ROL_2018-06-29_16k_Hr1-2.timecode

[00:00.000 --> 00:08.000]  The following news flash is brought to you by The Lone Star Lowdown, providing the deli
[00:08.000 --> 00:15.440]  bulletins for the commodity market, today's history, news updates, and the inside scoop
[00:15.440 --> 00:23.660]  into the tides of the alternative.
[00:23.660 --> 00:29.640]  Markets for the 11th of April 2018 close with gold $1,353.22 nouns.
[00:29.640 --> 00:41.200]  Over $16.68 nouns, Texas crude $65.51 a barrel, bitcoins at $6,902.19, ethereums at $420.80,
[00:41.200 --> 00:55.560]  bitcoin cash at $652.90, and finally light coins at $114.34, a crypto coin.
[00:55.560 --> 01:01.280]  Today in History, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act
[01:01.280 --> 01:06.600]  of 1968, which prohibited private businesses from discriminating based on race, color, religion,
[01:06.600 --> 01:08.080]  sex, or national origin.
[01:08.080 --> 01:13.240]  It also prohibited unequal application of voter registration requirements, racial segregation
[01:13.240 --> 01:18.400]  in public schools, and employment, and public accommodations for places of business.
[01:18.400 --> 01:28.720]  In recent news, tensions in Syria seem to reach new levels after a chemical attack on civilians
[01:28.720 --> 01:33.000]  in the city of Douma, which left 40 dead and many injured, an attack which is being blamed
[01:33.000 --> 01:37.600]  on the democratically elected president of Syria, Bashar al-Assad, by the United States
[01:37.600 --> 01:42.080]  and on Israel by Russia, either accusatory narrative without any verified evidence as
[01:42.080 --> 01:43.400]  of yet.
[01:43.400 --> 01:47.240]  President Trump tweeted today Wednesday that if, quote, Russia vows to shoot down any and
[01:47.240 --> 01:51.600]  all missiles fired at Syria, get ready, Russia, because they will be coming in nice and new
[01:51.600 --> 01:52.600]  and smart.
[01:52.600 --> 01:56.480]  Going on to warn Russia that you shouldn't be partners with a gas-killing animal who
[01:56.480 --> 01:58.640]  kills its people and enjoys it.
[01:58.640 --> 02:02.680]  Many in the West, including President Trump, have been quick to conclude that this chemical
[02:02.680 --> 02:06.840]  attack must have been conducted by Assad and his forces.
[02:06.840 --> 02:11.080]  Syria and Russia, on the other hand, have given approval since yesterday for the organization
[02:11.080 --> 02:15.640]  for the prohibition of chemical weapons to investigate the side of the chemical slaughter.
[02:15.640 --> 02:19.440]  Assad has been successful in maintaining rule and support during Syria's seven-year civil
[02:19.440 --> 02:24.040]  war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[02:24.040 --> 02:28.800]  rebels that are openly being funded by Western governments, with ISIS being one of the more
[02:28.800 --> 02:32.560]  notorious swimmer groups of the American-backed Syrian rebels.
[02:32.560 --> 02:37.920]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakhova posted on Facebook
[02:37.920 --> 02:42.240]  that smart missiles should be fired at terrorists and not at a legitimate government, which
[02:42.240 --> 02:46.800]  has been fighting terrorists, or is this a trick to destroy all traces with a smart
[02:46.800 --> 02:47.800]  missile strike?
[02:47.800 --> 02:51.800]  And then there will be no evidence for international inspectors to look at.
[02:51.800 --> 03:21.720]  This was Brick Roadie with your lowdown for April 11, 2018.
[03:21.720 --> 03:27.840]  Okay, howdy, howdy, Randy Kelton from Rula Law Radio on this Friday, the 29th day of
[03:27.840 --> 03:38.000]  June, 2018, and we have a whole board full of callers already, so I'm going to start
[03:38.000 --> 03:47.440]  out with Rick from Texas, there you go, did it get Rick from, uh, yeah, I got him, okay,
[03:47.440 --> 03:50.080]  my caller beige is jumping around on me.
[03:50.080 --> 03:53.520]  Okay, Rick, where you have for us today?
[03:53.520 --> 04:02.280]  Well, I told you briefly about going back to court a couple of weeks ago, and interestingly
[04:02.280 --> 04:07.160]  enough, when I was sitting there, the judge was taking a roll call and said, Mr. Renfoe,
[04:07.160 --> 04:09.560]  you still don't have an attorney?
[04:09.560 --> 04:13.160]  And you know, I thought that was kind of a strange question, because we'll deal with
[04:13.160 --> 04:14.160]  that.
[04:14.160 --> 04:17.040]  So she finishes the roll, she calls me up, she says, listen, you can either make a deal
[04:17.040 --> 04:21.400]  with these assistant prosecutors over here, or be prepared, and I expect you to be able
[04:21.400 --> 04:28.200]  to answer questions, and, you know, I pick a jury for the 19th of July, and I said, again,
[04:28.200 --> 04:33.800]  I cannot appoint an attorney, you know, I'm being forced into court, and she's like, you
[04:33.800 --> 04:39.200]  know, you're not being forced into court, we're not using that word, we're not being
[04:39.200 --> 04:40.200]  forced.
[04:40.200 --> 04:49.840]  So I gave me a discovery, the discovery papers, it says CD-ROM, nine photos, the other gave
[04:49.840 --> 04:55.840]  me two, there's actually four, but there's two of the same, two pictures of the same
[04:55.840 --> 04:59.080]  thing, that's all the pictures that I have.
[04:59.080 --> 05:05.640]  And then I have a screening sheet that reads that Mr. Casano, the assistant prosecutor,
[05:05.640 --> 05:11.160]  has reviewed the above-class number as a Class C misdemeanor, but after reviewing this case
[05:11.160 --> 05:15.520]  and receiving an invoice from the victim of $800, he believes this should be charged as
[05:15.520 --> 05:20.880]  a Class A criminal mischief, because his case was submitted as a Class C with JP3, we would
[05:20.880 --> 05:25.600]  like to send it back to your office so that you can resubmit it to our office with a case
[05:25.600 --> 05:31.880]  submission from, and for review as a Class A misdemeanor so that we can summon him to
[05:31.880 --> 05:33.600]  court, if they're issuing a warrant.
[05:33.600 --> 05:37.080]  I will send it to you in an office mail, thank you very much.
[05:37.080 --> 05:43.440]  So if I told you, I have my file marked copy from a county attorney, my affidavit of inability
[05:43.440 --> 05:50.760]  to pay, it was David's form, the one that he always told me to use, it was file marked
[05:50.760 --> 05:55.960]  February 2nd of this year, and we didn't go to court until the first day of March, it
[05:55.960 --> 05:58.800]  was almost 30 days later.
[05:58.800 --> 06:06.880]  And did the clerk or the court reporter raise an opposition?
[06:06.880 --> 06:09.720]  No one raised an opposition.
[06:09.720 --> 06:15.960]  Then you are indigent as a matter of law.
[06:15.960 --> 06:23.200]  You should look at filing a written mandamus with the Court of Appeals and request that
[06:23.200 --> 06:26.400]  they order this judge to appoint you counsel.
[06:26.400 --> 06:31.840]  So I should do that before the 19th, July 19th, the Court?
[06:31.840 --> 06:32.840]  Yes.
[06:32.840 --> 06:38.560]  The writ of mandamus to the Court of Appeals in Austin?
[06:38.560 --> 06:39.560]  Yes.
[06:39.560 --> 06:46.760]  And this should be of a relatively simple petition because there's only one issue.
[06:46.760 --> 06:55.920]  You state the facts, you filed the motion, there was no opposition within the 10 day
[06:55.920 --> 07:03.400]  time period, and the judge acted to respond to you in direct violation of law.
[07:03.400 --> 07:04.400]  Right.
[07:04.400 --> 07:10.160]  I also pulled this up in the Supreme Court of Texas, ordering, order adopting amendments
[07:10.160 --> 07:14.880]  to the Texas Rules of Civil Procedure and the Texas Rules of Appellate Procedure and
[07:14.880 --> 07:19.120]  approving a form statement of inability to afford payment of court costs.
[07:19.120 --> 07:20.560]  So this is amendments.
[07:20.560 --> 07:27.320]  And this was dated May 16th of 2016.
[07:27.320 --> 07:33.720]  Notice it's decided, there's lots of pages of PDF file, page 4.
[07:33.720 --> 07:34.720]  Notice and hearing.
[07:34.720 --> 07:40.440]  The declarant may not be required to pay costs without an evidentiary hearing.
[07:40.440 --> 07:43.920]  The court must get 21 days notice of the hearing.
[07:43.920 --> 07:49.840]  After hearing, the burden is on the declarant to prove the inability to afford costs.
[07:49.840 --> 07:55.720]  And on page 5, it says, comment to 2016 change.
[07:55.720 --> 07:57.480]  The rule has been rewritten.
[07:57.480 --> 08:02.000]  Access to the civil justice system cannot be denied because a person cannot afford to
[08:02.000 --> 08:03.000]  pay court costs.
[08:03.000 --> 08:04.800]  And this is what's interesting.
[08:04.800 --> 08:11.160]  The issue is not really whether a person can pay costs or whether the person can afford
[08:11.160 --> 08:12.160]  to pay costs.
[08:12.160 --> 08:16.000]  So that's what she's trying to say is that, oh man, you got two cars, you got a good
[08:16.000 --> 08:19.800]  job, you're a homeowner, you can pay.
[08:19.800 --> 08:22.480]  But, you know, I really can't afford it.
[08:22.480 --> 08:25.480]  You're going to the wrong issue.
[08:25.480 --> 08:31.880]  Go back to the statutes on inability to pay.
[08:31.880 --> 08:39.040]  There must be an opposition from the clerk or the current court reporter within 10 days.
[08:39.040 --> 08:43.760]  If there is no opposition within 10 days, then you have a right to it as a matter of
[08:43.760 --> 08:44.760]  law.
[08:44.760 --> 08:45.760]  Okay.
[08:45.760 --> 08:48.280]  Just period.
[08:48.280 --> 08:51.600]  So go to that first.
[08:51.600 --> 08:52.880]  Okay.
[08:52.880 --> 09:00.520]  The only one who has an interest is the clerk and the county reporter.
[09:00.520 --> 09:02.120]  So they're the ones that has to raise an issue.
[09:02.120 --> 09:04.880]  They're the only ones with standings, not the judges' place.
[09:04.880 --> 09:09.640]  So that should be the only issue that I raise to the public court.
[09:09.640 --> 09:12.080]  But I couldn't understand that.
[09:12.080 --> 09:14.520]  Can you move the mic a little away from your mouth?
[09:14.520 --> 09:21.480]  So that should be, instead of citing a whole bunch of things, that should be like the first
[09:21.480 --> 09:28.640]  thing, the only issue that I state first off for the appellate court, just that one.
[09:28.640 --> 09:29.640]  That one's enough.
[09:29.640 --> 09:30.640]  That should be it.
[09:30.640 --> 09:31.640]  Okay.
[09:31.640 --> 09:32.640]  All right.
[09:32.640 --> 09:39.840]  If you ask, if you complain of no evidence you're hearing, they'll just order to hold
[09:39.840 --> 09:41.720]  an evidentiary hearing.
[09:41.720 --> 09:42.720]  Okay.
[09:42.720 --> 09:43.720]  Okay.
[09:43.720 --> 09:51.920]  You need to raise the issue on this lack of opposition within 10 days.
[09:51.920 --> 09:54.240]  And this is a writ of mandamus.
[09:54.240 --> 09:55.240]  Yes.
[09:55.240 --> 09:57.440]  Look up writ of mandamus.
[09:57.440 --> 10:03.720]  Send me an email, ask me for a copy of the one we filed in Tim's case.
[10:03.720 --> 10:04.720]  Okay.
[10:04.720 --> 10:06.720]  I'll send you an email.
[10:06.720 --> 10:10.840]  And if you couldn't send me one, that would be nice.
[10:10.840 --> 10:15.240]  I know you and I have talked about this other issue.
[10:15.240 --> 10:16.240]  I have.
[10:16.240 --> 10:19.960]  I've met someone that has spot posted before, but he sounds a little bit off.
[10:19.960 --> 10:25.880]  He sounds, he says, no, but the rules changed in 2016 and the judge is right.
[10:25.880 --> 10:26.880]  You don't qualify.
[10:26.880 --> 10:27.880]  You know?
[10:27.880 --> 10:28.880]  He says...
[10:28.880 --> 10:29.880]  Okay.
[10:29.880 --> 10:30.880]  That's not relevant.
[10:30.880 --> 10:31.880]  Okay.
[10:31.880 --> 10:32.880]  Yeah.
[10:32.880 --> 10:40.320]  I know it's not relevant because of the, because no one raised an issue.
[10:40.320 --> 10:41.320]  Exactly.
[10:41.320 --> 10:43.160]  We don't get there.
[10:43.160 --> 10:47.680]  So, make sure you don't, Ray, you don't argue that issue.
[10:47.680 --> 10:50.520]  Well, do you have a judiciary hearing?
[10:50.520 --> 10:51.520]  Or the...
[10:51.520 --> 10:52.520]  Right.
[10:52.520 --> 10:54.680]  You don't want an evidentiary hearing.
[10:54.680 --> 11:02.280]  You have a writ as a matter of law.
[11:02.280 --> 11:07.320]  The affidavit of the day to pay, I don't think you've ever seen the one that David has constructed.
[11:07.320 --> 11:08.320]  I've seen it.
[11:08.320 --> 11:13.120]  That one was suffice as opposed to doing an official one through...
[11:13.120 --> 11:14.120]  Yes.
[11:14.120 --> 11:15.120]  That one was suffice.
[11:15.120 --> 11:16.120]  Okay.
[11:16.120 --> 11:17.120]  All right.
[11:17.120 --> 11:18.120]  Okay.
[11:18.120 --> 11:19.120]  No, you're...
[11:19.120 --> 11:20.120]  Okay.
[11:20.120 --> 11:23.280]  Part of it, you're not getting it.
[11:23.280 --> 11:28.480]  It doesn't matter if it wouldn't survive, suffice.
[11:28.480 --> 11:37.240]  If you give notice of inability to pay and no one opposes, then you're determined to be
[11:37.240 --> 11:41.920]  an unable to pay as a matter of law.
[11:41.920 --> 11:46.640]  If there was a problem with the filing, they had to raise the problem or they waived it.
[11:46.640 --> 11:49.960]  So, don't go to issues that don't matter.
[11:49.960 --> 11:54.920]  The only issue that matters here is nobody raised an opposition.
[11:54.920 --> 11:56.160]  Okay.
[11:56.160 --> 12:02.160]  And if they raised an opposition, they should let you know in a form of matter through the
[12:02.160 --> 12:03.160]  mail.
[12:03.160 --> 12:07.240]  If you would have had to have been noticed, then there would have to have been a hearing
[12:07.240 --> 12:08.240]  on it.
[12:08.240 --> 12:09.240]  Okay.
[12:09.240 --> 12:10.240]  All right.
[12:10.240 --> 12:11.240]  Okay.
[12:11.240 --> 12:12.240]  Do you have anything else for us?
[12:12.240 --> 12:13.240]  I don't have anything else.
[12:13.240 --> 12:21.240]  Do I need to email you to remind you for a form or...?
[12:21.240 --> 12:22.240]  Yeah.
[12:22.240 --> 12:24.240]  Email me and ask for a mandamus.
[12:24.240 --> 12:25.240]  All right.
[12:25.240 --> 12:26.240]  I'll do that.
[12:26.240 --> 12:27.240]  Okay.
[12:27.240 --> 12:28.240]  Thank you, Rick.
[12:28.240 --> 12:29.240]  Point.
[12:29.240 --> 12:34.240]  Now, we're going to Tina in California.
[12:34.240 --> 12:35.240]  Hello, Tina.
[12:35.240 --> 12:36.240]  Hi.
[12:36.240 --> 12:37.240]  How are you?
[12:37.240 --> 12:38.320]  I am good.
[12:38.320 --> 12:53.320]  You sent me some documents and you sent them from Dropbox and from what you sent, the only
[12:53.320 --> 13:02.280]  way I could log in, it tried to force me into one of my Gmail accounts and my Dropbox is
[13:02.280 --> 13:07.840]  not in a Gmail account, so I had to send you a request for authorization.
[13:07.840 --> 13:12.600]  You had to respond to the authorization before I could get in, so I wasn't able to get into
[13:12.600 --> 13:14.320]  your documents to look at them.
[13:14.320 --> 13:19.120]  Well, the other documents, that was just something in case you needed it.
[13:19.120 --> 13:23.720]  The other documents, I sent you by email a week ago.
[13:23.720 --> 13:25.920]  Oh, somehow I went brain dead.
[13:25.920 --> 13:26.920]  I'm struggling tonight.
[13:26.920 --> 13:32.840]  I hadn't slept in 36 hours, so I'm not doing as good as I should be.
[13:32.840 --> 13:38.560]  If you'd like me just to resend the ones I sent by email so it gets to the top of your
[13:38.560 --> 13:39.560]  email...
[13:39.560 --> 13:43.800]  Well, if you sent them to my email, then I still have those.
[13:43.800 --> 13:45.600]  Yeah, I did.
[13:45.600 --> 13:53.080]  Okay, kind of give us a synopsis of your case and while you're doing that, I'll go in and
[13:53.080 --> 13:54.080]  look at these documents.
[13:54.080 --> 14:01.120]  Okay, well, first, can I mention you to the gentleman that just was on, then you know...
[14:01.120 --> 14:02.120]  Oh, wait, wait.
[14:02.120 --> 14:03.120]  That was Rick.
[14:03.120 --> 14:04.120]  He's no gentleman.
[14:04.120 --> 14:05.120]  Rick.
[14:05.120 --> 14:06.120]  Oh.
[14:06.120 --> 14:15.120]  Well, I'll call him the gentleman because I don't know.
[14:15.120 --> 14:23.040]  But anyway, you were mentioning there that he should have been notified of court hearings,
[14:23.040 --> 14:26.760]  but that's one of the things that happened to me.
[14:26.760 --> 14:33.160]  I was never notified of a hearing to get an interim on my property and what the courts
[14:33.160 --> 14:40.440]  will do, and I believe that the courts, the banks, and a lot of companies deliberately
[14:40.440 --> 14:47.720]  lie on their notice, their proof-of-service notices, and so they put something in the
[14:47.720 --> 14:53.320]  USPS mail, and then the courts invoke the mailbox rule.
[14:53.320 --> 14:54.320]  Okay.
[14:54.320 --> 15:01.960]  Did they produce a green card and a routing slip from the post office?
[15:01.960 --> 15:02.960]  Nope.
[15:02.960 --> 15:03.960]  Nope.
[15:03.960 --> 15:04.960]  Nope.
[15:04.960 --> 15:09.520]  And they said they don't have to because in the federal bankruptcy courts, all they
[15:09.520 --> 15:15.880]  have to do is put it in the first class mail, and then you are deemed to have received it
[15:15.880 --> 15:22.280]  according to the mailbox rule, which is 120 years old.
[15:22.280 --> 15:27.040]  And that's why I wrote that writ of tertiary to the Supreme Court, because that has to
[15:27.040 --> 15:34.680]  be changed to guarantee every American the right of due process to be guaranteed service
[15:34.680 --> 15:40.320]  with a signature required if any document or hearing could take away your life, liberty,
[15:40.320 --> 15:42.960]  or property.
[15:42.960 --> 15:48.000]  So according to the fed, all they have to do is say they put it in first class mail.
[15:48.000 --> 15:49.000]  Uh-huh.
[15:49.000 --> 15:52.120]  They don't have to prove that they put it in first class mail.
[15:52.120 --> 16:00.680]  No, the proof-of-service is what they claim is proof, the proof-of-service form, and in
[16:00.680 --> 16:07.360]  my case, it says on all proof-of-service, it says on the left-hand side, printed name,
[16:07.360 --> 16:12.280]  and on the right-hand side, signature, and I swear in the penalty of treasury, I put
[16:12.280 --> 16:16.640]  this in the first class mail.
[16:16.640 --> 16:23.000]  And on my case, it's the, you know, type-written name, and then it's the same type-written
[16:23.000 --> 16:29.400]  on the other side, no signature, and according to the court, that's okay too.
[16:29.400 --> 16:41.480]  So, think about this, uh, you make up a, you file a motion with the court, you make up
[16:41.480 --> 16:45.880]  a notice to the other side, you put it in an envelope, put a first-case class stamp
[16:45.880 --> 16:55.480]  on it, address to the opposing party, photograph it, and throw it in a trash, hang on, go into
[16:55.480 --> 17:02.480]  break, Randy Kelton, Move Law Radio, we'll be right back.
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[18:59.600 --> 19:16.960]  in court using federal civil rights statutes, what to do when contacted by phones, mail,
[19:16.960 --> 19:33.000]  or court summons, how to turn the financial tables on them and make them pay you to go
[19:33.000 --> 19:34.000]  away.
[19:34.000 --> 19:49.400]  Once you're done, I need you to drop off to Caller Bridge because we can only hold
[19:49.400 --> 20:05.680]  the call.
[20:05.680 --> 20:09.160]  We were talking to Tina in California.
[20:09.160 --> 20:20.520]  Tina, do you have a court of appeals ruling on this?
[20:20.520 --> 20:21.520]  Yes.
[20:21.520 --> 20:27.040]  Oh, send that to me.
[20:27.040 --> 20:31.640]  If the court wants to rule with this kind of garbage, let's cram it down their throats.
[20:31.640 --> 20:34.080]  I would love to.
[20:34.080 --> 20:43.680]  So now we'll suggest that everybody just make up a first-class mail envelope, put a stamp
[20:43.680 --> 20:50.120]  on it, photograph it, throw it in the trash, and that's all you got to do, the court of
[20:50.120 --> 20:52.120]  appeals said so.
[20:52.120 --> 20:53.120]  Yep.
[20:53.120 --> 20:59.560]  I took it all the way up to an on-bank hearing and they refused to hear anything and they
[20:59.560 --> 21:06.560]  told me I'm not allowed to file anything more in the case and they've made their decision
[21:06.560 --> 21:10.920]  because it was sent to, they called my principal resident and there is no law that says you
[21:10.920 --> 21:14.760]  have to live with your principal resident 365 days a year.
[21:14.760 --> 21:19.000]  There is no law that says you have to receive mail at your principal resident.
[21:19.000 --> 21:24.000]  You can receive mail anywhere you designate as long as you tell the bank or whoever you
[21:24.000 --> 21:26.760]  need to tell them what your new mail-in address is.
[21:26.760 --> 21:32.400]  And I had done that, they had accepted it into their system and I believe they didn't
[21:32.400 --> 21:36.760]  want me to get it because they could get a default here in the hearing.
[21:36.760 --> 21:41.800]  Okay, then we start cramming this down their throats from other cases to cramming their
[21:41.800 --> 21:43.800]  own case law.
[21:43.800 --> 21:48.640]  Well, that's why I wrote the writ of surgery to the Supreme Court.
[21:48.640 --> 21:55.160]  They need to change that law because they're denying all Americans the true due to this.
[21:55.160 --> 22:02.080]  Was that at the, okay, this was state or federal?
[22:02.080 --> 22:05.360]  It was federal because it was a bankruptcy.
[22:05.360 --> 22:07.880]  Oh, okay, so it's...
[22:07.880 --> 22:08.880]  Yeah.
[22:08.880 --> 22:13.840]  Yeah, the likelihood of the Supreme picking one up is extremely slim.
[22:13.840 --> 22:20.280]  I don't know what it is, but it has a big circuit split in it so that gives it a slightly
[22:20.280 --> 22:25.440]  better chance, maybe one and a half percent instead of half a percent.
[22:25.440 --> 22:28.960]  Okay, you definitely need to take this to your legislators.
[22:28.960 --> 22:29.960]  Mm-hmm.
[22:29.960 --> 22:30.960]  Okay.
[22:30.960 --> 22:37.400]  And let's see if we can't get people to pull this, see how it works for them.
[22:37.400 --> 22:38.400]  Yeah.
[22:38.400 --> 22:43.920]  So anyway, that was just trying to help Rick if he, because he needs to watch out for them
[22:43.920 --> 22:47.720]  using that mailbox rule on him.
[22:47.720 --> 22:56.320]  If you have to, what they said also is you have to prove with clear and convincing evidence
[22:56.320 --> 22:58.120]  that you didn't receive it.
[22:58.120 --> 23:03.280]  Now, I'm not sure what evidence you can give, but you didn't receive something.
[23:03.280 --> 23:06.240]  Yeah, how do you prove a negative?
[23:06.240 --> 23:08.120]  Yes, that's right.
[23:08.120 --> 23:12.240]  And that's what I said, and they just, and they don't want to hear anymore.
[23:12.240 --> 23:16.440]  So, let's see if we can't turn it back on.
[23:16.440 --> 23:24.320]  Okay, what we were going to be talking about was the, you were saying that the Rezaki case,
[23:24.320 --> 23:30.720]  and I think has found it long and very different, and again, excessive fees.
[23:30.720 --> 23:34.960]  Okay, I was going to do an evaluation of your mortgage.
[23:34.960 --> 23:35.960]  Yeah.
[23:35.960 --> 23:39.120]  But I don't have any mortgage documents.
[23:39.120 --> 23:41.120]  Well, you do.
[23:41.120 --> 23:42.120]  You had...
[23:42.120 --> 23:50.880]  I have source reply petition for rehearing, Cold Book Oral Argument, CIT run, I guess
[23:50.880 --> 23:51.880]  I'd say.
[23:51.880 --> 23:57.320]  You have a payment history, another payment history...
[23:57.320 --> 24:06.400]  I need to see deed of trust, note, truth and lending statement, any assignments, any appointments.
[24:06.400 --> 24:11.000]  Anything filed with the county recorder from the time you received a warranted deed on
[24:11.000 --> 24:12.920]  the property.
[24:12.920 --> 24:15.320]  You've got most of it, but I'll send anything...
[24:15.320 --> 24:22.840]  No, this is what I've got, one, two, three, four, five, six, seven files.
[24:22.840 --> 24:23.840]  From...
[24:23.840 --> 24:31.360]  No, it's possible I didn't get all the other slow, I've downloaded, that's possible.
[24:31.360 --> 24:37.800]  I have been pretty distracted lately, I'm in the process of putting together all the
[24:37.800 --> 24:43.000]  documents I need to get everything funded.
[24:43.000 --> 24:44.000]  So I haven't been as...
[24:44.000 --> 24:51.240]  Well, sure you get this for this weekend, so you can figure it out sometime by next week
[24:51.240 --> 24:54.880]  and maybe even the end of the week, it'll be as you're very busy.
[24:54.880 --> 25:05.360]  But in the meantime, can I ask you one question then in the center and how can I get the bank's
[25:05.360 --> 25:15.160]  attorney to send me the original note, which according to the California statute, says
[25:15.160 --> 25:25.440]  that once the loan has been paid in full, then the borrower, trustee or whatever they
[25:25.440 --> 25:33.640]  call it can request the original note to be sent to them and it's the actual statute
[25:33.640 --> 25:43.200]  number and the attorney is refusing to send it to me and has refused for over a year and
[25:43.200 --> 25:49.600]  he claims it is improper discovery because we are in a litigation.
[25:49.600 --> 25:56.960]  It doesn't say anything about discovery there, it's an actual statute that says once it off,
[25:56.960 --> 25:58.960]  you can request the loan.
[25:58.960 --> 26:01.720]  Who's the lender?
[26:01.720 --> 26:06.920]  The original lender was First Federal Bank of California and it got transferred through
[26:06.920 --> 26:09.080]  the FDIC when they were shut down.
[26:09.080 --> 26:12.960]  Okay, okay, who is the foreclosing entity?
[26:12.960 --> 26:20.640]  CIT, one West Bank was sold to CIT and CIT actually did the foreclosure through...
[26:20.640 --> 26:24.600]  Okay, send the request to CIT.
[26:24.600 --> 26:26.600]  I did.
[26:26.600 --> 26:29.160]  Not to their lawyer but to CIT directly.
[26:29.160 --> 26:35.160]  Okay, now can I send it, should I send it to the substitute?
[26:35.160 --> 26:41.920]  Wait a minute, was this lawyer the agent for CIT?
[26:41.920 --> 26:42.920]  Yes.
[26:42.920 --> 26:55.320]  Then you sent it to CIT, then filed a suit against CIT, filed a petition for declaratory
[26:55.320 --> 26:59.640]  judgment that only cost 15 bucks.
[26:59.640 --> 27:06.560]  Petition for declaratory judgment, because I'm asking for action to be taken.
[27:06.560 --> 27:10.760]  Ask the court to declare that you have a right to this document.
[27:10.760 --> 27:14.280]  Clear, I have a right, okay.
[27:14.280 --> 27:20.760]  And then once you get that, now you have a registry to CATA and then if they don't send
[27:20.760 --> 27:24.240]  you the document, okay, let me understand something.
[27:24.240 --> 27:27.520]  This is a property that was foreclosed on, correct?
[27:27.520 --> 27:29.360]  Yes, yes.
[27:29.360 --> 27:34.920]  And they were paid in full at the foreclosure sale, in fact they were paid over the amount
[27:34.920 --> 27:36.400]  that was due.
[27:36.400 --> 27:38.520]  Have you requested the overage?
[27:38.520 --> 27:44.560]  Yes, and they took, I did get some of it but they took money out of the overage funds
[27:44.560 --> 27:45.560]  too.
[27:45.560 --> 27:49.160]  Oh, did you send them for that?
[27:49.160 --> 27:56.320]  And I should have had more for the overage because they added all those fees, like $30,000
[27:56.320 --> 28:04.200]  in legal fees from an earlier case and extra late fees and $2,000 in mailing costs, ascended
[28:04.200 --> 28:05.200]  to $35,000.
[28:05.200 --> 28:14.720]  Okay, the courts, especially in California, are pretty well bought and paid for by the
[28:14.720 --> 28:15.720]  banks.
[28:15.720 --> 28:16.720]  Yes.
[28:16.720 --> 28:25.520]  But not by the lawyers, if you sue the lawyer for stealing money by filing false, by claiming
[28:25.520 --> 28:32.360]  false fees, that's fraud on its face, so sue the lawyer directly.
[28:32.360 --> 28:36.520]  I would like to get, okay, well there's a couple, there's more than a couple of lawyers
[28:36.520 --> 28:40.920]  who signed some of these documents as you will see when you go through them, especially
[28:40.920 --> 28:43.920]  in, so I would have to sue each one of them.
[28:43.920 --> 28:46.920]  So sue them all at once.
[28:46.920 --> 28:48.440]  That would be fine.
[28:48.440 --> 28:54.480]  Yes, it's all in the same suit because it's part of the same fraud.
[28:54.480 --> 28:59.280]  And you might prepare criminal complaints against them and file them as a grand jury.
[28:59.280 --> 29:08.040]  Look up this Rosicki and Rosicki case in New York and look what the attorney general there
[29:08.040 --> 29:15.400]  claimed against Rosicki and Rosicki and then use those same claims in California.
[29:15.400 --> 29:24.440]  Okay, well I sent a complaint about some of this to the attorney general in Los Angeles
[29:24.440 --> 29:28.280]  and then I had to call up and follow up because I didn't get a response.
[29:28.280 --> 29:29.280]  They don't care.
[29:29.280 --> 29:30.280]  You have to do this yourself.
[29:30.280 --> 29:31.280]  The assistant said they don't care.
[29:31.280 --> 29:32.280]  Yes, she said they don't, nobody cares.
[29:32.280 --> 29:33.280]  They're bought and paid for it.
[29:33.280 --> 29:34.280]  They don't care.
[29:34.280 --> 29:35.280]  You have to do it yourself.
[29:35.280 --> 29:44.280]  Hang on, about to go to break, this is Randy Kelton, the real law radio, our call in number
[29:44.280 --> 29:45.280]  512-646-1984.
[29:45.280 --> 30:00.280]  We'll be taking your calls all night, we'll be right back.
[30:00.280 --> 30:03.640]  Cell phones are an indispensable part of modern life.
[30:03.640 --> 30:08.480]  Nearly 90% of adults and three quarters of teens now have one, but are cell phones really
[30:08.480 --> 30:09.480]  safe?
[30:09.480 --> 30:12.640]  I'm Dr. Katherine Albrecht and I'll be right back with the facts.
[30:12.640 --> 30:17.240]  Google is watching you, recording everything you've ever searched for and creating a massive
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[30:43.800 --> 30:47.440]  Americans don't hear much about cell phone health risks, but researchers in Europe have
[30:47.440 --> 30:53.160]  linked the devices to brain tumors, DNA damage, sperm death, and early onset Alzheimer's.
[30:53.160 --> 30:57.480]  You can minimize your risk by knowing your mobile phone emits a basketball-sized sphere
[30:57.480 --> 30:58.480]  of EMF radiation.
[30:58.480 --> 31:02.800]  Picture a basketball with your phone in the middle, then keep that sphere away from your
[31:02.800 --> 31:05.000]  brain and reproductive organs.
[31:05.000 --> 31:09.160]  Don't hold it near your head or in your pocket and use the speakerphone or get a corded headset
[31:09.160 --> 31:10.160]  or a Bluetooth headset.
[31:10.160 --> 31:15.000]  And before you buy your next phone, check its SAR rating to see how much exposure you're
[31:15.000 --> 31:16.000]  getting.
[31:16.000 --> 31:17.000]  Obviously, the less, the better.
[31:17.000 --> 31:31.280]  This is Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
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[31:54.920 --> 32:00.520]  and see what our powder, seeds, and oil can do for you, only at censususa.org.
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[32:05.400 --> 32:08.960]  In today's America, we live in a us against them society, and if we, the people, are ever
[32:08.960 --> 32:13.040]  going to have a free society, then we're going to have to stand and defend our own rights.
[32:13.040 --> 32:16.120]  Among those rights are the right to travel freely from place to place, the right to
[32:16.120 --> 32:20.080]  act in our own private capacity, and most importantly, the right to due process of law.
[32:20.080 --> 32:24.240]  Trapped courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.240 --> 32:25.960]  our rights through due process.
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[32:29.600 --> 32:33.360]  most comprehensive teaching tool available that will help you understand what due process
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[33:04.160 --> 33:29.440]  We're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:29.440 --> 33:36.720]  Okay, we are back.
[33:36.720 --> 33:46.000]  Randy Kelton, Rule of Law Radio, on this Friday, the 29th day of June, 2018, and we're talking
[33:46.000 --> 33:48.360]  to Tina in California.
[33:48.360 --> 33:52.560]  Okay, when were we, Tina?
[33:52.560 --> 34:01.000]  So, you were saying I should sue all the attorneys to gather for any money they've taken.
[34:01.000 --> 34:07.160]  And if you file a declaratory judgment, is there a particular rule about where you should
[34:07.160 --> 34:08.160]  file it?
[34:08.160 --> 34:14.280]  Because from where you live now, you can file it in the state of the Fed, but since you
[34:14.280 --> 34:19.560]  were in a federal court, you filed it with the local federal district.
[34:19.560 --> 34:23.520]  And here's the thing about declaratory judgments.
[34:23.520 --> 34:27.480]  Most lawyers don't know what they are.
[34:27.480 --> 34:39.240]  So you file an action asking the court to render a ruling on the rights of the parties.
[34:39.240 --> 34:42.560]  That's what a declaratory judgment is.
[34:42.560 --> 34:52.120]  And your claim is, is that you had a right to good faith and fair dealings.
[34:52.120 --> 35:03.560]  And that the, I'm going to have to figure out how to, oh, okay, they, you have records
[35:03.560 --> 35:09.320]  of charges that they made that are demonstratively false.
[35:09.320 --> 35:11.320]  Is that correct?
[35:11.320 --> 35:20.760]  Yes, and in fact, you have a copy of one of the sheets I made up where it's, you know,
[35:20.760 --> 35:23.120]  I'll just give you a few of them.
[35:23.120 --> 35:31.320]  It starts 2-2 of 13, a rearage is due in the notice to cure default, 25,441.
[35:31.320 --> 35:41.280]  That same month, the payoff statement was 475-104-77, three months later, 475-582.
[35:41.280 --> 35:50.160]  Then they have the notice of default and four months after that, 9,896.04, then exactly
[35:50.160 --> 35:58.480]  a month later, they said, in order to reinstate the loan, you'll have to pay 38,642.16.
[35:58.480 --> 36:07.040]  Then two months later in the notice of trustee sale, they said, I owed 365-740-43, so I offered
[36:07.040 --> 36:11.800]  to pay all that, the 365, and they refused it.
[36:11.800 --> 36:18.160]  Then three months later, when I had to file bankruptcy to try to save it, they put in
[36:18.160 --> 36:31.960]  a proof of claim for 507,752.46, three months after they said the total amount was 365-740.43.
[36:31.960 --> 36:39.640]  Then 11, 10 months after that, 507,000, in the next notice of trustee sale, they said,
[36:39.640 --> 36:47.200]  I only owed 508,893, and I don't know how it can only go up $1,000 if nobody was paying
[36:47.200 --> 36:51.800]  the loan for 10 months.
[36:51.800 --> 36:53.680]  It just went up and down like that.
[36:53.680 --> 36:54.680]  Okay.
[36:54.680 --> 36:58.640]  Are these issues you raised in court?
[36:58.640 --> 36:59.640]  Yes.
[36:59.640 --> 37:06.160]  And the court, did they rule on them?
[37:06.160 --> 37:11.000]  They ruled everything I put was barred by rescue Dakota, everything.
[37:11.000 --> 37:16.160]  Oh, wait a minute.
[37:16.160 --> 37:19.720]  How did they get to rescue Dakota?
[37:19.720 --> 37:28.960]  Well, on advice in 2011, I had filed a lawsuit to try to get, you know, we'd only started
[37:28.960 --> 37:36.320]  learning about this, and it was dismissed without leave to amend, dismissed with prejudice.
[37:36.320 --> 37:41.960]  Were these claims of the fraudulent fees raised at that time?
[37:41.960 --> 37:45.360]  Well, I didn't have all the fraudulent fees at that time.
[37:45.360 --> 37:48.200]  Then they can't be rescue Dakota.
[37:48.200 --> 37:54.880]  Well, they said in the next suit I filed, which was pro se, I had some of these fees
[37:54.880 --> 37:55.880]  and we asked for an accounting.
[37:55.880 --> 38:01.080]  They said, I'm not allowed an accounting, and then a lot of these fees occurred after
[38:01.080 --> 38:07.320]  I filed a suit, but the judge would never let me amend it to bring him in.
[38:07.320 --> 38:08.320]  Okay.
[38:08.320 --> 38:13.440]  Then those, those fees that occurred after the suit are not rescue Dakota.
[38:13.440 --> 38:18.440]  Well, that's what we're trying to claim, but the appeals court said everything's barred
[38:18.440 --> 38:20.120]  by rescue Dakota.
[38:20.120 --> 38:27.000]  So that's why I'm at the California Supreme Court now, trying to get them to see that
[38:27.000 --> 38:33.800]  you can't sue on something that hasn't happened, because they said I should have bought everything
[38:33.800 --> 38:34.800]  into the other suit.
[38:34.800 --> 38:38.080]  Well, if it hadn't happened, how could I bring it in?
[38:38.080 --> 38:43.280]  Why don't you file criminal charges against the court of appeals judges?
[38:43.280 --> 38:48.840]  I think I'd like, I would like to do that if I, you know, configure it how, because
[38:48.840 --> 38:53.720]  I have the first appeal I did in the second, and they told me it was frivolous.
[38:53.720 --> 38:54.720]  Okay.
[38:54.720 --> 38:59.920]  I have a Jocelyn v. Chambers.
[38:59.920 --> 39:05.240]  The court has no discretion in properly applying the law to the facts.
[39:05.240 --> 39:08.600]  Failure to do so is abuse of discretion.
[39:08.600 --> 39:13.560]  An abuse of discretion that has the effect of denying you in a rights crime, 18 U.S.
[39:13.560 --> 39:14.560]  Code 242.
[39:14.560 --> 39:15.560]  Mm-hmm.
[39:15.560 --> 39:25.560]  So file against these judges with the local SAC, Special Agent in Charge of the FBI.
[39:25.560 --> 39:33.760]  And then I've got a whole routine to go through in setting up the U.S. Attorney.
[39:33.760 --> 39:39.840]  And right now is a good time to do it, because do you know if the U.S. Attorney, the U.S.
[39:39.840 --> 39:41.880]  Attorney has to be a Democrat?
[39:41.880 --> 39:42.880]  Yes.
[39:42.880 --> 39:47.280]  It's California, he's got to be a Democrat.
[39:47.280 --> 39:54.320]  Well, just so happens that President Trump has his resignation in his hand.
[39:54.320 --> 40:00.320]  President Trump could use some Republican appointees in California.
[40:00.320 --> 40:01.320]  Yeah.
[40:01.320 --> 40:10.400]  So, so set up the U.S. Attorney so that you can accuse him of shielding these judges from
[40:10.400 --> 40:15.400]  prosecution.
[40:15.400 --> 40:21.720]  The way you do it is you file the complaint with the SAC, and the SAC is required to give
[40:21.720 --> 40:28.320]  notice to the Attorney General in D.C. when he has it made known to him that a federal
[40:28.320 --> 40:31.520]  official has violated a law relating to his office.
[40:31.520 --> 40:38.360]  And then you contact the Attorney General and request a copy of the notice sent to them
[40:38.360 --> 40:44.960]  by the SAC of your complaint against the federal judges, the appellate court judges.
[40:44.960 --> 40:45.960]  Okay.
[40:45.960 --> 40:55.800]  And then you file criminal charges against the SAC with the U.S. Attorney for shielding
[40:55.800 --> 40:59.520]  these judges from prosecution.
[40:59.520 --> 41:03.360]  And the U.S. Attorney is going to trash it.
[41:03.360 --> 41:09.880]  And then you contact the Attorney General and request the notice from the U.S. Attorney
[41:09.880 --> 41:16.680]  to the Attorney General of violation of law by public official, by a federal official.
[41:16.680 --> 41:20.600]  That's 28 U.S. Code 353, I believe.
[41:20.600 --> 41:21.600]  I can check that.
[41:21.600 --> 41:25.880]  I don't use it off enough to be sure I got it memorized, right?
[41:25.880 --> 41:32.080]  But I think it's 28 U.S. Code 353 that requires them to do that.
[41:32.080 --> 41:36.640]  And you won't get a response or you'll get a delaying response from the Attorney General
[41:36.640 --> 41:42.520]  when they don't immediately send you the notice, then you assume they didn't get it.
[41:42.520 --> 41:49.520]  And then you file criminal charges against the U.S. Attorney with the federal grand jury.
[41:49.520 --> 41:57.320]  And when you do that, the only address you have for the federal grand jury is the U.S.
[41:57.320 --> 41:59.840]  Attorney's Office.
[41:59.840 --> 42:05.240]  You send it certified, registered, restricted.
[42:05.240 --> 42:10.080]  So that only the former of the grand jury, you address it to the former of the grand
[42:10.080 --> 42:13.640]  jury, so only he can sign for it.
[42:13.640 --> 42:19.040]  But it'll go to the mailroom and they'll see the address to the prosecution attorney, the
[42:19.040 --> 42:23.000]  U.S. Attorney, and the guy in the mailroom will sign for it.
[42:23.000 --> 42:26.840]  And then the U.S. Attorney will get it and he'll open it.
[42:26.840 --> 42:30.880]  And it's criminal charges against him.
[42:30.880 --> 42:36.000]  And then when you don't get any response or he calls you and threatens to do all kind
[42:36.000 --> 42:40.280]  of horrible things to you, if you don't quit messing with the federal grand jury, then
[42:40.280 --> 42:46.560]  you go to the Attorney General in D.C. and file criminal charges against the U.S. Attorney
[42:46.560 --> 42:51.520]  for shielding criminal charges against himself from a grand jury.
[42:51.520 --> 42:56.960]  Now, the Attorney General is not likely to want to do much, but then you go after the
[42:56.960 --> 43:04.480]  Attorney General as well and file against him with the grand jury in Washington, D.C.
[43:04.480 --> 43:07.480]  What this does is create politics.
[43:07.480 --> 43:14.440]  It gets people looking at this Democratic U.S. Attorney in California shielding these
[43:14.440 --> 43:21.000]  judges which Trump does not like in the first instance, shielding them from these judges
[43:21.000 --> 43:23.560]  from prosecution.
[43:23.560 --> 43:32.880]  And whether Trump gets off the dime or not, this lawyer is going to be afraid he will.
[43:32.880 --> 43:39.280]  He's going to be afraid that he will use his option and throw him out of office and replace
[43:39.280 --> 43:40.280]  him.
[43:40.280 --> 43:44.960]  He's not going to want his name coming up with the U.S. Attorney General.
[43:44.960 --> 43:47.560]  It might get you some politics.
[43:47.560 --> 43:53.200]  Hang on, about to go to break, we're Andy Kelton, we live on radio, I call in number,
[43:53.200 --> 44:01.200]  I won't give out the call in number, our boards are full, we'll be right back.
[44:01.200 --> 44:04.840]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination by
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[45:01.280 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
[45:04.440 --> 45:11.200]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand 4CD course
[45:11.200 --> 45:14.280]  that will show you how in 24 hours, step-by-step.
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[45:39.280 --> 45:43.640]  the principles and practices that control our American courts.
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[46:14.880 --> 46:35.320]  Okay, we are back.
[46:35.320 --> 46:40.600]  Randy Kelton with Law Radio and we're talking to Tina in California.
[46:40.600 --> 46:46.600]  And part of the problem, Tina, is I can't help you save your home.
[46:46.600 --> 46:49.280]  I think that's probably already passed.
[46:49.280 --> 46:55.120]  It's already passed, but I'm entitled to trouble damages under California Homeland
[46:55.120 --> 46:56.120]  Bill of Rights.
[46:56.120 --> 47:05.040]  But the entity did not correct any of the incorrect documents, you know, and they weren't
[47:05.040 --> 47:08.960]  filed with accuracy before the New York City Justice Bill.
[47:08.960 --> 47:18.200]  Now you have a way to go back after them, and while it seems that the federal courts
[47:18.200 --> 47:26.880]  have been bought by the banks, the lawyers, they haven't been bought by the lawyers.
[47:26.880 --> 47:34.640]  So they might actually rule in your favor against the lawyers.
[47:34.640 --> 47:39.640]  So a good amount of practice suit against them must sting them big time anyway.
[47:39.640 --> 47:47.880]  And then you couple that with criminal charges against them, because this is criminal fraud.
[47:47.880 --> 47:52.560]  You start running the routine on the U.S. attorney and get them hopping up and down.
[47:52.560 --> 47:57.120]  They can't say much to you, because if they do, that gets them more criminal charges against
[47:57.120 --> 47:58.120]  them.
[47:58.120 --> 48:02.240]  But they can't say something to these lawyers.
[48:02.240 --> 48:11.600]  So guys, get this scoundrel off our backs, or we're going to clobber you.
[48:11.600 --> 48:13.600]  At the end of the day, it's all politics.
[48:13.600 --> 48:19.680]  I've got a complaint going to the Supreme Court about one of the attorneys and the judge,
[48:19.680 --> 48:24.760]  because the judicial commission and the state bar did nothing, but I've still got some more
[48:24.760 --> 48:29.440]  complaints to file against the judge.
[48:29.440 --> 48:39.320]  The judge has no discretion in properly applying the law to the facts.
[48:39.320 --> 48:43.840]  If he fails to do so, and in the process denies you in full and free access to enjoy him of
[48:43.840 --> 48:48.600]  your right to do process, that's a crime in the set.
[48:48.600 --> 48:53.280]  That's a class A misdemeanor.
[48:53.280 --> 48:57.360]  Instead of appealing to the court of appeals, appeal to a federal grand jury.
[48:57.360 --> 49:06.120]  You can even appeal to a state grand jury, because that federal judge is sitting in a
[49:06.120 --> 49:08.360]  federal courthouse.
[49:08.360 --> 49:15.520]  However, that federal courthouse is not a federal enclave.
[49:15.520 --> 49:20.600]  Joing the only places that are federal enclaves are federal prisons.
[49:20.600 --> 49:24.800]  Have you ever saw the movie Presidio?
[49:24.800 --> 49:25.800]  The Presidio?
[49:25.800 --> 49:28.600]  No, I didn't.
[49:28.600 --> 49:33.400]  It's about a murder on a marine base in San Diego.
[49:33.400 --> 49:40.720]  The local sheriff goes on to the marine base and has jurisdiction over the act, not the
[49:40.720 --> 49:43.800]  military police.
[49:43.800 --> 49:52.800]  That's because that federal marine base is not a federal enclave.
[49:52.800 --> 49:57.400]  The property does not belong ultimately to the federal government.
[49:57.400 --> 49:59.520]  It's not a part of the federal government.
[49:59.520 --> 50:06.560]  It's part of the state of California, and they're just on it.
[50:06.560 --> 50:12.240]  The federal courthouse is in the state of Texas, I mean the state of California.
[50:12.240 --> 50:18.960]  It's not in the United States.
[50:18.960 --> 50:23.360]  If it were in Washington, D.C., it would be.
[50:23.360 --> 50:31.880]  Or if it was in a federal prison, where it has to be is on property that has been ceded
[50:31.880 --> 50:34.080]  to the federal government.
[50:34.080 --> 50:39.240]  So the state has relinquished all right and control to the property.
[50:39.240 --> 50:46.000]  The reason they do that for federal prisons is so that the feds can hire their own prison
[50:46.000 --> 50:47.000]  guards.
[50:47.000 --> 50:50.440]  And they don't have to use state prison guards.
[50:50.440 --> 50:54.960]  But that tends to be the only places in some international ports for federal enclaves.
[50:54.960 --> 51:00.440]  Other than that, the property is in the state and you can pursue them in the state.
[51:00.440 --> 51:04.960]  And the rule is take the fed to the state and the state to the fed.
[51:04.960 --> 51:10.920]  So go to a state grand jury and you have a pretty decent grand jury in California.
[51:10.920 --> 51:18.240]  So you start going for the state grand jury and ask the local district attorney to present
[51:18.240 --> 51:25.080]  the federal appellate court judges to the grand jury and he is going to get apoplexy.
[51:25.080 --> 51:30.040]  And when he doesn't, then you file charges against him with the grand jury for shielding
[51:30.040 --> 51:32.960]  these judges from prosecution.
[51:32.960 --> 51:38.680]  And they're going to do everything they can to keep this out of the hands of a grand jury.
[51:38.680 --> 51:47.360]  But in the process, everybody's going to look at the likelihood or the possibility that
[51:47.360 --> 51:51.240]  you could actually get this before a grand jury.
[51:51.240 --> 51:53.680]  And what if you did?
[51:53.680 --> 51:58.320]  And what if there's somebody on that grand jury that feels like he's been screwed over
[51:58.320 --> 52:02.640]  by one of these appellate court judges?
[52:02.640 --> 52:04.720]  They could be toast.
[52:04.720 --> 52:09.600]  I once got all of the highest judges in Texas put in front of a grand jury.
[52:09.600 --> 52:14.520]  And it taught me a lesson.
[52:14.520 --> 52:19.800]  I thought the reason I got this put in front of a grand jury was all of the pressure I
[52:19.800 --> 52:29.840]  put on the prosecutor and the district judge and my eloquent oratory, it was none of that.
[52:29.840 --> 52:35.560]  The district attorney, 25-year district attorney, he's not running for office again, Ron Earl.
[52:35.560 --> 52:41.720]  This is the scoundrel that took out Tom DeLay, Speaker of the House, and nobody ever accused
[52:41.720 --> 52:46.640]  Tom DeLay of a crime, but he got him put in prison anyway.
[52:46.640 --> 52:47.640]  He was a scoundrel.
[52:47.640 --> 52:50.040]  Well, he's not running for office again.
[52:50.040 --> 52:51.520]  He's a Democrat.
[52:51.520 --> 52:58.320]  All nine of these judges on the Court of Criminal Appeals for Texas were Republicans.
[52:58.320 --> 53:07.560]  He used my complaints as canon fodder to try to take out his political enemies with him.
[53:07.560 --> 53:11.680]  That was an important lesson.
[53:11.680 --> 53:18.280]  While you may feel like they're blocking you and they're interrupting you at every turn,
[53:18.280 --> 53:23.600]  they are never going to tell you what's really happening.
[53:23.600 --> 53:33.200]  They're running around with a little judicial atomic bomb, and they're all wondering if
[53:33.200 --> 53:37.920]  they're going to get hit by it, and there's nothing they can do.
[53:37.920 --> 53:42.520]  They can try to run interference, but every time they do, then you file against the ones
[53:42.520 --> 53:43.520]  that run interference.
[53:43.520 --> 53:47.320]  So you got this prosecutor down here who's essentially innocent.
[53:47.320 --> 53:48.880]  He didn't do anything.
[53:48.880 --> 53:57.800]  I get some pro-save person coming down here and asked me to present all the highest federal
[53:57.800 --> 54:00.000]  judges in the district here at Grand Jury.
[54:00.000 --> 54:02.120]  Are you kidding me?
[54:02.120 --> 54:07.520]  I can watch my career float right out the window, but then when he doesn't, you file
[54:07.520 --> 54:10.680]  against him.
[54:10.680 --> 54:14.240]  And good chance you'll never get him before the Grand Jury.
[54:14.240 --> 54:17.360]  But what if you do?
[54:17.360 --> 54:23.440]  Who wants to play Russian roulette with their career, especially over something he didn't
[54:23.440 --> 54:24.440]  do?
[54:24.440 --> 54:30.120]  These judges are the ones that pulled his garbage and got me in this trouble.
[54:30.120 --> 54:35.160]  It will start lots of political sparks flying.
[54:35.160 --> 54:37.160]  And they can't say anything to you.
[54:37.160 --> 54:38.160]  It's a judge.
[54:38.160 --> 54:39.160]  Yeah.
[54:39.160 --> 54:44.200]  A judge at the Appeals Court told me in a letter, well, it was a letter I got from the Appeals
[54:44.200 --> 54:48.800]  Court on the second appeal, which they denied me.
[54:48.800 --> 54:54.680]  They said, I filed in former porpoise because I filed at the lower court the same way, which
[54:54.680 --> 54:56.280]  I was.
[54:56.280 --> 55:00.600]  And I got a letter saying, if I didn't pay the filing fee, they were not going to hear
[55:00.600 --> 55:01.600]  the case.
[55:01.600 --> 55:06.880]  And even if I paid the filing fee, basically, they probably weren't going to hear it anyway.
[55:06.880 --> 55:11.920]  And so I was coerced into paying the filing fee because they said they wouldn't hear it.
[55:11.920 --> 55:17.080]  And they claimed I wasn't indigent because they deemed me that I wasn't.
[55:17.080 --> 55:23.440]  And then they said, okay, this is a, this is exerting or purporting to exert an authority
[55:23.440 --> 55:26.960]  they do not expressly have.
[55:26.960 --> 55:30.840]  And that's official misconduct in the state of California.
[55:30.840 --> 55:36.520]  It's also official misconduct in the Fed under 18 US code 242.
[55:36.520 --> 55:44.680]  And a criminal filing in the state will have more impact because the federal judge has
[55:44.680 --> 55:47.640]  zero influence in the state.
[55:47.640 --> 55:50.040]  Matter of fact, the state...
[55:50.040 --> 55:55.200]  And can I ask a criminal complaint or do I have to ask the attorney general to file it?
[55:55.200 --> 56:02.040]  You can view all criminal complaints are filed by citizens.
[56:02.040 --> 56:10.120]  Now, sometimes they're filed by a citizen who happens to be a police officer.
[56:10.120 --> 56:11.680]  But that's incidental.
[56:11.680 --> 56:17.880]  He does not file a criminal complaint in his capacity as a police officer.
[56:17.880 --> 56:26.600]  He files a criminal complaint in his capacity as a credible person, a person over the age
[56:26.600 --> 56:31.080]  of 18, never convicted of a felony.
[56:31.080 --> 56:33.000]  And who files its criminal complaints?
[56:33.000 --> 56:39.200]  So absolutely, you have not only a right to file it, well, you don't exactly have a right
[56:39.200 --> 56:46.240]  to file it, a criminal complaint, you have a duty.
[56:46.240 --> 56:50.520]  If you're in Texas and you have knowledge that a felony's been committed and you don't
[56:50.520 --> 56:56.840]  report that felony, that's a class A misdemeanor.
[56:56.840 --> 57:05.120]  So what you can be criminally prosecuted for, you cannot be prosecuted for doing what you
[57:05.120 --> 57:13.040]  can be prosecuted for not doing, you can't be in any way disenfranchised for doing.
[57:13.040 --> 57:17.400]  And that reason I said you don't have a right.
[57:17.400 --> 57:20.840]  You don't have a right to be handcuffed.
[57:20.840 --> 57:25.360]  You don't have a right to be thrown in jail.
[57:25.360 --> 57:29.320]  There's all kind of stuff you don't have rights to.
[57:29.320 --> 57:38.360]  You don't have a right to file a criminal complaint, but there is no restriction against
[57:38.360 --> 57:41.160]  you filing a criminal complaint.
[57:41.160 --> 57:45.000]  You are not a public official.
[57:45.000 --> 57:48.840]  You are the masters of your public servants.
[57:48.840 --> 57:59.880]  And you can do anything you want to, so long as you and the other citizens of the Republic
[57:59.880 --> 58:07.240]  of California, you can do anything that you and the rest of them have not agreed to restrict
[58:07.240 --> 58:09.120]  yourself into doing.
[58:09.120 --> 58:14.120]  And those restrictions must be codified into law specifically.
[58:14.120 --> 58:21.200]  When you talk about the Constitution, Constitution does not grant you any rights.
[58:21.200 --> 58:29.320]  The Constitution only specifically forbids public officials from interfering with certain
[58:29.320 --> 58:32.960]  specified rights.
[58:32.960 --> 58:38.040]  But everything else is still your right.
[58:38.040 --> 58:40.680]  Anything that you're not forbidden to do is your right to do.
[58:40.680 --> 58:45.760]  Moving on, about to go to Breitgrande Kelton, we'll have our radio, we'll pick this up
[58:45.760 --> 58:50.360]  on the other side, we'll be right back.
[58:50.360 --> 58:54.480]  Would you like to make more definite progress in your walk with God?
[58:54.480 --> 58:59.680]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.680 --> 59:01.000]  can really help.
[59:01.000 --> 59:05.320]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.320 --> 59:06.320]  today.
[59:06.320 --> 59:10.360]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.360 --> 59:13.480]  to know God and to know the meaning of life.
[59:13.480 --> 59:18.720]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.720 --> 59:23.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.000 --> 59:27.960]  of salvation, growing in Christ and how to build up the church.
[59:27.960 --> 59:32.960]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.960 --> 59:45.720]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit
[59:45.720 --> 59:48.400]  us online at bfa.org.
[59:48.400 --> 01:00:17.400]  Live, free speech radio, logosradionetwork.com.
[01:00:18.400 --> 01:00:31.200]  Markets for the 11th of April 2018 closed with gold $1,353.22 an ounce, silver $16.68 an
[01:00:31.200 --> 01:00:41.360]  ounce, Texas crude $65.51 a barrel, bitcoins at $6,902.19, ethereums at $420.80, bitcoin
[01:00:41.360 --> 01:00:55.520]  cash at $652.90, and finally litecoins at $114.34, a crypto coin.
[01:00:55.520 --> 01:01:01.280]  Today in history, the year 1968, President Lyndon B. Johnson signs the Civil Rights Act
[01:01:01.280 --> 01:01:06.240]  of 1968, which prohibited private businesses from discriminating based on race, color,
[01:01:06.240 --> 01:01:08.120]  religion, sex, or national origin.
[01:01:08.120 --> 01:01:13.240]  It also prohibited unequal application of voter registration requirements, racial segregation
[01:01:13.240 --> 01:01:18.320]  in public schools, in employment, and public accommodations for places of business.
[01:01:18.320 --> 01:01:27.240]  Today in history, in recent news, tensions in Syria seem to have reached new levels after
[01:01:27.240 --> 01:01:31.920]  a chemical attack on civilians in the city of Douma, which left 40 dead and many injured,
[01:01:31.920 --> 01:01:36.640]  an attack which is being blamed on the democratically elected president of Syria, Bashar al-Assad,
[01:01:36.640 --> 01:01:41.560]  by the United States, and on Israel by Russia, either accusatory narrative without any verified
[01:01:41.560 --> 01:01:43.440]  evidence as of yet.
[01:01:43.440 --> 01:01:46.920]  President Trump tweeted today, Wednesday, that if, quote, Russia vows to shoot down
[01:01:46.920 --> 01:01:51.280]  any and all missiles fired at Syria, get ready, Russia, because they will be coming in nice
[01:01:51.280 --> 01:01:53.000]  and new and smart.
[01:01:53.000 --> 01:01:56.520]  Going on to warn Russia that you shouldn't be partners with a gas-killing animal who
[01:01:56.520 --> 01:01:58.680]  kills its people and enjoys it.
[01:01:58.680 --> 01:02:02.720]  Many in the West, including President Trump, have been quick to conclude that this chemical
[01:02:02.720 --> 01:02:06.920]  attack must have been conducted by Assad and his forces.
[01:02:06.920 --> 01:02:11.120]  Syria and Russia, on the other hand, have given approval since yesterday for the organization
[01:02:11.120 --> 01:02:15.920]  for the prohibition of chemical weapons to investigate the side of the chemical slaughter.
[01:02:15.920 --> 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 Zakoba 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 --> 01:02:44.480]  has been fighting terrorists.
[01:02:44.480 --> 01:02:48.320]  Or is this a trick to destroy all traces with a smart missile strike, and then there will
[01:02:48.320 --> 01:02:51.600]  be no evidence for international inspectors to look at?
[01:02:51.600 --> 01:03:05.280]  This was Rick Rody with your lowdown for April 11, 2018.
[01:03:05.280 --> 01:03:28.400]  Okay, we are back in Hilton, you have a radio, and we're talking to Tina in California.
[01:03:28.400 --> 01:03:33.400]  And I know I spent a lot of time on this, Tina, but it's one of my favorite subjects.
[01:03:33.400 --> 01:03:42.520]  If we are ever to get our courts back, we have to introduce the courts to remedy.
[01:03:42.520 --> 01:03:49.120]  You're probably, you're the only one who can do it, the ordinary citizen.
[01:03:49.120 --> 01:03:53.480]  They forget that we're the most dangerous person in the room.
[01:03:53.480 --> 01:04:00.080]  When you start filing criminal case charges, you become a protected class.
[01:04:00.080 --> 01:04:05.040]  So, you know, I do this all the time, I set them up.
[01:04:05.040 --> 01:04:09.560]  And the thing I like to do is work my way up to a high level judge, like I'm in the
[01:04:09.560 --> 01:04:15.440]  state of California, I'll go to the prosecutor's attorney and file against this federal judge.
[01:04:15.440 --> 01:04:22.640]  And the U.S. and then the local district attorney will refuse to act on my complaint.
[01:04:22.640 --> 01:04:29.920]  And then I go to the district judge and invoke the duty of the district judge as a magistrate
[01:04:29.920 --> 01:04:32.440]  and ask him to take a complaint against the district attorney.
[01:04:32.440 --> 01:04:39.920]  And when he says, oh, well, Chief Willikers, you need to take that to the sheriff's department.
[01:04:39.920 --> 01:04:42.440]  And you say, oh, well, thank you very much, your honor.
[01:04:42.440 --> 01:04:46.320]  And you go to the sheriff's department, you file criminal charges against the district
[01:04:46.320 --> 01:04:51.520]  judge for failing to perform his duty as a magistrate.
[01:04:51.520 --> 01:04:55.680]  And if the district judge, when he finds out about it, he definitely will find out about
[01:04:55.680 --> 01:04:56.680]  it.
[01:04:56.680 --> 01:05:03.320]  He's going to say, that woman set me up, as a matter of fact, he did.
[01:05:03.320 --> 01:05:14.120]  And then if anybody says anything to you that you can in any way construe as a threat, you
[01:05:14.120 --> 01:05:22.680]  file criminal charges against the district judge for retaliation, accusing the district
[01:05:22.680 --> 01:05:30.600]  judge of sending that playlist for police officer or whoever, to threaten you because
[01:05:30.600 --> 01:05:33.600]  you file criminal charges against the district judge.
[01:05:33.600 --> 01:05:39.680]  And the district judge is almost certainly going to be innocent as the driven snow.
[01:05:39.680 --> 01:05:45.800]  Now, when you do that, he is going to be righteously indignant.
[01:05:45.800 --> 01:05:51.080]  And he's going to crawl down this police officer's throat, stomping his feet all the
[01:05:51.080 --> 01:05:57.840]  way, and then all of a sudden you become taboo.
[01:05:57.840 --> 01:06:01.120]  Everybody backs up and keeps their distance.
[01:06:01.120 --> 01:06:05.440]  Now it's clear to everybody, you are dangerous.
[01:06:05.440 --> 01:06:13.440]  You're dangerous in that they can't handle you, that you are down there to set them up
[01:06:13.440 --> 01:06:16.760]  so you can sting them.
[01:06:16.760 --> 01:06:24.560]  It creates just more politics, it frightens everybody more because their terror is that
[01:06:24.560 --> 01:06:29.000]  you will actually get them before a grand jury.
[01:06:29.000 --> 01:06:33.760]  And I can tell you for certain, in spite of what a lot of the patriot mythologists say
[01:06:33.760 --> 01:06:41.360]  about a prosecutor controlling a grand jury, they don't do any such thing.
[01:06:41.360 --> 01:06:45.400]  I went to my prosecutor's office one day and he's sitting with his head in his hand.
[01:06:45.400 --> 01:06:48.080]  And I said, what's the matter, Greg?
[01:06:48.080 --> 01:06:56.120]  He said, those darn grand jurors, you never know what they're going to do.
[01:06:56.120 --> 01:07:02.520]  I held up both hands, looked up at the ceiling and said, there is a God.
[01:07:02.520 --> 01:07:08.000]  I could not have heard anything better.
[01:07:08.000 --> 01:07:16.080]  And while Scalia in Montgomery v. State said that any prosecutor worth his salt could get
[01:07:16.080 --> 01:07:22.960]  a ham sandwich indicted, what the prosecutor has problems doing is keeping the ham sandwich
[01:07:22.960 --> 01:07:26.120]  from getting indicted.
[01:07:26.120 --> 01:07:30.840]  When I got all the highest judges in Texas put in front of a grand jury, they spent
[01:07:30.840 --> 01:07:37.360]  three months waiting to see if their career is going to end tomorrow.
[01:07:37.360 --> 01:07:45.720]  And there was nothing they could do, absolutely zero influence.
[01:07:45.720 --> 01:07:49.200]  That grand jury was either going to indict them or it was not.
[01:07:49.200 --> 01:07:54.720]  And it was totally out of their control and that's what they fear the most.
[01:07:54.720 --> 01:08:00.680]  The most powerful tool you have is that grand jury.
[01:08:00.680 --> 01:08:03.800]  It's not necessarily getting to them.
[01:08:03.800 --> 01:08:09.320]  It's making grand jury noises, terrifies everybody.
[01:08:09.320 --> 01:08:18.600]  So what you want to do is put the courts in a position to where they go to the lawyers
[01:08:18.600 --> 01:08:23.600]  that you're after and tell them, you better make a deal with this woman, get her out of
[01:08:23.600 --> 01:08:24.600]  my court.
[01:08:24.600 --> 01:08:30.640]  But we're likely to drop the sky on you to get her off of us.
[01:08:30.640 --> 01:08:37.520]  Now, that might not be right and it might not be noble, but these guys I don't care
[01:08:37.520 --> 01:08:41.760]  about right and they don't care about being noble.
[01:08:41.760 --> 01:08:46.240]  They care so turn it against them.
[01:08:46.240 --> 01:08:51.720]  This is the one thing I have trouble getting people to do because somehow they have a fear
[01:08:51.720 --> 01:08:53.440]  of filing criminal complaints.
[01:08:53.440 --> 01:08:57.760]  I have no idea if I can do it.
[01:08:57.760 --> 01:08:59.160]  Oh, yes.
[01:08:59.160 --> 01:09:06.760]  So the trick is, okay, I got these rules and one of the rules is never ask a public official
[01:09:06.760 --> 01:09:16.640]  to do anything that you actually want him to do because you never ask the public official
[01:09:16.640 --> 01:09:21.800]  to do anything that the law does not command him to do.
[01:09:21.800 --> 01:09:28.560]  And when he refuses to do what you want him to do, boom, you land on him and then they
[01:09:28.560 --> 01:09:35.280]  get the idea that you're setting him up and they're exactly right, you're setting him
[01:09:35.280 --> 01:09:36.280]  up.
[01:09:36.280 --> 01:09:42.360]  You know, I go into court in Dallas or just about anybody anywhere in Texas and the word
[01:09:42.360 --> 01:09:50.080]  is that count scoundrel, watch out with him because everything he's doing is a setup.
[01:09:50.080 --> 01:09:55.200]  He's just trying to set you up so he can call police and try to get you arrested and that's
[01:09:55.200 --> 01:09:56.200]  right.
[01:09:56.200 --> 01:09:57.920]  I am.
[01:09:57.920 --> 01:10:01.160]  So don't think you're going to get me upset.
[01:10:01.160 --> 01:10:06.920]  When I ask you to do something and you refuse, don't think I'm going to feel bad about it.
[01:10:06.920 --> 01:10:07.920]  Yes.
[01:10:07.920 --> 01:10:10.680]  Favorite story is the hearing aid story.
[01:10:10.680 --> 01:10:12.320]  I've walked into court.
[01:10:12.320 --> 01:10:17.640]  Me and another guy were helping people stop foreclosures and lizard eviction courts.
[01:10:17.640 --> 01:10:20.040]  David had a hearing first.
[01:10:20.040 --> 01:10:22.200]  He goes up and sits down at the table.
[01:10:22.200 --> 01:10:24.200]  I walk up to the bar and just stand there.
[01:10:24.200 --> 01:10:27.360]  Finally, the judge looks up and sees me.
[01:10:27.360 --> 01:10:28.360]  Can I help you?
[01:10:28.360 --> 01:10:29.360]  I suggest your honor.
[01:10:29.360 --> 01:10:30.360]  My name's Randall Kelton.
[01:10:30.360 --> 01:10:31.360]  I have a hearing deficiency.
[01:10:31.360 --> 01:10:33.600]  Well, Mr. Kelton, just what's wrong with your hearing?
[01:10:33.600 --> 01:10:35.360]  He was just hazing.
[01:10:35.360 --> 01:10:37.360]  He already didn't like me.
[01:10:37.360 --> 01:10:43.400]  Oh, judge, I was dying in Mexico the other day and I drank too much of that cheap tequila
[01:10:43.400 --> 01:10:44.880]  and lost my hearing aid.
[01:10:44.880 --> 01:10:46.880]  Well, why are you telling me this?
[01:10:46.880 --> 01:10:49.200]  Would you have a competition with the hearing impaired?
[01:10:49.200 --> 01:10:50.200]  No, I do not.
[01:10:50.200 --> 01:10:52.200]  I see you have a sound system here.
[01:10:52.200 --> 01:10:53.200]  Would you turn it up?
[01:10:53.200 --> 01:10:54.200]  No, I will not.
[01:10:54.200 --> 01:10:57.200]  Well, then will you speak up?
[01:10:57.200 --> 01:10:58.200]  And he did.
[01:10:58.200 --> 01:10:59.200]  That was the bailiff.
[01:10:59.200 --> 01:11:01.200]  I didn't sound shut up.
[01:11:01.200 --> 01:11:03.200]  He just throw me out of the courtroom.
[01:11:03.200 --> 01:11:05.200]  Well, my hearing was over.
[01:11:05.200 --> 01:11:12.200]  I get to the bar and I point to bail if you come with me and get it outside and he said,
[01:11:12.200 --> 01:11:13.200]  what can I do for you, Mr. Kelton?
[01:11:13.200 --> 01:11:15.200]  I need you to arrest the judge.
[01:11:15.200 --> 01:11:17.200]  Well, why would I arrest the judge?
[01:11:17.200 --> 01:11:23.200]  Class A, misdemeanor, official oppression, criminal violation, 39.03 Texas Penal Code.
[01:11:23.200 --> 01:11:29.200]  In that, he failed to perform a duty he was required to perform and in the process, denied
[01:11:29.200 --> 01:11:32.200]  me in the fool-free access to or enjoyment of a right.
[01:11:32.200 --> 01:11:35.200]  Well, Mr. Kelton, what right did he deny you in?
[01:11:35.200 --> 01:11:40.200]  He denied me in my right to accommodation under the Americans with Disabilities Act.
[01:11:40.200 --> 01:11:46.200]  Well, Mr. Kelton, why didn't you tell the judge about the Americans with Disabilities Act?
[01:11:46.200 --> 01:11:51.200]  Heck, if I had done that, he might have turned the sound up.
[01:11:51.200 --> 01:11:56.200]  The baby stood there a minute and this grin started across his face.
[01:11:56.200 --> 01:11:59.200]  He said, you set him up.
[01:11:59.200 --> 01:12:02.200]  He had dead and he was a sucker for that one, wasn't he?
[01:12:02.200 --> 01:12:07.200]  That one made me famous.
[01:12:07.200 --> 01:12:12.200]  The word got around that no good rotten Kelton scoundrel.
[01:12:12.200 --> 01:12:18.200]  He is just there to set you up and you want them to think that about you.
[01:12:18.200 --> 01:12:25.200]  That everything you do, when you go in there and ask the district attorney to present your
[01:12:25.200 --> 01:12:30.200]  complaints to the grand jury, you really don't want him to.
[01:12:30.200 --> 01:12:37.200]  So when he refuses, he expects you to get all upset and frustrated and feel betrayed.
[01:12:37.200 --> 01:12:39.200]  Now, thank you.
[01:12:39.200 --> 01:12:40.200]  That'll do.
[01:12:40.200 --> 01:12:41.200]  We're good.
[01:12:41.200 --> 01:12:47.200]  And then he's wondering, what has that lady got planned?
[01:12:47.200 --> 01:12:55.200]  And then when you file against him, he finds out what you had planned and he realizes you set him up.
[01:12:55.200 --> 01:13:02.200]  And when everybody there knows you're setting them up, everybody gets upset, everybody gets excited,
[01:13:02.200 --> 01:13:06.200]  and they all get angry at whoever brought this on them.
[01:13:06.200 --> 01:13:10.200]  You got a federal judge in the state court.
[01:13:10.200 --> 01:13:14.200]  He has no friends there to start with.
[01:13:14.200 --> 01:13:19.200]  And when everybody gets in trouble trying to protect him, he's going to have even less friends.
[01:13:19.200 --> 01:13:30.200]  And the federal judge is looking at this woman getting me indicted in the state court and he can say nothing to you.
[01:13:30.200 --> 01:13:35.200]  The only one he can speak to are the lawyers on the other side.
[01:13:35.200 --> 01:13:45.200]  Colorado, friend of mine, Brenda Burton, she called into the show and is complaining about all the things they did wrong,
[01:13:45.200 --> 01:13:47.200]  the judges and the prosecutors.
[01:13:47.200 --> 01:13:49.200]  I said, well, did you file the bar grievances?
[01:13:49.200 --> 01:13:50.200]  Well, no.
[01:13:50.200 --> 01:13:51.200]  I said, well, why not?
[01:13:51.200 --> 01:13:52.200]  Well, I didn't think about it.
[01:13:52.200 --> 01:13:53.200]  So we'll think about it.
[01:13:53.200 --> 01:13:55.200]  What about judicial conduct complaints?
[01:13:55.200 --> 01:13:57.200]  Well, I didn't file any of those either.
[01:13:57.200 --> 01:14:07.200]  She called in a few months later and 25 bar grievances, I think six judicial conduct complaints later.
[01:14:07.200 --> 01:14:09.200]  She's called into court.
[01:14:09.200 --> 01:14:13.200]  The lawyers on the other side and her come into court.
[01:14:13.200 --> 01:14:22.200]  The judge sends the bailiffs out of the courtroom and he says to the two, he says to the lawyer on the other side.
[01:14:22.200 --> 01:14:27.200]  He said, I'm going to give you this courtroom, it's yours all evening, I'm leaving.
[01:14:27.200 --> 01:14:34.200]  But when I come back tomorrow, you will have made Miss Burton an offer she cannot refuse.
[01:14:34.200 --> 01:14:39.200]  I do not want to see her in my courtroom again.
[01:14:39.200 --> 01:14:44.200]  Do I make myself clear?
[01:14:44.200 --> 01:14:48.200]  He couldn't say a word to Brenda because she was hammering him.
[01:14:48.200 --> 01:14:50.200]  That would be retaliation.
[01:14:50.200 --> 01:14:53.200]  But he could talk to the lawyers on the other side.
[01:14:53.200 --> 01:14:59.200]  If you're going to win anything, that's how you're going to do it.
[01:14:59.200 --> 01:15:03.200]  There's only one problem when you start this.
[01:15:03.200 --> 01:15:05.200]  Yeah.
[01:15:05.200 --> 01:15:11.200]  It gets to be way too much fun.
[01:15:11.200 --> 01:15:14.200]  It can get to be addictive.
[01:15:14.200 --> 01:15:20.200]  You get to see this chicken dance and another thing in the process.
[01:15:20.200 --> 01:15:31.200]  If in the process of doing this, anybody says anything to you that you can in any way interpret as a threat.
[01:15:31.200 --> 01:15:36.200]  Even if they're just mean or gruff to you or order you around.
[01:15:36.200 --> 01:15:44.200]  I get pulled over by a police officer. I get two words. I don't like 911.
[01:15:44.200 --> 01:15:52.200]  I got this officer here. He is agitated and he is prominently displaying a deadly weapon in your case.
[01:15:52.200 --> 01:16:02.200]  You tell them I got this officer here and he is retaliating against me because I filed criminal charges against the district judge.
[01:16:02.200 --> 01:16:06.200]  And the officer will crap his drawers.
[01:16:06.200 --> 01:16:13.200]  I'm next to my house doing some plastic welding on a tank. Newt Cobb didn't know who I was.
[01:16:13.200 --> 01:16:16.200]  He tells me I can't have this open flame.
[01:16:16.200 --> 01:16:19.200]  I said, you're joking, right? I don't know. We have a fire bed on.
[01:16:19.200 --> 01:16:21.200]  I said, wait a minute.
[01:16:21.200 --> 01:16:27.200]  That John Faustell, the district judge sent you down to arrest me, didn't he?
[01:16:27.200 --> 01:16:34.200]  Just because I filed one crummy little criminal complaint against him with the attorney general, he sent you down here, didn't he?
[01:16:34.200 --> 01:16:40.200]  The cop held up both hands, took a step back, said one moment, please, called the chief of police.
[01:16:40.200 --> 01:16:43.200]  He stepped out of the city hall. I live right next to it.
[01:16:43.200 --> 01:16:46.200]  Randy, what are you doing to my new officer?
[01:16:46.200 --> 01:16:54.200]  Tom was just jerking his chain and the officer said, oh God, I saw my whole career pass before my eyes.
[01:16:54.200 --> 01:16:57.200]  Hang on. We'll be right back.
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[01:18:00.200 --> 01:18:05.200]  I love Logos. Without the shows on this network, I'd be almost as ignorant as my friends.
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[01:18:43.200 --> 01:18:44.200]  Do I pay extra?
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[01:18:45.200 --> 01:18:47.200]  Do I have to do anything different when I order?
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[01:18:50.200 --> 01:18:51.200]  I mean yes.
[01:18:51.200 --> 01:18:52.200]  Wow.
[01:18:52.200 --> 01:18:54.200]  Giving without doing anything or spending any money.
[01:18:54.200 --> 01:18:55.200]  This is perfect.
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[01:18:57.200 --> 01:18:58.200]  We are Logos.
[01:18:58.200 --> 01:19:00.200]  Happy Holidays Logos.
[01:19:00.200 --> 01:19:27.200]  Logos RadioNetwork.
[01:19:27.200 --> 01:19:30.200]  Okay, we are back.
[01:19:30.200 --> 01:19:36.200]  We have a lot of radio and Tina, I've got people's been hanging on a long time, so I really do need to move on.
[01:19:36.200 --> 01:19:42.200]  But does this sound like something you think you could do?
[01:19:42.200 --> 01:19:46.200]  Oh, I guess it would help if I unmute you.
[01:19:46.200 --> 01:19:48.200]  Oh.
[01:19:48.200 --> 01:19:56.200]  I said I will be for a couple of years doing this.
[01:19:56.200 --> 01:19:57.200]  Say that again.
[01:19:57.200 --> 01:19:58.200]  I missed part of that.
[01:19:58.200 --> 01:20:04.200]  I said I will be busy for the next couple of years doing all these complaints and filings
[01:20:04.200 --> 01:20:12.200]  because it sounds like a lot of fun and I have to stop them from doing what they've done.
[01:20:12.200 --> 01:20:18.200]  If we're going to fix the system, this is how we'll do it.
[01:20:18.200 --> 01:20:19.200]  Go ahead.
[01:20:19.200 --> 01:20:20.200]  Yes.
[01:20:20.200 --> 01:20:22.200]  How do I stop them filing?
[01:20:22.200 --> 01:20:25.200]  What do they call it here?
[01:20:25.200 --> 01:20:32.200]  The vexatious litigants charges against me and which they've tried to do.
[01:20:32.200 --> 01:20:38.200]  This has nothing to do with litigation.
[01:20:38.200 --> 01:20:42.200]  The vexatious litigants does not apply at all.
[01:20:42.200 --> 01:20:44.200]  You're simply reporting criminal charges.
[01:20:44.200 --> 01:20:52.200]  They do anything that you charged them with witness tampering.
[01:20:52.200 --> 01:20:56.200]  You have the same protection of judge does.
[01:20:56.200 --> 01:21:02.200]  The police, in order to do their job, need the cooperation of the public.
[01:21:02.200 --> 01:21:08.200]  So when a member of the public reports crime, they become a protected class.
[01:21:08.200 --> 01:21:14.200]  Once you become, once you're the witness, nobody can touch you.
[01:21:14.200 --> 01:21:21.200]  Anybody says anything you don't like, you accuse them of witness tampering or retaliation.
[01:21:21.200 --> 01:21:24.200]  They're going to square all the stack of bibles.
[01:21:24.200 --> 01:21:26.200]  They didn't mean to witness tampering.
[01:21:26.200 --> 01:21:28.200]  They weren't intended to threaten you.
[01:21:28.200 --> 01:21:31.200]  It makes no difference what they intended.
[01:21:31.200 --> 01:21:35.200]  What matters is how you respond to them.
[01:21:35.200 --> 01:21:38.200]  They take you the way they find you.
[01:21:38.200 --> 01:21:47.200]  If you happen to be incredibly paranoid and they say something to you that ordinarily people wouldn't take as threatening
[01:21:47.200 --> 01:21:53.200]  and you get terrified and run on the street and get hit by a car, they're at fault.
[01:21:53.200 --> 01:21:57.200]  And then they're going to say, it's not my fault because she was paranoid.
[01:21:57.200 --> 01:22:01.200]  And the courts say, you take a person like you find them.
[01:22:01.200 --> 01:22:08.200]  So be careful how you behave yourself, especially when you're a witness.
[01:22:08.200 --> 01:22:13.200]  Now you're protected and I get one of these guys say one word I don't like.
[01:22:13.200 --> 01:22:18.200]  One time I dialed 911 three times at the courthouse.
[01:22:18.200 --> 01:22:20.200]  They sent an officer.
[01:22:20.200 --> 01:22:26.200]  I tried to get him to arrest his buddies and he started giving me a hard time.
[01:22:26.200 --> 01:22:28.200]  So I called 911 on him.
[01:22:28.200 --> 01:22:29.200]  They sent another guy out.
[01:22:29.200 --> 01:22:32.200]  I called 911 on him.
[01:22:32.200 --> 01:22:36.200]  Oh, it was a cluster function.
[01:22:36.200 --> 01:22:42.200]  That's a term I recently used in a particular period of mandamus.
[01:22:42.200 --> 01:22:52.200]  I called what they were doing a cluster function and the lawyers mentioned that in one of their footnotes.
[01:22:52.200 --> 01:22:56.200]  I don't think they thought that was as funny as I did.
[01:22:56.200 --> 01:23:00.200]  No, they don't have a sense of humor.
[01:23:00.200 --> 01:23:04.200]  I hope they don't because I like to pick on them with it.
[01:23:04.200 --> 01:23:09.200]  But apparently the court did because they granted us the mandamus.
[01:23:09.200 --> 01:23:12.200]  So they did.
[01:23:12.200 --> 01:23:13.200]  They seem to like it.
[01:23:13.200 --> 01:23:14.200]  Okay.
[01:23:14.200 --> 01:23:18.200]  Anyway, thank you Tina and keep in touch.
[01:23:18.200 --> 01:23:24.200]  Keep us up to speed on what happens and I'll give you all the help I can.
[01:23:24.200 --> 01:23:25.200]  Great.
[01:23:25.200 --> 01:23:26.200]  Thank you so much.
[01:23:26.200 --> 01:23:29.200]  I'll get started on another few complaints here.
[01:23:29.200 --> 01:23:30.200]  Okay.
[01:23:30.200 --> 01:23:31.200]  Thank you.
[01:23:31.200 --> 01:23:32.200]  Okay.
[01:23:32.200 --> 01:23:35.200]  Now we're going to go to where are we?
[01:23:35.200 --> 01:23:37.200]  Charles and Georgia.
[01:23:37.200 --> 01:23:38.200]  Hello, Charles.
[01:23:38.200 --> 01:23:39.200]  Hello there Randy.
[01:23:39.200 --> 01:23:40.200]  How are you tonight?
[01:23:40.200 --> 01:23:41.200]  I'm good.
[01:23:41.200 --> 01:23:44.200]  What do you have for us today?
[01:23:44.200 --> 01:23:51.200]  I wanted to follow up with the conversation last night and I don't know if I need to go into the details or what happened.
[01:23:51.200 --> 01:23:56.200]  What we were talking about last night or not for the listeners.
[01:23:56.200 --> 01:24:11.200]  Charles has been established as the parent of a, Charles is in Georgia, he's been established as the biological father of a child in Wisconsin that he apparently didn't know he had.
[01:24:11.200 --> 01:24:20.200]  And now Wisconsin courts are garnishing his check in California, I mean in Georgia.
[01:24:20.200 --> 01:24:26.200]  Okay, that's kind of a nutshell brief.
[01:24:26.200 --> 01:24:27.200]  Okay.
[01:24:27.200 --> 01:24:29.200]  All right.
[01:24:29.200 --> 01:24:42.200]  So last night, Deborah mentioned something about the fiduciary and the beneficiary.
[01:24:42.200 --> 01:25:05.200]  And I did a little research and I couldn't find any basis in statute or regulation to support those terms when it came to the Michigan compiled laws, I couldn't find that word in the child support of the part of the law at all.
[01:25:05.200 --> 01:25:13.200]  But I did find those words in probate and other probate laws.
[01:25:13.200 --> 01:25:15.200]  So I was wondering about that.
[01:25:15.200 --> 01:25:20.200]  If you could kind of dig into that, I don't mean to play stop the jump or anything.
[01:25:20.200 --> 01:25:21.200]  Yeah.
[01:25:21.200 --> 01:25:35.200]  You can't, okay, you can't move, you can't, you couldn't support that position as the fiduciary in probate, you certainly can't bring that to family law.
[01:25:35.200 --> 01:25:51.200]  So if it's not in family law, they may call it something else is there has to be something that gave them at least the semblance of authority to reach out beyond state lines.
[01:25:51.200 --> 01:26:00.200]  Because that goes to preemption when one state moves on a citizen of another state, there has to be some statutory authority.
[01:26:00.200 --> 01:26:08.200]  It may not be called fiduciary, they may call it something else or may just be a statute that authorizes them.
[01:26:08.200 --> 01:26:13.200]  But that would almost have to be a compact.
[01:26:13.200 --> 01:26:17.200]  So there's the driver's license compact.
[01:26:17.200 --> 01:26:24.200]  And that's where the states all but three signed this compact.
[01:26:24.200 --> 01:26:37.200]  And they agreed that if someone gets their license revoked in one state, that's a member of the contract, no other state will grant them a license.
[01:26:37.200 --> 01:26:50.200]  And the states agreed that if they get their license revoked in one state, and they have a license in this state, that this state will revoke their license.
[01:26:50.200 --> 01:26:51.200]  Yeah.
[01:26:51.200 --> 01:26:56.200]  But they did that under compact and the states had to agree with one another.
[01:26:56.200 --> 01:27:10.200]  You might look and see if there are any compacts that the state is engaged in that allows it to presume to levy against the citizen of another state.
[01:27:10.200 --> 01:27:20.200]  You know, we hear state and we think of state as a subdivision of the United States.
[01:27:20.200 --> 01:27:27.200]  And in every other country, when they say in the world, when they say state, they mean a country.
[01:27:27.200 --> 01:27:34.200]  And each of these states were sovereign countries in their own right.
[01:27:34.200 --> 01:27:39.200]  And they agreed to enter into a compact in agreement with one another.
[01:27:39.200 --> 01:27:44.200]  And that agreement with one another created the federal government.
[01:27:44.200 --> 01:27:50.200]  So the federal government is not the sovereign, each of the states are the sovereigns.
[01:27:50.200 --> 01:28:04.200]  And for one sovereign state to presume to take action against the citizen of another sovereign state, that's a pretty big deal because it has to be something.
[01:28:04.200 --> 01:28:05.200]  All right.
[01:28:05.200 --> 01:28:15.200]  So, well, I did look that up in the Michigan Compiled Laws and I did a search for that term and I just could not.
[01:28:15.200 --> 01:28:17.200]  It was just not there.
[01:28:17.200 --> 01:28:27.200]  So you might do a search for paternity responsibility or paternity child support.
[01:28:27.200 --> 01:28:44.200]  That's exactly what I, what I searched was paternity child support and the word fiduciary and that did not come up in either nowhere in the Michigan Compiled Laws as, you know, joint.
[01:28:44.200 --> 01:28:52.200]  So did you find anything related to paternity child support?
[01:28:52.200 --> 01:28:59.200]  Oh, I found, I found the exact statues of paternity and child support, just not the word or term.
[01:28:59.200 --> 01:29:00.200]  Oh, OK.
[01:29:00.200 --> 01:29:15.200]  Well, they may not have the word fiduciary in it, but the likely when you read the statute, it goes to the same issue that you don't have to be adjudicated.
[01:29:15.200 --> 01:29:28.200]  I mean, that the child has the right to the support and you as the parent have a duty to provide the support.
[01:29:28.200 --> 01:29:34.200]  Did you find law that went to that effect?
[01:29:34.200 --> 01:29:48.200]  I, what I found was I wasn't looking for that specific which you're talking about. It was definitely there. There would be the penalties and...
[01:29:48.200 --> 01:29:56.200]  Well, yeah, but was there something that purported to allow the state to step across state lines?
[01:29:56.200 --> 01:30:00.200]  Hang on. I'm about to go to break. Randy Kelton will go radio. We'll be right.
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[01:33:31.200 --> 01:33:50.200]  Okay, we are back. Randy Kelton, rule of law radio on this, the 29th day of June, 2018.
[01:33:50.200 --> 01:33:54.200]  And we're talking to Charles in Georgia.
[01:33:54.200 --> 01:34:07.200]  Okay. Did the code have anything that resembled long arm statute?
[01:34:07.200 --> 01:34:34.200]  Again, I wasn't looking for that specifically, but what I was looking for was the issues that Deborah bought up, and I wanted to see if that was factual basis for what she was saying.
[01:34:34.200 --> 01:34:43.200]  So that way I can form a better argument, and I couldn't find that at all.
[01:34:43.200 --> 01:34:47.200]  There was another thing that she said about...
[01:34:47.200 --> 01:34:56.200]  Okay, hold on. Did the code say that a parent has a duty to support a child?
[01:34:56.200 --> 01:34:57.200]  Yes.
[01:34:57.200 --> 01:35:00.200]  That creates fiduciary duty.
[01:35:00.200 --> 01:35:09.200]  Okay, so they don't necessarily say it in terms of trust, but it is a trust by its nature.
[01:35:09.200 --> 01:35:15.200]  Okay, so you say that that's what it is by its nature.
[01:35:15.200 --> 01:35:29.200]  And here's my argument, because by nature there's a lot of things, you know, Patriot mythology, just that and the other, that comes into play where they say, well, that's what it is by the nature.
[01:35:29.200 --> 01:35:37.200]  Well, how come it's by the nature, and it's okay when it comes to the state legislatures and things like that?
[01:35:37.200 --> 01:35:53.200]  But when the Patriot myths point out something, and it's by the nature, seemingly, you know, presumably, it looks like it's by the nature, then it's Patriot mythology and it's written off.
[01:35:53.200 --> 01:35:56.200]  Wait a minute. I'm not sure what you're saying.
[01:35:56.200 --> 01:36:00.200]  So by the nature, I mean, I'm trying to find this thing written down.
[01:36:00.200 --> 01:36:09.200]  Okay, no, that's not a legal principle. By the nature of the verbiage, the verbiage creates this relationship.
[01:36:09.200 --> 01:36:11.200]  Exactly.
[01:36:11.200 --> 01:36:30.200]  By the nature, I meant by the nature of the verbiage, what the words mean, and it goes to the rules of statutory construction. It means that you have a duty to the child, and that's what Debra was saying when she said you had a fiduciary duty.
[01:36:30.200 --> 01:36:40.200]  And this is saying you have a monetary duty to the child, and that's exactly what Debra was saying in just different words.
[01:36:40.200 --> 01:36:45.200]  Yeah, it definitely says that.
[01:36:45.200 --> 01:37:02.200]  And she was also saying to the fact that if I go after these people, that they could go after me by filing that child support.
[01:37:02.200 --> 01:37:10.200]  Yes, it can. And that was the thing that concerned me when I heard this, because I've seen that happen before.
[01:37:10.200 --> 01:37:24.200]  Even though you didn't know about the child, they're going to say you were the father of the child, so no doubt about that, you owed this to the child.
[01:37:24.200 --> 01:37:26.200]  Okay.
[01:37:26.200 --> 01:37:36.200]  The horror stories I've heard is the guy gets a divorce, or the man and wife separate.
[01:37:36.200 --> 01:37:41.200]  And the guy gives her money to take care of the kids the whole time.
[01:37:41.200 --> 01:37:46.200]  And this one guy, they were separated for 10 years, and he supported his kid the whole time.
[01:37:46.200 --> 01:37:57.200]  And then the wife found another boyfriend that she wanted to marry, and she got a divorce, and the lawyer told him, well, you better write it to all this back child support.
[01:37:57.200 --> 01:38:01.200]  And they went after this guy for child support for the entire time.
[01:38:01.200 --> 01:38:08.200]  And he said, well, I paid all this, you know, I supported him the whole time, of course, so they didn't care.
[01:38:08.200 --> 01:38:15.200]  It wasn't through a court ordered process, so it don't count.
[01:38:15.200 --> 01:38:31.200]  So this is a difficult situation, and they could definitely go back and ask for child support unless there's some limitation in Michigan law.
[01:38:31.200 --> 01:38:34.200]  And that's what I was given to.
[01:38:34.200 --> 01:38:45.200]  From what I looked up, there's four specific, very specific situations that is spelled out in the Michigan Compiled Laws.
[01:38:45.200 --> 01:38:53.200]  I think it's Michigan Compiled Laws 377.785 or something to that effect.
[01:38:53.200 --> 01:39:05.200]  There's, I think, it's four specific situations in which I don't fall under any of those categories in which they can ask for back child support.
[01:39:05.200 --> 01:39:06.200]  Oh, that's good.
[01:39:06.200 --> 01:39:20.200]  What I've read, and I don't fall under any of those categories, and if that was to happen, once I start going after these people,
[01:39:20.200 --> 01:39:32.200]  if they use that law to go and do something like that, the horror stories that you're talking about, would I then have a case for retaliation?
[01:39:32.200 --> 01:39:34.200]  Yeah, that's where I thought you were going.
[01:39:34.200 --> 01:39:47.200]  And I would say yes, because if they intended to collect back pay, they should have done that in the front end
[01:39:47.200 --> 01:39:53.200]  and not hold that, use that to hold you hostage.
[01:39:53.200 --> 01:39:59.200]  That since they didn't request it in the beginning, they waived it.
[01:39:59.200 --> 01:40:05.200]  Otherwise, you're put in a position to where you're being extorted.
[01:40:05.200 --> 01:40:09.200]  So I would say you would have a good claim.
[01:40:09.200 --> 01:40:15.200]  But whether or not you can win it in these courts or not, that's iffy.
[01:40:15.200 --> 01:40:18.200]  Courts are corrupt at the end of the day.
[01:40:18.200 --> 01:40:20.200]  Yes.
[01:40:20.200 --> 01:40:29.200]  So when you're in a delicate position, you really got away your options.
[01:40:29.200 --> 01:40:40.200]  I would say if they're not asking for back child support, it's dodged a bullet.
[01:40:40.200 --> 01:40:42.200]  Yep.
[01:40:42.200 --> 01:40:56.200]  Well, the whole reason for me calling you is to figure out, you know, brainstorm and figure out how can we beat these people?
[01:40:56.200 --> 01:41:00.200]  Because I'm sorry, let me go back.
[01:41:00.200 --> 01:41:13.200]  We understand that this is a supposed civil court, but they've created a civil court of a different kind when it comes to this issue, for this specific issue.
[01:41:13.200 --> 01:41:22.200]  Nobody seems to have any remedy, nobody seems to have any power, and it's all one-sided.
[01:41:22.200 --> 01:41:31.200]  Or two, I should say two-sided, I should say the state has all the power and whoever is asking for the child support has all the power.
[01:41:31.200 --> 01:41:38.200]  If you didn't ask for the child support and you don't have custody of the child, then you have no power.
[01:41:38.200 --> 01:41:45.200]  How is it that we restore some kind of balance in a court?
[01:41:45.200 --> 01:41:53.200]  To general, I'm thinking about how this circumstance stands up.
[01:41:53.200 --> 01:42:08.200]  You're considering your rights, the mother's rights, the problem always in family court is the child's rights.
[01:42:08.200 --> 01:42:18.200]  How do we balance these? We have to consider all three.
[01:42:18.200 --> 01:42:26.200]  And the courts, they're not going to care about you, they're not going to care about the mother, the only one they're going to care about is the child.
[01:42:26.200 --> 01:42:33.200]  They're going to serve the child's rights first.
[01:42:33.200 --> 01:42:45.200]  So how do you find remedy while maintaining the rights of the child?
[01:42:45.200 --> 01:42:53.200]  Well, that goes to another issue, exactly what you just said.
[01:42:53.200 --> 01:43:12.200]  On his face, and maybe not in law, but on his face, what you just said, how do we maintain the rights of the child and how do we, you know, maintain the rights of the two parties?
[01:43:12.200 --> 01:43:25.200]  Well, on his face, it appears that we have a, and who is going to be the referee? Who is going to do this? Who's going to be the authority here?
[01:43:25.200 --> 01:43:34.200]  Is the creator of the child going to be the authority? Is the state going to be the authority over the parents?
[01:43:34.200 --> 01:43:50.200]  Is the state going to be the authority over the child and the parent? If that is the case, then the state is claiming to be the guardian of the parent and the child.
[01:43:50.200 --> 01:44:00.200]  That's kind of a general. Hang on, about to go to break. Randy Kelton, we'll go to the radio, we'll be right back.
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[01:46:18.200 --> 01:46:26.200]  Okay, we are back. Randy Kelton of Rule of Law Radio and Charles, you posed an interesting question.
[01:46:26.200 --> 01:46:36.200]  And over the break, I was struggling with that. I knew something was wrong in there, but I couldn't quite put my finger on it.
[01:46:36.200 --> 01:46:48.200]  And what I see would finally kind of come out of that. There's only one party here who has no duty involved, and that's the child.
[01:46:48.200 --> 01:46:56.200]  The child only has rights and no duty. The mother has rights and a duty.
[01:46:56.200 --> 01:47:08.200]  You have a duty to provide support. You have rights and a duty, which include the duty as a duty to support.
[01:47:08.200 --> 01:47:14.200]  So the only one who doesn't have any duty is the child.
[01:47:14.200 --> 01:47:28.200]  The mother is providing support, but you're not providing support. So in being required to provide support, how would you be wronged?
[01:47:28.200 --> 01:47:38.200]  When the statute requires you to, the only issue that I see is you're not in the state of Michigan.
[01:47:38.200 --> 01:47:47.200]  So regardless of what your duty might be, according to the state of Michigan, don't make any difference if you're not in the state of Michigan.
[01:47:47.200 --> 01:47:55.200]  How do they get to you outside the state? There has to be a long-arm statute.
[01:47:55.200 --> 01:47:59.200]  Well, it was an interstate contract.
[01:47:59.200 --> 01:48:07.200]  Is there one? Are you aware of one? For child support?
[01:48:07.200 --> 01:48:14.200]  Again, I didn't look at that issue when I started doing the research, but I can do that and get back to you.
[01:48:14.200 --> 01:48:36.200]  Yeah, I'm betting that's where they're going to get you. They're going to have a long-arm statute, and it's going to be a compact with all the states where they all agree to allow one state to reach into their state to pull their citizens in this limited circumstance.
[01:48:36.200 --> 01:48:51.200]  And there is another issue, even though they ran that right into the ground and they act like that's not even there, but the United States Constitution that you actually can't do that.
[01:48:51.200 --> 01:49:00.200]  But I've seen case after case law after case law after case law where it has been ruled that it's okay for them to do it whenever they want to do it.
[01:49:00.200 --> 01:49:08.200]  So it's there in the Constitution, but for what?
[01:49:08.200 --> 01:49:26.200]  So the Supreme has ruled that a state can agree to allow another state to enter its territory.
[01:49:26.200 --> 01:49:32.200]  And it's not preemption if it's by agreement. Is that what you're saying?
[01:49:32.200 --> 01:49:34.200]  Yes.
[01:49:34.200 --> 01:49:45.200]  And your argument is that the Constitution forbids it, so the legislature has no power to breach the Constitution.
[01:49:45.200 --> 01:49:48.200]  Yes.
[01:49:48.200 --> 01:49:54.200]  Sounds like a reasonable argument.
[01:49:54.200 --> 01:50:04.200]  And after them with a constitutional violation, I'm going to bet there's already case law on that and it's already been ruled against you, but check.
[01:50:04.200 --> 01:50:08.200]  Or they wouldn't be doing this so freely.
[01:50:08.200 --> 01:50:21.200]  Yeah. Well, they do it with the driver's license, just like you said, the interstate compact, they do that, and they do that, but I'm going to definitely check.
[01:50:21.200 --> 01:50:23.200]  Yeah, I'm going to bet there is one.
[01:50:23.200 --> 01:50:27.200]  Okay, we do need to move along. We've still got a full board of callers.
[01:50:27.200 --> 01:50:31.200]  Thank you, Charles, and keep us up to date.
[01:50:31.200 --> 01:50:33.200]  We'll do. Thank you very much.
[01:50:33.200 --> 01:50:39.200]  Okay, now we're going to go to Jermaine in Alabama. Hello, Jermaine.
[01:50:39.200 --> 01:50:41.200]  Hey, what's up, Randy?
[01:50:41.200 --> 01:50:45.200]  What do you have for us today?
[01:50:45.200 --> 01:50:53.200]  I called yesterday and we're talking, so I'm going to call back today because you said my situation was a little bit too complicated.
[01:50:53.200 --> 01:51:00.200]  Yeah, we were close to the end, so give us a synopsis of your situation.
[01:51:00.200 --> 01:51:19.200]  All right, we're talking in the past. I was telling you about the situation where I was driving and I got a citation. I was actually arrested in a citation in Kentucky because the officers said I was driving too fast for conditions.
[01:51:19.200 --> 01:51:36.200]  And I told you I had filed a challenge to jurisdiction and they never responded. You sent me that paper saying that they admitted judicial admission when they failed to respond.
[01:51:36.200 --> 01:51:51.200]  Well, instead of the court ever sending anything back to me, they petitioned the state of Tennessee. I guess just what you and Charles was talking about, I guess, for a long-term statute interstate contract.
[01:51:51.200 --> 01:52:03.200]  Okay, hold on, hold on. Remember when I said there were three states that did not sign it? Tennessee was one of them.
[01:52:03.200 --> 01:52:12.200]  Really? Tennessee does not participate in interstate combat in the license compact.
[01:52:12.200 --> 01:52:35.200]  Okay, that is some good information to know. So when I got a letter from the Department of Homeland Security Financial Responsibility Department saying that I had to satisfy a ticket in Kentucky and you told me, you said,
[01:52:35.200 --> 01:52:46.200]  respond to the letter no matter what you put, respond to it, make sure I meet the deadline and if they suspend my license after that, then they will be in violation.
[01:52:46.200 --> 01:53:08.200]  So when I did that, I sent them a letter saying that, hey, their situation was new because they were bringing up a situation that was still pending in Kentucky and I asked them if they are in receipt of a judgment, please forward that to me so I can properly respond to that letter
[01:53:08.200 --> 01:53:32.200]  and send an agent name or ID with their future response. Well, they sent nothing to me and they just decided to go ahead and suspend my license and when you look it up, Charles' suspension is still, it says, a pending situation out of Kentucky.
[01:53:32.200 --> 01:53:45.200]  No judgment, but they suspended it. Then who suspended it? Is there a name on a document? No, no name. I asked them to send me a name on the document, no name.
[01:53:45.200 --> 01:53:57.200]  Then who's the director of the agency? That's what I need to find out. Find out who the head of the agency is and file criminally against him.
[01:53:57.200 --> 01:54:02.200]  Okay. No, when I file criminally, what would I be?
[01:54:02.200 --> 01:54:19.200]  Official misconduct, exerting or purporting to exerting the authority you do not express to have. In the process, denied uniform free access to enjoyment, right? I don't have the statute number for Tennessee in my head, but I have read it. You absolutely have it.
[01:54:19.200 --> 01:54:23.200]  I know. I know exactly the statute in Tennessee. I've read it too.
[01:54:23.200 --> 01:54:32.200]  This is how you handle public officials who exert or purport to exert an authority they don't have.
[01:54:32.200 --> 01:54:47.200]  And you take that complaint against the director as respond to yet superior to a local grand jury and you start running the routine on the local grand jury or the local officials who try to shield them.
[01:54:47.200 --> 01:54:53.200]  Okay. That's going to make the director unhappy.
[01:54:53.200 --> 01:55:03.200]  Okay, cool. That's a magic question. Is all what you're telling me is this kind of somewhat in your ebook too?
[01:55:03.200 --> 01:55:16.200]  No, not exactly. In the ebook, I talk about running the routine. I don't speak to Tennessee at all, but I do talk about how to run the routine.
[01:55:16.200 --> 01:55:23.200]  Mostly in the ebook, I frame a way of thinking about law.
[01:55:23.200 --> 01:55:36.200]  Primarily, I'm trying to get people to get past this expectation that you will win your case simply because you have the law and the facts on your side.
[01:55:36.200 --> 01:55:38.200]  It's just not true.
[01:55:38.200 --> 01:55:57.200]  You win your case if you have the politics on your side and most of what is in the ebook is how to understand the difference between what they're supposed to do, what they do do, and how politics influences everything they do.
[01:55:57.200 --> 01:56:04.200]  When I say everything is political, at first people are kind of horrified by that idea.
[01:56:04.200 --> 01:56:16.200]  But once you understand how the politics works, you actually have more leverage politically than you do with the law.
[01:56:16.200 --> 01:56:25.200]  So you have remedy you can bring to bear just not the way you would think it is.
[01:56:25.200 --> 01:56:36.200]  You have remedy in politics, and that's mostly what that goes to. I do talk about the routine because the routine we run on creates lots of politics.
[01:56:36.200 --> 01:56:40.200]  People say, well, I found a criminal complaint and they didn't do anything.
[01:56:40.200 --> 01:56:48.200]  And I'm saying, good, good, good, good, good, good. Don't get upset. Don't feel like you've been mistreated. That's what you want.
[01:56:48.200 --> 01:56:54.200]  Because the one who didn't, you went in there so you could set up the one who didn't do anything.
[01:56:54.200 --> 01:57:05.200]  And you start going after him. That's why I say you go to the judge and ask the judge to issue a warrant and the judge refuses and tells you, oh, wallah, you need to go to the sheriff's department.
[01:57:05.200 --> 01:57:11.200]  And I say, OK, well, thank you very much. You're the sheriff's department, following instead of the judge.
[01:57:11.200 --> 01:57:21.200]  And he's going to say, what? I didn't even know that guy was upset. Oh, the guy wasn't upset. He was setting you up. He was happy.
[01:57:21.200 --> 01:57:29.200]  And once they realize you're set them up, now you've got to shut it remedy. Does that make sense?
[01:57:29.200 --> 01:57:47.200]  Yeah, it definitely makes sense. But my next thing is, when we was talking about doing a declaratory judgment, if I wanted to, could I move for a declaratory judgment to get, after I do the criminal complaint,
[01:57:47.200 --> 01:58:05.200]  to get them to make the court force them to reinstate where you would have to get a declaratory judgment. If you wanted the state to be forced to reinstate, what would you have to prove?
[01:58:05.200 --> 01:58:27.200]  I will have to prove that one, that they, I will. Hang on. We're about to go to break. Think about that. Because when we go to declaratory judgment, then we will ask the court to make a ruling on point of law that will go exactly to what you have to prove.
[01:58:27.200 --> 01:58:50.200]  Now you come into court with that already proven by Mr. Ducata. Hang on, Randy Kelton. Prove law radio. We'll be right back.
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