ROL_2016-06-24_16k_Hr1-2.timecode
[00:00.000 --> 00:07.720] The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly
[00:07.720 --> 00:09.920] bulletins for the commodities market.
[00:09.920 --> 00:23.280] Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.280 --> 00:29.800] Markets for Wednesday the 22nd of June, 2016, are currently treading with gold at $1,265.56
[00:29.800 --> 00:36.920] an ounce, silver at $17.28 an ounce, Texas crude at $48.85 a barrel, and Bitcoin dropped
[00:36.920 --> 00:45.400] to $625 U.S. currency.
[00:45.400 --> 00:47.480] Today in history, the year?
[00:47.480 --> 00:52.240] Last year, 2015, South Carolina Governor Nikki Haley calls for the removal of the Confederate
[00:52.240 --> 00:56.560] flag from the State House grounds in the wake of the senseless killings in a Charleston
[00:56.560 --> 00:57.560] historic church.
[00:57.560 --> 01:02.440] It was this event which led to the nationwide ban on the Confederate Dixie flag.
[01:02.440 --> 01:11.120] Today in history, and recent news, House Democrats had a sit-down on the floor of the House chamber
[01:11.120 --> 01:12.120] today.
[01:12.120 --> 01:15.960] They effectively forced the House into a temporary recess as part of an effort to get Republicans
[01:15.960 --> 01:18.440] to vote on gun control legislation.
[01:18.440 --> 01:22.480] Representative John Lewis, Democrat from Georgia, a civil rights leader who led sit-ins all
[01:22.480 --> 01:26.800] throughout the 1960s, led the effort with sharp criticisms towards Congress for not
[01:26.800 --> 01:29.760] voting in favor to pass more gun restrictions.
[01:29.760 --> 01:33.400] Democrats are planning to essentially hijack the House floor both Wednesday and Thursday
[01:33.400 --> 01:36.080] in an effort to get gun control measures a hearing.
[01:36.080 --> 01:40.480] A spokeswoman for Representative Speaker of the House Paul Ryan, Ashley Strong, said
[01:40.480 --> 01:44.700] that, quote, the House cannot operate without members following the rules of the institution,
[01:44.700 --> 01:47.800] so the House has recess subject to the call of the chair.
[01:47.800 --> 01:51.840] As a minority party, Democrats have virtually no power over which bills are voted on.
[01:51.840 --> 01:55.720] The only thing they can do is protest or use procedural maneuvers, of which they plan to
[01:55.720 --> 01:58.800] do both this week, so keep your eyes on the House floor.
[01:58.800 --> 02:02.840] Ultimately, the goal is to force lawmakers to vote on a bipartisan bill that would give
[02:02.840 --> 02:07.960] the FBI and Attorney General the power to ban people on the controversial no-fly list
[02:07.960 --> 02:13.760] from purchasing firearms.
[02:13.760 --> 02:17.120] According to a government report by the Treasury Department released today, the trust fund
[02:17.120 --> 02:22.840] used to pay hospital insurance costs for Medicare will be emptied out by 2028, about two years
[02:22.840 --> 02:26.560] earlier than calculated, while the Social Security Trust Fund has enough cash to pay
[02:26.560 --> 02:29.200] full benefits for only another 18 years.
[02:29.200 --> 02:33.240] The trustees overseeing both stated that reforms are needed in order to avoid cutting health
[02:33.240 --> 02:36.040] care retirement benefits for Americans.
[02:36.040 --> 02:40.400] Acting Commissioner of the Social Security Administration Carolyn Culvin said that increasing
[02:40.400 --> 02:45.280] payroll taxes by slightly more than 1% could improve the solvency of the fund over the
[02:45.280 --> 02:46.720] next 75 years.
[02:46.720 --> 02:53.480] Maybe it's time we start looking for and creating options that don't involve Uncle Sam, because
[02:53.480 --> 03:22.840] this is Rick Roady with your Lowdown for June 22, 2016.
[03:24.200 --> 03:25.200] Yeah!
[03:25.200 --> 03:27.720] Bad boys, bad boys, whatcha gonna do?
[03:27.720 --> 03:30.400] Whatcha gonna do when they come for you?
[03:30.400 --> 03:33.040] Bad boys, bad boys, whatcha gonna do?
[03:33.040 --> 03:36.200] Whatcha gonna do when they come for you?
[03:36.200 --> 03:42.240] When you were eight and you had bad trees You'd go to school and learn the golden rules
[03:42.240 --> 03:44.740] So why are you acting like a bloody fool?
[03:44.740 --> 03:47.180] If you get high, then you must get cool!
[03:47.180 --> 03:50.180] Bad boys, bad boys, whatcha gonna do?
[03:50.180 --> 03:54.180] Whatcha gonna do when they come for you?
[03:54.180 --> 04:21.180] Bad boys, bad boys, whatcha gonna do?
[04:24.180 --> 04:29.180] I decided just to write up a press instead.
[04:29.180 --> 04:39.180] Ken Magnuson, he wrote up a scathing indictment of the bar explaining all of its failures
[04:39.180 --> 04:44.180] and advising a number of changes to be made.
[04:44.180 --> 04:49.180] Well, we've done all that in the past and for the most part these people are going to
[04:49.180 --> 04:52.180] do whatever they're going to do and they just ignore it.
[04:52.180 --> 04:56.180] So, I took a different approach this year.
[04:56.180 --> 05:03.180] I started out my statement by saying, don't mess with the bar.
[05:03.180 --> 05:07.180] As far as I'm concerned, the bar is perfect.
[05:07.180 --> 05:10.180] Don't do anything to it.
[05:10.180 --> 05:19.180] And those of you who listen to the show for any time, you understand why I'm saying that.
[05:19.180 --> 05:27.180] I went on to explain how if anyone files a bar grievance against a lawyer with the state
[05:27.180 --> 05:36.180] bar of Texas, no matter what they complain about, valid, invalid, makes no difference,
[05:36.180 --> 05:44.180] the state bar will send back to them a notice saying, we examined into your accusation and
[05:44.180 --> 05:49.180] find it does not rise to the level of misconduct.
[05:49.180 --> 05:51.180] It makes no difference what it is.
[05:51.180 --> 05:58.180] And then they'll take your complaint and your grievance and they will throw it in the trash.
[05:58.180 --> 06:00.180] And that's a good thing.
[06:00.180 --> 06:05.180] And the reason it's a good thing is their insurance carrier knows they'll throw it in the
[06:05.180 --> 06:07.180] trash.
[06:07.180 --> 06:11.180] So, how is the insurance carrier to gauge this level of risk?
[06:11.180 --> 06:16.180] A valid argument is to throw them all in the trash, by the numbers.
[06:16.180 --> 06:22.180] Just like if you buy a new car and take it down to Wal-Mart and come back out and somebody's
[06:22.180 --> 06:24.180] bashed in a fender.
[06:24.180 --> 06:26.180] The insurance company is going to come out and fix it.
[06:26.180 --> 06:28.180] They're going to double the rates.
[06:28.180 --> 06:31.180] You go back next month and somebody's bashed in another fender.
[06:31.180 --> 06:34.180] They're going to come out and fix it, cancel.
[06:34.180 --> 06:38.180] Your fault, their fault, nobody's fault, they don't care.
[06:38.180 --> 06:40.180] You are at a bad risk.
[06:40.180 --> 06:50.180] There are about 14 legal malpractice carriers in Texas.
[06:50.180 --> 06:51.180] I've looked them all up.
[06:51.180 --> 06:52.180] I've got an email list of them.
[06:52.180 --> 06:55.180] So, if anybody's going to file a bar grievance, let me know.
[06:55.180 --> 07:02.180] I'll send you that email list and you can CC it to all of these insurance carriers.
[07:02.180 --> 07:08.180] But all of those carriers are all underwritten by Lloyds of London.
[07:08.180 --> 07:11.180] They all have the same standards.
[07:11.180 --> 07:17.180] One bar grievance, your first-year practice, they cancel your malpractice insurance immediately.
[07:17.180 --> 07:20.180] Two grievances, any one-year practice, they'll cancel.
[07:20.180 --> 07:24.180] Three, they'll cancel your law firm's malpractice insurance.
[07:24.180 --> 07:32.180] And I'm telling the bar, since the State Bar Association, as it is, is absolutely worthless
[07:32.180 --> 07:42.180] as an oversight agency for Texas lawyers, they create a situation where I can take
[07:42.180 --> 07:49.180] incredible unfair advantage of lawyers and explain to people, if you get a lawyer,
[07:49.180 --> 07:54.180] you need to understand that lawyers are in business.
[07:54.180 --> 07:56.180] These guys aren't Perry Mason.
[07:56.180 --> 08:02.180] They're not here to protect the weak and defend the downtrodden.
[08:02.180 --> 08:04.180] Their business is to make money.
[08:04.180 --> 08:06.180] It's all about making money.
[08:06.180 --> 08:12.180] When you go to a lawyer, they give you this song and dance and sell, throw down your pants.
[08:12.180 --> 08:14.180] They pay all this stuff.
[08:14.180 --> 08:17.180] They're going to do what a great case you have.
[08:17.180 --> 08:21.180] Now, we can whip them big time.
[08:21.180 --> 08:26.180] All that lawyer's trying to do is get your retainer.
[08:26.180 --> 08:35.180] Once he's got your retainer, he's got this set of motions and responses that he knows
[08:35.180 --> 08:40.180] the lawyer on the other side has the same motions.
[08:40.180 --> 08:45.180] So they do this flurry of motions back and forth.
[08:45.180 --> 08:50.180] One lawyer reaches in his drawer, pulls out the standard motion, files it.
[08:50.180 --> 08:55.180] The other lawyer, he reaches in his drawer and pulls out his standard answer,
[08:55.180 --> 08:58.180] puts his client's name on it, and files it back.
[08:58.180 --> 09:03.180] And they fire these things back and forth until they use up your retainer.
[09:03.180 --> 09:10.180] You see, the charge is if they write out each one of these motions just for your case,
[09:10.180 --> 09:13.180] they never tell you they already got them written out.
[09:13.180 --> 09:18.180] So they use this to use a retainer.
[09:18.180 --> 09:23.180] Once you've used up your retainer, they don't want to mess with you anymore.
[09:23.180 --> 09:29.180] They do not want to go into court and actively adjudicate your issues.
[09:29.180 --> 09:32.180] They're afraid to.
[09:32.180 --> 09:35.180] When a lawyer goes into court before these arrogant,
[09:35.180 --> 09:43.180] self-serving, self-righteous judges, he must so dangling by his bar card.
[09:43.180 --> 09:48.180] A judge can jerk his bar card on a whim.
[09:48.180 --> 09:52.180] And these lawyers are afraid they'll do just exactly that.
[09:52.180 --> 10:00.180] Now, maybe these judges aren't self-serving, self-righteous, no good scoundrels.
[10:00.180 --> 10:03.180] But lawyers believe they are.
[10:03.180 --> 10:10.180] Lawyers know that a judge can sanction them at their caprice
[10:10.180 --> 10:13.180] just because they don't like the way the lawyer parts his hair.
[10:13.180 --> 10:17.180] A judge can pretty well do anything he wants to do to a lawyer.
[10:17.180 --> 10:24.180] So you and I, as persons having to hire lawyers,
[10:24.180 --> 10:27.180] we need to understand how to deal with them.
[10:27.180 --> 10:32.180] And I explain to people how it's not about law.
[10:32.180 --> 10:37.180] You'll never win your case simply because you have the law and facts on your side.
[10:37.180 --> 10:42.180] You'll win if you have the politics on your side.
[10:42.180 --> 10:46.180] And all politics is local.
[10:46.180 --> 10:51.180] And for the most part, it all centers around the money.
[10:51.180 --> 10:54.180] So when you go and sit down in the courtroom,
[10:54.180 --> 10:56.180] it's like you're sitting at a four-sided chess board.
[10:56.180 --> 11:01.180] You're sitting at the table to write as your lawyer,
[11:01.180 --> 11:04.180] to help disposing counsel across from you as a judge.
[11:04.180 --> 11:06.180] You have a relation with your lawyer.
[11:06.180 --> 11:10.180] Your lawyer has a relationship with opposing counsel and with the judge.
[11:10.180 --> 11:13.180] And they both have a relationship with your lawyer.
[11:13.180 --> 11:15.180] You're the odd man out.
[11:15.180 --> 11:19.180] If you're going to win your case, you need to invoke a little politics.
[11:19.180 --> 11:25.180] And the best politics you can invoke goes to plausible deniability.
[11:25.180 --> 11:30.180] You want to give your lawyer plausible deniability.
[11:30.180 --> 11:37.180] So he can go to opposing counsel and judge and say, guys, we all know each other.
[11:37.180 --> 11:38.180] We all work together.
[11:38.180 --> 11:41.180] You got to help me out here.
[11:41.180 --> 11:45.180] I got myself an unruly client.
[11:45.180 --> 11:48.180] You guys got to help me out with this unruly client,
[11:48.180 --> 11:51.180] and I'll pay you back on the next client.
[11:51.180 --> 11:54.180] We'll get real good to your benefit.
[11:54.180 --> 11:56.180] You just got to help me on this one.
[11:56.180 --> 12:01.180] The way you do that at your bar group, you don't negotiate with him.
[12:01.180 --> 12:03.180] You don't warn him.
[12:03.180 --> 12:06.180] It doesn't do what you believe he should do.
[12:06.180 --> 12:08.180] Grieve him.
[12:08.180 --> 12:10.180] Oh, and he's going to get real excited.
[12:10.180 --> 12:13.180] But if he says one thing to you, one word to you at the bar group,
[12:13.180 --> 12:16.180] would you bar group him for that?
[12:16.180 --> 12:18.180] Now he's going to go with the lawyers on the other side and say,
[12:18.180 --> 12:23.180] I've got a client here who's busting my chops.
[12:23.180 --> 12:27.180] You got to do something to help me get him out of here.
[12:27.180 --> 12:37.180] And the last case I had, they dismissed the case to protect my lawyer from me.
[12:37.180 --> 12:43.180] I'd already told the lawyer that he's telling me how things are going to go
[12:43.180 --> 12:45.180] because he appointed this lawyer for me.
[12:45.180 --> 12:46.180] I didn't ask him.
[12:46.180 --> 12:49.180] They just decided I need one and appointed me a lawyer.
[12:49.180 --> 12:50.180] And he's telling me how things are going.
[12:50.180 --> 12:52.180] And I said, no, no, no, no, that's not how things are going to go.
[12:52.180 --> 12:54.180] Well, how are they going to go, Mr. Kelton, with this?
[12:54.180 --> 12:56.180] How are they going to go?
[12:56.180 --> 13:00.180] You're going to go to the judge and ask the judge to remove you from this case.
[13:00.180 --> 13:02.180] And I'm going to go to the judge and tell the judge,
[13:02.180 --> 13:04.180] don't you dare remove him from this case.
[13:04.180 --> 13:06.180] He's my lawyer of choice.
[13:06.180 --> 13:08.180] And he's under contract.
[13:08.180 --> 13:11.180] And the lawyer said, Mr. Kelton, I'm not under contract with you.
[13:11.180 --> 13:14.180] I'm under contract with the state because he was court appointed.
[13:14.180 --> 13:16.180] I said, yes, you are.
[13:16.180 --> 13:22.180] But I am the third party beneficiary and I have standing before the contract.
[13:22.180 --> 13:24.180] And the judge is going to remove you from the case.
[13:24.180 --> 13:25.180] And he said, yes, you are.
[13:25.180 --> 13:29.180] Then I get to sue the judge for interfering with the private contract.
[13:29.180 --> 13:35.180] And the lawyer sat back in his chair and looked at me and could see it in his eyes.
[13:35.180 --> 13:38.180] He's going to give me this board.
[13:38.180 --> 13:45.180] That lawyer told me that if he said it once, he said it at least 20 times.
[13:45.180 --> 13:47.180] Then I was going to give him this board.
[13:47.180 --> 13:49.180] I wanted a Frank's hearing.
[13:49.180 --> 13:53.180] Frank's hearing is a hearing for the purpose of determining the veracity
[13:53.180 --> 13:57.180] of the police officer who testified for a magisterial secure warrant.
[13:57.180 --> 13:58.180] Why can't you do that?
[13:58.180 --> 14:00.180] You have to subpoena a judge.
[14:00.180 --> 14:01.180] I said, yes, I know.
[14:01.180 --> 14:05.180] Why can't you have a judge on the stand to get this board?
[14:05.180 --> 14:07.180] Don't worry about it.
[14:07.180 --> 14:08.180] I'll examine him.
[14:08.180 --> 14:11.180] He hadn't lived until I worked him over.
[14:11.180 --> 14:14.180] Oh, Mr. Kelton, you're going to give me this board.
[14:14.180 --> 14:16.180] We went out to lunch.
[14:16.180 --> 14:22.180] They dismissed the case to protect my lawyer from me.
[14:22.180 --> 14:26.180] If you're going to win your case, you have to understand the politics.
[14:26.180 --> 14:29.180] And this is why I explained to the legislators.
[14:29.180 --> 14:34.180] And so because we have the ability to file bar grievances
[14:34.180 --> 14:38.180] and because the bar throws them out,
[14:38.180 --> 14:44.180] the insurance carriers can't gauge their level of risk by valid bar grievances,
[14:44.180 --> 14:46.180] so they just do it by the numbers.
[14:46.180 --> 14:50.180] So if I bar-grieve that lawyer because you're claiming that the shyster
[14:50.180 --> 14:54.180] parts his hair on the left, it doesn't make any difference.
[14:54.180 --> 15:00.180] If I charged him with stealing an old lady's entire estate
[15:00.180 --> 15:03.180] and throwing her out on the street and causing her to have a stroke,
[15:03.180 --> 15:05.180] I'm going to get a letter back saying,
[15:05.180 --> 15:10.180] we examined into your Accusation 5 that does not rise to the level of misconduct.
[15:10.180 --> 15:14.180] So I can bar-grieve you for anything.
[15:14.180 --> 15:18.180] And what I do is going to double the malpractice insurance at least.
[15:18.180 --> 15:20.180] And it generally starts at $25,000 a year.
[15:20.180 --> 15:22.180] I'm going to cost these lawyers a fortune.
[15:22.180 --> 15:26.180] I'm likely to put some of them out of business.
[15:26.180 --> 15:30.180] You see, guys, I don't need you to pull this legal profession.
[15:30.180 --> 15:32.180] We can do that ourselves.
[15:32.180 --> 15:36.180] So ask the bar, ask the Sunset Commission.
[15:36.180 --> 15:37.180] Just leave the bar alone.
[15:37.180 --> 15:39.180] It's perfect like it is.
[15:39.180 --> 15:47.180] We can have great fun with it and use your failure or the bar's failure
[15:47.180 --> 15:50.180] to our own advantage.
[15:50.180 --> 15:52.180] Now, I do have the phones open.
[15:52.180 --> 15:55.180] We'll keep the phones open all night.
[15:55.180 --> 16:01.180] If you have a question or a comment, give us a call, 512-646-1984.
[16:01.180 --> 16:04.180] They're pretty well open to any subjects.
[16:04.180 --> 16:07.180] So give us a call.
[16:07.180 --> 16:13.180] And also, during the break, she might have a look at our sponsors.
[16:13.180 --> 16:17.180] We're struggling to keep this show on the air.
[16:17.180 --> 16:23.180] The hosts, none of the hosts paid for doing these shows.
[16:23.180 --> 16:27.180] And for the most part, we pay out of our pocket to keep this thing going.
[16:27.180 --> 16:31.180] And sometimes it gets kind of difficult.
[16:31.180 --> 16:33.180] We do need to upgrade some of our equipment.
[16:33.180 --> 16:38.180] So during the break, you might go to logosradionetwork.com
[16:38.180 --> 16:41.180] and have a look at some of our sponsors.
[16:41.180 --> 16:44.180] Have a look at that blue banner from Mike Burris.
[16:44.180 --> 16:48.180] He'll show you how to get credit card companies to pay you to go away
[16:48.180 --> 16:49.180] and leave them alone.
[16:49.180 --> 16:51.180] We've got jurisdiction here.
[16:51.180 --> 16:54.180] We've got a whole bunch of sponsors.
[16:54.180 --> 16:56.180] You may need some of their products.
[16:56.180 --> 16:58.180] And help keep this show on the air.
[16:58.180 --> 17:00.180] Hang on.
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[19:10.180 --> 19:37.180] Thank you, Justice.
[19:37.180 --> 19:46.180] Okay, we are back.
[19:46.180 --> 19:47.180] We're into Kelton.
[19:47.180 --> 19:49.180] That packed with our late radio.
[19:49.180 --> 19:52.180] We're having a little trouble getting that on tonight.
[19:52.180 --> 19:55.180] We seem to be having some technical difficulties,
[19:55.180 --> 19:57.180] but we'll bring it up as we can.
[19:57.180 --> 20:00.180] I'm going to go to Joe in Texas.
[20:00.180 --> 20:03.180] Joe, what do you have for us today?
[20:03.180 --> 20:08.180] Randy, can you hear me good?
[20:08.180 --> 20:09.180] I can hear you.
[20:09.180 --> 20:12.180] Are you on a headset?
[20:12.180 --> 20:17.180] No, I'm just talking to my cell phone.
[20:17.180 --> 20:19.180] Okay, try to move it a little away from your mouth.
[20:19.180 --> 20:22.180] I'm getting some really serious distortion.
[20:22.180 --> 20:24.180] Can you hear me now?
[20:24.180 --> 20:27.180] That's better, yes.
[20:27.180 --> 20:33.180] I have a situation where I was incarcerated for one week at the county,
[20:33.180 --> 20:36.180] and when I was released,
[20:36.180 --> 20:42.180] it so happened that somebody was trying to use my credit card there at the county.
[20:42.180 --> 20:46.180] Wow.
[20:46.180 --> 20:51.180] And I went to the county and talked to a detective,
[20:51.180 --> 20:57.180] and my credit card is trying to find the fraudulent where it came from.
[20:57.180 --> 21:01.180] And so I was going to ask you, how would I go about...
[21:01.180 --> 21:05.180] Do I file a criminal complaint against the county?
[21:05.180 --> 21:09.180] No, go to the Texas Rangers.
[21:09.180 --> 21:11.180] The Texas Rangers?
[21:11.180 --> 21:14.180] Yes.
[21:14.180 --> 21:17.180] Okay.
[21:17.180 --> 21:24.180] Ron Earl, he was the district attorney for Travis County,
[21:24.180 --> 21:30.180] talked the legislators into funding a public integrity unit
[21:30.180 --> 21:33.180] for the district attorney's office.
[21:33.180 --> 21:40.180] And then Ron Earl used that public integrity unit to crucify his political unit.
[21:40.180 --> 21:45.180] And a couple other prosecutors did the same thing.
[21:45.180 --> 21:57.180] The last legislature removed the public integrity unit from the district attorney
[21:57.180 --> 22:01.180] and gave that to the Texas Rangers.
[22:01.180 --> 22:07.180] So now the Texas Rangers are charged with investigating complaints against public officials.
[22:07.180 --> 22:09.180] And since you were incarcerated,
[22:09.180 --> 22:17.180] they took your information in the jail, committed identity theft.
[22:17.180 --> 22:24.180] You need the Rangers to look at this and see if this is a common experience
[22:24.180 --> 22:26.180] or a common happening.
[22:26.180 --> 22:30.180] Okay.
[22:30.180 --> 22:34.180] And why can't I do it as a recourse?
[22:34.180 --> 22:40.180] Okay, your 5-1-2 area, so just find a local Texas Ranger.
[22:40.180 --> 22:46.180] You're there near the seat of government.
[22:46.180 --> 22:49.180] It should get interesting.
[22:49.180 --> 22:53.180] And what I suggest you do is file...
[22:53.180 --> 23:01.180] Were you arrested by a municipality or...?
[23:01.180 --> 23:05.180] No, the SWAT team, county SWAT team, I guess.
[23:05.180 --> 23:08.180] Okay, so as a county, since you're 5-1-2,
[23:08.180 --> 23:13.180] I'm going to assume it's Travis or one that's close by.
[23:13.180 --> 23:14.180] Okay.
[23:14.180 --> 23:16.180] Yes.
[23:16.180 --> 23:21.180] File criminal charges against the sheriff for identity theft.
[23:21.180 --> 23:23.180] Okay.
[23:23.180 --> 23:25.180] And probably look to the Texas Rangers.
[23:25.180 --> 23:30.180] Make up a verified criminal affidavit.
[23:30.180 --> 23:35.180] And you can look on Jurisimprudence.com.
[23:35.180 --> 23:39.180] I've got a bunch of criminal complaints on there that you can look at
[23:39.180 --> 23:41.180] to see how to write them up.
[23:41.180 --> 23:43.180] They're relatively simple.
[23:43.180 --> 23:47.180] There are a few technical requirements.
[23:47.180 --> 23:51.180] All complaints must run in the name of the state of Texas.
[23:51.180 --> 23:54.180] And you must state that you have reason to believe
[23:54.180 --> 23:58.180] and do believe based on the following,
[23:58.180 --> 24:01.180] that certain person committed a certain crime.
[24:01.180 --> 24:02.180] And I have some forms.
[24:02.180 --> 24:04.180] I have some bunch of complaints that I've written,
[24:04.180 --> 24:06.180] and they're all in exactly the same form.
[24:06.180 --> 24:12.180] And if you go to Jurisimprudence.com and top frog on the left...
[24:12.180 --> 24:19.180] I'm sorry, top frog on the right will take you to documents and research.
[24:19.180 --> 24:23.180] And in there you'll find a blanks folder.
[24:23.180 --> 24:25.180] Just go down the blanks folder to complaint form.
[24:25.180 --> 24:28.180] You can possibly fulfill in the blanks complaint form.
[24:28.180 --> 24:32.180] You fill out that form and you sign it before a notary
[24:32.180 --> 24:34.180] and have a notary verified.
[24:34.180 --> 24:37.180] You take that to the Texas Ranger.
[24:37.180 --> 24:42.180] Now, they're not going to like that one little bit.
[24:42.180 --> 24:49.180] What they want you to do is give them a voluntary statement.
[24:49.180 --> 24:54.180] They don't want you to write out a verified criminal affidavit,
[24:54.180 --> 25:02.180] because a verified criminal affidavit very specifically invokes their duty.
[25:02.180 --> 25:07.180] They want to decide whether or not to file a complaint.
[25:07.180 --> 25:14.180] Well, they're the servant, you're the master, and you don't care what they want.
[25:14.180 --> 25:21.180] I did this in Wise County, and the Texas Ranger took my complaint.
[25:21.180 --> 25:25.180] I sent it to him registered mail so he didn't have any choice,
[25:25.180 --> 25:28.180] and that's what I suggest you do.
[25:28.180 --> 25:34.180] You send it to him registered mail, return receipt, so you can prove you got it.
[25:34.180 --> 25:36.180] Once he has the verified criminal affidavit,
[25:36.180 --> 25:41.180] he's been given notice that a crime has been committed,
[25:41.180 --> 25:44.180] and he's been given that notice by his master.
[25:44.180 --> 25:49.180] Now, he has the duty to present the complaint to some magistrate
[25:49.180 --> 25:54.180] under 14.03 Texas Code of Criminal Procedure.
[25:54.180 --> 26:06.180] Well, when they set up the protocols for Texas Rangers, they added an odd requirement.
[26:06.180 --> 26:11.180] Prior to this time, a Texas Ranger could investigate a public official,
[26:11.180 --> 26:20.180] but only with upon written permission of the director of the Department of Public Safety himself.
[26:20.180 --> 26:28.180] So the legislature granted the ranger his authority to investigate public officials,
[26:28.180 --> 26:35.180] so the director had no more say one way or another.
[26:35.180 --> 26:41.180] So the legislature required them to set up protocols,
[26:41.180 --> 26:47.180] and what their protocol called for is now they had to go to the prosecuting attorney
[26:47.180 --> 26:50.180] and ask him for permission.
[26:50.180 --> 26:55.180] Problem, under Article 2.03, Texas Code of Criminal Procedure,
[26:55.180 --> 27:01.180] the prosecuting attorney is forbidden to make a decision concerning prosecution
[27:01.180 --> 27:04.180] of a public official, absolutely forbidden.
[27:04.180 --> 27:11.180] So I gave this complaint to the ranger, to the prosecuting attorney.
[27:11.180 --> 27:17.180] I charged him with conspiracy to commit obstruction of justice.
[27:17.180 --> 27:30.180] Conspiracy to induce the prosecuting attorney to violate Article 2.03 Code of Criminal Procedure.
[27:30.180 --> 27:34.180] I filed that with the grand jury.
[27:34.180 --> 27:41.180] And now that ranger is waiting to see if he gets indicted for following policy.
[27:41.180 --> 27:50.180] The reason I told you all of that, if you do that in Travis County,
[27:50.180 --> 28:01.180] then these rangers who are following this deliberately contrived procedure
[28:01.180 --> 28:04.180] are now getting people filing criminal charges against them.
[28:04.180 --> 28:12.180] They're going to get really, really unhappy, and they're going to be unhappy at their boss.
[28:12.180 --> 28:18.180] And what we want is the ranger put in a position to where he didn't have to ask anybody
[28:18.180 --> 28:21.180] if he can investigate a public official.
[28:21.180 --> 28:26.180] See, the director had political control, and when he lost it by legislation,
[28:26.180 --> 28:32.180] he tried to get it back by shifting it to the prosecuting attorney
[28:32.180 --> 28:37.180] and tried to circumvent the intent of the legislation.
[28:37.180 --> 28:41.180] This is a sensitive area right now.
[28:41.180 --> 28:48.180] So I said to you, if you file criminal charges against the sheriff,
[28:48.180 --> 28:54.180] you understand why I want you to file against the sheriff himself?
[28:54.180 --> 28:56.180] No.
[28:56.180 --> 29:04.180] Because all of those employees of the sheriff's department works for the sheriff.
[29:04.180 --> 29:11.180] They act at his direction, and under law, he is responding at superior.
[29:11.180 --> 29:17.180] What they do, they do in his name.
[29:17.180 --> 29:22.180] So you get to sting the sheriff as if he did it himself.
[29:22.180 --> 29:23.180] Okay.
[29:23.180 --> 29:27.180] Now, if the sheriff doesn't want to wind up under the bus,
[29:27.180 --> 29:32.180] he's going to have to find somebody else to throw under there in his place.
[29:32.180 --> 29:35.180] And then when the ranger doesn't want to go after the sheriff,
[29:35.180 --> 29:38.180] you go after the ranger.
[29:38.180 --> 29:41.180] You know, I keep saying on this show,
[29:41.180 --> 29:45.180] you never win your case simply because you have the law and the facts on your side.
[29:45.180 --> 29:49.180] You win your case, you get the politics.
[29:49.180 --> 29:50.180] Okay, hang on.
[29:50.180 --> 29:52.180] We'll be right back.
[29:52.180 --> 29:55.180] Ready to call that PAC rule of law radio?
[29:55.180 --> 30:00.180] I call it number 526461984.
[30:00.180 --> 30:06.180] Here in the U.S., a man's home used to be his castle.
[30:06.180 --> 30:10.180] You'd need permission to enter or a compelling reason to break in like a search warrant.
[30:10.180 --> 30:16.180] I'm Dr. Catherine Albrecht, and I'll be back in just a moment to tell you how things have changed.
[30:16.180 --> 30:18.180] Privacy is under attack.
[30:18.180 --> 30:21.180] When you give up data about yourself, you'll never get it back again.
[30:21.180 --> 30:26.180] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:26.180 --> 30:31.180] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.180 --> 30:34.180] Privacy, it's worth hanging on to.
[30:34.180 --> 30:37.180] This public service announcement is brought to you by Startpage.com,
[30:37.180 --> 30:41.180] the private search engine alternative to Google, Yahoo, and Bing.
[30:41.180 --> 30:45.180] Start over with Startpage.
[30:45.180 --> 30:49.180] Police are irresistible, according to the Indiana Supreme Court.
[30:49.180 --> 30:53.180] It recently ruled that citizens in that state cannot resist police entry to their homes,
[30:53.180 --> 30:55.180] even when the entry is illegal.
[30:55.180 --> 30:59.180] The decision stems from a case where a man was stun-gunned and arrested
[30:59.180 --> 31:02.180] after trying to bar the police from his apartment.
[31:02.180 --> 31:06.180] Justice Stephen David explained the majority decision, claiming citizen resistance
[31:06.180 --> 31:12.180] is against public policy and is incompatible with modern Fourth Amendment jurisprudence.
[31:12.180 --> 31:16.180] The Fourth Amendment to the U.S. Constitution guarantees citizens the right to be free
[31:16.180 --> 31:18.180] from unreasonable searches and seizures.
[31:18.180 --> 31:23.180] It seems to me it's the Indiana Supreme Court that's incompatible with the Fourth Amendment.
[31:23.180 --> 31:28.180] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:53.180 --> 32:02.180] Call 910-4367 and see what our powder, seeds, and oil can do for you, only at SQSA.org.
[32:02.180 --> 32:06.180] Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:06.180 --> 32:08.180] In today's America, we live in an us-against-them society.
[32:08.180 --> 32:10.180] If we, the people, are ever going to have a free society,
[32:10.180 --> 32:13.180] then we're going to have to stand and defend our own rights.
[32:13.180 --> 32:16.180] Among those rights are the right to travel freely from place to place,
[32:16.180 --> 32:20.180] the right to act in our own private capacity, and most importantly, the right to due process of law.
[32:20.180 --> 32:24.180] The traffic courts afford us the least expensive opportunity to learn how to enforce
[32:24.180 --> 32:26.180] and preserve our rights through due process.
[32:26.180 --> 32:29.180] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[32:29.180 --> 32:33.180] has put together the most comprehensive teaching tool available that will help you understand
[32:33.180 --> 32:36.180] what due process is and how to hold courts to the rule of law.
[32:36.180 --> 32:40.180] You can get your own copy of this invaluable material by going to ruleoflawradio.com
[32:40.180 --> 32:41.180] and ordering your copy today.
[32:41.180 --> 32:44.180] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:44.180 --> 32:48.180] The Law Versus the Lie, video and audio of the original 2009 seminar,
[32:48.180 --> 32:51.180] and hundreds of research documents and other useful resource materials.
[32:51.180 --> 32:55.180] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:55.180 --> 33:00.180] Order your copy today, and together we can have the free society we all want and deserve.
[33:04.180 --> 33:11.180] You're listening to the Logos Radio Network at logosradionetwork.com.
[33:11.180 --> 33:19.180] Yeah, I got a warrant, and I'm going to solve them,
[33:19.180 --> 33:25.180] to the head of government then, prosecute them.
[33:25.180 --> 33:27.180] Okay.
[33:27.180 --> 33:31.180] All set.
[33:31.180 --> 33:36.180] Texas is a race for Mr. Bush.
[33:36.180 --> 33:41.180] Texas is a race for Dixie.
[33:41.180 --> 33:48.180] Well, I need a prosecutor to come and help me prosecute them wicked leaders, you see.
[33:48.180 --> 33:50.180] Okay, we are back.
[33:50.180 --> 33:55.180] Randy Kelton back with Law Radio, and we're talking to Joe in Texas.
[33:55.180 --> 33:56.180] Okay.
[33:56.180 --> 33:57.180] Hey, Joe.
[33:57.180 --> 34:02.180] This is really serious business, Dennis.
[34:02.180 --> 34:08.180] I heard of this, I have another guy that this happened to,
[34:08.180 --> 34:14.180] that they gave his property to somebody else,
[34:14.180 --> 34:21.180] and the guy took his credit cards and stuff and went out and started buying stuff with it.
[34:21.180 --> 34:25.180] So this one doesn't sound that way.
[34:25.180 --> 34:32.180] When you got out of jail, did you get your property back?
[34:32.180 --> 34:36.180] Yes, I had my property back, and then I tried to use my credit card,
[34:36.180 --> 34:42.180] and then they had to cancel it because they told me somebody was starting to do fraudulent on it.
[34:42.180 --> 34:45.180] And that was when I was in jail.
[34:45.180 --> 34:49.180] So have you filed a complaint with anyone yet?
[34:49.180 --> 34:56.180] Okay, this is what I did. I went, I think Thursday, to the Travis County, and I talked to a detective.
[34:56.180 --> 35:03.180] He just gave me a case number, and he told me when the credit card would investigate the fraudulent,
[35:03.180 --> 35:07.180] who was doing it, then, you know, to come talk to him.
[35:07.180 --> 35:19.180] Well, there's an issue here because since this occurred while you were in custody,
[35:19.180 --> 35:24.180] now you have reason to believe that this was done by the Sheriff's Department,
[35:24.180 --> 35:31.180] so it's inappropriate to have the Sheriff's Department investigating the Sheriff's Department.
[35:31.180 --> 35:42.180] So I suggest you make up a complaint of identity theft, take it to the Texas Rangers, and get a third party.
[35:42.180 --> 35:49.180] So when you take it to the Texas Ranger, and he needs to sweep it under the rug,
[35:49.180 --> 35:56.180] and you land on him like a ton of bricks, he's going to be a real unhappy camper.
[35:56.180 --> 36:04.180] And one thing I can tell you, every policing agency in the state of Texas,
[36:04.180 --> 36:10.180] there are all public officials in Texas, they're afraid of the Rangers.
[36:10.180 --> 36:11.180] All right.
[36:11.180 --> 36:21.180] The Rangers, if we have one truly professional policing agency, it's the Texas Rangers.
[36:21.180 --> 36:26.180] When I mention Texas Rangers, everybody sucks wind.
[36:26.180 --> 36:32.180] So if you stick the Texas Rangers on him, and then when the Texas Ranger,
[36:32.180 --> 36:38.180] he wants to keep the peace and he has to work with these people,
[36:38.180 --> 36:44.180] when he tries to make this go away and you slam him big time,
[36:44.180 --> 36:46.180] he's going to go to these people and say,
[36:46.180 --> 36:54.180] you guys got to get this fixed because I'm not going to lose my career to cover you guys.
[36:54.180 --> 36:57.180] It's all about the politics.
[36:57.180 --> 37:03.180] Does that sound like something you feel like you would be up to doing?
[37:03.180 --> 37:06.180] Definitely, for sure.
[37:06.180 --> 37:07.180] Okay.
[37:07.180 --> 37:14.180] The case against you, how much is your liberty at risk?
[37:14.180 --> 37:16.180] I'm already in three.
[37:16.180 --> 37:18.180] Oh, okay.
[37:18.180 --> 37:27.180] I'm always concerned about asking someone to do something that will jeopardize his liberty.
[37:27.180 --> 37:31.180] If they have a case against you and they're prosecuting you,
[37:31.180 --> 37:36.180] this could affect how they deal with the prosecution.
[37:36.180 --> 37:41.180] They may want to ramp up the prosecution in order to keep you from going after them.
[37:41.180 --> 37:45.180] But if your case is over and they don't have a shot at you,
[37:45.180 --> 37:49.180] then you're kind of free to go after them.
[37:49.180 --> 37:52.180] Always liberty first.
[37:52.180 --> 37:57.180] So you can have a lot of fun with this.
[37:57.180 --> 38:01.180] You know, Joe, it's one thing when they come after you,
[38:01.180 --> 38:07.180] but when you go after them, well, that's a whole other animal.
[38:07.180 --> 38:13.180] And I can tell you from experience, it's a whole lot more fun when you're the plaintiff.
[38:13.180 --> 38:15.180] Yeah.
[38:15.180 --> 38:18.180] Well, I want to do that for the first time.
[38:18.180 --> 38:21.180] Well, I appreciate your information, Randy.
[38:21.180 --> 38:22.180] Thanks.
[38:22.180 --> 38:26.180] Have you written a statement of facts?
[38:26.180 --> 38:27.180] Uh-huh.
[38:27.180 --> 38:28.180] I haven't.
[38:28.180 --> 38:29.180] Write it.
[38:29.180 --> 38:31.180] Write it down.
[38:31.180 --> 38:39.180] The problem with not doing that is each time you tell this story, it will change
[38:39.180 --> 38:43.180] because you go in your memory and you pull up facts,
[38:43.180 --> 38:49.180] but you only tell me those facts that seem important in this context,
[38:49.180 --> 38:50.180] and then you put it back.
[38:50.180 --> 38:57.180] And what they found out in research is we don't go inside and read our memory.
[38:57.180 --> 39:04.180] We go inside and pull the memory out, and then when we experience the memory,
[39:04.180 --> 39:07.180] that puts it back.
[39:07.180 --> 39:11.180] That's a subtle problem because if you pull a memory
[39:11.180 --> 39:16.180] and you leave out some of the details because they're not relevant to this situation,
[39:16.180 --> 39:19.180] you put it back without those details.
[39:19.180 --> 39:27.180] And that's kind of why people's testimony is so skewed because they told the story
[39:27.180 --> 39:31.180] over and over and over, and they lose some details.
[39:31.180 --> 39:37.180] They did some research with rats on this, and they gave them a chemical
[39:37.180 --> 39:40.180] that blocked their ability to store memories.
[39:40.180 --> 39:43.180] This is a state-rape drug.
[39:43.180 --> 39:48.180] And what they found was when they exposed the rat to something it knew,
[39:48.180 --> 39:52.180] it was trained to do, when it had this chemical,
[39:52.180 --> 39:58.180] the next time they exposed it to that same situation, it had no memory.
[39:58.180 --> 40:02.180] So when it pulled the memory, it literally pulled it out
[40:02.180 --> 40:05.180] and this blocked it so it couldn't put it back.
[40:05.180 --> 40:12.180] So I encourage everyone, wipe down what occurred immediately.
[40:12.180 --> 40:15.180] It don't matter if you get all the details.
[40:15.180 --> 40:18.180] Once you've written it down, then you go back and look at it,
[40:18.180 --> 40:22.180] and that will cause what they call revivification.
[40:22.180 --> 40:28.180] It will revive the memories in between because you store your memories
[40:28.180 --> 40:34.180] in more than one place, and a good written statement is better than a recording.
[40:34.180 --> 40:36.180] So write it down.
[40:36.180 --> 40:39.180] That fixes it in time.
[40:39.180 --> 40:43.180] You can tell it 100 times, and you'll never lose it.
[40:43.180 --> 40:46.180] Okay, that's my story, and I'm sticking to it.
[40:46.180 --> 40:48.180] All right, thank you.
[40:48.180 --> 40:51.180] Okay, thank you, Joe.
[40:51.180 --> 40:54.180] Okay, now we're going to go to Charles in Georgia.
[40:54.180 --> 40:57.180] Hello, Charles.
[40:57.180 --> 40:59.180] How's it going today, Randy?
[40:59.180 --> 41:02.180] It's going good, except we don't have Veta on.
[41:02.180 --> 41:06.180] We're having some issues with her systems here.
[41:06.180 --> 41:09.180] Her Skype is not finding her sound card,
[41:09.180 --> 41:13.180] but we're hoping to get her brought on here pretty soon.
[41:13.180 --> 41:18.180] Okay, what do you have for us today?
[41:18.180 --> 41:21.180] Okay, Randy, I didn't call you about me this time.
[41:21.180 --> 41:27.180] I called you about a friend of mine who had some problem
[41:27.180 --> 41:31.180] with the MERS and foreclosures in the past,
[41:31.180 --> 41:37.180] and he asked me to give you a call and see what you had to say about it.
[41:37.180 --> 41:40.180] Okay.
[41:40.180 --> 41:52.180] His situation was, the way he explained it to me was they foreclosed on him,
[41:52.180 --> 42:00.180] and he refinanced on the note.
[42:00.180 --> 42:03.180] And he went to go sue these people because of the MERS,
[42:03.180 --> 42:09.180] and he sent a letter to them stating, can you please produce the note?
[42:09.180 --> 42:14.180] And they wrote him a letter back saying that's beyond the scope of, you know,
[42:14.180 --> 42:16.180] what they can do or whatever.
[42:16.180 --> 42:19.180] Basically, they don't have the note.
[42:19.180 --> 42:22.180] And he went and filed a lawsuit.
[42:22.180 --> 42:30.180] And he filed a lawsuit in the Superior Court or the State Court in a county here in Georgia,
[42:30.180 --> 42:36.180] and what the bankers did was they had the case removed,
[42:36.180 --> 42:39.180] and they removed it to the federal court.
[42:39.180 --> 42:42.180] Well, as soon as they got the case removed to the federal court,
[42:42.180 --> 42:46.180] no more than, you know, four days, they filed a B-6,
[42:46.180 --> 42:52.180] a 12 B-6 motion to dismiss trade and state of claim.
[42:52.180 --> 43:07.180] And, you know, and my friend, he filed an answer to that 12 B-6 and...
[43:07.180 --> 43:11.180] Did he file a motion to remand?
[43:11.180 --> 43:13.180] No, he didn't.
[43:13.180 --> 43:17.180] Okay.
[43:17.180 --> 43:24.180] But the judge granted the 12 B-6 motion to dismiss with prejudice.
[43:24.180 --> 43:27.180] So I told him, I said, you know, I know a guy.
[43:27.180 --> 43:32.180] His name is Brandy over in Austin, over in Dallas.
[43:32.180 --> 43:35.180] And he won't be able to have something to say about that,
[43:35.180 --> 43:39.180] and he told me to let him know what the situation was.
[43:39.180 --> 43:41.180] I'm curious to see what you have to say about it.
[43:41.180 --> 43:43.180] Okay, hang on.
[43:43.180 --> 43:45.180] If you have access to the guy, you might want to get him
[43:45.180 --> 43:48.180] because I'm going to have some questions.
[43:48.180 --> 43:49.180] We're about to go to break.
[43:49.180 --> 44:02.180] Brandy Kelton, that pack with my radio, we'll be right back.
[44:02.180 --> 44:06.180] Hello, my name is Stuart Smith from naturespureorganics.com,
[44:06.180 --> 44:08.180] and I would like to invite you to come by our store
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[44:37.180 --> 44:43.180] That's 512-264-4043, naturespureorganics.com.
[44:43.180 --> 44:45.180] Don't forget to like us on Facebook for information on events
[44:45.180 --> 45:01.180] and our products, naturespureorganics.com.
[45:01.180 --> 45:04.180] Are you the plaintiff or defendant in a lawsuit?
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[46:01.180 --> 46:30.180] MUSIC
[46:30.180 --> 46:32.180] OK, we are back.
[46:32.180 --> 46:34.180] Randy Kelton, Lulavlaw Radio.
[46:34.180 --> 46:36.180] Randy Kelton, Vets Pack, Lulavlaw Radio.
[46:36.180 --> 46:39.180] We're still trying to get that back up.
[46:39.180 --> 46:44.180] And we're talking to George and...
[46:44.180 --> 46:46.180] No, we're talking to George and Charles.
[46:46.180 --> 46:50.180] We're talking to Charles and Georgia.
[46:50.180 --> 46:52.180] I'll get that right in a minute.
[46:52.180 --> 46:53.180] Let's see.
[46:53.180 --> 46:56.180] You didn't unmute. There we go. OK.
[46:56.180 --> 46:59.180] I got you unmuted finally.
[46:59.180 --> 47:01.180] All right, that works.
[47:01.180 --> 47:05.180] OK, there are questions I will have.
[47:05.180 --> 47:12.180] It's a standard procedure to remove to the federal court, no matter what.
[47:12.180 --> 47:18.180] So I've been writing my complaints very carefully
[47:18.180 --> 47:22.180] so that they only have state claims.
[47:22.180 --> 47:31.180] Do you know what he claimed in his suit?
[47:31.180 --> 47:40.180] He claimed fraud against the bank because they had a note.
[47:40.180 --> 47:42.180] Oh, I'm sorry, they didn't have a note.
[47:42.180 --> 47:44.180] Couldn't produce a note.
[47:44.180 --> 47:48.180] And when they asked him to produce a note,
[47:48.180 --> 47:50.180] they came up with this letter right in the back
[47:50.180 --> 47:57.180] saying that that was beyond the scope of whatever they were doing.
[47:57.180 --> 48:04.180] OK, the problem was claiming fraud.
[48:04.180 --> 48:10.180] That always gets you into really murky waters in the federal court.
[48:10.180 --> 48:14.180] So what I'm going to suggest, they've already foreclosed,
[48:14.180 --> 48:25.180] I would take it that that means there is a trustee's deed filed in the public record.
[48:25.180 --> 48:27.180] OK, do you know that there is?
[48:27.180 --> 48:31.180] That's why we need this guy so I can ask him some specific questions.
[48:31.180 --> 48:37.180] If they have already foreclosed, there's almost certainly a trustee's deed filed in the record.
[48:37.180 --> 48:45.180] Now, what he needs to do is pull all the documents that were filed in the county record
[48:45.180 --> 48:53.180] from the time he received a warranty deed to date and then look at those.
[48:53.180 --> 48:57.180] If Merge is involved in the mix, they screwed everything up.
[48:57.180 --> 49:00.180] Look at all the assignments.
[49:00.180 --> 49:10.180] In Texas, we have a statute that every other state I've seen has this same statute in one permutation or another.
[49:10.180 --> 49:15.180] And in Texas, it's Texas Property Code 13.001.
[49:15.180 --> 49:21.180] And what it says is that any claim against real property not properly acknowledged
[49:21.180 --> 49:27.180] or proven and filed in the public record is voidous to the holder.
[49:27.180 --> 49:33.180] And that's because if, say, I'm going to sell you some property,
[49:33.180 --> 49:39.180] you want to know that there are no hidden liens on that property.
[49:39.180 --> 49:47.180] So if someone has a lien against my property, in order to be able to enforce that lien,
[49:47.180 --> 49:51.180] they must file it with the county recorder.
[49:51.180 --> 50:04.180] Now, at the turn of the millennium, the year 2000, the bank got two laws repealed
[50:04.180 --> 50:12.180] that restricted them from running a scheme, an investment scheme that they had designed.
[50:12.180 --> 50:14.180] In 1995, they created Merge.
[50:14.180 --> 50:20.180] When they created Merge, what they created Merge for was illegal.
[50:20.180 --> 50:23.180] They couldn't do what they wanted Merge to do.
[50:23.180 --> 50:29.180] They had to repeal the Glass-Steagall Act and the prohibition against derivatives trading.
[50:29.180 --> 50:34.180] The prohibition against derivatives trading was put in in 1907
[50:34.180 --> 50:41.180] to prevent people from betting on stocks without actually buying the stock.
[50:41.180 --> 50:47.180] It caused a stock market crash in 2007, so they made it a felony to do that.
[50:47.180 --> 50:57.180] The stock market crash in 2009 occurred because the banks were investing,
[50:57.180 --> 51:02.180] were speculating with depositors' funds, and they lost all their depositors' funds
[51:02.180 --> 51:05.180] and caused the 1929 crash.
[51:05.180 --> 51:14.180] So they put in the Glass-Steagall Act that forbade the banks from speculating with investor funds.
[51:14.180 --> 51:19.180] Well, in 1999, they repealed the Glass-Steagall Act,
[51:19.180 --> 51:26.180] and the last thing the legislature did before closing Syndyne, year 2000,
[51:26.180 --> 51:30.180] was they repealed this prohibition against derivatives trading.
[51:30.180 --> 51:40.180] This opened the door so that a lender could secure an obligation on a note,
[51:40.180 --> 51:47.180] and then he could take that note and group it together with a whole bunch more notes into a pool
[51:47.180 --> 51:53.180] and then sell this pool to an investor.
[51:53.180 --> 51:59.180] And we had a lot of retirement funds that were looking for long-term investments.
[51:59.180 --> 52:01.180] So we've got 30-year notes here,
[52:01.180 --> 52:07.180] and we've got a retirement fund that wants to keep the retirement money in there 20 to 30 years
[52:07.180 --> 52:12.180] so it looks like a perfect marriage problem.
[52:12.180 --> 52:22.180] Real property had lean reporting requirements that made it impossible for them to do what they wanted to do.
[52:22.180 --> 52:25.180] What they want to do is put together this one investment pool
[52:25.180 --> 52:32.180] and then sell a tranche or a slice off that, a percentage to an investor.
[52:32.180 --> 52:35.180] So they sell these percentages to all these different investors.
[52:35.180 --> 52:41.180] And then the investors could trade these percentages back and forth.
[52:41.180 --> 52:44.180] Say they've got three pools going here.
[52:44.180 --> 52:49.180] One pool's making money, one pool's not making money.
[52:49.180 --> 52:52.180] The pool that's making money, they're going to have to pay taxes on.
[52:52.180 --> 52:57.180] So they take a tranche off that pool and move it over to this one that's not making money.
[52:57.180 --> 53:01.180] And this way they control the tax burden.
[53:01.180 --> 53:06.180] Well, when they take a tranche off one of those pools,
[53:06.180 --> 53:12.180] according to the reporting requirements, they're required to report,
[53:12.180 --> 53:14.180] according to the Real Estate Settlement Procedures Act,
[53:14.180 --> 53:22.180] they're required to report that change in beneficial interest in the county record.
[53:22.180 --> 53:27.180] But when you've got 10,000 notes and you slice a percentage off of it,
[53:27.180 --> 53:32.180] and then you have to go pay 50 bucks a pop to file those with the county record,
[53:32.180 --> 53:35.180] it would make it prohibitive.
[53:35.180 --> 53:38.180] So they had to get away around this.
[53:38.180 --> 53:40.180] So they put MERS in place.
[53:40.180 --> 53:45.180] MERS is standing as the straw holder.
[53:45.180 --> 53:49.180] MERS is standing as if I'm the holder of the note,
[53:49.180 --> 53:54.180] and then behind them these guys are trading these notes back and forth.
[53:54.180 --> 53:57.180] Well, it wasn't legal.
[53:57.180 --> 54:00.180] It just wasn't legal.
[54:00.180 --> 54:05.180] They could not find a way to make it legal.
[54:05.180 --> 54:09.180] So now they have a problem.
[54:09.180 --> 54:12.180] They really don't have a problem finding the note.
[54:12.180 --> 54:15.180] They know exactly where it is.
[54:15.180 --> 54:18.180] It's Ginnie Mae.
[54:18.180 --> 54:22.180] Ginnie Mae is the one that backs the pools.
[54:22.180 --> 54:26.180] And what Ginnie Mae says is when a note is put into a pool,
[54:26.180 --> 54:37.180] the note and all documents concerning the note are to be given to the custodian of the records.
[54:37.180 --> 54:42.180] The custodian is almost always a servicer.
[54:42.180 --> 54:45.180] So he's required to have the note.
[54:45.180 --> 54:47.180] They got it.
[54:47.180 --> 54:52.180] They don't want to produce it because if you look at it,
[54:52.180 --> 54:57.180] the note is not going to have on there who actually holds it.
[54:57.180 --> 55:02.180] And that's because there's 10,000 people holding it.
[55:02.180 --> 55:08.180] And the people who actually hold it are changing around all the time.
[55:08.180 --> 55:11.180] So producing that note can be really problematic for them.
[55:11.180 --> 55:14.180] So they try not to produce it.
[55:14.180 --> 55:19.180] And that's what brought up all this show me the note thing.
[55:19.180 --> 55:25.180] But the courts have pretty well been bought and paid for.
[55:25.180 --> 55:32.180] And they really struck down this show me the note claim.
[55:32.180 --> 55:38.180] So we look for a secondary way to handle this.
[55:38.180 --> 55:42.180] And the secondary way I'd like to use is a quiet title action.
[55:42.180 --> 55:49.180] The quiet title goes to strictly to state law.
[55:49.180 --> 55:54.180] Real property filing requirements is a state issue.
[55:54.180 --> 55:56.180] The feds have nothing to do with that.
[55:56.180 --> 56:11.180] So you take this deed of trust and you say that the trustee lacked legal standing to execute the sale.
[56:11.180 --> 56:22.180] And therefore the deed of trust is fraudulent in terms of the state filing requirements.
[56:22.180 --> 56:24.180] This is strictly a state issue.
[56:24.180 --> 56:27.180] And you sue the trustee.
[56:27.180 --> 56:29.180] Don't sue the borrower.
[56:29.180 --> 56:33.180] The trustee is the one that filed the deed of trust.
[56:33.180 --> 56:35.180] So you sue him.
[56:35.180 --> 56:39.180] He will always be a state actor.
[56:39.180 --> 56:43.180] So you've made a state claim.
[56:43.180 --> 56:48.180] You've sued a party that is in the state.
[56:48.180 --> 56:52.180] There is no way to get this to the Fed.
[56:52.180 --> 56:57.180] But they'll remove it to the Fed anyway.
[56:57.180 --> 57:13.180] Because if you look on the federal court website and look up 28 U.S.C., I think it's 1331, I'm sorry, 1441,
[57:13.180 --> 57:17.180] they don't have the new law reflected in there.
[57:17.180 --> 57:25.180] In 2011, the legislature passed statutes that changed 200 years of law.
[57:25.180 --> 57:33.180] It used to be that a federal court could take a case removed to it that had state and federal issues.
[57:33.180 --> 57:36.180] And here both under judicial economy.
[57:36.180 --> 57:41.180] While some of the circuits said, now wait a minute, wait a minute, we can't hear state issues.
[57:41.180 --> 57:45.180] That's an unreasonable preemption of state law.
[57:45.180 --> 57:48.180] So there was a split between the circuits.
[57:48.180 --> 57:52.180] And that's normally what the Supreme will pick up.
[57:52.180 --> 57:56.180] So the Supreme picked it up, I'm sorry, the Supreme didn't pick this up.
[57:56.180 --> 57:59.180] The legislature actually picked this one up.
[57:59.180 --> 58:05.180] The legislature looked at it and they passed law to eliminate this split.
[58:05.180 --> 58:15.180] They said that while you can remove a state case with federal issues to the federal court,
[58:15.180 --> 58:18.180] the federal court cannot hear the state issues.
[58:18.180 --> 58:21.180] They must sever and remand.
[58:21.180 --> 58:24.180] You see where I'm going, Charles?
[58:24.180 --> 58:27.180] Yes.
[58:27.180 --> 58:31.180] I'm not going to, can you hear this?
[58:31.180 --> 58:33.180] Can't you hear this?
[58:33.180 --> 58:38.180] I'm going to subject matter jurisdiction and that's a big deal.
[58:38.180 --> 58:42.180] And I'll explain that in a little more detail when we get back on this side.
[58:42.180 --> 58:50.180] Randy Kelton, Bette Stevens, Root of our Radio, we'll be right back.
[58:50.180 --> 58:54.180] Would you like to make more definite progress in your walk with God?
[58:54.180 --> 58:57.180] Bibles for America is offering a free study Bible
[58:57.180 --> 59:01.180] and a set of free Christian books that can really help.
[59:01.180 --> 59:06.180] The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.180 --> 59:09.180] It's an accurate translation and it contains thousands of footnotes
[59:09.180 --> 59:13.180] that will help you to know God and to know the meaning of life.
[59:13.180 --> 59:18.180] The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.180 --> 59:24.180] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.180 --> 59:28.180] growing in Christ and how to build up the church.
[59:28.180 --> 59:34.180] To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:34.180 --> 59:41.180] call Bibles for America toll free at 888-551-0102.
[59:41.180 --> 59:45.180] That's 888-551-0102.
[59:45.180 --> 59:50.180] Or visit us online at bfa.org.
[59:50.180 --> 01:00:00.180] Live free speech radio, logosradionetwork.com.
[01:00:00.180 --> 01:00:07.180] The following news flash is brought to you by the Lone Star Lowdown,
[01:00:07.180 --> 01:00:10.180] providing your daily bulletins for the commodities market.
[01:00:10.180 --> 01:00:23.180] Today in history, news updates and the inside scoop into the tides of the alternatives.
[01:00:23.180 --> 01:00:30.180] Markets for Wednesday the 22nd of June 2016 are currently treading with gold at $1,265.56 an ounce,
[01:00:30.180 --> 01:00:36.180] silver $17.28 an ounce, Texas crude $48.85 a barrel,
[01:00:36.180 --> 01:00:45.180] and Bitcoin dropped to $625 U.S. currency.
[01:00:45.180 --> 01:00:47.180] Today in history, the year?
[01:00:47.180 --> 01:00:52.180] Last year, 2015, South Carolina Governor Nikki Haley calls for the removal of the Confederate flag
[01:00:52.180 --> 01:00:57.180] from the statehouse grounds in the wake of the senseless killings in a Charleston historic church.
[01:00:57.180 --> 01:01:02.180] It was this event which led to the nationwide ban on the Confederate Dixie flag.
[01:01:02.180 --> 01:01:07.180] Today in history.
[01:01:07.180 --> 01:01:11.180] In recent news, House Democrats had a sit-down on the floor of the House chamber today.
[01:01:11.180 --> 01:01:18.180] They effectively forced the House into a temporary recess as part of an effort to get Republicans to vote on gun control legislation.
[01:01:18.180 --> 01:01:24.180] Representative John Lewis, Democrat from Georgia, a civil rights leader who led sit-ins all throughout the 1960s,
[01:01:24.180 --> 01:01:29.180] led the effort with sharp criticisms towards Congress for not voting in favor to pass more gun restrictions.
[01:01:29.180 --> 01:01:33.180] Democrats are planning to essentially hijack the House floor both Wednesday and Thursday
[01:01:33.180 --> 01:01:36.180] in an effort to get gun control measures a hearing.
[01:01:36.180 --> 01:01:40.180] A spokeswoman for Representative Speaker of the House Paul Ryan, Ashley Strong,
[01:01:40.180 --> 01:01:44.180] said that, quote, the House cannot operate without members following the rules of the institution,
[01:01:44.180 --> 01:01:47.180] so the House has recessed subject to the call of the chair.
[01:01:47.180 --> 01:01:51.180] As a minority party, Democrats have virtually no power over which bills are voted on.
[01:01:51.180 --> 01:01:57.180] The only thing they can do is protest or use procedural maneuvers, of which they plan to do both this week.
[01:01:57.180 --> 01:01:59.180] So keep your eyes on the House floor.
[01:01:59.180 --> 01:02:05.180] Ultimately, the goal is to force lawmakers to vote on a bipartisan bill that would give the FBI and attorney general
[01:02:05.180 --> 01:02:14.180] the power to ban people on the controversial no-fly list from purchasing firearms.
[01:02:14.180 --> 01:02:17.180] According to a government report by the Treasury Department released today,
[01:02:17.180 --> 01:02:22.180] the trust fund used to pay hospital insurance costs for Medicare will be emptied out by 2028,
[01:02:22.180 --> 01:02:27.180] about two years earlier than calculated, while the Social Security Trust Fund has enough cash to pay full benefits
[01:02:27.180 --> 01:02:29.180] for only another 18 years.
[01:02:29.180 --> 01:02:33.180] The trustees overseeing both stated that reforms are needed in order to avoid cutting health care
[01:02:33.180 --> 01:02:35.180] and retirement benefits for Americans.
[01:02:35.180 --> 01:02:41.180] Acting Commissioner of the Social Security Administration Carolyn Culvin said that increasing payroll taxes
[01:02:41.180 --> 01:02:46.180] by slightly more than 1 percent could improve the solvency of the fund over the next 75 years.
[01:02:46.180 --> 01:02:53.180] Maybe it's time we start looking for and creating options that don't involve Uncle Sam.
[01:02:53.180 --> 01:03:19.180] This is Rick Rohde with your Lowdown for June 22, 2016.
[01:03:23.180 --> 01:03:35.180] Okay, we are back. Randy Kelton, Beth Stevens, we're talking to Charles in Georgia.
[01:03:35.180 --> 01:03:46.180] If you carefully craft your suit to only go after quiet title,
[01:03:46.180 --> 01:03:54.180] claiming that a document filed in the public record doesn't meet the state filing requirements,
[01:03:54.180 --> 01:03:59.180] you only ask for declaratory judgment.
[01:03:59.180 --> 01:04:02.180] That way you're not asking for any damages.
[01:04:02.180 --> 01:04:07.180] You just want this document ruled void.
[01:04:07.180 --> 01:04:10.180] So they're going to remove it to the Fed.
[01:04:10.180 --> 01:04:12.180] They remove everything to the Fed.
[01:04:12.180 --> 01:04:19.180] And when they do, in the Fed, you file a challenge to subject matter jurisdiction.
[01:04:19.180 --> 01:04:27.180] Now the Fed is expecting a motion to remand, but you don't give them a motion to remand.
[01:04:27.180 --> 01:04:34.180] You give them a subject matter jurisdiction challenge because under the Venue
[01:04:34.180 --> 01:04:49.180] and Removal Clarification Act of 2011, the judge has no subject matter jurisdiction over a state claim.
[01:04:49.180 --> 01:04:58.180] That's a big deal because now you put the judge on the dime.
[01:04:58.180 --> 01:05:04.180] I had Judge McBride, he is a real scoundrel here in Fort Worth.
[01:05:04.180 --> 01:05:09.180] All the lawyers hate to go before him because he's so arbitrary and capricious.
[01:05:09.180 --> 01:05:16.180] They're all terrified of him. He'll sanction them at the drop of a hat.
[01:05:16.180 --> 01:05:21.180] I filed a quiet title. They removed it. I filed a challenge to subject matter jurisdiction.
[01:05:21.180 --> 01:05:31.180] They filed a Rule 12, and in the Rule 12, they claim that the pleading should be dismissed
[01:05:31.180 --> 01:05:40.180] because they were not the creditor. I saw that. That said, say what?
[01:05:40.180 --> 01:05:48.180] They're trying to foreclose, but they state in a pleading in the federal court that they are not the creditor.
[01:05:48.180 --> 01:05:54.180] Holy mackerel. So what do you do when you get something like that?
[01:05:54.180 --> 01:06:03.180] You know the lawyers made an error, so you non-suit right away so he can't correct his error.
[01:06:03.180 --> 01:06:09.180] And the statement becomes collateral estoppel, so I non-suited immediately.
[01:06:09.180 --> 01:06:16.180] The same day I non-suited, Judge McBride dismissed the case with prejudice.
[01:06:16.180 --> 01:06:23.180] Under the Rule 12, he jumped over the subject matter jurisdiction.
[01:06:23.180 --> 01:06:35.180] Bad move bubba. Once subject matter jurisdiction is challenged, subject matter jurisdiction is lost.
[01:06:35.180 --> 01:06:41.180] This is very fundamental law.
[01:06:41.180 --> 01:06:48.180] When a case is filed, there is a presumption of jurisdiction.
[01:06:48.180 --> 01:06:54.180] When the case was removed to the federal court, it came with a presumption of jurisdiction.
[01:06:54.180 --> 01:06:59.180] And if nobody challenges it, then they act as if there is jurisdiction.
[01:06:59.180 --> 01:07:11.180] But if the judge has knowledge that he doesn't have jurisdiction, he is required on his own to so rule.
[01:07:11.180 --> 01:07:21.180] But if he doesn't, when someone challenges jurisdiction, that presumption of jurisdiction is lost.
[01:07:21.180 --> 01:07:28.180] Now that the judge no longer has jurisdiction, there is no jurisdiction until the judge proves it.
[01:07:28.180 --> 01:07:33.180] Not the plaintiff or not the removing party.
[01:07:33.180 --> 01:07:37.180] It is the judge that must prove jurisdiction.
[01:07:37.180 --> 01:07:45.180] If he doesn't and he doesn't have it, that's the only time you can sue a judge.
[01:07:45.180 --> 01:07:51.180] So far I've filed criminal charges against McBride, official oppression.
[01:07:51.180 --> 01:07:56.180] But when I'm done with that, I'll come back and file suit against him.
[01:07:56.180 --> 01:08:05.180] That's going to make him really, really unhappy at the guy who removed it to his court.
[01:08:05.180 --> 01:08:12.180] And the thing about subject matter jurisdiction, it can be challenged no matter how remote in history.
[01:08:12.180 --> 01:08:19.180] So my suggestion to you guy, look at the court record.
[01:08:19.180 --> 01:08:23.180] Look at the chain of assignments.
[01:08:23.180 --> 01:08:27.180] Was there an assignment by a dead guy?
[01:08:27.180 --> 01:08:30.180] This happens all the time.
[01:08:30.180 --> 01:08:39.180] The lenders put together these mortgage companies that would write these predatory loans that were very profitable
[01:08:39.180 --> 01:08:43.180] and then sell them to the bank at a loss so that the mortgage company,
[01:08:43.180 --> 01:08:46.180] although it's writing a lot of these profitable loans,
[01:08:46.180 --> 01:08:51.180] they're selling them to the bank at a loss so that the mortgage company winds up going bankrupt
[01:08:51.180 --> 01:09:00.180] and they bankrupt out all the profit so the bank gets these highly profitable loans with no tax burden.
[01:09:00.180 --> 01:09:08.180] And because of that, you find these mortgage companies during the height of the real estate bubble
[01:09:08.180 --> 01:09:12.180] going out of business left and right.
[01:09:12.180 --> 01:09:17.180] Well, that may give them a lot of money, but it created them a problem
[01:09:17.180 --> 01:09:27.180] because before they went out of business, they had to transfer their claim in the mortgage to another party.
[01:09:27.180 --> 01:09:30.180] But the banks weren't doing that.
[01:09:30.180 --> 01:09:37.180] So you look for an assignment by an entity that doesn't exist anymore.
[01:09:37.180 --> 01:09:41.180] I find it all the time.
[01:09:41.180 --> 01:09:47.180] If your entity ceases to exist and it holds the claim against your property
[01:09:47.180 --> 01:09:52.180] and it doesn't transfer that claim, it abandons it.
[01:09:52.180 --> 01:10:00.180] So they're trying to fix it by having MERS claim to act on the behest of this company.
[01:10:00.180 --> 01:10:06.180] Well, how does MERS act for a dead guy?
[01:10:06.180 --> 01:10:16.180] How does a dead guy hire or MERS as an agent and then direct the agent in how to liquidate the dead guy's property?
[01:10:16.180 --> 01:10:21.180] Good luck.
[01:10:21.180 --> 01:10:24.180] That's the kind of thing you look for.
[01:10:24.180 --> 01:10:32.180] You look for where Bank of America has assigned the property to some other company.
[01:10:32.180 --> 01:10:38.180] And then two years later, Bank of America assigns the property to somebody else.
[01:10:38.180 --> 01:10:41.180] Wait a minute.
[01:10:41.180 --> 01:10:45.180] You can't assign it anymore because you don't have it.
[01:10:45.180 --> 01:10:47.180] And I find this all the time.
[01:10:47.180 --> 01:10:53.180] So just look at who assigned what to whom and when.
[01:10:53.180 --> 01:10:56.180] And if you can find, this is not hard.
[01:10:56.180 --> 01:10:58.180] It's really straightforward.
[01:10:58.180 --> 01:11:03.180] You can find places where the pieces don't fit together.
[01:11:03.180 --> 01:11:07.180] It is in the public record.
[01:11:07.180 --> 01:11:11.180] So the trustee knows about it.
[01:11:11.180 --> 01:11:15.180] Whether he actually knows or not doesn't matter.
[01:11:15.180 --> 01:11:19.180] He has imputed knowledge of what's in the public record.
[01:11:19.180 --> 01:11:26.180] So if he claims authority to foreclose and the public record shows he doesn't have it,
[01:11:26.180 --> 01:11:32.180] then you move to strike the deed of trust.
[01:11:32.180 --> 01:11:34.180] And when they remove it to the federal court,
[01:11:34.180 --> 01:11:38.180] you hit the judge with the child on subject matter jurisdiction.
[01:11:38.180 --> 01:11:40.180] And then it starts to get interesting.
[01:11:40.180 --> 01:11:45.180] If you can get it pushed back to the state, now they've got a problem.
[01:11:45.180 --> 01:11:53.180] Because the state has an interest in having their real property records to be accurate,
[01:11:53.180 --> 01:11:55.180] and mergers made a horrible mess of those.
[01:11:55.180 --> 01:11:56.180] Okay.
[01:11:56.180 --> 01:11:59.180] Charles, does that make sense?
[01:11:59.180 --> 01:12:03.180] It makes sense to me, everything that you just said.
[01:12:03.180 --> 01:12:06.180] But the problem is this is not my problem.
[01:12:06.180 --> 01:12:08.180] This is my friend's problem.
[01:12:08.180 --> 01:12:10.180] Or I'm not going to say a problem.
[01:12:10.180 --> 01:12:12.180] This is my friend's issue.
[01:12:12.180 --> 01:12:21.180] And I think I'm going to have him give you a call tonight about that.
[01:12:21.180 --> 01:12:23.180] It makes plenty of sense to me.
[01:12:23.180 --> 01:12:25.180] Okay, get him to call pretty soon.
[01:12:25.180 --> 01:12:28.180] I've got a full board.
[01:12:28.180 --> 01:12:29.180] Okay.
[01:12:29.180 --> 01:12:30.180] Okay.
[01:12:30.180 --> 01:12:34.180] If not, have him send me an email.
[01:12:34.180 --> 01:12:36.180] Okay, I will do that.
[01:12:36.180 --> 01:12:41.180] Real quick, I'm not going to take that much time.
[01:12:41.180 --> 01:12:49.180] Just to catch everybody up to speed, I'm filing a 42 against a city here in Georgia.
[01:12:49.180 --> 01:12:56.180] And I came on a couple of weeks ago to ask you a question about why is it that I need to give notice
[01:12:56.180 --> 01:13:05.180] to this city within six months of the time of the incident in order to sue them in federal court.
[01:13:05.180 --> 01:13:07.180] Well, just a quick update.
[01:13:07.180 --> 01:13:16.180] I sent the notice on the day, on the sixth month, I sent a five-mail to the city,
[01:13:16.180 --> 01:13:24.180] I sent a notice of, I forgot the name of the Latin phrase that they use.
[01:13:24.180 --> 01:13:27.180] But whatever that phrase is, basically I sent the notice to them,
[01:13:27.180 --> 01:13:34.180] letting them know that I will be suing them in the courts.
[01:13:34.180 --> 01:13:44.180] Now that that's done, I have not had my arraignment yet for this, for this issue.
[01:13:44.180 --> 01:13:47.180] Wait a minute, arraignment?
[01:13:47.180 --> 01:13:53.180] Or, yeah, I have not put in it, I have not entered a plea yet.
[01:13:53.180 --> 01:13:57.180] Oh, okay.
[01:13:57.180 --> 01:14:09.180] So, but I did file a motion to dismiss because I missed that court date,
[01:14:09.180 --> 01:14:14.180] and they took me directly to jail for that when I showed up over there and said,
[01:14:14.180 --> 01:14:16.180] let them know here, saying I missed my court date.
[01:14:16.180 --> 01:14:19.180] Well, they took me to jail for that, for missing the court date.
[01:14:19.180 --> 01:14:24.180] So on that date, I had filed a motion to dismiss on that day,
[01:14:24.180 --> 01:14:29.180] and basically explaining, hey, that, you know, we're going to have a lawsuit on your hands,
[01:14:29.180 --> 01:14:32.180] end the motion to dismiss.
[01:14:32.180 --> 01:14:37.180] Now I need to ask a quick question because I really don't even want to deal
[01:14:37.180 --> 01:14:40.180] with the municipal court at all.
[01:14:40.180 --> 01:14:47.180] Can I just file my 42 and file an injunction and just have this thing in the federal court?
[01:14:47.180 --> 01:14:49.180] Okay.
[01:14:49.180 --> 01:14:52.180] Hold on.
[01:14:52.180 --> 01:14:57.180] They arrested you for failure to appear, I take it.
[01:14:57.180 --> 01:15:01.180] For failure to appear on a Thursday, I showed up on that Monday,
[01:15:01.180 --> 01:15:03.180] and they arrested me for a failure to appear.
[01:15:03.180 --> 01:15:04.180] Okay, okay.
[01:15:04.180 --> 01:15:06.180] So they're going to fine letter of law.
[01:15:06.180 --> 01:15:11.180] You need to take them to fine letter of law and give them a subject matter
[01:15:11.180 --> 01:15:15.180] jurisdiction challenge.
[01:15:15.180 --> 01:15:22.180] Have you read the transportation code for the state of Georgia?
[01:15:22.180 --> 01:15:27.180] I've read the part that pertains to me.
[01:15:27.180 --> 01:15:32.180] The right to travel?
[01:15:32.180 --> 01:15:41.180] There is nothing about the right to travel in the transportation code.
[01:15:41.180 --> 01:15:57.180] Does the transportation code indicate that it is for the purpose of regulating commercial traffic?
[01:15:57.180 --> 01:16:01.180] That is...
[01:16:01.180 --> 01:16:10.180] How did they bring you within the statutory scheme?
[01:16:10.180 --> 01:16:11.180] Well, this is a municipality.
[01:16:11.180 --> 01:16:14.180] Municipalities cannot write law.
[01:16:14.180 --> 01:16:21.180] They can only write ordinances, and those ordinances only apply to the corporation,
[01:16:21.180 --> 01:16:28.180] employees of the corporation or someone in contractual privity with the municipality
[01:16:28.180 --> 01:16:30.180] who has agreed to the statutory scheme.
[01:16:30.180 --> 01:16:35.180] How did you agree to this statutory scheme?
[01:16:35.180 --> 01:16:37.180] Well, I never did because I'm not a resident.
[01:16:37.180 --> 01:16:38.180] I don't have a license in Georgia.
[01:16:38.180 --> 01:16:41.180] I have a license in Michigan, so I'm not...
[01:16:41.180 --> 01:16:44.180] Okay, this is the one where they...
[01:16:44.180 --> 01:16:45.180] Okay, hang on.
[01:16:45.180 --> 01:16:46.180] We're about to go to break.
[01:16:46.180 --> 01:16:48.180] We're going to run out of time here.
[01:16:48.180 --> 01:17:01.180] We'll be right back.
[01:17:18.180 --> 01:17:38.180] We're going to run out of time here.
[01:17:38.180 --> 01:17:53.180] We're going to run out of time here.
[01:17:53.180 --> 01:18:09.180] We're going to run out of time here.
[01:18:09.180 --> 01:18:24.180] We're going to run out of time here.
[01:18:24.180 --> 01:18:39.180] We're going to run out of time here.
[01:18:39.180 --> 01:18:54.180] We're going to run out of time here.
[01:18:54.180 --> 01:19:09.180] We're going to run out of time here.
[01:19:09.180 --> 01:19:24.180] We're going to run out of time here.
[01:19:24.180 --> 01:19:27.180] Okay, we are back.
[01:19:27.180 --> 01:19:30.180] Randy Kelton back with our radio.
[01:19:30.180 --> 01:19:33.180] And we're talking about Georgia.
[01:19:33.180 --> 01:19:36.180] There were a couple of places I wanted to go to.
[01:19:36.180 --> 01:19:41.180] Here, the judge claimed that you failed to appear at the
[01:19:41.180 --> 01:19:45.180] date and time that he demanded that you appear.
[01:19:45.180 --> 01:19:48.180] And he ordered your arrest.
[01:19:48.180 --> 01:19:59.180] So where did a municipal judge get authority to have you arrested?
[01:19:59.180 --> 01:20:03.180] Well, that's a good question.
[01:20:03.180 --> 01:20:12.180] Because he only has jurisdiction over crimes that are punishable by fine only.
[01:20:12.180 --> 01:20:18.180] He would have had to take that failure to appear charged to a county court
[01:20:18.180 --> 01:20:22.180] and have the county court issues a warrant.
[01:20:22.180 --> 01:20:27.180] He can't.
[01:20:27.180 --> 01:20:34.180] You know, I brought that up to a former judge here.
[01:20:34.180 --> 01:20:38.180] And I don't think the rules are the same here as it may be in Texas
[01:20:38.180 --> 01:20:42.180] when it comes to that particular issue.
[01:20:42.180 --> 01:20:43.180] Now, hold on.
[01:20:43.180 --> 01:20:44.180] Rules.
[01:20:44.180 --> 01:20:47.180] We don't care about rules.
[01:20:47.180 --> 01:20:51.180] We care about statute.
[01:20:51.180 --> 01:20:54.180] The courts make up the rules.
[01:20:54.180 --> 01:20:57.180] The legislature writes the statute.
[01:20:57.180 --> 01:21:06.180] Where did the legislature give a municipal judge authority to enforce a
[01:21:06.180 --> 01:21:19.180] crime, to make a claim against a citizen that carried a term of imprisonment?
[01:21:19.180 --> 01:21:24.180] They don't get to just do it because it's convenient.
[01:21:24.180 --> 01:21:29.180] And the fact that they have been doing something a long time may give the
[01:21:29.180 --> 01:21:37.180] appearance of law, but it never gives the authority of law.
[01:21:37.180 --> 01:21:43.180] You need to ask that judge to show you exactly where he has authority to
[01:21:43.180 --> 01:21:47.180] have you arrested.
[01:21:47.180 --> 01:21:49.180] Now, this is not contempt of court.
[01:21:49.180 --> 01:21:53.180] He can have you incarcerated for contempt of court.
[01:21:53.180 --> 01:21:58.180] This is a criminal accusation of failure to appear.
[01:21:58.180 --> 01:22:00.180] Look it up in Georgia law.
[01:22:00.180 --> 01:22:05.180] It's going to be a Class B misdemeanor.
[01:22:05.180 --> 01:22:07.180] Okay.
[01:22:07.180 --> 01:22:12.180] And then you go back and claim the judge acted without subject matter
[01:22:12.180 --> 01:22:15.180] jurisdiction, and they're going to say, well, this is how we do it.
[01:22:15.180 --> 01:22:18.180] I don't care how you do it.
[01:22:18.180 --> 01:22:21.180] I care what the law says.
[01:22:21.180 --> 01:22:23.180] Correct.
[01:22:23.180 --> 01:22:25.180] So that's one thing to go after.
[01:22:25.180 --> 01:22:30.180] The other one is how do they get you under the staff to restore skin?
[01:22:30.180 --> 01:22:39.180] What does Georgia law say about who can enforce the traffic code?
[01:22:39.180 --> 01:22:46.180] You have to be certified by the GDOT, Georgia Department of Transportation,
[01:22:46.180 --> 01:22:49.180] to enforce the transportation code.
[01:22:49.180 --> 01:22:57.180] Did you request the certification for this officer?
[01:22:57.180 --> 01:22:59.180] I have not.
[01:22:59.180 --> 01:23:03.180] I got my last ticket thrown out because of that.
[01:23:03.180 --> 01:23:07.180] I have a letter right here from the chief of police at Decatur, Texas.
[01:23:07.180 --> 01:23:11.180] It says that he cannot respond to my open records request.
[01:23:11.180 --> 01:23:16.180] He has no records responsive to my request because his officers do not
[01:23:16.180 --> 01:23:22.180] enforce the Texas transportation code.
[01:23:22.180 --> 01:23:24.180] They dismissed the case.
[01:23:24.180 --> 01:23:26.180] I did a failure to appear.
[01:23:26.180 --> 01:23:28.180] I didn't show up where I was supposed to.
[01:23:28.180 --> 01:23:31.180] They dismissed the case anyway.
[01:23:31.180 --> 01:23:33.180] Okay.
[01:23:33.180 --> 01:23:36.180] So that's the next place to go.
[01:23:36.180 --> 01:23:41.180] Put in a request for that certification.
[01:23:41.180 --> 01:23:50.180] And have you looked at Georgia law to see who can be certified?
[01:23:50.180 --> 01:23:54.180] Let me explain why this is a problem for them.
[01:23:54.180 --> 01:23:59.180] When they look at this certification process,
[01:23:59.180 --> 01:24:05.180] what they're thinking is these are DOT officers.
[01:24:05.180 --> 01:24:09.180] These are the guys that stop commercial trucks.
[01:24:09.180 --> 01:24:19.180] And the certification is teaching them how to inspect commercial trucks.
[01:24:19.180 --> 01:24:27.180] It's not clicking to them that that's the only thing the code applies to.
[01:24:27.180 --> 01:24:30.180] And this is what the chief of police problem was.
[01:24:30.180 --> 01:24:36.180] He assumed that you've got DOT officers and then you've just got traffic cops.
[01:24:36.180 --> 01:24:38.180] No, no, no.
[01:24:38.180 --> 01:24:46.180] There's only one set that enforces the traffic code, and that's the DOT officers.
[01:24:46.180 --> 01:24:49.180] The rest of them don't have authority.
[01:24:49.180 --> 01:24:57.180] That's the way it is in Texas, and I suspect it's the same way in Georgia.
[01:24:57.180 --> 01:25:02.180] They've just been doing it, and nobody's really challenged it.
[01:25:02.180 --> 01:25:05.180] And they make a lot of money doing it.
[01:25:05.180 --> 01:25:11.180] So the courts are real reluctant to rule in your favor, but it's all about money.
[01:25:11.180 --> 01:25:16.180] You want to give them a reason to make your case go away.
[01:25:16.180 --> 01:25:24.180] But in your case, you really want to give them opportunity to create more tort against you.
[01:25:24.180 --> 01:25:29.180] Yeah.
[01:25:29.180 --> 01:25:30.180] So you might...
[01:25:30.180 --> 01:25:34.180] The first thing to look at is that arrest.
[01:25:34.180 --> 01:25:39.180] And that shows that they're holding you to fine letter of law.
[01:25:39.180 --> 01:25:43.180] So you have a right to hold them to the same letter.
[01:25:43.180 --> 01:25:45.180] Yeah.
[01:25:45.180 --> 01:25:46.180] Okay.
[01:25:46.180 --> 01:25:47.180] So that's what I'll be doing.
[01:25:47.180 --> 01:25:48.180] I'm going to go back.
[01:25:48.180 --> 01:25:50.180] When do you guys update your archives?
[01:25:50.180 --> 01:25:56.180] Because I've got to listen to this again, not in a place to write this stuff down.
[01:25:56.180 --> 01:25:57.180] Okay, good, good.
[01:25:57.180 --> 01:26:02.180] And sometimes when I go over these, I'm kind of pedantic.
[01:26:02.180 --> 01:26:10.180] And that's because I'm trying to get all of the detail in there so that you can go through the archives
[01:26:10.180 --> 01:26:15.180] and pull it back out, because I don't expect you to understand all this all at once.
[01:26:15.180 --> 01:26:19.180] It took me several years.
[01:26:19.180 --> 01:26:25.180] So I do apologize if I sometimes sound like I'm running on and on,
[01:26:25.180 --> 01:26:30.180] but there are a certain set of key elements that need to be in place.
[01:26:30.180 --> 01:26:34.180] And once you kind of got the sequence, then you can fill in the blanks pretty easy.
[01:26:34.180 --> 01:26:40.180] But if you lose one of those key elements, you can wind up getting clobbered.
[01:26:40.180 --> 01:26:45.180] Yeah, I don't want that already being clobbered, so I'm not trying to do that.
[01:26:45.180 --> 01:26:49.180] Now it's your turn to go back after them.
[01:26:49.180 --> 01:26:50.180] Yeah.
[01:26:50.180 --> 01:26:52.180] Okay.
[01:26:52.180 --> 01:26:56.180] Let us know how this goes, Charles.
[01:26:56.180 --> 01:26:57.180] Thank you, Randy.
[01:26:57.180 --> 01:26:58.180] I appreciate it.
[01:26:58.180 --> 01:26:59.180] And I'm going to be having my friend call you.
[01:26:59.180 --> 01:27:00.180] He should be calling you tonight.
[01:27:00.180 --> 01:27:06.180] He's trying to get in, but I guess the cardboard is full, so he'll be calling in shortly.
[01:27:06.180 --> 01:27:07.180] Okay, thank you.
[01:27:07.180 --> 01:27:12.180] Okay, now we're going to go to Steve in Florida.
[01:27:12.180 --> 01:27:13.180] Hello, Steve.
[01:27:13.180 --> 01:27:17.180] What do you have for us today?
[01:27:17.180 --> 01:27:18.180] Hi, Randy.
[01:27:18.180 --> 01:27:19.180] How are you?
[01:27:19.180 --> 01:27:22.180] It's good to talk to you.
[01:27:22.180 --> 01:27:23.180] I'm good.
[01:27:23.180 --> 01:27:24.180] Good.
[01:27:24.180 --> 01:27:29.180] I woke up this morning, I checked the obituaries, and I wasn't in there.
[01:27:29.180 --> 01:27:32.180] So it's a good day.
[01:27:32.180 --> 01:27:33.180] That's real nice.
[01:27:33.180 --> 01:27:44.180] I've spoken with Mr. Craig in the past about an incident that happened a short time ago
[01:27:44.180 --> 01:27:52.180] where I was down on vacation visiting my mother, and a call came in.
[01:27:52.180 --> 01:28:00.180] I was assaulted by police in Vacation Town, and I spent four days in jail.
[01:28:00.180 --> 01:28:08.180] However, now I have local attorneys down there at the Vacation Town, and I want to understand
[01:28:08.180 --> 01:28:15.180] what exactly are the rights that I waived if my attorney enters a plea on my behalf
[01:28:15.180 --> 01:28:17.180] or on my wife's behalf.
[01:28:17.180 --> 01:28:19.180] She has two resisting charges.
[01:28:19.180 --> 01:28:25.180] I have two assaults on Leos.
[01:28:25.180 --> 01:28:27.180] Okay, details.
[01:28:27.180 --> 01:28:32.180] What was the nature of the claims?
[01:28:32.180 --> 01:28:33.180] Okay, wait, let me back up.
[01:28:33.180 --> 01:28:37.180] You asked a specific question.
[01:28:37.180 --> 01:28:44.180] As far as I know, when you enter a plea, you don't waive any rights.
[01:28:44.180 --> 01:28:46.180] Okay.
[01:28:46.180 --> 01:28:52.180] So there's a lot of people that do a lot of patriot mythology, song and dance, about that.
[01:28:52.180 --> 01:28:57.180] But it's like they're just looking for a reason to argue.
[01:28:57.180 --> 01:29:00.180] Entering a plea does not grant jurisdiction.
[01:29:00.180 --> 01:29:04.180] It doesn't waive anything.
[01:29:04.180 --> 01:29:10.180] So there are fights to have, but we don't want to have fights that we can't win
[01:29:10.180 --> 01:29:16.180] or that if we win the fight, don't make any difference.
[01:29:16.180 --> 01:29:17.180] That's right.
[01:29:17.180 --> 01:29:24.180] I have an incredibly unconstitutional assault violation, kidnapping, imprisonment.
[01:29:24.180 --> 01:29:29.180] I can't accept that, and I have to confront this, and I'd like to make it stick.
[01:29:29.180 --> 01:29:31.180] I believe all charges should be dropped.
[01:29:31.180 --> 01:29:34.180] That's the way myself and my wife are approaching this.
[01:29:34.180 --> 01:29:39.180] And our attorneys, I feel all politics is local, and they might be.
[01:29:39.180 --> 01:29:45.180] Okay, you've got to realize your attorney's going to throw you under the bus.
[01:29:45.180 --> 01:29:46.180] Yes, sir.
[01:29:46.180 --> 01:30:01.180] This is what they do, unless you give your attorney laws of undeniability.
[01:30:01.180 --> 01:30:03.180] Seafood lovers, beware.
[01:30:03.180 --> 01:30:07.180] A new undercover investigation has found that half of Massachusetts seafood
[01:30:07.180 --> 01:30:10.180] is misleadingly labeled as a more expensive variety.
[01:30:10.180 --> 01:30:15.180] I'm Dr. Catherine Albrecht, and I'll be back with details on this fishy business.
[01:30:15.180 --> 01:30:17.180] Privacy is under attack.
[01:30:17.180 --> 01:30:20.180] When you give up data about yourself, you'll never get it back again.
[01:30:20.180 --> 01:30:25.180] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.180 --> 01:30:30.180] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.180 --> 01:30:33.180] Privacy, it's worth hanging on to.
[01:30:33.180 --> 01:30:36.180] This public service announcement is brought to you by StartPage.com,
[01:30:36.180 --> 01:30:40.180] the private search engine alternative to Google, Yahoo, and Bing.
[01:30:40.180 --> 01:30:44.180] Start over with StartPage.
[01:30:44.180 --> 01:30:48.180] New Englanders will tell you fresh cod is a delicacy worth paying for.
[01:30:48.180 --> 01:30:53.180] Problem is, your chances of actually getting the cod you order is no better than 50-50 these days.
[01:30:53.180 --> 01:30:56.180] According to an investigation by the Boston Globe,
[01:30:56.180 --> 01:31:02.180] nearly half of all seafood sold in Massachusetts is wrongly labeled as a more expensive variety.
[01:31:02.180 --> 01:31:04.180] The riskiest order was tuna.
[01:31:04.180 --> 01:31:07.180] Every sample tested was, in fact, a cheaper variety,
[01:31:07.180 --> 01:31:10.180] in most cases escolar, which can cause stomach upset.
[01:31:10.180 --> 01:31:14.180] Other common replacements include tilapia for red snapper,
[01:31:14.180 --> 01:31:19.180] catfish masquerading as grouper, and farm-raised salmon labeled as wild.
[01:31:19.180 --> 01:31:22.180] Sadly, seafood has become fishy business.
[01:31:22.180 --> 01:31:27.180] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.180 --> 01:31:36.180] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.180 --> 01:31:38.180] The government says that fire brought it down.
[01:31:38.180 --> 01:31:43.180] However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.180 --> 01:31:46.180] Over 6,000 of my fellow service members have given their lives.
[01:31:46.180 --> 01:31:48.180] Thousands of my fellow first responders are dying.
[01:31:48.180 --> 01:31:50.180] I'm not a conspiracy theorist.
[01:31:50.180 --> 01:31:51.180] I'm a structural engineer.
[01:31:51.180 --> 01:31:52.180] I'm a New York City correction officer.
[01:31:52.180 --> 01:31:53.180] I'm an Air Force pilot.
[01:31:53.180 --> 01:31:55.180] I'm a father who lost his son.
[01:31:55.180 --> 01:31:57.180] We're Americans, and we deserve the truth.
[01:31:57.180 --> 01:32:00.180] Go to RememberBuilding7.org today.
[01:32:00.180 --> 01:32:03.180] Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.180 --> 01:32:06.180] Did your home receive hail or wind damage from the recent storms?
[01:32:06.180 --> 01:32:09.180] Come on, we all know the government caused it with their chemtrails,
[01:32:09.180 --> 01:32:11.180] but good luck getting them to pay for it.
[01:32:11.180 --> 01:32:14.180] Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
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[01:32:38.180 --> 01:32:40.180] Mention the crypto show and get $100 off,
[01:32:40.180 --> 01:32:45.180] and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.180 --> 01:32:50.180] So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.180 --> 01:32:56.180] That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.180 --> 01:32:58.180] Discounts are based on full roof replacement.
[01:32:58.180 --> 01:33:02.180] May not actually be kidding about chemtrails.
[01:33:02.180 --> 01:33:05.180] Looking for some truth? You found it.
[01:33:05.180 --> 01:33:29.180] Logosradionetwork.com.
[01:33:36.180 --> 01:33:38.180] Okay, we are back.
[01:33:38.180 --> 01:33:45.180] Randy Kelton, VETPAC, Ruth of Our Radio, and we're talking to Stephen, Florida.
[01:33:45.180 --> 01:33:48.180] Okay, your issue is not traffic.
[01:33:48.180 --> 01:33:54.180] Yours is assaulting officers.
[01:33:54.180 --> 01:33:56.180] Yes.
[01:33:56.180 --> 01:34:03.180] We're vacationing, looking at the lovely town, which is a tourist spot.
[01:34:03.180 --> 01:34:13.180] And a call came in that said I was grabbing my wife,
[01:34:13.180 --> 01:34:16.180] or she tried to walk away, and I walked behind her.
[01:34:16.180 --> 01:34:26.180] So we were stopped 90 seconds later after the first dispatch.
[01:34:26.180 --> 01:34:35.180] And the officer on a bicycle gave me five seconds or so to produce a license.
[01:34:35.180 --> 01:34:37.180] Give me your license now.
[01:34:37.180 --> 01:34:38.180] We stopped because we had a call.
[01:34:38.180 --> 01:34:40.180] Give me your license now.
[01:34:40.180 --> 01:34:43.180] Grab me and started arresting me.
[01:34:43.180 --> 01:34:48.180] And so the charges were dropped for the initial stop.
[01:34:48.180 --> 01:34:53.180] There was one about not producing a license, like an obstruction charge,
[01:34:53.180 --> 01:34:57.180] dropped, mine was dropped, my trains advised that it was dropped.
[01:34:57.180 --> 01:35:00.180] They told me on a call that it was dropped.
[01:35:00.180 --> 01:35:06.180] I'm wondering, and also the initial stop would have been for domestic violence.
[01:35:06.180 --> 01:35:07.180] That was also dropped.
[01:35:07.180 --> 01:35:10.180] I was told by my trains last week.
[01:35:10.180 --> 01:35:19.180] So I'm wondering about through the poison tree what these assaults hang on, period.
[01:35:19.180 --> 01:35:23.180] Okay, wait a minute, so have all the charges been dropped?
[01:35:23.180 --> 01:35:32.180] Only the DV and the ID, the two assaults on officers had not been dropped.
[01:35:32.180 --> 01:35:37.180] What was the nature of the assault on the officers?
[01:35:37.180 --> 01:35:49.180] Well, that goes into, they said that I was fighting and grabbing them and not complying or going down to the ground
[01:35:49.180 --> 01:35:52.180] as they scrammed down to the ground and tried to legs wave me.
[01:35:52.180 --> 01:35:56.180] So that would be the essence of it.
[01:35:56.180 --> 01:36:04.180] There was no, they reported in a report that they were open, that I hit an officer with an open palm.
[01:36:04.180 --> 01:36:12.180] And there were more details to that, but I never used any kicking or fighting motions.
[01:36:12.180 --> 01:36:14.180] I was simply...
[01:36:14.180 --> 01:36:18.180] Did these guys have body cams?
[01:36:18.180 --> 01:36:20.180] No, sir, not.
[01:36:20.180 --> 01:36:22.180] I've not been able to confirm that they have,
[01:36:22.180 --> 01:36:28.180] and I believe I've spoken with people who would know, and they do not have there.
[01:36:28.180 --> 01:36:35.180] Yeah, the problem is, I take it you don't live near where this occurred?
[01:36:35.180 --> 01:36:39.180] That's right, I was vacationing.
[01:36:39.180 --> 01:36:47.180] They know you have you at an incredible disadvantage because you live so far away from where this is occurring,
[01:36:47.180 --> 01:36:51.180] so all they're doing is squeezing you for money.
[01:36:51.180 --> 01:36:54.180] Okay.
[01:36:54.180 --> 01:37:00.180] Have you had your lawyer do any discovery?
[01:37:00.180 --> 01:37:08.180] Yes, as a matter of fact, they told me and my wife that they are waiting on discovery,
[01:37:08.180 --> 01:37:17.180] waiting on discovery and have not been very forthright about what might be included
[01:37:17.180 --> 01:37:24.180] or what specifically they have, they told us they have one witness who's willing to say
[01:37:24.180 --> 01:37:31.180] that the officers arresting us were, quote, unquote, dicks throughout the whole thing.
[01:37:31.180 --> 01:37:37.180] I don't have details about what the witness has told them.
[01:37:37.180 --> 01:37:46.180] I've been gingerly, in a way, polite in order to see if these attorneys will indeed work
[01:37:46.180 --> 01:37:48.180] to drop off.
[01:37:48.180 --> 01:37:55.180] Okay, what the attorneys are going to do is they're going to huff and puff and threaten
[01:37:55.180 --> 01:37:59.180] and make it sound like they're going to put you in prison for the rest of your life,
[01:37:59.180 --> 01:38:06.180] and then they're going to offer you this great deal where you pay them a whole lot of money.
[01:38:06.180 --> 01:38:10.180] That's all it's about.
[01:38:10.180 --> 01:38:16.180] I don't know how to help you, and this is a problem because if you live there
[01:38:16.180 --> 01:38:21.180] and if you were close, you could fight this much more effectively.
[01:38:21.180 --> 01:38:27.180] But if you're living a long way off, this is a problem.
[01:38:27.180 --> 01:38:31.180] Yeah.
[01:38:31.180 --> 01:38:36.180] So what would you, what do you need from me?
[01:38:36.180 --> 01:38:41.180] What can I do to give you assistance?
[01:38:41.180 --> 01:38:45.180] Can you tell me what a CITAPP is?
[01:38:45.180 --> 01:38:50.180] Okay, acronyms make me nuts.
[01:38:50.180 --> 01:38:53.180] I have no idea what that means.
[01:38:53.180 --> 01:38:57.180] Okay, it's a hearing my wife has next Thursday.
[01:38:57.180 --> 01:39:06.180] She and I believe that they are leading us towards entering a plea on her behalf
[01:39:06.180 --> 01:39:11.180] of not guilty for the two resisting on officer charges.
[01:39:11.180 --> 01:39:20.180] And again, I do want to research if I'm waiving any rights regarding her.
[01:39:20.180 --> 01:39:26.180] No, you're not waiving any rights entering a not guilty plea.
[01:39:26.180 --> 01:39:32.180] It waives no rights at all.
[01:39:32.180 --> 01:39:36.180] If that's a concern, you can dispel that.
[01:39:36.180 --> 01:39:41.180] Entering a plea does not grant a court jurisdiction that wouldn't otherwise have it.
[01:39:41.180 --> 01:39:43.180] It doesn't grant it venue.
[01:39:43.180 --> 01:39:47.180] It doesn't grant it anything.
[01:39:47.180 --> 01:39:52.180] Okay.
[01:39:52.180 --> 01:39:57.180] I believe that when I become more pointed with the attorneys Monday morning,
[01:39:57.180 --> 01:40:02.180] perhaps asking some questions via email and following up with them early Monday,
[01:40:02.180 --> 01:40:12.180] I have an inclination that they're going to not appreciate the follow-ups that I'm doing.
[01:40:12.180 --> 01:40:20.180] And I just, I know you suggest that we go pro-save, but I just can't.
[01:40:20.180 --> 01:40:23.180] I feel like when we go to hire another lawyer.
[01:40:23.180 --> 01:40:24.180] Oh, no, no.
[01:40:24.180 --> 01:40:30.180] I don't suggest that you go pro-save, especially when your liberty is at stake.
[01:40:30.180 --> 01:40:31.180] Yes.
[01:40:31.180 --> 01:40:32.180] Okay.
[01:40:32.180 --> 01:40:34.180] Get your liberties secured.
[01:40:34.180 --> 01:40:37.180] If you want to go after them later, fine.
[01:40:37.180 --> 01:40:41.180] But first, get your liberties secured.
[01:40:41.180 --> 01:40:43.180] And they're not interested in putting you in jail.
[01:40:43.180 --> 01:40:51.180] They're just interested in how much money they think they can collect from you.
[01:40:51.180 --> 01:40:57.180] And how to handle this is too complex for me to say directly.
[01:40:57.180 --> 01:41:00.180] I'd have to know a whole lot more about what went on.
[01:41:00.180 --> 01:41:03.180] And it's really hard when you're at a distance.
[01:41:03.180 --> 01:41:09.180] They have you at a great disadvantage and they know it.
[01:41:09.180 --> 01:41:13.180] Okay, Sarah, anything else I could do to help?
[01:41:13.180 --> 01:41:18.180] Well, my wife and I are thinking that they just really don't have anything to hang their hat on.
[01:41:18.180 --> 01:41:22.180] And that we would like for them to drop the charges.
[01:41:22.180 --> 01:41:28.180] I'm wondering if a continuance should be filed on my wife's Thursday hearing,
[01:41:28.180 --> 01:41:34.180] because mine, the felonious, is in the fall.
[01:41:34.180 --> 01:41:40.180] And if my charges were later dropped, or in the interim, if my charges were dropped,
[01:41:40.180 --> 01:41:44.180] would that not naturally mean hers would be as well thrown out?
[01:41:44.180 --> 01:41:52.180] Not necessarily, because it depends on what the circumstances were.
[01:41:52.180 --> 01:42:02.180] And if she slapped and kicked and gouged them in the eye, the circumstances are going to be different.
[01:42:02.180 --> 01:42:06.180] So it all depends on the circumstances.
[01:42:06.180 --> 01:42:11.180] Well, as I mentioned, I did call Eddie Craig's show, and he replied to my email.
[01:42:11.180 --> 01:42:14.180] So I'm so grateful, and I love your network.
[01:42:14.180 --> 01:42:19.180] It has been an invaluable resource to me since my friend turned me on to you guys.
[01:42:19.180 --> 01:42:22.180] And I learned a lot of stuff in the interim.
[01:42:22.180 --> 01:42:26.180] I'm also wondering about the challenging subject matter jurisdiction.
[01:42:26.180 --> 01:42:33.180] Is that something that I should think about while I have these local attorneys who may be...
[01:42:33.180 --> 01:42:38.180] No, it's a little more difficult in a criminal issue,
[01:42:38.180 --> 01:42:42.180] because here they clearly do have subject matter jurisdiction.
[01:42:42.180 --> 01:42:48.180] It's not like traffic, where the traffic only applies to commercial.
[01:42:48.180 --> 01:42:56.180] Here, they've charged you with a crime under this statutory common law.
[01:42:56.180 --> 01:43:02.180] And everybody is subject to the penal code.
[01:43:02.180 --> 01:43:11.180] So you do fall within the statutory scheme.
[01:43:11.180 --> 01:43:14.180] So we don't have that claim.
[01:43:14.180 --> 01:43:19.180] In order for me to say what you might have, I'd have to have a statement of facts.
[01:43:19.180 --> 01:43:22.180] Have you written one up?
[01:43:22.180 --> 01:43:27.180] Yes, I am working on it, especially as discovery comes my way.
[01:43:27.180 --> 01:43:37.180] But I do have a red line of the police report showing how there's possibilities that what they say is factual.
[01:43:37.180 --> 01:43:44.180] Okay, well, you're being way too vague for me to be able to tell you anything specific.
[01:43:44.180 --> 01:43:46.180] Hang on, we're about to go to break.
[01:43:46.180 --> 01:43:53.180] Randy Kelton, VetPak, Rue de la Radio, call at number 512-646-1984.
[01:43:53.180 --> 01:44:00.180] We'll be right back.
[01:44:00.180 --> 01:44:04.180] At Capital Coin and Bullion, our mission is to be your preferred shopping destination
[01:44:04.180 --> 01:44:08.180] by delivering excellent customer service and outstanding value at an affordable price.
[01:44:08.180 --> 01:44:14.180] We provide a wide assortment of favorite products featuring a great selection of high quality coins and precious metals.
[01:44:14.180 --> 01:44:18.180] We cater to beginners in coin collecting as well as large transactions for investors.
[01:44:18.180 --> 01:44:24.180] We believe in educating our customers with resources from top accredited metals dealers and journalists.
[01:44:24.180 --> 01:44:27.180] If we don't have what you're looking for, we can find it.
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[01:44:43.180 --> 01:44:46.180] Call us at 512-646-6440.
[01:44:46.180 --> 01:44:51.180] We're located at 7304 Burnet Road, Suite A, about a half mile south of Anderson.
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[01:44:54.180 --> 01:45:00.180] Visit us at CapitalCoinandBullion.com or call 512-646-6440.
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[01:46:02.180 --> 01:46:22.180] Okay, we are back.
[01:46:22.180 --> 01:46:27.180] Randy Kelton, Vette Pack, Rule of Law Radio, and we're talking to Steve in Florida.
[01:46:27.180 --> 01:46:30.180] Steve, I don't know what else I can do for you.
[01:46:30.180 --> 01:46:41.180] I would have to have a statement of facts to kind of understand what all went on before I could give you any kind of suggestion.
[01:46:41.180 --> 01:46:49.180] It kind of worries me when I have someone whose liberty is at risk.
[01:46:49.180 --> 01:46:58.180] You being so far away, being far away from where the prosecution is makes it very difficult for you to really take them on.
[01:46:58.180 --> 01:47:07.180] And from talking to you, you don't have a strong enough grasp of the code
[01:47:07.180 --> 01:47:18.180] and how to implement it to be in a position to take on an issue where your liberty or your wife's liberty can be at risk.
[01:47:18.180 --> 01:47:27.180] So I would be very careful here until I got the liberty issue handled.
[01:47:27.180 --> 01:47:28.180] Okay.
[01:47:28.180 --> 01:47:29.180] Okay.
[01:47:29.180 --> 01:47:30.180] Okay.
[01:47:30.180 --> 01:47:36.180] Well, you know, just in a nutshell, this is where the cops allegedly had a report of domestic violence
[01:47:36.180 --> 01:47:45.180] and a lady on the street corner, while I had my arm around my wife's shoulder,
[01:47:45.180 --> 01:47:50.180] my wife was looking at her phone and stepped down almost into oncoming traffic.
[01:47:50.180 --> 01:47:57.180] And I said, sweetheart, the lights is still red, the little white sign of the walking man is not on yet.
[01:47:57.180 --> 01:47:58.180] So she stepped back up.
[01:47:58.180 --> 01:48:01.180] A lady said, hey, is he bothering you?
[01:48:01.180 --> 01:48:02.180] Are you trying to get away from him?
[01:48:02.180 --> 01:48:03.180] Is he hurting you?
[01:48:03.180 --> 01:48:05.180] Do you want to come with us?
[01:48:05.180 --> 01:48:07.180] Do you want me to call 911?
[01:48:07.180 --> 01:48:09.180] And my wife said, no, he's my husband.
[01:48:09.180 --> 01:48:16.180] And I said, frankly, ma'am, in all due respect, I think you're butting into our private business and I don't appreciate that.
[01:48:16.180 --> 01:48:22.180] I think that's what angered her and she made the 911 call.
[01:48:22.180 --> 01:48:27.180] We walked away around the corner and the police.
[01:48:27.180 --> 01:48:29.180] Wait, wait, wait, wait, wait.
[01:48:29.180 --> 01:48:31.180] I can't do this this way.
[01:48:31.180 --> 01:48:41.180] Can you write up just a timeline of everything that happened and then email that to me and then call back and we can talk about it?
[01:48:41.180 --> 01:48:49.180] Because going through the facts this way, it would get really complex and we'd spend the whole show trying to sort out all these details.
[01:48:49.180 --> 01:48:50.180] Sure thing.
[01:48:50.180 --> 01:48:54.180] But you absolutely need this written down.
[01:48:54.180 --> 01:48:58.180] You've given me a number of gems of advice that I've taken note of.
[01:48:58.180 --> 01:49:02.180] So I thank you for your time and for taking my call.
[01:49:02.180 --> 01:49:03.180] Okay.
[01:49:03.180 --> 01:49:08.180] Most important thing I can suggest is write down precisely what happened.
[01:49:08.180 --> 01:49:13.180] A good written statement is better than a recording.
[01:49:13.180 --> 01:49:22.180] And you can be sure these officers had mics on them, if not video.
[01:49:22.180 --> 01:49:24.180] And request the recordings.
[01:49:24.180 --> 01:49:28.180] When the cops screw up, they always erase the recordings.
[01:49:28.180 --> 01:49:34.180] And that puts them in a difficult position when they don't produce the recordings.
[01:49:34.180 --> 01:49:38.180] Okay, I need to move along, we've got a full board of callers.
[01:49:38.180 --> 01:49:39.180] All right.
[01:49:39.180 --> 01:49:40.180] Appreciate it, Randy.
[01:49:40.180 --> 01:49:41.180] Good night.
[01:49:41.180 --> 01:49:42.180] Okay.
[01:49:42.180 --> 01:49:43.180] Good night, Steve.
[01:49:43.180 --> 01:49:45.180] Now we're going to go to Oliver in Texas.
[01:49:45.180 --> 01:49:46.180] Texas.
[01:49:46.180 --> 01:49:48.180] Oliver in Tennessee.
[01:49:48.180 --> 01:49:49.180] Hello.
[01:49:49.180 --> 01:49:51.180] Hello, Oliver.
[01:49:51.180 --> 01:49:53.180] Hi, Noah.
[01:49:53.180 --> 01:49:57.180] I've got a few issues, a lot of issues.
[01:49:57.180 --> 01:50:04.180] I wanted to kind of clear one thing up because I was reading the Tennessee Code of Census
[01:50:04.180 --> 01:50:11.180] and I found something up underneath the, it's called Civil Procedures,
[01:50:11.180 --> 01:50:22.180] Title 20, 15, Chapter 15, Policy Granting, Committee to Foreign Law, Legal Code, or System.
[01:50:22.180 --> 01:50:25.180] And I don't want to read too much of it,
[01:50:25.180 --> 01:50:28.180] but there's this one part right here that says,
[01:50:28.180 --> 01:50:40.180] application to foreseeable violations from foreign law, legal code, or system.
[01:50:40.180 --> 01:50:42.180] It's like 20-15-15.
[01:50:42.180 --> 01:50:44.180] Wait a minute, wait a minute.
[01:50:44.180 --> 01:50:47.180] You broke up there, I couldn't understand what you said there.
[01:50:47.180 --> 01:50:49.180] Can you read that again?
[01:50:49.180 --> 01:50:56.180] It says application to foreseeable violations of constitutional rights from foreign law,
[01:50:56.180 --> 01:51:00.180] legal code, or system.
[01:51:00.180 --> 01:51:02.180] Okay.
[01:51:02.180 --> 01:51:07.180] I don't have enough referential index for that to make any sense.
[01:51:07.180 --> 01:51:09.180] I don't know what the context of it is.
[01:51:09.180 --> 01:51:11.180] Can you?
[01:51:11.180 --> 01:51:16.180] They're referencing anticipated violations?
[01:51:16.180 --> 01:51:18.180] That doesn't make sense.
[01:51:18.180 --> 01:51:22.180] And anticipated violations of foreign law?
[01:51:22.180 --> 01:51:26.180] What is the context of this statute?
[01:51:26.180 --> 01:51:32.180] This is, it's, the title of Civil Procedures is a policy,
[01:51:32.180 --> 01:51:39.180] and the chapter is policy of granting committee to foreign law, legal code, or system.
[01:51:39.180 --> 01:51:45.180] I think committee is authority.
[01:51:45.180 --> 01:51:47.180] I don't know who, it's a committee.
[01:51:47.180 --> 01:51:48.180] Okay.
[01:51:48.180 --> 01:51:51.180] What's the committee, what is their charter?
[01:51:51.180 --> 01:51:55.180] What is the committee formed to do?
[01:51:55.180 --> 01:52:02.180] No, I looked up this committee, and this committee is me like granting authority to,
[01:52:02.180 --> 01:52:06.180] it's not an actual committee, a group of people.
[01:52:06.180 --> 01:52:13.180] It's a law system.
[01:52:13.180 --> 01:52:21.180] I think this chapter is telling, it's a policy chapter about who is allowed to be regulated by
[01:52:21.180 --> 01:52:25.180] foreign law, legal code, or system.
[01:52:25.180 --> 01:52:27.180] Oh, okay.
[01:52:27.180 --> 01:52:33.180] And I had a situation where they used the code, residential code,
[01:52:33.180 --> 01:52:37.180] residential builder code to demolish my house.
[01:52:37.180 --> 01:52:38.180] Okay, okay.
[01:52:38.180 --> 01:52:42.180] Now I'm beginning to understand for those who haven't heard of it before,
[01:52:42.180 --> 01:52:46.180] the city condemned his house, his house had a fire in it,
[01:52:46.180 --> 01:52:50.180] and he didn't get it repaired quick enough because he's short on funds,
[01:52:50.180 --> 01:52:56.180] and the city condemned the property and then razed it.
[01:52:56.180 --> 01:52:59.180] And took 12 years for some department.
[01:52:59.180 --> 01:53:12.180] So you went in and looked at the law, and you found that they acted under a set of law
[01:53:12.180 --> 01:53:18.180] to which you were not liable with, that didn't apply to you.
[01:53:18.180 --> 01:53:19.180] Right.
[01:53:19.180 --> 01:53:27.180] So that's why you're talking about this committee about foreign law and what law applies.
[01:53:27.180 --> 01:53:30.180] Am I in the right place now?
[01:53:30.180 --> 01:53:35.180] Yes, but the committee that you're, it's not the same committee that you're talking about.
[01:53:35.180 --> 01:53:39.180] This committee is called C-O-M-I-T-Y.
[01:53:39.180 --> 01:53:41.180] When I looked it up in the...
[01:53:41.180 --> 01:53:44.180] Oh, committee, oh, comity, comity.
[01:53:44.180 --> 01:53:47.180] Okay, let me look up comity.
[01:53:47.180 --> 01:53:53.180] Comity has to do with standing.
[01:53:53.180 --> 01:53:58.180] Say I am a partner in a contract.
[01:53:58.180 --> 01:54:02.180] I have comity toward that contract.
[01:54:02.180 --> 01:54:09.180] Let me look that up, control, in, C-O-M-I-T-Y.
[01:54:09.180 --> 01:54:15.180] Now it's beginning to make sense.
[01:54:15.180 --> 01:54:17.180] Basically, these are the...
[01:54:17.180 --> 01:54:22.180] Comity, comity, courtesy and consideration behavior toward others.
[01:54:22.180 --> 01:54:27.180] An association of nations or their natural benefit.
[01:54:27.180 --> 01:54:35.180] I need comity legal.
[01:54:35.180 --> 01:54:38.180] My computer doesn't spell very good.
[01:54:38.180 --> 01:54:41.180] There we go.
[01:54:41.180 --> 01:54:48.180] Okay, the term refers to the idea that courts should not act in a way that demeans the
[01:54:48.180 --> 01:54:54.180] jurisdiction laws or jurisdictional decisions of another jurisdiction.
[01:54:54.180 --> 01:55:04.180] A presumption that other jurisdictions will reciprocate the courtesy shown to them as a part of comity.
[01:55:04.180 --> 01:55:09.180] This goes to full faith and...
[01:55:09.180 --> 01:55:12.180] I keep losing that last term.
[01:55:12.180 --> 01:55:19.180] Okay, this is the idea it goes to.
[01:55:19.180 --> 01:55:34.180] If you're in a jurisdiction and something occurs for which there isn't a law in this jurisdiction,
[01:55:34.180 --> 01:55:41.180] you can go to another jurisdiction that has a law addressing this issue.
[01:55:41.180 --> 01:55:50.180] Say you're in Tennessee and something occurs for which there is no law,
[01:55:50.180 --> 01:55:54.180] but they've got one in Kentucky that addresses this issue.
[01:55:54.180 --> 01:56:04.180] What the courts and the legislators say is we trust the legislature of other jurisdictions.
[01:56:04.180 --> 01:56:09.180] We haven't addressed this issue, but they have.
[01:56:09.180 --> 01:56:17.180] Since we haven't addressed it and they have, we trust that they have carefully addressed the issue
[01:56:17.180 --> 01:56:22.180] and created good positive law.
[01:56:22.180 --> 01:56:28.180] We trust the law so you can bring their law into this jurisdiction.
[01:56:28.180 --> 01:56:31.180] Full faith and credit.
[01:56:31.180 --> 01:56:34.180] They give full faith and credit to other laws.
[01:56:34.180 --> 01:56:37.180] Does that sound like where you're going?
[01:56:37.180 --> 01:56:42.180] No, you're correct. I understand. That's the basis of it.
[01:56:42.180 --> 01:56:50.180] As you read on through the rest of it, you start seeing that it starts talking about a natural person
[01:56:50.180 --> 01:56:57.180] and restrictions as far as would violate the rights of a natural person in this state guaranteed
[01:56:57.180 --> 01:57:03.180] by the Tennessee Constitution or the United States Constitution or statutes
[01:57:03.180 --> 01:57:08.180] or decision under those constitutions.
[01:57:08.180 --> 01:57:13.180] I'm thinking that yes, that is correct, but in this wording,
[01:57:13.180 --> 01:57:23.180] it's also stating that there are individuals, natural persons who are protected from all these laws,
[01:57:23.180 --> 01:57:28.180] all these foreign laws, legal codes, or systems.
[01:57:28.180 --> 01:57:33.180] Okay, okay. That makes sense.
[01:57:33.180 --> 01:57:37.180] I'm looking down through these definitions. Here's one that's a little better.
[01:57:37.180 --> 01:57:46.180] Courtesy, respect, a disposition to perform some official act out of goodwill and tradition
[01:57:46.180 --> 01:57:48.180] rather than obligation or law.
[01:57:48.180 --> 01:57:54.180] The acceptance or adoption of decisions or laws by a court of another jurisdiction,
[01:57:54.180 --> 01:58:06.180] either foreign or domestic, based on public policy rather than legal mandate.
[01:58:06.180 --> 01:58:12.180] And what I understand you're saying is they can do that,
[01:58:12.180 --> 01:58:18.180] but not if in doing that and pulling that foreign jurisdiction law,
[01:58:18.180 --> 01:58:28.180] not if it restricts you as a natural person in any one of your rights as guaranteed by Tennessee law.
[01:58:28.180 --> 01:58:33.180] Right. And it's clearly United States and the Constitution.
[01:58:33.180 --> 01:58:34.180] Yes.
[01:58:34.180 --> 01:58:37.180] Statutes, it clearly states everything in there.
[01:58:37.180 --> 01:58:41.180] So I'm trying to figure out. It's a break. It's a break.
[01:58:41.180 --> 01:58:50.180] Yes, there's a break coming. Hold on. We'll be right back.
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