ROL_2018-04-27_16k_Hr3-4.timecode

[00:00.000 --> 00:29.560]  Markets for the 11th of April 2018 closed with gold $1,353.22 an ounce.
[00:29.560 --> 00:41.240]  It's over $16.68 an ounce, Texas Crude $65.51 a barrel, Bitcoin $6,902.19, Ethereum $420.80,
[00:41.240 --> 00:55.560]  Bitcoin Cash $652.90, and finally Litecoins at $114.34, a crypto coin.
[00:55.560 --> 01:01.280]  Today in History, the year 1968, President Lyndon B. Johnson signed the Civil Rights Act
[01:01.280 --> 01:06.240]  of 1968, which prohibited private businesses from discriminating based on race, color,
[01:06.240 --> 01:08.240]  religion, sex, or national origin.
[01:08.240 --> 01:13.240]  It also prohibited unequal application of voter registration requirements, racial segregation
[01:13.240 --> 01:18.400]  in public schools, and employment, and public accommodations for places of business.
[01:18.400 --> 01:24.040]  Today in History.
[01:24.040 --> 01:28.040]  In recent news, tensions in Syria seem to have reached new levels after a chemical attack
[01:28.040 --> 01:32.320]  on civilians in the city of Douma, which left 40 dead and many injured, an attack which
[01:32.320 --> 01:36.760]  is being blamed on the democratically elected President of Syria, Bashar al-Assad, by the
[01:36.760 --> 01:41.520]  United States and on Israel by Russia, either accusatory narrative without any verified
[01:41.520 --> 01:43.400]  evidence as of yet.
[01:43.400 --> 01:47.080]  President Trump tweeted today, Wednesday, that if, quote, Russia vows to shoot down any
[01:47.080 --> 01:51.240]  and all missiles fired at Syria, get ready, Russia, because they will be coming in nice
[01:51.240 --> 01:55.840]  and new and smart, going on to warn Russia that you shouldn't be partners with a gas-killing
[01:55.840 --> 01:58.640]  animal who kills its people and enjoys it.
[01:58.640 --> 02:02.680]  Many in the West, including President Trump, have been quick to conclude that this chemical
[02:02.680 --> 02:06.840]  attack must have been conducted by Assad and his forces.
[02:06.840 --> 02:11.080]  Syria and Russia, on the other hand, have given approval since yesterday for the Organization
[02:11.080 --> 02:15.640]  for the Prohibition of Chemical Weapons to investigate the side of the chemical slaughter.
[02:15.640 --> 02:19.440]  Assad has been successful in maintaining rule and support during Syria's seven-year civil
[02:19.440 --> 02:24.080]  war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[02:24.080 --> 02:28.840]  rebels that are openly being funded by Western governments, with ISIS being one of the more
[02:28.840 --> 02:32.600]  notorious splinter groups of the American-backed Syrian rebels.
[02:32.600 --> 02:37.920]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook
[02:37.920 --> 02:42.280]  that smart missiles should be fired at terrorists and not at a legitimate government, which
[02:42.280 --> 02:44.480]  has been fighting terrorists.
[02:44.480 --> 02:48.320]  Or is this a trick to destroy all traces with a smart missile strike, and then there will
[02:48.320 --> 02:55.320]  be no evidence for international inspectors to look at?
[03:18.320 --> 03:46.320]  Okay, we are back.
[03:46.320 --> 04:05.640]  Okay, where were we when I ran off to cliff again?
[04:05.640 --> 04:07.480]  I don't know, but I have a question.
[04:07.480 --> 04:12.800]  When we were talking earlier about, he said something about the subpoena and that they
[04:12.800 --> 04:14.300]  had to do.
[04:14.300 --> 04:21.120]  My niece was sharp enough when they tried to serve it on my brother-in-law, also, because
[04:21.120 --> 04:23.320]  he's part of something, anyway.
[04:23.320 --> 04:32.200]  It says, notice of intent to take oral deposition, Deuce's tickum of my brother-in-law's name.
[04:32.200 --> 04:38.200]  Deuce's tickum means they want him to bring documentation.
[04:38.200 --> 04:39.280]  Right.
[04:39.280 --> 04:45.080]  So the date, they gave a date, and they gave the time, and it says the location.
[04:45.080 --> 04:47.840]  So I guess their law firm's going to do it, and they can do it.
[04:47.840 --> 04:54.560]  I think it said by video or stenographic, something, anyway.
[04:54.560 --> 04:59.000]  So they're just shooting up the bills of the thing.
[04:59.000 --> 05:01.720]  So this is what it's intent.
[05:01.720 --> 05:08.000]  Does the word, does the notice of intent, does that bind us?
[05:08.000 --> 05:17.920]  What Ken said earlier was something that kind of gave us a space there about this subpoena.
[05:17.920 --> 05:19.880]  They sued you in district court.
[05:19.880 --> 05:23.080]  It's under the rules of civil procedure.
[05:23.080 --> 05:28.720]  Look up the rules for subpoenas, and the subpoena rules and discovery rules, they got to give
[05:28.720 --> 05:33.760]  you time to determine when you're available, okay?
[05:33.760 --> 05:35.880]  So you can set whatever time you want.
[05:35.880 --> 05:36.880]  It's not convenient.
[05:36.880 --> 05:43.120]  They can only make a motion to compel at a later date if you don't pick the date, but
[05:43.120 --> 05:47.880]  they can't arbitrarily pick a single date and say you have to be there.
[05:47.880 --> 05:53.080]  The only person they can do that is as a witness for a court hearing, the judge can issue an
[05:53.080 --> 05:57.400]  order or a subpoena to be there at a court hearing at a specific date time.
[05:57.400 --> 05:58.760]  But not for depositions.
[05:58.760 --> 06:03.680]  Defositions and subpoena deuce's tickum are all discovery elements that are in the rules
[06:03.680 --> 06:04.680]  of civil procedure.
[06:04.680 --> 06:08.720]  If they haven't complied with those rules, do you move to caution?
[06:08.720 --> 06:09.720]  Yes.
[06:09.720 --> 06:12.680]  It says rule 199, so I can look that up.
[06:12.680 --> 06:16.160]  Well, don't trust that that's the only rule.
[06:16.160 --> 06:20.680]  There may be other rules, just because they put that rule in, it doesn't mean it's all
[06:20.680 --> 06:21.680]  inclusive.
[06:21.680 --> 06:27.560]  There may be other issues that they haven't addressed that they should address and have
[06:27.560 --> 06:30.920]  it, and they're able to minute it from the list because they don't want you to look it
[06:30.920 --> 06:31.920]  up.
[06:31.920 --> 06:37.160]  You need to look up, this is back to the original theme of this whole night, which is you need
[06:37.160 --> 06:39.280]  to read the rules.
[06:39.280 --> 06:47.200]  If you read your rules and it's about interveners or cross complaints and things like that or
[06:47.200 --> 06:50.680]  something that doesn't apply to you, you can skip by that rule.
[06:50.680 --> 06:56.840]  But there's not that many rules that actually apply to the procedures, and discovery rules
[06:56.840 --> 06:57.840]  are in one section.
[06:57.840 --> 07:02.240]  Does he have a copy of O'Connor's?
[07:02.240 --> 07:03.240]  No.
[07:03.240 --> 07:07.440]  You need to get a copy of O'Connor's.
[07:07.440 --> 07:09.560]  I have one here.
[07:09.560 --> 07:10.560]  I can look it up.
[07:10.560 --> 07:17.400]  It says there's a lot of goodies here in Tennessee.
[07:17.400 --> 07:27.640]  The way I got mine, Tim, was I went on eBay and did a search on eBay.
[07:27.640 --> 07:30.920]  I got it for like $25, $30.
[07:30.920 --> 07:38.560]  They do only cost about $170, but we're a person, we don't even brand new ones.
[07:38.560 --> 07:43.920]  If Tim would like an old, older copy, I think I got one for 2011.
[07:43.920 --> 07:48.920]  I think I paid $15 for it, and if he wants some drive down to Fort Worth to get it, I'd
[07:48.920 --> 07:53.400]  be more than happy to get it to him.
[07:53.400 --> 07:58.280]  If you'll have Randy give me your address and phone number, we'll do that offline.
[07:58.280 --> 07:59.280]  Yeah.
[07:59.280 --> 08:00.280]  Well, that's fine.
[08:00.280 --> 08:09.200]  I live out here by Randy, and so I don't want to hold you guys up any longer because
[08:09.200 --> 08:13.520]  you got several callers who probably irritated already that we're still talking about my
[08:13.520 --> 08:14.520]  case.
[08:14.520 --> 08:20.520]  Well, this is how everybody has to understand the process is complicated, and there's a
[08:20.520 --> 08:27.720]  lot of things that go on, and in this particular case, this is a political case now.
[08:27.720 --> 08:33.520]  What it is is that they are doing CYA to cover up the crimes they've committed, and they're
[08:33.520 --> 08:38.360]  going to dig the hole deeper and deeper and deeper until you give up, but at some point
[08:38.360 --> 08:43.160]  in time, they're going to have to say, Uncle, and Randy knows that they will ultimately
[08:43.160 --> 08:48.200]  do that if it becomes the difference between going to jail or losing their jobs.
[08:48.200 --> 08:53.080]  Of course, we've known a few attorneys that have lost their jobs over this kind of stuff,
[08:53.080 --> 08:54.080]  but...
[08:54.080 --> 08:56.800]  Well, this is an entire law firm.
[08:56.800 --> 09:03.960]  Three of their attorneys and their head attorney themselves has come to court, and the TML representative
[09:03.960 --> 09:06.720]  has come to court with the head attorney.
[09:06.720 --> 09:07.720]  That's...
[09:07.720 --> 09:12.480]  For those of you who don't know, that's Texas Municipal League.
[09:12.480 --> 09:17.120]  That's the insurer for the municipality.
[09:17.120 --> 09:18.120]  I hate acronyms.
[09:18.120 --> 09:19.120]  Go ahead.
[09:19.120 --> 09:24.680]  Well, I remember you, when they were through with the court, when they adjourned for the
[09:24.680 --> 09:30.440]  court that day, that you said you were sitting on the front row behind them, and when he's
[09:30.440 --> 09:35.120]  the guy from Texas Municipal League stood up, you, I don't know, you said something to
[09:35.120 --> 09:37.120]  him about his tie or something.
[09:37.120 --> 09:38.120]  I don't know.
[09:38.120 --> 09:39.120]  Yeah.
[09:39.120 --> 09:40.120]  Where'd you get a tie that long?
[09:40.120 --> 09:41.120]  He's a big guy.
[09:41.120 --> 09:46.840]  He had a tie that went down to his crotch where he is, a tie that's hanging out two and a
[09:46.840 --> 09:47.840]  half feet long.
[09:47.840 --> 09:48.840]  Oh, my God.
[09:48.840 --> 09:53.840]  That was really just to get him off his game.
[09:53.840 --> 09:56.000]  Oh, my Lord.
[09:56.000 --> 10:02.640]  Kind of like when I reached over to the attorney last Friday and asked him if his parents raised
[10:02.640 --> 10:08.640]  him to be sneaky.
[10:08.640 --> 10:13.840]  The comment that I usually say is, your parents must be really proud of you.
[10:13.840 --> 10:18.520]  Well, he said, he didn't like what I said.
[10:18.520 --> 10:23.360]  Then when we were walking down the stairs, I said, you know, we're not finished yet.
[10:23.360 --> 10:27.560]  And he stopped and he bowed up at me and he said, are you threatening me?
[10:27.560 --> 10:28.560]  I'm going to go get the bailiff.
[10:28.560 --> 10:29.560]  And I thought, oh no, I'm going to jail.
[10:29.560 --> 10:30.560]  I'm not finished.
[10:30.560 --> 10:31.560]  That's a fact.
[10:31.560 --> 10:32.560]  Yeah.
[10:32.560 --> 10:42.560]  That kind of stuff with me doesn't work very well because I would get the bailiff.
[10:42.560 --> 10:44.560]  Look at that big guy.
[10:44.560 --> 10:45.560]  He's agitated.
[10:45.560 --> 10:46.560]  I'm afraid of him.
[10:46.560 --> 10:53.240]  Well, if he was up the stairs, I was down the stairs, you know, so anyway, let's don't
[10:53.240 --> 10:55.240]  hold up any more of you guys' time.
[10:55.240 --> 10:56.240]  Okay.
[10:56.240 --> 11:00.200]  And if you'll give me his number, I will go and get that thing and I will try to study
[11:00.200 --> 11:02.000]  a coaching of Randy.
[11:02.000 --> 11:03.000]  Okay.
[11:03.000 --> 11:04.000]  Yeah.
[11:04.000 --> 11:06.000]  Send him an email, Randy.
[11:06.000 --> 11:07.000]  Okay, I will.
[11:07.000 --> 11:08.000]  Okay.
[11:08.000 --> 11:09.000]  Thank you, Tim.
[11:09.000 --> 11:15.040]  Okay, now we're going to Sondra 423.
[11:15.040 --> 11:17.040]  What state is that?
[11:17.040 --> 11:24.640]  Hello, Sondra, are you there?
[11:24.640 --> 11:30.080]  It looks like we put Sondra to sleep.
[11:30.080 --> 11:32.080]  Sometimes has that effect on people.
[11:32.080 --> 11:33.080]  Okay.
[11:33.080 --> 11:35.080]  You're painting that metaphorically.
[11:35.080 --> 11:36.080]  No.
[11:36.080 --> 11:41.360]  No, I mean that literally.
[11:41.360 --> 11:43.560]  Now we're going to Eric and Georgia.
[11:43.560 --> 11:44.560]  Hello, Eric.
[11:44.560 --> 11:46.560]  What do you have for us today?
[11:46.560 --> 11:47.560]  Hello.
[11:47.560 --> 11:48.560]  Go ahead.
[11:48.560 --> 11:53.560]  Do you have a question or a comment?
[11:53.560 --> 11:54.560]  Yeah.
[11:54.560 --> 12:04.800]  I'm going to have some problems with the clerks accord of my county, the Superior Corker of
[12:04.800 --> 12:05.800]  my county.
[12:05.800 --> 12:10.520]  I've gone out there several times for information.
[12:10.520 --> 12:14.800]  She doesn't want to give me any.
[12:14.800 --> 12:22.800]  Have you, okay, are you asking for public information or are you asking for law?
[12:22.800 --> 12:27.760]  Because you're asking for her to give you law, then she doesn't require to do that.
[12:27.760 --> 12:32.640]  If you're asking for court documents and such, then she has to.
[12:32.640 --> 12:34.880]  So what are you asking for?
[12:34.880 --> 12:35.880]  Oh, yes, sir.
[12:35.880 --> 12:36.880]  Let me, I'm sorry.
[12:36.880 --> 12:41.880]  I've started this off on the wrong foot.
[12:41.880 --> 12:49.360]  There's a law in the state of Georgia, and it requires that each county make a law library.
[12:49.360 --> 12:56.360]  Well, I have some legal issues that I want to see about, so I tried to call a law library.
[12:56.360 --> 13:05.680]  Well, I've called public officials, clerks of court, probate judge, Superior Clerk Court,
[13:05.680 --> 13:11.040]  and even just the local regular public library, nobody knows where it's at.
[13:11.040 --> 13:13.040]  You can't find it.
[13:13.040 --> 13:14.040]  Oh.
[13:14.040 --> 13:15.040]  Okay.
[13:15.040 --> 13:23.600]  It would generally be the commissioners court that would have a lot of funds for that sort
[13:23.600 --> 13:24.600]  of thing.
[13:24.600 --> 13:33.800]  So the question is, has the state allotted funds to the county for a law library, and
[13:33.800 --> 13:40.360]  if they have, what did the county do with it?
[13:40.360 --> 13:48.000]  That's what my question is, is see what happens in the state of Georgia on offer every criminal
[13:48.000 --> 13:56.840]  fine, offer every citation, they're supposed to take $5 and put it in the county where
[13:56.840 --> 14:04.760]  they're in, take that $5 and give it to what's called a board of trustees of the law library,
[14:04.760 --> 14:11.200]  which is supposed to include the Superior Court judge, the probate judge, and whoever
[14:11.200 --> 14:14.840]  they decide.
[14:14.840 --> 14:21.640]  If they're going to try to find these people, they direct me to a local attorney and I'm
[14:21.640 --> 14:22.640]  to...
[14:22.640 --> 14:23.640]  Oh, okay.
[14:23.640 --> 14:24.640]  Hold on.
[14:24.640 --> 14:25.640]  This is not hard.
[14:25.640 --> 14:31.640]  You send a information request to the district clerk.
[14:31.640 --> 14:41.400]  Now, if the open records law in Georgia is the same as or similar to the open records
[14:41.400 --> 14:49.640]  law in Texas, and it almost certainly will be in this case, if you file a request with
[14:49.640 --> 14:55.200]  governmental agency and the person to whom you filed the request is not the custodian
[14:55.200 --> 15:01.680]  of the record, then that person is required to forward your request to the custodian of
[15:01.680 --> 15:02.960]  the record.
[15:02.960 --> 15:07.200]  So you really don't care who this person is.
[15:07.200 --> 15:11.720]  You just file a request for this information.
[15:11.720 --> 15:15.600]  You might file it with the district judge, whoever you want to kick in the political
[15:15.600 --> 15:17.600]  tax.
[15:17.600 --> 15:18.600]  And I like judges.
[15:18.600 --> 15:19.600]  Go ahead.
[15:19.600 --> 15:20.600]  Okay.
[15:20.600 --> 15:26.000]  First thing is, do you have access to the internet?
[15:26.000 --> 15:27.000]  Yes, sir.
[15:27.000 --> 15:28.000]  Okay.
[15:28.000 --> 15:29.000]  Yes, sir.
[15:29.000 --> 15:35.320]  You should be Googling the world out of this, but one of the ways, if the legislature passed
[15:35.320 --> 15:42.640]  this law to establish this fund, talk to your local legislator, whoever you vote for in
[15:42.640 --> 15:52.320]  November for state legislator or state senator, you need to talk to that, find out if the
[15:52.320 --> 15:57.640]  doctor there, clerk or whoever answers the phone or whatever, to find out where you can
[15:57.640 --> 16:02.720]  locate this law library and ask to have a meeting, set up a meeting.
[16:02.720 --> 16:09.720]  And the issue I get is that you've done all of these inquiries so far without doing it
[16:09.720 --> 16:10.720]  in writing.
[16:10.720 --> 16:12.720]  You've done it in person or by the phone.
[16:12.720 --> 16:13.720]  Correct, sir.
[16:13.720 --> 16:14.720]  Yes, sir.
[16:14.720 --> 16:18.320]  You've got to do everything in writing.
[16:18.320 --> 16:24.000]  You can do it by phone just to find out basic information and address, name of the person
[16:24.000 --> 16:28.000]  you need to write the letter to, but you always need to do it in writing.
[16:28.000 --> 16:33.240]  Some states, they'll allow you to do it by email, but I still prefer the formal letter
[16:33.240 --> 16:37.560]  that you send, and if you think they're going to throw it to trash, you need to send it
[16:37.560 --> 16:38.560]  certified mail.
[16:38.560 --> 16:43.200]  You don't have to get the green card anymore because the U.S. Post Office has been real
[16:43.200 --> 16:48.880]  nice in putting this stuff out, and I think we're about to go over the edge.
[16:48.880 --> 16:49.880]  Okay.
[16:49.880 --> 16:52.400]  We are about to go over the edge.
[16:52.400 --> 16:53.400]  This is...
[16:53.400 --> 16:54.400]  Hang on.
[16:54.400 --> 16:59.400]  I've got a cell to remove our radio.
[16:59.400 --> 17:00.400]  I call in number 51264698.
[17:00.400 --> 17:01.400]  Saying cookies.
[17:01.400 --> 17:02.400]  Cookie?
[17:02.400 --> 17:03.400]  Me love cookies.
[17:03.400 --> 17:04.400]  Oh, hi, Cookie Munchers.
[17:04.400 --> 17:06.400]  No, these are yucky cookies.
[17:06.400 --> 17:07.400]  Cookie?
[17:07.400 --> 17:08.400]  Yucky?
[17:08.400 --> 17:09.400]  No, no bad cookies.
[17:09.400 --> 17:10.400]  You can't even eat these cookies.
[17:10.400 --> 17:11.400]  These are cyber cookies.
[17:11.400 --> 17:12.400]  No, can't you eat?
[17:12.400 --> 17:13.400]  No.
[17:13.400 --> 17:16.400]  They are cyber cookies and they clog up your computer.
[17:16.400 --> 17:17.400]  Me love apples.
[17:17.400 --> 17:18.400]  Really?
[17:18.400 --> 17:20.400]  Oh, that's an actual apple.
[17:20.400 --> 17:22.400]  Hmm, yummy apple.
[17:22.400 --> 17:26.400]  I'm going to throw away these yucky cookies in the trash.
[17:26.400 --> 17:32.400]  I click control, shift, delete, and then scroll down to cookies and clear them.
[17:32.400 --> 17:34.400]  Bye bye, yucky cookies.
[17:34.400 --> 17:40.400]  Now, I go to LogosRadioNetwork.com and I click on the Amazon box on the upper right-hand
[17:40.400 --> 17:46.400]  side, bookmark the link, and I can go to Amazon through this link and order you some yummy
[17:46.400 --> 17:47.400]  new cookies.
[17:47.400 --> 17:48.400]  New cookies for me.
[17:48.400 --> 17:53.400]  Consider it an early Christmas present, and every time I order on Amazon, I go through
[17:53.400 --> 17:57.400]  this link and I give a little present to this radio network, too.
[17:57.400 --> 17:58.400]  These are cookies.
[17:58.400 --> 18:00.400]  These are classified.
[18:00.400 --> 18:05.400]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[18:59.400 --> 19:00.400]  now.
[19:00.400 --> 19:11.400]  You are listening to the Logos Radio Network, logo-logos-radio-network.com.
[19:11.400 --> 19:14.400]  Well, don't let nothing get to you.
[19:14.400 --> 19:17.400]  Only the father can do it by you.
[19:17.400 --> 19:23.400]  So don't let bad-mine people hurt you until it's a gift behind you.
[19:23.400 --> 19:25.400]  Know what I mean?
[19:25.400 --> 19:50.400]  Okay, we are back.
[19:50.400 --> 19:54.400]  Randy Kelton, rule of law radio here with our special guest, Ken Magnuson.
[19:54.400 --> 19:57.400]  And we're talking to Eric and Georgia.
[19:57.400 --> 20:00.400]  Eric, what county are you in?
[20:00.400 --> 20:10.400]  I'm in Wayne, Wayne County, Georgia, the southern end, right there about 70 miles from Jacksonville
[20:10.400 --> 20:12.400]  and about 70 miles from Savannah.
[20:12.400 --> 20:16.400]  Oh, you're down there near the Gulf.
[20:16.400 --> 20:21.400]  Okay, Ken, Ken, you was looking up some code.
[20:21.400 --> 20:23.400]  Ken, will you tell them what you found?
[20:23.400 --> 20:27.400]  Well, I found the whole code that describes the county law library.
[20:27.400 --> 20:29.400]  It's in the local government provisions.
[20:29.400 --> 20:31.400]  That will go to counties.
[20:31.400 --> 20:33.400]  It's about the county law library.
[20:33.400 --> 20:38.400]  And there's a whole slew of code here that talks about powers, duties, control, deposit,
[20:38.400 --> 20:41.400]  receipt of investments, use of funds, everything like this.
[20:41.400 --> 20:57.400]  So now that I've got the name of the county, I'm looking at Wayne County.
[20:57.400 --> 21:15.400]  Okay, while he's looking that up, apparently the superior court, the superior head judges of the district court is on the board of trustees for the library.
[21:15.400 --> 21:18.400]  So go ahead, Ken.
[21:18.400 --> 21:26.400]  Yeah, that would be where you want to send your notice to ask them where the library is.
[21:26.400 --> 21:29.400]  And this is what I think is happening.
[21:29.400 --> 21:31.400]  I think they're collecting the money off his ticket.
[21:31.400 --> 21:36.400]  And that's why I went to the clerk of court to see, okay, let me give you this two random tickets.
[21:36.400 --> 21:41.400]  Give me a criminal charge that's being adjudicated and give me a citation that's being adjudicated.
[21:41.400 --> 21:42.400]  This is random.
[21:42.400 --> 21:43.400]  I don't care which one it is.
[21:43.400 --> 21:46.400]  I want to see the surcharges and the fees on those tickets and where they went to.
[21:46.400 --> 21:48.400]  So they want to make sure that it's $5 taken out.
[21:48.400 --> 21:50.400]  And where do you send this money to?
[21:50.400 --> 21:58.400]  Okay, so she wouldn't give me any of these information because she said these charges and these record taxes.
[21:58.400 --> 21:59.400]  Oh, hold on, hold on.
[21:59.400 --> 22:04.400]  You asked for a criminal file and she wouldn't give it to you?
[22:04.400 --> 22:06.400]  Well, I don't want to say that.
[22:06.400 --> 22:13.400]  I'm going to ask for what was the adjudication on that thing and where those fees and surcharges went to.
[22:13.400 --> 22:19.400]  Okay, go in and ask to see a criminal file.
[22:19.400 --> 22:20.400]  Sure, okay.
[22:20.400 --> 22:27.400]  And she's likely to say, well, you're going to have to give me a cause number.
[22:27.400 --> 22:35.400]  Then you asked to see the most recent appearance docket in the court.
[22:35.400 --> 22:37.400]  Now they're required to give you that.
[22:37.400 --> 22:48.400]  So you get the appearance docket and the appearance docket will have cause numbers on it and it will tell you how the causes are numbered.
[22:48.400 --> 23:00.400]  Most of them have a number that indicates the year and then it starts with like 18-001 and then two and three and four.
[23:00.400 --> 23:05.400]  So you can look at the number and kind of guess how old the case is.
[23:05.400 --> 23:15.400]  So look at how they number and make up and just make up a number that would be a year old and ask to see this case.
[23:15.400 --> 23:16.400]  Yes, sir.
[23:16.400 --> 23:19.400]  Now you're given a case number.
[23:19.400 --> 23:27.400]  When they bring that, you look in that and look for these charges.
[23:27.400 --> 23:45.400]  If they're not reflected in the record, then I generally take out an information request and request all of the financials for the fines and fees that were adjudicated in this case.
[23:45.400 --> 23:59.400]  So you're very specific, no general questions and always give them a written request and you might go to jurisimprudence.website.
[23:59.400 --> 24:12.400]  Top link on your right hand side will be documents and research and under that you'll see blanks and there will be a blank information request in there.
[24:12.400 --> 24:17.400]  Now my information requests have no law in them.
[24:17.400 --> 24:29.400]  So they'll go to any state and they're really obnoxious because I've done this a long time and I know I've been through all the trash they pour.
[24:29.400 --> 24:37.400]  So they're well constructed and you download one of those blanks and put your name on the top of it.
[24:37.400 --> 24:45.400]  And I generally print up a bunch of blank ones and then when I go in there, I take out my copy, my form and fill it out.
[24:45.400 --> 24:49.400]  And they're likely to tell you that well you have to fill out our form.
[24:49.400 --> 25:03.400]  And their form will have things left out of it or things in it that will cause you to waive some of your rights and make life easier for them.
[25:03.400 --> 25:08.400]  And always tell them no, no, I'll just use mine and they'll say well we can't accept it on yours.
[25:08.400 --> 25:11.400]  They'll say well that's your call, you do whatever you want to.
[25:11.400 --> 25:14.400]  I'm going to give it to you, you can either accept it or not accept it.
[25:14.400 --> 25:16.400]  I don't care what you do.
[25:16.400 --> 25:25.400]  When you don't get excited, I have never had them not take my form.
[25:25.400 --> 25:35.400]  Because I'm a little different than you, if they didn't take my form, then I would download 911.
[25:35.400 --> 25:38.400]  But that's what I do.
[25:38.400 --> 25:44.400]  But generally they'll take your form.
[25:44.400 --> 25:46.400]  Let me interrupt.
[25:46.400 --> 25:52.400]  I found the county law library powers and duties of the board and there's one to keep records of all meetings and proceedings.
[25:52.400 --> 25:56.400]  That's what you want to request.
[25:56.400 --> 25:57.400]  Oh good.
[25:57.400 --> 25:59.400]  I missed that.
[25:59.400 --> 26:01.400]  Okay, awesome.
[26:01.400 --> 26:10.400]  Mr. Magnus, when you looked at that, did you see anything that said that that law library is just for judges or lawyers or anything like that?
[26:10.400 --> 26:15.400]  No, it's not allowed to do that.
[26:15.400 --> 26:23.400]  I would imagine the Constitution of Georgia would prohibit them creating a law library only for judges and lawyers.
[26:23.400 --> 26:29.400]  Unless the judges and lawyers pay for it out of their own pockets.
[26:29.400 --> 26:32.400]  Pockets, right.
[26:32.400 --> 26:35.400]  Good deal, okay.
[26:35.400 --> 26:48.400]  There's space and utilities by county governing authorities, additional costs, and court case amounts determined as needed to prerequisite the collection of criminal cases prior to actions, decisions, contract and purchases,
[26:48.400 --> 26:57.400]  receipt and disbursement of funds by counties having population 900,000 or more.
[26:57.400 --> 27:05.400]  Okay, very quickly, let me give you a primer on how to request information.
[27:05.400 --> 27:13.400]  You never want the custodian to know what you're actually looking for.
[27:13.400 --> 27:22.400]  So you make your request in such a way that you ask for more information than you really care to see.
[27:22.400 --> 27:34.400]  And I like to craft my request in a way that will cause the custodian to say to himself, why is he asking for that?
[27:34.400 --> 27:35.400]  What's he looking for?
[27:35.400 --> 27:40.400]  Sometimes I ask for stuff I don't even care about because I want to misdirect him.
[27:40.400 --> 27:47.400]  One of the things I like to give him to do is look at this and ask me why I want to see the records.
[27:47.400 --> 27:53.400]  In most every state, that's a crime for them to ask you why.
[27:53.400 --> 27:58.400]  So I try to coax them into asking me why and then I get to file on them.
[27:58.400 --> 28:04.400]  Once you've stung them once, then they feel like you're setting them up.
[28:04.400 --> 28:12.400]  Now they get real careful and they tend to give you what you ask for with less grief.
[28:12.400 --> 28:21.400]  And you don't want them to know what you're looking for because they'll try to hide it, especially if they've got something going on.
[28:21.400 --> 28:31.400]  So think about how you can craft your request so it's not clear what you're after and never tell them what you're after.
[28:31.400 --> 28:33.400]  Just tell them what you want to see.
[28:33.400 --> 28:52.400]  And if they ask you outright and if the Open Records Act in Georgia does not make it a crime, in Texas it says the custodian may ask the requester for his name and the record sought.
[28:52.400 --> 29:03.400]  If where a statute includes something, specifically everything else is excluded.
[29:03.400 --> 29:18.400]  So it tells the custodian, these are the questions, I'm sorry, it actually says in the Open Records Act in Texas, the custodian may make no inquiry of the requester other than to determine his identity and record sought.
[29:18.400 --> 29:24.400]  We'll look in Georgia Law and see what it says about that. There's probably a similar restriction.
[29:24.400 --> 29:27.400]  Okay, so got something new.
[29:27.400 --> 29:29.400]  Go ahead.
[29:29.400 --> 29:31.400]  Okay.
[29:31.400 --> 29:43.400]  While I'm doing the search while you guys are talking on the computer, I found Fulton County Law Library, Justice Center in Atlanta, and it talks about Fulton County Law Library.
[29:43.400 --> 29:49.400]  Okay, hang on, hang on 15 seconds. We're going to work.
[29:49.400 --> 29:59.400]  Randy Calton, we'll be right back.
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[33:19.400 --> 33:48.400]  Yeah, I won't let you put the world over my eyes.
[33:48.400 --> 33:57.400]  You must refuse your news, also come and lie.
[33:57.400 --> 34:02.400]  It seems you're all just fake, but please take some words.
[34:02.400 --> 34:04.400]  Okay, we are back.
[34:04.400 --> 34:12.400]  Randy Kelton, Rule of Law Radio and with our special guest, Ken Magnuson, and we're talking to Eric and Georgia.
[34:12.400 --> 34:16.400]  Okay, Ken's been doing some digging on the break.
[34:16.400 --> 34:17.400]  Go ahead, Ken.
[34:17.400 --> 34:26.400]  Well, Fulton County has a public law library and it says it's there and it has west law and training for attorneys and the general public.
[34:26.400 --> 34:35.400]  Talked by instructors from Thompson's, Reuters West, you know, they've got all sorts of stuff on there.
[34:35.400 --> 34:40.400]  So at least we know that the county law libraries are intended for the public.
[34:40.400 --> 34:48.400]  So the question is whether Wayne County has built one and the question is where is the front?
[34:48.400 --> 34:49.400]  Yes, sir.
[34:49.400 --> 34:52.400]  That's the question I want to answer.
[34:52.400 --> 34:53.400]  Right.
[34:53.400 --> 34:55.400]  And you need to do that writing either way.
[34:55.400 --> 34:57.400]  So I think you ought to.
[34:57.400 --> 35:09.400]  If you've got a local, if you've got a newspaper, the general purpose newspaper that comes there of maximum circulation, I would turn around and write a letter to the superior court judge and then send a copy of that with a cover letter to the newspaper and say,
[35:09.400 --> 35:13.400]  you can't find out where any of this funding is gone.
[35:13.400 --> 35:15.400]  Ooh.
[35:15.400 --> 35:16.400]  Yes, sir.
[35:16.400 --> 35:18.400]  I like the standard of that.
[35:18.400 --> 35:19.400]  Yeah.
[35:19.400 --> 35:23.400]  If you want to say general, you don't want to sound like you're a conspiracy theory.
[35:23.400 --> 35:24.400]  Don't give them any conspiracies.
[35:24.400 --> 35:33.400]  You just can't seem to get an answer and you've sent this letter to them and you don't know if you're going to get an answer and you wanted the paper to be aware of this and what happens.
[35:33.400 --> 35:37.400]  You know, if...
[35:37.400 --> 35:47.400]  Yeah, if you could also on the request for information, you could always put carbon copy at the bottom to a name of a reporter at that paper.
[35:47.400 --> 35:53.400]  If you get the name of a reporter, indicate carbon copy and send a copy to him.
[35:53.400 --> 35:54.400]  Ooh.
[35:54.400 --> 35:57.400]  And they'll notice somebody's looking into it.
[35:57.400 --> 35:58.400]  Yeah, yeah.
[35:58.400 --> 36:04.400]  The biggest fear of the officials is public disclosure.
[36:04.400 --> 36:08.400]  You might see see it to your congressman.
[36:08.400 --> 36:09.400]  Ooh.
[36:09.400 --> 36:11.400]  State legislature.
[36:11.400 --> 36:12.400]  Not congressman.
[36:12.400 --> 36:13.400]  State legislator.
[36:13.400 --> 36:14.400]  Yeah.
[36:14.400 --> 36:15.400]  To meet the dancing.
[36:15.400 --> 36:16.400]  He's running for...
[36:16.400 --> 36:17.400]  Yeah.
[36:17.400 --> 36:22.400]  Our congressman is running for a election right now.
[36:22.400 --> 36:23.400]  So that'd be a good...
[36:23.400 --> 36:24.400]  I'm a heady.
[36:24.400 --> 36:25.400]  We'll let him know.
[36:25.400 --> 36:26.400]  Right.
[36:26.400 --> 36:27.400]  Not your...
[36:27.400 --> 36:28.400]  Not your U.S. congressman.
[36:28.400 --> 36:29.400]  Your local...
[36:29.400 --> 36:30.400]  Your state...
[36:30.400 --> 36:33.400]  Your state rep or state senator.
[36:33.400 --> 36:34.400]  Right.
[36:34.400 --> 36:35.400]  I'm sorry.
[36:35.400 --> 36:36.400]  I'm sorry.
[36:36.400 --> 36:37.400]  I'm sorry.
[36:37.400 --> 36:38.400]  I misspoke even.
[36:38.400 --> 36:43.400]  Because they're often looking for issues that they can wave in front of the public and say,
[36:43.400 --> 36:45.400]  see the great things I did.
[36:45.400 --> 36:53.400]  Caught this county stealing these or misappropriating these funds and got it fixed.
[36:53.400 --> 36:55.400]  You know, this is the kind of stuff they like.
[36:55.400 --> 36:57.400]  Everything's political.
[36:57.400 --> 37:03.400]  I once got all of the judges of the court of criminal appeals in Texas before a grand jury.
[37:03.400 --> 37:11.400]  And I thought it was all my great oratory and the really great documents I wrote.
[37:11.400 --> 37:13.400]  Had nothing to do with that.
[37:13.400 --> 37:19.400]  Had to do with a 25-year democratic prosecuting attorney retiring.
[37:19.400 --> 37:22.400]  All these judges were Republicans.
[37:22.400 --> 37:25.400]  He used my complaint as cannon fodder.
[37:25.400 --> 37:28.400]  Give your politicians cannon fodder.
[37:28.400 --> 37:31.400]  They can use to make themselves look good.
[37:31.400 --> 37:34.400]  And they'll help to fight your battles for you.
[37:34.400 --> 37:35.400]  Okay.
[37:35.400 --> 37:37.400]  He's about to say something.
[37:37.400 --> 37:39.400]  Yes, sir.
[37:39.400 --> 37:42.400]  Go ahead.
[37:42.400 --> 37:43.400]  Hello.
[37:43.400 --> 37:44.400]  Hello.
[37:44.400 --> 37:45.400]  This is Ken again.
[37:45.400 --> 37:50.400]  And I found a document on the archive library in Georgia.
[37:50.400 --> 37:55.400]  And at the bottom, it's the public library toolkit for Georgia.
[37:55.400 --> 38:01.400]  And they have a list of all of the county law libraries.
[38:01.400 --> 38:03.400]  Woo.
[38:03.400 --> 38:05.400]  I'm looking through here.
[38:05.400 --> 38:08.400]  I'm only in the M's now.
[38:08.400 --> 38:14.400]  Newton, let's get down there and see what we've got.
[38:14.400 --> 38:17.400]  Wayne County Law Library.
[38:17.400 --> 38:26.400]  174 North Brunswick Street, just in Georgia.
[38:26.400 --> 38:27.400]  Yes, sir.
[38:27.400 --> 38:29.400]  That's the courthouse.
[38:29.400 --> 38:31.400]  Then the library is there.
[38:31.400 --> 38:32.400]  It's in the courthouse.
[38:32.400 --> 38:33.400]  Yes.
[38:33.400 --> 38:34.400]  Yeah.
[38:34.400 --> 38:37.400]  I went to ask the bailiff, asked everybody there, say, wait, where's the law library?
[38:37.400 --> 38:39.400]  I think it's upstairs.
[38:39.400 --> 38:40.400]  Well, can I go?
[38:40.400 --> 38:41.400]  No.
[38:41.400 --> 38:42.400]  Okay.
[38:42.400 --> 38:43.400]  Well, how do I get access to it?
[38:43.400 --> 38:45.400]  I don't know.
[38:45.400 --> 38:47.400]  Well, is there anything up there?
[38:47.400 --> 38:48.400]  I think they closed it down.
[38:48.400 --> 38:50.400]  You know, there's different stories, different people.
[38:50.400 --> 38:52.400]  So I've got to get back there.
[38:52.400 --> 39:00.400]  Do you need people to find out?
[39:00.400 --> 39:01.400]  What do we want to call it?
[39:01.400 --> 39:03.400]  Nickelomaniatic attitude about it.
[39:03.400 --> 39:06.400]  I was in the county, I lived in Denton County, Texas.
[39:06.400 --> 39:09.400]  And I used to go in there because I had cases in there.
[39:09.400 --> 39:13.400]  You know how the judges will tell you you're acting as your own attorney?
[39:13.400 --> 39:15.400]  I told you the same accountability as a lawyer.
[39:15.400 --> 39:18.400]  So you're acting as your own lawyer or attorney.
[39:18.400 --> 39:23.400]  So basically I would go up to what was called the attorney lounge.
[39:23.400 --> 39:26.400]  And I would go in there and there was a couple lawyers that didn't like me and they said,
[39:26.400 --> 39:27.400]  well, you're not a member of the bar.
[39:27.400 --> 39:32.400]  And I said, when you show me that the bar has paid the dues on this room, I'll vacate
[39:32.400 --> 39:33.400]  it.
[39:33.400 --> 39:38.400]  But if you're using county funds, I have just as much right to be in here as you do.
[39:38.400 --> 39:45.400]  And I never was ever asked to leave again.
[39:45.400 --> 39:46.400]  Yes, sir.
[39:46.400 --> 39:47.400]  Thank you very much.
[39:47.400 --> 39:49.400]  So with that, yeah.
[39:49.400 --> 39:51.400]  Yeah, I think y'all pointed me in the right direction.
[39:51.400 --> 39:54.400]  I'm going to start with a letter writing campaign.
[39:54.400 --> 39:58.400]  Well, first thing you've got to do is find out why you're being denied access to it.
[39:58.400 --> 39:59.400]  There's also a phone number.
[39:59.400 --> 40:01.400]  You've got a phone number for it?
[40:01.400 --> 40:04.400]  So you need to go out there and let me tell you about the document that I've got.
[40:04.400 --> 40:09.400]  Just Google legal information services to the public.
[40:09.400 --> 40:15.400]  L-I-S-T public library toolkit for Georgia.
[40:15.400 --> 40:18.400]  Probably public library toolkit for Georgia.
[40:18.400 --> 40:19.400]  And you'll find it.
[40:19.400 --> 40:20.400]  It's like nine pages long.
[40:20.400 --> 40:27.400]  And as we were talking, I was scrolling through this as Randy will tell you, I can read exceedingly
[40:27.400 --> 40:28.400]  fast.
[40:28.400 --> 40:30.400]  I can't not guess at all, but I can spot stuff.
[40:30.400 --> 40:33.400]  It just jumps out of the page at me.
[40:33.400 --> 40:40.400]  And then all of a sudden, boom, there was the county law libraries.
[40:40.400 --> 40:41.400]  Perfect.
[40:41.400 --> 40:42.400]  I'm looking at it.
[40:42.400 --> 40:45.400]  I'm trying to find stuff that goes the places right now.
[40:45.400 --> 40:46.400]  Okay.
[40:46.400 --> 40:55.400]  Before you start writing the letter campaign, gather all the information first.
[40:55.400 --> 40:59.400]  Know all the answers before you start asking the questions.
[40:59.400 --> 41:02.400]  Or know what the answer should be.
[41:02.400 --> 41:03.400]  Yes.
[41:03.400 --> 41:05.400]  Before you start asking questions.
[41:05.400 --> 41:10.400]  And then when you start asking questions, you'll know when you're getting bad answers.
[41:10.400 --> 41:13.400]  And never give fair warning.
[41:13.400 --> 41:20.400]  If someone's lying to you, don't accuse them of lying to you.
[41:20.400 --> 41:26.400]  Go to someone else like a magistrate and accuse them of lying to you.
[41:26.400 --> 41:29.400]  Someone else who can hold them responsible.
[41:29.400 --> 41:35.400]  But never tell one of these people what your rights are.
[41:35.400 --> 41:37.400]  Never tell them what the law says.
[41:37.400 --> 41:43.400]  Anytime you try to give fair warning, they will always treat fair warning as a threat
[41:43.400 --> 41:46.400]  and accuse you of being agitated.
[41:46.400 --> 41:50.400]  And then they get the bailiff to come and grab you and throw you out in the street.
[41:50.400 --> 42:00.400]  So always go by yourself, date somebody else with you.
[42:00.400 --> 42:01.400]  I will try.
[42:01.400 --> 42:02.400]  Yes, sir.
[42:02.400 --> 42:04.400]  I will try to take somebody with me.
[42:04.400 --> 42:10.400]  This area is not really known for being like stand up, like Texas or anything like that.
[42:10.400 --> 42:12.400]  This is known for.
[42:12.400 --> 42:13.400]  I will do this.
[42:13.400 --> 42:18.400]  I tried to do that before, but usually people don't want to do that around here.
[42:18.400 --> 42:24.400]  They're kind of meek and mild around here, usually.
[42:24.400 --> 42:29.400]  There's nothing like meek and mild.
[42:29.400 --> 42:35.400]  It's like a rattlesnake laying in wait.
[42:35.400 --> 42:39.400]  He's meek and mild until he's ginger.
[42:39.400 --> 42:40.400]  Yes, sir.
[42:40.400 --> 42:41.400]  Yes, true.
[42:41.400 --> 42:42.400]  It is true.
[42:42.400 --> 42:44.400]  Well, I know you all got to get there, people.
[42:44.400 --> 42:48.400]  You probably think we're complimenting the bit right now to try to get some information from y'all.
[42:48.400 --> 42:50.400]  So I hate to deny them, but y'all have a good time.
[42:50.400 --> 42:51.400]  I wish y'all a good time.
[42:51.400 --> 42:52.400]  Okay.
[42:52.400 --> 42:57.400]  The next guy we got, he's a hillbilly.
[42:57.400 --> 43:01.400]  I know he's a hillbilly because he's from Georgia.
[43:01.400 --> 43:02.400]  That's right.
[43:02.400 --> 43:03.400]  Okay.
[43:03.400 --> 43:06.400]  Thank you, Eric.
[43:06.400 --> 43:09.400]  Now we're going to go to Charles in Georgia.
[43:09.400 --> 43:11.400]  Hello, Charles.
[43:11.400 --> 43:13.400]  Randy, how's it going to be?
[43:13.400 --> 43:14.400]  Oh, good.
[43:14.400 --> 43:17.400]  I don't hear the trucks in the background.
[43:17.400 --> 43:18.400]  Yeah.
[43:18.400 --> 43:19.400]  Thank God.
[43:19.400 --> 43:20.400]  Still on the road.
[43:20.400 --> 43:32.400]  I think we got cut off a little bit yesterday, and I wanted to make sure I got you about where
[43:32.400 --> 43:38.400]  I need to go, and I guess I need to enlighten everybody about Chase a little bit after
[43:38.400 --> 43:39.400]  the break.
[43:39.400 --> 43:40.400]  Yes.
[43:40.400 --> 43:43.400]  Okay.
[43:43.400 --> 43:45.400]  Here's the deal.
[43:45.400 --> 43:47.400]  Charles is a truck driver.
[43:47.400 --> 43:48.400]  He's out of Wisconsin.
[43:48.400 --> 43:49.400]  He's in Georgia.
[43:49.400 --> 43:52.400]  He pulls over on the shoulder for some reason.
[43:52.400 --> 43:54.400]  He starts to pull out.
[43:54.400 --> 43:56.400]  His trailer hangs up on the guardrail.
[43:56.400 --> 43:59.400]  You can't get it loose.
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[44:54.400 --> 45:00.400]  Visit us at CapitalCoinandBullion.com or call 512-646-640.
[45:00.400 --> 45:04.400]  Are you the plaintiff or defendant in a lawsuit?
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[46:25.400 --> 46:35.400]  I'm just here making my living pushing buttons.
[46:35.400 --> 46:45.400]  I get my message out, do anyone in the shot and distance.
[46:45.400 --> 46:57.400]  I get my message out, do anyone in the shot and distance.
[46:57.400 --> 46:59.400]  OK, we are back.
[46:59.400 --> 47:01.400]  Randy Kelton with Law Radio.
[47:01.400 --> 47:05.400]  And so much for the background noise on Charles from Georgia.
[47:05.400 --> 47:08.400]  OK, Charles.
[47:08.400 --> 47:09.400]  OK.
[47:09.400 --> 47:12.400]  It sounds like he's driving through a tornado.
[47:12.400 --> 47:15.400]  And OK, finish up his situation.
[47:15.400 --> 47:22.400]  The officer wrote him a citation and the statute says that he only has to call
[47:22.400 --> 47:29.400]  if there's over 500 damages and the citation doesn't indicate any damages.
[47:29.400 --> 47:35.400]  OK, where are we at, Charles?
[47:35.400 --> 47:37.400]  Are you still there?
[47:37.400 --> 47:39.400]  I'm still here.
[47:39.400 --> 47:46.400]  Wait a minute, do you have a headset or something on?
[47:46.400 --> 47:52.400]  Because we're getting a lot of background noise.
[47:52.400 --> 47:54.400]  Is this any better?
[47:54.400 --> 47:56.400]  Oh, yeah, that's a lot better.
[47:56.400 --> 48:00.400]  Now, one thing I'd like you to do is take the phone and beat yourself around the
[48:00.400 --> 48:08.400]  eyes in the ears for using a headset.
[48:08.400 --> 48:13.400]  Well, try to be hands-free.
[48:13.400 --> 48:17.400]  So the notice of removal.
[48:17.400 --> 48:19.400]  OK, they wrote me two letters back.
[48:19.400 --> 48:21.400]  There's probate judge.
[48:21.400 --> 48:22.400]  He wrote me two letters back.
[48:22.400 --> 48:29.400]  The first one said it was, you know, the offense took place in Georgia and
[48:29.400 --> 48:33.400]  they're going to deny that removal.
[48:33.400 --> 48:42.400]  I unwittingly just sent another notice of removal that was amended because I
[48:42.400 --> 48:47.400]  didn't add diversity to the removal.
[48:47.400 --> 48:54.400]  So once I've sent another removal and got crossed up in a mail and they sent me
[48:54.400 --> 49:01.400]  another one back saying, because it is a misdemeanor, OK, because it's a misdemeanor,
[49:01.400 --> 49:07.400]  they're still going to deny it based on diversity of citizenship.
[49:07.400 --> 49:10.400]  So I was trying to figure out what does a misdemeanor have to do with diversity
[49:10.400 --> 49:15.400]  of citizenship removal in the probate?
[49:15.400 --> 49:16.400]  This is Ken.
[49:16.400 --> 49:20.400]  First thing is, you know, we covered this last night to some extent, but the
[49:20.400 --> 49:29.400]  first question is, who is denying it, the court in Georgia or the federal court?
[49:29.400 --> 49:33.400]  The court in Georgia is denying it, but the court...
[49:33.400 --> 49:36.400]  Oh, they don't have any say over this.
[49:36.400 --> 49:41.400]  If you've given them a notice of removal and they can make an argument that it
[49:41.400 --> 49:45.400]  can't be removed, but the only people that can make a ruling on that is the
[49:45.400 --> 49:47.400]  federal court, right, Randy?
[49:47.400 --> 49:48.400]  Yes.
[49:48.400 --> 49:51.400]  Did you file with the federal court?
[49:51.400 --> 49:55.400]  I did file with the federal court and I haven't gotten anything back from them.
[49:55.400 --> 50:00.400]  They're waiting on the lower court to send them the...
[50:00.400 --> 50:04.400]  This is good.
[50:04.400 --> 50:09.400]  And Ken, I wouldn't have stopped to ask that question.
[50:09.400 --> 50:13.400]  I just assumed he was talking about the federal court.
[50:13.400 --> 50:15.400]  That was a nice test.
[50:15.400 --> 50:17.400]  Yep, that's what I said.
[50:17.400 --> 50:27.400]  You file criminally against the judge and you might call the FBI just for yucks and
[50:27.400 --> 50:36.400]  tell them that you filed a removal and the local judge is denying your removal
[50:36.400 --> 50:39.400]  and you want to charge him with the official mis...
[50:39.400 --> 50:45.400]  official oppression or official misconduct, 18 U.S. code 242.
[50:45.400 --> 50:46.400]  Okay.
[50:46.400 --> 50:49.400]  I don't get them excited.
[50:49.400 --> 50:50.400]  Okay.
[50:50.400 --> 50:55.400]  Maybe you couldn't understand me because of all the background noise from the...
[50:55.400 --> 50:57.400]  From the headset.
[50:57.400 --> 50:59.400]  You weren't clear.
[50:59.400 --> 51:01.400]  Just be glad Deborah wasn't on.
[51:01.400 --> 51:04.400]  She would still be chewing on you.
[51:04.400 --> 51:05.400]  Oh, man.
[51:05.400 --> 51:06.400]  So, okay.
[51:06.400 --> 51:12.400]  So, because I've sent that removal and I was to the Eastern District, which is the
[51:12.400 --> 51:17.400]  district, U.S. District Court in Michigan, like I said, I haven't heard anything back
[51:17.400 --> 51:18.400]  from them.
[51:18.400 --> 51:21.400]  I haven't gotten a letter or response back from them.
[51:21.400 --> 51:25.400]  So, should I be calling them on Monday to ask them, you know, what's the status?
[51:25.400 --> 51:37.400]  You might file a motion with the federal court for a written mandamus to order the local
[51:37.400 --> 51:43.400]  Georgia court to forward the records to them.
[51:43.400 --> 51:49.400]  And notice the federal court that the Georgia court has denied your removal.
[51:49.400 --> 51:57.400]  Regardless of whether you have grounds or not, the federal court's not likely to be happy.
[51:57.400 --> 52:01.400]  Let me give you the favorite case law on this issue.
[52:01.400 --> 52:09.400]  Guy in North Carolina, black guy goes in white bar, gets in fight, kills white guy.
[52:09.400 --> 52:11.400]  He's prosecuted.
[52:11.400 --> 52:13.400]  They picked the jury ready for trial.
[52:13.400 --> 52:16.400]  The guy files a notice of removal.
[52:16.400 --> 52:24.400]  The trial court, since they already got the jury picked, they go ahead and have the trial.
[52:24.400 --> 52:31.400]  The federal court gets the notice of removal and denies it the next day and sends it back.
[52:31.400 --> 52:40.400]  But since there was a removal and the trial court continued, they got a conviction.
[52:40.400 --> 52:41.400]  They threw it all out.
[52:41.400 --> 52:47.400]  The court had to start all over again because jurisdiction was interrupted when the removal
[52:47.400 --> 52:50.400]  was filed.
[52:50.400 --> 52:54.400]  So they sent it back the next day.
[52:54.400 --> 52:56.400]  It didn't matter.
[52:56.400 --> 53:12.400]  So you might notice the federal court that the Georgia court is not impressed with a bunch of Yankee federal judges.
[53:12.400 --> 53:21.400]  I'm going to put a voice of reason in here.
[53:21.400 --> 53:23.400]  You're going to end up back there anyway.
[53:23.400 --> 53:29.400]  You need to resolve this issue by finding a way to just file a motion to dismiss and
[53:29.400 --> 53:34.400]  file an affidavit indicating that they have no jurisdiction since no crime was committed
[53:34.400 --> 53:39.400]  based on that story requirement of the crime.
[53:39.400 --> 53:45.400]  Motion to dismiss for breach of due process.
[53:45.400 --> 53:54.400]  They breach due federal due process when they attempted to deny a notice of removal to the federal court.
[53:54.400 --> 53:55.400]  Right.
[53:55.400 --> 53:59.400]  Now, technically, I'm going to tell you what judges could do if they turn around and found
[53:59.400 --> 54:06.400]  that he frivolously moved it to federal court and knew or had knowledge that it could not be removed.
[54:06.400 --> 54:09.400]  They quit sanctioning you for doing that.
[54:09.400 --> 54:14.400]  I don't think they can.
[54:14.400 --> 54:20.400]  The federal court may be able to sanction him, but not the state court.
[54:20.400 --> 54:21.400]  This is not about the state court.
[54:21.400 --> 54:23.400]  This is about the federal court.
[54:23.400 --> 54:24.400]  No, no, no.
[54:24.400 --> 54:29.400]  I understand that they can't move forward until the federal court makes a determination.
[54:29.400 --> 54:35.400]  But once they do make the determination, he's got a frivolous notice.
[54:35.400 --> 54:38.400]  But that's not the business of the state court.
[54:38.400 --> 54:39.400]  That's the business.
[54:39.400 --> 54:41.400]  He didn't send it to the state court.
[54:41.400 --> 54:42.400]  He sent it to the federal court.
[54:42.400 --> 54:45.400]  The federal court wants to file sanctions again.
[54:45.400 --> 54:51.400]  He sent the notice to the state court in order to delay the process.
[54:51.400 --> 54:54.400]  I don't think they can get there.
[54:54.400 --> 54:56.400]  I'm concerned.
[54:56.400 --> 55:00.400]  The federal court would have to determine that it's frivolous.
[55:00.400 --> 55:01.400]  The state court could...
[55:01.400 --> 55:12.400]  No, no, no, lack of jurisdiction and the determination of lack of jurisdiction is a de facto determination that it was frivolous or without merit.
[55:12.400 --> 55:14.400]  And it was done for the purpose of delay.
[55:14.400 --> 55:18.400]  They'd still have to have a hearing on the issue in state court.
[55:18.400 --> 55:29.400]  We've had a bunch of guys file removals and we generally do it in a foreclosure case and in an eviction case.
[55:29.400 --> 55:32.400]  But the jurisdiction really is there.
[55:32.400 --> 55:39.400]  The courts have always kicked it back, but there's never been a peep about sanctions for frivolous traffic.
[55:39.400 --> 55:44.400]  Because technically they've thrown it out and they didn't have reason to do so.
[55:44.400 --> 55:47.400]  The jurisdiction really didn't exist.
[55:47.400 --> 56:07.400]  That's in a civil case and that's if you had filed a motion indicating that the removal by the other companies, by the attorneys to the mortgage company had filed frivolous pleadings in the local court in order to delay, you would have gotten sanctions.
[56:07.400 --> 56:08.400]  But you've got to ask for them.
[56:08.400 --> 56:16.400]  The court's not going to do it on its own volition in a civil case, but in a criminal case for the purpose of delay, they might do that.
[56:16.400 --> 56:22.400]  Now, because he's not a lawyer, they probably won't because you go, I didn't know.
[56:22.400 --> 56:24.400]  I thought I had a reason.
[56:24.400 --> 56:25.400]  I live in Wisconsin.
[56:25.400 --> 56:26.400]  That's a good reason.
[56:26.400 --> 56:32.400]  You know, the court now then tells me and I've been informed, so you didn't do it knowingly in advance.
[56:32.400 --> 56:38.400]  You did it after the fact and found out that maybe they didn't have jurisdiction.
[56:38.400 --> 56:47.400]  But I'm just warning people that you can't just do it in order to procrastinate because there could be ramification.
[56:47.400 --> 56:48.400]  Okay.
[56:48.400 --> 56:49.400]  That was never my intention.
[56:49.400 --> 56:54.400]  My intention was to adjudicate this in a favorable way.
[56:54.400 --> 56:55.400]  Right.
[56:55.400 --> 56:56.400]  It's going to favor me.
[56:56.400 --> 56:57.400]  Right.
[56:57.400 --> 56:58.400]  I understand.
[56:58.400 --> 57:13.400]  So what I'm saying is ultimately going to end up back there, so like I was saying yesterday, the idea is to file a motion for extension of time in order to file affirmative leadings, affirmative defensive leadings.
[57:13.400 --> 57:17.400]  You need 30 days.
[57:17.400 --> 57:18.400]  Okay.
[57:18.400 --> 57:29.400]  All I'm saying is, there's no sense in getting all wound up about this jurisdictional question when all it bodies you is a few days, but it also costs you a whole bunch of work.
[57:29.400 --> 57:35.400]  It also got you, but this also got you a due process violation.
[57:35.400 --> 57:36.400]  Right.
[57:36.400 --> 57:44.400]  Well, again, I don't think this would go to a federal due process violation.
[57:44.400 --> 57:48.400]  It doesn't make any difference if the filing is frivolous or not.
[57:48.400 --> 57:52.400]  When he files a removal, he doesn't file a motion for removal.
[57:52.400 --> 57:53.400]  He removes.
[57:53.400 --> 58:00.400]  And once he's removed, that state court has no part of these things, but what the feds tell him to.
[58:00.400 --> 58:03.400]  And when they did, they denied him due process.
[58:03.400 --> 58:04.400]  Right.
[58:04.400 --> 58:06.400]  And it's a federal due process.
[58:06.400 --> 58:08.400]  It's about politics.
[58:08.400 --> 58:13.400]  You get leverage to give them a reason to want to make this thing go away.
[58:13.400 --> 58:18.400]  I think they'll want to make it go away if he has a settling pleading dismissive based on that there's.
[58:18.400 --> 58:20.400]  That's a saying.
[58:20.400 --> 58:21.400]  Okay.
[58:21.400 --> 58:25.400]  I'm going to pick the one that they might rule on in my favor and forget all the rest.
[58:25.400 --> 58:31.400]  No, I'm just saying I'm just a warning about ramifications.
[58:31.400 --> 58:32.400]  All right.
[58:32.400 --> 58:33.400]  That's all.
[58:33.400 --> 58:34.400]  Okay.
[58:34.400 --> 58:36.400]  I'm not talking about what you can actually get adjudicated.
[58:36.400 --> 58:37.400]  It ain't about that.
[58:37.400 --> 58:39.400]  It never is about that.
[58:39.400 --> 58:41.400]  It's always about the politics.
[58:41.400 --> 58:43.400]  Hang on.
[58:43.400 --> 59:12.400]  We'll be right back.
[59:13.400 --> 59:39.400]  We'll be right back.
[59:39.400 --> 59:46.400]  We'll be right back.
[01:00:09.400 --> 01:00:16.400]  We'll be right back.
[01:00:39.400 --> 01:00:55.400]  We'll be right back.
[01:00:55.400 --> 01:01:23.400]  We'll be right back.
[01:01:23.400 --> 01:01:38.400]  We'll be right back.
[01:01:38.400 --> 01:02:05.400]  We'll be right back.
[01:02:05.400 --> 01:02:31.400]  We'll be right back.
[01:02:31.400 --> 01:03:00.400]  We'll be right back.
[01:03:00.400 --> 01:03:19.400]  We'll be right back.
[01:03:19.400 --> 01:03:20.400]  Okay.
[01:03:20.400 --> 01:03:21.400]  We are back.
[01:03:21.400 --> 01:03:26.400]  Randy Calton, Rula La Radio here with our special guest, Ken Magnuson, and we're talking
[01:03:26.400 --> 01:03:28.400]  to Charles in Georgia.
[01:03:28.400 --> 01:03:33.400]  Okay, Charles, where were we?
[01:03:33.400 --> 01:03:38.400]  We were having fun at the court's expense.
[01:03:38.400 --> 01:03:41.400]  And Ken did make a good point.
[01:03:41.400 --> 01:03:45.400]  I don't like frivolous pleadings.
[01:03:45.400 --> 01:03:52.400]  And one thing I did forget about is for the federal court to have jurisdiction, the controversy
[01:03:52.400 --> 01:03:58.400]  has to be in excess of $75,000, or it has to go to a federal issue.
[01:03:58.400 --> 01:04:09.400]  But legitimately, Charles is in interstate commerce, and he's not from Georgia.
[01:04:09.400 --> 01:04:14.400]  He's just traveling in interstate commerce through Georgia.
[01:04:14.400 --> 01:04:18.400]  Legitimate issue.
[01:04:18.400 --> 01:04:21.400]  Yep.
[01:04:21.400 --> 01:04:22.400]  Yep.
[01:04:22.400 --> 01:04:24.400]  And I live in Michigan.
[01:04:24.400 --> 01:04:35.400]  And I was wondering about the $75,000 issue, does that matter if we're talking about a
[01:04:35.400 --> 01:04:43.400]  criminal, as they put it in, as Judge put it in this letter, upon the court receiving
[01:04:43.400 --> 01:04:49.400]  an amendment notice of removal under diversity of citizenship, the court takes judicial
[01:04:49.400 --> 01:04:54.400]  notice that defendant is cited for a misdemeanor offense.
[01:04:54.400 --> 01:05:00.400]  Therefore, the request of removal is denied.
[01:05:00.400 --> 01:05:01.400]  Ken?
[01:05:01.400 --> 01:05:03.400]  Yeah, I'm not sure.
[01:05:03.400 --> 01:05:07.400]  I'm not sure that there's any removal on a criminal issue.
[01:05:07.400 --> 01:05:15.400]  If this was a civil issue and somebody was trying to sue you, you know, then the idea
[01:05:15.400 --> 01:05:21.400]  is that the federal courts were there to keep the local courts from doing what everybody
[01:05:21.400 --> 01:05:27.400]  does movie themes on, which is the town that arrests every truck driver that drives through
[01:05:27.400 --> 01:05:30.400]  and impounds their rigs.
[01:05:30.400 --> 01:05:33.400]  And I think truck north didn't move like that.
[01:05:33.400 --> 01:05:38.400]  But in any event, I'm not sure that it applies in criminal cases.
[01:05:38.400 --> 01:05:44.400]  This is an area that I don't have the expertise to really answer.
[01:05:44.400 --> 01:05:52.400]  So that is a good point because I'm not sure either because I normally don't do removals
[01:05:52.400 --> 01:05:53.400]  in criminal.
[01:05:53.400 --> 01:05:55.400]  It's not that I choose that.
[01:05:55.400 --> 01:05:56.400]  It's just I don't get them.
[01:05:56.400 --> 01:06:04.400]  When I get to the federal court on criminal, I generally go there with a due process violation.
[01:06:04.400 --> 01:06:13.400]  But that would still leave the state with the exclusive jurisdiction to prosecute a crime
[01:06:13.400 --> 01:06:14.400]  within the state.
[01:06:14.400 --> 01:06:15.400]  Right.
[01:06:15.400 --> 01:06:16.400]  Which is why.
[01:06:16.400 --> 01:06:27.400]  But then again, Charles was charged with a transportation violation.
[01:06:27.400 --> 01:06:38.400]  It's a business violation and he is in United State commerce.
[01:06:38.400 --> 01:06:43.400]  Well, you say it's business, but does it total in Georgia call it a misdemeanor?
[01:06:43.400 --> 01:06:47.400]  If they call it a class B misdemeanor, it's a crime.
[01:06:47.400 --> 01:06:50.400]  Whether or not we think it should be is not the point.
[01:06:50.400 --> 01:06:57.400]  Yeah, and that wasn't about whether it should be or shouldn't be the interstate commerce
[01:06:57.400 --> 01:07:05.400]  because the feds have sure taken some serious liberties with interstate commerce.
[01:07:05.400 --> 01:07:15.400]  In California, when they approved the sale of marijuana in the state, the feds came in
[01:07:15.400 --> 01:07:22.400]  and closed them down claiming that it is possible for these guys to sell this marijuana and they
[01:07:22.400 --> 01:07:24.400]  will take it across state lines.
[01:07:24.400 --> 01:07:30.400]  There was no evidence that anybody did that, but because it was possible to do that, they
[01:07:30.400 --> 01:07:35.400]  came in and shut them down.
[01:07:35.400 --> 01:07:40.400]  So we ought to be able to take just as far as stretching the other direction.
[01:07:40.400 --> 01:07:46.400]  Anyway, but this is a really easy situation.
[01:07:46.400 --> 01:07:48.400]  I'm looking right now.
[01:07:48.400 --> 01:07:54.400]  There is some code that allows for removal, procedure for removal of criminal prosecutions.
[01:07:54.400 --> 01:08:01.400]  And I'm not finding it.
[01:08:01.400 --> 01:08:04.400]  It still says 30 days after the arraignment.
[01:08:04.400 --> 01:08:10.400]  There's no arraignment in this case.
[01:08:10.400 --> 01:08:19.400]  I think there is a grounds of the removal.
[01:08:19.400 --> 01:08:23.400]  So I'm not sure what it is.
[01:08:23.400 --> 01:08:34.400]  Okay, Charles, look that up and we can address that next week once we've had time to research this out.
[01:08:34.400 --> 01:08:36.400]  Okay, no problem.
[01:08:36.400 --> 01:08:37.400]  One more question.
[01:08:37.400 --> 01:08:40.400]  Don't worry about that.
[01:08:40.400 --> 01:08:45.400]  I would like to, like you said, file this motion for dismissal.
[01:08:45.400 --> 01:08:52.400]  But in this court, it appears that they do demers under OCGA 17-7-11.
[01:08:52.400 --> 01:08:54.400]  No, no, no, that's different.
[01:08:54.400 --> 01:08:57.400]  A demurrer is like an answer.
[01:08:57.400 --> 01:09:02.400]  It's where you deny the charges.
[01:09:02.400 --> 01:09:07.400]  A motion for dismissal is something different.
[01:09:07.400 --> 01:09:11.400]  Unless they have a special meaning for demurrer.
[01:09:11.400 --> 01:09:17.400]  But demurrer generally means, like in California, when you file a demurrer,
[01:09:17.400 --> 01:09:22.400]  it's like a motion to dismiss for a failure to state a claim.
[01:09:22.400 --> 01:09:28.400]  You deny all of the claims and state that there's no cause,
[01:09:28.400 --> 01:09:32.400]  no claim, no viable claim against you.
[01:09:32.400 --> 01:09:35.400]  It's essentially like an answer.
[01:09:35.400 --> 01:09:36.400]  This is separate.
[01:09:36.400 --> 01:09:41.400]  This is a motion to dismiss based on due process claims.
[01:09:41.400 --> 01:09:42.400]  Okay, I'm sorry.
[01:09:42.400 --> 01:09:44.400]  Maybe I spoke out of turn.
[01:09:44.400 --> 01:09:48.400]  Read what it says about demurrer.
[01:09:48.400 --> 01:09:53.400]  Yeah, I'm going to tell you, some states have eliminated demurrer.
[01:09:53.400 --> 01:09:59.400]  There are no demurrer pleadings in Texas any longer.
[01:09:59.400 --> 01:10:04.400]  Yeah, so what does it say in Georgia about what a demurrer is?
[01:10:04.400 --> 01:10:10.400]  17-7-11 says, if the defendant, upon being arraigned,
[01:10:10.400 --> 01:10:14.400]  demurs to the indictment, plead to the jurisdiction of the court,
[01:10:14.400 --> 01:10:19.400]  plead in abatement, or enters any other special plea in bar,
[01:10:19.400 --> 01:10:22.400]  the demurrer or plead shall be made in writing.
[01:10:22.400 --> 01:10:25.400]  If the demurrer or plead is decided against the defendant,
[01:10:25.400 --> 01:10:32.400]  he may nevertheless plead and rely on the general issue of not.
[01:10:32.400 --> 01:10:37.400]  Okay, we need to look up what demurrer is.
[01:10:37.400 --> 01:10:42.400]  It's an affirmative pleading.
[01:10:42.400 --> 01:10:45.400]  Explain affirmative pleading.
[01:10:45.400 --> 01:10:51.400]  Meaning that there's some sort of affirmative plea that shows pleading.
[01:10:51.400 --> 01:10:56.400]  If the defendant essentially goes to the issue of the actual charge,
[01:10:56.400 --> 01:10:58.400]  you got the wrong person.
[01:10:58.400 --> 01:11:00.400]  You charged me with the wrong crime.
[01:11:00.400 --> 01:11:02.400]  The crime never occurred.
[01:11:02.400 --> 01:11:06.400]  The definition of what you said the crime is doesn't mean that...
[01:11:06.400 --> 01:11:09.400]  They listed special appearance.
[01:11:09.400 --> 01:11:10.400]  Yes.
[01:11:10.400 --> 01:11:16.400]  So demurrer sounded like it was something else.
[01:11:16.400 --> 01:11:21.400]  Read that again because it listed a number of things there.
[01:11:21.400 --> 01:11:24.400]  Okay, if the defendant, upon being arraigned,
[01:11:24.400 --> 01:11:29.400]  demurs to the indictment, plead to the jurisdiction of the court,
[01:11:29.400 --> 01:11:35.400]  plead in abatement, or re-enters any special plea in bar,
[01:11:35.400 --> 01:11:39.400]  the demurrer or plead shall be made in writing.
[01:11:39.400 --> 01:11:43.400]  If the demurrer or plead is decided against the defendant,
[01:11:43.400 --> 01:11:50.400]  he may nevertheless plead and may rely on the general issue of not guilty.
[01:11:50.400 --> 01:11:56.400]  Okay, I'm going to guess that a demurrer to the indictment
[01:11:56.400 --> 01:12:00.400]  is a challenge to the sufficiency of the complaint against you.
[01:12:00.400 --> 01:12:02.400]  But I'm not sure what they mean by demurrer.
[01:12:02.400 --> 01:12:03.400]  Okay.
[01:12:03.400 --> 01:12:08.400]  In demurrer, I just looked it up, raised it down to objections.
[01:12:08.400 --> 01:12:12.400]  Normally, it would be an acceptance to challenge,
[01:12:12.400 --> 01:12:17.400]  objection, take exception, protest, civil dissent,
[01:12:17.400 --> 01:12:21.400]  and that's basically what the definition is.
[01:12:21.400 --> 01:12:22.400]  Now, I didn't go out and look at it.
[01:12:22.400 --> 01:12:24.400]  It's black's logic.
[01:12:24.400 --> 01:12:25.400]  But it's an objection.
[01:12:25.400 --> 01:12:27.400]  They just call it a demurrer.
[01:12:27.400 --> 01:12:31.400]  But it's an objection on specific grounds.
[01:12:31.400 --> 01:12:32.400]  And the grounds can be any number.
[01:12:32.400 --> 01:12:40.400]  All that rule that he read was that they have to be in writing.
[01:12:40.400 --> 01:12:41.400]  Okay.
[01:12:41.400 --> 01:12:43.400]  That was the only reference to it.
[01:12:43.400 --> 01:12:44.400]  Okay.
[01:12:44.400 --> 01:12:47.400]  You can't make any of those pleas verbally.
[01:12:47.400 --> 01:12:48.400]  Right.
[01:12:48.400 --> 01:12:51.400]  You got into it in writing.
[01:12:51.400 --> 01:12:54.400]  Have you filed a demurrer?
[01:12:54.400 --> 01:12:55.400]  I have not.
[01:12:55.400 --> 01:12:59.400]  I have written a demurrer, but I haven't filed the demurrer yet
[01:12:59.400 --> 01:13:02.400]  because of the removal.
[01:13:02.400 --> 01:13:03.400]  The removal.
[01:13:03.400 --> 01:13:04.400]  Okay.
[01:13:04.400 --> 01:13:05.400]  I will be filed.
[01:13:05.400 --> 01:13:06.400]  Yeah.
[01:13:06.400 --> 01:13:10.400]  Well, there's still a question about that removal.
[01:13:10.400 --> 01:13:17.400]  The court can't have jurisdiction as long as the federal court has not
[01:13:17.400 --> 01:13:23.400]  denied the removal or remanded it.
[01:13:23.400 --> 01:13:29.400]  I came across the more, I did come across removals under criminal cases or even other
[01:13:29.400 --> 01:13:32.400]  cases where criminal cases can be moved to.
[01:13:32.400 --> 01:13:38.400]  And this was on a Texas district accounting attorney's association website.
[01:13:38.400 --> 01:13:40.400]  And it's a blog.
[01:13:40.400 --> 01:13:47.400]  But anyway, they said under Texas, I mean under 28 USC 1440, you can remove the federal
[01:13:47.400 --> 01:13:50.400]  court, but this is on civil rights violations.
[01:13:50.400 --> 01:13:55.400]  So if you cannot get in again, and they're indicating that stems from racist
[01:13:55.400 --> 01:14:00.400]  state's laws or courts.
[01:14:00.400 --> 01:14:05.400]  So Georgia definitely fits into that category.
[01:14:05.400 --> 01:14:07.400]  The racist state.
[01:14:07.400 --> 01:14:13.400]  Charles, are you black, brown or green?
[01:14:13.400 --> 01:14:16.400]  Black is the ace of things.
[01:14:16.400 --> 01:14:17.400]  Okay.
[01:14:17.400 --> 01:14:24.400]  Charles, tell me you did not have the terminity to drive in the state of Georgia
[01:14:24.400 --> 01:14:29.400]  while you were black.
[01:14:29.400 --> 01:14:32.400]  You're on a heap of trouble.
[01:14:32.400 --> 01:14:33.400]  Boy.
[01:14:33.400 --> 01:14:34.400]  Yeah.
[01:14:34.400 --> 01:14:37.400]  That would be, that might be a good claim.
[01:14:37.400 --> 01:14:46.400]  Did you, okay, did the prosecutor file an opposition to the removal?
[01:14:46.400 --> 01:14:49.400]  No, this was, no.
[01:14:49.400 --> 01:14:54.400]  How long, how long has it been?
[01:14:54.400 --> 01:15:03.400]  Well, I filed this February the 26th when we, when we talked about it.
[01:15:03.400 --> 01:15:06.400]  March, it's too late.
[01:15:06.400 --> 01:15:08.400]  It's in the federal court.
[01:15:08.400 --> 01:15:12.400]  They can't file an opposition now.
[01:15:12.400 --> 01:15:17.400]  Well, I need to call and find out if it's in the federal court because they haven't,
[01:15:17.400 --> 01:15:19.400]  I haven't gotten a list.
[01:15:19.400 --> 01:15:20.400]  Yeah.
[01:15:20.400 --> 01:15:21.400]  Contact the federal court.
[01:15:21.400 --> 01:15:22.400]  Don't talk to Georgia.
[01:15:22.400 --> 01:15:24.400]  You filed a removal.
[01:15:24.400 --> 01:15:30.400]  If they thought it was, if they thought it was frivolous, they had to file an
[01:15:30.400 --> 01:15:34.400]  motion to remand within 30 days.
[01:15:34.400 --> 01:15:39.400]  He needs to get a PACER account with that federal court so he can get notices from
[01:15:39.400 --> 01:15:40.400]  the court.
[01:15:40.400 --> 01:15:44.400]  If he doesn't have a PACER account, he won't know what's filed and what's not filed
[01:15:44.400 --> 01:15:46.400]  or what's ruled on and what's not ruled on.
[01:15:46.400 --> 01:15:48.400]  They're not going to mail him anything.
[01:15:48.400 --> 01:15:52.400]  It's all on PACER.
[01:15:52.400 --> 01:15:53.400]  Okay.
[01:15:53.400 --> 01:15:55.400]  You got that, Charles?
[01:15:55.400 --> 01:15:56.400]  PACER.
[01:15:56.400 --> 01:15:57.400]  Okay.
[01:15:57.400 --> 01:15:58.400]  So I can't just call it.
[01:15:58.400 --> 01:16:03.400]  But you could call up and they might answer your question, but you need to go out and
[01:16:03.400 --> 01:16:07.400]  look online and find out about how to get on the PACER.
[01:16:07.400 --> 01:16:11.400]  You know, even as long as you don't go out there, you've got to understand that PACER
[01:16:11.400 --> 01:16:16.400]  charges, when you view a document, now they generally won't charge you if you just view
[01:16:16.400 --> 01:16:17.400]  a document here or there.
[01:16:17.400 --> 01:16:20.400]  But if it's your document, they won't charge you at all.
[01:16:20.400 --> 01:16:24.400]  But if you go out and look around at other stuff, be aware that they're trying to charge
[01:16:24.400 --> 01:16:26.400]  you like, I think it's $10,000.
[01:16:26.400 --> 01:16:34.400]  $10,000 a page and they don't bill you unless you use like so much, I think, $10 or $15
[01:16:34.400 --> 01:16:36.400]  in a month's time.
[01:16:36.400 --> 01:16:38.400]  Hang on, we're about to go to break.
[01:16:38.400 --> 01:16:44.400]  Randy Kelton, Rue La Radio, our call-in number, 512-646-1984.
[01:16:44.400 --> 01:16:52.400]  It's a good time to go to Logos Radio Network and check out all the stuff we've got available
[01:16:52.400 --> 01:16:55.400]  for you, so help support this network.
[01:16:55.400 --> 01:17:21.400]  We'll be right back.
[01:17:21.400 --> 01:17:33.400]  Well, I'm glad you asked.
[01:17:33.400 --> 01:18:00.400]  Thank you so much.
[01:18:00.400 --> 01:18:26.400]  Thank you.
[01:18:26.400 --> 01:18:52.400]  Thank you.
[01:18:52.400 --> 01:19:14.400]  Thank you.
[01:19:14.400 --> 01:19:41.400]  Thank you.
[01:19:41.400 --> 01:20:09.400]  Thank you.
[01:20:09.400 --> 01:20:22.400]  Thank you.
[01:20:22.400 --> 01:20:24.400]  Okay, we are back.
[01:20:24.400 --> 01:20:29.400]  Randy Kelton, Rue La Radio, here with our special guest in Magnuson, and we're talking to Charles
[01:20:29.400 --> 01:20:30.400]  in Georgia.
[01:20:30.400 --> 01:20:32.400]  We do need to move along, Charles.
[01:20:32.400 --> 01:20:33.400]  Oh, no, we don't.
[01:20:33.400 --> 01:20:35.400]  We've got Tim and Sandra.
[01:20:35.400 --> 01:20:41.400]  Hang on, Charles, because we were talking on the break.
[01:20:41.400 --> 01:20:42.400]  Let me go ahead with you.
[01:20:42.400 --> 01:20:46.400]  We'll try Sandra again.
[01:20:46.400 --> 01:20:55.400]  Without regard to the validity of your removal, in fact, you do not file a request for a removal.
[01:20:55.400 --> 01:21:00.400]  You, as a citizen, have the power to remove.
[01:21:00.400 --> 01:21:06.400]  When you gave notice to the state court, that was not a request.
[01:21:06.400 --> 01:21:08.400]  You're not asking for their opinion.
[01:21:08.400 --> 01:21:16.400]  You notice them that it was removed and the state had 30 days in which to file a motion to remand.
[01:21:16.400 --> 01:21:18.400]  And they failed to do so.
[01:21:18.400 --> 01:21:35.400]  And I just read the case law on assertions of fact not pled in the alternative and the live pleadings of a party are regarded as formal judicial admissions.
[01:21:35.400 --> 01:21:46.400]  So the state of Georgia has admitted, judicially admitted that your removal was valid.
[01:21:46.400 --> 01:21:51.400]  Now, they can't, they're collaterally stopped from raising an argument with the federal court.
[01:21:51.400 --> 01:21:57.400]  Now, it's up to the federal court to decide whether you had grounds to remove or not.
[01:21:57.400 --> 01:22:01.400]  They can remove it without a motion to remand.
[01:22:01.400 --> 01:22:09.400]  But in the meantime, the state court has zero jurisdiction.
[01:22:09.400 --> 01:22:21.400]  And if they attempt exert or purport to exert an authority they do not explicitly have, that's a due process violation that will certainly bring them to the federal court.
[01:22:21.400 --> 01:22:30.400]  Okay, so should I just hold that card in my back pocket and show up in this court on February, I mean, on the third here?
[01:22:30.400 --> 01:22:32.400]  Ah, you should.
[01:22:32.400 --> 01:22:37.400]  If it's okay with you, are you going to be in the area anyway?
[01:22:37.400 --> 01:22:39.400]  Yeah.
[01:22:39.400 --> 01:22:41.400]  Oh, yeah, then absolutely.
[01:22:41.400 --> 01:22:43.400]  Okay.
[01:22:43.400 --> 01:22:45.400]  You don't have to give them fair warning.
[01:22:45.400 --> 01:22:54.400]  Let them hold a court case when the issue is removed. Oh, wonderful.
[01:22:54.400 --> 01:22:56.400]  Now you get a federal claim against them.
[01:22:56.400 --> 01:23:06.400]  You had to go all the way from Michigan, all the way to Georgia to attend this hearing that they didn't have authority to hold.
[01:23:06.400 --> 01:23:11.400]  What was the case law on that that you read?
[01:23:11.400 --> 01:23:14.400]  I wanted to write that down so I could study it.
[01:23:14.400 --> 01:23:20.400]  This one is a Texas case, but you can run this one.
[01:23:20.400 --> 01:23:29.400]  The case is Houston First American Savings versus Music, M-U-S-I-C-K.
[01:23:29.400 --> 01:23:37.400]  650, Southwest 2-D, 764.
[01:23:37.400 --> 01:23:45.400]  And then another one is Peck v. Peck 172, Southwest 3-D, 26.
[01:23:45.400 --> 01:23:57.400]  That one says a judicially admitted fact is established as a matter of law and the admitting party may not dispute it or introduce evidence contrary to it.
[01:23:57.400 --> 01:24:07.400]  What you do is you run Houston First American Savings v. M-U-S-I-C, 635, Southwest 2-D, 764.
[01:24:07.400 --> 01:24:09.400]  Space, Georgia.
[01:24:09.400 --> 01:24:17.400]  And see if you get a case where somebody in Georgia has cited this.
[01:24:17.400 --> 01:24:32.400]  Or if you don't get one, then just run this case and see if you find a federal case that cited this or some authority that you can bring back to Georgia.
[01:24:32.400 --> 01:24:33.400]  Okay.
[01:24:33.400 --> 01:24:35.400]  Run Peck v. Peck the same way.
[01:24:35.400 --> 01:24:46.400]  Send me an email, RandyOttawaRadio.com, and I will send this section of this motion to you with these sites in it.
[01:24:46.400 --> 01:24:47.400]  Okay.
[01:24:47.400 --> 01:24:48.400]  All right.
[01:24:48.400 --> 01:24:56.400]  Over the break, I sent you an email with my facts, with my facts of the case.
[01:24:56.400 --> 01:24:59.400]  So you could just reply to that.
[01:24:59.400 --> 01:25:00.400]  Okay.
[01:25:00.400 --> 01:25:01.400]  That'll be fine.
[01:25:01.400 --> 01:25:02.400]  Okay.
[01:25:02.400 --> 01:25:03.400]  I'll respond to that.
[01:25:03.400 --> 01:25:04.400]  Okay.
[01:25:04.400 --> 01:25:16.400]  This can, one last comment is I haven't found the actual statute yet, but I've found some references to sanctions against attorneys for frivolous removal.
[01:25:16.400 --> 01:25:24.400]  So if the statute, if a code exists for it, the question is, is it applicable to anybody but attorneys?
[01:25:24.400 --> 01:25:25.400]  Hmm.
[01:25:25.400 --> 01:25:26.400]  I don't know.
[01:25:26.400 --> 01:25:30.400]  But there is such statute.
[01:25:30.400 --> 01:25:38.400]  And it may be that the federal courts are required to give deference to, to prosaic litigants.
[01:25:38.400 --> 01:25:40.400]  The state courts don't have that.
[01:25:40.400 --> 01:25:41.400]  The feds do.
[01:25:41.400 --> 01:25:46.400]  And that may be the reason they're not sanctioning process.
[01:25:46.400 --> 01:25:48.400]  Well, you hear,
[01:25:48.400 --> 01:25:52.400]  Yeah, still they won't sanction process in the civil matter.
[01:25:52.400 --> 01:25:55.400]  Let me add, they're both inside files of motion.
[01:25:55.400 --> 01:25:56.400]  Yeah.
[01:25:56.400 --> 01:25:57.400]  And the other side.
[01:25:57.400 --> 01:25:59.400]  Judges, judges couldn't do it.
[01:25:59.400 --> 01:26:02.400]  They can, they can do it based on their inherent power of the court.
[01:26:02.400 --> 01:26:07.400]  They could do it to respond to if they wanted to, but they generally don't.
[01:26:07.400 --> 01:26:08.400]  Yeah.
[01:26:08.400 --> 01:26:13.400]  Let me, I'm going to offer some conjecture here.
[01:26:13.400 --> 01:26:28.400]  I am going to bet that the Trump prosecutor in the state court has never had a removal of this type before and had no idea what to do with it.
[01:26:28.400 --> 01:26:36.400]  And you would think that lawyers, you know, they know a whole lot more than that, but they don't.
[01:26:36.400 --> 01:26:39.400]  They do really stupid stuff.
[01:26:39.400 --> 01:26:42.400]  And this sounds really stupid.
[01:26:42.400 --> 01:26:44.400]  I don't want to, I just want to interject real quick.
[01:26:44.400 --> 01:26:51.400]  The person who responded to this was the judge of the probate court.
[01:26:51.400 --> 01:26:52.400]  Not the prosecutor.
[01:26:52.400 --> 01:26:57.400]  The prosecutor did not write me back.
[01:26:57.400 --> 01:27:00.400]  But that is odd.
[01:27:00.400 --> 01:27:02.400]  He's got to know better.
[01:27:02.400 --> 01:27:05.400]  I would think he would know better.
[01:27:05.400 --> 01:27:10.400]  I think it's a bluff.
[01:27:10.400 --> 01:27:12.400]  You think so, huh?
[01:27:12.400 --> 01:27:18.400]  I think he wants to make him think he has to be down there so it'll go.
[01:27:18.400 --> 01:27:19.400]  And that's good.
[01:27:19.400 --> 01:27:24.400]  That makes it a abusive process.
[01:27:24.400 --> 01:27:29.400]  Or actually it makes it official oppression or official misconduct.
[01:27:29.400 --> 01:27:36.400]  Because the judge exerted or purported the authority he didn't express to have.
[01:27:36.400 --> 01:27:37.400]  You're going to say it.
[01:27:37.400 --> 01:27:40.400]  Go ahead and enunciate it.
[01:27:40.400 --> 01:27:41.400]  Wait, say that again.
[01:27:41.400 --> 01:27:42.400]  Okay.
[01:27:42.400 --> 01:27:45.400]  You mumbled through the authority issue.
[01:27:45.400 --> 01:27:48.400]  Oh, well, the court.
[01:27:48.400 --> 01:27:54.400]  The court exerted or purported to exert an authority it did not expressly have.
[01:27:54.400 --> 01:27:57.400]  Because here it acted without subject matter jurisdiction.
[01:27:57.400 --> 01:28:02.400]  You can sue the judge himself.
[01:28:02.400 --> 01:28:07.400]  I think I want to hand it over to the judge to hear that.
[01:28:07.400 --> 01:28:14.400]  When the judge does not have subject matter jurisdiction, that's the only time you can sue him.
[01:28:14.400 --> 01:28:27.400]  And on removal, it is clear there is no jurisdiction and the judge cannot pretend that he doesn't know that.
[01:28:27.400 --> 01:28:28.400]  Okay.
[01:28:28.400 --> 01:28:31.400]  Do you have anything else for us, Charles?
[01:28:31.400 --> 01:28:32.400]  Not tonight.
[01:28:32.400 --> 01:28:40.400]  I'm going to work on this and I guess I'll give you guys a call on Thursday.
[01:28:40.400 --> 01:28:41.400]  Okay.
[01:28:41.400 --> 01:28:42.400]  Thank you, Charles.
[01:28:42.400 --> 01:28:55.400]  Charles, this again, one more thing is if there's any way to electronically check it, check the docket sheet and what's been filed in this case in Georgia to see what's actually in the records.
[01:28:55.400 --> 01:28:58.400]  You want to do that anyway periodically.
[01:28:58.400 --> 01:29:00.400]  You just want to see what's there.
[01:29:00.400 --> 01:29:07.400]  That's the other big thing that I should have been discussing earlier about doing legal research is if you're involved in legal cases.
[01:29:07.400 --> 01:29:15.400]  Whether anything's happened or not or you think anything's happened, periodically go out and look at the docket sheet and see what's been filed or entered on the docket.
[01:29:15.400 --> 01:29:20.400]  I'll tell you, they'll sneak stuff in all the time and not send you any of it.
[01:29:20.400 --> 01:29:35.400]  We have a case in Tyler right now where the guy, they told everybody, okay, all of you guys, your cases are dismissed, but you have forfeited your bond.
[01:29:35.400 --> 01:29:40.400]  And this guy said, wait a minute, I ain't forfeited my bond, I want my money back.
[01:29:40.400 --> 01:29:45.400]  So they came back and prosecuted him because he didn't forfeit his bond.
[01:29:45.400 --> 01:29:56.400]  And then they deliberately sent notice for a hearing to an address that he had given them notice to use a different address.
[01:29:56.400 --> 01:29:59.400]  They had used the different address.
[01:29:59.400 --> 01:30:05.400]  Hexachlorobenzene is a reproductive toxin you probably don't want to ingest.
[01:30:05.400 --> 01:30:09.400]  Unfortunately, you probably already have and there's a good chance you did it today.
[01:30:09.400 --> 01:30:31.400]  I'm Dr. Catherine Albert and I'll be right back with the toxic truth.
[01:30:40.400 --> 01:30:45.400]  The pesticides we eat accumulate in our fat.
[01:30:45.400 --> 01:30:48.400]  Unfortunately, the same is true with Gary cows.
[01:30:48.400 --> 01:30:53.400]  The chemicals they eat wind up in their fat and that finds its way into our butter and cream.
[01:30:53.400 --> 01:31:01.400]  A recent report by the USDA found that more than 80% of the butter tested contained a known carcinogen, a pesticide called DDE.
[01:31:01.400 --> 01:31:07.400]  And when they tested cream samples, they found not only DDE, but that ghastly poison hexachlorobenzene.
[01:31:07.400 --> 01:31:12.400]  So if you know what's good for you and now you do, on that shopping list right next to the organic fruits and veggies,
[01:31:12.400 --> 01:31:15.400]  you just might want to add organic butter and cream.
[01:31:15.400 --> 01:31:30.400]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.400 --> 01:31:35.400]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.400 --> 01:31:37.400]  The government says that fire brought it down.
[01:31:37.400 --> 01:31:42.400]  However, 1,500 architects and engineers concluded it was a controlled demolition.
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[01:31:52.400 --> 01:31:54.400]  I'm a father who lost his son.
[01:31:54.400 --> 01:31:57.400]  We are Americans and we deserve the truth.
[01:31:57.400 --> 01:32:00.400]  Go to RememberBuilding7.org today.
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[01:32:58.400 --> 01:33:01.400]  That may not actually be kidding about chemtrails.
[01:33:28.400 --> 01:33:44.400]  Okay, we are back. Randy Kelton with Logo Radio.
[01:33:44.400 --> 01:33:49.400]  And we're talking to Charles in Georgia.
[01:33:49.400 --> 01:33:58.400]  Can you have something you wanted to finish up with with Charles?
[01:33:58.400 --> 01:34:01.400]  No, I just wanted him to make sure he looks at the dockets.
[01:34:01.400 --> 01:34:06.400]  This is a warning for everybody that's involved in the court case to always look at the docket sheets.
[01:34:06.400 --> 01:34:08.400]  You go down there and you want to look at the file.
[01:34:08.400 --> 01:34:10.400]  Yeah, that's it.
[01:34:10.400 --> 01:34:13.400]  My bad, I'm the one that ran off the cliff.
[01:34:13.400 --> 01:34:23.400]  In this Tyler case, the judge ordered the clerk to send the notice to the wrong address.
[01:34:23.400 --> 01:34:28.400]  They had already sent notices to the new address before, so the clerk had it.
[01:34:28.400 --> 01:34:32.400]  And the judge specifically ordered him to send it to the old address.
[01:34:32.400 --> 01:34:36.400]  And then five cops broke into the restaurant he worked at and arrested him.
[01:34:36.400 --> 01:34:41.400]  They put him in jail and then he had to pay $3,000 bond to get out.
[01:34:41.400 --> 01:34:45.400]  So this is the kind of stuff they'll pull on here when you fight them.
[01:34:45.400 --> 01:34:52.400]  So absolutely check the filings in the court record.
[01:34:52.400 --> 01:34:58.400]  Okay, Charles, I'm going to see if I can get Sandra back.
[01:34:58.400 --> 01:35:07.400]  Okay, now we're going to Sandra. Hello, Sandra. Are you there?
[01:35:07.400 --> 01:35:12.400]  It's odd that she's still on the board, but she's not there.
[01:35:12.400 --> 01:35:15.400]  Maybe she did fall asleep.
[01:35:15.400 --> 01:35:20.400]  I do have that effect on people. Tim, are you there?
[01:35:20.400 --> 01:35:22.400]  Yes, sir, I'm here.
[01:35:22.400 --> 01:35:25.400]  Did you hang on because you had another question?
[01:35:25.400 --> 01:35:34.400]  Yes, sir. I wanted to let you guys know something that they had emailed me the documents that they were trying to serve.
[01:35:34.400 --> 01:35:39.400]  And they're trying to serve them on me too, but I don't know why they didn't.
[01:35:39.400 --> 01:35:46.400]  So, but there's all the documents they want to be here.
[01:35:46.400 --> 01:35:56.400]  They want 61 documents and everything from my tax returns for the past five years.
[01:35:56.400 --> 01:36:04.400]  Two bank accounts, phone bills. No.
[01:36:04.400 --> 01:36:09.400]  Well, that's kind of what I'm thinking. They're trying to scare the heck out of me.
[01:36:09.400 --> 01:36:13.400]  Yeah, we'll file a motion to my wife and to my brother-in-law.
[01:36:13.400 --> 01:36:26.400]  And they want to know the people who are the trustees. What do you call them? The trust. Oh, Lord, help us.
[01:36:26.400 --> 01:36:29.400]  The trustees, yes.
[01:36:29.400 --> 01:36:38.400]  Okay, but it doesn't matter what they're requesting. The issue is, first off, service is not proper by email.
[01:36:38.400 --> 01:36:49.400]  Yeah. Well, they've got to look at the rules. The rules, again, you've got to file a motion to quash and a motion for sanctions for them violating the rules.
[01:36:49.400 --> 01:36:54.400]  Wait a minute. I wouldn't file anything until they actually did a proper service.
[01:36:54.400 --> 01:36:57.400]  Yeah.
[01:36:57.400 --> 01:37:01.400]  Well, they sent this at four o'clock.
[01:37:01.400 --> 01:37:08.400]  359, and then the other one was four o'clock, and then my brother-in-law already received his somehow.
[01:37:08.400 --> 01:37:13.400]  Yeah, but they still got to follow the rules of discovery.
[01:37:13.400 --> 01:37:21.400]  Your brother-in-law is not part of the suit, is he? Does he live at your address? Is he one of the defendants, or is he in the third party?
[01:37:21.400 --> 01:37:26.400]  He's the agent. He's the agent of one of the trustees.
[01:37:26.400 --> 01:37:31.400]  Okay. No, he's not one of the trustees.
[01:37:31.400 --> 01:37:33.400]  Okay.
[01:37:33.400 --> 01:37:37.400]  So he works for you?
[01:37:37.400 --> 01:37:48.400]  No, he just... No, we've just formed a trust. I mean, we just formed an S-corporation, and...
[01:37:48.400 --> 01:37:52.400]  That's a corporation. So he's an agent, or he's a co-owner.
[01:37:52.400 --> 01:38:03.400]  Yeah, so he's one of the... Okay. He's a member. But the citation was filed against the corporation, or was filed against you as an individual?
[01:38:03.400 --> 01:38:07.400]  Let me read it to you. It's all right.
[01:38:07.400 --> 01:38:15.400]  No, no, no, no, no. Not that. The original citations, all of this stuff. Was it done to you, or done to your corporation?
[01:38:15.400 --> 01:38:18.400]  What citations are you talking about?
[01:38:18.400 --> 01:38:22.400]  The citations were having the junk vehicles, the starting of all of this.
[01:38:22.400 --> 01:38:26.400]  Oh, no. It was against me, personally.
[01:38:26.400 --> 01:38:35.400]  Yeah, that was... I don't know. Kim, Kim, this goes to their suit to collect the fees.
[01:38:35.400 --> 01:38:41.400]  This is a civil suit just to collect the fees, and it only names Tim.
[01:38:41.400 --> 01:38:44.400]  No, but they're going after his corporation now.
[01:38:44.400 --> 01:39:00.400]  How do they... They can't. That's what I'm saying. If that's improper, and the emails are improper, and they don't have jurisdiction because the suit is still ending because they haven't followed the discovery rules.
[01:39:00.400 --> 01:39:03.400]  And there is no final adjudication in the case.
[01:39:03.400 --> 01:39:06.400]  And there is no final adjudication in the case.
[01:39:06.400 --> 01:39:20.400]  There was no final adjudication, but the judge in the district court did rule in their favor for the original $8,000 fine with 5% per annum.
[01:39:20.400 --> 01:39:29.400]  Okay, but still, there's no final adjudication. They can't collect it because it's a private adjudication.
[01:39:29.400 --> 01:39:36.400]  In the original case, you mean the board? The administrative board. Oh, that's what I was going to tell you.
[01:39:36.400 --> 01:39:41.400]  The administrative board isn't a judge. They don't have any ability to refine anybody.
[01:39:41.400 --> 01:39:45.400]  Tim, Tim, Tim, stop. You're mixing things all up.
[01:39:45.400 --> 01:39:53.400]  We're talking about the civil case before the district court to collect these fees.
[01:39:53.400 --> 01:39:59.400]  In the civil case before the district court to collect these fees, there is no final adjudication.
[01:39:59.400 --> 01:40:01.400]  Right.
[01:40:01.400 --> 01:40:11.400]  So they don't have a claim to collect. So these motions for discovery are inappropriate.
[01:40:11.400 --> 01:40:17.400]  Listen to this. They put on this document plaintiff counter defendants.
[01:40:17.400 --> 01:40:28.400]  They put City of Newark, William Andrew Messer, Mac Reinwald, Ashley D. McSwain, Renee Cole, Pamela Thompson, Taylor Burton, and Janine Inman.
[01:40:28.400 --> 01:40:36.400]  And I'm the defendant counter plaintiff. So how could they put all those people's names on that when they're trying to...
[01:40:36.400 --> 01:40:41.400]  Because they're defendants. They're counter defendants.
[01:40:41.400 --> 01:40:47.400]  But they dropped mine. They dismissed my claim. Still, there's no final adjudication, Tim.
[01:40:47.400 --> 01:40:53.400]  Okay, okay. Well, I just don't understand. It ain't done. They're still connected until it's done.
[01:40:53.400 --> 01:41:00.400]  Even if he's dismissed it, okay. Even if he's dismissed it, because it's not dismissed yet.
[01:41:00.400 --> 01:41:07.400]  Okay. If there's a counter claim, even if he dismissed it, he can't dismiss the counter claim necessarily, unless he's dismissed the counter claim.
[01:41:07.400 --> 01:41:16.400]  But the issue is that, depending on what they're trying to... how they're trying to do the discovery, you have a right to have them do the discovery under proper rules.
[01:41:16.400 --> 01:41:27.400]  And the issue here is that the discovery is improper, and the proper way to go after this is to nail them for sanctions and file bar grievances against the attorney to sign the app to subpoena.
[01:41:27.400 --> 01:41:30.400]  But you've got to read the rules.
[01:41:30.400 --> 01:41:33.400]  Okay. All right.
[01:41:33.400 --> 01:41:37.400]  Okay. This is good. They're still screwing up.
[01:41:37.400 --> 01:41:39.400]  They are. Okay.
[01:41:39.400 --> 01:41:45.400]  Oh, yeah. This is a good screw up. This is clearly harassment.
[01:41:45.400 --> 01:41:51.400]  Well, it is. That's the point that I was trying to bring up.
[01:41:51.400 --> 01:41:53.400]  Yeah, this is...
[01:41:53.400 --> 01:42:05.400]  The content of their harassment is really irrelevant at this point. We take it on faith that what they said was a whole bunch of nasty stuff.
[01:42:05.400 --> 01:42:08.400]  Fine. A whole bunch of nasty stuff.
[01:42:08.400 --> 01:42:25.400]  Right. That's what they did. They filed a document and asked for this, and asked for that, and claimed this, and claimed that. All ideas to run you off the flagpole and let you forget to do your due diligence into whether or not they proceeded under rules of law.
[01:42:25.400 --> 01:42:27.400]  Okay.
[01:42:27.400 --> 01:42:30.400]  And I don't think they have.
[01:42:30.400 --> 01:42:32.400]  Okay.
[01:42:32.400 --> 01:42:38.400]  We will get to that. First thing we want to do is get this mandamus in.
[01:42:38.400 --> 01:42:39.400]  Yeah.
[01:42:39.400 --> 01:42:44.400]  If we get a ruling on the mandamus, it's over with for them.
[01:42:44.400 --> 01:42:52.400]  Everything goes back to the trial court, which never was completely adjudicated, and everything starts over again.
[01:42:52.400 --> 01:42:57.400]  And they lose all of these supposed fees they're trying to collect.
[01:42:57.400 --> 01:42:59.400]  Right.
[01:42:59.400 --> 01:43:04.400]  And since it was frivolous, you're entitled to... Did you plead frivolous on this case?
[01:43:04.400 --> 01:43:08.400]  I don't care if you dismissed the counterclaim. That's still going to be an appealable issue.
[01:43:08.400 --> 01:43:15.400]  We plead lack of subject matter jurisdiction. We don't need to say frivolous. They had no standing to file it and start with.
[01:43:15.400 --> 01:43:18.400]  You can call that frivolous.
[01:43:18.400 --> 01:43:24.400]  That's a countersuit. You need to say dismiss it, but I'm filing a countersuit for frivolous pleadings.
[01:43:24.400 --> 01:43:25.400]  We filed a countersuit.
[01:43:25.400 --> 01:43:32.400]  We filed a countersuit and asked for 300,000.
[01:43:32.400 --> 01:43:34.400]  That works.
[01:43:34.400 --> 01:43:38.400]  Okay. Hang on. I'm sorry. We're about to go to break.
[01:43:38.400 --> 01:43:42.400]  I thought we were out of show. We've got one more segment. This is Randy Kelton.
[01:43:42.400 --> 01:43:44.400]  We'll use our radio.
[01:43:44.400 --> 01:43:48.400]  Randy Kelton, who did not run off the cliff this time.
[01:43:48.400 --> 01:43:52.400]  This is the second time in the show. I didn't run off the cliff. I'm doing good.
[01:43:52.400 --> 01:43:55.400]  Hang on. We're right back.
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[01:46:26.400 --> 01:46:35.400]  Okay, we are back. Randy Kelton from Legal101 Radio here with our special guest, Ken Magnuson.
[01:46:35.400 --> 01:46:37.400]  And we're talking to Tim in Texas.
[01:46:37.400 --> 01:46:43.400]  Okay, one thing Ken wanted to bring up. Go ahead, Ken.
[01:46:43.400 --> 01:46:58.400]  Motion to change venue, that you can't get a fair trial in Wise County. And for all the reasons why, we don't care what the judge does, it becomes a preserved error on a field.
[01:46:58.400 --> 01:47:11.400]  Okay, you get a change of venue, you can recognize that the dismissal of your other suit with regard to dismiss with prejudice or whatever, that's all revisited on a motion for new trial.
[01:47:11.400 --> 01:47:17.400]  So if you get another court, you do a motion to rehear on that issue and have to revise it.
[01:47:17.400 --> 01:47:22.400]  Until the case is final, that order is not final.
[01:47:22.400 --> 01:47:39.400]  Okay, so what you're saying, when you mentioned final adjudication, Randy, I was misunderstanding you in thinking that you were talking about the original case in the municipality where we had a challenge to subject matter jurisdiction and it was never answered by a judge.
[01:47:39.400 --> 01:47:41.400]  That's what I thought you were talking about.
[01:47:41.400 --> 01:47:43.400]  Oh, okay.
[01:47:43.400 --> 01:48:01.400]  But even if that judge rendered a ruling, that would not be a final adjudication in that case until the appellate time ran out and the court lost plenary jurisdiction.
[01:48:01.400 --> 01:48:12.400]  It doesn't end until our appeals are exhausted. Once all of our appeals are exhausted, then there could be a final adjudication, but not until.
[01:48:12.400 --> 01:48:14.400]  Okay.
[01:48:14.400 --> 01:48:24.400]  So neither one of them has a final adjudication. And I apologize, I didn't understand what the misunderstanding was.
[01:48:24.400 --> 01:48:53.400]  What we're attempting to do here with what they're attempting to do is we're trying to head them off from me having to appear for the deposition along with my wife and right brother-in-law so that we can take it one step further and get it back into our defense, or not our defense, we're on the offense.
[01:48:53.400 --> 01:48:55.400]  Yeah.
[01:48:55.400 --> 01:49:12.400]  The only way you can do that is you have to know the rules about subpoenas and depositions. And the issue is that under the rule, the easy way behind this would be on the same date you were supposed to go, you could essentially fact them.
[01:49:12.400 --> 01:49:31.400]  Notice indicating that first off, your wife is unavailable because she's out of town. It's inconvenient to you and that they need to offer you a different date. It looks like you're cooperative, which means it prevents them from going to court and getting a, they still have to file a motion to compel.
[01:49:31.400 --> 01:49:46.400]  I'm going to tell you right now, attorneys file subpoenas all the time for depositions and stuff and people don't show up. And the only remedy is you've got to go back to court and compel the other party by court order to appear.
[01:49:46.400 --> 01:49:57.400]  And they can't do that if it looks like you're cooperating. You know, they just make the other attorney set a different date. They can't take a hard and fast day to do the depositions.
[01:49:57.400 --> 01:50:00.400]  It's not in the rules.
[01:50:00.400 --> 01:50:23.400]  So chances are, if our court date is May the 14th, that's when we rescheduled it, since they aren't able to do the deposition and they wanted to make these claims part of the final adjudication from the judge or, you know what I'm saying, where he makes his, until he adjourns the thing.
[01:50:23.400 --> 01:50:26.400]  Have you guys heard from a jury?
[01:50:26.400 --> 01:50:30.400]  That was the first thing that I did when I went and asked for my hearing was a trial.
[01:50:30.400 --> 01:50:38.400]  Okay. Hold on. We didn't ask for a trial by jury in the district court because he wanted to be able to hold the judge responsible.
[01:50:38.400 --> 01:50:49.400]  And that may turn out have been a mistake on my part. I'm not sure. We haven't got that for yet, but he did ask for a trial by jury in the original criminal case.
[01:50:49.400 --> 01:50:50.400]  Right.
[01:50:50.400 --> 01:50:52.400]  They never got one.
[01:50:52.400 --> 01:51:21.400]  I never got one. And the chapter 54 that they claim authority to collect under 54.02 says that if there's an administrative determination, it must be approved by the judge and there can be no administrative
[01:51:21.400 --> 01:51:31.400]  adjudication if there is a trial by, if there's a request for a trial by jury. So they're absolutely forbidden to do it.
[01:51:31.400 --> 01:51:44.400]  Right. And that's been filed with the district court as an absolute bar. That's a lapse against any kind of collection.
[01:51:44.400 --> 01:51:53.400]  We filed all that and the judge just denied everything. Denied everything out of hand with prejudice.
[01:51:53.400 --> 01:51:58.400]  I disqualified the part. I disqualified him.
[01:51:58.400 --> 01:52:05.400]  We've already filed criminal charges against him. So a motion to disqualify is appropriate at this point.
[01:52:05.400 --> 01:52:07.400]  Right. Is it right?
[01:52:07.400 --> 01:52:17.400]  Yes. Well, you can try first with a motion to transfer indicating you think they're a fair trial. But if they can't get depositions within a certain period of time, they won't be able to use it.
[01:52:17.400 --> 01:52:30.400]  You can get a trial by jury if they ask for an extension of time. Now, you can also ask for an extension of time if they get a court order or whatever to ask for these records indicating these records aren't readily available.
[01:52:30.400 --> 01:52:42.400]  And it'll take you some time to acquire them indicating that you had no knowledge that they would be needed until they sent you a notice, literally what, three days before the deposition date?
[01:52:42.400 --> 01:52:48.400]  It's inconvenient and it's impossible for you to get the records in the narrow time limit.
[01:52:48.400 --> 01:52:57.400]  So the issue is that there's no way they're going to get there. If they get a continuance and they go out past 30 days, the notice for jury trial is 30 days.
[01:52:57.400 --> 01:53:06.400]  Yes, we'll get up in the rules of civil procedure, but the best of my recollection is even 30 days before trial, you can make a notice for it.
[01:53:06.400 --> 01:53:18.400]  Generally speaking, they require you to, I mean, you've got to pay the fee. The big thing they get done is if you make the request for a jury and then you don't pay the fee, they'll ignore the request for a jury.
[01:53:18.400 --> 01:53:29.400]  Even though they're supposed to ask you for the fee, if you hadn't paid it yet, they will refuse to do so and now you've just got another appealable issue. You don't have the jury.
[01:53:29.400 --> 01:53:32.400]  So I've never been denied a jury.
[01:53:32.400 --> 01:53:38.400]  So even after the judge has done some rulings, we can still ask for a jury trial?
[01:53:38.400 --> 01:53:46.400]  As long as you're 30 days out, I believe. I think that's what the rule is. Now you're going to have to check on that. I haven't looked at that in a while.
[01:53:46.400 --> 01:53:49.400]  So you're inside 30 days.
[01:53:49.400 --> 01:53:56.400]  I suspect that our mandamus will get us to 30 days.
[01:53:56.400 --> 01:54:05.400]  Right. So we don't have to depend on the attorneys to ask for an extension.
[01:54:05.400 --> 01:54:12.400]  Well, you still got to address the issue of the subpoenas showing that they're wrong. They're bad, bad, bad, bad, bad, bad.
[01:54:12.400 --> 01:54:19.400]  These guys act like they're writing a court order and they're just hoping you're stupid enough to comply.
[01:54:19.400 --> 01:54:29.400]  Okay. Because they put the 271st District Court, Wise County, Texas and all this, but that's just so that they can file it there.
[01:54:29.400 --> 01:54:32.400]  No, no, no. They don't even file it there.
[01:54:32.400 --> 01:54:37.400]  Subpoenas are issued by attorneys in discovery by themselves without ever going to court.
[01:54:37.400 --> 01:54:45.400]  What's really bad about the system is if you wanted to do a subpoena, you'd have to go and ask for permission from the court.
[01:54:45.400 --> 01:54:47.400]  Yeah.
[01:54:47.400 --> 01:54:49.400]  Well...
[01:54:49.400 --> 01:54:55.400]  They don't. They have to tell you what the issue is. That's why they've got to put the heading on it, everything.
[01:54:55.400 --> 01:55:01.400]  Or you don't know why you're going. So if you want to move to quash a subpoena, you have to know where to go to.
[01:55:01.400 --> 01:55:09.400]  They can't just say subpoena. Show up and bring your box of records. They've got to give you enough so that you know how to defend yourself.
[01:55:09.400 --> 01:55:15.400]  When you say quash, what exactly does that mean in legal terms?
[01:55:15.400 --> 01:55:20.400]  That means make it go away. Quash is to kill it.
[01:55:20.400 --> 01:55:25.400]  A lot of people say it's quash. It's not quash. It's quash with a cue.
[01:55:25.400 --> 01:55:27.400]  I like squash, though.
[01:55:27.400 --> 01:55:31.400]  Okay. That makes sense.
[01:55:31.400 --> 01:55:35.400]  What do you think, Randy?
[01:55:35.400 --> 01:55:45.400]  I'm thinking of how I make sure I get them 30 days out.
[01:55:45.400 --> 01:55:53.400]  I looked up the rule, make sure I'm right. When I'm doing these quotations and I haven't looked at the rule, I haven't looked at this rule in quite a few years.
[01:55:53.400 --> 01:56:00.400]  So the question is, has the Supreme Court of Texas decided they're going to change the rules on jury trials?
[01:56:00.400 --> 01:56:02.400]  You need to look for the rule.
[01:56:02.400 --> 01:56:04.400]  Okay. We will look that up.
[01:56:04.400 --> 01:56:08.400]  All I need to do is get these up.
[01:56:08.400 --> 01:56:12.400]  He needs to get a copy of the book from me, because all these rules are online, too.
[01:56:12.400 --> 01:56:17.400]  The reason you get the O'Connor's is to discuss the cookbook version of it.
[01:56:17.400 --> 01:56:19.400]  Okay.
[01:56:19.400 --> 01:56:24.400]  So it doesn't matter who gets the continuance.
[01:56:24.400 --> 01:56:41.400]  So if we ask for a continuance or ask for an abatement, a 60-day abatement to get the Court of Appeals' time to rule on our mandamus, that puts us over the 30 days out.
[01:56:41.400 --> 01:56:50.400]  What you want to do is you want to ask for like 45 days and then wait a day or two and then file the notice for the jury trial and then pay the fee.
[01:56:50.400 --> 01:56:58.400]  And I believe the fee is like $30 for a jury and district court, because you're entitled to 12 years in district court.
[01:56:58.400 --> 01:57:00.400]  Good.
[01:57:00.400 --> 01:57:02.400]  Okay.
[01:57:02.400 --> 01:57:03.400]  Oh, boy.
[01:57:03.400 --> 01:57:09.400]  I wish I could argue that I've never lost a jury trial.
[01:57:09.400 --> 01:57:11.400]  You've never lost a what?
[01:57:11.400 --> 01:57:13.400]  A jury trial.
[01:57:13.400 --> 01:57:15.400]  Oh, really?
[01:57:15.400 --> 01:57:23.400]  Yeah, the last jury trial I had was the traffic ticket in Elefender County and the jury took me out to lunch afterwards.
[01:57:23.400 --> 01:57:26.400]  They liked you, huh?
[01:57:26.400 --> 01:57:34.400]  Yeah, well, they also were doing jury nullification, but it's a longer story and we'll tell it at another time.
[01:57:34.400 --> 01:57:42.400]  The prosecutor was very embarrassed, and I started with the beginning of that story, but they had made a horrible mistake and didn't know.
[01:57:42.400 --> 01:57:52.400]  The beginning of that night, I was telling a story about the prosecutor not knowing he'd made a mistake, and they found out what the mistake was.
[01:57:52.400 --> 01:58:00.400]  And it was a radar ticket, and they made a horrible mistake about calibrating the radar, and the context of it and just put his foot right in it.
[01:58:00.400 --> 01:58:04.400]  So, and he got caught.
[01:58:04.400 --> 01:58:08.400]  Okay, well, just so you know, I'm 100% too.
[01:58:08.400 --> 01:58:11.400]  I have never won a jury trial.
[01:58:11.400 --> 01:58:13.400]  Right.
[01:58:13.400 --> 01:58:14.400]  Okay.
[01:58:14.400 --> 01:58:16.400]  We are out of time.
[01:58:16.400 --> 01:58:20.400]  This is Randy Kelton, rule of law radio.
[01:58:20.400 --> 01:58:22.400]  We thank you all for listening.
[01:58:22.400 --> 01:58:25.400]  We especially thank you, Ken, for being on tonight.
[01:58:25.400 --> 01:58:32.400]  You have really been a wealth of knowledge. I learn a lot every time I talk to Ken.
[01:58:32.400 --> 01:58:35.400]  Okay, we will be back next week.
[01:58:35.400 --> 01:58:44.400]  Make sure you tune in to Eddie's traffic show on Monday night at 8 o'clock Central, and we'll be back Thursday and Friday.
[01:58:44.400 --> 01:58:50.400]  Thank you all for listening, and good night.
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