ROL_2016-09-30_16k_Hr3-4.timecode

[00:00.000 --> 00:06.000]  The following use flash is brought to you by the Lone Star Lowdown, providing the jelly
[00:06.000 --> 00:08.000]  quillitons for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:27.000]  Markets for Wednesday, the 28th of September, 2016 are currently trading with gold at $1,321.50
[00:27.000 --> 00:34.000]  an ounce, silver $19.16 an ounce, Texas crude $44.67 a barrel, and Bitcoin is currently
[00:34.000 --> 00:42.000]  sitting at about $604 U.S. currency.
[00:42.000 --> 00:48.000]  Today in history, the year 1928, Sir Alexander Fleming notices bacteria killing mold growing
[00:48.000 --> 00:53.000]  in his laboratory, in essence discovering what later became known as penicillin.
[00:53.000 --> 01:02.000]  Today in history, in recent news, FBI Director James Comey, while being asked about the FBI
[01:02.000 --> 01:07.000]  warning sent to states in June and two successful intrusions into voter registration databases
[01:07.000 --> 01:12.000]  in Illinois and Arizona, told a House committee during an FBI oversight hearing Wednesday today
[01:12.000 --> 01:16.000]  that, quote, there have been a variety of scanning activities, which is a preamble for
[01:16.000 --> 01:21.000]  potential intrusion activities, as well as some attempted intrusions at voter database
[01:21.000 --> 01:25.000]  registrations beyond those we knew about in July and August, though he did assure that
[01:25.000 --> 01:29.000]  the actual voting systems are not connected to the Internet and are decentralized, rendering
[01:29.000 --> 01:32.000]  the hacking of any national election essentially impossible.
[01:32.000 --> 01:36.000]  He went on to say that, we are urging the states just to make sure that their dead volts
[01:36.000 --> 01:41.000]  are thrown and their locks are on and to get the best information they can just to make
[01:41.000 --> 01:45.000]  sure that their systems are secure, because there's no doubt that some bad actors have
[01:45.000 --> 01:51.000]  been poking around.
[01:51.000 --> 01:54.000]  Both the Senate and the House voted Wednesday today in favor of the Justice Against Sponsors
[01:54.000 --> 01:59.000]  of Terrorism Act, or JASTA, overruling the veto the Obama administration made last week
[01:59.000 --> 02:02.000]  and the disregarding of warnings from top Pentagon officials.
[02:02.000 --> 02:07.000]  The bill allows family members of 9-11 victims to sue Saudi Arabia for backing up the attackers,
[02:07.000 --> 02:12.000]  as outlined in the recently disclosed 28 pages of the 9-11 Commission Report.
[02:12.000 --> 02:16.000]  Obama even went as far as to send a letter to the Senate leaders on Tuesday warning that
[02:16.000 --> 02:21.000]  other countries could use JASTA to justify similar immunity exceptions to target the
[02:21.000 --> 02:22.000]  U.S.
[02:22.000 --> 02:25.000]  Political advisors are concerned that Saudi Arabia could, in response to the law, pull
[02:25.000 --> 02:30.000]  billions of dollars from the U.S. economy and persuade close allies in the Gulf Cooperation
[02:30.000 --> 02:35.000]  Council to scale back counterterrorism cooperation, investment, and U.S. access to important
[02:35.000 --> 02:37.000]  regional military bases.
[02:37.000 --> 02:42.000]  Saudi Foreign Minister Adil al-Jubeir also told reporters back in June that the U.S.
[02:42.000 --> 03:10.000]  has had the most to lose if JASTA was enacted.
[03:12.000 --> 03:37.000]  Okay, we are back, Randy Kelton, we're talking to Rodney in Texas.
[03:37.000 --> 03:43.000]  Okay, Rodney, go ahead.
[03:43.000 --> 03:47.000]  Oh, hold on.
[03:47.000 --> 03:48.000]  My bad.
[03:48.000 --> 03:51.000]  Okay, now we can hear you.
[03:51.000 --> 03:52.000]  Okay.
[03:52.000 --> 04:00.000]  Well, during the hearing in district court, the attorney general, when he began to make
[04:00.000 --> 04:10.000]  his presentation to the judge, he goes, well, this appellant, Mr. So-and-so, and he was
[04:10.000 --> 04:18.000]  referring to me, he is well known to our office.
[04:18.000 --> 04:20.000]  He's well known.
[04:20.000 --> 04:23.000]  And that kind of bothered me.
[04:23.000 --> 04:30.000]  And last night when I heard you talking about vexatious litigant, I got worried because
[04:30.000 --> 04:37.000]  I thought that this attorney general was trying to suggest to the judge that I'm a troublemaker
[04:37.000 --> 04:41.000]  or, you know, a vexatious litigant.
[04:41.000 --> 04:43.000]  And I don't want that to happen.
[04:43.000 --> 04:45.000]  I'm just trying to get justice.
[04:45.000 --> 04:52.000]  And it was obvious to me that they were also mad because, you know, they had to come down
[04:52.000 --> 04:55.000]  there and deal with, you know, a puny guy like me.
[04:55.000 --> 05:03.000]  And the first thing he does is try to paint me as being a vexatious litigant by...
[05:03.000 --> 05:06.000]  Okay, let me make a suggestion.
[05:06.000 --> 05:10.000]  File a bar grievance against him.
[05:10.000 --> 05:12.000]  That was improper.
[05:12.000 --> 05:18.000]  That should have gotten an objection relevance.
[05:18.000 --> 05:29.000]  The lawyer was intentionally trying to prejudice the court against you with irrelevant information.
[05:29.000 --> 05:32.000]  Well, I made a fundamental mistake.
[05:32.000 --> 05:35.000]  I didn't object, but I did notice I was upset.
[05:35.000 --> 05:40.000]  I said, I don't know why this guy is saying that he should, you know, why shouldn't he
[05:40.000 --> 05:46.000]  just stick with the facts, you know, the reason why we're here with the...
[05:46.000 --> 05:48.000]  You are exactly right.
[05:48.000 --> 05:49.000]  That's what he had a duty to do.
[05:49.000 --> 05:52.000]  So you should file a bar grievance against him.
[05:52.000 --> 05:57.000]  When you bar grieve this attorney, that's going to put a mark on his chart.
[05:57.000 --> 06:02.000]  And then his bosses are going to say, what is going on here?
[06:02.000 --> 06:06.000]  Why did you get this bar grievance?
[06:06.000 --> 06:09.000]  Oh, well, I blah, blah, blah, blah.
[06:09.000 --> 06:14.000]  They're probably going to dress him down really good for that.
[06:14.000 --> 06:17.000]  This is our job.
[06:17.000 --> 06:21.000]  It's our job to keep these guys in line.
[06:21.000 --> 06:23.000]  He is a paid professional.
[06:23.000 --> 06:26.000]  He knows better.
[06:26.000 --> 06:30.000]  They do this kind of thing because they think they can get away with it.
[06:30.000 --> 06:33.000]  So stinging good.
[06:33.000 --> 06:37.000]  Now he is insured by the state.
[06:37.000 --> 06:40.000]  So immediately that won't harm him.
[06:40.000 --> 06:45.000]  But if he ever leaves the attorney general's office and tries to go back into private practice,
[06:45.000 --> 06:48.000]  he's going to have himself a problem.
[06:48.000 --> 06:55.000]  You will have give him a very good object lesson.
[06:55.000 --> 07:02.000]  You want to mess with the pro se, try this on.
[07:02.000 --> 07:10.000]  And you can go to the bargrievance.website.
[07:10.000 --> 07:12.000]  I have that up.
[07:12.000 --> 07:20.000]  And on there I have a fill in the blank form that you can fill in for a bar grievance.
[07:20.000 --> 07:29.000]  And I also have the American Bar Association Model Standards and Questionnaire Format.
[07:29.000 --> 07:36.000]  You can just go down these questions and it will take you to the correct grievance,
[07:36.000 --> 07:45.000]  the standard to accuse him of violating.
[07:45.000 --> 07:50.000]  Yeah, I looked at that website and I noticed it said the number one thing
[07:50.000 --> 07:57.000]  that the bar goes after these attorneys for is incompetence.
[07:57.000 --> 07:59.000]  Yes.
[07:59.000 --> 08:05.000]  And they have a lot to go after because they're incredibly incompetent.
[08:05.000 --> 08:08.000]  So that was really stinging good.
[08:08.000 --> 08:17.000]  But I wouldn't be too concerned if you are writing well structured complaints
[08:17.000 --> 08:24.000]  and you have grounds for what you're claiming.
[08:24.000 --> 08:29.000]  They're not going to have a way to come after you for being a vexatious litigant.
[08:29.000 --> 08:35.000]  If anybody would get accused of a vexatious litigant, it would probably be me.
[08:35.000 --> 08:43.000]  I found lots of stuff and they would really, really like to stop me.
[08:43.000 --> 08:47.000]  But I have a couple of rules and if you will adhere to these rules,
[08:47.000 --> 08:53.000]  they will never get a shot at vexatious litigation.
[08:53.000 --> 09:02.000]  First rule, never make a proactive statement of law out of your own mouth.
[09:02.000 --> 09:07.000]  Never say they can't do this, they can't do that.
[09:07.000 --> 09:15.000]  Say under this statute, this verse, they can't do this.
[09:15.000 --> 09:18.000]  I ask a bailiff to arrest a judge.
[09:18.000 --> 09:20.000]  Well, why would I arrest a judge?
[09:20.000 --> 09:24.000]  Class A misdemeanor, official oppression, criminal violation,
[09:24.000 --> 09:28.000]  39.03 Texas penal code in that he failed to perform a duty.
[09:28.000 --> 09:30.000]  He was required to perform it in the process,
[09:30.000 --> 09:33.000]  and I mean the full free access to or enjoyment of a right.
[09:33.000 --> 09:35.000]  That's how you make your claims.
[09:35.000 --> 09:39.000]  If you make your claims out of the mouth of the legislature
[09:39.000 --> 09:45.000]  or out of the mouth of the courts in a court order, the case law,
[09:45.000 --> 09:51.000]  they will never get a shot at you for vexatious litigant.
[09:51.000 --> 09:53.000]  And that is exactly what I've done.
[09:53.000 --> 09:58.000]  I've laid out a writ of mandatness where I cite the Texas administrative code.
[09:58.000 --> 10:05.000]  I even cited a couple of Supreme Court decisions and some other things in there.
[10:05.000 --> 10:12.000]  It was simple, but you know, I cite, I use citations there.
[10:12.000 --> 10:15.000]  And why this judge?
[10:15.000 --> 10:18.000]  I'm thinking that maybe there's some buddy, you know,
[10:18.000 --> 10:20.000]  cronyism or something going on there.
[10:20.000 --> 10:26.000]  But you know, why he couldn't understand this mandamus, I don't know.
[10:26.000 --> 10:28.000]  But at this point, I don't hear.
[10:28.000 --> 10:31.000]  Any time they want to screw around a litigant,
[10:31.000 --> 10:39.000]  they bring in an outside judge.
[10:39.000 --> 10:44.000]  For the future, if the sitting judge is not there
[10:44.000 --> 10:52.000]  and they bring in a visiting judge, you object to him immediately.
[10:52.000 --> 10:58.000]  You get one free strike.
[10:58.000 --> 11:04.000]  You assume they brought him in specifically to rule against you.
[11:04.000 --> 11:06.000]  You tell them you want him out of here.
[11:06.000 --> 11:11.000]  You don't want any retired judge, any non-sitting judge,
[11:11.000 --> 11:15.000]  because you're just bringing those guys in to rule against me.
[11:15.000 --> 11:17.000]  They don't have to worry about their career.
[11:17.000 --> 11:20.000]  You give me a sitting judge in here.
[11:20.000 --> 11:23.000]  You know, you're exactly right.
[11:23.000 --> 11:30.000]  I said I was so uncomfortable using what I call a substitute teacher judge
[11:30.000 --> 11:32.000]  to oversee this.
[11:32.000 --> 11:36.000]  And it worked out exactly the way I thought it was going to work out.
[11:36.000 --> 11:42.000]  This judge was, he yelled at me at one point.
[11:42.000 --> 11:44.000]  What?
[11:44.000 --> 11:49.000]  He politely raised my hand and I asked the judge,
[11:49.000 --> 11:55.000]  you know, am I allowed to use my digital recorder to take notes?
[11:55.000 --> 12:02.000]  And I didn't notice that he had his head bent over reading paperwork,
[12:02.000 --> 12:05.000]  and he yelled and told me to be quiet.
[12:05.000 --> 12:08.000]  I'm busy.
[12:08.000 --> 12:10.000]  He yelled at you?
[12:10.000 --> 12:16.000]  If a judge yells at me, then we have a problem.
[12:16.000 --> 12:20.000]  I want the judge to stand down from the bench.
[12:20.000 --> 12:24.000]  He said, I'm not one of your stepchildren.
[12:24.000 --> 12:27.000]  You were here to determine the facts in accordance with the rules of evidence
[12:27.000 --> 12:30.000]  and apply the laws that comes to you with the facts in the case.
[12:30.000 --> 12:34.000]  If you have yourself an emotional attitude that you can't control,
[12:34.000 --> 12:37.000]  you need to stand down from that bench and cause to be appointed
[12:37.000 --> 12:43.000]  the competent jurist I have worked through in the first instance.
[12:43.000 --> 12:47.000]  He's a public servant.
[12:47.000 --> 12:51.000]  You, you are the master.
[12:51.000 --> 12:57.000]  This guy, they're telling me, well, we don't know when this duty judge,
[12:57.000 --> 13:03.000]  the substitute teacher judge, is going to be back in court to sign your order.
[13:03.000 --> 13:06.000]  It's been almost three weeks.
[13:06.000 --> 13:12.000]  You need to file a judicial conduct complaint against him for raising his voice to you.
[13:12.000 --> 13:16.000]  And you need to file with the Court of Appeals for a writ of mandamus
[13:16.000 --> 13:28.000]  ordering him to give you your order because you can't appeal his action until you get that order.
[13:28.000 --> 13:31.000]  This is good stuff here.
[13:31.000 --> 13:36.000]  He's denying you and your right to appeal because he hasn't given you your order.
[13:36.000 --> 13:37.000]  Yeah, exactly.
[13:37.000 --> 13:42.000]  That should get a second judicial conduct complaint.
[13:42.000 --> 13:46.000]  Where do I go to file a judicial of this conduct against this guy?
[13:46.000 --> 13:51.000]  Because I just can't let that ride the law clerk's records.
[13:51.000 --> 13:57.000]  You can find the form on the State Commission on Judicial Conduct website.
[13:57.000 --> 13:58.000]  Right.
[13:58.000 --> 14:04.000]  They've got to fill in the blank form.
[14:04.000 --> 14:09.000]  Now, they're not likely to do anything to him, but it puts a mark on his chart.
[14:09.000 --> 14:12.000]  He's almost certainly a retired judge.
[14:12.000 --> 14:17.000]  And the more complaints you get against him, the worse his record looks.
[14:17.000 --> 14:18.000]  Exactly.
[14:18.000 --> 14:19.000]  Exactly.
[14:19.000 --> 14:20.000]  That's what the clerk said.
[14:20.000 --> 14:22.000]  He's a retired judge.
[14:22.000 --> 14:25.000]  I'm like, oh my God.
[14:25.000 --> 14:26.000]  Yeah, okay.
[14:26.000 --> 14:34.000]  Remember in the future, you can strike the first judge out of hand without cause.
[14:34.000 --> 14:41.000]  And if they ever ask me why I'm striking him, it's because you brought him in specifically to be a hanging judge.
[14:41.000 --> 14:43.000]  And I don't want a hanging judge in here.
[14:43.000 --> 14:46.000]  Get him out of here.
[14:46.000 --> 14:48.000]  That's great fun.
[14:48.000 --> 14:52.000]  They need to find out you are the master.
[14:52.000 --> 14:56.000]  They're the servants, not you.
[14:56.000 --> 15:01.000]  So this guy's not the grade school principal.
[15:01.000 --> 15:06.000]  This is the guy you hired to determine the facts and apply the law.
[15:06.000 --> 15:11.000]  If he's got some other agenda, he needs to get out off the bench.
[15:11.000 --> 15:20.000]  If he's got himself some personal passion that he can't, if he's emotionally out of control, he needs to get off that bench.
[15:20.000 --> 15:26.000]  Like I said, he yelled at me and the law clerk came over to me and she apologized.
[15:26.000 --> 15:28.000]  I said, you didn't yell at me.
[15:28.000 --> 15:29.000]  He yelled at me.
[15:29.000 --> 15:33.000]  And I said, I didn't know he was busy up there.
[15:33.000 --> 15:38.000]  I raised my hand like I was in a classroom.
[15:38.000 --> 15:43.000]  And I politely asked the judge, can I use my digital recorder?
[15:43.000 --> 15:46.000]  And the guy yelled, hey, be quiet.
[15:46.000 --> 15:49.000]  I'm busy.
[15:49.000 --> 15:53.000]  I'm going to give him be quiet.
[15:53.000 --> 15:58.000]  Mr. Bayless, I need you to drag that judge down off that bench.
[15:58.000 --> 16:05.000]  He's being unnecessarily abusive and he's denying me my access to adjudicate this case.
[16:05.000 --> 16:07.000]  Jerk.
[16:07.000 --> 16:10.000]  You don't have to put up with that.
[16:10.000 --> 16:12.000]  You just don't have to put up with it.
[16:12.000 --> 16:17.000]  He's going to ask you to conduct yourself in a civil and professional manner.
[16:17.000 --> 16:19.000]  And you have a right to the same thing.
[16:19.000 --> 16:26.000]  I had a judge in the district I live in have a bailiff put his hand on my arm.
[16:26.000 --> 16:31.000]  I got my complaints back from the district attorney.
[16:31.000 --> 16:38.000]  And I will be giving notice to the grand jury myself of first degree felony aggravated assault.
[16:38.000 --> 16:42.000]  You want to have yourself a little hissy fit?
[16:42.000 --> 16:47.000]  And threaten to have me arrested by a bailiff who's wearing a pistol?
[16:47.000 --> 16:52.000]  Well, we'll see how that works out for you, bubba.
[16:52.000 --> 16:58.000]  I'm not only charging him, I'm charging the Texas Ranger and the head of the Department of Public Safety.
[16:58.000 --> 17:00.000]  Hang on.
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[19:01.000 --> 19:11.000]  You are listening to the Logos Radio Network. Logosradionetwork.com.
[19:11.000 --> 19:17.000]  Well, don't let nothing get to you. Only the father can do it for you.
[19:17.000 --> 19:23.000]  Don't let bad-minded people hurt you. Until Satan gets behind you.
[19:23.000 --> 19:27.000]  Know what I mean, my friend?
[19:27.000 --> 19:33.000]  Okay, we are back. Randy Kelton from the Radio. We're talking to Rodney and Texas.
[19:33.000 --> 19:38.000]  Rodney, do you have anything else? We kind of need to move along. We've got a whole board full of callers.
[19:38.000 --> 19:45.000]  No, but thank you for your time, your courtesy and all of your caller's patience. I'm going to continue to stay tuned.
[19:45.000 --> 19:47.000]  Thank you so much.
[19:47.000 --> 19:53.000]  Okay, thank you, Rodney. Okay, now we're going to go to Olivier in Tennessee.
[19:53.000 --> 19:55.000]  Hello, Olivier.
[19:55.000 --> 19:57.000]  Hey, how you doing, Randy?
[19:57.000 --> 20:03.000]  So did you look into vexatious litigation in Tennessee?
[20:03.000 --> 20:16.000]  No, I didn't have a chance to because we decided that the statute gave us clear remedy for false.
[20:16.000 --> 20:29.000]  Yeah, yeah. I did a cursory look into vexatious litigation in Tennessee and apparently they don't have a statute on that.
[20:29.000 --> 20:47.000]  They go for vexatious litigation under contempt of court. So that makes it far more difficult for them to be able to do vexatious litigation.
[20:47.000 --> 20:59.000]  I only brought that up because generally when somebody really starts hammering them, that's one of the tools they want to use to block you.
[20:59.000 --> 21:12.000]  But so long as you write your pleadings clearly and state facts and law, they're not going to have any grounds for it.
[21:12.000 --> 21:24.000]  It's just something you need to keep in the back of your mind to make sure that you don't give them an edge so they can try to use it.
[21:24.000 --> 21:32.000]  Okay, so habeas. How are you doing on habeas?
[21:32.000 --> 21:42.000]  I went to court today. I actually had a court date and it was funny because the first judge, they had a mix-up where they had, I guess, two courtrooms.
[21:42.000 --> 21:48.000]  I was sitting there listening to the first judge. He was talking to everybody else and everybody was talking about their license.
[21:48.000 --> 22:01.000]  I guess our city is the biggest city and has the largest amount of driver license that's been suspended for fees, of course, and everything in the state.
[22:01.000 --> 22:15.000]  So I'm sitting here listening to the judge, not yell, but telling this lady, well, the state law and they're allowed to create a license for you, then they suspend it.
[22:15.000 --> 22:21.000]  And then that's how you end up with a suspended Tennessee license even though you didn't apply for one.
[22:21.000 --> 22:26.000]  And that's how it's suspended until you pay your fine and fees.
[22:26.000 --> 22:31.000]  And I'm like, what? This guy was crazy. I'm like, okay, I'm going to go up there.
[22:31.000 --> 22:41.000]  So the judge finally calls me up there. I run up there. He's like, Mr. Libby, do you have a license? I'm like, I don't engage in transportation.
[22:41.000 --> 22:49.000]  And then he's like, well, we're going to have to set a court date for your next court date.
[22:49.000 --> 23:02.000]  I'm like, Your Honor, you just told the young lady earlier that state law says that they're allowed to create a license for you and suspend it.
[23:02.000 --> 23:07.000]  And I think that's what happened in my case. And that's why I keep on getting false in prison.
[23:07.000 --> 23:18.000]  Is there any way you could tell me what authority or statute that's under so I can go read it, so I can figure out how to fix this?
[23:18.000 --> 23:28.000]  And he's looking at me like, I'm like, what? I'm looking at him like, huh? Are you serious?
[23:28.000 --> 23:38.000]  He was like, well, the clerks handle that, and I'm not too familiar with the exact law that they use.
[23:38.000 --> 23:45.000]  I'm sitting here like, wait a minute. But he thinks you just hammered everybody else earlier talking about the state law
[23:45.000 --> 23:51.000]  that allows them to do this and do this, and you don't even know. You never read it?
[23:51.000 --> 23:58.000]  I'm like, wow, this is crazy. They are looning. So I said, okay. I said, thank you, Your Honor.
[23:58.000 --> 24:02.000]  I ran outside. I went to the clerks. I said, hey, I need this paperwork.
[24:02.000 --> 24:07.000]  They're making me look at them. They were like, what paperwork? Do you want to make a payment?
[24:07.000 --> 24:11.000]  I'm like, make a payment? Is that your program? Make a payment? Is that all you understand?
[24:11.000 --> 24:19.000]  I said, I want the law. I want the law that allows you to take payments for this or what gives the state the opportunity to do this.
[24:19.000 --> 24:25.000]  They're like, they still don't understand. I said, okay. I plan on suing the state,
[24:25.000 --> 24:29.000]  so I need the information so I can see if I'm in the wrong or the right.
[24:29.000 --> 24:33.000]  And they're like, oh, you plan on, oh, so she called the supervisor.
[24:33.000 --> 24:41.000]  Hey, Mr. Olivier said he planned on suing the state, and he wants the information for the driver's license fee.
[24:41.000 --> 24:46.000]  He's like, Mr. Olivier, we'll be out there in a few minutes.
[24:46.000 --> 24:55.000]  So two minutes later, they came out there with two copies, two copies of the information, and they gave it to the lady.
[24:55.000 --> 25:02.000]  And by this time, you know, I'm talking, so the two clerks are interested now because they realize I'm not arguing at them.
[25:02.000 --> 25:09.000]  I'm mad at the state. So they're listening to me and figuring out like, dang, the state is taking advantage of us.
[25:09.000 --> 25:13.000]  So when I take one copy, I mean, she got two.
[25:13.000 --> 25:19.000]  She gives me one, and I could tell she's so interested she can't wait to read it because she's never read it before.
[25:19.000 --> 25:22.000]  She's looking at me like, just sticking her head like, that makes sense.
[25:22.000 --> 25:27.000]  Yeah, they can't do that. They can't create no license, and that don't make no sense.
[25:27.000 --> 25:35.000]  So now I take this thing, I go read it. Man, there's nothing in there that gives them authority.
[25:35.000 --> 25:40.000]  It doesn't give them authority to change the fees into like a civil charge.
[25:40.000 --> 25:49.000]  But in the statute, it says that the state has to prove that the person has enough to pay and is able to pay,
[25:49.000 --> 25:56.000]  and is refusing to pay willingly before they are able to suspend their license
[25:56.000 --> 26:01.000]  if they applied for one underneath the state statutes.
[26:01.000 --> 26:06.000]  It says nothing about creating a license to suspend or anything.
[26:06.000 --> 26:10.000]  They are totally out of the box with everything on that perspective.
[26:10.000 --> 26:12.000]  So I'm going to say like, man, this is too much.
[26:12.000 --> 26:17.000]  They got to just wake up and attack them. It's ridiculous.
[26:17.000 --> 26:24.000]  Yeah, you definitely need to look at an attorney general suit, private attorney general suit.
[26:24.000 --> 26:27.000]  Private attorney general suit.
[26:27.000 --> 26:37.000]  Okay. There's a lot of guys in the patriot movement who seem to think they can become a private attorney general.
[26:37.000 --> 26:40.000]  No, you can't do that.
[26:40.000 --> 26:49.000]  A private attorney general suit is a name that has been given to a certain kind of suit.
[26:49.000 --> 26:57.000]  And that is where you sue for yourself and others similarly situated.
[26:57.000 --> 27:05.000]  It costs a lot for someone to hire an attorney to file a civil action, especially against a governmental agency.
[27:05.000 --> 27:20.000]  And over these traffic issues, it's just not economically feasible to hire a lawyer and pay several thousand dollars to fight a $300 ticket.
[27:20.000 --> 27:28.000]  So the courts can come in and just abuse the heck out of people, and they don't have to worry about any blowback.
[27:28.000 --> 27:44.000]  So what the courts have done, they have allowed an injured party to sue for himself and all others similarly situated.
[27:44.000 --> 27:55.000]  Since you can sue for all of these others, you can collect all those damages, and it makes it economically worthwhile to file the action.
[27:55.000 --> 27:59.000]  Are the lights coming on yet, Olivier?
[27:59.000 --> 28:03.000]  Yeah, there's over 4,000.
[28:03.000 --> 28:09.000]  And you get to sue for damages for each one of them.
[28:09.000 --> 28:15.000]  Can you keep the damages?
[28:15.000 --> 28:33.000]  So that makes it economically feasible to go after these minor issues, and it is a necessary thing so that you and I as the masters of the servants have the ability to regulate our servants.
[28:33.000 --> 28:37.000]  And that attorney general suit is designed exactly for that.
[28:37.000 --> 28:50.000]  Because when they stop people, they take them to jail. You take them to jail for a misdemeanor, which you created, and most of the people don't even know they got suspended licenses.
[28:50.000 --> 29:00.000]  They're traveling down the street, and the cops encounter them and take them to jail for a suspended license, which they knew nothing about.
[29:00.000 --> 29:05.000]  Right. And all crimes are thought crimes.
[29:05.000 --> 29:11.000]  I know we've had a bunch of guys in the patriot movement complain about crimes being thought crimes.
[29:11.000 --> 29:15.000]  Well, all crimes are thought crimes.
[29:15.000 --> 29:20.000]  It's not what you do that makes your action a crime.
[29:20.000 --> 29:25.000]  It's where you were holding your mind at the time.
[29:25.000 --> 29:35.000]  For instance, I once punched a woman upside her head with every intention of knocking her smooth out.
[29:35.000 --> 29:38.000]  It got the music to her.
[29:38.000 --> 29:44.000]  Yeah. Okay. Hang on. We'll pick this up. This is a good place to leave that. I punched a woman in her head.
[29:44.000 --> 29:49.000]  I'll explain why when I come back on the other side and why it wasn't a crime.
[29:49.000 --> 29:54.000]  It wasn't what I did. It's why I did it, how I held my mind at the time.
[29:54.000 --> 30:01.000]  Randy Kelton, Reel About Radio, we'll be right back.
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[33:16.000 --> 33:18.000]  Okay, we are back.
[33:18.000 --> 33:23.000]  Randy Kelton, Rule of Law Radio, and we're talking to Olivier in Tennessee.
[33:23.000 --> 33:27.000]  Okay, Olivier.
[33:27.000 --> 33:29.000]  Where were we?
[33:29.000 --> 33:32.000]  You were saying something about a lady punched her in the head.
[33:32.000 --> 33:33.000]  Oh, oh, yeah.
[33:33.000 --> 33:34.000]  I punched her in the head.
[33:34.000 --> 33:35.000]  I did.
[33:35.000 --> 33:36.000]  I punched her in the head.
[33:36.000 --> 33:40.000]  We were, I was down at the beach at Lake Michigan.
[33:40.000 --> 33:43.000]  Lake Michigan's real bad about riptides.
[33:43.000 --> 33:46.000]  And two or three of us got caught in a riptide.
[33:46.000 --> 33:51.000]  Well, I was 16 at the time, and I could swim like a fish.
[33:51.000 --> 33:53.000]  I was in good shape.
[33:53.000 --> 33:56.000]  So I wasn't really too concerned being caught in this riptide.
[33:56.000 --> 33:58.000]  It carries you way out.
[33:58.000 --> 34:01.000]  But a woman further out from me was in trouble.
[34:01.000 --> 34:08.000]  So I swam up to her, and when I got to her, she wrapped both arms around my throat
[34:08.000 --> 34:11.000]  and drug me, both of us, under.
[34:11.000 --> 34:14.000]  Well, I got her loose from me and came back up.
[34:14.000 --> 34:18.000]  And as soon as I hit the surface, she grabbed me again.
[34:18.000 --> 34:26.000]  So I drew back and popped her up inside the head with every intention of knocking her smooth out.
[34:26.000 --> 34:31.000]  I didn't knock her out, but she quit trying to choke me, and I brought her in.
[34:31.000 --> 34:38.000]  So did I commit a crime?
[34:38.000 --> 34:41.000]  All crimes are thought crimes.
[34:41.000 --> 34:43.000]  It's not what you do.
[34:43.000 --> 34:46.000]  It's your reason for doing them.
[34:46.000 --> 34:55.000]  You must do something with mens reis, an evil mind and a deliberate intent and an evil mind.
[34:55.000 --> 34:59.000]  An honest mistake is not a crime.
[34:59.000 --> 35:03.000]  Let's say you're getting beat on by an officer, then you fight back.
[35:03.000 --> 35:07.000]  That's not a battery on an officer.
[35:07.000 --> 35:11.000]  You have the right to resist any legal arrest.
[35:11.000 --> 35:18.000]  And yeah, you do have the right to fight back if they are using excessive force.
[35:18.000 --> 35:26.000]  However, it's probably not a good idea because they'll get more officers and decrease the force.
[35:26.000 --> 35:32.000]  I never advise people to resist police officers.
[35:32.000 --> 35:37.000]  No, it's just a reference, an understanding.
[35:37.000 --> 35:38.000]  Yeah, so you're right.
[35:38.000 --> 35:40.000]  You do have the right to fight back.
[35:40.000 --> 35:43.000]  You do have the right to protect yourself.
[35:43.000 --> 35:49.000]  I know in Texas, the statute says, I have a right to protect my person and my property.
[35:49.000 --> 35:52.000]  I have the right to use force.
[35:52.000 --> 35:55.000]  I have the right to use deadly force.
[35:55.000 --> 36:06.000]  And we have another statute that I particularly like is I have the right to protect your property
[36:06.000 --> 36:11.000]  and your person as if it were my own.
[36:11.000 --> 36:13.000]  Most states don't have that.
[36:13.000 --> 36:14.000]  That's a really good law.
[36:14.000 --> 36:16.000]  But yeah, you have a right to.
[36:16.000 --> 36:18.000]  You said most states don't have that.
[36:18.000 --> 36:21.000]  That should not be a recommendation.
[36:21.000 --> 36:26.000]  I mean, if you're American and you understand that's your right, if you want that right,
[36:26.000 --> 36:27.000]  everyone else got to have it too.
[36:27.000 --> 36:29.000]  I mean, it's common.
[36:29.000 --> 36:31.000]  That doesn't need to be written.
[36:31.000 --> 36:32.000]  Yeah, I would think that.
[36:32.000 --> 36:38.000]  But if you do that in Illinois, they'll put you in jail.
[36:38.000 --> 36:40.000]  What?
[36:40.000 --> 36:47.000]  If you try to help somebody in Washington, D.C., if somebody gets hurt and you try to help them,
[36:47.000 --> 36:49.000]  they'll put you in jail.
[36:49.000 --> 36:58.000]  If you're not a doctor or a licensed paramedic, you can't try to help somebody.
[36:58.000 --> 37:03.000]  That is absolutely insane.
[37:03.000 --> 37:14.000]  In Texas, if I stop to assist you and I do everything wrong and make everything horribly worse,
[37:14.000 --> 37:19.000]  I am absolutely immune from suit, period.
[37:19.000 --> 37:23.000]  It's called the Good Samaritan Law.
[37:23.000 --> 37:28.000]  I was driving up I-35 just north of Hillsboro.
[37:28.000 --> 37:30.000]  That's where Willie Nelson's from.
[37:30.000 --> 37:36.000]  And a car rolled across the highway in front of me so fast it was a blur.
[37:36.000 --> 37:42.000]  It rolled down into the down the embankment and stopped upside down at the bottom of the ditch.
[37:42.000 --> 37:45.000]  When it passed in front of me, I just turned and followed it.
[37:45.000 --> 37:50.000]  And by the time it stopped upside down, my car was sliding sideways.
[37:50.000 --> 37:54.000]  And I kicked the door open and ran over and jerked the door open.
[37:54.000 --> 37:57.000]  This woman's hanging in a seat belt upside down.
[37:57.000 --> 37:59.000]  Gas is pouring out all over.
[37:59.000 --> 38:00.000]  It's steaming everywhere.
[38:00.000 --> 38:02.000]  And I can't get her seat belt loose.
[38:02.000 --> 38:05.000]  And I turn around to run to my car to get something to cut it with.
[38:05.000 --> 38:08.000]  And a guy sticks a knife in my hand.
[38:08.000 --> 38:14.000]  I look back and there had to be 50 guys converging on this car.
[38:14.000 --> 38:18.000]  Guys with fire extinguishers, guys with blankets.
[38:18.000 --> 38:22.000]  It looked like a parking lot out there.
[38:22.000 --> 38:25.000]  It's one of the reasons I live in Texas.
[38:25.000 --> 38:28.000]  When I got in there, I got her belt cut loose.
[38:28.000 --> 38:31.000]  There were three or four guys in there helping me catch her and get her out.
[38:31.000 --> 38:34.000]  Now, this car, I'm afraid this thing's going to blow up.
[38:34.000 --> 38:36.000]  There's people all over it.
[38:36.000 --> 38:38.000]  And they were afraid of the same thing.
[38:38.000 --> 38:40.000]  They were saying, we've got to hurry up and get out of here.
[38:40.000 --> 38:44.000]  But even so, they were there anyway.
[38:44.000 --> 38:48.000]  And that's because we have a good Samaritan law.
[38:48.000 --> 38:54.000]  You can help people here and you don't have to worry about somebody coming back and suing you.
[38:54.000 --> 38:59.000]  I came back from Vietnam in 1970.
[38:59.000 --> 39:05.000]  The day before I left Vietnam, I went to the USO building in Saigon.
[39:05.000 --> 39:08.000]  And when I stepped in the door of the USO building,
[39:08.000 --> 39:15.000]  somebody threw a grenade up on the porch roof out front and blew a big hole in it.
[39:15.000 --> 39:23.000]  Two days later, I was downtown Chicago in full stress uniform on State Madison.
[39:23.000 --> 39:26.000]  State Madison is eight lanes both ways.
[39:26.000 --> 39:32.000]  The sidewalk is 25 feet wide and it's solid people.
[39:32.000 --> 39:39.000]  And I stood there looking around thinking, this is the scariest place on earth.
[39:39.000 --> 39:45.000]  I could fall down here and die and these people would step over me.
[39:45.000 --> 39:50.000]  And the worst part is, it would break their hearts.
[39:50.000 --> 39:54.000]  But they'd be afraid to try to help me.
[39:54.000 --> 39:58.000]  I said then, I've got to get out of here.
[39:58.000 --> 40:04.000]  Combat seemed less dangerous to me than living in Chicago did.
[40:04.000 --> 40:07.000]  But anyway, let's move along because I've got some more callers.
[40:07.000 --> 40:08.000]  Okay.
[40:08.000 --> 40:14.000]  The judge on the second sua sponte that I filed, he saw it today.
[40:14.000 --> 40:18.000]  I had it actually court date, I guess, arraignment.
[40:18.000 --> 40:20.000]  And he was looking at it.
[40:20.000 --> 40:22.000]  He was like, you filed a hate suit case?
[40:22.000 --> 40:23.000]  I was like, yeah.
[40:23.000 --> 40:32.000]  And he was like, well, I'm going to have to deny it because you're not restrained from your freedom.
[40:32.000 --> 40:34.000]  I'm not restrained from my freedom.
[40:34.000 --> 40:37.000]  I'm out on board, you know.
[40:37.000 --> 40:42.000]  Yeah, you're out now, so you're not restrained from your freedom.
[40:42.000 --> 40:48.000]  And as far as, I'm going to deny the Hector's Corpus.
[40:48.000 --> 40:58.000]  As far as providing with your attorney, well, since you was able to pay a $15,000 bond,
[40:58.000 --> 41:02.000]  the court is not going to appoint your attorney.
[41:02.000 --> 41:03.000]  You're like, what?
[41:03.000 --> 41:04.000]  Okay.
[41:04.000 --> 41:06.000]  That's probably in law.
[41:06.000 --> 41:15.000]  I know in Texas we have specific statutes that says a judge cannot consider your ability to pay a bond
[41:15.000 --> 41:20.000]  when making a determination of inability to pay.
[41:20.000 --> 41:21.000]  Absolutely forbidden.
[41:21.000 --> 41:26.000]  It's probably the same in Tennessee.
[41:26.000 --> 41:27.000]  I know.
[41:27.000 --> 41:28.000]  There's no way it's called that.
[41:28.000 --> 41:39.000]  I mean, it said that in the indigency clause, it gives specifications for that.
[41:39.000 --> 41:43.000]  But the thing I'm more concerned about is the Hector's Corpus.
[41:43.000 --> 41:50.000]  He told me, I found a ton of case file last night, which says that any restriction,
[41:50.000 --> 41:53.000]  even though when I went in the back and read the statute, it cleared it up.
[41:53.000 --> 41:59.000]  It said any whatsoever, any restriction whatsoever.
[41:59.000 --> 42:00.000]  Exactly.
[42:00.000 --> 42:03.000]  You can't leave Tennessee.
[42:03.000 --> 42:10.000]  It's imprisonment or restraint of liberty, any liberty.
[42:10.000 --> 42:11.000]  Exactly.
[42:11.000 --> 42:13.000]  And the judge knew that.
[42:13.000 --> 42:14.000]  Or exactly.
[42:14.000 --> 42:17.000]  So now, what do you mean I'm not in strength?
[42:17.000 --> 42:25.000]  It says imprisonment or that means you could be incarcerated or not incarcerated.
[42:25.000 --> 42:29.000]  So now, what court do I file these two lawsuits in?
[42:29.000 --> 42:31.000]  Because I'm ready to file.
[42:31.000 --> 42:32.000]  What?
[42:32.000 --> 42:33.000]  Okay.
[42:33.000 --> 42:37.000]  Did you file this in a district court?
[42:37.000 --> 42:41.000]  I filed one in the general session and one of them in the district.
[42:41.000 --> 42:45.000]  I filed one in general and one in district court.
[42:45.000 --> 42:46.000]  Okay.
[42:46.000 --> 42:50.000]  Then file in the court of appeals.
[42:50.000 --> 42:52.000]  File the habeas corpus?
[42:52.000 --> 42:55.000]  Yes.
[42:55.000 --> 43:00.000]  Do I just file it in the court of appeal or do I appeal the one of the two?
[43:00.000 --> 43:05.000]  I think you would appeal this to the court of appeals, but this is habeas.
[43:05.000 --> 43:07.000]  That's different.
[43:07.000 --> 43:19.000]  If it were me, I would file a habeas in the court of appeals and accuse this judge of denying you in your rights.
[43:19.000 --> 43:27.000]  It would defeat the purpose of a habeas if you would have to go through the appeal process.
[43:27.000 --> 43:29.000]  The habeas is the great rip.
[43:29.000 --> 43:31.000]  It's a rip of right.
[43:31.000 --> 43:33.000]  Everything stands down before the rip.
[43:33.000 --> 43:43.000]  If you could file a habeas and a judge dismiss it out of hand and then you would be forced to go through an appellate process,
[43:43.000 --> 43:45.000]  it would defeat the purpose of the habeas.
[43:45.000 --> 43:49.000]  I would say file the habeas in the court of appeals.
[43:49.000 --> 43:51.000]  If they don't like it, they'll tell you.
[43:51.000 --> 43:57.000]  If there's another procedure, they'll tell you.
[43:57.000 --> 43:58.000]  Okay.
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[46:15.000 --> 46:27.000]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Olivier in Tennessee.
[46:27.000 --> 46:30.000]  Okay, Olivier, where are we?
[46:30.000 --> 46:39.000]  You said you told me to file it in the appeal court because appealing a great writ would eliminate the purpose of it.
[46:39.000 --> 46:46.000]  Yes, if you have to appeal, it eliminates the remedy intended by the writ.
[46:46.000 --> 46:59.000]  And you go to this court and you accuse the district judge of denying you in your liberty by failing to properly rule on the writ.
[46:59.000 --> 47:05.000]  Right. Well, I understand what you're saying, but when I was looking at these other cases,
[47:05.000 --> 47:09.000]  it seemed like everybody else went through an appeal process.
[47:09.000 --> 47:15.000]  I would take it to the court. Let the court tell you to take it to the appeal process.
[47:15.000 --> 47:24.000]  This way you notify the court of appeals that what they're doing, because most of this is politics anyway.
[47:24.000 --> 47:30.000]  When you take this to the court of appeals and they tell you to file it through the appeals process,
[47:30.000 --> 47:39.000]  then you can make the objection that it would defeat the purpose of the writ.
[47:39.000 --> 47:44.000]  But in the meantime, the court of appeals is going to call down to the district judge and say,
[47:44.000 --> 47:49.000]  what the heck is going on here, guys? What are you getting us into?
[47:49.000 --> 47:51.000]  And in the end, it's all about the politics.
[47:51.000 --> 47:56.000]  And the district judge, because now he's getting the writ appealed,
[47:56.000 --> 48:02.000]  he's going to call down to these traffic courts and say, guys, what are you getting started?
[48:02.000 --> 48:07.000]  It's about creating politics. You just stir them up as much as you can.
[48:07.000 --> 48:09.000]  Okay.
[48:09.000 --> 48:14.000]  But I'm kind of speaking without actually knowing the law.
[48:14.000 --> 48:23.000]  I'm pretty familiar with how to write a writ and how to file a writ, but I never have had to appeal one.
[48:23.000 --> 48:24.000]  Okay.
[48:24.000 --> 48:27.000]  Okay. This is what I did.
[48:27.000 --> 48:34.000]  The one that I had on jurisprudence, I hope to get that side up again soon,
[48:34.000 --> 48:39.000]  but I filed it in Conroe and the judge denied it.
[48:39.000 --> 48:47.000]  So I added the judge to it and took it to the Texas Court of Criminal Appeals and filed it with them.
[48:47.000 --> 48:54.000]  So I didn't get any objection to me filing it directly with them.
[48:54.000 --> 49:04.000]  Okay. Okay. I've got a client. It says, duty of court, wrongful failure to grant writ.
[49:04.000 --> 49:09.000]  Now I'm trying to figure out which circuit or which court to sue the judges in.
[49:09.000 --> 49:21.000]  It says, A, it is the duty of the court or judge to act upon such application in stator, right?
[49:21.000 --> 49:23.000]  Yeah, in stator.
[49:23.000 --> 49:28.000]  In stator. Does that mean immediately today right now?
[49:28.000 --> 49:30.000]  Instantly.
[49:30.000 --> 49:33.000]  Well, they waited two, three days.
[49:33.000 --> 49:38.000]  Okay. That should get a judicial conduct complaint against the judge.
[49:38.000 --> 49:43.000]  That's the point of a habeas. Everything stands down before the habeas.
[49:43.000 --> 49:48.000]  I took this thing to Montgomery County. That's Conroe, just north of Houston.
[49:48.000 --> 49:54.000]  They were having a murder trial. They finished examining a witness.
[49:54.000 --> 49:56.000]  I went and sat down in the courtroom.
[49:56.000 --> 50:05.000]  I told the clerk, are you going to take this and give it to the judge or do I take it and give it to the judge?
[50:05.000 --> 50:13.000]  When you file a habeas, you take it to the judge right then, and that's how I did this one.
[50:13.000 --> 50:22.000]  She wanted to appoint a judge and do her little song and dance, but I knew what was coming, so I asked her, do I take this to the judge or do you take it to the judge?
[50:22.000 --> 50:27.000]  She said, I'll take it to the judge. I said, I will be sitting in the courtroom.
[50:27.000 --> 50:33.000]  That meant I wasn't here to breach any delay, and they brought it immediately.
[50:33.000 --> 50:42.000]  The court finished examining a witness. They cleared the courtroom, and the judge said, are you Randall Kelton?
[50:42.000 --> 50:47.000]  Yes, Your Honor, I am. Did you file this writ of habeas corpus? Yes, I did.
[50:47.000 --> 50:56.000]  Mr. Kelton, are you an attorney? Oh, no, Judge. I sleep well at night and keep my hands in my own pockets. Thank you very much.
[50:56.000 --> 51:01.000]  He said, well, Mr. Kelton, since you're not an attorney, I'm not going to accept this writ.
[51:01.000 --> 51:07.000]  What the hell? So I turned to the bailiff. Mr. Bailiff, did you hear that?
[51:07.000 --> 51:13.000]  Yes, Mr. Kelton, I did. Arrest that judge. Why can't you arrest a judge? Of course you can.
[51:13.000 --> 51:22.000]  Just go up there and throw the cuffs on him and drag him off to jail. And while I'm doing this, the judge sat there and kept his mouth shut.
[51:22.000 --> 51:27.000]  And I had been warned that this was the meanest judge in the district.
[51:27.000 --> 51:37.000]  So me and this bailiff have this back and forth. I told him to take his chicken suit off, and he refused to take his chicken suit off.
[51:37.000 --> 51:44.000]  And then I asked him, are you willing to go to jail for shielding from prosecution? And he went through the whole routine.
[51:44.000 --> 51:56.000]  And when he absolutely refused to act, then the judge spoke up and said, Mr. Bailiff, if Mr. Kelton doesn't leave my courtroom, you are to arrest him.
[51:56.000 --> 52:01.000]  I said, with all due respect, Your Honor, that's cheating.
[52:01.000 --> 52:09.000]  And the judge said, maybe. But he reached down, picked up his gavel, and he said, but I have the gavel.
[52:09.000 --> 52:17.000]  Good point. I turned to the bailiff. You, outside. Stormed out of the courtroom.
[52:17.000 --> 52:23.000]  That was so much fun. And then I took it straight to the Texas Court of Criminal Appeals.
[52:23.000 --> 52:29.000]  And that's a story for a different time. I wound up putting them in front of the grand jury over it.
[52:29.000 --> 52:34.000]  But I'm going to suggest take it directly to the Court of Criminal Appeals.
[52:34.000 --> 52:42.000]  Okay. Not appealing it, but taking that directly to the Court of Appeals and file it that way. All right.
[52:42.000 --> 52:47.000]  Yeah. You're not appealing. You're filing it directly with the Court of Criminal Appeals.
[52:47.000 --> 52:54.000]  Okay. Gotcha. On this part, it says, on the first part, it says, the duty of the court is the judge to act upon a statement.
[52:54.000 --> 53:04.000]  Now B says, a wrongful and willful refusal to grant the writ when properly applied for is a misdemeanor in office,
[53:04.000 --> 53:12.000]  besides subjecting the judge to damages as suit of the party agreed.
[53:12.000 --> 53:18.000]  Your law in this case is better than Texas law.
[53:18.000 --> 53:19.000]  Okay.
[53:19.000 --> 53:21.000]  That is wonderful.
[53:21.000 --> 53:25.000]  Which avenue do I go down? Because I got two of them now. I got two of them.
[53:25.000 --> 53:34.000]  Okay. Include two criminal accusations, one against each one of these. Include it with the writ.
[53:34.000 --> 53:39.000]  Make sure that they're made out and verified by a notary.
[53:39.000 --> 53:44.000]  Okay. Criminal accusation. Okay. Against each judge.
[53:44.000 --> 53:56.000]  Against each judge, under this statute, you take it with you and give it to the Court of Appeals clerk and ask the clerk,
[53:56.000 --> 54:04.000]  are you going to take this and give it to the judge or do I need to take it and give it to the judge myself?
[54:04.000 --> 54:09.000]  That tells the clerk that we're not going to play this waiting game.
[54:09.000 --> 54:12.000]  She's likely to say, well, they're in session, blah, blah, blah.
[54:12.000 --> 54:19.000]  You tell her, I don't care what they're doing. This is the great writ.
[54:19.000 --> 54:27.000]  Everything stands down before this writ. You take it to the judge or I will take it myself.
[54:27.000 --> 54:36.000]  I understand. So the great writ covers the habeas corpus, but you told me to go ahead and write out criminal accusations.
[54:36.000 --> 54:41.000]  Is that supplemented with the habeas corpus? Yes, that's attached to the habeas.
[54:41.000 --> 54:48.000]  Adjust your habeas to name these two judges in the habeas.
[54:48.000 --> 54:55.000]  Oh, as conspiring. Acting in concert and collusion.
[54:55.000 --> 54:59.000]  Oh, nasty. OK, gotcha.
[54:59.000 --> 55:05.000]  And now what you have done is you have invoked the Court of Appeals judge.
[55:05.000 --> 55:15.000]  You invoked his duty as a magistrate and asked him to hold an examining trial and issue warrants.
[55:15.000 --> 55:20.000]  OK. That's not going to make him happy.
[55:20.000 --> 55:27.000]  But what this will also help to do is now once you've been here,
[55:27.000 --> 55:36.000]  once you've made criminal accusations against this district judge, now if you get pulled over again,
[55:36.000 --> 55:40.000]  then you charge the district judge with retaliation,
[55:40.000 --> 55:48.000]  accuse him of sending this police officer to pull you over and write you this ticket.
[55:48.000 --> 55:52.000]  You talk about one unhappy district judge.
[55:52.000 --> 55:58.000]  You're going to have a judge crawling down these cops' throats big time.
[55:58.000 --> 56:05.000]  But Randy, on the criminal accusation, do I get compensated for that?
[56:05.000 --> 56:09.000]  No, no, no, no. That's separate.
[56:09.000 --> 56:15.000]  This statute said it was a crime and you also could sue them. You sue them separate.
[56:15.000 --> 56:21.000]  Right now you're just doing the habeas. You're putting the criminal complaints in in support of the habeas.
[56:21.000 --> 56:25.000]  Oh, the criminal accusation is the misdemeanor in office.
[56:25.000 --> 56:27.000]  Absolutely. That's a crime.
[56:27.000 --> 56:32.000]  OK. OK, got it. So how about the damage as suit? Which court?
[56:32.000 --> 56:36.000]  That's separate. This is criminal prosecution right now.
[56:36.000 --> 56:45.000]  You wait until the court to see what the Court of Criminal Appeals does to see if you name them or not.
[56:45.000 --> 56:49.000]  The next step is the Supreme.
[56:49.000 --> 56:51.000]  But do I keep on going?
[56:51.000 --> 56:57.000]  You keep on going. And from the state supreme, you go to the federal court.
[56:57.000 --> 57:05.000]  Well, I got enough case law from the appellate court and the supreme court to write up a document that they cannot review
[57:05.000 --> 57:08.000]  because this is their own cases.
[57:08.000 --> 57:14.000]  You're the master. They're the servants. You can walk it all the way up.
[57:14.000 --> 57:24.000]  Once you get to the federal court, if he denies it, you take it to the federal court, to the circuit court, and then you take it to the federal supreme.
[57:24.000 --> 57:30.000]  This is the great writ. Everybody's bound to the writ.
[57:30.000 --> 57:35.000]  Also, I just pile them on top of each other. I don't have to appeal it.
[57:35.000 --> 57:40.000]  No, I just keep going up.
[57:40.000 --> 57:51.000]  When you start stepping on these people in high places, you're going to terrify these people in low places.
[57:51.000 --> 57:57.000]  The higher you go, the more sensitive they get to the politics you create.
[57:57.000 --> 58:06.000]  When we come back, I'll talk about the politics I created with the Court of Criminal Appeals with a habeas.
[58:06.000 --> 58:14.000]  It was incredible, and it demonstrated to me that everything is political.
[58:14.000 --> 58:20.000]  I got all the highest judges in Texas put in front of a grand jury, and it was all politics.
[58:20.000 --> 58:27.000]  Hang on, Randy Kelton, Rule of Law Radio. I call in number 512-646-1984.
[58:27.000 --> 58:33.000]  We're going to our top of the hour break, so it's a good time to go to our logosradionetwork.com
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[01:00:00.000 --> 01:00:20.000]  The following use flash is brought to you by the Lone Star Lowdown, providing the jelly bulletins for the commodities market, today in history, news updates, and the inside scoop into the tides of the alternative.
[01:00:20.000 --> 01:00:42.000]  Markets for Wednesday, the 28th of September, 2016, are currently trading with gold at $1,321.50 an ounce, silver, $19.16 an ounce, Texas crude, $44.67 a barrel, and Bitcoin is currently sitting at about 604 U.S. currency.
[01:00:42.000 --> 01:00:58.000]  Today in history, the year 1928, Sir Alexander Fleming notices bacteria killing mold growing in his laboratory, in essence discovering what later became known as penicillin, today in history.
[01:00:58.000 --> 01:01:13.000]  In recent use, FBI Director James Comey, while being asked about the FBI warning sent to states in June and two successful intrusions into voter registration databases in Illinois and Arizona, told the House Committee during an FBI oversight hearing Wednesday today that,
[01:01:13.000 --> 01:01:33.000]  There have been a variety of scanning activities, which is a preamble for potential intrusion activities, as well as some attempted intrusions at voter database registrations, beyond those we knew about in July and August, though he did assure that the actual voting systems are not connected to the Internet and are decentralized, rendering the hacking of any national election essentially impossible.
[01:01:33.000 --> 01:01:51.000]  He's gone on to say that we are urging the states just to make sure that their deadbolts are thrown and their locks are on, and to get the best information they can, just to make sure that their systems are secure, because there's no doubt that some bad actors have been poking around.
[01:01:51.000 --> 01:02:03.000]  Both the Senate and the House voted Wednesday today in favor of the Justice Against Sponsors of Terrorism Act, or JASTA, overruling the veto the Obama administration made last week and the disregarding of warnings from top Pentagon officials.
[01:02:03.000 --> 01:02:12.000]  The bill allows family members of 9-11 victims to sue Saudi Arabia for backing up the attackers, as outlined in the recently disclosed 28 pages of the 9-11 Commission Report.
[01:02:12.000 --> 01:02:22.000]  Obama even went as far as to send a letter to the Senate leaders on Tuesday warning that other countries could use JASTA to justify similar immunity exceptions to target the U.S.
[01:02:22.000 --> 01:02:37.000]  Political advisors are concerned that Saudi Arabia could, in response to the law, pull billions of dollars from the U.S. economy and persuade close allies in the Gulf Cooperation Council to scale back counterterrorism cooperation, investment, and U.S. access to important regional military bases.
[01:02:37.000 --> 01:02:45.000]  Saudi Foreign Minister Adil al-Jubeir also told reporters back in June that the U.S. had the most to lose if JASTA was enacted.
[01:03:07.000 --> 01:03:24.000]  Okay, we are back. Randy Kelton, Real Bar Radio. And politics, this is all about politics.
[01:03:24.000 --> 01:03:36.000]  This writ that I filed, I took it to the Court of Criminal Appeals. And the Court of Criminal Appeals clerk said that in order to file a writ with them, I had to file a motion for leave to file.
[01:03:36.000 --> 01:03:45.000]  I said, screw that. This is the great writ, the writ of right. This court has no power to grant or deny leave to file.
[01:03:45.000 --> 01:03:53.000]  Well, he said he couldn't take it without it, and it wasn't my fight. I'm trying to get this kid out of jail. So I filed a motion for leave to file.
[01:03:53.000 --> 01:04:05.000]  They denied it immediately. So I made up a set of criminal complaints against all 15 judges of the Court of Criminal Appeals and took it to the district attorney, and he refused to act on it.
[01:04:05.000 --> 01:04:16.000]  So I came back and went straight to the bailiff for the grand jury and told the bailiff to instruct the form that I have business with the grand jury.
[01:04:16.000 --> 01:04:27.000]  She said, may I tell him the nature of the business? Yes, you can. Give him these. And I gave her 12 packets. He gave it to the district attorney instead.
[01:04:27.000 --> 01:04:38.000]  I finally had to bushwhack the head criminal district judge, Bob Perkins, in his courtroom when he's having motion hearings, and I pulled the red folder treatment on him,
[01:04:38.000 --> 01:04:44.000]  called the bailiff over and told the bailiff, my name's Randall Kelton, instruct the judge that I have business with the court.
[01:04:44.000 --> 01:04:52.000]  And the bailiff said, may I tell him the nature of the business? I said, no, you may not. I have business with the court and if none of you are dismissed.
[01:04:52.000 --> 01:04:57.000]  And I went and sat down. Well, the bailiff was just a little bit furious.
[01:04:57.000 --> 01:05:06.000]  He ran up to the judge and jibber jabber jibber to the judge and judge whispers back to him and looks out at me sitting here holding this red folder.
[01:05:06.000 --> 01:05:11.000]  And the judge just can't help himself. He's got to know what's in it.
[01:05:11.000 --> 01:05:18.000]  He finished his motion hearings. He said, Mr. Kelton, I understand you have business with court. Yes, Your Honor, I do. And I held up the folder.
[01:05:18.000 --> 01:05:26.000]  May I approach? That means can I give you these documents? He said, well, come on up because he's having the hearings right at his bench.
[01:05:26.000 --> 01:05:30.000]  I walked up, handed him the folder. He opened it.
[01:05:30.000 --> 01:05:45.000]  He's looking at criminal charges against the district attorney, accusing the district attorney of shielding all the highest judges in Texas from prosecution.
[01:05:45.000 --> 01:05:51.000]  And the look on his face told me that he just saw his whole career pass before his eyes.
[01:05:51.000 --> 01:05:55.000]  He said, well, Mr. Kelton, these are criminal complaints. Yes, Your Honor, they are.
[01:05:55.000 --> 01:06:01.000]  He said, I'm a district judge and district judges in Travis County don't take criminal complaints.
[01:06:01.000 --> 01:06:05.000]  I said, oh, that's OK, Judge. I'm not here to invoke your duty as a district judge.
[01:06:05.000 --> 01:06:12.000]  I'm here to invoke your duty as a magistrate. And that's a duty from which you may not shield yourself.
[01:06:12.000 --> 01:06:20.000]  And he sat back in his seat. I know he was thinking, if I have to bail if shoot this guy, can I get away with it?
[01:06:20.000 --> 01:06:25.000]  The upshot was he got that to the district clerk.
[01:06:25.000 --> 01:06:35.000]  And then right after that, I contacted the district attorney and she agreed to give them to the grand jury.
[01:06:35.000 --> 01:06:44.000]  The grand jury got the complaints the first day in office was April 1st, April Fool's Day, appropriate time.
[01:06:44.000 --> 01:06:50.000]  And on their last day in office, they no build them. And these were three month grand juries.
[01:06:50.000 --> 01:07:01.000]  So this court of criminal appeals, all 15 of those judges spent three months wondering if their careers were going to end tomorrow.
[01:07:01.000 --> 01:07:10.000]  And I thought it was my eloquent oratory and all the pressure I put on them by hammering them all over the place.
[01:07:10.000 --> 01:07:18.000]  It wasn't any of that. Ron Earl, 25 year district attorney. He's not running for office again.
[01:07:18.000 --> 01:07:24.000]  He's retiring. He's a Democrat. All 15 of these judges are Republicans.
[01:07:24.000 --> 01:07:33.000]  He used my complaints as political cannon fodder to try to take out all these judges with him.
[01:07:33.000 --> 01:07:38.000]  Olivier, that's a very important lesson to learn.
[01:07:38.000 --> 01:07:45.000]  It's not what you will do that frightens these guys in higher places.
[01:07:45.000 --> 01:07:56.000]  What they're afraid of is one of their political opponents will take what you're doing and use it to clobber them with.
[01:07:56.000 --> 01:08:06.000]  That's what's most powerful. And that's why you want to move it around to as many high level officials as you can.
[01:08:06.000 --> 01:08:19.000]  Get them all stirred up because they don't know which ones out there after them. The higher up you are, the more people are out there after your job.
[01:08:19.000 --> 01:08:34.000]  So the more sensitive you are to accusations against yourself, because even if the accusation is unfounded, your next election, your opponent is going to use it against you.
[01:08:34.000 --> 01:08:38.000]  It's all political.
[01:08:38.000 --> 01:08:48.000]  Okay. One more question before I go. You haven't answered yet. Which avenue do I take when I get ready to sue them?
[01:08:48.000 --> 01:08:54.000]  Oh, you just sue that in a district court. Well, either. It depends.
[01:08:54.000 --> 01:08:59.000]  The district judge and the general session judge in district court.
[01:08:59.000 --> 01:09:04.000]  Yeah, they'll have to appoint a judge. It depends.
[01:09:04.000 --> 01:09:14.000]  Actually, you will probably want to sue in the federal court because the rule is take the state to the Fed and the Fed to the state.
[01:09:14.000 --> 01:09:20.000]  So if you're suing state officials, you want to sue them in the federal court for procedural due process.
[01:09:20.000 --> 01:09:24.000]  Procedural due process always gets you in the Fed.
[01:09:24.000 --> 01:09:34.000]  18 U.S. Code 242. I'm sorry. 42 U.S. Code 1983. Ku Klux Klan Act.
[01:09:34.000 --> 01:09:39.000]  Can you say it one more time?
[01:09:39.000 --> 01:09:46.000]  The Ku Klux Klan Act of 1871. How far are you from Pulaski, Texas?
[01:09:46.000 --> 01:09:48.000]  That's very far.
[01:09:48.000 --> 01:10:06.000]  That is the birthplace of the Klan. After the Civil War, during the Reconstruction, the North left most of the mayors and constables and sheriffs in place so that they didn't have chaos and gave them new instructions.
[01:10:06.000 --> 01:10:15.000]  And they told those Yankee carpet baggers to go scratch. So 1871, they passed the Ku Klux Klan Act.
[01:10:15.000 --> 01:10:30.000]  The second half of the Ku Klux Klan Act made public officials suable if they failed to perform a duty they were required to perform or exerted or purported to exert an authority they didn't have and denied a citizen and a right.
[01:10:30.000 --> 01:10:40.000]  That's the second half. The first half of the Ku Klux Klan Act made it a crime, and that's been codified under 18 U.S. Code 242.
[01:10:40.000 --> 01:10:52.000]  So you can charge them under 18 U.S. Code 242 criminally, then you can sue them under 42 U.S. Code 1983 civilly.
[01:10:52.000 --> 01:10:57.000]  So probably your best bet is to sue the state and the federal court.
[01:10:57.000 --> 01:11:02.000]  So criminally is 18 U.S.D. 18242.
[01:11:02.000 --> 01:11:07.000]  Yes, you should have that memorized. That is a catch-all.
[01:11:07.000 --> 01:11:16.000]  You will have a similar statute in Tennessee that's probably labeled official misconduct.
[01:11:16.000 --> 01:11:18.000]  Yeah, we have that.
[01:11:18.000 --> 01:11:23.000]  Okay, that's going to be a reflection of 18 U.S. Code 242.
[01:11:23.000 --> 01:11:24.000]  Okay.
[01:11:24.000 --> 01:11:26.000]  It's kind of a catch-all.
[01:11:26.000 --> 01:11:43.000]  So yeah, I would look at suing them. Initially, you charge them criminally in the state and let each state official shield the one below him from prosecution by refusing to do their duty as a magistrate.
[01:11:43.000 --> 01:11:59.000]  If you put this in the hands of the Court of Criminal Appeals and they don't act, then you name all of them and file all of them against all of them with the state supreme court, chief justice of the state supreme court.
[01:11:59.000 --> 01:12:17.000]  You send him the habeas or her, whichever, and the criminal complaints against all these other guys and you accuse the Court of Criminal Appeals justices of failing to perform their duty as a magistrate and in the process denying you the full free access to enjoyment of right.
[01:12:17.000 --> 01:12:23.000]  So the supreme guy gets it. He knows what you're going to do to him.
[01:12:23.000 --> 01:12:26.000]  So it puts him in the spot.
[01:12:26.000 --> 01:12:33.000]  And then once you've got the supreme court, then you go to the file it with the fence.
[01:12:33.000 --> 01:12:37.000]  And nobody's going to want to prosecute these.
[01:12:37.000 --> 01:12:40.000]  But that's okay. You don't care.
[01:12:40.000 --> 01:12:44.000]  You're just going to create more politics.
[01:12:44.000 --> 01:12:47.000]  More cannon fodder for their political enemies.
[01:12:47.000 --> 01:12:50.000]  So yeah, go ahead and mess with me.
[01:12:50.000 --> 01:12:56.000]  Said, I'll give your political enemies something to crucify you with.
[01:12:56.000 --> 01:12:59.000]  I'm going to let you go so you can get someone else.
[01:12:59.000 --> 01:13:01.000]  Okay, thank you.
[01:13:01.000 --> 01:13:03.000]  I'll go over everything. Thank you.
[01:13:03.000 --> 01:13:10.000]  Okay, now we're going to go to truth and truth Raider in Oregon.
[01:13:10.000 --> 01:13:12.000]  Hello, truth.
[01:13:12.000 --> 01:13:14.000]  Should I call you truth or Raider?
[01:13:14.000 --> 01:13:15.000]  Well, they go.
[01:13:15.000 --> 01:13:18.000]  They go hand in hand truth Raider.
[01:13:18.000 --> 01:13:21.000]  Oh, okay.
[01:13:21.000 --> 01:13:23.000]  Hey, Randy, real quick one here.
[01:13:23.000 --> 01:13:32.000]  Well, it seems to be the sixth time with the charm for me won the sixth case of the same traffic or alleged traffic offenses.
[01:13:32.000 --> 01:13:34.000]  Whoa, hold on.
[01:13:34.000 --> 01:13:37.000]  Is it the same accusation?
[01:13:37.000 --> 01:13:40.000]  Yes, for every single one.
[01:13:40.000 --> 01:13:45.000]  Okay, that should get a suit for malicious prosecution.
[01:13:45.000 --> 01:13:48.000]  Right. This is my question though, Randy.
[01:13:48.000 --> 01:13:54.000]  Can I put, even though I didn't win the first five of them, the sixth one I did win.
[01:13:54.000 --> 01:13:55.000]  Okay, hold on.
[01:13:55.000 --> 01:13:56.000]  I'm sorry. That's different.
[01:13:56.000 --> 01:14:00.000]  You won the sixth one, not the other five.
[01:14:00.000 --> 01:14:05.000]  Olivier, who was just on, he won.
[01:14:05.000 --> 01:14:07.000]  He's had, I think, eight.
[01:14:07.000 --> 01:14:12.000]  He's got three still working, but he won the first five.
[01:14:12.000 --> 01:14:17.000]  That makes all of them malicious prosecution.
[01:14:17.000 --> 01:14:20.000]  Yeah, he's got a better batting average than I have.
[01:14:20.000 --> 01:14:24.000]  I think I'm batting maybe 15% or something, 15, 20%.
[01:14:24.000 --> 01:14:27.000]  Well, my batting average is not very good either.
[01:14:27.000 --> 01:14:29.000]  No.
[01:14:29.000 --> 01:14:32.000]  Well, we're all learning together there.
[01:14:32.000 --> 01:14:40.000]  So, you know, I'm now in the shoes that you were in when you first started, I suppose.
[01:14:40.000 --> 01:14:45.000]  But, you know, we create lots of nifty politics.
[01:14:45.000 --> 01:14:46.000]  Yeah.
[01:14:46.000 --> 01:14:53.000]  The last couple of tickets I got never got before the judge.
[01:14:53.000 --> 01:14:54.000]  Oh, wow.
[01:14:54.000 --> 01:14:57.000]  They dropped them before they ever got there.
[01:14:57.000 --> 01:14:58.000]  The last one.
[01:14:58.000 --> 01:14:59.000]  That's doing good.
[01:14:59.000 --> 01:15:02.000]  They ordered me to be in court for a pre-trial hearing and I didn't show up.
[01:15:02.000 --> 01:15:05.000]  I got my days mixed up.
[01:15:05.000 --> 01:15:08.000]  So, what does the prosecutor do?
[01:15:08.000 --> 01:15:12.000]  He dismissed it.
[01:15:12.000 --> 01:15:16.000]  The chief of police told him to.
[01:15:16.000 --> 01:15:18.000]  And I was upset.
[01:15:18.000 --> 01:15:19.000]  What?
[01:15:19.000 --> 01:15:20.000]  You dismissed it?
[01:15:20.000 --> 01:15:25.000]  Heck, we were just getting to the fun part.
[01:15:25.000 --> 01:15:27.000]  Yeah, that's right.
[01:15:27.000 --> 01:15:30.000]  You're going to be, you're going to more than likely win anyway.
[01:15:30.000 --> 01:15:32.000]  You can't go in there.
[01:15:32.000 --> 01:15:37.000]  This chief of police, I saw him one day and he said, what were you doing in Wichita Falls?
[01:15:37.000 --> 01:15:40.000]  Wichita Falls is 100 miles away.
[01:15:40.000 --> 01:15:42.000]  I said, you know about that?
[01:15:42.000 --> 01:15:44.000]  Oh, yeah, I know about that.
[01:15:44.000 --> 01:15:46.000]  The chief of police called me.
[01:15:46.000 --> 01:15:47.000]  Oh, he did.
[01:15:47.000 --> 01:15:48.000]  He said, yeah.
[01:15:48.000 --> 01:15:50.000]  He asked me if you were crazy.
[01:15:50.000 --> 01:15:52.000]  I said, what did you tell him?
[01:15:52.000 --> 01:15:55.000]  He certainly is.
[01:15:55.000 --> 01:15:58.000]  But if he tells you something about law, pay attention.
[01:15:58.000 --> 01:16:00.000]  He knows his law.
[01:16:00.000 --> 01:16:03.000]  So, I'll take crazy as long as I get to the other part.
[01:16:03.000 --> 01:16:10.000]  But he didn't want to, he's the one I requested their authorization to enforce the traffic code.
[01:16:10.000 --> 01:16:18.000]  And he sent me back that he couldn't supply me with what I asked for because they don't enforce the traffic code.
[01:16:18.000 --> 01:16:20.000]  That'll work.
[01:16:20.000 --> 01:16:23.000]  Now try to prosecute me on that one.
[01:16:23.000 --> 01:16:25.000]  So that's, and then they dropped it.
[01:16:25.000 --> 01:16:26.000]  Okay, go ahead.
[01:16:26.000 --> 01:16:27.000]  I kind of interrupt you.
[01:16:27.000 --> 01:16:28.000]  Yeah.
[01:16:28.000 --> 01:16:29.000]  No worries.
[01:16:29.000 --> 01:16:35.000]  So that's in Wichita Falls, that thicker region in Texas, in East Texas, so they don't.
[01:16:35.000 --> 01:16:38.000]  No, Wichita Falls was just one.
[01:16:38.000 --> 01:16:47.000]  Randall County, Amarillo, I forget what county, Wichita County, Wichita Falls, Stevens County, Victoria County,
[01:16:47.000 --> 01:17:00.000]  Henderson County's Waco, Waco and Belden, which is just south of Temple.
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[01:19:24.000 --> 01:19:25.000]  Randy, we are back.
[01:19:25.000 --> 01:19:27.000]  Randy Kelton, Rural Law Radio.
[01:19:27.000 --> 01:19:31.000]  I kind of fell off the cliff there trying to name the counties that I have annoyed.
[01:19:31.000 --> 01:19:36.000]  I have a whole folder on jurisdictions I have annoyed.
[01:19:36.000 --> 01:19:42.000]  So now, Wichita Falls is one of the least offensive places I hammered.
[01:19:42.000 --> 01:19:44.000]  Anyway, okay.
[01:19:44.000 --> 01:19:45.000]  Okay, Truth.
[01:19:45.000 --> 01:19:46.000]  Go ahead.
[01:19:46.000 --> 01:19:47.000]  All right, Randy.
[01:19:47.000 --> 01:19:51.000]  This is Truth Radio, Northwest Truth here with Randy at Rural Law Radio.
[01:19:51.000 --> 01:19:58.000]  And my question for Randy tonight is, the six cases that I had to deal with,
[01:19:58.000 --> 01:20:02.000]  all the same thing, driving while suspended, suspended registration,
[01:20:02.000 --> 01:20:04.000]  and no proof of insurance.
[01:20:04.000 --> 01:20:09.000]  The first five of them I did lose, but the sixth one became my charm.
[01:20:09.000 --> 01:20:10.000]  I won the sixth one.
[01:20:10.000 --> 01:20:11.000]  Okay.
[01:20:11.000 --> 01:20:14.000]  How did you win the sixth one?
[01:20:14.000 --> 01:20:17.000]  Well, I used the right instrument.
[01:20:17.000 --> 01:20:23.000]  And Eddie Craig, he sent it to me.
[01:20:23.000 --> 01:20:26.000]  It's the script I was supposed to use for the first five, but I failed to do so.
[01:20:26.000 --> 01:20:27.000]  And I failed to understand.
[01:20:27.000 --> 01:20:34.000]  It took me a good year to figure out if this is going to be the correct argument.
[01:20:34.000 --> 01:20:38.000]  And it turns out that the correct argument to use is the subject matter jurisdiction
[01:20:38.000 --> 01:20:43.000]  of the police officer's traffic stop and his ability to have jurisdiction
[01:20:43.000 --> 01:20:47.000]  to initiate the traffic stop in the first place without a warrant.
[01:20:47.000 --> 01:20:56.000]  So when I was able to submit that at the right time in the sixth case,
[01:20:56.000 --> 01:21:00.000]  I guess you could call it, or whatever, the sixth charge of these three
[01:21:00.000 --> 01:21:06.000]  of the same charging instruments that they use in their uniform citation,
[01:21:06.000 --> 01:21:10.000]  I used the script for the subject matter jurisdiction,
[01:21:10.000 --> 01:21:13.000]  challenging the officer's jurisdiction to be able to even the traffic stop
[01:21:13.000 --> 01:21:16.000]  in the first place without a crime, without a warrant, without a complaint,
[01:21:16.000 --> 01:21:19.000]  without our tickable probable cause.
[01:21:19.000 --> 01:21:21.000]  And that stuck.
[01:21:21.000 --> 01:21:24.000]  For some reason, that made them think a little bit about it.
[01:21:24.000 --> 01:21:27.000]  Should we continue with this since I was getting a little bit better
[01:21:27.000 --> 01:21:31.000]  and better each and every time that I was appearing before these judges?
[01:21:31.000 --> 01:21:35.000]  And I guess they made the decision that, well, I'm too much trouble
[01:21:35.000 --> 01:21:37.000]  with one thing or the other.
[01:21:37.000 --> 01:21:41.000]  I don't know, but they decided to go ahead and go ahead
[01:21:41.000 --> 01:21:44.000]  and have the trial cancelations as they were going to send the trial.
[01:21:44.000 --> 01:21:49.000]  And then along with that, they attached the motion in order to dismiss.
[01:21:49.000 --> 01:21:54.000]  I suspect that somebody looked at it and said,
[01:21:54.000 --> 01:22:00.000]  you know, this guy's challenging subject matter jurisdiction.
[01:22:00.000 --> 01:22:03.000]  That means he can sue you personally.
[01:22:03.000 --> 01:22:05.000]  Correct.
[01:22:05.000 --> 01:22:08.000]  And these municipal judges didn't want to wind up there.
[01:22:08.000 --> 01:22:12.000]  And the fact that you've been back and they see you,
[01:22:12.000 --> 01:22:14.000]  they know you're going to keep coming at them,
[01:22:14.000 --> 01:22:17.000]  there's a very good chance that they've instructed the police
[01:22:17.000 --> 01:22:21.000]  not to write you anymore.
[01:22:21.000 --> 01:22:22.000]  I haven't been stopped.
[01:22:22.000 --> 01:22:28.000]  I've got followed two times and both times after following,
[01:22:28.000 --> 01:22:35.000]  I'm a tail bumper using their LRP technology or license reading technology
[01:22:35.000 --> 01:22:38.000]  that they have in their system.
[01:22:38.000 --> 01:22:40.000]  They pulled away.
[01:22:40.000 --> 01:22:48.000]  Probably got this little flag up there that says, do not cite.
[01:22:48.000 --> 01:22:50.000]  Right.
[01:22:50.000 --> 01:22:52.000]  I'm starting to feel pretty good about that.
[01:22:52.000 --> 01:22:56.000]  It's a great victory for myself and not just for myself,
[01:22:56.000 --> 01:22:58.000]  but for everyone else out there.
[01:22:58.000 --> 01:23:02.000]  Anybody who hears this in Oregon, if they're listening to the show tonight,
[01:23:02.000 --> 01:23:03.000]  they can pick me up.
[01:23:03.000 --> 01:23:04.000]  Exactly.
[01:23:04.000 --> 01:23:06.000]  And that's wonderful that you stay after them.
[01:23:06.000 --> 01:23:09.000]  After five losses, still stay after them.
[01:23:09.000 --> 01:23:11.000]  That's wonderful.
[01:23:11.000 --> 01:23:12.000]  Yeah.
[01:23:12.000 --> 01:23:17.000]  Either you're dedicated or hard-headed.
[01:23:17.000 --> 01:23:21.000]  Well, they're both.
[01:23:21.000 --> 01:23:23.000]  Hard-headed and dedicated.
[01:23:23.000 --> 01:23:24.000]  Good.
[01:23:24.000 --> 01:23:25.000]  This is what we need.
[01:23:25.000 --> 01:23:27.000]  This is how we fix this system.
[01:23:27.000 --> 01:23:30.000]  One court at a time, one case at a time,
[01:23:30.000 --> 01:23:34.000]  and if we can get enough people to recognize this,
[01:23:34.000 --> 01:23:38.000]  if you can get a couple other guys in your area doing this,
[01:23:38.000 --> 01:23:42.000]  they'll get a couple more doing it and we'll get this system back.
[01:23:42.000 --> 01:23:43.000]  Exactly.
[01:23:43.000 --> 01:23:47.000]  Now, what I wanted to do is I wanted to start something on a grassroots campaign here,
[01:23:47.000 --> 01:23:53.000]  and I was trying to contact that because the fellow that works there
[01:23:53.000 --> 01:23:56.000]  or manages, I guess, the store for her own Dietrich,
[01:23:56.000 --> 01:23:59.000]  they're at Brave New Books.
[01:23:59.000 --> 01:24:01.000]  John Bush was mentioning this.
[01:24:01.000 --> 01:24:03.000]  I attended class back in June.
[01:24:03.000 --> 01:24:09.000]  I attended Eddie's Sunday class back there in June down there at Brave New Books.
[01:24:09.000 --> 01:24:14.000]  And before, when he came in to introduce and host the start of the show,
[01:24:14.000 --> 01:24:20.000]  he mentioned about something about a program they were initiating,
[01:24:20.000 --> 01:24:25.000]  and I asked them would this be nationwide, a program where all of, you know,
[01:24:25.000 --> 01:24:30.000]  in my state, I could have something where I have a communications line,
[01:24:30.000 --> 01:24:32.000]  something like this with some type of a communication line.
[01:24:32.000 --> 01:24:40.000]  When you get traffic stuff, you can alert the network of the fighters
[01:24:40.000 --> 01:24:45.000]  before your traveling rights to be able to contact them
[01:24:45.000 --> 01:24:50.000]  and let them know what your situation is and be able to...
[01:24:50.000 --> 01:24:55.000]  There was a lot about that for a while, but it seems to have kind of died down.
[01:24:55.000 --> 01:24:58.000]  They were setting that up in Austin,
[01:24:58.000 --> 01:25:03.000]  but I haven't heard anything of it in quite a while.
[01:25:03.000 --> 01:25:07.000]  I was interested in doing that, getting something going here
[01:25:07.000 --> 01:25:17.000]  where we can have a coalition of, you know, of us patriots and right to travelers
[01:25:17.000 --> 01:25:23.000]  network where we can all together, when anybody gets stoppers in trouble,
[01:25:23.000 --> 01:25:27.000]  we can go to their aid and, you know, have remedies for them.
[01:25:27.000 --> 01:25:34.000]  We need an app that you can initiate the app and it will call them.
[01:25:34.000 --> 01:25:43.000]  I have a design for an emergency app that is attached to the interferometer on the phone.
[01:25:43.000 --> 01:25:50.000]  So you can take the phone and shake it and the app will come on.
[01:25:50.000 --> 01:25:54.000]  I would go into detail on it, but we're running short of time.
[01:25:54.000 --> 01:25:57.000]  We still have two, three more callers, so I won't waste time with that.
[01:25:57.000 --> 01:26:02.000]  But I was working on an app for that purpose.
[01:26:02.000 --> 01:26:06.000]  If you get stopped, if you just shake it and the phone comes on
[01:26:06.000 --> 01:26:12.000]  and you tell them traffic stop and it will call everybody in your network.
[01:26:12.000 --> 01:26:17.000]  It will turn on your live streaming audio and video
[01:26:17.000 --> 01:26:21.000]  and then shut your screen off so they can't tell you're recording.
[01:26:21.000 --> 01:26:23.000]  But it will live stream it out.
[01:26:23.000 --> 01:26:25.000]  I'm trying to get this app built.
[01:26:25.000 --> 01:26:27.000]  That's what I want to do here.
[01:26:27.000 --> 01:26:32.000]  That's something where we can get that arrangement, that particular program,
[01:26:32.000 --> 01:26:35.000]  to be put into effect.
[01:26:35.000 --> 01:26:41.000]  So anyway, the question is now, since I won this sixth one,
[01:26:41.000 --> 01:26:45.000]  is there any way I can retroactively go back and bundle all these cases together,
[01:26:45.000 --> 01:26:49.000]  use this in my lawsuits in the future?
[01:26:49.000 --> 01:26:53.000]  Subject matter jurisdiction can be challenged at any time,
[01:26:53.000 --> 01:26:57.000]  no matter how remote in history.
[01:26:57.000 --> 01:26:58.000]  Okay.
[01:26:58.000 --> 01:27:02.000]  So even if I've been maliciously prosecuted for the first five,
[01:27:02.000 --> 01:27:07.000]  I could use the six as an anchor and go back and use that
[01:27:07.000 --> 01:27:13.000]  and reference that as well and go back and have a chance to be able to sue the county,
[01:27:13.000 --> 01:27:15.000]  because that's what I'm dealing with.
[01:27:15.000 --> 01:27:18.000]  I think I'm at the county level right now, county and state perhaps,
[01:27:18.000 --> 01:27:25.000]  to get that involved too and sue for the first five malicious prosecutions.
[01:27:25.000 --> 01:27:26.000]  Exactly.
[01:27:26.000 --> 01:27:35.000]  As evidence that, hey, I found out the secret or the correct argument
[01:27:35.000 --> 01:27:41.000]  that makes the sixth one fall apart and use that retroactively to knock down the first five as well
[01:27:41.000 --> 01:27:45.000]  and then have a claim because of the first five,
[01:27:45.000 --> 01:27:49.000]  they're charging me a tremendous amount of money for each and every one of these malicious prosecutions
[01:27:49.000 --> 01:27:51.000]  that they had in the first five.
[01:27:51.000 --> 01:27:56.000]  I can go back and sue them for that, for the harassment,
[01:27:56.000 --> 01:28:00.000]  the letters that I got in the mail and the fines and everything.
[01:28:00.000 --> 01:28:08.000]  This goes to everything's politics, everything's political, and follow the money.
[01:28:08.000 --> 01:28:13.000]  You're not the only one they've done this to.
[01:28:13.000 --> 01:28:23.000]  So you might look at suing in your behalf and on your behalf of all others similarly situated.
[01:28:23.000 --> 01:28:24.000]  Okay.
[01:28:24.000 --> 01:28:27.000]  Crank the number up really big.
[01:28:27.000 --> 01:28:30.000]  Okay. All right.
[01:28:30.000 --> 01:28:35.000]  Give them the reason to make a deal to get you to go away.
[01:28:35.000 --> 01:28:36.000]  Okay.
[01:28:36.000 --> 01:28:45.000]  Now, I need to go to my county circuit court first to start the procedure, the process of filing this particular lawsuit.
[01:28:45.000 --> 01:28:46.000]  Yeah, it depends on it.
[01:28:46.000 --> 01:28:52.000]  If you charge a large amount, then I'm not sure what the courts are called.
[01:28:52.000 --> 01:28:57.000]  What's the highest state court, trial court in Oregon?
[01:28:57.000 --> 01:28:59.000]  The Court of Appeals is what?
[01:28:59.000 --> 01:29:01.000]  No, the highest trial court.
[01:29:01.000 --> 01:29:03.000]  The highest trial court.
[01:29:03.000 --> 01:29:11.000]  Here we've got justices of the peace, county courts, district courts, and then Court of Appeals.
[01:29:11.000 --> 01:29:13.000]  I think it's going to be the district court.
[01:29:13.000 --> 01:29:14.000]  Okay.
[01:29:14.000 --> 01:29:19.000]  I remember hearing that recollection when I was going to appeal to the highest court.
[01:29:19.000 --> 01:29:21.000]  One of the judges said it was a district court.
[01:29:21.000 --> 01:29:22.000]  Okay.
[01:29:22.000 --> 01:29:28.000]  If you claim a large dollar amount, you would file your suit in the district court.
[01:29:28.000 --> 01:29:29.000]  District court.
[01:29:29.000 --> 01:29:30.000]  Okay.
[01:29:30.000 --> 01:29:39.000]  You might look at claiming a procedural due process violation and take it straight to the Fed.
[01:29:39.000 --> 01:29:40.000]  Take it straight to the Fed.
[01:29:40.000 --> 01:29:43.000]  That'd be Title 42.
[01:29:43.000 --> 01:29:46.000]  Yeah, the 42 U.S. Code 1983.
[01:29:46.000 --> 01:29:47.000]  Okay.
[01:29:47.000 --> 01:29:48.000]  Hang on.
[01:29:48.000 --> 01:29:49.000]  About to go to break.
[01:29:49.000 --> 01:29:50.000]  Randy Kelton, Ruza Radio.
[01:29:50.000 --> 01:30:15.000]  We'll be right back.
[01:30:21.000 --> 01:30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.000 --> 01:30:27.000]  So protect your rights.
[01:30:27.000 --> 01:30:31.000]  Say no to surveillance and keep your information to yourself.
[01:30:31.000 --> 01:30:32.000]  Privacy.
[01:30:32.000 --> 01:30:33.000]  It's worth hanging onto.
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[01:31:23.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:33:11.000 --> 01:33:31.000]  Okay, we are back. Randy Kelton with the Radio. We're talking to TruthRadar in Oregon.
[01:33:31.000 --> 01:33:34.000]  Okay, Truth, where were we?
[01:33:34.000 --> 01:33:41.000]  Well, we were discussing which is the correct court to file these and then, of course, you mentioned in the end,
[01:33:41.000 --> 01:33:53.000]  well, you could probably sue for the subject matter jurisdiction and due process, malicious prosecution, something along those lines.
[01:33:53.000 --> 01:34:02.000]  Yeah, if you get a procedural due process and hear a court that doesn't have jurisdiction prosecute you,
[01:34:02.000 --> 01:34:06.000]  the rule is take the state to the Fed and the Fed to the state.
[01:34:06.000 --> 01:34:12.000]  So the rule of thumb is sue them in the Fed.
[01:34:12.000 --> 01:34:14.000]  Title 42 is the way to go?
[01:34:14.000 --> 01:34:16.000]  Yes, I would think so.
[01:34:16.000 --> 01:34:25.000]  Okay. Well, Randy, I'd like to take this opportunity to thank you, to thank the network,
[01:34:25.000 --> 01:34:30.000]  Deborah and Jerry for having this great program.
[01:34:30.000 --> 01:34:38.000]  Eddie and all his hard, hard work over the years and to thank the originator of all this,
[01:34:38.000 --> 01:34:45.000]  being able to discover our rights to travel and that's, you know, the legendary Charlie Sprinkle, God rest his soul.
[01:34:45.000 --> 01:34:50.000]  Charlie Sprinkle. I haven't heard Charlie's name in such a long time.
[01:34:50.000 --> 01:34:56.000]  Charlie was such a hoot.
[01:34:56.000 --> 01:35:02.000]  I miss Charlie. He was great. I had great fun with him on the air.
[01:35:02.000 --> 01:35:09.000]  Right, right. Yeah, I watched his videos from time to time and, you know, just a great memory of his,
[01:35:09.000 --> 01:35:17.000]  just his simple blase wit and just keeping it simple and just looking at the facts.
[01:35:17.000 --> 01:35:20.000]  He spoke softly but carried a big stick.
[01:35:20.000 --> 01:35:24.000]  Yes, he did. He was an interesting character. I really liked Charlie.
[01:35:24.000 --> 01:35:27.000]  I hated to lose him.
[01:35:27.000 --> 01:35:31.000]  Yes, the great loss to all of us and to the world.
[01:35:31.000 --> 01:35:36.000]  Well, folks in Oregon and Washington and anyone in the local area that's listening to this broadcast tonight,
[01:35:36.000 --> 01:35:40.000]  please remember these are civil infractions.
[01:35:40.000 --> 01:35:44.000]  If you use the correct argument, you can win this.
[01:35:44.000 --> 01:35:47.000]  There's no reason why you have to pay.
[01:35:47.000 --> 01:35:52.000]  I mean, it's a case where it's easy to fight if you use the right instrument.
[01:35:52.000 --> 01:35:56.000]  Right. And you never want to go to the merits.
[01:35:56.000 --> 01:35:57.000]  No.
[01:35:57.000 --> 01:36:04.000]  Because that gives, that goes to the discretion of the judge and he will always rule against you.
[01:36:04.000 --> 01:36:09.000]  You want to go to standing. The officer, when he pulled you over,
[01:36:09.000 --> 01:36:19.000]  had no evidence to give him probable cause to believe that you fell within the statutory scheme.
[01:36:19.000 --> 01:36:24.000]  He had no evidence to indicate that you were acting in commerce.
[01:36:24.000 --> 01:36:29.000]  So they lack subject matter jurisdiction for him to get to go.
[01:36:29.000 --> 01:36:31.000]  Very eloquently put.
[01:36:31.000 --> 01:36:35.000]  All right. Very good, Randy. I'm going to go ahead and jump and let you get to the next caller.
[01:36:35.000 --> 01:36:36.000]  God bless you.
[01:36:36.000 --> 01:36:38.000]  Okay. Thank you.
[01:36:38.000 --> 01:36:44.000]  Now we're going to go to Boris in Texas. Hello, Boris.
[01:36:44.000 --> 01:36:46.000]  Hello, Randy. How are you doing?
[01:36:46.000 --> 01:36:49.000]  Very good. What do you have for us today?
[01:36:49.000 --> 01:36:56.000]  Well, I called you a couple of months ago about a situation where I want to sell my house
[01:36:56.000 --> 01:37:02.000]  and I have a contract for deeds that I owe to someone.
[01:37:02.000 --> 01:37:11.000]  However, this person had gone through a divorce and had most likely hidden some of the information about that
[01:37:11.000 --> 01:37:22.000]  and am being worried that any public shuffling of the books or payoff of it would reveal
[01:37:22.000 --> 01:37:30.000]  that maybe he had not documented certain things properly and maybe lied in court and so forth.
[01:37:30.000 --> 01:37:36.000]  Anyway, that's been a couple of months, so I don't know if you remember, but anyway,
[01:37:36.000 --> 01:37:46.000]  I'm in the process of selling this house to his former partner and I'm just kind of looking over everything.
[01:37:46.000 --> 01:37:57.000]  They kind of marked it as there not being anything owed on it, is what they did.
[01:37:57.000 --> 01:38:03.000]  Is there a deed of trust?
[01:38:03.000 --> 01:38:07.000]  No, a contract for deeds.
[01:38:07.000 --> 01:38:22.000]  Oh, that's really touchy because this guy could come back and sue and then they would accuse you of fraud.
[01:38:22.000 --> 01:38:30.000]  Well, I don't know. I'm not the one that rode up the offer, you know, but...
[01:38:30.000 --> 01:38:45.000]  The fact that this guy failed to reveal this, you might be able to go to him and cut a deal with him for a reduced payoff
[01:38:45.000 --> 01:38:57.000]  in order to get him to give you a quick claim on his portion of the deed of trust or his portion of the contract.
[01:38:57.000 --> 01:39:08.000]  Yeah, yeah. Well, shouldn't that be settled with the person buying it who...
[01:39:08.000 --> 01:39:13.000]  No, no. Quick claim doesn't have to be filed with anybody.
[01:39:13.000 --> 01:39:23.000]  You get a quick claim from him and then that just keeps him from coming back and suing you for his portion,
[01:39:23.000 --> 01:39:29.000]  the portion that he didn't notice the court of.
[01:39:29.000 --> 01:39:36.000]  He's interfering with your... He's costing you the benefit of the bargain here.
[01:39:36.000 --> 01:39:43.000]  If he's trying to get you... Okay, let's back up and make sure everybody understands what's going on here.
[01:39:43.000 --> 01:39:51.000]  This guy gets in a divorce and he has this claim that he doesn't file with the divorce court.
[01:39:51.000 --> 01:39:56.000]  So the divorce court doesn't know he has these assets.
[01:39:56.000 --> 01:40:02.000]  Now, you're trying to sell the property and he has a claim against your property.
[01:40:02.000 --> 01:40:15.000]  But if you try to pay off the claim, the court's likely to find out and come after him and prosecute him.
[01:40:15.000 --> 01:40:23.000]  Yeah. So essentially his problem, not your problem.
[01:40:23.000 --> 01:40:30.000]  His illegal action is about to cost you the benefit of the bargain.
[01:40:30.000 --> 01:40:43.000]  And that will give you a claim against him for an amount that should be at least equal to what his claim against you is.
[01:40:43.000 --> 01:40:48.000]  If he were to cost me, would you say the benefit of the bargain?
[01:40:48.000 --> 01:40:51.000]  Yeah, you have a right to the benefit of the bargain.
[01:40:51.000 --> 01:40:57.000]  You have this property that you're paying on and you want to sell it.
[01:40:57.000 --> 01:40:58.000]  Right.
[01:40:58.000 --> 01:41:09.000]  But you can't sell it because the guy you're paying committed a fraud upon the court.
[01:41:09.000 --> 01:41:18.000]  And if you sell the property, then he's likely to go to prison.
[01:41:18.000 --> 01:41:23.000]  So you go to him and say, look, I'm going to sell this property.
[01:41:23.000 --> 01:41:33.000]  And if your claim interferes with my sale, then you'll owe me for the benefit of the bargain that I'm going to lose.
[01:41:33.000 --> 01:41:39.000]  So let's make a deal so we could make this thing go away.
[01:41:39.000 --> 01:41:42.000]  See what you can negotiate with it.
[01:41:42.000 --> 01:41:51.000]  Oh, I see. And then if I had a quick claim, then that would be like my receipt for it, in other words.
[01:41:51.000 --> 01:41:59.000]  If he doesn't want to go to prison, then he's going to be in a position he needs to make a deal with.
[01:41:59.000 --> 01:42:05.000]  And you don't necessarily want to cheat him, but then he's cheating his wife.
[01:42:05.000 --> 01:42:14.000]  So I don't see that you owe him anything.
[01:42:14.000 --> 01:42:26.000]  Well, I'm in the process of selling it to his former partner simply because he offered me more money for it than anyone else was.
[01:42:26.000 --> 01:42:35.000]  And so the title company sent a form for me to sign.
[01:42:35.000 --> 01:42:43.000]  So is he on good terms with his former partner?
[01:42:43.000 --> 01:42:46.000]  Yes, absolutely.
[01:42:46.000 --> 01:42:52.000]  Ask him to make a deal with the former partner.
[01:42:52.000 --> 01:43:04.000]  Oh, I think the thing that concerns me on my end is that I'm signing something saying, yes, I agree.
[01:43:04.000 --> 01:43:07.000]  There's nothing owed on it at all.
[01:43:07.000 --> 01:43:10.000]  No, no, no, do not do that.
[01:43:10.000 --> 01:43:17.000]  Just because this guy committed fraud, he should not leverage you into committing fraud.
[01:43:17.000 --> 01:43:24.000]  Well, even if he's a friend, you do not owe him a risk of going to prison.
[01:43:24.000 --> 01:43:27.000]  Oh, yeah, I'm not certain.
[01:43:27.000 --> 01:43:29.000]  Heck with that.
[01:43:29.000 --> 01:43:35.000]  You tell this guy, you make some kind of arrangements, you make this work.
[01:43:35.000 --> 01:43:40.000]  I'm going to notice the title company of this claim and you can deal with the court you lied to.
[01:43:40.000 --> 01:43:43.000]  I didn't lie to the court, you did.
[01:43:43.000 --> 01:43:51.000]  So either come up with a contractual agreement we can have to eliminate this claim so that I can sell this property
[01:43:51.000 --> 01:43:56.000]  or you can deal with the divorce court and see what they think about your lying to them.
[01:43:56.000 --> 01:44:00.000]  But I'm not going to lie to protect you.
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[01:46:21.000 --> 01:46:27.000]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Boris in Texas.
[01:46:27.000 --> 01:46:31.000]  Boris said, we do need to move along. We're in the last segment. I got two cars.
[01:46:31.000 --> 01:46:38.000]  But, you know, we're all grown ups. This is not the high school parking lot.
[01:46:38.000 --> 01:46:43.000]  And we need to all take care of our business.
[01:46:43.000 --> 01:46:51.000]  And I would hate to think that you would feel like you have an obligation to this guy because he cheated.
[01:46:51.000 --> 01:46:58.000]  You certainly do not want to get yourself in the same spot he's in.
[01:46:58.000 --> 01:47:02.000]  Oh, no, I don't. That's why I called in.
[01:47:02.000 --> 01:47:08.000]  They write, and what concerns me is that, you know, in the offer and everything,
[01:47:08.000 --> 01:47:12.000]  and the title company too, they think that there's no money owed.
[01:47:12.000 --> 01:47:22.000]  That's a check I would get or whatever upon closing would be for an amount that's a bit less, mysteriously.
[01:47:22.000 --> 01:47:29.000]  And then it would be kind of like, you know, I'm supposed to just kind of not notice that it's for a bit less.
[01:47:29.000 --> 01:47:33.000]  So anyone would. Of course, I would know why, but anyone would know.
[01:47:33.000 --> 01:47:36.000]  If you do that, you are implicated.
[01:47:36.000 --> 01:47:39.000]  Well, right.
[01:47:39.000 --> 01:47:44.000]  What you can do is if he doesn't want to notice his lien,
[01:47:44.000 --> 01:47:50.000]  is you take the full check and then you pay him what you think is appropriate.
[01:47:50.000 --> 01:47:54.000]  Well, I thought that that would be the illegal part.
[01:47:54.000 --> 01:48:03.000]  But if he doesn't want to do that, then you need to claim this lien and let him deal with it.
[01:48:03.000 --> 01:48:09.000]  But would I be doing something illegal if I got paid and then turn around and pay him?
[01:48:09.000 --> 01:48:14.000]  No, you don't necessarily know.
[01:48:14.000 --> 01:48:18.000]  Is his lien filed in the public record?
[01:48:18.000 --> 01:48:20.000]  Yeah.
[01:48:20.000 --> 01:48:23.000]  You know, I mean, the contracts are deep, yes.
[01:48:23.000 --> 01:48:26.000]  Then he can't hide this.
[01:48:26.000 --> 01:48:35.000]  And yes, if you don't, if the title company doesn't pay this lien off,
[01:48:35.000 --> 01:48:43.000]  if the court hasn't discovered this, they may still not discover it.
[01:48:43.000 --> 01:48:49.000]  But you shouldn't have anything to do with it.
[01:48:49.000 --> 01:49:01.000]  No, but it could look like it if I was willing to accept a check that was considerably less than what the selling price was.
[01:49:01.000 --> 01:49:06.000]  Yeah, if it was me, I would treat that lien just like any other lien.
[01:49:06.000 --> 01:49:08.000]  And it would have to be reported.
[01:49:08.000 --> 01:49:10.000]  The title company pays it off.
[01:49:10.000 --> 01:49:12.000]  You'd have to deal with the title company.
[01:49:12.000 --> 01:49:16.000]  If he wants to hide this from the family court, that's his business.
[01:49:16.000 --> 01:49:22.000]  If you have anything to do with it, they can come after you.
[01:49:22.000 --> 01:49:26.000]  Right.
[01:49:26.000 --> 01:49:28.000]  I wouldn't worry about that.
[01:49:28.000 --> 01:49:30.000]  That's his problem.
[01:49:30.000 --> 01:49:32.000]  He committed a crime.
[01:49:32.000 --> 01:49:33.000]  His problem, not your problem.
[01:49:33.000 --> 01:49:37.000]  The last thing you want to do is get involved in that.
[01:49:37.000 --> 01:49:39.000]  Oh, no, I don't.
[01:49:39.000 --> 01:49:49.000]  And if the family court did find out, would that somehow put a crimp on me being able to pay it off then?
[01:49:49.000 --> 01:49:51.000]  No.
[01:49:51.000 --> 01:49:54.000]  Oh, no, that wouldn't slow you down at all.
[01:49:54.000 --> 01:49:58.000]  You have a right to cure the lien.
[01:49:58.000 --> 01:50:02.000]  I have a right to cure the lien whether he gets caught or not.
[01:50:02.000 --> 01:50:09.000]  Yeah, you cure the lien, they find out about it, they take the money and do whatever they want to with the money,
[01:50:09.000 --> 01:50:12.000]  but they can't stop you from clearing the lien.
[01:50:12.000 --> 01:50:13.000]  Right.
[01:50:13.000 --> 01:50:14.000]  All right.
[01:50:14.000 --> 01:50:20.000]  So I think getting caught isn't going to tie me up for another year or something while it goes through court again.
[01:50:20.000 --> 01:50:22.000]  That's kind of what, yeah.
[01:50:22.000 --> 01:50:23.000]  Okay.
[01:50:23.000 --> 01:50:24.000]  Yeah.
[01:50:24.000 --> 01:50:25.000]  Okay.
[01:50:25.000 --> 01:50:32.000]  I would get on to a last call if there's still a few minutes there, but I wanted to run that by you.
[01:50:32.000 --> 01:50:33.000]  Okay.
[01:50:33.000 --> 01:50:34.000]  Just be careful.
[01:50:34.000 --> 01:50:36.000]  Do not let this guy get you in trouble.
[01:50:36.000 --> 01:50:38.000]  Do not think you owe him anything.
[01:50:38.000 --> 01:50:40.000]  Well, or his former partner.
[01:50:40.000 --> 01:50:45.000]  I think he's putting his former partner at a higher risk here.
[01:50:45.000 --> 01:50:49.000]  Neither one of you owe him anything.
[01:50:49.000 --> 01:50:52.000]  He did this to cheat his wife.
[01:50:52.000 --> 01:50:56.000]  He hasn't earned any deference.
[01:50:56.000 --> 01:50:57.000]  Yeah.
[01:50:57.000 --> 01:50:58.000]  Yeah.
[01:50:58.000 --> 01:50:59.000]  Okay.
[01:50:59.000 --> 01:51:00.000]  Okay.
[01:51:00.000 --> 01:51:01.000]  Okay.
[01:51:01.000 --> 01:51:02.000]  I'll let you go, Randy.
[01:51:02.000 --> 01:51:03.000]  Thanks a whole lot.
[01:51:03.000 --> 01:51:04.000]  Okay.
[01:51:04.000 --> 01:51:05.000]  Thank you.
[01:51:05.000 --> 01:51:06.000]  Thank you, Boris.
[01:51:06.000 --> 01:51:07.000]  Okay.
[01:51:07.000 --> 01:51:08.000]  Now we're going to go to Ed in Pennsylvania.
[01:51:08.000 --> 01:51:09.000]  Hello, Ed.
[01:51:09.000 --> 01:51:10.000]  Hi, Randy.
[01:51:10.000 --> 01:51:11.000]  How are you doing?
[01:51:11.000 --> 01:51:12.000]  Doing good.
[01:51:12.000 --> 01:51:13.000]  What do you have for us today?
[01:51:13.000 --> 01:51:18.000]  In there at 12 or 1.50 or what is it, 12.51 there?
[01:51:18.000 --> 01:51:20.000]  It's 11.51.
[01:51:20.000 --> 01:51:23.000]  It's 12.51 here.
[01:51:23.000 --> 01:51:24.000]  Sorry.
[01:51:24.000 --> 01:51:32.000]  The reason I'm calling, last evening one of your callers said that he had used Eddie's
[01:51:32.000 --> 01:51:38.760]  script when he got pulled over, and the policeman got frustrated, yanked him out of the window
[01:51:38.760 --> 01:51:45.000]  because his window was down, and you didn't like that.
[01:51:45.000 --> 01:51:46.000]  Yeah.
[01:51:46.000 --> 01:51:50.000]  We've had a number of guys get their windows broke out.
[01:51:50.000 --> 01:51:51.000]  Is that right?
[01:51:51.000 --> 01:51:52.000]  Yeah.
[01:51:52.000 --> 01:51:56.000]  I do not like confronting the officer there on the street.
[01:51:56.000 --> 01:52:00.000]  I much prefer Bushwhack.
[01:52:00.000 --> 01:52:01.000]  Yeah.
[01:52:01.000 --> 01:52:03.000]  Bushwhack him in the court.
[01:52:03.000 --> 01:52:08.000]  You want him to think, whoa, I didn't see that coming.
[01:52:08.000 --> 01:52:09.000]  Yeah.
[01:52:09.000 --> 01:52:12.000]  Fighting with him on the streets.
[01:52:12.000 --> 01:52:21.000]  You use a federal government, it was the United States Department of Transportation, Federal
[01:52:21.000 --> 01:52:24.000]  Motor Carrier Safety Administration.
[01:52:24.000 --> 01:52:25.000]  Yes.
[01:52:25.000 --> 01:52:28.000]  Did you get the link I sent you?
[01:52:28.000 --> 01:52:40.000]  ESA-1 to file your status as a private operator.
[01:52:40.000 --> 01:52:52.000]  Yes, and that designation is for someone like a farmer who's farming wheat, and he's got
[01:52:52.000 --> 01:52:56.000]  his own trucks to haul his own product to market.
[01:52:56.000 --> 01:52:59.000]  He is not in commerce with those trucks.
[01:52:59.000 --> 01:53:06.000]  He's only in commerce if he has the trucks for hire, but when you're hauling your own
[01:53:06.000 --> 01:53:07.000]  product, you're not in commerce.
[01:53:07.000 --> 01:53:15.000]  He's in a tractor trailer that a reasonable person of ordinary prudence would look at
[01:53:15.000 --> 01:53:20.000]  and presume that that vehicle is operated in commerce.
[01:53:20.000 --> 01:53:27.000]  He files with the Department of Transportation saying, yes, while I have a vehicle that's
[01:53:27.000 --> 01:53:35.000]  normally used in commerce, and I do have it licensed so that it can be used in commerce,
[01:53:35.000 --> 01:53:41.000]  when I operate this vehicle, it is not in commerce, and by the filing of the DOT, you
[01:53:41.000 --> 01:53:44.000]  have notice.
[01:53:44.000 --> 01:53:46.000]  So, I get pulled over.
[01:53:46.000 --> 01:53:55.000]  The first thing I tell the cop, you need to run my name on the DOT, and the city guys
[01:53:55.000 --> 01:54:00.000]  don't understand it, but the state police, they do.
[01:54:00.000 --> 01:54:05.000]  Every time a state policeman has come back and he said, well, I'm going to give you a
[01:54:05.000 --> 01:54:08.000]  warning every single time.
[01:54:08.000 --> 01:54:12.000]  Is that right?
[01:54:12.000 --> 01:54:18.000]  They checked it, oops, I got notice he's not in commerce.
[01:54:18.000 --> 01:54:24.000]  Now, they would have to articulate specific reasonable probable cause.
[01:54:24.000 --> 01:54:28.000]  It's all about the details and how you handle these.
[01:54:28.000 --> 01:54:35.000]  And I really don't like giving a policeman fair warning.
[01:54:35.000 --> 01:54:37.000]  That's why I don't argue with him out there on the street.
[01:54:37.000 --> 01:54:39.000]  I don't want to give him fair warning.
[01:54:39.000 --> 01:54:41.000]  I want to bushwhack him.
[01:54:41.000 --> 01:54:46.000]  The last one that wrote me the ticket, the only warning I gave him, and I couldn't help
[01:54:46.000 --> 01:54:54.000]  myself, I said, Bubba, I'm fixing to give you a romp through the legal system.
[01:54:54.000 --> 01:54:58.000]  You are not going to believe.
[01:54:58.000 --> 01:54:59.000]  Oh, you are.
[01:54:59.000 --> 01:55:00.000]  Yes, I am.
[01:55:00.000 --> 01:55:04.000]  And we're going to have great fun.
[01:55:04.000 --> 01:55:09.000]  When you don't get excited, when you don't get upset, they're always wondering, what
[01:55:09.000 --> 01:55:13.000]  does this guy know that I don't know?
[01:55:13.000 --> 01:55:18.000]  And it tends to keep them calm and professional.
[01:55:18.000 --> 01:55:20.000]  They're carrying a gun.
[01:55:20.000 --> 01:55:24.000]  I like them calm and professional.
[01:55:24.000 --> 01:55:25.000]  Right.
[01:55:25.000 --> 01:55:27.000]  I'd much rather have it that way, too.
[01:55:27.000 --> 01:55:34.000]  Say I submitted this application this evening and I printed out the document.
[01:55:34.000 --> 01:55:36.000]  It's 25 pages long.
[01:55:36.000 --> 01:55:38.000]  What do you do with all this paper?
[01:55:38.000 --> 01:55:39.000]  Oh, you don't care about it.
[01:55:39.000 --> 01:55:42.000]  The only thing you care about is the number, didn't you?
[01:55:42.000 --> 01:55:43.000]  Okay.
[01:55:43.000 --> 01:55:49.000]  So when you get pulled over by the law enforcement officer, you give them the DOT
[01:55:49.000 --> 01:55:52.000]  number or do they have that on record?
[01:55:52.000 --> 01:56:00.000]  What you might do is tape, get some of the stick-on signs and put it on your bumper.
[01:56:00.000 --> 01:56:03.000]  Is that right?
[01:56:03.000 --> 01:56:07.000]  See, that's going to screw them up because they're going to think that says you're in
[01:56:07.000 --> 01:56:12.000]  commerce because you got a DOT number on it.
[01:56:12.000 --> 01:56:20.000]  But then you tell them you need to run that DOT number before you try to write me a ticket.
[01:56:20.000 --> 01:56:23.000]  Even if they write you a ticket, then you go to court and you ask them, did you see
[01:56:23.000 --> 01:56:28.000]  the DOT number on the back of my vehicle?
[01:56:28.000 --> 01:56:32.000]  Do you remember me telling you to check that number?
[01:56:32.000 --> 01:56:36.000]  Did you check that number?
[01:56:36.000 --> 01:56:38.000]  And he's likely to say, well, no, he didn't.
[01:56:38.000 --> 01:56:43.000]  Well, if you had, this is what you would have found and you take those 25 pages and you
[01:56:43.000 --> 01:56:48.000]  ask the court to accept these into evidence.
[01:56:48.000 --> 01:56:53.000]  Notice that I am a private operator, not in commerce.
[01:56:53.000 --> 01:56:57.000]  He has noticed from the federal government that I'm not in commerce.
[01:56:57.000 --> 01:57:04.000]  Therefore, I do not fall within the statutory scheme.
[01:57:04.000 --> 01:57:08.000]  Now, does that apply to every state?
[01:57:08.000 --> 01:57:13.000]  I'm not sure how the codes are written in every state.
[01:57:13.000 --> 01:57:20.000]  Because in Pennsylvania, they write it different than they do in Texas where it's under transportation.
[01:57:20.000 --> 01:57:24.000]  In Pennsylvania, it's under something called Motor Vehicle.
[01:57:24.000 --> 01:57:26.000]  Yeah, Motor Vehicle and Motor Carrier Act.
[01:57:26.000 --> 01:57:28.000]  That's just the name they call it.
[01:57:28.000 --> 01:57:35.000]  Almost all the states have adopted the Federal Motor Carrier, Federal Transportation Code.
[01:57:35.000 --> 01:57:43.000]  But you know that this licensing of commercial vehicles originated in Pennsylvania?
[01:57:43.000 --> 01:57:44.000]  Oh, did it?
[01:57:44.000 --> 01:57:45.000]  Yeah, it did.
[01:57:45.000 --> 01:57:52.000]  Carriages transporting people from Pennsylvania to New Jersey.
[01:57:52.000 --> 01:57:53.000]  Is that right?
[01:57:53.000 --> 01:57:58.000]  They were charging people and the state decided to tax them.
[01:57:58.000 --> 01:58:03.000]  In order to tax them, they had to license them.
[01:58:03.000 --> 01:58:11.000]  You guys are the ones that started all this.
[01:58:11.000 --> 01:58:15.000]  Sorry about that.
[01:58:15.000 --> 01:58:17.000]  Okay, John, I am sorry.
[01:58:17.000 --> 01:58:20.000]  We are not going to be able to get to you.
[01:58:20.000 --> 01:58:21.000]  We are out of time.
[01:58:21.000 --> 01:58:27.000]  This is Randy Kelton, Rule of Law Radio, and thank you, Ed, for calling.
[01:58:27.000 --> 01:58:35.000]  We'll be back next Thursday for our regular two-hour show and then Friday for our four-hour info marathon.
[01:58:35.000 --> 01:58:42.000]  And make sure you check out Eddie Craig on Monday nights at 8 o'clock Central for his traffic show.
[01:58:42.000 --> 01:58:44.000]  He's the traffic expert.
[01:58:44.000 --> 01:58:50.000]  Thank you all for listening and good night.
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