ROL_2018-07-20_16k_Hr3-4.timecode

[00:00.000 --> 00:29.640]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce.
[00:29.640 --> 00:32.000]  Silver $16.68 an ounce.
[00:32.000 --> 00:35.080]  Texas Crude $65.51 a barrel.
[00:35.080 --> 00:38.360]  Bitcoin $6,902.19.
[00:38.360 --> 00:41.240]  Ethereum $420.80.
[00:41.240 --> 00:44.200]  Bitcoin Cash $652.90.
[00:44.200 --> 00:55.680]  And finally Litecoins $114.34 a cryptocoin.
[00:55.680 --> 00:58.880]  Today in history, the year 1968.
[00:58.880 --> 01:02.920]  President Lyndon B. Johnson signs the Civil Rights Act of 1968,
[01:02.920 --> 01:04.560]  which prohibited private businesses
[01:04.560 --> 01:07.280]  from discriminating based on race, color, religion, sex,
[01:07.280 --> 01:08.880]  or national origin.
[01:08.880 --> 01:10.760]  It also prohibited unequal application
[01:10.760 --> 01:13.600]  of voter registration requirements, racial segregation
[01:13.600 --> 01:15.680]  in public schools, and employment,
[01:15.680 --> 01:18.520]  and public accommodations for places of business.
[01:18.520 --> 01:19.320]  Today in history.
[01:24.240 --> 01:26.360]  In recent news, tensions in Syria seem
[01:26.360 --> 01:28.480]  to reach new levels after a chemical attack
[01:28.480 --> 01:31.160]  on civilians in the city of Douma, which left 40 dead
[01:31.160 --> 01:32.760]  and many injured, an attack which
[01:32.760 --> 01:34.920]  is being blamed on the democratically elected president
[01:34.920 --> 01:38.680]  of Syria, Bashar al-Assad, by the United States and on Israel
[01:38.680 --> 01:40.880]  by Russia, either accusatory narrative
[01:40.880 --> 01:43.520]  without any verified evidence as of yet.
[01:43.520 --> 01:45.240]  President Trump tweeted today Wednesday
[01:45.240 --> 01:48.280]  that if, quote, Russia vows to shoot down any and all missiles
[01:48.280 --> 01:50.400]  fired at Syria, get ready, Russia,
[01:50.400 --> 01:53.240]  because they will be coming in nice and new and smart.
[01:53.240 --> 01:55.560]  Going on to warn Russia that you shouldn't be partners
[01:55.560 --> 01:58.400]  with a gas-killing animal who kills his people and enjoys
[01:58.400 --> 02:00.760]  it, many in the West, including President Trump,
[02:00.760 --> 02:04.240]  have been quick to conclude that this chemical attack must
[02:04.240 --> 02:07.040]  have been conducted by Assad and his forces.
[02:07.040 --> 02:08.560]  Syria and Russia, on the other hand,
[02:08.560 --> 02:10.720]  have given approval since yesterday
[02:10.720 --> 02:13.520]  for the organization for the prohibition of chemical weapons
[02:13.520 --> 02:16.160]  to investigate the side of the chemical slaughter.
[02:16.160 --> 02:17.840]  Assad has been successful in maintaining
[02:17.840 --> 02:20.840]  rule and support during Syria's seven-year civil war,
[02:20.840 --> 02:23.360]  a civil war that is being fought by the government of Syria
[02:23.360 --> 02:26.200]  and anti-Assad Syrian rebels that are openly
[02:26.200 --> 02:28.200]  being funded by Western governments,
[02:28.200 --> 02:30.760]  with ISIS being one of the more notorious splinter groups
[02:30.760 --> 02:33.080]  of the American-backed Syrian rebels.
[02:33.080 --> 02:36.400]  No surprise then why Russian Foreign Minister Spokeswoman
[02:36.400 --> 02:39.640]  Maria Zakoba posted on Facebook that smart missiles should
[02:39.640 --> 02:42.760]  be fired at terrorists and not at a legitimate government,
[02:42.760 --> 02:45.000]  which has been fighting terrorists.
[02:45.000 --> 02:46.840]  Or is this a trick to destroy all traces
[02:46.840 --> 02:48.360]  with a smart missile strike?
[02:48.360 --> 02:50.560]  And then there will be no evidence for international
[02:50.560 --> 02:53.960]  inspectors to look at.
[02:53.960 --> 03:01.320]  This was Frick Rody with your lowdown for April 11, 2018.
[03:01.320 --> 03:13.840]  OK, we are back.
[03:13.840 --> 03:18.000]  Randy Kelton, Rue Vleu Radio, on this Friday, the 20th
[03:18.000 --> 03:20.960]  of the day of July, 2018.
[03:20.960 --> 03:23.560]  And we're talking to Christian in Texas.
[03:23.560 --> 03:26.600]  OK, go ahead, Christian.
[03:26.600 --> 03:31.400]  Yes, so it was a park curfew.
[03:31.400 --> 03:34.320]  I actually fell asleep on my car.
[03:34.320 --> 03:40.840]  OK, send me an email, randierruveleuradio.com.
[03:40.840 --> 03:43.680]  And I will send you a document.
[03:43.680 --> 03:46.000]  You may have to cut it down.
[03:46.000 --> 03:47.800]  The first part of this document, this
[03:47.800 --> 03:53.520]  is a document I prepared for Tim on his issue
[03:53.520 --> 03:58.440]  in Newark, Texas, over junk vehicles.
[03:58.440 --> 04:02.960]  And the first part of this is a declaratory judgment
[04:02.960 --> 04:08.160]  petition, where we challenge the constitutionality
[04:08.160 --> 04:11.360]  of the application of the municipal ordinance.
[04:14.360 --> 04:18.160]  That would be great fun.
[04:18.160 --> 04:24.160]  Well, that's what we're going to use, any trucker.
[04:24.160 --> 04:25.440]  Wayne, you're breaking up there.
[04:25.440 --> 04:26.720]  I have a total understanding of this.
[04:26.720 --> 04:27.680]  Can you say that again?
[04:27.680 --> 04:28.180]  Hello.
[04:28.180 --> 04:29.320]  Can you hear me?
[04:29.320 --> 04:32.880]  I use declaratory questions on this legal blog
[04:32.880 --> 04:37.680]  about the challenging of the actual court.
[04:37.680 --> 04:39.640]  It's not an interrogatory.
[04:39.640 --> 04:43.600]  It's a petition for declaratory judgment.
[04:43.600 --> 04:44.880]  OK, can I use both of them?
[04:44.880 --> 04:47.120]  Because that's what I was planning on doing.
[04:47.120 --> 04:50.920]  Wait a minute, inarrogatories, that's discovery.
[04:50.920 --> 04:54.120]  Yeah, I have a discovery hearing on the 30th.
[04:54.120 --> 04:55.760]  Oh, wonderful.
[04:55.760 --> 05:02.080]  Then they actually gave a discovery.
[05:02.080 --> 05:04.600]  What municipality is this?
[05:04.600 --> 05:07.080]  This is a grand prairie.
[05:07.080 --> 05:07.960]  Oh, grand prairie.
[05:07.960 --> 05:10.280]  OK, OK.
[05:10.280 --> 05:11.880]  I know that area.
[05:11.880 --> 05:17.760]  Let's see, if you haven't been before a grand jury,
[05:17.760 --> 05:22.200]  I mean, a grand prairie municipal court.
[05:22.200 --> 05:25.440]  OK, so they gave you discovery hearing.
[05:25.440 --> 05:26.480]  Wonderful.
[05:26.480 --> 05:29.640]  Have you filed for admissions?
[05:35.920 --> 05:37.520]  Is there?
[05:37.520 --> 05:41.240]  Ooh, looks like we may have dropped him.
[05:41.240 --> 05:43.720]  OK, maybe a call back in.
[05:43.720 --> 05:46.120]  We had two callers on and dropped both of them.
[05:46.120 --> 05:50.200]  If you were on and you dropped, call back in.
[05:50.200 --> 05:53.800]  I'm running the board, so there's not much I can do
[05:53.800 --> 05:58.280]  if we're having an issue with the board.
[05:58.280 --> 06:02.040]  Let me go, OK, there we go.
[06:02.040 --> 06:05.600]  Let's see, let's try this again.
[06:05.600 --> 06:10.400]  OK, for some reason, there we go.
[06:10.400 --> 06:13.240]  I'm having trouble unmuting you, for some reason.
[06:13.240 --> 06:17.000]  My board is acting strange at the moment.
[06:17.000 --> 06:19.120]  OK, go ahead, Christian.
[06:19.120 --> 06:22.960]  Interrogators, what were the nature of the interrogators?
[06:22.960 --> 06:25.720]  It was to challenge the municipality laws
[06:25.720 --> 06:27.360]  as not being actual laws.
[06:30.080 --> 06:35.720]  Oh, then you definitely want this constitutional challenge.
[06:35.720 --> 06:40.720]  Did you get that challenge from Eddie?
[06:40.720 --> 06:46.800]  Yeah, he has an article on his blog about him.
[06:46.800 --> 06:53.240]  OK, well, I have a constitutional challenge,
[06:53.240 --> 06:56.920]  but then I stole it from Eddie.
[06:56.920 --> 07:00.800]  I didn't steal it, I plagiarized it.
[07:00.800 --> 07:04.320]  Actually, we talked about it.
[07:04.320 --> 07:06.960]  This is his argument in here.
[07:06.960 --> 07:11.400]  You need to file, get this, send me an email,
[07:11.400 --> 07:13.400]  I'll break it down, I'll take out all the stuff
[07:13.400 --> 07:15.040]  that doesn't apply.
[07:15.040 --> 07:19.680]  And you file this as a constitutional challenge
[07:19.680 --> 07:23.240]  and it goes to subject matter jurisdiction.
[07:23.240 --> 07:25.600]  So everything stops.
[07:25.600 --> 07:27.600]  They have to hear the subject matter jurisdiction
[07:27.600 --> 07:29.760]  because it's threshold.
[07:29.760 --> 07:30.640]  Right.
[07:30.640 --> 07:33.400]  Is that in the discovery period?
[07:33.400 --> 07:36.800]  Or is that just a challenge to file it?
[07:36.800 --> 07:41.240]  Now, the court, you're still in the same place.
[07:41.240 --> 07:47.120]  Now you've focused the challenge.
[07:47.120 --> 07:49.040]  You're saying that the challenge goes
[07:49.040 --> 07:51.200]  to the subject matter jurisdiction of the court
[07:51.200 --> 07:56.760]  because you're saying that the legislature had no power
[07:56.760 --> 08:00.920]  to delegate their authority to right law.
[08:00.920 --> 08:07.680]  And if the municipality wrote municipal ordinances
[08:07.680 --> 08:13.720]  and if those municipal ordinances are applied to people
[08:13.720 --> 08:19.960]  who are in contractual privity with the city,
[08:19.960 --> 08:23.680]  then they can apply to the corporation
[08:23.680 --> 08:27.360]  or employees of the corporation
[08:27.360 --> 08:29.760]  or people in contract with the corporation.
[08:29.760 --> 08:31.400]  And you're none of those.
[08:31.400 --> 08:36.080]  If they attempt to apply these ordinances
[08:36.080 --> 08:40.520]  to the general public, then they're treated as law
[08:40.520 --> 08:42.920]  and the legislature has no power
[08:42.920 --> 08:46.320]  to delegate its lawmaking authority.
[08:46.320 --> 08:51.240]  Now, the legislature could have legislated a set
[08:51.240 --> 08:56.880]  of municipal ordinances, but they didn't.
[08:56.880 --> 08:59.400]  They purported to allow the municipality
[08:59.400 --> 09:01.800]  to create their own ordinances.
[09:01.800 --> 09:05.880]  And while the municipality could create ordinances
[09:05.880 --> 09:08.880]  that only apply to the corporation,
[09:08.880 --> 09:11.840]  if they try to apply those ordinances to the general public,
[09:11.840 --> 09:13.640]  then those ordinances are law
[09:13.640 --> 09:16.760]  and we're arguing the legislature had no power
[09:16.760 --> 09:19.120]  to delegate that authority.
[09:19.120 --> 09:21.560]  You probably already know this, I was going through this
[09:21.560 --> 09:25.800]  for everybody else, so then understand what this argument is.
[09:25.800 --> 09:30.600]  I'm not talking about what happened during that.
[09:30.600 --> 09:34.320]  You know, so, you know, I'm used to dealing with this stuff,
[09:34.320 --> 09:35.880]  like traffic, stuff like that.
[09:35.880 --> 09:39.360]  So I was in my car, you know, he tapped on the window,
[09:39.360 --> 09:41.960]  I rolled it down, just like a little crack.
[09:41.960 --> 09:44.320]  And then, you know, he was asking me to, you know,
[09:44.320 --> 09:46.600]  roll down further, you know, I didn't want to.
[09:46.600 --> 09:48.880]  I told him it was for my safety.
[09:48.880 --> 09:50.320]  Like, you know, I gave him the whole thing
[09:50.320 --> 09:53.760]  and then I was trying to make it more comfortable
[09:53.760 --> 09:58.800]  by turning on my lights, but I was turning the car on
[09:58.800 --> 10:00.920]  because I forgot you could just turn your lights on
[10:00.920 --> 10:02.720]  without the car being on.
[10:02.720 --> 10:06.760]  And he pulled out his taser, he said he was going to taze me.
[10:06.760 --> 10:09.720]  And he said open the door and he, you know,
[10:09.720 --> 10:12.080]  so I'm like, you know, he's threatening me.
[10:12.080 --> 10:15.160]  And so under duress, you know, I opened the door
[10:15.160 --> 10:17.320]  and he pulled it, so he swings the door right open,
[10:17.320 --> 10:20.640]  he puts the taser, you know, and the vicinity pointed at me
[10:20.640 --> 10:25.760]  and he starts, you know, getting real aggressive with me.
[10:25.760 --> 10:28.800]  Charge him with aggravated assault.
[10:28.800 --> 10:30.920]  Okay.
[10:30.920 --> 10:35.680]  Let him explain that aggressive behavior.
[10:35.680 --> 10:38.440]  He assaulted you with a deadly weapon.
[10:38.440 --> 10:40.600]  All right, and I was trying to explain to him, I was like,
[10:40.600 --> 10:42.480]  you know, I'm just trying to make you feel more comfortable.
[10:42.480 --> 10:45.960]  I didn't, you know, and he took the, me turning on my car,
[10:45.960 --> 10:51.040]  I was trying to escape from him though.
[10:51.040 --> 10:54.920]  Did you, okay, anytime I get an officer that's in any way
[10:54.920 --> 10:59.640]  aggressive, I call 911 immediately.
[10:59.640 --> 11:03.160]  This has a tendency to calm them down.
[11:03.160 --> 11:06.320]  The last ticket I got, I was heading up to Tennessee
[11:06.320 --> 11:09.080]  and I was in Cumbie, Texas.
[11:09.080 --> 11:12.960]  And he said, oh, you were weaving in now, you were speeding,
[11:12.960 --> 11:16.200]  you didn't use your blinker, blah, blah, blah, blah.
[11:16.200 --> 11:17.880]  I said, okay, so I guess you want to write me tickets
[11:17.880 --> 11:19.320]  for all of those.
[11:19.320 --> 11:20.800]  Well, I will if I have to.
[11:20.800 --> 11:22.560]  I said, what used you ever want to?
[11:22.560 --> 11:26.040]  And he kept getting more agitated and I took out my phone.
[11:26.040 --> 11:28.160]  I need you to put that phone down while I'm talking to you.
[11:28.160 --> 11:32.000]  I said, no, I need to call 911 because you're getting
[11:32.000 --> 11:33.920]  agitated and you're wearing a gun.
[11:33.920 --> 11:38.480]  I need to get someone out here to get you under control.
[11:38.480 --> 11:41.680]  He took a real deep breath and he said to Mr. Kelton,
[11:41.680 --> 11:43.920]  that won't be necessary.
[11:43.920 --> 11:46.960]  Then he calmed down, I didn't have any more problem with him.
[11:46.960 --> 11:49.520]  I get an officer, get aggressive with me,
[11:49.520 --> 11:51.360]  I call 911 immediately.
[11:52.880 --> 11:56.800]  You get someone else out there that you've called,
[11:56.800 --> 12:01.800]  now you're the victim and you want him to arrest this guy.
[12:02.040 --> 12:04.480]  And he don't want to arrest this guy.
[12:04.480 --> 12:06.920]  If he gets, is the one you called this aggression,
[12:06.920 --> 12:08.640]  when you call 911 again,
[12:08.640 --> 12:13.640]  you have pretty well spoiled their milk.
[12:15.920 --> 12:18.120]  But generally when I call 911 the first time,
[12:18.120 --> 12:23.120]  then the officer gathers up his professionalism
[12:23.160 --> 12:25.560]  and forgets that macho garbage.
[12:27.320 --> 12:29.400]  Just to have a tendency to escalate.
[12:30.400 --> 12:32.720]  And if I get one that has a tendency to escalate,
[12:32.720 --> 12:34.440]  I consider my life at risk.
[12:34.440 --> 12:39.440]  And a taser is a deadly weapon, make no mistake about it.
[12:41.000 --> 12:41.840]  Oh yeah.
[12:42.680 --> 12:45.560]  So, as far as you're concerned,
[12:46.520 --> 12:48.400]  he committed aggravated assault.
[12:49.600 --> 12:52.200]  The fact that he's terrified,
[12:52.200 --> 12:55.520]  his problem, not your problem, if he is so terrified,
[12:55.520 --> 12:57.880]  he needs to be out there picking up dead cats
[12:57.880 --> 12:59.840]  and skunks off the highway
[12:59.840 --> 13:02.840]  and not threatening good people with deadly weapons.
[13:02.840 --> 13:04.920]  All right.
[13:04.920 --> 13:06.760]  And I've done that in court several times
[13:06.760 --> 13:10.440]  and that is great fun to do to an officer in court.
[13:14.280 --> 13:16.960]  Is there any other thing that you could ask
[13:16.960 --> 13:18.200]  if on Discovery?
[13:19.600 --> 13:21.880]  What did you ask in Discovery?
[13:22.760 --> 13:25.920]  Well, I haven't asked, you know, I had it on the 30th,
[13:25.920 --> 13:27.400]  but I was just starting now.
[13:27.400 --> 13:30.240]  Whoa, whoa, have you not filed for Discovery?
[13:30.240 --> 13:31.720]  No, I have not.
[13:31.720 --> 13:34.920]  Okay, go to trafficticket.website.
[13:36.480 --> 13:40.760]  Fill in the information from the ordinance violation,
[13:40.760 --> 13:44.240]  it'll drop you down a whole stack of documentation.
[13:44.240 --> 13:47.840]  In there, you'll find a Discovery motion, a Brady motion.
[13:49.320 --> 13:51.640]  You'll find an Illumini motion, file both of those.
[13:51.640 --> 13:55.080]  You'll find a special appearance.
[13:55.080 --> 13:56.600]  Though you find a lot of documents
[13:56.600 --> 13:58.440]  that don't go to traffic, they go,
[13:58.440 --> 14:00.320]  do you find a mother Hubbard motion?
[14:01.320 --> 14:03.120]  File all those with the court.
[14:05.200 --> 14:07.480]  When you do the, when you fill in the information
[14:07.480 --> 14:11.160]  on the traffic ticket site from the ordinance,
[14:11.160 --> 14:13.760]  it'll treat the ordinance the same as a traffic ticket.
[14:13.760 --> 14:17.000]  It will completely write these documents for you.
[14:17.000 --> 14:19.000]  So you have to do a sign them and send them.
[14:20.000 --> 14:20.840]  Right.
[14:22.200 --> 14:24.320]  So it doesn't have the
[14:24.320 --> 14:26.520]  constitutional challenge in there.
[14:26.520 --> 14:28.400]  I'll have to send that to you separate.
[14:29.400 --> 14:31.280]  But go to trafficticket.website
[14:31.280 --> 14:33.040]  and download all those documents.
[14:34.040 --> 14:37.160]  And all of the documents that do not address traffic
[14:37.160 --> 14:39.920]  specifically, file those.
[14:40.920 --> 14:43.520]  There's one, the preservation of rights,
[14:43.520 --> 14:45.360]  right to an examining trial.
[14:47.160 --> 14:49.360]  Special appearance, special appearance
[14:49.360 --> 14:51.160]  is the subject manager's jurisdiction.
[14:51.160 --> 14:55.080]  Special appearance is the subject manager's jurisdiction challenge.
[14:58.160 --> 15:00.800]  Not the subject manager's jurisdiction.
[15:00.800 --> 15:02.360]  There's a challenge subject manager's jurisdiction,
[15:02.360 --> 15:04.280]  but that goes to traffic.
[15:04.280 --> 15:07.560]  The Brady motion, motion and lemony.
[15:07.560 --> 15:09.960]  Motion and lemony is all the questions
[15:09.960 --> 15:11.400]  they can't ask you in court.
[15:15.400 --> 15:18.360]  What you wanna do is get them to ignore these pleadings
[15:18.360 --> 15:21.320]  or just deny them out of hand.
[15:21.320 --> 15:24.160]  And that gives you things you can go in after them for.
[15:26.200 --> 15:31.120]  Did you hear me talking to the previous caller?
[15:31.120 --> 15:32.440]  I did, mm-hmm.
[15:32.440 --> 15:33.280]  Okay.
[15:33.280 --> 15:38.280]  All of those things that are in these motions
[15:38.320 --> 15:40.200]  that they don't respond to,
[15:41.240 --> 15:45.240]  then they give judicial admission for.
[15:45.240 --> 15:48.560]  But then they can't come into court and argue them.
[15:48.560 --> 15:51.600]  Now, this is just a municipal ordinance violation.
[15:51.600 --> 15:53.680]  They're not gonna waste a lot of attorney time
[15:53.680 --> 15:55.840]  responding to all these pleadings.
[15:55.840 --> 15:57.720]  So wonderful, set them up.
[15:59.720 --> 16:03.280]  What you'd go after them for will have nothing to do
[16:03.280 --> 16:04.440]  with the case itself.
[16:04.440 --> 16:07.400]  It'll have to do with their behavior
[16:07.400 --> 16:09.400]  in the process of the prosecution.
[16:09.400 --> 16:13.720]  That they won't see coming.
[16:13.720 --> 16:17.600]  Then you wind up filing criminal charges
[16:17.600 --> 16:19.440]  against the judge and the prosecutor
[16:19.440 --> 16:21.480]  and bar grievances against both of them.
[16:22.680 --> 16:25.160]  They're only down here groving for dollars
[16:25.160 --> 16:27.200]  and this will cost them a fortune.
[16:27.200 --> 16:29.160]  Hang on, we're about to go to break.
[16:29.160 --> 16:30.800]  Randy Kelton rules our radio.
[16:30.800 --> 16:33.800]  We do have open spots on our call board.
[16:33.800 --> 16:38.000]  Our call in number 512-646-1984.
[16:38.000 --> 16:40.680]  If you have a question or comment, give us a call.
[16:40.680 --> 16:41.800]  We'll be right back.
[17:00.480 --> 17:03.000]  It's the 2018 Logos Radio Network
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[17:05.440 --> 17:08.120]  sponsored by Central Texas Gun Works.
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[17:57.360 --> 17:59.520]  Are you being harassed by debt collectors
[17:59.520 --> 18:02.400]  with phone calls, letters, or even losses?
[18:02.400 --> 18:06.200]  Stop debt collectors now with the Michael Mears proven method.
[18:06.200 --> 18:09.520]  Michael Mears has won six cases in federal court against debt
[18:09.520 --> 18:11.800]  collectors, and now you can win two.
[18:11.800 --> 18:14.560]  You'll get step-by-step instructions in plain English
[18:14.560 --> 18:17.160]  on how to win in court using federal civil rights
[18:17.160 --> 18:20.600]  statutes, what to do when contacted by phones, mail,
[18:20.600 --> 18:23.760]  or court summons, how to answer letters and phone calls,
[18:23.760 --> 18:26.360]  how to get debt collectors out of your credit reports,
[18:26.360 --> 18:28.320]  how to turn the financial tables on them
[18:28.320 --> 18:31.040]  and make them pay you to go away.
[18:31.040 --> 18:33.960]  The Michael Mears proven method is the solution
[18:33.960 --> 18:35.880]  for how to stop debt collectors.
[18:35.880 --> 18:38.280]  Personal consultation is available as well.
[18:38.280 --> 18:41.720]  For more information, please visit ruleoflawradio.com
[18:41.720 --> 18:43.960]  and click on the blue Michael Mears banner,
[18:43.960 --> 18:46.760]  or email MichaelMears at yahoo.com.
[18:46.760 --> 18:53.440]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s
[18:53.440 --> 18:58.120]  at yahoo.com to learn how to stop debt collectors now.
[18:58.120 --> 19:02.120]  You are listening to the Logos Radio Network,
[19:02.120 --> 19:05.120]  the Logos Radio Network.com.
[19:09.120 --> 19:11.120]  Well, don't let nothing get to you.
[19:11.120 --> 19:14.120]  Only the father can do it by you.
[19:14.120 --> 19:17.120]  And don't let bad-mine people hurt you
[19:17.120 --> 19:20.120]  until they can get behind you.
[19:20.120 --> 19:22.120]  You know what I mean?
[19:22.120 --> 19:26.120]  My friend, now I've got you to the court.
[19:26.120 --> 19:28.120]  Okay, we are back.
[19:28.120 --> 19:30.120]  Randy Kelton, the rule of law radio,
[19:30.120 --> 19:34.120]  and we're talking to Christian in Texas.
[19:34.120 --> 19:36.120]  Okay, Christian.
[19:36.120 --> 19:38.120]  Yeah, go to those, get all those documents.
[19:38.120 --> 19:41.120]  Now, when you go to the site and you fill it in,
[19:41.120 --> 19:43.120]  this does not lead capture,
[19:43.120 --> 19:46.120]  so it doesn't retain any of your information.
[19:46.120 --> 19:48.120]  So once you hit submit,
[19:48.120 --> 19:50.120]  it'll give you a page with all these documents.
[19:50.120 --> 19:52.120]  Download all of them.
[19:52.120 --> 19:54.120]  If you click off the page before you download all of them,
[19:54.120 --> 19:56.120]  you'll forget everything.
[19:56.120 --> 20:00.120]  You'll have to put the original information back in again.
[20:00.120 --> 20:03.120]  And then if you have any questions on any of the documents,
[20:03.120 --> 20:06.120]  just send me an email.
[20:06.120 --> 20:09.120]  Randy at ruleoflawradio.com.
[20:09.120 --> 20:12.120]  And I'll look at the list and explain which ones to file
[20:12.120 --> 20:14.120]  and which ones not to.
[20:14.120 --> 20:15.120]  Okay.
[20:15.120 --> 20:17.120]  Then you get all those filed,
[20:17.120 --> 20:20.120]  and they will pretty much ignore them.
[20:20.120 --> 20:23.120]  And that's what we want them to do
[20:23.120 --> 20:26.120]  because that's setting them up.
[20:26.120 --> 20:29.120]  And I will send me the email,
[20:29.120 --> 20:31.120]  ask me for my constitutional challenge,
[20:31.120 --> 20:34.120]  and I will strip it out of the document.
[20:34.120 --> 20:37.120]  I have it in and send that to you.
[20:37.120 --> 20:38.120]  Okay.
[20:38.120 --> 20:42.120]  Do I need to set up a hearing for those motions or no?
[20:42.120 --> 20:43.120]  No.
[20:43.120 --> 20:46.120]  Is it going to have a hearing of any kind?
[20:46.120 --> 20:52.120]  They'll have to hear the constitutional challenge first.
[20:52.120 --> 20:55.120]  So that one's the threshold.
[20:55.120 --> 21:01.120]  The subject matter jurisdiction is presumed until it's challenged.
[21:01.120 --> 21:03.120]  Once it's challenged,
[21:03.120 --> 21:08.120]  it is the duty of the court to prove up jurisdiction.
[21:08.120 --> 21:10.120]  It's not the duty of the prosecutors,
[21:10.120 --> 21:13.120]  it's the duty of the court itself.
[21:13.120 --> 21:17.120]  And what they're likely to do is see the prosecutor,
[21:17.120 --> 21:19.120]  he works all day,
[21:19.120 --> 21:22.120]  and then once a week or once a month,
[21:22.120 --> 21:27.120]  he comes down to this municipal court to make a few extra bucks.
[21:27.120 --> 21:30.120]  And he doesn't look at anything until he gets to court
[21:30.120 --> 21:34.120]  because most people in these municipal courts never file anything.
[21:34.120 --> 21:40.120]  And when he gets to court and there is no response filed,
[21:40.120 --> 21:43.120]  we have the case law that forbids him to move ahead.
[21:43.120 --> 21:45.120]  And I'll put all that together in a document
[21:45.120 --> 21:50.120]  and add that to what I send you.
[21:50.120 --> 21:54.120]  So that when the prosecutor attempts to argue these issues,
[21:54.120 --> 21:58.120]  you object to it because he's forbidden.
[21:58.120 --> 22:00.120]  You'll have the case law for that.
[22:00.120 --> 22:05.120]  And then when the judge allows him to argue them anyway,
[22:05.120 --> 22:09.120]  then you get to file criminal charges against the judge.
[22:09.120 --> 22:13.120]  And bar grievance and judicial conduct complaint.
[22:13.120 --> 22:16.120]  And you'll give the judge apoplexy.
[22:16.120 --> 22:21.120]  Does the judge that's on the municipal court,
[22:21.120 --> 22:25.120]  is he enacting a lawyer or attorney?
[22:25.120 --> 22:28.120]  They generally are lawyers, yes.
[22:28.120 --> 22:32.120]  If it's in grand prairie, he's definitely going to be a lawyer.
[22:32.120 --> 22:34.120]  Okay.
[22:34.120 --> 22:37.120]  That means he's got a bar card and you can sting him for it.
[22:37.120 --> 22:42.120]  Have we talked about what happens when you file bar grievances?
[22:42.120 --> 22:44.120]  I'm familiar with him.
[22:44.120 --> 22:49.120]  Good, then sting him good, sting both of them.
[22:49.120 --> 22:53.120]  Okay, then keep us up to speed on what happens.
[22:53.120 --> 22:59.120]  Okay, I got one more question before I pass it on.
[22:59.120 --> 23:02.120]  For the discovery motions,
[23:02.120 --> 23:05.120]  so I have to file those before I get to the hearing, correct?
[23:05.120 --> 23:08.120]  Oh yeah, definitely.
[23:08.120 --> 23:10.120]  File them as quickly as you can.
[23:10.120 --> 23:12.120]  The hearing?
[23:12.120 --> 23:13.120]  The 30th.
[23:13.120 --> 23:15.120]  So I got another two weeks.
[23:15.120 --> 23:17.120]  Okay.
[23:17.120 --> 23:19.120]  Okay, you got 10 days.
[23:19.120 --> 23:22.120]  As soon as you get off the air,
[23:22.120 --> 23:25.120]  download them, fill them out,
[23:25.120 --> 23:28.120]  and drop them in the mail immediately.
[23:28.120 --> 23:29.120]  Okay.
[23:29.120 --> 23:35.120]  They need to be there at least seven days before the hearing date.
[23:35.120 --> 23:36.120]  Okay.
[23:36.120 --> 23:40.120]  So that'll put them on the dime.
[23:40.120 --> 23:43.120]  Okay, then keep us up to speed.
[23:43.120 --> 23:44.120]  I will.
[23:44.120 --> 23:45.120]  Okay.
[23:45.120 --> 23:46.120]  Thank you, Christian.
[23:46.120 --> 23:48.120]  Now we're going to Scott in Texas.
[23:48.120 --> 23:50.120]  Hello, Scott.
[23:50.120 --> 23:52.120]  Good morning.
[23:52.120 --> 23:53.120]  Okay.
[23:53.120 --> 23:55.120]  Seems to vaguely recognize this voice.
[23:55.120 --> 23:58.120]  Have I ever talked to you before?
[23:58.120 --> 24:03.120]  You know, I think before Bricksy hung up on me,
[24:03.120 --> 24:08.120]  so I just decided I wouldn't call back ever again.
[24:08.120 --> 24:12.120]  Oh my goodness, you hurt my feelings.
[24:12.120 --> 24:14.120]  Oh, yeah.
[24:14.120 --> 24:16.120]  No, I've been super busy.
[24:16.120 --> 24:19.120]  I finally got all this house re-put back together.
[24:19.120 --> 24:24.120]  It took me about three months to do the whole damn thing.
[24:24.120 --> 24:26.120]  But finally got it done.
[24:26.120 --> 24:29.120]  So now I'm kind of back in action.
[24:29.120 --> 24:33.120]  It was kind of good to actually step away from everything for a while.
[24:33.120 --> 24:40.120]  It was so discouraging, you know, with all the way everything just kind of works out,
[24:40.120 --> 24:46.120]  no matter all the pleadings that we put in and everything and how it just works out.
[24:46.120 --> 24:50.120]  But I guess now the only thing to do, and I hadn't done it yet,
[24:50.120 --> 24:55.120]  is put together the criminal complaints on all these judges and start following the
[24:55.120 --> 24:59.120]  jury and start getting the form. Now there was one thing that I heard,
[24:59.120 --> 25:01.120]  and I was going to bring this up to you.
[25:01.120 --> 25:05.120]  You've heard a Larry claiming, right?
[25:05.120 --> 25:07.120]  Not sure.
[25:07.120 --> 25:13.120]  Well, he's like this prosecutor that was up in the federal level forever,
[25:13.120 --> 25:17.120]  and he actually worked for the Department of Justice,
[25:17.120 --> 25:21.120]  and he has this website for you to watch or something like this.
[25:21.120 --> 25:27.120]  And, you know, he's been on a lot of, you know, like Fox News, different news shows,
[25:27.120 --> 25:30.120]  you know, Alex Jones and all this other stuff.
[25:30.120 --> 25:38.120]  But he's wanting to be the special prosecutor to get out after the Clintons and all this stuff.
[25:38.120 --> 25:41.120]  Well, he's been a prosecutor for a long time.
[25:41.120 --> 25:45.120]  That was his whole thing, you know, in the DOJ practically.
[25:45.120 --> 25:51.120]  And so, but now he's wanting, he's kind of out on the fringes, you know, I guess,
[25:51.120 --> 25:57.120]  because he, you know, the Department of Justice is so corrupt, it's unbelievable anyway.
[25:57.120 --> 26:02.120]  But he's wanting to start putting together citizens' grand juries.
[26:02.120 --> 26:05.120]  And he said he wanted to start one in Dallas.
[26:05.120 --> 26:08.120]  And he was on Alex Jones when he was talking about it,
[26:08.120 --> 26:11.120]  and there was another one, I think, like maybe in Tennessee or something.
[26:11.120 --> 26:15.120]  I remember exactly, but he did mention Dallas.
[26:15.120 --> 26:24.120]  But to be able to put together citizens' grand juries, that would be amazing to be able to do
[26:24.120 --> 26:30.120]  because, you know, if we're having problems, you know, with grand juries,
[26:30.120 --> 26:39.120]  which we know we are, to be able to put together something like that would be probably outstanding.
[26:39.120 --> 26:47.120]  Probably would, especially if this guy's learning counsel and ex-U.S. attorney.
[26:47.120 --> 26:52.120]  He would have more political clout.
[26:52.120 --> 27:00.120]  And you could certainly give him the evidence he needs to show the need for a grand jury
[27:00.120 --> 27:08.120]  because you tried to file complaints with the grand jury and had your documents shielded.
[27:08.120 --> 27:13.120]  Exactly. And for worse, as a matter of fact.
[27:13.120 --> 27:15.120]  So, yep.
[27:15.120 --> 27:19.120]  Have you tried to file any in Dallas County?
[27:19.120 --> 27:21.120]  I haven't yet.
[27:21.120 --> 27:28.120]  So that's why I'm going to go ahead and get geared up and put together some
[27:28.120 --> 27:33.120]  and file them with the Dallas County Grand Jury and watch them do the same thing.
[27:33.120 --> 27:38.120]  And I'm going to probably do it to a couple other counties as well.
[27:38.120 --> 27:44.120]  Haven't you already filed some in a couple of these outlying counties?
[27:44.120 --> 27:53.120]  I haven't. I mean, as far as like criminal complaints, yeah, but not with grand juries.
[27:53.120 --> 27:57.120]  They haven't gotten with the grand jury yet.
[27:57.120 --> 28:01.120]  So that's why really I'm going to have to take these things.
[28:01.120 --> 28:07.120]  Good. You could very likely be a very good resource for him
[28:07.120 --> 28:12.120]  because you have potential complaints in a number of counties
[28:12.120 --> 28:20.120]  that you could go to those counties and get the prosecutors to shield you from the grand juries.
[28:20.120 --> 28:30.120]  Then you could bring this to him with actual evidence of impropriety and inability to get to grand juries
[28:30.120 --> 28:38.120]  and that would provide him with good grounds for a citizen's grand jury.
[28:38.120 --> 28:44.120]  Yeah. I just was amazed to hear him actually say that.
[28:44.120 --> 28:53.120]  And so now I'm just wondering like, well, how in the world can we put that stuff together?
[28:53.120 --> 29:02.120]  So it would be interesting because we can demonstrate a pattern of misconduct.
[29:02.120 --> 29:07.120]  It would be easy enough to get every surrounding county to demonstrate
[29:07.120 --> 29:19.120]  that there is an ongoing policy in the state of Texas to shield private citizens from grand juries.
[29:19.120 --> 29:24.120]  So now I'm about to go to break. This is Randy Kelton with Law Radio
[29:24.120 --> 29:28.120]  or call in number 512-646-1984.
[29:28.120 --> 29:34.120]  Generally by this time of night the call boards are filling up, but for some reason tonight they're empty.
[29:34.120 --> 29:40.120]  So if you have a question or comment, give us a call.
[29:40.120 --> 29:45.120]  512-646-1984 will be taking your calls all night.
[29:45.120 --> 29:55.120]  Let's get back.
[29:55.120 --> 30:02.120]  This is a problem.
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[31:10.120 --> 31:15.120]  That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions.
[31:15.120 --> 31:21.120]  So take a deep breath and chill out. It'll help keep your mind as sharp as a tack.
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[33:02.120 --> 33:31.120]  Live Free Speech Radio, LogosRadioNetwork.com.
[33:32.120 --> 33:48.120]  Okay, we are back.
[33:48.120 --> 33:53.120]  We're Andy Kelton, Rule of Law Radio, and we're talking to Scott in Texas.
[33:53.120 --> 33:57.120]  And Scott, what was this lawyer's name?
[33:57.120 --> 34:01.120]  Is he still a lawyer in good standing?
[34:01.120 --> 34:05.120]  Larry Klayman, I believe, was his name.
[34:05.120 --> 34:09.120]  And I have it.
[34:09.120 --> 34:12.120]  I get some of your dog-gone emails from him.
[34:12.120 --> 34:16.120]  Y'all got to subscribe to his thing and you'll get pounded with emails.
[34:16.120 --> 34:22.120]  But I believe it was FreedomWatch with the name of the website.
[34:22.120 --> 34:30.120]  But yeah, he was the one that was bringing it all up and was really wanting to be special counsel.
[34:30.120 --> 34:38.120]  And, you know, get appointed by Trump and stuff to really start going after a lot of things.
[34:38.120 --> 34:43.120]  I thought it was so interesting that he would bring that up.
[34:43.120 --> 34:51.120]  And it was, I thought, you know, because I've heard, you know, we've heard rumors before
[34:51.120 --> 34:56.120]  how if you could get like 12 people together, you could, yeah, FreedomWatch.
[34:56.120 --> 35:00.120]  There's a brand new email from him.
[35:00.120 --> 35:03.120]  Go to FreedomWatch and his name is Larry Klayman.
[35:03.120 --> 35:09.120]  World FreedomWatch is the name of the website.
[35:09.120 --> 35:15.120]  FreedomWatchUSA.org.
[35:15.120 --> 35:24.120]  Yeah, he's definitely all over it and wanting to try to, you know, put something together.
[35:24.120 --> 35:29.120]  I've sent him an email, but I haven't gotten anything back from him or anything.
[35:29.120 --> 35:35.120]  But I certainly would like to see that come in that happening.
[35:35.120 --> 35:42.120]  Because if we could get a couple of these judges, you know, on the dime, it would put a kink
[35:42.120 --> 35:48.120]  and a lot of them just underwear real fast.
[35:48.120 --> 35:55.120]  I'm looking at his site here and it looks like he has a political agenda.
[35:55.120 --> 36:00.120]  He probably does, but you like politics.
[36:00.120 --> 36:03.120]  Yeah, I do.
[36:03.120 --> 36:08.120]  So, FreedomWatch is Justice League.
[36:08.120 --> 36:10.120]  You've got all these guys in superhero suits.
[36:10.120 --> 36:13.120]  Do we get a superhero suit if we join?
[36:13.120 --> 36:18.120]  He won't even reply back to me, so I don't know about the suit.
[36:18.120 --> 36:28.120]  So I think you're probably just going to have to go with your traditional country affair you normally run around in.
[36:28.120 --> 36:29.120]  Oh, okay.
[36:29.120 --> 36:34.120]  Then you probably need to click his donate button and he'll respond to you.
[36:34.120 --> 36:42.120]  Okay, but that is an interesting prospect is I haven't researched citizens' grand juries.
[36:42.120 --> 36:48.120]  Most of the time when I have someone talking about a citizen's grand jury is someone that knows absolutely nothing about law
[36:48.120 --> 36:58.120]  and has heard somebody speak to it and then they start giving me a lot of legal platitudes but no real legal support.
[36:58.120 --> 37:02.120]  So I haven't been too impressed with citizens' grand juries.
[37:02.120 --> 37:22.120]  If the prosecutors are going to so much trouble to block us from a statutory grand jury, how do we ensure that the courts will pay attention to a citizen's grand jury?
[37:22.120 --> 37:33.120]  If we institute a citizen's grand jury and bring indictments and the court just ignores them, what's the remedy?
[37:33.120 --> 37:39.120]  Yeah, we're back to the whole thing or the whole thing's just broken.
[37:39.120 --> 37:47.120]  Well, we have to file a suit against them and you sue the state and the Fed and the Fed and the state.
[37:47.120 --> 37:51.120]  See if you accept the two against each other.
[37:51.120 --> 37:57.120]  So we could go to the state with petitions for declaratory judgment.
[37:57.120 --> 38:02.120]  I'm sorry, we can go to the Fed with a petition for declaratory judgment based on state improprieties.
[38:02.120 --> 38:08.120]  They're more likely to give us a ruling than we could bring those back to the state and beat them up in the state.
[38:08.120 --> 38:12.120]  But it is a process.
[38:12.120 --> 38:18.120]  Since I've been doing radio, we've had people out there looking for silver bullets.
[38:18.120 --> 38:22.120]  And so far we haven't found any silver bullets.
[38:22.120 --> 38:36.120]  It all boils down to hard work and producing documents and pushing these guys and staying after them.
[38:36.120 --> 38:44.120]  I don't see any easy way out of that unless you have some magic for us.
[38:44.120 --> 38:48.120]  No, I don't.
[38:48.120 --> 38:52.120]  I'm going through the same thing that everybody else is.
[38:52.120 --> 38:57.120]  Have you ever heard, have you been listening to a show?
[38:57.120 --> 39:03.120]  Are you up to speed on what's going on with Tim?
[39:03.120 --> 39:13.120]  Now I haven't heard everything about Tim, but the last time I heard y'all were following criminal complaints on that district judge.
[39:13.120 --> 39:19.120]  Tim is putting me together a full statement.
[39:19.120 --> 39:23.120]  And we filed criminal charges on the judge, so it's been a while.
[39:23.120 --> 39:28.120]  You haven't heard about the writ of mandamus we filed.
[39:28.120 --> 39:30.120]  No, what was that?
[39:30.120 --> 39:36.120]  Oh, they were just railroading Tim.
[39:36.120 --> 39:47.120]  And they sent him a 500 or 700 page motion on a Friday and they got a hearing set for Tuesday.
[39:47.120 --> 39:56.120]  So they're sandbagging him, trying to get these motions in and not give him time to get a response in, but we got a response every time.
[39:56.120 --> 40:06.120]  And I guess that frustrated them, so they set a hearing and didn't notify Tim of the hearing and held his hearing without him there.
[40:06.120 --> 40:10.120]  So we filed a petition for writ of mandamus.
[40:10.120 --> 40:25.120]  And in doing the research on it, the first thing I got was a site that said, don't be too excited if it gets denied because only 14% of them get accepted and only 2% get approved.
[40:25.120 --> 40:30.120]  We're going to be part of that 2%.
[40:30.120 --> 40:35.120]  We filed a petition for writ of mandamus.
[40:35.120 --> 40:36.120]  They picked it up.
[40:36.120 --> 40:40.120]  They stopped all the proceedings in their tracks.
[40:40.120 --> 40:47.120]  And then the court of appeals sent a request to the city of Newark.
[40:47.120 --> 40:58.120]  The city of Newark had a municipal ordinance that allowed for a $200 fine for junk vehicles.
[40:58.120 --> 41:06.120]  But the government code allowed for an administrative hearing instead of a criminal hearing.
[41:06.120 --> 41:15.120]  And the city could by ordinance adopt an administrative hearing procedure.
[41:15.120 --> 41:30.120]  And they had adopted administrative hearing procedure in a substandard house issue where they allowed them to hold an administrative hearing in charge up to $2,000 per violation.
[41:30.120 --> 41:38.120]  And the court of appeals asked them for their authorization to do that with junk vehicles.
[41:38.120 --> 41:41.120]  They don't have it.
[41:41.120 --> 41:50.120]  And that's why the court of appeals asks for it, I'm sure, because we filed a challenge of subject matter jurisdiction.
[41:50.120 --> 41:59.120]  And they asked them to show that they had actually authorized this alternative procedure they used with Tim.
[41:59.120 --> 42:06.120]  And in their response, all they got was a bunch of song and dance and seltzer down your pants.
[42:06.120 --> 42:13.120]  So now we're waiting for the ruling that almost certainly is going to go against the city.
[42:13.120 --> 42:17.120]  The sky's about to fall in on them.
[42:17.120 --> 42:22.120]  They sued the pictures for $80,000.
[42:22.120 --> 42:29.120]  They counter sued, Tim counter sued for $300,000.
[42:29.120 --> 42:39.120]  When we filed a mandamus, we asked for $80,000 in sanctions.
[42:39.120 --> 42:44.120]  Just not looking good for these guys.
[42:44.120 --> 42:52.120]  It's unlikely we'll get the $80,000 in sanctions, depending on how upset this court is.
[42:52.120 --> 43:00.120]  Their original response was pretty, they stung these guys pretty good.
[43:00.120 --> 43:05.120]  It was indicated that they were not happy campers.
[43:05.120 --> 43:14.120]  They indicated they already had decided on what they were going to rule and asked these guys to give them a reason to rule different.
[43:14.120 --> 43:19.120]  And they haven't got it done, these lawyers.
[43:19.120 --> 43:23.120]  When they were put on the dime, they failed miserably.
[43:23.120 --> 43:29.120]  They showed that they're just chump-shyster lawyers like we accused them of being.
[43:29.120 --> 43:31.120]  Hang on, we're about to go to break.
[43:31.120 --> 43:33.120]  We're into Kelton, we're on the radio.
[43:33.120 --> 43:38.120]  I called in number 512-646-1984.
[43:38.120 --> 43:41.120]  We've got some call lines open.
[43:41.120 --> 43:45.120]  It's odd sometimes they're full this time and this time they're completely empty.
[43:45.120 --> 43:56.120]  So if you've got a question or comment, give us a call, we'll be right back.
[43:56.120 --> 44:04.120]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination by delivering excellent customer service and outstanding value at an affordable price.
[44:04.120 --> 44:10.120]  We provide a wide assortment of favorite products featuring a great selection of high quality coins and precious metals.
[44:10.120 --> 44:14.120]  We cater to beginners in coin collecting as well as large transactions for investors.
[44:14.120 --> 44:19.120]  We believe in educating our customers with resources from top accredited metal stealers and journalists.
[44:19.120 --> 44:22.120]  If we don't have what you're looking for, we can find it.
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[44:38.120 --> 44:41.120]  Call us at 512-646-6440.
[44:41.120 --> 44:46.120]  We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson.
[44:46.120 --> 44:49.120]  We're open Monday through Friday, 10 to 6, Saturdays, 10 to 2.
[44:49.120 --> 44:55.120]  Visit us at CapitalCoinandBullion.com or call 512-646-6440.
[44:55.120 --> 44:59.120]  Are you the plaintiff or defendant in a lawsuit?
[44:59.120 --> 45:02.120]  Win your case without an attorney with jurisdictionary.
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[45:51.120 --> 46:10.120]  Or call toll-free 866-LAW-EZ.
[46:10.120 --> 46:37.120]  Okay, we are back, Randy Kelton, rule of law radio.
[46:37.120 --> 46:40.120]  And I was looking for something over the break.
[46:40.120 --> 46:42.120]  I was unable to find it.
[46:42.120 --> 46:46.120]  A second thing I'll mention shortly, Scott.
[46:46.120 --> 46:50.120]  We have been making some progress.
[46:50.120 --> 46:52.120]  Okay, there you are muted.
[46:52.120 --> 46:59.120]  Okay, it looks like we're going to get the mandamus approved.
[46:59.120 --> 47:02.120]  They're shutting these lawyers down completely.
[47:02.120 --> 47:09.120]  If we get the mandamus approved, what we claimed was subject matter jurisdiction,
[47:09.120 --> 47:12.120]  that they lack subject matter jurisdiction in the first instance.
[47:12.120 --> 47:18.120]  And that's the first claim we filed in the trial court, in the district court.
[47:18.120 --> 47:25.120]  And the district court ruled against them on everything out of hand immediately
[47:25.120 --> 47:27.120]  and ruled with prejudice.
[47:27.120 --> 47:32.120]  So we filed for findings of fact and conclusions at law,
[47:32.120 --> 47:35.120]  and the judge did not provide it within the 20 days,
[47:35.120 --> 47:38.120]  so we filed criminal charges against the judge.
[47:38.120 --> 47:42.120]  And they were hammering them, Tim and Laura.
[47:42.120 --> 47:46.120]  And then that mandamus stopped everything.
[47:46.120 --> 47:50.120]  And it looks like the worm has turned.
[47:50.120 --> 47:55.120]  If we get the mandamus ruled in Tim's favor,
[47:55.120 --> 48:01.120]  the suit for $80,000 goes away.
[48:01.120 --> 48:07.120]  Tim's countersuit for $300,000 is reinstated.
[48:07.120 --> 48:11.120]  And essentially it becomes risk judicata,
[48:11.120 --> 48:17.120]  as the court of appeals will have ruled that the court lacks subject matter jurisdiction
[48:17.120 --> 48:20.120]  from the get-go.
[48:20.120 --> 48:27.120]  And that makes our claims essentially adjudicated.
[48:27.120 --> 48:32.120]  Then it becomes how much do you get to collect from these guys?
[48:32.120 --> 48:41.120]  They're treating this, the lawyers are treating it as if it is a suit against the city.
[48:41.120 --> 48:45.120]  It's not. It's a suit against the individuals.
[48:45.120 --> 48:51.120]  Not only the city is named in the suit, but only in a subject matter jurisdiction challenge
[48:51.120 --> 48:55.120]  based on the application of the statute.
[48:55.120 --> 48:59.120]  And that's only a declaratory judgment suit against the city.
[48:59.120 --> 49:02.120]  We ask for no damages against the city.
[49:02.120 --> 49:06.120]  We ask for all the damages against the individuals.
[49:06.120 --> 49:11.120]  And the court immediately put in an injunction to stop all proceedings,
[49:11.120 --> 49:17.120]  and they had a city council meeting last night where this case was on the agenda.
[49:17.120 --> 49:24.120]  And we were wondering, what were they doing with this case on the agenda?
[49:24.120 --> 49:29.120]  Now the lawyer, the main lawyer for their law firm was at this meeting,
[49:29.120 --> 49:36.120]  they went into executive session, and no action was taken.
[49:36.120 --> 49:40.120]  So we were thinking, why would they put this on the agenda?
[49:40.120 --> 49:44.120]  What could they do?
[49:44.120 --> 49:48.120]  Well, one thing they could do is non-suit.
[49:48.120 --> 49:55.120]  And that would prevent the court of appeals from rendering a ruling against them.
[49:55.120 --> 50:05.120]  The other thing they could do is make them an offer to make this whole thing go away.
[50:05.120 --> 50:12.120]  The problem the lawyers have is in the mandamus we asked for $80,000.
[50:12.120 --> 50:20.120]  I keep saying we, Tim, asked for $80,000 in the sanctions against the lawyers.
[50:20.120 --> 50:23.120]  And I was trying to figure out, why would they hold this meeting?
[50:23.120 --> 50:26.120]  What could they be considering in there?
[50:26.120 --> 50:33.120]  And either the city wanted some kind of explanation from the lawyer,
[50:33.120 --> 50:37.120]  or the lawyer may have asked them to hold the hearing,
[50:37.120 --> 50:46.120]  I mean to have this hearing so that he could try to get the city to non-suit
[50:46.120 --> 50:52.120]  to protect him from the possibility of $80,000 in sanctions.
[50:52.120 --> 50:59.120]  These guys are squirming, and just can't tell you how fulfilling this is.
[50:59.120 --> 51:05.120]  Tim went through misery for a year over this,
[51:05.120 --> 51:09.120]  and no matter what they did to him, he never backed down from them.
[51:09.120 --> 51:12.120]  And that was what they were counting on.
[51:12.120 --> 51:16.120]  And about the time they were at the end of their rope,
[51:16.120 --> 51:22.120]  the court of appeals stepped in and lowered the boom on the other guys.
[51:22.120 --> 51:25.120]  And that's not the only one.
[51:25.120 --> 51:35.120]  I've got a guy in Tyler that they arrested him in Walmart for criminal trespass,
[51:35.120 --> 51:41.120]  just as he stepped out of the line from checking out with his groceries.
[51:41.120 --> 51:47.120]  And that's because his 14-year-old son was running around with a Spider-Man hoodie
[51:47.120 --> 51:52.120]  they had bought from Walmart, and somebody objected to it and ordered him to leave.
[51:52.120 --> 51:57.120]  And he left, but not fast enough for him, so they called the police.
[51:57.120 --> 52:01.120]  The police gets there. The kid's not in the building. He's out in the car.
[52:01.120 --> 52:05.120]  But then the claim was trespass.
[52:05.120 --> 52:08.120]  Well, the kid was ordered to leave, and he did.
[52:08.120 --> 52:13.120]  The police got there. The kid wasn't there. They arrested the parent.
[52:13.120 --> 52:20.120]  And they found these kids, the kid in the car with his 12-year-old sister,
[52:20.120 --> 52:25.120]  two grown policemen ordered him out of the car,
[52:25.120 --> 52:28.120]  and they had been ordered to stay in the car, and they refused.
[52:28.120 --> 52:35.120]  A grown policeman opened the door and stuck a taser in a 12-year-old girl's face
[52:35.120 --> 52:42.120]  and threatened to shoot her in the face with it if she didn't get out of the car.
[52:42.120 --> 52:48.120]  Where is this man's humanity?
[52:48.120 --> 52:52.120]  What is he doing on the force?
[52:52.120 --> 52:57.120]  Anyway, now they're going after Scott, and Scott filed a bar grievance.
[52:57.120 --> 53:03.120]  They appointed him counsel. The counsel wouldn't talk to him at all, so he bar-greaved him.
[53:03.120 --> 53:09.120]  And then the counsel went to the judge and asked the judge to remove him from the case.
[53:09.120 --> 53:20.120]  And Scott filed, or not Scott, David. David filed an opposition to the removal.
[53:20.120 --> 53:25.120]  And the judge removed him anyway, and right after he was removed from the case,
[53:25.120 --> 53:32.120]  he got a response from the state bar. They sanctioned the lawyer.
[53:32.120 --> 53:42.120]  This may be the first time that we've ever got the bar to respond to a grievance against the lawyer.
[53:42.120 --> 53:47.120]  But they indicated that the lawyer had some substance abuse issues,
[53:47.120 --> 53:52.120]  so this may not have been the first time, or the bar may have investigated
[53:52.120 --> 53:55.120]  and found that there were more claims against him.
[53:55.120 --> 54:01.120]  But we actually got a lawyer stung with a bar grievance.
[54:01.120 --> 54:08.120]  We can't say that the bar never responds, because they just did.
[54:08.120 --> 54:14.120]  Then they appointed this guy another attorney. He didn't want another attorney,
[54:14.120 --> 54:21.120]  and the judge is forcing an attorney over him to prevent him from filing motions in his own behalf.
[54:21.120 --> 54:28.120]  He has a motion to recuse that the judge refused to hear.
[54:28.120 --> 54:36.120]  And now we're making up a whole stack of documents to give to this lawyer to file.
[54:36.120 --> 54:44.120]  The previous lawyer they assigned, he bar-grieved him and got him sanctioned.
[54:44.120 --> 54:49.120]  Then the lawyer withdrew. They immediately appointed another one,
[54:49.120 --> 54:53.120]  and now he's going to give this one a whole stack of documents to file,
[54:53.120 --> 54:57.120]  and when he doesn't file it, he's going to grieve this one.
[54:57.120 --> 55:04.120]  So this is working pretty good, Scott. We're having some results here.
[55:04.120 --> 55:08.120]  You there? Oh, I was wondering, I thought maybe I put you to sleep again.
[55:08.120 --> 55:11.120]  I have that effect on people.
[55:11.120 --> 55:15.120]  Oh, I just called just to listen to your soothing voice.
[55:15.120 --> 55:20.120]  Well, the point is we are getting some headway.
[55:20.120 --> 55:25.120]  We're actually getting some action in a couple of places.
[55:25.120 --> 55:29.120]  So you're next, as much stuff as you've got going on.
[55:29.120 --> 55:33.120]  Has anything happened in any of these cases?
[55:33.120 --> 55:41.120]  Oh, they... I got a couple back where the courts naturally just dismissed everything.
[55:41.120 --> 55:43.120]  So, you know, now it's...
[55:43.120 --> 55:46.120]  Okay, okay, okay, okay, good.
[55:46.120 --> 55:49.120]  I've got some case law for you.
[55:49.120 --> 55:54.120]  Did the prosecution respond to your filings?
[55:54.120 --> 55:57.120]  Of course not.
[55:57.120 --> 55:59.120]  Okay.
[55:59.120 --> 56:09.120]  Assertions of fact not pled in the alternative in the live pleadings of a party are regarded as formal judicial admissions.
[56:09.120 --> 56:14.120]  Houston First American Savings v. Mews Act.
[56:14.120 --> 56:26.120]  A judicially admitted fact is established as a matter of law and the admitting party may not dispute it or introduce evidence contrary to it.
[56:26.120 --> 56:28.120]  Peck v. Peck.
[56:28.120 --> 56:33.120]  Let's go on down to the court.
[56:33.120 --> 56:35.120]  Oh, that's not it.
[56:35.120 --> 56:40.120]  Jockelin v. Chambers.
[56:40.120 --> 56:42.120]  Where's Jockelin v. Chambers?
[56:42.120 --> 56:44.120]  Ah, here we go.
[56:44.120 --> 56:46.120]  Jockelin v. Chambers.
[56:46.120 --> 56:55.120]  A trial court has no discretion in determining what the law is or applying the law to the facts.
[56:55.120 --> 57:08.120]  Thus a clear failure by the trial court to analyze or apply the law correctly will constitute an abusive discretion and may result in appellate reversal by extraordinary rips.
[57:08.120 --> 57:23.120]  The way I read that is a failure is an abuse of discretion and abuse of discretion that denies a citizen in full free access to enjoyment, right?
[57:23.120 --> 57:27.120]  Well, that's a classic misdemeanor in the state of Texas.
[57:27.120 --> 57:31.120]  You have a way of going back after these guys.
[57:31.120 --> 57:33.120]  Big time.
[57:33.120 --> 57:54.120]  Go back, read a mandamus, ask the trial court to order that judge to properly apply the law to the facts and file criminally against the judge for that with the court of appeals.
[57:54.120 --> 58:04.120]  Well, that'll be something I'll get with you on probably in about a week or so and just start revving it all up.
[58:04.120 --> 58:18.120]  I'm going to get busy for my actual real job, but yeah, I know I've been listening to you and I've got the law already, so it's just a matter of putting it together.
[58:18.120 --> 58:28.120]  Okay, I will get this case law to you. Send me an email asking for it to remind me and I'll get this case law to you.
[58:28.120 --> 58:33.120]  This is going to give us some real teeth.
[58:33.120 --> 58:44.120]  Now these motions and pleadings that we're filing, now we hope they don't respond to a lot of them, because now we've got a way to go after them.
[58:44.120 --> 58:48.120]  These prosecutors say they have no duty to respond.
[58:48.120 --> 58:52.120]  Would you like to make more definite progress in your walk with God?
[58:52.120 --> 58:59.120]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[58:59.120 --> 59:04.120]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:04.120 --> 59:11.120]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:11.120 --> 59:16.120]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:16.120 --> 59:26.120]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:26.120 --> 59:39.120]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:39.120 --> 59:48.120]  That's 888-551-0102 or visit us online at bfa.org.
[59:48.120 --> 01:00:00.120]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.120 --> 01:00:10.120]  The following newsflash is brought to you by The Lone Star of Lowdown, providing you deli bulletins for the commodity market.
[01:00:10.120 --> 01:00:23.120]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:23.120 --> 01:00:34.120]  Markets for the 11th of April 2018 close with gold $1,353.22 in ounce, silver $16.68 in ounce, Texas crude $65.51 in barrel,
[01:00:34.120 --> 01:00:49.120]  bitcoins at $6,902.19, ethereum at $420.80, bitcoin cash at $652.90, and finally light coins at $114.34, a crypto coin.
[01:00:49.120 --> 01:01:02.120]  Today in history, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act of 1968,
[01:01:02.120 --> 01:01:08.120]  which prohibited private businesses from discriminating based on race, color, religion, sex, or national origin.
[01:01:08.120 --> 01:01:14.120]  It also prohibited unequal application of voter registration requirements, racial segregation in public schools,
[01:01:14.120 --> 01:01:19.120]  in employment, and public accommodations for places of business.
[01:01:19.120 --> 01:01:24.120]  Today in history.
[01:01:24.120 --> 01:01:30.120]  In recent news, tensions in Syria seem to reach new levels after a chemical attack on civilians in the city of Douma,
[01:01:30.120 --> 01:01:37.120]  which left 40 dead and many injured, an attack which is being blamed on the democratically elected president of Syria, Bashar al-Assad,
[01:01:37.120 --> 01:01:43.120]  by the United States and on Israel by Russia, either accusatory narrative without any verified evidence as of yet.
[01:01:43.120 --> 01:01:49.120]  President Trump tweeted today, Wednesday, that if, quote, Russia vows to shoot down any and all missiles fired at Syria,
[01:01:49.120 --> 01:01:53.120]  get ready, Russia, because they will be coming in nice and new and smart.
[01:01:53.120 --> 01:01:59.120]  Going on to warn Russia that you shouldn't be partners with a gas-killing animal who kills his people and enjoys it.
[01:01:59.120 --> 01:02:07.120]  Many in the West, including President Trump, have been quick to conclude that this chemical attack must have been conducted by Assad and his forces.
[01:02:07.120 --> 01:02:16.120]  Syria and Russia, on the other hand, have given approval since yesterday for the organization for the prohibition of chemical weapons to investigate the side of the chemical slaughter.
[01:02:16.120 --> 01:02:23.120]  Assad has been successful in maintaining rule and support during Syria's seven-year civil war, a civil war that is being fought by the government of Syria
[01:02:23.120 --> 01:02:33.120]  and anti-Assad Syrian rebels that are openly being funded by Western governments, with ISIS being one of the more notorious swimmer groups of the American-backed Syrian rebels.
[01:02:33.120 --> 01:02:43.120]  As a surprise then, why Russian Foreign Minister Spokeswoman Maria Zakhova posted on Facebook that smart missiles should be fired at terrorists and not at a legitimate government,
[01:02:43.120 --> 01:02:52.120]  which has been fighting terrorists, or is this a trick to destroy all traces with a smart missile strike, and then there will be no evidence for international inspectors to look at.
[01:02:52.120 --> 01:03:04.120]  This was Rick Rody with your lowdown for April 11, 2018.
[01:03:23.120 --> 01:03:34.120]  Okay, we are back. Randy Kelton, Rural Law Radio, and we're talking to Scott and Texas. Okay, Scott, do you have anything else for us?
[01:03:34.120 --> 01:03:38.120]  No, I'm good. I'll let you get to the next caller.
[01:03:38.120 --> 01:03:47.120]  Okay, well, we don't have any more callers. What I'm going to do is go into one of my disartations.
[01:03:47.120 --> 01:03:57.120]  One of the things I haven't talked about on the air for a long time, since I have an hour here in which to do it, it'll make a good archive.
[01:03:57.120 --> 01:04:09.120]  I'm going to go into a portion of the e-book on how to think about the courts, and we'll start out with what they don't teach in law school.
[01:04:09.120 --> 01:04:20.120]  Lawyer gets out of law school, and he gets a bar card, and he becomes learned counsel.
[01:04:20.120 --> 01:04:33.120]  And for the most part, while they're in law school, they're subjected to lofty legal arguments and to high principles of jurisprudence.
[01:04:33.120 --> 01:04:40.120]  And most of them, I expect, think they're going to get out of law school and become Perry Mason.
[01:04:40.120 --> 01:04:47.120]  Well, they get out of law school, and they find out that the practice of law is a business.
[01:04:47.120 --> 01:04:56.120]  And it's not so much about saving the world as it is about paying off that student loan.
[01:04:56.120 --> 01:05:04.120]  They've got an amount equal almost to a house payment, and they don't even own a house.
[01:05:04.120 --> 01:05:19.120]  They get out, and especially if they don't get picked up by a law firm, it gets pretty tough to make enough money to pay off this student loan and open an office and pay help.
[01:05:19.120 --> 01:05:26.120]  Well, as a lawyer, you can't go out and directly solicit business.
[01:05:26.120 --> 01:05:34.120]  It is intended that you get your business by referral, but if you're a new lawyer, you don't have any referrals.
[01:05:34.120 --> 01:05:36.120]  So it's a struggle to get started.
[01:05:36.120 --> 01:05:41.120]  They find out real quick the practice of law is all about money.
[01:05:41.120 --> 01:05:44.120]  It's all about generating revenue.
[01:05:44.120 --> 01:05:52.120]  A salesman before he's a lawyer or she is a lawyer is a salesperson.
[01:05:52.120 --> 01:06:08.120]  And what law tends to degrade down to because of this is that the only real purpose of the lawyer and securing a client is to get a retainer.
[01:06:08.120 --> 01:06:11.120]  For the lawyer, that's where the money is.
[01:06:11.120 --> 01:06:18.120]  The money is not in exhaustively adjudicating the rights of your part of your clients.
[01:06:18.120 --> 01:06:21.120]  It's all about getting a retainer.
[01:06:21.120 --> 01:06:24.120]  And this is kind of how that works.
[01:06:24.120 --> 01:06:29.120]  You go to a lawyer and the lawyer says, oh, yeah, look at that.
[01:06:29.120 --> 01:06:30.120]  You got a great case.
[01:06:30.120 --> 01:06:39.120]  We will wipe the floor with these guys and I'm going to need a three or $5,000 retainer.
[01:06:39.120 --> 01:06:51.120]  So you give the lawyer the retainer and then what ensues is what doctor lost my brain.
[01:06:51.120 --> 01:06:55.120]  Jurisdictionary.
[01:06:55.120 --> 01:06:58.120]  I'll think of his name the second I'm losing names tonight.
[01:06:58.120 --> 01:07:07.120]  But he says that at the beginning of the case, there is this flurry of motions.
[01:07:07.120 --> 01:07:18.120]  And what that flurry of motions is is each lawyer has a set of motions that are pretty well filed in every case.
[01:07:18.120 --> 01:07:25.120]  If you go to traffic ticket website and fill in the information will drop down a whole bunch of documentation.
[01:07:25.120 --> 01:07:33.120]  Well, that documentation pretty much goes to every case.
[01:07:33.120 --> 01:07:41.120]  This particular set of documentation is for tickets given by city or county police officers.
[01:07:41.120 --> 01:07:54.120]  In every case of a traffic ticket filed by a municipal police officer or a county sheriff's deputy, all of these motions will be filed.
[01:07:54.120 --> 01:08:04.120]  In any case, family law, no matter what it is, there are a set of primary motions that are filed in every case.
[01:08:04.120 --> 01:08:06.120]  And that's trying to think of Dr. Graves' names.
[01:08:06.120 --> 01:08:08.120]  I lost his name for some reason.
[01:08:08.120 --> 01:08:12.120]  But Dr. Graves says there's a flurry of motions.
[01:08:12.120 --> 01:08:19.120]  So the lawyer gets your retainer and he goes to his file and he pulls out the standard pleading.
[01:08:19.120 --> 01:08:28.120]  Fills in your name and address, your basic statement of facts, and a basic claim files it.
[01:08:28.120 --> 01:08:36.120]  The lawyer on the other side gets a copy of that and he goes to his file and pulls out his basic standard response.
[01:08:36.120 --> 01:08:38.120]  Fills in the blanks, sends it back.
[01:08:38.120 --> 01:08:43.120]  They both charge the client as if they just wrote that document.
[01:08:43.120 --> 01:08:49.120]  And then the other side files a motion, closing counsel files a response.
[01:08:49.120 --> 01:08:54.120]  They do this back and forth until they've used up your retainer.
[01:08:54.120 --> 01:09:03.120]  Once your retainer's used up, now they go back to you and say, oh my, this is a lot harder than we thought it would be.
[01:09:03.120 --> 01:09:07.120]  Now we're going to need a $10,000 retainer.
[01:09:07.120 --> 01:09:10.120]  Well, they don't want that $10,000 retainer.
[01:09:10.120 --> 01:09:24.120]  Because if they get that $10,000 retainer, now they don't have a drawer full of standard motions and pleadings that they can draw out, put your name in, and file it.
[01:09:24.120 --> 01:09:27.120]  Now they have to actually start doing legal research.
[01:09:27.120 --> 01:09:32.120]  And they do not want to start doing legal research.
[01:09:32.120 --> 01:09:42.120]  The problem that lawyers are having now is the practice of law has gotten more difficult.
[01:09:42.120 --> 01:09:52.120]  With the advent of technology, instead of making the practice law of law simpler, it's actually made it more difficult.
[01:09:52.120 --> 01:10:01.120]  The way legal research is done is pretty much the way legal research has been done for at least 800 years.
[01:10:01.120 --> 01:10:10.120]  In 1215, when the Magna Carta was filed, it set down a set of procedures that are pretty much in place today.
[01:10:10.120 --> 01:10:16.120]  And at the time, you'll go into trial and a scribe would take down the proceedings.
[01:10:16.120 --> 01:10:25.120]  The head court reporters then, they had all sorts of shorthand techniques and they would take down the proceedings and then the scribe would write out the case.
[01:10:25.120 --> 01:10:40.120]  And they would assign issues that occur in the case, either keys or terms that they could then refer to later.
[01:10:40.120 --> 01:10:58.120]  And then they would take these key terms and list them in a legal encyclopedia, which they would, after they got printing presses, they would generally printed a encyclopedia, a new edition every couple of years, sometimes every four years.
[01:10:58.120 --> 01:11:09.120]  Well, in this legal encyclopedia, like the American Sheriff's Prudence, and there were several of them, a lawyer could take a legal issue,
[01:11:09.120 --> 01:11:20.120]  go to the legal encyclopedia, look up that issue, and find a set of relatively standard cases going to that pointer issue.
[01:11:20.120 --> 01:11:26.120]  And then he could select from those cases the one that was most closely on point.
[01:11:26.120 --> 01:11:43.120]  Then Lexis-Nexis-Westlaw came along and they told everybody that you don't have to be restricted to this small set of cases found in the illegal encyclopedias,
[01:11:43.120 --> 01:11:52.120]  that we have this whizbang digital search engine where you can search all the cases.
[01:11:52.120 --> 01:12:05.120]  Now, when a lawyer comes to a legal issue, instead of being able to go to a legal encyclopedia and find a relatively standard set of cases that are used in these issues,
[01:12:05.120 --> 01:12:22.120]  now he's got the entire database to search. So he goes on Lexis-Nexis-Westlaw and he puts in a keyword, a keyword that's intended to extract cases that are on point.
[01:12:22.120 --> 01:12:33.120]  So he tries to figure out a word or a string of words that would appear in a case on this particular point and no other cases.
[01:12:33.120 --> 01:12:46.120]  Good luck with that. So what happens, what wound up happening is, is lawyers do searches on these search engines and instead of getting a set of relatively standard controlling cases,
[01:12:46.120 --> 01:12:52.120]  they get tens of thousands of hits on cases.
[01:12:52.120 --> 01:12:56.120]  Well, which one's the best one?
[01:12:56.120 --> 01:13:06.120]  They have no idea. I talked to a lawyer that was high up in the State Bar Association for North Carolina recently,
[01:13:06.120 --> 01:13:13.120]  and I was explaining this electronic lawyer I'm building with her, and I asked her,
[01:13:13.120 --> 01:13:27.120]  when you have to search out a legal pointer issue, approximately how many cases do you generally have to go through before you find that first case on point?
[01:13:27.120 --> 01:13:31.120]  She said between 50 and 100.
[01:13:31.120 --> 01:13:46.120]  Then I asked, have you ever filed a motion or a pleading? No matter how much you have researched the underlying case law, have you ever filed one of these and been confident
[01:13:46.120 --> 01:13:55.120]  that the lawyer on the other side did not find a motion or pleading that you missed and is going to wipe the floor with you?
[01:13:55.120 --> 01:14:05.120]  She said, never. It has become a terror of lawyers that they're going to miss the proper case law.
[01:14:05.120 --> 01:14:14.120]  When we didn't have electronic search engines, there was a relatively restricted set found in the encyclopedias.
[01:14:14.120 --> 01:14:21.120]  Now, somewhat, sometimes someone would find a new case. It just came down that they could quote,
[01:14:21.120 --> 01:14:26.120]  but if the other guy missed it, it wasn't in the standard set.
[01:14:26.120 --> 01:14:31.120]  So the pretty well had plausible deniability.
[01:14:31.120 --> 01:14:34.120]  Now there is no standard set.
[01:14:34.120 --> 01:14:50.120]  The lawyers just kind of left out hanging out there in the wind, hoping that he finds the right string of words that will bring him the right cases on point.
[01:14:50.120 --> 01:14:54.120]  So it goes to a lawyer's greatest terror.
[01:14:54.120 --> 01:14:59.120]  When the lawyer gets out of law school, the lawyer becomes a learned counsel.
[01:14:59.120 --> 01:15:05.120]  Now you and I, as proselyticans, we can go into court, we can screw up all we want to.
[01:15:05.120 --> 01:15:13.120]  And the Georgia get annoyed and he'll rule against us and these other consequences, but we don't get sanctioned.
[01:15:13.120 --> 01:15:17.120]  A lawyer on the other hand, he is learned counsel.
[01:15:17.120 --> 01:15:22.120]  He cannot miss something. I have a book called The Soul of the Law.
[01:15:22.120 --> 01:15:29.120]  And this is a book by a psychiatrist who was a lawyer and became a psychiatrist and he only treats lawyers.
[01:15:29.120 --> 01:15:34.120]  He said, because all lawyers have anxiety issues and they never get better.
[01:15:34.120 --> 01:15:37.120]  And he talks about the imposter syndrome.
[01:15:37.120 --> 01:15:44.120]  Lawyer gets out of law school, he gets his bar card and becomes learned counsel.
[01:15:44.120 --> 01:15:49.120]  Well, he knows full well, he don't know squat.
[01:15:49.120 --> 01:15:53.120]  Well, yeah, he knows how to argue legal issues. That's what they taught him in law school.
[01:15:53.120 --> 01:15:56.120]  They did not teach him how to practice law.
[01:15:56.120 --> 01:16:02.120]  So he gets in front of this client and the client asks him the question, he has no idea what the answer is.
[01:16:02.120 --> 01:16:07.120]  But he's learned counsel. He cannot not know what the answer is.
[01:16:07.120 --> 01:16:10.120]  So he's going to tell him something.
[01:16:10.120 --> 01:16:16.120]  All of these lawyers have this terror. They know they're just shucking and jiving.
[01:16:16.120 --> 01:16:23.120]  And they're always terrified that somebody's going to look behind the curtain and expose them for the imposter.
[01:16:23.120 --> 01:16:27.120]  They know themselves to be.
[01:16:27.120 --> 01:16:38.120]  When we get back, we'll talk about how this affects lawyers and why they only want your original retainer.
[01:16:38.120 --> 01:16:41.120]  And they do not want to do case law research.
[01:16:41.120 --> 01:17:10.120]  Randy Kelton, Wheel of Law Radio, call in number 5126461984. We'll be right back.
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[01:19:27.120 --> 01:19:43.120]  Okay, we are back. Randy Kelton, Rural Law Radio, and we're talking about how the real world lawyers live in.
[01:19:43.120 --> 01:19:46.120]  Lawyers do not want to do legal research.
[01:19:46.120 --> 01:19:59.120]  The first thing is it's very costly. It costs them time. And Lexis Westlaw, these platforms for lawyers are very expensive.
[01:19:59.120 --> 01:20:03.120]  And they do their job too well.
[01:20:03.120 --> 01:20:14.120]  Oh, well, on the one hand, they give the lawyer access to every case that essentially that exists with some few minor exceptions.
[01:20:14.120 --> 01:20:19.120]  There's everything in there and that's just too much information.
[01:20:19.120 --> 01:20:27.120]  So now legal professionals are left without a standard set of controlling cases.
[01:20:27.120 --> 01:20:35.120]  Now the lawyer has to go out there and hope that they find the right case law that'll get them the ruling they want.
[01:20:35.120 --> 01:20:43.120]  But because there are so many cases and there is no standard set of controlling cases.
[01:20:43.120 --> 01:20:50.120]  The lawyer is truly subject to the caprice of the judge.
[01:20:50.120 --> 01:20:56.120]  Everything goes to the discretion of the court. The court can rule however they want to.
[01:20:56.120 --> 01:21:01.120]  And this has always been a problem for judges, for lawyers.
[01:21:01.120 --> 01:21:12.120]  If you expect your lawyer to go out there and actively adjudicate your case, if there is any possibility it will annoy that judge.
[01:21:12.120 --> 01:21:20.120]  And you are dreaming because the lawyer is in business, is in business to make money.
[01:21:20.120 --> 01:21:34.120]  If the lawyer takes your case and your case is dead bang and he goes out there and he actively adjudicates every issue in your case and forces the judge to rule in your favor, even if the judge doesn't want to.
[01:21:34.120 --> 01:21:43.120]  The next case the lawyer brings before the court may or may not be as cut and dry as yours.
[01:21:43.120 --> 01:21:54.120]  And it may go to the discretion of the judge what the judge believes is the most equitable outcome giving the facts and the circumstances.
[01:21:54.120 --> 01:22:02.120]  But if the judge is annoyed at you he can rule against your next client to get back at you.
[01:22:02.120 --> 01:22:04.120]  Do you think judges would do that?
[01:22:04.120 --> 01:22:08.120]  Well, I once sued Denton County for $11 million.
[01:22:08.120 --> 01:22:14.120]  I sued 24 litigants, all of them public officials, and I accused all of them of following policy.
[01:22:14.120 --> 01:22:21.120]  I talked to 60 lawyers. Every one of them told me the same thing as Jerry Cobb.
[01:22:21.120 --> 01:22:29.120]  Jerry Cobb was the prosecuting attorney before the prosecutor I was suing.
[01:22:29.120 --> 01:22:34.120]  He was the last attorney I called and I actually got a hold of him.
[01:22:34.120 --> 01:22:42.120]  And I said, hello Jerry, my name is Randy Kelton and I have sued Denton County for $11 million, but I need somebody to represent my case.
[01:22:42.120 --> 01:22:47.120]  He said, Mr. Kelton, I know all about your suit. I can't represent you.
[01:22:47.120 --> 01:22:52.120]  You made accusations against judges in there and I have to represent clients in this county.
[01:22:52.120 --> 01:22:59.120]  I said, what's the matter Jerry? You're free those judges to screw your next client to get back at you.
[01:22:59.120 --> 01:23:06.120]  And he said the same thing every other lawyer did. You darn right they will.
[01:23:06.120 --> 01:23:14.120]  Now I don't know if that was true or not, but I do know that every lawyer I talked to believed it was true.
[01:23:14.120 --> 01:23:22.120]  So it might as well be. So if you expect your lawyer to go out there and adequately adjudicate your case,
[01:23:22.120 --> 01:23:27.120]  if there's any chance it's going to annoy that judge, that is not going to happen.
[01:23:27.120 --> 01:23:32.120]  It becomes even worse when you get court appointed to counsel.
[01:23:32.120 --> 01:23:40.120]  In the county I live in, if you get court appointed counsel and the court appointed counsel gets you to take a deal, they'll pay you $250.
[01:23:40.120 --> 01:23:45.120]  If you don't get him to take a deal, they'll pay you $125.
[01:23:45.120 --> 01:23:56.120]  What is wrong with that picture? Your court appointed counsel will throw your behind under the bus because if he doesn't,
[01:23:56.120 --> 01:24:02.120]  the court's likely to take him off the attorney wheel and not appoint him any more clients.
[01:24:02.120 --> 01:24:06.120]  So now he's stuck trying to figure out a way to pay all these bills.
[01:24:06.120 --> 01:24:14.120]  The system is rigged against us. And as pro says, we have to understand how the system really works.
[01:24:14.120 --> 01:24:21.120]  You can get angry if you're at your lawyer if you want to, but for the most part, when they went to law school,
[01:24:21.120 --> 01:24:31.120]  nobody told these lawyers that you will spend the rest of your professional career kissing some arrogant judges behinds.
[01:24:31.120 --> 01:24:36.120]  Good chance they wouldn't be lawyers right now.
[01:24:36.120 --> 01:24:39.120]  So the law schools don't tell them that kind of thing.
[01:24:39.120 --> 01:24:47.120]  They don't find that out until they get out in the real world and they're stuck in a system they didn't create and they can't change.
[01:24:47.120 --> 01:24:53.120]  So they're stuck with the realities of the practice of law in the real world we live in.
[01:24:53.120 --> 01:24:58.120]  And the only one that can fix it is you and I.
[01:24:58.120 --> 01:25:08.120]  Now, so the only way you can fix it is we have to stand up and we have to do something and make this work
[01:25:08.120 --> 01:25:12.120]  and stop being mad at our lawyers that won't help us.
[01:25:12.120 --> 01:25:16.120]  If there is a problem out there, it's not the lawyer.
[01:25:16.120 --> 01:25:20.120]  If there is a problem out there, it's the judges.
[01:25:20.120 --> 01:25:22.120]  And I can't even blame the judges.
[01:25:22.120 --> 01:25:28.120]  The judges didn't create this system that we have.
[01:25:28.120 --> 01:25:30.120]  They inherited it.
[01:25:30.120 --> 01:25:32.120]  They fell in the system the way it is.
[01:25:32.120 --> 01:25:38.120]  If there is a problem, you and I are the problem.
[01:25:38.120 --> 01:25:46.120]  We're not stuck inside this system and we're the only ones that have the power to change it.
[01:25:46.120 --> 01:25:51.120]  And we won't change it by demonizing those who are stuck inside it.
[01:25:51.120 --> 01:25:54.120]  Now, sometimes we have to beat them up a little.
[01:25:54.120 --> 01:26:00.120]  Life is tough, but we don't have to beat them up out of anger or avarice.
[01:26:00.120 --> 01:26:06.120]  We beat them up because it is a means to a proper end.
[01:26:06.120 --> 01:26:10.120]  Bar-grieving lawyers hurt them big time.
[01:26:10.120 --> 01:26:13.120]  Sorry guys, life is tough.
[01:26:13.120 --> 01:26:19.120]  Judiciconda complains against judges, suits against judges when they act outside scope.
[01:26:19.120 --> 01:26:22.120]  It hurts them, it damages their career.
[01:26:22.120 --> 01:26:31.120]  I don't have any need to damage someone's career, but I have a purpose.
[01:26:31.120 --> 01:26:35.120]  And if it's necessary, deal with it.
[01:26:35.120 --> 01:26:40.120]  Okay, I'm going to stop right here and we have a couple of callers on.
[01:26:40.120 --> 01:26:44.120]  And we're running out of time, so I'm going to go to Germain.
[01:26:44.120 --> 01:26:48.120]  Hello Germain, what do you have for us today?
[01:26:48.120 --> 01:26:50.120]  How are you doing?
[01:26:50.120 --> 01:26:54.120]  I'm doing good. I want something from you on point.
[01:26:54.120 --> 01:27:01.120]  He never thinks I'm as funny as I am. I do.
[01:27:01.120 --> 01:27:04.120]  Okay, go ahead.
[01:27:04.120 --> 01:27:20.120]  Quick question. If I'm a different state on diversity, can I run the same method as when you file a criminal complaint,
[01:27:20.120 --> 01:27:33.120]  but can I go to a federal magistrate and file a criminal complaint against the officer in Kentucky since I'm out of Alabama?
[01:27:33.120 --> 01:27:40.120]  Well, we have in Texas Attorney General Opinion H500.
[01:27:40.120 --> 01:27:56.120]  And this went to an issue where a complaint was filed with a magistrate outside the county where the actual offense occurred.
[01:27:56.120 --> 01:28:04.120]  And they asked the Attorney General, can a magistrate hear a complaint from out of county?
[01:28:04.120 --> 01:28:21.120]  And the Attorney General came back and said that any magistrate can hear any complaint state or federal felony or misdemeanor from anywhere within the state.
[01:28:21.120 --> 01:28:29.120]  That's based on a legal brief that I haven't looked at it specifically,
[01:28:29.120 --> 01:28:39.120]  but I would suggest that any federal magistrate can hear any complaint felony or misdemeanor state or federal no matter where it's at.
[01:28:39.120 --> 01:28:43.120]  It is the purpose of magistrates.
[01:28:43.120 --> 01:28:51.120]  In 1215 A.D., the Dukes drug the King John down to the River Thames,
[01:28:51.120 --> 01:28:55.120]  and threatened to cut his head off if he didn't sign the original Magna Carta.
[01:28:55.120 --> 01:29:00.120]  The original Magna Carta set up magistrates around the county.
[01:29:00.120 --> 01:29:09.120]  For the most part magistrates are also judges, but you'll notice that justices of the peace are spread around the county.
[01:29:09.120 --> 01:29:13.120]  And that's a carryover from the Magna Carta.
[01:29:13.120 --> 01:29:19.120]  It was intended that if a person is arrested for any reason,
[01:29:19.120 --> 01:29:30.120]  with or without a warrant, he is to be taken directly to the nearest magistrate and the magistrate is to hold an examining trial.
[01:29:30.120 --> 01:29:40.120]  Examine into the sufficiency of the allegation, nearest magistrate, it doesn't say federal state, doesn't differentiate.
[01:29:40.120 --> 01:29:45.120]  The purpose of the magistrate is to act as a go between the officer and the jail.
[01:29:45.120 --> 01:29:47.120]  Hang on, we'll pick this up on the other side.
[01:29:47.120 --> 01:30:01.120]  Randy Caldwell with Law Radio, we'll be right back.
[01:30:01.120 --> 01:30:08.120]  Europeans take long stress free vacations, but Americans have a tough time unplugging from their jobs.
[01:30:08.120 --> 01:30:15.120]  Dr. Catherine Albrecht, back with a new study that measures how much Americans work when they should be resting after this.
[01:30:15.120 --> 01:30:17.120]  Privacy is under attack.
[01:30:17.120 --> 01:30:21.120]  When you give up data about yourself, you'll never get it back again.
[01:30:21.120 --> 01:30:26.120]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.120 --> 01:30:31.120]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:31.120 --> 01:30:34.120]  Privacy, it's worth hanging on to.
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[01:34:05.120 --> 01:34:06.120]  We are back.
[01:34:06.120 --> 01:34:08.120]  Randy Kelton, Real Law Radio.
[01:34:08.120 --> 01:34:17.120]  And yes, I would, without actually researching case law on federal magistrates, it stands
[01:34:17.120 --> 01:34:24.120]  to reason that the only purpose of the magistrate is to act as a go-between between the police
[01:34:24.120 --> 01:34:27.120]  officer and the jailhouse door.
[01:34:27.120 --> 01:34:33.120]  I would say any magistrate can take any complaint, fellow near misdemeanor.
[01:34:33.120 --> 01:34:37.120]  The federal state shouldn't make any difference.
[01:34:37.120 --> 01:34:44.120]  Was that actually your question or did your question go to, is it better to file with one
[01:34:44.120 --> 01:34:47.120]  magistrate or another?
[01:34:47.120 --> 01:34:49.120]  Right.
[01:34:49.120 --> 01:34:53.120]  I was trying to see what would be my best option to ask.
[01:34:53.120 --> 01:35:00.120]  Because on diversity, I just pursue how you do things.
[01:35:00.120 --> 01:35:03.120]  How is it diversity?
[01:35:03.120 --> 01:35:08.120]  If this is criminal, how is it diversity?
[01:35:08.120 --> 01:35:17.120]  Well, I mean, because I'm out of a different state and this person who committed the crime
[01:35:17.120 --> 01:35:22.120]  against me is out of Kentucky.
[01:35:22.120 --> 01:35:28.120]  So you were in a different state when the other person committed the crime.
[01:35:28.120 --> 01:35:34.120]  It wasn't like you, you're from, say, Illinois and you drive into Kentucky and somebody commits
[01:35:34.120 --> 01:35:36.120]  the crime against you.
[01:35:36.120 --> 01:35:40.120]  In that case, it wouldn't be federal because you're actually in Kentucky.
[01:35:40.120 --> 01:35:45.120]  So were you in the other state when the first person committed the crime against you?
[01:35:45.120 --> 01:35:46.120]  Yeah.
[01:35:46.120 --> 01:35:51.120]  Then it's federal, strictly federal jurisdiction.
[01:35:51.120 --> 01:35:53.120]  Hold on, hold on.
[01:35:53.120 --> 01:35:58.120]  So I'm not confused.
[01:35:58.120 --> 01:36:02.120]  I was in Kentucky and the person committed the crime against me in Kentucky.
[01:36:02.120 --> 01:36:05.120]  Then it's Kentucky jurisdiction.
[01:36:05.120 --> 01:36:06.120]  Okay.
[01:36:06.120 --> 01:36:12.120]  So because I live in a different state, would it go to a federal?
[01:36:12.120 --> 01:36:14.120]  No.
[01:36:14.120 --> 01:36:21.120]  Because you were in Kentucky at the time, so you were within the jurisdiction of Kentucky.
[01:36:21.120 --> 01:36:23.120]  No diversity.
[01:36:23.120 --> 01:36:27.120]  The fact that you live somewhere else is irrelevant.
[01:36:27.120 --> 01:36:34.120]  Now, if you were in a transaction that went between the two states, then there would be diversity.
[01:36:34.120 --> 01:36:42.120]  But if you went to Kentucky and you were in Kentucky and someone committed a crime against you in Kentucky,
[01:36:42.120 --> 01:36:44.120]  there's no federal jurisdiction.
[01:36:44.120 --> 01:36:46.120]  That goes to minimum context.
[01:36:46.120 --> 01:36:52.120]  You had minimum context with Kentucky that brought you into their jurisdiction.
[01:36:52.120 --> 01:36:53.120]  Okay.
[01:36:53.120 --> 01:37:02.120]  So I would actually have to pursue criminal complaints through Kentucky.
[01:37:02.120 --> 01:37:06.120]  Absolutely.
[01:37:06.120 --> 01:37:07.120]  Okay.
[01:37:07.120 --> 01:37:10.120]  That's what I was trying to find out.
[01:37:10.120 --> 01:37:11.120]  Okay.
[01:37:11.120 --> 01:37:16.120]  I don't mean to rush you, I do have a first time caller.
[01:37:16.120 --> 01:37:19.120]  I'd like to take a walk at six minutes left.
[01:37:19.120 --> 01:37:21.120]  Do you have anything else?
[01:37:21.120 --> 01:37:24.120]  No, no, that's all I need to know right there.
[01:37:24.120 --> 01:37:25.120]  Okay.
[01:37:25.120 --> 01:37:26.120]  Thank you, Jermaine.
[01:37:26.120 --> 01:37:28.120]  Now we're going to go to Brian in Wisconsin.
[01:37:28.120 --> 01:37:30.120]  Hello, Brian.
[01:37:30.120 --> 01:37:33.120]  Oh, Randy, thanks for taking the call.
[01:37:33.120 --> 01:37:34.120]  You're welcome.
[01:37:34.120 --> 01:37:36.120]  Quickly, we've only got six minutes.
[01:37:36.120 --> 01:37:38.120]  I will go quickly.
[01:37:38.120 --> 01:37:44.120]  A couple of things. If I bite your dictionary, am I entered into the contest?
[01:37:44.120 --> 01:37:47.120]  Absolutely.
[01:37:47.120 --> 01:37:48.120]  Okay.
[01:37:48.120 --> 01:37:50.120]  Can you make the link a little more prominent?
[01:37:50.120 --> 01:37:52.120]  Because I can't find it.
[01:37:52.120 --> 01:38:00.120]  Anyway, send a link, send an email to me and I'll forward it to Deb.
[01:38:00.120 --> 01:38:01.120]  Yeah.
[01:38:01.120 --> 01:38:05.120]  She might be listening if she can chime in.
[01:38:05.120 --> 01:38:09.120]  But yeah, I'll make sure you get the link.
[01:38:09.120 --> 01:38:17.120]  Jurisdictionary is great when people have read Jurisdictionary and they call in and
[01:38:17.120 --> 01:38:20.120]  ask me questions and I start giving them suggestions.
[01:38:20.120 --> 01:38:24.120]  I've found out real quickly that they've read Jurisdictionary because I'll say, well,
[01:38:24.120 --> 01:38:25.120]  I think you need to do this.
[01:38:25.120 --> 01:38:26.120]  I'll say, I did that.
[01:38:26.120 --> 01:38:27.120]  Well, I think you ought to do this.
[01:38:27.120 --> 01:38:28.120]  I did that.
[01:38:28.120 --> 01:38:31.120]  So it'll give you a really good basic.
[01:38:31.120 --> 01:38:32.120]  Okay.
[01:38:32.120 --> 01:38:33.120]  A couple of things.
[01:38:33.120 --> 01:38:34.120]  What was the next one?
[01:38:34.120 --> 01:38:35.120]  Okay.
[01:38:35.120 --> 01:38:36.120]  Thank you for the podcast.
[01:38:36.120 --> 01:38:48.120]  That's how I listen to the shows, both yours and the angry traffic guy.
[01:38:48.120 --> 01:38:51.120]  And that brings me into, I'm an Uber driver.
[01:38:51.120 --> 01:38:52.120]  Okay.
[01:38:52.120 --> 01:38:58.120]  And I think that's a good example of how I fall under the commercial laws and then
[01:38:58.120 --> 01:39:02.120]  slide out of the commercial jurisdiction with my driver's license.
[01:39:02.120 --> 01:39:06.120]  When I have people in the car, I'm driving commercially and I use my license.
[01:39:06.120 --> 01:39:12.120]  When I drop the people off, the ride is over and I'm back to driving for my own purposes.
[01:39:12.120 --> 01:39:13.120]  Exactly.
[01:39:13.120 --> 01:39:19.120]  Even if you're driving to go pick someone up, you're not in commerce.
[01:39:19.120 --> 01:39:24.120]  You only come back to commerce when someone steps in your cab or your car.
[01:39:24.120 --> 01:39:25.120]  Yeah.
[01:39:25.120 --> 01:39:28.120]  I think that's a good example to use describing it.
[01:39:28.120 --> 01:39:35.120]  Now, and I think this next part, really the reason I called, might be a good example of
[01:39:35.120 --> 01:39:38.120]  a declaratory judgment suit.
[01:39:38.120 --> 01:39:46.120]  And this comes out of the Dallas Discussion, Dave Mack, his podcast.
[01:39:46.120 --> 01:40:00.120]  Under the FCRA, the Fair Credit Reporting Act, the big consumer agencies, you know,
[01:40:00.120 --> 01:40:08.120]  Equifax, Experian, TransUnion, et cetera, are required explicitly by statute to provide
[01:40:08.120 --> 01:40:14.120]  to the consumer all information in the consumer's file at the time of the request.
[01:40:14.120 --> 01:40:17.120]  That's explicit black letter law.
[01:40:17.120 --> 01:40:23.120]  And that's 15 USC, 1681G is engulfed.
[01:40:23.120 --> 01:40:31.120]  What Dave and others have done in the last several months is they've sued under 1681N
[01:40:31.120 --> 01:40:37.120]  because they make specific, and I've done this too, make specific written requests for all
[01:40:37.120 --> 01:40:40.120]  information, the full consumer disclosure.
[01:40:40.120 --> 01:40:46.120]  And the agencies, the CRAs, the credit reporting agencies, they're so used to just, oh, you
[01:40:46.120 --> 01:40:48.120]  mean credit reports, so here's a credit report.
[01:40:48.120 --> 01:40:54.120]  Well, report is merely a summary of the huge file cabinet of information.
[01:40:54.120 --> 01:40:55.120]  Okay?
[01:40:55.120 --> 01:41:01.120]  So under the clear language of the statute, they're required to provide all information
[01:41:01.120 --> 01:41:10.120]  in the consumer's file, that 1681G1, all information, that the computers at the credit
[01:41:10.120 --> 01:41:16.120]  reporting agency, they get your request and they send you either a copy of your credit
[01:41:16.120 --> 01:41:21.120]  report, which is merely a summary, you know, or they say, well, we need more information
[01:41:21.120 --> 01:41:26.120]  to prove who you are, and even though I include, you know, copy of my passport, et cetera,
[01:41:26.120 --> 01:41:27.120]  et cetera.
[01:41:27.120 --> 01:41:32.120]  Okay, the point is, I think that maybe, or I'm asking, is that a good use for a declaratory
[01:41:32.120 --> 01:41:37.120]  judgment suit to get to the, go right to the court and say, the language of the statute
[01:41:37.120 --> 01:41:45.120]  says, I'm allowed, or I have the right to receive all information, and does all information
[01:41:45.120 --> 01:41:48.120]  mean all information, or does it just a simple little...
[01:41:48.120 --> 01:41:53.120]  Okay, no, no, that is not a good use for a declaratory judgment suit.
[01:41:53.120 --> 01:41:54.120]  Okay.
[01:41:54.120 --> 01:42:04.120]  So, a declaratory judgment suit, you would ask them, is it a violation for the credit
[01:42:04.120 --> 01:42:12.120]  reporting agency to only send a summary of the documentation instead of all of the documentation
[01:42:12.120 --> 01:42:16.120]  as required by the statute?
[01:42:16.120 --> 01:42:23.120]  Then the court would declare, yes, this is a violation, or no, this is not a violation.
[01:42:23.120 --> 01:42:27.120]  That would be your declaratory judgment.
[01:42:27.120 --> 01:42:33.120]  Not a good use, because under the consumer protection laws, the violation of the act
[01:42:33.120 --> 01:42:43.120]  is harmed per se, so you could ask the same question and receive the penalty assessed
[01:42:43.120 --> 01:42:47.120]  against the agency at the same time.
[01:42:47.120 --> 01:42:51.120]  If you only filed a declaratory judgment, they would just say yes or no, and okay, it's
[01:42:51.120 --> 01:42:52.120]  done with.
[01:42:52.120 --> 01:42:56.120]  That would go back and sue for the fine.
[01:42:56.120 --> 01:43:04.120]  Right, right, and that's what they and others have been doing, suing under 1681 N, N is
[01:43:04.120 --> 01:43:12.120]  in Nancy, because it's $1,000 fine and it's a private rate of action, or $1,000 penalty,
[01:43:12.120 --> 01:43:15.120]  I should say, with a private rate of action.
[01:43:15.120 --> 01:43:21.120]  So, you know, $1,000 for each credit reporting agency, and that's fine.
[01:43:21.120 --> 01:43:27.120]  I just thought maybe, because the CRAs, the credit reporting agencies, get kind of squirrelly
[01:43:27.120 --> 01:43:33.120]  about the meaning of all information, you know, and their bamboozling judges into thinking,
[01:43:33.120 --> 01:43:37.120]  well, these are credit reports, therefore you ask for a credit report.
[01:43:37.120 --> 01:43:41.120]  Okay, wait, hang on, we're about to go to break.
[01:43:41.120 --> 01:43:52.120]  We've got one more segment, we'll be right back.
[01:43:52.120 --> 01:44:18.120]  All right, we'll be right back.
[01:44:18.120 --> 01:44:44.120]  We'll be right back.
[01:44:44.120 --> 01:45:10.120]  We'll be right back.
[01:45:10.120 --> 01:45:38.120]  We'll be right back.
[01:45:38.120 --> 01:45:56.120]  We'll be right back.
[01:46:08.120 --> 01:46:35.120]  We'll be right back.
[01:46:35.120 --> 01:46:55.120]  Okay, we are back.
[01:46:55.120 --> 01:47:00.120]  Randy Kelkin, rule of law radio, and I was thinking on the break.
[01:47:00.120 --> 01:47:08.120]  This is kind of, it has to be kind of difficult for everybody to be filing these suits for a $1,000 return.
[01:47:08.120 --> 01:47:11.120]  That cannot be equitable.
[01:47:11.120 --> 01:47:16.120]  How can we make this equitable?
[01:47:16.120 --> 01:47:22.120]  Are you familiar with a private attorney general suit?
[01:47:22.120 --> 01:47:29.120]  Just hearing you talk about it, I'm not red one or any of that.
[01:47:29.120 --> 01:47:38.120]  Okay, there's a lot of patriot mythology out there about people being a private attorney general.
[01:47:38.120 --> 01:47:44.120]  And there is no support for anyone being a private attorney general.
[01:47:44.120 --> 01:47:53.120]  Private attorney general suit is just something that the courts named a certain kind of suit.
[01:47:53.120 --> 01:48:11.120]  Where a agency is committing a violation that is of so minor a nature that it's generally not equitable for an injured party to sue.
[01:48:11.120 --> 01:48:17.120]  Like a traffic ticket that $300 traffic ticket will cost you $300 to file a suit.
[01:48:17.120 --> 01:48:23.120]  Plus paying a lawyer and all these other, this is not worth it.
[01:48:23.120 --> 01:48:33.120]  So these guys handling traffic tickets, they can cheat all they want to because it's essentially not worth it to someone to try to adjudicate their bad behavior.
[01:48:33.120 --> 01:48:47.120]  So the courts have said, okay, if this is occurring, then you can sue in your behalf and in the behalf of all others similarly situated.
[01:48:47.120 --> 01:48:49.120]  It's not a special law.
[01:48:49.120 --> 01:48:51.120]  It's not a special designation.
[01:48:51.120 --> 01:48:57.120]  It's just something the courts allow for the purposes of equity.
[01:48:57.120 --> 01:49:03.120]  And then you can sue for the damages to all of these people and then you get to keep all of it.
[01:49:03.120 --> 01:49:14.120]  So if these guys are filing suits based on this action, they might try a private attorney general suit.
[01:49:14.120 --> 01:49:24.120]  And then in discovery, ask for all of the requests they've received and all of the response that they've given.
[01:49:24.120 --> 01:49:43.120]  Then you go down and count the ones they received that they didn't respond to properly and name each one of those individuals as a member of the class and claim a $1,000 fine on each one.
[01:49:43.120 --> 01:49:45.120]  That sounds interesting.
[01:49:45.120 --> 01:49:58.120]  And in order to magnify it, the whole effort, perhaps something like your traffic ticket website would apply because the letters are very standardized.
[01:49:58.120 --> 01:50:00.120]  The request is very simple.
[01:50:00.120 --> 01:50:10.120]  And we know that of the half dozen lawsuits that have already been filed, it's the same attorneys on the other side that are working on this.
[01:50:10.120 --> 01:50:26.120]  And for each suit, even though they're from all over the country, but in other words, they wouldn't know what to do if they had 50 or 100 or 500 lawsuits filed next week or in five months after you go through the process.
[01:50:26.120 --> 01:50:29.120]  But yeah, you're absolutely right.
[01:50:29.120 --> 01:50:31.120]  You were entitled to the information.
[01:50:31.120 --> 01:50:40.120]  But I have the software set up and I'll have it set up for the traffic ticket site, but I'm not really promoting the traffic ticket site.
[01:50:40.120 --> 01:50:59.120]  What I can do is if these guys have a set of standard documentation, if they'll get me the documentation and get me the data they need to collect, I can set this site up so they can go in and just put in the data and it'll spit the document out for them.
[01:50:59.120 --> 01:51:06.120]  Yeah, and the responses we get from the credit reporting agencies are exactly the same.
[01:51:06.120 --> 01:51:16.120]  They either deny the request for lack of, you know, driver's life, you know, or identifying information, even though it's already included.
[01:51:16.120 --> 01:51:22.120]  Okay, there's just a form letter or they send your credit report, even though you didn't ask for a credit report.
[01:51:22.120 --> 01:51:32.120]  So yeah, I think it's a perfect template for your website type of thing and I'll reach out to Dave and Terry and see if they want to...
[01:51:32.120 --> 01:51:35.120]  Yeah, tell them I'd be glad to make it available to them.
[01:51:35.120 --> 01:51:37.120]  I'll have to set them up with a set of their own links.
[01:51:37.120 --> 01:51:45.120]  It won't be traffic ticket website because they set up whatever they want to and I can link them in and out.
[01:51:45.120 --> 01:51:59.120]  And I think the foundation of it will be an explicit declaratory judgment somewhere in a federal circuit that when the black letter of the law says all information in the consumer's file,
[01:51:59.120 --> 01:52:09.120]  that it actually means all information in the consumer file because they collect employment information, you know, traffic information.
[01:52:09.120 --> 01:52:18.120]  And they collect all information, but when you request all information, like the statute requires, they only include credit information.
[01:52:18.120 --> 01:52:19.120]  And they've been getting...
[01:52:19.120 --> 01:52:20.120]  Okay.
[01:52:20.120 --> 01:52:29.120]  Because like you say, it's only a thousand bucks and they'd rather pay a thousand bucks to go away to, you know, 50 people a year and instead of blowing it right open.
[01:52:29.120 --> 01:52:35.120]  Okay, now I'm getting a better idea of where you're going with declaratory judgment.
[01:52:35.120 --> 01:52:46.120]  You file a petition for a declaratory judgment suit and ask the court to make a determination that this is a violation of the act and you get a ruling on it.
[01:52:46.120 --> 01:52:55.120]  It's easier to get a declaratory judgment ruling because you're not asking for any damages against anyone.
[01:52:55.120 --> 01:52:58.120]  Just asking for them to give you a rule on point of law.
[01:52:58.120 --> 01:53:11.120]  Once you have that ruling, it becomes restruticata, cannot be revisited and subjects the credit reporting agencies to collateral stop all.
[01:53:11.120 --> 01:53:27.120]  So when you send the request to them and they don't fully comply, the question is not whether or not they violated the law because you already have a court decision saying in this particular fact set,
[01:53:27.120 --> 01:53:31.120]  their actions is a violation as a done deal.
[01:53:31.120 --> 01:53:38.120]  Then you can file the suit for the thousand dollars and it's essentially some re-justment.
[01:53:38.120 --> 01:53:39.120]  Yes.
[01:53:39.120 --> 01:53:49.120]  And like you say, Bushwhack is better in the fact that these attorneys, like I said, these same attorneys are responding to the cases from all across the country.
[01:53:49.120 --> 01:54:03.120]  You know, these handful of cases and, you know, they are providing bad case law, you know, when you actually read the case, it does not actually say what they're representing to the court that it says, etc.
[01:54:03.120 --> 01:54:04.120]  Oh, wow.
[01:54:04.120 --> 01:54:05.120]  Hold on.
[01:54:05.120 --> 01:54:06.120]  Yeah.
[01:54:06.120 --> 01:54:08.120]  Sanctions.
[01:54:08.120 --> 01:54:10.120]  Yeah.
[01:54:10.120 --> 01:54:15.120]  There are two things that will get a lawyer sanctioned.
[01:54:15.120 --> 01:54:19.120]  One is missing an important issue.
[01:54:19.120 --> 01:54:22.120]  The other one is misquoting case law.
[01:54:22.120 --> 01:54:28.120]  The worst thing you can do is misquote case law to the court.
[01:54:28.120 --> 01:54:35.120]  They get real unhappy because generally they trust the lawyers.
[01:54:35.120 --> 01:54:45.120]  And so they don't go through and scour all of the details of every case they send them.
[01:54:45.120 --> 01:54:55.120]  Eddie Craig, angry Eddie, called me about a case on traffic that was quoted all over the place, even by the state supreme, Garcia v. Something.
[01:54:55.120 --> 01:54:57.120]  And he read the case.
[01:54:57.120 --> 01:55:01.120]  He said it has nothing to do with traffic.
[01:55:01.120 --> 01:55:05.120]  Everybody's been citing this case and has nothing to do with traffic.
[01:55:05.120 --> 01:55:08.120]  So how does that happen?
[01:55:08.120 --> 01:55:17.120]  A well respected, well known lawyer to the judge goes to his paralegal and tells him to construct this document.
[01:55:17.120 --> 01:55:27.120]  And the paralegal gets the case citations juxtaposed or gets the wrong case citation on this document.
[01:55:27.120 --> 01:55:31.120]  Well, they send it to the judge. The judge knows the lawyer, trusts the lawyer.
[01:55:31.120 --> 01:55:36.120]  So he doesn't scour the case and make sure the case says exactly what the lawyer says.
[01:55:36.120 --> 01:55:42.120]  And they send that to the, then he gets a ruling and then he gets a appeal and the Catholic court gets it.
[01:55:42.120 --> 01:55:44.120]  And they know this lawyer.
[01:55:44.120 --> 01:55:47.120]  They don't scour it either. They trust what the lawyer says.
[01:55:47.120 --> 01:55:59.120]  And then it gets to the supreme and it came from the court appeal. So they don't scour either. It becomes case law and it's wrong.
[01:55:59.120 --> 01:56:12.120]  When it's figured out that it's wrong and it comes back down the pike, the first judge that put it in is going to be a really unhappy camper.
[01:56:12.120 --> 01:56:17.120]  And that lawyer who made the mistake is going to be in big trouble.
[01:56:17.120 --> 01:56:23.120]  One of the things that will get a lawyer sanctioned quicker than any other is quoting bad case law.
[01:56:23.120 --> 01:56:31.120]  So that would be an excellent opportunity to pursue sanctions.
[01:56:31.120 --> 01:56:41.120]  You might actually get those because judges do not like to be lied to.
[01:56:41.120 --> 01:56:54.120]  So contact Dave. I hadn't seen Dave in a long time telling that, you know, if he has some documentation like this that I'll make my software available to him.
[01:56:54.120 --> 01:57:03.120]  And he can set him up so people could just go in and drop in the information needed and download, sign and send.
[01:57:03.120 --> 01:57:04.120]  Exactly.
[01:57:04.120 --> 01:57:15.120]  And I'll tell you, Randy, I found Dave's calls and information because of our good friend of a blessed memory, Jeff Sedgwick.
[01:57:15.120 --> 01:57:22.120]  He mentioned him on your calls and one thing led to another and now my ears are full of podcasts.
[01:57:22.120 --> 01:57:25.120]  Oh, I miss Jeff.
[01:57:25.120 --> 01:57:26.120]  Yeah.
[01:57:26.120 --> 01:57:33.120]  Really, really hated to lose Jeff. I hadn't thought of him in a long time. Jeff was really good people.
[01:57:33.120 --> 01:57:36.120]  Yeah.
[01:57:36.120 --> 01:57:43.120]  And he was the only guy that called into my show that was older than me.
[01:57:43.120 --> 01:57:51.120]  And I never missed an opportunity to pick on him about that because I got dirt in my front yard. That's not as old as me.
[01:57:51.120 --> 01:57:55.120]  There you go.
[01:57:55.120 --> 01:58:03.120]  Okay. We thank you for calling in and don't be a stranger. We are out of time. This is Randy Kelton.
[01:58:03.120 --> 01:58:21.120]  We live on radio and after the show would be a good time to go to logos radio network and either by jurisdiction area or Eddie's traffic seminar or my ebook and get on the drawing for the gun giveaway.
[01:58:21.120 --> 01:58:29.120]  And you could always donate to Randy's beer fund or to the radio network is the same thing. Randy don't drink beer.
[01:58:29.120 --> 01:58:48.120]  So we have a lot of fun with that, but it all goes to the network and we want to keep this thing going. Thank you all for listening. Good night.
[01:58:48.120 --> 01:58:56.120]  Bibles for America is offering absolutely free a unique study Bible called the New Testament recovery version.
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[01:59:06.120 --> 01:59:18.120]  Order your free copy today from Bibles for America. Call us toll free at 888-551-0102 or visit us online at bfa.org.
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