ROL_2018-04-19_16k.timecode

[00:00.000 --> 00:07.680]  The following news flash is brought to you by the Lowstar Lowdowns, providing the jelly
[00:07.680 --> 00:15.440]  bulletins for the commodities market, today's history, news updates, and the inside scoop
[00:15.440 --> 00:23.600]  into the tides of the alternative.
[00:23.600 --> 00:31.040]  Watch for the 11th of April, 2018, closed with gold $1,353.22 an ounce, silver $16.68
[00:31.040 --> 00:41.280]  an ounce, Texas crude $65.51 a barrel, bitcoins at $6,902.19, ethereum at $420.80, bitcoin
[00:41.280 --> 00:55.520]  cash at $652.90, and finally light coins at $114.34, a crypto coin.
[00:55.520 --> 01:01.200]  Today in history, the year 1968, President Lyndon B. Johnson signed the Civil Rights Act
[01:01.200 --> 01:06.640]  of 1968, which prohibited private businesses from discriminating based on race, color, religion,
[01:06.640 --> 01:12.320]  sex, or national origin. It also prohibited unequal application of voter registration requirements,
[01:12.320 --> 01:18.240]  racial segregation in public schools, in employment, and public accommodations for places of business.
[01:18.240 --> 01:24.000]  Today in history.
[01:24.000 --> 01:28.720]  In recent news, tensions in Syria seem to reach new levels after a chemical attack on civilians
[01:28.720 --> 01:33.000]  in the city of Douma, which left 40 dead and many injured, an attack which is being blamed
[01:33.000 --> 01:37.560]  on the democratically elected president of Syria, Bashar al-Assad, by the United States
[01:37.560 --> 01:42.040]  and on Israel by Russia, either accusatory narrative without any verified evidence as
[01:42.040 --> 01:46.840]  of yet. President Trump tweeted today, Wednesday, that if, quote, Russia vows to shoot down
[01:46.840 --> 01:51.200]  any and all missiles fired at Syria, get ready, Russia, because they will be coming in nice
[01:51.200 --> 01:55.800]  and new and smart, going on to warn Russia that you shouldn't be partners with a gas-killing
[01:55.800 --> 02:00.280]  animal who kills its people and enjoys it. Many in the West, including President Trump,
[02:00.280 --> 02:05.160]  have been quick to conclude that this chemical attack must have been conducted by Assad and
[02:05.160 --> 02:10.040]  his forces. Syria and Russia, on the other hand, have given approval since yesterday
[02:10.040 --> 02:14.080]  for the organization for the prohibition of chemical weapons to investigate the sign that
[02:14.080 --> 02:18.800]  the chemical slaughter. Assad has been successful in maintaining rule and support during Syria's
[02:18.800 --> 02:23.640]  seven-year civil war, a civil war that is being fought by the government of Syria and anti-Assad
[02:23.640 --> 02:28.480]  Syrian rebels that are openly being funded by Western governments, with ISIS being one
[02:28.480 --> 02:32.960]  of the more notorious swimmer groups of the American-backed Syrian rebels. No surprise
[02:32.960 --> 02:38.400]  then why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook that smart
[02:38.400 --> 02:42.880]  missiles should be fired at terrorists and not at a legitimate government, which has
[02:42.880 --> 02:47.080]  been fighting terrorists. Or is this a trick to destroy all traces with a smart missile
[02:47.080 --> 02:51.080]  strike, and then there will be no evidence for international inspectors to look at?
[02:51.080 --> 02:58.080]  This was Kirk Rody with the Lowdown for April 11, 2018.
[03:21.080 --> 03:28.080]  I'm not sure what you're going to do. Bad boys, bad boys. What you're going to do? What
[03:29.080 --> 03:35.080]  you're going to do when they come for you? Bad boys, bad boys. What you're going to
[03:35.080 --> 03:40.080]  do? What you're going to do when they come for you? When you were eight and your head
[03:40.080 --> 03:45.080]  back three, you'd go to school and learn the golden rules. So why are you acting like
[03:45.080 --> 03:52.080]  you're bloody food and that is just nothing. Bad boys, what you're going to do? What you're
[03:56.080 --> 04:01.080]  going to do when they come for you? Bad boys, bad boys. What you're going to do when
[04:01.080 --> 04:10.080]  they come for you? Bad boys, what you're going to do, when they come for you? Bad boys,
[04:10.080 --> 04:25.680]  Okay, howdy, howdy, Randy Kelton, Denver Stevens, rule of law radio on this the 19th day of
[04:25.680 --> 04:35.000]  April 2018 and the quick update on the traffic site.
[04:35.000 --> 04:45.000]  I have a state-side programmer for the website production, still has a Russian programmer.
[04:45.000 --> 04:50.080]  I have most all of the software up and in place.
[04:50.080 --> 04:58.880]  I am in the process of finishing up a front-end set of questionnaires.
[04:58.880 --> 05:06.760]  We are very close to launching, but the closer I get to launching, the more concerned I get
[05:06.760 --> 05:18.880]  because the procedure that I use will be so almost immediately dramatic in that it will
[05:18.880 --> 05:27.960]  alert everyone in Texas and in government that something really big time is going on.
[05:27.960 --> 05:33.400]  So I am struggling with should I launch this immediately or wait until I get funding, because
[05:33.400 --> 05:39.160]  if I don't get funding first, someone with deep pockets is likely to see what I am doing
[05:39.160 --> 05:42.560]  and then walk right in and swallow me.
[05:42.560 --> 05:47.320]  So at the moment I am in a conundrum, but it is a nice conundrum to be in.
[05:47.320 --> 05:53.640]  We are on the verge of changing everything and I am trying to be very careful to make
[05:53.640 --> 05:59.120]  sure the bad guys don't get a shot at sneaking in and swallowing everything and shutting
[05:59.120 --> 06:00.760]  it down.
[06:00.760 --> 06:07.040]  But we are really close and the call board is absolutely full already.
[06:07.040 --> 06:14.480]  So I am going to go ahead and go to the call boards, Rick in Texas, what do you have for
[06:14.480 --> 06:15.480]  us today?
[06:15.480 --> 06:20.400]  Hello Randy, can you hear me?
[06:20.400 --> 06:26.400]  I can hear you, I heard you clearly throat, that was enough.
[06:26.400 --> 06:31.640]  Oh good, thank you so much.
[06:31.640 --> 06:37.640]  The 202 pre litigation discovery that you had mentioned to me once, but we might talk
[06:37.640 --> 06:38.640]  about how to do that.
[06:38.640 --> 06:44.840]  I also called the court as you would recommend it and asked them about how to subpoena this
[06:44.840 --> 06:48.480]  Nelson Lewis guy and they said, you know, we don't give out legal information, you
[06:48.480 --> 06:55.240]  know, get online to texaslawhelp.org and find out for yourself.
[06:55.240 --> 06:59.920]  So that's where we are and then I got something in the mail from the judge again today, another
[06:59.920 --> 07:05.200]  notice of setting resetting, I told you that May 10th we are meeting for a sit down with
[07:05.200 --> 07:10.560]  a prosecutor, but now they are going to have a jury trial, announce ready hearing for jury
[07:10.560 --> 07:13.760]  trial set for June 14th.
[07:13.760 --> 07:16.160]  So I don't know what they are doing here.
[07:16.160 --> 07:25.440]  Okay, that gives you time to do a nice set of discovery and I have a whole stack of
[07:25.440 --> 07:34.160]  motions and pleadings to file and in Rick's case Rick was charged with a Class C misdemeanor
[07:34.160 --> 07:44.600]  and then when he had the absolute gall of pleading not guilty and pursuing his defense
[07:44.600 --> 07:55.320]  on the Class C misdemeanor, it appears as though the prosecutor conspired with the clerk
[07:55.320 --> 08:06.080]  to raise the allegation from a Class C to a Class A. They are clearly trying to coerce
[08:06.080 --> 08:14.760]  Rick into laying down and rolling over for him, but it is my impression that I got the
[08:14.760 --> 08:20.240]  wrong guy here because it's been Rick's past history that he doesn't lay down and roll
[08:20.240 --> 08:28.560]  over for him and now we are looking at going back after them, I have constructed a statement
[08:28.560 --> 08:37.600]  of facts and a statement of factual accusation along with a number of criminal allegations
[08:37.600 --> 08:46.200]  that we are preparing to file with the local Texas Ranger.
[08:46.200 --> 08:56.360]  Accusing the prosecutor, the clerk, we are looking at some discovery because the original
[08:56.360 --> 09:00.080]  complaint involved less than $50 worth of damages.
[09:00.080 --> 09:06.840]  This is where he went into a, drove down a dirt road and apparently it wasn't marked
[09:06.840 --> 09:11.880]  that way, it wasn't marked no trespassing or anything, but it turned that it ran into
[09:11.880 --> 09:17.000]  a little track and he drove around the track and came out and they charged him with damaging
[09:17.000 --> 09:27.160]  this track, I guess it's for running or something and charged him for damage under $50.
[09:27.160 --> 09:34.640]  He destroyed some dirt and figured out how you destroy dirt, but he destroyed some dirt
[09:34.640 --> 09:41.680]  and then once he fought the allegation, seven or eight months later they came back with
[09:41.680 --> 09:47.280]  an allegation of over $750 worth of damage.
[09:47.280 --> 09:53.480]  We think they conspired to do this and we are going to take them to the wall on it.
[09:53.480 --> 10:03.760]  So now they are pushing for prosecution and the prosecutor knows that this is bogus, but
[10:03.760 --> 10:11.760]  he expects that because he is now threatening Rick with a year in jail that Rick will just
[10:11.760 --> 10:19.560]  do anything the prosecutor wants him to and make a deal so the prosecutor can punish him
[10:19.560 --> 10:22.720]  for having the gall to plead not guilty to a case.
[10:22.720 --> 10:30.600]  Now we want to do some discovery to find out how many people plead not guilty and what
[10:30.600 --> 10:34.880]  happens to those people when they plead not guilty in this court.
[10:34.880 --> 10:44.760]  It is unreasonable to believe that the prosecutor would perpetrate these kinds of improper procedures
[10:44.760 --> 10:48.040]  just for Rick.
[10:48.040 --> 10:56.560]  I suspect this is an ongoing criminal conspiracy or criminal enterprise intended to deny anyone
[10:56.560 --> 11:01.160]  who pleads not guilty in their right to do process.
[11:01.160 --> 11:04.200]  Does that sound pretty accurate Rick?
[11:04.200 --> 11:06.880]  Yes.
[11:06.880 --> 11:22.120]  So question or comment?
[11:22.120 --> 11:32.280]  The first question I wanted to ask on May 10th was to ask Eddie was the prosecutor did you
[11:32.280 --> 11:38.840]  guys go out and approach them to upgrade this from a C to an A or did they approach you?
[11:38.840 --> 11:39.840]  Bad question.
[11:39.840 --> 11:40.840]  Okay.
[11:40.840 --> 11:45.040]  Here is the reason that is a bad question.
[11:45.040 --> 11:50.360]  Never ask a question you don't really know the answer to.
[11:50.360 --> 12:00.160]  Okay in this case they gave Rick a copy of an invoice and the invoice looked like somebody
[12:00.160 --> 12:05.560]  just made it up on their computer it didn't look like a professionally printed invoice
[12:05.560 --> 12:10.280]  and it just they did $750 worth of work.
[12:10.280 --> 12:17.400]  Now it's odd that it would be that amount because that is the exact amount that would
[12:17.400 --> 12:25.480]  be required for this to be a class A misdemeanor and there is no details in the invoice and
[12:25.480 --> 12:33.680]  the invoice was dated what Rick 30 days or so after the supposed and circumstance occurred?
[12:33.680 --> 12:38.720]  10 days it was fixed 10 days after I received the ticket.
[12:38.720 --> 12:46.960]  Okay and then how long after that occurred did you receive notice of the invoice?
[12:46.960 --> 12:55.360]  I just received the invoice no no wait there was something about the invoice what was the
[12:55.360 --> 13:03.520]  date the invoice was dated 10 days after oh and how long after the class A misdemeanor
[13:03.520 --> 13:08.520]  charge was filed did they raise it to a class A?
[13:08.520 --> 13:11.040]  Almost six months.
[13:11.040 --> 13:20.280]  So they had they had the invoice within 10 days they would have had the invoice which
[13:20.280 --> 13:27.120]  alleged $750 worth of damage before you ever went to court on the class A misdemeanor.
[13:27.120 --> 13:33.200]  You went to court on the class A misdemeanor and pled not guilty they already had supposedly
[13:33.200 --> 13:41.000]  had this evidence but they somehow didn't use that for four or five months?
[13:41.000 --> 13:51.160]  I think they made it up so now we need to use 202 pre-integration discovery to go back
[13:51.160 --> 14:00.920]  to the original complainant which is a Christian school of some sort and do discovery from
[14:00.920 --> 14:09.240]  them to find their invoice where they paid this guy and request from them the invoice
[14:09.240 --> 14:13.840]  they received from this guy.
[14:13.840 --> 14:19.760]  It may well be that they don't know anything about it so first thing we want to do is go
[14:19.760 --> 14:29.680]  to the original source and ask you know do a request to them for a copy of this invoice
[14:29.680 --> 14:38.560]  and ask for a contract between the contractor and the school we want the school to look
[14:38.560 --> 14:43.320]  at this and say what is going on here school had nothing to do with this the prosecutor
[14:43.320 --> 14:50.640]  made it up we want the school to say hey wait a minute wait a minute got it we're being
[14:50.640 --> 15:01.960]  pushed into litigation here that we may have nothing to do with so we want to see if we
[15:01.960 --> 15:09.800]  can get the school to say we don't know anything about this invoice and if they don't then
[15:09.800 --> 15:16.440]  it's dog meat for the prosecutor then we go straight for his throat we push him to a
[15:16.440 --> 15:24.920]  grand jury we think he made all this up and we think he believed that when he shook the
[15:24.920 --> 15:31.080]  year in jail at you that you would cave and and fold under and he'd get you to take a
[15:31.080 --> 15:39.800]  deal and he'd be a hero for teaching you not to object to a classy misdemeanor we'll see
[15:39.800 --> 15:46.840]  how this works out for him so that's what I'm looking at first is we do a 202 petition
[15:46.840 --> 15:57.920]  for discovery to preserve evidence and depose someone at the school preferably whoever the
[15:57.920 --> 16:04.720]  director of the school is or their whoever handles their finances and these guys are
[16:04.720 --> 16:11.320]  not going to want to get involved in a protracted legal issue so I don't think the prosecutor
[16:11.320 --> 16:18.160]  is going to have an ally here so all goes to politics but we are about to go to break
[16:18.160 --> 16:27.400]  hang on Rick this is Randy Kelton Debra Stevens rule of our radio I call in number 5126461984
[16:27.400 --> 16:33.000]  you'll be taking your calls all night so if you have a question or comment give us a call
[16:33.000 --> 16:40.040]  and we have our fundraiser going during the break you might check out logos radio network
[16:40.040 --> 16:48.920]  and look at some of the books and services we have to offer that will help you dramatically
[16:48.920 --> 16:56.960]  in being able to handle your own legal issues and help to support this network hang on we'll
[16:56.960 --> 17:05.280]  be right back saying cookies cookie me love cookies oh hi cookie munchers no these are
[17:05.280 --> 17:11.200]  yucky cookies cookies yucky no no bad cookies you can't even eat these cookies these are
[17:11.200 --> 17:17.200]  cyber cookies no can't eat no they are cyber cookies and they clog up your computer these
[17:17.200 --> 17:25.200]  have apples really oh that's an actual apple yummy apple I'm going to throw away these
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[17:31.800 --> 17:38.000]  and clear them bye bye yucky cookies now I go to logos radio network dot com and I click
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[17:54.720 --> 18:01.720]  a little present to this radio network too these are cookies are you being harassed by
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[18:17.560 --> 18:22.600]  on how to win in court using federal civil rights statute what to do when contacted by
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[22:39.800 --> 22:46.200]  The judge and the prosecutor and the clerk who filed the complaint are all going to have
[22:46.200 --> 22:51.080]  to ask her to this Texas Ranger.
[22:51.080 --> 22:56.360]  That's going to change their attitude because now you've thrown a monkey wrench in their
[22:56.360 --> 22:57.360]  works.
[22:57.360 --> 23:03.720]  Now they've got somebody they can't manipulate and then you start beating up the Texas Ranger
[23:03.720 --> 23:10.320]  and he's going to be upset because he's getting beat up because of these guys.
[23:10.320 --> 23:12.320]  You create a lot of politics.
[23:12.320 --> 23:13.320]  Right.
[23:13.320 --> 23:14.320]  Right.
[23:14.320 --> 23:16.920]  How about the individual complaint?
[23:16.920 --> 23:18.240]  They all go to the Texas Ranger.
[23:18.240 --> 23:21.240]  Any complaint against the public official goes to the Texas Ranger.
[23:21.240 --> 23:27.520]  And then when the Texas Ranger goes to the prosecuting attorney and refuses and the prosecutor
[23:27.520 --> 23:32.440]  tells him not to prosecute, then we charge the Ranger and the prosecutor with criminal
[23:32.440 --> 23:34.120]  conspiracy to commit.
[23:34.120 --> 23:41.880]  Does this all need to be done before the 10th, before I show up?
[23:41.880 --> 23:45.200]  Wait, say that again?
[23:45.200 --> 23:48.720]  To make sure I get a copy of the complaint to the Texas Ranger.
[23:48.720 --> 23:51.600]  Do I need to do that before May 10th?
[23:51.600 --> 23:52.600]  Yes.
[23:52.600 --> 23:53.600]  Okay.
[23:53.600 --> 23:56.600]  We'll have that to you shortly.
[23:56.600 --> 23:59.440]  I've been ill the last few days so I'm kind of falling behind.
[23:59.440 --> 24:00.440]  Yeah, that's okay.
[24:00.440 --> 24:01.440]  That's okay.
[24:01.440 --> 24:02.440]  That's okay.
[24:02.440 --> 24:03.440]  I'm getting caught up.
[24:03.440 --> 24:06.640]  I'm eager to send them and then I'll have to talk with you.
[24:06.640 --> 24:10.680]  I hate to sound so inept but the things I told you I want to say, you're like, no, no,
[24:10.680 --> 24:11.680]  you shouldn't.
[24:11.680 --> 24:16.240]  So we'll talk about how, I guess, what will be coming out of my mouth to them on the
[24:16.240 --> 24:21.280]  10th when we have to sit down and talk and we want to know if I'm going to accept paying
[24:21.280 --> 24:22.280]  anything.
[24:22.280 --> 24:23.280]  Okay, yeah.
[24:23.280 --> 24:25.280]  We'll talk about that off the air.
[24:25.280 --> 24:26.280]  Great.
[24:26.280 --> 24:27.280]  Okay.
[24:27.280 --> 24:30.640]  Thank you, Rick.
[24:30.640 --> 24:33.640]  And now we're going to go to Brett in Texas.
[24:33.640 --> 24:35.640]  Hello, Brett.
[24:35.640 --> 24:39.040]  Hello there, Randy.
[24:39.040 --> 24:41.640]  What do you have for us today?
[24:41.640 --> 24:52.000]  Well, I have a question regarding a little court where I wanted to see the records in
[24:52.000 --> 24:53.000]  the case.
[24:53.000 --> 24:59.800]  Previously, my experience has been I go to the court clerks and I say, hello, I'm Brett
[24:59.800 --> 25:00.800]  Downton.
[25:00.800 --> 25:01.800]  I would like to see the file.
[25:01.800 --> 25:03.920]  And they say, sure.
[25:03.920 --> 25:07.400]  And they go over and they pull out the file and they set it down in front of me and I
[25:07.400 --> 25:12.600]  can flip through it at my leisure or I can tell them, hmm, I haven't seen this one.
[25:12.600 --> 25:14.680]  Would you please give me a copy of it?
[25:14.680 --> 25:18.960]  Well, that was my experience in Plano.
[25:18.960 --> 25:25.560]  You know, I told you I recently ran into the Plano Municipal Police and they sold me
[25:25.560 --> 25:27.880]  one of their very nice little citations.
[25:27.880 --> 25:33.320]  Well, I went into the court clerk and they wouldn't show me anything.
[25:33.320 --> 25:36.560]  That always gets a 911 call when I do that.
[25:36.560 --> 25:43.000]  Well, they said that they can show me, but I needed to fill out this form and it's an
[25:43.000 --> 25:44.000]  open records request.
[25:44.000 --> 25:49.200]  And it says, I understand that they have 10 days to fulfill the request.
[25:49.200 --> 25:53.400]  Well, so they have no such thing.
[25:53.400 --> 25:54.920]  That goes under Rule 12.
[25:54.920 --> 26:00.360]  Rule 12 does not apply to a municipal or JP court.
[26:00.360 --> 26:02.360]  Down 911.
[26:02.360 --> 26:05.320]  That's a great thing to down 911 on.
[26:05.320 --> 26:08.760]  The clerks, you know, they think they're doing what they're supposed to be doing.
[26:08.760 --> 26:14.040]  When you call 911 and ask the police officer, it shows up to arrest the clerk, then it gets
[26:14.040 --> 26:15.040]  real interesting.
[26:15.040 --> 26:21.080]  And they find out this is going to get serious.
[26:21.080 --> 26:27.720]  Because the clerk went to ask the chief judge if it was okay to give me copies of what was
[26:27.720 --> 26:30.560]  in the file.
[26:30.560 --> 26:35.160]  And they were saying, you're going to have to pay, it's over 10 pages, so you're going
[26:35.160 --> 26:37.360]  to have to pay 10 cents a page.
[26:37.360 --> 26:39.360]  It's 12 pages, so that's $1.20.
[26:39.360 --> 26:44.760]  And I said, I'm sorry, I didn't bring any money in here with me.
[26:44.760 --> 26:47.360]  You just want to look at them.
[26:47.360 --> 26:51.240]  You asked to look at them, not for copies.
[26:51.240 --> 26:59.600]  Yeah, so they said that, I said, well, if you're going to charge me for them, and I
[26:59.600 --> 27:07.480]  can't look, and I can't take the copy with me, now please inspect the records.
[27:07.480 --> 27:15.960]  So I said, well, I don't mind if I take copy of a picture with my phone, whatever, no problem.
[27:15.960 --> 27:17.840]  She went up and talked to the judge.
[27:17.840 --> 27:23.000]  She came back saying, well, the chief judge told me that she was not allowed to take pictures
[27:23.000 --> 27:25.000]  of the document.
[27:25.000 --> 27:26.000]  Good.
[27:26.000 --> 27:30.080]  Now you file criminal charges against the chief judge.
[27:30.080 --> 27:31.080]  Official oppressive.
[27:31.080 --> 27:37.920]  So I got his name, but I would like to back up this official oppression, use of the office,
[27:37.920 --> 27:38.920]  official capacity.
[27:38.920 --> 27:43.840]  I'd like to back that up with something that's in black and white, some statutory thing
[27:43.840 --> 27:48.920]  that says that I do have a right to take a look at something where I'm the criminally
[27:48.920 --> 27:51.920]  accused.
[27:51.920 --> 27:59.720]  127 Texas Code of Criminal Procedure, see, 124, 127.
[27:59.720 --> 28:13.400]  And that reflects Texas Constitutional Article 1, Paragraph 10, all courts shall be public.
[28:13.400 --> 28:23.120]  That has been adjudicated to mean we have absolutely open access to all court documents, period.
[28:23.120 --> 28:31.480]  Rule 12 gives the county court and the district court authority to ask for a written request
[28:31.480 --> 28:38.920]  and can take up to 10 days to reply to it, but that does not include municipal JP courts.
[28:38.920 --> 28:42.920]  They are required to keep their records open for public inspection by all interested parties
[28:42.920 --> 28:45.400]  at all reasonable times.
[28:45.400 --> 28:51.600]  Interested parties have been defined by the Texas Attorney General as any member of the
[28:51.600 --> 28:54.920]  public, reasonable times, normal business hours.
[28:54.920 --> 28:55.920]  They don't have 10 days.
[28:55.920 --> 28:57.640]  They don't have 10 minutes.
[28:57.640 --> 29:01.360]  They're required to maintain their offices in such a way so that they can comply with
[29:01.360 --> 29:05.280]  all law, and this is one of them.
[29:05.280 --> 29:06.280]  Excellent.
[29:06.280 --> 29:07.280]  All right.
[29:07.280 --> 29:10.280]  And I know how to write that next criminal charge.
[29:10.280 --> 29:14.800]  What if that chief judge is not going to be happy about that?
[29:14.800 --> 29:15.800]  Good.
[29:15.800 --> 29:16.800]  That's what we want.
[29:16.800 --> 29:24.440]  I've already got three of their prosecutors in that office all in living hot potatoes
[29:24.440 --> 29:30.560]  about each other, and one about the judge, and the judge already got one because when
[29:30.560 --> 29:35.760]  I asked the clerk for the facts number of the office there where I can send something
[29:35.760 --> 29:39.760]  to the court clerk in case I need to file something, she wouldn't give it to me.
[29:39.760 --> 29:40.760]  She said it's the court's policy.
[29:40.760 --> 29:44.760]  The house criminally against the judge about that.
[29:44.760 --> 29:46.760]  Oh, that's perfect.
[29:46.760 --> 29:47.760]  Hang on.
[29:47.760 --> 29:49.760]  About to go to break.
[29:49.760 --> 29:51.760]  Randy Kelton, rule of the radio.
[29:51.760 --> 29:55.760]  I call in number 512-646-1984.
[29:55.760 --> 29:59.760]  We'll be right back.
[29:59.760 --> 30:06.760]  Is your home as neat as a pin, or is it jam packed with stuff?
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[33:34.760 --> 33:36.760]  Okay, we are back.
[33:36.760 --> 33:45.760]  Randy Kelton, Deborah Stevens, Rule of Law Radio on this Thursday, the 19th day of April, 2018.
[33:45.760 --> 33:48.760]  And we're talking to Brett in Texas.
[33:48.760 --> 33:56.760]  And Brett, it seems like you're beginning to get the feel for this.
[33:56.760 --> 34:03.760]  Yeah, it definitely feels a lot different this time around with this Plano bunch.
[34:03.760 --> 34:08.760]  I'm right on top of them every time they're doing something wrong,
[34:08.760 --> 34:14.760]  but the assistant city attorney who filed all this stuff in first place,
[34:14.760 --> 34:18.760]  you know, I already filed against her and bar grieved her
[34:18.760 --> 34:23.760]  and put a judicial misconduct in against the judge who didn't correct her
[34:23.760 --> 34:26.760]  because he has a responsibility.
[34:26.760 --> 34:29.760]  Oh, that's something that I thought might be interesting to mention to you.
[34:29.760 --> 34:33.760]  I don't know if you're doing this or if you've been telling people about this,
[34:33.760 --> 34:39.760]  but a judge in his code of conduct has a responsibility, a duty,
[34:39.760 --> 34:46.760]  to file a bar grievance on a lawyer who did something wrong.
[34:46.760 --> 34:55.760]  And he also has a responsibility to file a judicial misconduct on another judge who does something wrong.
[34:55.760 --> 35:02.760]  And a lawyer has a responsibility in the Texas Disciplinary Rules of Conduct
[35:02.760 --> 35:04.760]  for them, professional conduct.
[35:04.760 --> 35:11.760]  They also have those responsibilities against another lawyer who has to file a bar grievance.
[35:11.760 --> 35:14.760]  And against another judge, if they have a judge that does something wrong,
[35:14.760 --> 35:19.760]  the lawyer is required to file a judicial misconduct complete with the state.
[35:19.760 --> 35:24.760]  So all four of those lines can be, you know, you can have a lot of fun with those
[35:24.760 --> 35:29.760]  because they do so many things wrong and I just don't have time to file that many complaints,
[35:29.760 --> 35:32.760]  or at least I can put them that way.
[35:32.760 --> 35:34.760]  I'm glad you brought that back up to me.
[35:34.760 --> 35:41.760]  I knew that, but when in the fog of war, some of the details get dropped.
[35:41.760 --> 35:44.760]  I have Tim from Texas.
[35:44.760 --> 35:45.760]  He calls in.
[35:45.760 --> 35:48.760]  We're working on a municipal court issue.
[35:48.760 --> 35:53.760]  And we just filed a judicial conduct complaint against a judge, a bar grievance against a judge,
[35:53.760 --> 35:56.760]  a bar grievance against a prosecutor.
[35:56.760 --> 36:01.760]  But we didn't file against a prosecutor for not filing against a judge.
[36:01.760 --> 36:09.760]  And that is an excellent tool because the prosecutor is afraid of the judge.
[36:09.760 --> 36:10.760]  You know, they're buddies.
[36:10.760 --> 36:12.760]  They try to work together.
[36:12.760 --> 36:17.760]  And now all of a sudden you're stinging the prosecutor for not stinging the judge.
[36:17.760 --> 36:20.760]  Oh, that is wonderful.
[36:20.760 --> 36:26.760]  And the way I'm spending this particular one, once I read through those code of conduct,
[36:26.760 --> 36:29.760]  the one for judicial conduct is simple.
[36:29.760 --> 36:31.760]  It's 12 pages.
[36:31.760 --> 36:35.760]  And the one for lawyers is 118 pages.
[36:35.760 --> 36:37.760]  Of course, it's for lawyers.
[36:37.760 --> 36:39.760]  So I read through both of them.
[36:39.760 --> 36:40.760]  Fine tooth comb.
[36:40.760 --> 36:47.760]  And I found every little thing I could pull out of there that is the way they normally act,
[36:47.760 --> 36:50.760]  contrasted with what they're supposed to do.
[36:50.760 --> 36:51.760]  Brett.
[36:51.760 --> 36:53.760]  It's a big long list.
[36:53.760 --> 36:58.760]  Could you take that list and turn it into a questionnaire?
[36:58.760 --> 37:00.760]  Did they do this?
[37:00.760 --> 37:01.760]  Yes.
[37:01.760 --> 37:02.760]  No.
[37:02.760 --> 37:03.760]  Did they do this?
[37:03.760 --> 37:04.760]  Yes.
[37:04.760 --> 37:05.760]  No.
[37:05.760 --> 37:11.760]  So that we could take someone who hasn't done the research you've done and say, okay,
[37:11.760 --> 37:21.760]  go to this questionnaire and walk right down it.
[37:21.760 --> 37:22.760]  Yeah.
[37:22.760 --> 37:24.760]  So that's the list.
[37:24.760 --> 37:29.760]  I'll make that available and put your name on it.
[37:29.760 --> 37:30.760]  Nobody needs any names.
[37:30.760 --> 37:34.760]  It's just to open up there for everybody.
[37:34.760 --> 37:42.760]  Well, it's best if ordinary people come in and say, okay, you had a problem with the
[37:42.760 --> 37:44.760]  judge and the prosecutor?
[37:44.760 --> 37:50.760]  Here, go to this questionnaire and I'll show you all the stuff I figured out about it.
[37:50.760 --> 37:55.760]  And then we have other people come in and say, well, I got something you missed and we open
[37:55.760 --> 37:57.760]  it up, stick that in.
[37:57.760 --> 38:05.760]  And before long, a judge or a prosecutor won't be able to move without, you know, if we get
[38:05.760 --> 38:11.760]  this set up right, if they say yes to one of your answers, then you say click right here
[38:11.760 --> 38:12.760]  and download this document.
[38:12.760 --> 38:14.760]  It's pretty straightforward.
[38:14.760 --> 38:17.760]  We got all the facts going to it because we've asked questions for it.
[38:17.760 --> 38:21.760]  And just click down on this document sign and send it.
[38:21.760 --> 38:28.760]  You had to go through all this misery to sort all this information out.
[38:28.760 --> 38:33.760]  Now let's make it available to everybody else.
[38:33.760 --> 38:37.760]  So not just you kicking their behinds every way from Sunday.
[38:37.760 --> 38:41.760]  We get everybody kicking their behinds every way from Sunday.
[38:41.760 --> 38:42.760]  Yeah.
[38:42.760 --> 38:45.760]  What's going to happen to these judges?
[38:45.760 --> 38:53.760]  When every move they make gets you to conduct criminal complaints or grievances from all
[38:53.760 --> 38:58.760]  kind of different people all over the place.
[38:58.760 --> 39:01.760]  How they can fix that, Brett?
[39:01.760 --> 39:05.760]  If you're a judge or a lawyer, how are you going to fix it?
[39:05.760 --> 39:07.760]  You're going to have to change your behavior.
[39:07.760 --> 39:08.760]  That's what?
[39:08.760 --> 39:09.760]  Yeah.
[39:09.760 --> 39:14.760]  Is there any legal way you can imagine that they could fix it without completely changing
[39:14.760 --> 39:17.760]  the whole legal system?
[39:17.760 --> 39:20.760]  Well, just have to stop violating our rights.
[39:20.760 --> 39:22.760]  That's what I'm looking at.
[39:22.760 --> 39:26.760]  I just sent a letter to my programmer.
[39:26.760 --> 39:31.760]  I have the traffic site almost ready to put up, but I'm kind of concerned about putting
[39:31.760 --> 39:35.760]  it up before I have interim financing.
[39:35.760 --> 39:37.760]  And here's why.
[39:37.760 --> 39:47.760]  I put together this questionnaire and I send someone who has been given a traffic citation
[39:47.760 --> 39:50.760]  to the questionnaire and they fill out the questionnaire.
[39:50.760 --> 39:55.760]  And one of the things I do is download them all this documentation.
[39:55.760 --> 40:02.760]  I have the basic site up now with just the standard motions and pleadings that any ticket
[40:02.760 --> 40:03.760]  gets.
[40:03.760 --> 40:11.760]  I'm about to implement the traffic questionnaire.
[40:11.760 --> 40:18.760]  It goes to due process on the part of the officer who made the stop.
[40:18.760 --> 40:24.760]  The officer who made the stop was the officer who made the traffic stop a member of the
[40:24.760 --> 40:27.760]  Highway Patrol, first question.
[40:27.760 --> 40:36.760]  And yes, then, did the officer state reasonable common cause to believe that you were the
[40:36.760 --> 40:43.760]  operator of a motor vehicle on a public thoroughfare, that you were acting in commerce?
[40:43.760 --> 40:46.760]  All those issues we have to walk right down.
[40:46.760 --> 40:48.760]  If you say, no, I wasn't Highway Patrol.
[40:48.760 --> 40:50.760]  I was the Sheriff's Deputy.
[40:50.760 --> 40:56.760]  Then we're going to charge the Sheriff's Deputy's first degree felony evidence assault.
[40:56.760 --> 41:01.760]  We're going to walk down to every minor tiny little issue we can.
[41:01.760 --> 41:09.760]  And then we're going to tell the client because most people don't have the sophistication
[41:09.760 --> 41:10.760]  to argue this.
[41:10.760 --> 41:14.760]  And Brett, I'm sure you can verify why.
[41:14.760 --> 41:20.760]  You have spent a lot of time doing a lot of research to develop the knowledge base you
[41:20.760 --> 41:22.760]  now demonstrate.
[41:22.760 --> 41:24.760]  Most people can't do that.
[41:24.760 --> 41:26.760]  They don't have the time.
[41:26.760 --> 41:29.760]  You didn't have the time, and it's cost you a lot.
[41:29.760 --> 41:33.760]  Just from talking to you, it's clear it's cost you a lot to get here.
[41:33.760 --> 41:35.760]  You got that right.
[41:35.760 --> 41:38.760]  Yeah, so we turn these into questionnaires.
[41:38.760 --> 41:44.760]  If I put out this questionnaire and the client fills it out and he sends in all these documents,
[41:44.760 --> 41:50.760]  one of the things that's clear is that someone who doesn't have this kind of experience is
[41:50.760 --> 41:53.760]  not prepared to go in and litigate these issues.
[41:53.760 --> 42:01.760]  So a lot of people might want to hire a lawyer to go in and do this form.
[42:01.760 --> 42:07.760]  So what I'll do is if you're interested in counseling, you click this button here,
[42:07.760 --> 42:16.760]  and we will send this evaluation to every lawyer that practices in the jurisdiction
[42:16.760 --> 42:19.760]  as a solicitation for representation.
[42:19.760 --> 42:24.760]  And that's how lawyers are intended to get their business by solicitation, not by going out
[42:24.760 --> 42:29.760]  and soliciting themselves, but by referrals from people coming to them.
[42:29.760 --> 42:37.760]  And then we will repeatedly be sending these clients to these lawyers.
[42:37.760 --> 42:42.760]  Very, very quickly, every lawyer in the jurisdiction will know exactly who we are,
[42:42.760 --> 42:45.760]  exactly what we're doing.
[42:45.760 --> 42:51.760]  Yeah, that reminds me, Randy, you're talking about how the lawyers are intended to get their business.
[42:51.760 --> 42:56.760]  That reminds me, I also filed right off the bat against this assistant city attorney.
[42:56.760 --> 42:59.760]  I filed baritry charges against her.
[42:59.760 --> 43:08.760]  And I gave the charges against her and her boss because she's the assistant.
[43:08.760 --> 43:16.760]  So I gave baritry charges against her and her boss, the city attorney, to the judge.
[43:16.760 --> 43:22.760]  And let me guess what the judge did with him.
[43:22.760 --> 43:25.760]  Yeah, I found out yesterday what he did with it.
[43:25.760 --> 43:29.760]  I was asking the court clerk and they wouldn't give me any information out of the case.
[43:29.760 --> 43:32.760]  Well, I said, can you read me the notes out of there?
[43:32.760 --> 43:37.760]  Sure enough, the notes that they started reading off there.
[43:37.760 --> 43:39.760]  Wait, wait, wait, hang on.
[43:39.760 --> 43:41.760]  Wait, hang on, vats go to break.
[43:41.760 --> 43:44.760]  Randy Kelton, the rule of law radio.
[43:44.760 --> 43:48.760]  I'll call it number 512-646-1984.
[43:48.760 --> 43:50.760]  We'll be right back.
[43:50.760 --> 43:57.760]  Hello, my name is Stuart Smith from naturespureorganics.com.
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[44:36.760 --> 44:42.760]  That's 512-264-4043 naturespureorganics.com.
[44:42.760 --> 44:49.760]  Don't forget to like us on Facebook for information on events and our products naturespureorganics.com.
[45:13.760 --> 45:18.760]  If you have a lawyer, know what your lawyer should be doing.
[45:18.760 --> 45:22.760]  If you don't have a lawyer, know what you should do for yourself.
[45:22.760 --> 45:27.760]  Thousands have won with our step by step course and now you can too.
[45:27.760 --> 45:33.760]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
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[45:42.760 --> 45:51.760]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics and much more.
[45:51.760 --> 46:03.760]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:21.760 --> 46:37.760]  Okay, we are back.
[46:37.760 --> 46:48.760]  Randy Kelton, Debbie Stevens of rule of law radio on this the 19th today of April 2018 and we're talking to Brad in Texas.
[46:48.760 --> 46:59.760]  Yes, so we were saying that the criminal complaints that went to the judge, apparently the court clerks erroneously filed those into my case.
[46:59.760 --> 47:07.760]  And so now those are public record because of their accident and while they were reading, that's probably why they didn't want to show me the file.
[47:07.760 --> 47:09.760]  But I asked them to read me the notes.
[47:09.760 --> 47:14.760]  I asked the court clerk, can you read me the notes on the case and comments anybody's been putting in there?
[47:14.760 --> 47:21.760]  Well, they have some comments from the judge and the prosecutor and they've gone back and forth to the police chief.
[47:21.760 --> 47:27.760]  But the judge had instructed the courts, don't ever file stuff like this.
[47:27.760 --> 47:33.760]  If it says anything about subject matter, don't put it in the file. Don't file it into the case.
[47:33.760 --> 47:36.760]  Wow.
[47:36.760 --> 47:41.760]  So that was his instruction to the court and I thought, oh, that's a very interesting comment.
[47:41.760 --> 47:44.760]  Can you print that out for me?
[47:44.760 --> 47:47.760]  No, they wouldn't do it.
[47:47.760 --> 47:48.760]  Do what?
[47:48.760 --> 47:53.760]  They wouldn't do it. They wouldn't print that out for me.
[47:53.760 --> 47:58.760]  Oh, did you take out your phone and take a photo of it?
[47:58.760 --> 48:04.760]  You know what? I tried to do that. I said, just show it to me. I'm going to take a picture with my cell phone.
[48:04.760 --> 48:08.760]  And she said, well, let me go up there and ask the judge about that.
[48:08.760 --> 48:13.760]  And she came back and said, no, the judge said you're not allowed to take any pictures of any stuff in here.
[48:13.760 --> 48:27.760]  Okay, Brad, you are at the point to where I feel comfortable in suggesting that you don 9-1-1.
[48:27.760 --> 48:34.760]  Well, you know what, really, I would feel comfortable doing that, too, if it weren't for those outstanding warrants, but I can't get them to get rid of.
[48:34.760 --> 48:39.760]  Okay, in that case, they would end up arresting me.
[48:39.760 --> 48:40.760]  That's true.
[48:40.760 --> 48:45.760]  I don't feel comfortable just for that reason. Otherwise, shoot, I would definitely do that.
[48:45.760 --> 48:50.760]  You certainly have the requisite background at this point to be able to do that.
[48:50.760 --> 48:58.760]  So what you want to do is get their names, get the clerk's name, get the call the bailiff over.
[48:58.760 --> 49:09.760]  Hey, come over here. I need you. What I did in Randall County is got the clerk to tell me again that she wouldn't show me the records.
[49:09.760 --> 49:12.760]  And I asked the bailiff, did you hear that?
[49:12.760 --> 49:14.760]  Yes, I did. Arrest that woman.
[49:14.760 --> 49:22.760]  And then get the bailiff to refuse because it is the bailiff's duty to keep peace in the court.
[49:22.760 --> 49:25.760]  It makes no difference who breaches it.
[49:25.760 --> 49:33.760]  But whatever you're comfortable with, certainly you can make up a complaint against the clerk herself.
[49:33.760 --> 49:41.760]  Because at the end of the day, it is the clerk who's required to make these documents available to you.
[49:41.760 --> 49:53.760]  And let the judge explain to her while she's having to feel criminal allegations against her that could get her a year in jail.
[49:53.760 --> 49:56.760]  Yeah, that works for her.
[49:56.760 --> 49:59.760]  Well, the judge told me to.
[49:59.760 --> 50:01.760]  The judge?
[50:01.760 --> 50:08.760]  Yeah, that didn't work out so good in Nuremberg. How do you think it's going to work out here?
[50:08.760 --> 50:11.760]  So you think it's better to file against the clerk instead of the judge?
[50:11.760 --> 50:17.760]  Always. Always the innocent functionary.
[50:17.760 --> 50:34.760]  Okay. Well, I found Texas Code of Criminal Procedure 25.04 says that the court clerk has a responsibility to give me the charging instrument as soon as possible.
[50:34.760 --> 50:47.760]  They told me it doesn't exist. It's not in the file, but the city attorney insists and signs to a letter saying that it is in the file.
[50:47.760 --> 50:50.760]  Well, then I think they're both in trouble.
[50:50.760 --> 50:53.760]  I think so.
[50:53.760 --> 50:58.760]  I need you to call me off the air.
[50:58.760 --> 50:59.760]  Okay.
[50:59.760 --> 51:04.760]  I'm going to make you a proposition.
[51:04.760 --> 51:12.760]  We're putting these tools together and, you know, I've been doing this show for 10 years, over 10 years.
[51:12.760 --> 51:24.760]  And it is extremely rare that I come across someone who actually gets in there and does the homework necessary.
[51:24.760 --> 51:25.760]  Well.
[51:25.760 --> 51:27.760]  Eddie Craig was one of the first ones.
[51:27.760 --> 51:33.760]  They kicked this soapbox up under your feet.
[51:33.760 --> 51:38.760]  So now they don't get to find that you stand squarely on it.
[51:38.760 --> 51:49.760]  But it's very seldom I get someone who develops this level of knowledge and expertise and I would like to make this valuable to you.
[51:49.760 --> 51:54.760]  Eddie Craig was one of the first and now he has his own show.
[51:54.760 --> 51:57.760]  And he deserves his own show.
[51:57.760 --> 52:09.760]  I am putting together this project and if I can find people with this kind of dedication and knowledge, it's a value.
[52:09.760 --> 52:13.760]  And I want to talk to you about making it a value.
[52:13.760 --> 52:18.760]  I don't think you realize how rare you are.
[52:18.760 --> 52:26.760]  Most people don't, they just got so much going on in their lives, they just can't get to the end.
[52:26.760 --> 52:28.760]  And they don't have the mindset to be able to do this.
[52:28.760 --> 52:32.760]  You're a programmer, so you're really detail oriented.
[52:32.760 --> 52:38.760]  I'm an engineer and all we do is connect dots and programmers essentially do the same thing.
[52:38.760 --> 52:40.760]  You start putting together a program.
[52:40.760 --> 52:48.760]  You've missed a parenthesis or a curly bracket, everything crashes.
[52:48.760 --> 52:56.760]  So you get real pedantic about the details and this is where we're going to wipe the floor with these guys.
[52:56.760 --> 53:00.760]  And I want to take advantage of this.
[53:00.760 --> 53:03.760]  I want you to be able to profit from what you're doing.
[53:03.760 --> 53:11.760]  We can make a set of tools available to the public that these officials are not going to believe.
[53:11.760 --> 53:16.760]  And the last time the lights came on behind me, I looked up in the rearview mirror and I thought,
[53:16.760 --> 53:25.760]  Bubba, I'm fixing to give you a romp through the legal system you are not going to believe.
[53:25.760 --> 53:33.760]  And for the time he got the ticket written, he knew because he already heard that I had called and asked the sheriff
[53:33.760 --> 53:39.760]  send somebody out to arrest him for first degree felony aggravated assault.
[53:39.760 --> 53:45.760]  And then I filed it with the county with the justice of the peace.
[53:45.760 --> 53:51.760]  Oh, that was so much fun. You won't believe it.
[53:51.760 --> 53:59.760]  Okay. Anything else, Brett? I'm kind of excited at your level of knowledge and your dedication.
[53:59.760 --> 54:05.760]  I'm not bashful about saying so.
[54:05.760 --> 54:17.760]  It's nice when the master needs to go to the student to get current information.
[54:17.760 --> 54:25.760]  Grasshopper, you just snatched the pebble out of my hand.
[54:25.760 --> 54:29.760]  Wow. Okay. Well, thank you. I appreciate everything that you've been doing.
[54:29.760 --> 54:33.760]  Every time I need to call in and have a question about something just like tonight,
[54:33.760 --> 54:37.760]  you're telling me about code of criminal procedure 124 and 127.
[54:37.760 --> 54:42.760]  And that's the backing that I need to go and be able to do this kind of stuff.
[54:42.760 --> 54:48.760]  It will come. People listen to me on the air and they think, holy crap, he's got this perfect memory.
[54:48.760 --> 54:51.760]  I have a horrible memory.
[54:51.760 --> 54:56.760]  I go through a door and by the time the door hits me, I don't know where I'm going.
[54:56.760 --> 55:00.760]  But when I do this, I do this radio show.
[55:00.760 --> 55:08.760]  Anybody who listens to me for a while will begin to notice that I'm not quoting the whole penal code of code of criminal procedure.
[55:08.760 --> 55:12.760]  I'm going to the same ones over and over and over and over.
[55:12.760 --> 55:16.760]  After a while, they stick in there.
[55:16.760 --> 55:21.760]  After you've read them a time or two and then somebody else comes to you and asks a question,
[55:21.760 --> 55:29.760]  and it triggers a reference to that, that sticks it in the brain.
[55:29.760 --> 55:33.760]  So it gets pretty easy. I've got this set that I work from.
[55:33.760 --> 55:38.760]  And then you come along and throw something at me that I hadn't heard before.
[55:38.760 --> 55:41.760]  25, what was it?
[55:41.760 --> 55:43.760]  2504.
[55:43.760 --> 55:47.760]  Yes, I couldn't remember it. I hadn't been over it enough times.
[55:47.760 --> 55:50.760]  Oh, I've got it written right down here. 2504.
[55:50.760 --> 55:55.760]  That's why I'm kind of excited because I've got this basic information.
[55:55.760 --> 55:58.760]  Now I need guys like you to help expand this.
[55:58.760 --> 56:07.760]  And we have this tool that we've developed where we can formalize this and memorialize it
[56:07.760 --> 56:12.760]  so that we can just walk down the facts and the facts will take us to these codes.
[56:12.760 --> 56:14.760]  And then we don't have to remember all of them.
[56:14.760 --> 56:17.760]  We just go down the facts and the tool will show them to us.
[56:17.760 --> 56:21.760]  And then we give it to the guy that don't know squat.
[56:21.760 --> 56:29.760]  And he will give the court a romp through the legal system they don't believe and he don't have a clue as to what's going on.
[56:29.760 --> 56:31.760]  And he don't need to.
[56:31.760 --> 56:33.760]  Yeah.
[56:33.760 --> 56:35.760]  But what he does need is some paralegals in the background.
[56:35.760 --> 56:38.760]  That's what I'm trying to develop now.
[56:38.760 --> 56:50.760]  2504 says, in misdemeanors, the clerk shall deliver a copy of the indictment or information to the accused or the accused counsel at the earliest possible time before trial.
[56:50.760 --> 56:55.760]  Wonderful.
[56:55.760 --> 56:56.760]  I didn't.
[56:56.760 --> 56:57.760]  I haven't seen them.
[56:57.760 --> 57:03.760]  I know I've read the codes time or two, but I didn't remember it because I didn't go back to it.
[57:03.760 --> 57:08.760]  And this kind of thing will help us to expand our knowledge base.
[57:08.760 --> 57:11.760]  There is not a lawyer out there.
[57:11.760 --> 57:22.760]  I can almost guarantee you, Brett, there's not a lawyer out there that knows the codes in this area as well as you do.
[57:22.760 --> 57:32.760]  And they are not going to want to deal with you and the fact that you have the tools to beat them up with for not knowing it.
[57:32.760 --> 57:37.760]  That's what they're most afraid of is missing something.
[57:37.760 --> 57:41.760]  And then they get some chump pro se.
[57:41.760 --> 57:45.760]  We had a guy out of Florida used to call in.
[57:45.760 --> 57:51.760]  He was taking on a mortgage issue.
[57:51.760 --> 57:55.760]  And this was a homeowners association case he was working on.
[57:55.760 --> 58:02.760]  And he got in that he had filed a whole stack of bar grievances against the lawyer and he got in an elevator with him once.
[58:02.760 --> 58:08.760]  And the lawyer said that asking if he was a lawyer and he said no.
[58:08.760 --> 58:15.760]  He said, I've been doing this for about 15 years now and I've dealt with the best. I've dealt with the worst.
[58:15.760 --> 58:23.760]  I have never had anyone take me to the books the way you have.
[58:23.760 --> 58:27.760]  That's what we want the lawyers to think.
[58:27.760 --> 58:33.760]  And Brett, you will definitely take them to the books.
[58:33.760 --> 58:45.760]  And if we can codify your base of knowledge, add it to the base of knowledge we already have, make it available to every guy who gets a ticket.
[58:45.760 --> 58:49.760]  The system will have no option.
[58:49.760 --> 58:57.760]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[58:57.760 --> 59:05.760]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the Scripture.
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[59:08.760 --> 59:17.760]  First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
[59:17.760 --> 59:27.760]  Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:27.760 --> 59:32.760]  Bibles for America would like to give you a free recovery version simply for the asking.
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[59:47.760 --> 59:51.760]  That's freestudybible.com.
[59:51.760 --> 59:59.760]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[59:59.760 --> 01:00:07.760]  The following news flash is brought to you by The Lone Star Lowdowns.
[01:00:07.760 --> 01:00:20.760]  Markets for Wednesday, 7 March 2018 are trading with Gold for $1,327.21 an ounce, Silver $16.49 an ounce, Texas Crude $62.60 a barrel,
[01:00:20.760 --> 01:00:35.760]  Bitcoins at $9,883.87, Ethereum $748.18, Bitcoin Cash $1,086.63, and finally Litecoins at $181.10 a crypto coin.
[01:00:35.760 --> 01:00:54.760]  Today in History, the year 1989, Iran and the United Kingdom break diplomatic relations after a fight over Simon Rushdie's controversial novel The Titanic vs. Today in History.
[01:00:54.760 --> 01:01:10.760]  In recent news, President Trump's top economic advisor Gary D. Cohn stated yesterday Tuesday that he was indeed resigning this after giving a heads up last week that he was considering doing so if President Trump decided to fall through with his tariffs on imported aluminum and steel.
[01:01:10.760 --> 01:01:23.760]  Of course, with President Trump's announcement last week that he would indeed levy tariffs on aluminum and steel imports, the reason for Mr. Cohn's departure seems obvious for many considering he was one of the lone vocal opponents of any such measures in the administration.
[01:01:23.760 --> 01:01:37.760]  According to a report by The Daily Mail, skeletal biology expert Richard Jantz out of the University of Tennessee believes he may have found the skeletal remains of Amelia Earhart on a Pacific Island.
[01:01:37.760 --> 01:01:43.760]  Amelia went missing in 1937 when her plane and navigator Fred Newman were never to be found.
[01:01:43.760 --> 01:01:53.760]  At least until now, Richard Jantz stated that what I can say scientifically is that they, the recent Pacific Island remains, are 99% likely to be hers.
[01:01:53.760 --> 01:02:12.760]  Interesting timing for this finding to be released considering that the 1932 Hudson-Essex Terraplane, which once belonged to Earhart, was reportedly stolen on Friday, February 23, 2018, only to be found three days later on the street corner in the Sereno neighborhood in L.A.
[01:02:12.760 --> 01:02:18.760]  The crypto market took a big blow today, Wednesday, with the top ten currencies suffering 5-10% losses.
[01:02:18.760 --> 01:02:25.760]  This downturn right after the Securities and Exchange Commission announced that it would be requiring digital asset exchanges to register with them.
[01:02:25.760 --> 01:02:43.760]  According to the SEC statement, quote, if a platform offers trading of digital assets that are securities and operates as an exchange as defined by the federal securities laws, then the platform must register with the SEC as a national securities exchange or be exempt from registration.
[01:02:43.760 --> 01:02:58.760]  This our Lowdown is looking for sponsors, give a price or a service you'd like to advertise with us, feel free to give me a call at 210-363-2257. This was Brick Rody with your Lowdown before March 7, 2018.
[01:03:13.760 --> 01:03:41.760]  Okay, we are back. Randy Kelton, Real Law Radio, and we're talking to Brett in Texas. Brett, if you can, call me after this show.
[01:03:41.760 --> 01:03:50.760]  Hello, I would very much like to talk to you off the air. Do you have any more questions for on the air? Or comments?
[01:03:50.760 --> 01:03:56.760]  No, I think you can go ahead and get some next callers. I can call you tomorrow if that's good.
[01:03:56.760 --> 01:03:58.760]  Tomorrow will work.
[01:03:58.760 --> 01:03:59.760]  Okay.
[01:03:59.760 --> 01:04:09.760]  Okay, thank you, Brett. Now we're going to Mark in Wisconsin. Mark, what have you been up to? I know you're causing trouble.
[01:04:09.760 --> 01:04:13.760]  Oh, if I could only cause more trouble.
[01:04:13.760 --> 01:04:32.760]  So interestingly, I went to a federal hearing today. They were going to have an evidentiary hearing. And at 930, the DOJ contacted them and said, hey, the almost two hour interview with the FBI agents, yeah, we're going to use that.
[01:04:32.760 --> 01:04:50.760]  So people who flew in from California to Milwaukee to have an evidentiary hearing were effectively torpedoed by the DOJ with the information that they've had for almost a year.
[01:04:50.760 --> 01:04:57.760]  Okay, hang on. That don't make any sense to me. Can you give me some background?
[01:04:57.760 --> 01:05:18.760]  Okay, the gentleman who made international news with stopping WannaCry, when the feds nabbed him, they did it out of a complaint in Milwaukee. So he had a hearing. And they had a almost two hour conversation with him and an FBI agent.
[01:05:18.760 --> 01:05:22.760]  Okay, hold on. WannaCry. What is that?
[01:05:22.760 --> 01:05:32.760]  It's a computer virus that went around and disabled hospitals and a few other things.
[01:05:32.760 --> 01:05:35.760]  So this has nothing to do with your case?
[01:05:35.760 --> 01:05:54.760]  No, no. I was just court watching. And they start off the thing by going, oh, golly gosh, golly gee, the audio system that does recording isn't working. So we're going to have to rely on the court reporter who's here.
[01:05:54.760 --> 01:06:09.760]  And then, of course, they dropped the bomb shell that they were deciding that, you know, at 9.30, they wanted to enter into evidence at the evidentiary hearing. It's two hour conversation that the defendants had never heard.
[01:06:09.760 --> 01:06:13.760]  Wait a minute. Okay, this is the other case and not your case.
[01:06:13.760 --> 01:06:16.760]  This is just me being a court watcher.
[01:06:16.760 --> 01:06:17.760]  Okay.
[01:06:17.760 --> 01:06:22.760]  Watching the DOJ. My tax dollars at work, as it were.
[01:06:22.760 --> 01:06:26.760]  Good. Good. I just want to make sure I'm in the right context.
[01:06:26.760 --> 01:06:37.760]  Yep. Yep. And so the judge, the judge allowed them to postpone it so that they could listen to it and respond.
[01:06:37.760 --> 01:06:49.760]  They get a whole month to listen to it and work their legal theories around this particular thing, whereas, of course, the DOJ could have released this stuff back nearly a year ago.
[01:06:49.760 --> 01:07:00.760]  But they waited till the last possible moment. Oh, and they were going, oh, this isn't, we don't mean this as surprise, Your Honor.
[01:07:00.760 --> 01:07:03.760]  Oh, then what did you mean it is?
[01:07:03.760 --> 01:07:10.760]  Exactly. Exactly. Exactly.
[01:07:10.760 --> 01:07:17.760]  That goes to the adage, you may beat the time, but you won't beat the ride.
[01:07:17.760 --> 01:07:20.760]  You may not do the time, but you will ride the ride.
[01:07:20.760 --> 01:07:44.760]  And if the other party was savvy to our methodology, he would be filing bar grievances and complaints against these DOJ guys, these U.S. attorneys, and give Trump a reason to throw them out and appoint his own political appointees.
[01:07:44.760 --> 01:08:00.760]  Well, interestingly, he has a whole bunch of people that follow him in the computer information security world, and that tends to attract the kind of people who would do that type of stuff.
[01:08:00.760 --> 01:08:10.760]  So once I can actually lay my hands on a transcript, we'll see what can be done on that kind of thing.
[01:08:10.760 --> 01:08:15.760]  Also, another question which has nothing really to do with my cases.
[01:08:15.760 --> 01:08:23.760]  So Facebook is now handing out zip files of data for users.
[01:08:23.760 --> 01:08:30.760]  Has anybody tried getting from Facebook yet the zip files that represent election efforts?
[01:08:30.760 --> 01:08:40.760]  Like, for example, there are these two judges running against or two people wanting to be a judge running against each other, and both of them were coordinating and putting data based on Facebook.
[01:08:40.760 --> 01:08:47.760]  And it would strike me as that certainly would be the kind of data that should be available.
[01:08:47.760 --> 01:09:00.760]  But I'm just curious if you know of anybody who's actually asked Facebook this kind of information with their new file and the transparency where they will zip and give.
[01:09:00.760 --> 01:09:07.760]  I'm not sure what you mean by database data they're putting on Facebook.
[01:09:07.760 --> 01:09:14.760]  I don't do a lot of Facebook, but when I do Facebook, I go on and I type something and somebody else responds and I respond to them.
[01:09:14.760 --> 01:09:20.760]  Is there another form of data that you can drop into Facebook?
[01:09:20.760 --> 01:09:27.760]  Oh, they'll take and give you apparently a zip file of all that transactions that you've done.
[01:09:27.760 --> 01:09:32.760]  So all the things that you have done in the past with your account.
[01:09:32.760 --> 01:09:44.760]  Except, of course, with these public official, I'm running for office accounts. They're not my account, so I can't log in and just get the data that way. I would have to go through a separate process.
[01:09:44.760 --> 01:09:50.760]  But I was just curious if you knew of anybody who was doing that for people running for office.
[01:09:50.760 --> 01:09:54.760]  No, I haven't, but that is an interesting question.
[01:09:54.760 --> 01:10:09.760]  I am construed as a not a celebrity, but I'm known.
[01:10:09.760 --> 01:10:14.760]  I don't have the same rights to privacy that you do.
[01:10:14.760 --> 01:10:25.760]  So these judges are in that same, I hate to say I'm a celebrity, I'm not really a celebrity, but I am a public personality.
[01:10:25.760 --> 01:10:39.760]  So being a public personality, I don't have the kinds of protections that a private person who has not put themselves out into the public view would have.
[01:10:39.760 --> 01:10:45.760]  Judges are also public personalities.
[01:10:45.760 --> 01:10:53.760]  So they would not have the same protections, but as to the degree of protection they would have, I don't know.
[01:10:53.760 --> 01:11:03.760]  I don't know if someone could request all of the transactions that I have put into Facebook.
[01:11:03.760 --> 01:11:11.760]  Personally, I wouldn't care because I always assume I'm being recorded.
[01:11:11.760 --> 01:11:20.760]  No matter what the nature of the conversation is, personal, private, public makes no difference.
[01:11:20.760 --> 01:11:24.760]  I always assume I'm being recorded.
[01:11:24.760 --> 01:11:35.760]  And I craft my language carefully from the perspective of what would a grand jury think of what I'm about to say.
[01:11:35.760 --> 01:11:43.760]  I suspect most people aren't quite that anal retentive.
[01:11:43.760 --> 01:11:52.760]  And sometimes people spout off things when later on they wish they'd have kept their mouth shut.
[01:11:52.760 --> 01:11:58.760]  And it has been my experience that public officials are the worst at this.
[01:11:58.760 --> 01:12:05.760]  I've heard public officials saying things and I'm thinking, are you out of your mind?
[01:12:05.760 --> 01:12:08.760]  What is wrong with you?
[01:12:08.760 --> 01:12:25.760]  So I'm not sure what expectation to privacy I have on a public media like Facebook.
[01:12:25.760 --> 01:12:35.760]  Well, again, you have the whatever public can get from their contract with Facebook that you've left open.
[01:12:35.760 --> 01:12:44.760]  But this particular thing I'm wanting to say, it's one thing for me to say, well, I'd like a copy of my data.
[01:12:44.760 --> 01:12:49.760]  It's another thing to say, I want a copy of Randy's data.
[01:12:49.760 --> 01:12:54.760]  What does the contract with Facebook say?
[01:12:54.760 --> 01:12:59.760]  Oh, it's a whole lot of you give away a bunch of your rights.
[01:12:59.760 --> 01:13:07.760]  And that's what I would think I'm Facebook and I got people putting stuff on my software.
[01:13:07.760 --> 01:13:11.760]  What duty do I have to protect them?
[01:13:11.760 --> 01:13:20.760]  And how can I craft my contract so that I am not liable if some of that information gets out?
[01:13:20.760 --> 01:13:30.760]  If I was Facebook, I would be extremely careful of carving out a set of contractual agreements that would indemnify me.
[01:13:30.760 --> 01:13:35.760]  Short statement is everything's fair game.
[01:13:35.760 --> 01:13:38.760]  Don't blame me if it gets out.
[01:13:38.760 --> 01:13:41.760]  Does that sound reasonable, Mark?
[01:13:41.760 --> 01:13:50.760]  Yep, but in the particular case, you know, it's one thing to ask for my data. It's one thing to ask for your data.
[01:13:50.760 --> 01:13:57.760]  But I would like to think it's an entirely different thing to ask for the data of a public campaign.
[01:13:57.760 --> 01:14:10.760]  What duty would I ask Facebook have to protect you from the statements you make in a public media?
[01:14:10.760 --> 01:14:14.760]  Especially as a person running for office?
[01:14:14.760 --> 01:14:17.760]  Yeah, as a public personality.
[01:14:17.760 --> 01:14:26.760]  Now, if I'm talking to my grandma or to my sister or my brother, that's not exactly a public communication.
[01:14:26.760 --> 01:14:31.760]  But I am doing it on a public venue.
[01:14:31.760 --> 01:14:36.760]  Do I have a right to the expectation of privacy?
[01:14:36.760 --> 01:14:48.760]  If I'm sitting in a restaurant and I'm talking to the person across the table to me in a loud enough voice that you can record it from the next table,
[01:14:48.760 --> 01:14:55.760]  I cannot claim a right to the expectation of privacy.
[01:14:55.760 --> 01:15:06.760]  If I'm in public and I want my speech to be private, I need to speak in a way that is not public to the people around me.
[01:15:06.760 --> 01:15:20.760]  So if I'm transmitting information onto Facebook, which is a public site, are there any private accounts in Facebook?
[01:15:20.760 --> 01:15:30.760]  Can I post something on Facebook that is focused toward a single individual and no one else can see it?
[01:15:30.760 --> 01:15:43.760]  Yes, in theory, in practice, they change their privacy settings and they could become unprivate with their privacy setting changes.
[01:15:43.760 --> 01:15:55.760]  But again, my particular interest here is these were accounts that were for these people, these lawyers running for a judgeship.
[01:15:55.760 --> 01:16:04.760]  So those are clearly accounts that were intended to be public.
[01:16:04.760 --> 01:16:11.760]  So how could they claim an expectation of privacy?
[01:16:11.760 --> 01:16:22.760]  Like I said, I'm wondering if anybody else had done this yet and I always like a new fight for the ha ha's.
[01:16:22.760 --> 01:16:28.760]  So I guess that'll be one of my new fights I can list.
[01:16:28.760 --> 01:16:38.760]  But one of the reasons I was calling was to get your sense of the break music that I hear.
[01:16:38.760 --> 01:16:41.760]  Yeah, I was going to ask you about that break music.
[01:16:41.760 --> 01:16:43.760]  I can hear it too.
[01:16:43.760 --> 01:16:46.760]  It's odd that it's unusual that I can hear it.
[01:16:46.760 --> 01:16:48.760]  Hang on, we'll be right back.
[01:16:48.760 --> 01:16:50.760]  Randy Kelton, rule of our radio.
[01:16:50.760 --> 01:16:53.760]  I call in number 512-646-1984.
[01:16:53.760 --> 01:16:55.760]  Stefan, I see you there.
[01:16:55.760 --> 01:16:57.760]  John, we'll try to get to both of you.
[01:16:57.760 --> 01:16:59.760]  We'll be right back.
[01:16:59.760 --> 01:17:00.760]  I love logos.
[01:17:00.760 --> 01:17:04.760]  Without the shows on this network, I'd be almost as ignorant as my friends.
[01:17:04.760 --> 01:17:07.760]  I'm so addicted to the truth now that there's no going back.
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[01:17:59.760 --> 01:18:04.760]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:19:26.760 --> 01:19:28.760]  Well.
[01:19:30.760 --> 01:19:35.760]  You ain't gonna fool me with that same old trick again.
[01:19:35.760 --> 01:19:40.760]  I was blindsided but now I can see your eyes.
[01:19:40.760 --> 01:19:45.760]  You put the fear in my pockets, took the money from my hands.
[01:19:45.760 --> 01:19:51.760]  Ain't gonna fool me with that same old trick again.
[01:19:51.760 --> 01:19:56.760]  Ain't gonna fool me with that same old trick again.
[01:20:06.760 --> 01:20:07.760]  Okay.
[01:20:07.760 --> 01:20:08.760]  We are back.
[01:20:08.760 --> 01:20:09.760]  Randy Kelton, rule of law radio.
[01:20:09.760 --> 01:20:13.760]  We're talking to Mark in Wisconsin and Deb brought up an issue on the break.
[01:20:13.760 --> 01:20:17.760]  She has a little voice issue today so she doesn't want to go on the air.
[01:20:17.760 --> 01:20:28.760]  But there's apparently a private section on Facebook where you can post privately and not publicly.
[01:20:28.760 --> 01:20:42.760]  Mark, what you're looking, what you're referencing earlier was that zip files of information that went to publicly posted information
[01:20:42.760 --> 01:20:51.760]  or did it include these private places where you can post with an expectation of privacy?
[01:20:51.760 --> 01:20:52.760]  Yes.
[01:20:52.760 --> 01:21:02.760]  The zip files are of what happened on the account and there are people finding out the stuff they thought deleted
[01:21:02.760 --> 01:21:06.760]  and Facebook still has, et cetera, et cetera.
[01:21:06.760 --> 01:21:11.760]  I'm just, you know, looking to make trouble and go.
[01:21:11.760 --> 01:21:18.760]  This is all going to go to a contractual issue.
[01:21:18.760 --> 01:21:25.760]  What has Facebook rendered itself liable for?
[01:21:25.760 --> 01:21:37.760]  And my expectation is that they will have crafted their contracts so as to render them liable for nothing.
[01:21:37.760 --> 01:21:39.760]  Yeah.
[01:21:39.760 --> 01:21:49.760]  If I were Zuckerberg, I would absolutely want my contract to render me liable for nothing.
[01:21:49.760 --> 01:21:51.760]  Okay.
[01:21:51.760 --> 01:21:53.760]  Next question.
[01:21:53.760 --> 01:21:59.760]  Now, down in Texas, you have your private attorney general action.
[01:21:59.760 --> 01:22:01.760]  Wisconsin doesn't let us know nothing.
[01:22:01.760 --> 01:22:07.760]  Beach Bum Pro, say, litigants run a class action.
[01:22:07.760 --> 01:22:15.760]  But you've made it sound like I could get away with a class action in the Fed.
[01:22:15.760 --> 01:22:19.760]  It's not exactly a class action.
[01:22:19.760 --> 01:22:26.760]  It's called a private attorney general suit, but it's not some kind of special suit.
[01:22:26.760 --> 01:22:36.760]  The courts have allowed an individual in a situation where the harm is not sufficient
[01:22:36.760 --> 01:22:44.760]  enough to warrant a major litigation like a traffic ticket.
[01:22:44.760 --> 01:22:46.760]  It's only $300, $400.
[01:22:46.760 --> 01:22:54.760]  That doesn't warrant a $10,000 civil action to try to remedy the wrong.
[01:22:54.760 --> 01:23:04.760]  So they have said we will allow an individual in a manner that normally is not a sufficient dollar amount
[01:23:04.760 --> 01:23:10.760]  to warrant a large investment, we will allow an individual to sue in his own capacity
[01:23:10.760 --> 01:23:13.760]  and in the capacity of others similarly situated.
[01:23:13.760 --> 01:23:16.760]  It is not a class action.
[01:23:16.760 --> 01:23:18.760]  Okay.
[01:23:18.760 --> 01:23:24.760]  This is something the courts have simply allowed and they call it a private attorney general suit.
[01:23:24.760 --> 01:23:27.760]  It's not that it has anything to do with a private attorney general.
[01:23:27.760 --> 01:23:33.760]  It's just to name the courts placed on this kind of litigation.
[01:23:33.760 --> 01:23:36.760]  Okay.
[01:23:36.760 --> 01:23:41.760]  All right.
[01:23:41.760 --> 01:23:44.760]  Let's put that in my notes here.
[01:23:44.760 --> 01:23:47.760]  So I would say you could do that.
[01:23:47.760 --> 01:23:48.760]  Yes.
[01:23:48.760 --> 01:23:56.760]  And whether or not it is ultimately allowed, it's going to put the other side on the legal time.
[01:23:56.760 --> 01:24:00.760]  Well, that's what I'm looking for.
[01:24:00.760 --> 01:24:08.760]  The Seventh Circuit here, I do have some things with the, some grand language from the Seventh Circuit
[01:24:08.760 --> 01:24:18.760]  about Fair Debt Collection Practices Act that I thought you and perhaps your listeners would find interesting.
[01:24:18.760 --> 01:24:33.760]  That sounds pretty straightforward.
[01:24:33.760 --> 01:24:38.760]  That sounds pretty straightforward.
[01:24:38.760 --> 01:24:45.760]  And if they do make false claims, what is the remedy?
[01:24:45.760 --> 01:24:51.760]  Then you are a foul of 692.
[01:24:51.760 --> 01:24:58.760]  So 1692, did you say 1692G?
[01:24:58.760 --> 01:25:06.760]  They are discussing 1692E and 1692KC.
[01:25:06.760 --> 01:25:07.760]  Okay.
[01:25:07.760 --> 01:25:10.760]  I'll send you the, I'll send you the particulars.
[01:25:10.760 --> 01:25:19.760]  For all you listeners, you may be wondering how was Randy able to come up with 1692G right off top of his head?
[01:25:19.760 --> 01:25:26.760]  And that's because the Fair Debt Collections Practices Act is primarily 1692.
[01:25:26.760 --> 01:25:29.760]  It's not that big.
[01:25:29.760 --> 01:25:37.760]  So 1692, in one of these, the few letters that fall behind it, if you're under a collection procedure,
[01:25:37.760 --> 01:25:43.760]  you should read 1692, the statute.
[01:25:43.760 --> 01:25:45.760]  It's not that big.
[01:25:45.760 --> 01:25:49.760]  So it's not that hard to keep track of these little pieces.
[01:25:49.760 --> 01:25:50.760]  Okay.
[01:25:50.760 --> 01:25:53.760]  Just a little side note there.
[01:25:53.760 --> 01:26:07.760]  Now, what's interesting is the Seventh Circuit views, they're talking about the collection notice letter, but the language around this is amusing or is useful or something.
[01:26:07.760 --> 01:26:13.760]  The Seventh Circuit views the letter as through the eyes of the unsophisticated consumer.
[01:26:13.760 --> 01:26:15.760]  Yes, yes.
[01:26:15.760 --> 01:26:25.760]  Okay. Everything in the consumer protection laws goes to the least sophisticated consumer.
[01:26:25.760 --> 01:26:39.760]  Not the highly educated professional Jack Booty thug, Seister lawyer, but the least sophisticated consumer.
[01:26:39.760 --> 01:26:41.760]  Oh, they've got more here.
[01:26:41.760 --> 01:26:53.760]  The Seventh Circuit describes this hypothetical consumer as, quote, uninformed, naive, or trusting, unquote, and, quote, close to the bottom of the sophistication meter.
[01:26:53.760 --> 01:27:03.760]  Then they go further, the unsophisticated consumers to be protected against confusion, whatever form it takes.
[01:27:03.760 --> 01:27:19.760]  And they then go ahead, and this was the part I love here, the standard is set low because the courts are poor proxies for the unsophisticated consumer on the issue of whether a legal notice is confusing.
[01:27:19.760 --> 01:27:32.760]  Okay. I've looked at these and no matter how sophisticated you are, when you argue these issues, you must exercise mental
[01:27:32.760 --> 01:27:44.760]  discipline and do not consider these issues from the level of your knowledge and sophistication.
[01:27:44.760 --> 01:27:50.760]  Consider these issues from the level of an eighth grader.
[01:27:50.760 --> 01:27:57.760]  An eighth grader will give you your least sophisticated consumer benchmark.
[01:27:57.760 --> 01:28:15.760]  They're knowledgeable, they can read the language, they have a basic understanding of the world they live in, but they haven't got to high school yet, so they haven't got into the more sophisticated nuances of basic knowledge.
[01:28:15.760 --> 01:28:20.760]  Always think, what would my eighth grader make of this?
[01:28:20.760 --> 01:28:29.760]  If he couldn't make sense of it, then he doesn't meet the least sophisticated consumer benchmark.
[01:28:29.760 --> 01:28:32.760]  Okay. I'll shut up now. Go ahead.
[01:28:32.760 --> 01:28:40.760]  Yes. Well, I thought the sixth grade was the lowest reading level that the statutes were for.
[01:28:40.760 --> 01:28:59.760]  What I'm thinking here is using this particular level as when I file Fair Debt Collection Practices Act things and tie it back to the bar grievance, SCR 20 rules.
[01:28:59.760 --> 01:29:03.760]  So if I can read the rules straight up and the straight up rule says...
[01:29:03.760 --> 01:29:04.760]  Wait a minute.
[01:29:04.760 --> 01:29:07.760]  FDR 20 rules.
[01:29:07.760 --> 01:29:09.760]  SCR, Supreme Court rules.
[01:29:09.760 --> 01:29:10.760]  Okay.
[01:29:10.760 --> 01:29:14.760]  SCR 20 is how lawyers should conduct themselves.
[01:29:14.760 --> 01:29:16.760]  Okay. Supreme Court rules of Wisconsin.
[01:29:16.760 --> 01:29:18.760]  Okay. Got it.
[01:29:18.760 --> 01:29:20.760]  Yeah. Supreme Court rules 20.
[01:29:20.760 --> 01:29:40.760]  So because there's this Jim... Let's see. I think it's in this one here. Oh, I don't know what's over here. There is the Seeger versus... It was Seeger versus the break music.
[01:29:40.760 --> 01:29:46.760]  Okay. Yes. Seeger versus the break music. Okay. Hang on. We will get to the break music on the other side.
[01:29:46.760 --> 01:29:55.760]  This is Randy Kelton with our radio. We have Stefan and John. John, I don't think I'm going to get to you tonight. Can you call in tomorrow night?
[01:29:55.760 --> 01:30:18.760]  Uh, we'll be right back.
[01:30:26.760 --> 01:30:34.760]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy. It's worth hanging on to.
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[01:31:23.760 --> 01:31:29.760]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:29.760 --> 01:31:35.760]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.760 --> 01:31:42.760]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
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[01:32:00.760 --> 01:32:05.760]  Hey, it's Danny here for Hill Country Home Improvements. Did your home receive hail or wind damage from the recent storms?
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[01:32:31.760 --> 01:32:37.760]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
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[01:32:44.760 --> 01:32:49.760]  So if those out-of-town roofers come knocking, your door should be locked in.
[01:32:49.760 --> 01:32:55.760]  That's 512-992-8745 or hillcountryhomeimprovements.com.
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[01:33:00.760 --> 01:33:29.760]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:30.760 --> 01:33:40.760]  You are listening to the Logos Radio Network.
[01:34:00.760 --> 01:34:15.760]  Okay, we are back. Randy Counten with Logos Radio. We're talking to Mark in Wisconsin.
[01:34:15.760 --> 01:34:20.760]  Mark, let's finish up. I need to move along. I do enjoy you as a guest.
[01:34:20.760 --> 01:34:28.760]  You always make a good guest because you know how to make your information relevant and entertaining.
[01:34:28.760 --> 01:34:37.760]  Well, the last thing is the Fair Debt Collection Practices Act apparently has had a few decisions where, and I don't see them in front of me,
[01:34:37.760 --> 01:34:47.760]  where if you've done something that is, quote, illegal or in violation of some other standard, that becomes a Fair Debt Collection Practices Act standard.
[01:34:47.760 --> 01:34:51.760]  And so I was thinking of trying to tie the...
[01:34:51.760 --> 01:34:57.760]  Oh, wait, wait. That's pretty profound.
[01:34:57.760 --> 01:35:11.760]  Yeah, because every one of those violations of the state bar rules could toll an FDCPA violation.
[01:35:11.760 --> 01:35:18.760]  Oh, with you called back tomorrow night, I would like to explore that in more detail.
[01:35:18.760 --> 01:35:23.760]  I will find the reference to it.
[01:35:23.760 --> 01:35:28.760]  That sounds right like it is downright profound.
[01:35:28.760 --> 01:35:33.760]  Yes. That harmonica sounds like it's playing me off to the next caller then.
[01:35:33.760 --> 01:35:38.760]  Yeah, I just turned it off. It's my phone, my bed. Somebody sent me a text.
[01:35:38.760 --> 01:35:40.760]  All right.
[01:35:40.760 --> 01:35:45.760]  And sometimes I get text while I'm working, but I turn my phone off when I'm doing the show,
[01:35:45.760 --> 01:35:51.760]  and then for three or four days, no one can call me because I got the sound turned off.
[01:35:51.760 --> 01:35:56.760]  You hear my voice. I do not have an electronic voice.
[01:35:56.760 --> 01:36:02.760]  So I've got a mixer here and I've got it maxed.
[01:36:02.760 --> 01:36:08.760]  If a net flies through the room, you can hear it because my voice is not electronic.
[01:36:08.760 --> 01:36:13.760]  So I have to really be careful about my background noise.
[01:36:13.760 --> 01:36:21.760]  And Deborah has the best ears of anyone on planet Earth.
[01:36:21.760 --> 01:36:31.760]  She can hear so well. She can even hear what I was thinking before I thought it
[01:36:31.760 --> 01:36:33.760]  and holds me responsible for it.
[01:36:33.760 --> 01:36:35.760]  What about your beer fund?
[01:36:35.760 --> 01:36:38.760]  Oh, she doesn't even want to hear about the beer fund.
[01:36:38.760 --> 01:36:44.760]  Now, all the beer fund goes to the radio. I don't take anything from the radio.
[01:36:44.760 --> 01:36:49.760]  But I'm just picking on Deborah because I know she's in the background listening.
[01:36:49.760 --> 01:36:52.760]  And she does. She has incredible ears.
[01:36:52.760 --> 01:36:58.760]  And sometimes it frustrates me because I'm an old combat veteran and we lose,
[01:36:58.760 --> 01:37:03.760]  when you've been around large explosions, you lose the high tones.
[01:37:03.760 --> 01:37:12.760]  My hearing is nowhere near what it was and Deborah hears stuff that I am completely oblivious of.
[01:37:12.760 --> 01:37:19.760]  So any sound in the background because I've got my mixer so hot, you can hear it.
[01:37:19.760 --> 01:37:22.760]  Okay, enough of that. Okay, where will we mark?
[01:37:22.760 --> 01:37:31.760]  All right. Basically, the harmonica was going ahead and playing me out to get your next caller.
[01:37:31.760 --> 01:37:36.760]  Okay, thank you, Mark. Okay, make sure you call back tomorrow night.
[01:37:36.760 --> 01:37:39.760]  I want to address that. That is profound.
[01:37:39.760 --> 01:37:47.760]  If we can bring in all other violations under Frederick's Practices Act, we can wind these guys' clocks.
[01:37:47.760 --> 01:37:55.760]  Okay, thank you, Mark. Now we're going to Stefan in Idaho.
[01:37:55.760 --> 01:37:57.760]  How are you doing, Randy?
[01:37:57.760 --> 01:38:02.760]  I am doing good. I don't care what everybody says.
[01:38:02.760 --> 01:38:08.760]  Okay. I would like to clear up some confusion I had from the previous conversation.
[01:38:08.760 --> 01:38:10.760]  You made a statement that the debt...
[01:38:10.760 --> 01:38:16.760]  Okay, hold on. Bring us up to speed quickly on the previous conversation.
[01:38:16.760 --> 01:38:38.760]  Okay, I had contacted the tax assessor for a debt validation and you made the comment that it wasn't applicable and that's what I was wanting to clear up.
[01:38:38.760 --> 01:38:47.760]  Yes, government agencies do not fall under Fair Debt Collections Practices Act. They don't have to be fair. They can cheat.
[01:38:47.760 --> 01:38:55.760]  Well, okay, but when I say debt validation, I might be using the wrong terminology.
[01:38:55.760 --> 01:39:09.760]  My thinking is if someone claims you owe them money, you have not only the right to have the evidence of that debt, but they have an obligation to provide you with that evidence.
[01:39:09.760 --> 01:39:13.760]  Okay, perfect question.
[01:39:13.760 --> 01:39:24.760]  And I'm glad you brought it up that way because the term debt validation in law is a term of art.
[01:39:24.760 --> 01:39:38.760]  It has a special meaning in law and debt validation in law means it only refers to Fair Debt Collections Practices Act.
[01:39:38.760 --> 01:39:44.760]  So I was hearing debt validation in that context.
[01:39:44.760 --> 01:39:53.760]  You're asking the claimant to validate his claim under contract law.
[01:39:53.760 --> 01:40:06.760]  And even the tax assessor collector cannot make a claim without being able to justify the claim.
[01:40:06.760 --> 01:40:11.760]  So thank you for asking the question in the right way.
[01:40:11.760 --> 01:40:33.760]  Right. I think that was the confusion that you've had, and I think it was a confusion that they had, I guess, maybe, because the guy, the prosecutor attorney, asked me, and I clearly stated, if somebody owes you money, then they...
[01:40:33.760 --> 01:40:46.760]  Okay, hold on, hold on. Let me make a suggestion of a different set of terms, and the terms go to nature and cause.
[01:40:46.760 --> 01:40:51.760]  Request the nature and cause of the claim.
[01:40:51.760 --> 01:40:53.760]  And that goes to the Constitution.
[01:40:53.760 --> 01:40:55.760]  Oh, yeah, that's good.
[01:40:55.760 --> 01:41:06.760]  You have a government agency making a claim against you, and you have a constitutional right to demand the nature and cause of the claim.
[01:41:06.760 --> 01:41:21.760]  That nature and cause is another term of art, but it's more inclusive, and they can't do a little shyster song and dance and seltzer down your pants and get around that one.
[01:41:21.760 --> 01:41:36.760]  See, my thinking is, if someone accuses you of a crime, and they are unable to provide evidence of that crime, it is a criminal act to do that.
[01:41:36.760 --> 01:41:37.760]  Correct?
[01:41:37.760 --> 01:41:41.760]  Wait. Missed that last word? Criminal act what?
[01:41:41.760 --> 01:41:47.760]  Well, it's a crime for me to accuse you of murder if I have no evidence that you murdered somebody.
[01:41:47.760 --> 01:41:50.760]  No, it's not.
[01:41:50.760 --> 01:41:52.760]  Let me explain.
[01:41:52.760 --> 01:42:02.760]  If you have a next door neighbor who's a really no good bottom low down, this is mean SOB, and you're terrified of this guy.
[01:42:02.760 --> 01:42:12.760]  And you see this guy kill somebody in his backyard, but you're terrified that if you tell anybody, he'll come and kill you.
[01:42:12.760 --> 01:42:20.760]  So you come to me and say, man, this guy killed somebody in his backyard, but if I say anything, he'll come and kill me.
[01:42:20.760 --> 01:42:30.760]  If I believe you, then I have not only the right, but I have the duty to give notice.
[01:42:30.760 --> 01:42:44.760]  So I can give notice of a crime without having actual first-hand knowledge. I can give notice of a crime based on hearsay.
[01:42:44.760 --> 01:42:47.760]  And of course, you use this all the time against us.
[01:42:47.760 --> 01:42:58.760]  A police officer writes a traffic citation, he sends a traffic citation to the court, and the clerk takes the traffic citation and based on the citation,
[01:42:58.760 --> 01:43:03.760]  he writes out a criminal complaint. She has no personal knowledge.
[01:43:03.760 --> 01:43:15.760]  But she read the citation and she believes what the officer said so she can write the citation based on her personal beliefs that what the officer told her is true. Does that make sense?
[01:43:15.760 --> 01:43:19.760]  True, but the end result says there has to be evidence.
[01:43:19.760 --> 01:43:24.760]  Yes, okay. The claim can be made.
[01:43:24.760 --> 01:43:35.760]  But that's all. Once the claim is made, then you can ask for nature and cause. There can be no prosecution.
[01:43:35.760 --> 01:43:44.760]  Okay, let me pick this up on the other side, and I know this is kind of pedantic, but I think it's important we understand these distinctions.
[01:43:44.760 --> 01:43:59.760]  Randy Kelton, Deborah Stevens, RealVarRadio, we'll be right back.
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[01:46:22.760 --> 01:46:51.760]  Okay, we are back. Randy Counten, rule of law radio, and we're talking to Stephen in Idaho, and I'm being a little bit detailed, pedantic as a way I like to say it.
[01:46:51.760 --> 01:47:02.760]  But it's important that we understand this part. I can file a criminal complaint based on hearsay knowledge.
[01:47:02.760 --> 01:47:16.760]  If you tell me something that amounts to an allegation of a crime against someone else, and I believe you, not only do I have the right, but I have a duty to report the crime.
[01:47:16.760 --> 01:47:36.760]  When I report the crime, the crime is reported to a magistrate. Every judge in the country is also a magistrate, and a magistrate can sit for the purpose of hearing a criminal accusation.
[01:47:36.760 --> 01:47:49.760]  A criminal accusation based on hearsay is sufficient to invoke the subject matter jurisdiction of a magistrate, but not the trial court.
[01:47:49.760 --> 01:48:07.760]  The magistrate must then examine into the sufficiency of the allegation and determine if there's sufficient evidence to give a reasonable person of ordinary prudence, reason to believe that a crime has been committed, and the accused has committed that crime,
[01:48:07.760 --> 01:48:24.760]  and then the magistrate will issue an order finding probable cause, then forward that order to the trial court. That doesn't make any difference if the magistrate is also the trial judge.
[01:48:24.760 --> 01:48:39.760]  When he sits for the purpose of hearing a criminal complaint based on hearsay, he is a magistrate. Once he finds probable cause, then the probable cause determination is forwarded to the trial court.
[01:48:39.760 --> 01:49:02.760]  Now, the trial court must have first, or what is it called, best evidence. The trial court cannot prosecute based on hearsay knowledge. They must investigate and then prosecute based on best evidence. Does that make sense?
[01:49:02.760 --> 01:49:29.760]  Yes. I have another question. Well, I've updated to which are the open records law. Idaho calls it Idaho Public Records Law, and I read it and the penalty for a public official to refuse to provide public records
[01:49:29.760 --> 01:49:43.760]  is a civil penalty of $1,000, and it goes to a general account, so a person doesn't benefit from them not holding it.
[01:49:43.760 --> 01:50:04.760]  Okay, that's the same in Texas, essentially, and every other state I've looked at. You don't have a cause of action in that case directly, but if a public official violates a law relating to his office,
[01:50:04.760 --> 01:50:20.760]  and in the process denies you in the full and free access to your enjoyment of the right, you don't care what the public information law says. Every state has a statute that reflects 18 U.S. Code 242.
[01:50:20.760 --> 01:50:43.760]  The Google Exclam Act, that's kind of a catch-all, and what it says essentially is that if a public official acting under the color or pretense of an official capacity exerts or purports to exert an authority they do not expressly have,
[01:50:43.760 --> 01:50:57.760]  and in the process denies a citizen in the full and free, I'm sorry, exerts or purports to exert an authority they do not expressly have, or fails to perform a duty they are required to perform,
[01:50:57.760 --> 01:51:05.760]  and in the process denies a citizen in the full and free access to her enjoyment of the right, that's a crime in every state.
[01:51:05.760 --> 01:51:16.760]  Right. So my thinking is any claim without being able to provide evidence is a fraud.
[01:51:16.760 --> 01:51:33.760]  Okay. Hold on, hold on. You can't say it that way, because the government had the judicial system that said we want the public to participate in trying to help us fight crime.
[01:51:33.760 --> 01:51:52.760]  We can't be everywhere at once. So if you as a citizen have reason to believe and do believe that a crime has been committed, even if that reason is based on hearsay information, we want you to report that.
[01:51:52.760 --> 01:52:15.760]  And when you report that, you report it to a magistrate, not a judge. Even if he is a judge, when you report it, he becomes a magistrate. And when you do that, you are absolutely immune from any retribution, so long as you do not perjure yourself.
[01:52:15.760 --> 01:52:39.760]  So you can't say that's fraud. Once the court gets it, then the court has to develop best evidence. If they try to pursue without best evidence, then the court is the one that's committing the fraud. You can't go back after the filer. Does that make sense?
[01:52:39.760 --> 01:52:49.760]  Put it in the context of unable to provide evidence that I owe property tax. See, that is a crime.
[01:52:49.760 --> 01:53:05.760]  Okay. I'm making a real pedantic point here, and this is what the lawyers will use to short circuit you. You can't make the accusation against the filer. You make the accusation against the judge.
[01:53:05.760 --> 01:53:21.760]  Well, because it is the judge. Once he has been given notice that a crime has been committed, then the prosecution must provide the judge with best evidence.
[01:53:21.760 --> 01:53:41.760]  hearsay evidence is enough to provide a determination of probable cause and give the court jurisdiction to look into the matter. But then in order for the court to move ahead, they must have best evidence, which can't be hearsay.
[01:53:41.760 --> 01:53:54.760]  They have to develop first hand evidence before they can move ahead. Point is, don't go after the one who filed it. Go after the one who's adjudicating it. Does that make sense?
[01:53:54.760 --> 01:54:09.760]  Well, how do I write a tort letter accusing the tax commission of fraud if you can't accuse them of not having any evidence?
[01:54:09.760 --> 01:54:27.760]  The tax commission is not their official agency. They can't move on hearsay. If I go to the tax commission and say, hey, this guy next door here, he ain't paying his taxes. He's got all this stuff over here.
[01:54:27.760 --> 01:54:40.760]  He should be paying taxes on it. He's not paying taxes on it. Well, they can act on that based on hearsay. But then they have to look into it and establish the veracity of the complaint.
[01:54:40.760 --> 01:54:44.760]  So yes, you can go after the tax commission.
[01:54:44.760 --> 01:54:58.760]  Okay. That's why I'm trying to figure out how to hook the tax assessor. I'm asking for evidence and you're saying that they can charge me without having evidence.
[01:54:58.760 --> 01:55:16.760]  They can charge, but they can't prosecute. They must prosecute on best evidence. And when they make the charge, what happens is a guy goes to the magistrate or the police and they say, there's 30 rotten scoundrels. He committed this crime.
[01:55:16.760 --> 01:55:24.760]  And they look at it and they say, okay, we have noticed that a crime has been committed. Now we have to go in and do our investigation.
[01:55:24.760 --> 01:55:40.760]  Based on the notice, we can pursue an investigation, but we cannot pursue prosecution unless our investigation produces best evidence.
[01:55:40.760 --> 01:55:54.760]  So the tax commission, they're not some private citizen given notice of crime. They're an official agency prosecuting the crime. They have to do that on best evidence.
[01:55:54.760 --> 01:56:06.760]  And when they accuse you of a crime, you have a statutory constitutional right to nature and cause. Nature and cause must be best evidence.
[01:56:06.760 --> 01:56:13.760]  So you ask them for nature and cause. If they can't produce it, you move to dismiss. Does that make sense?
[01:56:13.760 --> 01:56:23.760]  I think I'm following you. I'm just trying to figure out how I can get them on the hook for not giving me the evidence that I was missing.
[01:56:23.760 --> 01:56:26.760]  Demand nature and cause.
[01:56:26.760 --> 01:56:27.760]  Okay.
[01:56:27.760 --> 01:56:41.760]  So opposed to constitution, did they have to give you precisely what they're charging you with and how they get to, they can't make claims based on legal conclusions.
[01:56:41.760 --> 01:56:47.760]  They must make claims based on incontrovertible fact.
[01:56:47.760 --> 01:56:59.760]  You ask them for the fact and the law and the conclusions based on the application of the law to the facts.
[01:56:59.760 --> 01:57:16.760]  Listen to this, what I'm thinking. Again, going back to if somebody claims you own it or debt, you have the right to the evidence of that debt and they have the obligation to provide that evidence.
[01:57:16.760 --> 01:57:26.760]  Okay, that's exactly right. Not debt validation, but evidence of debt. Okay, that stated correctly.
[01:57:26.760 --> 01:57:35.760]  Lawyers are word crafters and they will twist your terminology. If you demand evidence of the debt, then yes, they must produce.
[01:57:35.760 --> 01:57:45.760]  Right. And because they didn't produce the evidence, then they're, and then using...
[01:57:45.760 --> 01:57:49.760]  Okay, okay. Hold on. I was just doing some research on this today.
[01:57:49.760 --> 01:58:02.760]  I came up with some case law that says if you make a claim and the claim is not refuted, then the claim becomes a judicial admission.
[01:58:02.760 --> 01:58:15.760]  So if you make a claim and the other side didn't refute the claim, then your claim becomes a judicial fact and they can't get past it.
[01:58:15.760 --> 01:58:20.760]  We're out of time. Calm back tomorrow night. I would like to go in just a little more depth.
[01:58:20.760 --> 01:58:30.760]  It is an interesting area that I've found some case law on that will really make it hard for these guys to do their song and dance since cells are down your pants.
[01:58:30.760 --> 01:58:39.760]  Thank you, Stephen. We'll talk to you tomorrow night. John, I'm sorry we didn't get to you, but we'll be on tomorrow night for our four hour info marathon.
[01:58:39.760 --> 01:59:08.760]  So if you have questions or comments, give us a call tomorrow night. Thank you for listening and good night.
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