ROL_2016-08-19_16k_Hr1-2.timecode

[00:00.000 --> 00:07.000]  The following news flash is brought to you by the Lone Star Lowdown, providing you jelly
[00:07.000 --> 00:10.000]  bulletins for the commodity market.
[00:10.000 --> 00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.000 --> 00:29.000]  The markets for Wednesday the 17th of August 2016 are currently trading with gold at $1,349.35
[00:29.000 --> 00:36.000]  an ounce, silver $19.68 an ounce, Texas crude $46.58 a barrel, and Bitcoin is currently
[00:36.000 --> 00:45.000]  sitting at about $572 U.S. currency.
[00:45.000 --> 00:51.000]  Today in history, the year 1982, the first compact discs or CDs are released in public
[00:51.000 --> 00:57.000]  in Germany. It was a recording from 1979 of Claudio Arau performing Chopin's waltzes.
[00:57.000 --> 01:04.000]  He was invited to the Langenhagen plant to press the star button.
[01:04.000 --> 01:09.000]  In recent news, U.S. District Judge Ann J. Brown sentenced Corey LaCueve, the first defendant
[01:09.000 --> 01:14.000]  from the armed takeover in the Oregon Wildlife Refuge earlier this year, to a two-and-a-half-year
[01:14.000 --> 01:17.000]  prison sentence for his role in the federal conspiracy case. He will also have a three-year
[01:17.000 --> 01:22.000]  supervised release afterwards and an amount of restitution be paid when that amount is
[01:22.000 --> 01:27.000]  determined. In the future, Corey was the first of 26 standoff defendants who pleaded guilty
[01:27.000 --> 01:31.000]  to the armed conspiracy. Though conspiracy charges usually carry a prison sentence of
[01:31.000 --> 01:36.000]  up to six years, federal prosecutors settled for less as part of the plea bargain agreement
[01:36.000 --> 01:44.000]  since Corey was the first in the case to take responsibility.
[01:44.000 --> 01:47.000]  Donald Trump, the Republican presidential candidate, was set to receive an intelligence
[01:47.000 --> 01:51.000]  briefing in New York today. The intent is to give him an inside scoop into the global
[01:51.000 --> 01:55.000]  threats that the U.S. is facing, a standard procedure for major party candidates. The
[01:55.000 --> 02:00.000]  briefing does not contain sensitive intelligence, not at the level of the presidential daily
[02:00.000 --> 02:04.000]  briefing, for example, but more akin to the broad and descriptive testimony given by senior
[02:04.000 --> 02:09.000]  officials to Congress each year at a public hearing on global threats.
[02:09.000 --> 02:13.000]  Trump brought along General Mike Flynn, former head of the Defense Intelligence Agency, since
[02:13.000 --> 02:18.000]  the candidates are not required to hold security clearances, but any aid in the room with them
[02:18.000 --> 02:23.000]  does. For the first 52 years of presidential candidate intelligence briefings, the CIA
[02:23.000 --> 02:27.000]  gave them directly. However, since 2004, the Office of the Director of National Intelligence
[02:27.000 --> 02:32.000]  has now taken over this task. The session includes a printed briefing book for each
[02:32.000 --> 02:33.000]  candidate.
[02:33.000 --> 02:48.000]  The Low Star Lowdown is currently looking for sponsors. If you have a product or a service
[02:48.000 --> 03:03.000]  service, you can use the Low Star Lowdown for August 17, 2016.
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[03:18.000 --> 03:28.000]  service, you can use the Low Star Lowdown for August 17, 2016.
[03:28.000 --> 03:47.000]  The Low Star Lowdown is currently looking for sponsors. If you have a product or service
[03:47.000 --> 03:56.000]  service, you can use the Low Star Lowdown for August 17, 2016.
[03:56.000 --> 04:21.000]  If you have a product or service service, you can use the Low Star Lowdown for August
[04:21.000 --> 04:29.940]  as I want it to be, I would like to get all of the bar agreements input forms from all
[04:29.940 --> 04:37.140]  of the states in a database so that you can go through the questionnaire
[04:37.140 --> 04:43.620]  and when you get to the final questionnaire, it has a section, let me explain how it works.
[04:44.340 --> 04:49.480]  I've taken the standards and converted them into questions
[04:49.480 --> 04:54.680]  and where it says the lawyer shall not do this, I put did the lawyer do this?
[04:54.680 --> 05:01.320]  And using that questionnaire in about four or five questions, you can walk right through all
[05:01.320 --> 05:05.120]  of the standards and get to the one that applies to your issue.
[05:05.120 --> 05:11.800]  And then you'll get an input box and that input box starts out with a sentence
[05:11.800 --> 05:20.800]  and the sentence accuses the lawyer of an act, but uses the terminology
[05:21.300 --> 05:29.020]  of the standard you're looking at to frame the opening to the statement.
[05:29.020 --> 05:38.320]  The lawyer failed to adequately communicate with his client as follows
[05:38.320 --> 05:44.360]  and then you put in the facts of your case and right now, what I want that to do is
[05:44.360 --> 05:52.480]  when you tell it to submit, then it will go get your state bar agreements form and drop this
[05:52.480 --> 05:56.540]  into the appropriate section and then you can fill out your name and address and such.
[05:57.280 --> 06:05.620]  I don't have that part of the automation done yet, but when you fill out this input box,
[06:05.620 --> 06:11.960]  then you just select what's in the box, go to the state, to your state website
[06:11.960 --> 06:15.920]  and I have a link to all of the state websites on the front page,
[06:16.720 --> 06:20.520]  find their grievance form and drop this into the form.
[06:21.700 --> 06:29.920]  Now you have the basic statement framed in the language of the standard they violated.
[06:29.920 --> 06:35.220]  What the bar says and the state, the Commissioner of Judicial Conduct says the same thing is,
[06:35.220 --> 06:43.840]  oh, don't use case law and they tell you that the standard does not create a cause of action.
[06:43.840 --> 06:46.600]  So they don't want you to talk about the standard.
[06:46.600 --> 06:51.540]  They don't want you to talk about the law underlying all this.
[06:51.540 --> 06:53.680]  They just want you to give them a general statement.
[06:53.680 --> 06:56.720]  They can interpret it any way they please.
[06:57.520 --> 07:03.320]  So I've tried to frame this so while it doesn't give case law or cite a standard,
[07:03.320 --> 07:10.760]  it states the grievance in the verbiage of the standard, if that makes sense.
[07:10.760 --> 07:14.640]  Okay, that's bargrievance.website.
[07:16.040 --> 07:23.840]  I will be opening judicialconduct.website or.com, whichever ones I need to look
[07:23.840 --> 07:27.680]  and see which ones I have, I think I have judicialconduct.website,
[07:27.680 --> 07:29.200]  so I'm going to use that one if I have it.
[07:29.200 --> 07:38.900]  And I have the canons now that I'm breaking down into the questions structure.
[07:38.900 --> 07:45.180]  And once I get that all done, then I will build a website for judicialconduct.
[07:47.140 --> 07:50.220]  And then there's one more thing I want to do.
[07:50.220 --> 07:55.300]  I want to put together a seminar, most likely in Austin.
[07:55.300 --> 08:00.560]  Probably be about an eight-hour seminar.
[08:01.280 --> 08:06.960]  I want to do it to raise some funds for the radio station.
[08:08.120 --> 08:09.880]  And we'll see how many people are interested.
[08:10.240 --> 08:16.000]  I'm going to do a seminar on the ebook that I'm preparing.
[08:16.000 --> 08:24.600]  I call it Legal 101, the stuff they didn't teach the lawyers in law school
[08:25.520 --> 08:33.840]  and the stuff you didn't get in social studies class, how the system really works.
[08:34.400 --> 08:38.560]  And this is not highly sophisticated.
[08:38.580 --> 08:42.200]  We don't, we get into some case law, but not a whole lot.
[08:42.200 --> 08:50.660]  This is basically an overview when you walk into a courthouse,
[08:52.020 --> 08:58.740]  this defines a way to hold your mind so that you understand what is going on.
[09:00.180 --> 09:07.400]  Because what you've been told and what you read and what you see is for the most part,
[09:07.400 --> 09:18.060]  song and dance and seltzer down your pants, it does not work the way the legal professionals
[09:18.940 --> 09:21.460]  want you to believe that it works.
[09:22.840 --> 09:31.380]  And Legal 101 is about how things really work and about how to maneuver through the system
[09:31.880 --> 09:34.380]  in a way that would lead you to effective remedy.
[09:34.380 --> 09:37.300]  Okay, that's what I want to do.
[09:37.300 --> 09:42.980]  And anyone who's interested, if you'll send me an email, if I can get enough interest,
[09:42.980 --> 09:48.000]  then I'll put together some advertising and we'll, we're in a venue
[09:48.000 --> 09:50.160]  and I'll put together the seminar.
[09:50.160 --> 09:56.280]  And part of what I want to do at the seminar is videotape the presentation
[09:56.280 --> 10:05.140]  so that I can build a video archive of this e-book so we can make it available
[10:05.140 --> 10:07.460]  and maybe get more people doing what we're doing.
[10:08.420 --> 10:13.500]  And because we are beginning to have some really profound and powerful effects,
[10:14.340 --> 10:16.360]  and if we get some more folks around the country doing it,
[10:17.780 --> 10:19.620]  good chance we can change things.
[10:21.140 --> 10:23.500]  I had an interesting week.
[10:23.500 --> 10:34.900]  I had a meeting with my local district attorney where he had an assistant district attorney
[10:34.900 --> 10:41.460]  who has been with the district attorney's office for about 25 years that I know of.
[10:42.620 --> 10:44.740]  She is very, very sharp.
[10:44.740 --> 10:51.180]  She's applied to be a professor at one of the local law schools.
[10:51.180 --> 11:04.060]  And we had a meeting about whether or not a prosecuting attorney had discretion concerning
[11:04.060 --> 11:05.660]  complaint against a public official.
[11:06.900 --> 11:08.980]  And she had some very good questions.
[11:08.980 --> 11:17.020]  I seem to be up to speed with her, so they will be developing a policy for the county
[11:17.020 --> 11:24.220]  that I live in, and they're trying to develop a very well-structured policy.
[11:24.220 --> 11:34.820]  And the policy will be to set up a method where a private citizen can file a action
[11:34.820 --> 11:36.420]  directly with a grand jury.
[11:36.420 --> 11:49.460]  Now, she mentioned a judge that set up a private post office box and gave the key
[11:49.460 --> 11:58.100]  to the grand jury foreman, and noticed in the newspapers and such that if a citizen had
[11:58.100 --> 12:01.580]  a complaint, they could send their complaint to this PO box.
[12:02.260 --> 12:03.700]  That was one method.
[12:03.700 --> 12:05.180]  That was a rather elegant method.
[12:05.180 --> 12:18.580]  I'm looking at the next legislative session to see if I can get legislative changes primarily
[12:18.580 --> 12:21.500]  to 20.09 Code of Criminal Procedure.
[12:21.500 --> 12:29.220]  20.09 says it shall be the duty of the grand jury to examine into all crimes subject to
[12:29.220 --> 12:34.700]  indictment that come to the grand jury's knowledge by way of any member
[12:34.700 --> 12:40.540]  of the grand jury, the prosecuting attorney, or any credible person.
[12:41.020 --> 12:49.540]  Well, there already is a mechanism in law for a grand jury to receive notice of crime
[12:49.540 --> 12:58.300]  from a prosecuting attorney or from a magistrate through an examining trial sent to the clerk
[12:58.300 --> 12:59.820]  who then sends it to the grand jury.
[12:59.820 --> 13:08.260]  But there is no current way for a private citizen to go directly to a grand jury.
[13:09.140 --> 13:17.460]  So I'm going to ask for a change or an addition to Article 20.09.
[13:18.780 --> 13:26.980]  I'm going to ask them to make 20.09 as it's written paragraph A and add paragraph B that
[13:26.980 --> 13:35.300]  says the grand jury shall sit at least once a month for the purpose of hearing
[13:35.740 --> 13:38.740]  notice of crime by private citizens.
[13:40.860 --> 13:45.780]  So we're going to ask the legislature to require the grand jury to directly open its
[13:45.780 --> 13:48.860]  doors to private citizens.
[13:49.100 --> 13:54.020]  That used to be the case of when I first moved to Texas in 76.
[13:54.020 --> 14:00.260]  As I understand the grand jury did set aside time to hear complaints by private citizens,
[14:00.260 --> 14:03.140]  but they stopped doing that because nobody showed up.
[14:04.660 --> 14:09.020]  And from my perspective, guys, that means it was working.
[14:10.700 --> 14:16.020]  All these public officials out here who wanted to have themselves an attitude with one of
[14:16.020 --> 14:26.900]  our, with one of our citizens, they had to consider what would a grand jury of that
[14:26.900 --> 14:30.100]  citizen's peers think about what they're about to do.
[14:30.580 --> 14:40.580]  And I believe that it did and suspect that it will have a very powerful effect toward
[14:40.580 --> 14:51.220]  calming their personal passions and heightening their sense of duty and civility.
[14:52.580 --> 14:54.580]  Anyway, that's what I'm after.
[14:55.540 --> 15:03.940]  And right now we have a set of set of methods that we talk about on the show on a regular
[15:03.940 --> 15:12.740]  basis on how to conduct ourselves before public officials in a way that would allow us to
[15:12.740 --> 15:13.700]  secure remedy.
[15:14.660 --> 15:26.420]  For the most part, the ebook that I put together is for the purpose of making available a set
[15:26.420 --> 15:35.540]  of mental tools that we can use so that when we walk into the public building, we are armed
[15:35.540 --> 15:44.180]  with a set of tools that would allow us to avoid the tactics they use to neutralize our
[15:44.180 --> 15:54.420]  effect and to dramatically enhance our personal power as a private citizen before public
[15:54.420 --> 15:56.420]  servants.
[15:56.420 --> 15:56.420]  Okay.
[15:56.420 --> 15:58.420]  That's my story and I'm sticking to it.
[15:58.420 --> 16:00.420]  We have a couple of callers.
[16:00.420 --> 16:04.420]  We've got about one minute before break.
[16:04.420 --> 16:10.420]  So I will take the calls on the other side to have Don from New Mexico and Scott from
[16:10.420 --> 16:18.420]  Texas will be taking your calls, but anyone who's here around Austin, if you're interested
[16:18.420 --> 16:32.420]  in what should prove to be a very lively and informative seminar, this will be some 35
[16:32.420 --> 16:38.420]  years of accumulated knowledge and wisdom about how the system works.
[16:38.420 --> 16:44.420]  Let me know and if we can get enough interest, we'll put together a seminar and maybe we
[16:44.420 --> 16:54.420]  can get more people going in doing what I'm doing and start jabbing these guys and get
[16:54.420 --> 16:56.420]  them beaten into shape.
[16:56.420 --> 16:58.420]  This is Randy Kelton.
[16:58.420 --> 17:00.420]  We'll be right back.
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[19:17.420 --> 19:19.420]  Okay, we are back.
[19:19.420 --> 19:24.420]  Randy Kelton, Blah Blah Radio, and we're going to Don in New Mexico.
[19:24.420 --> 19:25.420]  Hello, Don.
[19:25.420 --> 19:28.420]  What do you have for us today?
[19:28.420 --> 19:36.420]  Well, I sent you an email with a copy of a complaint I sent to the FBI about an IRS agent
[19:36.420 --> 19:41.420]  that's harassing me, and you sent me an email back saying,
[19:41.420 --> 19:45.420]  call me and let's talk about the U.S. Attorney instead.
[19:45.420 --> 19:52.420]  Okay, I did not see the attachment, so I am opening it back up.
[19:52.420 --> 19:53.420]  Okay.
[19:53.420 --> 19:59.420]  But let me explain what we did in Fort Lauderdale.
[19:59.420 --> 20:06.420]  We went down there because we had someone who was being pounded by the IRS,
[20:06.420 --> 20:13.420]  and they couldn't get to him, so the IRS took a shot at the people who knew him,
[20:13.420 --> 20:19.420]  one of which was a chiropractor who was good friends with him,
[20:19.420 --> 20:25.420]  and the IRS raided the chiropractor's office,
[20:25.420 --> 20:31.420]  and they came into the office with guns in their hands,
[20:31.420 --> 20:38.420]  and one woman had a nurse had a guy in a machine that stretches the spine,
[20:38.420 --> 20:41.420]  and they ordered him to take him out, and she told them no,
[20:41.420 --> 20:44.420]  that if she did that, it could cause injury,
[20:44.420 --> 20:50.420]  and they stuck an automatic weapon in her face and ordered her to take him out,
[20:50.420 --> 20:54.420]  and she refused. I was impressed.
[20:54.420 --> 20:58.420]  They had to decrease the pressures a little at a time.
[20:58.420 --> 21:05.420]  Anyway, we looked at that and said, well, that doesn't seem right,
[21:05.420 --> 21:12.420]  and generally, if you look at law and something doesn't seem right,
[21:12.420 --> 21:15.420]  it almost certainly is not.
[21:15.420 --> 21:19.420]  If a reasonable person of ordinary prudence would look at this
[21:19.420 --> 21:26.420]  and their good judgment tells them this is wrong, you can almost be certain it is.
[21:26.420 --> 21:36.420]  So we went and pulled out the IRS enforcement manual for agents.
[21:36.420 --> 21:47.420]  It tells them how to enforce the provisions of the code,
[21:47.420 --> 21:55.420]  and from the code, we found that an IRS agent, while he is armed,
[21:55.420 --> 22:04.420]  may not pull his weapon unless he has reason to draw and discharge.
[22:04.420 --> 22:07.420]  So these guys came in with the guns in their hands,
[22:07.420 --> 22:13.420]  so now we could have went after the agents themselves directly,
[22:13.420 --> 22:18.420]  but in the end, everything is political.
[22:18.420 --> 22:24.420]  So we backed up and said, okay, okay, how do we handle these guys?
[22:24.420 --> 22:30.420]  We have a bunch of guys working for a governmental agency,
[22:30.420 --> 22:34.420]  and we have people working for a governmental agency.
[22:34.420 --> 22:40.420]  Everybody pretty well does what the guy above them tells them to do,
[22:40.420 --> 22:43.420]  except when the guy above them doesn't tell them, then they do what they want to
[22:43.420 --> 22:49.420]  and expect the guy above them to shield them from the consequences of their behavior.
[22:49.420 --> 22:53.420]  This is kind of how it works in the world you and I live in.
[22:53.420 --> 22:57.420]  So how do we deal with this politics?
[22:57.420 --> 23:02.420]  Well, in looking at this, as far as you and I are concerned,
[23:02.420 --> 23:09.420]  we are the masters, they are the servants.
[23:09.420 --> 23:14.420]  And all of these servants, they all actually work for one servant,
[23:14.420 --> 23:17.420]  and the one servant works for me.
[23:17.420 --> 23:20.420]  The head of the agency works for me.
[23:20.420 --> 23:23.420]  Everybody else works for him.
[23:23.420 --> 23:27.420]  So from my perspective as the CEO of the corporation,
[23:27.420 --> 23:32.420]  we have all these people talking about the government being a corporation.
[23:32.420 --> 23:39.420]  Well, if it is, I'm the CEO, and so are you.
[23:39.420 --> 23:42.420]  Now, these officials don't want us to understand that.
[23:42.420 --> 23:47.420]  Now, they know that's true, but they don't want us to know it's true.
[23:47.420 --> 23:51.420]  And a good example of this is the military.
[23:51.420 --> 23:54.420]  Anybody out there who's ever been in the military,
[23:54.420 --> 24:00.420]  you know, we're concerned about our chain of command.
[24:00.420 --> 24:06.420]  The higher up the chain of command something gets, the more serious it is.
[24:06.420 --> 24:10.420]  I had just come back from Vietnam.
[24:10.420 --> 24:15.420]  I'm in jungle fatigues that are ragged and blood-soaked or blood-stained.
[24:15.420 --> 24:18.420]  I'd washed them by this time, but they were blood-stained.
[24:18.420 --> 24:21.420]  I'd looked like I had just walked out of the bush,
[24:21.420 --> 24:25.420]  and I had what we called a go-to-hell hat on, a campaign hat.
[24:25.420 --> 24:31.420]  Every section had their own little special hats made up, and I had one of those on.
[24:31.420 --> 24:41.420]  And I was walking down a street at the air base, a chenute air base in Springfield, Illinois.
[24:41.420 --> 24:45.420]  I was there to process out of the military.
[24:45.420 --> 24:52.420]  And I saw this car coming, and everybody stopping and spinning around and popping through.
[24:52.420 --> 24:54.420]  I said, uh-oh.
[24:54.420 --> 24:57.420]  I looked, and there was a one-star on the fender.
[24:57.420 --> 24:59.420]  So this is a one-star General.
[24:59.420 --> 25:04.420]  When he drives down the street, everybody pops through.
[25:04.420 --> 25:09.420]  He drives past me, and the Jeep, he said something to the driver,
[25:09.420 --> 25:12.420]  and the Jeep spins around and pulled up next to me,
[25:12.420 --> 25:16.420]  and I turn around, and I come to attention.
[25:16.420 --> 25:20.420]  And the General got out and looked me up and down.
[25:20.420 --> 25:26.420]  Airman Kelton, your fatigues seem rather ragged.
[25:26.420 --> 25:29.420]  Sir, yes, sir, they are.
[25:29.420 --> 25:35.420]  You want to explain to me why you're in those ragged fatigues?
[25:35.420 --> 25:39.420]  Sir, I can't explain to you why I'm in those ragged fatigues.
[25:39.420 --> 25:41.420]  Oh, you can't?
[25:41.420 --> 25:46.420]  If I can't, you'll have to ask the Army about that.
[25:46.420 --> 25:48.420]  He got it.
[25:48.420 --> 25:52.420]  Well, Airman Kelton, how long have you been in country?
[25:52.420 --> 25:56.420]  Oh, about 72 hours.
[25:56.420 --> 26:00.420]  So is that the only set of clothes you have?
[26:00.420 --> 26:02.420]  Yes, sir, it is.
[26:02.420 --> 26:04.420]  Well, then you get in there.
[26:04.420 --> 26:06.420]  Right there is a barbershop.
[26:06.420 --> 26:08.420]  You get in there and get yourself a haircut, sir.
[26:08.420 --> 26:10.420]  Yes, sir.
[26:10.420 --> 26:19.420]  But the General on an air base or on any military base is like a god.
[26:19.420 --> 26:26.420]  And there's only one person walking on that air base that's more frightening than a General.
[26:26.420 --> 26:31.420]  And anybody out there who's been in the military will agree with me.
[26:31.420 --> 26:35.420]  It's a civilian.
[26:35.420 --> 26:38.420]  If you're in the military and you're on a base,
[26:38.420 --> 26:42.420]  if you're not more afraid of civilians than anybody else,
[26:42.420 --> 26:46.420]  then you need to go get your head examined.
[26:46.420 --> 26:55.420]  Because the civilian is the only one who can crawl down that General's throat,
[26:55.420 --> 26:58.420]  stomping his feet all the way.
[26:58.420 --> 27:02.420]  And all the General can say is, yes, sir, yes, sir.
[27:02.420 --> 27:07.420]  And he will do that because the General knows.
[27:07.420 --> 27:16.420]  So when I deal with my public officials, they are all part of this organization.
[27:16.420 --> 27:20.420]  I am the civilian overseer.
[27:20.420 --> 27:23.420]  I can crawl down all their throats.
[27:23.420 --> 27:26.420]  I can hold them all to task.
[27:26.420 --> 27:32.420]  And that's what this seminar that I want to do is all about,
[27:32.420 --> 27:35.420]  is how we hold our minds so we think that way.
[27:35.420 --> 27:39.420]  Now, let's go to your particular case.
[27:39.420 --> 27:41.420]  I have an IRS agent.
[27:41.420 --> 27:45.420]  I'm looking through my emails and I'm not finding your email for some reason.
[27:45.420 --> 27:47.420]  That's all right.
[27:47.420 --> 27:49.420]  I have a rental house.
[27:49.420 --> 27:50.420]  Oh, there it is.
[27:50.420 --> 27:51.420]  I found it.
[27:51.420 --> 27:52.420]  Okay.
[27:52.420 --> 27:53.420]  You found it.
[27:53.420 --> 27:54.420]  All right.
[27:54.420 --> 27:55.420]  Okay.
[27:55.420 --> 27:59.420]  I didn't know if you preferred attachments or being in the body,
[27:59.420 --> 28:01.420]  so I sent it as an attachment.
[28:01.420 --> 28:02.420]  That's good.
[28:02.420 --> 28:04.420]  Attachments better.
[28:04.420 --> 28:05.420]  Okay.
[28:05.420 --> 28:10.420]  Should I read the complaint or just let you explain?
[28:10.420 --> 28:12.420]  Your call.
[28:12.420 --> 28:14.420]  Okay.
[28:14.420 --> 28:15.420]  Okay.
[28:15.420 --> 28:19.420]  This is to make it serious, my second letter to you regarding unlawful actions.
[28:19.420 --> 28:20.420]  Okay.
[28:20.420 --> 28:22.420]  This is not really a criminal complaint.
[28:22.420 --> 28:27.420]  This is just a letter giving notice.
[28:27.420 --> 28:35.420]  Once again, reporting the unlawful activities of IRS employees, James Jerome.
[28:35.420 --> 28:38.420]  Here I have to refer to Jerome-IRS.
[28:38.420 --> 28:46.420]  At the very least, Jerome has violated 18 U.S. Code 242 when he exerted an authority that he does not have.
[28:46.420 --> 28:52.420]  And by exerting this supposed authority under the color of law,
[28:52.420 --> 29:02.420]  he has denied me full access to the enjoyment of my constitutional protected rights to due process and of property.
[29:02.420 --> 29:05.420]  Very good.
[29:05.420 --> 29:08.420]  That's how a criminal complaint is worded.
[29:08.420 --> 29:11.420]  That's not exactly the way I would have worded it, but that's perfect.
[29:11.420 --> 29:13.420]  That's great.
[29:13.420 --> 29:14.420]  You go into facts.
[29:14.420 --> 29:16.420]  There's too many facts for me to go into.
[29:16.420 --> 29:19.420]  It would be quicker if you go through these facts than me to read it all.
[29:19.420 --> 29:24.420]  I wanted to get the gist of the complaint, and you did that exactly right.
[29:24.420 --> 29:25.420]  Okay.
[29:25.420 --> 29:31.420]  So I reported to them that this guy interfered in a rental contract that I have with a tenant.
[29:31.420 --> 29:36.420]  Basically, he went up to the door and scared the heck out of these people
[29:36.420 --> 29:44.420]  and made up this form 688 notice of levy, which has no effect in the private sector whatsoever.
[29:44.420 --> 29:47.420]  And, you know, their name on it, but my name on it.
[29:47.420 --> 29:49.420]  Hang on. We're about to go to break.
[29:49.420 --> 29:56.420]  This is Randy Kelton, Radio or call in number 512-646-1984.
[29:56.420 --> 30:00.420]  We'll be right back.
[30:00.420 --> 30:02.420]  Mind if we watch?
[30:02.420 --> 30:07.420]  It's only polite to ask, but your favorite restaurants and stores aren't always sticklers for manners.
[30:07.420 --> 30:11.420]  I'm Dr. Catherine Albrecht, and I'll be right back to tell you about secret recording devices
[30:11.420 --> 30:14.420]  that could be hidden in some surprising places.
[30:14.420 --> 30:18.420]  Your search engine is watching you, recording all your searches
[30:18.420 --> 30:21.420]  and creating a massive database of your personal information.
[30:21.420 --> 30:22.420]  That's creepy.
[30:22.420 --> 30:24.420]  But it doesn't have to be that way.
[30:24.420 --> 30:27.420]  Startpage.com is the world's most private search engine.
[30:27.420 --> 30:31.420]  Startpage doesn't store your IP address, make a record of your searches,
[30:31.420 --> 30:34.420]  or use tracking cookies, and they're third-party certified.
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[30:44.420 --> 30:46.420]  Think twice before you criticize the food.
[30:46.420 --> 30:50.420]  The restaurant could be listening through a microphone hidden under the table
[30:50.420 --> 30:53.420]  or capturing your opinions through a pinhole camera.
[30:53.420 --> 30:56.420]  When you're in a restaurant, a store, a park, virtually any public place,
[30:56.420 --> 30:59.420]  your behavior and conversations can be up for grabs.
[30:59.420 --> 31:02.420]  It isn't fair, but it can be perfectly legal.
[31:02.420 --> 31:07.420]  The logic says that if people nearby can overhear your conversation or see you scratch an itch,
[31:07.420 --> 31:10.420]  the hidden microphone or camera can do the same thing.
[31:10.420 --> 31:14.420]  Businesses often post signs informing you that these premises are under surveillance.
[31:14.420 --> 31:18.420]  That's not quite the same thing as telling you the potted plant behind your head
[31:18.420 --> 31:21.420]  could be listening to your dinner conversation.
[31:21.420 --> 31:31.420]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:31.420 --> 31:34.420]  Did you know there are 3 million edible food plants on Earth
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[31:58.420 --> 32:02.420]  Only at MFUSA.org.
[32:02.420 --> 32:05.420]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.420 --> 32:08.420]  In today's America, we live in an us-against-them society,
[32:08.420 --> 32:10.420]  and if we the people are ever going to have a free society,
[32:10.420 --> 32:13.420]  then we're going to have to stand and defend our own rights.
[32:13.420 --> 32:15.420]  Among those rights are the right to travel freely from place to place,
[32:15.420 --> 32:17.420]  the right to act in our own private capacity,
[32:17.420 --> 32:20.420]  and most importantly, the right to due process of law.
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[33:21.420 --> 33:24.420]  Okay, we are back, Randy Kelton, Rule of Law Radio,
[33:24.420 --> 33:33.420]  on this Friday, the 19th day of August 2016, and we're talking to Don in New Mexico.
[33:33.420 --> 33:36.420]  New Mexico, yep.
[33:36.420 --> 33:42.420]  Okay, we have the IRS agent came to someone other than you.
[33:42.420 --> 33:43.420]  Yes.
[33:43.420 --> 33:50.420]  Did the agent know that that person, that you didn't live at the location he went to?
[33:50.420 --> 33:52.420]  Oh, yes.
[33:52.420 --> 33:55.420]  Oh, wonderful.
[33:55.420 --> 33:58.420]  Okay, continue.
[33:58.420 --> 34:04.420]  So he showed up at the rental house and made contact with the tenant
[34:04.420 --> 34:09.420]  and told her that, gave her the formal notice of levy
[34:09.420 --> 34:14.420]  and said that she was to pay him the rent instead of me.
[34:14.420 --> 34:18.420]  And she called me up and said, what's going on here?
[34:18.420 --> 34:21.420]  I've got this guy telling me I need to pay my rent to him.
[34:21.420 --> 34:26.420]  And so we got together and I explained to her what, you know,
[34:26.420 --> 34:32.420]  the notice of levy has no power outside of the federal government, that it's between us.
[34:32.420 --> 34:43.420]  We had a private contract, and if it was me, I would tell him to go fly a kite.
[34:43.420 --> 34:47.420]  But he came back and harassed her several times, threatening her,
[34:47.420 --> 34:51.420]  and she finally ended up paying him, you know, $900 with the check
[34:51.420 --> 34:55.420]  because she said she didn't want to go to jail.
[34:55.420 --> 34:58.420]  Oh, my, that's extortion.
[34:58.420 --> 35:02.420]  And it's exactly what I reported to the FBI.
[35:02.420 --> 35:04.420]  Okay.
[35:04.420 --> 35:11.420]  Okay, on this you have, okay, it is to whom it may concern.
[35:11.420 --> 35:12.420]  Okay.
[35:12.420 --> 35:13.420]  Yep.
[35:13.420 --> 35:17.420]  You have two of these letters?
[35:17.420 --> 35:19.420]  Well, that's my second one.
[35:19.420 --> 35:23.420]  Yeah, I wrote previous to that, you know, a few weeks before that,
[35:23.420 --> 35:28.420]  and I gave them a couple weeks to respond and nobody did, so I sent another one.
[35:28.420 --> 35:36.420]  Okay, I'm going to suggest that you never send anything to any government agency
[35:36.420 --> 35:41.420]  unless it's directed to a specific human being.
[35:41.420 --> 35:42.420]  Okay.
[35:42.420 --> 35:54.420]  So what you need to know is who is the SAC, the Special Agent in Charge.
[35:54.420 --> 35:58.420]  You call up and ask who is the SAC, and if you ask who the SAC is,
[35:58.420 --> 36:04.420]  they're going to assume that you're someone that's involved with it,
[36:04.420 --> 36:07.420]  and they'll tell you who the SAC is.
[36:07.420 --> 36:14.420]  Always send your correspondence to the SAC by name.
[36:14.420 --> 36:20.420]  And certified return receipt.
[36:20.420 --> 36:22.420]  Certified return receipt, okay.
[36:22.420 --> 36:30.420]  And if the FBI contacts you and wants to interview you
[36:30.420 --> 36:34.420]  and they call you down to their office,
[36:34.420 --> 36:41.420]  absolutely do not ever go into a private office with just you
[36:41.420 --> 36:46.420]  and an IRS agent or, you know, FBI agent or two FBI agents.
[36:46.420 --> 36:47.420]  Right.
[36:47.420 --> 36:54.420]  I assure you they will lie when the truth would do better.
[36:54.420 --> 37:01.420]  So, and if you do speak to them, take two recording devices with you.
[37:01.420 --> 37:06.420]  One they can see, one they can't.
[37:06.420 --> 37:09.420]  You take one and you set it on the table,
[37:09.420 --> 37:14.420]  and if they ask you to turn it off, certainly turn it off.
[37:14.420 --> 37:18.420]  They never think to ask if you've got another one.
[37:18.420 --> 37:24.420]  We had a guy from New York call in and play on the air the tape
[37:24.420 --> 37:33.420]  of the police officers trying to erase the tape on the first recording device.
[37:33.420 --> 37:39.420]  That was a hoot, and that got the charges against him dropped very quickly.
[37:39.420 --> 37:41.420]  Okay.
[37:41.420 --> 37:45.420]  I don't have much use for the FBI there.
[37:45.420 --> 37:49.420]  Essentially, as far as you're concerned, worthless.
[37:49.420 --> 37:56.420]  The FBI are like Hitler's brown shoes, brown shoes, brown shirts, like his brown shirts.
[37:56.420 --> 38:02.420]  The FBI is a part of the executive.
[38:02.420 --> 38:06.420]  They work for the president, and they're not going to do anything
[38:06.420 --> 38:11.420]  that's not politically expedient for the current president.
[38:11.420 --> 38:17.420]  So, they're worthless, in spite of what you might see on the TV programs,
[38:17.420 --> 38:23.420]  there may actually be some IRS agents who go out and catch criminals,
[38:23.420 --> 38:29.420]  but they only catch criminals that are politically expedient.
[38:29.420 --> 38:33.420]  And you're sending them after IRS agents.
[38:33.420 --> 38:37.420]  That is not going to be politically expedient.
[38:37.420 --> 38:43.420]  So, we like to take a somewhat different approach.
[38:43.420 --> 38:48.420]  When I look at the code, I can find nothing that prevents me
[38:48.420 --> 38:57.420]  from going directly to a federal grand jury and giving them notice of crime.
[38:57.420 --> 39:04.420]  Now, what a U.S. attorney will tell you is that you cannot present to a grand jury.
[39:04.420 --> 39:06.420]  Mm-hmm.
[39:06.420 --> 39:13.420]  Okay, no problem, I do not want to present to a grand jury.
[39:13.420 --> 39:23.420]  However, since the duties of federal grand jurors are, they read like this,
[39:23.420 --> 39:26.420]  the grand jury shall examine into all criminal accusations
[39:26.420 --> 39:31.420]  that come to their knowledge by whatever means.
[39:31.420 --> 39:39.420]  That means the grand jury can take notice of crime by any means available.
[39:39.420 --> 39:47.420]  And you, as a private citizen, nowhere in the law is there anything
[39:47.420 --> 39:53.420]  that prevents you from giving notice of crime to a grand jury.
[39:53.420 --> 40:02.420]  Okay, with that said, when you attempt to send communications to a grand jury,
[40:02.420 --> 40:07.420]  the U.S. attorney will intercept those communications
[40:07.420 --> 40:11.420]  and hide them from the grand jury.
[40:11.420 --> 40:14.420]  So, what kind of worked out this plan?
[40:14.420 --> 40:21.420]  You know, generally what goes on is not a problem.
[40:21.420 --> 40:24.420]  These are merely parameters.
[40:24.420 --> 40:26.420]  So, these are the parameters.
[40:26.420 --> 40:28.420]  This is how it works.
[40:28.420 --> 40:31.420]  You send a communication to the foreman of the grand jury,
[40:31.420 --> 40:33.420]  addressed to the foreman of the grand jury,
[40:33.420 --> 40:38.420]  you can be sure the U.S. attorney will intercept that.
[40:38.420 --> 40:44.420]  So, how do you turn that into a crime?
[40:44.420 --> 40:49.420]  You send it registered restricted.
[40:49.420 --> 40:53.420]  Under registered restricted, now it costs more to do that.
[40:53.420 --> 41:00.420]  But under registered restricted, only the named person can sign for it.
[41:00.420 --> 41:03.420]  Well, they won't tell you who the foreman of the grand jury is.
[41:03.420 --> 41:08.420]  If you have PACER and you go into PACER and you look at criminal complaints,
[41:08.420 --> 41:11.420]  if you can find the most recent criminal complaints,
[41:11.420 --> 41:15.420]  it'll have the grand jury foreman's name on there.
[41:15.420 --> 41:18.420]  And it's a signature.
[41:18.420 --> 41:20.420]  So, if you can't read the signature,
[41:20.420 --> 41:28.420]  what you do is you make a copy of the indictment that has his signature on it,
[41:28.420 --> 41:35.420]  copy out the signature, and put that in the name line of your letter.
[41:35.420 --> 41:42.420]  You say, to the foreman, to the signature,
[41:42.420 --> 41:46.420]  in his capacity as foreman of the grand jury.
[41:46.420 --> 41:48.420]  Say, you don't care what it says.
[41:48.420 --> 41:50.420]  If you can't read it, who cares?
[41:50.420 --> 41:54.420]  Their problem, not your problem.
[41:54.420 --> 41:56.420]  If they consider that his name, it works for me,
[41:56.420 --> 42:00.420]  so I just put it on the letter.
[42:00.420 --> 42:02.420]  And then you send it.
[42:02.420 --> 42:09.420]  And you put a criminal accusation, a verified criminal affidavit,
[42:09.420 --> 42:12.420]  and a statement of facts.
[42:12.420 --> 42:18.420]  You can, as you've done here, if the statement is not too large,
[42:18.420 --> 42:22.420]  you can include it in the criminal complaint itself.
[42:22.420 --> 42:27.420]  So, you send that, make sure it's verified before notary,
[42:27.420 --> 42:32.420]  but on the front of it, and you send them 23 copies,
[42:32.420 --> 42:34.420]  one for each grand jury member, or 24 copies,
[42:34.420 --> 42:39.420]  one for the foreman and one for each grand jury member.
[42:39.420 --> 42:44.420]  The foreman's copy, you put a cover letter on it.
[42:44.420 --> 42:54.420]  You ask the foreman to sign, I'm sorry, to initial this letter,
[42:54.420 --> 42:58.420]  acknowledging that you received this document.
[42:58.420 --> 43:01.420]  Please do not sign it.
[43:01.420 --> 43:08.420]  Then you explain that we have trouble giving notice to grand juries
[43:08.420 --> 43:11.420]  of crime by public officials
[43:11.420 --> 43:15.420]  because U.S. attorneys will intercept mail
[43:15.420 --> 43:18.420]  directed to the foreman of the grand jury,
[43:18.420 --> 43:24.420]  then subsequently hide that notice from the grand jury.
[43:24.420 --> 43:29.420]  We ask you not to sign it because the U.S. attorney
[43:29.420 --> 43:33.420]  generally has a rubber stamp with your name on it
[43:33.420 --> 43:38.420]  that he uses to stamp superseding indictments.
[43:38.420 --> 43:42.420]  Once he gets an initial indictment, all the subsequent indictments,
[43:42.420 --> 43:44.420]  he'll just rubber stamp with your name.
[43:44.420 --> 43:51.420]  We want to make sure he doesn't rubber stamp your name on this letter.
[43:51.420 --> 43:56.420]  Okay, that's a dirty rotten way of letting the foreman know
[43:56.420 --> 43:58.420]  what the U.S. attorney is doing.
[43:58.420 --> 44:00.420]  Well, what's going to happen?
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[45:01.420 --> 45:04.420]  Are you the plaintiff or defendant in a lawsuit?
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[46:21.420 --> 46:23.420]  Okay, we are back.
[46:23.420 --> 46:26.420]  Randy Kelton, Rule of Law Radio.
[46:26.420 --> 46:29.420]  I ran right off the cliff that time.
[46:29.420 --> 46:33.420]  Okay, so we send this letter to the foreman,
[46:33.420 --> 46:38.420]  but we know that the U.S. attorney is going to intercept it.
[46:38.420 --> 46:42.420]  And when he pulls this letter out and reads it,
[46:42.420 --> 46:47.420]  he is really not going to want the foreman to see this.
[46:47.420 --> 46:52.420]  And we really want him not to give it to the foreman
[46:52.420 --> 46:56.420]  because we know that when the document comes into the FBI
[46:56.420 --> 46:58.420]  or to the U.S. attorney's office,
[46:58.420 --> 47:02.420]  the guy in the mail room will sign for everything.
[47:02.420 --> 47:06.420]  He don't read it to see if it's restricted.
[47:06.420 --> 47:08.420]  He just signs for everything.
[47:08.420 --> 47:12.420]  And the mail carrier is not going to argue with the U.S. attorney's office,
[47:12.420 --> 47:15.420]  so he's just going to let him sign for it.
[47:15.420 --> 47:22.420]  Okay, you wait two weeks. You won't get a response.
[47:22.420 --> 47:27.420]  So you send a second set of complaints,
[47:27.420 --> 47:37.420]  except this time you include the first set of complaints as an exhibit.
[47:37.420 --> 47:45.420]  The actual complaint in this case is against the head U.S. attorney
[47:45.420 --> 47:49.420]  for whatever office you're sending it to,
[47:49.420 --> 47:58.420]  accusing him of tampering with the mail and obstruction of justice.
[47:58.420 --> 48:07.420]  Tampering with the mail, obstruction of justice, and tampering with the government document.
[48:07.420 --> 48:11.420]  Does that make sense how I get there?
[48:11.420 --> 48:15.420]  Hold on, let me make sure I have you unmuted.
[48:15.420 --> 48:18.420]  Okay, now they can probably hear you better. Go ahead.
[48:18.420 --> 48:22.420]  It makes complete sense.
[48:22.420 --> 48:33.420]  So now the prosecutor opens the second one, and now he's reading a criminal accusation against himself,
[48:33.420 --> 48:38.420]  accusing him of opening the first one.
[48:38.420 --> 48:44.420]  That's when you're likely to get a communication from him.
[48:44.420 --> 48:54.420]  And I suggest, I see in your letter to the FBI that you ask them not to call you on the telephone,
[48:54.420 --> 48:59.420]  but to communicate in writing. That's perfect.
[48:59.420 --> 49:03.420]  Ask the U.S. attorney to do the same thing.
[49:03.420 --> 49:11.420]  It'll make him a little bit more reluctant to issue the kinds of threats he would like to issue.
[49:11.420 --> 49:16.420]  But he may be dumb enough to threaten you in writing.
[49:16.420 --> 49:23.420]  If he does threaten you in writing, and what they tend to threaten you with, and what they've threatened me with,
[49:23.420 --> 49:28.420]  is tampering with the grand jury.
[49:28.420 --> 49:36.420]  I had one that was in Fort Lauderdale threaten me with tampering with the grand jury.
[49:36.420 --> 49:43.420]  I said, well, knock yourself out, Bubba. I'd like nothing better than to get this in court
[49:43.420 --> 49:49.420]  and get a good judicial decision on what the legislature meant by,
[49:49.420 --> 49:54.420]  the grand jury shall examine into all crimes that come to their knowledge by whatever means.
[49:54.420 --> 49:59.420]  We need to find out whatever means means.
[49:59.420 --> 50:05.420]  Maybe we can get the Supreme to define it for us, and then we won't have this confusion.
[50:05.420 --> 50:08.420]  Well, I didn't hear any more of that trash.
[50:08.420 --> 50:12.420]  It's kind of like this RRS agent making these false threats.
[50:12.420 --> 50:16.420]  The U.S. attorney would do the same thing, but when he does that,
[50:16.420 --> 50:23.420]  first threat, first implied threat, no matter how veiled.
[50:23.420 --> 50:28.420]  If I have a bailiff tell me, oh man, you really need to be careful.
[50:28.420 --> 50:32.420]  You could get in a lot of trouble doing this.
[50:32.420 --> 50:38.420]  That's witness tampering obstruction of justice.
[50:38.420 --> 50:40.420]  You want to threaten me?
[50:40.420 --> 50:44.420]  And a veiled warning is certainly a threat.
[50:44.420 --> 50:52.420]  I tell people never give legal advice to public officials.
[50:52.420 --> 50:58.420]  Any legal advice you give at all, oh, you're supposed to do this,
[50:58.420 --> 51:01.420]  and these are my rights, and blah, blah, blah.
[51:01.420 --> 51:08.420]  They're going to take that as a veiled threat that you take action against them if they don't do this,
[51:08.420 --> 51:13.420]  and then they'll accuse you of being agitated.
[51:13.420 --> 51:17.420]  That's their key word is agitated.
[51:17.420 --> 51:21.420]  Never, ever give a public official legal advice.
[51:21.420 --> 51:25.420]  If he wants legal advice, he can go down and hire him an attorney,
[51:25.420 --> 51:28.420]  and I'm sure they'd be glad to give him plenty of legal advice.
[51:28.420 --> 51:31.420]  You're not going to get any from me.
[51:31.420 --> 51:35.420]  I'm going to tell you what I want you to do, and you will either do it,
[51:35.420 --> 51:41.420]  or I'll go to the next guy up the line and ask them to arrest you for not doing it.
[51:41.420 --> 51:44.420]  Okay, so we don't give him legal advice.
[51:44.420 --> 51:49.420]  We don't tell him what he's supposed to do.
[51:49.420 --> 51:53.420]  We just tell him what we want him to do.
[51:53.420 --> 51:57.420]  So you send that first letter, and he's going to intercept it.
[51:57.420 --> 52:03.420]  You send the second letter, and then you're likely to get a communication from the U.S. attorney.
[52:03.420 --> 52:12.420]  When you do, you take that communication, and you prepare another criminal complaint against him,
[52:12.420 --> 52:20.420]  and you send it to the U.S. attorney in D.C.
[52:20.420 --> 52:23.420]  Don, were you ever in the military?
[52:23.420 --> 52:25.420]  Yes.
[52:25.420 --> 52:35.420]  So what would happen to you if, say, you're a grunt or a buck sergeant,
[52:35.420 --> 52:45.420]  and your base commander gets chewed out by someone from the Pentagon
[52:45.420 --> 52:54.420]  because they got a really nasty letter from a citizen chewing them out about one of your troops?
[52:54.420 --> 53:01.420]  So what's your base commander going to do?
[53:01.420 --> 53:05.420]  Yeah, he's going to go to the next guy below him and chew him out,
[53:05.420 --> 53:08.420]  and that guy's going to go to the next guy below him and chew him out even more,
[53:08.420 --> 53:12.420]  and that guy's going to go to your OIC and chew him out big time,
[53:12.420 --> 53:20.420]  and your OIC is going to chew out your into its OIC, and when it gets to you, you are in big trouble.
[53:20.420 --> 53:26.420]  Makes no difference if what you did was right, wrong, or what have you.
[53:26.420 --> 53:29.420]  Nobody cares.
[53:29.420 --> 53:35.420]  I got my butt chewed out by my boss who got his butt chewed out.
[53:35.420 --> 53:38.420]  We don't care what you did.
[53:38.420 --> 53:42.420]  Just make sure that never happens again.
[53:42.420 --> 53:45.420]  This is how it works in these political structures.
[53:45.420 --> 53:54.420]  So we want to work our way up to the highest person we can get to.
[53:54.420 --> 54:02.420]  Now, we could just jump to the top, but that's less effective than walking our way up to the top
[54:02.420 --> 54:05.420]  so that when we get to the top guy, we can say,
[54:05.420 --> 54:15.420]  we only came to you because we attempted to exercise every remedy in between,
[54:15.420 --> 54:23.420]  and was thwarted at every turn by your employees.
[54:23.420 --> 54:32.420]  Okay, so we go to a U.S. attorney in D.C., and if you just send it to the U.S. attorney's office,
[54:32.420 --> 54:39.420]  he'll go to a U.S. attorney, and the U.S. attorney will do his regular song and dance seltzer down your pants
[54:39.420 --> 54:47.420]  and try to shield his buddy over here in New Mexico from any political fallout,
[54:47.420 --> 54:51.420]  and he's going to send you some nonsense letter saying,
[54:51.420 --> 54:57.420]  oh, yeah, this is not something that you can file a complaint about or some blah, blah, blah.
[54:57.420 --> 55:00.420]  You don't care what he does.
[55:00.420 --> 55:05.420]  If he does anything other than present that to a grand jury,
[55:05.420 --> 55:12.420]  then you file against him with the U.S. attorney general.
[55:12.420 --> 55:18.420]  He's the final U.S. attorney.
[55:18.420 --> 55:22.420]  And then when the U.S. attorney general doesn't act,
[55:22.420 --> 55:28.420]  then you file against the U.S. attorney general with a federal judge,
[55:28.420 --> 55:33.420]  then you charge the U.S. attorney general with obstruction,
[55:33.420 --> 55:36.420]  and you file it with the judge in his capacity as a magistrate,
[55:36.420 --> 55:40.420]  and I just did that in Fort Worth.
[55:40.420 --> 55:42.420]  Wow.
[55:42.420 --> 55:51.420]  And each thing you try to do will start the process over again, so don't get frustrated.
[55:51.420 --> 55:55.420]  This is great fun.
[55:55.420 --> 56:00.420]  You're not going to tell you any of this, but you've been in the military.
[56:00.420 --> 56:04.420]  You know what's going on behind the scenes.
[56:04.420 --> 56:08.420]  You've got phones ringing all over the place.
[56:08.420 --> 56:13.420]  I went down to the U.S. courthouse, federal courthouse in Fort Worth,
[56:13.420 --> 56:15.420]  and asked to see a magistrate.
[56:15.420 --> 56:18.420]  Well, the U.S. marshal said, you can't see a magistrate.
[56:18.420 --> 56:23.420]  You have to talk to the court clerk.
[56:23.420 --> 56:27.420]  Well, okay, if you say so, I have to talk to the court clerk,
[56:27.420 --> 56:29.420]  because they got the pistols.
[56:29.420 --> 56:38.420]  So I go to the court clerk, and I slide under the glass of this verified criminal affidavit.
[56:38.420 --> 56:42.420]  And lo and behold, I get the head clerk bouncing out there,
[56:42.420 --> 56:45.420]  saying, well, I'm not sure what to do with this.
[56:45.420 --> 56:47.420]  I said, that's real easy.
[56:47.420 --> 56:55.420]  Tell me which judge is in today, and I will take it to him in his capacity as a magistrate.
[56:55.420 --> 56:57.420]  Oh, you can't just go see the judge.
[56:57.420 --> 56:58.420]  Yeah, I can.
[56:58.420 --> 57:00.420]  Just tell me where they're at.
[57:00.420 --> 57:01.420]  Oh, we can't do that.
[57:01.420 --> 57:02.420]  We can't do that.
[57:02.420 --> 57:04.420]  Well, Mr. Kelton, I'll take it.
[57:04.420 --> 57:05.420]  Okay.
[57:05.420 --> 57:08.420]  But you'll have to file it as a case.
[57:08.420 --> 57:09.420]  No, no, no, no, no.
[57:09.420 --> 57:11.420]  I can't file this as a case.
[57:11.420 --> 57:14.420]  This is a criminal accusation.
[57:14.420 --> 57:18.420]  A citizen can't file a criminal accusation.
[57:18.420 --> 57:20.420]  They can only give notice to some magistrate.
[57:20.420 --> 57:25.420]  So get me a federal magistrate here so I can give them notice of this crime.
[57:25.420 --> 57:28.420]  Well, you can't talk to the judges.
[57:28.420 --> 57:34.420]  I said, well, then, I would allow you to take this on the condition
[57:34.420 --> 57:39.420]  that you take it for the purpose of presenting it to some magistrate.
[57:39.420 --> 57:45.420]  And I wrote that on the document, asked him to stamp it and make me a copy.
[57:45.420 --> 57:47.420]  And he did.
[57:47.420 --> 57:54.420]  Two weeks later, I got my complaints back from the clerk telling me
[57:54.420 --> 57:58.420]  that I couldn't file this in that court.
[57:58.420 --> 58:01.420]  Oh, wonderful.
[58:01.420 --> 58:04.420]  Was that the district clerk?
[58:04.420 --> 58:08.420]  Yeah, the federal district clerk.
[58:08.420 --> 58:09.420]  Oh, wow.
[58:09.420 --> 58:14.420]  So guess what I'm going to do?
[58:14.420 --> 58:18.420]  I'm going to file against the district clerk.
[58:18.420 --> 58:19.420]  Yep.
[58:19.420 --> 58:26.420]  And then I want the district clerk to throw some federal judge under the bus
[58:26.420 --> 58:30.420]  by telling me which one told him to do this.
[58:30.420 --> 58:35.420]  When the judge gives legal advice, he's not a judge.
[58:35.420 --> 58:39.420]  He's a lawyer giving advice to a client and I can sue him for it.
[58:39.420 --> 58:40.420]  Hang on.
[58:40.420 --> 58:41.420]  Going to break.
[58:41.420 --> 58:43.420]  Randy Kelton, Wheel of Law Radio.
[58:43.420 --> 58:47.420]  I call him number 512-646-1984.
[58:47.420 --> 58:50.420]  We'll be right back.
[58:50.420 --> 58:54.420]  Would you like to make more definite progress in your walk with God?
[58:54.420 --> 58:57.420]  Bibles for America is offering a free study Bible
[58:57.420 --> 59:01.420]  and a set of free Christian books that can really help.
[59:01.420 --> 59:04.420]  The New Testament Recovery Version is one of the most comprehensive
[59:04.420 --> 59:06.420]  study Bibles available today.
[59:06.420 --> 59:09.420]  It's an accurate translation and it contains thousands of footnotes
[59:09.420 --> 59:13.420]  that will help you to know God and to know the meaning of life.
[59:13.420 --> 59:18.420]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.420 --> 59:21.420]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.420 --> 59:24.420]  clearly presents God's plan of salvation,
[59:24.420 --> 59:27.420]  growing in Christ and how to build up the church.
[59:27.420 --> 59:30.420]  To order your free New Testament Recovery Version
[59:30.420 --> 59:33.420]  and Basic Elements of the Christian Life
[59:33.420 --> 59:40.420]  call Bibles for America toll free at 888-551-0102.
[59:40.420 --> 59:44.420]  That's 888-551-0102.
[59:44.420 --> 59:49.420]  Or visit us online at bfa.org.
[59:49.420 --> 59:55.420]  Live, free speech radio, logosradionetwork.com.
[59:55.420 --> 01:00:00.420]  The Falling News Flash is brought to you by the Lone Star Lowdown,
[01:00:00.420 --> 01:00:03.420]  providing the jelly bulletins for the commodities market.
[01:00:03.420 --> 01:00:13.420]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:13.420 --> 01:00:25.420]  Markets for Wednesday, the 17th of August, 2016 are currently trading with gold at $1,349.35 an ounce,
[01:00:25.420 --> 01:00:30.420]  silver $19.68 an ounce, Texas crude $46.58 a barrel,
[01:00:30.420 --> 01:00:43.420]  and Bitcoin is currently sitting at about $572 U.S. currency.
[01:00:43.420 --> 01:00:50.420]  Today in history, the year, 1982, the first compact discs or CDs are released in public in Germany.
[01:00:50.420 --> 01:00:55.420]  It was a recording from 1979 of Claudio Arau performing Chopin's waltzes.
[01:00:55.420 --> 01:01:02.420]  He was invited to the Langenhagen plant to press the start button.
[01:01:02.420 --> 01:01:07.420]  In recent news, U.S. District Judge Ann J. Brown sentenced Cory LaCueu,
[01:01:07.420 --> 01:01:11.420]  the first defendant from the armed takeover in the Oregon wildlife refuge earlier this year,
[01:01:11.420 --> 01:01:15.420]  to a two-and-a-half-year prison sentence for his role in the federal conspiracy case.
[01:01:15.420 --> 01:01:18.420]  He will also have a three-year supervised release afterwards
[01:01:18.420 --> 01:01:22.420]  and an amount of restitution be paid when that amount is determined in the future.
[01:01:22.420 --> 01:01:27.420]  Cory was the first of 26 standoff defendants who pleaded guilty to the armed conspiracy.
[01:01:27.420 --> 01:01:31.420]  Though conspiracy charges usually carry a prison sentence of up to six years,
[01:01:31.420 --> 01:01:35.420]  federal prosecutors settled for less as part of the plea bargain agreement
[01:01:35.420 --> 01:01:43.420]  since Cory was the first in the case to take responsibility.
[01:01:43.420 --> 01:01:45.420]  Donald Trump, the Republican presidential candidate,
[01:01:45.420 --> 01:01:48.420]  was set to receive an intelligence briefing in New York today.
[01:01:48.420 --> 01:01:52.420]  The intent is to give him an inside scoop into the global threats that the U.S. is facing,
[01:01:52.420 --> 01:01:54.420]  a standard procedure for major party candidates.
[01:01:54.420 --> 01:01:57.420]  The briefing does not contain sensitive intelligence,
[01:01:57.420 --> 01:02:00.420]  not at the level of the presidential daily briefing, for example,
[01:02:00.420 --> 01:02:05.420]  but more akin to the broad and descriptive testimony given by senior officials to Congress each year
[01:02:05.420 --> 01:02:08.420]  at a public hearing on global threats.
[01:02:08.420 --> 01:02:12.420]  Trump brought along General Mike Flynn, former head of the Defense Intelligence Agency,
[01:02:12.420 --> 01:02:15.420]  since the candidates are not required to hold security clearances,
[01:02:15.420 --> 01:02:18.420]  but any aid in the room with them does.
[01:02:18.420 --> 01:02:21.420]  For the first 52 years of presidential candidate intelligence briefings,
[01:02:21.420 --> 01:02:23.420]  the CIA gave them directly.
[01:02:23.420 --> 01:02:29.420]  However, since 2004, the Office of the Director of National Intelligence has now taken over this task.
[01:02:29.420 --> 01:02:52.420]  The session includes a printed briefing book for each candidate.
[01:02:59.420 --> 01:03:19.420]  Okay, we are back.
[01:03:19.420 --> 01:03:25.420]  Randy Kelton, the Wheel of Law Radio, and we're talking to Don in New Mexico.
[01:03:25.420 --> 01:03:30.420]  Okay, Don, so far does this make sense?
[01:03:30.420 --> 01:03:33.420]  It does. It sounds like something's going to take a long time.
[01:03:33.420 --> 01:03:39.420]  It does take a while, but once you've done it a time or two,
[01:03:39.420 --> 01:03:44.420]  you can so easily predict what they're going to do.
[01:03:44.420 --> 01:03:52.420]  But you've got this IRS agent sitting back here, and he's pulled this stuff,
[01:03:52.420 --> 01:03:58.420]  and what I'm going to suggest you do is not go after the IRS agent directly.
[01:03:58.420 --> 01:04:04.420]  Heck with him. Go after his supervisor.
[01:04:04.420 --> 01:04:10.420]  Okay.
[01:04:10.420 --> 01:04:16.420]  What you need to do is pull the IRS manual,
[01:04:16.420 --> 01:04:29.420]  because the code itself forbids an agent from violating any law while collecting the taxes.
[01:04:29.420 --> 01:04:35.420]  So that's kind of throw the agent under the bus statue.
[01:04:35.420 --> 01:04:39.420]  They go to the agents and say, you've got to collect this much money.
[01:04:39.420 --> 01:04:41.420]  We fire you behind.
[01:04:41.420 --> 01:04:45.420]  Well, there's no way you can do that legally.
[01:04:45.420 --> 01:04:51.420]  We were in the military, and I was in Vietnam during the heart of the Tet Offensives,
[01:04:51.420 --> 01:04:56.420]  and we loaded bombs and rockets on fighter-type aircraft.
[01:04:56.420 --> 01:05:00.420]  Well, they would bring us what they called a frag, and the frag was,
[01:05:00.420 --> 01:05:07.420]  you need 200 and 750 pounders, we need 50 sidewinders, whatever they needed,
[01:05:07.420 --> 01:05:13.420]  and we would prepare it all, put the fuses in it, load it up on ejector racks.
[01:05:13.420 --> 01:05:20.420]  Well, according to the rules, we couldn't load a quarter of that,
[01:05:20.420 --> 01:05:26.420]  because you can't go too fast, you've got to be careful, you don't want to be unsafe.
[01:05:26.420 --> 01:05:34.420]  But we're firing ground support for your air support for our ground troops.
[01:05:34.420 --> 01:05:37.420]  And I had a twin brother in country.
[01:05:37.420 --> 01:05:41.420]  You give me a frag, we loaded that frag.
[01:05:41.420 --> 01:05:44.420]  And then one day they came out and inspected us,
[01:05:44.420 --> 01:05:49.420]  and we had these big racks where we would load 200 bombs a night.
[01:05:49.420 --> 01:05:54.420]  Well, we had arming pins, we had streamers on them,
[01:05:54.420 --> 01:05:57.420]  and we'd put a pile of them next to us, so as we load these bombs,
[01:05:57.420 --> 01:06:03.420]  we could stick these safety pins in there to keep them from dropping the weapons on the runway.
[01:06:03.420 --> 01:06:09.420]  Well, they came out and inspected us, and we told them that the hoist that we used,
[01:06:09.420 --> 01:06:11.420]  the down button would stick.
[01:06:11.420 --> 01:06:17.420]  And we've got a rack here that's got a 750-pound bomb on the bottom,
[01:06:17.420 --> 01:06:22.420]  and then up above that, there's one on each side.
[01:06:22.420 --> 01:06:25.420]  So if you drop that thing down, it's going to hit that bottom bomb
[01:06:25.420 --> 01:06:28.420]  and then flip over to one side or the other.
[01:06:28.420 --> 01:06:33.420]  And with 2,100 pounds, that could hurt you.
[01:06:33.420 --> 01:06:39.420]  They didn't want to hear that the hoists we were using were malfunctioning.
[01:06:39.420 --> 01:06:45.420]  They were concerned that we were getting the streamers dirty on those arming pins,
[01:06:45.420 --> 01:06:50.420]  and we needed to keep those in the armament shed.
[01:06:50.420 --> 01:06:53.420]  And every time we needed one, we had to crawl out of this rack we worked in
[01:06:53.420 --> 01:06:58.420]  and go over the armament shed and get one and put it in.
[01:06:58.420 --> 01:07:04.420]  That's what I told my troops, line up taller at the watches and rings.
[01:07:04.420 --> 01:07:08.420]  When you load everything strictly by the book,
[01:07:08.420 --> 01:07:12.420]  first thing you do is check for watches and rings.
[01:07:12.420 --> 01:07:15.420]  And my NCOIC got real excited.
[01:07:15.420 --> 01:07:20.420]  We broke two frags in a row, and they took me out of the bomb dump,
[01:07:20.420 --> 01:07:23.420]  put me on the flight line, tried to kill me.
[01:07:23.420 --> 01:07:26.420]  But they were setting us up.
[01:07:26.420 --> 01:07:34.420]  If anything goes wrong, they could come out and show that we weren't loading by the book,
[01:07:34.420 --> 01:07:37.420]  and therefore we're responsible.
[01:07:37.420 --> 01:07:41.420]  IRS is doing the exact same thing to their agents.
[01:07:41.420 --> 01:07:46.420]  They put them in a position where they have to break the law in order to collect,
[01:07:46.420 --> 01:07:52.420]  but they also have statutes that says if you break one of the laws, you're on your own.
[01:07:52.420 --> 01:07:57.420]  So everything is political.
[01:07:57.420 --> 01:08:00.420]  They don't mind throwing this agent under the bus,
[01:08:00.420 --> 01:08:04.420]  and for the most part they'll do what they can to protect the agent.
[01:08:04.420 --> 01:08:09.420]  But when you go after his boss, he already has you set up
[01:08:09.420 --> 01:08:13.420]  so he can throw you under the bus instead of him.
[01:08:13.420 --> 01:08:18.420]  So you go after his boss first, not the guy who did it,
[01:08:18.420 --> 01:08:22.420]  but the guy who thinks of himself as essentially innocent,
[01:08:22.420 --> 01:08:28.420]  and he's being wrongly persecuted because of this Trump down here on the bottom.
[01:08:28.420 --> 01:08:32.420]  And how do you find out who his boss is?
[01:08:32.420 --> 01:08:34.420]  Should I say that again?
[01:08:34.420 --> 01:08:37.420]  How would you find out who his supervisor been?
[01:08:37.420 --> 01:08:45.420]  Oh, you can look in the IRS agent manual.
[01:08:45.420 --> 01:08:49.420]  I used to have it about, this is seven or eight years ago,
[01:08:49.420 --> 01:08:56.420]  but you can get their manual, it's online, and read your collection manual,
[01:08:56.420 --> 01:08:59.420]  and it will tell in there what the hierarchy is.
[01:08:59.420 --> 01:09:06.420]  So you want to go up to the highest person within this duty section,
[01:09:06.420 --> 01:09:11.420]  within this office, and that's the guy you want to hammer
[01:09:11.420 --> 01:09:16.420]  because everybody else is responding yet superior to him.
[01:09:16.420 --> 01:09:20.420]  So you don't want to go after the agent, you don't want to go after the agent's direct supervisor.
[01:09:20.420 --> 01:09:24.420]  You want to go, if you can, two levels above that.
[01:09:24.420 --> 01:09:28.420]  So you got this guy up here running this whole section,
[01:09:28.420 --> 01:09:36.420]  and he is getting hammered by some jerk citizen out there who's trying to get him indicted,
[01:09:36.420 --> 01:09:43.420]  and now he's going after the U.S. attorney, and he's going after everybody
[01:09:43.420 --> 01:09:49.420]  because they wouldn't come after me, and you're the one that caused all of this.
[01:09:49.420 --> 01:09:51.420]  It's all about politics.
[01:09:51.420 --> 01:09:53.420]  Okay.
[01:09:53.420 --> 01:09:59.420]  Once we understand how the politics works, we know what's going to be going on in the background.
[01:09:59.420 --> 01:10:02.420]  And in our case, we did that.
[01:10:02.420 --> 01:10:09.420]  Two days after we filed a criminal complaint against this guy's boss, his boss, his boss, or this woman,
[01:10:09.420 --> 01:10:11.420]  she was fired.
[01:10:11.420 --> 01:10:18.420]  And the U.S. attorney that we started out with, she was removed from the case.
[01:10:18.420 --> 01:10:24.420]  So we don't know if she was fired or not, but you get removed from a case this way.
[01:10:24.420 --> 01:10:29.420]  It's really, really a nasty mark on your record.
[01:10:29.420 --> 01:10:33.420]  We have to shift the gear.
[01:10:33.420 --> 01:10:40.420]  Forget this nonsense that you'll win your case because you have the law and the facts on your side.
[01:10:40.420 --> 01:10:42.420]  That's not going to happen.
[01:10:42.420 --> 01:10:45.420]  That only happens in the movies.
[01:10:45.420 --> 01:10:51.420]  In the real world, you'll only win your case if you have the politics on your side.
[01:10:51.420 --> 01:10:56.420]  And that is not necessarily a problem.
[01:10:56.420 --> 01:11:00.420]  It's only a problem if we don't understand that part.
[01:11:00.420 --> 01:11:09.420]  If we understand it, then all of a sudden we become a serious, serious problem for these guys.
[01:11:09.420 --> 01:11:11.420]  Now, I go after them all the time.
[01:11:11.420 --> 01:11:17.420]  I just went after a federal judge, charged him criminally.
[01:11:17.420 --> 01:11:22.420]  I haven't heard anything from anybody.
[01:11:22.420 --> 01:11:27.420]  The FBI has never called me about my criminal complaints against a federal judge.
[01:11:27.420 --> 01:11:30.420]  Everybody said, well, you'd be careful and they'll come and get you.
[01:11:30.420 --> 01:11:33.420]  No, they won't.
[01:11:33.420 --> 01:11:38.420]  Not if you follow their rules and use their laws.
[01:11:38.420 --> 01:11:41.420]  No, they won't come after you.
[01:11:41.420 --> 01:11:48.420]  And especially if you understand how to use the politics.
[01:11:48.420 --> 01:11:54.420]  And when I went straight for the federal judge, they knew I understood the politics.
[01:11:54.420 --> 01:11:59.420]  And what agent are they going to get to come out to talk to me?
[01:11:59.420 --> 01:12:05.420]  The only agent they're going to get to come talk to me is one they want to throw under the bus.
[01:12:05.420 --> 01:12:08.420]  And you'll be the same way.
[01:12:08.420 --> 01:12:14.420]  And the first time one does talk to you and says one thing that you can construe as fair warning,
[01:12:14.420 --> 01:12:19.420]  you charge him with witness tampering and obstruction.
[01:12:19.420 --> 01:12:24.420]  And then start the routine on him.
[01:12:24.420 --> 01:12:28.420]  When you start this, the phones start buzzing.
[01:12:28.420 --> 01:12:30.420]  Everybody knows what's going on.
[01:12:30.420 --> 01:12:33.420]  Now, nobody's going to tell you that.
[01:12:33.420 --> 01:12:40.420]  The last thing they want you to know is how much trouble you're causing them.
[01:12:40.420 --> 01:12:50.420]  But you try this, that ARS agent, he is out there hanging in the wind and he knows it.
[01:12:50.420 --> 01:12:55.420]  He's hoping you don't know how to come after him.
[01:12:55.420 --> 01:13:00.420]  So in this case, this one got fired.
[01:13:00.420 --> 01:13:04.420]  But her behavior was a bit outrageous.
[01:13:04.420 --> 01:13:08.420]  And what this guy's doing is pretty outrageous.
[01:13:08.420 --> 01:13:16.420]  And good chance you can sue, if you can show and you can show that he had no authority to do this,
[01:13:16.420 --> 01:13:18.420]  you can sue the ARS agent personally.
[01:13:18.420 --> 01:13:27.420]  I suggest that you not, suggest that you sue the head of the ARS agent section personally.
[01:13:27.420 --> 01:13:34.420]  He is really going to be unhappy if you send him a tort letter notifying him
[01:13:34.420 --> 01:13:41.420]  that he has directed his agents to act outside scope and therefore conspired with them
[01:13:41.420 --> 01:13:46.420]  to deny you and your tenant in procedural due process.
[01:13:46.420 --> 01:13:51.420]  Procedural due process violation, you can sue them under Brady.
[01:13:51.420 --> 01:13:52.420]  Not Brady.
[01:13:52.420 --> 01:13:54.420]  I keep forgetting what it is.
[01:13:54.420 --> 01:13:56.420]  The one where they see the file.
[01:13:56.420 --> 01:14:07.420]  Actually, the case that set the precedent that says you can sue a public official was the guy sued five IRS agents.
[01:14:07.420 --> 01:14:11.420]  And he sued them for acting outside of scope.
[01:14:11.420 --> 01:14:14.420]  I'll think of the name of the case in a minute.
[01:14:14.420 --> 01:14:21.420]  But the court said you have no immunity if you're outside of scope.
[01:14:21.420 --> 01:14:28.420]  So long as you're acting within the scope of your authority, you have qualified immunity.
[01:14:28.420 --> 01:14:33.420]  We have a case in Texas, a seminal case in Texas.
[01:14:33.420 --> 01:14:41.420]  A guy in El Paso is sent to pick up a 19-year-old girl and take her from one jail to another.
[01:14:41.420 --> 01:14:49.420]  And he decides to have himself a little recreation in between and pulls over and rapes her.
[01:14:49.420 --> 01:14:51.420]  Well, I guess he thought she was a prostitute or something.
[01:14:51.420 --> 01:14:53.420]  Turns out she was not.
[01:14:53.420 --> 01:14:55.420]  She filed suit.
[01:14:55.420 --> 01:15:03.420]  The officer claimed immunity and the court said rape is not within scope.
[01:15:03.420 --> 01:15:11.420]  He was claiming that since he was an officer on duty and performing a duty under his office
[01:15:11.420 --> 01:15:15.420]  by transporting her from one place to the other, that he had immunity.
[01:15:15.420 --> 01:15:17.420]  And the judge said absolutely not.
[01:15:17.420 --> 01:15:22.420]  Once you step out of scope, all bets are off.
[01:15:22.420 --> 01:15:29.420]  So you have a good shot at claiming that this agent was outside of scope.
[01:15:29.420 --> 01:15:39.420]  But you can do it even better by claiming that this is an ongoing practice.
[01:15:39.420 --> 01:15:46.420]  And since it's an ongoing practice, it's sanctioned under policy and you go after the policymaker.
[01:15:46.420 --> 01:15:54.420]  So if I went after the guy that runs the Albuquerque office, that would be high up enough.
[01:15:54.420 --> 01:15:56.420]  Oh, yes.
[01:15:56.420 --> 01:16:00.420]  That would definitely be high up enough.
[01:16:00.420 --> 01:16:08.420]  You go after him and it's going to get real ugly for this agent.
[01:16:08.420 --> 01:16:10.420]  They're not going to care what he did.
[01:16:10.420 --> 01:16:14.420]  They're not going to care if it's right or wrong or what have you.
[01:16:14.420 --> 01:16:19.420]  The director of the agency is only going to care that he's got some citizen suing him
[01:16:19.420 --> 01:16:22.420]  because of what you guys did.
[01:16:22.420 --> 01:16:26.420]  And he will come down on them with a level of righteous indignation.
[01:16:26.420 --> 01:16:31.420]  They will not believe.
[01:16:31.420 --> 01:16:33.420]  Stop with copies.
[01:16:33.420 --> 01:16:37.420]  You got a break coming.
[01:16:37.420 --> 01:16:39.420]  I've got a couple of questions.
[01:16:39.420 --> 01:16:40.420]  OK, hang on.
[01:16:40.420 --> 01:16:41.420]  We're about to go to break.
[01:16:41.420 --> 01:16:44.420]  This is Randy Kelton, Wheel of Life Radio.
[01:16:44.420 --> 01:16:48.420]  I call it number 512-646-1984.
[01:16:48.420 --> 01:17:01.420]  We'll be right back.
[01:17:01.420 --> 01:17:05.420]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination by delivering
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[01:17:18.420 --> 01:17:23.420]  We believe in educating our customers with resources from top accredited metals dealers
[01:17:23.420 --> 01:17:24.420]  and journalists.
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[01:17:54.420 --> 01:18:00.420]  Visit us at capitalcoinandbullion.com or call 512-646-6440.
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[01:18:49.420 --> 01:18:57.420]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:18:57.420 --> 01:19:01.420]  to learn how to stop debt collectors now.
[01:19:01.420 --> 01:19:07.420]  This is the Logos, Logos Radio Network.
[01:19:24.420 --> 01:19:26.420]  Okay, we are back.
[01:19:26.420 --> 01:19:29.420]  Randy Kelton, Rule of Law Radio, and we're talking to Don in New Mexico.
[01:19:29.420 --> 01:19:32.420]  Okay, Don, you had a couple more questions?
[01:19:32.420 --> 01:19:33.420]  Yes, I do.
[01:19:33.420 --> 01:19:38.420]  As far as the identified criminal accusation, where can I get a copy of one?
[01:19:38.420 --> 01:19:41.420]  Is that something I get on Pacer?
[01:19:41.420 --> 01:19:47.420]  Yeah, you could go to the criminal section of Pacer and just pull up any cause number.
[01:19:47.420 --> 01:19:50.420]  There will be a charging instrument there.
[01:19:50.420 --> 01:19:57.420]  In the Fed, a charging instrument looks just like a civil suit.
[01:19:57.420 --> 01:20:00.420]  It uses the same type of heading.
[01:20:00.420 --> 01:20:05.420]  A lot of states use the same type of heading for criminal complaints.
[01:20:05.420 --> 01:20:11.420]  Texas has a separate special form that they use.
[01:20:11.420 --> 01:20:18.420]  We have a statute that says all criminal accusations shall run in the name of the state of Texas.
[01:20:18.420 --> 01:20:24.420]  So all criminal accusations start with in the name of and by the authority of the state of Texas.
[01:20:24.420 --> 01:20:27.420]  That's their heading.
[01:20:27.420 --> 01:20:29.420]  But in the Fed, it looks just like a lawsuit.
[01:20:29.420 --> 01:20:37.420]  It will be the United States versus whoever the defendant is.
[01:20:37.420 --> 01:20:39.420]  So go on Pacer.
[01:20:39.420 --> 01:20:41.420]  You should be able to pull a couple down.
[01:20:41.420 --> 01:20:46.420]  They also have informations.
[01:20:46.420 --> 01:20:53.420]  An information is a complaint written by a lawyer, by a prosecutor.
[01:20:53.420 --> 01:20:55.420]  You file a complaint.
[01:20:55.420 --> 01:21:02.420]  It's intended that you file it as a nonprofessional, as a layperson.
[01:21:02.420 --> 01:21:09.420]  So a complaint is not, it has certain requirements that must be there,
[01:21:09.420 --> 01:21:15.420]  but they expect this to be filed by ordinary citizens, so they don't expect it to be perfect.
[01:21:15.420 --> 01:21:20.420]  When a prosecutor gets one, he needs to create an information from the complaint.
[01:21:20.420 --> 01:21:28.420]  And an information is in fact a complaint in proper structural form.
[01:21:28.420 --> 01:21:34.420]  So if you get into Pacer and have a look at the criminal side,
[01:21:34.420 --> 01:21:43.420]  and just pick anybody you know that's been criminally prosecuted, even some of these famous cases,
[01:21:43.420 --> 01:21:49.420]  then pull the documents, pull the complaints down, look at the original complaint.
[01:21:49.420 --> 01:21:52.420]  And if they have an information, look at it.
[01:21:52.420 --> 01:21:56.420]  And the information will be definitive.
[01:21:56.420 --> 01:21:59.420]  This is how you write a complaint.
[01:21:59.420 --> 01:22:03.420]  This is the way they'd like to see all the elements.
[01:22:03.420 --> 01:22:07.420]  Everything will be exactly where they'd like to see the information.
[01:22:07.420 --> 01:22:09.420]  It may or may not be correct in the complaint.
[01:22:09.420 --> 01:22:11.420]  Does that make sense?
[01:22:11.420 --> 01:22:12.420]  It does.
[01:22:12.420 --> 01:22:18.420]  And then you said 23 copies, the original, would that go to the foreman?
[01:22:18.420 --> 01:22:21.420]  Yeah, there's 23 grand jurors.
[01:22:21.420 --> 01:22:23.420]  Yeah, I said 24.
[01:22:23.420 --> 01:22:24.420]  I'm wrong.
[01:22:24.420 --> 01:22:25.420]  There's only 23.
[01:22:25.420 --> 01:22:29.420]  One of them is the foreman, to have an odd number.
[01:22:29.420 --> 01:22:30.420]  So do I send...
[01:22:30.420 --> 01:22:35.420]  It's a good idea to have an odd number because you can never have a tie.
[01:22:35.420 --> 01:22:37.420]  Yeah.
[01:22:37.420 --> 01:22:46.420]  So as far as the foreman goes, do they get a copy or do I need to make an original for the foreman and then copies go to...
[01:22:46.420 --> 01:22:51.420]  Yeah, you do the original to the foreman and a copy for everybody else.
[01:22:51.420 --> 01:22:57.420]  I always send 23 sealed envelopes.
[01:22:57.420 --> 01:23:06.420]  First one's written on it to the foreman, the grand juror one through 22.
[01:23:06.420 --> 01:23:09.420]  But they're all sealed.
[01:23:09.420 --> 01:23:15.420]  So in order to get into them, they have to break the seal.
[01:23:15.420 --> 01:23:17.420]  So I'm putting each one in an envelope?
[01:23:17.420 --> 01:23:23.420]  Yes.
[01:23:23.420 --> 01:23:32.420]  That's important because if you have a seal on it and one that can't be just opened and resealed,
[01:23:32.420 --> 01:23:38.420]  then when the grand juror gets it, he's going to know that's been opened.
[01:23:38.420 --> 01:23:45.420]  And I've talked to a number of grand jurors. If it's been opened, they're going to want to know why.
[01:23:45.420 --> 01:23:52.420]  What's going on here? Why is this addressed to me and it's been opened?
[01:23:52.420 --> 01:23:54.420]  A lot of politics here.
[01:23:54.420 --> 01:24:02.420]  The foreman would get an envelope addressed to the foreman, grand juror number one through 22 after that?
[01:24:02.420 --> 01:24:08.420]  Yes, no, one, two, three, one through 22, one for each grand juror member.
[01:24:08.420 --> 01:24:09.420]  Okay.
[01:24:09.420 --> 01:24:13.420]  They all get their own.
[01:24:13.420 --> 01:24:18.420]  So the prosecutor doesn't get to copy it and put in or leave out whatever he wants to.
[01:24:18.420 --> 01:24:23.420]  Everybody's already got their own.
[01:24:23.420 --> 01:24:27.420]  You probably shouldn't put the cover letter on each one of them.
[01:24:27.420 --> 01:24:32.420]  Just don't include a stamp self-address envelope in everybody else's.
[01:24:32.420 --> 01:24:35.420]  And the letter is strictly addressed to the foreman.
[01:24:35.420 --> 01:24:41.420]  So when the other grand jurors get the letter, the cover letter, they'll know it's not addressed to them.
[01:24:41.420 --> 01:24:48.420]  But they'll also find out what, you know, give them an idea of what's going on.
[01:24:48.420 --> 01:24:51.420]  Okay. Thank you very much.
[01:24:51.420 --> 01:24:55.420]  Okay. Have fun with it and let us know how this goes.
[01:24:55.420 --> 01:24:57.420]  I'll be calling back, I'm sure.
[01:24:57.420 --> 01:24:58.420]  All right.
[01:24:58.420 --> 01:24:59.420]  Thank you, Don.
[01:24:59.420 --> 01:25:00.420]  Okay.
[01:25:00.420 --> 01:25:03.420]  Now we're going to go to Scott in Texas.
[01:25:03.420 --> 01:25:05.420]  Hello, Scott.
[01:25:05.420 --> 01:25:06.420]  Well, hello.
[01:25:06.420 --> 01:25:17.420]  I was wanting to see, was you able to do a little bit more on that, what we were talking about today when I sent that over about the complaint?
[01:25:17.420 --> 01:25:20.420]  I didn't read the last one.
[01:25:20.420 --> 01:25:30.420]  Scott sent me a criminal complaint written by a court watcher who went to watch Scott's hearing.
[01:25:30.420 --> 01:25:39.420]  And the prosecutor accused the court watcher of recording the proceedings.
[01:25:39.420 --> 01:25:44.420]  And the judge sent the bailiff over and took his phone away from him.
[01:25:44.420 --> 01:25:49.420]  And the bailiff went through the phone and he couldn't find any recordings because the guy wasn't recording.
[01:25:49.420 --> 01:25:52.420]  So he's filing a complaint against the judge.
[01:25:52.420 --> 01:26:08.420]  And the first one I got was typical of people in the patriot movement who are relatively new to the movement who haven't actually worked with the courts very much.
[01:26:08.420 --> 01:26:19.420]  You hear, you try to emulate legalese and that's what this was and didn't do too good a job.
[01:26:19.420 --> 01:26:23.420]  Kind of looked like the first one I got from Scott.
[01:26:23.420 --> 01:26:31.420]  But then once you send it back and they redo it, it comes up to speed pretty quickly.
[01:26:31.420 --> 01:26:39.420]  I got the first one and started through it or maybe it was I think I got the second one.
[01:26:39.420 --> 01:26:41.420]  The second one was much better.
[01:26:41.420 --> 01:26:54.420]  And I was going through it and I kind of got sidetracked on doing legal research on the right to record your public officials.
[01:26:54.420 --> 01:26:59.420]  And I found some really interesting information.
[01:26:59.420 --> 01:27:12.420]  One case in particular, I don't have the name in front of me, but I'll be putting this together in a presentation that I can put online.
[01:27:12.420 --> 01:27:19.420]  The court said that your right to record is not absolute.
[01:27:19.420 --> 01:27:31.420]  That they have established that you have a white, if you have a, oh what was it, you have to have a purpose.
[01:27:31.420 --> 01:27:44.420]  You have to, under First Amendment that goes to media, you have to have an audience and you have to have a purpose for the audience.
[01:27:44.420 --> 01:27:59.420]  So you can't, this is a case about a guy who was photographing an apartment complex that was being built and the security guards made him stop photographing.
[01:27:59.420 --> 01:28:02.420]  And he sued.
[01:28:02.420 --> 01:28:12.420]  And the court told him, well, you don't necessarily have a protected right to photograph this property just because you want to.
[01:28:12.420 --> 01:28:17.420]  Now, if you had a verifiable purpose, then you could.
[01:28:17.420 --> 01:28:21.420]  So you have to have, what they're saying is you've got to have a verifiable purpose.
[01:28:21.420 --> 01:28:41.420]  So anybody who wants to record a public official who is within the sound of my voice, you are hereby deputized as freelance agents for Rue La Radio.
[01:28:41.420 --> 01:29:01.420]  And your verified purpose is to provide freelance articles and videos for Rue La Radio for broadcast on the air to our audience who is interested in the subject matter of public officials and the performance of their duty.
[01:29:01.420 --> 01:29:04.420]  Does that sound like fun, Scott?
[01:29:04.420 --> 01:29:06.420]  Well, that sounds pretty good.
[01:29:06.420 --> 01:29:15.420]  And if you'll send me an ID photo, I will make you up an ID for Rue La Radio and send it back to you.
[01:29:15.420 --> 01:29:17.420]  Well, I'll certainly do that.
[01:29:17.420 --> 01:29:27.420]  But even if, even if a court watcher was to say that he's watching as a credible witness, there's no server purpose.
[01:29:27.420 --> 01:29:34.420]  That would, no, that won't quite do it because you don't have an audience.
[01:29:34.420 --> 01:29:39.420]  You have to have an audience and a purpose and an audience for that purpose.
[01:29:39.420 --> 01:29:41.420]  This is First Amendment.
[01:29:41.420 --> 01:29:43.420]  This is media.
[01:29:43.420 --> 01:29:46.420]  So, okay, hang on.
[01:29:46.420 --> 01:29:47.420]  I'm about to go to break.
[01:29:47.420 --> 01:29:49.420]  Randy Kelton, Rue La Radio.
[01:29:49.420 --> 01:29:53.420]  Call in number 512-646-1984.
[01:29:53.420 --> 01:30:03.420]  We'll be right back.
[01:30:03.420 --> 01:30:08.420]  Mom's have a way of making everything better, a hug, a kiss on the cheek, a special meal.
[01:30:08.420 --> 01:30:12.420]  But even when she's far away, mom can still work her magic.
[01:30:12.420 --> 01:30:16.420]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment to tell you how.
[01:30:16.420 --> 01:30:23.420]  Your search engine is watching you, recording all your searches and creating a massive database of your personal information.
[01:30:23.420 --> 01:30:24.420]  That's creepy.
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[01:30:46.420 --> 01:30:49.420]  When you're having a bad day, there's nothing better than a hug from mom.
[01:30:49.420 --> 01:30:52.420]  But what if she's thousands of miles away?
[01:30:52.420 --> 01:30:53.420]  Don't worry.
[01:30:53.420 --> 01:30:56.420]  She can still turn a frown into a smile with just the sound of her voice.
[01:30:56.420 --> 01:31:01.420]  Researchers stressed out young girls with math exams and public speaking assignments.
[01:31:01.420 --> 01:31:05.420]  As expected, their level of cortisol, the stress hormone, shot through the roof.
[01:31:05.420 --> 01:31:09.420]  Then their moms consoled the girls with either a personal hug or a phone chat.
[01:31:09.420 --> 01:31:12.420]  Amazingly, the phone worked just as well.
[01:31:12.420 --> 01:31:18.420]  Mom's voice alone was enough to flood the girls with oxytocin, the feel-good comfort hormone.
[01:31:18.420 --> 01:31:21.420]  I'm Dr. Catherine Albrecht, and I think I'll give my mom a call.
[01:31:21.420 --> 01:31:30.420]  For more news and information at CatherineAlbrecht.com.
[01:31:30.420 --> 01:31:35.420]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.420 --> 01:31:37.420]  The government says that fire brought it down.
[01:31:37.420 --> 01:31:42.420]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.420 --> 01:31:45.420]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.420 --> 01:31:48.420]  And thousands of my fellow first responders are dying.
[01:31:48.420 --> 01:31:49.420]  I'm not a conspiracy theorist.
[01:31:49.420 --> 01:31:50.420]  I'm a structural engineer.
[01:31:50.420 --> 01:31:51.420]  I'm a New York City correctional.
[01:31:51.420 --> 01:31:52.420]  I'm an Air Force pilot.
[01:31:52.420 --> 01:31:54.420]  I'm a father who lost his son.
[01:31:54.420 --> 01:31:57.420]  We're Americans, and we deserve the truth.
[01:31:57.420 --> 01:32:00.420]  Go to RememberBuilding7.org today.
[01:32:00.420 --> 01:32:02.420]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.420 --> 01:32:05.420]  Did your home receive hail or wind damage from the recent storms?
[01:32:05.420 --> 01:32:08.420]  Come on, we all know the government caused it with their Kim Trails.
[01:32:08.420 --> 01:32:10.420]  But good luck getting them to pay for it.
[01:32:10.420 --> 01:32:13.420]  Okay, I might be kidding about the Kim Trails, but I'm serious about your roof.
[01:32:13.420 --> 01:32:15.420]  That's why you have insurance.
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[01:32:37.420 --> 01:32:40.420]  Mention the crypto show and get $100 off.
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[01:32:44.420 --> 01:32:49.420]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:49.420 --> 01:32:55.420]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:55.420 --> 01:32:58.420]  Discounts are based on full roof replacement.
[01:32:58.420 --> 01:33:02.420]  May not actually be kidding about Kim Trails.
[01:33:02.420 --> 01:33:05.420]  Looking for some truth? You found it.
[01:33:05.420 --> 01:33:31.420]  LogosRadioNetwork.com.
[01:33:31.420 --> 01:33:35.420]  Okay, we are back. Randy Kelton, Rue La Radio,
[01:33:35.420 --> 01:33:38.420]  and we're talking to Scott in Texas.
[01:33:38.420 --> 01:33:45.420]  And, Scott, I pulled up the complaint while we were on the break.
[01:33:45.420 --> 01:33:51.420]  And, okay, I have some problems with it.
[01:33:51.420 --> 01:33:54.420]  Okay, it starts out in the name and by the authority of the state of Texas.
[01:33:54.420 --> 01:33:59.420]  That's how a Texas criminal complaint is styled.
[01:33:59.420 --> 01:34:05.420]  I, Jody, being duly sworn to state upon my oath that I have personal knowledge,
[01:34:05.420 --> 01:34:09.420]  I have good reason to believe and do believe.
[01:34:09.420 --> 01:34:13.420]  Now, I have good reason to believe and do believe
[01:34:13.420 --> 01:34:19.420]  comes from other requirements of a criminal complaint.
[01:34:19.420 --> 01:34:23.420]  The courts have said that in order to file a criminal complaint,
[01:34:23.420 --> 01:34:26.420]  the person must have good reason to believe
[01:34:26.420 --> 01:34:33.420]  and must believe that the information he's bringing is true.
[01:34:33.420 --> 01:34:37.420]  The following is a complaint regarding Administrator Williams
[01:34:37.420 --> 01:34:44.420]  in open court during a proceeding in a court of law in Rockwell County, Texas.
[01:34:44.420 --> 01:34:50.420]  Administrator Williams, what does that mean?
[01:34:50.420 --> 01:34:54.420]  Well, he's the head administrator of the proceedings
[01:34:54.420 --> 01:35:00.420]  because we're going after it on administrative proceedings.
[01:35:00.420 --> 01:35:08.420]  What is the person's designated title?
[01:35:08.420 --> 01:35:10.420]  His judge.
[01:35:10.420 --> 01:35:13.420]  Then put judge.
[01:35:13.420 --> 01:35:16.420]  Okay, name him specifically as the judge then.
[01:35:16.420 --> 01:35:21.420]  Yeah, name him the way the court will recognize him.
[01:35:21.420 --> 01:35:22.420]  Okay.
[01:35:22.420 --> 01:35:25.420]  You can call him an administrator if you want to,
[01:35:25.420 --> 01:35:28.420]  but by giving him a different title,
[01:35:28.420 --> 01:35:33.420]  you indicate someone other than the municipal court judge.
[01:35:33.420 --> 01:35:35.420]  Okay.
[01:35:35.420 --> 01:35:37.420]  He's county judge.
[01:35:37.420 --> 01:35:40.420]  County judge, whatever he is.
[01:35:40.420 --> 01:35:41.420]  Right, right.
[01:35:41.420 --> 01:35:44.420]  Okay, that's even better if he's a county judge.
[01:35:44.420 --> 01:35:48.420]  In open court during a proceeding in a court of law in Rockwell, Texas.
[01:35:48.420 --> 01:35:52.420]  Okay, complainant believes these practices.
[01:35:52.420 --> 01:35:58.420]  This whole section here, there's a section here that's essentially an introduction.
[01:35:58.420 --> 01:36:02.420]  In a criminal complaint, you don't do an introduction.
[01:36:02.420 --> 01:36:07.420]  First thing you do in a criminal complaint is state the facts.
[01:36:07.420 --> 01:36:12.420]  And here I have, the second section is complaints rights are violated.
[01:36:12.420 --> 01:36:18.420]  Appearing in court with a friend to watch a proceeding,
[01:36:18.420 --> 01:36:25.420]  complainant was accused of filming in an open court of law.
[01:36:25.420 --> 01:36:31.420]  Appearing in court with a friend to watch a proceeding.
[01:36:31.420 --> 01:36:38.420]  Why is that so cryptic?
[01:36:38.420 --> 01:36:43.420]  Should I just say that he came to court with me to watch?
[01:36:43.420 --> 01:36:47.420]  On the blank day of blank,
[01:36:47.420 --> 01:36:57.420]  complainant appeared in the county of Rockwell County court of law
[01:36:57.420 --> 01:37:07.420]  for the purpose of witnessing a trial in the court.
[01:37:07.420 --> 01:37:11.420]  This is, don't do fancy language here.
[01:37:11.420 --> 01:37:13.420]  Speak to an eighth grader.
[01:37:13.420 --> 01:37:15.420]  Okay.
[01:37:15.420 --> 01:37:17.420]  Good.
[01:37:17.420 --> 01:37:22.420]  State this so that an eighth grader can read it
[01:37:22.420 --> 01:37:27.420]  and you won't create any questions in the mind of the eighth grader.
[01:37:27.420 --> 01:37:32.420]  They'll know exactly what you're talking about.
[01:37:32.420 --> 01:37:38.420]  This is, this common kind of language that I see
[01:37:38.420 --> 01:37:42.420]  with people who read legal documents
[01:37:42.420 --> 01:37:45.420]  and then try to emulate the legal documents,
[01:37:45.420 --> 01:37:51.420]  there's a basic understanding that they're missing.
[01:37:51.420 --> 01:37:59.420]  It is a lawyer's job to misconstrue anything that he can.
[01:37:59.420 --> 01:38:06.420]  So a lot of the language we see that appears to be legalese
[01:38:06.420 --> 01:38:15.420]  is really written so that someone can't misinterpret the word the.
[01:38:15.420 --> 01:38:19.420]  The means one previously mentioned.
[01:38:19.420 --> 01:38:27.420]  In legal documents, the term that's usually used is said instead of the
[01:38:27.420 --> 01:38:33.420]  because it is a little more specific and it's not common language.
[01:38:33.420 --> 01:38:35.420]  So it stands out.
[01:38:35.420 --> 01:38:41.420]  It's clear that Lee has a number of different usages.
[01:38:41.420 --> 01:38:45.420]  Said used in this context is really clear.
[01:38:45.420 --> 01:38:49.420]  If you have just quoted a statute, you say said statute,
[01:38:49.420 --> 01:38:54.420]  and then if you're in the next sentence,
[01:38:54.420 --> 01:38:57.420]  then it's clear that you're referring to the statute above.
[01:38:57.420 --> 01:39:01.420]  Because if there's any way the lawyer can misconstrue that, he will.
[01:39:01.420 --> 01:39:05.420]  So a lot of what you see that appears to be legalese
[01:39:05.420 --> 01:39:10.420]  and really the writer looks at it and says to himself,
[01:39:10.420 --> 01:39:14.420]  how can the reader misinterpret this?
[01:39:14.420 --> 01:39:19.420]  And how can I write it so that they can't misinterpret it?
[01:39:19.420 --> 01:39:28.420]  You write legal documents with that in mind and they'll begin to look like legalese.
[01:39:28.420 --> 01:39:35.420]  Then I suppose they are legalese, but it's merely just a way of keeping someone
[01:39:35.420 --> 01:39:38.420]  from deliberately misconstruing what you said.
[01:39:38.420 --> 01:39:42.420]  Now, that is a good practice.
[01:39:42.420 --> 01:39:45.420]  Always, because even when you're writing prose,
[01:39:45.420 --> 01:39:53.420]  because the one thing you want to avoid is a pattern interruption,
[01:39:53.420 --> 01:39:59.420]  something that will drop your reader out of flow.
[01:39:59.420 --> 01:40:04.420]  And the thing that will drop your reader out of flow quicker than anything else
[01:40:04.420 --> 01:40:11.420]  is lack of referential index, where you use a pronoun, for instance,
[01:40:11.420 --> 01:40:18.420]  where you've spoken of a judge and he was a male,
[01:40:18.420 --> 01:40:21.420]  you've spoken of a prosecutor and he was male,
[01:40:21.420 --> 01:40:24.420]  and you've spoken of a bailiff and he was a male,
[01:40:24.420 --> 01:40:28.420]  and then you use the term he.
[01:40:28.420 --> 01:40:34.420]  Well, who does he refer to specifically?
[01:40:34.420 --> 01:40:40.420]  And have you written it in a way such that a lawyer can read the term he
[01:40:40.420 --> 01:40:49.420]  and imply that it referred to a different he than you intended it to?
[01:40:49.420 --> 01:40:56.420]  That's why I suggest never use pronouns in a legal document.
[01:40:56.420 --> 01:41:03.420]  It is the job of the opposing counsel to misinterpret who you're referring to.
[01:41:03.420 --> 01:41:08.420]  If you keep that in mind in regular prose,
[01:41:08.420 --> 01:41:14.420]  you can use pronouns, but you will use them very sparingly.
[01:41:14.420 --> 01:41:20.420]  You'll use them only when the use of the term won't cause the reader to have to say,
[01:41:20.420 --> 01:41:25.420]  hold on, which he is this person is the writer referring to,
[01:41:25.420 --> 01:41:29.420]  because if they have to stop and ask that question to themselves,
[01:41:29.420 --> 01:41:32.420]  they've just dropped out of flow.
[01:41:32.420 --> 01:41:38.420]  When you put in the name, it may seem redundant.
[01:41:38.420 --> 01:41:42.420]  It'll seem redundant to an English professor,
[01:41:42.420 --> 01:41:47.420]  but it won't seem redundant to a first-time reader,
[01:41:47.420 --> 01:41:52.420]  because once you've read the name once,
[01:41:52.420 --> 01:41:57.420]  the next time you see it, you'll recognize it like you recognize a Chevrolet.
[01:41:57.420 --> 01:42:04.420]  You won't read it. You'll see it and recognize it and just keep going, won't even slow down.
[01:42:04.420 --> 01:42:10.420]  Now, if you use it a full name twice in the same sentence,
[01:42:10.420 --> 01:42:15.420]  there needs to be a good reason as to why you used it twice.
[01:42:15.420 --> 01:42:21.420]  If you said John Doe did this and he did this,
[01:42:21.420 --> 01:42:25.420]  if you say John Doe did this and John Doe did that,
[01:42:25.420 --> 01:42:28.420]  it would seem a little clunky to the reader.
[01:42:28.420 --> 01:42:33.420]  But if it's in one sentence like that where it's not possible for someone to reasonably misconstrue,
[01:42:33.420 --> 01:42:36.420]  then you use a pronoun, but only then.
[01:42:36.420 --> 01:42:37.420]  Right.
[01:42:37.420 --> 01:42:46.420]  So redundancy is a problem, but not so great a problem in legal writing.
[01:42:46.420 --> 01:42:55.420]  If you can use the person's name in each separate sentence and it won't become redundant.
[01:42:55.420 --> 01:42:58.420]  And once you've done this a little bit,
[01:42:58.420 --> 01:43:07.420]  you'll get really good at crafting your sentence in a way so that the name doesn't sound redundant.
[01:43:07.420 --> 01:43:13.420]  But remember, for the most part, people won't read it. They'll see it and just jump right over it.
[01:43:13.420 --> 01:43:27.420]  So when you write, always think what will cause my reader to ask themselves a mental question.
[01:43:27.420 --> 01:43:32.420]  If I write something and you have to stop and say,
[01:43:32.420 --> 01:43:36.420]  what's he referring to here or what did he mean by that?
[01:43:36.420 --> 01:43:39.420]  I've screwed up.
[01:43:39.420 --> 01:43:42.420]  I've just bumped you out of flow.
[01:43:42.420 --> 01:43:48.420]  And in a legal document where you're trying to stitch together complex ideas
[01:43:48.420 --> 01:43:51.420]  or you're stitching together a long list of facts,
[01:43:51.420 --> 01:43:55.420]  you don't ever want your reader to drop out of flow.
[01:43:55.420 --> 01:44:00.420]  Hang on. We'll be right back.
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[01:46:22.420 --> 01:46:27.420]  Did I miss the beep?
[01:46:27.420 --> 01:46:29.420]  I guess I missed the beep.
[01:46:29.420 --> 01:46:31.420]  Okay, this is Randy Kelvin.
[01:46:31.420 --> 01:46:33.420]  I get a beep when I come in.
[01:46:33.420 --> 01:46:35.420]  You guys can't hear it, but I can.
[01:46:35.420 --> 01:46:40.420]  I guess I was distracted thinking of what I was going to say next and missed the beep.
[01:46:40.420 --> 01:46:43.420]  Okay, we are back.
[01:46:43.420 --> 01:46:45.420]  Now I'm all bum-fuzzled.
[01:46:45.420 --> 01:46:47.420]  I don't know where I was at, Scott.
[01:46:47.420 --> 01:46:49.420]  Okay, yeah, we were talking about flow.
[01:46:49.420 --> 01:46:51.420]  Flow is the most important thing.
[01:46:51.420 --> 01:46:57.420]  And in this case, we're looking at a statement of facts.
[01:46:57.420 --> 01:47:02.420]  Statement of facts is an art form.
[01:47:02.420 --> 01:47:08.420]  A statement of facts seems rather pedantic as you just say this happened, that happened.
[01:47:08.420 --> 01:47:12.420]  It doesn't sound very artful.
[01:47:12.420 --> 01:47:20.420]  But when you think of what the reader's doing in their mind when they read these facts,
[01:47:20.420 --> 01:47:26.420]  if I start giving you a set of facts, you're going to listen to the first fact,
[01:47:26.420 --> 01:47:31.420]  and you're going to hold it in your mind, and then you're going to listen to the second fact,
[01:47:31.420 --> 01:47:35.420]  and then you're going to try to develop referential index.
[01:47:35.420 --> 01:47:40.420]  How do these facts stitch together?
[01:47:40.420 --> 01:47:44.420]  Why did he tell me this second fact after this first fact?
[01:47:44.420 --> 01:47:49.420]  Or how does this logical sequence follow?
[01:47:49.420 --> 01:47:53.420]  This is what the reader does when he reads facts.
[01:47:53.420 --> 01:47:56.420]  So you can use that.
[01:47:56.420 --> 01:48:00.420]  First, you set down all of the facts.
[01:48:00.420 --> 01:48:08.420]  Once you've got all the facts down, then you decide what you want to imply from the facts.
[01:48:08.420 --> 01:48:12.420]  You get to your argument in support.
[01:48:12.420 --> 01:48:14.420]  What do you want to argue?
[01:48:14.420 --> 01:48:21.420]  Then go back and look at your facts and see if you can adjust your facts in a way
[01:48:21.420 --> 01:48:29.420]  that will lead your reader to come to conclusions about how these facts fit together
[01:48:29.420 --> 01:48:37.420]  that fit very nicely with the claim you want to develop.
[01:48:37.420 --> 01:48:45.420]  So a statement of facts is more than just a statement of facts. It's a lead-in.
[01:48:45.420 --> 01:48:51.420]  Here you have your reader making his or her own decisions.
[01:48:51.420 --> 01:48:59.420]  If you craft your presentation well, they will make a decision as to how these fits together
[01:48:59.420 --> 01:49:03.420]  that matches your argument later on.
[01:49:03.420 --> 01:49:10.420]  If you argue what they thought, they're going to think you're really smart.
[01:49:10.420 --> 01:49:13.420]  And they're also going to think that you're right.
[01:49:13.420 --> 01:49:20.420]  So put down all of the facts that are necessary.
[01:49:20.420 --> 01:49:22.420]  Look at the facts.
[01:49:22.420 --> 01:49:27.420]  Here we have appearing in court with a friend to watch proceedings.
[01:49:27.420 --> 01:49:32.420]  Appointed was accused of filming in open court of law.
[01:49:32.420 --> 01:49:40.420]  Assisted DA Jeffrey Hill accused complainant of filming and informed Administrator Williams.
[01:49:40.420 --> 01:49:49.420]  So DA Jeffrey Hill accused complainant of filming. That is vague.
[01:49:49.420 --> 01:50:01.420]  Did he directly accuse the complainant in that did he speak to the complainant directly
[01:50:01.420 --> 01:50:11.420]  speak to the judge and ask the judge to take action against the complainant?
[01:50:11.420 --> 01:50:22.420]  It can be important because whoever's in court, they're there only to talk to the judge.
[01:50:22.420 --> 01:50:28.420]  Not to talk to anybody out in the gallery and not to talk to the other litigant.
[01:50:28.420 --> 01:50:35.420]  Everybody talks to the judge. If the prosecutor singled out someone in the gallery
[01:50:35.420 --> 01:50:41.420]  and made accusations against him, that is absolutely improper.
[01:50:41.420 --> 01:50:46.420]  Prosecutor had an indication or an inkling that something was going on wrong.
[01:50:46.420 --> 01:50:53.420]  He's to instruct to bring that to the judge and the judge decides who's
[01:50:53.420 --> 01:50:59.420]  if anything happens to anybody in the gallery. For a prosecutor to do that,
[01:50:59.420 --> 01:51:06.420]  he sets himself up in the place of the judge or he connects himself to the judge
[01:51:06.420 --> 01:51:14.420]  in a way that is wholly improper. Is it clear where I'm going there, Scott?
[01:51:14.420 --> 01:51:18.420]  Hold on. I muted you because you had some background noise. Okay, go ahead.
[01:51:18.420 --> 01:51:29.420]  Yeah, so now he is, so since he basically since the DA basically just told the judge
[01:51:29.420 --> 01:51:35.420]  openly that my friend was the one recording, then the judge got involved
[01:51:35.420 --> 01:51:39.420]  and he's the one that said, oh, we'll hold him in contempt of court.
[01:51:39.420 --> 01:51:46.420]  And then the DA said, oh, and sees his phone. And the DA did say sees his phone.
[01:51:46.420 --> 01:51:51.420]  But he did say it to the judge. Yes. Okay, that's okay.
[01:51:51.420 --> 01:52:00.420]  Then you can't see him on that. But that it's better if you state your facts
[01:52:00.420 --> 01:52:06.420]  in a way so that you anticipate the questions that will come to the mind
[01:52:06.420 --> 01:52:11.420]  of the reader. When I read that, that question came up immediately. Okay.
[01:52:11.420 --> 01:52:21.420]  Where you use a accused, accused in this case is in a nominalization.
[01:52:21.420 --> 01:52:33.420]  It's a process turned into a noun.
[01:52:33.420 --> 01:52:39.420]  I'm trying to think of how to artfully explain this so it makes sense.
[01:52:39.420 --> 01:52:48.420]  You in a statement of facts, you tell what the DA actually did
[01:52:48.420 --> 01:52:54.420]  and not your conclusion about what he did. Accused is a conclusion.
[01:52:54.420 --> 01:53:03.420]  If you stated the judge, the DA told the judge that this person was recording
[01:53:03.420 --> 01:53:09.420]  in the courtroom. That's not a conclusion. That's a fact.
[01:53:09.420 --> 01:53:15.420]  And then the judge asked the directed debater to take the phone.
[01:53:15.420 --> 01:53:24.420]  Whatever happened. But avoid conclusionary language.
[01:53:24.420 --> 01:53:28.420]  Take the facts for you. Lead the mind of your reader.
[01:53:28.420 --> 01:53:35.420]  But most important, look for any place that the reader could ask a question.
[01:53:35.420 --> 01:53:41.420]  Here, Administrator Williams told complainant that he would be held in contempt.
[01:53:41.420 --> 01:53:47.420]  Then Hill demanded to have his phone seized. See that's, huh?
[01:53:47.420 --> 01:53:52.420]  Told him he would be held in contempt for what?
[01:53:52.420 --> 01:53:56.420]  Did he tell him what he would be held in contempt for?
[01:53:56.420 --> 01:54:01.420]  Okay.
[01:54:01.420 --> 01:54:08.420]  And then ordered the bailiff to open his phone.
[01:54:08.420 --> 01:54:12.420]  Okay, I won't go into any more detail in all of this.
[01:54:12.420 --> 01:54:17.420]  But basically you get the idea. You want to look for anything that's unclear,
[01:54:17.420 --> 01:54:23.420]  anything that's conclusionary, or anything that has deletions or distortions.
[01:54:23.420 --> 01:54:30.420]  Here, Administrator Williams instructed bailiff to assault complainant.
[01:54:30.420 --> 01:54:34.420]  Assault complainant?
[01:54:34.420 --> 01:54:38.420]  What did he do? Beat him over the head?
[01:54:38.420 --> 01:54:41.420]  No, just grab his phone.
[01:54:41.420 --> 01:54:45.420]  Okay. Just say grab his phone.
[01:54:45.420 --> 01:54:49.420]  You interpreted grabbing his phone as an assault.
[01:54:49.420 --> 01:54:55.420]  Okay. And seize his phone. Okay. This is...
[01:54:55.420 --> 01:54:58.420]  Turgid, I think is the right word.
[01:54:58.420 --> 01:55:01.420]  Do you know what Turgid means?
[01:55:01.420 --> 01:55:02.420]  Turgid?
[01:55:02.420 --> 01:55:05.420]  Turgid. T-U-R-G-I-D.
[01:55:05.420 --> 01:55:07.420]  Uh, no.
[01:55:07.420 --> 01:55:12.420]  Yeah. That's why it's a good word, because I don't know what this means either.
[01:55:12.420 --> 01:55:13.420]  No.
[01:55:13.420 --> 01:55:22.420]  What it appears is though I could read this and I could create an image in my mind of what occurred.
[01:55:22.420 --> 01:55:27.420]  It may or may not be correct, because I don't have enough information.
[01:55:27.420 --> 01:55:35.420]  You want it so that the image you have in your mind is the image that the reader creates in his mind.
[01:55:35.420 --> 01:55:40.420]  You don't want to tell him that the officer assaulted him.
[01:55:40.420 --> 01:55:51.420]  You want them to conclude that the officer assaulted him by explaining how the officer carried out that duty.
[01:55:51.420 --> 01:55:55.420]  Okay. I won't spend any more time on that. I think I've kind of beat that to death.
[01:55:55.420 --> 01:56:02.420]  So you kind of get an idea of how to write a statement of facts. You just state all the facts first.
[01:56:02.420 --> 01:56:13.420]  And then you state how those facts amounted to the commission of a specific client.
[01:56:13.420 --> 01:56:25.420]  You want to quote the code that you're referring to and then show how the facts above amount to a violation of this particular statute.
[01:56:25.420 --> 01:56:35.420]  And there you can do a full legal brief if you want to. Here you have a number of cases cited.
[01:56:35.420 --> 01:56:38.420]  Be careful how you cite cases.
[01:56:38.420 --> 01:56:44.420]  Case law makes sure that it fits directly with the conclusion you want to bring.
[01:56:44.420 --> 01:56:48.420]  And that shouldn't be hard because you have lots of good case law out there.
[01:56:48.420 --> 01:56:52.420]  A complaint does not have a prayer. You have a prayer in here.
[01:56:52.420 --> 01:56:57.420]  A complaint does not have a prayer at all.
[01:56:57.420 --> 01:57:06.420]  You state a set of facts. Then you state how those facts amount to a violation of a specific statute.
[01:57:06.420 --> 01:57:10.420]  And then you accuse them specifically based on the above.
[01:57:10.420 --> 01:57:14.420]  I charged that here to Ford before the making and filing of this complaint.
[01:57:14.420 --> 01:57:30.420]  I wanted before the fourth day of August 2016 in the county of Rockwell in the state of Texas. Administrator Williams did then and there unlawfully and willfully exert or purport to exert an authority he did not have and in the process not plain and full free access to or adjournment of rights.
[01:57:30.420 --> 01:57:33.420]  That's exactly how it should be written.
[01:57:33.420 --> 01:57:45.420]  So state the facts. State how the facts amount to the violation of an act and then directly accuse the person of violating the act.
[01:57:45.420 --> 01:57:49.420]  And then you've got a good criminal complaint.
[01:57:49.420 --> 01:58:01.420]  Now is all this basically a mute point because he really can't file a criminal complaint because he is not supposed to be filming even though they didn't say turn the phone.
[01:58:01.420 --> 01:58:04.420]  Oh, hold on, hold on.
[01:58:04.420 --> 01:58:10.420]  How do you get to the fact that he's not supposed to be filming?
[01:58:10.420 --> 01:58:13.420]  That's not in your statement.
[01:58:13.420 --> 01:58:24.420]  Did the bailiff give notice that filming was against the law, rule, or regulation?
[01:58:24.420 --> 01:58:26.420]  No.
[01:58:26.420 --> 01:58:35.420]  Is there something posted saying that filming is against the law, rule, or regulation?
[01:58:35.420 --> 01:58:36.420]  No.
[01:58:36.420 --> 01:58:38.420]  Hang on.
[01:58:38.420 --> 01:58:40.420]  You got them big time.
[01:58:40.420 --> 01:58:49.420]  Randy Kelton, World Law Radio, we'll be right back.
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