ROL_2017-01-20_16k_Hr1-2.timecode

[00:00.000 --> 00:07.720]  The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly
[00:07.720 --> 00:09.920]  bulletins for the commodities market.
[00:09.920 --> 00:23.240]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.240 --> 00:29.560]  Markets for Wednesday the 18th of January 2017 are currently trading with gold at $1,211.45
[00:29.560 --> 00:37.800]  an ounce, silver $17.23 an ounce, Texas crude $52.48 a barrel, and Bitcoin is currently
[00:37.800 --> 00:46.480]  sitting at about $878 U.S. currency.
[00:46.480 --> 00:52.400]  Today in history, the year 2005, the Airbus A380, the world's largest commercial jet to
[00:52.400 --> 00:56.040]  date, is unveiled at its ceremony in Toll House, France.
[00:56.040 --> 01:01.200]  It has roughly 6,000 square feet of usable floor space, can seat up to 853 people in
[01:01.200 --> 01:06.560]  an all-economy class, and has a flight range of roughly 8,500 nautical miles.
[01:06.560 --> 01:11.680]  The Airbus A380 didn't get its first commercial flight until later that year in April, but
[01:11.680 --> 01:18.080]  it was unveiled today in history.
[01:18.080 --> 01:22.320]  In recent news, President Obama announced his exercise of clemency in commuting the
[01:22.320 --> 01:27.400]  sentence of Chelsea, formerly Bradley Manning. Manning had been arrested in 2010 after being
[01:27.400 --> 01:32.160]  outed by former hacker Adrian Lamo for being the main WikiLeaks source on the hundreds
[01:32.160 --> 01:36.480]  of thousands of sensitive U.S. government documents filed to him, which included cable
[01:36.480 --> 01:41.880]  gate and collateral murder, 39 minutes of classified gunsight footage in 2010 in Iraq,
[01:41.880 --> 01:48.040]  which shows two U.S. AH-64 Apache helicopters indiscriminately shooting and killing unarmed
[01:48.040 --> 01:52.680]  civilians, including two Iraqi war correspondents working for Reuters.
[01:52.680 --> 01:57.380]  Manning was held in virtual solitary confinement for 23 hours a day at a Marine Corps brig
[01:57.380 --> 02:02.640]  and sometimes even stripped completely naked. In 2013, he was sentenced in a military tribunal
[02:02.640 --> 02:07.480]  to 35 years in prison with the possibility of parole in the eighth year and dishonorably
[02:07.480 --> 02:12.200]  discharged from the Army. As a result of Obama's pardon, Manning will be free in May.
[02:12.200 --> 02:16.320]  To add a twist to all this, Julian Assange, founder of WikiLeaks, tweeted last week via
[02:16.320 --> 02:21.240]  WikiLeaks' Twitter account that, quote, if Obama grants Manning clemency, Assange will
[02:21.240 --> 02:27.480]  agree to U.S. extradition despite clear unconstitutionality of the Department of Justice case. Assange
[02:27.480 --> 02:32.240]  has spent over four years in hideout at the Ecuadorian embassy in London. Melinda Taylor,
[02:32.240 --> 02:36.760]  a member of Mr. Assange's legal team, recently stated to the press that everything that he
[02:36.760 --> 02:38.760]  has said, he's standing by.
[02:38.760 --> 02:43.400]  The Lone Star Lowdown is currently looking for sponsors and even contributors. Is he
[02:43.400 --> 02:47.680]  a sponsor or a service you'd like to advertise with us or even want to write articles and
[02:47.680 --> 02:54.680]  read for us? Feel free to give me a call at 210-363-2257. This is Rick Roady with your
[02:54.680 --> 03:19.680]  Lowdown for January 18, 2017.
[03:19.680 --> 03:26.720]  Hey, howdy, howdy, Randy Kelton, the Wheel of Law Radio. On this Friday, the 20th day
[03:26.720 --> 03:42.640]  of January 2017, we are officially under the thumb of Mr. Trump, our new sitting president.
[03:42.640 --> 03:48.800]  This ought to get interesting. And for those who weren't listening last night, I do have,
[03:48.800 --> 03:55.240]  I've been working on an e-book for a long time. We launched it last night. We'll be
[03:55.240 --> 04:03.960]  selling it in conjunction with the fundraiser. We have our fundraiser going and we'll be
[04:03.960 --> 04:16.000]  selling the e-book for $100. And the e-book, it's about 170, 160 some odd pages. I hope
[04:16.000 --> 04:29.400]  it's a good read. It is a compilation of pretty much all of the things that I have learned
[04:29.400 --> 04:38.440]  over the period of the last 10 years doing this radio show. It is the kind of information
[04:38.440 --> 04:49.280]  you just won't find anywhere else because I've certainly looked for it. I have a lot
[04:49.280 --> 04:54.040]  of experience doing a lot of different things and most of the things I know I've learned
[04:54.040 --> 05:05.280]  to myself, I have a lot of experience learning what to do. I told my son when he was growing
[05:05.280 --> 05:11.840]  up that if I tell you I don't think something's a good idea, it's because I've been around
[05:11.840 --> 05:16.760]  a while and I've got some experience and I've done a lot of things. You might look at it
[05:16.760 --> 05:22.640]  real careful, but if I tell you don't do that, which I'll probably tell you a whole lot,
[05:22.640 --> 05:29.080]  trust me, I can tell you how much it's going to cost you to fix it, how bad it's going
[05:29.080 --> 05:37.240]  to hurt and how much misery it's going to give you. Been there, done that. In the legal
[05:37.240 --> 05:49.840]  area, the first thing I looked for was this kind of information. Not so much what to do,
[05:49.840 --> 05:58.120]  but more what not to do. How to think about what you're doing, how to wrap your mind around
[05:58.120 --> 06:07.280]  the issue so that you're able to consistently make well-formed decisions on how to move
[06:07.280 --> 06:14.480]  ahead. I haven't found any of this in any of the books. It just wasn't out there. I've
[06:14.480 --> 06:21.640]  found bits and pieces in minor places, but they seem to only be afterthoughts. They're
[06:21.640 --> 06:29.760]  mostly from lawyers who've been practicing for 20 or 30 years, but they seem to only
[06:29.760 --> 06:38.320]  want to talk about what the law says and what practice and procedures dictate. Nobody talked
[06:38.320 --> 06:51.560]  about how to think about it from a basic level. Nobody seems to have taken their expertise,
[06:51.560 --> 07:03.240]  their lifetime of expertise and condense it down to some understandable rules and adages
[07:03.240 --> 07:09.480]  that you can use to keep you focused in the right direction. That is what this e-book
[07:09.480 --> 07:18.640]  is intended to be. I hope that I've been able to structure the delivery well. Part of it
[07:18.640 --> 07:27.760]  is that I've been delivering these same kinds of information for a long time and presenting
[07:27.760 --> 07:34.920]  it to different people in different situations. It's helped me develop some methods of imparting
[07:34.920 --> 07:43.120]  information that I'm hoping ordinary human beings can read it and make sense of. If anybody
[07:43.120 --> 07:49.400]  orders the e-book, if you look through it, you're going to find mistakes. I got those.
[07:49.400 --> 07:55.880]  I went through and tried to find them all, but I don't see that happening. I could probably
[07:55.880 --> 08:01.240]  read it a thousand times and I'll miss the same mistakes every time. This is one of the
[08:01.240 --> 08:06.720]  cases where you get what is intended to be a comprehensive book, but you also got direct
[08:06.720 --> 08:17.400]  access to the author in a way that will help improve the book for everybody that I hope.
[08:17.400 --> 08:25.880]  Anybody who gets this and reads it, I would appreciate it if you would rip it to shreds.
[08:25.880 --> 08:35.280]  Anytime I have written something and you read it, and you have to read it twice to make
[08:35.280 --> 08:44.160]  sense out of what I've said, I've screwed it up. I didn't structure it correctly. I want
[08:44.160 --> 08:51.520]  to know about that. I want to know when I create a question in your mind that I don't
[08:51.520 --> 08:59.320]  answer. This goes to flow. There's a section in the book on flow. Once you read the section
[08:59.320 --> 09:08.160]  on flow, then you'll understand why I'm asking you to do what I'm asking you to do now. It
[09:08.160 --> 09:19.960]  would make perfect sense because if I assume that you know something that you don't. One
[09:19.960 --> 09:27.240]  of the hardest things for someone who's knowledgeable in a subject to do is anticipate what the
[09:27.240 --> 09:37.600]  other person doesn't know. All this information I am intimately familiar with. I don't always
[09:37.600 --> 09:46.160]  know what you don't know. I know someone put a comment on my Facebook that Mr. Calhoun
[09:46.160 --> 09:53.520]  hates to be pedantic. Well, I do hate to be pedantic, but sometimes you have to be in
[09:53.520 --> 10:02.280]  order to keep from leaving important things out that 95% of your readers will already
[10:02.280 --> 10:11.800]  know, but that other 5% is going to trip over this and get stuck. I didn't have no idea
[10:11.800 --> 10:22.440]  what I'm talking about. So the conundrum is how do I be pedantic in a way that doesn't
[10:22.440 --> 10:32.800]  insult the educated reader and keeps the educated and knowledgeable reader engaged while being
[10:32.800 --> 10:39.040]  able to deliver this information to the first time, the person who's exposed to it for the
[10:39.040 --> 10:48.680]  first time. This is my conundrum and I would appreciate anybody's help who reads this.
[10:48.680 --> 10:59.080]  Let me know so I can improve this tool. If we can get one or two people using these practices
[10:59.080 --> 11:09.600]  in every county in a particular state, we will change everything and it will change
[11:09.600 --> 11:19.120]  quickly. A lot of people, a lot of readers have, listeners have taken these practices
[11:19.120 --> 11:30.200]  and used them and have found them to be of great value and effective. If any of these
[11:30.200 --> 11:37.920]  practices or procedures that I present here, you find not to be of good value or if you
[11:37.920 --> 11:49.080]  find in practice that they lead to bad outcomes, let me know. I need to know and I assume these
[11:49.080 --> 11:56.280]  are all well structured. The most part, whatever I suggest somebody want to do, I suggest they
[11:56.280 --> 12:06.080]  do it a certain way because I've done it a number of times and I develop a way of doing
[12:06.080 --> 12:13.440]  it to avoid problems. I don't always explain every possible problem that can have, can
[12:13.440 --> 12:22.720]  occur because there's too many possibilities, but I prescribe methods to go in about things
[12:22.720 --> 12:34.240]  that I have found to be generally and or of a general application to be effective. Now
[12:34.240 --> 12:38.720]  there's specific situations where things will obviously change, but in this book I could
[12:38.720 --> 12:46.080]  only be general. The amount of specificity I could get to is limited because I don't
[12:46.080 --> 12:55.360]  want this thing 500 pages long. Anyway, I know I said I must be rambling, but I am excited
[12:55.360 --> 13:06.280]  about this as a tool, as a way to expand the root of our radios and reach to people beyond
[13:06.280 --> 13:15.120]  just those listening to my voice on this program. So we'd appreciate anyone who finds what we
[13:15.120 --> 13:28.480]  present here to be a value. To at least consider the ebook, it will be the best money you can
[13:28.480 --> 13:37.840]  spend. If you have any legal issue, even traffic tickets, it'll show you a way of holding your
[13:37.840 --> 13:48.560]  mind when you walk in the door that changes everything. I walk into a courthouse and anybody
[13:48.560 --> 13:53.440]  there talk to me five minutes and they know they better be careful with this guy. This
[13:53.440 --> 13:59.040]  guy's going to clobber you if you don't. I'm always nice. I'm always pleasant. I'm never
[13:59.040 --> 14:05.160]  threatening and that's, that's in the book. I'm never threatening because they never give
[14:05.160 --> 14:15.080]  fair warning. And that's part of their problem. They, since I don't give fair warnings by
[14:15.080 --> 14:19.800]  telling them, Oh, I got these rats. I got those rats. You're supposed to do this. You're
[14:19.800 --> 14:25.000]  supposed to do that. They never get that from me. I just tell them what I want to do, what
[14:25.000 --> 14:31.240]  I want them to do. When they don't, I say, Oh, okay. The most fair warning I tend to
[14:31.240 --> 14:37.720]  give them is, well, brother, we'll see how that works out for you. And then I go to the
[14:37.720 --> 14:48.520]  next step. I, I just Thursday sent to the special agent in charge for the, uh, FBI field
[14:48.520 --> 14:58.120]  office in Dallas, a official pressure, official misconduct charge against federal judge, John
[14:58.120 --> 15:07.400]  McBride. Oh, you want to dismiss my case with my challenge to, you want to dismiss my petition
[15:07.400 --> 15:12.640]  for declaratory judgment with prejudice on a rule 12 motion for failure to state a claim
[15:12.640 --> 15:18.360]  on which can be had. Well, in a declaratory judgment suit, there is no claim for which
[15:18.360 --> 15:28.040]  recovery can be had by, as a matter of the structure of the petition. Obviously this
[15:28.040 --> 15:34.520]  judge did exactly what I accuse him of is he dismissed it out of hand without even reading
[15:34.520 --> 15:41.240]  it. And he did it as stupid as he possibly could. Now, did I go out back to judge McBride
[15:41.240 --> 15:47.240]  and say, Oh, I object. I object. You didn't do that right. You're supposed to do this,
[15:47.240 --> 15:52.520]  that or the other. No, I'm not going to tell him that he's a smart judge. He already knows
[15:52.520 --> 15:58.080]  that. When you deal with a public official, they violate a law relating to their office.
[15:58.080 --> 16:02.280]  You can't assume they don't know what they're doing. Of course they know what they're doing.
[16:02.280 --> 16:08.480]  If they don't, they're screwed. Screws for us. So since he already knows what he's doing,
[16:08.480 --> 16:13.720]  I could tell the next guy. Now I'm not going to tell this special agent in charge that
[16:13.720 --> 16:18.000]  the reason I'm sending it to him is to get him not to send it to the attorney general
[16:18.000 --> 16:26.040]  the way 28 US code 535 tells him to. So send that file against him. Oh, this is great fun.
[16:26.040 --> 16:30.160]  You guys will love it. Going to break, Randy Kelton, the ruler of our radio. I called in
[16:30.160 --> 16:38.400]  number 512-646-1984. Got the call lights open. We'll keep them open all night. Give us a
[16:38.400 --> 16:46.960]  call. Most any subjects concerning law tend to avoid politics. It always gives me a bite.
[16:46.960 --> 16:50.800]  Give us a call. We'll be waiting for you all night. We'll be right back.
[17:16.960 --> 17:24.920]  These have apples. Really? Oh, that's an actual apple. Yummy apple. I'm going to throw away
[17:24.920 --> 17:31.000]  these yucky cookies in the trash. I click control, shift, delete, and then scroll down
[17:31.000 --> 17:38.080]  to cookies and clear them. Bye bye, yucky cookies. Now I go to logosradio.network.com and I click
[17:38.080 --> 17:43.680]  on the Amazon box on the upper right-hand side, bookmark the link, and I can go to Amazon
[17:43.680 --> 17:49.960]  through this link and order you some yummy new cookies. New cookies for me? Consider it an early
[17:49.960 --> 17:55.160]  Christmas present. And every time I order on Amazon, I go through this link and I give a little
[17:55.160 --> 18:01.720]  present to this radio network, too. P is for cookie. P is for classified. Are you being harassed
[18:01.720 --> 18:07.280]  by debt collectors with phone calls, letters, or even lawsuits? Stop debt collectors now with
[18:07.280 --> 18:12.560]  the Michael Mears proven method. Michael Mears has won six cases in federal court against debt
[18:12.560 --> 18:18.000]  collectors, and now you can win, too. You'll get step-by-step instructions in plain English on how
[18:18.000 --> 18:22.960]  to win in court using federal civil rights statutes, what to do when contacted by phone,
[18:22.960 --> 18:28.120]  mail, or court summons, how to answer letters and phone calls, how to get debt collectors out
[18:28.120 --> 18:33.740]  of your credit report, how to turn the financial tables on them and make them pay you to go away.
[18:33.740 --> 18:39.320]  The Michael Mears proven method is the solution for how to stop debt collectors. Personal
[18:39.320 --> 18:44.520]  consultation is available as well. For more information, please visit ruleoflawradio.com
[18:44.520 --> 18:49.880]  and click on the blue Michael Mears banner, or email michaelmears at yahoo.com. That's
[18:49.880 --> 18:59.840]  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 collectors now.
[18:59.840 --> 19:10.280]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:29.840 --> 19:46.280]  Okay, we are back. Randy Kelton, the Rule of Law Radio, and on this Friday the 20th day of January
[19:46.280 --> 19:56.320]  2017. And in looking at the e-book, the e-book is really general. It doesn't go to cases.
[19:56.320 --> 20:08.120]  I will be adding material to this e-book. And one of the things I'm working on right now are forms.
[20:08.120 --> 20:15.560]  When you write motions or pleadings, you know, I get a lot of people call in and say,
[20:15.560 --> 20:22.520]  what should I do in this case? What should I do in that case? I have a set of forms,
[20:22.520 --> 20:31.080]  standard forms, and I've been studying how these forms are structured. And it turns out that the
[20:31.080 --> 20:38.280]  stuff you have to put into a form, like for motions, if you ever go to a motion hearing,
[20:38.280 --> 20:45.280]  the judge will schedule one day for motion hearings, and he'll hear one motion after another. It takes
[20:45.280 --> 20:50.040]  about four or five minutes each. They'll hand him a motion. He looks over it. It takes him two
[20:50.040 --> 20:56.640]  minutes. It's got all this stuff in there, but it only takes him two minutes. It only takes him
[20:56.640 --> 21:06.240]  two minutes because there's all this technical stuff that has to be there. Then the heading,
[21:06.240 --> 21:18.440]  the citation, whatever the case cause number is, parties, jurisdiction. There has to be a certificate
[21:18.440 --> 21:25.040]  of service. If there's facts, there has to be acknowledgement. And these are the portions of
[21:25.040 --> 21:36.480]  the motions or pleadings that take the most detail. And the place where most lawyers,
[21:36.480 --> 21:44.120]  paralegals and proceeds make their biggest blunders, they get the wrong address on a
[21:44.120 --> 21:51.120]  party or they leave something out. They miss something. And then the other side catches it
[21:51.120 --> 21:58.200]  and then they hammer them for it. And they have this, it's a real pain in the neck. So I will be
[21:58.200 --> 22:09.760]  building a tool where I take all of these forms and I put them in a folder. And then there's an
[22:09.760 --> 22:17.200]  input form in the folder. You go in and input your name, address. And then if you have a court case,
[22:17.200 --> 22:24.440]  you put in the cause number, you put in the opposing party, opposing party's lawyer, all their
[22:24.440 --> 22:32.920]  addresses, all this technical detail that goes on every single document you would file with the
[22:32.920 --> 22:41.680]  court. And all of those things that change with every single case. And the tiny annoying details
[22:41.680 --> 22:47.800]  that will give you incredible grief if you screw one up, like getting a party's address wrong.
[22:47.800 --> 22:54.040]  And then you send them proof of service and you just jump up down, clap your hands because they
[22:54.040 --> 23:00.760]  don't respond. And then you find out you sent it to the wrong address. That is so annoying. So,
[23:00.760 --> 23:10.880]  well, once you filled out this input form, then you go look at a motion or a pleading. And then
[23:10.880 --> 23:17.480]  you open that pleading and it'll auto fill all this stuff for you. And then you only have to
[23:17.480 --> 23:23.520]  put in what's pertinent to this particular motion. You don't have to worry about all that other stuff,
[23:23.520 --> 23:33.040]  getting a typo in it or forget to put something in. That I will be adding to the ebook through a
[23:33.040 --> 23:39.360]  website I'll be setting up. So anybody who buys the ebook, once I get the website set up, I'll
[23:39.360 --> 23:44.720]  give you a login and go to that website, put in your basic information. It'll all be secured
[23:44.720 --> 23:53.520]  so then get out. And then you just go look at these motions. Say the lawyer files a motion to
[23:53.520 --> 24:01.600]  withdraw. We go to the section on attorneys and then we go down to withdraw and right onto motion
[24:01.600 --> 24:09.760]  to withdraw is opposition to withdraw. And you open that up and it'll populate the whole thing.
[24:09.760 --> 24:14.920]  And then there'll be a little section in there where you type in why you don't want to withdraw.
[24:14.920 --> 24:22.560]  And even most of that we will already put in because most of the reasons that you would object
[24:22.560 --> 24:28.760]  to a lawyer withdrawing is because they're already paid in. He's under contract. So all that stuff,
[24:28.760 --> 24:39.120]  you just open it up, boom, it's done for you. And then as we work with these, people do these
[24:39.120 --> 24:48.080]  motions and you have a particular issue, say under an opposition to motion to withdraw.
[24:48.080 --> 24:56.160]  We'll add another section to address a particular issue. We'll put in folders for case law. We're
[24:56.160 --> 25:02.400]  going to make this Lexis on steroids. It's something I've been working on for a long time. And it turns
[25:02.400 --> 25:13.680]  out this ebook is a good segue into building an electronic lawyer essentially. But we will be
[25:13.680 --> 25:21.360]  adding a tremendous number of resources that will do these minor annoying little things that
[25:23.040 --> 25:25.920]  are repetitive and are often
[25:25.920 --> 25:31.360]  called, I'm trying to think of the right way to say this,
[25:31.360 --> 25:36.560]  when the other side does something, it implies certain things you should do.
[25:38.640 --> 25:42.080]  But if you don't know anything about law, you don't know what it implies.
[25:43.280 --> 25:46.880]  So if somebody files a challenge to subject matter jurisdiction,
[25:48.400 --> 25:52.000]  you have to file an answer and you have to file an answer within a certain time.
[25:52.000 --> 25:56.640]  And if you don't file that answer, until you file that answer, there are certain things the
[25:56.640 --> 26:03.600]  other side can't do. And we will start putting in explanations of these. So if you get a motion
[26:03.600 --> 26:09.920]  from the other side, you could go here and you open an opposition. It's going to explain to you
[26:11.120 --> 26:18.800]  what you need to know about that motion. So hopefully we can take someone who is not a legal
[26:18.800 --> 26:31.520]  expert. And just by following the steps, as the steps come through the litigation of the case,
[26:32.320 --> 26:38.880]  we'll be able to give them the specific information they need for whatever issues in front of them.
[26:38.880 --> 26:52.560]  So we're offering it also, if you buy the ebook, you'll get four chances in our drawing for the,
[26:53.840 --> 27:00.880]  I think it's an AR-15, I wrote it down. I was a weapon specialist in the military, but
[27:00.880 --> 27:13.520]  after getting out of the military, I stopped being a gun guy. It's an assault rifle, full assault
[27:13.520 --> 27:19.200]  rifle this year. I'll look it up on the break and then I'll get you the exact specification on it.
[27:19.200 --> 27:26.640]  Okay. Enough of my rambling. We've got a bunch of callers already. I'm going to go ahead and go to
[27:26.640 --> 27:40.000]  Scott in Texas. Hello, Scott. How you doing? Did it wake you up? No, no. I can barely hear you though.
[27:40.800 --> 27:47.280]  So I was just wondering. I don't know what to do. I've got a mixer, a big mixer here and I've got it
[27:47.280 --> 27:54.480]  maxed out. I've got the microphone almost stuck down my throat. I'm looking for a pre-app to put
[27:54.480 --> 28:00.640]  on this thing, but just the problem is if I pre-app it, then my mixer begins to crash out. So
[28:01.680 --> 28:12.320]  I'll try to stay close to the microphone. Okay. Well anyhow, I did send a writ of mandamus over
[28:12.320 --> 28:26.400]  to the fifth yesterday on them trying to figure out why they have jurisdiction over a case or,
[28:26.400 --> 28:32.960]  you know, for an appeal. Okay. Okay. Okay. This is an appeal for the traffic ticket appeal to the
[28:32.960 --> 28:40.000]  court of appeals. Yeah. From Mesquite to the fifth district in Dallas. Okay. They sent me back
[28:40.000 --> 28:47.200]  one during one day. Okay. That's what I thought. I saw your email. I responded to it. You didn't
[28:47.200 --> 28:55.200]  ask me back. Yes, I did. Well, I didn't bother to read it then. Oh, well you didn't bother to pick
[28:55.200 --> 29:04.080]  up my calls all week either. Okay. Here's the deal. Mesquite. So that's the city of Mesquite.
[29:04.080 --> 29:15.840]  Yeah. You can't appeal a traffic ticket to the court of appeals. That is appeal to the county
[29:15.840 --> 29:26.640]  court. Oh. By a motion to non-suit. There are a motion to withdraw the appeal.
[29:26.640 --> 29:36.720]  And then, oh, this is a problem. What? It should have been filed with the county court.
[29:41.200 --> 29:47.440]  So the motion, you need a motion for leave to file with the county court as it was timely filed,
[29:47.440 --> 29:57.280]  but filed in the wrong jurisdiction. They're likely to throw it out. Hang on. We'll be right back.
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[33:26.240 --> 33:38.960]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Scott in Texas. Scott,
[33:38.960 --> 33:44.240]  I think you have a problem, and I'm surprised you didn't know that.
[33:45.600 --> 33:50.560]  Haven't you already appealed a traffic ticket to a county court?
[33:50.560 --> 33:59.840]  No, this was actually because Addison denied that appeal from that judge over there,
[34:00.720 --> 34:06.960]  and so when he denied it, I didn't know you could just go ahead and appeal straight to
[34:08.000 --> 34:12.560]  the other court. I thought you could go through the judge, and so now I found out you can bypass
[34:12.560 --> 34:18.880]  that and just directly appeal yourself, but I didn't appeal that. So I asked you, and you're the
[34:18.880 --> 34:24.160]  one who told me to go ahead and stick it in. Okay, well, okay, now this is different information.
[34:24.160 --> 34:30.320]  That was the whole point I was going to. So you tried to appeal to the county court,
[34:30.320 --> 34:37.200]  and they denied it. So now you've appealed the county court's denial. I have not, no, because
[34:37.200 --> 34:45.360]  this was from Mesquite Municipal Court where they got the judgment, and so I appealed straight from
[34:45.360 --> 34:49.520]  that. I stuck the appeal over in the fifth because I thought that's where it was supposed to go.
[34:50.640 --> 34:59.200]  Okay, you, okay, it's always the same. You always have to appeal a municipal court decision
[34:59.760 --> 35:06.000]  to a county court, always. Okay, well, you told me it was to put it in the fifth. That's where
[35:06.880 --> 35:10.480]  I put it. Okay, look, Scott, Scott, this is not a mistake I make.
[35:10.480 --> 35:18.960]  You're a mistake I make, but you said you tried to file it with the county and the county denied it.
[35:18.960 --> 35:26.000]  No, never, because you know the case. I mean, it was in Mesquite.
[35:26.000 --> 35:34.560]  Yeah, I don't memorize these cases. Okay, Scott, the rule is the rule, and I don't forget the rule.
[35:34.560 --> 35:42.480]  So if you tried to file with the county court and the, okay, whoa, wait, hold on. Here's a problem
[35:42.480 --> 35:53.440]  with pronouns. Don't use pronouns. I tried to file an appeal and they denied it. Who was they?
[35:53.440 --> 36:05.680]  I have the only... That was a question. You tried to file an appeal and they denied it. That's what
[36:05.680 --> 36:12.720]  you told me. Now, I assumed when you said that, that they was the county court because that's
[36:12.720 --> 36:19.600]  where you file an appeal from in the municipal court. Is that who denied your appeal? No, the judge
[36:19.600 --> 36:25.760]  originally denied the appeal in Mesquite. Okay, now we need to teach you how to deliver
[36:25.760 --> 36:33.520]  good information. Yes. Who first? Mesquite judge denied your appeal to the county court.
[36:35.040 --> 36:42.000]  Now we've got something that you can... Okay, we still can't take that to the fifth.
[36:44.080 --> 36:47.760]  Yeah, I don't know why. I don't know how the fifth even got involved in this.
[36:47.760 --> 36:52.960]  So now the fifth wanted to know the information. It was funny because when I sent it over there,
[36:52.960 --> 36:56.000]  they wanted the information. I was like, okay, send them the information.
[36:59.040 --> 37:05.280]  Yeah, well, they didn't know it was improperly filed. Now this is what the fifth needs.
[37:07.280 --> 37:14.800]  You maintained that you filed and that you gave a notice of appeal to the municipal court judge.
[37:14.800 --> 37:19.040]  The municipal court denied your appeal to the county court.
[37:21.680 --> 37:24.800]  So your next point of appeal was the fifth circuit.
[37:26.560 --> 37:33.360]  And now what the fifth will do is give you direction and say, no,
[37:34.400 --> 37:39.280]  when the municipal court denies your appeal, this is what you must do.
[37:39.280 --> 37:43.200]  And then they'll almost certainly grant you time to do that.
[37:46.080 --> 37:50.720]  So if you had just overstepped the county court, then they'd have probably blew you off,
[37:50.720 --> 37:59.280]  but you didn't. You filed with the municipal court and if you filed timely and met the
[38:00.400 --> 38:06.240]  rules of the municipal court, then they're going to tell you how to
[38:06.240 --> 38:12.640]  handle this because the municipal court will have necessarily violated due process.
[38:15.600 --> 38:22.240]  So explain that to the court of appeals that you filed with the county court,
[38:22.240 --> 38:26.240]  but the local municipal court denied your appeal to the county court.
[38:27.200 --> 38:31.360]  Well, I did effectively because what I wrote to the M
[38:31.360 --> 38:39.280]  was basically that the judge had denied my appeal to the county court and then I'm writing to y'all
[38:39.280 --> 38:47.280]  and then they wanted to, they wanted me to write them back. I think I sent that over there to you too.
[38:49.600 --> 38:52.480]  They had a question about their jurisdiction
[38:52.480 --> 38:59.040]  and so I sent that quote or will rent out and you said, no, knucklehead, you can't use that.
[38:59.040 --> 39:04.160]  It needs to be like a written mandamus. So I wrote a written mandamus and sent it over there
[39:04.160 --> 39:13.120]  answering their question and also to bring the judge in compliance and basically you can't hear
[39:13.120 --> 39:14.640]  the case. You can't hear the case.
[39:14.640 --> 39:22.320]  And also to bring the judge in compliance and basically you can't hear the case.
[39:22.320 --> 39:30.960]  You asked the court of appeals to order the municipal judge to forward your appeal to the
[39:30.960 --> 39:37.440]  county clerk. Is that correct? Didn't say forward to the county clerk.
[39:37.440 --> 39:44.080]  Hang on, I'll pull it up again. What did you ask in your, what did you
[39:44.080 --> 39:46.720]  ask the court of appeals to mandate?
[39:46.720 --> 40:11.200]  It would be, it was, they sent a letter on January 9th concerning jurisdiction of this court. This
[40:11.200 --> 40:16.080]  court has jurisdiction well established by our counterplan. It's been on file well before the
[40:16.080 --> 40:20.960]  trial day and well over 90 days old. Unanswered should be noted that when the municipal court
[40:20.960 --> 40:28.400]  was challenged, the court went silent. Furthermore, after the trial, a guilty verdict was rendered.
[40:28.400 --> 40:32.800]  A challenge to subject matter jurisdiction was entered onto the record the next day.
[40:32.800 --> 40:38.960]  Judge Crane denied outright. Judge Crane performed acts of law with violence abusing his discretion,
[40:38.960 --> 40:44.160]  treason to his oath. The decision to convey a hearing to determine subject matter jurisdiction
[40:44.160 --> 40:52.080]  was probably properly established in order to enter any verdict. I asked the court issue a
[40:53.040 --> 41:00.320]  rear mandamus on Judge Crane, removing him of office until he can perform his duties as prescribed
[41:00.320 --> 41:05.600]  by code, statute code and law. Okay. Wrong place to do that.
[41:07.120 --> 41:13.920]  Thanks. What they're going to do is almost certainly is rule they don't have subject
[41:13.920 --> 41:22.960]  matter jurisdiction for that rid of mandamus for that question, that should have went to the county
[41:22.960 --> 41:35.280]  court. And what will happen based on your response here is they will re-characterize
[41:35.280 --> 41:47.520]  your filing as a rid of mandamus and not an appeal. And now you need to take, this raises a question,
[41:47.520 --> 41:54.960]  which I'm not sure what the answer is. Or even if there's case law on this, if you file a proper
[41:54.960 --> 42:05.360]  appeal with the proper court, so you, I'm sorry, if you give a notice of appeal to the trial court
[42:07.440 --> 42:14.000]  and the trial court does not forward your records to the appellate court, which in this case will be
[42:14.000 --> 42:26.240]  the county court, how much time do you have in order to secure a mandamus? I'm going to say
[42:26.240 --> 42:35.600]  you filed your notice of appeal timely. So you got it in time. So that clock's not running.
[42:35.600 --> 42:42.400]  Okay. The issue here is that the municipal court did not
[42:43.840 --> 42:52.640]  forward the records the way they were required to. So now go to, you might notice the court of appeals
[42:52.640 --> 43:03.200]  to withdraw your appeal as filed an error and then file a rid of mandamus with the county court
[43:03.200 --> 43:10.160]  ordering, asking the county court to order the municipal court to forward all the documentation
[43:10.160 --> 43:20.000]  to the county court. Okay. This is, this is not the place to argue the subject matter
[43:20.000 --> 43:27.040]  jurisdiction issue. First, you have to get it into court so you can argue that issue.
[43:27.040 --> 43:35.760]  You can argue that issue. So it's, it's, it's okay because it's very clear to these guys
[43:36.800 --> 43:43.680]  that you're going to get to the court of appeals. But first you made a mistake and you're learning,
[43:44.720 --> 43:51.920]  but unlike most people, you're not going away. You make a mistake, you correct it and keep going.
[43:51.920 --> 43:57.360]  Hang on to fixing stuff on the other side. Randy Kelton, David Stevens, Rue La Radio.
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[46:22.400 --> 46:27.840]  Okay, we are back. Randy Kelcom, Rule of Law Radio here with Scott in Texas.
[46:28.800 --> 46:34.960]  And Scott, you need to get the ebook and read the part about no pronouns.
[46:36.080 --> 46:44.560]  For the rest of this conversation, I would like you to practice not using any pronouns at all.
[46:46.080 --> 46:50.800]  I know you've listened to me on the air and you've heard me say that I don't need to sound
[46:50.800 --> 47:02.160]  pedantic. And when you don't use pronouns, at first to the writer or to the speaker,
[47:02.160 --> 47:08.880]  it sounds pedantic. It sounds like you're giving unnecessary detail.
[47:10.800 --> 47:18.400]  And the reason it does that is because you have exquisite access to referential index.
[47:18.400 --> 47:26.640]  You know precisely who you're referring to. I, as the listener, may or may not know.
[47:27.760 --> 47:34.880]  Any time you use a pronoun, I'm going to be mentally stopped for a second. And I got to
[47:34.880 --> 47:42.160]  back up and go through the conversation to make sure that I apply that he, them, her, they,
[47:42.160 --> 47:49.600]  to the right entity. And once I'm sure I got that right, then I can move on. That breaks me right
[47:49.600 --> 47:58.480]  out of flow. And that only happens if you're being very, very careful. If you're not being
[47:58.480 --> 48:07.440]  very, very careful, you will use the term they. And I assume that I know who they refers to.
[48:07.440 --> 48:13.760]  It may or may not be correct. And if I'm incorrect, now we're going down a rabbit hole.
[48:14.640 --> 48:18.160]  I think we're talking about one thing. You think we're talking about another,
[48:18.160 --> 48:22.320]  and neither one of us knows what we're talking about. Does that make sense, Scott?
[48:23.760 --> 48:30.640]  Oh yeah. Okay. I'll be a little bit more definitive from here on out, trust me. So
[48:30.640 --> 48:37.120]  was you saying that that would be a writ of mandamus to the county court? Wait a minute. Wait, you just
[48:37.120 --> 48:44.000]  used a pronoun. What? That. Referential index for that.
[48:46.080 --> 48:56.240]  You said to submit a writ of mandamus to the court in order to order the county court to get the
[48:56.240 --> 49:02.880]  records from the municipal court. Perfect. That, I can't misconstrue that.
[49:04.160 --> 49:09.840]  What you just said. If I'm a lawyer, it's my job to misconstrue everything you say.
[49:10.560 --> 49:20.640]  That I could not misconstrue. Okay. Yes. Okay. Mandamus to the county court because of the county
[49:20.640 --> 49:28.880]  court is the next court in line of jurisdiction. And it sounds to me like the court of appeals
[49:29.920 --> 49:38.560]  is doing to you exactly what Harmon Taylor keeps telling people. They're hitting you with a padded
[49:38.560 --> 49:45.440]  tube before. They're trying to cheat you. They're going to deny your pleading because they know
[49:45.440 --> 49:54.560]  you can't give them jurisdiction. But the appeals courts is going to give you opportunity to try
[49:54.560 --> 49:59.280]  to give them jurisdiction. And in doing that, you're going to figure out that you can't.
[50:01.040 --> 50:11.280]  They do this all the time. This is a standard thing that judges do. And I'm constantly telling
[50:11.280 --> 50:18.960]  people when they get a response from the court, they don't like, just read it, read it real careful.
[50:20.400 --> 50:28.400]  Because for the most part, they do this to both sides of an issue. If they deny a motion or
[50:28.400 --> 50:33.200]  pleading, they're going to tell you why they denied it. This is what's wrong. This is what's
[50:33.200 --> 50:39.760]  wrong. This is what's wrong. One of my favorite documents I ever read was on 38th of July,
[50:39.760 --> 50:50.480]  was a 38 page response to a appeal to the Pennsylvania Supreme Court on a traffic ticket.
[50:52.000 --> 50:57.040]  And the guy was using a lot of this patriot mythology garbage.
[50:59.200 --> 51:07.520]  I read the appeal, it was trash. The Pennsylvania Supreme Court spent
[51:07.520 --> 51:15.840]  38 pages going through that in excruciating detail telling me telling him this was wrong.
[51:15.840 --> 51:20.080]  This is wrong. This is wrong. And this is why and this is how you need to fix it.
[51:21.040 --> 51:24.320]  And they explained every step what he needed to do to fix it.
[51:26.000 --> 51:34.960]  I was astonished. It was a wonderful piece of education, educated material. So, okay, enough of
[51:34.960 --> 51:46.720]  that. Yes, mandamus to the county court. You filed your appeal timely. The municipal court denied it.
[51:47.920 --> 51:51.840]  You asked the county court to order them to give you appeal to their court.
[51:54.880 --> 52:04.160]  And then file a motion to withdraw your appeal from the court of appeals being very apologetic
[52:04.160 --> 52:11.760]  at your pro se ignorance and promise never to do it again. And you appreciate their education.
[52:15.520 --> 52:20.400]  This is good. Here I see all the courts and everything. Nobody's screwing anybody around
[52:20.400 --> 52:29.440]  here. They're all doing what they're supposed to. Okay, that's cool.
[52:29.440 --> 52:34.960]  And just for the listener, you know, this is a mistake that Scott made.
[52:36.240 --> 52:43.760]  Well, take one guess how I'm familiar with that mistake.
[52:45.920 --> 52:53.040]  Being there, done that. I have some knowledge of how to move around in the courts. And that's
[52:53.040 --> 52:57.040]  because I've done it wrong. That's about everything you can do wrong. I've done it wrong.
[52:57.040 --> 53:07.200]  Well, wait, wait, wait. The definition between mistake and error. You don't ever want to say
[53:07.200 --> 53:17.120]  that you made an error because an error can have criminal liabilities against the word errors and
[53:17.120 --> 53:23.520]  omissions insurance. You always say you made a mistake. The mistake, they can't punish you
[53:23.520 --> 53:30.320]  for a mistake. Well, hell, everybody makes mistakes, but an error that could lead to criminal charges.
[53:30.320 --> 53:38.080]  So that's real. You never forget anything. You simply don't recall.
[53:40.240 --> 53:49.440]  Right. Yeah. Now this is pedantic, but as cases get more serious,
[53:49.440 --> 53:59.040]  these become issues. And Scott, you're exactly right. An error is in law has a different meaning
[53:59.040 --> 54:10.560]  than a mistake. A mistake in law is an excusable error. An error that's not excusable is negligence.
[54:10.560 --> 54:18.320]  But that's a little fine. But right now it's enough to know that if you file a document in good
[54:18.320 --> 54:25.760]  faith, for the most part, at least once you get out of these municipal courts, the courts will
[54:25.760 --> 54:35.360]  treat them in good faith. If you've done your homework and they're less tolerant with lawyers,
[54:35.360 --> 54:41.040]  they're less tolerant with lawyers, but with proceeds, they're pretty tolerant.
[54:41.760 --> 54:49.520]  If you go to them and give them a good argument, you know, I seldom get much of an attitude from
[54:49.520 --> 55:00.400]  courts over my pleadings because the primary trick is to make your pleading look like the other
[55:00.400 --> 55:11.600]  lawyers' pleadings. And the way to do that is plagiarize, plagiarize, plagiarize. Exactly.
[55:11.600 --> 55:17.680]  Nice segue into these forms that I'm building. Once I get these forms up,
[55:18.800 --> 55:26.080]  I will suggest that nobody ever write a pleading from scratch.
[55:26.080 --> 55:33.520]  The forms that I'm building, the structure of those forms are taken from some of the local
[55:33.520 --> 55:43.680]  litigation guides. So this is exactly how the courts expect to see these motions and pleadings
[55:43.680 --> 55:51.440]  put together. That's why the judge can take a motion and she knows what it is because he
[55:51.440 --> 55:56.640]  knows what it is because he can ignore all this other stuff. It looks exactly like what you've
[55:56.640 --> 56:06.480]  seen 500 times. So he only has to look at the meat. So once you get that part down, and once
[56:06.480 --> 56:12.160]  I get this up, it'll make that part a lot easier. But until I have it, don't write your own motion
[56:12.160 --> 56:18.960]  if you can avoid it. Find one that a lawyer has already written and do it in that form. That'll
[56:18.960 --> 56:25.760]  tell the judge that you're using correct form and you're struggling to get this right. They will
[56:25.760 --> 56:32.480]  generally treat you just like a young lawyer and give you the same kind of positive feedback that
[56:32.480 --> 56:39.360]  they give lawyers. Sometimes it's not so positive to young lawyers, but judges mentor lawyers and
[56:39.360 --> 56:45.040]  they'll mentor you as well if you treat them with respect. That's enough. I'm not going to say
[56:45.040 --> 56:49.600]  anything else good about judges for tonight. I don't want anybody mad at me. Okay, Scott,
[56:49.600 --> 56:58.160]  you had another comment and I cut you off. Yeah. And shoot, I was trying to think of exactly. I
[56:58.160 --> 57:05.120]  had a real specific point I wanted to make too and I can't seem to recall it right now. Dang it.
[57:05.120 --> 57:13.600]  Well, my mama is 94 and she tells me that's not going to get better. And actually part of this
[57:13.600 --> 57:22.640]  is in the e-book. This goes to pattern interruptions, a tool that you can use to trigger amnesia.
[57:23.760 --> 57:31.280]  You can trigger short-term amnesia. If I tell you something that I don't want you to be able to
[57:31.280 --> 57:41.440]  consciously think about, all I have to do is shift gears and say, I reach in my pocket and say,
[57:41.440 --> 57:48.640]  anybody see any keys laying around? Man, I think I lost my keys. Oh, here they are. And then go
[57:48.640 --> 57:53.280]  and talk about something else. I've just done a pattern interruption and you're going to get
[57:53.280 --> 57:56.880]  amnesia for what I just said. That's what I just did to you without meaning to.
[57:56.880 --> 58:03.040]  Oh, thanks. You're really helping. Hey, it's the kind of guy I am. Over the break, maybe you can
[58:03.040 --> 58:08.720]  figure out what that was. If you can't, then we'll go to Don from New Mexico. I hope he's going to
[58:08.720 --> 58:14.720]  be glad to hear what I've done to Judge McBride. I'm having so much fun at the judge's expense.
[58:15.520 --> 58:22.400]  Randy Kelton, the rule of law radio. I call it number 512-646-1984.
[58:22.400 --> 58:29.040]  And go to Logos Radio Network. We have our fun drive going again this year. We're trying to get
[58:29.040 --> 58:36.080]  $10,000 so we can get upgrades and equipment. And $10,000 a year to run a whole radio station is
[58:36.080 --> 58:41.840]  a job change. And if everybody is into four or five bucks, we'd be in good shape. We'll be right back.
[58:45.040 --> 58:47.440]  Would you like to make more definite progress?
[58:47.440 --> 58:54.240]  Would you like to make more definite progress in your walk with God? Bibles for America is offering
[58:54.240 --> 58:59.680]  a free study Bible and a set of free Christian books that can really help. The New Testament
[58:59.680 --> 59:04.720]  Recovery Version is one of the most comprehensive study Bibles available today. It's an accurate
[59:04.720 --> 59:09.760]  translation and it contains thousands of footnotes that will help you to know God and to know the
[59:09.760 --> 59:15.520]  meaning of life. The free books are a three-volume set called Basic Elements of the Christian
[59:15.520 --> 59:21.120]  Life. Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of
[59:21.120 --> 59:27.280]  salvation growing in Christ and how to build up the church. To order your free New Testament
[59:27.280 --> 59:34.080]  Recovery Version and Basic Elements of the Christian Life, call Bibles for America toll-free
[59:34.080 --> 59:49.120]  at 888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[59:50.880 --> 59:54.960]  Live free speech radio, logosradionetwork.com.
[59:54.960 --> 01:00:08.400]  The following use flash is brought to you by the Lone Star Lowdown, providing your daily bulletins
[01:00:08.400 --> 01:00:16.240]  for the commodity market. Today in history, news updates and the inside scoop into the tides of
[01:00:16.240 --> 01:00:27.600]  the alternatives. Markets for Wednesday the 18th of January 2017 are currently trading with gold
[01:00:27.600 --> 01:00:37.440]  at $1,211.45 an ounce, silver $17.23 an ounce, Texas crude $52.48 a barrel, and Bitcoin is
[01:00:37.440 --> 01:00:50.720]  currently sitting at about $878 U.S. currency. Today in history, the year 2005, the Airbus A380,
[01:00:50.720 --> 01:00:55.840]  the world's largest commercial jet to date, is unveiled at its ceremony in Toulouse, France.
[01:00:55.840 --> 01:01:01.360]  It has roughly 6,000 square feet of usable floor space, can seat up to 853 people in an
[01:01:01.360 --> 01:01:07.680]  all-economy class, and has a flight range of roughly 8,500 nautical miles. The Airbus A380
[01:01:07.680 --> 01:01:13.120]  didn't get its first commercial flight until later that year in April, but it was unveiled today
[01:01:13.120 --> 01:01:22.160]  in history. In recent use, President Obama announced his exercise of clemency in commuting
[01:01:22.160 --> 01:01:27.520]  the sentence of Chelsea, formerly Bradley Manning. Manning had been arrested in 2010 after being
[01:01:27.520 --> 01:01:32.320]  outed by former hacker Adrian Lammo for being the main WikiLeaks source on the hundreds of
[01:01:32.320 --> 01:01:37.520]  thousands of sensitive U.S. government documents filed them, which included Cablegate and collateral
[01:01:37.520 --> 01:01:44.560]  murder. 39 minutes of classified gunsight footage in 2010 in Iraq, which shows two USAH-64 Apache
[01:01:44.560 --> 01:01:50.080]  helicopters indiscriminately shooting and killing unarmed civilians, including two Iraqi war
[01:01:50.080 --> 01:01:55.680]  correspondents working for Reuters. Manning was held in virtual solitary confinement for 23 hours
[01:01:55.680 --> 01:02:00.800]  a day at a Marine Corps brig, and sometimes even stripped completely naked. In 2013, he was
[01:02:00.800 --> 01:02:06.000]  sentenced in a military tribunal to 35 years in prison with the possibility of parole in the eighth
[01:02:06.000 --> 01:02:11.440]  year and dishonorably discharged from the Army. As a result of Obama's pardon, Manning will be free
[01:02:11.440 --> 01:02:16.400]  in May. To add a twist to all this, Julian Assange, founder of WikiLeaks, tweeted last week via
[01:02:16.400 --> 01:02:21.760]  WikiLeaks' Twitter account that, quote, if Obama grants Manning clemency, Assange will agree to
[01:02:21.760 --> 01:02:27.600]  U.S. extradition despite clear unconstitutionality of the Department of Justice case. Assange has
[01:02:27.600 --> 01:02:32.720]  spent over four years in hideout at the Ecuadorian embassy in London. Melinda Taylor, a member of
[01:02:32.720 --> 01:02:38.240]  Mr. Assange's legal team, recently stated to the press that everything that he has said he's standing
[01:02:38.240 --> 01:02:43.920]  by. The Lone Star Lowdown is currently looking for sponsors and even contributors. See if the product
[01:02:43.920 --> 01:02:48.800]  or service you like to advertise with us or even want to write articles and read for us, feel free
[01:02:48.800 --> 01:02:58.000]  to give me a call at 210-363-2257. This is Rick Roady with your Lowdown for January 18th, 2017.
[01:02:58.000 --> 01:03:14.000]  It's all according to the will of the Almighty. I read his book and he said,
[01:03:16.000 --> 01:03:21.440]  Okay, we are back. Randy Kelton, the ruler of our radio, and we're talking to Scott.
[01:03:21.440 --> 01:03:29.520]  Scott, did you remember what it was you were going to ask me? Negative, so I'll just say goodbye
[01:03:29.520 --> 01:03:37.440]  and y'all have fun. Okay, thank you, Scott. Okay, now we're going to go to Don in New Mexico. Hello,
[01:03:37.440 --> 01:03:46.480]  Don. Hey, Randy, how you doing? I am following your prescription. You're following mine and I'm
[01:03:46.480 --> 01:03:54.960]  following yours. I made up a criminal complaint against Judge McBride. I called the FBI
[01:03:56.320 --> 01:04:03.920]  and talked to some woman and asked her if she was an FBI agent. She said no.
[01:04:05.760 --> 01:04:13.760]  I said, Are you an attorney? And she said, I just do intake. Well, I may need an attorney
[01:04:13.760 --> 01:04:18.720]  so that I have someone who can understand the technical nature of the complaint I'm going to
[01:04:18.720 --> 01:04:26.000]  bring. Well, I did intake. Well, who are you? What's your name? We're not allowed to reveal our
[01:04:26.000 --> 01:04:38.000]  identity. Oh, so I'm talking to the secret police, am I? She wound up hanging up on me. I explained
[01:04:38.000 --> 01:04:46.640]  the issue and she didn't understand it. Yeah. I re-explained 18 U.S. Code 242 and she's in
[01:04:46.640 --> 01:04:52.240]  the section where you file complaints against public officials and she pretends like she
[01:04:52.240 --> 01:05:02.960]  don't understand it. Then terminates the call. Oh, well, we'll see how that works. So I will
[01:05:02.960 --> 01:05:10.640]  I will put in a request for the, you know, they warned me that this conversation was being
[01:05:10.640 --> 01:05:18.240]  recorded for quality control purposes. So I'm going to ask for that tape.
[01:05:21.200 --> 01:05:28.080]  I've had this before. Deborah and I were in Philadelphia and I went to the FBI
[01:05:28.080 --> 01:05:36.720]  with a accusation I had received from a woman in jail in Bexar County who witnessed a grisly murder
[01:05:36.720 --> 01:05:45.120]  by the guards. And I went to, they had a little window and they had an agent behind the window
[01:05:46.320 --> 01:05:55.040]  and told him that I was there to file complaints against all the U.S. magistrates. It's kind of a
[01:05:55.040 --> 01:06:00.640]  kind of a long story with a scam they were pulling where the feds would go in and tell the local
[01:06:00.640 --> 01:06:06.800]  police that they had a warrant to search and seize and they need the police to run to security.
[01:06:06.800 --> 01:06:10.240]  So the police would come out, drag you out of your house at two o'clock in the morning
[01:06:11.200 --> 01:06:15.360]  and then the feds would go in, steal whatever they wanted, then leave and disappear.
[01:06:17.280 --> 01:06:20.960]  No prosecution, no nothing. They'd just steal everything you got and leave.
[01:06:20.960 --> 01:06:28.080]  And I was trying to short-circuit that. And the agent asked me if I had ever filed a
[01:06:28.880 --> 01:06:35.680]  complaint with the FBI before. I said, well, I tried to, but I couldn't get it filed. He said,
[01:06:35.680 --> 01:06:39.440]  well, what was the complaint? I told him it was a grisly murder by jail guards.
[01:06:40.320 --> 01:06:47.200]  Now I got his attention, his eyes lit up. He said, well, you can file that complaint with me.
[01:06:47.200 --> 01:06:55.200]  I said, well, who are you? And he kind of sat back in his charity. You could tell it, it
[01:06:56.240 --> 01:07:01.200]  bothered him, but he said, well, we're not allowed to identify ourselves.
[01:07:03.200 --> 01:07:10.880]  You're not allowed to identify yourself. So what do I call you? See, he had a big,
[01:07:10.880 --> 01:07:17.840]  a garish blue tie on. So what do I call you? Secret agent blue tie?
[01:07:19.680 --> 01:07:26.400]  Debra almost fell out in the floor and the guy was mortified. He's a 26, 27, young guy
[01:07:27.200 --> 01:07:35.680]  and clearly he was mortified. And I told him there is absolutely no way on earth. I'm going to give
[01:07:35.680 --> 01:07:42.000]  this complaint to a secret agent. That is not going to happen. I'm going to know who gets it.
[01:07:42.000 --> 01:07:53.280]  And your tool gives me exactly what I need. So I made up a complaint against a federal judge,
[01:07:53.280 --> 01:08:04.240]  John McBride, the one I lovingly refer to as the speaker. I, I filed a complaint with the FBI,
[01:08:04.240 --> 01:08:10.480]  I filed a petition for declaratory judgment with the state in the form of a quiet title action.
[01:08:11.840 --> 01:08:17.440]  Wells Fargo promptly removed it to the federal court along with a motion to
[01:08:17.440 --> 01:08:23.760]  dismiss for failure of state of claim on which a claim can be had. I promptly filed a challenge
[01:08:23.760 --> 01:08:31.600]  to subject matter jurisdiction. The opposition did not respond to my subject matter jurisdiction
[01:08:31.600 --> 01:08:37.760]  challenge. And the day I non-suited Judge McBride dismissed with prejudice.
[01:08:39.920 --> 01:08:45.600]  I non-suited because the lawyer for Wells Fargo said this case should be dismissed because
[01:08:46.560 --> 01:08:55.040]  Wells Fargo was not the lender. Say what? They're trying to foreclose and they testify in court
[01:08:55.040 --> 01:09:00.080]  they're not the lender. So I non-suited right away so they couldn't fix the error and made
[01:09:00.080 --> 01:09:05.760]  it collateral estoppel. The same day I non-suited Judge McBride dismissed with prejudice
[01:09:07.120 --> 01:09:10.080]  for failure to state a claim of which recovery can be had.
[01:09:12.000 --> 01:09:14.880]  It's a petition for declaratory judgment. There is no recovery.
[01:09:19.200 --> 01:09:26.240]  Got it. And this is not a complex legal argument. This is really clear.
[01:09:26.240 --> 01:09:34.480]  So when I got the dismissal I was just dancing around. This is a Christmas present.
[01:09:35.760 --> 01:09:42.960]  So I sent it to the SAC in Dallas. What did he violate?
[01:09:45.680 --> 01:09:54.240]  18 U.S. Code 242 in that. Oh okay. Yeah he exerted or purported to exert an authority he did not have.
[01:09:54.240 --> 01:09:59.120]  There was an unanswered challenge to subject matter jurisdiction before the court.
[01:10:00.560 --> 01:10:08.560]  Instead of filing a motion to remand I challenged subject matter jurisdiction because the 2011
[01:10:08.560 --> 01:10:18.560]  Venue and Removal Clarification Act says that while a suit, an action with state and federal
[01:10:18.560 --> 01:10:26.720]  and federal issues can be removed to the federal court, the state issues must be severed and remanded.
[01:10:28.480 --> 01:10:35.120]  That tells me they don't have, the federal court does not have subject matter jurisdiction
[01:10:35.760 --> 01:10:45.200]  to hear state issues. That was exactly the purpose of the 2011 Venue and Removal
[01:10:45.200 --> 01:10:53.280]  Clarification Act is to clear up a dispute between the circuits. One circuit said you can hear the
[01:10:53.280 --> 01:10:59.760]  state issues under judicial economy. Other circuits said no you can't it's an undue
[01:10:59.760 --> 01:11:06.000]  preemption of state law. The legislature chimed in and said yes it's an undue preemption you can't
[01:11:06.000 --> 01:11:16.640]  hear state issues. Boom changed 200 years of law. That's the Texas legislature? Yes. Yeah. So I'm
[01:11:16.640 --> 01:11:23.200]  sorry no that's the federal legislature this is federal law. Oh okay. Oh they have to sever and
[01:11:23.200 --> 01:11:28.480]  remand. Well he that tells me he didn't have subject matter jurisdiction so I hit him with a
[01:11:28.480 --> 01:11:36.960]  subject matter jurisdiction challenge. I have no doubt that the judge never asked. It just it was
[01:11:36.960 --> 01:11:44.240]  a pro se filing he dismissed with prejudice. This is a third one for me that he for me partially
[01:11:44.240 --> 01:11:51.040]  that he has dismissed with prejudice. Same suit he saw my name on it saw it was the same suit
[01:11:51.040 --> 01:12:01.040]  dismissed it with prejudice. Well this one wasn't the same. Anyway so I sent it to the SAC if you
[01:12:01.040 --> 01:12:09.120]  know the routine the SAC is going to trash it then I may get a call from the SAC but I doubt it.
[01:12:10.000 --> 01:12:18.800]  The SAC is special agent in charge for those who don't know every FBI office has a special agent
[01:12:18.800 --> 01:12:25.200]  in charge. So say it directly to him my family. Oh the when I call the FBI they wouldn't tell me
[01:12:25.200 --> 01:12:32.320]  who anybody was. Total secret police. They wouldn't tell you what? You're breaking up a little bit.
[01:12:33.040 --> 01:12:41.280]  Okay when I call the FBI they wouldn't tell me who anyone was. I ask who's the SAC we can't identify
[01:12:41.280 --> 01:12:50.480]  any employees. So they're playing secret police. So that'll work. So I looked on the internet
[01:12:50.480 --> 01:12:57.040]  found the SAC found an article where he was appointed. Right. So I sent it to him
[01:12:58.720 --> 01:13:04.800]  and he's not going to do anything with it. Then I will take a complaint against him
[01:13:04.800 --> 01:13:13.920]  for failing to act under 535, 28 U.S. Code 535 and send that to the U.S. Attorney.
[01:13:15.920 --> 01:13:19.840]  And when he fails to act then I go straight to D.C.
[01:13:21.120 --> 01:13:24.480]  To the U.S. Attorney in D.C. or straight to the Attorney General?
[01:13:24.480 --> 01:13:33.360]  The Attorney General. Okay. I go straight to the Attorney General because the way I read 535
[01:13:33.360 --> 01:13:42.480]  535 just because the U.S. Attorney is the prosecutor I don't see anything in there
[01:13:42.480 --> 01:13:49.280]  that excludes the prosecutor from that requirement. No that's right.
[01:13:52.240 --> 01:14:00.080]  He thinks he has discretion. Well maybe he does. But as to notify the Attorney General he has no
[01:14:00.080 --> 01:14:06.720]  discretion. So that's perfect. That allowed me to sting him. Okay. Okay. Enough of my stuff.
[01:14:07.760 --> 01:14:13.600]  The SAIC here blew off my complaint and I went ahead and filed a complaint against him with the
[01:14:13.600 --> 01:14:19.360]  U.S. Attorney which they got on January 4th and today I sent out a letter to the Attorney
[01:14:19.360 --> 01:14:24.960]  General asking if they knew anything about this complaint and so I'm that's kind of where that
[01:14:24.960 --> 01:14:32.320]  one stands. Oh good you're a month or so ahead of me. Yeah and there's a new Attorney General
[01:14:32.320 --> 01:14:42.480]  stepping in I think on Monday. Oh perfect. Yeah. A new Attorney General and for the most part he
[01:14:42.480 --> 01:14:51.600]  has appointed people who are not mainstream politicians. So do you know who this new Attorney
[01:14:51.600 --> 01:15:02.080]  General is? Sessions right? Sessions. That sounds right. He is going to want to establish his
[01:15:02.080 --> 01:15:10.240]  position. Yeah during his confirmation hearing he was talking up the rule of law. Oh good.
[01:15:13.120 --> 01:15:17.200]  When I got all of the highest judges in Texas put in front of a grand jury
[01:15:17.200 --> 01:15:22.400]  I thought it was all the pressure I put on them and all of my eloquent oratory.
[01:15:23.840 --> 01:15:28.800]  There was none of that. None of that had none of the stuff I did have anything to do with it.
[01:15:30.320 --> 01:15:36.960]  It was Ron Earl, 25 year prosecuting attorney. The guy that took out Tom DeLay illegally.
[01:15:38.560 --> 01:15:44.720]  Nobody ever accused Tom DeLay of a crime and Ron Earl took him out of office. Second highest
[01:15:44.720 --> 01:15:52.400]  political figure in the U.S. and local district attorney takes him out. He's not running for
[01:15:52.400 --> 01:16:02.400]  office again. All these judges are a Republican. All 15 of them and he's a Democrat. He used my
[01:16:02.400 --> 01:16:09.920]  complaint for cannon fodder. That's what you are Don. You're cannon fodder from the Attorney
[01:16:09.920 --> 01:16:18.800]  General. If he picks it up he will drop the sky on your local guy. Hang on. About to go to break
[01:16:18.800 --> 01:16:26.960]  Randy Kelton, rule of law radio. Our call in number 512-646-1984. Give us a call during the break.
[01:16:26.960 --> 01:16:34.720]  Go have a look at Logos Radio Network. Check out our gun giveaway for this year and be a good time
[01:16:34.720 --> 01:16:41.920]  to purchase the ebook and that will give you four chances in the gun giveaway. Okay hang on we'll
[01:16:41.920 --> 01:17:04.560]  be right back. I love Logos. Without the shows on this network I'd be almost as ignorant as my friends.
[01:17:04.560 --> 01:17:09.200]  I'm so addicted to the truth now that there's no going back. I need my truth fix. I'd be lost
[01:17:09.200 --> 01:17:14.080]  without Logos and I really want to help keep this network on the air. I'd love to volunteer
[01:17:14.080 --> 01:17:18.640]  as a show producer but I'm a bit of a Luddite and I really don't have any money to give because I
[01:17:18.640 --> 01:17:24.800]  spent it all on supplements. How can I help Logos? Well I'm glad you asked. Whenever you order anything
[01:17:24.800 --> 01:17:30.320]  from Amazon you can help Logos in ordering your supplies or holiday gifts. First thing you do is
[01:17:30.320 --> 01:17:38.080]  clear your cookies. Now go to LogosRadioNetwork.com. Pick on the Amazon logo and bookmark it. Now when
[01:17:38.080 --> 01:17:44.720]  you order anything from Amazon you use that link and Logos gets a few pesos. Do I pay extra? No.
[01:17:44.720 --> 01:17:50.720]  Do you have to do anything different when I order? No. Can I use my Amazon Prime? No. I mean yes.
[01:17:50.720 --> 01:17:56.800]  Wow giving without doing anything or spending any money this is perfect. Thank you so much.
[01:17:56.800 --> 01:18:03.680]  We are welcome. Happy holidays Logos. Are you being harassed by debt collectors with phone calls
[01:18:03.680 --> 01:18:09.680]  letters or even lawsuits? Stop debt collectors now with the Michael Mears proven method. Michael
[01:18:09.680 --> 01:18:15.120]  Mears has won six cases in federal court against debt collectors and now you can win too. You'll
[01:18:15.120 --> 01:18:20.400]  get step-by-step instructions in plain English on how to win in court using federal civil rights
[01:18:20.400 --> 01:18:26.400]  statute. What to do when contacted by phone mail or court summons. How to answer letters and phone
[01:18:26.400 --> 01:18:31.040]  calls. How to get debt collectors out of your credit report. How to turn the financial tables
[01:18:31.040 --> 01:18:37.280]  on them and make them pay you to go away. The Michael Mears proven method is the solution for
[01:18:37.280 --> 01:18:42.880]  how to stop debt collectors. Personal consultation is available as well. For more information please
[01:18:42.880 --> 01:18:48.800]  visit ruleoflawradio.com and click on the blue Michael Mears banner or email michaelmears at
[01:18:48.800 --> 01:18:58.080]  yahoo.com. That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn
[01:18:58.080 --> 01:19:06.480]  how to stop debt collectors now. This is the Logos Radio Net.
[01:19:15.280 --> 01:19:16.880]  Ain't gonna blame me.
[01:19:20.880 --> 01:19:22.080]  Don't blame me.
[01:19:22.080 --> 01:19:34.560]  Ain't gonna fool me with that same old thing.
[01:19:34.560 --> 01:19:42.960]  Okay, we are back. We're in Kelton in the Rule of Law Radio on this Friday the 20th day of January
[01:19:42.960 --> 01:19:49.440]  2017 and we're talking to Don in New Mexico. Okay, Don, when we went out last time you were
[01:19:49.440 --> 01:19:59.680]  getting a lot of background knowledge. Yeah, sounds a little better to me. You're not breaking
[01:19:59.680 --> 01:20:10.000]  up as much. Okay, good, good. Okay, now you're moving on. You're getting ready to move on the
[01:20:10.000 --> 01:20:23.120]  Attorney General. Have you heard anything from the IRS since you started this? Nothing new, nothing
[01:20:23.120 --> 01:20:30.960]  really since the end of December. Okay, that's only a month so that's not not long enough to
[01:20:30.960 --> 01:20:40.080]  tell if this has backed them off. But your complaint, your primary complaint was that, okay,
[01:20:40.080 --> 01:20:46.240]  let me let me back up. Bring this back up to speed. What did you file against the SAC
[01:20:48.000 --> 01:20:51.840]  or did you just file against an agent?
[01:20:51.840 --> 01:21:02.400]  Well, I sent a complaint to the FBI on the supervisor here basically for,
[01:21:03.680 --> 01:21:15.760]  what is it, 18 USC 242. Okay, supervisor, the IRS supervisor. Right, and, you know, nothing's
[01:21:15.760 --> 01:21:23.120]  happened with that. So I went ahead and did a complaint against the SAC over here of the FBI
[01:21:23.120 --> 01:21:30.240]  and sent that to the US Attorney. And I'm waiting, you know, they got that on January 4th and I'm,
[01:21:30.240 --> 01:21:34.080]  I've been waiting to hear something and I haven't heard a word. So I'm figuring they just buried it.
[01:21:36.320 --> 01:21:43.040]  And so now I'm, I sent a letter today out to the Attorney General's office asking if they had any
[01:21:43.040 --> 01:21:49.680]  information about that complaint, what the status was. And then I'm going to proceed from there and
[01:21:49.680 --> 01:21:56.560]  I guess when I don't hear anything back. Another couple of weeks. Yeah, I'm going to do a criminal
[01:21:56.560 --> 01:22:04.640]  complaint against the US Attorney and send that to the Attorney General. Right. That I was thinking
[01:22:04.640 --> 01:22:13.200]  as you were talking, a criminal complaint against the attorney, filed with the Attorney General.
[01:22:13.200 --> 01:22:24.000]  I need to look closely at the Attorney General's charter. Okay. Exactly what is his duty?
[01:22:24.000 --> 01:22:34.000]  Is he effectively the main US Attorney for the country? And I believe he is.
[01:22:36.000 --> 01:22:44.000]  I believe so too. I think that's in 535. It talks about the Attorney General.
[01:22:46.800 --> 01:22:48.800]  But I can look at that stuff again.
[01:22:48.800 --> 01:22:57.520]  I need to look at it and see if we can find some case law on it so that when we get to the Attorney
[01:22:57.520 --> 01:23:08.240]  General, we can dictate his behavior to him before some of his underling munchkins come and try to
[01:23:08.240 --> 01:23:21.600]  feed him a bunch of crapola. So we want all of our case law, where we make the complaint and show
[01:23:21.600 --> 01:23:31.600]  why he's the right one to make the complaint to. So that when he looks for input, we already have
[01:23:31.600 --> 01:23:36.400]  this law in front of them and his people can't lie to him, which they are certainly pulling.
[01:23:36.400 --> 01:23:41.440]  But if I'm filing a complaint because the US Attorney didn't notify him that there was a
[01:23:41.440 --> 01:23:45.600]  complaint against a government employee, who else would I send it to?
[01:23:47.360 --> 01:23:57.680]  Well, grand jury or another US Attorney or a district judge. This is why I'm thinking
[01:23:57.680 --> 01:24:09.120]  we need something that points directly at the US Attorney. I'm sorry, the Attorney General,
[01:24:10.320 --> 01:24:19.120]  showing that he has specific authority to enforce this requirement. Because he may not.
[01:24:19.120 --> 01:24:21.520]  That's Attorney, right? I mean, that's basically what he is.
[01:24:21.520 --> 01:24:30.400]  Yeah, you would think that he would be the one to adjudicate it, but I'm not sure.
[01:24:31.440 --> 01:24:33.360]  I'll do some looking into that too.
[01:24:34.400 --> 01:24:42.560]  But on the other hand, we might not want to tell him because if he doesn't do it right,
[01:24:42.560 --> 01:24:52.640]  then we file against the US Attorney General with a local grand jury and the US Attorney General,
[01:24:52.640 --> 01:25:02.880]  or you would file with the US Attorney in DC. And the new US Attorney is not going to be a happy camper.
[01:25:02.880 --> 01:25:13.120]  No, I would imagine so. And you know the kind of stuff that rolls
[01:25:13.120 --> 01:25:19.280]  downhill when the boss is not happy. Well, I'm trying to make him not so happy.
[01:25:20.320 --> 01:25:28.800]  At the end of the day, it doesn't have anything to do with law or only incidentally has to do with
[01:25:28.800 --> 01:25:36.720]  law. Your remedy incidentally has to do with law. Your remedy lies in the politics.
[01:25:38.400 --> 01:25:44.480]  Well, the grand jury felon got my letter on Tuesday.
[01:25:46.400 --> 01:25:49.200]  Oh, okay. Hold on back up. We didn't hear about that one.
[01:25:50.080 --> 01:25:57.920]  Yeah, I know this is I went ahead then. Since the US Attorney was ignoring complaints,
[01:25:57.920 --> 01:26:01.840]  I went ahead and in the FBI too. I went ahead and sent the grand jury foreman
[01:26:02.800 --> 01:26:08.960]  complaint against the IRS supervisor. And I sent it, I just heard restricted and the
[01:26:08.960 --> 01:26:14.640]  green card came back with a stamped or computerized signature. It's dotted.
[01:26:15.440 --> 01:26:22.560]  So it almost looks like it was run through and printed in the on the green card or it could be
[01:26:22.560 --> 01:26:33.360]  a stamp. But I've never kind of standard procedure. Yeah, this is okay. This is interesting.
[01:26:34.800 --> 01:26:39.200]  I don't know if it's the name of the grand jury foreman. You don't need that don't matter.
[01:26:40.400 --> 01:26:45.840]  Oh, grand is only going to be one. So if they can identify who it is, that's enough.
[01:26:45.840 --> 01:26:55.280]  But filed a complaint. Okay, you didn't file against the US Attorney with
[01:26:56.240 --> 01:27:03.440]  the grand jury, but the IRS supervisor. Yeah, you filed against the IRS supervisor
[01:27:03.440 --> 01:27:09.280]  because the US Attorney wouldn't because the FBI wouldn't act on your complaint.
[01:27:09.280 --> 01:27:15.280]  And now you have a complaint against the US Attorney with the Attorney General. Oh,
[01:27:15.280 --> 01:27:23.440]  okay. You don't have that in yet. Right. I'm thinking, how do we really compromise the US
[01:27:23.440 --> 01:27:34.400]  Attorney? When I do mine, I filed with the SAC and when he doesn't respond, I'm going to file with
[01:27:34.400 --> 01:27:45.920]  the US Attorney. And I'm going to file with the US Attorney so that when I do file with the foreman
[01:27:45.920 --> 01:27:55.040]  of the grand jury, I have the US Attorney compromised. I'll contact the Attorney General.
[01:27:55.040 --> 01:28:05.040]  And when I file, I want to research the Attorney General, see what his prosecutorial authority is.
[01:28:07.440 --> 01:28:12.960]  And in either case, I'll file with him and the local grand jury at the same time.
[01:28:15.040 --> 01:28:20.000]  Because I want the US Attorney to get a call from the Attorney General's office.
[01:28:20.000 --> 01:28:26.160]  And I also want him to get a criminal complaint to the foreman of the grand jury. Now, he's not
[01:28:26.160 --> 01:28:34.080]  going to let that foreman open it. He's going to open it. And when he opens it, it's a criminal
[01:28:34.080 --> 01:28:44.720]  complaint against him. Oops. That demonstrates that that will demonstrate to him the problem with him
[01:28:44.720 --> 01:28:54.240]  opening mail directed to somebody else. So I'm going to assume that he's intercepted the mail.
[01:28:55.280 --> 01:29:05.040]  Well, almost certainly, he will notify you that if you send anything else to the grand jury,
[01:29:05.040 --> 01:29:11.760]  he will charge you with witness tampering. That's what they generally do.
[01:29:11.760 --> 01:29:20.800]  Okay. And the reason I developed this strategy is that's exactly what they did in Fort Lauderdale,
[01:29:20.800 --> 01:29:27.600]  Florida, when we filed against an IRS agent there. And by the way, we got that one fired.
[01:29:29.680 --> 01:29:35.600]  But he threatened me with the jury tampering and I threatened him with witness tampering,
[01:29:35.600 --> 01:29:43.200]  told him, take your best shot, bubba. Then they fired the agent. Hang on, Randy Kelton,
[01:29:43.200 --> 01:29:50.160]  the rule of law radio. I called it number 512-646-1984. We'll be right back.
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[01:33:18.080 --> 01:33:33.040]  Okay. We are back. Randy Kalkin, U of I Radio, talking to Don in New Mexico.
[01:33:34.640 --> 01:33:40.400]  Okay, Don. So how are we going to set up the U.S. Attorney?
[01:33:40.400 --> 01:33:47.440]  Well, I think once upon a time, you mentioned filing a complaint with the U.S. Postmaster.
[01:33:48.880 --> 01:33:54.960]  No, that might have been somebody else. Not the Postmaster, but we go back to the Postmaster with
[01:33:54.960 --> 01:34:06.960]  a complaint about the U.S. Attorney tampering with the mail. Right. And that was the idea.
[01:34:06.960 --> 01:34:13.200]  Yeah. I think they've kind of done away with the postal inspectors to some degree.
[01:34:13.840 --> 01:34:18.320]  So they may not be as available as they used to. I think they pushed that off to the FBI.
[01:34:20.000 --> 01:34:25.200]  But I saw something on that recently. Do I go back to the FBI?
[01:34:25.840 --> 01:34:31.760]  I think so. I saw something on it. At the time, I didn't have time to research it out, but
[01:34:31.760 --> 01:34:37.760]  it indicated that they had essentially eliminated the postal inspectors and moved that
[01:34:39.040 --> 01:34:44.240]  authority to the FBI. But I'll have to check that out to be sure. And it won't matter if we
[01:34:44.240 --> 01:34:47.680]  try to go to the postal inspectors and they're the wrong ones. They'll tell us who to go to.
[01:34:48.960 --> 01:35:00.000]  But because the U.S. Attorney always opens anything mailed to the grand jury. And after
[01:35:00.000 --> 01:35:07.760]  reading Scalia's dissertation or his opinion in I think his Montgomery case,
[01:35:09.760 --> 01:35:16.880]  where he says that once the court consecrates a grand jury, it essentially becomes a fourth
[01:35:16.880 --> 01:35:25.200]  branch of government. For the U.S. Attorney to intercept mail directed to a grand jury,
[01:35:25.200 --> 01:35:34.720]  I can't find anything giving him that authority. So if I'm going to have a U.S. Attorney
[01:35:34.720 --> 01:35:41.840]  intercepting mail, I want him to intercept something that he should absolutely never
[01:35:41.840 --> 01:35:53.200]  see or touch to complain against himself. So that's when he'll know you've set him up.
[01:35:53.200 --> 01:36:00.720]  And that's why I put that cover letter on there telling them the foreman that I have problems with
[01:36:02.160 --> 01:36:08.000]  U.S. Attorney's secreting complaints from grand jurors. So if he opens it, now he's standing
[01:36:08.000 --> 01:36:14.080]  there with a letter warning the foreman that he'll do just exactly what he did.
[01:36:14.080 --> 01:36:21.440]  And the complaints against him. Good luck with that, Bubba.
[01:36:21.440 --> 01:36:25.680]  If I don't hear anything from the grand juror, the foreman,
[01:36:28.480 --> 01:36:31.680]  maybe I'll just do another letter to the grand jury foreman at that point.
[01:36:33.360 --> 01:36:42.240]  That's generally what I do. The first one is a complaint against generally an IRS FBI agent
[01:36:42.240 --> 01:36:50.080]  or something. I want to stack my complaints so that I file against the first person and
[01:36:50.080 --> 01:36:58.800]  then I never file against him again, like your IRS agent. Then you file with the FBI agent.
[01:36:58.800 --> 01:37:05.200]  The next time you file, it's against the FBI agent for not acting on the complaint against the IRS.
[01:37:05.200 --> 01:37:13.280]  You file that with the grand jury. And then the grand jury, you don't hear anything back from it.
[01:37:13.280 --> 01:37:20.160]  So you presume that the U.S. Attorney intercepted it. You file another one with them against the
[01:37:20.160 --> 01:37:24.960]  U.S. Attorney. Now he knows he's been set up. Okay.
[01:37:27.600 --> 01:37:32.880]  That's the worst thing that can happen to them. It's when they look at that and say,
[01:37:32.880 --> 01:37:37.760]  this guy walked me right into this. Now he's got me.
[01:37:40.720 --> 01:37:46.720]  That would be a nice next step. Or sometimes the U.S. Attorney will be arrogant enough to call you
[01:37:46.720 --> 01:37:55.040]  like the guy in Florida. Yeah. I'll give them a couple of weeks to answer, to respond to it.
[01:37:55.040 --> 01:38:01.440]  They just got that on Tuesday. So the one in Florida would have been much better off just
[01:38:01.440 --> 01:38:07.280]  to keep his mouth shut and say nothing. He wanted to play hardball.
[01:38:07.280 --> 01:38:16.240]  In the meantime, the supervisor of the supervisor is getting complained about with the FBI in Los
[01:38:16.240 --> 01:38:22.160]  Angeles. That is wonderful. That's when the politics really starts.
[01:38:22.160 --> 01:38:32.400]  Okay, Don, keep us up to date. This is going to be an interesting case. And what happens to you
[01:38:33.440 --> 01:38:38.960]  will tell me how to make adjustments in mind. If they find a way to circum,
[01:38:39.760 --> 01:38:45.120]  short circuit yours, then I'll make adjustments to mine right behind it.
[01:38:45.120 --> 01:38:53.040]  And when they get complaints from separate entities, they're going to feel like they're under siege.
[01:38:55.840 --> 01:39:01.520]  And I hope they do. It's time. It's time. Okay. Thank you, Don.
[01:39:03.840 --> 01:39:07.600]  Now we're going to go to Charlene in New York. Hello, Charlene.
[01:39:08.800 --> 01:39:11.200]  Hi, Randy. And happy new year to you.
[01:39:11.200 --> 01:39:18.000]  Oh, you too. What do you have for us today? I had sent the email. It was a while back.
[01:39:18.000 --> 01:39:22.960]  It was back in December. But what I want to know, I'm just a little confused about something. So
[01:39:22.960 --> 01:39:30.320]  basically, a foreclosure lien has been filed against the property in the Supreme County
[01:39:30.320 --> 01:39:37.440]  Clerk's record, Department of Records. So my question is, we continue to receive mail
[01:39:37.440 --> 01:39:44.800]  about the mortgage interest rates going up and the current mortgage each month. So I'm just
[01:39:44.800 --> 01:39:50.560]  confused that does that continue to go up even if a property is in foreclosure and listed to be
[01:39:51.040 --> 01:39:52.880]  auctioned off? Yes.
[01:39:52.880 --> 01:39:57.760]  They continue to have mortgage rates going, interest rates like the mortgage is still being
[01:39:57.760 --> 01:40:03.840]  paid on or because we get these statements. And it's just really confusing. I'm like, okay,
[01:40:03.840 --> 01:40:09.200]  if the house is in foreclosure, they continue to send statements about interest rates and payments
[01:40:09.200 --> 01:40:17.760]  to. The contract doesn't cease until the foreclosure is adjudicated, until there's a final order.
[01:40:19.120 --> 01:40:25.280]  Have you answered the petition for foreclosure?
[01:40:25.280 --> 01:40:36.240]  No, I haven't received anything like that yet. No, no. They haven't filed suit in the state.
[01:40:36.240 --> 01:40:44.800]  You said they filed with the Supreme Court. Those who don't know, in New York, the Supreme Court
[01:40:44.800 --> 01:40:50.240]  is one of the lowest courts, not the high court. Oh, okay. I didn't know that.
[01:40:50.240 --> 01:40:58.880]  Okay. Yes. In most every other state, the Supreme Court is the highest court. New York's got that
[01:40:58.880 --> 01:41:10.400]  backwards. Okay. So what did they file with the Supreme Court? Foreclosure lien. That's what's
[01:41:10.400 --> 01:41:20.560]  saying, a lien for foreclosure against the property and for the property to be input an option.
[01:41:20.560 --> 01:41:28.320]  I think you may be misinterpreting what you're reading. I think they filed an action to enforce
[01:41:28.320 --> 01:41:34.240]  the lien. Okay. So does that mean that-
[01:41:34.240 --> 01:41:41.440]  You've got 20 days here. I think in New York, it may be 30 days to answer. If you don't answer,
[01:41:41.440 --> 01:41:52.560]  they could default judgment. Okay. I don't know how to follow up with it.
[01:41:52.560 --> 01:41:56.720]  If the proceedings are in the middle of the foreclosure or if they're just beginning,
[01:41:56.720 --> 01:42:06.400]  it's just really, I'm just sort of lost. You need a lawyer. You are going to run out
[01:42:06.400 --> 01:42:13.280]  of time really fast. If that is a petition to enforce a lien, because they would not file a lien
[01:42:13.280 --> 01:42:25.280]  with the courts in New York. The lien is filed with the county clerk. If they file a lien,
[01:42:25.280 --> 01:42:32.320]  if they file something with the court, then it's almost certainly a petition to enforce the lien.
[01:42:34.720 --> 01:42:38.400]  Petition for foreclosure. Okay. That's the difference. Okay.
[01:42:39.360 --> 01:42:47.040]  As I just found this information, it was through realtor advertisements stating about our house,
[01:42:47.040 --> 01:42:53.520]  the state that it's in. So it wasn't an actual petition form, but it was a realtor's information
[01:42:53.520 --> 01:42:57.200]  stating that they- Oh, okay. So you weren't served by the court?
[01:42:58.000 --> 01:43:03.760]  No, this wasn't by the court. I'm sorry. I should have clarified that. No, this was a realtor's
[01:43:04.400 --> 01:43:12.480]  advertisement information. You had sent me an email and I hadn't had time to look at it. I was
[01:43:12.480 --> 01:43:23.920]  looking for it. But if you weren't officially served, then you don't have a foreclosure yet.
[01:43:23.920 --> 01:43:31.040]  When you get one, make sure you check the court rules. I think in New York, you've got 30 days
[01:43:31.040 --> 01:43:38.960]  to respond, but you have to make sure because most states and the fed, it's the Monday after
[01:43:38.960 --> 01:43:46.560]  the 20th day from the date you received it. So you don't have as much time. If you don't get
[01:43:46.560 --> 01:44:09.520]  a response in, it's over quickly. Great. Okay. But since I have no idea what the action is.
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[01:46:18.160 --> 01:46:23.680]  Okay, we are back. Lady Kelton, Rule of Law Radio. We're talking to Charlene in New York.
[01:46:23.680 --> 01:46:28.720]  On the break, I look at the email and all that is is a list of
[01:46:30.960 --> 01:46:36.800]  what they alleged that you owe. So it doesn't look like you're actually in foreclosure yet.
[01:46:40.320 --> 01:46:46.720]  Oh, okay. Okay, because basically it's just confusing based on those statements. They're
[01:46:46.720 --> 01:46:52.240]  sending it like we're actually paying mortgage rate in the house. It's not in the foreclosure,
[01:46:52.240 --> 01:46:58.240]  but they're still asking for the $2,000 a month towards a mortgage.
[01:46:59.600 --> 01:47:03.280]  Yeah, they're going to keep asking for that right up until the time
[01:47:03.920 --> 01:47:10.720]  they get an order from the court. Once they get a foreclosure order from the court,
[01:47:10.720 --> 01:47:12.640]  then the contract is terminated.
[01:47:12.640 --> 01:47:20.640]  Oh, all right. Okay. Thank you for clarifying that part.
[01:47:23.040 --> 01:47:30.560]  So my next question, because I know I had contacted you prior, but I don't know if
[01:47:30.560 --> 01:47:37.280]  on the air was the right time to mention it, but I remember you had sent an email
[01:47:37.280 --> 01:47:44.320]  in December based about your services in terms of the payments and what you've went over.
[01:47:45.200 --> 01:47:50.800]  I'm not going to be able to do that. I've got other business issues that's coming about
[01:47:52.480 --> 01:47:55.280]  that my time is too tied up now.
[01:47:57.440 --> 01:48:04.640]  I have a piece of equipment that I designed so 20 years ago, and I'm in the process of building the
[01:48:04.640 --> 01:48:10.480]  the production right now, and I'm hoping to launch it by February 1st,
[01:48:12.720 --> 01:48:16.240]  make a whole bunch of money, then I can help support this radio station.
[01:48:19.520 --> 01:48:23.920]  Oh, okay. So this is definitely not the place to talk about that.
[01:48:26.080 --> 01:48:28.640]  Right. On the air is not the proper...
[01:48:29.840 --> 01:48:32.000]  Just send me an email and I'll explain.
[01:48:32.000 --> 01:48:38.160]  Okay. Okay. Yes. Definitely. That's what I was definitely concerned that a private
[01:48:39.520 --> 01:48:44.240]  contact would be better. Okay. Thank you.
[01:48:44.960 --> 01:48:52.160]  Okay. Thank you, Ms. Charlene. Okay. Now we're going to go to Susan in Texas. Hello, Ms. Susan.
[01:48:53.600 --> 01:48:54.720]  Hi, Randy. How are you doing?
[01:48:54.720 --> 01:49:04.560]  I'm doing good. Okay. You sent me an email and it was a good issue to talk about on the air.
[01:49:04.560 --> 01:49:07.600]  Will you bring everybody up to speed on what your issue is?
[01:49:11.520 --> 01:49:14.400]  This is the best way I can think of approach it is...
[01:49:15.840 --> 01:49:19.680]  Wait a minute. I'm having a little trouble understanding you. Can you move the microphone
[01:49:19.680 --> 01:49:25.680]  down by your chin a little bit? Your voice is kind of distorting the mic. Is this better?
[01:49:27.040 --> 01:49:29.040]  A little bit. Kind of sounds like you're in a well.
[01:49:32.640 --> 01:49:36.000]  Are you on a computer or a cell phone? Cell phone.
[01:49:37.040 --> 01:49:47.120]  Okay. Then it's just a phone. Okay. Go ahead. Okay. My issue is with an
[01:49:47.120 --> 01:49:55.440]  assistant DA in Wichita County, John Gillespie. He went into...
[01:49:56.720 --> 01:50:02.080]  Oh, wait a minute. Hold on. What was his name again? Let's make sure we get it clear.
[01:50:03.360 --> 01:50:06.880]  John Gillespie. John Gillespie. Okay.
[01:50:06.880 --> 01:50:19.520]  He had pictures taken of a 25-year-old disabled woman, naked.
[01:50:23.120 --> 01:50:26.400]  Okay. You said she was the victim of assault?
[01:50:26.400 --> 01:50:37.680]  No. Yeah. I would say so. Yeah. No, no. What I'm trying to get at, how did the
[01:50:38.640 --> 01:50:44.720]  prosecutor come by these photos? Okay. Let me bring everybody up to speed.
[01:50:46.560 --> 01:50:53.680]  What Susan is claiming is that the prosecuting attorney has nude photos of a victim
[01:50:53.680 --> 01:51:02.080]  and she was disabled, so she was unable to give consent, and he made these nude photos public.
[01:51:03.680 --> 01:51:09.440]  And that's what her issue is right now. Am I correct in that? Did I get that right?
[01:51:10.160 --> 01:51:17.920]  Yeah. Exactly right. Okay. How did the prosecutor come by these photos?
[01:51:17.920 --> 01:51:22.880]  What I'm getting at, did the police take these photos, or were these photos evidence from some
[01:51:22.880 --> 01:51:31.120]  other crime? The sheriff's department took these photos, but apparently he was there at the scene
[01:51:31.840 --> 01:51:40.160]  when they took the photos. So this is someone who was a victim. The sheriff's department takes
[01:51:40.160 --> 01:51:49.600]  photos of, what are sheriff's deputies doing in proximity here? Were these male deputies or females?
[01:51:51.600 --> 01:51:57.360]  They were all male. In fact, there were 12 officers that ended up there in the house
[01:51:58.080 --> 01:52:05.760]  standing around for three hours, and nobody even had the decency to just put a blanket on them.
[01:52:05.760 --> 01:52:10.800]  And nobody even had the decency to just put a blanket over the woman.
[01:52:13.120 --> 01:52:15.680]  And they're standing around taking photos of her.
[01:52:17.600 --> 01:52:20.400]  They should all be charged with sexual assault.
[01:52:22.160 --> 01:52:28.720]  Okay. I agree. I don't want to know too much about the circumstance, but
[01:52:28.720 --> 01:52:34.640]  why was she unable to cover herself?
[01:52:36.320 --> 01:52:41.760]  I've known Ashley since she was born. She was covered as...
[01:52:44.000 --> 01:52:51.200]  No. What I'm getting at, was she disabled to the point that she was unable to cover herself,
[01:52:51.200 --> 01:52:55.360]  or was she deprived of something to cover herself with?
[01:52:55.360 --> 01:53:07.280]  She threw it off of herself. She was dressed and had blankets that morning, but after
[01:53:07.280 --> 01:53:13.840]  the sheriff's department came in and is legally blind, so she had no idea what was going on,
[01:53:14.800 --> 01:53:21.760]  she could hear her mother in the other room. And she was furious that, you know,
[01:53:21.760 --> 01:53:27.040]  why isn't mom coming and taking care of me like she's done every day for the last 25 years?
[01:53:31.040 --> 01:53:39.680]  Okay. I'm trying to... I'm thinking I'm a sheriff's deputy or I'm a prosecuting attorney.
[01:53:40.400 --> 01:53:45.120]  How am I going to explain my actions? How am I going to explain a way?
[01:53:45.120 --> 01:53:50.640]  What argument would a sheriff's deputy have for being in that room with her
[01:53:51.840 --> 01:54:02.160]  naked and not covering her up? Or leaving the room if she wasn't a suspect leaving the room?
[01:54:05.520 --> 01:54:10.000]  I can't think of an excuse that that can come up with.
[01:54:10.000 --> 01:54:18.000]  Okay. Did this have to do with an assault against this woman
[01:54:20.400 --> 01:54:24.480]  by a third party? That was the only assault up until that time.
[01:54:25.440 --> 01:54:29.440]  No, wait, you're being really, really cryptic to the point that I have...
[01:54:29.440 --> 01:54:35.040]  I don't even know how to evaluate this. Is she the victim because she was there
[01:54:35.040 --> 01:54:40.640]  and they saw her naked? Or was she victim when they got there?
[01:54:44.320 --> 01:54:46.320]  When did she become the victim?
[01:54:49.040 --> 01:54:54.240]  That's really hard to say. What happened is they came to the house
[01:54:55.360 --> 01:54:59.520]  for a bench warrant for somebody that didn't even live at the house.
[01:54:59.520 --> 01:55:04.960]  And they decided to come into the house in search of her.
[01:55:04.960 --> 01:55:16.480]  Oh, okay. That's what we need. So, what did they... Do you know if there was any
[01:55:17.280 --> 01:55:27.680]  thing in the warrant or any statements that would give you an explanation of what was going on?
[01:55:27.680 --> 01:55:33.440]  That would give these deputies probable cause to believe
[01:55:33.440 --> 01:55:36.240]  that the person named in the warrant was in the house.
[01:55:39.840 --> 01:55:44.560]  Well, other than the fact that they had him in custody by the time that they went into her room.
[01:55:46.720 --> 01:55:52.320]  Oh, come on. You give me trouble getting information out. So,
[01:55:52.320 --> 01:56:00.320]  was he in the house when they entered? No, he wasn't when they entered.
[01:56:00.320 --> 01:56:05.840]  So, what was their reason for entering the house? They had none.
[01:56:07.840 --> 01:56:12.960]  Oh, no. They had a... Okay, no, no. They had a bench warrant.
[01:56:12.960 --> 01:56:20.320]  I'm not talking about your argument against them. I'm trying to get...
[01:56:20.320 --> 01:56:27.680]  I'm trying to get the facts of the case. You have a policeman out here who's about to enter
[01:56:27.680 --> 01:56:37.520]  a private residence. That in law is a big deal. And he's got a gun on his hip. That makes it an
[01:56:37.520 --> 01:56:45.920]  even bigger deal. So, when he walks in that door, he's going to have an excuse. What was his excuse?
[01:56:45.920 --> 01:56:52.720]  What they're going to say is that Brandon gave them permission to enter the house.
[01:56:58.880 --> 01:57:02.480]  So, they arrested this guy and just randomly came to this house?
[01:57:07.520 --> 01:57:11.440]  Pretty much. Apparently, Mickey had at one time put it on his
[01:57:11.440 --> 01:57:15.600]  personal information, maybe. Wait a minute. This is not...
[01:57:16.400 --> 01:57:19.440]  I'm using up a lot of time here and this is not making any sense.
[01:57:21.200 --> 01:57:28.960]  Can you send me a timeline, an email? I can send you the case.
[01:57:31.520 --> 01:57:35.840]  Wait, say that again? I can send you the case. The
[01:57:35.840 --> 01:57:43.040]  District Attorney published his case on the District Attorney's, District and County Attorney's
[01:57:43.040 --> 01:57:47.760]  website. Are these tapes of her nude?
[01:57:51.120 --> 01:57:54.560]  If it is, I don't want to see those. There's no tapes. There's just photographs.
[01:57:55.600 --> 01:58:01.200]  I don't need the tapes. I need the facts of the case.
[01:58:01.200 --> 01:58:09.280]  Okay. Give me a timeline. This happened, this happened, this happened, this happened, without
[01:58:11.040 --> 01:58:18.880]  legal argument or explanation. Just what happened and the time sequence in which it happened.
[01:58:19.440 --> 01:58:27.040]  Then we can talk. Then I can ask intelligent questions. First, I'm trying to determine
[01:58:27.040 --> 01:58:35.200]  how the police had probable cause to enter a private residence displaying deadly weapons.
[01:58:36.640 --> 01:58:40.320]  In this country, that's a big deal. Hang on. We'll be right back.
[01:58:40.320 --> 01:58:47.680]  Randy Kelton, Rue of La Radio. I call it number 512-646-1984. We'll be right back.
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