ROL_2018-06-01_16k_Hr1-2.timecode
[00:00.000 --> 00:07.680] The Fallinges Flash is brought to you by The Lone Star Lowdowns, providing the jelly
[00:07.680 --> 00:14.800] bulletins for the Commodities Market, Today in History, News Updates, and the Insight
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[00:23.600 --> 00:29.560] Markets for the 11th of April 2018 close with gold $1,353.22 an ounce.
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[00:55.480 --> 01:01.200] Today in History, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act
[01:01.200 --> 01:06.160] of 1968, which prohibited private businesses from discriminating based on race, color,
[01:06.160 --> 01:08.040] religion, sex, or national origin.
[01:08.040 --> 01:13.200] It also prohibited unequal application of voter registration requirements, racial segregation
[01:13.200 --> 01:18.320] in public schools, and employment, and public accommodations for places of business.
[01:18.320 --> 01:27.280] Today in History, in recent news, tensions in Syria seem to reach new levels after a
[01:27.280 --> 01:31.880] chemical attack on civilians in the city of Douma, which left 40 dead and many injured,
[01:31.880 --> 01:36.600] an attack which is being blamed on the democratically elected president of Syria, Bashar al-Assad,
[01:36.600 --> 01:41.520] by the 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 --> 01:47.240] President Trump tweeted today Wednesday that if, quote, Russia vows to shoot down any and
[01:47.240 --> 01:51.560] all missiles fired at Syria, get ready, Russia, because they will be coming in nice and new
[01:51.560 --> 01:56.400] and smart, going on to warn Russia that you shouldn't be partners with a gas-killing animal
[01:56.400 --> 01:58.640] who kills his 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 --> 02:06.800] attack must have been conducted by Assad and his forces.
[02:06.800 --> 02:11.080] Syria and Russia, on the other hand, have given approval since yesterday for the Organization
[02:11.080 --> 02:15.600] for the Prohibition of Chemical Weapons to investigate the side of the chemical slaughter.
[02:15.600 --> 02:19.440] Assad has been successful in maintaining rule and support during Syria's seven-year civil
[02:19.440 --> 02:24.040] war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[02:24.040 --> 02:28.800] rebels that are openly being funded by Western governments, with ISIS being one of the more
[02:28.800 --> 02:32.560] notorious splinter groups of the American-backed Syrian rebels.
[02:32.560 --> 02:37.880] No surprise then why Russian Foreign Minister Spokeswoman Maria Zakhova posted on Facebook
[02:37.880 --> 02:42.240] that smart missiles should be fired at terrorists and not at a legitimate government, which
[02:42.240 --> 02:46.800] has been fighting terrorists, or is this a trick to destroy all traces with a smart
[02:46.800 --> 03:12.840] missile strike, and then there will be no evidence for international inspectors to
[03:12.840 --> 03:28.880] do so.
[03:28.880 --> 03:36.080] Okay, howdy, howdy, this is Randy Kelton, Rula Radio, on this, the first day of June
[03:36.080 --> 03:47.120] 5, 2018, we're almost halfway through it already, and we have our phone lines on, they'll
[03:47.120 --> 03:53.480] be on all night, thank goodness it turned on, there we go, phone lines are on, a call-in
[03:53.480 --> 04:09.000] number is 512-646-94, and the electronic paralegal project is moving right along, I'm in Texas
[04:09.000 --> 04:18.240] at the moment, preparing, finishing up work on a business plan so we can start hitting
[04:18.240 --> 04:24.560] up some folks for a bunch of money to get this thing rocking and rolling.
[04:24.560 --> 04:32.160] We will be taking your calls all night, the call-in number is 512-646-1984, and I generally
[04:32.160 --> 04:39.840] launch into a subject early in the show, but I've kind of slowed up a little bit because
[04:39.840 --> 04:44.720] I've been getting so many calls that I generally use up a segment and kind of take that away
[04:44.720 --> 04:52.680] from my callers, so I was hoping that I'd get a call pretty quick, otherwise, I talked
[04:52.680 --> 05:00.080] about something yesterday that has been making me real uncomfortable while we're waiting
[05:00.080 --> 05:10.120] for the call bridge to come up, I just drove down from Tennessee to Texas some 800 miles,
[05:10.120 --> 05:19.320] and I noticed I don't have a single grasshopper smashed on my windshield, and I've been noticing
[05:19.320 --> 05:26.600] as I walk around outside, you've got street lights and lights on the property and stuff,
[05:26.600 --> 05:32.600] I'm not seeing a lot of bugs flying around them, a few years ago I was traveling somewhere
[05:32.600 --> 05:38.200] and I pulled over to check my map and get directions, and I pulled under a lighted convenience
[05:38.200 --> 05:46.720] store and you could hardly see the light for the bugs flying around it, but they're gone.
[05:46.720 --> 05:57.040] I'm not seeing hardly any bugs at all, I just did some research on the internet and it seems
[05:57.040 --> 06:06.440] like one study in Germany from 1989 to present the bug population flying, bug population
[06:06.440 --> 06:19.520] has decreased 79%, and the decrease is increasing at an ever-increasing rate.
[06:19.520 --> 06:30.600] It's like our bug population is collapsing right around us, with 79% of the flying insects
[06:30.600 --> 06:36.520] gone, what are the birds going to eat, the birds will follow them.
[06:36.520 --> 06:46.400] This just rings of Armageddon, you know we've been hearing about all these issues for a
[06:46.400 --> 06:55.600] long time, but right now I'm beginning to see signs of it, it's making me very uncomfortable,
[06:55.600 --> 07:04.680] and the more research I do, the more uncomfortable I get, however it is bugs and if it is, the
[07:04.680 --> 07:15.000] research I've done indicates that the consideration is the primary culprit are the insecticides
[07:15.000 --> 07:23.920] or carpets carpeting the whole planet with, all these industrial farmers are using pesticides
[07:23.920 --> 07:30.840] to the point that they may be collapsing the entire insect population.
[07:30.840 --> 07:39.080] If that's the case, fortunately that's something we can probably fix unless those chemicals
[07:39.080 --> 07:47.640] that we've been spraying so much for the last 50, 60 years have accumulated into the environment
[07:47.640 --> 07:54.240] that our population, that bug population may not be able to recover.
[07:54.240 --> 08:01.360] I haven't really researched all of the ramifications, but just a curse we look at it is frightening
[08:01.360 --> 08:07.000] because when the bugs fall off, the birds fall off, and what's going to fall off behind
[08:07.000 --> 08:08.000] down?
[08:08.000 --> 08:16.760] This could have a reverberation through the entire ecosystem because they're all linked
[08:16.760 --> 08:27.920] together and eventually give to us, well anyway that's not really our subject, it's just
[08:27.920 --> 08:36.880] a concern that I had and the more I look at it the more disturbed I feel about it.
[08:36.880 --> 08:46.800] Well that's my story on, we have been doing some work on making our pleading somewhat
[08:46.800 --> 08:53.720] more sophisticated, we're finding more really interesting arguments we can bring, especially
[08:53.720 --> 08:58.280] in the traffic ticket area.
[08:58.280 --> 09:02.640] I haven't upgraded the traffic ticket site in a while and somebody just told me that
[09:02.640 --> 09:10.280] it's not working, but I haven't had time to look at it, but when I do I'll go back in
[09:10.280 --> 09:18.120] and we have some adjustments to make in the documentation, some really sophisticated legal
[09:18.120 --> 09:24.400] arguments and from my perspective those are the best ones.
[09:24.400 --> 09:31.400] I just finished a document for someone here in Texas where they were prosecuted in the
[09:31.400 --> 09:41.440] municipal court and it took a while, frustratingly when I found this because if I had my questionnaires
[09:41.440 --> 09:49.320] up a question would be in there asking for this piece of information.
[09:49.320 --> 10:01.400] I'm helping you fight a citation for a junk vehicle and it's under the municipal ordinances
[10:01.400 --> 10:07.440] and what I forgot to check was for an information.
[10:07.440 --> 10:14.760] Most of us are only experienced with traffic court or with classy misdemeanor courts or
[10:14.760 --> 10:22.560] with traffic because that's the vast majority of all cases in a traffic court or traffic,
[10:22.560 --> 10:30.480] I'm sorry, in a J.P. or municipal court or traffic and there is a special exclusion
[10:30.480 --> 10:39.880] for at least in Texas for prosecutions in traffic court and that is that the prosecution
[10:39.880 --> 10:50.120] that the case can be prosecuted on the citation alone, but one of my callers Brett last night
[10:50.120 --> 10:55.280] reminded me of something that I knew and I just forgotten.
[10:55.280 --> 11:07.160] A traffic citation can be prosecuted on the citation alone if there is a written waiver
[11:07.160 --> 11:14.640] by the accused and I've never seen one of those written waivers, otherwise there must
[11:14.640 --> 11:17.200] be an information.
[11:17.200 --> 11:22.680] What we have here and what is generally the case is the Code Enforcement Office of Rights
[11:22.680 --> 11:26.840] Citation gives it to the judge and the judge starts to prosecute.
[11:26.840 --> 11:35.400] Whoa, hold on guys, there's a whole bunch of parts and pieces in between there that
[11:35.400 --> 11:38.280] are missing.
[11:38.280 --> 11:47.040] The Code Enforcement Officer writes the citation, well, when a Code Enforcement Officer writes
[11:47.040 --> 11:55.040] the citation and hands it in, he does not hand it in to a judge, he hands it in to the
[11:55.040 --> 11:56.040] magistrate.
[11:56.040 --> 12:01.560] Well, the magistrate is probably a judge, but when he gets a criminal complaint, his
[12:01.560 --> 12:06.920] judge's hat comes off, his magistrate's hat comes on.
[12:06.920 --> 12:14.800] Everything in law directs a criminal complaint to a magistrate, nothing directs a complaint
[12:14.800 --> 12:20.440] to a police officer or a prosecutor or anybody else.
[12:20.440 --> 12:26.200] They're all directed to a magistrate, I just gave criminal complaints against some guy
[12:26.200 --> 12:34.000] that stole some stuff from my property while I was out of town.
[12:34.000 --> 12:41.720] And the Justice of the Peace had no idea what to do with it.
[12:41.720 --> 12:45.640] Actually asked me what to do with it.
[12:45.640 --> 12:51.360] And I gave her this document I had just finished that walked down through the process.
[12:51.360 --> 12:58.280] I don't know if she's read it or not, but if she doesn't act on that complaint in accordance
[12:58.280 --> 13:02.520] with the law I gave her, I'm going to file criminal charges against her.
[13:02.520 --> 13:09.040] So we'll see how that works.
[13:09.040 --> 13:18.840] This Justice of the Peace has been a Justice of the Peace for 10 to 15 years now and has
[13:18.840 --> 13:26.520] no idea what her primary duty as a magistrate is.
[13:26.520 --> 13:29.840] Something's terribly wrong here.
[13:29.840 --> 13:37.480] Well, I'm going to try to get them brought up to speed, but I was frustrated because
[13:37.480 --> 13:44.520] I forgot to ask the question, was there a information filed by the prosecutor?
[13:44.520 --> 13:52.720] What an information is and what the law says is that all complaints are prosecuted on an
[13:52.720 --> 13:57.440] indictment or an information, not on the complaint.
[13:57.440 --> 14:03.600] And that's important to understand why.
[14:03.600 --> 14:09.280] Complaints are intended to be filed by private citizens with a magistrate.
[14:09.280 --> 14:14.360] They're filed with the magistrate and the magistrate looks at the complaint and makes
[14:14.360 --> 14:20.360] a determination probable cause, seals all the evidence had in the hearing and an envelope
[14:20.360 --> 14:24.440] causes their name to be written across the seal of the envelope and forward it to the
[14:24.440 --> 14:27.320] clerk of the Court of Jurisdiction.
[14:27.320 --> 14:37.120] It is the determination by the magistrate which gives the trial court subject matter jurisdiction.
[14:37.120 --> 14:44.960] Okay, magistrate is a special position and the magistrate has jurisdiction to hold an
[14:44.960 --> 14:50.000] examining trial when the magistrate receives verified criminal affidavit.
[14:50.000 --> 14:55.200] So the complaint gives the magistrate subject matter jurisdiction to make a determination
[14:55.200 --> 15:01.160] of probable cause and set bail and that's it and where is your warrant.
[15:01.160 --> 15:06.600] Then the magistrate sends the determination of probable cause to the clerk of the Court
[15:06.600 --> 15:12.040] of Jurisdiction and that transfers jurisdiction from the magistrate to the Court.
[15:12.040 --> 15:22.160] Well, they just kind of skipped over all those parts and that's important because the examining
[15:22.160 --> 15:30.240] trial is where the accused gets opportunity to enter exculpatory evidence that would show
[15:30.240 --> 15:36.840] him not guilty and eliminate him having to go through the whole prosecution process.
[15:36.840 --> 15:42.520] But in traffic tickets, they want you to go through the prosecution process because 99%
[15:42.520 --> 15:50.400] of everybody who gets a ticket winds up paying the bill, they either 73% pay the ticket without
[15:50.400 --> 15:57.120] even showing up of the 27 left, they go to the first hearing and the prosecutor talks
[15:57.120 --> 16:00.640] 99% of them into taking a deal.
[16:00.640 --> 16:04.760] So they don't care if the procedure is right, procedure just costs some more money.
[16:04.760 --> 16:09.840] If the procedure was right, they wouldn't have as many people paying the bill, they'd
[16:09.840 --> 16:12.160] have more people getting off.
[16:12.160 --> 16:16.560] So we're going to try to fix that, we're about to go to break, I don't see any calls
[16:16.560 --> 16:23.040] on our call board, if someone's trying to call in and the call board for some reason
[16:23.040 --> 16:35.320] is not working, send me an email or give me a call at 399-940-399-9922 and I'll see if
[16:35.320 --> 16:40.600] we can get this up, we're about to go to break so I'll have the producer check and make sure
[16:40.600 --> 16:42.440] the call board is working.
[16:42.440 --> 16:51.840] This is Randy Kelkin, Roodle Law Radio on this Friday, the first day of June 2018, we'll
[16:51.840 --> 16:53.840] be right back.
[17:51.840 --> 17:55.280] We also accept Bitcoin and other cryptocurrencies.
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[18:00.720 --> 18:06.000] Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[18:06.000 --> 18:09.520] Stop debt collectors now with the Michael Mearris Proven Method.
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[18:14.840 --> 18:19.640] You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.640 --> 18:20.840] civil rights statutes.
[18:20.840 --> 18:26.040] What to do when contacted by phones, mail or court summons, how to answer letters and
[18:26.040 --> 18:30.520] phone calls, how to get debt collectors out of your credit report, how to turn the financial
[18:30.520 --> 18:34.280] tables on them and make them pay you to go away.
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[19:05.080 --> 19:30.640] from RoodleLawRadio.com.
[19:30.640 --> 19:48.240] Okay, if we are back, Randy Kelton, RoodleLawRadio on this Friday, the first day of June, 2018,
[19:48.240 --> 20:00.120] and we have Miss Leslie from used to be Pennsylvania, now from Yuma, way down there in the desert.
[20:00.120 --> 20:02.160] Hello, Miss Bad Grandma.
[20:02.160 --> 20:05.000] Hi, how are you?
[20:05.000 --> 20:06.000] I am good.
[20:06.000 --> 20:07.000] How are you doing?
[20:07.000 --> 20:08.000] Back in Texas.
[20:08.000 --> 20:09.000] Oh, you're warm.
[20:09.000 --> 20:15.440] Oh, no, never good thought in Texas.
[20:15.440 --> 20:17.760] That's a bunch of Yankee propaganda.
[20:17.760 --> 20:22.720] All those new services are all Yankees and they're just jealous cause the weather's always
[20:22.720 --> 20:25.720] perfect in Texas.
[20:25.720 --> 20:34.640] They wouldn't lie about that either, okay, what do you have for us today, Miss Leslie?
[20:34.640 --> 20:42.800] Well, you know, Miss Deborah had her hearing last week on her motion for reconsideration
[20:42.800 --> 20:49.720] of that summary judgment against her when she filed it on time.
[20:49.720 --> 20:57.560] When that judge had a time date, he said it's due, the date is for the motion for summary
[20:57.560 --> 21:04.840] judgment was the 24th and all papers, all responses are to be filed by within seven
[21:04.840 --> 21:10.880] days, no sooner than the 24th and filed within seven days following.
[21:10.880 --> 21:18.720] She filed on the 28th and he said she didn't file and when they had the hearing, he said
[21:18.720 --> 21:22.440] that she didn't file on time.
[21:22.440 --> 21:28.560] Now the problem I have with this isn't that she lost the motion for summary judgment,
[21:28.560 --> 21:33.280] but that doesn't that set a precedent for somebody else to have that same problem?
[21:33.280 --> 21:36.160] Oh, hold on, she's not done yet.
[21:36.160 --> 21:43.400] Did she file a request for findings in fact and conclusions at law under Rule 297?
[21:43.400 --> 21:47.720] Is she in the state court of federal?
[21:47.720 --> 21:48.720] State.
[21:48.720 --> 21:49.720] Well, she's both.
[21:49.720 --> 21:50.720] That's the problem.
[21:50.720 --> 21:53.720] That's the other thing I wanted to discuss with you.
[21:53.720 --> 21:57.920] Wait, wait, wait, in this case where the judge made this ruling, is that state or federal
[21:57.920 --> 21:58.920] court?
[21:58.920 --> 21:59.920] State.
[21:59.920 --> 22:00.920] State.
[22:00.920 --> 22:07.880] Okay, then file a request under Rule 297 for findings of fact.
[22:07.880 --> 22:14.120] We did that here and the judge didn't answer, they almost never answered findings of fact
[22:14.120 --> 22:18.400] and I found a way to fix that.
[22:18.400 --> 22:24.680] The 297 says when a request for findings, facts, and conclusions at law is filed, the judge
[22:24.680 --> 22:32.560] shall produce findings, effect, and conclusions at law within 20 days.
[22:32.560 --> 22:37.240] On the 21st day we filed official portion against him.
[22:37.240 --> 22:41.120] Didn't see that coming.
[22:41.120 --> 22:52.000] Well, see, the thing was, the motion for summary judgment was the trustee of the deed of trust
[22:52.000 --> 22:58.000] was the primary plaintiff and didn't respond for like eight months into the case.
[22:58.000 --> 23:01.840] But he filed a motion for summary judgment because there's really nothing addressed
[23:01.840 --> 23:02.840] to him.
[23:02.840 --> 23:07.360] It's actually addressed to the servicer who happens to be SLS.
[23:07.360 --> 23:14.040] So we have no objection to him getting him out of the court case.
[23:14.040 --> 23:19.280] And she did respond, but the response that she gave was sufficient enough to even get
[23:19.280 --> 23:21.480] her quiet title.
[23:21.480 --> 23:30.040] But she, for some reason, he just said she didn't answer at all.
[23:30.040 --> 23:34.040] Okay, petition for written mandamus.
[23:34.040 --> 23:35.040] Yeah.
[23:35.040 --> 23:39.240] I got one, I'll send it to you.
[23:39.240 --> 23:41.440] Okay, that's great.
[23:41.440 --> 23:50.640] Now, we just filed one, and this is summary judgment, it's a dispositive motion.
[23:50.640 --> 23:57.160] It should get a interlocutory appeal, should give notice of interlocutory appeal, and that
[23:57.160 --> 23:59.760] stops everything in the case.
[23:59.760 --> 24:00.760] Okay.
[24:00.760 --> 24:10.760] Now, on this particular quiet title case, it has a judicial foreclosure counterclaim.
[24:10.760 --> 24:19.280] Now, what has happened is that when she put in a motion for reconsideration on the motion...
[24:19.280 --> 24:20.720] Okay, wait, wait, hold on, stop.
[24:20.720 --> 24:29.680] Let me, for everybody listening, a judicial foreclosure counterclaim.
[24:29.680 --> 24:37.840] We're in a de-trust state, so normally an entity who's foreclosing, unless it is a home
[24:37.840 --> 24:43.640] equity loan, doesn't have to go to court, they can just give notice and foreclose.
[24:43.640 --> 24:51.240] But this one has a judicial claim, what's the nature of that claim?
[24:51.240 --> 24:58.280] Okay, actually, I was reading up on that and they said they do this in cases where there
[24:58.280 --> 25:03.520] is a litigious defendant, and they know that they will file a case against them, so they
[25:03.520 --> 25:09.640] do it preemptively, so that they're not a defendant in a home book.
[25:09.640 --> 25:17.680] Has she ever been declared a litigious litigant?
[25:17.680 --> 25:18.680] That's the next question.
[25:18.680 --> 25:24.520] I mean, I haven't yet, she has, but that's only recently in the past month.
[25:24.520 --> 25:25.520] Wow.
[25:25.520 --> 25:26.520] Okay.
[25:26.520 --> 25:33.440] What has happened is that with this Motion for Summary Judgment, they found that they
[25:33.440 --> 25:42.040] dismissed against the trustee, so the two parties remaining are the servicer and her.
[25:42.040 --> 25:50.520] However, the servicer is producing a person as a client that they're servicing for that
[25:50.520 --> 25:53.600] doesn't even exist, this trust doesn't even exist.
[25:53.600 --> 25:59.240] The assignment of mortgage they're depending upon is a forgery on its face.
[25:59.240 --> 26:05.640] You could look at it and tell, because the date of the recording of the trust is after
[26:05.640 --> 26:12.120] the date of the creation and execution of the assignment.
[26:12.120 --> 26:20.320] Okay, did she file criminal charges against them?
[26:20.320 --> 26:23.880] I'm moving more toward that.
[26:23.880 --> 26:28.240] If this is a forgery, you should follow with the grand jury.
[26:28.240 --> 26:30.440] Well, that's our next step.
[26:30.440 --> 26:35.880] We're going to file on behalf of the lawyers, on behalf of the trustee, not the trustee,
[26:35.880 --> 26:43.040] the servicer and the trust that she supposedly has, but the trust isn't even listed in the
[26:43.040 --> 26:44.040] SEC documents.
[26:44.040 --> 26:49.880] They've never filed anything with the SEC and they're not listed on Dunn and Bradstreet.
[26:49.880 --> 26:52.240] They just don't exist.
[26:52.240 --> 26:58.320] You might consider filing a criminal complaint with the local Texas Ranger.
[26:58.320 --> 26:59.320] Okay.
[26:59.320 --> 27:13.960] This is against the judge, so when the Texas Rangers have specific authority to investigate
[27:13.960 --> 27:18.920] charges against public officials and then gets a prosecuting attorney to deny them the
[27:18.920 --> 27:24.120] right to investigate the judge because the judge is acting in concert and collusion with
[27:24.120 --> 27:30.280] acts of aggravated perjury and forgery.
[27:30.280 --> 27:39.360] So charge the judge with a conspiracy with the plaintiff, send it to the Texas Ranger
[27:39.360 --> 27:44.160] and then you get to, when the Texas Ranger refuses to act on it, then you file against
[27:44.160 --> 27:48.920] the Texas Ranger and the director of the Department of Public Safety and bring them all into the
[27:48.920 --> 27:54.760] case so that they get tied up with what's going on.
[27:54.760 --> 27:59.560] It's all political at the end of the day.
[27:59.560 --> 28:07.280] And this stuff of trying to bring law to these corrupt judges, they really don't care.
[28:07.280 --> 28:12.520] The only way we're going to get them to care is to start taking them to task.
[28:12.520 --> 28:15.400] Okay, I keep interrupting you.
[28:15.400 --> 28:16.400] Go ahead.
[28:16.400 --> 28:19.800] Let me finish the story about this one hearing.
[28:19.800 --> 28:22.640] This is what came out of this one hearing.
[28:22.640 --> 28:29.200] She can amend her complaint because they had an intervener so she's adding the last assignee
[28:29.200 --> 28:30.200] of the mortgage.
[28:30.200 --> 28:36.520] The assignment of mortgage they're depending upon that is a forgery resided 2004.
[28:36.520 --> 28:43.080] There have been six assignments since then, four of them adjudicated in federal court.
[28:43.080 --> 28:51.360] The last one was to Contrawide Home Loan Inc. in 2015.
[28:51.360 --> 28:53.560] Do they exist still?
[28:53.560 --> 28:57.520] No, they haven't exist since 2009.
[28:57.520 --> 29:01.800] So they're assigned to a non-existent company?
[29:01.800 --> 29:09.880] Bank of America, I'm not talking about the Bank of America entity that was Contrawide
[29:09.880 --> 29:19.400] Home Loan Servicing Inc., no, or there was another one called Contrawide Home Loan Servicing
[29:19.400 --> 29:30.000] LLC as Bank of America, no, this is the original Contrawide Home Loan Inc.
[29:30.000 --> 29:39.200] It went bankrupt in 2009 and went dissolved and it was assigned in 2015.
[29:39.200 --> 29:41.560] So we added them to the client.
[29:41.560 --> 29:44.840] Hang on, hang on, about to go to break.
[29:44.840 --> 30:00.960] Randy Kelton, rule of law radio on this the first day of June 2018, we'll be right back.
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[33:10.880 --> 33:37.200] Okay, Randy Kelton Rule of Law Radio on this Friday, the first day of June 2018 and we're
[33:37.200 --> 33:46.680] talking to Leslie in Pennsylvania, okay, has she addressed the issue of the filing to a
[33:46.680 --> 33:52.520] non-existent company in either the state or the federal court?
[33:52.520 --> 33:53.520] No.
[33:53.520 --> 33:54.520] Oh, okay.
[33:54.520 --> 33:58.520] When they said it, we said it was Resjudicata.
[33:58.520 --> 34:03.520] Okay, they said it's Resjudicata.
[34:03.520 --> 34:07.040] How did they say it was Resjudicata?
[34:07.040 --> 34:12.560] They said that because the earlier assignments were Resjudicata, then any subsequent assignments
[34:12.560 --> 34:15.560] had to be Resjudicata.
[34:15.560 --> 34:19.960] Where did they come up with the law to support that?
[34:19.960 --> 34:22.200] I don't know.
[34:22.200 --> 34:25.640] But anyway, that was never in a final judgment.
[34:25.640 --> 34:26.640] Okay.
[34:26.640 --> 34:27.640] That's something.
[34:27.640 --> 34:28.640] Go ahead.
[34:28.640 --> 34:36.520] We have a lot of different things going on here.
[34:36.520 --> 34:38.640] She's a very confusing case.
[34:38.640 --> 34:47.640] The order that came out so far is that ReconTrust is no longer part of the quiet title, that
[34:47.640 --> 34:56.000] there is a stay in place on the quiet title and on the judicial foreclosure until she's
[34:56.000 --> 35:01.400] finished with the United States Court of Appeals and the Fifth Circuit in Louisiana and the
[35:01.400 --> 35:07.560] Eastern District of Texas Sherman Division appeal for the bankruptcy court.
[35:07.560 --> 35:08.560] Okay.
[35:08.560 --> 35:11.560] What's before the Fifth?
[35:11.560 --> 35:12.560] Okay.
[35:12.560 --> 35:15.560] That's another interesting thing.
[35:15.560 --> 35:19.880] She filed an appeal from a bankruptcy decision into the district court.
[35:19.880 --> 35:26.720] She put it in the mail about a week before it was due.
[35:26.720 --> 35:34.880] It didn't arrive to the bankruptcy court until 13 days later.
[35:34.880 --> 35:40.040] In the district court, in the court of appeal, in the district court, they just threw out
[35:40.040 --> 35:45.040] her appeal because they said it was not timely filed.
[35:45.040 --> 35:49.560] When she talked to the post office, they said it is timely filed because there's laws on
[35:49.560 --> 35:57.040] the books in Texas that anything filed in the mail, in the United States Postal Service,
[35:57.040 --> 36:02.120] is the same as filed in the court, and that goes for state and federal candidates.
[36:02.120 --> 36:04.120] That's the post office rule.
[36:04.120 --> 36:07.440] No, it's a state law.
[36:07.440 --> 36:08.440] I looked it up.
[36:08.440 --> 36:09.440] Yeah, yeah.
[36:09.440 --> 36:10.920] It's the post office rule.
[36:10.920 --> 36:11.920] That's what it's called.
[36:11.920 --> 36:12.920] Yeah.
[36:12.920 --> 36:19.800] And it's in the rules of civil procedure, and it's in a regular state statute.
[36:19.800 --> 36:20.800] Yes.
[36:20.800 --> 36:27.440] But they threw it out, so we appealed, and that's in the Fifth Circuit.
[36:27.440 --> 36:29.440] We have to go through that.
[36:29.440 --> 36:30.440] Okay.
[36:30.440 --> 36:33.600] Now I have to find out everything to know about that.
[36:33.600 --> 36:34.600] Okay.
[36:34.600 --> 36:40.480] This was in a federal court, so the federal court doesn't have to pay attention to the
[36:40.480 --> 36:44.920] state court, state laws.
[36:44.920 --> 36:51.760] Did you get the tracking from the post office?
[36:51.760 --> 36:57.200] She not only got the tracking, but she got a certification that it was mailed on the
[36:57.200 --> 36:58.200] date.
[36:58.200 --> 37:01.600] No, what does the tracking say about when it was actually delivered?
[37:01.600 --> 37:04.800] Oh, it was delivered when they say it was delivered.
[37:04.800 --> 37:05.800] It was 13 days.
[37:05.800 --> 37:07.800] It got stuck in the mail.
[37:07.800 --> 37:14.320] Oh, okay, so that should get an excusable error.
[37:14.320 --> 37:17.920] Yeah.
[37:17.920 --> 37:19.920] And they denied that.
[37:19.920 --> 37:20.920] Yeah.
[37:20.920 --> 37:29.640] That should get a, okay, that should get a interlocutory appeal, and I take that that's what she
[37:29.640 --> 37:30.640] did.
[37:30.640 --> 37:31.640] She appealed that rule.
[37:31.640 --> 37:32.640] Yes.
[37:32.640 --> 37:33.640] Okay.
[37:33.640 --> 37:34.640] Okay.
[37:34.640 --> 37:38.840] Okay, what's appealed in the state court of appeals?
[37:38.840 --> 37:39.840] Okay.
[37:39.840 --> 37:42.440] Hold on, hold on, forgo that.
[37:42.440 --> 37:46.440] Is that the only thing that's appealed in the fifth?
[37:46.440 --> 37:50.560] In the fifth, that's it, because we wouldn't entertain anything else.
[37:50.560 --> 37:56.360] He just said, this case is dismissed, wasn't filed timely, that's it, I'm done.
[37:56.360 --> 37:58.800] So we got that done.
[37:58.800 --> 38:04.840] So now in the Eastern District Attempts of Sherman Division, she had two adversarial
[38:04.840 --> 38:07.760] actions that she filed with the bankruptcy court.
[38:07.760 --> 38:13.440] The first one is what has resulted in the Court of Appeals in the Fifth Circuit.
[38:13.440 --> 38:21.120] The second one, now we just have prepared a brief file, and they threw that out, even
[38:21.120 --> 38:30.680] though one week we filed against the servicer was the first one, and the second one we filed
[38:30.680 --> 38:36.920] because the first one was filed before they filed the claim into the court.
[38:36.920 --> 38:46.040] The second one we filed against the trust that doesn't even exist, and we filed, you
[38:46.040 --> 38:50.080] know, that against their claim that they put into the bankruptcy case.
[38:50.080 --> 38:54.320] Okay, did the trust that doesn't exist respond?
[38:54.320 --> 39:02.080] Yeah, they're the same attorneys that are representing the whole, everybody that she's
[39:02.080 --> 39:03.080] against.
[39:03.080 --> 39:06.000] Did you file criminally against the attorneys?
[39:06.000 --> 39:10.000] Oh, she's going, we've got that all?
[39:10.000 --> 39:16.320] You need to file those almost immediately, instead of waiting and letting the criminal
[39:16.320 --> 39:20.240] complaints build up, file them immediately.
[39:20.240 --> 39:26.440] Makes it going to make it a lot harder for them to call her a dexatious litigant when
[39:26.440 --> 39:31.920] she's bringing criminal accusations all along the way to document the improper behavior
[39:31.920 --> 39:33.920] of the courts.
[39:33.920 --> 39:36.040] Okay.
[39:36.040 --> 39:42.680] And one thing to make a note on, and this is something I didn't know about until recently
[39:42.680 --> 39:50.440] in the Lannister Rule 297, anytime a court makes a ruling and doesn't give you findings
[39:50.440 --> 39:58.000] of facts and conclusions that law you must request them in order to preserve the error,
[39:58.000 --> 40:00.000] otherwise you waive it.
[40:00.000 --> 40:01.000] Okay.
[40:01.000 --> 40:05.600] Because in the motion for summary judgment, even if she doesn't answer, they're supposed
[40:05.600 --> 40:10.480] to look over the entire case and take from that, right?
[40:10.480 --> 40:11.480] Yes.
[40:11.480 --> 40:18.160] They're supposed to look at the case and see if the other side has made a case that
[40:18.160 --> 40:23.840] they could make a claim from which recovery can be had.
[40:23.840 --> 40:30.280] Even if it's not answered and the claim is insufficient, then the judge could dismiss
[40:30.280 --> 40:32.280] it anyway.
[40:32.280 --> 40:33.280] Okay.
[40:33.280 --> 40:34.280] All right.
[40:34.280 --> 40:40.960] Now, the other thing is, okay, we've got those two.
[40:40.960 --> 40:41.960] Okay.
[40:41.960 --> 40:47.840] This is the other thing that she has in her quiet title action.
[40:47.840 --> 40:54.240] In 2012, she put a notice online, you know, the filed, because they wouldn't let you file
[40:54.240 --> 40:59.160] it in the court clerks, you know, in the county clerk's office, but she filed it online.
[40:59.160 --> 41:09.000] And then she had a republic survey on the party, on the law firm that was representing
[41:09.000 --> 41:18.280] the recon trust and the people that had been assigned the mortgage, the deed of trust.
[41:18.280 --> 41:29.640] And what it said was, within 45 days, if you have a claim against Deborah or her property,
[41:29.640 --> 41:36.600] you must file that claim to be proven and paid.
[41:36.600 --> 41:41.600] And that was under UCC.
[41:41.600 --> 41:42.600] Yeah.
[41:42.600 --> 41:50.600] So, I told her, I said, you have to file them a notice of default, she did, and then a notice
[41:50.600 --> 41:51.600] to cure.
[41:51.600 --> 42:00.200] And the notice of default says, look, you didn't respond, so now you have to give me my deed
[42:00.200 --> 42:06.560] of trust back because you don't have a claim anymore because it said failure to do so,
[42:06.560 --> 42:10.720] result in waiver of claim.
[42:10.720 --> 42:16.440] If you have a claim and you don't present it in 45 days, you don't have a claim anymore.
[42:16.440 --> 42:17.440] Right?
[42:17.440 --> 42:18.440] Interesting.
[42:18.440 --> 42:28.720] You know, I'm not that up on UCC, but UCC does apply here.
[42:28.720 --> 42:29.720] Yeah.
[42:29.720 --> 42:34.320] You know, we have people calling in who want to use UCC in criminal cases and it doesn't
[42:34.320 --> 42:35.320] apply there.
[42:35.320 --> 42:41.120] But this is civil, this is contract, and it definitely applies in contract law.
[42:41.120 --> 42:48.440] So if you know that there's a request for proof and payment and they don't file it,
[42:48.440 --> 42:52.840] it means they don't want their money, and it says right in there that failure to do
[42:52.840 --> 42:57.640] that would waiver any claims that you have.
[42:57.640 --> 43:01.800] And has she made up a filing on that claim yet?
[43:01.800 --> 43:04.040] Oh, yes.
[43:04.040 --> 43:11.880] She put that in the response to the motion for summary judgment and she put that in the
[43:11.880 --> 43:16.920] new amended complaint as to the servicer and country-wide.
[43:16.920 --> 43:17.920] Okay.
[43:17.920 --> 43:27.000] So the claims are still before the court, even though she was denied the summary judgment.
[43:27.000 --> 43:32.200] She just asked for a summary ruling on the claims and was denied the summary ruling on
[43:32.200 --> 43:35.720] procedural ground, but the claims are still before the court.
[43:35.720 --> 43:38.040] No, no, no.
[43:38.040 --> 43:43.240] The trustee of the deed of trust asked for the motion for summary judgment because they
[43:43.240 --> 43:44.720] didn't want to be part of the case.
[43:44.720 --> 43:46.760] So the judge just let them out.
[43:46.760 --> 43:48.280] That's the only thing it affected.
[43:48.280 --> 43:49.560] Oh, okay.
[43:49.560 --> 43:52.200] So these claims are still before the court?
[43:52.200 --> 43:53.200] Yes.
[43:53.200 --> 43:54.200] Oh, good.
[43:54.200 --> 43:55.200] Okay.
[43:55.200 --> 44:00.040] She could file a petition for declaratory judge?
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[46:22.960 --> 46:32.960] Okay, we are back.
[46:32.960 --> 46:36.960] Randy Kelton, rule of law radio, and we're talking to Leslie in Pennsylvania.
[46:36.960 --> 46:38.960] There we go.
[46:38.960 --> 46:40.960] Okay, go ahead, Leslie.
[46:40.960 --> 46:44.960] Okay, you said about a declaratory judgment.
[46:44.960 --> 46:48.960] Yes, this is neat for declaratory judgment.
[46:48.960 --> 46:52.960] So, I'm not sure how it works.
[46:52.960 --> 47:00.960] You might be able to file an amended claim or just a separate claim for declaratory.
[47:00.960 --> 47:02.960] I'm not sure how that would work.
[47:02.960 --> 47:10.960] These lawyers that I've come across, none of them know what a declaratory judgment suit is.
[47:10.960 --> 47:19.960] I filed for declaratory judgment, and they always treated it like a claim,
[47:19.960 --> 47:23.960] and they filed a motion to dismiss for favor of state of claim.
[47:23.960 --> 47:27.960] With declaratory judgment, it doesn't have a claim.
[47:27.960 --> 47:29.960] There is no claim.
[47:29.960 --> 47:31.960] Is it a decision?
[47:31.960 --> 47:37.960] Judge McBride dismissed it with prejudice because I didn't make a claim.
[47:37.960 --> 47:40.960] I filed criminal charges against him.
[47:40.960 --> 47:42.960] Oh, that was fun.
[47:42.960 --> 47:52.960] Okay, but if you're in a case, I think you can still petition for declaratory judgment on this issue.
[47:52.960 --> 47:55.960] Do you do it on a petition or a motion?
[47:55.960 --> 47:57.960] Now, see, that's the thing.
[47:57.960 --> 48:02.960] With this case being stayed, and I told her, I said, you know, when the lawyers ask for anything,
[48:02.960 --> 48:05.960] it's never in your favor, and it's never good for you.
[48:05.960 --> 48:12.960] They asked for a stay of all matters until the courts of appeals are finished,
[48:12.960 --> 48:18.960] and the judge ordered that the case is stayed until final judgment is entered in all contested matters
[48:18.960 --> 48:25.960] and adversary proceedings, as well as all appeals they're from arising out of.
[48:25.960 --> 48:29.960] Yeah, they're expecting resduticata.
[48:29.960 --> 48:31.960] Exactly.
[48:31.960 --> 48:39.960] That's not in, that their latches is not in the resduticata.
[48:39.960 --> 48:41.960] You understand what I'm saying?
[48:41.960 --> 48:44.960] You said their latches?
[48:44.960 --> 48:48.960] Well, they sat on their claims so that I have none.
[48:48.960 --> 48:50.960] That's latches, isn't it?
[48:50.960 --> 48:56.960] Well, they can't sit on their claims once they're in court.
[48:56.960 --> 49:01.960] They would see the statute of limitations prior to court.
[49:01.960 --> 49:14.960] Yeah, well, in 2012, they had 45 days in 2012 to file their claim into the federal court.
[49:14.960 --> 49:20.960] She already had a case open, and she was in that case until 2014,
[49:20.960 --> 49:25.960] and they never filed a claim in that court, not in 45 days, not ever.
[49:25.960 --> 49:27.960] Did you file a...
[49:27.960 --> 49:30.960] Okay, this would go for...
[49:30.960 --> 49:32.960] Okay, hold on.
[49:32.960 --> 49:37.960] You're talking about the 45-day claim under UCC?
[49:37.960 --> 49:38.960] Yes.
[49:38.960 --> 49:39.960] Okay.
[49:39.960 --> 49:45.960] Has she filed any claim for adjudication of that issue?
[49:45.960 --> 49:46.960] No.
[49:46.960 --> 49:47.960] Well, it's in the...
[49:47.960 --> 49:49.960] Like I said, it's in the Motion for Summary Judgment,
[49:49.960 --> 49:52.960] on the response to the Motion for Summary Judgment,
[49:52.960 --> 49:55.960] and it was also in her amended complaint.
[49:55.960 --> 49:57.960] She didn't realize that would save her.
[49:57.960 --> 50:00.960] She thought it was just something somebody told her to do.
[50:00.960 --> 50:02.960] Yeah, that could save her, absolutely.
[50:02.960 --> 50:03.960] So, it's in...
[50:03.960 --> 50:08.960] She has it in an amended complaint, so it's still in front of court.
[50:08.960 --> 50:09.960] Yes.
[50:09.960 --> 50:15.960] And statute of limitations is not a bar.
[50:15.960 --> 50:20.960] It's an affirmative defense, and you have to claim it,
[50:20.960 --> 50:23.960] but she did claim it.
[50:23.960 --> 50:29.960] So, she could ask for some adjustment on that.
[50:29.960 --> 50:32.960] Oh, she denied one.
[50:32.960 --> 50:38.960] She could ask for a declaratory adjustment.
[50:38.960 --> 50:40.960] Well, hold on.
[50:40.960 --> 50:46.960] We just had a sever, a sever and render.
[50:46.960 --> 50:50.960] That is separate from everything else.
[50:50.960 --> 50:56.960] You could move to sever and render.
[50:56.960 --> 51:00.960] Look up severance.
[51:00.960 --> 51:06.960] That particular issue has no facts in common with anything else.
[51:06.960 --> 51:08.960] It's all by itself.
[51:08.960 --> 51:10.960] She sent in the request.
[51:10.960 --> 51:12.960] They didn't respond.
[51:12.960 --> 51:16.960] The fact set for that issue has nothing to do with anything else.
[51:16.960 --> 51:21.960] Follow a motion to sever and render.
[51:21.960 --> 51:25.960] While everything else has stayed on a sever and render,
[51:25.960 --> 51:29.960] this other issue can be heard.
[51:29.960 --> 51:30.960] Oh.
[51:30.960 --> 51:32.960] Oh?
[51:32.960 --> 51:34.960] Did she justify a motion for sever and render?
[51:34.960 --> 51:35.960] To what?
[51:35.960 --> 51:37.960] To countrywide?
[51:37.960 --> 51:43.960] No, to the court and ask the court to sever this special issue
[51:43.960 --> 51:49.960] because it has no facts in common with the rest of the case.
[51:49.960 --> 51:50.960] That it's a...
[51:50.960 --> 51:52.960] The bankruptcy court or any other claims, yes.
[51:52.960 --> 51:54.960] It's a separate claim.
[51:54.960 --> 52:02.960] Ask them to sever and render.
[52:02.960 --> 52:06.960] That might jerk a knot in their shorts.
[52:06.960 --> 52:12.960] Deceber and render that one issue so that we can get a decision on that.
[52:12.960 --> 52:13.960] Yes.
[52:13.960 --> 52:15.960] And that might close the whole case out.
[52:15.960 --> 52:23.960] Yeah, and it could be dispositive of that litigant.
[52:23.960 --> 52:24.960] Yeah.
[52:24.960 --> 52:30.960] And if that litigant is key, then it could be dispositive of the whole case.
[52:30.960 --> 52:35.960] Yeah, but would she get a quiet title out of it?
[52:35.960 --> 52:36.960] I don't know.
[52:36.960 --> 52:40.960] It's just what's in...she could get a quiet title out of it.
[52:40.960 --> 52:41.960] Yeah.
[52:41.960 --> 52:46.960] If she gets that, then everything else becomes moot.
[52:46.960 --> 52:47.960] Right.
[52:47.960 --> 52:49.960] Okay.
[52:49.960 --> 52:55.960] That might be a nice maneuver to pull on.
[52:55.960 --> 52:59.960] Because I was telling her, I said, you know, in this fifth circuit,
[52:59.960 --> 53:03.960] the fifth circuit is only about the timeliness of the appeal.
[53:03.960 --> 53:09.960] So when that goes back to the Eastern District of Texas Sherman Division,
[53:09.960 --> 53:13.960] then they have to go through the whole thing with the pleadings and everything.
[53:13.960 --> 53:17.960] And it's going to take at least another year before you see anything from that.
[53:17.960 --> 53:22.960] And if it goes against her, then it's going to go back up to the fifth circuit again.
[53:22.960 --> 53:27.960] And then if they granted the severance and render, then...
[53:27.960 --> 53:33.960] And she got a positive ruling, all of this other litigation would become moot,
[53:33.960 --> 53:37.960] and it would save the courts all this time and trouble.
[53:37.960 --> 53:42.960] The only appeal they would have would be on the severance and render.
[53:42.960 --> 53:46.960] They'd certainly get one from the bank.
[53:46.960 --> 53:48.960] Yeah.
[53:48.960 --> 53:58.960] So we want to sever that one issue as it applies to the servicer or the trust,
[53:58.960 --> 54:00.960] or as it applies to everybody.
[54:00.960 --> 54:10.960] Well, it applies to whoever had a duty to respond.
[54:10.960 --> 54:13.960] Who would you send the letter to?
[54:13.960 --> 54:18.960] Well, I sent it to the law firm who was representing all of the parties.
[54:18.960 --> 54:24.960] Then who did you address it to? All of the parties?
[54:24.960 --> 54:29.960] It was a public notice to anybody that either owed her money...
[54:29.960 --> 54:36.960] Oh, okay. So all the parties with a claim were given notice who had that lawyer.
[54:36.960 --> 54:39.960] So it applies to all of them.
[54:39.960 --> 54:42.960] Yeah.
[54:42.960 --> 54:50.960] So you can argue that severance would go to declaratory judgment,
[54:50.960 --> 54:57.960] which is much more efficient, and could render all of this litigation moot,
[54:57.960 --> 55:03.960] and would be very judicially efficient.
[55:03.960 --> 55:10.960] Mm-hmm.
[55:10.960 --> 55:12.960] Yeah.
[55:12.960 --> 55:15.960] It's worth a shot.
[55:15.960 --> 55:21.960] Because I'm looking at this order that he sent for stay until final judgment.
[55:21.960 --> 55:29.960] You know, that is really strange.
[55:29.960 --> 55:37.960] And we have to sever the quiet title from the UCC claim.
[55:37.960 --> 55:40.960] Yes. The notice claim.
[55:40.960 --> 55:46.960] To sever out the UCC claim and petition for declaratory judgment on that.
[55:46.960 --> 55:52.960] It's nice and quick, clean, and efficient, and everything goes away.
[55:52.960 --> 55:56.960] I'm sure they're going to jump up and down and rail and have a big fight about it,
[55:56.960 --> 56:00.960] but you got a shot at it.
[56:00.960 --> 56:03.960] Yeah, that's worth looking into then.
[56:03.960 --> 56:07.960] Okay. So we've got to get busy on those.
[56:07.960 --> 56:14.960] We started the criminal complaint that I think we just should buy all different ones for each item
[56:14.960 --> 56:16.960] and just get going on them.
[56:16.960 --> 56:17.960] Okay.
[56:17.960 --> 56:20.960] This is the whole process for that.
[56:20.960 --> 56:24.960] And right now my call boards are empty,
[56:24.960 --> 56:27.960] and we're going into the second hour.
[56:27.960 --> 56:32.960] So I'm going to go ahead and shut the phone bridge off.
[56:32.960 --> 56:35.960] And when we come back in the next hour,
[56:35.960 --> 56:44.960] I'm going to go through due process and a strategy for setting up the Texas Rangers
[56:44.960 --> 56:49.960] and using them to bring pressure on these public officials.
[56:49.960 --> 56:54.960] I'll go through the whole routine on how to do that.
[56:54.960 --> 56:57.960] And I've been wanting to go back through due process anyway,
[56:57.960 --> 57:02.960] and I had a whole bunch of people who were going to call, and nobody has.
[57:02.960 --> 57:09.960] So this is a good time to go ahead and do a couple of hours on due process.
[57:09.960 --> 57:13.960] And we'll go through that whole strategy.
[57:13.960 --> 57:17.960] If we're going to beat them, we're going to do it with politics.
[57:17.960 --> 57:19.960] We're not going to do it with law.
[57:19.960 --> 57:21.960] And that's been consistent.
[57:21.960 --> 57:24.960] Of course, it's been doing whatever they want to.
[57:24.960 --> 57:29.960] And nobody's been taking the courts to task.
[57:29.960 --> 57:32.960] And I think it's time we did.
[57:32.960 --> 57:39.960] We just had a motion to recuse this judge indicator.
[57:39.960 --> 57:46.960] And this head administrative judge at the district who always rules against process
[57:46.960 --> 57:51.960] might actually rule in these people's favor.
[57:51.960 --> 58:00.960] Because he told the lawyers in court that they were not going to sandbag this people in his court.
[58:00.960 --> 58:05.960] And when Judge Evans said that, I was astounded.
[58:05.960 --> 58:13.960] Sounded like he was feeling the pressure because we've been filing criminal charges against the district judge.
[58:13.960 --> 58:18.960] And they may be feeling the heat.
[58:18.960 --> 58:24.960] If we're going to beat these guys, I think the real key to beating them is going to be grand juries.
[58:24.960 --> 58:28.960] And the prosecutor is going to try to stop you from getting to the grand jury.
[58:28.960 --> 58:31.960] And I'll show you how to set him up.
[58:31.960 --> 58:38.960] We're trying to set up the Texas Rangers to get them away from the district attorney.
[58:38.960 --> 58:41.960] And I'll explain how we're going to do that when we come back on the other side.
[58:41.960 --> 58:43.960] This is Randy Kelton.
[58:43.960 --> 58:49.960] We're going to do the law radio. I'm not going to give out the calling number or shutouts to call boards. We'll be right back.
[58:49.960 --> 58:53.960] Would you like to make more definite progress in your walk with God?
[58:53.960 --> 59:00.960] Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:00.960 --> 59:05.960] The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:05.960 --> 59:12.960] It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:12.960 --> 59:17.960] The free books are a three volume set called Basic Elements of the Christian Life.
[59:17.960 --> 59:26.960] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:26.960 --> 59:39.960] To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:39.960 --> 59:49.960] That's 888-551-0102. Or visit us online at bfa.org.
[01:00:09.960 --> 01:00:22.960] Today's history, news updates and the inside scoop into the tides of the alternative.
[01:00:22.960 --> 01:00:33.960] Markets for the 11th of April 2018 close with gold $1,353.22 an ounce, silver $16.68 an ounce, Texas crude $65.51 a barrel,
[01:00:33.960 --> 01:00:54.960] Bitcoins at $6,902.19, Ethereum at $420.80, Bitcoin Cash at $652.90, and finally Litecoins at $114.34 a crypto coin.
[01:00:54.960 --> 01:01:07.960] Today in History, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act of 1968, which prohibited private businesses from discriminating based on race, color, religion, sex, or national origin.
[01:01:07.960 --> 01:01:17.960] It also prohibited unequal application of voter registration requirements, racial segregation in public schools, and employment, and public accommodations for places of business.
[01:01:17.960 --> 01:01:31.960] Today in History. In recent news, tensions in Syria seem to reach new levels after a chemical attack on civilians in the city of Douma, which left 40 dead and many injured.
[01:01:31.960 --> 01:01:38.960] An attack which is being blamed on the democratically elected president of Syria, Bashar al-Assad, by the United States and on Israel by Russia,
[01:01:38.960 --> 01:01:42.960] either accusatory narrative without any verified evidence as of yet.
[01:01:42.960 --> 01:01:48.960] President Trump tweeted today Wednesday that if, quote, Russia vows to shoot down any and all missiles fired at Syria,
[01:01:48.960 --> 01:01:52.960] get ready, Russia, because they will be coming in nice and new and smart.
[01:01:52.960 --> 01:01:57.960] Going on to warn Russia that you shouldn't be partners with a gas-killing animal who kills his people and enjoys it.
[01:01:57.960 --> 01:02:05.960] Many in the West, including President Trump, have been quick to conclude that this chemical attack must have been conducted by Assad and his forces.
[01:02:05.960 --> 01:02:14.960] Syria and Russia, on the other hand, have given approval since yesterday for the organization for the prohibition of chemical weapons to investigate the sign of the chemical slaughter.
[01:02:14.960 --> 01:02:23.960] Assad has been successful in maintaining rule and support during Syria's seven-year civil war, a civil war that is being fought by the government of Syria and anti-Assad Syrian rebels
[01:02:23.960 --> 01:02:31.960] that are openly being funded by Western governments, with ISIS being one of the more notorious swimmer groups of the American-backed Syrian rebels.
[01:02:31.960 --> 01:02:39.960] No surprise, then, why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook that smart missiles should be fired at terrorists
[01:02:39.960 --> 01:02:43.960] and not at a legitimate government, which has been fighting terrorists.
[01:02:43.960 --> 01:02:50.960] Or is this a trick to destroy all traces with a smart missile strike, and then there will be no evidence for international inspectors to look at?
[01:02:50.960 --> 01:03:04.960] This was quick roadie with your lowdown for April 11, 2018.
[01:03:04.960 --> 01:03:11.960] It's all according to the will of the Almighty.
[01:03:11.960 --> 01:03:24.960] OK, we are back. Randy Kelton, rule of our radio, and I'm going to leave the phone bridges off.
[01:03:24.960 --> 01:03:31.960] What I've been wanting to do this for a long time is a presentation on due process.
[01:03:31.960 --> 01:03:36.960] I won't go through all of the stuff I have in the e-book.
[01:03:36.960 --> 01:03:42.960] A lot of this is appropriate, but I'll go through a few of them.
[01:03:42.960 --> 01:03:48.960] We have, for a long time, been trying to find remedies in the courts.
[01:03:48.960 --> 01:03:55.960] And people go to the courts and they feel like they get screwed around in the comeback, and they're frustrated.
[01:03:55.960 --> 01:04:01.960] They feel, primarily, they feel betrayed.
[01:04:01.960 --> 01:04:08.960] And the first response to betrayal tends to be anger, and then frustration, and then depression.
[01:04:08.960 --> 01:04:12.960] And then you tend to just kind of give up what's the use.
[01:04:12.960 --> 01:04:18.960] They're not going to do anything you want them to or they're required to anyway.
[01:04:18.960 --> 01:04:25.960] And for me, that's been a problem for a long time, working out a way to try to fix it.
[01:04:25.960 --> 01:04:37.960] I was guilty, like most, of having this expectation that if you brought the right arguments to the court, the court would rule in your favor.
[01:04:37.960 --> 01:04:44.960] And it took a long time for me to accept that that is just not the case.
[01:04:44.960 --> 01:04:51.960] The judges do not care what the law says. It is absolutely clear.
[01:04:51.960 --> 01:04:55.960] They will rule however they want to rule.
[01:04:55.960 --> 01:05:01.960] Not only do they not care what the law is, for the most part, they don't know what it is.
[01:05:01.960 --> 01:05:04.960] They just rule however they feel like it.
[01:05:04.960 --> 01:05:12.960] And that's why we set up statutory laws to get away from common law courts, to get away from judges ruling however they felt like it.
[01:05:12.960 --> 01:05:18.960] And generally, the way they feel like ruling is for the person who gives them the most money.
[01:05:18.960 --> 01:05:22.960] So, how do we fix it?
[01:05:22.960 --> 01:05:30.960] We have to come to the court as the master of the servant and not as the victim.
[01:05:30.960 --> 01:05:35.960] When we walk in the court, the court serves us.
[01:05:35.960 --> 01:05:41.960] I don't care what the judge's opinion is. I don't care what he likes. I don't care what he doesn't like.
[01:05:41.960 --> 01:05:48.960] I go into court and the judge gives me a couple of words I don't like. I'll call 911 and ask them to arrest him.
[01:05:48.960 --> 01:05:53.960] Drag him down off that bench. He can't conduct himself in a professional and business-like manner.
[01:05:53.960 --> 01:05:59.960] Get yourself off that bench and get yourself replaced by somebody who can.
[01:05:59.960 --> 01:06:10.960] This is a state of mind. I'm trying to find a way to help people understand that we can actually have.
[01:06:10.960 --> 01:06:13.960] And should have.
[01:06:13.960 --> 01:06:19.960] When you walk into a courthouse, you should have two hats with you.
[01:06:19.960 --> 01:06:22.960] One is your litigants hat.
[01:06:22.960 --> 01:06:30.960] You can't come in to litigate your case, but when one of your public officials steps half inch across one of your legal lines,
[01:06:30.960 --> 01:06:39.960] you take off that litigants hat, you put on your master's hat, and you take your public servants to task.
[01:06:39.960 --> 01:06:43.960] And here's how we do it.
[01:06:43.960 --> 01:06:53.960] The one thing there is no immunity for is committing criminal acts.
[01:06:53.960 --> 01:06:58.960] The judges think they have absolute immunity, so do prosecutors.
[01:06:58.960 --> 01:07:05.960] And the police feel they have absolute immunity because they'll be protected by the judges and the prosecutors.
[01:07:05.960 --> 01:07:09.960] So how do we get around this stuff?
[01:07:09.960 --> 01:07:16.960] Well, go back to Ken's four rules, the first of which is everything is political.
[01:07:16.960 --> 01:07:27.960] You can never expect to win your case simply because you have the law and the facts on your side.
[01:07:27.960 --> 01:07:35.960] I have been saying you will never win your case, but that's not 100% true.
[01:07:35.960 --> 01:07:46.960] There may be a rare occasion where the judge is mad at the police officer or mad at the prosecutor and gives somebody a win just to pay him back.
[01:07:46.960 --> 01:07:50.960] But if you do win your case, it's almost never going to be about you.
[01:07:50.960 --> 01:07:53.960] It's going to be about some other political nonsense going on.
[01:07:53.960 --> 01:08:00.960] You can never expect to win your case simply because you have the law and the facts on your side.
[01:08:00.960 --> 01:08:04.960] To think so is naive.
[01:08:04.960 --> 01:08:13.960] It is not that way now, never has been that way since we've had human beings as judges.
[01:08:13.960 --> 01:08:20.960] Don't know if God created man or not, but if he didn't, he created us horribly flawed.
[01:08:20.960 --> 01:08:30.960] And we have laws in place to protect us from the flaws in the human nature.
[01:08:30.960 --> 01:08:36.960] And most people like to think we have those laws in place that are actually there to protect us.
[01:08:36.960 --> 01:08:38.960] Well, actually they're not.
[01:08:38.960 --> 01:08:46.960] Our legislators and our politicians put those laws in place to protect themselves against other politicians.
[01:08:46.960 --> 01:08:55.960] They know there are stinking lines, no good scoundrels, and they know the other guy is too.
[01:08:55.960 --> 01:09:04.960] So they need protections against these other guys, so they put these protections in place, but fortunately you and I get to use them.
[01:09:04.960 --> 01:09:07.960] But we haven't been using them.
[01:09:07.960 --> 01:09:09.960] Now it's time we started.
[01:09:09.960 --> 01:09:23.960] When I walk into the courthouse, especially in jurisdictions that know me, the word is, when that dirty rotten scoundrel Calton comes in your courtroom or courthouse,
[01:09:23.960 --> 01:09:31.960] watch out, he's going to try to get you to do something so he can call 911 and try to get you arrested.
[01:09:31.960 --> 01:09:35.960] Everything he's doing is setting you up.
[01:09:35.960 --> 01:09:40.960] And that's what I am. I have this rule.
[01:09:40.960 --> 01:09:47.960] Never ask a public official to do anything you actually want them to do.
[01:09:47.960 --> 01:09:55.960] Because you never ask a public official to do anything that the law does not command them to do.
[01:09:55.960 --> 01:10:09.960] So that when they fail to perform the duty they're required to perform or exert or purport to exert an authority they do not express they have, well they stick to your tort, baby.
[01:10:09.960 --> 01:10:15.960] That's a class aim this to me in the state of Texas, next thing to a felony.
[01:10:15.960 --> 01:10:20.960] I'd like to take them on and create lots of politics.
[01:10:20.960 --> 01:10:33.960] If somebody does something really horrible, I had a bailiff drag me down the stairs once to keep me from filing criminal charges with the grand jury against the district attorney,
[01:10:33.960 --> 01:10:44.960] shove me out the door, knock me down my feet slipped out from under me, I fell down, landed on the elbow on a granite step and broke my elbow.
[01:10:44.960 --> 01:10:51.960] Now that really hurt. But I didn't go after the bailiff.
[01:10:51.960 --> 01:10:57.960] But I went after the bailiff. That would have ruined his career.
[01:10:57.960 --> 01:11:11.960] It was improper of him. Now he shouldn't have done that, but I wasn't willing to ruin a 20 year career over the fact that I pushed him over the edge.
[01:11:11.960 --> 01:11:16.960] And I did push him over the edge, and I had a way of doing that.
[01:11:16.960 --> 01:11:22.960] I like to go after minor piddling stuff.
[01:11:22.960 --> 01:11:27.960] My purpose is not retribution, is not to harm someone.
[01:11:27.960 --> 01:11:34.960] If you set about trying to harm someone, it will always end badly for you.
[01:11:34.960 --> 01:11:41.960] It's just one of those immutable laws of nature. It just ends badly.
[01:11:41.960 --> 01:11:51.960] You always try to correct them, get them to adjust their behaviors rather than get rid of them.
[01:11:51.960 --> 01:11:56.960] We could get rid of all the public officials we've got, replace them all, we'd be in the same spot.
[01:11:56.960 --> 01:12:04.960] Better to take the ones we've got and give them good reason to act appropriately.
[01:12:04.960 --> 01:12:13.960] And the way I like to do that, and the way that I find has the most effect, is set them up.
[01:12:13.960 --> 01:12:18.960] Set them up to violate some minor little law.
[01:12:18.960 --> 01:12:27.960] I'm at the Lake Worth Justice of the Peace Office, Judge Wright.
[01:12:27.960 --> 01:12:35.960] I asked to see some legal documents, some cases, and they argued with me a while, but they finally brought him out.
[01:12:35.960 --> 01:12:41.960] And then the judge came out and said, Mr. Kelton, you can't look at those, you are security risk.
[01:12:41.960 --> 01:12:48.960] Ooh, I'm a security risk. Yes, Mr. Kelton, you're a security risk. And I can't look at these.
[01:12:48.960 --> 01:12:53.960] Oh, you've got it open. No, you can't look at those. So I close them, send them back to her.
[01:12:53.960 --> 01:12:56.960] But this time the bailiff had kind of come up beside me.
[01:12:56.960 --> 01:13:04.960] Now normally, I suspect most everybody listening knows full well that yes, I could look at those.
[01:13:04.960 --> 01:13:10.960] Those were part of the court records and they were public records.
[01:13:10.960 --> 01:13:22.960] And she had no power to do that. And most people would feel mistreated, cheated, lied to, frustrated and angry.
[01:13:22.960 --> 01:13:30.960] I didn't. I'm thinking, oh, goody, goody, goody, I'm going to so kick your behind for that.
[01:13:30.960 --> 01:13:33.960] So I turned to the bailiff and I said, Mr. Bailiff, do you hear that?
[01:13:33.960 --> 01:13:38.960] Yes, Mr. Kelton, I did. Arrest that judge.
[01:13:38.960 --> 01:13:44.960] Oh, I can't arrest the judge. This is her courtroom. Oh, Mr. Bailiff, I think you are mistaken.
[01:13:44.960 --> 01:13:52.960] This is my courtroom. And I very generously allow her to administer it according to my law.
[01:13:52.960 --> 01:14:00.960] She just breached one of them. Arrest her. Now he's got the idea.
[01:14:00.960 --> 01:14:08.960] He knows I set her up. So he said, well, Mr. Kelton, I have to administer the court here.
[01:14:08.960 --> 01:14:15.960] How about I take you down to my boss? I said, Mr. Bailiff, you need to take your chicken suit off.
[01:14:15.960 --> 01:14:21.960] I ain't taking my chicken suit off. Let's go talk to my boss. Okay, so we're going to talk to his boss.
[01:14:21.960 --> 01:14:30.960] And I told him, he introduced me and the head constable said, what can I do for you, Mr. Kelton?
[01:14:30.960 --> 01:14:37.960] I need you to arrest him. You want me to arrest my bailiff? Yes, I want you to arrest your bailiff.
[01:14:37.960 --> 01:14:46.960] Well, why do you want me to arrest your bailiff? Because he's got his chicken suit on and he wouldn't arrest the judge.
[01:14:46.960 --> 01:14:52.960] Well, why did you want to arrest the judge? Because she violated a law relating to her office.
[01:14:52.960 --> 01:14:59.960] And the process did not mean full free access to enjoying the right and violation of the 3rd, 9th, 4th, 03 Petercote.
[01:14:59.960 --> 01:15:04.960] Oh, well, Mr. Kelton, we're constables. We don't do that.
[01:15:04.960 --> 01:15:09.960] Oh, you're constables and you don't arrest people? No, no, no.
[01:15:09.960 --> 01:15:16.960] We take care of the courts and we serve papers, but we don't go out and arrest people.
[01:15:16.960 --> 01:15:23.960] Mr. Bailiff, I see you're wearing a pistol. Tell me, are you a certified peace officer in state of Texas?
[01:15:23.960 --> 01:15:27.960] He said, yes, Mr. Kelton, I am. Well, under 2.13, Texas Code of Crime Procedure.
[01:15:27.960 --> 01:15:33.960] When you're made known that crimes have been committed, you have duties to keep to peace. Do your duty.
[01:15:33.960 --> 01:15:39.960] Well, Mr. Kelton, I'm not going to take your complaint. Oh, well, okay.
[01:15:39.960 --> 01:15:45.960] Isn't there a sheriff's office out here somewhere? Don't they have one of those outlying officers?
[01:15:45.960 --> 01:15:52.960] Yeah, they got one across the street. Oh, well, thank you. Don't go anywhere. Somebody's going to want to talk to you.
[01:15:52.960 --> 01:15:57.960] I leave. I go to Sheriff's Department and I ask for an entity. And I said, there's one.
[01:15:57.960 --> 01:16:08.960] While I'm waiting, the head constable came over and he said, Mr. Kelton, if you want, I will bring this issue to the prosecuting attorney.
[01:16:08.960 --> 01:16:19.960] Oh, no, no, no. Don't, don't, don't do that. I will get to the prosecuting attorney, but I haven't got everybody to touch my tar baby yet.
[01:16:19.960 --> 01:16:29.960] He said, you what? I got this little invisible tar baby. I got the judge to touch it and then I got your bailiff to touch it and I got you to touch it.
[01:16:29.960 --> 01:16:37.960] Now I want to see if I can get the Sheriff's Department to touch it. And this captain came in and the constable is just shaking his head.
[01:16:37.960 --> 01:16:44.960] He knows now I'm setting him up deliberately, but not anything they can do about it.
[01:16:44.960 --> 01:16:55.960] I got the Sheriff's, the captain on the Sheriff's Department to touch it and then I turned to the bailiff and I was telling him to the constable and I said, see, that works every time.
[01:16:55.960 --> 01:17:18.960] See you guys later. We will see the prosecutor now. We'll be right back.
[01:17:26.960 --> 01:17:37.960] When you purchase Randy Kelton's ebook, Legal 101, you get four chances to win. Purchase Eddie Craig's traffic seminar and get 10 chances to win.
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[01:19:21.960 --> 01:19:31.960] Okay, we are back. Randy Kelton with Logos Radio.
[01:19:31.960 --> 01:19:40.960] And when we went out, I was talking about my tar baby. Everybody should have their own little tar baby.
[01:19:40.960 --> 01:19:55.960] You just cannot believe how much fun that is. And I need people, especially people who feel like they're being abused by the system.
[01:19:55.960 --> 01:20:01.960] You need to go in there and just pick a fight with them.
[01:20:01.960 --> 01:20:13.960] If you have an issue before the courts, find a way to go in and ask somebody to do something they're not going to want to do.
[01:20:13.960 --> 01:20:37.960] Well, I do open records requests, but they're getting a lot better at that because I've stung a few of them. When I make an information request, I craft my request in language that's generally enough that they won't know exactly what I'm looking for.
[01:20:37.960 --> 01:20:44.960] And what I'm trying to do is get them to ask me why I want to see this information.
[01:20:44.960 --> 01:20:52.960] I try to craft my request so that someone will look at it and say, what in the heck is this guy getting at?
[01:20:52.960 --> 01:21:03.960] And I want them to ask me why I want to see this information that always gets a 911 call immediately.
[01:21:03.960 --> 01:21:18.960] In Randall County, I asked to see some physical records. They wanted me to refer me to the computer and I said, no, I need to see the actual record because records have a way of appearing.
[01:21:18.960 --> 01:21:29.960] When I look on the computer and don't find them there and then raise a complaint, all of a sudden they magically appear. I need to see the physical record and she wouldn't bring me the physical record.
[01:21:29.960 --> 01:21:37.960] So I called 911 and asked them to arrest me. I went out and got the bait and asked them to arrest her.
[01:21:37.960 --> 01:21:44.960] Any time Arlington, Texas, I asked to see some records, she said, are you an attorney? Oh no, no, no, no.
[01:21:44.960 --> 01:21:48.960] Sleep well at night, keep hands, mow in buckets.
[01:21:48.960 --> 01:21:55.960] Is this your case? No, no, no, no. Well, if you're not the attorney, it's not your case. You can't see this.
[01:21:55.960 --> 01:22:03.960] Never give legal advice and never give fair warning.
[01:22:03.960 --> 01:22:24.960] If I had told her that under the Texas Constitution under Article 1 paragraph 10, all courts shall be public and under Texas Penal Code 1.27 all courts shall be public.
[01:22:24.960 --> 01:22:33.960] If I had told her that, she would have accused me of being agitated and called the bailiff over and asked him to throw me out.
[01:22:33.960 --> 01:22:35.960] They did it all the time.
[01:22:35.960 --> 01:22:44.960] If you ever try to give them fair warning, they will always treat fair warning as a threat, always.
[01:22:44.960 --> 01:22:52.960] And if you tell them anything, they will accuse you of being agitated.
[01:22:52.960 --> 01:22:55.960] So ask them for what you want.
[01:22:55.960 --> 01:23:00.960] When they don't give it to you, call 911.
[01:23:00.960 --> 01:23:02.960] They don't earn fair warning.
[01:23:02.960 --> 01:23:07.960] And then they realize that what you've just done is set them up.
[01:23:07.960 --> 01:23:13.960] In this case, in Arlington, the city of Arlington, when she told me that, I called the bailiff over.
[01:23:13.960 --> 01:23:22.960] And he was one of these, I'm a big tough guy, standing up there with his arms crossed and his shoulder very back.
[01:23:22.960 --> 01:23:24.960] What can I do for you?
[01:23:24.960 --> 01:23:27.960] I said arrest that woman.
[01:23:27.960 --> 01:23:29.960] Well, why would I arrest a clerk?
[01:23:29.960 --> 01:23:32.960] If you arrest a clerk, cause it's your job.
[01:23:32.960 --> 01:23:34.960] She just violated law relating to her office.
[01:23:34.960 --> 01:23:36.960] She did so in your sight within your hearing.
[01:23:36.960 --> 01:23:38.960] Arrest her.
[01:23:38.960 --> 01:23:40.960] I'm not going to arrest a clerk.
[01:23:40.960 --> 01:23:42.960] Oh, okay.
[01:23:42.960 --> 01:23:44.960] What was your name?
[01:23:44.960 --> 01:23:46.960] Me didn't tell me and I wrote it down.
[01:23:46.960 --> 01:23:49.960] Take out my cell phone, start dialing 911.
[01:23:49.960 --> 01:23:53.960] And he said, you can't use a cell phone in this building.
[01:23:53.960 --> 01:23:58.960] I said, are you going to interfere with the 911 call?
[01:23:58.960 --> 01:24:01.960] And the clerk said, leave him alone, leave him alone.
[01:24:01.960 --> 01:24:06.960] He's just trying to get something, you to do something so he can file charges against you.
[01:24:06.960 --> 01:24:08.960] I said, she's really smart.
[01:24:08.960 --> 01:24:10.960] You should listen to her.
[01:24:10.960 --> 01:24:16.960] I said, call 911 and asked for it to send a deputy to arrest the clerk and the bailiff.
[01:24:16.960 --> 01:24:20.960] And oh, did that ever turn into a circus.
[01:24:20.960 --> 01:24:27.960] But I can assure you, next time somebody comes in and asks to see some records,
[01:24:27.960 --> 01:24:30.960] they're not going to get me crapola.
[01:24:30.960 --> 01:24:34.960] So, we need to start doing this.
[01:24:34.960 --> 01:24:41.960] Start filing criminal charges against public officials at every opportunity.
[01:24:41.960 --> 01:24:50.960] This Leslie was talking about Deborah being declared a vexatious litigant.
[01:24:50.960 --> 01:24:57.960] Well, there may be a provision in law for accusing somebody of being a vexatious litigant,
[01:24:57.960 --> 01:25:04.960] but there's not a provision in law for accusing someone of being a vexatious complainant.
[01:25:04.960 --> 01:25:13.960] When you file a criminal complaint against a public official, you become a protected class.
[01:25:13.960 --> 01:25:20.960] In order for the police to effectively do their jobs, they need the cooperation of the public.
[01:25:20.960 --> 01:25:30.960] So, under law, you are encouraged, as a matter of fact, you are required, in the case of a felony, to report crime.
[01:25:30.960 --> 01:25:35.960] If you have knowledge that a felony has been committed and you failed to report that crime,
[01:25:35.960 --> 01:25:38.960] that's a class A misdemeanor states Texas.
[01:25:38.960 --> 01:25:41.960] It gets you up to year in jail.
[01:25:41.960 --> 01:25:48.960] So, since you can be prosecuted for not doing something,
[01:25:48.960 --> 01:25:58.960] you absolutely cannot have anything negative come against you for doing something that you are required to do.
[01:25:58.960 --> 01:26:00.960] And filing criminal complaints is one of them.
[01:26:00.960 --> 01:26:07.960] When you file a criminal complaint, you have the same immunity that a judge has.
[01:26:07.960 --> 01:26:10.960] And I use that to set them up.
[01:26:10.960 --> 01:26:12.960] This is all political.
[01:26:12.960 --> 01:26:15.960] This is all about making them crazy.
[01:26:15.960 --> 01:26:21.960] When I dialed 911, in the last case in Orlington,
[01:26:21.960 --> 01:26:29.960] both the bailiff and the clerk stood there and closed their mouths.
[01:26:29.960 --> 01:26:33.960] And I thought, they're not as dumb as they look.
[01:26:33.960 --> 01:26:36.960] One word out of them.
[01:26:36.960 --> 01:26:39.960] Order me to leave the office.
[01:26:39.960 --> 01:26:41.960] Tell me I can get in trouble.
[01:26:41.960 --> 01:26:47.960] Anything. And I charged them with witness tampering, obstruction.
[01:26:47.960 --> 01:26:50.960] Both of them felonies.
[01:26:50.960 --> 01:26:55.960] I have asked bailiffs more than one time, probably four or five times,
[01:26:55.960 --> 01:26:59.960] to arrest the judge in the courtroom.
[01:26:59.960 --> 01:27:05.960] And every time I've done that, the judge sat there and kept his mouth shut.
[01:27:05.960 --> 01:27:09.960] Because the judge knew one word out of him.
[01:27:09.960 --> 01:27:11.960] He knew tampering and obstruction.
[01:27:11.960 --> 01:27:17.960] He knew it, and he knew that I knew it, and he knew I was setting him up for it.
[01:27:17.960 --> 01:27:21.960] And I hadn't had one judge open his mouth.
[01:27:21.960 --> 01:27:23.960] They understand the law.
[01:27:23.960 --> 01:27:30.960] And when you come in there and start acting under it in accordance with it,
[01:27:30.960 --> 01:27:32.960] they know.
[01:27:32.960 --> 01:27:37.960] And once you've done that to them once, all of a sudden you become taboo.
[01:27:37.960 --> 01:27:41.960] They can show you how to make it certain that you've become taboo.
[01:27:41.960 --> 01:27:44.960] And this is how you do that.
[01:27:44.960 --> 01:27:50.960] You pick the most minuscule thing you can coax them into doing.
[01:27:50.960 --> 01:27:54.960] Then you pull out 39.03 Texas Penal Code.
[01:27:54.960 --> 01:28:02.960] Whatever state you're in, you have a statute that reflects the Ku Klux Klan Act of 1871,
[01:28:02.960 --> 01:28:07.960] which is codified into law as 18 U.S. Code 242.
[01:28:07.960 --> 01:28:15.960] And it effectively says that if a public official fails to perform a duty he's required to perform,
[01:28:15.960 --> 01:28:23.960] or exerts or purports to exert an authority he does not expressly have and in the process denies you
[01:28:23.960 --> 01:28:25.960] with full pre-access to enjoyment, right?
[01:28:25.960 --> 01:28:28.960] That's a class agnostic meter in every state.
[01:28:28.960 --> 01:28:31.960] Or they don't call a class agnostic meter something equal.
[01:28:31.960 --> 01:28:35.960] The next thing to a felony.
[01:28:35.960 --> 01:28:38.960] It's a catch-all.
[01:28:38.960 --> 01:28:46.960] They fail to do anything they're required to if it has the effect of denying you an equal protection of the laws
[01:28:46.960 --> 01:28:48.960] or denying you a due process.
[01:28:48.960 --> 01:28:50.960] It's a crime.
[01:28:50.960 --> 01:28:53.960] So you can sting them for about anything.
[01:28:53.960 --> 01:28:57.960] So you ask them to do something that they're not going to want to do,
[01:28:57.960 --> 01:29:03.960] or get them to tell you to do something they don't have any power to tell you to do.
[01:29:03.960 --> 01:29:05.960] $8.911.
[01:29:05.960 --> 01:29:07.960] You file a complaint against them.
[01:29:07.960 --> 01:29:11.960] You make up a criminal complaint, and you take it to some magistrate.
[01:29:11.960 --> 01:29:13.960] I like to start at the bottom.
[01:29:13.960 --> 01:29:16.960] I've just done that with a local Justice of the Peace.
[01:29:16.960 --> 01:29:19.960] And when the Justice of the Peace doesn't do what she's supposed to,
[01:29:19.960 --> 01:29:25.960] doesn't hold an examining trial and file an order under 16.17,
[01:29:25.960 --> 01:29:28.960] then I'll file against her with a county judge.
[01:29:28.960 --> 01:29:30.960] And when the county judge doesn't act on it,
[01:29:30.960 --> 01:29:33.960] I'll file against the county judge with district judge.
[01:29:33.960 --> 01:29:36.960] And when he doesn't act on it, I'll file with the Attorney General,
[01:29:36.960 --> 01:29:39.960] and now I am protected.
[01:29:39.960 --> 01:29:41.960] I'm untouchable at this point.
[01:29:41.960 --> 01:29:44.960] When I come back from the other side, I'll explain why.
[01:29:44.960 --> 01:29:47.960] This is Randy Kelton with the low radio.
[01:29:47.960 --> 01:29:59.960] We'll be right back.
[01:29:59.960 --> 01:30:01.960] Are you lucky?
[01:30:01.960 --> 01:30:06.960] Researchers say living a charmed life is more about the choices you make than fate.
[01:30:06.960 --> 01:30:09.960] I'm Dr. Catherine Albrecht, and I'll be back with four behaviors
[01:30:09.960 --> 01:30:13.960] that increase your odds of finding a pot of gold at the end of your rainbow.
[01:30:13.960 --> 01:30:15.960] Privacy is under attack.
[01:30:15.960 --> 01:30:19.960] When you give up data about yourself, you'll never get it back again.
[01:30:19.960 --> 01:30:24.960] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:24.960 --> 01:30:26.960] So protect your rights.
[01:30:26.960 --> 01:30:29.960] Say no to surveillance and keep your information to yourself.
[01:30:29.960 --> 01:30:32.960] Privacy, it's worth hanging on to.
[01:30:32.960 --> 01:30:35.960] This public service announcement is brought to you by StartPage.com,
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[01:30:43.960 --> 01:30:47.960] According to psychologist Richard Wiseman, people blessed with good fortune
[01:30:47.960 --> 01:30:50.960] practice four behaviors that set them apart.
[01:30:50.960 --> 01:30:52.960] Lucky people don't wait around for a windfall.
[01:30:52.960 --> 01:30:54.960] They make luck happen.
[01:30:54.960 --> 01:30:56.960] They network and keep an eye out for opportunities.
[01:30:56.960 --> 01:30:58.960] Then they act on them.
[01:30:58.960 --> 01:31:01.960] Lucky people develop their intuition and trust their gut feelings.
[01:31:01.960 --> 01:31:04.960] Lucky people expect good things to happen to them.
[01:31:04.960 --> 01:31:08.960] They persist in working toward their goals because they believe in positive outcomes.
[01:31:08.960 --> 01:31:12.960] These expectations become self-fulfilling prophecies.
[01:31:12.960 --> 01:31:15.960] And finally, lucky people turn lemons into lemonade.
[01:31:15.960 --> 01:31:17.960] They don't dwell on setbacks.
[01:31:17.960 --> 01:31:22.960] Rather, they find ways to take control and turn situations around in their favor.
[01:31:22.960 --> 01:31:23.960] I'm Dr. Catherine Albrecht.
[01:31:23.960 --> 01:31:29.960] More news and information at CatherineAlbrecht.com.
[01:31:29.960 --> 01:31:35.960] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.960 --> 01:31:37.960] The government says that fire brought it down.
[01:31:37.960 --> 01:31:42.960] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.960 --> 01:31:45.960] Over 6,000 of my fellow service members have given their lives.
[01:31:45.960 --> 01:31:48.960] And thousands of my fellow force responders have died.
[01:31:48.960 --> 01:31:49.960] I'm not a conspiracy theorist.
[01:31:49.960 --> 01:31:50.960] I'm a structural engineer.
[01:31:50.960 --> 01:31:51.960] I'm a New York City correction officer.
[01:31:51.960 --> 01:31:52.960] I'm an Air Force pilot.
[01:31:52.960 --> 01:31:54.960] I'm a father who lost his son.
[01:31:54.960 --> 01:31:55.960] We're Americans.
[01:31:55.960 --> 01:31:57.960] And we deserve the truth.
[01:31:57.960 --> 01:32:00.960] Go to RememberBuilding7.org today.
[01:32:00.960 --> 01:32:02.960] Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.960 --> 01:32:05.960] Did your home receive hail or wind damage from the recent storms?
[01:32:05.960 --> 01:32:08.960] Come on, we all know the government caused it with their chemtrails.
[01:32:08.960 --> 01:32:10.960] But good luck getting them to pay for it.
[01:32:10.960 --> 01:32:12.960] Okay, I might be kidding about the chemtrails.
[01:32:12.960 --> 01:32:13.960] But I'm serious about your roof.
[01:32:13.960 --> 01:32:15.960] That's why you have insurance.
[01:32:15.960 --> 01:32:20.960] And Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
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[01:32:39.960 --> 01:32:44.960] And we'll donate another $100 to the Logos radio network to help continue this programming.
[01:32:44.960 --> 01:32:49.960] So if those out-of-town roofers come knocking, your door should be locked in.
[01:32:49.960 --> 01:32:55.960] That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:55.960 --> 01:32:57.960] Discounts are based on full roof replacement.
[01:32:57.960 --> 01:33:01.960] I mean, I actually be kidding about chemtrails.
[01:33:01.960 --> 01:33:03.960] Looking for some truth?
[01:33:03.960 --> 01:33:29.960] We found it LogosRadioNetwork.com.
[01:33:33.960 --> 01:33:43.960] Okay, we are back.
[01:33:43.960 --> 01:33:45.960] Randy Kelton with LogosRadio.
[01:33:45.960 --> 01:33:50.960] You become a protected class.
[01:33:50.960 --> 01:34:00.960] The way you become a protected class is you want to file a criminal complaint against the highest judge in your jurisdiction.
[01:34:00.960 --> 01:34:02.960] And that's generally the district judge.
[01:34:02.960 --> 01:34:11.960] Once you filed against the district judge with the attorney general, now you're protected.
[01:34:11.960 --> 01:34:15.960] And you may have to take a step to ensure that protection.
[01:34:15.960 --> 01:34:23.960] This is how I kind of come to understand the power of filing against the district judge.
[01:34:23.960 --> 01:34:29.960] I was next to my house doing some plastic welding on a tank and we were in a drought.
[01:34:29.960 --> 01:34:34.960] So we had a fire ban on and this new policeman didn't know me.
[01:34:34.960 --> 01:34:38.960] And came up and said, sir, sir, and I turned around, yes.
[01:34:38.960 --> 01:34:41.960] He said, sir, you can't have that open flame.
[01:34:41.960 --> 01:34:45.960] And I held up the torch, little propane torch, and I turned it.
[01:34:45.960 --> 01:34:47.960] Sure kid, look, nothing to it.
[01:34:47.960 --> 01:34:51.960] Oh no, you don't understand, we have a fire ban on.
[01:34:51.960 --> 01:34:53.960] I said, see this equipment here?
[01:34:53.960 --> 01:34:56.960] I had high pressure spray equipment.
[01:34:56.960 --> 01:34:59.960] I said, I can outrun the fire department with this stuff.
[01:34:59.960 --> 01:35:02.960] I understand, sir, but you can't have that open flame.
[01:35:02.960 --> 01:35:05.960] Wait a minute, you're just joshing me, right?
[01:35:05.960 --> 01:35:09.960] Oh no, Mr. Colton, no, no, sir, he didn't know my name yet.
[01:35:09.960 --> 01:35:13.960] I said, oh no, sir, you can't have that open flame.
[01:35:13.960 --> 01:35:18.960] Wait a minute, that John Faustel sent you down here, didn't he?
[01:35:18.960 --> 01:35:21.960] That's the district judge in the county I live in.
[01:35:21.960 --> 01:35:26.960] He sent you down here to harass me just because I filed one crummy little
[01:35:26.960 --> 01:35:30.960] making a terroristic threat complaint against him with the attorney general.
[01:35:30.960 --> 01:35:32.960] He sent you, didn't he?
[01:35:32.960 --> 01:35:37.960] The cop steps back, holds up both hands with his palms out and said,
[01:35:37.960 --> 01:35:40.960] one moment, sir, takes out his cell phone dials.
[01:35:40.960 --> 01:35:43.960] I live right next to city hall.
[01:35:43.960 --> 01:35:48.960] About 30 seconds, chief of police stuck his head out the door and said, Randy,
[01:35:48.960 --> 01:35:50.960] what are you doing to my new officer?
[01:35:50.960 --> 01:35:54.960] I said, oh Tom, I was just jerking his chain.
[01:35:54.960 --> 01:36:02.960] And the cop said, oh God, I saw my whole career pass before my eyes.
[01:36:02.960 --> 01:36:07.960] These police officers are terrified of these high level judges.
[01:36:07.960 --> 01:36:09.960] They're terrified of all judges.
[01:36:09.960 --> 01:36:12.960] But the higher level they are, the more afraid of them they are.
[01:36:12.960 --> 01:36:19.960] They get into court and they do something stupid and the judge just tears on my new one.
[01:36:19.960 --> 01:36:21.960] And so they're afraid of these judges.
[01:36:21.960 --> 01:36:24.960] The judges chew out everybody.
[01:36:24.960 --> 01:36:28.960] They chew out the officer's boss, they chew out the prosecutor,
[01:36:28.960 --> 01:36:30.960] and they especially chew out these officers.
[01:36:30.960 --> 01:36:33.960] So they're terrified of these big judges.
[01:36:33.960 --> 01:36:38.960] Once you get an opportunity to file against the judge,
[01:36:38.960 --> 01:36:45.960] and the best thing to file against the judge for is protecting someone below him.
[01:36:45.960 --> 01:36:49.960] Because he hasn't really done anything wrong in his mind.
[01:36:49.960 --> 01:36:54.960] He's just looking out for the people that he works with.
[01:36:54.960 --> 01:36:59.960] And now he's got this no good rotten scoundrel coming after him.
[01:36:59.960 --> 01:37:06.960] And the higher level a judge is, the more sensitive they are to the politics.
[01:37:06.960 --> 01:37:12.960] A municipal judge is generally hired by the mayor or the city council.
[01:37:12.960 --> 01:37:16.960] So he's not too concerned about politics.
[01:37:16.960 --> 01:37:21.960] Justices of the peace, they're elected,
[01:37:21.960 --> 01:37:28.960] but it's seldom that a justice of the peace who runs for office does not get re-elected.
[01:37:28.960 --> 01:37:29.960] They must always do.
[01:37:29.960 --> 01:37:35.960] Once you get in, you can pretty well count on being there for a career if you want to stay that long.
[01:37:35.960 --> 01:37:39.960] But when you get to county judge and district judge,
[01:37:39.960 --> 01:37:44.960] that gets a little more contentious, especially in the bigger counties.
[01:37:44.960 --> 01:37:47.960] And they're more sensitive to the politics.
[01:37:47.960 --> 01:37:56.960] And because they're moved around the state more, they're more known around the state,
[01:37:56.960 --> 01:38:00.960] they're more sensitive to their reputation.
[01:38:00.960 --> 01:38:09.960] So bad stuff circling around about them really makes them unhappy. In the bigger jurisdictions,
[01:38:09.960 --> 01:38:13.960] they have more people vying for their jobs.
[01:38:13.960 --> 01:38:16.960] They're not so concerned about you.
[01:38:16.960 --> 01:38:20.960] They're not so afraid of what you're going to do to them.
[01:38:20.960 --> 01:38:27.960] What they're afraid of is that you will provide cannon fodder for their next opponent.
[01:38:27.960 --> 01:38:33.960] So that when they run for office again, their opponent will come and wave these criminal charges
[01:38:33.960 --> 01:38:39.960] that a citizen filed against the judge for failing to do his duty.
[01:38:39.960 --> 01:38:46.960] And the judge is going to say, oh, that was just frivolous. That was just a disgruntled litigant.
[01:38:46.960 --> 01:38:49.960] But it doesn't make any difference.
[01:38:49.960 --> 01:38:52.960] It's not going to look good. And they know it.
[01:38:52.960 --> 01:38:57.960] What taught me that? I filed a habeas corpus for a kid in Montgomery, Texas.
[01:38:57.960 --> 01:39:01.960] And that was the first time I asked the bailiff to arrest the judge.
[01:39:01.960 --> 01:39:04.960] They stopped the murder trial.
[01:39:04.960 --> 01:39:09.960] The judge said, are you Randall Calton? Yes, your honor, I am.
[01:39:09.960 --> 01:39:13.960] Are you the one to file this habeas? Yes, as a matter of fact, I did.
[01:39:13.960 --> 01:39:17.960] Well, Mr. Calton, are you an attorney? Oh, no judge.
[01:39:17.960 --> 01:39:21.960] I sleep well at night and keep my hands in my own pockets. Thank you very much.
[01:39:21.960 --> 01:39:26.960] He said, well, since you're an attorney, I'm not going to accept this habeas.
[01:39:26.960 --> 01:39:31.960] And that just went all over me for some reason.
[01:39:31.960 --> 01:39:36.960] It was quite a few years ago, so I was a little more volatile in those days.
[01:39:36.960 --> 01:39:39.960] I turned to the bailiff and said, Mr. Bailiff, did you hear that?
[01:39:39.960 --> 01:39:43.960] Yes, Mr. Calton, I did. Arrest that judge.
[01:39:43.960 --> 01:39:47.960] And we had this back and forth, and he wouldn't arrest the judge.
[01:39:47.960 --> 01:39:51.960] We absolutely refused. The judge picked up the gavel and said, Mr. Bailiff,
[01:39:51.960 --> 01:39:55.960] if Mr. Calton doesn't leave my courtroom, you're to arrest him.
[01:39:55.960 --> 01:39:59.960] I said, with all due respect, your honor, that's cheating.
[01:39:59.960 --> 01:40:03.960] He held up the gavel. Maybe, but I got the gavel.
[01:40:03.960 --> 01:40:06.960] Good point. Pointed to Bailiff. Yeah, come with me.
[01:40:06.960 --> 01:40:10.960] I stormed out of the courtroom. Oh, that was great fun.
[01:40:10.960 --> 01:40:14.960] So I took that complaint and filed it with the Texas Court of Criminal Appeals,
[01:40:14.960 --> 01:40:18.960] the highest court in Texas. In Texas, we have two high courts.
[01:40:18.960 --> 01:40:22.960] One high court for civil, which is the Supreme.
[01:40:22.960 --> 01:40:26.960] Another high court for criminal, which is the Court of Criminal Appeals.
[01:40:26.960 --> 01:40:30.960] The clerk refused to take the complaint unless I filed a motion for leave to file.
[01:40:30.960 --> 01:40:34.960] I told him heck with that. This is a habeas, a great writ.
[01:40:34.960 --> 01:40:38.960] It's a writ of right. This court has no power to grant or deny to leave.
[01:40:38.960 --> 01:40:42.960] Well, they wouldn't take it without it, and I'm trying to get this kid out of jail.
[01:40:42.960 --> 01:40:46.960] So I filed a motion for leave to file a habeas corpus.
[01:40:46.960 --> 01:40:50.960] And the court denied it. What?
[01:40:50.960 --> 01:40:54.960] So I made up a set of criminal complaints and took them to the grand jury.
[01:40:54.960 --> 01:40:57.960] Well, this attorney intercepted it.
[01:40:57.960 --> 01:41:01.960] I finally bushwhacked a federal judge in his courtroom
[01:41:01.960 --> 01:41:05.960] and dropped him on him and took almost a year,
[01:41:05.960 --> 01:41:09.960] but I finally got him before the grand jury.
[01:41:09.960 --> 01:41:14.960] And went to the Clare Dawson Brown, who headed up the grand jury,
[01:41:14.960 --> 01:41:18.960] that had him for a month and a half, and I asked her what was going on here.
[01:41:18.960 --> 01:41:21.960] I told her it would take some 30 minutes.
[01:41:21.960 --> 01:41:26.960] She said, Mr. Kelton, I made sure that every grand jury
[01:41:26.960 --> 01:41:29.960] read your entire precedent.
[01:41:29.960 --> 01:41:34.960] Say what? That was 119 pages.
[01:41:34.960 --> 01:41:38.960] My habeas was in there and that walks through due processing
[01:41:38.960 --> 01:41:43.960] at the end, and I thought, what in the world is going on?
[01:41:43.960 --> 01:41:47.960] You know, I told her when I talked to her to give him to him
[01:41:47.960 --> 01:41:52.960] that under 2.03 quarter grand procedure, you have no discretion.
[01:41:52.960 --> 01:41:54.960] You have to give him the grand jury.
[01:41:54.960 --> 01:41:57.960] And since you do, you don't have to agree with him.
[01:41:57.960 --> 01:42:00.960] You can go in there and argue against resentment.
[01:42:00.960 --> 01:42:04.960] If I was me, I just want to get him in front of the grand jury.
[01:42:04.960 --> 01:42:06.960] I don't necessarily want to get him indicted.
[01:42:06.960 --> 01:42:08.960] I just want to get their attention.
[01:42:08.960 --> 01:42:13.960] Well, she had him read the whole presentment.
[01:42:13.960 --> 01:42:16.960] Took a while to figure out what was going on.
[01:42:16.960 --> 01:42:20.960] Ron Earl, 25-year district attorney.
[01:42:20.960 --> 01:42:23.960] He's a Democrat.
[01:42:23.960 --> 01:42:26.960] He's retiring, he's not running for office again.
[01:42:26.960 --> 01:42:29.960] All nine of these judges are Republicans.
[01:42:29.960 --> 01:42:33.960] That dirty rock scoundrel took my complaints
[01:42:33.960 --> 01:42:38.960] and used him as cannon fodder to try to take those judges out with him.
[01:42:38.960 --> 01:42:42.960] Well, the grand jury came back with a no-bill.
[01:42:42.960 --> 01:42:45.960] But if you go to the Code of Cramel Appeals
[01:42:45.960 --> 01:42:48.960] with a widow habeas corpus today,
[01:42:48.960 --> 01:42:53.960] they will not ask you to file a motion for leave to file.
[01:42:53.960 --> 01:42:55.960] They will take it.
[01:42:55.960 --> 01:42:58.960] Because they spent three months wondering
[01:42:58.960 --> 01:43:02.960] if their careers are going to end tomorrow.
[01:43:02.960 --> 01:43:06.960] Nothing, absolutely nothing they could do about it.
[01:43:06.960 --> 01:43:09.960] They could not say a word to anybody.
[01:43:09.960 --> 01:43:11.960] Nobody could speak to that grand jury.
[01:43:11.960 --> 01:43:13.960] They'd do whatever they wanted to.
[01:43:13.960 --> 01:43:16.960] The grand jury got it their first day in office.
[01:43:16.960 --> 01:43:18.960] No-bill did their last day in office.
[01:43:18.960 --> 01:43:21.960] It could not have went better.
[01:43:21.960 --> 01:43:24.960] But it was all about the politics.
[01:43:24.960 --> 01:43:29.960] It was all about a public official using my complaint
[01:43:29.960 --> 01:43:32.960] to try to beat up another public official,
[01:43:32.960 --> 01:43:37.960] one of his political adversaries with.
[01:43:37.960 --> 01:43:42.960] So what we do is we create political cannon fodder
[01:43:42.960 --> 01:43:47.960] for public officials in the higher level they are.
[01:43:47.960 --> 01:43:49.960] The more effective it is.
[01:43:49.960 --> 01:43:53.960] When I come back, I'm going to talk more about district judges
[01:43:53.960 --> 01:43:55.960] and how to sting them.
[01:43:55.960 --> 01:43:59.960] We'll be right back.
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[01:46:01.960 --> 01:46:04.960] Okay, we are back.
[01:46:04.960 --> 01:46:06.960] Randy Kelkin, rule of law radio
[01:46:06.960 --> 01:46:09.960] on this first day of June, 2018.
[01:46:09.960 --> 01:46:11.960] Public officials,
[01:46:11.960 --> 01:46:13.960] please come in.
[01:46:13.960 --> 01:46:15.960] Please come in.
[01:46:15.960 --> 01:46:17.960] Please come in.
[01:46:17.960 --> 01:46:19.960] Please come in.
[01:46:19.960 --> 01:46:21.960] Please come in.
[01:46:21.960 --> 01:46:23.960] Please come in.
[01:46:23.960 --> 01:46:25.960] Please come in.
[01:46:25.960 --> 01:46:27.960] Please come in.
[01:46:27.960 --> 01:46:31.960] And 18 public officials
[01:46:31.960 --> 01:46:37.960] for the most part tiptoe around on pens.
[01:46:37.960 --> 01:46:41.960] They have so many pitfalls in front of them.
[01:46:41.960 --> 01:46:45.960] And the last thing they want to happen
[01:46:45.960 --> 01:46:48.960] is to have the most powerful person in the building
[01:46:48.960 --> 01:46:51.960] find out about their weaknesses.
[01:46:51.960 --> 01:46:55.960] The most powerful person in the building is you.
[01:46:55.960 --> 01:46:58.960] Anybody out there who's ever been in the military
[01:46:58.960 --> 01:47:01.960] will understand this scenario.
[01:47:01.960 --> 01:47:03.960] When I was in the military,
[01:47:03.960 --> 01:47:05.960] if we had a general coming down to the base,
[01:47:05.960 --> 01:47:08.960] we had to get out and mow the yards,
[01:47:08.960 --> 01:47:11.960] pick up every cigarette butt,
[01:47:11.960 --> 01:47:14.960] every piece of paper, everything had to be perfect.
[01:47:14.960 --> 01:47:16.960] Because when a general came on the base,
[01:47:16.960 --> 01:47:19.960] everybody was terrified of him.
[01:47:19.960 --> 01:47:22.960] There's only one person on the base
[01:47:22.960 --> 01:47:26.960] they're more afraid of than a general.
[01:47:26.960 --> 01:47:29.960] And that's the civilian.
[01:47:29.960 --> 01:47:33.960] Because the civilian is the only one on the base
[01:47:33.960 --> 01:47:35.960] who can go to that general's office
[01:47:35.960 --> 01:47:38.960] and crawl down his throat like an Eric Stepchild,
[01:47:38.960 --> 01:47:41.960] and all the general can do is sit there and say,
[01:47:41.960 --> 01:47:45.960] yes sir, yes sir, and put up with it.
[01:47:45.960 --> 01:47:49.960] But when that citizen gets done with that general,
[01:47:49.960 --> 01:47:52.960] everybody's in trouble.
[01:47:52.960 --> 01:47:55.960] All the way down to the bottom.
[01:47:55.960 --> 01:47:59.960] Well, when you're dealing with public officials,
[01:47:59.960 --> 01:48:03.960] they are in a similar position.
[01:48:03.960 --> 01:48:06.960] They are all servants.
[01:48:06.960 --> 01:48:09.960] You are the master of those servants.
[01:48:09.960 --> 01:48:13.960] And when they fail to form duty they're required to form,
[01:48:13.960 --> 01:48:17.960] there are a number of things you can do with them.
[01:48:17.960 --> 01:48:20.960] Primarily two.
[01:48:20.960 --> 01:48:22.960] One is to file criminal complaints.
[01:48:22.960 --> 01:48:25.960] The other is to file professional conduct complaints.
[01:48:25.960 --> 01:48:30.960] And I'm not sure which one is worse for the public official.
[01:48:30.960 --> 01:48:33.960] Both of them are bad news.
[01:48:33.960 --> 01:48:37.960] And you can be sure no one's going to tell you about them.
[01:48:37.960 --> 01:48:40.960] Criminal complaints are somewhat obvious.
[01:48:40.960 --> 01:48:44.960] Most of the time, probably 99% of the time,
[01:48:44.960 --> 01:48:49.960] there's going to be no indictment against the individual.
[01:48:49.960 --> 01:48:54.960] However, the problem they have is
[01:48:54.960 --> 01:49:00.960] grand juries are grand juries of our peers, not their peers.
[01:49:00.960 --> 01:49:05.960] Our legislators, when they put in the grand jury system,
[01:49:05.960 --> 01:49:12.960] they exercised a work of genius on a number of levels.
[01:49:12.960 --> 01:49:18.960] One is that grand jurors sit for a long time.
[01:49:18.960 --> 01:49:22.960] That makes it very difficult to seat grand jurors.
[01:49:22.960 --> 01:49:26.960] You've got to find people who have this time to spend.
[01:49:26.960 --> 01:49:33.960] It makes it hard to pick a set of people you want on the grand jury.
[01:49:33.960 --> 01:49:37.960] Because they don't always have the time to do what you need.
[01:49:37.960 --> 01:49:42.960] I had a prosecutor tell me once, oh, Mr. Kelton, please don't pick on my grand jury.
[01:49:42.960 --> 01:49:48.960] I have a hard enough time seating them as it is.
[01:49:48.960 --> 01:49:53.960] So you hear this stuff about prosecutors stacking grand juries.
[01:49:53.960 --> 01:49:56.960] I've never, ever seen that happen.
[01:49:56.960 --> 01:50:02.960] Second, walked into the prosecutor's office one day and he's sitting with his head in his hand.
[01:50:02.960 --> 01:50:08.960] I said, what's the matter, Greg? Those darn grand jurors.
[01:50:08.960 --> 01:50:11.960] You never know what they're going to do.
[01:50:11.960 --> 01:50:17.960] And I held up both hands and looked up at the ceiling and said, there is a God.
[01:50:17.960 --> 01:50:21.960] I could not have heard anything better.
[01:50:21.960 --> 01:50:27.960] When I filed criminal charges against a public official, I genuinely don't want them indicted.
[01:50:27.960 --> 01:50:31.960] I'm not really trying to ruin a public official's career.
[01:50:31.960 --> 01:50:34.960] I'm trying to teach it.
[01:50:34.960 --> 01:50:39.960] I think of my public officials the way I do my grandkids.
[01:50:39.960 --> 01:50:41.960] I love them dearly.
[01:50:41.960 --> 01:50:49.960] But if one of them steps out of line, if one of them runs out in the road, I'm fixing Pan his hide.
[01:50:49.960 --> 01:50:51.960] It's not because I don't care about them.
[01:50:51.960 --> 01:50:55.960] It's because I want to adjust their behavior.
[01:50:55.960 --> 01:51:00.960] When I go after public officials, I just want to adjust their behavior.
[01:51:00.960 --> 01:51:06.960] I had an officer recently handle me very well.
[01:51:06.960 --> 01:51:13.960] And I told the guy I was with, I had a witness there just in case.
[01:51:13.960 --> 01:51:18.960] I told him, that officer handled me very well.
[01:51:18.960 --> 01:51:26.960] And I like to be handled well because the officer was a consummate professional.
[01:51:26.960 --> 01:51:31.960] But he already knew who I was, so he was on his guard and being careful anyway.
[01:51:31.960 --> 01:51:36.960] But I like to be treated that way because he's following law.
[01:51:36.960 --> 01:51:38.960] He don't have to do what I want him to.
[01:51:38.960 --> 01:51:42.960] All he has to do is follow law and treat me with dignity and respect.
[01:51:42.960 --> 01:51:44.960] We got no problem.
[01:51:44.960 --> 01:51:49.960] If we could get all of our public officials treating us with that kind of dignity,
[01:51:49.960 --> 01:51:52.960] we wouldn't be having these issues with them.
[01:51:52.960 --> 01:51:56.960] Not trying to get rid of them because we get rid of all of them, replacing them and having the same problems.
[01:51:56.960 --> 01:51:58.960] We're just trying to adjust their behavior.
[01:51:58.960 --> 01:52:04.960] If it's a police officer, you can file criminal charges against him.
[01:52:04.960 --> 01:52:08.960] That's going to give him a lot of grief from his higher-ups.
[01:52:08.960 --> 01:52:17.960] And when you've won the routine on him or you file with a local JP or a local municipal judge or mayor,
[01:52:17.960 --> 01:52:22.960] and mayors are great because they don't know their magistrates and when they don't act, you file against the mayor
[01:52:22.960 --> 01:52:27.960] and he's going to have a conniption fit, and you walk that up the line.
[01:52:27.960 --> 01:52:33.960] And you get all these public officials all the way up to the top, all mad at this officer because they're having to protect him.
[01:52:33.960 --> 01:52:36.960] So they're unhappy about it. That's one way.
[01:52:36.960 --> 01:52:46.960] Another way is to file a professional conduct complaint against him with the commission who issues his certification as a peace officer.
[01:52:46.960 --> 01:52:53.960] What that's going to do is get the commission to deny your claim.
[01:52:53.960 --> 01:52:56.960] They're going to throw in a trash.
[01:52:56.960 --> 01:53:06.960] However, if you're a police officer, the organization that employs you has a bond.
[01:53:06.960 --> 01:53:15.960] That bond is an insurance policy.
[01:53:15.960 --> 01:53:20.960] If it's a municipal or government agency, they call it a bond instead.
[01:53:20.960 --> 01:53:27.960] And the agent for that bond has two primary things he needs to do.
[01:53:27.960 --> 01:53:35.960] He needs to charge you as much as he possibly can, and he needs to avoid paying any claims.
[01:53:35.960 --> 01:53:42.960] So when a police officer gets six professional conduct complaints against him,
[01:53:42.960 --> 01:53:53.960] that insurance agent is going to go to the jurisdiction and say, look guys, you've got this officer here who is an unacceptable risk.
[01:53:53.960 --> 01:53:58.960] If you keep this officer, we're going to have to raise your bond rating for the whole department.
[01:53:58.960 --> 01:54:02.960] So what do you think is going to happen to the officer?
[01:54:02.960 --> 01:54:10.960] When you file a professional conduct complaint against an officer, they really get excited.
[01:54:10.960 --> 01:54:17.960] But you're not going to know they get excited because they are absolutely forbidden to speak to you about it.
[01:54:17.960 --> 01:54:22.960] That becomes retaliation. That gets real serious real fast.
[01:54:22.960 --> 01:54:29.960] And they're like the guy with the sore shoulder that you're going to get in the fight with.
[01:54:29.960 --> 01:54:33.960] He's not going to turn to you and point at that shoulder and say, see this spot right here?
[01:54:33.960 --> 01:54:38.960] That's a really sore spot. Don't hit me there.
[01:54:38.960 --> 01:54:40.960] He knows what will happen then.
[01:54:40.960 --> 01:54:45.960] The last thing the officer wants you to know is how much trouble that complaint causes.
[01:54:45.960 --> 01:54:49.960] So you're not going to hear a peep.
[01:54:49.960 --> 01:54:51.960] Same thing with lawyers.
[01:54:51.960 --> 01:54:53.960] Lawyers.
[01:54:53.960 --> 01:54:57.960] One, bar grievance is the first year of practice.
[01:54:57.960 --> 01:55:01.960] The insurance carrier will cancel immediately.
[01:55:01.960 --> 01:55:04.960] Two bar grievances, any one year of practice they cancel.
[01:55:04.960 --> 01:55:08.960] Three, they cancel your law firms and my practice insurance.
[01:55:08.960 --> 01:55:14.960] Bar grievances are a really big deal for lawyers.
[01:55:14.960 --> 01:55:18.960] Judges, judicial conduct complaints.
[01:55:18.960 --> 01:55:26.960] If you file a grievance with the bar or a complaint with the state commission on judicial conduct,
[01:55:26.960 --> 01:55:35.960] you can expect a letter to come back and say we examined into your accusation and find it does not rise to the level of misconduct.
[01:55:35.960 --> 01:55:37.960] They throw it in the trash.
[01:55:37.960 --> 01:55:46.960] Well, the problem they have is the insurance carrier or the judge's bond carrier knows they're going to throw it in the trash.
[01:55:46.960 --> 01:55:49.960] So how do they gauge their level of risk by valid grievances?
[01:55:49.960 --> 01:55:51.960] They throw it all in the trash.
[01:55:51.960 --> 01:55:58.960] By the numbers, bar grievances with the lawyer counsels it.
[01:55:58.960 --> 01:56:02.960] Judicial conduct complaints raises his bond rating.
[01:56:02.960 --> 01:56:08.960] The only way of her to get rid of a federal judge is getting his bond canceled.
[01:56:08.960 --> 01:56:18.960] And judges, judges that are not elected or even if they are municipal judges are generally not elected.
[01:56:18.960 --> 01:56:23.960] But the classic misdemeanor, inferior court judges.
[01:56:23.960 --> 01:56:28.960] They're called inferior court judges because they don't have to be a lawyer.
[01:56:28.960 --> 01:56:37.960] Inferior court judges believe that the state commission on judicial conduct uses them for cannon fodder.
[01:56:37.960 --> 01:56:43.960] They never file sanctions against higher level elected judges.
[01:56:43.960 --> 01:56:51.960] They only file sanctions against inferior court judges to make it look like they're actually doing something.
[01:56:51.960 --> 01:56:56.960] Ken Magnussen's brother was a municipal court judge and that's exactly how he felt.
[01:56:56.960 --> 01:57:01.960] And I think he was right. They do do that.
[01:57:01.960 --> 01:57:05.960] So that's a concern for these of us.
[01:57:05.960 --> 01:57:14.960] They hate judicial conduct complaints because they're always afraid the state commission is going to use them for cannon fodder.
[01:57:14.960 --> 01:57:22.960] And then elected judges, these complaints go on their record and stay there forever.
[01:57:22.960 --> 01:57:28.960] So when you run for office, you have a lifetime record of judicial conduct complaints.
[01:57:28.960 --> 01:57:36.960] And your opponent is likely to take those and wave them in front of the public when he's running against you.
[01:57:36.960 --> 01:57:40.960] So it becomes a serious political liability.
[01:57:40.960 --> 01:57:46.960] That is probably more effective than filing criminal complaints against them.
[01:57:46.960 --> 01:57:54.960] Because everybody's going to get in line to try to protect them from the consequences, from the criminal complaints that you file.
[01:57:54.960 --> 01:58:03.960] The professional conduct complaints, there is nothing these folks can do is completely out of their hands.
[01:58:03.960 --> 01:58:08.960] And when we come back, we're about to go to break, so when we come back,
[01:58:08.960 --> 01:58:16.960] now I'm going to go to talking about grand juries in a little bit more detail.
[01:58:16.960 --> 01:58:22.960] Because grand juries are an extremely powerful tool.
[01:58:22.960 --> 01:58:29.960] And you start using those, it's a little bit more complex.
[01:58:29.960 --> 01:58:32.960] But the more complex it is, the better.
[01:58:32.960 --> 01:58:36.960] If you're prepared for it, and that's what I'll help you get, is prepared.
[01:58:36.960 --> 01:58:40.960] Because then you're going to feel like you're setting them up the whole way.
[01:58:40.960 --> 01:58:49.960] Hang on, go on to break, Randy Kelton, we'll be right back.
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