ROL_2017-09-22_16k_Hr1-2.timecode
[00:00.000 --> 00:07.800] The following news flash is brought to you by The Lone Star Lowdown, providing the deli
[00:07.800 --> 00:15.440] bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.440 --> 00:23.240] into the tides of the alternative.
[00:23.240 --> 00:28.960] Markets for Wednesday, the 20th of September, 2017, closed with gold at $1,300.83 an ounce
[00:28.960 --> 00:38.240] silver, $17.17 an ounce, Texas Crude, $49.48 a barrel, Bitcoin is about $3,961, and Dashcoin
[00:38.240 --> 00:46.800] sits about $343 U.S. currency.
[00:46.800 --> 00:51.120] Today in history, the year 2011, the United States military under direction of the Obama
[00:51.120 --> 00:55.120] administration ends its Don't Ask, Don't Tell policy, originally put in the law during the
[00:55.120 --> 00:56.400] Clinton administration.
[00:56.400 --> 01:00.880] Repealing Don't Ask, Don't Tell has allowed gay and lesbian men and women to serve openly
[01:00.880 --> 01:06.640] in the military for the first time.
[01:06.640 --> 01:10.680] In recent news, at least 225 people have been confirmed dead as a result of yesterday's
[01:10.680 --> 01:17.440] 7.1 earthquake, which struck 34 miles southwest of the city of Puebla in Mexico, 32 years
[01:17.440 --> 01:21.880] to the day after the city's infamous quake that struck in 1985, which killed as many
[01:21.880 --> 01:23.640] as 10,000 people.
[01:23.640 --> 01:28.040] The most recent quake less than two weeks after the magnitude 8.1 earthquake, on the
[01:28.040 --> 01:32.720] 7th of this month, the epicenter of which was about 60 miles off the coast of Chiapas.
[01:32.720 --> 01:36.640] Civil protection officials at the scene of at least 44 different locations where collapsed
[01:36.640 --> 01:40.320] or partially classed buildings are in the city, are reporting at least 50 people being
[01:40.320 --> 01:44.680] rescued out of them who were still alive, along with many dead bodies as well.
[01:44.680 --> 01:48.240] Many more people are thought to be trapped within the wreckage of these damaged buildings.
[01:48.240 --> 01:52.320] Mexican officials are stating that at least 39 buildings have been entirely destroyed.
[01:52.320 --> 02:02.200] These fearing aftershocks have prepared to sleep on the streets in Mexico City.
[02:02.200 --> 02:06.480] A 6.1 magnitude earthquake has just hit off the eastern coast of Japan about 200 miles
[02:06.480 --> 02:10.160] from the Fukushima power plant that has been in critical condition since it was struck
[02:10.160 --> 02:12.860] by a tsunami in March of 2011.
[02:12.860 --> 02:16.400] The quake was about 10 kilometers into the Earth's crust and there has been no reports
[02:16.400 --> 02:20.280] of damages as of yet and a tsunami warning has not been issued.
[02:20.280 --> 02:24.440] This is the third large quake to strike in the last 24 hours after the disastrous one
[02:24.440 --> 02:28.440] in Mexico and a smaller one in New Zealand.
[02:28.440 --> 02:36.000] Astronomers have informed the public that in just this past week, three never-before-discovered
[02:36.000 --> 02:40.360] asteroids were spotted after they flew by Earth, around the close of the three.
[02:40.360 --> 02:46.000] The largest, Asteroid 2017 SQ2, was spotted in hindsight on Monday, nearly four days after
[02:46.000 --> 02:51.600] the warehouse-sized chunk of space rock skimmed by 125,000 miles above Earth.
[02:51.600 --> 03:20.600] This is Rick Brody with your loadout for September 20th, 2017.
[03:22.600 --> 03:29.840] Okay, howdy, howdy, this is Randy Kelton, rule of law radio on this Friday, the 22nd
[03:29.840 --> 03:34.160] day of September, 2017.
[03:34.160 --> 03:39.040] I do have my, the phone lines open and we'll have them open all night, our call-in number
[03:39.040 --> 03:48.360] 512-646-1984 and we already have a caller on the line first thing, hello, Mark, what
[03:48.360 --> 03:52.560] do you have for us today?
[03:52.560 --> 04:02.200] Well Mr. Kelton, I'm looking for the idea of what and who can be charged with a violation
[04:02.200 --> 04:08.360] of the pleadings for our debt collection laws here in Wisconsin.
[04:08.360 --> 04:14.200] We've got 425-109 in complaints, pleadings, the complaint by a merchant to enforce any
[04:14.200 --> 04:19.160] cause of action arising from a consumer credit transaction, so include all the following.
[04:19.160 --> 04:26.360] And basically you've got to give a full accounting of the account if you are an open ended credit
[04:26.360 --> 04:28.720] card.
[04:28.720 --> 04:36.160] But the part that I'm curious of is it says under here PREM-3, a default judgment may
[04:36.160 --> 04:41.080] not be entered upon a complaint which fails to comply with this section.
[04:41.080 --> 04:48.200] I know that there are complaints that don't comply with the writings section.
[04:48.200 --> 04:58.520] So the question that I have is whose fault is it and I don't see how I have any jurisdiction
[04:58.520 --> 05:07.000] to make it my problem but other than the Supreme Court asking them to step in to control their
[05:07.000 --> 05:13.040] court and how their court's functioning and the attorneys who are making these requests
[05:13.040 --> 05:17.440] for default and getting them, what else I got?
[05:17.440 --> 05:23.320] So I'm not sure exactly what you're asking.
[05:23.320 --> 05:36.240] The reference to errors in the pleadings nullifying the right to a default judgment.
[05:36.240 --> 05:43.560] I didn't hear anything that indicated what kind of errors and to whom the errors would
[05:43.560 --> 05:45.560] have to be attributed.
[05:45.560 --> 05:47.320] All right.
[05:47.320 --> 05:52.760] A complaint by a merchant to enforce cause of action shall include all of the following.
[05:52.760 --> 05:57.960] We're going to skip A, B, C and go to D. If the consumer credit report pursuant to an
[05:57.960 --> 06:02.840] open ended or consumer credit transaction pursuant to open ended credit plan, the actual estimated
[06:02.840 --> 06:11.000] dollar amount isn't supposed to be there and the figures necessary for the amount alleged
[06:11.000 --> 06:15.240] due to the merchant on a date certain after the customer's default.
[06:15.240 --> 06:19.440] What's happening with this particular group of attorneys, they're just putting the dollar
[06:19.440 --> 06:20.440] amount.
[06:20.440 --> 06:23.440] They're not showing how they get to that dollar amount.
[06:23.440 --> 06:30.600] They're not providing the accounting so that should deny them access to default judgment
[06:30.600 --> 06:46.480] even if the other party doesn't respond but goes to an issue, goes to latches.
[06:46.480 --> 06:56.440] The party being collected from by this statute would have a right to oppose default judgment
[06:56.440 --> 07:05.320] based on the faulted pleadings but if he doesn't oppose it then he weighs the right to do so.
[07:05.320 --> 07:12.320] Your question is your question going to these lawyers getting defaults when there is opposition
[07:12.320 --> 07:16.280] or when there's no opposition?
[07:16.280 --> 07:20.920] The default judgment is happening where there's nobody showing up.
[07:20.920 --> 07:21.920] Okay.
[07:21.920 --> 07:28.480] Pleadings that don't qualify, no one's showing up and there's a statement here, a default
[07:28.480 --> 07:33.560] judgment may not be entered upon a complaint which fails to comply so the complaints are
[07:33.560 --> 07:38.560] failing to comply but defaults are still being entered into the record and apparently they're
[07:38.560 --> 07:40.680] going out to collect them.
[07:40.680 --> 07:51.880] Is the restriction self-enforcing or is it a affirmative defense?
[07:51.880 --> 07:55.280] Do you have to claim it?
[07:55.280 --> 07:58.160] That's what I'm expecting.
[07:58.160 --> 08:07.400] The pleadings will be presumed to be normal unless an objection is raised to them and
[08:07.400 --> 08:15.440] where the person doesn't respond to the court, the court doesn't have any reason to challenge
[08:15.440 --> 08:24.200] the documentation so long as the documentation is sufficient to invoke subject matter jurisdiction.
[08:24.200 --> 08:29.320] Unless it was self-enforcing, if there was a provision in there.
[08:29.320 --> 08:38.960] It says that the complaint isn't valid if it doesn't have how to compute the amount
[08:38.960 --> 08:45.240] which the particular paperwork from the particular law firm does not.
[08:45.240 --> 08:54.480] So I'm curious how they get a circle here and I have no standing to interrupt the circle.
[08:54.480 --> 09:01.960] I'm just trying to figure out what is the recourse, the people who have been affected,
[09:01.960 --> 09:07.600] their possible recourse is lack of notice or the pleading was not sufficient.
[09:07.600 --> 09:15.880] I challenged the guy's pleading and his response was I'm wrong in the thing so we're going
[09:15.880 --> 09:24.480] to, his response to my response was I was wrong and how he responded was a motion to
[09:24.480 --> 09:29.200] dismiss my answering counterclaim.
[09:29.200 --> 09:30.200] So we'll...
[09:30.200 --> 09:34.640] You should have set up bar grievance and request for sanctions.
[09:34.640 --> 09:37.040] Well I have bar grieved him.
[09:37.040 --> 09:40.920] He just got a one set that the other would continue.
[09:40.920 --> 09:50.920] I've asked for sanctions in the form of the declaration that this action be considered
[09:50.920 --> 09:59.040] unconscionable and therefore trigger the unconscionable clause in Wisconsin's debt collecting if the
[09:59.040 --> 10:02.440] debt's unconscionable is avoided.
[10:02.440 --> 10:07.120] Oh, okay, good.
[10:07.120 --> 10:15.120] So how does the lawyer's pleading render the backside debt unconscionable?
[10:15.120 --> 10:23.040] Well, the manner in which this lawyer has been pleading and has been conducting himself
[10:23.040 --> 10:29.000] in multiple cases is an aspect of his unconscionability.
[10:29.000 --> 10:35.160] Ultimately the best form of the unconscionable is that there's no contract and they have
[10:35.160 --> 10:45.440] to prove that certain elements were met which they've pled to and they've never shown that
[10:45.440 --> 10:47.360] they've met those elements.
[10:47.360 --> 10:52.920] And I have invoked those elements at this point.
[10:52.920 --> 10:58.120] We'll see what, as you've stated all these, you will not when your case based on the law
[10:58.120 --> 11:01.200] and the facts, you will not when your case based on the politics.
[11:01.200 --> 11:07.360] So we'll see if I've been working the politics in correctly.
[11:07.360 --> 11:17.280] Because it's otherwise been a rare roading type job, the yesterday's call you discussed
[11:17.280 --> 11:23.320] the amount of time that one has for a filing and then a response.
[11:23.320 --> 11:31.960] The circuit court commissioner didn't seem to care that the time is 20 days.
[11:31.960 --> 11:37.800] I didn't bring up the 20 days but either way he didn't really care that it was 20 days
[11:37.800 --> 11:43.400] and didn't seem to care that the five-day limit is an answer and he didn't seem to
[11:43.400 --> 11:50.600] care that the paperwork was not actually a motion for summary judgment.
[11:50.600 --> 11:55.480] He used a clause six that says, well, if it looks like a summary judgment, we're going
[11:55.480 --> 11:58.480] to call it a summary judgment.
[11:58.480 --> 12:03.640] Okay, I don't understand how to address that.
[12:03.640 --> 12:08.680] You're saying that the request for summary judgment wasn't because it was insufficient
[12:08.680 --> 12:18.640] or was the request, the request for summary judgment was called trial memorandum and the
[12:18.640 --> 12:35.640] affidavit in support of the trial memorandum was called affidavit of a judgment.
[12:35.640 --> 12:38.240] So he wasn't calling in the summary judgment.
[12:38.240 --> 12:45.000] He wasn't calling the affidavit in support of summary judgment trying to backdoor it.
[12:45.000 --> 12:57.520] But we have in the discussion in 802 of Wisconsin Code, there is a poem six that if you have
[12:57.520 --> 13:02.280] something that looks like a summary judgment, the judge can just decide it's a summary judgment
[13:02.280 --> 13:03.280] and then make a rule.
[13:03.280 --> 13:11.000] Yeah, as a rule, a pleading is not controlled by its title.
[13:11.000 --> 13:13.760] It's controlled by its substance.
[13:13.760 --> 13:21.000] I was in court, which reminds me, I notice I have to give all of those, those of you
[13:21.000 --> 13:26.280] who are familiar with Robert Fox, he passed away a few days ago.
[13:26.280 --> 13:32.040] Now there's a story last year about him passing away and that one was exaggerated, but this
[13:32.040 --> 13:35.360] one unfortunately is not.
[13:35.360 --> 13:40.160] But Robert Fox, I went into a hearing in Cherokee County with some of his documents
[13:40.160 --> 13:45.960] have been filed in the court, and the prosecutor and the judge are reading the documents.
[13:45.960 --> 13:51.640] And they had a title on it about two feet long, and they're trying to figure out what
[13:51.640 --> 13:58.440] the document is so they can decide what to call it.
[13:58.440 --> 14:04.640] So we don't want to say, well, I think we should consider this a request for a prove-up
[14:04.640 --> 14:08.400] hearing, which couldn't tell from Robert's titles.
[14:08.400 --> 14:16.320] And the point that was, doesn't matter what the title is, the document is to be construed
[14:16.320 --> 14:18.680] based on the substance of the document.
[14:18.680 --> 14:21.720] So that's essentially what they're doing here.
[14:21.720 --> 14:22.720] Okay.
[14:22.720 --> 14:34.400] And that's fine, I mean, the guy wants to play games, that's fine, you know, he can't
[14:34.400 --> 14:42.240] get too upset if anything that I do is considered game playing.
[14:42.240 --> 14:43.240] What else on this?
[14:43.240 --> 14:50.800] Yeah, because I was trying to figure out how I can get to that there be on the bar grievance
[14:50.800 --> 15:01.600] and sanctions, what I can do to point other people in a direction or intervene, and I'm
[15:01.600 --> 15:09.720] not getting to those things, and I'm not really getting to a harm if somebody doesn't show
[15:09.720 --> 15:18.720] and there's a default against them, and the default shouldn't have been entered.
[15:18.720 --> 15:25.520] They have the ability to show up in the court and claim a harm if money is taken out of
[15:25.520 --> 15:29.080] their account and such.
[15:29.080 --> 15:35.520] So I'm not seeing where there's a great harm here, as far as the court's concerned.
[15:35.520 --> 15:43.720] This is a, goes to the biggest problem we in legal reform have.
[15:43.720 --> 15:48.640] And it's not that people don't care, it's that they are frightened of the system, have
[15:48.640 --> 15:55.680] no idea how to deal with the system, and it's easier just to pretend it's not there.
[15:55.680 --> 16:01.320] And they'll pretend it's not happening until the other side starts taking money out of
[16:01.320 --> 16:06.000] their account, and then for the most part, it's already too late for them to do very
[16:06.000 --> 16:09.400] much because they're really looking at it up hill climb.
[16:09.400 --> 16:15.680] My whole show is about getting people over their fear of the system.
[16:15.680 --> 16:22.400] However, once they start dipping into the guy's paycheck, that might be a time you might be
[16:22.400 --> 16:28.560] able to get his attention, but I really don't know how you would do that.
[16:28.560 --> 16:30.160] Hang on, we're about to go and break.
[16:30.160 --> 16:39.200] This is Randy Kelton with our radio on this Friday, the 22nd day of September, 2017.
[16:39.200 --> 16:42.600] A call in number 512-646-1984.
[16:42.600 --> 16:45.920] We have the call lines open, we'll have them open all night.
[16:45.920 --> 16:49.640] So if you have a question or comment, give us a call.
[16:49.640 --> 17:00.480] We'll be right back to you.
[17:00.480 --> 17:01.480] Thanks, Cookie.
[17:01.480 --> 17:02.480] Cookie?
[17:02.480 --> 17:03.480] Me love cookies.
[17:03.480 --> 17:04.760] Oh, hi, Cookie Munchers.
[17:04.760 --> 17:06.760] No, these are yucky cookies.
[17:06.760 --> 17:07.760] Cookie?
[17:07.760 --> 17:08.760] Yucky?
[17:08.760 --> 17:09.760] No, no bad cookies.
[17:09.760 --> 17:12.760] You can't even eat these cookies, these are cyber cookies.
[17:12.760 --> 17:13.760] No cookies?
[17:13.760 --> 17:17.160] No, they are cyber cookies and they clog up your computer.
[17:17.160 --> 17:18.160] Me have apples.
[17:18.160 --> 17:19.160] Really?
[17:19.160 --> 17:20.160] Yes.
[17:20.160 --> 17:21.160] An actual apple.
[17:21.160 --> 17:22.160] Yummy apple.
[17:22.160 --> 17:26.840] I'm going to throw away these yucky cookies in the trash.
[17:26.840 --> 17:33.000] I click control, shift, delete and then scroll down to cookies and clear them.
[17:33.000 --> 17:34.560] Bye bye, yucky cookies.
[17:34.560 --> 17:40.240] Now I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand
[17:40.240 --> 17:46.280] side, bookmark the link and I can go to Amazon through this link and order you some yummy
[17:46.280 --> 17:47.280] new cookies.
[17:47.280 --> 17:48.280] New cookies?
[17:48.280 --> 17:49.280] Of course, me.
[17:49.280 --> 17:51.080] Consider it an early Christmas present.
[17:51.080 --> 17:55.880] And every time I order on Amazon, I go through this link and I give a little present to this
[17:55.880 --> 17:56.880] radio network too.
[17:56.880 --> 17:57.880] See yous for cookies.
[17:57.880 --> 17:58.880] See yous for cookies.
[17:58.880 --> 18:05.880] Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
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[18:19.520 --> 18:25.320] civil rights statutes, what to do when contacted by phones, mail or court summons, how to answer
[18:25.320 --> 18:29.920] letters and phone calls, how to get debt collectors out of your credit reports, how to turn the
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[18:41.400 --> 18:46.920] For more information, please visit ruleoflawradio.com and click on the blue Michael Mearris banner
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[18:49.920 --> 18:59.440] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[18:59.440 --> 19:16.800] in court using federal civil rights statutes, what to do when contacted by phones, mail,
[19:16.800 --> 19:31.680] mail or court summons, how to get debt collectors out of your credit reports, how to get debt
[19:31.680 --> 19:43.200] collectors out of your credit reports, what to do when contacted by phones, mail, mail,
[19:43.200 --> 19:49.760] mail, re-framing the legal system so that people will tend not to be afraid of it.
[19:49.760 --> 19:51.760] You have any suggestions?
[19:51.760 --> 20:02.400] Well, in this particular instance, the only thing I can think of doing is filing the request
[20:02.400 --> 20:11.120] that the Supreme Court intervene via the supervisory writ that I spoke of earlier.
[20:11.120 --> 20:14.800] Oh, wait a minute, wait a minute.
[20:14.800 --> 20:19.040] What about a private attorney general suit?
[20:19.040 --> 20:24.680] Problem is, in Wisconsin, the private attorney general's suit, you had a lawyer.
[20:24.680 --> 20:30.960] I thought about that in demand that they allow me to call the lawyer so that I could file
[20:30.960 --> 20:31.960] it.
[20:31.960 --> 20:43.240] But I went, you know, I can only file so much mail, bovine, excrement, paperwork.
[20:43.240 --> 20:50.680] And the other thing is, is do I really want to then take on the mantle of that and I only
[20:50.680 --> 20:52.640] have so much fight in me.
[20:52.640 --> 20:57.360] I got to make some money.
[20:57.360 --> 21:03.640] The only thing that I'm right now reading the statute here looking for your opinion
[21:03.640 --> 21:09.400] on clarification, upon the written request of the customer, the merchant shall submit
[21:09.400 --> 21:15.400] accurate copies to the court and the customer of writing evidencing the obligation pursuant
[21:15.400 --> 21:21.280] to the open credit plan, blah, blah, blah, blah, blah.
[21:21.280 --> 21:28.800] The copies that have submitted to the court was in the form of discovery document and
[21:28.800 --> 21:32.400] they have black bars over a bunch of the numbers.
[21:32.400 --> 21:41.560] So I'm thinking that black bars over the numbers just tends to make them not accurate,
[21:41.560 --> 21:42.760] the account numbers.
[21:42.760 --> 21:47.000] So the only last four digits the account number are showing.
[21:47.000 --> 21:52.560] Oh, okay, so you have no idea what that account number really is.
[21:52.560 --> 21:53.560] Right, right.
[21:53.560 --> 21:59.000] You're sure it's an account number and not a social security number?
[21:59.000 --> 22:00.920] I can't tell.
[22:00.920 --> 22:01.920] You're right.
[22:01.920 --> 22:08.600] And that defense has been used and people have succeeded in Wisconsin based upon what
[22:08.600 --> 22:14.440] I've read in the Pellet Breaker.
[22:14.440 --> 22:22.280] So apparently submitting accurate copies to the court and to the consumer, so far the
[22:22.280 --> 22:29.760] only copy I received was via the e-file system with the black bars.
[22:29.760 --> 22:37.160] They sent paper copies to a address that I'm not at after they were noticed of a correct
[22:37.160 --> 22:39.680] address to send me paper copies to.
[22:39.680 --> 22:44.200] I'm sure that got a bar grievance.
[22:44.200 --> 22:50.960] But I'm staggering my bar grievances, but yes, that is going to get a bar grievance.
[22:50.960 --> 22:57.280] I did get mentioned in my filings under I called up a Wisconsin Supreme Court case that
[22:57.280 --> 23:03.360] talks about how playing nice in discovery is important and we should all play nice.
[23:03.360 --> 23:11.480] And so when I was going to the conduct of this attorney, the unconscionability, this
[23:11.480 --> 23:18.600] case being a mess and blaming him for in his conduct for making it a mess, because I'm
[23:18.600 --> 23:27.080] sure the court's position is this thing's a mess, what the heck, and all right, the
[23:27.080 --> 23:29.800] part of the blame here is this guy.
[23:29.800 --> 23:35.280] And so we'll see how the court decides to handle it.
[23:35.280 --> 23:41.160] All I can do is throw it down and go from there, the same day throwing down the dismissed
[23:41.160 --> 23:42.920] his attorney.
[23:42.920 --> 23:50.120] Did you send in a request for financial disclosure from the judge?
[23:50.120 --> 23:55.760] I have not because I've not found where financial disclosure is a thing in Wisconsin.
[23:55.760 --> 23:57.760] Who cares?
[23:57.760 --> 23:59.560] Okay.
[23:59.560 --> 24:02.920] It stings him anyway.
[24:02.920 --> 24:08.840] He can say, I don't have to give financial disclosure and it makes him look bad.
[24:08.840 --> 24:09.840] He can object to it.
[24:09.840 --> 24:10.840] It makes him look bad.
[24:10.840 --> 24:13.000] He can be clean as a whistle.
[24:13.000 --> 24:22.000] It makes him look bad and it gives him notice that you're looking behind the curtain.
[24:22.000 --> 24:25.800] I just finally hadn't looked for it.
[24:25.800 --> 24:34.280] 2013, Center for Public Integrity, Justice Obscured is the title, 2013-1204, Wisconsin
[24:34.280 --> 24:37.080] earns F for judicial financial disclosure.
[24:37.080 --> 24:42.840] So I'm going to have to read that article.
[24:42.840 --> 24:49.640] California was the best and it got a C. But we don't care.
[24:49.640 --> 24:54.360] You ask for the disclosure, they object to it and you jump up and down, rail and rights
[24:54.360 --> 24:58.920] indignation, go to the appeals court, ask the appeals court to make that no-good rotten
[24:58.920 --> 25:04.480] scoundrel, release his financial record so we'll know he's not a no-good, graph-taking
[25:04.480 --> 25:11.080] scoundrel and it just looks bad.
[25:11.080 --> 25:13.480] I can do it for every judge then, right?
[25:13.480 --> 25:16.160] Yeah, I do it all the time.
[25:16.160 --> 25:17.160] And I'm sending them out all over.
[25:17.160 --> 25:19.760] I got one if you want it.
[25:19.760 --> 25:24.480] Send me an email to remind me and in the morning I will send it to you.
[25:24.480 --> 25:27.000] I've got the actual reports here in Wisconsin.
[25:27.000 --> 25:31.680] This article seems to give me what I'm looking for.
[25:31.680 --> 25:35.120] You've already sent me the financial disclosure request.
[25:35.120 --> 25:41.920] So yeah, I'll just start on that because certainly the part of the reason for hitting
[25:41.920 --> 25:47.640] them with the request for the Supreme Court to step in is to say, you know, the system
[25:47.640 --> 25:48.640] needs reform.
[25:48.640 --> 25:55.160] I can toss that in and then hit them with the judicial requests.
[25:55.160 --> 25:57.400] Why not?
[25:57.400 --> 26:09.920] All right, just for everybody else on this particular document, the way I crafted it
[26:09.920 --> 26:16.760] is I looked around at different states to see what kind of disclosures judges were required
[26:16.760 --> 26:26.520] to give and California had absolutely the best list of things the judge must reveal.
[26:26.520 --> 26:31.080] And the first half of this document is a list of all of those things that the California
[26:31.080 --> 26:36.840] legislature considered to be relevant to this issue.
[26:36.840 --> 26:41.360] And then it went out searching for all of the different ways judges have been hammered
[26:41.360 --> 26:44.840] for laundering their payoff money.
[26:44.840 --> 26:52.360] And I asked questions that goes to each of those money laundering techniques.
[26:52.360 --> 26:59.080] And in this thing, it requires that the judge not only reveal his finances, but the finances
[26:59.080 --> 27:06.760] of people connected with him within three degrees of co-sanguinity.
[27:06.760 --> 27:18.440] His brothers and sisters, his aunts and uncles, his cousins, his in-laws, oh, this will give
[27:18.440 --> 27:24.240] the judge so much misery.
[27:24.240 --> 27:25.240] It's all right.
[27:25.240 --> 27:32.160] Well, I didn't think that I couldn't find in code where it is, but apparently it does
[27:32.160 --> 27:33.160] exist.
[27:33.160 --> 27:39.640] And I'll have to read these links and follow this.
[27:39.640 --> 27:42.640] On the other side, it doesn't make any difference.
[27:42.640 --> 27:45.960] You can ask for anything you want.
[27:45.960 --> 27:49.040] Yeah, I suppose.
[27:49.040 --> 27:53.600] They could voluntarily give you anything you want, or they could object to it.
[27:53.600 --> 27:56.560] And if they object to it, they'll give you the case law you need.
[27:56.560 --> 28:02.960] Then you take their case law, bounce off of it, find your own, and give them a fight
[28:02.960 --> 28:13.320] over whether or not there's a perception that he is corrupt.
[28:13.320 --> 28:17.640] And at the end of the day, perception is everything.
[28:17.640 --> 28:28.080] Now, that may not be right, and that's how it works in the world we live in.
[28:28.080 --> 28:37.960] So they call us pro-says and use that perception to denigrate us, so we can call them corrupt
[28:37.960 --> 28:38.960] indirectly.
[28:38.960 --> 28:39.960] Yeah?
[28:39.960 --> 28:43.960] Okay, anything else, Mark?
[28:43.960 --> 28:44.960] This gives me something...
[28:44.960 --> 28:47.560] No, no, you can move on.
[28:47.560 --> 28:50.160] I'm assuming you've got more callers at this point.
[28:50.160 --> 28:53.160] Yeah, we've got a board full today.
[28:53.160 --> 28:54.160] All right.
[28:54.160 --> 28:58.880] Well, I've got an EDM machine I need to get back to.
[28:58.880 --> 28:59.880] And so...
[28:59.880 --> 29:02.280] Okay, have fun, Mark.
[29:02.280 --> 29:03.280] Get out of my...
[29:03.280 --> 29:04.280] Thank you.
[29:04.280 --> 29:05.280] You bet.
[29:05.280 --> 29:06.280] Thank you.
[29:06.280 --> 29:07.280] Bye-bye.
[29:07.280 --> 29:11.680] Okay, now we're going to Mauricio in Texas.
[29:11.680 --> 29:13.680] Did I pronounce that right?
[29:13.680 --> 29:18.280] Yes, sir, you actually did very well, Randy.
[29:18.280 --> 29:21.840] Okay, what do you have for us today?
[29:21.840 --> 29:28.800] Well, I'll give you a quick summary, because it's about the third time I call you on.
[29:28.800 --> 29:31.000] It began back in January.
[29:31.000 --> 29:39.920] Um, excuse me, back in January I was pulled over for having snow on my license plate,
[29:39.920 --> 29:49.040] and I stepped out of my automobile, locked the door, put it in my pocket, the alpha third
[29:49.040 --> 29:56.120] began to escalate, the traffic stopped, hang on, we're about to go to break, ready to
[29:56.120 --> 30:02.360] go, we're on radio, we'll be right back.
[30:02.360 --> 30:04.800] Could printed books soon be a thing of the past?
[30:04.800 --> 30:09.360] Apparently, a lot of kids these days are exchanging book pages for web pages.
[30:09.360 --> 30:14.600] I'm Dr. Catherine Albrecht, and I'll be back to tell you what's happening to literacy.
[30:14.600 --> 30:16.200] Privacy is under attack.
[30:16.200 --> 30:19.800] When you give up data about yourself, you'll never get it back again.
[30:19.800 --> 30:24.560] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.560 --> 30:29.480] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.480 --> 30:32.320] Privacy, it's worth hanging on to.
[30:32.320 --> 30:36.640] This public service announcement is brought to you by StartPage.com, the private search
[30:36.640 --> 30:40.160] engine alternative to Google, Yahoo, and Bing.
[30:40.160 --> 30:43.760] Start over with StartPage.
[30:43.760 --> 30:44.760] Forget books and magazines.
[30:44.760 --> 30:50.360] A recent study by the UK's National Literacy Trust found that text messages are the number
[30:50.360 --> 30:55.480] one reading material for kids today, and numbers two and three are email and Facebook.
[30:55.480 --> 31:00.720] That's not surprising, since cell phones and computers outnumber novels in most homes.
[31:00.720 --> 31:03.880] We adults are obviously not setting a very good example.
[31:03.880 --> 31:08.400] Of course, text messages are not known for their literary quality or for their outstanding
[31:08.400 --> 31:10.000] spelling and grammar.
[31:10.000 --> 31:12.160] In fact, there's some of the worst writing around.
[31:12.160 --> 31:17.200] So if you want your kids to develop basic English skills, tell them to unplug from Facebook
[31:17.200 --> 31:21.400] and turn off Twitter, then hand them an old-fashioned book.
[31:21.400 --> 31:51.240] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:51.520 --> 32:00.060] Call 888-910-4367 and see what our powder seeds and oil can do for you only at censususa.org.
[32:02.000 --> 32:04.960] Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:04.960 --> 32:07.380] In today's America, we live in a us against them society.
[32:07.380 --> 32:10.800] If we, the people, are ever going to have a free society, then we're going to have to
[32:10.800 --> 32:12.240] stand and defend our own rights.
[32:12.240 --> 32:15.520] Among those rights are the right to travel freely from place to place.
[32:15.520 --> 32:19.160] The right to act in our own private capacity, and most importantly, the right to due process
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[32:20.160 --> 32:24.080] courts afford us the least expensive opportunity to learn how to enforce and preserve our
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[32:28.000 --> 32:31.640] of Law Radio, has put together the most comprehensive teaching tool available that will help you
[32:31.640 --> 32:35.680] understand what due process is and how to hold courts to the rule of law. You can get
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[32:56.520 --> 32:59.520] have the free society we all want and deserve.
[32:59.520 --> 33:10.520] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:10.520 --> 33:33.520] Okay, we are back. Randy Kelton, Rule of Law Radio. And we're talking to Mauricio in
[33:33.520 --> 33:41.640] Texas. So you were stopped for having snow on your license plate. Now, that's a public
[33:41.640 --> 33:49.640] safety stop. When did the officers get probable costs?
[33:49.640 --> 34:01.400] I don't believe I follow the question. Okay. They stopped you for snow on a license plate.
[34:01.400 --> 34:09.480] Did they ask you for a driver's license? No, sir. Never actually got to that point.
[34:09.480 --> 34:14.440] What did they... You said they'd be escalated. How did they escalate from snow on a license
[34:14.440 --> 34:22.440] plate? Well, I... See, if I lived in any of the other states that recognized it, I would
[34:22.440 --> 34:28.840] be considered a legitimate medical marijuana user. I broke my pelvis when I was younger
[34:28.840 --> 34:36.960] and stayed with nerve damage. So instead of going by the advice of my doctor and following
[34:36.960 --> 34:43.520] a pain clinic, which wants me on a painkiller, muscle relaxer, blood thinner, anti-anxiety
[34:43.520 --> 34:51.120] pill, and flipping in a sleeping pill, I find it easier to have one or two smokes of it,
[34:51.120 --> 34:53.760] marijuana cigarette, and it alleviates my pain.
[34:53.760 --> 35:00.440] Hold on. You don't have to defend your marijuana use here. I get that. How did they get to
[35:00.440 --> 35:05.000] marijuana? Well, I stepped out of the car and he said
[35:05.000 --> 35:10.640] that he asked me when was the last time I smoked. And I told him I didn't understand
[35:10.640 --> 35:15.800] the nature of the question. And he exploded on me, said that he wasn't stupid. He was
[35:15.800 --> 35:23.280] out there freezing his behind off because he was looking for people like me. Now, one
[35:23.280 --> 35:28.680] thing I guess I left out is, as I was traveling down this two lane country road, I get to
[35:28.680 --> 35:34.120] the top of the hill and it's the sheriff, an unmarked sheriff in the ditch and a DPS
[35:34.120 --> 35:38.840] right behind them. I passed them up and as I passed them up, the car that was pulled
[35:38.840 --> 35:44.880] over takes off behind me. And sure enough, by the next hill, I'm pulled over and the
[35:44.880 --> 35:53.640] whole convoy of law enforcement are behind me. So before he's done complaining, they
[35:53.640 --> 36:01.080] put me in handcuffs. He starts hounding around the car trying to get into it. They eventually
[36:01.080 --> 36:07.040] reach in my pocket because I'm not saying anything. They reach in and they're telling
[36:07.040 --> 36:10.560] me, you know, they wouldn't want to get in the car. So I tell them, the only way you're
[36:10.560 --> 36:15.440] getting in the car is if I see a signed warrant by a judge. And besides that, I have nothing
[36:15.440 --> 36:21.760] else to say. They eventually get in my pocket to pull the key out, open the door. The guy
[36:21.760 --> 36:27.160] goes in, sees my center console and tells me I'm under arrest. They asked me if I had
[36:27.160 --> 36:32.040] anything to say. I told them I was cold and if I could please go inside of a car or something.
[36:32.040 --> 36:38.320] They put me in the car. We take off to the jail. I sit in jail for about 20 to 22 hours
[36:38.320 --> 36:48.400] roughly until a JP magistrates me out. I pay the fee to get my car back. I travel back home.
[36:48.400 --> 36:54.800] And then I receive a letter from the JP saying that they set up a bench trial for the citation,
[36:54.800 --> 37:00.840] which was obstruction, license plate, not having a driver's license and swerving out
[37:00.840 --> 37:10.000] of the lane. I sent a certified letter back stating that I did not request or consent
[37:10.000 --> 37:15.720] to such bench trial. Now keep in mind, I had already turned in Eddie's constitutional
[37:15.720 --> 37:21.160] challenge, but I still showed up the day of the scheduling occurred because I didn't
[37:21.160 --> 37:28.200] want to get hit for failure to appear. So I show up and it ends up being sort of like
[37:28.200 --> 37:35.200] an impromptu meeting between the JP and the attorney. And I'm sitting there.
[37:35.200 --> 37:45.880] Question. Was the judge present? Yes. We were in his personal office in the
[37:45.880 --> 37:50.920] courthouse. He wasn't wearing his black robe or anything like that, but he was sitting
[37:50.920 --> 37:55.880] there behind his desk. I was on the other side of the desk with the attorney sitting
[37:55.880 --> 38:00.240] next to me. Did any of the accusations against you amount
[38:00.240 --> 38:11.480] to more than a classy misdemeanor? On the citation, no. But the arresting for the possession
[38:11.480 --> 38:20.200] of marijuana, they actually hit me with a felony. Okay. So this was in a district court
[38:20.200 --> 38:29.800] that you had this hearing? Well, it was a JP court for the citation. And we went back
[38:29.800 --> 38:35.040] and he was trying to understand what the constitutional challenge was and I was explaining it to him.
[38:35.040 --> 38:39.400] I again told him, I go, look, I'm here. I'm special appearance, challenging subject matter,
[38:39.400 --> 38:44.200] jurisdiction. I go, I don't even know what this is. I object to all of these proceedings
[38:44.200 --> 38:49.560] considering the fact that you attempted to set me up on a bench trial without my consent.
[38:49.560 --> 38:54.520] You never asked me for a motion hearing and we never had an evidence hearing. I go, so
[38:54.520 --> 38:59.000] I don't even know what this is. He says, no, no, no, we're just trying to figure out what's
[38:59.000 --> 39:07.120] going on. And he admitted that he didn't read the constitution, the motion I put in. I told
[39:07.120 --> 39:13.880] him it's good reading. He should read it. Logically, I'm explaining myself with legal
[39:13.880 --> 39:20.840] ease versus Webster's dictionary. And the judge is putting his head in his hands on
[39:20.840 --> 39:26.560] his elbows on his desk, shaking his head and he's looking at the judge, the attorney saying,
[39:26.560 --> 39:33.000] I don't know what he's talking. I don't know what to do. And eventually it ends in kind
[39:33.000 --> 39:39.200] of what's going on. And as we're walking out, the attorney tells me, say, have you ever
[39:39.200 --> 39:45.600] used this before? I go, yes. He goes, well, what happened? I go, well, I'll set up my
[39:45.600 --> 39:51.920] record in the lower court, but I'm creating my own record. I go, I'll be found guilty.
[39:51.920 --> 39:56.960] I'll put in my appeal, move out to a court of record, and then I'll fight on my motions
[39:56.960 --> 40:01.840] and most of the time it just goes to limbo. I go, so two years later I go in and my motion
[40:01.840 --> 40:07.520] dismissed, it goes away. He goes, now, have you ever picked off a judge? I go, absolutely.
[40:07.520 --> 40:11.400] One time the judge was getting smart with me and I told him, you know what? I'm going
[40:11.400 --> 40:15.640] to be polite with you. I'll give you the option to recuse yourself before I outright disqualify
[40:15.640 --> 40:20.720] yourself because I deserve to be represented by a judge who is fair and partial and not
[40:20.720 --> 40:25.240] incompetent. Well, the attorney's eyes lit up when I said that. I go, yeah, that was
[40:25.240 --> 40:30.360] the face the judge made. He came out the podium, pointed it in my face, told me to follow him
[40:30.360 --> 40:34.480] out the courtroom, yelling to all available constables that if I was to get in my car
[40:34.480 --> 40:39.200] I was to be arrested. I go, so I stayed out there with the constables for about an hour
[40:39.200 --> 40:43.640] messing with the rookies, asking him, you know, hey, what are you doing enforcing transportation
[40:43.640 --> 40:48.040] code anyway since all you're supposed to be doing is issuing warrants to PNAs and being
[40:48.040 --> 40:52.960] a chase vehicle for DPS. And one of the four kids had the nerve to tell me that, well, it's
[40:52.960 --> 40:57.720] our policy. I said, well, Greg, please tell me, who wrote that policy down so I could
[40:57.720 --> 41:02.320] spell that name correctly to my criminal complaint to the Fixers Rangers because policy does
[41:02.320 --> 41:07.120] not supersede law. I go, I had these four people running left and right. I go and ask
[41:07.120 --> 41:13.240] for a judge. I ended up hitting him with criminal charges for witness tampering another thing.
[41:13.240 --> 41:18.040] So the attorney rolls his eyes and he just walks away from me. I walk out to my car and
[41:18.040 --> 41:23.120] the JP follows me out. He goes to his truck, grabs a pack of cigarettes, starts joking
[41:23.120 --> 41:27.680] with me at my car, lights up a cigarette in front of me as I turn on my car and just
[41:27.680 --> 41:32.320] takes off and he's smoking a cigarette on the step for a courthouse shaking his head.
[41:32.320 --> 41:41.600] This is back in April. Now, yesterday, I received a letter, a certified letter that says, precept
[41:41.600 --> 41:50.120] to serve copy of indictment. And it's about the marijuana thing. It's about the moving
[41:50.120 --> 41:58.480] violation. And there's nothing here that states anything about a court date or the fact that
[41:58.480 --> 42:03.040] I have to meet with my public defender or I don't even know if I've been given a public
[42:03.040 --> 42:09.480] defender name or I generally do not know exactly what this letter is I received nor how to
[42:09.480 --> 42:15.600] go about it. This is kind of a different ball game for me instead of traffic court.
[42:15.600 --> 42:24.920] Felony is a much different ball game, but this is unusual that you were given notice
[42:24.920 --> 42:34.120] of an indictment without a notice to appear. Now, when an indictment is handed down and
[42:34.120 --> 42:42.360] the person, hold on, the person has not been arrested. You were arrested. So when you hasn't
[42:42.360 --> 42:50.760] been arrested, then the clerk cannot enter notations in the minutes of the court but
[42:50.760 --> 42:59.720] must create a capious warrant. And the indictment is not presented to the court until the person
[42:59.720 --> 43:08.360] is arrested, but you've already been arrested. However, you were not given an examining trial
[43:08.360 --> 43:14.520] and you were stopped based on an obstructed license plate that was obstructed by snow,
[43:14.520 --> 43:23.600] which does not give them evidence of Menzraeus. I mean, it's not like they had reason to believe
[43:23.600 --> 43:26.680] you went back there and packed snow on that license plate. That's just something that
[43:26.680 --> 43:32.920] occurred. So they did not have probable cause for the stop. You got a real good case here.
[43:32.920 --> 43:40.800] Hang on. We're at the Kelton rule of law radio. Call in number 512-646-1984. We have
[43:40.800 --> 43:45.360] our phone lines open. We'll keep them open all night. So if you have a question or comment,
[43:45.360 --> 44:03.800] give us a call. We'll be right back.
[44:03.800 --> 44:21.600] We're at the Kelton rule of law radio. We're at the Kelton rule of law radio. We're at
[44:21.600 --> 44:42.520] the Kelton rule of law radio. We're at the Kelo Line rule of law radio. We're at the
[44:42.520 --> 44:50.400] Kelton rule of law radio. We're at the Kelo Line rule of law radio. We're at the Kelton
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[46:15.400 --> 46:23.400] Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Mauricio in Texas.
[46:23.400 --> 46:34.400] It sounds like you've got a very solid case, as they had no probable cause for the stop in the first place.
[46:34.400 --> 46:43.400] If you're on a back road and it's snowy and you've got snow on your license plate, hardly can be construed probable cause for the stop.
[46:43.400 --> 46:50.400] Did the officer claim that he smelled marijuana when you opened the door?
[46:50.400 --> 46:53.400] No, sir. He never had a chance to get that close to me.
[46:53.400 --> 46:55.400] Perfect.
[46:55.400 --> 47:03.400] I met him at the back of the car, and it was, I would say, at least 30 degrees.
[47:03.400 --> 47:10.400] So it was so cold, it'd be hard to be even smelling, and he had to be piping out of the gas pipe for crisis.
[47:10.400 --> 47:19.400] Okay, so he didn't have the opportunity to claim he smelled marijuana and you were smart enough to lock it up?
[47:19.400 --> 47:21.400] Oh, absolutely.
[47:21.400 --> 47:29.400] Okay, and you were not taken directly to the nearest magistrate, the way the code requires.
[47:29.400 --> 47:37.400] You really need to file criminal charges against the magistrate who did the registration.
[47:37.400 --> 47:40.400] Before I go there, let me take a step back.
[47:40.400 --> 47:48.400] When you were arrested, were you taken to a jail in the county where you were arrested?
[47:48.400 --> 47:57.400] Yes, sir. It was there county jail. It's a monarch county. It's a small county of 2,000 people in the entire county.
[47:57.400 --> 48:00.400] Okay, this is why I asked that question.
[48:00.400 --> 48:15.400] 15.17 is the statute they used to authorize or purport to authorize what they call a magistration, where a magistrate comes in and advises you of your rights.
[48:15.400 --> 48:34.400] Problem, that only applies to a person arrested on an out of county warrant and taking to a magistrate in the county where he's arrested that is not the county from which the warrant originated.
[48:34.400 --> 48:45.400] And that is only a stop gap until they get you to the county from which the warrant originated, then they're required to bring you before a magistrate.
[48:45.400 --> 48:55.400] If you'll read the warrants, they almost always say, arrest this person and bring him before me.
[48:55.400 --> 49:03.400] And the reason it says that is that the warrant was issued based on an expert's hearing.
[49:03.400 --> 49:11.400] By necessity, you weren't there. If you were there, there couldn't be a warrant because you're already before the magistrate.
[49:11.400 --> 49:18.400] So someone comes to the magistrate and asks for a warrant and they issue it without you being there.
[49:18.400 --> 49:26.400] So when you're arrested, they're required to take you back before the magistrate who issued the warrant and hold a proper examining trial.
[49:26.400 --> 49:34.400] If you're arrested without warrant, there is no question Chapter 15 does not apply at all.
[49:34.400 --> 49:37.400] Chapter 14 applies.
[49:37.400 --> 49:48.400] And I made this argument in a traffic court recently where the judge called me up and I said, he asked me how I please.
[49:48.400 --> 49:57.400] I'm here at arms link to the court, your honor. I have a challenge subject matter jurisdiction before the court and I'm only here for my examining trial.
[49:57.400 --> 49:59.400] So I want you to hold my examining trial.
[49:59.400 --> 50:03.400] Well, Mr. Kelton, this is a classy mystery. Yes, I understand that your honor.
[50:03.400 --> 50:10.400] He said, well, you only have a right to an examining trial in the case of an offality.
[50:10.400 --> 50:22.400] I said, yeah, I'm familiar with 16.01 saying that and the Clark decision that said you only have a right to an examining trial in the case of a felony.
[50:22.400 --> 50:39.400] But doesn't make any difference because whether I have the right or not because 14.1 14.06 commands the arresting officer to taking directly to the nearest magistrate for an examining trial.
[50:39.400 --> 50:55.400] 543.006 requires the officer at a traffic stop to accept your signature on promise to appear before a magistrate, not a trial judge.
[50:55.400 --> 51:01.400] And when I appear before the magistrate, the only thing the magistrate can do is hold an examining trial.
[51:01.400 --> 51:14.400] So I want you to hold an examining trial. After that little back and forth was over, the judge told me that he said, you know, I represent criminal clients in my practice.
[51:14.400 --> 51:27.400] And oh, I'm sorry, what I told him was since 14.06 commands the officer to bring me before a magistrate and the magistrate is commanded to hold an examining trial.
[51:27.400 --> 51:32.400] That goes to do process and do process is something I have a right to.
[51:32.400 --> 51:41.400] And he said he'd been trying to get examining trials for his clients and the judges cited 16.01 saying they didn't have a right to it.
[51:41.400 --> 51:45.400] He said, I could use these arguments in my case.
[51:45.400 --> 51:49.400] So I will get you this argument.
[51:49.400 --> 52:06.400] And here you were charged with a felony and they had duty to bring you directly to the nearest magistrate where you would have told the magistrate and they would have told the magistrate that they pulled you over for having snow on your license plate.
[52:06.400 --> 52:10.400] And how many officers were present?
[52:10.400 --> 52:14.400] It must have been two shares and two DPS.
[52:14.400 --> 52:19.400] Okay, so four vehicles stopped you for snow on your license plates.
[52:19.400 --> 52:23.400] Who's going to buy that story?
[52:23.400 --> 52:25.400] What grand jury is going to buy the story?
[52:25.400 --> 52:28.400] I hope you have all their names.
[52:28.400 --> 52:30.400] See, and I even know, sir, I don't.
[52:30.400 --> 52:31.400] I did.
[52:31.400 --> 52:34.400] I never actually had an opportunity.
[52:34.400 --> 52:38.400] The two DPS were in one car alone.
[52:38.400 --> 52:43.400] The unmarked Tahoe that was in the ditch was the guy that grabbed me right away, put me in handcuffs.
[52:43.400 --> 52:50.400] So I positioned myself in front of the Tahoe so I could be in front of the camera in case things really got ugly.
[52:50.400 --> 52:53.400] And like I said, they kept hounding around my car.
[52:53.400 --> 52:54.400] They even lost my ID.
[52:54.400 --> 52:58.400] I gave it to the officer there and he threw it on the trunk of the car.
[52:58.400 --> 53:02.400] And when I went to grab my position, that was one of the things that was missing.
[53:02.400 --> 53:03.400] So it was...
[53:03.400 --> 53:08.400] Excuse me, Steve, on the identity theft.
[53:08.400 --> 53:12.400] Just for yucks.
[53:12.400 --> 53:20.400] The officer, the one that initiated the pull-over, when I told him that he needed a warrant to get in my car,
[53:20.400 --> 53:28.400] he said that he didn't care and neither would the jury once they saw whatever he found.
[53:28.400 --> 53:30.400] Oh, we'll see how that works for you.
[53:30.400 --> 53:33.400] We see what a grand jury thinks about it.
[53:33.400 --> 53:47.400] And I'm glad you say grand jury because this certificate that I received has a letter from a grand jury and signs from a foreman of the grand jury of the filing of the indictment.
[53:47.400 --> 53:51.400] How old is this indictment?
[53:51.400 --> 53:55.400] It was filed on September 15th at one o'clock.
[53:55.400 --> 53:57.400] This year?
[53:57.400 --> 53:58.400] Yes, sir.
[53:58.400 --> 54:00.400] Oh, wonderful.
[54:00.400 --> 54:07.400] You need to send back to him a set of criminal complaints against these officers.
[54:07.400 --> 54:09.400] Is the foreman?
[54:09.400 --> 54:12.400] Yeah.
[54:12.400 --> 54:32.400] The grand jury 20.09 Texas Code of Criminal Procedure says, the grand jury shall investigate into all crimes that come to their knowledge by way of any member of the grand jury, the prosecuting attorney, or any credible person.
[54:32.400 --> 54:37.400] Have you ever been convicted of a felony?
[54:37.400 --> 54:40.400] I've never even been arrested.
[54:40.400 --> 54:43.400] Are you over 18?
[54:43.400 --> 54:45.400] Yes, sir.
[54:45.400 --> 54:50.400] You are a credible person by definition.
[54:50.400 --> 55:01.400] So make up a set of criminal complaints against these officers that they clearly stopped you in order to search your car for drugs.
[55:01.400 --> 55:08.400] That their alleged probable cause was nonsense.
[55:08.400 --> 55:14.400] The DPS didn't bother to stop you for a traffic citation and he could have.
[55:14.400 --> 55:17.400] But the sheriff's deputy did.
[55:17.400 --> 55:26.400] First thing you need to do is send a letter to the county, the judge of the county commissioners court.
[55:26.400 --> 55:41.400] And request the appointment of this officer by the county commissioners for the purpose of enforcing the transportation code under 701.001.
[55:41.400 --> 55:45.400] That'll get the retention.
[55:45.400 --> 55:48.400] This is what the code says.
[55:48.400 --> 55:53.400] The code says that the Department of Public Safety enforces transportation code.
[55:53.400 --> 56:04.400] However, a county commissioners court can assign five sheriff's deputies to enforce transportation code on motorcycles.
[56:04.400 --> 56:10.400] Whether they don't have to use motorcycles, but the county commissioners court has to appoint them.
[56:10.400 --> 56:14.400] When I brought that to my county, they had no idea what I was talking about.
[56:14.400 --> 56:17.400] But I cited the code.
[56:17.400 --> 56:21.400] And two months later, I went to the sheriff's department on a different issue.
[56:21.400 --> 56:31.400] And something about that, about 701.001 came up and this lieutenant said, oh yeah, I'm familiar with that.
[56:31.400 --> 56:38.400] That county commissioners court judge went to the sheriff and said, what in the world is going on here?
[56:38.400 --> 56:42.400] And they checked my code and found it was correct.
[56:42.400 --> 56:52.400] So you can show by code that the arrogant smart mouth deputy didn't have authority to pull you over.
[56:52.400 --> 56:55.400] And this is the way I read the code.
[56:55.400 --> 57:00.400] When the officer turned on his.
[57:00.400 --> 57:06.400] Whoa, I was outside and some truck blew by.
[57:06.400 --> 57:22.400] The way I read the code, the officer when he turned his lights on you did so under authority of the text transportation code at 543.3 something.
[57:22.400 --> 57:26.400] But he didn't have authority to enforce the text transportation code.
[57:26.400 --> 57:36.400] Therefore, he exerted a purported exerted authority did not express to have and we stepped out of his vehicle.
[57:36.400 --> 57:40.400] He was cloaked in the uniform of a peace officer.
[57:40.400 --> 57:48.400] But he was acting in the capacity of a police officer, which he was not.
[57:48.400 --> 57:53.400] Therefore, he was impersonating a public official.
[57:53.400 --> 58:04.400] And he's when he turned his lights on, he seized you for fourth and he arrested your freedom of movement and sees you for fourth amendment rights.
[58:04.400 --> 58:09.400] And he did so while prominently displaying a deadly weapon.
[58:09.400 --> 58:15.400] The way I read 2202 B2 a Texas penal code.
[58:15.400 --> 58:19.400] That's a felony of the first degree.
[58:19.400 --> 58:23.400] You won't play hardball, Bubba.
[58:23.400 --> 58:33.400] Let's dance and you definitely need to file a T close complaint against all of them.
[58:33.400 --> 58:38.400] Have you seen my traffic ticket website?
[58:38.400 --> 58:40.400] No, they're not yet.
[58:40.400 --> 58:44.400] You need to go to traffic ticket website.
[58:44.400 --> 58:50.400] There's a little traffic ticket thing on the citation that we received.
[58:50.400 --> 58:54.400] Would you like to make more definite progress in your walk with God?
[58:54.400 --> 59:01.400] Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.400 --> 59:06.400] The New Testament recovery version is one of the most comprehensive study Bibles available today.
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[59:13.400 --> 59:18.400] The free books are a three volume set called basic elements of the Christian life.
[59:18.400 --> 59:27.400] Chapter by chapter, basic elements of the Christian life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
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[59:33.400 --> 59:44.400] call Bibles for America toll free at 888-551-0102. That's 888-551-0102.
[59:44.400 --> 59:49.400] Or visit us online at bfa.org.
[59:49.400 --> 59:55.400] Live free speech radio, logosradionetwork.com.
[01:00:20.400 --> 01:00:30.400] Markets for Wednesday the 20th of September 2017 closed with gold at $1,300.83 an ounce, silver $17.17 an ounce,
[01:00:30.400 --> 01:00:41.400] Texas Crude $49.48 a barrel, Bitcoin is about $3,961 and Dashcoin sits about 343 U.S. currency.
[01:00:41.400 --> 01:00:48.400] Today in history, the year 2011, the United States military under direction of the Obama administration
[01:00:48.400 --> 01:00:53.400] ends its Don't Ask Don't Tell policy, originally put into law during the Clinton administration.
[01:00:53.400 --> 01:01:03.400] Repealing Don't Ask Don't Tell has allowed gay and lesbian men and women to serve openly in the military for the first time.
[01:01:03.400 --> 01:01:11.400] In recent news, at least 225 people have been confirmed dead as a result of yesterday's 7.1 earthquake,
[01:01:11.400 --> 01:01:19.400] which struck 34 miles southwest of the city of Puebla in Mexico, 32 years to the day after the city's infamous quake
[01:01:19.400 --> 01:01:27.400] that struck in 1985, which killed as many as 10,000 people. The most recent quake less than two weeks after the magnitude 8.1 earthquake
[01:01:27.400 --> 01:01:32.400] on the 7th of this month, the epicenter of which was about 60 miles off the coast of Chiapas.
[01:01:32.400 --> 01:01:38.400] Civil protection officials at the scene of at least 44 different locations where partially classed buildings are in the city
[01:01:38.400 --> 01:01:44.400] are reporting at least 50 people being rescued out of them who are still alive, along with many dead bodies as well.
[01:01:44.400 --> 01:01:48.400] Many more people are thought to be trapped within the wreckage of these damaged buildings.
[01:01:48.400 --> 01:01:51.400] Mexican officials are stating that at least 39 buildings have been entirely destroyed.
[01:01:51.400 --> 01:01:56.400] Families fearing aftershocks have prepared to sleep on the streets in Mexico City.
[01:01:56.400 --> 01:02:07.400] A 6.1 magnitude earthquake has just hit off the eastern coast of Japan about 200 miles from the Fukushima power plant
[01:02:07.400 --> 01:02:12.400] that has been in critical condition since it was struck by a tsunami in March of 2011.
[01:02:12.400 --> 01:02:17.400] The quake was about 10 kilometers into the Earth's crust and there has been no reports of damages as of yet
[01:02:17.400 --> 01:02:23.400] and a tsunami warning has not been issued. This is the third large quake to strike in the last 24 hours
[01:02:23.400 --> 01:02:27.400] after the disaster has won in Mexico and a smaller one in New Zealand.
[01:02:31.400 --> 01:02:37.400] Astronomers have informed the public that in just this past week, three never-before-discovered asteroids were spotted
[01:02:37.400 --> 01:02:40.400] after they flew by Earth around the close of the three.
[01:02:40.400 --> 01:02:48.400] The largest asteroid 2017 SQ2 was spotted in hindsight on Monday, nearly four days after the warehouse-sized chunk of space rock
[01:02:48.400 --> 01:02:57.400] was struck by 125,000 miles above Earth. This was work roadied with your lowdown for September 20, 2017.
[01:03:19.400 --> 01:03:26.400] Okay, we are back. We're in the Kelton Rural Law Radio and we're talking to Mauricio in Texas.
[01:03:26.400 --> 01:03:33.400] So, Mauricio, it sounds like from talking to you that a lot of what I'm saying to you, you already know.
[01:03:33.400 --> 01:03:34.400] Yes.
[01:03:34.400 --> 01:03:39.400] To take it, this is not your first rodeo.
[01:03:39.400 --> 01:03:44.400] No, sir. I don't go into a fight unless I've picked it.
[01:03:44.400 --> 01:03:51.400] Unfortunately, this was a fight that I did not intend to throw a partake in, but it fell upon me.
[01:03:51.400 --> 01:03:59.400] So, I want to at least take care of myself and maintain a clean record and not be branded as a felon,
[01:03:59.400 --> 01:04:03.400] especially for a non-victim crime.
[01:04:03.400 --> 01:04:12.400] So, the way I go after charges and the last one against me was a class A misdemeanor.
[01:04:12.400 --> 01:04:16.400] It dismissed the case to protect my lawyer from me.
[01:04:16.400 --> 01:04:22.400] It is my opinion that the best defense is a good effective offense.
[01:04:22.400 --> 01:04:31.400] The first thing you want to do is to close complaint against every officer involved.
[01:04:31.400 --> 01:04:39.400] To close complaints like a bar grievance against a lawyer, it's going to sting them good.
[01:04:39.400 --> 01:04:43.400] To close complaint is valid, invalid. It don't matter.
[01:04:43.400 --> 01:04:47.400] It goes against their record and stays there forever.
[01:04:47.400 --> 01:04:57.400] But first thing I would suggest you do if you have not already is sit down and write out a timeline.
[01:04:57.400 --> 01:05:01.400] Timeline, not a detailed explanation.
[01:05:01.400 --> 01:05:03.400] Timeline has no explanations.
[01:05:03.400 --> 01:05:08.400] This happened, and this happened, and this happened, and this happened.
[01:05:08.400 --> 01:05:16.400] Once you have that written out, now you can go back and start filling in the pieces in between.
[01:05:16.400 --> 01:05:24.400] When you're involved in something, you tend to move from one emotional high point to the next to the next to the next.
[01:05:24.400 --> 01:05:32.400] And when you tell about what occurred, you tend to move around in those emotional high points.
[01:05:32.400 --> 01:05:37.400] Sometimes they're in chronological order, sometimes they're not.
[01:05:37.400 --> 01:05:43.400] Sometimes the order is important, sometimes the order is not relevant, so you don't even mention it.
[01:05:43.400 --> 01:05:52.400] And I get into a discussion about how memory works, but this is very bad on memory.
[01:05:52.400 --> 01:06:01.400] When you remember something, the impression is that we go in and read some memory out of our brain,
[01:06:01.400 --> 01:06:04.400] not the way it turns out that it works.
[01:06:04.400 --> 01:06:07.400] We go in and we pull that out.
[01:06:07.400 --> 01:06:11.400] We re-experience it in the telling and put it back.
[01:06:11.400 --> 01:06:16.400] So what was originally there is not necessary there anymore.
[01:06:16.400 --> 01:06:23.400] Now you have the second telling, so if you left details out, those details won't be there.
[01:06:23.400 --> 01:06:28.400] Who hasn't told a story and somebody has asked, well, did that happen to you?
[01:06:28.400 --> 01:06:34.400] Well, the telling of the story, whether it happened to me or not, wasn't relevant, so you didn't include that.
[01:06:34.400 --> 01:06:38.400] And you have to think sometimes, I don't remember.
[01:06:38.400 --> 01:06:40.400] It's a great story.
[01:06:40.400 --> 01:06:43.400] And that's what happens is you lose details.
[01:06:43.400 --> 01:06:48.400] So don't try to explain everything that happened.
[01:06:48.400 --> 01:06:54.400] Just build a lattice work, a frame to work from.
[01:06:54.400 --> 01:06:56.400] This happened, this happened, this happened, this happened.
[01:06:56.400 --> 01:06:58.400] Now go back.
[01:06:58.400 --> 01:07:02.400] Now you have a frame of reference to keep everything in order.
[01:07:02.400 --> 01:07:06.400] And if you've lost any details, this will help you reconstruct them.
[01:07:06.400 --> 01:07:09.400] Does that make sense for you?
[01:07:09.400 --> 01:07:21.400] No, absolutely, because as you were mentioning all that, I did remember another part that would have been mentioned if I had a timeline instead of going off of memory.
[01:07:21.400 --> 01:07:26.400] And it would throw in a criminal complaint against a fifth officer.
[01:07:26.400 --> 01:07:31.400] Oh, you need to, you back up, run that timeline and then come back on the air.
[01:07:31.400 --> 01:07:36.400] We'll walk through the timeline and what I do is I audit.
[01:07:36.400 --> 01:07:39.400] I audit based on code.
[01:07:39.400 --> 01:07:49.400] I know the code and I look for everything that can be construed as an improper act on part of the officers.
[01:07:49.400 --> 01:07:56.400] Now, I don't care if they can be convicted, not my concern.
[01:07:56.400 --> 01:08:05.400] My concern is do I have sufficient evidence to indicate that the code was technically violated?
[01:08:05.400 --> 01:08:07.400] It's all I care about.
[01:08:07.400 --> 01:08:15.400] So I will probably pull you out more criminal accusations you can make than you can actually get to.
[01:08:15.400 --> 01:08:24.400] The reason I like to do that is we do the timeline, then we turn the timeline into a statement of facts.
[01:08:24.400 --> 01:08:31.400] And then we walk down the facts and just start marking out all the different complaints that we can lodge.
[01:08:31.400 --> 01:08:44.400] Once we have that, then we make up this story with a moral that explains why these officers are doing what they're doing.
[01:08:44.400 --> 01:08:58.400] And then we go back and look at the complaints that we can lodge that tend to support our story and tend to answer the questions that will come into the mind of the reader.
[01:08:58.400 --> 01:09:06.400] Well, why would that officer risk committing this criminal act just to get an arrest?
[01:09:06.400 --> 01:09:19.400] That's why he would risk that criminal act because this magistrate over here with whom we filed a criminal complaint against him committed a crime in order to shield this guy from prosecution.
[01:09:19.400 --> 01:09:28.400] And then when we filed against the magistrate with the higher judge, the higher judge committed the same crime and the district judge, same thing.
[01:09:28.400 --> 01:09:30.400] They all lined up to protect him.
[01:09:30.400 --> 01:09:38.400] The officer would do this kind of stuff, even though it sounds horrendous, because he knows everybody's going to protect him.
[01:09:38.400 --> 01:09:52.400] So we build a story and then we go inside and say, okay, where can we start setting up defenses by going in and trying to get these officials to do what they're supposed to do?
[01:09:52.400 --> 01:09:55.400] And we just start adding in more and more complaints.
[01:09:55.400 --> 01:10:01.400] And when we get to the grand jury, we will have a whole set of complaints.
[01:10:01.400 --> 01:10:09.400] You might go look at jurisimprudence.website and go to the Cherokee County section.
[01:10:09.400 --> 01:10:12.400] There's a section in there with a set of criminal complaints.
[01:10:12.400 --> 01:10:17.400] I've got 35 complaints in there and associated with it.
[01:10:17.400 --> 01:10:24.400] I have a statement, a statement of factual accusation.
[01:10:24.400 --> 01:10:29.400] And read that statement.
[01:10:29.400 --> 01:10:40.400] I state what these guys did in the verbiage of the code that they violated and stipulate each of the elements.
[01:10:40.400 --> 01:10:42.400] And then I go to the next one.
[01:10:42.400 --> 01:10:49.400] I may have two people acting in concert inclusion, a judge and a clerk or a judge and a prosecutor.
[01:10:49.400 --> 01:10:53.400] And I go down the story in that mode.
[01:10:53.400 --> 01:10:58.400] And then I go back to the top and each place I spoke of a criminal accusation,
[01:10:58.400 --> 01:11:05.400] I take that part of the statement out and I drop it inside a criminal affidavit.
[01:11:05.400 --> 01:11:09.400] So that you read the accurate, the statement.
[01:11:09.400 --> 01:11:14.400] And then you go back and you start reading these complaints one at a time.
[01:11:14.400 --> 01:11:22.400] And you will tend to remember where this was at in the statement because it's the exact same verbiage.
[01:11:22.400 --> 01:11:32.400] So the reader sees these things a couple of times and he sees the complaint in the context of the story that I made up.
[01:11:32.400 --> 01:11:35.400] No, that story was a whopper.
[01:11:35.400 --> 01:11:39.400] But it was a good story.
[01:11:39.400 --> 01:11:41.400] Look at that.
[01:11:41.400 --> 01:11:46.400] That'll give you the idea of how to construct this, how we lay it out.
[01:11:46.400 --> 01:11:54.400] And always when we're building this, keep in mind everything you say, everything you claim.
[01:11:54.400 --> 01:12:02.400] What question would that bring into the mind of a reasonable person of ordinary prudence?
[01:12:02.400 --> 01:12:11.400] Joe Blow, beer truck driver, six kids, works all the time, gets called a cherry duty.
[01:12:11.400 --> 01:12:17.400] What's he going to think when you say this or an accountant, what questions are going to come to their mind?
[01:12:17.400 --> 01:12:28.400] Make sure you anticipate those questions and construct your statements so that it either answers the question before it comes to mind,
[01:12:28.400 --> 01:12:38.400] or there are times we want them to have a question and then we answer that question immediately and give them closure.
[01:12:38.400 --> 01:12:44.400] Once you have that done, then we start going after them.
[01:12:44.400 --> 01:12:46.400] It's all political.
[01:12:46.400 --> 01:12:50.400] You'll never win your case simply because you have the law and the facts on your side.
[01:12:50.400 --> 01:12:52.400] To think so is naive.
[01:12:52.400 --> 01:12:54.400] Keep saying this.
[01:12:54.400 --> 01:13:02.400] You'll win your case if you have the politics on your side and this whole statement routine is about politics.
[01:13:02.400 --> 01:13:10.400] It's about that prosecutor reading your statement to the grand jury and you already got the foreman's name.
[01:13:10.400 --> 01:13:21.400] Reading your statement that you sent to the grand jury and thinking, what's that grand jury going to think when they read this?
[01:13:21.400 --> 01:13:27.400] Am I going to be able to talk them out of indicting these officers?
[01:13:27.400 --> 01:13:35.400] The best thing I ever heard a prosecutor say about a grand jury is Greg Lowry, the district attorney for Wise County,
[01:13:35.400 --> 01:13:40.400] walked in his office and he's sitting with his head in his hand and I said, what's the matter, Greg?
[01:13:40.400 --> 01:13:53.400] And he looked up at me with this pained expression on his face and said, those darn grand jurors, you never know what they're going to do.
[01:13:53.400 --> 01:14:01.400] And I raised both hands up, looked up at the ceiling and said, there is a God.
[01:14:01.400 --> 01:14:04.400] I couldn't have heard anything better.
[01:14:04.400 --> 01:14:11.400] I know you hear a lot of stuff about prosecutors stacking the grand jury.
[01:14:11.400 --> 01:14:15.400] Well, our founders knew what they were doing when they created grand jurors.
[01:14:15.400 --> 01:14:20.400] They made it really hard to sit on a grand jury.
[01:14:20.400 --> 01:14:27.400] So it is really hard for prosecutors to find a full grand jury.
[01:14:27.400 --> 01:14:30.400] So they don't get to stack them.
[01:14:30.400 --> 01:14:34.400] They don't have enough people to stack them.
[01:14:34.400 --> 01:14:41.400] And the grand jury is always a crap shoot.
[01:14:41.400 --> 01:14:49.400] So when you start for the grand jury, anybody who interferes with you, you file against them for witness tampering, obstruction.
[01:14:49.400 --> 01:14:54.400] If anybody even says to you, you got to be careful.
[01:14:54.400 --> 01:14:56.400] You get a lot of trouble doing this.
[01:14:56.400 --> 01:14:59.400] That always gets a 911 call from me.
[01:14:59.400 --> 01:15:02.400] And that gets witness tampering and obstruction.
[01:15:02.400 --> 01:15:05.400] I accuse him of threatening me.
[01:15:05.400 --> 01:15:07.400] And he's going to say, well, I didn't threaten him.
[01:15:07.400 --> 01:15:16.400] So maybe you didn't mean it as a threat, but I took it as a threat and you have to take me as you find me.
[01:15:16.400 --> 01:15:20.400] It doesn't matter what you intended, it doesn't matter what I took.
[01:15:20.400 --> 01:15:23.400] You file against them for that.
[01:15:23.400 --> 01:15:29.400] Then the prosecutors got to look at the prospect of his officers getting indicted.
[01:15:29.400 --> 01:15:34.400] The indictment will undermine your indictment.
[01:15:34.400 --> 01:15:43.400] Most of what you want is you want them to come to the table and make a deal you can't deal without.
[01:15:43.400 --> 01:15:50.400] It's primarily that keeps that felony off your record and keeps you out of jail.
[01:15:50.400 --> 01:15:57.400] Once the deal is done, then you can go back and find them all you want to once your liberty is secured.
[01:15:57.400 --> 01:16:00.400] Does that make sense, Mauricio?
[01:16:00.400 --> 01:16:01.400] Absolutely.
[01:16:01.400 --> 01:16:06.400] That's the key thing is to protect my liberty right now and my way of life.
[01:16:06.400 --> 01:16:13.400] You get it with that felony, well, and there goes all of my business contracts and stuff like that.
[01:16:13.400 --> 01:16:18.400] Don't you dare fight this to the end just because it's the right thing to do.
[01:16:18.400 --> 01:16:20.400] Protect your liberty first.
[01:16:20.400 --> 01:16:27.400] Once your liberty is secured, then you can go back and find them and beat them up all you want to.
[01:16:27.400 --> 01:16:29.400] Okay, that's my story.
[01:16:29.400 --> 01:16:30.400] I'm sticking to it.
[01:16:30.400 --> 01:16:31.400] About to go to break.
[01:16:31.400 --> 01:16:39.400] Welcome to Law Radio on this Friday, the 22nd day of September, 2017.
[01:16:39.400 --> 01:16:41.400] Our phone lines are open.
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[01:16:49.400 --> 01:16:51.400] We do four hours tonight.
[01:16:51.400 --> 01:16:55.400] We've got a couple more hours to go, so we will get to everybody.
[01:16:55.400 --> 01:16:59.400] We'll be right back.
[01:16:59.400 --> 01:17:01.400] I love Logos.
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[01:19:00.400 --> 01:19:22.400] This is the Logos Radio Net Radio.
[01:19:22.400 --> 01:19:29.400] Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Mauricio in Texas.
[01:19:29.400 --> 01:19:33.400] Okay, I've been running my mouth this whole time.
[01:19:33.400 --> 01:19:36.400] Okay, what do you have planned?
[01:19:36.400 --> 01:19:44.400] Because I'm sure you got something up your sleeve with as much experience as you already have.
[01:19:44.400 --> 01:19:47.400] Well, there are different routes I was thinking about.
[01:19:47.400 --> 01:19:49.400] You brought up a good couple of ones.
[01:19:49.400 --> 01:19:56.400] I was thinking I threw to the point in trees since the initial stop was illegal itself.
[01:19:56.400 --> 01:20:02.400] Like I said, I have yet to meet who my public defender is, so I wanted to hit him with a couple of motions,
[01:20:02.400 --> 01:20:04.400] that he needed to be adjudicated.
[01:20:04.400 --> 01:20:07.400] And if he didn't, I hit him with park raving for each one in between.
[01:20:07.400 --> 01:20:11.400] Like we can between and kind of swim him out like that.
[01:20:11.400 --> 01:20:20.400] So I'm really, like I said, I was kind of dropkick with the certificate here.
[01:20:20.400 --> 01:20:26.400] And so what I think I may do with your permission is I'll go ahead and write up the detail,
[01:20:26.400 --> 01:20:31.400] or not full detail, but the exact timeline.
[01:20:31.400 --> 01:20:38.400] Email it to you and be in contact with you back and forth to see if we can create some sort of game plan.
[01:20:38.400 --> 01:20:41.400] Now, I don't mind donating to your beer fund.
[01:20:41.400 --> 01:20:45.400] That's not a problem, brother.
[01:20:45.400 --> 01:20:49.400] The beer fund is really a joke because it all goes to logos.
[01:20:49.400 --> 01:20:50.400] I'm old.
[01:20:50.400 --> 01:20:51.400] I'm down to half a beer now.
[01:20:51.400 --> 01:20:54.400] I drink half a beer and I fall asleep.
[01:20:54.400 --> 01:20:56.400] That's getting old sucks.
[01:20:56.400 --> 01:20:58.400] But it beats the alternative.
[01:20:58.400 --> 01:21:03.400] I'm here with my 94-year-old mother, and that's what she says.
[01:21:03.400 --> 01:21:04.400] Amen.
[01:21:04.400 --> 01:21:06.400] Lucky you used to have her around.
[01:21:06.400 --> 01:21:10.400] Give her a pat on the back for giving birth to a good son.
[01:21:10.400 --> 01:21:12.400] My mother's a hoot.
[01:21:12.400 --> 01:21:16.400] I pick her on her all the time, and she's great fun.
[01:21:16.400 --> 01:21:24.400] And as for the logos fundraiser, you guys are only roughly around $3,000 away from your goal,
[01:21:24.400 --> 01:21:26.400] so all the listeners, please, we're almost there.
[01:21:26.400 --> 01:21:28.400] Let's keep these guys on the radio.
[01:21:28.400 --> 01:21:32.400] Yeah, this year has really been a struggle.
[01:21:32.400 --> 01:21:37.400] So none of the hosts get paid for what we do.
[01:21:37.400 --> 01:21:45.400] We do this all on our own time, and we generally wind up contributing more than most anybody else to the network.
[01:21:45.400 --> 01:21:52.400] This is a work of love, and me, this is a debt that I owe.
[01:21:52.400 --> 01:22:01.400] But there's only so much where we spend so much time on doing the radio shows and researching and working with people like Mauricio,
[01:22:01.400 --> 01:22:06.400] that we don't have a lot of time to make as much money as we would like.
[01:22:06.400 --> 01:22:09.400] I've never been money-oriented.
[01:22:09.400 --> 01:22:11.400] If I was, I'd probably have a whole lot more.
[01:22:11.400 --> 01:22:15.400] But we really could use some assistance.
[01:22:15.400 --> 01:22:17.400] We have some upgrades we need to do.
[01:22:17.400 --> 01:22:25.400] You've probably noticed that we have more technical difficulties than we would like,
[01:22:25.400 --> 01:22:36.400] and that's because Deborah has done a remarkable job of stringing together equipment that just barely gets it done.
[01:22:36.400 --> 01:22:39.400] So if you could, it would be a great help.
[01:22:39.400 --> 01:22:42.400] But yes, Mauricio, I will be glad to help you.
[01:22:42.400 --> 01:22:45.400] I have a number of arguments I can give you.
[01:22:45.400 --> 01:22:56.400] The reason I wanted to ask you what you had planned is I wanted to see if you had already decided what you were going to do.
[01:22:56.400 --> 01:23:00.400] And that's always a problem if someone's decided too quickly.
[01:23:00.400 --> 01:23:05.400] And apparently you haven't, and I take that as a very good sign.
[01:23:05.400 --> 01:23:12.400] I take it as a sign that you're methodical and calculating.
[01:23:12.400 --> 01:23:17.400] So we structured this all out.
[01:23:17.400 --> 01:23:26.400] Clearly the first thing we want to look at is going to the nature of the initial stop, the lack of probable cost.
[01:23:26.400 --> 01:23:32.400] And then the second thing is we take the fight back to them.
[01:23:32.400 --> 01:23:37.400] You'll only win your case if you have the politics on your side.
[01:23:37.400 --> 01:23:40.400] So let's create a little politics.
[01:23:40.400 --> 01:23:48.400] If you tea close a complaint against the officers, all four of them,
[01:23:48.400 --> 01:23:59.400] and then if you get a statement by the officer and you don't believe that statement is exactly accurate, you tea close him again.
[01:23:59.400 --> 01:24:04.400] And these guys have got apoplexy.
[01:24:04.400 --> 01:24:12.400] You know, they don't think much about it when they sting you with an improper felony complaint.
[01:24:12.400 --> 01:24:18.400] So you shouldn't be too worried about them when you sting their career with a tea close complaint.
[01:24:18.400 --> 01:24:20.400] Six of those.
[01:24:20.400 --> 01:24:31.400] And they'll have to fire him because the insurance adjuster is just looking for a reason to raise the bond rating for the city or the county.
[01:24:31.400 --> 01:24:34.400] And he gets an officer with six tea close complaints.
[01:24:34.400 --> 01:24:37.400] He's going to raise the bond rating for the whole county.
[01:24:37.400 --> 01:24:45.400] And Sheriff's going to have to tell this guy, sorry, Bubba, your history and nobody else will hire him.
[01:24:45.400 --> 01:24:51.400] Well, now here's the cherry on the top and you'll enjoy this one, a little detail I left out.
[01:24:51.400 --> 01:25:01.400] When I was in the process of bonding myself out, that's when I realized that they went and gave me the citations for the movement violation.
[01:25:01.400 --> 01:25:10.400] And I mentioned, you know, the audacity of the guy is if he didn't steal all my money and everything else in between, he's giving me the movement violation.
[01:25:10.400 --> 01:25:13.400] I go, I can't wait to fight back.
[01:25:13.400 --> 01:25:20.400] Well, there's an older gentleman with his gun on his side, wearing his polo shirt with the sheriff's badge on and everything.
[01:25:20.400 --> 01:25:24.400] You just need to pay the effing ticket.
[01:25:24.400 --> 01:25:28.400] I look at him, I go, excuse me, can you say that again?
[01:25:28.400 --> 01:25:34.400] He got up, walked across the room, leaned against the wall, put his arms across, and gets his shed.
[01:25:34.400 --> 01:25:38.400] He said, I said, you need to pay the effing ticket.
[01:25:38.400 --> 01:25:42.400] I go, OK, so what is your name?
[01:25:42.400 --> 01:25:46.400] He said, that's none of your God's being business.
[01:25:46.400 --> 01:25:53.400] So I said, I said, I had a criminal complaint with the name of deputy none of your God's being business.
[01:25:53.400 --> 01:25:57.400] Oh, let me tell you a story about that.
[01:25:57.400 --> 01:26:11.400] I have the transcript from the county commissioners court where they appointed the district attorney to represent the county in an 11 million dollar lawsuit I filed against it in county.
[01:26:11.400 --> 01:26:14.400] I filed against 24 litigants.
[01:26:14.400 --> 01:26:20.400] The 13th litigant was my worst nightmare.
[01:26:20.400 --> 01:26:28.400] And the judge said to the prosecutor, who is this my worst nightmare?
[01:26:28.400 --> 01:26:37.400] The prosecutor said, well, your honor, apparently someone introduced himself to Mr. Kelton as his worst nightmare.
[01:26:37.400 --> 01:26:45.400] And the judge said, yes, and I have a bone to pick with him.
[01:26:45.400 --> 01:26:52.400] And when I went back to Denton County, my worst nightmare was nowhere to be found.
[01:26:52.400 --> 01:26:54.400] So that is OK.
[01:26:54.400 --> 01:26:56.400] And that is great.
[01:26:56.400 --> 01:27:05.400] That's witness tampering and clear retaliation.
[01:27:05.400 --> 01:27:07.400] This is this kind of stuff is great.
[01:27:07.400 --> 01:27:09.400] And this is the third party.
[01:27:09.400 --> 01:27:11.400] Oh, we got a lot more.
[01:27:11.400 --> 01:27:19.400] Every one of the jailers that even spoke to you goes on the list.
[01:27:19.400 --> 01:27:21.400] The officer had a what time of night?
[01:27:21.400 --> 01:27:25.400] What time of the day or not was when you were stopped?
[01:27:25.400 --> 01:27:29.400] It was 545 ish in the afternoon.
[01:27:29.400 --> 01:27:34.400] By the time I got to the jail, it was after dark around six.
[01:27:34.400 --> 01:27:42.400] It was only the only jailer, I guess, was the lady who was doing dispatch and booking.
[01:27:42.400 --> 01:27:47.400] Like I tell you, the county was 2,000 people in the entire county.
[01:27:47.400 --> 01:27:51.400] So their jail looks like it was built in the early 30s.
[01:27:51.400 --> 01:27:54.400] And that's exactly how it has been ever since.
[01:27:54.400 --> 01:27:56.400] OK.
[01:27:56.400 --> 01:28:02.400] So they probably hadn't had a romp through the legal system like this one.
[01:28:02.400 --> 01:28:19.400] The officer, the first thing you want to do is put in an information request asking the sheriff for a list of all magistrates in the county and all magistrates in all surrounding counties.
[01:28:19.400 --> 01:28:34.400] And what sheriff is going to do is he's going to oppose the request claiming that he is not required to produce a list that he does not already have.
[01:28:34.400 --> 01:28:42.400] And that goes to collateral estoppel and judicial admission that he doesn't have one.
[01:28:42.400 --> 01:28:51.400] And the reason that's important is once you're arrested, you are to be taken directly to the nearest magistrate if a magistrate is not available.
[01:28:51.400 --> 01:29:00.400] You are to be taken to the nearest magistrate in any surrounding county where a magistrate is available.
[01:29:00.400 --> 01:29:14.400] And the officer's only defense against the claim of false imprisonment for failure is the time to take before a magistrate is a showing of due diligence in effort to locate.
[01:29:14.400 --> 01:29:27.400] So they can't show due diligence in effort to locate a magistrate in a surrounding county if they don't even know who they are.
[01:29:27.400 --> 01:29:37.400] Now, once he brings you to the jail and puts you in the hand of the jailer, the duty of the jailer is the same as the officer.
[01:29:37.400 --> 01:29:41.400] He must find the nearest magistrate.
[01:29:41.400 --> 01:29:50.400] And the officer is always ultimately responsible as this is not a duty, a responsibility he can transfer.
[01:29:50.400 --> 01:30:00.400] So we'll get you about 19 felony and misdemeanor charges against everybody involved, have you?
[01:30:00.400 --> 01:30:06.400] What smells so bad? Taxi drivers in Bangkok won't let you into a cab if you're carrying it?
[01:30:06.400 --> 01:30:09.400] Amazingly, it's a food, and I've actually eaten it.
[01:30:09.400 --> 01:30:16.400] I'm Dr. Catherine Albrecht, and I'll be back in a moment with the stinkiest secret of what it is.
[01:30:16.400 --> 01:30:21.400] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:21.400 --> 01:30:26.400] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.400 --> 01:30:31.400] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.400 --> 01:30:34.400] Privacy, it's worth hanging on to.
[01:30:34.400 --> 01:30:41.400] This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.400 --> 01:30:45.400] Start over with StartPage.
[01:30:45.400 --> 01:30:48.400] Some call it repulsive, while others call it the king of fruits.
[01:30:48.400 --> 01:30:52.400] It's durian, a football-sized fruit from Southeast Asia.
[01:30:52.400 --> 01:31:00.400] Tough and spiky on the outside, and creamy like custard on the inside, durian is soft enough to eat with a spoon, if you can stand the smell that is.
[01:31:00.400 --> 01:31:07.400] While the flavor is like an onion-flavored vanilla pudding, the smell is a cross between unwashed socks and a city dump.
[01:31:07.400 --> 01:31:14.400] In fact, it's so pungent that taxis in tropical countries often sport no durian signs in place of no smoking signs.
[01:31:14.400 --> 01:31:21.400] To sample the fruit that tastes like heaven and smells like hell, check the freezer section of your local Asian market.
[01:31:21.400 --> 01:31:30.400] Taxi, I get your Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.400 --> 01:31:35.400] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.400 --> 01:31:37.400] The government says that fire brought it down.
[01:31:37.400 --> 01:31:42.400] However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.400 --> 01:31:45.400] Over 6,000 of my fellow service members have given their lives.
[01:31:45.400 --> 01:31:48.400] And thousands of my fellow force responders have died.
[01:31:48.400 --> 01:31:49.400] I'm not a conspiracy theorist.
[01:31:49.400 --> 01:31:50.400] I'm a structural engineer.
[01:31:50.400 --> 01:31:51.400] I'm a New York City correctional.
[01:31:51.400 --> 01:31:52.400] I'm an Air Force pilot.
[01:31:52.400 --> 01:31:54.400] I'm a father who lost his son.
[01:31:54.400 --> 01:31:57.400] We're Americans, and we deserve the truth.
[01:31:57.400 --> 01:32:23.400] Go to RememberBuilding7.org today.
[01:32:28.400 --> 01:32:31.400] To handle your claim and your roof, write the first time.
[01:32:31.400 --> 01:32:37.400] Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:37.400 --> 01:32:40.400] Mention the crypto show and get $100 off.
[01:32:40.400 --> 01:32:44.400] And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:44.400 --> 01:32:49.400] So if those out-of-town roofers come knocking, your door should be locked in.
[01:32:49.400 --> 01:32:55.400] That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:55.400 --> 01:32:58.400] Discounts are based on full roof replacement.
[01:32:58.400 --> 01:33:00.400] I mean, I actually be kidding about chemtrails.
[01:33:00.400 --> 01:33:29.400] Looking for some truth? You found it. LogosRadioNetwork.com.
[01:33:29.400 --> 01:33:36.400] Okay, we are back. Randy Kelton with Logos Radio, and we're talking to Mauricio in Texas.
[01:33:36.400 --> 01:33:43.400] Okay, I lost track of work. I ran off the cliff leaving out. Where were we?
[01:33:43.400 --> 01:33:46.400] You fell off right when it was getting juicy.
[01:33:46.400 --> 01:33:52.400] You were telling me that we were going to be able to get everybody with about 14 to 19 felonies.
[01:33:52.400 --> 01:33:59.400] Okay, yes. Have you been to Jewishimprovements.com website?
[01:33:59.400 --> 01:34:04.400] I went to it when it was.com, believe it or not.
[01:34:04.400 --> 01:34:11.400] Okay, well, I lost that. I've got it back, but I can't get it to work on my server for some reason.
[01:34:11.400 --> 01:34:16.400] But anyway, have you looked at the habeas corpus that's on there?
[01:34:16.400 --> 01:34:22.400] I don't want to lie to you and say that I have when I don't remember, so no.
[01:34:22.400 --> 01:34:28.400] Go to Jewishimprovements.com website and top frog on the left.
[01:34:28.400 --> 01:34:32.400] That's a habeas corpus I wrote for a kid in Conroe.
[01:34:32.400 --> 01:34:40.400] I used that habeas corpus, almost got all the judges, the Court of Criminal Appeals, and died it over that habeas.
[01:34:40.400 --> 01:34:41.400] Beautiful.
[01:34:41.400 --> 01:34:48.400] But that walks down due process, start to finish.
[01:34:48.400 --> 01:34:54.400] And you go through that, you'll find stacks of complaints you can start filing against these guys.
[01:34:54.400 --> 01:35:07.400] If this is a small county, they don't have the funds, they don't have the resources, they don't have the personnel to fight a set of claims like this.
[01:35:07.400 --> 01:35:13.400] And you go down that habeas and I go down and just walk down the code.
[01:35:13.400 --> 01:35:18.400] And you take that and start pulling out accusations to make against the county.
[01:35:18.400 --> 01:35:23.400] This ultimately goes to RICO.
[01:35:23.400 --> 01:35:33.400] And in your pleadings, you use terms like predicate acts, concert and collusion, ongoing criminal conspiracy.
[01:35:33.400 --> 01:35:35.400] That defines RICO.
[01:35:35.400 --> 01:35:38.400] You don't have to say RICO.
[01:35:38.400 --> 01:35:47.400] But when they see predicate acts, if the lawyers got any savvy at all, his spidey sense is going to pop up.
[01:35:47.400 --> 01:35:51.400] And he's going to say these guys are setting us up.
[01:35:51.400 --> 01:35:53.400] And that's what you want.
[01:35:53.400 --> 01:35:54.400] Absolutely.
[01:35:54.400 --> 01:35:55.400] What?
[01:35:55.400 --> 01:36:02.400] Just a couple of complaints and a few complaints against three other deputies probably going to be half of the department.
[01:36:02.400 --> 01:36:11.400] Oh, these guys are going to get real excited when, and if that's half the department, that will probably bump their bond rating.
[01:36:11.400 --> 01:36:12.400] Absolutely.
[01:36:12.400 --> 01:36:15.400] Kick their insurance rate up already.
[01:36:15.400 --> 01:36:17.400] And say, you want to keep on?
[01:36:17.400 --> 01:36:21.400] We do the prosecutor next and the judge after that.
[01:36:21.400 --> 01:36:31.400] So, you want to give them reason to come to the table, make a deal and get you out of there.
[01:36:31.400 --> 01:36:36.400] And that's why I always suggest this, but you go after these guys.
[01:36:36.400 --> 01:36:41.400] Not the prosecutor yet.
[01:36:41.400 --> 01:36:53.400] See, and I'm going to ask a curiosity question because I've done this before in lower, you know, traffic citation thing.
[01:36:53.400 --> 01:36:55.400] Because I'm very busy.
[01:36:55.400 --> 01:36:58.400] So I'll go in there and I'll sit down with the prosecutor.
[01:36:58.400 --> 01:37:02.400] You know what, you leave your bar card at the door.
[01:37:02.400 --> 01:37:07.400] I'll leave my pro stay at the door and we come in here and we'll talk real quick as human beings.
[01:37:07.400 --> 01:37:12.400] So we'll sit down and I'll tell them, look, this is what you're coming after me at.
[01:37:12.400 --> 01:37:15.400] You don't even have a criminal complaint in the file.
[01:37:15.400 --> 01:37:17.400] You're using the citation themselves.
[01:37:17.400 --> 01:37:27.400] And then I begin explaining how I'll go through the procedures of people's complaints, bar grievances, criminal complaints, so on and so forth, so on and so forth.
[01:37:27.400 --> 01:37:29.400] And then I wrap it up with, but I'm busy.
[01:37:29.400 --> 01:37:31.400] You're busy.
[01:37:31.400 --> 01:37:36.400] Do we really want to do this or do you just want to get rid of this right now?
[01:37:36.400 --> 01:37:40.400] And I'll be honest with you, nine out of 10, they say, you know what, you're right.
[01:37:40.400 --> 01:37:41.400] You're not worth the problem.
[01:37:41.400 --> 01:37:44.400] Let's go ahead and get rid of it right now.
[01:37:44.400 --> 01:37:45.400] Yeah, good.
[01:37:45.400 --> 01:37:47.400] You understand.
[01:37:47.400 --> 01:37:52.400] And so, okay, we'll put the tools together.
[01:37:52.400 --> 01:37:57.400] But at the end of the day, you're the one that has to gauge how to use them.
[01:37:57.400 --> 01:37:58.400] Yeah.
[01:37:58.400 --> 01:38:02.400] And it sounds like you already understand the political nature of the whole deal.
[01:38:02.400 --> 01:38:03.400] Oh, absolutely.
[01:38:03.400 --> 01:38:07.400] I've been in politics for 10 years, so I understand this game.
[01:38:07.400 --> 01:38:15.400] See, and that's not even getting to the point that, well, I serve 20 hours in jail and there's a Florida case of wrongful indictment.
[01:38:15.400 --> 01:38:16.400] Travis.
[01:38:16.400 --> 01:38:18.400] I'm sorry.
[01:38:18.400 --> 01:38:21.400] Are you talking about Travis aunt?
[01:38:21.400 --> 01:38:22.400] Yes, sir.
[01:38:22.400 --> 01:38:24.400] That's the one.
[01:38:24.400 --> 01:38:29.400] And they're looking at a multi-million dollar lawsuit with me sitting there alone.
[01:38:29.400 --> 01:38:36.400] So, I mean, that should be enough to at least put a little fear in them, especially in a small county like that.
[01:38:36.400 --> 01:38:37.400] Exactly.
[01:38:37.400 --> 01:38:48.400] And if you have a lot of claims on point, then they're going to have to pay a lawyer to brief all of these out.
[01:38:48.400 --> 01:38:54.400] Lawyers hate briefing out stuff they haven't dealt with to terrify it of it.
[01:38:54.400 --> 01:39:00.400] So, it'll cost them a fortune just to get your pleadings answered.
[01:39:00.400 --> 01:39:06.400] And you're savvy enough to let them know that, you know, I don't care what happens in the trial court.
[01:39:06.400 --> 01:39:08.400] The court of appeals is where I'll get you guys.
[01:39:08.400 --> 01:39:10.400] I'm just here setting a record.
[01:39:10.400 --> 01:39:13.400] Most likely they'll want this thing to go away.
[01:39:13.400 --> 01:39:18.400] Get me the timeline and I'll look it over and we'll talk.
[01:39:18.400 --> 01:39:19.400] Bless you, Randy.
[01:39:19.400 --> 01:39:20.400] We'll do that.
[01:39:20.400 --> 01:39:22.400] Now, no later than Monday.
[01:39:22.400 --> 01:39:23.400] I'll get it to you.
[01:39:23.400 --> 01:39:24.400] Okay.
[01:39:24.400 --> 01:39:25.400] Thank you.
[01:39:25.400 --> 01:39:26.400] Okay.
[01:39:26.400 --> 01:39:28.400] Now we're going to Germain in Tennessee.
[01:39:28.400 --> 01:39:29.400] Hello, Germain.
[01:39:29.400 --> 01:39:35.400] What do you have for us today?
[01:39:35.400 --> 01:39:36.400] Hello, Germain.
[01:39:36.400 --> 01:39:39.400] Did I put you to sleep?
[01:39:39.400 --> 01:39:42.400] I sometimes have that effect on people.
[01:39:42.400 --> 01:39:43.400] Okay.
[01:39:43.400 --> 01:39:46.400] We're going to Unscreened in Irving.
[01:39:46.400 --> 01:39:48.400] I don't know who I'm talking to.
[01:39:48.400 --> 01:39:51.400] My call screener should be getting here shortly.
[01:39:51.400 --> 01:39:56.400] He was a little late today, so I'm having to run the board myself and I can't screen while I'm doing the calls.
[01:39:56.400 --> 01:40:00.400] So, who am I talking to?
[01:40:00.400 --> 01:40:03.400] This is Dave Martin in Texas.
[01:40:03.400 --> 01:40:04.400] Oh, okay.
[01:40:04.400 --> 01:40:05.400] Never give you last name.
[01:40:05.400 --> 01:40:06.400] Okay.
[01:40:06.400 --> 01:40:07.400] Sorry.
[01:40:07.400 --> 01:40:08.400] I told you.
[01:40:08.400 --> 01:40:09.400] Anyway, okay.
[01:40:09.400 --> 01:40:10.400] Well, it's okay.
[01:40:10.400 --> 01:40:13.400] I just, we never ask for last names.
[01:40:13.400 --> 01:40:16.400] We don't even care if the first name is correct.
[01:40:16.400 --> 01:40:18.400] We just need something we can call you.
[01:40:18.400 --> 01:40:22.400] Because we, in order to do this, we don't need people to identify themselves.
[01:40:22.400 --> 01:40:24.400] Sometimes they're nervous about that.
[01:40:24.400 --> 01:40:25.400] Okay.
[01:40:25.400 --> 01:40:26.400] Go ahead, Dave.
[01:40:26.400 --> 01:40:27.400] Okay.
[01:40:27.400 --> 01:40:30.400] I got a letter from the city that came up on my property.
[01:40:30.400 --> 01:40:34.400] I know I had to walk up on it because I couldn't see the front of my vehicle.
[01:40:34.400 --> 01:40:41.400] And they sent me a letter saying to remove my unlicensed motor vehicle at my property.
[01:40:41.400 --> 01:40:49.400] So, I know what how to do with police officers, but I'm not sure what the process would be when the city is doing this stuff.
[01:40:49.400 --> 01:40:57.400] Well, I have an interesting argument, and it comes from Eddie's work.
[01:40:57.400 --> 01:41:00.400] So, I have to give him credit for it.
[01:41:00.400 --> 01:41:08.400] And you got to know it works me to give Eddie credit.
[01:41:08.400 --> 01:41:09.400] I like to pick on Eddie.
[01:41:09.400 --> 01:41:11.400] We pick on each other all the time.
[01:41:11.400 --> 01:41:13.400] This was his argument.
[01:41:13.400 --> 01:41:20.400] And I wrote it up for a city of Newark in the county that I live in.
[01:41:20.400 --> 01:41:25.400] A guy got, he had a auto parts company.
[01:41:25.400 --> 01:41:29.400] And they cited him for having unlicensed vehicles.
[01:41:29.400 --> 01:41:41.400] And I challenged the, the constitutionality of city ordinances.
[01:41:41.400 --> 01:41:51.400] The statute, the legislature passed laws that authorized cities to write city ordinances.
[01:41:51.400 --> 01:41:57.400] So, my question was just where on earth did they get that power?
[01:41:57.400 --> 01:42:04.400] Eddie's question was the legislature was authorized by constitution to write law.
[01:42:04.400 --> 01:42:11.400] And the legislature was authorized to create courts as they need them, as they see fit.
[01:42:11.400 --> 01:42:26.400] But nowhere in the constitution was the legislature given power to delegate the lawmaking authority to a corporation.
[01:42:26.400 --> 01:42:34.400] So, if these guys want to come at you, give them a constitutional challenge they have to deal with.
[01:42:34.400 --> 01:42:44.400] Because the calculation they have to do is, what if I lose this challenge?
[01:42:44.400 --> 01:42:47.400] All our ordinances are in the trash.
[01:42:47.400 --> 01:42:49.400] Now, there is a remedy.
[01:42:49.400 --> 01:42:55.400] This is not an unsurmountable problem for the state.
[01:42:55.400 --> 01:43:01.400] The state can adopt a uniform city ordinances.
[01:43:01.400 --> 01:43:13.400] And the legislature can pass those uniform city ordinances and grant municipal judges the authority to adjudicate those city ordinances.
[01:43:13.400 --> 01:43:16.400] But they didn't do that.
[01:43:16.400 --> 01:43:24.400] They left the ordinances to the caprice of the individual city.
[01:43:24.400 --> 01:43:29.400] And that lays the ground for horrendous abuse.
[01:43:29.400 --> 01:43:35.400] So, let's give them a constitutional challenge they are not going to want to deal with.
[01:43:35.400 --> 01:43:39.400] Have you put a tarp over that vehicle?
[01:43:39.400 --> 01:43:40.400] No.
[01:43:40.400 --> 01:43:46.400] Sometime before they took that tarp stuff out so you covered it up, they still didn't like that.
[01:43:46.400 --> 01:43:48.400] I know, I saw that.
[01:43:48.400 --> 01:43:51.400] But we fight them anyway.
[01:43:51.400 --> 01:43:56.400] Is this an antique?
[01:43:56.400 --> 01:44:22.400] Is it an investment?
[01:44:26.400 --> 01:44:27.400] It's not him.
[01:44:27.400 --> 01:44:29.400] They are different varieties of the same species.
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[01:45:28.400 --> 01:45:31.400] 3rd place, the AR-308 80% lower.
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[01:45:59.400 --> 01:46:25.400] Okay, we are back.
[01:46:25.400 --> 01:46:29.400] Randy Kelton, Rule of Law Radio.
[01:46:29.400 --> 01:46:32.400] And we're talking to David.
[01:46:32.400 --> 01:46:34.400] Is it Dave that way?
[01:46:34.400 --> 01:46:37.400] Okay.
[01:46:37.400 --> 01:46:46.400] Yeah, I had, when I was doing the deal with Newark, I found that they had taken that tarp thing out.
[01:46:46.400 --> 01:46:51.400] I did that to the city I live in once, and oh, it was such a hoot.
[01:46:51.400 --> 01:46:58.400] But if the tarps over the vehicle beforehand, then they can't know what's under it.
[01:46:58.400 --> 01:47:07.400] So, anyway, I was asking if you have an antique or a vehicle for investment.
[01:47:07.400 --> 01:47:09.400] It runs.
[01:47:09.400 --> 01:47:11.400] It operates right now.
[01:47:11.400 --> 01:47:14.400] It just doesn't have, I don't have a current registration on it.
[01:47:14.400 --> 01:47:16.400] How old is it?
[01:47:16.400 --> 01:47:20.400] It's a 1982 Ford pickup.
[01:47:20.400 --> 01:47:23.400] It's old enough.
[01:47:23.400 --> 01:47:25.400] It's 25 years old.
[01:47:25.400 --> 01:47:27.400] Get an antique plate on it.
[01:47:27.400 --> 01:47:30.400] It's like 40, 50 bucks.
[01:47:30.400 --> 01:47:33.400] And it don't need inspected.
[01:47:33.400 --> 01:47:35.400] I didn't know that.
[01:47:35.400 --> 01:47:36.400] Wow.
[01:47:36.400 --> 01:47:39.400] Yes, it's real cheap.
[01:47:39.400 --> 01:47:43.400] More one-ways to get around this thing.
[01:47:43.400 --> 01:47:45.400] But in the meantime...
[01:47:45.400 --> 01:47:47.400] What else at you, though?
[01:47:47.400 --> 01:47:48.400] Pardon me?
[01:47:48.400 --> 01:47:51.400] I'm going to throw a woman one other thing at you, though.
[01:47:51.400 --> 01:47:52.400] Okay.
[01:47:52.400 --> 01:47:57.400] Sometime back ago, a woman ran in my truck, and what happened was, since it's an older vehicle,
[01:47:57.400 --> 01:48:00.400] the insurance company told it out.
[01:48:00.400 --> 01:48:03.400] So the state of Texas, even though they didn't send me the information,
[01:48:03.400 --> 01:48:05.400] they took my truck off the road.
[01:48:05.400 --> 01:48:09.400] So it's not even, they're not even able to put it in as far as register the truck.
[01:48:09.400 --> 01:48:13.400] They won't do it at the county down here.
[01:48:13.400 --> 01:48:21.400] Well, then you can register it as an antique, and that'll put it back on the road, or register it as a rebuild.
[01:48:21.400 --> 01:48:23.400] Well, this is a different version of paper.
[01:48:23.400 --> 01:48:29.400] I had to ask for $80 and $2 certified, some kind of certified thing.
[01:48:29.400 --> 01:48:30.400] So it's not that much.
[01:48:30.400 --> 01:48:31.400] I can do that.
[01:48:31.400 --> 01:48:33.400] But that would be just regular registration, though.
[01:48:33.400 --> 01:48:36.400] If you're suggesting I do an antique...
[01:48:36.400 --> 01:48:38.400] Yeah, antique.
[01:48:38.400 --> 01:48:41.400] You hardly ever use an antique.
[01:48:41.400 --> 01:48:51.400] Yeah, the plates for antiques are...
[01:48:51.400 --> 01:48:57.400] Did I lose you?
[01:48:57.400 --> 01:49:02.400] It seems like later in the day, the internet between me and you has some problems.
[01:49:02.400 --> 01:49:03.400] Am I back?
[01:49:03.400 --> 01:49:04.400] Can you hear me?
[01:49:04.400 --> 01:49:06.400] Yeah, I think so.
[01:49:06.400 --> 01:49:14.400] My mic is working perfectly, and I'm using a mixer, so my voice comes out and comes back in my ears so I can hear what's going out.
[01:49:14.400 --> 01:49:18.400] So if my mic is not failing, I can't tell that I'm blanking out.
[01:49:18.400 --> 01:49:23.400] So keep that in mind when I'm blanking out, and I'll repeat.
[01:49:23.400 --> 01:49:30.400] It's in that we've got a server somewhere in between us dropping packets, and not anything I can do about that.
[01:49:30.400 --> 01:49:41.400] But I have a 40-foot transport bus that weighs 60,000 pounds, and I put an RV plate on it.
[01:49:41.400 --> 01:49:46.400] It costs 49 bucks.
[01:49:46.400 --> 01:49:51.400] And to insure it, it costs 140 bucks a year.
[01:49:51.400 --> 01:49:52.400] Yeah.
[01:49:52.400 --> 01:50:05.400] So that antique plate will probably... The insurance... You can insure it for almost nothing if you want to, but it's very cheap for a plate.
[01:50:05.400 --> 01:50:10.400] Now, unless you want to have a fight with these people.
[01:50:10.400 --> 01:50:15.400] I don't think it's worth that for this, but you know, yeah.
[01:50:15.400 --> 01:50:19.400] But see, the state said that I couldn't even put my vehicle on the road at all.
[01:50:19.400 --> 01:50:31.400] It said based on that, they turned it into a federal database, and it said in that insurance notice that I'm not allowed to put it on the streets at all.
[01:50:31.400 --> 01:50:33.400] But the state never sent me that notice.
[01:50:33.400 --> 01:50:37.400] That's just what the insurance company is sitting there when they send out your notice to you.
[01:50:37.400 --> 01:50:43.400] Well, there's a way to get a rebuild title on a total vehicle.
[01:50:43.400 --> 01:50:46.400] I did that once years ago.
[01:50:46.400 --> 01:50:47.400] Yeah.
[01:50:47.400 --> 01:50:50.400] I had the paperwork for that. I had to ask for it, but I didn't know.
[01:50:50.400 --> 01:50:54.400] But do you think I can get an antique plate without going through that?
[01:50:54.400 --> 01:50:56.400] You might.
[01:50:56.400 --> 01:50:59.400] I can try to put it that way.
[01:50:59.400 --> 01:51:07.400] It's going to be in the nature of an antique that it's likely to be off the roads.
[01:51:07.400 --> 01:51:13.400] If you haven't... If a car hasn't been titled in 10 years, then you're going to pull it off the roads.
[01:51:13.400 --> 01:51:24.400] So if you've got a 1926 Duesenberg, they're not going to find it on the roads and not going to expect to.
[01:51:24.400 --> 01:51:30.400] And not likely to even look for it on the roads.
[01:51:30.400 --> 01:51:39.400] But even if it is, you can get the... There's a way to get around it. It depends on how valuable the truck is to you.
[01:51:39.400 --> 01:51:41.400] And how much it costs.
[01:51:41.400 --> 01:51:45.400] Yeah. I just don't want to go through it with electronic stuff.
[01:51:45.400 --> 01:51:52.400] You can't even control your own vehicle. These older ones, I can fix the thing. I know how to work it.
[01:51:52.400 --> 01:51:56.400] Okay. And it's worth it to do that.
[01:51:56.400 --> 01:52:08.400] Now, as to the city coming messing with you, if you get legal, the city doesn't know how to...
[01:52:08.400 --> 01:52:19.400] If you want to use this as an opportunity to get the city to go away and leave you alone, you can certainly have a lot of fun at their expense.
[01:52:19.400 --> 01:52:22.400] But it depends on what you have time to mess with.
[01:52:22.400 --> 01:52:25.400] Yeah.
[01:52:25.400 --> 01:52:26.400] Well...
[01:52:26.400 --> 01:52:32.400] Not everybody has time or the focus to fight these kinds of fights.
[01:52:32.400 --> 01:52:39.400] I do it because it's what I do. I just worked on... I live right next to City Hall.
[01:52:39.400 --> 01:52:43.400] And I tore a room down on the back of my house.
[01:52:43.400 --> 01:52:48.400] I started... It's an old 100-year-old house, and I started pulling out bad lumber.
[01:52:48.400 --> 01:53:00.400] When I got done pulling out bad lumber, I had a post holding up the roof and no walls or no ceiling.
[01:53:00.400 --> 01:53:05.400] I put it all back together, closed it all up, re-plumbed it, rewired it.
[01:53:05.400 --> 01:53:09.400] And City Manager was over talking to me one day, and he said, how's your project going?
[01:53:09.400 --> 01:53:11.400] I said, oh, pretty good. Do you want to come have a look?
[01:53:11.400 --> 01:53:14.400] No. No. No.
[01:53:14.400 --> 01:53:17.400] I never saw that first inspector.
[01:53:17.400 --> 01:53:23.400] They had orders. Stay away from him.
[01:53:23.400 --> 01:53:28.400] So, depending on what you want to do with the city,
[01:53:28.400 --> 01:53:32.400] if you want to have a fight with them, then if you're prepared to bring it up legal,
[01:53:32.400 --> 01:53:35.400] then you can have a great fight with them.
[01:53:35.400 --> 01:53:40.400] I recently was ticketed for no insurance, but I had insurance.
[01:53:40.400 --> 01:53:43.400] I said, never mind me. I told the officer, looking up at his database,
[01:53:43.400 --> 01:53:47.400] well, we don't do that. Well, you need to do that.
[01:53:47.400 --> 01:53:50.400] So, he wrote me a ticket instead.
[01:53:50.400 --> 01:53:56.400] So, I went out to the JP and told him I wanted a jury trial.
[01:53:56.400 --> 01:54:00.400] And the woman knew me. She said, Mr. Kelton, don't you have insurance on that car?
[01:54:00.400 --> 01:54:02.400] Of course I have insurance on the car.
[01:54:02.400 --> 01:54:08.400] Well, if you'll just show us the proof of insurance, we'll just charge you $10 and drop this.
[01:54:08.400 --> 01:54:12.400] I know. You know. See, I know.
[01:54:12.400 --> 01:54:16.400] So, would you show us proof of insurance? No.
[01:54:16.400 --> 01:54:20.400] Mary, that's a JP.
[01:54:20.400 --> 01:54:24.400] A JP, come out. Or Andy, will you do it now?
[01:54:24.400 --> 01:54:27.400] The woman told him what I was doing.
[01:54:27.400 --> 01:54:31.400] And she said, well, Mr. Kelton, why won't you just show me the proof of insurance?
[01:54:31.400 --> 01:54:34.400] I'll show that to the jury.
[01:54:34.400 --> 01:54:39.400] Dismissed. Get out of here.
[01:54:39.400 --> 01:54:42.400] It depends on what you want to do.
[01:54:42.400 --> 01:54:47.400] I know if a police officer gives me something, I know I can go to your website and do that,
[01:54:47.400 --> 01:54:52.400] but the city is a different animal. I didn't even know how to address that. That's fine. Yeah.
[01:54:52.400 --> 01:54:56.400] The city are such knuckleheads.
[01:54:56.400 --> 01:55:01.400] At least the police officer has some college training.
[01:55:01.400 --> 01:55:08.400] They have to have at least two years of college before they can even get hired so that they've got some education.
[01:55:08.400 --> 01:55:12.400] Meet-a-readers and grass police.
[01:55:12.400 --> 01:55:16.400] You get guys who are just idiots.
[01:55:16.400 --> 01:55:21.400] And they get this authority and they really like to huff and puff.
[01:55:21.400 --> 01:55:30.400] You should have seen the building inspector when I told him to get his behind out of my, off my job site.
[01:55:30.400 --> 01:55:34.400] Throw him off the job site.
[01:55:34.400 --> 01:55:44.400] And then called his boss and told him, don't send that moron back to my property.
[01:55:44.400 --> 01:55:52.400] And the boss himself come down and inspected my job site and I told him I'm paying for this inspection.
[01:55:52.400 --> 01:55:59.400] When you're finished, you better have listed everything.
[01:55:59.400 --> 01:56:05.400] Because if you come back and find something else, I'm going to bill you for it.
[01:56:05.400 --> 01:56:10.400] I'm going to bill my client based on what you said. So I don't care what you find.
[01:56:10.400 --> 01:56:15.400] Make sure you find it because I'm paying you for it. You're on the contract.
[01:56:15.400 --> 01:56:20.400] Three weeks later, he came back and he's looking over a filing specs.
[01:56:20.400 --> 01:56:25.400] And he pointed it up, some venting up 16 feet up in the roof.
[01:56:25.400 --> 01:56:29.400] He said, well, there is an issue with that. I don't want to hear it.
[01:56:29.400 --> 01:56:31.400] Okay, okay.
[01:56:31.400 --> 01:56:37.400] So you can handle these guys and they need handled on occasion.
[01:56:37.400 --> 01:56:44.400] Otherwise, well-meaning officials lose their perspective.
[01:56:44.400 --> 01:56:50.400] And they need guys like us every once in a while to adjust their perspective for it.
[01:56:50.400 --> 01:57:01.400] But if you just want to take care of this issue, probably at least initially is you look into anti-plates.
[01:57:01.400 --> 01:57:04.400] Okay.
[01:57:04.400 --> 01:57:09.400] I noticed it said unless it's motor vehicle, but of course, I don't really have one.
[01:57:09.400 --> 01:57:13.400] So are they getting out of the Texas Transportation Code?
[01:57:13.400 --> 01:57:27.400] Well, that is an argument that it's not a motor vehicle, that it's a motorized conveyance, but it's a hard argument to win.
[01:57:27.400 --> 01:57:30.400] Excuse me, it's a hard argument to win.
[01:57:30.400 --> 01:57:40.400] It's been a hard argument to make when you're speaking to a jury filled with reasonable persons of ordinary prudence.
[01:57:40.400 --> 01:57:46.400] They're going to say this really doesn't have to do with travel on the highway.
[01:57:46.400 --> 01:57:51.400] It has to do with a motorized piece of equipment.
[01:57:51.400 --> 01:57:59.400] And a reasonable application of the intent of the legislature would say that it doesn't matter if it's used in commerce or not.
[01:57:59.400 --> 01:58:06.400] I can't see how I could argue that particular issue.
[01:58:06.400 --> 01:58:08.400] I'll throw one more thing at you.
[01:58:08.400 --> 01:58:11.400] It also prohibits you from having this type.
[01:58:11.400 --> 01:58:17.400] It can be parked, kept or stored on any premises.
[01:58:17.400 --> 01:58:20.400] In other words, they're telling you if you have one, it's under license.
[01:58:20.400 --> 01:58:23.400] You can't even have it on your property at all.
[01:58:23.400 --> 01:58:24.400] Is that on?
[01:58:24.400 --> 01:58:27.400] Do you want to do that?
[01:58:27.400 --> 01:58:32.400] Well, I think it's unconstitutional to have the statute.
[01:58:32.400 --> 01:58:35.400] I don't think they have authority to enforce any of that.
[01:58:35.400 --> 01:58:38.400] Now, I understand why they do it.
[01:58:38.400 --> 01:58:46.400] Man, if I got a half a million dollar property and there's an empty space between me and the guy next to me,
[01:58:46.400 --> 01:58:50.400] and he's got a half a million dollar property.
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