ROL_2017-12-15_16k_Hr1-2.timecode

[00:00.000 --> 00:05.780]  The following news flash is brought to you by The Low Star Lowdown, providing the jelly
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[00:13.480 --> 00:21.360]  into the tides of the alternative.
[00:21.360 --> 00:27.760]  Markets for Wednesday to 6th of December, 2017, closed with gold at $1,263.31 nouns,
[00:27.760 --> 00:36.080]  over $15.95 nouns, Texas Crude $57.62 a barrel, Bitcoin is at an all-time high at $13,670
[00:36.080 --> 00:43.520]  U.S. currency, and Dashcoin is about $715 U.S. fiat.
[00:43.520 --> 00:49.400]  Today in History, the year 1897, London becomes the world's first city to host licensed taxi
[00:49.400 --> 00:50.400]  cabs.
[00:50.400 --> 00:53.560]  Today in History.
[00:53.560 --> 00:56.880]  In recent news, President Trump said from the diplomatic reception room of the White
[00:56.880 --> 01:00.960]  House earlier today that the United States will formally recognize Jerusalem as the capital
[01:00.960 --> 01:05.240]  of Israel, with announcing preparations to move the United States embassy from Tel Aviv
[01:05.240 --> 01:06.240]  to the city of God.
[01:06.240 --> 01:10.560]  It's a fail to take note of one simple economic reality, that is that the ISPs who decided
[01:10.560 --> 01:15.360]  to artificially block or slow down certain Web site traffic would lose business to providers
[01:15.360 --> 01:19.840]  who didn't, and give an exclusive treatment to some sites in exchange for payments, not
[01:19.840 --> 01:24.240]  only a standard business model, but only make sense considering the flow given in science.
[01:24.240 --> 01:29.480]  Now to mention, we don't recall what widespread content was being censored before the enforcement
[01:29.480 --> 01:33.800]  of the also benevolently sounding net neutrality regulation.
[01:33.800 --> 01:38.480]  During a speech at a R Street Institute event, Pa'i stated that quote when it comes to a
[01:38.480 --> 01:43.120]  free and open Internet, Twitter is part of the problem, and that the company has a viewpoint
[01:43.120 --> 01:45.640]  that it uses that viewpoint to discriminate.
[01:45.640 --> 01:49.920]  Similar sentiments were stated towards the many online giants who support net neutrality,
[01:49.920 --> 01:54.080]  stating that quote, they may cloak their advocacy and public interest, but the real interest
[01:54.080 --> 01:59.280]  of these Internet giants is in using the regulatory process to cement their dominance in the Internet
[01:59.280 --> 02:00.680]  economy.
[02:00.680 --> 02:05.200]  Only intensive research and an evaluation of incentives will reveal whether net neutrality
[02:05.200 --> 02:09.480]  is a chronic takeover or not.
[02:09.480 --> 02:12.760]  The Holcomb family, who lost eight members including a woman who was pregnant in the
[02:12.760 --> 02:17.200]  mass church shooting in First Baptist Church in Sutherland Springs, Texas, has filed a
[02:17.200 --> 02:21.480]  wrongful death claim against the U.S. military, claiming that the Air Force's knowledge
[02:21.480 --> 02:25.000]  in the United States is a completely different story.
[02:25.000 --> 02:31.000]  Let's look at the sources.
[02:31.000 --> 02:32.000]  Okay.
[02:32.000 --> 02:33.000]  Howdy, howdy.
[02:33.000 --> 02:36.080]  This is Randy Kelton, who wrote a radio on this Friday the 15th day of December 2000.
[02:36.080 --> 02:40.000]  This is sorted out in a minute.
[02:40.000 --> 02:42.960]  Friday the 15th day of December 2000.
[02:42.960 --> 02:48.920]  This is our four hour info marathon.
[02:48.920 --> 02:50.160]  We have the phone lines open.
[02:50.160 --> 02:59.280]  We'll have them open all night. So if you have a question or a comment, give us a call 512-646-1984.
[03:00.800 --> 03:14.400]  Okay, let me start out by talking about the electronic paralegal. It is I have the software
[03:14.400 --> 03:23.680]  up and working in the process of trying to load the software with content and that turns
[03:23.680 --> 03:38.560]  out to be a rather large job to do. So I'm working on that. I thought, you know, in building this
[03:38.560 --> 03:48.880]  thing and so involved in building the software that I hadn't looked far enough ahead into what I
[03:48.880 --> 03:54.000]  do once I have the software and I now have the software up and working and now I'm trying to
[03:54.000 --> 04:01.600]  develop content to put on top of that software and it's taking a little more sophistication than I
[04:01.600 --> 04:14.800]  anticipated. But it's moving along. I'm going to make sure my call boards are up. I think the
[04:14.800 --> 04:23.200]  call boards are up. I'm turning on the phones. The phone lines now are open and ready to take
[04:23.200 --> 04:39.520]  calls. Okay, but I'm setting up the traffic ticket website so that it will be a beta site,
[04:40.880 --> 04:46.160]  a site where we can test everything out. It looks like my phone lines are up because my
[04:46.160 --> 04:56.480]  call boards are full. I don't have it exactly implemented just yet, but probably by the end
[04:56.480 --> 05:06.080]  of this week I will have the traffic ticket website implemented in a way that I'll have
[05:06.080 --> 05:13.920]  my first major questionnaire up and online so that when you run a ticket through it then
[05:13.920 --> 05:21.360]  you will one thing you'll get the documents immediately and that's been a problem I've had
[05:21.360 --> 05:28.080]  to build documents by hand prior to this, but now that the software is up and working I don't
[05:28.080 --> 05:34.240]  have to build documents anymore the system will create them as you answer the questions.
[05:34.240 --> 05:46.720]  We have that portion of the site that builds the documents. There's a standard set of documents
[05:46.720 --> 05:52.880]  that files in every case. We have the site set up for that and by the end of the week we'll have
[05:52.880 --> 06:00.560]  the site set up so that not only will it have the standard set of documents but then it'll have a
[06:00.560 --> 06:12.000]  questionnaire to isolate any other issues in the issuance of the ticket that may indicate
[06:12.000 --> 06:19.200]  other documents to be filed and then as you answer the questions you'll be able to see
[06:19.200 --> 06:24.640]  how it builds the documents as you move ahead. I know I'm stumbling here. I'm trying to work
[06:24.640 --> 06:33.520]  out a way to explain this elegantly and I don't have that worked out yet so since I have a full
[06:33.520 --> 06:42.240]  board of callers I'm going to shut up now and go to the phones and let's start with Scott. Hello Scott
[06:43.200 --> 06:52.720]  what do you have for us today? Oh well I kind of had one question when it comes to
[06:52.720 --> 07:02.560]  the subject matter jurisdiction and you know in the documents that we got it has the criminal
[07:02.560 --> 07:09.360]  complaint against the officer but when I was talking to Jay a little bit about it he was like well
[07:10.080 --> 07:14.880]  if you make a challenge the subject matter jurisdiction you make the challenge and then
[07:14.880 --> 07:25.840]  you don't raise any other issue so if that criminal complaint is actually in the subject matter
[07:25.840 --> 07:31.440]  jurisdiction and we you know we're challenging their jurisdiction and then raise the complaint
[07:32.160 --> 07:37.840]  you know a criminal complaint and that hands jurisdiction back over to the court so then
[07:37.840 --> 07:46.400]  does it negate the subject matter jurisdiction? No you didn't hand subject matter jurisdiction
[07:46.400 --> 07:56.320]  over to the court. When you made a criminal accusation you handed jurisdiction to the magistrate
[07:57.360 --> 08:07.040]  for the limited purpose of the criminal accusation. The court doesn't have jurisdiction until a
[08:07.040 --> 08:15.120]  magistrate has issued an order under 16.17 Texas Code of Criminal Procedure and a order
[08:15.120 --> 08:22.880]  issued under 16.17 is issued in an examining trial and only a magistrate can hold an examining
[08:22.880 --> 08:32.320]  trial not a judge so the criminal complaint invokes the duty of the the judge in his capacity as a
[08:32.320 --> 08:44.320]  magistrate not as the judge. Am I making sense here? Yeah so let me give you a little better
[08:44.320 --> 08:53.120]  example of subject matter jurisdiction. Tim in Texas he calls in about the issue where he has a
[08:55.440 --> 08:59.920]  auto repair shop and they're going after him for vehicles there to be
[08:59.920 --> 09:08.880]  worked on that they're calling junk vehicles. Well the first thing we did was file a challenge
[09:08.880 --> 09:15.280]  subject matter jurisdiction. They ignored it. We filed for summary judgment. They ignored it.
[09:15.280 --> 09:22.800]  They refused it. Excuse me they refused to set a hearing for it. Sorry my mixer's in a wrong
[09:22.800 --> 09:32.160]  place and I couldn't reach the mute button. We challenged their subject matter jurisdiction.
[09:33.120 --> 09:39.360]  They didn't respond to it. They held a hearing I won't go into all the details but they held
[09:39.360 --> 09:46.800]  an improper hearing and got an adjudication improperly so that's what we filed the subject
[09:46.800 --> 09:53.760]  matter jurisdiction on. They refused to answer and just moved ahead as if that was a valid hearing
[09:53.760 --> 10:01.120]  and the determination was a final determination. So they filed a suit in the district court
[10:02.400 --> 10:13.440]  to collect on this improper adjudication. We filed a answer and counterclaim claiming that
[10:13.440 --> 10:24.480]  they did not have jurisdiction because the petitioner lacked the
[10:26.800 --> 10:29.920]  standing to invoke subject matter jurisdiction of the court
[10:31.680 --> 10:39.200]  and we filed a counterclaim against the petitioner. So they came back with an answer saying that
[10:39.200 --> 10:45.840]  well since the petitioner since the counter the defendant or counterclaimant
[10:47.360 --> 10:51.920]  challenged subject matter jurisdiction therefore the court doesn't have jurisdiction over
[10:52.480 --> 11:04.000]  petitioners claim either. So that acted as a admission to the fact that they didn't have
[11:04.000 --> 11:11.680]  jurisdiction and they made the presumption that since the court didn't have jurisdiction
[11:12.400 --> 11:18.240]  over their claim it necessarily didn't have jurisdiction over our claim.
[11:20.640 --> 11:26.400]  Not how jurisdiction works. Jurisdiction is based on claims.
[11:26.400 --> 11:32.560]  When you go before the court like in your case where you
[11:33.520 --> 11:40.160]  challenge the judge's jurisdiction over the opposing sides claim
[11:41.920 --> 11:52.320]  you only give the court authority to do two things. One is to
[11:52.320 --> 12:01.840]  hold an examining trial hold a hearing to determine jurisdiction the other is to dismiss.
[12:03.840 --> 12:07.920]  Now even if the court doesn't have subject matter jurisdiction they can dismiss
[12:07.920 --> 12:13.760]  and that's what you want them to do. Now that is an exercise of jurisdiction but only to the degree
[12:14.960 --> 12:20.560]  that the judge agrees that it doesn't have jurisdiction and closes out the case and that
[12:20.560 --> 12:27.920]  should make sense to anybody. Otherwise the court will always have jurisdiction to hear
[12:27.920 --> 12:37.120]  the challenge subject matter jurisdiction claim. That's the only jurisdiction you give the court
[12:37.120 --> 12:48.160]  and okay this goes to this ongoing seemingly misunderstanding about the nature of jurisdiction.
[12:48.160 --> 12:55.440]  We have a lot of the patriot community talking about the things you can do to grant the court
[12:55.440 --> 13:02.640]  jurisdiction and that's really not the best way to think about this. It's better to think about
[13:02.640 --> 13:12.320]  this as a contract. You think of it in terms of your entering into a contract with the court.
[13:12.320 --> 13:22.800]  Now if I got Harmon Taylor on here he would say that everything here is by contract and yes it is
[13:24.880 --> 13:34.560]  but for the most part it's hard for most people to wrap their head around the contractual nature
[13:34.560 --> 13:45.920]  of the engagements that we're in. The contract side of what we're doing is when you if you're
[13:45.920 --> 13:57.760]  charged say with a penal violation the courts will say that when you entered into the territorial
[13:57.760 --> 14:07.600]  jurisdiction you entered into an adhesion contract where you agreed to abide by the
[14:08.720 --> 14:16.480]  common law and the only common law we the courts talked to is penal code. Penal code is
[14:16.480 --> 14:22.880]  construed now as the common law and anybody within the jurisdiction is construed with
[14:22.880 --> 14:35.600]  being in an adhesion contract to abide by this common law so that you effectively enter into
[14:35.600 --> 14:41.600]  that contract with the state just by being here. Now you can opt out of the contract with the state
[14:41.600 --> 14:49.680]  just by getting out of the state. Certainly your call but the state is saying as long as you come
[14:49.680 --> 14:59.040]  within my the boundaries of my jurisdiction this contract you're bound to. Now traffic
[14:59.040 --> 15:09.040]  contract that's a different issue. It takes different circumstances for you to be engaged
[15:09.040 --> 15:15.360]  in the traffic contract the transportation code drug contract that you have to fill out an application.
[15:15.360 --> 15:24.240]  You fill out an application for a driver's license and in doing so you agree to the contractual
[15:24.240 --> 15:34.320]  conditions of the transportation code. Am I making sense Scott? Yeah that's so yeah okay you don't
[15:34.320 --> 15:39.600]  sound like I make sense because he sounds like I've confused you more than when you started.
[15:39.600 --> 15:48.000]  Okay you're in a contract and you can't change the
[15:50.560 --> 16:00.880]  the tenants or the covenants of the contract so if the contract says that the court has a
[16:00.880 --> 16:08.880]  jurisdiction in certain circumstances you can't give it to the judge or take it away from the
[16:08.880 --> 16:21.040]  judge. The two types of jurisdiction available to the court are subject matter and in personum.
[16:22.960 --> 16:30.400]  In personum you can grant by what you do if you go to the court and ask the court to take
[16:30.400 --> 16:40.320]  an action in your behalf or if you fail to challenge the court's jurisdiction over you as a person.
[16:42.880 --> 16:51.040]  I'm sorry if you do anything that and let me think of the right way to say this
[16:51.040 --> 17:03.520]  if you ask the court for anything other than to say saying cookies cookie me love cookies oh
[17:03.520 --> 17:10.000]  hi cookie munchers no these are yucky cookies cookies yucky no no bad cookies you can't even
[17:10.000 --> 17:16.960]  eat these cookies these are cyber cookies no they're cyber cookies and they clog up your computer
[17:16.960 --> 17:25.280]  these have apples really oh that's an actual apple yummy apple i'm going to throw away these
[17:25.280 --> 17:31.840]  yucky cookies in the trash i click control shift delete and then scroll down to cookies
[17:31.840 --> 17:38.400]  and clear them bye bye yucky cookies now i go to logos radio network dot com and i click on the
[17:38.400 --> 17:44.640]  amazon box on the upper right hand side bookmark the link and i can go to amazon through this link
[17:44.640 --> 17:50.800]  and order you some yummy new cookie no cookies for me consider it an early christmas present
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[17:56.320 --> 18:05.520]  network to see is for cookie see you for class goodbye it's the 2017 logos radio network annual
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[19:25.280 --> 19:55.200]  okay we are back randy kelton rule of our radio and we're talking to scott in
[19:55.200 --> 20:02.960]  texas and i think i've confused you more than i've helped so let me try this again the contract
[20:02.960 --> 20:11.440]  side of what we're doing you can agree to the covenants of a contract and if we had debon
[20:11.440 --> 20:21.760]  she could go into a really complex explanation of how everything is contractual and everything
[20:21.760 --> 20:31.680]  is by agreement the only poor part of the law that is by agreement through an adhesion contract
[20:31.680 --> 20:38.960]  through a contract you didn't necessarily go out and sign but one you entered into because of your
[20:38.960 --> 20:47.520]  actions is by entering into the territorial jurisdiction of the state of texas or any other
[20:47.520 --> 20:57.760]  state you agree to an adhesion contract where you agree to abide by the penal laws beyond that
[21:00.400 --> 21:08.800]  you have to agree to for instance you get called a court you have to agree to the court's jurisdiction
[21:08.800 --> 21:21.040]  over have yourself as a person i'm sorry i'm not saying that right you have to be in a
[21:21.040 --> 21:33.200]  contractual relationship that brings you within the jurisdiction of the court subject matter means
[21:33.200 --> 21:43.440]  you're actually engaged in the contract itself in persona means that while you're engaged in the
[21:43.440 --> 21:53.920]  contract you may or may not have taken an action that invokes the contract transportation you
[21:53.920 --> 22:01.200]  have a driver's license and i have a driver's license in my pocket and i am engaged in that
[22:01.200 --> 22:07.680]  contract with the state i've entered into that contract voluntarily and as some may argue
[22:07.680 --> 22:14.320]  there's not really voluntarily because you enter into the contract under a threat but regardless
[22:14.320 --> 22:22.640]  of how i got into the contract if i have a driver's license i signed the contract i agreed to the
[22:22.640 --> 22:31.360]  contract i agreed to the conditions i got the license now i have the right to use the the public
[22:31.360 --> 22:38.000]  thoroughfares in commerce but just because i i'm in a contract where i have the right to do that
[22:38.000 --> 22:47.040]  that does not necessarily mean i'm acting under the the control of the conditions of the contract
[22:47.040 --> 22:52.560]  when the officer in austin pulled me over and asked me if i had a driver's license i told him yes i
[22:52.560 --> 22:58.560]  did but i'm not using it right now and he understood what i meant yes i do have the right to act
[22:58.560 --> 23:08.640]  under the covenants of the contract but i'm not doing so that goes to in person i'm jurisdiction
[23:08.640 --> 23:18.160]  that goes to in person i'm jurisdiction the court would have subject matter jurisdiction over the
[23:18.160 --> 23:24.640]  contract itself but not over me because i'm not acting within the scope of the contract
[23:25.280 --> 23:32.320]  does that make sense scott is it yeah that kind of clarified it some right there now the contract
[23:32.320 --> 23:41.680]  itself is subject matter jurisdiction someone who's never agreed to the contract and doesn't have a
[23:41.680 --> 23:49.760]  driver's license can say you don't have subject matter jurisdiction because i never agree agreed
[23:49.760 --> 24:02.320]  to the contract in the first place or like we do is we say that the officer who reported to issue
[24:02.320 --> 24:11.600]  the citation alleging a contractual violation is not a member of the contract in the capacity
[24:11.600 --> 24:16.640]  that he claims now he may be a member of the contract in the capacity of a driver
[24:16.640 --> 24:24.720]  that he can drive around in commerce if you want to but in order to enforce the covenants
[24:24.720 --> 24:30.720]  of the contract you have to have a special authority according to the contract and he
[24:30.720 --> 24:39.840]  doesn't have that authority therefore he has no legal capacity to invoke the covenants of the
[24:39.840 --> 24:47.600]  contract so he can't bring in the court that is a member of the contract in the capacity of
[24:47.600 --> 24:55.760]  enforcing the covenants of the contract he can't enforce that authority so the court never has
[24:56.560 --> 25:05.680]  subject matter jurisdiction you can't give the judge subject matter jurisdiction the judge
[25:05.680 --> 25:13.280]  either has it or he doesn't there's nothing you can do to give it to him the police officer
[25:15.040 --> 25:20.400]  if he meets certain conditions he can invoke the subject matter jurisdiction of the court if he
[25:20.400 --> 25:26.880]  doesn't meet those conditions he can't invoke the subject matter jurisdiction and that's that's
[25:26.880 --> 25:36.160]  the argument we make in traffic am i making any sense here yeah that does so let's say hypothetically
[25:36.160 --> 25:42.080]  you've had a license and expired and you just chose not to renew it that means you're not
[25:42.720 --> 25:51.600]  entering back into a contract with the state so therefore if they pulled you over they couldn't
[25:51.600 --> 25:56.480]  say you were violating the contract because you opted out of that contract would that be
[25:56.480 --> 26:03.600]  correct may depends on the covenants of the contract what i would mean to the military
[26:04.480 --> 26:10.800]  i entered into a contract with the united states and that contract said that i would
[26:10.800 --> 26:17.120]  protect this country from all enemies foreign and domestic and there is a tenant of the contract
[26:17.120 --> 26:30.480]  that made the contract what's the term universally or there's no ending to the contract
[26:31.600 --> 26:38.320]  perpetual they perpetual yeah they said that when i got out of the military they reminded me
[26:38.320 --> 26:46.400]  that i was still bound to my oath because it was a lifetime old so let's go back to the traffic
[26:46.400 --> 26:57.200]  contract when you enter into a driver's license contract is it perpetual
[26:59.120 --> 27:05.680]  are you still bound by the covenants of the contract even if you don't meet certain conditions of
[27:05.680 --> 27:13.040]  the contract one of which is is to renew the contract over a certain period is that in the
[27:13.040 --> 27:21.760]  contract not that i'm aware of are you no i'm not aware of it but it's not something i've
[27:21.760 --> 27:29.600]  actually went into the to the code and looked at actually what i haven't done is went down to the
[27:30.160 --> 27:36.400]  department of motor vehicles and pull the original application and i do need to do that
[27:36.400 --> 27:45.680]  you pull the original application and see what it says well that was something i should do
[27:47.760 --> 27:56.240]  i could go down would you start with the original time that you got your first license that's the
[27:56.240 --> 28:02.000]  original contract like you know if you got it 20 years ago or in your case 150 years ago
[28:02.000 --> 28:09.040]  um i thought you were going there that was a contract to operate a horse and buggy
[28:12.160 --> 28:19.120]  yeah you would that's the contract you'd want to look at assuming that it hasn't changed
[28:20.960 --> 28:26.720]  in the interim if it hasn't changed i mean it's who i'm assuming that it it may have changed in
[28:26.720 --> 28:33.680]  the interim so uh i don't think it's really necessary to go that far back you can take the
[28:33.680 --> 28:42.320]  one they have now and you could assume that it's current and consistent with the one where you
[28:42.320 --> 28:49.120]  originally engaged in the contract if it's if it's different let them prove it
[28:49.120 --> 28:58.240]  but see if it says anything about being a perpetual contract now that raises a whole
[28:58.240 --> 29:03.040]  new different argument wouldn't you agree yeah i think so
[29:06.320 --> 29:12.240]  because how could they sit there and say it let's just say that it doesn't say
[29:12.240 --> 29:20.000]  it's a perpetual contract or it's in such a strict manner as the verbiage would imply
[29:21.040 --> 29:27.360]  then it's just saying because every year you have to renew this contract your license gets expired
[29:27.360 --> 29:33.840]  and you have to renew so it's going to say on this date this contract is is void
[29:33.840 --> 29:42.240]  your license is void you have to renew that that's an interesting issue
[29:43.600 --> 29:50.880]  that would say that you agreed to the contract for i think right now it's four years
[29:52.000 --> 29:57.600]  correct so every four years my contract expires
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[30:46.400 --> 30:51.120]  when you think of a healthy breakfast oatmeal yogurt and grapefruit often come to mind but
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[32:58.480 --> 33:10.480]  want to observe you're listening to the logos radio network at logos radio network dot com
[33:15.360 --> 33:19.440]  yeah i got the warrant and i'm gonna solve them
[33:19.440 --> 33:36.960]  okay we are back randy kelton rule of law radio on this the 15th day of december 2017
[33:36.960 --> 33:42.160]  and we're talking to scott in texas and uh starting to the producer over the break and
[33:42.160 --> 33:50.880]  it may be a good idea if i go back and take a closer look at the pleadings we've been filing
[33:52.320 --> 34:02.320]  and address those pleadings from the perspective of a strictly a contractual relationship
[34:02.320 --> 34:14.320]  it may help help miss help bypass some of the unstated presuppositions that we tend to have
[34:16.160 --> 34:21.360]  but in in bringing this full circle back to jurisdiction
[34:24.160 --> 34:28.880]  the contract goes to jurisdiction
[34:28.880 --> 34:39.440]  am i in a contract with the state under the penal code yes i'm definitely in a perpetual
[34:39.440 --> 34:48.400]  contact with the state concerning the common law but am i in a contract with the state concerning
[34:48.400 --> 34:57.600]  the professional transportation contract and to them to the other question about
[34:58.400 --> 35:10.880]  what can i do to give the court jurisdiction one thing i can do is operate a motor vehicle
[35:10.880 --> 35:19.440]  in convert commerce without a contractual agreement with the state to do so
[35:19.760 --> 35:32.080]  in that case by operating the motor vehicle in commerce i act within the scope of the contract
[35:32.080 --> 35:41.200]  and therefore become a uh become bound to the contract by adhesion
[35:42.880 --> 35:48.880]  and that's strictly voluntary on my part i don't have to engage in commerce on the public thoroughfares
[35:49.840 --> 35:56.320]  but rather you have entered a contract with the the state to authorize you to use the
[35:56.320 --> 36:06.240]  public thoroughfares in commerce or not the common law contract says you must be
[36:07.760 --> 36:14.240]  so if you're going to use them this way then you must be bound to the contract
[36:14.240 --> 36:30.640]  that's like uh if you want to rebuild my my front room my living room and completely remodel it
[36:31.360 --> 36:37.280]  you'd have to be engaged in a contract with me first you can't just come in there and remodel
[36:37.280 --> 36:46.000]  it and they want me to pay you all right because i haven't agreed to a contract there's no adhesion
[36:46.000 --> 36:51.760]  contract in that context but if you get into an automobile and load it down with
[36:53.680 --> 36:57.120]  bunch of people they all pay you to haul them around like uber
[36:59.200 --> 37:05.280]  you start driving for uber you're bound under the contract whether you signed it or not
[37:05.280 --> 37:15.280]  because you're operating within the confines of the contract that's how i can give a court
[37:15.840 --> 37:23.760]  subject matter jurisdiction without agreement and we have a lot of these guys in the patriot
[37:23.760 --> 37:33.040]  movement seem to think that every contract must be entered into by specific conscious agreement
[37:33.040 --> 37:42.720]  and that is not true your behavior can enter you into a contract whether you attended to or not
[37:45.040 --> 37:55.440]  walking within stepping across the boundary of the state into the state itself binds you to
[37:55.440 --> 38:04.400]  common law contract operating a motor vehicle for commerce binds you to a common law contract
[38:05.440 --> 38:12.640]  even though you haven't signed one so on the one hand the right you can do things to give them
[38:12.640 --> 38:23.120]  jurisdiction but that is extremely limited so i hear these guys saying well if you file anything
[38:23.120 --> 38:33.200]  with the court then you invoke the court's jurisdiction no don't if the court claims
[38:33.200 --> 38:43.120]  that you are bound by the contract and you're not bound by the contract you can challenge the court
[38:43.120 --> 38:55.120]  and say i don't fall under and what the courts can say if you don't assert your right to be free
[38:55.120 --> 39:02.400]  from the contract you know if it's my duty to administer this contract and someone brings
[39:02.400 --> 39:10.240]  a complaint under the contract against you and you don't feel that the contract applies to you
[39:10.240 --> 39:19.520]  you got to tell me you got to make that assertion if you don't then i as the court will act from
[39:19.520 --> 39:27.360]  the presumption that i have jurisdiction if you want a right you have to claim it
[39:28.960 --> 39:36.000]  right and in claiming your right to to be free from the contract doesn't grant the contract
[39:36.000 --> 39:42.400]  so not everything you do before the court grants their jurisdiction
[39:44.720 --> 39:48.720]  there's one thing you can do before the court that challenges their jurisdiction
[39:49.920 --> 39:57.200]  and that definitely doesn't give them jurisdiction i don't have this explanation
[39:57.200 --> 40:08.320]  down as elegant as i would like it to be well it goes back to you know we can all agree that
[40:08.320 --> 40:15.600]  you know the penal laws are a common law i mean i can't walk up to you and just smack you around
[40:15.600 --> 40:21.920]  it and i didn't expect you you know to just sit there and take it you know you could call somebody
[40:21.920 --> 40:26.960]  you know that's what the cops are for is to make sure somebody doesn't come up and just start beating
[40:26.960 --> 40:35.600]  you up and doing all that stuff but that's a that's a common law type of of a crime but what
[40:35.600 --> 40:44.640]  we're talking about is an administrative law on the on the driving side now they're attempting to
[40:46.160 --> 40:55.520]  classify you as a driver operating under a commercial scheme with a valid you have to
[40:55.520 --> 41:00.960]  have a valid license to operate under that scheme if you want to haul people around like the uber
[41:00.960 --> 41:06.720]  person or you know a truck driver or something like that but just go into the store in your car
[41:07.520 --> 41:13.280]  you're not operating under that scheme therefore if you're not operating under that scheme
[41:14.000 --> 41:20.720]  you wouldn't have to have a license per se and if you never are operating in commerce then you
[41:20.720 --> 41:29.680]  could just opt out of the license altogether and that gets back to is a license a perpetual instrument
[41:30.400 --> 41:36.720]  that we because we all know over four years you have to renew it so it cannot be a perpetual
[41:36.720 --> 41:47.200]  instrument but now the subject matter jurisdiction is the court is assuming that you're operating as
[41:47.200 --> 41:54.880]  a commercial driver because that's how the scheme is set up and so they want to invoke
[41:54.880 --> 42:01.680]  their jurisdiction upon you saying you're operating in this manner but you raise the
[42:01.680 --> 42:07.120]  issue saying that you're challenging that contract because that's what you get to on the contract
[42:07.120 --> 42:17.280]  side and and now you could say well my license has expired because I opted out of that contract
[42:17.280 --> 42:24.160]  because I never I never even go into commerce so how could this court have jurisdiction under
[42:24.160 --> 42:32.720]  the scheme you're purporting that I have would that be does that sound plausible that's exactly
[42:32.720 --> 42:47.760]  the case now the courts want to have common law jurisdiction they act as if the transportation
[42:47.760 --> 42:55.520]  code is an adhesion contract and it's not well they're also acting like it's a penal violation
[42:55.520 --> 43:03.200]  no to give them that common law jurisdiction when it's administrated it is it is a violation
[43:03.200 --> 43:09.440]  once you enter into the transportation code contract a violation of that contract it is a
[43:09.440 --> 43:17.360]  penal violation and that's by agreement okay but they want to say that you're bound to it by adhesion
[43:17.360 --> 43:25.120]  you're unnecessarily bound to it by adhesion adhesion but no you're not you only become
[43:25.760 --> 43:31.840]  bound to it by adhesion if you're operating motor vehicle for commerce didn't that bind
[43:31.840 --> 43:36.640]  you to the contract because in order to do that you have to be engaged in the contract
[43:37.280 --> 43:44.400]  or there are penalties that can be applied to you just like if you're holding yourself out as a lawyer
[43:44.400 --> 43:52.640]  you can't hold yourself out as a lawyer unless you have a contract with the state
[43:53.920 --> 43:57.440]  through the state bar and through the state legislature who
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[45:56.400 --> 46:12.320]  or call toll-free 866 law easy
[46:18.080 --> 46:23.440]  okay we are back randy kelton rule of our radio and i've been very consistent
[46:23.440 --> 46:31.600]  today on this friday the 15th day of december 2017 in that i've ran off the clip every single time
[46:36.240 --> 46:43.840]  you are getting good at it too okay well it's interesting for me this is interesting because
[46:44.880 --> 46:51.680]  while i'm trying to address your question i'm also trying to work out an elegant way to
[46:51.680 --> 47:02.640]  to present the situation of how you become engaged with the court this is the thing
[47:02.640 --> 47:11.520]  that's running around in the patriot mythological network where people seem to have a misunderstanding
[47:11.520 --> 47:24.160]  of what brings you within the jurisdiction of a particular court and what doesn't so i probably
[47:24.160 --> 47:30.080]  need to present this two or three times to figure out how to present it in a way it works and
[47:31.280 --> 47:36.560]  figure out what doesn't work and so i've kind of been stumbling today but it is an interesting
[47:36.560 --> 47:45.520]  argument it's an interesting issue and it certainly gives us a way to go at the arguments that we're
[47:45.520 --> 47:53.440]  making that may well be more convincing to a court that's not necessarily corrupt but it's
[47:53.440 --> 47:59.280]  acting from the unstated presupposition that you always fall within the contract and that seems to
[47:59.280 --> 48:09.040]  be what the courts do so it may be about making the right argument go ahead scott yeah no this is
[48:09.040 --> 48:18.560]  kind of it's a little bit confusing because of how it's assumed or how you how you can
[48:19.200 --> 48:26.560]  differentiate yourself from it so getting that that that real clarification on the issue
[48:26.560 --> 48:35.200]  you it seems to be there's a little bit of cloudiness to it on probably on both sides i mean
[48:35.200 --> 48:41.840]  the the court's probably just assuming it all the time because they're not nobody is presented
[48:41.840 --> 48:52.160]  to argue in a clear concise form that can be that can't be defuted or that was a bad word
[48:52.160 --> 48:58.240]  it can't be refuted in other words you you have to be able to make it in a clear
[48:58.240 --> 49:05.120]  articulate manner that shows this is where your jurisdiction lies and this is how it's being
[49:05.120 --> 49:14.240]  misapplied to us and these are the reasons why it's being misapplied and that's and that's been
[49:14.240 --> 49:23.120]  hard for me even after all the study and stuff it's still been a difficult issue to wrap my head
[49:23.120 --> 49:30.880]  around sometimes i mean and people that's real that's a common problem when uh harman taylor
[49:30.880 --> 49:40.160]  talks about the fact that all the statutes are by agreement it took a long time for me to be able
[49:40.160 --> 49:49.360]  to wrap my head around that concept that everything is by contract everything is by agreement when you
[49:49.360 --> 49:59.520]  say agreement that implies conscious verbal specifically articulated agreement that is
[49:59.520 --> 50:10.320]  not correct your agreement to a contract can be construed by your taking actions that fall within
[50:10.320 --> 50:19.360]  the scope of the contract even if you hadn't consciously or intentionally agreed to the
[50:19.360 --> 50:27.600]  contract if you've performed some act or received some benefit of the contract like a
[50:27.600 --> 50:38.720]  unemployment or a social security check or you use the public thoroughfare as built with public money
[50:39.520 --> 50:46.800]  for the purpose of generating income that brings you within the contract if whether you
[50:47.360 --> 50:54.400]  met who or not rather even knew about the contract or not anytime you accept a benefit
[50:54.400 --> 51:04.880]  it you engage yourself into a especially a benefit from the government you engage yourself
[51:04.880 --> 51:11.360]  into a contract with the government an adhesion contract that's probably the part that's hardest
[51:11.360 --> 51:18.560]  to get your head wrapped around because driving up down the highways and using the highways
[51:18.560 --> 51:22.320]  that's something everybody does they do it all their life they don't think anything about it
[51:22.320 --> 51:31.680]  but they don't and because of that they they don't necessarily construe themselves as acting within
[51:31.680 --> 51:38.080]  the scope of the contract but they don't even know what's there but it is anyway
[51:40.160 --> 51:48.880]  have I thoroughly confused the situation no it's confusing enough to start with I think
[51:48.880 --> 51:54.800]  just by trying to mash some of this stuff out though it's starting to separate it so slowly
[51:56.480 --> 52:02.560]  you know I can say I think I'll go down Monday and pull the contract from DPS either that or
[52:02.560 --> 52:09.360]  could do a government request and just email it and have them email me a copy of it either way
[52:09.360 --> 52:18.480]  but you know they're just it it's just kind of we need to get we need to delineate this
[52:18.480 --> 52:25.760]  stuff a little bit better so that even you know like you said you go back and look at the pleading
[52:25.760 --> 52:35.040]  and address it from that standpoint of of the contract itself are we actually engaging in
[52:35.040 --> 52:42.240]  that contract to give the court jurisdiction to impose a contract does that make sense
[52:43.440 --> 52:51.920]  yes and I'm hoping for everybody else that that this is beginning to make some more sense
[52:52.800 --> 52:57.760]  it is a hard concept and it took me a long time to wrap my head around it and
[52:57.760 --> 53:07.200]  and while I partially have my head wrapped around it what I haven't done is try to explain it enough
[53:07.200 --> 53:15.040]  so that I can explain it in a way that makes sense to someone who's not already familiar with
[53:15.040 --> 53:22.000]  her with the precepts and so we'll be working on that we may we may want to argue this issue
[53:22.000 --> 53:30.560]  another in some other shows because you know I've you guys have all listened to me stumbling through
[53:31.360 --> 53:37.840]  trying to make this make sense the next time I argue the issue I'll probably be able to
[53:37.840 --> 53:44.640]  present it in a way that's a little more cogent whatever that means you're welcome
[53:44.640 --> 53:50.000]  you're welcome to come on my show we'll argue it all the time you come on the snap food radio
[53:50.000 --> 53:57.360]  we'll do a show on this because I think this is a really good issue to get people more
[53:58.320 --> 54:06.000]  get people to understand better because it is it is so convoluted and if you can argue it better
[54:06.000 --> 54:13.040]  because you know exactly where you stand then you can present it to a court and they may actually
[54:13.040 --> 54:18.240]  look at it go you know that does make sense instead of just that they're trying to fly off
[54:18.240 --> 54:22.720]  the handle you don't have subject matter jurisdiction I stand on my pleadings and that's that and
[54:22.720 --> 54:31.840]  they're like okay yeah deny let's move on to the next phase but we need to be able to to explain
[54:31.840 --> 54:41.920]  how this is a contract that is not being applied correctly and and why it's not being applied
[54:41.920 --> 54:47.760]  correctly so this is this is a good argument to have over and over again and I know you got a
[54:47.760 --> 54:52.560]  bunch of listeners and they're probably chomping at the bit to get to you next so
[54:53.440 --> 54:56.800]  no they're probably not they've probably all fallen asleep by now
[54:58.720 --> 55:04.080]  well if anybody's been listening to this and listening to your show for a while this is probably
[55:04.080 --> 55:11.840]  intriguing because this is really drilling down into the core subject of the matter the subject
[55:11.840 --> 55:25.280]  matter of their jurisdiction I'm gonna pass on that one okay okay then thank you Scott we're gonna
[55:25.280 --> 55:32.400]  move on now before I run off the cliff again okay good I'm in good shape okay thank you Scott
[55:33.040 --> 55:39.680]  now we're going to go to Christina in Indiana she's the first time caller hello Christina
[55:39.680 --> 55:46.640]  what do you have for us today hello mr. Calton thank you for taking my phone call I really
[55:46.640 --> 55:55.440]  appreciate your kindness and your help helping people to know what they have to do especially when
[55:55.440 --> 56:06.080]  they deal with the law that's not something that I want to be appreciated for I'm calling to
[56:06.080 --> 56:16.480]  to ask for advice especially because I've been dealing with something that many parents deal with
[56:16.480 --> 56:24.960]  and they don't know how to address it or what to do in in a difficult situation
[56:26.080 --> 56:32.480]  my my difficult situation is with the public school system administration the principal
[56:32.480 --> 56:43.920]  in the school where my son attended right now because the situation led me to make a very difficult
[56:43.920 --> 56:53.680]  decision I decided to take my son out of school and have him home schooled and I do have
[56:53.680 --> 57:04.480]  arguments for that like why I did that but to keep it short there was an incident with
[57:04.480 --> 57:11.920]  the school principal back in October where she called me on the phone it was 3 10 pm it was
[57:11.920 --> 57:20.800]  the end of the school day and she called me telling me that she actually kept my son
[57:20.800 --> 57:31.680]  in the office with her and did not let him go home by bus just because she wanted to have a
[57:31.680 --> 57:39.200]  talk with me a meeting that she was wanting to have and unfortunately didn't you know
[57:39.200 --> 57:50.960]  so so she she kept your son in her office because she wanted to have a talk with you
[57:52.160 --> 58:01.360]  yes yes it's exactly that way she was like well I'm gonna keep him here so you're gonna come
[58:01.360 --> 58:09.440]  and get him from here and we'll have our talk she wanted to talk about some very important
[58:09.440 --> 58:19.520]  things that she had on her agenda and she thought that was the right okay okay hang on we're about
[58:19.520 --> 58:28.960]  to go to break but this is a very good opportunity to teach your son about how contracts work and
[58:28.960 --> 58:35.280]  when we come back on the other side we'll talk about this school contract that we enter into
[58:35.280 --> 58:44.560]  by adhesion and how the the schools seem to think that the tenants of the contract don't apply to
[58:44.560 --> 58:52.880]  them hang on we'll be right back okay thanks would you like to make more definite progress in your
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[59:51.520 --> 01:00:03.200]  speech radio logos radio network dot com the following use flash is brought to you by the
[01:00:03.200 --> 01:00:11.280]  low star lowdown providing the deli bulletins for the commodities market today in history news updates
[01:00:12.160 --> 01:00:15.120]  and the inside scoop into the tides of the alternative
[01:00:15.120 --> 01:00:25.600]  market for wednesday the 6th of december 2017 closed with gold at one thousand two hundred
[01:00:25.600 --> 01:00:29.920]  sixty three dollars and thirty one cents an ounce silver fifteen dollars ninety five cents an ounce
[01:00:29.920 --> 01:00:34.960]  texas crude fifty seven dollars sixty two cents a barrel bitcoin is at an all-time high at thirteen
[01:00:34.960 --> 01:00:39.600]  thousand six hundred and seventy u.s currency and dash coins about seven hundred and fifteen
[01:00:39.600 --> 01:00:49.040]  u.s fiat today in history the year 1897 london becomes a world's first city to host licensed
[01:00:49.040 --> 01:00:56.400]  taxi cabs today in history in recent news present trump said from the diplomatic reception room
[01:00:56.400 --> 01:01:00.480]  of the white house earlier today that the united states will formally recognize jerusalem as the
[01:01:00.480 --> 01:01:05.200]  capital of israel with announcing preparations to move the united states embassy from tell of e
[01:01:05.200 --> 01:01:10.400]  to the city of god trump stated that quote today we finally acknowledge the obvious that jerusalem
[01:01:10.400 --> 01:01:15.840]  is israel's capital this is nothing more or less than a recognition of reality it is also the right
[01:01:15.840 --> 01:01:21.440]  thing to do something that has to be done everyone from pope frances the chinese foreign minister
[01:01:21.440 --> 01:01:26.000]  and european leaders have voiced their concerns with this decision from president trump ferica
[01:01:26.000 --> 01:01:31.200]  morgani high representative of the european union foreign affairs and security policy made clear
[01:01:31.200 --> 01:01:35.920]  that europe saw the president's decision as a threat to peace in the middle east stating that
[01:01:35.920 --> 01:01:39.840]  quote we believe that any action that would undermine these efforts must absolutely be
[01:01:39.840 --> 01:01:45.280]  avoided a way must be found through negotiations to resolve the status of jerusalem as a future
[01:01:45.280 --> 01:01:50.240]  capital of both states former director of the cia under the obama administration john o brennan
[01:01:50.240 --> 01:01:54.800]  released a statement saying that president trump's words were reckless and would damage us interest
[01:01:54.800 --> 01:02:00.160]  in the middle east for years to come would make the region more volatile it is yet unclear whether
[01:02:00.160 --> 01:02:04.640]  the president has any legitimate reason for making this statement other than an act to appeal
[01:02:04.640 --> 01:02:07.360]  to his evangelical and pro-israel voting base
[01:02:12.160 --> 01:02:16.720]  nearly 50 mayors from across the united states concluded a climate change summit in chicago
[01:02:16.720 --> 01:02:21.760]  today where a formal agreement to reduce greenhouse emissions and their cities was signed by the
[01:02:21.760 --> 01:02:25.840]  attending mayors an act of defiance considering the trump administration's recent decision to back
[01:02:25.840 --> 01:02:30.880]  the u.s. out of the paris climate agreement no surprise former president brock obama was also
[01:02:30.880 --> 01:02:35.120]  attending and even spoke at the summit telling attendees that they are america's new front line
[01:02:35.120 --> 01:02:40.240]  leaders on climate change mayors from cities in mexico and canada joined their u.s. counterparts
[01:02:40.240 --> 01:02:45.440]  in committing to reduce carbon emissions vancouver mayor gregor robertson said in a statement that
[01:02:45.440 --> 01:02:49.840]  we stand shoulder to shoulder with all of the u.s. cities and mayors that are committed to the paris
[01:02:49.840 --> 01:02:58.640]  agreement this was brook brody with your lowdown for december 6 2017
[01:03:11.440 --> 01:03:17.200]  okay we are back randy kelton rule of law radio and we're talking to christine in
[01:03:17.200 --> 01:03:28.320]  indiana and this is a great opportunity to give your son some schooling in contract law
[01:03:30.960 --> 01:03:37.520]  my producer soon as you went to break he called that kidnapping and i call it kidnapping too
[01:03:38.960 --> 01:03:41.280]  the principle one of the things that i
[01:03:41.280 --> 01:03:50.000]  i that really got me to understand the problem that we're having is i talk about going to a
[01:03:50.000 --> 01:03:55.680]  traffic court with with a guy when i didn't have a case there so i didn't have a dog in the hunt
[01:03:57.040 --> 01:04:01.280]  and i'm watching all these people and they're standing around outside the courtroom and
[01:04:02.160 --> 01:04:05.840]  before the court started and they're talking about how they're going to get that cop fire and
[01:04:05.840 --> 01:04:10.640]  they're going to do this and they're going to do that and it's one guy out there is really nice
[01:04:10.640 --> 01:04:19.920]  dude older gentleman he had the gave the impression of a high-level professional we go into court and
[01:04:19.920 --> 01:04:27.440]  they called him up first and he stepped up and he had these notes in his hand but he couldn't read
[01:04:27.440 --> 01:04:34.640]  from them because his hand was shaking so much he could barely speak and i'm thinking what in the
[01:04:34.640 --> 01:04:42.000]  world is going on i mean this is just a traffic ticket i mean all they're going to do is charge
[01:04:42.000 --> 01:04:47.280]  you a fine it's not like they're going to hang you from your toenails or something and this guy is so
[01:04:48.320 --> 01:04:55.600]  terrified he can't even speak it took a long time to understand what was going on
[01:04:55.600 --> 01:05:03.440]  this guy went to went to school from our government mandated school systems for 12 years
[01:05:04.800 --> 01:05:11.120]  and dealt with these public officials and then he got out of the school system he didn't deal
[01:05:11.120 --> 01:05:17.520]  with public officials anymore he dealt with other ordinary people then he gets a ticket
[01:05:18.400 --> 01:05:24.000]  now he has to go deal with public officials again how does he know how to deal with public
[01:05:24.000 --> 01:05:34.880]  officials well he learned that in school and in school you spend 12 years of indoctrination where the
[01:05:36.240 --> 01:05:42.960]  instructors in tell you about all these great and wonderful rights you have being a citizen
[01:05:43.920 --> 01:05:53.040]  the republic of the united states however while you're in this school don't even think of trying
[01:05:53.040 --> 01:05:57.760]  to express one of those rights of the whole way to the system of land rights square on your head
[01:05:58.560 --> 01:06:04.160]  we put our children to 12 years of that hypocrisy we put them out into the world and we expect them
[01:06:04.160 --> 01:06:10.000]  to become fully functioning citizens well first time they have to deal with public officials again
[01:06:10.000 --> 01:06:16.960]  they're back to a sixth grader being sent to the principal that's what i saw in this season
[01:06:16.960 --> 01:06:26.800]  professional the only behavioral set he had was a child being sent to the principal primary
[01:06:26.800 --> 01:06:36.400]  purpose of this show is to help people do a juxtaposition we want to switch positions from
[01:06:36.400 --> 01:06:43.200]  being a child sent to the principal to a parent go into the principal want to know what the heck
[01:06:43.200 --> 01:06:50.800]  you're doing with my kids that's a whole different behavioral set and christine for you this is
[01:06:50.800 --> 01:07:04.320]  probably a great opportunity to give your son an education in contract the principal has a contract
[01:07:04.320 --> 01:07:16.160]  with you and your son that that contract doesn't include interfering with the rights of the child
[01:07:18.160 --> 01:07:26.880]  now through practice there are certain things that we have allowed our officials to do with
[01:07:26.880 --> 01:07:35.840]  children who aren't sophisticated enough to understand the covenants of the contract and
[01:07:36.560 --> 01:07:46.240]  through simple necessity and and reasonableness we've allowed these officials a an amount of
[01:07:46.240 --> 01:07:55.840]  leeway sufficient to maintain order and decorum aggravated kidnap or kidnapping is not one of
[01:07:55.840 --> 01:08:04.320]  those things we allowed and of all people who should act within the limits of the law
[01:08:06.400 --> 01:08:17.120]  it is our school the hg wells in his outline of history on speaking to the corruption of the
[01:08:17.120 --> 01:08:26.160]  popes during the dark ages very aptly observed the giver of the law most owes the law allegiance
[01:08:26.880 --> 01:08:33.600]  he of all beings should behave as though the law compels him but it is the universal
[01:08:33.600 --> 01:08:42.960]  failing of mankind that what we are given to administer we promptly resume we own and this
[01:08:42.960 --> 01:08:49.200]  looks like a great opportunity not only to demonstrate to the principal that the principal
[01:08:49.200 --> 01:08:58.160]  doesn't own the law but also to the child that the child has remedy now back to you christina
[01:08:58.960 --> 01:09:05.680]  what is it that you want to do in this circumstance i'm i'm being presumptive here and i'm trying
[01:09:05.680 --> 01:09:17.840]  not to presume the remedy you're seeking what remedy do you seek first of all i looked myself
[01:09:17.840 --> 01:09:28.960]  at what the school corporation has in its rules and regulations and i found something that says
[01:09:28.960 --> 01:09:35.040]  no student needs to be detained after the close of the regular school day unless the students
[01:09:35.040 --> 01:09:40.240]  parents have been contacted and informed that the student will be detained or other suitable
[01:09:40.240 --> 01:09:46.160]  transportation arrangements have been made now when the principal contacted me was already
[01:09:46.160 --> 01:09:52.400]  the end of the school day because the end of the school day at my son's school is at three
[01:09:52.400 --> 01:10:00.880]  ten p.m. and that's when the principal called me and she was on the phone with me like five to six
[01:10:00.880 --> 01:10:08.800]  minutes and i understood later on from um sister that um little brother was actually taken out of
[01:10:08.800 --> 01:10:15.600]  the line he was already lined up for the bus to be called to the bus and he was taken out of the
[01:10:15.600 --> 01:10:26.320]  line and sent to the office to stay there and um what really aggravated the situation was
[01:10:26.320 --> 01:10:32.640]  not only the fact that um the principal did something that she shouldn't have done but the
[01:10:32.640 --> 01:10:40.320]  fact that i actually had to call the bus transportation inquire where exactly my son was because
[01:10:40.320 --> 01:10:48.320]  the grandparents were expecting to pick him up at the um regular time they picked him up from bus
[01:10:48.320 --> 01:10:57.200]  from bus and um i did not know where my child was so my child was missing and i told the bus
[01:10:57.200 --> 01:11:03.920]  transportation manager that my child is missing and i really don't know where he is he needs to
[01:11:03.920 --> 01:11:11.360]  find out the school didn't call me to let me know on what bus he's now because he didn't he wasn't
[01:11:11.360 --> 01:11:19.840]  allowed to come home on his regular transportation that i signed for and i agreed on that he will
[01:11:19.840 --> 01:11:27.360]  write only that bus so i was totally like i i don't know what to think uh any longer so
[01:11:27.360 --> 01:11:33.520]  when you said kidnapping this could be called kidnapping i i think i can agree on that what
[01:11:33.520 --> 01:11:42.880]  i am actually trying to um to look into is filing a tort claim against this principal or school
[01:11:43.440 --> 01:11:52.560]  corporation and um is if there is anything else that you would recommend uh to do about this
[01:11:52.560 --> 01:12:05.440]  um oh yes as a matter of fact there is the way i read the code now a public official is granted
[01:12:05.440 --> 01:12:15.120]  certain authority if a public official exceeds that authority and in the process denies the
[01:12:15.120 --> 01:12:23.600]  citizen full and free access to or enjoyment of right under 18 us code 242 which is the cucklicks
[01:12:23.600 --> 01:12:32.880]  clan act and every state in the union has a state statute that reflects 18 us code 242
[01:12:33.680 --> 01:12:39.680]  the act is an act of official oppression and it's class a misdemeanor in most every state
[01:12:39.680 --> 01:12:50.320]  so what i'd like to do is take the law to them now it's almost never my intention to have a
[01:12:50.320 --> 01:12:59.520]  public official indicted but since you're in indiana and i'm in texas we're both under
[01:12:59.520 --> 01:13:07.440]  essentially spanish type law and under spanish type law you as a citizen have a duty to report
[01:13:07.440 --> 01:13:16.560]  crime but once you have reported crime you have no standing concerning the enforcement of the law
[01:13:17.520 --> 01:13:23.360]  except to the degree that all of your public officials act within the scope of that law
[01:13:24.640 --> 01:13:34.800]  so you have a duty to report crime and from what i hear the principal exerted or purported to exert
[01:13:34.800 --> 01:13:40.960]  an authority she did not expressly have and in the process denied your son in the full and free
[01:13:40.960 --> 01:13:48.640]  access to or enjoyment of right now schools tend to act from the unstated presupposition
[01:13:50.080 --> 01:13:57.280]  that these rights they're teaching your children that they have well when they're in this school
[01:13:57.280 --> 01:14:06.240]  those rights don't really apply well the principal needs a little instruction
[01:14:07.680 --> 01:14:15.680]  yes as a matter of fact they do apply and while the courts grant the schools a certain amount of
[01:14:15.680 --> 01:14:27.120]  leeway there are very strict limits to that leeway aggravated kidnapping is not within the limits
[01:14:27.120 --> 01:14:33.440]  of that leeway and this is part of the reason though you may have called the police issued an
[01:14:33.440 --> 01:14:40.480]  amber alert you could have half the state looking for your son when he's sitting in the principal's
[01:14:40.480 --> 01:14:50.000]  office that's under contractual law that's unconscionable if the principal wanted to have
[01:14:50.000 --> 01:14:58.960]  a meeting with you well the principal can call you and schedule an interview or schedule a meeting
[01:14:59.680 --> 01:15:06.640]  you know when you get a ticket they order you to come to court and for the most part the first
[01:15:06.640 --> 01:15:14.160]  hearing is to meet with a prosecutor well when they order me to come to court to meet with the
[01:15:14.160 --> 01:15:22.240]  prosecutor i called the bailiff over and asked him to arrest the prosecutor say if you want to
[01:15:22.240 --> 01:15:29.840]  have a meeting with me call me we'll set an appointment and agree to sit down and meet with
[01:15:29.840 --> 01:15:39.200]  you if i want to but my position is i don't talk to persecuting attorneys period the only one that
[01:15:39.200 --> 01:15:45.520]  has authority is the court and i come to talk to the court not a prosecutor this is the same thing
[01:15:46.880 --> 01:15:53.360]  you have a principal exercising an authority she doesn't have and if you leave this be
[01:15:54.640 --> 01:16:03.040]  you perpetuate the unstated presupposition that your son's rights do not apply when they go to
[01:16:03.040 --> 01:16:11.040]  school now what kind of hypocrisy is that and since you're homeschooling now this is an
[01:16:11.040 --> 01:16:19.360]  excellent opportunity to demonstrate the remedy that the child has so i suggest you file kidnapping
[01:16:19.360 --> 01:16:29.280]  charges against the principal oh this is your son will love this this is so much fun you won't
[01:16:29.280 --> 01:16:36.080]  believe it then we try to teach people how to do this kind of thing and one problem we have
[01:16:36.080 --> 01:16:44.000]  is once they get it they they tend to kind of get carried away because it is so much fun
[01:16:46.560 --> 01:16:53.600]  when you file criminal charges against the principal for kidnapping you'll get to see
[01:16:53.600 --> 01:17:01.280]  what we call this little chicken dance where the principal is shifted from i love logos without
[01:17:01.280 --> 01:17:06.160]  the shows on this network i'd be almost as ignorant as my friends i'm so addicted to the truth now
[01:17:06.160 --> 01:17:11.840]  that there's no going back i need my truth pick i'd be lost without logos and i really want to help
[01:17:11.840 --> 01:17:15.520]  keep this network on the air and i'd love to volunteer as a show producer but i'm a bit of a
[01:17:15.520 --> 01:17:20.880]  lie and i really don't have any money to give because i spent it all on supplement how can i
[01:17:20.880 --> 01:17:27.040]  help logo well i'm glad you asked whenever you order anything from amazon you can help logos
[01:17:27.040 --> 01:17:32.480]  with order new supplies or holiday gifts first thing you do is clear your cookies now go to
[01:17:32.480 --> 01:17:38.880]  logos radio network dot com take on the amazon logo and book market now when you order anything
[01:17:38.880 --> 01:17:45.440]  from amazon you use that link and logos gets a few pesos do i pay extra no do you have to do
[01:17:45.440 --> 01:17:52.320]  anything different when i order no can i use my amazon prime no i mean yes wow giving without
[01:17:52.320 --> 01:17:59.440]  doing anything or spending any money this is perfect thank you so much we are welcome happy holidays
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[01:18:59.200 --> 01:19:07.040]  this is the logos logo radio network
[01:19:19.040 --> 01:19:27.520]  okay we are back randy kelton with our radio and while we we show people how to do this the
[01:19:27.520 --> 01:19:35.280]  one thing we always ask is that you never do any of these things out of anger or avarice
[01:19:37.040 --> 01:19:45.600]  this is a a teaching opportunity and one thing i tell people is is when you walk into a courthouse
[01:19:47.040 --> 01:19:55.120]  you're the baddest motor scooter in the building your son needs to understand this part the reason
[01:19:55.120 --> 01:20:03.920]  he's the baddest motor scooter in the building is because he's nobody he's not a judge a prosecutor
[01:20:03.920 --> 01:20:12.400]  a clerk a bailiff all of these guys persons they're all public officials they're public servants
[01:20:14.000 --> 01:20:22.400]  they're the servants you're the master and when you walk into a a courthouse or any place filled
[01:20:22.400 --> 01:20:30.800]  with your public officials you wear two hats you wear the hat that you were wearing when you came
[01:20:30.800 --> 01:20:36.320]  there if it's a court it's a little good hat if it's a school it's a student's hat but you got
[01:20:36.320 --> 01:20:44.000]  another hat it's the master's hat and if one of your servants steps across one of your legal lines
[01:20:44.000 --> 01:20:53.680]  you take off that student's hat you put on that master's hat and you bring them back in line that
[01:20:53.680 --> 01:21:01.520]  would probably be one of the most effective and elegant teachings you could give your son
[01:21:03.520 --> 01:21:12.960]  there's nothing that gives us more confidence confidence than to understand the power we as a
[01:21:12.960 --> 01:21:21.600]  citizen in this republic have and we do have the power to bring our public officials to task
[01:21:23.360 --> 01:21:30.240]  now i'm not going to say that's easy because for the most part public officials are not used to
[01:21:30.240 --> 01:21:40.640]  being taken to task so we need some to develop some skills in doing that and i've tried to
[01:21:40.640 --> 01:21:50.240]  cloak these skills in terms of metaphorical representations that will make sense to people
[01:21:52.480 --> 01:21:58.640]  and one of those that i use is i think of my public officials the way i do my grandkids
[01:22:00.080 --> 01:22:08.240]  i love them dearly but if one of them runs at tries runs out in the road i'm fixing to tan his
[01:22:08.240 --> 01:22:17.760]  hide it's not out of anger or meanness but it's my duty to protect them even from their own
[01:22:17.760 --> 01:22:28.240]  excesses our public officials will naturally try to adjust the methods of their profession
[01:22:28.240 --> 01:22:40.480]  in a manner that is conducive to expediency so they will do things that may not exactly be
[01:22:41.520 --> 01:22:47.520]  in line with the letter of law but makes things work better and if nobody raises a red flag you
[01:22:47.520 --> 01:22:53.840]  know no harm no foul well every once in a while they need somebody to come along and raise a red
[01:22:53.840 --> 01:23:05.120]  flag and when i file against public officials i really don't want them harmed if i file the
[01:23:05.120 --> 01:23:12.080]  professional conduct complaint against the principal that would do her harm or him harm
[01:23:14.080 --> 01:23:19.680]  but if i file a criminal complaint against the public official against the principal or whatever
[01:23:19.680 --> 01:23:26.880]  then all these other officials are going to jump in line behind what we call this thin blue line
[01:23:27.600 --> 01:23:33.360]  and they're going to try to protect them when you try to file a complaint against a
[01:23:34.000 --> 01:23:40.800]  like the principal for kidnapping your son the police are going to do this song and dance
[01:23:40.800 --> 01:23:46.240]  and seltzer down your pants and try to figure out a way to keep you from filing this complaint
[01:23:46.240 --> 01:23:55.280]  oh well that's not kidnapping you can't file this complaint wrong now what they have done
[01:23:56.640 --> 01:24:01.840]  is they've shielded from prosecution and shielding from prosecution at least in texas
[01:24:02.880 --> 01:24:09.840]  is a felony they failed to perform a duty they were required to perform and in the process
[01:24:09.840 --> 01:24:17.200]  uh shielded another person from prosecution under 3805 people code that's a felony in the state of
[01:24:17.200 --> 01:24:23.920]  texas so and i tell this to bailiffs all the time in court when i asked the bailiff to arrest
[01:24:23.920 --> 01:24:30.000]  the judge he just haven't lived until you've asked the bailiff in the courtroom to arrest the judge
[01:24:30.800 --> 01:24:39.040]  that is such great fun you know the first thought you have is well if i do that the judge is likely
[01:24:39.040 --> 01:24:48.160]  to charge me with contempt to court how's that going to play out for you judge you as the citizen
[01:24:48.800 --> 01:24:55.520]  observe the judge commit a crime and you ask the bailiff who is the security officer
[01:24:56.560 --> 01:25:02.800]  to arrest that person for that crime and then that person takes action against you
[01:25:02.800 --> 01:25:10.560]  well the way i read the code that's retaliation and that's also a felony in texas and this
[01:25:10.560 --> 01:25:17.200]  the laws in all states are very similar is this making sense why i'm going christine
[01:25:18.160 --> 01:25:28.640]  yeah christina it does christina yes it does and it's really easier than it appears
[01:25:28.640 --> 01:25:37.520]  and it's it's it's ethical because we're really not trying to get the the principle
[01:25:38.800 --> 01:25:43.040]  in any real serious difficulty we're just trying to give them an object lesson
[01:25:45.120 --> 01:25:52.000]  i filed first degree felony aggravated assault charges against my local district judge
[01:25:52.000 --> 01:26:00.560]  the highest judge in the district because he had a bailiff touch me he thought better of it
[01:26:00.560 --> 01:26:07.760]  and had the bailiff back off sorry bubba that bail has already been wrong and he couldn't
[01:26:07.760 --> 01:26:12.240]  unring it and i actually put him in front of a grand jury and they know build him
[01:26:13.760 --> 01:26:18.160]  and this is exactly what i wanted i didn't want him indicted for first degree felony
[01:26:18.160 --> 01:26:24.720]  but according to the way the code read if you exerted or boredom to exert an authority you
[01:26:24.720 --> 01:26:30.560]  didn't have and in the process committed simple assault while prominently displaying a dead weapon
[01:26:30.560 --> 01:26:38.480]  that's first degree felony i didn't write it i just read it i didn't get the judge indicted
[01:26:39.360 --> 01:26:45.600]  but i can pretty well assure you that what he did to me he would never do to another
[01:26:45.600 --> 01:26:55.120]  person in his courtroom and i suggest that if you go today call the police and file a criminal
[01:26:55.120 --> 01:27:03.120]  complaint against the principle for kidnapping them you want to find the most serious charge you can
[01:27:04.160 --> 01:27:08.880]  and the more outrageous the better because you really don't want to be indicted for that
[01:27:09.840 --> 01:27:14.480]  but you want her to think she could be here and when you go to the police they're going to refuse
[01:27:14.480 --> 01:27:21.840]  to take you complaint and this goes to one another one of the rules that we we have here and that rule
[01:27:21.840 --> 01:27:32.080]  is never ask a public official to do anything you actually want him to do because you never ask a
[01:27:32.080 --> 01:27:39.200]  public official to do anything that the law does not command him to do so that when he doesn't you
[01:27:39.200 --> 01:27:44.880]  get the boink him on the professional head so when the policeman refuses to take the complaint
[01:27:45.680 --> 01:27:52.640]  you go to the local magistrate and every judge is a magistrate and you file a complaint against
[01:27:52.640 --> 01:28:00.640]  the police officer for shielding from prosecution for not taking your complaint against the clerk
[01:28:00.640 --> 01:28:09.360]  i mean i'm sorry against the the principal and now everybody's gonna say what the heck is going
[01:28:09.360 --> 01:28:15.920]  on here they're gonna call the police officer they're gonna call the principal and say what's
[01:28:15.920 --> 01:28:21.440]  going on here i got this woman trying to get you guys arrested what's going on and they're all
[01:28:21.440 --> 01:28:30.080]  gonna have to do this dance around and explain why she's trying to get you arrested and then when
[01:28:30.080 --> 01:28:37.360]  the judge refuses to act oh wonderful now you go to the prosecuting attorney and ask the prosecutor
[01:28:37.360 --> 01:28:44.640]  to arrest the judge you talk about getting to see a chicken dance you will definitely get to see that
[01:28:44.640 --> 01:28:49.520]  chicken dance when you ask the prosecutor attorney to arrest the judge because the judge wouldn't
[01:28:49.520 --> 01:28:55.520]  arrest the the police officer because the police officer wouldn't arrest the principal
[01:28:55.520 --> 01:29:02.160]  at the end of the day you'll never win your case simply because you have the law and the
[01:29:02.160 --> 01:29:10.000]  facts on your side to think so it's naive you will win your case if you have the politics on
[01:29:10.000 --> 01:29:19.360]  your side and all politics is local by this process you create lots of local politics
[01:29:19.360 --> 01:29:28.560]  you get all the phones in the county just to hum it and the problem is is you bring to them
[01:29:29.680 --> 01:29:36.560]  chapter and verse another rule is never make a proactive statement of law out of your own
[01:29:36.560 --> 01:29:43.600]  mouth only make proactive statements of law out of the mouth of the legislature or the courts
[01:29:43.600 --> 01:29:50.480]  never say this is my ride and this is your duty when i go before a public official recently i went
[01:29:50.480 --> 01:29:56.240]  before one i wanted to see some records at the clerkhead and i told the clerk i want to see
[01:29:57.200 --> 01:30:06.080]  all of the warrants burglars are breaking into hotel rooms by effortlessly and silently
[01:30:06.080 --> 01:30:11.440]  opening those key card locks under kathryn albrecht and i'll be back to tell you how the hackers do
[01:30:11.440 --> 01:30:17.760]  it and what it means for you the traveler in a moment privacy is under attack when you give
[01:30:17.760 --> 01:30:23.040]  up data about yourself you'll never get it back again and once your privacy is gone you'll find
[01:30:23.040 --> 01:30:29.360]  your freedoms will start to vanish too so protect your rights say no to surveillance and keep your
[01:30:29.360 --> 01:30:36.560]  information to yourself privacy it's worth hanging on to this message is brought to you by startpage.com
[01:30:36.560 --> 01:30:44.560]  the private search engine alternative to google yahoo and bing start over with start page when
[01:30:44.560 --> 01:30:49.680]  jenna wolff returned to her room at the hide in houston and found her laptop stolen there was no
[01:30:49.680 --> 01:30:56.080]  sign of forest entry and the housekeeper was ruled out as a suspect so who done it a hacker it turns
[01:30:56.080 --> 01:31:02.400]  out using a digital tool that spoofs the computerized key card locks in place at four million hotel
[01:31:02.400 --> 01:31:08.880]  rooms after break-ins across texas the lock company onigy offered a pretty lame solution
[01:31:08.880 --> 01:31:14.240]  plugging the locks with putty the real solution requires replacing every lock circuit board
[01:31:14.240 --> 01:31:19.680]  something onigy wants the hotels to pay for but what if they don't well it may be time to stay
[01:31:19.680 --> 01:31:26.240]  somewhere else motel six anyone i'm dr kathryn albrecht for startpage.com the world's most private
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[01:33:18.560 --> 01:33:35.120]  okay we are back randy kelton rule of law radio on this friday the
[01:33:36.000 --> 01:33:44.560]  fifteenth day of december 2015 and christina you kind of started this out by stepping into
[01:33:44.560 --> 01:33:50.320]  one of my favorite subjects so if i sound like i'm i'm kind of going off the rails here is because
[01:33:52.000 --> 01:33:59.520]  in my opinion every citizen should fully understand this aspect of our legal system
[01:34:00.640 --> 01:34:08.560]  it will not only empower the individual but one person like this in a county
[01:34:08.560 --> 01:34:14.800]  and if we had one person in every county doing this we would change everything
[01:34:16.480 --> 01:34:23.360]  and this is a great opportunity to demonstrate to your son how the system really works
[01:34:24.960 --> 01:34:33.120]  and how it really works is it's all politics and while our show is called rule of law radio we do
[01:34:33.120 --> 01:34:42.960]  exercise great care to make sure that we always follow law the way it's written
[01:34:44.400 --> 01:34:51.440]  at the same time we understand that law is implemented by human beings
[01:34:51.440 --> 01:35:03.920]  and god if there is a god if he if he created man he created us horribly flawed so when we
[01:35:04.480 --> 01:35:16.720]  engage human beings to enforce or implement law they always screw it up and it's up to us to
[01:35:16.720 --> 01:35:26.240]  apply pressure to adjust things so that they kind of stay within the scope of how our founders
[01:35:26.240 --> 01:35:34.480]  intended am i making sense christina yes yes and i'm thinking about what i actually
[01:35:37.360 --> 01:35:43.440]  on the school corporation website and i'm just like wait wait hold on christina can you move the
[01:35:43.440 --> 01:35:50.480]  mic a little away from your mouth it's it's distorting somewhat yes let me get down by your chin
[01:35:50.480 --> 01:36:02.000]  okay go ahead yes what i was saying is it is the survey to me that um i actually read about some
[01:36:02.000 --> 01:36:11.680]  things on the school corporation website that are actually um not what i see in the school
[01:36:11.680 --> 01:36:19.440]  so it is like for me to have a young son and go through what he went through
[01:36:21.440 --> 01:36:30.400]  in school at this very young age i just feel like it is very unfair and many of the rules
[01:36:30.400 --> 01:36:40.560]  and laws were broken for sure so i need to act i need to act upon what i can my question would be
[01:36:40.560 --> 01:36:47.040]  um can i file this tort claim even if um the incident happened in oktober
[01:36:48.320 --> 01:36:55.040]  and it's been sometimes since then oh yeah okay on a tort claim as a rule a tort claim you have two
[01:36:55.040 --> 01:37:03.040]  years but sometimes with certain things concerning public fishes one of them is false imprisonment
[01:37:03.040 --> 01:37:11.840]  uh kidnapping is the criminal charge false imprisonment is the civil tort
[01:37:13.040 --> 01:37:20.640]  on on civil tort you have one year and normally the way you do that is almost all
[01:37:21.520 --> 01:37:30.320]  governmental jurisdictions have a statute that requires that before you can sue the jurisdiction
[01:37:30.320 --> 01:37:36.720]  you must give them notice an opportunity notice of the harm and opportunity to repair
[01:37:37.600 --> 01:37:45.200]  and you do that in form of a tort letter you have harmed me in this way make me hold or be sued
[01:37:46.480 --> 01:37:54.400]  and then the jurisdiction will have 60 days to respond regardless of rather how they respond
[01:37:54.400 --> 01:38:00.480]  and after the 60 days then under law you can file a civil action
[01:38:03.280 --> 01:38:14.080]  does that answer that question yes um now we were um also wondering if um we can actually
[01:38:16.800 --> 01:38:22.800]  you know we have some other things that happened as well and this was really the biggest one
[01:38:22.800 --> 01:38:32.560]  that um made us very very upset and we said we're not going to do nothing we will do what it is
[01:38:32.560 --> 01:38:38.960]  the right thing to do now that we have more advice from you and information about what to do
[01:38:39.920 --> 01:38:47.280]  I wonder if there are the things um that um we should also do before we actually
[01:38:47.280 --> 01:38:56.560]  take him back to school because we really didn't mean to have him at home schools we we have a
[01:38:56.560 --> 01:39:05.920]  daughter who is um actually finishing fifth grade um at the same school and um we don't want to
[01:39:05.920 --> 01:39:13.040]  interfere with that we don't want to cause problems for her so but having him back to school we
[01:39:13.040 --> 01:39:21.360]  wanted to make sure that he's not going to be um treated unfair uh nor things that happened
[01:39:21.360 --> 01:39:28.160]  during this school semester will ever happen again like the bus okay that part's easy
[01:39:29.840 --> 01:39:37.040]  you go down to the local police don't you know we have another rule never give fair warning
[01:39:37.040 --> 01:39:45.040]  uh people when they feel like governmental entities are acting inappropriate pretend to
[01:39:45.040 --> 01:39:51.760]  go before them and say well you have a do to do this and I have these rights and blah blah blah
[01:39:51.760 --> 01:39:58.240]  well they hear that all the time and uh that's giving fair warning when you start telling a
[01:39:58.240 --> 01:40:03.840]  public official what they're supposed to do they're always going to classify you as agitated
[01:40:03.840 --> 01:40:12.160]  and they're going to take whatever you say as a threat so I suggest that people don't give fair
[01:40:12.160 --> 01:40:21.520]  warning bushwhack is so much better and it's more elegant I go before a public official I
[01:40:21.520 --> 01:40:27.520]  ask them to do something that I know they're not going to want to do I go to a judge and say judge
[01:40:27.520 --> 01:40:36.240]  I need you to issue a warrant to have the chief of police arrest it oh well mr kelton uh you
[01:40:36.240 --> 01:40:43.760]  really need to take your complaint to the sheriff's department oh wow well thank you very much your
[01:40:43.760 --> 01:40:51.360]  honor I appreciate that sage legal advice and I go away and then I go to the next higher judge
[01:40:51.360 --> 01:40:59.600]  and ask the next higher judge to arrest that first one because he didn't do his duty and the only
[01:40:59.600 --> 01:41:05.440]  way the judge is going to find out that I got a problem with him is when he gets a call from a
[01:41:05.440 --> 01:41:14.960]  higher level judge saying why is this guy in here trying to get me arrested and we will have the
[01:41:14.960 --> 01:41:24.480]  judge's attention because he will not have seen that coming with that said you really don't want
[01:41:24.480 --> 01:41:33.600]  the judge arrested but you do want the judge to understand that it's not his courtroom it's yours
[01:41:33.600 --> 01:41:43.760]  the judge it doesn't work for the people this is not a democracy this is a democratic republic
[01:41:45.040 --> 01:41:51.840]  the judge works for the individual when I work walk into a courthouse
[01:41:52.800 --> 01:42:00.720]  everybody works for me and they are not to forget it and if I'm the head the head of a
[01:42:00.720 --> 01:42:08.640]  large corporation and I come into the the office and I see the guy in the mailroom in there snort
[01:42:08.640 --> 01:42:20.000]  and coke I won't go to the guy in the mailroom because I'm not his supervisor I go to the guy
[01:42:20.000 --> 01:42:28.240]  under me and say what is your problem can't you control your people and the vice the president
[01:42:28.240 --> 01:42:32.960]  or the vice president under me he's going to go to the head of that section and he's going to
[01:42:33.520 --> 01:42:40.080]  crawl down his throat because his boss was crawling down his throat and it's going to
[01:42:40.720 --> 01:42:45.680]  filter down to the guy at the bottom but time it gets to the guy in the bottom he's in big trouble
[01:42:47.120 --> 01:42:52.720]  I learned this in the military they said it rolls downhill and it certainly does
[01:42:52.720 --> 01:43:01.920]  and your advantage and the best thing your son could understand is is that he's the master of
[01:43:01.920 --> 01:43:09.120]  all these people when I was on a military base you know if a general was coming to the base
[01:43:09.120 --> 01:43:13.920]  we had to go out and pick up every cigarette butt and cut every blade of grass perfect
[01:43:13.920 --> 01:43:20.320]  to make the the base look absolutely immaculate because the general was coming it's only one
[01:43:20.320 --> 01:43:26.000]  person on the base we were more afraid of than the general and that was the civilian
[01:43:27.440 --> 01:43:33.600]  because the civilian was the one who could walk into the general's office and crawl right down
[01:43:33.600 --> 01:43:40.480]  his throat and the general had no power over that civilian all the general could do is sit there
[01:43:40.480 --> 01:43:45.280]  and keep his mouth shut and take whatever the civilian handed out and when the civilian got
[01:43:45.280 --> 01:43:54.640]  done with the general everybody was in trouble does that make sense christina yes that makes
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[01:46:23.200 --> 01:46:32.320]  okay we are back randy kelton rule of law radio and i am absolutely consistent tonight
[01:46:32.880 --> 01:46:38.960]  i have ran off the cliff at the end of every segment okay christina you were talking when
[01:46:38.960 --> 01:46:48.240]  we fell off the cliff there yes i was listening um ostensibly as to what you were um saying
[01:46:48.240 --> 01:46:57.200]  and everything makes sense now i really wonder if we can still have a chance to do this right
[01:46:57.200 --> 01:47:05.440]  because what i haven't told you yet is um we actually spent a certified um letter to
[01:47:06.560 --> 01:47:12.800]  the school board officials and uh we informed them of what happened and we wanted to have
[01:47:12.800 --> 01:47:22.720]  clarifications on that and i don't know if we actually gave out say the notice that you were
[01:47:22.720 --> 01:47:32.160]  talking about that we should not tell anything okay your that letter where you asked for
[01:47:32.160 --> 01:47:40.320]  clarification would not amount to a tort letter right a tort letter you have to notice them that
[01:47:40.320 --> 01:47:49.920]  you have been harmed and give them opportunity to make you whole so we tend to do that by saying
[01:47:49.920 --> 01:47:56.320]  i was harmed and i was harmed in this amount make me wholly be cured everybody be sued
[01:47:58.400 --> 01:48:05.760]  and that's giving them tort notice there is another thing you can do did the school board
[01:48:05.760 --> 01:48:17.920]  clarify your issue no good in texas and it's probably similar in indiana if i go down to
[01:48:17.920 --> 01:48:24.880]  the district court and i file a civil suit it'll cost me about between two fifty three hundred
[01:48:24.880 --> 01:48:34.640]  dollars however most every state has a declaratory judgment law and the purpose of a declaratory
[01:48:34.640 --> 01:48:43.920]  judgment law is to ask the court to declare the rights of the parties it it uh does not include
[01:48:43.920 --> 01:48:50.240]  any harm you know i help people with foreclosure issues and the first thing you look at in foreclosure
[01:48:50.240 --> 01:48:59.520]  is what's filed in the public record the only person who has standing to raise a claim against
[01:48:59.520 --> 01:49:08.320]  property must be the person named in the public record so the way the banks have been handling
[01:49:09.280 --> 01:49:15.840]  the mortgages is almost always the one trying to do the foreclosure is not the one named in
[01:49:15.840 --> 01:49:21.440]  the public record so i file a declaratory judgment suit i want the court to declare the
[01:49:21.440 --> 01:49:30.960]  rights of the parties i'm not asking for any harm at all and i say here is 13 001 or in california
[01:49:30.960 --> 01:49:39.600]  would be 12 12 14 every state has a statute that says any claim against real property not properly
[01:49:39.600 --> 01:49:45.600]  acknowledged or proven and filed in the record is void is to the holder and ask the court to say
[01:49:45.600 --> 01:49:51.760]  this guy over here is trying to foreclose but he's not named in the public record over here
[01:49:51.760 --> 01:50:01.040]  as a holder so i want the court to say that this person has no standing to enforce a claim
[01:50:01.040 --> 01:50:10.560]  against real property under 13.001 so you're not asking the judge to to assign any blame or
[01:50:10.560 --> 01:50:16.240]  or grant harm against someone you're just asking him to apply the facts to the law
[01:50:17.760 --> 01:50:27.520]  and in texas that cost you 15 bucks and you drag them in front of the district court so if the
[01:50:27.520 --> 01:50:35.280]  school board didn't bother to address this issue for you you might look at a declaratory judgment
[01:50:35.280 --> 01:50:46.160]  suit and ask the district court to to rule on whether or not a principal has the right
[01:50:47.200 --> 01:50:56.000]  to hold a child after school and if so under what conditions does a principal have a right to
[01:50:56.000 --> 01:51:04.880]  to arrest a child arrest his freedom of movement and seize him for fourth for fifth amendment
[01:51:04.880 --> 01:51:13.760]  fourth amendment rights and ask the court to rule when losers draw they are never gonna
[01:51:13.760 --> 01:51:20.160]  want to go there with you again and that would be a great teaching tool for your son
[01:51:20.160 --> 01:51:27.680]  the one thing you would find out you know generally your kids they deal with principles
[01:51:27.680 --> 01:51:34.560]  and teachers and they they deal with the local police and they deal with traffic courts and
[01:51:34.560 --> 01:51:41.920]  those courts are arrogant dismissive they pay no attention to any law and it gives the kids
[01:51:42.480 --> 01:51:47.280]  the impression that they're totally subject to whatever these public officials do
[01:51:47.280 --> 01:51:55.760]  you put your son in front of a district judge he'll be the highest level judge that practices in
[01:51:55.760 --> 01:52:03.920]  the county you get in front of those guys these guys are pros and they don't do all this arrogant
[01:52:03.920 --> 01:52:11.040]  garbage the lower courts do they treat litigants there with the dignity and respect a person ought
[01:52:11.040 --> 01:52:18.240]  to be treated with and this would give your son exposure to a higher level courts and they'll
[01:52:18.240 --> 01:52:27.200]  demonstrate to your son how it really should work children need to understand they have remedy
[01:52:30.000 --> 01:52:36.240]  bad things are going to happen public officials administer the courts they administer the entire
[01:52:36.240 --> 01:52:42.800]  system and they're flawed not intentionally necessarily they just do things the way that
[01:52:42.800 --> 01:52:48.640]  works best for them and the kids need to understand there is a remedy around and
[01:52:49.200 --> 01:52:54.480]  you get them exposed to a high level judge the high level judge will treat them with dignity and
[01:52:54.480 --> 01:53:03.440]  respect especially if a child comes before them with a valid and reasonable argument they will
[01:53:03.440 --> 01:53:11.120]  be treated treated with the utmost respect it'll give you it'll rejuvenate their confidence in the
[01:53:11.120 --> 01:53:19.360]  system it doesn't it doesn't matter how young the child is uh or doesn't matter because he's seven
[01:53:19.360 --> 01:53:28.240]  he's seven years old that would no it doesn't matter there's nothing I find in law that restricts
[01:53:28.240 --> 01:53:36.960]  my rights to an age limit now there are things in law that are reasonable and one that goes to
[01:53:38.320 --> 01:53:48.720]  false imprisonment and they're kidnapping there is a special exception to kidnapping and that the
[01:53:48.720 --> 01:53:59.760]  child is under generally the age of 16 and that you took possession of the child as a legal guardian
[01:54:00.480 --> 01:54:08.320]  and for the purpose of protecting the child doesn't include for the purpose of forcing the
[01:54:08.320 --> 01:54:15.920]  parent come down have a meeting with me so the child has this right this is not your right as the
[01:54:15.920 --> 01:54:23.760]  parent this is the child's right so you could file this it would be called an in-rim action
[01:54:25.520 --> 01:54:34.000]  they're generally titled in for the benefit of so the child is actually named as the pointer
[01:54:34.880 --> 01:54:42.480]  you would file the the suit as the parent or guardian but you'd file it for the benefit of
[01:54:42.480 --> 01:54:49.040]  the child and seventh grade well that would be wonderful oh wait did you say seventh grade or
[01:54:49.040 --> 01:54:56.000]  seven years old no he's seven years old second grade okay then he wouldn't understand all this
[01:55:00.000 --> 01:55:05.840]  youth youth he's he's a little too young to wrap his head around all this and to have him
[01:55:05.840 --> 01:55:14.240]  held by the principle this way just to meet we have him taken out of line in front of all
[01:55:14.240 --> 01:55:21.040]  of his friends when he didn't necessarily do anything to deserve it child's going to feel betrayed
[01:55:22.400 --> 01:55:29.840]  right and that that is not acceptable my son they wanted to hold him back in the first grade
[01:55:29.840 --> 01:55:38.320]  because he he was scatterbrained and I asked the teacher did he pass all his subjects and she said
[01:55:38.320 --> 01:55:42.480]  well yes but we're afraid that if he gets in the second grade he won't be able to keep up
[01:55:43.600 --> 01:55:50.400]  and I told him we'll deal with that in the second grade but right now he if he has passed all his
[01:55:50.400 --> 01:55:59.520]  subjects you owe it to him to promote him if you don't he will feel horribly betrayed and you will
[01:55:59.520 --> 01:56:09.840]  damage his trust in the system from now on so that will not happen he eventually graduated from
[01:56:09.840 --> 01:56:18.000]  college top three percent in the nation had she held him back in the first grade it would have
[01:56:18.000 --> 01:56:27.360]  destroyed his self-esteem and at that at that age self-esteem is is crucial and it's hard for these
[01:56:27.360 --> 01:56:34.640]  children to develop self-esteem and we cannot let our public officials destroy that we just cannot
[01:56:36.480 --> 01:56:44.960]  yes I agree and that is what actually has been half of these for the past two school years like
[01:56:44.960 --> 01:56:57.600]  first grade and second grade we've been just in an up-and-down roller coaster for this school and
[01:56:57.600 --> 01:57:03.920]  the principal is controlling everyone and everything and she actually had an agenda to
[01:57:04.960 --> 01:57:12.480]  have our son tested psychologically as well and at that point we were like no you can't
[01:57:12.480 --> 01:57:17.760]  push this on us we are not going to do that because we know our son doesn't have any problems
[01:57:18.400 --> 01:57:25.200]  and doesn't have any mental problems he is energetic he he likes to be happy he's very
[01:57:25.200 --> 01:57:31.760]  talkative but you know I mean he doesn't have anything that would make a thing that
[01:57:31.760 --> 01:57:35.680]  he needs to be tested but she was pushing and pushing and pushing all these things
[01:57:35.680 --> 01:57:44.240]  on us so we we just were not secure we weren't we did not feel that he was secure in that
[01:57:44.240 --> 01:57:53.120]  environment any longer he was sent several times to the office he was recruited by dad
[01:57:54.080 --> 01:58:03.760]  you know we just really couldn't go on so that was why the only option was homeschooling him
[01:58:03.760 --> 01:58:10.400]  at this time in the school year so we have so many things we actually
[01:58:12.800 --> 01:58:17.680]  are seeking for more and more advice I don't know how much time I'm so allowed
[01:58:19.360 --> 01:58:25.200]  well I do need to move along but we do have a show every Thursday and Friday night I have a whole
[01:58:25.200 --> 01:58:26.240]  board full of callers
[01:58:26.240 --> 01:58:34.000]  the call back next week after you've had time to think about what we've talked about
[01:58:35.120 --> 01:58:38.320]  and you'll probably have some more directed questions
[01:58:39.920 --> 01:58:46.960]  thank you so much for your time and kindness and helpfulness on this matter and really helped
[01:58:46.960 --> 01:58:49.360]  a lot and I will get back yes I will
[01:58:50.240 --> 01:58:55.840]  the bible remains the most popular book in the world yet countless readers are frustrated
[01:58:55.840 --> 01:59:01.840]  because they struggle to understand it some new translations try to help by simplifying the text
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