ROL_2017-06-01_16k.timecode

[00:00.000 --> 00:07.520]  The following news flash is brought to you by The Lone Star Blowdown, provided you're
[00:07.520 --> 00:14.800]  telling bulletins for the commodities market, today in history, news updates, and the inside
[00:14.800 --> 00:23.240]  scoop into the tides of the alternative.
[00:23.240 --> 00:29.520]  Markets for Wednesday, the 31st of May, 2017, are currently trading with gold at $1,268.63
[00:29.520 --> 00:36.360]  cents an ounce, silver $17.32 an ounce, Texas Crude $49.66 a barrel, and Bitcoin is sitting
[00:36.360 --> 00:45.280]  at about $2,277 U.S. currency.
[00:45.280 --> 00:50.480]  Today in history, the year 1859, the clock tower at the House of Parliament, which houses
[00:50.480 --> 00:57.960]  Big Ben, starts keeping time today in history.
[00:57.960 --> 01:01.880]  In recent years, Ross Ulbricht, the alleged dread pirate Roberts, running the infamous
[01:01.880 --> 01:06.860]  Silk Road, a dark net bizarre or dark web eBay of sorts, for just about anything, lost his
[01:06.860 --> 01:11.580]  appeal in court today, Wednesday, when a federal appeals court rejected arguments by defense
[01:11.580 --> 01:16.320]  lawyers that Ulbricht was stripped of his constitutional right to a fair trial and given
[01:16.320 --> 01:17.520]  unreasonable punishment.
[01:17.520 --> 01:22.040]  Joshua Drotel, Ulbricht's lead defense attorney, was arguing that U.S. District Court Judge
[01:22.040 --> 01:26.400]  Catherine Forrest made numerous legal errors during the trial and brought up the rejection
[01:26.400 --> 01:31.440]  of a motion by the defense to suppress evidence of the internet traffic to Ulbricht home router
[01:31.440 --> 01:35.720]  that investigators obtained without a court-approved warrant, along with being improperly blocked
[01:35.720 --> 01:39.680]  from presenting evidence that a former secret service agent who happened to be investigating
[01:39.680 --> 01:44.040]  Silk Road was himself investigated for stealing Bitcoins off the dark web bizarre.
[01:44.040 --> 01:47.720]  The judges did rule, however, that quote, although we may not have imposed the same
[01:47.720 --> 01:53.280]  sentence ourselves on the facts of this case, a life sentence was within the range of permissible
[01:53.280 --> 01:59.040]  decisions.
[01:59.040 --> 02:03.520]  Uber and Lyft were back on Austin streets earlier this week, Monday, when Governor Greg
[02:03.520 --> 02:07.640]  Abbott signed a bill into law that puts the state, not local governments, in charge of
[02:07.640 --> 02:09.720]  regulating the ride-sharing industry.
[02:09.720 --> 02:14.520]  Uber spokesman Travis Considine said Thursday of last week, quote, Austin is an incubator
[02:14.520 --> 02:18.560]  for technology and entrepreneurship, and we're excited to be back in the mix.
[02:18.560 --> 02:21.720]  We know that we have a lot of work to do in the city, but we couldn't be more excited
[02:21.720 --> 02:22.800]  for the road ahead.
[02:22.800 --> 02:26.880]  The ride-sharing giants left Austin due to an ordinance that required fingerprint-based
[02:26.880 --> 02:31.520]  background checks to drivers, a variety of data reporting, and other requirements.
[02:31.520 --> 02:35.360]  The bill signed on Monday, however, only requires companies to be licensed by the state and
[02:35.360 --> 02:40.080]  pay an annual operations fee, along with local, state, and national criminal background checks,
[02:40.080 --> 02:42.320]  but fingerprints are not a requirement.
[02:42.320 --> 02:46.040]  Abbott tweeted that it was a regulation that trampled freedom and free enterprise.
[02:46.040 --> 02:50.520]  Texas joins more than 40 other states that have passed statewide ride-sharing regulations.
[02:50.520 --> 02:57.520]  This is Rick Rody with your lowdown for May 31, 2017.
[03:20.520 --> 03:27.520]  I'm Rick Rody with your lowdown for May 31, 2017.
[03:50.520 --> 04:13.760]  Okay, howdy, howdy, Randy Kelton, David Stevens, and Rule of Law Radio on this, the first day
[04:13.760 --> 04:29.400]  of June, 2017, and we've been yacking about the traffic website, the traffic ticket website.
[04:29.400 --> 04:37.480]  If all of my corrections on the documentation take, my programmer has been beating me up
[04:37.480 --> 04:44.360]  because we keep winding up with these little unexpected glitches.
[04:44.360 --> 04:50.760]  System wouldn't work because I had a hyperlink, and the hyperlink in the middle of it had a
[04:50.760 --> 04:56.280]  dollar sign, and that dollar sign was crashing the system.
[04:56.280 --> 05:04.080]  Really, this is how it always works when you develop something new.
[05:04.080 --> 05:13.360]  Not the major problems that holds you back so much is the pitter-patter of minor annoyances,
[05:13.360 --> 05:14.800]  but we are very close.
[05:14.800 --> 05:24.280]  If I have all of the corrections in the documentation, we should have this launched by Monday, and
[05:24.280 --> 05:34.040]  the more we look at it, the more likely this is to change everything.
[05:34.040 --> 05:35.040]  This is just traffic.
[05:35.040 --> 05:38.920]  I mean, it's just traffic tickets.
[05:38.920 --> 05:46.000]  You wouldn't think that it would change the world as we know it, but we've got six and
[05:46.000 --> 05:56.360]  a half million people who are thoroughly peed when they get a traffic ticket every year,
[05:56.360 --> 06:02.720]  and those of you who are listening to this show, you're already awake.
[06:02.720 --> 06:04.560]  You got it.
[06:04.560 --> 06:07.680]  That's why you're listening to this show.
[06:07.680 --> 06:16.320]  The reason we haven't fixed everything already is there's not that many of us.
[06:16.320 --> 06:24.440]  This traffic tool is likely to get a lot of people.
[06:24.440 --> 06:30.720]  We've got six and a half million people to send references to, and we're sending them
[06:30.720 --> 06:38.160]  these references to them when they've just been stung by someone in the system.
[06:38.160 --> 06:45.560]  Normally people go around and they never have anything to do with public officials or police
[06:45.560 --> 06:50.960]  or any of that kind of stuff until they get a traffic ticket, and they're annoyed.
[06:50.960 --> 06:57.720]  If you listen to the show, then you recognize that people, when they get accused of a crime
[06:57.720 --> 07:05.520]  they go to jail for, they're pretty well terrified, and justifiably so, because your
[07:05.520 --> 07:11.960]  liberty's at risk, but when you get a ticket, your liberty's not at risk.
[07:11.960 --> 07:14.440]  Your money's at risk.
[07:14.440 --> 07:18.960]  The money you were going to spend for that flat-screen TV, this chump judge is going
[07:18.960 --> 07:23.000]  to try to take away from you, so people who call in with tickets are really just kind
[07:23.000 --> 07:29.440]  of be owed, because they're being annoyed by the system, and if there's any time to
[07:29.440 --> 07:36.400]  help people wake up to what's really going on, it's when they get a ticket, because
[07:36.400 --> 07:39.840]  now they're paying attention.
[07:39.840 --> 07:49.240]  We could well create enough interest and understanding and recognition of the problem
[07:49.240 --> 07:55.080]  that we'll have enough people begin to look more closely at the system and we could change
[07:55.080 --> 07:56.080]  everything.
[07:56.080 --> 08:05.600]  And the more research I do on transportation code, the more outrageous it becomes.
[08:05.600 --> 08:13.840]  A municipality simply cannot enforce the Texas Transportation Code.
[08:13.840 --> 08:24.160]  It takes a while reading these codes sometimes to get what you're actually reading to sink
[08:24.160 --> 08:34.680]  in, especially when you have a lifetime of experience with the way things actually work.
[08:34.680 --> 08:42.680]  You keep tending to interpret things in the perspective of how things actually work, and
[08:42.680 --> 08:50.320]  it doesn't necessarily have anything to do with how the law says things are supposed
[08:50.320 --> 09:00.600]  to work, and especially in this case, we've been talking about how only certain officers
[09:00.600 --> 09:11.560]  are authorized under 4.13, 4.14 Texas Administrative Code, but in taking a closer look.
[09:11.560 --> 09:22.960]  The stuff we've been talking about where the sheriff can appoint a municipal officer to
[09:22.960 --> 09:28.840]  enforce the Transportation Code, it wasn't exactly right.
[09:28.840 --> 09:37.880]  The sheriff can appoint four deputies, or five deputies, and sometimes two more, and
[09:37.880 --> 09:46.200]  he can, of those five, one can be a municipal officer, but that's not to enforce the Transportation
[09:46.200 --> 09:54.000]  Code, but rather to do DOT inspections, and that's all.
[09:54.000 --> 10:05.280]  Five deputies in Texas, sheriff's deputies, can be engaged by the county commissioners
[10:05.280 --> 10:14.800]  court to enforce traffic, the Transportation Code, but they have to do that on motorcycles.
[10:14.800 --> 10:24.280]  701.103, they have to do it for motorcycles, so if you got a ticket by a sheriff's deputies,
[10:24.280 --> 10:30.760]  and that sheriff's deputies was in a patrol car, he cannot be one of these five officers,
[10:30.760 --> 10:38.880]  because the code specifically says they must be on a motorcycle, is that insane or what?
[10:38.880 --> 10:48.760]  I mean, it may be insane, but that's how it is, the law really says that, so the municipalities,
[10:48.760 --> 10:53.760]  they really want to enforce Transportation Code because you're not going to grant them
[10:53.760 --> 10:59.000]  enough taxes to do all the stuff they want to do.
[10:59.000 --> 11:05.760]  No problem, they just hire more police, send them out there to shake us down for, on the
[11:05.760 --> 11:10.760]  order of a billion and a half dollars a year, that's actually reported, it's not counting
[11:10.760 --> 11:15.880]  all the stuff that's not reported by these municipalities, they're just stealing from
[11:15.880 --> 11:17.520]  us.
[11:17.520 --> 11:22.200]  We don't need the Transportation Code, we have reckless endangerment that will take
[11:22.200 --> 11:27.840]  care of anything you do with that 3,000 pound piece of iron that creates a hazard for somebody
[11:27.840 --> 11:33.360]  else, and that would be prosecuted in the county court, and the municipality wouldn't
[11:33.360 --> 11:37.080]  make a dime off of it.
[11:37.080 --> 11:41.480]  This is all about the money, and we could get it all shut down.
[11:41.480 --> 11:47.280]  Well, that's my story, I'm sticking to it, and we should have it up and running by Monday
[11:47.280 --> 11:53.920]  or Tuesday, and we will start working these guys over, I'm going to go to the phones,
[11:53.920 --> 12:01.280]  we've got a full call board, let's go to Mark in Wisconsin, hello Mark, where have you been?
[12:01.280 --> 12:09.120]  Well, I've been working on making trouble for attorneys, as I've been taught by some experts
[12:09.120 --> 12:10.120]  to do.
[12:10.120 --> 12:13.800]  Wait a minute, I've just got a buzzing in the background.
[12:13.800 --> 12:20.560]  Oh, that was just the tea kettle, you should be talking now, so that was just letting me
[12:20.560 --> 12:23.120]  know that the water was hot enough.
[12:23.120 --> 12:28.000]  It sounded just like the tone we get when I run off the cliff.
[12:28.000 --> 12:33.160]  All right, so what I have is a couple of questions.
[12:33.160 --> 12:36.160]  The first one's going to be the easiest.
[12:36.160 --> 12:42.280]  I was not served in the case, but I became aware that I was subject to a case, so I showed
[12:42.280 --> 12:47.880]  up and I said I'm here by special periods, because of course we need to deal with the
[12:47.880 --> 12:51.680]  jurisdictional issue of me being served.
[12:51.680 --> 12:57.840]  So I get in front of the court commissioner, I'm not a judge, I'm just a commissioner,
[12:57.840 --> 12:59.760]  and the commissioner says you're here personally.
[12:59.760 --> 13:05.920]  I corrected him, he said it's here personally, I corrected him again, he said personally
[13:05.920 --> 13:10.520]  and I just went okay, fine, you know, we're just going to go back and forth on this, I'll
[13:10.520 --> 13:12.680]  just let that die right there.
[13:12.680 --> 13:19.240]  And of course since it's small claims, there is no record, so saying, you know, let the
[13:19.240 --> 13:24.160]  record show would have no bearing.
[13:24.160 --> 13:32.600]  Planning on the judicial conduct complaint, and since court commissioners go through not
[13:32.600 --> 13:41.200]  only the chief judge, but their funding is approved by the county board, I figured every
[13:41.200 --> 13:44.800]  county board member should be aware of what their fund is happening.
[13:44.800 --> 13:50.080]  And I'm doing that about right on the Makin' Waves department.
[13:50.080 --> 13:54.800]  That sounds like a little political exploitation.
[13:54.800 --> 13:56.800]  All right.
[13:56.800 --> 14:10.560]  Now, what has happened is I had a relationship with a consumer credit card and a bank, and
[14:10.560 --> 14:16.120]  one day I got a letter from them three to four years ago, maybe five, that said we're
[14:16.120 --> 14:22.360]  canceling your credit line, so I paid them off in full, we went our separate ways.
[14:22.360 --> 14:28.280]  I've since moved from the location where that card was sent, et cetera.
[14:28.280 --> 14:42.000]  Well, later on one day they apparently sent a check to PO Box and unsolicited credit offer,
[14:42.000 --> 14:48.000]  which would be inferior to TILA violation from the 1970s, and in fact sending unsolicited
[14:48.000 --> 14:55.120]  credit cards was the first amendment to TILA, as I understand.
[14:55.120 --> 15:04.480]  But they not honored the check, they could have been nailed for making a solicitation
[15:04.480 --> 15:07.120]  and then not backing it up.
[15:07.120 --> 15:12.280]  You have to, if you make a offer of a certain dollar amount, you have to meet that, and
[15:12.280 --> 15:14.680]  if you don't, that's a violation.
[15:14.680 --> 15:18.800]  And then of course there's a violation, apparently in the Fair Debt Collection and Billing Act,
[15:18.800 --> 15:25.520]  there's a separate act that's been prescribed later on that's called CARD Act, and apparently
[15:25.520 --> 15:30.920]  sending credit and issuing credit to somebody who isn't credit worthy is a violation of
[15:30.920 --> 15:31.920]  some kind.
[15:31.920 --> 15:39.240]  Not real sure on that one yet, the full details, but if my credit sucked three, four years
[15:39.240 --> 15:51.040]  ago for them to cancel, why was this CARD thing recreated without my permission?
[15:51.040 --> 15:53.040]  This wasn't Wells Fargo?
[15:53.040 --> 16:00.400]  No, no, this is a different bank, and it's happened after the Wells Fargo thing.
[16:00.400 --> 16:03.600]  This is all transpired after Wells Fargo.
[16:03.600 --> 16:11.640]  So I'm looking at this as possibly I get to be the tip of the spear on a Wells Fargo-esque
[16:11.640 --> 16:17.120]  kind of thing, because if they did it to me, likely other people have suffered the same
[16:17.120 --> 16:19.120]  thing.
[16:19.120 --> 16:30.520]  Now, the other tidbit is the attorneys suing me have been sued by the state of Minnesota
[16:30.520 --> 16:34.400]  and their lawsuit was good enough to get into the Wall Street Journal.
[16:34.400 --> 16:35.880]  Oh, wonderful.
[16:35.880 --> 16:36.880]  Hang on.
[16:36.880 --> 16:42.200]  About to go to break, Randy Kelton, Deborah Stevens, and Brutal Law Radio, I call in number
[16:42.200 --> 16:43.200]  512-646-1984.
[16:43.200 --> 16:49.240]  We've got to pull a call board tonight, so if you can't get through, wait till someone
[16:49.240 --> 16:53.120]  drops off, and then call back in.
[16:53.120 --> 16:54.120]  We'll be right back.
[16:54.120 --> 17:01.120]  Thanks, Cookie.
[17:01.120 --> 17:02.120]  Cookie?
[17:02.120 --> 17:03.120]  Me love cookies.
[17:03.120 --> 17:04.120]  Oh, hi, Cookie Munchers.
[17:04.120 --> 17:06.120]  No, these are yucky cookies.
[17:06.120 --> 17:07.120]  Cookie?
[17:07.120 --> 17:08.120]  Yucky?
[17:08.120 --> 17:09.120]  No, no bad cookies.
[17:09.120 --> 17:11.120]  You can't even eat these cookies.
[17:11.120 --> 17:12.120]  These are cyber cookies.
[17:12.120 --> 17:14.120]  No, can't eat.
[17:14.120 --> 17:17.120]  No, they are cyber cookies, and they clog up your computer.
[17:17.120 --> 17:18.120]  They have apples.
[17:18.120 --> 17:19.120]  Really?
[17:19.120 --> 17:21.120]  Oh, that's an actual apple.
[17:21.120 --> 17:22.120]  Yummy apple.
[17:22.120 --> 17:26.920]  I'm going to throw away these yucky cookies in the trash.
[17:26.920 --> 17:33.120]  I click control, shift, delete, and then scroll down to cookies and clear them.
[17:33.120 --> 17:34.620]  Bye-bye, yucky cookies.
[17:34.620 --> 17:40.320]  Now I go to logosradionetwork.com, and I click on the Amazon box on the upper right-hand
[17:40.320 --> 17:46.320]  side, bookmark the link, and I can go to Amazon through this link and order you some yummy
[17:46.320 --> 17:47.320]  new cookies.
[17:47.320 --> 17:48.320]  New cookies?
[17:48.320 --> 17:49.320]  For me?
[17:49.320 --> 17:51.120]  Consider it an early Christmas present.
[17:51.120 --> 17:56.120]  And every time I order on Amazon, I go through this link and I give a little present to this
[17:56.120 --> 17:57.120]  radio network too.
[17:57.120 --> 17:58.120]  These are cookies.
[17:58.120 --> 17:59.120]  These are classified.
[17:59.120 --> 18:08.120]  It's the 2017 Logos Radio Network Annual Fundraiser, sponsored by Central Texas Gunworks,
[18:08.120 --> 18:11.120]  Defense Distributed and Fat Sal Deli.
[18:11.120 --> 18:14.120]  Go to logosradionetwork.com and enter the win.
[18:14.120 --> 18:17.120]  Every $25 donation is a chance to win.
[18:17.120 --> 18:28.120]  That's logosradionetwork.com.
[18:28.120 --> 18:38.120]  Also, if you purchase Randy Kelton's e-book, Legal101, you get four chance to win.
[18:38.120 --> 18:43.120]  Every $25 donation is a chance to win, that's the LogosRadioNetwork.com
[18:43.120 --> 18:48.120]  Also, if you purchase Randy Kelton's e-book, Legal101, you get 4 chances to win
[18:48.120 --> 18:51.120]  Purchase Eddie Craig's traffic seminar, get 10 chances to win
[18:51.120 --> 18:55.120]  And remember, every $25 donation is a chance to win
[18:55.120 --> 19:11.120]  To LogosRadioNetwork.com for details and donate today
[19:26.120 --> 19:30.120]  Okay, we are back, Randy Kelton Debra Seabed is the ruler of the radio
[19:30.120 --> 19:32.120]  And we're talking to Mark and Wisconsin
[19:32.120 --> 19:38.120]  Okay Mark, you were having fun in games with debt collectors
[19:38.120 --> 19:45.120]  Yes, yes, so in the case of the judge and saying special appearance
[19:45.120 --> 19:50.120]  Was there any other way I should have handled that, or I did about as well as I was going to get
[19:50.120 --> 19:53.120]  Without getting myself tasered
[19:53.120 --> 20:01.120]  Yeah, I tend not to initiate too great a confrontation
[20:01.120 --> 20:03.120]  Once I've made my point, that's enough
[20:03.120 --> 20:07.120]  And it goes to the rule, never give fair warning
[20:07.120 --> 20:09.120]  Right
[20:09.120 --> 20:12.120]  Or never give legal advice either
[20:12.120 --> 20:18.120]  If you give legal advice at all, it's going to be construed as a threat
[20:18.120 --> 20:21.120]  I got a ticket a couple days ago
[20:21.120 --> 20:24.120]  In the county I live in
[20:24.120 --> 20:26.120]  Yeah, they did
[20:26.120 --> 20:29.120]  Well, he pulled me over
[20:29.120 --> 20:34.120]  He said my registration was expired
[20:34.120 --> 20:39.120]  So we've been out for two years, what's the problem?
[20:39.120 --> 20:42.120]  He went back to write the ticket
[20:42.120 --> 20:47.120]  And I called 911 and asked him to send somebody out to arrest him
[20:47.120 --> 20:51.120]  Well, the first thing he did was call him
[20:51.120 --> 20:55.120]  So when he came back with my ticket
[20:55.120 --> 21:01.120]  He was, I guess the right term is furious
[21:01.120 --> 21:08.120]  And I told him, it looks like you drew the short straw
[21:08.120 --> 21:12.120]  He said, should I take that as a threat?
[21:12.120 --> 21:15.120]  I said, no, you should shut your mouth
[21:15.120 --> 21:19.120]  Give me that ticket so I can sign it and you get the heck out of here
[21:19.120 --> 21:25.120]  He really, really should not have done that
[21:25.120 --> 21:33.120]  Because now I don't feel bad about rolling over him like a steamroller
[21:33.120 --> 21:37.120]  Why did I go there?
[21:37.120 --> 21:40.120]  I had a reason for going there and I haven't had much fun telling the story
[21:40.120 --> 21:44.120]  I forgot where I went there
[21:44.120 --> 21:48.120]  I had mentioned about giving that, you went to fair warning
[21:48.120 --> 21:51.120]  Never give fair warning, never give fair warning
[21:51.120 --> 21:56.120]  I said to him, looks like you drew the short straw
[21:56.120 --> 22:01.120]  And he said, should I take that as a threat?
[22:01.120 --> 22:04.120]  You can't say anything to these guys
[22:04.120 --> 22:10.120]  That they won't try to find a way to construe as a threat
[22:10.120 --> 22:18.120]  I am going to cram that down his throat, so far he's not going to believe it
[22:18.120 --> 22:26.120]  If I ever get into court with him, I'm going to ask the judge to make sure he's not armed
[22:26.120 --> 22:30.120]  This guy is so terrified of me
[22:30.120 --> 22:38.120]  When he wrote the tickets, I thought he was going to wet his drawers
[22:38.120 --> 22:42.120]  If you say anything to this guy, he is so terrified
[22:42.120 --> 22:48.120]  He's going to take anything I say in his courtroom as a threat against his life
[22:48.120 --> 22:51.120]  And he's likely to pull that pistol and shoot me
[22:51.120 --> 22:55.120]  So he'd take that pistol away from him
[22:55.120 --> 22:59.120]  I did that once in Bowie, Texas
[22:59.120 --> 23:05.120]  Called 911 and told him, I've got a sheriff deputy out here that is so terrified
[23:05.120 --> 23:09.120]  Of me, I'm afraid he's going to wet his britches
[23:09.120 --> 23:15.120]  But I'm concerned because he's got his hand on his pistol that he might shoot me before he wets himself
[23:15.120 --> 23:19.120]  Can you send somebody out here to get him under control?
[23:19.120 --> 23:23.120]  And this guy standing here with his hand on his pistol
[23:23.120 --> 23:31.120]  His jaw hanging down and this look on his face that says, I don't believe you just said that to my dispatcher
[23:31.120 --> 23:37.120]  And I did not laugh out loud right in his face
[23:37.120 --> 23:41.120]  But it was a struggle
[23:41.120 --> 23:45.120]  Anyway, never give fair warning
[23:45.120 --> 23:48.120]  They will always interpret it
[23:48.120 --> 23:53.120]  It is their job to interpret anything you say as a threat
[23:53.120 --> 23:58.120]  That's my story and I'm sticking to it
[23:58.120 --> 24:01.120]  That's a good story
[24:01.120 --> 24:12.120]  So the biggest problem I have right now with, you know, now trying to figure out ways in which to deal with these attorneys
[24:12.120 --> 24:21.120]  I noticed that in these complaints that they have filed with him in the federal or in the other state
[24:21.120 --> 24:27.120]  And their process seems to be, they work hard to get the default judgment
[24:27.120 --> 24:32.120]  And then they go for the garnishments because of course if they can't contact the person
[24:32.120 --> 24:36.120]  And the person is uncontactable in some way, shape, or form
[24:36.120 --> 24:42.120]  The garnishments are, you can't file anything to say, I can't be garnished because
[24:42.120 --> 24:49.120]  Now what they did, they created a fictitious address for me
[24:49.120 --> 24:59.120]  They melded the P.O. box and the P.O. box zip code with a house that ten had electricity hooked up to it since 2004
[24:59.120 --> 25:02.120]  And claimed that they couldn't get me served there
[25:02.120 --> 25:07.120]  But of course I wasn't there
[25:07.120 --> 25:14.120]  They have a series of these default judgments in other cases
[25:14.120 --> 25:21.120]  And many of them have no record that there was any attempt to service or publication
[25:21.120 --> 25:26.120]  Or anything else that the code requires
[25:26.120 --> 25:29.120]  I don't know what they would have done in my case
[25:29.120 --> 25:31.120]  I didn't let it get that far
[25:31.120 --> 25:35.120]  This sounds like a private attorney general suit
[25:35.120 --> 25:39.120]  Eventually this can get there
[25:39.120 --> 25:52.120]  They are making a claim that they have not filed any paperwork to say they are actually the attorney for a bank
[25:52.120 --> 25:57.120]  They just say a name which sounds like a bank
[25:57.120 --> 26:12.120]  And it says name, bank, perenn, USA, end period, they close the perenn on the USA and then they have end period A period
[26:12.120 --> 26:16.120]  I have no idea what end period A period is supposed to mean legally
[26:16.120 --> 26:20.120]  It is supposed to mean national association
[26:20.120 --> 26:27.120]  That means that they don't fall under the regulation of the states, they only fall under the regulation of the federal government
[26:27.120 --> 26:31.120]  But you need to check to see if they actually are a national association
[26:31.120 --> 26:35.120]  Because generally only the major banks are national associations
[26:35.120 --> 26:39.120]  And they would fall as a major bank
[26:39.120 --> 26:46.120]  Because I went looking for them in the states and I couldn't find them in either my state or the state that the attorneys are in
[26:46.120 --> 26:57.120]  They also list the attorney's office as the place for this national association
[26:57.120 --> 27:00.120]  Which that doesn't make sense to me
[27:00.120 --> 27:08.120]  My understanding of the address that you entered is supposed to be the address where you have your paper served
[27:08.120 --> 27:13.120]  Now of course because it can have them served as a lawyer that's a way for a dodge
[27:13.120 --> 27:19.120]  But I don't know these people and I don't know them
[27:19.120 --> 27:21.120]  You need to look them up
[27:21.120 --> 27:34.120]  Because we see national associations but they are like Deutsche Bank, Wells Fargo, Citibank, these big banks are national associations as well
[27:34.120 --> 27:38.120]  Even small banks tend not to be national associations
[27:38.120 --> 27:42.120]  They may just be using an E&A that doesn't mean national association
[27:42.120 --> 27:47.120]  But only looks like it means national association
[27:47.120 --> 27:52.120]  You might check to make sure they're...
[27:52.120 --> 28:00.120]  Because some of their filings in other cases in other counties don't have that E&A
[28:00.120 --> 28:06.120]  So they're not consistent with their filing
[28:06.120 --> 28:09.120]  That would be interesting
[28:09.120 --> 28:13.120]  Are they filing in state cases?
[28:13.120 --> 28:21.120]  Yes, this Minnesota law firm has a Wisconsin registered lawyer
[28:21.120 --> 28:26.120]  Works out of one of the biggest county in the state
[28:26.120 --> 28:31.120]  And they're filing all across the state with this one attorney being the attorney of record
[28:31.120 --> 28:37.120]  And what they appear to be doing is he gets dropped in when they have a trouble
[28:37.120 --> 28:42.120]  Otherwise they have other individuals representing them
[28:42.120 --> 28:48.120]  And when I went to do this interaction with these people
[28:48.120 --> 28:53.120]  The main attorney is a 51-year-old male
[28:53.120 --> 28:59.120]  The attorney who showed up in my case appeared to be 25 to 28 female and pregnant
[28:59.120 --> 29:03.120]  So either they just have other attorneys doing it
[29:03.120 --> 29:10.120]  Or they've done a whole heck of a lot with sex transitioning that I was unaware of
[29:10.120 --> 29:12.120]  If you look young
[29:12.120 --> 29:18.120]  Yeah, good chance this person just got her bar card
[29:18.120 --> 29:22.120]  And she's desperate for work and doing any stupid thing they tell her to
[29:22.120 --> 29:27.120]  Hang on, Randy Kelton, Debra Steeves, the radio
[29:27.120 --> 29:31.120]  Call it number 512-646-1984
[29:31.120 --> 29:34.120]  We'll be right back
[29:34.120 --> 29:37.120]  Actually we've got 25 more seconds, but kind of earned us here
[29:37.120 --> 29:42.120]  So it's a good time to go to Logos Radio Network and check out our fundraiser
[29:42.120 --> 29:45.120]  We're still trying to raise some funds, we're not doing too good this year
[29:45.120 --> 29:51.120]  We can sure use some help to upgrade some of our equipment that Deb's been working on
[29:51.120 --> 29:55.120]  So if you have a few extra bucks we can sure use it
[29:55.120 --> 30:01.120]  We'll be right back
[30:01.120 --> 30:03.120]  Forget a penny for your thoughts
[30:03.120 --> 30:07.120]  The Pentagon is spending millions to develop artificial telepathy
[30:07.120 --> 30:10.120]  I'll admit there may be military advantages to reading minds
[30:10.120 --> 30:12.120]  But what does it mean for privacy?
[30:12.120 --> 30:16.120]  I'm Dr. Catherine Albrecht and I'll tell you more in just a moment
[30:16.120 --> 30:18.120]  Privacy is under attack
[30:18.120 --> 30:21.120]  When you give up data about yourself you'll never get it back again
[30:21.120 --> 30:26.120]  And once your privacy is gone you'll find your freedoms will start to vanish too
[30:26.120 --> 30:31.120]  So protect your rights, say no to surveillance and keep your information to yourself
[30:31.120 --> 30:34.120]  Privacy, it's worth hanging on to
[30:34.120 --> 30:38.120]  This public service announcement is brought to you by StartPage.com
[30:38.120 --> 30:42.120]  The private search engine alternative to Google, Yahoo and Bing
[30:42.120 --> 30:45.120]  Start over with StartPage
[30:45.120 --> 30:50.120]  As a liberty-loving citizen I'm often dismayed at how the government treats our privacy
[30:50.120 --> 30:54.120]  But I've found solace in the freedom of my thoughts, at least so far
[30:54.120 --> 30:58.120]  Discover Magazine reports the U.S. Army is developing a thought helmet
[30:58.120 --> 31:01.120]  That can read minds using artificial telepathy
[31:01.120 --> 31:06.120]  The stated goal is to allow silent battlefield communications between soldiers
[31:06.120 --> 31:09.120]  Trouble is if it works for the military you can be sure
[31:09.120 --> 31:13.120]  It's just a matter of time before regular people will be required to strap on a helmet
[31:13.120 --> 31:16.120]  And submit our thoughts to inspection too
[31:16.120 --> 31:19.120]  After all, what's the problem if you have nothing to hide?
[31:19.120 --> 31:23.120]  I'm Dr. Catherine Albrecht, urging you to speak up and resist invasive technologies
[31:23.120 --> 31:49.120]  More news and information at CatherineAlbrecht.com
[31:53.120 --> 31:58.120]  910-4367 and see what our powder seeds and oil can do for you
[31:58.120 --> 32:26.120]  Only at SinceUSA.org
[32:26.120 --> 32:29.120]  Former Sheriff's Deputy A. Craig, in conjunction with Rule of Law Radio
[32:29.120 --> 32:31.120]  Has put together the most comprehensive teaching tool available
[32:31.120 --> 32:35.120]  That will help you understand what due process is and how to hold reports to the Rule of Law
[32:35.120 --> 32:39.120]  You can get your own copy of this invaluable material by going to RuleofLawRadio.com
[32:39.120 --> 32:41.120]  And ordering your copy today
[32:41.120 --> 32:44.120]  By ordering now you'll receive a copy of Eddie's book, The Texas Transportation Code
[32:44.120 --> 32:46.120]  The Law vs. the Lie
[32:46.120 --> 32:48.120]  Video and audio of the original 2009 seminar
[32:48.120 --> 32:51.120]  Hundreds of research documents and other useful resource material
[32:51.120 --> 32:55.120]  Learn how to fight for your rights with the help of this material from RuleofLawRadio.com
[32:55.120 --> 33:02.120]  Order your copy today and together we can have free society we all want and deserve
[33:02.120 --> 33:12.120]  Live free speech radio, LogosRadioNetwork.com
[33:12.120 --> 33:35.120]  The Law vs. the Lie
[33:35.120 --> 33:51.120]  The Law vs. the Lie
[33:51.120 --> 33:55.120]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio
[33:55.120 --> 33:58.120]  And we're talking to Mark and Wes Johnson
[33:58.120 --> 34:04.120]  Who's having too much fun beating up these poor, helpless debt collectors
[34:04.120 --> 34:09.120]  Well, I think you might be able to help me have just a little bit more fun with that
[34:09.120 --> 34:12.120]  National Association comment
[34:12.120 --> 34:18.120]  So, if the National Association is how they are coming to the Wisconsin court
[34:18.120 --> 34:23.120]  Saying we were National Association and we're under the federal rules
[34:23.120 --> 34:28.120]  I didn't think I could bring in the TILA violation
[34:28.120 --> 34:30.120]  Because that's a federal law
[34:30.120 --> 34:36.120]  And of course federal law and state law, you know, you can't normally mix them
[34:36.120 --> 34:40.120]  You normally try to find the equivalent state law
[34:40.120 --> 34:44.120]  Wait a minute, they're a National Association
[34:44.120 --> 34:50.120]  They can't, they don't have standing to invoke the state court
[34:50.120 --> 34:56.120]  Well, that was the point I was also getting towards is thinking
[34:56.120 --> 35:05.120]  Remember when Utah, a Utah judge threw Bank of America out of Utah
[35:05.120 --> 35:09.120]  Because they weren't registered to do business in Utah
[35:09.120 --> 35:14.120]  And a couple days later the feds come back and said, no, no, no, you can't do that
[35:14.120 --> 35:16.120]  They're a National Association
[35:16.120 --> 35:19.120]  They don't have to register in your state
[35:19.120 --> 35:22.120]  They can do business in your state if they want to
[35:22.120 --> 35:25.120]  And you don't have anything to say about it
[35:25.120 --> 35:34.120]  On the other hand, they cannot come to the state and seek remedy in the state courts
[35:34.120 --> 35:38.120]  This is a National Association, they have to go to the federal courts
[35:38.120 --> 35:42.120]  Okay, wonderful, wonderful
[35:42.120 --> 35:49.120]  So I've got them then on the bogosity of the address in which you're trying to serve
[35:49.120 --> 35:54.120]  Wait a minute, did you say bogacity?
[35:54.120 --> 35:57.120]  Bogosity, yes, as in others bogus
[35:57.120 --> 36:00.120]  I'm going to have to write that word down and remember it
[36:00.120 --> 36:01.120]  Okay, go ahead
[36:01.120 --> 36:07.120]  All right, so we've got the bogusness of their fake address
[36:07.120 --> 36:10.120]  I called it nonsensical in my filings
[36:10.120 --> 36:16.120]  I've got a second thing that I was going with on them
[36:16.120 --> 36:18.120]  And I don't remember what it is right now
[36:18.120 --> 36:25.120]  But now I can add that they are approaching the court as a National Association
[36:25.120 --> 36:29.120]  And therefore have no standing
[36:29.120 --> 36:30.120]  Good
[36:30.120 --> 36:36.120]  You need to check to see if they're registered to do business in the state
[36:36.120 --> 36:40.120]  As far as I looked in the banking
[36:40.120 --> 36:46.120]  And I can find no reference to that company name with the banks
[36:46.120 --> 36:53.120]  And the states, there is no match to name bank, Korean USA
[36:53.120 --> 36:58.120]  In fact, there is no name bank
[36:58.120 --> 37:06.120]  Okay, if you are a business and you are not registered to do business in the state
[37:06.120 --> 37:12.120]  You cannot avail yourself of a state remedy, period
[37:12.120 --> 37:19.120]  Okay, and I had that fight back in when I first started calling you back in 2012
[37:19.120 --> 37:23.120]  And was bringing exactly that issue up
[37:23.120 --> 37:29.120]  As part of my attack in that other small claims court case
[37:29.120 --> 37:34.120]  That helped bring me to the place I am today
[37:34.120 --> 37:38.120]  So I'm familiar with it, good
[37:38.120 --> 37:41.120]  Didn't you watch the floor with them in that one?
[37:41.120 --> 37:43.120]  I did, I did
[37:43.120 --> 37:50.120]  And my reputation was good enough that when other attorneys, I would say
[37:50.120 --> 37:56.120]  Call this attorney, after they would call that attorney, they'd drop rather than deal with me
[37:56.120 --> 38:03.120]  These people are unaware of that new domain name that I'm using for email
[38:03.120 --> 38:08.120]  That I've told you privately, which I thought you'd got a chuckle out of
[38:08.120 --> 38:12.120]  So we'll see what their reaction is to that
[38:12.120 --> 38:17.120]  Yeah, yeah
[38:17.120 --> 38:23.120]  The chief judge, I dropped that on the chief judge for the county
[38:23.120 --> 38:26.120]  And the chief judge stopped talking to me
[38:26.120 --> 38:32.120]  Well, I'm not surprised
[38:32.120 --> 38:37.120]  The last thing they want is somebody knows what they're doing
[38:37.120 --> 38:40.120]  Right
[38:40.120 --> 38:43.120]  All right, well, it's a very productive call for me
[38:43.120 --> 38:47.120]  Before, one other thing, send me an email
[38:47.120 --> 38:51.120]  I want to talk to you about traffic in Wisconsin
[38:51.120 --> 38:54.120]  Okay, I do have some good stuff
[38:54.120 --> 39:00.120]  There is an entire twist with bicycles in Wisconsin
[39:00.120 --> 39:05.120]  And I've spent a bit of time looking at the bicycles laws in Wisconsin
[39:05.120 --> 39:10.120]  So I've got a couple of things there, so people are looking to create a fight
[39:10.120 --> 39:14.120]  There's ways of doing it with bicycles
[39:14.120 --> 39:23.120]  Well, I'm looking to use the traffic issue to get the attention of the masses
[39:23.120 --> 39:28.120]  The people who are normally distracted and have other things going on
[39:28.120 --> 39:31.120]  When they get a ticket, now we've got their attention
[39:31.120 --> 39:34.120]  Now's a good time to wake them up
[39:34.120 --> 39:41.120]  We've got 6.6 million a year in Texas
[39:41.120 --> 39:46.120]  How many you got in Wisconsin?
[39:46.120 --> 39:53.120]  I have no idea, but measure for justice.org site
[39:53.120 --> 39:57.120]  They didn't talk about traffic, they just talked about misdemeanors
[39:57.120 --> 40:00.120]  And I don't remember what the number is
[40:00.120 --> 40:06.120]  I'm beginning to think that traffic is the key
[40:06.120 --> 40:12.120]  You've listened to this show, you hear people call in and they've been charged with a crime they can go to jail for
[40:12.120 --> 40:17.120]  They're terrified, and rightly so
[40:17.120 --> 40:21.120]  They call in with a ticket and they are PO'd
[40:21.120 --> 40:25.120]  They're not terrified of going to jail, they're PO'd because they're taking their money
[40:25.120 --> 40:30.120]  This is a time to get to people, this is a time to go to people and say, look
[40:30.120 --> 40:34.120]  Traffic enforcement is not about safety
[40:34.120 --> 40:42.120]  It's about dollar flow, they're just trying to reach in your pocket and draw tax money from you that you wouldn't approve
[40:42.120 --> 40:49.120]  This municipality has all of these things they want to do, but they can't tax you enough to get it done
[40:49.120 --> 40:57.120]  That's how a few more cops send them out on the road and have them ticket you and they steal the money from you that way
[40:57.120 --> 41:03.120]  And when people have just gotten a ticket, they're in a mood to listen to that
[41:03.120 --> 41:13.120]  We may get a lot more people beginning to recognize the problem and that's what it's going to take to get this whole thing fixed
[41:13.120 --> 41:17.120]  We could bring them all down
[41:17.120 --> 41:22.120]  Well, one can only hope
[41:22.120 --> 41:32.120]  Alright, I will contact you separately, as I said, the NA thing was very helpful
[41:32.120 --> 41:38.120]  And of course, just to put it in plugs, people should re-listen
[41:38.120 --> 41:44.120]  Or if they're new to the show, go listen to the archives with Attorney Graves
[41:44.120 --> 41:51.120]  Because Graves drives home the idea, read what the rules are, understand the rules and you can hang them
[41:51.120 --> 41:58.120]  And for the Michael Muiris method, that's what he did and that's what makes his methodology work
[41:58.120 --> 42:05.120]  And so if you've got a credit card or a debt issue, look at what Muiris has to say
[42:05.120 --> 42:08.120]  Thank you, thank you
[42:08.120 --> 42:10.120]  Okay, thank you, Mark
[42:10.120 --> 42:15.120]  Okay, now we're going to go to Scott in Texas
[42:15.120 --> 42:17.120]  Hello, Scott
[42:17.120 --> 42:19.120]  Howdy, howdy
[42:19.120 --> 42:23.120]  Well, you got some pretty good information
[42:23.120 --> 42:34.120]  I sent you the 552 request that I got back from the DPS on the municipal cops that are able to enforce traffic in the state of Texas
[42:34.120 --> 42:36.120]  Did you see that?
[42:36.120 --> 42:40.120]  I saw that, but I have been doing some research
[42:40.120 --> 42:46.120]  And in fact, they are not authorized to enforce traffic in Texas
[42:46.120 --> 42:52.120]  What they are authorized to do are DOT inspections
[42:52.120 --> 42:58.120]  And that's it, they're not authorized to generally enforce the transportation code
[42:58.120 --> 43:10.120]  This is under 4.13, 4.14 Texas administrative code and 644.001 text transportation code
[43:10.120 --> 43:14.120]  And this only goes to inspecting commercial vehicles
[43:14.120 --> 43:21.120]  701.101 authorizes the sheriff to a.5 debt
[43:21.120 --> 43:23.120]  I'm sorry, that's not right
[43:23.120 --> 43:41.120]  701.101 authorizes the county commissioners court to engage 5 sheriff's deputies to enforce the transportation code
[43:41.120 --> 43:49.120]  701.103 says they must enforce from a motorcycle
[43:49.120 --> 43:51.120]  Can you explain?
[43:51.120 --> 43:58.120]  Nothing about municipal officers doing general enforcement, period
[43:58.120 --> 44:00.120]  That's for story next
[44:00.120 --> 44:06.120]  Hello, my name is Stuart Smith from naturespureorganics.com
[44:06.120 --> 44:12.120]  And I would like to invite you to come by our store at 1904 Waterloo Street Sweet D here in Austin, Texas
[44:12.120 --> 44:14.120]  Find brave new books and chase things
[44:14.120 --> 44:18.120]  To see all our fantastic health and wellness products with your very own eyes
[44:18.120 --> 44:22.120]  Have a look at our miracle healing clay that started our adventure in alternative medicine
[44:22.120 --> 44:30.120]  Take a peek at some of our other wonderful products including our all shallot and emu oil, lotion candles, olive oil soaps and colloidal silver and gold
[44:30.120 --> 44:37.120]  Call 512-264-4043 or find us online at naturespureorganics.com
[44:37.120 --> 44:43.120]  That's 512-264-4043 naturespureorganics.com
[44:43.120 --> 44:47.120]  Don't forget to like us on Facebook for information on events and our products
[44:47.120 --> 44:49.120]  naturespureorganics.com
[45:17.120 --> 45:19.120]  Know what your lawyer should be doing
[45:19.120 --> 45:23.120]  If you don't have a lawyer, know what you should do for yourself
[45:23.120 --> 45:26.120]  Thousands have won with our step by step course
[45:26.120 --> 45:28.120]  And now you can too
[45:28.120 --> 45:34.120]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience
[45:34.120 --> 45:43.120]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts
[45:43.120 --> 45:52.120]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics and much more
[45:52.120 --> 46:14.120]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ
[46:14.120 --> 46:26.120]  If you did not have any problems, where are you going to look for one? If you could not wait any back too long, what would your purpose has to be done?
[46:26.120 --> 46:32.120]  Start to stand among the soldier or warrior or club, scuffle and they'll keep the peace
[46:32.120 --> 46:40.120]  All they're taking is an misunderstanding and somebody calls the police and watches the spotlight
[46:40.120 --> 46:53.120]  Watching the spotlight
[46:53.120 --> 47:01.120]  Okay, we are back. Randy Kelton, Deborah Stevens of Rule of Law Radio and we're talking to Scott in Texas. Okay, Scott, go ahead
[47:01.120 --> 47:13.120]  Okay, well, that's even better. There's only 245 municipal cops in the whole state of Texas that can even do DOT inspection, so you got to love it
[47:13.120 --> 47:37.120]  I looked at your list and in fact there are not that many. The ones that are listed, what the code says is the sheriff can appoint five, one of which can be a municipal officer
[47:37.120 --> 47:45.120]  So I'm looking at municipalities that's got a number of them, Hillsboro. Hillsboro had three or four
[47:45.120 --> 48:07.120]  Hillsboro is a wide spot in the road right after I-35E and W come together. There's this little wide spot in the road. If you shops and restaurants on each side of the road and poof, it's gone. They had three or four
[48:07.120 --> 48:25.120]  Well, under the code, you only have one. Now, maybe they got three or four because only one's enforcing at a time, but that's not the way the code reads. You can only have one, period. This is insane
[48:25.120 --> 48:40.120]  I know Garland is the 10th largest city in Texas, but it only had one on it in Garland, so I was thinking, okay, there's only one in Garland that could even do that, so that was pretty interesting
[48:40.120 --> 49:02.120]  But to get on to talking about the electronic lawyer, I did a video on my YouTube channel, Staffy Radio, and I just titled it Stop Paying Traffic Tickets Legally. I posted it yesterday or actually May 30th, 830 at night
[49:02.120 --> 49:15.120]  So it really was only up for about one day and it's already up to 175 views, 19 thumbs up and two thumbs down. They must be cops
[49:15.120 --> 49:43.120]  They probably are. I suspect the cops are listing. Once we launch this thing, we will be, you know, the municipalities create lists for lawyers. They list all of the people who got tickets in their contact information so the lawyer can solicit them for business
[49:43.120 --> 50:03.120]  Well, we're getting those lists. Potentially we have over six million. We're going to wake up a lot of folks. The more I look at it, the more excited I get, especially when they see how insane this is
[50:03.120 --> 50:24.120]  I got pulled over by a Wise County Sheriff's Deputy. Now the dispatcher would have told him not to write me a ticket. The last time I got pulled over in Wise County, several years ago, I was pulling a goose neck trailer that had plates that had been expired for two years
[50:24.120 --> 50:38.120]  I was doing 70 out of 60 and this Sheriff's Deputy pulled me over, checked everything out, took my license, come back, wrote me a warning, told me to slow down and get that license taken care of
[50:38.120 --> 50:54.120]  Next morning, I went into the pit stop across the street and Bobby Jack Cruz said, would you do that Sheriff's Deputy? I didn't do anything to him. Why? He called the dispatcher because Bobby Jack listens to the police calls
[50:54.120 --> 51:14.120]  And the dispatcher come back and said, don't you write that SOB no ticket. You give him his license and get him out of there. So they had told this one that, but as soon as he took my license and walked back to his cruiser, I took out my cell phone and dialed 911
[51:14.120 --> 51:38.120]  And asked the dispatcher to send an officer out to arrest him. Oh, that was so much fun. Then I had two cruisers behind him. The officer that was a dispatch never made it, but it seems that when they do a traffic stop that ever caught in the neighborhood shows up
[51:38.120 --> 52:00.120]  And their problem was one of them was Brody Brown. Brody Brown knows exactly who I am. Brody Brown is the one that when I knocked on the city of Boyd Police Department door, he opened it
[52:00.120 --> 52:14.120]  And he said, what can I do for you, Mr. Kelton? And I said, well, James Staten, the county attorney just threw your boss under the bus and I'm here to run him over with it
[52:14.120 --> 52:30.120]  And Brody said, you mind if I watch? He said, that'd be great. So I'm chewing on the chief and Brody's sitting back there greening and chuckling. The chief finally turned to him and said, don't you have something else to do?
[52:30.120 --> 52:52.120]  Brody said, no. So I'm sure he told these guys who it was. He knew about Robert Davis. Robert Davis was a police officer indicator and found me in the hardware store in Boyd.
[52:52.120 --> 53:12.120]  He didn't tell me who referred him to me. He never did tell me. They're trying to fire him because he's one of us. The city indicator was and we took him on. The Texas Ranger was part of it and we wiped the floor with him.
[53:12.120 --> 53:36.120]  Now he's our county sheriff. Perfect. But Brody Brown knew him and this is a cop that helped keep his job. He still was city indicator. They couldn't get rid of him. They said he accused the government of trying to poison people with toothpaste.
[53:36.120 --> 53:56.120]  And I have to write a response to that and said that is absolutely absurd. Who on earth would think that the government would try to poison you with toothpaste? If you think that's got any credence to it, just read the warning label on the back of your toothpaste tube.
[53:56.120 --> 54:15.120]  It says, if you accidentally swallow more toothpaste than you would normally use to brush your teeth with, call poison control. It was after that their whole argument collapsed.
[54:15.120 --> 54:35.120]  But anyway, so he probably told them what they were dealing with and so they got real careful with me except for the cop. He was furious and when I wouldn't give him his pen back, he got real heavy with me.
[54:35.120 --> 54:50.120]  I'm talking to another cop who came up on the driver's side and this cop handed me the ticket and I signed it and I told him, it looks like you do the short straw and he said, should I take that as a threat?
[54:50.120 --> 55:07.120]  No, he said shut your mouth. Take this ticket, get out of here. And the other cop said something to me and I turned talking to him and I hear the first cop say, give me my pen back. And I've got it in my left hand and I've got my pen in my right hand.
[55:07.120 --> 55:24.120]  And I looked at his pen, looked at my pen, looked over at this cop on the driver's side and I said, darn, I nearly got away with that. And the one who wrote the ticket was so furious he was vibrating.
[55:24.120 --> 55:41.120]  I said, here, take it. Mine's better anyway. He grabbed it out of my hand and stomped away. Well, now I will charge him with first degree felony aggravated assault.
[55:41.120 --> 55:55.120]  And this is how I get there. There is no way this guy can be enforcing the transportation code if he's not a sheriff's deputy on a motorcycle.
[55:55.120 --> 56:17.120]  So what the code says. So when he turned his lights on me and I moved over and slowed down and he didn't pull around me. He was stopping me under 745.421 text transportation code. And I had a requirement to pull over and stop or be charged with flight to evade arrest.
[56:17.120 --> 56:27.120]  Problem was, he didn't have authority under the text transportation code because he wasn't a police officer.
[56:27.120 --> 56:44.120]  Therefore, he exerted or purported to exert an authority he did not expressly have. And in the process, when he turned his lights on, he arrested my freedom of movement and seized me for the purposes of Fourth Amendment.
[56:44.120 --> 56:57.120]  And he did so while acting under the color or pretense of an official capacity, which is a violation of 39.03 text penal code and it's just a class A misdemeanor state of Texas.
[56:57.120 --> 57:21.120]  However, at the time, he was cloaked in the trappings of a public official, uniform, bags, all that kind of stuff, except he didn't have authority of the authority of the official he was portraying being a police officer as opposed to a peace officer.
[57:21.120 --> 57:41.120]  Therefore, he impersonated a public official, which is a state jail felony in the state of Texas. However, at the time, he was prominently displaying a deadly weapon, 2202B2A text penal code breaks at a felony of the first degree.
[57:41.120 --> 57:58.120]  Explain it to the grand jury above. I'm sure they'll be understanding. But don't get upset at me. I didn't write the law. I just had the terminity to read it and expect that it would be followed.
[57:58.120 --> 58:12.120]  I have a reasonable expectation of the due course of the laws of the state of Texas. If you breach the due course of the law of the state of Texas to my detriment, then I'm harmed.
[58:12.120 --> 58:30.120]  So this is one of the documents that's included with the traffic ticket set. It has a counter claim and the counter claim is a criminal claim against the opposing officer.
[58:30.120 --> 58:50.120]  The officer went to the magistrate and filed a complaint against me and the magistrate prosecuted. I expect him to do the same to this guy. Hang on. Go to break. We'll be right back.
[58:50.120 --> 59:06.120]  The Bible remains the most popular book in the world. Yet countless readers are frustrated because they struggle to understand it. Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture.
[59:06.120 --> 59:27.120]  Enter the recovery version. First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes. Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:27.120 --> 59:50.120]  Bibles for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102 or by ordering online at freestudybible.com. That's freestudybible.com.
[59:50.120 --> 59:59.120]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[59:59.120 --> 01:00:22.120]  The following newsflash is brought to you by the Lowstar Lowdown, providing the jelly bulletins for the commodities market, today in history, news updates, and the inside scoop into the tides of the alternative.
[01:00:22.120 --> 01:00:45.120]  Markets for Wednesday, 31 May 2017 are currently trading with gold at $1,268.63 an ounce, silver $17.32 an ounce, Texas crude $49.66 a barrel, and Bitcoin is sitting at about $2,277 U.S. currency.
[01:00:45.120 --> 01:00:58.120]  Today in history, the year 1859, the clock tower at the House of Parliament, which houses Big Ben, starts keeping time today in history.
[01:00:58.120 --> 01:01:18.120]  In recent years, Ross Ulberg, the alleged dread pirate Roberts, running the infamous Silk Road, a dark net bizarre or dark web eBay of sorts for just about anything, lost his appeal in court today, Wednesday, when a federal appeals court rejected arguments by defense lawyers that Ulberg was stripped of his constitutional right to a fair trial and given unreasonable punishment.
[01:01:18.120 --> 01:01:34.120]  The hotel Ulberg's lead defense attorney was arguing that U.S. District Court Judge Catherine Forrest made numerous legal errors during the trial and brought up the rejection of a motion by the defense to suppress evidence of the internet traffic to Ulberg's home router that investigators obtained without a court-approved warrant,
[01:01:34.120 --> 01:01:44.120]  along with being improperly blocked from presenting evidence that a former secret service agent who happened to be investigating Silk Road was himself investigated for stealing Bitcoins off the dark web bizarre.
[01:01:44.120 --> 01:01:59.120]  The judges did rule, however, that, quote, although we may not have imposed the same sentence ourselves, on the facts of this case, a life sentence was within the range of permissible decisions.
[01:01:59.120 --> 01:02:14.120]  Uber and Lyft were back on Austin streets earlier this week, Monday, when Governor Greg Abbott signed a bill into law that puts the state, not local governments, in charge of regulating the ride-sharing industry. Uberspokesman Travis Considine said Thursday of last week, quote,
[01:02:14.120 --> 01:02:29.120]  an incubator for technology and entrepreneurship, and we were excited to be back in the mix. We know that we have a lot of work to do in the city, but we couldn't be more excited for the road ahead. The ride-sharing giants left Austin due to an ordinance that required fingerprint-based background checks, drivers,
[01:02:29.120 --> 01:02:40.120]  a variety of data reporting and other requirements. The bill signed on Monday, however, only requires companies to be licensed by the state and pay an annual operations fee, along with local, state, and national criminal background checks,
[01:02:40.120 --> 01:02:52.120]  but fingerprints are not a requirement. Abbott tweeted that it was a regulation that trampled freedom and free enterprise. Texas joins more than 40 other states that have passed statewide ride-sharing regulations.
[01:02:52.120 --> 01:03:11.120]  This is Rick Rody with your lowdown for May 31, 2017.
[01:03:22.120 --> 01:03:51.120]  Okay, we are back. Randy Kelton with Radio and Scott. I need to dump the chomp. We've got four more calls. We've only got four segments.
[01:03:51.120 --> 01:04:08.120]  Do you have anything else real important for us? No, I was fixing to get off anyway. You stole my thunder on me leaving. I know. I know I wanted to be able to throw you all. I had a caller once concerned that I was rude to you.
[01:04:08.120 --> 01:04:26.120]  Poor Scott. Get off my show. I'm busy. Yeah, tell him they ain't seen nothing. They should hear us in the morning when he calls me. I work him over. Okay. Thank you, Scott.
[01:04:26.120 --> 01:04:47.120]  Okay, now we're going to Jody in Texas. Hello, Jody. Hello, Jody. Are you there? Oh, you're probably there, but we can't hear you because I unmuted the wrong one. Okay, try that.
[01:04:47.120 --> 01:04:57.120]  Can you hear me now? Now I can hear you. Can you hear me now? Yes, I can hear you. What can you have for us? Okay, good.
[01:04:57.120 --> 01:05:05.120]  First of all, thanks for getting Scott off there because I've been hearing him bitch all day. He won't shut up. He's always griping about something.
[01:05:05.120 --> 01:05:23.120]  The second thing is, I've got this Title 42 in Eastern District Federal Court. It is a supervisory neglect Brady policy. It was filed about, I don't know, three, four months ago.
[01:05:23.120 --> 01:05:30.120]  We had a Spears hearing. Are you familiar with a Spears hearing? No. Tell me what a Spears hearing is.
[01:05:30.120 --> 01:05:40.120]  Okay, it's for a pro se plaintiff to go in there and basically make your claim onto the federal case that you're presenting.
[01:05:40.120 --> 01:05:50.120]  Roughly. Now I understand I'm pro se, so I'm telling you it's extremely pro se and roughly. So there you go. Well, I went to that.
[01:05:50.120 --> 01:06:01.120]  Excuse me. Sorry, I'm coughing. That was about 67 days ago, roughly. I don't remember exactly.
[01:06:01.120 --> 01:06:22.120]  The judge, Zach Hawthorne down in Beaumont on the Eastern District ruled that I had standing and now that we're past 60 days since that he ruled me outstanding, there has been no response from the defendant, which is the county judge in Polk County, Texas,
[01:06:22.120 --> 01:06:34.120]  Sidney Murphy et al. And I'm wanting to file or I'm asking you this question and then I'll have a caveat. So let me ask you the question.
[01:06:34.120 --> 01:06:41.120]  Did I have to give one caveat then I want your reply. I want to file motion for default. I want to file for default.
[01:06:41.120 --> 01:06:58.120]  The motion for default judgment. And I wonder correctly and I'm here is what I'm asking you for is I need this circuit case law to put into this motion for default judgment.
[01:06:58.120 --> 01:07:14.120]  Okay, I have a question. The judge was there. Okay, apparently there wasn't a motion to dismiss. It wasn't a demure.
[01:07:14.120 --> 01:07:29.120]  Since they didn't answer. And I take it you file pro say. Yes. Okay. And you fight. Did you file under inability to pay? Yes.
[01:07:29.120 --> 01:07:44.120]  Then the judge had the authority to dismiss your case. If he believed it failed state of claim of which recovery can be had, but he didn't do that.
[01:07:44.120 --> 01:07:57.120]  That means essentially you passed rule 12 b6. You have a statutory right to default judgment.
[01:07:57.120 --> 01:08:08.120]  Now watch for this. Write the default judgment. Take it to the clerk. The clerk will look at your proof of service.
[01:08:08.120 --> 01:08:23.120]  And look at the dates and count the days if the time to respond has passed from the date of your proof of service. She is to sign the default.
[01:08:23.120 --> 01:08:38.120]  That's doing how this works. However, if after the time has lapsed, the other side goes ahead and file something in the court that can be construed as an answer.
[01:08:38.120 --> 01:08:45.120]  You still have a right not to default, but to summary judgment.
[01:08:45.120 --> 01:08:56.120]  Summary judgment, the clerk can't sign it. You'd have to go before the court to get the court to grant it. But it's just a minor technical difference.
[01:08:56.120 --> 01:09:07.120]  So you have a right to a ruling in your favor. It's just if they file something before you get your default in, you have to change it to summary judgment.
[01:09:07.120 --> 01:09:19.120]  But you should have this and it shouldn't take a lot. You can get default judgment. What you can't get default on are the damages.
[01:09:19.120 --> 01:09:28.120]  Correct. Yeah. That's how I read it was that you can get default on the claim, but a liability, but not damages. You have to go back for damages.
[01:09:28.120 --> 01:09:33.120]  But that's fine. I would love to fight that fight.
[01:09:33.120 --> 01:09:37.120]  So you have a right to default.
[01:09:37.120 --> 01:09:39.120]  Well, all right then.
[01:09:39.120 --> 01:09:47.120]  Has the other side gave an indication that they're aware of the action?
[01:09:47.120 --> 01:09:57.120]  None, but they they have gotten their certified return receipt letter back receipt back.
[01:09:57.120 --> 01:10:01.120]  That will generally be sufficient.
[01:10:01.120 --> 01:10:15.120]  If they had filed anything in the case, like we've got one in California where they filed a $2 million claim against a trustee of a living trust.
[01:10:15.120 --> 01:10:26.120]  He had a lawyer file a notice in the court that he was representing the defendant, but they never filed an answer.
[01:10:26.120 --> 01:10:33.120]  Once he filed the action in the court saying he's representing the defendant, he's given notice.
[01:10:33.120 --> 01:10:42.120]  He he's stipulated to notice the primary thing that will stop you from getting default judgment is lack of notice.
[01:10:42.120 --> 01:10:50.120]  But once they filed something in the in the court, then they can't claim lack of notice or they wouldn't know to file it.
[01:10:50.120 --> 01:10:54.120]  So they're dog meat. They're toast.
[01:10:54.120 --> 01:10:58.120]  Wow. So so get get it in there.
[01:10:58.120 --> 01:11:02.120]  If the time is up, get it in. Don't waste any more time.
[01:11:02.120 --> 01:11:03.120]  Okay.
[01:11:03.120 --> 01:11:11.120]  Well, I'm going to talk to you more off air about it because this is this is a there's I've got an AG letter involved in this as well.
[01:11:11.120 --> 01:11:15.120]  And it's a real big story, but I don't want to take your time. I'll talk to you about later. Bye. Thank you.
[01:11:15.120 --> 01:11:16.120]  Okay, thank you.
[01:11:16.120 --> 01:11:18.120]  Okay.
[01:11:18.120 --> 01:11:23.120]  Hey, Jody just did that because he didn't want me chucking him off there like I did Scott.
[01:11:23.120 --> 01:11:26.120]  But I enjoy throwing Scott off the air.
[01:11:26.120 --> 01:11:30.120]  Okay, now we got Jeff in Mississippi.
[01:11:30.120 --> 01:11:32.120]  You're next.
[01:11:32.120 --> 01:11:35.120]  All right, Randy. Thanks for having me on.
[01:11:35.120 --> 01:11:39.120]  How is it going in the trucking business?
[01:11:39.120 --> 01:11:47.120]  Oh, it's going pretty good. It's hard. That's a tough career, but I'm getting it on.
[01:11:47.120 --> 01:11:54.120]  I used to have a truck washing business. Made a lot of money doing that. No way I would drive one.
[01:11:54.120 --> 01:11:57.120]  Okay. How is your case going?
[01:11:57.120 --> 01:12:02.120]  Well, okay. The last time I talked to you, I had asked you a question.
[01:12:02.120 --> 01:12:10.120]  My case went to the state Supreme Court and the state it went to the court of appeals.
[01:12:10.120 --> 01:12:17.120]  My question was, is it can I reappeal in the state Supreme Court?
[01:12:17.120 --> 01:12:20.120]  I did some digging and found out that I can.
[01:12:20.120 --> 01:12:27.120]  The Mississippi State Supreme Court, where I lost my first appeal, is made up of two tiers,
[01:12:27.120 --> 01:12:31.120]  the court of appeals and the Mississippi Supreme Court.
[01:12:31.120 --> 01:12:40.120]  So I turned around and filed notice in the Mississippi Supreme Court after I lost my case,
[01:12:40.120 --> 01:12:48.120]  and the court of appeals, my question to you is that when it goes to the Mississippi Supreme Court,
[01:12:48.120 --> 01:12:54.120]  do I get to write a new brief or will they just take the old one?
[01:12:54.120 --> 01:13:05.120]  No, generally, you write a certiori, so you get to rewrite. You can use the old one if everything is in there.
[01:13:05.120 --> 01:13:09.120]  I don't want to.
[01:13:09.120 --> 01:13:11.120]  Explain it.
[01:13:11.120 --> 01:13:14.120]  Well, I thought that my...
[01:13:14.120 --> 01:13:21.120]  Wait a minute. You said I don't want to. Does that mean I don't want to use the old one or I don't want to write a certiori?
[01:13:21.120 --> 01:13:26.120]  No, I don't want to use the old one. I want to write a new one. The old one was horrible.
[01:13:26.120 --> 01:13:30.120]  I didn't have any time to do it, and it was just real scattered.
[01:13:30.120 --> 01:13:33.120]  Oh, absolutely. You can write another one.
[01:13:33.120 --> 01:13:36.120]  I want to write a new brief. That's okay. That's good.
[01:13:36.120 --> 01:13:42.120]  What happens is you go to the court and they teach you.
[01:13:42.120 --> 01:13:52.120]  You go to the trial court and the trial court rules against you and they explain what they generally tell you what's wrong with your pleadings,
[01:13:52.120 --> 01:14:01.120]  especially if you get a dismiss without prejudice. They say, this is what's wrong with your case. Fix it.
[01:14:01.120 --> 01:14:10.120]  Okay, you get past them and you go to the court of appeals and you say, this is where the trial judge screwed up.
[01:14:10.120 --> 01:14:23.120]  And the court of appeals is going to say, if they rule against you, they're going to say, this is where you failed to adequately argue your case.
[01:14:23.120 --> 01:14:32.120]  Now, you take the advice of the court of appeals and fix it and then go to the Supreme.
[01:14:32.120 --> 01:14:39.120]  You cannot bring new factual information. That was determined by the trial court.
[01:14:39.120 --> 01:14:52.120]  You can bring new law. If you missed some law or you misquoted law, when the appeals court denies your appeal and they tell you why,
[01:14:52.120 --> 01:14:58.120]  you can fix that and then go to the Supreme. Does that make sense?
[01:14:58.120 --> 01:15:02.120]  Yes. Now, this is the state supreme, not the U.S. supreme.
[01:15:02.120 --> 01:15:03.120]  That's the same thing.
[01:15:03.120 --> 01:15:11.120]  So, I'm still within the state. I put notice that I wanted to appeal to the state supreme court.
[01:15:11.120 --> 01:15:17.120]  Do I have to notify them that I'm writing a new brief or will they contact me and I just send a new brief in?
[01:15:17.120 --> 01:15:21.120]  No, you just send whatever you're going to write in.
[01:15:21.120 --> 01:15:23.120]  Okay.
[01:15:23.120 --> 01:15:28.120]  You don't have to tell them that you're writing a new brief. They expect you to.
[01:15:28.120 --> 01:15:34.120]  They expect you to fill in the holes the court of appeals told you about.
[01:15:34.120 --> 01:15:36.120]  Great.
[01:15:36.120 --> 01:15:42.120]  See, they normally don't hear these so that they can say that the court of appeals screwed up.
[01:15:42.120 --> 01:15:44.120]  That's not what they're doing.
[01:15:44.120 --> 01:15:51.120]  They hear these because they say you didn't make your argument good enough to the court of appeals.
[01:15:51.120 --> 01:15:55.120]  You get another shot at it with us.
[01:15:55.120 --> 01:15:59.120]  Good. New brief.
[01:15:59.120 --> 01:16:03.120]  All right. Well, that is all I've got. I'm going to start typing. I sure appreciate it.
[01:16:03.120 --> 01:16:05.120]  Okay. Have fun.
[01:16:05.120 --> 01:16:06.120]  Thank you.
[01:16:06.120 --> 01:16:07.120]  All right.
[01:16:07.120 --> 01:16:10.120]  Okay. Now we're going to Boris in Texas.
[01:16:10.120 --> 01:16:12.120]  Hello, Boris.
[01:16:12.120 --> 01:16:14.120]  Hello, Randy.
[01:16:14.120 --> 01:16:17.120]  What do you have for us today?
[01:16:17.120 --> 01:16:28.120]  Well, if you'd like this time, I'll get the audience caught up on what happened. I remember last time I just jumped right in and you wanted me to kind of get everybody caught up.
[01:16:28.120 --> 01:16:32.120]  I started to say you're catching on.
[01:16:32.120 --> 01:16:34.120]  Okay.
[01:16:34.120 --> 01:16:39.120]  And I always call right before the music.
[01:16:39.120 --> 01:16:41.120]  Yes. So your time is up.
[01:16:41.120 --> 01:16:43.120]  Okay. Hang on.
[01:16:43.120 --> 01:16:47.120]  Thank you. Randy Kelton, Debra Stephens, Real Law Radio.
[01:16:47.120 --> 01:16:51.120]  I call in number 512-646-1984.
[01:16:51.120 --> 01:16:57.120]  During the break, it's a good time to go check out our fundraiser, Logos Radio Network.
[01:16:57.120 --> 01:17:24.120]  We'll be right back.
[01:17:27.120 --> 01:17:29.120]  Good order and your supplies or holiday gifts.
[01:17:29.120 --> 01:17:31.120]  First thing you do is clear your cookies.
[01:17:31.120 --> 01:17:34.120]  Now go to LogosRadioNetwork.com.
[01:17:34.120 --> 01:17:37.120]  Click on the Amazon logo and bookmark it.
[01:17:37.120 --> 01:17:43.120]  Now when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:17:43.120 --> 01:17:44.120]  Do I pay extra?
[01:17:44.120 --> 01:17:45.120]  No.
[01:17:45.120 --> 01:17:47.120]  Do I have to do anything different when I order?
[01:17:47.120 --> 01:17:48.120]  No.
[01:17:48.120 --> 01:17:49.120]  Can I use my Amazon Prime?
[01:17:49.120 --> 01:17:50.120]  No.
[01:17:50.120 --> 01:17:51.120]  I mean, yes.
[01:17:51.120 --> 01:17:55.120]  Wow. Giving without doing anything or spending any money. This is perfect.
[01:17:55.120 --> 01:17:56.120]  Thank you so much.
[01:17:56.120 --> 01:17:58.120]  We are Logos.
[01:17:58.120 --> 01:18:27.120]  Happy holidays, Logos.
[01:18:28.120 --> 01:18:35.120]  Logos Radio Network.com.
[01:18:58.120 --> 01:19:08.120]  Logos Radio Network.
[01:19:28.120 --> 01:19:57.120]  Logos Radio Network.
[01:19:57.120 --> 01:20:26.120]  Logos Radio Network.
[01:20:26.120 --> 01:20:41.120]  Logos Radio Network.
[01:20:41.120 --> 01:20:42.120]  Okay.
[01:20:42.120 --> 01:20:51.120]  Well, now back in December of 2016, I found a buyer.
[01:20:51.120 --> 01:20:58.120]  For my house, we put the house in escrow and we put the house in escrow knowing that we
[01:20:58.120 --> 01:21:09.120]  would need to get a release of lien signatures from an ex-husband and an ex-wife who are
[01:21:09.120 --> 01:21:16.120]  tied into my house contract because I had bought the house from the ex-husband while
[01:21:16.120 --> 01:21:26.120]  they were still together and he had not disclosed the contract that I have with him.
[01:21:26.120 --> 01:21:33.120]  He did not disclose that during his divorce and so then when we went and talked to the
[01:21:33.120 --> 01:21:40.120]  ex-wife about getting a signature, well, she decided to sue the ex-husband and keep me
[01:21:40.120 --> 01:21:41.120]  tied up.
[01:21:41.120 --> 01:21:46.120]  You know, the house, my house is mentioned in the lawsuit.
[01:21:46.120 --> 01:21:53.120]  The lawsuit does not name me but it still ties up my house because she filed a list
[01:21:53.120 --> 01:22:02.120]  pending against my house and the title company would not go any further in closing the deal
[01:22:02.120 --> 01:22:05.120]  because there's a list pending on the property.
[01:22:05.120 --> 01:22:14.120]  So then the main things that I have talked to Randy about here pertain to this list
[01:22:14.120 --> 01:22:20.120]  pending and getting that taken off and then getting the house taken out of the lawsuit
[01:22:20.120 --> 01:22:23.120]  so I can go ahead and close on the house deal.
[01:22:23.120 --> 01:22:33.120]  Meanwhile, me and my home buyers are just kind of tied up and so I keep on filing bar
[01:22:33.120 --> 01:22:40.120]  grievances and whatnot against the ex-wife's attorneys that will make her let go and that's
[01:22:40.120 --> 01:22:44.120]  kind of where we are.
[01:22:44.120 --> 01:22:47.120]  Is that about a good starting point Randy?
[01:22:47.120 --> 01:22:52.120]  Okay, what has happened since our last call?
[01:22:52.120 --> 01:22:57.120]  How many bar grievances have you filed against this lawyer?
[01:22:57.120 --> 01:23:00.120]  Well, I just sent off the third one.
[01:23:00.120 --> 01:23:07.120]  And I just got on Tuesday, actually on Tuesday I got my first rejection letter from the state
[01:23:07.120 --> 01:23:09.120]  bar like you said.
[01:23:09.120 --> 01:23:18.120]  You get one about a month later saying that the complaint is not up to par and all that stuff.
[01:23:18.120 --> 01:23:26.120]  So I got one of those on Tuesday and I sent off a new one on Wednesday yesterday pertaining
[01:23:26.120 --> 01:23:34.120]  to the filing of the list pendants but this one filing it with the notarization problem
[01:23:34.120 --> 01:23:38.120]  and also for you out there.
[01:23:38.120 --> 01:23:49.120]  When this list pendants was filed, the attorney apparently at some point has hired the ex-wife
[01:23:49.120 --> 01:23:57.120]  to work together because the ex-wife who is the petitioner named on the list pendants,
[01:23:57.120 --> 01:24:02.120]  we saw is also the notary on that same document.
[01:24:02.120 --> 01:24:08.120]  So she basically notarized her own document and had her attorneys file it.
[01:24:08.120 --> 01:24:16.120]  And so then this most recent bar grievance is about her filing this list pendants with
[01:24:16.120 --> 01:24:20.120]  the notarization by her client.
[01:24:20.120 --> 01:24:28.120]  Okay, have you filed a quiet title action against the list pendants?
[01:24:28.120 --> 01:24:30.120]  I've always done that.
[01:24:30.120 --> 01:24:34.120]  I mean, I've been so busy with all these other things getting, you know, because no,
[01:24:34.120 --> 01:24:37.120]  no, we haven't filed a quiet title for that.
[01:24:37.120 --> 01:24:44.120]  Okay, send me an email offline and I can help you with that.
[01:24:44.120 --> 01:24:50.120]  If you file a quiet title action, it costs you a couple hundred bucks to file it.
[01:24:50.120 --> 01:24:53.120]  But now they're on the dime.
[01:24:53.120 --> 01:24:58.120]  Have you given notice to remove the list pendants?
[01:24:58.120 --> 01:24:59.120]  No.
[01:24:59.120 --> 01:25:03.120]  Under 32.49.
[01:25:03.120 --> 01:25:04.120]  Oh, yes.
[01:25:04.120 --> 01:25:05.120]  Yes, I sure did.
[01:25:05.120 --> 01:25:12.120]  Yes, I sent, right, and that was, that's also part of this because it ties into the criminal
[01:25:12.120 --> 01:25:15.120]  complaint that I'm writing right now.
[01:25:15.120 --> 01:25:22.120]  And I've been reading your emails about the Cherokee County episode.
[01:25:22.120 --> 01:25:23.120]  Okay.
[01:25:23.120 --> 01:25:24.120]  Okay, hold on.
[01:25:24.120 --> 01:25:28.120]  Let me explain for those who don't know, 32.49.
[01:25:28.120 --> 01:25:36.120]  If someone files a claim against a real property and there's nothing in the record showing
[01:25:36.120 --> 01:25:41.120]  that the individual had authority to make a claim against real property.
[01:25:41.120 --> 01:25:52.120]  And you give them notice and or in a directive to remove the filing and they don't act within
[01:25:52.120 --> 01:25:53.120]  21 days.
[01:25:53.120 --> 01:25:54.120]  Yeah.
[01:25:54.120 --> 01:25:57.120]  And they've committed a class A misdemeanor.
[01:25:57.120 --> 01:25:58.120]  That's right.
[01:25:58.120 --> 01:25:59.120]  That's right.
[01:25:59.120 --> 01:26:04.120]  That's 32.49 Texas penal code.
[01:26:04.120 --> 01:26:09.120]  So you've sent that, has the 21 days expired?
[01:26:09.120 --> 01:26:12.120]  Yesterday was 21 days.
[01:26:12.120 --> 01:26:14.120]  Wonderful.
[01:26:14.120 --> 01:26:15.120]  Yeah.
[01:26:15.120 --> 01:26:17.120]  Now you turn the heat up.
[01:26:17.120 --> 01:26:18.120]  Yeah.
[01:26:18.120 --> 01:26:24.120]  Now it's kind of, kind of like this clerk in Randall County when she wouldn't give me
[01:26:24.120 --> 01:26:30.120]  some records and I called the sheriff's department and asked somebody to come and arrest her.
[01:26:30.120 --> 01:26:34.120]  While I'm waiting for someone to come and arrest her, she comes out with the documents I asked
[01:26:34.120 --> 01:26:35.120]  for.
[01:26:35.120 --> 01:26:37.120]  No, hold on.
[01:26:37.120 --> 01:26:42.120]  Sorry, Bubba, that bell's already been rung.
[01:26:42.120 --> 01:26:46.120]  So their bell has been rung.
[01:26:46.120 --> 01:26:50.120]  If they remove it tomorrow too late.
[01:26:50.120 --> 01:26:52.120]  So this should give you some leverage.
[01:26:52.120 --> 01:26:54.120]  And then you want to file a quiet title action.
[01:26:54.120 --> 01:26:56.120]  It's relatively simple.
[01:26:56.120 --> 01:27:02.120]  You merely may ask the court to declare the rights of the parties.
[01:27:02.120 --> 01:27:09.120]  You give the court judicial notice of the documents filed in the public record.
[01:27:09.120 --> 01:27:18.120]  And then you show that there is nothing in the public record since you received a warranty
[01:27:18.120 --> 01:27:20.120]  deed to the property.
[01:27:20.120 --> 01:27:30.120]  That would show that this particular person has a right to file a claim against the property.
[01:27:30.120 --> 01:27:37.120]  And ask the court to rule that the document that was filed was filed by someone who didn't
[01:27:37.120 --> 01:27:40.120]  have authority to file the document.
[01:27:40.120 --> 01:27:43.120]  Now, you don't care what the court rules.
[01:27:43.120 --> 01:27:46.120]  This is all poker.
[01:27:46.120 --> 01:27:47.120]  Right.
[01:27:47.120 --> 01:27:50.120]  Now you put them on the dime.
[01:27:50.120 --> 01:27:58.120]  And if they don't want to spend a lot of money in court, then good chance more than the property
[01:27:58.120 --> 01:28:01.120]  is worth their poor left-left spendings.
[01:28:01.120 --> 01:28:02.120]  Right.
[01:28:02.120 --> 01:28:03.120]  Right.
[01:28:03.120 --> 01:28:09.120]  When the property sells and you pay off the property, they can draw whatever they get
[01:28:09.120 --> 01:28:12.120]  from what's paid off.
[01:28:12.120 --> 01:28:13.120]  Yeah.
[01:28:13.120 --> 01:28:14.120]  Yeah.
[01:28:14.120 --> 01:28:20.120]  It's kind of stupid of them to do this because if you sell the property, you have to pay off
[01:28:20.120 --> 01:28:21.120]  the mortgage.
[01:28:21.120 --> 01:28:24.120]  And that frees up all these funds.
[01:28:24.120 --> 01:28:32.120]  Did now get all of her money back from what the husband stole from her?
[01:28:32.120 --> 01:28:35.120]  Yeah.
[01:28:35.120 --> 01:28:41.120]  Well, I'm trying to talk to you all.
[01:28:41.120 --> 01:28:45.120]  There's just a bunch of these things I'm trying to do.
[01:28:45.120 --> 01:28:46.120]  Yeah.
[01:28:46.120 --> 01:28:47.120]  Right.
[01:28:47.120 --> 01:28:49.120]  I need to get that going.
[01:28:49.120 --> 01:28:56.120]  Well, I'm also trying to learn how to write this complaint right now because the 21 days
[01:28:56.120 --> 01:28:57.120]  is up.
[01:28:57.120 --> 01:29:04.120]  I'm trying to want to get that out of my way so I can go on to the next step, which if
[01:29:04.120 --> 01:29:08.120]  that's following a quiet title, then that's good.
[01:29:08.120 --> 01:29:13.120]  But I was going to ask you a little bit about that.
[01:29:13.120 --> 01:29:15.120]  That's all right.
[01:29:15.120 --> 01:29:22.120]  You should probably send the lawyer a letter saying that you're preparing to file a quiet
[01:29:22.120 --> 01:29:30.120]  title action against them for removal of the less pendants or expungement of the less
[01:29:30.120 --> 01:29:31.120]  pendants.
[01:29:31.120 --> 01:29:37.120]  And notice the lawyer that if I sell this property, I free up capital.
[01:29:37.120 --> 01:29:43.120]  Now we have liquid funds that your client can benefit from and recoup what she's lost
[01:29:43.120 --> 01:29:46.120]  on the husband's failure to give proper notice.
[01:29:46.120 --> 01:29:50.120]  But as long as the property is tied up, so are the funds.
[01:29:50.120 --> 01:29:51.120]  Hang on.
[01:29:51.120 --> 01:29:53.120]  Going to break Randy Kelton with our video.
[01:29:53.120 --> 01:30:21.120]  We'll be right back.
[01:30:21.120 --> 01:30:46.120]  We'll be right back.
[01:30:51.120 --> 01:31:17.120]  We'll be right back.
[01:31:17.120 --> 01:31:43.120]  We'll be right back.
[01:31:43.120 --> 01:32:09.120]  We'll be right back.
[01:32:09.120 --> 01:32:35.120]  We'll be right back.
[01:32:35.120 --> 01:33:01.120]  We'll be right back.
[01:33:01.120 --> 01:33:27.120]  We'll be right back.
[01:33:27.120 --> 01:33:56.120]  We'll be right back.
[01:33:56.120 --> 01:33:57.120]  Okay.
[01:33:57.120 --> 01:33:58.120]  We are back.
[01:33:58.120 --> 01:34:03.120]  Randy Kelton, Debra Stevens, Reel Bar Radio, and we're talking to Boris in Texas.
[01:34:03.120 --> 01:34:04.120]  Yeah.
[01:34:04.120 --> 01:34:05.120]  Okay, Boris.
[01:34:05.120 --> 01:34:09.120]  It's all about politics.
[01:34:09.120 --> 01:34:15.120]  And it doesn't make sense that they would try to stop you from liquidating this asset.
[01:34:15.120 --> 01:34:23.120]  Turn it into liquid cash because the wife can't expect to ever live in the property.
[01:34:23.120 --> 01:34:28.120]  And as long as you're paying, there'll be squabbles between who gets what.
[01:34:28.120 --> 01:34:32.120]  If the whole thing gets paid off, then there's a lump sum of money.
[01:34:32.120 --> 01:34:40.120]  And if the husband has withheld some, then she can get the court to give her what has been withheld.
[01:34:40.120 --> 01:34:46.120]  She can only benefit from the sale of the property.
[01:34:46.120 --> 01:34:58.120]  Well, I'm beginning to think that really there is a different thing about it because the total amount that I could possibly owe could be maybe 11,000.
[01:34:58.120 --> 01:35:07.120]  And I'm thinking that maybe they figure that my testimony in court at some point in the future is the worst more.
[01:35:07.120 --> 01:35:17.120]  So maybe they're afraid of letting me close it because if I did, then I would go away and leave town and take the story with me.
[01:35:17.120 --> 01:35:18.120]  Could that be a possibility?
[01:35:18.120 --> 01:35:23.120]  Because they haven't been that interested in the money, it seems like.
[01:35:23.120 --> 01:35:31.120]  I don't know how much the community property, you know, how that would be divided in 11,000.
[01:35:31.120 --> 01:35:35.120]  Here's the problem with family law courts.
[01:35:35.120 --> 01:35:51.120]  It's about the lawyers setting the two parties against one another so that the lawyers can extract as much of their estate as possible before the individuals lose their patience and threaten to sue them.
[01:35:51.120 --> 01:35:54.120]  And then they let a resolution come.
[01:35:54.120 --> 01:36:04.120]  I suggest you write a letter to the husband, to the wife and say, look, this is how much I owe you.
[01:36:04.120 --> 01:36:10.120]  It's a relatively small amount relative to the total value of the property.
[01:36:10.120 --> 01:36:18.120]  If your actions cost me the sale, then you damaged me and I have a right to the benefit of the bargain.
[01:36:18.120 --> 01:36:25.120]  But if you sell it, you make these funds available so that the court can dispense to you what you wrote.
[01:36:25.120 --> 01:36:30.120]  Yeah, like this letter to the wife, not the lawyer.
[01:36:30.120 --> 01:36:38.120]  The lawyer may intercept it, but it's written to the wife and you're asking her to make a settlement so we can close this out.
[01:36:38.120 --> 01:36:40.120]  He has to give it to her.
[01:36:40.120 --> 01:36:41.120]  Oh, yeah.
[01:36:41.120 --> 01:36:47.120]  Well, I had that discussion with her over the phone and she, I could like, she wasn't interested in the money, though.
[01:36:47.120 --> 01:36:48.120]  See, that's it.
[01:36:48.120 --> 01:36:51.120]  Then sue her personally.
[01:36:51.120 --> 01:36:52.120]  Well, sir.
[01:36:52.120 --> 01:36:54.120]  Well, for now.
[01:36:54.120 --> 01:37:01.120]  Send her a tort letter, notice of your intent to sue.
[01:37:01.120 --> 01:37:02.120]  Yeah.
[01:37:02.120 --> 01:37:03.120]  Yeah.
[01:37:03.120 --> 01:37:12.120]  Claim the benefit of the bargain and you sue for three times the value of the property.
[01:37:12.120 --> 01:37:13.120]  Make that as a claim.
[01:37:13.120 --> 01:37:16.120]  You never get that in the suit, but who cares?
[01:37:16.120 --> 01:37:17.120]  Yeah.
[01:37:17.120 --> 01:37:21.120]  The only one number the jury remembers, and that's the number you walk in the door with.
[01:37:21.120 --> 01:37:28.120]  So claim three times the value of the property, give her a notice of tort, make me hold her be sued.
[01:37:28.120 --> 01:37:31.120]  Now you've got her attention.
[01:37:31.120 --> 01:37:35.120]  Now, you told me to look for some of those online.
[01:37:35.120 --> 01:37:41.120]  You don't have any samples of the way I...
[01:37:41.120 --> 01:37:42.120]  Contact me offline.
[01:37:42.120 --> 01:37:44.120]  This is relatively simple.
[01:37:44.120 --> 01:37:47.120]  I'll help you put one together.
[01:37:47.120 --> 01:37:48.120]  Okay.
[01:37:48.120 --> 01:37:49.120]  Okay.
[01:37:49.120 --> 01:37:56.120]  Now, with the 21 days up as of yesterday, I want to finish the criminal complaint, you know,
[01:37:56.120 --> 01:37:59.120]  right now, so I can just kind of get that out of the way.
[01:37:59.120 --> 01:38:00.120]  Okay.
[01:38:00.120 --> 01:38:01.120]  Write it up.
[01:38:01.120 --> 01:38:02.120]  Email it to me.
[01:38:02.120 --> 01:38:04.120]  I'll go over and send it back to you.
[01:38:04.120 --> 01:38:05.120]  Okay.
[01:38:05.120 --> 01:38:06.120]  Okay.
[01:38:06.120 --> 01:38:07.120]  Okay, good.
[01:38:07.120 --> 01:38:08.120]  Okay.
[01:38:08.120 --> 01:38:09.120]  I'll...
[01:38:09.120 --> 01:38:10.120]  Okay.
[01:38:10.120 --> 01:38:11.120]  Okay.
[01:38:11.120 --> 01:38:12.120]  Thank you.
[01:38:12.120 --> 01:38:13.120]  Okay.
[01:38:13.120 --> 01:38:14.120]  Thank you, Boris.
[01:38:14.120 --> 01:38:15.120]  Now we're going to go to John in Texas.
[01:38:15.120 --> 01:38:16.120]  Hello, John.
[01:38:16.120 --> 01:38:21.120]  Hello, I'm just getting this back in here.
[01:38:21.120 --> 01:38:29.120]  Okay, well, quickly we're running short of time.
[01:38:29.120 --> 01:38:32.120]  Quickly means quickly.
[01:38:32.120 --> 01:38:37.120]  Did I lose you?
[01:38:37.120 --> 01:38:42.120]  It looks like we lost John right there at the last minute.
[01:38:42.120 --> 01:38:43.120]  Okay.
[01:38:43.120 --> 01:38:49.120]  Okay, now we're going to go to Olivier in Tennessee.
[01:38:49.120 --> 01:38:51.120]  Hello, Olivier.
[01:38:51.120 --> 01:38:52.120]  Hello.
[01:38:52.120 --> 01:38:57.120]  Hello, you've got horrible background noise.
[01:38:57.120 --> 01:38:59.120]  I still...
[01:38:59.120 --> 01:39:00.120]  I got horrible...
[01:39:00.120 --> 01:39:02.120]  Can you hear it?
[01:39:02.120 --> 01:39:03.120]  Barely you.
[01:39:03.120 --> 01:39:04.120]  Hello.
[01:39:04.120 --> 01:39:05.120]  You've got...
[01:39:05.120 --> 01:39:07.120]  I'm having trouble.
[01:39:07.120 --> 01:39:08.120]  Okay, speak.
[01:39:08.120 --> 01:39:09.120]  Talk.
[01:39:09.120 --> 01:39:10.120]  Let's make sure we can hear you right.
[01:39:10.120 --> 01:39:11.120]  All right.
[01:39:11.120 --> 01:39:12.120]  Can you hear me now?
[01:39:12.120 --> 01:39:15.120]  Now I can hear you.
[01:39:15.120 --> 01:39:16.120]  Okay.
[01:39:16.120 --> 01:39:20.120]  Well, for the rest of the time, I wanted to ask you about...
[01:39:20.120 --> 01:39:27.120]  I have a civil court case and it's an appeal score right now.
[01:39:27.120 --> 01:39:28.120]  Okay, go quickly.
[01:39:28.120 --> 01:39:30.120]  We only got four minutes.
[01:39:30.120 --> 01:39:38.120]  I have three different cases and one of the cases, the appeal, the attorney, acts for
[01:39:38.120 --> 01:39:46.120]  a continuous or extension and the time to file a brief.
[01:39:46.120 --> 01:39:54.120]  And this was the case with the Boston Prisoner for the officers, with the police officers.
[01:39:54.120 --> 01:40:05.120]  And on record, I got the attorney saying that he does not represent the other descendants.
[01:40:05.120 --> 01:40:10.120]  You know, he only represents the city of Clarkville.
[01:40:10.120 --> 01:40:22.120]  But the judge of the court dismissed the suit against the defendants claiming that the
[01:40:22.120 --> 01:40:26.120]  city of Clarkville represents the defendant.
[01:40:26.120 --> 01:40:27.120]  Okay.
[01:40:27.120 --> 01:40:38.120]  I'm trying to figure out what should I be expecting and how should that play out?
[01:40:38.120 --> 01:40:46.120]  Well, if he's dismissed, then you need to file an appeal.
[01:40:46.120 --> 01:40:48.120]  No, I'm already...
[01:40:48.120 --> 01:40:49.120]  We'll pass that.
[01:40:49.120 --> 01:40:52.120]  We're in the appeal court right now.
[01:40:52.120 --> 01:40:53.120]  Okay.
[01:40:53.120 --> 01:41:03.120]  But has the attorney who supposedly represents these officers filed a response for the police
[01:41:03.120 --> 01:41:04.120]  officers?
[01:41:04.120 --> 01:41:08.120]  No, not yet.
[01:41:08.120 --> 01:41:16.120]  I guess that's why he's asking for an extension because I got the record where on record, he
[01:41:16.120 --> 01:41:19.120]  says that he doesn't represent them.
[01:41:19.120 --> 01:41:27.120]  Has he filed a notice in the court of representation for them?
[01:41:27.120 --> 01:41:28.120]  Okay.
[01:41:28.120 --> 01:41:31.120]  This is generally a standard procedure.
[01:41:31.120 --> 01:41:35.120]  If you're representing a client, representing a client, you're required to file a notice
[01:41:35.120 --> 01:41:37.120]  of that representation in the court.
[01:41:37.120 --> 01:41:42.120]  If there's not one in there, then he's not representing the client.
[01:41:42.120 --> 01:41:43.120]  What?
[01:41:43.120 --> 01:41:44.120]  Okay.
[01:41:44.120 --> 01:41:46.120]  I understand what you're saying.
[01:41:46.120 --> 01:41:53.120]  In open court, in his defense, he did let the court know that he only represents the
[01:41:53.120 --> 01:41:55.120]  city of Clarksdale.
[01:41:55.120 --> 01:41:56.120]  Yeah.
[01:41:56.120 --> 01:42:02.120]  And if the judge is saying he's representing both, the judge has no power to contract.
[01:42:02.120 --> 01:42:03.120]  Right.
[01:42:03.120 --> 01:42:12.120]  So, this is the judge purporting to engage the lawyer in a contract with these police
[01:42:12.120 --> 01:42:13.120]  officers.
[01:42:13.120 --> 01:42:18.120]  Good luck on that.
[01:42:18.120 --> 01:42:23.120]  So, what should I be expected from the field court with these situations?
[01:42:23.120 --> 01:42:28.120]  You would ask for summary judgment against the police officers.
[01:42:28.120 --> 01:42:33.120]  In the full amount of your claim and since they don't have a response and they don't have
[01:42:33.120 --> 01:42:38.120]  a brief, they don't have representation, they have no standing.
[01:42:38.120 --> 01:42:47.120]  They're essentially stipulated to everything you claim.
[01:42:47.120 --> 01:42:54.120]  So, are you saying that in the appeal court, when we go to make our argument, I should
[01:42:54.120 --> 01:42:58.120]  file for a summary judgment?
[01:42:58.120 --> 01:43:03.120]  The appeals court can only rule on what's put in front of them.
[01:43:03.120 --> 01:43:06.120]  They can't make any factual determinations.
[01:43:06.120 --> 01:43:14.120]  If there is evidence that this lawyer is representing these clients and the lawyer has filed an appellate
[01:43:14.120 --> 01:43:20.120]  brief in their benefit from their side, the appeals court can look at it.
[01:43:20.120 --> 01:43:27.120]  If they haven't filed an appellate brief and they had notice of the issue, then they waived
[01:43:27.120 --> 01:43:30.120]  the right to disagree with you.
[01:43:30.120 --> 01:43:31.120]  Okay.
[01:43:31.120 --> 01:43:32.120]  Okay.
[01:43:32.120 --> 01:43:33.120]  All right.
[01:43:33.120 --> 01:43:40.120]  Well, how about if they did not answer in the lower court?
[01:43:40.120 --> 01:43:45.120]  Well, the judge ruled that dismissed it before they had a chance to answer.
[01:43:45.120 --> 01:43:50.120]  So, the appeals court, if they say you had standing, then they'll remand it back and give
[01:43:50.120 --> 01:43:52.120]  them opportunity to respond.
[01:43:52.120 --> 01:43:53.120]  I am sorry.
[01:43:53.120 --> 01:43:56.120]  We're, oh, we've got a whole other segment.
[01:43:56.120 --> 01:43:57.120]  We're about to go to break.
[01:43:57.120 --> 01:44:04.120]  We'll be right back.
[01:44:27.120 --> 01:44:53.120]  We'll be right back.
[01:44:53.120 --> 01:45:00.120]  We'll be right back.
[01:45:23.120 --> 01:45:49.120]  We'll be right back.
[01:45:49.120 --> 01:46:15.120]  We'll be right back.
[01:46:15.120 --> 01:46:37.120]  Okay.
[01:46:37.120 --> 01:46:38.120]  We are back.
[01:46:38.120 --> 01:46:43.120]  We're in the Kelton, Denver Stevens, and we're talking to Olivier in Tennessee.
[01:46:43.120 --> 01:46:50.120]  Olivier, if they don't answer, then the court has no authority to do anything but ruin your
[01:46:50.120 --> 01:46:51.120]  favor.
[01:46:51.120 --> 01:46:52.120]  Okay.
[01:46:52.120 --> 01:46:53.120]  That's it.
[01:46:53.120 --> 01:47:05.120]  And as far as I know, there's no way this judge can decide that the lawyer is representing
[01:47:05.120 --> 01:47:09.120]  someone that the lawyer has not agreed to represent.
[01:47:09.120 --> 01:47:10.120]  Okay.
[01:47:10.120 --> 01:47:13.120]  Okay, I do need to move along.
[01:47:13.120 --> 01:47:14.120]  I've got two more calls.
[01:47:14.120 --> 01:47:15.120]  I've got one segment.
[01:47:15.120 --> 01:47:16.120]  Okay.
[01:47:16.120 --> 01:47:19.120]  Is that everything Olivier?
[01:47:19.120 --> 01:47:24.120]  I wanted to tell you about the jurisdiction of language, but I don't know.
[01:47:24.120 --> 01:47:26.120]  Should we cover that tomorrow?
[01:47:26.120 --> 01:47:27.120]  Yeah.
[01:47:27.120 --> 01:47:28.120]  Call back tomorrow night.
[01:47:28.120 --> 01:47:29.120]  We'll have more time.
[01:47:29.120 --> 01:47:30.120]  Okay.
[01:47:30.120 --> 01:47:31.120]  All right.
[01:47:31.120 --> 01:47:32.120]  Okay.
[01:47:32.120 --> 01:47:33.120]  Thank you.
[01:47:33.120 --> 01:47:34.120]  Okay.
[01:47:34.120 --> 01:47:35.120]  Now we're going to Eric in California.
[01:47:35.120 --> 01:47:36.120]  Hello, Eric.
[01:47:36.120 --> 01:47:37.120]  What do you have for us today?
[01:47:37.120 --> 01:47:45.120]  Just following up on my email to you about the bar grieving, and I fired my attorney,
[01:47:45.120 --> 01:47:49.120]  but he's holding up the process and not responding to me.
[01:47:49.120 --> 01:47:55.120]  So the prosecutor won't talk to me, and I can't file emotions in court because my lawyer
[01:47:55.120 --> 01:48:01.120]  is playing a game, and so I want to talk to you about how do I sue my lawyer?
[01:48:01.120 --> 01:48:07.120]  First, they start with a tort letter to your lawyer.
[01:48:07.120 --> 01:48:09.120]  Have you bar grieved your lawyer for this delay?
[01:48:09.120 --> 01:48:10.120]  I did.
[01:48:10.120 --> 01:48:12.120]  Yeah, I don't want to bar grieve his boss, too.
[01:48:12.120 --> 01:48:14.120]  That's a law firm.
[01:48:14.120 --> 01:48:17.120]  Thank you.
[01:48:17.120 --> 01:48:20.120]  I'm sure you can bar grieve anybody.
[01:48:20.120 --> 01:48:22.120]  You're going to ask it if you can.
[01:48:22.120 --> 01:48:24.120]  Of course you can.
[01:48:24.120 --> 01:48:31.120]  The state bar is going to send you a letter back saying your grievance does not rise to
[01:48:31.120 --> 01:48:36.120]  a level of misconduct no matter what you charge, so sure, bar grieve them all.
[01:48:36.120 --> 01:48:37.120]  Okay.
[01:48:37.120 --> 01:48:42.120]  The tort letter to my lawyer was a 30-day notice.
[01:48:42.120 --> 01:48:45.120]  Yeah, give him notice of your intent to sue.
[01:48:45.120 --> 01:48:48.120]  Okay, I take it this is a criminal issue.
[01:48:48.120 --> 01:48:51.120]  Yeah, it is, yes, sir.
[01:48:51.120 --> 01:48:54.120]  Is it a B, C?
[01:48:54.120 --> 01:48:58.120]  Oh, it's a misdemeanor, probably no jail time.
[01:48:58.120 --> 01:49:02.120]  It's a violation of the restraining order.
[01:49:02.120 --> 01:49:04.120]  Oh, okay, good.
[01:49:04.120 --> 01:49:10.120]  Then sue your lawyer for anything you want to.
[01:49:10.120 --> 01:49:16.120]  If it's not a big case, the lawyer is going to have apoplexy when you sue him or give
[01:49:16.120 --> 01:49:22.120]  him a notice of tort for ineffective assistance.
[01:49:22.120 --> 01:49:23.120]  Okay.
[01:49:23.120 --> 01:49:27.120]  And have you bar grieved the prosecutor?
[01:49:27.120 --> 01:49:29.120]  No, I haven't.
[01:49:29.120 --> 01:49:30.120]  Should I?
[01:49:30.120 --> 01:49:37.120]  Yeah, you might consider stinging him.
[01:49:37.120 --> 01:49:40.120]  In the end, it's all about politics.
[01:49:40.120 --> 01:49:49.120]  The squeakiest wheel is the one that gets the grease.
[01:49:49.120 --> 01:49:51.120]  Okay.
[01:49:51.120 --> 01:49:58.120]  So when I fly back there next month, and I got to take care of this, if my lawyer doesn't
[01:49:58.120 --> 01:50:04.120]  respond, doesn't file a motion to remove himself, I've emailed him and asked him to.
[01:50:04.120 --> 01:50:13.120]  Can I say something to the judge to go after my attorney?
[01:50:13.120 --> 01:50:25.120]  Well, you can ask the judge to remove the lawyer and ask the judge to order the prosecutor
[01:50:25.120 --> 01:50:29.120]  to deal with you as opposed to a litigant.
[01:50:29.120 --> 01:50:30.120]  Okay.
[01:50:30.120 --> 01:50:37.120]  But if I've got a prosecutor to give me a problem, I'm just going to bar grieve him.
[01:50:37.120 --> 01:50:38.120]  Yeah.
[01:50:38.120 --> 01:50:45.120]  And then if the prosecutor does anything that prevents you from effectively adjudicating
[01:50:45.120 --> 01:50:50.120]  your case, charge him criminally with obstruction.
[01:50:50.120 --> 01:50:53.120]  Can I charge my attorney for criminal violation?
[01:50:53.120 --> 01:50:55.120]  No, no, the prosecutor.
[01:50:55.120 --> 01:50:56.120]  Okay.
[01:50:56.120 --> 01:50:57.120]  The prosecutor?
[01:50:57.120 --> 01:51:03.120]  Charge him with obstruction of justice.
[01:51:03.120 --> 01:51:05.120]  Okay.
[01:51:05.120 --> 01:51:07.120]  And you're in California.
[01:51:07.120 --> 01:51:11.120]  You have a good grand jury system in California.
[01:51:11.120 --> 01:51:16.120]  And you make an allegation to the grand jury that the prosecutor and your counsel are working
[01:51:16.120 --> 01:51:20.120]  together to deny you due process.
[01:51:20.120 --> 01:51:27.120]  Even if you don't get to the grand jury, making grand jury noise is going to terrify.
[01:51:27.120 --> 01:51:28.120]  Okay.
[01:51:28.120 --> 01:51:33.120]  Because what if on an off chance you did get to him?
[01:51:33.120 --> 01:51:38.120]  One thing about a grand jury, you never know what they're going to do.
[01:51:38.120 --> 01:51:41.120]  And I got this from a prosecutor.
[01:51:41.120 --> 01:51:48.120]  Those darn grand jurors, you never know what they're going to do.
[01:51:48.120 --> 01:51:52.120]  That was the best thing I could hear.
[01:51:52.120 --> 01:52:03.120]  So all these people that say that the prosecutors have grand jurors under control, not true.
[01:52:03.120 --> 01:52:08.120]  So grand jury is going to scare them and scare the prosecutor for certain.
[01:52:08.120 --> 01:52:10.120]  Okay.
[01:52:10.120 --> 01:52:19.120]  And if the judge doesn't act in a way that I see fit, can I sue the judge or file a complaint
[01:52:19.120 --> 01:52:20.120]  against them and civil part?
[01:52:20.120 --> 01:52:21.120]  Suing the judge is really tough.
[01:52:21.120 --> 01:52:26.120]  About the only thing you can sue a judge for is acting without subject matter jurisdiction.
[01:52:26.120 --> 01:52:31.120]  And if you're not challenging jurisdiction of the court, you cannot sue the judge.
[01:52:31.120 --> 01:52:32.120]  Okay.
[01:52:32.120 --> 01:52:35.120]  Yeah, I know I'm going to be challenging the jurisdiction.
[01:52:35.120 --> 01:52:41.120]  But you can file the discontent complaints against him all day.
[01:52:41.120 --> 01:52:43.120]  Is that a doing thing?
[01:52:43.120 --> 01:52:44.120]  Yeah.
[01:52:44.120 --> 01:52:46.120]  So okay, you're challenging subject matter jurisdiction.
[01:52:46.120 --> 01:52:49.120]  Is this traffic issue?
[01:52:49.120 --> 01:52:55.120]  No, it's restraining order of violation.
[01:52:55.120 --> 01:52:57.120]  Oh, restraining order of violation.
[01:52:57.120 --> 01:52:58.120]  Oh, okay.
[01:52:58.120 --> 01:52:59.120]  Yeah.
[01:52:59.120 --> 01:53:02.120]  How do you get to a jurisdictional issue?
[01:53:02.120 --> 01:53:04.120]  Oh, wait a minute.
[01:53:04.120 --> 01:53:08.120]  Is this the one where you're in California and they're in Pennsylvania or something?
[01:53:08.120 --> 01:53:10.120]  Yeah, Massachusetts.
[01:53:10.120 --> 01:53:13.120]  Oh, Mr. Oh, great.
[01:53:13.120 --> 01:53:18.120]  Did you put him in a federal court in California?
[01:53:18.120 --> 01:53:21.120]  That'll get his attention.
[01:53:21.120 --> 01:53:23.120]  Okay.
[01:53:23.120 --> 01:53:29.120]  And if he, you know, then he has to prove that he has jurisdiction over you while you're at a state.
[01:53:29.120 --> 01:53:30.120]  Now you have a good challenge.
[01:53:30.120 --> 01:53:33.120]  Now you can go after the judge.
[01:53:33.120 --> 01:53:36.120]  So I need to file something here in California?
[01:53:36.120 --> 01:53:37.120]  Yeah.
[01:53:37.120 --> 01:53:38.120]  With the court?
[01:53:38.120 --> 01:53:42.120]  File it in the California federal court.
[01:53:42.120 --> 01:53:47.120]  You're filing it, you get to choose the venue.
[01:53:47.120 --> 01:53:48.120]  Okay.
[01:53:48.120 --> 01:53:55.120]  So now they have to have a lawyer and lawyer has to come here and argue in their defense.
[01:53:55.120 --> 01:53:59.120]  Okay.
[01:53:59.120 --> 01:54:00.120]  Okay.
[01:54:00.120 --> 01:54:01.120]  Do you have any other questions?
[01:54:01.120 --> 01:54:04.120]  We've got four minutes in one other call.
[01:54:04.120 --> 01:54:06.120]  No, that's different tonight.
[01:54:06.120 --> 01:54:11.120]  I'll email you if I get some questions in my head tonight.
[01:54:11.120 --> 01:54:12.120]  Okay.
[01:54:12.120 --> 01:54:15.120]  Then we'll talk on email.
[01:54:15.120 --> 01:54:16.120]  Thank you, Eric.
[01:54:16.120 --> 01:54:17.120]  Okay.
[01:54:17.120 --> 01:54:18.120]  Thank you.
[01:54:18.120 --> 01:54:19.120]  Okay.
[01:54:19.120 --> 01:54:21.120]  Now we're going to Marty in Iowa.
[01:54:21.120 --> 01:54:22.120]  Hello, Marty.
[01:54:22.120 --> 01:54:23.120]  Hey, Randy.
[01:54:23.120 --> 01:54:25.120]  You know, I emailed you earlier today.
[01:54:25.120 --> 01:54:28.120]  I'll turn it off as quick as I can.
[01:54:28.120 --> 01:54:30.120]  Possession of controlled substance.
[01:54:30.120 --> 01:54:32.120]  It did an affirmative defense.
[01:54:32.120 --> 01:54:35.120]  When we'd be opening the user right away, they ignored it.
[01:54:35.120 --> 01:54:36.120]  Nothing.
[01:54:36.120 --> 01:54:37.120]  Never did anything with it.
[01:54:37.120 --> 01:54:39.120]  That was 50 some days ago.
[01:54:39.120 --> 01:54:40.120]  Okay.
[01:54:40.120 --> 01:54:41.120]  Hold on.
[01:54:41.120 --> 01:54:44.120]  Did you set the motion for hearing?
[01:54:44.120 --> 01:54:46.120]  No, we don't do that here.
[01:54:46.120 --> 01:54:47.120]  The clerk does.
[01:54:47.120 --> 01:54:48.120]  Okay.
[01:54:48.120 --> 01:54:49.120]  Okay.
[01:54:49.120 --> 01:54:50.120]  So did they have a...
[01:54:50.120 --> 01:54:52.120]  From the prosecutor?
[01:54:52.120 --> 01:54:54.120]  Did they have a hearing?
[01:54:54.120 --> 01:54:56.120]  No, there's been nothing.
[01:54:56.120 --> 01:54:59.120]  It just said the Chief Justice would take it under indictment and it's back there.
[01:54:59.120 --> 01:55:04.120]  My thought was, okay, he's going to sit on it and let the 90-day speeding trial run out
[01:55:04.120 --> 01:55:08.120]  so he doesn't have to admit that it's perfectly legal to have a job.
[01:55:08.120 --> 01:55:13.120]  Then file criminal charges against him for denying you your right to petition the court
[01:55:13.120 --> 01:55:15.120]  for redress agreements.
[01:55:15.120 --> 01:55:16.120]  Okay.
[01:55:16.120 --> 01:55:17.120]  This is what's weird.
[01:55:17.120 --> 01:55:23.120]  I've made them enter what was pre-trial today and he gave a ruling that my motion was denied
[01:55:23.120 --> 01:55:28.120]  but he pulled something out of his ass like it had nothing to do with my motion.
[01:55:28.120 --> 01:55:29.120]  He's completely ignored it.
[01:55:29.120 --> 01:55:34.120]  And I thought that as far as a motion to dismiss, I like Jella.
[01:55:34.120 --> 01:55:37.120]  I just ignored it completely.
[01:55:37.120 --> 01:55:38.120]  The judge had a date.
[01:55:38.120 --> 01:55:40.120]  One investor's lost much of his time.
[01:55:40.120 --> 01:55:42.120]  This is ridiculous.
[01:55:42.120 --> 01:55:45.120]  Then pursue complaints against him.
[01:55:45.120 --> 01:55:52.120]  Then go to the prosecutor and make a complaint against the judge for failing to rule, properly
[01:55:52.120 --> 01:55:54.120]  rule on your motion.
[01:55:54.120 --> 01:55:59.120]  Failing to apply the law in the facts to your motion and denied you due process.
[01:55:59.120 --> 01:56:01.120]  But push the prosecutor...
[01:56:01.120 --> 01:56:03.120]  Who's in cahoots with him?
[01:56:03.120 --> 01:56:04.120]  The gang?
[01:56:04.120 --> 01:56:05.120]  Wait a minute.
[01:56:05.120 --> 01:56:09.120]  You can't talk while I'm talking because it pushes your voice under me.
[01:56:09.120 --> 01:56:11.120]  So I didn't hear what you were saying.
[01:56:11.120 --> 01:56:12.120]  Say that again.
[01:56:12.120 --> 01:56:15.120]  The prosecutor and him are in cahoots.
[01:56:15.120 --> 01:56:16.120]  Good.
[01:56:16.120 --> 01:56:19.120]  That's even better.
[01:56:19.120 --> 01:56:27.120]  You asked the prosecutor to act on your complaint against the judge and let him refuse.
[01:56:27.120 --> 01:56:28.120]  Wonderful.
[01:56:28.120 --> 01:56:34.120]  Then you filed against the prosecutor and the judge for criminal conspiracy, acting in
[01:56:34.120 --> 01:56:35.120]  concert inclusion.
[01:56:35.120 --> 01:56:41.120]  Then you filed against both of them with the grand jury.
[01:56:41.120 --> 01:56:43.120]  You want to make the grand jury noises.
[01:56:43.120 --> 01:56:48.120]  Whether you get to a grand jury or not, that's what I'm going to do.
[01:56:48.120 --> 01:56:53.120]  I've got a ticket and I'm going to go to the grand jury with criminal charges against
[01:56:53.120 --> 01:56:54.120]  this officer.
[01:56:54.120 --> 01:56:57.120]  Just let him try to interfere with me.
[01:56:57.120 --> 01:56:58.120]  Wonderful.
[01:56:58.120 --> 01:57:03.120]  Then I filed against him and just make a regular nuisance of myself.
[01:57:03.120 --> 01:57:06.120]  I wind up with criminal charges against everybody.
[01:57:06.120 --> 01:57:07.120]  Okay.
[01:57:07.120 --> 01:57:08.120]  All politics.
[01:57:08.120 --> 01:57:09.120]  All politics.
[01:57:09.120 --> 01:57:10.120]  All political.
[01:57:10.120 --> 01:57:15.120]  Tomorrow, to waive my 90-day records through the file, will I have a file on them?
[01:57:15.120 --> 01:57:17.120]  Do I waive it?
[01:57:17.120 --> 01:57:18.120]  Wait a minute.
[01:57:18.120 --> 01:57:19.120]  I'm having trouble hearing you.
[01:57:19.120 --> 01:57:20.120]  Say that again.
[01:57:20.120 --> 01:57:26.120]  I have until noon tomorrow to either waive my 90-day record speedy trial or I have a
[01:57:26.120 --> 01:57:28.120]  trial on them.
[01:57:28.120 --> 01:57:31.120]  Do you have discovery?
[01:57:31.120 --> 01:57:34.120]  I have nothing.
[01:57:34.120 --> 01:57:35.120]  Okay.
[01:57:35.120 --> 01:57:37.120]  Then move to dismiss.
[01:57:37.120 --> 01:57:41.120]  They can't have trial if they didn't provide discovery.
[01:57:41.120 --> 01:57:43.120]  You're in Iowa.
[01:57:43.120 --> 01:57:45.120]  You need to read the law on discovery.
[01:57:45.120 --> 01:57:50.120]  In Texas, they got to provide all your discovery 30 days before trial.
[01:57:50.120 --> 01:57:57.120]  So, they can't have trial without the discovery and they can't get the discovery in time.
[01:57:57.120 --> 01:58:01.120]  They're out of time, so move to dismiss for speedy trial.
[01:58:01.120 --> 01:58:02.120]  Okay.
[01:58:02.120 --> 01:58:04.120]  Thanks, Randy.
[01:58:04.120 --> 01:58:05.120]  Okay.
[01:58:05.120 --> 01:58:08.120]  Make sure you check the code and see what it says.
[01:58:08.120 --> 01:58:12.120]  And 39.14 Texas Code of Criminal Procedure.
[01:58:12.120 --> 01:58:17.120]  It says the prosecutor must provide discovery at least 30 days before trial.
[01:58:17.120 --> 01:58:21.120]  So, they're trying to push you into trial without discovery.
[01:58:21.120 --> 01:58:24.120]  You got a great reason to stop the trial.
[01:58:24.120 --> 01:58:26.120]  And this is not your delay.
[01:58:26.120 --> 01:58:27.120]  It's their delay.
[01:58:27.120 --> 01:58:29.120]  So, it's charged against them.
[01:58:29.120 --> 01:58:36.120]  Then you move to dismiss for speedy trial.
[01:58:36.120 --> 01:58:37.120]  It makes sense?
[01:58:37.120 --> 01:58:38.120]  Okay.
[01:58:38.120 --> 01:58:39.120]  We are out of time.
[01:58:39.120 --> 01:58:42.120]  Randy Kelton, you have the radio.
[01:58:42.120 --> 01:58:45.120]  We'll be back tomorrow night with our four-hour info marathon.
[01:58:45.120 --> 01:59:14.120]  Thank you all for listening and good night.
[01:59:15.120 --> 01:59:41.120]  Thank you.
[01:59:41.120 --> 01:59:52.120]  That's 888-551-0102 or visit us online at bfa.org.
[01:59:52.120 --> 02:00:11.120]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.