ROL_2016-10-21_16k_Hr1-2.timecode

[00:00.000 --> 00:06.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the daily
[00:06.000 --> 00:08.000]  bulletins 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 --> 00:28.000]  Markets for Wednesday the 5th of October 2016 are currently trending with gold at $1,266.60 an ounce,
[00:28.000 --> 00:34.000]  silver at $17.72 an ounce, Texas crude at $48.69 a barrel, and Bitcoin is currently
[00:34.000 --> 00:43.000]  sitting at about $613 U.S. currency.
[00:43.000 --> 00:48.000]  Today in history, the year 1947, the first televised White House presidential address
[00:48.000 --> 00:56.000]  is given by then U.S. President Harry S. Truman today in history.
[00:56.000 --> 01:00.000]  In recent news, the Paris Climate Agreement is set to take effect next month.
[01:00.000 --> 01:07.000]  Adopted by consensus on December 12, 2015, at the 21st Conference of the Parties of the UNFCCC
[01:07.000 --> 01:12.000]  or United Nations Framework Convention on Climate Change in Paris and opened for signatures
[01:12.000 --> 01:18.000]  on the 22nd of April 2016, Earth Day, and a ceremony in New York City, it is set to take effect
[01:18.000 --> 01:22.000]  on November 4. It is essentially a global agreement for the redirecting of the world economy
[01:22.000 --> 01:26.000]  away from fossil fuels towards more greenhouse-friendly forms of energy.
[01:26.000 --> 01:30.000]  President Obama, speaking from the Rose Garden, talking about the agreement, said that,
[01:30.000 --> 01:35.000]  quote, this gives us the best possible shot to save the one planet we've got, and that
[01:35.000 --> 01:39.000]  one of the reasons I took this office was to make America the leader in this mission.
[01:39.000 --> 01:44.000]  The agreement already has support from major greenhouse gas emitters like China, the United States,
[01:44.000 --> 01:50.000]  and India, and in total 72 out of 195 countries have ratified the agreement, according to the UN.
[01:50.000 --> 01:54.000]  Republican presidential candidate Donald Trump opposes the agreement since it lacks the approval
[01:54.000 --> 01:59.000]  of the U.S. Congress, while Democratic nominee Hillary Clinton is a strong supporter.
[02:04.000 --> 02:08.000]  More than 50 correctional officers and inmates inside Maryland's largest state prison were charged
[02:08.000 --> 02:12.000]  by prosecutors Wednesday today with bribery and drug conspiracy.
[02:12.000 --> 02:17.000]  The guards are accused of smuggling cell phones, tobacco, and drugs into the Eastern Shore facility
[02:17.000 --> 02:22.000]  in exchange for money and sex, according to indictments unsealed in a federal investigation.
[02:22.000 --> 02:26.000]  Apparently, prison guards were passing through security with undetected heroin, cocaine,
[02:26.000 --> 02:31.000]  and pornographic videos, which were then handed off to inmates in exchange for hundreds of dollars.
[02:31.000 --> 02:35.000]  They were also being accused of warning inmates when prison officials were preparing to search cells
[02:35.000 --> 02:39.000]  and of using force and intimidation to silence inmates who were reporting the smuggling.
[02:39.000 --> 02:44.000]  According to court records, inmates were using the prison phones and their contraband cell phones
[02:44.000 --> 02:46.000]  to pay off correctional officers through PayPal.
[02:46.000 --> 02:52.000]  They were hustling $500 for each package on average and as much as $3,000 a week, according to investigators.
[02:52.000 --> 03:16.000]  This is Brooke Rode with your Lowdown for October 5th, 2016.
[03:16.000 --> 03:29.000]  Okay, howdy, howdy. This is Randy Kelton, Root of Law Radio, on this Friday, the 21st day of October 2016.
[03:29.000 --> 03:37.000]  Our phone lines are open. They'll be open all night. We'll be taking your calls, 512-646-1984.
[03:37.000 --> 03:44.000]  The call boards are empty right now, so we can hold four calls at a time.
[03:44.000 --> 03:50.000]  So if you call in and you can't get through, it's probably because the call board is full.
[03:50.000 --> 03:56.000]  And if you wait until somebody drops off and then calls, then you can get up on the board.
[03:56.000 --> 04:01.000]  And we'll try to get to everybody.
[04:01.000 --> 04:11.000]  I have been working on this e-book. I'm getting close to the point that I can begin to start making it available.
[04:11.000 --> 04:22.000]  I have quite a bit of information in it, but I haven't had time to get everything stitched together the way I want to.
[04:22.000 --> 04:35.000]  I've been mostly working lately on a section that I call flow, how to establish flow in your reader.
[04:35.000 --> 04:44.000]  And of all of the pieces, that's probably one of the most important, but also one of the most complex.
[04:44.000 --> 04:56.000]  I had been planning on weeding a piece of prose and using that to give you an idea of some of the things I do,
[04:56.000 --> 05:05.000]  but all of a sudden my call board is stacked, so I guess I won't get to that.
[05:05.000 --> 05:08.000]  We have four on the board already.
[05:08.000 --> 05:18.000]  So I will start out with Rodney in Texas. Hello, Rodney.
[05:18.000 --> 05:24.000]  Hello, Rodney.
[05:24.000 --> 05:27.000]  Hello, Rodney. Maybe Rodney can't hear me.
[05:27.000 --> 05:32.000]  Okay. Let's try another one and see if it's me or Rodney.
[05:32.000 --> 05:36.000]  Hello, Larry in Arizona.
[05:36.000 --> 05:39.000]  Hey, Randy. I'm here. Can you hear me?
[05:39.000 --> 05:42.000]  I can hear you. Can you hear me?
[05:42.000 --> 05:43.000]  I can.
[05:43.000 --> 05:50.000]  Oh, good. Okay. Because I just went to Rodney and I wasn't sure if there was a technical issue
[05:50.000 --> 05:57.000]  or maybe my eloquent prose just lulled him into unconsciousness.
[05:57.000 --> 06:02.000]  I have that effect on people. Okay. Larry, what do you have for us today?
[06:02.000 --> 06:14.000]  I just have a few questions. I'm filling out my paperwork to file my court case, and Jeff Sedgwick says that words matter.
[06:14.000 --> 06:20.000]  So does it make any difference if I use the term demand or request for a jury trial?
[06:20.000 --> 06:22.000]  No.
[06:22.000 --> 06:25.000]  Okay. And I've just got a couple...
[06:25.000 --> 06:37.000]  Okay. Let me put it this way. It's better to be polite, but in law a request is a demand.
[06:37.000 --> 06:43.000]  Okay. I was going to say request. I mean, I agree with you. It sounds nicer.
[06:43.000 --> 06:46.000]  Okay.
[06:46.000 --> 06:55.000]  We're not in civil society, but it's still nice to be civil because the guy on the other end, at the end of the day,
[06:55.000 --> 07:05.000]  is a human being and he responds to pleasant verbiage and questioning rather than demanding.
[07:05.000 --> 07:11.000]  We want to come across as dispassionate professionals.
[07:11.000 --> 07:22.000]  The thing that gives the pro se away the worst is the inability to be dispassionate.
[07:22.000 --> 07:30.000]  And that's why we talk to people about the only purpose in the trial court is to set the record for appeal.
[07:30.000 --> 07:35.000]  That's why you don't worry so much about what the judge rules. Okay. Go ahead.
[07:35.000 --> 07:42.000]  Okay. On a couple of the appeals that I've lost, one of them says it's an order.
[07:42.000 --> 07:47.000]  One says it's a decision. Is there any difference between the two of them?
[07:47.000 --> 07:59.000]  Yes, there is. The order is the ruling. The decision would be the points and authorities.
[07:59.000 --> 08:08.000]  They must give you both. Well, I'm saying that from specifically the federal law.
[08:08.000 --> 08:18.000]  But if you're in a state court and they give you a ruling and they don't give you, the ruling will be an order,
[08:18.000 --> 08:24.000]  but they don't give you a statement. I'm trying to think of the exact term for it in the Fed.
[08:24.000 --> 08:29.000]  I'm thinking of a judgment. In the Fed, they call it a judgment.
[08:29.000 --> 08:36.000]  And the judgment is what we would in the state call points and authorities.
[08:36.000 --> 08:44.000]  This is what I ruled. This is the law. These are the facts on which I made my decision.
[08:44.000 --> 08:48.000]  And this is the law as it applies to those facts.
[08:48.000 --> 08:55.000]  That document will go exactly to what we keep saying about what is the duty of the judge.
[08:55.000 --> 09:01.000]  Determine the facts in accordance with the rules of evidence and apply the laws that comes to him to the facts in the case.
[09:01.000 --> 09:07.000]  That's all he's there for. So when he's done, you want to hear that.
[09:07.000 --> 09:16.000]  So if you have an order, if the order includes points and authorities, then it is a final judgment.
[09:16.000 --> 09:28.000]  But if you don't have the reason the judge ruled the way he does, then in the Fed, you would do a motion for reconsideration.
[09:28.000 --> 09:38.000]  In the state, you could do a motion for reconsideration or a request for points and authorities.
[09:38.000 --> 09:46.000]  I do have more to say on that, but I want to make sure what your question is so I'm not running off the deep end somewhere.
[09:46.000 --> 09:51.000]  Okay. What I'm curious about is, like I said, they denied two different appeals.
[09:51.000 --> 09:55.000]  One said it was an order. One said it was a decision.
[09:55.000 --> 10:02.000]  So I was getting ready to put in my notice of appeal to go to a higher court.
[10:02.000 --> 10:16.000]  Okay. From a trial court, you file a motion for reconsideration, but not from an appeals court.
[10:16.000 --> 10:19.000]  From an appeals court, you just go ahead and appeal.
[10:19.000 --> 10:26.000]  But if the order, did the order include points and authorities?
[10:26.000 --> 10:28.000]  No, it did not.
[10:28.000 --> 10:37.000]  Then you need to ask that court for findings of fact and conclusions at law.
[10:37.000 --> 10:41.000]  And this is the way you normally do that.
[10:41.000 --> 10:46.000]  You write your own findings of fact and conclusions at law.
[10:46.000 --> 10:53.000]  You should already have those because that's what should have been in your pleading.
[10:53.000 --> 10:58.000]  Your pleadings, that's all that should be in your pleadings.
[10:58.000 --> 11:05.000]  Everything about an action before the court is facts and law, always facts and law, facts and law.
[11:05.000 --> 11:07.000]  So you should already have that.
[11:07.000 --> 11:14.000]  You could say these are the facts that were established in the court, and this is the laws that apply to those facts.
[11:14.000 --> 11:26.000]  And you write your own facts and law and ask the judge to provide you with points and authorities or adopt yours.
[11:26.000 --> 11:30.000]  And if he's ruled against you, then he won't adopt yours.
[11:30.000 --> 11:35.000]  But you have nothing to appeal with.
[11:35.000 --> 11:44.000]  If he hasn't told you what facts he's considered and what law he applied to those facts, how are you supposed to appeal?
[11:44.000 --> 11:46.000]  Okay, one step back.
[11:46.000 --> 11:53.000]  The order and the decision, they were separate cases, I take it?
[11:53.000 --> 11:54.000]  Yes.
[11:54.000 --> 12:05.000]  Okay, then did the decision have what they ruled and what facts they based their ruling on and what law they used?
[12:05.000 --> 12:08.000]  Did the decision have that?
[12:08.000 --> 12:09.000]  Yes, the decision had that.
[12:09.000 --> 12:10.000]  He walked me through.
[12:10.000 --> 12:15.000]  He said, you didn't address court rule eight properly.
[12:15.000 --> 12:18.000]  And he did a very, very nice professional job.
[12:18.000 --> 12:25.000]  Okay, ask the other one for the decision for the points and authorities.
[12:25.000 --> 12:31.000]  Because you don't really have a final decision until you have that, because you cannot appeal.
[12:31.000 --> 12:36.000]  They're denying you your right to appeal.
[12:36.000 --> 12:38.000]  You don't know what to appeal.
[12:38.000 --> 12:40.000]  You don't know what they ruled.
[12:40.000 --> 12:50.000]  You can't go to the Supreme and say the appeals court erred on this, this, this, and this because you don't know what this, this, this, and this is.
[12:50.000 --> 12:53.000]  They didn't tell you.
[12:53.000 --> 12:55.000]  Okay, does that make sense?
[12:55.000 --> 12:56.000]  Yes.
[12:56.000 --> 12:58.000]  Okay, now next point.
[12:58.000 --> 13:02.000]  I want to do this as a private attorney general.
[13:02.000 --> 13:08.000]  Is there any part of United States code I need to cite for doing that?
[13:08.000 --> 13:10.000]  No, no, no, no.
[13:10.000 --> 13:13.000]  This is not in code.
[13:13.000 --> 13:18.000]  Tell me what you mean by private attorney general.
[13:18.000 --> 13:25.000]  Well, you said we could sue as a private attorney general as long as it's for the benefit of the public.
[13:25.000 --> 13:28.000]  No, not exactly.
[13:28.000 --> 13:34.000]  You're not actually suing as a private attorney general.
[13:34.000 --> 13:39.000]  And there's a lot of misconception in the patriot community about that.
[13:39.000 --> 13:54.000]  What the courts call a suit where a person sues in his own behalf and in behalf of others similarly situated.
[13:54.000 --> 14:00.000]  Now those others similarly situated have to be stipulated.
[14:00.000 --> 14:03.000]  For instance, it's a traffic case.
[14:03.000 --> 14:10.000]  And they used an improper procedure to your detriment.
[14:10.000 --> 14:18.000]  Then you go look at the last hundred traffic cases and say they didn't just do this to me.
[14:18.000 --> 14:20.000]  They did this to all of these people.
[14:20.000 --> 14:23.000]  But, you know, it's a ticket.
[14:23.000 --> 14:27.000]  It's like 300 bucks to file a suit against them.
[14:27.000 --> 14:28.000]  Oh, go hire a lawyer.
[14:28.000 --> 14:31.000]  He's going to charge you five grand.
[14:31.000 --> 14:34.000]  So it costs so much to sue, almost nobody will.
[14:34.000 --> 14:44.000]  So what the courts have said, we will allow you to file a suit in your behalf and in behalf of others similarly situated.
[14:44.000 --> 14:48.000]  And if you win, you get to collect all of this.
[14:48.000 --> 14:59.000]  So it makes it economically feasible to file lawsuits for bad behavior that's not so serious.
[14:59.000 --> 15:04.000]  It's not that it is a special use to show that you're doing that.
[15:04.000 --> 15:05.000]  Yeah.
[15:05.000 --> 15:11.000]  All it is is what the courts call this kind of suit.
[15:11.000 --> 15:15.000]  They call this kind of suit a private attorney general suit.
[15:15.000 --> 15:21.000]  But you are not acting in the capacity of a private attorney general.
[15:21.000 --> 15:26.000]  And that's kind of the misconception that's out there.
[15:26.000 --> 15:38.000]  So what verbiage needs to be used to convey that I am suing for the benefit of others that have been mistreated in the same way I have?
[15:38.000 --> 15:48.000]  You just simply state that you were subjected to this due process violation, for instance.
[15:48.000 --> 15:59.000]  But you were not singled out for special persecution as this person, this person, this person, this person, at least 50 or 100 of them.
[15:59.000 --> 16:04.000]  All of these people in order were subjected to the same mistreatment.
[16:04.000 --> 16:19.000]  So then you ask the court to grant you a claim that's equal to three times all of the fees that they've collected using these improper procedures.
[16:19.000 --> 16:23.000]  Now you have a private attorney general suit.
[16:23.000 --> 16:25.000]  OK.
[16:25.000 --> 16:28.000]  So there's not really any special verbiage.
[16:28.000 --> 16:34.000]  It's just that this is just a traffic ticket. I mean, it ain't that much money.
[16:34.000 --> 16:39.000]  But they're not just doing it to me. They're doing it to everybody. So I'm suing in their behalf.
[16:39.000 --> 16:43.000]  Hang on. Going to break.
[16:43.000 --> 16:53.000]  We'll be right back. This is Randy Kelton, Rue of La Radio, on this Friday, the 21st day of October 2016.
[16:53.000 --> 17:00.000]  Our carboards are full right now, but we'll be taking your calls all night. We'll be right back.
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[19:01.000 --> 19:11.000]  You are listening to the Logos Radio Network, the logosradionetwork.com.
[19:11.000 --> 19:33.000]  Okay, we are back. Randy Kelton, Lula Radio, and we're talking to Larry in Arizona.
[19:33.000 --> 19:40.000]  Okay, Larry, where were we? I think we just finished with private attorney general.
[19:40.000 --> 19:50.000]  Yeah, in my prayer, I can ask for injunctive relief, and I can ask for a declaratory relief.
[19:50.000 --> 19:54.000]  Can I also ask for monetary, along with those other two?
[19:54.000 --> 19:58.000]  You can, but I suggest that you do not.
[19:58.000 --> 20:00.000]  Okay.
[20:00.000 --> 20:04.000]  Okay, this is all about strategy and not about law.
[20:04.000 --> 20:06.000]  Okay.
[20:06.000 --> 20:14.000]  If you, as a pro se, file a suit for damages, the first thing the other side is going to do is file a motion
[20:14.000 --> 20:17.000]  to dismiss for failure of state of claim and which recovery can be had.
[20:17.000 --> 20:21.000]  Whether you file in the state or file in the Fed, they're always going to do this.
[20:21.000 --> 20:33.000]  And the problem with that is, is whether or not the suit gets dismissed goes to the discretion of the judge.
[20:33.000 --> 20:44.000]  It goes to how he applies credence to the fact and to what law he applies to those facts.
[20:44.000 --> 20:48.000]  So he has discretion in how he does this.
[20:48.000 --> 20:57.000]  And the importance of that is, if he dismisses summarily, you don't get to discovery.
[20:57.000 --> 21:04.000]  So as a matter of strategy, I suggest if you're considering petitioning for declaratory judgment,
[21:04.000 --> 21:09.000]  you do that in a separate suit first.
[21:09.000 --> 21:18.000]  Do not ask for anything other than a declaration of the rights of the parties.
[21:18.000 --> 21:25.000]  I filed a quiet title in the district court in Tarrant County.
[21:25.000 --> 21:31.000]  The lawyers immediately removed it to the Fed.
[21:31.000 --> 21:37.000]  So it gets to the Fed and it is quiet title.
[21:37.000 --> 21:48.000]  Being quiet title, it asks for nothing but the judge to rule on the legality of the filing of a document
[21:48.000 --> 21:51.000]  in the public record under state law.
[21:51.000 --> 21:53.000]  That's it.
[21:53.000 --> 21:55.000]  Judge McBride gets it.
[21:55.000 --> 21:59.000]  And Judge McBride is a real scoundrel in the H process.
[21:59.000 --> 22:10.000]  So he dismissed it with prejudice because plaintiff failed to state a claim on which recovery can be had.
[22:10.000 --> 22:14.000]  Yeah, Bubba, that's right I did.
[22:14.000 --> 22:20.000]  What part of declaratory judgment is hard for you to understand?
[22:20.000 --> 22:26.000]  I've already filed criminal charges against him,
[22:26.000 --> 22:33.000]  and I'm in the process of pursuing those criminal charges against him for that.
[22:33.000 --> 22:42.000]  I mean, declaratory judgment does not lend itself to a motion to dismiss for failure to state a claim.
[22:42.000 --> 22:49.000]  And the important part about that is it gets you to discovery.
[22:49.000 --> 22:56.000]  And the other side never wants you to get to discovery because now you start digging in their records and taking them apart.
[22:56.000 --> 23:03.000]  So if you have declaratory judgment and claims, I suggest you do the declaratory judgment first.
[23:03.000 --> 23:09.000]  Use all that discovery to develop what you need to establish a good claim.
[23:09.000 --> 23:13.000]  And as soon as you get a ruling in the declaratory judgment, even if you get one against you,
[23:13.000 --> 23:17.000]  you don't really care because you get your discovery.
[23:17.000 --> 23:24.000]  In that suit, you move to discover everything you're going to need in your suit for damages.
[23:24.000 --> 23:26.000]  Does that make sense?
[23:26.000 --> 23:31.000]  Yes, yes. Now, can you ask for injunctive relief at the same time?
[23:31.000 --> 23:34.000]  That is injunctive relief.
[23:34.000 --> 23:40.000]  Anything you're asking for that is simply a declaration.
[23:40.000 --> 23:42.000]  You're asking for a declaration of rights.
[23:42.000 --> 23:50.000]  You're asking for an injunction against the other party.
[23:50.000 --> 23:59.000]  The judge is not granting you any damages.
[23:59.000 --> 24:03.000]  No money, no property.
[24:03.000 --> 24:06.000]  Nobody loses any money here.
[24:06.000 --> 24:12.000]  He just tells them what to do or what not to do, or he tells you what your rights are
[24:12.000 --> 24:15.000]  or what the other party's rights are.
[24:15.000 --> 24:20.000]  So, yes, you can ask for injunctive relief, absolutely.
[24:20.000 --> 24:26.000]  As long as the injunction doesn't ask the other side to pay you some money.
[24:26.000 --> 24:28.000]  Yeah, okay.
[24:28.000 --> 24:31.000]  Okay, I think that wraps up most of my questions.
[24:31.000 --> 24:33.000]  I do have one little question.
[24:33.000 --> 24:41.000]  A week or two ago, you mentioned that the donations to your beer fund were like only $150.
[24:41.000 --> 24:43.000]  Oh, yeah, it was pitiful.
[24:43.000 --> 24:46.000]  Okay, okay, I am down to half a beer.
[24:46.000 --> 24:49.000]  I'll agree with that.
[24:49.000 --> 24:55.000]  I'm getting old and half a beer puts me to sleep, but $150 all year?
[24:55.000 --> 24:58.000]  Oh, that was pitiful.
[24:58.000 --> 25:01.000]  I never just told you how much it was.
[25:01.000 --> 25:03.000]  I was shocked.
[25:03.000 --> 25:08.000]  I thought there would be untold thousands in there.
[25:08.000 --> 25:17.000]  The beer fund is really a joke because while I do have a beer fund button, it all goes to the network.
[25:17.000 --> 25:25.000]  Yeah, but I mean, I hear people doing pushes for Eddie, but I don't hear people doing pushes for you.
[25:25.000 --> 25:27.000]  That's why I was curious.
[25:27.000 --> 25:35.000]  Because people need to go to the donation page and they need to click on recurring payments.
[25:35.000 --> 25:45.000]  Yes, anything you did donate to this show goes right to the show itself.
[25:45.000 --> 25:48.000]  I don't take anything from this show.
[25:48.000 --> 25:57.000]  I probably pay more to keep this show going than any of our listeners, almost certainly.
[25:57.000 --> 26:01.000]  So I don't collect anything from doing this.
[26:01.000 --> 26:06.000]  Anything that comes in goes straight to the show to keep it on the air.
[26:06.000 --> 26:13.000]  Yeah, but no, I mean, people just need to be encouraged to make a donation.
[26:13.000 --> 26:18.000]  But if you make a recurring payment, I do a recurring payment to you every month.
[26:18.000 --> 26:24.000]  I just talked to Deborah and she said she has a few recurring payments,
[26:24.000 --> 26:29.000]  and that is what's keeping her head above water.
[26:29.000 --> 26:38.000]  There have been times when the host had to pitch in to help buy equipment to keep this thing on the air.
[26:38.000 --> 26:43.000]  And Deborah, this is her full-time job and she gets almost nothing back from it.
[26:43.000 --> 26:51.000]  So we certainly would appreciate anything you can get us to help keep this out here.
[26:51.000 --> 26:56.000]  We're trying to expand it, but we just don't have the funds.
[26:56.000 --> 27:01.000]  So if we had more funds, we could expand our reach and expand our coverage.
[27:01.000 --> 27:06.000]  But we also need another producer or two.
[27:06.000 --> 27:13.000]  We had to put in an archive last night because we didn't have anyone to produce the show.
[27:13.000 --> 27:15.000]  So we're struggling to keep it going.
[27:15.000 --> 27:23.000]  I do appreciate the fact that you donate regularly because it greatly helps.
[27:23.000 --> 27:31.000]  Yeah, but I mean, if people would just give up a fast-food lunch a month, it doesn't take a lot.
[27:31.000 --> 27:34.000]  Yeah, it adds up really quick.
[27:34.000 --> 27:38.000]  And we certainly appreciate it.
[27:38.000 --> 27:41.000]  Okay, well, that's all I needed for this evening.
[27:41.000 --> 27:44.000]  Thank you, Randy, and have a good evening.
[27:44.000 --> 27:46.000]  Okay, thank you, Larry.
[27:46.000 --> 27:51.000]  Okay, now we're going to go to – I have two Rodneys in Texas.
[27:51.000 --> 27:56.000]  One of them is – no, that's not the one I'm supposed to go to.
[27:56.000 --> 27:59.000]  I've got Austin in New York who's a first-time caller.
[27:59.000 --> 28:02.000]  I always take the first-time callers first.
[28:02.000 --> 28:04.000]  Rodney, you're back on.
[28:04.000 --> 28:10.000]  I think I know – I've got two Rodneys here, and one came up wrong in the database.
[28:10.000 --> 28:14.000]  But I know which one is there, so I'll take you next, Rodney.
[28:14.000 --> 28:16.000]  Okay, we're going to Austin in New York.
[28:16.000 --> 28:18.000]  Hello, Austin.
[28:18.000 --> 28:20.000]  Hey, Randy, how are you?
[28:20.000 --> 28:22.000]  I am good.
[28:22.000 --> 28:25.000]  Can you back away from the mic a little bit?
[28:25.000 --> 28:27.000]  We're getting a ringing behind you.
[28:27.000 --> 28:30.000]  You're booming in the mic.
[28:30.000 --> 28:32.000]  Okay, how is that?
[28:32.000 --> 28:33.000]  That's better.
[28:33.000 --> 28:37.000]  Okay, what do you have for us today?
[28:37.000 --> 28:40.000]  Hey, I was wondering about the case about Truth Raider.
[28:40.000 --> 28:46.000]  I'm going to court this Tuesday, and I was wondering if I could find out more information about that.
[28:46.000 --> 28:54.000]  How do – mine is pretty much the same case going on, just like the – when I can get the case or something.
[28:54.000 --> 28:56.000]  How is the case law?
[28:56.000 --> 29:02.000]  Okay, he is in Oregon, I believe.
[29:02.000 --> 29:04.000]  You're in New York.
[29:04.000 --> 29:08.000]  I'm in Texas, so the laws will be somewhat different.
[29:08.000 --> 29:21.000]  If you will send an email to randy at ruleoflawradio.com, I will forward it to – I said I would.
[29:21.000 --> 29:31.000]  I'm not sure if I have his email.
[29:31.000 --> 29:35.000]  Do you know what the name of the judge in the court in North City is?
[29:35.000 --> 29:40.000]  No, I have no idea, but he's in Oregon, so I don't know if that would be helpful.
[29:40.000 --> 29:43.000]  Hang on, about to go to break.
[29:43.000 --> 30:11.000]  Randy Kelton, Rule of Law Radio, we'll be right back.
[30:11.000 --> 30:15.000]  Smile. Big Brother wants a photo to remember you by.
[30:15.000 --> 30:22.000]  Why bother with iris scanning and other biometrics that take time, coercion, or cooperation when a Kodak moment could do the trick?
[30:22.000 --> 30:26.000]  I'm Dr. Catherine Albrecht, and I'll tell you more in just a moment.
[30:26.000 --> 30:28.000]  Privacy is under attack.
[30:28.000 --> 30:31.000]  When you give up data about yourself, you'll never get it back again.
[30:31.000 --> 30:36.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:36.000 --> 30:41.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:41.000 --> 30:44.000]  Privacy, it's worth hanging onto.
[30:44.000 --> 30:51.000]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[30:55.000 --> 31:01.000]  Citizens are not only getting tired of invasive government ID and tracking systems, they're saying hell no to them.
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[31:04.000 --> 31:11.000]  One click of the Air Force's proposed PhotonX camera is all you need to create someone's three-dimensional biosignature.
[31:11.000 --> 31:16.000]  This biosignature is a headshot that can be used to track the person pretty much anywhere.
[31:16.000 --> 31:18.000]  That's troubling, but it gets worse.
[31:18.000 --> 31:22.000]  The picture can be snapped from so far away, you might never know what happened.
[31:22.000 --> 31:26.000]  This is our country. We have a right to say no to these technologies.
[31:26.000 --> 31:32.000]  Join me in calling on lawmakers to outlaw the identification and tracking of law-abiding citizens.
[31:32.000 --> 31:37.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:02.000 --> 32:11.000]  Call 910-4367 and see what our powder, seeds, and oil can do for you, only at mqsa.org.
[32:11.000 --> 32:15.000]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:15.000 --> 32:19.000]  In today's America, we live in an us-against-them society, and if we the people are ever going to have a free society,
[32:19.000 --> 32:22.000]  then we're going to have to stand and defend our own rights.
[32:22.000 --> 32:26.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[32:26.000 --> 32:29.000]  and most importantly, the right to due process of law.
[32:29.000 --> 32:35.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[32:38.000 --> 32:43.000]  has put together the most comprehensive teaching tool available that will help you understand what due process is
[32:43.000 --> 32:45.000]  and how to hold courts to the rule of law.
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[33:09.000 --> 33:22.000]  You are listening to the Logos Radio Network, logosradio.com.
[33:39.000 --> 33:54.000]  Okay, we are back.
[33:54.000 --> 33:59.000]  Randy Kelton, Rule of Law Radio, and we're talking to Austin in New York.
[33:59.000 --> 34:09.000]  Okay, I don't know if I have an email from him. There's a good chance he may be listening if he is.
[34:09.000 --> 34:16.000]  Truth, will you send me an email to make sure I have one?
[34:16.000 --> 34:23.000]  And in the meantime, I have a contact in New York if you would like.
[34:23.000 --> 34:26.000]  Yeah, actually, yes, I would.
[34:26.000 --> 34:32.000]  Okay, how far are you from the Herkimer Diamond Mines?
[34:32.000 --> 34:34.000]  We're in the Rockies.
[34:34.000 --> 34:37.000]  Well, we're right in the Rockies here, right? We're right outside of Rockies here.
[34:37.000 --> 34:43.000]  Oh, you're not far then. You know where Little Falls is?
[34:43.000 --> 34:44.000]  Wait, what was that?
[34:44.000 --> 34:45.000]  Little Falls.
[34:45.000 --> 34:46.000]  Little Falls, Ethiopia?
[34:46.000 --> 34:52.000]  Yeah, Little Falls, Ithaca.
[34:52.000 --> 34:57.000]  If you stood across the Canadian River, if you stood at the Canadian River at the Herkimer Diamond Mines
[34:57.000 --> 35:04.000]  and threw a rock across the river, you would hit Pastor Massie's Higher Ground Barber College.
[35:04.000 --> 35:08.000]  I do a show with him every Monday.
[35:08.000 --> 35:16.000]  And he knows everybody, what is anybody, in New York in legal reform.
[35:16.000 --> 35:19.000]  Okay, can I get a number then?
[35:19.000 --> 35:26.000]  Well, if you will send me an email with your contact information, I will forward it to him.
[35:26.000 --> 35:28.000]  Okay, thank you very much.
[35:28.000 --> 35:38.000]  You are most welcome. And if Truth sends me an email, I will forward that to him as well, to you as well.
[35:38.000 --> 35:39.000]  One more question.
[35:39.000 --> 35:43.000]  Okay, thank you very much. And Walt's got one question for you, okay? Here's him.
[35:43.000 --> 35:45.000]  Okay.
[35:45.000 --> 35:47.000]  Oh, Randy, can you hear me okay?
[35:47.000 --> 35:54.000]  Yes, I can. Wait a minute, is this Dee Walt in New York?
[35:54.000 --> 35:57.000]  Yes, Dee Walt from New York, from Rochester, New York. Yes, sir.
[35:57.000 --> 36:02.000]  In the Blashin' Flood, for where have you been?
[36:02.000 --> 36:05.000]  Well, I told you I was going to get back to you, but here's what I want to ask you right now.
[36:05.000 --> 36:11.000]  I sent you a check with beer money written on it in June. The check has never been cashed.
[36:11.000 --> 36:14.000]  I'm concerned your mail's getting sold.
[36:14.000 --> 36:18.000]  Did you send it to me or to Debra?
[36:18.000 --> 36:22.000]  I sent it to your Box 1. What's the name of your city again in Texas?
[36:22.000 --> 36:40.000]  Oh, Boyd, Texas. I remember getting something and it had a check in it and I think I got it and I might not have gotten it to the bank.
[36:40.000 --> 36:44.000]  Okay, well that check is probably no good anymore, right?
[36:44.000 --> 36:53.000]  Probably not. That's probably why I ran out of beer.
[36:53.000 --> 36:57.000]  Randy, I remember I was talking to you about one time and I was going to get back to you.
[36:57.000 --> 37:07.000]  Also, I sent you a package a little while ago and then it was a photocopy of a book and it called The Secret Oath of Lawyers. Did you get it?
[37:07.000 --> 37:13.000]  I believe that I did. I'm looking in my mail, Paul.
[37:13.000 --> 37:22.000]  Matter of fact, I don't know, The Secret Oath of Lawyers, that doesn't ring a bell, but I did get a package from you.
[37:22.000 --> 37:26.000]  And that's the reason we're not getting any rights in the court, Randy.
[37:26.000 --> 37:35.000]  It's all hidden. The real reason is much more serious and it's being put out on the radio stations, why we have no rights in the court.
[37:35.000 --> 37:39.000]  You told me on the phone, you said, well, you got your finger on it? I said, yes, I do.
[37:39.000 --> 37:42.000]  And I'm going to call you again and I'd like to talk to you about it again.
[37:42.000 --> 37:48.000]  Okay. I'm glad you brought it back to my attention. I'm making a note. I will pull that back out and look at it.
[37:48.000 --> 37:52.000]  All right. I'll just give you about one little bit of what we talked about.
[37:52.000 --> 37:56.000]  I told you my grandparents who came here from Poland in 1905, remember that?
[37:56.000 --> 37:58.000]  Yes.
[37:58.000 --> 38:09.000]  Okay. They came here for a very serious reason. And what was going on there in that part of Europe back then was just before the bloody revolution and the Bolshevik Revolution.
[38:09.000 --> 38:14.000]  And right after that, one year after that, Randy, you had World War I that started.
[38:14.000 --> 38:20.000]  And we're not being told the real reason for that. It has to do with the follow-up of the Bolshevik Revolution.
[38:20.000 --> 38:28.000]  There was an operation started and started there in Russia in 1917 and it went into Europe. It took two wars to complete it.
[38:28.000 --> 38:39.000]  And the very target of Russia in 1917 and Poland and all those countries was to destroy Christian civilization.
[38:39.000 --> 38:45.000]  And all you got to do is look up this article in the New York Times by General William Donovan.
[38:45.000 --> 38:56.000]  That was the article, but the author in the newspaper was Joe Sharkey, S-H-A-R-K-E-Y, January 3rd or January 13, 2002.
[38:56.000 --> 39:02.000]  And you're going to see something that's going to blow – the listeners are going to – they're not going to believe what they're going to see in that article.
[39:02.000 --> 39:09.000]  When General William Donovan, who worked for Eisenhower, went over to the Nuremberg Trials,
[39:09.000 --> 39:15.000]  he recorded everything that happened and he kept them classified for 50 years until he died.
[39:15.000 --> 39:20.000]  And when the people are going to see that article, what was really going on in World War I and World War II, Randy,
[39:20.000 --> 39:25.000]  I'll just give you a little bit of it, was in that article. It was hidden in the New York Times newspaper.
[39:25.000 --> 39:32.000]  It said the secret mission of Nazis was to kill Christian Germany.
[39:32.000 --> 39:38.000]  Now, you think about this, Randy, what's going on in this country now started after World War II.
[39:38.000 --> 39:45.000]  It's the same thing. It's to finish the job with the Christian civilization in the United States of America.
[39:45.000 --> 39:47.000]  What Christian means, Randy, is this.
[39:47.000 --> 39:52.000]  Why were they killing Jews? Because they weren't Christians.
[39:52.000 --> 39:59.000]  Are you speaking to the whole belief system and not just specifically Christians?
[39:59.000 --> 40:04.000]  Well, I don't know. I was talking when you said something about – did you say something about the Jews? I missed that.
[40:04.000 --> 40:09.000]  Yeah, because the Germans primarily killed Jews, not Christians.
[40:09.000 --> 40:14.000]  Well, that's what I'm trying to tell you, Randy. That's not what the truth is.
[40:14.000 --> 40:20.000]  The secret agenda of the Nazis was to kill Christians, not Jews.
[40:20.000 --> 40:25.000]  Now, you have to read that article. It was all secret, put away for 50 years.
[40:25.000 --> 40:30.000]  And the reason it was put away for 50 years is because the Nazis had to come in this country,
[40:30.000 --> 40:34.000]  get a foothold in it, and now it's too late. All this information is coming out.
[40:34.000 --> 40:41.000]  And the real agenda in Germany and all of Europe was to kill all those nations that kept the Moses laws,
[40:41.000 --> 40:45.000]  which are really just Christian laws. That's all they are, and destroy all that.
[40:45.000 --> 40:50.000]  They did it in Russia in 1917. They gutted every Christian church.
[40:50.000 --> 40:56.000]  They killed 150,000 Catholic priests. I'm not saying they're good Christians, but they got rid of Russia.
[40:56.000 --> 41:02.000]  It used to be a nation with laws, moral laws like Moses Christian laws.
[41:02.000 --> 41:05.000]  Then they took care of Europe. World War I and II, they did it.
[41:05.000 --> 41:09.000]  You have to look at that article by Joe Sharkey, and it'll tell you the truth.
[41:09.000 --> 41:12.000]  Now, here's a proof. What a case law is going to prove it right now.
[41:12.000 --> 41:19.000]  All the listeners have to do is look up this case law that's in New York City in 2006.
[41:19.000 --> 41:26.000]  It's called Skoros versus the City of New York. And also, it says this.
[41:26.000 --> 41:29.000]  Let me just tell you what it says. I'm going to come right out and say it, Randy.
[41:29.000 --> 41:36.000]  It says that it is constitutional for Jewish and Muslim religious symbols to be displayed.
[41:36.000 --> 41:43.000]  It is constitutional. It's not constitutional for Christian. That's who's doing it.
[41:43.000 --> 41:46.000]  They're doing it here the same way they did in Russia in 19...
[41:46.000 --> 41:54.000]  Hold on, hold on. They're saying this case says it's constitutional for Jews and Muslims,
[41:54.000 --> 41:57.000]  but it's not constitutional for Christians.
[41:57.000 --> 42:02.000]  Not only that. Let me tell you what else I found out from the Department of Homeland Security.
[42:02.000 --> 42:08.000]  It's an incredible revelation I found out by accident. It's going to back this all up, what I'm telling you, Randy.
[42:08.000 --> 42:14.000]  You know we're getting flooded with immigrants. Flooded. And here's what they're doing.
[42:14.000 --> 42:19.000]  The same way they did to Russia, Europe, and now they're finishing off the United States of America.
[42:19.000 --> 42:21.000]  The same way. And here's what they're doing.
[42:21.000 --> 42:26.000]  I know these people that came over from somewhere over there in a sand pit over there, one of those countries.
[42:26.000 --> 42:30.000]  They're the tailors over my neighborhood. They do sewing for my pants and everything.
[42:30.000 --> 42:35.000]  He asked me to help them learn how to speak. They can't speak English because they have to take a test
[42:35.000 --> 42:38.000]  to become a citizen of the United States of America.
[42:38.000 --> 42:42.000]  And I saw the literature they were sent in the mail by the Department of Homeland Security
[42:42.000 --> 42:46.000]  and the U.S. Citizen Immigration Agency.
[42:46.000 --> 42:51.000]  And they all have to pass a test, Randy, to become a citizen. They have to do this.
[42:51.000 --> 42:55.000]  They have to pledge allegiance to uphold the Constitution of the United States
[42:55.000 --> 42:57.000]  and to bear arms as protected as necessary.
[42:57.000 --> 43:04.000]  So here's what's happening, Randy. All the good people in this country that are Christians,
[43:04.000 --> 43:10.000]  and mainly white people that keep that law, we are not given those rights.
[43:10.000 --> 43:14.000]  But all these other immigrants and other nations and other races that come in,
[43:14.000 --> 43:17.000]  they're going to be given the Constitutional rights, and we are not.
[43:17.000 --> 43:23.000]  That's exactly what happened in Russia in 1917 and Europe in World War I and World War II.
[43:23.000 --> 43:28.000]  Okay. Wait a minute. Wait a minute. You're reaching way, way out there
[43:28.000 --> 43:32.000]  and making some really general assertions.
[43:32.000 --> 43:35.000]  Well, look at that article. Look at Joe Sharpton's article.
[43:35.000 --> 43:39.000]  You will see that the Nazi secret agenda was not to go after Jews.
[43:39.000 --> 43:44.000]  So what? We're not Nazis here. Hang on. About to go to break.
[43:44.000 --> 43:50.000]  Randy Kelvin, Wheel of War Radio, I'll call it number 512-646-1984.
[43:50.000 --> 43:55.000]  We'll be right back if the Nazis don't screw up our show in the meantime.
[43:55.000 --> 43:57.000]  We'll be right back.
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[44:47.000 --> 45:01.000]  Naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:14.000 --> 46:30.000]  Okay, we are back.
[46:30.000 --> 46:37.000]  Randy Kelton, Rule of Law Radio, and we're talking to Walt in New York.
[46:37.000 --> 46:48.000]  Walt, I have SCOROS v. City of New York, and you want to tell me where in this decision
[46:48.000 --> 46:54.000]  they state that the Christian symbolism is unconstitutional?
[46:54.000 --> 47:01.000]  The symbols, yes. I don't have that case in front of me. I have it in a book I read about it.
[47:01.000 --> 47:08.000]  I got it here in front of me. Just do SCOROS v. City of New York, and you'll hit right on it.
[47:08.000 --> 47:13.000]  The court has recognized that when government endeavors to police itself,
[47:13.000 --> 47:20.000]  and it employs in an effort to avoid transgressing established clause limits,
[47:20.000 --> 47:27.000]  it must be accorded some leeway even though the conduct it forbids might not inevitably be determined
[47:27.000 --> 47:33.000]  to violate an establishment clause. This is a pretty big case.
[47:33.000 --> 47:42.000]  Let me try to get down to the bottom here and find the conclusion in their decision.
[47:42.000 --> 47:49.000]  This is a very large case. It's speaking about, what I got at the beginning,
[47:49.000 --> 47:58.000]  is speaking about some religious activities that apparently got banned
[47:58.000 --> 48:06.000]  and the ones who were interfered with their claim. Here's the conclusion.
[48:06.000 --> 48:09.000]  For the following reasons, I concur with the affirmative decision.
[48:09.000 --> 48:16.000]  Free exercise of parental rights claims, I respectfully back up on.
[48:16.000 --> 48:23.000]  In the majority holdings to SCOROS, free exercise and parental rights claims.
[48:23.000 --> 48:29.000]  Okay, these are dissenting opinions. That's a concurring.
[48:29.000 --> 48:34.000]  Entanglement. The endorsement problem here is excessive.
[48:34.000 --> 48:41.000]  Now, this is a big decision. I'm trying to find something succinct,
[48:41.000 --> 48:47.000]  but this doesn't look like it goes to Christians at all.
[48:47.000 --> 48:56.000]  Oh yeah, I read it somewhere in there. If you don't see it, it's in there, Randy.
[48:56.000 --> 49:05.000]  Apparently, this looks like more, the Christmas tree is purely a secular symbol.
[49:05.000 --> 49:11.000]  The Christmas tree, unlike menorah, is itself a religious symbol.
[49:11.000 --> 49:19.000]  This is about symbols, about symbolism. It sounds like parents are going after each other.
[49:19.000 --> 49:23.000]  Furthermore, though the district court and majority attempt to characterize
[49:23.000 --> 49:28.000]  some of the stars depicted in the display as stars of Bethlehem,
[49:28.000 --> 49:33.000]  there is nothing in the displays that suggests such a conclusion.
[49:33.000 --> 49:38.000]  Oh, this is about Christians.
[49:38.000 --> 49:45.000]  I'm going to bet this has to do with a Christian Christmas display on public property.
[49:45.000 --> 49:51.000]  The other Christian symbols, the DOE and capital letters,
[49:51.000 --> 49:58.000]  allows to be displayed as part of the secular holiday celebration or purely secular.
[49:58.000 --> 50:05.000]  As Judge Posner noted in American Civil Liberties Union v. St. Charles,
[50:05.000 --> 50:11.000]  there is nothing distinctively Christian about reindeer, Santa Claus, gift giving, eggnog,
[50:11.000 --> 50:19.000]  tinsel toys, retail sales, roast goose, or the music as distinct from the words of Christian carol.
[50:19.000 --> 50:24.000]  Some symbols that are Christian, such as the holy wreath,
[50:24.000 --> 50:31.000]  which both symbolizes Christian homogeny and recalls the crown of thorns
[50:31.000 --> 50:36.000]  that was placed on his head before he was crucified to mock his supposed kingship,
[50:36.000 --> 50:38.000]  have lost their Christian connotations.
[50:38.000 --> 50:43.000]  They are regarded by most people, including most Christians, as purely decorative.
[50:43.000 --> 50:49.000]  The five-point star of Bethlehem, while unmistakably a part of the story of the birth of Jesus,
[50:49.000 --> 50:54.000]  is the same star used in the American flag and in many other secular settings.
[50:54.000 --> 50:59.000]  It too has lost its religious connotations for most people.
[50:59.000 --> 51:04.000]  Okay, this sounds like, it's a very large case, it'd take a while to read,
[51:04.000 --> 51:10.000]  but it certainly sounds like someone's complaining about Christian displays,
[51:10.000 --> 51:15.000]  and the only way they would be able to complain about them is if they were on public property.
[51:15.000 --> 51:22.000]  And there was a big uproar a number of years ago about Christian,
[51:22.000 --> 51:30.000]  about the local governments putting on purely Christian displays,
[51:30.000 --> 51:33.000]  and it was really against that.
[51:33.000 --> 51:37.000]  Well, Randy, can I just say one thing?
[51:37.000 --> 51:43.000]  There's this writer, Michael Rivera, R-I-V-E-R-O.
[51:43.000 --> 51:46.000]  He was on the Rule of Law Show about a year ago.
[51:46.000 --> 51:49.000]  Yeah, yeah, I started to say, I knew Michael Rivera.
[51:49.000 --> 51:52.000]  He was on the Tom Keiley Show.
[51:52.000 --> 52:02.000]  And I want to get on there to ask him a question about his article that he wrote in May 31st of 2004.
[52:02.000 --> 52:09.000]  And the title of the article is, The Auschwitz Museum Director Reveals Gas Chamber Hoax.
[52:09.000 --> 52:14.000]  And Michael Rivera very well knows that there's plenty of evidence,
[52:14.000 --> 52:18.000]  all kinds of evidence, Randy, it's not coming out in the mainstream,
[52:18.000 --> 52:23.000]  that those gas chambers in Poland didn't exist until after World War II.
[52:23.000 --> 52:24.000]  And Michael Rivera...
[52:24.000 --> 52:27.000]  Okay, hold on, hold on. You know, I've heard this kind of stuff.
[52:27.000 --> 52:31.000]  I was just held on for a half hour and the show ended.
[52:31.000 --> 52:35.000]  I haven't seen, you know, I hear lots of stuff like this.
[52:35.000 --> 52:38.000]  I never get any evidence. All I get is talk.
[52:38.000 --> 52:47.000]  And besides, hold on, hold on. This is not a political show.
[52:47.000 --> 52:50.000]  I don't do politics. I try to stay out of politics.
[52:50.000 --> 52:55.000]  And one thing I absolutely do not do is vague generalizations,
[52:55.000 --> 53:03.000]  especially when those vague generalizations are casting incredible dispersions on whole groups of individuals.
[53:03.000 --> 53:05.000]  Not a place I go to.
[53:05.000 --> 53:10.000]  I am a creature of statute. I'm an engineer.
[53:10.000 --> 53:14.000]  One of my rules is never make a proactive statement of law out of your own mouth.
[53:14.000 --> 53:17.000]  I want to see the code. I want to see the law.
[53:17.000 --> 53:20.000]  You referred me to a case and it's a huge case.
[53:20.000 --> 53:24.000]  Just generally, I need specifics.
[53:24.000 --> 53:28.000]  I won't talk about how one group is trying to murder another group.
[53:28.000 --> 53:31.000]  You know, I've heard this stuff for 40 years.
[53:31.000 --> 53:35.000]  Same stuff, never any support.
[53:35.000 --> 53:39.000]  I'm not going there.
[53:39.000 --> 53:43.000]  Wait a minute. This is not a pulpit.
[53:43.000 --> 53:48.000]  If you have a question on a specific point of law, that's why I'm here.
[53:48.000 --> 53:53.000]  But I'm not going to do a general condemnation of a whole group of people.
[53:53.000 --> 53:58.000]  I'm not doing that here. I don't have the facts for it, don't have the time for it.
[53:58.000 --> 54:01.000]  I just want to say something else then.
[54:01.000 --> 54:03.000]  I told you at the beginning of this conversation here,
[54:03.000 --> 54:09.000]  I said there's a reason why we're not getting rights in the court, constitutional rights.
[54:09.000 --> 54:13.000]  And you always say, Randy, it's not the laws, it's politics.
[54:13.000 --> 54:14.000]  Exactly.
[54:14.000 --> 54:16.000]  It's politics we need to face.
[54:16.000 --> 54:20.000]  But all politics is local.
[54:20.000 --> 54:22.000]  No, it's more than that.
[54:22.000 --> 54:29.000]  It encompasses the government, local, state, and high up, churches.
[54:29.000 --> 54:36.000]  Okay, you're implying that there's a pervading, ongoing conspiracy
[54:36.000 --> 54:43.000]  on the part of our public officials to deny all of us of our rights.
[54:43.000 --> 54:46.000]  That is so ludicrous.
[54:46.000 --> 54:48.000]  I'm not going to say that.
[54:48.000 --> 54:53.000]  The government can't get three people on the same page.
[54:53.000 --> 55:00.000]  And you're telling me that these lawyers I know personally, have known for years,
[55:00.000 --> 55:08.000]  really have this hidden, secret agenda that nobody has ever revealed.
[55:08.000 --> 55:10.000]  That is ludicrous.
[55:10.000 --> 55:12.000]  These lawyers are chumps.
[55:12.000 --> 55:15.000]  They can't keep anything secret.
[55:15.000 --> 55:22.000]  All right, Randy, how about President Roosevelt, Executive Order 6111,
[55:22.000 --> 55:27.000]  and also the Supreme Court case, Erie Railroad versus Tompkins,
[55:27.000 --> 55:32.000]  that shows very clearly that the United States wanted the bankruptcy in 1938,
[55:32.000 --> 55:34.000]  was taken over by the international bankers.
[55:34.000 --> 55:37.000]  They're the ones bringing this in, this communism.
[55:37.000 --> 55:38.000]  No, no, no, don't stop.
[55:38.000 --> 55:40.000]  Wait a minute.
[55:40.000 --> 55:46.000]  You say there was a bankruptcy in 31, and then you jump to these huge conclusions
[55:46.000 --> 55:48.000]  based on the bankruptcy.
[55:48.000 --> 55:50.000]  I don't make those leaps.
[55:50.000 --> 55:51.000]  I'm an engineer.
[55:51.000 --> 55:53.000]  You've got to connect all those dots for me.
[55:53.000 --> 55:55.000]  And I've heard this story.
[55:55.000 --> 55:57.000]  I talked to Winston Shroud.
[55:57.000 --> 56:01.000]  I did a show with him, and he went through all this.
[56:01.000 --> 56:06.000]  And I said, Winston, I'm a creature, a statute.
[56:06.000 --> 56:12.000]  So where is the law and the statutes that support these assertions
[56:12.000 --> 56:14.000]  and contentions that you're making?
[56:14.000 --> 56:18.000]  He said, well, I don't think there is any.
[56:18.000 --> 56:21.000]  Well, then where did you come up with all this?
[56:21.000 --> 56:25.000]  He said, well, I figured it out.
[56:25.000 --> 56:28.000]  You figured it out.
[56:28.000 --> 56:32.000]  So essentially what you're saying is you made it up.
[56:32.000 --> 56:38.000]  And to his credit, long pause, and he said, well, yes, as a matter of fact, I did.
[56:38.000 --> 56:40.000]  I said, right.
[56:40.000 --> 56:44.000]  I said, Winston, I can't go into court if I made it up.
[56:44.000 --> 56:51.000]  I need facts and law, and I'm getting neither one of those.
[56:51.000 --> 56:54.000]  The fact that there was a bankruptcy, as far as I'm concerned,
[56:54.000 --> 56:57.000]  didn't have anything to do with the Constitution.
[56:57.000 --> 56:58.000]  Yes, it does.
[56:58.000 --> 56:59.000]  How?
[56:59.000 --> 57:00.000]  How?
[57:00.000 --> 57:03.000]  People keep saying, oh, the Constitution don't apply anymore,
[57:03.000 --> 57:08.000]  but nobody can show me how they just do these vague generalizations,
[57:08.000 --> 57:11.000]  and you should trust what I say on faith.
[57:11.000 --> 57:12.000]  Well, I'm not good with faith.
[57:12.000 --> 57:14.000]  I need facts and law.
[57:14.000 --> 57:15.000]  Give me something.
[57:15.000 --> 57:16.000]  Yeah.
[57:16.000 --> 57:22.000]  Let me show you how the bankruptcy contributes to what we're talking about,
[57:22.000 --> 57:26.000]  because there is a contract over the United States of America now,
[57:26.000 --> 57:30.000]  because a foreign entity owns the United States of America,
[57:30.000 --> 57:32.000]  and they're slowly taking over all the projects.
[57:32.000 --> 57:33.000]  Hold, hold, hold, hold.
[57:33.000 --> 57:36.000]  What contract?
[57:36.000 --> 57:38.000]  Well, first of all, part of it's called the UCC.
[57:38.000 --> 57:39.000]  That's part of it.
[57:39.000 --> 57:42.000]  It's the Ungodly Communist Corruption.
[57:42.000 --> 57:46.000]  The Uniform Commercial Code is not a contract.
[57:46.000 --> 57:52.000]  It's a set of statutes that it is the law of contract, but it's not a contract.
[57:52.000 --> 57:54.000]  What are those UCCs under?
[57:54.000 --> 57:56.000]  What is the bankruptcy?
[57:56.000 --> 58:00.000]  Who is the creditor that owns us now?
[58:00.000 --> 58:02.000]  Hold on, hold on.
[58:02.000 --> 58:06.000]  That presupposes there is a creditor that owns us.
[58:06.000 --> 58:09.000]  You haven't established that there is a creditor that owns us.
[58:09.000 --> 58:13.000]  The country is bankrupt.
[58:13.000 --> 58:14.000]  Okay.
[58:14.000 --> 58:17.000]  Show me that it's bankrupt.
[58:17.000 --> 58:23.000]  You're making these vague general suppositions, but I have no support behind it.
[58:23.000 --> 58:50.000]  If anyone is about to go to break, Randy Kelton, Wheel of Law Radio, will be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:24.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.000 --> 59:28.000]  growing in Christ and how to build up the church.
[59:28.000 --> 59:33.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.000 --> 59:40.000]  call Bibles for America toll free at 888-551-0102.
[59:40.000 --> 59:45.000]  That's 888-551-0102.
[59:45.000 --> 59:50.000]  Or visit us online at bfa.org.
[59:50.000 --> 01:00:00.000]  Live, free speech radio, logosradionetwork.com.
[01:00:00.000 --> 01:00:05.000]  The following use flash is brought to you by the Lone Star Lowdown,
[01:00:05.000 --> 01:00:10.000]  providing the daily bulletins for the commodities market, today in history,
[01:00:10.000 --> 01:00:21.000]  news updates, and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:28.000]  Markets for Wednesday, the 5th of October, 2016, are currently trading with gold at $1,266.60 an ounce,
[01:00:28.000 --> 01:00:33.000]  silver at $17.72 an ounce, Texas crude at $48.69 a barrel,
[01:00:33.000 --> 01:00:43.000]  and Bitcoin is currently sitting at about $613 U.S. currency.
[01:00:43.000 --> 01:00:48.000]  Today in history, the year 1947, the first televised White House presidential address
[01:00:48.000 --> 01:00:56.000]  is given by then U.S. President Harry S. Truman, today in history.
[01:00:56.000 --> 01:01:00.000]  And recent news, the Parish Climate Agreement is set to take effect next month,
[01:01:00.000 --> 01:01:03.000]  adopted by consensus on December 12, 2015,
[01:01:03.000 --> 01:01:07.000]  at the 21st Conference of the Parties of the UNFCCC,
[01:01:07.000 --> 01:01:11.000]  or United Nations Framework Convention on Climate Change in Paris,
[01:01:11.000 --> 01:01:15.000]  and open for signatures on the 22nd of April, 2016, Earth Day,
[01:01:15.000 --> 01:01:17.000]  and a ceremony in New York City.
[01:01:17.000 --> 01:01:19.000]  It is set to take effect on November 4.
[01:01:19.000 --> 01:01:22.000]  It is essentially a global agreement for the redirecting of the world economy
[01:01:22.000 --> 01:01:26.000]  away from fossil fuels towards more greenhouse-friendly forms of energy.
[01:01:26.000 --> 01:01:30.000]  President Obama, speaking from the Rose Garden, talking about the agreement,
[01:01:30.000 --> 01:01:35.000]  said that, quote, this gives us the best possible shot to save the one planet we've got,
[01:01:35.000 --> 01:01:40.000]  and that one of the reasons I took this office was to make America the leader in this mission.
[01:01:40.000 --> 01:01:43.000]  The agreement already has support from major greenhouse gas emitters
[01:01:43.000 --> 01:01:45.000]  like China, the United States, and India,
[01:01:45.000 --> 01:01:50.000]  and in total 72 out of 195 countries have ratified the agreement, according to the UN.
[01:01:50.000 --> 01:01:53.000]  Republican presidential candidate Donald Trump opposes the agreement
[01:01:53.000 --> 01:01:56.000]  since it lacks the approval of the U.S. Congress,
[01:01:56.000 --> 01:01:59.000]  while Democratic nominee Hillary Clinton is a strong supporter.
[01:02:04.000 --> 01:02:08.000]  More than 50 correctional officers and inmates inside Maryland's largest state prison
[01:02:08.000 --> 01:02:12.000]  were charged by prosecutors Wednesday, today, with bribery and drug conspiracy.
[01:02:12.000 --> 01:02:15.000]  The guards are accused of smuggling cell phones, tobacco, and drugs
[01:02:15.000 --> 01:02:18.000]  into the Eastern Shore facility in exchange for money and sex,
[01:02:18.000 --> 01:02:22.000]  according to indictments unsealed in a federal investigation.
[01:02:22.000 --> 01:02:24.000]  Apparently, prison guards were passing through security
[01:02:24.000 --> 01:02:27.000]  with undetected heroin, cocaine, and pornographic videos,
[01:02:27.000 --> 01:02:30.000]  which were then handed off to inmates in exchange for hundreds of dollars.
[01:02:30.000 --> 01:02:32.000]  They were also being accused of warning inmates
[01:02:32.000 --> 01:02:35.000]  when prison officials were preparing to search cells
[01:02:35.000 --> 01:02:39.000]  and of using force and intimidation to silence inmates who were reporting the smuggling.
[01:02:39.000 --> 01:02:42.000]  According to court records, inmates were using the prison phones
[01:02:42.000 --> 01:02:46.000]  and their contraband cell phones to pay off correctional officers through PayPal.
[01:02:46.000 --> 01:02:48.000]  They were hustling $500 for each package on average
[01:02:48.000 --> 01:02:52.000]  and as much as $3,000 a week, according to investigators.
[01:02:52.000 --> 01:02:57.000]  This is Rick Rode with your Lowdown for October 5th, 2016.
[01:03:15.000 --> 01:03:17.000]  Okay, we are back.
[01:03:17.000 --> 01:03:20.000]  Randy Kelton, Rule of Law Radio.
[01:03:20.000 --> 01:03:23.000]  We're talking to Walt in New York.
[01:03:23.000 --> 01:03:25.000]  Okay, Walt.
[01:03:25.000 --> 01:03:32.000]  Take me to the beginning and bring me to where we're at.
[01:03:32.000 --> 01:03:36.000]  I just want to tell you how we can prove there's a bankruptcy right now.
[01:03:36.000 --> 01:03:39.000]  Oh, there was a bankruptcy.
[01:03:39.000 --> 01:03:41.000]  And here's how we know...
[01:03:41.000 --> 01:03:43.000]  But what difference does that make?
[01:03:43.000 --> 01:03:45.000]  I'll show you.
[01:03:45.000 --> 01:03:51.000]  No attorney today with a bar card will take any case law prior to 1938
[01:03:51.000 --> 01:03:54.000]  because that's constitutional law into the courts.
[01:03:54.000 --> 01:03:56.000]  Hold on, hold on.
[01:03:56.000 --> 01:04:01.000]  Okay, two things, Walt.
[01:04:01.000 --> 01:04:05.000]  One is that's an unsupported supposition.
[01:04:05.000 --> 01:04:10.000]  You made this grand statement with no support.
[01:04:10.000 --> 01:04:13.000]  Two, you can't talk over me.
[01:04:13.000 --> 01:04:18.000]  Because there's a suppressor on the system, and if I'm talking and you try to talk,
[01:04:18.000 --> 01:04:22.000]  it'll push your voice down under me so nobody will hear it.
[01:04:22.000 --> 01:04:30.000]  Okay, I'm a creature of statute, and this is a show about facts and law.
[01:04:30.000 --> 01:04:38.000]  So give me this argument with stipulation, not with just some vague generalizations.
[01:04:38.000 --> 01:04:41.000]  Okay, go ahead.
[01:04:41.000 --> 01:04:45.000]  Okay, Randy, give me a name of one attorney.
[01:04:45.000 --> 01:04:50.000]  Please do it for the listeners that will use pre-38 case law
[01:04:50.000 --> 01:04:52.000]  that's constitutional common law in the court today.
[01:04:52.000 --> 01:04:54.000]  Give me one name of an attorney.
[01:04:54.000 --> 01:04:57.000]  Oh, let me think. Kelly.
[01:04:57.000 --> 01:05:00.000]  Kelly in Texas used Carpenter Longan.
[01:05:00.000 --> 01:05:02.000]  Wait a minute, Randy. How about...
[01:05:02.000 --> 01:05:06.000]  Carpenter Longan is 1878.
[01:05:06.000 --> 01:05:09.000]  I just read in a case the other day.
[01:05:09.000 --> 01:05:13.000]  Randy, how about Harmon Taylor? I talked to him on the phone about this.
[01:05:13.000 --> 01:05:15.000]  Why did he give up his bar card?
[01:05:15.000 --> 01:05:20.000]  Because he was representing...
[01:05:20.000 --> 01:05:28.000]  His client was a grandmother of one of the children killed in the J.P. Moore building,
[01:05:28.000 --> 01:05:35.000]  and he filed an action claiming that what they were doing was unconstitutional,
[01:05:35.000 --> 01:05:42.000]  and he says that the judges hit him over the head with a padded two-by-four.
[01:05:42.000 --> 01:05:47.000]  They let him know that the Constitution did not apply.
[01:05:47.000 --> 01:05:49.000]  There you go.
[01:05:49.000 --> 01:05:53.000]  You didn't listen to the rest of it, Walt.
[01:05:53.000 --> 01:05:55.000]  It don't matter. That's what counts right there.
[01:05:55.000 --> 01:05:59.000]  No, it doesn't. You don't get to take one piece out of the center of something
[01:05:59.000 --> 01:06:07.000]  and make these wild, vague accusations. What they told him was...
[01:06:07.000 --> 01:06:12.000]  The Constitution does not apply in this court.
[01:06:12.000 --> 01:06:18.000]  Statute applies in this court, and the statute is by contract.
[01:06:18.000 --> 01:06:23.000]  The Constitution is done for Christians in this country, Randy.
[01:06:23.000 --> 01:06:28.000]  That's nonsense. That's just utter nonsense.
[01:06:28.000 --> 01:06:34.000]  You're making up stuff. You're making up stuff to fit your Christian bias.
[01:06:34.000 --> 01:06:39.000]  Everybody's out to get the Christians. No, they're not.
[01:06:39.000 --> 01:06:43.000]  Most of them don't care about the Christians.
[01:06:43.000 --> 01:06:46.000]  They're too busy with their own problems.
[01:06:46.000 --> 01:06:55.000]  Look, Walt, I don't have... This is bigotry, and I don't do bigotry.
[01:06:55.000 --> 01:07:02.000]  You seem to hate everybody who doesn't agree with your particular perspective
[01:07:02.000 --> 01:07:05.000]  on how the Christians are being picked on by everybody.
[01:07:05.000 --> 01:07:10.000]  This is nonsense, and I've been through this nonsense for 40 years.
[01:07:10.000 --> 01:07:16.000]  I've never got anything but hate and vitripude, and that's all I'm getting here.
[01:07:16.000 --> 01:07:19.000]  What do you see out there in this country? What do you see every day now?
[01:07:19.000 --> 01:07:21.000]  What's happening to this society?
[01:07:21.000 --> 01:07:26.000]  I don't see any difference than I saw 40 years ago.
[01:07:26.000 --> 01:07:34.000]  I see everybody out there is doing the best they can based on their current circumstances.
[01:07:34.000 --> 01:07:42.000]  We have more rights and liberty and freedom now than we had when I was in my teens.
[01:07:42.000 --> 01:07:46.000]  The police are a lot under a lot better control.
[01:07:46.000 --> 01:07:51.000]  Given the problems that we're having, they're still under better control than they were.
[01:07:51.000 --> 01:07:55.000]  When I was growing up, police dragged you off the street, beat you half to death,
[01:07:55.000 --> 01:07:59.000]  throw you in jail. There was not anything you could do about it.
[01:07:59.000 --> 01:08:02.000]  You can now.
[01:08:02.000 --> 01:08:07.000]  Walt, this is the wrong show.
[01:08:07.000 --> 01:08:12.000]  You need to call in Pastor Master's show.
[01:08:12.000 --> 01:08:17.000]  See what the pastor has to say about this?
[01:08:17.000 --> 01:08:24.000]  I don't think he's going to be any more tolerant of this kind of bigotry than I am.
[01:08:24.000 --> 01:08:25.000]  Bigotry?
[01:08:25.000 --> 01:08:28.000]  Bigotry. This is bigotry.
[01:08:28.000 --> 01:08:34.000]  You are demonstrating that you hate everybody that doesn't agree with you.
[01:08:34.000 --> 01:08:41.000]  I hear this stuff all the time, and frankly, I have no patience for this.
[01:08:41.000 --> 01:08:48.000]  If I ask you for specificity at all, it gets more vague, general garbage.
[01:08:48.000 --> 01:08:51.000]  So we're not going to do this on my show anymore.
[01:08:51.000 --> 01:08:54.000]  This is a show about facts and law.
[01:08:54.000 --> 01:08:57.000]  If you have a legal issue, I'd be glad to talk to you about it.
[01:08:57.000 --> 01:09:03.000]  But I'm not going to talk to you about your delusion that everybody's out to get you.
[01:09:03.000 --> 01:09:07.000]  Walt, you're just not that important.
[01:09:07.000 --> 01:09:11.000]  Christians as a whole are not that important in the overall scheme of things.
[01:09:11.000 --> 01:09:14.000]  The Muslims, they're not that important.
[01:09:14.000 --> 01:09:17.000]  The Jews aren't that important.
[01:09:17.000 --> 01:09:21.000]  We don't get to feel mistreated.
[01:09:21.000 --> 01:09:23.000]  This is not the world out after us.
[01:09:23.000 --> 01:09:30.000]  The world, everybody's just doing the best they can, given the circumstances they have.
[01:09:30.000 --> 01:09:38.000]  This whole thing about some evil presence bearing down, that's all nonsense.
[01:09:38.000 --> 01:09:40.000]  And I'm not going to do any more of that.
[01:09:40.000 --> 01:09:43.000]  Walt, I'm going to go on to our next caller.
[01:09:43.000 --> 01:09:47.000]  This is going no place.
[01:09:47.000 --> 01:09:51.000]  Pardon me?
[01:09:51.000 --> 01:09:54.000]  Okay.
[01:09:54.000 --> 01:09:56.000]  Sorry, guys.
[01:09:56.000 --> 01:10:00.000]  Okay, my listeners need to understand what happened there.
[01:10:00.000 --> 01:10:04.000]  Walt had been banned from the show.
[01:10:04.000 --> 01:10:09.000]  And what he did is got somebody else to call in and ask a question he didn't really care about
[01:10:09.000 --> 01:10:14.000]  because this guy's asking a question about somebody in Oregon about New York law.
[01:10:14.000 --> 01:10:18.000]  He used this guy to get back on the show.
[01:10:18.000 --> 01:10:27.000]  So if I seemed a bit more intolerant than I normally am, that was why.
[01:10:27.000 --> 01:10:31.000]  He's been just boiling over with anger.
[01:10:31.000 --> 01:10:35.000]  And it makes no difference what you say or try.
[01:10:35.000 --> 01:10:39.000]  There's no way to reason with that.
[01:10:39.000 --> 01:10:44.000]  So sorry about that everybody had to listen to that nonsense.
[01:10:44.000 --> 01:10:49.000]  We try to avoid that on the show and maybe he won't try that again.
[01:10:49.000 --> 01:10:51.000]  At least that's my hope.
[01:10:51.000 --> 01:10:52.000]  Okay.
[01:10:52.000 --> 01:10:55.000]  Now we're going to go to a real caller.
[01:10:55.000 --> 01:10:57.000]  Let's go to Mr. Roddy in Texas.
[01:10:57.000 --> 01:10:59.000]  Hello, Roddy.
[01:10:59.000 --> 01:11:01.000]  Hey, Randy, how you doing?
[01:11:01.000 --> 01:11:03.000]  Well, I've done better.
[01:11:03.000 --> 01:11:09.000]  I think I lost one of my listeners.
[01:11:09.000 --> 01:11:16.000]  Well, it was a very interesting call with Walt.
[01:11:16.000 --> 01:11:22.000]  And just one observation that I'd like to make.
[01:11:22.000 --> 01:11:26.000]  Christianity is not comprised solely of white people.
[01:11:26.000 --> 01:11:38.000]  And I heard him make a statement that seemed like the government is out to get all white Christians.
[01:11:38.000 --> 01:11:41.000]  Yeah, and hold on just a second.
[01:11:41.000 --> 01:11:46.000]  I am glad you mentioned that because I do want everyone to understand.
[01:11:46.000 --> 01:11:53.000]  If I sounded like I was disparaging Christians, I assure you it was not intended that way.
[01:11:53.000 --> 01:11:54.000]  Right. I understand.
[01:11:54.000 --> 01:11:55.000]  Yeah. Yeah.
[01:11:55.000 --> 01:12:01.000]  I'm personally not a Christian, but I do a show on Pastor Message Network every Monday.
[01:12:01.000 --> 01:12:09.000]  God, if there is a God, has just not chosen to touch my heart.
[01:12:09.000 --> 01:12:14.000]  It's not because I'm reluctant.
[01:12:14.000 --> 01:12:18.000]  It's just he hasn't pointed me down that path, and I'm open.
[01:12:18.000 --> 01:12:20.000]  I'm open to most everything.
[01:12:20.000 --> 01:12:38.000]  And I consider the Christian belief system as an absolutely excellent prescription for human beings to be able to live in harmony with other human beings.
[01:12:38.000 --> 01:12:42.000]  So I have absolutely no animosity toward Christianity.
[01:12:42.000 --> 01:12:48.000]  And Walt wasn't doing Christianity any favors with that nonsense he was pushing.
[01:12:48.000 --> 01:12:55.000]  I had a preacher ask me once in a bit of frustration with me.
[01:12:55.000 --> 01:13:02.000]  He said, Mr. Kelton, just what is your definition of a Christian?
[01:13:02.000 --> 01:13:06.000]  I said, for a read.
[01:13:06.000 --> 01:13:17.000]  That's the guy who sells used to sell vegetables in the center of the big, big open center section in the road here in Boyd, Texas.
[01:13:17.000 --> 01:13:19.000]  And the preacher was taken aback.
[01:13:19.000 --> 01:13:20.000]  He said, for a read?
[01:13:20.000 --> 01:13:23.000]  Yeah, you know, for a read.
[01:13:23.000 --> 01:13:26.000]  Now, don't go to for a read and ask him what a Christian is.
[01:13:26.000 --> 01:13:29.000]  He's not going to tell you.
[01:13:29.000 --> 01:13:31.000]  Watch for a read.
[01:13:31.000 --> 01:13:36.000]  He will show you what a Christian is.
[01:13:36.000 --> 01:13:42.000]  And he was a man that if he said he would do a thing, he would do a thing.
[01:13:42.000 --> 01:13:48.000]  If he traded with you, he'd skin you if he could, but he'd never lie to you.
[01:13:48.000 --> 01:13:53.000]  But if you said you needed something for a read had, he would say, take it.
[01:13:53.000 --> 01:13:56.000]  Bring it back when you can.
[01:13:56.000 --> 01:14:06.000]  And he was very uncomfortable with how he felt a lot of these preachers were leading the Christian people.
[01:14:06.000 --> 01:14:15.000]  And I didn't want to get off on religion, but I'm very much not anti-religion, not any of them.
[01:14:15.000 --> 01:14:19.000]  No, no, I understand what you're saying.
[01:14:19.000 --> 01:14:28.000]  And it reminds me of a famous quote by Gandhi where Gandhi said he loved Christianity, but he hated Christians.
[01:14:28.000 --> 01:14:39.000]  And most of that was based on the fact that most of these so-called Christians out here preaching Christianity, they don't practice what they preach.
[01:14:39.000 --> 01:14:41.000]  Exactly.
[01:14:41.000 --> 01:14:49.000]  Therefore, would not doest thine arms be not like the scribes and Pharisees who pray in the streets and synagogues to have glory of men?
[01:14:49.000 --> 01:14:55.000]  For verily I say unto you, I do know my Bible.
[01:14:55.000 --> 01:15:02.000]  And I understand the Christian belief system.
[01:15:02.000 --> 01:15:10.000]  Most, and Walt was certainly, what he was doing had nothing to do with Christianity.
[01:15:10.000 --> 01:15:26.000]  It had to do with his own feelings of anger, frustration, and disenfranchisement, and he needed a vehicle that he could use to express his vitripute.
[01:15:26.000 --> 01:15:28.000]  I got that.
[01:15:28.000 --> 01:15:32.000]  The problem with it is there's so many guys out there doing that.
[01:15:32.000 --> 01:15:49.000]  There's so many people in the patriot movement that I have no doubt that we have certain government agencies who support a lot of this nonsense because they keep us fractured.
[01:15:49.000 --> 01:15:51.000]  And I'm frustrated by it.
[01:15:51.000 --> 01:15:55.000]  It is better than it used to be, but we still get some of that stuff.
[01:15:55.000 --> 01:15:58.000]  I'm sorry, I keep interrupting you.
[01:15:58.000 --> 01:16:00.000]  Go ahead, Rodney.
[01:16:00.000 --> 01:16:13.000]  Yeah, yeah, I'm going to pray for Walter, or Walt, and we'll just leave it at that.
[01:16:13.000 --> 01:16:37.000]  Well, I called, you know, I've got this ongoing saga with this administrative hearing that started and recently got a rendering from the hearing officer, and crazy as it might seem, no evidence was presented against me at this hearing.
[01:16:37.000 --> 01:16:43.000]  Well, can I wait until after the interlude?
[01:16:43.000 --> 01:16:44.000]  Yeah, hang on.
[01:16:44.000 --> 01:16:45.000]  We'll be right back.
[01:16:45.000 --> 01:16:46.000]  We're about to go to break.
[01:16:46.000 --> 01:16:52.000]  This is Randy Kelton, Root of Law Radio, our call in number 512-646-1984.
[01:16:52.000 --> 01:16:53.000]  We do have an open slot.
[01:16:53.000 --> 01:16:56.000]  If you have a question or a comment, give us a call.
[01:16:56.000 --> 01:17:01.000]  We'll be right back.
[01:17:01.000 --> 01:17:09.000]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination by delivering excellent customer service and outstanding value at an affordable price.
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[01:19:00.000 --> 01:19:11.000]  This is the Logos Radio Network.
[01:19:11.000 --> 01:19:23.000]  Okay, we are back.
[01:19:23.000 --> 01:19:26.000]  Randy Kelton, Rule of Law Radio.
[01:19:26.000 --> 01:19:33.000]  And when Deborah finds out I called somebody a bigot on the air, oh, am I going to be in trouble?
[01:19:33.000 --> 01:19:40.000]  So I made these two guys to send some money to my beer fund just to keep her off my case.
[01:19:40.000 --> 01:19:43.000]  Okay, go ahead, Rodney.
[01:19:43.000 --> 01:19:47.000]  Yeah, I got the ruling against me.
[01:19:47.000 --> 01:20:00.000]  And basically what it said is based on the preponderance of the facts, evidence that they decided against me.
[01:20:00.000 --> 01:20:07.000]  The problem with it is at the hearing, Randy, no one presented any evidence.
[01:20:07.000 --> 01:20:22.000]  And I was not allowed to present any evidence because when I requested evidence during discovery or what they call disclosure, it was withheld.
[01:20:22.000 --> 01:20:36.000]  And when we showed it at the hearing, the first thing the hearing officer told me was I'm not going to sanction the other parties because they made an attempt.
[01:20:36.000 --> 01:20:41.000]  Okay, let's step back a second.
[01:20:41.000 --> 01:20:45.000]  This is an administrative hearing.
[01:20:45.000 --> 01:20:57.000]  And the administrative hearing will have the effect of, well, the administrative hearing will affect your rights.
[01:20:57.000 --> 01:20:59.000]  Yes.
[01:20:59.000 --> 01:21:09.000]  There must be a judicial remedy when an administrative hearing doesn't go properly.
[01:21:09.000 --> 01:21:14.000]  There has to be some sort of an appeal from the administrative hearing.
[01:21:14.000 --> 01:21:35.000]  And there was, and when I noticed that things weren't going according to Texas Administrative Code, which the hearing officer was supposed to be following, that's when I consulted with you and you said try writ of mandamus.
[01:21:35.000 --> 01:21:47.000]  So I researched that and put together a really nice, well thought out writ of mandamus, went into district court, and it was promptly denied.
[01:21:47.000 --> 01:22:05.000]  And in fact, the ignorant judge that made this decision to deny it said I'm ruling against you because your administrative hearing has not ran its course.
[01:22:05.000 --> 01:22:07.000]  It hasn't been exhausted.
[01:22:07.000 --> 01:22:19.000]  The purpose of the writ of mandamus was to make the hearing officer comply with the Texas Administrative Code, which this person wasn't.
[01:22:19.000 --> 01:22:28.000]  And basically the judge has completely ignored the mandamus and my problem.
[01:22:28.000 --> 01:22:29.000]  Well, wait a minute, wait a minute.
[01:22:29.000 --> 01:22:33.000]  Apparently he didn't ignore the mandamus.
[01:22:33.000 --> 01:22:49.000]  He denied the mandamus, I guess, claiming that you would only have a right after you have been finally adjudicated.
[01:22:49.000 --> 01:22:54.000]  Did he show some law in support of that?
[01:22:54.000 --> 01:22:56.000]  No, he did not.
[01:22:56.000 --> 01:22:57.000]  Okay.
[01:22:57.000 --> 01:23:00.000]  This is something I've been working on.
[01:23:00.000 --> 01:23:06.000]  He feels like any ruling he makes, you can appeal it.
[01:23:06.000 --> 01:23:18.000]  Well, I was standing in front of Bob Perkins, chief, at the time he was head criminal district judge for Travis County.
[01:23:18.000 --> 01:23:20.000]  And I had dumped some criminal complaints on him.
[01:23:20.000 --> 01:23:25.000]  I bushwhacked him in court with him against the district attorney.
[01:23:25.000 --> 01:23:31.000]  Because he wouldn't act on complaints against all the highest judges in Texas.
[01:23:31.000 --> 01:23:35.000]  And I lost my place when I went to him.
[01:23:35.000 --> 01:23:41.000]  Oh, oh, oh, oh.
[01:23:41.000 --> 01:23:42.000]  No, why did I go to him?
[01:23:42.000 --> 01:23:44.000]  Okay.
[01:23:44.000 --> 01:23:46.000]  Oh, oh, this is why I went to him.
[01:23:46.000 --> 01:23:55.000]  He said that I could, whatever it was, something I could appeal.
[01:23:55.000 --> 01:23:59.000]  Oh, he told me I should file my complaints with the sheriff's department.
[01:23:59.000 --> 01:24:03.000]  I said I tried that, Judge, and he threw them in the trash.
[01:24:03.000 --> 01:24:10.000]  He said, well, you should appeal to the court for a read of mandamus.
[01:24:10.000 --> 01:24:15.000]  Oh, Judge, don't ask me to appeal.
[01:24:15.000 --> 01:24:21.000]  You go before a tribunal, a court or a tribunal, and you render a bogus decision.
[01:24:21.000 --> 01:24:23.000]  Everybody says, oh, that's okay.
[01:24:23.000 --> 01:24:28.000]  You can appeal it to a whole panel of judges, and they'll screw you royal.
[01:24:28.000 --> 01:24:32.000]  And the judge kind of laughed and he said, well, I don't think it's quite that bad, Mr. Kelton.
[01:24:32.000 --> 01:24:34.000]  That's because you're not pro se.
[01:24:34.000 --> 01:24:36.000]  I got a better idea.
[01:24:36.000 --> 01:24:41.000]  I'll appeal it to the grand jury.
[01:24:41.000 --> 01:24:45.000]  And the judge said, well, Mr. Kelton, you can't appeal to the grand jury.
[01:24:45.000 --> 01:24:46.000]  Sure I can.
[01:24:46.000 --> 01:24:51.000]  I can appeal to the grand jury to arrest the sheriff for felony violation
[01:24:51.000 --> 01:24:55.000]  3805 penal code shielded from prosecution.
[01:24:55.000 --> 01:25:00.000]  And the judge sat back in his chair and looked at me like he was thinking,
[01:25:00.000 --> 01:25:05.000]  I wonder if I could get away with having my bailiff shoot this guy.
[01:25:05.000 --> 01:25:08.000]  But he didn't have a comeback for that.
[01:25:08.000 --> 01:25:11.000]  And that stuck with me.
[01:25:11.000 --> 01:25:16.000]  They're telling you to appeal this judge's bogus decision to a court of appeals.
[01:25:16.000 --> 01:25:19.000]  Well, yeah, you can do that.
[01:25:19.000 --> 01:25:22.000]  But if a judge failed to perform a duty he has required performing
[01:25:22.000 --> 01:25:30.000]  and the process denied you the full and free access to a dormant right, what is that?
[01:25:30.000 --> 01:25:38.000]  I read that as violation of 3903 penal code, act of class A misdemeanor in the state of Texas.
[01:25:38.000 --> 01:25:43.000]  I suggest we start appealing these judges' bogus decisions to a grand jury
[01:25:43.000 --> 01:25:48.000]  and see what a grand jury of our peers think about a judge capriciously
[01:25:48.000 --> 01:25:53.000]  and arbitrarily denying you a right.
[01:25:53.000 --> 01:25:55.000]  That's a crime as I read the code.
[01:25:55.000 --> 01:26:01.000]  I agree with you and I went through the steps of trying to contact a sheriff
[01:26:01.000 --> 01:26:05.000]  to file charges against this judge.
[01:26:05.000 --> 01:26:11.000]  And I think I told you the response that I got from those people were like,
[01:26:11.000 --> 01:26:18.000]  are you crazy that you want to file charges against a judge?
[01:26:18.000 --> 01:26:21.000]  I think this is what I tell them.
[01:26:21.000 --> 01:26:25.000]  Well, Bubba, life is filled with little decisions.
[01:26:25.000 --> 01:26:28.000]  We all get to make some.
[01:26:28.000 --> 01:26:34.000]  You can either perform your duty as prescribed by Article 2.13 Code of Criminal Procedure
[01:26:34.000 --> 01:26:37.000]  or I get to file against you.
[01:26:37.000 --> 01:26:41.000]  You're a whole lot easier to get to than the judge.
[01:26:41.000 --> 01:26:44.000]  So knock yourself out.
[01:26:44.000 --> 01:26:49.000]  Did you file against the sheriff's department?
[01:26:49.000 --> 01:26:53.000]  I haven't escalated it up to that point.
[01:26:53.000 --> 01:26:55.000]  This is the fun part.
[01:26:55.000 --> 01:26:58.000]  I guarantee you it.
[01:26:58.000 --> 01:27:02.000]  This is when you see the worm turn.
[01:27:02.000 --> 01:27:08.000]  And the way I generally do it to the sheriff's department is I don't go complaining.
[01:27:08.000 --> 01:27:12.000]  You see, they want you to fill out a voluntary statement.
[01:27:12.000 --> 01:27:15.000]  That's complaining.
[01:27:15.000 --> 01:27:23.000]  And then they can look at your complaining and decide if they think a crime has been committed
[01:27:23.000 --> 01:27:26.000]  and then go file a complaint with the magistrate.
[01:27:26.000 --> 01:27:28.000]  No, no, no, I don't do it that way.
[01:27:28.000 --> 01:27:38.000]  I'll fill out their voluntary statement, but I slip behind it a verified criminal affidavit.
[01:27:38.000 --> 01:27:47.000]  I'm in Stephenville, Texas and I hand one to this local city of Stephenville police officer
[01:27:47.000 --> 01:27:51.000]  and he takes it and he realizes something's behind it and he pulls it out.
[01:27:51.000 --> 01:27:53.000]  He said, what's this?
[01:27:53.000 --> 01:27:57.000]  I said, that is a verified criminal affidavit.
[01:27:57.000 --> 01:27:59.000]  Well, I'm not taking this.
[01:27:59.000 --> 01:28:01.000]  Sorry, Bubba, you already got it.
[01:28:01.000 --> 01:28:03.000]  Well, I'm going to throw it in the garbage.
[01:28:03.000 --> 01:28:05.000]  I don't care what you do with it.
[01:28:05.000 --> 01:28:11.000]  I'm standing there grinning at him and he's looking at me like he wants to shoot me.
[01:28:11.000 --> 01:28:15.000]  Once it's in his hand, it's in his hand.
[01:28:15.000 --> 01:28:19.000]  So do whatever you want to.
[01:28:19.000 --> 01:28:23.000]  I go to the next and it's a criminal complaint against the county attorney.
[01:28:23.000 --> 01:28:25.000]  So he refused to take it.
[01:28:25.000 --> 01:28:26.000]  Okay, that'll work.
[01:28:26.000 --> 01:28:29.000]  And he threw it down on the desk and I started leaving.
[01:28:29.000 --> 01:28:31.000]  You need to take this with you.
[01:28:31.000 --> 01:28:33.000]  I don't need to do any such thing.
[01:28:33.000 --> 01:28:35.000]  That's yours.
[01:28:35.000 --> 01:28:42.000]  And I go to the district attorney and ask the district attorney to arrest this police officer
[01:28:42.000 --> 01:28:47.000]  because the police officer refused to perform his duty
[01:28:47.000 --> 01:28:51.000]  when I made a complaint against the county attorney.
[01:28:51.000 --> 01:28:56.000]  And the district attorney looked at that and said, Mr. Kelton,
[01:28:56.000 --> 01:28:59.000]  seems like you've done this before.
[01:28:59.000 --> 01:29:02.000]  Oh, yeah, not my first rodeo.
[01:29:02.000 --> 01:29:07.000]  He took me to the district judge and the district judge took my complaint.
[01:29:07.000 --> 01:29:13.000]  I don't know what happened to it after that because time went by and I got into other things.
[01:29:13.000 --> 01:29:19.000]  But you got to know that created a lot of politics around the county.
[01:29:19.000 --> 01:29:25.000]  And Rodney, if you do that, they will absolutely recognize this routine.
[01:29:25.000 --> 01:29:33.000]  It is the exact routine that got all the highest judges in Texas put in front of a grand jury.
[01:29:33.000 --> 01:29:36.000]  This will get their attention.
[01:29:36.000 --> 01:29:40.000]  Hang on.
[01:29:40.000 --> 01:29:41.000]  Hang on.
[01:29:41.000 --> 01:29:43.000]  We're about to go to break.
[01:29:43.000 --> 01:29:45.000]  Pick us up on the other side.
[01:29:45.000 --> 01:29:46.000]  Randy Kelton, Real Law Radio.
[01:29:46.000 --> 01:29:50.000]  I call it number 512-646-1984.
[01:29:50.000 --> 01:30:02.000]  We'll be right back.
[01:30:02.000 --> 01:30:05.000]  Heart disease is the leading cause of death in the U.S.
[01:30:05.000 --> 01:30:09.000]  Every minute someone dies from a coronary event like a heart attack.
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[01:31:17.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:35.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.000 --> 01:31:37.000]  The government says that fire brought it down.
[01:31:37.000 --> 01:31:42.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.000 --> 01:31:45.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.000 --> 01:31:48.000]  Thousands of my fellow force responders are dying.
[01:31:48.000 --> 01:31:49.000]  I'm not a conspiracy theorist.
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[01:33:21.000 --> 01:33:22.000]  Okay, we are back.
[01:33:22.000 --> 01:33:24.000]  Brandy Kelton from the Lowell Radio.
[01:33:24.000 --> 01:33:27.000]  And I kind of keep interrupting you, Rodney.
[01:33:27.000 --> 01:33:33.000]  I think I should shut up and let you finish what you have to say.
[01:33:33.000 --> 01:33:37.000]  Well, the question I'm going to say,
[01:33:37.000 --> 01:33:49.000]  is it uncommon for a party bringing a lawsuit to challenge jurisdiction?
[01:33:49.000 --> 01:33:53.000]  Yes, it is uncommon.
[01:33:53.000 --> 01:33:55.000]  Explain, please.
[01:33:55.000 --> 01:34:03.000]  Well, lawyers don't like to get in the face of judges.
[01:34:03.000 --> 01:34:10.000]  And one of the first things that I want to do is file a challenge subject matter jurisdiction.
[01:34:10.000 --> 01:34:18.000]  Now, if you're bringing a lawsuit yourself, then it's hard to challenge subject matter jurisdiction.
[01:34:18.000 --> 01:34:26.000]  There are ways to do that, but you can only do it in a limited capacity.
[01:34:26.000 --> 01:34:30.000]  If you have been sued, if you're the defendant,
[01:34:30.000 --> 01:34:37.000]  then that's generally where a challenge subject matter jurisdiction is brought.
[01:34:37.000 --> 01:34:41.000]  You can bring a challenge subject matter jurisdiction if you're the plaintiff
[01:34:41.000 --> 01:34:58.000]  and there is, say, a third party intervener or the opposing party brings in an issue that is improperly brought.
[01:34:58.000 --> 01:35:07.000]  You can claim that the court lacks subject matter jurisdiction as to their claim
[01:35:07.000 --> 01:35:14.000]  because their claim is insufficient to invoke the legal competence of the court.
[01:35:14.000 --> 01:35:19.000]  But generally, if you're the plaintiff, subject matter jurisdiction generally doesn't apply
[01:35:19.000 --> 01:35:25.000]  because it's your job to ensure that you're in the right court.
[01:35:25.000 --> 01:35:37.000]  Well, the reason why I asked that is because this ruling by this duty judge, visiting judge,
[01:35:37.000 --> 01:35:45.000]  later found that this judge works part-time for the attorney's general's office.
[01:35:45.000 --> 01:35:51.000]  Oh, righty then. You are dead on. Yes.
[01:35:51.000 --> 01:36:02.000]  And the way I found out is when I googled this judge, his name and his background,
[01:36:02.000 --> 01:36:06.000]  it was showing that he was retired and everything.
[01:36:06.000 --> 01:36:12.000]  And he was quoted in this newspaper article as saying that in his retirement,
[01:36:12.000 --> 01:36:21.000]  he was now working part-time with the attorney general's office.
[01:36:21.000 --> 01:36:27.000]  He had an absolute duty to recuse himself. Right.
[01:36:27.000 --> 01:36:33.000]  So a subject matter jurisdiction is appropriate. Right. Right.
[01:36:33.000 --> 01:36:42.000]  So when I filed my motion for reconsideration, initially it was denied,
[01:36:42.000 --> 01:36:49.000]  but then I read somewhere where jurisdiction can be challenged at any time. Is that correct?
[01:36:49.000 --> 01:36:54.000]  No matter how remote in history.
[01:36:54.000 --> 01:37:07.000]  And in fact, what really surprised me is it says jurisdiction can be challenged even on an administrative level.
[01:37:07.000 --> 01:37:22.000]  Anyone who acts in a purported official capacity must have the authority to do what they purport to do.
[01:37:22.000 --> 01:37:24.000]  Or even challenge it.
[01:37:24.000 --> 01:37:35.000]  But now the administrative judge hearing, administrative judge or whatever the administrator was who heard the case,
[01:37:35.000 --> 01:37:39.000]  subject matter jurisdiction is very focused.
[01:37:39.000 --> 01:37:46.000]  Just because he didn't do things right doesn't mean he didn't have subject matter jurisdiction.
[01:37:46.000 --> 01:37:56.000]  He had subject matter jurisdiction and you can argue that if he did something that violated a law,
[01:37:56.000 --> 01:38:02.000]  that that act was outside the scope of his authority.
[01:38:02.000 --> 01:38:08.000]  He would not have subject matter jurisdiction over that.
[01:38:08.000 --> 01:38:16.000]  And that's supported by the fact that you can sue a public official when he acts outside of scope.
[01:38:16.000 --> 01:38:21.000]  The primary case on that issue is a policeman in El Paso,
[01:38:21.000 --> 01:38:27.000]  picked up this 19-year-old girl from one jail to take her to another jail
[01:38:27.000 --> 01:38:32.000]  and decided to have a little entertainment in between and stopped and raped her.
[01:38:32.000 --> 01:38:39.000]  She sued. He claimed he had qualified immunity because he was acting within the scope,
[01:38:39.000 --> 01:38:47.000]  acting in his official capacity and the judge said no, rape is not within scope.
[01:38:47.000 --> 01:38:54.000]  So the administrative officer had to be within scope.
[01:38:54.000 --> 01:39:02.000]  And if he's sworn on his oath to uphold the law of the state of Texas and protect the Constitution
[01:39:02.000 --> 01:39:10.000]  and he violated one of those laws, he's under contract and that oath is his contract.
[01:39:10.000 --> 01:39:16.000]  If he breached the contract, he's acting ultra virally, he's acting outside of scope.
[01:39:16.000 --> 01:39:18.000]  Does that make sense?
[01:39:18.000 --> 01:39:24.000]  Yes. I have one more thing I wanted to ask you about.
[01:39:24.000 --> 01:39:30.000]  I objected to this judge, district judge, speculating.
[01:39:30.000 --> 01:39:33.000]  That was actually my objection.
[01:39:33.000 --> 01:39:43.000]  Judge was speculating on another judge's decision and just all over the place.
[01:39:43.000 --> 01:39:49.000]  Hold on, hold on, wait a minute, are we talking about Res Judah Cotter here?
[01:39:49.000 --> 01:39:51.000]  No.
[01:39:51.000 --> 01:39:56.000]  No, it's speculating on another judge's decision.
[01:39:56.000 --> 01:40:04.000]  Did this judge change another judge's decision in the case?
[01:40:04.000 --> 01:40:11.000]  No, the judge basically said I'm not, I don't know what the other judge did
[01:40:11.000 --> 01:40:15.000]  but then she went on to speculate on what he might have,
[01:40:15.000 --> 01:40:21.000]  how he might have arrived at his decision to deny my mandamus.
[01:40:21.000 --> 01:40:24.000]  And I said, objection judge, you're speculating.
[01:40:24.000 --> 01:40:31.000]  And at that point the judge says, well, you can't really, you can't object to me.
[01:40:31.000 --> 01:40:37.000]  You can't make any, you can't really make any objections to me.
[01:40:37.000 --> 01:40:45.000]  And she later walked that back and says, you're right, I was speculating.
[01:40:45.000 --> 01:40:47.000]  I don't understand.
[01:40:47.000 --> 01:40:55.000]  I mean, I don't know if she was, got carried away or what, but she asked.
[01:40:55.000 --> 01:41:02.000]  The fact that she's speculating is not necessarily an issue
[01:41:02.000 --> 01:41:10.000]  unless she rendered her ruling based on that speculation.
[01:41:10.000 --> 01:41:16.000]  Well, I'm looking at the context of everything she said
[01:41:16.000 --> 01:41:22.000]  and she was influenced by, whether she wanted to admit it or not,
[01:41:22.000 --> 01:41:28.000]  she was influenced by the other judge's ruling.
[01:41:28.000 --> 01:41:35.000]  And she spent 10 minutes, I mean, speculating on what she thought.
[01:41:35.000 --> 01:41:36.000]  Okay.
[01:41:36.000 --> 01:41:41.000]  Let me take a step back here so I get a referential index.
[01:41:41.000 --> 01:41:48.000]  What was your issue before this judge?
[01:41:48.000 --> 01:41:51.000]  The reconsideration of the mandamus.
[01:41:51.000 --> 01:41:57.000]  Because, oh, okay.
[01:41:57.000 --> 01:42:02.000]  This wasn't the judge who denied the mandamus?
[01:42:02.000 --> 01:42:03.000]  No.
[01:42:03.000 --> 01:42:04.000]  Okay.
[01:42:04.000 --> 01:42:09.000]  So a judge denied the mandamus and mandamuses are almost always denied.
[01:42:09.000 --> 01:42:13.000]  And then he brought in another judge to hear the reconsideration.
[01:42:13.000 --> 01:42:16.000]  That was improper.
[01:42:16.000 --> 01:42:18.000]  Are you kidding me?
[01:42:18.000 --> 01:42:20.000]  You're saying that that was improper?
[01:42:20.000 --> 01:42:21.000]  Yeah.
[01:42:21.000 --> 01:42:25.000]  This judge can't rule on the motion for reconsideration
[01:42:25.000 --> 01:42:30.000]  because the judge didn't make the determinations.
[01:42:30.000 --> 01:42:34.000]  The judge who made the determination needs to rule on it.
[01:42:34.000 --> 01:42:40.000]  But they're saying that because that judge was just a visiting judge
[01:42:40.000 --> 01:42:49.000]  that that was the reason why this elected judge did the reconsideration.
[01:42:49.000 --> 01:42:52.000]  But you're saying that that's improper.
[01:42:52.000 --> 01:42:55.000]  Yeah, they should have got the judge who did the hearing to it
[01:42:55.000 --> 01:42:59.000]  because he's the one that knows why he ruled the way he did.
[01:42:59.000 --> 01:43:06.000]  So now you've got another judge trying to guesstimate why the judge ruled.
[01:43:06.000 --> 01:43:09.000]  Now you need to give me some statutes.
[01:43:09.000 --> 01:43:10.000]  Help me out.
[01:43:10.000 --> 01:43:14.000]  Where is it saying the statute that that's improper?
[01:43:14.000 --> 01:43:16.000]  It doesn't say it in the statute.
[01:43:16.000 --> 01:43:22.000]  It's almost certainly going to say it in the case law.
[01:43:22.000 --> 01:43:23.000]  Help me out.
[01:43:23.000 --> 01:43:26.000]  I need some case law.
[01:43:26.000 --> 01:43:29.000]  Send me an email so I can do this off the air.
[01:43:29.000 --> 01:43:32.000]  I'll have to go do some digging on that.
[01:43:32.000 --> 01:43:36.000]  But are you 100% sure that this is improper?
[01:43:36.000 --> 01:43:39.000]  No, no, I'm not 100% sure.
[01:43:39.000 --> 01:43:44.000]  But almost always, if it seems absolutely logical and reasonable
[01:43:44.000 --> 01:43:47.000]  that this is a problem, it is, and you'll find it.
[01:43:47.000 --> 01:43:48.000]  Hang on.
[01:43:48.000 --> 01:43:49.000]  About to go to break.
[01:43:49.000 --> 01:43:51.000]  Randy Kelton will remove our radio.
[01:43:51.000 --> 01:44:00.000]  We'll be right back.
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[01:46:20.000 --> 01:46:28.000]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Rodney in Texas.
[01:46:28.000 --> 01:46:30.000]  Let me get you up, Rodney.
[01:46:30.000 --> 01:46:35.000]  Okay. While we were on the break, I found this article.
[01:46:35.000 --> 01:46:40.000]  The court rules provide that, to the extent possible, applications for reconsideration
[01:46:40.000 --> 01:46:46.000]  of interlocutory orders should be made to the trial judge who entered the order.
[01:46:46.000 --> 01:46:50.000]  Nonetheless, motions for reconsideration are often heard by a judge
[01:46:50.000 --> 01:46:54.000]  different than the deciding judge.
[01:46:54.000 --> 01:47:01.000]  In such cases, the judge's discretion to modify the order is more circumscribed.
[01:47:01.000 --> 01:47:08.000]  Judges should not vacate orders of judges of coordinate jurisdiction
[01:47:08.000 --> 01:47:11.000]  unless there are exceptional circumstances.
[01:47:11.000 --> 01:47:19.000]  The principle seems to be a particular application of the doctrine of law of the case.
[01:47:19.000 --> 01:47:26.000]  I am absolutely 100% wrong.
[01:47:26.000 --> 01:47:30.000]  This sucks.
[01:47:30.000 --> 01:47:32.000]  That would be the official terminology.
[01:47:32.000 --> 01:47:35.000]  So I was wrong.
[01:47:35.000 --> 01:47:38.000]  A visiting judge can hear it.
[01:47:38.000 --> 01:47:48.000]  And the fact that it is a visiting judge makes it even harder to get the case turned over.
[01:47:48.000 --> 01:47:56.000]  Well, I appreciate getting that answer, but my other question is,
[01:47:56.000 --> 01:48:08.000]  the hearing officer, not the hearing officer, but the actual judge, when she mentioned
[01:48:08.000 --> 01:48:12.000]  that she wasn't sure how the other judge arrived at his decision
[01:48:12.000 --> 01:48:21.000]  because supposedly there wasn't any court reporter there to transcribe with her place,
[01:48:21.000 --> 01:48:28.000]  she went in a different direction and she says, well, I'm going to deny your motion
[01:48:28.000 --> 01:48:36.000]  for reconsideration because the parties that you have served haven't all been served yet
[01:48:36.000 --> 01:48:40.000]  and they have a right to due process.
[01:48:40.000 --> 01:48:48.000]  And so therefore until they've been served, and there's like seven other parties.
[01:48:48.000 --> 01:48:53.000]  Oh, that's not a denial.
[01:48:53.000 --> 01:48:57.000]  You get to refile that.
[01:48:57.000 --> 01:49:01.000]  Have you served all the parties?
[01:49:01.000 --> 01:49:08.000]  Well, the constables have been trying to track these people down.
[01:49:08.000 --> 01:49:11.000]  Did they get them tracked down?
[01:49:11.000 --> 01:49:12.000]  No.
[01:49:12.000 --> 01:49:14.000]  No, they're having a lot of issues.
[01:49:14.000 --> 01:49:19.000]  They're like, well, we showed up at this person's place of work
[01:49:19.000 --> 01:49:24.000]  and some other parties signed for this.
[01:49:24.000 --> 01:49:31.000]  But then they said that they were told that that doesn't count.
[01:49:31.000 --> 01:49:32.000]  Okay.
[01:49:32.000 --> 01:49:33.000]  Okay.
[01:49:33.000 --> 01:49:34.000]  Okay.
[01:49:34.000 --> 01:49:36.000]  Now we've got a solution for this.
[01:49:36.000 --> 01:49:39.000]  Go to the court, tell the court.
[01:49:39.000 --> 01:49:49.000]  Oh, now the whole thing is moot because the officer has already ruled.
[01:49:49.000 --> 01:49:54.000]  So you need to go to the court and ask for service by publication
[01:49:54.000 --> 01:50:01.000]  because you have reason to believe these people are avoiding service.
[01:50:01.000 --> 01:50:10.000]  Generally, they'll grant you service by publication because it's technically right.
[01:50:10.000 --> 01:50:16.000]  And once you get that, then you refile the mandamus
[01:50:16.000 --> 01:50:23.000]  and you ask for an order from this court to strike the administrative court's ruling.
[01:50:23.000 --> 01:50:24.000]  Got you.
[01:50:24.000 --> 01:50:25.000]  Got you.
[01:50:25.000 --> 01:50:26.000]  Got you.
[01:50:26.000 --> 01:50:31.000]  And service by publication, can you just find that for a...
[01:50:31.000 --> 01:50:36.000]  You just have to put an article in a newspaper
[01:50:36.000 --> 01:50:42.000]  and there's a special place generally in the newspapers for this.
[01:50:42.000 --> 01:50:45.000]  This is real common.
[01:50:45.000 --> 01:50:46.000]  Okay.
[01:50:46.000 --> 01:50:52.000]  Yeah, because of these constables, they've been calling me saying, Mr. Rodney,
[01:50:52.000 --> 01:50:56.000]  you know, we went to these people's place of work and they're saying
[01:50:56.000 --> 01:51:01.000]  they no longer work there and all this stuff.
[01:51:01.000 --> 01:51:11.000]  I tell you what, have you considered hiring a private investigator?
[01:51:11.000 --> 01:51:17.000]  I'd like to consider that, but money is a big factor.
[01:51:17.000 --> 01:51:22.000]  Do you think you can find these people?
[01:51:22.000 --> 01:51:24.000]  Okay, here's the deal.
[01:51:24.000 --> 01:51:35.000]  In Texas, anyone can serve on anyone else except the plaintiff, except the party.
[01:51:35.000 --> 01:51:40.000]  You can't serve them, but anybody else can.
[01:51:40.000 --> 01:51:44.000]  I have Ken Magnuson serve for me.
[01:51:44.000 --> 01:51:47.000]  Ken is a courier.
[01:51:47.000 --> 01:51:54.000]  Got a letter here for so-and-so needs to be signed for.
[01:51:54.000 --> 01:51:58.000]  Randall County District Attorney signed for it and opened it up
[01:51:58.000 --> 01:52:02.000]  and his criminal complaints for the grand jury.
[01:52:02.000 --> 01:52:06.000]  And she was furious.
[01:52:06.000 --> 01:52:12.000]  And Ken said, hey, kill the messenger, man, I'm just a courier.
[01:52:12.000 --> 01:52:14.000]  Anybody can serve.
[01:52:14.000 --> 01:52:16.000]  You don't need to counsel us.
[01:52:16.000 --> 01:52:20.000]  This service by publication, how long does that have,
[01:52:20.000 --> 01:52:26.000]  what is the timeframe for that before something happens?
[01:52:26.000 --> 01:52:29.000]  It's generally 30 days.
[01:52:29.000 --> 01:52:33.000]  You have to post something for 30 days.
[01:52:33.000 --> 01:52:44.000]  And in the event that there's no activity there, a party doesn't see this,
[01:52:44.000 --> 01:52:49.000]  this ad in publication, what happens at that point?
[01:52:49.000 --> 01:52:53.000]  They're served.
[01:52:53.000 --> 01:52:58.000]  If you can't find them and you put a service by publication,
[01:52:58.000 --> 01:53:05.000]  as far as the court is concerned, under law, they've been served.
[01:53:05.000 --> 01:53:08.000]  If they don't show up, their problem, not your problem.
[01:53:08.000 --> 01:53:10.000]  This is for people who try to avoid service,
[01:53:10.000 --> 01:53:13.000]  and it sounds like exactly what they're doing.
[01:53:13.000 --> 01:53:15.000]  That's exactly what they're doing.
[01:53:15.000 --> 01:53:23.000]  And I was feeling really sorry for these constables because they're like, you know.
[01:53:23.000 --> 01:53:27.000]  Okay, here's the deal on avoidance of service.
[01:53:27.000 --> 01:53:31.000]  That's a felony in Texas.
[01:53:31.000 --> 01:53:32.000]  Whoa.
[01:53:32.000 --> 01:53:34.000]  Yeah.
[01:53:34.000 --> 01:53:36.000]  That's a big deal.
[01:53:36.000 --> 01:53:45.000]  If you can establish that the guy does work there, they're toast.
[01:53:45.000 --> 01:53:46.000]  Okay.
[01:53:46.000 --> 01:53:49.000]  What kind of work does this person do?
[01:53:49.000 --> 01:53:52.000]  Does he have an office type position or is it a service type position,
[01:53:52.000 --> 01:53:54.000]  like a mechanic or something?
[01:53:54.000 --> 01:53:59.000]  State employees, professors.
[01:53:59.000 --> 01:54:01.000]  Okay.
[01:54:01.000 --> 01:54:06.000]  You might do a internet search.
[01:54:06.000 --> 01:54:11.000]  Generally, state employees, they all have to have an email address,
[01:54:11.000 --> 01:54:15.000]  and generally they want them to use their first name, dot, last name,
[01:54:15.000 --> 01:54:20.000]  dot, you know, at whatever the government office is.
[01:54:20.000 --> 01:54:25.000]  So do a search for email.
[01:54:25.000 --> 01:54:31.000]  There are online search sites that will search for emails for you.
[01:54:31.000 --> 01:54:37.000]  And search for first name, dot, last name, and see if you get a hit on the email.
[01:54:37.000 --> 01:54:42.000]  And if the email you get is with that same place,
[01:54:42.000 --> 01:54:47.000]  then you have reason to believe they work there.
[01:54:47.000 --> 01:54:51.000]  Wait a minute.
[01:54:51.000 --> 01:54:55.000]  This guy, was this a long time public employee
[01:54:55.000 --> 01:54:59.000]  or was they just there a few months or something?
[01:54:59.000 --> 01:55:01.000]  Long time employee.
[01:55:01.000 --> 01:55:03.000]  No way.
[01:55:03.000 --> 01:55:08.000]  They may not work in that office,
[01:55:08.000 --> 01:55:13.000]  but they almost certainly still work for the government.
[01:55:13.000 --> 01:55:20.000]  At least this guy should not be hard to find.
[01:55:20.000 --> 01:55:25.000]  Do a motion for, what do you call it?
[01:55:25.000 --> 01:55:29.000]  For service by publication.
[01:55:29.000 --> 01:55:33.000]  So do I make a motion to the judge asking for service by publication?
[01:55:33.000 --> 01:55:35.000]  Yes.
[01:55:35.000 --> 01:55:42.000]  The judge refused to grant you mandamus because everybody hasn't been served.
[01:55:42.000 --> 01:55:46.000]  So you refile your mandamus
[01:55:46.000 --> 01:55:53.000]  and ask for the court to strike the ruling by the administrative judge.
[01:55:53.000 --> 01:55:58.000]  Since it's an administrative judge, the judge is not interfering with another judge,
[01:55:58.000 --> 01:56:01.000]  so he can do that.
[01:56:01.000 --> 01:56:06.000]  And ask for service by publication because you were denied your rights
[01:56:06.000 --> 01:56:10.000]  because you couldn't get these people served.
[01:56:10.000 --> 01:56:15.000]  And since they were government employees, it's reasonable that they're avoiding service.
[01:56:15.000 --> 01:56:18.000]  If it turns out this guy still works for the government,
[01:56:18.000 --> 01:56:23.000]  you charge him with avoidance of service.
[01:56:23.000 --> 01:56:28.000]  The constable said somebody signed for it?
[01:56:28.000 --> 01:56:36.000]  One particular individual who happened to be the hearing officer,
[01:56:36.000 --> 01:56:43.000]  I tracked down her place of employment through the bar, the Texas State Bar,
[01:56:43.000 --> 01:56:54.000]  and I just told them send certified return receipt the notice that she was being served.
[01:56:54.000 --> 01:56:58.000]  And they did, and they said it came back signed by,
[01:56:58.000 --> 01:57:03.000]  it looked like one of the secretaries at that time.
[01:57:03.000 --> 01:57:10.000]  Notice to agent is notice to principal.
[01:57:10.000 --> 01:57:13.000]  She's been noticed.
[01:57:13.000 --> 01:57:21.000]  Well, the constable said that they had been told that it was signed by another party
[01:57:21.000 --> 01:57:26.000]  and not the actual party that it need to be served by so that they...
[01:57:26.000 --> 01:57:30.000]  No, no, no, this is not a mechanic shop.
[01:57:30.000 --> 01:57:33.000]  It's a law firm.
[01:57:33.000 --> 01:57:39.000]  It's standard practice for the secretaries to sign for the lawyers.
[01:57:39.000 --> 01:57:44.000]  Charge that lawyer with avoidance of service.
[01:57:44.000 --> 01:57:45.000]  Right.
[01:57:45.000 --> 01:57:50.000]  And just so you know, Randy, the day before my hearing,
[01:57:50.000 --> 01:58:00.000]  I went to the court to try to get this mandamus, well, to try to get a ruling.
[01:58:00.000 --> 01:58:01.000]  Well, I got a ruling.
[01:58:01.000 --> 01:58:07.000]  The next day, I was contacted by the coordinator for the hearing,
[01:58:07.000 --> 01:58:13.000]  and they said your hearing has been relocated to a different location.
[01:58:13.000 --> 01:58:16.000]  And I thought that was rather odd.
[01:58:16.000 --> 01:58:22.000]  Well, I now believe that the reason why that was done is because the hearing officer
[01:58:22.000 --> 01:58:28.000]  had probably been told that I was going to probably serve her or somebody.
[01:58:28.000 --> 01:58:31.000]  Okay, hang on, hang on, about to go to break.
[01:58:31.000 --> 01:58:50.000]  Randy Kelton, Rule of Law Radio, we'll be right back.
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