ROL_2017-03-10_16k_Hr3-4.timecode

[00:00.000 --> 00:06.000]  The following news flash is brought to you by the Lone Star Lowdown, providing your daily
[00:06.000 --> 00:08.000]  bulletins for the commodity 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, Texas 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 --> 01:12.000]  border has dropped 40 percent since President Trump took office. On average, 1,300 a day
[01:12.000 --> 01:17.000]  were being stopped in January, and now that figure has dropped to about 840, which is
[01:17.000 --> 01:21.000]  totally unlike the usual 10 to 20 percent surge usually seen 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 --> 01:34.000]  can make an impact. Fewer people are putting themselves and their families at risk of
[01:34.000 --> 01:38.000]  exploitation, assault, and injury by human traffickers, and the physical dangers of the
[01:38.000 --> 01:40.000]  treacherous journey north.
[01:40.000 --> 01:44.000]  Valya 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 this representing the capability of vehicles with diesel engines it imported
[02:20.000 --> 02:25.000]  into the United States. U.S. District Court Judge Sean Cox in Detroit accepted the plea
[02:25.000 --> 02:30.000]  but 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 --> 03:17.000]  This was Rook Rody with your Lowdown for March 10th, 2017.
[03:17.000 --> 03:33.000]  Okay, we are back. Randy Kelton, the ruler of La Radio, and we're talking to Paul in
[03:33.000 --> 03:35.000]  Texas. Paul?
[03:35.000 --> 03:48.000]  Okay, I found something that says, it says Transportation Code Paragraph 370.177.
[03:48.000 --> 03:56.000]  Oh, okay. So they're charging you under transportation code. So prepare to challenge subject matter
[03:56.000 --> 04:09.000]  restriction. By what authority is whoever this is purporting to enforce the Texas Transportation
[04:09.000 --> 04:15.000]  Code? Have you listened to Eddie's show?
[04:15.000 --> 04:17.000]  Go ahead.
[04:17.000 --> 04:20.000]  Have you listened to Eddie Craig's show?
[04:20.000 --> 04:22.000]  Oh, I have heard his show, yes.
[04:22.000 --> 04:27.000]  Okay, he's the guy to go to. But if they're enforcing transportation code, then we've
[04:27.000 --> 04:30.000]  got lots of arguments.
[04:30.000 --> 04:35.000]  Oh, okay. Okay, but that is the key, that it is the transportation code that they're
[04:35.000 --> 04:36.000]  addressing this.
[04:36.000 --> 04:41.000]  Yes. Do they list a court?
[04:41.000 --> 04:47.000]  Transportation code for payment. Well, that would be down towards the bottom. They tell
[04:47.000 --> 04:55.000]  me how to send them money. Make a check or a money order to MSB, write the reference
[04:55.000 --> 04:59.000]  number on your check, allow 10 days.
[04:59.000 --> 05:08.000]  Wait, is it addressed to a corporation or to a court?
[05:08.000 --> 05:18.000]  Make a check or a money order out to MSB, Mother Sam Bruce, and write the reference
[05:18.000 --> 05:23.000]  number on your check.
[05:23.000 --> 05:37.000]  Send MSB an inquiry requesting their authority to collect this debt. Send them a death
[05:37.000 --> 05:44.000]  validation letter.
[05:44.000 --> 05:48.000]  And let them, if they're going to try to enforce the debt, they're going to have to claim a
[05:48.000 --> 05:53.000]  jurisdiction. Once you get the jurisdiction, then you can file a challenge subject matter
[05:53.000 --> 05:56.000]  jurisdiction with the jurisdiction.
[05:56.000 --> 06:01.000]  Okay, how do I do this debt validation letter? How do I do that?
[06:01.000 --> 06:10.000]  You want to know, you sent me this demand that I pay you money. I never entered into
[06:10.000 --> 06:19.000]  a contract with you. I don't know who you are. Validate this debt. That's under the
[06:19.000 --> 06:25.000]  Fair Debt Collections Practices Act. That imposes a specific duty on them. Now they
[06:25.000 --> 06:33.000]  have to show you how you owe the debt. If they fail to do so, the attempt at collecting
[06:33.000 --> 06:42.000]  the debt becomes a violation. And that, you go to Logos Radio Network and look up, there's
[06:42.000 --> 06:51.000]  a blue banner there for, what's his name? I'm having old people moments today.
[06:51.000 --> 06:57.000]  Mike Miras. Mike Miras will show you how to go after them under Fair Debt Collections
[06:57.000 --> 07:02.000]  Practices Act.
[07:02.000 --> 07:09.000]  Wait, I couldn't understand you.
[07:09.000 --> 07:20.000]  Collections Practices Act, FDCPA. You can look it up on the internet under FDCPA.
[07:20.000 --> 07:21.000]  Debt Validation.
[07:21.000 --> 07:31.000]  Okay, hold on. Just send an email to randy at ruleoflawradio.com and I will send you
[07:31.000 --> 07:36.000]  a debt validation letter.
[07:36.000 --> 07:43.000]  Okay. Okay, I send them a letter which says, hey, you sent me a letter. I don't have any
[07:43.000 --> 07:47.000]  contract with you. Don't do something.
[07:47.000 --> 07:52.000]  Yeah, don't try to write all that down. Just send me an email, I'll send you one. You
[07:52.000 --> 07:57.000]  don't know who these people are. They sent you this demand for payment. Now you want
[07:57.000 --> 08:03.000]  them to prove up who they are. I used to know a professional criminal. And the way he made
[08:03.000 --> 08:15.000]  his standard income is he sent $10 to $25 bills. Now this was in the early 70s. So that
[08:15.000 --> 08:22.000]  would be like $50, $60 bill today. He would send bills to these different corporations.
[08:22.000 --> 08:30.000]  If the bill is small enough, the corporation will just pay it. Not worth arguing over,
[08:30.000 --> 08:31.000]  they just pay it.
[08:31.000 --> 08:38.000]  That's how he made his money. If they figure out that they didn't really owe him the debt
[08:38.000 --> 08:45.000]  in the first place, they have no recourse. Because if he told them to pay him money and
[08:45.000 --> 08:50.000]  they paid him money, this is all civil, they can sue him in the civil court, but it wasn't
[08:50.000 --> 08:53.000]  worth it. So they just paid it.
[08:53.000 --> 09:00.000]  Well, this guy, he was at least honest in the fact that he was a criminal. He said,
[09:00.000 --> 09:06.000]  I'm a criminal. This is how I make my money. Debt collection companies, they don't admit
[09:06.000 --> 09:14.000]  that they're criminals and they do the same thing. These guys send you this debt and it's
[09:14.000 --> 09:21.000]  because it puts a mark on your credit, it's a lot less expensive for them to force you
[09:21.000 --> 09:30.000]  to pay a debt you don't owe. It's less expensive for you to pay the debt you don't owe rather
[09:30.000 --> 09:36.000]  than try to fight them. So that's where the Fair Debt Collections Practices Act comes
[09:36.000 --> 09:37.000]  in.
[09:37.000 --> 09:42.000]  Once you send the debt validation letter, until they validate the debt, they're stopped
[09:42.000 --> 09:51.000]  from further collection practices. Then if they call you, then it's 1500 bucks a pop.
[09:51.000 --> 09:56.000]  Now you let that build up, let them keep calling you and then you file a claim against them.
[09:56.000 --> 10:03.000]  Mike Mariskin will show you just exactly how to do that and literally set them up. So they
[10:03.000 --> 10:09.000]  pay you to go away. We have someone on the caller board, Mark from Wisconsin. He can
[10:09.000 --> 10:14.000]  tell you all about that. He got a couple of debt collectors to pay him to go away and
[10:14.000 --> 10:20.000]  leave them alone. Mark, are you there?
[10:20.000 --> 10:22.000]  Yes, I am.
[10:22.000 --> 10:26.000]  Will you explain how this works?
[10:26.000 --> 10:34.000]  Sure, sure. The Fair Debt Collection Billing Act exists and what you want to do is you
[10:34.000 --> 10:40.000]  want to read the Fair Debt Collection Billing Act. Again, follow an old host on this radio
[10:40.000 --> 10:45.000]  show, Attorney Graves used to have a show.
[10:45.000 --> 10:52.000]  Okay, that was good. You said follow an old host and I thought you were going to speak
[10:52.000 --> 10:58.000]  to me. That would have got technical difficulty. But Dr. Frederick Graves, you can call him
[10:58.000 --> 11:01.000]  old if you have my permission.
[11:01.000 --> 11:11.000]  Well, he was an old host. He's not hosting anymore. So he gives an analogy that you're
[11:11.000 --> 11:17.000]  playing the game of baseball and if you think you understand the game of baseball and think
[11:17.000 --> 11:23.000]  you know the rules and play by what you think versus what the rules are written down, you're
[11:23.000 --> 11:26.000]  going to get in trouble. In the case of the Fair Debt Collection Billing Act, you should
[11:26.000 --> 11:33.000]  go ahead and read it. What you do is you send a debt collection validation letter telling
[11:33.000 --> 11:40.000]  these people to validate the debt. And you can also add in there how you wish to only
[11:40.000 --> 11:49.000]  be contacted by a mail. Now also, and this is an interesting part with the credit report,
[11:49.000 --> 11:56.000]  15, 20 years ago, everything you did credit wise was on the credit report. What ended
[11:56.000 --> 12:03.000]  up happening is almost no one reports negative things on the credit report anymore because
[12:03.000 --> 12:11.000]  that allows for the collection to toll if it turns out that the information is wrong.
[12:11.000 --> 12:23.000]  And so the purpose here is to create a tolling of the $500 fine that becomes almost automatic
[12:23.000 --> 12:25.000]  and with the treble damage.
[12:25.000 --> 12:33.000]  Okay, Mark, the $500 has been increased to $1500.
[12:33.000 --> 12:38.000]  Okay, well I thought it was $500 but you almost always got treble and so therefore it became
[12:38.000 --> 12:40.000]  $1500.
[12:40.000 --> 12:45.000]  Could be. I could be wrong. I was once.
[12:45.000 --> 12:53.000]  That's my understanding of it. But the point is if $500 or $1500, none of the debt collectors
[12:53.000 --> 12:59.000]  want that money leaving their pocket. So they're eventually just going to get bored and go
[12:59.000 --> 13:08.000]  away. I found what's been effective is if you have a domain name that you own that sends
[13:08.000 --> 13:18.000]  a message that you are not a person to be trifled with as an attorney works quite well.
[13:18.000 --> 13:28.000]  In the particular case, you could pick something along a variation of bar grievances. You use
[13:28.000 --> 13:38.000]  a name, a domain like that and your name. Lawyers tend to get very nervous. As an example,
[13:38.000 --> 13:45.000]  I was walking a floor at a trade show. A lawyer came running up to me, hi, I'm a lawyer, et
[13:45.000 --> 13:51.000]  cetera. I smiled. I explained. I said, I'm not a person you really want to get to know
[13:51.000 --> 13:57.000]  well. I have bar grieve lawyers. He looked, blinked and said, yeah, you're right. Walked
[13:57.000 --> 14:05.000]  away. Because at a certain point, that's who's going to be knocking on your door. Commercial
[14:05.000 --> 14:14.000]  collection is far easier than collection against people. What they're doing is they just hope
[14:14.000 --> 14:19.000]  that you pay, keep sending you paperwork. As Randy said, if you're not worried about
[14:19.000 --> 14:29.000]  a credit rating, then don't worry about collecting, them collecting. But taking proactive steps,
[14:29.000 --> 14:39.000]  every step of the way puts you in better stead if they do decide to collect. You have to
[14:39.000 --> 14:47.000]  show that I sent a letter on this date. I did this. I did that. You can also, when you
[14:47.000 --> 14:53.000]  send a letter, if you send a registered letter and a non-registered letter, the courts will
[14:53.000 --> 15:03.000]  take the proof of sending both as, well, it's possible that one letter won't get to them.
[15:03.000 --> 15:09.000]  But two? No, no. We think the post office doesn't make mistakes that two letters won't
[15:09.000 --> 15:16.000]  get to them. And by sending the non-registered one, it's much harder for them to play the
[15:16.000 --> 15:28.000]  game of, oh, we didn't get it. And with today's ubiquitous panopticon, take your cell phone
[15:28.000 --> 15:35.000]  and keep the letter in frame. Show yourself mailing it. I don't know of any cases that
[15:35.000 --> 15:41.000]  have pivoted on that, but pictures worth a thousand words, and the moving picture must
[15:41.000 --> 15:54.000]  be worth a thousand words at 30 frames a second. So that's what I have on debt validation in
[15:54.000 --> 16:00.000]  chasing after these people. At the point where you look like you're going to be more trouble,
[16:00.000 --> 16:07.000]  they'll just return the debt to the original people. They'll resell it to somebody else,
[16:07.000 --> 16:14.000]  and the cycle will just continue. In Wisconsin, they've changed one of the features of this
[16:14.000 --> 16:23.000]  process was prove up your ownership. In Wisconsin, they did change the law that the people who
[16:23.000 --> 16:30.000]  are trying to collect don't have that barrier anymore. And I don't know how that's going
[16:30.000 --> 16:38.000]  to affect collections because it hasn't been litigated fully yet. And I hear the break.
[16:38.000 --> 16:47.000]  Oh, okay. I couldn't hear the music for some reason. Okay. Hang on, Paul, Mark. We'll be
[16:47.000 --> 16:54.000]  right back on the other side. We'll be right back.
[17:17.000 --> 17:24.000]  We'll be right back.
[17:47.000 --> 17:54.000]  We'll be right back.
[18:17.000 --> 18:24.000]  We'll be right back.
[18:47.000 --> 18:54.000]  We'll be right back.
[19:17.000 --> 19:24.000]  We'll be right back.
[19:24.000 --> 19:35.000]  Okay. We are back. Randall Kelton, the Root of Law Radio. We're talking to Paul in Texas.
[19:35.000 --> 19:38.000]  There we go. Okay, Paul.
[19:38.000 --> 19:45.000]  I'm going to email you. I'm going to send you an email so that you can return this document
[19:45.000 --> 19:52.000]  that you say may be helpful to me. And I'll read whatever it is that Fair Jet Collections
[19:52.000 --> 19:57.000]  asked. If I can find it, I guess you'll tell me how to find it.
[19:57.000 --> 20:02.000]  Yeah, just look up FDCPA.
[20:02.000 --> 20:18.000]  Let's see. Foxtrot, Delta, Charlie, Papa, Alpha. Tango Alpha. I haven't flown in a long
[20:18.000 --> 20:22.000]  time. I'm getting rusty on my international radio code.
[20:22.000 --> 20:35.000]  Frank, Tom, Doug, Charlie. No, no. Foxtrot, Delta.
[20:35.000 --> 20:39.000]  Just send me an email. I will do that.
[20:39.000 --> 20:40.000]  Okay.
[20:40.000 --> 20:45.000]  I'll send you an email and then you can get on to people who really have problems.
[20:45.000 --> 20:53.000]  And make sure you listen to Eddie Craig on Monday nights. You might call him. He may
[20:53.000 --> 20:58.000]  have some methods that I don't know about.
[20:58.000 --> 21:00.000]  Did you say Sunday night?
[21:00.000 --> 21:03.000]  No, Monday. Monday at 8, Central.
[21:03.000 --> 21:05.000]  Okay. All right. Thank you, sir.
[21:05.000 --> 21:13.000]  Okay. Thank you, Paul. Okay. Okay, Mark, what have you been up to?
[21:13.000 --> 21:18.000]  Well, it isn't so much what I want. I've been up to today. It's what I'd like to get up
[21:18.000 --> 21:28.000]  into. And since it deals with real estate, I thought you would be a good fox, director
[21:28.000 --> 21:36.000]  of the fox hunt to show me the rabbit trail I need to run down. Have a private lake that's
[21:36.000 --> 21:45.000]  in a sandy area, it's got 50 acres of water, and it's spring fed with no outlet, which
[21:45.000 --> 21:51.000]  would indicate that it's a seepage lake. So the sand around it, the water somehow gets
[21:51.000 --> 21:59.000]  out. They want to do some development on part of this lake, on the lower part of the lake,
[21:59.000 --> 22:05.000]  and they want to put a road in. What I'm worried about is that when they put this road in,
[22:05.000 --> 22:10.000]  they're going to crush the aquifer and create a situation where the lake is either going
[22:10.000 --> 22:18.000]  to ultimately find some other place to drain that nobody's going to be happy about.
[22:18.000 --> 22:25.000]  And I'm trying to figure out a way in which these people who might buy property on this
[22:25.000 --> 22:34.000]  lake to be formally made aware that this problem exists or this potential problem could exist
[22:34.000 --> 22:39.000]  and that they should exercise due diligence in whatever construction they might want to
[22:39.000 --> 22:54.000]  do surrounding this lake. Is this property within the boundaries of any municipality?
[22:54.000 --> 23:04.000]  Yes, it is. The municipalities had hearings on it. The developer was asked explicitly
[23:04.000 --> 23:13.000]  about this condition. The developer just looked at the person who asked the question, quietly
[23:13.000 --> 23:19.000]  gathered up, said nothing, gathered up his paper, shoved it in his briefcase, and left
[23:19.000 --> 23:24.000]  it there and never answered the question. And the municipality never followed up with
[23:24.000 --> 23:33.000]  the question, nor did anybody explicitly say in the minutes for that meeting and moved
[23:33.000 --> 23:40.000]  the municipality to make an amendment to the minutes to put on the record that this occurred.
[23:40.000 --> 23:46.000]  This gentleman did not answer the question. Subsequently, his position is that's what
[23:46.000 --> 23:53.000]  the courts are for, understanding that individuals involved with this have the sophistication,
[23:53.000 --> 23:57.000]  no sophistication to deal with the court system.
[23:57.000 --> 24:11.000]  So, Wisconsin has to have a lot of regulation concerning waterways. What does Wisconsin
[24:11.000 --> 24:18.000]  law say about messing with the aquifer?
[24:18.000 --> 24:25.000]  Part of it is you have to prove and show that this is going to happen. In the particular
[24:25.000 --> 24:31.000]  case, the people involved have a history with a different aquifer in a different part of
[24:31.000 --> 24:38.000]  the state, notably when they put in an extension to the freeway. The freeway crushed the aquifer
[24:38.000 --> 24:44.000]  and caused extreme flooding in a development that the city was involved with, and the city
[24:44.000 --> 24:52.000]  had to go in and put drainage tiles everywhere to remediate. So, some of the people involved
[24:52.000 --> 24:59.000]  in this thing have an understanding of crushing the aquifer. The attitude thus far of every
[24:59.000 --> 25:07.000]  public official is, I used to have six people in my office, I'm now down to one, I don't
[25:07.000 --> 25:14.000]  have time, and the other variant is, has it happened yet? If it hasn't happened yet, we
[25:14.000 --> 25:20.000]  don't care. And that goes to Wisconsin. There was just a decision in the Wisconsin Supreme
[25:20.000 --> 25:28.000]  Court last week that reiterated construction defects, that there are four elements with
[25:28.000 --> 25:34.000]  the fourth element showing the damage that was caused by the screw-ups in the first three
[25:34.000 --> 25:41.000]  elements. So, we have no official thing of, this is where the aquifers really are, and
[25:41.000 --> 25:45.000]  of course, there is no crushed aquifer yet to show that there's a screw-up.
[25:45.000 --> 25:53.000]  Have you checked the federal water conservation people?
[25:53.000 --> 26:01.000]  The federal water rules thus far that we have run across discuss whether or not it's navigable
[26:01.000 --> 26:13.000]  and touches a river. Federal water conservation smacks of EPA, and EPA is in the process of
[26:13.000 --> 26:21.000]  going down the toilet. Flushed back into the fire.
[26:21.000 --> 26:27.000]  What makes an interesting conversation when it comes to litigation on this is the concept
[26:27.000 --> 26:36.000]  of EMERGY, E-M-E-R-G-Y, and this ultimately, this environmental accounting methodology
[26:36.000 --> 26:45.000]  done by Howard Odom, that ended up with a mangrove swamp. The most famous case is a
[26:45.000 --> 26:52.000]  mangrove swamp that cost the developer $400,000, when typically a mangrove swamp was valued
[26:52.000 --> 27:01.000]  at the wood in it. So, they got the environmental damage instead and racked it up to $400,000.
[27:01.000 --> 27:08.000]  So, there's something that can be done later, but I need to somehow construe notice, and
[27:08.000 --> 27:12.000]  the only way I could come up with construing notice is each of these parcels has to be
[27:12.000 --> 27:17.000]  registered at the registrar of deeds. I'm just not sure how I can go ahead and attach
[27:17.000 --> 27:24.000]  something as a third party with the registrar of deeds to say, hey, by the way, these concerns
[27:24.000 --> 27:32.000]  exist, such that they have constructive notice at the point where the title company pulls
[27:32.000 --> 27:36.000]  the legal description from the registrar of deeds.
[27:36.000 --> 27:50.000]  Okay, either you or someone interested party apparently holds a title to property in this
[27:50.000 --> 27:51.000]  area.
[27:51.000 --> 27:52.000]  Yes.
[27:52.000 --> 27:54.000]  Do they hold mineral rights?
[27:54.000 --> 28:07.000]  The other, I do not know if they hold mineral rights. That is a good point. All right. I
[28:07.000 --> 28:16.000]  will ask the owners of the other two-thirds of the property around the lake whether or
[28:16.000 --> 28:18.000]  not they own mineral rights.
[28:18.000 --> 28:27.000]  And one suggestion you might call the city of Austin because in the city of Austin, the
[28:27.000 --> 28:38.000]  aquifers in and around Travis County are a really, really big deal. And these folks,
[28:38.000 --> 28:44.000]  they're going to have people there that are familiar with all the federal regulations
[28:44.000 --> 28:50.000]  concerning dealing with aquifers because they deal with this all the time. They have green
[28:50.000 --> 28:56.000]  belts through Austin that are for the purpose of feeding the aquifers. I know we're in
[28:56.000 --> 29:03.000]  Texas and we don't get as much rain as you do in Wisconsin. So replenishing those aquifers,
[29:03.000 --> 29:11.000]  you can't go in and put in a parking lot unless you do a study to show how that parking
[29:11.000 --> 29:15.000]  lot is going to affect the aquifer.
[29:15.000 --> 29:16.000]  Okay.
[29:16.000 --> 29:21.000]  So these are people that are real familiar with this particular issue. So you might call
[29:21.000 --> 29:25.000]  them and they're likely to be very helpful.
[29:25.000 --> 29:34.000]  Okay. Is there some path then detaching to, oh, here comes the break.
[29:34.000 --> 29:39.000]  Okay. Hang on. We'll pick this up on the other side. Randy Kelton, Wheel of Law Radio,
[29:39.000 --> 29:46.000]  our call in number 512-646-1984. Terrence, Fred, Rodney, we'll see you there. We'll
[29:46.000 --> 29:51.000]  do our best to get to everybody. We'll be right back.
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[33:25.000 --> 33:53.000]  Okay.
[33:53.000 --> 33:59.000]  Okay. We are back. Randy Kelton, Rule of Law Radio, and we have our fundraiser going.
[33:59.000 --> 34:08.000]  So, please go to Logos Radio Network and look at some of the tools we have. We spoke earlier
[34:08.000 --> 34:20.000]  about Mike Miras' program. Mark, didn't you use Mike Miras' program when you went after
[34:20.000 --> 34:30.000]  a couple of credit cards? I did not buy his program, but I used his, the rabbit's trail
[34:30.000 --> 34:38.000]  that he pointed to and went down those trails. His stuff, these days, it's much harder to
[34:38.000 --> 34:46.000]  get a win on credit reporting that you used to be able to get a win on that people would
[34:46.000 --> 34:54.000]  do bad things, bad things in your credit report. They're just avoiding actual credit reporting
[34:54.000 --> 35:01.000]  for the most part. However, credit cards tend to be the companies that do. So, for the most
[35:01.000 --> 35:08.000]  part, the credit card companies just stop reporting things and, at least in my observation,
[35:08.000 --> 35:17.000]  stop reporting things. That's got to make it a lot harder for them to collect. Well,
[35:17.000 --> 35:23.000]  the leverage of actually what they seem to have moved to, and this may need to be litigated,
[35:23.000 --> 35:31.000]  there is a private database. When you walk into a bank, you'll see a little sign in many
[35:31.000 --> 35:39.000]  banks that say, we use check something in a check accounting database. They'll check
[35:39.000 --> 35:46.000]  your credit with this private database that is available only for members. So, if you
[35:46.000 --> 35:54.000]  have a series of banks that are trying to collect for overdue bills, what ends up happening
[35:54.000 --> 36:00.000]  is the effect of a blackball. You can't open a checking account in a new bank because
[36:00.000 --> 36:08.000]  other banks are trying to collect their hundred dollar usury fees. And I'm trying to remember
[36:08.000 --> 36:16.000]  it's check something, but that's the newest way. And I believe the credit card companies
[36:16.000 --> 36:24.000]  have there, but I really can't check those unless I go to a bank to try and open an account
[36:24.000 --> 36:34.000]  and get turned down. Then I'd be able to check that. Then you'd have demonstrable harm. Are
[36:34.000 --> 36:40.000]  you aware of how they're using, how this gets around the Fair Debt Collectance Practices
[36:40.000 --> 36:47.000]  Act? That's why I'm saying you'd have to try to open an account somewhere and get turned
[36:47.000 --> 36:52.000]  down because of the information. This is how I found out because they said, oh, we check
[36:52.000 --> 36:59.000]  here. Oh, you don't have anything. They acted surprised and I wouldn't expect anything.
[36:59.000 --> 37:06.000]  And then I got told by the chatty teller that what this system was and why they were using
[37:06.000 --> 37:12.000]  it. And I had to sign a sheet of paper saying that they were going to use this and it was
[37:12.000 --> 37:17.000]  copacetic with them. And if I didn't sign it, I was told, well, you weren't going to
[37:17.000 --> 37:24.000]  get an account. There was no chance of getting an account. So that's, they're not getting
[37:24.000 --> 37:31.000]  around the Fair Debt Collection Billing Act. It's just that it's not commonly available
[37:31.000 --> 37:40.000]  like the three big credit cards and it isn't part of the three check here once a year system.
[37:40.000 --> 37:50.000]  Well, I'm thinking how would it, it would still fall under all of the current regulations,
[37:50.000 --> 37:56.000]  I would think. Correct. Correct. Once you've been harmed,
[37:56.000 --> 38:06.000]  the harm per se seems to have been determined by courts with the ubiquity of the credit
[38:06.000 --> 38:17.000]  report in the system that exists because people to get housing or other things run the three,
[38:17.000 --> 38:25.000]  a credit report or a three agency credit report. They don't allow, as far as I'm aware,
[38:25.000 --> 38:32.000]  they don't allow this bank, you haven't paid your bank balances with another bank system.
[38:32.000 --> 38:39.000]  They don't allow that to renters, people who are seeking to check into the background of
[38:39.000 --> 38:48.000]  a renter. So therefore it doesn't trip up those things that rulings have been made on
[38:48.000 --> 38:55.000]  as far as I'm aware. So they're trying to find a way to just stay under the radar.
[38:55.000 --> 39:03.000]  Right. Right. Because you not having a bank account, the courts haven't found at this point
[39:03.000 --> 39:10.000]  a harm per se. You have politicians like the previous president complaining about how there
[39:10.000 --> 39:19.000]  are 15 million unbanked, et cetera, et cetera. But you can still get a cash check and all
[39:19.000 --> 39:28.000]  of those things in the $5 fee for the cash in the check or the 5% fee or the 15% fee or whatever.
[39:28.000 --> 39:36.000]  The banks have, the courts haven't found that that is a harm per se. It's just a cost of doing business.
[39:36.000 --> 39:44.000]  But if I go down to get a loan from my bank and my bank checks this credit rating system
[39:44.000 --> 39:54.000]  and gives me an interest rate higher than their best deal, shouldn't I be able to claim that as harm?
[39:54.000 --> 40:03.000]  Yes. But you'd have to go ahead and have that and get the bank to confess that yeah,
[40:03.000 --> 40:10.000]  we're doing this for this reason. I'd like to think that the bank wouldn't do that confession,
[40:10.000 --> 40:17.000]  but I've done enough fraud work. People more happy to confess than you'd like to think.
[40:17.000 --> 40:24.000]  And the problem is, okay, do I have a recording of their confession? And how does my recording
[40:24.000 --> 40:31.000]  fall afoul of any federal rules, whether or not you could be recording in the bank
[40:31.000 --> 40:34.000]  and are you in the two-party consent state?
[40:34.000 --> 40:41.000]  Okay. So Texas is, and you can now record public officials in Texas.
[40:41.000 --> 40:52.000]  We just got a Fifth Circuit ruling. Some kid in Fort Worth, apparently a college student,
[40:52.000 --> 40:59.000]  Terrence, I think of his name in a second, Wilson, I believe, he was across the street
[40:59.000 --> 41:05.000]  from the Fort Worth Police Department filming and the police got all excited
[41:05.000 --> 41:12.000]  and came over and cuffed him and left him in the car for two or three hours while they figured things out.
[41:12.000 --> 41:19.000]  Then they uncuffed him, gave him back his camera and sent him on his way and he sued him.
[41:19.000 --> 41:29.000]  And the court, this is an issue that I have, the court said that they would grant
[41:29.000 --> 41:37.000]  qualified immunity to the officers because the right to film was not clearly defined.
[41:37.000 --> 41:43.000]  Mark, what is wrong with that picture?
[41:43.000 --> 41:51.000]  Well, in the particular case of the federal, in the particular case of police officers,
[41:51.000 --> 42:00.000]  the federal law, the feds have said that no, you can record and that decision was a year,
[42:00.000 --> 42:08.000]  year and a half ago and ended up striking down some stuff in our district in the state beneath us.
[42:08.000 --> 42:14.000]  No, no, no. I was going to the nature of the decision.
[42:14.000 --> 42:23.000]  They said they would grant these officers qualified immunity because the right to videotape
[42:23.000 --> 42:31.000]  a police officer was not clearly defined. Duh!
[42:31.000 --> 42:41.000]  The authority of the police officer to interfere with me tape recording him or videotaping him
[42:41.000 --> 42:49.000]  must be clearly defined. My right to record does not need to be clearly defined.
[42:49.000 --> 42:55.000]  Wrong standard, but without taking on that standard for the moment,
[42:55.000 --> 43:02.000]  they said they gave them qualified immunity and then went on to say, but in the future,
[43:02.000 --> 43:06.000]  the right is clearly defined.
[43:06.000 --> 43:13.000]  So we got our ruling in Texas that says that you can videotape your public officials.
[43:13.000 --> 43:19.000]  I have a certain smart mouthed judge that had me cuffed when he said,
[43:19.000 --> 43:26.000]  Mr. Coulter, are you recording these proceedings? I said, yes, I am.
[43:26.000 --> 43:33.000]  And he had the bailiff throw the cuffs on me. But after about 10 minutes, he decided to take them off.
[43:33.000 --> 43:40.000]  So I'm going to go back to his court. Turns out at the time he did that,
[43:40.000 --> 43:46.000]  this ruling hasn't come, hadn't come down yet. Now the ruling is down.
[43:46.000 --> 43:52.000]  And I'm going to go back to his court and get him to do that again.
[43:52.000 --> 43:56.000]  And stingy good. Okay. I took us off subject.
[43:56.000 --> 43:58.000]  All right. We got a break.
[43:58.000 --> 44:02.000]  Okay. Hang on.
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[46:20.000 --> 46:26.000]  Okay, we are back. Randy Kelton, the Rule of Law Radio, and we're talking to Mark in Wisconsin.
[46:26.000 --> 46:31.000]  And Mark, I really need to move on. I kind of sidetracked us in other issues.
[46:31.000 --> 46:38.000]  Have we pretty well addressed what you were here for?
[46:38.000 --> 46:45.000]  Well, I'm still wondering if I can attach, well, first off, on your commentary about recording in court,
[46:45.000 --> 46:54.000]  might I suggest the pivot-head line of glasses? Does 1080p and has a font right between the middle of your eyeballs?
[46:54.000 --> 46:58.000]  Oh, send me a link.
[46:58.000 --> 47:00.000]  Will do, sir.
[47:00.000 --> 47:07.000]  Well, what I'm going to do, I'm going to record openly to challenge them.
[47:07.000 --> 47:14.000]  I don't want to hide it. I want to hold up my cell phone and point it at them and just really be obnoxious.
[47:14.000 --> 47:26.000]  That's the kind of guy I am. Mark, did I lose you?
[47:26.000 --> 47:35.000]  Looks like we lost, yeah, we lost Mark. He dropped. Okay, going to go to Terrence in Florida.
[47:35.000 --> 47:40.000]  Hello, Terrence. What do you have for us today?
[47:40.000 --> 47:42.000]  Hello, Randy. Can you hear me well?
[47:42.000 --> 47:44.000]  I can hear you.
[47:44.000 --> 47:52.000]  Oh, good. I got a friend who is arrested for possession and paraphernalia, less than 20 grams,
[47:52.000 --> 48:04.000]  five grams according to the officer's weight. And I have a few questions about the matter.
[48:04.000 --> 48:16.000]  So first, is the state, if I was to sue you, I would have to post a bond to cover you in case my suing you caused you harm. Is that true?
[48:16.000 --> 48:28.000]  No, not necessarily. Now, if the other side, not as far as I know, sometimes when you say suing you,
[48:28.000 --> 48:35.000]  are you talking about suing a governmental entity?
[48:35.000 --> 48:42.000]  Well, no, I'm talking about the governmental entity suing me or charging me. If they file a claim against me,
[48:42.000 --> 48:45.000]  do they have to post a bond in case they cause me harm?
[48:45.000 --> 49:02.000]  No, no, that would interfere. Say I want to sue you and the court's going to come and say, well, before you can sue him and recover the harm to you,
[49:02.000 --> 49:10.000]  you have to put up a whole bunch of money in case you lose. No, that would interfere with my ability to seek remedy.
[49:10.000 --> 49:24.000]  So there is no bond necessary unless there are special circumstances and you go to the court and ask the court to issue a bond.
[49:24.000 --> 49:30.000]  They might, but there would have to be special circumstances. It's not something I've heard of.
[49:30.000 --> 49:42.000]  The only time there's a bond that I know of is after the case has been litigated and you file an appeal.
[49:42.000 --> 49:53.000]  Now you have a ruling against you and you're trying to overcome it. The other side has won their case, so they have a right to remedy.
[49:53.000 --> 50:03.000]  So the courts are going to say at this point they have a right to remedy and if you want to appeal, you have to make sure since the case has already been litigated
[50:03.000 --> 50:14.000]  that any further harm they get that would not have been included in the judgment, they're able to recover. So you have to put up this bond for it. Does that make sense?
[50:14.000 --> 50:28.000]  Yes, it does. So to add an arraignment to ask the question or I demand the bond be immediately brought forward so I can see who will indemnify me in the event I am harmed or damaged would be inappropriate.
[50:28.000 --> 50:46.000]  Yes, it would be inappropriate. Your remedy is to sue for malicious prosecution, false imprisonment, whatever the claims you would have would be. You would have to litigate those directly.
[50:46.000 --> 51:08.000]  But we were talking last week about filing a counter complaint in a civil act, in a criminal action. My first response was, no you can't do that because I've had judges say, oh you can't do that, this is criminal.
[51:08.000 --> 51:31.000]  But then I got to thinking about my own rules and one of my rules is never make a proactive statement of law out of your own mouth. So I just kind of knee jerk said you can't do that and I was talking to Scott Richardson at the time and he's suing over traffic tickets all over the place.
[51:31.000 --> 51:46.000]  And then I had to back up and say, no wait a minute. I said you can't file a counter complaint in a criminal action but that was out of my own mouth. Where is that in law?
[51:46.000 --> 51:50.000]  I can't find it.
[51:50.000 --> 51:58.000]  I can find nothing that prevents an individual from filing a counterclaim.
[51:58.000 --> 52:02.000]  That might be an option.
[52:02.000 --> 52:04.000]  Okay.
[52:04.000 --> 52:06.000]  Second question.
[52:06.000 --> 52:18.000]  Would I file a motion to dismiss request for discovery in a brain request before, at, or after an arraignment?
[52:18.000 --> 52:34.000]  I would like to see what the code says on arraignment in Florida, but I take it this was not a Class C misdemeanor.
[52:34.000 --> 52:50.000]  The reason I was going there is in Texas, arraignment. An arraignment may be held in a case of a felony or a misdemeanor punishable by imprisonment. There is a very clear restriction.
[52:50.000 --> 53:00.000]  They can't hold an arraignment in a Class C misdemeanor case. So was he charged with Class C or something above?
[53:00.000 --> 53:13.000]  I'm looking real fast. It just says misdemeanor, but it is punishable by a year in prison.
[53:13.000 --> 53:16.000]  Okay. That's going to be a Class A misdemeanor. Okay.
[53:16.000 --> 53:32.000]  An arraignment is a hearing for the purpose of determining the identity of the accused and taking a plea. So technically an arraignment is not a motion hearing.
[53:32.000 --> 53:43.000]  It's merely a first appearance before the court where the court makes a determination specifically of who you are and takes a plea from you.
[53:43.000 --> 53:57.000]  So no, you could file it afterward. All of your motions and pleadings must be filed seven or ten days, depending on the jurisdiction, before trial.
[53:57.000 --> 54:11.000]  So as far as I know, that's the only real restriction on when you can file motions or pleadings. I suggest you get a challenge subject matter jurisdiction in first.
[54:11.000 --> 54:27.000]  Challenge the subject matter and not, because I have a motion to strike or dismiss, fulfilling to present a cause of action or a crime.
[54:27.000 --> 54:31.000]  Oh, failure to state, essentially failure to state a claim. Okay.
[54:31.000 --> 54:44.000]  In a criminal, it's generally not how you would go with this. You would challenge the charging instrument is insufficient.
[54:44.000 --> 55:02.000]  Okay. There is none. In this matter, all I have are the documents I got for being jailed and released from jail and posting to the bond.
[55:02.000 --> 55:15.000]  And I sat in a hearing this past week to see what they do. And every person that went in front of the judge or magistrate or whatever it was, I don't know.
[55:15.000 --> 55:25.000]  It was they were not presented with any paperwork whatsoever, except a form to plead guilty or no contest or.
[55:25.000 --> 55:40.000]  Okay. Read Gerstein Pugh. Send me an email. I'll send it to you. Gerstein Pugh is a Florida case, 1976 case, I believe, 75 or 76.
[55:40.000 --> 55:56.000]  And it chastised the state of Florida for not holding an exam trial, but it did not dictate to the state of Florida specifically how they would hold an examining trial.
[55:56.000 --> 56:00.000]  So Florida didn't do one.
[56:00.000 --> 56:16.000]  That's a good challenge, subject matter jurisdiction challenge. And from studying Texas law, this will be pretty close to how Florida law almost has to be.
[56:16.000 --> 56:35.000]  The way I read the code, the only way a trial court can accrue subject matter jurisdiction is on a determination of probable cause by a magistrate.
[56:35.000 --> 56:56.000]  A criminal complaint by an individual does not need to be best evidence. It can be hearsay. The way they do tickets is the policeman comes in, he drops off all his tickets, and the clerk actually files the complaint based on what she reads in the ticket.
[56:56.000 --> 57:01.000]  That's purely hearsay, but that's okay for a complaint.
[57:01.000 --> 57:12.000]  The complaint gives a magistrate jurisdiction to hold an examining trial and make a determination of probable cause.
[57:12.000 --> 57:21.000]  Once the magistrate has issued a probable cause determination, then that determination is forwarded to the clerk of the court of jurisdiction.
[57:21.000 --> 57:38.000]  And now the court of jurisdiction has jurisdiction in the case. Then they'll hold an arraignment. They don't need to test the probable cause because the magistrate should have already done that.
[57:38.000 --> 57:58.000]  So, look at Florida law. We have specific statutes in Texas that say if a person is arrested without a warrant, they are to be taken directly to the nearest magistrate for probable cause determination.
[57:58.000 --> 58:07.000]  This requirement of probable cause has been in code since 1216 AD.
[58:07.000 --> 58:13.000]  So it's going to be written into Florida code.
[58:13.000 --> 58:31.000]  Look carefully at the code and you will find, look how the magistrate and the trial court interact with one another and go after the fact that there was no examining trial.
[58:31.000 --> 58:50.000]  Hang on. We're into Kelton. We'll move the radio. Call in numbers 512-646-1984. We'll be right back.
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[59:13.000 --> 59:18.000]  The free books are a three volume set called Basic Elements of the Christian Life.
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[59:27.000 --> 59:40.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:40.000 --> 59:50.000]  That's 888-551-0102 or visit us online at bfa.org.
[59:50.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.000 --> 01:00:20.000]  The following news flash is brought to you by the Lone Star Lowdown, providing your daily bulletins for the commodities market. Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:20.000 --> 01:00:43.000]  Markets for Friday, the 10th of March, 2017, are currently trading with gold at $1,197.81 an ounce, silver at $16.89 an ounce, Texas crude at $49.28 a barrel, and Bitcoin is at $1,198 U.S. currency.
[01:00:43.000 --> 01:00:59.000]  Today in history, the year 1959, the Tibetan uprising. Fearing the abduction attempt by China, 300,000 Tibetans surround the Dalai Lama's palace to prevent his removal. Today in history.
[01:00:59.000 --> 01:01:21.000]  In recent news, according to new figures released by the U.S. Customs and Border Protection, the number of immigrants caught by border patrol agents attempting to cross the southwest border has dropped 40% since President Trump took office. On average, 1,300 a day were being stopped in January, and now that figure has dropped to about 840, which is totally unlike the usual 10 to 20% surge usually seen in February.
[01:01:21.000 --> 01:01:31.000]  Homeland Security Secretary John Kelly stated that, quote, the early results show that enforcement matters, deterrence matters, and that the comprehensive immigration enforcement can make an impact.
[01:01:31.000 --> 01:01:40.000]  Fewer people are putting themselves and their families at risk of exploitation, assault, and injury by human traffickers, and the physical dangers of the treacherous journey north.
[01:01:40.000 --> 01:01:54.000]  Viya Hipsman, a policy analyst at the Migration Policy Institute Think Tank in Washington, D.C., attributes the change to perception, saying that, quote, what we're seeing is really about perception. The orders offer the possibility of very meaningful changes at the border.
[01:01:54.000 --> 01:02:12.000]  Increased attentions, more people subject to rapid deportations, so that creates a perception that it's more difficult to reach the United States. More importantly, there is a lot of fear inside of the U.S., and those feedback loops reach people who are thinking about making the journey.
[01:02:12.000 --> 01:02:41.000]  The Volkswagen Group pleaded guilty Friday today to three charges of fraud, obstruction of justice, and this representing the capability of vehicles with diesel engines imported into the United States. U.S. District Court Judge Sean Cox in Detroit accepted the plea, but wants more time to review the terms of the settlement, which proposes a $2.8 billion criminal fine, a $1.5 billion settlement for environmental customs and financial violations, and settlements worth about $17 billion for U.S. consumers and dealers who own the automakers' diesel vehicles.
[01:02:41.000 --> 01:02:54.000]  Another hearing was set for April 21st. Eligible Volkswagen and Audi vehicles include a wide variety of two- and three-liter, four- and six-cylinder diesel engine models spanning from 2009 to 2016.
[01:02:54.000 --> 01:03:11.000]  This was Rick Roady with your Lowdown for March 10th, 2017.
[01:03:24.000 --> 01:03:38.000]  Okay, we are back. Randy Kelton with the Root of Low Radio, and we're talking to Terrence in Florida.
[01:03:38.000 --> 01:03:56.000]  It is my position that the approach when defending in a criminal or any litigation is to start at the beginning. Don't presuppose or stipulate anything.
[01:03:56.000 --> 01:04:10.000]  And the place to start in criminal is the authority of the court to hold you to answer for a criminal claim or a criminal act.
[01:04:10.000 --> 01:04:33.000]  And Gerstein Pugh, let me read, pre-trial probable cause determination and adversary preliminary hearings. This is Rule 3.133, pre-trial probable cause determination and adversary preliminary hearing.
[01:04:33.000 --> 01:04:59.000]  Defended in custody in all cases in which the defendant is in custody, a non-adversary probable cause determination shall be held before a judge within 48 from the time of the defendant's arrest, provided, however, that this proceeding shall not be required when a probable cause determination has been previously made by a judge and an arrest warrant issued for the specific offense for which the defendant is charged.
[01:04:59.000 --> 01:05:23.000]  Okay, that's the statute. Then I have some, I did a search for non-adversarial probable cause. And what I hit on was just the U.S. law. And they go right to Gerstein Pugh.
[01:05:23.000 --> 01:05:35.000]  These amendments and new rules are necessitated by the United States Supreme Court's decision construing the Florida Rules of Criminal Procedure in Gerstein Pugh 421-03.
[01:05:35.000 --> 01:05:42.000]  It doesn't show the year, but I think it's 1975. Yeah, it is, March is 1975.
[01:05:42.000 --> 01:05:58.000]  The rule, okay, and its specific holding that the Fourth Amendment requires a judicial determination of probable cause as a prerequisite to extended restraint on liberty following arrest.
[01:05:58.000 --> 01:06:20.000]  Gerstein Pugh criticized Florida for holding this hearing where all the judge does is set bail. And they required that Florida develop a procedure for holding a proper examining trial.
[01:06:20.000 --> 01:06:39.000]  They did not propose to intrude on the state sovereignty by dictating what the state would do. They left it to the state. Well, what the state did effectively was absolutely nothing.
[01:06:39.000 --> 01:06:57.000]  So Terrence, the reason I jumped on this right away is because I've ran into it before. And the one thing the courts, especially the criminal courts, hate more than anything is having to go to appeal.
[01:06:57.000 --> 01:07:14.000]  And when they go to appeal, the last thing they want is to have to address an issue that would be seminal, that would change everything for them.
[01:07:14.000 --> 01:07:38.000]  And Gerstein Pugh is certainly right for a claim that Florida did not meet the requirements of Gerstein Pugh and sued to order the state of Florida to change their statute and procedures in order to conform to the constitutional requirements for due process.
[01:07:38.000 --> 01:07:52.000]  How does that sound, Terrence? That sounds good. What's running through my brain is at arraignment. I would, how would I state that to the judge or magistrate?
[01:07:52.000 --> 01:08:16.000]  Challenge to subject matter jurisdiction. I'm here at arms length to the court. There has never been a proper determination of probable cause in this matter. Therefore, the court lacks subject matter jurisdiction. It would take a nice hefty pleading.
[01:08:16.000 --> 01:08:35.000]  Okay. What you're going to need to do is, okay, this is, this is the threat you hold out in front of them. Now you're going to need to go to probable cause, go to the process.
[01:08:35.000 --> 01:08:50.000]  You need to give them a way to say, oh, doggone it, somebody along the way forgot to dot this I. Gee willikers, now we're going to have to dismiss this.
[01:08:50.000 --> 01:09:00.000]  We don't want to. Well, we hate this, but now we're going to have to dismiss it. Never back a bear into a corner unless you give him a way out.
[01:09:00.000 --> 01:09:14.000]  So how long do you have before the arraignment? Tuesday. Tuesday. But I'm a, I'm a plagiarizer.
[01:09:14.000 --> 01:09:29.000]  Good. Wonderful. Okay. Look up Gerstein Pugh and the cases surrounding Gerstein Pugh. Read Gerstein Pugh real careful because they give specific instructions to the state of Florida.
[01:09:29.000 --> 01:09:42.000]  And then look at what they're doing and claim that Florida failed to implement the changes required by Gerstein Pugh. They lost Gerstein Pugh.
[01:09:42.000 --> 01:09:55.000]  They're not going to want to go back in and have the federal courts dictate policy and procedure in their state.
[01:09:55.000 --> 01:10:09.000]  They're not going to want that to happen. So, you know, I mentioned the court case Jasenowski where I said, what moron ever let this case get to the supreme?
[01:10:09.000 --> 01:10:17.000]  You want to give them a case that if it gets to the supreme, somebody will say the same thing.
[01:10:17.000 --> 01:10:26.000]  How could you be so stupid as to let this get before the supreme? So you want to argument that they're not going to want the supreme to look at.
[01:10:26.000 --> 01:10:45.000]  And then look at the procedures. Did they make any mistakes? Did they fail to accord due process and raise some other issues on which they could dismiss the case and not lose face?
[01:10:45.000 --> 01:10:58.000]  Trying to help the judge along. Let me throw this at you. The sheriff does file a probable cause statement, which is basically what they did at the stop.
[01:10:58.000 --> 01:11:07.000]  Now, that's just a criminal complaint. Well, that's just a narrative of what happened.
[01:11:07.000 --> 01:11:17.000]  Yeah. So that's not a judge, a magistrate, not a judge. A magistrate must make it a probable cause.
[01:11:17.000 --> 01:11:34.000]  And in that case, it has to be in a trial setting where you get opportunity to examine the witness against you, to examine the evidence, to object to the evidence in inner exculpatory evidence.
[01:11:34.000 --> 01:11:55.000]  Okay. One more question. Does a prosecutor, because this, and this woman was in front of this magistrate or whatever it was, and the judge specifically said to her that you cannot talk to the prosecutor unless it's through an attorney.
[01:11:55.000 --> 01:12:07.000]  You cannot say hello to the prosecutor. And the prosecutor was standing right next to her. And the judge told the lady, you cannot talk to that prosecutor unless you have an attorney to do it.
[01:12:07.000 --> 01:12:26.000]  Okay. The question is, where did you come up with that? The judge has made a statement of law out of his own mouth. Is that an order by the judge denying her right to speak to opposing counsel?
[01:12:26.000 --> 01:12:52.000]  Or did he just make that up? Because if the judge placed a restriction on her that's not a restriction in law, then she needs to file criminally against the judge for official oppression or official misconduct, whichever the statute is under and Florida law.
[01:12:52.000 --> 01:13:03.000]  The judge is there to determine the facts in accordance to the rules of evidence and apply the laws that comes to him to the facts in the case. What's he doing giving her legal advice?
[01:13:03.000 --> 01:13:24.000]  Now, hold on. With that said, let's make sure we have this in the right context. When you're in the courtroom, before the court, you only speak to the court. You do not speak to opposing counsel.
[01:13:24.000 --> 01:13:35.000]  If he was referring to her trying to talk to the prosecutor in the courtroom, he's right. You're only there to talk to the judge.
[01:13:35.000 --> 01:13:48.000]  So all your communications are directed to the court, not to opposing counsel. If you have something to say to opposing counsel, you ask the judge to tell opposing counsel, but you never address counsel directly.
[01:13:48.000 --> 01:14:08.000]  This keeps there from being fights back and forth in the courtroom. But to tell her that she doesn't have a right to deal with opposing counsel unless she hires a lawyer, I think that is procedural to process.
[01:14:08.000 --> 01:14:13.000]  I think the judge lied to her.
[01:14:13.000 --> 01:14:28.000]  Well, now I called the prosecutor to find out because I haven't got anything in the mail. In fact, I had to call the clerk to find out where the court was located and what courtroom to go to.
[01:14:28.000 --> 01:14:39.000]  None of that information was provided. So I called the prosecutor's office and asked, I need to find out who my accuser is because I'd like to settle the matter.
[01:14:39.000 --> 01:14:49.000]  And the prosecutor said, well, we're prosecuting the case. I said, well, thank you very much. Could you tell me who my accuser is? I'd like to talk to him or her.
[01:14:49.000 --> 01:14:58.000]  And she said, well, the state is pressing charges. I said, well, could I speak to him please?
[01:14:58.000 --> 01:15:06.000]  And she said, well, you can't speak to the state. And I said, well, how do you speak to him?
[01:15:06.000 --> 01:15:13.000]  And she said, well, we're prosecuting. I said, well, who do you represent? How do you talk to him?
[01:15:13.000 --> 01:15:19.000]  So she didn't have that answer, but that was funny to go through.
[01:15:19.000 --> 01:15:27.000]  That could have been fun. I want to talk to him. I like that. You need to send discovery.
[01:15:27.000 --> 01:15:33.000]  Now, through discovery, you can talk to opposing counsel directly.
[01:15:33.000 --> 01:15:38.000]  You tell them discovery doesn't go to the court. It goes to opposing counsel.
[01:15:38.000 --> 01:15:45.000]  So do you have a good discovery motion?
[01:15:45.000 --> 01:15:49.000]  Well, I have a request for discovery and Brady request in one.
[01:15:49.000 --> 01:15:56.000]  Okay, then get that to opposing counsel. Get that to the prosecutor.
[01:15:56.000 --> 01:16:04.000]  You can drop it on them at arraignment. If the person's going to be at arraignment, that's a good time to drop it on the prosecutor.
[01:16:04.000 --> 01:16:12.000]  You really want a subject matter jurisdiction challenge in there at that time.
[01:16:12.000 --> 01:16:18.000]  And that's a real good time to do it. Make up one. It doesn't have to be perfect.
[01:16:18.000 --> 01:16:24.000]  But get something made together so you can drop it on them. That tells them we're going to fight this case.
[01:16:24.000 --> 01:16:33.000]  And then you can make adjustments to it later and file an amended if you need to.
[01:16:33.000 --> 01:16:38.000]  But go to the sufficiency of the allegation first.
[01:16:38.000 --> 01:16:42.000]  The allegation must be sufficient to invoke the subject matter jurisdiction of the court.
[01:16:42.000 --> 01:16:45.000]  Hang on. We're about to go to break. And we do need to move kind of quickly.
[01:16:45.000 --> 01:16:49.000]  I've got two more callers and only three segments left.
[01:16:49.000 --> 01:17:00.000]  This is Randy Kelton, Rue La Radio. We'll be right back.
[01:17:00.000 --> 01:17:04.000]  I love Logos. Without the shows on this network, I'd be almost as ignorant as my friends.
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[01:19:24.000 --> 01:19:33.000]  Okay, we are back.
[01:19:33.000 --> 01:19:37.000]  Randy Kelton, the ruler of our radio, and we're talking to Terrence in Florida.
[01:19:37.000 --> 01:19:40.000]  Okay, Terrence.
[01:19:40.000 --> 01:19:42.000]  Yes, Randy.
[01:19:42.000 --> 01:19:46.000]  You've done so well and thank you very much.
[01:19:46.000 --> 01:19:47.000]  I'll send you the email.
[01:19:47.000 --> 01:19:50.000]  Jurisdiction, jurisdiction, jurisdiction.
[01:19:50.000 --> 01:19:51.000]  Thank you.
[01:19:51.000 --> 01:19:54.000]  I will send you what I've got.
[01:19:54.000 --> 01:20:00.000]  I've got a challenge subject matter jurisdiction that this one goes to a traffic ticket.
[01:20:00.000 --> 01:20:06.000]  But go through it anyway and you should be able to convert my Texas law to Florida law
[01:20:06.000 --> 01:20:15.000]  because most all but three states have adopted the models with a penal code put out by the Bar Association.
[01:20:15.000 --> 01:20:22.000]  So all of the codes are real similar and you should be able to cross reference.
[01:20:22.000 --> 01:20:33.000]  And you might go to jurisimprudence.website and pull that habeas corpus document.
[01:20:33.000 --> 01:20:36.000]  There's a link to it right there on the front page.
[01:20:36.000 --> 01:20:44.000]  That goes through due process and I've got Gerstein Pugh listed in that one.
[01:20:44.000 --> 01:20:45.000]  Okay.
[01:20:45.000 --> 01:20:48.000]  Yeah, I have trouble with the penal code here.
[01:20:48.000 --> 01:20:51.000]  I think they call it the criminal code.
[01:20:51.000 --> 01:20:53.000]  Yeah, okay.
[01:20:53.000 --> 01:20:55.000]  Well, you should be able to cross reference.
[01:20:55.000 --> 01:20:58.000]  Anything you find that what I list in Texas law,
[01:20:58.000 --> 01:21:03.000]  you should be able to find something similar so that you can cross reference.
[01:21:03.000 --> 01:21:08.000]  The habeas corpus goes through due process front to back.
[01:21:08.000 --> 01:21:14.000]  So it's a pretty exhaustive treatment and it should give you a lot of ideas.
[01:21:14.000 --> 01:21:15.000]  Okay.
[01:21:15.000 --> 01:21:16.000]  Thank you.
[01:21:16.000 --> 01:21:17.000]  Thank you, Terrence.
[01:21:17.000 --> 01:21:20.000]  Now we're going to go to Fred in California.
[01:21:20.000 --> 01:21:22.000]  Hello, Fred.
[01:21:22.000 --> 01:21:25.000]  What do you have for us today?
[01:21:25.000 --> 01:21:26.000]  Hi there.
[01:21:26.000 --> 01:21:27.000]  I'm doing good.
[01:21:27.000 --> 01:21:31.000]  Thank you for being there.
[01:21:31.000 --> 01:21:38.000]  Earlier you mentioned registering with the Department of Transportation.
[01:21:38.000 --> 01:21:39.000]  Yes.
[01:21:39.000 --> 01:21:45.000]  And I looked on their website and I cannot find anything about registering.
[01:21:45.000 --> 01:21:48.000]  I don't know whether they've, you know,
[01:21:48.000 --> 01:21:52.000]  changed their website since you last looked at it or what.
[01:21:52.000 --> 01:21:54.000]  Well, you've got to have a way to do that.
[01:21:54.000 --> 01:22:01.000]  I have a friend who is a, they have a construction company.
[01:22:01.000 --> 01:22:03.000]  They're registered as a private operator.
[01:22:03.000 --> 01:22:05.000]  I'll talk to Jerry.
[01:22:05.000 --> 01:22:07.000]  Send me an email and ask me for that.
[01:22:07.000 --> 01:22:10.000]  That will remind me to look it up.
[01:22:10.000 --> 01:22:11.000]  Well, thank you.
[01:22:11.000 --> 01:22:12.000]  Because I went on there,
[01:22:12.000 --> 01:22:17.000]  somebody told me the number of the document and I was able to find it quickly that way,
[01:22:17.000 --> 01:22:22.000]  but I don't remember what that number was.
[01:22:22.000 --> 01:22:23.000]  Okay.
[01:22:23.000 --> 01:22:27.000]  But if you send me an email, I'll talk to Marcia.
[01:22:27.000 --> 01:22:28.000]  She'll be able to tell me.
[01:22:28.000 --> 01:22:30.000]  She's the one that did it.
[01:22:30.000 --> 01:22:34.000]  She'll be able to tell me where to go to find that.
[01:22:34.000 --> 01:22:35.000]  Well, thank you.
[01:22:35.000 --> 01:22:37.000]  I'll do that.
[01:22:37.000 --> 01:22:39.000]  One other thing.
[01:22:39.000 --> 01:22:47.000]  You were talking with somebody earlier about the suspended license or?
[01:22:47.000 --> 01:22:49.000]  Suspended or revoked.
[01:22:49.000 --> 01:22:57.000]  The person I was talking to earlier had undoubtedly a revoked license based on three DUIs.
[01:22:57.000 --> 01:23:04.000]  Once you get a third DUI, they cancel your license and you can't get one at all.
[01:23:04.000 --> 01:23:07.000]  Right.
[01:23:07.000 --> 01:23:15.000]  For some people, it might be interesting to look at the difference between expired and suspended.
[01:23:15.000 --> 01:23:22.000]  I've got a friend who has been showing an expired license.
[01:23:22.000 --> 01:23:33.000]  This happened, he says, on three different occasions when he was stopped for traffic, whatever.
[01:23:33.000 --> 01:23:41.000]  When he told the cop the license was expired, the guy went back to his car maybe and came back.
[01:23:41.000 --> 01:23:49.000]  Eventually, all three of these cops said have a nice day.
[01:23:49.000 --> 01:23:55.000]  They didn't want to write a ticket on a license that was expired.
[01:23:55.000 --> 01:24:04.000]  I don't know whether that is something that makes sense.
[01:24:04.000 --> 01:24:16.000]  In Texas, it's a specific violation to operate a motor vehicle on an expired license.
[01:24:16.000 --> 01:24:20.000]  But it's only a classy misdemeanor.
[01:24:20.000 --> 01:24:24.000]  Is this California where this has occurred?
[01:24:24.000 --> 01:24:27.000]  Yes.
[01:24:27.000 --> 01:24:32.000]  Maybe there's some case law we don't know about concerning expired license.
[01:24:32.000 --> 01:24:37.000]  You can use an expired license as identification.
[01:24:37.000 --> 01:24:39.000]  They just changed the law in Texas.
[01:24:39.000 --> 01:24:45.000]  You used to be able to get a Texas ID and a Texas license.
[01:24:45.000 --> 01:24:51.000]  They just changed the law so you can get an ID or a license.
[01:24:51.000 --> 01:24:58.000]  If my license is expired, it should still be a valid ID.
[01:24:58.000 --> 01:25:02.000]  I used to like to give them my ID and when they asked me about my license,
[01:25:02.000 --> 01:25:07.000]  I'd tell them I have one but I'm not using it right now.
[01:25:07.000 --> 01:25:08.000]  I can't do that anymore.
[01:25:08.000 --> 01:25:12.000]  They ruined all my fun on that.
[01:25:12.000 --> 01:25:16.000]  But I'm not sure why that's the case.
[01:25:16.000 --> 01:25:18.000]  Yeah.
[01:25:18.000 --> 01:25:25.000]  California has a senior citizen's ID, which I got at a time when,
[01:25:25.000 --> 01:25:32.000]  and this was some years ago, I didn't know what I know now,
[01:25:32.000 --> 01:25:36.000]  and what I know now is like a teacup.
[01:25:36.000 --> 01:25:46.000]  But I got a ticket and I'm pretty sure the license was expired.
[01:25:46.000 --> 01:25:57.000]  And I went to court and the officer stood up and told the court
[01:25:57.000 --> 01:26:02.000]  that he had checked the DMV records that morning
[01:26:02.000 --> 01:26:08.000]  and I still hadn't renewed or gotten a license.
[01:26:08.000 --> 01:26:17.000]  He could tell that because it had an X number after the license number.
[01:26:17.000 --> 01:26:25.000]  And so in order to prosecute me, apparently they had put an X after the number
[01:26:25.000 --> 01:26:32.000]  and prosecuted me under that so-called license.
[01:26:32.000 --> 01:26:42.000]  So I think it's something related to contract law where the courts are about contract
[01:26:42.000 --> 01:26:48.000]  and I think that's how they managed to prosecute me.
[01:26:48.000 --> 01:26:51.000]  Well, yeah, this is clearly contract.
[01:26:51.000 --> 01:26:55.000]  This is a professional license.
[01:26:55.000 --> 01:26:56.000]  Yeah.
[01:26:56.000 --> 01:27:00.000]  It's just like a plumber's license or electrician's.
[01:27:00.000 --> 01:27:05.000]  This is a professional license so it is strictly under contract.
[01:27:05.000 --> 01:27:11.000]  Now there was a case out of Bakersfield or Fresno that I read about a few years ago
[01:27:11.000 --> 01:27:18.000]  where a real estate broker had done a deal for his neighbor.
[01:27:18.000 --> 01:27:22.000]  He didn't charge him any money and somewhere along the line
[01:27:22.000 --> 01:27:28.000]  the real estate commissioner or somebody got excited and took him to court
[01:27:28.000 --> 01:27:30.000]  and he had an attorney and the attorney said,
[01:27:30.000 --> 01:27:39.000]  well, Your Honor, the man did not charge anything for his action
[01:27:39.000 --> 01:27:50.000]  and therefore he was not availing himself of the privilege granted by the license to, you know...
[01:27:50.000 --> 01:27:53.000]  So he did not fall within scope.
[01:27:53.000 --> 01:28:03.000]  Right and the court agreed and that was the end of his problem but it...
[01:28:03.000 --> 01:28:06.000]  You need to pull, you need to find that...
[01:28:06.000 --> 01:28:10.000] ...manage to get that past the traffic court.
[01:28:10.000 --> 01:28:13.000]  Who cares about the traffic court? It's the appeals court.
[01:28:13.000 --> 01:28:16.000]  Yeah.
[01:28:16.000 --> 01:28:23.000]  Traffic court's just there to get the facts and the law on the record.
[01:28:23.000 --> 01:28:27.000]  Because that's a great case.
[01:28:27.000 --> 01:28:31.000]  I'll have to do a better job the next time I go to court.
[01:28:31.000 --> 01:28:36.000]  The last time I was in court on a traffic thing and I went through the vehicle code stuff.
[01:28:36.000 --> 01:28:42.000]  I didn't file anything at all and I just went in there and, you know,
[01:28:42.000 --> 01:28:47.000]  rattled off all kinds of reasons why they couldn't deal with me
[01:28:47.000 --> 01:28:54.000]  and the judge said he was going to sentence me and I said,
[01:28:54.000 --> 01:28:57.000]  well, are you going to sentence me according to the vehicle code?
[01:28:57.000 --> 01:29:05.000]  And he said, I'm going to sentence you the way every other court in California would do it.
[01:29:05.000 --> 01:29:08.000]  You know, like to hell with the law or the vehicle code.
[01:29:08.000 --> 01:29:16.000]  I'm just going to continue playing our game and get your money.
[01:29:16.000 --> 01:29:21.000]  Well, okay, my solution for that is to judicial conduct,
[01:29:21.000 --> 01:29:30.000]  complaint the judge and bar grieve the prosecutor for not properly instructing the judge.
[01:29:30.000 --> 01:29:34.000]  They don't even have a prosecutor in our traffic courts.
[01:29:34.000 --> 01:29:39.000]  Oh, okay. Okay, we are, do we have anything else?
[01:29:39.000 --> 01:29:42.000]  We're about out of time for this segment.
[01:29:42.000 --> 01:29:44.000]  Thank you, Randy. Go for it. Appreciate it.
[01:29:44.000 --> 01:29:47.000]  Okay, thank you, Fred.
[01:29:47.000 --> 01:29:50.000]  Okay, Randy Kelton, Rule of Law Radio.
[01:29:50.000 --> 01:29:55.000]  We're about to go to break and when we come back we'll pick up Rodney from Texas.
[01:29:55.000 --> 01:30:17.000]  Back.
[01:30:17.000 --> 01:30:19.000]  Privacy is under attack.
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[01:30:28.000 --> 01:30:33.000]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:33.000 --> 01:30:36.000]  Privacy, it's worth hanging on to.
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[01:33:30.000 --> 01:33:32.000]  Okay, we are back.
[01:33:32.000 --> 01:33:36.000]  Randy Kelton, Rue of La Radio, and we're going to Rodney in Texas.
[01:33:36.000 --> 01:33:38.000]  Hello, Rodney.
[01:33:38.000 --> 01:33:40.000]  Randy, how are you doing?
[01:33:40.000 --> 01:33:42.000]  I'm doing good.
[01:33:42.000 --> 01:33:46.000]  How is your issue going?
[01:33:46.000 --> 01:33:59.000]  Well, I know that you're strapped for time, so I'm just going to jump in here real quick and just deal with one point here.
[01:33:59.000 --> 01:34:04.000]  Well, we've got 30 minutes, and you're the last caller.
[01:34:04.000 --> 01:34:05.000]  Oh, okay.
[01:34:05.000 --> 01:34:10.000]  So here's the deal.
[01:34:10.000 --> 01:34:19.000]  You mentioned the contract between a court appointed attorney and, in this case, myself, the client.
[01:34:19.000 --> 01:34:27.000]  At what point does that contract begin or end?
[01:34:27.000 --> 01:34:35.000]  It began when the judge issued the court order saying that now you have a court appointed attorney.
[01:34:35.000 --> 01:34:46.000]  I mean, I need to show a way when I refile my case in court that I had a contract between me and the attorney.
[01:34:46.000 --> 01:34:47.000]  Oh, you won't have to.
[01:34:47.000 --> 01:34:48.000]  No.
[01:34:48.000 --> 01:34:49.000]  You won't have to.
[01:34:49.000 --> 01:34:56.000]  The court, the attorney is listed as the attorney of record.
[01:34:56.000 --> 01:35:00.000]  And you'll have court records showing that he was appointed.
[01:35:00.000 --> 01:35:08.000]  The attorney's contract is with the state, and you need to request that contract.
[01:35:08.000 --> 01:35:16.000]  When they appointed me an attorney in Austin, I didn't ask them to.
[01:35:16.000 --> 01:35:24.000]  The judge said she was going to appoint one, and I told her, if you do, make sure you appoint somebody you really don't like.
[01:35:24.000 --> 01:35:29.000]  She appointed this guy, and I told him.
[01:35:29.000 --> 01:35:32.000]  He was telling me how things are going to go, and I said, no, that's not how they're going to go.
[01:35:32.000 --> 01:35:34.000]  Well, how are they going to go, Mr. Kelton?
[01:35:34.000 --> 01:35:38.000]  He said, you're going to go to the court and ask the court to remove you from this case.
[01:35:38.000 --> 01:35:42.000]  And I'm going to go to the court and tell the court, don't you dare remove him from this case.
[01:35:42.000 --> 01:35:46.000]  He's my attorney, and he's under contract.
[01:35:46.000 --> 01:35:49.000]  And the lawyer said, well, I'm not under contract with you.
[01:35:49.000 --> 01:35:51.000]  I'm under contract with the state.
[01:35:51.000 --> 01:35:55.000]  I said, yes, you are, and I'm the intended third-party beneficiary.
[01:35:55.000 --> 01:35:59.000]  But I never saw that contract.
[01:35:59.000 --> 01:36:02.000]  You really need to request it and have a look at it.
[01:36:02.000 --> 01:36:03.000]  Right, right.
[01:36:03.000 --> 01:36:12.000]  By the way, that language that you just used, that is exactly how this attorney approached me the first time,
[01:36:12.000 --> 01:36:19.000]  which was like 21 days, almost a month after he had been appointed.
[01:36:19.000 --> 01:36:28.000]  We met in the court, and the first thing he started talking to me exactly the way you said this attorney approached you.
[01:36:28.000 --> 01:36:32.000]  This is the way it's going to go, sir.
[01:36:32.000 --> 01:36:38.000]  This attorney is supposed to be representing you, and he tells you this is the way it's going to go.
[01:36:38.000 --> 01:36:47.000]  Now, you never shared that with me before, but I'm telling you that's exactly what this court-appointed attorney said to me.
[01:36:47.000 --> 01:36:49.000]  He starts talking to me.
[01:36:49.000 --> 01:36:55.000]  He didn't ask me about, well, what is the nature of this or that.
[01:36:55.000 --> 01:37:03.000]  He right off the bat said, I've already talked with the opposing counsel, and this is the way this is going to go.
[01:37:03.000 --> 01:37:05.000]  And I said exactly what you said.
[01:37:05.000 --> 01:37:08.000]  I said, no, no, no, no, no.
[01:37:08.000 --> 01:37:10.000]  You're talking with the wrong person.
[01:37:10.000 --> 01:37:14.000]  I said, no, it's not going to go that way.
[01:37:14.000 --> 01:37:15.000]  Good.
[01:37:15.000 --> 01:37:19.000]  Once I told him that, he wouldn't return my calls.
[01:37:19.000 --> 01:37:20.000]  I left messages.
[01:37:20.000 --> 01:37:22.000]  He wouldn't call me back or anything.
[01:37:22.000 --> 01:37:23.000]  Okay.
[01:37:23.000 --> 01:37:24.000]  Go read the...
[01:37:24.000 --> 01:37:35.000]  I spent all weekend trying to get bargrievance.website back up, and I didn't quite get it done.
[01:37:35.000 --> 01:37:40.000]  But I'll try to get it back up again.
[01:37:40.000 --> 01:37:52.000]  If you go to the American Bar Association site and pull up their model standards, section one, that's the one you want to look at.
[01:37:52.000 --> 01:37:54.000]  And read through that thing.
[01:37:54.000 --> 01:37:55.000]  You will be tickled.
[01:37:55.000 --> 01:37:58.000]  It'll read like a comic book.
[01:37:58.000 --> 01:38:06.000]  If your lawyer fails to communicate with you, that's grounds for a grievance.
[01:38:06.000 --> 01:38:07.000]  Right.
[01:38:07.000 --> 01:38:09.000]  Grieving.
[01:38:09.000 --> 01:38:10.000]  Okay.
[01:38:10.000 --> 01:38:12.000]  Now, what about filing on the judges here?
[01:38:12.000 --> 01:38:20.000]  Because there's three judges that have absolutely abused their...there's been some prosecutories.
[01:38:20.000 --> 01:38:21.000]  Okay.
[01:38:21.000 --> 01:38:22.000]  Here's what you do.
[01:38:22.000 --> 01:38:28.000]  Where do I go to get a form or something to fill out to file a grievance against these judges?
[01:38:28.000 --> 01:38:33.000]  The State Commission on Judicial Conduct.
[01:38:33.000 --> 01:38:45.000]  And go on their site, and the first thing you want to do is go to the section that shows actions taken.
[01:38:45.000 --> 01:38:51.000]  They have a list of the actions they've taken against judges.
[01:38:51.000 --> 01:39:03.000]  Read down through those, and that'll give you a real good idea of what the Commission stings judges for.
[01:39:03.000 --> 01:39:08.000]  And then you want to write your complaint so it goes to one of these issues.
[01:39:08.000 --> 01:39:17.000]  And most of them, especially to lower court judges, are for being ignorant.
[01:39:17.000 --> 01:39:21.000]  And they order them to take further training.
[01:39:21.000 --> 01:39:24.000]  But they do sanction them.
[01:39:24.000 --> 01:39:26.000]  And it's pretty common in there.
[01:39:26.000 --> 01:39:30.000]  And I was, you know, I get on the show, and I get all huffy-puffy,
[01:39:30.000 --> 01:39:40.000]  and I accuse the Commission of only sanctioning municipal and Justice of the Peace judges.
[01:39:40.000 --> 01:39:48.000]  But when I went in and looked at the sanctions they actually issued, shame on me, I was wrong.
[01:39:48.000 --> 01:39:57.000]  Because they had county judges and district judges in there who had been sanctioned as well, quite a few of them.
[01:39:57.000 --> 01:40:03.000]  Not that many relative to the number that are in Texas, but they are stinging them on occasion.
[01:40:03.000 --> 01:40:05.000]  But do they mention them by name?
[01:40:05.000 --> 01:40:07.000]  Yes, absolutely.
[01:40:07.000 --> 01:40:10.000]  Oh my, oh my.
[01:40:10.000 --> 01:40:14.000]  Yeah, this guy we did this to, this guy we did this to.
[01:40:14.000 --> 01:40:21.000]  But it tells you, after you've read through those, you will begin to see a pattern.
[01:40:21.000 --> 01:40:29.000]  And it will kind of tell you, this is what will get them stung, and this other stuff won't.
[01:40:29.000 --> 01:40:34.000]  So you try to write it in the terms of what's popular at the moment.
[01:40:34.000 --> 01:40:38.000]  And you can do the same thing with bar grievances.
[01:40:38.000 --> 01:40:50.000]  I have a district attorney that, yeah, I told him recently that if there is a prosecutor in the state of Texas
[01:40:50.000 --> 01:40:55.000]  who has his moral center in the right place, it is you, Greg Lowery.
[01:40:55.000 --> 01:40:58.000]  I have a lot of respect for this guy.
[01:40:58.000 --> 01:41:04.000]  When he was county attorney, I went in to see him one day, and while we're sitting there,
[01:41:04.000 --> 01:41:10.000]  his clerk brought in a report from the American Bar Association.
[01:41:10.000 --> 01:41:18.000]  They, whenever they sanction lawyers, you know, once a month or so, they send all these out to the other lawyers.
[01:41:18.000 --> 01:41:23.000]  So Greg got this and he set it down while we're talking, he's kind of thumbing through it.
[01:41:23.000 --> 01:41:28.000]  And he turns the page and he looked, he said, ooh, ooh, ooh, I've done that, I've done that.
[01:41:28.000 --> 01:41:33.000]  He turns the next page, ooh, ooh, I've done that too, I've done that too.
[01:41:33.000 --> 01:41:36.000]  Every one of them.
[01:41:36.000 --> 01:41:41.000]  So you need to look at those.
[01:41:41.000 --> 01:41:51.000]  And it will tell you what the bar is actually stinging lawyers for at the present time.
[01:41:51.000 --> 01:41:56.000]  And you might get lucky and find one against your attorney.
[01:41:56.000 --> 01:41:59.000]  If he's already had one, that will help greatly.
[01:41:59.000 --> 01:42:05.000]  But look at that, the State Bar Association and the State Commission on Judicial Conduct.
[01:42:05.000 --> 01:42:09.000]  Yeah, and just one more thing I want to ask you.
[01:42:09.000 --> 01:42:18.000]  The appellate court is still struggling with determining whether or not they have jurisdiction over their matter.
[01:42:18.000 --> 01:42:23.000]  And they had given me a deadline today to respond.
[01:42:23.000 --> 01:42:31.000]  But since I have a court appointed attorney and their records show that he is my attorney of record,
[01:42:31.000 --> 01:42:43.000]  they sent it to him and I called them before they closed the day and they said he had yet, he still hadn't responded.
[01:42:43.000 --> 01:42:46.000]  Oh, wonderful.
[01:42:46.000 --> 01:42:58.000]  So my question is, they said they may dismiss my appeal if I didn't respond by today,
[01:42:58.000 --> 01:43:05.000]  but that also went to my attorney and I said, well, he was appointed to handle these matters.
[01:43:05.000 --> 01:43:15.000]  And so I was told that they've got a lot of different directions that they could go on this.
[01:43:15.000 --> 01:43:21.000]  They said that they could abate it back to the district court, which I don't know if that's a good idea.
[01:43:21.000 --> 01:43:24.000]  There's a lot of different directions that they could go.
[01:43:24.000 --> 01:43:35.000]  Can you think of, you know, I always like to ask you, you know, what is the psychology of these people because you dealt with them so often?
[01:43:35.000 --> 01:43:40.000]  What do you think they might do since today with the deadline that the attorney of record has a response?
[01:43:40.000 --> 01:43:42.000]  There's your music playing there.
[01:43:42.000 --> 01:43:48.000]  Okay, we'll pick this up on the other side, but we're going to talk about our three-sided chessboard.
[01:43:48.000 --> 01:43:50.000]  Randy Calson, Root of the Law Radio.
[01:43:50.000 --> 01:44:00.000]  We'll be right back.
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[01:46:00.000 --> 01:46:19.000]  Okay, we are back.
[01:46:19.000 --> 01:46:24.000]  Randy Kelton, Rule of Law Radio, and we're talking to Rodney in Texas.
[01:46:24.000 --> 01:46:27.000]  Okay, four-sided chessboard.
[01:46:27.000 --> 01:46:30.000]  This is how you beat them.
[01:46:30.000 --> 01:46:39.000]  They appointed this lawyer, and they expect this lawyer to make sure you don't have grounds for appeal.
[01:46:39.000 --> 01:46:42.000]  But he didn't get that done.
[01:46:42.000 --> 01:46:47.000]  Now you're in the appeal anyway, and now he's trying to trash your appeal.
[01:46:47.000 --> 01:46:52.000]  Now it's time to run over him like a freight train.
[01:46:52.000 --> 01:46:57.000]  First thing you do is bar-grieve him.
[01:46:57.000 --> 01:47:04.000]  Then you send him a tort letter to sue him for malpractice.
[01:47:04.000 --> 01:47:13.000]  And it doesn't matter what happens in the case because this establishes grounds for ineffective assistance of counsel.
[01:47:13.000 --> 01:47:24.000]  And as soon as you do this, he's going to ask to be removed from the case, and you go in and tell the court, absolutely not.
[01:47:24.000 --> 01:47:27.000]  He's under contract.
[01:47:27.000 --> 01:47:35.000]  He has a duty to adjudicate my case, and he's my counsel of choice.
[01:47:35.000 --> 01:47:38.000]  Now they know you're a real problem.
[01:47:38.000 --> 01:47:41.000]  They appointed this guy.
[01:47:41.000 --> 01:47:45.000]  They stuck him in this hornet's nest.
[01:47:45.000 --> 01:47:50.000]  And he's going to run to them and say, guys, I've been doing what you want.
[01:47:50.000 --> 01:47:54.000]  Now I've got this unruly client who's going to beat me up.
[01:47:54.000 --> 01:47:56.000]  You've got to hit me out.
[01:47:56.000 --> 01:47:59.000]  That makes sense, Rodney?
[01:47:59.000 --> 01:48:01.000]  Yeah, it makes sense.
[01:48:01.000 --> 01:48:04.000]  Of course.
[01:48:04.000 --> 01:48:07.000]  Now I also have a question.
[01:48:07.000 --> 01:48:14.000]  Wouldn't that give him more fuel or the fire to go ahead and further sabotage your case?
[01:48:14.000 --> 01:48:16.000]  Oh, no.
[01:48:16.000 --> 01:48:20.000]  Now you're coming after him.
[01:48:20.000 --> 01:48:21.000]  Yeah.
[01:48:21.000 --> 01:48:33.000]  If you're out here in the high school parking lot and this bully comes up to you and you reach up and dot one of his eyes,
[01:48:33.000 --> 01:48:39.000]  you think he's going to want to come back and get you to dot the other one?
[01:48:39.000 --> 01:48:41.000]  Or worse.
[01:48:41.000 --> 01:48:42.000]  Worse.
[01:48:42.000 --> 01:48:48.000]  Well, my other question is, yesterday we ran out of time.
[01:48:48.000 --> 01:48:55.000]  I told you that judicial notice that I sent to the third court of appeal,
[01:48:55.000 --> 01:49:03.000]  they forwarded that back to the district court judge who appointed this attorney.
[01:49:03.000 --> 01:49:10.000]  And basically it was my word saying this attorney has done squat.
[01:49:10.000 --> 01:49:16.000]  He was appointed on this day and he won't even return my calls.
[01:49:16.000 --> 01:49:18.000]  I'm asking that he be sanctioned.
[01:49:18.000 --> 01:49:20.000]  I'm asking for it here.
[01:49:20.000 --> 01:49:35.000]  So the district court judge responded and I got copies of the emails that basically dismissed my case for want of prosecution
[01:49:35.000 --> 01:49:42.000]  and further went on to say that because I didn't show destitute status,
[01:49:42.000 --> 01:49:51.000]  that the court was going to require that I pay the court costs for the lower court.
[01:49:51.000 --> 01:49:54.000]  The court has no power to do that.
[01:49:54.000 --> 01:50:01.000]  That needs to get a petition for sanctions in the court of appeals.
[01:50:01.000 --> 01:50:04.000]  Send me an email on this subject.
[01:50:04.000 --> 01:50:08.000]  I'll run it in front of Ken Magnuson.
[01:50:08.000 --> 01:50:10.000]  He's addressed this before.
[01:50:10.000 --> 01:50:19.000]  The district clerk in Tarrant County, Wilder, he hates me.
[01:50:19.000 --> 01:50:25.000]  And it's been a long time since I tried to get him arrested.
[01:50:25.000 --> 01:50:38.000]  The guy's got no sense of humor, but he had been charging clients who had indigent clients court costs
[01:50:38.000 --> 01:50:45.000]  and he got sued for it and the courts landed on him like a ton of bricks.
[01:50:45.000 --> 01:50:50.000]  So Ken was a part of all that.
[01:50:50.000 --> 01:51:02.000]  He will have the case law and such on charging indigent parties court costs and we sting the judge.
[01:51:02.000 --> 01:51:06.000]  Then you move to disqualify the judge.
[01:51:06.000 --> 01:51:14.000]  Just so you know, I already had shown indigent status.
[01:51:14.000 --> 01:51:21.000]  I submitted a waiver form that the court or the state of Texas,
[01:51:21.000 --> 01:51:27.000]  I guess it's a standard form that you have to show that you're destitute.
[01:51:27.000 --> 01:51:31.000]  So I filled that out and I submitted that to the clerk.
[01:51:31.000 --> 01:51:37.000]  And for whatever reason, they're saying that I never filed to show that I,
[01:51:37.000 --> 01:51:44.000]  but my argument for that is well then why did you appoint me an attorney?
[01:51:44.000 --> 01:51:45.000]  Okay, wait, hold on.
[01:51:45.000 --> 01:51:46.000]  Why did you appoint?
[01:51:46.000 --> 01:51:51.000]  This is why we need Ken because he's real familiar with this.
[01:51:51.000 --> 01:51:56.000]  Once you have, when you file for indigent status,
[01:51:56.000 --> 01:52:01.000]  the clerk is the only one who can raise an opposition.
[01:52:01.000 --> 01:52:04.000]  And they have a certain amount of time to raise this opposition.
[01:52:04.000 --> 01:52:07.000]  I'm sorry, the clerk and the court reporter.
[01:52:07.000 --> 01:52:12.000]  They didn't raise that.
[01:52:12.000 --> 01:52:18.000]  I filed back in October of last year.
[01:52:18.000 --> 01:52:26.000]  Once you have indigent status, they can't visit that again.
[01:52:26.000 --> 01:52:27.000]  That's where it's judicata.
[01:52:27.000 --> 01:52:28.000]  It's a done deal.
[01:52:28.000 --> 01:52:29.000]  What is it?
[01:52:29.000 --> 01:52:35.000]  Unless they can come in with evidence showing that your financial condition has changed
[01:52:35.000 --> 01:52:37.000]  and someone has to file an action.
[01:52:37.000 --> 01:52:42.000]  The court can't do this, Suspante.
[01:52:42.000 --> 01:52:43.000]  Okay.
[01:52:43.000 --> 01:52:48.000]  My attorney was put in position to take care of this and again.
[01:52:48.000 --> 01:52:49.000]  Okay, hold on.
[01:52:49.000 --> 01:52:50.000]  He didn't do it.
[01:52:50.000 --> 01:52:51.000]  Hold on though.
[01:52:51.000 --> 01:52:52.000]  Wait a minute.
[01:52:52.000 --> 01:52:57.000]  You know, it's my position, never interfere with somebody when they're screwing up.
[01:52:57.000 --> 01:53:07.000]  And I examine everything they do from the perspective of how can I kick your butt for this?
[01:53:07.000 --> 01:53:13.000]  So instead of being upset with the district judge for doing this, you should be jumping
[01:53:13.000 --> 01:53:23.000]  up and down and clapping your hands and thinking, bubba, I am so going to kick your behind.
[01:53:23.000 --> 01:53:30.000]  Here you have the judge exerting or purporting to exert an authority he does not expressly
[01:53:30.000 --> 01:53:31.000]  have.
[01:53:31.000 --> 01:53:37.000]  And in the process, denying you and the full and free access to your enjoyment right now,
[01:53:37.000 --> 01:53:45.000]  the way I read that, 3903 Penal Code, that's Class A misdemeanor on the part of the judge.
[01:53:45.000 --> 01:53:52.000]  And Class A misdemeanor criminal acts are outside of scope.
[01:53:52.000 --> 01:53:58.000]  Since it's outside of scope, there's no immunity.
[01:53:58.000 --> 01:54:08.000]  Send the judge a tort letter, file a criminal complaint with the local grand jury, and let's
[01:54:08.000 --> 01:54:09.000]  dance.
[01:54:09.000 --> 01:54:12.000]  You want to play hardball, bubba?
[01:54:12.000 --> 01:54:16.000]  We'll introduce you to the deep end of the pool.
[01:54:16.000 --> 01:54:25.000]  Well, I am jumping up for joy, but I also wanted to make sure I give you a picture of
[01:54:25.000 --> 01:54:27.000]  what is actually going on here.
[01:54:27.000 --> 01:54:33.000]  So yes, I am jumping up for joy now that you've helped me to see the full picture here.
[01:54:33.000 --> 01:54:36.000]  Oh, this is, that'd be great.
[01:54:36.000 --> 01:54:41.000]  This judge, I'd really like it when they do really stupid stuff.
[01:54:41.000 --> 01:54:44.000]  I mean, this is stupid.
[01:54:44.000 --> 01:54:48.000]  Judge don't have a dog in this hunt.
[01:54:48.000 --> 01:54:53.000]  So why the heck would he do that?
[01:54:53.000 --> 01:54:55.000]  He's probably doing it.
[01:54:55.000 --> 01:54:58.000]  Have you bargweaved this lawyer?
[01:54:58.000 --> 01:55:00.000]  I've already filed that.
[01:55:00.000 --> 01:55:01.000]  Okay.
[01:55:01.000 --> 01:55:09.000]  They're probably mad at you because this judge appointed this lawyer to you as a client.
[01:55:09.000 --> 01:55:14.000]  Now this client is beating up the lawyer and he's blaming the judge for it.
[01:55:14.000 --> 01:55:23.000]  So the judge is trying to get back at the dirty, stinking, rotten, no good prosaic.
[01:55:23.000 --> 01:55:24.000]  Wonderful.
[01:55:24.000 --> 01:55:27.000]  That's the way I'm seeing it.
[01:55:27.000 --> 01:55:36.000]  And I, you know, like you said, you know, if they want to give me a hammer to hit them over the head,
[01:55:36.000 --> 01:55:38.000]  I'll be more than happy to do it.
[01:55:38.000 --> 01:55:39.000]  Yeah.
[01:55:39.000 --> 01:55:47.000]  And what are the chances that you're going to find a grand jury member who has either had this done to him
[01:55:47.000 --> 01:55:51.000]  or to one of his relatives or friends or neighbors?
[01:55:51.000 --> 01:55:59.000]  And he's going to be just looking for an opportunity to thump one of these arrogant smart mouth judges.
[01:55:59.000 --> 01:56:05.000]  Even if you don't, the judge is going to be afraid you'll find one.
[01:56:05.000 --> 01:56:11.000]  They are not used to us going to grand juries with criminal complaints against them.
[01:56:11.000 --> 01:56:16.000]  The one place they don't feel protected and that's grand juries.
[01:56:16.000 --> 01:56:27.000]  Say when I file this criminal complaint against the judge right here in Travis County at the district court,
[01:56:27.000 --> 01:56:33.000]  isn't the grand jury their office right there on that main floor there?
[01:56:33.000 --> 01:56:34.000]  Yeah.
[01:56:34.000 --> 01:56:41.000]  When you walk in the door, the elevators are to your left and you look to your right and you'll see an information desk.
[01:56:41.000 --> 01:56:42.000]  Yes.
[01:56:42.000 --> 01:56:48.000]  It's next to the wall except there's a walk space between it and the wall.
[01:56:48.000 --> 01:56:52.000]  You walk down that walk space and you'll be looking at a door facing you.
[01:56:52.000 --> 01:56:54.000]  That's the grand jury door.
[01:56:54.000 --> 01:56:56.000]  It's in a little alcove.
[01:56:56.000 --> 01:56:58.000]  There's two doors in there.
[01:56:58.000 --> 01:57:03.000]  The one facing these grand jury, the opposite one is the district attorney.
[01:57:03.000 --> 01:57:05.000]  Am I allowed to go in there?
[01:57:05.000 --> 01:57:06.000]  I do.
[01:57:06.000 --> 01:57:09.000]  There's a bailiff sitting in there.
[01:57:09.000 --> 01:57:13.000]  I go in the door, I say, Mr. Bailiff, my name is Randy Kelton.
[01:57:13.000 --> 01:57:17.000]  Instruct the foreman that I have business with the grand jury.
[01:57:17.000 --> 01:57:19.000]  And they generally say, may I tell him the nature of the business?
[01:57:19.000 --> 01:57:20.000]  Yes, you may.
[01:57:20.000 --> 01:57:22.000]  Give him this.
[01:57:22.000 --> 01:57:25.000]  But then they'll go get the prosecuting attorney.
[01:57:25.000 --> 01:57:32.000]  I generally want my first complaint to be against the prosecuting attorney.
[01:57:32.000 --> 01:57:34.000]  That's when the prosecutor shows up.
[01:57:34.000 --> 01:57:37.000]  I say, hold on here.
[01:57:37.000 --> 01:57:46.000]  The prosecutor, any member of the prosecutorial team is equally disqualified, if anyone is.
[01:57:46.000 --> 01:57:51.000]  So you came in with a criminal complaint against a member of the prosecutorial team.
[01:57:51.000 --> 01:57:55.000]  None of the prosecutorial team can touch it.
[01:57:55.000 --> 01:58:00.000]  So if they call a prosecuting attorney down, you say, hold on, Gus.
[01:58:00.000 --> 01:58:03.000]  This complaint is against the prosecuting attorney.
[01:58:03.000 --> 01:58:08.000]  You need to go to the court and have an attorney pro tem appointed.
[01:58:08.000 --> 01:58:13.000]  And that will really jerk a knot in their shorts.
[01:58:13.000 --> 01:58:18.000]  I'm going to have to get back with you on this because this is exactly what I'm going to do.
[01:58:18.000 --> 01:58:23.000]  But I want to make sure I do it where I don't give them a way to weasel out of it.
[01:58:23.000 --> 01:58:25.000]  Okay, send me that email.
[01:58:25.000 --> 01:58:28.000]  We can talk offline when we have more time.
[01:58:28.000 --> 01:58:29.000]  All right.
[01:58:29.000 --> 01:58:30.000]  Hey, thank you, Randy.
[01:58:30.000 --> 01:58:31.000]  All righty.
[01:58:31.000 --> 01:58:32.000]  We are out of time.
[01:58:32.000 --> 01:58:35.000]  This is Randy Kelton, Rue La La Radio.
[01:58:35.000 --> 01:58:39.000]  We'll be back next week, 8 o'clock Central, Thursday and Friday.
[01:58:39.000 --> 01:58:43.000]  And make sure you listen to Eddie Craig's Monday night traffic show.
[01:58:43.000 --> 01:58:47.000]  And make sure you visit Logos Radio Network and help us with our fundraiser.
[01:58:47.000 --> 01:58:50.000]  Thank you and good night.
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