ROL_2016-07-29_16k_Hr1-2.timecode
[00:00.000 --> 00:05.840] The following use flash is brought to you by the Lone Star Lowdown, providing your daily
[00:05.840 --> 00:13.440] bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.440 --> 00:17.800] into the tides of the alternative.
[00:17.800 --> 00:24.400] Markets for Wednesday, the 27th of July, 2016, are currently treading with gold at $1,327.05
[00:24.400 --> 00:31.880] an ounce, silver $19.95 an ounce, Texas crude $42.92 a barrel, and Bitcoin is currently
[00:31.880 --> 00:40.860] sitting at about $658 U.S. currency.
[00:40.860 --> 00:46.260] Today in history, the year 1929, the Geneva Convention dealing with the treatment of prisoners
[00:46.260 --> 00:48.800] of war is signed by 53 nations.
[00:48.800 --> 00:52.600] Its provisions dealt mostly with the capture and captivity of prisoners of war and the
[00:52.600 --> 00:55.560] classification and treatment of civilians during war.
[00:55.560 --> 01:03.480] The 1929 Geneva Convention agreement was signed today in history.
[01:03.480 --> 01:09.040] In recent news, Julian Assange, via his anonymous whistleblower site, Wikileaks, released 20,000
[01:09.040 --> 01:13.320] hacked emails from the Democratic National Convention on Friday, July 22nd, days before
[01:13.320 --> 01:17.040] the commencement of the convention on Monday, allowing it to be disseminated and read over
[01:17.040 --> 01:18.040] the weekend.
[01:18.040 --> 01:21.360] The emails were so embarrassingly damning that they resulted in Debbie Schultz, the
[01:21.360 --> 01:25.840] chairwoman of the Democratic National Committee, resigning on Sunday, a day before the opening
[01:25.840 --> 01:26.840] ceremonies.
[01:26.840 --> 01:30.360] Amongst the litany of embarrassing emails leaked by Wikileaks, there were emails from
[01:30.360 --> 01:36.760] January 2015 to May 2016 where DNC staff essentially preselected Hillary for the nomination discussing
[01:36.760 --> 01:41.440] how to deal with Bernie Sanders in order to ensure Clinton's nomination long before any
[01:41.440 --> 01:42.720] votes had been cast.
[01:42.720 --> 01:46.680] The bulk of released emails come from seven prominent DNC staff members, senior advisor
[01:46.680 --> 01:52.160] Andrew Wright, national finance director Jordan Kaplan, finance chief of staff Scott Comer,
[01:52.160 --> 01:56.480] Northern California finance director Robert Stowe, finance director of data and strategic
[01:56.480 --> 02:01.440] initiatives Daniel Parrish, finance director Alan Zachary, and Miranda.
[02:01.440 --> 02:05.160] Amongst the emails was one dated May 5th where the chief financial officer of the Democratic
[02:05.160 --> 02:09.640] National Committee, Brad Marshall, suggested attacking Sanders over his Jewish heritage,
[02:09.640 --> 02:12.120] contrasted to his atheistic tendencies.
[02:12.120 --> 02:16.560] This Wikileak release comes weeks after hacker Guccifer 2.0 had released several internal
[02:16.560 --> 02:21.640] memos showing that the DNC staff were strategizing to make Clinton the presidential nominee as
[02:21.640 --> 02:23.540] early as March 2015.
[02:23.540 --> 02:28.160] This release was followed by a class action lawsuit against Debbie Schultz and the DNC
[02:28.160 --> 02:31.080] in June by Florida-based law firm Beck and Lee.
[02:31.080 --> 02:35.480] If this wasn't enough, an email dated May 6th from the DNC digital office and Obama
[02:35.480 --> 02:40.280] campaign veteran Rebecca Christopher read, quote, attached to the script for a new video
[02:40.280 --> 02:44.520] we'd like to use to mop up some of the more Taco Bull engagement and demonstrate that
[02:44.520 --> 02:46.480] Trump actually isn't trying.
[02:46.480 --> 02:50.720] It is yet unclear whether she was referring to Donald Trump's Cinco de Mayo tweet or to
[02:50.720 --> 02:54.200] the Hispanic voting constituents as the Taco Bell engagement.
[02:54.200 --> 03:22.760] This was Rook Rody with your lowdown for July 27th, 2016.
[03:25.200 --> 03:26.200] Okay.
[03:26.200 --> 03:27.200] Howdy, howdy.
[03:27.200 --> 03:28.200] Randy Kelton.
[03:28.200 --> 03:29.200] Vet Pack.
[03:29.200 --> 03:30.200] Good of my radio.
[03:30.200 --> 03:35.200] I'm afraid we don't have that for one more week.
[03:35.200 --> 03:41.200] She's in the process of setting up a new business and took longer than expected.
[03:41.200 --> 03:44.200] So we will have her next week.
[03:44.200 --> 03:46.200] I apologize for that.
[03:46.200 --> 03:48.200] I sure miss her being here.
[03:48.200 --> 03:53.200] I know you probably get tired of my long monologues.
[03:53.200 --> 03:58.200] Speaking of which, I'm going to start on a monologue.
[03:58.200 --> 04:00.200] First, I'm going to turn on the phone lines.
[04:00.200 --> 04:04.200] So anyone who has a question or comment, give us a call.
[04:04.200 --> 04:10.200] 512-646-1984 will be taking your calls all night.
[04:10.200 --> 04:17.200] And I'm going to start out by talking about a new project that I am in the process of
[04:17.200 --> 04:20.200] implementing.
[04:20.200 --> 04:27.200] I've set up a website, thelawsociety.net.
[04:27.200 --> 04:35.200] Now, if you go anywhere in the world except the United States, and you mention the Law
[04:35.200 --> 04:44.200] Society, that means the Bar Association, the Association of Lawyers, or Barristers, or
[04:44.200 --> 04:45.200] Solicitors.
[04:45.200 --> 04:50.200] Everywhere in the world, almost, it's called the Law Society.
[04:50.200 --> 04:55.200] If you do a search for the Law Society, you won't get the lawsociety.net.
[04:55.200 --> 05:02.200] You'll get lawsociety.org, and that's the Law Society in England.
[05:02.200 --> 05:04.200] So I was able to get the name.
[05:04.200 --> 05:05.200] Nobody had registered it.
[05:05.200 --> 05:07.200] So I got the lawsociety.net.
[05:07.200 --> 05:12.200] And on that, I'm setting up a paralegal service.
[05:12.200 --> 05:14.200] I should have done this years ago.
[05:14.200 --> 05:19.200] This is essentially what we're doing on the air, is a paralegal service.
[05:19.200 --> 05:26.200] And the primary reason I'm setting up the paralegal service, and I'm offering a number
[05:26.200 --> 05:32.200] of services, but the primary one, it's kind of hidden at the bottom, is I'm going to
[05:32.200 --> 05:37.200] start doing audits of cases.
[05:37.200 --> 05:44.200] I do an audit of a case if you're thinking of hiring a lawyer.
[05:44.200 --> 05:45.200] I audit the case.
[05:45.200 --> 05:52.200] Now, if you listen to the advertisements for Dr. Frederick Graves in Jurisdictionary,
[05:52.200 --> 05:57.200] he said, the advertisement speaks to know what your lawyer should be doing for you.
[05:57.200 --> 06:00.200] Well, that's the purpose of the audit.
[06:00.200 --> 06:07.200] When you hire the lawyer, with an audit in hand, you know what he should be doing for
[06:07.200 --> 06:08.200] you.
[06:08.200 --> 06:13.200] And if you listen to the show much, you'll understand that he's not going to be doing
[06:13.200 --> 06:18.200] for you what he should be doing for you, and you'll understand the reason why.
[06:18.200 --> 06:22.200] It's not because he doesn't want to adjudicate your case.
[06:22.200 --> 06:27.200] It's because he's more afraid of the judge than he is of you.
[06:27.200 --> 06:33.200] So we get you an audit going in, and then you make the lawyer more afraid of you than
[06:33.200 --> 06:35.200] he is the judge.
[06:35.200 --> 06:41.200] Then you can press the lawyer into using his relationship with the opposing counsel and
[06:41.200 --> 06:48.200] the judge to cover his behind from a difficult client.
[06:48.200 --> 06:56.200] And if you've already been through a case, bankruptcy, foreclosure, any kind of lawsuit
[06:56.200 --> 07:03.200] where you are either the plaintiff or the defendant, and you hired counsel, we will
[07:03.200 --> 07:05.200] audit the case.
[07:05.200 --> 07:12.200] We will tell you what the lawyer should have done, show you what he didn't do, show you
[07:12.200 --> 07:22.200] why he should have done it, and the output document will be in the form of a malpractice
[07:22.200 --> 07:24.200] suit against the lawyer.
[07:24.200 --> 07:28.200] This is the real reason.
[07:28.200 --> 07:34.200] Everything I do here is about fixing the system.
[07:34.200 --> 07:41.200] And I've listened to these lawyers advertise, oh, if you've used talcum powder, call us.
[07:41.200 --> 07:43.200] If you've breathed the air, call us.
[07:43.200 --> 07:47.200] We'll sue somebody.
[07:47.200 --> 07:53.200] Constantly you hear lawyers trying to get you to call them so they can sue somebody
[07:53.200 --> 07:56.200] for anything they can think of.
[07:56.200 --> 08:04.200] And for a long time I've been thinking, why isn't anybody suing lawyers?
[08:04.200 --> 08:11.200] Everybody calls in here and talks about what a horrible mess lawyers make of their cases
[08:11.200 --> 08:16.200] and how they throw them under the bus, and nobody's suing the lawyers.
[08:16.200 --> 08:22.200] When a lawyer takes on a case, first thing he looks for is deep pockets.
[08:22.200 --> 08:26.200] Where are some deep pockets I can get into?
[08:26.200 --> 08:31.200] First he looks at you to see how deep your pockets are so he can calculate how much he
[08:31.200 --> 08:33.200] can squeeze out of you.
[08:33.200 --> 08:39.200] Then he looks at the defendant to see how deep their pockets are or see who's associated
[08:39.200 --> 08:43.200] with the defendant that he can draw into the case and get into their deep pockets.
[08:43.200 --> 08:45.200] He's always looking for deep pockets.
[08:45.200 --> 08:49.200] Well, the lawyer has some pretty deep pockets.
[08:49.200 --> 08:54.200] Most all of them carry errors in admissions policies.
[08:54.200 --> 09:02.200] So when you sue the lawyer, the lawyer doesn't get to call these shots because the lawyer
[09:02.200 --> 09:04.200] is not going to represent himself in the defense.
[09:04.200 --> 09:09.200] He's going to get another lawyer and most likely his insurance carrier is going to hire
[09:09.200 --> 09:12.200] a lawyer to represent him.
[09:12.200 --> 09:20.200] And then the insurance company's lawyer is as likely to throw the lawyer under the bus
[09:20.200 --> 09:26.200] as your lawyer was likely to throw you under the bus if it means they can get out from
[09:26.200 --> 09:29.200] under part of the liability.
[09:29.200 --> 09:40.200] So a malpractice suit is a very powerful tool that we can use to help lawyers get past this
[09:40.200 --> 09:42.200] sphere of judges.
[09:42.200 --> 09:47.200] They're afraid to adjudicate your suit because they don't want to annoy the judge.
[09:47.200 --> 09:53.200] They don't want to file a pleading that they haven't filed before because they might make
[09:53.200 --> 09:55.200] a mistake and get sanctioned.
[09:55.200 --> 10:03.200] So we put them in a position to where it's far more dangerous not to actively adjudicate
[10:03.200 --> 10:10.200] a case than it is to file pleadings the judge hasn't seen before.
[10:10.200 --> 10:12.200] I've got a couple callers, so that's my story.
[10:12.200 --> 10:13.200] I'm sticking to it.
[10:13.200 --> 10:20.200] I hope by next week I'll have a banner up on the website and anything that I make doing
[10:20.200 --> 10:27.200] these audits, I'm going to put a good portion of it back to the radio station to help support
[10:27.200 --> 10:28.200] the radio station.
[10:28.200 --> 10:32.200] We're ending our fundraiser this week and we've extended it considerably because we
[10:32.200 --> 10:37.200] just haven't got enough to keep this station going.
[10:37.200 --> 10:43.200] And we're struggling to keep it up, so maybe this will help pull in some funds to help
[10:43.200 --> 10:44.200] support this network.
[10:44.200 --> 10:46.200] Okay, we're going to go to callers.
[10:46.200 --> 10:48.200] We have two callers on the board.
[10:48.200 --> 10:49.200] We have Kathy from Texas.
[10:49.200 --> 10:50.200] Hello, Kathy.
[10:50.200 --> 10:51.200] Well, hello, Randy.
[10:51.200 --> 10:54.200] I just wanted to touch base with you.
[10:54.200 --> 10:56.200] I got your email.
[10:56.200 --> 10:58.200] Sorry about that.
[10:58.200 --> 11:07.200] But I was looking on, just as sort of an information for people, I was looking on the Travis County
[11:07.200 --> 11:14.200] records office and you had told me to look up all the deeds and things that had been
[11:14.200 --> 11:17.200] filed on my house because we were going to discuss that.
[11:17.200 --> 11:22.200] But what was interesting was I started looking and I put in the search terms and absolutely
[11:22.200 --> 11:23.200] nothing came up.
[11:23.200 --> 11:25.200] And I thought, this isn't right.
[11:25.200 --> 11:32.200] You know, it's like, okay, so I called the office and the lady said, oh, you put in too
[11:32.200 --> 11:33.200] many search terms.
[11:33.200 --> 11:34.200] Just put in one word.
[11:34.200 --> 11:35.200] It's like, huh?
[11:35.200 --> 11:36.200] What?
[11:36.200 --> 11:37.200] Okay.
[11:37.200 --> 11:44.200] So it seems that if you put in enough information that normal search engines would give you
[11:44.200 --> 11:48.200] specific information, it just doesn't go anywhere.
[11:48.200 --> 11:55.200] So if you're really looking for stuff, you need to do multiple searches and you can do
[11:55.200 --> 11:56.200] one name at a time.
[11:56.200 --> 11:58.200] I did my husband's name first.
[11:58.200 --> 11:59.200] I did my name.
[11:59.200 --> 12:01.200] I did the seller of my house.
[12:01.200 --> 12:02.200] I did their name.
[12:02.200 --> 12:08.200] And each time I got a different document and it's all documents that I needed.
[12:08.200 --> 12:14.200] But if I put two names or if I put an address and a name, I didn't get anything.
[12:14.200 --> 12:15.200] Okay.
[12:15.200 --> 12:19.200] Let me give you a suggestion.
[12:19.200 --> 12:24.200] Always search by your last name, then first name.
[12:24.200 --> 12:29.200] And you can go down to the bottom and tell it what kind of document you want.
[12:29.200 --> 12:34.200] But I never do that unless I'm looking for a trustee's deed or something.
[12:34.200 --> 12:39.200] I put in last name, first name, then it'll give you a list of documents.
[12:39.200 --> 12:42.200] I always look for the deed of trust.
[12:42.200 --> 12:46.200] You click on the deed of trust and open it up.
[12:46.200 --> 12:54.200] And once it's open, on the left-hand side up at the top, there's a link for related
[12:54.200 --> 12:56.200] documents.
[12:56.200 --> 12:58.200] I click that.
[12:58.200 --> 13:05.200] And that will tend to give you any documents filed subsequent to or that name this deed
[13:05.200 --> 13:07.200] of trust.
[13:07.200 --> 13:11.200] That'll get you most of the stuff that's been filed.
[13:11.200 --> 13:12.200] Okay.
[13:12.200 --> 13:15.200] So with that, you said most.
[13:15.200 --> 13:16.200] Okay.
[13:16.200 --> 13:18.200] So it's a good place to start.
[13:18.200 --> 13:19.200] Yeah.
[13:19.200 --> 13:21.200] It took me a while to get that one figured out.
[13:21.200 --> 13:27.200] Well, the other interesting item I've found about it, I went back to download some that
[13:27.200 --> 13:30.200] I had just made notes of.
[13:30.200 --> 13:36.200] And the Travis County Records Office is offline until Monday.
[13:36.200 --> 13:42.200] So you can't even search anything this week until Monday.
[13:42.200 --> 13:43.200] That's annoying.
[13:43.200 --> 13:49.200] But fortunately, Travis County is one of the counties that will let you download stuff
[13:49.200 --> 13:53.200] without charging you a dollar a page.
[13:53.200 --> 13:56.200] And I have to bring the page up to tell you exactly how to do it.
[13:56.200 --> 14:03.200] There's a way you can directly download the documents from the page.
[14:03.200 --> 14:08.200] The next time you start looking, if you'll call me, I'll kind of walk you through how
[14:08.200 --> 14:10.200] to do it.
[14:10.200 --> 14:17.200] Tarrant County and Travis County use exactly the same software.
[14:17.200 --> 14:21.200] Dallas County, however, holy mackerel.
[14:21.200 --> 14:25.200] You can only look at one or two pages.
[14:25.200 --> 14:28.200] And they charge you a dollar a page for every page you download.
[14:28.200 --> 14:33.200] That gets really expensive, really fast.
[14:33.200 --> 14:34.200] Yeah.
[14:34.200 --> 14:39.200] I think I have like 22 pages or something on the ones that I just found.
[14:39.200 --> 14:40.200] Yeah.
[14:40.200 --> 14:49.200] And one of the things that's on our long-term agenda is suing the clerk for using the website
[14:49.200 --> 14:53.200] as a source of income.
[14:53.200 --> 14:55.200] There you go.
[14:55.200 --> 15:01.200] That seemed appropriate for them to charge me for what I've already paid for.
[15:01.200 --> 15:03.200] That's right.
[15:03.200 --> 15:09.200] And what I'm looking at is eventually doing a private attorney general suit against the
[15:09.200 --> 15:11.200] clerk.
[15:11.200 --> 15:12.200] Okay.
[15:12.200 --> 15:15.200] I'll prove that for you.
[15:15.200 --> 15:20.200] Dallas County is going to be a great one to do it, too, because theirs is probably the
[15:20.200 --> 15:25.200] most difficult software to get through and the most restrictive.
[15:25.200 --> 15:26.200] They charge you for searches.
[15:26.200 --> 15:29.200] They charge you for everything.
[15:29.200 --> 15:32.200] It's the most expensive I've ever looked at.
[15:32.200 --> 15:35.200] It makes it almost prohibitive.
[15:35.200 --> 15:44.200] So I want to go on, log on, pay for some, and then go back and sue them for what they
[15:44.200 --> 15:47.200] charge me and what they charge everybody else.
[15:47.200 --> 15:48.200] Right.
[15:48.200 --> 15:51.200] That's what you sue for.
[15:51.200 --> 15:57.200] And then we have some of the smaller counties that are using a third-party vendor.
[15:57.200 --> 16:01.200] The county of Amiens is a real small county.
[16:01.200 --> 16:04.200] And they use a third-party vendor.
[16:04.200 --> 16:11.200] And it's questionable whether they can do that, since the legislation requires the clerk
[16:11.200 --> 16:16.200] now to make their records available online.
[16:16.200 --> 16:23.200] It's questionable whether they can turn that into a profitable venture.
[16:23.200 --> 16:28.200] That wouldn't seem right to me, but of course.
[16:28.200 --> 16:35.200] Well, it's a question I want to raise, and maybe in time we can get them to straighten
[16:35.200 --> 16:36.200] all this out.
[16:36.200 --> 16:37.200] It's all new.
[16:37.200 --> 16:42.200] So it's going to have some glitches, and they're going to try to screw us every opportunity
[16:42.200 --> 16:43.200] we get.
[16:43.200 --> 16:45.200] So we'll have to fight them.
[16:45.200 --> 16:46.200] Hang on.
[16:46.200 --> 16:47.200] We're about to go to break.
[16:47.200 --> 16:50.200] This is Randy Kelton, VETPAC, Rue de la Radio.
[16:50.200 --> 16:53.200] Our call in number 512-646-1984.
[16:53.200 --> 17:00.200] We'll be right back.
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[19:24.200 --> 19:26.200] OK, we are back.
[19:26.200 --> 19:29.200] Randy Kelton is back with the radio.
[19:29.200 --> 19:32.200] And it looks like Kathy dropped off during the break.
[19:32.200 --> 19:36.200] OK, we're going to go to Joseph in New York.
[19:36.200 --> 19:38.200] Hello, Joseph.
[19:38.200 --> 19:40.200] Hello.
[19:40.200 --> 19:51.200] I have a few just basic questions so that I know how to proceed here.
[19:51.200 --> 19:52.200] Let's see.
[19:52.200 --> 20:05.200] The first one, this has to do with my vehicle traffic citations that I got.
[20:05.200 --> 20:16.200] When I was researching the judges that have presided over the case, I found that the county
[20:16.200 --> 20:25.200] judge who's sitting in a court of record has been delinquent.
[20:25.200 --> 20:27.200] His bar status is delinquent.
[20:27.200 --> 20:31.200] It has been so for a year as of this month.
[20:31.200 --> 20:40.200] Oh, well, once the judge is elected to the bench, he's no longer a practicing lawyer,
[20:40.200 --> 20:43.200] so he doesn't need to maintain his bar status.
[20:43.200 --> 20:54.200] Well, I was wondering, being a judge of a court of record, if his bar status would matter
[20:54.200 --> 21:01.200] because, I mean, from what I've gathered, basically you've got to be a member of the
[21:01.200 --> 21:02.200] bar in good standing.
[21:02.200 --> 21:06.200] So I wondered if there was any significance to that.
[21:06.200 --> 21:15.200] No, they have to be a lawyer before they can run for the office.
[21:15.200 --> 21:21.200] But once they secure their office, they're not practicing law anymore, so they don't
[21:21.200 --> 21:23.200] have to maintain their bar cards.
[21:23.200 --> 21:26.200] Most judges don't.
[21:26.200 --> 21:27.200] Okay.
[21:27.200 --> 21:31.200] That's interesting.
[21:31.200 --> 21:37.200] But that would affect his ability to engage in his private practice, wouldn't it?
[21:37.200 --> 21:38.200] Right.
[21:38.200 --> 21:43.200] And most elected judges do not engage in private practice.
[21:43.200 --> 21:49.200] Some do if it's a real small jurisdiction where they don't have much work to do, but
[21:49.200 --> 21:51.200] it's very rare.
[21:51.200 --> 21:58.200] They can, and if they were, then they would maintain their license and their bar card,
[21:58.200 --> 22:01.200] but they would be restricted in the cases they could hear.
[22:01.200 --> 22:07.200] They couldn't hear a case that would potentially come before their court.
[22:07.200 --> 22:13.200] I mean, like if it was a Wise County judge here, he could practice in Tarrant County,
[22:13.200 --> 22:16.200] but he couldn't take any cases in Wise County.
[22:16.200 --> 22:18.200] Oh, okay.
[22:18.200 --> 22:22.200] Well, that's good to know.
[22:22.200 --> 22:23.200] Let's see.
[22:23.200 --> 22:38.200] The next question I had has to do with an issue I have with the property tax department.
[22:38.200 --> 22:51.200] Now, I'm basically battling them over their authority to tax my private property, my personal
[22:51.200 --> 23:02.200] property, and they sought to get a tax deed against my property.
[23:02.200 --> 23:10.200] And I found out that they took it before a judge, and he just basically signed it.
[23:10.200 --> 23:13.200] There was no hearing.
[23:13.200 --> 23:18.200] He signed along with some other properties.
[23:18.200 --> 23:30.200] And so there's nothing on the record that shows that they had jurisdiction to do so.
[23:30.200 --> 23:33.200] So sue the judge.
[23:33.200 --> 23:34.200] Exactly.
[23:34.200 --> 23:40.200] Okay, so that's why I was going to ask you, what was the best thing to do, just to flat
[23:40.200 --> 23:41.200] out sue him?
[23:41.200 --> 23:44.200] Yes, send a tort letter to the judge.
[23:44.200 --> 23:47.200] Okay, here's how jurisdiction works.
[23:47.200 --> 23:55.200] When the plaintiff comes before the court and pleas jurisdiction, the court will accept
[23:55.200 --> 24:02.200] the plaintiff's statement as true on its face.
[24:02.200 --> 24:10.200] And so there is the presumption that what the plaintiff pleads is true until it's challenged.
[24:10.200 --> 24:18.200] And the plaintiff's statements asserting jurisdiction are presumed to be true, so the
[24:18.200 --> 24:20.200] judge presumes he has jurisdiction.
[24:20.200 --> 24:28.200] Once you challenge it, that presumption is lost, and the judge at that point loses subject
[24:28.200 --> 24:31.200] matter jurisdiction.
[24:31.200 --> 24:39.200] And here are judges, I'm surprised at how many judges don't understand the nature of
[24:39.200 --> 24:40.200] the claim.
[24:40.200 --> 24:42.200] They say, of course I have jurisdiction.
[24:42.200 --> 24:46.200] I have jurisdiction over these cases in this venue.
[24:46.200 --> 24:49.200] And we're saying, no, no, that's not what we're claiming.
[24:49.200 --> 24:57.200] We're claiming that you don't have what in Wisconsin they called competence.
[24:57.200 --> 25:06.200] It's hard to call a judge incompetent because he tends to take that meaning that he's incapable
[25:06.200 --> 25:09.200] personally of doing something.
[25:09.200 --> 25:20.200] What it really means is he's legally incompetent as the plaintiff lacks either agency standing
[25:20.200 --> 25:26.200] or the legal capacity to invoke the subject matter jurisdiction to the court, or that
[25:26.200 --> 25:33.200] the pleading was insufficient to invoke the subject matter jurisdiction of the court.
[25:33.200 --> 25:40.200] So, when you file a challenge to subject matter jurisdiction, always try to make that real
[25:40.200 --> 25:42.200] clear to the judge.
[25:42.200 --> 25:51.200] We're not challenging your subject matter jurisdiction over the subject matter and the
[25:51.200 --> 25:52.200] venue.
[25:52.200 --> 25:58.200] We're challenging the ability of the plaintiff to invoke your subject matter jurisdiction.
[25:58.200 --> 26:07.200] But once it's lost, it must be proven, it cannot be presumed.
[26:07.200 --> 26:15.200] This is a threshold issue, meaning that jurisdiction has to be addressed first.
[26:15.200 --> 26:21.200] There's two things a judge can do when you challenge subject matter jurisdiction.
[26:21.200 --> 26:27.200] He can hold a hearing on subject matter jurisdiction, or he can dismiss the case.
[26:27.200 --> 26:28.200] That's it.
[26:28.200 --> 26:33.200] He can't do anything else other than administrative type things.
[26:33.200 --> 26:36.200] It doesn't have anything to do with the adjudication of the case.
[26:36.200 --> 26:44.200] So, if this judge, if you file a challenge to subject matter jurisdiction and your challenge
[26:44.200 --> 26:55.200] was sufficient, if the court took everything you said as true, then the truth of your statements
[26:55.200 --> 27:03.200] would amount to a lack of subject matter jurisdiction, then the court lost it and had to prove it.
[27:03.200 --> 27:10.200] So, if he went ahead anyway, that's the only time you could sue a judge.
[27:10.200 --> 27:11.200] Yes.
[27:11.200 --> 27:24.200] So, if there's no response by opposing party, no opposition to your claim that they lacked
[27:24.200 --> 27:31.200] capacity to invoke the subject matter jurisdiction, the court has to take the movement's statement
[27:31.200 --> 27:32.200] as true.
[27:32.200 --> 27:37.200] And if your statement is true, amounted to no jurisdiction, then the court cannot move
[27:37.200 --> 27:38.200] ahead.
[27:38.200 --> 27:42.200] It's not opposing party that has to prove jurisdiction.
[27:42.200 --> 27:46.200] It is the judge.
[27:46.200 --> 27:52.200] We had a guy that was sued for a credit card issue, but they didn't include a statement
[27:52.200 --> 27:54.200] of the claim.
[27:54.200 --> 27:58.200] And in Texas law, it requires a full statement of the claim.
[27:58.200 --> 28:06.200] There has to be a full, all the bills and what you build out, what you paid back, that
[28:06.200 --> 28:11.200] all is required by statute to accompany the suit.
[28:11.200 --> 28:13.200] Well, they didn't include that.
[28:13.200 --> 28:18.200] So, the guy showed it to me and I looked at it and said, man, these guys don't have a
[28:18.200 --> 28:19.200] prayer.
[28:19.200 --> 28:21.200] And he said, well, why not?
[28:21.200 --> 28:22.200] I don't know.
[28:22.200 --> 28:23.200] They don't have a prayer.
[28:23.200 --> 28:28.200] They didn't put the prayer in the suit, among other things.
[28:28.200 --> 28:34.200] The other thing they didn't do was file that accounting.
[28:34.200 --> 28:38.200] So, we sued the judge.
[28:38.200 --> 28:45.280] We filed a challenge subject matter jurisdiction and then sued the judge for exerting or purporting
[28:45.280 --> 28:49.800] to exert an authority he did not expressly have.
[28:49.800 --> 28:55.800] But when he found out about the suit, he got the county attorney to write him a response.
[28:55.800 --> 29:02.520] Well, sorry, Bubba, we sued you in your personal capacity because you didn't have subject matter
[29:02.520 --> 29:03.520] jurisdiction.
[29:03.520 --> 29:08.440] And then you get the county attorney to write your answer for you.
[29:08.440 --> 29:12.400] We sued the county attorney for misappropriation of public funds.
[29:12.400 --> 29:19.000] Oh, that was great fun.
[29:19.000 --> 29:22.040] Which goes to a point.
[29:22.040 --> 29:26.840] What the lawyer on the other side is going to try to do if he can't beat you on the facts,
[29:26.840 --> 29:31.320] he's going to try to beat you on procedure.
[29:31.320 --> 29:38.280] That's great fun when you beat them back on procedure.
[29:38.280 --> 29:39.280] Hang on.
[29:39.280 --> 29:40.680] About to go to break.
[29:40.680 --> 29:50.840] Randy Kelton, BetPak, Radio, on this Friday, the 29th day of July 2016, our call lines
[29:50.840 --> 29:51.840] are open.
[29:51.840 --> 29:55.560] The call in number is 512-646-1984.
[29:55.560 --> 29:57.040] Give us a call.
[29:57.040 --> 30:02.040] We'll be right back.
[30:02.040 --> 30:05.520] Jacob Boscov dreamed up the most sinister weapon he could think of.
[30:05.520 --> 30:10.320] Then he built a prototype and tried to sell it in an international weapons trade show.
[30:10.320 --> 30:11.800] The results were surprising.
[30:11.800 --> 30:16.240] I'm Dr. Catherine Albrecht, and I'll tell you more in just a moment.
[30:16.240 --> 30:17.840] Privacy is under attack.
[30:17.840 --> 30:21.440] When you give up data about yourself, you'll never get it back again.
[30:21.440 --> 30:26.200] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:26.200 --> 30:31.360] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.360 --> 30:33.980] Privacy, it's worth hanging on to.
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[30:45.400 --> 30:47.480] Governments can't be trusted with weapons.
[30:47.480 --> 30:52.080] That's what Danish artist Jacob Boscov discovered when he marketed a fake weapon called the
[30:52.080 --> 30:53.760] ID sniper rifle.
[30:53.760 --> 30:58.040] He claimed it would allow government agents to shoot microchip implants into people from
[30:58.040 --> 31:01.240] a distance and then secretly track them by satellite.
[31:01.240 --> 31:05.080] The chip was supposed to feel like a mosquito bite and leave no obvious marks.
[31:05.080 --> 31:08.880] That's a ridiculous notion, but government representatives from around the world bought
[31:08.880 --> 31:11.160] the concept hook, line, and sinker.
[31:11.160 --> 31:15.600] Reportedly, Chinese police were extremely interested, as were representatives from several
[31:15.600 --> 31:16.600] other countries.
[31:16.600 --> 31:20.040] Governments, they're always looking for new ways to stick it to you.
[31:20.040 --> 31:21.840] I'm Dr. Catherine Albrecht.
[31:21.840 --> 31:24.360] More news and information at CatherineAlbrecht.com.
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[32:01.960 --> 32:04.880] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
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[32:12.520 --> 32:15.760] Among those rights are the right to travel freely from place to place, the right to act
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[33:24.520 --> 33:46.280] Okay, we are back, Randy Kelton, Vet Pack, Rule of Law Radio, and I started the show
[33:46.280 --> 33:49.440] and I forgot to include the date.
[33:49.440 --> 33:58.600] It was the 29th day of July 2016, and we're talking to Joseph in New York.
[33:58.600 --> 34:02.440] And when we went out, we were talking about beating them on procedure.
[34:02.440 --> 34:11.680] I had a friend lose a case after about six years on a really tiny procedural issue.
[34:11.680 --> 34:14.520] So if you can beat them on procedure, that'd be great fun.
[34:14.520 --> 34:20.760] Since the judge didn't follow procedure, it sounds like you got a shot at him.
[34:20.760 --> 34:25.080] Yeah, well, that's just where I'm going to begin.
[34:25.080 --> 34:26.840] This is basically my initial attack.
[34:26.840 --> 34:31.040] There's a lot more that's going to happen later.
[34:31.040 --> 34:36.760] What I'm attempting to do is to basically wipe out that tax deed to get the process
[34:36.760 --> 34:42.640] to go back to where they're going to attempt to try to acquire a tax deed again.
[34:42.640 --> 34:51.280] And at that point, I'm going to attack the tax department for basically lack of contract.
[34:51.280 --> 34:52.520] Okay, wait a minute.
[34:52.520 --> 34:59.800] I had a guy years ago, he subsequently went to prison because he pulled a weapon on some
[34:59.800 --> 35:02.360] federal officers.
[35:02.360 --> 35:05.960] He was a little bit arrogant and it got away from him.
[35:05.960 --> 35:14.680] But what he would do is he would send a letter to the tax assessor collector and ask if the
[35:14.680 --> 35:18.720] county or the state had a claim against his property.
[35:18.720 --> 35:23.400] He'd do this when his taxes were all paid up.
[35:23.400 --> 35:28.040] They would send him back a letter saying, no, they don't have a claim against his property.
[35:28.040 --> 35:34.480] Then he would send back a second letter and ask them to remove his property from the public
[35:34.480 --> 35:38.640] rolls and move it to the private rolls.
[35:38.640 --> 35:43.920] And once it was moved to the private rolls, they didn't tax it.
[35:43.920 --> 35:45.440] You should look at that.
[35:45.440 --> 35:48.280] This was in New York that he was doing this.
[35:48.280 --> 35:49.420] That's not my tactic.
[35:49.420 --> 35:59.720] My tactic was to allow them or to give them the opportunity to declare a claim.
[35:59.720 --> 36:02.880] Okay, the claim is fraudulent.
[36:02.880 --> 36:05.920] I have the money to pay my taxes several times over.
[36:05.920 --> 36:08.200] That's not an issue.
[36:08.200 --> 36:15.320] I wanted them to come forward with a claim so I could attack the claim and sue them.
[36:15.320 --> 36:16.720] Oh, this is great.
[36:16.720 --> 36:18.320] So you're picking the fight.
[36:18.320 --> 36:19.320] Yes.
[36:19.320 --> 36:22.720] Oh, that's the best fight to have.
[36:22.720 --> 36:23.720] Exactly.
[36:23.720 --> 36:32.640] This has to do with a fellow that I was introduced to down in Florida who retired NASA engineer
[36:32.640 --> 36:41.640] and he got into law back in 1993 and got into first vehicle traffic and then codes and then
[36:41.640 --> 36:42.640] property taxes.
[36:42.640 --> 36:47.000] He got a bunch of people off the tax rolls and then a friend, an old school buddy has
[36:47.000 --> 36:49.520] lost his home.
[36:49.520 --> 36:57.560] So they spent a couple of years learning the tax law and then they went after the county
[36:57.560 --> 37:01.760] and ended up winning his friend like $34 million.
[37:01.760 --> 37:02.760] Wow.
[37:02.760 --> 37:07.120] Seizing his house and they had to give him his house back.
[37:07.120 --> 37:12.360] They had to give him all of his previous monies that he had paid in taxes.
[37:12.360 --> 37:13.360] It was like 19 years.
[37:13.360 --> 37:20.560] They had to give him that back and they had to pay the people who acquired the house through
[37:20.560 --> 37:21.560] the tax sale.
[37:21.560 --> 37:25.440] They had to pay them a half a million to leave.
[37:25.440 --> 37:28.200] So they really got creamed.
[37:28.200 --> 37:33.800] He's been working with me, sending me...
[37:33.800 --> 37:40.640] You might want to issue this guy an invite to appear as a guest on our show.
[37:40.640 --> 37:43.720] Okay, I'll do that.
[37:43.720 --> 37:45.720] He's very much aware of you.
[37:45.720 --> 37:50.400] You're one of the people he's followed and learned a lot from.
[37:50.400 --> 37:57.600] He specifically mentioned you when I first came to talk to you or talk to him.
[37:57.600 --> 37:59.440] That would probably be easy to do.
[37:59.440 --> 38:05.600] I'll just give him a call if he might not want to do that.
[38:05.600 --> 38:07.160] Well, good.
[38:07.160 --> 38:13.240] I want as many knowledgeable people on the show as I can get.
[38:13.240 --> 38:16.040] Unfortunately, Jeff Sedgwick, we just lost him.
[38:16.040 --> 38:19.040] He just passed away from cancer.
[38:19.040 --> 38:24.280] He was one of my most knowledgeable people that used to come on and beat me up all the
[38:24.280 --> 38:29.680] time, letting me know where I screwed up, and I've lost him.
[38:29.680 --> 38:33.880] I need somebody else to work me over.
[38:33.880 --> 38:38.000] I have a question concerning private attorney general suit.
[38:38.000 --> 38:41.440] That's kind of what I want to go for.
[38:41.440 --> 38:47.280] I believe I want to stay away from the 1983 because that only has to do with civil rights.
[38:47.280 --> 38:54.240] 1983 is almost exclusively procedural due process.
[38:54.240 --> 39:01.040] There is some substantive due process, but that's extremely hard to litigate.
[39:01.040 --> 39:06.800] Almost all are procedural due process, and what you're doing doesn't sound right for
[39:06.800 --> 39:11.880] procedural due process unless you can show that they're taking your taxes illegally.
[39:11.880 --> 39:20.480] 241, I'm thinking USC 241, 242, and 141, 141 would be-
[39:20.480 --> 39:21.480] Okay.
[39:21.480 --> 39:26.120] 241, 242, those do not give you a private cause of action.
[39:26.120 --> 39:27.120] Oh, they don't?
[39:27.120 --> 39:28.120] No, no.
[39:28.120 --> 39:29.120] They're criminal.
[39:29.120 --> 39:30.120] I was misled.
[39:30.120 --> 39:31.120] Okay.
[39:31.120 --> 39:32.120] Okay.
[39:32.120 --> 39:37.600] So what am I under private attorney general?
[39:37.600 --> 39:39.800] What code am I going to use?
[39:39.800 --> 39:46.560] Well, you just accused them of improperly collecting the taxes.
[39:46.560 --> 39:53.440] Now, you can charge them criminally for stealing this money from the public, but that doesn't
[39:53.440 --> 39:55.120] give you a cause of action.
[39:55.120 --> 40:00.200] You have to go in and show that they took this money from me and harmed me.
[40:00.200 --> 40:01.200] Yes.
[40:01.200 --> 40:10.880] Now, I was talking to a group last Sunday in Georgia, and apparently in Georgia, you
[40:10.880 --> 40:15.960] still have the right of private prosecution.
[40:15.960 --> 40:25.120] Most states back in 1865, when they created public prosecutors, they gave the prosecuting
[40:25.120 --> 40:31.800] attorney exclusive right to prosecute, but apparently they didn't do that in Georgia.
[40:31.800 --> 40:39.760] See, prior to this time, if you had someone commit a crime against you, the criminal statutes
[40:39.760 --> 40:45.120] were there, but they didn't have a public prosecutor, so you'd have to hire a lawyer
[40:45.120 --> 40:49.160] and bring the guy to court and prosecute him yourself.
[40:49.160 --> 40:51.400] We still do that in Georgia.
[40:51.400 --> 40:55.840] You might look at the law in New York.
[40:55.840 --> 41:01.320] That's not something I've looked up in New York to see if you have the right to private
[41:01.320 --> 41:02.320] prosecution.
[41:02.320 --> 41:03.320] Generally...
[41:03.320 --> 41:05.320] At the federal level.
[41:05.320 --> 41:06.320] Yeah.
[41:06.320 --> 41:07.320] Okay.
[41:07.320 --> 41:11.200] Federal level, you don't have a right to...
[41:11.200 --> 41:18.320] A crime does not give you a cause of action.
[41:18.320 --> 41:24.400] Now, the results of the crime may give you a cause of action.
[41:24.400 --> 41:28.280] So you can't sue because they violated this statute.
[41:28.280 --> 41:34.680] You can sue because in violating this statute, they caused me this harm.
[41:34.680 --> 41:37.160] Does that make sense?
[41:37.160 --> 41:39.720] That's exactly where I was going.
[41:39.720 --> 41:40.720] Oh, okay.
[41:40.720 --> 41:52.560] Yeah, in that case, and that gives you good strong standing because, statutorily, that's
[41:52.560 --> 41:55.880] speaking to procedural due process.
[41:55.880 --> 42:00.760] The public official exerted or purported to exert an authority he didn't have, and in
[42:00.760 --> 42:05.080] the process denied you the full free access to your enjoyment right.
[42:05.080 --> 42:10.280] Well, the denial is procedural due process.
[42:10.280 --> 42:14.360] But it is harm per se.
[42:14.360 --> 42:21.320] In order to collect under a procedural due process claim, you don't have to show that
[42:21.320 --> 42:23.680] you've been harmed.
[42:23.680 --> 42:28.880] A violation of one of your rights by a public official while acting under the color of his
[42:28.880 --> 42:32.200] authority is harm on its face.
[42:32.200 --> 42:41.680] Now, how much you get, that would go to a showing of how much harm was caused.
[42:41.680 --> 42:55.440] Now, one of the fellows that I've been talking to on the internet, what he has done or been
[42:55.440 --> 43:08.640] trying to do, hang on, let me go here, because all crimes are civil.
[43:08.640 --> 43:11.440] All cases are civil.
[43:11.440 --> 43:16.160] Let me interject something there before we pass it.
[43:16.160 --> 43:19.160] Criminal is a subset of civil.
[43:19.160 --> 43:20.160] Correct.
[43:20.160 --> 43:28.800] So, that's why all cases are civil, because the code of criminal procedure is really a
[43:28.800 --> 43:33.920] part of the rules of civil procedure, it's just a specific subset.
[43:33.920 --> 43:39.880] Hang on, about to go to break, Randy Kalten, Vet Pack, Rudovil Radio, I call in number
[43:39.880 --> 43:40.880] 512-646-1984.
[43:40.880 --> 43:47.120] And while we're on the break, you might check out our sponsors.
[43:47.120 --> 43:53.880] We can use all the solicitation we can get on our sponsors because they help support
[43:53.880 --> 43:54.880] this network.
[43:54.880 --> 43:57.880] We'll be right back.
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[45:01.200 --> 45:04.400] Are you the plaintiff or defendant in a lawsuit?
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[46:20.560 --> 46:34.160] Okay, we are back, Randy Kelton, VetPak, back with Rule Law Radio and we're talking to Joseph
[46:34.160 --> 46:35.160] in New York.
[46:35.160 --> 46:42.920] And Joseph, as a bit of explanation, I know sometimes I sound somewhat pedantic and it's
[46:42.920 --> 46:47.400] obvious that this is not your first rodeo.
[46:47.400 --> 46:53.840] But when I'm doing this show, I'm always trying to anticipate the questions that my
[46:53.840 --> 47:00.320] listeners will have who aren't as sophisticated in these issues or aren't up to speed on
[47:00.320 --> 47:02.240] the specific issues.
[47:02.240 --> 47:07.920] So sometimes if I seem like I'm discounting your knowledge, I don't mean to.
[47:07.920 --> 47:11.000] I'm just trying to make sure everybody can keep up to speed with this.
[47:11.000 --> 47:13.000] Does that make sense, Joseph?
[47:13.000 --> 47:21.200] Oh, absolutely, I need to make a correction, though, that when it comes to actually suing,
[47:21.200 --> 47:23.240] this is my first rodeo.
[47:23.240 --> 47:27.480] Well, you've obviously done your homework.
[47:27.480 --> 47:37.640] Yeah, I did some paralegal work years ago and so that's where I got some knowledge
[47:37.640 --> 47:42.640] of the language of the law and how it works.
[47:42.640 --> 47:50.080] But again, going after public officials, this is a new hobby.
[47:50.080 --> 48:00.360] Let me give you some tools that you will find very useful and they're not directly obvious.
[48:00.360 --> 48:06.240] Never give legal advice, that's harder to do than you would think.
[48:06.240 --> 48:13.360] I was in court last week and I had prepared some papers for a friend of mine and the judge
[48:13.360 --> 48:14.920] knew me real well.
[48:14.920 --> 48:19.400] He looked at the papers and he knew exactly who did it, he asked him, did you write these?
[48:19.400 --> 48:29.640] Well, I had some help and the judge looked over at me and he said, Mr. Kelton, you have
[48:29.640 --> 48:34.320] to be careful, you're walking a very fine line.
[48:34.320 --> 48:38.760] And what I wanted to say to the judge was, no, I'm not.
[48:38.760 --> 48:45.520] I am a paralegal and I can do this if I want to, you're walking a fine line between witness
[48:45.520 --> 48:48.560] tampering and obstruction of justice.
[48:48.560 --> 48:58.240] But I bit my tongue, kept my mouth shut because it is my rule, never give legal advice.
[48:58.240 --> 49:05.000] You give legal advice, they will always treat you, treat it as if you are threatening them.
[49:05.000 --> 49:12.120] So Bushwhack is better, I'm not going to give you any clues to how I'm coming at you.
[49:12.120 --> 49:20.480] Which leads to the next rule, never ask a public official to do anything you actually
[49:20.480 --> 49:23.880] want him to do.
[49:23.880 --> 49:27.760] Because you never ask him to do anything that the law does not require him to do and when
[49:27.760 --> 49:31.720] he doesn't, you get to whack him good.
[49:31.720 --> 49:35.680] This does more than give you claims against them.
[49:35.680 --> 49:42.000] It protects you from feeling betrayed and mistreated by the courts.
[49:42.000 --> 49:46.860] That is one of their primary tools.
[49:46.860 --> 49:52.840] They know we come to the court with an expectation that the courts will protect us.
[49:52.840 --> 49:58.640] They are our security and we find out they are no such thing and we tend to get frustrated,
[49:58.640 --> 50:06.440] angry, we feel betrayed and then we don't react and respond as well as we could.
[50:06.440 --> 50:12.320] And if we're not careful, it becomes about the fight.
[50:12.320 --> 50:20.200] They hurt us, we want to hurt them back and we forget and take our eyes off the prize.
[50:20.200 --> 50:25.880] If you never ask them to do anything you actually want them to do, make sure you always have
[50:25.880 --> 50:32.080] the next thing you're going to do and never give them legal advice.
[50:32.080 --> 50:39.360] That will set you apart from most everybody that comes in front of them.
[50:39.360 --> 50:45.800] You are the master of the servants and when you start setting them up and they realize
[50:45.800 --> 50:48.960] you're setting them up, they'll begin to treat you as the master.
[50:48.960 --> 50:55.320] They're more likely to get a pleading and that's all I'm going to say on that subject.
[50:55.320 --> 50:58.520] Every submission I make is a trap.
[50:58.520 --> 51:02.600] I'm not trying to get justice.
[51:02.600 --> 51:06.080] I'm hunting them big.
[51:06.080 --> 51:12.760] I've got three judges so far to accuse themselves on my personal case and I'm going after them
[51:12.760 --> 51:19.360] for honest services fraud for accusing themselves.
[51:19.360 --> 51:33.320] Okay, you're going after them for failure to provide you with, what's the term for,
[51:33.320 --> 51:37.040] the specific services claim.
[51:37.040 --> 51:46.240] You have a right to expect, I hate when I lose terms, you expect a certain kind of service
[51:46.240 --> 51:54.080] from your public officials and there's a term for that and it's in my head, it just won't
[51:54.080 --> 52:01.520] come off my tongue so that's a great thing to go after them for.
[52:01.520 --> 52:06.960] The primary thing is the guys in Georgia, the problem that they're having is they're
[52:06.960 --> 52:09.160] not on the attack.
[52:09.160 --> 52:20.520] They're going down and they're petitioning and they're airing their grievances but they're
[52:20.520 --> 52:24.880] not going after them so what happened was is the prosecutor came after them first and
[52:24.880 --> 52:29.640] got them removed from the property and got a restraining order against them for coming
[52:29.640 --> 52:35.000] on the property and I was so frustrated when I heard that.
[52:35.000 --> 52:40.000] Had he went straight for the prosecutor's throat, first crack out of the hat and first
[52:40.000 --> 52:45.760] shot he gets at the judge, goes straight for the judge with legal pleadings then they can't
[52:45.760 --> 52:53.240] come back and do anything to you because now it becomes retaliation.
[52:53.240 --> 53:04.800] I'm accusing them of CPL 195 official misconduct knowingly refraining from performing a duty
[53:04.800 --> 53:07.240] which is opposed upon them by law.
[53:07.240 --> 53:09.960] Yeah, 18 U.S. Code 242.
[53:09.960 --> 53:13.240] That as well, yes.
[53:13.240 --> 53:20.600] I'm going after them for both the violations of state and federal law.
[53:20.600 --> 53:28.400] Somewhere I saw a case where, and I was going to ask you to confirm if it's true or not,
[53:28.400 --> 53:33.400] that your state constitutional rights are deemed to be separate and apart from your
[53:33.400 --> 53:38.520] federal so even though they protect the same right, they're deemed to be different in
[53:38.520 --> 53:39.520] law.
[53:39.520 --> 53:44.560] You can sue for violations of both at the same time, is that correct?
[53:44.560 --> 53:52.600] Screws v. U.S., 93 U.S.C. 365 I believe, but if you do a search for Screws v. U.S. you'll
[53:52.600 --> 53:54.400] find this case.
[53:54.400 --> 54:01.000] A sheriff and two deputies, they're in a bar in Mississippi 1945.
[54:01.000 --> 54:03.720] They're upset at this black guy, they're going to go arrest him.
[54:03.720 --> 54:07.240] The bartender tries to talk him out of it, they won't be dissuaded.
[54:07.240 --> 54:11.800] They go arrest the guy and wind up beating him to death on the courthouse steps.
[54:11.800 --> 54:18.480] They're prosecuted in the state, they're sued in the state, and then they're sued again
[54:18.480 --> 54:19.760] in the Fed.
[54:19.760 --> 54:24.600] And they complain to the court that they didn't have adequate notice that they could be sued
[54:24.600 --> 54:27.560] both in the state and in the Fed.
[54:27.560 --> 54:36.520] And at 109, the court opined.
[54:36.520 --> 54:41.040] A private citizen cannot claim ignorance of the law as a defense to prosecution.
[54:41.040 --> 54:47.160] A public official is held to a much higher standard, and I'm paraphrasing somewhat here.
[54:47.160 --> 54:55.360] They say, and this is not a paraphrase, if a public official violates a ruling of this
[54:55.360 --> 55:04.160] court and he be seen, he may not be heard to say he knows not what he does.
[55:04.160 --> 55:08.640] And the whole point of that is yes, you can be sued in the state and you can be sued in
[55:08.640 --> 55:09.640] the Fed.
[55:09.640 --> 55:12.440] You can definitely do that.
[55:12.440 --> 55:19.520] Because in the Fed, the 42 U.S. Code 1983 is procedural due process, and the Constitution
[55:19.520 --> 55:22.360] guarantees you procedural due process.
[55:22.360 --> 55:27.620] If your state guarantees you procedural due process, you have two guarantees and you can
[55:27.620 --> 55:29.360] exercise them both.
[55:29.360 --> 55:30.360] Okay.
[55:30.360 --> 55:39.040] Now, I pulled up a case recently where the plaintiff invoked under his, in his 1983 supplemental
[55:39.040 --> 55:44.920] jurisdiction of the federal court to hear and decide the plaintiff's claims under state
[55:44.920 --> 55:53.160] law pursuant to 28 U.S.C. 1367A, but I haven't checked that out yet to see if, you know.
[55:53.160 --> 55:54.160] 1367A.
[55:54.160 --> 56:07.440] 1367 was changed recently in the 2011 Venue and Removal Clarification Act.
[56:07.440 --> 56:15.400] What we had was some of the circuits said that if a case that has state issues and federal
[56:15.400 --> 56:23.680] issues is removed to the federal court, the federal court cannot hear the state issues
[56:23.680 --> 56:27.480] because it's an unreasonable preemption of state law.
[56:27.480 --> 56:36.760] Then other circuits said that in that case, the Fed should hear both under the doctrine
[56:36.760 --> 56:38.840] of judicial economy.
[56:38.840 --> 56:47.320] Well, the legislature stepped in and clarified the split between the circuits.
[56:47.320 --> 56:55.760] That is what the Supreme primarily does, is it primarily takes cases where there's a split
[56:55.760 --> 57:00.120] between the circuits and it settles the issue.
[57:00.120 --> 57:07.320] They settled it by saying while a case with state and federal issues can be removed to
[57:07.320 --> 57:14.240] the federal court, the federal court must sever and remand the state issues.
[57:14.240 --> 57:21.160] Look up 2011 Venue and Removal Clarification Act.
[57:21.160 --> 57:28.920] I'm sorry, it's 2012, it was passed in 2011, but took effect in 2012.
[57:28.920 --> 57:35.840] So the 2012 Venue and Removal Clarification Act, I have filed briefs on that a number
[57:35.840 --> 57:42.040] of times and clearly the courts had no idea what the law says.
[57:42.040 --> 57:47.840] It changed in 2012, changed 200 years of law.
[57:47.840 --> 57:53.560] If you look on the federal website, it doesn't have the change in it.
[57:53.560 --> 57:55.800] You have to look up the act.
[57:55.800 --> 58:01.720] Well, that's strange, I mean, well, okay, so as a matter of wide, I don't want to try
[58:01.720 --> 58:04.240] to use that, does it?
[58:04.240 --> 58:05.240] Probably not.
[58:05.240 --> 58:07.200] I mean, I might be able to...
[58:07.200 --> 58:12.720] You can try, if the other side doesn't know about the removal act, then they won't raise
[58:12.720 --> 58:13.720] the issue.
[58:13.720 --> 58:17.360] And if they don't raise the issue, the judge will hear it.
[58:17.360 --> 58:23.760] I filed criminal charges against Judge McBride because he ruled on state issues when I claimed
[58:23.760 --> 58:27.000] he didn't have such a matter of jurisdiction.
[58:27.000 --> 58:31.200] I guess there's no harm in leaving it in there, because they always do.
[58:31.200 --> 58:33.760] Like chicken soup, it couldn't hoit.
[58:33.760 --> 58:39.360] Okay, hang on, about to go to break, Randy Kelton, VetPak, Rule of Law Radio, our call
[58:39.360 --> 58:50.320] in number 512-646-1984, we'll be right back.
[58:50.320 --> 58:54.480] Would you like to make more definite progress in your walk with God?
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[59:32.920 --> 59:45.680] Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102, or visit
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[59:48.960 --> 01:00:00.680] Live, free speech radio, logosradionetwork.com.
[01:00:00.680 --> 01:00:05.880] The following news flash is brought to you by the Lone Star Lowdown, providing your daily
[01:00:05.880 --> 01:00:13.480] bulletins for the commodities market, today in history, news updates, and the inside scoop
[01:00:13.480 --> 01:00:17.840] into the tides of the alternative.
[01:00:17.840 --> 01:00:24.440] Markets for Wednesday, the 27th of July, 2016, are currently treading with gold at $1,327.05
[01:00:24.440 --> 01:00:31.920] an ounce, silver, $19.95 an ounce, Texas crude, $42.92 a barrel, and Bitcoin is currently
[01:00:31.920 --> 01:00:40.880] sitting at about 658 U.S. currency.
[01:00:40.880 --> 01:00:46.280] Today in history, the year 1929, the Geneva Convention dealing with the treatment of prisoners
[01:00:46.280 --> 01:00:48.840] of war is signed by 53 nations.
[01:00:48.840 --> 01:00:52.640] Its provisions dealt mostly with the capture and captivity of prisoners of war and the
[01:00:52.640 --> 01:00:55.560] classification and treatment of civilians during war.
[01:00:55.560 --> 01:01:03.480] The 1929 Geneva Convention agreement was signed today in history.
[01:01:03.480 --> 01:01:09.120] In recent news, Julian Assange, via his anonymous whistleblower site, Wikileaks, released 20,000
[01:01:09.120 --> 01:01:13.280] direct emails from the Democratic National Convention on Friday, July 22, days before
[01:01:13.280 --> 01:01:17.040] the commencement of the convention, on Monday, allowing it to be disseminated and read over
[01:01:17.040 --> 01:01:18.040] the weekend.
[01:01:18.040 --> 01:01:21.320] The emails were so embarrassingly damning that they resulted in Debbie Schultz, the
[01:01:21.320 --> 01:01:25.880] chairwoman of the Democratic National Committee, resigning on Sunday, a day before the opening
[01:01:25.880 --> 01:01:26.880] ceremonies.
[01:01:26.880 --> 01:01:30.340] Amongst the litany of embarrassing emails leaked by Wikileaks, there were emails from
[01:01:30.340 --> 01:01:36.240] January 2015 to May 2016, where DNC staff essentially preselected Hillary for the nomination
[01:01:36.240 --> 01:01:38.740] discussing how to deal with Bernie Sanders.
[01:01:38.740 --> 01:01:42.700] In order to ensure Clinton's nomination, long before any votes had been cast.
[01:01:42.700 --> 01:01:46.640] The bulk of released emails come from seven prominent DNC staff members, senior advisor
[01:01:46.640 --> 01:01:52.320] Andrew Wright, national finance director Jordan Kaplan, finance chief of staff Scott Comer,
[01:01:52.320 --> 01:01:56.440] Northern California finance director Robert Stowe, finance director of data and strategic
[01:01:56.440 --> 01:02:01.400] initiatives Daniel Parrish, finance director Alan Zachary, and Miranda.
[01:02:01.400 --> 01:02:05.120] Amongst the emails was one dated May 5, where the chief financial officer of the Democratic
[01:02:05.120 --> 01:02:09.640] National Committee, Brad Marshall, suggested attacking Sanders over his Jewish heritage,
[01:02:09.640 --> 01:02:12.120] contrasted to his atheistic tendencies.
[01:02:12.120 --> 01:02:16.560] This Wikileak release comes weeks after hacker Guccifer 2.0 had released several internal
[01:02:16.560 --> 01:02:21.620] memos showing that the DNC staff were strategizing to make Clinton the presidential nominee as
[01:02:21.620 --> 01:02:23.520] early as March 2015.
[01:02:23.520 --> 01:02:28.160] This release was followed by a class action lawsuit against Debbie Schultz and the DNC
[01:02:28.160 --> 01:02:31.060] in June by Florida based law firm Beck and Lee.
[01:02:31.060 --> 01:02:35.960] If this wasn't enough, an email dated May 6 from the DNC digital office and Obama campaign
[01:02:35.960 --> 01:02:40.760] veteran Rebecca Christopher read, quote, attached to the script for a new video we'd like to
[01:02:40.760 --> 01:02:45.600] use to mop up some of the more Taco Bull engagement and demonstrate that Trump actually isn't
[01:02:45.600 --> 01:02:46.600] trying.
[01:02:46.600 --> 01:02:50.720] It is yet unclear whether she was referring to Donald Trump's Cinco de Mayo tweet or to
[01:02:50.720 --> 01:02:55.200] the Hispanic voting constituents as the Taco Bell engagement.
[01:02:55.200 --> 01:03:02.200] This was Rook Rody with your lowdown for July 27, 2016.
[01:03:25.200 --> 01:03:33.200] Okay, we are back, Randy Kelton, VETPAC, the news of our radio and we're talking to Joseph
[01:03:33.200 --> 01:03:34.200] in New York.
[01:03:34.200 --> 01:03:37.200] Okay, Joseph, where are we?
[01:03:37.200 --> 01:03:49.560] Well, I guess it would come up to perhaps another question or two having to do with
[01:03:49.560 --> 01:03:55.480] my federal suit here.
[01:03:55.480 --> 01:04:07.560] One is my presumption is that these judges or justices are not presiding in the capacity
[01:04:07.560 --> 01:04:14.720] of a judge or justice when they're presiding over vehicle traffic law.
[01:04:14.720 --> 01:04:19.800] You know, they're presiding as executive administrators.
[01:04:19.800 --> 01:04:27.440] So in my claim, I'm not mentioning the court justice.
[01:04:27.440 --> 01:04:31.600] How do you get to that position?
[01:04:31.600 --> 01:04:50.560] That they're deemed to be clerks for the complaining agency when they're hearing, you know, basically
[01:04:50.560 --> 01:04:59.720] violations of basically your contract, you know, with the motor vehicle department.
[01:04:59.720 --> 01:05:08.720] Okay, so this would apply to the enforcement of a municipal ordinance?
[01:05:08.720 --> 01:05:09.720] Yes.
[01:05:09.720 --> 01:05:19.040] Well, no, it would be, it's not a municipal ordinance because the Department of Motor
[01:05:19.040 --> 01:05:24.800] Vehicles is not a municipal corporation, it's private.
[01:05:24.800 --> 01:05:32.720] Well, I don't see how you can get there if the transportation code has been adopted by
[01:05:32.720 --> 01:05:41.400] the state, then the judge is enforcing state law and that he can do in his capacity as
[01:05:41.400 --> 01:05:42.880] a judge.
[01:05:42.880 --> 01:05:51.880] Now, if he were enforcing a municipal ordinance, that might change things because the legislature
[01:05:51.880 --> 01:05:57.380] is authorized by your constitution to write law.
[01:05:57.380 --> 01:06:03.740] No state has an authorization for the legislature to delegate that power.
[01:06:03.740 --> 01:06:09.320] So they can't delegate writing law to your municipal corporation.
[01:06:09.320 --> 01:06:18.040] So that's why they call their laws ordinances instead of statutes because now you can challenge
[01:06:18.040 --> 01:06:22.880] that you're not within the statutory scheme of the corporation.
[01:06:22.880 --> 01:06:31.720] But if they, if the traffic code has been adopted into state law and a violation is
[01:06:31.720 --> 01:06:40.680] designated a crime rather than administrative violation, I don't see how you can get there.
[01:06:40.680 --> 01:06:44.600] Because from what I understand, it was adapted by resolution.
[01:06:44.600 --> 01:06:52.360] It wasn't adopted in the way that, you know, state law is normally, you know, adopted.
[01:06:52.360 --> 01:07:02.640] It's actually private law that, I'm going to have to bring it up now so I can be a little
[01:07:02.640 --> 01:07:03.640] clearer on it.
[01:07:03.640 --> 01:07:15.440] It is private law that the federal government actually pays to use, the United States as
[01:07:15.440 --> 01:07:29.720] well as 63 other countries, it's owned by Unidroid, it's out of Italy, and, you know,
[01:07:29.720 --> 01:07:40.800] it's adopted by resolution, therefore it isn't state law in the sense that it's law that's
[01:07:40.800 --> 01:07:48.600] adopted by the political entity.
[01:07:48.600 --> 01:07:54.400] So you're saying that it wasn't passed into law.
[01:07:54.400 --> 01:07:55.880] Correct.
[01:07:55.880 --> 01:08:00.000] So what does adopted by resolution mean?
[01:08:00.000 --> 01:08:10.040] Well, adopted by resolution is where, that only happens when they're, you know, adopting
[01:08:10.040 --> 01:08:20.920] something under their corporate powers, alright, and it exclusively applies to their corporate
[01:08:20.920 --> 01:08:21.920] authority.
[01:08:21.920 --> 01:08:22.920] Okay.
[01:08:22.920 --> 01:08:33.880] So it doesn't have anything to do with their sovereign powers, okay, and in that case when
[01:08:33.880 --> 01:08:40.720] they want to adopt private law that applies to, you know, their internal, their corporate
[01:08:40.720 --> 01:08:46.200] functions, alright, then they adopt it by resolution.
[01:08:46.200 --> 01:08:49.080] The law does not apply generally to the people.
[01:08:49.080 --> 01:08:50.080] Okay.
[01:08:50.080 --> 01:08:51.080] So.
[01:08:51.080 --> 01:08:52.080] It applies.
[01:08:52.080 --> 01:08:53.080] Okay.
[01:08:53.080 --> 01:09:01.680] So you have the procedural history of the adoption of the resolution that shows clearly
[01:09:01.680 --> 01:09:10.200] that this was not passed into law, but rather adopted as a resolution, or by resolution.
[01:09:10.200 --> 01:09:12.360] Correct, yeah.
[01:09:12.360 --> 01:09:15.520] That sounds like an interesting argument.
[01:09:15.520 --> 01:09:20.120] You know, I get a lot of these patriot mythology arguments.
[01:09:20.120 --> 01:09:29.240] I had a guy recently who's saying none of the laws apply because the courts are a corporation,
[01:09:29.240 --> 01:09:34.320] and he already spent seven years in prison arguing these issues, and now they're trying
[01:09:34.320 --> 01:09:39.400] to prosecute him again, and I was really frustrated because I was concerned he was going to go
[01:09:39.400 --> 01:09:49.680] back to prison arguing this patriot mythology, and so here this sounds like it, but it also
[01:09:49.680 --> 01:09:56.880] sounds like some of the arguments that Eddie Craig has dug out of the code, and we had
[01:09:56.880 --> 01:10:08.800] one guy prove that the federal penal laws, Title 18, was never passed into law.
[01:10:08.800 --> 01:10:11.120] He proved it.
[01:10:11.120 --> 01:10:18.200] So this could be interesting.
[01:10:18.200 --> 01:10:24.960] But these patronuts aren't, you know, they're not doing their research, and the thing is
[01:10:24.960 --> 01:10:29.600] there is both corporate law and there is sovereign law.
[01:10:29.600 --> 01:10:34.800] They exist simultaneously, and they just don't get that, and you have to understand, you
[01:10:34.800 --> 01:10:44.280] know, when, you know, you're faced with, you know, an accusation, you know, what kind
[01:10:44.280 --> 01:10:50.640] of law are you being accused of violating, or, you know, have you violated some kind
[01:10:50.640 --> 01:10:57.120] of a contractual obligation, or have you violated a general law that applies to everybody, you
[01:10:57.120 --> 01:11:04.440] know, and if you don't understand who or what is accusing you, you know, just going
[01:11:04.440 --> 01:11:08.640] up and saying, well, of course you're commercial, of course you're going to jail.
[01:11:08.640 --> 01:11:11.920] Now you sound like Harmon Taylor.
[01:11:11.920 --> 01:11:14.200] I sound like who?
[01:11:14.200 --> 01:11:17.160] Harmon Taylor.
[01:11:17.160 --> 01:11:19.760] Harmon Taylor always gives me a headache.
[01:11:19.760 --> 01:11:21.580] He is so deep.
[01:11:21.580 --> 01:11:26.200] After I've talked to him, it takes me two or three days to catch up to all of it.
[01:11:26.200 --> 01:11:36.280] But he argues that the only actual law is the penal code.
[01:11:36.280 --> 01:11:38.280] Everything else is by contract.
[01:11:38.280 --> 01:11:39.280] Everything.
[01:11:39.280 --> 01:11:44.360] I would disagree with him, I'd love to talk to him, because I would...
[01:11:44.360 --> 01:11:46.880] I'm telling you, he'll give you a headache.
[01:11:46.880 --> 01:11:54.480] He used to be a lawyer, and got so disgusted with the profession, he gave up his bar card.
[01:11:54.480 --> 01:12:00.160] But he is the deepest thinker I've ever come across.
[01:12:00.160 --> 01:12:07.920] So that's what he argues, is everything is by contract, and the most difficult thing
[01:12:07.920 --> 01:12:14.240] is to understand how we opt into the contract.
[01:12:14.240 --> 01:12:19.080] I was just speaking to a guy today about the little town I live in.
[01:12:19.080 --> 01:12:24.000] I'm working on my house, and I'm right next to City Hall, and I tore down the whole back
[01:12:24.000 --> 01:12:28.880] of the house and rebuilt it, and nobody ever showed up from City Hall.
[01:12:28.880 --> 01:12:34.600] And they're not going to, either, because they don't want to get in a fight with me.
[01:12:34.600 --> 01:12:44.920] But if they did, the first question I was going to ask is, how did I opt into your regulatory
[01:12:44.920 --> 01:12:45.920] scheme?
[01:12:45.920 --> 01:12:51.940] How did I engage myself in a contract with the municipality so that I fall within your
[01:12:51.940 --> 01:12:53.880] regulatory scheme?
[01:12:53.880 --> 01:13:01.680] Now, I know how I did it, but they don't know.
[01:13:01.680 --> 01:13:02.680] That'll work.
[01:13:02.680 --> 01:13:08.720] So I'm not going to tell them.
[01:13:08.720 --> 01:13:11.880] But it's hard not to opt into it.
[01:13:11.880 --> 01:13:19.360] If you accept any benefits, you opt into the contract.
[01:13:19.360 --> 01:13:24.040] Harmon spends a lot of time talking about how to get outside the contract.
[01:13:24.040 --> 01:13:25.280] Yes.
[01:13:25.280 --> 01:13:34.200] In my view, all penal law is civil and moves by contract.
[01:13:34.200 --> 01:13:41.880] Only the general law or the common law in Admiralty and maritime law are truly criminal.
[01:13:41.880 --> 01:13:42.880] Wait.
[01:13:42.880 --> 01:13:45.240] There is no more maritime law.
[01:13:45.240 --> 01:13:52.640] The maritime in 1965 was combined with the civil procedure.
[01:13:52.640 --> 01:13:57.040] They're all one piece now, so there is no separate maritime.
[01:13:57.040 --> 01:14:01.020] And there is no separate jurisdiction.
[01:14:01.020 --> 01:14:09.080] The penal code, the only way that the thing about the penal code is, it's essentially
[01:14:09.080 --> 01:14:12.120] the remnants of the common law.
[01:14:12.120 --> 01:14:21.320] And when you step into the physical boundaries of a jurisdiction, you opt into the common
[01:14:21.320 --> 01:14:23.480] law penal code.
[01:14:23.480 --> 01:14:26.120] But that's all.
[01:14:26.120 --> 01:14:30.220] This guy, he's saying none of the laws apply to him, so I said, it's okay.
[01:14:30.220 --> 01:14:35.260] So if I decide I don't like you, I just walk up and shoot you.
[01:14:35.260 --> 01:14:40.520] And since I don't agree with the statute, it doesn't apply to me.
[01:14:40.520 --> 01:14:47.400] How does that work?
[01:14:47.400 --> 01:14:55.520] There's certain laws that we opt into by being in the jurisdiction, but those are very limited.
[01:14:55.520 --> 01:14:59.400] And you're going from my perspective to the right place.
[01:14:59.400 --> 01:15:02.320] A lot of people want to start in the middle.
[01:15:02.320 --> 01:15:03.800] They want to start with merits.
[01:15:03.800 --> 01:15:05.360] No, no, no, no.
[01:15:05.360 --> 01:15:09.520] We don't get to merits for a while.
[01:15:09.520 --> 01:15:19.000] The first thing I want to see is not the pleading itself, not the sufficiency of the pleading
[01:15:19.000 --> 01:15:20.080] itself.
[01:15:20.080 --> 01:15:27.760] I want to see the standing and legal capacity of the pleador.
[01:15:27.760 --> 01:15:29.160] Who are you?
[01:15:29.160 --> 01:15:31.800] What power do you have to file this thing?
[01:15:31.800 --> 01:15:32.800] Okay.
[01:15:32.800 --> 01:15:37.480] Once we get past that, now I want to look at the sufficiency of the pleading.
[01:15:37.480 --> 01:15:44.040] We mentioned earlier that we sued a judge for sending out a subpoena when the guy that
[01:15:44.040 --> 01:15:52.480] filed the debt collection suit didn't file the statement with the suit that was acquired
[01:15:52.480 --> 01:15:54.760] by statute.
[01:15:54.760 --> 01:16:00.560] And he said, well, it's not my place to determine the jurisdiction, the judge did.
[01:16:00.560 --> 01:16:02.200] You have to determine that.
[01:16:02.200 --> 01:16:08.320] And Mr. Edelman, the client said, well, with all due respect, Your Honor, before you send
[01:16:08.320 --> 01:16:11.880] me this demand to show up in your court and tell me all the things you're going to do
[01:16:11.880 --> 01:16:19.680] to me if I don't, you need to make sure you have authority to do that.
[01:16:19.680 --> 01:16:27.480] So first place we go is, does the pleader have standing and capacity?
[01:16:27.480 --> 01:16:30.440] And did he file a pleading that is sufficient under law?
[01:16:30.440 --> 01:16:36.560] We don't get to the merits for a while and you were going right there, right to the front
[01:16:36.560 --> 01:16:37.560] end.
[01:16:37.560 --> 01:16:44.800] Hang on, about to go to break, Larry, Oliver, I see you there, we'll get to both of you.
[01:16:44.800 --> 01:17:01.720] You'll be right back.
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[01:19:08.800 --> 01:19:34.520] Ain't gonna blame me, don't blame me, well, ain't gonna fool me with that same old trick
[01:19:34.520 --> 01:19:35.520] again.
[01:19:35.520 --> 01:19:44.520] I was blindsided but now I can see your plan, you put the fear in my pockets, took the money
[01:19:44.520 --> 01:19:49.600] from my hand, ain't gonna fool me with that same old trick again.
[01:19:49.600 --> 01:19:50.600] Okay, we are back.
[01:19:50.600 --> 01:19:55.680] We're going to Kelton vet pack with our radio and I goofed up and bailed out a little early
[01:19:55.680 --> 01:19:59.440] on that last one, I got my timing off.
[01:19:59.440 --> 01:20:05.000] Okay, it's better than falling off the cliff but not much better.
[01:20:05.000 --> 01:20:08.640] Okay, where were we?
[01:20:08.640 --> 01:20:18.520] Well, if it would be okay with you, I'd like to bring up a case that I'm relying upon.
[01:20:18.520 --> 01:20:26.160] I'm going to do something a little bit unusual, I'm going to attempt to separate some assistant
[01:20:26.160 --> 01:20:32.400] prosecutors from their office so that I can sue them, all right?
[01:20:32.400 --> 01:20:42.400] And how I'm doing that has to do with the case, it's North Carolina versus Rod Klaas,
[01:20:42.400 --> 01:20:54.640] it's an administrative hearing, it's under 10 DOT 7047 and the ruling of the judge, conclusion
[01:20:54.640 --> 01:21:07.480] of law that I'm relying upon is that the first one I'm using, the Dallas Police Department
[01:21:07.480 --> 01:21:14.320] and the local unit of government is not an agency under Chapter 150B, moreover the respondent
[01:21:14.320 --> 01:21:22.200] license plate agency is also not an agency under 150B because it's a private entity
[01:21:22.200 --> 01:21:26.320] and does not fall within the executive branch of state government.
[01:21:26.320 --> 01:21:32.560] That's because it's Dallas Police and it's a municipal corporation, is that the reason?
[01:21:32.560 --> 01:21:33.560] Yes.
[01:21:33.560 --> 01:21:34.560] Okay.
[01:21:34.560 --> 01:21:38.920] But I'm not, that's not, the one I'm after is the license plate agency, they're their
[01:21:38.920 --> 01:21:43.920] Department of Transportation, it's deemed to be a private entity, therefore, when the
[01:21:43.920 --> 01:21:51.520] prosecutor prosecutes for your violation of a contract against them, he's acting as a
[01:21:51.520 --> 01:21:55.120] private attorney, all right?
[01:21:55.120 --> 01:22:11.560] So he's misusing the office of prosecutor, all right, to go after me when this is a private
[01:22:11.560 --> 01:22:15.360] action, all right?
[01:22:15.360 --> 01:22:18.560] Can you email me a link to that case?
[01:22:18.560 --> 01:22:21.880] Oh, sure, yeah, yeah.
[01:22:21.880 --> 01:22:24.480] I'd very much like to look at that.
[01:22:24.480 --> 01:22:30.400] There's a bunch more cases of judicial decisions that came after that because he took it right
[01:22:30.400 --> 01:22:39.280] up to the state Supreme Court and this ruling was upheld because what he did is he initially
[01:22:39.280 --> 01:22:44.840] sued them for violation of their oath of office and they came back and said, oath of office
[01:22:44.840 --> 01:22:48.160] doesn't apply because we were acting in a private capacity.
[01:22:48.160 --> 01:22:52.600] So then he appealed, he lost his appeal, but that's what he wanted.
[01:22:52.600 --> 01:22:53.600] Okay.
[01:22:53.600 --> 01:22:54.600] Hold on.
[01:22:54.600 --> 01:22:55.600] He attacked them.
[01:22:55.600 --> 01:22:56.600] Okay.
[01:22:56.600 --> 01:23:02.960] The fact that it ruled the way it did, did it go to collateral estoppel?
[01:23:02.960 --> 01:23:03.960] Yes.
[01:23:03.960 --> 01:23:09.280] That's exactly what he did when he finally turned around and sued them, he used estoppel
[01:23:09.280 --> 01:23:12.440] because then they turned around and said, oh, hey, wait a minute, we're a government
[01:23:12.440 --> 01:23:15.720] agency and he said, uh-uh, estoppel, sorry.
[01:23:15.720 --> 01:23:21.920] Okay, here's, here's going to be the weakness in the case from what I've seen so far.
[01:23:21.920 --> 01:23:29.240] This may not, the ruling may not mean that they are a private organization.
[01:23:29.240 --> 01:23:37.640] What it may be saying is you made that claim and under collateral estoppel, you can't get
[01:23:37.640 --> 01:23:43.000] out from under, you can't come to the court and take a position and then subsequently
[01:23:43.000 --> 01:23:48.600] come to the court and take a diametrically opposed position, your collateral estopped.
[01:23:48.600 --> 01:23:54.800] So I'd want to look at the case real careful to make sure that the ruling wasn't based
[01:23:54.800 --> 01:24:02.040] on what they said and were bound to what they said rather than what was actually the case.
[01:24:02.040 --> 01:24:04.040] Does that make sense, Joseph?
[01:24:04.040 --> 01:24:05.640] Oh, absolutely.
[01:24:05.640 --> 01:24:16.080] But he based his attack on a previous case that I haven't downloaded yet out of Virginia
[01:24:16.080 --> 01:24:23.040] where again, three state officials were sued for violation of oath of office.
[01:24:23.040 --> 01:24:28.960] And the case was thrown out because they just declared that they were acting in a private
[01:24:28.960 --> 01:24:32.120] capacity and the court upheld it.
[01:24:32.120 --> 01:24:33.120] Okay.
[01:24:33.120 --> 01:24:38.840] So you haven't seen the case, so you don't know what the nature of the action was.
[01:24:38.840 --> 01:24:40.680] No, I got to download it.
[01:24:40.680 --> 01:24:41.680] I got to pay for it.
[01:24:41.680 --> 01:24:45.960] You know, I mean, it doesn't cost much because they haven't gotten around to doing that yet,
[01:24:45.960 --> 01:24:51.280] but there's been quite a few proceedings.
[01:24:51.280 --> 01:24:53.040] Send me a link to that one as well.
[01:24:53.040 --> 01:24:57.640] I'll download them off Pacer and send them back to you.
[01:24:57.640 --> 01:24:59.120] All right.
[01:24:59.120 --> 01:25:01.720] Yeah, I was just going to pay.
[01:25:01.720 --> 01:25:06.400] It's just like eight bucks or something like that, and then you can do this one site and
[01:25:06.400 --> 01:25:08.280] then you can download all the cases.
[01:25:08.280 --> 01:25:10.440] It's like eight bucks a month or something like that.
[01:25:10.440 --> 01:25:11.440] It's really cheap.
[01:25:11.440 --> 01:25:14.160] Oh, you must have something different.
[01:25:14.160 --> 01:25:17.840] I use Pacer and Pacer charges you so much a page or something.
[01:25:17.840 --> 01:25:20.160] It's like a diamond page.
[01:25:20.160 --> 01:25:21.160] So it's not a big deal.
[01:25:21.160 --> 01:25:28.480] There's a bunch of stuff that this Mr. Klass has, you know, as he goes through various
[01:25:28.480 --> 01:25:39.720] court proceedings, he uploads, you know, both his briefs and the court's findings on this
[01:25:39.720 --> 01:25:40.720] one website there.
[01:25:40.720 --> 01:25:50.200] And then, you know, you can, you know, I'm cautious with Rod Klass.
[01:25:50.200 --> 01:25:57.440] The pleadings that I've read, when I went back and researched out his case law, I wasn't
[01:25:57.440 --> 01:26:00.200] happy with what I found.
[01:26:00.200 --> 01:26:11.840] Now, in Rod Klass' benefit, it may have just been coincidental that I found these cases
[01:26:11.840 --> 01:26:18.520] that didn't fit, but I would be real careful and read these cases carefully because a lot
[01:26:18.520 --> 01:26:26.720] of times we read cases for what we want to find rather than what is actually there.
[01:26:26.720 --> 01:26:28.560] And that would be very careful.
[01:26:28.560 --> 01:26:34.360] Well, I was only interested in what, you know, the judge's role.
[01:26:34.360 --> 01:26:40.800] You know, when I first read, when I initially saw some of Rod Klass' work, I dismissed
[01:26:40.800 --> 01:26:48.080] it, you know, and I didn't follow anything, you know, that he had written for quite some
[01:26:48.080 --> 01:26:59.880] time until I came across this decision, you know, by the North Carolina, you know, county
[01:26:59.880 --> 01:27:00.880] court there.
[01:27:00.880 --> 01:27:06.040] And then I said, oh, hey, wait a minute, that's, you know, that's a very interesting finding.
[01:27:06.040 --> 01:27:13.480] And your reference to the court's decisions, just last night I was talking about that,
[01:27:13.480 --> 01:27:20.560] that you take the court's ruling and this is what Harman Taylor says, he says, if you'll
[01:27:20.560 --> 01:27:26.920] pay attention, when the judge issues a ruling, he's trying to teach you, so you should pay
[01:27:26.920 --> 01:27:28.400] close attention to it.
[01:27:28.400 --> 01:27:37.680] I love taking those court orders apart because generally if it's a lower court order, they're
[01:27:37.680 --> 01:27:42.760] a mess, they're trash, the judge screws up everything.
[01:27:42.760 --> 01:27:48.320] But when you get to the appeals court decisions, they are wonderful pieces.
[01:27:48.320 --> 01:27:50.080] They tell you everything you need to know.
[01:27:50.080 --> 01:27:56.080] They tell you, this is why you're losing this issue, this is how you should have argued
[01:27:56.080 --> 01:27:57.120] the issue.
[01:27:57.120 --> 01:28:00.920] If you pay attention to it, they tell you how to set it up so you can win next time.
[01:28:00.920 --> 01:28:03.320] I really enjoy those.
[01:28:03.320 --> 01:28:05.960] Yes, exactly.
[01:28:05.960 --> 01:28:10.320] So, yeah, I'm working on that.
[01:28:10.320 --> 01:28:18.640] Everything that I just started to, I just thought about today, the trooper that wrote
[01:28:18.640 --> 01:28:24.960] me the tickets, now I've been to court on my traffic citations, I've been to three
[01:28:24.960 --> 01:28:33.760] different courts and all three courts ruled that those traffic citations confer jurisdiction
[01:28:33.760 --> 01:28:34.760] upon the court.
[01:28:34.760 --> 01:28:47.920] Okay, of course, I challenged each time, however, I'm thinking in my suit against the trooper,
[01:28:47.920 --> 01:28:53.400] I'm just going to go along with the fact that they all ruled that his tickets confer jurisdiction
[01:28:53.400 --> 01:29:00.440] upon the court and go after him for basically acting in the capacity of a prosecutor and
[01:29:00.440 --> 01:29:03.880] a whole bunch of other things and with a stopple.
[01:29:03.880 --> 01:29:09.720] Well, okay, there's one thing about the citation.
[01:29:09.720 --> 01:29:18.320] How did the citation establish that you fell within the regulatory scheme?
[01:29:18.320 --> 01:29:24.800] It didn't.
[01:29:24.800 --> 01:29:27.280] I don't care the court ruled what it ruled.
[01:29:27.280 --> 01:29:35.080] No, whether or not they have jurisdiction, that makes the complaint insufficient on its
[01:29:35.080 --> 01:29:39.360] face to invoke the subject matter jurisdiction of the court.
[01:29:39.360 --> 01:29:42.520] Exactly, but what the heck do I care?
[01:29:42.520 --> 01:29:47.880] They all ruled that tickets confer jurisdiction.
[01:29:47.880 --> 01:29:51.200] Okay, wait, wait, hang on, about to go to break.
[01:29:51.200 --> 01:29:52.560] I just got a few seconds.
[01:29:52.560 --> 01:30:02.520] We'll be right back.
[01:30:02.520 --> 01:30:07.320] Take a whiff of that, onions may have a scrambling for breath mints, but they might also save
[01:30:07.320 --> 01:30:08.320] our lives.
[01:30:08.320 --> 01:30:11.820] I'm Dr. Catherine Albrecht and I'll be back in just a moment with some reasons to spice
[01:30:11.820 --> 01:30:15.540] up your food with the power of onions.
[01:30:15.540 --> 01:30:17.120] Privacy is under attack.
[01:30:17.120 --> 01:30:20.720] When you give up data about yourself, you'll never get it back again.
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[01:30:25.480 --> 01:30:30.640] So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:30.640 --> 01:30:33.240] Privacy, it's worth hanging on to.
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[01:30:47.040 --> 01:30:51.920] Green onions are brimming with antioxidants that help fend off serious health problems.
[01:30:51.920 --> 01:30:55.400] Studies have shown these chemicals can help protect against deadly cancers.
[01:30:55.400 --> 01:30:59.560] They're also associated with a reduced risk of heart disease, diabetes and cataracts.
[01:30:59.560 --> 01:31:02.080] But not all onions are created equal.
[01:31:02.080 --> 01:31:06.960] Cornell University researchers say strong flavored varieties have the highest antioxidant
[01:31:06.960 --> 01:31:09.180] and cancer protective properties.
[01:31:09.180 --> 01:31:13.680] Those include the Western yellow, the New York bold and Northern red varieties.
[01:31:13.680 --> 01:31:18.480] While mild and sweet onions like the Vidalia may be yummy, they contain fewer health boosting
[01:31:18.480 --> 01:31:21.440] chemicals and offer a little protection against cancer.
[01:31:21.440 --> 01:31:30.540] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:30.540 --> 01:31:35.920] This is building seven, a 47 story skyscraper that fell on the afternoon of September 11th.
[01:31:35.920 --> 01:31:38.160] The government says that fire brought it down.
[01:31:38.160 --> 01:31:42.960] However, 1500 architects and engineers concluded it was a controlled demolition.
[01:31:42.960 --> 01:31:45.800] Over 6,000 of my fellow service members have given their lives.
[01:31:45.800 --> 01:31:48.400] Thousands of my fellow first responders are dying.
[01:31:48.400 --> 01:31:49.760] I'm not a conspiracy theorist.
[01:31:49.760 --> 01:31:50.760] I'm a structural engineer.
[01:31:50.760 --> 01:31:52.240] I'm a New York City correctional.
[01:31:52.240 --> 01:31:53.240] I'm an Air Force pilot.
[01:31:53.240 --> 01:31:54.920] I'm a father who lost his son.
[01:31:54.920 --> 01:31:57.520] We're Americans and we deserve the truth.
[01:31:57.520 --> 01:32:00.000] Go to rememberbuildingseven.org today.
[01:32:00.000 --> 01:32:02.800] Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.800 --> 01:32:06.080] Did your home receive hail or wind damage from the recent storms?
[01:32:06.080 --> 01:32:09.720] Come on, we all know the government caused it with their chem trails, but good luck getting
[01:32:09.720 --> 01:32:10.720] them to pay for it.
[01:32:10.720 --> 01:32:14.320] Okay, I might be kidding about the chem trails, but I'm serious about your roof.
[01:32:14.320 --> 01:32:18.120] That's why you have insurance and Hill Country Home Improvements can handle the claim for
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[01:32:38.200 --> 01:32:42.960] Mention the crypto show and get $100 off and we'll donate another $100 to the Logos Radio
[01:32:42.960 --> 01:32:45.200] Network to help continue this programming.
[01:32:45.200 --> 01:32:50.320] So if those out of town roofers come knocking, your door should be locking.
[01:32:50.320 --> 01:32:56.360] That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.360 --> 01:32:58.600] Discounts are based on full roof replacement.
[01:32:58.600 --> 01:33:02.960] May not actually be kidding about chem trails.
[01:33:02.960 --> 01:33:03.960] Looking for some truth?
[01:33:03.960 --> 01:33:05.960] You found it.
[01:33:05.960 --> 01:33:08.360] Logosradio.com.
[01:33:08.360 --> 01:33:29.400] Okay, we are back, Randy Kelton, Backpack Wheelbar Radio, and we're talking to Joseph
[01:33:29.400 --> 01:33:30.400] in New York.
[01:33:30.400 --> 01:33:33.520] Okay, Joseph, we do need to close up pretty soon.
[01:33:33.520 --> 01:33:37.160] And Larry and Oliver have been real patient with us.
[01:33:37.160 --> 01:33:41.520] Oh, we got someone on the callers?
[01:33:41.520 --> 01:33:43.680] Wait, are you there?
[01:33:43.680 --> 01:33:45.680] Yeah, I'm here.
[01:33:45.680 --> 01:33:46.680] Oh, okay.
[01:33:46.680 --> 01:33:59.280] Yeah, I guess the only thing I wanted to ask you is, in your opinion, is my tactic sound
[01:33:59.280 --> 01:34:00.280] good?
[01:34:00.280 --> 01:34:08.160] On the one hand, I'm going after the trooper for producing an instrument, which three courts
[01:34:08.160 --> 01:34:18.560] have ruled confers jurisdiction upon the court when, obviously, it's just the simplified
[01:34:18.560 --> 01:34:24.360] traffic information, and basically all the things I can charge them with for doing something
[01:34:24.360 --> 01:34:26.200] like that fraudulently.
[01:34:26.200 --> 01:34:41.400] And then I'm going after the judges for fraudulently ruling that the traffic tickets alone conferred
[01:34:41.400 --> 01:34:48.320] jurisdiction upon the court, doing both of those claims in the same suit.
[01:34:48.320 --> 01:34:58.600] Okay, so you're arguing that the citation is insufficient itself, and you're not addressing
[01:34:58.600 --> 01:35:06.720] the merits of the claim in the citation, but you're saying the citation itself is insufficient?
[01:35:06.720 --> 01:35:09.000] In my attack against the judges, I am.
[01:35:09.000 --> 01:35:14.040] In my attack against the trooper, I'm claiming that the three different courts have ruled
[01:35:14.040 --> 01:35:15.880] that it is sufficient.
[01:35:15.880 --> 01:35:24.400] And because it's outside of his office to be creating government documents that confer
[01:35:24.400 --> 01:35:29.240] jurisdiction upon the court, I'm going after him for a whole bunch of...
[01:35:29.240 --> 01:35:40.440] Okay, how do you get to the issue that the citation is insufficient?
[01:35:40.440 --> 01:35:53.960] Because the citation isn't a proper accusatory instrument, and it's not a verified complaint.
[01:35:53.960 --> 01:36:00.560] So it confers neither personam nor subject to a jurisdiction over the prosecution.
[01:36:00.560 --> 01:36:09.320] In Texas, we have a state law that says that when a police officer, while acting under
[01:36:09.320 --> 01:36:16.480] the cut over his capacity, signs a citation that is presumed to be under oath.
[01:36:16.480 --> 01:36:20.680] So he doesn't have to have it cited before a notary.
[01:36:20.680 --> 01:36:25.680] You've probably got something similar in New York law.
[01:36:25.680 --> 01:36:32.720] Yeah, no, there has to be a separate verified complaint.
[01:36:32.720 --> 01:36:38.560] Complaint, that's who I was trying to get to, because that's an argument they bring
[01:36:38.560 --> 01:36:47.360] in Texas, is that a prosecution commences by a complaint, and that the citation is insufficient
[01:36:47.360 --> 01:36:52.080] that there must be a complaint filed with some magistrate.
[01:36:52.080 --> 01:36:58.200] Exactly, that must be inscribed and verified, otherwise it's just hearsay.
[01:36:58.200 --> 01:37:04.120] Okay, this is an issue that's been fought along a lot of times here, but nobody's won
[01:37:04.120 --> 01:37:05.120] it so far.
[01:37:05.120 --> 01:37:09.040] I would very much like to see how yours shakes out.
[01:37:09.040 --> 01:37:11.040] Oh, okay.
[01:37:11.040 --> 01:37:12.040] Okay.
[01:37:12.040 --> 01:37:15.840] Your Lord, yeah, well that's it.
[01:37:15.840 --> 01:37:18.640] Okay, keep us up to date on how this goes.
[01:37:18.640 --> 01:37:21.520] Okay, we'll do, thank you.
[01:37:21.520 --> 01:37:23.640] Okay, thank you, Joseph.
[01:37:23.640 --> 01:37:27.240] Okay, now we're going to Larry in Arizona.
[01:37:27.240 --> 01:37:28.240] Hello, Larry.
[01:37:28.240 --> 01:37:30.640] What do you have for us today?
[01:37:30.640 --> 01:37:31.640] Randy.
[01:37:31.640 --> 01:37:35.520] Well, just a few quick questions.
[01:37:35.520 --> 01:37:39.800] One, did Jeff Sedgwick have a website?
[01:37:39.800 --> 01:37:44.240] Yes, he did, voidjudgments.com.
[01:37:44.240 --> 01:37:50.680] Oh, okay, and oh, great.
[01:37:50.680 --> 01:37:51.680] How old was Jeff?
[01:37:51.680 --> 01:37:52.680] Do you have any idea?
[01:37:52.680 --> 01:37:57.840] I think he was, he never told me exactly, but I think he was 80 or 81.
[01:37:57.840 --> 01:37:58.840] Oh, wow.
[01:37:58.840 --> 01:38:02.720] So he did okay then.
[01:38:02.720 --> 01:38:12.680] Okay, your last segment with Joseph was great, it answered some of my questions.
[01:38:12.680 --> 01:38:15.120] It also brought up a few.
[01:38:15.120 --> 01:38:24.200] How, when I file a complaint for this false arrest, how do I differentiate between suing
[01:38:24.200 --> 01:38:29.720] the officer in his personal capacity or his official capacity?
[01:38:29.720 --> 01:38:32.160] Scope.
[01:38:32.160 --> 01:38:39.320] When you claim, when you sue the officer for acting outside scope, that goes to personal
[01:38:39.320 --> 01:38:40.960] capacity.
[01:38:40.960 --> 01:38:52.320] If you sue him for acting within scope, but exceeding his authority, then that would go
[01:38:52.320 --> 01:38:55.000] to his official capacity.
[01:38:55.000 --> 01:39:05.600] Okay, and then when I do the tort letter, do you title a tort letter as a tort letter?
[01:39:05.600 --> 01:39:10.240] No, you just title it, it's just a business letter, notice and opportunity.
[01:39:10.240 --> 01:39:14.080] Oh, okay, so notice of claim or?
[01:39:14.080 --> 01:39:16.080] Yeah, exactly.
[01:39:16.080 --> 01:39:17.080] Okay.
[01:39:17.080 --> 01:39:24.040] And you know what, I think that's all I really have tonight, I just needed some details to
[01:39:24.040 --> 01:39:27.640] get me going again.
[01:39:27.640 --> 01:39:37.640] And then whenever you feel like discussing under the private attorney general, I'm sure
[01:39:37.640 --> 01:39:40.320] Oliver and I would love to hear that one.
[01:39:40.320 --> 01:39:44.200] Okay, a private attorney general is relatively simple.
[01:39:44.200 --> 01:39:52.480] There's a lot of guys out there in the patriot movement who claim that you can become a private
[01:39:52.480 --> 01:39:53.480] attorney general.
[01:39:53.480 --> 01:39:56.840] Well, I don't know about that.
[01:39:56.840 --> 01:40:05.640] But when we speak to a private attorney general suit, we're not talking about someone becoming
[01:40:05.640 --> 01:40:07.800] a private attorney general.
[01:40:07.800 --> 01:40:14.680] It's just a name given to a certain type of suit that the courts allow.
[01:40:14.680 --> 01:40:22.280] And that suit is where there's an issue of impropriety.
[01:40:22.280 --> 01:40:33.240] But the cost or the harm is of such a low nature, it doesn't warrant civil litigation,
[01:40:33.240 --> 01:40:34.760] like a traffic ticket.
[01:40:34.760 --> 01:40:40.760] You can hardly sue somebody over 300 bucks.
[01:40:40.760 --> 01:40:45.640] And with this type of suit, since you'd have to sue a governmental entity, you can't do
[01:40:45.640 --> 01:40:50.760] it in a small claims court, you'd have to get a lawyer, you'd have to prepare a suit.
[01:40:50.760 --> 01:40:52.280] This is going to get very expensive.
[01:40:52.280 --> 01:40:57.840] So nobody's going to do that because it's just not economically feasible.
[01:40:57.840 --> 01:41:06.960] So what the courts have allowed is that a person who has been harmed by this procedure,
[01:41:06.960 --> 01:41:11.960] you can't just jump in and sue because you see something wrong.
[01:41:11.960 --> 01:41:17.400] You have to be able to bring a genuine controversy to the court.
[01:41:17.400 --> 01:41:21.800] And what that means is you have to have been harmed.
[01:41:21.800 --> 01:41:27.400] So once you've received the ticket, you've been harmed.
[01:41:27.400 --> 01:41:35.320] Now you can sue for your benefit and for the benefit of all of those who are similarly
[01:41:35.320 --> 01:41:38.240] situated.
[01:41:38.240 --> 01:41:48.100] And then if you win the case, say I do a calculation on how many traffic citations the particular
[01:41:48.100 --> 01:41:53.360] jurisdiction has written in the last, say, three years.
[01:41:53.360 --> 01:42:00.360] And I calculate how much that is and assert that they've been practicing these same procedures
[01:42:00.360 --> 01:42:06.160] for the last three years and they've collected all of these fines and fees illegally.
[01:42:06.160 --> 01:42:10.800] I get to make a claim against all those fines and fees.
[01:42:10.800 --> 01:42:17.560] So it makes it so that it's economically feasible for someone to sue to write a wrong that's
[01:42:17.560 --> 01:42:25.120] not so horrendous, like traffic citations.
[01:42:25.120 --> 01:42:30.280] They're writing millions and millions of dollars worth of traffic citations.
[01:42:30.280 --> 01:42:36.280] But each person isn't being fined enough to make it worth to go in after them.
[01:42:36.280 --> 01:42:37.280] Okay.
[01:42:37.280 --> 01:42:38.280] Does that make sense, Larry?
[01:42:38.280 --> 01:42:39.280] Yes.
[01:42:39.280 --> 01:42:40.280] Yeah.
[01:42:40.280 --> 01:42:41.280] Yeah.
[01:42:41.280 --> 01:42:42.280] No, I understand that.
[01:42:42.280 --> 01:42:47.540] So when you file a suit like this, how do you identify that you're doing it as a private
[01:42:47.540 --> 01:42:48.840] attorney general?
[01:42:48.840 --> 01:42:50.200] You don't.
[01:42:50.200 --> 01:43:00.280] You just, you make a claim, you actually do that, it would be in your prayer.
[01:43:00.280 --> 01:43:07.080] You put into fact how much the city has or the jurisdiction has collected.
[01:43:07.080 --> 01:43:12.560] You show that it's an ongoing pattern of abuse and they've harmed all these people and you
[01:43:12.560 --> 01:43:15.320] make a claim for the full amount.
[01:43:15.320 --> 01:43:22.200] The claim itself will tell them that it's a private attorney general suit.
[01:43:22.200 --> 01:43:28.140] What the courts have done is the courts have ruled that the one guy says, well, he's claiming
[01:43:28.140 --> 01:43:30.480] harm that wasn't his harm.
[01:43:30.480 --> 01:43:35.160] And the court said, we're going to call this a private attorney general suit and allow
[01:43:35.160 --> 01:43:36.640] him to do that.
[01:43:36.640 --> 01:43:40.680] So that's actually what makes it a private attorney general suit.
[01:43:40.680 --> 01:43:43.240] Hang on, about to go to break.
[01:43:43.240 --> 01:43:50.000] Randy Kelton, vet pack with our radio, our call in number 512-646-1984.
[01:43:50.000 --> 01:44:01.160] Give us a call, we'll have the phone lines open all night, we'll be right back.
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[01:44:54.480 --> 01:45:01.200] Visit us at CapitalCoinandBullion.com or call 512-646-6440.
[01:45:01.200 --> 01:45:04.400] Are you the plaintiff or defendant in a lawsuit?
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[01:46:20.960 --> 01:46:26.560] Okay we are back, we're at the Kelton Vet Pack and Rule of Law Radio on this Friday,
[01:46:26.560 --> 01:46:35.880] the 29th day of July 2016 and we're talking to Larry in Arizona.
[01:46:35.880 --> 01:46:40.360] Okay Larry, did we have anything else for you or did we answer all your questions?
[01:46:40.360 --> 01:46:43.520] Just one quick last wild question.
[01:46:43.520 --> 01:46:50.800] Okay the case I'm going to sue over is the fact that the officer testified on the witness
[01:46:50.800 --> 01:46:57.760] stand that no law enforcement agency in our county takes people before the magistrate
[01:46:57.760 --> 01:47:00.920] before they throw them in jail.
[01:47:00.920 --> 01:47:04.000] So that's why I want to do it as a private attorney general.
[01:47:04.000 --> 01:47:13.000] Now most people sit in jail for 24 hours before they see the magistrate.
[01:47:13.000 --> 01:47:16.680] How do you affix a dollar amount?
[01:47:16.680 --> 01:47:19.880] Travizat v. State.
[01:47:19.880 --> 01:47:23.720] Okay I'm familiar with that, that's a thousand dollars a minute.
[01:47:23.720 --> 01:47:29.800] This, this, the thing he was like, it's on that order.
[01:47:29.800 --> 01:47:35.400] But all you need is to show how you came up with the number.
[01:47:35.400 --> 01:47:36.400] Okay.
[01:47:36.400 --> 01:47:41.040] Doesn't matter if they like it or not, doesn't matter if they agree with it or not, you need
[01:47:41.040 --> 01:47:42.040] a number.
[01:47:42.040 --> 01:47:49.040] You know, I had some guys call me when I was in North Carolina and actually Robert Fox,
[01:47:49.040 --> 01:47:54.200] he's pretty well known, he's been around a long time, had these people contact me.
[01:47:54.200 --> 01:48:02.960] They had been filing liens against public officials and the feds were coming after them.
[01:48:02.960 --> 01:48:07.800] And so I asked these guys, well, how much were the liens?
[01:48:07.800 --> 01:48:10.000] Eleven trillion.
[01:48:10.000 --> 01:48:12.880] Ooh, okay.
[01:48:12.880 --> 01:48:14.960] What was the issue?
[01:48:14.960 --> 01:48:16.960] Traffic.
[01:48:16.960 --> 01:48:23.240] Guys, what were you thinking?
[01:48:23.240 --> 01:48:27.040] And they asked me what they thought, said the feds were prosecuting them.
[01:48:27.040 --> 01:48:28.400] I said, oh, you're going to win.
[01:48:28.400 --> 01:48:29.840] Are we going to win?
[01:48:29.840 --> 01:48:32.040] Oh yeah, you'll win.
[01:48:32.040 --> 01:48:38.280] But you'll, you may beat the time, but you won't beat the ride.
[01:48:38.280 --> 01:48:46.360] You pull this number out of the air and you file it against these public officials and
[01:48:46.360 --> 01:48:48.760] ruin their credit.
[01:48:48.760 --> 01:48:56.440] And technically it is legal, but it is an abuse of the system.
[01:48:56.440 --> 01:49:01.800] So the US attorneys are going to come after you and they're going to cost you everything
[01:49:01.800 --> 01:49:09.080] your own, you're likely to spend a year or two in jail and you'll lose your family, you'll
[01:49:09.080 --> 01:49:11.680] lose your business, you'll lose your home.
[01:49:11.680 --> 01:49:15.720] Once you've lost everything, they're going to dismiss the case.
[01:49:15.720 --> 01:49:17.960] This is what happens when you mess with them.
[01:49:17.960 --> 01:49:20.880] When you poke the bear too hard.
[01:49:20.880 --> 01:49:25.480] That's kind of a little bit off subject, but 11 trillion, how did they come up with that
[01:49:25.480 --> 01:49:26.480] number?
[01:49:26.480 --> 01:49:29.600] Oh, well, we just thought it up.
[01:49:29.600 --> 01:49:35.360] No, no, no, no, no, you have to be able to show how you got this number.
[01:49:35.360 --> 01:49:42.960] And Travisant has been a good case to show I was held illegally for this long.
[01:49:42.960 --> 01:49:48.440] The jury granted me this much, or you can say Travisant was held this long.
[01:49:48.440 --> 01:49:55.800] The jury granted him this much and that calculates out to this much a minute, multiply this time
[01:49:55.800 --> 01:50:00.560] I was in jail, now you got a number.
[01:50:00.560 --> 01:50:04.240] They're going to argue with the number, who cares?
[01:50:04.240 --> 01:50:13.000] Because at the end of the day, there's only one number the jury's going to remember.
[01:50:13.000 --> 01:50:14.760] That's the one you walked in the door with.
[01:50:14.760 --> 01:50:17.240] Okay, go ahead, Larry, I kind of interrupted you there.
[01:50:17.240 --> 01:50:24.680] Yeah, the reason I was just asking is, I mean, this county arrests hundreds of people.
[01:50:24.680 --> 01:50:28.960] They sit in jail for 24 hours on an average.
[01:50:28.960 --> 01:50:31.800] So I mean, the number would be in the millions.
[01:50:31.800 --> 01:50:34.120] That's wonderful.
[01:50:34.120 --> 01:50:41.520] The bigger the better, so long as you can show how you got that number.
[01:50:41.520 --> 01:50:49.720] If you can establish a mean average of time someone arrested spins in jail before they
[01:50:49.720 --> 01:50:51.400] brought before a magistrate.
[01:50:51.400 --> 01:50:58.600] Just do you an average, multiply it times to people, you got a number.
[01:50:58.600 --> 01:51:03.800] Okay, I mean, it's an embarrassingly high number.
[01:51:03.800 --> 01:51:05.480] That's why I was asking.
[01:51:05.480 --> 01:51:08.440] It should be embarrassingly high.
[01:51:08.440 --> 01:51:13.960] Actually it's not that high when you look at how much money they collect.
[01:51:13.960 --> 01:51:19.240] You're in Arizona, you need to talk to your state police.
[01:51:19.240 --> 01:51:26.600] The state police generally keeps statistics and I know they do that in Texas.
[01:51:26.600 --> 01:51:32.800] See if you can find out what the average conviction rate is for all crimes across the board.
[01:51:32.800 --> 01:51:33.800] Okay.
[01:51:33.800 --> 01:51:38.360] You got any idea what that's going to be?
[01:51:38.360 --> 01:51:39.840] No.
[01:51:39.840 --> 01:51:49.200] Well, I'm in Texas and Chief Acevedo, Chief of Police for Austin was trying to get authorization
[01:51:49.200 --> 01:51:56.120] to take blood from suspected drunk drivers on the side of the highway.
[01:51:56.120 --> 01:52:03.640] And there was a big city hall meeting and I collared Acevedo with a mic when he come
[01:52:03.640 --> 01:52:04.640] in the door.
[01:52:04.640 --> 01:52:09.040] We're broadcasting live from that location.
[01:52:09.040 --> 01:52:13.040] And ask him why he needed this and he said, well, so we can increase our conviction rate.
[01:52:13.040 --> 01:52:16.560] I said, well, Mr. Acevedo, do you know what your conviction rate is now?
[01:52:16.560 --> 01:52:18.000] He said, well, I'm not sure.
[01:52:18.000 --> 01:52:19.640] I said, well, how about a guess?
[01:52:19.640 --> 01:52:20.640] Oh, 70 or 80%.
[01:52:20.640 --> 01:52:22.880] I said, how about a little higher?
[01:52:22.880 --> 01:52:28.720] How about 90, maybe 95, 96, 99.6?
[01:52:28.720 --> 01:52:34.760] Oh, no, no, no, wait a minute.
[01:52:34.760 --> 01:52:36.920] I've got my statistician here.
[01:52:36.920 --> 01:52:41.840] He calls this guy over and he said, ask him, what is the average conviction rate in the
[01:52:41.840 --> 01:52:44.400] state of Texas for all crimes across the board?
[01:52:44.400 --> 01:52:48.160] And the guy kind of hemmed and hawed and looked down at his shoes.
[01:52:48.160 --> 01:52:50.200] And I said, come on, come on, you know the number.
[01:52:50.200 --> 01:52:59.560] Oh, well, gee, as I said, it's about 90, oh, yeah, about 95, about 96, maybe, maybe 99.6.
[01:52:59.560 --> 01:53:06.400] Well, see Chief, how much higher can you get it?
[01:53:06.400 --> 01:53:12.160] We live in the worst police state the world has ever seen.
[01:53:12.160 --> 01:53:19.440] And what I see as the reason is we're not bringing people before a magistrate.
[01:53:19.440 --> 01:53:26.280] Larry, if you will send me an email, I'll send you a document I just rewrote.
[01:53:26.280 --> 01:53:33.120] I took the habeas corpus off of Jewish imprudence, which I am trying to get back up, by the way.
[01:53:33.120 --> 01:53:38.960] A friend of mine originally purchased that domain name for me and he had a company that
[01:53:38.960 --> 01:53:43.200] was a reseller of domain names and he died.
[01:53:43.200 --> 01:53:48.600] And now I can't get the name, I can't get it renewed.
[01:53:48.600 --> 01:53:51.200] So I'm working on that.
[01:53:51.200 --> 01:54:00.720] But anyway, I took the habeas corpus and rewrote it for a guy who was convicted of a felony
[01:54:00.720 --> 01:54:03.280] in 03.
[01:54:03.280 --> 01:54:07.160] And there is no criminal complaint in the record, so I'm charging them.
[01:54:07.160 --> 01:54:10.680] And I go through all of these steps.
[01:54:10.680 --> 01:54:16.000] I go through the problem with bringing before a magistrate.
[01:54:16.000 --> 01:54:25.920] Now this is written on Texas law, but it'll give you a good idea of what to look for in
[01:54:25.920 --> 01:54:28.280] Arizona law.
[01:54:28.280 --> 01:54:35.640] How do they justify this hearing where they only read you your rights and tell you what
[01:54:35.640 --> 01:54:39.520] the bond is?
[01:54:39.520 --> 01:54:49.640] The reason I ask the question that way is generally it is a magistrate that sets bond.
[01:54:49.640 --> 01:54:54.680] After an examining trial, the magistrate will make a determination of probable cause.
[01:54:54.680 --> 01:55:00.760] If he determines that there is probable cause, then he will set bond at that time.
[01:55:00.760 --> 01:55:07.860] So if you brought before a magistrate and he doesn't hold an examining hearing, he advises
[01:55:07.860 --> 01:55:10.200] you of your right and what the bond is.
[01:55:10.200 --> 01:55:13.160] Well, he didn't set the bond.
[01:55:13.160 --> 01:55:16.720] So how did they get the bond set?
[01:55:16.720 --> 01:55:20.760] Was this something done arbitrarily and capriciously?
[01:55:20.760 --> 01:55:28.520] There's gonna be laws that stipulate how an examining trial is held and how bond is set.
[01:55:28.520 --> 01:55:36.040] And this magistration hearings, what they call it, doesn't meet any of those requirements.
[01:55:36.040 --> 01:55:39.680] So you'll see how I track through the code.
[01:55:39.680 --> 01:55:46.520] It is a little complex because I do take the code apart in tiny pieces.
[01:55:46.520 --> 01:55:50.960] But I think you will find this very enlightening.
[01:55:50.960 --> 01:55:54.960] Okay, that would be fantastic.
[01:55:54.960 --> 01:55:57.360] I will get an email up to you this evening.
[01:55:57.360 --> 01:55:58.560] Okay, good.
[01:55:58.560 --> 01:56:09.120] And I address how in 1216 AD, King John was being attacked by the French.
[01:56:09.120 --> 01:56:14.560] They had put together this surprise attack, but it got out before they got there.
[01:56:14.560 --> 01:56:22.080] Well, the royal family was broke and they didn't have an army, they'd spent everything
[01:56:22.080 --> 01:56:27.520] in the crusades and France is threatening to invade.
[01:56:27.520 --> 01:56:33.560] So he went to the dukes to get them to bring their armies to fight off this invasion.
[01:56:33.560 --> 01:56:38.160] And they were pretty upset at him and told him the only way they would do that is if
[01:56:38.160 --> 01:56:40.880] he signed this document.
[01:56:40.880 --> 01:56:46.560] He agreed, they pushed the French back, then he refused to sign the document.
[01:56:46.560 --> 01:56:49.800] They dragged him down to the River Thames, threatened to cut his head off if he didn't
[01:56:49.800 --> 01:56:56.680] sign the Magna Carta, and the Magna Carta established that if a free man is arrested
[01:56:56.680 --> 01:57:02.520] for any reason, with or without a warrant, he is to be taken to the nearest magistrate
[01:57:02.520 --> 01:57:09.160] by the most direct route and the arresting officer is to explain himself.
[01:57:09.160 --> 01:57:13.760] It's not because he didn't trust the officers to make good arrests.
[01:57:13.760 --> 01:57:18.560] It's because they didn't want the public to feel like a police officer had the power
[01:57:18.560 --> 01:57:22.480] to arrest and imprison, to punish.
[01:57:22.480 --> 01:57:26.600] It was the magistrate who was intended to hold the key to the jailhouse door by way
[01:57:26.600 --> 01:57:30.560] of an examining trial and a determination of probable cause.
[01:57:30.560 --> 01:57:35.200] They took that out in 1965 in Texas.
[01:57:35.200 --> 01:57:39.560] That's when it changed and we've gone downhill ever since.
[01:57:39.560 --> 01:57:47.880] It worked for 760 years, or 50 years, they took it out and now we've deteriorated into
[01:57:47.880 --> 01:57:50.600] the worst police state the world's ever seen.
[01:57:50.600 --> 01:57:59.280] We need to put it back and look close at the Criminal Procedure Code for Arizona, especially
[01:57:59.280 --> 01:58:03.040] look at the section on Bring Before Magistrate.
[01:58:03.040 --> 01:58:11.080] You're going to have the law in there and then read this habeas and then it'll give
[01:58:11.080 --> 01:58:14.080] you kind of a blueprint for how to go through this.
[01:58:14.080 --> 01:58:17.720] Okay, about to go to break.
[01:58:17.720 --> 01:58:24.480] This is Randy Kelton, VetPAC, Radio, and thank you, Larry, when we come back, we're going
[01:58:24.480 --> 01:58:27.680] to go to Oliver in Tennessee.
[01:58:27.680 --> 01:58:32.600] So on the break, you might go look at some of our sponsors and if we have any services
[01:58:32.600 --> 01:58:37.360] you can use, if you use our sponsors, it'll help support this network and we need all
[01:58:37.360 --> 01:58:41.920] the support we can get right now because we're kind of struggling to upgrade our equipment
[01:58:41.920 --> 01:58:43.960] and it's been difficult this year.
[01:58:43.960 --> 01:58:50.240] Okay, we'll be right back.
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