ROL_2017-10-26_16k.timecode

[00:00.000 --> 00:05.780]  The following use flash is brought to you by the Lone Star Lowdown, providing your daily
[00:05.780 --> 00:13.440]  bulletins for the commodities market, today in history, news updates and the inside scoop
[00:13.440 --> 00:21.240]  into the tides of the alternative.
[00:21.240 --> 00:27.840]  Markets for Wednesday the 25th of October 2017 closed with gold at $1,277.55 an ounce,
[00:27.840 --> 00:36.040]  silver $16.96 an ounce, Texas Crude $52.47 a barrel, Bitcoin $5,680 and Dashcoin sitting
[00:36.040 --> 00:43.880]  about $289 US currency.
[00:43.880 --> 00:49.520]  Today in history, the year 1917, the great October socialist revolution, the uprising
[00:49.520 --> 00:54.360]  of the Bolshevik coup in Russia known as Red October on the old style calendar, today
[00:54.360 --> 00:59.280]  in history.
[00:59.280 --> 01:04.920]  In recent news, Catalonia's vice president, Oro Jean-Quares stated that the Spanish government
[01:04.920 --> 01:08.480]  has given Catalonia no choice but declare independence.
[01:08.480 --> 01:13.080]  This after Madrid declared the referendum illegal and sent civil guard to stop people from voting
[01:13.080 --> 01:17.760]  on the 1st of October with rubber bullets where nearly 900 people were injured in the
[01:17.760 --> 01:19.920]  violence that broke out at polling stations.
[01:19.920 --> 01:24.160]  With the Spanish Senate scheduled to impose more direct control over the autonomous region,
[01:24.160 --> 01:29.120]  activating Spain's article 155 of the Constitution later this week, President Puigdemont turned
[01:29.120 --> 01:33.560]  down the invitation to address the Senate about Catalonia independence as a result of
[01:33.560 --> 01:40.080]  Madrid's stated intentions.
[01:40.080 --> 01:43.960]  Following an increase of terror attacks in England, Theresa May declared enough is enough
[01:43.960 --> 01:46.080]  vowing to crack down on extremism.
[01:46.080 --> 01:50.240]  Home Secretary Amber Rood recently announced plans to increase jail terms for those found
[01:50.240 --> 01:55.520]  guilty of streaming online extremist content up to 15 years in jail.
[01:55.520 --> 01:59.400]  Currently, the law only applies to material downloaded and stored and comes with a maximum
[01:59.400 --> 02:03.760]  penalty of 10 years, with a Downing Street spokeswoman saying that, quote, what we want
[02:03.760 --> 02:08.080]  to do is to send clear message that we will not tolerate terrorism, those who help radicalize
[02:08.080 --> 02:13.080]  terrorists with their extremist views, or those returning blind-eyed to terrorist activity.
[02:13.080 --> 02:17.800]  Back in a meeting with corporate executives in September, May stated that, quote, ultimately
[02:17.800 --> 02:22.240]  it's not just the terrorists themselves who we need to defeat, it's the extremist ideologies
[02:22.240 --> 02:27.520]  that feel them, it's the ideologies that preach hatred, so division and undermine our common
[02:27.520 --> 02:28.520]  humanity.
[02:28.520 --> 02:32.720]  We must be far more robust in identifying these ideologies and defeating them across all
[02:32.720 --> 02:39.320]  parts of our societies.
[02:39.320 --> 02:42.760]  Pope Francis is planning to make a call to the International Space Station tomorrow,
[02:42.760 --> 02:48.320]  October 26, to speak with Expedition 53 crew members. A webcast of the in-flight interview
[02:48.320 --> 02:52.320]  will be broadcast live on NASA TV and on the Vatican's YouTube page.
[02:52.320 --> 03:19.320]  This is Rick Rody with your lowdown for October 25, 2017.
[03:19.320 --> 03:37.160]  Okay, howdy, howdy. This is Randy Kelton, Deborah Stevens, rule of law radio on this,
[03:37.160 --> 03:48.360]  the 26th day of October, 2017, this Thursday, the 26th day of October, 2017, and been pretty
[03:48.360 --> 03:57.920]  busy and back in Tennessee, and we've already got a caller. I am in the process of actually
[03:57.920 --> 04:05.000]  bringing on a programmer to finish up the last piece of software I need to begin to
[04:05.000 --> 04:13.520]  implement the electronic lawyer full time, so I'm hoping that it's not much longer until
[04:13.520 --> 04:19.320]  we have something live online that we can all work with. Okay, we do have Scott online,
[04:19.320 --> 04:25.720]  our call-in number, 512-646-1984. If you have a question or comment, give us a call.
[04:25.720 --> 04:30.560]  We'll keep the lines open all night. We're going to Scott. Scott, what do you have for
[04:30.560 --> 04:31.560]  us today?
[04:31.560 --> 04:41.200]  Well, howdy, howdy. I was down at the district court today, and I turned in three summary
[04:41.200 --> 04:50.720]  judgments on the judge that's already ordered to court and to mediation, and to the prosecutor,
[04:50.720 --> 04:57.520]  and to the cop, and then right when I went down there and I got one lady that she's kind
[04:57.520 --> 05:04.960]  of my favorite lady, and so I went down there to submit all the stuff, and we got to talking,
[05:04.960 --> 05:09.920]  and I told her, I said, well, here's when I got going. I was kind of being real quiet,
[05:09.920 --> 05:15.440]  just kind of whispered to her. I said, on this one right here, this is for a judge,
[05:15.440 --> 05:19.680]  and he's already ordered to court because I got him tampering with the government record.
[05:19.680 --> 05:26.560]  She goes, what? I said, yeah, he ordered me to come up there and alter a document that
[05:26.560 --> 05:31.360]  was a criminal complaint. I didn't go into a whole lot of specifics where if you should
[05:31.360 --> 05:35.640]  have seen her eyes, they got real big and stuff. I said, yeah, you should read that
[05:35.640 --> 05:40.440]  when she goes, oh, I will. I said, well, here's another one. This is on a prosecutor. She was
[05:40.440 --> 05:45.880]  calling me names in court and had me come up there. She goes, what? And I was like, yeah,
[05:45.880 --> 05:51.560]  I said, this is all in Mesquite. They're up there just running right off the rails on everything,
[05:52.120 --> 05:57.160]  and she was like, oh my gosh. I said, yeah, and this one here is on a cop. He didn't even have
[05:57.160 --> 06:02.440]  the authority to even pull me over to start with. They even start this whole mess. She's like,
[06:02.440 --> 06:08.440]  you got to be kidding. I was like, no. And she goes, well, it's about time somebody started to
[06:08.440 --> 06:17.400]  stand up and do something about all this. I said, I love you, man. And so she was super nice. All
[06:17.400 --> 06:22.760]  get out. And so then I showed her a couple more documents. I said, I got to run over to federal
[06:22.760 --> 06:29.240]  court now. I'm putting in a motion to remand because they're trying to get these cases moved
[06:29.240 --> 06:34.520]  out of district court over in the federal court. She goes, what? I was like, yeah. So I'm leaving
[06:34.520 --> 06:39.080]  here and I'm going straight over to the federal courthouse to go see if I can get them to switch
[06:39.080 --> 06:43.640]  it back over here so that they can have to go to court and answer for some of this mess.
[06:44.200 --> 06:49.480]  She was like, oh, man, just you go after them. Just don't stop. I was like, okay,
[06:50.840 --> 06:57.400]  I got to go. So she got it all filed a stamp for me real quick, gave me my copies. I took
[06:57.400 --> 07:03.320]  off right on out of there, walked right down the street about two blocks, walked into the federal
[07:03.320 --> 07:10.760]  building. And I was walking to the elevator and one of the clerks that I kind of cause I know
[07:10.760 --> 07:15.800]  a little bit, she was walking out. I said, where are you going, girl? She goes, I'm going to lunch.
[07:15.800 --> 07:22.840]  I said, okay, I'm going to go up here and drop stuff off. So I go up there and turn in those
[07:22.840 --> 07:29.480]  motions to remand on the two Garland cops. And I went ahead and submitted the one on the Addison
[07:29.480 --> 07:35.400]  Judge too, even though it's been over 30 days, I thought, you know what, let's just put it in
[07:35.400 --> 07:40.280]  and see if the judge just might want to go ahead and clear his schedule and just kick it back down
[07:40.280 --> 07:46.600]  through the district court and get me out of his hair. And so I went ahead and submitted it as well.
[07:46.600 --> 07:52.280]  So I'm walking out of there and go downstairs and I need to go to the restroom real quick. So I'm
[07:52.280 --> 07:58.120]  walking in towards the restroom and here comes this security guard. He's walking out. He was like,
[07:58.120 --> 08:04.520]  hey man, how are you? I said, oh man, you want to look at some stuff here? Because I already had
[08:04.520 --> 08:09.560]  these file stamp copies and stuff. I said, check this one out. This is that judge I was telling
[08:09.560 --> 08:14.680]  you about last time that I got him tampering with a government record. His eyes got real big. He's
[08:14.680 --> 08:21.000]  like, you're a kid. I said, no. And this one right here is on the prosecutor's calling me names.
[08:21.000 --> 08:27.080]  And this one's on the cop. He's looking at me and kind of met each other a couple of years ago
[08:27.080 --> 08:32.280]  at some kind of seminar deal for real estate or something. He goes, man, you remember me?
[08:32.280 --> 08:38.280]  We met at this seminar. That's where we met. I was like, oh yeah, okay. And he goes, man,
[08:38.280 --> 08:45.400]  he goes, I am praying for you. You go get me a big old hug and everything. He's like, man, stay on
[08:45.400 --> 08:53.160]  him. Just get after him. I said, I'm going after him 110% right now. I said, I'm just dropped off
[08:53.160 --> 08:58.040]  a couple of motions to get these remanded because they're trying to stick them here in federal court
[08:58.040 --> 09:02.280]  and I want them to go back over to district court and let them answer for all that stuff.
[09:02.280 --> 09:10.440]  He's like, man, you just stay on him. Go get him. I said, I am. I'm all after him. And yesterday,
[09:11.560 --> 09:20.200]  I went ahead and put in, I made up my suit on the range county judge for supervisory neglect.
[09:21.000 --> 09:28.280]  And that's what I'm going after him for. So it turned into a real nice document. I got it all
[09:28.280 --> 09:34.840]  headed out and everything and went through the timeline of the whole thing, how everything they
[09:34.840 --> 09:42.920]  did from start to finish was in violation of statutes all the way down the road. Well, it turned
[09:42.920 --> 09:53.880]  into about, I think it was, oh, it was 26 pages. But by the time I tied all the exhibits in on
[09:53.880 --> 10:01.960]  everything, it was about 46 pages. So it was a pretty thick stat. So I got all that stuck in
[10:01.960 --> 10:06.840]  and went to the post office and was telling the ladies up there at the post office about all that
[10:06.840 --> 10:12.920]  stuff. They're like, holy crud, man, whenever we get a traffic ticket, we need to call you. I said,
[10:12.920 --> 10:16.840]  here's my card. I'll point you in the right direction. I'll tell them to go to the traffic
[10:16.840 --> 10:24.120]  ticket website and get all the stuff that they need. Well, anyhow, that range county judge, he's
[10:24.120 --> 10:31.480]  going to get a very nice Halloween present come tomorrow. It's going to be trick or treat for him.
[10:33.720 --> 10:44.040]  Wonderful. What I'm pleased to hear and what I've encountered myself is that these
[10:44.040 --> 10:51.080]  functionaries in the court that we generally could construe to be our enemies turn out not to be.
[10:53.480 --> 10:58.600]  Turns out they live essentially in the same place we do. They just happen to work there.
[11:00.040 --> 11:09.160]  And when I pull that hearing aid trick on the judge in Mansfield, Judge Hayes,
[11:09.160 --> 11:24.040]  I went to a political rally and at the rally, all of the bailiffs were running security and they
[11:24.040 --> 11:28.600]  came over and talked to me. One of them came and got me and introduced me to them and said,
[11:28.600 --> 11:35.800]  this is the guy that set up Hayes. And these bailiffs were just thrilled. I was amazed at the
[11:35.800 --> 11:45.240]  the the rancor they held toward these judges because they stand there and watch people get
[11:45.240 --> 11:51.640]  railroaded all day every day. And these guys were really unhappy with these judges. I was surprised.
[11:53.880 --> 12:01.880]  So I'm beginning to change how I think about these guys. And with what you're doing, you're
[12:01.880 --> 12:09.240]  taking the guys who would normally be the ones to give you a problem. And you're kind of
[12:10.920 --> 12:14.920]  endearing yourself to them. So they'll be less likely to give you grief.
[12:16.680 --> 12:24.600]  And I'm hoping it helps these guys to recognize that we're not all troublemakers or not all
[12:25.560 --> 12:29.160]  wackos and crazies out here. Some of us actually know what we're doing.
[12:29.160 --> 12:37.080]  So I'm real pleased to hear that, Scott. Oh, yeah, it was it was really nice because they
[12:37.080 --> 12:43.560]  were they were totally on my side. And you know, the you know, it's just like you said,
[12:43.560 --> 12:48.840]  they work there, but they're also kind of trapped in the in the position when they went to go work
[12:48.840 --> 12:53.080]  there, they thought they were doing a good job. Then when they start seeing how corrupt it really
[12:53.080 --> 13:00.200]  is, they're frustrated. They can't really do anything about it. So it takes us, the people,
[13:00.200 --> 13:06.360]  to start standing up and and holding these judges and these prosecutors accountable for what's
[13:06.360 --> 13:14.360]  going on. And they're there on my side. I mean, they they were shaking my hand, giving me hugs,
[13:14.360 --> 13:23.400]  telling me you go and just don't slow down. And so it's a really good sign. It's you can kind of
[13:23.400 --> 13:31.160]  feel the tide turning that they want the system to change, but they can't do it from their side
[13:31.160 --> 13:38.040]  because they would get fired. But we as pro says, we can go up there and start stomping big old
[13:38.040 --> 13:44.760]  holes all in all kinds of stuff. But I'm being super nice to everybody I run into. I mean,
[13:44.760 --> 13:51.160]  I'm running around in a sweatshirt hoodie up there with all these attorneys running around in
[13:51.160 --> 13:57.480]  their suits thinking they're all high and mighty. And I'm slinging paperwork out all over these courts.
[13:58.040 --> 14:04.920]  And these ladies and, you know, I could say the the bailiff guard, he was just happy as
[14:04.920 --> 14:10.440]  crud just to see me. And I'm telling them, this is what we're doing. And I'm showing them the
[14:10.440 --> 14:15.080]  paperwork and telling them read it real quick. And they start reading it. And they're like,
[14:15.080 --> 14:20.760]  holy smoke. And I'm like, yeah, this is the real deal. We've been working hard at this. We want
[14:20.760 --> 14:28.200]  to change the system. You know, it's not change the system. It's actually hold them accountable
[14:28.200 --> 14:32.840]  to do what they're supposed to be doing, because they're not doing they're not following the law
[14:32.840 --> 14:39.720]  as it's written. And they are really on board with this. So I think it's a it's a real good sign.
[14:40.360 --> 14:48.760]  And Reigns County is in the last couple of weeks, about three weeks, they got one a week. So I sent
[14:48.760 --> 14:55.160]  one on the chief of police, East Tawakini, one on the cop that's working as a sheriff now that
[14:55.160 --> 15:02.440]  used to work at East Tawakini. He just happened to get quit or they told him he needed to relocate
[15:02.440 --> 15:09.080]  but so that cop has his lawsuit and now the county judge has his lawsuit. So there's three in that
[15:09.080 --> 15:16.520]  county right now. And I guarantee they are puckering up and well, I call the county clerk
[15:17.080 --> 15:22.360]  to get some information on the the the case number and everything on the cops so I can
[15:22.360 --> 15:28.600]  write that up in the one on the supervisory neglect on the judge. Once I told her my name,
[15:28.600 --> 15:34.520]  it was yes sir, no sir. And here's the here's the case of the cause number. It only is a couple
[15:34.520 --> 15:39.720]  of digits off that other one you just filed. I said, okay, thank you ma'am. She was like,
[15:39.720 --> 15:44.040]  is there anything else I can do? I was like, no ma'am, you have a great day. Yes sir.
[15:46.680 --> 15:49.080]  That's what happens once you round the corner.
[15:51.240 --> 15:55.720]  You've been through the hard part when they were trying to put you in jail and you never back down
[15:55.720 --> 16:01.400]  from them. Now you're on the other side where it's the fun part. Now you get to take the fight back
[16:01.400 --> 16:11.160]  to them. Okay, so do you have anything else for us? We really have a full call call caller board
[16:11.160 --> 16:17.800]  today. Well, I've been promoting you on my YouTube channel and promoting you on the radio show that
[16:17.800 --> 16:25.320]  I'm doing on Wednesday nights on truthradio.com from 9 to 10 central time. And y'all go to my website
[16:25.320 --> 16:32.360]  or go to YouTube snap through radio and I do a replay of the show. And so y'all can hear it again
[16:32.360 --> 16:37.480]  because my last one was on criminal complaint and I hear the music and I'll let you go.
[16:38.440 --> 16:44.360]  Okay, thank you Scott. This is Randy Kelton, Deborah Stevens, rule of law radio. I call
[16:44.360 --> 16:51.880]  in number 512-646-1984. We will have the phone lines open all night. We do have a full board
[16:51.880 --> 16:57.720]  right now. If you call in and you can't get through, wait till somebody drops off and then call back
[16:57.720 --> 17:04.520]  in because we can only hold about. Thanks Cookie. Cookie? We love cookies. Oh, hi Cookie Munchers.
[17:04.520 --> 17:10.920]  No, these are yucky cookies. Cookie? Yucky? No, no bad cookies. You can't even eat these cookies.
[17:10.920 --> 17:16.920]  These are cyber cookies. You can't eat? No, they are cyber cookies and they clog up your computer.
[17:16.920 --> 17:25.240]  These have apples. Really? Oh, that's an actual apple. Yummy apple. I'm going to throw away these
[17:25.240 --> 17:31.800]  yucky cookies in the trash. I click control, shift, delete and then scroll down to cookies
[17:31.800 --> 17:38.920]  and clear them. Bye bye yucky cookies. Now I go to logosradionetwork.com and I click on the Amazon
[17:38.920 --> 17:44.600]  box on the upper right-hand side, bookmark the link and I can go to Amazon through this link
[17:44.600 --> 17:50.760]  and order you some yummy new cookie. No cookies or me. Consider it an early Christmas present
[17:50.760 --> 17:56.280]  and every time I order on Amazon, I go through this link and I give a little present to this radio
[17:56.280 --> 18:05.080]  network too. These are cookies. These are classified. It's the 2017 Logos Radio Network
[18:05.080 --> 18:10.360]  Annual Fundraiser sponsored by Central Texas Gun Works. Defense distributed in Fatsal's,
[18:10.360 --> 18:16.600]  Delhi. Go to logosradionetwork.com and enter the win. Every $25 donation is a chance to win.
[18:16.600 --> 18:23.000]  From Central Texas Gun Works, first place up for grabs are Spikes Tactical AR-15. Second place,
[18:23.000 --> 18:30.680]  Torres PT-111 G2 9mm Pistol. From Defense distributed, third place, the AR-308 80% lower.
[18:30.680 --> 18:37.560]  Fourth place, the AR-15 8% lower. From Fatsal's, Delhi, fifth place, $100 gift card for Fatsal's,
[18:37.560 --> 18:43.560]  Delhi. Every $25 donation is a chance to win. That's the logosradionetwork.com. Also, if you
[18:43.560 --> 18:48.920]  purchase Randy Kelton's e-book, Legal 101, you get four chances to win. Purchase Eddie Craig's
[18:48.920 --> 18:54.760]  Traffic Seminar, get 10 chances to win. And remember, every $25 donation is a chance to win.
[18:54.760 --> 19:02.120]  Go to logosradionetwork.com for details and donate today.
[19:24.760 --> 19:44.920]  Okay, we are back. Randy Kelton and Debra Stephens, we're live on radio,
[19:45.640 --> 19:50.280]  and we're going to Jason in Texas, first time caller. Hello, Jason.
[19:50.280 --> 19:56.200]  Well, good evening, gentlemen. Good evening. What do you have for us today?
[19:57.720 --> 20:02.360]  I have been working with you on a speeding citation.
[20:05.400 --> 20:10.760]  Okay, Jason went to trafficticket.website and downloaded all the documents and filed them
[20:10.760 --> 20:16.120]  in the court. Tell us what happened in the traffic court with all of these documents that you filed.
[20:16.120 --> 20:26.520]  Well, it was a 100% railroad job. It was met with threats of contempt of court
[20:27.400 --> 20:32.280]  and just a series of overrulings on everything submitted.
[20:34.440 --> 20:39.400]  Okay, have you been listening to Scott Richardson, the guy just before you?
[20:39.400 --> 20:46.280]  No. Okay, you should listen to him on the air. He started out precisely where you were,
[20:47.880 --> 20:56.040]  except they're trying to put him in jail. He went into a bankruptcy and something to do with
[20:56.040 --> 21:04.040]  the DPS changing something in their rule structure caused them to revoke his license over some
[21:04.040 --> 21:10.520]  bankruptcy fee he was supposed to pay that he didn't know about. So he gets a ticket for that
[21:10.520 --> 21:15.640]  and he takes it to court and gets it thrown out. But they keep stomping him for it.
[21:16.920 --> 21:20.840]  And they're trying to put him in jail, but he fought him like a tiger anyway.
[21:22.520 --> 21:29.880]  And now the worms turned. He has got past that front part. Now he is all over them.
[21:29.880 --> 21:33.880]  Yours is going to be a lot easier because I'm not trying to put you in jail.
[21:35.160 --> 21:44.040]  And now you're at the appeal stage in the county court. You filed all the documentation in the
[21:44.040 --> 21:55.800]  county court and like the original court, you received no response. And one of the things
[21:55.800 --> 22:01.960]  that I want to address, I addressed this in Highland County, Highland Park, Texas, one of
[22:01.960 --> 22:09.000]  those before the judge is there. He said, well, Mr. Kelton, if you want to get this in the appeals
[22:09.000 --> 22:14.840]  court, you can just read no little contending in appeal. I said, yeah, I can. He said, because
[22:14.840 --> 22:25.160]  this is not a court record. I said, well, I understand that, that I have a right to an appeal
[22:25.160 --> 22:34.520]  and it will be a trial de novo, as if the original trial didn't happen. But that's only trial de
[22:34.520 --> 22:42.280]  novo for the purpose of perfecting appeal, not for the purpose of shielding the original court
[22:42.280 --> 22:54.120]  from its duty and responsibility. So one of the things that I'm thinking might be a nice maneuver
[22:54.120 --> 23:01.960]  to try is a motion for summary judgment because the original trial court didn't answer your
[23:01.960 --> 23:12.600]  pleadings. This judge is going to want to say, well, it's trial de novo. And you say,
[23:12.600 --> 23:18.680]  it's only trial de novo for the purpose of perfecting appeal, not for the purpose of
[23:18.680 --> 23:25.960]  denying me due process. I had a right to a fair and impartial hearing in the first instance.
[23:27.800 --> 23:32.920]  Which I did not get. Which you did not get. Not by a long shot.
[23:36.920 --> 23:42.920]  So what are you, okay, what are you looking at at this point? You're with seven days before
[23:42.920 --> 23:52.200]  hearing. When is your next hearing? Next Wednesday. Okay, so that's eight days from today.
[23:53.320 --> 24:00.600]  Actually seven more days. So if they were to file a response or if, no, they can,
[24:00.600 --> 24:03.320]  I think they can file a response the day before the hearing.
[24:05.720 --> 24:08.760]  You only have to have one day on a response. If you file a motion,
[24:08.760 --> 24:17.640]  motion has to be filed seven days prior. So how would I check for that response
[24:17.640 --> 24:23.560]  if that has been submitted or filed? You check, they just call the clerk and ask
[24:24.600 --> 24:31.240]  what's been filed in the case because they may have mailed it to you and you might not have
[24:31.240 --> 24:39.400]  received it yet, but they will have had to have had it stamped by the clerk within this time frame.
[24:42.600 --> 24:45.160]  So they can actually file it tomorrow.
[24:48.280 --> 24:50.520]  That's the seventh date before the hearing.
[24:53.240 --> 24:58.760]  And actually you can file, you can still file a motion for tomorrow for like summary judgment.
[24:58.760 --> 25:06.680]  Actually today, today is the, today's Thursday, correct? Yeah, today is the, I'm
[25:06.680 --> 25:12.360]  Oh, I'm sorry. I'm thinking today's Wednesday, today's Thursday. Right. The clocks run out. Yeah.
[25:15.000 --> 25:20.040]  I was using new math. Only on my fingers and toes.
[25:22.360 --> 25:27.960]  Okay. Yeah. So their time is is run out. Just call the clerk and ask the clerk what's been filed in
[25:27.960 --> 25:37.720]  the case and or after what has been filed by the prosecution in the case. So if you don't have to
[25:37.720 --> 25:43.320]  go through all the motions and pleadings that you filed, this is all stack of them.
[25:46.760 --> 25:49.880]  So did you refile these with the county court?
[25:53.080 --> 25:56.360]  Or did you just let the motions you had before the court carried forward?
[25:56.360 --> 26:05.720]  I refiled. Good. Good. That way they won't get to do a song and dance. And the prosecutor didn't
[26:05.720 --> 26:11.960]  respond. Well, he's still got until Tuesday to respond, but I can almost bet he's not going to
[26:11.960 --> 26:23.320]  bother. So when you go into court, you'll object to anything the prosecutor tries to say as surprise.
[26:23.320 --> 26:30.680]  Now, you have motions before the court unanswered. And before we get to anything else, we need to hear
[26:30.680 --> 26:38.440]  these motions and the prosecution cannot be heard because the prosecution chose not to raise any
[26:38.440 --> 26:43.880]  opposition to any of the issues in the motions that were filed. So you have a right to summary judgment.
[26:43.880 --> 26:54.040]  And you have adequate time to do so. Yeah, absolutely. And I did this in Highland Park.
[26:54.040 --> 26:59.320]  I objected to anything the prosecutor said because it was surprising. That really took the judge
[26:59.320 --> 27:07.240]  back. He sat back in his seat for a second and you could see him go inside and process what I just
[27:07.240 --> 27:16.280]  said. And he's thinking he's right. It is surprise that we can't bushwhack him. And this is a court
[27:16.280 --> 27:24.360]  of record. Well, that the judge I had in Highland Park was learning counsel, but this judge certainly
[27:24.360 --> 27:36.040]  is. And have you prepared any charges against the prior judge? Not yet. You might consider,
[27:36.040 --> 27:40.280]  let's put together some criminal complaints against the judge in the original case.
[27:41.400 --> 27:46.600]  Absolutely. And tell the judge your honor, I have some documents I would like to show
[27:46.600 --> 27:54.520]  to the court. Prosecutors going to want to look at them. And once you put them in his hand,
[27:54.520 --> 28:07.000]  they stick to him. Article 2.03 says a prosecutor. It doesn't say county or district. It says a
[28:07.000 --> 28:14.440]  prosecutor or a prosecutor. A prosecuting attorney has made known that a public official has violated
[28:14.440 --> 28:19.640]  the law relating to his office. He shall reduce complaint and information submitted to the grand
[28:19.640 --> 28:28.600]  jury. So you maintain that once the prosecutor asks to look at it, you give him a copy. You
[28:28.600 --> 28:32.920]  don't tell him it's a copy. This is the one you want to show the court. When he has to look at it,
[28:32.920 --> 28:41.800]  you hand him a copy. And when he takes it to look at it, then you step back away from it. So he can't
[28:41.800 --> 28:47.160]  hand it back to you. And when he tries to give it back to you, you say, no, that's okay. I've got
[28:47.160 --> 28:54.840]  another copy. That one's for you. And then you give the other to the judge. He don't know he's
[28:54.840 --> 29:04.920]  stuck to it yet. Then you ask the judge to convene an examining trial. And of course the judge is
[29:04.920 --> 29:18.920]  going to refuse. But now they'll see freight train coming at them. Does that sound like fun? I wish I
[29:18.920 --> 29:25.240]  could do it tomorrow. Yeah, you won't. You will find almost certainly that this judge is not going
[29:25.240 --> 29:31.080]  to be near so arrogant as the first judge. Have you filed a judicial conduct complaint against
[29:31.080 --> 29:39.480]  the judge yet? No. We need to do that tomorrow. We do not. Sounds like it's the idea to me.
[29:40.120 --> 29:48.360]  So we get the judicial conduct complaint in and the judge will be noticed before this gets to a
[29:48.360 --> 29:54.920]  hearing. Before you go back into court next time. And just about everybody's going to know you did
[29:54.920 --> 30:03.720]  it. The judicial conduct complaint against the judge. And we all laughed when cartoonist Scott
[30:03.720 --> 30:09.800]  Adams drew comics of cubicle hell. But his hero, Dilbert, now has science to back him up.
[30:09.800 --> 30:14.680]  I'm Dr. Catherine Albright, and I'll be back to tell you the downsides of the dreaded office cubicle.
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[31:18.120 --> 31:23.000]  Now, if I could just find a quiet place to think, I'll put that in a memo to the pointy-haired boss.
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[32:23.000 --> 32:33.000]  For more information, please visit our website at CatherineAlbrecht.com.
[32:53.000 --> 33:13.000]  Live free speech radio, logosradionetwork.com.
[33:23.000 --> 33:36.680]  Okay, we are back. Randy Kelkin, Debra Stevens,
[33:36.680 --> 33:43.960]  we're off our radio and we're talking to Jason in Texas. Okay, Jason,
[33:43.960 --> 33:54.360]  Judicial Conduct Complaint, this ought to be good because the problem the judge has,
[33:55.480 --> 34:01.720]  I guess we should go into what actually occurred and what happened to your court watcher.
[34:03.480 --> 34:09.400]  Oh, that's a fantastic story. It took all of about four and a half minutes
[34:09.400 --> 34:19.320]  for him to be escorted out and arrested. Kind of tell what happened.
[34:21.240 --> 34:25.560]  The trial, the judge convened the trial or called the trial.
[34:25.560 --> 34:37.480]  Questioned me or advised me on my rights as a citizen, not to incriminate myself.
[34:38.200 --> 34:41.560]  He even, you know, I believe he even said I had a right to a fair trial.
[34:44.200 --> 34:51.160]  And immediately after we started, he was about to swear in the jury when I objected and called his
[34:51.160 --> 34:56.280]  attention to the challenge of subject matter jurisdiction that I had with the court.
[34:57.320 --> 35:08.680]  And he immediately met that with threats of contempt of court quickly after he overruled.
[35:11.320 --> 35:15.320]  Wait, why did he threaten you with contempt of court?
[35:15.320 --> 35:26.360]  I notified him that I did have the challenge before him and he gave it about 10 seconds
[35:26.360 --> 35:34.680]  of pondering and overruled it. And I kind of began to read directly from the pleading about how it
[35:34.680 --> 35:39.720]  couldn't be assumed or couldn't be waived and that it had to be proven. And before I could
[35:39.720 --> 35:45.000]  get to the part about it having to be proven, he made it very clear to me that if they heard
[35:45.000 --> 35:50.280]  one more deep out of me that that would be a contempt of court, that he's already overruled it.
[35:50.280 --> 35:56.200]  He is over any overruled it. He said the words are overruled every time I, you know,
[35:56.200 --> 36:02.600]  started to speak and pretty much just went into shutting me down at all costs.
[36:06.760 --> 36:13.720]  And it was at that moment when, you know, I realized that this was either going to get really
[36:13.720 --> 36:18.360]  expensive or I just needed to go ahead and just, you know, let him, let him, you know,
[36:18.360 --> 36:24.200]  keep the shovel in his hand and keep going with, you know, how he was going to run things in that
[36:24.200 --> 36:34.920]  court that day. And I had a couple of court watchers with me who were trying to get the
[36:34.920 --> 36:44.200]  judge to announce on what grounds he was overruling and he met them even more quickly and furiously
[36:46.600 --> 36:54.680]  one in particular, instructed the bailiff to remove him from the court, never spoke to the
[36:54.680 --> 37:03.800]  man directly, never made any requests or called the court to order and just decided to go ahead
[37:03.800 --> 37:14.600]  and have him removed. And that's the one they arrested? That is the one they arrested. And
[37:14.600 --> 37:21.480]  they charged him with interrupting a meeting originally when they arrested him?
[37:26.280 --> 37:29.720]  That, yes, they charged him with two charges, failure to identify
[37:29.720 --> 37:35.640]  and disrupting an official proceeding, I believe, something to that nature.
[37:37.240 --> 37:41.480]  Yeah, and that's odd because I've never seen a criminal charge of disrupting
[37:42.680 --> 37:50.440]  a proceeding. So he wasn't charged with contempt of court. He was actually charged by the bailiffs.
[37:50.440 --> 37:58.600]  Well, you know, when I got silenced by a threat of contempt of court,
[38:01.080 --> 38:07.880]  when the two gentlemen questioned the judge's grounds for overruling my challenge of subject
[38:07.880 --> 38:14.760]  matter jurisdiction, the prosecuting attorney immediately objected to the people in the gallery,
[38:14.760 --> 38:21.800]  even speaking to the court. And it kind of spiraled out of control from there.
[38:25.800 --> 38:31.720]  So I wanted to get this addressed because if you're a court watcher,
[38:32.840 --> 38:40.520]  you're always just a court watcher. Don't say anything. Do not intervene because you give
[38:40.520 --> 38:49.320]  the judge an opportunity to take a shot at you. But in this case, the judge didn't take a very good
[38:49.320 --> 38:56.920]  shot. The one he had arrested, they arrested him, charged him with one thing, and then when he got
[38:56.920 --> 39:02.760]  to the prosecutor, the first appearance on his arrest, they charged, they changed the
[39:02.760 --> 39:09.560]  charge to something else. So what did they change it to? It sounded like if I'm memory
[39:09.560 --> 39:15.720]  serves correctly, it was the original charge of disrupting a procession with like a class
[39:15.720 --> 39:21.800]  being misdemeanor, and they are upping it to a class A of disorderly conduct.
[39:23.320 --> 39:30.520]  Yeah. And in the class A, in the statements supporting the class A disorderly conduct,
[39:30.520 --> 39:42.280]  what did they say occurred? They claim, and not only was it in, the judge did hold the
[39:42.280 --> 39:51.240]  gentleman in contempt of court along with the two arresting charges. The contempt of court
[39:51.960 --> 39:56.360]  and the statements from the arresting officers, and there were two of them,
[39:56.360 --> 40:03.480]  all pretty much coincided with each other that this gentleman
[40:07.560 --> 40:18.520]  used obscenities, refused court requests, and or was asked to leave several times,
[40:18.520 --> 40:26.120]  and just flat out refused while continuing to stream obscenities out of his mouth as he
[40:26.120 --> 40:38.040]  did leave. Okay. And what's the problem with that? Wow. The biggest one is that's not even
[40:38.040 --> 40:43.720]  anywhere close to how it went down. Yeah. The biggest one is you have a recording.
[40:45.160 --> 40:54.040]  Oh, absolutely. Two of them actually. So what happened here is the person went to
[40:54.040 --> 41:01.240]  be with the prosecutor, and the prosecutor gave him these accusations and the statement with all
[41:01.240 --> 41:08.760]  of these outrageous claims in it, and then he got a phone call, and not the prosecutor,
[41:08.760 --> 41:14.760]  but the accused, and he quickly shut it off. And when he did, the recording out popped open,
[41:14.760 --> 41:19.720]  and the clerk saw it and alerted the prosecutor that he was recording,
[41:19.720 --> 41:28.360]  and the prosecutor asked him to turn it off. Well, the prosecutor had just put an outrageously
[41:28.360 --> 41:36.680]  perjured statement in his hands, and he finds out he's recording the proceedings.
[41:38.360 --> 41:43.720]  If the prosecutor had any sense at all, he should realize that they probably recorded the court
[41:43.720 --> 41:52.920]  proceedings as well. I wish I could be a fly on the wall when that awful moment comes. I mean,
[41:52.920 --> 42:00.360]  it has come yet. So it may not come till you get them, and I hope you don't come until you get
[42:00.360 --> 42:13.960]  them in front of the court. Because the thing about aggravated perjury is you can recant.
[42:16.520 --> 42:19.800]  I guess once it gets before the judge, that's the point in no return.
[42:19.800 --> 42:32.760]  Yeah, it needs to file a document accusing them of aggravated perjury, and including a affidavit
[42:33.480 --> 42:42.120]  with a verbatim recitation of what occurred. And now that's the case. Now, the only chance
[42:42.120 --> 42:47.880]  the prosecutor had was figuring that, was realizing that immediately, and having them recant the
[42:47.880 --> 42:57.240]  testimony. This is pretty outrageous. Now, as aggravated perjury goes, there's a good chance
[42:57.240 --> 43:04.520]  you may actually get these guys. More importantly, you make it the judge. Is this judge a lawyer,
[43:05.560 --> 43:12.840]  the municipal judge? As best as I look him up, as best as I could prior to my trial with him,
[43:12.840 --> 43:21.160]  and as best as I can tell, he's just an accountant. Did we lose you? No, I'm here.
[43:21.880 --> 43:32.280]  Oh, there you go. Okay. So you didn't find him to be, to have a bar card? No. So I did not.
[43:33.480 --> 43:40.360]  So these are the guys that the state commission on judicial conduct tend to crucify. Hang on,
[43:40.360 --> 43:48.280]  about to go to break Randy Kelton, Real World Radio. I'll call it number 512-646-1984. We'll be right
[43:48.280 --> 44:07.160]  back. Hello, my name is Stuart Smith from naturestrueorganics.com, and I would like to invite
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[44:42.840 --> 44:48.760]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
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[46:10.680 --> 46:25.080]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Jason in Texas,
[46:25.080 --> 46:32.040]  and it looks like when they get to court, these guys are going to have a problem,
[46:32.040 --> 46:37.560]  but since the prosecutor didn't withdraw the complaint very quickly,
[46:37.560 --> 46:42.920]  it might not have occurred to him that you actually recorded the court proceedings.
[46:44.760 --> 46:53.160]  So we'll talk to your court watcher and get him to file a motion to dismiss,
[46:54.280 --> 46:59.880]  along with an affidavit and an accusation of aggravated perjury against both the officers,
[46:59.880 --> 47:10.760]  and conspiracy to commit against the prosecutor. Because it seems clear based on the original
[47:10.760 --> 47:20.920]  charges being changed and upgraded to a higher charge, if it were me, my accusation would be
[47:20.920 --> 47:27.960]  is that the prosecutor looked at what occurred and determined that the police officers had made
[47:27.960 --> 47:36.440]  a big mistake. So he got together with the police officers and said, okay, let's upgrade this so we
[47:36.440 --> 47:41.400]  can force this guy to take a deal. But the class C misdemeanor, he's not going to take a deal,
[47:41.400 --> 47:47.480]  so we have to upgrade it high enough that we can keep him from going to court and getting an
[47:47.480 --> 47:55.000]  adjudication in his favor that he's going to wind up suing us. So he had these guys put together
[47:55.000 --> 48:02.520]  this damning document so that he could charge them with class A misdemeanor and then deal it back.
[48:04.680 --> 48:12.760]  Well, you got him. You caught him pulling a shyster shenanigan. So if it was me,
[48:12.760 --> 48:19.160]  I would charge them all with conspiracy, with aggravated perjury and malicious prosecution.
[48:19.160 --> 48:29.000]  Bargree, the prosecutor, judicial conduct, complaint, the original judge and Bargree,
[48:29.000 --> 48:33.480]  the original prosecutor, just ding them all.
[48:37.480 --> 48:40.200]  Does that sound like fun, Mark? No, Mark. Jason?
[48:41.160 --> 48:45.400]  It does. They really seem to have this racket worked down to a science.
[48:45.400 --> 48:51.160]  I would not be surprised that this was a pretty much an everyday occurrence in this court.
[48:53.400 --> 49:04.360]  That's a good point. You might want to check the records for all instances of contempt of court
[49:04.360 --> 49:23.000]  being filed by the judge. You might look at 202 pre-litigation discovery to depose the bailiffs
[49:23.000 --> 49:33.480]  and the clerks to find out how often the judge threatens litigants in the courtroom.
[49:35.480 --> 49:36.360]  That's a good idea.
[49:39.160 --> 49:43.320]  But that'll make them real unhappy. The best way to fix these problems
[49:43.880 --> 49:46.600]  is to make what they're doing really backfire on.
[49:46.600 --> 49:57.800]  202 motion to preserve evidence is relatively easy to do. Then you get to depose these guys and
[49:57.800 --> 50:04.520]  ask them questions they are not going to want to answer. We ask these bailiffs how many times
[50:04.520 --> 50:10.280]  have you arrested someone from this courtroom? How many times have you charged them with
[50:10.280 --> 50:20.920]  disrupting a meeting with anything? How many times has the judge accused someone to charge
[50:20.920 --> 50:28.280]  someone with contempt of court? Then we go to the clerk and we want to know who was charged
[50:28.280 --> 50:34.280]  with contempt of court, what day, what time. When they see you digging through your records like that,
[50:34.280 --> 50:41.320]  they're all going to be frightened, especially if you start filing criminal charges against them.
[50:43.000 --> 50:46.840]  When you start filing criminal charges, the prosecutors are going to do everything they
[50:46.840 --> 50:52.840]  can to shield them from prosecution. We use that as a reason to go after the prosecutors
[50:54.440 --> 51:01.960]  and just steady turn the heat up on them. I did catch the prosecutor winking at the judge
[51:01.960 --> 51:11.240]  in the middle of my trial while we were doing jury selection. If I played the video long enough,
[51:11.240 --> 51:18.440]  you'll hear me call him out on it. That probably annoyed the judge. You probably got the judge mad
[51:18.440 --> 51:23.960]  before you even started. He was probably upset because he had to waste his time with the trial
[51:23.960 --> 51:33.960]  to start with. He was already mad because that took place after the first four and a half minutes.
[51:33.960 --> 51:42.760]  You might go down and sit in his courtroom. The next time he has court, watch.
[51:46.440 --> 51:52.920]  Or get a third party to go sit in the courtroom. Oh, I don't mind him seeing my face there.
[51:52.920 --> 51:59.480]  No, no, he'll be more carefully to see your face. Oh, somebody he doesn't know.
[52:02.920 --> 52:10.040]  And they have no authority to ask you why you're there, but they do anyway. And I always tell them
[52:10.040 --> 52:21.480]  I'm there for entertainment. But in this case, you might want him to have another reason,
[52:21.480 --> 52:27.880]  like you might tell him that a friend of yours got a ticket and he was supposed to come down here.
[52:28.760 --> 52:32.040]  And I was waiting for him and I thought I'd just sit in and watch the hearing.
[52:33.400 --> 52:38.920]  So they don't perceive him as any kind of threat. Let him watch how this judge handles himself.
[52:42.120 --> 52:45.080]  You can use that against him when you get to that point.
[52:45.080 --> 52:52.200]  When you get to the point of the judicial conduct complaint. Because you'll follow
[52:52.200 --> 52:57.800]  the judicial conduct complaint, especially the sounding this outrageous. They're likely to look
[52:57.800 --> 53:03.960]  into it. And okay, before we follow the judicial conduct complaint, need to go back onto the judicial
[53:03.960 --> 53:09.560]  conduct site. And they have a listing of all the sanctions they filed against judges.
[53:09.560 --> 53:17.880]  And go down the list and look at the things they've sanctioned judges for. And try to write your
[53:17.880 --> 53:23.960]  complaint so it coincides with what they're actually sending the judges for. And most of it
[53:24.840 --> 53:32.200]  is just the judges not knowing the law. And here you got a pretty good shot at this judge.
[53:33.160 --> 53:37.160]  Because he had a subject matter jurisdiction challenge and he clearly did not know what it
[53:37.160 --> 53:45.400]  clearly did not know what it was. And since it was subject matter jurisdiction, you have to
[53:45.400 --> 53:50.840]  file a suit against him. Just for nothing else for yucks.
[53:53.000 --> 53:57.960]  Just on general principle. I mean to watch the whole thing unfold. I mean it was disgusting.
[53:59.320 --> 54:03.640]  So the only time you can file a suit against a judge is when he acts without subject matter
[54:03.640 --> 54:09.560]  jurisdiction. I'm writing a answer to a suit and a counter complaint. We're going to name the judge.
[54:12.280 --> 54:15.640]  It cues him of acting without subject matter jurisdiction suit him.
[54:18.680 --> 54:23.880]  This is a visiting district judge because the judge in this jurisdiction passed away.
[54:24.520 --> 54:30.520]  And this is a visiting judge that's visiting until the governor appoints a new judge to his place.
[54:30.520 --> 54:37.560]  Well, it's a poll dump county. Not very many people here. So the governor's not too interested in
[54:37.560 --> 54:42.840]  getting the job done. So they have this visiting judge. I'm going to file a judicial conduct
[54:42.840 --> 54:48.520]  complaint against him because he's smart mouthed me. I didn't like his attitude.
[54:50.840 --> 54:55.880]  And they were going to, I'm writing this suit for these people. We're going to sue the judge
[54:55.880 --> 55:05.720]  personally. See if we can't get his attitude adjusted a little. Okay. Do you have anything
[55:05.720 --> 55:11.880]  else for us, Jason? I do not today. But I thank you very much for having me on your show tonight.
[55:11.880 --> 55:17.800]  I really enjoyed being here. Okay. Thank you, Jason. And we've got a full board of callers.
[55:17.800 --> 55:25.560]  So now we're going to go to Ken in New York. Hello, Ken. Thank you for taking my call again,
[55:25.560 --> 55:34.200]  Randy. What do you have for us today? It has to do with a little mortgage project. I have been
[55:34.200 --> 55:40.920]  working on it, but I hit a little difficulty with the public record because of my schedule
[55:40.920 --> 55:45.640]  and the distance between them and me. It's not that far from here, but it's the traffic is
[55:45.640 --> 55:50.520]  terrible in the amount of time. They only have a limited number of seats available. They force you
[55:50.520 --> 55:59.800]  to have to wait for a seat, which is really a standing up seat. And then you have to print
[55:59.800 --> 56:07.960]  each picture. They have it in picture form, like an image. You would ask me to get all of the filings
[56:07.960 --> 56:14.760]  in my property record. Okay. Let me make a suggestion. Can you see these documents on a
[56:14.760 --> 56:23.160]  computer screen? Yes, but not at home. That's really the problem. Okay. So you mean they don't
[56:23.160 --> 56:30.200]  have enough computers, so you have to stand in line and wait for one? Right. And what I was trying,
[56:30.200 --> 56:36.920]  what I expected by now, being 2017, is that I should have been able to get a dump of the
[56:36.920 --> 56:43.000]  entire record into a key drive and then go home and pour over it and decide what was relevant
[56:43.000 --> 56:51.000]  or not. And it would just take me too long. Okay. Hold on. I have a suggestion. Okay. Do you have
[56:51.000 --> 57:05.160]  a smart phone? No. You do know that this is the 21st century. Yeah, I know. Do you have a phone
[57:05.160 --> 57:14.600]  with a camera on it? Well, I actually do have one. I could use it as a standalone device.
[57:14.600 --> 57:20.120]  Yeah, you don't need to hook up the internet. Yeah. Okay. Wear a shirt with a short pocket so you
[57:20.120 --> 57:26.280]  can drop that phone in the pocket and the camera lens will stick up above the lip of the pocket.
[57:27.320 --> 57:31.160]  Oh, I don't think there's any problem with using it in the place. I think it's just,
[57:31.160 --> 57:41.000]  it occurred to me, but I was, here's the thing. We pay for the public record, no doubt. And it
[57:41.000 --> 57:46.440]  turns out that you can get, if you want to be able to see everything at home, all I can get
[57:46.440 --> 57:53.080]  is the, like a summary of what's been filed. Yeah. Can't get the actual image. But if I wanted to
[57:53.080 --> 57:59.400]  subscribe to several thousand dollars a year, I can get everything at home. So I'm thinking of going
[57:59.400 --> 58:06.600]  to my councilman and asking him, why is it that I think I'm being discriminated against?
[58:08.040 --> 58:15.560]  Well, there's a number of places where they do that. And I think technically they're allowed to,
[58:16.120 --> 58:22.280]  unless you have laws that order them to make their documents available on the internet,
[58:22.280 --> 58:27.080]  some states have that, some states don't. So if the clerk makes it available on the internet,
[58:27.080 --> 58:30.840]  they do it at their discretion. So they can do it however they want to. Hang on,
[58:30.840 --> 58:36.360]  about to go to break. Randy Kelton, Deborah Stevens, rule of law radio are called in number
[58:36.360 --> 58:40.920]  512-646-1984. We'll be right back.
[58:50.120 --> 58:55.720]  The Bible remains the most popular book in the world. Yet countless readers are frustrated
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[59:25.320 --> 59:31.000]  which you've ever experienced before. Bibles for America would like to give you a free recovery
[59:31.000 --> 59:37.720]  version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us
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[59:49.880 --> 59:58.840]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:02.440 --> 01:00:07.480]  The following news flash is brought to you by The Lowest Star Lowdowns, providing the
[01:00:07.480 --> 01:00:15.560]  Delhi bulletins for the commodity market, today's history, news updates, and the inside scoop into
[01:00:15.560 --> 01:00:26.360]  the tides of the alternative. Markets for Wednesday, the 13th of September, 2017, closed with gold
[01:00:26.360 --> 01:00:35.240]  at $1,323.24 an ounce. Silver, $17.78 an ounce. Texas Crude, $48.23 a barrel. Bitcoin is about
[01:00:35.240 --> 01:00:49.560]  $3,876 and Dashcoin sits about $300 US currency. Today in history, the year 1541, after three years
[01:00:49.560 --> 01:00:55.880]  in exile, John Calvin returns to Geneva to reform the church under a body of doctrine known as Calvinism.
[01:00:55.880 --> 01:01:04.520]  Today in history. In recent news, Hillary Clinton's new already on discount book would happen officially
[01:01:04.520 --> 01:01:09.400]  hit store shelves Tuesday. Of the many things she blamed for her loss in the 2016 presidential race,
[01:01:09.400 --> 01:01:13.240]  she mentioned Russia in the election within the first few pages. Quote, the press treated
[01:01:13.240 --> 01:01:17.320]  our warnings about Russia like it was spin we'd cooked up in order to distract from embarrassing
[01:01:17.320 --> 01:01:21.640]  revelations. She blamed President Trump saying that listening to Trump, it almost felt like there
[01:01:21.640 --> 01:01:26.040]  was no such thing as truth anymore, that his strategy consisted of an appeal to the ugliest
[01:01:26.040 --> 01:01:30.520]  impulses of our national character. She blamed Wall Street. I didn't think many Americans would believe
[01:01:30.520 --> 01:01:34.920]  that I'd sell a lifetime of principle and advocacy for any price. I should have stayed away from
[01:01:34.920 --> 01:01:40.200]  anything having to do with Wall Street. I didn't. That's all me. Yeah, right, Hillary. Closed door
[01:01:40.200 --> 01:01:44.520]  meetings with Wall Street corporate donors could have had no foreseeable problems. She blamed
[01:01:44.520 --> 01:01:49.000]  the scandal over State Department emails on her private server. It was a dumb mistake, she said,
[01:01:49.000 --> 01:01:53.960]  but even a dumber scandal. It was like quicksand. The more you struggle, the deeper you sink.
[01:01:53.960 --> 01:01:58.040]  She blamed former FBI Director James Comey saying that quote, Comey made the choice to
[01:01:58.040 --> 01:02:03.560]  extricate me in public in July and then dramatically reopened the investigation on October 28.
[01:02:03.560 --> 01:02:07.480]  Oh, while refusing to say a word about Trump in Russia, not for those decisions,
[01:02:07.480 --> 01:02:11.800]  everything would have been different. And she even blamed patriarchy, stating that sexism and
[01:02:11.800 --> 01:02:17.960]  misogyny played a role in the 2016 presidential election. Exhibit A is the flagrantly sexist
[01:02:17.960 --> 01:02:27.080]  candidate one. Days after Hurricane Harvey's onslaught across the Lone Star State, the coast
[01:02:27.080 --> 01:02:31.560]  was still very much littered with dead fish and other sea creatures. Pretied to say of the National
[01:02:31.560 --> 01:02:36.040]  Auburn Society discovered a strange-looking sea animal posting a photo of it on Twitter
[01:02:36.040 --> 01:02:41.080]  to see if anyone knew what it was. Experts responded with guesses that it was some sort of eel,
[01:02:41.080 --> 01:02:45.960]  possibly a fingtooth snake eel. Harvey was the longest hurricane that remained a name
[01:02:45.960 --> 01:02:51.640]  stormed after landfall in Texas. It killed at least 70 people and dumped at least 51 inches of rain.
[01:02:51.640 --> 01:02:58.200]  This was Brook Rody with your lowdown for September 13, 2017.
[01:03:21.640 --> 01:03:44.840]  Okay, we are back. Randy Kelton with the radio. And we're talking to Ken in New York. And Ken,
[01:03:44.840 --> 01:03:52.520]  if you take a phone with it that'll do video and just when you get in there, set it to record,
[01:03:52.520 --> 01:03:58.680]  stick it in your pocket. And make sure you kind of turn so the camera points at the screen each
[01:03:58.680 --> 01:04:08.120]  time you bring a document up. I can then take those images, run a scanner app on the image,
[01:04:08.120 --> 01:04:16.600]  and turn it into a document. So you just pull up each of the documents, look at it for a second,
[01:04:16.600 --> 01:04:22.280]  two, go to the next one, and we'll get an image of all of the documents. Then you come home and
[01:04:22.280 --> 01:04:27.560]  you can send me the file. And I can capture all of those out of there and turn them into documents.
[01:04:28.680 --> 01:04:33.800]  So I do have a Samsung smartphone. I just don't have it connected to a service,
[01:04:33.800 --> 01:04:40.200]  but I think I could work that out. Yeah, that Samsung work just fine. You don't need it connected.
[01:04:41.240 --> 01:04:50.120]  You can just plug it in, plug the charger lead into your computer. Your computer will see it,
[01:04:50.120 --> 01:04:55.240]  and you can download it right off the phone. I have extra batteries for it, so that's not a
[01:04:55.240 --> 01:05:04.680]  problem. You can use the batteries on this one. It's an older one. Good, good. So that'll take
[01:05:04.680 --> 01:05:12.120]  care of getting the documents you need. Since I'm actually closer to my legislator and my councilman,
[01:05:12.120 --> 01:05:17.000]  I'm going to try to hit on them first and ask them if they can. It is close to election time,
[01:05:17.000 --> 01:05:21.560]  and that's when you seem to get the most action out of them. I'll just ask them if they can do
[01:05:21.560 --> 01:05:27.640]  me a favor and just give me a dump. I have no idea how many records would be in this thing,
[01:05:28.360 --> 01:05:33.960]  so if it's not a big thing, maybe they can just do it for me. Because I still, the point is,
[01:05:33.960 --> 01:05:40.440]  I don't see why I have to pay a premium to get access to something. When most of the people at
[01:05:40.440 --> 01:05:46.920]  the down there using all of these seats up, they come in with the airport bags with the wheels,
[01:05:46.920 --> 01:05:52.200]  so they're there for some kind of business. But the people that have the deep pockets can afford
[01:05:52.200 --> 01:05:59.640]  the subscription. Since it's personal, why do I have to pay a subscription?
[01:06:00.920 --> 01:06:08.120]  So when I get a problem with the clerk, then I make them bring me the hard copy documents.
[01:06:08.120 --> 01:06:18.040]  Oh, they do not like that. Sorry, life is tough. You want to be difficult with me? Deal with it.
[01:06:19.080 --> 01:06:24.760]  Well, I have found in my experience that it's better not to even bother with them and just
[01:06:24.760 --> 01:06:30.520]  because you never get past the interference, like the person sitting at a desk. I just go to a
[01:06:30.520 --> 01:06:37.160]  legislator or somebody above them and start that way first. That is a real good way. And it gets
[01:06:37.160 --> 01:06:45.800]  you to know your legislator as well. Most people never talk to their legislators. And because of
[01:06:45.800 --> 01:06:57.720]  that, the ones who do have a lot more influence. I'm in a state with 27 million people. And I go
[01:06:57.720 --> 01:07:03.640]  to these legislative hearings, these subcommittee hearings. Half a dozen people show up for a
[01:07:03.640 --> 01:07:10.360]  hearing. These are issues that really matter. And we're going to have a dozen people here.
[01:07:10.920 --> 01:07:16.200]  The room's full of people, but they're not here for this hearing. They're all here for their
[01:07:16.200 --> 01:07:19.480]  particular issue. They don't know when it's going to come up. So they've got to sit there and wait
[01:07:19.480 --> 01:07:25.640]  till it comes up. An issue comes up and four or five people talk to the legislators. So those four
[01:07:25.640 --> 01:07:35.480]  or five people in a state of 27 million have pretty good influence. And if you call your
[01:07:35.480 --> 01:07:41.480]  legislator on a regular basis, you're going to be rather influential and he's going to try to help
[01:07:41.480 --> 01:07:46.760]  you. Go ahead. You want to know something? Every time I've gone down to one of these offices,
[01:07:46.760 --> 01:07:52.920]  nobody waiting online. I just go right in and I either see an aide or there's a couple of people
[01:07:52.920 --> 01:08:00.120]  standing around and nobody ever sees these people. I just go walk right in. They're close enough to
[01:08:00.120 --> 01:08:05.960]  me that it's a lot easier for me to get to them than just to get to the public record. And I've
[01:08:05.960 --> 01:08:11.640]  had several problems with noise problems. I think I mentioned this a while back. That problem got
[01:08:11.640 --> 01:08:18.120]  fixed and a couple other problems. It's better to go to them because they have power over these
[01:08:18.120 --> 01:08:25.560]  people. They write their budgets. They control the regulations. And we need to get more involved
[01:08:25.560 --> 01:08:32.600]  with our legislators. Now, this is a great way to do it. And the legislators are glad to do it
[01:08:32.600 --> 01:08:41.560]  because they figure every person who's going to vote for me, I can count five votes. If I eat
[01:08:41.560 --> 01:08:47.560]  any person I make happy, I can count five votes because of his sphere of influence. And the happier
[01:08:47.560 --> 01:08:54.120]  I make him, the more votes I can count. I just hope they don't realize I'm a nobody.
[01:08:56.360 --> 01:09:03.720]  Actually, they know who the most dangerous person in the room is and it's always you.
[01:09:05.480 --> 01:09:08.920]  For the most part, they don't want us to know that, especially public officials.
[01:09:10.040 --> 01:09:16.440]  They do not want us to know that when I walk into a courtroom, they don't want me to know I'm the most
[01:09:16.440 --> 01:09:23.080]  powerful person in the building. They're all servants. I'm the master of those servants.
[01:09:24.440 --> 01:09:31.480]  You are what frightens them the most because you can hammer anybody in the building.
[01:09:32.680 --> 01:09:41.000]  They can't. They have to follow all of these protocols. You don't have to. And my job on this
[01:09:41.000 --> 01:09:50.360]  show is to teach as many people that as possible. And your suggestion of going to legislators over
[01:09:50.360 --> 01:09:57.800]  these kinds of issues, I should have told Jason to go to his legislator and bring that up to him.
[01:09:58.600 --> 01:10:06.360]  Because what happens is you go to the legislator and you'll talk to an aide and the aide will
[01:10:06.360 --> 01:10:13.160]  call down to the office whatever you're complaining about to get their side of the story.
[01:10:15.800 --> 01:10:20.280]  That is not going to make them happy when they've got the legislator looking at them.
[01:10:21.000 --> 01:10:28.040]  That will really get you influence. Well, each one of these people that I had visited,
[01:10:28.040 --> 01:10:33.640]  the reason I visited them the first time was due to the hospital suit that I had that I mentioned
[01:10:33.640 --> 01:10:39.160]  in the past where I had to stick to discontinue with prejudice. And I went in and I showed the
[01:10:39.160 --> 01:10:43.960]  paper to each one of them. And I said the problem I was having is it hasn't come back from the court
[01:10:43.960 --> 01:10:50.520]  yet. So they both got involved and they actually went to the court record or the part. Apparently
[01:10:50.520 --> 01:10:54.520]  there's a couple of different things where the judge has to look at it and approve it.
[01:10:55.320 --> 01:11:00.360]  And they told me it was just a matter of paperwork and time and I would get it back.
[01:11:00.360 --> 01:11:04.440]  So each one of them. So I said, you know, I beat the attorney general in New York
[01:11:05.480 --> 01:11:11.080]  and that's the hospital death suit, which is like 1% out of them, you know, almost never happened.
[01:11:11.960 --> 01:11:16.920]  I don't know, maybe I got lucky, but I did a lot of homework and it took me a year to figure that out.
[01:11:18.600 --> 01:11:23.320]  And legislators like this, for the most part, they don't know what's going on.
[01:11:23.320 --> 01:11:27.960]  Have you ever heard of a white paper?
[01:11:30.200 --> 01:11:31.400]  Well, I've heard of them. Yeah.
[01:11:32.040 --> 01:11:40.040]  Okay. What a white paper is, is a proposal for legislation. If you want your legislator
[01:11:40.680 --> 01:11:47.160]  to promote a piece of legislation, you have to do all the homework for him. He doesn't have the
[01:11:47.160 --> 01:11:53.960]  staff. He doesn't have the time. So you do all the homework, you find out what it's going to cost,
[01:11:55.160 --> 01:12:02.920]  how it's going to affect other laws, how it's going to play politically. You give him something he
[01:12:02.920 --> 01:12:09.640]  can sell, then you'll get the legislator to do something. But if you just go to him and want
[01:12:09.640 --> 01:12:16.200]  him to do something, he doesn't have the resources. So I'd like to call you back about that tomorrow
[01:12:16.200 --> 01:12:20.120]  night when you have more time, because they actually have an issue. It has to do with handicap
[01:12:20.120 --> 01:12:26.920]  parking. And why do you have to keep renewing a parking permit when you've already had a permanent
[01:12:26.920 --> 01:12:34.920]  diagnosis of a handicap? Actually, you can get a permanent one, and maybe not in your state,
[01:12:34.920 --> 01:12:40.440]  but I know a friend of mine here in Texas has one. In my state, you have to have,
[01:12:40.440 --> 01:12:46.440]  to get a truly permanent one, you have to have the parking plate with the symbol on it. And my
[01:12:46.440 --> 01:12:52.840]  argument is that if I don't have a pistol permit, I might be an easy mark by somebody seeing that
[01:12:52.840 --> 01:13:03.480]  handicap symbol on my parking license plate. So I only get the ticket that you hang up on the window
[01:13:03.480 --> 01:13:13.480]  when you need it. Well, actually, that's what he has. But it doesn't have an expiration date on it.
[01:13:14.520 --> 01:13:20.680]  Right. But mine is every five years, and it turns out the problem I had was that the doctor,
[01:13:21.400 --> 01:13:27.240]  basically, since I was in the television repair business at one time, the doctor that I go to
[01:13:27.240 --> 01:13:33.560]  now wouldn't renew it rather than the surgeon that operated on me. And I said, oh, I guess we only
[01:13:33.560 --> 01:13:42.440]  service what we sell, right? Yeah, that's that's why I boiled it. Well, I'll call you back tomorrow
[01:13:42.440 --> 01:13:48.360]  about that. But before I go, I'd like to comment something on a previous caller. Is it possible
[01:13:48.360 --> 01:13:53.960]  when you go into court and the judge is deciding whether he's going to bang you with a contempt
[01:13:53.960 --> 01:13:57.800]  at the court? Do you think he's looking at your police record to see if you've been arrested before
[01:13:57.800 --> 01:14:07.320]  and what kind of record you have? That's a good question. Can the judge run a criminal history?
[01:14:08.760 --> 01:14:14.440]  Now, for a policeman to run a criminal history, he has to be able to show probable cause.
[01:14:15.400 --> 01:14:21.960]  Right. A permissible purpose or something like that. Right. I don't know if a judge can do that.
[01:14:21.960 --> 01:14:28.600]  I don't think so. Well, I'll tell you what, what I found out when I've gone into legislators and
[01:14:28.600 --> 01:14:35.080]  the councilman's office is if they can look, they seem to have access to everything.
[01:14:36.280 --> 01:14:41.720]  Now, for example, in my case, I did win a case, but I've never actually been in front of the judge.
[01:14:41.720 --> 01:14:47.640]  But of course, I could still consider being in litigation. And it just turned out that way,
[01:14:47.640 --> 01:14:56.840]  had nothing to do with me. They just decided not to come after me. So it just seems to me that
[01:14:56.840 --> 01:15:04.760]  I never been in that situation. But I wondered about it because I'm 64 and I've never, ever
[01:15:04.760 --> 01:15:13.160]  been arrested for anything. And I haven't had a ticket, even a speeding ticket since 1985.
[01:15:13.160 --> 01:15:19.080]  And that wasn't my fault, though, because I had a 69 Chevelle Super Sport. I'd blame it on the car.
[01:15:21.400 --> 01:15:27.800]  69 Chevelle Super Sport. Best weight distribution of any vehicle ever put on the road.
[01:15:29.080 --> 01:15:34.920]  When I worked in high performance equipment, we built, we primarily wanted to build on a 69
[01:15:34.920 --> 01:15:46.120]  Chevelle Super Sport. We built AA fuel, we built one, we put a 426 Hemi in one of those things
[01:15:47.560 --> 01:15:53.880]  because it was the best body. Mine was Fire Engine Red. It had a 396,
[01:15:53.880 --> 01:16:03.880]  it was 325 horse with a turbo 400 automatic, 4-weapon. It has a truck and a gearing ratio in it.
[01:16:03.880 --> 01:16:10.680]  Okay. Yeah, probably a 411, pause attraction. That will get you a ticket just for being what it is.
[01:16:13.640 --> 01:16:17.400]  I had cops pull me over just to look at the engine, the chrome valve.
[01:16:17.400 --> 01:16:27.480]  Okay. Yeah. By the way, one last thing, part of my handicap involves having my foot up my rear
[01:16:27.480 --> 01:16:36.680]  end for the letting it go. Okay. Okay. We're about to go to break. This is, okay. We'll get you
[01:16:36.680 --> 01:16:44.600]  tomorrow. Thank you. Ken, this is Randy Kelton, Wheel of Law Radio. I call in number 512-646-1984.
[01:16:44.600 --> 01:16:53.880]  We've got three more segments left and two more callers and Jeff would be probably pretty quick,
[01:16:53.880 --> 01:16:58.120]  but Mark could take a while, so we may not have much time left. We'll be right back.
[01:16:59.960 --> 01:17:04.840]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. I'm so
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[01:19:25.240 --> 01:19:40.040]  Okay, we are back. We're Andy Kelton,
[01:19:40.040 --> 01:19:47.080]  Debra Stevens, Rule of All Radio. And before we go to callers, I do want to bring up that we still
[01:19:47.080 --> 01:19:53.160]  have our fundraiser going. We haven't met our goals and we need to so that we can keep our
[01:19:53.160 --> 01:19:57.640]  equipment up and keep the show on the air. We're still $1,200 short of our goal.
[01:19:59.560 --> 01:20:05.640]  We still have the gun giveaways and Deb hopes to get this done before Thanksgiving
[01:20:05.640 --> 01:20:12.680]  so she can have the drawing and get everything taken care of. So if you have a few extra dollars,
[01:20:12.680 --> 01:20:19.720]  we could sure use it to help keep the station on the air. Okay, we're going to go to Mark in
[01:20:19.720 --> 01:20:24.360]  Wisconsin. Hello Mark, what do you have for us today?
[01:20:26.280 --> 01:20:33.480]  Well, Mr. Kelton, I have a question about discovery and what a judge says.
[01:20:35.240 --> 01:20:42.680]  The situation is there was a hearing on October 5th and the judge stated that I had asked him
[01:20:42.680 --> 01:20:48.760]  in a motion that the plaintiff be collateral stop from introducing more information.
[01:20:48.760 --> 01:20:56.040]  And because he wasn't answering discovery, that would create new law and the new situation I
[01:20:56.040 --> 01:21:01.080]  pointed out in the motion. The judge, of course, immediately shot it down. I said, well, then I'd
[01:21:01.080 --> 01:21:07.960]  like to instead move the court to compel discovery. He said, okay, fine. So we had a nice little talk
[01:21:07.960 --> 01:21:16.600]  about discovery. And at the end of the hearing, the attorney was ordered or volunteered, all
[01:21:16.600 --> 01:21:22.440]  depends on your point of view, to write up what the orders were going to be. However,
[01:21:23.160 --> 01:21:30.280]  in the formal record, it was written down discovery and the only record that has been done so far.
[01:21:30.280 --> 01:21:39.720]  Discovery by the 19th of October. Well, on the 25th here, he's finally gotten around to writing up
[01:21:39.720 --> 01:21:50.200]  an order after discovery was supposed to be done. And it appears that he's trying to limit the amount
[01:21:50.200 --> 01:21:57.320]  of information that he'd have to come up with with discovery. To me, this sounds like going ahead
[01:21:57.320 --> 01:22:06.120]  and writing up an order after something should have been done is the bell's already been rung.
[01:22:06.120 --> 01:22:13.880]  And to get the judge to sign off on that would be changing a reality after it's already happened.
[01:22:14.840 --> 01:22:16.280]  But I wanted to get your opinion.
[01:22:24.280 --> 01:22:25.880]  Okay, I'm not hearing you.
[01:22:28.680 --> 01:22:34.120]  You write up the order and present it to the court. You write up the order the way the judge
[01:22:34.120 --> 01:22:44.040]  requested it and ask him to accept yours instead of the one with stipulations that the
[01:22:45.000 --> 01:22:47.960]  lawyer filed and then asked for sanctions against the lawyer.
[01:22:49.880 --> 01:22:58.120]  All right. I am given five days to review and debate the order. I've also asked for a copy
[01:22:58.120 --> 01:23:04.360]  of the audio from the hearing. And I'm being told that while it's going to cost me $10,
[01:23:04.360 --> 01:23:12.520]  releasing the copy needs to be approved by the judge. And there's no timeframe either in statute
[01:23:12.520 --> 01:23:18.360]  or by tradition, apparently, as to how quickly that can happen.
[01:23:18.360 --> 01:23:27.800]  So, do I have any option there to get some redress that you can think of?
[01:23:28.520 --> 01:23:32.920]  Well, that's part of discovery. If the judge has ordered discovery within a certain date
[01:23:33.960 --> 01:23:40.200]  and the court reporter doesn't produce it within that timeframe, then you ask for
[01:23:40.200 --> 01:23:44.680]  sanctions against the court reporter and file a professional conduct complaint against the court
[01:23:44.680 --> 01:23:49.160]  reporter. There was no reporter. It's just a machine.
[01:23:51.160 --> 01:23:53.320]  Who produced and filed against the clerk?
[01:23:56.040 --> 01:23:57.960]  Okay. His clerk?
[01:23:59.080 --> 01:24:08.520]  Yeah. Well, the clerk of court, not the judge's clerk. For those who don't get this distinction,
[01:24:08.520 --> 01:24:17.320]  in some places they call the judge a court administrator or sometimes they call it a
[01:24:17.320 --> 01:24:23.720]  court clerk, but this is someone who handles the calendar for the judge. Then this particular
[01:24:23.720 --> 01:24:31.400]  person works directly for this judge. Then there is a court clerk that is the clerk of courts
[01:24:31.400 --> 01:24:38.680]  for the whole court. If there's more than one judge, it's like a district clerk and the county
[01:24:38.680 --> 01:24:46.040]  clerk. That's the clerk. When you talk about the judge's clerk, it may or may not be that same
[01:24:46.040 --> 01:24:52.040]  individual. So, I'm being pedantic here, so we understand the difference. So, you want to go
[01:24:52.040 --> 01:24:55.400]  to the clerk of the court and not the judge's clerk.
[01:24:55.400 --> 01:25:01.720]  Okay. What about going ahead and adding it to the
[01:25:02.840 --> 01:25:11.000]  personal lawsuit since releasing the audio sounds to me like an administrative function
[01:25:12.120 --> 01:25:18.040]  and go ahead and claim that this is just being done to obstruct the flow and blah,
[01:25:18.040 --> 01:25:32.840]  blah, blah. Go for the 42 U.S.C. 1984. 3. 83. Okay. Yeah, but filing a 42 U.S. Code 1983 suit
[01:25:32.840 --> 01:25:38.440]  says a little cumbersome for something that minor. You probably get that done a lot easier
[01:25:38.440 --> 01:25:46.680]  just by... I was already going to be filing one of those anyway with him
[01:25:47.240 --> 01:25:53.000]  per our previous conversations, so it would just get added as far as I'm concerned.
[01:25:53.000 --> 01:25:58.440]  Yeah. Oh, then you could just name the clerk as another defendant. That'll make the clerk real
[01:25:58.440 --> 01:26:08.360]  unhappy. All right. They really hate to be sued. People threaten to sue them all the
[01:26:08.360 --> 01:26:14.440]  time, but for the most part, they don't sue them. When somebody does sue them, they get real unhappy.
[01:26:16.440 --> 01:26:25.960]  Well, how about instead of the clerk, I did do a PRI for the who's paid for the device,
[01:26:26.520 --> 01:26:32.920]  and I'm being told that that is the state administrator of the courts, which is apparently
[01:26:32.920 --> 01:26:41.320]  an entirely different person. Perhaps that person would be much more fun. Well, if that
[01:26:41.320 --> 01:26:46.200]  person is not the custodian of the record, then that person would have no standing,
[01:26:47.320 --> 01:26:58.600]  also no liability. Okay. Yeah, it's been unclear in my conversations who is the actual custodian
[01:26:58.600 --> 01:27:04.520]  of the record. I've spoken with a person who says she's just the middleman who just takes
[01:27:04.520 --> 01:27:13.000]  the money, et cetera. What about the chief judge under... Wait, is this a district court?
[01:27:13.000 --> 01:27:23.320]  Respondent spirit. What level court is this? This is, at this point, a district court. He's one
[01:27:23.320 --> 01:27:32.440]  of the judges in the district court. Okay. The ultimate custodian of the record is going to
[01:27:32.440 --> 01:27:43.080]  be the elected district clerk. Okay. You sting him or her. She's the boss. When you sting the boss,
[01:27:43.640 --> 01:27:51.000]  everybody down below is going to be in trouble. Okay. It's always nice to sting the one that
[01:27:51.000 --> 01:27:57.240]  has nothing to do with what's going on and probably doesn't know what's going on. And then he gets a
[01:27:57.240 --> 01:28:03.000]  professional conduct complaint or a tort letter and then he's going to say, what the heck is going
[01:28:03.000 --> 01:28:08.680]  on? And he'll go down to the ones who should have released it and that will probably get it done.
[01:28:10.920 --> 01:28:17.960]  Probably just a tort letter to the clerk as a way of giving the elected clerk notice that
[01:28:17.960 --> 01:28:26.680]  his people are not complying with open records or with the court order to release the tape.
[01:28:27.400 --> 01:28:33.960]  That'll probably be enough to get it done. There's no order to release the tape. This is the judge.
[01:28:34.760 --> 01:28:43.080]  I pay a $10 fee to somebody and it's dependent on the judge okaying the release. There's no
[01:28:43.080 --> 01:28:50.520]  order to release this tape. If you've paid for it, that's a contract. I haven't paid for it yet.
[01:28:50.520 --> 01:28:56.760]  They're not going to take my money until they have the blessing from the judge. If the judge won't
[01:28:56.760 --> 01:29:03.560]  enter the ruling, just appeal to the higher court for a mandamus. If the judge won't grant the
[01:29:05.640 --> 01:29:10.200]  and if he won't sign the order, then appeal to the court of appeals for a mandamus order
[01:29:10.200 --> 01:29:20.360]  name to do it because he's denying you discovery. All right. I'll take that route then.
[01:29:23.000 --> 01:29:30.200]  If you know of anybody who's got nailed down the trade language on debt buying,
[01:29:31.480 --> 01:29:36.680]  I'd love to chat with them because I keep hearing the break music.
[01:29:36.680 --> 01:29:44.920]  That's what I mean. That's why you need that information because you hear the music.
[01:29:44.920 --> 01:29:49.880]  Okay. This is Randy Kelsen, Deborah Stevens, Reelval Radio. During the break,
[01:29:49.880 --> 01:29:55.080]  you can go to Logos Radio Network and check out our fundraiser. We'll be right back.
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[01:33:01.960 --> 01:33:07.000]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:07.000 --> 01:33:09.000]  Logos Radio Network
[01:33:37.000 --> 01:33:43.800]  Okay, we are back. Randy Kelton, Debra Stevens from Logos Radio,
[01:33:43.800 --> 01:33:47.560]  and we're talking to Mark in Wisconsin. Okay, go ahead, Mark.
[01:33:49.080 --> 01:33:57.320]  All right. The one set of words got this nailed down. The account charged off. Charged off is
[01:33:57.320 --> 01:34:08.680]  not only referenced in multiple FDPCA suits, but it's also in Black's Law 2014 where it goes ahead
[01:34:08.680 --> 01:34:17.000]  and points out that it means the account was written off. Okay, great. But the verbiage
[01:34:17.000 --> 01:34:27.800]  was placed with or placed with. I can find multiple FDPCA suits where that verbiage is
[01:34:27.800 --> 01:34:34.840]  used with a debt collector, but I've also found it where one time where that was used with an
[01:34:34.840 --> 01:34:40.840]  attorney and they made no distinction that the attorney was a debt collector. What I'm trying
[01:34:40.840 --> 01:34:47.400]  to do is nail down that when these guys said, oh no, we're both acting as lawyers on behalf of
[01:34:47.400 --> 01:34:56.440]  this client, they are fibbing because really with all the rest of the verbiage and everything
[01:34:56.440 --> 01:35:02.360]  else, they bought the debt. They are acting as debt collectors. I have recent case law that says
[01:35:02.360 --> 01:35:10.920]  that if the, in this, okay, this recent case law goes to baron, deffin, frappin, and kiss my
[01:35:10.920 --> 01:35:20.120]  behind, that's the biggest foreclosure meal in Texas. They claim to be working for the banks
[01:35:21.400 --> 01:35:27.480]  and not a debt collector. What the court recently said, and it's actually one of my clients,
[01:35:27.480 --> 01:35:37.080]  is that if the majority of their business involves the collection of a debt of one type
[01:35:37.080 --> 01:35:45.720]  of another, they are a debt collector. These are guys who normally are acting for the holder
[01:35:47.240 --> 01:35:53.560]  where the debt hasn't actually been sold to them. They don't own the debt. They're actually working
[01:35:53.560 --> 01:35:58.120]  for a client, but the court said they're a debt collector anyway because that was the majority
[01:35:58.120 --> 01:36:04.840]  of their business. All right. I'm not going to get into the hair splitting of the majority of their
[01:36:04.840 --> 01:36:11.880]  business when I've got a letterhead at the bottom that says we're a debt collector. That was exactly
[01:36:11.880 --> 01:36:19.320]  why the court called them a debt collector. They referenced that verbiage on the document.
[01:36:19.320 --> 01:36:28.760]  All right. Well, then I've got it nailed down with that case, or I can follow
[01:36:28.760 --> 01:36:34.760]  rabbit trails and work to nail it down when you have an opportunity forward that to me.
[01:36:36.040 --> 01:36:41.880]  All right, then. That is all that I had for today. We'll let you get on to another call.
[01:36:41.880 --> 01:36:48.440]  I thank you for taking my call and giving me a couple of more rabbit trails to go running down.
[01:36:48.440 --> 01:36:55.880]  Okay. Well, have fun, Mark. Okay. Now we're going to go to Jeff in Mississippi. Hello, Jeff.
[01:36:57.400 --> 01:36:59.080]  Hey, Randy. Thanks for having me on.
[01:36:59.880 --> 01:37:02.520]  You are welcome. What do you have for us today?
[01:37:04.520 --> 01:37:09.160]  Okay. To catch our listeners up to speed, the last time I had talked to you,
[01:37:09.160 --> 01:37:20.120]  I had a case at the Mississippi Supreme Court, and I had lost my case in the circuit court,
[01:37:20.680 --> 01:37:28.680]  appealed to the Mississippi Court of Appeals, and lost in the Mississippi Court of Appeals.
[01:37:29.640 --> 01:37:35.720]  And so I was going, I put a notice in to go to the next level of the state court,
[01:37:35.720 --> 01:37:41.960]  which is the state supreme, Mississippi State Supreme. And I dropped my notice in
[01:37:43.560 --> 01:37:50.760]  and was waiting for a, what they send back is a notice of briefing schedule.
[01:37:52.040 --> 01:37:59.960]  And they never sent that to me, so I emailed the clerk asking why I haven't since or haven't
[01:37:59.960 --> 01:38:06.360]  gotten my notice of briefing schedule. And she responded and said, your notice of appeal,
[01:38:07.240 --> 01:38:17.000]  which the court is reviewing as a writ of certiary, is before the court and has not yet been ruled on.
[01:38:17.000 --> 01:38:30.840]  And so my question is, is, does that mean that my brief that I've already written
[01:38:32.600 --> 01:38:39.320]  is going to be taken to the Mississippi Supreme Court, or are they just going to rule on
[01:38:39.960 --> 01:38:43.480]  my notice and then possibly just deny the whole thing?
[01:38:43.480 --> 01:38:51.160]  Well, what they will most likely to do is decide if they're going to accept your cert or not.
[01:38:52.600 --> 01:38:57.400]  Okay. And then if they accept your cert, then you get a briefing order.
[01:38:57.400 --> 01:39:13.720]  Oh, okay. And when I looked up the, if I look up here, the Supreme Court under the state of
[01:39:13.720 --> 01:39:21.880]  Mississippi Judiciary, it said that the court of appeals may be appealed to the Supreme Court.
[01:39:21.880 --> 01:39:32.280]  Yes, and it's always optional. The court of appeals, the Supreme, you don't have a statutory
[01:39:32.280 --> 01:39:41.240]  right to appeal. So they can accept your appeal or elect not to accept your appeal if they want to.
[01:39:42.760 --> 01:39:43.080]  All right.
[01:39:45.080 --> 01:39:49.960]  Okay. So that's generally what happens. That's what happened to my last cert to the Supreme.
[01:39:49.960 --> 01:39:53.320]  I thought, sure, I'd get that one in, but it didn't get by.
[01:39:54.440 --> 01:40:01.160]  Where I ask for a distinction of Jasonowski, they denied it.
[01:40:03.320 --> 01:40:11.880]  Okay. Well, in my court of appeals, they denied or they affirm the circuit court's decision
[01:40:11.880 --> 01:40:20.440]  without ever addressing any of my points. And in my notice, my notice says that the court of appeals
[01:40:20.440 --> 01:40:27.320]  never addressed any of my points. And I do have the right to petition for appeal if I remember
[01:40:27.320 --> 01:40:34.440]  right. Yeah, you have the right to petition, but you don't have a right to appeal. You can,
[01:40:34.440 --> 01:40:39.640]  you have a right to ask them to hear your appeal, but they don't have to.
[01:40:39.640 --> 01:40:50.200]  Okay. Do, if these, if they turn me down, then from there, do I go to a red absurd to the
[01:40:50.200 --> 01:40:59.320]  U.S. Supreme? Yes. Okay. And the likelihood is that they will turn you down. What I would suggest
[01:40:59.320 --> 01:41:06.280]  is a suit in the federal court so you can start the process all over again. You're more likely to
[01:41:06.280 --> 01:41:13.400]  get a ruling in one of the lower courts because they're more likely to rule against the state
[01:41:13.400 --> 01:41:23.560]  denying you in a federal constitution right. In order to get to the U.S. Supreme, you'll have
[01:41:23.560 --> 01:41:34.040]  to ask the U.S. Supreme to give guidance on existing law. If your issue involves something
[01:41:34.040 --> 01:41:42.360]  where the court has already granted or issued guidance and this lower court just didn't follow
[01:41:42.360 --> 01:41:51.160]  the guidance, then you're left with no remedy because the Supreme can just refuse to accept
[01:41:51.160 --> 01:41:57.960]  the cert and you have no standing to raise an issue. Now, when you say lower court, do you mean
[01:41:57.960 --> 01:42:06.120]  the circuit court? I mean the state court. Okay. The state court, my trial court. Yeah.
[01:42:10.120 --> 01:42:15.160]  If Supreme Court has already told them they have to follow this law and they just don't,
[01:42:17.640 --> 01:42:22.520]  then the Supreme Court won't punish this court for not doing what they're supposed to.
[01:42:22.520 --> 01:42:31.640]  It's not their job. It's their job to issue rulings on points of law. So they won't accept your
[01:42:31.640 --> 01:42:39.080]  pleading, your cert. It is a weakness in their system that once, if we don't get justice in
[01:42:39.080 --> 01:42:47.160]  the lower courts, once you get past the court of appeals, then it's really hard to get justice.
[01:42:47.160 --> 01:42:55.640]  Okay. Now, if I bring a suit, is that a suit against the judges in the court of appeals for
[01:42:55.640 --> 01:43:00.760]  never addressing any of my points? Right. You bring a declaratory judgment suit.
[01:43:02.760 --> 01:43:11.240]  Okay. Against the court? Yeah. Ordering the court to address the issues that you brought.
[01:43:11.240 --> 01:43:16.680]  Declaratory judgment doesn't ask for any money, doesn't ask for any damages,
[01:43:17.320 --> 01:43:24.120]  it asks for a declaration of your rights. And the court can issue this and say, yes,
[01:43:24.120 --> 01:43:30.680]  he had a right to have these issues you brought before the court adjudicated and order the court
[01:43:31.320 --> 01:43:38.840]  to hear, to adjudicate what they ignored. The feds can do that. And you're more likely to get
[01:43:38.840 --> 01:43:46.680]  a federal judge to do that than you are. If you appeal the supreme, this Mississippi supreme
[01:43:46.680 --> 01:43:52.120]  directly to the US Supreme, the odds are about 10,000 to one that they won't accept your cert.
[01:43:53.320 --> 01:43:59.080]  Absolutely. So we just go back with the 1983 suit. Hang on, be right back.
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[01:46:26.920 --> 01:46:49.880]  Okay, we are back. We had to help move our radio and we're talking to Jeff in Mississippi.
[01:46:49.880 --> 01:46:59.080]  Okay, Jeff. Yeah, if they don't accept your cert, then I definitely suggest we go to the
[01:46:59.080 --> 01:47:05.400]  federal court with a 1983 or with a declaratory judgment suit.
[01:47:07.800 --> 01:47:16.360]  Okay, so to recap, now would that be in the district federal court of that district of
[01:47:16.360 --> 01:47:22.520]  Mississippi? No, wherever you're living now, whatever is most convenient to you.
[01:47:25.720 --> 01:47:29.560]  Oh, okay, because this all takes place in Jackson, Mississippi,
[01:47:31.080 --> 01:47:35.160]  which is the southern district federal court.
[01:47:37.960 --> 01:47:41.880]  Well, you file it wherever is convenient to you.
[01:47:41.880 --> 01:47:48.600]  Oh, okay. If you're not living in Jackson, Mississippi, that's the whole point of the
[01:47:48.600 --> 01:47:54.680]  federal court. It doesn't matter where you live. So if you live in another state,
[01:47:54.680 --> 01:47:58.440]  then you file it in a venue that's convenient to you.
[01:48:00.440 --> 01:48:05.720]  Oh, then I file it against the court of appeals justices.
[01:48:05.720 --> 01:48:11.480]  Yes. Well, no, against the state of Mississippi.
[01:48:13.880 --> 01:48:19.560]  Okay, against the state of Mississippi, because we're dealing with the Mississippi court of
[01:48:19.560 --> 01:48:23.400]  appeals, I think they have nine justices or maybe 10.
[01:48:24.200 --> 01:48:31.240]  Yeah, you don't actually sue the justices. A petition for a declaratory judgment is
[01:48:31.240 --> 01:48:36.920]  you sue the, you make the claim against the state. I'll have to, I haven't done this recently.
[01:48:36.920 --> 01:48:41.960]  I'll have to go back and look at the rules on who you actually name, but I'm sure you're going
[01:48:41.960 --> 01:48:51.720]  to name this the state itself or you'll name the court of appeals as a entity and not the
[01:48:51.720 --> 01:48:59.320]  justices individually. Okay. And this suit is actually called a, what is it a suit for
[01:48:59.320 --> 01:49:06.920]  declaratory judgment or declaratory judgment suit that you're not asking for any damages.
[01:49:06.920 --> 01:49:13.240]  You don't allow any damages. If the judge tries to grant any damages, you have to object
[01:49:13.240 --> 01:49:21.400]  strenuously because they'll use that to screw up your case. You're only asking the court for
[01:49:21.400 --> 01:49:29.000]  a declaration of the rights of the parties and you'll ask the federal court to declare that you
[01:49:29.000 --> 01:49:36.280]  had a right to petition the court for redress of grievance in the court by failing to address the
[01:49:36.280 --> 01:49:42.520]  issues you brought denied you and your right to petition the court. And you ask the court to order
[01:49:42.520 --> 01:49:50.920]  the lower court to abide by your constitutional right. Okay. Okay. I'll get to work on it. I'll
[01:49:50.920 --> 01:49:57.800]  let you go. I'll let you move on. Okay. Thank you, Jeff. Now we're going to go to Craig in Louisiana.
[01:49:57.800 --> 01:50:07.720]  Hello, Craig. Hello, Randy. Just calling to see if you'd receive any of those emails that I'll
[01:50:07.720 --> 01:50:16.520]  sent you. Not sure. I get about 100 today. What was the first three or four letters of your email
[01:50:16.520 --> 01:50:29.640]  address? Dean, DEAM. I don't remember emails from Dean. It's possible that I got them. If I have,
[01:50:29.640 --> 01:50:34.920]  I haven't had time to look at them. I've been traveling this weekend. I've been down taking
[01:50:34.920 --> 01:50:40.040]  care of the wife for the last few weeks, so I've really been jammed up. But I don't remember emails
[01:50:40.040 --> 01:50:46.840]  from Dean. Did you send them to rule of law radio? I sent them to rule of law radio. Randy,
[01:50:46.840 --> 01:50:55.000]  a captain at rule of law radio. Then I actually went back and found the old email that you
[01:50:55.000 --> 01:51:03.640]  would talk. We've talked about the whole night that you had. And so I used that address. Okay.
[01:51:03.640 --> 01:51:11.320]  We send them to me so they'll be on the top. Okay. I get about 100 today, so things get buried
[01:51:11.320 --> 01:51:20.120]  really fast. Okay. I'll send them out with an extra speed mask. Okay. In the meantime,
[01:51:20.120 --> 01:51:28.840]  do you have any questions or comments for us? We're out of documents. We really don't have
[01:51:28.840 --> 01:51:42.680]  anything else to put to you. Okay. Did you, okay. You got the, wait a minute. You used the
[01:51:42.680 --> 01:51:57.400]  traffic ticket website. Right. There it is. Craig W. Yep. Okay. Okay. Now I didn't look at that one.
[01:51:57.400 --> 01:52:08.440]  So I do have a bar grievances. You found bar grievances? Wonderful. Yeah. I wrote everything
[01:52:08.440 --> 01:52:15.480]  down. What happened in that court of parents and then also reminded you about the brief
[01:52:15.480 --> 01:52:27.880]  subject matter jurisdiction based on commerce because I'm in Louisiana. And I put it all
[01:52:27.880 --> 01:52:36.040]  down in writing. The main thing was that subject matter jurisdiction because the one that I was
[01:52:36.040 --> 01:52:47.880]  using, Texas. Yeah. But most of that is, well, almost all of it's based on federal law. So while
[01:52:47.880 --> 01:52:55.560]  I have a few cases, the one I make up for someone who's not in Texas, I've taken out the Texas
[01:52:55.560 --> 01:53:00.920]  case law references. For the most part, there were a couple I left in there because they were
[01:53:00.920 --> 01:53:09.800]  appropriate, but you are in the Fifth Circuit. So they will still be relevant to your case.
[01:53:12.360 --> 01:53:17.800]  So that subject matter jurisdiction challenge is valid for where you're at.
[01:53:21.800 --> 01:53:28.920]  Okay. I see two bar grievances here. Are they to, and they're not in a form. Did the state of
[01:53:28.920 --> 01:53:37.400]  Louisiana have a bar grievance form? Right. They have a form. I'm just in the form, but I start
[01:53:37.400 --> 01:53:45.080]  to write them. And then I want to have to throw out the whole thing. Okay. So this is the statement
[01:53:45.080 --> 01:53:50.280]  that went with the form. Right. What are you saying here? Okay. Good. Good. Good.
[01:53:50.280 --> 01:53:56.360]  I have a difference at the end. But I was kind of getting some input from you,
[01:53:56.360 --> 01:54:05.800]  but if you saw anything different, you know, multiple bar grievances or complaints,
[01:54:05.800 --> 01:54:10.360]  you're just a complaint or whatever. Are both the complaints against, let's say,
[01:54:10.360 --> 01:54:20.280]  Mr. L. Ward, Assistant District Attorney. Okay. Are these both issues that occurred at the same time,
[01:54:20.280 --> 01:54:26.520]  essentially the same time? Right. Okay. Have you sent them in yet?
[01:54:28.600 --> 01:54:36.520]  No, I haven't sent them in yet. Oh, good. Good. Okay. Send one in, then wait at least a week,
[01:54:36.520 --> 01:54:43.480]  and then send the other one in. Okay. Okay. Since these occurred at the same time as part of the
[01:54:43.480 --> 01:54:49.160]  same transaction, if you send them both at the same time, they'll treat it like one grievance.
[01:54:51.160 --> 01:54:59.880]  Right. Okay. They may try to anyway, but if you set them a week apart, then the insurance company
[01:54:59.880 --> 01:55:10.520]  is not likely to accept them as one grievance. I got you. So, you get the sting in a little
[01:55:10.520 --> 01:55:25.160]  harder. Did you file a judicial conduct complaint against the judge? No, I haven't. No. But I started
[01:55:25.160 --> 01:55:30.760]  writing about that, because the other night I talked to you, you said that he shouldn't have
[01:55:30.760 --> 01:55:37.480]  allowed what went down in the courtroom to go on, because he just, you know, he just said,
[01:55:37.480 --> 01:55:45.400]  you know, let the guy, you know, badger me, and, you know, we got into a verbal confrontation,
[01:55:45.400 --> 01:55:53.640]  really. Wait a minute. Hold on. The guy, you're using pronouns and pronouns always get me confused.
[01:55:53.640 --> 01:56:00.600]  Are you speaking of the prosecutor? Yeah, the prosecutor. I'm sorry. And the prosecutor spoke
[01:56:00.600 --> 01:56:10.440]  to you? Well, he chapped. Yeah. He was going, like, when we had this pre-trial meeting,
[01:56:11.160 --> 01:56:17.560]  and as soon as I mentioned jurisdiction, the county jurisdiction, he just went off. And then
[01:56:17.560 --> 01:56:24.680]  when I got into court, he never even brought up, he started talking about some papers I had filed,
[01:56:24.680 --> 01:56:29.320]  and I told him, I said, disregard those papers. I said, I'm not, it's got nothing to do with
[01:56:29.320 --> 01:56:34.440]  anything. I mistakenly did that. Well, he just started hammering me about those. I said, dude,
[01:56:34.440 --> 01:56:41.160]  I said, I didn't, I told you disregard those. I told him three times in court, and he kept on
[01:56:41.160 --> 01:56:49.400]  badgering me about it. And, you know, and I told the judge, I'm not going, I'm not even talking
[01:56:49.400 --> 01:56:54.840]  to that guy no more. And, you know, I just, he kept on getting in the background, I just ignored him.
[01:56:56.520 --> 01:57:02.760]  You did, you did right. Because when I go in, I don't talk to, I don't talk to persecuting attorneys.
[01:57:02.760 --> 01:57:10.040]  If the judge directs me to the prosecutor, I tell the judge, I don't talk to persecuting attorneys.
[01:57:11.560 --> 01:57:17.320]  I'm only there to talk to the judge. And if a prosecutor talks to me, I ignore him.
[01:57:18.680 --> 01:57:26.040]  If he had, if he tries to talk to me, I generally object to the court. And if a prosecutor starts
[01:57:26.040 --> 01:57:33.160]  to badger me, I'm leaving the courtroom. You know, they're going to rule against you anyway.
[01:57:34.360 --> 01:57:38.520]  But I'm always thinking, what's going to look good before a grand jury?
[01:57:40.760 --> 01:57:47.480]  You were being badgered so badly by the prosecutor with the acceptance of the judge
[01:57:47.480 --> 01:57:52.680]  that you felt you had to leave the courtroom. Then you filed criminally against the prosecutor.
[01:57:52.680 --> 01:57:57.640]  You should file against the prosecutor for official misconduct.
[01:58:01.400 --> 01:58:03.240]  Criminally. See how he likes that.
[01:58:07.320 --> 01:58:11.480]  And everybody will try to protect him. And then you file against everybody that tries to protect
[01:58:11.480 --> 01:58:17.480]  him. And everybody will be upset at him. And he'll be having to explain to everybody
[01:58:17.480 --> 01:58:24.280]  why you're raising so much stink. And you'll get to have so much fun. You won't believe it.
[01:58:24.840 --> 01:58:30.440]  We are out of time. Randy Kelton. Randy Kelton there with Stephens. We'll have our radio.
[01:58:31.800 --> 01:58:36.360]  Please go to Logos Radio Network and check out our fundraiser. We have a little bit more to go
[01:58:36.360 --> 01:58:41.000]  to get enough to keep this radio station on the air. We'd like to get this thing closed out.
[01:58:41.000 --> 01:58:48.280]  Thank you all for listening. We'll be back tomorrow night. And good night.
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