ROL_2016-11-18_16k_Hr3-4.timecode

[00:00.000 --> 00:05.840]  The following news flash is brought to you by the Lone Star Lowdown, providing the jelly
[00:05.840 --> 00:13.480]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.480 --> 00:20.960]  into the tides of the alternative.
[00:20.960 --> 00:26.600]  Markets for Friday, the 4th of November, 2016, are currently treading with gold at $1,304.10
[00:26.600 --> 00:33.640]  an ounce, silver, $18.41 an ounce, test is crude, $44.66 a barrel, and Bitcoin is currently
[00:33.640 --> 00:41.440]  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 --> 01:03.920]  The NSA was established today in history.
[01:03.920 --> 01:08.400]  In recent news, WikiLeaks just dumped part 30 of Hillary Clinton's campaign manager,
[01:08.400 --> 01:12.960]  John Podesta's, hacked emails, bringing the total thus far to over 47,000.
[01:12.960 --> 01:17.040]  Julian Assange, who still is essentially on house arrest at the Ecuadorian embassy in
[01:17.040 --> 01:21.320]  London, gave an interview with Russia Today, where he claims that the outcome of next Tuesday's
[01:21.320 --> 01:25.640]  presidential election between Donald Trump and Hillary Clinton has already been decided,
[01:25.640 --> 01:31.680]  saying, quote, because he has had every establishment off his side, Trump does not have one establishment,
[01:31.680 --> 01:35.520]  maybe with the exception of the evangelicals, if you can call them an establishment.
[01:35.520 --> 01:40.080]  Banks, intelligence, arms companies, foreign money, et cetera, are all united behind Hillary
[01:40.080 --> 01:44.080]  Clinton and the media as well, media owners and the journalists themselves.
[01:44.080 --> 01:49.880]  This is days after political activists discovered a hidden website for WRCB, an NBC affiliate
[01:49.880 --> 01:55.080]  out of Chattanooga, Tennessee, showing election results with Hillary Clinton securing 343
[01:55.080 --> 01:58.000]  electoral votes and 42 percent of the popular vote.
[01:58.000 --> 02:01.680]  Hillary, her campaign and the media are accusing Russia for the hacking of tens of thousands
[02:01.680 --> 02:04.560]  of emails that WikiLeaks has dumped out in the past weeks.
[02:04.560 --> 02:08.400]  However, Julian Assange has vehemently denied any involvement from the Kremlin.
[02:08.400 --> 02:12.000]  A majority of Hillary's hacked emails that have been released via WikiLeaks since March
[02:12.000 --> 02:21.720]  of 2016 can be searched through at WikiLeaks.org forward slash Clinton dash emails.
[02:21.720 --> 02:25.760]  CBS News reported earlier today that U.S. intelligence agencies have alerted joint terrorism
[02:25.760 --> 02:30.200]  task forces that al Qaeda could potentially be planning terrorist attacks in New York,
[02:30.200 --> 02:34.280]  Texas and Virginia for Monday, the day before the election, though no specific cities and
[02:34.280 --> 02:35.760]  landmarks are mentioned.
[02:35.760 --> 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 --> 02:48.280]  alert warned local police of polling places being seen as attractive targets for lone
[02:48.280 --> 02:53.480]  wolf type of attacks by individuals motivated by violent extremist ideologies such as sovereign
[02:53.480 --> 02:54.480]  citizens.
[02:54.480 --> 03:22.240]  This is Brook Brody with your Lowdown for November 4th, 2016.
[03:24.480 --> 03:30.760]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Carlene in New
[03:30.760 --> 03:31.760]  York.
[03:31.760 --> 03:41.440]  Carlene, I hope I wasn't being too pedantic there, but this is kind of a complex issue
[03:41.440 --> 03:45.600]  and it's a little difficult to get it sorted out right.
[03:45.600 --> 03:50.600]  So have I made sense so far or do you still have a question about that?
[03:50.600 --> 03:51.600]  Definitely.
[03:51.600 --> 03:52.600]  I didn't know that.
[03:52.600 --> 03:56.320]  Like, I didn't know it all falls back on, like you said, there's a difference between
[03:56.320 --> 03:58.440]  the note versus a claim against the property.
[03:58.440 --> 04:02.120]  I just thought it was all the same thing.
[04:02.120 --> 04:07.600]  And this is things that the judges keep bringing up and it's inappropriate for them.
[04:07.600 --> 04:11.600]  You have no objection to paying the note.
[04:11.600 --> 04:18.920]  Your question is, who has authority to exercise a claim against my property?
[04:18.920 --> 04:25.800]  It doesn't have anything to do with the note and the bank is going to want to bring the
[04:25.800 --> 04:28.400]  note into it.
[04:28.400 --> 04:35.400]  And your purpose in making that determination is when you pay the note, you want to be sure
[04:35.400 --> 04:42.800]  you're paying the right party, the only one who has the right to bring a claim.
[04:42.800 --> 04:51.200]  Now if somebody wants to bring a claim on the note, let them, then we'll get into the
[04:51.200 --> 04:55.680]  improving up that they actually have that claim.
[04:55.680 --> 05:01.680]  And that seems to be where most people are making the error.
[05:01.680 --> 05:04.320]  They're going after the note.
[05:04.320 --> 05:09.400]  They're saying, you don't have a right to collect on this note.
[05:09.400 --> 05:16.200]  They're saying, yes, we do and from my perspective, I want to say, I don't care about that right
[05:16.200 --> 05:18.040]  now.
[05:18.040 --> 05:24.920]  Who has a right to make a claim against this property according to the public record?
[05:24.920 --> 05:30.920]  Who has a right to enforce the provisions in the mortgage?
[05:30.920 --> 05:33.360]  That's all I want to know.
[05:33.360 --> 05:36.960]  And if the judge considers anything else, it's error.
[05:36.960 --> 05:44.560]  It's confusing because it says U.S. Bank National, but then there's Aquin that has had the note
[05:44.560 --> 05:47.480]  for three years or whatever when it was transferred.
[05:47.480 --> 05:48.480]  Now wait a minute.
[05:48.480 --> 05:49.480]  You don't know if they work together.
[05:49.480 --> 05:51.280]  Wait a minute.
[05:51.280 --> 05:55.280]  You don't know what Aquin has.
[05:55.280 --> 06:02.320]  You know what Aquin said, but you don't know if Aquin holds the note or not and you don't
[06:02.320 --> 06:14.320]  care for this first step because the law in New York says if you have a claim against
[06:14.320 --> 06:20.000]  real property and it's not properly filed in the public record, it's void as to the
[06:20.000 --> 06:23.000]  holder.
[06:23.000 --> 06:25.720]  You don't care what they got.
[06:25.720 --> 06:27.840]  It's not filed in the record.
[06:27.840 --> 06:31.240]  You can't adjudicate your claim.
[06:31.240 --> 06:39.200]  So by only going to the mortgage instrument or the deed of trust and saying who holds
[06:39.200 --> 06:48.200]  this document, who has a right to enforce this document by the public record, I just
[06:48.200 --> 06:53.960]  filed one in California and I think it was 2114.
[06:53.960 --> 07:01.360]  That's the one that says that any claim against real property not properly filed in the public
[07:01.360 --> 07:03.920]  record is void as to the holder.
[07:03.920 --> 07:04.920]  Okay.
[07:04.920 --> 07:15.000]  Who holds the claim against this property as contemplated by the legislature in 2114?
[07:15.000 --> 07:17.160]  That's my question before the court.
[07:17.160 --> 07:27.760]  I'm asking the court to declare the rights of the parties.
[07:27.760 --> 07:29.920]  You really don't know where your note is.
[07:29.920 --> 07:37.920]  Aquin absolutely does not hold your note, never did.
[07:37.920 --> 07:46.280]  Your note almost went from the original lender to a special purpose vehicle and that special
[07:46.280 --> 07:51.600]  purpose vehicle was set up for the purpose of accumulating a whole bunch of notes and
[07:51.600 --> 08:01.680]  then filing them into a real estate mortgage investment conduit and then they aggregated
[08:01.680 --> 08:08.720]  them into a pool and then filed that pool with the IRS as a real estate mortgage investment
[08:08.720 --> 08:14.320]  conduit and then they sold off portions of the pool.
[08:14.320 --> 08:21.800]  So there's probably a hundred entities out there that have an interest in your note.
[08:21.800 --> 08:28.880]  The holder of the note will be the trustee of the pool.
[08:28.880 --> 08:35.600]  That's who will actually hold it but their problem is they never did anything right so
[08:35.600 --> 08:42.400]  he can't prove that the note is properly in his pool.
[08:42.400 --> 08:49.480]  Even if it is, he can't prove it but initially we don't want to go there.
[08:49.480 --> 08:55.960]  We don't care where it's at and all these people doing securitization audits, it is
[08:55.960 --> 09:05.000]  my contention that the banks put this out there, kind of a briar rabbit thing.
[09:05.000 --> 09:10.120]  Oh please Mr. Farmer, don't throw me in that briar patch.
[09:10.120 --> 09:13.080]  Well that's exactly where he wants to go.
[09:13.080 --> 09:18.160]  This nonsense of merge and show me the note, the banks put that out there because it is
[09:18.160 --> 09:26.480]  such a complex issue that it's almost impossible to get a judge who has to read 30 or 40 motions
[09:26.480 --> 09:28.640]  every day on totally different issues.
[09:28.640 --> 09:34.240]  It's hard to get him to be able to wrap his head around it.
[09:34.240 --> 09:40.480]  It's easier just to deny it and go on to something else.
[09:40.480 --> 09:46.960]  So what I'm trying to do is make this really, really easy but keep saying it's not about
[09:46.960 --> 09:54.680]  the law or the facts, it's about the politics and part of the politics is understanding
[09:54.680 --> 10:02.080]  the reality of the world that judge lives in.
[10:02.080 --> 10:08.520]  When I write a document for a court, I write it for an eighth grader.
[10:08.520 --> 10:15.800]  It's not that the judge has any diminished capacity, it's that he doesn't have time.
[10:15.800 --> 10:22.200]  I'm not going to write some convoluted garbage that the judge is going to have to dig into
[10:22.200 --> 10:28.600]  and stitch facts together and try to figure out what in the heck is this guy talking about.
[10:28.600 --> 10:35.000]  First line, this is what I'm talking about.
[10:35.000 --> 10:38.800]  Everything that follows will go to this point.
[10:38.800 --> 10:46.320]  Now I've told the judge exactly where I'm going and then I give him a list of facts.
[10:46.320 --> 10:49.440]  Now I've already told him where I'm going.
[10:49.440 --> 10:56.320]  So he'll read my facts from the perspective of where I'm trying to get to and he'll look
[10:56.320 --> 11:02.880]  at the facts and try to stitch them together in a way that leads me to where I've told
[11:02.880 --> 11:10.280]  him I'm going and then I'll make my argument on how I get there.
[11:10.280 --> 11:17.280]  Now he's already tried to stitch these together and then if I make my argument and it matches
[11:17.280 --> 11:26.040]  his concept of how these facts fit together, he's going to think I'm pretty smart because
[11:26.040 --> 11:28.920]  I'm thinking the same thing he's thinking.
[11:28.920 --> 11:34.760]  Whether he agrees with me at the end or not, this will allow the judge to walk through
[11:34.760 --> 11:42.400]  this quickly and I make my arguments as simple and direct as possible.
[11:42.400 --> 11:51.600]  I just got criticized today about an argument that the person considered humorous.
[11:51.600 --> 11:56.400]  There's an argument on this subject that I do because we're trying to find out who actually
[11:56.400 --> 12:04.920]  holds the note and the first sub paragraph heading is who's on first.
[12:04.920 --> 12:12.640]  We don't know who's on first but when I say who's on first, the judge looks at that and
[12:12.640 --> 12:16.520]  he knows exactly where I'm going.
[12:16.520 --> 12:19.920]  It's real easy to understand.
[12:19.920 --> 12:28.600]  He's heard the Abbott and Costello routine where it gets real complex of who is where.
[12:28.600 --> 12:33.360]  Who's on first, what's on second, we don't know what's on second.
[12:33.360 --> 12:35.040]  We're trying to figure out what's on second.
[12:35.040 --> 12:41.280]  I don't give a darn as a judge, shortstop and we know who he is, that's the awkwardness.
[12:41.280 --> 12:46.560]  I don't give a darn, they just want the money.
[12:46.560 --> 12:51.160]  Everything is about making it easy to understand.
[12:51.160 --> 12:55.000]  Don't go in there with 50 claims.
[12:55.000 --> 13:02.440]  Find a claim that will end your case.
[13:02.440 --> 13:10.680]  If we go in there with a declaratory judgment based on who can enforce the claim against
[13:10.680 --> 13:18.120]  the property, very tightly focused, who can enforce the claim against the property by
[13:18.120 --> 13:23.240]  the public record because that's the only thing that counts.
[13:23.240 --> 13:29.240]  Securitization and who holds the note, who bought what, I don't care about all that stuff.
[13:29.240 --> 13:34.280]  HOPA, TEA, the rest of all these consumer protection laws don't care about all that
[13:34.280 --> 13:36.160]  stuff.
[13:36.160 --> 13:43.000]  We don't get to that until we figure out who has the right to stand before the court and
[13:43.000 --> 13:49.320]  make a claim against this property and that's really, really simple.
[13:49.320 --> 13:54.520]  It's very hard for the judge to dance around.
[13:54.520 --> 14:03.000]  You get a ruling on that one saying that the original lender is the only proper holder
[14:03.000 --> 14:08.840]  reflected in the record and that is the only one that can enforce this note.
[14:08.840 --> 14:12.080]  Will the original lender stand for it?
[14:12.080 --> 14:19.080]  Well, the original lender is a dead guy, don't exist anymore.
[14:19.080 --> 14:23.320]  There's nobody who can enforce it and that's the ruling we want to get.
[14:23.320 --> 14:24.320]  The original lender only?
[14:24.320 --> 14:26.600]  So what if it was a refinance?
[14:26.600 --> 14:29.840]  Will they be the ones to enforce it?
[14:29.840 --> 14:30.840]  Yes.
[14:30.840 --> 14:33.120]  The house is refinanced, so.
[14:33.120 --> 14:41.440]  The refinance, whoever refinanced it, they're the original lender because when they refinance,
[14:41.440 --> 14:49.520]  they paid off the prior mortgage and now they're the original lender.
[14:49.520 --> 14:53.440]  Okay.
[14:53.440 --> 15:04.640]  The refinance gives you a right to represent, how old is the refinance?
[15:04.640 --> 15:05.640]  How old is it?
[15:05.640 --> 15:06.640]  Yes.
[15:06.640 --> 15:15.760]  It's about, well, now it would be 14 years because it's too old for, there's a three
[15:15.760 --> 15:23.360]  year right to rescission and then there's a after foreclosure right to rescission.
[15:23.360 --> 15:30.400]  The three year right to rescission, you have a right to, you can't rescind a mortgage that's
[15:30.400 --> 15:38.680]  an original purchase mortgage or a construction loan mortgage.
[15:38.680 --> 15:46.360]  Those are not rescindable, but a refinance or a home equity loan, those are rescindable.
[15:46.360 --> 15:50.160]  That's a whole other subject.
[15:50.160 --> 15:51.160]  Okay.
[15:51.160 --> 15:56.560]  I'll have you go there if I, but the main thing was answered.
[15:56.560 --> 16:04.880]  So what I really wanted to really ask was based on the documents I've sent, based on
[16:04.880 --> 16:09.360]  what would you be able to gather, would you be able to gather anything in terms of what
[16:09.360 --> 16:13.400]  could be done based on that information or was it not really relevant?
[16:13.400 --> 16:14.400]  Yes.
[16:14.400 --> 16:15.880]  A whole lot of documents.
[16:15.880 --> 16:16.880]  Okay.
[16:16.880 --> 16:21.880]  I didn't go through all of that you just sent me today, but I've looked at your record before
[16:21.880 --> 16:30.360]  and if I remember right, the original lender is not who's claiming to be holding a mortgage
[16:30.360 --> 16:32.400]  now.
[16:32.400 --> 16:36.960]  But I would have to go back through it, I go through so many of these, I've stopped
[16:36.960 --> 16:43.240]  trying to do this off the top of my head because I tend to mix them up because I go through
[16:43.240 --> 16:47.400]  too many of them.
[16:47.400 --> 16:53.120]  I would have to do this, I'd have to look over the documents before we went on the air
[16:53.120 --> 16:56.280]  so I could kind of be up to speed.
[16:56.280 --> 16:58.800]  Let me see, I'm hearing music.
[16:58.800 --> 16:59.800]  Yes.
[16:59.800 --> 17:02.800]  Dang, cookies.
[17:02.800 --> 17:03.800]  Cookies?
[17:03.800 --> 17:04.800]  Me love cookies.
[17:04.800 --> 17:05.800]  Oh, hi, Cookie Munchers.
[17:05.800 --> 17:06.800]  No, these are yucky cookies.
[17:06.800 --> 17:07.800]  Cookies?
[17:07.800 --> 17:08.800]  Yucky?
[17:08.800 --> 17:09.800]  No, no bad cookies.
[17:09.800 --> 17:12.400]  You can't even eat these cookies, these are cyber cookies.
[17:12.400 --> 17:13.400]  No, can't eat?
[17:13.400 --> 17:16.880]  No, they are cyber cookies and they clog up your computer.
[17:16.880 --> 17:17.880]  These have apples.
[17:17.880 --> 17:18.880]  Really?
[17:18.880 --> 17:20.880]  Oh, that's an actual apple.
[17:20.880 --> 17:22.880]  Yummy apple.
[17:22.880 --> 17:26.880]  I'm going to throw away these yucky cookies in the trash.
[17:26.880 --> 17:33.080]  I click control, shift, delete and then scroll down to cookies and clear them.
[17:33.080 --> 17:34.640]  Bye bye, yucky cookies.
[17:34.640 --> 17:40.280]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right hand
[17:40.280 --> 17:46.320]  side, bookmark the link and I can go to Amazon through this link and order you some yummy
[17:46.320 --> 17:47.320]  new cookies.
[17:47.320 --> 17:48.320]  New cookies?
[17:48.320 --> 17:49.320]  For me?
[17:49.320 --> 17:51.120]  Consider it an early Christmas present.
[17:51.120 --> 17:55.920]  And every time I order on Amazon, I go through this link and I give a little present to this
[17:55.920 --> 17:56.920]  radio network too.
[17:56.920 --> 17:57.920]  B is for cookie.
[17:57.920 --> 17:58.920]  C is for classified.
[17:58.920 --> 18:05.200]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[18:05.200 --> 18:09.440]  Stop debt collectors now with the Michael Mears proven method.
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[18:41.400 --> 18:46.920]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:46.920 --> 18:49.920]  or email michaelmears at yahoo.com.
[18:49.920 --> 18:58.920]  It's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:58.920 --> 18:59.920]  collectors now.
[18:59.920 --> 19:00.920]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:00.920 --> 19:01.920]  Well, don't let nothing get to you.
[19:01.920 --> 19:02.920]  Only the father can deliver you.
[19:02.920 --> 19:03.920]  Don't let bad-minded people hurt you.
[19:03.920 --> 19:04.920]  Don't let bad-minded people hurt you.
[19:04.920 --> 19:05.920]  Don't let bad-minded people hurt you.
[19:05.920 --> 19:06.920]  Don't let bad-minded people hurt you.
[19:06.920 --> 19:07.920]  Don't let bad-minded people hurt you.
[19:07.920 --> 19:26.920]  Don't let bad-minded people hurt you.
[19:26.920 --> 19:27.920]  Okay.
[19:27.920 --> 19:28.920]  We are back.
[19:28.920 --> 19:35.320]  Randy Kelton, Rule of Law Radio, and we're talking to Carlene in New York.
[19:35.320 --> 19:41.320]  And I'm looking in your records and I don't have enough to make a determination.
[19:41.320 --> 19:45.320]  Who was, who did the refinance?
[19:45.320 --> 19:51.320]  From my knowledge, I'll have to look back.
[19:51.320 --> 19:52.320]  It was IndyMac.
[19:52.320 --> 20:00.320]  That's what I, when my parents were refinancing with, they said it was a service of IndyMac
[20:00.320 --> 20:01.320]  Bank.
[20:01.320 --> 20:04.320]  But I definitely will have to look back further into the documentation.
[20:04.320 --> 20:05.320]  Okay.
[20:05.320 --> 20:06.320]  But they said...
[20:06.320 --> 20:10.320]  I'm looking at a suit for foreclosure.
[20:10.320 --> 20:13.320]  I think that's what this is.
[20:13.320 --> 20:21.320]  It's a U.S. National Bank Association as trustee for the LXS20074N.
[20:21.320 --> 20:25.320]  That's going to be a pool.
[20:25.320 --> 20:32.320]  Now, in order to determine what's going on here, I would have to see everything that
[20:32.320 --> 20:40.320]  has been filed with the county recorder as a registrar of deeds since the refinance.
[20:40.320 --> 20:42.320]  Oh, okay.
[20:42.320 --> 20:43.320]  Okay.
[20:43.320 --> 20:45.320]  Following that time period.
[20:45.320 --> 20:46.320]  Okay.
[20:46.320 --> 20:50.320]  Yeah, because that's how we make our claim.
[20:50.320 --> 20:56.320]  I want to see if U.S. National Bank Association was the original lender.
[20:56.320 --> 21:05.320]  If they're not, then I want to see an assignment from the original lender to U.S. National
[21:05.320 --> 21:07.320]  Bank Association.
[21:07.320 --> 21:13.320]  I can almost assure you it's not going to be there.
[21:13.320 --> 21:19.320]  So if you want me to be able to evaluate it, go to the county registrar of deeds.
[21:19.320 --> 21:23.320]  And this is the way I generally have people do it.
[21:23.320 --> 21:30.320]  Go to the registrar and tell them that you are computer intolerant and you don't
[21:30.320 --> 21:34.320]  understand these newfangled gadgets even if you do.
[21:34.320 --> 21:40.320]  And ask the registrar, will you want to search on my property and show me the
[21:40.320 --> 21:44.320]  documents that come up so I can go look at them?
[21:44.320 --> 21:52.320]  And get that search and keep it, because that's what the registrar can find.
[21:52.320 --> 21:57.320]  If the registrar can't find it, you don't want to see it.
[21:57.320 --> 22:01.320]  And then get me a copy of everything that's listed there.
[22:01.320 --> 22:06.320]  And then I can look at that and then I can tell you where I think you can go.
[22:06.320 --> 22:09.320]  Okay, so just to be clear, what is it now exactly?
[22:09.320 --> 22:13.320]  I know you said you need all the documents from following the finance.
[22:13.320 --> 22:21.320]  The registrar of deeds, the county registrar will be in the county court.
[22:21.320 --> 22:26.320]  You will have a county registrar of deeds in New York, in your county.
[22:26.320 --> 22:34.320]  And any claim against real property will be filed in that county registrar.
[22:34.320 --> 22:35.320]  Go there.
[22:35.320 --> 22:37.320]  Get everything that's been filed.
[22:37.320 --> 22:41.320]  It's probably only going to be three or four documents.
[22:41.320 --> 22:42.320]  Oh, okay.
[22:42.320 --> 22:43.320]  Okay.
[22:43.320 --> 22:46.320]  So you basically can't, like you said, you can't make a determination because
[22:46.320 --> 22:48.320]  you don't have enough information.
[22:48.320 --> 22:58.320]  My claim will be who has a right to enforce the mortgage instrument based on
[22:58.320 --> 23:04.320]  what is filed with the recorder of deeds.
[23:04.320 --> 23:11.320]  So in order to do that, I have to see what's been filed.
[23:11.320 --> 23:13.320]  Okay.
[23:13.320 --> 23:16.320]  Is that still the public record or is this a...
[23:16.320 --> 23:18.320]  That's a public record.
[23:18.320 --> 23:24.320]  Just call the county courthouse and ask where the registrar of deeds is.
[23:24.320 --> 23:28.320]  And go ask the registrar to look all these up.
[23:28.320 --> 23:33.320]  And once they give you a list of them, ask for a copy of the ones from the
[23:33.320 --> 23:40.320]  date that the refinance was made to today's date.
[23:40.320 --> 23:43.320]  You want to see everything that's filed.
[23:43.320 --> 23:49.320]  It's important that I know everything that's filed because it's actually more
[23:49.320 --> 23:54.320]  important for me to know what was not filed.
[23:54.320 --> 23:57.320]  So that's why I need to see everything.
[23:57.320 --> 23:59.320]  Okay.
[23:59.320 --> 24:03.320]  Because I'll put together, when I do an evaluation, I put together a statement
[24:03.320 --> 24:07.320]  of facts and I say this was filed and this was filed and this was filed and
[24:07.320 --> 24:09.320]  this was filed and that's all.
[24:09.320 --> 24:14.320]  There's nothing else. I need to be able to say that with authority.
[24:14.320 --> 24:18.320]  If you give me everything that's been filed in the record, then all I'll do is
[24:18.320 --> 24:23.320]  go down and follow the chain of title.
[24:23.320 --> 24:30.320]  The one I have today is I have a lender that issued a note in 05.
[24:30.320 --> 24:33.320]  In 07, they went out of business.
[24:33.320 --> 24:41.320]  In 2016, MERS filed an assignment from the original lender to somebody else.
[24:41.320 --> 24:44.320]  So I'm just following chain of title.
[24:44.320 --> 24:51.320]  And so the question becomes, how did MERS take the beneficial interest that
[24:51.320 --> 24:55.320]  belonged to the original lender and give it to somebody else?
[24:55.320 --> 25:03.320]  I don't see anything in the record that authorized MERS to do that.
[25:03.320 --> 25:12.320]  And since the lender died in 2007, how did the lender tell MERS to transfer
[25:12.320 --> 25:16.320]  this property in 2016?
[25:16.320 --> 25:19.320]  How does that work, guys?
[25:19.320 --> 25:22.320]  So I'm just going to look for a break in the chain.
[25:22.320 --> 25:27.320]  And it's a broken, it's definitely a broken chain of title with this property.
[25:27.320 --> 25:32.320]  So okay, I will put those documents together.
[25:32.320 --> 25:37.320]  I'm not sure when I'll be able to get it to you, but I'll be working on it as ASAP.
[25:37.320 --> 25:42.320]  Okay, you need to move quickly if they're already starting to foreclose.
[25:42.320 --> 25:43.320]  Yes.
[25:43.320 --> 25:47.320]  Okay, anything else, Cardi?
[25:47.320 --> 25:52.320]  I don't know if it's necessary, but I wanted to know if you wanted me to send you
[25:52.320 --> 25:54.320]  that article that I found.
[25:54.320 --> 25:55.320]  I don't know if that's...
[25:55.320 --> 25:56.320]  Yes, yes, send it to me.
[25:56.320 --> 25:58.320]  That will be interesting.
[25:58.320 --> 26:01.320]  I've got a lot of ugly stuff on Aquin.
[26:01.320 --> 26:07.320]  They're the bad boys on the block.
[26:07.320 --> 26:09.320]  Okay, thank you so much.
[26:09.320 --> 26:11.320]  Okay, thank you, Carlene.
[26:11.320 --> 26:15.320]  Now we're going to go to Olivier in Tennessee.
[26:15.320 --> 26:18.320]  Hello, Olivier.
[26:18.320 --> 26:19.320]  How you doing?
[26:19.320 --> 26:21.320]  Doing good.
[26:21.320 --> 26:29.320]  Okay, bring us back up to speed from where we were last night for those who weren't on the show last night.
[26:29.320 --> 26:30.320]  Yes, back up to speed.
[26:30.320 --> 26:36.320]  I have three cases in civil court pending right now.
[26:36.320 --> 26:39.320]  Two cases were on the docket.
[26:39.320 --> 26:50.320]  One was for the 14th, and I was adding amendments and default motion, a motion for default judgment on the 14th and the 15th.
[26:50.320 --> 27:01.320]  And the motion for default judgment wasn't for the entire case, but just as to certain defendants who did not respond.
[27:01.320 --> 27:02.320]  Right.
[27:02.320 --> 27:06.320]  Okay.
[27:06.320 --> 27:16.320]  So on the 14th, when he realized on the case where they took my BMW from my house, he denied that amendment.
[27:16.320 --> 27:26.320]  Then when he went to the next case, he saw that I was asking for a motion for default judgment against auto transport.
[27:26.320 --> 27:36.320]  Then he started making a fit and ran, talking about, oh, well, they had a date schedule for the 15th. You can't make dates like that.
[27:36.320 --> 27:41.320]  You got to put it on the same date. You're not allowed to do that.
[27:41.320 --> 27:44.320]  So I'm like, I'm not allowed to do that.
[27:44.320 --> 27:47.320]  They're like, yeah, so I'm not going to hear this case.
[27:47.320 --> 27:51.320]  I'm going to move it until tomorrow.
[27:51.320 --> 27:54.320]  So tomorrow came.
[27:54.320 --> 27:59.320]  Now the state go argue their little argument talking about immunity and all this crazy stuff.
[27:59.320 --> 28:02.320]  I go up there and tell them, hey, they don't have immunity.
[28:02.320 --> 28:04.320]  This is why they don't and everything else.
[28:04.320 --> 28:18.320]  And also the state, the attorney is arguing points for the other defendant when he's not representing the defendant, which he's not allowed to, which he's not allowed to.
[28:18.320 --> 28:27.320]  Then the city attorney, the city council comes up there and says, no, your honor, I was not trying to represent the defendants.
[28:27.320 --> 28:30.320]  I was just simply stating facts.
[28:30.320 --> 28:36.320]  And I do not represent any defendants except the city of Clarksville.
[28:36.320 --> 28:39.320]  The city of Clarksville is the only one that I represent.
[28:39.320 --> 28:41.320]  And I just want to get that cleared.
[28:41.320 --> 28:44.320]  I was not trying to represent them and all this good stuff.
[28:44.320 --> 28:47.320]  So we go back and forth on some other issues.
[28:47.320 --> 29:03.320]  At the end of the hearing, the judge says, oh, well, we're going to dismiss the case on your car suit against the city.
[29:03.320 --> 29:07.320]  I'm going to dismiss your case against a false imprisonment against the city.
[29:07.320 --> 29:13.320]  Because I guess he said that I did not argue my point well enough.
[29:13.320 --> 29:24.320]  So he said that the city has immunity as far as when they take my cars and immunity from suit for the false imprisonment.
[29:24.320 --> 29:29.320]  Because he also denied it for a failure to state a claim.
[29:29.320 --> 29:31.320]  Then I'm listening.
[29:31.320 --> 29:32.320]  I said, OK, thank you, your honor.
[29:32.320 --> 29:35.320]  And then he's ripping up all the paperwork.
[29:35.320 --> 29:37.320]  I'm like, hold on, your honor.
[29:37.320 --> 29:38.320]  Wait, wait, wait.
[29:38.320 --> 29:39.320]  Hold on.
[29:39.320 --> 29:40.320]  About to go to break.
[29:40.320 --> 29:43.320]  This is Andy Kelton, Rue de la Radio.
[29:43.320 --> 29:46.320]  I call it number 512-646-1984.
[29:46.320 --> 30:04.320]  We'll be right back.
[30:04.320 --> 30:06.320]  Listen up, peanut allergy sufferers.
[30:06.320 --> 30:11.320]  If you eat chocolate, doctors may be able to wing you onto peanuts without a reaction.
[30:11.320 --> 30:12.320]  I'm Dr. Kathryn Albrecht.
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[30:45.320 --> 30:50.320]  If you're allergic and wind up in the hospital for eating just one peanut, have I got sweet news.
[30:50.320 --> 30:55.320]  A careful regimen of chocolate mixed with peanut flour may reduce your allergy.
[30:55.320 --> 31:01.320]  British researchers monitored 22 kids and teenagers with severe peanut reactions.
[31:01.320 --> 31:06.320]  By feeding them chocolate with small but increasing quantities of peanuts over a period of three years,
[31:06.320 --> 31:11.320]  nearly all of the allergy sufferers were able to work their way up to five peanuts a day.
[31:11.320 --> 31:16.320]  If you're allergic to nuts, I'm not sure you'll be eating peanut butter sandwiches anytime soon.
[31:16.320 --> 31:18.320]  But an occasional nut in a cookie?
[31:18.320 --> 31:19.320]  Someday you may.
[31:19.320 --> 31:21.320]  Reese's Peanut Butter Cups, anyone?
[31:21.320 --> 31:23.320]  I'm Dr. Kathryn Albrecht.
[31:23.320 --> 31:26.320]  More news and information at KathrynAlbrecht.com.
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[33:18.320 --> 33:20.320]  Okay, we are back.
[33:20.320 --> 33:26.320]  Randy Kelton, Rule of Law Radio, and we're talking to Olivier in Tennessee.
[33:26.320 --> 33:28.320]  Okay, go ahead, Olivier.
[33:28.320 --> 33:35.320]  Okay, so now he says that he's dismissing the case for the state of claim.
[33:35.320 --> 33:41.320]  I said, well, hold on, I had a motion for auto transport, too.
[33:41.320 --> 33:49.320]  And he said, oh, well, I dismissed the suit against auto transport.
[33:49.320 --> 33:53.320]  Because the city represents auto transport.
[33:53.320 --> 34:07.320]  So they filed and they filed in turn.
[34:07.320 --> 34:19.320]  So just because the, okay, he's saying that even, okay, let's just say just for argument's sake,
[34:19.320 --> 34:27.320]  argue window, let's say the city attorney was representing auto transport.
[34:27.320 --> 34:33.320]  Did the city file an answer for auto transport?
[34:33.320 --> 34:35.320]  No.
[34:35.320 --> 34:37.320]  It makes no difference who he was representing.
[34:37.320 --> 34:40.320]  This is a present to you.
[34:40.320 --> 34:46.320]  This is about as stupid as the judge can get and obviously corrupt.
[34:46.320 --> 34:49.320]  You should file a criminally against him.
[34:49.320 --> 34:52.320]  Okay, I was thinking about what you said last night, right?
[34:52.320 --> 34:54.320]  And then think about what you just said.
[34:54.320 --> 34:55.320]  It's a present to me, right?
[34:55.320 --> 35:01.320]  But I filed several other cases because as I was listening to you before,
[35:01.320 --> 35:04.320]  I was getting the hang of dropping these lawsuits.
[35:04.320 --> 35:08.320]  So I was just writing them up because I realized, hey, I ain't got to pay for it.
[35:08.320 --> 35:10.320]  And if they dismiss it, I'm not paying for it anyway.
[35:10.320 --> 35:12.320]  So I started writing them up.
[35:12.320 --> 35:20.320]  So he got comfortable with suing Spontane and doing all these things to my lawsuits.
[35:20.320 --> 35:23.320]  So I have another lawsuit.
[35:23.320 --> 35:25.320]  I have the lawsuit for my house.
[35:25.320 --> 35:33.320]  So my idea was to run the same game on him with my house.
[35:33.320 --> 35:38.320]  So if he does the same stupid thing again, that will be another present before I start pressing charges
[35:38.320 --> 35:41.320]  because if I go pressing charges and doing all these things,
[35:41.320 --> 35:46.320]  now he's going to realize that he's on the hit list.
[35:46.320 --> 35:49.320]  Well, okay.
[35:49.320 --> 35:52.320]  Okay, at the end of the day.
[35:52.320 --> 35:54.320]  It's only two judges, too.
[35:54.320 --> 36:04.320]  It's only two judges in our courts doing civil circuits.
[36:04.320 --> 36:05.320]  Okay.
[36:05.320 --> 36:12.320]  Why do you want to wait to file criminal charges against the judge?
[36:12.320 --> 36:18.320]  You obviously have an agenda I'm not aware of.
[36:18.320 --> 36:22.320]  Because remember, I have not filed the suit for my house yet
[36:22.320 --> 36:27.320]  because I'm thinking because of what he did, because of the understanding that we have of what he did,
[36:27.320 --> 36:34.320]  it made my case a winning case even if I didn't have the correct issues.
[36:34.320 --> 36:38.320]  So if he felt that comfortable in doing that spraiser act,
[36:38.320 --> 36:46.320]  maybe I could get him to do it again on the inverse condemnation suit that I have on my house.
[36:46.320 --> 36:52.320]  Okay. What is your intended ultimate outcome?
[36:52.320 --> 36:54.320]  On which?
[36:54.320 --> 37:01.320]  At the end of the day, what would be a win for you?
[37:01.320 --> 37:07.320]  At the end of the day, I want, at the end of the day, I wish these suits that I have right now,
[37:07.320 --> 37:12.320]  the false imprisonment, my cars, the inverse condemnation for the cars,
[37:12.320 --> 37:17.320]  the inverse condemnation for the house to go by pretty smooth.
[37:17.320 --> 37:25.320]  So now, because my full intent is to sue him and get every other term as you're talking about.
[37:25.320 --> 37:29.320]  But I figure that if I get compensated for these three suits,
[37:29.320 --> 37:35.320]  then I could spend all day long not doing nothing else but being in their face.
[37:35.320 --> 37:37.320]  Okay.
[37:37.320 --> 37:45.320]  The reason I ask that question, the suit on the house that the city knocked down,
[37:45.320 --> 37:52.320]  I take it that will be the largest suit you have against him?
[37:52.320 --> 38:00.320]  No. Actually, the largest suit is my cars because when it comes to inverse condemnation,
[38:00.320 --> 38:04.320]  you take what they damage and you multiply it by three.
[38:04.320 --> 38:09.320]  They valued my cars at $250,000.
[38:09.320 --> 38:16.320]  So I sued them for $750,000 because that's the triplet amount of it.
[38:16.320 --> 38:19.320]  Oh, okay.
[38:19.320 --> 38:23.320]  My house is only worth $58,000.
[38:23.320 --> 38:28.320]  So you multiply that by three and we're looking at $106,000.
[38:28.320 --> 38:37.320]  That's as much as I'm suing for my BMW because the BMW that they took from the front of my house was $55,000.
[38:37.320 --> 38:41.320]  Since they took that legally, that's multiplied by three.
[38:41.320 --> 38:43.320]  That ended up $155,000.
[38:43.320 --> 38:48.320]  So the highest one is the one where they took the 12 cars.
[38:48.320 --> 38:49.320]  Okay.
[38:49.320 --> 39:00.320]  The place I'm trying to get to here is do you want to beat up the judge or do you want to get a positive ruling?
[39:00.320 --> 39:04.320]  I want to get a positive ruling because I want to get a positive ruling on these three cases
[39:04.320 --> 39:11.320]  because I have 13 or 15 more other cases that I could start filing,
[39:11.320 --> 39:21.320]  which go to straightly penalizing judges and cities and statutes and what's it called, procedures.
[39:21.320 --> 39:28.320]  I have all these things waiting here to learn how to write them, but I'm still stuck litigating these three.
[39:28.320 --> 39:37.320]  I want these three to go away so I can get my income, not to focus on all these judicial wrongs that they're doing.
[39:37.320 --> 39:41.320]  I can't, if I'm broke and hungry, I can't focus.
[39:41.320 --> 39:45.320]  Yeah, I understand.
[39:45.320 --> 39:53.320]  Okay, you may be in a good position because the judge is really, really outrageous.
[39:53.320 --> 40:00.320]  If you start filing criminal charges against the judge, he's going to get more careful.
[40:00.320 --> 40:01.320]  Exactly.
[40:01.320 --> 40:03.320]  I don't want him more careful.
[40:03.320 --> 40:06.320]  Okay.
[40:06.320 --> 40:10.320]  So you want to give him every opportunity to screw up.
[40:10.320 --> 40:12.320]  Right.
[40:12.320 --> 40:21.320]  He's su-espontade two other cases already, which I already have, including these, that's a whole bunch.
[40:21.320 --> 40:28.320]  Okay, are you watching your appeal clock?
[40:28.320 --> 40:31.320]  For the one that he's su-espontade already?
[40:31.320 --> 40:33.320]  Yes.
[40:33.320 --> 40:39.320]  I can't appeal, I think it went past the 30-day mark.
[40:39.320 --> 40:45.320]  What he did was he su-espontaged some defendants off the case.
[40:45.320 --> 40:51.320]  Okay, so you don't have a final adjudication in the case yet?
[40:51.320 --> 40:52.320]  No.
[40:52.320 --> 40:53.320]  Okay, good.
[40:53.320 --> 40:57.320]  You just don't want to let that date get by.
[40:57.320 --> 41:07.320]  Wait a minute, so wait, are you telling me that appeal only, the time starts running only on the final adjudication?
[41:07.320 --> 41:09.320]  Yes.
[41:09.320 --> 41:15.320]  So that means I could wait until some type of final adjudication happens on that case
[41:15.320 --> 41:22.320]  and then bring up the argument that he dismissed defendants off that case su-espontade
[41:22.320 --> 41:25.320]  even though it was 30 days before that time?
[41:25.320 --> 41:28.320]  Okay.
[41:28.320 --> 41:36.320]  You can, in this case, you could file an interlocutory appeal,
[41:36.320 --> 41:41.320]  but an interlocutory appeal is an extraordinary remedy.
[41:41.320 --> 41:52.320]  You don't have to, and the clock is not running on any of the judge's decisions until you get a final adjudication.
[41:52.320 --> 41:56.320]  And a dismissal is a final adjudication?
[41:56.320 --> 42:03.320]  No, a complete dismissal of the entire suit is a final adjudication.
[42:03.320 --> 42:15.320]  A dismissal of one or two litigants is not a final adjudication of the case.
[42:15.320 --> 42:16.320]  Okay.
[42:16.320 --> 42:26.320]  If you've got 20 litigants and some of them get dismissed, you could be filing appeal after appeal after appeal after appeal,
[42:26.320 --> 42:29.320]  and the courts don't want you doing that.
[42:29.320 --> 42:33.320]  You don't file an appeal, the thing is done.
[42:33.320 --> 42:36.320]  And then you make all your claims at once.
[42:36.320 --> 42:43.320]  So yeah, you don't have to worry about those until you get a final adjudication on the case.
[42:43.320 --> 42:51.320]  Okay. But he dismissed the case on the towing company in the city, so that means I can move for appeal on that case.
[42:51.320 --> 42:57.320]  You can move for interlocutory appeal, but it's not necessary.
[42:57.320 --> 43:05.320]  Wait a minute, it depends on whether, yes, that's a dispositive ruling,
[43:05.320 --> 43:12.320]  so you should have a right to interlocutory appeal, but it's not necessary to do that yet.
[43:12.320 --> 43:14.320]  No, I mean a normal appeal.
[43:14.320 --> 43:22.320]  Yeah, a normal appeal, you can't do that until the whole case is dismissed.
[43:22.320 --> 43:24.320]  Okay. Yeah. Okay.
[43:24.320 --> 43:35.320]  So yes, the case on my car should be dismissed because he dismissed the suit against the city and the towing company.
[43:35.320 --> 43:40.320]  So if those are all of the litigants, then that's a final determination.
[43:40.320 --> 43:42.320]  Hang on, back to go to break.
[43:42.320 --> 43:44.320]  Randy Kelton, Rue Le Blanc radio.
[43:44.320 --> 43:46.320]  We'll be right back.
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[46:23.320 --> 46:29.320]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Olivier in Tennessee.
[46:29.320 --> 46:39.320]  Okay, so you have, in the one case, do you have all of the claims dismissed?
[46:39.320 --> 46:46.320]  Yeah, that's what he said. He said he's dismissing the case against the defendant.
[46:46.320 --> 46:59.320]  He's claiming that the city represents them because they acted under the city's authority.
[46:59.320 --> 47:12.320]  So he's dismissing the claim because he awarded the city their motion and dismissed my case on the city's motion and included the defendant.
[47:12.320 --> 47:28.320]  Okay, check your rules of appellate procedure and see if there is a statutory requirement to petition the court for a new trial.
[47:28.320 --> 47:37.320]  In some states, you have a requirement to do that. You certainly have a requirement to do it in the Fed.
[47:37.320 --> 47:40.320]  Petition for a new trial?
[47:40.320 --> 47:49.320]  Yeah, petition for a new trial. You want to tell the judge that you actually prepare findings, facts, and conclusions at law.
[47:49.320 --> 47:58.320]  You say, here are the facts, here's the law that applies to those facts, and this is the conclusion you should have came to
[47:58.320 --> 48:15.320]  and ask the judge to reconsider his order and based on this information. And in the alternative, ask the court for findings of fact and conclusions at law.
[48:15.320 --> 48:25.320]  So, since you just dismissed, now I want you to tell me the facts and the law on which you based your dismissal.
[48:25.320 --> 48:36.320]  It doesn't matter what he does. You really need him to give you facts and law so you know precisely how he ruled.
[48:36.320 --> 48:44.320]  Once you've done that, when you file the motion for reconsideration, it stops the appeal clock.
[48:44.320 --> 48:56.320]  And generally, it goes up to 90 days. Once he denies your motion, then the clock starts back on appeal, and then you give notice of appeal.
[48:56.320 --> 49:02.320]  And generally, you'll have another 60 to 90 days to file your appeal.
[49:02.320 --> 49:14.320]  Okay, I understand that. But I was going to try to get them on the service part. They did not serve it. They did not provide an answer to the court.
[49:14.320 --> 49:17.320]  That's an automatic default judgment by the court.
[49:17.320 --> 49:24.320]  Yeah. Generally, you have a statutory right to default judgment.
[49:24.320 --> 49:33.320]  Okay. Wouldn't that be faster? Wouldn't that go up to the appeal court and let them dance?
[49:33.320 --> 49:41.320]  No. Not if the appeals court requires that you file a motion for a new trial.
[49:41.320 --> 49:47.320]  You need to look in the Rules of Appellate Procedure under perfecting appeal.
[49:47.320 --> 49:50.320]  Perfecting appeal. Okay.
[49:50.320 --> 49:58.320]  It may require that you ask for a new trial in order to perfect your appeal, and you can't appeal until you've done that.
[49:58.320 --> 50:02.320]  So make sure that's not a requirement in Tennessee.
[50:02.320 --> 50:07.320]  Well, last time you told me to do that, I did that in front of this judge.
[50:07.320 --> 50:16.320]  And he got upset at me and told me that I'm not supposed to ask for a new trial. I'm supposed to appeal it.
[50:16.320 --> 50:29.320]  Nonsense. Let me look in Tennessee law. If that's the case, then that's different from every other state that I've ever looked at.
[50:29.320 --> 50:48.320]  Yeah. He said the proper remedy to me denying or dismissing your case is appealing it to the appeals court, not amending for a new trial.
[50:48.320 --> 51:01.320]  Okay. Let's see. It says under 50.05, motion for new trial not necessary after directed verdict. But this wasn't a directed verdict.
[51:01.320 --> 51:23.320]  5907, motions for new trial. A new trial may be granted to all or any of the parties and all or part of the issues in an action in which there has been a trial by jury or for any of the reasons for which new trials have heretofore been granted.
[51:23.320 --> 51:28.320]  This is a motion for new trial after a jury.
[51:28.320 --> 51:34.320]  Okay. Yeah, we didn't even get that far yet. He just so-sponsored it.
[51:34.320 --> 51:35.320]  Okay.
[51:35.320 --> 51:44.320]  To dismiss them. That's what it falls under. And then they're not allowed to involuntary just because they live against it.
[51:44.320 --> 51:56.320]  What I want to look at is perfecting appeal. Tennessee appeal, this is rule 37. It would take too long to go through all this.
[51:56.320 --> 52:12.320]  Yeah. Yeah, I'm not finding the right one. But you need to check to make sure that it's not required. You certainly have a right to ask for a new trial and him telling you that's improper is just horseman to order.
[52:12.320 --> 52:14.320]  Well, he denied it.
[52:14.320 --> 52:27.320]  Well, he can do that. Okay. In order for an attorney to perfect an appeal of a certified question, the attorney must be certain that the application not to take too long.
[52:27.320 --> 52:36.320]  I thought I had an easy answer there, but I don't. But look under rule 37 of the rules of appellate procedure.
[52:36.320 --> 52:37.320]  Rule 37.
[52:37.320 --> 52:57.320]  Oh, wait a minute. I'm sorry. I'm looking and this is rules of, yeah, rule 37 appeal. And that gives the rules. It's too long for me to read on the air, but that should tell you what you need.
[52:57.320 --> 53:11.320]  Okay. It looks like this is this rule is under criminal appeal instead of civil. So it may not be the right one.
[53:11.320 --> 53:22.320]  And all the other appeals that I read, I've never seen anyone.
[53:22.320 --> 53:28.320]  Did I lose you?
[53:28.320 --> 53:31.320]  Do you still there?
[53:31.320 --> 53:33.320]  No, we lost Olivia.
[53:33.320 --> 53:39.320]  Okay. Maybe he'll call back. We're going to go to Barrett in Arizona.
[53:39.320 --> 53:45.320]  Hello, Barrett.
[53:45.320 --> 53:49.320]  Maybe it wasn't Olivia that got lost.
[53:49.320 --> 54:02.320]  Maybe it was me.
[54:02.320 --> 54:05.320]  I don't know. Okay.
[54:05.320 --> 54:15.320]  Robert, am I still on the air? I don't, I'm not getting anything back. I'm not sure if it was Olivia that dropped or if it was me that dropped.
[54:15.320 --> 54:21.320]  Okay. I'm on. Okay. Sorry, guys. I wasn't getting any sound back. Barrett, are you there?
[54:21.320 --> 54:30.320]  It looks like Barrett's not there either. So it's kind of confusing. I wasn't sure if it was Olivia that dropped or if it was me. Okay, Olivia, you back up?
[54:30.320 --> 54:31.320]  Yes, I'm here.
[54:31.320 --> 54:39.320]  Okay, good.
[54:39.320 --> 54:47.320]  Okay. The only thing left on that is to just check the rules on perfecting an appeal.
[54:47.320 --> 54:59.320]  I'm looking at Rule 3, appeal as of right, availability method, rules of appellate procedure. I'm in the right place this time.
[54:59.320 --> 55:09.320]  Affability of appeal. I don't see anything here on perfecting appeal, but read the rules of appellate procedure.
[55:09.320 --> 55:16.320]  There will be one of them that goes to perfecting your appeal.
[55:16.320 --> 55:21.320]  Okay.
[55:21.320 --> 55:32.320]  Yeah, I'm looking to see the appendix. I don't see anything here labeled perfecting appeal, but it's probably in there somewhere. Okay. Anything else, Olivia?
[55:32.320 --> 55:36.320]  The fees. You told me that the
[55:36.320 --> 55:50.320]  I should not have to pay for anything. They still charged me for records and copies. They said that the agency only accounted for the filing fee.
[55:50.320 --> 55:55.320]  I'm not sure. I'd have to restate. That would be specific to Tennessee law.
[55:55.320 --> 55:59.320]  Okay. All right.
[55:59.320 --> 56:01.320]  Specific to Tennessee law.
[56:01.320 --> 56:24.320]  In some states, you have to pay for every motion you file. I think Colorado, I think it was like 250 bucks to file a motion.
[56:24.320 --> 56:45.320]  Yeah, I thought that was excessive.
[56:45.320 --> 57:10.320]  Okay.
[57:10.320 --> 57:38.320]  That's all. As long as you've got, they're going to look for a way out of this because the courts don't like you suing public officials.
[57:38.320 --> 58:06.320]  Okay.
[58:06.320 --> 58:35.320]  All right.
[58:35.320 --> 59:03.320]  Okay.
[59:03.320 --> 59:32.320]  All right.
[59:32.320 --> 01:00:00.320]  All right.
[01:00:00.320 --> 01:00:28.320]  All right.
[01:00:28.320 --> 01:00:56.320]  All right.
[01:00:56.320 --> 01:01:24.320]  All right.
[01:01:24.320 --> 01:01:52.320]  All right.
[01:01:52.320 --> 01:02:20.320]  All right.
[01:02:20.320 --> 01:02:48.320]  All right.
[01:02:48.320 --> 01:03:16.320]  All right.
[01:03:16.320 --> 01:03:26.320]  Okay, we are back. Randy Kelkin, Rule of Law Radio, and we're talking to John in Texas. Go ahead, John.
[01:03:26.320 --> 01:03:51.320]  Yeah, I'm trying to figure out on a speeding ticket where they didn't write the, they just wrote the charge as speeding, but they didn't write the code section. And then when I asked the officer in court, because we're going to trial de novo now. So at the last trial, I asked him what specific charge he charged me with and what, you know, the code section for it.
[01:03:51.320 --> 01:04:07.320]  And he said, well, speeding. And I said, well, what's the, you know, where is it at in the book? And he said, it's in several places. So, and I remember last time when I was talking to you, you said that I hadn't officially been charged or something like that.
[01:04:07.320 --> 01:04:26.320]  Right. You have a right to be notified of the, be advised of the charges against you. And speeding doesn't give you enough information to determine what the elements of the offense are.
[01:04:26.320 --> 01:04:34.320]  So they never actually charged you with anything other than going too fast. So what does that mean?
[01:04:34.320 --> 01:04:43.320]  So you file a, a, okay, you're in the, okay, you're in the county court now and it's trial de novo.
[01:04:43.320 --> 01:04:44.320]  Yeah.
[01:04:44.320 --> 01:04:49.320]  I'm going to suggest that you take a little different approach.
[01:04:49.320 --> 01:04:50.320]  Okay.
[01:04:50.320 --> 01:05:04.320]  In order for them to charge you first, okay. Let me take a step back. Was this a DPS officer, county sheriff or municipal police officer?
[01:05:04.320 --> 01:05:08.320]  It was a county constable.
[01:05:08.320 --> 01:05:23.320]  A county constable. Well, that's good. Okay. Let me pull up a document here that I can reference since we're, we're in Texas.
[01:05:23.320 --> 01:05:45.320]  Only certain people are authorized to enforce the transportation code. So the first thing you want to do is ask the, find out from the officer what his authority is to enforce the traffic code.
[01:05:45.320 --> 01:06:02.320]  I asked him, just so you know, I asked him about 644.101 and 701.001. I sent him a letter asking about those and he responded back saying he doesn't have any of those documents that I'm referring to.
[01:06:02.320 --> 01:06:09.320]  Oh, wonderful. Now did you send that to the police officer or to the agency?
[01:06:09.320 --> 01:06:19.320]  I sent that, I sent that to the county constable and he responded to me personally in a letter with that response.
[01:06:19.320 --> 01:06:40.320]  And when I asked him about it in court, that's when the DA threw a huge fit and objected and said that I'm going off of the commercial code and that has to do with tractor trailers and that I'm trying to mislead the jury.
[01:06:40.320 --> 01:06:54.320]  So that's, I think that's easy enough. You say, okay, Mr. Your Honor, ask the prosecutor to unmislead the jury.
[01:06:54.320 --> 01:07:02.320]  Just exactly what code is officer enforcing.
[01:07:02.320 --> 01:07:17.320]  I don't know what it is. But here, the only one I know of is the Texas Transportation Code. Is the office, is the constable enforcing something other than the Texas Transportation Code?
[01:07:17.320 --> 01:07:20.320]  Right. Okay.
[01:07:20.320 --> 01:07:37.320]  These are things you can bring before a jury, but you really want to, you need to do this in filings. You certainly don't want to ask this information from the officer because they generally don't know squat.
[01:07:37.320 --> 01:07:44.320]  I have a challenge to subject matter jurisdiction.
[01:07:44.320 --> 01:07:50.320]  If you'll send me an email, I'll send that to you.
[01:07:50.320 --> 01:08:00.320]  So that was the other question I had. Is there a code section or a code where I would look up to find, because I know it goes to the original court.
[01:08:00.320 --> 01:08:22.320]  So is there a law that you know of off the top of your head that would be what I would quote as the law that, because I'm pretty sure that judge or the JP that I would ask about the subject matter jurisdiction would probably write something back saying, well, you've already appealed or you're going to trial the Novo.
[01:08:22.320 --> 01:08:27.320]  So that's out of my hands now. So I'd like to quote that to them.
[01:08:27.320 --> 01:08:40.320]  Okay. This is a class C misdemeanor and a class C misdemeanor means that you don't have a right in that court to discovery.
[01:08:40.320 --> 01:08:50.320]  So discovery cannot be construed as supplanting the open records act or the open government act.
[01:08:50.320 --> 01:09:01.320]  So make your requests under 552 government code. Okay. He violates that one as a class A misdemeanor.
[01:09:01.320 --> 01:09:17.320]  Okay. Okay. And what you want to see is their certification as contemplated by Texas transportation code 644.101 certification of peace officers.
[01:09:17.320 --> 01:09:30.320]  The department shall establish procedures, including training. And when they say department here, they're referring to the department of transportation, the department of public safety.
[01:09:30.320 --> 01:09:42.320]  The department shall establish procedures, including training for the certification of municipal police officers, sheriffs and deputy sheriffs to enforce this chapter.
[01:09:42.320 --> 01:09:50.320]  Your constable, which one of those categories do you fall under?
[01:09:50.320 --> 01:09:59.320]  And that should go, I should send that because he don't. So I should send that the original JP court or should I send that?
[01:09:59.320 --> 01:10:07.320]  No, no, you're out of the JP court. Once you've filed a notice of appeal, the JP court loses plenary jurisdiction. He's history.
[01:10:07.320 --> 01:10:27.320]  Okay. So you send your information request to the JP court. Okay. So this clearly says municipal police officers, sheriffs and deputy sheriffs doesn't say anything about a constable.
[01:10:27.320 --> 01:10:36.320]  A police officer of any of the following municipalities can apply for certification under this section. None of those apply.
[01:10:36.320 --> 01:10:46.320]  Yeah. And that's why whenever he threw a huge fit and said I was trying to mislead the jury, he's going to get a bar complaint against that.
[01:10:46.320 --> 01:10:47.320]  Good.
[01:10:47.320 --> 01:10:55.320]  Because I think it hurt my taste. And it was my fault for not knowing how to respond to that.
[01:10:55.320 --> 01:11:07.320]  That's okay. This is how we, this is how I learned. Yeah. I kicked in the teeth and then I go do my research and next time I'm ready for it.
[01:11:07.320 --> 01:11:20.320]  Yeah. Well, so, okay. So, so I should send this information request for 644-101 to the county court now or to the JP court?
[01:11:20.320 --> 01:11:28.320]  County court. JP court has, oh, wait a minute. Hold on. The information request, you can send those to anybody.
[01:11:28.320 --> 01:11:34.320]  Okay. So, so I should send that information request to the original, the JP court.
[01:11:34.320 --> 01:11:51.320]  Yes. You should, yes. If you write, and looking at this code, you should send an information request to the constable. No, you already have it from the constable.
[01:11:51.320 --> 01:11:54.320]  He sent that and he already said he don't have it.
[01:11:54.320 --> 01:12:08.320]  Okay. So, you move to, so this gets a motion to dismiss for lack of subject matter jurisdiction because the officer lacked authority to enforce the code.
[01:12:08.320 --> 01:12:11.320]  Okay. And so that would go to the JP court or the?
[01:12:11.320 --> 01:12:21.320]  No, nothing goes to the JP court concerning the case now. The JP court has no jurisdiction of any kind.
[01:12:21.320 --> 01:12:27.320]  All right. Okay. I got you. Okay. So, so I would send that directly to the county court.
[01:12:27.320 --> 01:12:43.320]  And then, so should I just do the 644-101 because also 701.001 is about, you know, the commissioners can only appoint the five officers in a county under 2 million.
[01:12:43.320 --> 01:13:12.320]  This county is way under 2 million. Yes. Well, this won't, they can't get that far because 644-001 paragraph B, I'm sorry, paragraph A, the department shall establish procedures including training for the certification of municipal police officers, sheriffs, and deputy sheriffs.
[01:13:12.320 --> 01:13:23.320]  What is not included is excluded. Constables are not included in this list. They cannot be certified.
[01:13:23.320 --> 01:13:46.320]  Okay. All right. So that, so they're just dead in the water right there. Going to, if you go to these others, then that kind of way, I guess you probably should argue this anyway in case they rule against the first one.
[01:13:46.320 --> 01:14:06.320]  Okay. Then argue that, argue window in the alternative, even if it were construed that a constable could be certified to enforce the transportation code.
[01:14:06.320 --> 01:14:13.320]  In this case, he can't because the county's not big enough.
[01:14:13.320 --> 01:14:31.320]  Right. Okay. All right. That makes sense. And then, okay. So I should, I can do all that in one motion and then, all right. So, I mean, just off the top of your head, you never know what they're going to do, but you think they're going to try to find some way to deny that motion?
[01:14:31.320 --> 01:14:50.320]  Oh, absolutely. And they're going to go to great effort to deny that motion because what they're saying is, is these arguments you're making about who is certified, they're saying is valid.
[01:14:50.320 --> 01:15:07.320]  Here's what they tend to believe. They believe that every officer can enforce the transportation code, but only certain officers can be designated DOT officers.
[01:15:07.320 --> 01:15:21.320]  And those officers are the ones that pull over the big trucks and they're trained in all the inspection procedures for trucks and such, and they think there's a difference.
[01:15:21.320 --> 01:15:24.320]  Their traffic unit is what they say.
[01:15:24.320 --> 01:15:33.320]  Yeah. Well, where is that in code? Where is a traffic unit authorized to enforce the transportation code?
[01:15:33.320 --> 01:15:45.320]  Okay. Yeah, well, it's not there. It goes to a rule. Never make a proactive statement of law out of your own mouth.
[01:15:45.320 --> 01:15:59.320]  Never accept a proactive statement of law out of the mouth of anyone other than the legislature or the appeals of Supreme Court.
[01:15:59.320 --> 01:16:05.320]  So when a lawyer says that it's a traffic unit, what is a traffic unit?
[01:16:05.320 --> 01:16:08.320]  And where does it add in the code section?
[01:16:08.320 --> 01:16:15.320]  Yeah. Where does the law authorize a traffic unit to enforce the transportation code?
[01:16:15.320 --> 01:16:26.320]  Gotcha. So when the judge tries to deny it, it would be a lawsuit against them for that or what would...
[01:16:26.320 --> 01:16:39.320]  No, no. Okay. You do this all through appeal. Hang on. We're about to go to break. I hear the music, but I got my deal hidden.
[01:16:39.320 --> 01:16:43.320]  There we go. I had my clock hidden. Hang on. We're about to go to break.
[01:16:43.320 --> 01:16:59.320]  Randy Kelton, Wheel of Life Radio. We'll be right back.
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[01:19:12.320 --> 01:19:14.320]  Oh, come on.
[01:19:21.320 --> 01:19:23.320]  Okay, we are back.
[01:19:23.320 --> 01:19:25.320]  Randy Kelton, the rule of law radio.
[01:19:25.320 --> 01:19:28.320]  And I'm talking to John in Texas.
[01:19:28.320 --> 01:19:33.320]  John, are you up to a little brainstorming?
[01:19:33.320 --> 01:19:36.320]  Yeah, I'm always down for that.
[01:19:36.320 --> 01:19:38.320]  Okay.
[01:19:38.320 --> 01:19:48.320]  In doing this all this time and looking for remedies, kind of coming across some ideas that are a little bit out of the box.
[01:19:48.320 --> 01:20:01.320]  We know that when we go to traffic courts and when we appeal to the county court that both of those entities have a very strong incentive to rule against us.
[01:20:01.320 --> 01:20:04.320]  Because they make a lot of money.
[01:20:04.320 --> 01:20:09.320]  You know, traffic is essentially an unauthorized tax.
[01:20:09.320 --> 01:20:11.320]  They make a fortune in traffic.
[01:20:11.320 --> 01:20:22.320]  So both courts are going to be reluctant to give you a ruling that would interfere with their dollar flow.
[01:20:22.320 --> 01:20:28.320]  So I'm looking at it going at this another way.
[01:20:28.320 --> 01:20:36.320]  One thing in looking at the suit, you want to do the state and the Fed and the Fed and the state.
[01:20:36.320 --> 01:20:41.320]  How do we get this court to the Fed?
[01:20:41.320 --> 01:20:47.320]  Primary way to get them to the Fed is a procedural due process violation.
[01:20:47.320 --> 01:20:54.320]  But how do we get them to one that undermines their whole scheme?
[01:20:54.320 --> 01:21:02.320]  You go to the court with facts and law that are definitive.
[01:21:02.320 --> 01:21:05.320]  The judge rules against you anyway.
[01:21:05.320 --> 01:21:07.320]  You say, that's OK.
[01:21:07.320 --> 01:21:08.320]  You don't like it.
[01:21:08.320 --> 01:21:11.320]  You can't sue me, but you can appeal.
[01:21:11.320 --> 01:21:13.320]  And I'm saying, wait a minute.
[01:21:13.320 --> 01:21:22.320]  The judge has a duty to determine the facts in accordance with the rules of evidence that apply the laws that come to him to the facts in the case.
[01:21:22.320 --> 01:21:31.320]  If he fails to do that, the way I read the penal code, that's a crime in the state of Texas.
[01:21:31.320 --> 01:21:40.320]  Sure, you can't sue him, but judge has no immunity from criminal behavior.
[01:21:40.320 --> 01:21:52.320]  And if you can couch that claim in terms of ongoing criminal conspiracy,
[01:21:52.320 --> 01:22:10.320]  judges routinely fail to apply law for the purpose of collecting money from citizens in violation of due course.
[01:22:10.320 --> 01:22:17.320]  This goes right to Rico.
[01:22:17.320 --> 01:22:27.320]  So one of the things that I always want to do when I start in a case, I want to know where I want to end up.
[01:22:27.320 --> 01:22:29.320]  Somebody asked me to help them in their case.
[01:22:29.320 --> 01:22:34.320]  If you listen to my show much, you've heard me ask that a number of times.
[01:22:34.320 --> 01:22:40.320]  What, at the end of the day, for you would be an equitable outcome?
[01:22:40.320 --> 01:22:42.320]  Where do you want to go to?
[01:22:42.320 --> 01:22:52.320]  Once you know where you're going, that dramatically changes how you adjudicate the case in order to get there.
[01:22:52.320 --> 01:23:02.320]  So the end result would be to, I mean, I've already spent way more than, I could have just paid the ticket and spent way less.
[01:23:02.320 --> 01:23:04.320]  That doesn't even count my time.
[01:23:04.320 --> 01:23:09.320]  So I mean, it would be best if it would shut them down, but it's not going to.
[01:23:09.320 --> 01:23:14.320]  So it would be nice to, yeah, I mean, I don't think anyone's going to go to jail.
[01:23:14.320 --> 01:23:19.320]  So I guess believe them of as much money as possible wouldn't be a bad thing.
[01:23:19.320 --> 01:23:33.320]  Yeah, well, my purpose in all of this is solely to force my public officials to follow my law.
[01:23:33.320 --> 01:23:44.320]  If I go in and under my law, I get my butt kicked, I have no complaint just so long as they follow it.
[01:23:44.320 --> 01:23:49.320]  So when they don't follow it, how do we fix it?
[01:23:49.320 --> 01:23:54.320]  And that was my question for you, because this is just a traffic ticket.
[01:23:54.320 --> 01:23:56.320]  What do you want to do?
[01:23:56.320 --> 01:23:59.320]  It's not about putting money in my pocket.
[01:23:59.320 --> 01:24:01.320]  It's about what you just said.
[01:24:01.320 --> 01:24:08.320]  I mean, I don't even know if this is just a sidebar, but the last trial, they tried to start it without me.
[01:24:08.320 --> 01:24:13.320]  I was supposed to be there at 10 for the trial, and they called me at 855 in the morning and said,
[01:24:13.320 --> 01:24:15.320]  oh, the jury is here ready for you.
[01:24:15.320 --> 01:24:17.320]  What are you waiting, why aren't you here?
[01:24:17.320 --> 01:24:24.320]  And I don't know if that was a trick or if they're just, they screwed something up, but it was that thing.
[01:24:24.320 --> 01:24:25.320]  That was a trick.
[01:24:25.320 --> 01:24:31.320]  If they hadn't got a hold of you, they would have charged you with failure to appear.
[01:24:31.320 --> 01:24:33.320]  These guys are scoundrels.
[01:24:33.320 --> 01:24:36.320]  They need somebody kicking them back.
[01:24:36.320 --> 01:24:40.320]  Did you listen to the beginning of the show?
[01:24:40.320 --> 01:24:43.320]  No, I had to be at work until 10.
[01:24:43.320 --> 01:24:44.320]  Okay.
[01:24:44.320 --> 01:24:53.320]  I went to the grand jury yesterday and gave them criminal charges against my district judge.
[01:24:53.320 --> 01:24:58.320]  I went to challenge the grand jury pool.
[01:24:58.320 --> 01:25:00.320]  Now, I had no reason.
[01:25:00.320 --> 01:25:02.320]  Nobody asked me why.
[01:25:02.320 --> 01:25:09.320]  And if somebody had asked me why, I would have told them entertainment.
[01:25:09.320 --> 01:25:12.320]  I want to challenge it just because I can.
[01:25:12.320 --> 01:25:17.320]  The law says I can, and I want to just to see how it works out for me.
[01:25:17.320 --> 01:25:19.320]  But nobody asked me why.
[01:25:19.320 --> 01:25:23.320]  The judge impaneled the grand jury without giving me opportunity to challenge.
[01:25:23.320 --> 01:25:30.320]  And when he came down off the bench, I told him he needs to bring that grand jury back in here, disband him,
[01:25:30.320 --> 01:25:38.320]  reconvene the pool, and give me opportunity to challenge the pool, and then re-impanel a grand jury.
[01:25:38.320 --> 01:25:42.320]  And he refused and threatened to have me arrested.
[01:25:42.320 --> 01:25:48.320]  Told him, excuse me, I threatened him when I said I need to take this to Travis County.
[01:25:48.320 --> 01:25:51.320]  And he told the bailiff to arrest me for threatening him.
[01:25:51.320 --> 01:25:54.320]  The bailiff come over and put his hand on my arm.
[01:25:54.320 --> 01:25:58.320]  I looked down at the hand, then I looked down at his pistol.
[01:25:58.320 --> 01:26:01.320]  I said, Mr. Bailiff, I see you're wearing a pistol.
[01:26:01.320 --> 01:26:03.320]  Yes, Mr. Kelton, I am.
[01:26:03.320 --> 01:26:05.320]  Tell me, Mr. Bailiff, is that pistol loaded?
[01:26:05.320 --> 01:26:07.320]  Yes, it is.
[01:26:07.320 --> 01:26:09.320]  And then the judge, he got it.
[01:26:09.320 --> 01:26:14.320]  He knew something was going on because I wasn't acting frightened or concerned.
[01:26:14.320 --> 01:26:19.320]  So he knew I had something planned, and he told the bailiff to back down.
[01:26:19.320 --> 01:26:26.320]  Sorry, Bubba, that bell's already been rung.
[01:26:26.320 --> 01:26:39.320]  In 2202 Texas Penal Code, if a person commits a simple assault under 2201, offensive touching, offensive speech,
[01:26:39.320 --> 01:26:46.320]  and the person is prominently displaying a deadly weapon, that's a felony of the second degree,
[01:26:46.320 --> 01:26:53.320]  unless the person is a public official acting under the color of an official capacity,
[01:26:53.320 --> 01:26:57.320]  in which case it's a felony of the first degree.
[01:26:57.320 --> 01:27:04.320]  Now, the bailiff did not commit first degree felony aggravated assault against me.
[01:27:04.320 --> 01:27:10.320]  The judge committed first degree felony aggravated assault against me.
[01:27:10.320 --> 01:27:16.320]  And I guarantee you, he didn't see that one coming.
[01:27:16.320 --> 01:27:22.320]  My point is, let's look at what we're going to do here.
[01:27:22.320 --> 01:27:29.320]  Try to anticipate what you expect the judge to do improperly,
[01:27:29.320 --> 01:27:39.320]  and how do you set him up so that you can have all of the elements in place where you can sting him good?
[01:27:39.320 --> 01:27:48.320]  And from my perspective, the more nitpicking it is, the more minute it is, the better.
[01:27:48.320 --> 01:27:57.320]  When the judge gets hammered and says, I didn't see that coming, that's going to terrify these judges.
[01:27:57.320 --> 01:28:05.320]  This judge here, I can assure you, every judge in the state of Texas is going to see my pleading.
[01:28:05.320 --> 01:28:11.320]  And they are not going to be happy campers, because they're used to pushing people around.
[01:28:11.320 --> 01:28:17.320]  They're used to using their bailiffs as their own personal brown shirts.
[01:28:17.320 --> 01:28:20.320]  Well, let's see how that works for you.
[01:28:20.320 --> 01:28:32.320]  But here in this traffic case, it's not that we want the judge prosecuted or we want anything bad to happen to him.
[01:28:32.320 --> 01:28:44.320]  We want him to see a light coming at him and be certain that's a train coming down the tunnel at him.
[01:28:44.320 --> 01:28:51.320]  Then if he wins in the end, he dodged the bullet.
[01:28:51.320 --> 01:28:55.320]  And it's more than just this judge.
[01:28:55.320 --> 01:29:03.320]  If you set this judge up and walk him right into a situation you want him in and then nail him with it,
[01:29:03.320 --> 01:29:07.320]  every judge in the state is going to find out about it.
[01:29:07.320 --> 01:29:12.320]  Have you heard my hearing aid story?
[01:29:12.320 --> 01:29:14.320]  No, no.
[01:29:14.320 --> 01:29:18.320]  A friend of mine, we're helping people stop foreclosures.
[01:29:18.320 --> 01:29:23.320]  I got a case with someone I'm trying to stop, and David, a friend of mine, has got another one.
[01:29:23.320 --> 01:29:28.320]  David comes up first. This is Judge Hayes in Matsfield.
[01:29:28.320 --> 01:29:33.320]  And David goes up to have his case, and I go up and stand at the bar and just stand there.
[01:29:33.320 --> 01:29:36.320]  Finally, the judge looked up and he said, can I help you?
[01:29:36.320 --> 01:29:40.320]  I said, yes, Your Honor, my name is Randy Kelkin, and I have a hearing deficiency.
[01:29:40.320 --> 01:29:43.320]  Well, Mr. Kelkin, just what's wrong with your hearing?
[01:29:43.320 --> 01:29:47.320]  Oh, Judge, uh, okay, I'm going to break.
[01:29:47.320 --> 01:29:49.320]  That's not what I told the judge.
[01:29:49.320 --> 01:29:51.320]  I'll get this when I come back to you in like this.
[01:29:51.320 --> 01:30:02.320]  Randy Kelkin, Wheel of Law Radio, we'll be right back.
[01:30:02.320 --> 01:30:04.320]  Move over Nielsen ratings.
[01:30:04.320 --> 01:30:11.320]  The light meters that measure home electricity consumption can now analyze everything you watch on your TV or DVD player.
[01:30:11.320 --> 01:30:15.320]  I'm Dr. Catherine Albrecht, and I'll be back in a moment to tell you how.
[01:30:15.320 --> 01:30:17.320]  Privacy is under attack.
[01:30:17.320 --> 01:30:20.320]  When you give up data about yourself, you'll never get it back again.
[01:30:20.320 --> 01:30:25.320]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.320 --> 01:30:30.320]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.320 --> 01:30:33.320]  Privacy, it's worth hanging on to.
[01:30:33.320 --> 01:30:40.320]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:40.320 --> 01:30:44.320]  Start over with Startpage.
[01:30:44.320 --> 01:30:51.320]  New smart electric meters transmit data that can tell the power company whether you cook with a microwave, oven, or grill.
[01:30:51.320 --> 01:30:52.320]  Creepy.
[01:30:52.320 --> 01:30:57.320]  Now a new study shows smart meters could also tell your electric company what you're watching on TV.
[01:30:57.320 --> 01:31:04.320]  Researchers at Germany's Munster University say that spying smart meters can be used to create TV viewer profiles.
[01:31:04.320 --> 01:31:12.320]  By analyzing the power spikes associated with light and dark passages of a film, the power company could decipher what your TV is playing.
[01:31:12.320 --> 01:31:14.320]  That's not smart at all.
[01:31:14.320 --> 01:31:20.320]  Power companies should stick to selling electricity, not collecting details of what we do in our own homes.
[01:31:20.320 --> 01:31:23.320]  It's time to pull the plug on that bad idea.
[01:31:23.320 --> 01:31:29.320]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:29.320 --> 01:31:35.320]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.320 --> 01:31:37.320]  The government says that fire brought it down.
[01:31:37.320 --> 01:31:42.320]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.320 --> 01:31:45.320]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.320 --> 01:31:48.320]  Thousands of my fellow force responders are dying.
[01:31:48.320 --> 01:31:49.320]  I'm not a conspiracy theorist.
[01:31:49.320 --> 01:31:50.320]  I'm a structural engineer.
[01:31:50.320 --> 01:31:52.320]  I'm a New York City correction officer.
[01:31:52.320 --> 01:31:53.320]  I'm an Air Force pilot.
[01:31:53.320 --> 01:31:54.320]  I'm a father who lost his son.
[01:31:54.320 --> 01:31:57.320]  We're Americans, and we deserve the truth.
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[01:32:28.320 --> 01:32:31.320]  to handle your claim and your roof right the first time.
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[01:32:37.320 --> 01:32:40.320]  Mention the crypto show and get $100 off,
[01:32:40.320 --> 01:32:44.320]  and we'll donate another $100 to the Logos Radio Network to help continue this programming.
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[01:32:58.320 --> 01:33:01.320]  May I actually be kidding about chemtrails?
[01:33:01.320 --> 01:33:11.320]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:11.320 --> 01:33:26.320]  Okay.
[01:33:26.320 --> 01:33:27.320]  We are back.
[01:33:27.320 --> 01:33:30.320]  Randy Kelton, BluBla Radio.
[01:33:30.320 --> 01:33:34.320]  And we're talking to John in Texas.
[01:33:34.320 --> 01:33:38.320]  And, okay, so I told the judge I had a hearing deficiency.
[01:33:38.320 --> 01:33:41.320]  The judge said, well, Mr. Kelton, what's wrong with your hearing?
[01:33:41.320 --> 01:33:44.320]  Oh, Judge, I was down in Mexico the other day,
[01:33:44.320 --> 01:33:50.320]  and I drank too much of that cheap tequila and lost my hearing aid.
[01:33:50.320 --> 01:33:53.320]  Well, I was lying to him, head in my pocket.
[01:33:53.320 --> 01:33:55.320]  Well, Mr. Kelton, why are you telling me this?
[01:33:55.320 --> 01:33:58.320]  I said, do you have accommodation for the hearing impaired?
[01:33:58.320 --> 01:34:00.320]  No, Mr. Kelton, I do not.
[01:34:00.320 --> 01:34:02.320]  We had a sound system here. Will you turn it up?
[01:34:02.320 --> 01:34:04.320]  No, I will not.
[01:34:04.320 --> 01:34:06.320]  Well, then will you speak up?
[01:34:06.320 --> 01:34:07.320]  And he did.
[01:34:07.320 --> 01:34:12.320]  He told the baby if I didn't sit down and shut up, he would throw me out of the court room.
[01:34:12.320 --> 01:34:18.320]  Well, I had my hearing, and I had a challenge subject matter jurisdiction in,
[01:34:18.320 --> 01:34:20.320]  and they started the hearing.
[01:34:20.320 --> 01:34:23.320]  Objection, Your Honor, I'm here at arms links to the court.
[01:34:23.320 --> 01:34:26.320]  I have a challenge subject matter jurisdiction before the court.
[01:34:26.320 --> 01:34:28.320]  Yeah, Mr. Kelton, you just filed that 30 minutes ago.
[01:34:28.320 --> 01:34:30.320]  Yes, Your Honor, as a matter of fact, I did.
[01:34:30.320 --> 01:34:32.320]  But I'm going to deny that.
[01:34:32.320 --> 01:34:34.320]  So you're going to deny it without reading it?
[01:34:34.320 --> 01:34:35.320]  Yes, I am.
[01:34:35.320 --> 01:34:37.320]  I'm going to take my folder, slam it shut.
[01:34:37.320 --> 01:34:38.320]  We're done here.
[01:34:38.320 --> 01:34:42.320]  Walk to the bar, point at the baby, if you come with me.
[01:34:42.320 --> 01:34:44.320]  We get outside.
[01:34:44.320 --> 01:34:46.320]  The baby said, Mr. Kelton, what can I do for you?
[01:34:46.320 --> 01:34:48.320]  I need you to arrest the judge.
[01:34:48.320 --> 01:34:50.320]  Well, why did I arrest the judge?
[01:34:50.320 --> 01:34:55.320]  Class A misdemeanor, official oppression, criminal violation 3903 penal code,
[01:34:55.320 --> 01:34:58.320]  in that the judge failed to perform a duty he was required to perform,
[01:34:58.320 --> 01:35:02.320]  and in the process denied me the full free access to her enjoyment.
[01:35:02.320 --> 01:35:07.320]  Right. Well, Mr. Kelton, what right did he deny you in?
[01:35:07.320 --> 01:35:13.320]  He denied me in my right to accommodation under the Americans with Disabilities Act.
[01:35:13.320 --> 01:35:16.320]  And the bailiff said, well, Mr. Kelton,
[01:35:16.320 --> 01:35:20.320]  why didn't you tell the judge about the Americans with Disabilities Act?
[01:35:20.320 --> 01:35:25.320]  Heck, if I'd have done that, he might have turned the sound up.
[01:35:25.320 --> 01:35:29.320]  And the bailiff stood there a minute, and this grin started across his face,
[01:35:29.320 --> 01:35:33.320]  and he said, you set him up.
[01:35:33.320 --> 01:35:38.320]  Yeah, I did. He was a sucker for that, wasn't he?
[01:35:38.320 --> 01:35:44.320]  That was the most powerful thing I've done in Tarrant County.
[01:35:44.320 --> 01:35:50.320]  After that, these judges are terrified of me.
[01:35:50.320 --> 01:35:56.320]  David had somebody call him and ask, do you know a Randy Kelton?
[01:35:56.320 --> 01:35:58.320]  He said, yeah, why?
[01:35:58.320 --> 01:36:01.320]  He said, I was in court in Southlake, and the guy's an Indian guy,
[01:36:01.320 --> 01:36:03.320]  and he had a turban on.
[01:36:03.320 --> 01:36:05.320]  And they told me I had to take my turban off,
[01:36:05.320 --> 01:36:08.320]  and I told them it's a religious thing, I can't.
[01:36:08.320 --> 01:36:10.320]  Then they threw him out of the courtroom.
[01:36:10.320 --> 01:36:19.320]  And while he's out in the hall, the bailiff come out and asked, are you Randall Kelton?
[01:36:19.320 --> 01:36:26.320]  The judge was certain that I was down there setting him up with some BS like that.
[01:36:26.320 --> 01:36:31.320]  So how do we set up the county judge?
[01:36:31.320 --> 01:36:38.320]  And I got away that is so slick, they will not see this coming.
[01:36:38.320 --> 01:36:45.320]  Okay, have you had any hearings at all in the county court?
[01:36:45.320 --> 01:36:47.320]  Not in the county court, no.
[01:36:47.320 --> 01:36:56.320]  Okay, almost certainly the county court's going to call you in for an arraignment hearing,
[01:36:56.320 --> 01:36:59.320]  an initial appearance.
[01:36:59.320 --> 01:37:04.320]  An arraignment hearing is a hearing for the purpose of determining the identity of the accused
[01:37:04.320 --> 01:37:05.320]  and taking a plea.
[01:37:05.320 --> 01:37:08.320]  This is trial de novo.
[01:37:08.320 --> 01:37:12.320]  So they'll almost certainly do that.
[01:37:12.320 --> 01:37:17.320]  Go read 26.01 Texas Code of Criminal Procedure.
[01:37:17.320 --> 01:37:25.320]  It says, an arraignment may be had in a felony case
[01:37:25.320 --> 01:37:33.320]  or a misdemeanor case punishable by imprisonment.
[01:37:33.320 --> 01:37:44.320]  The legislature went to special effort to restrict an arraignment hearing to those two circumstances.
[01:37:44.320 --> 01:37:51.320]  The initial hearing on a traffic ticket is illegal.
[01:37:51.320 --> 01:37:57.320]  So it's required to be an examining trial.
[01:37:57.320 --> 01:38:05.320]  So you charge the judge with official oppression and abusive process.
[01:38:05.320 --> 01:38:08.320]  He's going to say, what?
[01:38:08.320 --> 01:38:10.320]  I would do this all the time.
[01:38:10.320 --> 01:38:14.320]  Yeah, life is tough, Bubba.
[01:38:14.320 --> 01:38:18.320]  It's stinging for something he would never see it coming.
[01:38:18.320 --> 01:38:27.320]  And that tells him every step, every minor little step you take,
[01:38:27.320 --> 01:38:35.320]  I am sitting here waiting like a vulture just to pounce on you.
[01:38:35.320 --> 01:38:41.320]  So that official oppression, should I go, well, would that be a grand jury thing?
[01:38:41.320 --> 01:38:42.320]  Oh, yeah.
[01:38:42.320 --> 01:38:49.320]  Any complaint against a public official is required to go to the grand jury.
[01:38:49.320 --> 01:38:53.320]  2.03 Code of Criminal Procedure.
[01:38:53.320 --> 01:39:04.320]  See, I've already been to, I did kind of one of those preliminary hearings in the JP court.
[01:39:04.320 --> 01:39:08.320]  I don't know if, and I have the same prosecutor on this next one.
[01:39:08.320 --> 01:39:10.320]  Do you think they'll do it again?
[01:39:10.320 --> 01:39:13.320]  Oh, almost certainly.
[01:39:13.320 --> 01:39:14.320]  Okay.
[01:39:14.320 --> 01:39:15.320]  All right.
[01:39:15.320 --> 01:39:24.320]  An arraignment hearing is a way that brings you into the court.
[01:39:24.320 --> 01:39:31.320]  And what you want to do is request an examining trial.
[01:39:31.320 --> 01:39:35.320]  But not until when the judge orders you to come to court,
[01:39:35.320 --> 01:39:37.320]  they're just going to send you a notice to show up in court.
[01:39:37.320 --> 01:39:40.320]  They're not going to tell you why.
[01:39:40.320 --> 01:39:42.320]  Well, this is your first appearance.
[01:39:42.320 --> 01:39:49.320]  And since it's trial de novo, you go back to 643.006.
[01:39:49.320 --> 01:40:00.320]  When you sign that agreement to appear, you agree to appear before a magistrate, not a judge.
[01:40:00.320 --> 01:40:02.320]  True.
[01:40:02.320 --> 01:40:10.320]  So the only thing they can do is hold an examining trial because you were arrested without a warrant.
[01:40:10.320 --> 01:40:15.320]  So they have a requirement to take you directly to the nearest magistrate.
[01:40:15.320 --> 01:40:19.320]  But the legislature said in matters of class C misdemeanors,
[01:40:19.320 --> 01:40:28.320]  well, you don't have to subject the person to the indignity of taking them to jail.
[01:40:28.320 --> 01:40:34.320]  If they will sign a promise to appear, then you can release them on their own recognizance.
[01:40:34.320 --> 01:40:35.320]  Okay.
[01:40:35.320 --> 01:40:41.320]  But when you do appear, it must be for an examining trial.
[01:40:41.320 --> 01:40:47.320]  Have you seen my habeas corpus?
[01:40:47.320 --> 01:40:49.320]  It's on Jewishimprudence.website.
[01:40:49.320 --> 01:40:51.320]  No, I haven't seen that yet.
[01:40:51.320 --> 01:40:53.320]  I haven't seen the habeas yet.
[01:40:53.320 --> 01:40:55.320]  Send me an email.
[01:40:55.320 --> 01:40:57.320]  You need to go through that habeas.
[01:40:57.320 --> 01:41:03.320]  It walks through due process, front to back.
[01:41:03.320 --> 01:41:05.320]  Okay.
[01:41:05.320 --> 01:41:08.320]  It gives you all of these things you can hammer with.
[01:41:08.320 --> 01:41:18.320]  If we start hammering these judges over the most minor epic and nonsense, it's going to make them nuts.
[01:41:18.320 --> 01:41:23.320]  It's going to force them to the books, and they're not going to have any option
[01:41:23.320 --> 01:41:27.320]  because they got no way out of this.
[01:41:27.320 --> 01:41:32.320]  And then when you file the complaint, and whoever you file it with,
[01:41:32.320 --> 01:41:36.320]  if you file it with the sheriff's department, they'll just blow it off.
[01:41:36.320 --> 01:41:39.320]  We've got a whole routine for that.
[01:41:39.320 --> 01:41:42.320]  You make up your complaint, you go to the sheriff's office,
[01:41:42.320 --> 01:41:48.320]  you make this allegation, and they'll give you a voluntary statement.
[01:41:48.320 --> 01:41:53.320]  You fill out the voluntary statement and slide your verified criminal complaint behind it
[01:41:53.320 --> 01:41:55.320]  and hand it to the officer.
[01:41:55.320 --> 01:42:02.320]  Once he takes it, it's in his hand, and you invoke his duty under Article 2.13,
[01:42:02.320 --> 01:42:07.320]  and he's going to refuse to take a complaint against the judge.
[01:42:07.320 --> 01:42:16.320]  Then you file against the officer with a local JP, and they'll refuse to act on it.
[01:42:16.320 --> 01:42:20.320]  And then you file against the JP with the county court.
[01:42:20.320 --> 01:42:22.320]  And the county court will refuse to act.
[01:42:22.320 --> 01:42:25.320]  You file against the county court with the district court,
[01:42:25.320 --> 01:42:28.320]  each one for shielding the one before it.
[01:42:28.320 --> 01:42:33.320]  I handed a set of complaints to a county judge in Fort Worth.
[01:42:33.320 --> 01:42:36.320]  It's the only one that ever did it right.
[01:42:36.320 --> 01:42:40.320]  I had 30-something complaints in this package.
[01:42:40.320 --> 01:42:43.320]  He spent an hour and a half reading it, came back in court,
[01:42:43.320 --> 01:42:47.320]  and he said, Mr. Kelton, I'm looking at your complaints here.
[01:42:47.320 --> 01:42:51.320]  Am I to understand that if I don't do what you think I'm supposed to,
[01:42:51.320 --> 01:42:55.320]  that you're prepared to file criminal charges against me?
[01:42:55.320 --> 01:43:01.320]  I said, with all due respect, Your Honor, in a heartbeat.
[01:43:01.320 --> 01:43:04.320]  And he said, well, I'd better do this right then.
[01:43:04.320 --> 01:43:05.320]  And he did.
[01:43:05.320 --> 01:43:08.320]  He was the only one.
[01:43:08.320 --> 01:43:11.320]  He had me read every complaint onto the record,
[01:43:11.320 --> 01:43:14.320]  had his clerk keep a record of it,
[01:43:14.320 --> 01:43:17.320]  had his court recorder keep a record,
[01:43:17.320 --> 01:43:20.320]  had the clerk verify my signature on each one,
[01:43:20.320 --> 01:43:21.320]  and he filed them.
[01:43:21.320 --> 01:43:25.320]  I heard he got a lot of grief over that, but he actually did it right.
[01:43:25.320 --> 01:43:28.320]  They're not going to, so each one that does it,
[01:43:28.320 --> 01:43:30.320]  you file against them in succession.
[01:43:30.320 --> 01:43:32.320]  And as you go up the ladder,
[01:43:32.320 --> 01:43:36.320]  they get madder and madder at the guy at the bottom.
[01:43:36.320 --> 01:43:38.320]  I would imagine.
[01:43:38.320 --> 01:43:41.320]  It is great fun.
[01:43:41.320 --> 01:43:43.320]  You get on the other end.
[01:43:43.320 --> 01:43:46.320]  It's a whole lot different than when they're coming after you.
[01:43:46.320 --> 01:43:47.320]  Hang on.
[01:43:47.320 --> 01:43:48.320]  About to go to break.
[01:43:48.320 --> 01:43:51.320]  Randy Kelton, Rules of Law Radio.
[01:43:51.320 --> 01:43:53.320]  I'm now going to give out the calling number.
[01:43:53.320 --> 01:43:55.320]  We're going to our last segment.
[01:43:55.320 --> 01:44:00.320]  We'll be right back.
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[01:46:20.320 --> 01:46:22.320]  Okay, we are back.
[01:46:22.320 --> 01:46:26.320]  Randy Kelson, rule of law radio.
[01:46:26.320 --> 01:46:32.320]  But the idea here is to set them up
[01:46:32.320 --> 01:46:34.320]  so that we can sting them
[01:46:34.320 --> 01:46:38.320]  with every tiny little thing we can think of.
[01:46:38.320 --> 01:46:40.320]  Okay.
[01:46:40.320 --> 01:46:44.320]  Get them to where they're afraid to do anything.
[01:46:44.320 --> 01:46:47.320]  Yeah, that makes sense.
[01:46:47.320 --> 01:46:52.320]  Should I go ahead and send them the challenge,
[01:46:52.320 --> 01:46:54.320]  the subject matter of jurisdiction,
[01:46:54.320 --> 01:46:58.320]  or wait until that hearing that they're going to try to have?
[01:46:58.320 --> 01:47:02.320]  I would not give them any fair warning.
[01:47:02.320 --> 01:47:05.320]  And a good chance they'll throw this whole thing out,
[01:47:05.320 --> 01:47:11.320]  because once you've stung the judge good,
[01:47:11.320 --> 01:47:15.320]  his problem is he can control lawyers,
[01:47:15.320 --> 01:47:19.320]  and he's used to lawyers coming in front of them
[01:47:19.320 --> 01:47:24.320]  and essentially kissing his behind,
[01:47:24.320 --> 01:47:27.320]  because he can pretty well do what he wants to.
[01:47:27.320 --> 01:47:31.320]  Then when he gets a pro se, now he's stuck.
[01:47:31.320 --> 01:47:34.320]  But it's not very often he gets a pro se
[01:47:34.320 --> 01:47:38.320]  who knows how to kick his behind.
[01:47:38.320 --> 01:47:43.320]  So if you go in, if he calls you in for an illegal hearing,
[01:47:43.320 --> 01:47:46.320]  it's an abusive process, an official oppression,
[01:47:46.320 --> 01:47:52.320]  and that should get a judicial conduct complaint.
[01:47:52.320 --> 01:47:58.320]  So you hammer him big time, and you bar grieve the lawyer.
[01:47:58.320 --> 01:48:04.320]  If you'll send me an email, randy at rootoflawradio.com,
[01:48:04.320 --> 01:48:10.320]  I will send you a fill-in-the-blank bar grievance,
[01:48:10.320 --> 01:48:15.320]  a grant-blank judicial conduct complaint, criminal complaints,
[01:48:15.320 --> 01:48:22.320]  and two or three information requests that I use.
[01:48:22.320 --> 01:48:25.320]  These information requests make them crazy.
[01:48:25.320 --> 01:48:28.320]  One of them is a 17.30 request.
[01:48:28.320 --> 01:48:31.320]  The other one is a substantive scope and content.
[01:48:31.320 --> 01:48:36.320]  Anytime somebody gives me a hard time about open records,
[01:48:36.320 --> 01:48:39.320]  I ask them about records.
[01:48:39.320 --> 01:48:42.320]  I try to dodge my response.
[01:48:42.320 --> 01:48:45.320]  I pull out the substantive scope and content,
[01:48:45.320 --> 01:48:49.320]  and it asks for everything.
[01:48:49.320 --> 01:48:54.320]  It asks for all of the names of all of the records that they keep,
[01:48:54.320 --> 01:48:58.320]  the substantive content of those records, where they're kept,
[01:48:58.320 --> 01:49:01.320]  what medium they're kept in, how I can request it,
[01:49:01.320 --> 01:49:04.320]  what mediums I can get the output in.
[01:49:04.320 --> 01:49:08.320]  It's two or three pages.
[01:49:08.320 --> 01:49:11.320]  And I always get this response saying,
[01:49:11.320 --> 01:49:14.320]  they're not sure what I'm asking for.
[01:49:14.320 --> 01:49:19.320]  And I always tell them, don't ask me, ask the legislature,
[01:49:19.320 --> 01:49:23.320]  because I took it right out of 552 government code.
[01:49:23.320 --> 01:49:30.320]  This is what is specifically made open for public inspection.
[01:49:30.320 --> 01:49:37.320]  I had a captain on the sheriff's department spend eight hours with me
[01:49:37.320 --> 01:49:42.320]  going through every record they kept.
[01:49:42.320 --> 01:49:50.320]  To say that he was furious is a gross understatement.
[01:49:50.320 --> 01:49:54.320]  But I always want to have criminal complaints
[01:49:54.320 --> 01:49:56.320]  with the blank criminal complaints,
[01:49:56.320 --> 01:49:58.320]  so I just pull them out and start filling them out.
[01:49:58.320 --> 01:50:00.320]  Blank information requests,
[01:50:00.320 --> 01:50:03.320]  I just pull them out and start filling them out.
[01:50:03.320 --> 01:50:07.320]  Blank bar grievance, blank judicial conduct complaints.
[01:50:07.320 --> 01:50:08.320]  If you're going into court,
[01:50:08.320 --> 01:50:12.320]  you need both of those with you and a criminal complaint.
[01:50:12.320 --> 01:50:16.320]  The prosecutor gives a BS objection.
[01:50:16.320 --> 01:50:20.320]  You take out one, start filling it out.
[01:50:20.320 --> 01:50:21.320]  That sounds good.
[01:50:21.320 --> 01:50:23.320]  I'd definitely be using that.
[01:50:23.320 --> 01:50:26.320]  Well, the prosecutor's already sent me messages offering a deal
[01:50:26.320 --> 01:50:31.320]  because he said I'm wasting the taxpayers' money.
[01:50:31.320 --> 01:50:33.320]  So I guess that means he's getting a little bit scared.
[01:50:33.320 --> 01:50:35.320]  I don't know.
[01:50:35.320 --> 01:50:41.320]  He just says I'm wasting the taxpayers' money by appealing and going to court.
[01:50:41.320 --> 01:50:46.320]  So I guess we'll go from there.
[01:50:46.320 --> 01:50:49.320]  Well, you ought to talk to him.
[01:50:49.320 --> 01:50:55.320]  You dismiss all the charges, pay me for my time.
[01:50:55.320 --> 01:50:56.320]  Oh, yeah.
[01:50:56.320 --> 01:51:04.320]  He wants me to pay him a less fee and less court costs, and he'll dismiss it.
[01:51:04.320 --> 01:51:06.320]  I don't see how that's a deal.
[01:51:06.320 --> 01:51:11.320]  And he's already wrong if he thinks this is about the money anyway.
[01:51:11.320 --> 01:51:13.320]  Yeah, that's what they don't get.
[01:51:13.320 --> 01:51:17.320]  Maybe you get him to do something stupid.
[01:51:17.320 --> 01:51:20.320]  He already has, but you know.
[01:51:20.320 --> 01:51:26.320]  If you can get him to say something to you that he shouldn't say,
[01:51:26.320 --> 01:51:32.320]  have you filed any bar grievances or judicial conduct complaints or anything yet?
[01:51:32.320 --> 01:51:35.320]  I filed one because he was joking when he said it,
[01:51:35.320 --> 01:51:39.320]  but he said you better not come through this county again after this case.
[01:51:39.320 --> 01:51:41.320]  And he laughed and said it as a joke,
[01:51:41.320 --> 01:51:46.320]  but everybody in the room was him and everybody else had a gun.
[01:51:46.320 --> 01:51:50.320]  So I think it was that funny.
[01:51:50.320 --> 01:51:53.320]  I would take that as a threat.
[01:51:53.320 --> 01:51:58.320]  That should get filed as a threat.
[01:51:58.320 --> 01:52:01.320]  I bar grieved him over it.
[01:52:01.320 --> 01:52:05.320]  Well, this is exactly where I was going to.
[01:52:05.320 --> 01:52:09.320]  When you start after them, I've had officers say to me,
[01:52:09.320 --> 01:52:12.320]  oh, Mr. Kelton, you have to be careful.
[01:52:12.320 --> 01:52:15.320]  You can get in a lot of trouble doing this.
[01:52:15.320 --> 01:52:23.320]  3605, tampering with a witness, 3606, obstruction, retaliation.
[01:52:23.320 --> 01:52:25.320]  You want to threaten me again, Bubba?
[01:52:25.320 --> 01:52:29.320]  Yeah, that works for you.
[01:52:29.320 --> 01:52:33.320]  Tell people never give legal advice.
[01:52:33.320 --> 01:52:35.320]  Don't tell these guys what your rights are.
[01:52:35.320 --> 01:52:38.320]  Don't tell them what they're supposed to do,
[01:52:38.320 --> 01:52:43.320]  because they're going to take that as a threat and accuse you of being agitated.
[01:52:43.320 --> 01:52:46.320]  So no fair warning.
[01:52:46.320 --> 01:52:49.320]  Bushwhack is so much better.
[01:52:49.320 --> 01:52:51.320]  Well, I like that strategy.
[01:52:51.320 --> 01:52:52.320]  I do like that one.
[01:52:52.320 --> 01:52:54.320]  The complaint I made on the judge,
[01:52:54.320 --> 01:52:58.320]  the state sent me a letter back saying they're investigating it or something like that.
[01:52:58.320 --> 01:53:01.320]  They just said they received it and they're investigating it.
[01:53:01.320 --> 01:53:03.320]  They didn't say anything else with that.
[01:53:03.320 --> 01:53:10.320]  If you accuse the judge of denying you in due process,
[01:53:10.320 --> 01:53:13.320]  that's when they really go after him.
[01:53:13.320 --> 01:53:18.320]  You don't get to complain about the ruling that the judge made,
[01:53:18.320 --> 01:53:26.320]  but you can if the judge orders you to come to court when he doesn't have authority to.
[01:53:26.320 --> 01:53:29.320]  That's a denial of due process.
[01:53:29.320 --> 01:53:32.320]  You claim he violated laws relating to his office.
[01:53:32.320 --> 01:53:35.320]  They will look into that.
[01:53:35.320 --> 01:53:40.320]  He put a hold on my license after my third appearance in court.
[01:53:40.320 --> 01:53:43.320]  He put a hold on my license for failure to appear.
[01:53:43.320 --> 01:53:46.320]  So that's what I complained on him about.
[01:53:46.320 --> 01:53:49.320]  That was with the DPS.
[01:53:49.320 --> 01:53:51.320]  I got a letter from the DPS.
[01:53:51.320 --> 01:53:57.320]  I think that seems like a violation of due process.
[01:53:57.320 --> 01:54:01.320]  Was there any time that you actually failed to appear?
[01:54:01.320 --> 01:54:04.320]  No, I never failed to appear.
[01:54:04.320 --> 01:54:09.320]  You should send a judge a tort letter.
[01:54:09.320 --> 01:54:12.320]  Oh, okay.
[01:54:12.320 --> 01:54:16.320]  He acted without subject matter jurisdiction.
[01:54:16.320 --> 01:54:18.320]  He didn't have authority.
[01:54:18.320 --> 01:54:23.320]  Is there a value that I should put on a tort letter or what should I put on that?
[01:54:23.320 --> 01:54:25.320]  Make one up.
[01:54:25.320 --> 01:54:27.320]  Okay.
[01:54:27.320 --> 01:54:31.320]  You deny one of my rights.
[01:54:31.320 --> 01:54:36.320]  Do you have any idea what I paid for my rights?
[01:54:36.320 --> 01:54:40.320]  They are extremely valuable to me.
[01:54:40.320 --> 01:54:42.320]  I'm a combat veteran.
[01:54:42.320 --> 01:54:44.320]  I paid heavy for these rights.
[01:54:44.320 --> 01:54:47.320]  You just go ahead and violate one of them.
[01:54:47.320 --> 01:54:51.320]  I'll give you a claim you won't believe.
[01:54:51.320 --> 01:54:53.320]  So you should be the same way.
[01:54:53.320 --> 01:54:57.320]  These rights are really important to you.
[01:54:57.320 --> 01:54:59.320]  I didn't know if there was a going rate.
[01:54:59.320 --> 01:55:03.320]  No, not that I know of.
[01:55:03.320 --> 01:55:11.320]  The only thing that we have the Travizap case out of Florida where a guy was held for 20 minutes
[01:55:11.320 --> 01:55:15.320]  and they awarded him like $66,000.
[01:55:15.320 --> 01:55:25.320]  So that's one they normally use to say that this is how a jury calculated the value of your time.
[01:55:25.320 --> 01:55:30.320]  Whatever the times and monies was, it came out to $22,000.
[01:55:30.320 --> 01:55:33.320]  I think $22,000 a minute, something like that.
[01:55:33.320 --> 01:55:36.320]  It was a lot of money.
[01:55:36.320 --> 01:55:41.320]  The only way to do that is you'd have to find a similar case and see what a jury awarded.
[01:55:41.320 --> 01:55:46.320]  If there is no bright line to go by, just make up something.
[01:55:46.320 --> 01:55:48.320]  Okay.
[01:55:48.320 --> 01:55:51.320]  Let them argue about it.
[01:55:51.320 --> 01:55:57.320]  I didn't know if I could send a tort letter and I should just send that to the judge that did what he did, right?
[01:55:57.320 --> 01:56:03.320]  Yes, the judge acted without subject matter jurisdiction and therefore he is personally liable.
[01:56:03.320 --> 01:56:12.320]  That was an act of retaliation in violation of 3606 Penal Code.
[01:56:12.320 --> 01:56:14.320]  Okay.
[01:56:14.320 --> 01:56:17.320]  They just won't see that coming.
[01:56:17.320 --> 01:56:24.320]  We're used to everybody that comes before them coming in in defensive mode.
[01:56:24.320 --> 01:56:31.320]  I've really been working to try to get people out of defensive mode and get them on offense.
[01:56:31.320 --> 01:56:35.320]  Offense is so much more fun.
[01:56:35.320 --> 01:56:40.320]  The more offensive it is, the more fun it is.
[01:56:40.320 --> 01:56:42.320]  Oh yeah, I love that.
[01:56:42.320 --> 01:56:47.320]  It's a $200 ticket, so I'm not really on defensive about it.
[01:56:47.320 --> 01:56:50.320]  I'm ready to stop them from what they're doing.
[01:56:50.320 --> 01:56:57.320]  Well, good chance you'll wind up on their list.
[01:56:57.320 --> 01:56:59.320]  I got pulled over.
[01:56:59.320 --> 01:57:06.320]  I was pulling a big gooseneck trailer with my avalanche and I'm running about 70 and a 60 on a little back road.
[01:57:06.320 --> 01:57:09.320]  The plates, I don't know how old the plates were.
[01:57:09.320 --> 01:57:15.320]  The cop pulled me over and he told me my plates were expired and I was speeding.
[01:57:15.320 --> 01:57:18.320]  The next, he gives me a warning ticket.
[01:57:18.320 --> 01:57:24.320]  I go across the street to the convenience store the next morning and Bobby Jack Cruz is in there.
[01:57:24.320 --> 01:57:26.320]  He's always listening to the scanner.
[01:57:26.320 --> 01:57:29.320]  What did you do to that cop yesterday?
[01:57:29.320 --> 01:57:31.320]  Why didn't you do anything to him? Why?
[01:57:31.320 --> 01:57:35.320]  Well, he called in your name and the dispatcher called back and said,
[01:57:35.320 --> 01:57:42.320]  don't you dare give that SOB no ticket. You give him a warning, get him out of here.
[01:57:42.320 --> 01:57:43.320]  What?
[01:57:43.320 --> 01:57:45.320]  That's a good deal to him.
[01:57:45.320 --> 01:57:50.320]  I had a deputy come to me once several years ago and say, what did you do to the sheriff?
[01:57:50.320 --> 01:57:52.320]  I said, I hadn't done anything to him lately.
[01:57:52.320 --> 01:57:53.320]  Why?
[01:57:53.320 --> 01:57:57.320]  He said, we had roll call this morning and he asked who here knew Randy Kelton.
[01:57:57.320 --> 01:58:03.320]  He said about half of us raised our hands and the sheriff said, you are not to stop him.
[01:58:03.320 --> 01:58:10.320]  You are not to cite him and whatever you do, don't put that SOB in my jail.
[01:58:10.320 --> 01:58:16.320]  What? I was just joking the last time I sued him.
[01:58:16.320 --> 01:58:21.320]  But that's because I go right back after them.
[01:58:21.320 --> 01:58:25.320]  They come at me and they get a fight and they don't like it one little bit.
[01:58:25.320 --> 01:58:29.320]  If we can get one or two people in every county fighting these guys back,
[01:58:29.320 --> 01:58:36.320]  taking them to task for violating law, all of a lot of this stuff would just fix itself.
[01:58:36.320 --> 01:58:38.320]  And I'm afraid we are out of time.
[01:58:38.320 --> 01:58:42.320]  Randy Kelton, Rule of Love Radio, thank you all for listening.
[01:58:42.320 --> 01:58:47.320]  We won't be here next week because of Thanksgiving, but we'll be here the week after.
[01:58:47.320 --> 01:58:49.320]  And good night.
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