ROL_2018-06-15_16k_Hr1-2.timecode

[00:00.000 --> 00:29.520]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce.
[00:29.520 --> 00:31.800]  Silver $16.68 an ounce.
[00:31.800 --> 00:34.920]  Texas Crude $65.51 a barrel.
[00:34.920 --> 00:38.080]  Bitcoin $6,902.19.
[00:38.080 --> 00:41.280]  Ethereum $420.80.
[00:41.280 --> 00:55.520]  Bitcoin Cash $652.90 and finally Litecoins at $114.34 a crypto coin.
[00:55.520 --> 01:02.680]  Today in History the year 1968 President Lyndon M. Johnson signs the Civil Rights Act of 1968
[01:02.680 --> 01:07.480]  which prohibited private businesses from discriminating based on race, color, religion, sex, or national
[01:07.480 --> 01:08.480]  origin.
[01:08.480 --> 01:13.200]  It also prohibited unequal application of voter registration requirements, racial segregation
[01:13.200 --> 01:18.320]  in public schools, in employment, and public accommodations for places of business.
[01:18.320 --> 01:23.960]  Today in History
[01:23.960 --> 01:28.120]  In recent news, tensions in Syria seem to reach new levels after a chemical attack on
[01:28.120 --> 01:32.280]  civilians in the city of Douma, which left 40 dead and many injured, an attack which
[01:32.280 --> 01:36.720]  is being blamed on the democratically elected President of Syria Bashar al-Assad by the
[01:36.720 --> 01:41.480]  United States and on Israel by Russia, either accusatory narrative without any verified
[01:41.480 --> 01:43.360]  evidence as of yet.
[01:43.360 --> 01:47.200]  President Trump tweeted today Wednesday that if, quote, Russia vows to shoot down any and
[01:47.200 --> 01:51.560]  all missiles fired at Syria, get ready Russia because they will be coming in nice and new
[01:51.560 --> 01:55.800]  and smart, going on to warn Russia that you shouldn't be partners with a gas-killing
[01:55.800 --> 01:58.600]  animal who kills his people and enjoys it.
[01:58.600 --> 02:02.640]  Many in the West, including President Trump, have been quick to conclude that this chemical
[02:02.640 --> 02:06.800]  attack must have been conducted by Assad and his forces.
[02:06.800 --> 02:11.040]  Syria and Russia, on the other hand, have given approval since yesterday for the organization
[02:11.040 --> 02:15.840]  for the prohibition of chemical weapons to investigate the side of the chemical slaughter.
[02:15.840 --> 02:19.400]  Assad has been successful in maintaining rule and support during Syria's seven-year civil
[02:19.400 --> 02:24.000]  war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[02:24.000 --> 02:28.800]  rebels that are openly being funded by Western governments, with ISIS being one of the more
[02:28.800 --> 02:32.520]  notorious swimmer groups of the American-backed Syrian rebels.
[02:32.520 --> 02:37.880]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook
[02:37.880 --> 02:42.200]  that smart missiles should be fired at terrorists and not at a legitimate government, which
[02:42.200 --> 02:47.120]  has been fighting terrorists, or is this a trick to destroy all traces with a smart missile
[02:47.120 --> 02:54.120]  strike, and then there will be no evidence for international inspectors to look at.
[03:17.120 --> 03:27.120]  Okay, hello, howdy, howdy, I'm forgetting what I'm doing.
[03:27.120 --> 03:34.120]  Randy Kelton, the rule of law radio on this Friday, the 15th day of June 2018, and I'm
[03:34.120 --> 03:43.360]  going to turn the caller pages on right away, so if you have a question or a comment, give
[03:43.360 --> 03:54.200]  us a call, 512-646-1984, and I'm going to start out talking about the traffic website.
[03:54.200 --> 04:02.280]  I'm almost finished with the business plan, and quite frankly the numbers on the business
[04:02.280 --> 04:06.240]  plan are so high it's scary.
[04:06.240 --> 04:12.120]  This plan, I hope no lawyers are listening, but the plan is to eliminate the profession
[04:12.120 --> 04:16.320]  of lawyer and get lawyers to pay us to do it.
[04:16.320 --> 04:24.000]  And with the way the tool is coming together, a lawyer, once the tool gets established in
[04:24.000 --> 04:28.560]  the industry, will almost have to use it.
[04:28.560 --> 04:33.840]  Because if one lawyer is using it and the other lawyer is not using it, the one that's
[04:33.840 --> 04:39.360]  not is likely to miss something, the one that is won't miss anything.
[04:39.360 --> 04:47.720]  So when I run the numbers on it, the numbers are so high, they're kind of scary.
[04:47.720 --> 04:56.960]  But what my promoters are telling me is if I want to get the best result, I need a working
[04:56.960 --> 04:58.080]  product.
[04:58.080 --> 05:05.240]  So, traffic is the one that's closest to being completed, and it's the logical one
[05:05.240 --> 05:09.880]  to use as a demonstration.
[05:09.880 --> 05:18.520]  I'm finishing up about a half a dozen maps that all attach to the traffic, and I'm adding
[05:18.520 --> 05:21.720]  in the motions and pleadings now.
[05:21.720 --> 05:27.840]  So it should be another month or so I should have this thing ready to launch.
[05:27.840 --> 05:38.360]  But I am somewhat dubious because when we do launch this thing, immediately everybody
[05:38.360 --> 05:40.080]  will know what it is.
[05:40.080 --> 05:45.680]  They'll know it's here and they'll see what's happening because we will effectively shut
[05:45.680 --> 05:47.440]  down traffic enforcement.
[05:47.440 --> 05:56.400]  They just won't be able to enforce because the effect it will have on the officers, on
[05:56.400 --> 06:03.760]  the lawyers, for the prosecuting attorneys for these municipalities and the judges, is
[06:03.760 --> 06:16.920]  he for the most part in a municipal court and researching the statistics from the Texas
[06:16.920 --> 06:21.200]  Office of Court Administration.
[06:21.200 --> 06:30.120]  In Texas, last year, there were right at one million, I'm sorry, one million cases
[06:30.120 --> 06:44.400]  far, no, no, ten million cases far, ten million cases, and of those ten million cases, seven
[06:44.400 --> 06:52.960]  million were traffic related, and of those seven million traffic related cases, five
[06:52.960 --> 06:58.240]  and a half million were municipal courts.
[06:58.240 --> 07:07.640]  That is by far the largest target, and it turns out to be the softest target.
[07:07.640 --> 07:14.720]  In the higher level courts, there's only almost two million filed in the county and district
[07:14.720 --> 07:15.720]  courts.
[07:15.720 --> 07:23.760]  All of the rest, the other seven point something millions, all filed in JP municipal and by
[07:23.760 --> 07:32.520]  far the largest majority of those are traffic, so traffic is the big deal, and in a JP court,
[07:32.520 --> 07:38.120]  you have an elected judge that does not necessarily have to be a lawyer.
[07:38.120 --> 07:44.920]  In the municipal courts, the judge does not have to be a lawyer, but he is the practice
[07:44.920 --> 07:51.960]  now of using lawyers for municipal courts, and a lot of the municipal courts are going
[07:51.960 --> 08:00.280]  to courts of record, and in a court of record, a municipal court judge is required to be
[08:00.280 --> 08:02.960]  a lawyer.
[08:02.960 --> 08:11.680]  So what it seems like is that since all the courts of record have to have lawyers, everybody
[08:11.680 --> 08:18.520]  for the most part has just stopped appointing anyone who's not a lawyer, and it may be that
[08:18.520 --> 08:24.800]  more and more cities are getting sued, so they want some, they're judged to be learned
[08:24.800 --> 08:26.800]  at council.
[08:26.800 --> 08:37.640]  Well, at the end of the day, that makes them more vulnerable, because as a rule, the judges
[08:37.640 --> 08:44.240]  in municipal courts still have their barcars, a county or district court judge, once he
[08:44.240 --> 08:53.640]  gets elected, he can no longer practice law, but municipal court judges can't, so you wind
[08:53.640 --> 09:00.000]  up getting judges that need to make some extra bucks on the side.
[09:00.000 --> 09:05.120]  So they tend not to be the sharpest knives in the drawer.
[09:05.120 --> 09:08.280]  If they were, they'd be making the big bucks.
[09:08.280 --> 09:15.480]  So they come down to the municipal courts to make a few extra dollars, and the lawyers
[09:15.480 --> 09:22.680]  who come to the municipal courts, they're off times brand new lawyers first out of law
[09:22.680 --> 09:23.680]  school.
[09:23.680 --> 09:29.240]  Now, someone gets out of law school, and they're not in the top 10% of the class, and the chance
[09:29.240 --> 09:32.800]  is not going to get picked up by a law firm.
[09:32.800 --> 09:40.800]  So they wind up with a bar card, a huge student loan to pay off on the order of $140,000 to
[09:40.800 --> 09:48.600]  $180,000, and they don't know how to practice law.
[09:48.600 --> 09:52.680]  They know how to argue legal issues, that's what you teach in law school.
[09:52.680 --> 09:55.320]  They don't teach how to practice law.
[09:55.320 --> 10:01.120]  So if they don't get picked up by a law firm, they either go down and get put on the attorney
[10:01.120 --> 10:07.720]  wheel so they can be court appointed counsel, or they try to get hired on as a municipal
[10:07.720 --> 10:12.200]  court prosecutor, because they don't do anything there but make a deal.
[10:12.200 --> 10:15.480]  They don't really adjudicate cases.
[10:15.480 --> 10:22.000]  And the judge and the older lawyers tend to mentor these younger lawyers and bring them
[10:22.000 --> 10:23.000]  along.
[10:23.000 --> 10:34.480]  Well, once we launch this project, every time someone uses our tools, everybody gets hammered.
[10:34.480 --> 10:45.240]  The police officer gets a TECO complaint, the prosecutor will get probably a number
[10:45.240 --> 10:51.840]  of bar grievances, the judge will get bar grievances, and judicial conduct complaints,
[10:51.840 --> 10:58.760]  and both of those two will get criminal accusations against them, and possibly the police officer
[10:58.760 --> 10:59.760]  as well.
[10:59.760 --> 11:07.160]  They're going to have all kinds of legal issues coming at them and legal issues that have
[11:07.160 --> 11:14.320]  traditionally been very problematic for them, because that's been exactly the idea, these
[11:14.320 --> 11:23.040]  great problematic issues for them, and when the person comes to the website, downloads
[11:23.040 --> 11:30.120]  all this documentation and files it with the court, then goes into the court and the courts
[11:30.120 --> 11:35.720]  do what they normally do, which is just ignore everything and blow it off.
[11:35.720 --> 11:42.720]  Then the guy leaves the court, goes home, gets on the website, goes see the questionnaire
[11:42.720 --> 11:53.720]  for what, after first hearing, and it will produce a whole other stack of documents to
[11:53.720 --> 11:59.840]  file that specifically go to the court's behavior.
[11:59.840 --> 12:07.120]  So the client goes in, the prosecutor and the judge try to run them through the railroad
[12:07.120 --> 12:13.240]  routine, ignore all their motions, the prosecutor doesn't answer the motion, the judge lets
[12:13.240 --> 12:18.000]  them argue the motions, we file against them for that, the judge doesn't address every
[12:18.000 --> 12:23.120]  issue in every motion, we file against them for that, and then we accuse them of conspiring
[12:23.120 --> 12:27.440]  with each other, working together, we accuse the prosecutor of not correcting the judge
[12:27.440 --> 12:31.720]  when he does something wrong, he gets the bar grievance over that, just a whole stack
[12:31.720 --> 12:38.520]  of them, they bring them back, file them the next day.
[12:38.520 --> 12:48.200]  So they'll look at these and we'll make it impossible for them to prosecute.
[12:48.200 --> 12:56.640]  And when they first start getting out, you know, the judges have these forums and when
[12:56.640 --> 13:01.640]  a judge gets something unusual, he goes on the forum and tells all the other judges about
[13:01.640 --> 13:05.160]  it, they discuss these issues and how to handle them.
[13:05.160 --> 13:14.960]  Well, as soon as we launch, these issues are going to be all over the place, and very soon
[13:14.960 --> 13:20.960]  you won't be able to get a lawyer to work for a municipal court, because first things
[13:20.960 --> 13:24.640]  are going to happen is they're going to get bar-grieved and they're going to lose the
[13:24.640 --> 13:25.640]  malpractice insurance.
[13:25.640 --> 13:33.240]  And you get two or three of them and nobody will hire them, we're ruining their careers.
[13:33.240 --> 13:41.080]  Not my purpose to ruin their careers, but life is tough, it is what it is, deal with
[13:41.080 --> 13:42.080]  it.
[13:42.080 --> 13:50.240]  You don't want to get bar-grieved, follow the law, follow the codes, follow the standards
[13:50.240 --> 13:56.880]  with the prosecutorial function and the American Bar Association standards, Texas Bar Association
[13:56.880 --> 13:59.880]  standards, and you won't have a problem.
[13:59.880 --> 14:08.640]  Well, actually you will, because we'll bar-grieve in many ways, just for yucks, because we can
[14:08.640 --> 14:14.000]  and there's nothing they do about it, they complain all they want to, but the mess they
[14:14.000 --> 14:21.080]  experience is the one they created, so we don't feel sorry for them and just sting them.
[14:21.080 --> 14:30.560]  That's my concern, is very quickly, this has become very well known, I'm trying to figure
[14:30.560 --> 14:36.360]  out how best to do this, so I don't get somebody with really deep pockets, look at what we're
[14:36.360 --> 14:46.240]  doing, push $10 million at it and get my product out before I can.
[14:46.240 --> 14:53.120]  So I feel like I'm kind of walking this tightrope, but we'll feel it out and see how it works,
[14:53.120 --> 15:01.280]  but I will be launching the traffic side within a month or so, and things should get interesting.
[15:01.280 --> 15:05.240]  We do have a caller, I'm going to go ahead and go to a caller.
[15:05.240 --> 15:13.920]  We have Manuel from California, hello Manuel, hold on, I'm having all the trouble getting
[15:13.920 --> 15:31.640]  you unmuted, there you go, okay, go ahead, you were breaking up there, yes, I think I
[15:31.640 --> 15:37.240]  can hear you now, I heard you for a second, I think you're breaking it out, can you find
[15:37.240 --> 15:43.680]  another location and call us back, can you hear me now, is it better?
[15:43.680 --> 15:52.600]  That's better, oh okay, yeah I was calling you because you're about to be in Hickbard.
[15:52.600 --> 16:03.680]  Oh yes, that was, okay, explain it to everybody and I'll go into what my research said.
[16:03.680 --> 16:06.400]  Do you want a little back story or?
[16:06.400 --> 16:10.200]  Yeah, give us a little back story.
[16:10.200 --> 16:16.480]  So yeah, I started the lawsuit in State Court and then the attorney for the city had the
[16:16.480 --> 16:20.320]  case removed federal.
[16:20.320 --> 16:27.840]  And I was, yeah, I was objecting to it and I wanted to have it remanded to the state
[16:27.840 --> 16:35.160]  and she was going to argue that I was Hickbard and to have the case dismissed based on that.
[16:35.160 --> 16:49.320]  Okay, what Hickbard is, is you can't sue them for what they did that got you convicted.
[16:49.320 --> 16:59.920]  However, you know that doesn't mean just because you got convicted you can't sue them.
[16:59.920 --> 17:10.200]  It's the 2018 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas
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[19:43.040 --> 19:52.720]  What it goes to is if the police pull you over and you don't roll down your window and
[19:52.720 --> 19:57.640]  you don't give them your license, and they break your window out and use excessive force
[19:57.640 --> 20:05.000]  and jerking you through the window and slamming you down in the glass and handcuffing you,
[20:05.000 --> 20:14.160]  if you're convicted, you can't sue them for dragging you out the window.
[20:14.160 --> 20:18.640]  But you can sue them for using excessive force.
[20:18.640 --> 20:31.720]  You can't sue them over something they did that was used as part of the prosecution.
[20:31.720 --> 20:42.920]  If they grant you the claim against them and you win, it would interfere with the prosecution
[20:42.920 --> 20:43.920]  with the conviction.
[20:43.920 --> 20:51.200]  Because once there's a conviction, a later court can't interfere with that conviction.
[20:51.200 --> 20:59.080]  If the trial court didn't find that the actions of the police officers violated your right
[20:59.080 --> 21:05.880]  to the point that you had a right to dismissal, then no other court can interfere with that
[21:05.880 --> 21:08.880]  ruling.
[21:08.880 --> 21:19.200]  But if they drug you through the window and used excessive force in smashing you to the
[21:19.200 --> 21:27.200]  pavement, now getting you out of the car was a part of the arrest procedure.
[21:27.200 --> 21:32.960]  Using excessive force to smash you to the concrete is not whether they use excessive
[21:32.960 --> 21:37.960]  force or not won't have any effect on the conviction.
[21:37.960 --> 21:46.280]  So for that, you can sue them for anything that doesn't go directly to what is used to
[21:46.280 --> 21:50.320]  secure the conviction.
[21:50.320 --> 21:55.600]  Now that's not a great explanation, but I haven't studied it enough to be able to explain
[21:55.600 --> 21:57.520]  it more clearly yet.
[21:57.520 --> 21:59.080]  But that's basically the doctrine.
[21:59.080 --> 22:01.080]  Does that sound right to you, Manuel?
[22:01.080 --> 22:02.080]  Yeah.
[22:02.080 --> 22:06.040]  From the page of the link you sent me, yeah, there was some good information in there.
[22:06.040 --> 22:11.320]  It pretty much didn't apply to me, but I don't know how she was going to argue it.
[22:11.320 --> 22:14.320]  Okay, you read the link.
[22:14.320 --> 22:20.720]  Give us the details on your case on what it is you're suing them for and how it relates
[22:20.720 --> 22:24.560]  to the heck doctrine or how it doesn't relate to the heck doctrine.
[22:24.560 --> 22:27.560]  Well, I'm suing them under 1983.
[22:27.560 --> 22:30.440]  Yeah, I got that part.
[22:30.440 --> 22:31.440]  The claims.
[22:31.440 --> 22:32.440]  Yeah.
[22:32.440 --> 22:33.440]  Well, yeah.
[22:33.440 --> 22:34.440]  I'm lawful.
[22:34.440 --> 22:36.160]  What are the claims?
[22:36.160 --> 22:37.160]  Causes of action.
[22:37.160 --> 22:38.160]  Oh, the causes of action.
[22:38.160 --> 22:39.160]  I don't have them.
[22:39.160 --> 22:49.760]  I don't know all of them on the top of my head, but it was about 13 of them.
[22:49.760 --> 22:50.760]  Okay.
[22:50.760 --> 23:01.520]  Did any of them go to issues that would have the effect of nullifying the prosecution?
[23:01.520 --> 23:04.520]  I don't believe so, no.
[23:04.520 --> 23:08.440]  Okay, not knowing what they are, I can't speak to them.
[23:08.440 --> 23:14.640]  Yeah, I know I need to find a complaint, but it was, yeah, lawful detention.
[23:14.640 --> 23:15.640]  Yeah.
[23:15.640 --> 23:16.640]  Okay.
[23:16.640 --> 23:21.840]  I've heard this, and I've heard about, you know, once if you lose the case, you can't
[23:21.840 --> 23:22.840]  sue.
[23:22.840 --> 23:30.160]  And it had been told to me as if that were hard and fast, and it was good finding the
[23:30.160 --> 23:33.360]  heck doctrine, it didn't sound right.
[23:33.360 --> 23:39.600]  It didn't sound right that a court can violate every one of your rights in order to get a
[23:39.600 --> 23:40.600]  conviction.
[23:40.600 --> 23:46.720]  And then once they get a conviction, you're left with no remedy to challenge that.
[23:46.720 --> 23:52.000]  So reading the heck doctrine indicated that there was remedies.
[23:52.000 --> 23:57.120]  Yeah, that's why I wanted Manuel to come on so we could talk about it.
[23:57.120 --> 24:00.960]  Did you find your causes of action?
[24:00.960 --> 24:06.480]  I'm still looking for it, but if you challenge the jurisdiction of the law or court, doesn't
[24:06.480 --> 24:13.400]  that would have nothing to do with the heck doctrine?
[24:13.400 --> 24:15.640]  That should be void, right?
[24:15.640 --> 24:20.680]  Yeah, yeah, that wouldn't, yeah, a challenge subject matter jurisdiction, that's not a
[24:20.680 --> 24:21.680]  suit.
[24:21.680 --> 24:24.840]  So that's just a motion or a pleading.
[24:24.840 --> 24:27.400]  So that wouldn't fall under the heck doctrine at all.
[24:27.400 --> 24:31.920]  And they never, but I'm saying if the lower court doesn't prove it, then they proceed
[24:31.920 --> 24:36.320]  to convict you that this should be null and void, right?
[24:36.320 --> 24:44.240]  Yes, then, yeah, but that is something that should be taken, should be appealed up through
[24:44.240 --> 24:53.600]  the courts and would not be subject to a 1983 suit.
[24:53.600 --> 25:00.960]  Because if you filed a subject matter jurisdiction and the trial court overruled it, then you
[25:00.960 --> 25:06.680]  would have to come back and undermine that ruling before you could challenge it.
[25:06.680 --> 25:13.120]  If they rule against you and you don't challenge the ruling, then the ruling stands, even
[25:13.120 --> 25:14.120]  if it's wrong.
[25:14.120 --> 25:20.080]  Okay, so if I didn't challenge you, then pretty much I am heck-barred.
[25:20.080 --> 25:29.600]  No, no, you're subject to collateral estoppel, I'm sorry, I'm sorry, not collateral estoppel
[25:29.600 --> 25:32.280]  by Residue Dakota.
[25:32.280 --> 25:39.680]  That issue's already been adjudicated and you can't go back, once the appellate clock
[25:39.680 --> 25:46.560]  runs out, then it becomes a final ruling and it can't be challenged by you or another court
[25:46.560 --> 25:48.560]  or anything.
[25:48.560 --> 25:58.200]  Okay, see, you can file a challenge subject matter jurisdiction at any time, but once
[25:58.200 --> 26:02.280]  you've filed it, then it has to be adjudicated.
[26:02.280 --> 26:09.760]  If they adjudicated improperly, you have to appeal it and keep it before the court.
[26:09.760 --> 26:16.720]  You can't let the court's plenary jurisdiction run out and like municipal courts, the judge
[26:16.720 --> 26:20.080]  has 10 days of plenary jurisdiction.
[26:20.080 --> 26:23.640]  In all the other courts, they tend to have 30 days.
[26:23.640 --> 26:29.560]  So after a final ruling, you've got 30 days to file a notice of appeal and that stops
[26:29.560 --> 26:30.560]  the clock.
[26:30.560 --> 26:42.360]  If you exceed that, then the judge loses plenary jurisdiction and you can no longer assault
[26:42.360 --> 26:45.080]  his ruling.
[26:45.080 --> 26:51.160]  It becomes Residue Dakota as a matter of law.
[26:51.160 --> 26:54.160]  Did that make sense?
[26:54.160 --> 26:58.640]  Yeah, a little bit.
[26:58.640 --> 27:04.880]  Once a ruling is final in a lower court, a higher court cannot touch that ruling and
[27:04.880 --> 27:12.920]  that's why I was talking to Jeffrey Mississippi on petitions for declaratory judgment.
[27:12.920 --> 27:16.280]  Members really don't understand petitions for declaratory judgment.
[27:16.280 --> 27:23.600]  They always treat them as a normal suit and a petition for declaratory judgment is something
[27:23.600 --> 27:26.440]  you can use to sneak up on them with.
[27:26.440 --> 27:33.400]  They won't necessarily recognize the import of the ruling you're trying to get.
[27:33.400 --> 27:40.360]  So they will tend to not argue the issue is hard, not waste as much time on it and if
[27:40.360 --> 27:46.800]  you set it up right, then you come back at them with a claim against them that the primary
[27:46.800 --> 27:55.720]  claim is based on this issue and now you have this issue as Residue Dakota.
[27:55.720 --> 28:07.360]  Like right now we have some people in Texas there, Tim and Laura, we've got a Ritter
[28:07.360 --> 28:14.160]  Mandamus before the court and the court picked up our mandamus and in the mandamus we asked
[28:14.160 --> 28:21.520]  the court to dismiss the trial court case for lack of subject matter jurisdiction.
[28:21.520 --> 28:28.200]  If the appellate court dismisses, you're getting a lot of background noise, if the appellate
[28:28.200 --> 28:33.840]  court dismisses for lack of subject matter jurisdiction, the lack of subject matter jurisdiction
[28:33.840 --> 28:46.000]  becomes Residue Dakota, it's a done deal and part of it is that we countersuit them and
[28:46.000 --> 28:57.240]  our countersuit claimed that the petitioner lacked the legal capacity to invoke the subject
[28:57.240 --> 29:00.440]  matter jurisdiction of the court.
[29:00.440 --> 29:13.560]  So if the appellate court grants the mandamus and dismisses the trial court action, then
[29:13.560 --> 29:20.840]  what these, the other side is claiming that since we sued them that we stipulated the
[29:20.840 --> 29:24.680]  jurisdiction, these guys have not done their homework.
[29:24.680 --> 29:29.240]  We sued, we countersued in the trial court and the trial court does have jurisdiction
[29:29.240 --> 29:32.080]  for our countersuit.
[29:32.080 --> 29:40.680]  So if the court rules that the plaintiff didn't have a standing to invoke subject matter jurisdiction
[29:40.680 --> 29:48.160]  of the court and throws theirs out, ours still stands before the court and their, our claim
[29:48.160 --> 29:54.720]  against them becomes Residue Dakota already adjudicated, hang on, go into break, Randy
[29:54.720 --> 30:20.720]  Kelton with our radio, we'll be right back.
[30:20.720 --> 30:50.560]  We'll see you in the next video, we'll see you in the next video, we'll see you in the
[30:50.560 --> 30:51.560]  next video.
[30:51.560 --> 30:52.560]  Thanks for watching.
[30:52.560 --> 30:53.560]  If you enjoyed this video, please like, share, and subscribe.
[30:53.560 --> 30:54.560]  We'll see you in the next video.
[30:54.560 --> 30:55.560]  Thanks for watching.
[30:55.560 --> 31:23.560]  We'll see you in the next video.
[31:25.560 --> 31:26.560]  Thanks.
[31:26.560 --> 31:27.560]  Thanks for watching.
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[33:24.720 --> 33:36.280]  Okay, we are back, Randy Kelton, Rule of Law Radio on this Friday, the 15th day of June
[33:36.280 --> 33:45.680]  2018 and we're talking to Manuel in California about the heck doctrine.
[33:45.680 --> 33:53.120]  And on the break my producer sent me a link but I don't see the link.
[33:53.120 --> 33:59.880]  Oh, I had a link to it and I was going to go through it but I don't see the link so
[33:59.880 --> 34:08.240]  I can't go through the specifics of it but a lot of times do we get these guys, you know,
[34:08.240 --> 34:14.360]  prosecutors saying that we can't, if we lose the case we can't sue, I was real pleased
[34:14.360 --> 34:15.360]  to find this.
[34:15.360 --> 34:17.360]  Manuel, are you there?
[34:17.360 --> 34:18.360]  Yes.
[34:18.360 --> 34:19.360]  Okay.
[34:19.360 --> 34:23.380]  Did you find your causes of action?
[34:23.380 --> 34:24.880]  I did.
[34:24.880 --> 34:25.880]  Okay.
[34:25.880 --> 34:26.880]  Shoot.
[34:26.880 --> 34:27.880]  All right.
[34:27.880 --> 34:34.800]  First one is a lawful detention, second one is retaliation, third one is false arrest
[34:34.800 --> 34:41.840]  without probable cause or warrant, fourth is false imprisonment, five is assault, six
[34:41.840 --> 34:48.520]  is conversion, seven is abusive process, eight is negligence, nine is failure to screen
[34:48.520 --> 34:55.040]  and hire, ten charges is properly trained, failure to supervise and discipline, puns
[34:55.040 --> 34:56.040]  or...
[34:56.040 --> 34:57.040]  Okay.
[34:57.040 --> 35:06.240]  All of those seem to go to due process and none of those seem to go to the issues before
[35:06.240 --> 35:07.240]  the court.
[35:07.240 --> 35:16.080]  But I would need to do, if I can bring up another page here, I'll bring up the heck doctrine
[35:16.080 --> 35:29.560]  and we'll read through and see what it says, H-E-C-K doctrine, heck doctrine, Humphrey,
[35:29.560 --> 35:35.840]  heck v. Humphrey, while the petitioner, okay that's the whole case, let me find a synopsis
[35:35.840 --> 35:44.840]  of it, definition of defining the reach of heck versus Humphrey, convicted criminals seeking
[35:44.840 --> 35:50.480]  challenge the unconstitutional conduct that occurred in the course of their prosecution
[35:50.480 --> 35:55.840]  or confinement can pursue relief through two avenues.
[35:55.840 --> 36:01.040]  One option is relief under the habeas corp of statute which permits the federal court
[36:01.040 --> 36:07.960]  to order the release of a state prisoner whose confinement violates the constitution of federal
[36:07.960 --> 36:08.960]  law.
[36:08.960 --> 36:16.240]  The other is available through the US, sorry, the other is available through 42 US Code 1983
[36:16.240 --> 36:22.880]  which permits any person who has been unconstitutionally wronged by an individual acting under color
[36:22.880 --> 36:28.960]  of state law to seek damages or injunctive relief in federal court.
[36:28.960 --> 36:35.120]  Both statues provide remedies for constitutional violations so their applicability overlaps
[36:35.120 --> 36:44.080]  when a criminal convicted in the state court challenges the constitutionality of his conviction
[36:44.080 --> 36:45.080]  or sentence.
[36:45.080 --> 36:52.080]  As a result, the Supreme Court has had to confront the question of whether the two causes
[36:52.080 --> 36:59.040]  of action are interchangeable when a state prisoner challenges his conviction or confinement.
[36:59.040 --> 37:06.600]  The court answered that question in the negative in heck versus Humphrey and established a rule
[37:06.600 --> 37:11.960]  that has become paramount in the realm of prisoner litigation, a prisoner seeking damages
[37:11.960 --> 37:18.640]  for unconstitutional conviction or imprisonment must have the conviction or sentence reversed
[37:18.640 --> 37:26.080]  on appeal or otherwise declared invalid before his 1983 claim can proceed.
[37:26.080 --> 37:32.320]  Federal judges hearing 1983 claims must determine whether a judgment in favor of the plaintiff
[37:32.320 --> 37:38.720]  would necessarily imply the invalidity of his conviction or sentence.
[37:38.720 --> 37:43.600]  If it would, the complaint must be dismissed unless the plaintiff can demonstrate that
[37:43.600 --> 37:48.560]  the conviction or the sentence has already been invalidated.
[37:48.560 --> 37:53.640]  Courts have used the heck rule to dismiss a substantial number of 1983 cases brought
[37:53.640 --> 37:59.320]  by imprisoned criminals that seems to primarily go to imprisoned criminals, but I'm sure
[37:59.320 --> 38:01.920]  it extends beyond that.
[38:01.920 --> 38:06.400]  Have you done any research beyond this, Manuel?
[38:06.400 --> 38:11.800]  Well, from what I read, it only implies the prisoners, but then also in people versus
[38:11.800 --> 38:16.320]  battle, the infractions are not crying, so that was understood.
[38:16.320 --> 38:17.320]  Okay.
[38:17.320 --> 38:18.320]  Okay.
[38:18.320 --> 38:20.720]  I see where this would still go to you.
[38:20.720 --> 38:26.600]  They're talking about people in prison, but primarily people who have been convicted,
[38:26.600 --> 38:32.320]  and so since this is traffic, you have the conviction as you just happen not to still
[38:32.320 --> 38:37.760]  be in prison because they didn't have a prison term, but I see where it would still apply.
[38:37.760 --> 38:42.040]  Well, I was never in prison, that's the point, yeah.
[38:42.040 --> 38:44.560]  Yeah, but I think you were convicted.
[38:44.560 --> 38:47.560]  Yeah, convicted.
[38:47.560 --> 38:54.320]  And so it goes to the fact of the conviction and not whether you're in jail or not.
[38:54.320 --> 38:59.560]  Apparently, the courts are dealing with these that are primarily filed by people who are
[38:59.560 --> 39:01.560]  in jail trying to get out.
[39:01.560 --> 39:02.560]  But anyway.
[39:02.560 --> 39:08.320]  So what about people versus battle, doesn't that apply because infractions are in crimes?
[39:08.320 --> 39:11.880]  Okay, say that again.
[39:11.880 --> 39:17.480]  People versus battle, the Supreme Court ruling that infractions are not crimes, would that
[39:17.480 --> 39:18.480]  be applicable?
[39:18.480 --> 39:26.880]  I don't know, okay, this is this is California law.
[39:26.880 --> 39:34.600]  In most states, a traffic citation is construed as a crime, and we've had discussions about
[39:34.600 --> 39:40.400]  infractions before, but I'm not the expert on the case law on that.
[39:40.400 --> 39:45.880]  We have some people claiming that an infraction is civil.
[39:45.880 --> 39:51.800]  And we have others claiming that an infraction is quasi-criminal.
[39:51.800 --> 39:56.200]  I don't know what quasi-criminal would be, but that's what they're claiming.
[39:56.200 --> 39:58.920]  So there is some confusion about that.
[39:58.920 --> 40:10.600]  I could not answer definitively about whether or not the heck doctrine would apply to a
[40:10.600 --> 40:15.360]  conviction on an infraction.
[40:15.360 --> 40:23.080]  I suspect it would, because if it requires a judicial determination, the doctrine essentially
[40:23.080 --> 40:26.280]  goes to the judicial determination.
[40:26.280 --> 40:38.160]  I mean, the heck doctrine prevents suits that would disturb the judicial determination.
[40:38.160 --> 40:47.680]  Now if it goes to a civil administrative issue, that may be different.
[40:47.680 --> 40:50.600]  That's just my uneducated opinion.
[40:50.600 --> 40:56.120]  I haven't studied the heck doctrine enough, the case law enough, to get a good feel of
[40:56.120 --> 41:02.560]  it, but I will be looking at that, because that's something that comes up pretty often.
[41:02.560 --> 41:13.800]  But if this came up when we had someone who was facing criminal prosecution, and if we
[41:13.800 --> 41:23.880]  understand the heck doctrine, we'll know how to set the record so that if they are convicted
[41:23.880 --> 41:31.960]  and subjected to punishment, then you have claims, and we've set up claims that allow
[41:31.960 --> 41:34.200]  you to mitigate that punishment.
[41:34.200 --> 41:36.480]  Does that make sense?
[41:36.480 --> 41:38.480]  Yes, it does.
[41:38.480 --> 41:45.880]  Yeah, so if we understand it, then we know how to lay plants that we can use later.
[41:45.880 --> 41:54.080]  We suck them in to doing really stupid stuff that would necessarily disrupt the prosecution.
[41:54.080 --> 41:57.600]  Okay, do you have anything else for us, Manuel?
[41:57.600 --> 41:59.240]  Yeah, one more question.
[41:59.240 --> 42:04.480]  I've never got to argue the heck bar because the case was remanded back to the state.
[42:04.480 --> 42:10.080]  I guess the attorney lied, she committed perjury, and she lied to the judge saying that one
[42:10.080 --> 42:15.600]  of the defendants was actually out of business, they currently are in business, so they didn't
[42:15.600 --> 42:21.920]  properly notify that person before they moved the case to federal, so the judge remanded
[42:21.920 --> 42:23.560]  it back to the state.
[42:23.560 --> 42:30.720]  So now I know there is sanctions for when they improperly remove, can I still file those?
[42:30.720 --> 42:39.680]  You needed to file for sanctions with the notice for the request to remand.
[42:39.680 --> 42:43.760]  Oh, okay, so it's too late now?
[42:43.760 --> 42:48.680]  Since the ruling was in the federal court, I would say yes.
[42:48.680 --> 42:49.680]  Okay.
[42:49.680 --> 43:00.560]  The state court would have no standing because the offense was committed in the federal domain.
[43:00.560 --> 43:10.240]  But you could file some bar grievances, that's often better than sanctions, and where you
[43:10.240 --> 43:18.640]  have the judge ruling that remanding because these lawyers misrepresented the truth, you
[43:18.640 --> 43:23.640]  can have a pretty good bar in California, they may actually clobber them.
[43:23.640 --> 43:24.640]  Oh, wow.
[43:24.640 --> 43:29.480]  I could just send a copy of that with the bar complaint.
[43:29.480 --> 43:30.480]  Exactly.
[43:30.480 --> 43:31.480]  Oh, wow.
[43:31.480 --> 43:39.480]  That becomes a res judicata, the fact that they committed perjury is already been determined.
[43:39.480 --> 43:40.480]  Okay.
[43:40.480 --> 43:45.200]  If you have anything else from you, because we're about to go to break.
[43:45.200 --> 43:48.480]  That's all right, I'll let you go, but thank you very much.
[43:48.480 --> 43:54.400]  Okay, thank you Manuel, Randy Kelton, Rueva Radio, our call in number 512-646-1984.
[43:54.400 --> 43:56.920]  We'll be right back.
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[46:22.320 --> 46:34.240]  Okay, we are back, Randy Kelton, rule of law radio, and we're going to Ken in New York.
[46:34.240 --> 46:35.240]  Hello, Ken.
[46:35.240 --> 46:37.240]  What do you have for us today?
[46:37.240 --> 46:43.200]  I have something for Jeff in Mississippi.
[46:43.200 --> 46:51.520]  I think we were talking last week about something to do with making a UI unemployment claim.
[46:51.520 --> 47:02.120]  I looked on Mississippi home on second place.
[47:02.120 --> 47:12.120]  As I recall, I talked to you once about this, and you were going to send me an email, so
[47:12.120 --> 47:17.360]  I could forward it to Ken, to Jeff, and I don't remember if I did that or not.
[47:17.360 --> 47:19.360]  Did I do that?
[47:19.360 --> 47:27.520]  I'd be happy to talk to him if you want, but I think what he has going with him was not
[47:27.520 --> 47:32.480]  the same thing that I had going, but there is something that I wanted to mention since
[47:32.480 --> 47:34.600]  he's got enough problems already.
[47:34.600 --> 47:41.040]  I wouldn't want to see him step in the doo-doo of making a claim for unemployment insurance
[47:41.040 --> 47:43.480]  and then going into the hospital.
[47:43.480 --> 47:54.560]  What happens there is there is a penalty, it's $500 a 30 days in jail for each claim.
[47:54.560 --> 48:00.680]  For example, if you claim one week and you're actually in the hospital, it could be an important,
[48:00.680 --> 48:04.640]  you made a claim, you set everything up and the checks start coming in, but you're not
[48:04.640 --> 48:11.560]  actually technically speaking willing and able to find work, and they have ways to check
[48:11.560 --> 48:19.280]  and it's cross-checking, so it's called Benefit Payment Control, and I can send you the link
[48:19.280 --> 48:20.280]  to it.
[48:20.280 --> 48:26.160]  It's in the website for Mississippi Department of Employment Security.
[48:26.160 --> 48:36.080]  Okay, does this go to receiving unemployment or applying for unemployment?
[48:36.080 --> 48:44.160]  Because Jeff had a stomach operation, so he was unable to seek employment.
[48:44.160 --> 48:51.800]  Right, but did he apply for it and did he actually get any check?
[48:51.800 --> 48:55.880]  Apparently he didn't before he got the operation.
[48:55.880 --> 48:56.880]  Didn't apply?
[48:56.880 --> 49:02.520]  I don't know if he applied for it, but he didn't get the check because the other side
[49:02.520 --> 49:09.640]  opposed it, and in between time he had to have this operation right away, so he got
[49:09.640 --> 49:15.840]  the operation very quickly after they fired him, select within a week or so.
[49:15.840 --> 49:20.280]  I would have been fortuitous anyway because then at least he didn't actually receive any
[49:20.280 --> 49:21.280]  money.
[49:21.280 --> 49:27.680]  What happened with me was I called up the state in New York and I asked them to suspend
[49:27.680 --> 49:33.120]  me to suspend the payment until I get out of the hospital, and there was no problem.
[49:33.120 --> 49:34.620]  They suspended it.
[49:34.620 --> 49:41.160]  It took me three months to recover, and then after the recovery, I went right back on unemployment
[49:41.160 --> 49:43.160]  again and I didn't lose any time.
[49:43.160 --> 49:48.680]  You get a maximum of 26 weeks and it's the same thing in Mississippi, so as long as
[49:48.680 --> 49:54.160]  you call them up and you make an arrangement, there's no problem, but if you did receive
[49:54.160 --> 49:57.920]  checks while you were in the hospital, you would have to pay them back, obviously.
[49:57.920 --> 49:58.920]  Yeah.
[49:58.920 --> 49:59.920]  Otherwise, you're double-diffing.
[49:59.920 --> 50:00.920]  Yeah.
[50:00.920 --> 50:04.960]  Like some local politicians I know about here.
[50:04.960 --> 50:05.960]  Yeah.
[50:05.960 --> 50:06.960]  Exactly.
[50:06.960 --> 50:11.280]  And he's also a committee man.
[50:11.280 --> 50:19.400]  That's two offices of public emolument, and that comes under the legal definition of
[50:19.400 --> 50:20.400]  a no-no.
[50:20.400 --> 50:32.800]  So that was primarily the thing that I could offer, as far as the other stuff that happened.
[50:32.800 --> 50:36.640]  It's really not, you know, I'm not sure there's anything.
[50:36.640 --> 50:39.640]  I don't see anything that I could do for them except...
[50:39.640 --> 50:40.640]  Oh, okay.
[50:40.640 --> 50:41.640]  Okay.
[50:41.640 --> 50:42.640]  Just...
[50:42.640 --> 50:46.440]  I think that's what you told me last time, and I couldn't remember the details.
[50:46.440 --> 50:47.440]  Okay.
[50:47.440 --> 50:52.440]  You just mentioned infractions, I never heard of that before, but it's an interesting concept
[50:52.440 --> 50:55.080]  that you're not sure whether it's...
[50:55.080 --> 51:02.240]  That's California trying to do a little song and dance in Celserdown, New Pants, trying
[51:02.240 --> 51:10.120]  to get around some of the statutory requirements for arrests.
[51:10.120 --> 51:15.280]  Wouldn't that be a good subject for your petitions for the declaratory judgment, if you could
[51:15.280 --> 51:17.640]  frame it correctly?
[51:17.640 --> 51:21.320]  Yeah, I'm not sure.
[51:21.320 --> 51:27.480]  I'd have to study, go back and re-study infractions and how they're construed to be different
[51:27.480 --> 51:39.880]  than a criminal accusation, because if they order you to court on an infraction, can they
[51:39.880 --> 51:42.280]  arrest you for failure to appear?
[51:42.280 --> 51:49.160]  Because in the civil case, if you're summoned to court, you don't see that stuff on there.
[51:49.160 --> 51:56.280]  If you don't appear, you'll be issued a failure to appear because a civil court, you can come
[51:56.280 --> 52:01.080]  if you want to, if you don't, then you default.
[52:01.080 --> 52:06.960]  So if you don't show up on an infraction, do you default, or will you be having DUI
[52:06.960 --> 52:08.960]  sent out for you?
[52:08.960 --> 52:15.120]  Well, I'm a DUI, I have a failure to appear charged, so questions I don't know yet.
[52:15.120 --> 52:21.720]  Wouldn't the question be as simple as just asking if an infraction is...
[52:21.720 --> 52:28.960]  Yeah, but I don't have that from California here to ask, so I can't address it on the
[52:28.960 --> 52:29.960]  show right now.
[52:29.960 --> 52:36.120]  I was looking at my board and I don't see anybody from California, or I'd bring them
[52:36.120 --> 52:38.120]  on and ask them.
[52:38.120 --> 52:45.040]  Well, one other question is about the, I listened to Tim and Laurie, I thought it was great.
[52:45.040 --> 52:51.840]  The question is, how much corruption or fraud do you have to prove before you can start
[52:51.840 --> 52:53.840]  going after bonds?
[52:53.840 --> 52:56.000]  Is that what you really know?
[52:56.000 --> 53:00.640]  I don't know that there is a lower limit.
[53:00.640 --> 53:07.680]  I don't mean in terms of monetary, I mean in terms of how difficult is it to go, I mean
[53:07.680 --> 53:11.800]  can you call up, can you call up the bonding insurance if you could find out who they were?
[53:11.800 --> 53:16.480]  And I said, I think you guys better stop your golfing and go pay attention to what your
[53:16.480 --> 53:18.920]  boys are doing over there.
[53:18.920 --> 53:26.480]  I suspect it would be an amount sufficient to make it economically feasible to file an
[53:26.480 --> 53:27.480]  action.
[53:27.480 --> 53:37.640]  So, if you got 10 buck claim, it's hardly going to be worth it to file the action.
[53:37.640 --> 53:44.160]  But if you've been harmed and you can claim a large enough amount, then I don't think
[53:44.160 --> 53:51.960]  there, I don't know of any limitation on filing suit against another party.
[53:51.960 --> 53:57.080]  The amount you claim will determine the court you file in, but I don't know that there's
[53:57.080 --> 53:59.960]  a lower limit.
[53:59.960 --> 54:04.520]  So, you can't do it just for the fun of it?
[54:04.520 --> 54:08.720]  Yeah, you could sue them in the JP court for 10 bucks.
[54:08.720 --> 54:12.200]  Okay, it costs you 60 bucks to file.
[54:12.200 --> 54:15.880]  But if it's just a practice, what the heck?
[54:15.880 --> 54:21.680]  Or if it's for the purpose of righting the civil wrong, if you have the time and you
[54:21.680 --> 54:28.920]  want to take the action, then you sue them and it's things of big time.
[54:28.920 --> 54:32.080]  This has gone way past that, hasn't it?
[54:32.080 --> 54:35.400]  This, I'm not sure of what you're speaking to.
[54:35.400 --> 54:42.000]  The case, the Tim and Laurie's case, I mean, they got criminals, all kinds of stuff going
[54:42.000 --> 54:43.000]  on.
[54:43.000 --> 54:49.200]  Oh, yeah, I'm not immediately sure you're talking who Tim and Laurie is at the moment,
[54:49.200 --> 54:51.200]  the mind movie.
[54:51.200 --> 54:53.880]  Oh, last night, the one that you...
[54:53.880 --> 54:59.800]  Oh, oh, oh, Tim and Laurie, okay, oh, okay, Tim and Laurie, oh yeah, this is way past it.
[54:59.800 --> 55:04.160]  We got a $300,000 claim against them right now.
[55:04.160 --> 55:13.280]  And a suit, as far as I know, you don't have a claim against the bonding company.
[55:13.280 --> 55:23.000]  The bonding company insured the individual or the municipality, they didn't insure you.
[55:23.000 --> 55:32.320]  So, when you sue the municipality, then the insurer will reimburse the municipality for
[55:32.320 --> 55:35.880]  whatever they lose.
[55:35.880 --> 55:37.560]  You don't have a direct claim against them.
[55:37.560 --> 55:41.960]  I've heard of people claiming that they sue the bonding company, but I hadn't figured
[55:41.960 --> 55:50.160]  out how they can do that unless there's some special statute in state law of hurting people
[55:50.160 --> 55:52.000]  doing this in California.
[55:52.000 --> 56:00.120]  So there may be a particular California law that gives you a claim against the insurer,
[56:00.120 --> 56:03.200]  but as a rule, you have no claim.
[56:03.200 --> 56:08.120]  You only have a claim against the individual, and the insurance company indemnifies the
[56:08.120 --> 56:09.120]  individual.
[56:09.120 --> 56:14.920]  Now, generally, they'll pay for lawyers to come in and help adjudicate the case, like
[56:14.920 --> 56:24.360]  we just got a pleading, a response to our mandamus from the municipal lead from the
[56:24.360 --> 56:26.840]  Texas State Municipal League.
[56:26.840 --> 56:33.120]  And they're the ones that provide the insurance for the municipal court for the municipalities.
[56:33.120 --> 56:37.760]  So when a municipality gets sued, they send in their lawyers.
[56:37.760 --> 56:46.560]  Well, so far, the ones they sent seem to be chumps because his response was worse than
[56:46.560 --> 56:52.600]  the city lawyers was, but as far as I know, that's how it works.
[56:52.600 --> 56:57.840]  You don't have a claim against a bond or a bond is an insurance.
[56:57.840 --> 57:02.200]  I mean, this has gone to the point where you want to make the old Hollywood ad that you
[57:02.200 --> 57:04.440]  guys will never work in this town again.
[57:04.440 --> 57:08.760]  You want to get them out, it's just bad news.
[57:08.760 --> 57:18.200]  Then sue them for 10 bucks five times.
[57:18.200 --> 57:24.960]  That old, they're not so concerned with how much you're suing for because it generally
[57:24.960 --> 57:31.480]  costs them a lot more to pay for their attorneys than the city is anyway, but they're kind
[57:31.480 --> 57:35.200]  of obligated to try to protect their client.
[57:35.200 --> 57:39.920]  So you sue them for chump change several times.
[57:39.920 --> 57:47.680]  Even if you don't want to file a frivolous suit, you want to file one with valid claims.
[57:47.680 --> 57:53.360]  They're just not claims these guys are used to having to deal with.
[57:53.360 --> 57:59.960]  Like I came down to your court and I asked to see some documents and the clerk refused
[57:59.960 --> 58:01.920]  to show those documents to me.
[58:01.920 --> 58:09.680]  Now I drove 50 miles to come down to that court and I used $25 worth of fuel and I used
[58:09.680 --> 58:18.040]  my vehicle that on the average cost me $2 a mile and I missed four hours of work.
[58:18.040 --> 58:22.800]  I want you to reimburse me for all that and sue them for it.
[58:22.800 --> 58:25.240]  I get a music.
[58:25.240 --> 58:35.680]  Okay, Randy Kelton, Ludovilla Radio, sometimes we sue not just to win, but to change things
[58:35.680 --> 58:38.960]  and that's part of the value of this system.
[58:38.960 --> 58:50.240]  Hang on, we'll be right back, call it number 512-646-1984, boss, screw up that outro.
[58:50.240 --> 58:54.360]  Would you like to make more definite progress in your walk with God?
[58:54.360 --> 58:59.600]  Schools for America is offering a free study Bible and a set of free Christian books that
[58:59.600 --> 59:00.920]  can really help.
[59:00.920 --> 59:05.240]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.240 --> 59:06.240]  today.
[59:06.240 --> 59:10.280]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.280 --> 59:13.400]  to know God and to know the meaning of life.
[59:13.400 --> 59:18.640]  The free books are a three volume set called basic elements of the Christian life.
[59:18.640 --> 59:22.920]  Chapter by chapter, basic elements of the Christian life clearly presents God's plan
[59:22.920 --> 59:27.840]  of salvation, growing in Christ and how to build up the church.
[59:27.840 --> 59:32.880]  To order your free New Testament recovery version and basic elements of the Christian
[59:32.880 --> 59:49.160]  life, call Bibles for America toll free at 888-551-0102 or visit us online at bfa.org.
[59:49.160 --> 01:00:07.840]  The following is flash is brought to you by the Lone Star Lowdowns, providing you daily
[01:00:07.840 --> 01:00:23.640]  news updates and the inside scoop into the tides of the alternative.
[01:00:23.640 --> 01:00:31.840]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce, silver $16.68 an ounce,
[01:00:31.840 --> 01:00:44.040]  Texas crew $65.51 a barrel, bitcoins at $6,902.19, ethereums at $420.80, bitcoin cash at $652.90
[01:00:44.040 --> 01:00:51.840]  and finally light coins at $114.34 a crypto coin.
[01:00:51.840 --> 01:01:01.280]  Today in History, the year 1968, President Lyndon B. Johnson signs the Civil Rights Act
[01:01:01.280 --> 01:01:06.200]  of 1968, which prohibited private businesses from discriminating based on race, color,
[01:01:06.200 --> 01:01:08.080]  religion, sex or national origin.
[01:01:08.080 --> 01:01:13.240]  It also prohibited unequal application of voter registration requirements, racial segregation
[01:01:13.240 --> 01:01:18.160]  in public schools and employment and public accommodations for places of business.
[01:01:18.160 --> 01:01:24.000]  Today in History.
[01:01:24.000 --> 01:01:28.040]  In recent news, tensions in Syria seem to have reached new levels after a chemical attack
[01:01:28.040 --> 01:01:32.320]  on civilians in the city of Douma, which left 40 dead and many injured, an attack which
[01:01:32.320 --> 01:01:36.760]  is being blamed on the democratically elected president of Syria, Bashar al-Assad, by the
[01:01:36.760 --> 01:01:41.520]  United States and on Israel by Russia, either accusatory narrative without any verified
[01:01:41.520 --> 01:01:43.400]  evidence as of yet.
[01:01:43.400 --> 01:01:47.240]  President Trump tweeted today Wednesday that if, quote, Russia vows to shoot down any and
[01:01:47.240 --> 01:01:51.600]  all missiles fired at Syria, get ready, Russia, because they will be coming in nice and new
[01:01:51.600 --> 01:01:56.440]  and smart, going on to warn Russia that you shouldn't be partners with a gas-killing animal
[01:01:56.440 --> 01:01:58.680]  who kills his people and enjoys it.
[01:01:58.680 --> 01:02:02.680]  Many in the West, including President Trump, have been quick to conclude that this chemical
[01:02:02.680 --> 01:02:06.840]  attack must have been conducted by Assad and his forces.
[01:02:06.840 --> 01:02:11.120]  Syria and Russia, on the other hand, have given approval since yesterday for the organization
[01:02:11.120 --> 01:02:15.640]  for the prohibition of chemical weapons to investigate the side of the chemical slaughter.
[01:02:15.640 --> 01:02:19.480]  Assad has been successful in maintaining rule and support during Syria's seven-year civil
[01:02:19.480 --> 01:02:24.080]  war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[01:02:24.080 --> 01:02:28.840]  rebels that are openly being funded by Western governments, with ISIS being one of the more
[01:02:28.840 --> 01:02:32.600]  notorious splinter groups of the American-backed Syrian rebels.
[01:02:32.600 --> 01:02:37.920]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakhova posted on Facebook
[01:02:37.920 --> 01:02:42.240]  that smart missiles should be fired at terrorists and not at a legitimate government, which
[01:02:42.240 --> 01:02:47.160]  has been fighting terrorists, or is this a trick to destroy all traces with a smart missile
[01:02:47.160 --> 01:03:17.000]  strike, and then there will be no evidence for international inspectors to look at.
[01:03:18.160 --> 01:03:20.520]  Okay, we are back.
[01:03:20.520 --> 01:03:28.760]  Brandy Kelton, rule of law radio on this Friday, the 15th day of June 2018, and we're talking
[01:03:28.760 --> 01:03:30.280]  to Ken in New York.
[01:03:30.280 --> 01:03:34.240]  Ken, do we have anything else here?
[01:03:34.240 --> 01:03:38.080]  Just one more thing I thought of for Jeff.
[01:03:38.080 --> 01:03:40.920]  Medicaid is usually a payer of last resort.
[01:03:40.920 --> 01:03:47.080]  I think the hospital will probably sign them up for something local, like something a
[01:03:47.080 --> 01:03:52.360]  equivalent to hospital finance aid in New York, or what they call charity care or tax
[01:03:52.360 --> 01:03:53.360]  payer care.
[01:03:53.360 --> 01:04:02.960]  You have to watch out for that because Medicaid man, denying the claim, you see, that's what
[01:04:02.960 --> 01:04:03.960]  happened.
[01:04:03.960 --> 01:04:09.080]  In my case, the mistake was, and this could happen to him also, if you're in the hospital
[01:04:09.080 --> 01:04:13.840]  in the middle of the month, and they say, oh, we'll sign you up after you get out, and
[01:04:13.840 --> 01:04:20.560]  then you go, you cross the monthly line, like you crossed the first in a month, Medicaid
[01:04:20.560 --> 01:04:26.000]  will only pay for the current month that you actually have a claim in.
[01:04:26.000 --> 01:04:30.120]  For example, if you sign up for Medicaid, if he did that, I don't know how it works
[01:04:30.120 --> 01:04:35.800]  in Mississippi, but if he did sign up, they will start from the first of that month.
[01:04:35.800 --> 01:04:40.800]  So, today is what, the 15th, maybe a week or something.
[01:04:40.800 --> 01:04:48.560]  So, if you're already in the hospital, and you wait to sign up, then while you're in
[01:04:48.560 --> 01:04:50.560]  there, they don't back cover.
[01:04:50.560 --> 01:04:52.720]  Right, and that's what they did to me.
[01:04:52.720 --> 01:04:56.840]  I was in for four days near the end of the month, and then they said, well, we'll sign
[01:04:56.840 --> 01:05:00.040]  you up after you're all done.
[01:05:00.040 --> 01:05:03.080]  That almost accumulated like $4,000 or $5,000.
[01:05:03.080 --> 01:05:04.080]  Oh, wait.
[01:05:04.080 --> 01:05:05.080]  Who told you that?
[01:05:05.080 --> 01:05:06.080]  The hospital.
[01:05:06.080 --> 01:05:09.680]  You should have sued the hospital for that amount.
[01:05:09.680 --> 01:05:14.680]  No, but I wasn't quite that sophisticated at the time.
[01:05:14.680 --> 01:05:15.680]  Nothing.
[01:05:15.680 --> 01:05:21.040]  You know, one thing I was fortunate that they did have was, I did have enough savings to
[01:05:21.040 --> 01:05:23.000]  carry me for the three months.
[01:05:23.000 --> 01:05:24.000]  Most people don't.
[01:05:24.000 --> 01:05:31.280]  They'd be in a horrible state, and Medicaid will allow you to have up to $14,000 in the
[01:05:31.280 --> 01:05:32.280]  bank.
[01:05:32.280 --> 01:05:33.280]  I mentioned this before.
[01:05:33.280 --> 01:05:39.240]  I was fortunate to have 11 at the time, so they won't put any leads against you or anything
[01:05:39.240 --> 01:05:40.240]  like that.
[01:05:40.240 --> 01:05:41.240]  Well, that's good.
[01:05:41.240 --> 01:05:42.240]  Okay.
[01:05:42.240 --> 01:05:44.240]  Do you have anything else for us?
[01:05:44.240 --> 01:05:47.120]  We've got a whole board full of callers.
[01:05:47.120 --> 01:05:48.120]  Thank you.
[01:05:48.120 --> 01:05:49.120]  Good night.
[01:05:49.120 --> 01:05:50.120]  Okay.
[01:05:50.120 --> 01:05:51.120]  Thank you, Ken.
[01:05:51.120 --> 01:05:52.120]  Okay.
[01:05:52.120 --> 01:05:53.120]  Now we're going to John in New York.
[01:05:53.120 --> 01:05:59.240]  If I can get John unmuted, my mouse is hanging up here.
[01:05:59.240 --> 01:06:02.240]  Come on there, John.
[01:06:02.240 --> 01:06:03.240]  Gotcha.
[01:06:03.240 --> 01:06:04.240]  Okay.
[01:06:04.240 --> 01:06:05.240]  Hello, John.
[01:06:05.240 --> 01:06:06.240]  Hello.
[01:06:06.240 --> 01:06:07.240]  How are you doing, Randy?
[01:06:07.240 --> 01:06:08.240]  Doing well.
[01:06:08.240 --> 01:06:10.240]  What do you have for us today?
[01:06:10.240 --> 01:06:12.240]  Well, it's not what I have.
[01:06:12.240 --> 01:06:13.240]  It's what you have.
[01:06:13.240 --> 01:06:14.240]  All that information.
[01:06:14.240 --> 01:06:19.240]  How confident will you that Virginia has a wrongful foreclosure?
[01:06:19.240 --> 01:06:20.240]  Okay.
[01:06:20.240 --> 01:06:24.800]  You have to understand how this works.
[01:06:24.800 --> 01:06:32.640]  Your question seems to imply to me how confident am I that she can win a wrongful foreclosure
[01:06:32.640 --> 01:06:33.640]  suit?
[01:06:33.640 --> 01:06:34.640]  Yeah.
[01:06:34.640 --> 01:06:37.280]  That's a good way to put it, yes.
[01:06:37.280 --> 01:06:38.280]  Not confident at all.
[01:06:38.280 --> 01:06:39.280]  Not confident at all.
[01:06:39.280 --> 01:06:40.280]  Okay.
[01:06:40.280 --> 01:06:41.280]  Tell me.
[01:06:41.280 --> 01:06:52.720]  Well, with the banks owning the judges, I've helped over 700 people file federal lawsuits
[01:06:52.720 --> 01:07:00.280]  against banks, and to my knowledge, most of them just disappear over time.
[01:07:00.280 --> 01:07:02.520]  They just drop out of sight.
[01:07:02.520 --> 01:07:07.160]  To my knowledge, nobody's ever won in court.
[01:07:07.160 --> 01:07:12.560]  Every once in a really great while, you hear about somebody winning in court, but almost
[01:07:12.560 --> 01:07:13.560]  never.
[01:07:13.560 --> 01:07:18.520]  The judges are bought and paid for.
[01:07:18.520 --> 01:07:28.040]  However, if you have a property you're living in and it has a payment on it, and you sue
[01:07:28.040 --> 01:07:36.280]  these guys, she definitely has enough claim to get into the courts, and if she goes into
[01:07:36.280 --> 01:07:41.680]  the courts on a declaratory judgment claim, then Rule 12 doesn't apply.
[01:07:41.680 --> 01:07:45.120]  They don't get to throw it out immediately and just roll over you.
[01:07:45.120 --> 01:07:50.840]  So then you go to Discovery and you can keep that in court probably five or six years by
[01:07:50.840 --> 01:07:54.720]  the time you get to this spring.
[01:07:54.720 --> 01:07:59.080]  And when you get done with the time to get done with that one, you can have another claim
[01:07:59.080 --> 01:08:06.040]  ready and file a second one against them and keep them in court another five or 10 years.
[01:08:06.040 --> 01:08:13.080]  And while you're doing this, take at least half of your whole house payment and put it
[01:08:13.080 --> 01:08:21.280]  in a bank account and use this time to build up a savings that at some point down the road,
[01:08:21.280 --> 01:08:26.400]  you go to these guys and say, Hey, let's make a deal.
[01:08:26.400 --> 01:08:32.560]  So you get to live in the property and save the money you would be paying to live in the
[01:08:32.560 --> 01:08:38.520]  property and then use that money against them at some point down the road.
[01:08:38.520 --> 01:08:45.960]  One that stands out for me is a guy in San Diego, not San Diego Sacramento, California.
[01:08:45.960 --> 01:08:53.240]  I helped him fight them for four or five years and he kept saving money.
[01:08:53.240 --> 01:08:58.280]  And then they said he owed 350 something thousand to start with.
[01:08:58.280 --> 01:09:01.160]  They had it up to nearly 600,000.
[01:09:01.160 --> 01:09:10.960]  He finally got them to the table and they said, Okay, we'll cut your interest from 8.5 to 3.5.
[01:09:10.960 --> 01:09:20.360]  We will forget all of the extra charges will reduce your mortgage to 180,000.
[01:09:20.360 --> 01:09:22.280]  He said, I got to think about it.
[01:09:22.280 --> 01:09:23.280]  That's not enough.
[01:09:23.280 --> 01:09:24.360]  I'll take it.
[01:09:24.360 --> 01:09:36.880]  And he had the only way you can win is with a method of this nature, you might say, All
[01:09:36.880 --> 01:09:37.880]  right.
[01:09:37.880 --> 01:09:43.080]  Use their time to save money and take that money and spend it back to them and get your
[01:09:43.080 --> 01:09:44.080]  house back.
[01:09:44.080 --> 01:09:45.080]  Right.
[01:09:45.080 --> 01:09:46.880]  I got you.
[01:09:46.880 --> 01:09:51.120]  I figured you would say that because I heard you say that before and it makes sense.
[01:09:51.120 --> 01:09:57.560]  Now, my question is this, since the judges and the banks and the politicians are all
[01:09:57.560 --> 01:10:01.920]  in bed together, wouldn't it make sense to go after the judge?
[01:10:01.920 --> 01:10:05.280]  Oh, that's my favorite thing to do.
[01:10:05.280 --> 01:10:10.280]  I filed criminal charges against Judge McBride in Fort Worth, federal judge.
[01:10:10.280 --> 01:10:11.280]  Yeah, I remember.
[01:10:11.280 --> 01:10:15.880]  Oh, that was a great fund.
[01:10:15.880 --> 01:10:19.600]  Tim and Loris filed criminal charges against this local judge.
[01:10:19.600 --> 01:10:25.440]  Now, what kind of charges could I file against any of the judges?
[01:10:25.440 --> 01:10:27.640]  Almost all ways of official misconduct.
[01:10:27.640 --> 01:10:28.640]  Okay.
[01:10:28.640 --> 01:10:29.640]  That is a catch-all.
[01:10:29.640 --> 01:10:34.640]  What would I base it on?
[01:10:34.640 --> 01:10:40.280]  If a public official, acting under the color of his office, fails to perform a duty he's
[01:10:40.280 --> 01:10:45.680]  required to perform or exerts or purports to exert an authority he does not expressly
[01:10:45.680 --> 01:10:53.360]  have, that is a denial of due process, it doesn't have, and in the process denies a citizen
[01:10:53.360 --> 01:10:56.120]  in the full of pre-access to enjoy a middle right.
[01:10:56.120 --> 01:10:57.120]  Okay.
[01:10:57.120 --> 01:10:58.120]  That's a crime.
[01:10:58.120 --> 01:10:59.120]  Class A misdemeanor.
[01:10:59.120 --> 01:11:00.120]  That's a class A misdemeanor.
[01:11:00.120 --> 01:11:01.120]  Yes, it is.
[01:11:01.120 --> 01:11:02.120]  Okay.
[01:11:02.120 --> 01:11:08.120]  A judge has no discretion in properly applying the law to the facts.
[01:11:08.120 --> 01:11:13.600]  A failure to do so is a denial of due process subject to extraordinary rent.
[01:11:13.600 --> 01:11:15.100]  Okay.
[01:11:15.100 --> 01:11:22.440]  It says it is a due process violation subject to extraordinary remedy, which means rent
[01:11:22.440 --> 01:11:23.440]  and mandamus.
[01:11:23.440 --> 01:11:30.000]  The part that I stuck on was it's a due process violation.
[01:11:30.000 --> 01:11:39.000]  That also defines a criminal act under 18 U.S. Code 241-242, and every state has a statute
[01:11:39.000 --> 01:11:40.000]  that reflects it.
[01:11:40.000 --> 01:11:43.000]  In Texas, it's 39.03.
[01:11:43.000 --> 01:11:44.840]  I know New York's got one.
[01:11:44.840 --> 01:11:49.160]  I don't remember the number of the statute, but we've used it before, the Fish and Misconduct
[01:11:49.160 --> 01:11:51.320]  Act, and it's a crime.
[01:11:51.320 --> 01:12:02.440]  So you set up your pleadings so that you make sure that you get the facts before the court,
[01:12:02.440 --> 01:12:08.400]  and you do that by filing a statement of facts, if the other side doesn't file an opposition
[01:12:08.400 --> 01:12:14.080]  to the facts that you stated there or before the court without objection, and then you
[01:12:14.080 --> 01:12:20.200]  fire your pleadings, never make a proactive statement of law out of your own mouth, always
[01:12:20.200 --> 01:12:26.320]  make proactive statements of law out of the mouth of the courts or the legislature, case
[01:12:26.320 --> 01:12:29.720]  law or statute.
[01:12:29.720 --> 01:12:35.880]  Then when you have reason to believe that the judge failed to properly apply the law
[01:12:35.880 --> 01:12:41.280]  to the facts, for instance, you have six issues in a motion.
[01:12:41.280 --> 01:12:45.040]  The judge only addresses two of them.
[01:12:45.040 --> 01:12:50.680]  The other four are acts of admission of his conduct in that he denies you access to the
[01:12:50.680 --> 01:12:51.680]  court.
[01:12:51.680 --> 01:12:56.360]  You file a criminal against the judge for each one of those.
[01:12:56.360 --> 01:12:59.320]  Let him explain it to a grand jury.
[01:12:59.320 --> 01:13:02.280]  The grand jury, okay, got it.
[01:13:02.280 --> 01:13:05.720]  When you try to file it, everybody's going to try to run interference, and then you run
[01:13:05.720 --> 01:13:09.240]  a routine on them.
[01:13:09.240 --> 01:13:14.800]  You get everybody hopping up and down, and you have a pretty good grand jury system
[01:13:14.800 --> 01:13:16.520]  in New York.
[01:13:16.520 --> 01:13:21.840]  It was revamped a few years ago, and they've got a pretty decent grand jury system now.
[01:13:21.840 --> 01:13:28.400]  When you start these judges, you know, they're used to thinking, well, if you don't like
[01:13:28.400 --> 01:13:33.280]  my routine, you can always appeal it.
[01:13:33.280 --> 01:13:38.240]  But they're not used to somebody appealing to a grand jury instead of another set of
[01:13:38.240 --> 01:13:40.880]  corrupt judges.
[01:13:40.880 --> 01:13:45.760]  The grand jury's the one thing that's always a crapshoot.
[01:13:45.760 --> 01:13:56.560]  Scalia said in Williams v. State, or I think it's Williams v. State, he said, any prosecuting
[01:13:56.560 --> 01:13:59.960]  attorney worth his salt can get a ham sandwich indicted.
[01:13:59.960 --> 01:14:02.000]  Yeah, that's right.
[01:14:02.000 --> 01:14:03.840]  They probably can't.
[01:14:03.840 --> 01:14:11.280]  The problem they have in our case is keeping the ham sandwich from getting indicted.
[01:14:11.280 --> 01:14:16.240]  And that, they're never sure they can do.
[01:14:16.240 --> 01:14:21.760]  My prosecuting attorney wants to come into his office, and he is distraught.
[01:14:21.760 --> 01:14:24.960]  And I said, what's the matter, Greg?
[01:14:24.960 --> 01:14:31.680]  Those darn grand jurors, you never know what they're going to do.
[01:14:31.680 --> 01:14:37.640]  And I looked up at the ceiling, held up both hands, and said, there is a God.
[01:14:37.640 --> 01:14:46.280]  I could not have heard anything better from a prosecuting attorney.
[01:14:46.280 --> 01:14:48.560]  And that's what they really think.
[01:14:48.560 --> 01:14:52.240]  We got, you know, we got people out here that, oh, they used to act the grand juries and
[01:14:52.240 --> 01:14:53.240]  blah, blah, blah.
[01:14:53.240 --> 01:14:59.680]  No, our founders were really smart when they set up the grand jury system.
[01:14:59.680 --> 01:15:04.960]  They made it really hard to see grand jurors.
[01:15:04.960 --> 01:15:10.720]  You got to have somebody that's got enough time to be able to spend on this issue.
[01:15:10.720 --> 01:15:14.920]  You can't take somebody who works at Walmart, you just get them fired.
[01:15:14.920 --> 01:15:22.560]  Generally, you get mature people who are retired and have the time to do this.
[01:15:22.560 --> 01:15:27.400]  And also, their folks are a lot harder to manipulate.
[01:15:27.400 --> 01:15:33.560]  And in any case, it's always hard to get a grand jury seated.
[01:15:33.560 --> 01:15:38.240]  So to say that they're handpicking the grand jury, well, the pool's not big enough, that
[01:15:38.240 --> 01:15:40.000]  kind of stuff.
[01:15:40.000 --> 01:15:44.160]  And even then, when you get one in there, you never know what ordinary people are going
[01:15:44.160 --> 01:15:45.840]  to do.
[01:15:45.840 --> 01:15:52.040]  So even if we don't get indictments most of the time, we put that judge in a position
[01:15:52.040 --> 01:16:00.200]  to where that grand jury could end his career tomorrow and there is absolutely nothing he
[01:16:00.200 --> 01:16:01.920]  can do about it.
[01:16:01.920 --> 01:16:08.040]  That's what happened when I put the Court of Appeals in front of a grand jury a few
[01:16:08.040 --> 01:16:16.280]  years ago and they were before a grand jury for three months.
[01:16:16.280 --> 01:16:22.880]  Highest judges in the state of Texas, all nine of them, spent three months wondering
[01:16:22.880 --> 01:16:27.000]  if their career was going to end tomorrow or not.
[01:16:27.000 --> 01:16:28.000]  Nothing they could do.
[01:16:28.000 --> 01:16:36.520]  They could not make one peep, one word out of them, obstruction of justice, jury tampering.
[01:16:36.520 --> 01:16:43.040]  So just filing the complaints is a big deal.
[01:16:43.040 --> 01:16:48.560]  Pursuing them and stirring up the everybody in the courts, if we're going to get control
[01:16:48.560 --> 01:16:51.480]  of our system, this is how we're going to do it.
[01:16:51.480 --> 01:17:00.400]  Hang on, about to go to break, Randy Kelton, rule of law radio, I call in number 512-646-1984.
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[01:19:51.160 --> 01:19:52.160]  We are back.
[01:19:52.160 --> 01:19:57.720]  Randy Kelton with Logos Radio and we're talking to John in New York and Charles, I keep seeing
[01:19:57.720 --> 01:20:00.240]  you and you keep dropping off.
[01:20:00.240 --> 01:20:05.320]  We have an empty board and I'm not sure if that's because we don't have callers or if
[01:20:05.320 --> 01:20:12.320]  we're having issues, but if you have a question or comment, give us a call, 512-646-1984.
[01:20:12.320 --> 01:20:13.320]  Okay.
[01:20:13.320 --> 01:20:17.720]  We're going back to John in Texas, John in New York.
[01:20:17.720 --> 01:20:18.720]  Okay.
[01:20:18.720 --> 01:20:20.720]  Go ahead, John.
[01:20:20.720 --> 01:20:21.720]  Sorry.
[01:20:21.720 --> 01:20:22.720]  Just two things.
[01:20:22.720 --> 01:20:28.880]  I'm going to ask you briefly to help me out with a seat belt ticket for one of my relatives
[01:20:28.880 --> 01:20:35.080]  and then declaratory judgment, explain exactly what must be done and in which court it has
[01:20:35.080 --> 01:20:36.080]  to be filed.
[01:20:36.080 --> 01:20:38.320]  Just summarize the steps for us.
[01:20:38.320 --> 01:20:39.320]  What to do.
[01:20:39.320 --> 01:20:40.320]  Okay.
[01:20:40.320 --> 01:20:44.280]  We have a declaratory judgment statute in the Fed.
[01:20:44.280 --> 01:20:53.040]  What the courts have always said is you cannot invoke the subject matter jurisdiction of the
[01:20:53.040 --> 01:20:58.560]  court unless you bring an actual controversy.
[01:20:58.560 --> 01:21:02.880]  And then they, after 9-11, they passed the Military Commissions Act and the Military
[01:21:02.880 --> 01:21:09.760]  Commissions Act was about as unconstitutional as anything could get.
[01:21:09.760 --> 01:21:18.920]  It's sitting there on the books and the Military Commissions Act says that in a time of emergency
[01:21:18.920 --> 01:21:25.400]  that the military can cancel and dissolve the legislature and the military can take
[01:21:25.400 --> 01:21:27.400]  control.
[01:21:27.400 --> 01:21:36.760]  Well, I can't challenge the Military Commissions Act because I have not been harmed by it.
[01:21:36.760 --> 01:21:45.440]  But if the Military Commissions Act is invoked, then it eliminates my ability to raise an
[01:21:45.440 --> 01:21:46.440]  issue about it.
[01:21:46.440 --> 01:21:48.440]  So where's the remedy?
[01:21:48.440 --> 01:21:56.800]  The remedy is in a petition for declaratory judgment.
[01:21:56.800 --> 01:22:05.640]  And that's a special act passed by the feds and now every state just about has a state
[01:22:05.640 --> 01:22:08.920]  form of a declaratory judgment suit.
[01:22:08.920 --> 01:22:11.840]  You're not suing anyone for damages.
[01:22:11.840 --> 01:22:14.600]  You're not claiming harm.
[01:22:14.600 --> 01:22:20.400]  You're suing for a declaration of your rights.
[01:22:20.400 --> 01:22:31.920]  So I got this client who wrote me a quip claim deed to a property and Wells Fargo was trying
[01:22:31.920 --> 01:22:34.400]  to foreclose.
[01:22:34.400 --> 01:22:40.720]  And I checked the public record and there was no filing in the record showing that Wells
[01:22:40.720 --> 01:22:44.360]  Fargo held a claim on the property.
[01:22:44.360 --> 01:22:51.440]  So I filed a petition for declaratory judgment and asked the court to declare that based
[01:22:51.440 --> 01:22:53.080]  on the public record.
[01:22:53.080 --> 01:23:00.200]  I asked the court to take judicial notice of the public record and you can do that.
[01:23:00.200 --> 01:23:13.360]  And asked the court to rule that there was no filing by Wells Fargo that was filed in
[01:23:13.360 --> 01:23:21.880]  accordance with state law and in accordance with state law I went to Texas government
[01:23:21.880 --> 01:23:27.880]  code 51.901C.
[01:23:27.880 --> 01:23:35.040]  And it says that any document filed in the public record asserting a claim against real
[01:23:35.040 --> 01:23:46.760]  property by someone who has no document granting them authority to make such a claim is presumed
[01:23:46.760 --> 01:23:49.000]  to be fraudulent.
[01:23:49.000 --> 01:23:59.360]  Now we said this assignment is an assignment from a company that no longer exists and hadn't
[01:23:59.360 --> 01:24:01.880]  exist for four or five years.
[01:24:01.880 --> 01:24:08.360]  To Wells Fargo, Merge was acting as an agent for this company but you can't be an agent
[01:24:08.360 --> 01:24:11.680]  for a dead guy.
[01:24:11.680 --> 01:24:16.000]  When a company goes out of business agency ceases.
[01:24:16.000 --> 01:24:20.080]  So we maintained that Merge could not be an agent for this company because the company
[01:24:20.080 --> 01:24:29.120]  didn't exist and they purported to transfer the property to Wells Fargo and we maintained
[01:24:29.120 --> 01:24:38.840]  that the document was fraudulent in accordance with 51.901C and therefore was void and since
[01:24:38.840 --> 01:24:48.120]  that document was void under Texas property code a 13.001 any claim against real property
[01:24:48.120 --> 01:24:53.600]  not properly acknowledged or proven and filed in the record is void as to the holder.
[01:24:53.600 --> 01:24:59.600]  So we asked the court to rule based on the fact that there is no proper assignment.
[01:24:59.600 --> 01:25:06.840]  The claim by Wells Fargo is void as to the holder in accordance with 13.001.
[01:25:06.840 --> 01:25:13.720]  We're not asking for any damages we're not asking for any sanctions we're not asking
[01:25:13.720 --> 01:25:26.600]  for anything just rule on this point of law that's declaratory judgment in the case that
[01:25:26.600 --> 01:25:36.400]  you're helping someone with you have exactly that issue you have an assignment that you
[01:25:36.400 --> 01:25:47.480]  maintain is invalid on its face and that leaves the claimant without a proper claim.
[01:25:47.480 --> 01:25:54.440]  So you asked the court to rule that the claim asserted by this entity is void you're not
[01:25:54.440 --> 01:25:59.040]  asking for any damages from that come you just asking for a ruling on that being void.
[01:25:59.040 --> 01:26:05.000]  Now you get that ruling then you come back and you sue for wrongful foreclosure.
[01:26:05.000 --> 01:26:12.560]  The foreclosure is being prosecuted based on the authority of this filing in the court
[01:26:12.560 --> 01:26:20.320]  in the I'm sorry this filing in the public record and you can come back and say this
[01:26:20.320 --> 01:26:24.680]  filing in the public public record on which they base their claim is void as a matter
[01:26:24.680 --> 01:26:25.680]  of law.
[01:26:25.680 --> 01:26:32.400]  It is residue to cause it's already been adjudicated in this court cannot revisit it move for some
[01:26:32.400 --> 01:26:47.000]  re-judgment did that make sense so far so good so look at a ruling that harms no one
[01:26:47.000 --> 01:26:57.760]  you're just asking the court to rule on facts and law and a court has no discretion in properly
[01:26:57.760 --> 01:27:06.160]  applying the law to the facts and that's what you want to ask the court to do properly apply
[01:27:06.160 --> 01:27:14.360]  the law to the facts in this case and declare the rights of the parties in this case you're
[01:27:14.360 --> 01:27:20.360]  asking the court to declare that this party doesn't have any rights in this particular
[01:27:20.360 --> 01:27:23.080]  instance.
[01:27:23.080 --> 01:27:27.720]  Now that should get you in court the first thing they're going to want to do is file
[01:27:27.720 --> 01:27:32.280]  a rule 12 motion to dismiss a failure state of claim that's what happened in this case
[01:27:32.280 --> 01:27:43.280]  in Fort Worth that I filed and part of the issue they had is the Wells Fargo lawyer said
[01:27:43.280 --> 01:27:49.160]  that the case should be dismissed for failure state of claim and it should be dismissed
[01:27:49.160 --> 01:27:59.400]  because Wells Fargo is not the lender I read that and thought say what holy mackerel by
[01:27:59.400 --> 01:28:05.640]  saying that they're not the lender they're also saying that they do not stand in the
[01:28:05.640 --> 01:28:11.160]  shoes of the lender therefore they're they're saying they're not an agent for the lender
[01:28:11.160 --> 01:28:16.520]  well that was a mistake on the part of the lawyer because the lawyer was right they were
[01:28:16.520 --> 01:28:25.560]  not the lender but they were in fact the claiming to be the agent of the lender the stake on
[01:28:25.560 --> 01:28:34.160]  part of the the lawyer he could fix that unless I ran down to the court and filed a non suit
[01:28:34.160 --> 01:28:40.760]  now he stuck with it so what I did is made up a non suit ran down there and filed it
[01:28:40.760 --> 01:28:48.520]  and I said oh my goodness my bad shame on me I thought that since Wells Fargo was foreclosing
[01:28:48.520 --> 01:28:55.560]  that they were actually the lender but since they're not the lender my bad I non suit this
[01:28:55.560 --> 01:29:03.800]  case now they're screwed they can't come back to the court and say well your honor we made
[01:29:03.800 --> 01:29:10.680]  a mistake when we filed this and I'm gonna say wait a minute I just I non suited this
[01:29:10.680 --> 01:29:19.320]  case because of your mistake I was harmed by that mistake so you can't undo it at this point
[01:29:20.840 --> 01:29:28.600]  but the same day I filed a non suit the judge dismissed was prejudiced for failure to state
[01:29:28.600 --> 01:29:39.800]  a claim duh this was a declaratory judgment suit there was no claim right but the lawyers did not
[01:29:39.800 --> 01:29:46.360]  understand that the judge dismissed it with prejudice I filed criminal charges against him
[01:29:46.360 --> 01:29:59.320]  with the FBI hang on Randy Kelton rule of law radio I call it number 512 646 1984 we'll be right back
[01:30:01.480 --> 01:30:07.320]  are you lucky researchers say living a charmed life is more about the choices you make than fate
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[01:31:25.800 --> 01:31:35.000]  at CatherineAlbrecht.com this is building seven a 47 story skyscraper that fell on the afternoon
[01:31:35.000 --> 01:31:40.120]  of september 11 the government says that fire brought it down however 1500 architects and
[01:31:40.120 --> 01:31:44.920]  engineers have concluded it was a controlled demolition over 6 000 my fellow service members
[01:31:44.920 --> 01:31:49.640]  have given their lives and thousands of my fellow first responders are dying i'm not a conspiracy
[01:31:49.640 --> 01:31:53.320]  theorist i'm a structural engineer i'm a new york city correctional i'm an air force pilot
[01:31:53.320 --> 01:31:59.960]  i'm a father we lost his son we're americans and we deserve the truth go to rememberbuilding7.org
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[01:33:19.800 --> 01:33:36.200]  okay we are back randy kelton rule of law radio on this the 15th day of june
[01:33:36.200 --> 01:33:43.560]  2018 and we're talking to john in new york okay john uh dead
[01:33:43.560 --> 01:33:50.360]  and zowell makes sense yes it does uh it's a little complicated but it does definitely
[01:33:50.360 --> 01:33:56.440]  makes sense now what are some of the things that you can grieve the bank's lawyers for
[01:33:57.080 --> 01:34:02.600]  can they be grieved because they're taking part you know in in defending the bank against the
[01:34:02.600 --> 01:34:10.760]  wrongful foreclosure you would have to show the the best way to grieve lawyers is based on
[01:34:10.760 --> 01:34:23.800]  like the pleadings or dirty rotten practices grieve them because they essentially part their
[01:34:23.800 --> 01:34:29.560]  hair on the left you can do that the end of the day doesn't matter what you grieve them for because
[01:34:29.560 --> 01:34:35.800]  the bar is going to try to protect them in any case but it's best if you find them violating
[01:34:35.800 --> 01:34:44.680]  the bar association standards and if you go to the american bar association and look up the
[01:34:45.800 --> 01:34:54.120]  standards of professional conduct and the only chapters that really matter to the ordinary
[01:34:54.120 --> 01:35:00.520]  individuals are chapter one two and three they're not that big you go through them and it'll read
[01:35:00.520 --> 01:35:10.520]  like a comic book if a lawyer misstates case law to the court you grieve him for it if the lawyer
[01:35:10.520 --> 01:35:18.520]  observes the judge making an error he has a duty to give notice to the judge of the error
[01:35:19.880 --> 01:35:29.640]  if a lawyer fails to communicate with the client it's just just they can't move without violating
[01:35:29.640 --> 01:35:36.680]  one of these elements of the one of these standards so read through the standards and then
[01:35:37.400 --> 01:35:45.320]  pick a place where they violated one of the standards and they don't want you to cite case
[01:35:45.320 --> 01:35:54.840]  law but i do anyway and cite the standard or what i'd like to do is read the standard it is
[01:35:54.840 --> 01:36:01.800]  on ethical conduct for a prosecuting attorney to fail to pursue evidence solely because the
[01:36:01.800 --> 01:36:08.040]  evidence may show the the innocence of the accused or mitigate the guilt of the accused i will write
[01:36:08.040 --> 01:36:18.840]  a grievance and say the lawyer in the in the incident case failed to pursue evidence solely
[01:36:18.840 --> 01:36:23.240]  because the evidence would show the innocence of the accused and mitigate the guilt of the accused
[01:36:23.240 --> 01:36:31.400]  as follows and then i explain what the lawyer did every grievance that i write i'd like to
[01:36:31.400 --> 01:36:37.640]  write it in the verbiage of the standard that he violated now they say they don't like you citing
[01:36:37.640 --> 01:36:45.640]  the standards okay i won't cite it i'll just paraphrase it and if you write it in the verbiage
[01:36:45.640 --> 01:36:53.160]  of the standard then they they really put some on the spot instead of just saying the dirty rotten
[01:36:53.160 --> 01:37:03.720]  scoundrel partied his hair on the left i could say the dirty rotten scoundrel did this as follows
[01:37:05.240 --> 01:37:11.320]  read the standard it says they will have to port the hair on the right and then are you am i making
[01:37:11.320 --> 01:37:19.640]  sense here yeah i think i think it makes sense um all right now i know that virginia is right
[01:37:20.360 --> 01:37:26.840]  i know that it's a wrongful foreclosure and you can have the law on your side you can have the
[01:37:26.840 --> 01:37:33.320]  facts on your side and the opposing side the bank can do all the bad things make all the mistakes
[01:37:33.320 --> 01:37:41.800]  all the fraud and you do all the right thing and you can still lose exactly i understand that but
[01:37:41.800 --> 01:37:49.640]  you see i'm just the guy i spent my entire life when i was when i worked for the media working
[01:37:49.640 --> 01:37:58.520]  on just things like that and i'm the one that looks for things and without being trained i'm not
[01:37:58.520 --> 01:38:04.600]  trained and legal like you are that's for sure i you know i i feel like a windbag when i when i'm
[01:38:04.600 --> 01:38:09.320]  when i'm discussing this with you because this is an area that i'm not really that
[01:38:09.800 --> 01:38:19.240]  bursting my area is as you know what it is and i do i've done a lot of medical work
[01:38:19.240 --> 01:38:28.840]  anyway long story short um we'll leave this probably for another time
[01:38:29.240 --> 01:38:34.840]  it's the rest of it but i understand that the basis for the declaratory judgment you're not
[01:38:34.840 --> 01:38:42.680]  asking for monetary damages or oh you've got a fraudulent foreclosure you just want a ruling
[01:38:42.680 --> 01:38:49.880]  on the rights of both parties especially the defendant and and generally you want a ruling
[01:38:49.880 --> 01:38:58.200]  on a fine point of law right right okay now my relative got another seatbelt ticket i know
[01:38:58.200 --> 01:39:05.480]  he always has his seatbelt on i've never seen him without the seatbelt in the car i figure
[01:39:05.480 --> 01:39:12.520]  this is retaliation for the other two tickets in the same county that we got with your
[01:39:14.440 --> 01:39:23.720]  we got them dismissed thanks to your assistant okay have you looked up the agency that certifies
[01:39:23.720 --> 01:39:29.400]  peace officers officers for New York but i didn't know how to do that i didn't know how to do that
[01:39:29.400 --> 01:39:35.800]  okay just put in new york peace officer certification you'll find it
[01:39:37.480 --> 01:39:44.120]  and then make make up a complaint and file it with them against the officers accusing them
[01:39:44.120 --> 01:39:54.920]  of retaliation now this office is not going to do anything but the complaint filed against the officer
[01:39:54.920 --> 01:40:07.160]  has to be reported to their insurance company oh yeah my talk and that will jeopardize the
[01:40:07.160 --> 01:40:15.000]  officer's career he gets too many of these complaints he's not insurable what happens
[01:40:15.000 --> 01:40:25.160]  if you get in three accidents in one year your your fault their fault nobody's fault insurance
[01:40:25.160 --> 01:40:32.440]  company is not going to care you are an unacceptable risk so when everybody getting tickets starts
[01:40:32.440 --> 01:40:37.640]  filing complaints against the officers they want to retaliate take it back to them accuse them of
[01:40:37.640 --> 01:40:46.440]  just exactly that file a criminal charge against them for retaliation and work that run the routine
[01:40:46.440 --> 01:40:53.320]  on it and you want to work it up to a district judge judge so high level judge and when a high
[01:40:53.320 --> 01:40:59.960]  level judge refuses to act on your complaints you file against him and once you file against him
[01:40:59.960 --> 01:41:07.080]  the policemen stop you for any reason you file a criminal complaint against the judge
[01:41:07.640 --> 01:41:13.480]  accusing this officer of harassing you at the direction of the judge
[01:41:15.160 --> 01:41:25.080]  and the judge will have a conniption fit he's he's absolutely innocent he will go ballistic
[01:41:25.080 --> 01:41:33.160]  but he'll do it on this cop not on you and that's when you become taboo and that'll put an end to
[01:41:33.160 --> 01:41:42.040]  this nonsense so i got the traffic ticket site up and working go to the side i have to go back
[01:41:42.040 --> 01:41:48.440]  through these documents and sort them out by state and check the documents to make sure they don't
[01:41:48.440 --> 01:41:54.200]  have references to texas in them okay and any of them that don't file it doesn't make any difference
[01:41:54.200 --> 01:42:02.680]  what they are just file them and we'll be building some discovery motions to be filed or some requests
[01:42:02.680 --> 01:42:08.920]  for discovery to be filed and that's a setup we're doing that to set them up so we can come back
[01:42:08.920 --> 01:42:15.400]  after them later and get these filed in the courts and we'll work them through the system
[01:42:16.680 --> 01:42:23.480]  this guy writes your friend for a seatbelt and they get a hundred pages of documents they got
[01:42:23.480 --> 01:42:30.520]  to deal with and when they don't deal with it right your guy starts filing you just
[01:42:30.520 --> 01:42:35.240]  conduct complaints and bar grievances against them they're going to tell this cop don't you
[01:42:35.240 --> 01:42:42.520]  ever bring that scoundrel into my court again what's the name of the website
[01:42:42.520 --> 01:42:54.280]  traffic ticket website traffic ticket website okay got it and i like the safety of backup
[01:42:55.560 --> 01:43:02.120]  we are ready i already told my relative to file to write up two sworn statements have them
[01:43:02.120 --> 01:43:09.080]  notarized that he was indeed wearing a seatbelt and i told him to have that ready for when he
[01:43:09.080 --> 01:43:14.920]  goes before the judge when he gets called i guess the hearing right that's what they call yes
[01:43:17.560 --> 01:43:24.360]  then i like the safety of backup decide doing what you just said to do what else should he do
[01:43:24.360 --> 01:43:32.440]  i love backup i like firing all kinds of things okay then then make up a criminal affidavit against
[01:43:32.440 --> 01:43:40.680]  the officer accusing the officer of aggravated perjury and of retaliation and when he goes in
[01:43:40.680 --> 01:43:45.480]  have them have them already notarized and hand them to the judge
[01:43:48.520 --> 01:43:55.080]  you just put the judge on the magistrates dime hang on go into break randy kelton
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[01:46:09.400 --> 01:46:25.800]  okay we are back randy kelton rule of law radio on this the 15th day of
[01:46:26.440 --> 01:46:33.320]  june 2018 and we're talking to john in new york okay john
[01:46:33.320 --> 01:46:41.880]  where were you lost my place okay well i said i like the safety of back up and i saw
[01:46:42.440 --> 01:46:49.000]  and then you had said um now suppose you maybe maybe the cop really thought that he wasn't wearing
[01:46:49.000 --> 01:46:57.880]  a seat belt maybe who cares oh okay gotcha okay i read you loud and clear okay let him make that
[01:46:57.880 --> 01:47:04.520]  explanation all right i thought nailing them with the rules of evidence was a good idea
[01:47:05.320 --> 01:47:11.480]  tell me if i'm wrong the police always make just an accusation in court and they never really have
[01:47:11.480 --> 01:47:18.360]  evidence to prove anything even if they have a laser or a light hour you know to show the speed
[01:47:18.360 --> 01:47:24.440]  on a little box the police always makes an accusation never really has evidence and according
[01:47:24.440 --> 01:47:31.080]  to the rules of evidence that's the way they've convoluted the courts the competence and accusation
[01:47:31.080 --> 01:47:36.280]  and you're expected to prove a negative that you didn't do it but they didn't really prove a positive
[01:47:36.840 --> 01:47:46.120]  okay here's the problem the applicability of the evidence goes to the discretion of the court
[01:47:46.120 --> 01:47:50.040]  when you go to the discretion of the court they will always rule against you
[01:47:50.040 --> 01:47:55.720]  you the only way you get them is you get them on point of law
[01:47:58.120 --> 01:48:02.440]  it just has to trap them in their own code because they are corrupt
[01:48:03.800 --> 01:48:07.720]  they're they're only there to collect money they don't care what the law says
[01:48:09.560 --> 01:48:13.720]  so you have to the only way we can get them is to sting them with their own code
[01:48:13.720 --> 01:48:24.360]  okay the point of law it's me about there well uh read what the code says and primarily the code
[01:48:24.360 --> 01:48:31.480]  i use all the time is uh 3903 or official misconduct in texas it's called official oppression
[01:48:32.920 --> 01:48:40.440]  in the fed it's the Ku Klux Klan act 18 us code 241 and 2 if public official fails to
[01:48:40.440 --> 01:48:46.440]  perform a duty he's required to perform or exerts or purports to exert an authority he doesn't have
[01:48:46.440 --> 01:48:52.280]  and in the process denies a citizen in the full free access to or enjoyment of a right that's a
[01:48:52.280 --> 01:49:01.640]  criminal act so if i get i i just got a ticket coming up here from texas and i'm going to send
[01:49:01.640 --> 01:49:06.120]  all my documents and i'm going to ask them to do certain things and they're going to refuse to do
[01:49:06.120 --> 01:49:10.600]  those things and i'm going to file criminal charges against them for not doing those things that the
[01:49:10.600 --> 01:49:19.560]  law commands them to never ask public official to do anything you actually want them to do
[01:49:21.240 --> 01:49:27.640]  because you never ask ask the public official to do anything that the law does not command
[01:49:27.640 --> 01:49:37.240]  them to do and when they don't do it now you have point of law okay
[01:49:39.880 --> 01:49:46.760]  yeah i go in and ask to see records well who are you i'm randy kelton but why do you want to see
[01:49:46.760 --> 01:49:57.160]  these 9-1-1 and i always craft my requests in a way that will cause the receiver or that is
[01:49:57.160 --> 01:50:05.160]  intended to cause the receiver to ask himself why on earth is he looking for these and that's
[01:50:05.160 --> 01:50:12.680]  because i'm trying to con him in to ask me that question the reason i'm trying to con him in
[01:50:12.680 --> 01:50:19.080]  to ask me asking me that question is because the law says that the custodian of the record
[01:50:19.080 --> 01:50:27.240]  may make no inquiry of the requester other than to determine his identity and the records sought
[01:50:27.240 --> 01:50:36.280]  so come on i haven't i don't have new york's memorized but good it almost has to be
[01:50:37.560 --> 01:50:44.840]  yeah it would be incongruous if you had to tell someone why you want to see records
[01:50:44.840 --> 01:50:52.200]  so i'm sure it's going to be the same in every state right and i've told him a number of times
[01:50:52.200 --> 01:50:55.880]  you don't want to ask that question because you don't want to know what i'm looking for
[01:50:56.760 --> 01:51:03.000]  well why not because if i tell you what i'm looking you know where i'm going and this is obvious
[01:51:05.320 --> 01:51:09.800]  if i tell you what i'm looking for and then when i get the records and that's not in there
[01:51:09.800 --> 01:51:15.400]  i'm going to come to you so you don't want to know what i'm looking for
[01:51:17.320 --> 01:51:21.080]  so but i do only don't exist i used to explain that i don't do that anymore
[01:51:21.080 --> 01:51:27.880]  i just know 911 i asked i asked the clerk in randall county to see some records
[01:51:27.880 --> 01:51:33.320]  and he said well you can look at all of those in the computer i said no i need to see the hard
[01:51:33.320 --> 01:51:39.640]  copies because i expect documents to be missing and i need to verify that the documents are missing
[01:51:40.760 --> 01:51:45.080]  that when i find a document missing he was she asked me well how does that help you i said well
[01:51:45.880 --> 01:51:50.040]  when i find a document missing i'll give you a written request for that document
[01:51:50.680 --> 01:51:54.200]  she said well if i don't have the document i can't provide it to you i said that's right
[01:51:54.200 --> 01:52:02.680]  when you can provide me a written answer stating that you have no records responsive to my request
[01:52:03.400 --> 01:52:07.640]  and then i can prove that on this day at this time this document wasn't in the record
[01:52:08.920 --> 01:52:13.640]  if i look in the computer and then request these records they magically appear in the
[01:52:13.640 --> 01:52:21.400]  computer record funny how that works i'm so she said well i don't have the personnel i don't
[01:52:21.400 --> 01:52:27.960]  have the time you don't have to look in them in the on the computer i said wait right here
[01:52:29.080 --> 01:52:35.240]  don't go anywhere somebody's going to want to talk to you i was over and opened the door
[01:52:35.240 --> 01:52:45.800]  and pointed at this bailiff you come here close the door to arrest her oh that was so much fun
[01:52:45.800 --> 01:52:52.520]  he called the captain out and the captain said he wasn't taking any complaints so i dialed the
[01:52:52.520 --> 01:52:56.920]  sheriff's department asked him send somebody out there arrest the cat or the lieutenant that
[01:52:56.920 --> 01:53:03.640]  rests the lieutenant and the clerk and while i'm waiting for somebody to come the clerk
[01:53:03.640 --> 01:53:09.560]  and the lieutenant comes out and she's got a whole hand full of folders and the lieutenant
[01:53:09.560 --> 01:53:15.640]  started to say something i said stop stop stop i can't be talking to you i have someone come
[01:53:15.640 --> 01:53:20.760]  hang on my 911 call and i will give them a complete statement but since i'll be filing
[01:53:20.760 --> 01:53:26.280]  criminal accusations against both of you it would be inappropriate for us to have any further
[01:53:26.280 --> 01:53:31.880]  conversation and the bailiff i'd call first said well she has the documents you asked for
[01:53:33.160 --> 01:53:44.280]  sorry bubba that bell's already been rung and the look on the clerk's face was absolutely
[01:53:44.280 --> 01:53:52.760]  priceless if you if you go to randall texas randall county texas today and you asked to see
[01:53:52.760 --> 01:53:57.960]  some public records from the district clerk you're not going to get any difficulty
[01:54:01.640 --> 01:54:06.840]  well this is how this is how you do it you set them up well what are you charging with the clerk
[01:54:06.840 --> 01:54:16.040]  getting everybody oh the charge is a clerk with uh official oppression 30903 standard catchall
[01:54:16.680 --> 01:54:24.200]  in in new york it'll be official misconduct official misconduct okay anytime they fail
[01:54:24.200 --> 01:54:30.120]  to do something they're required to do it's official misconduct right if they lie to you about
[01:54:30.120 --> 01:54:34.760]  something then they've exerted or ported to exert an authority they don't express to have me
[01:54:34.760 --> 01:54:43.880]  and file against them for that right and the more nitpicking it is the more frightening it is for
[01:54:45.880 --> 01:54:52.520]  the big stuff they expect it but when i asked the clerk in arlington texas to see some criminal
[01:54:52.520 --> 01:54:58.200]  records he said well you're an attorney no i'm not uh well are you the accused no i'm not well if
[01:54:58.200 --> 01:55:05.240]  you're not the attorney of the accused you can't see those records so we're right here don't go
[01:55:05.240 --> 01:55:10.760]  anywhere somebody's gonna want to talk to you and i pointed this bailiff the real snotty looking
[01:55:10.760 --> 01:55:16.840]  bailiff steady back there with his arms crossed looking down his noses everybody and i hollered
[01:55:16.840 --> 01:55:26.680]  out in the room hey you he looks over at me you come here oh they hate that but what do you want
[01:55:26.680 --> 01:55:35.000]  i need you to arrest this woman what what kid i can't arrest her sure again just throw the cuffs
[01:55:35.000 --> 01:55:41.400]  on her and drag her off to jail and he asked why and i told her and he said if you're an attorney
[01:55:41.400 --> 01:55:48.760]  you can't look at these records oh man you shouldn't have said that took out my cell phone and he
[01:55:48.760 --> 01:55:55.400]  said you can't use the cell phone in here and i just kept that dialed 911 and the clerk said
[01:55:55.400 --> 01:56:00.360]  leave him alone leave him alone he's just trying to get you to do something so he file charges against
[01:56:00.360 --> 01:56:08.040]  you and i said don't worry hawn he already has a 911 operator answered i said can you get someone
[01:56:08.040 --> 01:56:15.080]  down here i told him my arlington municipal court to arrest the clerk and hey you what's your name
[01:56:15.080 --> 01:56:27.560]  me i made him tell me oh that was so much fun but you don't have that problem again
[01:56:28.680 --> 01:56:38.120]  and if you if your god does that and you're protected once you dial 911 and ask for a
[01:56:38.120 --> 01:56:42.600]  policeman to come down to arrest someone if the policeman that comes down he's not going to want
[01:56:42.600 --> 01:56:48.040]  to arrest his buddies so he's going to try to find a way out of this and you'll get to see
[01:56:48.040 --> 01:56:53.560]  just a little chicken dance that's where they're shifting from one foot to the other well uh
[01:56:53.560 --> 01:56:59.560]  mr kelton uh i don't know if i can arrest this person so sure again just go run over and put the
[01:56:59.560 --> 01:57:05.880]  cuffs on them and when they when they refuse i always tell them that you need to take your
[01:57:05.880 --> 01:57:14.680]  chicken suit off that is strategic because they're going to want to accuse you of being agitated
[01:57:15.400 --> 01:57:19.640]  kid magnus and call me what were you doing in mass field yesterday minding my business ken
[01:57:20.200 --> 01:57:27.000]  well my brother who was the city attorney said that that officer told him you were agitated
[01:57:28.600 --> 01:57:33.720]  and the officer was agitated he was so furious he was shaking when i told him to take his chicken
[01:57:33.720 --> 01:57:43.000]  suit off so i asked ken i said ask craig to ask that officer if i got agitated before i asked him
[01:57:43.000 --> 01:57:50.600]  to take his chicken suit off or after ken said you said that to him i always say that to him
[01:57:52.120 --> 01:57:56.840]  and he said i told craig that you have a way of putting them over the edge
[01:57:56.840 --> 01:58:03.160]  but i completely discredited the officer by asking him that question
[01:58:04.680 --> 01:58:09.880]  and when i get a smart officer he knows exactly what i've just done to him
[01:58:11.160 --> 01:58:18.280]  in stevens county when i asked the sergeant to arrest the texas ranger i told him sergeant i
[01:58:18.280 --> 01:58:22.520]  need you to take your chicken suit off he said i'm not taking my chicken suit off so he called his
[01:58:22.520 --> 01:58:27.880]  lieutenant that didn't come over and he said what's the problem here i said sergeant lieutenant
[01:58:27.880 --> 01:58:34.280]  your sergeant here refuses to take his chicken suit off the lieutenant said he did yes he did
[01:58:34.920 --> 01:58:37.560]  said now i want you to take yours off i'm not taking mine off
[01:58:40.760 --> 01:58:45.720]  okay hang on go into break randy kelton move on radio mark i see you there we'll get to you on
[01:58:45.720 --> 01:58:53.880]  the other side we'll be right back the bible remains the most popular book in the world
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