ROL_2017-12-08_16k_Hr1-2.timecode

[00:11.600 --> 00:18.520]  at $16.89 an ounce, Texas crude at $57.99 a barrel, Bitcoin broke $10,000 and is sitting
[00:18.520 --> 00:31.080]  at $10,278, and Dashcoin is sitting at about $643.00.
[00:31.080 --> 00:37.200]  Today in history, the year 1963, US President Lyndon B. Johnson establishes the Warren Commission
[00:37.200 --> 00:40.560]  to investigate the assassination of President John F. Kennedy.
[00:40.560 --> 00:43.880]  Today in history.
[00:43.880 --> 00:48.420]  In recent news, Trump appointed FCC Chairman Ajit Pai has been in the headlines lately
[00:48.420 --> 00:52.400]  with the Trump's administration's decision to scrap Obama's net neutrality regulations.
[00:52.400 --> 00:57.400]  Regulations, i.e. powers, government bureaucrats tout the absolutely need in order to keep
[00:57.400 --> 01:02.560]  internet content equally accessible to all consumers regardless of provider preferences.
[01:02.560 --> 01:05.960]  It seems many in Washington and many of those who report on such matters have failed to
[01:05.960 --> 01:11.080]  take note of one simple economic reality, that is that the ISPs who decided to artificially
[01:11.080 --> 01:16.260]  block or slow down certain website traffic would lose business to providers who didn't
[01:16.260 --> 01:20.000]  and given exclusive treatment to some sites in exchange for payment is not only a standard
[01:20.000 --> 01:24.400]  business model but only makes sense considering the flow of given sites.
[01:24.400 --> 01:29.120]  Not to mention we don't recall what widespread content was being censored before the enforcement
[01:29.120 --> 01:33.480]  of the oh-so-benevolently sounding net neutrality regulation.
[01:33.480 --> 01:38.000]  During a speech at a R Street Institute event, Pai stated that, quote, when it comes to a
[01:38.000 --> 01:42.780]  free and open internet, Twitter is part of the problem and that the company has a viewpoint
[01:42.780 --> 01:45.280]  that it uses that viewpoint to discriminate.
[01:45.280 --> 01:49.280]  Similar sentiments were stated towards the many online giants who support net neutrality
[01:49.280 --> 01:53.280]  stating that, quote, they may cloak their advocacy and public interests but the real
[01:53.280 --> 01:58.220]  interest of these internet giants is in using the regulatory process to cement their dominance
[01:58.220 --> 02:00.320]  in the internet economy.
[02:00.320 --> 02:04.920]  Only intensive research and an evaluation of incentives will reveal whether net neutrality
[02:04.920 --> 02:09.120]  is a crony takeover or not.
[02:09.120 --> 02:12.400]  The Holcomb family who lost eight members including a woman who was pregnant in the
[02:12.400 --> 02:16.800]  mass church shooting in First Baptist Church in Sutherland Springs, Texas, has filed a
[02:16.800 --> 02:21.160]  wrongful death claim against the U.S. military claiming that the Air Force's negligence
[02:21.160 --> 02:24.200]  led to the gunman being able to acquire his weapons.
[02:24.200 --> 02:28.760]  The Air Force did admit that findings by its inspector general confirmed that proper personnel
[02:28.760 --> 02:33.200]  at home and Air Force base did not report lawfully required information to civilian
[02:33.200 --> 02:38.240]  law enforcement in regards to the perpetrator's domestic violence case, a case that if reported
[02:38.240 --> 02:41.760]  would have barred him from potentially buying firearms.
[02:41.760 --> 02:45.440]  The Lone Star Lowdown is currently looking for sponsors so you'll probably throw a
[02:45.440 --> 02:47.440]  service job to advertise with us.
[02:47.440 --> 02:52.880]  Feel free to get any call at 210-363-2257.
[02:52.880 --> 03:22.480]  This was Brooke Rohde with your Lowdown for November 29, 2017.
[03:22.880 --> 03:52.480]  Thanks for joining us, and we'll see you next time.
[03:52.880 --> 03:59.040]  Okay, howdy, howdy.
[03:59.040 --> 04:07.400]  This is Randy Kelton, Rule of Law Radio, on this, the eighth day of December 2017 for
[04:07.400 --> 04:11.480]  our four-hour info marathon.
[04:11.480 --> 04:16.640]  Our call-in number, 512-646-1984.
[04:16.640 --> 04:20.640]  We will have the call lines open all night.
[04:20.640 --> 04:24.400]  I'm opening... Okay, caller board is on.
[04:24.400 --> 04:29.920]  If you have any questions or comments, give us a call.
[04:29.920 --> 04:33.400]  I'm running the boards and everything, so I'm getting a little distracted here.
[04:33.400 --> 04:38.680]  Okay, we're going to start out going to... We've got callers already.
[04:38.680 --> 04:45.160]  Before I go to callers, I did want to speak to the electronic paralegal.
[04:45.160 --> 04:53.800]  I used to call it an electronic lawyer, but I think electronic paralegal is more appropriate.
[04:53.800 --> 05:01.840]  I do have the software up and in place and working.
[05:01.840 --> 05:11.960]  In fact, it's better than I had expected, so to say that I'm excited is an understatement.
[05:11.960 --> 05:19.280]  Ten years of research and design and trying to figure this thing out is finally coming
[05:19.280 --> 05:28.960]  together in an actual product that now I'm in the process of loading content into it.
[05:28.960 --> 05:39.600]  The whole point of it is content, and the software is such that we can constantly load
[05:39.600 --> 05:43.080]  new content into it.
[05:43.080 --> 05:49.280]  Before long, we will have a tool that will have the effect of eliminating the profession
[05:49.280 --> 05:53.160]  of lawyer and get lawyers to pay us to do it.
[05:53.160 --> 05:58.240]  I know if you've been listening to this show a long time, you've heard me talk about this
[05:58.240 --> 06:04.600]  for a very long time, and I'm sure most everybody's got tired of hearing about me saying how it's
[06:04.600 --> 06:05.600]  coming, it's coming.
[06:05.600 --> 06:07.240]  Well, it's here now.
[06:07.240 --> 06:09.560]  We have it up and working.
[06:09.560 --> 06:18.720]  Just a matter of putting in the content for each of the different areas of legal specialization,
[06:18.720 --> 06:25.080]  and we will start bringing on questionnaires one at a time that will address all manner
[06:25.080 --> 06:29.040]  of different legal issues.
[06:29.040 --> 06:37.160]  We will eventually have this thing loaded enough that it will literally become a neural
[06:37.160 --> 06:39.120]  net.
[06:39.120 --> 06:45.200]  We will have all of the codes in here and have them all linked together where a particular
[06:45.200 --> 06:48.480]  code is indicated.
[06:48.480 --> 06:53.040]  We do have a lot of callers already.
[06:53.040 --> 06:54.400]  We're going to go to the caller boards.
[06:54.400 --> 06:56.880]  We're going to go to Joe in Texas.
[06:56.880 --> 06:58.160]  Hello, Joe.
[06:58.160 --> 06:59.880]  What do you have for us today?
[06:59.880 --> 07:00.880]  Hi, Randy.
[07:00.880 --> 07:05.640]  I have talked to you several times about this lady.
[07:05.640 --> 07:12.720]  I'm helping this force an illegal because of the attorney, the chaperonee, you know.
[07:12.720 --> 07:14.720]  Yes.
[07:14.720 --> 07:17.160]  Did you get a quick claim from her?
[07:17.160 --> 07:21.120]  I haven't yet, but I was going to go on this.
[07:21.120 --> 07:27.060]  Lady read the document in Spanish, and what seems to happen is that the adult lawyer has
[07:27.060 --> 07:34.400]  protected himself, like, in other words, protection from her, if the case thing works, she goes
[07:34.400 --> 07:41.440]  to another attorney, and he's saying that he's no longer, you know, obligated to her.
[07:41.440 --> 07:44.160]  Well, that's different.
[07:44.160 --> 07:47.040]  Don't care what he said.
[07:47.040 --> 07:56.680]  If she went to him and he failed to adequately adjudicate her case, then he's liable to
[07:56.680 --> 07:57.680]  do that.
[07:57.680 --> 08:05.480]  The fact that she has to go to another attorney, go ahead.
[08:05.480 --> 08:09.320]  Even though she signed, you see part of the agreement, she signed it, and he didn't sign
[08:09.320 --> 08:13.400]  it, and then she signed it, and he didn't sign it.
[08:13.400 --> 08:16.920]  Here's the deal.
[08:16.920 --> 08:25.160]  If a contract has a provision in it that does not benefit both parties, that provision is
[08:25.160 --> 08:34.040]  true to be unconscionable and is unenforceable.
[08:34.040 --> 08:41.000]  Him saying that if she secures other counsel, he's no longer responsible, he's just simply
[08:41.000 --> 08:47.360]  no longer responsible for adjudicating her case from that point forward.
[08:47.360 --> 08:55.960]  That does not waive his responsibility for what he should have done up to this point.
[08:55.960 --> 08:56.960]  Okay.
[08:56.960 --> 08:58.960]  Well, then that's what I want to hear, you know.
[08:58.960 --> 09:05.880]  So I'm going to go ahead and do the quick claim and address that.
[09:05.880 --> 09:13.280]  And go after him for what he didn't do up to this point.
[09:13.280 --> 09:14.280]  Okay.
[09:14.280 --> 09:15.280]  Okay.
[09:15.280 --> 09:22.640]  Okay, hang on, I've got someone that's in jail, and he doesn't have much time.
[09:22.640 --> 09:25.680]  If you hang on right there, I'll come back to you.
[09:25.680 --> 09:29.160]  Let me take Olivier, and then we will come right back.
[09:29.160 --> 09:30.760]  Hello, Olivier.
[09:30.760 --> 09:34.280]  Hey, how you doing, man?
[09:34.280 --> 09:35.280]  Question.
[09:35.280 --> 09:44.200]  I've been finding these cases basically referring that automobiles are not vehicles.
[09:44.200 --> 09:52.280]  They're considering them consumer goods, household items.
[09:52.280 --> 09:57.840]  That basically, hey, I've been finding cases that are saying that automobiles have the
[09:57.840 --> 10:05.400]  same right to use the highways and public streets as other vehicles.
[10:05.400 --> 10:21.720]  That's clearly stating that our automobiles are not in the commercial statute, correct?
[10:21.720 --> 10:25.880]  No, they're not necessarily.
[10:25.880 --> 10:29.440]  They do not necessarily fall within the commercial statute.
[10:29.440 --> 10:37.400]  They can, because your automobile has a commercial license on it.
[10:37.400 --> 10:40.560]  It's required to have a commercial license on it.
[10:40.560 --> 10:47.880]  So it can be commercial, but it is not necessarily commercial.
[10:47.880 --> 10:49.960]  Okay, yeah.
[10:49.960 --> 11:00.560]  So it was saying that it's not categorized to how it's propelled, it's categorized by
[11:00.560 --> 11:01.560]  its use.
[11:01.560 --> 11:02.560]  Exactly.
[11:02.560 --> 11:03.560]  Right.
[11:03.560 --> 11:13.080]  So that means the officers are going to have to testify, or going to have to prove what
[11:13.080 --> 11:22.800]  evidence they have to consider me to be a motor vehicle.
[11:22.800 --> 11:32.880]  The charging instrument would have to contain allegations of elements that would bring the
[11:32.880 --> 11:41.960]  automobile within the commercial statutory scheme.
[11:41.960 --> 11:50.360]  And those assertions, or those allegations, then the automobile is not in commerce.
[11:50.360 --> 11:51.360]  Right.
[11:51.360 --> 11:58.840]  So when the officers are saying that they stopped you because they knew you had a license,
[11:58.840 --> 12:02.560]  that's not proving that you were in commerce.
[12:02.560 --> 12:04.360]  Yeah, objection, relevance.
[12:04.360 --> 12:11.000]  What's the relevance of the fact that you have a suspended license?
[12:11.000 --> 12:18.680]  A suspended license is only relevance if you're acting under the authority of that license.
[12:18.680 --> 12:19.680]  Right.
[12:19.680 --> 12:27.160]  Okay, so I'm making sure I got these statutes correct, because I'm going to move to get
[12:27.160 --> 12:32.000]  this attorney removed, because I got another correction today.
[12:32.000 --> 12:37.640]  I found out that he's been a DA in this town for 20 years, and an attorney for another
[12:37.640 --> 12:38.640]  15.
[12:38.640 --> 12:46.480]  So he's been in this circuit here for probably 35 years.
[12:46.480 --> 12:47.480]  Okay.
[12:47.480 --> 12:59.480]  I don't think he's, it's like one of them old dogs who don't want to learn new tricks.
[12:59.480 --> 13:00.480]  Exactly.
[13:00.480 --> 13:08.560]  Okay, in this case, in Olivia's case, he had an attorney who was actually arguing his issues.
[13:08.560 --> 13:15.400]  And in this, he asked for the, he had the, this attorney in a different case who argued
[13:15.400 --> 13:16.400]  these issues.
[13:16.400 --> 13:21.640]  And in this case, he asked for this particular attorney, and the judge told him that the
[13:21.640 --> 13:28.120]  attorney said that he did not want to represent him in this case, and the judge appointed
[13:28.120 --> 13:29.760]  a different attorney.
[13:29.760 --> 13:35.120]  And now he finds out that the judge lied to him.
[13:35.120 --> 13:38.600]  And the lawyer never told the judge he didn't want to represent Olivier.
[13:38.600 --> 13:45.120]  So he, the judge appointed the lawyer he wanted him to have, the lawyer that he could work
[13:45.120 --> 13:52.440]  with that would conspire with the judge to make sure that Olivier's appeal failed.
[13:52.440 --> 13:59.840]  Am I accurate in that Olivier?
[13:59.840 --> 14:06.360]  You tell all those people back there in the background to hold it down.
[14:06.360 --> 14:07.360]  Okay.
[14:07.360 --> 14:08.360]  Just kidding.
[14:08.360 --> 14:09.360]  It's a lot of...
[14:09.360 --> 14:10.360]  Right.
[14:10.360 --> 14:21.520]  So with all my arguments, I don't even need to bring up, uh, me having Nevada license
[14:21.520 --> 14:30.680]  from another state and everything, because I got six, seven, eight charges of this occurring,
[14:30.680 --> 14:34.960]  and we need to get more case law anyways, right?
[14:34.960 --> 14:39.240]  Yes, but we need all the case law we can get, of course.
[14:39.240 --> 14:45.600]  We also need the judges to be in a position to where they have to follow the case law.
[14:45.600 --> 14:51.840]  And so far the judges don't seem to think they have to follow anything.
[14:51.840 --> 15:00.040]  And I'm in the process of building a document where in every point at which I can demonstrate
[15:00.040 --> 15:08.920]  that the judge failed to apply the law to the facts, I'm charging the judge criminally.
[15:08.920 --> 15:14.240]  Now he may be comfortable having his cases appeal to the court of appeals.
[15:14.240 --> 15:19.640]  Let's see how comfortable he is having his cases appeal to a grand jury of your peers
[15:19.640 --> 15:21.640]  and not his peers.
[15:21.640 --> 15:22.640]  Okay.
[15:22.640 --> 15:28.040]  Do you have another question or comment, Olivier?
[15:28.040 --> 15:29.040]  No.
[15:29.040 --> 15:33.480]  Well, actually, so I just need to get rid of this attorney now.
[15:33.480 --> 15:39.000]  It's safe for me to just get rid of him, do whatever I can to get rid of him and get the
[15:39.000 --> 15:41.000]  one that I want.
[15:41.000 --> 15:42.000]  Absolutely.
[15:42.000 --> 15:46.520]  I would certainly fire the attorney for ineffective assistance of counsel.
[15:46.520 --> 15:51.000]  And I would suggest that you accuse the attorney of conspiring with the judge to deny you due
[15:51.000 --> 15:52.000]  process.
[15:52.000 --> 15:55.000]  Conspiring with the judge to deny you due process.
[15:55.000 --> 15:56.000]  Okay.
[15:56.000 --> 15:59.240]  Just file a motion to remove counsel.
[15:59.240 --> 16:00.240]  Yes.
[16:00.240 --> 16:09.280]  And accuse the judge of lying to you on the record about the position of the counsel of
[16:09.280 --> 16:15.440]  your choice where you requested counsel of choice and the judge lied to you about that
[16:15.440 --> 16:20.880]  counsel so he could appoint this counsel, which would conspire with the judge.
[16:20.880 --> 16:21.880]  Okay.
[16:21.880 --> 16:23.880]  All right.
[16:23.880 --> 16:37.560]  And then if he doesn't do that, I could appeal it to get to the appeal for it.
[16:37.560 --> 16:42.640]  This sounds like something the judge is not going to want in front of the appeals court.
[16:42.640 --> 16:45.520]  All right.
[16:45.520 --> 16:48.740]  And we've got a number of things the judge is not going to want in front of the appeals
[16:48.740 --> 16:51.400]  court showing that he acted inappropriately.
[16:51.400 --> 16:52.400]  Okay.
[16:52.400 --> 16:53.400]  We're going to break.
[16:53.400 --> 17:22.600]  We're going to go on the radio call it number five one two six four six 1984 will be right.
[17:22.600 --> 17:23.600]  Okay.
[17:23.600 --> 17:26.880]  I'm going to throw away these yucky cookies in the trash.
[17:26.880 --> 17:33.080]  I click control shift delete and then scroll down to cookies and clear them.
[17:33.080 --> 17:34.600]  Bye bye yucky cookies.
[17:34.600 --> 17:40.260]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right hand
[17:40.260 --> 17:46.280]  side bookmark the link and I can go to Amazon through this link and order you some yummy
[17:46.280 --> 17:47.280]  new cookies.
[17:47.280 --> 17:49.120]  New cookies for me?
[17:49.120 --> 17:51.120]  Consider it an early Christmas present.
[17:51.120 --> 17:55.920]  And every time I order on Amazon I go through this link and I give a little present to this
[17:55.920 --> 17:57.640]  radio network too.
[17:57.640 --> 17:58.640]  C is for cookie.
[17:58.640 --> 18:01.640]  C is for classified.
[18:01.640 --> 18:08.720]  It's the 2017 Logos Radio Network annual fundraiser sponsored by Central Texas Gunworks.
[18:08.720 --> 18:10.960]  Defense distributed and Fat Sal's Deli.
[18:10.960 --> 18:14.240]  Go to logosradionetwork.com and enter to win.
[18:14.240 --> 18:16.920]  Every $25 donation is a chance to win.
[18:16.920 --> 18:22.680]  From Central Texas Gunworks first place up for grabs a Spikes Tactical AR-15.
[18:22.680 --> 18:26.600]  Second place Taurus PT-111 G2 9mm pistol.
[18:26.600 --> 18:31.000]  From Defense Distributed third place the AR-308 80% lower.
[18:31.000 --> 18:33.960]  Fourth place the AR-15 80% lower.
[18:33.960 --> 18:38.400]  From Fat Sal's Deli fifth place $100 gift card from Fat Sal's Deli.
[18:38.400 --> 18:40.800]  Every $25 donation is a chance to win.
[18:40.800 --> 18:43.400]  That's logosradionetwork.com.
[18:43.400 --> 18:48.400]  So if you purchase Randy Kelton's eBook, Legal 101, you get 4 chances to win.
[18:48.400 --> 18:51.480]  Purchase Eddie Craig's Traffic Seminar and get 10 chances to win.
[18:51.480 --> 18:55.040]  And remember every $25 donation is a chance to win.
[18:55.040 --> 18:59.200]  Go to logosradionetwork.com for details and donate today.
[18:59.200 --> 19:06.360]  You are listening to the Logos Radio Network.
[19:06.360 --> 19:24.160]  Go to logosradionetwork.com for details and donate today.
[19:24.160 --> 19:54.040]  Thanks for watching and see you in the next video.
[19:54.160 --> 20:24.040]  Thanks for watching and see you in the next video.
[20:24.160 --> 20:50.000]  Okay.
[20:50.000 --> 20:51.000]  We are back.
[20:51.000 --> 20:57.280]  This is Randy Kelton with U of R Radio and we're talking to Joe in Texas.
[20:57.280 --> 20:58.280]  Okay.
[20:58.280 --> 21:01.440]  No, we're not talking to Joe in Texas.
[21:01.440 --> 21:04.040]  Hang on, Joe.
[21:04.040 --> 21:06.040]  It looks like Olivier dropped off.
[21:06.040 --> 21:07.040]  Okay.
[21:07.040 --> 21:08.040]  We're back to Joe in Texas.
[21:08.040 --> 21:09.040]  Okay.
[21:09.040 --> 21:10.040]  Joe, where were we?
[21:10.040 --> 21:17.840]  Well, I'm through with the part you already discussed with me, but I had another question.
[21:17.840 --> 21:25.360]  My mother, she has a car and she lost a title and she went this week to go get a title,
[21:25.360 --> 21:30.540]  whatever the title she lost, and they told her that she needed to get the proof that
[21:30.540 --> 21:33.040]  she had paid for the car.
[21:33.040 --> 21:37.040]  Does that make sense?
[21:37.040 --> 21:38.040]  No.
[21:38.040 --> 21:44.200]  If the title's in her name, it's in her name.
[21:44.200 --> 21:52.240]  Unless it doesn't matter, if the title is in her name and has a lien on it, it's still
[21:52.240 --> 21:56.080]  her title.
[21:56.080 --> 21:57.080]  But she had no lien.
[21:57.080 --> 21:58.640]  It's already been paid a long time ago.
[21:58.640 --> 22:03.080]  She had a title, you know, and she just, they said that she needed to get the paperwork
[22:03.080 --> 22:06.000]  that was proved that she had paid for it, the car.
[22:06.000 --> 22:11.840]  But tell the state it's none of your business if I've paid for this car or not.
[22:11.840 --> 22:17.800]  If there's a lien against the car, then whoever holds the lien can express the lien.
[22:17.800 --> 22:22.040]  You give me the copy of the title as it exists in your records.
[22:22.040 --> 22:26.600]  If they give her a hard time, then write them an information request and force them to respond
[22:26.600 --> 22:28.600]  to it in writing.
[22:28.600 --> 22:29.600]  Okay.
[22:29.600 --> 22:30.600]  Information request.
[22:30.600 --> 22:40.200]  And you can go to jurisimprudence.website and on that website top, we've got a bunch
[22:40.200 --> 22:44.960]  of frogs on there because I call this the frog farm conspiracy.
[22:44.960 --> 22:46.800]  Top frog on the right.
[22:46.800 --> 22:50.640]  Click that one, documents and research.
[22:50.640 --> 22:52.880]  And then there's a link for blanks.
[22:52.880 --> 23:00.160]  Click that and you'll find a info document that's an information request.
[23:00.160 --> 23:01.200]  Fill that out.
[23:01.200 --> 23:02.200]  Give them that one.
[23:02.200 --> 23:09.080]  They have an information request they'd like you to use, but I like mine a lot better.
[23:09.080 --> 23:14.600]  It was designed over a long period of time dealing with these people and it addresses
[23:14.600 --> 23:22.480]  a lot of legal issues that theirs doesn't and it's really obnoxious and I like obnoxious
[23:22.480 --> 23:24.520]  and obnoxious works better.
[23:24.520 --> 23:33.100]  So if you need an information request, go to jurisimprudence.website and click on documents
[23:33.100 --> 23:35.800]  and research and you'll find one in there.
[23:35.800 --> 23:36.800]  Okay Joe?
[23:36.800 --> 23:37.800]  Okay.
[23:37.800 --> 23:38.800]  Yes.
[23:38.800 --> 23:39.800]  I'm going to email you.
[23:39.800 --> 23:46.280]  So I would like some information on the tax referral from Barry Watson or David Lewis.
[23:46.280 --> 23:47.280]  Okay.
[23:47.280 --> 23:51.320]  Send that to me and I will forward your email to them.
[23:51.320 --> 23:52.320]  Okay.
[23:52.320 --> 23:55.640]  So is it Randy Kelton, Rule of Law Radio?
[23:55.640 --> 23:56.920]  No, no, no.
[23:56.920 --> 23:58.920]  Just randy at ruleoflawradio.com.
[23:58.920 --> 23:59.920]  Okay.
[23:59.920 --> 24:00.920]  All right.
[24:00.920 --> 24:01.920]  Thank you Randy.
[24:01.920 --> 24:02.920]  Appreciate it.
[24:02.920 --> 24:03.920]  Okay.
[24:03.920 --> 24:11.800]  Okay, now we're going to go to Phil in South Carolina.
[24:11.800 --> 24:12.800]  Hello Phil.
[24:12.800 --> 24:15.320]  How are you doing sir?
[24:15.320 --> 24:16.320]  Doing well.
[24:16.320 --> 24:18.200]  What do you have for us today?
[24:18.200 --> 24:25.640]  Last week I contacted you on the show, I think it was the Thursday show and I said I had
[24:25.640 --> 24:30.880]  an IRS issue and you said that there wasn't exactly a strong suit, but you knew a couple
[24:30.880 --> 24:34.440]  of people that would be able to help me.
[24:34.440 --> 24:38.400]  And I sent you my email address and I haven't had any response just yet.
[24:38.400 --> 24:40.960]  I thought you might have overlooked me.
[24:40.960 --> 24:47.060]  I don't recall seeing an email from you, I expected one.
[24:47.060 --> 24:52.040]  What is your email address, at least the first part of it?
[24:52.040 --> 24:54.080]  Tsunami X1.
[24:54.080 --> 24:57.680]  I do not remember seeing an email, Tsunami.
[24:57.680 --> 25:04.240]  Tsunami X1, and then on the clock this night I just sent you one.
[25:04.240 --> 25:05.240]  Okay.
[25:05.240 --> 25:09.040]  Send it again to Randy at ruleoflawradio.com.
[25:09.040 --> 25:17.280]  I just did, that was about 25 minutes ago I sent you one.
[25:17.280 --> 25:18.280]  Okay.
[25:18.280 --> 25:23.840]  I haven't seen that one then because I have been a bit busy, I'll check my email while
[25:23.840 --> 25:24.840]  we're talking.
[25:24.840 --> 25:25.840]  All right.
[25:25.840 --> 25:26.840]  I can wait.
[25:26.840 --> 25:27.840]  You know, I'll send it.
[25:27.840 --> 25:30.640]  I'll send it again maybe tomorrow, okay?
[25:30.640 --> 25:31.640]  Okay.
[25:31.640 --> 25:40.040]  I'm looking, I do not see a tsunami in my email.
[25:40.040 --> 25:44.240]  So you might try sending it again, make sure you get the right email address.
[25:44.240 --> 25:45.240]  Okay.
[25:45.240 --> 25:49.800]  And check it, make sure it's written right so it gets to me.
[25:49.800 --> 25:50.800]  Okay.
[25:50.800 --> 25:51.800]  I'll do that.
[25:51.800 --> 25:52.800]  Okay.
[25:52.800 --> 25:55.200]  Do you have anything else for us?
[25:55.200 --> 25:56.200]  I do.
[25:56.200 --> 26:01.520]  Once I get this email address to you, I was wondering if you could pass it on to Olivier
[26:01.520 --> 26:03.400]  because I'd like for him to contact me.
[26:03.400 --> 26:07.880]  I'd like to hear about his experience, if he's interested in sharing with me.
[26:07.880 --> 26:08.880]  Okay.
[26:08.880 --> 26:17.360]  He has been after the courts, but right now he's in jail and this was not a matter of
[26:17.360 --> 26:18.920]  what he's been fighting against.
[26:18.920 --> 26:24.760]  This was something earlier, before he got into this fight.
[26:24.760 --> 26:27.000]  It was an issue he had.
[26:27.000 --> 26:30.720]  So he's probably got another month or so before he'll be out.
[26:30.720 --> 26:31.720]  Okay.
[26:31.720 --> 26:34.760]  Well, I'd like to hear from him.
[26:34.760 --> 26:38.560]  But I will, if you'll send me an email, I'll send it to his brother.
[26:38.560 --> 26:39.560]  Okay.
[26:39.560 --> 26:40.560]  I'll do that.
[26:40.560 --> 26:41.560]  Yeah.
[26:41.560 --> 26:50.520]  I'm in Tennessee right now and I'm writing up a document for Olivier that, actually it's
[26:50.520 --> 26:51.520]  not for Olivier.
[26:51.520 --> 26:52.520]  I'm going to file it.
[26:52.520 --> 26:57.960]  I'm going to file criminal charges against the judge in his case, the judge and the prosecutor
[26:57.960 --> 27:02.120]  and most everybody involved in it.
[27:02.120 --> 27:07.960]  And I'm going to, once I get the complaints put together, I'm going to send it to every
[27:07.960 --> 27:14.560]  Senator and state Senator and state representative in Tennessee and see if we can't get a little
[27:14.560 --> 27:17.400]  politics working here.
[27:17.400 --> 27:24.360]  This judge was a real stinker and we'll see if we can't get his clock wound for him.
[27:24.360 --> 27:28.320]  He might deserve that, I believe it.
[27:28.320 --> 27:29.320]  Okay.
[27:29.320 --> 27:32.520]  So just give me the email and I will get it to him.
[27:32.520 --> 27:33.520]  Okay.
[27:33.520 --> 27:40.880]  And if you go over that declaratory judgment thing that you do.
[27:40.880 --> 27:41.880]  Declaratory judgment.
[27:41.880 --> 27:49.760]  This is something I'm just starting in areas other than foreclosure.
[27:49.760 --> 27:52.480]  Foreclosure I've been doing declaratory judgment for a long time.
[27:52.480 --> 27:59.400]  I've been helping people for six or seven years with foreclosure issues and I've helped
[27:59.400 --> 28:03.400]  over 700 people file federal lawsuits.
[28:03.400 --> 28:14.040]  For the most part, if you file a complaint alleging fraud, false and misleading statements,
[28:14.040 --> 28:23.240]  hope or teal or respite, the consumer protection laws, the judge just tend to blow them off.
[28:23.240 --> 28:28.800]  It appears as though the federal judges are bought and paid for.
[28:28.800 --> 28:33.520]  The banks own them and they're going to rule against you if there's any way they possibly
[28:33.520 --> 28:36.320]  can.
[28:36.320 --> 28:46.200]  When you file a suit that asks for any kinds of damages, it will always draw a Rule 12b-6
[28:46.200 --> 28:51.000]  motion to dismiss for failure to state a claim on which cover can be had.
[28:51.000 --> 28:58.680]  It appears to make absolutely no difference how well-crafted your claim is.
[28:58.680 --> 29:03.840]  The judge is going to dismiss the claim for failure to state a claim on which cover can
[29:03.840 --> 29:07.000]  be had.
[29:07.000 --> 29:10.200]  How do we get around this thing?
[29:10.200 --> 29:21.760]  The way I got around it was I backed up from claims against the lender and claims against
[29:21.760 --> 29:31.600]  the servicer and claims based on the consumer protection laws and went to the contract.
[29:31.600 --> 29:36.240]  The contract is the deed of trust and the note.
[29:36.240 --> 29:37.240]  Hang on.
[29:37.240 --> 29:38.480]  We'll pick this up on the other side.
[29:38.480 --> 29:47.760]  This is Randy Kelton, Wheel of Law Radio on this Friday, the 8th day of December 2017.
[29:47.760 --> 29:52.760]  Our call-in number is 512-646-1984.
[29:52.760 --> 29:56.800]  We can only hold five people on the board at one time, so if you can't get through,
[29:56.800 --> 29:59.640]  wait until somebody drops off and then try back.
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[30:48.160 --> 30:53.680]  Ginger, the herb used in gingerbread cookies and Indian curry can also put an end to pain.
[30:53.680 --> 30:57.960]  Medical studies show ginger relieves pain and inflammation like asprid and ibuprofen
[30:57.960 --> 31:00.500]  do, but without the worrisome side effects.
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[31:05.160 --> 31:06.160]  Ginger?
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[31:20.960 --> 31:22.980]  I'm Dr. Catherine Albrecht.
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[32:02.560 --> 32:05.320]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.320 --> 32:08.960]  In today's America, we live in an us against them society and if we the people are ever
[32:08.960 --> 32:13.120]  going to have a free society, then we're going to have to stand and defend our own rights.
[32:13.120 --> 32:16.320]  Among those rights are the right to travel freely from place to place, the right to act
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[33:01.080 --> 33:26.120]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:26.120 --> 33:30.880]  Okay we are back, Randy Kelton, Rule of Law Radio and we're talking to Phil in South
[33:30.880 --> 33:31.880]  Carolina.
[33:31.880 --> 33:32.880]  Okay, Phil.
[33:32.880 --> 33:33.880]  Where were we?
[33:33.880 --> 33:34.880]  I lost my place.
[33:34.880 --> 33:41.240]  Well, we were talking about declaratory judgments, but I was just wondering if it would be a
[33:41.240 --> 33:44.360]  good tool for other than real estate issues.
[33:44.360 --> 33:48.560]  Oh, it is a great tool.
[33:48.560 --> 33:52.320]  Here's the deal about declaratory judgment.
[33:52.320 --> 34:01.160]  A declaratory judgment suit, the Declaratory Judgments Act was implemented for the purpose
[34:01.160 --> 34:05.240]  of judicial economy.
[34:05.240 --> 34:11.080]  Instead of adjudicating an entire case to get a ruling on a point of law, you can go
[34:11.080 --> 34:18.040]  in and ask the court to rule on the rights of the parties.
[34:18.040 --> 34:20.040]  That's the purpose of a declaratory judgment suit.
[34:20.040 --> 34:27.160]  So what I would do is say, okay, we have a deed of trust here and the most common issue
[34:27.160 --> 34:35.480]  I came across with deeds of trust, like one I just wrote for someone in Texas, is they
[34:35.480 --> 34:52.040]  received the loan from, I think it was Prime Lending, American Magnus Financial Corporation.
[34:52.040 --> 35:05.080]  This company issued the loan in 2007, went out of business in 2008, and in 2010, Merz
[35:05.080 --> 35:11.480]  Mortgage Electronic Registration Systems assigned the asset, being the deed of trust, which
[35:11.480 --> 35:23.080]  was the claim against the property, to a third party, which was one of the service companies.
[35:23.080 --> 35:28.600]  So I filed a declaratory judgment suit.
[35:28.600 --> 35:39.640]  In the suit, I maintained that when a principal dies, power of attorney dies with the principal
[35:39.640 --> 35:49.280]  and asked the court to rule that when the American Magnus Financial Corporation, whatever
[35:49.280 --> 35:53.400]  it was, went out of business.
[35:53.400 --> 35:59.600]  The company was a person under law and the person died.
[35:59.600 --> 36:08.200]  Therefore, any agent for the person lost agency or lost power of attorney when the person
[36:08.200 --> 36:09.760]  died.
[36:09.760 --> 36:19.040]  And unlike a human being who could have a catastrophic health occurrence and die suddenly,
[36:19.040 --> 36:22.360]  this was a legal fiction.
[36:22.360 --> 36:24.840]  Legal fictions don't die quickly.
[36:24.840 --> 36:28.240]  They don't die without notice.
[36:28.240 --> 36:36.240]  So Magnus Financial had noticed that they were going out of business and they held this
[36:36.240 --> 36:39.100]  asset.
[36:39.100 --> 36:45.820]  They had ample opportunity to transfer this asset to someone else and they chose not to.
[36:45.820 --> 36:51.700]  So it was my position that when Magnus Financial went out of business without transferring
[36:51.700 --> 36:58.000]  their asset to a third party, they abandoned the asset.
[36:58.000 --> 37:04.520]  That MERS cannot come along two years later and act as an agent for a non-existent company
[37:04.520 --> 37:11.120]  and asked the court to rule that under law, agency dies with the principal.
[37:11.120 --> 37:16.400]  Now, I'm not asking for any money, I'm not asking for any damages, I'm not even asking
[37:16.400 --> 37:20.960]  for court costs or attorney fees.
[37:20.960 --> 37:24.040]  I'm just asking for a ruling on point of law.
[37:24.040 --> 37:32.960]  When you file declaratory judgment, since you're not asking to recover harm, you're
[37:32.960 --> 37:42.400]  not asking for any financial renumeration from the other party, there is no immunity
[37:42.400 --> 37:51.320]  of any kind and there is no claim.
[37:51.320 --> 37:57.400]  With no claim, there can be no 12b6 motion to dismiss for failure to state a claim.
[37:57.400 --> 38:04.480]  Now, I did this in Fort Worth and Judge McBride, I think he knew who it was because he had
[38:04.480 --> 38:11.040]  dismissed two or three of my suits and I had talked to ugly about him on the railroad,
[38:11.040 --> 38:13.840]  the radio show a few times.
[38:13.840 --> 38:22.320]  I filed a case that was a trespass to try title case and it asked the court to rule
[38:22.320 --> 38:29.160]  on just this kind of issue and the lawyer for the other side filed a response saying,
[38:29.160 --> 38:33.640]  this case should be dismissed because Wells Fargo is not the lender.
[38:33.640 --> 38:37.280]  Well, Wells Fargo was not the lender, they were the servicer for the lender and they
[38:37.280 --> 38:39.720]  were the ones doing the foreclosure.
[38:39.720 --> 38:50.160]  And I think the lawyer somehow missed a button on his shirt.
[38:50.160 --> 38:55.240]  Wells Fargo was not the lender, that's true, but Wells Fargo was acting as an agent for
[38:55.240 --> 38:58.520]  the lender so he stood in the lender's shoes.
[38:58.520 --> 39:01.200]  So he claimed that Wells Fargo wasn't the lender.
[39:01.200 --> 39:07.060]  Well, I took that to mean that Wells Fargo or his agent wasn't the lender, but I read
[39:07.060 --> 39:13.820]  it as, well, the lawyer made a horrendous mistake.
[39:13.820 --> 39:19.320]  So what do you do when the other side makes a horrendous mistake?
[39:19.320 --> 39:25.620]  You do something to trap them inside the mistake and in this case, they said, well, this case
[39:25.620 --> 39:29.280]  should be dismissed because we're not the lender.
[39:29.280 --> 39:39.120]  So I said, the argument is well taken in my response that apparently I made a mistake
[39:39.120 --> 39:42.280]  and I non-suit.
[39:42.280 --> 39:51.640]  Once I've non-suited because Wells Fargo said they weren't the lender, that means that their
[39:51.640 --> 39:58.680]  principal is not the lender either, they made that statement in open court in order to keep
[39:58.680 --> 40:05.980]  them from figuring out they made a mistake in recanting it, I non-suited immediately.
[40:05.980 --> 40:09.960]  Now that becomes collateral estoppel.
[40:09.960 --> 40:17.300]  Once you come into court and take a position, you cannot subsequently come into court and
[40:17.300 --> 40:20.240]  take a different position.
[40:20.240 --> 40:29.600]  Judge McBride, in his infinite wisdom, the same day I non-suited dismissed my declaratory
[40:29.600 --> 40:34.160]  judgment suit for failure to state a claim on which recovery can be had.
[40:34.160 --> 40:35.160]  No.
[40:35.160 --> 40:43.200]  Well, duh, of course there was no claim for which recovery can be had.
[40:43.200 --> 40:46.160]  In the first place, I didn't ask for recovery.
[40:46.160 --> 40:49.520]  The second place, I didn't make a claim.
[40:49.520 --> 40:51.280]  I asked for a declaratory judgment suit.
[40:51.280 --> 40:54.440]  So what do you do in that case?
[40:54.440 --> 40:59.560]  I went straight to the SAC, the special agent in charge of the FBI in Dallas, and filed
[40:59.560 --> 41:02.600]  criminal charges against the federal judge.
[41:02.600 --> 41:05.920]  Oh, that was great fun.
[41:05.920 --> 41:13.940]  I've had a friend of mine file my declaratory judgment suits a couple of times after that
[41:13.940 --> 41:18.000]  and Judge McBride did not dismiss them.
[41:18.000 --> 41:19.920]  So he got his attention.
[41:19.920 --> 41:27.880]  Point of the declaratory judgment suit, no immunity, and it can't be dismissed under
[41:27.880 --> 41:32.700]  Rule 12B6 or Rule 12 in the state of Texas.
[41:32.700 --> 41:39.760]  The big point is, is it gets you directly to discovery and they can't get around it.
[41:39.760 --> 41:43.240]  They can't get the suit tossed right away.
[41:43.240 --> 41:48.920]  So I've made one up for traffic cases.
[41:48.920 --> 41:54.020]  They file a ticket against you, they want to get you into court and jerk you around.
[41:54.020 --> 42:01.200]  So what we're saying in the arguments in Texas at least, and some of the other states I have
[42:01.200 --> 42:09.700]  the same argument, Illinois for one for sure, is that only the state police can enforce
[42:09.700 --> 42:11.840]  the transportation code.
[42:11.840 --> 42:19.120]  In Texas, certain sheriff's deputies can be authorized to enforce the transportation code
[42:19.120 --> 42:23.160]  under 701.001 Texas Transportation Code.
[42:23.160 --> 42:29.360]  But those officers have to be appointed by the county commissioner's court and they have
[42:29.360 --> 42:32.400]  to be paid by the county commissioner's court.
[42:32.400 --> 42:37.520]  And I've explained this earlier how this came about is because when they implemented the
[42:37.520 --> 42:42.600]  transportation code, they told the sheriff, here you got this new code, enforce it.
[42:42.600 --> 42:47.640]  And the sheriff told him, screw you, I've got a limited budget.
[42:47.640 --> 42:52.480]  I don't have a budget to enforce a whole new statutory scheme.
[42:52.480 --> 42:59.000]  Either you got to get me more budget, you got to come up with some other way of enforcing
[42:59.000 --> 43:00.000]  that.
[43:00.000 --> 43:02.600]  So the states created state police.
[43:02.600 --> 43:09.240]  But in Texas, they said, well, you might want to be able to have some sheriff's deputies
[43:09.240 --> 43:10.640]  out there enforcing the code.
[43:10.640 --> 43:15.560]  So they passed this statute that said that the county commissioner's court could appoint
[43:15.560 --> 43:18.060]  five sheriff's deputies.
[43:18.060 --> 43:21.920]  But they had to pay them out of the county commissioner's court budget, not out of the
[43:21.920 --> 43:22.920]  sheriff's budget.
[43:22.920 --> 43:27.500]  This is all about money.
[43:27.500 --> 43:35.280]  So we asked the court to show that the officer who wrote the citation was actually authorized
[43:35.280 --> 43:38.720]  under state law to do so.
[43:38.720 --> 43:43.160]  And they state they're not, so they can't prove that they are.
[43:43.160 --> 43:50.080]  And we asked the court to rule that the officer did not show authority, therefore he does
[43:50.080 --> 43:51.160]  not have authority.
[43:51.160 --> 43:54.320]  We're not asking for harm or damages.
[43:54.320 --> 43:55.600]  Only a declaratory judgment.
[43:55.600 --> 43:58.360]  Hang on, we'll be right back.
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[46:22.920 --> 46:24.440]  Okay, we are back.
[46:24.440 --> 46:32.520]  We're in the calendar of Rule of Law Radio and we're talking to Phil in South Carolina.
[46:32.520 --> 46:34.000]  That's right.
[46:34.000 --> 46:35.880]  Okay, got that right.
[46:35.880 --> 46:36.880]  Okay.
[46:36.880 --> 46:38.680]  We're talking about declaratory judgment.
[46:38.680 --> 46:46.160]  The great thing about declaratory judgment, I don't know how it is in South Carolina,
[46:46.160 --> 46:49.040]  but I expect it to be similar.
[46:49.040 --> 46:59.120]  If you file a civil case in the district court in Texas, it costs around 250 bucks.
[46:59.120 --> 47:05.440]  But if you file a declaratory judgment suit, it costs $15.
[47:05.440 --> 47:13.800]  So you go in with a ticket and they're all about the money.
[47:13.800 --> 47:17.320]  At the end of the day, that's all it's about.
[47:17.320 --> 47:24.960]  So if you file – I've got this traffic ticket site where I give people a whole stack
[47:24.960 --> 47:28.840]  full of documents to file and the court just blows them off.
[47:28.840 --> 47:32.080]  They just ignore them.
[47:32.080 --> 47:38.840]  They can't ignore a subpoena from the district court.
[47:38.840 --> 47:46.560]  So for 15 bucks, you get to go file a declaratory judgment suit in the district court.
[47:46.560 --> 47:56.280]  Now, they have to hire a lawyer to answer your suit in the district court.
[47:56.280 --> 47:58.680]  That's the win-loser draw.
[47:58.680 --> 48:04.080]  That's going to cost them way more than they could possibly get from you when they're
[48:04.080 --> 48:13.720]  paying lawyers two to four hundred bucks an hour, especially if using this litigation
[48:13.720 --> 48:21.760]  engine we've put together, if we put in a really detailed and pedantic suit.
[48:21.760 --> 48:28.840]  So we've got legal points and issues coming out of our ears and the lawyer has to answer
[48:28.840 --> 48:30.840]  every one of them.
[48:30.840 --> 48:35.320]  It's going to cost them a fortune.
[48:35.320 --> 48:42.720]  I was talking to Debra today before the show about an issue she was having and the laws
[48:42.720 --> 48:45.260]  were not sufficient.
[48:45.260 --> 48:50.800]  This is about animal control and stuff and these judges, they don't care about that.
[48:50.800 --> 48:52.720]  They've got important stuff to do.
[48:52.720 --> 48:55.320]  You've got a dog that's giving, that's annoying you.
[48:55.320 --> 48:56.320]  Who cares?
[48:56.320 --> 48:57.780]  We're not going to mess with it.
[48:57.780 --> 49:00.520]  So what do you do?
[49:00.520 --> 49:02.620]  Well, you annoy them.
[49:02.620 --> 49:10.360]  You file a declaratory judgment suit or you sue them for $10,000.
[49:10.360 --> 49:15.160]  You may not get the court to rule in your favor, but you don't care.
[49:15.160 --> 49:19.480]  You've got the other side looking at the prospect of being ruled against.
[49:19.480 --> 49:24.080]  Now they have to go spend money to fight against you to give them the reason to go away and
[49:24.080 --> 49:25.080]  leave you alone.
[49:25.080 --> 49:29.680]  And this is what we're looking at in the traffic court.
[49:29.680 --> 49:33.680]  We don't expect these judges to rule in our favor.
[49:33.680 --> 49:35.760]  That's one of my rules.
[49:35.760 --> 49:40.880]  You will never win your case simply because you have the law and the facts on your side.
[49:40.880 --> 49:43.880]  The judges are all corrupt.
[49:43.880 --> 49:45.480]  Okay.
[49:45.480 --> 49:52.880]  Maybe they're not corrupt, but it behooves you to conduct yourself as if they are corrupt,
[49:52.880 --> 49:57.920]  as if they will rule against you out of hand at every turn without regard for the right
[49:57.920 --> 50:00.480]  of things and the rule of law.
[50:00.480 --> 50:08.440]  If they don't, so much the better for you, but if they do, you are prepared.
[50:08.440 --> 50:15.520]  And a declaratory judgment suit will drive them up the wall.
[50:15.520 --> 50:22.860]  And if we start filing a lot of them, the district courts will be furious at these local
[50:22.860 --> 50:30.480]  courts for forcing the district courts to have to deal with these cases over and over
[50:30.480 --> 50:32.080]  and over.
[50:32.080 --> 50:35.080]  It's all politics.
[50:35.080 --> 50:38.560]  Is that an electronic machine?
[50:38.560 --> 50:39.560]  Say that again.
[50:39.560 --> 50:45.160]  Do you have one of those in your electronic machine?
[50:45.160 --> 50:47.960]  I just put one in there.
[50:47.960 --> 50:54.520]  I put one in for Texas and I will be designing them for other states.
[50:54.520 --> 51:02.120]  And because the tool is up and working, I put in the original declaratory judgment suit.
[51:02.120 --> 51:05.780]  And then I went back and looked at it and I thought, you know, there's all this other
[51:05.780 --> 51:07.300]  stuff I could add to it.
[51:07.300 --> 51:13.240]  So I opened it back up and add all these other things to it and drop it back in there.
[51:13.240 --> 51:22.360]  The more we add to it, the more it's going to give them a problem on the other side.
[51:22.360 --> 51:25.200]  And for us, it's no problem.
[51:25.200 --> 51:27.320]  It don't cost us anything.
[51:27.320 --> 51:30.880]  It costs me a little time when I stick it in there.
[51:30.880 --> 51:34.360]  But once it's in there, they have to answer all of these.
[51:34.360 --> 51:39.360]  They miss one and we get default judgment against them.
[51:39.360 --> 51:49.360]  From what I've heard you talk about, you said that most for the most part, the legislatures
[51:49.360 --> 51:53.720]  all over the country have done a pretty good job in writing code.
[51:53.720 --> 52:00.400]  We just have an issue with the executive and the judicial branch kind of being loosey-goosey
[52:00.400 --> 52:05.560]  with the interpretation and what have you in order to do what they want to do.
[52:05.560 --> 52:08.040]  It's not always the case of that either.
[52:08.040 --> 52:14.960]  Let me explain why we have such a good corpus juris.
[52:14.960 --> 52:21.200]  It's my opinion that the remedies written into law were not written in there for you
[52:21.200 --> 52:23.500]  and I.
[52:23.500 --> 52:29.600]  They were written in there for the big guys with big money and lots of influence.
[52:29.600 --> 52:37.200]  They were written in there for the scoundrels where the system's filled with these scoundrels
[52:37.200 --> 52:39.760]  and they know they're scoundrels.
[52:39.760 --> 52:44.280]  They also know there's a lot of other scoundrels out there.
[52:44.280 --> 52:50.160]  So they needed ways to protect themselves from each other.
[52:50.160 --> 52:52.880]  So they wrote all these protections into law.
[52:52.880 --> 53:00.160]  Their problem is you and I get to use those protections that they put in for themselves.
[53:00.160 --> 53:07.680]  So yes, over the last couple hundred years, just about every kind of shenanigans you can
[53:07.680 --> 53:16.480]  imagine has come before the courts and they have, between the courts and the legislature,
[53:16.480 --> 53:22.200]  they have put together ways of handling these shenanigans.
[53:22.200 --> 53:30.400]  So absolutely every state has a very well-crafted and finely honed body of law.
[53:30.400 --> 53:31.400]  Right.
[53:31.400 --> 53:44.040]  My point is this, we recognize that if they have a body of law, say for transportation,
[53:44.040 --> 53:49.760]  but you still have cops out here that's not following the transportation law to the letter,
[53:49.760 --> 53:54.220]  they're stopping whoever they want to stop and making this false accusation.
[53:54.220 --> 54:03.440]  And I like to call this false accusation, constructive fraud, really.
[54:03.440 --> 54:08.320]  And I was wondering if we could add something like that to our claim against them, constructive
[54:08.320 --> 54:13.040]  fraud, because that's what they've done in order to apply a code to us that doesn't apply
[54:13.040 --> 54:14.040]  to us.
[54:14.040 --> 54:18.520]  Or do we have to make them come to us with that?
[54:18.520 --> 54:19.520]  Okay.
[54:19.520 --> 54:25.120]  So constructive fraud is kind of specific.
[54:25.120 --> 54:30.000]  What I'm looking at is RICO.
[54:30.000 --> 54:33.160]  This is organized crime.
[54:33.160 --> 54:41.840]  We have two or more people conspiring one with the other toward the perpetration of
[54:41.840 --> 54:49.280]  predicate acts toward an ongoing criminal conspiracy to violate law.
[54:49.280 --> 54:50.680]  That's RICO.
[54:50.680 --> 54:53.400]  That's organized crime.
[54:53.400 --> 54:57.520]  That's better than fraud.
[54:57.520 --> 55:00.560]  That's where I'm looking to go.
[55:00.560 --> 55:12.720]  But the point of this tool is it gives us the capacity to be very pedantic.
[55:12.720 --> 55:23.120]  I've said in the past that the system is a mess, but there wasn't some bad guy that came
[55:23.120 --> 55:27.240]  out there that screwed up the whole system.
[55:27.240 --> 55:36.040]  There is no evil individual that we can single out and vilify beyond all redemption, then
[55:36.040 --> 55:37.800]  rail that in righteous indignation.
[55:37.800 --> 55:39.400]  It doesn't work that way.
[55:39.400 --> 55:41.400]  There's not really any bad guys out there.
[55:41.400 --> 55:47.000]  Okay, there may be a couple of bad guys, but that's all and they just get around a lot.
[55:47.000 --> 55:51.200]  For the most part, we have a lot of people doing what they think is right within the
[55:51.200 --> 55:56.360]  scope and context of the jobs they have to do.
[55:56.360 --> 56:03.120]  Over time, they tend to make minor adjustments toward administrative convenience and adjudicated
[56:03.120 --> 56:05.920]  expediency.
[56:05.920 --> 56:12.780]  When they make a minor adjustment, nobody jumps up and rails in righteous indignation.
[56:12.780 --> 56:16.400]  They tend to make another adjustment, and another one, and another one, and then one
[56:16.400 --> 56:22.840]  day you look around and you can't recognize the system.
[56:22.840 --> 56:24.380]  That's what we've got.
[56:24.380 --> 56:27.880]  I don't have a bad guy I can go after.
[56:27.880 --> 56:36.040]  I know in legal reform, we want to look at some overriding power that's controlling everything.
[56:36.040 --> 56:42.880]  I tend to believe that most of our problems don't have to do with the Bilderbergs or some
[56:42.880 --> 56:46.820]  other powerful group.
[56:46.820 --> 56:55.680]  Most of our problems have to do with ordinary, everyday, run-of-the-mill corruption.
[56:55.680 --> 57:01.180]  Primary people doing what they think is right and making adjustments that make the system
[57:01.180 --> 57:05.600]  work better from their perspective.
[57:05.600 --> 57:13.120]  You and I, when one of our public officials stepped across one of our legal lines, we
[57:13.120 --> 57:21.480]  didn't jump up and down and rail in righteous indignation, so we let this happen.
[57:21.480 --> 57:26.840]  I'm designing this tool to fix that.
[57:26.840 --> 57:34.160]  The tool looks for every teensy-tinesy little violation and lands on them like a ton of
[57:34.160 --> 57:35.160]  bricks.
[57:35.160 --> 57:39.040]  When we start hitting them for the minor stuff, they're going to get a lot more careful with
[57:39.040 --> 57:43.320]  the major stuff.
[57:43.320 --> 57:46.760]  It's the intention that we'll get the system to write itself.
[57:46.760 --> 57:48.800]  Does that make sense?
[57:48.800 --> 57:57.760]  I am in the process of implementing it.
[57:57.760 --> 57:59.880]  I have the tool built.
[57:59.880 --> 58:03.960]  Now I'm building content to lay on top of it.
[58:03.960 --> 58:10.000]  That's going to take me probably another week or so, and then I will have it up.
[58:10.000 --> 58:16.800]  The initial incantation is going to be on trafficticket.website.
[58:16.800 --> 58:20.960]  When I get it up, I will let everybody know.
[58:20.960 --> 58:21.960]  You can go there.
[58:21.960 --> 58:27.000]  Trafficticket.website is working now, but it's not using this engine.
[58:27.000 --> 58:29.840]  I'm in the process of implementing this engine on it.
[58:29.840 --> 58:33.720]  I hope by next week to have it actually working.
[58:33.720 --> 58:34.720]  Hang on.
[58:34.720 --> 58:35.720]  Going to break.
[58:35.720 --> 58:36.720]  Randy Kelton, Wheelbar Radio.
[58:36.720 --> 58:43.520]  I call in number 512-646-1984, and Scott, I want to pick you up on the other side.
[58:43.520 --> 58:47.360]  I know you've got something else going on, so you want to get on and off.
[58:47.360 --> 58:50.280]  We'll be right back.
[58:50.280 --> 58:54.440]  Would you like to make more definite progress in your walk with God?
[58:54.440 --> 58:59.600]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.600 --> 59:00.940]  can really help.
[59:00.940 --> 59:05.400]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.400 --> 59:06.400]  today.
[59:06.400 --> 59:10.300]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.300 --> 59:13.400]  to know God and to know the meaning of life.
[59:13.400 --> 59:18.680]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.680 --> 59:22.920]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.920 --> 59:27.860]  of salvation, growing in Christ, and how to build up the church.
[59:27.860 --> 59:32.880]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.880 --> 01:00:00.680]  Life, call Bibles for America toll free at 888-551-0102, or visit us online at bfa.org.
[01:00:00.680 --> 01:00:05.760]  The following news flash is brought to you by the Lone Star Lowdown.
[01:00:05.760 --> 01:00:11.720]  Markets for Wednesday, the 29th of November opened with gold at $1,295.52 an ounce, silver
[01:00:11.720 --> 01:00:18.640]  at $16.89 an ounce, Texas crude at $57.99 a barrel, Bitcoin broke $10,000 and sitting
[01:00:18.640 --> 01:00:31.240]  at $10,278 US dollars, and Dashcoin is sitting at about $643 US fiat.
[01:00:31.240 --> 01:00:37.320]  Today in history, the year 1963, US President Lyndon B. Johnson establishes the Warren Commission
[01:00:37.320 --> 01:00:40.720]  to investigate the assassination of President John F. Kennedy.
[01:00:40.720 --> 01:00:44.000]  Today in history.
[01:00:44.000 --> 01:00:48.540]  In recent news, Trump appointed FCC Chairman Ajit Pai has been in the headlines lately
[01:00:48.540 --> 01:00:52.520]  with the Trump's administration's decision to scrap Obama's net neutrality regulations.
[01:00:52.520 --> 01:00:57.480]  Regulations, i.e. powers, government bureaucrats tout the absolutely need in order to keep
[01:00:57.480 --> 01:01:02.640]  internet content equally accessible to all consumers, regardless of provider preferences.
[01:01:02.640 --> 01:01:06.040]  It seems many in Washington and many of those who report on such matters have failed to
[01:01:06.040 --> 01:01:08.680]  take note of one simple economic reality.
[01:01:08.680 --> 01:01:13.720]  That is that the ISPs who decided to artificially block or slow down certain website traffic
[01:01:13.720 --> 01:01:18.280]  would lose business to providers who didn't, and given exclusive treatment to some sites
[01:01:18.280 --> 01:01:22.400]  in exchange for payment, it's not only a standard business model, but only makes sense considering
[01:01:22.400 --> 01:01:24.520]  the flow of given sites.
[01:01:24.520 --> 01:01:29.240]  Not to mention we don't recall what widespread content was being censored before the enforcement
[01:01:29.240 --> 01:01:33.600]  of the oh-so-benevolently sounding net neutrality regulation.
[01:01:33.600 --> 01:01:38.240]  During a speech at a R Street Institute event, Pai stated that, quote, when it comes to a
[01:01:38.240 --> 01:01:42.920]  free and open internet, Twitter is part of the problem, and that the company has a viewpoint
[01:01:42.920 --> 01:01:45.400]  that it uses that viewpoint to discriminate.
[01:01:45.400 --> 01:01:49.680]  Similar sentiments were stated towards the many online giants who support net neutrality,
[01:01:49.680 --> 01:01:53.400]  stating that, quote, they may cloak their advocacy and public interests, but the real
[01:01:53.400 --> 01:01:58.360]  interest of these internet giants is in using the regulatory process to cement their dominance
[01:01:58.360 --> 01:02:00.460]  in the internet economy.
[01:02:00.460 --> 01:02:05.080]  Only intensive research and an evaluation of incentives will reveal whether net neutrality
[01:02:05.080 --> 01:02:09.260]  is a chronic takeover or not.
[01:02:09.260 --> 01:02:12.540]  The Holcomb family, who lost eight members, including a woman who was pregnant in the
[01:02:12.540 --> 01:02:16.920]  mass church shooting in First Baptist Church in Sutherland Springs, Texas, has filed a
[01:02:16.920 --> 01:02:21.600]  wrongful death claim against the U.S. military, claiming that the Air Force's negligence led
[01:02:21.600 --> 01:02:24.320]  to the gunman being able to acquire his weapons.
[01:02:24.320 --> 01:02:28.880]  The Air Force did admit that findings by a inspector general confirmed that proper personnel
[01:02:28.880 --> 01:02:33.320]  at home and Air Force Base did not report lawfully required information to civilian
[01:02:33.320 --> 01:02:38.440]  law enforcement in regards to the perpetrator's domestic violence case, a case that, if reported,
[01:02:38.440 --> 01:02:41.880]  would have barred him from potentially buying firearms.
[01:02:41.880 --> 01:02:45.880]  The Lone Star Lowdown is currently looking for sponsors, so we'll reply through a service
[01:02:45.880 --> 01:02:47.880]  job to advertise with us.
[01:02:47.880 --> 01:02:52.880]  Feel free to get any call at 210-363-2257.
[01:02:52.880 --> 01:03:21.880]  This was Brooke Rode with your Lowdown for November 29, 2017.
[01:03:23.880 --> 01:03:24.880]  Okay, we are back.
[01:03:24.880 --> 01:03:30.220]  Randy Kelton, Rule of Law Radio, and Phil, hang on.
[01:03:30.220 --> 01:03:31.220]  Let me go to Scott.
[01:03:31.220 --> 01:03:33.320]  I need to give him some time.
[01:03:33.320 --> 01:03:37.600]  He's got some podcasts going on that he needs to get back to.
[01:03:37.600 --> 01:03:40.880]  Scott, what do you have for us today?
[01:03:40.880 --> 01:03:46.880]  Well, I was just going to say, I turned in all those motions, had to go to court yesterday,
[01:03:46.880 --> 01:03:50.800]  or yeah, I think it was yesterday.
[01:03:50.800 --> 01:03:58.480]  And so, the judge was super nice to me, the prosecutor was extremely nice to me, and the
[01:03:58.480 --> 01:04:04.720]  judge could not make a decision on all those motions, and she is going to send me her answer
[01:04:04.720 --> 01:04:05.720]  in writing.
[01:04:05.720 --> 01:04:12.320]  So, that's what happens when you stuff the court's pool of all these motions.
[01:04:12.320 --> 01:04:17.400]  She just couldn't seem to come to, she just didn't have enough time to make any decisions
[01:04:17.400 --> 01:04:22.960]  on the ruling, and then she could write me, and I said, okay.
[01:04:22.960 --> 01:04:25.360]  So this is a municipal court?
[01:04:25.360 --> 01:04:28.280]  Yes, municipal court.
[01:04:28.280 --> 01:04:39.640]  So they're actually at least giving the impression that they are paying attention to the documentation?
[01:04:39.640 --> 01:04:47.360]  Oh, they were paying real close attention.
[01:04:47.360 --> 01:04:51.620]  This is what is going to change the system.
[01:04:51.620 --> 01:04:57.080]  This is how we'll get them to begin to follow law and do what they're supposed to, because
[01:04:57.080 --> 01:05:03.960]  they've got somebody here who is hammering everybody.
[01:05:03.960 --> 01:05:07.120]  These guys are trying to keep from getting hammered.
[01:05:07.120 --> 01:05:14.820]  We've got Jason and James that we had on last night, they're from down around the Houston
[01:05:14.820 --> 01:05:22.800]  area, Liberty County, and they're in the process of running this routine on them down there.
[01:05:22.800 --> 01:05:31.600]  So far, this first court and the municipal court and the county court has just blown
[01:05:31.600 --> 01:05:34.120]  off everything.
[01:05:34.120 --> 01:05:39.440]  Now this week I'm going to get with them, we'll start doing what Scott has been doing
[01:05:39.440 --> 01:05:45.720]  and file criminal charges and lawsuits, and we're going to get Scott's documents he's
[01:05:45.720 --> 01:05:58.520]  filed and plagiarize them and just create a fill-in-the-blanks document so that in the
[01:05:58.520 --> 01:06:04.800]  future when someone comes across this, we can put in some questions on the tool that
[01:06:04.800 --> 01:06:10.120]  we're developing and the system will just start spitting out these documents for them.
[01:06:10.120 --> 01:06:15.680]  When we start loading them up, we're going to get more courts treating people like they're
[01:06:15.680 --> 01:06:20.040]  treating Scott.
[01:06:20.040 --> 01:06:22.400]  That's my story and I'm sticking to it.
[01:06:22.400 --> 01:06:29.720]  Well that's my story too, and that's all I can say on that deal.
[01:06:29.720 --> 01:06:34.480]  So I guess I'm going to have to go ahead and kind of cut it off a little early tonight,
[01:06:34.480 --> 01:06:37.200]  but yeah, they're definitely paying attention.
[01:06:37.200 --> 01:06:41.700]  They don't like it, but they were being super nice about it.
[01:06:41.700 --> 01:06:48.000]  So anyhow, yeah, let's see what happens.
[01:06:48.000 --> 01:06:54.520]  So as soon as I get information back on that, then we'll go from there because I got a ton
[01:06:54.520 --> 01:06:58.160]  of these little soup things coming up.
[01:06:58.160 --> 01:07:03.960]  Okay, we do authorize shameless self-promotion.
[01:07:03.960 --> 01:07:07.280]  You want to talk about your YouTube channels?
[01:07:07.280 --> 01:07:17.040]  Oh yeah, I have a YouTube channel, Snafu Radio, and I've been doing some interviews with a
[01:07:17.040 --> 01:07:21.880]  guy that was a Black Ops guy for the CIA.
[01:07:21.880 --> 01:07:25.360]  We've done 13, no 12 interviews now.
[01:07:25.360 --> 01:07:28.900]  He's had over 60,000 views just on my channel.
[01:07:28.900 --> 01:07:34.640]  A lot of people were taking it and mirroring it, so I can't even tell you how many people
[01:07:34.640 --> 01:07:38.880]  are actually seeing these videos now.
[01:07:38.880 --> 01:07:48.240]  So that's kind of going on.
[01:07:48.240 --> 01:07:53.440]  How many subscribers do you have to Snafu so far?
[01:07:53.440 --> 01:08:01.400]  I'm like 200 or 300 away from hitting 10,000.
[01:08:01.400 --> 01:08:06.620]  So I'll probably break 10,000 over the weekend.
[01:08:06.620 --> 01:08:12.480]  So it's really going to be huge.
[01:08:12.480 --> 01:08:18.000]  And then once I kind of get over 10,000, then I want to get you on so we can promote the
[01:08:18.000 --> 01:08:25.840]  electronic paralegal or whatever you want to call it, and then we're going to do a radio
[01:08:25.840 --> 01:08:31.640]  show on that because there's quite a few people in Texas that are now following this show
[01:08:31.640 --> 01:08:35.160]  and other people all over the States.
[01:08:35.160 --> 01:08:39.200]  I've got nine people waiting on this one podcast thing here.
[01:08:39.200 --> 01:08:44.000]  I can't get it to start, so now I'm having to redo a whole other page so I can get it
[01:08:44.000 --> 01:08:45.000]  to kick off.
[01:08:45.000 --> 01:08:47.460]  I don't know what's going on with the damn thing.
[01:08:47.460 --> 01:08:48.460]  But anyway-
[01:08:48.460 --> 01:08:52.400]  Okay, Scott, you can't say damn on the air.
[01:08:52.400 --> 01:08:54.680]  Oh, okay.
[01:08:54.680 --> 01:08:57.440]  You said damn on the air, but you can't say damn on the air.
[01:08:57.440 --> 01:08:59.440]  So we're not going to say-
[01:08:59.440 --> 01:09:00.440]  I'm glad you-
[01:09:00.440 --> 01:09:01.440]  Okay, go ahead.
[01:09:01.440 --> 01:09:03.000]  Glad you corrected me.
[01:09:03.000 --> 01:09:06.560]  Debra will skin us alive when she gets back.
[01:09:06.560 --> 01:09:11.680]  Well, oh, well, yeah.
[01:09:11.680 --> 01:09:12.680]  Damn.
[01:09:12.680 --> 01:09:14.520]  Damn, she's going to skin us alive.
[01:09:14.520 --> 01:09:15.520]  Damn.
[01:09:15.520 --> 01:09:16.520]  Oh, damn.
[01:09:16.520 --> 01:09:17.520]  Okay.
[01:09:17.520 --> 01:09:18.520]  Okay, okay.
[01:09:18.520 --> 01:09:19.520]  Enough of that.
[01:09:19.520 --> 01:09:20.520]  Okay.
[01:09:20.520 --> 01:09:22.000]  Good.
[01:09:22.000 --> 01:09:25.200]  Scott is getting a lot of attention.
[01:09:25.200 --> 01:09:29.640]  If we're going to fix this issue, the main thing we need is people paying attention to
[01:09:29.640 --> 01:09:30.640]  it.
[01:09:30.640 --> 01:09:33.800]  We get enough people looking at it.
[01:09:33.800 --> 01:09:39.560]  Out of all of those people that look at it, we will pull a few that are actually willing
[01:09:39.560 --> 01:09:42.560]  to go after these guys.
[01:09:42.560 --> 01:09:44.840]  The last thing they want is sunshine.
[01:09:44.840 --> 01:09:50.960]  The last thing they want is people looking at their shenanigans, so Scott's doing really
[01:09:50.960 --> 01:09:51.960]  good.
[01:09:51.960 --> 01:09:58.720]  Well, it's a lot of work, and I've been putting a lot of effort into it over the last few
[01:09:58.720 --> 01:10:00.960]  weeks, but it's all kind of starting to pay off.
[01:10:00.960 --> 01:10:05.320]  I mean, I've been doing a lot of these YouTube blogs and all this stuff.
[01:10:05.320 --> 01:10:13.440]  They call it Vblog, but so now there's a lot of people starting to follow, a lot of people
[01:10:13.440 --> 01:10:17.760]  paying attention, a lot of people waking up, a lot of people want to stand up and do the
[01:10:17.760 --> 01:10:22.160]  right thing.
[01:10:22.160 --> 01:10:28.840]  As we stand up and start showing people how this is done, then that gives them a backbone
[01:10:28.840 --> 01:10:30.880]  to want to do it, too, because it's a lot of effort.
[01:10:30.880 --> 01:10:34.480]  I mean, going to court and doing all that stuff, it could be a real pain in the butt.
[01:10:34.480 --> 01:10:38.880]  I mean, I'm not going to lie.
[01:10:38.880 --> 01:10:47.280]  It's daunting and as much of a pain as it is, it's something that we have to do or it's
[01:10:47.280 --> 01:10:48.600]  only going to get worse.
[01:10:48.600 --> 01:10:54.360]  Like the school lunch bully, just keep taking your burrito and finally you're just going
[01:10:54.360 --> 01:10:58.360]  to have to get hungry enough to want to keep your own burrito.
[01:10:58.360 --> 01:11:09.880]  Anyway, if we all just kind of focus on that and start showing and doing this, we just
[01:11:09.880 --> 01:11:19.920]  have to start doing it and then we'll all get better in the long run as we do this.
[01:11:19.920 --> 01:11:24.800]  With your system, it's going to make it a whole lot simpler for people, it's going to
[01:11:24.800 --> 01:11:31.160]  be so automated, then everybody will just read the docs and then go in there and almost
[01:11:31.160 --> 01:11:36.960]  just stand on your own paperwork.
[01:11:36.960 --> 01:11:46.560]  Part of what we're doing with the electronic paralegal is when I write these documents,
[01:11:46.560 --> 01:11:54.240]  I don't so much write them for the court, I write them as an educational tool for the
[01:11:54.240 --> 01:11:58.080]  people filing them.
[01:11:58.080 --> 01:12:07.120]  The court will understand what I'm talking about with a lot less specific language than
[01:12:07.120 --> 01:12:11.280]  I use because they do this all the time.
[01:12:11.280 --> 01:12:17.120]  But I write this for someone who's never seen it so that when we produce all these documents,
[01:12:17.120 --> 01:12:19.720]  we send them to them and they read these documents.
[01:12:19.720 --> 01:12:25.240]  If we've done our job right, they'll read the documents and understand what the law
[01:12:25.240 --> 01:12:34.640]  is and why the law is well constructed and why it makes sense the way we're asking them
[01:12:34.640 --> 01:12:40.960]  to do it and how the law commands these officials to do what we're asking them to do.
[01:12:40.960 --> 01:12:46.060]  So that when they file these things and then the courts don't do what they're required
[01:12:46.060 --> 01:12:50.280]  to do, you tend to feel betrayed.
[01:12:50.280 --> 01:12:53.640]  That really gets people annoyed and wound up.
[01:12:53.640 --> 01:13:01.160]  We're hoping that using this strategy will not only help people find remedy but educate
[01:13:01.160 --> 01:13:10.000]  them in the process and give them the confidence that they need to be able to go after them.
[01:13:10.000 --> 01:13:11.000]  Kind of like Scott.
[01:13:11.000 --> 01:13:19.040]  Well, y'all are going to have to put some effort into it, but I tell you what, I've
[01:13:19.040 --> 01:13:23.320]  got the court where they are being super nice.
[01:13:23.320 --> 01:13:26.280]  When they first started out, they were yelling at me.
[01:13:26.280 --> 01:13:31.960]  Now they call me Mr. Richardson and they don't step on me at all.
[01:13:31.960 --> 01:13:39.360]  So let me go ahead and get off here and I will talk to you probably Sunday then.
[01:13:39.360 --> 01:13:44.600]  Y'all have a good show, enjoy everything and whenever you get a chance, go to Snafu Radio
[01:13:44.600 --> 01:13:50.760]  on YouTube and catch up on some videos there and y'all have a good weekend.
[01:13:50.760 --> 01:13:51.760]  Thank you, Scott.
[01:13:51.760 --> 01:13:57.120]  Now we're going back to Phil in South Carolina.
[01:13:57.120 --> 01:14:01.400]  We were talking about one of the things that I'm kind of excited about and that's declaratory
[01:14:01.400 --> 01:14:02.400]  judgment.
[01:14:02.400 --> 01:14:11.040]  I have a friend in North Carolina that I addressed this issue with him and he took it to a lawyer
[01:14:11.040 --> 01:14:16.720]  friend of his and he said at first the lawyer kind of blew it off, but then the lawyer called
[01:14:16.720 --> 01:14:24.320]  him later after he had time to think about it and he said, you know, I think your guy
[01:14:24.320 --> 01:14:27.160]  is right.
[01:14:27.160 --> 01:14:34.000]  I don't know why we haven't been using declaratory judgment because you can go in with a declaratory
[01:14:34.000 --> 01:14:41.960]  judgment suit, which is much simpler, and get the court to give you rulings on points
[01:14:41.960 --> 01:14:43.760]  of law.
[01:14:43.760 --> 01:14:53.600]  Then you can bring those rulings back to a civil suit against these guys and the points
[01:14:53.600 --> 01:15:03.800]  that you need to prove your case are now res judicata, already been adjudicated.
[01:15:03.800 --> 01:15:12.980]  The elegance of this is if you're asking a judge to rule that one of his buddies or one
[01:15:12.980 --> 01:15:20.400]  of these other folks that have their snouts in the same trough has done something and
[01:15:20.400 --> 01:15:26.760]  you want them to pay you an ungodly fortune, well, the judge is going to be really reluctant
[01:15:26.760 --> 01:15:34.320]  to do that because if he starts rendering judgments against public officials, they're
[01:15:34.320 --> 01:15:38.240]  going to have a hard time finding public officials.
[01:15:38.240 --> 01:15:46.280]  But when you come in with a declaratory judgment, you're not asking to recover any damages from
[01:15:46.280 --> 01:15:48.920]  these individuals, so you're not really hurting them.
[01:15:48.920 --> 01:15:54.840]  You're just asking the judge to sanctify the rule of law, and that's a whole lot easier
[01:15:54.840 --> 01:15:57.240]  for him to do.
[01:15:57.240 --> 01:16:03.860]  He does not necessarily know that as soon as he does, you're going to run back to a
[01:16:03.860 --> 01:16:11.920]  civil action against the public official and use that judge's ruling to hang the official
[01:16:11.920 --> 01:16:13.840]  and go after him for money.
[01:16:13.840 --> 01:16:17.160]  Does that sound like fun, Sip Phil?
[01:16:17.160 --> 01:16:21.160]  So far it does, and it's a wonderful thing.
[01:16:21.160 --> 01:16:27.280]  I'd like to thank you and participating listeners like Scott and Olivier for all of everything.
[01:16:27.280 --> 01:16:33.200]  It gives me hope and makes me feel like I can take a little bit more control over how
[01:16:33.200 --> 01:16:36.660]  things go in my life.
[01:16:36.660 --> 01:16:39.120]  That is the reason we do this show.
[01:16:39.120 --> 01:16:40.120]  Hang on.
[01:16:40.120 --> 01:16:41.120]  Going to break.
[01:16:41.120 --> 01:16:48.160]  Kelly Kelton, Rule of Law Radio, our call-in number, 512-646-1984.
[01:16:48.160 --> 01:17:00.120]  We'll be right back.
[01:17:00.120 --> 01:17:01.240]  I love logos.
[01:17:01.240 --> 01:17:04.480]  Without the shows on this network, I'd be almost as ignorant as my friends.
[01:17:04.480 --> 01:17:07.280]  I'm so addicted to the truth now that there's no going back.
[01:17:07.280 --> 01:17:08.520]  I need my truth fixed.
[01:17:08.520 --> 01:17:13.200]  I'd be lost without logos, and I really want to help keep this network on the air.
[01:17:13.200 --> 01:17:16.960]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really don't
[01:17:16.960 --> 01:17:20.320]  have any money to give because I spent it all on supplements.
[01:17:20.320 --> 01:17:21.840]  How can I help logos?
[01:17:21.840 --> 01:17:23.880]  Well, I'm glad you asked.
[01:17:23.880 --> 01:17:26.760]  Whenever you order anything from Amazon, you can help logos.
[01:17:26.760 --> 01:17:29.240]  You can order them in your supplies or holiday gifts.
[01:17:29.240 --> 01:17:31.360]  First thing you do is clear your cookies.
[01:17:31.360 --> 01:17:34.640]  Now go to logosradionetwork.com.
[01:17:34.640 --> 01:17:37.720]  Click on the Amazon logo and bookmark it.
[01:17:37.720 --> 01:17:43.360]  Now when you order anything from Amazon, you use that link, and logos gets a few pesos.
[01:17:43.360 --> 01:17:44.360]  Do I pay extra?
[01:17:44.360 --> 01:17:45.360]  No.
[01:17:45.360 --> 01:17:47.040]  Do I have to do anything different when I order?
[01:17:47.040 --> 01:17:48.040]  No.
[01:17:48.040 --> 01:17:49.040]  Can I use my Amazon Prime?
[01:17:49.040 --> 01:17:50.040]  No.
[01:17:50.040 --> 01:17:51.040]  I mean, yes.
[01:17:51.040 --> 01:17:52.040]  Wow.
[01:17:52.040 --> 01:17:55.800]  Giving without doing anything or spending any money, this is perfect.
[01:17:55.800 --> 01:17:56.800]  Thank you so much.
[01:17:56.800 --> 01:17:58.520]  You're welcome.
[01:17:58.520 --> 01:18:02.760]  Happy holidays, logos.
[01:18:02.760 --> 01:18:08.880]  Use the 2017 Logos Radio Network Annual Fundraiser, sponsored by Central Texas Gunworks, Defense
[01:18:08.880 --> 01:18:10.880]  Distributed and Fat Sal's Deli.
[01:18:10.880 --> 01:18:14.160]  Go to logosradionetwork.com and enter to win.
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[01:18:40.800 --> 01:18:42.120]  That's logosradionetwork.com.
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[01:19:24.840 --> 01:19:25.840]  Okay.
[01:19:25.840 --> 01:19:26.840]  We are back.
[01:19:26.840 --> 01:19:32.360]  Randy Kelton, Rule of Law Radio, and we're talking to Phil from South Carolina.
[01:19:32.360 --> 01:19:34.320]  And Phil, we do need to finish up here.
[01:19:34.320 --> 01:19:36.560]  Do you have any more questions or comments for us?
[01:19:36.560 --> 01:19:37.560]  I'm just done.
[01:19:37.560 --> 01:19:42.640]  I just wanted to thank you and the other busy listeners for helping me and making me feel
[01:19:42.640 --> 01:19:43.640]  good.
[01:19:43.640 --> 01:19:48.160]  And I just sent you another email and I'd like to hear from them IRS folks you know
[01:19:48.160 --> 01:19:49.160]  something about.
[01:19:49.160 --> 01:19:50.160]  Okay.
[01:19:50.160 --> 01:19:52.600]  I saw the email.
[01:19:52.600 --> 01:19:54.000]  Thank you, Phil.
[01:19:54.000 --> 01:19:55.000]  Okay.
[01:19:55.000 --> 01:19:57.880]  Now we're going to Sonny in Georgia.
[01:19:57.880 --> 01:19:58.880]  Hello, Sonny.
[01:19:58.880 --> 01:20:00.880]  Good evening, Randy.
[01:20:00.880 --> 01:20:03.560]  How are you doing?
[01:20:03.560 --> 01:20:04.880]  I am doing good.
[01:20:04.880 --> 01:20:07.760]  I don't care what everybody says.
[01:20:07.760 --> 01:20:09.520]  That's great.
[01:20:09.520 --> 01:20:18.200]  Got a question about judges and impeachment.
[01:20:18.200 --> 01:20:29.480]  I've been reading in the Georgia Code and I found that you can go through the Judicial
[01:20:29.480 --> 01:20:34.040]  Conduct Commission or through the House of Representatives.
[01:20:34.040 --> 01:20:42.760]  And I found a code, 15-6-21, which provides some interesting relief.
[01:20:42.760 --> 01:20:53.040]  It says if any judge repeatedly or persistently fails or refuses to decide the various motions,
[01:20:53.040 --> 01:20:59.560]  such conduct shall be grounds for impeachment and the penalty, therefore, shall be his removal
[01:20:59.560 --> 01:21:01.560]  from office.
[01:21:01.560 --> 01:21:05.480]  Qua warranto.
[01:21:05.480 --> 01:21:06.480]  That's what that is.
[01:21:06.480 --> 01:21:07.480]  Wonderful.
[01:21:07.480 --> 01:21:14.360]  I was just talking to Ken Magnusson yesterday about qua warranto and he was suggesting that
[01:21:14.360 --> 01:21:25.520]  I add to my motions and pleadings a petition for qua warranto removal and the next day
[01:21:25.520 --> 01:21:27.840]  you come up with exactly the same thing.
[01:21:27.840 --> 01:21:28.840]  This is wonderful.
[01:21:28.840 --> 01:21:29.840]  Okay.
[01:21:29.840 --> 01:21:32.840]  Go ahead.
[01:21:32.840 --> 01:21:48.240]  Well, one of the things that I did find was that the House of Representatives can impeach
[01:21:48.240 --> 01:21:55.640]  this elected judge and I just didn't know if you had any experience or knowledge of
[01:21:55.640 --> 01:21:59.440]  how that process might work.
[01:21:59.440 --> 01:22:07.280]  The Judicial Conduct Commission, if you file something with them, if I understand it correctly,
[01:22:07.280 --> 01:22:14.520]  you can't really say too much about it or create any other stink with that or they get
[01:22:14.520 --> 01:22:17.840]  real unhappy.
[01:22:17.840 --> 01:22:29.000]  But if I were to send these criminal complaints, basically, to every member of the House, that
[01:22:29.000 --> 01:22:33.600]  could create a little political stink.
[01:22:33.600 --> 01:22:46.400]  With citing this statute, your representatives are, for the most part, just like us.
[01:22:46.400 --> 01:22:51.200]  Before they became representatives, they put up with the same kind of garbage that we have
[01:22:51.200 --> 01:22:53.460]  to put up with.
[01:22:53.460 --> 01:22:58.880]  Not all of them are lawyers and the ones that aren't lawyers, they're putting up with the
[01:22:58.880 --> 01:23:00.000]  same things we are.
[01:23:00.000 --> 01:23:03.040]  So this may be a very excellent tool.
[01:23:03.040 --> 01:23:10.240]  I know sending it to the legislators is absolutely an excellent strategy.
[01:23:10.240 --> 01:23:15.400]  From my perspective, I keep saying that you'll never win your case simply because you have
[01:23:15.400 --> 01:23:17.360]  the law and the facts on your side.
[01:23:17.360 --> 01:23:21.480]  You'll only win your case if you have the politics on your side.
[01:23:21.480 --> 01:23:29.440]  Sonny, what do you think is going to happen when you send this to all your representatives?
[01:23:29.440 --> 01:23:36.760]  For those of you who don't understand how the mechanism works, if you send a communication
[01:23:36.760 --> 01:23:43.920]  to your local elected official or your local elected politician, I'm not talking about
[01:23:43.920 --> 01:23:50.320]  local judge or something, but the higher level officials, they get lots of emails.
[01:23:50.320 --> 01:23:54.040]  So as a rule, they don't read their emails themselves, they have other people screen
[01:23:54.040 --> 01:23:56.000]  them.
[01:23:56.000 --> 01:24:04.840]  So when I write something to a political official, I don't exactly write it to the official himself.
[01:24:04.840 --> 01:24:10.240]  I write it to the political aide who's going to read it.
[01:24:10.240 --> 01:24:17.240]  And the political aide who's going to read it, what he wants to be able to do is bring
[01:24:17.240 --> 01:24:23.960]  something very useful to his boss.
[01:24:23.960 --> 01:24:35.160]  So when you write this, you want to frame it in a way that the clerk or the aide who
[01:24:35.160 --> 01:24:43.920]  reads it can say, we need to pull this one out of the stack and look very closely at
[01:24:43.920 --> 01:24:52.120]  it and where the aide can then bring a political plumb to his boss.
[01:24:52.120 --> 01:24:55.120]  Does that make sense, Sonny?
[01:24:55.120 --> 01:24:58.200]  Yes, it does.
[01:24:58.200 --> 01:25:05.160]  So if we do it that way, then we're appealing to the guy that we're pretty sure is going
[01:25:05.160 --> 01:25:07.240]  to be reading this document.
[01:25:07.240 --> 01:25:13.520]  If the actual legislator reads it himself, it'll still be just as effective.
[01:25:13.520 --> 01:25:19.080]  But we want to get that aide off the dime, and generally aides are easier to convince
[01:25:19.080 --> 01:25:22.480]  than the public official.
[01:25:22.480 --> 01:25:27.720]  And the aide has the public officials here.
[01:25:27.720 --> 01:25:33.680]  And the aides, they're not protected the way high level public officials are, so we play
[01:25:33.680 --> 01:25:34.680]  to them.
[01:25:34.680 --> 01:25:42.720]  And you know, I go down to the Senate subcommittee hearings in Austin, and they're considering
[01:25:42.720 --> 01:25:51.280]  legislation and they have an open forum so anyone can come down there and address them.
[01:25:51.280 --> 01:25:58.800]  I go down there and 90 percent of the people there are lawyers or representatives of companies
[01:25:58.800 --> 01:26:07.320]  that have vested interests, very few ordinary citizens.
[01:26:07.320 --> 01:26:19.720]  They're in a state of 26 million people, and almost nobody shows up.
[01:26:19.720 --> 01:26:29.800]  Those who do show up, they wield a surprising amount of power, because these public officials
[01:26:29.800 --> 01:26:36.200]  are sitting there listening to people with vested interests, and they know they're trying
[01:26:36.200 --> 01:26:41.720]  to convince them to do things that aren't necessarily right, but are within the interest
[01:26:41.720 --> 01:26:42.840]  of their employer.
[01:26:42.840 --> 01:26:50.440]  When they get someone who's an ordinary citizen, this is the guy that votes for me.
[01:26:50.440 --> 01:26:57.120]  You will be amazed at how much attention and deference they'll give to you, and how much
[01:26:57.120 --> 01:27:00.280]  influence you can have.
[01:27:00.280 --> 01:27:11.800]  And Sonny, sending this notice to every politician, the first thing that's going to happen is
[01:27:11.800 --> 01:27:17.300]  the aide who gets it is going to call back to the judge's office and ask for the judge's
[01:27:17.300 --> 01:27:20.840]  side of this.
[01:27:20.840 --> 01:27:27.960]  What do you think is going to happen if that judge gets 25 or 30 calls from different political
[01:27:27.960 --> 01:27:31.160]  aides around the state?
[01:27:31.160 --> 01:27:40.920]  I don't think the corners of his mouth are going to be pointing up.
[01:27:40.920 --> 01:27:46.520]  Up is not what I expect to see.
[01:27:46.520 --> 01:27:50.240]  At the end of the day, it's all about politics.
[01:27:50.240 --> 01:27:58.940]  If the judge finds out that you're putting his name in front of all of these legislators
[01:27:58.940 --> 01:28:04.120]  in a negative light, that's going to frighten him.
[01:28:04.120 --> 01:28:11.840]  The next time he runs for office, he's going to want his party to nominate him.
[01:28:11.840 --> 01:28:20.960]  But if everybody has been receiving documentation showing that he's a no-good, rotten scoundrel,
[01:28:20.960 --> 01:28:31.880]  or at least a potential political liability, they're likely to drop him like a hot rock.
[01:28:31.880 --> 01:28:33.840]  And he knows it.
[01:28:33.840 --> 01:28:37.640]  So yes, Sonny, this is a great idea.
[01:28:37.640 --> 01:28:42.000]  Can you send me a link to that statute?
[01:28:42.000 --> 01:28:44.600]  Yes, I can.
[01:28:44.600 --> 01:28:46.600]  I would very much like to look at that.
[01:28:46.600 --> 01:28:55.400]  These are the kinds of things that I want to weave into this litigation engine.
[01:28:55.400 --> 01:29:02.880]  The things that most lawyers never think about, that a pro se can think about it all he wants
[01:29:02.880 --> 01:29:10.840]  to, and things that will cause political pressure on the judges and prosecutors below us.
[01:29:10.840 --> 01:29:14.800]  This is how we're going to get him to change.
[01:29:14.800 --> 01:29:16.920]  Do you have anything else for us?
[01:29:16.920 --> 01:29:19.640]  Do you want to hold on to the other side, Sonny?
[01:29:19.640 --> 01:29:20.640]  Sure.
[01:29:20.640 --> 01:29:23.920]  I'd love to hold on to the other side.
[01:29:23.920 --> 01:29:33.840]  I would like to talk a little bit more about judges and some of the pressure that could
[01:29:33.840 --> 01:29:43.280]  be put on them, and some of the things that you might not want to do that could put you
[01:29:43.280 --> 01:29:49.080]  in jeopardy, like filing with the judicial conduct commission and then-
[01:29:49.080 --> 01:29:50.080]  Okay, okay.
[01:29:50.080 --> 01:29:51.080]  Hang on.
[01:29:51.080 --> 01:29:52.080]  We're about to go to break.
[01:29:52.080 --> 01:30:00.800]  The rule of law radio, our call-in number, 512-646-1984, we'll be right back.
[01:30:00.800 --> 01:30:02.880]  Is noise at work killing you?
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[01:30:04.240 --> 01:30:08.280]  A new study finds that hearing loss may be the least of your health worries in a loud
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[01:30:09.280 --> 01:30:12.880]  I'm Dr. Catherine Albrecht, and I'll be back to tell you more in just a moment.
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[01:30:43.320 --> 01:30:45.920]  Noise at work could be killing you, literally.
[01:30:45.920 --> 01:30:49.760]  A new study looked at employees who worked in noisy environments for at least a year
[01:30:49.760 --> 01:30:50.760]  and a half.
[01:30:50.760 --> 01:30:54.800]  They found their risk of serious heart trouble was triple that of employees who worked in
[01:30:54.800 --> 01:30:56.320]  a quiet environment.
[01:30:56.320 --> 01:30:58.200]  What is a noisy workspace?
[01:30:58.200 --> 01:31:02.040]  Researchers say if you have to raise your voice to carry on a normal conversation, it's
[01:31:02.040 --> 01:31:03.040]  noisy.
[01:31:03.040 --> 01:31:07.880]  By that definition, more than 22 million Americans face noise hazards on the job every day.
[01:31:07.880 --> 01:31:12.120]  If finding a quieter job isn't an option, take precautions to help offset the effects
[01:31:12.120 --> 01:31:13.220]  of noise.
[01:31:13.220 --> 01:31:17.480]  Use earplugs, take good care of yourself, and limit the other stressors in your life.
[01:31:17.480 --> 01:31:19.360]  I'm Dr. Catherine Albrecht.
[01:31:19.360 --> 01:31:30.720]  More news and information at CatherineAlbrecht.com.
[01:31:30.720 --> 01:31:36.080]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.080 --> 01:31:38.440]  The government says that fire brought it down.
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[01:33:30.600 --> 01:33:36.920]  We are back with the Logos Radio Network, and we're talking to Sonny in Georgia.
[01:33:36.920 --> 01:33:44.680]  Okay, Sonny, let's talk about how to get up here.
[01:33:44.680 --> 01:33:49.120]  Are you there, Sonny?
[01:33:49.120 --> 01:33:50.120]  Yes.
[01:33:50.120 --> 01:33:56.520]  All of a sudden, your volume went down, and you were a little bit more muffled.
[01:33:56.520 --> 01:34:05.800]  I seem to have a little bit with my mixer today, as we were addressing better with Debra,
[01:34:05.800 --> 01:34:13.400]  and she was not happy with how my mixer, when the mixer's gettin' low, and I think I'm gettin'
[01:34:13.400 --> 01:34:21.200]  some corrosion on some of these things, y'all, but does that sound any better?
[01:34:21.200 --> 01:34:26.520]  It is a little bit better during that whole time you were talking.
[01:34:26.520 --> 01:34:30.440]  There was a lot of fluctuation in the volume level.
[01:34:30.440 --> 01:34:35.480]  That's because I was moving the pot back and forth to try to...
[01:34:35.480 --> 01:34:37.960]  Is that any better, testing one, two, three?
[01:34:37.960 --> 01:34:40.120]  Oh, yes, much better.
[01:34:40.120 --> 01:34:43.240]  Okay, I'm gonna leave you where it's at, then.
[01:34:43.240 --> 01:34:49.740]  If I get a little too much gain, with my voice, my voice is all bass, and I have the bass
[01:34:49.740 --> 01:34:58.120]  on the mixer shut almost completely off, so I've got the mixer pretty hot, I've got bass
[01:34:58.120 --> 01:34:59.680]  and treble turned all the way off.
[01:34:59.680 --> 01:35:04.520]  I just turned up my treble a little bit, maybe give me a little more voice, but the mixer's
[01:35:04.520 --> 01:35:10.600]  gettin' a little old, so sometimes it gives me a little problem.
[01:35:10.600 --> 01:35:14.800]  Because I have no bass, I have the bass turned off, and I'm trying to get the treble to come
[01:35:14.800 --> 01:35:19.120]  up, sometimes if I'm not careful, I can start gettin' distortion, and that's what I'm tryin'
[01:35:19.120 --> 01:35:21.120]  to avoid.
[01:35:21.120 --> 01:35:26.360]  Okay, where were we?
[01:35:26.360 --> 01:35:35.120]  I was curious as to if there were any other situations that you are aware of where you
[01:35:35.120 --> 01:35:45.000]  would not want to go as far as publicity or things like that that might actually put you
[01:35:45.000 --> 01:35:53.400]  in harm's way, for example, with a judicial conduct commission complaint, they don't like
[01:35:53.400 --> 01:36:02.000]  you to say anything about it at all, especially in court or anything like that.
[01:36:02.000 --> 01:36:09.120]  But what if you file a complaint with the Attorney General or try to go to a grand jury
[01:36:09.120 --> 01:36:16.240]  or file— Well, any complaints that you file against
[01:36:16.240 --> 01:36:28.440]  a judge outside of the court will almost certainly be construed as to be irrelevant as to the
[01:36:28.440 --> 01:36:32.520]  adjudication of a case.
[01:36:32.520 --> 01:36:39.920]  Consider from the other side, a really bad guy, if all he needed to do was file complaints
[01:36:39.920 --> 01:36:48.880]  against the judge to get the judge sanctioned or removed, or some negative consequence,
[01:36:48.880 --> 01:36:53.280]  he would be filing them like crazy.
[01:36:53.280 --> 01:37:01.920]  So anything you file outside the court, the courts will rightfully construe or irrelevant
[01:37:01.920 --> 01:37:02.920]  in the case.
[01:37:02.920 --> 01:37:08.800]  And they're going to be unhappy with your bringing things that do not go to the adjudication
[01:37:08.800 --> 01:37:18.800]  of the case before the tribunal as being improperly prejudiced.
[01:37:18.800 --> 01:37:26.480]  However, at the end of the day, it's all political.
[01:37:26.480 --> 01:37:35.000]  I would tend not to bring that into court, because I advise people, if you're in court
[01:37:35.000 --> 01:37:40.320]  and you have filed a bar grievance against a lawyer on the other side, and he says anything
[01:37:40.320 --> 01:37:46.680]  about it, then you ask for sanctions against him, because he's required to keep his mouth
[01:37:46.680 --> 01:37:51.160]  shut about that, and it has nothing to do with the case at bar.
[01:37:51.160 --> 01:37:59.360]  So it's attempting to improperly influence the tribunal.
[01:37:59.360 --> 01:38:07.680]  So you want to try to avoid improperly influencing the tribunal.
[01:38:07.680 --> 01:38:13.960]  However, if you file these things, they are going to influence the tribunal.
[01:38:13.960 --> 01:38:17.720]  Whether you mention him in court or not, the court's going to find out about it, and they're
[01:38:17.720 --> 01:38:19.160]  not going to like it.
[01:38:19.160 --> 01:38:26.900]  But if the court mentions it, then that puts the court at risk.
[01:38:26.900 --> 01:38:33.440]  If the court raises an issue about your complaints against him in the courtroom, you should immediately
[01:38:33.440 --> 01:38:36.240]  move to recuse.
[01:38:36.240 --> 01:38:42.360]  Does that make sense, Sonny?
[01:38:42.360 --> 01:38:45.160]  Yes, it does.
[01:38:45.160 --> 01:38:53.640]  If you've already filed a motion to recuse, can you file just a new one or another one,
[01:38:53.640 --> 01:38:57.880]  or would you amend one?
[01:38:57.880 --> 01:39:04.080]  You can file another one if you have new grounds.
[01:39:04.080 --> 01:39:09.440]  As often as you have new grounds, you can file another one.
[01:39:09.440 --> 01:39:19.280]  And most of the things that you could file to recuse are going to border on criminal.
[01:39:19.280 --> 01:39:28.060]  So you might consider the criminal side, and I find the criminal side to be much more effective.
[01:39:28.060 --> 01:39:36.720]  These judges pretty well feel like the court of appeals is going to be weighted in their
[01:39:36.720 --> 01:39:37.720]  favor.
[01:39:37.720 --> 01:39:44.960]  They're not going to feel the same way about a grand jury of your peers.
[01:39:44.960 --> 01:39:47.700]  Your peers, not their peers.
[01:39:47.700 --> 01:39:52.640]  And judges tend to think that if you don't like my ruling, you can appeal it to a court
[01:39:52.640 --> 01:39:53.640]  of appeals.
[01:39:53.640 --> 01:39:55.800]  Yeah, you can.
[01:39:55.800 --> 01:40:05.480]  But if the opinion or if the action of the judge complained of had the effect of failing
[01:40:05.480 --> 01:40:10.120]  to perform a duty they're required to perform or exerting a reporting to exert an authority
[01:40:10.120 --> 01:40:15.200]  they do not expressly have, and in the process denying the accused and the full and free
[01:40:15.200 --> 01:40:20.360]  access to enjoyment rights, well, that's a crime.
[01:40:20.360 --> 01:40:24.020]  That's a class A misdemeanor.
[01:40:24.020 --> 01:40:28.480]  So certainly you can file an appeal to the court of appeals.
[01:40:28.480 --> 01:40:30.920]  You can file a judicial conduct complaint.
[01:40:30.920 --> 01:40:37.000]  You can even file to the higher court for sanctions.
[01:40:37.000 --> 01:40:39.560]  And they're used to that.
[01:40:39.560 --> 01:40:49.480]  And they understand that these other judges all have their snouts in the same trough.
[01:40:49.480 --> 01:40:54.180]  But they know that a grand jury doesn't have their snout in that trough.
[01:40:54.180 --> 01:40:58.980]  Now they know that the prosecuting attorney is likely to shield your complaints from the
[01:40:58.980 --> 01:41:02.120]  grand jury.
[01:41:02.120 --> 01:41:05.400]  But they're not certain.
[01:41:05.400 --> 01:41:12.800]  And even if the prosecutor does, you have recourse for that, I'd like taking them on
[01:41:12.800 --> 01:41:19.740]  in a way that's indirect this way.
[01:41:19.740 --> 01:41:21.600]  You're not taking on their courtroom.
[01:41:21.600 --> 01:41:26.680]  You're going somewhere else where they don't have any control over what you're doing.
[01:41:26.680 --> 01:41:31.000]  You're trying to get someone else to impeach the judge or to remove him from the bench
[01:41:31.000 --> 01:41:35.640]  or to indict him and get him put in jail.
[01:41:35.640 --> 01:41:38.680]  These are things you can't do anything about.
[01:41:38.680 --> 01:41:42.000]  You can just sit there and hope you don't win.
[01:41:42.000 --> 01:41:50.260]  So any way we can get after these corrupt judges, we absolutely need to.
[01:41:50.260 --> 01:41:54.520]  Besides fun, Sonny, that's going to be, that's the fun part of this.
[01:41:54.520 --> 01:41:56.760]  You've been through the hard part.
[01:41:56.760 --> 01:42:06.040]  Yeah, when you mentioned the grand jury, are you referring to like a federal grand jury
[01:42:06.040 --> 01:42:09.200]  or like a county?
[01:42:09.200 --> 01:42:13.720]  Most states have state grand juries, not all, and they're not required to.
[01:42:13.720 --> 01:42:20.480]  But if they do have grand juries, I always want to go to a state grand jury first.
[01:42:20.480 --> 01:42:27.280]  Some states deny you access to a grand jury like Pennsylvania.
[01:42:27.280 --> 01:42:34.320]  In Pennsylvania, only the prosecuting attorney or the court of common pleas judge can go
[01:42:34.320 --> 01:42:36.720]  to a grand jury.
[01:42:36.720 --> 01:42:40.640]  However, you have other remedies.
[01:42:40.640 --> 01:42:50.680]  In Pennsylvania's case, if the judge doesn't do what you believe he should do, you can
[01:42:50.680 --> 01:42:58.040]  appeal his failure to the higher courts and you can appeal it all the way up to the Supreme.
[01:42:58.040 --> 01:43:05.120]  If you file a criminal complaint in Pennsylvania, the prosecuting attorney has first blush.
[01:43:05.120 --> 01:43:09.800]  But if you don't like his opinion, you have standing under like other states.
[01:43:09.800 --> 01:43:15.360]  So you can appeal the prosecutor's determination all the way up to the Supreme.
[01:43:15.360 --> 01:43:22.720]  So while we don't have grand juries everywhere, where we don't have grand juries, we still
[01:43:22.720 --> 01:43:29.560]  have remedy because every state is filled with scoundrels.
[01:43:29.560 --> 01:43:34.040]  And these scoundrels need a way to protect themselves from each other.
[01:43:34.040 --> 01:43:35.040]  Okay.
[01:43:35.040 --> 01:43:41.360]  Do you have anything else for us, Sonny?
[01:43:41.360 --> 01:43:47.520]  One question about the prosecutor and the clerk of court.
[01:43:47.520 --> 01:43:48.520]  Okay.
[01:43:48.520 --> 01:43:49.520]  Hang on.
[01:43:49.520 --> 01:43:50.520]  Going to break.
[01:43:50.520 --> 01:43:52.480]  Randy Kelton with our radio.
[01:43:52.480 --> 01:43:56.440]  I'll call in number 512-646-1984.
[01:43:56.440 --> 01:43:58.440]  We'll be right back.
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[01:46:23.000 --> 01:46:26.280]  Okay.
[01:46:26.280 --> 01:46:27.280]  We are back.
[01:46:27.280 --> 01:46:30.440]  Randy Kelton with Rule of Law Radio and we're talking to Sonny in Georgia.
[01:46:30.440 --> 01:46:33.480]  Okay, Sonny had another question.
[01:46:33.480 --> 01:46:35.680]  Yes.
[01:46:35.680 --> 01:46:46.480]  The clerk of the court received the open records request from me for a copy of the verified
[01:46:46.480 --> 01:46:55.440]  statement that the prosecutor relied upon to initiate this prosecution against me and
[01:46:55.440 --> 01:47:04.200]  I did not get any kind of response back from the clerk of the court within the three days,
[01:47:04.200 --> 01:47:11.880]  which would be a violation of the open records request law in Georgia.
[01:47:11.880 --> 01:47:25.000]  So does, hold on, does the open records apply in a criminal prosecution?
[01:47:25.000 --> 01:47:33.440]  Reason I asked that in Texas, the code says that once a prosecution is commenced, open
[01:47:33.440 --> 01:47:41.840]  records law does not apply because the courts want to allow the judge to control the decision.
[01:47:41.840 --> 01:47:51.120]  They do not want the open records law to preempt the authority of the judge.
[01:47:51.120 --> 01:47:57.440]  If that were the case in Georgia, since the trial is over and I filed a motion for a new
[01:47:57.440 --> 01:48:02.920]  trial, do you think that would still apply?
[01:48:02.920 --> 01:48:05.480]  Would not apply.
[01:48:05.480 --> 01:48:10.160]  If there's been an adjudication in the case, it wouldn't apply.
[01:48:10.160 --> 01:48:17.600]  There is essentially a final determination in the case until the motion for reconsideration
[01:48:17.600 --> 01:48:19.440]  is considered.
[01:48:19.440 --> 01:48:23.880]  So no, in that case, I don't believe it would apply at all.
[01:48:23.880 --> 01:48:26.600]  Did you say three days in Georgia?
[01:48:26.600 --> 01:48:27.760]  Yes.
[01:48:27.760 --> 01:48:39.280]  Yes, they have three days to fulfill the request or to respond, which if they respond, I can
[01:48:39.280 --> 01:48:45.320]  tell you, well, we'll get it to you in a week, I suppose, but they didn't respond.
[01:48:45.320 --> 01:48:55.800]  And one interesting thing is that the Attorney General has issued an opinion that whenever
[01:48:55.800 --> 01:49:03.680]  an open records request is received, if they are not going to comply, then they have to
[01:49:03.680 --> 01:49:10.800]  state the statute that they rely upon for that determination.
[01:49:10.800 --> 01:49:11.800]  Okay.
[01:49:11.800 --> 01:49:17.200]  Do you have a official misconduct statute in Georgia?
[01:49:17.200 --> 01:49:23.800]  Let me be more specific.
[01:49:23.800 --> 01:49:33.660]  The Ku Klux Klan Act, 18 U.S. Code 242, essentially says that if a public official fails to perform
[01:49:33.660 --> 01:49:39.840]  a duty he is required to perform or exerts or purports to exert an authority he does
[01:49:39.840 --> 01:49:45.360]  not expressly have and in the process denies a citizen full and free access to or enjoyment
[01:49:45.360 --> 01:49:48.360]  right, that's crime in every state.
[01:49:48.360 --> 01:49:55.160]  You're going to have an official misconduct statute in Georgia that mimics 18 U.S. Code
[01:49:55.160 --> 01:49:57.440]  242.
[01:49:57.440 --> 01:50:01.880]  So it's kind of a catchall.
[01:50:01.880 --> 01:50:08.080]  The clerk had a duty to provide public records.
[01:50:08.080 --> 01:50:13.960]  The clerk failed to perform the duty and in the process denied you the full and free access
[01:50:13.960 --> 01:50:21.000]  to or enjoyment of a right and that right being the right to a public court.
[01:50:21.000 --> 01:50:29.000]  That's generally a Class A misdemeanor and it is your duty as a conscientious citizen
[01:50:29.000 --> 01:50:34.080]  to give notice to some magistrate of the crime.
[01:50:34.080 --> 01:50:40.560]  What do you think?
[01:50:40.560 --> 01:50:41.560]  What about the prosecutor?
[01:50:41.560 --> 01:50:50.960]  Would it be better to go since the prosecutor is supposed to prosecute those?
[01:50:50.960 --> 01:51:02.640]  Do you have code in Georgia that authorizes a prosecutor to act on a criminal complaint
[01:51:02.640 --> 01:51:04.840]  presented to him?
[01:51:04.840 --> 01:51:09.640]  Let me explain why I asked the question that way.
[01:51:09.640 --> 01:51:18.960]  In Texas there is nothing that directs a criminal complaint to a prosecuting attorney.
[01:51:18.960 --> 01:51:22.440]  All complaints are directed to some magistrate.
[01:51:22.440 --> 01:51:28.440]  However there is provision in law that says that if a prosecutor hasn't made known to
[01:51:28.440 --> 01:51:33.160]  him that a crime has been committed, then it tells the prosecutor what he's supposed
[01:51:33.160 --> 01:51:34.160]  to do.
[01:51:34.160 --> 01:51:41.200]  It doesn't require that it be given to him but if it is given to him, he has authority
[01:51:41.200 --> 01:51:42.760]  to act on it.
[01:51:42.760 --> 01:51:48.280]  Does the prosecutor have authority to act on a complaint presented to him that he did
[01:51:48.280 --> 01:51:54.440]  not receive from some magistrate?
[01:51:54.440 --> 01:51:59.040]  I don't know for certain that answer.
[01:51:59.040 --> 01:52:05.120]  Why I said it that way, when a magistrate in Texas holds an examining trial, after the
[01:52:05.120 --> 01:52:13.380]  examining trial, if the magistrate finds probable cause, he is to issue an order stating
[01:52:13.380 --> 01:52:15.680]  that he found probable cause.
[01:52:15.680 --> 01:52:23.200]  If the person was arrested without a warrant, he is to issue a warrant that 1617 is the
[01:52:23.200 --> 01:52:28.980]  order, 1620 is the warrant, then he is to seal up all these documents, cause his name
[01:52:28.980 --> 01:52:34.240]  to be written across the seal of the envelope and forward it to the court of jurisdiction.
[01:52:34.240 --> 01:52:44.040]  When the clerk receives the complaint, in either case, they're required – no.
[01:52:44.040 --> 01:52:46.980]  The clerk receives the complaint.
[01:52:46.980 --> 01:52:56.320]  In Texas law, there is nothing directing a complaint to a prosecuting attorney.
[01:52:56.320 --> 01:53:01.640]  How they get it is not in law, it's just practice.
[01:53:01.640 --> 01:53:11.000]  So is the prosecutor authorized to act on the complaint you bring to him or must he
[01:53:11.000 --> 01:53:15.820]  receive the complaint from some other place?
[01:53:15.820 --> 01:53:21.600]  Because at the end of the day, the prosecutor is just a lawyer and the state is the lawyer's
[01:53:21.600 --> 01:53:22.600]  client.
[01:53:22.600 --> 01:53:29.300]  I would have to look that up.
[01:53:29.300 --> 01:53:36.720]  I know that you can file a complaint with the office of the attorney general and they
[01:53:36.720 --> 01:53:46.360]  will mediate but not necessarily represent you in the court.
[01:53:46.360 --> 01:53:51.440]  Does the attorney general in the state of Georgia have prosecutorial power?
[01:53:51.440 --> 01:53:57.480]  Okay, let me explain again why I ask the question that way.
[01:53:57.480 --> 01:54:09.360]  In Texas, the attorney general only has original prosecutorial authority in the matter of a
[01:54:09.360 --> 01:54:16.120]  complaint against a public official for violating the Open Records Act.
[01:54:16.120 --> 01:54:18.440]  That's it.
[01:54:18.440 --> 01:54:24.880]  The attorney general is authorized to assist a local prosecuting attorney if requested
[01:54:24.880 --> 01:54:28.940]  to do so.
[01:54:28.940 --> 01:54:30.840]  How does that work in Georgia?
[01:54:30.840 --> 01:54:34.120]  It will be right at the front.
[01:54:34.120 --> 01:54:42.320]  There will be a section on duties of officers as a rule, but we need to know how that works.
[01:54:42.320 --> 01:54:49.680]  I'll have to look that up.
[01:54:49.680 --> 01:54:51.720]  Am I giving you some homework?
[01:54:51.720 --> 01:54:52.720]  Yeah.
[01:54:52.720 --> 01:55:01.360]  I realize I'm being pedantic, but I'm being pedantic about these because these are issues
[01:55:01.360 --> 01:55:08.880]  I've came up with that got me stepped on when I'm trying to go after these guys.
[01:55:08.880 --> 01:55:15.160]  When I tell a prosecuting attorney that I want him to do something, I will have the
[01:55:15.160 --> 01:55:22.000]  law behind me that says explicitly that he must do these things.
[01:55:22.000 --> 01:55:29.280]  If you're going to go after these officials at this level, you have to do your homework,
[01:55:29.280 --> 01:55:31.080]  but at the end of the day, it's not that hard.
[01:55:31.080 --> 01:55:34.280]  This is a really focused subject.
[01:55:34.280 --> 01:55:41.560]  Sonny, have I given you a headache yet?
[01:55:41.560 --> 01:55:46.100]  No, no, not at all.
[01:55:46.100 --> 01:56:05.620]  Depending on a motion for a new trial, if you have new evidence, and by new evidence,
[01:56:05.620 --> 01:56:12.300]  I'm thinking of the void for vagueness doctrine, do you think that would be considered new
[01:56:12.300 --> 01:56:15.600]  evidence, newly discovered evidence?
[01:56:15.600 --> 01:56:16.600]  No.
[01:56:16.600 --> 01:56:23.880]  Void for vagueness doctrine is a legal argument that needed to be pled.
[01:56:23.880 --> 01:56:32.160]  If you found a new witness or some documents that were hidden from you before the trial,
[01:56:32.160 --> 01:56:41.280]  that could be construed new evidence, but a legal argument that cannot.
[01:56:41.280 --> 01:56:47.040]  Usually you appeal on the facts and the application of the law to the facts by the judge.
[01:56:47.040 --> 01:56:54.200]  If you come up with new law, then generally you can bring that in because the judge is
[01:56:54.200 --> 01:57:01.000]  presumed to know all of the law.
[01:57:01.000 --> 01:57:07.120]  What about if they use the wrong law?
[01:57:07.120 --> 01:57:16.560]  What I mean by that is that the charging statute that the judge read to the jury was an amended
[01:57:16.560 --> 01:57:25.120]  statute that included verbiage about a trailer, whereas when the citation was written, it
[01:57:25.120 --> 01:57:30.560]  did not include anything about trailers.
[01:57:30.560 --> 01:57:35.040]  I'm not sure how to answer that.
[01:57:35.040 --> 01:57:42.280]  It depends on what that information went to, whether or not the information about a trailer
[01:57:42.280 --> 01:57:45.520]  was relevant or not.
[01:57:45.520 --> 01:57:52.080]  I think it would be in my case because I was pulling a trailer that had a bobcat on it
[01:57:52.080 --> 01:57:58.320]  and it was an unsecured load statute.
[01:57:58.320 --> 01:58:08.280]  I'm thinking that they added that to the statute because they probably had their lunch handed
[01:58:08.280 --> 01:58:15.120]  to them a few times in court where they couldn't make it stick, so they had to go back and
[01:58:15.120 --> 01:58:22.040]  add this part about trailers to the statute.
[01:58:22.040 --> 01:58:25.920]  It's still a little too general for me to be able to make sense out of exactly what
[01:58:25.920 --> 01:58:28.280]  you're asking.
[01:58:28.280 --> 01:58:29.840]  But hang on, we're about to go to break.
[01:58:29.840 --> 01:58:37.200]  Randy Kelton, Roo of Law Radio, our call-in number, 512-646-1984.
[01:58:37.200 --> 01:58:41.360]  We've got four callers on the board.
[01:58:41.360 --> 01:58:47.600]  The board will hold one more, but if you call and can't get in, wait until somebody drops
[01:58:47.600 --> 01:58:50.320]  off and call back, we'll be back.
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