ROL_2017-05-05_16k_Hr3-4.timecode

[00:00.000 --> 00:10.000]  You are listening to the Logos Radio Network. LogosRadioNetwork.com
[00:10.000 --> 00:16.000]  Well, don't let nothing get to you. Only the father can do it for you.
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[00:23.000 --> 00:34.000]  Okay, we are back. Randy Kelton, Logos Radio on this May the 5th, 2017.
[00:34.000 --> 00:38.000]  We've been having some technical issues. I hope we've got it all straightened out.
[00:38.000 --> 00:46.000]  And I apologize for the difficulty. What you were listening to prior to this was a previous archive.
[00:46.000 --> 00:52.000]  We, every once in a while, we have some issues. We have to push the panic button and it goes to a previous show.
[00:52.000 --> 00:56.000]  And we're back live now. We're going to Olivier in Tennessee.
[00:56.000 --> 01:02.000]  Okay, Olivier, what do you have for us today?
[01:02.000 --> 01:11.000]  There's a fill-in and a question. Well, the Pew Sports sent me back a review of my hate this purpose.
[01:11.000 --> 01:25.000]  And they said that they're denying the hate this purpose because a final decision has not been rendered in my case yet.
[01:25.000 --> 01:35.000]  Okay, I'm a little perplexed about habeas corpus in Tennessee.
[01:35.000 --> 01:48.000]  It seems that all a judge has to do is simply deny your habeas out of hand and you have no effective recourse.
[01:48.000 --> 01:59.000]  Until you get, well, what they're saying is that habeas corpus is a post-conviction remedy.
[01:59.000 --> 02:08.000]  It is no such thing. The whole point of habeas corpus is if you arrested and held him properly.
[02:08.000 --> 02:15.000]  Well, okay, I understand that concept and that's why that's how I written it and that's how we're proceeding with it.
[02:15.000 --> 02:33.000]  But there, the understanding that they have legislated or want to understand is that habeas corpus is raised after you're convicted or after you're convicted and sent it.
[02:33.000 --> 02:38.000]  There will be absolutely no point in habeas corpus after you're convicted.
[02:38.000 --> 02:42.000]  The habeas corpus is an emergency writ.
[02:42.000 --> 02:48.000]  If you've already been convicted, then there's no point in an emergency writ.
[02:48.000 --> 02:55.000]  It doesn't make any sense. Something, we have to be missing something.
[02:55.000 --> 03:00.000]  What would a habeas do after it convicts?
[03:00.000 --> 03:23.000]  After conviction, well, it has rules of post-conviction in the court rules or whatnot, in the statutory rules and everything, but I don't understand the concept.
[03:23.000 --> 03:32.000]  It has rules with its post-conviction, but I've read where habeas corpus is at any time.
[03:32.000 --> 03:35.000]  I don't know, it was just...
[03:35.000 --> 03:44.000]  I read the Tennessee Code annotated. It didn't say anything about post-conviction.
[03:44.000 --> 03:47.000]  Nothing.
[03:47.000 --> 03:57.000]  But this one here, let's see, this is the Rule 28, Tennessee Rules of Post-Conviction Procedure.
[03:57.000 --> 04:05.000]  This is local rules.
[04:05.000 --> 04:15.000]  Okay, I'm looking at Title 29, Reminis and Special Proceedings, Chapter 21, habeas corpus.
[04:15.000 --> 04:26.000]  You're looking at habeas corpus that's after conviction. This is not after conviction.
[04:26.000 --> 04:38.000]  Grounds for writ. Any person imprisoned or restrained of liberty under any pretense whatsoever, except in cases specified in Subsection B,
[04:38.000 --> 04:49.000]  and in cases specified by 29, 21, 102, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment and restraint.
[04:49.000 --> 05:03.000]  This is what habeas is all about. If you're already convicted, there's no question about why you're being restrained.
[05:03.000 --> 05:13.000]  Subsection B, persons restrained of their liberty pursuant to a guilty plea and negotiated sentence are not entitled to the benefits of the writ
[05:13.000 --> 05:23.000]  on any claim that the petitioner received concurrent sentencing where there was a statutory requirement for consecutive sentences and blah, blah, blah.
[05:23.000 --> 05:36.000]  This is what a habeas is always about. Any person imprisoned or restrained of liberty under any pretense whatsoever, except in cases specified in Subsection B,
[05:36.000 --> 05:46.000]  and that's where you made a deal. And in cases specified in 21, 102, which I don't have in front of me, I can get to that,
[05:46.000 --> 05:55.000]  this is if you're restrained and you're, the whole point of the habeas is if you're improperly arrested.
[05:55.000 --> 06:07.000]  If a policeman comes in your house while you're asleep and drags you out of the house and accuses you of snoring too loud and throws you in jail,
[06:07.000 --> 06:13.000]  that goes to habeas. That's why it's an emergency writ.
[06:13.000 --> 06:21.000]  Yeah, it is an emergency writ, but if the judge denies it, then he denies it.
[06:21.000 --> 06:29.000]  So now you have no writ. You think your remedy to it is appealing immediately so it can get erred.
[06:29.000 --> 06:39.000]  That renders a habeas totally ineffective.
[06:39.000 --> 06:52.000]  Okay. If all the judge has to do is just deny it out of hand and you have no emergency remedy to an improper denial,
[06:52.000 --> 07:04.000]  that's the same as an improper arrest. So it renders the habeas absolutely worthless.
[07:04.000 --> 07:10.000]  So should I just appeal that decision to the Supreme Court?
[07:10.000 --> 07:21.000]  Looks like the only thing that I can see you can do.
[07:21.000 --> 07:32.000]  Proceedings after defendant's return. Plenty of may demur or reply to the return and all issues shall be tried by the court or judge in a summary way.
[07:32.000 --> 07:38.000]  Examination being adjourned from time to time necessary. Okay. Remedies and special proceedings.
[07:38.000 --> 07:46.000]  Habeas Court proceedings after defendant's return.
[07:46.000 --> 07:51.000]  Trying to find something that would.
[07:51.000 --> 08:02.000]  I don't see anything here about a denial of a habeas and to study the code to figure that out.
[08:02.000 --> 08:13.000]  It's wrongful denial of writ or denial of writ.
[08:13.000 --> 08:22.000]  Okay. 108. Okay. It is the duty of the court or judge to act upon such applications in standard.
[08:22.000 --> 08:39.000]  A wrongful and willful refusal to grant their writ when properly applied for is a misdemeanor in office besides subjecting the judge to damages at suit of the party agreed.
[08:39.000 --> 08:51.000]  Refusal of writ. If from the showing of the petitioner, the plaintiff would not be entitled to any relief, the writ may be refused.
[08:51.000 --> 08:58.000]  The reasons for such refusal being briefly endorsed upon the petition or appended there too.
[08:58.000 --> 09:07.000]  When they judge denied you writ, did he include findings of fact and conclusions at law?
[09:07.000 --> 09:16.000]  No. He just wrote that I was not restraining my liberty. So that covers a lot of things.
[09:16.000 --> 09:25.000]  All of me wrote I was not restraining liberty.
[09:25.000 --> 09:32.000]  Okay. Then have you researched restraining liberty in Tennessee?
[09:32.000 --> 09:38.000]  That's in Texas. If you fail, you're restrained at your liberty.
[09:38.000 --> 09:43.000]  If the court restricts you in any way, you're restrained at your liberty.
[09:43.000 --> 09:50.000]  Restricted in Tennessee.
[09:50.000 --> 10:07.000]  Wait a minute. You need to back away from the mic a little bit. I'm having trouble understanding you, destroying.
[10:07.000 --> 10:10.000]  Okay, yeah. Can you hear me?
[10:10.000 --> 10:16.000]  I can hear you, but you sound muffled.
[10:16.000 --> 10:20.000]  Go ahead. Keep talking.
[10:20.000 --> 10:27.000]  Yeah. I was figuring that I was going to appeal it to the Supreme Court.
[10:27.000 --> 10:33.000]  Okay. Well, I don't know what to say. I would have to research this.
[10:33.000 --> 10:40.000]  Well, yeah. The concept is it's supposed to be immediate writ. So, yeah.
[10:40.000 --> 10:47.000]  I would file the habeas in the Fed.
[10:47.000 --> 10:55.000]  And as for a federal habeas, it stood in the state habeas. They're more likely to hear it anyway.
[10:55.000 --> 10:59.000]  But you need to do the research here.
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[14:31.000 --> 14:59.000]  Okay, we are back. Randy Kelton, Rule of Law Radio on this May the 5th, 2017, and we really need to push this fundraiser because we had some technical difficulty coming in, and the technical difficulty is directly related to a computer system
[14:59.000 --> 15:16.000]  We need to get rebuilt, and it has to do with how the producer has to work his end. He can't hear what's going out on the air because that machine's down. We need to get that machine up so we don't have these kind of problems in the future.
[15:16.000 --> 15:35.000]  So, by all means, go to LogosRadioNetwork and check out the fundraiser and we have a done giveaway and also the drawing for the two guns and the lower receivers, a gift certificate.
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[15:57.000 --> 16:11.000]  Right now we need enough funds to get all of our systems back up and working like we should. Okay, the call line is open. The call in number is 512-646-1984.
[16:11.000 --> 16:19.000]  If you tried to call in earlier, we couldn't get to you. We were having some issues with the bridge. We seem to have those straightened out now.
[16:19.000 --> 16:35.000]  So, give us a call 512-646-1984. We're going back to Olivier in Tennessee. Olivier, this is way too technical for me. It's something I don't have any knowledge of, specific to Tennessee law.
[16:35.000 --> 16:57.000]  But I would think that if Tennessee has a habeas procedure that can simply be bypassed by the courts without any recourse on your point, your side, then you should definitely be able to go to a federal habeas.
[16:57.000 --> 17:13.000]  Well, okay. Well, it does say that there is a kind of real issue in the office and you can sue, but I mean they frown upon that act.
[17:13.000 --> 17:37.000]  Yeah, but the problem is it doesn't help you if you've been falsely imprisoned and you're being improperly restricted at your liberty, like in your case you've got a number of cases going on. All of them bogus. They've got a large amount of bail money tied up and you have no remedy.
[17:37.000 --> 18:03.000]  Well, if I have no remedy now, like you were saying, but if I keep on pushing the envelope, because I get denied that if the understanding that you have of federal habeas says that it should be upheld and not delayed, then...
[18:03.000 --> 18:15.000]  The federal habeas is going to say if you're restricted in your liberty in any way, and you can't leave the state if you're on bail without telling them and getting their permission.
[18:15.000 --> 18:25.000]  That's the same thing that Tennessee says. But they're trying to say that you only can raise a habeas after conviction.
[18:25.000 --> 18:35.000]  No, somebody's misunderstanding something. Absolutely. That cannot be. There would be absolutely no reason to have habeas corpus.
[18:35.000 --> 19:02.000]  I think it's one of those things that they use to try to manipulate the system or get over on the system. The statutes say immediate anytime, no matter what, but now they write local court rules which govern their court in the way that they run their paperwork, which is not according to the statute.
[19:02.000 --> 19:11.000]  If the court rule is not according to the statute and a judge follows the court rule and violates the statute, he's criminally responsible.
[19:11.000 --> 19:18.000]  They can use their court rule for toilet paper if it's not in compliance with the law.
[19:18.000 --> 19:38.000]  Well, the appeal court is refusing to review my habeas appeal stating that there's not a final conviction yet, so it doesn't give them jurisdiction to act or review my habeas.
[19:38.000 --> 19:51.000]  They're treating your habeas as if it was either a criminal or a standard criminal or a civil case. They're not treating the habeas like the emergency writ.
[19:51.000 --> 20:07.000]  So by all means, follow this with the Fed. The Fed will force the state to come in and show cause. And the state is not going to be happy having to explain to the Fed.
[20:07.000 --> 20:14.000]  And do I still get to appeal so I also appeal the appeal, of course.
[20:14.000 --> 20:25.000]  Your liberty is being restrained while all this is going on and the habeas goes to improper restraint of liberty.
[20:25.000 --> 20:38.000]  So it doesn't, just because they got some garbage going on doesn't deny you your right to challenge the garbage. That's what it sounds like the court is saying.
[20:38.000 --> 20:49.000]  As long as we keep some trash going on here, as long as we're denying you in your liberty, you can't challenge us for denying you in your liberty.
[20:49.000 --> 20:54.000]  What's wrong with that picture?
[20:54.000 --> 21:03.000]  So look to the federal habeas. Feds like to beat up on the state anyway.
[21:03.000 --> 21:10.000]  Okay. I see how long it'll take.
[21:10.000 --> 21:14.000]  Okay, do you have anything else for us?
[21:14.000 --> 21:17.000]  No, I will research that.
[21:17.000 --> 21:25.000]  Okay. And I got some feedback over Scott last night that I cut him off.
[21:25.000 --> 21:33.000]  And yeah, I did. And you have to understand we're doing a radio show, so we have to keep things moving.
[21:33.000 --> 21:42.000]  And when things seem to slow down, we run out of issues. You know, sometimes I keep callers longer than I should.
[21:42.000 --> 21:51.000]  Because I like to examine issues fully, but when it slows down, then I need to move on to the next caller, because we have other callers waiting.
[21:51.000 --> 22:01.000]  I didn't mean to step on Scott. And Scott understood it, but some of the listeners thought I kind of cut him off too quick.
[22:01.000 --> 22:07.000]  But it just sounded that way. I'm just trying to keep the show moving. Okay, that's all the apologizing I'm going to do.
[22:07.000 --> 22:15.000]  Now we're going to go to... I'm not sure who this is. You're on screen.
[22:15.000 --> 22:18.000]  Okay. Who am I talking to?
[22:18.000 --> 22:20.000]  This is Marshall Denney.
[22:20.000 --> 22:26.000]  There we go. Marshall Denney. I don't know why you're not showing on death.
[22:26.000 --> 22:33.000]  Oh, I've got port underscore orchard. So that's probably Portland.
[22:33.000 --> 22:43.000]  I don't know. But you're showing on screen. Okay. Okay. But those who don't know, Marshall Denney has an issue with a gun range.
[22:43.000 --> 22:46.000]  You're in Washington state, right?
[22:46.000 --> 22:47.000]  That's correct.
[22:47.000 --> 22:53.000]  Okay. Good. The database here has this all messed up.
[22:53.000 --> 23:00.000]  Okay. What is going on with your gun range issue?
[23:00.000 --> 23:07.000]  Well, it's gotten a great deal more complex since I spoke to you last time.
[23:07.000 --> 23:13.000]  To give you the 10,000 foot view, we have a gun range in Washington state here.
[23:13.000 --> 23:21.000]  I've been in continuous operation for 90 years that the county of Kitsap's been trying to close.
[23:21.000 --> 23:31.000]  And they have, back in 2009, they filed suit to declare us a nuisance. And when they weren't going to get the wind they wanted,
[23:31.000 --> 23:39.000]  they passed an ordinance that required everybody to get a permit to have a gun range.
[23:39.000 --> 23:45.000]  And filed suit under that, our position was we're going to operate under grandfathered rights.
[23:45.000 --> 23:51.000]  And they said, oh, no, no, everybody must have a permit. So this all turned into lawsuits.
[23:51.000 --> 23:57.000]  The first lawsuit, which we call Kitsap 1, is nuisance.
[23:57.000 --> 24:07.000]  And the primary has already been to the appeals court and back to the trial court and is currently back in the appeals court in the primary case.
[24:07.000 --> 24:12.000]  And we also have a contempt citation in the same case.
[24:12.000 --> 24:16.000]  Who has the contempt citation?
[24:16.000 --> 24:20.000]  The gun club. And that's a recent development.
[24:20.000 --> 24:35.000]  Because we failed to get a site development activity report that the professionals said would cost us more than $150,000 just to file the paperwork.
[24:35.000 --> 24:45.000]  And we didn't have that money. So we were unable to comply. And that was not a sufficient defense for the judge.
[24:45.000 --> 25:00.000]  Okay, hang on, about to go to break. Randy Kelton, rule of law radio, our call at number 512-646-1984. We'll be right back.
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[27:22.000 --> 27:42.000]  Okay, we are back. Randy Kelton, LulevLawRadio, and we're talking to...
[27:42.000 --> 27:45.000]  Oh, we lost it.
[27:45.000 --> 27:51.000]  I lost your name. I just told it to Debra 30 seconds ago.
[27:51.000 --> 27:55.000]  Look at you bring you on live. Okay, where were we?
[27:55.000 --> 28:03.000]  This sounds like they have done what cities tend to do or counties tend to do.
[28:03.000 --> 28:11.000]  They use taxpayer money to run you out of funds.
[28:11.000 --> 28:13.000]  Are you there?
[28:13.000 --> 28:16.000]  Okay, Marshall.
[28:16.000 --> 28:19.000]  Oh, sorry, Marshall.
[28:19.000 --> 28:29.000]  There you go. Okay, I was talking to Boris and Boris cannot hear us, so we're back.
[28:29.000 --> 28:34.000]  We're having one of those nights, a senior moment.
[28:34.000 --> 28:45.000]  Okay, this sounds like a standard practice for lawyers when they're using taxpayer money.
[28:45.000 --> 28:50.000]  They don't care how much of taxpayer money they use and they will run you out of money.
[28:50.000 --> 28:52.000]  That's their whole purpose.
[28:52.000 --> 29:06.000]  Yeah, they're financing this entire multi-year, a multi-law suit situation with the prosecutor's office budget.
[29:06.000 --> 29:09.000]  Prosecutor's office budget?
[29:09.000 --> 29:12.000]  Yes.
[29:12.000 --> 29:18.000]  Well, does the prosecutor have this much extra funding?
[29:18.000 --> 29:28.000]  Well, that's a very interesting question, but yeah, all the lawyers in all the lawsuits are all from the prosecutor's office.
[29:28.000 --> 29:37.000]  In this state, they allow the lawyers in the prosecutor's office to engage in civil suits.
[29:37.000 --> 29:46.000]  Yeah, they do that here too, but it's separate from the prosecutor's office.
[29:46.000 --> 29:58.000]  Whoever they represent in Texas, the county attorney represents the county in civil litigation.
[29:58.000 --> 30:04.000]  The district attorney represents the state in civil litigation.
[30:04.000 --> 30:07.000]  That doesn't come out of the prosecutor's budget.
[30:07.000 --> 30:09.000]  There's a different budget.
[30:09.000 --> 30:13.000]  You should do some accounting and see where all this money is coming from.
[30:13.000 --> 30:24.000]  Well, I don't know which pile, but several years ago, there was a public records request at a certain point and they had spent in the prosecutor's office.
[30:24.000 --> 30:33.000]  Now, maybe they had a different pile of money to pull it out of, but we queried the prosecutor's office and they said they had spent more than a half a million dollars and that was several years ago.
[30:33.000 --> 30:42.000]  So you ought to do that again and then publicize what they're spending on this.
[30:42.000 --> 30:46.000]  Oh, yeah, well, they're probably three times that figure at this point.
[30:46.000 --> 30:57.000]  You should wave that in front of the public, see if you can't get these, you know, at the end of the day, everything's political.
[30:57.000 --> 31:09.000]  So if you get the public upset at these guys, the public wants services and the services, they're not, they could have bought with a million and a half dollars.
[31:09.000 --> 31:15.000]  The voter is probably not going to be very happy about it.
[31:15.000 --> 31:17.000]  Yep.
[31:17.000 --> 31:20.000]  At the end of the day, it's all politics.
[31:20.000 --> 31:26.000]  These guys got enough money to just beat you down and that's what they count on.
[31:26.000 --> 31:28.000]  Yeah.
[31:28.000 --> 31:31.000]  So the second.
[31:31.000 --> 31:33.000]  Go ahead.
[31:33.000 --> 31:42.000]  I said the second suit, which was related to the range ordinance has been passed the trial level.
[31:42.000 --> 31:46.000]  We were denied a trial.
[31:46.000 --> 31:49.000]  We were denied an evidentiary hearing.
[31:49.000 --> 31:53.000]  We were denied discovery in a civil case.
[31:53.000 --> 32:01.000]  We were prohibited by court order from issuing any further discovery and we hadn't gotten any.
[32:01.000 --> 32:04.000]  It's not like we got a bunch of discovery and then he stopped us.
[32:04.000 --> 32:06.000]  We didn't get any discovery.
[32:06.000 --> 32:11.000]  This sounds like grounds for a civil habeas.
[32:11.000 --> 32:14.000]  Civil habeas, never heard of such a thing.
[32:14.000 --> 32:18.000]  Yeah, you're being denied in your rights.
[32:18.000 --> 32:20.000]  Yeah, there is a civil habeas.
[32:20.000 --> 32:23.000]  You need to look that up.
[32:23.000 --> 32:27.000]  This goes to due process.
[32:27.000 --> 32:31.000]  You might fall in the bed.
[32:31.000 --> 32:36.000]  Research civil habeas.
[32:36.000 --> 32:38.000]  Okay.
[32:38.000 --> 32:43.000]  And a couple of additional developments in that second case.
[32:43.000 --> 32:45.000]  All the things I've already stated.
[32:45.000 --> 32:50.000]  Plus, right before the, there had been a lot of little pieces in between as you might well guess.
[32:50.000 --> 33:00.000]  There was a summary judgment and the judge had ordered that basically some of their original claims had been set aside.
[33:00.000 --> 33:07.000]  They weren't really relevant anymore because we eventually applied for a permit under protest.
[33:07.000 --> 33:20.000]  And the judge, Sue Esponte, made a final determination in the case that had already had summary judgment that was already in front of the appeals court under summary judgment.
[33:20.000 --> 33:27.000]  And they, he ordered us to court, including our lawyers, ordered us to court.
[33:27.000 --> 33:32.000]  And in writing, he said he would not hear argument from the lawyers.
[33:32.000 --> 33:38.000]  But why are our lawyers coming to court if he's just going to give us a ruling?
[33:38.000 --> 33:39.000]  But that's what he did.
[33:39.000 --> 33:50.000]  Now he ended up relenting in the hearing, but he issued an order to ordering us to court and telling, say, telling us that our lawyers would not be heard.
[33:50.000 --> 33:51.000]  Wait a minute.
[33:51.000 --> 33:54.000]  This thing was on appeal?
[33:54.000 --> 33:56.000]  The summary judgment was on appeal.
[33:56.000 --> 33:59.000]  What these cases have a lot of sub pieces.
[33:59.000 --> 34:02.000]  Eventually they got, we had an injunction.
[34:02.000 --> 34:05.000]  We eventually applied for a permit.
[34:05.000 --> 34:09.000]  Eventually there was a summary judgment.
[34:09.000 --> 34:28.000]  But because of some other proceedings, he issued a final, final non-summary adjudication, issuing a permanent injunction against the club where the summary judgment had a temporary injunction.
[34:28.000 --> 34:32.000]  No, wait a minute.
[34:32.000 --> 34:39.000]  How does he issue if the injunction is being appealed?
[34:39.000 --> 34:47.000]  That would, I would think that would take away his plenary, his jurisdiction over the injunction.
[34:47.000 --> 34:48.000]  Yes.
[34:48.000 --> 34:50.000]  In fact, he had issued a temporary injunction.
[34:50.000 --> 35:03.000]  The temporary injunction had been stayed by the appeals court and that case had continued to proceed.
[35:03.000 --> 35:14.000]  He maintained plenary jurisdiction and we were in an administrative appeal of their denial of the application for the gun range.
[35:14.000 --> 35:26.000]  And we were assuming, based on his delays, that he was, and there was some paperwork where he alluded to, he was going to, he couldn't make a decision until we had finished our administrative remedies.
[35:26.000 --> 35:29.000]  So he was kind of holding it in obedience.
[35:29.000 --> 35:32.000]  And we're going to have that later next month.
[35:32.000 --> 35:43.000]  And a couple of weeks ago he decided he was going to do a final adjudication in the case and issued a permanent injunction.
[35:43.000 --> 35:54.000]  So have you appealed the petition for findings of fact or a motion for reconsideration?
[35:54.000 --> 35:56.000]  That's essentially what that is.
[35:56.000 --> 35:59.000]  He made an order in the court.
[35:59.000 --> 36:08.000]  He said he was going to issue a permanent injunction and we have no written orders and this is over a month later.
[36:08.000 --> 36:09.000]  Okay.
[36:09.000 --> 36:11.000]  This is what he will do.
[36:11.000 --> 36:18.000]  He'll verbally issue an order, never issue a written order and deny you your right to appeal.
[36:18.000 --> 36:30.000]  We need the petition for a mandamus from the appeals court ordering him to issue a written order so you can appeal it.
[36:30.000 --> 36:32.000]  Well, that's interesting.
[36:32.000 --> 36:43.000]  It's supposed to be back in court this coming Thursday because the county wants specific language in the order that had not been agreed to, and of course he hadn't signed one yet.
[36:43.000 --> 36:50.000]  So they're moving the court for some specific language with finding some facts and conclusions at law.
[36:50.000 --> 36:59.000]  We're objecting because they're, I mean, they're putting words in the judge's mouth that he never said to parts of decisions he's never made.
[36:59.000 --> 37:07.000]  So we're objecting to that and we're going to be back in court on Thursday.
[37:07.000 --> 37:08.000]  Okay.
[37:08.000 --> 37:13.000]  The lawyers who filed this, has anybody barred griefdom?
[37:13.000 --> 37:18.000]  No, but there's been serious discussions about it.
[37:18.000 --> 37:23.000]  This is all politics.
[37:23.000 --> 37:25.000]  And that's where your politics is.
[37:25.000 --> 37:30.000]  I don't like it, but it's none of his business.
[37:30.000 --> 37:38.000]  And, you know, we do this here all the time and then these lawyers, we start bar-grieving the lawyers and they're gone.
[37:38.000 --> 37:40.000]  And then we get another set of lawyers.
[37:40.000 --> 37:46.000]  And we know that next set of lawyers comes in a couple hundred dollars an hour more than the last one.
[37:46.000 --> 37:50.000]  They're trying to drive you into bankruptcy.
[37:50.000 --> 37:52.000]  You do the same thing to them.
[37:52.000 --> 38:00.000]  And now we're being kept alive in the first case because we have an insurance policy that's paying for the lawyers.
[38:00.000 --> 38:11.000]  And in the second case, we have a lawyer that's basically sending us bills and we're paying him five cents on the dollar for his copy machine, basically.
[38:11.000 --> 38:16.000]  And people are making donations just so we can keep up with that level.
[38:16.000 --> 38:19.000]  Man, take the fight.
[38:19.000 --> 38:27.000]  So far, they're doing anything they want to to you and they're doing it with impunity.
[38:27.000 --> 38:29.000]  You don't take the fight back to them.
[38:29.000 --> 38:36.000]  They're going to just drive you until you run out.
[38:36.000 --> 38:38.000]  Have you found any company?
[38:38.000 --> 38:44.000]  Have they done anything that appear to be in violation of law?
[38:44.000 --> 38:48.000]  The two biggest things the judges have done.
[38:48.000 --> 38:57.000]  I mean, the lawyers have made lots of statements before the court that would be flagrantly incorrect.
[38:57.000 --> 39:11.000]  But the biggest ones the judges have done was the, in the first case, the contempt citation when there was manifest evidence and no evidence to the contrary that we were unable to comply with the court.
[39:11.000 --> 39:18.000]  That courts don't have authority to find you in contempt for not doing something you're not able to do.
[39:18.000 --> 39:19.000]  Able to do.
[39:19.000 --> 39:20.000]  Hang on.
[39:20.000 --> 39:21.000]  It's about to go to break.
[39:21.000 --> 39:28.000]  Randy Kelton, who's about radio, I call in number 512-646-1984.
[39:28.000 --> 39:31.000]  We're going to the top of the hour breaks.
[39:31.000 --> 39:36.000]  It's a good time to go to Logos Radio Network and check out our fundraiser.
[39:36.000 --> 39:43.000]  We've got a machine we need to rebuild so we don't have any more of these breakdowns like we had today.
[39:43.000 --> 39:45.000]  Here you check out Randy's beer font.
[39:45.000 --> 39:50.000]  We'll be right back.
[39:50.000 --> 39:54.000]  Would you like to make more definite progress in your walk with God?
[39:54.000 --> 40:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
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[40:06.000 --> 40:13.000]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[40:13.000 --> 40:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[40:18.000 --> 40:28.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[40:28.000 --> 40:33.000]  Here are your free New Testament recovery version and Basic Elements of the Christian Life.
[40:33.000 --> 40:40.000]  Call Bibles for America toll free at 888-551-0102.
[40:40.000 --> 40:44.000]  That's 888-551-0102.
[40:44.000 --> 40:49.000]  Or visit us online at bfa.org.
[40:49.000 --> 40:59.000]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
[41:20.000 --> 41:29.000]  Today in history, the year 1865, U.S. President Abraham Lincoln is shot at Ford's Theater by John Wilkes Booth.
[41:29.000 --> 41:39.000]  Lincoln later died the next day after being shot today in history.
[41:39.000 --> 41:52.000]  In recent news, the GBU-43B, Massive Ordinance Air Blast Bomb or Mother Vault Bombs, the largest non-nuclear bomb in the United States arsenal with the blast yield of 11 tons of TNT,
[41:52.000 --> 42:00.000]  was dropped for the first time in combat Thursday night on a network of fortified underground tunnels originally built by the CIA according to WikiLeaks
[42:00.000 --> 42:05.000]  that ISIS and the Taliban had been using to stage attacks on U.S. and Afghani forces.
[42:05.000 --> 42:14.000]  The strike took place in the Nankahar province near the Afghan and Pakistan border with Afghan officials confirming 36 ISIS fighters killed.
[42:14.000 --> 42:20.000]  However, ISIS media winged the AMAC News Agency denied that any ISIS fighters were killed or injured.
[42:20.000 --> 42:27.000]  General John Nicholson, Commander of the U.S. Forces in Afghanistan, defending the use of the Moab, told a press conference that, quote,
[42:27.000 --> 42:29.000]  this was the right weapon against the right target.
[42:29.000 --> 42:33.000]  It was the right time to use it tactically against the right target on the battlefield.
[42:33.000 --> 42:37.000]  It was the 21,600-pound, $170,000 mother-of-all bombs.
[42:37.000 --> 42:46.000]  Afghan President Ashraf Ghani approved of the strike while former President Hamid Karzai accused the United States of using Afghanistan as a, quote,
[42:46.000 --> 42:48.000]  testing ground for a new and dangerous weapon.
[42:48.000 --> 42:54.000]  Residents two to three kilometers away were reporting broken windows and thick clouds of smoke after the blast.
[42:54.000 --> 43:03.000]  During the final stages of testing in 2003, military officials told the media that the Moab was mainly conceived as a weapon employed for psychological operations.
[43:03.000 --> 43:07.000]  That is, as a means of scaring enemies into not even fighting.
[43:07.000 --> 43:18.000]  An internal Delta Airlines memo obtained Friday by the Associated Press stated that its agents can offer up to $2,000 up from a previous maximum of $800,
[43:18.000 --> 43:28.000]  and supervisors can offer up to $9,950 up from $1,350 to customers willing to give up their seats, with other airlines examining their policies as well,
[43:28.000 --> 43:35.000]  and American Airlines updating its rules to say that no passengers who have boarded the plane will be removed to give up the seat to someone else.
[43:35.000 --> 43:44.000]  All this in response to a viral video where airport officers violently yanked and dragged David Dowell from his seat on a sold-out United Express flight,
[43:44.000 --> 43:48.000]  a choice which cost United upwards of a quarter of a billion dollars.
[43:48.000 --> 43:53.000]  No wonder airline competitors are paying out nearly 10 grand to avoid such a scenario.
[43:53.000 --> 44:18.000]  This was Brooke Rody with the Vogue Hour for April 14, 2017.
[44:23.000 --> 44:37.000]  Okay, we are back.
[44:37.000 --> 44:42.000]  We're Andy Kelton with Rural Radio, and we're talking to Marshall Denny in Washington.
[44:42.000 --> 44:44.000]  Okay, Marshall.
[44:44.000 --> 44:51.000]  I'm still, they don't have any reason to quit beating you up.
[44:51.000 --> 44:57.000]  And the thing about judicial conduct complaints and bar grievances,
[44:57.000 --> 45:08.000]  if you have a judge that is honest and straightforward, and you believe he's not, and you accuse him of it,
[45:08.000 --> 45:12.000]  if he's honest and straightforward, he's not going to hold that against you.
[45:12.000 --> 45:15.000]  You raise your issues, let him argue them.
[45:15.000 --> 45:21.000]  If he is being dishonest, you will really get his attention.
[45:21.000 --> 45:29.000]  And these lawyers, if a lawyer puts a statement on a pleading that's not true,
[45:29.000 --> 45:34.000]  that goes right to failure to speak with candor to the court.
[45:34.000 --> 45:39.000]  It's effectively aggravated perjury.
[45:39.000 --> 45:47.000]  And if he did it to me, I would file aggravated perjury charges against him immediately.
[45:47.000 --> 45:54.000]  And if he says one word to the court about it, I'll move for a mistrial.
[45:54.000 --> 45:59.000]  You've got a lot of power. Everything here is political.
[45:59.000 --> 46:03.000]  You're not going to win that case simply because you have the law and the facts on your side.
[46:03.000 --> 46:06.000]  You're going to win if you get the politics on your side.
[46:06.000 --> 46:11.000]  If you start jeopardizing their careers, they're not going to be quite so hot,
[46:11.000 --> 46:16.000]  so crazy about dragging you through the mud.
[46:16.000 --> 46:21.000]  And I know you resisted it then, but look what they're doing to you.
[46:21.000 --> 46:29.000]  Now they found a way to essentially force you out of the game.
[46:29.000 --> 46:36.000]  Yep. Well, one thing that's been rather evident, in my opinion,
[46:36.000 --> 46:42.000]  is that they're actually in a much worse legal position now than when we started
[46:42.000 --> 46:45.000]  because they've made all these mistakes.
[46:45.000 --> 46:50.000]  The worst of which, in the second case, which I was describing just a moment ago,
[46:50.000 --> 46:56.000]  was basically serial due process violations.
[46:56.000 --> 47:02.000]  Not the ones I've already told you about.
[47:02.000 --> 47:08.000]  Because it's dealing with a fundamental right, and of course there's been a number of recent federal decisions,
[47:08.000 --> 47:13.000]  the particular one of interest to us is Zell v. Chicago,
[47:13.000 --> 47:19.000]  that states that in Second Amendment cases where you're infringing,
[47:19.000 --> 47:25.000]  the court must engage in legal analysis of a certain comment, and they describe it.
[47:25.000 --> 47:28.000]  Well, we didn't get any of that analysis.
[47:28.000 --> 47:33.000]  Neither verbally in court, nor in the court decision.
[47:33.000 --> 47:39.000]  And the federal court says that there must be legal analysis in these cases.
[47:39.000 --> 47:44.000]  Okay, the way I read that, official oppression.
[47:44.000 --> 47:52.000]  These judges, they're telling you that if you don't like my ruling, you can always appeal.
[47:52.000 --> 47:59.000]  I had dumped some criminal complaints on the head criminal of Travis County.
[47:59.000 --> 48:02.000]  And Bush whacked him in his courtroom with him.
[48:02.000 --> 48:05.000]  Complaints against all the highest judges in Texas.
[48:05.000 --> 48:12.000]  Actually, a complaint against the district attorney for shielding criminal complaints against all the highest judges from the grand jury.
[48:12.000 --> 48:19.000]  And he told me that he was a district judge, and district judges in Travis County don't take criminal complaints.
[48:19.000 --> 48:24.000]  And I said, well, that's okay, judge. I'm not here to invoke your duty as a district judge.
[48:24.000 --> 48:30.000]  I'm here to invoke your duty as a magistrate, and that's a duty from which you may not shield yourself.
[48:30.000 --> 48:36.000]  And he said, well, Mr. Calcom, you really, you should take this to the sheriff's department, said I did.
[48:36.000 --> 48:42.000]  I filed shielding, I filed criminal charges with the sheriff's department, he threw him in a trash.
[48:42.000 --> 48:45.000]  So, well, you should appeal for a written mandamus.
[48:45.000 --> 48:47.000]  I said, don't ask me to appeal.
[48:47.000 --> 48:54.000]  He said, you go to a, go before a corrupt judge, and he rendered a bogus decision, and everybody says, oh, that's okay.
[48:54.000 --> 48:59.000]  You can go before a whole panel of corrupt judges, and they really screw your royal.
[48:59.000 --> 49:04.000]  And judge Hopkins was really gentle, and they had a nice guy.
[49:04.000 --> 49:08.000]  And he kind of laughed, and he said, well, Mr. Calcom, I don't think it's quite that bad.
[49:08.000 --> 49:10.000]  And I said, that's because you're not pro se.
[49:10.000 --> 49:14.000]  I got a better idea. I'll appeal to the grand jury.
[49:14.000 --> 49:17.000]  He said, well, Mr. Calcom, you can't appeal to the grand jury.
[49:17.000 --> 49:18.000]  I said, sure, I can.
[49:18.000 --> 49:24.000]  I can appeal to the grand jury to arrest the sheriff for felony shielding from prosecution.
[49:24.000 --> 49:31.000]  If a judge sits on the bench and fails to determine the facts in accordance with the rules of evidence,
[49:31.000 --> 49:34.000]  then apply the laws that comes to him to the facts in the case.
[49:34.000 --> 49:39.000]  And in the process, denies you in the form of free access to your enjoyment, right?
[49:39.000 --> 49:42.000]  That's a crime in every state.
[49:42.000 --> 49:45.000]  It's a classic misdemeanor.
[49:45.000 --> 49:51.000]  I've heard you say that statement before, determine the facts in accordance with the rules of evidence, et cetera.
[49:51.000 --> 49:56.000]  Does that come from a particular case, or is that from some law in Texas?
[49:56.000 --> 50:00.000]  No, that's...
[50:00.000 --> 50:04.000]  I'm not sure I remember where I got that.
[50:04.000 --> 50:07.000]  I've been using it so long, and you know, you keep saying things.
[50:07.000 --> 50:09.000]  You don't keep saying where you got them.
[50:09.000 --> 50:12.000]  Nobody's ever asked me where I got that before.
[50:12.000 --> 50:13.000]  I don't remember.
[50:13.000 --> 50:20.000]  I went looking for it and I couldn't find it.
[50:20.000 --> 50:24.000]  But clearly, that's their duty.
[50:24.000 --> 50:31.000]  The judge is not there to decide what he thinks is right.
[50:31.000 --> 50:39.000]  The last thing you want the judge to do is seek justice.
[50:39.000 --> 50:40.000]  Screw that.
[50:40.000 --> 50:44.000]  That's common law crapola.
[50:44.000 --> 50:50.000]  I want the judge to rule based on the laws we've set in front of him.
[50:50.000 --> 50:53.000]  These are statutory courts.
[50:53.000 --> 51:02.000]  In common law courts, the judge looks at both parties and looks at what's going on, and he decides what he thinks is fair.
[51:02.000 --> 51:10.000]  Well, that was a really bad strategy, because what he thinks is fair is going to depend on whether or not his wife was...
[51:10.000 --> 51:18.000]  He had a fight with his wife this morning, or whether he's got indigestion or not.
[51:18.000 --> 51:23.000]  I want him to rule on the law and the facts as it applies to the law.
[51:23.000 --> 51:28.000]  If he doesn't, then I'm going to call that a crime.
[51:28.000 --> 51:35.000]  Judges are not used to being taken to task, and that's because lawyers don't dare do that.
[51:35.000 --> 51:39.000]  Because the judge has screwed their next client to get back at him.
[51:39.000 --> 51:41.000]  But you're not a lawyer.
[51:41.000 --> 51:43.000]  You don't have to worry about that.
[51:43.000 --> 51:59.000]  If the members be in the back, filed criminally against the judge, the lawyer has no say, and the lawyer has plausible deniability.
[51:59.000 --> 52:03.000]  This is what I do to help people win cases.
[52:03.000 --> 52:11.000]  If I can find a way to construe what the judge did as improper, I'm going to file against him.
[52:11.000 --> 52:14.000]  I'm going to set him up to do things wrong.
[52:14.000 --> 52:18.000]  Have you heard my hearing aid story?
[52:18.000 --> 52:20.000]  Sure.
[52:20.000 --> 52:26.000]  That's my favorite one. I just went in there and set him up.
[52:26.000 --> 52:31.000]  And once he found that out, and everybody in the county...
[52:31.000 --> 52:36.000]  When I walk into a courtroom now, I used to have bailiffs all kind of gather around me.
[52:36.000 --> 52:39.000]  Now they try to find a hole to get into.
[52:39.000 --> 52:43.000]  They don't want to be anywhere around me.
[52:43.000 --> 52:49.000]  If you don't give them a reason to stop coming after you, they're not going to stop coming after you.
[52:49.000 --> 52:51.000]  That raises an interesting question.
[52:51.000 --> 53:04.000]  When exactly does a due process violation go from the point of being a legal error on the part of the judge to a criminal act?
[53:04.000 --> 53:09.000]  Now he's the judge. He don't make legal errors.
[53:09.000 --> 53:12.000]  Screws V.U.S.
[53:12.000 --> 53:18.000]  A private citizen cannot claim the ignorance of the law as a defense to prosecution.
[53:18.000 --> 53:23.000]  A public official is held to a much higher standard.
[53:23.000 --> 53:33.000]  If a public official violates a ruling of this court and he be sane, he may not be heard to say he knows not what he does.
[53:33.000 --> 53:39.000]  This is the judge. He can't make a mistake.
[53:39.000 --> 53:45.000]  I mean he can, but he can't rely on it being a mistake.
[53:45.000 --> 53:48.000]  He has a duty.
[53:48.000 --> 53:53.000]  Apply the law and the facts. If he doesn't, then what is he doing on the bench?
[53:53.000 --> 54:00.000]  I might as well go get a bum off the street.
[54:00.000 --> 54:02.000]  That's the whole thing about lawyers.
[54:02.000 --> 54:08.000]  He's learning counsel. He can't make these mistakes.
[54:08.000 --> 54:22.000]  In the second case, the judge has been retired for more than a calendar year and they've kept him on as a pro temp to continue on the case.
[54:22.000 --> 54:30.000]  In fact, the bailiffs, last time we were in court, the bailiffs were helping people and we were moving toward the courtroom.
[54:30.000 --> 54:32.000]  Which courtroom are you looking for?
[54:32.000 --> 54:37.000]  Oh, Judge Roof said, no, no, there's no Judge Roof here. He retired more than a year ago.
[54:37.000 --> 54:42.000]  Well, except for our case.
[54:42.000 --> 54:52.000]  But the big thing as I see it, the biggest mistakes they've made is serial due process violations.
[54:52.000 --> 55:06.000]  Every one of those should get an official misconduct or if you have an official oppression charge, straight to the grand jury, straight to the district attorney.
[55:06.000 --> 55:12.000]  This is politics. You don't expect to get prosecuted.
[55:12.000 --> 55:18.000]  Well, you say take it to the district attorney, but the district attorney is the other party in front of the judge.
[55:18.000 --> 55:26.000]  Yeah, yeah, no, isn't that great?
[55:26.000 --> 55:28.000]  How do you go to the next county?
[55:28.000 --> 55:40.000]  No, the district attorney appoints an attorney pro temp to prosecute himself.
[55:40.000 --> 55:47.000]  They do this stuff with impunity. They forget who we are. We forget who we are.
[55:47.000 --> 55:51.000]  They're the servants. We're the masters.
[55:51.000 --> 55:58.000]  I go into court with my litigants hat on until one of my public officials steps across one of my legal lines.
[55:58.000 --> 56:06.000]  Then I take off my litigants hat. I put on my master's hat and we fight.
[56:06.000 --> 56:18.000]  And for my proposition, the more minor and minuscule the error, the better, the more technical, the better.
[56:18.000 --> 56:27.000]  I had a judge that denied me in the right to challenge the grand jury pool.
[56:27.000 --> 56:36.000]  The prosecutor said, Mr. Kelton, do you mind if I ask why you want to challenge the grand jury pool?
[56:36.000 --> 56:41.000]  No reason, just because I can't.
[56:41.000 --> 56:48.000]  So the judge didn't give me opportunity to do it, and either when you come off the bench, I said, Your Honor, you need to call that grand jury back in, disband that grand jury.
[56:48.000 --> 56:54.000]  Reconvene the pool. Give me opportunity to challenge the pool.
[56:54.000 --> 56:57.000]  Then we're in panel of grand jury.
[56:57.000 --> 57:02.000]  I'm going to challenge the pool. You have to follow the right procedure.
[57:02.000 --> 57:08.000]  Since the statute doesn't prescribe a procedure and it is your duty to ensure my rights, you have to determine a procedure.
[57:08.000 --> 57:11.000]  Well, you'll just have to find the right procedure.
[57:11.000 --> 57:15.000]  I said, Well, I guess we'll just have to see what Travis County has to say about that.
[57:15.000 --> 57:19.000]  Are you threatening me, Mr. Bailiff? He's threatening me arrest this man.
[57:19.000 --> 57:23.000]  Bailiff come over and put his hand on my arm.
[57:23.000 --> 57:26.000]  I looked down and I said, Mr. Bailiff, I see you're packing.
[57:26.000 --> 57:30.000]  He just, Mr. Kelton, I am. Tell me, Mr. Bailiff.
[57:30.000 --> 57:37.000]  Well, actually the head bailiff for the courtroom, when the judge said arrest him, he went the other way.
[57:37.000 --> 57:41.000]  He wouldn't have anything to do with that.
[57:41.000 --> 57:44.000]  I said, Tell me, Mr. Bailiff, is that pistol loaded?
[57:44.000 --> 57:46.000]  He said, Yes, it is.
[57:46.000 --> 57:49.000]  And I was going to ask him, are you fixing to pull that pistol?
[57:49.000 --> 57:53.000]  But the judge got it. He realized something's going on.
[57:53.000 --> 57:56.000]  He said, That's okay, Mr. Bailiff, you can stand down.
[57:56.000 --> 57:59.000]  Sorry, Bubba.
[57:59.000 --> 58:04.000]  I love Logos. Without the shows on this network, I'd be almost as ignorant as my friend.
[58:04.000 --> 58:07.000]  I'm so addicted to the truth now that there's no going back.
[58:07.000 --> 58:10.000]  I need my truth fix. I'd be lost without Logos.
[58:10.000 --> 58:13.000]  And I really want to help keep this network on the air.
[58:13.000 --> 58:16.000]  And I'd love to volunteer as a show producer, but I'm a bit of a Luddite.
[58:16.000 --> 58:20.000]  I really don't have any money to give because I spent it all on supplements.
[58:20.000 --> 58:22.000]  How can I help Logos?
[58:22.000 --> 58:27.000]  Well, I'm glad you asked. Whenever you order anything from Amazon, you can help Logos.
[58:27.000 --> 58:31.000]  With ordering your supplies or holiday gifts, the first thing you do is clear your cookies.
[58:31.000 --> 58:34.000]  Now, go to LogosRadioNetwork.com.
[58:34.000 --> 58:37.000]  Click on the Amazon logo and bookmark it.
[58:37.000 --> 58:43.000]  Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[58:43.000 --> 58:44.000]  Do I pay extra?
[58:44.000 --> 58:45.000]  No.
[58:45.000 --> 58:47.000]  Do I do anything different when I order?
[58:47.000 --> 58:48.000]  No.
[58:48.000 --> 58:49.000]  Can I use my Amazon Prime?
[58:49.000 --> 58:50.000]  No.
[58:50.000 --> 58:51.000]  I mean, yes.
[58:51.000 --> 58:55.000]  Wow, giving without doing anything or spending any money, this is perfect.
[58:55.000 --> 58:57.000]  Thank you so much.
[58:57.000 --> 58:58.000]  We are welcome.
[58:58.000 --> 59:00.000]  Happy holidays, Logos.
[59:00.000 --> 59:05.000]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination
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[01:00:18.000 --> 01:00:25.000]  Okay, we are back. Randy Kelton, Rula Radio, and we're talking to Marshall Denny in Washington State.
[01:00:25.000 --> 01:00:30.000]  Well, the judge had the bailiff touch my arm.
[01:00:30.000 --> 01:00:37.000]  2201 Texas Penal Code calls that assault because it was meant to be offensive.
[01:00:37.000 --> 01:00:47.000]  If someone commits simple assault as defined by 2201, and they are prominently displaying a deadly weapon, that's a felony of the second degree.
[01:00:47.000 --> 01:00:59.000]  Unless they are a public official acting under the color or pretense of an official capacity, in which case it is a felony of the first degree.
[01:00:59.000 --> 01:01:05.000]  I charged the judge whose first degree felony aggravated assault.
[01:01:05.000 --> 01:01:09.000]  That was so much fun.
[01:01:09.000 --> 01:01:12.000]  You want to play hardball, Bubba?
[01:01:12.000 --> 01:01:16.000]  Welcome to the deep end of the pool.
[01:01:16.000 --> 01:01:22.000]  And I actually filed it with the grand jury that district attorney stood aside.
[01:01:22.000 --> 01:01:26.000]  The more nitpicking it is, the better.
[01:01:26.000 --> 01:01:30.000]  Rick, big issues, go after the small issues.
[01:01:30.000 --> 01:01:36.000]  Go after the small ones, because they don't see that coming.
[01:01:36.000 --> 01:01:49.000]  And if you can do it over something this small, when the district clerk wouldn't give me the hard copy record of some files, instead I had to look in the computer.
[01:01:49.000 --> 01:01:56.000]  And I got the local lieutenant on the bailiffs refused to take my complaint.
[01:01:56.000 --> 01:01:57.000]  I called 911.
[01:01:57.000 --> 01:02:05.000]  And while I'm waiting for the officer to come, the clerk and this lieutenant came out and the clerk had a whole bunch of folders in her hand.
[01:02:05.000 --> 01:02:09.000]  And they started to say, the lieutenant started to say something to me.
[01:02:09.000 --> 01:02:11.000]  And I said, stop, stop, stop.
[01:02:11.000 --> 01:02:13.000]  I can't talk to you guys.
[01:02:13.000 --> 01:02:14.000]  I got somebody coming.
[01:02:14.000 --> 01:02:16.000]  I'll give him a full statement.
[01:02:16.000 --> 01:02:23.000]  But since I'm going to file criminal charges against both of you, it would be inappropriate for me to have any further conversation.
[01:02:23.000 --> 01:02:27.000]  And the sergeant said, well, she has the documents that you asked for.
[01:02:27.000 --> 01:02:29.000]  Sorry, Bubba.
[01:02:29.000 --> 01:02:32.000]  That bill has already been rung.
[01:02:32.000 --> 01:02:40.000]  And the look on the clerk's face was absolutely priceless.
[01:02:40.000 --> 01:02:53.000]  I came back nine months later, she took one look at me and her face flushed red and she was absolutely furious.
[01:02:53.000 --> 01:02:56.000]  But I bet she don't pull that on anybody anymore.
[01:02:56.000 --> 01:03:07.000]  If these lawyers, if they put a statement in a document that's not true, man, you should bar grieve them.
[01:03:07.000 --> 01:03:11.000]  One word to the court about that.
[01:03:11.000 --> 01:03:17.000]  You move for a mistrial and ask for sanctions against the lawyer.
[01:03:17.000 --> 01:03:21.000]  They are forbidden to mention it.
[01:03:21.000 --> 01:03:27.000]  So you get to kick them in their professional behind and they can't do anything about it.
[01:03:27.000 --> 01:03:32.000]  Every time they put a statement in there that you think is improper, bar grieve them.
[01:03:32.000 --> 01:03:39.000]  These guys that get so gun shy, they'll be afraid to file documents.
[01:03:39.000 --> 01:03:43.000]  And what will happen is the law firm that you have, well, these are prosecutors.
[01:03:43.000 --> 01:03:51.000]  They're prosecutors that get apoplexy, but there's absolutely nothing they can do.
[01:03:51.000 --> 01:03:54.000]  They're going to do their worst to you anyway.
[01:03:54.000 --> 01:03:57.000]  So what do you care if they're upset at you?
[01:03:57.000 --> 01:04:04.000]  And if they say a word to the judge you hope they do, then you move to disqualify the judge that moved for mistrial.
[01:04:04.000 --> 01:04:09.000]  They're not going to give you a mistrial, but a good chance you get that judge over there.
[01:04:09.000 --> 01:04:18.000]  They've got a retired judge. They've got a judge that they know can render bogus rulings and there's no recourse.
[01:04:18.000 --> 01:04:26.000]  You want a full-time elected judge who's subject to the people who elected him.
[01:04:26.000 --> 01:04:33.000]  The only time they appoint these judges is when they want to screw you.
[01:04:33.000 --> 01:04:35.000]  Interesting.
[01:04:35.000 --> 01:04:43.000]  So would you be at all concerned with two cases currently in the appeals court at the same time?
[01:04:43.000 --> 01:04:52.000]  Would you be at all concerned that either bar complaints or criminal charges would
[01:04:52.000 --> 01:04:58.000]  bias the appeals court against us trying to protect public officials from their misconduct?
[01:04:58.000 --> 01:05:08.000]  I couldn't imagine that happening because what's going to happen is the appeals court is not going to want you coming after them.
[01:05:08.000 --> 01:05:13.000]  Because if they're on the court of appeals, they want to get to the Supreme.
[01:05:13.000 --> 01:05:19.000]  And you start filing judicial conduct complaints against them?
[01:05:19.000 --> 01:05:22.000]  Were you ever in the military?
[01:05:22.000 --> 01:05:23.000]  No.
[01:05:23.000 --> 01:05:35.000]  In the military, I'm in Homestead, Florida, on an air base, and I had called the Inspector General on my NCOIC.
[01:05:35.000 --> 01:05:41.000]  And about two months later, the commander called a whole bunch of us into a meeting and he said,
[01:05:41.000 --> 01:05:56.000]  I need to show you something. I have 19 senior masters, all of them essentially the same time in grade, all of them essentially the same record.
[01:05:56.000 --> 01:06:01.000]  I have two line numbers for upgrade to chief master.
[01:06:01.000 --> 01:06:06.000]  Who am I going to give the promotions to?
[01:06:06.000 --> 01:06:12.000]  Oh, listen, over here, he had the IG called against him. He's out.
[01:06:12.000 --> 01:06:18.000]  What they're looking for is a reason to call these guys out.
[01:06:18.000 --> 01:06:26.000]  And if you've got a judicial conduct complaint against you and the other guy don't, you're a toast.
[01:06:26.000 --> 01:06:34.000]  And these judges know that and it doesn't make any difference if your complaint is valid or invalid.
[01:06:34.000 --> 01:06:40.000]  If this hurts them, they're not going to give you one clue that you heard them.
[01:06:40.000 --> 01:06:47.000]  They do not want you to know, but I guarantee you it stings them big time.
[01:06:47.000 --> 01:06:52.000]  If they're on their heels, they get two or three judicial conduct complaints.
[01:06:52.000 --> 01:06:55.000]  They're out of the running for the supreme.
[01:06:55.000 --> 01:06:57.000]  Not going to happen.
[01:06:57.000 --> 01:07:05.000]  When they run for office next time, they can expect their opponent to take these complaints out and wave them at the public.
[01:07:05.000 --> 01:07:09.000]  I've never seen one do that, but we have a case out of Chicago.
[01:07:09.000 --> 01:07:17.000]  Well, add the, what's his name, the actor, wrestler, governor of Minnesota.
[01:07:17.000 --> 01:07:24.000]  He's the one that got the case that said you can bring up the bad behavior of judges.
[01:07:24.000 --> 01:07:27.000]  So it's all politics.
[01:07:27.000 --> 01:07:29.000]  Love really doesn't matter much.
[01:07:29.000 --> 01:07:35.000]  You start stinging these guys, you start generating politics.
[01:07:35.000 --> 01:07:37.000]  They can't talk to you about it.
[01:07:37.000 --> 01:07:39.000]  They can't negotiate with you about it.
[01:07:39.000 --> 01:07:48.000]  The prosecuting attorneys, what will happen is you'll have a prosecutor drop off the case and bring in another one.
[01:07:48.000 --> 01:07:57.000]  And what's going to happen is the, the higher level prosecutors are out of here and they're going to send in the young guys
[01:07:57.000 --> 01:08:04.000]  because higher level guys don't want to get stung anymore because they're going to eventually get out of office, start their own practice.
[01:08:04.000 --> 01:08:11.000]  And if you've got three or four bar grievances against you, you can't get my practice insurance.
[01:08:11.000 --> 01:08:14.000]  This is, this really stings them.
[01:08:14.000 --> 01:08:18.000]  You start filing criminal charges against them.
[01:08:18.000 --> 01:08:26.000]  You're saying they're violating due process, due process violations of crime.
[01:08:26.000 --> 01:08:30.000]  They should be, they should be charged criminally.
[01:08:30.000 --> 01:08:39.000]  And that's, if you start filing criminal charges, you know, they pretty well figure the system's going to protect them.
[01:08:39.000 --> 01:08:48.000]  But the lawyers, especially prosecutors, know better than anybody how people get screwed in the system.
[01:08:48.000 --> 01:08:54.000]  And they're probably more afraid of the system than you are because they see people getting screwed every day.
[01:08:54.000 --> 01:08:58.000]  You start filing charges against them.
[01:08:58.000 --> 01:09:03.000]  You're creating the potential of dragging them in the system.
[01:09:03.000 --> 01:09:14.000]  If they just have some high level official that needs some political cannon fodder, you just gave it to them.
[01:09:14.000 --> 01:09:25.000]  I've got all the highest judges in Texas put in front of a grand jury over really minor nitpicking.
[01:09:25.000 --> 01:09:33.000]  Filed a habeas corpus, a motion for leave to file, then denied leave to file a habeas corpus.
[01:09:33.000 --> 01:09:35.000]  You kidding me?
[01:09:35.000 --> 01:09:37.000]  That's a great writ, writ of right.
[01:09:37.000 --> 01:09:43.000]  So I filed a criminal against them for denying leave to file, and they did that to everybody.
[01:09:43.000 --> 01:09:51.000]  I give it to the district attorney, took me a year of harassing him, and he finally gives it to the grand jury.
[01:09:51.000 --> 01:09:56.000]  Just before he retires.
[01:09:56.000 --> 01:10:01.000]  He's a Democrat, all 15 of those judges are Republicans.
[01:10:01.000 --> 01:10:04.000]  Had nothing to do with my complaint.
[01:10:04.000 --> 01:10:12.000]  I gave him political cannon fodder, and he tried to use it to take those judges out with him.
[01:10:12.000 --> 01:10:20.000]  If you file a habeas corpus with court of criminal appeals in Texas today, you're not going to hear any trash about a motion for leave to file.
[01:10:20.000 --> 01:10:24.000]  They've got that stuff out quickly.
[01:10:24.000 --> 01:10:31.000]  Telling you have power, and it's subtle, it's hidden.
[01:10:31.000 --> 01:10:35.000]  You file these, nobody's going to say anything.
[01:10:35.000 --> 01:10:37.000]  It's going to be like nothing happened.
[01:10:37.000 --> 01:10:39.000]  They're afraid to say anything.
[01:10:39.000 --> 01:10:44.000]  The last thing they want you to do is know how powerful it is, how much it hurt them.
[01:10:44.000 --> 01:10:50.000]  Hang on, about to go to a great, great account and get a lot of radio. We'll be right back.
[01:11:15.000 --> 01:11:22.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:11:22.000 --> 01:11:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:11:27.000 --> 01:11:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:11:32.000 --> 01:11:35.000]  Privacy, it's worth hanging on to.
[01:11:35.000 --> 01:11:42.000]  This public service announcement is brought to you by Starkpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:11:42.000 --> 01:11:49.000]  Around 100% of parents in the U.S. opt out of measles vaccines for their kids, according to the Centers for Disease Control.
[01:11:49.000 --> 01:11:53.000]  Don't worry about side effects, and others have religious or medical objections.
[01:11:53.000 --> 01:11:57.000]  But in the African nation of Malawi, there are no exceptions.
[01:11:57.000 --> 01:12:06.000]  Members of the Zion and Itumi churches found this out the hard way when police rounded up over 100 of their children at gunpoint and forced them to be vaccinated.
[01:12:06.000 --> 01:12:09.000]  In Malawi, holdouts go to jail.
[01:12:09.000 --> 01:12:15.000]  One father was sentenced to prison and two years hard labor because his religion forbids vaccines.
[01:12:15.000 --> 01:12:18.000]  Man, I'm glad to live in the land of the free.
[01:12:18.000 --> 01:12:22.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:12:30.000 --> 01:12:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:12:36.000 --> 01:12:38.000]  The government says that fire brought it down.
[01:12:38.000 --> 01:12:43.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:12:43.000 --> 01:12:49.000]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow first responders have died.
[01:12:49.000 --> 01:12:50.000]  I'm not a conspiracy theorist.
[01:12:50.000 --> 01:12:51.000]  I'm a structural engineer.
[01:12:51.000 --> 01:12:52.000]  I'm a New York City correction officer.
[01:12:52.000 --> 01:12:53.000]  I'm an Air Force pilot.
[01:12:53.000 --> 01:12:55.000]  I'm a father who lost his son.
[01:12:55.000 --> 01:12:58.000]  We're Americans, and we deserve the truth.
[01:12:58.000 --> 01:13:01.000]  Go to RememberBuilding7.org today.
[01:13:01.000 --> 01:13:03.000]  Hey, it's Danny here for Hill Country Home Improvements.
[01:13:03.000 --> 01:13:06.000]  Did your home receive hail or wind damage from the recent storms?
[01:13:06.000 --> 01:13:09.000]  Come on, we all know the government caused it with their chemtrails.
[01:13:09.000 --> 01:13:11.000]  But good luck getting them to pay for it.
[01:13:11.000 --> 01:13:14.000]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:13:14.000 --> 01:13:21.000]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
[01:13:21.000 --> 01:13:26.000]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with zero complaints.
[01:13:26.000 --> 01:13:32.000]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:13:32.000 --> 01:13:38.000]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:13:38.000 --> 01:13:45.000]  Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:13:45.000 --> 01:13:50.000]  So if those out-of-town roofers come knocking, your door should be locked in.
[01:13:50.000 --> 01:13:56.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:13:56.000 --> 01:13:58.000]  Discounts are based on full roof replacement.
[01:13:58.000 --> 01:14:02.000]  I mean, I actually be kidding about chemtrails.
[01:14:28.000 --> 01:14:33.000]  Okay, we are back. Randy Kelton with Logo Radio, and we're talking to Marshall Benny.
[01:14:33.000 --> 01:14:37.000]  And Marshall, I'm going to stop harping about that.
[01:14:37.000 --> 01:14:42.000]  I'm frustrated that you spent this much time dealing with these guys,
[01:14:42.000 --> 01:14:48.000]  and they're dragging you through the dirt and doing it with impunity.
[01:14:48.000 --> 01:14:54.000]  But, okay, what do you expect to happen now?
[01:14:54.000 --> 01:14:59.000]  Well, we final everything in the first cases in front of the appeals court.
[01:14:59.000 --> 01:15:06.000]  The last reply to the county's response is due next Thursday.
[01:15:06.000 --> 01:15:10.000]  So we're working on all that stuff, getting it all ready.
[01:15:10.000 --> 01:15:20.000]  And once that's in, then we can consider we'll have some time for several months to consider bar grievances and criminal charges.
[01:15:20.000 --> 01:15:25.000]  Because we'll have a couple of months before we get to oral arguments in the cases.
[01:15:25.000 --> 01:15:28.000]  Well, I may be able to help with that.
[01:15:28.000 --> 01:15:34.000]  I'm building a set of tools to automate the process.
[01:15:34.000 --> 01:15:42.000]  Apparently, you can take a PDF and merge it to a spreadsheet.
[01:15:42.000 --> 01:15:45.000]  So I'm building spreadsheets. We're just filling the information.
[01:15:45.000 --> 01:15:52.000]  The biggest problem with filling out these documents are all the technical things you have to fill out.
[01:15:52.000 --> 01:15:59.000]  So I build one of them, and like, one piece of information appears several times,
[01:15:59.000 --> 01:16:03.000]  like I'm building court documents, and your name appears at the top,
[01:16:03.000 --> 01:16:08.000]  and then it appears in the heading, and then it appears in the party section,
[01:16:08.000 --> 01:16:12.000]  and then it appears in the affirmation, and then in the acknowledgement,
[01:16:12.000 --> 01:16:18.000]  and then in the certificate of service. All these places, if you don't get everything right, they tend to kick it back.
[01:16:18.000 --> 01:16:23.000]  So I take the documents and set merge fields in it.
[01:16:23.000 --> 01:16:27.000]  So you put your name in once, and everywhere it goes, bang, it just drops it in there.
[01:16:27.000 --> 01:16:34.000]  So all you have to do is fill out the meat of your complaint,
[01:16:34.000 --> 01:16:41.000]  and open the document, and it merges everything in, and it's done.
[01:16:41.000 --> 01:16:49.000]  If it's a lot easier, even when I do a complaint, by the time I get through all this technical garbage,
[01:16:49.000 --> 01:16:56.000]  I'm so frustrated I kind of lose some of the fire of my complaint.
[01:16:56.000 --> 01:17:02.000]  So I'm trying to design some tools that will make this a whole lot easier.
[01:17:02.000 --> 01:17:10.000]  I'm actually building a set of tools where you just answer a lot of questions.
[01:17:10.000 --> 01:17:16.000]  Like what's your name, address, such and such. Did they do this? Did they do that?
[01:17:16.000 --> 01:17:23.000]  And if you say yes to this, it takes this document, puts this piece of information in it, spits it out.
[01:17:23.000 --> 01:17:32.000]  So that you spend less time on the technical details, and more time on the meat of the complaint.
[01:17:32.000 --> 01:17:43.000]  And if you let me know when you're ready, I will build you one of these for that purpose.
[01:17:43.000 --> 01:17:48.000]  It's just too distracting when you fill out complaints.
[01:17:48.000 --> 01:17:51.000]  So this will make it easier so you can just walk right through them.
[01:17:51.000 --> 01:17:54.000]  And criminal complaints, they're easy.
[01:17:54.000 --> 01:18:02.000]  And I have a format for those, and I have a whole way of doing that.
[01:18:02.000 --> 01:18:10.000]  It's one thing you need for your whole suit is a timeline.
[01:18:10.000 --> 01:18:15.000]  Not just the docket, but essentially everything that's happened.
[01:18:15.000 --> 01:18:22.000]  I generally feel if I got a suit like yours where it's been going a long time, you pull the docket from the court.
[01:18:22.000 --> 01:18:24.000]  And then you put that in a spreadsheet.
[01:18:24.000 --> 01:18:33.000]  And then you just go in between court happenings, and you put in all the details of things that matter in between.
[01:18:33.000 --> 01:18:37.000]  And it builds you a reference.
[01:18:37.000 --> 01:18:41.000]  You've got too many things going on here.
[01:18:41.000 --> 01:18:47.000]  And you have an emotional load to these because you've got a dog in this hunt.
[01:18:47.000 --> 01:19:01.000]  And every time you tell what went on, every detail that you didn't include sinks back in your memory and tends to fade out.
[01:19:01.000 --> 01:19:14.000]  You need to write a timeline and solidify all of that information so that you're meticulously consistent.
[01:19:14.000 --> 01:19:27.000]  And then you look at all of the things these lawyers did, and you try to come up with a story to explain their bad behavior.
[01:19:27.000 --> 01:19:32.000]  Then you go back to your timeline and turn it into a statement of facts.
[01:19:32.000 --> 01:19:48.000]  But you only include facts that would tend to lead a reasonable person of ordinary prudence to stitch these facts together in a way that would get them to come to the conclusion you want them to come.
[01:19:48.000 --> 01:19:51.000]  When I build a criminal complaint, this is how I do it.
[01:19:51.000 --> 01:19:55.000]  I start out by telling them, this is what I'm going to tell you.
[01:19:55.000 --> 01:19:57.000]  This is what I'm going to talk about.
[01:19:57.000 --> 01:20:00.000]  And then I put in a statement of facts.
[01:20:00.000 --> 01:20:05.000]  And the facts are designed so that you know where I'm going.
[01:20:05.000 --> 01:20:16.000]  And you're going to look at my facts and see how can I stitch these facts together to get to this place he's trying to get to.
[01:20:16.000 --> 01:20:29.000]  And if the reader can do that and can see how all these facts lead to this conclusion, then he's going to take more credence in my presentation.
[01:20:29.000 --> 01:20:37.000]  Then I go to my argument in support or my statement of factual accusation.
[01:20:37.000 --> 01:20:47.000]  Then I go down and put the reasoning in between these facts the same way I got him to do it when he stitched them together.
[01:20:47.000 --> 01:20:55.000]  And when he reads my analysis, if it matches what I got him to think in the first place, he's going to think I'm really smart.
[01:20:55.000 --> 01:20:58.000]  He's going to think I'm almost as smart as he is.
[01:20:58.000 --> 01:21:01.000]  You get a lot better read.
[01:21:01.000 --> 01:21:08.000]  If you want to do criminal complaints, see many mail will talk off the air.
[01:21:08.000 --> 01:21:18.000]  I've got a way to do this that makes them crazy because you hit them with minor sounding complaints.
[01:21:18.000 --> 01:21:29.000]  But you've crafted them in a way so you put in the first one and then the second one and then the third one and a picture starts to emerge.
[01:21:29.000 --> 01:21:34.000]  For the reader of these complaints, they'll begin to see a pattern coming together.
[01:21:34.000 --> 01:21:40.000]  They won't necessarily know that you deliberately structured that pattern.
[01:21:40.000 --> 01:21:43.000]  Does that make sense?
[01:21:43.000 --> 01:21:52.000]  Are you proposing to do it in time order or from least significant to most significant?
[01:21:52.000 --> 01:21:54.000]  No, in time.
[01:21:54.000 --> 01:21:57.000]  Not in either one of those.
[01:21:57.000 --> 01:22:02.000]  First, we come up with a reason why they're doing all of this.
[01:22:02.000 --> 01:22:08.000]  Why this county would be willing to spend a million and a half dollars fighting this issue.
[01:22:08.000 --> 01:22:17.000]  What lascivious purpose do they have they're not telling anybody about and they're stealing taxpayer money to get it done?
[01:22:17.000 --> 01:22:29.000]  Well, the rumor mill is that the value of the property around the gun club, which has become increasingly valuable over the years, as you might well guess,
[01:22:29.000 --> 01:22:38.000]  is going to climb very significantly if the gun club is closed permanently.
[01:22:38.000 --> 01:22:46.000]  So it's all about somebody making more money and you've spoken about a developer.
[01:22:46.000 --> 01:22:56.000]  Yeah, there's one major and a couple minor developers that have been leading up to these lawsuits buying up the land around the gun range.
[01:22:56.000 --> 01:23:06.000]  Okay, that makes for a good conspiracy theory.
[01:23:06.000 --> 01:23:13.000]  You don't actually accuse them, you just point in that direction and let your reader come to that conclusion.
[01:23:13.000 --> 01:23:17.000]  And then you sort your facts out that point in that direction.
[01:23:17.000 --> 01:23:21.000]  This is not about eliminating a nuisance.
[01:23:21.000 --> 01:23:25.000]  This is about stealing this property from the gun club.
[01:23:25.000 --> 01:23:44.000]  So that they can make a lot of money on it and they've used the local prosecutors and a million and a half dollar taxpayer money so that these developers can make a fortune on reselling this land.
[01:23:44.000 --> 01:23:48.000]  I don't know if that's true or not, but it makes a good story.
[01:23:48.000 --> 01:23:58.000]  Well, there is some evidence that's very suspicious along those lines. In fact, of course, the county commissioners are the ones that initiated the lawsuits.
[01:23:58.000 --> 01:24:11.000]  And one of the most recent commissioners to take office used to be a lawyer for the biggest developer around the gun club.
[01:24:11.000 --> 01:24:17.000]  Okay, he would be compromised.
[01:24:17.000 --> 01:24:26.000]  He's a patsy.
[01:24:26.000 --> 01:24:32.000]  You need a patsy. He may be absolutely above board, but he make a good patsy.
[01:24:32.000 --> 01:24:43.000]  But he come on too late. You need somebody that's associated that you can at least imply an association with these developers.
[01:24:43.000 --> 01:24:49.000]  We spoke to that early on. Okay, hang on. About to go to break.
[01:24:49.000 --> 01:25:00.000]  Randy Kelton, we'll be right back.
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[01:27:15.000 --> 01:27:33.000]  Okay, we are back. Randy Kelton with Logos Radio. And Marshall, if you want to explore the criminal side more, I've done this a long time and I've got pretty artful at it.
[01:27:33.000 --> 01:27:52.000]  We look at where the weakest place is and it's all about politics. How do we generate political pressure against the county commissioners court to make this lawsuit a political liability form?
[01:27:52.000 --> 01:27:59.000]  Hold on, I forgot to. Now go ahead. I'm sorry I didn't have you unmuted.
[01:27:59.000 --> 01:28:10.000]  Okay. Yeah, we're going to have to look into that after this. We're going to be busy for about another week getting the legal documents filed with the appeals court.
[01:28:10.000 --> 01:28:33.000]  But we've got to look into it and we want to be very careful and circumspect about how we do it. But we've some time ago passed into absurdity the number of lawyers that are not on our case that are aware of some of the misconduct that I will meet
[01:28:33.000 --> 01:28:48.000]  around town and will ask me about it and say, did that really happen? I said yes, but they can't do that. Well, the number of lawyers that have told me that the judge can't do that is turning into a really significant number at this point.
[01:28:48.000 --> 01:29:02.000]  That's why they have a retired judge. You can't hurt him. He's not going to run for office and there's nothing you can do to him. That's why they have him.
[01:29:02.000 --> 01:29:15.000]  So I would look at hammering him big time until it makes it look like this judge is absolutely totally corrupt.
[01:29:15.000 --> 01:29:25.000]  Let's talk about this. Once you get all of your other stuff done, then send me an email.
[01:29:25.000 --> 01:29:33.000]  I don't think I've got your email. It's randy at rule of law radio dot com.
[01:29:33.000 --> 01:29:37.000]  Okay. I'll drop your line.
[01:29:37.000 --> 01:29:51.000]  Okay. Thank you. We're on our last segment and so Boris has been holding from the beginning and we had some technical issues with Boris. Hello, Boris. What do you have for us?
[01:29:51.000 --> 01:30:04.000]  Okay. Hey, Randy. Well, I called last week about the list pendants put on my house and you referred me to the Texas Penal Code section 32.49.
[01:30:04.000 --> 01:30:10.000]  And so I don't know if you remember from last week.
[01:30:10.000 --> 01:30:12.000]  Yes, I do.
[01:30:12.000 --> 01:30:22.000]  Okay, great. Well, okay, Wednesday morning, I followed my first bar agreement, so I was quite the kind of fun to send that off in the mail.
[01:30:22.000 --> 01:30:36.000]  And so right now, then I'm writing a cease and desist letter for the, for this situation with the list pendants to get her to remove it.
[01:30:36.000 --> 01:30:52.000]  And so anyway, I've been looking at a bunch of different letters, just kind of seeing how they're all laid out. And they're pretty simple and all, but I kind of wanted to just kind of run that by you before I send that off.
[01:30:52.000 --> 01:30:55.000]  There are a couple of questions there.
[01:30:55.000 --> 01:31:14.000]  And one question I was going to ask is, part of the demand letter, I should include that I want to receive back that, you know, like once it's removed or if she does that, send back and writing that she has done that.
[01:31:14.000 --> 01:31:16.000]  That'll work.
[01:31:16.000 --> 01:31:27.000]  She's not compelled to give you that, but you can certainly ask for it. And then if you don't get it back, then that gives you reasonable cause to believe she didn't do it.
[01:31:27.000 --> 01:31:32.000]  But then all you have to do is go check the record to see if it was filed.
[01:31:32.000 --> 01:31:53.000]  Yeah. Well, I see that in some of those sample ones that I looked at online. I see that a lot of people have, you know, as part of their demand, a demand to write back and show, and show, you know, proof that they stopped doing whatever it is.
[01:31:53.000 --> 01:32:01.000]  And so I wanted to see if I should, you know, just include that. So you would recommend that.
[01:32:01.000 --> 01:32:12.000]  Yeah, there's nothing in law that would compel them to answer, but there's also nothing preventing you from asking or even demanding.
[01:32:12.000 --> 01:32:23.000]  It's just you have no legal recourse if they don't, but makes your letters sound more obnoxious and I'd like obnoxious.
[01:32:23.000 --> 01:32:31.000]  Okay. Okay, good. Well, yeah, I'll kind of go a little heavy handed there because I'm tired of messing with that whole thing, you know.
[01:32:31.000 --> 01:32:43.000]  I mean, not too bad, but that's it. Yeah, I mean, they're all a little bit different. Is there like a good handful of just the essential elements that I see that most of them have, you know, the name.
[01:32:43.000 --> 01:32:57.000]  Okay. Essential elements. Go to Texas Local Government Code 51901C.
[01:32:57.000 --> 01:33:03.000]  Okay, yes, yes. And I've been looking at that and I find that to be a little confusing.
[01:33:03.000 --> 01:33:09.000]  Right, but I didn't know exactly what you're talking about and I have that page right in front of me, in fact.
[01:33:09.000 --> 01:33:24.000]  Okay. Okay. For those of you who don't know, 51901C, it has a special definition of fraud and it says, now paraphrase, because it is a little confusing when you read it.
[01:33:24.000 --> 01:33:40.000]  Anyone files a document in the county registrar's office or in the real property records and the document is filed, that's filed, affects a claim against the real property.
[01:33:40.000 --> 01:33:53.000]  By a person who has nothing in the record to show that they have authority to file that, then the document is presumed to be fraudulent.
[01:33:53.000 --> 01:33:58.000]  That's a special definition of fraud.
[01:33:58.000 --> 01:34:06.000]  So that would be the conditions that you would need to be able to show that you meet in order to ask them.
[01:34:06.000 --> 01:34:26.000]  Okay, what Boris is talking about is 3249, 32.49 penta code. If someone has filed a document relating to real property and they have no authority to file that document,
[01:34:26.000 --> 01:34:34.000]  then if you ask them, if you order them to remove it, they've got six weeks to remove it. If they don't, it's a class A misdemeanor.
[01:34:34.000 --> 01:34:37.000]  Yeah, three weeks, 21 days.
[01:34:37.000 --> 01:34:51.000]  Yeah, so the way you get to 3249 is by way of 51901C, which defines the fraudulent nature of that filing.
[01:34:51.000 --> 01:35:05.000]  So you would say this document was filed, was fraudulent as the term is construed by 51901C. Therefore, remove this document.
[01:35:05.000 --> 01:35:11.000]  You have six weeks, or we will pursue criminal prosecution.
[01:35:11.000 --> 01:35:20.000]  So however you want to write that, you don't have to tell them you'll pursue, you just order them to remove it.
[01:35:20.000 --> 01:35:35.000]  Right, what I've seen on some of these is it'll say they'll give the violation and then maybe they'll send a copy of that.
[01:35:35.000 --> 01:35:46.000]  Okay, I don't do that anymore. It goes to one of my rules. Never give fair warning.
[01:35:46.000 --> 01:35:52.000]  I tell them what I want them to do. Let them look up the code.
[01:35:52.000 --> 01:36:02.000]  Because when they don't, six weeks and one day later, they get a criminal complaint to the district attorney.
[01:36:02.000 --> 01:36:08.000]  And the district attorney will explain the code to them.
[01:36:08.000 --> 01:36:13.000]  Now we've got their attention. They might pay attention to you and they might not.
[01:36:13.000 --> 01:36:19.000]  But when you take the complaint to the district attorney, the district attorney is going to give it to his investigator.
[01:36:19.000 --> 01:36:24.000]  And his investigator is going to call these guys and say, hey, what the heck is going on here?
[01:36:24.000 --> 01:36:29.000]  This guy wants me to come out and arrest you.
[01:36:29.000 --> 01:36:38.000]  And that'll get their attention a whole lot better than you telling them something, because they're not going to pay attention to you.
[01:36:38.000 --> 01:36:52.000]  And then when the first feedback they get is from a district, from an investigator for the district attorney's office, now you've got their attention.
[01:36:52.000 --> 01:36:59.000]  Right. So maybe I should just mention the code or just maybe just mention the code, not.
[01:36:59.000 --> 01:37:03.000]  You can. I don't mention the code at all.
[01:37:03.000 --> 01:37:13.000]  Oh, okay. When I requested a public official do something, I tell them what I want them to do.
[01:37:13.000 --> 01:37:17.000]  Well, this is the regular, this is the divorce attorney we're talking about.
[01:37:17.000 --> 01:37:30.000]  Yeah. I used to go in and give them all the codes and it got iffy because any time you start trying, giving them the codes, giving fair warning.
[01:37:30.000 --> 01:37:39.000]  Any time you try to give fair warning, the other party is going to treat that as a threat.
[01:37:39.000 --> 01:37:43.000]  He's going to say, are you threatening me with criminal charges?
[01:37:43.000 --> 01:37:46.000]  And I say, no, I'm not threatening you.
[01:37:46.000 --> 01:37:54.000]  This would have bailiff when he was going to give my complaints against the grand district attorney to the district attorney.
[01:37:54.000 --> 01:38:01.000]  I told him if you give those to the district attorney, I'll be here next month to file against you. Are you threatening me?
[01:38:01.000 --> 01:38:14.000]  No. I promise you I will be here with criminal charges against you, but I don't want to get in that argument.
[01:38:14.000 --> 01:38:18.000]  So now I don't give them fair warning.
[01:38:18.000 --> 01:38:21.000]  I tell them what I want them to do and then why they don't do it.
[01:38:21.000 --> 01:38:31.000]  Then I go to the one who would enforce the code that requires them to do it and I make my complaint to them.
[01:38:31.000 --> 01:38:34.000]  It's a lot more fun.
[01:38:34.000 --> 01:38:42.000]  Okay. So I don't even need to mention the code at all then.
[01:38:42.000 --> 01:38:46.000]  No, there's no need to. You're not compelled to give them legal advice.
[01:38:46.000 --> 01:38:50.000]  If they want legal advice, they go hire an attorney.
[01:38:50.000 --> 01:38:58.000]  If you don't have to give it to them, here you're asking them to do something that all commands them to do.
[01:38:58.000 --> 01:38:59.000]  Yeah, which is...
[01:38:59.000 --> 01:39:01.000]  You don't move them.
[01:39:01.000 --> 01:39:06.000]  Yes, they're duty learned to know the law and now yours to give it to them.
[01:39:06.000 --> 01:39:08.000]  Right. Okay. Okay.
[01:39:08.000 --> 01:39:12.000]  So yeah, that simplifies it even more than...
[01:39:12.000 --> 01:39:17.000]  Yeah, so I just leave out that part and then tell them that I want to remove it.
[01:39:17.000 --> 01:39:22.000]  Just in a pretty simple way in terms of just moving that.
[01:39:22.000 --> 01:39:25.000]  Okay. We are out of time.
[01:39:25.000 --> 01:39:28.000]  This is Randy Kelton, Brouve Law Radio.
[01:39:28.000 --> 01:39:34.000]  We'll be back next week on Eddie of the Hero on Monday with his traffic show.
[01:39:34.000 --> 01:39:37.000]  And we'll be back Thursday and Friday with our regular shows.
[01:39:37.000 --> 01:39:44.000]  Thank you all for listening and go to Logos Radio Network and make sure you contribute to Randy's beer fund.
[01:39:44.000 --> 01:39:47.000]  Thank you and good night.
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