ROL_2016-11-04_16k_Hr3-4.timecode
[00:00.000 --> 00:05.840] The following newsflash is brought to you by the Lone Star Lowdown, providing the deli
[00:05.840 --> 00:08.360] bulletins for the commodities market.
[00:08.360 --> 00:20.960] Today in history, news updates and the inside scoop into the tides of the alternative.
[00:20.960 --> 00:26.720] Markets for Friday, the 4th of November, 2016, are currently trading with gold at $1,304.10
[00:26.720 --> 00:29.600] an ounce, silver $18.41 an ounce.
[00:29.600 --> 00:41.440] Tests is crude, $44.66 a barrel, and Bitcoin is currently sitting at about $697 U.S. currency.
[00:41.440 --> 00:45.880] Today in history, the year 1952, the United States government establishes the National
[00:45.880 --> 00:50.960] Security Agency, or NSA, an intelligence organization of the United States government responsible
[00:50.960 --> 00:55.560] for global monitoring, collection, and processing of information and data for foreign intelligence
[00:55.560 --> 00:57.360] and counterintelligence purposes.
[00:57.360 --> 01:03.880] The NSA was established today in history.
[01:03.880 --> 01:08.360] In recent news, WikiLeaks just dumped part 30 of Hillary Clinton's campaign manager
[01:08.360 --> 01:12.960] John Podesta's hacked emails, bringing the total thus far to over 47,000.
[01:12.960 --> 01:17.000] Julian Assange, who still is essentially on house arrest at the Ecuadorian embassy in
[01:17.000 --> 01:21.280] London, gave an interview with Russia Today where he claims that the outcome of next Tuesday's
[01:21.280 --> 01:25.600] presidential election between Donald Trump and Hillary Clinton has already been decided,
[01:25.600 --> 01:31.680] saying, quote, because he has had every establishment off his side, Trump does not have one establishment,
[01:31.680 --> 01:35.600] maybe with the exception of the evangelicals, if you can call them an establishment.
[01:35.600 --> 01:40.040] Banks, intelligence, arms companies, foreign money, et cetera, are all united behind Hillary
[01:40.040 --> 01:44.040] Clinton and the media as well, media owners and the journalists themselves.
[01:44.040 --> 01:49.880] This is days after political activists discovered a hidden website for WRCB, an NBC affiliate
[01:49.880 --> 01:54.960] out of Chattanooga, Tennessee, showing election results with Hillary Clinton securing 343
[01:54.960 --> 01:58.040] electoral votes and 42 percent of the popular vote.
[01:58.040 --> 02:01.720] Hillary, her campaign and the media are accusing Russia for the hacking of tens of thousands
[02:01.720 --> 02:04.560] of emails that WikiLeaks has dumped out in the past weeks.
[02:04.560 --> 02:08.120] However, Julian Assange has vehemently denied any involvement from the Kremlin.
[02:08.120 --> 02:12.000] A majority of Hillary's hacked emails that have been released via WikiLeaks since March
[02:12.000 --> 02:21.680] of 2016 can be searched through at wikileaks.org forward slash Clinton dash emails.
[02:21.680 --> 02:26.160] CBS News reported earlier today that US intelligence agencies have alerted joint terrorism task
[02:26.160 --> 02:30.360] forces that al Qaeda could potentially be planning terrorist attacks in New York, Texas
[02:30.360 --> 02:34.660] and Virginia for Monday, the day before the election, though no specific cities and landmarks
[02:34.660 --> 02:35.660] are mentioned.
[02:35.660 --> 02:39.320] Counterterrorism spokespersons have stated that as the election day nears, federal law
[02:39.320 --> 02:43.560] enforcement is planning for several worst case scenarios, while earlier this week an
[02:43.560 --> 02:48.300] alert warned local police of polling places being seen as attractive targets for lone
[02:48.300 --> 02:53.520] wolf type of attacks by individuals motivated by violent extremist ideologies such as sovereign
[02:53.520 --> 02:54.520] citizens.
[02:54.520 --> 03:24.480] This was Ruth Brody with your Lowdown for November 4th, 2016.
[03:24.480 --> 03:25.480] OK.
[03:25.480 --> 03:26.480] We are back.
[03:26.480 --> 03:31.420] Randy Kelton here with Law Radio and we're talking to Ed in Pennsylvania and Ed, we do
[03:31.420 --> 03:33.580] need to move along.
[03:33.580 --> 03:40.360] What I would like is to get this hole filled up.
[03:40.360 --> 03:49.260] I talked to Winston Shroud, Sam Kennedy, the character in Tim Turner who told me he was
[03:49.260 --> 03:55.180] a lawyer and he wasn't, and I tried to get all of them to fill these holes up for me.
[03:55.180 --> 03:58.460] Nobody's ever been able to do it.
[03:58.460 --> 04:07.460] And with you, Ed, we're probably closest to the crux of the matter I've ever been.
[04:07.460 --> 04:19.120] If 1-207 Reservation of Rights reserves my right to a common law court, I need something
[04:19.120 --> 04:30.940] since when I signed that citation, I'm doing so within the structure of a statutory scheme.
[04:30.940 --> 04:39.940] I need something statutorily that takes me out of that statutory scheme.
[04:39.940 --> 04:41.140] See if you can find it.
[04:41.140 --> 04:43.180] Let's talk about this next week.
[04:43.180 --> 04:44.180] All right.
[04:44.180 --> 04:48.180] Could I ask one other question?
[04:48.180 --> 04:56.980] It's sort of related to this, but it was in the email that I sent you as well.
[04:56.980 --> 05:03.060] The issue about the Department of Motor Vehicles, I'm kind of planning ahead, I'm not sure where
[05:03.060 --> 05:07.900] the Department of Motor Vehicles will come out on this, but what I want to do is try
[05:07.900 --> 05:16.480] to get without prejudice UCC 1.207 underneath or above my signature on the signature part
[05:16.480 --> 05:24.460] of the driver's license, and if they deny me of doing this, you had suggested using...
[05:24.460 --> 05:25.460] Okay.
[05:25.460 --> 05:26.460] Hold on.
[05:26.460 --> 05:28.780] Here's the rule.
[05:28.780 --> 05:38.380] You can do anything you want to unless the law specifically prohibits you from doing
[05:38.380 --> 05:39.380] that.
[05:39.380 --> 05:45.260] Where is your law, Mr. Officer?
[05:45.260 --> 05:51.220] Or are you exerting or purporting to exert an authority you do not expressly have, and
[05:51.220 --> 05:58.260] in the process, deny me in the full and free access to or enjoyment of a right?
[05:58.260 --> 06:02.780] See, I like my code.
[06:02.780 --> 06:04.980] It works real good for me.
[06:04.980 --> 06:15.620] Now, if they did that and they were denying me full and free access to a right that I
[06:15.620 --> 06:20.260] was due, what level of an infraction would that be?
[06:20.260 --> 06:23.020] Would it be a felony, a misdemeanor?
[06:23.020 --> 06:29.780] Class A misdemeanor, just under a felony, 18 U.S. Code 242 in the FAD.
[06:29.780 --> 06:37.380] I don't remember the statute in the general statutes of Pennsylvania, but it's in there.
[06:37.380 --> 06:43.940] I came to Pennsylvania a few years ago and did some work with the Amish, and the code
[06:43.940 --> 06:53.020] is definitely in there, and it's right by statute, and Texas is 39.03 Pima Code.
[06:53.020 --> 06:56.860] Every state has an incantation of it except New Mexico.
[06:56.860 --> 07:04.380] I couldn't find one there, but it is a crime for a public official to exert a purport to
[07:04.380 --> 07:09.060] exert an authority he doesn't have or fail to perform a duty he's required to perform.
[07:09.060 --> 07:16.500] So when a public official tells me I have to do something, don't tell me, show me, because
[07:16.500 --> 07:22.340] if you can't show me in code, I'm likely to call 911 and ask them to come out and arrest
[07:22.340 --> 07:23.340] you.
[07:23.340 --> 07:28.420] So you would go that far as to call 911?
[07:28.420 --> 07:29.980] It's my duty.
[07:29.980 --> 07:30.980] That's a Class A misdemeanor.
[07:30.980 --> 07:31.980] Okay.
[07:31.980 --> 07:32.980] That's a serious crime.
[07:32.980 --> 07:38.620] Maybe this is not some traffic ticket thing.
[07:38.620 --> 07:40.420] This is a year in prison.
[07:40.420 --> 07:42.620] Oh, you're kidding.
[07:42.620 --> 07:46.860] No, I have a duty to report crime.
[07:46.860 --> 07:52.500] They get all, they want to huff and puff and get all excited, hey guys, kill the messenger.
[07:52.500 --> 07:53.500] Yeah.
[07:53.500 --> 08:00.180] Just go ahead and say or do something that would cause me to feel in any way threatened
[08:00.180 --> 08:02.980] or intimidated.
[08:02.980 --> 08:05.220] Then we get witness tampering and obstruction.
[08:05.220 --> 08:08.260] You guys want to try for more?
[08:08.260 --> 08:13.220] Then we go to shielding and prosecution, Texas at the felony.
[08:13.220 --> 08:16.980] This gets deep guys.
[08:16.980 --> 08:18.940] I didn't write the code.
[08:18.940 --> 08:21.420] I just read it.
[08:21.420 --> 08:22.780] That's what it says.
[08:22.780 --> 08:28.400] I asked the judge to, I noticed the judge that I intended to challenge the grand jury
[08:28.400 --> 08:31.540] pool under 19.27.
[08:31.540 --> 08:34.820] He impaled the pool without giving me opportunity to challenge.
[08:34.820 --> 08:42.060] I, he came off the bench, I insisted he bring in the grand jury, disband it, reconvene the
[08:42.060 --> 08:45.860] pool and give me opportunity to challenge it.
[08:45.860 --> 08:47.740] And he said I'd have to figure out how to do it.
[08:47.740 --> 08:51.220] And finally I said, well, we'll see what Travis County says about that.
[08:51.220 --> 08:55.060] You're threatening me, Mr. Bailiff, he's threatening me, arrest this man.
[08:55.060 --> 08:58.740] The bailiff come over and put his hand on my arm.
[08:58.740 --> 09:02.500] And I looked down and asked him, I told the bailiff, I see you wearing that pistol.
[09:02.500 --> 09:03.860] He said, yes, I am.
[09:03.860 --> 09:05.340] Says that pistol loaded?
[09:05.340 --> 09:06.340] Yes, it is.
[09:06.340 --> 09:07.340] And the judge told him to back off.
[09:07.340 --> 09:08.340] It'd be okay.
[09:08.340 --> 09:10.340] The judge realized something was wrong.
[09:10.340 --> 09:15.300] Sorry, Bubba, too late.
[09:15.300 --> 09:21.460] If a public official, I'm sorry, in Texas, if a person commits simple assault as defined
[09:21.460 --> 09:33.140] by 2021, 2201 Texas penal code, that's a classy misdemeanor, unless under 22, the person is
[09:33.140 --> 09:40.020] prominently displaying a deadly weapon, in which case it is a second degree felony, 10
[09:40.020 --> 09:42.020] to 15.
[09:42.020 --> 09:48.420] Unless it is a public official acting under the color or pretense of an official capacity,
[09:48.420 --> 09:52.740] in which case it is a felony of the first degree.
[09:52.740 --> 09:54.780] I didn't write it, judge.
[09:54.780 --> 09:57.080] I just read it.
[09:57.080 --> 10:00.980] You had that bailiff put his hand on my arm while he was prominently displaying a deadly
[10:00.980 --> 10:02.940] weapon.
[10:02.940 --> 10:09.780] I read that as a first degree felony, go explain it to the grand jury, not to me.
[10:09.780 --> 10:15.740] I was thinking about using your saying, a private citizen may not use ignorance of the
[10:15.740 --> 10:19.940] law as the...
[10:19.940 --> 10:21.940] Screws v. US.
[10:21.940 --> 10:22.940] Prosecution.
[10:22.940 --> 10:30.420] Look up screws v. US, they're screwed.
[10:30.420 --> 10:38.620] At screws v. US, I think it's 363 U.S. 91, I believe is what it is.
[10:38.620 --> 10:43.860] At 109, they say that a private citizen cannot claim ignorance of the laws of defense to
[10:43.860 --> 10:45.860] prosecution.
[10:45.860 --> 10:50.300] A public official is held to a much higher standard.
[10:50.300 --> 10:57.760] If a public official violates a ruling of this court and he be saying, he may not be
[10:57.760 --> 11:00.180] heard to say he knows not what he does.
[11:00.180 --> 11:08.180] You haven't lived until you get the officer on the stand and ask, Mr. Officer, are you
[11:08.180 --> 11:09.180] ready?
[11:09.180 --> 11:10.180] Objection.
[11:10.180 --> 11:11.180] Objection.
[11:11.180 --> 11:18.020] And then I bring up screws v. US, I say, your honor, I suspect that this officer at one
[11:18.020 --> 11:24.980] point in my examination is going to tell me he doesn't know what the law is.
[11:24.980 --> 11:30.180] The very law that he is purporting to enforce.
[11:30.180 --> 11:36.460] And when he does that, I'm going to ask that you disqualify him as a witness and his only
[11:36.460 --> 11:46.580] defense against a claim of official oppression is insanity under the screws doctrine.
[11:46.580 --> 11:52.660] And I quote the screws doctrine to him that this municipal judge, I had to give him credit.
[11:52.660 --> 11:54.300] He had a sense of humor.
[11:54.300 --> 12:00.580] He's trying to keep from chuckling at the prosecutor and he shook his head and said,
[12:00.580 --> 12:01.580] officer answer the question.
[12:01.580 --> 12:02.580] No, I'm going to say.
[12:02.580 --> 12:08.380] Oh, that was great fun.
[12:08.380 --> 12:09.380] But yes.
[12:09.380 --> 12:12.220] I better get off the line so you can get to the next caller.
[12:12.220 --> 12:13.220] Thanks, Randy.
[12:13.220 --> 12:14.220] Thank you, Ed.
[12:14.220 --> 12:15.220] Okay.
[12:15.220 --> 12:19.580] Now we're going to go to Don in New Mexico and Don is here.
[12:19.580 --> 12:26.260] Don sent me the last time we talked, I suggested he file criminal complaints against this IRS
[12:26.260 --> 12:40.820] agent that's trying to collect a judgment from Don's tenant in a property improperly.
[12:40.820 --> 12:47.620] So will you explain what the, he sent me the complaint from you, rip it to pieces, but
[12:47.620 --> 12:48.620] there was nothing to rip.
[12:48.620 --> 12:49.620] It was very well done.
[12:49.620 --> 12:50.620] Will you kind of explain that, Don?
[12:50.620 --> 12:51.620] Of course.
[12:51.620 --> 12:58.700] And I sent you an updated version I had as a cover letter to it, because I'm going to
[12:58.700 --> 13:04.500] be sending that off to the FBI and to anybody else I can think of here.
[13:04.500 --> 13:05.500] The U.S. attorney.
[13:05.500 --> 13:09.260] The U.S. attorney is going to be on the list too.
[13:09.260 --> 13:11.860] I've got, let me bring that up here.
[13:11.860 --> 13:15.340] That was going to be one of my questions.
[13:15.340 --> 13:24.860] I think I had an IRS agent show up at a rental house and issue a notice of levy to the lady
[13:24.860 --> 13:32.300] that lived there saying that she had to start paying her rent to them instead of to me.
[13:32.300 --> 13:41.340] And I wrote a letter to her explaining what I saw was the law around notices of levy,
[13:41.340 --> 13:46.100] that it didn't apply in the private sector, and that she could ignore it and go on with
[13:46.100 --> 13:47.100] her life.
[13:47.100 --> 13:50.300] And they badgered her for the next couple of months, and she ended up going down to
[13:50.300 --> 13:55.580] the IRS office and making a payment to them.
[13:55.580 --> 14:00.260] And when she couldn't make her rent payment and the payment to them, she gave me notice
[14:00.260 --> 14:04.300] of moved out, which, you know, was fine.
[14:04.300 --> 14:09.540] I mean, she didn't want to be harassed by the IRS anymore, and I don't blame her for
[14:09.540 --> 14:10.540] that.
[14:10.540 --> 14:16.020] I have a rental house that's sitting there empty, and I have a new criminal complaint
[14:16.020 --> 14:22.380] that I wrote up that I couldn't have written up two weeks ago.
[14:22.380 --> 14:30.180] It all kind of came together after I read your Cherokee County stuff, and I read some
[14:30.180 --> 14:39.380] of your complaints and how you worded them just plainly, clearly, these are the facts,
[14:39.380 --> 14:44.860] these are the things that happened, this is what they violated, and it all kind of came
[14:44.860 --> 14:47.580] flowing out yesterday.
[14:47.580 --> 14:51.780] So I have a criminal complaint that I think is pretty much done, I'm pretty happy with
[14:51.780 --> 14:52.780] it.
[14:52.780 --> 15:03.100] I read it, and there was no this dirty rotten scoundrel, and no, there were no legal conclusions
[15:03.100 --> 15:06.220] that were not supported by the facts.
[15:06.220 --> 15:14.620] It was very nicely done, and if you're willing to share that, if you will give me permission
[15:14.620 --> 15:19.220] and anybody wants to see it, I will forward it to them.
[15:19.220 --> 15:21.900] Oh yeah, feel free.
[15:21.900 --> 15:28.140] So if anybody wants to see that complaint against an IRS, okay, tell them who you actually
[15:28.140 --> 15:29.140] filed against.
[15:29.140 --> 15:34.020] I'm sorry, who did I file against?
[15:34.020 --> 15:35.020] Yes.
[15:35.020 --> 15:42.780] Well, initially I wrote a letter to the FBI complaining about this IRS agent who delivered
[15:42.780 --> 15:51.100] the notice of levy and extorted money, in my opinion, from the lady that lived there,
[15:51.100 --> 15:54.420] and you looked at it and said, well, that's not a complaint, that's just a letter notifying
[15:54.420 --> 16:01.980] them that a crime has been committed, and they ended up sending it off to the Internal
[16:01.980 --> 16:06.820] Revenue Service Criminal Investigation Division, and I'm sure it's gone away, right?
[16:06.820 --> 16:08.380] Yeah, they used it for torture.
[16:08.380 --> 16:13.780] I heard anything, I'm not going to hear anything, I don't expect to hear anything.
[16:13.780 --> 16:19.500] This one I wrote up specifically as a criminal complaint because I'm sending it to the FBI,
[16:19.500 --> 16:24.500] and this time with a letter telling them, and like I said, I did send you an update
[16:24.500 --> 16:30.860] just a few minutes ago, and the cover letter says, you know, I'm sending this to you to
[16:30.860 --> 16:36.420] investigate and report whatever you find to the Attorney General, and if you have to send
[16:36.420 --> 16:41.140] it somewhere else because the law requires you to for investigation, tell me who you
[16:41.140 --> 16:43.140] sent it to, and also-
[16:43.140 --> 16:50.340] Wait a minute, hold on, hold on, back to go to break, Randy Kelton, Rule of Law Radio,
[16:50.340 --> 16:55.340] we'll be right back.
[16:55.340 --> 17:01.140] Dang, cookies.
[17:01.140 --> 17:02.140] Cookies?
[17:02.140 --> 17:03.140] Me love cookies.
[17:03.140 --> 17:06.540] Oh, hi, Cookie Muncher, no, these are yucky cookies.
[17:06.540 --> 17:07.540] Cookies?
[17:07.540 --> 17:08.540] Yucky?
[17:08.540 --> 17:09.540] No, no bad cookies.
[17:09.540 --> 17:12.340] You can't even eat these cookies, these are cyber cookies.
[17:12.340 --> 17:13.340] No cookies?
[17:13.340 --> 17:16.740] No, they are cyber cookies and they clog up your computer.
[17:16.740 --> 17:17.740] These have apples.
[17:17.740 --> 17:18.740] Really?
[17:18.740 --> 17:20.740] Oh, that's an actual apple.
[17:20.740 --> 17:22.740] Yummy apple.
[17:22.740 --> 17:26.740] I'm going to throw away these yucky cookies in the trash.
[17:26.740 --> 17:32.940] I click control, shift, delete, and then scroll down to cookies and clear them.
[17:32.940 --> 17:34.500] Bye bye, yucky cookies.
[17:34.500 --> 17:40.140] Now I go to logosradio.network.com and I click on the Amazon box on the upper right-hand
[17:40.140 --> 17:46.180] side, bookmark the link, and I can go to Amazon through this link and order you some yummy
[17:46.180 --> 17:47.180] new cookies.
[17:47.180 --> 17:48.180] New cookies?
[17:48.180 --> 17:49.180] For me?
[17:49.180 --> 17:53.780] I order an early Christmas present and every time I order on Amazon, I go through this
[17:53.780 --> 17:57.180] link and I give a little present to this radio network too.
[17:57.180 --> 17:58.180] Cheers for cookies.
[17:58.180 --> 17:59.180] Cheers for classified.
[17:59.180 --> 18:05.180] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[18:58.780 --> 18:59.780] collectors now.
[18:59.780 --> 19:26.780] You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:26.780 --> 19:29.780] Okay, we are back.
[19:29.780 --> 19:32.780] I'm talking to Don in New Mexico.
[19:32.780 --> 19:41.980] Don, on the break, I looked up my fill-in-the-blank federal criminal complaint form and I emailed
[19:41.980 --> 19:42.980] it to you.
[19:42.980 --> 19:43.980] Oh, cool.
[19:43.980 --> 19:44.980] Thank you.
[19:44.980 --> 19:50.780] And if anybody else wants a copy of that, just send me an email and I will send it to
[19:50.780 --> 19:51.780] you.
[19:51.780 --> 20:01.780] If I can get caught up a little bit, I will put all of these on my jurisimprudence.website.com.
[20:01.780 --> 20:02.780] I lost jurisimprudence.com.
[20:02.780 --> 20:04.780] I may eventually get it back.
[20:04.780 --> 20:07.780] But right now, it's jurisimprudence.website.
[20:07.780 --> 20:10.780] I'll try to get these loaded up on there.
[20:10.780 --> 20:14.780] But in the meantime, if you'll send me an email, I'll send you a copy of this federal
[20:14.780 --> 20:22.780] criminal complaint along with Don's complaint and it will give you a good sample of how
[20:22.780 --> 20:27.780] to write a good, effective criminal accusation.
[20:27.780 --> 20:32.780] Didn't you also file against his director?
[20:32.780 --> 20:47.780] Well, this complaint is addressing the supervisor and the actual employee that he supervised
[20:47.780 --> 20:50.780] that was doing the footwork.
[20:50.780 --> 20:55.780] And that's what I added to my corrected one or the one I just sent you.
[20:55.780 --> 21:01.780] I added your statement that the revenue officer acted under ongoing policy under the direct
[21:01.780 --> 21:07.780] supervision of the supervisor, who's a co-conspirator acting in concert and collusion, promoting
[21:07.780 --> 21:13.780] ongoing policy when they issued their notice of levy and, you know, with the intent of
[21:13.780 --> 21:17.780] seizing the monthly rent from the tenant in that property.
[21:17.780 --> 21:20.780] And I think I like that a lot better than what I had.
[21:20.780 --> 21:21.780] Okay.
[21:21.780 --> 21:24.780] One thing you might want to look up in the IRS code.
[21:24.780 --> 21:28.780] I don't remember where it's at.
[21:28.780 --> 21:41.780] But in the IRS collection manual, there is a reference to an IRS code that requires that
[21:41.780 --> 21:53.780] the agent in the process of collecting revenue abide by all existing law.
[21:53.780 --> 22:00.780] That's a throw the agent under the bus statute.
[22:00.780 --> 22:08.780] So see if you can find that one and add that to your support for your complaint.
[22:08.780 --> 22:10.780] You'll like that one.
[22:10.780 --> 22:14.780] They put agents in a position to where they have to collect all this money.
[22:14.780 --> 22:17.780] They have them competing with each other.
[22:17.780 --> 22:18.780] Yeah.
[22:18.780 --> 22:23.780] And in order for them to collect all this money, they have to cheat.
[22:23.780 --> 22:28.780] But then they've got this statute that says you can't cheat.
[22:28.780 --> 22:30.780] If you do, you're responsible.
[22:30.780 --> 22:34.780] So this is kind of, it's what they did to us when I was in Vietnam.
[22:34.780 --> 22:41.780] They told us that we would load by the book and then gave us a frag or a number of weapons
[22:41.780 --> 22:47.780] to load that was five times what we could load by the book.
[22:47.780 --> 22:52.780] We're flying fire support for troops on the ground and my twin brother was one of them.
[22:52.780 --> 22:53.780] So they give us a frag.
[22:53.780 --> 22:54.780] We loaded it.
[22:54.780 --> 22:56.780] We didn't care what the book said.
[22:56.780 --> 22:57.780] We got that thing loaded.
[22:57.780 --> 23:01.780] But if anything happened, then they could come back on us.
[23:01.780 --> 23:05.780] So they did the same thing to the IRS agents.
[23:05.780 --> 23:06.780] Oh, yeah.
[23:06.780 --> 23:07.780] Works for me.
[23:07.780 --> 23:10.780] We're working all the way up.
[23:10.780 --> 23:19.780] And I think, you know, I put out a FOIA request for the supervisor's supervisor back on September
[23:19.780 --> 23:20.780] 22nd.
[23:20.780 --> 23:26.780] They received it in Georgia, which is where the FOIA for IRS goes.
[23:26.780 --> 23:33.780] And today, well, yesterday I sent out another one and I cleaned it up a bit.
[23:33.780 --> 23:38.780] I actually spent some time at Judicial Watch's website.
[23:38.780 --> 23:45.780] And they have a guide for filing and they're experts at this because they do it constantly.
[23:45.780 --> 23:52.780] And they're also in court constantly enforcing their FOIA request.
[23:52.780 --> 23:59.780] And I wrote up a FOIA request for the same exact information I asked for in my September
[23:59.780 --> 24:05.780] 22nd FOIA request, but basically using their outline.
[24:05.780 --> 24:09.780] And I sent that off yesterday because I hadn't heard anything.
[24:09.780 --> 24:15.780] And my choice was file a lawsuit in federal court, which costs 400 bucks.
[24:15.780 --> 24:20.780] And you can ask for the cost to be returned to you, but I don't know if they ever do that
[24:20.780 --> 24:21.780] or not.
[24:21.780 --> 24:22.780] Oh, wait a minute.
[24:22.780 --> 24:23.780] Wait a minute.
[24:23.780 --> 24:24.780] Hold on.
[24:24.780 --> 24:25.780] There's another option.
[24:25.780 --> 24:30.780] 18 U.S. Code 242.
[24:30.780 --> 24:35.780] 18 U.S. Code 242 is a catch-all.
[24:35.780 --> 24:36.780] Yes.
[24:36.780 --> 24:37.780] Yes.
[24:37.780 --> 24:41.780] Gather up all the public officials into this one little basket.
[24:41.780 --> 24:46.780] And if any one of them violates a law relating to their office and in the process denies
[24:46.780 --> 24:53.780] you the FOIA-free access to or enjoyment right, they're in violation of the Ku Klux Klan Act
[24:53.780 --> 24:57.780] codified into 18 U.S. Code 242.
[24:57.780 --> 25:00.780] Class A misdemeanor.
[25:00.780 --> 25:02.780] That's another criminal complaint.
[25:02.780 --> 25:07.780] And right now I have one big one on my hands.
[25:07.780 --> 25:12.780] So I went ahead and using taking judicial watches.
[25:12.780 --> 25:18.780] It was their recommendation that if you don't hear anything, send out another request because
[25:18.780 --> 25:20.780] it may have got lost in the shuffle.
[25:20.780 --> 25:23.780] It may have fallen in a crack somewhere.
[25:23.780 --> 25:26.780] And ultimately what you want is the information.
[25:26.780 --> 25:29.780] You don't want to have to spend time going to court if you don't have to.
[25:29.780 --> 25:35.780] Yeah, that's why I say you send out a criminal complaint on the one they missed and then
[25:35.780 --> 25:37.780] you go ahead and file the other one.
[25:37.780 --> 25:39.780] Criminal complaints totally separate.
[25:39.780 --> 25:44.780] Well, what the criminal complaint says is you don't answer this one.
[25:44.780 --> 25:47.780] I'm coming after you personally.
[25:47.780 --> 25:52.780] Now, we may be able to go to a grand jury or U.S. attorney and say, oh, well, we misplaced that one.
[25:52.780 --> 25:57.780] But we're not going to be able to say we misplaced two of them.
[25:57.780 --> 26:02.780] And I just found out where we can do that.
[26:02.780 --> 26:05.780] I just found that out.
[26:05.780 --> 26:08.780] Let me find my notes on that.
[26:08.780 --> 26:10.780] If you don't mind waiting for just a second.
[26:10.780 --> 26:11.780] Okay.
[26:11.780 --> 26:12.780] Why are you doing that?
[26:12.780 --> 26:15.780] Ian, I'm sure this is in federal FOIA.
[26:15.780 --> 26:19.780] I read federal FOIA a long time ago, but I'm more familiar with Texas.
[26:19.780 --> 26:29.780] Texas and Texas says that if you give a information request to someone in a department
[26:29.780 --> 26:38.780] and that person is not the custodian of the record or a designated person to act in the place of the custodian,
[26:38.780 --> 26:44.780] that it's your duty to forward the request to the custodian.
[26:44.780 --> 26:50.780] It's not my duty as a citizen to figure out who the custodian of the record is.
[26:50.780 --> 26:54.780] And there have been a number of times I've taken information requests down.
[26:54.780 --> 26:58.780] Oh, well, you have to give that to the district attorney.
[26:58.780 --> 27:00.780] I don't have to do any such thing.
[27:00.780 --> 27:01.780] So I'm going to give it to you.
[27:01.780 --> 27:03.780] Well, I'm not the right one.
[27:03.780 --> 27:05.780] Your problem, not my problem.
[27:05.780 --> 27:10.780] I'm going to leave it here and you just do whatever you want to with it.
[27:10.780 --> 27:19.780] But if in 15 days I don't have the records or request to the attorney general for an opinion,
[27:19.780 --> 27:24.780] I will not be reasonable and I will not be understanding.
[27:24.780 --> 27:29.780] I will be going to the grand jury to get your boss indicted.
[27:29.780 --> 27:32.780] So you just do that whatever you want to.
[27:32.780 --> 27:38.780] And that's when they start taking my request serious.
[27:38.780 --> 27:42.780] I suggest if along with this second FOIA request,
[27:42.780 --> 27:47.780] you send a criminal complaint to the U.S. attorney,
[27:47.780 --> 27:51.780] now they're not going to proceed on the criminal complaint.
[27:51.780 --> 27:55.780] But what they are going to do is call these guys and say,
[27:55.780 --> 27:56.780] well, what's going on here?
[27:56.780 --> 28:03.780] I've got a guy trying to get me to arrest you under 18 U.S. Code 242
[28:03.780 --> 28:05.780] because you didn't respond to a FOIA.
[28:05.780 --> 28:08.780] Tell me what's going on.
[28:08.780 --> 28:11.780] And they'll do a little song and dance that sells her down your pants.
[28:11.780 --> 28:14.780] And the U.S. attorney will say, oh, well, okay, no problem.
[28:14.780 --> 28:16.780] And when they hang up the phone,
[28:16.780 --> 28:22.780] this guy on the other end is going to feel like he just dodged a big time bullet.
[28:22.780 --> 28:27.780] And he'll wipe the sweat off his upper lip and go tell these guys,
[28:27.780 --> 28:32.780] make sure you respond to this one.
[28:32.780 --> 28:35.780] Okay. Go ahead. Did you find what you're looking for?
[28:35.780 --> 28:41.780] You know, I haven't found it, but I found in the U.S. Code,
[28:41.780 --> 28:50.780] in the section that talks about the Federal Bureau of Investigations,
[28:50.780 --> 28:56.780] and it talks about the responsibilities that if,
[28:56.780 --> 29:00.780] because I was looking up what are the responsibilities of the FBI
[29:00.780 --> 29:03.780] when I send this complaint into them.
[29:03.780 --> 29:10.780] And in that section it says that if any one in the government
[29:10.780 --> 29:17.780] becomes aware of a criminal violation by a public official or employee,
[29:17.780 --> 29:21.780] they have to immediately report that to the head of their agency
[29:21.780 --> 29:28.780] who has to expedite that information to the attorney general.
[29:28.780 --> 29:31.780] Can you give me a citation to that?
[29:31.780 --> 29:34.780] I will. Yeah. We're going to break. Let me find it.
[29:34.780 --> 29:38.780] Okay. That is wonderful.
[29:38.780 --> 29:41.780] Yes, we have that in Texas. We'll address that when we come back.
[29:41.780 --> 29:48.780] Randy Kelton, rule of law radio, call in number 512-646-1984.
[29:48.780 --> 30:01.780] We'll be right back.
[30:01.780 --> 30:05.780] The Stasi, East German secret police, used to capture prisoners' scent
[30:05.780 --> 30:10.780] on pieces of felt stored in glass jars so dogs could hunt them down later.
[30:10.780 --> 30:13.780] Unfortunately, some things never change.
[30:13.780 --> 30:16.780] I'm Dr. Catherine Albrecht, and I'll be back with more.
[30:16.780 --> 30:18.780] Privacy is under attack.
[30:18.780 --> 30:21.780] When you give up data about yourself, you'll never get it back again.
[30:21.780 --> 30:26.780] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.780 --> 30:31.780] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.780 --> 30:34.780] Privacy, it's worth hanging on to.
[30:34.780 --> 30:37.780] This public service announcement is brought to you by StartPage.com,
[30:37.780 --> 30:41.780] the private search engine alternative to Google, Yahoo, and Bing.
[30:41.780 --> 30:45.780] Start over with StartPage.
[30:45.780 --> 30:49.780] In Germany, 68-year-old leftist Fritz S. thought he'd seen it all
[30:49.780 --> 30:55.780] till officials knocked on his door in 2007 demanding something new, his smell.
[30:55.780 --> 30:58.780] They thought the aging revolutionary might disrupt the G8 summit,
[30:58.780 --> 31:01.780] so they made him hold little metal tubes in his hands for several minutes
[31:01.780 --> 31:04.780] to collect his scent just in case.
[31:04.780 --> 31:07.780] Around that same time, the U.S. government sought research proposals
[31:07.780 --> 31:12.780] for a similar system to collect human scent for tracking purposes.
[31:12.780 --> 31:17.780] Those creepy interrogation jars I mentioned can be seen at the Stasi Museum in Berlin,
[31:17.780 --> 31:21.780] along with other devices of surveillance and state control.
[31:21.780 --> 31:24.780] Look closely, you may see our future.
[31:24.780 --> 31:30.780] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[32:01.780 --> 32:04.780] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:04.780 --> 32:07.780] In today's America, we live in an us-against-them society,
[32:07.780 --> 32:09.780] and if we the people are ever going to have a free society,
[32:09.780 --> 32:12.780] then we're going to have to stand and defend our own rights.
[32:12.780 --> 32:15.780] Among those rights are the right to travel freely from place to place,
[32:15.780 --> 32:17.780] the right to act in our own private capacity,
[32:17.780 --> 32:19.780] and most importantly, the right to due process of law.
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[32:22.780 --> 32:25.780] how to enforce and preserve our rights through due process.
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[32:28.780 --> 32:30.780] has put together the most comprehensive teaching tool available
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[32:56.780 --> 33:22.780] the free society we all want and deserve.
[33:22.780 --> 33:26.780] Okay, we are back. Randy Kelton, Rule of Law Radio,
[33:26.780 --> 33:28.780] and we're talking to Don in New Mexico.
[33:28.780 --> 33:32.780] And do you have that citation?
[33:32.780 --> 33:36.780] I do. It's 28 USC, Section 535.
[33:36.780 --> 33:40.780] It was actually on my list of things to talk to you about today.
[33:40.780 --> 33:46.780] Oh, I am going to have so much fun with that.
[33:46.780 --> 33:52.780] Texas Article 2.03 says that when a public,
[33:52.780 --> 33:56.780] when a prosecuting attorney is made known in any manner
[33:56.780 --> 34:00.780] that a public official has violated a law relating to his office,
[34:00.780 --> 34:02.780] he shall reduce complaint when information is submitted
[34:02.780 --> 34:04.780] to the grand jury.
[34:04.780 --> 34:08.780] Okay, this is the equivalent.
[34:08.780 --> 34:12.780] I haven't, I haven't been through all of the US Code,
[34:12.780 --> 34:15.780] as much as Texas Code, so I hadn't found this one.
[34:15.780 --> 34:21.780] Oh, this is wonderful, because now I have a complaint
[34:21.780 --> 34:25.780] against the local federal judge.
[34:25.780 --> 34:32.780] It is one of these really technical complaints.
[34:32.780 --> 34:37.780] I filed a trespass to try to title against these guys,
[34:37.780 --> 34:42.780] against the Wells Fargo.
[34:42.780 --> 34:47.780] They removed it to the Fed, and then filed a 12b6 motion
[34:47.780 --> 34:49.780] to dismiss the failure state of claim
[34:49.780 --> 34:51.780] in which recovery can't be had.
[34:51.780 --> 34:55.780] Well, it was a quiet title action.
[34:55.780 --> 35:03.780] I didn't ask for recovery, so it was immune from 12b6.
[35:03.780 --> 35:06.780] And Wells Fargo said that it should be dismissed
[35:06.780 --> 35:09.780] because they're not the lender.
[35:09.780 --> 35:12.780] I read that and said, holy mackerel.
[35:12.780 --> 35:16.780] They said they weren't the lender on a legal document.
[35:16.780 --> 35:19.780] So that's collateral estoppel.
[35:19.780 --> 35:22.780] So I don't want to give them a chance to fix their mistake.
[35:22.780 --> 35:25.780] I non-suited immediately.
[35:25.780 --> 35:29.780] The same day I non-suited, Judge McBride dismissed
[35:29.780 --> 35:33.780] the case with prejudice.
[35:33.780 --> 35:36.780] And I had filed a challenge to subject matter jurisdiction,
[35:36.780 --> 35:39.780] claiming the court had no jurisdiction.
[35:39.780 --> 35:42.780] And it was essentially a motion to remand.
[35:42.780 --> 35:45.780] Without hearing the challenge to subject matter jurisdiction,
[35:45.780 --> 35:48.780] he dismissed with prejudice.
[35:48.780 --> 35:51.780] The same day I non-suited.
[35:51.780 --> 35:54.780] So I went down and filed official oppression against him
[35:54.780 --> 35:57.780] for dismissing with prejudice.
[35:57.780 --> 35:59.780] Gave it to the clerk.
[35:59.780 --> 36:02.780] A week later, the clerk sent it back to me, said,
[36:02.780 --> 36:05.780] I filed it in the wrong place.
[36:05.780 --> 36:12.780] So now I take a complaint against the clerk
[36:12.780 --> 36:15.780] and the federal judge,
[36:15.780 --> 36:20.780] and I give it to the SAC in Fort Worth,
[36:20.780 --> 36:23.780] the special agent in charge in Fort Worth.
[36:23.780 --> 36:29.780] I send it to him, a certified mail registered restricted.
[36:29.780 --> 36:32.780] And then wait to see what he does,
[36:32.780 --> 36:35.780] and then I'll get to Navy Division.
[36:35.780 --> 36:38.780] Attorney General and Federal Bureau of Investigations
[36:38.780 --> 36:40.780] may investigate any violation.
[36:40.780 --> 36:42.780] It doesn't say shall.
[36:42.780 --> 36:45.780] So it looks to me like they're not required
[36:45.780 --> 36:48.780] to investigate any violation.
[36:48.780 --> 36:51.780] Okay, this is what I'm going to say,
[36:51.780 --> 36:55.780] is they have a duty to enforce law.
[36:55.780 --> 37:00.780] And may in this instance merely means
[37:00.780 --> 37:07.780] that they are allowed to enforce law against public officials.
[37:07.780 --> 37:11.780] And since they are required to enforce law,
[37:11.780 --> 37:16.780] then this simply extends that requirement to public officials.
[37:16.780 --> 37:21.780] May doesn't always mean may, might, or can if he wants to.
[37:21.780 --> 37:28.780] So I can make the argument it's all political.
[37:28.780 --> 37:31.780] So Judge McBride's been a real stinker.
[37:31.780 --> 37:35.780] He has to be 90-year-old by now.
[37:35.780 --> 37:38.780] And it's time for him to retire.
[37:38.780 --> 37:43.780] So if I can create enough political annoyance
[37:43.780 --> 37:47.780] around the U.S. attorney, the FBI, the attorney general,
[37:47.780 --> 37:51.780] get everybody upset at him because they got me annoying them
[37:51.780 --> 37:54.780] and trying to get them arrested,
[37:54.780 --> 37:59.780] we're going into a new, we're going to have a new president.
[37:59.780 --> 38:02.780] Oh, this is the perfect time.
[38:02.780 --> 38:04.780] You know what happens to every U.S. attorney
[38:04.780 --> 38:08.780] when there's a new president coming in, don't you?
[38:08.780 --> 38:11.780] Well, they're appointed by the president, so.
[38:11.780 --> 38:14.780] They have to issue a resignation.
[38:14.780 --> 38:15.780] Yeah.
[38:15.780 --> 38:17.780] Every one of them does.
[38:17.780 --> 38:20.780] And the new president decides which ones he keeps
[38:20.780 --> 38:23.780] and which ones he doesn't.
[38:23.780 --> 38:25.780] Bush got rid of a bunch of them.
[38:25.780 --> 38:27.780] There's a big flap over that.
[38:27.780 --> 38:31.780] So we're going into another one of these cycles.
[38:31.780 --> 38:36.780] Every one of these U.S. attorneys is going to have to issue a resignation.
[38:36.780 --> 38:41.780] You start going after them right now?
[38:41.780 --> 38:46.780] Going to be lots of politics.
[38:46.780 --> 38:52.780] They might unload this IRS agent just to keep you off the U.S. attorney.
[38:52.780 --> 38:58.780] Are there any court cases that you know of that discuss the word may
[38:58.780 --> 38:59.780] in a statute like that?
[38:59.780 --> 39:01.780] Oh, yes. Oh, yes.
[39:01.780 --> 39:02.780] I have to go dig them out.
[39:02.780 --> 39:04.780] It's been a long time since I've looked at them.
[39:04.780 --> 39:08.780] But may is permissive.
[39:08.780 --> 39:21.780] And may is only discretional if certain circumstances exist.
[39:21.780 --> 39:24.780] There's quite a bit of case law in that.
[39:24.780 --> 39:26.780] And I'll do some looking.
[39:26.780 --> 39:27.780] That's all I have.
[39:27.780 --> 39:30.780] And for my part, I don't care what it says.
[39:30.780 --> 39:32.780] I don't care what the case law is.
[39:32.780 --> 39:40.780] I'm going to say this is a situation that requires new law because if it's read to be discretionary,
[39:40.780 --> 39:47.780] then it gives the U.S. attorney judicial discretion.
[39:47.780 --> 39:48.780] Right.
[39:48.780 --> 39:56.780] And it's a judge that has to make the determination a probable cause, not a prosecuting attorney.
[39:56.780 --> 40:03.780] So if they're supposed to expedite this, the FBI agent,
[40:03.780 --> 40:08.780] we're going to claim had a duty to present this to some magistrate.
[40:08.780 --> 40:09.780] Okay.
[40:09.780 --> 40:14.780] Along with presenting it to the U.S. attorney.
[40:14.780 --> 40:17.780] And they're not going to do either one of those.
[40:17.780 --> 40:24.780] We don't expect to win the case against the IRS agent, the SAC, I mean not the IRS agent,
[40:24.780 --> 40:30.780] the SAC, the special agent in charge or the U.S. attorney.
[40:30.780 --> 40:41.780] But if we kick the U.S. attorney in his professional behind right at this time, he is going to get real excited.
[40:41.780 --> 40:46.780] And you think I should send this complaint to the U.S. attorney here in New Mexico or the one in Washington?
[40:46.780 --> 40:48.780] No.
[40:48.780 --> 40:58.780] Based on this statute, you give it to the SAC of the local FBI
[40:58.780 --> 41:13.780] and include an information request to be noticed of the time and place that he forwards this to the U.S. attorney.
[41:13.780 --> 41:21.780] And let him know by your request that you're aware of his statutory duty without actually speaking to it.
[41:21.780 --> 41:22.780] Right.
[41:22.780 --> 41:23.780] That's in my cover letter.
[41:23.780 --> 41:25.780] That's the purpose of it.
[41:25.780 --> 41:26.780] Good, good.
[41:26.780 --> 41:31.780] Then he has constructive notice.
[41:31.780 --> 41:34.780] So this ought to be great.
[41:34.780 --> 41:37.780] This is a perfect timing for this.
[41:37.780 --> 41:38.780] Yeah.
[41:38.780 --> 41:42.780] And if they don't send it to the attorney general, I want to know who they sent it to and what law,
[41:42.780 --> 41:51.780] because it says in the statute that if the, how does it say it, unless it is specifically assigned,
[41:51.780 --> 41:56.780] unless another provision of law requires them to forward it on to someone else, like the military,
[41:56.780 --> 42:02.780] or it mentions the military and it mentions the postmaster general, but it doesn't mention the IRS.
[42:02.780 --> 42:09.780] And so in my cover letter, I'm saying if you send it to anyone else, I want to know who you sent it to
[42:09.780 --> 42:12.780] and what was the specific provision of law requiring that.
[42:12.780 --> 42:13.780] Okay, hold on.
[42:13.780 --> 42:23.780] There's one thing that I've kind of learned to do in doing these kinds of actions.
[42:23.780 --> 42:27.780] Never give fair warning.
[42:27.780 --> 42:31.780] And that means never give legal advice.
[42:31.780 --> 42:32.780] Right.
[42:32.780 --> 42:39.780] If they don't know what the law says, their problem, not your problem.
[42:39.780 --> 42:44.780] So you ask for what the law says, but you don't tell them the law says that.
[42:44.780 --> 42:45.780] Right.
[42:45.780 --> 42:46.780] No, no, I'm not.
[42:46.780 --> 42:47.780] Okay.
[42:47.780 --> 42:49.780] He's springing on them later.
[42:49.780 --> 42:53.780] Bushwhack is so much more fun.
[42:53.780 --> 42:54.780] That's right.
[42:54.780 --> 42:55.780] Yeah.
[42:55.780 --> 42:57.780] I'm not quoting law in this letter either.
[42:57.780 --> 42:58.780] Wonderful.
[42:58.780 --> 42:59.780] Wonderful.
[42:59.780 --> 43:00.780] I'm going to do it.
[43:00.780 --> 43:01.780] Okay.
[43:01.780 --> 43:02.780] We've got a bunch to move on.
[43:02.780 --> 43:03.780] We've got a bunch of callers.
[43:03.780 --> 43:04.780] This is great.
[43:04.780 --> 43:10.780] New Mexico, the New Mexico attorney or U.S. attorney or the one in D.C.?
[43:10.780 --> 43:15.780] Yeah, the U.S. attorney, the local U.S. attorney is the one you want it to go to.
[43:15.780 --> 43:16.780] Okay.
[43:16.780 --> 43:23.780] Well, no, actually you give it to the FBI and he has to give it to the U.S. attorney.
[43:23.780 --> 43:27.780] And you want to know what U.S. attorney he gives it to.
[43:27.780 --> 43:33.780] The U.S. attorney in New Mexico, you know, that's kind of in FBI terms, that's kind of
[43:33.780 --> 43:34.780] podunk.
[43:34.780 --> 43:37.780] Now that's the middle of nowhere.
[43:37.780 --> 43:41.780] So he's not real high up on the political scale.
[43:41.780 --> 43:45.780] So when he has to turn in his resignation and he's looking at new filing complaints
[43:45.780 --> 43:51.780] against him, and he may be the one that doesn't get kept over by the new administration.
[43:51.780 --> 43:52.780] Hang on.
[43:52.780 --> 43:53.780] About to go to break.
[43:53.780 --> 43:57.780] We'll be right back.
[43:57.780 --> 44:00.780] Hello.
[44:00.780 --> 44:07.780] My name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by
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[44:36.780 --> 44:41.780] That's 512-264-4043 naturespureorganics.com.
[44:41.780 --> 44:46.780] Don't forget to like us on Facebook for information on events and our products.
[44:46.780 --> 45:00.780] Naturespureorganics.com.
[45:00.780 --> 45:03.780] Are you the plaintiff or defendant in a lawsuit?
[45:03.780 --> 45:07.780] Win your case without an attorney with Jurisdictionary, the affordable,
[45:07.780 --> 45:14.780] easy to understand, poor CD course that will show you how in 24 hours, step by step.
[45:14.780 --> 45:18.780] If you have a lawyer, know what your lawyer should be doing.
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[45:22.780 --> 45:27.780] Thousands have won with our step by step course and now you can too.
[45:27.780 --> 45:33.780] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
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[45:38.780 --> 45:42.780] about the principles and practices that control our American courts.
[45:42.780 --> 45:48.780] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:48.780 --> 45:51.780] pro se tactics and much more.
[45:51.780 --> 46:01.780] Please visit ruleoflawradio.com and click on the banner or call toll free, 866-LAW-EZ.
[46:01.780 --> 46:25.780] Music
[46:25.780 --> 46:27.780] Okay, we are back.
[46:27.780 --> 46:31.780] Mandy Kelton, rule of law radio, we're finishing up with Don in New Mexico.
[46:31.780 --> 46:33.780] Don, you have made my day.
[46:33.780 --> 46:35.780] Well, I'm glad I did.
[46:35.780 --> 46:37.780] You made mine.
[46:37.780 --> 46:40.780] I'm going to have great fun with this.
[46:40.780 --> 46:42.780] Okay, call back next week.
[46:42.780 --> 46:44.780] Let us know how this shakes out.
[46:44.780 --> 46:45.780] Will do.
[46:45.780 --> 46:48.780] Let me go over a couple more things with you and then I'm out of here.
[46:48.780 --> 46:49.780] Okay.
[46:49.780 --> 46:54.780] All right, on the FOIA request, I think we're already getting some action
[46:54.780 --> 46:58.780] because they sent it from Georgia to California, like I said,
[46:58.780 --> 47:00.780] that I haven't received a response for it.
[47:00.780 --> 47:05.780] I got one in the mail today from California saying they needed more time
[47:05.780 --> 47:10.780] because they didn't know what to do with my request.
[47:10.780 --> 47:11.780] Wait a minute, wait a minute.
[47:11.780 --> 47:15.780] You requested to know who the supervisor was?
[47:15.780 --> 47:18.780] The supervisor of the supervisor here in Albuquerque.
[47:18.780 --> 47:20.780] Yeah.
[47:20.780 --> 47:21.780] And they need more time.
[47:21.780 --> 47:25.780] You need to file a complaint claiming that their request for more time
[47:25.780 --> 47:28.780] is frivolous.
[47:28.780 --> 47:31.780] Okay, I can do that.
[47:31.780 --> 47:35.780] That's an act of delay for delays sake.
[47:35.780 --> 47:36.780] No, they're delaying.
[47:36.780 --> 47:38.780] There is no doubt about it.
[47:38.780 --> 47:39.780] So I thought that was okay.
[47:39.780 --> 47:42.780] I'll look into a complaint for that.
[47:42.780 --> 47:46.780] And then there's an extension that I found,
[47:46.780 --> 47:51.780] and everybody probably knows about it but me already, called Recap.
[47:51.780 --> 47:58.780] And you can add it to Chrome or you can add it as an add-on to Firefox.
[47:58.780 --> 48:03.780] And when you go to PACER, it will identify documents in PACER
[48:03.780 --> 48:07.780] that have already been downloaded by other people,
[48:07.780 --> 48:12.780] and it will have a copy of those documents so that you can get them for free.
[48:12.780 --> 48:14.780] You don't have to pay PACER to get them.
[48:14.780 --> 48:18.780] Yes, some guy set this up.
[48:18.780 --> 48:22.780] Just some ordinary guy set this up a few years ago.
[48:22.780 --> 48:24.780] It was great.
[48:24.780 --> 48:26.780] Yeah, it's called Recap.
[48:26.780 --> 48:30.780] So if anybody's using PACER and you don't want to pay the, you know,
[48:30.780 --> 48:33.780] if you want to stay under the $15 for a quarter,
[48:33.780 --> 48:36.780] it's easier to do if you have free copies of stuff.
[48:36.780 --> 48:38.780] So that's it.
[48:38.780 --> 48:43.780] Yeah, I just sent PACER a $250 check.
[48:43.780 --> 48:48.780] And I haven't been using Recap or the woman I have working for me hasn't.
[48:48.780 --> 48:50.780] I just forgot about it.
[48:50.780 --> 48:52.780] I'd like to follow up with you about the Bank of America stuff,
[48:52.780 --> 48:55.780] but we don't have to do that now.
[48:55.780 --> 48:57.780] Say that again?
[48:57.780 --> 49:00.780] I said at some point I want to follow up on the Bank of America stuff with you,
[49:00.780 --> 49:03.780] but we don't have to do that right now.
[49:03.780 --> 49:05.780] Let's do that next week.
[49:05.780 --> 49:07.780] Sounds good.
[49:07.780 --> 49:09.780] Okay, thank you, Don.
[49:09.780 --> 49:13.780] We're going to go to Olivier in Tennessee.
[49:13.780 --> 49:16.780] Hello, Olivier.
[49:16.780 --> 49:18.780] Great to know, Randy.
[49:18.780 --> 49:20.780] Okay, where are we today?
[49:20.780 --> 49:22.780] We just spoke last night.
[49:22.780 --> 49:28.780] Kind of bring us kind of Recap for those who didn't hear you last night.
[49:28.780 --> 49:34.780] Last night we was talking about sending off the appeal and the effects of the appeal
[49:34.780 --> 49:41.780] and the fact that the city basically gave me all the arguments that were possible,
[49:41.780 --> 49:49.780] and I was able to find them in the Google Scholar search with Supreme Law,
[49:49.780 --> 49:51.780] Supreme Court case and everything.
[49:51.780 --> 49:54.780] So I rescinded my appeal,
[49:54.780 --> 50:02.780] and I'm going to file the answer to the motion and the amended pleading.
[50:02.780 --> 50:04.780] Wait a minute, wait a minute.
[50:04.780 --> 50:09.780] You don't need to answer their motion if you file an amended pleading.
[50:09.780 --> 50:17.780] If you file anything, just move the court to strike the motions as moot.
[50:17.780 --> 50:19.780] As moot?
[50:19.780 --> 50:22.780] Moot, that means they don't matter,
[50:22.780 --> 50:30.780] because what they're complaining about is no longer before the court.
[50:30.780 --> 50:34.780] Okay.
[50:34.780 --> 50:36.780] Okay, so you're going to file,
[50:36.780 --> 50:42.780] this is exactly the way court cases are supposed to work.
[50:42.780 --> 50:47.780] The plaintiff files an action,
[50:47.780 --> 50:53.780] the defendant files a response and tells what's wrong with the original action,
[50:53.780 --> 50:57.780] and then the plaintiff can look at their response and say,
[50:57.780 --> 51:04.780] oh, you're full of horse manure or your objection is well taken,
[51:04.780 --> 51:08.780] and then correct the errors that they see,
[51:08.780 --> 51:10.780] come back with an amended pleading.
[51:10.780 --> 51:13.780] It's because they want,
[51:13.780 --> 51:21.780] the courts want to find a genuine just adjudication for both parties.
[51:21.780 --> 51:26.780] So here for you, it's working exactly the way it's supposed to.
[51:26.780 --> 51:33.780] And being pro se, you get their lawyers to give you all the case law they're going to rely on,
[51:33.780 --> 51:37.780] and then you get to rewrite your pleading right in line with all of their complaints.
[51:37.780 --> 51:40.780] This is perfect.
[51:40.780 --> 51:42.780] Okay.
[51:42.780 --> 51:45.780] Okay, what did you have for us tonight?
[51:45.780 --> 51:54.780] Tonight, on the issue of where I came a few minutes late,
[51:54.780 --> 51:57.780] and the judge put out a case for me.
[51:57.780 --> 51:59.780] I got a copy of that case.
[51:59.780 --> 52:04.780] And he was asking me about those special wording or phrases,
[52:04.780 --> 52:10.780] and it says, to any law officer of said county,
[52:10.780 --> 52:21.780] you are commanded to take the body of Marseille Olivier if to be found in your county,
[52:21.780 --> 52:25.780] and keep him or her foot safely,
[52:25.780 --> 52:36.780] so that you have him or her before the judge of Montgomery County Circuit,
[52:36.780 --> 52:42.780] Montgomery County Circuit for the County of Montgomery,
[52:42.780 --> 52:49.780] at the courthouse in the town of Clarksville, in Stanger.
[52:49.780 --> 52:54.780] In Stanger, means instantly.
[52:54.780 --> 53:01.780] Now, where were you arrested at?
[53:01.780 --> 53:04.780] In the courthouse.
[53:04.780 --> 53:08.780] The one named in the complaint or in the warrant?
[53:08.780 --> 53:09.780] Yeah.
[53:09.780 --> 53:13.780] Did they take you directly to this magistrate or this judge?
[53:13.780 --> 53:15.780] No.
[53:15.780 --> 53:19.780] They took you somewhere else.
[53:19.780 --> 53:24.780] They violated the order on the warrant.
[53:24.780 --> 53:31.780] When they violated the order on the warrant, they became trespassers ab initio,
[53:31.780 --> 53:38.780] and all their actions are defeated.
[53:38.780 --> 53:46.780] And that is a great one because you came to the courthouse and the judge,
[53:46.780 --> 53:50.780] because you were late, had you arrested.
[53:50.780 --> 53:53.780] Technically, all they could do is bring you before the judge,
[53:53.780 --> 53:57.780] and that's where you were going anyway.
[53:57.780 --> 54:09.780] So the arrest was an act of deliberate punishment by the judge.
[54:09.780 --> 54:19.780] So you should charge the judge with official oppression.
[54:19.780 --> 54:22.780] So charge the judge with official oppression?
[54:22.780 --> 54:24.780] Yeah.
[54:24.780 --> 54:30.780] You can't assume that those officers were told by the judge,
[54:30.780 --> 54:37.780] go arrest this person and bring him before me, and then they took him somewhere else.
[54:37.780 --> 54:43.780] You have to assume that the officers did exactly what the judge told them to do.
[54:43.780 --> 54:50.780] Arrest you and take you to jail to punish you for being late to this court.
[54:50.780 --> 54:56.780] Your argument is they could have given you a tardy slip.
[54:56.780 --> 55:00.780] A tardy slip?
[55:00.780 --> 55:03.780] Or even a hall pass.
[55:03.780 --> 55:07.780] But to take you and throw you in jail and hold you in jail,
[55:07.780 --> 55:16.780] to take you from the place they were required by the warrant to bring you and go put you in jail,
[55:16.780 --> 55:19.780] that's false inquisiment straight up.
[55:19.780 --> 55:28.780] And what you may do by this action is change the way the law is enforced in Tennessee.
[55:28.780 --> 55:31.780] But this is a standard practice.
[55:31.780 --> 55:38.780] So if you sue the judge for punishing you without adequate adjudication of the claim,
[55:38.780 --> 55:41.780] then you might get the law changed.
[55:41.780 --> 55:44.780] You're not the law, the law is already what it is.
[55:44.780 --> 55:49.780] You might get the practice changed because they're not going to want to be sued for this.
[55:49.780 --> 55:51.780] I can't sue the city for this?
[55:51.780 --> 55:55.780] You sued the judge.
[55:55.780 --> 55:59.780] Does the judge have enough money for me to come get?
[55:59.780 --> 56:06.780] He's got a, what do you call it, a bond, an insurance policy.
[56:06.780 --> 56:10.780] Okay, so I'm suing the judge but in their official capacity.
[56:10.780 --> 56:12.780] No.
[56:12.780 --> 56:14.780] What?
[56:14.780 --> 56:19.780] You claim he act, by having you arrested and taken to jail,
[56:19.780 --> 56:24.780] instead of brought before his court, that he acted outside of scope.
[56:24.780 --> 56:26.780] Well, isn't that the officer's fault?
[56:26.780 --> 56:29.780] Because the judge is going to say that she...
[56:29.780 --> 56:30.780] No, no, no, no.
[56:30.780 --> 56:35.780] Let him throw the officers under the bus if he wants to.
[56:35.780 --> 56:42.780] But you claim he ordered the officers to do what they did.
[56:42.780 --> 56:47.780] If this was his action, then let him say, oh, no, no, no.
[56:47.780 --> 56:51.780] I didn't tell the officers to take him to jail.
[56:51.780 --> 57:01.780] Well, then the officers defied an order of the court, so he throws the officers under the bus.
[57:01.780 --> 57:06.780] Make it hot for all of them.
[57:06.780 --> 57:08.780] I got so much stuff going on.
[57:08.780 --> 57:12.780] I want to do exactly what's going to get me paid.
[57:12.780 --> 57:17.780] Well, this is most likely what's going to get you paid,
[57:17.780 --> 57:22.780] is you make it ugly enough and you follow it with criminal complaints,
[57:22.780 --> 57:28.780] give them something to bargain with.
[57:28.780 --> 57:36.780] We'll make you a deal if you'll drop your criminal complaints and drop this lawsuit.
[57:36.780 --> 57:39.780] We'll sign this check, and then you go home.
[57:39.780 --> 57:41.780] You have to make it hot for them,
[57:41.780 --> 57:48.780] give them a reason to want your lawsuit to go away.
[57:48.780 --> 57:51.780] And I'll be filing in a circuit court on this,
[57:51.780 --> 57:54.780] but what are the parameters of this lawsuit?
[57:54.780 --> 57:57.780] What are the parameters that go with recursion?
[57:57.780 --> 58:07.780] This is, you look up scope, acting outside of scope.
[58:07.780 --> 58:14.780] That's the claim you'll make, that this is not within the scope of the authority of the judge.
[58:14.780 --> 58:18.780] If he acts outside of scope, he acts on his own and has no immunity.
[58:18.780 --> 58:24.780] And you'll find case law on scope.
[58:24.780 --> 58:27.780] I got one more case.
[58:27.780 --> 58:30.780] Okay, hang on, go into break.
[58:30.780 --> 58:36.780] Randy Kelton, we will radio our call in number 512-646-1984.
[58:36.780 --> 58:49.780] We'll be right back.
[58:49.780 --> 58:54.780] Would you like to make more definite progress in your walk with God?
[58:54.780 --> 59:00.780] Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
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[59:12.780 --> 59:17.780] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.780 --> 59:23.780] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:23.780 --> 59:27.780] growing in Christ, and how to build up the church.
[59:27.780 --> 59:32.780] To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:32.780 --> 59:39.780] call Bibles for America toll free at 888-551-0102.
[59:39.780 --> 59:44.780] That's 888-551-0102.
[59:44.780 --> 59:51.780] Or visit us online at bfa.org.
[59:51.780 --> 59:59.780] You're listening to the Logos Radio Network at logosradionetwork.com.
[59:59.780 --> 01:00:04.780] The following newsflash is brought to you by the Lone Star Lowdown,
[01:00:04.780 --> 01:00:09.780] providing the jelly bulletins for the commodities market, Today in History,
[01:00:09.780 --> 01:00:19.780] news updates, and the inside scoop into the tides of the alternative.
[01:00:19.780 --> 01:00:26.780] Markets for Friday, the 4th of November, 2016, are currently trading with gold at $1,304.10 an ounce,
[01:00:26.780 --> 01:00:31.780] silver at $18.41 an ounce, Texas crude at $44.66 a barrel,
[01:00:31.780 --> 01:00:40.780] and Bitcoin is currently sitting at about $697 U.S. currency.
[01:00:40.780 --> 01:00:47.780] Today in history, the year 1952, the United States government establishes the National Security Agency, or NSA,
[01:00:47.780 --> 01:00:51.780] an intelligence organization of the United States government responsible for global monitoring,
[01:00:51.780 --> 01:00:56.780] collection, and processing of information and data for foreign intelligence and counterintelligence purposes.
[01:00:56.780 --> 01:01:02.780] The NSA was established today in history.
[01:01:02.780 --> 01:01:09.780] In recent news, WikiLeaks just dumped part 30 of Hillary Clinton's campaign manager John Podesta's hacked emails,
[01:01:09.780 --> 01:01:12.780] bringing the total thus far to over 47,000.
[01:01:12.780 --> 01:01:16.780] Julian Assange, who still is essentially on house arrest at the Ecuadorian embassy in London,
[01:01:16.780 --> 01:01:21.780] gave an interview with Russia Today where he claims that the outcome of next Tuesday's presidential election
[01:01:21.780 --> 01:01:25.780] between Donald Trump and Hillary Clinton has already been decided, saying,
[01:01:25.780 --> 01:01:30.780] quote, because he has had every establishment off his side, Trump does not have one establishment,
[01:01:30.780 --> 01:01:34.780] maybe with the exception of the evangelicals, if you can call them an establishment.
[01:01:34.780 --> 01:01:41.780] Banks, intelligence, arms companies, foreign money, etc. are all united behind Hillary Clinton and the media as well,
[01:01:41.780 --> 01:01:43.780] media owners and the journalists themselves.
[01:01:43.780 --> 01:01:50.780] This is days after political activists discovered a hidden website for WRCB, an NBC affiliate out of Chattanooga,
[01:01:50.780 --> 01:01:57.780] Tennessee, showing election results with Hillary Clinton securing 343 electoral votes and 42 percent of the popular vote.
[01:01:57.780 --> 01:02:01.780] Hillary, her campaign and the media are accusing Russia for the hacking of tens of thousands of emails
[01:02:01.780 --> 01:02:03.780] that WikiLeaks has dumped out in the past weeks.
[01:02:03.780 --> 01:02:07.780] However, Julian Assange has vehemently denied any involvement from the Kremlin.
[01:02:07.780 --> 01:02:12.780] A majority of Hillary's hacked emails that have been released via WikiLeaks since March of 2016
[01:02:12.780 --> 01:02:20.780] can be searched through at WikiLeaks.org forward slash Clinton dash emails.
[01:02:20.780 --> 01:02:25.780] CBS News reported earlier today that U.S. intelligence agencies have alerted joint terrorism task forces
[01:02:25.780 --> 01:02:31.780] that al Qaeda could potentially be planning terrorist attacks in New York, Texas and Virginia for Monday,
[01:02:31.780 --> 01:02:34.780] the day before the election, though no specific cities and landmarks are mentioned.
[01:02:34.780 --> 01:02:38.780] Counterterrorism spokespersons have stated that as the election day nears,
[01:02:38.780 --> 01:02:41.780] federal law enforcement is planning for several worst case scenarios.
[01:02:41.780 --> 01:02:47.780] While earlier this week, an alert warned local police of polling places being seen as attractive targets
[01:02:47.780 --> 01:02:53.780] for lone wolf type of attacks by individuals motivated by violent extremist ideologies, such as sovereign citizens.
[01:02:53.780 --> 01:03:12.780] This is Rick Brody with your Lowdown for November 4th, 2016.
[01:03:23.780 --> 01:03:32.780] I will hide my father's house until he returns.
[01:03:32.780 --> 01:03:43.780] He has to be with the strength and wisdom of aid and concern.
[01:03:43.780 --> 01:03:54.780] I will hide my father's house until I see his face.
[01:03:54.780 --> 01:04:08.780] I will guard these walls, expect that he comes to take his place.
[01:04:08.780 --> 01:04:16.780] We are back, Randy Kelton, the Wheel of Law Radio, and I'm talking to Olivier in Tennessee.
[01:04:16.780 --> 01:04:19.780] Okay, where were we, Olivier?
[01:04:19.780 --> 01:04:24.780] All right, we just finished one topic, now I'll start another.
[01:04:24.780 --> 01:04:35.780] The hippiest court for this stuff, I was in circuit court, and they denied it, saying that I was not restrained from my liberty.
[01:04:35.780 --> 01:04:42.780] Now, you were speaking to me about appeal, how appeal worked yesterday in the circuit side.
[01:04:42.780 --> 01:04:48.780] Does it work in the same manner on the criminal side?
[01:04:48.780 --> 01:04:54.780] No, yeah, well, essentially, yes, but this is a habeas.
[01:04:54.780 --> 01:04:59.780] You might want to do research on appealing habeas.
[01:04:59.780 --> 01:05:02.780] That's got to be different.
[01:05:02.780 --> 01:05:10.780] The point of a habeas, it's the great writ, the habeas stands before everything.
[01:05:10.780 --> 01:05:16.780] This judge improperly denied the habeas.
[01:05:16.780 --> 01:05:25.780] So the point of the habeas is when someone is restricted at their liberty, everything stops, and you hear that habeas first.
[01:05:25.780 --> 01:05:40.780] If the judge can just deny it improperly and you have to go through an appeal process that takes 90 to 120 days, it makes the habeas worthless.
[01:05:40.780 --> 01:05:54.780] So in order to enforce the legislative intent of the habeas, there has to be an expedited appeal process.
[01:05:54.780 --> 01:05:55.780] There has to be.
[01:05:55.780 --> 01:06:03.780] So check Tennessee law for appeal of habeas.
[01:06:03.780 --> 01:06:10.780] Thank you.
[01:06:10.780 --> 01:06:15.780] So does that mean that the case continues?
[01:06:15.780 --> 01:06:17.780] Does the pocket continue to run?
[01:06:17.780 --> 01:06:36.780] Well, one of the things, if you do have to appeal habeas, you would certainly want to move the court for a restraining order to prevent the local court from moving ahead.
[01:06:36.780 --> 01:06:41.780] Or there's another option.
[01:06:41.780 --> 01:07:02.780] Since the court is denying you in due process, you may be able, even though you're the plaintiff, to either remove it to the federal court or non-suit this case and refile in the federal court.
[01:07:02.780 --> 01:07:04.780] Non-suit?
[01:07:04.780 --> 01:07:05.780] Yeah.
[01:07:05.780 --> 01:07:07.780] Non-suit habeas court?
[01:07:07.780 --> 01:07:19.780] No, no, if you have to appeal to keep them from moving ahead, then you non-suit the state court and file it in the Fed.
[01:07:19.780 --> 01:07:20.780] Okay, let me see.
[01:07:20.780 --> 01:07:25.780] Okay, I'm looking at the habeas corpus appeals and the habeas corpus.
[01:07:25.780 --> 01:07:31.780] What's the difference between a writ and an appeal?
[01:07:31.780 --> 01:07:41.780] This doesn't take a little digging to find out how to challenge a denial on a habeas, but that should be expedited.
[01:07:41.780 --> 01:07:43.780] I filed a notice of appeal.
[01:07:43.780 --> 01:07:56.780] Shouldn't they, shouldn't everything be enforced on the clerk's side after I filed a notice of appeal?
[01:07:56.780 --> 01:08:01.780] Now, wait a minute, didn't you rescind that notice of appeal?
[01:08:01.780 --> 01:08:03.780] No, no, no, I'm sorry.
[01:08:03.780 --> 01:08:05.780] See, I got a lot of cases going on.
[01:08:05.780 --> 01:08:07.780] You're making up my cases.
[01:08:07.780 --> 01:08:15.780] Okay, so you have a notice of appeal, everything in the trial court stops.
[01:08:15.780 --> 01:08:22.780] When you file a notice of appeal, the trial court loses plenary jurisdiction.
[01:08:22.780 --> 01:08:23.780] They can do nothing.
[01:08:23.780 --> 01:08:31.780] Jurisdiction moves to the court of appeals.
[01:08:31.780 --> 01:08:34.780] So they cannot move ahead.
[01:08:34.780 --> 01:08:36.780] Okay, so I've been thinking about you.
[01:08:36.780 --> 01:08:39.780] I heard you talk about bushwhacking people all the time and stuff, right?
[01:08:39.780 --> 01:08:42.780] So is that a good setup?
[01:08:42.780 --> 01:08:47.780] You get locked up, okay, whatever.
[01:08:47.780 --> 01:08:49.780] You go to the general sessions.
[01:08:49.780 --> 01:08:52.780] You don't take no preliminary hearings.
[01:08:52.780 --> 01:08:55.780] You waive it straight to the grand jury.
[01:08:55.780 --> 01:09:03.780] Or isn't it correct that you could file a habeas corpus in the circuit court without the case being in circuit court?
[01:09:03.780 --> 01:09:04.780] Oh, yeah.
[01:09:04.780 --> 01:09:08.780] You can file a habeas with any judge.
[01:09:08.780 --> 01:09:09.780] Okay, so good.
[01:09:09.780 --> 01:09:10.780] So file it with circuit court.
[01:09:10.780 --> 01:09:15.780] So that way, because if you file it in general session, you have to appeal it to the circuit.
[01:09:15.780 --> 01:09:19.780] But you already know the circuit court is not the game that you want to play.
[01:09:19.780 --> 01:09:24.780] So I would file it in the, I mean, the general session court is not the game you want to play.
[01:09:24.780 --> 01:09:26.780] So I would file it in the circuit court.
[01:09:26.780 --> 01:09:39.780] So when they deny it, you automatically, when you appeal it, now it goes to the appeal court who, like you said, is not...
[01:09:39.780 --> 01:09:40.780] Wait a minute.
[01:09:40.780 --> 01:09:43.780] It doesn't matter what court you file it in.
[01:09:43.780 --> 01:09:56.780] Well, as long as it's not an inferior court, JP or municipal, if it's a county, anything where the judge is an elected judge,
[01:09:56.780 --> 01:10:04.780] county, district, then an appeal from any of those courts will go to the court of appeals.
[01:10:04.780 --> 01:10:05.780] Yes.
[01:10:05.780 --> 01:10:12.780] Okay, so it's not like some people misunderstand and think you appeal a county court to a district court.
[01:10:12.780 --> 01:10:14.780] No, that don't work that way.
[01:10:14.780 --> 01:10:18.780] You appeal a traffic court to a county court, but that's the only one.
[01:10:18.780 --> 01:10:20.780] Everything else goes to the court of appeals.
[01:10:20.780 --> 01:10:22.780] And that wasn't so much for you, Olivier.
[01:10:22.780 --> 01:10:26.780] That's for everybody else who's listening so they understand the process.
[01:10:26.780 --> 01:10:27.780] Okay, got you.
[01:10:27.780 --> 01:10:35.780] So now I skip that process by going to the circuit court and filing in there.
[01:10:35.780 --> 01:10:37.780] They deny it.
[01:10:37.780 --> 01:10:38.780] I mean, you appeal it.
[01:10:38.780 --> 01:10:40.780] So that means everything stops.
[01:10:40.780 --> 01:10:47.780] That means you get to continue living your life and going to other things, preparing your lawsuit,
[01:10:47.780 --> 01:10:54.780] because you already figured that they had no authority to stop you or arrest you for misdemeanor and all that good stuff.
[01:10:54.780 --> 01:11:05.780] And I'm suspecting, because you were saying something about the law is fair.
[01:11:05.780 --> 01:11:10.780] The law is not fair. It's consistent.
[01:11:10.780 --> 01:11:12.780] It's consistent.
[01:11:12.780 --> 01:11:24.780] Statutes are constructed to create a fair outcome, but it is the place of the judge to rule consistently on the law.
[01:11:24.780 --> 01:11:27.780] So the judge has to follow law.
[01:11:27.780 --> 01:11:33.780] It doesn't matter what he thinks is right or wrong or fair or unfair.
[01:11:33.780 --> 01:11:40.780] He has to rule on the application of law.
[01:11:40.780 --> 01:11:43.780] If he doesn't, you get to hammering.
[01:11:43.780 --> 01:11:47.780] And when it goes to the Court of Appeals, that's all they look at.
[01:11:47.780 --> 01:11:52.780] They only care about the facts and the law.
[01:11:52.780 --> 01:11:56.780] Okay, looks like Olivier dropped and we got him back.
[01:11:56.780 --> 01:11:58.780] Okay, you back up, Olivier?
[01:11:58.780 --> 01:11:59.780] Yes.
[01:11:59.780 --> 01:12:00.780] All right.
[01:12:00.780 --> 01:12:03.780] So, okay, I'm agreeing with you.
[01:12:03.780 --> 01:12:10.780] So now, with that in mind, when you write your habeas corpus, you already know if you want it or not.
[01:12:10.780 --> 01:12:13.780] It's consistent.
[01:12:13.780 --> 01:12:22.780] So you write it and wouldn't that be a better avenue instead of going into the courts and fighting with the judges every day and all this good stuff?
[01:12:22.780 --> 01:12:33.780] You're filing your habeas correctly and then once they deny it, appeal it, now you take everything out of that jurisdiction and go to where you want to be.
[01:12:33.780 --> 01:12:37.780] Well, you can't.
[01:12:37.780 --> 01:12:45.780] The habeas only goes to the due process issues and that will get the cases against you dropped.
[01:12:45.780 --> 01:12:48.780] Okay, I see where you're going now.
[01:12:48.780 --> 01:12:56.780] You're talking about cases where they file criminal actions against you, not where you sued.
[01:12:56.780 --> 01:12:57.780] No, no, no, no.
[01:12:57.780 --> 01:12:58.780] Yeah, yeah.
[01:12:58.780 --> 01:13:03.780] Like a driver's license over here, they take a jail for a driver's license.
[01:13:03.780 --> 01:13:09.780] The first offense, second offense, and all reoccurring offense are misdemeanors.
[01:13:09.780 --> 01:13:13.780] So how did you take that jail for a misdemeanor?
[01:13:13.780 --> 01:13:15.780] Well, okay.
[01:13:15.780 --> 01:13:24.780] You mean, okay, in Texas, driving without a valid driver's license is a class B misdemeanor carried six months in jail.
[01:13:24.780 --> 01:13:27.780] How does it work in Tennessee?
[01:13:27.780 --> 01:13:34.780] In Tennessee, they are not allowed to take you to jail for misdemeanor.
[01:13:34.780 --> 01:13:40.780] They have to have a warrant to arrest you for misdemeanor.
[01:13:40.780 --> 01:13:44.780] Unless it's on site.
[01:13:44.780 --> 01:13:49.780] If it's on site, and no, on site, it has to be a felony.
[01:13:49.780 --> 01:13:52.780] They cannot arrest you for a misdemeanor.
[01:13:52.780 --> 01:13:56.780] A misdemeanor here in Tennessee, you cannot be arrested.
[01:13:56.780 --> 01:14:02.780] You cannot do time or pay fine before you are convicted.
[01:14:02.780 --> 01:14:10.780] Okay, that is dramatically different from every other state.
[01:14:10.780 --> 01:14:16.780] And somehow it doesn't fit.
[01:14:16.780 --> 01:14:29.780] I hope you haven't misread something, because if a police officer sees you, say, knock another guy upside the head,
[01:14:29.780 --> 01:14:34.780] but you just, it just bloodies his nose and knock a couple teeth out.
[01:14:34.780 --> 01:14:38.780] And it's a misdemeanor offense.
[01:14:38.780 --> 01:14:42.780] You'll be able to arrest you in every state in the union.
[01:14:42.780 --> 01:14:47.780] So you're saying in Tennessee, he couldn't arrest you?
[01:14:47.780 --> 01:14:49.780] No.
[01:14:49.780 --> 01:14:51.780] I need the warrantless arrest.
[01:14:51.780 --> 01:14:54.780] It says the opposite.
[01:14:54.780 --> 01:14:55.780] Okay, hold on.
[01:14:55.780 --> 01:15:02.780] Now we're talking about warrantless arrests, and that's where I thought you were going because of what you said.
[01:15:02.780 --> 01:15:09.780] And here's what warrantless arrest reads in every state I've ever seen.
[01:15:09.780 --> 01:15:18.780] You can arrest someone on any offense that is on site, felony or misdemeanor.
[01:15:18.780 --> 01:15:21.780] If they see you committed, they can arrest.
[01:15:21.780 --> 01:15:30.780] If they don't see you committed, if it's a felony and they have reason to believe that you may escape,
[01:15:30.780 --> 01:15:38.780] even though they didn't see the felony committed, say they hear a gunshot and they see you walk around the corner,
[01:15:38.780 --> 01:15:44.780] they go look back around the corner and a guy's laying dead in the street and you're walking away.
[01:15:44.780 --> 01:15:56.780] Well, he didn't see you commit the offense, but he can arrest you because the offense he perceives is a felony and you may escape.
[01:15:56.780 --> 01:16:10.780] Now, if he looks around the corner and sees a guy laying on the ground and he looks at you and your knuckles are scared and his mouth is bleeding, that's a misdemeanor.
[01:16:10.780 --> 01:16:15.780] He can be sure you did it, but he can't arrest you for it.
[01:16:15.780 --> 01:16:21.780] Now he has to go get a warrant first because he didn't see you do it.
[01:16:21.780 --> 01:16:24.780] Does that make sense?
[01:16:24.780 --> 01:16:25.780] Yes.
[01:16:25.780 --> 01:16:31.780] Check your code and make sure that's the way it is in every state I've ever looked at.
[01:16:31.780 --> 01:16:43.780] I just looked at Florida today and that's exactly how it is in Florida, Texas, California, Pennsylvania, New York, North Carolina.
[01:16:43.780 --> 01:16:46.780] Don't remember all, but they're all the same.
[01:16:46.780 --> 01:16:51.780] So that's probably how it is in Tennessee as it could be.
[01:16:51.780 --> 01:16:53.780] Can I read it too when we come back?
[01:16:53.780 --> 01:16:59.780] Hang on. So when we come back from break, we'll be right back.
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[01:19:24.780 --> 01:19:29.780] Okay, we are back.
[01:19:29.780 --> 01:19:31.780] Randy Kalkin, the leader of our radio.
[01:19:31.780 --> 01:19:33.780] We're talking to Olivier in Tennessee.
[01:19:33.780 --> 01:19:35.780] Okay, read the statuary, Olivier.
[01:19:35.780 --> 01:19:38.780] My computer is acting up.
[01:19:38.780 --> 01:19:41.780] I can't get this low right now.
[01:19:41.780 --> 01:19:44.780] Okay.
[01:19:44.780 --> 01:19:46.780] Right.
[01:19:46.780 --> 01:19:48.780] Okay.
[01:19:48.780 --> 01:19:54.780] Let me outline it on the Internet.
[01:19:54.780 --> 01:19:57.780] Arrest.
[01:19:57.780 --> 01:19:59.780] It's PCA Code 1.
[01:19:59.780 --> 01:20:02.780] Let's arrest.
[01:20:02.780 --> 01:20:03.780] Okay.
[01:20:03.780 --> 01:20:07.780] Tennessee Police without a warrant.
[01:20:07.780 --> 01:20:09.780] Okay.
[01:20:09.780 --> 01:20:13.780] Tennessee 40-7-103.
[01:20:13.780 --> 01:20:24.780] An officer may, without a warrant, arrest a person for a public offense committed or a breach of the peace threatened in the officer's presence.
[01:20:24.780 --> 01:20:29.780] The person has committed a felony, though not in the officer's presence.
[01:20:29.780 --> 01:20:39.780] But a felony has, in fact, been committed and the officer has reasonable cause for believing the person arrested has committed the felony.
[01:20:39.780 --> 01:20:50.780] On a charge made upon reasonable cause of the commission of a felony by the person arrested, who is attempting to commit suicide,
[01:20:50.780 --> 01:20:56.780] at the scene of a traffic accident, who is the driver of a vehicle involved in an accident,
[01:20:56.780 --> 01:21:06.780] when, based on personal investigation, the officer has probable cause to believe that the person has committed an offense under the provisions of Title 55, Chapter 8 and 10.
[01:21:06.780 --> 01:21:09.780] Okay.
[01:21:09.780 --> 01:21:13.780] There's a few others, but essentially this goes to the same thing.
[01:21:13.780 --> 01:21:14.780] Right.
[01:21:14.780 --> 01:21:21.780] That gives them authority over misdemeanors, but that's after a traffic accident has happened.
[01:21:21.780 --> 01:21:31.780] That's the only thing in this whole chapter or this section of this law that is referring to a misdemeanor which they have authority to do it.
[01:21:31.780 --> 01:21:42.780] An officer may, without a warrant, arrest a person for a public offense committed or a breach of the peace threatened in the officer's presence.
[01:21:42.780 --> 01:21:44.780] And each one of those are...
[01:21:44.780 --> 01:21:50.780] What is a public offense in Tennessee law?
[01:21:50.780 --> 01:21:55.780] That's when I went and checked it all over with felony.
[01:21:55.780 --> 01:22:03.780] Now it doesn't fit right because the next sentence says, when the person has committed a felony.
[01:22:03.780 --> 01:22:09.780] So if public offense means felony, that would make this statute redundant.
[01:22:09.780 --> 01:22:11.780] Somehow I doubt that's the case.
[01:22:11.780 --> 01:22:18.780] So not in the presence of the officers, not in the officer's presence.
[01:22:18.780 --> 01:22:28.780] Because when you go look at the public offense in the Tennessee Code, all those punishments are felonies.
[01:22:28.780 --> 01:22:30.780] All those sanctions are felonies.
[01:22:30.780 --> 01:22:34.780] They're a felony.
[01:22:34.780 --> 01:22:36.780] And that's a breach of the peace.
[01:22:36.780 --> 01:22:47.780] I guess that's somebody calling and said that the officers saw you do something, which they know that's a breach of the peace.
[01:22:47.780 --> 01:22:50.780] That's commonly known.
[01:22:50.780 --> 01:22:55.780] Or they could arrest you when somebody else says that, hey, this guy committed a felony against me.
[01:22:55.780 --> 01:23:01.780] Now they have authority to go through it because they have someone complaining.
[01:23:01.780 --> 01:23:04.780] That's what I've been researching.
[01:23:04.780 --> 01:23:05.780] That's what I found out.
[01:23:05.780 --> 01:23:07.780] They have someone complaining of a felony.
[01:23:07.780 --> 01:23:15.780] So now they have authority to go apprehend you even though they did not see it with their own eyes.
[01:23:15.780 --> 01:23:23.780] But any offense they actually see, they can arrest for.
[01:23:23.780 --> 01:23:28.780] It's a public offense because it happened in the public.
[01:23:28.780 --> 01:23:30.780] It's a public offense.
[01:23:30.780 --> 01:23:36.780] We need a definition for public offense, and I'm not finding one.
[01:23:36.780 --> 01:23:42.780] I did a search for Tennessee definition of public offense.
[01:23:42.780 --> 01:23:44.780] No, it's not a definition.
[01:23:44.780 --> 01:23:47.780] It's another statutory chapter.
[01:23:47.780 --> 01:23:56.780] If you click on it, it opens up into statutory laws, and it gives you numbers.
[01:23:56.780 --> 01:24:00.780] So it's a category, public offenses.
[01:24:00.780 --> 01:24:09.780] It's an actual category, and everything up underneath the public defense has a sanction, a felony, class A, whatever.
[01:24:09.780 --> 01:24:16.780] Okay, I just did a search for Tennessee public offense, and I'm not getting any hit directly on public offense.
[01:24:16.780 --> 01:24:23.780] My first hit was grounds for arrest by officer without warrant.
[01:24:23.780 --> 01:24:25.780] Put TCA code.
[01:24:25.780 --> 01:24:26.780] It's TCA code.
[01:24:26.780 --> 01:24:34.780] Tennessee code annotated, public offense chapter.
[01:24:34.780 --> 01:24:36.780] Okay, I'll try that one.
[01:24:36.780 --> 01:24:46.780] We need, in order to get that right, we have to have a definition of the term.
[01:24:46.780 --> 01:24:48.780] I've got criminal offenses.
[01:24:48.780 --> 01:24:53.780] I did not get a hit on public offense chapter.
[01:24:53.780 --> 01:24:59.780] I've got public intoxication, criminal offenses, Tennessee.
[01:24:59.780 --> 01:25:03.780] I don't have anything here that says public offense.
[01:25:03.780 --> 01:25:05.780] Okay.
[01:25:05.780 --> 01:25:13.780] You need to figure out what that actually means in Tennessee law, because it doesn't appear to be adequately defined.
[01:25:13.780 --> 01:25:15.780] I am sure when you find it.
[01:25:15.780 --> 01:25:24.780] I think it's underneath the criminal, you know, like one of those criminal, the common law thing, criminal procedure.
[01:25:24.780 --> 01:25:30.780] All penal statutes are considered common law statutes.
[01:25:30.780 --> 01:25:32.780] I think it's in the penal statutes.
[01:25:32.780 --> 01:25:35.780] I had to open up an area.
[01:25:35.780 --> 01:25:39.780] Well, let me go look for it, find it, and I'll call back and see.
[01:25:39.780 --> 01:25:40.780] Okay, that'll work.
[01:25:40.780 --> 01:25:43.780] I was going to suggest that because we've got some other callers.
[01:25:43.780 --> 01:25:46.780] Yeah, look it up and then call us back.
[01:25:46.780 --> 01:25:47.780] All right.
[01:25:47.780 --> 01:25:49.780] Okay, thank you.
[01:25:49.780 --> 01:25:55.780] Okay, now we're going to go to Paula in Minnesota.
[01:25:55.780 --> 01:25:56.780] Hi.
[01:25:56.780 --> 01:25:57.780] Howdy.
[01:25:57.780 --> 01:26:00.780] It's been me.
[01:26:00.780 --> 01:26:10.780] Okay, so anyway, I have quite a lot of stuff that's been happening over the past, oh gosh, 12, 10, 12 years.
[01:26:10.780 --> 01:26:25.780] I've been to Maine Supreme Court twice, didn't win, had a medical malpractice case, which I discovered the rules are totally screwed against the plaintiffs.
[01:26:25.780 --> 01:26:28.780] No matter how you do it, you just can't win.
[01:26:28.780 --> 01:26:40.780] Anyway, this certain judge just dismissed a whistleblower case I had against an employer saying that I filed it too late.
[01:26:40.780 --> 01:26:54.780] Now, I got to listen to the audio transcript while the CD that the court just sent me to see if the judge that had been presiding over my case had actually,
[01:26:54.780 --> 01:27:06.780] I recall, given me or allotted me an additional, you know, the additional time because I had told him that I was at seasonal work doing potato harvest.
[01:27:06.780 --> 01:27:12.780] So he had said, well, I'll allow you to proceed on that claim, on the whistleblower claim.
[01:27:12.780 --> 01:27:21.780] But he dismissed some other claims I had that was intentional infliction of emotional distress.
[01:27:21.780 --> 01:27:22.780] Okay, hold on.
[01:27:22.780 --> 01:27:27.780] How did he dismiss it? Did he dismiss with prejudice?
[01:27:27.780 --> 01:27:30.780] He didn't say he just said dismiss.
[01:27:30.780 --> 01:27:34.780] If he didn't say with prejudice, then it was without prejudice.
[01:27:34.780 --> 01:27:44.780] And part of the problem you may be having is understanding what the judge is actually doing.
[01:27:44.780 --> 01:27:56.780] Harmon Taylor, he's an ex-lawyer, he gave up his bar card, but he always presumed that the judge was teaching.
[01:27:56.780 --> 01:28:03.780] So the judge dismissed your claim, but he didn't dismiss it with prejudice.
[01:28:03.780 --> 01:28:09.780] If you'll look at his order, he probably says, this is why I'm dismissing the claim.
[01:28:09.780 --> 01:28:11.780] This is what's wrong with it.
[01:28:11.780 --> 01:28:13.780] Yes, he did say that.
[01:28:13.780 --> 01:28:15.780] So look at that real careful.
[01:28:15.780 --> 01:28:23.780] And then you file an amended pleading correcting the errors that the judge pointed out
[01:28:23.780 --> 01:28:27.780] because he's really telling you how to fix your case.
[01:28:27.780 --> 01:28:30.780] He's not throwing out your issues.
[01:28:30.780 --> 01:28:32.780] I was not perfect.
[01:28:32.780 --> 01:28:41.780] And that judge anyway, I think he was just being nice because I've already filed a complaint against him.
[01:28:41.780 --> 01:28:47.780] He imprisoned me in the law library of the courthouse for trying to assist my husband,
[01:28:47.780 --> 01:28:53.780] who had never been arrested for the alleged felony crime he had committed,
[01:28:53.780 --> 01:29:01.780] which was possession of firearms without a, no, after being a felon.
[01:29:01.780 --> 01:29:03.780] Wait a minute, wait a minute.
[01:29:03.780 --> 01:29:05.780] I'm confused here.
[01:29:05.780 --> 01:29:07.780] You're jumping over stuff.
[01:29:07.780 --> 01:29:11.780] The judge imprisoned you in the library?
[01:29:11.780 --> 01:29:16.780] Yes, because during the first appearance, which I didn't want my husband to show up at,
[01:29:16.780 --> 01:29:23.780] I said, why don't you wait outside and I'll go in and explain that you never were arrested.
[01:29:23.780 --> 01:29:27.780] They came to our house and confiscated all of our guns because...
[01:29:27.780 --> 01:29:28.780] Wait a minute, wait a minute.
[01:29:28.780 --> 01:29:32.780] Don't go, stay on this issue so I can get this issue down.
[01:29:32.780 --> 01:29:39.780] Why did he have you arrested in the library?
[01:29:39.780 --> 01:29:44.780] Because I asked if I could help my husband because he had...
[01:29:44.780 --> 01:29:46.780] Hold on, wait a minute, wait a minute.
[01:29:46.780 --> 01:29:48.780] Okay, we're about to go to break.
[01:29:48.780 --> 01:29:50.780] We'll pick this up on the other side, Randy Kelton.
[01:29:50.780 --> 01:29:51.780] Okay.
[01:29:51.780 --> 01:29:52.780] We'll move our radio.
[01:29:52.780 --> 01:29:54.780] We'll be right back.
[01:29:54.780 --> 01:29:56.780] We'll be right back.
[01:30:24.780 --> 01:30:28.780] And your freedoms will start to vanish too, so protect your rights.
[01:30:28.780 --> 01:30:32.780] Say no to surveillance and keep your information to yourself.
[01:30:32.780 --> 01:30:34.780] Privacy, it's worth hanging on to.
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[01:31:18.780 --> 01:31:21.780] Maybe it's time for a change of heart.
[01:31:21.780 --> 01:31:30.780] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.780 --> 01:31:35.780] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:33:10.780 --> 01:33:30.780] Okay, we are back. Randy Kelton with the Radio and we're talking to Paula in Minnesota. Okay. You got way too much information,
[01:33:30.780 --> 01:33:42.780] too many places for this to be able to make sense. Who was summoned to court, you or your husband?
[01:33:42.780 --> 01:33:44.780] My husband.
[01:33:44.780 --> 01:33:48.780] Okay. Was your husband in court?
[01:33:48.780 --> 01:33:51.780] Yes.
[01:33:51.780 --> 01:34:00.780] And did they lock you up in the library or did they refuse to let you in the court?
[01:34:00.780 --> 01:34:04.780] Okay. Here's how it went down. I helped my husband.
[01:34:04.780 --> 01:34:16.780] No, I'm going to something very specific. If you are considered a potential witness, they can exclude you from the court.
[01:34:16.780 --> 01:34:25.780] I was not a potential witness. It was his first appearance. He had just applied for the assistance of counsel because he's an indigent.
[01:34:25.780 --> 01:34:32.780] Okay. Well, it's a criminal offense, so you have the right to apply for that.
[01:34:32.780 --> 01:34:40.780] Now, while we were still waiting on the answer, I asked the judge if you're going to hold any type of hearing today,
[01:34:40.780 --> 01:34:50.780] can I assist my husband who has no legal experience? But I did, so the judge said no and told me to sit down.
[01:34:50.780 --> 01:35:00.780] Now, the judge wanted my husband to sign papers, which was bail conditions, even though he hadn't been arrested when they came.
[01:35:00.780 --> 01:35:08.780] They came to get all of our guns, didn't arrest him, didn't show us the warrant for one hour to tell us why they were there.
[01:35:08.780 --> 01:35:10.780] It was because he had firearms.
[01:35:10.780 --> 01:35:19.780] No, don't go into it. Don't prosecute the case here. Give me context on that. Okay. Was he ordered to appear in court?
[01:35:19.780 --> 01:35:28.780] Yes, he was summoned. And when he signed the summons, I had tried to prevent him from doing that. I was on my own property.
[01:35:28.780 --> 01:35:31.780] Okay. Hold on. No, no, no. Don't adjudicate the case here.
[01:35:31.780 --> 01:35:32.780] Okay.
[01:35:32.780 --> 01:35:42.780] He's in court. He's in court on a summons. Had a complaint been filed against him?
[01:35:42.780 --> 01:35:52.780] Well, he had been given a ticket to go to the court for a first appearance. I don't know if the complaint has been filed yet. Probably not.
[01:35:52.780 --> 01:36:02.780] Well, if he's before a magistrate, there will be a complaint that gives the magistrate jurisdiction to even talk to him.
[01:36:02.780 --> 01:36:15.780] The judge can hold him if there's a complaint filed or if they consider him a material witness. So the judge can ask for bail.
[01:36:15.780 --> 01:36:22.780] So the judge is asking for bail and...
[01:36:22.780 --> 01:36:27.780] I said, no, don't sign that. So the judge said, okay, bail. Let's take this woman out of my courtroom.
[01:36:27.780 --> 01:36:29.780] He can do that.
[01:36:29.780 --> 01:36:37.780] He can do that. He has authority to do that. He could have held you in contempt.
[01:36:37.780 --> 01:36:48.780] Okay. So anyway, I actually... This is strange because he was asking my husband to sign papers when my husband had no attorney.
[01:36:48.780 --> 01:36:57.780] Okay. Now listen, I read in the paper about a year later in Maine that there were two lawyers that were reprimanded.
[01:36:57.780 --> 01:37:07.780] One of them, it was because he had asked a woman to sign paperwork when she didn't have her lawyer present.
[01:37:07.780 --> 01:37:15.780] And he was reprimanded for that. Now wouldn't you think the law or the rules would apply to the judge as well?
[01:37:15.780 --> 01:37:20.780] Yes. Did you file a judicial conduct complaint against the judge for that?
[01:37:20.780 --> 01:37:27.780] Yes, I did. And they dismissed it. And then I read about these two lawyers, like I said, about a year later.
[01:37:27.780 --> 01:37:36.780] So now I wanted to write back to the judicial committee, even though I'm pretty sure they'll find some other way to...
[01:37:36.780 --> 01:37:42.780] Okay. Let me explain something interesting to you.
[01:37:42.780 --> 01:37:51.780] You can expect that if you file a judicial conduct complaint, that the state commission on judicial conduct will throw out your complaint.
[01:37:51.780 --> 01:37:52.780] Great.
[01:37:52.780 --> 01:38:08.780] However, the bonding company that maintains the errors in admissions policy for the county or the state, depending on which the judge is a part of,
[01:38:08.780 --> 01:38:13.780] they know that the commission will throw it out.
[01:38:13.780 --> 01:38:23.780] So when they get a complaint against a judge, they don't care if it's a valid complaint or not. They're going to raise his bond rating.
[01:38:23.780 --> 01:38:33.780] Actually, they'll raise the bond rating for the county or the state, wherever the judge is.
[01:38:33.780 --> 01:38:42.780] Because of it, the judicial conduct complaints increases their risk. They raise the bond rating. Costs a lot of money.
[01:38:42.780 --> 01:38:48.780] Same thing with a lawyer. You file a judicial conduct complaint. State commission is going to get that complaint.
[01:38:48.780 --> 01:38:58.780] They're going to send you a letter back, say, we examined into your accusation, find it does not rise to the level of misconduct, no matter what you accuse him of.
[01:38:58.780 --> 01:39:09.780] And his insurance company knows that there are nine underwriters for malpractice insurance in the country.
[01:39:09.780 --> 01:39:19.780] All the insurance companies use them as underwriters. All of those are underwritten by Lloyd's of London, and they all have the same criteria.
[01:39:19.780 --> 01:39:24.780] One bar grievance, your first year of practice, they cancel immediately.
[01:39:24.780 --> 01:39:36.780] Two bar grievances, any one year of practice, they cancel. Three, they'll cancel your law firm's malpractice insurance. Valid, invalid, they don't care.
[01:39:36.780 --> 01:39:44.780] Let's say you buy a new car and you drive down to Wal-Mart, you go inside and come out and somebody's backed into it and bashed a fender in.
[01:39:44.780 --> 01:39:50.780] You call the insurance company. They're going to come out and fix it. They're going to double your insurance premium.
[01:39:50.780 --> 01:39:56.780] You go next month, somebody bashes in another one. They're going to come out and fix it. They're going to cancel.
[01:39:56.780 --> 01:40:03.780] Your fault, their fault, nobody's fault. They don't care. You are an unacceptable risk.
[01:40:03.780 --> 01:40:13.780] Same thing with lawyers, except malpractice insurance starts at 25 grand a year and goes way up from there.
[01:40:13.780 --> 01:40:25.780] It's over $100,000. Now, the things I wanted to mention was this judge had been presiding over my case, and he had actually...
[01:40:25.780 --> 01:40:35.780] This is the other case I'm talking about where the whistleblower, my employer, they violated the tip pooling practices.
[01:40:35.780 --> 01:40:44.780] Specifically, they allowed the other waitresses to keep my share of pooled tips. The tips were supposed to be divided equally.
[01:40:44.780 --> 01:40:52.780] I didn't get mine. That was their practice to kind of jip the new person, but that's not the way it's supposed to be done.
[01:40:52.780 --> 01:40:59.780] It's illegal to do it that way. Plus, I worked for two hours and because there was no customers, they sent me home and said,
[01:40:59.780 --> 01:41:05.780] you know, don't write your hours down tonight. So anyway, that was clearly illegal.
[01:41:05.780 --> 01:41:13.780] I did file the Human Rights Commission complaint. They dismissed my complaint. The employer lied to the commission.
[01:41:13.780 --> 01:41:24.780] I have proof of that, but the Superior Court, where my case was before it was dismissed by another judge,
[01:41:24.780 --> 01:41:35.780] who actually was in court that day for the first time, ruled on my case within a couple of days, and the file must be about an inch thick after three years.
[01:41:35.780 --> 01:41:42.780] Okay. I'm pro se. They were pro se for a long time, so it didn't go anywhere for a while because neither one of us knew...
[01:41:42.780 --> 01:41:50.780] Wait a minute. Wait a minute. Wait a minute. We're going to run out of time. We only got one segment.
[01:41:50.780 --> 01:41:59.780] Let's see what time it is. We only got one segment left. What is your question for us?
[01:41:59.780 --> 01:42:04.780] We don't have time to go through all of these cases. They'll take us a couple of days.
[01:42:04.780 --> 01:42:17.780] Well, okay. The biggest due process violation that was most recent is that the judge dismissed my case after, I believe,
[01:42:17.780 --> 01:42:25.780] the previous judge had already ruled that the case could proceed, my whistleblower case, that is,
[01:42:25.780 --> 01:42:30.780] but he had dismissed other claims that had put in after the whistleblower case.
[01:42:30.780 --> 01:42:33.780] Come on. Come on. Get to a question. Get to a question.
[01:42:33.780 --> 01:42:44.780] Okay. The judge had dismissed my case. He had been friends, more or less, with the lawyer for the defendant.
[01:42:44.780 --> 01:42:53.780] Okay. The lawyer for the defendant had referred that judge to me before he became a judge when he was a lawyer,
[01:42:53.780 --> 01:42:56.780] but I had forgot about that because I wasn't interested...
[01:42:56.780 --> 01:43:02.780] Wait. Hold on. Hold on. That's not an issue. All of these judges and lawyers all know each other.
[01:43:02.780 --> 01:43:08.780] They all work with each other all the time. That won't be an adjudicatable issue.
[01:43:08.780 --> 01:43:15.780] Do you think that's a conflict? But the other thing is they lied to the Maine Human Rights Commission.
[01:43:15.780 --> 01:43:18.780] I'm going to try to get the Maine Human Rights Commission to reverse.
[01:43:18.780 --> 01:43:23.780] Somehow I'm going to write to the letter, but now my case is in appeal to the law court.
[01:43:23.780 --> 01:43:29.780] I'm going to write to the law court because they're giving me only a couple days to write to them
[01:43:29.780 --> 01:43:33.780] and let them know why I didn't file my brief yet or the appendix.
[01:43:33.780 --> 01:43:38.780] So I will tell them I'm pro se. I can't get an attorney to do it.
[01:43:38.780 --> 01:43:41.780] Okay. Do you have a question for us?
[01:43:41.780 --> 01:43:46.780] Well, apparently I don't have time to formulate right now.
[01:43:46.780 --> 01:43:50.780] Okay. I can't go through the whole case. I need a legal question.
[01:43:50.780 --> 01:43:51.780] I know.
[01:43:51.780 --> 01:43:54.780] So think about it. Call us back next week.
[01:43:54.780 --> 01:43:56.780] Okay.
[01:43:56.780 --> 01:44:03.780] Hang on. We're about to go to break. Grand Theft Auto.
[01:44:26.780 --> 01:44:29.780] Grand Theft Auto.
[01:44:56.780 --> 01:45:00.780] Only at mpusa.org.
[01:45:00.780 --> 01:45:04.780] Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.780 --> 01:46:34.780] Okay, we are back, Randy Kelton, Rule of Law Radio.
[01:46:34.780 --> 01:46:36.780] We're talking to Paula in Minnesota.
[01:46:36.780 --> 01:46:40.780] Paula, have you listened to our show before?
[01:46:40.780 --> 01:46:47.780] Yes, and Randy, I got to tell you for like the third or fourth time, it's Maine, not Minnesota.
[01:46:47.780 --> 01:46:49.780] Oh, oh, I'm sorry.
[01:46:49.780 --> 01:46:54.780] Oh, it's what I have on my screen here.
[01:46:54.780 --> 01:46:56.780] Okay, Maine, okay.
[01:46:56.780 --> 01:46:59.780] Wait, have we talked before in the distant past?
[01:46:59.780 --> 01:47:05.780] Yes, and what I'd like to do since there's so little time is get your email address
[01:47:05.780 --> 01:47:10.780] and I'll send you a link to my blog, which I will go and update.
[01:47:10.780 --> 01:47:16.780] I haven't been blogging much because I'm just trying to survive and it's hard to do all this stuff.
[01:47:16.780 --> 01:47:21.780] So I'm going to send you a link to the blog.
[01:47:21.780 --> 01:47:24.780] Give me an email address the next time I call in.
[01:47:24.780 --> 01:47:29.780] Okay, you can find it on the website to randyatruleoflawradio.com.
[01:47:29.780 --> 01:47:36.780] Just go to Rule of Law Radio and you'll find a link to my email on there.
[01:47:36.780 --> 01:47:41.780] And if I could, I would rather spend my next minute or whatever
[01:47:41.780 --> 01:47:45.780] just mentioning my point of view on everything I've been through.
[01:47:45.780 --> 01:47:52.780] I think that if lawyers were required to take more cases on contingency,
[01:47:52.780 --> 01:47:56.780] I think it would improve the quality of our judicial system
[01:47:56.780 --> 01:48:02.780] because they would not be able to rely on the judges being honest
[01:48:02.780 --> 01:48:06.780] and following the law to get their money.
[01:48:06.780 --> 01:48:09.780] If they had to rely on judges being honest,
[01:48:09.780 --> 01:48:14.780] they would push for these judges to rule properly.
[01:48:14.780 --> 01:48:24.780] The problem with the legal system is that it's operated by human beings.
[01:48:24.780 --> 01:48:34.780] And as I said earlier in the show, if God created man, he created us horribly flawed.
[01:48:34.780 --> 01:48:41.780] Every lawyer is there trying to promote his self-interest and the interest of his client.
[01:48:41.780 --> 01:48:46.780] They really don't care about the law. They want to win.
[01:48:46.780 --> 01:48:50.780] And the lawyer and the judge, he wants to go home
[01:48:50.780 --> 01:48:57.780] and he'll tend to rule in favor of whichever lawyer he knows best or likes best.
[01:48:57.780 --> 01:49:03.780] That may not be right, but that's how human beings function.
[01:49:03.780 --> 01:49:12.780] We can't necessarily fix it, but if we learn to understand it and work inside it,
[01:49:12.780 --> 01:49:16.780] there's still ways of winning your cases.
[01:49:16.780 --> 01:49:21.780] I'm going to try to bring this up somehow and appeal that issue that,
[01:49:21.780 --> 01:49:28.780] right now my case is in appeal to the law court, which is the Supreme Court of Maine,
[01:49:28.780 --> 01:49:33.780] I guess, or Superior. It went from the County Superior Court to the law court,
[01:49:33.780 --> 01:49:37.780] which I believe is the Supreme Court. I'm not sure.
[01:49:37.780 --> 01:49:41.780] It's the law court and that's who I'm dealing with. I've got paperwork right here.
[01:49:41.780 --> 01:49:45.780] It is the Supreme Judicial Court.
[01:49:45.780 --> 01:49:49.780] This is what I'm up against. I want to try to get this issue of lawyers...
[01:49:49.780 --> 01:49:56.780] Okay, wait a minute. Wait a minute. You're having difficulty staying on point.
[01:49:56.780 --> 01:50:02.780] I understand. When you're involved in one of these issues, it's very traumatic
[01:50:02.780 --> 01:50:08.780] and it's very emotional and you tend to move from one emotional high point to another.
[01:50:08.780 --> 01:50:14.780] Tell me, have you written a timeline?
[01:50:14.780 --> 01:50:20.780] Timeline? Oh, I have a file that needs to be checked. I mean, I have...
[01:50:20.780 --> 01:50:26.780] No, no, no. I'm not talking about what you've written in motions and stuff.
[01:50:26.780 --> 01:50:31.780] A separate timeline. You know, if you go down to the court, you can pull a docket,
[01:50:31.780 --> 01:50:39.780] the court's docket, and it lists all of the documents that have been filed in the case.
[01:50:39.780 --> 01:50:44.780] If you're in court on an issue, I suggest you go get the docket.
[01:50:44.780 --> 01:50:51.780] Then use that as a basis for a timeline and then above it, write down all of the steps
[01:50:51.780 --> 01:50:57.780] that led to this suit. No explanations, no argument, just this happened, this happened,
[01:50:57.780 --> 01:51:03.780] this happened, and then go down through this and add in the happenings.
[01:51:03.780 --> 01:51:08.780] Now you have a basic structure to work from.
[01:51:08.780 --> 01:51:14.780] When you think about your case, you will tend to go from one emotional high point
[01:51:14.780 --> 01:51:21.780] to the next, to the next, to the next, and the whole case winds up getting confused.
[01:51:21.780 --> 01:51:23.780] If you write a timeline...
[01:51:23.780 --> 01:51:28.780] I'm choosing to explain it to you and there was other issues with the judges that I wanted to...
[01:51:28.780 --> 01:51:32.780] I'm sure there's other... But where do they fit in the overall scheme of things?
[01:51:32.780 --> 01:51:36.780] When you try to explain this to me, you're jumping from one thing to another,
[01:51:36.780 --> 01:51:40.780] to another, to another, to another, all over the place.
[01:51:40.780 --> 01:51:42.780] The point... Where I'm at right now...
[01:51:42.780 --> 01:51:43.780] The point is...
[01:51:43.780 --> 01:51:45.780] They want my brief and my...
[01:51:45.780 --> 01:51:53.780] No, don't do this. You've probably got 500 things like that you could tell me.
[01:51:53.780 --> 01:51:54.780] And it doesn't help me.
[01:51:54.780 --> 01:51:58.780] They want to know why I didn't file my brief on time.
[01:51:58.780 --> 01:51:59.780] But...
[01:51:59.780 --> 01:52:00.780] Okay, but...
[01:52:00.780 --> 01:52:02.780] The next isn't even due until the 7th.
[01:52:02.780 --> 01:52:07.780] Okay, okay. Wait, you're not listening. You're not listening.
[01:52:07.780 --> 01:52:14.780] If you're adjudicating your case the way you're explaining things to me,
[01:52:14.780 --> 01:52:18.780] I can understand why you're having problems.
[01:52:18.780 --> 01:52:23.780] Because it's a good chance the judge does not know what you're talking about.
[01:52:23.780 --> 01:52:24.780] Because...
[01:52:24.780 --> 01:52:28.780] I can tell you one thing. In Maine here, the Maine Human Rights Commission, okay,
[01:52:28.780 --> 01:52:31.780] simply dismissed my case after two years of...
[01:52:31.780 --> 01:52:34.780] Don't... See, you can't stop going to the issues.
[01:52:34.780 --> 01:52:38.780] You're just... You're so deep in this. You're so involved in it.
[01:52:38.780 --> 01:52:39.780] The thing is...
[01:52:39.780 --> 01:52:43.780] You just have to go to one issue after another issue after another issue.
[01:52:43.780 --> 01:52:46.780] I have no idea what you're talking about.
[01:52:46.780 --> 01:52:49.780] I have no idea how these things fit together.
[01:52:49.780 --> 01:52:51.780] This you'll understand. Let me explain one thing about...
[01:52:51.780 --> 01:52:54.780] No, no. I don't have all day.
[01:52:54.780 --> 01:52:58.780] For you to... You've got 100 things. You'll start explaining one thing.
[01:52:58.780 --> 01:53:02.780] And then you'll have an emotional experience to something else,
[01:53:02.780 --> 01:53:04.780] and you go to it, and something else, and there's something else.
[01:53:04.780 --> 01:53:09.780] I'm telling you, if you're going to be able to effectively adjudicate your case,
[01:53:09.780 --> 01:53:18.780] you have to find a way to extract yourself from all this emotional trauma this case is giving you.
[01:53:18.780 --> 01:53:21.780] I will ask the one question, I guess, that I'm allowed.
[01:53:21.780 --> 01:53:26.780] What do I do, okay, if this is what happened?
[01:53:26.780 --> 01:53:32.780] I went to court for the hearing on the dismissal of my case.
[01:53:32.780 --> 01:53:40.780] I had interrogatories with me that I had filed upon the defendant, and the dependent had answered.
[01:53:40.780 --> 01:53:44.780] They did not answer completely. Some of the questions were unanswered at all.
[01:53:44.780 --> 01:53:47.780] Those questions were irrelevant to the...
[01:53:47.780 --> 01:53:49.780] Okay, now don't... Okay.
[01:53:49.780 --> 01:53:51.780] Can I finish the question? Just let me...
[01:53:51.780 --> 01:53:55.780] Get to what you're trying to ask me. You're adjudicating your case here.
[01:53:55.780 --> 01:54:01.780] I have to explain... No, no, those questions asked in the interrogators were irrelevant.
[01:54:01.780 --> 01:54:03.780] I needed the information...
[01:54:03.780 --> 01:54:06.780] Okay, hold on, hold on. Okay, that I can answer easy enough.
[01:54:06.780 --> 01:54:09.780] Did you file a motion to compel discovery?
[01:54:09.780 --> 01:54:11.780] I'm getting to... Is this...
[01:54:11.780 --> 01:54:13.780] You're not... You're okay.
[01:54:13.780 --> 01:54:16.780] I can't help you if you don't stop talking long enough.
[01:54:16.780 --> 01:54:17.780] I'm trying to explain...
[01:54:17.780 --> 01:54:18.780] Stop talking.
[01:54:18.780 --> 01:54:19.780] ...get to a question.
[01:54:19.780 --> 01:54:25.780] You're trying to explain a huge case going from one piece to another.
[01:54:25.780 --> 01:54:29.780] I don't know what you're talking about. You can't even ask me a question.
[01:54:29.780 --> 01:54:31.780] I'm trying to explain it to you.
[01:54:31.780 --> 01:54:33.780] Ask me a question.
[01:54:33.780 --> 01:54:35.780] That's what I'm getting to, but I have to...
[01:54:35.780 --> 01:54:42.780] Ask me a question, and then I'll ask you information I need to be able to answer the question.
[01:54:42.780 --> 01:54:44.780] Let me see if I can formulate it.
[01:54:44.780 --> 01:54:46.780] You're trying to box me in.
[01:54:46.780 --> 01:54:49.780] Is the judge... Okay.
[01:54:49.780 --> 01:54:51.780] Okay, stop, stop a second.
[01:54:51.780 --> 01:54:54.780] Is this question about discovery?
[01:54:54.780 --> 01:54:56.780] Yes, yes.
[01:54:56.780 --> 01:55:02.780] Okay, is it about the failure of the other party to produce discovery?
[01:55:02.780 --> 01:55:11.780] It's about the failure of the judge to schedule a conference when I asked him to, after he told me that I had to...
[01:55:11.780 --> 01:55:17.780] In a letter for the conference, so I asked in a letter for the conference.
[01:55:17.780 --> 01:55:21.780] What was the purpose of the conference?
[01:55:21.780 --> 01:55:25.780] Because there was a dispute in the discovery, plus the fact that it didn't...
[01:55:25.780 --> 01:55:29.780] Okay, it was about discovery.
[01:55:29.780 --> 01:55:35.780] Did you file a motion to compel discovery?
[01:55:35.780 --> 01:55:40.780] I filed a letter, like the judge said I could...
[01:55:40.780 --> 01:55:43.780] Okay, this is hard.
[01:55:43.780 --> 01:55:48.780] Paula, Paula, you're too emotionally involved in this.
[01:55:48.780 --> 01:55:54.780] You can't ask me a question, and you can't answer a question.
[01:55:54.780 --> 01:56:04.780] Everything that I say embeds you in the emotion of this case, and you have to go into all of the emotional happening.
[01:56:04.780 --> 01:56:10.780] If you're doing this where you're trying to adjudicate your case, you will never be able to win anything.
[01:56:10.780 --> 01:56:14.780] Because nobody's going to know what you're talking about.
[01:56:14.780 --> 01:56:17.780] The background, you know the background is important.
[01:56:17.780 --> 01:56:19.780] I just can't ask a question.
[01:56:19.780 --> 01:56:25.780] You can't give me 10 years of background in order for me to answer one question.
[01:56:25.780 --> 01:56:26.780] You can't do that.
[01:56:26.780 --> 01:56:29.780] Okay, I went off the track with the judges.
[01:56:29.780 --> 01:56:30.780] Stop this, stop.
[01:56:30.780 --> 01:56:31.780] Just look at your...
[01:56:31.780 --> 01:56:32.780] Disqualification.
[01:56:32.780 --> 01:56:40.780] You just cannot stop trying to force all of these emotional happenings down my throat.
[01:56:40.780 --> 01:56:43.780] I can't make decisions for you that way.
[01:56:43.780 --> 01:56:46.780] The judge certainly can't.
[01:56:46.780 --> 01:56:47.780] You have to...
[01:56:47.780 --> 01:56:58.780] If you're going to try to work your own cases, you have to get loose from the emotional impact of these.
[01:56:58.780 --> 01:57:02.780] I'm trying to tell you how to do this.
[01:57:02.780 --> 01:57:09.780] When you hang up, sit down and write a timeline.
[01:57:09.780 --> 01:57:10.780] You don't have one.
[01:57:10.780 --> 01:57:14.780] That's why you're jumping all over the place.
[01:57:14.780 --> 01:57:23.780] You can't follow one thought through because it pulls up another thought and you jump to it and another thought and you jump to it.
[01:57:23.780 --> 01:57:27.780] We've been all over the place and I have no idea what's going on with your case.
[01:57:27.780 --> 01:57:30.780] I was trying to explain that you didn't give me two minutes.
[01:57:30.780 --> 01:57:41.780] I don't have two days for you to go through every possible fact that you think I might need to force me to give you the answer that you want.
[01:57:41.780 --> 01:57:49.780] The judge said there is no discovery in an appeal.
[01:57:49.780 --> 01:57:58.780] There are other cases in appeals, but when I told him about I want a discovery conference, he hadn't ruled yet.
[01:57:58.780 --> 01:58:05.780] I had just brought in the discovery and now the interrogatories along with their responses.
[01:58:05.780 --> 01:58:06.780] I am sorry.
[01:58:06.780 --> 01:58:13.780] We're out of show and I still don't have any idea what you're talking about.
[01:58:13.780 --> 01:58:17.780] I know this vaguely has something to do with discovery.
[01:58:17.780 --> 01:58:26.780] The other side didn't give you all your discovery, but something to do with a conference and way, way too many facts.
[01:58:26.780 --> 01:58:29.780] I have no idea what you're talking about.
[01:58:29.780 --> 01:58:31.780] You need a way to put this together.
[01:58:31.780 --> 01:58:32.780] We are out of time.
[01:58:32.780 --> 01:58:33.780] I'm sorry, Olivier.
[01:58:33.780 --> 01:58:35.780] We couldn't get back to you.
[01:58:35.780 --> 01:58:38.780] Randy Kelton, Louisville Radio.
[01:58:38.780 --> 01:58:42.780] We'll be back next week, Thursday, eight o'clock Central.
[01:58:42.780 --> 01:58:49.780] Thank you all for listening and good night.
[01:59:12.780 --> 01:59:14.780] We'll be right back.
[01:59:42.780 --> 01:59:50.780] 510102 or visit us online at BFA.org.
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