ROL_2016-09-02_16k_Hr1-2.timecode
[00:00.000 --> 00:07.840] The following newsflash is brought to you by the Lone Star Lowdown, providing your jelly
[00:07.840 --> 00:15.280] bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.280 --> 00:23.280] into the tides of the alternatives.
[00:23.280 --> 00:29.800] Markets for Wednesday, August 31st, 2016, are currently treading with gold at $1,308.64
[00:29.800 --> 00:37.160] an ounce, silver $18.64 an ounce, Texas crude $46.35 a barrel, and Bitcoin is currently
[00:37.160 --> 00:46.360] sitting at about $572 U.S. currency.
[00:46.360 --> 00:52.080] Today in history, the year 1939, Nazi Germany conducts a staged attack on the Gluwitz radio
[00:52.080 --> 00:57.120] station inciting popular opinion into attacking Poland, who they blamed for the incident.
[00:57.120 --> 01:05.600] This false flag led to World War II in Europe the following day, today in history.
[01:05.600 --> 01:10.200] In recent news, Jesse Morton, also known as Yanis Abdullah Mohammed, who worked as a
[01:10.200 --> 01:15.160] U.S.-based recruiter for Al Qaeda, was recently hired by George Washington University in Washington,
[01:15.160 --> 01:16.160] D.C.
[01:16.160 --> 01:20.800] Mr. Morton has reformed his radical ways and could offer great insight into radicalization,
[01:20.800 --> 01:22.360] says Washington University.
[01:22.360 --> 01:26.440] He helped create Revolution Muslim, a New York-based organization that advocated the
[01:26.440 --> 01:31.000] establishment of a traditionalist Islamic state and the downfall of Western imperialism.
[01:31.000 --> 01:35.720] In 2011, Morton was jailed as a result of threats against the creators of South Park
[01:35.720 --> 01:40.120] after the cartoon depicted the Prophet Mohammed in a bear costume, and apparently while in
[01:40.120 --> 01:44.960] prison he had a change of heart, inspired in part by texts written by European Enlightenment
[01:44.960 --> 01:45.960] philosophers.
[01:45.960 --> 01:50.080] His sentence was then reduced from 11 years to less than four and became an informant
[01:50.080 --> 01:51.080] for the FBI.
[01:51.080 --> 01:55.720] After being freed in 2015, he got a job as a research fellow at the Center for Cyber and
[01:55.720 --> 02:03.720] Homeland Security at Washington University.
[02:03.720 --> 02:07.880] And State Department attorneys stated yesterday that they uncovered 30 Benghazi-related emails
[02:07.880 --> 02:11.000] among the records retrieved from Hillary Clinton's private server.
[02:11.000 --> 02:16.080] The emails were among the roughly 15,000 emails FBI agents said they got through her server
[02:16.080 --> 02:18.760] in the course of the year-long investigation surrounding it.
[02:18.760 --> 02:22.680] However, many of the emails were deleted beyond retrieval after the Democratic nominee's
[02:22.680 --> 02:27.400] team used a digital tool called BleachBit to scrub all the hardware that was eventually
[02:27.400 --> 02:29.920] confiscated by law enforcement agents.
[02:29.920 --> 02:34.440] These findings came about via a lawsuit, one of several, filed by Judicial Watch in pursuit
[02:34.440 --> 02:38.240] of records related to Clinton's tenure as Secretary of the State Department.
[02:38.240 --> 02:43.240] The Lone Star Lowdown is currently looking for sponsors.
[02:43.240 --> 02:53.240] If you have a product or service you'd like to advertise with us, feel free to give me
[02:53.240 --> 02:54.240] a call at 210-363-2257.
[02:54.240 --> 03:22.800] This has been the Lone Star Lowdown for August 31, 2016.
[03:24.240 --> 03:37.680] Okay, howdy, howdy, this is Randy Kelton, Wheel of Law Radio, on this the second day
[03:37.680 --> 03:48.320] of September 2016, on this Friday four-hour info marathon.
[03:48.320 --> 03:52.960] And we have phone lines open, we'll have them open all night, our call-in number is
[03:52.960 --> 04:02.320] 512-646-1984, and I'm going to start out talking about an e-book I've been working on for some
[04:02.320 --> 04:05.240] time.
[04:05.240 --> 04:15.080] And I've talked to Michael Badnerich, I may bring him on board, we're looking to start
[04:15.080 --> 04:28.240] doing some seminars for people around the state who are in, who are having legal complications,
[04:28.240 --> 04:36.960] who either can't afford counsel or has good reason not to trust counsel, especially if
[04:36.960 --> 04:42.960] you're in a position to where you have court-appointed counsel.
[04:42.960 --> 04:56.400] And there are issues everyone needs to understand about how the system really works.
[04:56.400 --> 05:04.200] It for the most part does not work the way we tend to think it does.
[05:04.200 --> 05:16.080] And if we're to effectively navigate the legal system, we need to understand how the legal
[05:16.080 --> 05:29.160] system really works, and this e-book is designed to give you a good understanding of how things
[05:29.160 --> 05:33.720] really work in the real world we live in.
[05:33.720 --> 05:41.600] We go to school and we have our civics classes and they tell us all about this great and
[05:41.600 --> 05:46.040] wonderful system that we live in.
[05:46.040 --> 05:55.040] They teach us about all of our inalienable rights, but while you're in that school they
[05:55.040 --> 06:04.520] make sure that you realize that while you may have these rights in some theoretical context,
[06:04.520 --> 06:09.160] while you're in this school don't even think about trying to exercise one of those rights,
[06:09.160 --> 06:15.760] then the whole weight of the system will land right square on your head.
[06:15.760 --> 06:21.320] That goes to this whole notion about how things really work.
[06:21.320 --> 06:30.880] Primarily we have a set of notions about how the system works, and I went through this
[06:30.880 --> 06:35.680] before, but it bears a going through again.
[06:35.680 --> 06:39.760] This is kind of an introduction to the e-book.
[06:39.760 --> 06:49.080] And I start out with some common fallacies that people tend to hold about law.
[06:49.080 --> 06:57.520] And the first one is that the constitution grants citizens certain inalienable rights.
[06:57.520 --> 07:00.960] Well, it does no such thing.
[07:00.960 --> 07:08.000] I've heard people complain that they go into court and they reference the constitution
[07:08.000 --> 07:14.960] and the judge tells them, don't bring the constitution in this court, well he's right.
[07:14.960 --> 07:19.560] For the most part the constitution doesn't belong in the court, the constitution grants
[07:19.560 --> 07:24.520] you no rights that you did not already have.
[07:24.520 --> 07:36.280] All the constitution does is specifically forbids public officials from infringing on
[07:36.280 --> 07:41.080] certain of the rights that you already have.
[07:41.080 --> 07:51.520] It is, if we are to take back this system, it is of critical importance that we fully
[07:51.520 --> 07:55.240] understand this concept.
[07:55.240 --> 07:59.840] The constitution effectively grants us nothing.
[07:59.840 --> 08:04.960] So let me clarify somewhat.
[08:04.960 --> 08:09.400] When I say constitution here, I'm speaking to the bill of rights that's contained in
[08:09.400 --> 08:16.320] the constitution, the constitution establishes how the government is supposed to work.
[08:16.320 --> 08:28.080] And for the most part defines the duties of certain officials, our legislature, our judges
[08:28.080 --> 08:33.240] and the number of different agencies, it for the most part structures the government.
[08:33.240 --> 08:43.160] And then it tells those officials these specific rights that all of the public has, these in
[08:43.160 --> 08:47.440] particular you are not to infringe upon.
[08:47.440 --> 08:52.120] So it doesn't grant you anything you didn't already have.
[08:52.120 --> 09:03.000] It merely makes a specific prohibition against infringement on those rights by public officials.
[09:03.000 --> 09:15.560] The second common fallacy we have about the nature of our legal system is that the system
[09:15.560 --> 09:17.940] is fair.
[09:17.940 --> 09:19.320] The system is no such thing.
[09:19.320 --> 09:20.320] It is not fair.
[09:20.320 --> 09:28.200] It's not designed to be fair, designed to be consistent.
[09:28.200 --> 09:34.200] The law is the legal system are not the ones that create the law.
[09:34.200 --> 09:36.360] The legislature does that.
[09:36.360 --> 09:39.480] The legislature, they're concerned with fairness.
[09:39.480 --> 09:50.960] It is the job of the legislature to craft a corpus juris, a body of law in such a way
[09:50.960 --> 10:02.560] that the judicious application of those laws will generate just adjudication of cases.
[10:02.560 --> 10:06.400] Well, that's the idea.
[10:06.400 --> 10:13.040] So the point is when you go into court, last thing you want is that judge trying to determine
[10:13.040 --> 10:17.920] what he believes is fair and what's not fair.
[10:17.920 --> 10:26.240] And what that is, every judge is going to have a different notion and the notions he
[10:26.240 --> 10:35.080] has about fairness is likely to change every day depending on the mood he's in, depending
[10:35.080 --> 10:46.320] on how he perceives the various litigants, depending on his unstated internal prejudices
[10:46.320 --> 10:48.680] and biases.
[10:48.680 --> 10:53.300] So we don't want the judge trying to determine what's fair.
[10:53.300 --> 11:00.520] We want the judge to determine the facts in accordance with the rules of evidence, then
[11:00.520 --> 11:03.400] apply the laws that comes to him to the facts in the case.
[11:03.400 --> 11:10.200] If he has a notion of fairness, let him take that home to his wife and kids.
[11:10.200 --> 11:14.480] Don't bring it down here and heap it on us.
[11:14.480 --> 11:22.200] Our purpose in the trial court is to set the facts before the court, put the facts on the
[11:22.200 --> 11:31.200] record and we have a code called the rules of evidence to tell you how to do that.
[11:31.200 --> 11:36.840] Anyone who is in court, whether they're representing themselves or being represented by a lawyer,
[11:36.840 --> 11:39.760] you should read the rules of evidence.
[11:39.760 --> 11:47.600] It's not a very big read, so there aren't that many restrictions on how you get evidence
[11:47.600 --> 11:52.960] before the court, but you should read the rules of evidence or just breeze through them
[11:52.960 --> 11:59.880] quickly and then you have a good idea of how to get the facts on the record.
[11:59.880 --> 12:10.480] Then you want to bring to the court case law, statute and case law that are relative to
[12:10.480 --> 12:17.640] the facts so that when the judge determines the facts in accordance with the rules of
[12:17.640 --> 12:23.360] evidence that applies the law as it comes to him to the facts in the case, he will come
[12:23.360 --> 12:27.680] to the conclusion that you want him to come to.
[12:27.680 --> 12:35.120] It is important that when we step in the courtroom, we understand we are not here to appeal to
[12:35.120 --> 12:37.800] the caprice of that judge.
[12:37.800 --> 12:44.760] We're just here to get the facts on the record and Dr. Graves in Juris Dictionary, he'll
[12:44.760 --> 12:45.760] tell you that.
[12:45.760 --> 12:50.800] He'll tell you don't expect to win in the trial court.
[12:50.800 --> 12:54.280] Court of appeals is where the action is and the reason the court of appeals is where the
[12:54.280 --> 13:05.560] action is, is it is the job of the court of appeals to so adjudicate cases that are appealed
[13:05.560 --> 13:19.520] to them such that they apply the law in a way that leads to judicious outcomes.
[13:19.520 --> 13:21.400] I'm sorry, I didn't really say that right.
[13:21.400 --> 13:29.440] They apply the law the way the legislature intended and it was the intent of the legislature
[13:29.440 --> 13:36.040] that the law generates judicious outcomes.
[13:36.040 --> 13:49.600] It's important that the court of appeals render rulings that are in paramateria with the corpus
[13:49.600 --> 13:57.640] juris but that I mean they have to look at the whole body of law and look at how this
[13:57.640 --> 14:06.760] decision fits within the scope of the whole body of law because if they render a bad ruling
[14:06.760 --> 14:14.480] just to screw this client, then every other judge in Texas can take that ruling and use
[14:14.480 --> 14:21.640] it to screw their clients with or other clients with so it will destabilize the legal system
[14:21.640 --> 14:28.560] so the court of appeals has to be really careful in the kinds of rulings that they issue.
[14:28.560 --> 14:31.400] That's why the court of appeals is where the action is.
[14:31.400 --> 14:33.200] That's where you'll get your good rulings.
[14:33.200 --> 14:40.920] You may have a judge who's in a bad mood today or happens not like you or has some personal
[14:40.920 --> 14:44.640] prejudice that he brings to the court.
[14:44.640 --> 14:51.680] The court of appeals is where you handle that and these guys, they're there to make sure
[14:51.680 --> 14:53.880] the law works well for everybody.
[14:53.880 --> 15:02.160] Okay so, system's not fair and this also goes to the fact that you never expect to win at
[15:02.160 --> 15:06.240] the trial court.
[15:06.240 --> 15:15.600] Okay and the next one is that English is spoken in court.
[15:15.600 --> 15:17.120] English is not spoken in court.
[15:17.120 --> 15:25.560] What's spoken in court is an English dialect called legalese and if you're going to go
[15:25.560 --> 15:36.160] to court you have to learn to be extremely careful about the meanings of terms.
[15:36.160 --> 15:44.840] You can't always tell when a term is being used in a context that's not in keeping with
[15:44.840 --> 15:48.680] the common meanings of terms.
[15:48.680 --> 15:56.840] If at any time when you're in court and a lawyer uses a word and you can't define it
[15:56.840 --> 16:02.440] or at least you can't effectively define what he means by it in this context, you need to
[16:02.440 --> 16:10.120] stop the court and ask him to define the term because they're not speaking English.
[16:10.120 --> 16:16.520] Now the law requires them to speak English but in fact they speak this English dialect
[16:16.520 --> 16:27.920] we call legalese and what they're saying is not necessarily what you're hearing as a non-lawyer.
[16:27.920 --> 16:36.400] And the last one I'm going to address today is if you're going to court you think you
[16:36.400 --> 16:41.000] have a lot of time but we're about to go to break so I'll get to this on the other side
[16:41.000 --> 16:43.640] and then I'll start taking calls.
[16:43.640 --> 16:50.840] This is Randy Kelton, Rue La Radio, our call in number 512-646-1984, we have a cup of callers
[16:50.840 --> 16:51.840] on the board.
[16:51.840 --> 17:00.600] I'll finish up quickly on the other side and we'll go to call so we'll be right back.
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[19:18.200 --> 19:22.720] Okay we are back, we're here to talk on the radio and there's one other thing we wanted
[19:22.720 --> 19:28.040] to talk about briefly before we go to the callers, is your lawyer.
[19:28.040 --> 19:29.040] You hire a lawyer.
[19:29.040 --> 19:38.000] We watch all these TV programs about lawyers and corporates and trials and you get the
[19:38.000 --> 19:42.880] impression that your lawyer is on your side.
[19:42.880 --> 19:45.600] He is no such thing.
[19:45.600 --> 19:48.480] Your lawyer is on your lawyer's side.
[19:48.480 --> 19:52.800] Your lawyer is in business and is in business to make money.
[19:52.800 --> 20:02.360] To the lawyer, you merely are a source of income and the lawyer has a lot of influences
[20:02.360 --> 20:07.560] that he's not working on him that he's never going to tell you about.
[20:07.560 --> 20:14.240] One first off has to make money and the more efficiently he can operate his business, the
[20:14.240 --> 20:18.320] more money he can make.
[20:18.320 --> 20:25.960] What that winds up doing is putting lawyers in a position to where primarily what they
[20:25.960 --> 20:30.000] do is get retainers.
[20:30.000 --> 20:32.760] That's what they want from a client is a retainer.
[20:32.760 --> 20:38.520] This is how they make their money for the most part except for some of the higher level
[20:38.520 --> 20:40.160] specialists.
[20:40.160 --> 20:43.320] The ordinary run-of-the-mill lawyer makes his money with a retainer.
[20:43.320 --> 20:47.440] He gets a retainer from you and he's going to feed you a lot of song and dance and sells
[20:47.440 --> 20:48.440] her down your pants.
[20:48.440 --> 20:49.440] Oh yeah, absolutely.
[20:49.440 --> 20:52.920] We can win this case, not a problem.
[20:52.920 --> 20:56.440] Everything is in your favor, blah, blah, blah.
[20:56.440 --> 21:01.920] He's going to feed you this garbage until he gets your retainer.
[21:01.920 --> 21:10.720] Once he gets your retainer, now he has in his records a set of motions and pleadings
[21:10.720 --> 21:12.640] that he files in every case.
[21:12.640 --> 21:17.280] Got them all worked out, got them all filled out.
[21:17.280 --> 21:23.320] And all he does is pull them up and change the pertinent details for your particular
[21:23.320 --> 21:24.320] case.
[21:24.320 --> 21:33.120] And with the software tools we have available today, 90% of that will automatically merge
[21:33.120 --> 21:34.120] into the motion.
[21:34.120 --> 21:38.760] So all he has to do is open it up and all this information merges in.
[21:38.760 --> 21:41.240] And then he files it with the court.
[21:41.240 --> 21:48.320] The opposing counsel gets this motion they've seen a hundred times and he pulls up his automated
[21:48.320 --> 21:50.240] answer and files it up with the court.
[21:50.240 --> 21:58.040] And this is what Dr. Graves refers to as that flurry of motions at the beginning of the
[21:58.040 --> 21:59.040] case.
[21:59.040 --> 22:07.000] These are these two lawyers using up their client's retainer and they're using up that
[22:07.000 --> 22:13.360] retainer charging them for the creation of documents they've already created and had
[22:13.360 --> 22:20.080] created for a long time and they keep selling them over and over to new clients.
[22:20.080 --> 22:28.720] Once they run out of those motions, once they finish all the preliminaries in the case,
[22:28.720 --> 22:33.800] now they get to the place where the lawyer actually has to go out and start doing research
[22:33.800 --> 22:45.920] and start finding cases that suit your particular situation and formulate legal arguments that
[22:45.920 --> 22:53.440] are not the standard everyday run of the mill legal arguments and lawyers hate to do that.
[22:53.440 --> 23:00.280] The reason they hate to do that is when a lawyer files a motion or pleading or brief
[23:00.280 --> 23:07.080] with the court, unlike you, he can't make mistakes.
[23:07.080 --> 23:16.200] He's learned counsel and as learned counsel, he doesn't get to cite bad law.
[23:16.200 --> 23:23.080] He doesn't get to make legal arguments that have already been ruled against in other cases.
[23:23.080 --> 23:32.920] He has to know all the surrounding law so that he doesn't ask the judge to adjudicate
[23:32.920 --> 23:34.760] something that's already been adjudicated.
[23:34.760 --> 23:44.040] That'll get him sanctioned and while judges really seldom sanction a lawyer, they do sanction
[23:44.040 --> 23:51.560] him on occasion and a judge can sanction a lawyer just about anything he wants to.
[23:51.560 --> 23:55.480] He can pull the lawyer's bar card.
[23:55.480 --> 24:01.000] Lawyers go into court literally dangling by their bar cards, so they're terrified of
[24:01.000 --> 24:03.680] annoying that judge.
[24:03.680 --> 24:13.840] Do you really think that your lawyer would risk annoying the judge by actively adjudicating
[24:13.840 --> 24:23.400] all of the issues in your case if the issues are not issues that he handles in every single
[24:23.400 --> 24:24.400] case?
[24:24.400 --> 24:31.360] He's not going to risk annoying the judge at him, but the judge may not hammer him in
[24:31.360 --> 24:34.200] this case, but he'll pay him back in the next one.
[24:34.200 --> 24:40.480] Well, the lawyers, you're not the only client he's going to bring before this court, so
[24:40.480 --> 24:48.560] he owes it to his other clients not to prejudice the judge against him and get the judge to
[24:48.560 --> 24:53.080] rule against his clients because he's upset at the lawyer.
[24:53.080 --> 24:57.440] So lawyers are in a different position.
[24:57.440 --> 25:04.400] Lawyers are not going to actively adjudicate your case unless you understand the situation
[25:04.400 --> 25:07.120] that they're in.
[25:07.120 --> 25:13.120] Once you understand the position you're in, you have a way to give the lawyer what we
[25:13.120 --> 25:15.480] call plausible deniability.
[25:15.480 --> 25:24.280] When a lawyer goes into court and he argues one of his issues or an issue that he's bringing,
[25:24.280 --> 25:29.560] he just tells the court, this is the case, these are the facts, this is the law.
[25:29.560 --> 25:33.240] But they have this signaling system.
[25:33.240 --> 25:42.080] If the lawyer steps up before the court and says, your honor, my client says, that's a
[25:42.080 --> 25:48.400] communication to the judge telling the judge, I'm sorry, I have to bring this issue, but
[25:48.400 --> 25:53.280] my client is making me, he's going to kick my behind if I don't, so don't get mad at
[25:53.280 --> 25:56.320] me for it.
[25:56.320 --> 26:01.200] This is how you get your lawyer to actually do his job and in getting your lawyer to do
[26:01.200 --> 26:04.560] his job, you have to understand you don't have to be buddies with your lawyer.
[26:04.560 --> 26:09.600] The lawyer is going to try to be your buddy and he wants you on his side because he doesn't
[26:09.600 --> 26:11.640] want you kicking him around.
[26:11.640 --> 26:15.800] He's going to use up your retainer and then he's going to want to drop you like a hot
[26:15.800 --> 26:16.800] rock.
[26:16.800 --> 26:21.120] He's going to come back and then he's going to tell you all the problems he's having with
[26:21.120 --> 26:28.400] the case and you got this issue, you got that issue, I need another retainer and this time
[26:28.400 --> 26:35.320] he's going to ask for a really big one because he doesn't want you to give it to him.
[26:35.320 --> 26:40.920] He wants you to drop it because he's at the point in the case he doesn't want to litigate
[26:40.920 --> 26:41.920] it further.
[26:41.920 --> 26:46.500] So he doesn't want that big retainer, he tells you the big retainer to get you to go away
[26:46.500 --> 26:53.120] so he can go out and get another retainer and start sending out his standard motions.
[26:53.120 --> 26:59.920] That's how he makes his money, makes his money getting retainers because that's something
[26:59.920 --> 27:05.640] he can get the money, bail out the money and not have to spend any time doing it.
[27:05.640 --> 27:13.000] So you need to understand that and the way you give the lawyer plausible deniability
[27:13.000 --> 27:19.040] is by understanding that when you step into court, it's like you're sitting at a four
[27:19.040 --> 27:26.360] sided chess board, everything's political, it's all about relationships.
[27:26.360 --> 27:31.320] You have a relationship with your lawyer, you sit down at the table, your lawyer sit
[27:31.320 --> 27:37.240] into your right opposing counsel to your left and the judge is across from you.
[27:37.240 --> 27:42.440] You have a relationship with your lawyer, your lawyer has a relationship with opposing
[27:42.440 --> 27:47.840] counsel and with the judge because they see each other all the time in court.
[27:47.840 --> 27:52.160] Sometimes they're against each other, sometimes they're on the same side, they bring clients
[27:52.160 --> 27:54.180] in all the time.
[27:54.180 --> 27:58.920] So they all have a relationship, you're the odd one out.
[27:58.920 --> 28:05.280] So if you're going to have a chance of winning your case, you need to get into that political
[28:05.280 --> 28:06.280] relationships.
[28:06.280 --> 28:16.720] So the way you do that is unfortunately kick your lawyer in his professional teeth, put
[28:16.720 --> 28:21.400] your lawyer in a position to where he has to go to the court and say, your honor, I
[28:21.400 --> 28:24.760] have an unruly client here.
[28:24.760 --> 28:30.880] This client's going to kick my behind if I don't do this.
[28:30.880 --> 28:34.440] So help me out here.
[28:34.440 --> 28:37.480] We make up for it on the next client.
[28:37.480 --> 28:44.280] So you use your lawyer's relationship with the judge and opposing counsel in order to
[28:44.280 --> 28:50.400] get concessions so that you don't get his bar card jerked because you're more dangerous
[28:50.400 --> 28:52.560] to him than the judges.
[28:52.560 --> 28:57.080] You start bar grieving that lawyer, you can put him out of business really quickly.
[28:57.080 --> 29:01.840] Okay, the call boards are filling up so I'm not going to spend much more time on this
[29:01.840 --> 29:03.480] now.
[29:03.480 --> 29:11.240] Pretty soon I expect to have the ebook ready and we're going to start selling it on the
[29:11.240 --> 29:15.160] rule of law radio to help kind of support the network.
[29:15.160 --> 29:20.840] So if all this sounds interesting, there's a whole lot more then when we get that thing
[29:20.840 --> 29:30.400] up, buy it, read it, read it two or three times, then when you go into court, you will
[29:30.400 --> 29:31.400] be ready.
[29:31.400 --> 29:32.400] Okay.
[29:32.400 --> 29:38.040] We're about to go to break and when I come back, we're going to go to Don and the Mexico.
[29:38.040 --> 29:44.520] This is Randy Kelton, rule of law radio, our call in number 512-646-1984.
[29:44.520 --> 29:53.480] This is September the 2nd, 2016, we'll be taking your calls all night so give us a call.
[29:53.480 --> 29:58.440] It gets busy later on so if you have a question or comment, call in early, we'll be right
[29:58.440 --> 29:59.440] back.
[29:59.440 --> 30:07.400] If you shop online, chances are a vendor is sizing you up and setting prices according
[30:07.400 --> 30:08.880] to what they think you'll pay.
[30:08.880 --> 30:13.120] I'm Dr. Catherine Albrecht and I'll be back in a moment with some tips to protect yourself
[30:13.120 --> 30:15.800] from discriminatory pricing.
[30:15.800 --> 30:17.560] Privacy is under attack.
[30:17.560 --> 30:21.960] When you give up data about yourself, you'll never get it back again and once your privacy
[30:21.960 --> 30:26.160] is gone, you'll find your freedoms will start to vanish too.
[30:26.160 --> 30:31.800] So protect your rights, say no to surveillance and keep your information to yourself.
[30:31.800 --> 30:33.920] Privacy, it's worth hanging on to.
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[30:55.800 --> 31:00.560] Capital One Bank reportedly charges higher interest rates to Firefox users and Amazon
[31:00.560 --> 31:06.080] got caught raising prices based on buyer cookies, code stored on people's computer that linked
[31:06.080 --> 31:07.080] to their purchase history.
[31:07.080 --> 31:10.600] While this is infuriating, it's perfectly legal.
[31:10.600 --> 31:15.160] Your best defense is to delete cookies, shop around for the best price, make notes and
[31:15.160 --> 31:16.800] take your sweet time.
[31:16.800 --> 31:20.240] And before you make a large purchase, you may want to have someone else check the deal
[31:20.240 --> 31:22.280] using a different computer and browser.
[31:22.280 --> 31:30.720] I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
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[31:59.800 --> 32:05.120] Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:05.120 --> 32:07.480] In today's America, we live in an us against them society.
[32:07.480 --> 32:10.720] If we the people are ever going to have a free society, then we're going to have to
[32:10.720 --> 32:12.440] stand and defend our own rights.
[32:12.440 --> 32:16.040] Among those rights are the right to travel freely from place to place, the right to act
[32:16.040 --> 32:20.080] in our own private capacity and most importantly, the right to due process of law.
[32:20.080 --> 32:24.360] The courts afford us the least expensive opportunity to learn how to enforce and preserve our rights
[32:24.360 --> 32:25.360] through due process.
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[32:29.320 --> 32:33.080] most comprehensive teaching tool available that will help you understand what due process
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[32:44.280 --> 32:49.000] Versus the Lie, video and audio of the original 2009 seminar, hundreds of research documents
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[33:24.880 --> 33:25.880] Okay.
[33:25.880 --> 33:26.880] Okay.
[33:26.880 --> 33:27.880] We are back.
[33:27.880 --> 33:35.680] Randy Kelkin, Rule of Law Radio and we're going to Don in New Mexico.
[33:35.680 --> 33:36.680] Hello, Don.
[33:36.680 --> 33:38.680] What do you have for us today?
[33:38.680 --> 33:39.680] Hey, Randy.
[33:39.680 --> 33:40.680] How are you?
[33:40.680 --> 33:41.680] I'm good.
[33:41.680 --> 33:42.680] I don't care what everybody says.
[33:42.680 --> 33:43.680] There you go.
[33:43.680 --> 33:52.680] I talked to you a couple of weeks ago about an IRS employee that was giving me half holes
[33:52.680 --> 33:57.280] and we talked about filing criminal complaints with the grand jury.
[33:57.280 --> 33:59.280] Do you remember that conversation?
[33:59.280 --> 34:01.280] Yes, I do.
[34:01.280 --> 34:02.280] All right.
[34:02.280 --> 34:11.280] Well, since then I have spent my time trying to identify supervisors and the IRS official
[34:11.280 --> 34:14.280] that runs the Albuquerque office.
[34:14.280 --> 34:22.280] I'm running into a big wall of violence because nobody wants to tell me who those people are.
[34:22.280 --> 34:24.280] I've got a letter out to a congressman.
[34:24.280 --> 34:27.280] I've got a letter to the secretary of the treasury.
[34:27.280 --> 34:32.280] I've got a letter to the little IRS agent that's been bothering me.
[34:32.280 --> 34:37.280] I did a FOIA request and we'll see what we get back from those four things.
[34:37.280 --> 34:38.280] Okay.
[34:38.280 --> 34:39.280] Good.
[34:39.280 --> 34:46.280] This is good because when you start that kind of thing, your little IRS agent is going to
[34:46.280 --> 34:54.280] look around and say, uh-oh, this guy's beginning to work the system.
[34:54.280 --> 34:57.280] You've got to know they've seen it before.
[34:57.280 --> 35:02.280] I definitely want him to think that because I have a rental house that's sitting empty
[35:02.280 --> 35:08.280] right now and I don't feel I can justify renting it to someone if he's going to be
[35:08.280 --> 35:12.280] knocking on their door and terrorizing them.
[35:12.280 --> 35:16.280] So now the house is empty.
[35:16.280 --> 35:17.280] Have you...
[35:17.280 --> 35:18.280] Okay.
[35:18.280 --> 35:25.280] I started to ask if you had sent a tort letter, but it's probably too soon.
[35:25.280 --> 35:32.280] Have you gotten a copy of the IRS manual?
[35:32.280 --> 35:33.280] I did.
[35:33.280 --> 35:37.280] There's a very long line and I have that.
[35:37.280 --> 35:47.280] Okay. You need to look into the section on enforcement as it relates to the individual
[35:47.280 --> 35:49.280] agents doing the enforcement.
[35:49.280 --> 35:55.280] You'll be surprised at the restrictions on them and you'll also be surprised at how
[35:55.280 --> 35:59.280] many of them they violate.
[35:59.280 --> 36:07.280] Now, in the process of doing this, I suggest you be very circumspect.
[36:07.280 --> 36:22.280] It is a common pattern or practice in this culture to let somebody know when they're
[36:22.280 --> 36:25.280] doing you wrong.
[36:25.280 --> 36:29.280] You see it's called notice and opportunity.
[36:29.280 --> 36:37.280] Well, we don't really want to overuse that notice and opportunity.
[36:37.280 --> 36:43.280] Here, I have a rule, never interfere with someone when they're screwing up.
[36:43.280 --> 36:44.280] Right.
[36:44.280 --> 36:45.280] Yeah.
[36:45.280 --> 36:50.280] Once you start finding out what he's doing wrong, don't tell him.
[36:50.280 --> 36:51.280] Why not?
[36:51.280 --> 36:52.280] That's for sure.
[36:52.280 --> 37:01.280] Because he's presumed to already know everything that's in that manual.
[37:01.280 --> 37:08.280] You just keep pushing for his boss, his boss, his boss.
[37:08.280 --> 37:18.280] In the process that they're likely to violate, keep a record of this, keep a log so that
[37:18.280 --> 37:24.280] as you begin to turn the heat up on them, like you filed the FOIA and they don't respond
[37:24.280 --> 37:30.280] to the FOIA, and then you file against them for not responding to the FOIA.
[37:30.280 --> 37:38.280] As you move up the ladder, the court is going to have one primary issue.
[37:38.280 --> 37:44.280] The court does not want you to use the court as the remedy of first resort.
[37:44.280 --> 37:50.280] They want you to use the court as the remedy of last resort.
[37:50.280 --> 37:54.280] So what have you done to satisfy this before you got here?
[37:54.280 --> 37:59.280] You have to say, well, I did this, I did this, I did this, I did this.
[37:59.280 --> 38:01.280] Anything they come up with, did you try this?
[38:01.280 --> 38:02.280] Yeah, I did that.
[38:02.280 --> 38:05.280] Yes, I did this.
[38:05.280 --> 38:13.280] Then the officials that you're doing this to, once they realize what you're doing to
[38:13.280 --> 38:17.280] them, now you become very dangerous to them.
[38:17.280 --> 38:23.280] But you become dangerous to them in a professional way.
[38:23.280 --> 38:26.280] I do this, I do this all the time.
[38:26.280 --> 38:31.280] And I don't have officials coming after me.
[38:31.280 --> 38:34.280] They want away from me.
[38:34.280 --> 38:43.280] They don't want to retaliate against me because it's their opinion that I want them
[38:43.280 --> 38:46.280] to try to retaliate against me.
[38:46.280 --> 38:49.280] Sorry, sorry, kick them for that.
[38:49.280 --> 38:53.280] My favorite thing is to have a bailiff give me a warning.
[38:53.280 --> 38:56.280] Oh, Mr. Kelton, you really need to be careful.
[38:56.280 --> 38:59.280] You can get in a lot of trouble.
[38:59.280 --> 39:02.280] 911.
[39:02.280 --> 39:10.280] And he's standing there confused, not understanding why I called 911.
[39:10.280 --> 39:16.280] And he doesn't understand until he hears me explain it to the dispatcher that I'm here
[39:16.280 --> 39:22.280] trying to adjudicate a case and I was just threatened by a man with a gun.
[39:22.280 --> 39:26.280] And he's going to say, well, I didn't threaten you.
[39:26.280 --> 39:32.280] And you're going to say, well, that's how I took your comment.
[39:32.280 --> 39:34.280] Of course.
[39:34.280 --> 39:40.280] And in law, you take him as you find them.
[39:40.280 --> 39:48.280] If I happen to come to the court and I am a paranoid schizophrenic,
[39:48.280 --> 39:52.280] that bailiff has to take me the way he finds me.
[39:52.280 --> 39:56.280] So if he says something and it absolutely terrifies me,
[39:56.280 --> 39:59.280] he should have kept his mouth shut.
[39:59.280 --> 40:01.280] Well, that brings up another question.
[40:01.280 --> 40:04.280] The other night you were talking about recording devices.
[40:04.280 --> 40:10.280] So when you walk into the federal district court or state district court,
[40:10.280 --> 40:14.280] wherever you are, do they let you in with recording devices?
[40:14.280 --> 40:16.280] They let you through security?
[40:16.280 --> 40:19.280] If they don't know what they are.
[40:19.280 --> 40:25.280] So do you mind sharing what brand of recording devices you like to use?
[40:25.280 --> 40:26.280] Well, you can go on eBay.
[40:26.280 --> 40:29.280] They've got these really cool pens.
[40:29.280 --> 40:34.280] I was talking to my sheriff one day and I told him,
[40:34.280 --> 40:41.280] Sheriff, I'm an old combat veteran and I don't hear so well anymore.
[40:41.280 --> 40:47.280] Will you look and speak clearly into my pen, please?
[40:47.280 --> 40:51.280] The look on his face was absolutely priceless.
[40:51.280 --> 40:56.280] I didn't have a pen in my pocket.
[40:56.280 --> 41:02.280] But I did have my press pass tag hanging on my shirt
[41:02.280 --> 41:14.280] and I had a flash drive with Velcro on it stuck to that ID tag.
[41:14.280 --> 41:15.280] Right.
[41:15.280 --> 41:19.280] Except it wasn't just a flash drive.
[41:19.280 --> 41:23.280] It was also a voice recorder.
[41:23.280 --> 41:31.280] And inside that ID tag, I had an MP3 player with voice record on it.
[41:31.280 --> 41:35.280] They do really good.
[41:35.280 --> 41:40.280] And these guys, to see an MP3 player and you got your little headset on,
[41:40.280 --> 41:42.280] they don't take anything of that.
[41:42.280 --> 41:43.280] Right.
[41:43.280 --> 41:45.280] You get one with voice record.
[41:45.280 --> 41:48.280] They tend to do really good.
[41:48.280 --> 41:49.280] Okay.
[41:49.280 --> 41:53.280] You can be bristling with them.
[41:53.280 --> 41:58.280] I have my keys also hanging on it, my car keys, so I didn't lose it.
[41:58.280 --> 42:06.280] But I don't drive a BMW.
[42:06.280 --> 42:14.280] I got cuffed for 10 minutes, two or three weeks ago at the Hayes County Court
[42:14.280 --> 42:16.280] in Mansfield, Texas.
[42:16.280 --> 42:21.280] He asked me if I was recording the court and I said, yes, I am.
[42:21.280 --> 42:25.280] Velis cuffed me and took me out of the court.
[42:25.280 --> 42:28.280] And Velis said, Mr. Calder, do you have a recorder on you?
[42:28.280 --> 42:34.280] I said, well, I got this one and I pulled off the flash drive.
[42:34.280 --> 42:37.280] Oh, yeah, I got this one too.
[42:37.280 --> 42:43.280] I take the MP3 player out and he's standing there looking at me.
[42:43.280 --> 42:45.280] Oh, well, there's just one more.
[42:45.280 --> 42:47.280] Here's my BMW keys.
[42:47.280 --> 42:49.280] I need to turn that one off too.
[42:49.280 --> 42:50.280] He's just stuck.
[42:50.280 --> 42:54.280] He said, I don't believe this guy.
[42:54.280 --> 42:55.280] That was so much fun.
[42:55.280 --> 43:06.280] Yeah, okay, just go on eBay and do a search for spy recorder.
[43:06.280 --> 43:11.280] You will get little button recorder videos.
[43:11.280 --> 43:17.280] You use the button in place of your button on your suit,
[43:17.280 --> 43:21.280] like where you got a suit where all of the buttons don't button.
[43:21.280 --> 43:25.280] Usually you leave some open where you stick that in one of them.
[43:25.280 --> 43:26.280] Okay.
[43:26.280 --> 43:29.280] Oh, you can drop them in your pocket.
[43:29.280 --> 43:32.280] You've got pins, you've got flash drives.
[43:32.280 --> 43:35.280] I didn't realize they'd gotten so small, so that's awesome.
[43:35.280 --> 43:38.280] Yeah, they just can't stop you.
[43:38.280 --> 43:43.280] And you can set, you've got spyware you can put on your phone
[43:43.280 --> 43:48.280] that it looks like it's turned off, but it's really live streaming.
[43:48.280 --> 43:51.280] There's nothing they can do to stop you.
[43:51.280 --> 43:55.280] And when I come back, I want to talk about the remedy.
[43:55.280 --> 43:57.280] You know, what's the remedy?
[43:57.280 --> 43:59.280] We'll be right back.
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[45:01.280 --> 45:04.280] Are you the plaintiff or defendant in a lawsuit?
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[45:56.280 --> 46:02.280] or call toll-free, 866-LAW-EZ.
[46:02.280 --> 46:25.280] Music
[46:25.280 --> 46:27.280] Okay, we are back.
[46:27.280 --> 46:29.280] Randy Kelton, Rule of Law Radio.
[46:29.280 --> 46:32.280] We're talking to Don in New Mexico.
[46:32.280 --> 46:38.280] So, Don, what have you done up to this point?
[46:38.280 --> 46:40.280] Well, I've sent out some letters, like I said.
[46:40.280 --> 46:45.280] I've done some things to try to find out who the supervisors are.
[46:45.280 --> 46:51.280] I've had no luck finding out who the grand jury foreman is.
[46:51.280 --> 46:55.280] They've gone underground.
[46:55.280 --> 47:00.280] There's the Open Government Initiative, which started in 2009,
[47:00.280 --> 47:04.280] which apparently is when they started putting everything kind of behind a wall
[47:04.280 --> 47:06.280] to make sure we couldn't find it.
[47:06.280 --> 47:11.280] All grand jury foreman signatures are blank on all the documents
[47:11.280 --> 47:14.280] that you can look at on PACER.
[47:14.280 --> 47:18.280] And so I've made no progress in there,
[47:18.280 --> 47:22.280] but I've got some questions for you about that.
[47:22.280 --> 47:26.280] You suggested that I go down to the Federal District Court
[47:26.280 --> 47:31.280] and get a copy of a case on paper, right?
[47:31.280 --> 47:33.280] They'll make me a copy?
[47:33.280 --> 47:36.280] No, ask to see...
[47:36.280 --> 47:37.280] Oh, that's right.
[47:37.280 --> 47:39.280] Everything is electronic now.
[47:39.280 --> 47:40.280] Okay.
[47:40.280 --> 47:49.280] So ask the clerk to provide you access to the actual documents.
[47:49.280 --> 47:59.280] There has to be a signed document, a signed indictment.
[47:59.280 --> 48:00.280] Right.
[48:00.280 --> 48:04.280] On PACER, the only signatures are with the U.S., the assisted U.S. attorneys.
[48:04.280 --> 48:08.280] Those signatures are there, but when it comes to the grand jury foreman,
[48:08.280 --> 48:11.280] those are blank.
[48:11.280 --> 48:12.280] Okay.
[48:12.280 --> 48:15.280] So I'm looking for copies on...
[48:15.280 --> 48:19.280] This is an interesting conundrum.
[48:19.280 --> 48:28.280] Since they've gone to electronics, you might...
[48:28.280 --> 48:29.280] Okay.
[48:29.280 --> 48:35.280] Let's start looking at the finances.
[48:35.280 --> 48:39.280] That's where their Achilles heel is.
[48:39.280 --> 48:40.280] I'm sorry.
[48:40.280 --> 48:41.280] Can you say that one more time?
[48:41.280 --> 48:46.280] Okay, their Achilles heel lies in financing.
[48:46.280 --> 48:47.280] Finance, okay.
[48:47.280 --> 48:50.280] Where they spend their money.
[48:50.280 --> 49:05.280] You want to see all of the vouchers by grand jury court reporters
[49:05.280 --> 49:10.280] for a given period of time.
[49:10.280 --> 49:11.280] You want to...
[49:11.280 --> 49:17.280] Because every grand jury hearing has to be recorded.
[49:17.280 --> 49:18.280] Okay.
[49:18.280 --> 49:21.280] And there has to be a court reporter to do the recording.
[49:21.280 --> 49:24.280] And they have court reporters that bid for that job.
[49:24.280 --> 49:27.280] So you want to see their vouchers.
[49:27.280 --> 49:30.280] You want to see the billings they give the court.
[49:30.280 --> 49:37.280] So that's going to tell you when they hold grand jury hearings.
[49:37.280 --> 49:40.280] And then you want to see...
[49:40.280 --> 49:48.280] You want to know who produces rubber stamps for the court
[49:48.280 --> 49:53.280] and the district attorney's office or the US attorney's office.
[49:53.280 --> 50:01.280] You want a list of all of the stamps that have been created for them.
[50:01.280 --> 50:07.280] You know why you're asking that question.
[50:07.280 --> 50:11.280] You ask that because you want to see where they created a rubber stamp
[50:11.280 --> 50:14.280] for the grand jury former.
[50:14.280 --> 50:16.280] Is this a FOIA request or is it a...
[50:16.280 --> 50:18.280] A FOIA request.
[50:18.280 --> 50:19.280] This is all financing.
[50:19.280 --> 50:22.280] They can't hide the finances.
[50:22.280 --> 50:23.280] So this is a FOIA request.
[50:23.280 --> 50:26.280] Do I send it directly to the federal district court?
[50:26.280 --> 50:32.280] You send it to whoever would be the custodian of the record for the finances,
[50:32.280 --> 50:35.280] probably the comptroller.
[50:35.280 --> 50:36.280] Okay.
[50:36.280 --> 50:39.280] I'm not sure what he'd be called.
[50:39.280 --> 50:42.280] Most likely the comptroller of public accounts.
[50:42.280 --> 50:43.280] Okay.
[50:43.280 --> 50:46.280] Or GSA.
[50:46.280 --> 50:49.280] The GSA is the one that buys everything.
[50:49.280 --> 50:53.280] And you want to know what they've been buying.
[50:53.280 --> 50:57.280] GSA pays everybody, so this doesn't have anything to do with the courts.
[50:57.280 --> 51:01.280] This has to do with how our tax money is being spent.
[51:01.280 --> 51:04.280] Right.
[51:04.280 --> 51:08.280] They're going to find out that you're digging there.
[51:08.280 --> 51:09.280] Okay.
[51:09.280 --> 51:12.280] And then they're going to get real excited.
[51:12.280 --> 51:18.280] The main thing we want to do or the question that the issue we're having here
[51:18.280 --> 51:25.280] and the fact that grand jury, the indictments that we can see don't have grand jury
[51:25.280 --> 51:30.280] signatures on them, that becomes a big deal.
[51:30.280 --> 51:32.280] I think so, yeah.
[51:32.280 --> 51:36.280] That means there is no indictment.
[51:36.280 --> 51:40.280] If there's no signature, there's no indictment.
[51:40.280 --> 51:46.280] Either there is an indictment or someone is tampered with government records.
[51:46.280 --> 51:49.280] As someone is tampered with government records,
[51:49.280 --> 52:00.280] we want to see the statutory authority to withhold an indictment
[52:00.280 --> 52:08.280] because a copy of an indictment without a signature is not an indictment.
[52:08.280 --> 52:11.280] So would you suggest going down and talking to the court clerk
[52:11.280 --> 52:15.280] and asking for an actual copy of?
[52:15.280 --> 52:18.280] No, do everything in writing.
[52:18.280 --> 52:20.280] Do everything in writing, okay.
[52:20.280 --> 52:22.280] Can I do that in writing with the court clerk?
[52:22.280 --> 52:23.280] Yes.
[52:23.280 --> 52:25.280] So I looked it up on Pacer.
[52:25.280 --> 52:30.280] I'm finding this indictment is not signed by the grand jury foreman.
[52:30.280 --> 52:32.280] I need a copy of that that is.
[52:32.280 --> 52:33.280] No, don't.
[52:33.280 --> 52:34.280] No, don't say that.
[52:34.280 --> 52:37.280] Say you want a copy of the indictment.
[52:37.280 --> 52:38.280] Okay.
[52:38.280 --> 52:46.280] If they send you one that's not signed, then either the clerk tampered
[52:46.280 --> 52:52.280] with a government document or there is no signed indictment.
[52:52.280 --> 52:58.280] So that gives you reasonable probable cause to believe that there never was
[52:58.280 --> 53:09.280] an indictment that the U.S. attorney has eliminated the grand jury altogether
[53:09.280 --> 53:16.280] and is publishing the indictments himself without presenting them to the grand jury.
[53:16.280 --> 53:20.280] Okay.
[53:20.280 --> 53:24.280] That's why we want to, you know, they'll figure it out when you're asking
[53:24.280 --> 53:31.280] for these indictments and then you start asking for the court reporter's vouchers.
[53:31.280 --> 53:38.280] They're going to say, oops, because they really do just rubber stamp
[53:38.280 --> 53:41.280] superseding indictments.
[53:41.280 --> 53:45.280] We caught them red-handed in New York doing just exactly that to a
[53:45.280 --> 53:51.280] pro football player who was having tax issues and they indicted him.
[53:51.280 --> 53:55.280] And we got him to do a search for the, you know,
[53:55.280 --> 54:03.280] do a request for the grand jury court reporter's voucher for that day.
[54:03.280 --> 54:11.280] And the court reporter said there was no voucher for that day.
[54:11.280 --> 54:19.280] So now you have prima facie evidence to indicate that the indictment was fraudulent.
[54:19.280 --> 54:22.280] So I might ask for the month of August.
[54:22.280 --> 54:23.280] Yeah.
[54:23.280 --> 54:29.280] Or even a week, two days before, two days after.
[54:29.280 --> 54:35.280] Or maybe one day before and two days after so they don't know exactly what you're looking for.
[54:35.280 --> 54:36.280] Okay.
[54:36.280 --> 54:41.280] And just, you know, I always ask for more than what I want.
[54:41.280 --> 54:45.280] I ask for things I don't care about.
[54:45.280 --> 54:49.280] I want a few red herrings in the mix.
[54:49.280 --> 55:07.280] So you might look at requests for carry out orders during, to the grand jury room.
[55:07.280 --> 55:13.280] You want to see what they've been eating.
[55:13.280 --> 55:17.280] And they're going to say, why do you want to know that?
[55:17.280 --> 55:20.280] Then maybe you can get them to ask you why.
[55:20.280 --> 55:22.280] And if they do, then you file against them.
[55:22.280 --> 55:26.280] But you don't want them to really know what you're looking at, looking for.
[55:26.280 --> 55:33.280] But you want them to know that you're looking really close at them.
[55:33.280 --> 55:38.280] This is when you, if you're trying to get these guys off your back,
[55:38.280 --> 55:42.280] this is when they're going to want to back up and make their distance from you
[55:42.280 --> 55:45.280] because they don't know what you're doing.
[55:45.280 --> 55:52.280] And that's why you don't tell the clerk that you want a signed document.
[55:52.280 --> 55:55.280] You tell them you want a copy of the indictment.
[55:55.280 --> 55:59.280] And if you get one that's not signed, then that's from the clerk.
[55:59.280 --> 56:03.280] It's a bona fide copy of the indictment.
[56:03.280 --> 56:06.280] And that says that the indictment has not been signed.
[56:06.280 --> 56:10.280] So it's an invalid indictment.
[56:10.280 --> 56:11.280] Okay.
[56:11.280 --> 56:13.280] So when we talked a couple of weeks ago,
[56:13.280 --> 56:17.280] you were talking about finding the grand jury foreman's name
[56:17.280 --> 56:24.280] and sending the criminal complaints to the grand jury foreman using their name.
[56:24.280 --> 56:26.280] If you don't know their name,
[56:26.280 --> 56:31.280] can't you just address the criminal complaint letters to the grand jury foreman?
[56:31.280 --> 56:34.280] Yes, that's exactly what I would do.
[56:34.280 --> 56:36.280] Even though you don't know their name?
[56:36.280 --> 56:38.280] Exactly.
[56:38.280 --> 56:42.280] Okay. So you can send it to that title.
[56:42.280 --> 56:43.280] Exactly.
[56:43.280 --> 56:46.280] And then when you get a response back from the U.S. attorney,
[56:46.280 --> 56:49.280] then you file against the U.S. attorney.
[56:49.280 --> 56:53.280] Okay. Because I can find out who that is.
[56:53.280 --> 56:56.280] They're pretty open about who they are.
[56:56.280 --> 57:02.280] Yeah. And if you can get them to threaten you, that's wonderful.
[57:02.280 --> 57:06.280] Okay. So I can actually address this to the grand jury foreman without knowing their name.
[57:06.280 --> 57:08.280] Exactly.
[57:08.280 --> 57:16.280] The grand jury foreman at the U.S. attorney's address or the district court address.
[57:16.280 --> 57:19.280] Restricted delivery.
[57:19.280 --> 57:21.280] I'm sorry, I think I talked over you.
[57:21.280 --> 57:26.280] Okay. You just address them to the, you can address it to the district court address.
[57:26.280 --> 57:28.280] Right.
[57:28.280 --> 57:32.280] And I'm going to send it still signature confirmation restricted delivery.
[57:32.280 --> 57:33.280] Exactly.
[57:33.280 --> 57:34.280] To the grand jury foreman.
[57:34.280 --> 57:42.280] Exactly. Now, they will see that you're laying the groundwork to come after them.
[57:42.280 --> 57:43.280] Okay.
[57:43.280 --> 57:48.280] And the last thing they're going to want is for this to get into court.
[57:48.280 --> 57:52.280] When I was in Fort Lauderdale going after the IRS agent there,
[57:52.280 --> 57:56.280] the U.S. attorney threatened me with witness tampering.
[57:56.280 --> 58:00.280] I said, well, knock yourself out.
[58:00.280 --> 58:03.280] We really need to get this before the Supreme.
[58:03.280 --> 58:06.280] So you accuse me of witness tampering.
[58:06.280 --> 58:08.280] I'll accuse you of the obstruction.
[58:08.280 --> 58:11.280] But we'll see which one the Supreme likes better.
[58:11.280 --> 58:14.280] Well, I never got accused of witness tampering.
[58:14.280 --> 58:18.280] They fired you at the IRS agent instead.
[58:18.280 --> 58:19.280] Hang on.
[58:19.280 --> 58:20.280] I'm about to go to break.
[58:20.280 --> 58:22.280] Randy Kelton, the rule of law radio.
[58:22.280 --> 58:27.280] Our call in number 512-646-1984.
[58:27.280 --> 58:30.280] We do have, the board will hold four callers.
[58:30.280 --> 58:32.280] We've got three right now.
[58:32.280 --> 58:34.280] Just a couple more questions for you.
[58:34.280 --> 58:35.280] Okay.
[58:35.280 --> 58:37.280] We'll pick that up on the other side.
[58:37.280 --> 58:41.280] If you call in and you can't get through,
[58:41.280 --> 58:46.280] then wait until someone drops off and then try calling back in,
[58:46.280 --> 58:49.280] and then you'll be able to be added to the queue.
[58:49.280 --> 58:53.280] Would you like to make more definite progress in your walk with God?
[58:53.280 --> 58:57.280] Bibles for America is offering a free study Bible
[58:57.280 --> 59:00.280] and a set of free Christian books that can really help.
[59:00.280 --> 59:04.280] The New Testament Recovery Version is one of the most comprehensive
[59:04.280 --> 59:06.280] study Bibles available today.
[59:06.280 --> 59:09.280] It's an accurate translation, and it contains thousands of footnotes
[59:09.280 --> 59:13.280] that will help you to know God and to know the meaning of life.
[59:13.280 --> 59:15.280] The free books are a three-volume set called
[59:15.280 --> 59:18.280] Basic Elements of the Christian Life.
[59:18.280 --> 59:21.280] Chapter by chapter, Basic Elements of the Christian Life
[59:21.280 --> 59:24.280] clearly presents God's plan of salvation,
[59:24.280 --> 59:27.280] growing in Christ, and how to build up the Church.
[59:27.280 --> 59:30.280] To order your free New Testament Recovery Version
[59:30.280 --> 59:33.280] and Basic Elements of the Christian Life,
[59:33.280 --> 59:40.280] call Bibles for America toll-free at 888-551-0102.
[59:40.280 --> 59:44.280] That's 888-551-0102.
[59:44.280 --> 59:49.280] Or visit us online at bfa.org.
[59:49.280 --> 59:59.280] Live, free speech radio, logosradionetwork.com.
[59:59.280 --> 01:00:06.280] The Falling East Flash is brought to you by the Lone Star Lowdown,
[01:00:06.280 --> 01:00:09.280] providing the daily bulletins for the commodity market.
[01:00:09.280 --> 01:00:17.280] Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:17.280 --> 01:00:29.280] Markets for Wednesday, August 31, 2016, are currently treading with gold at $1,308.64 an ounce,
[01:00:29.280 --> 01:00:35.280] silver $18.64 an ounce, Texas crude $46.35 a barrel,
[01:00:35.280 --> 01:00:45.280] and Bitcoin is currently sitting at about $572 U.S. currency.
[01:00:45.280 --> 01:00:48.280] Today in history, the year 1939,
[01:00:48.280 --> 01:00:52.280] Nazi Germany conducts a staged attack on the Gluwitz radio station,
[01:00:52.280 --> 01:00:56.280] inciting popular opinion into attacking Poland, who they blamed for the incident.
[01:00:56.280 --> 01:01:00.280] This false flag led to World War II in Europe the following day.
[01:01:00.280 --> 01:01:05.280] Today in history.
[01:01:05.280 --> 01:01:09.280] In recent news, Jesse Morton, also known as Yanis Abdullah Mohammed,
[01:01:09.280 --> 01:01:11.280] who worked as a U.S.-based recruiter for Al-Qaeda,
[01:01:11.280 --> 01:01:15.280] was recently hired by George Washington University in Washington, D.C.
[01:01:15.280 --> 01:01:20.280] Mr. Morton has reformed his radical ways and could offer great insight into radicalization,
[01:01:20.280 --> 01:01:22.280] says Washington University.
[01:01:22.280 --> 01:01:25.280] He helped create Revolution Muslim, a New York-based organization
[01:01:25.280 --> 01:01:28.280] that advocated the establishment of a traditionalist Islamic state
[01:01:28.280 --> 01:01:31.280] and the downfall of Western imperialism.
[01:01:31.280 --> 01:01:35.280] In 2011, Morton was jailed as a result of threats against the creators of South Park
[01:01:35.280 --> 01:01:39.280] after the cartoon depicted the Prophet Mohammed in a bear costume,
[01:01:39.280 --> 01:01:42.280] and apparently while in prison, he had a change of heart,
[01:01:42.280 --> 01:01:45.280] inspired in part by texts written by European Enlightenment philosophers.
[01:01:45.280 --> 01:01:48.280] His sentence was then reduced from 11 years to less than four
[01:01:48.280 --> 01:01:51.280] and became an informant for the FBI.
[01:01:51.280 --> 01:01:54.280] After being freed in 2015, he got a job as a research fellow
[01:01:54.280 --> 01:02:03.280] at the Center for Cyber and Homeland Security at Washington University.
[01:02:03.280 --> 01:02:06.280] And State Department attorneys stated yesterday that they uncovered
[01:02:06.280 --> 01:02:10.280] 30 Benghazi-related emails among the records retrieved from Hillary Clinton's private server.
[01:02:10.280 --> 01:02:14.280] The emails were among the roughly 15,000 emails FBI agents said they got
[01:02:14.280 --> 01:02:18.280] through her server in the course of the year-long investigation surrounding it.
[01:02:18.280 --> 01:02:21.280] However, many of the emails were deleted beyond retrieval
[01:02:21.280 --> 01:02:25.280] after the Democratic nominee's team used a digital tool called BleachBit
[01:02:25.280 --> 01:02:29.280] to scrub all the hardware that was eventually confiscated by law enforcement agents.
[01:02:29.280 --> 01:02:32.280] These findings came about via a lawsuit, one of several,
[01:02:32.280 --> 01:02:35.280] filed by Judicial Watch in pursuit of records related to Clinton's tenure
[01:02:35.280 --> 01:02:38.280] as Secretary of the State Department.
[01:02:38.280 --> 01:02:44.280] The D Lone Star Lowdown is currently looking for sponsors.
[01:02:44.280 --> 01:02:47.280] If you have a product or a service you'd like to advertise with us,
[01:02:47.280 --> 01:02:52.280] feel free to give me a call at 210-363-2257.
[01:02:52.280 --> 01:03:20.280] This has been Rick Roady with your lowdown for August 31, 2016.
[01:03:20.280 --> 01:03:22.280] Okay, we are back.
[01:03:22.280 --> 01:03:30.280] Randy Kelkin, U of L Radio on this Friday, the second day of September 2016,
[01:03:30.280 --> 01:03:34.280] and we're talking to Don in New Mexico.
[01:03:34.280 --> 01:03:38.280] Okay, Don, you said you had a couple more questions.
[01:03:38.280 --> 01:03:39.280] Yes, I do.
[01:03:39.280 --> 01:03:44.280] When is it now recording documents that an employee down at the county recorder
[01:03:44.280 --> 01:03:49.280] decides that they're not going to record something for you?
[01:03:49.280 --> 01:03:52.280] I realize there's laws, and I haven't spent the time looking them up
[01:03:52.280 --> 01:03:57.280] as to what their responsibilities are, but you've spoken about it in the past,
[01:03:57.280 --> 01:04:03.280] getting them to record documents when they didn't want to.
[01:04:03.280 --> 01:04:06.280] I haven't researched out the Fed.
[01:04:06.280 --> 01:04:08.280] I haven't had much trouble with the Fed.
[01:04:08.280 --> 01:04:13.280] The clerks in the Fed are generally really easy to get along with,
[01:04:13.280 --> 01:04:17.280] and they're very helpful because I have some, about five or six years ago,
[01:04:17.280 --> 01:04:24.280] the past new law that said that the clerks and the courts had to work with
[01:04:24.280 --> 01:04:29.280] pro se litigants, that they couldn't treat a pro se litigant like a lawyer.
[01:04:29.280 --> 01:04:35.280] They had to help pro se litigants so they could get their cases adjudicated.
[01:04:35.280 --> 01:04:40.280] So the clerks tend to be very helpful, federal clerks.
[01:04:40.280 --> 01:04:45.280] If they won't file something, they'll tell you exactly why
[01:04:45.280 --> 01:04:49.280] and what you have to do to make it so they can file it.
[01:04:49.280 --> 01:04:53.280] There are certain requirements that a filing must have,
[01:04:53.280 --> 01:04:57.280] and they've allowed the clerks to make determinations
[01:04:57.280 --> 01:05:02.280] as to the existence of those criteria.
[01:05:02.280 --> 01:05:08.280] When I'm writing letters to the federal district court clerks,
[01:05:08.280 --> 01:05:10.280] should I send those certified?
[01:05:10.280 --> 01:05:14.280] Absolutely, everything should be certified.
[01:05:14.280 --> 01:05:17.280] And the difference between the return receipt and certified,
[01:05:17.280 --> 01:05:21.280] if I send something certified, I can look online
[01:05:21.280 --> 01:05:27.280] and print out the post office's record that it was delivered.
[01:05:27.280 --> 01:05:30.280] What's the benefit of having a signature,
[01:05:30.280 --> 01:05:33.280] since it's going to the mail room or wherever?
[01:05:33.280 --> 01:05:38.280] The judge wants to see the signature card.
[01:05:38.280 --> 01:05:49.280] I would suspect that the United Postal Service routing sheet would pass,
[01:05:49.280 --> 01:05:54.280] but the courts always want to see the green card.
[01:05:54.280 --> 01:05:58.280] Now, if you're just sending documents back and forth to the clerk,
[01:05:58.280 --> 01:06:03.280] all of these clerks now use email.
[01:06:03.280 --> 01:06:07.280] And email is just as good as certified.
[01:06:07.280 --> 01:06:09.280] Okay, good, okay.
[01:06:09.280 --> 01:06:13.280] The emails, you keep records of those.
[01:06:13.280 --> 01:06:15.280] Awesome.
[01:06:15.280 --> 01:06:19.280] That was good for me.
[01:06:19.280 --> 01:06:20.280] Go ahead.
[01:06:20.280 --> 01:06:23.280] I appreciate the time you spent with me tonight.
[01:06:23.280 --> 01:06:27.280] Already, I hope this helps, because this is why we're here,
[01:06:27.280 --> 01:06:30.280] to get more people going after these guys.
[01:06:30.280 --> 01:06:36.280] And what you're bringing to me sounds really serious.
[01:06:36.280 --> 01:06:41.280] This sounds like they're not getting indictments at all,
[01:06:41.280 --> 01:06:47.280] that the U.S. attorney is bypassing the grand juries altogether.
[01:06:47.280 --> 01:06:51.280] Well, they definitely have that opportunity, it looks like.
[01:06:51.280 --> 01:06:54.280] But I'll be speaking to you within a week or two.
[01:06:54.280 --> 01:06:56.280] All righty, wonderful.
[01:06:56.280 --> 01:06:57.280] Thank you, Don.
[01:06:57.280 --> 01:06:58.280] Thank you, Randy.
[01:06:58.280 --> 01:06:59.280] Have a good night.
[01:06:59.280 --> 01:07:02.280] Okay, now we're going to go to Scott in Texas.
[01:07:02.280 --> 01:07:05.280] Hello, Scott.
[01:07:05.280 --> 01:07:06.280] Hello, Randy.
[01:07:06.280 --> 01:07:12.280] I sent you updates, the emails on the criminal complaints
[01:07:12.280 --> 01:07:15.280] for people that I'm writing up in Rockwall.
[01:07:15.280 --> 01:07:20.280] And I was wondering if you, maybe when the break comes,
[01:07:20.280 --> 01:07:22.280] you can kind of just look at them and see,
[01:07:22.280 --> 01:07:25.280] that should be something that you're more used to seeing,
[01:07:25.280 --> 01:07:29.280] because I kind of done them before, so your style.
[01:07:29.280 --> 01:07:33.280] So that should be something that you might can look at
[01:07:33.280 --> 01:07:38.280] and actually be able to read on the air without laughing out loud.
[01:07:38.280 --> 01:07:43.280] Okay, well, Scott sent me some complaints earlier,
[01:07:43.280 --> 01:07:49.280] and frankly, I ripped him to shreds.
[01:07:49.280 --> 01:07:54.280] Cut no slack, gave no quarter, just tore him to pieces.
[01:07:54.280 --> 01:08:01.280] And I'm looking in my email, and I don't see any later.
[01:08:01.280 --> 01:08:03.280] Oh, there it is. I got it. Okay.
[01:08:03.280 --> 01:08:05.280] Yeah, I will...
[01:08:05.280 --> 01:08:09.280] Let me open up the first one and see if it's better.
[01:08:09.280 --> 01:08:12.280] There's something that we did want to talk about tonight,
[01:08:12.280 --> 01:08:17.280] and it's writing statements of facts.
[01:08:17.280 --> 01:08:21.280] When you write a criminal complaint,
[01:08:21.280 --> 01:08:24.280] criminal complaints will have a specific heading
[01:08:24.280 --> 01:08:27.280] and opening and closing.
[01:08:27.280 --> 01:08:31.280] In between the opening and closing, you put in a statement of facts.
[01:08:31.280 --> 01:08:35.280] Like here in Texas, Texas is different than most states.
[01:08:35.280 --> 01:08:39.280] Most states' complaints look like a lawsuit.
[01:08:39.280 --> 01:08:41.280] They have a heading like a lawsuit.
[01:08:41.280 --> 01:08:47.280] It says the state of Ohio versus whoever the defendant is.
[01:08:47.280 --> 01:08:49.280] But in Texas, we have a special form.
[01:08:49.280 --> 01:08:56.280] The law says all criminal complaints must run in the name of the state of Texas.
[01:08:56.280 --> 01:08:59.280] So all complaints start in the name
[01:08:59.280 --> 01:09:02.280] and by the authority of the state of Texas.
[01:09:02.280 --> 01:09:04.280] That's the heading.
[01:09:04.280 --> 01:09:08.280] I, Scott Richardson, being duly sworn to the state upon my oath,
[01:09:08.280 --> 01:09:16.280] that I have personal knowledge, I have good reason to believe, and I do believe.
[01:09:16.280 --> 01:09:27.280] This is essentially standard, statutorily required declaration.
[01:09:27.280 --> 01:09:37.280] The case law says that while anyone can file a criminal complaint,
[01:09:37.280 --> 01:09:40.280] they do not have to have personal knowledge.
[01:09:40.280 --> 01:09:44.280] Now, he put in this so that he has personal knowledge.
[01:09:44.280 --> 01:09:46.280] That is not a necessity.
[01:09:46.280 --> 01:09:52.280] You do not have to have personal knowledge in order to file a complaint.
[01:09:52.280 --> 01:10:00.280] But you must have good reason to believe and do believe based on the following.
[01:10:00.280 --> 01:10:04.280] And this is a form I took right out of the state of Texas.
[01:10:04.280 --> 01:10:06.280] So it's not something I made up.
[01:10:06.280 --> 01:10:12.280] Okay, and then once that sentence is in, it ends with a colon.
[01:10:12.280 --> 01:10:16.280] And then I put in a statement of facts.
[01:10:16.280 --> 01:10:19.280] On June 1, 2016, 8.30 a.m.,
[01:10:19.280 --> 01:10:24.280] complainant was summoned to the Rockwall County Court of Law by Judge Williams
[01:10:24.280 --> 01:10:32.280] for driving with an invalid license to set a trial judge or jury trial.
[01:10:32.280 --> 01:10:39.280] Okay, so that tells us where we're at, why we're there.
[01:10:39.280 --> 01:10:43.280] Public Attorney Jeffrey Hill called complainant up from the gallery
[01:10:43.280 --> 01:10:47.280] to discuss the hearing about driving with an invalid license.
[01:10:47.280 --> 01:10:53.280] Attorney Hill said the only reason for this hearing was to set a jury trial or trial by a judge.
[01:10:53.280 --> 01:11:00.280] Complainant said he would submit to a jury trial by coercion.
[01:11:00.280 --> 01:11:07.280] Attorney Hill became excited, raising his voice, saying, using words like that,
[01:11:07.280 --> 01:11:10.280] he could not speak to complainant anymore.
[01:11:10.280 --> 01:11:14.280] Attorney Hill walked up to the bench where Judge Williams resides.
[01:11:14.280 --> 01:11:18.280] Judge Williams called complainant to the bench,
[01:11:18.280 --> 01:11:23.280] complainant approached saying he submitted a res judicata on the record
[01:11:23.280 --> 01:11:27.280] to Judge Williams concerning driving with invalid license.
[01:11:27.280 --> 01:11:29.280] Scott's already been before county court,
[01:11:29.280 --> 01:11:35.280] and the county court ruled that the issue with his invalid license
[01:11:35.280 --> 01:11:41.280] was a mistake with the Duarte Republic safety and not with him.
[01:11:41.280 --> 01:11:45.280] So since it's already been ruled, it's res judicata.
[01:11:45.280 --> 01:11:50.280] A case that had already been adjudicated February 23rd, 2016,
[01:11:50.280 --> 01:11:52.280] in the Dallas County Criminal Court number eight,
[01:11:52.280 --> 01:11:58.280] and dismissed, complainant stated that this was an equal court of jurisdiction
[01:11:58.280 --> 01:12:01.280] as the reason to refuse to accept the ruling.
[01:12:01.280 --> 01:12:06.280] And I charge that therefore and before the making and filing of this complaint,
[01:12:06.280 --> 01:12:09.280] only before the first day of June 2016,
[01:12:09.280 --> 01:12:14.280] County of Rockwall, State of Texas, Judge Williams did then and there unlawfully
[01:12:14.280 --> 01:12:19.280] and willfully violate section 1.05 penal code titled
[01:12:19.280 --> 01:12:23.280] Rights of the Accused Against Peace and Dignity, State of Texas.
[01:12:23.280 --> 01:12:28.280] Okay, I was going to tell you I did not have one complaint about this
[01:12:28.280 --> 01:12:32.280] until I got to the last.
[01:12:32.280 --> 01:12:38.280] 1.05 penal code.
[01:12:38.280 --> 01:12:47.280] What is a violation of 1.05 penal code designated as?
[01:12:47.280 --> 01:12:51.280] Rights of the accused. It didn't say rights of the accused.
[01:12:51.280 --> 01:13:00.280] Okay, this is a statute that guarantees you certain rights.
[01:13:00.280 --> 01:13:07.280] But it's not technically a penal statute, although it's in the penal code.
[01:13:07.280 --> 01:13:12.280] A violation of section 1.05 did then and there unlawfully
[01:13:12.280 --> 01:13:18.280] and willfully violate section 1.05 Texas penal code.
[01:13:18.280 --> 01:13:26.280] And by so doing, denied, failed to perform a duty he was required to perform
[01:13:26.280 --> 01:13:33.280] and denied complainant in the full and free access to or enjoyment of a right.
[01:13:33.280 --> 01:13:38.280] What statutes that?
[01:13:38.280 --> 01:13:42.280] That's 39.03, official oppression.
[01:13:42.280 --> 01:13:49.280] That's the crime that he committed. 1.05 does not define a crime.
[01:13:49.280 --> 01:13:53.280] It guarantees a right.
[01:13:53.280 --> 01:14:04.280] A violation of that guaranteed right would be an act in violation of 39.03.
[01:14:04.280 --> 01:14:13.280] So all you have to do is add the statement, open up 39.03 official oppression and read it.
[01:14:13.280 --> 01:14:21.280] And you use the verbiage of the statute to make the accusation as violation of the statute.
[01:14:21.280 --> 01:14:27.280] But your statement of facts was perfect.
[01:14:27.280 --> 01:14:32.280] When do we do a statement of facts?
[01:14:32.280 --> 01:14:34.280] Go ahead.
[01:14:34.280 --> 01:14:36.280] Let me know. Go ahead. You got it. Go on.
[01:14:36.280 --> 01:14:41.280] Okay. And here I'm not really talking to Scott. I'm talking to everybody else.
[01:14:41.280 --> 01:14:49.280] When you do a statement of facts, you want to consider any question
[01:14:49.280 --> 01:14:55.280] that may come to the mind of your reader and make sure you answer that question.
[01:14:55.280 --> 01:15:04.280] So, you know, sometimes when I'm explaining things, I apologize for being pedantic.
[01:15:04.280 --> 01:15:14.280] And this is the reason, because I'm trying to be careful not to lose any of my listeners by jumping over stuff.
[01:15:14.280 --> 01:15:19.280] I know a whole lot of stuff about this particular subject.
[01:15:19.280 --> 01:15:25.280] And if I'm not careful, I'll leave out stuff that really needs to be there.
[01:15:25.280 --> 01:15:32.280] And, you know, while I whipped Scott to shreds earlier,
[01:15:32.280 --> 01:15:38.280] I really like for people to take my documentation and rip it to shreds,
[01:15:38.280 --> 01:15:46.280] because I want to know every place where a question comes to your mind.
[01:15:46.280 --> 01:15:55.280] Because it's not that I won't write something to deliberately create a question in your mind,
[01:15:55.280 --> 01:15:59.280] but I want to know that I've done it.
[01:15:59.280 --> 01:16:03.280] And I want to have done that on purpose,
[01:16:03.280 --> 01:16:09.280] because sometimes I'll create the question and then a little while later I'll answer the question.
[01:16:09.280 --> 01:16:17.280] And use that to set up a pattern where I make a statement that causes you to say, what's this all about?
[01:16:17.280 --> 01:16:24.280] But since I've done that before and then gave you closure, I make the statement in order to get your attention.
[01:16:24.280 --> 01:16:27.280] I create the question to get your focus.
[01:16:27.280 --> 01:16:30.280] And then I give you closure.
[01:16:30.280 --> 01:16:32.280] You have an expectation of closure.
[01:16:32.280 --> 01:16:40.280] So sometimes I'll create a question on purpose, but I don't want to do it by mistake.
[01:16:40.280 --> 01:16:41.280] And I want to know about it.
[01:16:41.280 --> 01:16:45.280] And when you write a statement of facts, make sure you don't create a question by mistake.
[01:16:45.280 --> 01:16:49.280] And the way you fix that is you've got to be put in all the details.
[01:16:49.280 --> 01:16:51.280] Hang on, about to go to break.
[01:16:51.280 --> 01:17:03.280] Randy Kelton, Rue La Radio, we'll be right back.
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[01:19:00.280 --> 01:19:15.280] This is the Logos Radio Network.
[01:19:15.280 --> 01:19:27.280] Ain't gonna blame me, don't blame me.
[01:19:27.280 --> 01:19:34.280] Okay, we are back. Randy Kelvin, Rule of Law Radio, and we're talking to Scott in Texas.
[01:19:34.280 --> 01:19:43.280] And okay, Scott, that's pretty clear. I don't think you have much more problems with the complaint.
[01:19:43.280 --> 01:19:48.280] Your complaint was really well done.
[01:19:48.280 --> 01:19:54.280] And that minor thing at the end was just a technical issue.
[01:19:54.280 --> 01:20:01.280] And like I was saying, when you write the complaint, like in this one,
[01:20:01.280 --> 01:20:09.280] everything I needed to know to understand what in the heck was going on here,
[01:20:09.280 --> 01:20:17.280] he's got in there, there were no questions left out that would cause me to trip out of flow.
[01:20:17.280 --> 01:20:28.280] I didn't get to flow in the e-book, but I have a big section on flow, mental flow, and that's what this goes to.
[01:20:28.280 --> 01:20:33.280] You know, we go to, I've done a lot of studying on how to write well.
[01:20:33.280 --> 01:20:42.280] My library on that is two shelves, eight feet long on writing, and nobody ever addressed this part.
[01:20:42.280 --> 01:20:50.280] Nobody addressed grammar, and they've got all kinds of tricks. If a word is not working, take it out.
[01:20:50.280 --> 01:20:54.280] But they never talked about mental flow.
[01:20:54.280 --> 01:21:02.280] And some writers get it automatically, or they just kind of pick it up and understand it,
[01:21:02.280 --> 01:21:07.280] because most everybody has read something to where they start reading it,
[01:21:07.280 --> 01:21:16.280] 30 minutes or an hour later, they kind of come to, and they realize they've just been immersed in the reading.
[01:21:16.280 --> 01:21:24.280] Well, there are some very specific tools and techniques to create that experience.
[01:21:24.280 --> 01:21:33.280] Very few writers use them, and I haven't found anything that actually talks about it.
[01:21:33.280 --> 01:21:37.280] Sure, there's something out there. I just haven't found it.
[01:21:37.280 --> 01:21:48.280] So I wrote one in this e-book on how to always think about how you're moving the mind of your reader.
[01:21:48.280 --> 01:21:58.280] And here, when I was talking to Scott earlier, and my suggestion to you, if you get into a legal battle,
[01:21:58.280 --> 01:22:09.280] and we talk about keeping track of where they violate law, and then we come back later and sting them for it,
[01:22:09.280 --> 01:22:19.280] well, what's going to happen is you're going to find more criminal complaints to file against these guys than you can keep up with.
[01:22:19.280 --> 01:22:30.280] When Eddie Craig first started calling into our show, he was adjudicating an issue concerning the collection of sales tax.
[01:22:30.280 --> 01:22:35.280] And he's saying, you know, I'm not your slave. Collect your own tax.
[01:22:35.280 --> 01:22:40.280] And we talked to him about he came to ask for remedy.
[01:22:40.280 --> 01:22:43.280] He said he's trying to get them to do things, and they're not following law. What's my remedy?
[01:22:43.280 --> 01:22:51.280] I said, file a criminal against him. So two weeks later, he calls back, and he had written 116 criminal complaints.
[01:22:51.280 --> 01:23:01.280] I said, Eddie, why did you stop? He said, I ran out of ink.
[01:23:01.280 --> 01:23:05.280] So he wasn't done. He could have written more.
[01:23:05.280 --> 01:23:17.280] These guys, our officials, screw things up so bad that you will not believe how many criminal complaints you can file against them.
[01:23:17.280 --> 01:23:27.280] So we need to find a way to trudge through all this, sort through it, and find the ones that are pertinent.
[01:23:27.280 --> 01:23:30.280] This is how I do it.
[01:23:30.280 --> 01:23:39.280] I write a statement of facts, only facts, no opinions.
[01:23:39.280 --> 01:23:55.280] There was one place in here where Attorney Hill became excited, became excited was an evaluation of his behavior.
[01:23:55.280 --> 01:24:05.280] That wasn't a fact. That was an evaluation. That was an opinion.
[01:24:05.280 --> 01:24:11.280] But that was the only place. I didn't mention it because it was so minor. It didn't detract.
[01:24:11.280 --> 01:24:22.280] But you know, you say that Attorney Hill began to speak in an elevated and excited manner.
[01:24:22.280 --> 01:24:27.280] I'm being pedantic here. That's a little beyond what you need to do.
[01:24:27.280 --> 01:24:30.280] The only statement of facts.
[01:24:30.280 --> 01:24:44.280] And once you have your statement of facts, then you put in an argument in support or a point in authorities.
[01:24:44.280 --> 01:24:52.280] You see the judge is there to determine the facts in accordance to rules of evidence and apply the laws that comes to him to the facts in the case.
[01:24:52.280 --> 01:24:55.280] So first you just state the facts.
[01:24:55.280 --> 01:25:10.280] And you want to state those facts in a way that when a person follows it, he will tend to come to the kinds of conclusions that you came to.
[01:25:10.280 --> 01:25:16.280] When you experience the facts. So then you go to an argument in support.
[01:25:16.280 --> 01:25:24.280] Like here he has one one fair sized paragraph, those statement of facts.
[01:25:24.280 --> 01:25:36.280] I would follow that with another paragraph showing how these facts amounted to a specific violation.
[01:25:36.280 --> 01:25:54.280] And when when you've been in a situation where a lot of things has happened, then you write your you write up a statement that has a section of facts and then followed by a an evaluation of the facts and law.
[01:25:54.280 --> 01:25:58.280] And then another section of facts and another evaluation.
[01:25:58.280 --> 01:26:04.280] And you do that in terms of the complaints you're going to file.
[01:26:04.280 --> 01:26:08.280] So you write this out and then you go back and look at it.
[01:26:08.280 --> 01:26:19.280] And the third thing you want to do with your statement of facts is turn it into a narrative, a novel or a novel at the story.
[01:26:19.280 --> 01:26:30.280] So you go down through that and look at these complaints and ask yourself which complaint adds to the overall plot.
[01:26:30.280 --> 01:26:42.280] Here, Scott has been through a lot with these guys and the overall plot is these guys are just totally ignoring law.
[01:26:42.280 --> 01:26:55.280] And the railroading, the person who tries to anybody who tries to fight a case, they're trying to force them to give up and go away.
[01:26:55.280 --> 01:27:05.280] So you may have some complaints that are innocuous or where somebody did something stupid that doesn't have anything to do with this process.
[01:27:05.280 --> 01:27:07.280] So you leave those out.
[01:27:07.280 --> 01:27:23.280] You only state the the crimes that tend to support your overall premise so that the reader reading it will add one to the other in a logical sequence.
[01:27:23.280 --> 01:27:34.280] Once you have that written out, now you go back to your statement of facts and take out the complaints you don't need to put in there.
[01:27:34.280 --> 01:27:41.280] I once had a bailiff dragged me down the stairs, shoved me out the door, knocked me down, broke my elbow.
[01:27:41.280 --> 01:27:56.280] When I wrote my statement of facts and then the argument in support, there was no way I could include that him dragging me out into the courthouse and knocking me down, breaking my elbow.
[01:27:56.280 --> 01:28:06.280] I could not put it in there because it was just a careless, dumb thing to do that had nothing to do with what was going on.
[01:28:06.280 --> 01:28:09.280] So I left it out.
[01:28:09.280 --> 01:28:19.280] It turned out to be the most powerful thing I did in Wise County because when I didn't go after the bailiff and ruin his career, they began to take me more serious.
[01:28:19.280 --> 01:28:24.280] But you want all your complaints to stitch together.
[01:28:24.280 --> 01:28:40.280] Now, once you've got all that, now you go down your statement of facts and grab that section on a paragraph of statement of facts, a paragraph of evaluation, you cut that out and drop it in the center of a criminal complaint.
[01:28:40.280 --> 01:28:47.280] And you just move down and go to the next and cut it out and drop it in and then state what crime they violated.
[01:28:47.280 --> 01:29:02.280] Then when the grand jury or even a prosecutor starts reading through your complaints, he reads some of these same facts over and over and they're stated exactly the same way every time.
[01:29:02.280 --> 01:29:04.280] So he sees no variance.
[01:29:04.280 --> 01:29:09.280] Each time he reads it, it pushes it a little deeper into his psyche.
[01:29:09.280 --> 01:29:17.280] The third or fourth time, he's going to know these facts by heart, whether he wants to or not.
[01:29:17.280 --> 01:29:23.280] His problem is, is you're only giving him the facts that lead to the conclusions you want him to lead to.
[01:29:23.280 --> 01:29:30.280] So you'll be kind of subliminally forcing him to accept your conclusions.
[01:29:30.280 --> 01:29:40.280] Okay, hang on. We're about to go to break. Randy Kelton on the Ulewau Radio. I call it number 512-646-1984.
[01:29:40.280 --> 01:29:47.280] I'm going to bring Scott on when you come back and we'll finish this up pretty soon.
[01:29:47.280 --> 01:30:00.280] And then we've got Colleen and Raider. We'll get to all of you. We'll be right back.
[01:30:00.280 --> 01:30:06.280] Magnificent monarchs. Turns out those beautiful orange and black butterflies are natural born naturopaths.
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[01:30:44.280 --> 01:30:48.280] Mother monarch butterflies have a second sense when it comes to illness.
[01:30:48.280 --> 01:30:52.280] Somehow females know when they have deadly parasitic infections.
[01:30:52.280 --> 01:30:57.280] They also realize they'll pass the disease onto their young and they take steps to cure them.
[01:30:57.280 --> 01:30:59.280] The monarch's egg laying preferences are the key.
[01:30:59.280 --> 01:31:02.280] Monarchs lay their eggs on milkweed plants.
[01:31:02.280 --> 01:31:05.280] The mothers who are uninfected choose their plants at random,
[01:31:05.280 --> 01:31:10.280] but the infected mothers are careful to lay their eggs on particular milkweed plants that are toxic to the parasites.
[01:31:10.280 --> 01:31:13.280] Their babies hatch, munch on the plants, and get better.
[01:31:13.280 --> 01:31:17.280] Scientists are watching other creatures hoping they use plant cures, too.
[01:31:17.280 --> 01:31:21.280] If so, we might have a lot to learn from them about natural remedies.
[01:31:21.280 --> 01:31:25.280] I'm Dr. Katherine Albrecht. More news and information at KatherineAlbrecht.com.
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[01:33:11.280 --> 01:33:28.280] Okay, we are back.
[01:33:28.280 --> 01:33:33.280] Randy Kelton, Radio Blur Radio, and we're talking to Scott in Texas.
[01:33:33.280 --> 01:33:40.280] And my producer asked me a very pertinent question over the break.
[01:33:40.280 --> 01:33:44.280] That I want to address.
[01:33:44.280 --> 01:33:49.280] Scott, you were supposed to ask me that question, but you didn't.
[01:33:49.280 --> 01:33:53.280] Okay, okay, nobody told you to, but who cares?
[01:33:53.280 --> 01:33:55.280] Okay.
[01:33:55.280 --> 01:34:01.280] How do you know what happened to the complaint?
[01:34:01.280 --> 01:34:06.280] Because most of the time when we file complaints, nothing happens.
[01:34:06.280 --> 01:34:11.280] And this goes to what Don was talking about earlier.
[01:34:11.280 --> 01:34:15.280] He's filing these complaints and they're going to drop into a black hole.
[01:34:15.280 --> 01:34:22.280] So what you do is you look at the statutorily prescribed procedure.
[01:34:22.280 --> 01:34:28.280] Everything that's supposed to be done will be in statute somewhere.
[01:34:28.280 --> 01:34:34.280] And generally in this context it will be in the criminal procedure code.
[01:34:34.280 --> 01:34:40.280] And every state will have a requirement for an examining trial.
[01:34:40.280 --> 01:34:44.280] Well, there are things you have to do in an examining trial.
[01:34:44.280 --> 01:34:52.280] And you'll find the statutes to be very pedantic because they go into excruciating detail.
[01:34:52.280 --> 01:34:57.280] And here in Texas, Chapter 16, they've got a whole chapter on what you're supposed to do.
[01:34:57.280 --> 01:35:02.280] The first thing you do is you read the person their rights.
[01:35:02.280 --> 01:35:04.280] Tell them to have a right to counsel.
[01:35:04.280 --> 01:35:09.280] And if you want counsel and you can't afford it, want to be appointed for you,
[01:35:09.280 --> 01:35:14.280] you can continue this hearing without counsel if you want to.
[01:35:14.280 --> 01:35:17.280] But if you don't want to continue without counsel,
[01:35:17.280 --> 01:35:23.280] then we can postpone this hearing while we appoint counsel.
[01:35:23.280 --> 01:35:31.280] And then once they've done that, if the person elects to proceed or if they have counsel or whatever,
[01:35:31.280 --> 01:35:38.280] then the accused is allowed to make a statement.
[01:35:38.280 --> 01:35:43.280] Before anything is put in the record against them, they get to make a statement.
[01:35:43.280 --> 01:35:45.280] And then you go through a number of steps.
[01:35:45.280 --> 01:35:49.280] And 16.17, Texas Code of Criminal Procedures,
[01:35:49.280 --> 01:35:54.280] directs the judge that after the hearing he will issue an order.
[01:35:54.280 --> 01:35:57.280] And every state's got to have this.
[01:35:57.280 --> 01:36:02.280] You're going to issue an order stating whether you found probable cause, you released a person in his liberty,
[01:36:02.280 --> 01:36:07.280] set him to bail, or he's mandated him to the jail.
[01:36:07.280 --> 01:36:13.280] In Texas, it says that if an order is not issued within 48 hours,
[01:36:13.280 --> 01:36:18.280] a finding of no probable cause is presumed.
[01:36:18.280 --> 01:36:22.280] Well, when you file the complaint with the magistrate,
[01:36:22.280 --> 01:36:27.280] you can't really go to the magistrate and ask him what he did with it because he's going to,
[01:36:27.280 --> 01:36:32.280] once you've filed it with him, then he's going to know to start ducking and dodging.
[01:36:32.280 --> 01:36:37.280] He's going to be real hard to get to, so don't bother with him.
[01:36:37.280 --> 01:36:45.280] Look in the procedure code and see what the law says about what the judge is supposed to do
[01:36:45.280 --> 01:36:50.280] to document the finding of probable cause.
[01:36:50.280 --> 01:36:56.280] The only way the state can have subject matter jurisdiction in a criminal accusation
[01:36:56.280 --> 01:37:00.280] is by a determination of probable cause by a neutral magistrate.
[01:37:00.280 --> 01:37:04.280] And he has to record that somehow.
[01:37:04.280 --> 01:37:11.280] In Texas, 17.30 Texas Code of Criminal Procedure requires the court,
[01:37:11.280 --> 01:37:17.280] after an examining trial, to seal all documents had in the hearing.
[01:37:17.280 --> 01:37:22.280] The complaint, the voluntary statement of the accused, if any,
[01:37:22.280 --> 01:37:28.280] and all other documents had in the hearing are to be sealed in an envelope
[01:37:28.280 --> 01:37:36.280] with the judge shall write his name across the seal of the envelope
[01:37:36.280 --> 01:37:40.280] and forward it to the clerk of the court of jurisdiction.
[01:37:40.280 --> 01:37:48.280] So, if it's against a public official, give a request to the district court
[01:37:48.280 --> 01:37:58.280] for the sealed envelope containing a probable cause determination
[01:37:58.280 --> 01:38:05.280] in the matter of whoever the person you complained about.
[01:38:05.280 --> 01:38:12.280] And the clerk is going to send you back a letter saying we have no documents responsive to your request.
[01:38:12.280 --> 01:38:14.280] Yes!
[01:38:14.280 --> 01:38:22.280] Now you can say there could not have been an examining trial
[01:38:22.280 --> 01:38:28.280] because if there was, there would be an envelope with the judge's name
[01:38:28.280 --> 01:38:37.280] written across the seal in the records of the county clerk, and there's not one.
[01:38:37.280 --> 01:38:40.280] That make sense, Scott?
[01:38:40.280 --> 01:38:50.280] Oh, well, yeah. My goal is right now is to get better at writing these criminal complaints
[01:38:50.280 --> 01:38:52.280] and just lay it in the facts.
[01:38:52.280 --> 01:38:55.280] The only thing is, I was using the very last sentence,
[01:38:55.280 --> 01:39:03.280] you actually, like in this one, Judge Williams acted non-compliant with well-established laws
[01:39:03.280 --> 01:39:09.280] creating double jeopardy, but non-compliant, you know, with well-established laws,
[01:39:09.280 --> 01:39:12.280] he's non-compliant, that's getting, you know, hitting the...
[01:39:12.280 --> 01:39:19.280] No, that's okay because you finished your statement, you stated enough facts to establish that,
[01:39:19.280 --> 01:39:25.280] and now you're stating what your facts established.
[01:39:25.280 --> 01:39:31.280] That's what I wanted to ask is if I can add that one line to really sum up everything
[01:39:31.280 --> 01:39:35.280] that was established in this set of facts.
[01:39:35.280 --> 01:39:38.280] Absolutely. Yes, you can do that.
[01:39:38.280 --> 01:39:39.280] Sweet.
[01:39:39.280 --> 01:39:42.280] We do the statement of facts first.
[01:39:42.280 --> 01:39:46.280] You could actually, you know, add more to it to say, you know,
[01:39:46.280 --> 01:39:51.280] this is what he was required to do, this is the code of criminal procedure required him to do this,
[01:39:51.280 --> 01:39:55.280] you know, here's the fact, you know, he had the hearing,
[01:39:55.280 --> 01:39:59.280] this is what he was required to do in the hearing, this is what he failed to do in the hearing,
[01:39:59.280 --> 01:40:05.280] and his failure resulted in this criminal accusation.
[01:40:05.280 --> 01:40:10.280] So yeah, after you've done a complete statement of facts,
[01:40:10.280 --> 01:40:14.280] now you can go into your argument in support.
[01:40:14.280 --> 01:40:19.280] Yeah, shoot, I'd like to just be able to hit them with one big fat juicy line
[01:40:19.280 --> 01:40:24.280] and just name them all non-compliant with well established laws,
[01:40:24.280 --> 01:40:27.280] then that just pretty well sums it up right there, I mean.
[01:40:27.280 --> 01:40:31.280] And that's generally enough, that would be enough.
[01:40:31.280 --> 01:40:38.280] A complaint doesn't need to be too exhaustive.
[01:40:38.280 --> 01:40:44.280] You give all of the facts that are necessary, but only the facts that are necessary.
[01:40:44.280 --> 01:40:48.280] Yeah, it's only about the one that has four lines changed,
[01:40:48.280 --> 01:40:53.280] because I used basically all the same, you know, on this day, blah, blah, blah,
[01:40:53.280 --> 01:40:55.280] what I was here for, how I got up to the bench,
[01:40:55.280 --> 01:41:00.280] and then the facts changed according to what happened in which scenario,
[01:41:00.280 --> 01:41:02.280] and then you just play it out that way,
[01:41:02.280 --> 01:41:09.280] and then you can just name that to your criminal complaint of a visual oppression and obstruction.
[01:41:09.280 --> 01:41:11.280] Exactly, exactly.
[01:41:11.280 --> 01:41:13.280] It gets a lot easier when you do it that way,
[01:41:13.280 --> 01:41:18.280] because you get to reuse some of your prior stuff.
[01:41:18.280 --> 01:41:22.280] Right, so it becomes more plug and play.
[01:41:22.280 --> 01:41:25.280] Exactly, exactly.
[01:41:25.280 --> 01:41:28.280] Well, that's good, because now, you know,
[01:41:28.280 --> 01:41:32.280] because the whole concept is basically when the cop pulls you over,
[01:41:32.280 --> 01:41:37.280] he didn't have the authority or the standing to write that complaint,
[01:41:37.280 --> 01:41:41.280] and then when the DA or the city attorney takes it,
[01:41:41.280 --> 01:41:45.280] they didn't have capacity or standing because they'd known or should have known
[01:41:45.280 --> 01:41:51.280] that the cop didn't have the authority to write you a ticket.
[01:41:51.280 --> 01:41:54.280] They can't prove it, just like Rockwall.
[01:41:54.280 --> 01:41:58.280] Rockwall even gave me on a FOIA request that says
[01:41:58.280 --> 01:42:02.280] they do not have the authority to enforce traffic laws.
[01:42:02.280 --> 01:42:07.280] So therefore, when the city attorney reduced it down to a complaint
[01:42:07.280 --> 01:42:09.280] and took it before the judge,
[01:42:09.280 --> 01:42:12.280] the city attorney perpetrated a fraud upon the court,
[01:42:12.280 --> 01:42:16.280] and the judge knowingly will, and with malice and forethought,
[01:42:16.280 --> 01:42:21.280] went ahead to proceed without jurisdiction because the other party has no standing.
[01:42:21.280 --> 01:42:25.280] That's the argument.
[01:42:25.280 --> 01:42:32.280] That's the kind of argument and support you'd put in after your statement of facts.
[01:42:32.280 --> 01:42:35.280] And if you have filed an information request,
[01:42:35.280 --> 01:42:38.280] that needs to be in your statement of facts.
[01:42:38.280 --> 01:42:43.280] And if you received an answer, that needs to be in there.
[01:42:43.280 --> 01:42:45.280] Oh, I've got it.
[01:42:45.280 --> 01:42:47.280] I told you I had that.
[01:42:47.280 --> 01:42:49.280] Yeah, I went to jail twice over this,
[01:42:49.280 --> 01:42:52.280] and Rockwall doesn't even, they'll write you and tell you
[01:42:52.280 --> 01:42:55.280] they don't even have the authority to enforce traffic laws
[01:42:55.280 --> 01:42:58.280] over speaking invalid laws.
[01:42:58.280 --> 01:43:02.280] Yeah, I've got a couple of those myself from courts.
[01:43:02.280 --> 01:43:06.280] With the two information requests that I put together,
[01:43:06.280 --> 01:43:09.280] and I sent you copies of them,
[01:43:09.280 --> 01:43:15.280] they're asking all of these jurisdictions for something they do not have.
[01:43:15.280 --> 01:43:25.280] And the ones you're asking, they don't see it as part of the adjudication of a case.
[01:43:25.280 --> 01:43:28.280] You're just being asked for some information,
[01:43:28.280 --> 01:43:31.280] and they look in their record, we don't have that stuff.
[01:43:31.280 --> 01:43:39.280] Once you've got it, now you have collateral estoppel.
[01:43:39.280 --> 01:43:46.280] Because once the jurisdiction has stated that they don't have authority
[01:43:46.280 --> 01:43:50.280] to enforce these laws, they're stuck with that.
[01:43:50.280 --> 01:43:56.280] Yeah, that's collateral estoppel.
[01:43:56.280 --> 01:44:01.280] If they were under statutory requirement.
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[01:46:20.280 --> 01:46:25.280] Okay, we are back.
[01:46:25.280 --> 01:46:31.280] Randy Kelton, Rule of Law Radio, and we're talking to Scott in Texas and it ran off the cliff right there.
[01:46:31.280 --> 01:46:35.280] I had a statutory requirement to run off the cliff.
[01:46:35.280 --> 01:46:40.280] Okay, I think we've kind of covered this pretty good.
[01:46:40.280 --> 01:46:47.280] Your latest document was really well written. I am pleased.
[01:46:47.280 --> 01:46:54.280] You took my abusive behavior earlier and put it to good use.
[01:46:54.280 --> 01:47:00.280] Well, I remember because I wrote up a statement of facts too, like to tell your producer,
[01:47:00.280 --> 01:47:07.280] I have turned in a lot of these criminal complaints and a lot of them went nowhere so far.
[01:47:07.280 --> 01:47:09.280] I mean, especially over in Addison.
[01:47:09.280 --> 01:47:17.280] You know, shoot, I couldn't give them away and even when mailing them, they still went nowhere.
[01:47:17.280 --> 01:47:24.280] But, you know, the case is still, I'm still going to be taking them to federal court.
[01:47:24.280 --> 01:47:34.280] You need to do an information request for each of these complaints that you filed.
[01:47:34.280 --> 01:47:39.280] So that they have to give you a response back for each one.
[01:47:39.280 --> 01:47:44.280] And they're going to look at this and think, what in the world is he doing?
[01:47:44.280 --> 01:47:51.280] And they're going to be certain he is setting us up for something and that's exactly right.
[01:47:51.280 --> 01:48:00.280] But I have yet to find a jurisdiction that was savvy enough to figure it out except for Victoria County, Texas.
[01:48:00.280 --> 01:48:04.280] I had one prosecutor who was smart.
[01:48:04.280 --> 01:48:10.280] He was reading my 17.30 request.
[01:48:10.280 --> 01:48:12.280] I'm sitting down, he's standing up.
[01:48:12.280 --> 01:48:16.280] He read part of it and he looked down at me and then he looked back at it.
[01:48:16.280 --> 01:48:20.280] He read some more, looked down at me, looked back at it.
[01:48:20.280 --> 01:48:29.280] Third time he looked at me, he said, Mr. Kelton, I get the impression this is not your first rodeo.
[01:48:29.280 --> 01:48:35.280] No, as a matter of fact, it's not my first rodeo.
[01:48:35.280 --> 01:48:39.280] That's exactly the kind of response I wanted to get.
[01:48:39.280 --> 01:48:43.280] What that told me, this guy's smart.
[01:48:43.280 --> 01:48:46.280] He's smart and he's paying attention.
[01:48:46.280 --> 01:48:48.280] He's not likely to do anything stupid.
[01:48:48.280 --> 01:48:50.280] So be careful with this guy.
[01:48:50.280 --> 01:48:52.280] But he was the only one.
[01:48:52.280 --> 01:48:55.280] Actually, I'm sorry, he's not the only one.
[01:48:55.280 --> 01:49:03.280] Several years ago, the district attorney in Henderson County, Waco,
[01:49:03.280 --> 01:49:08.280] I gave him a criminal complaint against a judge.
[01:49:08.280 --> 01:49:14.280] And I gave it to an assistant district attorney and he went back and got the boss out.
[01:49:14.280 --> 01:49:22.280] And the boss came out and he read my criminal complaint and he looked at it and he said,
[01:49:22.280 --> 01:49:25.280] you know, I asked him, what are you going to do with it?
[01:49:25.280 --> 01:49:32.280] And he said, Mr. Kelton, I get the impression that you're a man on a mission.
[01:49:32.280 --> 01:49:36.280] And I make it a point never to interfere with a man on a mission.
[01:49:36.280 --> 01:49:42.280] So I'm going to give this to the grand jury and let them do anything they want to with it.
[01:49:42.280 --> 01:49:43.280] Thank you very much.
[01:49:43.280 --> 01:49:50.280] That was the only two prosecutors that ever come across that really paid attention
[01:49:50.280 --> 01:49:52.280] other than the county that I live in.
[01:49:52.280 --> 01:49:56.280] And this guy, I've been cultivating him for 20 years.
[01:49:56.280 --> 01:49:58.280] So he knows me real well.
[01:49:58.280 --> 01:50:01.280] These two were strangers and they were smart.
[01:50:01.280 --> 01:50:08.280] You run across a guy like that, be careful because he's likely to keep up with you.
[01:50:08.280 --> 01:50:10.280] But for the most part, they don't.
[01:50:10.280 --> 01:50:15.280] And so you've filed each one of these complaints.
[01:50:15.280 --> 01:50:21.280] You put in a information request for the 1730 document on each one.
[01:50:21.280 --> 01:50:29.280] And that's going to send them to the law books trying to figure out what you mean by the 1730 request.
[01:50:29.280 --> 01:50:34.280] And anybody who wants my Texas 1730 request, just send me an email.
[01:50:34.280 --> 01:50:35.280] I'll send it to you.
[01:50:35.280 --> 01:50:41.280] If anybody wants my information request, I've got three or four standard requests.
[01:50:41.280 --> 01:50:42.280] Just send me an email.
[01:50:42.280 --> 01:50:44.280] I'll send them to you.
[01:50:44.280 --> 01:50:52.280] I have a blank request and the request that I use have been crafted over a number of years
[01:50:52.280 --> 01:50:59.280] to get around some of the shyster shenanigans these lawyers pull.
[01:50:59.280 --> 01:51:06.280] And I have four separate requests.
[01:51:06.280 --> 01:51:12.280] One is just a blank request and it has an empty section in the middle.
[01:51:12.280 --> 01:51:14.280] Where you put in whatever it is you're looking for.
[01:51:14.280 --> 01:51:21.280] The second one is a 17.30 request where I'm looking for that sealed envelope.
[01:51:21.280 --> 01:51:27.280] The third one is my scope and content request.
[01:51:27.280 --> 01:51:35.280] I use this one whenever I get a bunch of garbage from the custodian of the record
[01:51:35.280 --> 01:51:40.280] or the clerk or whoever it is, they want to give me a hard time.
[01:51:40.280 --> 01:51:47.280] The scope and content request asks for the name of every record that they keep.
[01:51:47.280 --> 01:51:53.280] Where they keep it, how they keep it, how I can request it specifically.
[01:51:53.280 --> 01:51:57.280] It's just two pages of stuff.
[01:51:57.280 --> 01:52:03.280] And they always ask me if I can narrow the scope of my complaint.
[01:52:03.280 --> 01:52:10.280] I generally get a response saying they don't know what I'm asking for.
[01:52:10.280 --> 01:52:16.280] And when I get that response I tell them, well, don't ask me, ask the legislature.
[01:52:16.280 --> 01:52:20.280] Because all of that's taken right out of the act.
[01:52:20.280 --> 01:52:26.280] These are records that are specifically made open for public inspection.
[01:52:26.280 --> 01:52:28.280] And I list them.
[01:52:28.280 --> 01:52:37.280] And it's just records, I call it substantive scope and content because I don't want any actual data.
[01:52:37.280 --> 01:52:39.280] I just want to know what records to keep.
[01:52:39.280 --> 01:52:43.280] I had Mark Autry, when he was a captain on the sheriff's department,
[01:52:43.280 --> 01:52:49.280] spend eight hours going through every record they kept.
[01:52:49.280 --> 01:52:55.280] The next time I came in with an information request I didn't have any problems.
[01:52:55.280 --> 01:53:00.280] No song and dance, no seltzer down your back.
[01:53:00.280 --> 01:53:04.280] Anyway, okay, I've got that one and I don't even remember what the fourth one is.
[01:53:04.280 --> 01:53:09.280] But if you are interested, send me an email, I'll send them to you.
[01:53:09.280 --> 01:53:13.280] I have them all in blank format so you just fill in the blanks.
[01:53:13.280 --> 01:53:15.280] Okay.
[01:53:15.280 --> 01:53:18.280] Where are we, Scott?
[01:53:18.280 --> 01:53:25.280] Oh, well, I was just wanting to get that kind of verified,
[01:53:25.280 --> 01:53:31.280] especially on, you know, naming something at the end of the paragraph
[01:53:31.280 --> 01:53:37.280] and then get all these complaints pretty well sorted together
[01:53:37.280 --> 01:53:43.280] because it's basically these guys are all in this forms up straight to RICO
[01:53:43.280 --> 01:53:48.280] and I'll print it off and go take this and stick it on the county mayor's office
[01:53:48.280 --> 01:53:58.280] or on his desk with the amended counterclaim, I mean, the amended notice to sue
[01:53:58.280 --> 01:54:03.280] and update that to double what it was last time for four hours in jail,
[01:54:03.280 --> 01:54:05.280] according to Treza Vant.
[01:54:05.280 --> 01:54:09.280] Now they're at 1.2 mil and stick that on their desk.
[01:54:09.280 --> 01:54:11.280] And then next time I have to go to court,
[01:54:11.280 --> 01:54:17.280] I'm going to be accusing everybody of committing fraud upon the court.
[01:54:17.280 --> 01:54:20.280] How do you get there?
[01:54:20.280 --> 01:54:22.280] Fraud upon the court?
[01:54:22.280 --> 01:54:23.280] Yeah.
[01:54:23.280 --> 01:54:27.280] Well, because they have, they don't have,
[01:54:27.280 --> 01:54:35.280] the officer doesn't have the authority to enforce the traffic code.
[01:54:35.280 --> 01:54:38.280] So he has no capacity in standing.
[01:54:38.280 --> 01:54:42.280] And they have already given you an information request
[01:54:42.280 --> 01:54:45.280] stating that they have no authority.
[01:54:45.280 --> 01:54:52.280] So the municipality is acting with malice of forethought.
[01:54:52.280 --> 01:54:53.280] Correct.
[01:54:53.280 --> 01:54:56.280] And then the prosecutors and cahoots with the judge
[01:54:56.280 --> 01:55:02.280] and the judge willfully, wantonly with malice and forethought
[01:55:02.280 --> 01:55:09.280] went and started prosecuting the trial with lacking absent jurisdiction.
[01:55:09.280 --> 01:55:13.280] So that makes him suable personally.
[01:55:13.280 --> 01:55:14.280] Yeah.
[01:55:14.280 --> 01:55:17.280] Because he has no jurisdiction if the person that's coming in
[01:55:17.280 --> 01:55:21.280] making the complaint has no standing.
[01:55:21.280 --> 01:55:25.280] If the person making the complaint has no standing,
[01:55:25.280 --> 01:55:31.280] then he is unable to invoke the jurisdiction of the court.
[01:55:31.280 --> 01:55:36.280] And therefore the court lacks legal capacity.
[01:55:36.280 --> 01:55:37.280] Exactly.
[01:55:37.280 --> 01:55:39.280] Now the judge has no jurisdiction
[01:55:39.280 --> 01:55:44.280] because the person that was actually making the complaint has no standing.
[01:55:44.280 --> 01:55:48.280] That's why I went ahead and turned a counterclaim in on their butt.
[01:55:48.280 --> 01:55:51.280] And now I have actually capacity in standing
[01:55:51.280 --> 01:55:56.280] to invoke the judge's jurisdiction to accept my criminal complaint.
[01:55:56.280 --> 01:56:01.280] Oh, that he absolutely had to start with.
[01:56:01.280 --> 01:56:13.280] And that, what I told the head criminal district judge in Travis County
[01:56:13.280 --> 01:56:20.280] is that I'm invoking his duty as a magistrate and Robert Hopkins
[01:56:20.280 --> 01:56:21.280] was the guy's name.
[01:56:21.280 --> 01:56:25.280] And that's a duty from which you may not shield yourself.
[01:56:25.280 --> 01:56:29.280] Well, what you're doing is you're flipping the script
[01:56:29.280 --> 01:56:32.280] and you're going from defendant to plaintiff.
[01:56:32.280 --> 01:56:35.280] I'm just going to state I'm the plaintiff in this case.
[01:56:35.280 --> 01:56:37.280] They have no capacity in standing.
[01:56:37.280 --> 01:56:39.280] They're perpetrating a fraud upon the court.
[01:56:39.280 --> 01:56:42.280] I have some criminal complaints and I'm invoking your jurisdiction
[01:56:42.280 --> 01:56:46.280] because you do have jurisdiction with me to hear this case.
[01:56:46.280 --> 01:56:49.280] And since we're here, we'll have to hear it.
[01:56:49.280 --> 01:56:50.280] That's perfect.
[01:56:50.280 --> 01:56:52.280] You're setting them up.
[01:56:52.280 --> 01:56:55.280] Make sure you get the information request for each one.
[01:56:55.280 --> 01:56:58.280] Then when you go to the federal court,
[01:56:58.280 --> 01:57:05.280] you have the evidence you need to establish your accusations.
[01:57:05.280 --> 01:57:08.280] So you'll have the facts to put on the record.
[01:57:08.280 --> 01:57:12.280] You won't be able to get around them.
[01:57:12.280 --> 01:57:16.280] Sometimes it's really great being pedantic.
[01:57:16.280 --> 01:57:20.280] Well, that's why I'm disappointed to get these damn criminal complaints
[01:57:20.280 --> 01:57:24.280] going through a factual-based science and it's short, sweet,
[01:57:24.280 --> 01:57:27.280] and concise because there's a hundred of them.
[01:57:27.280 --> 01:57:28.280] Okay.
[01:57:28.280 --> 01:57:33.280] If the rest of them are written like this one, they'll be fine.
[01:57:33.280 --> 01:57:34.280] Good.
[01:57:34.280 --> 01:57:35.280] I'm good to go then.
[01:57:35.280 --> 01:57:38.280] You are good to go.
[01:57:38.280 --> 01:57:39.280] All right.
[01:57:39.280 --> 01:57:43.280] Well, we'll talk about collateral estoppel some other time
[01:57:43.280 --> 01:57:46.280] and I'll let you go ahead and get to the next person.
[01:57:46.280 --> 01:57:47.280] Okay.
[01:57:47.280 --> 01:57:48.280] Thank you, Scott.
[01:57:48.280 --> 01:57:52.280] We're going to go to Colleen from New York.
[01:57:52.280 --> 01:57:54.280] Hello, Colleen.
[01:57:54.280 --> 01:57:55.280] Hello, Randy.
[01:57:55.280 --> 01:57:56.280] How are you?
[01:57:56.280 --> 01:57:58.280] I am good.
[01:57:58.280 --> 01:58:01.280] I sent you a rather large email.
[01:58:01.280 --> 01:58:05.280] Yes, yes, I did read the email.
[01:58:05.280 --> 01:58:08.280] Yes, that's what I was calling about.
[01:58:08.280 --> 01:58:11.280] You had touched on a lot of details of a lot of different areas,
[01:58:11.280 --> 01:58:13.280] which I really appreciate.
[01:58:13.280 --> 01:58:14.280] Okay.
[01:58:14.280 --> 01:58:15.280] We're about to go to break.
[01:58:15.280 --> 01:58:20.280] When we come back from the break, I will go into that.
[01:58:20.280 --> 01:58:25.280] In this email I sent to Colleen, there's a number of actors involved
[01:58:25.280 --> 01:58:28.280] and I wanted to make sure all of them are on the same page
[01:58:28.280 --> 01:58:31.280] and I'll explain that when we come back on the other side,
[01:58:31.280 --> 01:58:33.280] why that's so important.
[01:58:33.280 --> 01:58:35.280] This is Randy Kelton, Wheel of Law Radio.
[01:58:35.280 --> 01:58:39.280] Our call-in number is 512-646-1984.
[01:58:39.280 --> 01:58:41.280] We have a couple of slots open on the board,
[01:58:41.280 --> 01:58:44.280] so if you have a question or comment, give us a call
[01:58:44.280 --> 01:58:46.280] and we'll be right back.
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