ROL_2018-08-03_16k_Hr3-4.timecode

[00:00.000 --> 00:29.520]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce.
[00:29.520 --> 00:31.880]  Silver $16.68 an ounce.
[00:31.880 --> 00:34.920]  Texas Crude $65.51 a barrel.
[00:34.920 --> 00:38.200]  Bitcoins at $6,902.19.
[00:38.200 --> 00:41.080]  Ethereum at $420.80.
[00:41.080 --> 00:44.000]  Bitcoin Cash at $652.90.
[00:44.000 --> 00:55.480]  And finally Litecoins at $114.34 a crypto coin.
[00:55.480 --> 00:58.680]  Today in history, the year 1968.
[00:58.680 --> 01:02.720]  President Lyndon B. Johnson signed the Civil Rights Act of 1968,
[01:02.720 --> 01:04.360]  which prohibited private businesses
[01:04.360 --> 01:07.080]  from discriminating based on race, color, religion, sex,
[01:07.080 --> 01:08.640]  or national origin.
[01:08.640 --> 01:10.560]  It also prohibited unequal application
[01:10.560 --> 01:13.360]  of voter registration requirements, racial segregation
[01:13.360 --> 01:15.440]  in public schools, and employment,
[01:15.440 --> 01:18.280]  and public accommodations for places of business.
[01:18.280 --> 01:19.120]  Today in history.
[01:23.960 --> 01:25.880]  In recent news, tensions in Syria
[01:25.880 --> 01:28.200]  seem to reach new levels after a chemical attack
[01:28.200 --> 01:30.880]  on civilians in the city of Douma, which left 40 dead
[01:30.880 --> 01:31.920]  and many injured.
[01:31.920 --> 01:33.960]  An attack which is being blamed on the democratically
[01:33.960 --> 01:36.640]  elected president of Syria, Bashar al-Assad,
[01:36.640 --> 01:39.360]  by the United States and on Israel by Russia.
[01:39.360 --> 01:42.120]  Either accusatory narrative without any verified evidence
[01:42.120 --> 01:43.200]  as of yet.
[01:43.200 --> 01:44.920]  President Trump tweeted today Wednesday
[01:44.920 --> 01:47.960]  that if, quote, Russia vows to shoot down any and all missiles
[01:47.960 --> 01:50.040]  fired at Syria, get ready, Russia,
[01:50.040 --> 01:52.880]  because they will be coming in nice and new and smart.
[01:52.880 --> 01:55.200]  Going on to warn Russia that you shouldn't be partners
[01:55.200 --> 01:58.560]  with a gas-killing animal who kills its people and enjoys it.
[01:58.560 --> 02:00.360]  Many in the West, including President Trump,
[02:00.360 --> 02:03.840]  have been quick to conclude that this chemical attack must
[02:03.840 --> 02:06.640]  have been conducted by Assad and his forces.
[02:06.640 --> 02:08.160]  Syria and Russia, on the other hand,
[02:08.160 --> 02:10.280]  have given approval since yesterday
[02:10.280 --> 02:13.080]  for the organization for the prohibition of chemical weapons
[02:13.080 --> 02:15.760]  to investigate the side of the chemical slaughter.
[02:15.760 --> 02:17.400]  Assad has been successful in maintaining
[02:17.400 --> 02:20.400]  rule and support during Syria's seven-year civil war,
[02:20.400 --> 02:22.880]  a civil war that is being fought by the government of Syria
[02:22.880 --> 02:25.120]  and anti-Assad Syrian rebels.
[02:25.120 --> 02:27.720]  That are openly being funded by Western governments,
[02:27.720 --> 02:30.280]  with ISIS being one of the more notorious splinter groups
[02:30.280 --> 02:32.600]  of the American-backed Syrian rebels.
[02:32.600 --> 02:35.880]  No surprise then why Russian Foreign Minister Spokeswoman
[02:35.880 --> 02:39.120]  Maria Zakoba posted on Facebook that smart missiles should
[02:39.120 --> 02:42.440]  be fired at terrorists and not at a legitimate government, which
[02:42.440 --> 02:44.480]  has been fighting terrorists.
[02:44.480 --> 02:46.320]  Or is this a trick to destroy all traces
[02:46.320 --> 02:47.800]  with a smart missile strike?
[02:47.800 --> 02:49.320]  And then there will be no evidence
[02:49.320 --> 02:53.400]  for international inspectors to look at.
[02:53.400 --> 02:56.840]  This was Brick Rody with your lowdown for April 11, 2018.
[02:56.840 --> 03:25.360]  OK, we are back.
[03:25.360 --> 03:28.760]  Randy Kelton, rule of law radio, and we're talking to John
[03:28.760 --> 03:30.080]  in New York.
[03:30.080 --> 03:37.920]  OK, John, we have addressed the debt collection
[03:37.920 --> 03:40.280]  probably as much as we can.
[03:40.280 --> 03:42.760]  I am not the debt collection guy.
[03:42.760 --> 03:44.160]  I used to know a lot more about it,
[03:44.160 --> 03:48.880]  but it's not something that seems to come up a lot
[03:48.880 --> 03:50.440]  in the last couple of years.
[03:50.440 --> 03:56.320]  So you kind of lose track of all of the details.
[03:56.320 --> 03:58.840]  Well, do you think that the fact that they
[03:58.840 --> 04:01.040]  did not have a debt validation letter,
[04:01.040 --> 04:05.520]  and then they've done to me twice by letter and three times
[04:05.520 --> 04:07.720]  by phone, that's five violations?
[04:07.720 --> 04:09.400]  Would that come under the UCC?
[04:09.400 --> 04:10.760]  Probably wouldn't it?
[04:10.760 --> 04:12.600]  Maybe it'll probably come under the UCC.
[04:12.600 --> 04:16.840]  But like I said, these guys don't fall under the Friday
[04:16.840 --> 04:20.120]  Collections Practices Act.
[04:20.120 --> 04:22.520]  That's why it's the UCC.
[04:22.520 --> 04:23.720]  Yeah, so none of that.
[04:23.720 --> 04:26.480]  The only thing you can go to is UCC.
[04:26.480 --> 04:27.800]  Yeah, that's what I'm saying.
[04:27.800 --> 04:29.280]  That's what I'm saying.
[04:29.280 --> 04:32.000]  OK, debt validation letter is not
[04:32.000 --> 04:38.240]  in the UCC in terms of debt validation letter.
[04:38.240 --> 04:44.800]  So it's not a exact match between the two.
[04:44.800 --> 04:48.000]  As far as I remember from reading the UCC,
[04:48.000 --> 04:50.520]  I've done a lot of reading of what I was doing
[04:50.520 --> 04:55.560]  helping with foreclosure issues, that this goes to contract law.
[04:55.560 --> 05:02.120]  If someone asserts a debt and you challenge the debt,
[05:02.120 --> 05:06.520]  then they're obligated to prove up their assertions.
[05:06.520 --> 05:12.040]  You can't be obligated to pay a debt when the debt hasn't
[05:12.040 --> 05:14.080]  been proven up.
[05:14.080 --> 05:16.960]  It's like what I say, never make a proactive statement
[05:16.960 --> 05:20.440]  of law out of your own mouth, because it doesn't mean anything.
[05:20.440 --> 05:24.440]  They make a proactive assertion of debt out of their mouth.
[05:24.440 --> 05:27.600]  Give me the accounting.
[05:27.600 --> 05:28.640]  Give me the ledger.
[05:28.640 --> 05:31.480]  You guys keep records.
[05:31.480 --> 05:35.400]  Show me the records that establishes the debt.
[05:35.400 --> 05:39.040]  That they cannot do, because when they took over the debt,
[05:39.040 --> 05:42.400]  they didn't get all the records.
[05:42.400 --> 05:45.040]  They never do.
[05:45.040 --> 05:48.880]  So not even with the state government?
[05:48.880 --> 05:51.400]  No, that collector don't care about all that.
[05:51.400 --> 05:52.800]  He's just supposed to collect the debt.
[05:52.800 --> 05:55.880]  He's not studying all that stuff.
[05:55.880 --> 05:58.960]  Every once in a while, he gets someone who asks for it,
[05:58.960 --> 06:03.840]  and he's just too much trouble to get it.
[06:03.840 --> 06:09.480]  So if they don't validate it, then I don't have to pay it.
[06:09.480 --> 06:11.560]  Right.
[06:11.560 --> 06:14.400]  And you can make a claim against them under UCC.
[06:14.400 --> 06:16.800]  And this thing of them calling you repeatedly,
[06:16.800 --> 06:20.280]  you can make a claim against them for harassment.
[06:20.280 --> 06:23.040]  Just because they don't fall under the consumer protection
[06:23.040 --> 06:28.240]  laws doesn't mean that they get to do anything you want to.
[06:28.240 --> 06:29.000]  Ah, OK.
[06:31.760 --> 06:34.400]  So you make a claim against them,
[06:34.400 --> 06:38.760]  weigh in the excess of the actual debt against you,
[06:38.760 --> 06:43.000]  and then we ask the court to order mediation, come to the table,
[06:43.000 --> 06:46.760]  and make a deal if they go so.
[06:46.760 --> 06:48.040]  Right, got it.
[06:48.040 --> 06:49.000]  Thank you.
[06:49.000 --> 06:51.320]  I knew there was something more to it.
[06:51.320 --> 06:52.040]  Yep.
[06:52.040 --> 06:54.000]  All right.
[06:54.000 --> 06:56.840]  OK, do you have anything else for us?
[06:56.840 --> 06:57.880]  Let's see.
[06:57.880 --> 07:01.000]  Well, just a quick observation.
[07:01.000 --> 07:05.440]  I just got done on the phone with a defense attorney tonight.
[07:05.440 --> 07:10.360]  And it concerns the case of that girl
[07:10.360 --> 07:13.000]  that did second degree aggravated harassment
[07:13.000 --> 07:19.400]  that's to charge for dialing 911 so many times to the police.
[07:19.400 --> 07:24.160]  And I said, second degree aggravated harassment.
[07:24.160 --> 07:26.360]  He goes, well, that's ridiculous.
[07:26.360 --> 07:31.160]  He said, they're going to have to plead that down.
[07:31.160 --> 07:34.160]  And what they're going to end up with,
[07:34.160 --> 07:37.400]  he says, what they should end up with is harassment
[07:37.400 --> 07:41.720]  second, which doesn't carry too much with it.
[07:41.720 --> 07:44.640]  I mean, maybe they can do a year's probation
[07:44.640 --> 07:46.800]  and slap her on the wrist.
[07:46.800 --> 07:47.280]  Is that true?
[07:47.280 --> 07:48.000]  OK, hold on.
[07:48.000 --> 07:54.200]  Is he saying that they cannot prove aggravated harassment?
[07:54.200 --> 07:55.680]  No.
[07:55.680 --> 07:58.720]  He's saying that it's ridiculous.
[07:58.720 --> 08:03.560]  A person in, I think he had, he was alluding to the fact
[08:03.560 --> 08:10.080]  that she is, what I would call, not really diminished capacity.
[08:10.080 --> 08:14.440]  But she's 35 years old, but she has a child like mine
[08:14.440 --> 08:16.440]  in some regard.
[08:16.440 --> 08:19.000]  She reads it right, do it, you know.
[08:19.000 --> 08:21.720]  Ask for a Dalbert's hearing.
[08:21.720 --> 08:24.200]  Ask for what?
[08:24.200 --> 08:28.720]  No, ask for a Dalbert's hearing.
[08:28.720 --> 08:34.880]  Ask for a mental capacity.
[08:34.880 --> 08:37.600]  Ask for an evaluation.
[08:37.600 --> 08:39.480]  OK, ask for minimal capacity.
[08:39.480 --> 08:40.440]  Is that what you said?
[08:40.440 --> 08:44.600]  Yeah, ask for an evaluation of her mental capacity.
[08:44.600 --> 08:46.120]  She has diminished capacity.
[08:46.120 --> 08:48.400]  She couldn't commit the crime because crime
[08:48.400 --> 08:53.600]  requires knowledge and mens reis.
[08:53.600 --> 08:57.360]  All crimes are thought crimes.
[08:57.360 --> 08:58.320]  Right.
[08:58.320 --> 09:01.720]  Well, they're going to say that in the write-up,
[09:01.720 --> 09:05.080]  that paperwork, I sent you those two pages,
[09:05.080 --> 09:07.600]  and then I sent you the district attorney's letter
[09:07.600 --> 09:09.960]  that were ready for trial and so on.
[09:09.960 --> 09:15.960]  While those two papers, it says that she repeatedly called 911
[09:15.960 --> 09:19.920]  and she was mad at the police for something
[09:19.920 --> 09:22.440]  they had said or done to her previously.
[09:22.440 --> 09:24.560]  So that's why she was harassing.
[09:24.560 --> 09:26.640]  That's what it says in the allegation.
[09:26.640 --> 09:32.760]  Does it reference the nature of the 911 calls?
[09:32.760 --> 09:35.520]  Now, how do you mean?
[09:35.520 --> 09:36.680]  She called 911.
[09:36.680 --> 09:39.960]  Why did she call 911?
[09:39.960 --> 09:43.440]  Well, for one reason, the cop said,
[09:43.440 --> 09:46.800]  the cop had given her a number and said,
[09:46.800 --> 09:49.200]  look, if you ever want a call, call this number.
[09:49.200 --> 09:50.440]  So she did.
[09:50.440 --> 09:53.400]  And I thought that was entrapment, myself.
[09:53.400 --> 09:55.680]  But they're going to say, well, she didn't have to call
[09:55.680 --> 09:57.600]  thousands of times.
[09:57.600 --> 10:01.040]  Was the number 911?
[10:01.040 --> 10:03.320]  No, it was like an office number.
[10:03.320 --> 10:06.840]  But I guess, in part of their 911 exchange,
[10:06.840 --> 10:11.040]  I think what it must be, they're going to say she called 911.
[10:11.040 --> 10:15.320]  How many times did they claim she called?
[10:15.320 --> 10:19.360]  Well, she keeps repeating to me on the phone
[10:19.360 --> 10:23.440]  when I ask her 400 times.
[10:23.440 --> 10:30.520]  But in the last two years or something like that,
[10:30.520 --> 10:35.320]  they're talking about two or three years, or maybe more.
[10:35.320 --> 10:36.560]  I really don't.
[10:36.560 --> 10:39.600]  OK, I have a question for you.
[10:39.600 --> 10:41.480]  How many times have you called the police
[10:41.480 --> 10:44.640]  in the last two years?
[10:44.640 --> 10:48.120]  Oh, about a dozen times.
[10:48.120 --> 10:59.280]  OK, 400, she either gets a diminished capacity
[10:59.280 --> 11:04.120]  or that's a pretty good claim.
[11:04.120 --> 11:04.800]  What's that?
[11:04.800 --> 11:05.960]  What's that?
[11:05.960 --> 11:10.000]  400 calls to the police.
[11:10.000 --> 11:12.720]  That's a lot.
[11:12.720 --> 11:15.920]  That's really, really a lot.
[11:15.920 --> 11:19.880]  That's what they're saying, you see?
[11:19.880 --> 11:23.120]  Well, did she say, OK, you're not making sense.
[11:23.120 --> 11:26.400]  I thought you said she said that.
[11:26.400 --> 11:29.000]  Well, he said that they said that.
[11:29.000 --> 11:35.400]  OK, you left that far out, that they made that claim.
[11:35.400 --> 11:38.560]  I suspect they will be able to back up the claim with phone
[11:38.560 --> 11:41.120]  records and they wouldn't have made it.
[11:41.120 --> 11:43.400]  You're going to ask what I'm thinking.
[11:43.400 --> 11:47.960]  If it was 100 calls, that's way too many.
[11:47.960 --> 11:50.080]  That's enough to indicate a problem.
[11:50.080 --> 11:52.840]  400 calls, that's outrageous.
[11:52.840 --> 11:54.440]  Something's wrong here.
[11:54.440 --> 11:56.080]  And the problem's not the police.
[11:58.920 --> 12:02.600]  In other words, diminished capacity?
[12:02.600 --> 12:04.600]  Yes.
[12:04.600 --> 12:07.200]  I think that's proof enough.
[12:07.200 --> 12:08.040]  Yeah.
[12:08.040 --> 12:13.040]  No, the fact that she might just be angry and malicious.
[12:13.040 --> 12:14.040]  Oh.
[12:14.040 --> 12:15.920]  Plus, she's not angry and malicious,
[12:15.920 --> 12:19.440]  then it goes to diminished capacity.
[12:19.440 --> 12:20.640]  Goes to mens reyes.
[12:24.880 --> 12:29.120]  Did they give her written warning?
[12:29.120 --> 12:30.640]  I don't know.
[12:30.640 --> 12:31.960]  I don't know.
[12:31.960 --> 12:33.440]  OK, that'll be important.
[12:33.440 --> 12:40.960]  But 400 times, if you're sitting on a jury and the police
[12:40.960 --> 12:43.480]  claim to this woman is harassing us, she's
[12:43.480 --> 12:46.120]  using up our time that we need to be
[12:46.120 --> 12:51.520]  using to address criminal issues.
[12:51.520 --> 12:56.000]  And when the juries want to know, OK, well,
[12:56.000 --> 12:58.240]  how much time did they use?
[12:58.240 --> 13:00.400]  400 calls?
[13:05.080 --> 13:09.440]  The jury's going to have the same response I did.
[13:09.440 --> 13:11.040]  You're right.
[13:11.040 --> 13:13.360]  Primafacia.
[13:13.360 --> 13:15.920]  Now, it's going to be up to her to show,
[13:15.920 --> 13:20.880]  this is not like the police are just overreacting to something.
[13:20.880 --> 13:22.720]  400 calls.
[13:22.720 --> 13:25.320]  That's not overreacting.
[13:25.320 --> 13:31.160]  I would say they were extremely patient in not taking
[13:31.160 --> 13:33.440]  some action prior to this.
[13:33.440 --> 13:33.920]  Right.
[13:33.920 --> 13:36.240]  But then they also gave her the number to call
[13:36.240 --> 13:38.160]  and invited her to do so.
[13:38.160 --> 13:44.840]  Yeah, that will fly about half inch off the ground.
[13:44.840 --> 13:47.280]  I give you my number to call.
[13:47.280 --> 13:51.680]  That does not invite you to call me 400 times.
[13:51.680 --> 13:52.760]  Yeah, I got you.
[13:52.760 --> 13:53.680]  I understand.
[13:53.680 --> 13:54.480]  That makes sense.
[13:54.480 --> 13:56.480]  Yeah.
[13:56.480 --> 13:59.680]  OK, that won't go anywhere.
[13:59.680 --> 14:03.880]  The attorney told me to get a mental evaluation.
[14:03.880 --> 14:05.560]  I mean, she's not nuts.
[14:05.560 --> 14:07.160]  And if you talk to her.
[14:07.160 --> 14:10.640]  It doesn't mean that it's just somewhat diminished
[14:10.640 --> 14:16.760]  so that she's not acting with mens reis with evil intent.
[14:16.760 --> 14:17.600]  Yeah.
[14:17.600 --> 14:21.640]  And she adores the police.
[14:21.640 --> 14:23.520]  They are her idol.
[14:23.520 --> 14:25.280]  She collects little police cars.
[14:25.280 --> 14:27.080]  You know, the ones, the five of them,
[14:27.080 --> 14:29.840]  the re-operated ones, the sirens and everything.
[14:29.840 --> 14:31.440]  She has handcuffs.
[14:31.440 --> 14:32.320]  She has.
[14:32.320 --> 14:35.640]  She may have obsessive compulsive behavior.
[14:35.640 --> 14:38.880]  Something so that it doesn't go to a criminal act.
[14:38.880 --> 14:40.360]  Yeah, she does have obsessive.
[14:40.360 --> 14:42.520]  She was labeled obsessive compulsive.
[14:42.520 --> 14:43.080]  Yes.
[14:43.080 --> 14:49.440]  OK, so this is to claim to me a temporary insanity.
[14:49.440 --> 14:53.800]  This is not a criminal issue.
[14:53.800 --> 14:54.960]  This is a civil issue.
[14:57.680 --> 14:58.440]  Yeah, she is.
[14:58.440 --> 15:02.960]  By the way, she is documented as obsessive compulsive.
[15:02.960 --> 15:03.400]  She is.
[15:03.400 --> 15:04.240]  OK.
[15:04.240 --> 15:06.320]  That'll do it.
[15:06.320 --> 15:11.480]  Let's take in the evaluations.
[15:11.480 --> 15:15.240]  And there goes their evil intent.
[15:15.240 --> 15:18.480]  So they can't prove mens reis.
[15:18.480 --> 15:21.480]  Yep.
[15:21.480 --> 15:23.040]  OK, anything else?
[15:23.040 --> 15:24.080]  We do need to move along.
[15:24.080 --> 15:26.480]  We've kind of beat this one to death.
[15:26.480 --> 15:27.200]  OK, got you.
[15:27.200 --> 15:28.120]  Thank you very much.
[15:28.120 --> 15:29.720]  I'll get right off the phone.
[15:29.720 --> 15:33.880]  And I'll send you that email for permission with Leslie.
[15:33.880 --> 15:34.440]  Thank you.
[15:34.440 --> 15:36.000]  OK, thank you, John.
[15:36.000 --> 15:38.520]  OK, now we're going to Tim in Texas
[15:38.520 --> 15:41.000]  and see if he can talk to us this time.
[15:41.000 --> 15:43.200]  Did you get your phone fixed, Tim?
[15:43.200 --> 15:44.880]  Yes, sir.
[15:44.880 --> 15:46.360]  Oh, I can actually hear you.
[15:46.360 --> 15:50.080]  OK, what do you have for us today?
[15:50.080 --> 15:53.080]  Well, I was listening to you and John,
[15:53.080 --> 15:55.160]  and I'm just thinking that possibly that's
[15:55.160 --> 15:58.640]  what I have is diminished mental capacity.
[15:58.640 --> 16:04.120]  I wasn't going to say that.
[16:04.120 --> 16:05.120]  It's funny, though.
[16:07.880 --> 16:09.400]  OK.
[16:09.400 --> 16:19.120]  OK, well, I was calling to ask about the case that we have
[16:19.120 --> 16:20.720]  that's coming up.
[16:20.720 --> 16:24.280]  OK, bring everybody up to speed.
[16:24.280 --> 16:33.040]  OK, we were in district court being sued by the city civil
[16:33.040 --> 16:37.760]  case, and they're trying to get $80,000 out of us.
[16:37.760 --> 16:42.880]  And they were already given $8,000 by the district court.
[16:42.880 --> 16:50.320]  So we took a writ of mandamus to Piddles Court,
[16:50.320 --> 16:52.200]  and they came back and ruled on it.
[16:52.200 --> 16:55.280]  Do you want to go to break now?
[16:55.280 --> 16:56.640]  Yes, matter of fact, I do.
[16:56.640 --> 16:57.600]  We'll be right back.
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[18:00.560 --> 18:03.600]  Are you being harassed by debt collectors with phone calls,
[18:03.600 --> 18:05.600]  letters, or even lawsuits?
[18:05.600 --> 18:09.360]  Stop debt collectors now with the Michael Meyers Proven Method.
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[18:56.480 --> 18:59.920]  at yahoo.com to learn how to stop debt collectors next.
[19:01.920 --> 19:05.520]  You are listening to the Logos Radio Network.
[19:05.520 --> 19:08.480]  LogosRadioNetwork.com.
[19:12.680 --> 19:15.240]  Well, don't let nothing get to you.
[19:15.240 --> 19:17.760]  You're only the father candidate by you.
[19:17.760 --> 19:20.800]  And don't let bad-mined people hurt you.
[19:20.800 --> 19:24.120]  Until you say something, get behind you.
[19:24.120 --> 19:28.480]  Norman, my friend, knowledge actually.
[19:28.480 --> 19:30.840]  Come on, don't stay behind me, please.
[19:30.840 --> 19:32.280]  OK, we are back.
[19:32.280 --> 19:34.040]  Randy Kelton, ruleoflawradio.
[19:34.040 --> 19:37.200]  And we're talking to Tim in Texas.
[19:37.200 --> 19:38.840]  And Tim, I missed the break.
[19:38.840 --> 19:41.000]  I don't hear the music like you guys do.
[19:41.000 --> 19:43.200]  So it's a little problem with our system.
[19:43.200 --> 19:51.760]  But I was entranced by your eloquent oratory.
[19:51.760 --> 19:53.080]  Oh, really?
[19:53.080 --> 19:55.000]  No, I just fell asleep.
[19:55.000 --> 19:58.320]  OK, go ahead.
[19:58.320 --> 20:01.840]  OK, rub it in, man.
[20:01.840 --> 20:05.200]  Well, OK, so they came back with a ruling.
[20:05.200 --> 20:08.440]  And it was partially in our favor.
[20:08.440 --> 20:11.600]  Everybody seems to say that this is a really big win.
[20:11.600 --> 20:14.240]  And I know it is.
[20:14.240 --> 20:18.440]  Because they ruled in our favor that the administrative hearing
[20:18.440 --> 20:20.600]  that they had was something else.
[20:20.600 --> 20:21.400]  Hold on, hold on.
[20:21.400 --> 20:22.320]  You left something out.
[20:25.320 --> 20:34.520]  They've got a ruling against Tim and a claim of $8,000.
[20:34.520 --> 20:39.600]  Based on that claim, they asserted
[20:39.600 --> 20:46.720]  that Tim stayed in violation for 80 days.
[20:46.720 --> 20:55.160]  And they asked the court to grant a claim for $1,000 a day,
[20:55.160 --> 20:57.560]  $80,000.
[20:57.560 --> 21:00.680]  In the order granting the claim, it
[21:00.680 --> 21:05.280]  states that the claim was specifically based
[21:05.280 --> 21:10.280]  on the fact that there was an adjudication against him.
[21:10.280 --> 21:16.080]  And based on that adjudication, that he was in violation
[21:16.080 --> 21:19.200]  and remained in violation.
[21:19.200 --> 21:21.760]  Court of Appeals throughout that claim
[21:21.760 --> 21:24.360]  that showed that he was in violation.
[21:24.360 --> 21:27.080]  Now these guys are still trying to collect the $80,000
[21:27.080 --> 21:31.320]  because the judge didn't rule, didn't throw that part out yet.
[21:31.320 --> 21:39.160]  So we have filed a motion asking him to dismiss the claim.
[21:39.160 --> 21:42.120]  We asked for a motion for reconsideration
[21:42.120 --> 21:45.520]  on the order for the $80,000 based
[21:45.520 --> 21:46.720]  on the ruling of the court.
[21:49.880 --> 21:51.480]  OK.
[21:51.480 --> 21:54.720]  I was thinking that the motion for reconsideration
[21:54.720 --> 21:58.320]  was for him to open back up the case
[21:58.320 --> 22:02.120]  that we had our counterclaim against the city.
[22:02.120 --> 22:04.240]  Well, we have two of them.
[22:04.240 --> 22:05.040]  OK.
[22:05.040 --> 22:07.600]  One is the motion.
[22:07.600 --> 22:09.080]  They filed against him.
[22:09.080 --> 22:12.000]  We claimed that the adjudication wasn't proper.
[22:12.000 --> 22:14.800]  And as a result, filed a counterclaim.
[22:14.800 --> 22:18.400]  And the judge threw out the counterclaim with prejudice
[22:18.400 --> 22:22.360]  whom we requested finding the fact he refused to provide it.
[22:22.360 --> 22:27.880]  So we filed a criminal against him for not filing it.
[22:27.880 --> 22:31.120]  And then we filed a written mandamus.
[22:31.120 --> 22:34.400]  And the current Court of Appeals said we were right.
[22:34.400 --> 22:40.480]  The original adjudication was improper.
[22:40.480 --> 22:44.280]  Now we've got the judge in a spot
[22:44.280 --> 22:47.320]  because we've already filed criminal charges against him
[22:47.320 --> 22:53.280]  for not showing cause as to why he ruled the way he did.
[22:53.280 --> 22:55.680]  And then the Court of Appeals came along and said
[22:55.680 --> 22:57.680]  his ruling was wrongful.
[22:57.680 --> 22:59.760]  So that implies that he knew full well
[22:59.760 --> 23:02.880]  his ruling was wrongful.
[23:02.880 --> 23:05.200]  And now that's where he's due to caught up.
[23:05.200 --> 23:08.360]  We bring that to the Court to the grand jury
[23:08.360 --> 23:12.920]  and let them look at it and see if they think he knew what he
[23:12.920 --> 23:14.240]  was doing was improper.
[23:14.240 --> 23:18.240]  That's why he violated the law to prevent him
[23:18.240 --> 23:21.800]  from telling us why he ruled.
[23:21.800 --> 23:24.560]  This doesn't look good for the judge.
[23:24.560 --> 23:27.720]  And now we need to pursue the criminal complaints
[23:27.720 --> 23:30.320]  against him with the prosecuting attorney.
[23:32.960 --> 23:35.160]  We get an indictment on him.
[23:35.160 --> 23:37.640]  He's toast.
[23:37.640 --> 23:39.480]  He gets snatched right out of office.
[23:42.080 --> 23:44.240]  Then you get another judge knowing
[23:44.240 --> 23:48.680]  that you got the last one pulled out of office.
[23:48.680 --> 23:51.360]  They're likely to be a little more and give you
[23:51.360 --> 23:53.840]  a little more consideration.
[23:53.840 --> 23:57.120]  And for me, this is exactly what the outcome
[23:57.120 --> 23:58.040]  that I want to see.
[24:00.520 --> 24:05.600]  My often stated ultimate outcome is
[24:05.600 --> 24:07.640]  to put every judge in the country in a position
[24:07.640 --> 24:10.200]  such that when they step up behind the bench,
[24:10.200 --> 24:13.280]  look out across the bar at the gallery
[24:13.280 --> 24:16.280]  and want them wondering which one.
[24:16.280 --> 24:18.320]  Which one of those scoundrels sitting out there
[24:18.320 --> 24:20.080]  in the gallery waiting for me to render a ruling
[24:20.080 --> 24:23.560]  so I run down to the grand jury and try to get me indicted.
[24:23.560 --> 24:25.760]  That'll change everything.
[24:25.760 --> 24:31.680]  And Tim's case could well start us down that road.
[24:31.680 --> 24:34.320]  That's my story, I'm sticking to it.
[24:34.320 --> 24:35.320]  OK.
[24:35.320 --> 24:38.560]  You had a comment, and I kept interrupting you.
[24:38.560 --> 24:39.840]  I'm OK.
[24:39.840 --> 24:42.280]  Oh, wait a minute, wait a minute, so stop, stop, stop.
[24:42.280 --> 24:44.600]  I was going to say, I'm not going to interrupt you again.
[24:47.720 --> 24:48.960]  You can.
[24:48.960 --> 24:51.040]  OK, well, maybe I will interrupt you again.
[24:51.040 --> 24:52.240]  OK, I'll stop annoying you.
[24:52.240 --> 24:54.120]  Go ahead.
[24:54.120 --> 24:58.360]  Well, now, talking to different people
[24:58.360 --> 25:04.600]  and didn't have this information about what you're saying.
[25:04.600 --> 25:08.160]  So we're not going to do anything except wait
[25:08.160 --> 25:13.000]  for our trial date before the district judge.
[25:13.000 --> 25:15.520]  We have to have a court date, I suppose,
[25:15.520 --> 25:20.640]  so that he can either say continue on as we were going
[25:20.640 --> 25:24.160]  before you interrupted us with this mandamus,
[25:24.160 --> 25:28.920]  or he can say send it back down to the municipal court
[25:28.920 --> 25:34.080]  so that they can rule on the summary judgment that we filed.
[25:34.080 --> 25:34.520]  Is that right?
[25:34.520 --> 25:36.320]  Yes.
[25:36.320 --> 25:40.240]  Well, what he should rule is that everything
[25:40.240 --> 25:43.360]  before him is void.
[25:43.360 --> 25:49.520]  That the plaintiff lacks standing in the first instance
[25:49.520 --> 25:53.640]  to invoke the subject matter jurisdiction of the court.
[25:53.640 --> 25:57.200]  Therefore, all the rulings of the court are void.
[25:57.200 --> 26:03.440]  And the only thing he can rule is to dismiss their claims.
[26:03.440 --> 26:08.080]  And we've asked him to reconsider the denial of your claims,
[26:08.080 --> 26:10.440]  because he does have subject matter jurisdiction
[26:10.440 --> 26:11.760]  over your claims.
[26:11.760 --> 26:20.840]  OK, now, with the second court of appeals ruled
[26:20.840 --> 26:25.920]  and the four things, injunctive relief,
[26:25.920 --> 26:29.520]  they said that the district court had jurisdiction.
[26:29.520 --> 26:30.760]  Yes.
[26:30.760 --> 26:34.800]  Civil penalties, the district court had jurisdiction.
[26:34.800 --> 26:38.400]  And tough to law, the district court
[26:38.400 --> 26:40.640]  had subject matter jurisdiction.
[26:40.640 --> 26:46.200]  And that was because they do, but because the fourth one,
[26:46.200 --> 26:48.280]  which was the administrative hearing
[26:48.280 --> 26:54.400]  that the municipal court gave to an administrative board that
[26:54.400 --> 26:58.840]  was never, ever adopted into their ordinances.
[26:58.840 --> 27:03.080]  Therefore, that's going to, or it should, disqualify all of that.
[27:03.080 --> 27:07.040]  But the appeals court basically tossed it back down
[27:07.040 --> 27:11.080]  to the district judge to do the right thing.
[27:11.080 --> 27:14.240]  Yes, and OK, so the judge, we're not
[27:14.240 --> 27:18.000]  going to argue that the judge has jurisdiction to rule
[27:18.000 --> 27:20.680]  at this point, because we're going
[27:20.680 --> 27:29.280]  to file an opposition to the appellate court's ruling,
[27:29.280 --> 27:33.320]  where they ruled that the judge had jurisdiction
[27:33.320 --> 27:34.880]  over these other issues.
[27:34.880 --> 27:37.600]  And we'll argue that the judge may
[27:37.600 --> 27:40.800]  have had jurisdiction over these issues
[27:40.800 --> 27:48.720]  if the city had standing to raise the claims.
[27:48.720 --> 27:55.720]  But since there was no adjudication against you, Tim,
[27:55.720 --> 28:04.840]  then the city had no standing to come to the district
[28:04.840 --> 28:07.240]  court to collect the fee that had not
[28:07.240 --> 28:09.560]  been properly adjudicated.
[28:09.560 --> 28:12.040]  And this is the argument we made in the motion
[28:12.040 --> 28:14.760]  for reconsideration on these.
[28:14.760 --> 28:19.240]  We have to address these issues because the court of appeals
[28:19.240 --> 28:20.800]  gave this issue back to it.
[28:20.800 --> 28:23.800]  Now, we're maintaining that was improper.
[28:23.800 --> 28:27.040]  But in the meantime, we still have to argue it.
[28:27.040 --> 28:29.240]  We don't just sit back and say, oh, it's improper,
[28:29.240 --> 28:31.720]  so I'm not even going to bother to show up.
[28:31.720 --> 28:33.840]  And then to get a default ruling against you,
[28:33.840 --> 28:38.720]  you go in and make the record anyway.
[28:38.720 --> 28:40.760]  And if the court is smart, he's not
[28:40.760 --> 28:44.240]  going to want to go back to the court of appeals
[28:44.240 --> 28:46.800]  with more bad behavior because they've already
[28:46.800 --> 28:50.360]  stung him big time.
[28:50.360 --> 28:52.760]  Gave him an opportunity to do the right thing.
[28:52.760 --> 28:54.960]  If he doesn't, he can expect that they
[28:54.960 --> 28:56.640]  will sting him big time again when
[28:56.640 --> 28:59.080]  we get to the court of appeals.
[28:59.080 --> 29:03.560]  So it would have been improper for the appeals court
[29:03.560 --> 29:10.200]  to rule against the injunctive relief, the civil fines.
[29:10.200 --> 29:11.720]  No, it would not have been.
[29:11.720 --> 29:17.800]  And this is what we'll argue is that the court made an error
[29:17.800 --> 29:22.400]  that the injunctive relief was intrinsically connected
[29:22.400 --> 29:28.160]  to the alleged conviction in the civil issue.
[29:28.160 --> 29:30.160]  Without a conviction in the civil issue,
[29:30.160 --> 29:33.520]  there was no grounds for injunctive relief.
[29:33.520 --> 29:36.080]  OK.
[29:36.080 --> 29:37.680]  And that's what they missed.
[29:37.680 --> 29:43.160]  They never had standing to invoke the subject
[29:43.160 --> 29:44.800]  manager restriction of the court be
[29:44.800 --> 29:51.320]  it for the $8,000 claim to collect that claim
[29:51.320 --> 29:55.760]  or to collect the $80,000 claim because they were both
[29:55.760 --> 30:00.520]  based on the premise of a proper adjudication.
[30:00.520 --> 30:06.600]  Reality TV, sugar, obesity, jet lag,
[30:06.600 --> 30:10.040]  the list of things that makes us dumber just keeps on growing.
[30:10.040 --> 30:13.240]  But now researchers say we can add stress to the list.
[30:13.240 --> 30:16.680]  I'm Dr. Kauffman Albrecht, back with details in a moment.
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[30:28.840 --> 30:32.680]  Say no to surveillance and keep your information to yourself.
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[32:02.840 --> 32:05.040]  Rule of law radio is proud to offer the rule of law
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[32:05.960 --> 32:08.360]  In today's America, we live in a mess against them society.
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[32:10.640 --> 32:13.480]  then we're going to have to stand and defend our own rights.
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[32:15.360 --> 32:17.440]  from place to place, the right to act in our own private
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[32:25.120 --> 32:26.400]  through due process.
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[32:31.240 --> 32:34.160]  tool available that will help you understand what due process is
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[34:13.020 --> 34:19.940]  They stung the trial judge pretty good and they tried to soften the blow, but I'm going
[34:19.940 --> 34:31.740]  to argue that they're setting a wrongful precedent in that they're disrupting the long line of
[34:31.740 --> 34:34.940]  case law on subject-managed jurisdiction.
[34:34.940 --> 34:42.460]  At the end of the day, it's probably not going to matter to us because no matter what
[34:42.460 --> 34:49.900]  this judge does, if he doesn't dismiss everything against you, then we address all of that on
[34:49.900 --> 34:53.140]  appeal.
[34:53.140 --> 35:03.900]  If he doesn't overturn his dismissal with prejudice, then we go right to appeal.
[35:03.900 --> 35:10.300]  And almost certainly the Court of Appeals will overturn that dismissal of your claim
[35:10.300 --> 35:14.980]  against them with prejudice, and that's all we need.
[35:14.980 --> 35:22.180]  If they just change it to without prejudice, they're likely to overturn it all together
[35:22.180 --> 35:27.180]  because the Court ruled that we were exactly right in what we argued.
[35:27.180 --> 35:32.700]  But even if they don't, they will most certainly overrule the with prejudice portion and then
[35:32.700 --> 35:36.980]  we can file an amended pleading.
[35:36.980 --> 35:40.380]  And we will file an amended pleading in any case.
[35:40.380 --> 35:48.180]  If they rule that the dismissal was improper all together and remanded it back to the Court
[35:48.180 --> 35:50.980]  for trial, then we file an amended pleading.
[35:50.980 --> 35:51.980]  We go for a million.
[35:51.980 --> 35:59.980]  We go for three times the amount of the case of this suit for the wrongful behavior discussed.
[35:59.980 --> 36:05.020]  We come back with a million, up the stakes.
[36:05.020 --> 36:09.540]  And the fact that they acted improperly is a residue to cut it now.
[36:09.540 --> 36:11.980]  That's a done deal.
[36:11.980 --> 36:17.300]  The fact that they prosecuted you improperly is a done deal.
[36:17.300 --> 36:23.260]  Now the matter is how much harm did they do to you putting you through this ringer for
[36:23.260 --> 36:25.260]  over a year?
[36:25.260 --> 36:30.900]  Here's my specific question.
[36:30.900 --> 36:40.860]  Is there any way that city attorneys can file a civil case against a citizen or business
[36:40.860 --> 36:50.140]  owner if he has not been properly found guilty?
[36:50.140 --> 36:57.540]  That's exactly the issue that we're bringing, that we're saying absolutely not.
[36:57.540 --> 37:06.260]  And if the court says he can, they change 800 years of law.
[37:06.260 --> 37:07.260]  Okay.
[37:07.260 --> 37:11.660]  See, that's all I have been questioning this whole time.
[37:11.660 --> 37:17.180]  I have talked to people, several people, just say, hey, what do you think?
[37:17.180 --> 37:20.740]  Everybody's like, duh, I mean they get to that and it's like overcliffed.
[37:20.740 --> 37:23.100]  They're like, they don't know what they're doing.
[37:23.100 --> 37:24.100]  They don't understand it.
[37:24.100 --> 37:25.820]  I don't understand it.
[37:25.820 --> 37:32.500]  You cannot collect a debt that was not properly adjudicated, period.
[37:32.500 --> 37:33.500]  Right.
[37:33.500 --> 37:40.500]  Well, that's what I'm saying and if you can, then yeah, like you're saying, the 800 years,
[37:40.500 --> 37:44.500]  I don't know if it's that long or not, but it's actually longer than that.
[37:44.500 --> 37:50.500]  800 years was back to the original Magna Carta in 1215 A.D.
[37:50.500 --> 37:51.500]  Yeah.
[37:51.500 --> 37:58.020]  Like I can draw the line directly to that Magna Carta, yes, that's the one that first
[37:58.020 --> 38:02.180]  established freemen rights in England.
[38:02.180 --> 38:11.300]  But though the Magna Carta was actually based on 2000 year old Greek law, which was based
[38:11.300 --> 38:16.460]  on 6000 year old Cady in law.
[38:16.460 --> 38:21.420]  So this is, these are basic principles.
[38:21.420 --> 38:28.620]  Basic principles that address human behavior and human frailty.
[38:28.620 --> 38:37.100]  Humans are, if God created us, he created us horribly flawed.
[38:37.100 --> 38:42.100]  But he created us consistently flawed.
[38:42.100 --> 38:48.940]  So we've, since we've had civilization, we've had to put together rules that address the
[38:48.940 --> 38:52.660]  weaknesses of human nature.
[38:52.660 --> 39:02.980]  And you go through the laws in any country on the planet and the only laws that vary
[39:02.980 --> 39:09.700]  to any substantial degree are those laws that are politically motivated.
[39:09.700 --> 39:17.060]  The laws that address human frailty are all the same.
[39:17.060 --> 39:20.180]  And the way we have to adjudicate these are all the same.
[39:20.180 --> 39:28.820]  Even in a dictatorship, they will tend to be more fair to the public in general.
[39:28.820 --> 39:34.060]  Because if they don't, they know the public will rise up and throw them out.
[39:34.060 --> 39:44.900]  So since there's been government, there have been methods implemented to pacify the public.
[39:44.900 --> 39:47.900]  You don't want them getting mad at you to the point they'll come and throw you out.
[39:47.900 --> 39:51.100]  So you, you got to give them the idea that they will have justice.
[39:51.100 --> 39:53.860]  So there's always been there.
[39:53.860 --> 39:56.180]  And now these people are acting outrageous.
[39:56.180 --> 40:02.460]  It's up to you to go after their throats.
[40:02.460 --> 40:05.780]  No quarter here, it is your turn.
[40:05.780 --> 40:15.420]  It would be foolish to just say, let bygones be bygones because they'll continue to do
[40:15.420 --> 40:16.420]  it to others.
[40:16.420 --> 40:21.260]  Yeah, it would be unconscionable for you to do that.
[40:21.260 --> 40:26.620]  It's not about the money, it should never, ever be about the money.
[40:26.620 --> 40:34.940]  If you happen to win some money in the process of this a secondary, your real purpose should
[40:34.940 --> 40:40.420]  always be to do the right thing for the right reason and never, ever goes after these people
[40:40.420 --> 40:45.780]  just because you're angry at them or you want to pay them back.
[40:45.780 --> 40:54.260]  I'm not particularly religious, but the Bible is a very good text on what works and what
[40:54.260 --> 40:56.860]  doesn't.
[40:56.860 --> 41:02.540]  And going after somebody because you're angry at them never, ever leads to good outcomes.
[41:02.540 --> 41:04.900]  No, it's foolish.
[41:04.900 --> 41:09.860]  When you do the right thing for the right reason, you tend to come to good outcomes.
[41:09.860 --> 41:16.780]  And going after these guys with absolutely no mercy, give them zero slack.
[41:16.780 --> 41:20.620]  It's not about anger, it's not about ever.
[41:20.620 --> 41:22.980]  It's about repairing the system.
[41:22.980 --> 41:28.460]  It's about giving all of the rest of these lawyers reasons to say, hey guys, don't be
[41:28.460 --> 41:30.500]  like those clowns.
[41:30.500 --> 41:32.700]  Look what happened to them.
[41:32.700 --> 41:38.460]  Well, it's something that I don't know if you've got time to talk about this for a
[41:38.460 --> 41:45.420]  few minutes, but this whole thing started when I got written up for some vehicles that
[41:45.420 --> 41:51.820]  they said was violating vehicle code, but they weren't.
[41:51.820 --> 41:54.940]  None of them were because they were all operable.
[41:54.940 --> 41:59.420]  None of them were dismantled and they were in a repair facility.
[41:59.420 --> 42:05.620]  So because of that, I was not guilty and I pled not guilty and I asked for a jury trial.
[42:05.620 --> 42:09.660]  But the first day of the hearing, when they said, you know, you either ask for a hearing
[42:09.660 --> 42:12.020]  or we're going to start doing our thing.
[42:12.020 --> 42:14.100]  So I went, asked for a hearing.
[42:14.100 --> 42:15.300]  They said the hearing.
[42:15.300 --> 42:17.220]  We went before the judge.
[42:17.220 --> 42:23.380]  We got there, prosecuting attorney immediately took my wife and I to a back room.
[42:23.380 --> 42:26.180]  First words out of her mouth, we have it on recording.
[42:26.180 --> 42:31.380]  He lied to us and said, this is a civil matter.
[42:31.380 --> 42:33.260]  And I can still remember she had her back to us.
[42:33.260 --> 42:36.980]  She had just walked into the room we were going to and my wife, I didn't know it, but
[42:36.980 --> 42:42.220]  she had her phone on and it's a very good recorder and she said, this is a civil matter.
[42:42.220 --> 42:44.020]  This is not criminal.
[42:44.020 --> 42:48.820]  And then later on, she said that the, we would have an administrative hearing because I kept
[42:48.820 --> 42:54.420]  insisting that I was not guilty and she said, well, we can have an administrative hearing.
[42:54.420 --> 42:59.900]  So basically, we get a panel of citizens to look to see if any of these are actual junk
[42:59.900 --> 43:00.900]  vehicles or not.
[43:00.900 --> 43:07.820]  She didn't tell me that I was casting away my right to a jury trial by doing that.
[43:07.820 --> 43:08.820]  In their eyes.
[43:08.820 --> 43:09.820]  Okay.
[43:09.820 --> 43:17.540]  In the American Bar Association standards for the prosecutorial function, the prosecuting
[43:17.540 --> 43:30.060]  attorney is forbidden to talk to an unrepresented person and specifically forbidden to represent
[43:30.060 --> 43:34.420]  to the unrepresented person that she is a neutral party.
[43:34.420 --> 43:37.420]  Your music's playing again.
[43:37.420 --> 43:40.540]  Wait, say that again?
[43:40.540 --> 43:42.820]  Your music is playing again.
[43:42.820 --> 43:43.820]  Oh.
[43:43.820 --> 43:46.220]  We're about to fall off the cliff.
[43:46.220 --> 43:47.740]  We'll be right back.
[43:47.740 --> 43:49.300]  Stop laughing.
[43:49.300 --> 43:52.740]  I can't get it muted.
[43:52.740 --> 43:53.740]  Okay.
[43:53.740 --> 43:57.740]  That'll get me in trouble.
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[45:56.500 --> 46:22.500]  Our call toll-free 866-LAW-EZ.
[46:22.500 --> 46:48.020]  Okay, we are back.
[46:48.020 --> 46:50.220]  Randy Kelton, rule of law radio.
[46:50.220 --> 46:55.620]  You're going to give me in trouble, I was trying to get you muted, and you were laughing
[46:55.620 --> 46:59.660]  at me the whole time, Denver's going to skin me alive.
[46:59.660 --> 47:00.660]  Okay.
[47:00.660 --> 47:08.740]  What I wanted to also mention is that this prosecuted attorney, I went back and listened
[47:08.740 --> 47:17.060]  to the transcript of that recording, and she said at one point that they were a health
[47:17.060 --> 47:18.580]  and safety hazard.
[47:18.580 --> 47:21.900]  Okay, she mentioned that in that back room.
[47:21.900 --> 47:27.300]  Of course, I'm so green, you know, I don't understand anything that she's saying, health
[47:27.300 --> 47:29.140]  and safety, no they're not, you know.
[47:29.140 --> 47:34.980]  When we go back out there, she doesn't mention health and safety hazard, but the judge does
[47:34.980 --> 47:38.060]  says it's a health and safety hazard.
[47:38.060 --> 47:41.420]  So what they did, they slicked me twice.
[47:41.420 --> 47:45.900]  Number one, they gave me before an administrative hearing where they could handpick biased individuals
[47:45.900 --> 47:50.100]  to rule against me regardless of whatever information I bring because they're not going
[47:50.100 --> 47:53.700]  to be held accountable because they're not judges.
[47:53.700 --> 47:59.660]  Number two, the judge and the prosecuting attorney knew that they were going to take
[47:59.660 --> 48:07.140]  it from just junk vehicles, which was $200 maximum buying per vehicle, a vehicle, and
[48:07.140 --> 48:12.220]  they're going to jump it up to health and safety hazard, which is $2,000 of vehicles.
[48:12.220 --> 48:16.740]  So 10 times the amount maximum buying that they could find me for it.
[48:16.740 --> 48:20.700]  So they knew what they were going to do, and they're good at this.
[48:20.700 --> 48:25.300]  And I only know this because I'm looking back at all of the stuff, I've got all this paper
[48:25.300 --> 48:30.020]  work and recordings and I'm looking at everything, I'm studying it and trying to find out what
[48:30.020 --> 48:36.700]  in the world did they do, and it appears that this is a game that they play every day and
[48:36.700 --> 48:46.140]  across Texas, they make, this is just Texas, they make billions of dollars.
[48:46.140 --> 48:47.140]  Are you there?
[48:47.140 --> 48:49.380]  Yes, I'm here.
[48:49.380 --> 48:55.980]  So the point that I'm bringing up is that that's criminal activity, that's not what
[48:55.980 --> 49:02.980]  they're there for, they're there to make sure that justice is served, and instead they're
[49:02.980 --> 49:11.860]  hired guns so that municipalities can supposedly keep law and order and make lots of money.
[49:11.860 --> 49:16.580]  Does that sound foolish what I just said?
[49:16.580 --> 49:23.180]  That sounds exactly like what we've been saying on the air for a long time.
[49:23.180 --> 49:29.300]  And it's all about money, at the end of the day it's all about the money.
[49:29.300 --> 49:36.620]  The municipalities for the most part, the prosecutions in municipal court are not these
[49:36.620 --> 49:42.020]  city ordinances, for the most part by far, they're traffic ordinances, I mean sorry,
[49:42.020 --> 49:44.020]  the traffic laws.
[49:44.020 --> 49:49.700]  And we've got this, the law that demonstrates they have no power to enforce traffic in
[49:49.700 --> 49:53.500]  the first place.
[49:53.500 --> 49:59.540]  And the sheriff's department has no power to enforce traffic, it's all illegal, every
[49:59.540 --> 50:04.500]  bit of it, but it's big money.
[50:04.500 --> 50:09.300]  So how do we fix it?
[50:09.300 --> 50:20.460]  Big money, how many small municipalities out there could tolerate a million dollar suit?
[50:20.460 --> 50:25.100]  Do you go after these guys for a million dollar suit, that's a year of their revenue?
[50:25.100 --> 50:26.100]  Yeah.
[50:26.100 --> 50:32.980]  Like you said, the 800,000 a year is their budget, and you'll be going after them for
[50:32.980 --> 50:35.020]  more than their budget.
[50:35.020 --> 50:45.420]  Well, actually we will not be going after the city, we'll be going after the lawyers
[50:45.420 --> 50:49.580]  and the three members of the administrative board because now we have an adjudication
[50:49.580 --> 50:55.900]  that says that board had no jurisdiction.
[50:55.900 --> 51:04.660]  So the three members of the adjudicated board are not guilty of a crime, and we're going
[51:04.660 --> 51:12.500]  to accuse them of one, but at the end of the day, they're not, yeah, they may have acted
[51:12.500 --> 51:22.220]  maliciously, but they're still not guilty of a crime because they were led to believe
[51:22.220 --> 51:29.540]  based on the advice of competent counsel, or supposedly competent counsel, that they
[51:29.540 --> 51:32.980]  had the right to do what they were doing.
[51:32.980 --> 51:38.100]  So they have the claim of good faith reliance on competent counsel, but we're going to sue
[51:38.100 --> 51:50.780]  them anyway, and let them, give them reason to throw the lawyers under the bus, get them
[51:50.780 --> 51:56.980]  self-righteously indignant and turn them against the lawyers so you can go into court with
[51:56.980 --> 52:02.500]  these people on your side instead of their side, and then we get them to tell the court
[52:02.500 --> 52:07.140]  what the lawyer actually told them.
[52:07.140 --> 52:12.060]  That should get interesting.
[52:12.060 --> 52:19.380]  So that's kind of the strategy we're looking at, and Tim and Laura spent a year with these
[52:19.380 --> 52:24.940]  people coming after them and pulling every stinking, rotten, low-down trick they could
[52:24.940 --> 52:35.900]  come up with, and we had some pretty heated interactions there because I kept telling
[52:35.900 --> 52:41.860]  them, never screw up with some, never interfere with somebody when they're screwing up.
[52:41.860 --> 52:46.540]  And they're getting hammered, and I'm sitting back here, they're not coming after me, so
[52:46.540 --> 52:55.260]  I'm not under that pressure, but they held out, and now it turned.
[52:55.260 --> 53:00.260]  Now it's time to go after them big time.
[53:00.260 --> 53:05.580]  It's been 16 months, but the past, since the end of May, we've kind of had a little
[53:05.580 --> 53:13.260]  bit of a break because the appeals court took so long, but we got a little celebration,
[53:13.260 --> 53:15.780]  and now we get to try to finish this thing out.
[53:15.780 --> 53:22.420]  Like you said, we have to keep an attitude that's professional and not just do it out
[53:22.420 --> 53:31.060]  of vendetta, and we have to educate other people of exactly what is happening.
[53:31.060 --> 53:39.380]  What you find out when you do that, you get a lot meaner, you get down to business, and
[53:39.380 --> 53:43.740]  you don't just throw a rock or two and it makes you feel better.
[53:43.740 --> 53:53.260]  You get down and grind their soul, and the harder you hit them, the better example it
[53:53.260 --> 53:57.220]  will be to every other municipality in the state.
[53:57.220 --> 54:05.500]  What I'm looking at here is because of the nature of what they've done.
[54:05.500 --> 54:13.380]  Chapter 71, Texas Code of Criminal Procedure, Street Gang, the Street Gang Statute.
[54:13.380 --> 54:20.500]  It's called the Street Gang Statute, but it's defined as a group engaged in a criminal
[54:20.500 --> 54:32.260]  enterprise with a specific hierarchy.
[54:32.260 --> 54:36.060]  Look at that, and it looks just like the city.
[54:36.060 --> 54:39.860]  Now, it wouldn't look like the city if the city was following law, but when the city
[54:39.860 --> 54:49.260]  starts ignoring law, you have a very specific hierarchy of people acting in ways that are
[54:49.260 --> 54:55.060]  outside the limits of law, so that makes it an ongoing criminal conspiracy, and they're
[54:55.060 --> 54:59.860]  using these techniques to collect a lot of money.
[54:59.860 --> 55:06.860]  This is RICO, this is the state version of RICO.
[55:06.860 --> 55:15.820]  We take them to the state on a RICO suit and let the state continue this bad behavior.
[55:15.820 --> 55:18.900]  That's what they will do.
[55:18.900 --> 55:27.380]  That's what they will do, and all of the time we're taking them to the state, we are setting
[55:27.380 --> 55:33.980]  the record so that you can take them to the federal RICO.
[55:33.980 --> 55:40.140]  This one will be a warm-up for the next RICO.
[55:40.140 --> 55:44.420]  We'll let them give you more claims in the federal court.
[55:44.420 --> 55:48.460]  This is just going to keep getting worse for these guys.
[55:48.460 --> 55:53.060]  At this point, these guys don't have an easy option.
[55:53.060 --> 55:56.460]  They don't get to walk away from this one.
[55:56.460 --> 56:01.700]  I was going to tell you that I had a conversation.
[56:01.700 --> 56:07.260]  One of the lady friends of mine, whose husband was running for counsel, he didn't get elected.
[56:07.260 --> 56:10.300]  He missed it by two votes.
[56:10.300 --> 56:16.420]  She sent a picture of one of the council members, whose present council member now, of a junk
[56:16.420 --> 56:19.220]  vehicle beside his house that you can see from the road.
[56:19.220 --> 56:20.220]  It is actual junk.
[56:20.220 --> 56:21.220]  It's missing windows.
[56:21.220 --> 56:27.780]  It's a nice restoration project, but it's not running and it doesn't have any windows,
[56:27.780 --> 56:32.300]  so therefore it falls under the junk vehicle ordinance.
[56:32.300 --> 56:38.220]  We have proof that it was there for eight or nine months.
[56:38.220 --> 56:46.220]  That guy, the city council member that owns that, he was also on the administrative board
[56:46.220 --> 56:54.340]  that found meat guilty for the $8,000, and then they appointed him, and then he, for
[56:54.340 --> 57:03.980]  counsel, a few months later, and then he ran for office and he won by, I think, six votes.
[57:03.980 --> 57:11.580]  She posted it on there, and this council member, another council member, who's like the spokesman
[57:11.580 --> 57:15.460]  for the city council on Facebook.
[57:15.460 --> 57:20.860]  He came on there and said that he doesn't think that it was there the week before the
[57:20.860 --> 57:22.980]  election, but it was.
[57:22.980 --> 57:27.140]  Anyway, so start asking him questions.
[57:27.140 --> 57:34.260]  One of the questions I asked was the $50,000 that they had portioned for my road, because
[57:34.260 --> 57:41.100]  I have the only gravel road probably within 60 miles, but I'm in a city municipality.
[57:41.100 --> 57:44.380]  All the other roads around me are paved.
[57:44.380 --> 57:52.220]  They took $50,000 appropriated in the budget for my road, then they took it out, and then
[57:52.220 --> 57:59.340]  one of the council members, who is now the mayor, because the sitting mayor resigned
[57:59.340 --> 58:04.820]  after this past election in May, he resigned in June.
[58:04.820 --> 58:06.140]  This guy is now the mayor.
[58:06.140 --> 58:14.580]  They took over $50,000, and they took part of his private property, and they repaired
[58:14.580 --> 58:19.460]  a flooding problem, which is not something you're supposed to do.
[58:19.460 --> 58:22.140]  You're not supposed to go on private property.
[58:22.140 --> 58:26.580]  The public is not supposed to pay for private property drainage issues, and that's what
[58:26.580 --> 58:27.580]  they did.
[58:27.580 --> 58:34.620]  I'm asking him questions like that, but I'm trying to be extremely polite, so that he'll
[58:34.620 --> 58:39.620]  talk to me, because if I'm just berating him, he'll say, hang on, hang on, I'm about to
[58:39.620 --> 58:40.620]  go to break.
[58:40.620 --> 58:50.300]  Randy Kelton, Rula La Radio, I call it in number 512-646-1984, we'll be right back.
[58:50.300 --> 58:54.420]  Would you like to make more definite progress in your walk with God?
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[59:49.380 --> 01:00:02.700]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
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[01:00:15.460 --> 01:00:23.620]  into the tides of the alternative.
[01:00:23.620 --> 01:00:31.100]  Markets for the 11th of April, 2018, close with gold $1,353.22 an ounce, silver $16.68
[01:00:31.100 --> 01:00:41.300]  an ounce, Texas crude $65.51 a barrel, bitcoins at $6,902.19, ethereum at $420.80, bitcoin
[01:00:41.300 --> 01:00:55.540]  cash at $652.90, and finally litecoins at $114.34, a crypto coin.
[01:00:55.540 --> 01:01:01.220]  Today in history, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act
[01:01:01.220 --> 01:01:06.700]  of 1968, which prohibited private businesses from discriminating based on race, color, religion,
[01:01:06.700 --> 01:01:12.420]  sex, or national origin. It also prohibited unequal application of voter registration requirements,
[01:01:12.420 --> 01:01:18.300]  racial segregation in public schools, in employment, and public accommodations for places of business.
[01:01:18.300 --> 01:01:24.020]  Today in history.
[01:01:24.020 --> 01:01:28.020]  In recent news, tensions in Syria seem to have reached new levels after a chemical attack
[01:01:28.020 --> 01:01:32.340]  on civilians in the city of Douma, which left 40 dead and many injured, an attack which
[01:01:32.340 --> 01:01:36.740]  is being blamed on the democratically elected president of Syria, Bashar al-Assad, by the
[01:01:36.740 --> 01:01:41.500]  United States and on Israel by Russia, either accusatory narrative without any verified
[01:01:41.500 --> 01:01:46.340]  evidence as of yet. President Trump tweeted today Wednesday that if, quote, Russia vows
[01:01:46.340 --> 01:01:50.420]  to shoot down any and all missiles fired at Syria, get ready, Russia, because they will
[01:01:50.420 --> 01:01:55.020]  be coming in nice and new and smart, going on to warn Russia that you shouldn't be partners
[01:01:55.020 --> 01:01:59.460]  with a gas-killing animal who kills his people and enjoys it. Many in the West, including
[01:01:59.460 --> 01:02:04.540]  President Trump, have been quick to conclude that this chemical attack must have been conducted
[01:02:04.540 --> 01:02:09.660]  by Assad and his forces. Syria and Russia, on the other hand, have given approval since
[01:02:09.660 --> 01:02:13.980]  yesterday for the organization for the prohibition of chemical weapons to investigate the sign
[01:02:13.980 --> 01:02:18.820]  of the chemical slaughter. Assad has been successful in maintaining rule and support during Syria's
[01:02:18.820 --> 01:02:22.860]  seven-year civil war, a civil war that is being fought by the government of Syria and
[01:02:22.860 --> 01:02:27.780]  anti-Assad Syrian rebels that are openly being funded by Western governments, with
[01:02:27.780 --> 01:02:32.540]  ISIS being one of the more notorious splinter groups of the American-backed Syrian rebels.
[01:02:32.540 --> 01:02:37.900]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakhova posted on Facebook
[01:02:37.900 --> 01:02:42.340]  that smart missiles should be fired at terrorists and not at a legitimate government, which
[01:02:42.340 --> 01:02:47.140]  has been fighting terrorists. Or is this a trick to destroy all traces with a smart missile
[01:02:47.140 --> 01:02:50.860]  strike, and then there will be no evidence for international inspectors to look at?
[01:02:50.860 --> 01:03:20.780]  Okay, we are back. Randy Kelton will go radio, and we're talking to Tim in Texas.
[01:03:20.780 --> 01:03:31.020]  Okay, Tim, go ahead. Well, I mean, we're basically at the end of it. It's just a little nerve-wracking
[01:03:31.020 --> 01:03:36.180]  that we have to go back before the same district judge because he's not real happy with us
[01:03:36.180 --> 01:03:46.220]  in the first place. I think that was a quintessential understatement. It will be interesting to
[01:03:46.220 --> 01:03:53.380]  see how this judge conducts himself when you come back into the court. Because you mentioned
[01:03:53.380 --> 01:04:06.260]  that when you handed him a copy of the motion to recuse him, he was not happy. And he looked
[01:04:06.260 --> 01:04:12.260]  really concerned. So now he's got to look at the potential of another one, and we'll
[01:04:12.260 --> 01:04:18.460]  be filing actions against Judge Wells, the head administrative judge of the district
[01:04:18.460 --> 01:04:27.580]  that refused to recuse him. We'll go after him in the face of the ruling by the Court
[01:04:27.580 --> 01:04:34.340]  of Appeals. So we'll go after Judge Wells. He will be part of our RICO suit.
[01:04:34.340 --> 01:04:44.420]  Wait, say that again? Oh, the music's still playing. I must not have clicked the right
[01:04:44.420 --> 01:04:50.860]  button or clicked it slightly too soon. There's a timer. When I bring this in, then the music
[01:04:50.860 --> 01:04:55.860]  starts to drop down, but it doesn't drop all the way, and I have to wait five seconds to
[01:04:55.860 --> 01:05:02.900]  click the second one. I must have got my timing off a little bit. I'm not the producer, so
[01:05:02.900 --> 01:05:08.540]  somewhere my producer wasn't feeling good, so I'm producing myself. And as you can tell,
[01:05:08.540 --> 01:05:17.580]  I'm not the greatest. But we get by. Okay, so it'll be interesting to see, you know,
[01:05:17.580 --> 01:05:22.420]  this is the thing I've been talking about a long time. Let's make the pro-sale litigant
[01:05:22.420 --> 01:05:31.260]  the most dangerous person in the room. And, Tim, when you go to that hearing, you are
[01:05:31.260 --> 01:05:36.780]  definitely going to be the most dangerous person in the room. They've been looking at
[01:05:36.780 --> 01:05:44.980]  you as a two-bit pro-sale chump for a year and a half, or a year now at least. And now
[01:05:44.980 --> 01:05:52.420]  when you come back into court with them, now you're going to be absolutely, potentially
[01:05:52.420 --> 01:06:01.820]  the guy to end all of their careers. Well, and also, here's another thing, the case
[01:06:01.820 --> 01:06:08.900]  we brought against the prosecuting attorney for baritry was met and brought before a grand
[01:06:08.900 --> 01:06:15.580]  jury by the district attorney. Yeah, now you go back to the district attorney. You probably
[01:06:15.580 --> 01:06:20.420]  should have already done that. You need to do that before we go to this other hearing
[01:06:20.420 --> 01:06:30.140]  and tell him you're next, that I'm not going to be patient here, that you have secreted
[01:06:30.140 --> 01:06:38.420]  my complaints from the grand jury in violation of standing law. It's not my place to come
[01:06:38.420 --> 01:06:47.460]  in here and start another fight. So what are you going to do? And I would very much like
[01:06:47.460 --> 01:07:00.300]  to see Greg Scorm. He is a really nice guy. He is a really nice guy. And I know things
[01:07:00.300 --> 01:07:09.780]  I can never, ever reveal that tells me that Greg Lowry, if there's a prosecutor on the
[01:07:09.780 --> 01:07:21.220]  planet that has his moral center in the right place, it's Greg Lowry. He did something remarkable
[01:07:21.220 --> 01:07:29.140]  that almost couldn't believe it because it was the right thing to do. So he's back in
[01:07:29.140 --> 01:07:34.860]  a corner now. He knows Brock Smith really well. And he holds Brock Smith, the current
[01:07:34.860 --> 01:07:41.060]  district judge, in high regard. The way most everybody else in Weiss County, every other
[01:07:41.060 --> 01:07:50.620]  lawyer holds him in high regard and considers him one of the smartest lawyers in the county.
[01:07:50.620 --> 01:07:58.020]  And early on in his judicial career, some two-bit chump prose comes in and just wiped
[01:07:58.020 --> 01:08:08.540]  the floor with him. So Greg Lowry is going to have a whole different perspective on you.
[01:08:08.540 --> 01:08:15.020]  Besides, Greg knows for certain I'm behind all of this. Actually, they all do. They
[01:08:15.020 --> 01:08:23.580]  all do. They saw you in the courtroom. The thing about it is I said I irritated Brock
[01:08:23.580 --> 01:08:31.980]  Smith because I didn't know what to say when I went to court. They had highly paid attorneys
[01:08:31.980 --> 01:08:37.700]  on their side. I just stood up and just spoke my heart. You could tell I'd irritated him
[01:08:37.700 --> 01:08:42.620]  that he didn't yell at me, but he would turn his head and look the other way and go, just
[01:08:42.620 --> 01:08:46.660]  kind of, you could see he was kind of shaking his head like, what's this guy doing in here?
[01:08:46.660 --> 01:08:51.060]  He needs an attorney. And then he was relieved when I told him that I needed time to get
[01:08:51.060 --> 01:08:58.060]  an attorney. Of course, every attorney wanted at least $25,000. We'll listen to what I
[01:08:58.060 --> 01:09:06.180]  had to say. And I don't know, it just... And they asked for that amount because they
[01:09:06.180 --> 01:09:15.460]  did not want you to pay them, excuse me, that amount. The last thing they wanted was to
[01:09:15.460 --> 01:09:25.140]  go into court, crossways with Brock Smith. And not because he was the district judge,
[01:09:25.140 --> 01:09:36.660]  but because he is universally so highly regarded. Yeah. And then you wiped the floor with him.
[01:09:36.660 --> 01:09:49.020]  Well, law is confusing, or excuse me, legal procedure is confusing. There you go. Well
[01:09:49.020 --> 01:09:58.020]  said. Law is not so confusing. It's pretty straightforward. Yeah. It is the shy-stirman
[01:09:58.020 --> 01:10:07.100]  sharp practice that can get confusing. But they're all trained to do it. They are. So
[01:10:07.100 --> 01:10:19.860]  we need to train a generation of prosailiticants in good combat techniques. And everything
[01:10:19.860 --> 01:10:29.820]  that I was telling you was combat training. Been there. That's what they taught us. Never
[01:10:29.820 --> 01:10:36.300]  do anything because you're angry. Never get into a fight just because you can win it.
[01:10:36.300 --> 01:10:42.220]  Never get into a fight that if you win it, it won't move you toward your intended outcome
[01:10:42.220 --> 01:10:50.860]  because it'll exhaust some of your resources. Do everything strategic. If you are angry,
[01:10:50.860 --> 01:10:59.540]  stop. Do not move ahead until you can stop being angry. You get down, you get dirty,
[01:10:59.540 --> 01:11:07.220]  you get serious, and you get mean. That's how you win. And we need to train a whole
[01:11:07.220 --> 01:11:15.660]  group of prosailiticants in legal combat. If I had a lawyer tell me what, make no mistake.
[01:11:15.660 --> 01:11:23.420]  This is combat. And yes, he was right. Everybody's going to do everything they can to win. They're
[01:11:23.420 --> 01:11:29.020]  going to use every stinking, rotten, low-down, and dirty trick they can come up with because
[01:11:29.020 --> 01:11:39.700]  it's their job to win. So what we have to do is create a group of prosailiticants that
[01:11:39.700 --> 01:11:47.220]  are far too dangerous to mess with. And I know from my experience over all of these
[01:11:47.220 --> 01:11:54.220]  years of working with the courts and trying different things, it has become abundantly
[01:11:54.220 --> 01:12:02.620]  clear they're terrified of us. They're doing everything they can to keep us from knowing
[01:12:02.620 --> 01:12:11.900]  how dangerous we are to them. This court didn't get it done. This court got hammered big time
[01:12:11.900 --> 01:12:20.900]  and I am hoping that we can use this to start demonstrating to other people you actually
[01:12:20.900 --> 01:12:26.100]  can get these guys. But you're not going to get these guys hoping that the judge is going
[01:12:26.100 --> 01:12:35.500]  to rule in your favor. Forget that noise. Okay, maybe the judges will rule in your favor.
[01:12:35.500 --> 01:12:44.700]  But it is a very bad strategy to go into a situation thinking you're going to win. In
[01:12:44.700 --> 01:12:51.340]  combat, you can never, ever do that. You always have to anticipate that you're going to lose
[01:12:51.340 --> 01:12:56.700]  this one. You've got to have an exit strategy. You've got to have an alternate plan B and
[01:12:56.700 --> 01:13:03.580]  a plan C. You've got to step back, think about what you're doing, look at all your different
[01:13:03.580 --> 01:13:11.660]  options and avenues, and figure out how is the best way to maneuver your opponent into
[01:13:11.660 --> 01:13:21.540]  the place you need him. Right now, we're at a point, Tim, you've been maneuvering them
[01:13:21.540 --> 01:13:31.420]  the whole time. They tried every dirty trick that they could come up with and you did bank
[01:13:31.420 --> 01:13:39.740]  shots on every one of them. The judge ruled against you. You asked for findings of fact.
[01:13:39.740 --> 01:13:44.580]  He didn't respond in time bank. He used five criminal charges against him. He never saw
[01:13:44.580 --> 01:13:49.820]  that coming. Well, maybe he did because he knew I was involved with it. He probably wasn't
[01:13:49.820 --> 01:13:58.580]  that surprised. But certainly, from his behavior, he had not anticipated that. We have an enemy
[01:13:58.580 --> 01:14:00.380]  here who's overconfident.
[01:14:00.380 --> 01:14:10.180]  He was extremely, I mean, he immediately, his head faced down and he started fumbling
[01:14:10.180 --> 01:14:20.500]  through the papers. I mean, quick, his attention went from me. He was very smart and angry
[01:14:20.500 --> 01:14:26.940]  with me during court that day and even told me to be quiet and to sit down when I objected
[01:14:26.940 --> 01:14:33.740]  from the opposing attorney saying that I had caused $5,370,000 worth of damage over the
[01:14:33.740 --> 01:14:40.540]  21 years that I had been objected because it was an outright lie. He told me to sit
[01:14:40.540 --> 01:14:45.500]  down. You had your chance to speak. Now, let him speak. I mean, he pointed his finger at
[01:14:45.500 --> 01:14:51.540]  me and barked and everything. But after I handed him that paper, his demeanor changed.
[01:14:51.540 --> 01:15:02.180]  Then the day that we went there for the special hearing before the judge Evans sent court,
[01:15:02.180 --> 01:15:07.060]  we sat in Brock Smith's court and I didn't notice until I think about it until later
[01:15:07.060 --> 01:15:14.860]  on. I remember he kept confusing his words. We saw two people go up before him, two different
[01:15:14.860 --> 01:15:21.420]  cases, and both times he would say the wrong thing. So I know his attention was on me,
[01:15:21.420 --> 01:15:28.700]  my wife, the friend with us, and you. We were sitting on the second row, right in his eyesight
[01:15:28.700 --> 01:15:34.620]  in that courtroom. So it was making me nervous because he didn't know what was going to be
[01:15:34.620 --> 01:15:38.860]  said upstairs. I don't think he'd ever been through that before.
[01:15:38.860 --> 01:15:47.100]  I'm certain he hadn't. He has probably never seen Judge Faustel, the previous judge in
[01:15:47.100 --> 01:15:54.260]  that position. So he's new in the office and already we're coming after him.
[01:15:54.260 --> 01:15:55.260]  Yeah.
[01:15:55.260 --> 01:16:01.740]  And then the court ruled against him. We would like to have been a fly on the wall when he
[01:16:01.740 --> 01:16:10.620]  read the ruling. Now he knows. Now the worms turn. Now it's your turn to come after him
[01:16:10.620 --> 01:16:17.940]  and he already knows you're prepared to come after him with no compunction. And all these
[01:16:17.940 --> 01:16:23.140]  lawyers that come before him, he can screw them royal. But now you're in a position
[01:16:23.140 --> 01:16:30.060]  to where he can do nothing. Now he has to be careful of every word he says to you.
[01:16:30.060 --> 01:16:33.860]  And so it comes up. Go ahead.
[01:16:33.860 --> 01:16:38.140]  I've said, and so do I. I have to be careful of every word that I say.
[01:16:38.140 --> 01:16:46.180]  Yes, you do. And the less you say the better. The less you say the less hold he can get.
[01:16:46.180 --> 01:16:52.460]  Let's read. He can get on your hang on. About to go to break. Randy Kelton, we'll be right
[01:16:52.460 --> 01:17:03.980]  back.
[01:17:03.980 --> 01:17:10.300]  It's the 2018 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas
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[01:18:00.500 --> 01:18:05.140]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. I'm
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[01:18:14.060 --> 01:18:17.580]  volunteer as a show producer, but I'm a bit of a Luddite, and I really don't have any
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[01:19:26.220 --> 01:19:49.820]  If I can't get everything I want, we get a ranger. If I can't get everything I need,
[01:19:49.820 --> 01:20:08.220]  we get a ranger. If the people of the world can't get happiness and peace, we get a ranger.
[01:20:08.220 --> 01:20:14.300]  Okay. We are back. Randy Kelton, Real Blood Radio and Denver's back and we were talking
[01:20:14.300 --> 01:20:22.380]  on the break and she has some comments on this. Let me frame as much for everybody else
[01:20:22.380 --> 01:20:29.300]  of where we are at right here. They adjudicated against, did this administrative hearing against
[01:20:29.300 --> 01:20:36.820]  him. Then they moved to the, they immediately, they didn't try to collect the fee at all.
[01:20:36.820 --> 01:20:43.260]  They went directly to the district court immediately to get the district court to order Tim to
[01:20:43.260 --> 01:20:51.300]  pay. So we filed a subject matter jurisdiction challenge claiming that the adjudication was
[01:20:51.300 --> 01:20:59.300]  improper, making a constitutional challenge against the ability of the city to apply an
[01:20:59.300 --> 01:21:07.860]  ordinance to a non-member, non-employee or someone not in contractual privity with the
[01:21:07.860 --> 01:21:17.580]  city and claim 300 grand against them. Then they came to the judge and asked the judge
[01:21:17.580 --> 01:21:24.260]  to assess an $80,000 penalty claiming that they got this adjudication and they proved
[01:21:24.260 --> 01:21:31.180]  that he was in violation and that he's remained in violation for 80 days and $1,000 a day
[01:21:31.180 --> 01:21:37.140]  and that's what's allowed in the statute. So the judge granted them the $80,000 claim
[01:21:37.140 --> 01:21:50.060]  in the ruling itself. It said, based on this adjudication, he, he grants the $80,000 claim.
[01:21:50.060 --> 01:21:57.100]  We filed a mandamus, the mandamus court came back and said, this original adjudication
[01:21:57.100 --> 01:22:04.100]  was fraudulent with false. So our allegation, our challenge of subject matter jurisdiction
[01:22:04.100 --> 01:22:16.780]  was correct. But the court has jurisdiction to rule over a administrative penalty. So
[01:22:16.780 --> 01:22:22.020]  they didn't throw that part out. They left it to the judge to do that. So we're going
[01:22:22.020 --> 01:22:26.940]  back into a hearing on this and now Tim's already filed criminal charges against the
[01:22:26.940 --> 01:22:31.700]  judge and bar grievances against the lawyers and we're about to start stacking on a lot
[01:22:31.700 --> 01:22:35.220]  more. Okay, Deb wanted to address this issue.
[01:22:35.220 --> 01:22:39.700]  Yes, I do because I've had experience with this sort of thing in federal court and I'll,
[01:22:39.700 --> 01:22:45.460]  I'll go to that in a minute, but I have a question real quick. Randy, you're saying
[01:22:45.460 --> 01:22:54.060]  the appellate court ruled that the district court did not have subject matter jurisdiction
[01:22:54.060 --> 01:23:01.740]  over the original case because, can you make that a little bit more clear? There was an,
[01:23:01.740 --> 01:23:08.540]  because the administrative procedure that the city engaged prior to the, the district
[01:23:08.540 --> 01:23:13.900]  court case was improper and not according to code or something. Is that what you're
[01:23:13.900 --> 01:23:14.900]  saying?
[01:23:14.900 --> 01:23:25.380]  The municipal court or the city had the authority to prosecute Tim criminally, but they didn't.
[01:23:25.380 --> 01:23:33.380]  They prosecuted him civilly. In order to prosecute him civilly, they would have had to pass a
[01:23:33.380 --> 01:23:41.260]  special provision in order to be able to do that. They did that in the case of a substandard
[01:23:41.260 --> 01:23:49.420]  housing, but they did not do that in the case of junk vehicles. And the court, court ruled
[01:23:49.420 --> 01:23:56.140]  you can't hold this administrative prosecution unless you have passed this ruling.
[01:23:56.140 --> 01:24:07.540]  Did they have a, was there a building and standards commission hearing for the, whatever
[01:24:07.540 --> 01:24:13.180]  it was, $2,000 a day that ended up adding to the $80,000? Was that like a separate hearing?
[01:24:13.180 --> 01:24:16.460]  The administrative penalty?
[01:24:16.460 --> 01:24:23.700]  The $80,000 was never addressed in this court. The only thing that was addressed, the $2,000
[01:24:23.700 --> 01:24:30.500]  for each, that was done in an administrative procedure that the court said was for.
[01:24:30.500 --> 01:24:36.180]  What I'm trying to determine here is the $80,000 penalty. I thought Tim was saying the other
[01:24:36.180 --> 01:24:42.700]  night, and I'm going to bring him on the air, that $80,000 is not lawyer's fees, that that's
[01:24:42.700 --> 01:24:48.460]  because they're trying to charge him a daily fee for a continuation. And what I want to
[01:24:48.460 --> 01:24:59.340]  know is, was that determination made not by the municipal court, but was that determination
[01:24:59.340 --> 01:25:04.820]  made by an administrative body called the building and standards commission of the town
[01:25:04.820 --> 01:25:08.100]  that he lives in? Is that correct Tim?
[01:25:08.100 --> 01:25:14.260]  No, that determination was made by the district court.
[01:25:14.260 --> 01:25:21.020]  The district court made a determination to assess him a fine of $2,000 a day that was
[01:25:21.020 --> 01:25:26.700]  not by the building and standards administrative body of the municipality.
[01:25:26.700 --> 01:25:27.700]  Right.
[01:25:27.700 --> 01:25:28.700]  Is that right Tim?
[01:25:28.700 --> 01:25:31.340]  No, it was $1,000 a day.
[01:25:31.340 --> 01:25:35.580]  Hold on, hold on, hold on. But before you get into the big story, I just want to know,
[01:25:35.580 --> 01:25:42.620]  was that daily penalty, was that assessed sui sponte by the district judge, or did that
[01:25:42.620 --> 01:25:47.940]  come from an administrative body in the municipality?
[01:25:47.940 --> 01:25:54.860]  They did. It was in district court because the first thing they got was injunctive relief.
[01:25:54.860 --> 01:25:59.900]  The injunctive relief in the restraining order was me to stop doing everything because I
[01:25:59.900 --> 01:26:05.380]  was a health and safety hazard. That's what they prosecuted me for in the municipal court,
[01:26:05.380 --> 01:26:10.260]  which they, I didn't go before municipal court. It was administrative hearing. Okay.
[01:26:10.260 --> 01:26:17.300]  It was a civil hearing in administrative and it was a civil hearing in the municipal court?
[01:26:17.300 --> 01:26:18.300]  Yes.
[01:26:18.300 --> 01:26:24.380]  Okay. You sure it was not an administrative body that was called something similar to
[01:26:24.380 --> 01:26:25.380]  that?
[01:26:25.380 --> 01:26:26.380]  Hold on there.
[01:26:26.380 --> 01:26:27.380]  Okay. I just want to make sure.
[01:26:27.380 --> 01:26:31.740]  I just want to point it out as a criminal prosecution in the municipal court.
[01:26:31.740 --> 01:26:32.740]  Yes.
[01:26:32.740 --> 01:26:33.740]  Yes.
[01:26:33.740 --> 01:26:39.300]  And the shyster lawyer came in and Tim said, these vehicles are not in violation. She said,
[01:26:39.300 --> 01:26:45.820]  well, we can have an administrative hearing to determine whether or not these vehicles
[01:26:45.820 --> 01:26:50.060]  fall within the statute. And he said, okay. So they came in.
[01:26:50.060 --> 01:26:52.500]  Who said okay? Who said okay?
[01:26:52.500 --> 01:26:53.500]  Tim did.
[01:26:53.500 --> 01:26:54.500]  Oh, okay.
[01:26:54.500 --> 01:27:01.380]  And the judge ordered this hearing for this specific purpose of determining if these vehicles
[01:27:01.380 --> 01:27:08.820]  fell within the definition of junk vehicles. So he said a hearing, they come into the hearing
[01:27:08.820 --> 01:27:15.100]  and instead of adjudicating whether or not these fell within the statute, they held an
[01:27:15.100 --> 01:27:21.660]  administrative hearing to determine whether or not the vehicles were in violation of the
[01:27:21.660 --> 01:27:30.140]  statute and adjudicated against him in a supposed administrative process. And that's where the
[01:27:30.140 --> 01:27:34.300]  court said you can't do an administrative process.
[01:27:34.300 --> 01:27:36.900]  That's where the appellate court said that.
[01:27:36.900 --> 01:27:37.900]  Yes.
[01:27:37.900 --> 01:27:38.900]  Okay.
[01:27:38.900 --> 01:27:47.300]  And then there was nothing said about $1,000 a day continuing fine in the trial court.
[01:27:47.300 --> 01:27:48.900]  When did that happen?
[01:27:48.900 --> 01:27:55.740]  That was brought to the district court. By the prosecutors, they claimed that he had
[01:27:55.740 --> 01:28:01.900]  been in violation for 80 days. And we filed an opposition claiming that they didn't fall
[01:28:01.900 --> 01:28:06.260]  under. The judges didn't even read it. He just ruled in their favor out of hand.
[01:28:06.260 --> 01:28:13.540]  Okay. Well, okay. So I have a few comments here, but my basic point is going to be the
[01:28:13.540 --> 01:28:23.660]  same. You lucked out to him because, at least so far, because you agreed to this administrative
[01:28:23.660 --> 01:28:31.900]  hearing. Okay. And that is that 99.99% of the time you would have been hosed. And Randy
[01:28:31.900 --> 01:28:37.660]  may disagree with me because even if the court doesn't have subject matter jurisdiction
[01:28:37.660 --> 01:28:43.540]  or any kind of authority to hold any kind of administrative hearing like that, if you
[01:28:43.540 --> 01:28:48.860]  agree to it, that's the way it is. And I know that Randy doesn't want to hear that. I know
[01:28:48.860 --> 01:28:54.540]  a lot of people don't want to hear that, but that's the way it is because all law right
[01:28:54.540 --> 01:29:02.420]  now is by commercial agreement. And if you agree to administrative hearing, then I'm just
[01:29:02.420 --> 01:29:08.420]  saying first off, you're very blessed and protected because that right there could have
[01:29:08.420 --> 01:29:14.540]  hosed you in the entire case. However, there was enough facts on your side and the other
[01:29:14.540 --> 01:29:21.780]  side did enough things wrong that they blew it so bad that you got your mandamus. Okay.
[01:29:21.780 --> 01:29:27.100]  So hopefully that situation is covered and that will never rear its ugly head again,
[01:29:27.100 --> 01:29:30.980]  the fact that you agreed to that as so-called administrative hearing. Hopefully that's
[01:29:30.980 --> 01:29:37.580]  a dead issue. And then I have a couple of other, okay, I'm going to finish my thought
[01:29:37.580 --> 01:29:46.860]  on the other side, but I want to echo what Randy was saying before the last break to
[01:29:46.860 --> 01:29:51.900]  say as little as possible. And I have a specific strategy for that that I know works because
[01:29:51.900 --> 01:30:02.900]  I want a case in federal court. We'll be right back.
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[01:33:27.820 --> 01:33:57.660]  Okay, folks. We are back. We are here with the Logos Radio Network. We are going to
[01:33:57.660 --> 01:34:04.660]  hear with Tim and discussing this outrageous situation. Okay, I have a better idea of what's
[01:34:04.660 --> 01:34:09.700]  very complicated, very convoluted. I just wanted to, I mean, I've heard what's been
[01:34:09.700 --> 01:34:14.740]  going on for a long time, but I've heard about administrative rulings and hearings,
[01:34:14.740 --> 01:34:19.300]  administrative, this and that, and civil and criminal, and sometimes it gets a little,
[01:34:19.300 --> 01:34:23.740]  you know, a slept since then. All right, so I'm sorry. I don't have all the details in
[01:34:23.740 --> 01:34:28.540]  front of me all the time. I just wanted to make sure there wasn't any actual specific
[01:34:28.540 --> 01:34:35.620]  administrative body that ever got involved that made, you know, administrative ruling
[01:34:35.620 --> 01:34:41.260]  of the $1,000 a day because if that's what had happened, then that district judge, I'm
[01:34:41.260 --> 01:34:49.620]  sure, would have had, would have jurisdiction over the situation. But now what it's looking
[01:34:49.620 --> 01:34:57.380]  like happened is that the prosecutor or I guess the city was going to the district court
[01:34:57.380 --> 01:35:06.380]  to get a judgment of $1,000 a day based on the fact that there was an adjudication of
[01:35:06.380 --> 01:35:14.460]  guilt. And then the appellate court said the district court never had subject matter jurisdiction
[01:35:14.460 --> 01:35:18.820]  because the whole thing wasn't handled properly to begin with. They didn't have any authority
[01:35:18.820 --> 01:35:24.660]  to have an administrative hearing. But then the man, the, the mandamus also came down
[01:35:24.660 --> 01:35:30.380]  or it was like a partial mandamus. The appellate court says however the, the district judge
[01:35:30.380 --> 01:35:38.860]  has authority to rule on the penalty. Now Randy, was there, what was, did he give any
[01:35:38.860 --> 01:35:45.900]  specific reasons, findings, effect and conclusion at law of why the district court would have
[01:35:45.900 --> 01:35:49.500]  authority to, jurisdiction to rule on the penalty even though they didn't have subject
[01:35:49.500 --> 01:35:54.660]  matter jurisdiction to rule on the original case? Was there a reason? Did you read the,
[01:35:54.660 --> 01:36:02.340]  the, the ruling? I can't hear Randy. Somebody muted me when I was talking.
[01:36:02.340 --> 01:36:06.740]  Okay, what was their specific reason? There was no, they just said out of hand that he
[01:36:06.740 --> 01:36:10.940]  had jurisdiction. They didn't get, they didn't cite, he didn't cite a statute, a code, he
[01:36:10.940 --> 01:36:20.940]  didn't cite a case law or anything. Nothing. Okay, okay, okay. And so, and so now what's
[01:36:20.940 --> 01:36:28.780]  happening, what is happening is the prosecutor trying to enforce a judgment of this 80,000.
[01:36:28.780 --> 01:36:36.060]  Yes. Did the district judge actually give him a, a ruling and gave him a judgment on
[01:36:36.060 --> 01:36:41.260]  the 80,000 yet? Has that happened yet? Yes. Yes, it has. It has. Okay. And so have you
[01:36:41.260 --> 01:36:48.820]  all, now this is a move to collect. Um, and we filed, wait, wait, wait, wait, wait, wait,
[01:36:48.820 --> 01:36:54.780]  what moved to, wait, what moved to collect that he just got a judgment. That's a judgment.
[01:36:54.780 --> 01:36:59.420]  That's not a move to collect. No, they've already got the judgment. Now they've filed
[01:36:59.420 --> 01:37:07.100]  a motion for a. Oh, he got the judgment before y'all did the mandamus. Yes. Okay, okay,
[01:37:07.100 --> 01:37:13.980]  okay. So now he's trying to move to collect. Okay. So, uh, have y'all filed a motion for
[01:37:13.980 --> 01:37:18.100]  findings, effect, and conclusion, that law? Yes, we did all that and he ignored it. We
[01:37:18.100 --> 01:37:24.100]  filed a motion for reconsideration. And he. No, that's what, that's going to come before
[01:37:24.100 --> 01:37:30.620]  them when we come back to court. Okay. Y'all are going to a hearing on this again? Yes.
[01:37:30.620 --> 01:37:36.140]  This isn't all done by paperwork. What is there to discuss? No, that's a good question. There's
[01:37:36.140 --> 01:37:43.820]  nothing to discuss. And that's why I said to Tim, the less you say the better. No, no,
[01:37:43.820 --> 01:37:50.180]  I would, I would. Okay, look, look, if he, if you've, number one, the judge hasn't,
[01:37:50.180 --> 01:37:56.100]  has it ruled on the motion for reconsideration yet? No. Then what, what is the hearing for?
[01:37:56.100 --> 01:38:04.180]  Is it a motion to rule on the motion for reconsideration? Oh, okay. Okay. Well, they had the motion
[01:38:04.180 --> 01:38:12.180]  to collect and we filed motion for reconsideration to be heard in the same hearing. Okay. Okay.
[01:38:12.180 --> 01:38:17.740]  Okay. Okay. If he wants to have a, yeah, if he wants to have a motion hearing, if the judge
[01:38:17.740 --> 01:38:21.380]  wants to have a motion hearing, then here's, here's my suggestion and this is not legal
[01:38:21.380 --> 01:38:28.780]  advice is what I would do. Like Randy said, I would say as little as possible. I would,
[01:38:28.780 --> 01:38:35.140]  I would just stand on my motion and, and I wouldn't explain anything. I wouldn't try
[01:38:35.140 --> 01:38:41.660]  to extrapolate. I wouldn't, I wouldn't do anything other than if he insists that you
[01:38:41.660 --> 01:38:45.220]  speak, I'll just read the motion aloud in court. I just say, this is what I have to
[01:38:45.220 --> 01:38:53.460]  say. Period. And, and anything other than that, objections, objections. This is how
[01:38:53.460 --> 01:38:59.340]  I want, this is how I want a case in federal court against the FCC trying to shut down
[01:38:59.340 --> 01:39:06.780]  independent radio. All right. I did not do anything other than make objections. All right.
[01:39:06.780 --> 01:39:11.380]  Okay. Hold on. Hold on. As an evidentiary hearing, all I did was make objections and
[01:39:11.380 --> 01:39:16.580]  keep the other side from getting evidence entered into the record because the less you
[01:39:16.580 --> 01:39:22.740]  say, I'm serious, the less you say, the better. The burden of proof is on them. The, anything
[01:39:22.740 --> 01:39:27.940]  you say, I guarantee you can and will be used against you. And here's the, the bigger problem
[01:39:27.940 --> 01:39:36.380]  is that they know what to say and what to do to get people upset and mad. And even if
[01:39:36.380 --> 01:39:43.940]  you try to keep your cool, you may accidentally say something that will ensnare you into a
[01:39:43.940 --> 01:39:49.780]  commercial agreement at the last minute. I learned this from Harman Taylor. Like I said,
[01:39:49.780 --> 01:39:55.580]  all law is by commercial agreement, especially when it comes to regulatory stuff. The only
[01:39:55.580 --> 01:40:00.580]  law that is not by commercial agreement is common law crimes, you know, assault, robbery,
[01:40:00.580 --> 01:40:06.380]  you know, murder, these sort of things. Any other law on the books, I don't care if it's
[01:40:06.380 --> 01:40:11.780]  constitutional or not, it is by agreement. You have to agree to be regulated. And what
[01:40:11.780 --> 01:40:16.420]  will happen is you say all the right things, you do all the right things, you file all
[01:40:16.420 --> 01:40:20.220]  the right documents, you already slipped up once by agreeing to that administrative hearing.
[01:40:20.220 --> 01:40:25.020]  So you're, you're, you're blessed to the uttermost that that's not about, probably not about
[01:40:25.020 --> 01:40:30.260]  to come back on your head. But I will tell you right now, I guarantee you, I would, I
[01:40:30.260 --> 01:40:37.260]  would bet the farm on it. The real reason that they want to have emotion hearing is
[01:40:37.260 --> 01:40:47.780]  because they want to get you up there on the mic and get you to say something that is going
[01:40:47.780 --> 01:40:53.260]  to ensnare you into a commercial agreement with them. You're going to end up, they want
[01:40:53.260 --> 01:40:59.180]  you to say something that, and you won't even know what it is. Okay. You may not even realize
[01:40:59.180 --> 01:41:05.500]  it, but you'll, you will say something that will, it will blow your whole defense. It'll
[01:41:05.500 --> 01:41:10.340]  blow the whole case. You'll, you'll end up making a commercial agreement to be regulated
[01:41:10.340 --> 01:41:17.020]  at the last minute, at the very, at the 11th hour, and you'll blow your appeal. And what
[01:41:17.020 --> 01:41:20.620]  will end up happening, you'll fight it all the way to Supreme Court and you'll lose.
[01:41:20.620 --> 01:41:24.540]  And then you'll have to spend years dissecting it to figure out what exactly went wrong.
[01:41:24.540 --> 01:41:30.740]  I'm telling you, I've seen this so many times. I learned from Harman Taylor. Okay. He's been
[01:41:30.740 --> 01:41:36.380]  doing this for decades fighting the IRS, fighting all different bureaucracies of the federal
[01:41:36.380 --> 01:41:41.740]  government and property tax issues and all these things. It's the same strategy every
[01:41:41.740 --> 01:41:48.020]  time. They're not having emotion hearing just because they want to give you a hard time.
[01:41:48.020 --> 01:41:55.020]  They are trying to set you up to say something to ensnare you into a commercial agreement.
[01:41:55.020 --> 01:42:03.140]  And that's why when I had my case, I didn't cross-examine these FCC agents. I didn't, I
[01:42:03.140 --> 01:42:09.420]  didn't have anything that was like proactive or trying to, you know, like what you were
[01:42:09.420 --> 01:42:15.340]  saying last week, Tim, about, well, why don't you guys go ahead and explain just what exactly
[01:42:15.340 --> 01:42:20.260]  you think a junk vehicle is, you know, stuff like that. I was really tempted to do things
[01:42:20.260 --> 01:42:26.180]  like that in my case too. It's like, well, what exactly is you guys' idea of, you know,
[01:42:26.180 --> 01:42:32.820]  such and such? No, no, no. I just, all I did was make objections every time they said,
[01:42:32.820 --> 01:42:38.860]  I'm broadcasting, which is a commercial agreement term, you know, signal, you know, anything
[01:42:38.860 --> 01:42:46.740]  like that, like driving. It's like, no, objection. I had written objections prepared for everything.
[01:42:46.740 --> 01:42:52.500]  And I didn't, I didn't even hardly talk at all. I was just like, may I approach, Benj?
[01:42:52.500 --> 01:42:59.140]  Objection your honor. And the objection was facts not in evidence, conclusions at law
[01:42:59.140 --> 01:43:03.540]  without facts and evidence. He's making conclusions at law without facts and evidence. He's using
[01:43:03.540 --> 01:43:09.140]  a commercial term trying to apply it to me when it has not been proven yet that there's
[01:43:09.140 --> 01:43:14.420]  a commercial agreement. Facts not entered into evidence, conclusion, false conclusion
[01:43:14.420 --> 01:43:20.340]  at law. May I approach and I give him the written objection. Everything I did was objections
[01:43:20.340 --> 01:43:26.820]  to everything they said, and I won the case. Okay. And so, and I knew from the beginning,
[01:43:26.820 --> 01:43:31.060]  I knew from the beginning, and Harmon showed me all these other cases. They always try
[01:43:31.060 --> 01:43:36.580]  to ensnare you at the very last minute. If they can't get you all the way along, they
[01:43:36.580 --> 01:43:43.420]  will try to trip you up at the last minute during the trial phase before you get to appeal
[01:43:43.420 --> 01:43:50.820]  and you blow the entire appeal. So don't say anything. I'm telling you. All right, we're
[01:43:50.820 --> 01:43:57.780]  going to break. I guess Randy has some comments too. We'll be back on the other side.
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[01:45:58.940 --> 01:46:19.660]  donate today. Okay, so we're back to the final segment. They
[01:46:19.660 --> 01:46:25.540]  mean to go off so hard, but I'm glad I have a much more clear picture of things because
[01:46:25.540 --> 01:46:32.420]  quite often what will happen in smaller cases like traffic tickets, like if somebody gets
[01:46:32.420 --> 01:46:39.900]  a traffic ticket out of town, they keep making the defendant have to drive 30, 40, 50, 60
[01:46:39.900 --> 01:46:50.580]  miles away every few weeks and then the case gets continued. We call that life on probation
[01:46:50.580 --> 01:46:56.980]  for life with a monthly check-in. They end up beating you by attrition because you just
[01:46:56.980 --> 01:47:01.820]  can't afford the time and the money to keep going out of town all the time and they won't
[01:47:01.820 --> 01:47:05.500]  give you a speedy trial so you just end up paying the ticket. That's not what's going
[01:47:05.500 --> 01:47:13.540]  on here. They want to play golf, okay? They're not just trying to drag you in for this motion
[01:47:13.540 --> 01:47:19.460]  hearing just because it's fun for them or just because it's fun for them to put you
[01:47:19.460 --> 01:47:25.300]  on the spot or give you a hard time. It may have started out that way, but you've kicked
[01:47:25.300 --> 01:47:34.180]  their butt so hard all the way and now they have a mandamus against them. You know that
[01:47:34.180 --> 01:47:41.460]  they are going to pull out all the stops at the last minute to try to save their case
[01:47:41.460 --> 01:47:49.300]  because this is the end. This is it. After this, there's no more. The trial court won't
[01:47:49.300 --> 01:47:55.180]  have jurisdiction anymore and you will be able to file an appeal and then you have the
[01:47:55.180 --> 01:48:00.740]  whole fact pattern. They're trying to get you to trip up and destroy your fact pattern
[01:48:00.740 --> 01:48:06.140]  at the last minute and formulate a commercial agreement with them. I have to look at the
[01:48:06.140 --> 01:48:12.020]  case to figure out exactly what's going on of what you shouldn't say and this and that,
[01:48:12.020 --> 01:48:17.860]  but here's what I did. I don't want to give you legal advice, but here's what I did and
[01:48:17.860 --> 01:48:24.940]  this was a civil case. I knew everything that the Department of Justice was going to do
[01:48:24.940 --> 01:48:30.500]  before the trial. They have to tell you through discovery. They have to give us all the documents.
[01:48:30.500 --> 01:48:38.100]  They have to tell us who the witnesses are, all these kinds of things. What I did, I knew
[01:48:38.100 --> 01:48:44.300]  exactly what all their arguments were going to be. There's no surprises. The deadline
[01:48:44.300 --> 01:48:48.780]  had passed. They couldn't amend the pleadings. They couldn't start asking for more injunctions
[01:48:48.780 --> 01:48:53.740]  or more money or anything like that. In fact, they tried to do that to me and I nailed them.
[01:48:53.740 --> 01:49:01.140]  I said objection. The deadline for amend pleadings has long passed. Totally nailed them. They
[01:49:01.140 --> 01:49:05.820]  tried to pull that on me. It didn't work. Anyways, so what I did or what Harman Taylor
[01:49:05.820 --> 01:49:13.700]  and I did and Jerry, we got together and we looked at all the documents that they gave
[01:49:13.700 --> 01:49:19.540]  us in discovery and list of witnesses and the blah, blah, blah, blah, blah, and we wrote
[01:49:19.540 --> 01:49:29.740]  up a whole heap of written objections to everything. We had standing objections that we wrote too.
[01:49:29.740 --> 01:49:34.260]  We had standing objections so that I wouldn't have to file a written objection every time
[01:49:34.260 --> 01:49:40.900]  they would use the word broadcast or every time they would use the word operate, things
[01:49:40.900 --> 01:49:46.100]  like that. I would still verbally object but I had standing objections but I also had other
[01:49:46.100 --> 01:49:51.020]  written objections for any other thing that they wanted to bring up that I could possibly
[01:49:51.020 --> 01:49:58.460]  conceive of. That's what I would do if I was in your shoes. If they asked me to argue
[01:49:58.460 --> 01:50:06.540]  my motion, I would just say, motion's there. The appellate court has already issued a red
[01:50:06.540 --> 01:50:11.740]  mandamus. You and Randy can work out your document, whatever you're going to file in
[01:50:11.740 --> 01:50:16.460]  response to this. I mean, you should file something in response saying, look, they don't
[01:50:16.460 --> 01:50:20.340]  have jurisdiction. The trial court never had subject jurisdiction. You obviously don't
[01:50:20.340 --> 01:50:25.940]  have jurisdiction for this objection. There's no jurisdiction but just keep it really simple
[01:50:25.940 --> 01:50:32.700]  and try not to say hardly anything other than making objections because this is the time
[01:50:32.700 --> 01:50:39.900]  to make the objections. This is the time to totally, oh my gosh, they are going to try
[01:50:39.900 --> 01:50:46.300]  to get you in a trap and get you to say something and to ensnare you in a commercial agreement
[01:50:46.300 --> 01:50:52.660]  at the last second. No, this is the time for you to take advantage. This is your last opportunity
[01:50:52.660 --> 01:51:00.300]  to make objections to every little thing that they are going to try to slide by at the last
[01:51:00.300 --> 01:51:06.100]  second. You object to every commercial term they use. You never agree to any of this,
[01:51:06.100 --> 01:51:10.020]  whatever. I mean, well, you have a car repair shop so you may not be able to object to the
[01:51:10.020 --> 01:51:14.180]  word vehicle. I'm not sure all the details. But you and Randy work it out. You figure
[01:51:14.180 --> 01:51:19.580]  out everything that they're going to bring up. It's already clear what they're going
[01:51:19.580 --> 01:51:26.700]  to do. You write your written objections and then objection your honor and then you can
[01:51:26.700 --> 01:51:32.060]  go, there's a little handbook on how to make objections and what things are proper objections.
[01:51:32.060 --> 01:51:35.100]  You can't just say objection. You have to have a specific reason according to the rules
[01:51:35.100 --> 01:51:40.060]  of court. Randy can go over that. May I approach? You file your written objections. You file
[01:51:40.060 --> 01:51:45.780]  them written, not just verbally. You go over the transcript of the hearing too. You make
[01:51:45.780 --> 01:51:52.860]  sure it's transcribed. It better be transcribed district court. Then you go over the transcript
[01:51:52.860 --> 01:51:58.780]  and if it's out of whack, you file objections after the fact. I had to file objections to
[01:51:58.780 --> 01:52:04.940]  some of the hearings I was in. There was a little, some discrepancies. But basically,
[01:52:04.940 --> 01:52:11.980]  you want to rely on your objections. Written objections say as little as possible. Don't
[01:52:11.980 --> 01:52:18.020]  cross-examine witnesses. Don't do stuff like that. If you want to have a very short opening
[01:52:18.020 --> 01:52:23.700]  and closing statement, that's fine. But this is a motion hearing. This isn't an evidentiary
[01:52:23.700 --> 01:52:29.260]  hearing but they're going to try to turn it into an evidentiary hearing. That's their
[01:52:29.260 --> 01:52:36.180]  trick. That's what they did to you before. They tricked you. They were going to have
[01:52:36.180 --> 01:52:44.820]  this administrative hearing on one issue and they hoodwinked you and they turned it into
[01:52:44.820 --> 01:52:49.460]  an evidentiary hearing at the last second. I know other people that have the same thing
[01:52:49.460 --> 01:52:54.460]  has happened to them. They agreed to have a motion hearing on something, something, something,
[01:52:54.460 --> 01:52:59.660]  and then they slammed them with an evidentiary hearing at the last second. This is kind of
[01:52:59.660 --> 01:53:06.940]  what they're going to do again. It's framed as a motion hearing and they may not bring
[01:53:06.940 --> 01:53:13.540]  up any other, any new evidence but how they're going to try to twist it into an evidentiary
[01:53:13.540 --> 01:53:18.860]  hearing is to try to trip you up into saying something to make a commercial agreement with
[01:53:18.860 --> 01:53:25.860]  them and that's going to be the evidence. Use the opportunity to get your objections
[01:53:25.860 --> 01:53:34.260]  in and just leave it at that. Then after the hearing is over, after the judge won't make
[01:53:34.260 --> 01:53:41.380]  any more findings, effects, and conclusions or anything else, then once you get to appeal,
[01:53:41.380 --> 01:53:47.660]  once you get on your appeal, that's when you get to talk. That's when you get to just
[01:53:47.660 --> 01:53:53.780]  lay into everything because now you've got the record laid down. This is the time to
[01:53:53.780 --> 01:54:06.420]  lay down the record and to preserve your objections. Randy, what is the sound about right? I have
[01:54:06.420 --> 01:54:12.260]  one on this strategy and I'm telling you it's the same thing every single time. They try
[01:54:12.260 --> 01:54:17.060]  to get you hoodwinked into a commercial agreement at the last second and then you ruin your
[01:54:17.060 --> 01:54:24.060]  appeal. Tim, I really beat this up. I have one more
[01:54:24.060 --> 01:54:28.580]  caller and it looks like a first time caller. Wait a minute. I don't know who this is, Randy.
[01:54:28.580 --> 01:54:31.940]  It's anonymous, anonymous. We have, it could be just somebody calling to listen that doesn't
[01:54:31.940 --> 01:54:36.020]  know that this is a caller line. Why don't you go ahead and talk to Tim and I'll screen
[01:54:36.020 --> 01:54:47.860]  this call. Okay, go ahead, Tim. I want to say that Deb wasn't exactly correct in what
[01:54:47.860 --> 01:54:54.540]  she said that she beat them. She didn't beat them. She wiped the floor with them and she
[01:54:54.540 --> 01:54:59.820]  wiped the floor with them because she didn't do what they expected her to. She didn't walk
[01:54:59.820 --> 01:55:06.700]  into their traps and maneuvers. Okay, go ahead, Tim. I guess we'll go over that, but
[01:55:06.700 --> 01:55:11.180]  I was trying to just tell her that I didn't know if she understood. This is a motion to
[01:55:11.180 --> 01:55:16.340]  compel. They want to get all of my financial records. That's all this is and it has to
[01:55:16.340 --> 01:55:21.100]  do with the tough to act also. That's something Laura sent me an email while you guys were
[01:55:21.100 --> 01:55:27.780]  talking to remind you of that. So this is stuff that has not been thrown out by the
[01:55:27.780 --> 01:55:34.140]  district court and I'm assuming that's what the appeals court did was to give the district
[01:55:34.140 --> 01:55:38.260]  court an opportunity to... Okay, they're trying to... This is a motion
[01:55:38.260 --> 01:55:46.260]  to compel discovery. Okay, so this is what you need to do. I went through the same thing.
[01:55:46.260 --> 01:55:56.540]  You have to file a motion for stay of execution of the judgment pending the appeal of the
[01:55:56.540 --> 01:56:02.940]  case. Now, the district court is going to deny it, okay, but you do it, but that's what
[01:56:02.940 --> 01:56:11.100]  you do anyway. You just try and if they deny it, then you may have to file an interlocutory...
[01:56:11.100 --> 01:56:17.180]  Well, probably not an interlocutory appeal, but a mandamus or something, but basically
[01:56:17.180 --> 01:56:22.380]  you have to file... I mean, they're going to try to do other... I mean, they're still
[01:56:22.380 --> 01:56:28.660]  going to try to... How do we get you into a commercial agreement? But if they're filing
[01:56:28.660 --> 01:56:35.500]  a lawsuit for collections or to compel discovery, I mean, have they actually filed the lawsuit
[01:56:35.500 --> 01:56:37.820]  for collections or they're just trying to compel discovery?
[01:56:37.820 --> 01:56:43.140]  Yeah, they just want discovery. No, no, no. They can't do that. They're not entitled
[01:56:43.140 --> 01:56:49.300]  to discovery until they have to file a suit to collect as far as I know. I mean, it may
[01:56:49.300 --> 01:56:55.900]  depend on the situation, but most of the time they have to file a collection suit. But at
[01:56:55.900 --> 01:57:04.620]  any rate, either way, you file a motion for stay of execution of the judgment until pending
[01:57:04.620 --> 01:57:10.660]  the appeals because it's so outrageous because they never had jurisdiction to begin with
[01:57:10.660 --> 01:57:19.660]  and it gets denied. I would interlocutory appeal the denial of that immediately if... Pending
[01:57:19.660 --> 01:57:25.500]  your... The appeal of the actual case. You see what I'm saying? The judge is going to
[01:57:25.500 --> 01:57:32.380]  deny your motion for stay. You immediately interlocutory appeal that and then you file...
[01:57:32.380 --> 01:57:37.780]  While pending your actual appeal. And you may get it. The appellate court already gave
[01:57:37.780 --> 01:57:45.820]  you the mandamus. And they gave the trial court the opportunity to do the right thing
[01:57:45.820 --> 01:57:52.980]  if he doesn't. The trial court's problem is that they're looking at... That he's looking
[01:57:52.980 --> 01:58:01.460]  at going back before the same judge is in an appeal. They've already stung him once.
[01:58:01.460 --> 01:58:05.100]  So it'll be interesting to see what he does at this next hearing. Yeah, you have to...
[01:58:05.100 --> 01:58:09.940]  You need to file a motion for stay before that hearing. I'll have that. I'll have that
[01:58:09.940 --> 01:58:16.380]  file. Motion for stay of execution of the judgment. If it gets denied, I mean, I will
[01:58:16.380 --> 01:58:20.620]  have to look at it. It's either going to be an immediate interlocutory appeal or an immediate
[01:58:20.620 --> 01:58:27.940]  appeal. So you can go over this some more, but that's the step. And object and file objections
[01:58:27.940 --> 01:58:35.300]  on everything they say. Okay, we are out of time. Thank you. Thank you, Deb, for stepping
[01:58:35.300 --> 01:58:41.380]  in. We'll be back next Thursday at our regular time. This is Randy Kelton, Debber Stevens,
[01:58:41.380 --> 01:58:50.660]  rule of law radio. Thank you all for listening and good night.
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