ROL_2017-03-10_16k_Hr1-2.timecode

[00:00.000 --> 00:06.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing you jelly
[00:06.000 --> 00:08.000]  bulletins for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates, and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:27.000]  Markets for Friday, the 10th of March, 2017, are currently trading with gold at $1,197.81
[00:27.000 --> 00:34.000]  an ounce, silver at $16.89 an ounce, taxes crude at $49.28 a barrel, and Bitcoin is at
[00:34.000 --> 00:43.000]  $1,198 U.S. currency.
[00:43.000 --> 00:49.000]  Today in history, the year 1959, the Tibetan uprising, fearing the abduction attempt by
[00:49.000 --> 00:54.000]  China, 300,000 Tibetans surround the Dalai Lama's palace to prevent his removal.
[00:54.000 --> 00:59.000]  Today in history.
[00:59.000 --> 01:03.000]  In recent news, according to new figures released by the U.S. Customs and Border Protection,
[01:03.000 --> 01:07.000]  the number of immigrants caught by Border Patrol agents attempting to cross the southwest
[01:07.000 --> 01:10.000]  border has dropped 40 percent since President Trump took office.
[01:10.000 --> 01:15.000]  On average, 1,300 a day were being stopped in January, and now that figure has dropped
[01:15.000 --> 01:20.000]  to about 840, which is totally unlike the usual 10 to 20 percent surge usually seen
[01:20.000 --> 01:21.000]  in February.
[01:21.000 --> 01:25.000]  Homeland Security Secretary John Kelly stated that, quote, the early results show that
[01:25.000 --> 01:29.000]  enforcement matters, deterrence matters, and that the comprehensive immigration enforcement
[01:29.000 --> 01:31.000]  can make an impact.
[01:31.000 --> 01:35.000]  Fewer people are putting themselves and their families at risk of exploitation, assault
[01:35.000 --> 01:40.000]  and injury by human traffickers, and the physical dangers of the treacherous journey north.
[01:40.000 --> 01:44.000]  Thalia Hipsman, a policy analyst at the Migration Policy Institute Think Tank in Washington,
[01:44.000 --> 01:49.000]  D.C., attributes the change to perception, saying that, quote, what we're seeing is really
[01:49.000 --> 01:54.000]  about perception. The orders offer the possibility of very meaningful changes at the border,
[01:54.000 --> 01:59.000]  increased attentions, more people subject to rapid deportations, so that creates a perception
[01:59.000 --> 02:03.000]  that is more difficult to reach the United States. More importantly, there is a lot of
[02:03.000 --> 02:07.000]  fear inside of the U.S., and those feedback loops reach people who are thinking about
[02:07.000 --> 02:12.000]  making the journey.
[02:12.000 --> 02:16.000]  The Volkswagen Group pleaded guilty Friday today to three charges of fraud, obstruction
[02:16.000 --> 02:20.000]  of justice, and misrepresenting the capability of vehicles with diesel engines imported into
[02:20.000 --> 02:25.000]  the United States. U.S. District Court Judge Sean Cox in Detroit accepted the plea, but
[02:25.000 --> 02:30.000]  wants more time to review the terms of the settlement, which proposes a $2.8 billion
[02:30.000 --> 02:35.000]  criminal fine, a $1.5 billion settlement for environmental customs and financial violations,
[02:35.000 --> 02:41.000]  and settlements worth about $17 billion for U.S. consumers and dealers who own the automakers'
[02:41.000 --> 02:46.000]  diesel vehicles. Another hearing was set for April 21st. Eligible Volkswagen and Audi vehicles
[02:46.000 --> 02:51.000]  include a wide variety of two- and three-liter, four- and six-cylinder diesel engine models
[02:51.000 --> 02:54.000]  spanning from 2009 to 2016.
[02:54.000 --> 03:12.000]  This was Brook Roadie with your Lowdown for March 10th, 2017.
[03:24.000 --> 03:49.000]  This was Brook Roadie with your Lowdown for March 10th, 2017.
[03:49.000 --> 04:09.000]  This was Brook Roadie with your Lowdown for March 10th, 2017.
[04:09.000 --> 04:29.000]  This was Brook Roadie with your Lowdown for March 10th, 2017.
[04:29.000 --> 04:49.000]  This was Brook Roadie with your Lowdown for March 10th, 2017.
[04:49.000 --> 04:56.000]  This was Brook Roadie with your Lowdown for March 10th, 2017.
[04:56.000 --> 04:58.000]  This was Brook Roadie with your Lowdown for March 10th, 2017.
[05:26.000 --> 05:32.880]  act as the producer and the host and that gets somewhat complex every once in a while so
[05:34.000 --> 05:41.600]  bear with me. We are going to do our four hour show tonight so if you have a question or a
[05:41.600 --> 05:48.000]  comment give us a call 512-646-1984 and we are running our
[05:48.000 --> 06:00.560]  four hour giveaway for the AR-15. We have an AR-15 gun giveaway this year so if you're interested
[06:00.560 --> 06:09.280]  in getting in the drawing go to Logos Radio Network and for every ten if you donate you will
[06:09.280 --> 06:16.320]  get a chance in the drawing I'm sorry for every 25 you donate you get a chance in the drawing for
[06:16.320 --> 06:26.720]  the AR-15 we're giving away we're also selling the legal the ebook Legal 101
[06:28.320 --> 06:36.800]  and 80s traffic seminar and Dr. Frederick Graves jurisdictionary. If you listen to this program
[06:36.800 --> 06:48.400]  and you find benefit and value or if you have a legal issue and you want to be able to protect
[06:48.400 --> 06:56.240]  yourself and you don't know anything about law my suggestion is first thing you do is go get
[06:56.240 --> 07:07.520]  go to Logos Radio Network and get Dr. Graves jurisdictionary go through his 24 cds when you've
[07:07.520 --> 07:18.160]  gone through those cds you basically understand a large part of what lawyers don't know when they
[07:18.160 --> 07:26.560]  get out of law school lawyers in law school learn how to argue legal issues they don't really learn
[07:26.560 --> 07:32.560]  how to practice law they don't learn how to file motions get motions put on for the hearing
[07:34.080 --> 07:41.920]  they learn some about how to write motions but the basic knowledge of the practice of law they
[07:41.920 --> 07:48.880]  don't get in law school every law student who gets out of law school gets his bar card should get
[07:48.880 --> 07:55.280]  jurisdictionary and go through it it'll tell him the basic hands-on stuff he needs to know to be
[07:55.280 --> 08:05.520]  able to maneuver in the legal system and once you're through with jurisdictionary then get the
[08:05.520 --> 08:14.880]  the legal 101 ebook i don't go through the basics of how to file motions and get them put on for
[08:14.880 --> 08:22.080]  hearing and the kinds of things that for the most part Dr. Graves goes through i kind of go to the
[08:22.080 --> 08:32.000]  next step this is how it works out here in the real world without regard to this nonsense they
[08:32.000 --> 08:40.480]  taught you in high school yeah we all heard that stuff how we live in a land of law and we have
[08:40.480 --> 08:52.640]  all these in a the alienable rights well the courts spoke very well when they said rights belong to
[08:52.640 --> 09:00.320]  the belligerent litigants you only have your rights if you're willing to take them because
[09:00.320 --> 09:08.880]  no one is going to give them to you there seems to be well they're actually the schools promote
[09:08.880 --> 09:19.760]  this entitlement mentality they promote this notion that people will simply do what the law
[09:19.760 --> 09:25.840]  says because the law says it well out here in the real world you're not working
[09:25.840 --> 09:34.320]  where you live in it just doesn't work that way people will accord you your rights if you make
[09:34.320 --> 09:45.680]  them if you give them good cause and give them the specter of of persecution if they don't
[09:45.680 --> 09:55.760]  and in legal 101 we will show you how to visit a legal persecution on errant public officials
[09:56.720 --> 10:05.200]  and if you have ticket issues and not just ticket issues Eddie Craig in his traffic seminar
[10:06.720 --> 10:13.840]  deals primarily with tickets but he also talks about what i do from a different perspective
[10:13.840 --> 10:17.520]  we're different people with a whole different background a whole different way of going about
[10:17.520 --> 10:24.000]  it but he talks about how to go out about preserving your rights but once you've been
[10:24.000 --> 10:29.840]  through these courses and you're driving down the street and those little red lights come on behind
[10:29.840 --> 10:37.920]  you you won't get that those butterflies in the pit of your stomach anymore you look up in your
[10:37.920 --> 10:44.480]  rearview mirror and you'll think go ahead baby take your best shot and i will give you a romp
[10:44.480 --> 10:51.440]  through the legal system you are not going to believe so that's my story on that and we'll be
[10:51.440 --> 10:57.200]  running our fundraiser for a while now and we certainly need all the help we can get where
[10:57.200 --> 11:02.320]  as you if you listened last week and tried to call in you'll notice we ran an archive
[11:02.320 --> 11:08.880]  and it's because we we're struggling with a lot of our technology we're unable to upgrade to the
[11:08.880 --> 11:17.680]  higher quality of equipment that we'd like to but it is what it is and we take what resources we
[11:17.680 --> 11:25.680]  have and so far Debra has done an incredible job of keeping this network on the air but she needs
[11:25.680 --> 11:33.360]  your help and our help so help us out as much as you can we're going to go to callers we've got a
[11:33.360 --> 11:40.720]  couple callers on the board already we're going to go to Dave in i don't know where Dave is at
[11:40.720 --> 11:53.680]  858 i think that's a texas it's james hello Dave yeah hello Randy um i was i had a trial on monday
[11:53.680 --> 12:08.640]  and um the judge said that for my witnesses i couldn't ask them a yes or no question does that
[12:08.640 --> 12:18.640]  sound right no your witnesses you certainly can ask them a yes no question you can't ask them a
[12:18.640 --> 12:26.560]  leading question you knew that was wrong didn't you that's a leading question you can ask a leading
[12:26.560 --> 12:36.640]  question on cross but you you can't ask your uh witness a leading question but to ask a yes no
[12:36.640 --> 12:49.280]  question absolutely okay now when i questioned the defendant uh in this case or their their lawyers
[12:49.280 --> 13:00.880]  witnesses then the judge said you can only ask a yes or no question does that sound right no
[13:00.880 --> 13:07.440]  now when you're asked when you're crossing a witness now you can ask leading questions pretty
[13:07.440 --> 13:15.840]  well ask what you want to as long as the question is designed to elicit personal knowledge of the
[13:15.840 --> 13:36.480]  individual okay all right okay um i in my petition i raised the question of discrimination
[13:36.480 --> 13:47.200]  the question of discrimination and before the trial the judge called me to her uh counter there
[13:48.000 --> 14:00.080]  and said mr david um this is not um discrimination against a disabled american is not
[14:00.080 --> 14:09.680]  a legitimate um cause of action for this this court you have to contact social security or
[14:09.680 --> 14:19.440]  something that's it's so i think she's right on that or is she hold on hold on uh what is she doing
[14:20.240 --> 14:28.720]  talking to you in an aside well she called the other attorney too she called us both to
[14:28.720 --> 14:43.360]  the uh to the judges desk there uh her mount and and said um you you you cannot um you know this
[14:43.360 --> 14:48.720]  court will not hear uh discrimination against a disabled american
[14:48.720 --> 14:56.080]  against a disabled american okay what what was the nature of the hearing
[14:59.120 --> 15:07.200]  uh the nature of the hearing was hold on hold on the reason i'm asking that
[15:08.240 --> 15:16.640]  if so i could look at it and say is discrimination against you where discrimination is a violation of
[15:16.640 --> 15:19.120]  law relevant in this case
[15:24.480 --> 15:30.000]  so what was the nature of your case as it related to you're being discriminated against
[15:30.000 --> 15:53.920]  um i the nature that i wrote in my petition that i did not have um right of way in in my uh apartment
[15:53.920 --> 16:03.200]  setting i i did not have access the word was access like you know okay okay let me okay so
[16:03.200 --> 16:10.320]  you're claiming you were denied act you were denied accommodation under the americans disabilities act
[16:11.440 --> 16:22.080]  by the apartment not providing you uh access for disabled and did you cite that under the building
[16:22.080 --> 16:36.080]  codes the building codes require that no i did not cite a building code it might okay keep in mind
[16:36.080 --> 16:43.840]  everything you're doing in the trial court is setting the record for appeal if you cited the
[16:43.840 --> 16:50.080]  right issue even if you didn't state it artfully you may still have access to it hang on going to
[16:50.080 --> 16:57.440]  break granda kelton real blood radio or call in number 512-646-1984 we'll be right back
[17:00.240 --> 17:06.240]  dang cookie cookie me love cookies oh hi cookie munchers no these are yucky cookies
[17:06.240 --> 17:13.120]  cookies yucky no no bad cookies you can't even eat these cookies these are cyber cookies no can
[17:13.120 --> 17:18.880]  you eat no they're cyber cookies and they clog up your computer these have apples really oh
[17:18.880 --> 17:26.800]  that's an actual apple yummy apple i'm going to throw away these yucky cookies in the trash
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[17:58.640 --> 18:04.400]  are classified are you being harassed by debt collectors with phone calls letters or even
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[18:21.120 --> 18:26.640]  to do when contacted by phones mail or court summons how to answer letters and phone calls
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[18:37.200 --> 18:42.640]  to stop debt collectors personal consultation is available as well for more information please
[18:42.640 --> 18:47.920]  visit rule of law radio.com and click on the blue michael mirrors banner or email michael
[18:47.920 --> 18:57.440]  mirrors at yahoo.com that's rule of law radio.com or email m i c h a e l m i r r a s at yahoo.com
[18:57.440 --> 19:16.720]  to learn how to stop debt collectors now you are listening to the logos radio network logos radio
[19:16.720 --> 19:30.160]  okay we are back randall kelton rule of law radio and we're talking to dave in texas okay dave
[19:31.200 --> 19:37.600]  uh keep in mind your only purpose in the trial court is to set the record for appeal
[19:37.600 --> 19:48.480]  and that's from dr graves so look at the okay at each point where the judge stopped you from
[19:49.520 --> 19:55.760]  taking an action or asking a question or raising an issue did you raise an objection?
[19:55.760 --> 20:08.400]  objection um no i only objected when the lawyer was cross-examining my witnesses
[20:10.320 --> 20:18.400]  okay you should object often if you're doing your job right you will object to the point you
[20:18.400 --> 20:27.120]  annoy the judge but who cares if the judge is annoyed the judge is there to determine the
[20:27.120 --> 20:31.280]  facts in accordance with the rules of evidence then apply the law as it comes to him to the
[20:31.280 --> 20:35.920]  facts in the case so if the judge isn't annoyed you don't care you're there to get the facts
[20:35.920 --> 20:50.800]  in the law on the record right right so did okay back to the issue of the america disabilities act
[20:50.800 --> 20:56.800]  what was the nature of your okay you you claimed that they didn't provide
[20:56.800 --> 21:04.880]  a handicap access how did that go to an issue that was before the court?
[21:06.880 --> 21:22.720]  well it it it never it never the judge didn't approve it and honestly i did not word my
[21:22.720 --> 21:33.120]  my petition correctly um i i mean well i thought i did i thought it was acceptable but i
[21:35.120 --> 21:37.840]  okay okay now let me take a step back from that
[21:39.840 --> 21:50.080]  was this okay as if i remember right this is a rental contract claim correct?
[21:50.080 --> 21:58.720]  right right so so you're making a claim a breach of contract by the
[22:00.960 --> 22:12.640]  apartment complex right right and your contract includes the rights accorded under all the laws
[22:12.640 --> 22:23.680]  that apply to the to the rent e rent or right and the rent e they're the rent e they're the ones
[22:23.680 --> 22:31.920]  that's renting it to you and their laws they have to follow the presumption in the contract is
[22:32.800 --> 22:40.240]  that both parties will abide by all law i'm sure you have a clause in the contract to that effect
[22:40.240 --> 22:52.000]  right if you don't it's implicit so it is implied at the very least that you have a right to access
[22:52.000 --> 23:01.920]  to the property that you rented so this would go to breach of contract what was the
[23:01.920 --> 23:09.760]  then is there any claim in your petition that this could be construed to fall under
[23:12.400 --> 23:15.040]  this claim of american disability with disabilities
[23:17.520 --> 23:25.760]  maybe randy it's they moved all of my furniture in my bed out of my bedroom
[23:25.760 --> 23:35.600]  and into the kitchen and started repairing my room but they never repaired it and they said
[23:35.600 --> 23:45.040]  i couldn't go back in the room and little did they know that i just happened to have an operation
[23:45.040 --> 23:55.040]  that week and so i was literally stuck in the kitchen and i didn't have access to my bathroom
[23:55.040 --> 24:01.920]  or my room so i don't know if that qualifies i would say that qualifies when after they
[24:02.560 --> 24:10.320]  okay you said little did they know did they find out at the time that this action would leave
[24:11.040 --> 24:12.960]  the apartment inaccessible to you
[24:15.200 --> 24:22.240]  yes my nurse went down to the head office and basically yelled and screamed at them that
[24:22.240 --> 24:32.960]  that i was bleeding profusely from an operation and that i needed to be in my room near a bathroom
[24:35.520 --> 24:43.840]  and they didn't respond how did this the question i'm going to is how are you harmed by this
[24:45.040 --> 24:48.400]  now i know it's obviously that you were harmed but i'm looking for
[24:48.400 --> 24:52.800]  as much harm as we can find and what's that harm claimed in your petition
[24:56.400 --> 25:06.720]  um i i um i claimed to mental uh i claimed stress mental stress
[25:06.720 --> 25:18.480]  and i did not claim although there was they did not claim um physical
[25:19.840 --> 25:26.720]  abuse i just claimed that i didn't have access to my room
[25:26.720 --> 25:37.280]  um and the judge didn't make it okay what was the outcome of the trial
[25:39.360 --> 25:43.200]  the outcome was that i lost
[25:43.200 --> 25:53.760]  the outcome was that i lost okay how did the judge rule did she deny your claims or did she deny your
[25:53.760 --> 26:10.800]  claims with prejudice she no there was it was this was a trial with members so she simply submitted
[26:10.800 --> 26:25.920]  submitted um two pages to the jury did um she only allowed me to claim i think negligence
[26:25.920 --> 26:34.400]  did the negligence by this apartment company cause me a financial duress
[26:34.400 --> 26:47.200]  um and it was just well yes or no and the other page was um is the uh defendant
[26:50.720 --> 26:55.840]  um entitled to attorney's fees
[26:55.840 --> 27:01.920]  fees so um
[27:05.680 --> 27:17.040]  okay this sounds pretty short yeah and to say did you have more than one cause of action
[27:17.040 --> 27:24.880]  uh yes i had a breach of contract where as we discussed last week well this was
[27:26.560 --> 27:36.560]  i mean i uh stated uh well i brought up the baseboards and i stated that
[27:37.360 --> 27:42.880]  there was no mention that i was liable for baseboards and the lease and the judge agreed with
[27:42.880 --> 27:59.040]  that and uh and um however when the um defendant's attorney interviewed the property manager
[27:59.840 --> 28:09.440]  uh he pointed out that there was one sentence in the lease that um
[28:09.440 --> 28:16.800]  um said that they could charge me for absolutely anything in the apartment
[28:20.160 --> 28:32.800]  okay this goes now you're any covenant of the contract can be ruled to be unconscionable
[28:32.800 --> 28:41.920]  unconscionable where when you read the contract it appears to be a reasonable covenant that
[28:42.480 --> 28:49.760]  a reasonable person could agree to but it can be unconscionable in the way that it's applied
[28:49.760 --> 28:57.760]  so if they have a sentence in there that can be construed to grant them carte blanche
[28:57.760 --> 29:02.960]  when a reasonable person of ordinary prudence could read that and not necessarily come to
[29:02.960 --> 29:08.640]  that conclusion you can claim that it's unconscionable but the difficulty here is that this is somewhat
[29:08.640 --> 29:16.160]  complex and for a pro se the first time to understand these complexities would be kind
[29:16.160 --> 29:24.160]  of would be very difficult you know i can handle those now but the first eight or ten
[29:24.160 --> 29:29.120]  years that i did this these kinds of complex arguments would have been very difficult for
[29:29.120 --> 29:35.040]  me so if they were difficult for you i i fully understand it hang on about to go to break
[29:35.760 --> 29:43.360]  randy telson the rule of law radio our call-in number 512-646-1984 this is the bottom of the
[29:43.360 --> 29:47.760]  hour we've got a little extra time it's a three minute break so it's a good time to go to logos
[29:47.760 --> 29:55.760]  radio network and put in a donation for our gun giveaway we'll be right back
[30:03.120 --> 30:08.560]  powerpoint has crept into our lives and reached the level of near obsession in corporate america
[30:08.560 --> 30:13.120]  are we going overboard with it i've got your catherine albrecht back with a commentary on
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[30:20.400 --> 30:25.440]  about yourself you'll never get it back again and once your privacy is gone you'll find your
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[32:06.320 --> 32:10.080]  america we live in an us against them society if we the people are ever going to have a free
[32:10.080 --> 32:14.240]  society then we're going to have to stand and defend our own rights among those rights are
[32:14.240 --> 32:17.920]  the right to travel freely from place to place the right to act in our own private capacity and
[32:17.920 --> 32:22.400]  most importantly the right to due process of law traffic courts afford us the least expensive
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[32:42.880 --> 32:47.200]  eddie's book the texas transportation code the law versus the lie video and audio of the original
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[33:25.840 --> 33:32.640]  okay we are back randy chelton rule of law radio and we're talking to dave in texas
[33:32.640 --> 33:41.680]  this is difficult dave and you're fighting something that being a contract issue is difficult
[33:42.800 --> 33:49.520]  to not only to fight but to understand all the dirty rotten tricks the lawyer can prove
[33:49.520 --> 33:56.320]  can can pull on you and in listening to you you sound tired and frustrated
[33:56.320 --> 34:04.240]  and frankly i empathize with that because i know exactly how that feels if i've been through these
[34:04.240 --> 34:12.640]  where like when we were it was over i had been run over by a truck would you say that is accurate
[34:12.640 --> 34:25.200]  would you say that is accurate yes i was accurate and while you're mentioning that i something that
[34:25.920 --> 34:31.920]  you mentioned at the beginning of this program how dirty the law is but i didn't think it was
[34:31.920 --> 34:42.960]  was randy what i witnessed in the back of the courtroom was that this as the lawyers witnesses
[34:43.840 --> 34:49.280]  and these are people i had subpoenaed which is basically the management team here that he
[34:49.920 --> 35:00.400]  basically told them what to say and what to lie about and so when i got these guys up on
[35:00.400 --> 35:12.160]  on the stand they outright lied and my point is can i use this somehow when i appeal at the county
[35:14.000 --> 35:24.800]  oh this was a jp court hearing yeah oh well that's good because you get it this is you get a do-over
[35:24.800 --> 35:31.680]  yeah yeah so this is like now you get to find out all the garb
[35:34.960 --> 35:39.040]  now that you you've been ruled against now you can
[35:40.480 --> 35:50.400]  uh start again in the county court you get a trial de novo now you need to look at your pleading
[35:50.400 --> 36:01.120]  and if the pleading has been somewhat inartful in that you did not carefully craft your causes of
[36:01.120 --> 36:10.880]  action then you can bring this information out in the court go back and look at the
[36:10.880 --> 36:20.800]  look at the claims that you made then look up those claims as a cause of action
[36:22.720 --> 36:29.200]  hold on i forgot to turn my phone off there we go look up those claims as a cause of action
[36:30.560 --> 36:39.920]  and best if you can find a pattern jury charge for your claims did you listen to the show last
[36:39.920 --> 36:51.360]  night no i didn't okay last night we talked about i was talking to jeff from mississippi
[36:51.360 --> 36:59.440]  about his federal suits and we talked about the first thing you should get when you you're going
[36:59.440 --> 37:05.840]  to write a lawsuit first thing you get is a pattern jury charge
[37:05.840 --> 37:12.960]  you spoke to what the the judge told the jury well there's a pattern jury charge for what the
[37:12.960 --> 37:22.320]  judge is supposed to tell the jury and you you should have that so whatever your claims are you
[37:22.320 --> 37:26.160]  can look you can look up the pattern jury charges for them on the internet
[37:26.160 --> 37:36.640]  and then look at the pattern jury charge because what it's going to say is the judge is going to
[37:36.640 --> 37:49.280]  tell the jury this is what you must find so everything you do in the courtroom should be
[37:49.280 --> 37:57.360]  focused toward what is in that pattern jury charge you need to make sure that when the judge says
[37:57.920 --> 38:05.680]  you must find this that that has been presented to them your evidence to that effect has been
[38:05.680 --> 38:13.040]  presented to them and the pattern jury charge will walk down each necessary element of the claim
[38:13.040 --> 38:18.320]  if all of those elements haven't been presented to the jury then you haven't sufficiently litigated
[38:18.320 --> 38:27.280]  your claim and the jury has no power to rule in your favor does that make sense yeah yeah okay
[38:27.280 --> 38:37.520]  but get that and then you you should be able to find a cause of the find causes of action this
[38:37.520 --> 38:46.480]  this rings in tort so it will ring in that causes you have causes of action torts and due process
[38:46.480 --> 38:53.520]  and due process is a type of a tort so any claims you bring before the court are going to ring in
[38:53.520 --> 39:00.320]  contract and that's where you have a meeting of minds an agreement between two parties or tort
[39:00.320 --> 39:05.680]  that's where somebody that you don't have an agreement with is going to be able to bring in
[39:05.680 --> 39:12.080]  somebody that you don't have a contract with you're not engaged with comes and perpetrates
[39:12.080 --> 39:21.360]  harm on you so in your case it's it's a contractual dispute everything should be claimed under
[39:22.320 --> 39:30.240]  a defined cause of action if you look on the internet there's cause of actions for fraud fraud
[39:30.240 --> 39:38.480]  per se fraud by non-disclosure there's a whole list of them and you should be able to find one
[39:38.480 --> 39:46.160]  that fits your issue okay it's and if you don't have it in the pleading then when you go into trial
[39:47.360 --> 39:48.080]  then you
[39:48.080 --> 40:00.560]  you develop your questions for the witnesses that go to these issues if now you know what they're
[40:00.560 --> 40:10.240]  going to lie about do you have a way of establishing your claims factually to get around their lying
[40:10.240 --> 40:20.480]  thing not really randy i would have had to have filmed these men moving my stuff out of my room
[40:20.480 --> 40:27.360]  and into the uh kitchen living room and i do not have okay hold on hold on did they claim that they
[40:27.360 --> 40:38.720]  did not move your stuff yes oh wow do you have people who know you who do you have a nurse who
[40:38.720 --> 40:49.360]  can testify otherwise my nurse did testify that i was pretty much unable to move
[40:51.040 --> 40:56.960]  and the judge also brought out the fact that wait a second you three you four men were in
[40:57.680 --> 41:04.400]  mr david's apartment and you didn't do anything you didn't move the furniture why were you there
[41:04.400 --> 41:16.880]  that came out um but do you have anybody who can confirm independently that your furniture was
[41:16.880 --> 41:25.680]  moved out of your bedroom the tenants rights council took a picture of all my stuff
[41:25.680 --> 41:33.360]  in the living room and i tried to submit that picture and she wouldn't allow the picture
[41:35.360 --> 41:46.960]  um well on what grounds um oh hold on you didn't take the picture it didn't matter you did you
[41:46.960 --> 41:54.800]  did you you present the picture as an accurate photograph that should have been allowed
[41:56.320 --> 42:03.920]  this is trial de novo so you get to do all of this over make sure when you bring the picture
[42:03.920 --> 42:12.720]  next time that you provide foundation for the picture okay do you know who took the picture
[42:12.720 --> 42:24.800]  here yes i know exactly the woman from the fair housing department yes was she a witness
[42:27.200 --> 42:37.680]  she told me that since she works for fair housing she said that she asked me please don't subpoena
[42:37.680 --> 42:50.560]  her because she say because they're a some kind of organization they're they're
[42:55.840 --> 42:58.640]  i don't know what the word is say
[42:58.640 --> 43:06.880]  uh wait what is this commission is it a government commission a private group what is
[43:08.480 --> 43:18.800]  um the fair the tenants fair housing council here is um i forget the word they don't pay
[43:18.800 --> 43:28.480]  taxes to the irs they're they're funded by uh the people they're they're okay okay then they're a
[43:28.480 --> 43:34.480]  private organization subpoena her to the next trial anyway for the limited purpose of testifying
[43:35.200 --> 43:45.760]  to the validity of that photograph when and where it was taken okay i will okay i will and did she
[43:45.760 --> 43:52.240]  actually okay hold on we're about to go to break randy kelton rule of law radio we'll be right back
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[46:23.280 --> 46:32.720]  yeah always i must be careful what i'm wishing for okay we are back randy kelton rule of law
[46:32.720 --> 46:42.400]  radio and we're talking to dave in texas and dave you've got to you'll have an appeal and
[46:42.400 --> 46:50.720]  it'll be trial de novo so i'm i am surprised that this was filed in a justice of the peace court
[46:50.720 --> 46:59.600]  how much did you ask for ten thousand dollars okay so you asked for the limit of what was available
[46:59.600 --> 47:05.760]  in the jp court okay i would have thought you would have asked for a whole lot more money
[47:07.760 --> 47:15.280]  but uh you get to do this all over again so this was a good free lesson for you
[47:15.280 --> 47:25.360]  yes it was yeah so go through your causes of action and you're right get them get them written
[47:25.360 --> 47:34.080]  in terms of the pattern jury charge i think you will find the pattern jury charge to be
[47:34.080 --> 47:46.240]  okay all right randy these pictures i have of my things in the kitchen do i it seemed that the judge
[47:46.240 --> 47:54.720]  wanted me to have included those in the petition not necessary this is evidence the petition is
[47:54.720 --> 48:09.360]  just the claim okay so in the next court in order to bring the pictures into the trial did you testify
[48:09.360 --> 48:16.160]  yourself yes i do okay will you testify you need to provide foundation for the
[48:16.160 --> 48:26.400]  pictures so you say they came in they moved all my stuff out of the room and i took pictures of
[48:27.040 --> 48:33.840]  all of my stuff in the kitchen instead of in my bedroom and i have the pictures here i'd like to
[48:33.840 --> 48:40.640]  present them to the court now you've you've established the evidence in the court and you
[48:40.640 --> 48:46.320]  have the evidence in the courtroom and i have the pictures here i'd like to present them to the
[48:46.320 --> 48:52.240]  court now you've you've established foundation for the pictures what they are when they were taken
[48:52.240 --> 49:02.160]  who took them and what they depicted then you get the pictures in if you can prove
[49:03.760 --> 49:08.800]  by these pictures and by testimony of a third party you need to file
[49:08.800 --> 49:14.400]  these witnesses before you get to the next hearing
[49:17.200 --> 49:25.200]  okay this is what they're going to try to say oh well this is a jp court you get trial de novo
[49:26.080 --> 49:37.360]  trial de novo is like the first trial didn't happen not trial de novo is trial de novo for
[49:37.360 --> 49:45.280]  the purpose of perfecting your appeal and only for the purpose of perfecting appeal and what it means
[49:45.280 --> 49:56.320]  is is you don't have to appeal based on writ of error you can just generally appeal and they're
[49:56.320 --> 50:03.840]  going to want to say that heals us from what went on in the first trial no it doesn't if they
[50:03.840 --> 50:10.080]  committed aggravated perjury in that first trial and you were ruled against based on that aggravated
[50:10.080 --> 50:20.080]  perjury that is a fee to complain that is a done deal it is too late for them to recant
[50:21.680 --> 50:32.880]  i once had a disorderly conduct charge against me in roanoke texas and the officer who arrested me
[50:32.880 --> 50:39.600]  in the jp's office to keep me from getting to the district attorney and assistant district attorney
[50:39.600 --> 50:45.200]  who was there with criminal charges against the public officials he arrested me so i went to
[50:45.200 --> 50:52.640]  trial on it and he got on the stand and testified that he was a bailiff for this jurisdiction when
[50:52.640 --> 50:59.440]  he wasn't he had been fired and after the trial the judge stopped me the judge had recused himself
[50:59.440 --> 51:06.480]  because it turned out he hated this guy and he said to me said mr kelton you know that bailiff
[51:06.480 --> 51:13.680]  lied about his employment as a bailiff i said yes your honor i knew that well why didn't you
[51:13.680 --> 51:21.520]  bring it up in in the courtroom i said well first it wasn't relevant to the issue and besides
[51:22.320 --> 51:27.200]  if i had brought it up in the courtroom he would have had opportunity to recant
[51:27.200 --> 51:37.680]  it if you commit aggravated perjury and you recant that perjury before it becomes obvious
[51:37.680 --> 51:42.960]  that the statement was perjurious then you're not guilty of aggravated perjury in your case
[51:44.720 --> 51:47.840]  if they testified they didn't move anything out of your room
[51:49.920 --> 51:54.160]  and they did this is clear that you couldn't have moved it out
[51:54.160 --> 52:00.720]  and they testified that they were in the room and now you can prove that it was moved out
[52:00.720 --> 52:04.320]  i suggest you charge them with aggravated perjury
[52:06.080 --> 52:09.760]  whether you get them prosecuted or not is a separate issue
[52:11.280 --> 52:18.080]  yeah but since they're not public officials the prosecutor is not likely to be in a mind
[52:18.080 --> 52:24.480]  to shield them now he'll shield his buddies but these guys aren't his buddies
[52:26.000 --> 52:31.840]  and you tell you tell the prosecutor or and if the prosecutor doesn't want to prosecute then
[52:31.840 --> 52:38.320]  you go straight to the grand jury and when he tries to interfere with you then you file against
[52:38.320 --> 52:44.720]  the prosecutor just make a big stink yeah yeah yeah and the prosecutor is going to send his
[52:44.720 --> 52:51.040]  prosecutor is going to send his investigator out and say why have i got this guy stomping all over
[52:51.040 --> 52:59.200]  me because of you so the chance you may get him brought up and you certainly should present
[52:59.200 --> 53:08.080]  criminal affidavits to the justice of the peace where they testified where they committed the
[53:08.080 --> 53:16.000]  aggravated perjury okay because he witnessed it and he had reason to believe that apparently he
[53:16.000 --> 53:25.280]  questioned them himself and had reason to believe that they were not being exactly forthcoming
[53:27.360 --> 53:35.680]  did you have anyone who actually observed them removing the furniture or did they do this to
[53:35.680 --> 53:48.560]  anyone else um i you i i can find out if they did it to anybody else um i don't have any
[53:50.560 --> 53:59.440]  evidence um a few friends of mine may claim that um that after the operation there was no way i
[53:59.440 --> 54:07.520]  could have you know done this it was uh in fact a nurse said that in in the uh the and the judge
[54:07.520 --> 54:17.040]  was a she now this uh aggravated perjury is this a separate thing i have to file oh yeah this is
[54:17.040 --> 54:24.400]  totally separate has nothing to do with the civil case it only incidentally has to do with the civil
[54:24.400 --> 54:31.600]  case because the crime was committed in the civil case but this is a separate action
[54:33.280 --> 54:37.920]  right right you you filed out that goes on totally separate from the civil
[54:40.000 --> 54:45.520]  once you're charging them with aggravated perjury from their false testimony in the first trial
[54:46.160 --> 54:51.920]  and trying to get them indicted you know these are just employees
[54:51.920 --> 54:54.400]  they're not going to want to go to prison for the boss
[54:56.640 --> 55:00.560]  okay you might just get them to change their testimony
[55:02.080 --> 55:10.400]  so i file in jp or county for that you might file with the jp first because it happened in front of
[55:10.400 --> 55:19.760]  the jp yeah and you before you file you need to to get your witnesses in place who someone who
[55:19.760 --> 55:24.560]  can testify that it was physically impossible for you to have moved this furniture
[55:25.680 --> 55:31.520]  and you need you need to construct a good case for aggravated perjury it doesn't have to be
[55:31.520 --> 55:42.400]  ironclad criminals different criminal you know in order to secure a uh determination of probable
[55:42.400 --> 55:50.000]  cause all you have to do is is have reasonable cause and it can be hearsay
[55:52.480 --> 55:59.120]  it can't be hearsay when you go to court on trial on the merits but to get a a warrant for arrest
[55:59.120 --> 56:07.920]  that can be hearsay i can go in and say i got this guy i know next door and he just got out
[56:07.920 --> 56:13.040]  of the hospital and had this operation and these guys i walked past his apartment i've looked in
[56:13.040 --> 56:19.440]  there and i saw these guys moving all of his stuff out of his bedroom into his kitchen
[56:20.640 --> 56:28.080]  and he was subjected to it and then i went to court and watched the trial because the trial came
[56:28.080 --> 56:33.920]  up and i saw these guys get on the stand and say they didn't move it out you know he can testify
[56:33.920 --> 56:41.680]  move it out you know he can testify or he can say the guy told me that these guys went to court
[56:41.680 --> 56:49.680]  and testified they didn't do what i saw i'm doing he can file right or yeah he could say
[56:50.880 --> 56:58.560]  this guy told me that they did this and then they lied about it no personal knowledge whatsoever
[56:58.560 --> 57:05.120]  and i believe him therefore i have reason to believe and do believe these people committed
[57:05.120 --> 57:11.200]  aggravated perjury to complete hearsay doesn't have to be that best witness
[57:12.720 --> 57:19.520]  yeah so when you file the complaints all you have to do is a reasonable probable cause and i think
[57:19.520 --> 57:29.360]  the judge already has it yeah so if you file it with this judge and then if he doesn't want to
[57:29.360 --> 57:33.920]  take it then you take it to the prosecutor attorney you may actually get the jp on your side
[57:36.720 --> 57:40.320]  jp may not like it that somebody came into his court and lied to him
[57:40.320 --> 57:48.960]  him yeah yeah yeah but i gotta get the same judge this was a visiting judge
[57:52.160 --> 57:59.760]  not necessarily take it to this justice of the peace and let this justice of the peace
[57:59.760 --> 58:06.400]  talk to the other judge because the judge is likely to be more candid with this jp
[58:06.400 --> 58:14.640]  than it will be with you okay randy consider the politics here yeah this jp may this visiting
[58:14.640 --> 58:20.560]  judge may say yeah i kind of knew they were lying but this guy didn't know how to develop his case
[58:20.560 --> 58:27.680]  so i had to rule against him but yeah i think they'd like to me and good chance you might get
[58:27.680 --> 58:35.040]  this jp to pick it up okay hang on about to go to break randy kelton root of law radio barrett i see
[58:35.040 --> 58:43.120]  there we will get to you shortly this is the call it numbers five one two six four six 1984
[58:43.120 --> 58:44.080]  we'll be right back
[58:50.080 --> 58:55.600]  would you like to make more definite progress in your walk with god bibles for america is
[58:55.600 --> 59:01.120]  offering a free study bible and a set of free christian books that can really help the new
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[59:17.120 --> 59:22.960]  christian life chapter by chapter basic elements of the christian life clearly presents god's plan
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[59:36.240 --> 59:48.960]  at 888-551-0102 that's 888-551-0102 or visit us online at bfa.org
[59:48.960 --> 59:58.240]  live free speech radio logos radio network.com
[01:00:00.480 --> 01:00:06.400]  the following use flash is brought to you by the lone star lowdown providing your deli bulletins
[01:00:06.400 --> 01:00:14.320]  for the commodity market today in history news updates and the inside scoop into the tides of
[01:00:14.320 --> 01:00:24.800]  the alternative markets for friday the 10th of march 2017 are currently trading with gold at
[01:00:24.800 --> 01:00:30.000]  one thousand one hundred ninety seven dollars and 81 cents an ounce silver 16 dollars and 89 cents an
[01:00:30.000 --> 01:00:36.080]  ounce texas crude 49 dollars and 28 cents a barrel and bitcoin is at one thousand one hundred ninety
[01:00:36.080 --> 01:00:48.800]  eight u.s currency today in history the year 1959 the tibetan uprising fearing the abduction
[01:00:48.800 --> 01:00:54.560]  attempt by china 300 000 tibetans surround the dalai lama's palace to prevent his removal today
[01:00:54.560 --> 01:01:02.960]  in history in recent news according to new figures released by the u.s customs and border
[01:01:02.960 --> 01:01:06.640]  protection and the number of immigrants caught by border patrol agents attempting to cross the
[01:01:06.640 --> 01:01:12.560]  southwest border has dropped 40 since president trump took office on average 1300 a day were
[01:01:12.560 --> 01:01:18.240]  being stopped in january and now that figure has dropped to about 840 which is totally unlike the
[01:01:18.240 --> 01:01:23.600]  usual 10 to 20 surge usually seen in february homeland security secretary john caley stated
[01:01:23.600 --> 01:01:28.160]  that quote the early results show that enforcement matters deterrence matters and that the
[01:01:28.160 --> 01:01:32.720]  comprehensive immigration enforcement can make an impact fewer people are putting themselves
[01:01:32.720 --> 01:01:38.080]  and their families at risk of exploitation assault and injury by human traffickers and the physical
[01:01:38.080 --> 01:01:43.200]  dangers of the treacherous journey north via hipsman a policy analyst at the migration policy
[01:01:43.200 --> 01:01:48.320]  institute think tank in washington dc attributes the change to perception saying that quote what
[01:01:48.320 --> 01:01:52.880]  we're seeing is really about perception the orders offer the possibility of very meaningful
[01:01:52.880 --> 01:01:58.160]  changes at the border increased attentions more people subject to rapid deportations so that
[01:01:58.160 --> 01:02:02.480]  creates a perception that it's more difficult to reach the united states more importantly there
[01:02:02.480 --> 01:02:06.480]  is a lot of fear inside of the u.s and those feedback loops reach people who are thinking
[01:02:06.480 --> 01:02:15.120]  about making the journey the volkswagen group pleaded guilty friday today to three charges
[01:02:15.120 --> 01:02:20.000]  of fraud obstruction of justice and this representing the capability of vehicles with diesel engines it
[01:02:20.000 --> 01:02:25.120]  imported into the united states yes district court judge sean cox and detroit accepted the
[01:02:25.120 --> 01:02:29.760]  plea but wants more time to review the terms of the settlement which proposes a 2.8 billion
[01:02:29.760 --> 01:02:34.480]  dollar criminal fine a 1.5 billion dollar settlement for environmental customs and
[01:02:34.480 --> 01:02:39.840]  financial violations and settlements worth about 17 billion for u.s consumers and dealers
[01:02:39.840 --> 01:02:44.640]  who own the automakers diesel vehicles another hearing was set for april 21st
[01:02:44.640 --> 01:02:49.040]  eligible volkswagen and audi vehicles include a wide variety of two and three liter
[01:02:49.040 --> 01:02:53.600]  four and six cylinder diesel engine models spanning from 2009 to 2016
[01:02:53.600 --> 01:02:59.600]  this was brook roadie with your lowdown for march 10 2017
[01:03:23.600 --> 01:03:27.600]  yeah
[01:03:30.160 --> 01:03:40.640]  okay we are back randy kelton in the radio on this friday the 10th day of march 2017
[01:03:41.360 --> 01:03:49.120]  and we're talking to dave in texas okay dave is there anything you have we haven't handled
[01:03:49.120 --> 01:03:59.120]  no no randy uh once again you've done an amazing job of helping me with the case
[01:04:00.160 --> 01:04:06.640]  well good uh when you start going after them criminally it may change everything
[01:04:07.440 --> 01:04:14.480]  their problem is when you go after them criminally you may be able to develop evidence
[01:04:14.480 --> 01:04:20.640]  in that that occurs in the prosecute process of the prosecution that you can then use
[01:04:21.840 --> 01:04:29.920]  in your civil case for instance if the prosecutor picks it up and then goes in and makes a deal
[01:04:29.920 --> 01:04:38.160]  with them and they plea out to a lesser charge then you can bring that as evidence into the
[01:04:38.160 --> 01:04:46.640]  civil case yeah good idea good idea yeah they don't like it lawyers tend not to do that but
[01:04:46.640 --> 01:04:56.080]  you're a pro se you don't care what they like okay right okay good luck dave all right thanks
[01:04:56.080 --> 01:05:04.160]  baby okay we had another caller we were just about to get to him and he seems to have dropped off
[01:05:04.160 --> 01:05:13.280]  my board i'll give my board an opportunity to renew it to refresh itself maybe we'll get our
[01:05:13.280 --> 01:05:21.440]  caller back but the boards are open the call-in number is 512-646-1984 and while we're waiting
[01:05:21.440 --> 01:05:26.640]  for another caller i'll get to what i was going to talk about when the show started today oh wait
[01:05:26.640 --> 01:05:34.320]  there's barrett is back if i get some free time i'll talk about the criminal charges i'm filing
[01:05:34.320 --> 01:05:43.680]  against this local federal judge just for yucks okay we're going to barrett in arizona hello barrett
[01:05:45.120 --> 01:05:53.440]  yeah i just got to make sure i got my phone turned down uh speaker often um yeah i uh
[01:05:53.440 --> 01:06:04.640]  i'm going to restore a uh a classic motorcycle it's a 1982 yamaha seca 750 and uh i i've restored
[01:06:04.640 --> 01:06:11.680]  a couple of them before but anyways after i restore it i don't want uh the cops to get it
[01:06:11.680 --> 01:06:17.680]  you know because if you if you drive without insurance then you you drive without a license
[01:06:17.680 --> 01:06:22.800]  i know it's supposed to be traveling um i just don't want them to get mainly i don't want them
[01:06:22.800 --> 01:06:28.880]  to get my bike yeah in the real world we live in i've heard that you have you can get paperwork
[01:06:30.160 --> 01:06:37.360]  uh like the supreme court ruling is one one piece a document uh that says you don't have to have a
[01:06:37.360 --> 01:06:45.280]  license to uh travel in a in a vehicle and you don't have to have insurance or um you don't have
[01:06:45.280 --> 01:06:51.200]  to have insurance or um anyway i hope the information i've gotten so far is correct
[01:06:52.320 --> 01:06:59.840]  but i was thinking if there's a way uh or uh you know i don't know all right should i just go
[01:06:59.840 --> 01:07:06.960]  without plates if i were to get i am never ever going to suggest that now eddie eddie craig may
[01:07:06.960 --> 01:07:16.480]  be but he is the traffic guy i have license plates on my vehicle and i have a driver's license
[01:07:18.240 --> 01:07:25.200]  but okay because i have a driver's license and i have license plates i can operate in commerce
[01:07:25.200 --> 01:07:34.560]  if i want to but if i get pulled over and i'm not operating in commerce then
[01:07:34.560 --> 01:07:39.760]  i'm getting some background noises i'm i seem a little distracted i'm looking to see if i'm
[01:07:39.760 --> 01:07:45.520]  dropping off the air or something okay i had to upload the new skype version and it has some
[01:07:45.520 --> 01:07:53.920]  noises it's distracting anyway i've got the license but i'm not using it this allows me to
[01:07:53.920 --> 01:08:03.120]  take them on on the right to travel without having to get into that issue of being thrown in jail or
[01:08:03.120 --> 01:08:13.920]  being thrown in jail and my equipment impounded right so it's not necessary now
[01:08:15.680 --> 01:08:17.120]  pick your fights real careful
[01:08:20.640 --> 01:08:28.080]  if you want to have this fight then yeah the law is there and it's on in your favor
[01:08:28.080 --> 01:08:34.240]  but expect them to give you a good fight it has nothing to do with the law it's all about the
[01:08:34.240 --> 01:08:43.360]  money these guys collect a lot of money with traffic citations and they're not going to want
[01:08:43.360 --> 01:08:50.720]  to stop collecting that money the last thing they're going to want you to do is get a ruling in a
[01:08:50.720 --> 01:08:59.440]  get a ruling in a court that will eliminate their ability to collect this all of these fees and
[01:08:59.440 --> 01:09:08.800]  fines they're collecting with traffic code so my question to you is what is your purpose
[01:09:11.200 --> 01:09:13.440]  in taking on this right to travel issue
[01:09:13.440 --> 01:09:21.040]  yeah i i would like the right to travel without having to see i lost my license
[01:09:22.400 --> 01:09:29.360]  about five years ago for a dy i haven't drank in the last year and a half so i have no desire to
[01:09:29.360 --> 01:09:36.240]  anymore so i was thinking you know now that i've put the plug in the jug um i was thinking you know
[01:09:36.240 --> 01:09:42.080]  hey it'd be kind of nice to get on back on a motorcycle again this summer um and i got just
[01:09:42.080 --> 01:09:47.440]  enough time to restore this bike and i was i heard that i could have certain documents like the
[01:09:47.440 --> 01:09:52.480]  supreme court ruling you don't have the right to travel you know license required to travel
[01:09:53.120 --> 01:09:59.120]  okay that explains it now you have a good reason to fight this fight
[01:10:00.880 --> 01:10:08.560]  right that's right okay so it's not like me i have a license and for me to take on that issue
[01:10:08.560 --> 01:10:20.880]  is to take on a big fight okay first thing to do you're in arizona look at all of the issues
[01:10:21.680 --> 01:10:27.600]  uh i would say get a pattern jury charge but i don't think they even have a pattern jury charge
[01:10:27.600 --> 01:10:34.080]  for traffic cases but the first thing you want to look at before you go to right to travel
[01:10:34.080 --> 01:10:39.600]  right to travel gets you before the judge in the judge's jurisdiction
[01:10:40.880 --> 01:10:48.960]  you don't ever want to get there so when i take on the right to travel i just gave somebody a copy
[01:10:48.960 --> 01:10:58.240]  of a document i have recently rewritten this document is is specifically for texas
[01:10:58.240 --> 01:11:09.200]  for texas but most every state i've looked at has a similar structure most states have adopted the
[01:11:10.400 --> 01:11:21.760]  federal transportation code and they've codified it into state law and they have specific
[01:11:21.760 --> 01:11:29.040]  requirements now this is kind of a strange thing something you wouldn't expect when the
[01:11:29.920 --> 01:11:39.920]  traffic codes were first introduced this is back in the 20s and 30s ford started building cars and
[01:11:40.880 --> 01:11:46.960]  started filling the high the roadways with automobiles and people got all these automobiles
[01:11:46.960 --> 01:11:53.040]  and they really work great and they were using wagons to haul freight in they got these automobiles
[01:11:53.040 --> 01:12:00.400]  and say hey we can turn these things into trucks and they started beefing these things up well
[01:12:01.360 --> 01:12:08.160]  the history on it says that they had these large trucks that people were stitching together
[01:12:09.040 --> 01:12:15.760]  and they were absolutely death traps and they were too heavy they were damaging
[01:12:15.760 --> 01:12:22.240]  bridges and damaging the roads and the state said we got to do something here these guys
[01:12:22.240 --> 01:12:29.840]  they're going to destroy the whole place but the public was not going to let the state
[01:12:29.840 --> 01:12:37.920]  interfere with their right to travel around the idea of licensing the right to travel
[01:12:37.920 --> 01:12:47.600]  was just simply not gonna fly so they got this great idea we only need to license people who
[01:12:47.600 --> 01:12:55.920]  are acting in commerce and we can do that so they put in this licensing provision for anyone who
[01:12:55.920 --> 01:13:08.080]  operated commercially well over time this licensing provision was essentially made available to
[01:13:08.080 --> 01:13:15.600]  everybody and it just became a thing everybody does there's nothing in law that says that you
[01:13:15.600 --> 01:13:24.720]  have to have a license in order to travel around but everybody has been required to have a license
[01:13:24.720 --> 01:13:31.920]  so long is that for the most part people don't understand that the only reason for the license
[01:13:31.920 --> 01:13:42.000]  is commercial okay with that said now we look at how the law got put in the way it did it was put
[01:13:42.000 --> 01:13:47.600]  in this way because at the time the public wouldn't tolerate this intrusion on their rights
[01:13:47.600 --> 01:13:54.480]  but now it's all been hidden we weren't around at that time we're a couple of generations removed
[01:13:55.840 --> 01:14:04.480]  so when we go back and read the code you will be surprised because it really is written for
[01:14:04.480 --> 01:14:15.520]  commercial drivers and it will be obvious in texas the only ones who can enforce the
[01:14:15.520 --> 01:14:23.120]  enforce the transportation code are certain counties a county with a
[01:14:26.240 --> 01:14:36.640]  port a federal port a county of over two million with a u.s defense highway running through it
[01:14:36.640 --> 01:14:48.000]  a county of over a city of over of under 8500 that is the county seat and has a national defense
[01:14:48.000 --> 01:15:02.240]  highway now i'm in a county of 40 000 the county seat is um i think 10 000 but we don't have a
[01:15:02.240 --> 01:15:07.360]  national defense highway running through these counties so nobody in this county can enforce the
[01:15:07.360 --> 01:15:18.080]  transportation code and if the jurisdiction is say fort worth fort worth is a city of over half a
[01:15:18.080 --> 01:15:25.200]  million they can enforce the transportation code actually the transportation code is a county
[01:15:25.200 --> 01:15:35.040]  enforcement the sheriff can enforce it however in order to enforce it he can appoint five people
[01:15:35.040 --> 01:15:44.480]  to enforce the transportation code one of which can be a municipal officer if that municipal officer
[01:15:44.480 --> 01:15:52.080]  is an officer in a municipality that meets one of these really convoluted requirements
[01:15:52.080 --> 01:15:56.880]  so if a municipal police officer in texas pulls you over your first question is
[01:15:58.640 --> 01:16:04.560]  does your jurisdiction meet the statutory requirements to enforce the transportation code
[01:16:05.200 --> 01:16:14.640]  and if it does are you that one officer in the county one municipal officer there can be five
[01:16:14.640 --> 01:16:22.240]  officers four of whom will be sheriff's deputies one can be a municipal officer this is actually
[01:16:24.240 --> 01:16:30.640]  if it sounds insane when i'm telling you this it sounded insane when i read it
[01:16:31.440 --> 01:16:39.120]  but that's actually what it says so are you the one that has been appointed
[01:16:39.120 --> 01:16:49.200]  that has been appointed and if you are that one who has been appointed have you been through this
[01:16:50.560 --> 01:16:58.400]  or training requirements provided by the department of transit by the dps how long we'll be right back
[01:17:00.000 --> 01:17:04.880]  i love logos without the shows on this network i'd be almost as ignorant as my friends i'm so
[01:17:04.880 --> 01:17:10.320]  addicted to the truth now that there's no going back i need my truth fix i'd be lost without logos
[01:17:10.320 --> 01:17:14.800]  and i really want to help keep this network on the air i'd love to volunteer as a show producer
[01:17:14.800 --> 01:17:19.200]  but i'm a bit of a luddite and i really don't have any money to give because i spent it all
[01:17:19.200 --> 01:17:25.760]  on supplements how can i help logos well i'm glad you asked whenever you order anything from amazon
[01:17:25.760 --> 01:17:30.720]  you can help logos in ordering your supplies or holiday gifts first thing you do is clear your
[01:17:30.720 --> 01:17:38.080]  cookies now go to logos radio network dot com click on the amazon logo and bookmark it now when
[01:17:38.080 --> 01:17:44.880]  you order anything from amazon you use that link and logos gets a few pesos do i pay extra no do
[01:17:44.880 --> 01:17:51.360]  you have to do anything different when i order no can i use my amazon prime no i mean yes wow
[01:17:51.360 --> 01:17:57.680]  giving without doing anything or spending any money this is perfect thank you so much we are
[01:17:57.680 --> 01:18:03.600]  welcome happy holidays logos are you being harassed by debt collectors with phone calls
[01:18:03.600 --> 01:18:09.280]  letters or even lawsuits stop debt collectors now with the michael mirrors proven method
[01:18:09.280 --> 01:18:14.880]  michael mirrors has won six cases in federal court against debt collectors and now you can win too
[01:18:14.880 --> 01:18:19.600]  you'll get step-by-step instructions in plain english on how to win in court using federal
[01:18:19.600 --> 01:18:25.440]  civil rights statute what to do when contacted by phone mail or court summons how to answer
[01:18:25.440 --> 01:18:30.480]  letters and phone calls how to get debt collectors out of your credit report how to turn the financial
[01:18:30.480 --> 01:18:36.960]  tables on them and make them pay you to go away the michael mirrors proven method is the solution
[01:18:36.960 --> 01:18:42.720]  for how to stop debt collectors personal consultation is available as well for more information please
[01:18:42.720 --> 01:18:48.000]  visit rule of law radio dot com and click on the blue michael mirrors banner or email michael
[01:18:48.000 --> 01:18:57.520]  mirrors at yahoo.com that's rule of law radio.com or email m i c h a e l m i r r a s at yahoo.com
[01:18:57.520 --> 01:19:06.560]  to learn how to stop debt collectors now this is the logos radio net
[01:19:06.560 --> 01:19:10.560]  more
[01:19:15.280 --> 01:19:16.880]  ain't gonna blame me
[01:19:20.880 --> 01:19:24.560]  don't blame me
[01:19:27.520 --> 01:19:28.080]  well
[01:19:28.080 --> 01:19:34.080]  uh
[01:19:38.160 --> 01:19:45.520]  okay we are back randy kelton rule of law radio and we had our producer on but
[01:19:47.040 --> 01:19:55.440]  he just dropped off so maybe we'll get him back again okay we're talking to barrett in arizona
[01:19:55.440 --> 01:20:02.480]  and the reason i'm going through all this barrett charlie sprinkle i don't remember
[01:20:02.480 --> 01:20:07.520]  i remember charlie sprinkle i hated to lose charlie i don't know but i think the late charlie
[01:20:08.720 --> 01:20:16.720]  but yeah from 1967 till the day he died the cops kind of treated him like a like a poison dart frog
[01:20:16.720 --> 01:20:22.960]  or you know a snake or something you didn't want to mess with okay yeah and that's not as hard to get
[01:20:22.960 --> 01:20:29.120]  as you would think my last ticket here in the county that i live in
[01:20:30.720 --> 01:20:37.360]  i went to the clerk and the clerk said can i help you i said yes i can you can that dirty rotten
[01:20:37.360 --> 01:20:45.440]  copper he wrote me a ticket and she said he did i said yes he did well what do you add to a ticket
[01:20:45.440 --> 01:20:54.800]  for he said my registration was expired and she said well was it yeah but only six months
[01:20:55.920 --> 01:21:02.800]  and she said oh well uh you know if you get that renewed and bring us proof uh for 20
[01:21:02.800 --> 01:21:09.120]  dollars we'll just drop this i dropped a ticket i said i know she said are you going to get it renewed
[01:21:09.120 --> 01:21:19.200]  no oh it said well then do you want to i need you to enter a please no no i'm not here to enter a
[01:21:19.200 --> 01:21:25.760]  play i got these documents i want to give you first documents to challenge the subject matter
[01:21:25.760 --> 01:21:34.720]  jurisdiction the second two documents one was a request for the authority of the jurisdiction
[01:21:34.720 --> 01:21:40.640]  to enforce the transportation code and the other one was a request for the certification of the
[01:21:40.640 --> 01:21:45.760]  peace officer as a police officer from the department of public safety
[01:21:48.000 --> 01:21:53.680]  well they set a hearing for me to come in and i didn't show up at hearing i got my times wrong
[01:21:53.680 --> 01:21:57.680]  and i was supposed to be there at nine o'clock and i didn't get there till three
[01:21:57.680 --> 01:22:04.960]  o'clock and the clerks were all upset they said wow we were all here we wanted to watch
[01:22:06.560 --> 01:22:16.640]  sorry i screwed it up what did the prosecutor do she said he dismissed the case he what wait a
[01:22:16.640 --> 01:22:25.520]  minute he can't do that what he did the chief of police told him don't you dare prosecute this guy
[01:22:25.520 --> 01:22:31.440]  all right the chief of police on my information request sent me a letter
[01:22:32.720 --> 01:22:42.880]  that said in response to my request that we have no records responsive to your request because
[01:22:42.880 --> 01:22:50.240]  we do not enforce the transportation code okay barrett my point is
[01:22:50.240 --> 01:23:00.960]  this if you want to be able to drive and want them not to mess with you travel i'm sorry travel
[01:23:00.960 --> 01:23:08.400]  you're right eddie craig would stump me for that you're going to have a fight but you need to be
[01:23:08.400 --> 01:23:14.720]  ready for that fight before you go in two of guys fighting it in court and they do pretty good but
[01:23:15.600 --> 01:23:19.440]  the judges are all corrupt and all that they all everybody knows it doesn't matter
[01:23:19.440 --> 01:23:24.240]  but they're pretty hard to convince that you know you don't care about that judge
[01:23:25.680 --> 01:23:33.440]  that's why i'm saying we don't want to get to that point the first thing okay
[01:23:34.960 --> 01:23:38.000]  when a complaint is brought to a court
[01:23:40.560 --> 01:23:49.360]  if jurisdiction appears to be valid on its face then jurisdiction is presumed for instance you
[01:23:49.360 --> 01:24:01.280]  have a certified peace officer whom the court has knowledge could be authorized to enforce the
[01:24:01.280 --> 01:24:09.520]  transportation code and he is authorized to operate within the jurisdiction that he's in
[01:24:09.520 --> 01:24:18.560]  and he has filed the complaint in the venue that would have jurisdiction over the case the
[01:24:18.560 --> 01:24:27.200]  presumption is the court has jurisdiction and that presumption will stand until it is challenged
[01:24:28.400 --> 01:24:36.160]  once you challenge jurisdiction jurisdiction is lost the presumption no longer stands
[01:24:36.160 --> 01:24:46.640]  now the court has to prove jurisdiction and it is a threshold issue a court that acts without subject
[01:24:46.640 --> 01:24:57.040]  matter jurisdiction acts outside scope when the court acts outside scope the court is outside all
[01:24:57.040 --> 01:25:06.640]  the court is outside all of his protections so the judge can be sued personally if he acts
[01:25:06.640 --> 01:25:14.080]  without subject matter jurisdiction he does not act under the power of the state he acts in his
[01:25:14.080 --> 01:25:20.160]  own personal capacity and can be sued in that capacity and that's where you want to keep them
[01:25:20.160 --> 01:25:28.720]  um at the end of the day it doesn't matter if you win lose or draw
[01:25:31.440 --> 01:25:36.160]  Barrett did you when you were growing up did you ever get in the fight with the kid in the
[01:25:36.160 --> 01:25:45.040]  school parking lot or on the playground a couple times yeah if you had a good fight is when the
[01:25:45.040 --> 01:25:50.640]  most of the fights i won is when they were picking on me yeah but after the fight
[01:25:52.160 --> 01:25:57.520]  you almost always wind up friends because if you give them a good fight
[01:25:59.120 --> 01:26:00.800]  they don't want to go there again
[01:26:03.440 --> 01:26:08.640]  so this is the object lesson they're going to give you a good fight
[01:26:08.640 --> 01:26:17.760]  and you give it right back to them but try not to get inside their jurisdiction i go to the court
[01:26:18.640 --> 01:26:23.920]  and this is what i told those two clerks when they asked me how i wanted to plea and i said
[01:26:23.920 --> 01:26:30.960]  i'm not here to plea i'm here at arm's length to the court you've got your arm out in front of you
[01:26:30.960 --> 01:26:36.800]  with your palm up the court can come up to that palm but they can't pass it
[01:26:36.800 --> 01:26:44.640]  they can't pass that until jurisdiction is proven that's where you want your fight to be
[01:26:45.360 --> 01:26:53.440]  so the first thing you want to do is read the the transportation code and the administrative
[01:26:53.440 --> 01:27:03.280]  code that implements the transportation code for arizona and then look at
[01:27:03.280 --> 01:27:13.440]  and then look at all of the requirements that the jurisdiction has to meet in order to
[01:27:13.440 --> 01:27:20.000]  enforce the code and the requirements that the particular officer has to meet in order to enforce
[01:27:20.000 --> 01:27:34.480]  the code and then look at all of the elements of the offense now in traffic they've gotten terribly
[01:27:34.480 --> 01:27:43.200]  lax i just prepared this challenge subject matter jurisdiction and i challenge the jurisdiction's
[01:27:43.200 --> 01:27:51.040]  authority to enforce i challenge the officer's authority to enforce and then i challenged the
[01:27:51.040 --> 01:28:00.480]  complaint itself i maintained that the complaint was insufficient on its face as it failed to
[01:28:00.480 --> 01:28:12.240]  establish that the the officer had the authority to enforce the transportation code and that the
[01:28:12.240 --> 01:28:17.840]  all of the elements of jurisdiction were met and all the elements of the crime were met
[01:28:19.280 --> 01:28:24.560]  saying he was speeding 50 in a 35 what's that
[01:28:27.040 --> 01:28:32.720]  what code is that what are the elements of that code who does that code apply to
[01:28:34.640 --> 01:28:42.000]  you have a right to nature and cause we don't ever get to jurisdiction before you until you have
[01:28:42.000 --> 01:28:47.120]  complete nature and cause am i making sense is it clear where i'm going here barrett
[01:28:47.920 --> 01:28:54.160]  yeah um doesn't have to be like contract or something like contractual isn't most law like
[01:28:54.160 --> 01:29:03.520]  contractual like i have to agree to something to not exactly trying to avoid the yeah okay well
[01:29:03.520 --> 01:29:13.840]  don't you don't need the rather it is contracted yes it's all it's all contractual but that's not
[01:29:14.560 --> 01:29:23.600]  that is an argument you can make but it's a tangential argument and with implied contracts
[01:29:23.600 --> 01:29:30.880]  and adhesion contracts that's a really complex fight there's something way more straightforward
[01:29:30.880 --> 01:29:40.960]  who the heck are you and where did you get authority to enforce your will over my will
[01:29:41.920 --> 01:29:48.640]  that's the place you want to go first well once we get past who were you and what authority you
[01:29:48.640 --> 01:29:54.320]  have to even talk to me then we can talk about a contract hang on randall kelton real law radio
[01:29:54.320 --> 01:30:01.200]  we'll be right back
[01:30:02.640 --> 01:30:07.600]  people scan the store shelves when they shop but soon those shelves may be scanning you
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[01:31:12.800 --> 01:31:19.120]  in vegas is already using it to profile people maybe it's time for some clown noses and floppy
[01:31:19.120 --> 01:31:24.320]  hats i'm dr katherine albrecht more news and information at katherinealbrecht.com
[01:31:30.400 --> 01:31:36.000]  this is building seven a 47 story skyscraper that fell on the afternoon of september 11 the
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[01:33:09.760 --> 01:33:35.520]  okay we are back randy kelton rule of law radio and we're talking to barrett in arizona
[01:33:35.520 --> 01:33:41.040]  and barrett where we have gotten the most purchase here in texas
[01:33:42.640 --> 01:33:51.120]  is with information requests and the information request is outside of the criminal process
[01:33:52.640 --> 01:34:03.600]  but i'm sending these jurisdictions requests for requirements they must meet that for whatever
[01:34:03.600 --> 01:34:16.320]  reason none of them ever meet it and when they can't provide the requirements to enforce
[01:34:17.600 --> 01:34:20.560]  then we've got jurisdictions actually dropping cases
[01:34:22.560 --> 01:34:28.480]  and this kind of goes to to one of the things i always look for when i'm going to take on an issue
[01:34:28.480 --> 01:34:35.360]  you are you familiar with jasinowski case in foreclosure
[01:34:37.520 --> 01:34:45.360]  no i haven't heard that one okay this is so insane within three years from the time you
[01:34:45.360 --> 01:34:55.360]  get a mortgage if you can show that you weren't given a notice by the lender telling you that
[01:34:55.360 --> 01:35:05.520]  you had a right to rescind the mortgage then you can rescind these this couple in minnesota
[01:35:06.640 --> 01:35:16.960]  on the last day they could file filed a rescission claiming that at closing there were two people
[01:35:16.960 --> 01:35:24.800]  there a man and his wife and they only gave them one notice and the statute required to give them
[01:35:24.800 --> 01:35:38.880]  two notices now is that as nitpicking as you can get or what and somehow these bank moron moronic
[01:35:38.880 --> 01:35:49.840]  lawyers let this case get all the way to the u.s supreme and the u.s supreme literally dropped the
[01:35:49.840 --> 01:36:01.280]  sky on the banks i looked at that case and thought who was the moron who ever let this get to the
[01:36:01.280 --> 01:36:10.400]  supreme why did these idiots not deal this out now they have an incredible roadblock to deal with
[01:36:12.000 --> 01:36:14.480]  this is the kind of issue you want to look for
[01:36:14.480 --> 01:36:23.040]  what can't kind of claim can we make that would undermine their entire ability to enforce the code
[01:36:24.560 --> 01:36:30.720]  if they're making a lot of money with this code and they're not going to risk a ruling against them
[01:36:31.760 --> 01:36:41.440]  that would interfere with their ability to enforce so i'm not asking the court to throw out the
[01:36:41.440 --> 01:36:52.080]  entire transportation code i'm asking the jurisdiction to prove up the fact that they have met all the
[01:36:52.080 --> 01:36:56.800]  requirements they have to meet in order to be able to enforce it and now and then prove up that it
[01:36:56.800 --> 01:37:04.880]  actually applies to me so we never get to the actual issues we we don't get to the codes but i'm
[01:37:04.880 --> 01:37:12.560]  asking them instead if we take this to the court of appeals and the court of appeals looks at it
[01:37:12.560 --> 01:37:18.400]  and the statute says your officer must have this training in order to enforce this code
[01:37:19.120 --> 01:37:23.520]  and they don't have that training and then the court of appeals rules if the officers don't have
[01:37:23.520 --> 01:37:30.880]  this training they cannot enforce or what if they tow my bike and they take me to jail and
[01:37:30.880 --> 01:37:39.520]  bike and they take me to jail and uh and say i go to court and i tell the judge the supreme court
[01:37:39.520 --> 01:37:49.200]  has ruled i'm not for hire i'm i'm traveling you know would that work again they could just check
[01:37:49.200 --> 01:37:54.080]  with the supreme court and just they'll see that it's been ruled i mean wouldn't okay you got to
[01:37:54.080 --> 01:38:02.720]  understand it's not about the law it's about the money and the only thing they're going to
[01:38:02.720 --> 01:38:10.480]  respond to is the money so it goes back to this notion we were taught in high school
[01:38:12.320 --> 01:38:20.480]  they told you that you lived in a land of law and that was governed by inalienable
[01:38:20.480 --> 01:38:27.760]  alienable rights there are no such things the courts are corrupt they're going to do what they
[01:38:27.760 --> 01:38:35.680]  want to unless you can beat them up you have to give them reason not to do you really think this
[01:38:36.320 --> 01:38:43.760]  local municipal judge or justice of the peace cares what the law says he cares what the
[01:38:43.760 --> 01:38:52.080]  commissioner's court is saying about not producing enough income for the county this municipal judge
[01:38:52.080 --> 01:38:57.440]  cares about the mayor crawling down his throat because he's not collecting enough traffic clients
[01:38:57.440 --> 01:39:04.160]  that's what he cares about so if you don't find something that he cares more about
[01:39:05.440 --> 01:39:12.640]  he don't care what the law says so one of my strategies is that one of the things that never
[01:39:12.640 --> 01:39:20.480]  want to do is get to the fact that they told my bike because that means i have to get to the merits
[01:39:21.520 --> 01:39:28.000]  you let him get to the merits now you have a judge in a position to where he can exercise
[01:39:28.000 --> 01:39:38.720]  his discretion and he will always exercise it against you okay okay with that said maybe he
[01:39:38.720 --> 01:39:48.240]  won't always exercise it against you but you have to conduct yourself as if he will never let him
[01:39:48.240 --> 01:39:55.360]  get to the merits if you can avoid it i know you want to say i'm innocent i know you want to say
[01:39:55.360 --> 01:40:03.120]  travel doesn't apply to me but if you get there the judge is going to say yes it does
[01:40:03.120 --> 01:40:09.680]  yes if you can if i don't believe will that kind of help that out
[01:40:10.720 --> 01:40:14.560]  wait say that again and just say i don't i'm not completely because like you need to
[01:40:14.560 --> 01:40:20.880]  train that uh you know that you have jurisdiction and i didn't sign anything you know i don't know
[01:40:22.400 --> 01:40:26.480]  okay if you're going to fight this fight you got to do your homework this is going to be a big fight
[01:40:26.480 --> 01:40:33.040]  but don't spit in the harmon all these i and not and not know how to box exactly
[01:40:36.400 --> 01:40:44.480]  uh my brother-in-law was going to a book signing by arnold schwarzenegger
[01:40:46.640 --> 01:40:49.680]  and i told him you know what schwarzenegger means
[01:40:49.680 --> 01:41:00.160]  schwarz means black and nega in german means negro so i want you to tell him that
[01:41:00.720 --> 01:41:07.760]  i'm not going to tell him go ahead you big tough marine chicken so yeah i understand that
[01:41:08.640 --> 01:41:12.080]  if you're going to fight these guys be ready for them and it's not that hard
[01:41:12.080 --> 01:41:20.400]  and it's not that hard they don't do their homework they're very accustomed to people
[01:41:20.400 --> 01:41:28.480]  coming in they're not knowing what they're doing and i suggest that you set them up do you play
[01:41:28.480 --> 01:41:40.320]  chess barrett you're still there sounds like a challenge yeah no do you play chess yes i do
[01:41:40.320 --> 01:41:45.360]  no okay this is a chess match this is a four-sided imagine you're sitting at a
[01:41:45.360 --> 01:41:54.000]  four-sided chessboard you're this is assuming you have a lawyer you sit down behind the table
[01:41:54.000 --> 01:41:58.720]  you've got your lawyer to your right posing counselor to your left the judge across from you
[01:41:59.840 --> 01:42:04.960]  none of these people care about law you have a relationship with your lawyer your lawyer has a
[01:42:04.960 --> 01:42:09.360]  relationship with the opposing counsel opposing counsel has a relationship with the judge
[01:42:09.360 --> 01:42:16.400]  if you're in traffic the judge and the prosecutor have a relationship they're both here to collect
[01:42:16.400 --> 01:42:25.040]  money for the municipality and that's how they're going to be evaluated not by whether or not they
[01:42:25.040 --> 01:42:30.960]  follow law not by whether or not they uphold your rights rather not they collect money
[01:42:30.960 --> 01:42:38.320]  you forget that you're going to lose the case you get caught up in law you're going to lose the case
[01:42:39.120 --> 01:42:45.920]  everything's about the money so how do you cost them the most money
[01:42:48.720 --> 01:42:53.120]  or how do you create a specter of costing them the most money
[01:42:53.120 --> 01:43:02.000]  most money when i go in there i want to create a condition as i spoke to that case
[01:43:02.000 --> 01:43:08.400]  of mine they threw out the reason they threw it out is the chief of police said to me mr kelton
[01:43:09.040 --> 01:43:13.040]  you're not going to get the ruling you want in this court i said of course not
[01:43:14.160 --> 01:43:20.640]  i don't expect to get the ruling i want in this court i want to get this issue to the u.s supreme
[01:43:20.640 --> 01:43:28.960]  and get myself a ruling by the u.s supreme and the local chief of police of this local podunk
[01:43:30.480 --> 01:43:39.120]  municipality he considered the prospect of the municipality having to fight me all the way to
[01:43:39.120 --> 01:43:47.200]  the supreme and he called this prosecutor and told him you dismissed this case and he was right
[01:43:47.200 --> 01:43:51.360]  it was going to cost them a lot of money
[01:43:53.360 --> 01:43:58.000]  that's what he wants them to think that's when they'll stop missing richard hang on we'll be
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[01:45:57.200 --> 01:46:07.920]  call toll-free 866-LAW-EZ
[01:46:27.840 --> 01:46:48.320]  okay we are back randy kelton in the rule of law radio and we're talking to barrett in arizona
[01:46:49.920 --> 01:46:54.080]  barrett i don't want to make this sound easier than it is it's not easy
[01:46:54.080 --> 01:47:02.240]  yeah i've heard the the guys on youtube trying to talk to the judge and i may deny the uh the law
[01:47:02.240 --> 01:47:09.520]  quite a bit okay and your whole purpose so go back let's go back to jurisdictionary
[01:47:10.480 --> 01:47:17.120]  your only purpose in the trial court is to set the record for appeal
[01:47:17.120 --> 01:47:25.440]  the primary duty of the trial court judge is to determine the facts in accordance with the rules
[01:47:25.440 --> 01:47:32.320]  of evidence then apply the laws that comes to him to the facts in the case that's the only reason
[01:47:32.320 --> 01:47:39.360]  he's there when i go into court and the court wants to do something else i get real excited
[01:47:39.360 --> 01:47:46.400]  i get real excited like the court wants to have a personal attitude he can leave that at the house
[01:47:47.760 --> 01:47:52.480]  because if he's going to tell me what he likes or what he doesn't like i could care less what he
[01:47:52.480 --> 01:47:59.600]  likes or what he doesn't like if he tries to impose his wants or wishes on me and the court
[01:47:59.600 --> 01:48:04.800]  i'm going to ask the bailiff to arrest it you are here to determine the facts in accordance with
[01:48:04.800 --> 01:48:09.920]  the rules of evidence and apply the laws comes to you the facts in the case if you have another
[01:48:09.920 --> 01:48:17.520]  agenda get yourself down off that bench and have yourself replaced with the competent jurist that
[01:48:17.520 --> 01:48:23.360]  i have a right to in the first instance you do not want that judge coming into that court and finding
[01:48:23.360 --> 01:48:31.440]  justice justice is going to be subjective i heard that you could put that a person could
[01:48:31.440 --> 01:48:38.880]  um get some paperwork together and just you know like say not for hire on on the car somewhere and
[01:48:38.880 --> 01:48:46.720]  then or my motorcycle whatever have you filed with the department of transportation in washington dc
[01:48:46.720 --> 01:48:55.520]  as a private operator not in commerce no but i know somebody who did yeah i did when i get pulled
[01:48:55.520 --> 01:49:02.080]  over i first thing i asked the officer did you run my name with the department of transportation
[01:49:02.080 --> 01:49:10.880]  in dc and they always say no well you need to do so and every time i've done that they came back
[01:49:10.880 --> 01:49:21.120]  and wrote me a warning i got stopped doing 40 in a 30 school zone they sent me through a detour and
[01:49:21.120 --> 01:49:27.520]  the detour dumped me out through a parking lot into the middle of this school zone this cop was
[01:49:27.520 --> 01:49:31.920]  sitting there waiting because people were coming into the school zone and didn't know they were in
[01:49:31.920 --> 01:49:37.600]  one and he's just writing the tickets pulled me over and i've got a woman that worked for me with
[01:49:37.600 --> 01:49:45.360]  me and i said uh did you run my name on the dot he said no i didn't well you might want to do that
[01:49:45.360 --> 01:49:52.000]  he came back gave me a warning told me to be careful the woman that worked for me tony was
[01:49:52.000 --> 01:50:02.720]  furious said well he knew he read my name found me registered with the dot as a private operator
[01:50:02.720 --> 01:50:10.240]  not in commerce so the first thing i suggest you do is go online and sign up with the dot i know
[01:50:10.240 --> 01:50:18.480]  eddie objects to that because he objects to government as just as a matter of perspective
[01:50:18.480 --> 01:50:25.440]  he don't want anything to do with government he doesn't want to uh unintentionally agree to an
[01:50:25.440 --> 01:50:32.560]  adhesion contract i kind of agree with that kind of philosophy but but yeah this might be a better
[01:50:32.560 --> 01:50:41.600]  way though so how do i get a hold of the uh in washington dc yeah just go online and look up the
[01:50:41.600 --> 01:50:48.400]  department of transportation dc and you can get to their website and i don't remember where it's at
[01:50:48.400 --> 01:50:54.880]  but there's a place there to register with them and in the registration form there's a place there
[01:50:54.880 --> 01:51:05.520]  to check if you're a private operator see if you're a farmer a big farmer and you got 50 trucks
[01:51:05.520 --> 01:51:14.000]  that haul grain to the elevator those trucks are not in commerce because you're a private operator
[01:51:14.640 --> 01:51:19.920]  you're hauling your own product you're not transferring product transferring product for
[01:51:19.920 --> 01:51:27.280]  sale for for pay so you sign up in the same capacity
[01:51:29.600 --> 01:51:37.840]  you have the licensing but you're not operating within the scope of the licensing
[01:51:37.840 --> 01:51:40.560]  and i'm having a little trouble with your signal you're breaking up
[01:51:40.560 --> 01:51:50.960]  okay when uh eddie craig will be on next uh wait a minute your signal is horrible i'm just getting
[01:51:50.960 --> 01:51:58.080]  half of what you're saying i had i think you said eddie craig is a jerk on that no no no i said that
[01:52:00.400 --> 01:52:07.280]  okay what did you say about eddie again yeah when is eddie craig on next uh on the radio
[01:52:07.280 --> 01:52:17.040]  next uh monday he's on monday nights at eight eight o'clock arizona time you think uh arizona
[01:52:17.040 --> 01:52:27.360]  be seven o'clock arizona time say okay monday mondays he's eight o'clock central
[01:52:28.800 --> 01:52:33.440]  that's going to be a couple weeks before i get my bike running and all that okay but you need to do
[01:52:33.440 --> 01:52:41.920]  your homework you're going to have a big fight in texas driving on a suspended license is a
[01:52:41.920 --> 01:52:48.880]  class b misdemeanor you go to jail for it so when you take this on you want to be ready for them
[01:52:50.000 --> 01:52:57.040]  right right okay well thank you okay thank you barrett okay now we're going to go to paul in
[01:52:57.040 --> 01:53:07.760]  texas hello paul hello let me find the best place for my telephone oh okay is that any better
[01:53:07.760 --> 01:53:18.000]  all right that sounds pretty good okay all right i got a uh i have a ticket it's uh it's a year old
[01:53:18.000 --> 01:53:27.440]  it's a toll road ticket uh i didn't even know i got the ticket because i was trying to dodge those
[01:53:27.440 --> 01:53:33.040]  those signs that say this is a toll road coming up but evidently they found a place to give me
[01:53:33.040 --> 01:53:41.600]  this ticket okay um well i'll just give you a little bit of information off here and then
[01:53:41.600 --> 01:53:50.560]  ask you a question or two um there are apparently two points that they cited me from they're both on
[01:53:50.560 --> 01:53:59.440]  290 east one is at us 183 and the other is springdale road and it looks like the uh the
[01:53:59.440 --> 01:54:09.520]  bill has gone up from 73 cents each up to over 60 i have not responded in any way is there anything
[01:54:09.520 --> 01:54:16.560]  i should do or should not do there probably is i have one of those it's up to 200 and i just
[01:54:16.560 --> 01:54:26.320]  haven't went after to fight it yet but uh yeah you can uh file a motion to dismiss for lack of
[01:54:26.320 --> 01:54:35.120]  subject matter jurisdiction these uh toll tickets i haven't looked at the specific statutory support
[01:54:35.120 --> 01:54:45.840]  for it this is like red light tickets it it goes to guilt by ownership this is a much better
[01:54:45.840 --> 01:54:51.680]  question to ask eddie about he studies the specifics of these issues a lot closer than i do and
[01:54:51.680 --> 01:55:03.440]  a toll ticket charge is it is so specific and one of the issues i have with it is
[01:55:05.200 --> 01:55:10.880]  how they get the amount so high so quickly because this really goes to a collection agency there
[01:55:10.880 --> 01:55:16.080]  never is a this is the far as i know this is not a crime
[01:55:16.080 --> 01:55:19.600]  this goes to an adhesion contract
[01:55:21.600 --> 01:55:25.600]  okay now they've got a photograph here but i can't i can't even tell it's a car that they're
[01:55:25.600 --> 01:55:33.040]  photographing nevertheless they do have my license plate number so okay you got to understand these
[01:55:33.040 --> 01:55:39.600]  are large corporations and they make a lot of money doing this they don't care if it's legal or not
[01:55:39.600 --> 01:55:46.400]  so you know i guess i'm asking you is there am i better to send them a letter telling you telling
[01:55:46.400 --> 01:55:52.720]  them that they got the wrong person or should i just ignore it well depends on what you want to do
[01:55:52.720 --> 01:55:59.360]  this will it'll put a mark on your credit uh i didn't care because i don't use credit
[01:56:00.400 --> 01:56:08.160]  but if credit matters to you uh then you might look at credit and you might look at credit and
[01:56:08.160 --> 01:56:13.600]  then you might look at going after them under the fair debt collections practices act
[01:56:14.960 --> 01:56:20.560]  so the what i didn't get what you said fdcpa fair debt collection practices act
[01:56:21.840 --> 01:56:32.000]  fdc okay on the and the toll ticket did they accuse you of violating a statute
[01:56:32.000 --> 01:56:38.400]  uh i don't think so let's see they just have the
[01:56:40.640 --> 01:56:49.360]  a reference number bill id license plate original bill date uh march the 16th the
[01:56:49.360 --> 01:57:00.000]  violation date is not until may the 16th may the 2016 okay violation do they do they stipulate
[01:57:00.000 --> 01:57:06.720]  what the what the violation is let's see
[01:57:10.320 --> 01:57:17.920]  processing fee violation fee second violation fee total amount due that's nothing um
[01:57:20.960 --> 01:57:28.240]  okay frankly i'm the wrong guy for this because i'm not knowledgeable in the toll ticket issue
[01:57:28.240 --> 01:57:34.960]  uh the red light cameras was a little different because they were clearly accusing you of violating
[01:57:34.960 --> 01:57:40.480]  a penal statute toll ticket that's strictly commercial
[01:57:43.520 --> 01:57:51.200]  so there's probably a way to get rid of it and what these guys count on is it's such a small amount
[01:57:51.200 --> 01:57:55.600]  relative to what it would cost you to go to court with them that most people are just paying
[01:57:55.600 --> 01:58:04.480]  it so it depends on what you want to do do you just want this to go away or do you want to
[01:58:04.480 --> 01:58:11.600]  fight this and have fun with it well i don't even know what to do i mean i have no idea
[01:58:12.880 --> 01:58:17.600]  what to do if i want to fight it or what to do if i don't want to fight it okay that's
[01:58:17.600 --> 01:58:22.560]  you have to decide if you want to fight it it'll be a fight because they make a whole lot of money to
[01:58:22.560 --> 01:58:29.200]  than this and they don't want anybody getting around them so they got a lot of money to fight
[01:58:29.200 --> 01:58:35.440]  you with but as a pro se litigant you've got a lot of tools to cost them a lot of money so you
[01:58:35.440 --> 01:58:41.200]  have to decide what you want to do hang on about to go to break randy kelton lula radio we'll be
[01:58:41.200 --> 01:58:55.120]  right back the bible remains the most popular book in the world yet countless readers are
[01:58:55.120 --> 01:59:00.960]  frustrated because they struggle to understand it some new translations try to help by simplifying
[01:59:00.960 --> 01:59:07.600]  the text but in the process can compromise the profound meaning of the scripture enter the
[01:59:07.600 --> 01:59:14.000]  recovery version first this new translation is extremely faithful and accurate but the real
[01:59:14.000 --> 01:59:21.040]  story is the more than 9 000 explanatory footnotes difficult and profound passages are opened up in a
[01:59:21.040 --> 01:59:26.160]  marvelous way providing an entrance into the riches of the word beyond which you've ever
[01:59:26.160 --> 01:59:32.080]  experienced before bibles for america would like to give you a free recovery version simply for
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