ROL_2017-02-17_16k_Hr3-4.timecode

[00:00.000 --> 00:05.440]  The following news flash is brought to you by the Lone Star Lowdown.
[00:05.440 --> 00:11.440]  Markets for Wednesday the 15th of February 2017 are currently trading with gold at $1,231.18
[00:11.440 --> 00:19.160]  an ounce, silver $17.95 an ounce, Texas crude $53.20 a barrel, and Bitcoin is sitting at
[00:19.160 --> 00:22.120]  about $1,012 U.S. currency.
[00:22.120 --> 00:29.120]  Today in history, the year 2003, protests against the Iraq War took place in over 600
[00:29.120 --> 00:30.120]  cities worldwide.
[00:30.120 --> 00:34.680]  It is estimated that anywhere between 8 to 30 million people participated, making it
[00:34.680 --> 00:40.480]  the largest peace demonstration ever today in history.
[00:40.480 --> 00:44.880]  In recent news, a day after his resignation, the White House stated Tuesday that President
[00:44.880 --> 00:49.720]  Trump forced Michael Flynn to resign as national security adviser because he broke trust, not
[00:49.720 --> 00:50.720]  laws.
[00:50.720 --> 00:54.500]  This is in light of the controversy that Mr. Flynn had misled the vice president and other
[00:54.500 --> 00:59.960]  administration officials about his phone conversation with Russian Ambassador Sergey Kislyak about
[00:59.960 --> 01:02.040]  U.S. sanctions against Moscow.
[01:02.040 --> 01:05.680]  White House Press Secretary Sean Spicer stated that, quote, the president got to the point
[01:05.680 --> 01:09.960]  where General Flynn's relationship, misleading the vice president and others, or the possibility
[01:09.960 --> 01:13.840]  that he had forgotten critical details of this important conversation, had created a
[01:13.840 --> 01:16.880]  critical mass in an unsustainable situation.
[01:16.880 --> 01:22.560]  That's why the president decided to ask for his resignation, and he got it.
[01:22.560 --> 01:26.880]  Governor Jerry Brown, in regards to the tallest dam in America, stated on Monday that, quote,
[01:26.880 --> 01:29.800]  things can fail, whether it's levees or dams or bridges.
[01:29.800 --> 01:33.640]  We're doing everything we can to get this dam in shape so evacuees can return and live
[01:33.640 --> 01:35.360]  safely without fear.
[01:35.360 --> 01:38.520]  He also stated that he spoke with a member of President Donald Trump's cabinet to request
[01:38.520 --> 01:40.200]  federal response aid.
[01:40.200 --> 01:44.880]  The Oroville Dam provides flood control for the Oroville region in California.
[01:44.880 --> 01:48.400]  The dam has two spillways to release water out of the lake to prevent overflow.
[01:48.400 --> 01:50.520]  However, both are having problems.
[01:50.520 --> 01:54.680]  The emergency spillway was then used for the first time in its history on Saturday when
[01:54.680 --> 01:57.800]  the lake topped 901 feet at its full capacity.
[01:57.800 --> 02:02.000]  Crews have been working since Monday to restore water levels and to repair dam controls before
[02:02.000 --> 02:04.880]  more rainfall, which is expected for the next few days.
[02:04.880 --> 02:08.680]  Luckily, California water officials say that they're making great progress on the repairs
[02:08.680 --> 02:10.320]  to the damaged spillways.
[02:10.320 --> 02:15.320]  This potential catastrophe led to the Butte County Sheriff, Corey Hone, to tell nearly
[02:15.320 --> 02:19.760]  200,000 residents to use the time this week to prepare for another evacuation following
[02:19.760 --> 02:24.720]  a chaotic first one, if needed, though the order to leave was lifted Tuesday.
[02:24.720 --> 02:29.720]  Unfortunately, a number of homes in the evacuation zone below the dam's damaged spillways have
[02:29.720 --> 02:32.560]  been burglarized and arrests have been made.
[02:32.560 --> 02:36.560]  A football field-sized hole was detected in the main spillway, which obviously can't be
[02:36.560 --> 02:41.240]  fixed immediately, but spurred questions as to why more had not been done to prevent spillway
[02:41.240 --> 02:45.080]  erosion after concerns were raised more than 10 years ago.
[02:45.080 --> 02:49.460]  California Department of Water Resources Acting Director Bill Croyley denies being familiar
[02:49.460 --> 02:51.460]  with this 12-year concern.
[03:20.460 --> 03:22.460]  Okay, we are back.
[03:22.460 --> 03:25.460]  Brandon Kelton, Blue Blow Radio.
[03:25.460 --> 03:30.460]  And we're talking to James in Texas.
[03:30.460 --> 03:34.460]  Okay, uh...
[03:34.460 --> 03:41.460]  Before we were talking about, uh...
[03:41.460 --> 03:43.460]  Where were we at, James?
[03:43.460 --> 03:49.460]  I think we were talking about 51.9.
[03:49.460 --> 03:53.460]  And how we can undermine it.
[03:53.460 --> 03:54.460]  Yeah.
[03:54.460 --> 03:57.460]  Oh, we were talking about power of attorney.
[03:57.460 --> 04:05.460]  And I filed one where I challenged a document that was filed in the record.
[04:05.460 --> 04:15.460]  One of the issues was, since it was filed in 2015, that in 2014, the law changed.
[04:15.460 --> 04:24.460]  And now a filer is required to have evidence of durable power of attorney filed in the
[04:24.460 --> 04:29.460]  record before he can file a document affecting title.
[04:29.460 --> 04:34.460]  And I'm hoping to get a ruling on that issue.
[04:34.460 --> 04:39.460]  The Doable Power of Attorneys Act, whether it's been in the estate code or the probate
[04:39.460 --> 04:44.460]  code, it's been there since the mid-80s.
[04:44.460 --> 04:48.460]  I think since 1985.
[04:48.460 --> 04:56.460]  And an agent, if you're going to be an agent, you better have a power of attorney if you're
[04:56.460 --> 05:01.460]  going to be an AIF, an attorney in fact.
[05:01.460 --> 05:08.460]  In the past, I have argued that although the Doable Power of Attorneys Act was in the
[05:08.460 --> 05:17.460]  probate code, the only way it could be read to have substance is that anyone filing a
[05:17.460 --> 05:24.460]  document affecting title would have to file durable power of attorney evidence prior to
[05:24.460 --> 05:25.460]  filing.
[05:25.460 --> 05:34.460]  Otherwise, once the owner of the property died and the property went into probate, it's
[05:34.460 --> 05:35.460]  too late.
[05:35.460 --> 05:41.460]  So saying that it only applies to probate would give it no force and effect.
[05:41.460 --> 05:47.460]  You would have to rule that it applies to any property that may go into probate.
[05:47.460 --> 05:50.460]  Does that make sense?
[05:50.460 --> 05:55.460]  And I would put it in the estate code.
[05:55.460 --> 05:59.460]  What gets me is why didn't they even put it in the property code?
[05:59.460 --> 06:04.460]  Except property code, they're not telling you whether they're dealing with personal
[06:04.460 --> 06:05.460]  property or real property.
[06:05.460 --> 06:08.460]  There is a big difference.
[06:08.460 --> 06:09.460]  Absolutely.
[06:09.460 --> 06:15.460]  And the county recorder's office only deals, for the most part, with real property.
[06:15.460 --> 06:20.460]  It doesn't necessarily mean financing statement, but for the most part, it deals with real
[06:20.460 --> 06:21.460]  property.
[06:21.460 --> 06:31.460]  And the secretary of state deals with personal property in the UCC filings.
[06:31.460 --> 06:39.460]  And since personal property and real property are both a part of a person's estate, then
[06:39.460 --> 06:46.460]  the estate code is a reasonable place to move it to.
[06:46.460 --> 06:47.460]  I would agree.
[06:47.460 --> 06:50.460]  You mentioned that a judge said it only applied to estates.
[06:50.460 --> 06:53.460]  How did he rule in that case?
[06:53.460 --> 06:54.460]  I don't know.
[06:54.460 --> 06:59.460]  I kind of heard it through the grapevine that that's what it is.
[06:59.460 --> 07:01.460]  I haven't even read it precisely.
[07:01.460 --> 07:10.460]  I don't know that it came up that a federal judge ruled that 751, being in the estate
[07:10.460 --> 07:13.460]  code, is only affected in the estate.
[07:13.460 --> 07:14.460]  Well...
[07:14.460 --> 07:17.460]  That's what I want to see.
[07:17.460 --> 07:20.460]  Well, what does that mean?
[07:20.460 --> 07:24.460]  Yeah, so if we had the case, we could probably focus in on that.
[07:24.460 --> 07:27.460]  I have a case I just finally got a hold of.
[07:27.460 --> 07:34.460]  I was looking for the case that said that you don't have a right to an examining trial
[07:34.460 --> 07:36.460]  in a misdemeanor case.
[07:36.460 --> 07:39.460]  And that's not what the law says.
[07:39.460 --> 07:42.460]  And that's not what the case law says.
[07:42.460 --> 07:48.460]  And this one implies that you don't have...
[07:48.460 --> 07:53.460]  It doesn't say that you can't have one.
[07:53.460 --> 08:03.460]  It says that they could not read that the 1925 penal code required one.
[08:03.460 --> 08:06.460]  Well, that's horse manure.
[08:06.460 --> 08:11.460]  Because it absolutely does require it in several places.
[08:11.460 --> 08:14.460]  And I'm going to try to get that one overturned.
[08:14.460 --> 08:22.460]  And even if it didn't, Gerstein Puse, this Clark case was a 1965 case.
[08:22.460 --> 08:26.460]  And Gerstein Puse, a 1982 case.
[08:26.460 --> 08:31.460]  And Gerstein Puse is federal and under federal due process rights,
[08:31.460 --> 08:38.460]  you have an absolute right to an examining trial if you are arrested, period.
[08:38.460 --> 08:44.460]  So one of the things I'm going to be taking on these local prosecutors for,
[08:44.460 --> 08:47.460]  I just talked to a prosecutor about that and he said,
[08:47.460 --> 08:49.460]  oh, well, you don't have a right to an examining trial.
[08:49.460 --> 08:53.460]  This is a traffic case in a misdemeanor.
[08:53.460 --> 08:58.460]  And I asked him, where did you get that?
[08:58.460 --> 09:01.460]  Did you just make that up?
[09:01.460 --> 09:04.460]  He had no idea where it was at.
[09:04.460 --> 09:06.460]  He just stood there looking at me.
[09:06.460 --> 09:07.460]  This was in Southlake.
[09:07.460 --> 09:09.460]  I think if he thought he could have got away with it,
[09:09.460 --> 09:11.460]  he'd have had the bailiff shoot me at that point.
[09:11.460 --> 09:18.460]  But anymore they tell me the stuff, I want to see the code.
[09:18.460 --> 09:22.460]  Now, once I finally found it, it is a garbage opinion.
[09:22.460 --> 09:31.460]  It's a page and a half and only one paragraph about examining trials.
[09:31.460 --> 09:32.460]  Anyway, I'll get that fixed.
[09:32.460 --> 09:33.460]  Okay.
[09:33.460 --> 09:35.460]  Do we have anything else, James?
[09:35.460 --> 09:39.460]  No, I'm going to let you move on to other callers and I'll call you later.
[09:39.460 --> 09:40.460]  Okay.
[09:40.460 --> 09:43.460]  Don't be a stranger.
[09:43.460 --> 09:44.460]  Okay.
[09:44.460 --> 09:45.460]  Thank you, James.
[09:45.460 --> 09:48.460]  Now we're going to go to Olivier in Tennessee.
[09:48.460 --> 09:51.460]  Hello, Olivier.
[09:51.460 --> 09:52.460]  Hello.
[09:52.460 --> 09:56.460]  What do you have for us today?
[09:56.460 --> 10:04.460]  I think last time I talked to you, I was telling you about the decision,
[10:04.460 --> 10:13.460]  this article I found on Southlake Street about the appeal court judges
[10:13.460 --> 10:18.460]  overturned the four cases in 35 days.
[10:18.460 --> 10:29.460]  And it made me deal about it, about how they got overturned for prosecutorial errors,
[10:29.460 --> 10:35.460]  a lot of errors that occurred during trial.
[10:35.460 --> 10:40.460]  And then it's the neighboring county to the county that I'm at.
[10:40.460 --> 10:46.460]  And it's the same appeals court that I'm appealing to right now.
[10:46.460 --> 10:58.460]  And they overturned the charges, some things without the defendant raising the issues.
[10:58.460 --> 11:07.460]  It seemed like they raised the issue themselves, then for prosecutors.
[11:07.460 --> 11:12.460]  Okay. And as I understand the issues you're referring to
[11:12.460 --> 11:18.460]  are the very issues that you were bringing in your case.
[11:18.460 --> 11:20.460]  Right.
[11:20.460 --> 11:26.460]  And you have the same appeals court for your case
[11:26.460 --> 11:32.460]  that's ruling these other cases on these same issues.
[11:32.460 --> 11:39.460]  So looks like you're getting into a pretty good position.
[11:39.460 --> 11:45.460]  Right. And this was in 2016 ruling.
[11:45.460 --> 11:49.460]  It's very current, very relevant.
[11:49.460 --> 11:51.460]  Uh-huh.
[11:51.460 --> 11:55.460]  So have you, okay, it'll be interesting to see what happens
[11:55.460 --> 12:04.460]  when you put these, this case law into one of your pleadings.
[12:04.460 --> 12:05.460]  Uh-huh.
[12:05.460 --> 12:09.460]  And the other side has to look at it.
[12:09.460 --> 12:12.460]  It'd be interesting to see if they come to the table.
[12:12.460 --> 12:18.460]  The issues in which you're bringing this, are any of those the civil cases?
[12:18.460 --> 12:24.460]  No, these are criminal, all these are criminal cases.
[12:24.460 --> 12:34.460]  Okay, do any of these criminal cases have civil cases already behind them?
[12:34.460 --> 12:48.460]  What I'm getting at, does the county or the city have a way to negotiate a deal with you?
[12:48.460 --> 12:50.460]  No, it's a criminal suit.
[12:50.460 --> 12:56.460]  One of them was for murder, the other one was for child neglect,
[12:56.460 --> 13:03.460]  and another one was for, I think another one was for another murder,
[13:03.460 --> 13:09.460]  and another one was for like I think statutory rape or something like that.
[13:09.460 --> 13:11.460]  No, that wasn't where I was going.
[13:11.460 --> 13:16.460]  I was going to the politics of your cases.
[13:16.460 --> 13:21.460]  Once you cite these cases and they will have the appearance
[13:21.460 --> 13:25.460]  of very directly supporting your position,
[13:25.460 --> 13:31.460]  do you have a civil action associated with any of these cases
[13:31.460 --> 13:39.460]  where the city or the county can come to you and offer a settlement deal?
[13:39.460 --> 13:47.460]  After you, oh like after the case is dismissed?
[13:47.460 --> 13:56.460]  No, if you have a civil action and these criminal actions,
[13:56.460 --> 14:01.460]  and it looks like you're going to get these criminal actions overturned,
[14:01.460 --> 14:06.460]  which if there's a lawyer down there with half a brain,
[14:06.460 --> 14:11.460]  he's going to be saying if this guy gets these cases overturned,
[14:11.460 --> 14:16.460]  he is absolutely going to sue the crap out of us.
[14:16.460 --> 14:18.460]  That's not something that's a question.
[14:18.460 --> 14:21.460]  That's a given because of what you've already done.
[14:21.460 --> 14:27.460]  So you already have cases where they can come to you and say,
[14:27.460 --> 14:37.460]  okay, we can offer you a deal in this case if you agree not to sue in the other case.
[14:37.460 --> 14:41.460]  The one that appears is though you're going to get overturned.
[14:41.460 --> 14:43.460]  No, I didn't say anything about that.
[14:43.460 --> 14:52.460]  It just related information about defendant getting charged for a crime
[14:52.460 --> 14:55.460]  and ran through judicial system.
[14:55.460 --> 14:59.460]  Okay, no, no, I'm not talking about what's in these other cases.
[14:59.460 --> 15:06.460]  It looks like you have cases that will give you a lot of leverage.
[15:06.460 --> 15:10.460]  Olivier, do you play poker?
[15:10.460 --> 15:12.460]  Yeah.
[15:12.460 --> 15:14.460]  This is poker.
[15:14.460 --> 15:21.460]  You've got a good hand, but you don't know what kind of hand they've got,
[15:21.460 --> 15:26.460]  so we haven't got to the point of one calling the other.
[15:26.460 --> 15:31.460]  I don't want to negotiate nothing.
[15:31.460 --> 15:35.460]  I want to get them fired because the thing is full property.
[15:35.460 --> 15:41.460]  Okay, I thought you were trying to get paid so you'd be able to support what you're doing.
[15:41.460 --> 15:42.460]  No, I'm going to get paid.
[15:42.460 --> 15:48.460]  No, these are 10 cases that I currently have in court right now,
[15:48.460 --> 15:52.460]  not cases that have not been dismissed already.
[15:52.460 --> 16:00.460]  I'm telling you that I found other cases where they threw out because of prosecutorial error.
[16:00.460 --> 16:04.460]  Okay, and you have appealed those?
[16:04.460 --> 16:05.460]  Not from me.
[16:05.460 --> 16:08.460]  These are cases that I found that I've been researching.
[16:08.460 --> 16:10.460]  Okay, yeah, I understand that part.
[16:10.460 --> 16:18.460]  You found cases that support your position in this case
[16:18.460 --> 16:25.460]  because the exact same issues you're bringing the courts already recently ruled on.
[16:25.460 --> 16:29.460]  That brings up screws.
[16:29.460 --> 16:33.460]  Have you read screws lately?
[16:33.460 --> 16:36.460]  Screws VUS.
[16:36.460 --> 16:40.460]  Your music is fine.
[16:40.460 --> 16:48.460]  Okay, as soon as you get off this call, look up screws VUS and go to page 109.
[16:48.460 --> 16:56.460]  The screws is 363 U.S. 90 something.
[16:56.460 --> 17:00.460]  Page 109 is where they get into this.
[17:00.460 --> 17:01.460]  Dang, Cookie.
[17:01.460 --> 17:02.460]  Cookie?
[17:02.460 --> 17:03.460]  Me love cookies.
[17:03.460 --> 17:04.460]  Oh, hi, Cookie Muncher.
[17:04.460 --> 17:06.460]  No, these are yucky cookies.
[17:06.460 --> 17:07.460]  Cookies?
[17:07.460 --> 17:08.460]  Yucky?
[17:08.460 --> 17:09.460]  No, no bad cookies.
[17:09.460 --> 17:10.460]  You can't even eat these cookies.
[17:10.460 --> 17:12.460]  These are cyber cookies.
[17:12.460 --> 17:13.460]  No, can't eat?
[17:13.460 --> 17:16.460]  No, they are cyber cookies and they clog up your computer.
[17:16.460 --> 17:17.460]  These have apples.
[17:17.460 --> 17:18.460]  Really?
[17:18.460 --> 17:20.460]  Oh, that's an actual apple.
[17:20.460 --> 17:23.460]  Yummy apple.
[17:23.460 --> 17:26.460]  I'm going to throw away these yucky cookies in the trash.
[17:26.460 --> 17:32.460]  I click control, shift, delete, and then scroll down to cookies and clear them.
[17:32.460 --> 17:34.460]  Bye-bye, yucky cookies.
[17:34.460 --> 17:40.460]  Now, I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand side,
[17:40.460 --> 17:46.460]  bookmark the link, and I can go to Amazon through this link and order you some yummy new cookies.
[17:46.460 --> 17:47.460]  New cookies?
[17:47.460 --> 17:48.460]  For me?
[17:48.460 --> 17:50.460]  Consider it an early Christmas present.
[17:50.460 --> 17:56.460]  And every time I order on Amazon, I go through this link and I give a little present to this radio network, too.
[17:56.460 --> 17:57.460]  These are cookies.
[17:57.460 --> 17:59.460]  These are classified.
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[19:08.460 --> 19:17.460]  Well, don't let nothing get to you. Only the Father can deliver you.
[19:17.460 --> 19:23.460]  Don't let bad-minded people hurt you until Satan gets behind you.
[19:23.460 --> 19:28.460]  Norman, my friend, and all of your children.
[19:28.460 --> 19:38.460]  Trust him, God, my friend. Tell him you're proud of them then. Calling his name once again.
[19:38.460 --> 19:46.460]  Every one of you will stay in. Trust him, God, my friend. Tell him you're proud of them then.
[19:46.460 --> 19:54.460]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Olivier in Tennessee.
[19:54.460 --> 20:01.460]  And, Olivier, I was just, I was going to the fact that since you found this good case law,
[20:01.460 --> 20:08.460]  it might give you the leverage you need to get them to come to the table and make a deal with you.
[20:08.460 --> 20:14.460]  Put some money in your hand before you get a ruling on these,
[20:14.460 --> 20:26.460]  and then file more civil suits against them that will wind up absolutely dead bang.
[20:26.460 --> 20:30.460]  In the end, it's all politics.
[20:30.460 --> 20:35.460]  And if you've got some good, strong case law...
[20:35.460 --> 20:41.460]  I hear you, but it doesn't make sense because these prosecutors knew that they were making errors,
[20:41.460 --> 20:46.460]  and that's what got them caught up in fires. So, giving them something to read,
[20:46.460 --> 20:54.460]  which everything is literature anyways, doesn't seem like it's going to be effective.
[20:54.460 --> 20:59.460]  Okay, then go back and read screws carefully.
[20:59.460 --> 21:03.460]  I should have pulled it up. I was talking to Deborah on the break, so I didn't get it pulled up.
[21:03.460 --> 21:18.460]  But it says if someone acts in a way that is in opposition to court rulings that we have made,
[21:18.460 --> 21:24.460]  and then they deny due process in the only way...
[21:24.460 --> 21:33.460]  Oh, forget it. It's real definitive in the most fundamental way that due process is intended.
[21:33.460 --> 21:38.460]  And that if a public official violates a ruling in this court and he be saying,
[21:38.460 --> 21:42.460]  I'll look it up so I can read it to you, it's really definitive.
[21:42.460 --> 21:50.460]  So, you've got case law that says these guys absolutely knew better,
[21:50.460 --> 21:56.460]  and they cannot claim they didn't do no better.
[21:56.460 --> 22:02.460]  And if you bring in... screws would be a great one to bring in
[22:02.460 --> 22:08.460]  because it's real definitive in accusing the public officials.
[22:08.460 --> 22:14.460]  And you've got prosecutors who have already been hammered.
[22:14.460 --> 22:20.460]  You've got a local prosecutor who may see a light at the end of the tunnel,
[22:20.460 --> 22:29.460]  but he has to be beginning to realize that that light is a freight train coming at him.
[22:29.460 --> 22:39.460]  So, it might be a good time on the civil cases you've got to move for mediation.
[22:39.460 --> 22:42.460]  Ask the court to order mediation.
[22:42.460 --> 22:45.460]  They may want to come and talk to you and make a deal,
[22:45.460 --> 22:51.460]  but they're not going to take the first step.
[22:51.460 --> 22:55.460]  Whoever blinks first loses.
[22:55.460 --> 22:57.460]  So, they're not going to take the first step.
[22:57.460 --> 23:01.460]  But if you go to the court and ask the court to order mediation,
[23:01.460 --> 23:05.460]  now they can sit down and talk to you and not lose face.
[23:05.460 --> 23:13.460]  I'm all right with that. I'm okay with that. Everything is starting to pick up and get back together in mediation.
[23:13.460 --> 23:17.460]  I want to go through the processes. I'm seeing that going through the process.
[23:17.460 --> 23:23.460]  I'm picking up a lot of estimations and a lot of things that I'm probably going to be needing in the future.
[23:23.460 --> 23:27.460]  So, I'm going to negate mediation. I don't want to mediate nothing.
[23:27.460 --> 23:31.460]  Okay. I thought you were trying to get one done so it has some dollar flow,
[23:31.460 --> 23:33.460]  and that's why I was going to that issue.
[23:33.460 --> 23:40.460]  I was right there at first, but my family and community and people got together
[23:40.460 --> 23:42.460]  and things were starting to pick up from now.
[23:42.460 --> 23:48.460]  I was like, okay, now I want to make them pay. I want to make them suffer as much.
[23:48.460 --> 23:50.460]  I don't care if they want to settle. No.
[23:50.460 --> 23:56.460]  I want to go through the rulings. I want to see a jury. I want to see all that.
[23:56.460 --> 24:00.460]  You're going to be bad news.
[24:00.460 --> 24:07.460]  I want to know that some people are not here to play and to take money.
[24:07.460 --> 24:14.460]  And you'll probably find a lot of people that will pay you to help them too.
[24:14.460 --> 24:15.460]  Right.
[24:15.460 --> 24:22.460]  It helps pay the bills and keep things going and gives you opportunity to prepare documents
[24:22.460 --> 24:27.460]  for issues that you normally wouldn't run into.
[24:27.460 --> 24:34.460]  A lot of what I know, I worked out developing cases for other people.
[24:34.460 --> 24:41.460]  Well, vast majority of it. I've never been foreclosed on. My house is paid for.
[24:41.460 --> 24:45.460]  I haven't had these issues, but I've sure worked them.
[24:45.460 --> 24:59.460]  I didn't want to show them or give them information because they're bold.
[24:59.460 --> 25:06.460]  When you come in there smiling, they're ready to do anything and everything.
[25:06.460 --> 25:15.460]  So I want them to continue doing that because they've already found me guilty of evading arrest
[25:15.460 --> 25:18.460]  without having committed a crime.
[25:18.460 --> 25:26.460]  And then there were several violations within the trial that fell within their prosecutor error,
[25:26.460 --> 25:29.460]  which got those prosecutors removed.
[25:29.460 --> 25:39.460]  So now I've got 10 cases of driving on suspended license, which the officers perjured the information to arrest me.
[25:39.460 --> 25:46.460]  So every step of the way, you're running over that prosecutor error.
[25:46.460 --> 25:52.460]  So I'm going to lay back and kick back because I want a document with my name on it.
[25:52.460 --> 25:55.460]  I want it to go to the appeals court so they can rule on it.
[25:55.460 --> 26:02.460]  And now we have a clear understanding that locomotion is something that exists and it's not.
[26:02.460 --> 26:05.460]  It's something that we just made up.
[26:05.460 --> 26:09.460]  Good for you.
[26:09.460 --> 26:16.460]  It makes no difference how difficult this gets, how much trouble it costs you.
[26:16.460 --> 26:23.460]  At one point down the road, you're going to look back at your life and say,
[26:23.460 --> 26:27.460]  do I leave the planet better for having been here?
[26:27.460 --> 26:34.460]  What have I done that was the right thing for the right reason?
[26:34.460 --> 26:36.460]  That's why I do this show.
[26:36.460 --> 26:42.460]  Whatever else happens, no matter what kind of scoundrel I may turn out to be,
[26:42.460 --> 26:49.460]  I get to look back and say there was one time that I really did the right thing for the right reason.
[26:49.460 --> 26:56.460]  And it really helps to kind of settle out your life.
[26:56.460 --> 27:01.460]  So I'm really pleased for you and I'm going to do everything I can to help you.
[27:01.460 --> 27:07.460]  I have been spending a lot of time trying to get my technology together
[27:07.460 --> 27:12.460]  to where we can start building a set of templates.
[27:12.460 --> 27:15.460]  Like in your case, you're filing all of these cases.
[27:15.460 --> 27:25.460]  Well, probably 60% of what you're putting together, you have to do in every case.
[27:25.460 --> 27:33.460]  You've got the headings, you've got the court numbers, the case numbers,
[27:33.460 --> 27:38.460]  all of these little details that are such a pain in the neck.
[27:38.460 --> 27:43.460]  And if you miss one of them, it's a real problem.
[27:43.460 --> 27:50.460]  So I'm working up a tool to where every time you need a piece of information that you already have,
[27:50.460 --> 27:55.460]  you can go get it and link it to this spot.
[27:55.460 --> 28:00.460]  And I'll build a set of templates.
[28:00.460 --> 28:04.460]  So you fill in this input document.
[28:04.460 --> 28:06.460]  I have one of those.
[28:06.460 --> 28:14.460]  I made with Microsoft Word, but Microsoft Word really sucks in far as mail merge
[28:14.460 --> 28:20.460]  because if you move any of the documents, all of the links get messed up and it doesn't work.
[28:20.460 --> 28:25.460]  I have a set of documents with 400 links in it.
[28:25.460 --> 28:31.460]  I have a spreadsheet that I fill in, I think, 15 different fields.
[28:31.460 --> 28:40.460]  Then I open this document and it merges in 393 fields.
[28:40.460 --> 28:48.460]  And it gets every one of them exactly right, exactly the right place every time,
[28:48.460 --> 28:54.460]  except when it screws up all of them, I have to go redo the whole thing again.
[28:54.460 --> 29:02.460]  So now I'm working a different technology where you can do something very similar.
[29:02.460 --> 29:08.460]  And it will make these documents a lot more consistent, a lot easier to produce.
[29:08.460 --> 29:13.460]  And if we get our questions right, you can take someone else who's been arrested
[29:13.460 --> 29:20.460]  and have them fill out this questionnaire and boom, start spitting out their documents.
[29:20.460 --> 29:28.460]  This has been a, I guess about 10 years I've been working on this, figuring out how to do it.
[29:28.460 --> 29:35.460]  Now I'm finally getting down to some technologies where I can actually begin to build it.
[29:35.460 --> 29:37.460]  It's an engineering project.
[29:37.460 --> 29:39.460]  Hang on, about to go to break.
[29:39.460 --> 29:46.460]  Randy Kelson, Radio, calling number 512-646-1984.
[29:46.460 --> 29:51.460]  This is a bottom of the break, bottom of the hour, it's a little longer, it's a good time to go
[29:51.460 --> 29:54.460]  and check out our fundraiser.
[29:54.460 --> 30:01.460]  And you might look at my e-book, I've got it on there for sale, we'll be right back.
[30:01.460 --> 30:05.460]  Let's get physical, physical.
[30:05.460 --> 30:10.460]  Hey, if you exercise even a tenth as much as you should, you can extend your life by years.
[30:10.460 --> 30:15.460]  I'm Dr. Catherine Albrecht and I'll hike right back with the good news in just a moment.
[30:15.460 --> 30:17.460]  Privacy is under attack.
[30:17.460 --> 30:21.460]  When you give up data about yourself, you'll never get it back again.
[30:21.460 --> 30:26.460]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.460 --> 30:31.460]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:31.460 --> 30:33.460]  Privacy, it's worth hanging on to.
[30:33.460 --> 30:37.460]  This public service announcement is brought to you by Startpage.com,
[30:37.460 --> 30:41.460]  the private search engine alternative to Google, Yahoo and Bing.
[30:41.460 --> 30:45.460]  Start over with Startpage.
[30:45.460 --> 30:46.460]  Exercise.
[30:46.460 --> 30:49.460]  We all know we need it, but we don't always take the time to do it.
[30:49.460 --> 30:56.460]  Now new evidence says just 15 measly minutes of physical activity a day can extend your life a lot.
[30:56.460 --> 31:02.460]  Researchers in Taiwan found that an hour and a half of exercise a week extended people's lives by three whole years.
[31:02.460 --> 31:04.460]  That's just 13 minutes a day.
[31:04.460 --> 31:13.460]  The study found that small amounts of daily exercise made people 10% less likely to die of cancer and 14% less likely to die for any reason.
[31:13.460 --> 31:19.460]  So come on couch potatoes, dig out those Olivia Newton John CDs and let me hear your body talk.
[31:19.460 --> 31:30.460]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[32:01.460 --> 32:05.460]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:05.460 --> 32:12.460]  In today's America we live in an us against them society and if we the people are ever going to have a free society then we're going to have to stand and defend our own rights.
[32:12.460 --> 32:19.460]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity and most importantly the right to due process of law.
[32:19.460 --> 32:25.460]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[32:50.460 --> 33:00.460]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com. Order your copy today and together we can have the free society we all want and deserve.
[33:20.460 --> 33:34.460]  Okay, we are back, Randy Kelton, Rule of Law Radio and we're talking to Olivier in Tennessee.
[33:34.460 --> 33:40.460]  Okay, I keep interrupting you.
[33:40.460 --> 33:51.460]  Let me shut up and kind of explain what you're trying to accomplish and how you plan on going about it.
[33:51.460 --> 33:58.460]  Okay.
[33:58.460 --> 34:01.460]  Are you asking to reiterate?
[34:01.460 --> 34:10.460]  Let me explain where I'm going. It's just my position that if you don't know where you're going, it's a good chance you're going to wind up somewhere else.
[34:10.460 --> 34:20.460]  I have, since I started doing this legal reform issue, these legal reform issues, I have had this goal.
[34:20.460 --> 34:33.460]  It is my stated intent to place every judge in the country in a position such that when they step up behind the bench, look out across the bar at the gallery, I want them wondering, which one?
[34:33.460 --> 34:41.460]  Which one of those scoundrels sitting out there are waiting for me to render a ruling so they can run down trying to get me indicted?
[34:41.460 --> 34:56.460]  I get the judges feeling that way. They'll get everybody else feeling that way. That's my purpose. Everything I do filters through that mentally held intent.
[34:56.460 --> 35:06.460]  At the end of the day, Olivier, where do you want to be? What do you want to accomplish?
[35:06.460 --> 35:19.460]  I want to demolish the bridge that they have to intervene in our rights, to seize us in our rights.
[35:19.460 --> 35:41.460]  I figure that the driver's license is the best tool to use to show the world or people how the government is using their watchful eyes to intrude in everything that we do.
[35:41.460 --> 35:52.460]  I'm thinking that the driver's license is the most easiest because people deal with it every day. They understand it on a conceptual level.
[35:52.460 --> 35:58.460]  Okay. When you have achieved your outcome, how will you know?
[35:58.460 --> 36:20.460]  I would know by when more people are aware about it. I would know when legislators in the courts are not telling people that they need a driver's license when they're not on hire.
[36:20.460 --> 36:38.460]  This is kind of the point I was going to. When I put together this statement of intent, it has served me extremely well. You're at a point that you need that.
[36:38.460 --> 36:53.460]  I had a bailiff once drag me down the stairs, shove me out the door, and as I stepped out the door, he actually didn't shove me out. I stepped out the door and he gave me just a little push because he was annoyed at me.
[36:53.460 --> 37:09.460]  I have a way of creating that. My foot hit a carpet there that they had put down to clean your feet on because it was in the winter. That carpet went out from under me. I fell down backwards and landed on my elbow on a granite step.
[37:09.460 --> 37:24.460]  It crushed the point of my elbow through my shirt and through my suit coat. It made a hole all the way through all of them. That's how hard I landed on it.
[37:24.460 --> 37:39.460]  I looked at that and said, what the bailiff did. First thing, he pushed me out the door to keep me from getting to a grand jury with criminal complaints against the prosecuting attorney.
[37:39.460 --> 37:55.460]  What he did was so horribly wrong that it could not only cost him his job, it could potentially put him in jail. I had him dead bang.
[37:55.460 --> 38:19.460]  I asked myself, how will going after this bailiff lead me toward my intended outcome? I could not find a way to frame that to where it would have the effect of leading me toward my intended outcome.
[38:19.460 --> 38:31.460]  So as a matter of self-discipline, I didn't go after the bailiff. Turned out to be the single most powerful thing I've ever done.
[38:31.460 --> 38:51.460]  When I didn't go after that bailiff, all of a sudden, everybody looked at me different. I became Mr. Kelton. I began to start getting treated with dignity, respect, and concern.
[38:51.460 --> 39:06.460]  Because what it told them was, if this guy's coming after you, and there's not anything you can do to lead him off the trail, that bailiff was a red herring.
[39:06.460 --> 39:23.460]  He would have led me down a rabbit hole, away from my intended outcome. You need a beacon out in front of you, because they're going to do stuff to really get you upset.
[39:23.460 --> 39:35.460]  Going to make you want to go after them and beat them up and cause them all kind of misery because you're beginning to realize that you have the power to do that.
[39:35.460 --> 39:46.460]  Now you begin to become dangerous. So how do you convert that power into an agent for change?
[39:46.460 --> 39:59.460]  The way you do that is focus on an outcome. Filter everything you do through that outcome.
[39:59.460 --> 40:08.460]  And the way you deal with them will change dramatically. And that's when they realize this guy's coming after us.
[40:08.460 --> 40:14.460]  He's not wavering. He's not getting distracted. This guy's bad news.
[40:14.460 --> 40:34.460]  So think about that. Every time you start to do something, ask yourself, what am I trying to achieve by this? This is probably the most powerful thing you can do every day. Does that make sense?
[40:34.460 --> 40:50.460]  Yeah, you're right. That's why I was trying to mention earlier, you were saying something about making that move to what I realized and listening, studying several cases, researching them, listening to these politicians and everything,
[40:50.460 --> 41:04.460]  and learning about distribution of wealth and everything and getting a good concept of how these attorneys built the game, what America is and what wealth is and everything.
[41:04.460 --> 41:14.460]  So that's when I started realizing, like, hey, I don't need to get my panties in the budge because I'm doing something real, real big here.
[41:14.460 --> 41:24.460]  So no matter how long it takes, I need to have that kind of poise. I need to have that poise that, you know, that this is something big that you're doing so you can't be getting annoyed and rushing.
[41:24.460 --> 41:39.460]  And then through my research, I've seen all these cases where I've read the issue and I've seen it as soon as I see the black and white, but the courts rule otherwise and then get overturned.
[41:39.460 --> 41:49.460]  So you're right building. I'm looking, I'm in the process of taking the next step.
[41:49.460 --> 42:06.460]  For 30 years, I thought in terms of getting judges' rulings overturned, appealing their rulings to a higher court, but it became clear that the higher court was just as corrupt as the lower court.
[42:06.460 --> 42:19.460]  It's all politics in all of it. So I'm shifting gears now, or you might say I'm adding an extra layer.
[42:19.460 --> 42:38.460]  As I go through these cases and take actions with courts and other public officials, I'm trying to get the outcome I'm after, but I'm also doing something else.
[42:38.460 --> 42:50.460]  I am looking for a violation of law. If I can get a judge to render a bogus ruling, how do I get that to work for me?
[42:50.460 --> 42:58.460]  Because I'm going to get lots of bogus rulings and you know, you hear everybody say, oh, that dirty rotten judge, he did this, he did that, he did the other.
[42:58.460 --> 43:08.460]  And my question now is becoming, well, did you file criminally against him? And if not, why not?
[43:08.460 --> 43:16.460]  You know, they want you to think your only option is to file an appeal to the court of appeals.
[43:16.460 --> 43:22.460]  But I'm thinking back to official misconduct and official oppression.
[43:22.460 --> 43:30.460]  I understand. You see, I understand that, but when you go try to file a criminal complaint, how about if you're blocked?
[43:30.460 --> 43:39.460]  Now, if you're blocked, now you've got to go through all these extra hoops with somebody who has time to do that. It's okay.
[43:39.460 --> 43:54.460]  No, no, the thing about criminal, excuse me, it's not like civil cases. Criminal, you make up a little criminal complaint and file it and that's it.
[43:54.460 --> 43:57.460]  It's going on break.
[43:57.460 --> 44:02.460]  Yes, we are.
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[46:14.460 --> 46:33.460]  Okay, we are back. We're in Kelton, Lulavlaw Radio and we're talking to Olivier in Tennessee.
[46:33.460 --> 46:42.460]  And Olivier, when you said we were going to break, I stopped. You weren't talking, I wasn't talking. I could not hear the music.
[46:42.460 --> 46:48.460]  I'm going to have to see what's wrong with this system. You're apparently hearing it, but I'm not.
[46:48.460 --> 47:00.460]  Okay. Is that a good enough excuse for me running off the cliff? Oh, Debra's going to skin me alive. She hates what I do.
[47:00.460 --> 47:13.460]  Okay. I did want to make a comment about that goal that I keep talking about. That wasn't my first goal.
[47:13.460 --> 47:21.460]  My first goal was trying to get the magistrates to do examining trials and I'm still working on that.
[47:21.460 --> 47:37.460]  But I kept asking myself, what is the easiest change that I can make that will have the most effect overall?
[47:37.460 --> 47:47.460]  And is there a button somewhere that we can push that will have the effect of destabilizing the whole system?
[47:47.460 --> 48:01.460]  So I've spent this 30 years looking for the simplest change we can make that would make what I was doing more available to everybody else.
[48:01.460 --> 48:18.460]  What's the simplest change you could make to Tennessee law that would tend to have the greatest overall effect?
[48:18.460 --> 48:29.460]  I'm sorry, I said law. I should have said law or practice.
[48:29.460 --> 48:39.460]  I'm not really asking you to have an answer for that right now, but that's a question that should always be in your mind.
[48:39.460 --> 48:48.460]  Me asking those questions, that's what led me to this outcome I'm looking for.
[48:48.460 --> 49:07.460]  The only thing that rings a bell to me when you said that whole phrase was the fact that some of these characters do not have to be licensed or no law.
[49:07.460 --> 49:18.460]  That's a big rig for life. So I think that's where, if I'm correct, that's what stands out to me.
[49:18.460 --> 49:26.460]  That would be one of the underlining things that starts the problem.
[49:26.460 --> 49:40.460]  You're talking about inferior court judges or are you speaking to the profession in general as being incompetent?
[49:40.460 --> 49:48.460]  You're talking about these lawyers, they don't know squat. Is that what you're going to or are you talking about the judges and such not knowing law?
[49:48.460 --> 50:07.460]  The judges, the bailiffs, everyone who swear the oath, everyone who subjects someone else to prosecution or supervision while they're in the court should have a law degree.
[50:07.460 --> 50:22.460]  That may be somewhat impractical, but how could you put these people in a position to where they will actually go out and study their law?
[50:22.460 --> 50:38.460]  I had a Department of Public Safety Sergeant tell me once. He asked me if I was a lawyer and I said do I need to be because I had filed a complaint with his boss, his boss, his boss.
[50:38.460 --> 50:45.460]  He was sent out to handle my complaint, but all he knew how to do was big mouth macho cop.
[50:45.460 --> 50:54.460]  Since he's answering my complaint, I kind of had him on the spot. I addressed what I complained about and he said well what makes you think that's against the law?
[50:54.460 --> 51:01.460]  I went across the street where I lived and come back to where he was and I said this and I handed him the penal code.
[51:01.460 --> 51:05.460]  He said Mr. Kelton, are you an attorney? I said do I have to be?
[51:05.460 --> 51:20.460]  He said if you're not an attorney, I don't consider my officers sophisticated enough in legal matters so as to make it profitable for them to attempt to read and understand everything in the penal code.
[51:20.460 --> 51:26.460]  And since you're not a lawyer, I don't consider you sophisticated enough either.
[51:26.460 --> 51:29.460]  Say what?
[51:29.460 --> 51:37.460]  You're telling me that your officers are too darn stupid to read the penal code and you think I am too?
[51:37.460 --> 51:41.460]  And he stood up and said well I don't have to sit here and take this.
[51:41.460 --> 51:47.460]  I said that's right Sergeant, there's no anchor on your behind, there's the door.
[51:47.460 --> 51:53.460]  But he was sent to answer my complaint and he got real ugly after that.
[51:53.460 --> 51:58.460]  But he actually believed that.
[51:58.460 --> 52:02.460]  How do we fix that?
[52:02.460 --> 52:14.460]  The way I've been trying to fix it is I ask them to do something that the law requires them to do but they think they have discretion.
[52:14.460 --> 52:24.460]  They think they don't have to do it if they don't want to because it's not how they've always done things and when they don't do it, I fight against them.
[52:24.460 --> 52:34.460]  And the more minuscule and minor it is, the better because they don't see it coming.
[52:34.460 --> 52:36.460]  Does that make sense, Olivier?
[52:36.460 --> 52:39.460]  Right.
[52:39.460 --> 52:42.460]  All I'm saying is you're not me.
[52:42.460 --> 52:52.460]  You have a different perspective, a different way of doing things and you may come up with something far more elegant than me.
[52:52.460 --> 53:09.460]  But always be looking down in front of you before you do anything right now to see where you want to go and will what I'm about to do lead me toward what I want to do or will it lead me away from it?
[53:09.460 --> 53:15.460]  And it will protect you very well in the long run.
[53:15.460 --> 53:17.460]  I see what you're saying.
[53:17.460 --> 53:21.460]  I think I'm doing pretty good because at first I was kind of frustrated because I had so much going on.
[53:21.460 --> 53:23.460]  Pretty good?
[53:23.460 --> 53:31.460]  Olivier, pretty good is a gross understatement.
[53:31.460 --> 53:34.460]  You are kicking behind.
[53:34.460 --> 53:36.460]  Yeah.
[53:36.460 --> 53:43.460]  Also, I was doing it because I wanted to because when I started bringing the information to people, nobody was moving.
[53:43.460 --> 53:45.460]  They felt it, but they were too scared.
[53:45.460 --> 53:51.460]  So now, okay, I got to go 100. I got to go all the way to the Supreme Court.
[53:51.460 --> 53:58.460]  I got to get my name in the paperwork, in that paperwork, so now when I talk to people, they're ready to do as I said.
[53:58.460 --> 54:03.460]  And if I get a big group of people, we're going to make a statement.
[54:03.460 --> 54:14.460]  Let's say I get 3,000 people ready to get locked up for an issue that they're not supposed to get locked up for.
[54:14.460 --> 54:18.460]  The county has a problem and we're all willing to go to jail.
[54:18.460 --> 54:23.460]  And then now you have a different movement here where it's not violent.
[54:23.460 --> 54:25.460]  We're like, oh, wait a minute.
[54:25.460 --> 54:27.460]  Now we understand this paperwork.
[54:27.460 --> 54:32.460]  We understand this knowledge and ethics that you're trying to run on us.
[54:32.460 --> 54:36.460]  And we have Mr. Olivier over here who's already been through the gauntlet.
[54:36.460 --> 54:39.460]  And then one, one, two, three, four, five, six.
[54:39.460 --> 54:44.460]  I think I'm going with Mr. Olivier because I don't like this either.
[54:44.460 --> 54:46.460]  But there was a...
[54:46.460 --> 54:52.460]  Three, four thousand people lining up to get locked up, lining up to get, lining up to go to jail.
[54:52.460 --> 54:56.460]  They ain't going to have no political.
[54:56.460 --> 54:58.460]  They're going to have to learn now.
[54:58.460 --> 55:00.460]  They're going to be like, what is going on?
[55:00.460 --> 55:02.460]  Exactly.
[55:02.460 --> 55:10.460]  When you send people in there that knows these guys' law better than they do,
[55:10.460 --> 55:15.460]  that is the one thing that they've never been able to handle.
[55:15.460 --> 55:20.460]  They can't handle me because I know their law better than they do.
[55:20.460 --> 55:22.460]  Now, I don't know all the law.
[55:22.460 --> 55:23.460]  I'm focused.
[55:23.460 --> 55:26.460]  I know law in this one area.
[55:26.460 --> 55:30.460]  If you get me out of my area, then I don't know squat.
[55:30.460 --> 55:35.460]  But in this area where I work, I've done my research.
[55:35.460 --> 55:40.460]  And there's nothing more powerful than knowing what you're doing.
[55:40.460 --> 55:41.460]  Right.
[55:41.460 --> 55:44.460]  And especially when you put the financial burden on them,
[55:44.460 --> 55:48.460]  because now you've got people in there willing not to bond out,
[55:48.460 --> 55:54.460]  to sit there and to rack up charges and to create situations for them.
[55:54.460 --> 55:57.460]  Now, you know what I'm saying, I've made my name for myself.
[55:57.460 --> 56:00.460]  Now, I don't have to ponder about how I'm going to do something.
[56:00.460 --> 56:01.460]  I just walk in the office.
[56:01.460 --> 56:05.460]  Then everybody's going to open up to look at it, oh snap.
[56:05.460 --> 56:11.460]  I went into Southlake today and made it clear to them,
[56:11.460 --> 56:19.460]  I'm trying to get you to give me information that I can use to try to prosecute
[56:19.460 --> 56:25.460]  your prosecuting attorney and your municipal court judge.
[56:25.460 --> 56:29.460]  And they've been over backwards to be as nice to me as they could.
[56:29.460 --> 56:35.460]  They gave me no difficulty whatsoever.
[56:35.460 --> 56:36.460]  This is much better.
[56:36.460 --> 56:39.460]  I was, yes sir, Mr. Kelton, no sir, Mr. Kelton.
[56:39.460 --> 56:40.460]  I like that.
[56:40.460 --> 56:44.460]  I could get used to that.
[56:44.460 --> 56:49.460]  That's a lot better than dislocated ribs, broken collarbones.
[56:49.460 --> 56:53.460]  I've had enough of that kind of stuff.
[56:53.460 --> 56:59.460]  One of the police officers flicked us off while we were driving to court one morning.
[56:59.460 --> 57:01.460]  That was so gratifying.
[57:01.460 --> 57:05.460]  Oh man, he saw us and he just erupted.
[57:05.460 --> 57:11.460]  Because when you see somebody out of the blue, he didn't expect to see us.
[57:11.460 --> 57:15.460]  When he saw us, he just threw his finger up and the officer who was driving
[57:15.460 --> 57:18.460]  was staring at him like, what the hell, what are you doing?
[57:18.460 --> 57:20.460]  What are you doing?
[57:20.460 --> 57:23.460]  An officer gave you the finger?
[57:23.460 --> 57:27.460]  Yes, and then the other officer driving was just looking at him like,
[57:27.460 --> 57:29.460]  what are you doing?
[57:29.460 --> 57:33.460]  That should have gotten a 911 call.
[57:33.460 --> 57:36.460]  He did it, but it was gratifying.
[57:36.460 --> 57:39.460]  That would have been so much fun.
[57:39.460 --> 57:44.460]  There's nothing I like better than to catch him doing something really stupid.
[57:44.460 --> 57:48.460]  Well, actually, it was a message for me because I've been asking for a message
[57:48.460 --> 57:52.460]  because I know I've been doing a lot of things, but I haven't been seeing
[57:52.460 --> 57:54.460]  an actual message the next day that happened.
[57:54.460 --> 57:57.460]  The next couple of hours later, that happened.
[57:57.460 --> 57:58.460]  It was so happy.
[57:58.460 --> 58:03.460]  Okay, so we're doing something because you can't stand to see us.
[58:03.460 --> 58:06.460]  That is a really good sign.
[58:06.460 --> 58:10.460]  He did that and he certainly didn't want to pull you over.
[58:10.460 --> 58:15.460]  No, he got music coming up.
[58:15.460 --> 58:21.460]  This gets even better than that.
[58:21.460 --> 58:24.460]  He got music.
[58:24.460 --> 58:27.460]  Man, I still can't hear that music.
[58:27.460 --> 58:30.460]  Okay, Randy Kelton, Rule of Law Radio.
[58:30.460 --> 58:35.460]  We have our fundraiser going, so this is the top of the hour.
[58:35.460 --> 58:39.460]  It's a good time to go check out Logos Radio Network.
[58:39.460 --> 58:41.460]  I've got my e-book on there.
[58:41.460 --> 58:46.460]  If you buy the e-book, you'll get four chances for the gun giveaway,
[58:46.460 --> 58:49.460]  and we're talking to our gun guy remains.
[58:49.460 --> 58:53.460]  Would you like to make more definite progress in your walk with God?
[58:53.460 --> 58:56.460]  Bibles for America is offering a free study Bible
[58:56.460 --> 59:00.460]  and a set of free Christian books that can really help.
[59:00.460 --> 59:03.460]  The New Testament Recovery Version is one of the most comprehensive
[59:03.460 --> 59:05.460]  study Bibles available today.
[59:05.460 --> 59:09.460]  It's an accurate translation and it contains thousands of footnotes
[59:09.460 --> 59:13.460]  that will help you to know God and to know the meaning of life.
[59:13.460 --> 59:15.460]  The free books are a three-volume set called
[59:15.460 --> 59:18.460]  Basic Elements of the Christian Life.
[59:18.460 --> 59:21.460]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.460 --> 59:24.460]  clearly presents God's plan of salvation,
[59:24.460 --> 59:27.460]  growing in Christ, and how to build up the church.
[59:27.460 --> 59:30.460]  To order your free New Testament Recovery Version
[59:30.460 --> 59:33.460]  and Basic Elements of the Christian Life,
[59:33.460 --> 59:40.460]  call Bibles for America toll-free at 888-551-0102.
[59:40.460 --> 59:44.460]  That's 888-551-0102.
[59:44.460 --> 59:49.460]  Or visit us online at bfa.org.
[59:49.460 --> 01:00:00.460]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.460 --> 01:00:04.460]  The following news flash is brought to you by the Lone Star Lowdowns.
[01:00:04.460 --> 01:00:07.460]  Markets for Wednesday, the 15th of February, 2017,
[01:00:07.460 --> 01:00:12.460]  are currently treading with gold at $1,231.18 an ounce,
[01:00:12.460 --> 01:00:14.460]  silver at $17.95 an ounce,
[01:00:14.460 --> 01:00:17.460]  Texas crude at $53.20 a barrel,
[01:00:17.460 --> 01:00:22.460]  and Bitcoin is sitting at about 1,012 U.S. currency.
[01:00:22.460 --> 01:00:25.460]  Today in history, the year 2003,
[01:00:25.460 --> 01:00:29.460]  protests against the Iraq War took place in over 600 cities worldwide.
[01:00:29.460 --> 01:00:33.460]  It is estimated that anywhere between 8 to 30 million people participated,
[01:00:33.460 --> 01:00:39.460]  making it the largest peace demonstration ever today in history.
[01:00:39.460 --> 01:00:42.460]  In recent news, a day after his resignation,
[01:00:42.460 --> 01:00:45.460]  the White House stated Tuesday that President Trump forced Michael Flynn
[01:00:45.460 --> 01:00:49.460]  to resign as National Security Advisor because he broke trust, not laws.
[01:00:49.460 --> 01:00:53.460]  This is in light of the controversy that Mr. Flynn had misled the Vice President
[01:00:53.460 --> 01:00:56.460]  and other administration officials about his phone conversation
[01:00:56.460 --> 01:01:01.460]  with Russian Ambassador Sergey Kislyak about U.S. sanctions against Moscow.
[01:01:01.460 --> 01:01:04.460]  White House Press Secretary Sean Spicer stated that,
[01:01:04.460 --> 01:01:07.460]  the President got to the point where General Flynn's relationship,
[01:01:07.460 --> 01:01:09.460]  misleading the Vice President and others,
[01:01:09.460 --> 01:01:13.460]  or the possibility that he had forgotten critical details of this important conversation,
[01:01:13.460 --> 01:01:16.460]  had created a critical mass and an unsustainable situation.
[01:01:16.460 --> 01:01:22.460]  That's why the President decided to ask for his resignation, and he got it.
[01:01:22.460 --> 01:01:26.460]  Senator Jerry Brown, in regards to the tallest dam in America, stated on Monday that,
[01:01:26.460 --> 01:01:29.460]  quote, things can fail, whether it's levees or dams or bridges.
[01:01:29.460 --> 01:01:32.460]  We're doing everything we can to get this dam in shape
[01:01:32.460 --> 01:01:35.460]  so evacuees can return and live safely without fear.
[01:01:35.460 --> 01:01:38.460]  He also stated that he spoke with a member of President Donald Trump's Cabinet
[01:01:38.460 --> 01:01:40.460]  to request federal response aid.
[01:01:40.460 --> 01:01:44.460]  The Oroville Dam provides flood control for the Oroville region in California.
[01:01:44.460 --> 01:01:48.460]  The dam has two spillways to release water out of the lake to prevent overflow.
[01:01:48.460 --> 01:01:50.460]  However, both are having problems.
[01:01:50.460 --> 01:01:54.460]  The emergency spillway was then used for the first time in its history on Saturday,
[01:01:54.460 --> 01:01:57.460]  when the lake topped 901 feet at its full capacity.
[01:01:57.460 --> 01:02:01.460]  Crews have been working since Monday to restore water levels and to repair dam controls
[01:02:01.460 --> 01:02:04.460]  before more rainfall, which is expected for the next few days.
[01:02:04.460 --> 01:02:07.460]  Luckily, California water officials say that they're making great progress
[01:02:07.460 --> 01:02:10.460]  on the repairs to the dam and spillways.
[01:02:10.460 --> 01:02:14.460]  This potential catastrophe led to the Butte County Sheriff, Corey Hone,
[01:02:14.460 --> 01:02:19.460]  to tell nearly 200,000 residents to use the time this week to prepare for another evacuation,
[01:02:19.460 --> 01:02:24.460]  following a chaotic first one, if needed, though the order to leave was lifted Tuesday.
[01:02:24.460 --> 01:02:29.460]  Unfortunately, a number of homes in the evacuation zone below the dam's damaged spillways
[01:02:29.460 --> 01:02:32.460]  have been burglarized and arrests have been made.
[01:02:32.460 --> 01:02:35.460]  A football field-sized hole was detected in the main spillway,
[01:02:35.460 --> 01:02:37.460]  which obviously can't be fixed immediately,
[01:02:37.460 --> 01:02:41.460]  but spurred questions as to why more had not been done to prevent spillway erosion.
[01:02:41.460 --> 01:02:44.460]  After concerns were raised more than 10 years ago,
[01:02:44.460 --> 01:02:53.460]  California Department of Water Resources Acting Director Bill Croyley denies being familiar with this 12-year concern.
[01:02:53.460 --> 01:03:00.460]  This was Rick Roady with your Lowdown for February 15, 2017.
[01:03:00.460 --> 01:03:19.460]  Music
[01:03:19.460 --> 01:03:20.460]  Okay, we are back.
[01:03:20.460 --> 01:03:25.460]  Randy Kelton rules our radio, and we're talking to Olivier.
[01:03:25.460 --> 01:03:26.460]  Olivier, do you need to move along?
[01:03:26.460 --> 01:03:29.460]  Do you have anything else for us?
[01:03:29.460 --> 01:03:32.460]  Um, let's get to this one.
[01:03:32.460 --> 01:03:37.460]  I was in front of a judge the last time they arrested me,
[01:03:37.460 --> 01:03:41.460]  and in front of the judge, they ran my license.
[01:03:41.460 --> 01:03:42.460]  It was valid.
[01:03:42.460 --> 01:03:46.460]  And he said that, well, we're going to dismiss the charge,
[01:03:46.460 --> 01:03:53.460]  and he was going to charge me $25 fee for not having a license on me.
[01:03:53.460 --> 01:03:54.460]  On me, right?
[01:03:54.460 --> 01:03:56.460]  I'm looking at him like, what is this?
[01:03:56.460 --> 01:04:01.460]  I tell my attorney, I'm like, no, I want to bound it over the trial.
[01:04:01.460 --> 01:04:06.460]  My attorney looked at me like, okay, well, we're going to bound it over the trial.
[01:04:06.460 --> 01:04:10.460]  So now, I'm trying to figure out what...
[01:04:10.460 --> 01:04:17.460]  Now, I have about 10 cases that are currently in the courts right now,
[01:04:17.460 --> 01:04:24.460]  and there is one that's been dismissed already that my license was valid.
[01:04:24.460 --> 01:04:27.460]  It's been dismissed already, and I'm fooling them.
[01:04:27.460 --> 01:04:31.460]  And then now, I didn't show my license on all the other cases,
[01:04:31.460 --> 01:04:35.460]  and then we have the last case, which we have on record,
[01:04:35.460 --> 01:04:39.460]  the judge checking and verifying that it's been valid,
[01:04:39.460 --> 01:04:48.460]  and this license has been valid ever since before the first time I was forced to prison.
[01:04:48.460 --> 01:04:59.460]  So how does that information, how does that information work?
[01:04:59.460 --> 01:05:07.460]  I'm thinking of how we would go back to cases that were adjudicated.
[01:05:07.460 --> 01:05:12.460]  The questions will come...
[01:05:12.460 --> 01:05:15.460]  What it's going to lead to is laches.
[01:05:15.460 --> 01:05:24.460]  The question is, you had an opportunity to exercise your right to defend yourself
[01:05:24.460 --> 01:05:31.460]  by presenting the license in the first case, but you chose not to.
[01:05:31.460 --> 01:05:35.460]  And in law, that's considered laches.
[01:05:35.460 --> 01:05:38.460]  You had a right, and you sat on your right.
[01:05:38.460 --> 01:05:48.460]  So how are you going to explain the fact that you had a valid license but didn't display it?
[01:05:48.460 --> 01:05:51.460]  Me?
[01:05:51.460 --> 01:05:54.460]  Yeah.
[01:05:54.460 --> 01:05:57.460]  When you go to these cases that have already been adjudicated
[01:05:57.460 --> 01:06:01.460]  and you want to move to overturn the conviction
[01:06:01.460 --> 01:06:06.460]  because you were clearly not guilty of the crime,
[01:06:06.460 --> 01:06:08.460]  they're going to say...
[01:06:08.460 --> 01:06:09.460]  No, I wasn't.
[01:06:09.460 --> 01:06:11.460]  No.
[01:06:11.460 --> 01:06:15.460]  I have one case already that I've been found not guilty.
[01:06:15.460 --> 01:06:17.460]  They dismissed.
[01:06:17.460 --> 01:06:19.460]  The very first one.
[01:06:19.460 --> 01:06:23.460]  That's where the girl got pulled over.
[01:06:23.460 --> 01:06:26.460]  I doubled back to go see if she was okay.
[01:06:26.460 --> 01:06:27.460]  I got out of the car.
[01:06:27.460 --> 01:06:29.460]  They came over and started harassing her.
[01:06:29.460 --> 01:06:30.460]  I told them to go mind their business.
[01:06:30.460 --> 01:06:31.460]  I called 911.
[01:06:31.460 --> 01:06:37.460]  They arrested me for calling 911 and valid driving license.
[01:06:37.460 --> 01:06:39.460]  I beat that case.
[01:06:39.460 --> 01:06:41.460]  That case I dismissed.
[01:06:41.460 --> 01:06:48.460]  Did you demonstrate that you had a valid license at that time?
[01:06:48.460 --> 01:06:49.460]  No.
[01:06:49.460 --> 01:06:51.460]  Did I show it to her?
[01:06:51.460 --> 01:06:52.460]  Yeah.
[01:06:52.460 --> 01:06:53.460]  Okay.
[01:06:53.460 --> 01:06:56.460]  Did you ever get to the point to where that was necessary
[01:06:56.460 --> 01:07:01.460]  or was this dismissed for other reasons?
[01:07:01.460 --> 01:07:06.460]  In this case, in this situation, in the lower court,
[01:07:06.460 --> 01:07:09.460]  the judge asked me if I had a valid license.
[01:07:09.460 --> 01:07:11.460]  I told him yes, I did have a valid license.
[01:07:11.460 --> 01:07:14.460]  I just did not show it to the cops.
[01:07:14.460 --> 01:07:15.460]  So he asked me to see it.
[01:07:15.460 --> 01:07:16.460]  I gave it to him.
[01:07:16.460 --> 01:07:17.460]  He ran it.
[01:07:17.460 --> 01:07:19.460]  He said, your license is valid.
[01:07:19.460 --> 01:07:23.460]  Okay, so I'm going to have to set it up for the next four days
[01:07:23.460 --> 01:07:25.460]  until the attorneys can figure this out.
[01:07:25.460 --> 01:07:28.460]  Now I'm going to the first, first issue,
[01:07:28.460 --> 01:07:31.460]  the first time you had the issue.
[01:07:31.460 --> 01:07:32.460]  Right.
[01:07:32.460 --> 01:07:34.460]  Yeah, that's what I'm talking about.
[01:07:34.460 --> 01:07:37.460]  The first time I had the issue,
[01:07:37.460 --> 01:07:39.460]  when I went to court in the lower court,
[01:07:39.460 --> 01:07:41.460]  I showed the judge my license.
[01:07:41.460 --> 01:07:42.460]  He ran it.
[01:07:42.460 --> 01:07:44.460]  It came back valid.
[01:07:44.460 --> 01:07:46.460]  It came back valid about two years ago.
[01:07:46.460 --> 01:07:48.460]  They're like, well, it's valid.
[01:07:48.460 --> 01:07:49.460]  And they gave me the next court date.
[01:07:49.460 --> 01:07:51.460]  I moved it to trial.
[01:07:51.460 --> 01:07:55.460]  And so you got nine tickets after that.
[01:07:55.460 --> 01:07:58.460]  I got arrested 10 times after that.
[01:07:58.460 --> 01:08:00.460]  After that.
[01:08:00.460 --> 01:08:06.460]  And the department had knowledge that you had a valid driver's license.
[01:08:06.460 --> 01:08:11.460]  So you weren't charged with failure to produce the license.
[01:08:11.460 --> 01:08:15.460]  You were charged with driving on a suspended license.
[01:08:15.460 --> 01:08:17.460]  Is that the case?
[01:08:17.460 --> 01:08:20.460]  Right, right, on suspended Tennessee license.
[01:08:20.460 --> 01:08:23.460]  So you have a really good case.
[01:08:23.460 --> 01:08:27.460]  So I got one case dismissed already,
[01:08:27.460 --> 01:08:31.460]  already dismissed underneath while my license was valid.
[01:08:31.460 --> 01:08:37.460]  Then I got, then you arrested me 10 more or eight, nine more times.
[01:08:37.460 --> 01:08:39.460]  10 more tickets.
[01:08:39.460 --> 01:08:44.460]  This is going to look, how many times did the same officer arrest you?
[01:08:44.460 --> 01:08:55.460]  The same officer arrested me one, two, three, four, five, six.
[01:08:55.460 --> 01:08:57.460]  Six times.
[01:08:57.460 --> 01:09:00.460]  One officer arrested me six times.
[01:09:00.460 --> 01:09:05.460]  Have any of those cases been adjudicated in your favor?
[01:09:05.460 --> 01:09:06.460]  The first one.
[01:09:06.460 --> 01:09:07.460]  That's what I told you.
[01:09:07.460 --> 01:09:08.460]  The first one was adjudicated.
[01:09:08.460 --> 01:09:09.460]  He was.
[01:09:09.460 --> 01:09:10.460]  That was what I was looking for.
[01:09:10.460 --> 01:09:16.460]  The first one to arrest you, so he knew.
[01:09:16.460 --> 01:09:22.460]  He had actual knowledge that you had a valid driver's license.
[01:09:22.460 --> 01:09:25.460]  You have a great case.
[01:09:25.460 --> 01:09:30.460]  He said that it is short valid in Tennessee and that's all he cared about.
[01:09:30.460 --> 01:09:32.460]  We'll see about that.
[01:09:32.460 --> 01:09:38.460]  Once he went to court and demonstrated in court that you had a valid license,
[01:09:38.460 --> 01:09:41.460]  he had knowledge.
[01:09:41.460 --> 01:09:44.460]  Well, the officer was out there.
[01:09:44.460 --> 01:09:46.460]  Wait, say that again.
[01:09:46.460 --> 01:09:49.460]  The officer was out there.
[01:09:49.460 --> 01:09:50.460]  Doesn't matter.
[01:09:50.460 --> 01:09:52.460]  Okay.
[01:09:52.460 --> 01:09:54.460]  He has imputed knowledge.
[01:09:54.460 --> 01:10:00.460]  If he doesn't have actual knowledge, he certainly has knowledge that your case was dismissed.
[01:10:00.460 --> 01:10:05.460]  And he had a duty to know why your case was dismissed.
[01:10:05.460 --> 01:10:06.460]  Okay.
[01:10:06.460 --> 01:10:08.460]  I do need to move on.
[01:10:08.460 --> 01:10:13.460]  I've got two more callers and I've only got an hour left.
[01:10:13.460 --> 01:10:14.460]  All right.
[01:10:14.460 --> 01:10:15.460]  Okay.
[01:10:15.460 --> 01:10:21.460]  Let's talk next week and don't get arrested anymore.
[01:10:21.460 --> 01:10:22.460]  That's not my choice.
[01:10:22.460 --> 01:10:24.460]  I'm free.
[01:10:24.460 --> 01:10:25.460]  Okay.
[01:10:25.460 --> 01:10:26.460]  Thank you, Olivier.
[01:10:26.460 --> 01:10:30.460]  Now we're going to go to Boris in Texas.
[01:10:30.460 --> 01:10:31.460]  Hello, Boris.
[01:10:31.460 --> 01:10:32.460]  Who is that?
[01:10:32.460 --> 01:10:33.460]  Oops, hold on.
[01:10:33.460 --> 01:10:34.460]  Hold on.
[01:10:34.460 --> 01:10:35.460]  Missed it.
[01:10:35.460 --> 01:10:36.460]  Boris in Texas.
[01:10:36.460 --> 01:10:37.460]  Hold on.
[01:10:37.460 --> 01:10:38.460]  My page is jumping around.
[01:10:38.460 --> 01:10:39.460]  Oh.
[01:10:39.460 --> 01:10:40.460]  Let's see.
[01:10:40.460 --> 01:10:41.460]  Got you this time, Boris.
[01:10:41.460 --> 01:10:42.460]  I'm sorry.
[01:10:42.460 --> 01:10:43.460]  All right.
[01:10:43.460 --> 01:10:44.460]  Yeah.
[01:10:44.460 --> 01:10:47.460]  Every time I clicked, it moved to another name.
[01:10:47.460 --> 01:10:48.460]  Okay.
[01:10:48.460 --> 01:10:53.460]  What do you have for us today?
[01:10:53.460 --> 01:10:55.460]  Well, okay.
[01:10:55.460 --> 01:11:06.460]  I'm trying to pay off a contract for deed to someone, and I've talked to you about this
[01:11:06.460 --> 01:11:10.460]  before, but it's moved along a few steps.
[01:11:10.460 --> 01:11:18.460]  A contract for deed on my house where the person that I owe money to went through a
[01:11:18.460 --> 01:11:19.460]  divorce.
[01:11:19.460 --> 01:11:20.460]  He lied.
[01:11:20.460 --> 01:11:24.460]  He didn't tell his wife the contract was made up during his marriage period.
[01:11:24.460 --> 01:11:31.460]  So now there's a problem with getting any kind of title insurance without her being
[01:11:31.460 --> 01:11:32.460]  notified.
[01:11:32.460 --> 01:11:40.460]  Well, she has been notified because I have the house in escrow right now with someone
[01:11:40.460 --> 01:11:43.460]  part way through the process of buying it.
[01:11:43.460 --> 01:11:53.460]  The problem is that I don't see there being any reconciliation between those two, and
[01:11:53.460 --> 01:11:57.460]  it could even be paid off before closing or whatever.
[01:11:57.460 --> 01:12:05.460]  There's enough money around now to do that, but how can a divorced couple block me from
[01:12:05.460 --> 01:12:08.460]  paying off the debt?
[01:12:08.460 --> 01:12:10.460]  I can see how they just don't respond.
[01:12:10.460 --> 01:12:15.460]  One of them doesn't respond at all, and they're going to fight over which one of them gets
[01:12:15.460 --> 01:12:17.460]  how much and all that stuff.
[01:12:17.460 --> 01:12:20.460]  Is it some way?
[01:12:20.460 --> 01:12:25.460]  Okay, you're trying to present a final payment.
[01:12:25.460 --> 01:12:26.460]  Yes.
[01:12:26.460 --> 01:12:35.460]  Well, there's this thing of the practice and remedies code.
[01:12:35.460 --> 01:12:39.460]  That's not the right one.
[01:12:39.460 --> 01:12:42.460]  James just told me which one it was, and I lost it.
[01:12:42.460 --> 01:12:49.460]  The uniform commercial code is codified into Texas law.
[01:12:49.460 --> 01:12:57.460]  If you attempt to make payment and payment is refused under the uniform commercial code,
[01:12:57.460 --> 01:13:00.460]  payment is made.
[01:13:00.460 --> 01:13:05.460]  So you might send them a check for the full amount.
[01:13:05.460 --> 01:13:07.460]  Okay.
[01:13:07.460 --> 01:13:21.460]  Then after seven to 10 days, then if they haven't filed a release of lien in the record,
[01:13:21.460 --> 01:13:25.460]  then you send them a notice of tort.
[01:13:25.460 --> 01:13:40.460]  Or if they send the money back to you, then you send them a request for a release of lien.
[01:13:40.460 --> 01:13:45.460]  And when they fail to release the lien, send them a notice of tort that you intend to sue
[01:13:45.460 --> 01:13:52.460]  that the property has been paid off under the commercial code, and now they need to
[01:13:52.460 --> 01:13:53.460]  release the lien.
[01:13:53.460 --> 01:13:55.460]  And they're going to say, what?
[01:13:55.460 --> 01:13:56.460]  We didn't cast a check.
[01:13:56.460 --> 01:14:01.460]  And you're going to say, your problem, not my problem.
[01:14:01.460 --> 01:14:06.460]  How do you want to do that?
[01:14:06.460 --> 01:14:09.460]  There's two people, of course, that don't live together.
[01:14:09.460 --> 01:14:14.460]  I need both signatures, I think, to get a clear warranty deed.
[01:14:14.460 --> 01:14:15.460]  Isn't that right?
[01:14:15.460 --> 01:14:16.460]  And a release of lien.
[01:14:16.460 --> 01:14:17.460]  Yes.
[01:14:17.460 --> 01:14:24.460]  But when you send them a notice of tort, telling them that you own the house now and they don't
[01:14:24.460 --> 01:14:31.460]  get any money, you're going to get their attention, then they'll come to you and talk to you.
[01:14:31.460 --> 01:14:36.460]  They're not so worried about, you know, right now they're worried about who's going to get
[01:14:36.460 --> 01:14:38.460]  an extra penny.
[01:14:38.460 --> 01:14:44.460]  But if you can get them to worry about losing the whole enchilada, you bring them to the
[01:14:44.460 --> 01:14:45.460]  table.
[01:14:45.460 --> 01:14:54.460]  And if you use the commercial code where it says that offer made and not accepted is, I
[01:14:54.460 --> 01:15:00.460]  forget exactly how it says it, but if you make an offer to pay and they refuse it, then
[01:15:00.460 --> 01:15:05.460]  the amount is paid under commercial code.
[01:15:05.460 --> 01:15:11.460]  So you notice some of that and they're not going to want to lose the whole amount.
[01:15:11.460 --> 01:15:14.460]  They'll come to you and get off the top.
[01:15:14.460 --> 01:15:15.460]  Okay.
[01:15:15.460 --> 01:15:21.460]  But if not, internationally, don't you just petition the court for writ of mandamus?
[01:15:21.460 --> 01:15:27.460]  Well, how long does all of that take?
[01:15:27.460 --> 01:15:29.460]  All of that take time.
[01:15:29.460 --> 01:15:37.460]  The thing that will take the least amount of time probably is send them both a tort letter
[01:15:37.460 --> 01:15:45.460]  and their refusal to accept payment and clear the lien could cost you the benefit of the
[01:15:45.460 --> 01:15:46.460]  bargain.
[01:15:46.460 --> 01:15:54.460]  That you want to sell this property and there's say there's a hundred grand owed on it, but
[01:15:54.460 --> 01:15:57.460]  you can sell it for two hundred thousand.
[01:15:57.460 --> 01:16:00.460]  Your benefit of that bargain is a hundred thousand.
[01:16:00.460 --> 01:16:06.460]  You can sue them for loss of the benefit of the bargain.
[01:16:06.460 --> 01:16:11.460]  So you send them a tort letter, a notice that I have a buyer for the house.
[01:16:11.460 --> 01:16:17.460]  I am prepared to provide a payoff.
[01:16:17.460 --> 01:16:20.460]  You've refused to accept payoff.
[01:16:20.460 --> 01:16:27.460]  If I lose this sale, I will sue you for the amount of the benefit of the bargain, the
[01:16:27.460 --> 01:16:32.460]  difference between what I owe you and what I can sell the property for.
[01:16:32.460 --> 01:16:33.460]  Okay.
[01:16:33.460 --> 01:16:37.460]  Now, okay, but you have two different people in two different locations.
[01:16:37.460 --> 01:16:41.460]  How do you send one check to where both of them would even know about it?
[01:16:41.460 --> 01:16:42.460]  No, you don't.
[01:16:42.460 --> 01:16:44.460]  You send them separate.
[01:16:44.460 --> 01:16:47.460]  Send them separate checks?
[01:16:47.460 --> 01:16:49.460]  Oh, no, no.
[01:16:49.460 --> 01:16:51.460]  Oh, a tort letter.
[01:16:51.460 --> 01:16:53.460]  Send them a tort letter.
[01:16:53.460 --> 01:16:57.460]  Send either one of them a check.
[01:16:57.460 --> 01:16:59.460]  You don't have...
[01:16:59.460 --> 01:17:00.460]  I love logos.
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[01:19:24.460 --> 01:19:47.460]  Okay, we are back.
[01:19:47.460 --> 01:19:54.460]  Randy Kelton, Wheel of Love Radio, and we're talking to Boris in Texas.
[01:19:54.460 --> 01:19:58.460]  And all you got to do is give them some motivation.
[01:19:58.460 --> 01:20:01.460]  You know, they're having marital issues.
[01:20:01.460 --> 01:20:02.460]  They're a problem.
[01:20:02.460 --> 01:20:04.460]  No, you're a problem.
[01:20:04.460 --> 01:20:05.460]  Yeah.
[01:20:05.460 --> 01:20:06.460]  Yeah.
[01:20:06.460 --> 01:20:07.460]  Yeah.
[01:20:07.460 --> 01:20:08.460]  Okay, tort letter.
[01:20:08.460 --> 01:20:17.460]  And then what was the, what about, hold off on the check if I send the tort letter to
[01:20:17.460 --> 01:20:18.460]  both of them.
[01:20:18.460 --> 01:20:21.460]  No, send a check to either one of them.
[01:20:21.460 --> 01:20:23.460]  Send a check to one of them.
[01:20:23.460 --> 01:20:29.460]  Send a notice to the other that you've sent a check in this amount and so-and-so has it.
[01:20:29.460 --> 01:20:41.460]  And you expect them to, this check affects payment of the debt in full.
[01:20:41.460 --> 01:20:46.460]  Please file a release of lien in the record immediately.
[01:20:46.460 --> 01:20:47.460]  Okay.
[01:20:47.460 --> 01:20:55.460]  Then give them a, you know, give them a week and then send them a couple days and send
[01:20:55.460 --> 01:21:00.460]  them another letter saying that you have a potential sale.
[01:21:00.460 --> 01:21:05.460]  You fail to keep up your end of the mortgage.
[01:21:05.460 --> 01:21:13.460]  If you continue to delay and I lose the sale, I'll hold you liable for the benefit of the
[01:21:13.460 --> 01:21:14.460]  bargain.
[01:21:14.460 --> 01:21:17.460]  In this case, the benefit of the bargain is this much.
[01:21:17.460 --> 01:21:19.460]  Make up a good note.
[01:21:19.460 --> 01:21:20.460]  Okay.
[01:21:20.460 --> 01:21:25.460]  All they need is a little motivation.
[01:21:25.460 --> 01:21:26.460]  Yeah.
[01:21:26.460 --> 01:21:27.460]  Right.
[01:21:27.460 --> 01:21:28.460]  And yeah.
[01:21:28.460 --> 01:21:29.460]  Okay.
[01:21:29.460 --> 01:21:36.460]  Now the first part you mentioned, where is the code, what code do you want for them?
[01:21:36.460 --> 01:21:41.460]  It's in the, I'll have to look up the codes.
[01:21:41.460 --> 01:21:42.460]  Send me an email.
[01:21:42.460 --> 01:21:45.460]  I'll look up the codes and send it to you.
[01:21:45.460 --> 01:21:46.460]  Yeah.
[01:21:46.460 --> 01:21:49.460]  If I just know vaguely where it is.
[01:21:49.460 --> 01:21:50.460]  Okay.
[01:21:50.460 --> 01:21:51.460]  Yeah.
[01:21:51.460 --> 01:21:56.460]  I just had a brain fizzle and I lost it.
[01:21:56.460 --> 01:22:00.460]  Not torts and remedies, not government code.
[01:22:00.460 --> 01:22:04.460]  I hate it when I lose terms.
[01:22:04.460 --> 01:22:05.460]  It gets worse as I get older.
[01:22:05.460 --> 01:22:06.460]  Send me an email though.
[01:22:06.460 --> 01:22:15.460]  I'll look it up and I'll look up the one that I'm referencing where offer made and offer
[01:22:15.460 --> 01:22:19.460]  refused is paid.
[01:22:19.460 --> 01:22:23.460]  I forget exactly how it's said, but send me an email.
[01:22:23.460 --> 01:22:25.460]  I'll get that to you.
[01:22:25.460 --> 01:22:26.460]  Okay.
[01:22:26.460 --> 01:22:31.460]  Now if it takes a while, could I possibly go ahead and lease it to the people that want
[01:22:31.460 --> 01:22:37.460]  to buy it while I'm working this through the system?
[01:22:37.460 --> 01:22:38.460]  Absolutely.
[01:22:38.460 --> 01:22:45.460]  Talk to the real estate agent, they've probably got a way to do that.
[01:22:45.460 --> 01:22:46.460]  Okay.
[01:22:46.460 --> 01:22:53.460]  Where you can make the sale and make the sale contingent on being able to clear title to
[01:22:53.460 --> 01:22:54.460]  these people.
[01:22:54.460 --> 01:23:04.460]  So you could go ahead and give them possession and they sign all the documents and you don't
[01:23:04.460 --> 01:23:10.460]  necessarily close on the sale until you can get clear title.
[01:23:10.460 --> 01:23:17.460]  But if you give the other side possession, then they have nothing to complain about.
[01:23:17.460 --> 01:23:18.460]  Yeah.
[01:23:18.460 --> 01:23:19.460]  Okay.
[01:23:19.460 --> 01:23:20.460]  Okay.
[01:23:20.460 --> 01:23:21.460]  Great.
[01:23:21.460 --> 01:23:22.460]  All right.
[01:23:22.460 --> 01:23:23.460]  I appreciate your time very much.
[01:23:23.460 --> 01:23:24.460]  Yeah.
[01:23:24.460 --> 01:23:25.460]  Thanks.
[01:23:25.460 --> 01:23:26.460]  Thanks a whole lot.
[01:23:26.460 --> 01:23:27.460]  Okay.
[01:23:27.460 --> 01:23:28.460]  Good luck for us.
[01:23:28.460 --> 01:23:29.460]  Thank you.
[01:23:29.460 --> 01:23:30.460]  Thank you.
[01:23:30.460 --> 01:23:31.460]  Have a good night.
[01:23:31.460 --> 01:23:32.460]  Okay.
[01:23:32.460 --> 01:23:33.460]  Now we're going to John in Texas.
[01:23:33.460 --> 01:23:34.460]  What do you have for us today?
[01:23:34.460 --> 01:23:42.860]  I think, I don't know if you remember, but a couple of months ago, you sent me this example
[01:23:42.860 --> 01:23:47.460]  for the challenge to jurisdiction.
[01:23:47.460 --> 01:23:48.460]  Yes.
[01:23:48.460 --> 01:23:53.460]  And so I'm looking at it and going through it.
[01:23:53.460 --> 01:23:59.460]  And see, yours was for inspection, I believe, and mine's a speeding ticket, so I'm trying
[01:23:59.460 --> 01:24:00.460]  to remember.
[01:24:00.460 --> 01:24:05.460]  No, that dirty rotten copper, he wrote me a ticket.
[01:24:05.460 --> 01:24:09.460]  I went to the clerk of the court and she said, can I help you?
[01:24:09.460 --> 01:24:12.460]  I said, yeah, that dirty rotten copper, he wrote me a ticket.
[01:24:12.460 --> 01:24:14.460]  And she said, he did.
[01:24:14.460 --> 01:24:15.460]  I said, yes, he did.
[01:24:15.460 --> 01:24:17.460]  Well, what'd he write you a ticket for?
[01:24:17.460 --> 01:24:20.460]  Well, he said my last, my registration was expired.
[01:24:20.460 --> 01:24:23.460]  And she said, well, was it expired?
[01:24:23.460 --> 01:24:27.460]  Yeah, but only six months.
[01:24:27.460 --> 01:24:30.460]  Okay.
[01:24:30.460 --> 01:24:35.460]  Well, I did make it.
[01:24:35.460 --> 01:24:41.460]  You're saying yours is a moving and mine wasn't, that you go into the wrong place.
[01:24:41.460 --> 01:24:42.460]  Okay.
[01:24:42.460 --> 01:24:47.460]  First rule, do not go to the merits.
[01:24:47.460 --> 01:24:49.460]  Got it.
[01:24:49.460 --> 01:24:57.460]  When you go to the merits, you get in to the discretion of the court and they will always
[01:24:57.460 --> 01:25:00.460]  use it against you.
[01:25:00.460 --> 01:25:05.460]  You can, there is a statute in there.
[01:25:05.460 --> 01:25:10.460]  You look up speed signs in the Texas transportation code.
[01:25:10.460 --> 01:25:19.460]  It will say speed limit signs are for the regulation of commercial traffic.
[01:25:19.460 --> 01:25:23.460]  That's 201.904, right?
[01:25:23.460 --> 01:25:25.460]  I don't have it memorized.
[01:25:25.460 --> 01:25:28.460]  Craig made, I don't do traffic quite as much.
[01:25:28.460 --> 01:25:31.460]  So I know them, but I don't know exactly where they're at that.
[01:25:31.460 --> 01:25:33.460]  But that sounds right.
[01:25:33.460 --> 01:25:36.460]  Okay.
[01:25:36.460 --> 01:25:49.460]  The first thing we want to go to is does the city have authority to enforce transportation
[01:25:49.460 --> 01:26:00.460]  code or is the city qualified to have the sheriff appoint a officer to enforce
[01:26:00.460 --> 01:26:03.460]  transportation code?
[01:26:03.460 --> 01:26:08.460]  Because the code says that the sheriff can appoint five people.
[01:26:08.460 --> 01:26:11.460]  Four of them have to be sheriff's deputies.
[01:26:11.460 --> 01:26:18.460]  One of them can be from a municipality that meets the one of these requirements and it
[01:26:18.460 --> 01:26:22.460]  lists all the requirements in there.
[01:26:22.460 --> 01:26:30.460]  Once a officer who is employed by one of these municipalities that meets the requirement,
[01:26:30.460 --> 01:26:43.460]  once he is selected or by the sheriff or nominated or whatever, then there are courses that he
[01:26:43.460 --> 01:26:47.460]  has to go through to get certified.
[01:26:47.460 --> 01:26:53.460]  The first thing you want to know is can this jurisdiction have an officer appointed for
[01:26:53.460 --> 01:26:54.460]  this purpose?
[01:26:54.460 --> 01:26:57.460]  And if he can, is this the one?
[01:26:57.460 --> 01:27:02.460]  And the way to determine if he's one is you ask for his certification.
[01:27:02.460 --> 01:27:06.460]  This is the one that stumped him.
[01:27:06.460 --> 01:27:14.460]  In the case you mentioned, I gave the two information requests to the chief of police
[01:27:14.460 --> 01:27:22.460]  and I knew him real well and he called me and asked, what is this?
[01:27:22.460 --> 01:27:27.460]  I said, oh, it's Fun and Games, Rex.
[01:27:27.460 --> 01:27:30.460]  He said he didn't know what I was asking.
[01:27:30.460 --> 01:27:35.460]  I said, well, I need to see, you know, it's pretty clear in here, I need to see your officer's
[01:27:35.460 --> 01:27:41.460]  certification authorizing them to enforce the text transportation code.
[01:27:41.460 --> 01:27:51.460]  He sent me an email, a letter back stating that he has no records responsive to my request
[01:27:51.460 --> 01:27:59.460]  as my officers do not enforce the commercial transportation code.
[01:27:59.460 --> 01:28:03.460]  Okay, that'll work.
[01:28:03.460 --> 01:28:05.460]  Works for me.
[01:28:05.460 --> 01:28:09.460]  And then I was supposed to show up at court at nine in the morning.
[01:28:09.460 --> 01:28:14.460]  I've got my days mixed up and I didn't show up until the afternoon.
[01:28:14.460 --> 01:28:23.460]  And I asked, the clerks were all upset because they wanted to watch and when it didn't show up,
[01:28:23.460 --> 01:28:25.460]  what did the prosecutor do?
[01:28:25.460 --> 01:28:27.460]  And she said, well, he dismissed the case.
[01:28:27.460 --> 01:28:28.460]  He did what?
[01:28:28.460 --> 01:28:33.460]  Wait a minute, he can't do that.
[01:28:33.460 --> 01:28:43.460]  But I called the chief of police and he said, no, Mr. Kelton, you're not going to have your fun at our expense.
[01:28:43.460 --> 01:28:44.460]  Oh, okay.
[01:28:44.460 --> 01:28:49.460]  So your question went to speeding.
[01:28:49.460 --> 01:28:50.460]  Yeah.
[01:28:50.460 --> 01:28:54.460]  And see, I've got the same thing that you got on from the officer.
[01:28:54.460 --> 01:29:02.460]  Of course, this is a county thing, but on 644-101 and 701.001,
[01:29:02.460 --> 01:29:08.460]  I got the same type of response from the constable who said,
[01:29:08.460 --> 01:29:13.460]  well, my department doesn't have any records of that or anything like that.
[01:29:13.460 --> 01:29:23.460]  So I'm trying to write this challenge to jurisdiction and I'm going to attach that letter that he sent me saying he doesn't have that.
[01:29:23.460 --> 01:29:25.460]  And that's my intention anyway.
[01:29:25.460 --> 01:29:29.460]  That sounds like that's what I would have done.
[01:29:29.460 --> 01:29:32.460]  Okay.
[01:29:32.460 --> 01:29:40.460]  I think if you're remembering the same one, I know I hear music, so I guess we're going to break.
[01:29:40.460 --> 01:29:41.460]  Okay.
[01:29:41.460 --> 01:29:44.460]  I'm glad you guys are hearing that music because I'm not.
[01:29:44.460 --> 01:29:45.460]  Hang on.
[01:29:45.460 --> 01:29:46.460]  Randy Kelton.
[01:29:46.460 --> 01:29:47.460]  Radio.
[01:29:47.460 --> 01:29:48.460]  Can I see you there?
[01:29:48.460 --> 01:29:51.460]  We'll try to get you before the show is over.
[01:29:51.460 --> 01:30:16.460]  We'll be right back.
[01:30:16.460 --> 01:30:21.460]  Privacy is under attack.
[01:30:21.460 --> 01:30:22.460]  When you give up data about yourself, you'll never get it back again.
[01:30:22.460 --> 01:30:26.460]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.460 --> 01:30:31.460]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.460 --> 01:30:34.460]  Privacy, it's worth hanging onto.
[01:30:34.460 --> 01:30:41.460]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.460 --> 01:30:45.460]  Start over with StartPage.
[01:30:45.460 --> 01:30:51.460]  Social media can mean a pink slip for employees who've had unflattering snapshots of themselves turn up on the Internet.
[01:30:51.460 --> 01:30:54.460]  But what if your livelihood depended on being anonymous?
[01:30:54.460 --> 01:30:57.460]  What if you were, say, an undercover agent?
[01:30:57.460 --> 01:31:02.460]  The Australian police is concerned that social media may be undermining covert operations.
[01:31:02.460 --> 01:31:09.460]  A survey found that 90% of female officers and 80% of male cops were using Facebook and Twitter.
[01:31:09.460 --> 01:31:15.460]  All respondents 26 and younger were exposed by uploading their photos to those websites.
[01:31:15.460 --> 01:31:22.460]  I guess this means aspiring cops need to take a cue from today's politicians and keep their photos off the web.
[01:31:22.460 --> 01:31:29.460]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:29.460 --> 01:31:35.460]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.460 --> 01:31:37.460]  The government says that fire brought it down.
[01:31:37.460 --> 01:31:42.460]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.460 --> 01:31:45.460]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.460 --> 01:31:48.460]  And thousands of my fellow force responders are dying.
[01:31:48.460 --> 01:31:49.460]  I'm not a conspiracy theorist.
[01:31:49.460 --> 01:31:50.460]  I'm a structural engineer.
[01:31:50.460 --> 01:31:51.460]  I'm a New York City correction officer.
[01:31:51.460 --> 01:31:52.460]  I'm an Air Force pilot.
[01:31:52.460 --> 01:31:54.460]  I'm a father who lost his son.
[01:31:54.460 --> 01:31:57.460]  We're Americans, and we deserve the truth.
[01:31:57.460 --> 01:32:00.460]  Go to RememberBuilding7.org today.
[01:32:00.460 --> 01:32:02.460]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.460 --> 01:32:05.460]  Did your home receive hail or wind damage from the recent storms?
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[01:32:08.460 --> 01:32:10.460]  But good luck getting them to pay for it.
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[01:32:12.460 --> 01:32:13.460]  But I'm serious about your roof.
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[01:32:37.460 --> 01:32:40.460]  Mention the crypto show and get $100 off.
[01:32:40.460 --> 01:32:44.460]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:44.460 --> 01:32:49.460]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:49.460 --> 01:32:55.460]  That's 512-992-8745 or hillcountryhomeimprovements.com.
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[01:32:58.460 --> 01:33:01.460]  May not actually be kidding about chemtrails.
[01:33:01.460 --> 01:33:04.460]  You are listening to the Logos Radio Network.
[01:33:04.460 --> 01:33:07.460]  Logosradionetwork.com.
[01:33:22.460 --> 01:33:24.460]  Okay, we are back.
[01:33:24.460 --> 01:33:25.460]  We're in Kelton.
[01:33:25.460 --> 01:33:29.460]  We were on the radio and I didn't run off the cliff that time.
[01:33:29.460 --> 01:33:31.460]  Okay.
[01:33:31.460 --> 01:33:39.460]  So you've got the letter from the constable saying that he doesn't have the certification.
[01:33:39.460 --> 01:33:41.460]  Right.
[01:33:41.460 --> 01:33:43.460]  That should be the motion to dismiss.
[01:33:43.460 --> 01:33:49.460]  If you remember, this motion is pretty long.
[01:33:49.460 --> 01:33:51.460]  It's like a 21-pager.
[01:33:51.460 --> 01:33:56.460]  I don't know if you're going to remember it exactly word for word, but it gets down to also,
[01:33:56.460 --> 01:34:04.460]  there's a point in it where the citation did not state a time and place to appear before magistrate.
[01:34:04.460 --> 01:34:08.460]  Yes, that was the next place I was going to go to.
[01:34:08.460 --> 01:34:13.460]  All of this is before merits.
[01:34:13.460 --> 01:34:16.460]  This goes to the sufficiency of the complaint.
[01:34:16.460 --> 01:34:25.460]  And 546.003.
[01:34:25.460 --> 01:34:29.460]  543.006.
[01:34:29.460 --> 01:34:31.460]  There we go.
[01:34:31.460 --> 01:34:32.460]  Okay.
[01:34:32.460 --> 01:34:33.460]  Oops.
[01:34:33.460 --> 01:34:35.460]  No.
[01:34:35.460 --> 01:34:41.460]  It starts with 3, 4, 5, 6, and 7.
[01:34:41.460 --> 01:34:51.460]  So 543.003 is the one that authorizes the officer to release a person rest.
[01:34:51.460 --> 01:34:53.460]  And that's what the code says.
[01:34:53.460 --> 01:34:55.460]  After arrest.
[01:34:55.460 --> 01:35:02.460]  If they sign a promise to appear before a magistrate.
[01:35:02.460 --> 01:35:04.460]  Okay.
[01:35:04.460 --> 01:35:10.460]  Do I have 007 in there?
[01:35:10.460 --> 01:35:11.460]  No, you may not.
[01:35:11.460 --> 01:35:13.460]  In there?
[01:35:13.460 --> 01:35:17.460]  The subject matter jurisdiction challenge.
[01:35:17.460 --> 01:35:27.460]  Do code of officer violate provision of section 543.005 through 543.007.
[01:35:27.460 --> 01:35:32.460]  Said officer is guilty of misconduct in office.
[01:35:32.460 --> 01:35:36.460]  Guilty of misconduct and subject to removal from office.
[01:35:36.460 --> 01:35:39.460]  Isn't that what it says?
[01:35:39.460 --> 01:35:44.460]  Violation of law by a public official relating to the office of said official,
[01:35:44.460 --> 01:35:49.460]  which has the effect of denying a citizen in the due course of the laws of the
[01:35:49.460 --> 01:35:53.460]  state and the violation of section 39.03 Texas Penal Code.
[01:35:53.460 --> 01:35:57.460]  Such violation of law beyond the scope of any public official,
[01:35:57.460 --> 01:36:06.460]  render the official void of jurisdiction and a trespasser on the law ab initio.
[01:36:06.460 --> 01:36:11.460]  And all his acts are defeated.
[01:36:11.460 --> 01:36:12.460]  That's what the case law says.
[01:36:12.460 --> 01:36:15.460]  That's actually taken out of case law.
[01:36:15.460 --> 01:36:25.460]  But I thought that 543.007 said an officer violates a provision of 543.005.
[01:36:25.460 --> 01:36:29.460]  I thought it was 003 through 7, but 5 through 7.
[01:36:29.460 --> 01:36:34.460]  Then he's guilty of misconduct and subject to removal from office.
[01:36:34.460 --> 01:36:36.460]  Okay.
[01:36:36.460 --> 01:36:39.460]  That was unusual.
[01:36:39.460 --> 01:36:40.460]  That goes to Call Warrantor.
[01:36:40.460 --> 01:36:43.460]  You don't see that in the Code very often.
[01:36:43.460 --> 01:36:49.460]  But okay, you're going in the right direction so far.
[01:36:49.460 --> 01:36:50.460]  Okay.
[01:36:50.460 --> 01:36:51.460]  Okay.
[01:36:51.460 --> 01:36:55.460]  So this is where my question would be.
[01:36:55.460 --> 01:36:56.460]  Did whatever.
[01:36:56.460 --> 01:36:57.460]  So he wrote me the ticket.
[01:36:57.460 --> 01:37:00.460]  He did an arrest or he did it, you know,
[01:37:00.460 --> 01:37:02.460]  technically whether you want to call that an arrest or not.
[01:37:02.460 --> 01:37:07.460]  But he stopped me and wrote me a ticket and released me on a signature.
[01:37:07.460 --> 01:37:16.460]  My next appearance was, I had, it was around, it was a little over 30 days was the time limit that I had.
[01:37:16.460 --> 01:37:25.460]  I appeared on time, but I went to the JP and told him I'm pleading not guilty and I want a jury trial.
[01:37:25.460 --> 01:37:27.460]  So I did that in person.
[01:37:27.460 --> 01:37:30.460]  Does that count as going to a magistrate or?
[01:37:30.460 --> 01:37:33.460]  Absolutely not.
[01:37:33.460 --> 01:37:34.460]  Okay.
[01:37:34.460 --> 01:37:39.460]  Did you plea before a magistrate or did you, you know, plea with the clerk?
[01:37:39.460 --> 01:37:44.460]  Well, you know, they give you the, it's just like your paper here says that you gave me.
[01:37:44.460 --> 01:37:49.460]  They give you instructions and you've been charged with this and that and all that.
[01:37:49.460 --> 01:37:55.460]  And then they, you fill it out and you check not guilty.
[01:37:55.460 --> 01:38:02.460]  Okay. This was the judge that did that, a magistrate or was it the clerk?
[01:38:02.460 --> 01:38:06.460]  The officer handed me this instruction.
[01:38:06.460 --> 01:38:10.460]  No, no, no, no, no. When you went to the court and entered your plea.
[01:38:10.460 --> 01:38:13.460]  Okay. And that was in front of a JP.
[01:38:13.460 --> 01:38:19.460]  I just went to his office on the date that, which you could have, I could have mailed it,
[01:38:19.460 --> 01:38:23.460]  but instead of mailing it, I just went down there and gave it to the JP.
[01:38:23.460 --> 01:38:26.460]  And, and told them I wanted a jury trial.
[01:38:26.460 --> 01:38:31.460]  Okay. You didn't ask for a examining trial.
[01:38:31.460 --> 01:38:35.460]  No, no. So that was it.
[01:38:35.460 --> 01:38:41.460]  Okay. Take the phone and beat yourself around the eyes of yours.
[01:38:41.460 --> 01:38:44.460]  I've been doing that for a while.
[01:38:44.460 --> 01:38:46.460]  I should have done that.
[01:38:46.460 --> 01:38:52.460]  Okay. Ken, hold on. Let me bring up Ken.
[01:38:52.460 --> 01:38:54.460]  Hello, Mr. Ken.
[01:38:54.460 --> 01:38:56.460]  How are you doing this evening?
[01:38:56.460 --> 01:39:03.460]  First comment I have is never use their forms.
[01:39:03.460 --> 01:39:04.460]  Okay.
[01:39:04.460 --> 01:39:13.460]  Okay. And we, Ken and I were just talking about this today, about the fact that, you know,
[01:39:13.460 --> 01:39:26.460]  I referenced this case that said that you weren't, didn't necessarily have a right to a examining trial in a misdemeanor case.
[01:39:26.460 --> 01:39:28.460]  I've got more information on that.
[01:39:28.460 --> 01:39:33.460]  Okay. I'll get to that. Let me frame where my position was and we'll see how your information fits.
[01:39:33.460 --> 01:39:34.460]  Okay.
[01:39:34.460 --> 01:39:40.460]  It was my position that doesn't make any difference what your rights are, what they're not.
[01:39:40.460 --> 01:39:47.460]  The statute requires the magistrate to do this thing.
[01:39:47.460 --> 01:39:57.460]  Now, if you don't request it, they can say, well, you don't have a complaint to make about you're not having an examining trial.
[01:39:57.460 --> 01:39:59.460]  Okay. Maybe they can do that.
[01:39:59.460 --> 01:40:04.460]  But that doesn't relieve the magistrate from the duty.
[01:40:04.460 --> 01:40:14.460]  If you appeared before the magistrate, he had a duty to convene an examining trial.
[01:40:14.460 --> 01:40:19.460]  If he didn't do that, the way I read it, that goes to 39.03.
[01:40:19.460 --> 01:40:23.460]  Okay, Ken, go ahead. You had a comment.
[01:40:23.460 --> 01:40:29.460]  Well, since we've been working on the examining trials all day today and we were,
[01:40:29.460 --> 01:40:38.460]  we found Bark v. State, which was a 1965 case that talked about that you don't have a right in misdemeanor cases.
[01:40:38.460 --> 01:40:42.460]  I came across two interesting documents, one that I'd already had,
[01:40:42.460 --> 01:40:48.460]  which is titled The Texas Criminal Justice Process, a Citizen's Guide,
[01:40:48.460 --> 01:40:53.460]  and it's put out by Criminal Justice Section, State Bar of Texas.
[01:40:53.460 --> 01:41:06.460]  The version I'm looking at right now says January 1, 1996, and says, revised in 2005, and it says, Examining Trial.
[01:41:06.460 --> 01:41:14.460]  The accused in any felony case has the right to request an examining trial before indictment and accounting having jurisdiction of the offense.
[01:41:14.460 --> 01:41:18.460]  The right terminates on the issuance of an indictment by the grand jury.
[01:41:18.460 --> 01:41:23.460]  There is no right for an examining trial in a misdemeanor case.
[01:41:23.460 --> 01:41:31.460]  They're citing 16.01, but they're flat out disregarding the United States Supreme Court case,
[01:41:31.460 --> 01:41:50.460]  which was decided in 1975 that said no, you have to provide a probable cause finding, whether we call it an examining trial or a probable cause finding,
[01:41:50.460 --> 01:41:57.460]  which is the equivalent of what Code of Criminal Procedure 16.17 says, they have to do it.
[01:41:57.460 --> 01:42:06.460]  I went out there to see if they had a new copy of this put out by the State Bar of Texas,
[01:42:06.460 --> 01:42:18.460]  and the language in the State Bar of Texas in the version that's dated July 9, 2012,
[01:42:18.460 --> 01:42:23.460]  says exactly the same thing as the previous version I just read.
[01:42:23.460 --> 01:42:30.460]  So the State Bar of Texas is giving out false information.
[01:42:30.460 --> 01:42:34.460]  False information intentionally, right.
[01:42:34.460 --> 01:42:37.460]  Figures.
[01:42:37.460 --> 01:42:48.460]  I also found out off topic, but I found out you could only make two complaints on the same attorney.
[01:42:48.460 --> 01:42:50.460]  Who told you that?
[01:42:50.460 --> 01:43:01.460]  Well, the bar sent me my third one back, and they said you've already made two complaints on this attorney,
[01:43:01.460 --> 01:43:06.460]  and so you're not allowed to make a third one.
[01:43:06.460 --> 01:43:13.460]  So I didn't ever call them, and I wanted to ask them so he can keep committing crimes, but I can't complain anymore.
[01:43:13.460 --> 01:43:15.460]  Is that the deal?
[01:43:15.460 --> 01:43:18.460]  I need a copy of this.
[01:43:18.460 --> 01:43:20.460]  I need a copy of this.
[01:43:20.460 --> 01:43:28.460]  Just so you understand, the Bar Association in Texas is under sunset review right now in the state legislature.
[01:43:28.460 --> 01:43:34.460]  They have an authorizing bill coming up in order to maintain their existence.
[01:43:34.460 --> 01:43:41.460]  I intend, as well as Randy intends, to testify about the criminal conduct of the Bar Association
[01:43:41.460 --> 01:43:43.460]  before the state legislature.
[01:43:43.460 --> 01:43:45.460]  We want that as evidence.
[01:43:45.460 --> 01:43:48.460]  Give me your email. I'll send it.
[01:43:48.460 --> 01:43:49.460]  Send it to Randy.
[01:43:49.460 --> 01:43:50.460]  Okay, daddy.
[01:43:50.460 --> 01:43:54.460]  Yeah, get it to me. I'd like to see that.
[01:43:54.460 --> 01:43:55.460]  All right.
[01:43:55.460 --> 01:44:00.460]  I haven't seen anything in the bar room.
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[01:46:20.460 --> 01:46:27.460]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to John in Texas,
[01:46:27.460 --> 01:46:31.460]  and I've got Ken Magnuson over here in the background.
[01:46:31.460 --> 01:46:35.460]  Okay, where were we when I fell over the cliff?
[01:46:37.460 --> 01:46:40.460]  The two complaints against the lawyer.
[01:46:40.460 --> 01:46:42.460]  Oh, yes.
[01:46:42.460 --> 01:46:50.460]  Okay, on my third complaint on the bar grievance, the third one was sent back,
[01:46:50.460 --> 01:46:56.460]  and then I thought that one was a good one because he didn't show up to court,
[01:46:56.460 --> 01:47:03.460]  and I had to send someone to go find him in the courthouse.
[01:47:03.460 --> 01:47:12.460]  I have a solution. Send a notice of tort to your lawyer.
[01:47:12.460 --> 01:47:15.460]  Now, this is the prosecutor.
[01:47:15.460 --> 01:47:18.460]  Send a notice of tort to him.
[01:47:18.460 --> 01:47:20.460]  Right.
[01:47:20.460 --> 01:47:29.460]  Okay, the lawyer can't be sued for what he does in the process of the prosecution,
[01:47:29.460 --> 01:47:35.460]  but failing to show up for court, that's a whole separate issue.
[01:47:35.460 --> 01:47:41.460]  Okay, hold on. Wait a minute.
[01:47:41.460 --> 01:47:44.460]  Are you the defendant?
[01:47:44.460 --> 01:47:46.460]  Yes, yes.
[01:47:46.460 --> 01:47:49.460]  Okay, and the prosecutor didn't show up?
[01:47:49.460 --> 01:47:55.460]  We did find him. After about half an hour, we did find him, so...
[01:47:55.460 --> 01:48:05.460]  Okay, wait a minute. The bar is saying you can't file more than two on a prosecutor?
[01:48:05.460 --> 01:48:15.460]  Yeah, I don't have it sitting in front of me, but the heading of the letter says multiple complaints,
[01:48:15.460 --> 01:48:22.460]  and it says, since you've already made two complaints on this attorney,
[01:48:22.460 --> 01:48:30.460]  you're only allowed to make two complaints, so we're returning this complaint to you.
[01:48:30.460 --> 01:48:34.460]  Does it have a signature on it?
[01:48:34.460 --> 01:48:38.460]  I believe it may. I don't know what I did.
[01:48:38.460 --> 01:48:43.460]  Make sure we get a copy of that. We're going to show that to the legislative committees.
[01:48:43.460 --> 01:48:47.460]  Yeah, it's got, you know, it's like a big package and everything,
[01:48:47.460 --> 01:48:53.460]  and it has the everything on it, all the letterhead and everything, so I can send that.
[01:48:53.460 --> 01:48:55.460]  I can get that to you, no problem.
[01:48:55.460 --> 01:48:59.460]  Oh, good. Just scan it if you can get it to you. That's all I need.
[01:48:59.460 --> 01:49:05.460]  Okay. A comment from the Peanut Gallery here is if a prosecutor doesn't show up
[01:49:05.460 --> 01:49:12.460]  and you had a scheduled hearing, move to dismiss the case for want of prosecution.
[01:49:12.460 --> 01:49:18.460]  He's not there. The state isn't represented. You're entitled to dismissal.
[01:49:18.460 --> 01:49:25.460]  Absolutely. Did the court, before they set the hearing date...
[01:49:25.460 --> 01:49:31.460]  Just to frame this up, I mean, it was a setup is what it was, because the judge wasn't there.
[01:49:31.460 --> 01:49:35.460]  The courtroom was, it wasn't, the lights weren't on in the courtroom,
[01:49:35.460 --> 01:49:38.460]  and I just figured they already had a warrant ready to go for me
[01:49:38.460 --> 01:49:41.460]  is the only reason I went looking for them in the first place.
[01:49:41.460 --> 01:49:45.460]  Because they had already said they were going to forfeit my bond
[01:49:45.460 --> 01:49:49.460]  and arrest me if I didn't show up, and so whenever I got there...
[01:49:49.460 --> 01:49:51.460]  And you got that in writing?
[01:49:51.460 --> 01:49:54.460]  Oh, yeah, I've got that for sure in writing.
[01:49:54.460 --> 01:50:01.460]  I mean, that's what the letter, the letter inviting me to court for this hearing
[01:50:01.460 --> 01:50:09.460]  was if you don't show up, you forfeit your bond and you will be arrested.
[01:50:09.460 --> 01:50:14.460]  How much are you worth an hour?
[01:50:14.460 --> 01:50:20.460]  How much would you be worth if you could be worth what you want to be worth?
[01:50:20.460 --> 01:50:23.460]  Oh, I'd say at least a thousand.
[01:50:23.460 --> 01:50:26.460]  Okay, bill them.
[01:50:26.460 --> 01:50:27.460]  Yeah.
[01:50:27.460 --> 01:50:29.460]  Bill the court for your time.
[01:50:29.460 --> 01:50:33.460]  They're not entitled to schedule a hearing and send you notice
[01:50:33.460 --> 01:50:38.460]  and then not have anybody there. You're still entitled to dismissal.
[01:50:38.460 --> 01:50:44.460]  Before setting the hearing, did they call you and say,
[01:50:44.460 --> 01:50:50.460]  well, John, would this be a good day for you to show up?
[01:50:50.460 --> 01:50:55.460]  No, they gave me 11 days of notice, which was, I guess that's just barely legal.
[01:50:55.460 --> 01:50:59.460]  You see, they picked a day at their convenience
[01:50:59.460 --> 01:51:06.460]  and ordered you to be there on this day at this time at their convenience.
[01:51:06.460 --> 01:51:09.460]  When they do that to you,
[01:51:09.460 --> 01:51:15.460]  they trigger a responsibility to be prepared on that day at that time.
[01:51:15.460 --> 01:51:19.460]  If they don't, you have a right to dismissal.
[01:51:19.460 --> 01:51:24.460]  They denied it on Wednesday because I asked for a dismissal.
[01:51:24.460 --> 01:51:32.460]  You should file criminally against the judge and the prosecutor for official oppression.
[01:51:32.460 --> 01:51:36.460]  Okay. I don't know if I had anything to do with it,
[01:51:36.460 --> 01:51:42.460]  but that particular prosecutor is no longer with the county.
[01:51:42.460 --> 01:51:45.460]  It might have something to do with my complaints
[01:51:45.460 --> 01:51:50.460]  or it could have been that he just made everybody else mad. I don't know.
[01:51:50.460 --> 01:51:59.460]  If you grieved him twice and then he left the county, you screwed it.
[01:51:59.460 --> 01:52:02.460]  How's he going to get malpractice insurance?
[01:52:02.460 --> 01:52:06.460]  Yeah, I don't know. That's a good question. That was my goal.
[01:52:06.460 --> 01:52:11.460]  Tim, tell about the lawyer you grieved years ago
[01:52:11.460 --> 01:52:15.460]  and then what happened as a result of that.
[01:52:15.460 --> 01:52:26.460]  Well, you met the election judge.
[01:52:26.460 --> 01:52:29.460]  I'm not recalling the story.
[01:52:29.460 --> 01:52:32.460]  You bar grieved a lawyer and you thought it didn't do anything
[01:52:32.460 --> 01:52:39.460]  and you were doing an election judging with another judge there who was head of a law firm.
[01:52:39.460 --> 01:52:45.460]  Right. What it was was there was an attorney that I grieved
[01:52:45.460 --> 01:52:50.460]  and didn't think it did any good and I actually sued him as well.
[01:52:50.460 --> 01:52:56.460]  The case got dismissed, but when I ran into another attorney,
[01:52:56.460 --> 01:53:00.460]  his partner was running for actually Congress.
[01:53:00.460 --> 01:53:03.460]  It wasn't an election. It was about an election.
[01:53:03.460 --> 01:53:09.460]  His partner was running for a client who was running for U.S. Congress against Dick Armey
[01:53:09.460 --> 01:53:14.460]  and essentially I met his partner, Lynch, and we were talking about something
[01:53:14.460 --> 01:53:24.460]  and he says, oh, you're the guy that put Elliptica out of business.
[01:53:24.460 --> 01:53:30.460]  He's working for their firm because I filed grievances and all his lawyers left.
[01:53:30.460 --> 01:53:33.460]  His paralegals left. Everybody left.
[01:53:33.460 --> 01:53:37.460]  And now he was working as a staff attorney for a different law firm
[01:53:37.460 --> 01:53:44.460]  and he says, you have no idea how much damage you've done to his profits.
[01:53:44.460 --> 01:53:48.460]  Well, you know what's funny is I have no idea what it is about.
[01:53:48.460 --> 01:53:50.460]  Maybe it's too much testosterone or something,
[01:53:50.460 --> 01:53:55.460]  but he had plenty of chances to drop this thing and he just wanted to keep going.
[01:53:55.460 --> 01:53:58.460]  It's illegal. Yeah.
[01:53:58.460 --> 01:54:02.460]  Consider the lawyer that goes to work for the county.
[01:54:02.460 --> 01:54:08.460]  If he was one of the sharper knives in the door, he'd be out making the big bucks.
[01:54:08.460 --> 01:54:12.460]  These are the guys that thought they were a mascot for the beer companies
[01:54:12.460 --> 01:54:16.460]  while daddy was paying for their education and they get out.
[01:54:16.460 --> 01:54:20.460]  No law firm is going to pick them up because the grades stink.
[01:54:20.460 --> 01:54:23.460]  So they go for the county where they don't have to do anything.
[01:54:23.460 --> 01:54:27.460]  So we get these guys.
[01:54:27.460 --> 01:54:33.460]  That's where we're at.
[01:54:33.460 --> 01:54:39.460]  Am I dead in the water since I didn't ask for the examining trial?
[01:54:39.460 --> 01:54:43.460]  Is that just the section I'm not going to be able to ask for with them?
[01:54:43.460 --> 01:54:50.460]  No. You can go after them anyway. Let them try to adjudicate it.
[01:54:50.460 --> 01:54:53.460]  My argument is it doesn't matter if you ask for it or not.
[01:54:53.460 --> 01:54:59.460]  The judge has a duty to hold an examining trial and he didn't.
[01:54:59.460 --> 01:55:02.460]  Now, let me explain this way.
[01:55:02.460 --> 01:55:10.460]  I haven't studied all the cases, but saying that you don't have a right to one unless you ask for it,
[01:55:10.460 --> 01:55:19.460]  what they're really saying is you don't have standing to complain about it if you didn't ask for it.
[01:55:19.460 --> 01:55:24.460]  Okay, I can handle that. On the other side,
[01:55:24.460 --> 01:55:33.460]  the magistrate is required by statute to make a determination of probable cause under 16.17
[01:55:33.460 --> 01:55:39.460]  if there's not one made within 48 hours of finding that no probable cause is entered in the court.
[01:55:39.460 --> 01:55:47.460]  He has a statutory duty and whether you ask for it or not, he has a duty.
[01:55:47.460 --> 01:55:51.460]  His duty doesn't go away just because you don't ask for it.
[01:55:51.460 --> 01:55:56.460]  You don't have to invoke the law by bringing it up.
[01:55:56.460 --> 01:56:00.460]  The law applies whether you invoke it or not. That's my position.
[01:56:00.460 --> 01:56:10.460]  Even though you can't complain in your case and use that as a affirmative defense,
[01:56:10.460 --> 01:56:16.460]  you can file criminal charges against that guy for misfeasance in office.
[01:56:16.460 --> 01:56:24.460]  No, the finding of no probable cause is entered. They have no jurisdiction.
[01:56:24.460 --> 01:56:27.460]  You see how you can move forward.
[01:56:27.460 --> 01:56:33.460]  I guess that's what 16.17 says is that finding of no probable cause is entered,
[01:56:33.460 --> 01:56:37.460]  so there's another one where they have no jurisdiction again.
[01:56:37.460 --> 01:56:47.460]  My question is what part of that is hard to understand?
[01:56:47.460 --> 01:56:52.460]  In this case, it says you don't have a right to an examining trial in a misdemeanor.
[01:56:52.460 --> 01:56:59.460]  Okay, if I don't have a right to an examining trial, the judge has no authority to do one.
[01:56:59.460 --> 01:57:05.460]  Therefore, how do you get a warrant in a misdemeanor case?
[01:57:05.460 --> 01:57:11.460]  A warrant is issued in civil warrants after examining trial, 1620.
[01:57:11.460 --> 01:57:16.460]  So they can't issue a warrant if they can't hold an examining trial.
[01:57:16.460 --> 01:57:20.460]  How does this work, guys?
[01:57:20.460 --> 01:57:24.460]  It screws up the corpus juris.
[01:57:24.460 --> 01:57:31.460]  There's way too much in the law that depends on examining trials.
[01:57:31.460 --> 01:57:36.460]  1730 is how jurisdiction gets from magistrate to the court.
[01:57:36.460 --> 01:57:39.460]  He's required to seal all the documents he had in the hearing
[01:57:39.460 --> 01:57:41.460]  because his name to be written across the seal of the envelope
[01:57:41.460 --> 01:57:43.460]  reported to the clerk of the court of jurisdiction.
[01:57:43.460 --> 01:57:48.460]  If he can't hold an examining trial, there is no determination of probable cause.
[01:57:48.460 --> 01:57:51.460]  The complaint is never forwarded to the clerk of the court.
[01:57:51.460 --> 01:57:54.460]  They can't have a case.
[01:57:54.460 --> 01:58:02.460]  So this is the one thing I'm working on more than any right now between this and the grand jury.
[01:58:02.460 --> 01:58:06.460]  If it'll help you any, I'll send you this when I'm done writing,
[01:58:06.460 --> 01:58:08.460]  which, I mean, it's almost the same as what you've got,
[01:58:08.460 --> 01:58:12.460]  but I'll just add a little bit, you know, because it's speeding instead of a...
[01:58:12.460 --> 01:58:14.460]  Yeah, I would like to see that.
[01:58:14.460 --> 01:58:17.460]  Then I will plagiarize a couple out of it.
[01:58:17.460 --> 01:58:19.460]  All right, sounds good to me.
[01:58:19.460 --> 01:58:22.460]  Okay, thank you, guys. We are out of time.
[01:58:22.460 --> 01:58:25.460]  This is Randy Kelton, the ruler of our radio.
[01:58:25.460 --> 01:58:27.460]  Thank you, Ken.
[01:58:27.460 --> 01:58:30.460]  And we'll be back next week with our regular shows.
[01:58:30.460 --> 01:58:31.460]  Thank you all for listening.
[01:58:31.460 --> 01:58:37.460]  And make sure you go to Logos Radio Network and check out our sponsors
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[01:58:45.460 --> 01:58:49.460]  Thank you all for listening. Good night.
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