ROL_2017-01-20_16k_Hr3-4.timecode

[00:00.000 --> 00:07.880]  The following newsflash is brought to you by the Lone Star Lowdown, providing you daily
[00:07.880 --> 00:10.160]  bulletins for the commodities market.
[00:10.160 --> 00:23.280]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.280 --> 00:29.560]  Markets for Wednesday, the 18th of January, 2017, are currently trading with gold at $1,211.45
[00:29.560 --> 00:37.840]  an ounce, silver at $17.23 an ounce, Texas crude at $52.48 a barrel, and Bitcoin is currently
[00:37.840 --> 00:46.520]  sitting at about $878 U.S. currency.
[00:46.520 --> 00:52.440]  Today in history, the year 2005, the Airbus A380, the world's largest commercial jet to
[00:52.440 --> 00:56.040]  date, is unveiled at its ceremony in Toulouse, 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 --> 01:11.720]  The Airbus A380 didn't get its first commercial flight until later that year in April, but
[01:11.720 --> 01:18.120]  it was unveiled today in history.
[01:18.120 --> 01:22.340]  In recent news, President Obama announced his exercise of clemency in commuting the
[01:22.340 --> 01:27.480]  sentence of Chelsea, formerly Bradley Manning. Manning had been arrested in 2010 after being
[01:27.480 --> 01:32.240]  outed by former hacker Adrian Lamo for being the main WikiLeaks source on the hundreds
[01:32.240 --> 01:36.160]  of thousands of sensitive U.S. government documents filed against him, which included
[01:36.160 --> 01:41.400]  cablegate and collateral murder, 39 minutes of classified gunsight footage in 2010 in
[01:41.400 --> 01:48.120]  Iraq, which shows two US AH-64 Apache helicopters indiscriminately shooting and killing unarmed
[01:48.120 --> 01:52.760]  civilians, including two Iraqi war correspondents working for Reuters.
[01:52.760 --> 01:57.440]  Manning was held in virtual solitary confinement for 23 hours a day at a Marine Corps brig
[01:57.440 --> 02:02.720]  and sometimes even stripped completely naked. In 2013, he was sentenced in a military tribunal
[02:02.720 --> 02:07.560]  to 35 years in prison with the possibility of parole in the eighth year and dishonorably
[02:07.560 --> 02:12.280]  discharged from the Army. As a result of Obama's pardon, Manning will be free in May.
[02:12.280 --> 02:16.400]  To add a twist to all this, Julian Assange, founder of WikiLeaks, tweeted last week via
[02:16.400 --> 02:21.280]  WikiLeaks' Twitter account that, quote, if Obama grants Manning clemency, Assange will
[02:21.280 --> 02:27.520]  agree to U.S. extradition despite clear unconstitutionality of the Department of Justice case. Assange
[02:27.520 --> 02:32.320]  has spent over four years in hideout at the Ecuadorian embassy in London. Melinda Taylor,
[02:32.320 --> 02:36.800]  a member of Mr. Assange's legal team, recently stated to the press that everything that he
[02:36.800 --> 02:39.560]  has said, he's standing by.
[02:39.560 --> 02:43.600]  The Lone Star Lowdown is currently looking for sponsors and even contributors. See if
[02:43.600 --> 02:47.040]  you have a product or a service you'd like to advertise with us or even want to write
[02:47.040 --> 02:53.960]  articles and read for us, feel free to give me a call at 210-363-2257. This was Rick
[02:53.960 --> 03:22.520]  Brody with your Lowdown for January 18, 2017.
[03:22.520 --> 03:28.160]  Okay, we are back. I'm Randy Kelton, the rear of La Radio, and we're talking to Susan in
[03:28.160 --> 03:38.000]  Texas. And Susan, I've had run-ins with Wichita Falls myself. It's been several years ago.
[03:38.000 --> 03:45.360]  I'm asking these questions trying to be sensitive. Apparently, there is clearly things that you
[03:45.360 --> 03:51.720]  don't feel comfortable revealing, and I understand that. I'm trying to ask questions in a way
[03:51.720 --> 03:59.440]  that I can respect that sensitivity, but in order to be able to give you any idea of how
[03:59.440 --> 04:08.160]  to make a claim against a prosecuting attorney, there are some specific details that I need.
[04:08.160 --> 04:20.560]  But with that aside, let me back up. There is one thing that stands out. If a prosecutor
[04:20.560 --> 04:29.520]  has photos taken by the police who entered a private residence and took those photos
[04:29.520 --> 04:43.800]  in a private residence of someone in a compromising position, then the prosecutor released those
[04:43.800 --> 04:59.600]  photos to the public. The prosecutor himself is in a very vulnerable position because releasing
[04:59.600 --> 05:09.120]  photos to the public is not a prosecutorial function. That's a discretionary act that
[05:09.120 --> 05:18.840]  has nothing to do with prosecuting unless there was some reason that these photos were
[05:18.840 --> 05:27.320]  released that had directly to do with the prosecution.
[05:27.320 --> 05:40.840]  What happened was... Let me back up. There's an indictment. I've got an indictment here
[05:40.840 --> 05:52.880]  for the day that they went into the residence. Let me take a second.
[05:52.880 --> 06:04.560]  Okay. This is a letter from the grand jury indictment. The grand jury of Wichita County
[06:04.560 --> 06:24.040]  organized it into a date. It says, on or about the day of April 25th, 2013, that Robin Payne
[06:24.040 --> 06:30.360]  did intentionally, knowingly, or recklessly cause the exploitation of Ashley Ochoa, a
[06:30.360 --> 06:38.720]  disabled person. Okay. That's when the photos were taken.
[06:38.720 --> 06:47.200]  Okay. They're accusing someone of exploiting this woman and they exploit her?
[06:47.200 --> 06:52.160]  Correct. That's nuts. Okay.
[06:52.160 --> 06:59.760]  It's Wichita County. Okay. You would need to prepare a criminal complaint
[06:59.760 --> 07:07.760]  against the prosecutor and the police and file that with the grand jury. But before
[07:07.760 --> 07:18.480]  you could do that, we would need a coherent story. You certainly can't tell the story
[07:18.480 --> 07:28.280]  to the grand jury the way you told it to me. I understand. I've been like that for 40 years
[07:28.280 --> 07:34.480]  and it's rather dear to my heart. Okay. Let me make a suggestion. First thing
[07:34.480 --> 07:39.320]  you do is write out a timeline. Okay.
[07:39.320 --> 07:44.640]  No argument, no explanation. Say, on this day this happened, this day this happened,
[07:44.640 --> 07:51.320]  and just work up a timeline. Now that gives us what I call referential index. We could
[07:51.320 --> 07:57.800]  look at that and say, now these things happened and if this happened and this happened, there
[07:57.800 --> 08:02.100]  had to be certain things that happened in between. Then I could go in and ask specific
[08:02.100 --> 08:09.120]  questions to fill in those gaps. When you write a complaint for a grand jury,
[08:09.120 --> 08:14.200]  you assume you're talking to eight year olds. They're not eight years old, but they're not
[08:14.200 --> 08:22.720]  legal professionals either. So we have to simplify this. When I write a legal pleading
[08:22.720 --> 08:29.920]  for a judge, I write for an eight year old. It's not because the judge is not smart. It's
[08:29.920 --> 08:36.840]  just that he's very busy and he's got lots of things going on. So I have to make my presentation
[08:36.840 --> 08:44.240]  very clear. I have to anticipate all of the questions I'm going to bring to the mind of
[08:44.240 --> 08:53.520]  my reader when I write this so that I don't try to lead him down a line of conclusions
[08:53.520 --> 09:00.320]  and then leave something very important out. The first thing to do is get a timeline. Once
[09:00.320 --> 09:07.320]  you have the timeline, go back and look at it and sit down with this woman and get a
[09:07.320 --> 09:18.040]  timeline from her. When you look at the timeline, you'll see stuff missing. You'll say this
[09:18.040 --> 09:20.920]  happened and this happened. You look at it and say, wait a minute, wait a minute. We
[09:20.920 --> 09:28.080]  can't get from this place to that place. There had to be things in between. It helps to trigger
[09:28.080 --> 09:35.360]  memory and get all the memory in place. When you have an experience that's traumatic, you
[09:35.360 --> 09:42.520]  tend to focus on the traumatic occurrences, those occurrences that were traumatic to you
[09:42.520 --> 09:51.080]  as a witness. For the most part, like the police, they're primarily looking for details
[09:51.080 --> 10:00.000]  that you probably didn't know were important so you didn't focus on them. You have to be
[10:00.000 --> 10:08.320]  careful telling stories because you lose detail when you tell stories. When you tell what
[10:08.320 --> 10:14.280]  happened, you go to your memory and you pull that out of memory and then you use that memory
[10:14.280 --> 10:19.000]  to tell the story. Well, you don't tell everything because not everything's really critical.
[10:19.000 --> 10:24.640]  You only tell what's important at the moment. Then you put it back. When you replace the
[10:24.640 --> 10:32.400]  old memory with a new one and you wind up losing parts of it, it's not actually lost
[10:32.400 --> 10:38.640]  but you don't have direct access to it. You need a way to mine back down to the original
[10:38.640 --> 10:44.840]  occurrence. That's what we use a timeline for. Once you've got the timeline, then we
[10:44.840 --> 10:51.960]  go back and start asking questions and filling in blanks. Once we have all of the details
[10:51.960 --> 11:04.200]  we can extract, now we say, okay, how do we want to construct this story so that a grand
[11:04.200 --> 11:12.240]  jury will understand our issue? You go look at your facts. You don't have to give a grand
[11:12.240 --> 11:22.640]  jury every fact that exists. You go down the facts and select those that clarify the situation
[11:22.640 --> 11:31.800]  that shows how one thing led to the next, led to the next, led to the next. When the
[11:31.800 --> 11:37.680]  grand jury reads your statement of facts, let me take a step back, you want to give
[11:37.680 --> 11:47.120]  the grand jury a statement of facts and then give them what I call a statement of factual
[11:47.120 --> 11:54.080]  accusation. When you give them a statement of facts, you don't do any analysis. You
[11:54.080 --> 11:59.920]  don't say this was wrongful, that they did this and they shouldn't. Those are all conclusions.
[11:59.920 --> 12:09.040]  You leave those out of your... Writing a statement of facts is an art. You write them so that
[12:09.040 --> 12:15.160]  if a person reads this fact, this fact, this fact, they would tend to come to a certain
[12:15.160 --> 12:23.400]  conclusion. You try to lay out the facts so that the reader, when you reach the facts
[12:23.400 --> 12:29.640]  and try to make sense of them, will come to the same conclusion you're going to come to
[12:29.640 --> 12:37.040]  when you write the statement of factual accusation. String them out and once you got all the facts
[12:37.040 --> 12:43.080]  done, they'll read it and they'll come to their own conclusions. Then you write factual
[12:43.080 --> 12:51.560]  accusation. Now you claim how these pieces fit together. If you've done your job right,
[12:51.560 --> 12:57.300]  your reader will have already came to that conclusion and you're merely confirming the
[12:57.300 --> 13:04.960]  conclusion they already came to. They're going to think you're smart. If you say it, it can
[13:04.960 --> 13:18.480]  be a lie. If they think it, it's true. First lay out the facts, then tell your story. You
[13:18.480 --> 13:25.400]  tend to leave out facts that don't matter. If a fact doesn't lead where you want it to,
[13:25.400 --> 13:30.320]  whether it's material, it's important, put it in there anyway and explain why you don't
[13:30.320 --> 13:35.360]  think it should be considered and why it's not important. If you leave something out
[13:35.360 --> 13:46.080]  that's material and don't explain why it shouldn't be considered and they discover this fact,
[13:46.080 --> 13:50.520]  they're not going to believe anything you say. So we have to find the facts that fit
[13:50.520 --> 13:56.080]  our case and the ones that don't and then the ones that don't, we explain them away
[13:56.080 --> 14:02.120]  and make up an argument in support. In order to get that done, we need a good statement
[14:02.120 --> 14:12.840]  of facts first. Does all this make sense? It does, yes. That's why I pretty much narrowed
[14:12.840 --> 14:21.280]  the complaint down because they did so many things that were wrong. Okay. If you really
[14:21.280 --> 14:27.720]  want to hammer these guys, we can show you how to really hammer them, but we have to
[14:27.720 --> 14:33.400]  be good at what we do. We have to be diligent. It takes a little work to get it constructed.
[14:33.400 --> 14:42.280]  Once we have a good criminal affidavit, that'll be your statement of facts, and then a criminal
[14:42.280 --> 14:50.200]  complaint, that will be your factual accusations. Then we have a whole process for how to work
[14:50.200 --> 14:58.400]  these. I will help you give that prosecuting attorney a walk through the legal system.
[14:58.400 --> 15:06.440]  He is not going to believe that the fact that he released these photos to the public may
[15:06.440 --> 15:15.200]  give your friend a good lawsuit against the county. Right now, she's serving a six-year
[15:15.200 --> 15:22.720]  sentence, but that's in charge. Wait a minute. Is this the woman they released the photos
[15:22.720 --> 15:32.360]  on? No, her mother. Oh, okay. Okay. Well, that's confusing. The woman they released
[15:32.360 --> 15:40.680]  the photos on, she's the one that will have a claim. She's innocent, and they released
[15:40.680 --> 15:50.280]  nude photos of her in public? Yes. If I put out nude photos of somebody in public and
[15:50.280 --> 16:00.440]  they didn't know about them. Now, if I could photograph you in public nude, if I can see
[16:00.440 --> 16:05.560]  you in public nude, I can photograph you. You don't have to complain about that. But
[16:05.560 --> 16:11.080]  she wasn't in public. She was in her house. She was in her own bedroom. Yeah, but I take
[16:11.080 --> 16:16.680]  pictures of you in your house without your permission to release them. That is a big
[16:16.680 --> 16:22.520]  deal. That's a big invasion of privacy. And for the prosecutor to release these, that is
[16:22.520 --> 16:31.000]  a big deal. And this woman may have a claim, regardless of where her mother is. Okay. Get
[16:31.000 --> 16:38.920]  me a timeline, send it to me, and then we'll talk next week. Okay. All right. Thanks, Randy.
[16:38.920 --> 16:44.040]  Okay. Thank you, Susan. Okay. We're about to go to break. This is Randy Kelton,
[16:44.040 --> 16:50.120]  Rule of Law Radio. Our call in number 512-646-1984. There's room on the call board. So if you
[16:50.120 --> 16:54.840]  got a call or if you got a question or a comment, give us a call. We'll be right back.
[17:20.600 --> 17:27.480]  Mm, yummy apple. I'm going to throw away these yucky cookies in the trash. I click
[17:27.480 --> 17:34.360]  Control, Shift, Delete, and then scroll down to Cookies and clear them. Bye bye, yucky cookies.
[17:34.360 --> 17:40.600]  Now, I go to logosradio network.com, and I click on the Amazon box on the upper right hand side,
[17:40.600 --> 17:47.160]  bookmark the link, and I can go to Amazon through this link and order you some yummy new cookies.
[17:47.160 --> 17:48.920]  And no cookies for me.
[17:48.920 --> 17:50.840]  Consider it an early Christmas present.
[17:50.840 --> 17:54.320]  And every time I order on Amazon, I go through this link
[17:54.320 --> 17:57.480]  and I give a little present to this radio network, too.
[17:57.480 --> 17:58.320]  P is for cookie.
[17:58.320 --> 18:00.440]  P is for classified.
[18:00.440 --> 18:02.560]  Are you being harassed by debt collectors
[18:02.560 --> 18:05.480]  with phone calls, letters, or even lawsuits?
[18:05.480 --> 18:09.240]  Stop debt collectors now with the Michael Mears proven method.
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[18:11.960 --> 18:14.840]  against debt collectors, and now you can win, too.
[18:14.840 --> 18:17.600]  You'll get step-by-step instructions in plain English
[18:17.600 --> 18:21.000]  on how to win in court using federal civil rights statutes,
[18:21.000 --> 18:24.720]  what to do when contacted by phone, mail, or court summons,
[18:24.720 --> 18:26.760]  how to answer letters and phone calls,
[18:26.760 --> 18:29.360]  how to get debt collectors out of your credit report,
[18:29.360 --> 18:31.280]  how to turn the financial tables on them
[18:31.280 --> 18:34.000]  and make them pay you to go away.
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[18:36.920 --> 18:38.840]  for how to stop debt collectors.
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[18:49.680 --> 18:52.040]  That's ruleoflawradio.com,
[18:52.040 --> 18:57.040]  or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.520 --> 19:00.040]  to learn how to stop debt collectors now.
[19:02.400 --> 19:05.800]  You are listening to the Logos Radio Network,
[19:05.800 --> 19:08.560]  logosradionetwork.com.
[19:08.560 --> 19:11.560]  Well, don't let nothing get to you.
[19:11.560 --> 19:14.560]  Only the father can deliver you.
[19:14.560 --> 19:16.560]  Don't let bad-minded people hurt you.
[19:16.560 --> 19:18.160]  Okay, we are back.
[19:18.160 --> 19:21.440]  Randy Kelton with Rule of Law Radio, and we're talking.
[19:21.440 --> 19:24.400]  We're going to Maori in Texas.
[19:24.400 --> 19:25.960]  Did I pronounce that right?
[19:27.240 --> 19:28.920]  That's pretty good there, Randy.
[19:28.920 --> 19:29.960]  That's not too bad.
[19:32.440 --> 19:35.360]  Okay, what do you have for us today?
[19:35.360 --> 19:39.480]  Okay, what do you have for us today?
[19:39.480 --> 19:41.320]  Yes, sir.
[19:41.320 --> 19:44.400]  Following for some advice, if you don't mind my asking.
[19:44.400 --> 19:46.760]  Happy New Year's, first of all.
[19:46.760 --> 19:48.040]  How have you been?
[19:48.040 --> 19:49.880]  I've been good.
[19:49.880 --> 19:51.040]  Good, good to hear.
[19:51.040 --> 19:52.600]  Say, Randy.
[19:52.600 --> 19:55.200]  I got up this morning,
[19:55.200 --> 19:58.000]  and I checked the obituaries,
[19:58.000 --> 19:59.520]  and I wasn't in there.
[20:01.400 --> 20:02.240]  So it's a good day.
[20:02.240 --> 20:03.680]  So it's a good thing.
[20:03.680 --> 20:05.520]  Yes, sir, that's always a good thing.
[20:05.520 --> 20:10.520]  Say, on January 6th,
[20:11.400 --> 20:12.240]  excuse me,
[20:13.760 --> 20:15.720]  I'm traveling back home,
[20:15.720 --> 20:20.120]  and I come from a region where it was snowing.
[20:21.440 --> 20:26.360]  Oh, I'll say at least 30 miles back
[20:26.360 --> 20:27.960]  from where I was pulled over.
[20:29.440 --> 20:31.400]  And where I'm traveling,
[20:31.400 --> 20:33.160]  it's up towards the Panhandle area.
[20:33.160 --> 20:36.200]  I stayed the night at the Dumas because of the snow.
[20:38.440 --> 20:40.000]  Well, I'm traveling back home,
[20:40.000 --> 20:41.680]  and it's a little two-lane road
[20:41.680 --> 20:45.400]  where it only splits up every X amount of miles
[20:45.400 --> 20:47.640]  for a passing lane into a three-lane road.
[20:49.040 --> 20:50.400]  Well, I get to the top of the hill,
[20:50.400 --> 20:52.600]  and I notice that there are three sheriffs
[20:52.600 --> 20:54.720]  and a state trooper pulled over
[20:54.720 --> 20:56.360]  on the Saturday road with a car.
[20:57.640 --> 21:01.560]  So I slow down, I get into the passing lane,
[21:01.560 --> 21:03.520]  and I go in and I pass them up.
[21:03.520 --> 21:05.480]  And as I pass them up,
[21:05.480 --> 21:07.160]  the car that had been pulled over
[21:07.160 --> 21:09.640]  takes off shortly after me.
[21:09.640 --> 21:11.880]  Then the whole group takes off after them.
[21:14.120 --> 21:16.760]  We get not even two minutes
[21:20.000 --> 21:21.680]  after the passing them up.
[21:23.160 --> 21:24.240]  You get to the top of the hill,
[21:24.240 --> 21:26.400]  and I notice the sheriff passing the car
[21:26.400 --> 21:29.200]  he had pulled over with his lights on.
[21:29.200 --> 21:30.680]  So I begin to slow down,
[21:30.680 --> 21:32.440]  thinking maybe he's going to go somewhere else.
[21:32.440 --> 21:34.480]  Well, no, he pulls up right behind me
[21:34.480 --> 21:36.720]  and begins to pull me over.
[21:36.720 --> 21:40.280]  Well, now the roads are very slowed down to a two-lane.
[21:40.280 --> 21:43.640]  So I go ahead and go pretty far into the ditch at an angle.
[21:43.640 --> 21:45.880]  That way the cars can pass by safely.
[21:47.080 --> 21:48.880]  Now, the window doesn't work in my car,
[21:48.880 --> 21:52.280]  so I went and began to get out of my car.
[21:52.280 --> 21:53.800]  I got out of it, locked the door,
[21:53.800 --> 21:55.840]  closed it out of habit,
[21:55.840 --> 21:57.960]  and he comes around me
[21:57.960 --> 22:00.720]  and tells me to sit back in my car.
[22:00.720 --> 22:03.480]  I explain that the window was broken,
[22:03.480 --> 22:06.000]  you know, that it wasn't closed.
[22:06.000 --> 22:07.320]  He reaches for the door,
[22:07.320 --> 22:09.000]  tells me to get to the back of my car.
[22:09.000 --> 22:10.680]  Once I get back there,
[22:10.680 --> 22:13.320]  the whole group has already pulled up beside him.
[22:13.320 --> 22:16.680]  Another pothole pulled up inside the ditch,
[22:16.680 --> 22:18.600]  the other sheriff car's back there,
[22:18.600 --> 22:20.480]  and the other DPS behind them.
[22:21.960 --> 22:23.600]  Tells me he pulls me over
[22:23.600 --> 22:25.720]  because I've got snow on my license plate,
[22:25.720 --> 22:28.160]  and then asks me, where is the marijuana?
[22:29.800 --> 22:31.240]  Now, I looked at him,
[22:31.240 --> 22:33.600]  pulled up kind of like a deer in the headlights,
[22:33.600 --> 22:37.040]  and I told him, what are you talking about?
[22:37.040 --> 22:38.400]  He said, look, I'm not stupid,
[22:38.400 --> 22:41.800]  I wouldn't buy you out here freezing my DWS off
[22:42.680 --> 22:44.240]  if I didn't know.
[22:44.240 --> 22:46.280]  He says, where is it?
[22:47.120 --> 22:48.040]  You smell it.
[22:49.840 --> 22:51.600]  I don't know what you're talking about.
[22:51.600 --> 22:54.160]  And at that point, another sheriff reaches up behind me
[22:54.160 --> 22:56.000]  and puts me in handcuffs.
[22:56.880 --> 22:58.560]  So they start talking about
[22:58.560 --> 23:00.200]  how they're going to grab a swim jam
[23:00.200 --> 23:02.000]  and go into the car.
[23:02.000 --> 23:03.080]  So I tell them, look,
[23:03.080 --> 23:05.040]  if you're going to get into my private property,
[23:05.040 --> 23:07.360]  I go, I need to see a signed warrant
[23:07.360 --> 23:09.320]  for you all to get in there.
[23:09.320 --> 23:11.240]  He argues that he can smell it,
[23:11.240 --> 23:12.320]  and that's probable cause,
[23:12.320 --> 23:14.920]  and he's going to get into the car no matter what.
[23:16.960 --> 23:18.960]  They're going around the car,
[23:18.960 --> 23:20.280]  grabbing everything I'm telling them,
[23:20.280 --> 23:21.520]  the DPS officer said, look,
[23:21.520 --> 23:23.720]  I do not understand what's going on here.
[23:23.720 --> 23:25.800]  I go, I'm not engaged in commerce,
[23:25.800 --> 23:28.000]  transportation, vehicle for hire,
[23:28.000 --> 23:30.080]  and I can't explain all that.
[23:30.080 --> 23:33.000]  I go, and I do not consent to anybody searching me
[23:33.000 --> 23:35.440]  or my car unless I see a signed warrant.
[23:38.960 --> 23:40.920]  One of them had made a comment
[23:40.920 --> 23:44.120]  about me saying the keys were in the car,
[23:44.120 --> 23:46.920]  and I told him, no, don't be putting words in my mouth.
[23:46.920 --> 23:49.000]  I go, I'm keeping my words limited.
[23:49.000 --> 23:50.760]  And I go, I don't want to use lines
[23:50.760 --> 23:51.960]  saying I said something.
[23:51.960 --> 23:52.800]  I said something.
[23:54.000 --> 23:56.600]  So then the sheriff posted to me,
[23:56.600 --> 23:59.120]  reaches up, grabs my hat leg,
[23:59.120 --> 24:02.000]  fills my keys, reaches in, pulls them out.
[24:02.000 --> 24:03.160]  They open up the car,
[24:03.160 --> 24:06.200]  and will they find what I have in the car?
[24:06.200 --> 24:08.640]  Now, to pause there real quick
[24:08.640 --> 24:10.840]  to tell you a little about myself.
[24:10.840 --> 24:12.880]  I'm in my mid to late 30s,
[24:12.880 --> 24:15.200]  never been arrested in my life.
[24:15.200 --> 24:17.280]  I've owned multiple companies in my city.
[24:17.280 --> 24:19.920]  I'm a pillar of the community, philanthropist,
[24:19.920 --> 24:22.720]  and as a matter of fact, I've got the mayor calling.
[24:22.720 --> 24:25.880]  He wanted me to run on his ticket in city council.
[24:26.760 --> 24:29.440]  So I'm not a bad guy,
[24:29.440 --> 24:31.000]  but I was in an accident.
[24:31.000 --> 24:33.840]  That left me in a wheelchair for over a year,
[24:33.840 --> 24:35.960]  and I had to learn how to walk again
[24:35.960 --> 24:38.080]  after three months of therapy.
[24:38.080 --> 24:39.760]  I stayed with nerve damage.
[24:39.760 --> 24:42.040]  I've got a metal rod from my shoulder and my elbow,
[24:42.040 --> 24:47.040]  and the pain clinic wanted me on five different pills
[24:47.040 --> 24:50.440]  for everything from muscle relaxers, to painkillers,
[24:50.440 --> 24:52.680]  to sleeping pills, to blood thinners,
[24:52.680 --> 24:54.440]  to an anti-anxiety pill.
[24:55.400 --> 24:58.960]  The pills are expensive, and I feel like a coma toast.
[24:58.960 --> 25:00.200]  I can't do anything.
[25:01.200 --> 25:04.160]  Public officials' wife took me out to the backyard
[25:04.160 --> 25:06.680]  of her house, who suffers from lupus,
[25:06.680 --> 25:08.760]  and made me try this cigarette.
[25:08.760 --> 25:10.600]  I had never tried it before.
[25:10.600 --> 25:13.560]  Didn't do anything for me, but after a couple of puffs,
[25:13.560 --> 25:15.160]  I realized I wasn't hurting.
[25:15.160 --> 25:19.760]  So why not, right?
[25:19.760 --> 25:22.800]  Anyways, going back to what happened that day,
[25:22.800 --> 25:25.400]  he finds what's in my car, looks at it,
[25:25.400 --> 25:27.000]  and he tells me, okay, you're going to jail
[25:27.000 --> 25:28.480]  for possession of marijuana.
[25:30.200 --> 25:32.480]  The sheriff began asking me more questions,
[25:32.480 --> 25:35.120]  and I told him, look, I am cold.
[25:35.120 --> 25:37.000]  I just want to get into a car.
[25:37.000 --> 25:38.440]  It is freezing out here.
[25:38.440 --> 25:40.200]  I don't have a jacket or anything.
[25:41.760 --> 25:44.680]  It must have been maybe in the 20s at that time,
[25:44.680 --> 25:46.320]  and it was around five, six o'clock
[25:46.320 --> 25:47.800]  before I was beginning to fit.
[25:48.800 --> 25:50.320]  He puts me in the back of the car.
[25:50.320 --> 25:52.640]  I ask him if they could please move the handcuffs
[25:52.640 --> 25:53.480]  to the front.
[25:53.480 --> 25:55.680]  I'm limited with my shoulder mobility.
[25:55.680 --> 25:56.840]  I go, I'm nonviolent.
[25:56.840 --> 25:58.040]  I'm totally complying.
[25:58.040 --> 26:00.360]  They put me in those handcuffs that are shackled
[26:00.360 --> 26:02.200]  with a tackle that doesn't have a chain in between,
[26:02.200 --> 26:03.320]  and I'm a big guy.
[26:04.760 --> 26:08.440]  So he throws me in the back and goes back
[26:08.440 --> 26:09.640]  to the other deputy.
[26:09.640 --> 26:10.520]  They take pictures.
[26:10.520 --> 26:12.440]  The DPS go to their car and leave.
[26:12.440 --> 26:17.440]  He comes back to the unit, takes me straight to the jail,
[26:17.760 --> 26:20.280]  they put on me in a three by six cell
[26:20.280 --> 26:22.840]  that's got a pallet on the floor.
[26:23.880 --> 26:26.440]  I spent three hours there until they pulled me out,
[26:26.440 --> 26:29.480]  tell me what they're going to charge me for,
[26:29.480 --> 26:32.080]  and it turns out that it's a felony charge
[26:32.080 --> 26:33.880]  because it was over four ounces,
[26:35.160 --> 26:38.680]  and that they were going to put me in,
[26:39.640 --> 26:42.280]  what's it called, the isolation cell.
[26:42.280 --> 26:45.000]  Until the judge showed up, hopefully, the next day.
[26:46.560 --> 26:51.320]  They threw me back in there, waited another 17 hours,
[26:51.320 --> 26:52.840]  spent 20 hours in jail.
[26:53.760 --> 26:55.280]  Judge came out.
[26:55.280 --> 26:57.440]  He said, I'm sending your bond at 7,500.
[26:57.440 --> 26:59.720]  You either pay it or go back in the cell.
[27:00.680 --> 27:03.240]  I was able to get a bond lady to give her money,
[27:03.240 --> 27:05.280]  get my car out, come back home,
[27:05.280 --> 27:09.720]  and now I'm going to fight the moving citations
[27:09.720 --> 27:11.920]  that the sheriff did give me.
[27:11.920 --> 27:14.360]  He gave me the citation for having this note
[27:14.360 --> 27:17.680]  obstructing the license plate and so on and so forth.
[27:18.840 --> 27:22.440]  But I've got my way to fight that with Eddie's and all that,
[27:22.440 --> 27:27.440]  but my concern now is this federal charge thing,
[27:27.520 --> 27:30.720]  and the fact that, I mean,
[27:30.720 --> 27:33.320]  there are two different ways I think I can fight this.
[27:33.320 --> 27:36.680]  One is showing the illegality of the initial stop,
[27:36.680 --> 27:38.280]  the warrantless arrest,
[27:38.280 --> 27:40.720]  and everything else being fruit of the poison tree,
[27:40.720 --> 27:43.720]  and, or, I can go straight into it, fight it,
[27:43.720 --> 27:46.360]  and make a motion to suppress the evidence
[27:46.360 --> 27:48.760]  because it was obtained illegally.
[27:49.600 --> 27:51.440]  But I guess I'm asking for your help,
[27:51.440 --> 27:55.480]  and do I even have charges on the sheriff for kidnapping
[27:55.480 --> 27:59.440]  and false imprisonment suit for 20 hours, or?
[28:00.520 --> 28:03.960]  That is a place I can help you with.
[28:05.560 --> 28:07.200]  Okay, you're in New York,
[28:07.200 --> 28:09.520]  so that's just different than Texas.
[28:09.520 --> 28:14.520]  I would have to look at some of these statutes in New York.
[28:14.520 --> 28:17.240]  Randy, Randy, Randy, I'm here in Texas.
[28:17.240 --> 28:18.600]  Oh, wait, you're Mario in Texas.
[28:18.600 --> 28:20.000]  I'm looking at Will in New York.
[28:20.000 --> 28:22.520]  Oh, good, okay, you're in Texas.
[28:23.520 --> 28:27.000]  There are some information requests you need to do,
[28:27.000 --> 28:30.400]  probably the first discovery.
[28:30.400 --> 28:31.440]  Do you have a lawyer?
[28:34.040 --> 28:35.680]  Not at the moment.
[28:35.680 --> 28:38.520]  I didn't have cash at the avenue.
[28:38.520 --> 28:41.000]  They had taken all the cash I had to bail myself out
[28:41.000 --> 28:43.880]  and get my car out of them town.
[28:43.880 --> 28:45.360]  So I, at that time,
[28:45.360 --> 28:47.840]  didn't have anybody in mind for representation.
[28:47.840 --> 28:50.880]  I'm thinking about getting the code of normal,
[28:50.880 --> 28:52.520]  the organization normal,
[28:52.520 --> 28:54.840]  and seeing who would be one of the best lawyers
[28:54.840 --> 28:58.480]  to represent that case that specializes in that field.
[28:58.480 --> 29:02.760]  Okay, probably won't help to waste a lot of money
[29:02.760 --> 29:03.680]  on the lawyer.
[29:04.600 --> 29:05.760]  Okay.
[29:05.760 --> 29:07.440]  This is what lawyers do.
[29:07.440 --> 29:09.760]  A public offender right now appointed to me.
[29:10.760 --> 29:12.840]  Okay, you have a public defender?
[29:13.880 --> 29:16.880]  That's what the judge went ahead and wrote down
[29:16.880 --> 29:18.720]  because I told him I didn't have the finances
[29:18.720 --> 29:20.720]  to hire anybody yet.
[29:20.720 --> 29:22.200]  Okay, hang on to him.
[29:25.640 --> 29:28.720]  Make me up a timeline.
[29:30.040 --> 29:30.880]  Okay.
[29:30.880 --> 29:33.200]  And then get that to me.
[29:33.200 --> 29:35.160]  We'll probably need to talk off the air
[29:35.160 --> 29:37.680]  and I'll develop a statement of facts.
[29:38.560 --> 29:40.720]  Once we have a statement of facts,
[29:40.720 --> 29:44.040]  there are some things we're gonna ask for.
[29:44.040 --> 29:45.080]  And about to go to break,
[29:45.080 --> 29:48.040]  I'll get to that when we come back on the other side.
[29:48.040 --> 29:50.600]  This is Randy Kelton, the Rule of Law Radio.
[29:50.600 --> 29:54.840]  I call it number 512-646-1984.
[29:54.840 --> 29:56.000]  We'll be right back.
[30:01.400 --> 30:04.280]  Japan is number one in life expectancy, right?
[30:04.280 --> 30:05.440]  Well, maybe not.
[30:05.440 --> 30:07.400]  Recent discoveries have people wondering
[30:07.400 --> 30:11.360]  if those famous 100-year-old Japanese aren't just a scam.
[30:11.360 --> 30:12.760]  I'm Dr. Catherine Albrecht,
[30:12.760 --> 30:15.320]  back with the bizarre details next.
[30:15.320 --> 30:17.400]  Privacy is under attack.
[30:17.400 --> 30:19.280]  When you give up data about yourself,
[30:19.280 --> 30:21.000]  you'll never get it back again.
[30:21.000 --> 30:22.800]  And once your privacy is gone,
[30:22.800 --> 30:26.000]  you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:27.480]  So protect your rights.
[30:27.480 --> 30:28.960]  Say no to surveillance
[30:28.960 --> 30:31.320]  and keep your information to yourself.
[30:31.320 --> 30:33.720]  Privacy, it's worth hanging on to.
[30:33.720 --> 30:36.840]  This message is brought to you by Startpage.com,
[30:36.840 --> 30:38.720]  the private search engine alternative
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[30:44.600 --> 30:48.160]  For Japanese investigators, it was a gruesome discovery.
[30:48.160 --> 30:50.840]  The bones of an elderly woman thought to be alive
[30:50.840 --> 30:54.200]  were found in a backpack belonging to her son.
[30:54.200 --> 30:56.160]  Why had he stashed his mother's remains
[30:56.160 --> 30:58.320]  instead of giving her a decent burial?
[30:58.320 --> 31:01.480]  Well, the sordid truth was more about money than gruesomeness.
[31:01.480 --> 31:04.040]  As it happens, he never reported his mother's death
[31:04.040 --> 31:08.680]  back in 2001 and had been collecting her benefits ever since.
[31:08.680 --> 31:11.040]  The discovery is just one of many suggesting
[31:11.040 --> 31:14.040]  the Japanese may not live as long as we thought.
[31:14.040 --> 31:17.040]  In a nationwide search, more than 200,000
[31:17.040 --> 31:19.680]  so-called centenarians or 100-year-olds
[31:19.680 --> 31:22.360]  have turned up to be dead or missing.
[31:22.360 --> 31:24.960]  I'm Dr. Catherine Albrecht for Startpage.com,
[31:24.960 --> 31:26.960]  the world's most private search engine.
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[31:59.720 --> 32:01.720]  Rule of Law Radio is proud to offer
[32:01.720 --> 32:03.240]  the Rule of Law Traffic Seminar.
[32:03.240 --> 32:05.720]  In today's America, we live in an us-against-them society.
[32:05.720 --> 32:07.720]  If we, the people, are ever going to have a free society,
[32:07.720 --> 32:10.720]  then we're going to have to stand and defend our own rights.
[32:10.720 --> 32:13.720]  Among those rights are the right to travel freely from place to place,
[32:13.720 --> 32:15.720]  the right to act in our own private capacity,
[32:15.720 --> 32:17.720]  and most importantly, the right to due process of law.
[32:17.720 --> 32:19.720]  Traffic courts afford us the least expensive opportunity
[32:19.720 --> 32:22.720]  to learn how to enforce and preserve our rights.
[32:22.720 --> 32:25.720]  Through due process, former Sheriff's Deputy Eddie Craig,
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[32:27.720 --> 32:30.720]  has put together the most comprehensive teaching tool available
[32:30.720 --> 32:32.720]  that will help you understand what due process is
[32:32.720 --> 32:34.720]  and how to hold courts to the rule of law.
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[32:41.720 --> 32:44.720]  The Texas Transportation Code, The Law Versus the Lie,
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[32:49.720 --> 32:52.720]  Learn how to fight for your rights with the help of this material
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[32:54.720 --> 32:57.720]  Order your copy today, and together we can have the free society
[32:57.720 --> 32:59.720]  we all want and deserve.
[32:59.720 --> 33:21.720]  Live, free speech radio, logosradionetwork.com.
[33:21.720 --> 33:23.720]  Okay, we are back.
[33:23.720 --> 33:30.720]  Randy Kelton, Rule of Law Radio, and we're talking to Mowry in Texas.
[33:30.720 --> 33:39.720]  And yeah, have you ever went to my jurisimprudence.com website?
[33:39.720 --> 33:45.720]  I did once, but I want to say that was about two years ago.
[33:45.720 --> 33:48.720]  Okay, it's not jurisimprudence.com anymore.
[33:48.720 --> 33:50.720]  I lost that one.
[33:50.720 --> 33:51.720]  Okay.
[33:51.720 --> 33:55.720]  It's jurisimprudence.website.
[33:55.720 --> 34:04.720]  Top frog on the left, read that, read of habeas corpus.
[34:04.720 --> 34:10.720]  That is an exhaustive treatment of due process.
[34:10.720 --> 34:14.720]  That'll show you about 19, generally about 19,
[34:14.720 --> 34:19.720]  felonies and misdemeanors against the arresting officers,
[34:19.720 --> 34:22.720]  judges, everybody.
[34:22.720 --> 34:25.720]  Everybody does everything wrong.
[34:25.720 --> 34:30.720]  Now, if I may, I did leave out three facts.
[34:30.720 --> 34:35.720]  The officer that took me from the scenes to the jail was not the officer
[34:35.720 --> 34:40.720]  that pulled me over.
[34:40.720 --> 34:43.720]  The officer that did pull me over was a K-9 unit,
[34:43.720 --> 34:50.720]  but the K-9 was never once taken out of the unit.
[34:50.720 --> 34:51.720]  What was the other one?
[34:51.720 --> 34:58.720]  I was never told my Miranda rights, and they lost my identification.
[34:58.720 --> 35:03.720]  Okay, Miranda rights is not important unless they questioned you
[35:03.720 --> 35:11.720]  and intend to use some information they got from you after questioning you.
[35:11.720 --> 35:15.720]  The issue of whether or not you were arrested,
[35:15.720 --> 35:19.720]  that's clear when they handcuffed you and told you you were under arrest.
[35:19.720 --> 35:21.720]  Sometimes people want to say,
[35:21.720 --> 35:25.720]  I didn't know I was under my arrest because they didn't give me my Miranda rights,
[35:25.720 --> 35:30.720]  but Miranda rights does not necessarily mean you're under arrest.
[35:30.720 --> 35:34.720]  The fact that you were under arrest was not a question.
[35:34.720 --> 35:35.720]  Right.
[35:35.720 --> 35:42.720]  My suggestion to you is avoid the merits at all cost,
[35:42.720 --> 35:45.720]  and just from what you told me,
[35:45.720 --> 35:52.720]  I can almost guarantee you that they already knew who you were
[35:52.720 --> 35:55.720]  and that you had that marijuana in the vehicle.
[35:55.720 --> 35:58.720]  Somebody else had told them that,
[35:58.720 --> 36:03.720]  so they will have had probable cause to pull you over.
[36:03.720 --> 36:08.720]  Nothing to do with travel.
[36:08.720 --> 36:09.720]  Okay, but even that.
[36:09.720 --> 36:15.720]  I'll argue that and say no because I've never been through that county before.
[36:15.720 --> 36:17.720]  The county's only got 2,000 people in it.
[36:17.720 --> 36:19.720]  The entire county is Menard County.
[36:19.720 --> 36:21.720]  I've looked it up.
[36:21.720 --> 36:24.720]  I've never been there before,
[36:24.720 --> 36:28.720]  and legitimately there was no covering my license plate.
[36:28.720 --> 36:35.720]  He first said that I smelled like marijuana before he claimed or asked where it was,
[36:35.720 --> 36:40.720]  and they had me in handcuffs before they actually found it and said I was arrested for it.
[36:40.720 --> 36:44.720]  Let me make a suggestion to you.
[36:44.720 --> 36:52.720]  In the future, if you're going to continue to use the marijuana for medicinal purposes,
[36:52.720 --> 36:56.720]  put the marijuana in a place where it's a little hard to find.
[36:56.720 --> 37:03.720]  Get you a baggie and locate some alfalfa hay.
[37:03.720 --> 37:08.720]  Grind it up and throw it in the baggie and throw it up on the dash.
[37:08.720 --> 37:13.720]  It smells like marijuana.
[37:13.720 --> 37:18.720]  When they find the baggie, they won't keep looking.
[37:18.720 --> 37:21.720]  Okay, that's a dirty trick,
[37:21.720 --> 37:29.720]  but I'm going to suggest you never go to the merits if there's any way you can avoid it.
[37:29.720 --> 37:31.720]  Exactly.
[37:31.720 --> 37:33.720]  In Texas, they do.
[37:33.720 --> 37:37.720]  The court has rules that an officer's sent.
[37:37.720 --> 37:44.720]  It doesn't allow for probable cause if I read it correctly.
[37:44.720 --> 37:45.720]  Wait a minute.
[37:45.720 --> 37:47.720]  If you talk while I'm talking,
[37:47.720 --> 37:52.720]  we have a suppressor on the line that pushes your voice undermined, so I didn't hear all of that.
[37:52.720 --> 37:53.720]  Will you say that again?
[37:53.720 --> 37:56.720]  Oh, I apologize.
[37:56.720 --> 37:58.720]  No, go ahead and say that again.
[37:58.720 --> 37:59.720]  Okay.
[37:59.720 --> 38:06.720]  I had read that the Supreme Court ruled that an officer's admission to sent
[38:06.720 --> 38:12.720]  does not lead to probable cause, or did I read that correct or not correctly?
[38:12.720 --> 38:15.720]  Wait, an officer's what?
[38:15.720 --> 38:17.720]  Sent.
[38:17.720 --> 38:19.720]  Oh, sent.
[38:19.720 --> 38:22.720]  I have never heard that.
[38:22.720 --> 38:24.720]  Okay.
[38:24.720 --> 38:27.720]  That's something if you get to that,
[38:27.720 --> 38:35.720]  you might take some alfalfa and put it in a bag and ask him to smell that,
[38:35.720 --> 38:39.720]  put peppermint tea in one and alfalfa in another,
[38:39.720 --> 38:46.720]  and something else, maybe some other tea in a third one and have him smell them and say which one's marijuana.
[38:46.720 --> 38:51.720]  He'll pick the alfalfa every time.
[38:51.720 --> 38:53.720]  It's alfalfa.
[38:53.720 --> 38:54.720]  Anyway, fuck it.
[38:54.720 --> 38:56.720]  Try not to get there.
[38:56.720 --> 38:58.720]  Sorry, yes, sir.
[38:58.720 --> 39:05.720]  Let's go to the due process.
[39:05.720 --> 39:12.720]  Once you were arrested, even if they had prior cause to believe,
[39:12.720 --> 39:15.720]  and in this case, it looks like they did not.
[39:15.720 --> 39:20.720]  So this wasn't in a place where they already knew who you were.
[39:20.720 --> 39:25.720]  You were in a strange county, so they didn't know who they were dealing with.
[39:25.720 --> 39:31.720]  So they didn't, very unlikely they had noticed that you had this already.
[39:31.720 --> 39:40.720]  And if they claimed snow on a license plate, that will never pass.
[39:40.720 --> 39:45.720]  So did you go out there and pack that snow on your license plate?
[39:45.720 --> 39:46.720]  No, sir.
[39:46.720 --> 39:50.720]  That was a result of the snowing that I was traveling through.
[39:50.720 --> 39:51.720]  Okay.
[39:51.720 --> 39:54.720]  All crimes are thought crimes.
[39:54.720 --> 40:01.720]  I know we got a lot of guys in legal reform complain about the government passing thought crimes.
[40:01.720 --> 40:03.720]  All crimes are thought crimes.
[40:03.720 --> 40:06.720]  It's not what you do.
[40:06.720 --> 40:13.720]  It's whether or not you had culpable intent.
[40:13.720 --> 40:18.720]  And it was clear to these officers when they pulled you over
[40:18.720 --> 40:24.720]  that there was no evidence of culpable intent.
[40:24.720 --> 40:28.720]  So that should go to the original stop.
[40:28.720 --> 40:31.720]  And then after the original stop,
[40:31.720 --> 40:39.720]  they're pretty well sure they can force you into making a deal with them.
[40:39.720 --> 40:46.720]  Because 99.6% of all the people they accuse of a crime wind up making a deal.
[40:46.720 --> 40:49.720]  So the police know they can lie like dogs.
[40:49.720 --> 40:54.720]  It won't make any difference because they never get to court.
[40:54.720 --> 41:00.720]  If you want leverage, take them on.
[41:00.720 --> 41:11.720]  They are so accustomed to lying, they can never get their facts straight.
[41:11.720 --> 41:18.720]  One of the things you need to request is the Brady List.
[41:18.720 --> 41:19.720]  Do you have a pencil?
[41:19.720 --> 41:20.720]  Write this down.
[41:20.720 --> 41:22.720]  Brady List.
[41:22.720 --> 41:24.720]  Brady List.
[41:24.720 --> 41:37.720]  The prosecuting attorney has a list of officers he will not bring before an appellate court because they're untrustworthy.
[41:37.720 --> 41:42.720]  So you want to know if any of these officers are on the Brady List.
[41:42.720 --> 41:59.720]  You want to see the order as required by Article 16.17 Texas procedure.
[41:59.720 --> 42:01.720]  Look up 16.17.
[42:01.720 --> 42:07.720]  Chapter 16 goes to arrest without a warrant.
[42:07.720 --> 42:14.720]  What must be done in an examining trial after an arrest without a warrant.
[42:14.720 --> 42:29.720]  16.17 says the judge shall enter an order showing whether the person is released from custody, bound to his liberty, released on bail, or remanded to the jail.
[42:29.720 --> 42:41.720]  If he does not issue this order within 48 hours, a finding of no probable cause is entered in the court.
[42:41.720 --> 42:47.720]  They never ever have one.
[42:47.720 --> 42:48.720]  Ever.
[42:48.720 --> 42:49.720]  Because they don't do that.
[42:49.720 --> 42:53.720]  They don't do an examining trial.
[42:53.720 --> 42:55.720]  So they're going to claim they did a magistration.
[42:55.720 --> 43:04.720]  Okay, this code says if there wasn't a determination of probable cause, let me explain magistration.
[43:04.720 --> 43:08.720]  That's what they call what this judge did.
[43:08.720 --> 43:12.720]  You need to file criminally against the judge.
[43:12.720 --> 43:17.720]  You can't sue the magistrate who ever set bail.
[43:17.720 --> 43:23.720]  You can't sue him, but you can pursue him criminally.
[43:23.720 --> 43:25.720]  He held a magistration.
[43:25.720 --> 43:39.720]  The only time a magistration can be held, and magistration is a term they made up, is held under 15.17, Texas Code of Criminal Procedure.
[43:39.720 --> 43:46.720]  And that is only there when someone is arrested on an existing warrant out of county.
[43:46.720 --> 43:49.720]  I'll explain that when we come back on the other side.
[43:49.720 --> 44:01.720]  Randy Kelton, The Root of Law Radio, we'll be right back.
[44:01.720 --> 44:05.720]  Hello, my name is Stuart Smith from naturespureorganics.com.
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[45:00.720 --> 45:03.720]  Are you the plaintiff or defendant in a lawsuit?
[45:03.720 --> 45:14.720]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by step.
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[46:13.720 --> 46:24.720]  Okay, we are back.
[46:24.720 --> 46:30.720]  Randy Kelton here with the radio, and we're talking to Mari in Texas.
[46:30.720 --> 46:39.720]  So, first thing to do is get that habeas corpus from Jurisimprudence.
[46:39.720 --> 46:41.720]  Read through it.
[46:41.720 --> 46:48.720]  It demonstrates all the steps they're supposed to take when they do an arrest.
[46:48.720 --> 46:51.720]  They do almost none of them.
[46:51.720 --> 47:02.720]  And then you want to put in a request for the 1617 order that is required when they do an examining trial.
[47:02.720 --> 47:05.720]  What they did was a magistration.
[47:05.720 --> 47:19.720]  If you are arrested out of county on an existing warrant, they require, it's not required,
[47:19.720 --> 47:31.720]  but they prefer that you be brought before a magistrate in the county that has jurisdiction over the issue.
[47:31.720 --> 47:39.720]  Attorney General opinion JM 500 says that that's not necessary, but this is what they prefer.
[47:39.720 --> 47:50.720]  And in order to facilitate that, if you are arrested on an existing warrant out of county,
[47:50.720 --> 47:56.720]  outside the county where the warrant was issued, you see, if you read a warrant,
[47:56.720 --> 48:03.720]  the warrant will say, arrest this person and bring him before me.
[48:03.720 --> 48:09.720]  The reason it says that is if a warrant is issued,
[48:09.720 --> 48:16.720]  it is necessarily issued in an examining trial held ex parte.
[48:16.720 --> 48:19.720]  It's ex parte because you're not there.
[48:19.720 --> 48:24.720]  If you were there, there'd be no reason to arrest you because you're already in front of the magistrate.
[48:24.720 --> 48:31.720]  So he issues an ex parte, he issues a warrant in an ex parte hearing.
[48:31.720 --> 48:34.720]  So since you have a right to an examining trial,
[48:34.720 --> 48:39.720]  when they arrest you, they're to bring you back before that same magistrate who issued that warrant.
[48:39.720 --> 48:47.720]  And now he's to hold a proper examining trial with both parties present under Chapter 16.
[48:47.720 --> 48:57.720]  But if you're arrested out of county, they will allow the police to hold you until they can get you back to county.
[48:57.720 --> 49:02.720]  So the out of county magistrate doesn't hold an examining trial.
[49:02.720 --> 49:07.720]  He merely advises you of your rights.
[49:07.720 --> 49:12.720]  That only happens on an existing warrant out of county.
[49:12.720 --> 49:20.720]  Otherwise, the magistrate who has a duty under Article 210, 211,
[49:20.720 --> 49:26.720]  2.10, 2.11, Texas Code of Criminal Procedure, to hold an examining court.
[49:26.720 --> 49:39.720]  An examining court is held under Chapter 16 when you are arrested without a warrant for an on-site offense under Chapter 14.
[49:39.720 --> 49:47.720]  Chapter 16, first thing you get to do is before any evidence is entered against you,
[49:47.720 --> 49:52.720]  you have the option of entering the statement into the court record.
[49:52.720 --> 49:54.720]  You have a right to counsel.
[49:54.720 --> 49:56.720]  Counsel is not available.
[49:56.720 --> 50:02.720]  If you don't have counsel, counsel will be appointed for you for the purpose of this hearing.
[50:02.720 --> 50:08.720]  And then they go through all of the steps they must take in an examining trial.
[50:08.720 --> 50:12.720]  And then the judge must issue an order.
[50:12.720 --> 50:20.720]  If you are arrested without a warrant, he's to prepare a warrant, 1617 order, 1620 warrant.
[50:20.720 --> 50:25.720]  You want to put in a request for that 1617 order.
[50:25.720 --> 50:35.720]  Because if they don't have that, the statute says in 48 hours, the finding of no probable cause is entered in the court.
[50:35.720 --> 50:39.720]  So you already got that statutorily.
[50:39.720 --> 50:50.720]  So one of the things you got, there are so many claims you can make, way too many for me to get to here on the air.
[50:50.720 --> 50:55.720]  But read that habeas twice.
[50:55.720 --> 50:56.720]  Gotcha.
[50:56.720 --> 50:59.720]  Yeah, don't try to understand it the first time.
[50:59.720 --> 51:05.720]  There are too many moving parts, as Pastor Massad would say.
[51:05.720 --> 51:10.720]  So he won't be able to stitch them together in one read.
[51:10.720 --> 51:18.720]  But once you go front to back, and then go back and start at the front again, you'll read something up front
[51:18.720 --> 51:25.720]  and make a connection to something way down in the document and these pieces will start stitching together.
[51:25.720 --> 51:36.720]  Once you've been through it twice, you'll know due process better than most any prosecutor I have ever come across.
[51:36.720 --> 51:42.720]  Have they secured an indictment of you yet?
[51:42.720 --> 51:44.720]  I'm sorry, the phone broke up there.
[51:44.720 --> 51:46.720]  I did not catch the center part of that question.
[51:46.720 --> 51:47.720]  Okay.
[51:47.720 --> 51:49.720]  They charged you with a felony.
[51:49.720 --> 51:55.720]  Have they secured an indictment yet?
[51:55.720 --> 52:01.720]  I genuinely do not know any of that.
[52:01.720 --> 52:06.720]  Okay, you're going to want to file a motion under 16.17.
[52:06.720 --> 52:15.720]  I'm sorry, 16.27, I believe.
[52:15.720 --> 52:23.720]  16.19, Texas Code of Criminal Procedure.
[52:23.720 --> 52:30.720]  You have a right to challenge the grand jury pool, and I don't think my number is right.
[52:30.720 --> 52:32.720]  Let me check.
[52:32.720 --> 52:34.720]  Real quick, Brandy.
[52:34.720 --> 52:36.720]  Like I said, this happened on the 6th.
[52:36.720 --> 52:41.720]  Today is the 20th, and I still have not received a word about anything.
[52:41.720 --> 52:43.720]  Okay, you don't have one yet.
[52:43.720 --> 52:45.720]  Okay.
[52:45.720 --> 52:52.720]  No, I don't even know the name of the person that's supposedly going to be appointed to me.
[52:52.720 --> 52:58.720]  I generally do not know nothing, and that was one of my concerns also.
[52:58.720 --> 53:04.720]  Okay, well, they're going to do their best not to tell you anything, but you're way ahead of the game.
[53:04.720 --> 53:05.720]  Okay.
[53:05.720 --> 53:15.720]  Code of Criminal Procedure, got the wrong code.
[53:15.720 --> 53:22.720]  Under 16, I think it's 19.17.
[53:22.720 --> 53:25.720]  Read Chapter 19, Code of Criminal Procedure.
[53:25.720 --> 53:29.720]  I'm trying to look it up while I'm talking, and I don't multitask well.
[53:29.720 --> 53:33.720]  But in Chapter 19, you have a right to challenge the grand jury pool.
[53:33.720 --> 53:41.720]  You want to give notice to the court that you intend to exercise your right to challenge the grand jury pool,
[53:41.720 --> 53:46.720]  and you move the court to stay indictment until a new grand jury is formed
[53:46.720 --> 53:49.720]  and you have opportunity to challenge the pool.
[53:49.720 --> 53:52.720]  That would jerk a knot in their shorts,
[53:52.720 --> 54:01.720]  and they'll probably know that I have first degree felony aggravated assault charges filed against my local district judge
[54:01.720 --> 54:09.720]  because he didn't let me exercise my right to examine, to challenge the grand jury pool.
[54:09.720 --> 54:19.720]  That's kind of serious right now and immediate because I'm trying to get the district judge,
[54:19.720 --> 54:26.720]  Texas Ranger, and director of the Department of Public Safety all indicted over this issue.
[54:26.720 --> 54:28.720]  So that's one thing you can do.
[54:28.720 --> 54:36.720]  But then read that to habeas a couple of times, and then call back next week and we'll talk.
[54:36.720 --> 54:46.720]  But as soon as you get off here, send me an email so I can send you a list of what you need to put together,
[54:46.720 --> 54:49.720]  and we can be more ready for it next.
[54:49.720 --> 54:55.720]  I'll send you some information requests to send in and a few things you can start doing.
[54:55.720 --> 54:59.720]  Let them know you're going to give them a fight.
[54:59.720 --> 55:03.720]  They charged you with the highest charge they could possibly come up with
[55:03.720 --> 55:09.720]  so they could deal it down and make a deal and not have to go to court.
[55:09.720 --> 55:11.720]  If they think you're going to take them to court,
[55:11.720 --> 55:17.720]  especially on this stupid you got snow on your license plate probable cause thing,
[55:17.720 --> 55:20.720]  they're going to lose the court.
[55:20.720 --> 55:24.720]  So they know that, but they're going to run you through the wringer in the process.
[55:24.720 --> 55:28.720]  So pay them back, run them through the wringer.
[55:28.720 --> 55:32.720]  I know the first thought is, oh, if I do this, they'll retaliate against me.
[55:32.720 --> 55:34.720]  No, that's not how it works.
[55:34.720 --> 55:40.720]  If you start going after them, making damage in their careers,
[55:40.720 --> 55:43.720]  they're going to want to get you to go away and stop beating them up.
[55:43.720 --> 55:45.720]  That's what they really want.
[55:45.720 --> 55:54.720]  And I'll show you how to drag higher level public officials into the mix.
[55:54.720 --> 56:00.720]  And they will be really unhappy with these local cops screw up and arrest
[56:00.720 --> 56:06.720]  and then get the district judge charged criminally because he won't do his job.
[56:06.720 --> 56:08.720]  I'll show you how to do that.
[56:08.720 --> 56:14.720]  Create a little politics, get some leverage to get them to drop the charges.
[56:14.720 --> 56:15.720]  That's the plan, brother.
[56:15.720 --> 56:16.720]  Thank you for your help.
[56:16.720 --> 56:22.720]  Before I let you go though, real quick, when you're saying put in all of these motions,
[56:22.720 --> 56:26.720]  now is that me doing that or is that the appointed?
[56:26.720 --> 56:27.720]  Okay.
[56:27.720 --> 56:29.720]  Glad you asked me that.
[56:29.720 --> 56:31.720]  You have appointed counsel.
[56:31.720 --> 56:34.720]  Do not let him get away.
[56:34.720 --> 56:37.720]  He is your ace in the hole.
[56:37.720 --> 56:45.720]  He thinks his only purpose is to make sure you do not have grounds for appeal.
[56:45.720 --> 56:48.720]  Have you talked to this lawyer?
[56:48.720 --> 56:51.720]  No.
[56:51.720 --> 56:53.720]  Do not know the name yet.
[56:53.720 --> 56:54.720]  Okay.
[56:54.720 --> 56:55.720]  Okay.
[56:55.720 --> 56:56.720]  So you haven't talked to him yet.
[56:56.720 --> 56:57.720]  Okay.
[56:57.720 --> 57:01.720]  You need to get a set of motions put together and give them to him and say,
[57:01.720 --> 57:10.720]  you are to file these and you will properly adjudicate every single one of them.
[57:10.720 --> 57:14.720]  And you might, one thing you want to ask him,
[57:14.720 --> 57:21.720]  how much do they pay you if you get me to make a deal?
[57:21.720 --> 57:27.720]  And how much did they pay you if you can't get me to make a deal?
[57:27.720 --> 57:34.720]  Did a lawyer here in Wyse County tell me that if I get appointed as court appointed counsel
[57:34.720 --> 57:38.720]  and I get my client to take a deal, they'll pay me 250 bucks.
[57:38.720 --> 57:47.720]  If I can't get him to take a deal, they'll pay me 100 and a quarter.
[57:47.720 --> 57:50.720]  He is not going to want to answer that question.
[57:50.720 --> 57:55.720]  And that's going to tell him that you know how things lay.
[57:55.720 --> 57:59.720]  When you give him these motions and say you are to file these,
[57:59.720 --> 58:02.720]  you will adequately adjudicate every single one.
[58:02.720 --> 58:05.720]  You failed to adequately adjudicate a single one.
[58:05.720 --> 58:07.720]  I'll barg review first.
[58:07.720 --> 58:11.720]  Then I'll file a malpractice suit against you.
[58:11.720 --> 58:17.720]  And that's when he'll lose his lunch because you're looking at putting him out of business.
[58:17.720 --> 58:19.720]  We'll finish this up on the other side.
[58:19.720 --> 58:23.720]  And then we have Willie New York and Olivier in Tennessee.
[58:23.720 --> 58:25.720]  Hang on, guys. We're going to break.
[58:25.720 --> 58:28.720]  This is Randy Kelton, Rule of Law Radio.
[58:28.720 --> 58:33.720]  A good time. It's the top of the hour, so it's a good time to go to our sponsors
[58:33.720 --> 58:39.720]  and buy the e-book, get you four chances on the gun giveaway,
[58:39.720 --> 58:43.720]  patronize our sponsors, help us support this network.
[58:43.720 --> 58:49.720]  We'll be right back.
[58:49.720 --> 58:53.720]  Would you like to make more definite progress in your walk with God?
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[58:56.720 --> 59:00.720]  and a set of free Christian books that can really help.
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[59:05.720 --> 59:09.720]  It's an accurate translation, and it contains thousands of footnotes
[59:09.720 --> 59:12.720]  that will help you to know God and to know the meaning of life.
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[59:30.720 --> 59:33.720]  and Basic Elements of the Christian Life,
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[59:44.720 --> 59:51.720]  Or visit us online at bfa.org.
[59:51.720 --> 01:00:02.720]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.720 --> 01:00:06.720]  The following news flash is brought to you by the Lone Star Lowdown,
[01:00:06.720 --> 01:00:09.720]  providing your daily bulletins for the commodity market,
[01:00:09.720 --> 01:00:22.720]  today in history, news updates, and the inside scoop into the tides of the alternative.
[01:00:22.720 --> 01:00:25.720]  Markets for Wednesday, the 18th of January, 2017,
[01:00:25.720 --> 01:00:30.720]  are currently trading with gold at $1,211.45 an ounce,
[01:00:30.720 --> 01:00:35.720]  silver $17.23 an ounce, Texas crude $52.48 a barrel,
[01:00:35.720 --> 01:00:45.720]  and Bitcoin is currently sitting at about $878 U.S. currency.
[01:00:45.720 --> 01:00:50.720]  Today in history, the year 2005, the Airbus A380,
[01:00:50.720 --> 01:00:52.720]  the world's largest commercial jet to date,
[01:00:52.720 --> 01:00:55.720]  is unveiled at its ceremony in Toll House, France.
[01:00:55.720 --> 01:00:58.720]  It has roughly 6,000 square feet of usable floor space,
[01:00:58.720 --> 01:01:02.720]  can seat up to 853 people in an all-economy class,
[01:01:02.720 --> 01:01:06.720]  and has a flight range of roughly 8,500 nautical miles.
[01:01:06.720 --> 01:01:11.720]  The Airbus A380 didn't get its first commercial flight until later that year in April,
[01:01:11.720 --> 01:01:17.720]  but it was unveiled today in history.
[01:01:17.720 --> 01:01:21.720]  In recent news, President Obama announced his exercise of clemency
[01:01:21.720 --> 01:01:24.720]  in commuting the sentence of Chelsea, formerly Bradley Manning.
[01:01:24.720 --> 01:01:29.720]  Manning had been arrested in 2010 after being outed by former hacker Adrian Lammo
[01:01:29.720 --> 01:01:32.720]  for being the main WikiLeaks source on the hundreds of thousands
[01:01:32.720 --> 01:01:35.720]  of sensitive U.S. government documents filed against him,
[01:01:35.720 --> 01:01:37.720]  which included Cablegate and collateral murder.
[01:01:37.720 --> 01:01:41.720]  Thirty-nine minutes of classified gunsight footage in 2010 in Iraq
[01:01:41.720 --> 01:01:46.720]  which shows two U.S. AH-64 Apache helicopters indiscriminately shooting
[01:01:46.720 --> 01:01:50.720]  and killing unarmed civilians, including two Iraqi war correspondents
[01:01:50.720 --> 01:01:52.720]  working for Reuters.
[01:01:52.720 --> 01:01:55.720]  Manning was held in virtual solitary confinement for 23 hours a day
[01:01:55.720 --> 01:01:59.720]  at a Marine Corps brig and sometimes even stripped completely naked.
[01:01:59.720 --> 01:02:03.720]  In 2013, he was sentenced in a military tribunal to 35 years in prison
[01:02:03.720 --> 01:02:06.720]  with the possibility of parole in the eighth year
[01:02:06.720 --> 01:02:08.720]  and dishonorably discharged from the Army.
[01:02:08.720 --> 01:02:11.720]  As a result of Obama's pardon, Manning will be free in May.
[01:02:11.720 --> 01:02:14.720]  To add a twist to all this, Julian Assange, founder of WikiLeaks,
[01:02:14.720 --> 01:02:17.720]  tweeted last week via WikiLeaks' Twitter account that,
[01:02:17.720 --> 01:02:22.720]  quote, if Obama grants Manning clemency, Assange will agree to U.S. extradition
[01:02:22.720 --> 01:02:26.720]  despite clear unconstitutionality of the Department of Justice case.
[01:02:26.720 --> 01:02:30.720]  Assange has spent over four years in hideout at the Ecuadorian embassy in London.
[01:02:30.720 --> 01:02:33.720]  Melinda Taylor, a member of Mr. Assange's legal team,
[01:02:33.720 --> 01:02:38.720]  recently stated to the press that everything that he has said, he's standing by.
[01:02:38.720 --> 01:02:42.720]  The Lone Star Lowdown is currently looking for sponsors and even contributors.
[01:02:42.720 --> 01:02:45.720]  If you have a product or a service you'd like to advertise with us
[01:02:45.720 --> 01:02:47.720]  or even want to write articles and read for us,
[01:02:47.720 --> 01:02:52.720]  feel free to give me a call at 210-363-257.
[01:02:52.720 --> 01:03:21.720]  This was Rick Roady with your Lowdown for January 18, 2017.
[01:03:21.720 --> 01:03:39.720]  Okay, we are back.
[01:03:39.720 --> 01:03:45.720]  Randy Kelton, Rural Law Radio, and we're talking to Maury in Texas.
[01:03:45.720 --> 01:03:49.720]  Okay, so give me an email.
[01:03:49.720 --> 01:03:54.720]  I'll get you a list of things that we need to put together
[01:03:54.720 --> 01:03:56.720]  and then we can talk next week.
[01:03:56.720 --> 01:04:00.720]  Oh, I was talking about the lawyer.
[01:04:00.720 --> 01:04:06.720]  Once you get all of this stuff in his hand, he is not going to want to file it.
[01:04:06.720 --> 01:04:09.720]  And you tell him, you know, that's up to you,
[01:04:09.720 --> 01:04:16.720]  but you either file it or I'll bar-grieve you for it, for each one.
[01:04:16.720 --> 01:04:25.720]  And then he's going to move the court to withdraw from the case.
[01:04:25.720 --> 01:04:29.720]  And then you file an objection with the court to him withdrawing from the case.
[01:04:29.720 --> 01:04:32.720]  He's your counsel of choice.
[01:04:32.720 --> 01:04:37.720]  This is what my lawyer told me when I told him that.
[01:04:37.720 --> 01:04:40.720]  They appointed me counsel.
[01:04:40.720 --> 01:04:42.720]  I didn't ask them to, they just decided to.
[01:04:42.720 --> 01:04:46.720]  And then we sat down with the lawyer and he's telling me how things are going to go.
[01:04:46.720 --> 01:04:48.720]  And I told him, no, no, no, no, no.
[01:04:48.720 --> 01:04:50.720]  That's not how they're going to go.
[01:04:50.720 --> 01:04:52.720]  He said, well, then this is how they're going to go.
[01:04:52.720 --> 01:04:53.720]  This is how they're going to go.
[01:04:53.720 --> 01:04:59.720]  You're going to go to the court and ask the court to remove you from this case.
[01:04:59.720 --> 01:05:03.720]  Now, I'm going to go to the court and tell them, don't you dare remove him from this case.
[01:05:03.720 --> 01:05:06.720]  He's my counsel of choice and he's under contract.
[01:05:06.720 --> 01:05:08.720]  And the lawyer said, well, I'm not under contract with you.
[01:05:08.720 --> 01:05:10.720]  I'm under contract with the state.
[01:05:10.720 --> 01:05:16.720]  I said, yes, you are, but I'm the intended third party beneficiary and I have standard contract.
[01:05:16.720 --> 01:05:18.720]  And the judge is going to remove you from the case.
[01:05:18.720 --> 01:05:20.720]  And he said, yes, you will.
[01:05:20.720 --> 01:05:24.720]  Then I get to sue the judge for interfering with the private contract.
[01:05:24.720 --> 01:05:26.720]  More than that.
[01:05:26.720 --> 01:05:29.720]  They appointed you counsel.
[01:05:29.720 --> 01:05:32.720]  He becomes your counsel of choice.
[01:05:32.720 --> 01:05:37.720]  If they remove that counsel, you get to choose the next one.
[01:05:37.720 --> 01:05:42.720]  And you choose the most expensive lawyer in town.
[01:05:42.720 --> 01:05:43.720]  Anyway, okay.
[01:05:43.720 --> 01:05:45.720]  So now you've got the lawyer.
[01:05:45.720 --> 01:05:52.720]  Tell him you're going to barge with him and file a malpractice suit against him for each one.
[01:05:52.720 --> 01:05:55.720]  This is all about politics.
[01:05:55.720 --> 01:06:02.720]  They filed against you the highest thing they could find so that you could deal down.
[01:06:02.720 --> 01:06:09.720]  Now, when you go to court, it's like you're sitting down at a four-sided chessboard.
[01:06:09.720 --> 01:06:12.720]  You sit down on your side.
[01:06:12.720 --> 01:06:18.720]  Your lawyer's to your right, posing counsel to your left, judge across from you.
[01:06:18.720 --> 01:06:22.720]  You have a relationship with the lawyer.
[01:06:22.720 --> 01:06:27.720]  Your lawyer has a relationship with the prosecutor and with the judge.
[01:06:27.720 --> 01:06:30.720]  You're the odd man out.
[01:06:30.720 --> 01:06:37.720]  So what you want to do is use your lawyer's relationship with the judge and the prosecutor
[01:06:37.720 --> 01:06:41.720]  to get your charges dropped.
[01:06:41.720 --> 01:06:44.720]  And this is how you do it.
[01:06:44.720 --> 01:06:50.720]  You get your lawyer, you give your lawyer plausible deniability
[01:06:50.720 --> 01:06:56.720]  so that he can go to the prosecutor and the judge and say, look, you appointed me this guy.
[01:06:56.720 --> 01:07:02.720]  Now, he is kicking my beehive. He's going to put me out of business.
[01:07:02.720 --> 01:07:06.720]  This guy's threatening to barge with me if I don't file these motions.
[01:07:06.720 --> 01:07:10.720]  And if he bargues me, I'm going to lose my malpractice insurance.
[01:07:10.720 --> 01:07:12.720]  So you guys got to help me out.
[01:07:12.720 --> 01:07:15.720]  You don't want to stuck me with this guy.
[01:07:15.720 --> 01:07:18.720]  Does that make sense, Marty?
[01:07:18.720 --> 01:07:20.720]  Oh, yes, sir.
[01:07:20.720 --> 01:07:22.720]  Stick it to your lawyer.
[01:07:22.720 --> 01:07:25.720]  Your lawyer don't have to be your buddy.
[01:07:25.720 --> 01:07:30.720]  And I assure you, if he's court appointed counsel, he is not your buddy.
[01:07:30.720 --> 01:07:34.720]  He is there to make sure you get screwed and loyal.
[01:07:34.720 --> 01:07:37.720]  So turn it back on.
[01:07:37.720 --> 01:07:42.720]  Read that habeas and then we'll get you a set of motions.
[01:07:42.720 --> 01:07:45.720]  I've got a set of motions developed from that habeas.
[01:07:45.720 --> 01:07:50.720]  You file those motions, you give them to the lawyer, you file every one of these.
[01:07:50.720 --> 01:07:58.720]  If he doesn't, then you file a bar grievance against one of these.
[01:07:58.720 --> 01:08:00.720]  And he's going to have a fit.
[01:08:00.720 --> 01:08:04.720]  Say, okay, guy, I got 18 more.
[01:08:04.720 --> 01:08:07.720]  You want to file them or am I going to grieve you for each one?
[01:08:07.720 --> 01:08:10.720]  And I'll grieve you once a week until we get old.
[01:08:10.720 --> 01:08:14.720]  You'll never practice again.
[01:08:14.720 --> 01:08:19.720]  First, tell him, give him an opportunity to keep from getting grieved.
[01:08:19.720 --> 01:08:24.720]  You bar grieve a lawyer goes on his record forever.
[01:08:24.720 --> 01:08:27.720]  You put three bar grievances on his record.
[01:08:27.720 --> 01:08:30.720]  There's no law firm in the country to pick him up.
[01:08:30.720 --> 01:08:35.720]  You pretty well ruined his career.
[01:08:35.720 --> 01:08:39.720]  So this is the leverage you have.
[01:08:39.720 --> 01:08:48.720]  So read habeas, send me an email, then we'll talk next week.
[01:08:48.720 --> 01:08:49.720]  Yes, sir.
[01:08:49.720 --> 01:08:51.720]  And my father is a Vietnam veteran.
[01:08:51.720 --> 01:08:53.720]  I know that you are.
[01:08:53.720 --> 01:08:57.720]  Thank you for everything you've done and everything you continue to do, Randy.
[01:08:57.720 --> 01:09:00.720]  You're welcome.
[01:09:00.720 --> 01:09:10.720]  But it was 40 years before the first person ever thanked me for my Vietnam service.
[01:09:10.720 --> 01:09:12.720]  There was still a little beer about that.
[01:09:12.720 --> 01:09:16.720]  I went to the VFW when I came back.
[01:09:16.720 --> 01:09:17.720]  I was pretty messed up.
[01:09:17.720 --> 01:09:20.720]  I was more nuts than I realized.
[01:09:20.720 --> 01:09:26.720]  And I needed the help that other vets could have given me.
[01:09:26.720 --> 01:09:29.720]  But they informed me that Vietnam was not a war.
[01:09:29.720 --> 01:09:32.720]  It was a police action.
[01:09:32.720 --> 01:09:37.720]  And I wasn't welcome.
[01:09:37.720 --> 01:09:39.720]  So it still stings a little.
[01:09:39.720 --> 01:09:40.720]  But thank you.
[01:09:40.720 --> 01:09:43.720]  I'm glad you appreciate it.
[01:09:43.720 --> 01:09:47.720]  I'm still in the fight.
[01:09:47.720 --> 01:09:51.720]  These guys are going to follow my law, and that's all there is to it.
[01:09:51.720 --> 01:09:53.720]  It's not a question.
[01:09:53.720 --> 01:09:55.720]  It's not a hope or a wish.
[01:09:55.720 --> 01:10:00.720]  They're going to follow my law, and that's all there is to it.
[01:10:00.720 --> 01:10:02.720]  That's what keeps me here.
[01:10:02.720 --> 01:10:03.720]  Okay.
[01:10:03.720 --> 01:10:05.720]  Thank you, Maury.
[01:10:05.720 --> 01:10:08.720]  Now we're going to go to Will in New York.
[01:10:08.720 --> 01:10:10.720]  Hello, Will.
[01:10:10.720 --> 01:10:13.720]  Yes, yes, much blessing.
[01:10:13.720 --> 01:10:15.720]  What have you got for us today?
[01:10:15.720 --> 01:10:17.720]  Listen, let me tell you.
[01:10:17.720 --> 01:10:20.720]  I lost to a summary in judgment a year ago, right?
[01:10:20.720 --> 01:10:24.720]  And I'm put in for a reconsideration and a re-argument.
[01:10:24.720 --> 01:10:28.720]  And I'm going to wait before a decision.
[01:10:28.720 --> 01:10:29.720]  I mean, to this lying judge.
[01:10:29.720 --> 01:10:31.720]  They came to judge so many times.
[01:10:31.720 --> 01:10:36.720]  Now they placed me with the head administrative judge.
[01:10:36.720 --> 01:10:40.720]  Okay, this is in a trial court?
[01:10:40.720 --> 01:10:41.720]  Yes, it is.
[01:10:41.720 --> 01:10:43.720]  And you're in New York?
[01:10:43.720 --> 01:10:44.720]  Trial court.
[01:10:44.720 --> 01:10:46.720]  I'm in a trial court.
[01:10:46.720 --> 01:10:51.720]  The judge has taken over six months on the summary?
[01:10:51.720 --> 01:10:54.720]  Yeah, Chase has taken over, yeah, for my reconsideration.
[01:10:54.720 --> 01:10:56.720]  They changed the judge three times.
[01:10:56.720 --> 01:10:57.720]  Oh, wait.
[01:10:57.720 --> 01:10:58.720]  Hold on, hold on.
[01:10:58.720 --> 01:11:01.720]  You may have a problem.
[01:11:01.720 --> 01:11:07.720]  I just read the rules of court for Texas on that issue.
[01:11:07.720 --> 01:11:15.720]  What it says is if you file a motion for reconsideration
[01:11:15.720 --> 01:11:20.720]  and the judge does not answer within 75 days,
[01:11:20.720 --> 01:11:25.720]  the motion is denied as a matter of law.
[01:11:25.720 --> 01:11:26.720]  Really?
[01:11:26.720 --> 01:11:30.720]  I'd better check that out and see what the rules are in my court.
[01:11:30.720 --> 01:11:36.720]  Yeah, you might be past time.
[01:11:36.720 --> 01:11:38.720]  That's my concern.
[01:11:38.720 --> 01:11:39.720]  The clock may run out.
[01:11:39.720 --> 01:11:44.720]  So you may want to file with the court of appeals for writ of mandamus
[01:11:44.720 --> 01:11:51.720]  claiming that you must have points and authorities from the court.
[01:11:51.720 --> 01:11:54.720]  And that's what a motion for reconsideration goes to,
[01:11:54.720 --> 01:11:56.720]  is points and authorities.
[01:11:56.720 --> 01:11:57.720]  Absolutely.
[01:11:57.720 --> 01:11:58.720]  You know what?
[01:11:58.720 --> 01:12:00.720]  And on top of that, after my reason,
[01:12:00.720 --> 01:12:05.720]  I also filed because the judge that written that decision
[01:12:05.720 --> 01:12:07.720]  didn't give any point of a third.
[01:12:07.720 --> 01:12:13.720]  She just stated that my case rules were without merit.
[01:12:13.720 --> 01:12:14.720]  And that was it.
[01:12:14.720 --> 01:12:19.720]  Because one of the reasons, because for whatever reason the...
[01:12:19.720 --> 01:12:22.720]  Hold on, hold on.
[01:12:22.720 --> 01:12:23.720]  Wait, wait, wait.
[01:12:23.720 --> 01:12:25.720]  Hold on, hold on.
[01:12:25.720 --> 01:12:28.720]  This was a...
[01:12:28.720 --> 01:12:33.720]  You had a motion to dismiss you're the plaintiff?
[01:12:33.720 --> 01:12:36.720]  I'm the defendant.
[01:12:36.720 --> 01:12:38.720]  Oh.
[01:12:38.720 --> 01:12:41.720]  Okay, that makes it more difficult.
[01:12:41.720 --> 01:12:44.720]  I was hoping you were the plaintiff.
[01:12:44.720 --> 01:12:45.720]  Okay, I'm sorry.
[01:12:45.720 --> 01:12:47.720]  Let me explain why I said that.
[01:12:47.720 --> 01:12:53.720]  If you were the plaintiff and she dismissed on a motion for summary judgment
[01:12:53.720 --> 01:12:56.720]  because it generally comes from the other side,
[01:12:56.720 --> 01:12:59.720]  then if she didn't dismiss with prejudice,
[01:12:59.720 --> 01:13:02.720]  you could refile in case your appeal clock has run out.
[01:13:02.720 --> 01:13:05.720]  That's why I was concerned about that.
[01:13:05.720 --> 01:13:08.720]  Okay, you're the defendant,
[01:13:08.720 --> 01:13:11.720]  and you got a summary judgment motion.
[01:13:11.720 --> 01:13:14.720]  What was the nature of the case?
[01:13:14.720 --> 01:13:16.720]  The foreclosure case.
[01:13:16.720 --> 01:13:18.720]  Okay.
[01:13:18.720 --> 01:13:23.720]  Did they grant foreclosure to...
[01:13:23.720 --> 01:13:26.720]  Did they grant the right to the...
[01:13:26.720 --> 01:13:28.720]  Okay.
[01:13:28.720 --> 01:13:32.720]  Has the other side pursued foreclosure?
[01:13:32.720 --> 01:13:34.720]  Yeah.
[01:13:34.720 --> 01:13:40.720]  But they was kind of stuck there because I haven't got a decision on the...
[01:13:40.720 --> 01:13:41.720]  They didn't even...
[01:13:41.720 --> 01:13:43.720]  I gave them a chance to...
[01:13:43.720 --> 01:13:48.720]  Because it was late and filed in a response to my reconsideration re-argument,
[01:13:48.720 --> 01:13:51.720]  and they asked me for time to respond to it.
[01:13:51.720 --> 01:13:56.720]  And even when I gave them time to respond, they still didn't address my...
[01:13:56.720 --> 01:13:59.720]  Okay, an emotion for reconsideration,
[01:13:59.720 --> 01:14:02.720]  they don't have to respond if they don't want to,
[01:14:02.720 --> 01:14:05.720]  so they're not bound to.
[01:14:05.720 --> 01:14:07.720]  Okay.
[01:14:07.720 --> 01:14:11.720]  The motion for reconsideration is between you and the judge.
[01:14:11.720 --> 01:14:13.720]  You ask the judge to reconsider,
[01:14:13.720 --> 01:14:17.720]  and you generally, when you ask them to reconsider,
[01:14:17.720 --> 01:14:22.720]  you file a points and authority.
[01:14:22.720 --> 01:14:26.720]  You create your own findings of fact and conclusions of law,
[01:14:26.720 --> 01:14:33.720]  and ask the judge to accept yours and reconsider based on this.
[01:14:33.720 --> 01:14:37.720]  Then if the other side doesn't like what it sees there or doesn't agree with something,
[01:14:37.720 --> 01:14:40.720]  then they can file a response to your motion,
[01:14:40.720 --> 01:14:43.720]  but they don't have to.
[01:14:43.720 --> 01:14:44.720]  Now, you think that...
[01:14:44.720 --> 01:14:45.720]  I got this new thing.
[01:14:45.720 --> 01:14:48.720]  You think the new judge will go not at the head judge,
[01:14:48.720 --> 01:14:51.720]  the head administrative judge, over all of them.
[01:14:51.720 --> 01:14:57.720]  You think they will go against the subordinates?
[01:14:57.720 --> 01:14:59.720]  They can't.
[01:14:59.720 --> 01:15:01.720]  They will not.
[01:15:01.720 --> 01:15:02.720]  No, they will not.
[01:15:02.720 --> 01:15:05.720]  That's res judicata.
[01:15:05.720 --> 01:15:08.720]  Already adjudicated.
[01:15:08.720 --> 01:15:09.720]  Okay, you know what?
[01:15:09.720 --> 01:15:16.720]  I just wanted to go ahead and do my interlocutory appeal.
[01:15:16.720 --> 01:15:17.720]  That's my concern.
[01:15:17.720 --> 01:15:24.720]  Read the rules of court for New York's CAFA motion for reconsideration
[01:15:24.720 --> 01:15:30.720]  is automatically denied after an amount of time.
[01:15:30.720 --> 01:15:34.720]  If it's been a year, you could be out of time.
[01:15:34.720 --> 01:15:39.720]  Because they didn't...
[01:15:39.720 --> 01:15:42.720]  I mean, it probably would respond negatively.
[01:15:42.720 --> 01:15:44.720]  But do you think that the writ,
[01:15:44.720 --> 01:15:47.720]  if I do a writ of examinist for a point of passion,
[01:15:47.720 --> 01:15:50.720]  for a point of adjudication,
[01:15:50.720 --> 01:15:52.720]  because I don't have nothing to go to appeals with.
[01:15:52.720 --> 01:15:54.720]  Hold on.
[01:15:54.720 --> 01:16:02.720]  If you need to find this out because if the ruling became automatic
[01:16:02.720 --> 01:16:04.720]  after a certain period of time,
[01:16:04.720 --> 01:16:07.720]  and this is common in states,
[01:16:07.720 --> 01:16:11.720]  where if a judge doesn't rule on certain kind of motions
[01:16:11.720 --> 01:16:13.720]  within a certain amount of time,
[01:16:13.720 --> 01:16:15.720]  it's denied as a matter of law.
[01:16:15.720 --> 01:16:16.720]  That's the case.
[01:16:16.720 --> 01:16:19.720]  Okay, now what if it's not?
[01:16:19.720 --> 01:16:26.720]  Okay, if it's not, then move the appellate court for writ of mandamus
[01:16:26.720 --> 01:16:32.720]  ordering this judge to produce findings affecting conclusions of law,
[01:16:32.720 --> 01:16:43.720]  or ordering the court to issue a ruling on the motion for reconsideration.
[01:16:43.720 --> 01:16:51.720]  And another thing, I'll catch you on the other side in a minute.
[01:16:51.720 --> 01:16:53.720]  I'm having trouble understanding.
[01:16:53.720 --> 01:16:55.720]  You're talking faster than I can listen.
[01:16:55.720 --> 01:16:56.720]  I guess.
[01:16:56.720 --> 01:16:58.720]  Oh, yeah, I'm sorry.
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[01:19:22.720 --> 01:19:24.720]  Okay, we are back.
[01:19:24.720 --> 01:19:26.720]  Randy Kelton, we're on our radio.
[01:19:26.720 --> 01:19:30.720]  We're talking to Will in New York.
[01:19:30.720 --> 01:19:35.720]  I tried to look this up, the rules for New York, up on the break.
[01:19:35.720 --> 01:19:40.720]  Oh, boy.
[01:19:40.720 --> 01:19:45.720]  I am concerned that if you are out of time, then...
[01:19:45.720 --> 01:19:48.720]  Sir, no, but I don't think so.
[01:19:48.720 --> 01:19:49.720]  Oh, good.
[01:19:49.720 --> 01:19:55.720]  If you are, then no court has subject matter jurisdiction.
[01:19:55.720 --> 01:19:59.720]  If not, move for a writ of mandamus from a higher court,
[01:19:59.720 --> 01:20:08.720]  asking the higher court to order this court to render a ruling on your final motion.
[01:20:08.720 --> 01:20:10.720]  You're right.
[01:20:10.720 --> 01:20:21.720]  I'm forcing them to the lower court to find the facts and conclusions of law on this matter.
[01:20:21.720 --> 01:20:25.720]  Well, if the court...
[01:20:25.720 --> 01:20:32.720]  If you still have standing, then you ask for a ruling on the motion that's before the court.
[01:20:32.720 --> 01:20:39.720]  If you get just a denial, then file for findings of fact and conclusions of law
[01:20:39.720 --> 01:20:43.720]  because you need that in order to perfect your appeal.
[01:20:43.720 --> 01:20:44.720]  Right.
[01:20:44.720 --> 01:20:56.720]  And another thing, how much weight does the service have given you accounting of history of the payments,
[01:20:56.720 --> 01:21:00.720]  like the interest rate?
[01:21:00.720 --> 01:21:04.720]  I think court holding that, even though it's fictitious, how much...
[01:21:04.720 --> 01:21:09.720]  Is the court really looking at that really heavy if they just start making up numbers?
[01:21:09.720 --> 01:21:10.720]  Yeah.
[01:21:10.720 --> 01:21:12.720]  Well, here's the problem.
[01:21:12.720 --> 01:21:19.720]  If you've already received a ruling in the foreclosure...
[01:21:19.720 --> 01:21:20.720]  Right.
[01:21:20.720 --> 01:21:26.720]  As an opposition to foreclosure, that's an issue that should have been brought there.
[01:21:26.720 --> 01:21:27.720]  I did.
[01:21:27.720 --> 01:21:29.720]  You did bring it?
[01:21:29.720 --> 01:21:34.720]  I did bring it. The judges...
[01:21:34.720 --> 01:21:37.720]  Okay. Then it's a matter for appeal. You can appeal that.
[01:21:37.720 --> 01:21:38.720]  Yeah.
[01:21:38.720 --> 01:21:43.720]  And that goes to what do you actually owe?
[01:21:43.720 --> 01:21:44.720]  Right.
[01:21:44.720 --> 01:21:55.720]  So they don't know. The only thing they know is what the last servicer collected.
[01:21:55.720 --> 01:21:56.720]  Right.
[01:21:56.720 --> 01:22:06.720]  Somehow when they move from one servicer to another, they don't transfer the accounting to the next servicer.
[01:22:06.720 --> 01:22:10.720]  But they made that from the beginning.
[01:22:10.720 --> 01:22:14.720]  Yeah. They don't have it from the beginning.
[01:22:14.720 --> 01:22:22.720]  I just sent an email to a lawyer. I filed a petition for declaratory judgment in California.
[01:22:22.720 --> 01:22:28.720]  And I used the who's on first argument.
[01:22:28.720 --> 01:22:37.720]  I said, who's on first? Who stands first in line on the Deed of Trust?
[01:22:37.720 --> 01:22:40.720]  We don't know who it is.
[01:22:40.720 --> 01:22:44.720]  Yeah. Aquin claims that they stand. They're on first.
[01:22:44.720 --> 01:22:46.720]  But we don't believe they're on first.
[01:22:46.720 --> 01:22:51.720]  If anything, they're on second, but we expect they're in the outfield.
[01:22:51.720 --> 01:22:58.720]  I have a whole argument based on that Abbott and Costello routine.
[01:22:58.720 --> 01:23:06.720]  The lawyer sent an email wanting to know. He said he didn't understand what we were asking.
[01:23:06.720 --> 01:23:21.720]  So I responded with an email saying that I have looked at the note and looked at the bills being charged by your company.
[01:23:21.720 --> 01:23:29.720]  And they appear to have a 2% interest overage.
[01:23:29.720 --> 01:23:36.720]  So now I need to see how far back this 2% overage goes.
[01:23:36.720 --> 01:23:43.720]  So in order to do that, I need to know everybody who has been a holder of this note
[01:23:43.720 --> 01:23:53.720]  and who has received the payments on the note to determine how those payments were applied to principal and interest.
[01:23:53.720 --> 01:24:00.720]  Therefore, I need a complete chain of title back to the original principal.
[01:24:00.720 --> 01:24:10.720]  I haven't received a response yet, but actually that was song and dance in Selser Down Your Pants.
[01:24:10.720 --> 01:24:23.720]  The reason it was song and dance in Selser Down Your Pants is we filed this quiet title action and this lawyer, instead of answering it, sent this email.
[01:24:23.720 --> 01:24:31.720]  Whoa, cool. His 21 days are up, so they're in default.
[01:24:31.720 --> 01:24:38.720]  But in New York, if you file for a no answer default, they'll almost always deny it.
[01:24:38.720 --> 01:24:43.720]  They'll let the other side make any argument they want to.
[01:24:43.720 --> 01:24:53.720]  But California has got this cool, cool law that says if it's been over six months,
[01:24:53.720 --> 01:25:02.720]  then the defendant cannot claim permissible error.
[01:25:02.720 --> 01:25:04.720]  It's over.
[01:25:04.720 --> 01:25:11.720]  So he knows about the suit because he contacted us about it.
[01:25:11.720 --> 01:25:18.720]  I don't think, I think he may be believing, and this has happened before with some of the suits I've worked,
[01:25:18.720 --> 01:25:31.720]  where we file suit and the company gets it and then they start hunting around for a lawyer and they get this lawyer and the lawyer gets it late.
[01:25:31.720 --> 01:25:37.720]  His time is almost up to answer and he thinks it's already been answered.
[01:25:37.720 --> 01:25:43.720]  Now, the people who gave it to him probably don't know there's a 20 day time limit.
[01:25:43.720 --> 01:25:46.720]  So they're not too concerned and they don't say anything about it.
[01:25:46.720 --> 01:25:50.720]  He gets it, they're not concerned, so he figures it's already been answered.
[01:25:50.720 --> 01:25:54.720]  And he thinks he just picked up the case and he don't know what it's about.
[01:25:54.720 --> 01:26:03.720]  Well, it hadn't been answered, so we're doing song and dance at Seltzer Dandy Pants to stall him for six months.
[01:26:03.720 --> 01:26:06.720]  We're going to ask for a loan modification.
[01:26:06.720 --> 01:26:13.720]  We've already filed a qualified written request with notice of rescission.
[01:26:13.720 --> 01:26:30.720]  If they try to start to foreclose, we'll file a separate lawsuit on rescission and keep inviting the second one so that time runs out on the first one.
[01:26:30.720 --> 01:26:35.720]  So all that is strategy, loan modification and rescission, that's all that is?
[01:26:35.720 --> 01:26:37.720]  Yeah, we run loan modification.
[01:26:37.720 --> 01:26:39.720]  Loan modification is a scam.
[01:26:39.720 --> 01:26:41.720]  They're just scamming you.
[01:26:41.720 --> 01:26:49.720]  So we're going to use loan modification to scam them back.
[01:26:49.720 --> 01:26:51.720]  So anyway, okay, that's not your case.
[01:26:51.720 --> 01:26:53.720]  Scam them back.
[01:26:53.720 --> 01:26:58.720]  So in your case, they've already got the right to foreclose.
[01:26:58.720 --> 01:27:11.720]  So have you looked at all the documents filed in the public record, I'm sorry, in the county recorder's office?
[01:27:11.720 --> 01:27:13.720]  Yeah.
[01:27:13.720 --> 01:27:17.720]  Is there a break in title there, in chain of title?
[01:27:17.720 --> 01:27:19.720]  Yes, it is.
[01:27:19.720 --> 01:27:38.720]  Okay, even if your time is up, there's one thing for which the clock never runs out, challenge to subject matter jurisdiction.
[01:27:38.720 --> 01:27:50.720]  Who are you and how do you show authority to prosecute a claim against this property?
[01:27:50.720 --> 01:27:59.720]  Every state has a statute that reflects Texas property code 13.001.
[01:27:59.720 --> 01:28:05.720]  In California, it's, I think, 2214.
[01:28:05.720 --> 01:28:11.720]  Texas, it says. Unlimited subject matter jurisdiction.
[01:28:11.720 --> 01:28:13.720]  Wait, say that again?
[01:28:13.720 --> 01:28:21.720]  You know, the lower courts usually, the Supreme Court usually have, trial courts usually have unlimited subject matter jurisdiction.
[01:28:21.720 --> 01:28:23.720]  No, they don't.
[01:28:23.720 --> 01:28:32.720]  A trial court has general subject matter jurisdiction or they have general jurisdiction over a subject matter.
[01:28:32.720 --> 01:28:40.720]  But, okay, well, let's say I come to New York and I file a foreclosure action on your property.
[01:28:40.720 --> 01:28:42.720]  Are you good?
[01:28:42.720 --> 01:28:47.720]  Yeah, I'm good, but the court is going to say, who are you?
[01:28:47.720 --> 01:28:56.720]  How can you bring a genuine controversy to my court?
[01:28:56.720 --> 01:28:59.720]  Do you have a claim against this property?
[01:28:59.720 --> 01:29:02.720]  Yeah, I just want it.
[01:29:02.720 --> 01:29:10.720]  So they're going to say you lack the legal capacity to invoke our subject matter jurisdiction.
[01:29:10.720 --> 01:29:17.720]  So while the court has general jurisdiction over the subject matter, they lack competency.
[01:29:17.720 --> 01:29:30.720]  They can only secure competency by a valid controversy being brought before the court by someone who has standing to bring that controversy.
[01:29:30.720 --> 01:29:34.720]  That goes to subject matter jurisdiction.
[01:29:34.720 --> 01:29:36.720]  Hang on, it's going to break.
[01:29:36.720 --> 01:29:43.720]  Randy Kelton, Rule of Law Radio, call it number 512-646-1984.
[01:29:43.720 --> 01:29:45.720]  We'll be right back on the other side.
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[01:30:02.720 --> 01:30:05.720]  Vogue magazine is making a new fashion statement.
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[01:33:24.720 --> 01:33:26.720]  Okay, we are back.
[01:33:26.720 --> 01:33:28.720]  Brandon Kelton and Wheel of Life Radio.
[01:33:28.720 --> 01:33:35.720]  We're talking to Wheel in New York about the subject matter jurisdiction.
[01:33:35.720 --> 01:33:38.720]  And competency, which they don't care.
[01:33:38.720 --> 01:33:41.720]  They don't even follow the rules anymore.
[01:33:41.720 --> 01:33:42.720]  Okay, okay, hold on.
[01:33:42.720 --> 01:33:44.720]  You're missing something.
[01:33:44.720 --> 01:33:48.720]  Of course they don't follow the rules.
[01:33:48.720 --> 01:33:49.720]  They're corrupt.
[01:33:49.720 --> 01:33:52.720]  The courts are absolutely corrupt.
[01:33:52.720 --> 01:33:59.720]  You will never win your case simply because you have the law on your side.
[01:33:59.720 --> 01:34:02.720]  To think so is naive.
[01:34:02.720 --> 01:34:06.720]  You'll only win your case if you have the politics on your side.
[01:34:06.720 --> 01:34:10.720]  And all politics is local.
[01:34:10.720 --> 01:34:16.720]  That may not be right, but that's how it works in the world I live in.
[01:34:16.720 --> 01:34:19.720]  But it's not necessarily a problem.
[01:34:19.720 --> 01:34:25.720]  It's only a problem if you don't understand that it's all political.
[01:34:25.720 --> 01:34:30.720]  Because once you understand the politics, you can use it against them.
[01:34:30.720 --> 01:34:36.720]  You have more power to use it against them than they ever want you to know.
[01:34:36.720 --> 01:34:43.720]  When I file an action in the court, I always expect to lose.
[01:34:43.720 --> 01:34:54.720]  But I am going to beat them up so bad before they get there that they're not going to want to do this again.
[01:34:54.720 --> 01:34:58.720]  Let me give you a suggestion.
[01:34:58.720 --> 01:35:02.720]  Always expect to make a deal.
[01:35:02.720 --> 01:35:08.720]  Never expect to go in and win your case.
[01:35:08.720 --> 01:35:10.720]  This almost never happens.
[01:35:10.720 --> 01:35:17.720]  Very few cases that are filed ever get to a jury verdict.
[01:35:17.720 --> 01:35:20.720]  Almost none.
[01:35:20.720 --> 01:35:26.720]  Everybody out there knows that nobody trusts jurors.
[01:35:26.720 --> 01:35:29.720]  It's always a crap shoot.
[01:35:29.720 --> 01:35:34.720]  So for the most part, lawyers work toward making a deal.
[01:35:34.720 --> 01:35:37.720]  You should work toward making a deal.
[01:35:37.720 --> 01:35:44.720]  You should have a deal out there that you're willing to make.
[01:35:44.720 --> 01:35:46.720]  And then work toward that.
[01:35:46.720 --> 01:35:52.720]  Finally, like in your case, the thing that will get you back in the court,
[01:35:52.720 --> 01:35:58.720]  if your time is ran out on that foreclosure case and your appeal clock is gone
[01:35:58.720 --> 01:36:03.720]  and everything looks like it's dead over with,
[01:36:03.720 --> 01:36:09.720]  we'll start this all over again with a subject matter jurisdiction challenge.
[01:36:09.720 --> 01:36:17.720]  Okay, this is something no lawyer is ever going to do, but we're not lawyers.
[01:36:17.720 --> 01:36:24.720]  We're going to file a case not expecting to win it.
[01:36:24.720 --> 01:36:27.720]  We don't care.
[01:36:27.720 --> 01:36:32.720]  We're going to file this case to beat you guys up because we'll keep you in court until you get old
[01:36:32.720 --> 01:36:36.720]  and cost you more money than the properties were.
[01:36:36.720 --> 01:36:43.720]  So I filed and I trespassed the Tri-Title or in the California case,
[01:36:43.720 --> 01:36:49.720]  it's a quiet title action, saying that there is a breaking chain of title.
[01:36:49.720 --> 01:36:54.720]  What the Texas Code says, 13.001, I use that because I can quote it,
[01:36:54.720 --> 01:37:03.720]  it says, any claim against real property not properly acknowledged or proven,
[01:37:03.720 --> 01:37:11.720]  acknowledged notary, proven to witnesses, and filed in the public record is void as to the holder.
[01:37:11.720 --> 01:37:14.720]  So I don't care who you are.
[01:37:14.720 --> 01:37:17.720]  I don't care what you hold.
[01:37:17.720 --> 01:37:27.720]  I don't even care if you are in fact the true and bona fide, genuine holder of the security instrument.
[01:37:27.720 --> 01:37:35.720]  If you cannot go to the public record and show by the public record that you are the genuine
[01:37:35.720 --> 01:37:44.720]  and bona fide holder of the public record, you can use your claim for toilet paper.
[01:37:44.720 --> 01:37:48.720]  Every state has that requirement.
[01:37:48.720 --> 01:37:53.720]  Otherwise, there's no reason to have a county recorder.
[01:37:53.720 --> 01:37:55.720]  You bring that up on subject matter.
[01:37:55.720 --> 01:37:57.720]  We said it's subject matter jurisdiction.
[01:37:57.720 --> 01:37:59.720]  That's a separate lawsuit.
[01:37:59.720 --> 01:38:01.720]  Exactly.
[01:38:01.720 --> 01:38:09.720]  And subject matter jurisdiction can be challenged no matter how late in history.
[01:38:09.720 --> 01:38:16.720]  So this gets us back in even if the appeal clock is ran out, no problem.
[01:38:16.720 --> 01:38:19.720]  We just come back with a subject matter jurisdiction challenge
[01:38:19.720 --> 01:38:23.720]  and claim that that court never had subject matter jurisdiction.
[01:38:23.720 --> 01:38:29.720]  Well, the way I like to do it is with what I call a pawn move.
[01:38:29.720 --> 01:38:39.720]  I file a quiet title action and ask the court to give me a declaratory judgment
[01:38:39.720 --> 01:38:43.720]  and declare the rights of the parties.
[01:38:43.720 --> 01:38:49.720]  If you file any suit against one of these mortgage companies,
[01:38:49.720 --> 01:38:53.720]  they are immediately going to remove it to the federal courts
[01:38:53.720 --> 01:38:57.720]  because they got the federal courts bought and paid for.
[01:38:57.720 --> 01:39:05.720]  So what you do is you file a petition for declaratory judgment.
[01:39:05.720 --> 01:39:11.720]  You only ask the court to declare the rights of the parties.
[01:39:11.720 --> 01:39:20.720]  You ask the court to state that there is no document in the public record
[01:39:20.720 --> 01:39:29.720]  that shows that this entity has a standing to make a claim against this property
[01:39:29.720 --> 01:39:33.720]  because there's a break in title.
[01:39:33.720 --> 01:39:41.720]  And you don't ask for images, you don't ask for attorney fees, you don't ask for anything.
[01:39:41.720 --> 01:39:45.720]  They're going to remove that to the federal court immediately.
[01:39:45.720 --> 01:39:51.720]  And then they're going to file a Rule 12 motion to dismiss for failure to state a claim on which recovery can be had.
[01:39:51.720 --> 01:39:57.720]  Judge John McBride dismissed my case with prejudice
[01:39:57.720 --> 01:40:02.720]  for failure to state a claim on which recovery could be had.
[01:40:02.720 --> 01:40:07.720]  Well, Bubba, that was a declaratory judgment suit.
[01:40:07.720 --> 01:40:14.720]  Of course I didn't state a claim because I didn't have recovery.
[01:40:14.720 --> 01:40:24.720]  Yesterday I sent to the special agent in charge in Dallas, Texas, FBI,
[01:40:24.720 --> 01:40:32.720]  a criminal complaint, official misconduct, criminal violation 18 U.S. Code 242
[01:40:32.720 --> 01:40:36.720]  against that arrogant Judge John McBride.
[01:40:36.720 --> 01:40:42.720]  Let's see how that works out for you, Bubba.
[01:40:42.720 --> 01:40:52.720]  A declaratory judgment case gets around a Rule 12B motion to dismiss.
[01:40:52.720 --> 01:41:02.720]  The thing the banks want to avoid more than any other is discovery.
[01:41:02.720 --> 01:41:06.720]  So you do the declaratory judgment case,
[01:41:06.720 --> 01:41:13.720]  and if the judge dismisses it the way mine did, then you file against the judge.
[01:41:13.720 --> 01:41:20.720]  And I'm going to run the whole routine on the federal system.
[01:41:20.720 --> 01:41:27.720]  If you didn't hear the first part of the show, we talked about that when Don from New Mexico was on.
[01:41:27.720 --> 01:41:36.720]  28 U.S. Code 535 directs any federal employee, if they have knowledge that employees violated a law,
[01:41:36.720 --> 01:41:42.720]  they're required to report it to the attorney general in Washington, D.C.
[01:41:42.720 --> 01:41:50.720]  So I filed against the SAC, I filed with the SAC against Judge McBride.
[01:41:50.720 --> 01:41:54.720]  The SAC is required to send that to the attorney general.
[01:41:54.720 --> 01:41:57.720]  He's not going to do it.
[01:41:57.720 --> 01:42:03.720]  Then I'm going to file against the SAC with the U.S. attorney.
[01:42:03.720 --> 01:42:10.720]  And the U.S. attorney, when he gets it against the SAC, he's not going to send it to the attorney general.
[01:42:10.720 --> 01:42:16.720]  Then I file against the SAC and just get everybody hopping up and down
[01:42:16.720 --> 01:42:21.720]  and worried about their position, worried this is going to come back and haunt them.
[01:42:21.720 --> 01:42:26.720]  I'm creating politics.
[01:42:26.720 --> 01:42:29.720]  This is how we do it.
[01:42:29.720 --> 01:42:35.720]  What I suggest is you look closely at the public record.
[01:42:35.720 --> 01:42:43.720]  Find a gap, file a petition for declaratory judgment to quiet title
[01:42:43.720 --> 01:42:49.720]  for a document that was filed behind the gap in chain of title.
[01:42:49.720 --> 01:42:51.720]  And that's just a motion.
[01:42:51.720 --> 01:42:53.720]  I would do that in a motion.
[01:42:53.720 --> 01:42:57.720]  Oh, you would do that in an original pleading.
[01:42:57.720 --> 01:42:59.720]  Original pleading.
[01:42:59.720 --> 01:43:02.720]  Yeah, you file a declaratory judgment suit.
[01:43:02.720 --> 01:43:04.720]  Not a separate lawsuit.
[01:43:04.720 --> 01:43:05.720]  Not a separate lawsuit.
[01:43:05.720 --> 01:43:07.720]  I just erased that.
[01:43:07.720 --> 01:43:10.720]  It is a lawsuit, but you don't ask for damages.
[01:43:10.720 --> 01:43:12.720]  It's just a special kind of lawsuit.
[01:43:12.720 --> 01:43:18.720]  Look up the Declaratory Judgment Act for New York.
[01:43:18.720 --> 01:43:20.720]  They got one.
[01:43:20.720 --> 01:43:22.720]  Every state has one.
[01:43:22.720 --> 01:43:24.720]  Don't ask for any damages.
[01:43:24.720 --> 01:43:28.720]  Just ask for the judge to rule on the rights of the parties.
[01:43:28.720 --> 01:43:32.720]  If the judge rules that you're right, there is a gap,
[01:43:32.720 --> 01:43:40.720]  and this place doesn't have standing, that becomes res judicata.
[01:43:40.720 --> 01:43:44.720]  If the other side doesn't appeal and it goes 30 days, it is done.
[01:43:44.720 --> 01:43:47.720]  It can never be questioned again.
[01:43:47.720 --> 01:43:54.720]  You can use that to come back and sue for wrongful foreclosure.
[01:43:54.720 --> 01:44:18.720]  Hang on, I'm going to break the record.
[01:44:54.720 --> 01:45:04.720]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:17.720 --> 01:46:22.720]  Okay, we are back. Randy Kelton, Rule of Law Radio, and I'm talking to Bill of New York.
[01:46:22.720 --> 01:46:24.720]  Will, does that make sense?
[01:46:24.720 --> 01:46:26.720]  Yes, yes it does, a lot.
[01:46:26.720 --> 01:46:36.720]  And I just want to ask one more thing about what the service has done.
[01:46:36.720 --> 01:46:41.720]  The service of what happened was when I filed a complaint with the Department of Finance,
[01:46:41.720 --> 01:46:45.720]  which is now, which formerly was the Department of Banking,
[01:46:45.720 --> 01:46:54.720]  they sent the Department of Banking a note with the pay to the order removed.
[01:46:54.720 --> 01:46:59.720]  So they obliterated, they removed pay to the order without recourse
[01:46:59.720 --> 01:47:03.720]  to make it seem like there was the originator.
[01:47:03.720 --> 01:47:05.720]  It wasn't passed down to them.
[01:47:05.720 --> 01:47:07.720]  That's major, didn't you think so?
[01:47:07.720 --> 01:47:09.720]  I would say so.
[01:47:09.720 --> 01:47:12.720]  Well, I don't know, I don't know that that even matters
[01:47:12.720 --> 01:47:16.720]  because their name is not on the front of it.
[01:47:16.720 --> 01:47:18.720]  If they have a note...
[01:47:18.720 --> 01:47:20.720]  They just removed it. Yeah, they removed it.
[01:47:20.720 --> 01:47:22.720]  They just removed it and just sent that,
[01:47:22.720 --> 01:47:24.720]  because I just made a complaint with the Department of Banking.
[01:47:24.720 --> 01:47:26.720]  They got to get some mileage out of there somewhere.
[01:47:26.720 --> 01:47:28.720]  That was a witch.
[01:47:28.720 --> 01:47:31.720]  What was the harm?
[01:47:31.720 --> 01:47:37.720]  It wasn't. I just, because there was a license,
[01:47:37.720 --> 01:47:40.720]  I thought they would say something because the ones that...
[01:47:40.720 --> 01:47:45.720]  Wait, you can't make a claim against someone unless there's a harm.
[01:47:45.720 --> 01:47:50.720]  Well, my reason for sending it to them
[01:47:50.720 --> 01:47:54.720]  is because it wasn't licensed in New York State.
[01:47:54.720 --> 01:47:59.720]  So I thought the Department of Banking would say something about that.
[01:47:59.720 --> 01:48:02.720]  Wait a minute, I'm missing something here.
[01:48:02.720 --> 01:48:06.720]  They don't have a license to operate in the state of New York?
[01:48:06.720 --> 01:48:12.720]  During the time, they didn't have a license to operate in the state of New York.
[01:48:12.720 --> 01:48:14.720]  But I understand debt collection.
[01:48:14.720 --> 01:48:19.720]  If you owe somebody in Florida and they come after these debts in New York,
[01:48:19.720 --> 01:48:23.720]  I mean, I guess they do have a right to come for their debt, right?
[01:48:23.720 --> 01:48:28.720]  Well, the debt collector can't collect in the state,
[01:48:28.720 --> 01:48:34.720]  but the original lender could.
[01:48:34.720 --> 01:48:37.720]  The original lender, that's correct.
[01:48:37.720 --> 01:48:41.720]  But I guess if they're saying that they was passed on an assignment
[01:48:41.720 --> 01:48:43.720]  by the original lender...
[01:48:43.720 --> 01:48:46.720]  Part of the problem here is you're using pronouns,
[01:48:46.720 --> 01:48:49.720]  and I'm not sure who they is referring to.
[01:48:49.720 --> 01:48:52.720]  Okay, they is the...
[01:48:52.720 --> 01:48:58.720]  This is the Washington Museum was passed on allegedly to Chase,
[01:48:58.720 --> 01:49:00.720]  and Chase now becomes the...
[01:49:00.720 --> 01:49:09.720]  Whoa, is there an assignment in the public record from Washington Mutual to Chase?
[01:49:09.720 --> 01:49:10.720]  No, it's not.
[01:49:10.720 --> 01:49:12.720]  Man, I really knew that answer.
[01:49:12.720 --> 01:49:14.720]  EAC.
[01:49:14.720 --> 01:49:20.720]  When Washington Mutual was put out of business by the CIA,
[01:49:20.720 --> 01:49:25.720]  was your mortgage an asset of Washington Mutual?
[01:49:25.720 --> 01:49:28.720]  That's supposed to be, yes.
[01:49:28.720 --> 01:49:32.720]  Absolutely not, I guarantee it.
[01:49:32.720 --> 01:49:38.720]  You know why Washington Mutual was put out of business?
[01:49:38.720 --> 01:49:40.720]  Let me explain.
[01:49:40.720 --> 01:49:44.720]  Washington Mutual would come to you and say,
[01:49:44.720 --> 01:49:46.720]  let's do a mortgage,
[01:49:46.720 --> 01:49:53.720]  and I will purchase the warranty deed and trade it to you for a promise to pay.
[01:49:53.720 --> 01:49:58.720]  And that was done with the implication that Washington Mutual
[01:49:58.720 --> 01:50:03.720]  would go to their Federal Reserve account, their Fractional Reserve account,
[01:50:03.720 --> 01:50:08.720]  and draw 90% of these funds from their Fractional Reserve account,
[01:50:08.720 --> 01:50:11.720]  buy the warranty deed with those funds,
[01:50:11.720 --> 01:50:15.720]  then trade the warranty deed to you for a promise to pay,
[01:50:15.720 --> 01:50:19.720]  and as you paid the obligation off,
[01:50:19.720 --> 01:50:24.720]  they would pay that money back to their Fractional Reserve account.
[01:50:24.720 --> 01:50:28.720]  So they create this money out of the thin air,
[01:50:28.720 --> 01:50:32.720]  and when it's paid back, the money goes back to the thin air from which it came.
[01:50:32.720 --> 01:50:37.720]  That was the impression they gave, but that's not what they were doing.
[01:50:37.720 --> 01:50:42.720]  What they were doing is getting their money from a special purpose vehicle.
[01:50:42.720 --> 01:50:47.720]  So Washington Mutual never owned the note in the first place.
[01:50:47.720 --> 01:50:50.720]  They were just a broker.
[01:50:50.720 --> 01:50:53.720]  The special purpose vehicle is the one that owned the note,
[01:50:53.720 --> 01:50:57.720]  and where is their money?
[01:50:57.720 --> 01:51:01.720]  Mexican and Colombian drug cartels.
[01:51:01.720 --> 01:51:05.720]  It was the biggest money laundering scheme in history.
[01:51:05.720 --> 01:51:09.720]  They funneled drug money into mortgages,
[01:51:09.720 --> 01:51:13.720]  and then when the mortgages were paid back, the money was laundered.
[01:51:13.720 --> 01:51:17.720]  Well, they were competing with drug sales against the CIA,
[01:51:17.720 --> 01:51:22.720]  and the CIA didn't go for that, so they shut down Washington Mutual.
[01:51:22.720 --> 01:51:29.720]  My point is, Washington Mutual never, ever owned your note.
[01:51:29.720 --> 01:51:32.720]  It never was in their portfolio,
[01:51:32.720 --> 01:51:36.720]  so when Chase took over the assets of Washington Mutual,
[01:51:36.720 --> 01:51:41.720]  your note was not part of those assets.
[01:51:41.720 --> 01:51:45.720]  I understand they sold it anyhow to the Remix.
[01:51:45.720 --> 01:51:52.720]  Okay, the special purpose vehicle aggregated the notes into a Remix.
[01:51:52.720 --> 01:51:57.720]  They never did belong to Washington Mutual.
[01:51:57.720 --> 01:52:03.720]  So that's why Washington Mutual didn't file an assignment,
[01:52:03.720 --> 01:52:09.720]  because they didn't have the note. It wasn't an asset.
[01:52:09.720 --> 01:52:14.720]  So you don't know who owned your note to begin with.
[01:52:14.720 --> 01:52:17.720]  So that's the break right there.
[01:52:17.720 --> 01:52:24.720]  Yeah, the only one who has a valid claim is Washington Mutual.
[01:52:24.720 --> 01:52:27.720]  And if there is a purported...
[01:52:27.720 --> 01:52:29.720]  How about the Remix?
[01:52:29.720 --> 01:52:31.720]  The Remix has nothing to do with it.
[01:52:31.720 --> 01:52:37.720]  Don't get sidetracked on securitization. That's a rabbit hole.
[01:52:37.720 --> 01:52:39.720]  We don't care about that.
[01:52:39.720 --> 01:52:47.720]  What we care about is what does that county record show?
[01:52:47.720 --> 01:52:49.720]  They don't care what they did with it.
[01:52:49.720 --> 01:52:52.720]  If it doesn't show up in the county record,
[01:52:52.720 --> 01:52:56.720]  they can use their claim for toilet paper.
[01:52:56.720 --> 01:53:00.720]  The last thing the bank wants you to do is go to the county record.
[01:53:00.720 --> 01:53:04.720]  That's why they sent everybody chasing securitization
[01:53:04.720 --> 01:53:10.720]  and show me the note and merge and all these irrelevant issues.
[01:53:10.720 --> 01:53:13.720]  I don't care about it.
[01:53:13.720 --> 01:53:16.720]  I want to see...
[01:53:16.720 --> 01:53:20.720]  I don't care about the trust. Who cares?
[01:53:20.720 --> 01:53:25.720]  The trustee that's coming after you, claiming.
[01:53:25.720 --> 01:53:30.720]  That's all a rabbit hole. Go look in the public record.
[01:53:30.720 --> 01:53:39.720]  Who by the public record has standing to make a claim against your property?
[01:53:39.720 --> 01:53:45.720]  If it was Washington Mutual, they're the only ones that have standing.
[01:53:45.720 --> 01:53:50.720]  Chase claims standing, but there's no assignment to Chase.
[01:53:50.720 --> 01:53:54.720]  Chase claims they took over the assets of Washington Mutual.
[01:53:54.720 --> 01:54:03.720]  Well, now come back and prove that my mortgage was an asset of Washington Mutual when you took it over.
[01:54:03.720 --> 01:54:07.720]  But even after they admitted in the case...
[01:54:07.720 --> 01:54:18.720]  In my hometown, Chase versus Butler, clearly, they admitted it openly.
[01:54:18.720 --> 01:54:20.720]  Don't forget it.
[01:54:20.720 --> 01:54:23.720]  It don't make any difference what the law is.
[01:54:23.720 --> 01:54:26.720]  They're all criminals.
[01:54:26.720 --> 01:54:33.720]  The federal courts are bought and paid for by the banks.
[01:54:33.720 --> 01:54:43.720]  The best you can do is beat the heck out of the banks and get them to make you a deal.
[01:54:43.720 --> 01:54:45.720]  But from time to time...
[01:54:45.720 --> 01:54:47.720]  Okay, wait a minute. We can do this all night.
[01:54:47.720 --> 01:54:49.720]  I do have one more caller I'd like to get to.
[01:54:49.720 --> 01:54:51.720]  Okay, yeah. Go ahead. Do that.
[01:54:51.720 --> 01:54:54.720]  Okay. Thank you, Will.
[01:54:54.720 --> 01:54:58.720]  Okay, now we're going to Olivier in Tennessee.
[01:54:58.720 --> 01:55:00.720]  Hello, Olivier.
[01:55:00.720 --> 01:55:02.720]  Sorry we're so short on time.
[01:55:02.720 --> 01:55:04.720]  What do you have for us?
[01:55:04.720 --> 01:55:06.720]  That's all good.
[01:55:06.720 --> 01:55:15.720]  Checking up on liberty, personal liberty, and I found something that says right of entry.
[01:55:15.720 --> 01:55:19.720]  So that's a right that we have on the liberty or whatnot.
[01:55:19.720 --> 01:55:22.720]  Right of entry. That's kind of out of context.
[01:55:22.720 --> 01:55:25.720]  Entry to what?
[01:55:25.720 --> 01:55:28.720]  It's about a take.
[01:55:28.720 --> 01:55:36.720]  Well, how I've learned is that personal liberty is like the category,
[01:55:36.720 --> 01:55:41.720]  and then you have subcategories up on the need for personal liberty,
[01:55:41.720 --> 01:55:50.720]  like locomotion, right to a first refusal, right of local self-government,
[01:55:50.720 --> 01:55:58.720]  right of possession, right of privacy, right of property, right of publicity,
[01:55:58.720 --> 01:56:00.720]  right of redemption.
[01:56:00.720 --> 01:56:05.720]  So you've got a whole list of rights up on the need for personal liberty.
[01:56:05.720 --> 01:56:09.720]  And one of those rights is right of entry.
[01:56:09.720 --> 01:56:14.720]  Okay, I don't know what entry refers to.
[01:56:14.720 --> 01:56:24.720]  Entry, like you enter a home, you enter land, you enter a museum.
[01:56:24.720 --> 01:56:26.720]  You probably need to look at that.
[01:56:26.720 --> 01:56:32.720]  It probably is a term of art that has a special meaning in this context.
[01:56:32.720 --> 01:56:36.720]  It has a definition to it. I was trying to read it to you.
[01:56:36.720 --> 01:56:39.720]  Okay.
[01:56:39.720 --> 01:56:51.720]  Is it the right of taking or resuming possession of land by entering on it
[01:56:51.720 --> 01:57:00.720]  in a peaceable manner?
[01:57:00.720 --> 01:57:03.720]  Okay.
[01:57:03.720 --> 01:57:18.720]  So now, I've been hearing a lot of what you're saying about,
[01:57:18.720 --> 01:57:24.720]  if you follow the paperwork, that some of these banks or people can't own land
[01:57:24.720 --> 01:57:26.720]  and they can't do this.
[01:57:26.720 --> 01:57:31.720]  Well, if you're able to calculate that and support that by law,
[01:57:31.720 --> 01:57:33.720]  and they don't have the right to do that,
[01:57:33.720 --> 01:57:36.720]  and they don't have the right to own those lands or whatever,
[01:57:36.720 --> 01:57:42.720]  well, we have the right to entry as long as it's in a peaceable manner.
[01:57:42.720 --> 01:57:47.720]  I'm trying to find some case law on it now, but I guess it varies.
[01:57:47.720 --> 01:57:52.720]  It's kind of hard. I'm still looking on it, but it seems interesting.
[01:57:52.720 --> 01:57:55.720]  That is interesting.
[01:57:55.720 --> 01:57:57.720]  Bring that back to us next Thursday.
[01:57:57.720 --> 01:57:59.720]  We're about to run out of time here tonight,
[01:57:59.720 --> 01:58:03.720]  but I'd like to know more about that.
[01:58:03.720 --> 01:58:04.720]  All right.
[01:58:04.720 --> 01:58:06.720]  It's unclear to me now.
[01:58:06.720 --> 01:58:09.720]  If there's a right of taking, when you take something,
[01:58:09.720 --> 01:58:13.720]  you know, the government has the right to take it,
[01:58:13.720 --> 01:58:17.720]  and it's protected, but if it's giving you the right,
[01:58:17.720 --> 01:58:19.720]  as long as you do it in a peaceable manner.
[01:58:19.720 --> 01:58:22.720]  Well, there's some contingency to that.
[01:58:22.720 --> 01:58:25.720]  You don't have the right to enter into my property,
[01:58:25.720 --> 01:58:30.720]  or how does the right to enter develop, but we're out of time right now.
[01:58:30.720 --> 01:58:32.720]  We've got about 10 to 15 seconds.
[01:58:32.720 --> 01:58:36.720]  This is Randy Kelton, the director of our radio.
[01:58:36.720 --> 01:58:37.720]  Thank you all for listening.
[01:58:37.720 --> 01:58:39.720]  We'll be back next week on Thursday.
[01:58:39.720 --> 01:58:43.720]  Make sure you listen to Eddie on Monday night with his traffic show.
[01:58:43.720 --> 01:58:45.720]  We'll be back Thursday and Friday.
[01:58:45.720 --> 01:58:55.720]  Thank you all for listening and good night.
[01:59:15.720 --> 01:59:18.720]  We'll be right back.
[01:59:45.720 --> 01:59:55.720]  We'll be right back.