ROL_2017-11-16_16k.timecode

[00:00.000 --> 00:05.840]  The following, these flashes brought to you by the Low Star Lowdown, providing your jelly
[00:05.840 --> 00:13.640]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.640 --> 00:21.520]  into the tides of the alternative.
[00:21.520 --> 00:28.760]  Markets for Wednesday 15 November 2017 closed with gold at $1,278.33 an ounce, silver $17
[00:28.760 --> 00:37.280]  an ounce, Texas Crude $55.70 a barrel, Bitcoin is about $7,295 and Dashcoin is about $421
[00:37.280 --> 00:43.800]  U.S. fiat.
[00:43.800 --> 00:48.160]  Today in history, the year 1920, the first assembly of the League of Nations is held
[00:48.160 --> 00:54.560]  in Geneva, Switzerland, today in history.
[00:54.560 --> 00:59.400]  In recent news, in a statement almost in parody of the popular TV series Game of Thrones,
[00:59.400 --> 01:05.160]  24-year-old Suyash Dixit, a man from central India and CEO of the Indian-based technology
[01:05.160 --> 01:10.960]  company, Softonator, proclaimed, I, Suyash Dixit, first of my name and the protector
[01:10.960 --> 01:16.640]  of the realm, declare myself as the king of the kingdom of Dixit, I declare this unclaimed
[01:16.640 --> 01:22.160]  lamb of beer Tawil as my country from now to eternity of time, I pledge to continue
[01:22.160 --> 01:27.280]  to work for the prosperity of my people of the country of this motherland, in effect
[01:27.280 --> 01:32.800]  laying claim to an 800 square mile strip of land known as Barak Tawil that has been described
[01:32.800 --> 01:37.560]  as the only place on earth that is habitable but not claimed by any government, Dixit explained
[01:37.560 --> 01:42.400]  that, quote, following the early civilization ethics and rule, if you want to claim a land
[01:42.400 --> 01:47.400]  then you need to grow crops on it, I've added a seed and poured some water on it today, it
[01:47.400 --> 01:51.920]  is mine, Dixit plans to govern the kingdom online where potential citizens can apply
[01:51.920 --> 01:57.000]  for citizenship or a position in government, the United Nations has four criteria for statehood,
[01:57.000 --> 02:02.000]  a permanent population, a defined territory, a government and the ability to enter into
[02:02.000 --> 02:06.840]  relations with another state, it appears that the kingdom of Dixit has all but the first,
[02:06.840 --> 02:11.480]  this spontaneous rise of sovereign state seems to be a growing trend, for example in 2015
[02:11.480 --> 02:15.480]  a libertarian activist from the Czech Republic established the Free Republic of Liberland
[02:15.480 --> 02:20.280]  on a disfewed territory between Siberia and Croatia, hundreds of people have allegedly
[02:20.280 --> 02:29.480]  already filed application for the new kingdom of Dixit, viewing conditions for the annual
[02:29.480 --> 02:35.160]  and Leonid media showers should be at their best late into the 17th and early in the morning,
[02:35.160 --> 02:39.320]  hours of the 18th, all workers away from city lights should expect to see anywhere from 10
[02:39.320 --> 02:44.680]  to 25 meteors an hour, the showers named after the constellation Leo the lion, because they
[02:44.680 --> 02:53.600]  seem to emanate from that region in the sky, it is the northeastern part of the horizon,
[02:53.600 --> 03:18.600]  this is group voting with the lowdown for November 15th, 2017
[03:18.600 --> 03:47.260]  The
[03:47.260 --> 03:48.660]  And you must comprise a king!
[03:48.660 --> 03:51.260]  Bad boys, bad boys, what you gonna do?
[03:51.260 --> 03:54.660]  What are you gonna do when they come for you?
[03:54.660 --> 03:56.660]  Bad boys, bad boys, what's he gonna do?
[03:56.660 --> 04:00.160]  What you gonna do when they come for you?
[04:00.160 --> 04:02.660]  You tuck its own dice one, you tuck its own disk one.
[04:02.660 --> 04:04.960]  You tuck it on your mother and you tuck it on your father.
[04:04.960 --> 04:07.380]  You tuck it on your daughter and you tuck it on your mother and you tuck it on your
[04:07.380 --> 04:08.140]  daughter...
[04:08.140 --> 04:09.160]  OK.
[04:09.160 --> 04:10.360]  Howdy howdy.
[04:10.360 --> 04:15.200]  This is Randy Kelton Deborah Stevens, Real of Law Radio on this Thursday, the 16th day
[04:15.200 --> 04:22.200]  of November 2017. We do have the phone lines open. We'll have them open all
[04:22.200 --> 04:30.200]  night. Our call-in number 512-646-1984. And let me start out with saying we're
[04:30.200 --> 04:34.880]  going to have to end the fund drive Monday. We haven't reached our goal,
[04:34.880 --> 04:43.160]  unfortunately. I'm sorry, not really the fund drive, but it's a deadline for the
[04:43.160 --> 04:47.760]  drawing because we have to get that done. You guys can still send us lots of
[04:47.760 --> 04:54.400]  funds. Randy's beer fund, it's just pitiful. Anyway, we're going to have the
[04:54.400 --> 05:01.640]  drawing Monday and the last opportunity to get in on the drawing for the guns
[05:01.640 --> 05:07.960]  and the rest of the prizes will be Monday. So if you have a few extra
[05:07.960 --> 05:16.400]  dollars, go to Logos Radio Network for every $25. If you buy the 80s
[05:16.400 --> 05:22.160]  traffic seminar or my ebook or jurisdiction area for every $25 you
[05:22.160 --> 05:27.320]  spend, you get a chance in the drawing. You will get good value from those
[05:27.320 --> 05:34.400]  products and you'll also help us support this network. Okay, my call-in board is
[05:34.400 --> 05:40.760]  lighting up very quickly, so I'm going to start out by going to Scott in Texas.
[05:40.760 --> 05:50.120]  Hello, Scott. Howdy, howdy. What is the latest news on the saga of the Gospel
[05:50.120 --> 05:54.680]  according to Scott? Because I take it you've been reading the gospel to these
[05:54.680 --> 06:03.240]  public officials. I have had some real interesting things come up and today I
[06:03.240 --> 06:09.840]  received a letter that was sent back to me that a district clerk refused to
[06:09.840 --> 06:15.000]  accept and it was going to be for a notice to reset a hearing that was for
[06:15.000 --> 06:20.960]  tomorrow and so I already created the letter and faxed it over to them and
[06:20.960 --> 06:27.120]  pretty much is a timeline of what happens. So if you want it's just about one
[06:27.120 --> 06:31.840]  page and if you want I can read it because it's the whole timeline of
[06:31.840 --> 06:37.800]  everything that happened and it's triggered a federal postal investigation.
[06:37.800 --> 06:49.280]  Yes, read quickly and cogently and clearly. Okay, so naturally I
[06:49.280 --> 06:55.000]  addressed it to the Reigns District Clerk and their address and everything was
[06:55.000 --> 06:59.920]  correct and reason it was notice of hearing reset return certified mail.
[06:59.920 --> 07:05.360]  Attention district clerk Deborah Trailer and after doing a little bit of
[07:05.360 --> 07:13.200]  research because I'll close the sheriff, the sheriff is Mr. Trailer himself. I
[07:13.200 --> 07:21.040]  think they're married. So we'll move past that. On November 7, 2017 notice was sent
[07:21.040 --> 07:27.880]  by Mr. Richardson to reset a hearing for November 17, 2017 at 9 a.m. by the
[07:27.880 --> 07:33.040]  court. A copy of the motion was sent to the opposing council via regular mail
[07:33.040 --> 07:38.840]  with proper notice at the time the letter to the court was mailed. A letter
[07:38.840 --> 07:43.480]  was sent to the district clerk, district court, addressed above to
[07:43.480 --> 07:48.800]  inform the court Mr. Richardson would have to reset the hearing due to
[07:48.800 --> 07:53.400]  scheduling conflicts with his job relating to Medicare scheduling
[07:53.400 --> 07:59.760]  addressed in the motion submitted. On November 15, 2017 the certified letter
[07:59.760 --> 08:05.240]  sent to the court was returned to sender Mr. Richardson labeled as unknown
[08:05.240 --> 08:12.200]  address. Mr. Richardson called the district clerk at 11.34 a.m. to inquire
[08:12.200 --> 08:17.000]  why the letter was sent back unopened. The clerk who answered the phone said
[08:17.000 --> 08:23.680]  she had no idea why it was returned. Imagine that. Mr. Richardson said he
[08:23.680 --> 08:28.800]  was faxing the motion to reset over along with a copy of the envelope to show
[08:28.800 --> 08:34.120]  it was returned to sender and sent by certified mail. The clerk confirmed
[08:34.120 --> 08:38.960]  received the facts and requested a hard copy be mailed for the record. Mr.
[08:38.960 --> 08:43.360]  Richardson went to the local post office to inquire why his letter was sent
[08:43.360 --> 08:48.960]  back. The supervisor said he could not figure out what happened and gave Mr.
[08:48.960 --> 08:54.560]  Richardson the number to the Emory post office and also to customer service. I
[08:54.560 --> 09:01.560]  listed the follows. Mr. Richardson called the Emory post office and spoke
[09:01.560 --> 09:07.160]  to Bill Stovall at 12 21 p.m. asking why the letter was not delivered to the
[09:07.160 --> 09:11.760]  district clerk. Mr. Clerk said if he recalled this correctly the mail
[09:11.760 --> 09:16.800]  carrier went to deliver this letter and the clerk told him this was not the
[09:16.800 --> 09:21.360]  correct address and refused to accept the letter if it is the correct address.
[09:21.360 --> 09:26.000]  Subsequently the mail carrier did not deliver the certified mail that was
[09:26.000 --> 09:30.200]  addressed that was correctly addressed and proceeded to return to sender mark.
[09:30.200 --> 09:37.080]  Return to sender attempted not known unable to forward. Mr. Richardson asked
[09:37.080 --> 09:41.640]  Mr. Stovall for the mail carrier's name and the person's name who had struck a
[09:41.640 --> 09:47.280]  the mail carrier this was not the correct address. Mr. Stovall refused to give
[09:47.280 --> 09:52.440]  that information saying that he had to contact the postmaster general. Mr.
[09:52.440 --> 09:56.720]  Richardson had already contacted the postmaster general and was awaiting a
[09:56.720 --> 10:02.400]  return call back. The postmaster general in fact was calling Mr. Richardson
[10:02.400 --> 10:07.320]  while speaking to Mr. Stovall and told him well you're in luck. The postmaster
[10:07.320 --> 10:12.840]  general is calling me now and a complaint will be filed. Mr. Richardson called the
[10:12.840 --> 10:18.760]  postmaster general back and spoke to Jackie and some number that goes along
[10:18.760 --> 10:23.720]  with her at 1.01 p.m. Mr. Richardson explained the situation about the mail
[10:23.720 --> 10:28.920]  returning and wanted to have a formal investigation into the matter. This has
[10:28.920 --> 10:36.520]  triggered a federal postal investigation case number CA135527226
[10:36.520 --> 10:41.440]  thereby the postmaster general will investigate why the mail was returned
[10:41.440 --> 10:46.600]  from a government body not accepting mail that was correctly addressed to the
[10:46.600 --> 10:51.080]  district clerk. A copy of this letter will be sent to the postmaster general
[10:51.080 --> 10:57.720]  on Washington DC. Attention Megan J. Brennan 475 Lafonte Plaza Southwest
[10:57.720 --> 11:06.960]  Washington DC 20260-0010 also to the customer advocate policy and program
[11:06.960 --> 11:12.840]  development USPS-headquarters at the same address with a different zip code
[11:12.840 --> 11:22.240]  20260-004. At 2.39 p.m. the Emory post office supervisor Jeff Flowers returned
[11:22.240 --> 11:26.640]  to call to Mr. Richardson to inquire about the certified letter being returned
[11:26.640 --> 11:33.080]  to center that the schedule can be delivered on November 11 20 cent 2017
[11:33.080 --> 11:39.000]  on or before 2.41 p.m. Mr. Richardson explained what happens to Mr. Flowers and
[11:39.000 --> 11:44.080]  confirmed the address was correct. Mr. Richardson informed Mr. Flowers three
[11:44.080 --> 11:48.240]  other certified letters had been sent to the same address without any problems.
[11:48.240 --> 11:54.080]  Mr. Richardson has copies copies of the receipts of these letters proving he
[11:54.080 --> 12:00.200]  has sent mail to the district clerk at the address without interruptions. Mr.
[12:00.200 --> 12:04.520]  Flowers said after looking at the address that it was correct and he wanted to
[12:04.520 --> 12:08.520]  confirm the situation after speaking with the mail carrier that was working
[12:08.520 --> 12:14.600]  that day. Mr. Flowers said he would call back to discuss what was discovered the
[12:14.600 --> 12:21.600]  following day. Mr. Flowers said that a recipient can refuse to accept a
[12:21.600 --> 12:27.080]  letter but the district clerk has a fiduciary duty to accept a court document
[12:27.080 --> 12:32.400]  with documents without discretion. A hard copy will be sent with the motion to
[12:32.400 --> 12:38.240]  reset on November 17 20 17 be a regular mail. A copy of the receipt will be kept
[12:38.240 --> 12:42.640]  for the records after hand delivery to the post office. Mr. Richardson moves the
[12:42.640 --> 12:46.720]  court to accept the fax motions to reset the hearing on November 17 as
[12:46.720 --> 12:56.080]  requested. Signed by me. That's how you sew you sew them up tight. They want to do
[12:56.080 --> 13:04.000]  a song and dance we see how that works out for you Bubba. Oh when they I sent
[13:04.000 --> 13:10.800]  that over about 4 30 so you know when they got it they got to read that and
[13:10.800 --> 13:15.920]  pass it around all before going home and had such they're gonna have such a
[13:15.920 --> 13:23.800]  good not sweeping tonight because this triggered a postal federal investigation
[13:23.800 --> 13:31.080]  and the postmaster general is going to get involved. And that's the one thing
[13:31.080 --> 13:40.360]  they do not want to happen. Somebody really screwed the pooch on this one.
[13:40.360 --> 13:48.880]  Exactly. And I addressed it to the district clerk Mrs. Trailer which I'm
[13:48.880 --> 13:56.440]  pretty sure her husband is the sheriff trailer. That's that's gonna be tough
[13:56.440 --> 14:02.200]  when you ask the sheriff to arrest the district clerk for failing to perform a
[14:02.200 --> 14:06.600]  duty she was required to perform and in the process denied you in the full and
[14:06.600 --> 14:12.360]  free access to her enjoyment of right and that right being the use of the U.S.
[14:12.360 --> 14:20.800]  males. Actually that could go to the special agent in charge of the local
[14:20.800 --> 14:30.040]  FBI. I think now is time to go ahead and contact the FBI. Actually that would go
[14:30.040 --> 14:37.360]  to interfering with the U.S. male because while ordinary citizen can refuse to
[14:37.360 --> 14:44.480]  accept it the clerk cannot. Clerk has a special duty and when they get the third
[14:44.480 --> 14:52.640]  party looking at them this way they are not gonna be happy. This is how we this
[14:52.640 --> 14:58.840]  is how we get the system to work the way it should. This will put that clerk in a
[14:58.840 --> 15:04.320]  position to where if a judge or anybody tells them not to accept certified male
[15:04.320 --> 15:10.360]  the clerk is going to tell them you can maybe not accept certified male but I'm
[15:10.360 --> 15:16.720]  accepting it because I'm not going there again. And they should be getting another
[15:16.720 --> 15:24.400]  package certified male probably tomorrow. That's the amended complaints on a
[15:24.400 --> 15:31.360]  chief of police and officer Patterson of the Raines County Sheriff's Department
[15:31.360 --> 15:39.800]  the one who had originally stopped me and started all this wonderful mess. So it'll
[15:39.800 --> 15:47.560]  be interesting to see if that one comes back. Exactly because it was male
[15:47.560 --> 15:52.840]  probably either two or three days I can't remember exactly now I think it was
[15:52.840 --> 15:58.760]  just two days ago so I think it should hit tomorrow and they've already got this
[15:58.760 --> 16:03.520]  fax there and they'll get that big old fat package tomorrow and they're going
[16:03.520 --> 16:11.080]  to be oh we better accept this because we've already seen the facts and the
[16:11.080 --> 16:16.840]  postmaster general is involved and there's a case number already signed. And I
[16:16.840 --> 16:22.560]  told the post I told the supervisor over in Raines County that I wanted that
[16:22.560 --> 16:28.040]  person's name and he was being kind of reluctant about it he said well I'm gonna
[16:28.040 --> 16:33.840]  have a discussion with that male carrier later on this afternoon or first
[16:33.840 --> 16:40.920]  thing in the morning. I said oh she may not remember her name I said I bet she
[16:40.920 --> 16:49.280]  has temporary amnesia. Hang on about to go to break Randy Kelton
[16:49.280 --> 16:56.680]  Debra Stephens rule of law radio I call in number 512-646-1984 we'll be right
[16:56.680 --> 16:59.520]  back.
[16:59.520 --> 17:05.840]  Dang cookie. Cookie? Me love cookies. Oh hi cookie munchers no these are yucky
[17:05.840 --> 17:11.480]  cookies. Cookie? Yucky? No no bad cookies. You can't even eat these cookies these are
[17:11.480 --> 17:16.440]  cyber cookies. No can't eat. No they are cyber cookies and they clog up your
[17:16.440 --> 17:23.680]  computer. We have apples. Really? Oh that's an actual apple. Yummy apple. I'm
[17:23.680 --> 17:28.920]  going to throw away these yucky cookies in the trash. I click control shift
[17:28.920 --> 17:35.040]  delete and then scroll down to cookies and clear them. Bye bye yucky cookies. Now I
[17:35.040 --> 17:40.120]  go to logosradionetwork.com and I click on the Amazon box on the upper right
[17:40.120 --> 17:45.300]  hand side bookmark the link and I can go to Amazon through this link and order
[17:45.300 --> 17:50.280]  you some yummy new cookie. New cookies? For me. Consider it an early Christmas
[17:50.280 --> 17:54.960]  present and every time I order on Amazon I go through this link and I give a
[17:54.960 --> 18:00.240]  little present to this radio network too. See you for cookie. See you for classified.
[18:00.240 --> 18:05.920]  It's the 2017 logos radio network annual fundraiser sponsored by Central Texas
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[18:38.460 --> 18:43.520]  That's logosradionetwork.com. Also if you purchase Randy Kelton's e-book Legal
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[19:21.960 --> 19:27.380]  Okay we are back. Randy Kelton, Debra Stevens, Rue LeVar Radio and we're talking
[19:27.380 --> 19:31.860]  to Scott in Texas. Okay Scott, do you have anything else for us?
[19:31.860 --> 19:37.660]  Well no I guess you got a full board so I'll let you get to everybody else.
[19:37.660 --> 19:44.060]  Okay well thank you and keep it up. This is how we're gonna take them to task.
[19:44.060 --> 19:52.060]  Okay now now we're gonna go to Tim in Texas. Hello Tim, what do you have for us
[19:52.060 --> 20:00.300]  today? Well we spoke to the district attorney up in Wise County. He actually
[20:00.300 --> 20:04.260]  called us back and just said that he's been busy in court and that it's not
[20:04.260 --> 20:09.180]  gonna go before the grand jury this month but there's one next month and it
[20:09.180 --> 20:14.220]  might be after the first of the year before he has time to look it over and
[20:14.220 --> 20:19.140]  to bring it before the grand jury if he decides to. Oh he's still saying he's
[20:19.140 --> 20:28.620]  deciding. Well he has. So wonderful. Okay from my perspective when we file okay
[20:28.620 --> 20:36.780]  for everybody else these are criminal complaints against a lawyer and three
[20:36.780 --> 20:42.660]  members of a supposed administrative board for the city of Newark so
[20:42.660 --> 20:50.340]  essentially they're public officials and in this case prosecuting attorney has no
[20:50.340 --> 20:56.140]  discretion as to whether he gives them to the grand jury or not. It sounds like
[20:56.140 --> 21:00.860]  he hasn't snapped to the fact that I wrote him. He should have recognized the
[21:00.860 --> 21:08.260]  bleeding style but in any case the longer it takes to get these in front of
[21:08.260 --> 21:16.740]  the grand jury the better. The bad thing about a grand jury is what Greg said
[21:16.740 --> 21:20.260]  the the current district attorney I went to his office one day and he's
[21:20.260 --> 21:26.220]  sitting with his head in his hand and I said what's the matter Greg? He said those
[21:26.220 --> 21:35.100]  darn grand jurors you never know what they're gonna do. He had two individuals
[21:35.100 --> 21:39.780]  one was Joe DeVilla. Joe DeVilla is well-known as big as drug dealer in Wise
[21:39.780 --> 21:45.740]  County. I don't have anything to do with drugs but I knew that name. He got caught
[21:45.740 --> 21:52.180]  with enough drugs to charge him with trafficking. The other one was a young
[21:52.180 --> 21:58.700]  kid just got his bar card had a big party drank too much driving home gets
[21:58.700 --> 22:06.020]  popped on the way home for DUI and Greg said he didn't want to present this young
[22:06.020 --> 22:12.700]  lawyer to the grand jury it would ruin his career but this was his job he had a
[22:12.700 --> 22:18.860]  duty to do this so he presents them both that they know build a drug dealer they
[22:18.860 --> 22:28.340]  true build a lawyer and Greg was just despondent and for when he said if you
[22:28.340 --> 22:32.220]  never know what they're gonna do I held up both hands looked up with the ceiling
[22:32.220 --> 22:40.900]  and said there is a God I couldn't have heard anything better you hear stuff
[22:40.900 --> 22:45.740]  about you know in the community in the Patriot community about how the
[22:45.740 --> 22:52.460]  prosecutor has the grand jury under control and the Williams case where
[22:52.460 --> 22:57.340]  Scalia said that any prosecutor worth his salt could get a ham sandwich
[22:57.340 --> 23:06.020]  indicted the problem is keeping the ham sandwich from getting indicted and that's
[23:06.020 --> 23:10.620]  the problem the prosecutor would have even if it's he doesn't want to file
[23:10.620 --> 23:17.740]  a the complaint and in this case he's most likely not gonna want to but at the
[23:17.740 --> 23:22.660]  end of the day you have these four people with criminal charges against them
[23:22.660 --> 23:31.420]  felony charges against them wondering if they're gonna get indicted or not they're
[23:31.420 --> 23:40.180]  sitting there waiting and I can guarantee you they are terrified did these people
[23:40.180 --> 23:49.740]  know anything about that oh yes this is a municipality the investigator for the
[23:49.740 --> 23:56.340]  district attorney's office says absolutely has talked to the municipality
[23:56.340 --> 24:01.940]  about these complaints and undoubtedly he's talked to the accused and asked
[24:01.940 --> 24:09.140]  them what went on so that they can decide whether to move ahead or not so it
[24:09.140 --> 24:17.660]  puts the prosecutor in a conflict if he gets fed information by the other side
[24:17.660 --> 24:30.340]  that would appear to be exculpatory well it would mitigate the charge or show
[24:30.340 --> 24:37.980]  the the innocence of the accused to mitigate the guilt of the excused then
[24:37.980 --> 24:43.260]  he has to put he has a duty to present that to the grand jury as well and for
[24:43.260 --> 24:50.740]  us that works great because everything that we claimed in the complaints that
[24:50.740 --> 25:01.100]  we filed are the facts that we alleged are precisely facts pulled from the
[25:01.100 --> 25:08.420]  records of the city of Newark we didn't claim anything that's not a part of
[25:08.420 --> 25:13.660]  the public record that gives them a problem now they're gonna have to start
[25:13.660 --> 25:18.220]  claiming stuff that's not part of the public record in order to get anything
[25:18.220 --> 25:23.740]  exculpatory and the only way you're gonna do that is to make it up and all
[25:23.740 --> 25:31.660]  they do is wind up digging a bigger hole for themselves so from my perspective
[25:31.660 --> 25:38.020]  this is a good thing and the longer he takes to get it to the grand jury the
[25:38.020 --> 25:43.340]  better because these guys are sitting there sweating bullets and I can almost
[25:43.340 --> 25:48.500]  guarantee you that a grand jury is not going to indict these public officials
[25:48.500 --> 25:57.420]  actually we don't really want them indicted okay I mean at the end of the
[25:57.420 --> 26:02.500]  day these are officials for the most part doing what they think is right in
[26:02.500 --> 26:09.700]  this case clearly the administrative board the three members they were acting
[26:09.700 --> 26:15.420]  in good faith reliance on competent authority and that is an affirmative
[26:15.420 --> 26:24.900]  defense but they would have to plead it and if they plead it they throw the
[26:24.900 --> 26:30.220]  lawyer under the bus now that was a that was a whole point for me the
[26:30.220 --> 26:36.900]  beginning was that's why we put him in there they might not they most almost
[26:36.900 --> 26:43.140]  certainly won't indict the public officials but the lawyer why that's a
[26:43.140 --> 26:48.900]  whole other animal we don't know what they'll do with them because there's a
[26:48.900 --> 26:53.860]  good chance there's somebody on that grand jury that doesn't like or trust
[26:53.860 --> 27:01.740]  lawyers yeah and I know the lawyers having to sit there and wonder is there
[27:01.740 --> 27:05.940]  someone on that jury this bitch that feels like he's been screwed around by
[27:05.940 --> 27:10.940]  a lawyer whether he actually has or not not making a difference if he just feels
[27:10.940 --> 27:14.980]  like he has and anytime someone hired a lawyer pays the lawyer good money and
[27:14.980 --> 27:24.740]  don't win his case they always blame the lawyer yeah the lawyer knows that so this
[27:24.740 --> 27:31.780]  lawyer has to be sweating bullets about now well you know we had did some
[27:31.780 --> 27:39.100]  research about administrative board and you know I read and I read and I read on
[27:39.100 --> 27:45.860]  the internet tried to find out exactly where they get the authority to do it
[27:45.860 --> 27:54.020]  and apparently it has to come from state legislation right well okay here's the
[27:54.020 --> 28:01.860]  rule the rule is that you or I we can do anything we want to public officials on
[28:01.860 --> 28:08.860]  the other hand may only do what the law specifically authorizes them to do so
[28:08.860 --> 28:16.060]  in this case the city appointed an administrative board to administer a
[28:16.060 --> 28:26.180]  criminal prosecution well how does that work and where did the city get the
[28:26.180 --> 28:35.260]  authority to bypass the Texas Code of Criminal Procedure I can't find it and
[28:35.260 --> 28:44.540]  since the municipalities have decided to enact these ordinances that they call
[28:44.540 --> 28:50.660]  criminal violations then they're stuck with a criminal prosecution and when
[28:50.660 --> 28:54.660]  they're stuck with a criminal criminal criminal prosecution they're now stuck
[28:54.660 --> 29:01.660]  with the Texas Code of Criminal Procedure which prescribes who can adjudicate a
[29:01.660 --> 29:09.700]  criminal case and it's not an administrative board so where in the
[29:09.700 --> 29:19.180]  Charter the ordinances the state law is a municipality authorized to bypass the
[29:19.180 --> 29:25.220]  criminal justice system hang on this is Randy Kelton Deborah Stevens rule of
[29:25.220 --> 29:35.940]  law radio I call it number 512646 1984 it looks like Ramadan from Arizona I see
[29:35.940 --> 29:41.940]  there we will get to you on the other side so if you have a question or comment
[29:41.940 --> 29:47.140]  give us a call we'll be taking your calls all night and it's a little longer
[29:47.140 --> 29:50.660]  break so it's a good time to check out Logos Radio Network and see if you can
[29:50.660 --> 29:56.580]  help us fill up this fundraiser so we can close the whole thing down we'll be
[29:56.580 --> 29:58.940]  right back
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[33:32.460 --> 33:42.140]  okay we are back Randy Kelsen rule of law radio and we're talking to Tim in
[33:42.140 --> 33:50.220]  Texas and Tim did you have something else if we don't I got something I want
[33:50.220 --> 33:58.660]  to talk about with you on this okay go ahead we hit we they came after Tim
[33:58.660 --> 34:04.420]  over municipal ordinance violations over he has a repair shop and they're
[34:04.420 --> 34:08.340]  calling all the cars that he's got there for repair they call them all jump
[34:08.340 --> 34:14.740]  cars in the city apparently they've had a running issue with city manager in the
[34:14.740 --> 34:19.340]  city managers using the municipal ordinances to try to retaliate against
[34:19.340 --> 34:24.580]  them okay so they went to court and instead of a trial they had an
[34:24.580 --> 34:27.500]  administrative hearing which were claiming they didn't have authority to
[34:27.500 --> 34:35.860]  have they tricked him they had a trial by bushwhack and we filed a challenge
[34:35.860 --> 34:40.580]  subject matter jurisdiction they just ignored it we filed a motion for summary
[34:40.580 --> 34:45.500]  judgment they refused to set it for hearing it's still sitting there and
[34:45.500 --> 34:50.380]  then they filed a suit to collect the administrative fees that they supposedly
[34:50.380 --> 34:56.900]  adjudicated and we filed a countersuit we filed an answer and a countersuit
[34:56.900 --> 35:01.740]  sued them all and we filed criminal charges against them at the same time
[35:01.740 --> 35:10.020]  and that should be a nice conundrum for them because they're used to thinking in
[35:10.020 --> 35:19.260]  terms of either civil or criminal but we came in and did both now if you go to a
[35:19.260 --> 35:23.220]  lawyer a lawyer will tell you that you can either file criminal complaints
[35:23.220 --> 35:27.780]  against somebody but if you do that then you can file suit or you can file suit
[35:27.780 --> 35:36.740]  but that is patently untrue the courts don't like it but we really don't care
[35:36.740 --> 35:44.260]  what the court likes and doesn't like so at this point we have civil litigation
[35:44.260 --> 35:56.380]  and their problem is if the grand jury indicts then that effectively establishes
[35:56.380 --> 36:03.820]  collateral stop or residue not exactly residue is caught up but it establishes
[36:03.820 --> 36:11.900]  that there is at least probable cause to believe that these officials committed
[36:11.900 --> 36:18.660]  these criminal acts to your detriment where you are the victim and that
[36:18.660 --> 36:26.380]  that'll have the effect of establishing your claim in the civil case well we
[36:26.380 --> 36:33.380]  were talking to someone today about it and was just saying that really in
[36:33.380 --> 36:38.300]  small communities if there's a problem like how they came after me they sent me
[36:38.300 --> 36:42.420]  the notice letter saying those in violation then when I tried to speak
[36:42.420 --> 36:47.140]  with them they basically refused and then under testimony the city
[36:47.140 --> 36:51.300]  administrator said that she didn't want to work with me because she didn't want
[36:51.300 --> 36:57.180]  the conflict well it really shouldn't be her decision to make especially since
[36:57.180 --> 37:01.980]  she's a public servant and that the people that are elected to the office
[37:01.980 --> 37:09.060]  are people who are citizens of this town and so if there is a conflict we
[37:09.060 --> 37:14.860]  should be able to in peace work these things out but instead they use their
[37:14.860 --> 37:19.740]  office for official repression against people that's what people do if they
[37:19.740 --> 37:22.980]  don't like something that you're doing instead of trying to work it out with
[37:22.980 --> 37:27.420]  their neighbor well they'll just call the city or the county or whoever whatever
[37:27.420 --> 37:31.300]  government is supposed to be over them they'll turn you in and then you'll have
[37:31.300 --> 37:36.900]  some sort of investigation well if if you're in the wrong you know then you
[37:36.900 --> 37:44.300]  try to fix it you know do whatever come into compliance but she made it sound
[37:44.300 --> 37:48.980]  under testimony that's what I was trying to talk to you yesterday about under
[37:48.980 --> 37:53.300]  testimony that she had tried to they had tried to work for me work with me
[37:53.300 --> 37:57.860]  before on other issues but it always turned into conflict that's not true at
[37:57.860 --> 38:03.420]  all either because I always complied whether it was a sign or a travel
[38:03.420 --> 38:07.940]  trailer or other vehicles that I'd had at one point they were my personal
[38:07.940 --> 38:12.180]  vehicles and I had them all moved but these were customers vehicles there to
[38:12.180 --> 38:17.860]  be repaired and yeah they weren't licensed because they have to be inspected
[38:17.860 --> 38:21.820]  to be licensed and so there's no use if they're not running up and down the road
[38:21.820 --> 38:26.220]  to spend the money to do that until they're ready to be running up and down
[38:26.220 --> 38:32.460]  the road so it doesn't make sense it shows that she has malice and intent of
[38:32.460 --> 38:37.460]  malice to come after me but she can't do this on her own she has to have somebody
[38:37.460 --> 38:44.940]  on the council that she has convinced you know so okay this goes this went to
[38:44.940 --> 38:51.780]  the strategy that we used if we go to the courts and say that this was all
[38:51.780 --> 38:56.740]  orchestrated by the city administrator and all these other people were just
[38:56.740 --> 39:01.220]  acting in accordance with their city administrator they're gonna say spare me
[39:01.220 --> 39:08.380]  give me a break but if we go after everybody that did what the city
[39:08.380 --> 39:16.580]  administrator encouraged them to do and don't go after the city administrator
[39:16.580 --> 39:23.300]  they're all gonna look around and say we are in this problem because the city
[39:23.300 --> 39:29.780]  administrator told us to do all this stuff now if we say that the city
[39:29.780 --> 39:35.860]  administrator is a problem that can be a lie but if they decide that the city
[39:35.860 --> 39:42.300]  administrator is the problem that's the truth and it's been my experience any
[39:42.300 --> 39:47.700]  time you make an accusations against an official everybody's gonna jump in
[39:47.700 --> 39:57.060]  behind that thin blue line and protect them no matter what yeah that's what we
[39:57.060 --> 40:04.140]  were trying to avoid is forcing everybody to protect the city administrator
[40:04.140 --> 40:10.700]  because we made accusations against her so we didn't make accusations
[40:10.700 --> 40:16.540]  against her we made accusations against everybody who did what she said it
[40:16.540 --> 40:23.180]  effectively trying to turn them against her now the problem we have from our side
[40:23.180 --> 40:30.260]  is if this does occur we cannot directly know what's in the mind of these
[40:30.260 --> 40:37.100]  individuals all we can do is lay the groundwork and give them opportunity but
[40:37.100 --> 40:42.020]  I can pretty well guarantee you those members of that administrative board
[40:42.020 --> 40:47.180]  they are not happy with the city administrator at this moment
[40:47.180 --> 40:53.700]  well I wanted to point out something was that that Monday which was the day
[40:53.700 --> 41:00.940]  before the hearing the administrative hearing which was the 29th of May that's
[41:00.940 --> 41:07.300]  was was Memorial Day actually they had to hold an emergency meeting in order to
[41:07.300 --> 41:11.020]  appoint this board and that's all they did they had the Pledge of Allegiance you
[41:11.020 --> 41:18.260]  know made sure everybody was there for a quorum and then sat down assigned the
[41:18.260 --> 41:25.540]  three members to the administrative hearing board and then adjourned and
[41:25.540 --> 41:32.660]  then that was at 6.09 p.m. at 5 30 the next day less than 24 hours later we're
[41:32.660 --> 41:38.740]  having the administrative hearing so no if there was anything now they're
[41:38.740 --> 41:46.380]  supposed to give it 72 I don't think so I think well I don't know the problem is
[41:46.380 --> 41:53.220]  is when I was looking at you know naming these individuals for their
[41:53.220 --> 41:58.180]  participation I needed their addresses and one of them had an address outside
[41:58.180 --> 42:05.980]  the city limits so that raised a question how can you appoint someone to an
[42:05.980 --> 42:11.780]  administrative board who lives outside the city limits and frankly for me it
[42:11.780 --> 42:17.820]  was disturbing because it highlighted an unstated presupposition that I was
[42:17.820 --> 42:24.780]  operating from that I had never questioned we've all heard administrative
[42:24.780 --> 42:31.940]  board over and over in different circumstances so it never occurred to
[42:31.940 --> 42:40.940]  me that maybe they can't even appoint an administrative board at all that this
[42:40.940 --> 42:47.020]  never came to mind but when I looked at this board member out of the city the
[42:47.020 --> 42:50.460]  question became can they appoint an administrative board out of the city so we
[42:50.460 --> 42:55.700]  went looking for the rules for appointing an administrative board and there
[42:55.700 --> 43:01.380]  wasn't any there wasn't anything about an administrative board there wasn't
[43:01.380 --> 43:07.020]  anything that said that they could appoint an administrative board where were
[43:07.020 --> 43:13.300]  you looking looked in the ordinances okay the city ordinances that's what I
[43:13.300 --> 43:17.740]  was trying to get to okay the only thing I looked in state law and the only thing
[43:17.740 --> 43:22.700]  in state law that went to administrative board was a had he had to do with
[43:22.700 --> 43:28.300]  property taxes or something of that nature there's an actual in Austin
[43:28.300 --> 43:33.900]  there's an actual place where a judge is over an administrative hearing for
[43:33.900 --> 43:38.740]  people that don't want to go to court hang on you'd have to talk about that in
[43:38.740 --> 43:43.740]  context because not everything's amenable to administrative here and hang on
[43:43.740 --> 43:50.140]  Randy Kelton Debra Stevens rule of our radio our call it number 512 646 1984
[43:50.140 --> 43:53.340]  we'll be right back
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[46:24.660 --> 46:42.780]  okay we are back ready to count Debra Stevens rule of law radio and we're
[46:42.780 --> 46:50.740]  talking to him in Texas okay Tim where were we sir well we were just talking
[46:50.740 --> 46:55.780]  about looking the ordinances to find out where they got the authority and the
[46:55.780 --> 47:04.580]  person who is not living within the city limits who was actually the chair of the
[47:04.580 --> 47:12.500]  I guess that's what you call them right of the board yeah wasn't she a city
[47:12.500 --> 47:19.940]  employee yes she's the assistant to the city administrator and she has a she has
[47:19.940 --> 47:28.860]  her son working for the library so he just paid the city funds also it's just
[47:28.860 --> 47:33.660]  how things are you know you would think that they would hire within the
[47:33.660 --> 47:37.740]  community but instead everybody who's an employee for the city lives outside of
[47:37.740 --> 47:43.860]  the community now regardless that's not the way it used to be well with it with
[47:43.860 --> 47:49.340]  a small municipality sometimes it's difficult to find the talent you need
[47:49.340 --> 47:56.940]  within the small pool you have within a municipality that's not necessarily an
[47:56.940 --> 48:06.140]  issue but putting that a person on the board of a municipal board that doesn't
[48:06.140 --> 48:13.060]  have an interest in a direct interest in the city itself but merely works for the
[48:13.060 --> 48:18.260]  city it would seem that that would the fact that they works for the city itself
[48:18.260 --> 48:26.780]  would seem to disqualify them but the problem was we couldn't find anything
[48:26.780 --> 48:34.260]  that sets limitations or requirements on who you could appoint as an
[48:34.260 --> 48:38.820]  administrative as a member of an administrative board because you couldn't
[48:38.820 --> 48:45.660]  find anything that went to an administrative board at all so where
[48:45.660 --> 48:54.300]  did the city get authority to do this because the city is a legal entity it
[48:54.300 --> 49:03.380]  is a an official governmental agency and they may only do what they are
[49:03.380 --> 49:10.020]  specifically authorized to do so where do they get this specific authorization
[49:10.020 --> 49:17.220]  well from what I read general law cities it comes directly from the state so they
[49:17.220 --> 49:23.820]  have to adopt the rules from the state is that correct I can't say for certain
[49:23.820 --> 49:30.580]  I haven't seen anything requiring that it may but I don't have that kind of
[49:30.580 --> 49:38.340]  intimate familiarity with the laws concerning general law cities yeah okay
[49:38.340 --> 49:43.580]  did you find did you find something in state law concerning general law
[49:43.580 --> 49:48.860]  cities that authorized general law cities to appoint administrative boards
[49:48.860 --> 49:56.620]  no we looked and we looked and we looked and we looked and we read and that's you
[49:56.620 --> 50:03.620]  can drown in law I mean reading through all the stuff that is non applicable to
[50:03.620 --> 50:08.540]  your situation and still not come across it you know but it's I guess it's
[50:08.540 --> 50:11.620]  better than going to a law library and pulling books down and trying to go
[50:11.620 --> 50:15.820]  through pages so the internet has made it at least that much simpler but you
[50:15.820 --> 50:19.740]  would think that if they're going to use something like this that it would be
[50:19.740 --> 50:28.980]  familiar with the people that are partaking of it so the harder it is for
[50:28.980 --> 50:39.820]  you to find the better because right that the lawyer for the city unlike you is
[50:39.820 --> 50:46.980]  learning counsel and under the American Bar Association's model standards which
[50:46.980 --> 50:57.540]  have been adopted by the state of Texas a lawyer is required to give notice if
[50:57.540 --> 51:06.700]  his clients doing something illegal and the lawyer cannot participate in an
[51:06.700 --> 51:16.900]  action that's illegal so they I suspect that the lawyer was harboring the same
[51:16.900 --> 51:24.460]  unstated presupposition that I was okay which I'm not I'm not exactly a chomp in
[51:24.460 --> 51:31.780]  these matters but it never occurred to me to ask if they actually had authority
[51:31.780 --> 51:37.900]  and that tripping over that is the fact that they had an out-of-city board
[51:37.900 --> 51:43.100]  member causing me to question it and holy mackerel good chance when this lawyer
[51:43.100 --> 51:50.100]  read the code read our counter complaint she good chance she swallowed a
[51:50.100 --> 51:54.780]  gum when she got to that part because she probably was deluded by the same
[51:54.780 --> 52:00.500]  unstated presupposition well of course we cannot for an administrative board
[52:00.500 --> 52:05.180]  cities do it all the time when it was all through and you had walked over to my
[52:05.180 --> 52:10.660]  table when they were through saying you know guilty she walked over and she took
[52:10.660 --> 52:16.260]  a little sticky note and she put it in front of me that had some ordinance
[52:16.260 --> 52:21.300]  number code code number from state and I don't know I don't know what happened to
[52:21.300 --> 52:26.540]  that sticky note I don't know but she was very proud of herself that she came and
[52:26.540 --> 52:34.580]  gave it to us because you know she's what to the year out of law school so we'll
[52:34.580 --> 52:41.900]  see we'll see how proud of herself she is now yeah okay not real sure this is
[52:41.900 --> 52:45.980]  this is this is where I got told someone today I said lawyers make their money
[52:45.980 --> 52:55.420]  off of controversy they've made a very very very nice place for them to live
[52:55.420 --> 53:00.540]  while the rest of us suffer and never really get justice and justice is what
[53:00.540 --> 53:07.620]  we're after well here's the problem this lawyer has as we charge the lawyer with
[53:07.620 --> 53:16.500]  baritry and baritry Texas the only state that has baritry laws and baritry goes
[53:16.500 --> 53:24.340]  to fomenting litigation right so if you advise your client to do something that
[53:24.340 --> 53:31.260]  or it will have the effect of embroiling your client in litigation and then you
[53:31.260 --> 53:38.380]  get to make money representing that litigation that's baritry that's a
[53:38.380 --> 53:45.260]  fellow felony in Texas and we've got her charged with it this is in reading
[53:45.260 --> 53:51.780]  the case law and baritry it's common for a lawyer to be disbarred over
[53:51.780 --> 54:00.820]  baritry so well I suspect this lawyer at this point is not quite so cocky as
[54:00.820 --> 54:09.300]  she once was well she's not answering any of the letters when we did a record
[54:09.300 --> 54:14.100]  request there's another attorney for the law firm she works for answering them
[54:14.100 --> 54:19.100]  but of course they have advised their client the city and any of its employees
[54:19.100 --> 54:23.380]  not to have any contact with me actually only the code enforcement officer has
[54:23.380 --> 54:27.460]  told me that but since the city administrators not sending any letters
[54:27.460 --> 54:32.100]  and response to anything we say now that they're coming directly from the law firm
[54:32.100 --> 54:41.100]  certified mail then that tells me they're handling all correspondence and and they
[54:41.100 --> 54:46.380]  get paid for each one of these yeah and I think what with the lawsuit they
[54:46.380 --> 54:49.580]  filed against me is that they think they're going to take that out of my
[54:49.580 --> 54:54.260]  hide because I'm going to live because I'm guilty I'm guilty before proven
[54:54.260 --> 54:59.580]  innocent and that's the whole preposition of our conflict is that they
[54:59.580 --> 55:04.660]  did not give me a trial by jury that's what I asked okay yeah we've got all
[55:04.660 --> 55:12.300]  that in the suit yes this is really basic stuff yeah and it's in their code
[55:12.300 --> 55:19.860]  she referenced the note that she referenced to you was section chapter
[55:19.860 --> 55:28.820]  54 the Texas government code if I remember right and the first two that is
[55:28.820 --> 55:35.940]  chapter 54 goes to collection of an administrative fee and the first two
[55:35.940 --> 55:43.540]  subtitles in that go to a jury trial if you've asked for a jury trial then they
[55:43.540 --> 55:53.540]  cannot collect a administrative fee except on the re-finding of a jury first
[55:53.540 --> 56:00.100]  once it's right there at the beginning you have a request for jury trial in the
[56:00.100 --> 56:07.460]  record and there is no jury determination I know you get the other
[56:07.460 --> 56:11.540]  colors but I have one more question in all of this since they took it to the
[56:11.540 --> 56:16.860]  7 the district court and the judge denied my challenge to subject matter
[56:16.860 --> 56:21.700]  jurisdiction and he listened to everything they had he gave them the
[56:21.700 --> 56:28.900]  restraining order and he gave them the injunction but then he you know he's
[56:28.900 --> 56:34.300]  listening to the code enforcement officer and then the the accusation by
[56:34.300 --> 56:40.460]  the attorneys for the city and then I'm sitting there and I don't know what I'm
[56:40.460 --> 56:47.380]  doing you know just try not to make the judge mad but he seemed to be somewhat
[56:47.380 --> 56:55.100]  polite that day more than he was the other day but it's like this is this is
[56:55.100 --> 57:00.340]  something that it's like it's already planned you know I mean okay stop stop
[57:00.340 --> 57:08.140]  of course these are lawyers the judge is a lawyer the lawyers on the other side
[57:08.140 --> 57:13.420]  they're all got their snouts in the same trough and you're an arrogant pro se
[57:13.420 --> 57:17.620]  you've got a lot of gall coming in here and not paying a lawyer to stand in
[57:17.620 --> 57:24.540]  your place the work brings up the attitude of the lady judge that was
[57:24.540 --> 57:28.900]  that the initial hearing that was making faces and shaking her head and
[57:28.900 --> 57:33.980]  speaking into the judges here yeah and we we have accusations against her for
[57:33.980 --> 57:42.980]  that as well anyway the idea of what we try to do here is we try to be legally
[57:42.980 --> 57:49.660]  pedantic we want to go to the most minute details we want to go to the
[57:49.660 --> 57:57.380]  places lawyers never go to okay hang on going to break what will I need to move
[57:57.380 --> 58:02.340]  on we'll pick up on the other side we'll talk about this later but these guys
[58:02.340 --> 58:08.460]  did all that they could do they violated everything they could get close to and I
[58:08.460 --> 58:13.140]  had asked him not to do anything this whole back while these guys are kicking
[58:13.140 --> 58:18.420]  Tim and his wife around every way from Sunday and he stood back there and did
[58:18.420 --> 58:25.060]  what I asked him to until they screwed up all they could and once they screwed up
[58:25.060 --> 58:31.180]  all they could we came back after them big time and now things have gotten real
[58:31.180 --> 58:36.740]  quiet on that side and now it's Tim's turn hang on Randy Kelton Deborah
[58:36.740 --> 58:45.420]  Stevens rule of law radio I call it number 512646 1984 we'll be right back
[58:49.500 --> 58:55.260]  the Bible remains the most popular book in the world yet countless readers are
[58:55.260 --> 58:59.820]  frustrated because they struggle to understand it some new translations try
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[59:49.340 --> 59:57.980]  dot com you're listening to the logos radio network at logos radio network
[59:57.980 --> 01:00:05.220]  dot com falling these flashes brought to you by the low-star blowdowns
[01:00:05.220 --> 01:00:10.860]  providing the deli bulletins for the commodities market today in history news
[01:00:10.860 --> 01:00:21.900]  updates and the inside scoop into the tides of the alternative markets for
[01:00:21.900 --> 01:00:25.580]  Wednesday the 15th of November 2017 closed with gold at one thousand two
[01:00:25.580 --> 01:00:28.620]  hundred seventy eight dollars and thirty three cents an ounce silver seventeen
[01:00:28.620 --> 01:00:31.900]  dollars an ounce Texas crude fifty five dollars and seventy cents a barrel
[01:00:31.900 --> 01:00:44.060]  Bitcoin is about 7295 dollars and dash coins about 421 us fiat today in
[01:00:44.060 --> 01:00:48.540]  history the year 1920 the first assembly of the League of Nations is held in
[01:00:48.540 --> 01:00:56.660]  Geneva Switzerland today in history in recent news in a statement almost in
[01:00:56.660 --> 01:01:01.580]  parody of the popular TV series game thrones 24-year-old Suyash Dixit
[01:01:01.580 --> 01:01:05.860]  a man from central India and CEO of the Indian based technology company
[01:01:05.860 --> 01:01:11.740]  softener proclaimed I see us Dixit first of my name and the protector of the
[01:01:11.740 --> 01:01:16.380]  realm declare myself as the king of the kingdom of Dixit I declare this
[01:01:16.380 --> 01:01:21.300]  unclaimed lamb of beer to will as my country from now to eternity of time I
[01:01:21.300 --> 01:01:25.540]  pledge to continue to work for the prosperity of my people of the country
[01:01:25.540 --> 01:01:30.220]  of this motherland in effect laying claim to an 800 square mile strip of land
[01:01:30.220 --> 01:01:34.140]  known as Barak Tawil that has been described as the only place on earth
[01:01:34.140 --> 01:01:38.260]  that is habitable but not claimed by any government Dixit explained that quote
[01:01:38.260 --> 01:01:42.460]  following the early civilization ethics and rule if you want to claim a land
[01:01:42.460 --> 01:01:46.780]  then you need to grow crops on it I've added a seed and poured some water on it
[01:01:46.780 --> 01:01:51.340]  today it is mine Dixit plans to govern the kingdom online where potential
[01:01:51.340 --> 01:01:54.860]  citizens can apply for citizenship or a position in government the United
[01:01:54.860 --> 01:01:59.380]  Nations has four criteria for statehood a permanent population a defined
[01:01:59.380 --> 01:02:03.060]  territory a government and the ability to enter into relations with another
[01:02:03.060 --> 01:02:07.020]  state it appears that the kingdom of Dixit it has all but the first the
[01:02:07.020 --> 01:02:10.860]  spontaneous rise of sovereign state seems to be a growing trend for example
[01:02:10.860 --> 01:02:14.620]  in 2015 a libertarian activist from the Czech Republic established the free
[01:02:14.620 --> 01:02:18.620]  Republic of Liberland and a dispute territory between Siberia and Croatia
[01:02:18.620 --> 01:02:22.420]  hundreds of people have allegedly already filed application for the new
[01:02:22.420 --> 01:02:25.180]  kingdom of Dixit
[01:02:25.180 --> 01:02:31.940]  viewing conditions for the annual Leonid meteor shower should be at their
[01:02:31.940 --> 01:02:36.860]  best late into the 17th and early in the morning hours of the 18th all workers
[01:02:36.860 --> 01:02:40.700]  away from city lights should expect to see anywhere from 10 to 25 meteors an
[01:02:40.700 --> 01:02:44.980]  hour the showers named after the constellation Leo the lion because they
[01:02:44.980 --> 01:02:49.340]  seem to emanate from that region in the sky it is the northeastern part of the
[01:02:49.340 --> 01:02:59.860]  horizon this is for you with your lowdown for November 15 2017
[01:03:19.340 --> 01:03:31.020]  okay we are back Randy Kelton rule our radio and we're going to Ramadan in
[01:03:31.020 --> 01:03:39.980]  Arizona hello Ramadan is that correct am I pronouncing that right that's correct
[01:03:39.980 --> 01:03:47.980]  Mr. Kelton how are you I am good what do you have for us today well I had
[01:03:47.980 --> 01:03:51.660]  actually a quarter of a few months ago but I don't know it seemed like I had
[01:03:51.660 --> 01:03:56.220]  back connection trying to get into the radio station calling after update but
[01:03:56.220 --> 01:04:04.700]  I was actually my case I had a case here in Arizona in Scottsdale a municipal
[01:04:04.700 --> 01:04:12.460]  city about a driving on the suspended scratch revoke license and I went to
[01:04:12.460 --> 01:04:17.780]  trial and I remember you told me you gave me some advice about challenge the
[01:04:17.780 --> 01:04:27.660]  the the for the authority of the peace officer to enforce the transportation
[01:04:27.660 --> 01:04:33.020]  code but I hit a dead wall I'm not done studying it but it just got to complex
[01:04:33.020 --> 01:04:39.620]  for me to go directly with and be confident and how to go with it so I
[01:04:39.620 --> 01:04:44.980]  chose his unmarked car because I had spoke with Eddie about this and he was
[01:04:44.980 --> 01:04:49.100]  saying well you should go after his unmarked car and I was like well they
[01:04:49.100 --> 01:04:54.540]  have on my cars all around the cities in all the cities and sister cities it's
[01:04:54.540 --> 01:04:58.540]  a well they're supposed to be for a drug interdiction so I actually looked up
[01:04:58.540 --> 01:05:03.580]  the statute and it says it's for felony investigations and activities of a
[01:05:03.580 --> 01:05:09.260]  confidential nature now when this officer got on the stand he testified
[01:05:09.260 --> 01:05:15.100]  that his baby his basic duty was patrol and he said that on both ends of the
[01:05:15.100 --> 01:05:20.780]  prosecuting the prosecutor questioning him and me personally but I made him you
[01:05:20.780 --> 01:05:25.140]  know detail exactly what he is he does like what it is you're doing on typical
[01:05:25.140 --> 01:05:29.580]  day and he's like well I'm just you know helping out taking in calls I'm looking
[01:05:29.580 --> 01:05:35.340]  for violations or you know just regular police and so then I asked them do you
[01:05:35.340 --> 01:05:40.260]  have I said I noticed he had an unmarked car and he says I have a semi-marked car
[01:05:40.260 --> 01:05:45.380]  and I was like totally unheard of me unheard of to me so he's like well my
[01:05:45.380 --> 01:05:49.060]  certain my car this has no details but it doesn't it has police equipment a cage
[01:05:49.060 --> 01:05:52.940]  back so I said what does unmarked cars have well unmarked cars they don't have
[01:05:52.940 --> 01:05:57.780]  anything in them I'm like not even a police radio so I'm like okay whatever
[01:05:57.780 --> 01:06:03.900]  that means do you have lawful authority and so prosecutor object and I tell them
[01:06:03.900 --> 01:06:09.740]  and then the judge asked me well what's the legal relevance well here it is in
[01:06:09.740 --> 01:06:15.420]  title 38 you know you know 538 it says that how police and the
[01:06:15.420 --> 01:06:21.940]  municipality some state-issued vehicles and need to be marked with decal and not
[01:06:21.940 --> 01:06:26.700]  only that but actually two months prior to the stop exactly two months prior to
[01:06:26.700 --> 01:06:31.420]  the stop the city of Scottsville City Council had issued a report a resolution
[01:06:31.420 --> 01:06:36.420]  that says that to reinforce the statute and whatever it is because you have they
[01:06:36.420 --> 01:06:41.020]  need to go back and they have the decal markings and only vehicles can apply to
[01:06:41.020 --> 01:06:46.340]  the to the the city manager for an exemption and you know I just went down
[01:06:46.340 --> 01:06:51.100]  that I went down that roadway and so the judges became ignorant and we just like
[01:06:51.100 --> 01:06:55.100]  well whatever you have a suspended license not only that it was cancelled
[01:06:55.100 --> 01:06:59.100]  and so they just wrote on that didn't even talk about the legality of the
[01:06:59.100 --> 01:07:07.420]  DMR car and so I set it up for an appeal now I have I issued the my memorandum I
[01:07:07.420 --> 01:07:15.260]  had typed it up and I focused directly on that in every single aspect and I got
[01:07:15.260 --> 01:07:21.460]  the appellee the prosecutors memo and this is is a response memo it's just a
[01:07:21.460 --> 01:07:28.260]  bunch of garbage just talking about how they didn't know that the state you
[01:07:28.260 --> 01:07:33.780]  would basically we never had an issue with you know decal marking the legality
[01:07:33.780 --> 01:07:43.500]  of decal marking so I'm like well my okay my objection relevance so is it a
[01:07:43.500 --> 01:07:54.380]  position of the city that ignorance is a defense oh yeah I remember that one
[01:07:54.380 --> 01:08:00.060]  ignorance of the law is no excuse or something like that they're screwed
[01:08:00.060 --> 01:08:08.180]  screws of the US essentially what it says if that a private citizen cannot
[01:08:08.180 --> 01:08:13.580]  claim ignorance of the law as a defense to prosecution a public official is held
[01:08:13.580 --> 01:08:18.420]  to a much higher standard if a public official violates a ruling of the
[01:08:18.420 --> 01:08:26.820]  court and he be sane he may not be heard to say he knows not what he does excuse
[01:08:26.820 --> 01:08:31.620]  me now that goes to primarily to an official doing something they shouldn't
[01:08:31.620 --> 01:08:41.980]  do here we have learned counsel this is not chump pro se this is learned counsel
[01:08:41.980 --> 01:08:48.060]  and learning counsel in court has a duty to give notice to the judge if the judge
[01:08:48.060 --> 01:08:56.620]  is screwing up so learned counsel is defending themselves by saying oh judge
[01:08:56.620 --> 01:09:07.140]  we did right because we were ignorant that's interesting we see how that
[01:09:07.140 --> 01:09:16.500]  works so have they did they actually address the issue oh no I just got the
[01:09:16.500 --> 01:09:20.500]  the appellate response in the mail about a couple days ago because I thought
[01:09:20.500 --> 01:09:25.980]  mines last week about a week and a half ago and I'm waiting for the superior
[01:09:25.980 --> 01:09:34.500]  court I didn't ask for you you can file a response to their answer I think in
[01:09:34.500 --> 01:09:40.020]  the court rules it specifically said that I could like a response to their
[01:09:40.020 --> 01:09:48.700]  response no no no they you filed a motion you filed an appeal they filed a you
[01:09:48.700 --> 01:09:53.620]  filed your appellate brief they filed their appellate brief you can respond
[01:09:53.620 --> 01:10:02.180]  to their appellate brief this is how it generally works emotions filed and
[01:10:02.180 --> 01:10:07.980]  answers filed a response to the answer can be filed and that's it anything
[01:10:07.980 --> 01:10:13.580]  beyond that they have to ask the court permission so you filed a an appeal they
[01:10:13.580 --> 01:10:22.940]  filed a appellate brief and where they raised issues that were not in your
[01:10:22.940 --> 01:10:30.420]  appellate brief and or if they raise issues before the court that are irrelevant
[01:10:30.420 --> 01:10:36.420]  issues or new issues that weren't that wasn't brought up in the case I mean did
[01:10:36.420 --> 01:10:43.140]  they say in the case at bar that oh your honor you should deny this argument
[01:10:43.140 --> 01:10:49.620]  because we're ignorant that's exactly what he said he said that in trial he
[01:10:49.620 --> 01:10:55.020]  said that well if this is the case in which decal matters or a subject matters
[01:10:55.020 --> 01:11:00.660]  then we said um it's like over 75% of our DUI cases need to be overturned and
[01:11:00.660 --> 01:11:06.140]  that's what he went with his ending his ending argument it's closing argument
[01:11:06.140 --> 01:11:11.860]  at trial and I'm did you did you include that argument in your appeal appellate
[01:11:11.860 --> 01:11:23.140]  brief well the what he said no but okay I did say yes I put it in my closing
[01:11:23.140 --> 01:11:28.540]  argument I made it it's a trial to where I made it clear that my concern and I
[01:11:28.540 --> 01:11:36.260]  even questioned the legality of this on my car they look now your honor if this
[01:11:36.260 --> 01:11:41.940]  these charges are to stand then the state needs to prove lawful authority of
[01:11:41.940 --> 01:11:48.900]  this of this of the new lawful authority of this semi-marked vehicle
[01:11:48.900 --> 01:11:53.300]  because here it is it's in the statute this right there in the statute and it's
[01:11:53.300 --> 01:11:58.460]  also not only that but it was a city council report those issues
[01:11:58.460 --> 01:12:03.260]  just two months prior to that this is that we need to refer back to the Arizona
[01:12:03.260 --> 01:12:09.660]  revised statute okay these are exactly the kinds of arguments I really like
[01:12:09.660 --> 01:12:16.540]  because now you're putting them in a position to where you know these guys
[01:12:16.540 --> 01:12:22.780]  force this to appeal is this appealed to a county court or to a court of appeal
[01:12:22.780 --> 01:12:31.340]  of an actual appeals court county court okay so the county court won't make law
[01:12:31.340 --> 01:12:41.460]  you've appealed trial de novo so in this case this is not exactly an appeal as you
[01:12:41.460 --> 01:12:46.820]  would normally consider an appeal this is trial de novo that the trial is
[01:12:46.820 --> 01:12:53.540]  essentially starting over again unless unless was the original court a court of
[01:12:53.540 --> 01:13:03.540]  record yes it was okay in audio okay then this is not the trial de novo then
[01:13:03.540 --> 01:13:09.900]  they're bound to what occurred in the original court so you put them in a
[01:13:09.900 --> 01:13:17.180]  position to where you're asking a question that if you appeal this to the
[01:13:17.180 --> 01:13:21.660]  court of appeals and they rule in your favor the city's gonna have to throw out
[01:13:21.660 --> 01:13:31.820]  all of their convictions so the best thing they can do is dismiss your case
[01:13:31.820 --> 01:13:38.100]  for some other reason did you give them a reason other than this to dismiss the
[01:13:38.100 --> 01:13:50.940]  case well my rights were actually I was I contested my providing any self
[01:13:50.940 --> 01:13:55.020]  incriminating evidence because I had okay okay that's what you need good good
[01:13:55.020 --> 01:14:01.820]  good good you need you needed to give when you back a bulldog in a corner you
[01:14:01.820 --> 01:14:08.540]  always got to leave him a way out I remember you said that before yeah you're
[01:14:08.540 --> 01:14:14.900]  making this claim that if they rule in your favor potentially every charge that
[01:14:14.900 --> 01:14:20.700]  has been adjudicated based on them using a vehicle without the proper decals on
[01:14:20.700 --> 01:14:28.260]  it could be thrown out for the city this could be a catastrophe so because
[01:14:28.260 --> 01:14:33.300]  they'll be oh it can make precedent and they don't want that absolutely they
[01:14:33.300 --> 01:14:40.060]  don't want that so when you do this you need to give them another way out so they
[01:14:40.060 --> 01:14:47.100]  can throw you a bone dismiss your case on something other than this issue so
[01:14:47.100 --> 01:14:53.780]  this issue doesn't get addressed this reminds me of a case that uh what's
[01:14:53.780 --> 01:14:58.340]  the person that went to Eddie's class and he addressed it and he said they
[01:14:58.340 --> 01:15:02.660]  are going to have to make this go away or there is going to be precedent so what
[01:15:02.660 --> 01:15:10.940]  I left them is that well I didn't make much more argument because I stated a
[01:15:10.940 --> 01:15:17.580]  couple is on case law that says well and state state versus a chela in
[01:15:17.580 --> 01:15:23.820]  Arizona a person is seized within fourth amendment once they approach the police
[01:15:23.820 --> 01:15:28.980]  officer has restricted their freedom to walk away and that's that's well
[01:15:28.980 --> 01:15:35.020]  established case law all over the country so that'll that's illegal that has
[01:15:35.020 --> 01:15:40.780]  the effect of illegal maximum so they can't argue that but basically what
[01:15:40.780 --> 01:15:43.980]  happened was he searched my license plate because I had questioned him in
[01:15:43.980 --> 01:15:51.220]  trial did he see me observe any kind of moving violation anything and he was
[01:15:51.220 --> 01:15:54.620]  like well no I don't have to know that's not what I asked I asked did you
[01:15:54.620 --> 01:15:59.740]  observe anything is a judge made a man sir and so well no I didn't see
[01:15:59.740 --> 01:16:03.940]  anything and he searched my license plate and he saw that the driver was
[01:16:03.940 --> 01:16:08.020]  irrevocable had a revoked license but um there's actually something I did not
[01:16:08.020 --> 01:16:12.940]  bring up and I should have it's about a Jeopard double Jeopardy clause because
[01:16:12.940 --> 01:16:19.420]  they had the officer testified in his irreplace report and on the stand to say
[01:16:19.420 --> 01:16:26.900]  that he observed me and knew for sure that I was the person of the the of the
[01:16:26.900 --> 01:16:33.820]  license plate license driver quote-unquote driver that had been pulled up
[01:16:33.820 --> 01:16:42.180]  he was able to verify that I was me not only that also said well to the other
[01:16:42.180 --> 01:16:45.940]  suspended license and another hang on hang on got to go to break Randy
[01:16:45.940 --> 01:16:50.300]  Kelton Debra Stevens roof on radio and I'm glad you went there because that's
[01:16:50.300 --> 01:16:54.140]  exactly where I wanted to go we want to address this on the side other side
[01:16:54.140 --> 01:17:02.820]  hang on we'll be right back I love logos without the shows on this network I'd
[01:17:02.820 --> 01:17:06.660]  be almost as ignorant as my friends I'm so addicted to the truth now that there's
[01:17:06.660 --> 01:17:11.540]  no going back I need my truth fake I'd be lost without logos and I really want
[01:17:11.540 --> 01:17:15.140]  to help keep this network on the air I'd love to volunteer as a show producer but
[01:17:15.140 --> 01:17:19.060]  I'm a bit of a Luddite and I really don't have any money to give because I spent
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[01:19:26.060 --> 01:19:38.660]  okay we are back brandy kelton we live on radio and we're talking to Ramadan in
[01:19:38.660 --> 01:19:47.020]  Arizona and yeah he sees someone in the vehicle was he able to get your
[01:19:47.020 --> 01:19:56.020]  fingerprints while you were driving down the highway no so how did he positively
[01:19:56.020 --> 01:20:06.700]  confirm that you were actually the person driving that vehicle well the hate
[01:20:06.700 --> 01:20:10.420]  to be cliche but probably because like you know black people are pretty few
[01:20:10.420 --> 01:20:17.820]  around the area you see the black person and yeah and you all look alike
[01:20:17.820 --> 01:20:25.860]  yes but it's different because my driver's license photo is completely
[01:20:25.860 --> 01:20:37.180]  different than where I was I had short crew cut fade and almost completely clean
[01:20:37.180 --> 01:20:43.180]  shaved on my driver's license and what that day I had a full beard a full beard
[01:20:43.180 --> 01:20:48.700]  and shaved completely bald so I mean like and plus I had glasses on and I
[01:20:48.700 --> 01:20:52.180]  didn't have glasses on my driver's license photo I was ready to contest that
[01:20:52.180 --> 01:20:58.100]  but I didn't really give much like that way I just like whatever he says it was
[01:20:58.100 --> 01:21:05.220]  me use me okay well I think you're it sounds like you're in real good shape
[01:21:05.220 --> 01:21:11.260]  on the appeal because you kind of backed them into a corner and it sounds like
[01:21:11.260 --> 01:21:19.180]  the prosecutor had no argument well here is a heat the city prosecutor and they
[01:21:19.180 --> 01:21:23.380]  they pulled out almost the best prosecutor on me because they had looked
[01:21:23.380 --> 01:21:28.740]  in my car and they see the papers and some of them was Eddie's transcript
[01:21:28.740 --> 01:21:36.100]  transportation script and wait a minute hold on they seized papers out of your
[01:21:36.100 --> 01:21:42.100]  car yes and an inventory because I got arrested
[01:21:42.100 --> 01:21:45.900]  I'm motion to have them suppressed under the food of the poison tree but they
[01:21:45.900 --> 01:21:49.780]  didn't they didn't use it at trial but I'm pretty sure they did try to study it
[01:21:49.780 --> 01:21:57.860]  well I don't know they're not they don't seem too bright so maybe not could be it
[01:21:57.860 --> 01:22:04.580]  doesn't sound like he was too bright if he argued before the county court that
[01:22:04.580 --> 01:22:09.780]  they were ignorant of the issue yeah pretty much because I thought them I
[01:22:09.780 --> 01:22:15.140]  thought a motion to dismiss it the only thing was I didn't know exactly the type
[01:22:15.140 --> 01:22:20.340]  of motion to write it as I put it for motion to dismiss for lack of
[01:22:20.340 --> 01:22:25.980]  jurisdiction it should have been for lack of law for authority but the same
[01:22:25.980 --> 01:22:34.780]  difference educated top the same difference it makes no if the argument
[01:22:34.780 --> 01:22:40.860]  that you made is what mattered what you called it is irrelevant the title of a
[01:22:40.860 --> 01:22:46.620]  document does not is not controlling the substance of the document is
[01:22:46.620 --> 01:22:52.780]  controlling if you put in your document and motion to require the prosecutor to
[01:22:52.780 --> 01:22:56.700]  stand on his head and squawk like a chicken but the substance of the
[01:22:56.700 --> 01:23:00.500]  document challenge the subject matter jurisdiction of the court it is a
[01:23:00.500 --> 01:23:03.400]  challenge to subject matter jurisdiction of the court that title of the
[01:23:03.400 --> 01:23:11.100]  document means nothing I knew there was something like that because I was
[01:23:11.100 --> 01:23:16.580]  listening to Eddie and Olivia what they were talking about a case law of that a
[01:23:16.580 --> 01:23:21.820]  pro se litigant can be held to the same legal language as a bar attorney or
[01:23:21.820 --> 01:23:26.060]  experienced attorney but I thought that was only for civil format because I did
[01:23:26.060 --> 01:23:29.900]  look at the case law not found plenty of them but I thought that was only for a
[01:23:29.900 --> 01:23:38.940]  civil civil cases and not criminal cases so okay under you need to understand
[01:23:38.940 --> 01:23:47.940]  that criminal is civil the criminal procedure code is a subset of the civil
[01:23:47.940 --> 01:23:55.140]  procedure code it's just it's just a special kind of hearing you also have
[01:23:55.140 --> 01:24:00.660]  family code and the family code is a subset the procedures in the family
[01:24:00.660 --> 01:24:06.500]  code are a subset of the civil code because anything not addressed in the
[01:24:06.500 --> 01:24:11.780]  family code of the code of criminal procedure is drawn from the code of
[01:24:11.780 --> 01:24:17.540]  civil procedure that's what the feds met when they said that all cases are
[01:24:17.540 --> 01:24:26.340]  civil no I think I remember that notion yeah so there it's a criminal is civil
[01:24:26.340 --> 01:24:34.220]  because this is the only kind of cases we've got it's just a subset of civil so
[01:24:34.220 --> 01:24:39.980]  you're good sounds a little confusing but I didn't input the case law but yeah
[01:24:39.980 --> 01:24:45.940]  but the heat this prosecutor he sit there and mumbled all around the
[01:24:45.940 --> 01:24:50.940]  jurisdiction of the court and all in the title of the motion I explained of how
[01:24:50.940 --> 01:24:57.300]  this car is illegal because the statute say that it is and he was on patrol he
[01:24:57.300 --> 01:25:01.060]  was not conducting activities of a confidential nature he was not conducting
[01:25:01.060 --> 01:25:05.860]  interstellar any investigations he was uniformed in an unmarked car he wants
[01:25:05.860 --> 01:25:09.500]  they call it when they call it semi-marker I don't understand difference
[01:25:09.500 --> 01:25:14.940]  even to this day but that's their own legal language whatever and this judge
[01:25:14.940 --> 01:25:19.940]  just completely ignored it he just went like okay did you file criminal charges
[01:25:19.940 --> 01:25:26.300]  against the judge I really want to so bad because he seems to be ignorant here's
[01:25:26.300 --> 01:25:33.860]  how you get there the judge has a duty to determine the facts in accordance with
[01:25:33.860 --> 01:25:39.380]  the rules of evidence then apply the law as it comes to him to the facts in the
[01:25:39.380 --> 01:25:46.340]  case and that goes to due process due process is something you have a right
[01:25:46.340 --> 01:25:52.140]  to so the judge fails to perform a duty he was required to perform and in the
[01:25:52.140 --> 01:25:56.300]  process denied you in the full and free access to or enjoyment of right that's
[01:25:56.300 --> 01:26:02.900]  official misconduct state of Arizona in tech in Texas it's official
[01:26:02.900 --> 01:26:08.660]  oppression but in Arizona if I remember right it's official misconduct so
[01:26:08.660 --> 01:26:14.260]  charging with it this is what you know the judges say well well if you don't
[01:26:14.260 --> 01:26:17.940]  like my ruling where you can always appeal it and this has always been a
[01:26:17.940 --> 01:26:25.140]  thorn in my side I hate when they do that if the judge fails to perform a
[01:26:25.140 --> 01:26:30.820]  duty he's required to perform that's a crime just because the judge does it
[01:26:30.820 --> 01:26:37.940]  doesn't make it not a crime so yes we can appeal to a court of appeals we can
[01:26:37.940 --> 01:26:43.300]  also appeal to a grand jury of our peers and see how that works for the judge
[01:26:43.300 --> 01:26:49.700]  and then you then you get to start the routine with the prosecutor in this part
[01:26:49.700 --> 01:26:55.380]  this is the fun part you know having to defend yourself in this case that can be
[01:26:55.380 --> 01:27:02.540]  on or us but when you start pulling the tar baby routine on them oh that's the
[01:27:02.540 --> 01:27:13.140]  fun part do you go to the another like this is a county court judge so you go
[01:27:13.140 --> 01:27:17.980]  to the district court judge and say judge I got this little tar baby here you
[01:27:17.980 --> 01:27:23.420]  want to touch it here go ahead touch it refuse to take my criminal complaints
[01:27:23.420 --> 01:27:30.860]  against this county judge and we'll see how this works for you as you take that
[01:27:30.860 --> 01:27:34.060]  straight to the district attorney and get the district attorney to touch your
[01:27:34.060 --> 01:27:37.780]  complaint against the district judge and when you start filing against the
[01:27:37.780 --> 01:27:44.420]  district judge because of what the county judge did the district judge is
[01:27:44.420 --> 01:27:50.660]  going to be furious now while the municipal court judge and a minister
[01:27:50.660 --> 01:27:56.660]  prosecutor and they're appointed they don't have any real politics involved
[01:27:56.660 --> 01:28:02.740]  but the higher you higher you go up in the food chain the greater the
[01:28:02.740 --> 01:28:10.860]  political importance is and at the district court level is he's got a lot
[01:28:10.860 --> 01:28:16.820]  of people that want his job and when you you start filing criminal charges
[01:28:16.820 --> 01:28:22.980]  against him because he protected a county judge for doing something stupid he
[01:28:22.980 --> 01:28:30.100]  is not going to be a happy camper you start creating politics and what one
[01:28:30.100 --> 01:28:36.140]  other thing that happens when you file against the district judge okay this is
[01:28:36.140 --> 01:28:46.020]  dirty rotten and low down and that's why I like it so much if any officer after
[01:28:46.020 --> 01:28:52.420]  you filed against the district judge says anything to you that you can in any
[01:28:52.420 --> 01:28:59.580]  way take as a threat or if you just get pulled over again you can accuse the
[01:28:59.580 --> 01:29:07.820]  district judge of sending that officer out to harass you if the district judge
[01:29:07.820 --> 01:29:15.020]  is totally innocent so much the better because when you file against the
[01:29:15.020 --> 01:29:21.060]  district judge accusing him of harassment and conspiracy because he sent
[01:29:21.060 --> 01:29:28.500]  this officer out to harass you he's going to go ballistic and the police are
[01:29:28.500 --> 01:29:33.940]  terrified of these judges you wouldn't be able to tie up one of those cops and
[01:29:33.940 --> 01:29:41.220]  throw them on you after that hang on got to go to break Randy Kelton we live on
[01:29:41.220 --> 01:29:48.740]  radio our call in number 512 646 1984 Joe Texas Jeff Mississippi I see there
[01:29:48.740 --> 01:29:55.580]  we'll try to get to everybody so hang on we'll be right back
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[01:33:33.500 --> 01:33:43.980]  okay we are back Randy Kelton with our radio and Ramadan it really seems like
[01:33:43.980 --> 01:33:50.820]  you pretty well got it together here. Well I've been listening to you and Eddie
[01:33:50.820 --> 01:33:55.220]  I'm listening to you as much as I can I've even watched all the old archives
[01:33:55.220 --> 01:34:02.620]  on the podcast I'm watching no we're listening to the the old YouTube video
[01:34:02.620 --> 01:34:09.820]  video posts almost I think every day or every other day so but a lot of the
[01:34:09.820 --> 01:34:13.780]  stuff happened actually when I was unprepared so I just got lucky with him
[01:34:13.780 --> 01:34:19.380]  pulling me over in an unmarked car I know you got to call her so I'll let you
[01:34:19.380 --> 01:34:25.620]  get to them but I appreciate your I just want to know if this sounds okay so
[01:34:25.620 --> 01:34:31.820]  basically in this response memo he wrote about 10 pages of BS saying that you
[01:34:31.820 --> 01:34:35.540]  know the evidence should never be overlooked that he has a suspended
[01:34:35.540 --> 01:34:39.260]  license and he failed to obey a police officer when he was on I was told to get
[01:34:39.260 --> 01:34:43.700]  out of the car. Yeah they wrote me over under a city
[01:34:43.700 --> 01:34:54.500]  ordinance but yeah I just want to let you know where I was in my appeal I should
[01:34:54.500 --> 01:34:58.580]  he had a ruling back from the Superior Court I don't know how long that take
[01:34:58.580 --> 01:35:06.460]  it could take months maybe we two or three months probably oh wow okay this
[01:35:06.460 --> 01:35:11.260]  the longer it takes the better because that means they're dancing trying to
[01:35:11.260 --> 01:35:27.460]  figure a way around this okay understand everything's political there's a movie I
[01:35:27.460 --> 01:35:33.260]  like to reference on this subject do you remember the movie miracle on 54th
[01:35:33.260 --> 01:35:40.300]  Street I remember it but I've never seen it though it's a Christmas movie where
[01:35:40.300 --> 01:35:46.860]  this guy is claims he's Santa Claus he works from his Santa Claus for Macy's
[01:35:46.860 --> 01:35:54.060]  and he helps this little girl and they he claims he really is Santa Claus so
[01:35:54.060 --> 01:36:02.140]  they they have him tried for competency and the judge is in a quandary because he
[01:36:02.140 --> 01:36:06.180]  doesn't want to rule against Santa Claus and he's trying to find a way not to
[01:36:06.180 --> 01:36:12.300]  that doesn't have anything to do with the law or the facts and he's got this
[01:36:12.300 --> 01:36:18.180]  political advisor that's always whispering in his ear and the hero the
[01:36:18.180 --> 01:36:23.180]  law the little girl's father's a lawyer and he gets this great idea he calls the
[01:36:23.180 --> 01:36:28.060]  the post office and said don't you guys have a lot of letters to Santa Claus what
[01:36:28.060 --> 01:36:31.820]  do you do with him we put him in the dead letter file we've got a here guy here
[01:36:31.820 --> 01:36:37.040]  who claims he's Santa Claus you could get rid of all of those and the post office
[01:36:37.040 --> 01:36:41.580]  said wonderful and they send them all to him so he brings them into court and
[01:36:41.580 --> 01:36:47.060]  dumps them in the court and the judge is trying to figure out what to do the
[01:36:47.060 --> 01:36:52.540]  political advisor tells him if you rule against Santa Claus you'll never get
[01:36:52.540 --> 01:36:59.220]  elected again he rules that he is Santa Claus had nothing to do with the law
[01:36:59.220 --> 01:37:07.980]  had everything to do with politics it's always been political so now it's time
[01:37:07.980 --> 01:37:13.380]  for you to start having fun file criminally against that county court
[01:37:13.380 --> 01:37:22.100]  judge I bet he won't see that coming and you file it with you know the way I
[01:37:22.100 --> 01:37:27.460]  read all of the codes criminal complaints are always directed to a
[01:37:27.460 --> 01:37:36.740]  magistrate now in Texas the law authorizes a prosecuting attorney to
[01:37:36.740 --> 01:37:42.820]  accept a criminal complaint but he's directed to forward it to a magistrate
[01:37:42.820 --> 01:37:47.500]  so you take a criminal complaint to a magistrate that's what they're put in
[01:37:47.500 --> 01:37:52.140]  place for that's why every judge is called a magistrate as well so that they
[01:37:52.140 --> 01:37:55.700]  can take criminal complaints if a policeman has reason to believe that a
[01:37:55.700 --> 01:37:59.260]  felony or something's been committed and they want to go arrest a guy he goes to
[01:37:59.260 --> 01:38:03.500]  a magistrate you don't go with the prosecutor and a magistrate holds an
[01:38:03.500 --> 01:38:09.620]  examining trial makes a determination of probable causes he's warrant so you do
[01:38:09.620 --> 01:38:14.900]  the same thing you take a criminal complaint to the magistrate and ask him
[01:38:14.900 --> 01:38:24.700]  to issue a warrant then when he refuses oh yeah that'll work we see how that
[01:38:24.700 --> 01:38:31.140]  works out for you then you go to the prosecutor against the judge oh and
[01:38:31.140 --> 01:38:38.140]  that's when you get all the phones in the district ringing off the hook and you
[01:38:38.140 --> 01:38:47.940]  will wind up being put on this list like I'm on in Texas do not detain I had a
[01:38:47.940 --> 01:38:53.700]  sheriff deputy pull me over one time and the 70 and a 60 pulling a big 30 foot
[01:38:53.700 --> 01:38:58.900]  gooseneck with no plates on the gooseneck my plates on my car were
[01:38:58.900 --> 01:39:04.300]  expired and the cop gave me a warning told me to slow down get those plates
[01:39:04.300 --> 01:39:09.660]  taken care of I thought that was cool next day I go across the street to the
[01:39:09.660 --> 01:39:16.660]  local pit stop to have coffee Bobby Jack crews always listen to the scanner he
[01:39:16.660 --> 01:39:20.740]  said would you do that sheriff's deputy yesterday didn't do anything to him why
[01:39:20.740 --> 01:39:25.740]  he said well he called in your name and the dispatcher said don't you dare give
[01:39:25.740 --> 01:39:38.780]  that SOB no ticket what I'm on that list oh once you stung them good
[01:39:38.780 --> 01:39:48.780]  list you'll get on that list so it's worth it did they need to feel like they
[01:39:48.780 --> 01:39:55.540]  are vulnerable to you and you're in a unique position because you've got it
[01:39:55.540 --> 01:40:00.860]  got them in a position to where they acted improperly and they know full
[01:40:00.860 --> 01:40:07.220]  well they did so judicial conduct complaint the judge criminal complaint
[01:40:07.220 --> 01:40:13.540]  against the judge bar grieve the prosecutor look in the American Bar
[01:40:13.540 --> 01:40:21.540]  Association standards for the prosecutorial function I have I have yet
[01:40:21.540 --> 01:40:30.100]  to meet a prosecutor who's read it but in there it's not it's not very large at
[01:40:30.100 --> 01:40:37.180]  all in there a prosecutor is required to give the judge a notice if the judge is
[01:40:37.180 --> 01:40:45.140]  not acting in accordance with law so you bar grieve the lawyer the prosecutor
[01:40:45.140 --> 01:40:49.780]  for that you file a judicial conduct complaint against the judge and then you
[01:40:49.780 --> 01:40:55.500]  file criminal charges against the judge and you should file a criminal
[01:40:55.500 --> 01:41:01.380]  conspiracy to commit against the prosecutor they know they can't be sued
[01:41:01.380 --> 01:41:08.340]  for their bad behavior in there there's nothing protecting them from criminal
[01:41:08.340 --> 01:41:14.860]  prosecution and if the prosecutor asks the judge to do something that is
[01:41:14.860 --> 01:41:21.780]  illegal that's criminal conspiracy to commit an act that would have the effect
[01:41:21.780 --> 01:41:27.540]  of denying you in the due course of the laws that's official misconduct so they
[01:41:27.540 --> 01:41:33.980]  conspired to commit official misconduct see what is jury grand jury thinks of
[01:41:33.980 --> 01:41:42.300]  that this is interesting I'm learning you may never get to a grand jury but
[01:41:42.300 --> 01:41:48.300]  you'll have them hopping up and down they will not be jumping like toast out
[01:41:48.300 --> 01:41:54.060]  of a toaster okay I need to move on we've got two more callers and we're
[01:41:54.060 --> 01:41:59.180]  running out of time but keep us up to date understand oh I most certainly will
[01:41:59.180 --> 01:42:04.940]  miss captain thank you so much for your guidance and you just went high up there
[01:42:04.940 --> 01:42:09.940]  on my list this is the reason we do this show is to cultivate people just like
[01:42:09.940 --> 01:42:17.700]  you so thank you now thank you okay okay now we're going to Joe in Texas
[01:42:17.700 --> 01:42:25.700]  hello Joe hi Randy how do you question a couple of questions I'm attempted to
[01:42:25.700 --> 01:42:29.940]  help an illegal alien that was represented by an attorney for the
[01:42:29.940 --> 01:42:36.660]  worst case and apparently she paid him $3,700 and he had he did no service to
[01:42:36.660 --> 01:42:41.500]  her so wonderful now practice suit against the lawyer first thing you do
[01:42:41.500 --> 01:42:47.900]  is file a bar grievance against the lawyer lost reason okay yeah and then
[01:42:47.900 --> 01:42:56.940]  you send the lawyer a tort letter what a tort letter a tort letter yeah a tort
[01:42:56.940 --> 01:43:08.180]  letter okay we're a in effect a tort letter is under contract law amounts to
[01:43:08.180 --> 01:43:13.900]  notice an opportunity generally it's called a tort letter but in this case
[01:43:13.900 --> 01:43:22.900]  the lawyer is not guilty of a tort he's guilty of a contractual violation but
[01:43:22.900 --> 01:43:26.660]  they call it a tort letter it's merely notice an opportunity you give him
[01:43:26.660 --> 01:43:33.900]  notice that that he failed to perform his duty under the contract for
[01:43:33.900 --> 01:43:41.340]  representation and this woman has been harmed by thereby and make her whole
[01:43:41.340 --> 01:43:52.340]  to be be sued okay I'm gonna go to tamper to you when I come back okay he's
[01:43:52.340 --> 01:43:56.860]  an illegal alien she made me terrified but when I come back I'll show you how
[01:43:56.860 --> 01:44:05.340]  to get around that Randy Kelton radio it builds muscle burns fat improves
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[01:46:24.740 --> 01:46:39.420]  okay we are back Randy Kelton rule of law radio and we're talking to Joe in
[01:46:39.420 --> 01:46:43.820]  Texas you're trying to help an illegal alien okay legal alien right now with
[01:46:43.820 --> 01:46:50.620]  Trump and it's likely to be afraid to try to defend herself and that's
[01:46:50.620 --> 01:46:57.100]  probably what the lawyers counting on he can steal anything he wants to from
[01:46:57.100 --> 01:47:00.540]  her there's nothing she can do about it well in Texas
[01:47:00.540 --> 01:47:08.620]  chapter T is legal chapter T is where let's say you get in an auto accident and
[01:47:08.620 --> 01:47:19.660]  you're injured but you're incapacitated you're and you just don't have it in you
[01:47:19.660 --> 01:47:29.300]  to fight the case I can buy your claim from you and then I can fight the case so
[01:47:29.300 --> 01:47:38.020]  if you're trying to help this person get her to transfer her claim to you but you
[01:47:38.020 --> 01:47:43.940]  can still have a backside contract that says if you win anything in the claim
[01:47:43.940 --> 01:47:48.780]  then it goes back you can you give that back to her but that's a private contract
[01:47:48.780 --> 01:47:57.660]  you write a public contract where she quit claims her claim in this issue to
[01:47:57.660 --> 01:48:04.340]  you now under chapter T you have standing to adjudicate the issue does that
[01:48:04.340 --> 01:48:14.020]  make sense oh for some reason I can't hear you and I think it has to do with
[01:48:14.020 --> 01:48:21.060]  the fact that I didn't unmute you okay try that again Joe can you repeat that
[01:48:21.060 --> 01:48:29.900]  yeah chapter T most states in most states chapter T is illegal but not in
[01:48:29.900 --> 01:48:36.740]  Texas a person who has a legal claim can transfer that claim to someone else
[01:48:36.740 --> 01:48:43.700]  and that third party can then adjudicate the claim okay so where you have an
[01:48:43.700 --> 01:48:51.980]  illegal alien who may be afraid to try to address her rights in this matter if
[01:48:51.980 --> 01:48:56.260]  you want to help her you can take you she can have a transfer the claim to you
[01:48:56.260 --> 01:49:02.260]  and then you can adjudicate the claim for her okay well let me ask you this is
[01:49:02.260 --> 01:49:11.420]  in the jurisdiction they tell remote those papers to file the dollar wait no
[01:49:11.420 --> 01:49:16.980]  this has nothing to do with jurisdiction oh it's not so so if I need help
[01:49:16.980 --> 01:49:27.940]  who do I need to go to if okay you would need to it's just you once the other
[01:49:27.940 --> 01:49:34.700]  person assigns the claim to you then you can address the claim as if the harm
[01:49:34.700 --> 01:49:44.500]  was done to you directly okay so then you can go to the lawyer are you legal
[01:49:46.060 --> 01:49:50.500]  because if you're not legal you're in the same position she is if you have
[01:49:50.500 --> 01:49:59.980]  someone who is legal who would take the claim then they can go after her and not
[01:49:59.980 --> 01:50:09.300]  have to worry about any immigration problems mm-hmm yes I'm legal okay then
[01:50:09.300 --> 01:50:16.140]  you could do this once it's in your name and you file a bar grievance against the
[01:50:16.140 --> 01:50:22.740]  lawyer first and then send the lawyer a tort letter almost certainly the bar
[01:50:22.740 --> 01:50:30.780]  when they get ahold of it they will make the lawyer pay the retainer back did the
[01:50:30.780 --> 01:50:40.380]  lawyer cause her loss because he failed to adjudicate her case yeah okay the
[01:50:40.380 --> 01:50:44.820]  reason I say that is is you can sue the lawyer for whatever you would have
[01:50:44.820 --> 01:50:51.060]  expected to win so beyond the retainer that the lawyer gave you you can sue
[01:50:51.060 --> 01:50:58.140]  for the retainer and for any harm that was caused and here's the problem the
[01:50:58.140 --> 01:51:06.060]  lawyer has once you sue it or if you give him notice of your intent to sue
[01:51:06.060 --> 01:51:11.180]  he's gonna have to hire another lawyer to represent him and that lawyers go to
[01:51:11.180 --> 01:51:18.260]  one I probably a ten thousand dollar retainer on a malpractice suit so even
[01:51:18.260 --> 01:51:23.660]  if the lawyer wins he loses all this money that he had to pay the other
[01:51:23.660 --> 01:51:29.580]  lawyer to represent him because he can't represent himself he can but generally
[01:51:29.580 --> 01:51:36.100]  they don't do I have to hire somebody represent me then if I get the no you
[01:51:36.100 --> 01:51:45.700]  can do that yourself myself yeah how do I get the information read the code
[01:51:45.700 --> 01:51:50.860]  listen to this program on a regular basis we'll bring you up to speed but it's
[01:51:50.860 --> 01:52:02.740]  not something I can just give you quickly okay okay hold on on the front end
[01:52:02.740 --> 01:52:09.980]  here this is really not about law it's about politics it's about bargaining
[01:52:09.980 --> 01:52:16.380]  and negotiation and the reason I suggested champerty is not so that you
[01:52:16.380 --> 01:52:22.300]  would actually sue them but so that the lawyer is now facing someone who can
[01:52:22.300 --> 01:52:28.860]  sue him with the illegal immigrant he don't have to worry about them trying
[01:52:28.860 --> 01:52:33.700]  to sue because he just turned over immigration but if you get someone
[01:52:33.700 --> 01:52:39.300]  under champerty who's not an illegal immigrant he can't turn you over to
[01:52:39.300 --> 01:52:45.820]  anybody so now he's looking at having to deal with the issue very likely he
[01:52:45.820 --> 01:52:50.820]  will come to the table and make a deal or his insurance company will come to the
[01:52:50.820 --> 01:52:58.900]  table and make a deal another question what happens do you think I'd approach
[01:52:58.900 --> 01:53:05.500]  him first with with the client before I start this and do like a mediation that's
[01:53:05.500 --> 01:53:12.340]  exactly what I'm talking about is you try to meet you you take over the case and
[01:53:12.340 --> 01:53:16.860]  then you send a letter to the lawyers and this is what we want you to do you
[01:53:16.860 --> 01:53:21.940]  harmed us this much make us hold or be sued and he's going to object to that
[01:53:21.940 --> 01:53:28.980]  and say well then before we file a suit I'd like to sit down and let's see if we
[01:53:28.980 --> 01:53:36.060]  can't work out a solution the courts do not want you to use the courts as the
[01:53:36.060 --> 01:53:41.340]  remedy of first resort they want you to use the courts as a remedy of last
[01:53:41.340 --> 01:53:46.340]  resort so you tell the lawyer you need to be able to go to the court and tell
[01:53:46.340 --> 01:53:55.100]  the court that you tried to adjudicate this issue outside the court so mr. lawyer
[01:53:55.100 --> 01:54:03.660]  I'm coming to you to try to come to an agreement outside the court so make it
[01:54:03.660 --> 01:54:11.060]  make an offer I want $20,000 and I'll drop this whole issue and he's gonna
[01:54:11.060 --> 01:54:15.860]  oh absolutely not I'll give you two and then see if you can come to an agreement
[01:54:15.860 --> 01:54:21.700]  if you can't then you file suit and when you file suit first thing you do is
[01:54:21.700 --> 01:54:28.500]  ask the judge to order mediation order the order the lawyer to come to the
[01:54:28.500 --> 01:54:33.340]  table and then when the lawyer refused to mediate in good faith he moved for
[01:54:33.340 --> 01:54:38.300]  sanctions against him and filed another bar grievance against him first first
[01:54:38.300 --> 01:54:43.820]  bar grievance against that lawyer cost him about 25 grand a year second one
[01:54:43.820 --> 01:54:52.820]  he'll get his malpractice insurance cancelled okay that's dirty rotten and
[01:54:52.820 --> 01:54:59.940]  low-down thing to do to a lawyer that life is tough deal with it once the
[01:54:59.940 --> 01:55:04.860]  lawyer knows you know how to hurt him then good chance you'll come to the
[01:55:04.860 --> 01:55:09.980]  table before I do this cannot approach him before I follow these papers with a
[01:55:09.980 --> 01:55:17.940]  client oh yeah yeah that's a whole idea you just tell him that have have this
[01:55:17.940 --> 01:55:22.580]  woman assigned write up a document say that I assigned my claim in this matter
[01:55:22.580 --> 01:55:27.700]  to you and you go to the letter lawyer and say I have this quick claim from the
[01:55:27.700 --> 01:55:36.460]  other person and I'm here under champerty C-H-A-M-P-E-R-T-Y the lawyers
[01:55:36.460 --> 01:55:43.780]  probably gonna have to look it up it's nice if you to throw a term at him he
[01:55:43.780 --> 01:55:49.940]  doesn't know and when he looks it up holy mackerel now you have you have
[01:55:49.940 --> 01:55:55.660]  standing to stand in her place now he's got a problem and then say let's make a
[01:55:55.660 --> 01:56:02.660]  deal make this woman hold we'll go we leave you alone and you want to quote
[01:56:02.660 --> 01:56:06.940]  the American Bar Association standards you don't have to quote a specific
[01:56:06.940 --> 01:56:12.580]  standard but say that we just need you to comply with the American Bar
[01:56:12.580 --> 01:56:18.020]  Association standards and that's fair warning that you're about to file a bar
[01:56:18.020 --> 01:56:24.260]  grievance against him and that'll cost him 25 grand a year now you got his
[01:56:24.260 --> 01:56:30.860]  attention and you've given him fair warning and opportunity odds are if you
[01:56:30.860 --> 01:56:36.140]  do this right you'll never have to go to court you'll never have to file anything
[01:56:36.140 --> 01:56:43.020]  okay I need to go I've got we're in our last segment and I've got Jeff from
[01:56:43.020 --> 01:56:47.500]  Mississippi's generally pretty fast if you have more questions Joe call in
[01:56:47.500 --> 01:56:52.300]  tomorrow night we have a four-hour show okay thank you okay thank you now we're
[01:56:52.300 --> 01:56:55.980]  going to Jeff and Mississippi Jeff I'm sorry we've got a couple minutes left
[01:56:55.980 --> 01:57:01.900]  what do you have for us okay I got a quick question got a way scale ticket in
[01:57:01.900 --> 01:57:09.660]  Missouri we talked about that last week and I'm going to do a T-close complaint
[01:57:09.660 --> 01:57:16.860]  against the highway patrol the people that ran the scale house however T-close
[01:57:16.860 --> 01:57:23.180]  Texas Commission of law enforcement professional conduct complaint Missouri
[01:57:23.180 --> 01:57:29.140]  doesn't have that okay okay on the internet was miss Missouri highway
[01:57:29.140 --> 01:57:38.500]  patrol complaints okay who is what is the agency that issues licenses to peace
[01:57:38.500 --> 01:57:45.500]  officers in Missouri I don't know I never thought okay that's who you look for
[01:57:45.500 --> 01:57:50.620]  that's what T-close is in Texas they license peace officers Missouri is
[01:57:50.620 --> 01:57:57.100]  going to have a agency that licenses peace officers who runs the police
[01:57:57.100 --> 01:58:03.860]  Academy what agency okay never thought okay I'll get on it I'll call you next
[01:58:03.860 --> 01:58:11.260]  week okay thank you Jeff this is Randy Kelton Deborah Stevens rule of law
[01:58:11.260 --> 01:58:19.060]  radio and we do have our we're finishing up our drawing we'll do the drawing the
[01:58:19.060 --> 01:58:24.340]  time limit will end Monday so if you want to get in on the drawing go to
[01:58:24.340 --> 01:58:29.500]  logos radio network for every $25 you you spend on products from logos you'll
[01:58:29.500 --> 01:58:35.860]  get a chance in the drawing or any donation of $25 will get you a chance
[01:58:35.860 --> 01:58:40.780]  in the drawing even if you donate to Randy's beer fund they could really use
[01:58:40.780 --> 01:58:45.220]  some donations this is ready Kelton Deborah Stevens we'll be back tomorrow
[01:58:45.220 --> 01:58:52.500]  night thank you for listening and good night Bibles for America is offering
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