 01:38:16.440]  Oh, okay.
[01:38:16.440 --> 01:38:23.440]  Actually, Travis County can enforce the traffic code,
[01:38:23.440 --> 01:38:31.440]  but I guarantee you the officer who wrote the ticket is not going to have the certification.
[01:38:31.440 --> 01:38:34.440]  Okay.
[01:38:34.440 --> 01:38:38.440]  Yeah, and so you put in this specific request.
[01:38:38.440 --> 01:38:41.440]  There's two of them there.
[01:38:41.440 --> 01:38:45.440]  This was – mine was in Decatur text.
[01:38:45.440 --> 01:38:47.440]  It says, County C to Wise County.
[01:38:47.440 --> 01:38:50.440]  And I know the chief of police personally.
[01:38:50.440 --> 01:38:54.440]  You know, he was not a happy camper.
[01:38:54.440 --> 01:38:56.440]  Yeah.
[01:38:56.440 --> 01:39:03.440]  He called me, and I could hear him doing the chicken dance on the other side of the phone,
[01:39:03.440 --> 01:39:14.440]  but he wrote me a response stating that he could not provide the verifications for his officers
[01:39:14.440 --> 01:39:20.440]  because they do not enforce commercial traffic code.
[01:39:20.440 --> 01:39:27.440]  Well, he told me that on the phone, and I said, well, then, what code do you enforce?
[01:39:27.440 --> 01:39:37.440]  Well, and he's doing this, and I can hear him shifting from one foot to the other.
[01:39:37.440 --> 01:39:46.440]  Then I didn't show up in court, and a dirty rotten prosecutor dismissed my case and ruined all my fun.
[01:39:46.440 --> 01:39:56.440]  Because Rex said to me, he said, Mr. Kelton, you know you're not going to get the ruling you want in this court.
[01:39:56.440 --> 01:39:57.440]  I said, oh, no, I know that.
[01:39:57.440 --> 01:39:58.440]  Of course not.
[01:39:58.440 --> 01:40:02.440]  I'll get my ruling in the federal court.
[01:40:02.440 --> 01:40:09.440]  And I could just see him on the other side, oh, no, that dirty rotten scoundrel.
[01:40:09.440 --> 01:40:11.440]  I've hammered Rex.
[01:40:11.440 --> 01:40:13.440]  I haven't really hammered Rex.
[01:40:13.440 --> 01:40:16.440]  I kind of hammered one of his officers once.
[01:40:16.440 --> 01:40:18.440]  This officer did something really stupid.
[01:40:18.440 --> 01:40:24.440]  And I went to Rex, and he said, well, Mr. Kelton, he's really a good officer.
[01:40:24.440 --> 01:40:27.440]  He's just new, and he's got a lot to learn.
[01:40:27.440 --> 01:40:30.440]  I said, well, then I'll make you a deal, Rex.
[01:40:30.440 --> 01:40:31.440]  I won't file against him.
[01:40:31.440 --> 01:40:37.440]  If you'll bring him in here, because I don't want to say anything about him without him there to defend himself,
[01:40:37.440 --> 01:40:41.440]  and you don't pay any attention to what I say.
[01:40:41.440 --> 01:40:44.440]  And he said, fair enough.
[01:40:44.440 --> 01:40:51.440]  He brings the officer in, and I crawled right down his throat.
[01:40:51.440 --> 01:40:54.440]  Finally, I told him, I'm just disgusted with this whole thing.
[01:40:54.440 --> 01:40:55.440]  I'm done with you.
[01:40:55.440 --> 01:40:56.440]  You can go.
[01:40:56.440 --> 01:41:00.440]  He looks up at the chief, and the chief posted him to leave.
[01:41:00.440 --> 01:41:06.440]  He leaves, and Rex said, you're kind of rough on him, don't you think?
[01:41:06.440 --> 01:41:09.440]  I said, yeah, but it's probably good for him.
[01:41:09.440 --> 01:41:12.440]  And Rex said, yeah, it probably was.
[01:41:12.440 --> 01:41:15.440]  And then I didn't file on him.
[01:41:15.440 --> 01:41:17.440]  So he got a lot of respect for me.
[01:41:17.440 --> 01:41:21.440]  He found out that I wasn't just after these guys.
[01:41:21.440 --> 01:41:24.440]  But in this one, they chickened out.
[01:41:24.440 --> 01:41:26.440]  They chickened out.
[01:41:26.440 --> 01:41:28.440]  Don't expect Travis County to.
[01:41:28.440 --> 01:41:33.440]  Is it Travis County, so you'll be going before a JP?
[01:41:33.440 --> 01:41:35.440]  Yes, correct.
[01:41:35.440 --> 01:41:38.440]  Oh, wonderful, wonderful.
[01:41:38.440 --> 01:41:41.440]  You might get to sue the JP.
[01:41:41.440 --> 01:41:44.440]  We start suing JP's.
[01:41:44.440 --> 01:41:46.440]  You sue one JP.
[01:41:46.440 --> 01:41:50.440]  Every JP in the state of Texas will know about it.
[01:41:50.440 --> 01:41:52.440]  Oh, that's wonderful.
[01:41:52.440 --> 01:41:53.440]  Yeah.
[01:41:53.440 --> 01:41:54.440]  They will really get unhappy.
[01:41:54.440 --> 01:42:00.440]  All the JP's know who I am because of the things I've done to other JP's.
[01:42:00.440 --> 01:42:09.440]  When you sting one of them, they all find out about it.
[01:42:09.440 --> 01:42:11.440]  Go ahead.
[01:42:11.440 --> 01:42:18.440]  I feel like I've heard before you mentioning changing the title of your,
[01:42:18.440 --> 01:42:24.440]  or like the plate on your car or your vehicle, your motor transportation,
[01:42:24.440 --> 01:42:30.440]  traveling to change it so that it's private use only or not for hire.
[01:42:30.440 --> 01:42:31.440]  I don't know.
[01:42:31.440 --> 01:42:33.440]  It seems unsubstantiated.
[01:42:33.440 --> 01:42:36.440]  I haven't seemed to find anything in statute yet.
[01:42:36.440 --> 01:42:42.440]  That's probably from a Craig show.
[01:42:42.440 --> 01:42:51.440]  In Illinois, if you're driving a commercial vehicle and it's not a taxi cab,
[01:42:51.440 --> 01:42:56.440]  you have to have written on it, not for hire.
[01:42:56.440 --> 01:43:00.440]  It's always printed on the side of it.
[01:43:00.440 --> 01:43:08.440]  The reason you can put that on there is it gives them notice that you're not in commerce.
[01:43:08.440 --> 01:43:14.440]  It's not statutory, but it just goes to notice.
[01:43:14.440 --> 01:43:20.440]  That's why I had my DOT number on the back of my car.
[01:43:20.440 --> 01:43:22.440]  The DOT number gave them notice.
[01:43:22.440 --> 01:43:27.440]  I was filed with the federal department of transportation as a private operator,
[01:43:27.440 --> 01:43:29.440]  not in commerce.
[01:43:29.440 --> 01:43:32.440]  They had notice.
[01:43:32.440 --> 01:43:33.440]  There you go.
[01:43:33.440 --> 01:43:37.440]  Cynthia, we're about to have to take a break.
[01:43:37.440 --> 01:43:38.440]  All right.
[01:43:38.440 --> 01:43:39.440]  Are you ready?
[01:43:39.440 --> 01:43:45.440]  She's always doing that to me right when I get to the fun part.
[01:43:45.440 --> 01:43:46.440]  All right.
[01:43:46.440 --> 01:43:48.440]  This is Rule of Law Radio.
[01:43:48.440 --> 01:43:52.440]  You're listening to Randy Kelton, Vet Pack.
[01:43:52.440 --> 01:44:00.440]  We'll be right back.
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[01:46:22.440 --> 01:46:34.440]  We are back with Rule of Law Radio.
[01:46:34.440 --> 01:46:41.440]  You're listening to Randy Kelton, event pack, and we are about to wrap it up.
[01:46:41.440 --> 01:46:44.440]  The night is almost over, Randy.
[01:46:44.440 --> 01:46:50.440]  Yes, the time flies when you're having fun.
[01:46:50.440 --> 01:47:01.440]  Okay, Jacob, which JP are you going before?
[01:47:01.440 --> 01:47:04.440]  Hello, Jacob, did we lose you?
[01:47:04.440 --> 01:47:05.440]  I think we did.
[01:47:05.440 --> 01:47:07.440]  He may have gone to bed.
[01:47:07.440 --> 01:47:10.440]  Oh, I may have put him to sleep.
[01:47:10.440 --> 01:47:12.440]  I have that effect on people.
[01:47:12.440 --> 01:47:14.440]  Okay.
[01:47:14.440 --> 01:47:16.440]  I can see his spine.
[01:47:16.440 --> 01:47:18.440]  Is he there?
[01:47:18.440 --> 01:47:20.440]  Are you there, Jacob?
[01:47:20.440 --> 01:47:22.440]  I'm here.
[01:47:22.440 --> 01:47:23.440]  Oh, okay.
[01:47:23.440 --> 01:47:24.440]  Okay.
[01:47:24.440 --> 01:47:27.440]  We thought we'd lost you.
[01:47:27.440 --> 01:47:31.440]  Do you know which JP you're going before?
[01:47:31.440 --> 01:47:33.440]  I do.
[01:47:33.440 --> 01:47:38.440]  I know it's the number four, but I remember his specific name or her name, actually,
[01:47:38.440 --> 01:47:42.440]  so I know it's a T&L.
[01:47:42.440 --> 01:47:44.440]  Oh, yeah, not off the top of my head.
[01:47:44.440 --> 01:47:49.440]  I have to go back into my paperwork and look it up, but I'm in my car right now traveling, so.
[01:47:49.440 --> 01:47:51.440]  Oh, okay.
[01:47:51.440 --> 01:47:52.440]  Yeah.
[01:47:52.440 --> 01:47:54.440]  Traveling, not driving.
[01:47:54.440 --> 01:47:55.440]  Not driving.
[01:47:55.440 --> 01:47:56.440]  I'm traveling.
[01:47:56.440 --> 01:47:57.440]  I'm a traveler.
[01:47:57.440 --> 01:47:58.440]  Okay.
[01:47:58.440 --> 01:48:05.440]  Okay, so have you filed any motions in the case yet, other than the subject matter?
[01:48:05.440 --> 01:48:10.440]  I filed the challenge of subject matter jurisdiction with all the paperwork that he sent me with that.
[01:48:10.440 --> 01:48:17.440]  I filed also a motion to dismiss alongside that, but not a motion to, I just recently read it.
[01:48:17.440 --> 01:48:23.440]  It was like a motion to combine or conjunction, so I didn't do that together,
[01:48:23.440 --> 01:48:30.440]  but I figured they would just kind of claim it as pro se, you know, ignorance.
[01:48:30.440 --> 01:48:32.440]  But other than that, no, I have not.
[01:48:32.440 --> 01:48:34.440]  Oh, okay.
[01:48:34.440 --> 01:48:42.440]  You probably don't need to, but make sure you want to get these information requests.
[01:48:42.440 --> 01:48:49.440]  This is something that they really don't know about.
[01:48:49.440 --> 01:48:53.440]  They haven't seen it before and have no idea what to do with it.
[01:48:53.440 --> 01:49:03.440]  And if they've been hammered, they might just dismiss it just so they don't have to have to fight.
[01:49:03.440 --> 01:49:12.440]  There is another request I need to do a little research on and then put together.
[01:49:12.440 --> 01:49:16.440]  The Department of Public Safety keeps statistics,
[01:49:16.440 --> 01:49:28.440]  and one time I found on the DPS site statistics on how much each city collected in traffic fines.
[01:49:28.440 --> 01:49:36.440]  So I know there's a report that they have to produce that goes to the DPS.
[01:49:36.440 --> 01:49:41.440]  You know, the DPS are supposed to keep all the records and statistics.
[01:49:41.440 --> 01:49:43.440]  So there are reports they have to send to them.
[01:49:43.440 --> 01:49:51.440]  And one of the things, you know, I talk about addressing these from the perspective of playing chess.
[01:49:51.440 --> 01:49:58.440]  I want to ask them for stuff that will cause them to scratch their head.
[01:49:58.440 --> 01:50:03.440]  If you file a challenge, you file the challenge subject matter jurisdiction,
[01:50:03.440 --> 01:50:09.440]  and then you get these information requests asking for their,
[01:50:09.440 --> 01:50:16.440]  the police officer certification to enforce the traffic code.
[01:50:16.440 --> 01:50:27.440]  And then you ask for the report they're required to send to the DPS showing how much they've collected in traffic fines.
[01:50:27.440 --> 01:50:35.440]  Now, if they have a really smart attorney, he's going to say, why did he ask to see that?
[01:50:35.440 --> 01:50:41.440]  What has he got up his sleeve?
[01:50:41.440 --> 01:50:44.440]  That's exactly what we want to do.
[01:50:44.440 --> 01:50:52.440]  I use my requests to kind of give them an idea of where I'm going.
[01:50:52.440 --> 01:51:02.440]  If I threaten to file a private attorney general suit against you, you might or might not believe me.
[01:51:02.440 --> 01:51:07.440]  But if I ask the right questions and cause you to think,
[01:51:07.440 --> 01:51:14.440]  he asked that question because he's going to file a private attorney general suit against me, then it's true.
[01:51:14.440 --> 01:51:20.440]  So I try to craft my requests very carefully.
[01:51:20.440 --> 01:51:22.440]  I have had great fun with them.
[01:51:22.440 --> 01:51:28.440]  I was in Hazel and I asked for all of this certification.
[01:51:28.440 --> 01:51:35.440]  And the clerk I gave it to took my request and she went in the back and she came out a little while later
[01:51:35.440 --> 01:51:37.440]  and she had the request.
[01:51:37.440 --> 01:51:44.440]  And she said, Mr. Kelton, I read your request, but I don't understand what you're asking for.
[01:51:44.440 --> 01:51:45.440]  And so I just call the legislature.
[01:51:45.440 --> 01:51:49.440]  I'm sure they'll explain it.
[01:51:49.440 --> 01:51:53.440]  She stood there and looked at me like she wanted to slap me.
[01:51:53.440 --> 01:52:01.440]  And then she said, well, Mr. Kelton, could you clarify just what it is you're looking for?
[01:52:01.440 --> 01:52:07.440]  You see, she didn't understand exactly what I was looking for,
[01:52:07.440 --> 01:52:14.440]  but she's not allowed by law to ask, only generally.
[01:52:14.440 --> 01:52:15.440]  I'm sorry.
[01:52:15.440 --> 01:52:18.440]  She's not allowed to ask me why I want to see it.
[01:52:18.440 --> 01:52:20.440]  That's what she's trying to get to.
[01:52:20.440 --> 01:52:25.440]  She's trying to get me to be real specific so she'll know why I'm asking for this.
[01:52:25.440 --> 01:52:32.440]  So she said, can you be a little more, what did she call it, specific in your request?
[01:52:32.440 --> 01:52:34.440]  Oh, absolutely.
[01:52:34.440 --> 01:52:40.440]  I want to see exactly what I asked for in this request.
[01:52:40.440 --> 01:52:45.440]  And that time she really did want to slap me.
[01:52:45.440 --> 01:52:51.440]  Stood there and stared at me for a minute and then turned and stomped off.
[01:52:51.440 --> 01:52:55.440]  They never did answer.
[01:52:55.440 --> 01:52:59.440]  So when we came time for the hearing, before the hearing starts,
[01:52:59.440 --> 01:53:04.440]  I talked to the prosecutor and I told the prosecutor I wanted to file some complaints
[01:53:04.440 --> 01:53:10.440]  against the city manager for not responding to my information requests.
[01:53:10.440 --> 01:53:11.440]  I want to file them with you.
[01:53:11.440 --> 01:53:12.440]  Oh, man, how can you take them?
[01:53:12.440 --> 01:53:13.440]  I said, sure, Ken.
[01:53:13.440 --> 01:53:14.440]  You're a prosecutor attorney.
[01:53:14.440 --> 01:53:16.440]  I'm not going to take them.
[01:53:16.440 --> 01:53:18.440]  Come on, you big chicken.
[01:53:18.440 --> 01:53:21.440]  It's going to be a lot of fun and it won't be any fun for me.
[01:53:21.440 --> 01:53:23.440]  She says, we're going to go to trial today.
[01:53:23.440 --> 01:53:24.440]  I already got the jury.
[01:53:24.440 --> 01:53:25.440]  I said, no, I don't worry about that.
[01:53:25.440 --> 01:53:28.440]  We're not going to go to trial today.
[01:53:28.440 --> 01:53:29.440]  Oh, we're not?
[01:53:29.440 --> 01:53:31.440]  No, no, no.
[01:53:31.440 --> 01:53:34.440]  I got to challenge subject matter jurisdiction in several motions.
[01:53:34.440 --> 01:53:38.440]  You'll never get before this grant, this jury.
[01:53:38.440 --> 01:53:41.440]  And he said, I challenge subject matter jurisdiction.
[01:53:41.440 --> 01:53:43.440]  I said, you haven't read it?
[01:53:43.440 --> 01:53:44.440]  I'll read it, Mr. Skelton.
[01:53:44.440 --> 01:53:49.440]  He reads it, I guess he goes and reads it because we got into court
[01:53:49.440 --> 01:53:55.440]  and the judge just go into these trials and they called my name
[01:53:55.440 --> 01:53:58.440]  and he said, is the prosecution ready?
[01:53:58.440 --> 01:54:01.440]  No, Your Honor, the prosecution is not ready.
[01:54:01.440 --> 01:54:03.440]  Case dismissed.
[01:54:03.440 --> 01:54:05.440]  I object, I object.
[01:54:05.440 --> 01:54:08.440]  Mr. Skelton, you can't object to me dismissing the case.
[01:54:08.440 --> 01:54:10.440]  I said, sure I can.
[01:54:10.440 --> 01:54:14.440]  We were just about to get to the good part.
[01:54:14.440 --> 01:54:20.440]  Get out of my court.
[01:54:20.440 --> 01:54:26.440]  If they think you're coming after them and they don't know how you're coming
[01:54:26.440 --> 01:54:30.440]  after them, then if you want to get the case dismissed,
[01:54:30.440 --> 01:54:33.440]  there's a good chance that'll get it done.
[01:54:33.440 --> 01:54:42.440]  Because by asking really pointed questions, it is not clear what you're looking for.
[01:54:42.440 --> 01:54:51.440]  Well-crafted information requests are an art form and I have great fun with it.
[01:54:51.440 --> 01:54:55.440]  So have you fought one of these before?
[01:54:55.440 --> 01:55:00.440]  No, this will be my first go-around.
[01:55:00.440 --> 01:55:02.440]  It's cheap.
[01:55:02.440 --> 01:55:07.440]  It won't cost me a whole lot to fight it and it'll be good practice.
[01:55:07.440 --> 01:55:19.440]  Well, don't be surprised if they're aggressive, arrogant, and totally ignore law.
[01:55:19.440 --> 01:55:22.440]  I only assume that I'm going to lose.
[01:55:22.440 --> 01:55:28.440]  And if anything, if I win, then I'll be pleasantly surprised.
[01:55:28.440 --> 01:55:32.440]  Don't be surprised if you lose because they don't care what the law is.
[01:55:32.440 --> 01:55:34.440]  It's all about the money.
[01:55:34.440 --> 01:55:42.440]  But one thing that you can do that I'd like to see more people doing is keep in mind
[01:55:42.440 --> 01:55:49.440]  that they're all public servants and you, you are the master.
[01:55:49.440 --> 01:55:55.440]  When I go to court, judges are polite and respectful to me.
[01:55:55.440 --> 01:56:01.440]  If they're not, then ask them to get out off the bench and replace,
[01:56:01.440 --> 01:56:08.440]  have themselves replaced with a professional judge who's competent to rule over this tribunal.
[01:56:08.440 --> 01:56:11.440]  Oh, they do get real upset about that.
[01:56:11.440 --> 01:56:13.440]  Tough.
[01:56:13.440 --> 01:56:16.440]  And you're the servant, I'm the master.
[01:56:16.440 --> 01:56:23.440]  You want to raise your voice to someone, you go raise your voice to your stepchildren, not to me.
[01:56:23.440 --> 01:56:26.440]  You're unable to control your personal passions.
[01:56:26.440 --> 01:56:30.440]  You need to get down off that bench.
[01:56:30.440 --> 01:56:38.440]  H.G. Wells, in his outline of history, on speaking to the corruption of the popes during the Dark Ages,
[01:56:38.440 --> 01:56:46.440]  very aptly observed, the giver of the law most owes the law allegiance.
[01:56:46.440 --> 01:56:51.440]  He of all beings should behave as though the law compels him.
[01:56:51.440 --> 01:57:01.440]  But it is the universal failing of mankind that what we are given to administer, we promptly presume we own.
[01:57:01.440 --> 01:57:11.440]  They begin to think they own it and it's our job to let them know that they don't own it, we own it.
[01:57:11.440 --> 01:57:12.440]  But above all, have fun with it.
[01:57:12.440 --> 01:57:16.440]  Have you listened to this show much?
[01:57:16.440 --> 01:57:19.440]  Oh, I've been listening to this show for a few years now,
[01:57:19.440 --> 01:57:24.440]  but this is the first interaction I've had with the actual, the law.
[01:57:24.440 --> 01:57:28.440]  Okay, so you understand the routine.
[01:57:28.440 --> 01:57:37.440]  Well, I have a good grasp of it, but I don't have good practice and therefore I'm, you know, I have to squeak wheels.
[01:57:37.440 --> 01:57:40.440]  This will be good practice.
[01:57:40.440 --> 01:57:47.440]  First rule, never ask a public official to do anything you actually want him to do.
[01:57:47.440 --> 01:57:53.440]  Because when he doesn't, you got remedy that you can use against him.
[01:57:53.440 --> 01:57:59.440]  And if you never want him to do what you're asking him to do, you never get upset when he doesn't.
[01:57:59.440 --> 01:58:06.440]  And when you don't get upset when they don't, when they don't do what you want them to, they get confused.
[01:58:06.440 --> 01:58:12.440]  And they start wondering, what has he set us up for?
[01:58:12.440 --> 01:58:15.440]  And that really makes it fun.
[01:58:15.440 --> 01:58:18.440]  I am sorry, we are out of time.
[01:58:18.440 --> 01:58:24.440]  This is Randy Kelton, the pack, and that is going to take us out of here.
[01:58:24.440 --> 01:58:27.440]  All right.
[01:58:27.440 --> 01:58:29.440]  It was, it has been nice talking to everybody.
[01:58:29.440 --> 01:58:32.440]  You guys are doing really, really good out there.
[01:58:32.440 --> 01:58:35.440]  Keep listening and have a great weekend.
[01:58:35.440 --> 01:58:37.440]  Be safe.
[01:58:37.440 --> 01:58:50.440]  We'll see you next week.
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