ROL_2018-10-12_16k_Hr1-2.timecode

[00:00.000 --> 00:07.680]  The following newsflash is brought to you by The Low Star Lowdown, providing you jelly
[00:07.680 --> 00:15.440]  bulletins for the commodity market, today in history, news updates, and the inside scoop
[00:15.440 --> 00:23.600]  into the tides of the alternative.
[00:23.600 --> 00:29.640]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce.
[00:29.640 --> 00:41.000]  Over $16.68 an ounce, Texas crew $65.51 a barrel, bitcoins $6,902.19, ethereum $420.80,
[00:41.000 --> 00:55.520]  bitcoin cash $652.90, and finally lite coins at $114.34, a crypto coin.
[00:55.520 --> 01:01.240]  Today in history, the year 1968, President Lyndon B. Johnson signed the Civil Rights Act
[01:01.240 --> 01:06.200]  of 1968, which prohibited private businesses from discriminating based on race, color,
[01:06.200 --> 01:08.000]  religion, sex, or national origin.
[01:08.000 --> 01:12.640]  It also prohibited unequal application of voter registration requirements, racial
[01:12.640 --> 01:18.360]  segregation in public schools, and employment, and public accommodations for places of business.
[01:18.360 --> 01:24.000]  Today in history.
[01:24.000 --> 01:28.000]  For recent news, tensions in Syria seem to have reached new levels after a chemical attack
[01:28.000 --> 01:32.280]  on civilians in the city of Douma, which left 40 dead and many injured, an attack which
[01:32.280 --> 01:36.720]  is being blamed on the democratically elected President of Syria Bashar al-Assad by the
[01:36.720 --> 01:41.480]  United States and on Israel by Russia, either accusatory narrative without any verified
[01:41.480 --> 01:43.360]  evidence as of yet.
[01:43.360 --> 01:46.840]  President Trump tweeted today, Wednesday, that if, quote, Russia vows to shoot down
[01:46.840 --> 01:51.200]  any and all missiles fired at Syria, get ready, Russia, because they will be coming in nice
[01:51.200 --> 01:52.920]  and new and smart.
[01:52.920 --> 01:56.480]  Going on to warn Russia that you shouldn't be partnered with a gas-killing animal who
[01:56.480 --> 01:58.640]  kills its people and enjoys it.
[01:58.640 --> 02:02.680]  Many in the West, including President Trump, have been quick to conclude that this chemical
[02:02.680 --> 02:06.880]  attack must have been conducted by Assad and his forces.
[02:06.880 --> 02:11.080]  Syria and Russia, on the other hand, have given approval since yesterday for the organization
[02:11.080 --> 02:15.600]  for the prohibition of chemical weapons to investigate the site of the chemical slaughter.
[02:15.600 --> 02:19.440]  Assad has been successful in maintaining rule and support during Syria's seven-year civil
[02:19.440 --> 02:24.040]  war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[02:24.040 --> 02:28.800]  rebels that are openly being funded by Western governments, with ISIS being one of the more
[02:28.800 --> 02:32.560]  notorious splinter groups of the American-backed Syrian rebels.
[02:32.560 --> 02:37.880]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook
[02:37.880 --> 02:42.200]  that smart missiles should be fired at terrorists and not at a legitimate government, which
[02:42.200 --> 02:44.440]  has been fighting terrorists.
[02:44.440 --> 02:48.280]  Or is this a trick to destroy all traces with a smart missile strike, and then there will
[02:48.280 --> 02:55.280]  be no evidence for international inspectors to look at?
[03:18.280 --> 03:35.040]  Okay, Howdy Howdy, Randy Kelton, Rue La Radio on this Friday, the 12th day of October, 2018.
[03:35.040 --> 03:42.600]  I don't have a producer today, so I'm not sure how loud I'm going out, and when I came
[03:42.600 --> 03:48.160]  on I wasn't getting sound as loud as I expected, so I can't be sure how loud I'm
[03:48.160 --> 03:49.160]  going out.
[03:49.160 --> 03:55.240]  If you can hear me okay, I bet the phone lines turned on, or I now have the phone lines turned
[03:55.240 --> 03:56.240]  on.
[03:56.240 --> 04:02.320]  If you have a question or comment, give me a call, I'll be taking your calls all night,
[04:02.320 --> 04:06.560]  and if I'm too soft, call and let me know.
[04:06.560 --> 04:15.000]  They're calling number 512-646-1984, and it looks like we have a caller already, he's
[04:15.000 --> 04:17.160]  probably telling me I'm not loud enough.
[04:17.160 --> 04:18.160]  Hello, Tim.
[04:18.160 --> 04:19.160]  Hello, sir.
[04:19.160 --> 04:20.160]  Can you hear me okay?
[04:20.160 --> 04:21.160]  Oh yeah, you sound great.
[04:21.160 --> 04:22.160]  Okay, good, good.
[04:22.160 --> 04:23.160]  I was afraid I had some technical difficulties.
[04:23.160 --> 04:24.160]  No, you sound good.
[04:24.160 --> 04:40.000]  I have a question for you tonight about Open Meetings Act in Texas here.
[04:40.000 --> 04:44.480]  Individual wanting to get on the agenda for the upcoming meeting has to do so before 72
[04:44.480 --> 04:51.480]  hours when they post the agenda, and so he called down there and they said, well, would
[04:51.480 --> 04:58.600]  you mind being on the comment section at the first, you know, they only give you three
[04:58.600 --> 05:02.480]  minutes and then the council doesn't have to answer you.
[05:02.480 --> 05:08.360]  So I pulled up something and I read it and it sounded to me like it was where he had
[05:08.360 --> 05:13.680]  to because of freedom of speech, but apparently they called the attorneys and the attorneys
[05:13.680 --> 05:16.200]  said that that's not what that says.
[05:16.200 --> 05:21.520]  They do not have to let anybody on the agenda if they don't want to.
[05:21.520 --> 05:26.440]  So I thought, well, I'll call Randy and see what Randy has to say about something like
[05:26.440 --> 05:34.320]  that and if there's a higher law that would govern something such as that because he's
[05:34.320 --> 05:39.320]  a former council member, but he was basically going to get up and bring up a bunch of items
[05:39.320 --> 05:48.000]  that the council would have to basically answer to or say that they didn't know or they didn't
[05:48.000 --> 05:49.960]  care or something.
[05:49.960 --> 05:56.360]  Well, unfortunately, the lawyers are right.
[05:56.360 --> 06:03.720]  The council members have the authority to control the agenda.
[06:03.720 --> 06:16.640]  Say they have a known racist out there, a clansman that wants to get on the agenda.
[06:16.640 --> 06:21.600]  They don't have to put him on, or if they have someone like Tim, they don't have to
[06:21.600 --> 06:24.040]  put him on.
[06:24.040 --> 06:31.120]  No, no, they can control their agenda.
[06:31.120 --> 06:39.840]  There are things they can't control, open records, but this they can.
[06:39.840 --> 06:48.480]  I have hammered open meetings issues before, and there are a lot of things they can't do,
[06:48.480 --> 06:50.760]  but that's one thing they can.
[06:50.760 --> 06:54.920]  So they don't have to let a person on the agenda if they don't want to.
[06:54.920 --> 06:55.920]  Right.
[06:55.920 --> 07:01.320]  Oh, boy.
[07:01.320 --> 07:09.880]  It would be better for them to listen, but if they don't, in your case, this whole thing
[07:09.880 --> 07:13.160]  is turning against them.
[07:13.160 --> 07:18.800]  Have you sent in the bar grievances or any of these bar grievances we were working on?
[07:18.800 --> 07:19.800]  No, not yet.
[07:19.800 --> 07:26.800]  Laura, you haven't sent in the bar grievances, have you?
[07:26.800 --> 07:27.800]  Now she hasn't really had a chance.
[07:27.800 --> 07:28.800]  Well, Laura's blaming you.
[07:28.800 --> 07:33.880]  Okay, we have mediation coming up, so we need a couple of bar grievances in their hands
[07:33.880 --> 07:41.320]  enough for them to realize that you will be taking them apart piece by piece.
[07:41.320 --> 07:46.240]  Well, I think they've responded to us about the mediation, except to say that they didn't
[07:46.240 --> 07:56.040]  receive the docketing statement for the appeal, and so did you just rescind it without comment?
[07:56.040 --> 07:57.200]  Resend what?
[07:57.200 --> 07:59.880]  The docketing statement.
[07:59.880 --> 08:07.640]  Laura sent an email with a picture of it showing where it was CC'd to them.
[08:07.640 --> 08:13.520]  Okay, then let them gripe all they want to, docketing statements.
[08:13.520 --> 08:16.800]  But we have to do something about it anyway.
[08:16.800 --> 08:24.560]  We have to do something about Monday to let the appeals court know or it gets dropped.
[08:24.560 --> 08:28.640]  We let the appeals court know what?
[08:28.640 --> 08:35.040]  To know either one that we object to mediation for a reason or that we have come together
[08:35.040 --> 08:36.040]  on mediation.
[08:36.040 --> 08:41.840]  Okay, you didn't say mediation, so I wasn't sure where you were going to.
[08:41.840 --> 08:55.520]  Okay, so have you noticed the city of your mediator?
[08:55.520 --> 08:59.960]  Notice the city of our mediator.
[08:59.960 --> 09:03.520]  The other side that you have found a mediator that you suggest?
[09:03.520 --> 09:08.000]  Yes, we noticed them who we wanted and we did it by email.
[09:08.000 --> 09:13.040]  Okay, but we did not send it to the attorneys.
[09:13.040 --> 09:15.920]  We just sent it to the mayor and the mayor pro tem and they said, well, they were going
[09:15.920 --> 09:20.120]  to get with the attorneys and get back to us and he has not done that.
[09:20.120 --> 09:24.040]  So I took that as them dragging their feet trying to make us run out of time.
[09:24.040 --> 09:25.040]  Yeah.
[09:25.040 --> 09:27.360]  If they've done it the whole time.
[09:27.360 --> 09:31.400]  Well, you're talking about run out of time on the appeal.
[09:31.400 --> 09:34.960]  Run out of time on the appeal, run out of time on the mediation, everything.
[09:34.960 --> 09:42.440]  Yeah, well, mediation from your perspective is not terribly important because everything
[09:42.440 --> 09:46.320]  is moving to your favor now.
[09:46.320 --> 09:47.640]  Okay.
[09:47.640 --> 09:49.800]  So you don't lose much by mediation.
[09:49.800 --> 09:59.920]  They may lose an opportunity, but you won't lose much once this goes to appeal.
[09:59.920 --> 10:08.720]  At the very least, dismissal with prejudice will be overturned.
[10:08.720 --> 10:15.680]  And the case that was based on has already been overturned, so dismissal with prejudice
[10:15.680 --> 10:18.400]  is absolutely improper.
[10:18.400 --> 10:19.400]  That'll get overturned.
[10:19.400 --> 10:25.400]  Then we come back and move for change of venue.
[10:25.400 --> 10:32.680]  But if we can't get any change of venue, then we just step it up to the federal court in
[10:32.680 --> 10:45.400]  a Rico suit because the city has been noticed that the lawyers have been committing baritry
[10:45.400 --> 10:53.400]  and that baritry has already been sustained by court of appeals ruling.
[10:53.400 --> 10:55.800]  So that's rest of your Dakota.
[10:55.800 --> 11:03.880]  And if they continue the same pattern of abuse, then it's done so knowingly and maliciously.
[11:03.880 --> 11:08.360]  And it becomes an ongoing criminal enterprise.
[11:08.360 --> 11:21.200]  Well, we were looking to buy more time to get our appeals in, and I'm guessing that
[11:21.200 --> 11:22.200]  everything...
[11:22.200 --> 11:25.760]  I got your appeal, that is not a problem.
[11:25.760 --> 11:31.640]  Here's the deal about appeal, you've got to get something in by the deadline.
[11:31.640 --> 11:36.280]  It can be trash, but you've got to get something in by the deadline, and then you can follow
[11:36.280 --> 11:40.080]  it up with an amendment.
[11:40.080 --> 11:46.640]  Just so long as something's in by the deadline, and when I write documents, I'm always looking
[11:46.640 --> 11:47.640]  at appeal.
[11:47.640 --> 11:53.560]  I tell people that you never expect to win the case in the trial court.
[11:53.560 --> 11:55.520]  Everything is about setting the record for appeal.
[11:55.520 --> 12:02.240]  So when I write documents, I write them with the consideration that I will be using this
[12:02.240 --> 12:05.080]  information to construct and appeal with.
[12:05.080 --> 12:09.520]  So it's not like I have to construct one from scratch, scratch, we've already got all the
[12:09.520 --> 12:10.520]  arguments.
[12:10.520 --> 12:13.280]  The judge's just ignored them.
[12:13.280 --> 12:24.440]  The judge, he's new, so he gets it back that they overturned the original municipal decision,
[12:24.440 --> 12:25.440]  which was through...
[12:25.440 --> 12:26.440]  It was void.
[12:26.440 --> 12:27.440]  They found it void.
[12:27.440 --> 12:28.440]  Okay.
[12:28.440 --> 12:32.320]  But they didn't overturn the jurisdiction that the district court actually had.
[12:32.320 --> 12:36.400]  So they basically sent it back to the district court in order for the district court to say,
[12:36.400 --> 12:45.200]  you know, my summary judgment was based on the facts, and the facts are now unsubstantiated
[12:45.200 --> 12:51.760]  because of the void ruling and a void proceeding, but he didn't do that.
[12:51.760 --> 12:54.840]  And for the life of me, I'm trying to figure out, why wouldn't he?
[12:54.840 --> 13:01.200]  Is it because he expects his rulings to be overruled in the appeals court?
[13:01.200 --> 13:02.200]  Somehow I doubt that.
[13:02.200 --> 13:03.200]  Yeah.
[13:03.200 --> 13:04.200]  I think so.
[13:04.200 --> 13:11.080]  He's a new judge, and that's kind of a black eye, especially when he's dealing with a
[13:11.080 --> 13:12.080]  prosaic.
[13:12.080 --> 13:15.360]  Well, you think he did it out of pride?
[13:15.360 --> 13:19.080]  I mean, I'm trying to analyze him here, you know.
[13:19.080 --> 13:25.360]  You might have heard his feelings, you know, he's very well respected in the community,
[13:25.360 --> 13:31.520]  and very well liked, and you come in right off the bat and stung him good.
[13:31.520 --> 13:38.240]  He acted a bit arrogant and, you know, disregarded prosaics, which they always do, but he didn't
[13:38.240 --> 13:41.960]  expect the prosaic to come back and stung him.
[13:41.960 --> 13:42.960]  Yeah.
[13:42.960 --> 13:51.960]  And once you stung him, now he's wanting to pay you back for stinging him.
[13:51.960 --> 13:52.960]  Yeah.
[13:52.960 --> 14:00.000]  But if we do this right, everything he does will make his position worse.
[14:00.000 --> 14:08.960]  I think he didn't read Joplin v. Chambers that says a judge has no discretion in failing
[14:08.960 --> 14:11.680]  to properly apply the law to the facts.
[14:11.680 --> 14:15.440]  Failing to do so is abuse of discretion.
[14:15.440 --> 14:21.680]  Now, the way I read that, that's criminal.
[14:21.680 --> 14:27.160]  And I can't find anything to protect the judge from criminal behavior on the bench.
[14:27.160 --> 14:33.120]  We were also, the friend of mine that wants to speak before counsel was a former councilman.
[14:33.120 --> 14:39.960]  We were trying to find out where it says that the judge is supposed to be neutral in all
[14:39.960 --> 14:44.200]  of these things, just looking at the law.
[14:44.200 --> 14:48.640]  Texas rules the civil procedure 18.
[14:48.640 --> 14:49.640]  Okay.
[14:49.640 --> 14:56.520]  But you know, it must not only be neutral, he must give the appearance.
[14:56.520 --> 14:58.800]  Not neutral, not neutral, but fair.
[14:58.800 --> 15:02.240]  He doesn't say neutral, it says fair.
[15:02.240 --> 15:07.080]  The municipal judge, if you remember, he's the one that brought up that it was a health
[15:07.080 --> 15:09.080]  and safety hazard.
[15:09.080 --> 15:10.240]  Okay.
[15:10.240 --> 15:12.520]  That was never brought up by the prosecutor.
[15:12.520 --> 15:16.160]  In fact, the prosecutor almost missed what he was trying to do.
[15:16.160 --> 15:17.160]  Yeah.
[15:17.160 --> 15:19.360]  He had to repeat himself.
[15:19.360 --> 15:21.320]  So it wasn't in any of the documents.
[15:21.320 --> 15:27.560]  The code enforcement officer never said anything about a health and safety hazard.
[15:27.560 --> 15:33.760]  And the only thing we could see is the health and safety hazard they were talking about,
[15:33.760 --> 15:39.480]  and this was before the civil suit, they were talking about insects and rodents.
[15:39.480 --> 15:44.040]  That's the only thing we saw that they could have brought against us because they turned
[15:44.040 --> 15:48.720]  over the junk vehicle one because of the administrative hearing.
[15:48.720 --> 15:55.000]  And then also we brought up, I think I told you about, in the same thing that they brought
[15:55.000 --> 16:04.000]  up about parking spaces per commercial establishment, the gas station down the street is supposed
[16:04.000 --> 16:10.800]  to have a minimum of 30 parking spaces, but only has about at the max 14.
[16:10.800 --> 16:18.200]  So if they are going to enforce on us and take us to civil court for $80,000, then it
[16:18.200 --> 16:26.280]  would seem that for them not doing that, that they have given them a variance.
[16:26.280 --> 16:29.680]  Have you requested a variance, a copy of a variance?
[16:29.680 --> 16:32.280]  No, I haven't.
[16:32.280 --> 16:33.800]  That's an idea.
[16:33.800 --> 16:35.760]  Hang on, about to go to break.
[16:35.760 --> 16:44.040]  This is Randy Kelton, Rue La Radio, on this Friday, the 12th day of October 2018.
[16:44.040 --> 16:50.240]  Our call in number 512-646-1984, we do have a bunch of callers on the board, we'll get
[16:50.240 --> 16:53.680]  to everybody, we'll be right back.
[16:53.680 --> 17:10.320]  It's the 2018 Logos Radio Network annual fundraiser and gun giveaway, sponsored by Central Texas
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[19:00.600 --> 19:11.120]  If you are listening to the Logos Radio Network, www.logosradio-network.com, you're
[19:11.120 --> 19:32.640]  going to find out.
[19:32.640 --> 19:34.120]  Okay, we are back.
[19:34.120 --> 20:02.560]  I'm going to tell you about the records request thing, so I'll work on that, but the other
[20:02.560 --> 20:09.120]  thing I have is I'm trying to get the clerk's record information and I have a question about
[20:09.120 --> 20:10.120]  that.
[20:10.120 --> 20:14.760]  She had sent an email with all the documents that had been filed in the case and like one
[20:14.760 --> 20:22.240]  says 113 pages and then they'll say one and two and 44 and 41 and so I'm preparing to
[20:22.240 --> 20:30.600]  request this on Monday and want to ensure that do I have to ask for every single document
[20:30.600 --> 20:33.240]  that was actually filed in the case.
[20:33.240 --> 20:41.280]  You told the judge, no, you don't have to ask, no, you tell the judge to send the record
[20:41.280 --> 20:43.480]  to the court of appeals.
[20:43.480 --> 20:48.920]  Well, I understand that, but what they told me when I called you today over to the clerk's
[20:48.920 --> 21:00.560]  office at the 271st district, she said you notify us what you do want in the record and
[21:00.560 --> 21:02.480]  that's what we prepare.
[21:02.480 --> 21:05.880]  You don't give the clerk legal advice.
[21:05.880 --> 21:08.480]  The clerk is commanded to send the record.
[21:08.480 --> 21:13.800]  You tell her to send the record.
[21:13.800 --> 21:18.280]  If she has a question about what must be sent, go talk to Greg Lowry.
[21:18.280 --> 21:22.080]  I'm sure he'll tell her.
[21:22.080 --> 21:26.400]  Oh, wow, Randy.
[21:26.400 --> 21:29.480]  Yeah, he's her lawyer.
[21:29.480 --> 21:31.360]  He's her to give her legal advice.
[21:31.360 --> 21:38.360]  So don't you dare ask me to tell you every document to send.
[21:38.360 --> 21:44.720]  You send the record like the law says.
[21:44.720 --> 21:49.800]  She's the one that has to make sure she sends everything the court of appeals wants, not
[21:49.800 --> 21:50.800]  you.
[21:50.800 --> 21:56.480]  Okay, because that's what they have put it on is for us because the girl was quite clear
[21:56.480 --> 22:02.360]  today whenever she said, because I was asking her questions about the record and how to
[22:02.360 --> 22:03.360]  pay for it and everything.
[22:03.360 --> 22:08.640]  And she said, oh, you want everything?
[22:08.640 --> 22:10.200]  And that caught Tim Zier.
[22:10.200 --> 22:12.800]  You caught everything?
[22:12.800 --> 22:20.000]  So I am to send her an email on Monday that basically says, I can't tell you what the
[22:20.000 --> 22:22.760]  court of appeals will want as part of the record.
[22:22.760 --> 22:28.800]  Maybe you should ask Greg Lowry as your attorney and you notify me how much I have to pay for
[22:28.800 --> 22:29.800]  that.
[22:29.800 --> 22:30.800]  Exactly.
[22:30.800 --> 22:31.800]  You do?
[22:31.800 --> 22:32.800]  Okay.
[22:32.800 --> 22:33.800]  Okay.
[22:33.800 --> 22:40.080]  You are required by law to forward the record to the court of appeals.
[22:40.080 --> 22:45.440]  I'm not here to find what forward the record means.
[22:45.440 --> 22:48.440]  Okay.
[22:48.440 --> 22:51.440]  Required by law.
[22:51.440 --> 22:52.440]  Okay.
[22:52.440 --> 23:00.080]  You are required to forward the record while they really get you in a bind when they start
[23:00.080 --> 23:03.440]  trying to make you figure out what they're supposed to do then.
[23:03.440 --> 23:04.440]  Yeah.
[23:04.440 --> 23:05.440]  You leave it.
[23:05.440 --> 23:10.160]  Now, if whatever the clerk sends, if the court of appeals doesn't like it, they'll tell
[23:10.160 --> 23:12.320]  you and they'll tell the clerk.
[23:12.320 --> 23:17.320]  Then you can tell them what to send and tell them to send what the court of appeals asks
[23:17.320 --> 23:18.320]  for.
[23:18.320 --> 23:19.320]  To talk.
[23:19.320 --> 23:20.320]  Okay.
[23:20.320 --> 23:29.000]  All right, I will definitely do that because I was trying to figure out how I'm supposed
[23:29.000 --> 23:34.240]  to go through eight pages of stuff and know what the court of appeals is going to need.
[23:34.240 --> 23:35.240]  Right.
[23:35.240 --> 23:36.240]  Okay.
[23:36.240 --> 23:37.680]  That's what the clerk's job is.
[23:37.680 --> 23:40.320]  If you don't know what to send, go talk to Greg.
[23:40.320 --> 23:41.920]  He can tell you.
[23:41.920 --> 23:43.920]  All right.
[23:43.920 --> 23:45.120]  I will do that.
[23:45.120 --> 23:46.760]  And talk to Lindy.
[23:46.760 --> 23:51.800]  Lindy is the assistant, she's right outside the door and she's a college professor, teaches
[23:51.800 --> 23:52.800]  law in college.
[23:52.800 --> 23:53.800]  She can tell them.
[23:53.800 --> 23:54.800]  Okay.
[23:54.800 --> 24:00.600]  Well, and I'll do the correspondence by email so everything gets responded to that way and
[24:00.600 --> 24:07.080]  I'll send a record of it and it won't be kind of weird anyway.
[24:07.080 --> 24:10.240]  All right, then.
[24:10.240 --> 24:14.560]  He said she said everything in the record.
[24:14.560 --> 24:15.560]  Okay.
[24:15.560 --> 24:20.240]  He has more, I'm sure, so hold on.
[24:20.240 --> 24:23.320]  I don't know if I have any more or not.
[24:23.320 --> 24:27.040]  Should we try to buy more time or just go ahead and go with the schedule that we have
[24:27.040 --> 24:32.400]  now unless Monday, for some reason, they decide that they want to do mediation, will we still
[24:32.400 --> 24:35.640]  have to expand the time with the appeals court?
[24:35.640 --> 24:36.640]  No.
[24:36.640 --> 24:41.040]  We'll go ahead and get the appellate document in in time.
[24:41.040 --> 24:45.520]  I think you've got, once the appeal is perfected, I think you've got to either see
[24:45.520 --> 24:49.240]  60 or 90 days to file the appellate brief.
[24:49.240 --> 24:50.240]  Okay.
[24:50.240 --> 24:55.520]  Well, we'll send that as a question to the court too that's been helping us, so.
[24:55.520 --> 24:56.520]  Okay.
[24:56.520 --> 24:57.520]  Go from there.
[24:57.520 --> 24:59.520]  It's easy enough to look up.
[24:59.520 --> 25:01.520]  I think it's 60 days.
[25:01.520 --> 25:04.720]  I think the Fed is 90 days, but I never am sure which is which.
[25:04.720 --> 25:06.520]  I always have to go check.
[25:06.520 --> 25:07.520]  Okay.
[25:07.520 --> 25:11.000]  But either one of them, it won't be hard to meet those requirements.
[25:11.000 --> 25:12.000]  Right.
[25:12.000 --> 25:13.000]  Okay.
[25:13.000 --> 25:16.120]  Well, okay, so that's where we stand.
[25:16.120 --> 25:19.520]  I guess we really don't have anything else to say.
[25:19.520 --> 25:20.520]  Okay.
[25:20.520 --> 25:21.520]  All right.
[25:21.520 --> 25:27.280]  In that case, we are going to go to Mark in Wisconsin.
[25:27.280 --> 25:29.280]  Hello, Mark.
[25:29.280 --> 25:30.880]  Hello, Mr. Kelton.
[25:30.880 --> 25:35.280]  How are you on this fine wintery evening?
[25:35.280 --> 25:36.280]  Wintery?
[25:36.280 --> 25:38.280]  I wouldn't know from wintery.
[25:38.280 --> 25:47.280]  Well, up here I had to go ahead and take in the garden for the freezing takes hold, so.
[25:47.280 --> 25:51.280]  Oh, better you than me.
[25:51.280 --> 25:57.280]  Yeah, but we don't have termites, so you know, say that.
[25:57.280 --> 26:04.280]  Well, I'm in Tennessee at the moment, but on Monday I'll be heading back to Texas.
[26:04.280 --> 26:05.280]  Okay.
[26:05.280 --> 26:09.160]  I've got a couple of questions.
[26:09.160 --> 26:16.160]  The second round will be more philosophical, and you seem to like those questions, and
[26:16.160 --> 26:17.160]  so do I.
[26:17.160 --> 26:25.240]  First one, it looks like I'm going to be filing in the Fed for under the Fair Debt Collection
[26:25.240 --> 26:30.600]  Practices Act for the various and sundry things that happened in the Small Claims
[26:30.600 --> 26:42.760]  Court case, and what I'm thinking is I start off with that with the pre-law suit discovery,
[26:42.760 --> 26:49.080]  notably trying to get everything that wasn't given to me plus other things at the state
[26:49.080 --> 26:51.080]  level.
[26:51.080 --> 26:55.360]  So what do you think of that particular idea?
[26:55.360 --> 27:04.160]  The only thing you can get in the form of pre-legation discovery are, what do you call
[27:04.160 --> 27:05.160]  it?
[27:05.160 --> 27:11.160]  I hate when I lose words, but depositions.
[27:11.160 --> 27:12.160]  Depositions.
[27:12.160 --> 27:13.160]  Okay.
[27:13.160 --> 27:23.720]  Well, amazingly, I can depose the gentleman in Wisconsin without too much expense.
[27:23.720 --> 27:29.680]  Depositions just straight up, or?
[27:29.680 --> 27:30.680]  You can do both.
[27:30.680 --> 27:33.720]  You can do video, or you can do a bit.
[27:33.720 --> 27:34.720]  Okay.
[27:34.720 --> 27:35.720]  Okay.
[27:35.720 --> 27:43.080]  But no discovery, no erogatories, no admissions, no productions.
[27:43.080 --> 27:44.080]  Okay.
[27:44.080 --> 27:45.080]  All right.
[27:45.080 --> 27:50.120]  I will have to do a bit more noodling on that then to make sure.
[27:50.120 --> 27:56.200]  The second one here, as you know from the history, and we'll just kind of bring this
[27:56.200 --> 28:04.520]  up to speed for the listeners who may be new, I've had a series of very unproductive bar
[28:04.520 --> 28:12.600]  grievances and notably very bad behavior as far as I'm concerned of attorneys.
[28:12.600 --> 28:21.160]  Ultimately a group of attorneys signing an affidavit where the attorney signing the affidavit
[28:21.160 --> 28:29.680]  knew the gentleman and had known him since 1992 and knew the statements being made in
[28:29.680 --> 28:36.960]  the deposition, or in the, affidavit was verifiably false.
[28:36.960 --> 28:45.000]  Ultimately that was taken to the bar grievance, they wrote back and said, we're not going
[28:45.000 --> 28:50.160]  to talk about your old case anymore, and the attorney, the direct attorney in the case did
[28:50.160 --> 28:51.160]  nothing wrong.
[28:51.160 --> 28:56.480]  They said nothing about the fact that I was actually bar grieving the attorney who had
[28:56.480 --> 29:01.760]  the witness thing acted as the witness with the false statements.
[29:01.760 --> 29:03.880]  They just ignored it entirely.
[29:03.880 --> 29:10.560]  And then of course in the small claims action, the attorney trying to serve me at a building
[29:10.560 --> 29:15.600]  with no roof, all kinds of other things there.
[29:15.600 --> 29:23.480]  What I'm thinking for ha-has and giggles, what about taking what was done, the philosophy
[29:23.480 --> 29:30.120]  that was done most recently in Baltimore where the federal government came in to watch the
[29:30.120 --> 29:34.880]  Baltimore police department saying you guys aren't doing your job, we're going to oversee
[29:34.880 --> 29:36.360]  you.
[29:36.360 --> 29:40.960]  And applying that to the Wisconsin Supreme Court and say federal government, he said
[29:40.960 --> 29:48.200]  Wisconsin Supreme Court is not actually doing their job with monitoring and disciplining
[29:48.200 --> 29:50.880]  the lawyers in Wisconsin.
[29:50.880 --> 29:53.520]  I need you guys to step in.
[29:53.520 --> 30:02.040]  They are essentially subordinating perjury.
[30:02.040 --> 30:04.480]  Coffee might not be so bad after all.
[30:04.480 --> 30:09.160]  In fact, researchers say drinking a cup of Joe every day can help keep the doctor away.
[30:09.160 --> 30:13.040]  I'm Dr. Catherine Albrecht and I'll be back in a moment to talk about the health benefits
[30:13.040 --> 30:14.920]  of coffee.
[30:14.920 --> 30:16.520]  Privacy is under attack.
[30:16.520 --> 30:20.120]  When you give up data about yourself, you'll never get it back again.
[30:20.120 --> 30:24.880]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.880 --> 30:26.320]  So protect your rights.
[30:26.320 --> 30:29.840]  Say no to surveillance and keep your information to yourself.
[30:29.840 --> 30:32.640]  Privacy, it's worth hanging on to.
[30:32.640 --> 30:36.920]  This public service announcement is brought to you by StartPage.com, the private search
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[30:43.840 --> 30:46.160]  For years, coffee has gotten a bad rap.
[30:46.160 --> 30:50.960]  True, it can be addictive and even spite blood pressure, but researchers now say coffee could
[30:50.960 --> 30:52.480]  actually be good for you.
[30:52.480 --> 30:56.920]  Did you know that regular coffee drinkers have a lower risk of type 2 diabetes?
[30:56.920 --> 31:01.920]  Coffee may also prevent colon cancer, gallstones, liver damage, and Parkinson's disease.
[31:01.920 --> 31:06.040]  And anyone who said to pull an all-nighter can tell you that coffee improves alertness
[31:06.040 --> 31:07.840]  and increases endurance.
[31:07.840 --> 31:11.320]  Coffee has many perks, but doctors caution against overconsumption.
[31:11.320 --> 31:15.720]  Two cups a day is generally okay, but more can cause jitters, insomnia, and other health
[31:15.720 --> 31:19.600]  risks, as with most things in life, moderation is the key.
[31:19.600 --> 31:49.560]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:49.560 --> 32:04.400]  Thank you!
[32:04.400 --> 32:14.800]  Thank you very much.
[32:14.800 --> 32:18.280]  place to place, the right to act in our own private capacity, and most importantly, the
[32:18.280 --> 32:20.240]  right to due process of law.
[32:20.240 --> 32:24.120]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.120 --> 32:25.960]  our rights through due process.
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[32:29.480 --> 32:33.240]  most comprehensive teaching tool available that will help you understand what due process
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[33:04.000 --> 33:33.000]  We're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:33.000 --> 33:34.000]  We are back.
[33:34.000 --> 33:40.800]  We're in the Kelton Rule of Law Radio on this Friday, the 12th of October, 2018, and we're
[33:40.800 --> 33:43.000]  talking to Mark in Wisconsin.
[33:43.000 --> 33:45.160]  All right.
[33:45.160 --> 33:50.000]  Where we last left our intrepid heroes, I heard you say there's the morning perjury,
[33:50.000 --> 33:55.480]  and then there was a giant scream and burst into flames as we drove off the cliff.
[33:55.480 --> 33:58.520]  Well, I'm going to blame you for that.
[33:58.520 --> 33:59.520]  Okay.
[33:59.520 --> 34:01.400]  Well, that happens often with me.
[34:01.400 --> 34:02.400]  Sure.
[34:02.400 --> 34:03.400]  I've got broad shoulders.
[34:03.400 --> 34:04.400]  I'll take the blame.
[34:04.400 --> 34:09.360]  Yeah, Deborah never buys it when I try to blame somebody else.
[34:09.360 --> 34:23.600]  But yeah, if you gave the supreme notice of aggravated perjury, and instead of acting
[34:23.600 --> 34:29.960]  on the criminal accusation, they acted to shield a person from prosecution.
[34:29.960 --> 34:30.960]  That's the morning perjury.
[34:30.960 --> 34:36.840]  And if you look at an 18 U.S. code, you don't have to look very deep.
[34:36.840 --> 34:46.280]  It's right up there at the top, 18 U.S. code 4, and 3 has been repealed.
[34:46.280 --> 34:51.280]  So apparently the legislature took that real serious.
[34:51.280 --> 34:52.280]  Okay.
[34:52.280 --> 34:53.280]  Okay.
[34:53.280 --> 35:01.600]  Now, the Supremes were notified via, there are a couple ways the Supremes know about
[35:01.600 --> 35:09.720]  the first case and the weirdness there, or suborned perjury there.
[35:09.720 --> 35:17.600]  Notably, it was all through, not only through the office of lawyer regulation, but then
[35:17.600 --> 35:29.000]  I had filed a regular lawsuit, and the chief judge for the county in which the events happened,
[35:29.000 --> 35:35.520]  they ultimately threw the case out because I didn't have the paperwork done properly,
[35:35.520 --> 35:36.520]  which is fine.
[35:36.520 --> 35:37.800]  I don't mind that.
[35:37.800 --> 35:42.240]  But they were notified there and documents were produced there.
[35:42.240 --> 35:49.680]  So in that, the Supremes proper haven't been noticed on that.
[35:49.680 --> 35:57.480]  When I wrote them a letter complaining, their answer was, back was, go talk to the bar grievance
[35:57.480 --> 35:58.480]  committee.
[35:58.480 --> 35:59.480]  Okay.
[35:59.480 --> 36:08.720]  How does the Supreme, does the Supreme handle bar grievances in Wisconsin?
[36:08.720 --> 36:11.120]  I know they do in Colorado.
[36:11.120 --> 36:17.200]  They appointed, they appointed, they appoint, so that they don't get their hands dirty.
[36:17.200 --> 36:24.280]  They appoint the office of bar grievance, which shares the same building, et cetera,
[36:24.280 --> 36:34.080]  and the head of that office is appointed by the Supreme Court, and they must become a
[36:34.080 --> 36:41.240]  Wisconsin, be a Wisconsin lawyer within six months, excuse me, of their appointment.
[36:41.240 --> 36:46.960]  So they're right up to it in their elbows, if not in their shoulders.
[36:46.960 --> 36:58.680]  Well, just they appoint them, and it's not like they're elected or somebody else does
[36:58.680 --> 37:06.920]  it, if the Supreme appoints them, the Supremes respond to yet superior.
[37:06.920 --> 37:12.280]  And filed against them, since they did have knowledge of it, when the people they appointed
[37:12.280 --> 37:19.400]  were given knowledge, given notice that criminal acts had been committed to have to do the
[37:19.400 --> 37:20.400]  report, though.
[37:20.400 --> 37:27.400]  Do you have a statute in Wisconsin that requires a person with knowledge of a felony to report
[37:27.400 --> 37:31.320]  that knowledge?
[37:31.320 --> 37:36.760]  The certain kinds of felonies, I remember looking this up, and this is where I found
[37:36.760 --> 37:42.800]  out that people who have a private investigator license must report all crimes, otherwise
[37:42.800 --> 37:45.000]  it's a classic misdemeanor.
[37:45.000 --> 37:49.720]  So that was going to, at the point where I go through the plastic hassle there, that'll
[37:49.720 --> 37:51.360]  be fun.
[37:51.360 --> 38:02.440]  But I'll have to go double check, there is, of course, a mandatory, every attorney has
[38:02.440 --> 38:06.400]  the duty to report misconduct.
[38:06.400 --> 38:15.320]  There's that section in our Supreme Court rules 20, because, of course, I've written,
[38:15.320 --> 38:18.280]  I've complained on something like that.
[38:18.280 --> 38:20.080]  They tap dance around the issue.
[38:20.080 --> 38:27.520]  Wait a minute, hold on, if that's in the Supreme Court rules, then that's all wrapped
[38:27.520 --> 38:32.240]  up in due process.
[38:32.240 --> 38:41.000]  You have a right to a reasonable expectation of due process law, and a denial of due process.
[38:41.000 --> 38:49.960]  This is how we trap the judges in Texas over an examining trial.
[38:49.960 --> 38:53.400]  They said, well, you don't have a right to an examining trial, and I told the judge,
[38:53.400 --> 38:54.400]  so what?
[38:54.400 --> 38:55.920]  What's that got to do with anything?
[38:55.920 --> 39:00.120]  Well, if you don't have a right to one, I can't hold one.
[39:00.120 --> 39:03.000]  Where'd you come up with that nonsense?
[39:03.000 --> 39:08.680]  The code specifically commands you to.
[39:08.680 --> 39:10.280]  So this is a matter of due process.
[39:10.280 --> 39:17.680]  I have a right to reasonable expectation that the law will be followed in my case.
[39:17.680 --> 39:22.800]  If you fail to follow the law in my case, then you denied me due process, and that is
[39:22.800 --> 39:26.120]  something I have a right to.
[39:26.120 --> 39:33.200]  This judge, after the hearing, he said that in his practice, he represents criminal clients,
[39:33.200 --> 39:39.880]  and he's been trying to get the judges to give them examining trials.
[39:39.880 --> 39:44.360]  They've been using the same argument he used on me, and he said, I can use your argument
[39:44.360 --> 39:46.360]  in my trials.
[39:46.360 --> 39:48.280]  Good.
[39:48.280 --> 39:57.000]  We just had someone go to court in the Houston area, where we've had the documents from my
[39:57.000 --> 40:05.520]  ticket site filed a couple of times, and the guy went into the primary hearing, to the
[40:05.520 --> 40:13.000]  first hearing, and the judge looked at his paperwork and set his case for an examining
[40:13.000 --> 40:15.000]  trial.
[40:15.000 --> 40:24.320]  Whoa, that means we got somebody's attention, and I haven't really pushed that side at all.
[40:24.320 --> 40:31.360]  I haven't had too many people using it, but as soon as we get launched, then we will press
[40:31.360 --> 40:39.480]  that thing heavy, and we may get the examining trials in old cases, because the law has no
[40:39.480 --> 40:43.440]  way around it.
[40:43.440 --> 40:48.640]  The point is, they have a duty to follow law.
[40:48.640 --> 40:56.880]  They have a duty to provide you your rights as they are written in the law, and the rules
[40:56.880 --> 41:04.240]  of court are written by the supreme, but they are a part of due process, to sting them.
[41:04.240 --> 41:11.640]  Well, and in fact, under the new e-filing rules, they wanted things to be e-filed, and
[41:11.640 --> 41:16.720]  one particular set of documents wasn't e-filed.
[41:16.720 --> 41:18.360]  So there was that.
[41:18.360 --> 41:30.000]  Ultimately, the second judge in this thing that just concluded, she refused to have additional
[41:30.000 --> 41:38.120]  hearings, and ultimately, I brought up the Wisconsin 137 electronic contract.
[41:38.120 --> 41:44.440]  It says in 137, and there's been no adjudication on this matter, it says in 137 that if there's
[41:44.440 --> 41:48.360]  an electronic contract, you have a right to a copy.
[41:48.360 --> 41:56.040]  I asked for a copy, I asked for a copy in discovery, and not once, but twice, the credit
[41:56.040 --> 42:02.800]  card company wrote to the court, we have the electronic application, but we can't produce
[42:02.800 --> 42:09.040]  it, which would appear to be a violation of that section in 137 that if you cannot produce
[42:09.040 --> 42:17.000]  a printout of the contract, the contract null and void.
[42:17.000 --> 42:19.720]  Did you ask for that ruling?
[42:19.720 --> 42:26.840]  I asked for a hearing on it, and I put it into my arguments, and she refused to have
[42:26.840 --> 42:28.840]  a hearing about it.
[42:28.840 --> 42:38.040]  Charges, to now the due process, if an adjudicative right to petition the court for redress agreements,
[42:38.040 --> 42:40.160]  I'd call that official misconduct.
[42:40.160 --> 42:49.560]  Okay, good, good, I've got that, now what I was thinking of doing because I'm an insufferable
[42:49.560 --> 42:59.480]  bastard, is to go ahead and use 96801, which 96801 is the criminal process in the state
[42:59.480 --> 43:08.040]  of Wisconsin, 96801 says any credible person or equivalent of any credible person can ask
[43:08.040 --> 43:15.760]  either the DA or a judge to sign a criminal complaint, and what I've done was walk that
[43:15.760 --> 43:21.480]  right in front of judges where they act like I walked in unshielded plutonium.
[43:21.480 --> 43:27.520]  What I was thinking of doing is taking that and sending it, because it doesn't say what
[43:27.520 --> 43:35.360]  level of judge, I was thinking of sending off the 96801 request to the cliff, which
[43:35.360 --> 43:37.320]  we're heading towards.
[43:37.320 --> 43:45.720]  Okay, that'll work, hang on, we'll try to avoid the cliff, Randy Kelton, we'll lower
[43:45.720 --> 44:01.280]  the radio, call in number 512-646-1984, we'll be right back.
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[46:22.440 --> 46:29.920]  Okay, we are back, Randy Kelton, rule of law radio, and we're talking to Mark in Wisconsin.
[46:29.920 --> 46:32.640]  And Mark tonight is not a cliff diver.
[46:32.640 --> 46:37.440]  All right, well, we're trying not to.
[46:37.440 --> 46:44.600]  So what I was thinking of doing under the 96801 is sending three different criminal complaints
[46:44.600 --> 46:50.520]  against three different judges than I believe each of the appellate courts in the other
[46:50.520 --> 46:56.960]  districts have three people, might be five, but I was thinking of sending each one of
[46:56.960 --> 47:03.520]  the judges a different criminal complaint and then ask for an audience for them to witness
[47:03.520 --> 47:08.760]  the criminal complaint per 96801.
[47:08.760 --> 47:12.080]  Preliminary hearing per Gerstein Pugh.
[47:12.080 --> 47:17.000]  Preliminary hearing per Gerstein Pugh, okay.
[47:17.000 --> 47:24.720]  But look up Gerstein Pugh, that's a controlling case in this relatively recent mid-70s.
[47:24.720 --> 47:35.520]  And they didn't tell the states how to hold a preliminary hearing, but they did state
[47:35.520 --> 47:41.480]  that a person accused of a crime had a right to a preliminary hearing.
[47:41.480 --> 47:44.880]  And preliminary hearing is how they issue wants.
[47:44.880 --> 47:45.880]  Okay.
[47:45.880 --> 47:49.680]  They go to the judge and file a criminal accusation with the judge.
[47:49.680 --> 47:56.880]  The judge does a preliminary examination of the evidence and determines whether or not
[47:56.880 --> 48:00.480]  there is sufficient evidence to believe that a crime has been committed and this person
[48:00.480 --> 48:04.040]  committed the crime and they issue a warrant.
[48:04.040 --> 48:10.280]  The person has a right to a preliminary hearing on arrest because the judge has already held
[48:10.280 --> 48:13.120]  one in order for her to warrant.
[48:13.120 --> 48:18.880]  So you would go to the preliminary hearing the same way a police officer would to ask
[48:18.880 --> 48:24.840]  the judge to issue a warrant for the accused after a determination of probable cause.
[48:24.840 --> 48:27.800]  All right.
[48:27.800 --> 48:29.600]  So Gerstein requires them all to have it.
[48:29.600 --> 48:32.920]  They don't tell them how to do it, but they require them to have it.
[48:32.920 --> 48:33.920]  Okay.
[48:33.920 --> 48:35.560]  That ought to get their attention.
[48:35.560 --> 48:45.200]  Go to jurysimprudence.website and click top frog on the left, that's the habeas.
[48:45.200 --> 48:53.720]  The argument is in there, Gerstein pews in there and several others, Riverside v. McLaughlin,
[48:53.720 --> 48:58.040]  the number of them on this subject.
[48:58.040 --> 49:04.920]  Those are both federal, I've got some state ones in there, but primarily this is based
[49:04.920 --> 49:05.920]  on federal law.
[49:05.920 --> 49:06.920]  Okay.
[49:06.920 --> 49:12.480]  Let's get them up and you get that to the supreme, that should get them dancing up and
[49:12.480 --> 49:13.480]  down.
[49:13.480 --> 49:18.720]  Well, that's why I was looking at sending it to the appellate court because I've already
[49:18.720 --> 49:29.320]  done it to regular courtrooms with the standard, you know, asking this and so I'm sure the
[49:29.320 --> 49:34.880]  appellate court, by picking other jurisdictions, they'll suggest you.
[49:34.880 --> 49:35.880]  Okay.
[49:35.880 --> 49:45.040]  Instead of sending the complaint you gave to the trial judge, send complaint against the
[49:45.040 --> 49:50.240]  trial judge for not taking the complaint.
[49:50.240 --> 49:55.960]  I'm going to, you know, the ones where they didn't want to take the complaint or couldn't
[49:55.960 --> 50:03.480]  be bothered to schedule the time, I'm keeping those in my back pocket in the sense of, see
[50:03.480 --> 50:10.520]  the, you know, look, look, see the injustice inherent in the system rather than trying
[50:10.520 --> 50:13.000]  to convince them to move off the dime.
[50:13.000 --> 50:14.000]  Well, okay.
[50:14.000 --> 50:19.840]  Well, what it does is they're not going to move off the dime, but it puts the court of
[50:19.840 --> 50:22.400]  appeals on the dime.
[50:22.400 --> 50:28.440]  If you file against another judge, you can be pretty well certain that the court of appeals
[50:28.440 --> 50:31.560]  is not getting off that dime.
[50:31.560 --> 50:38.800]  So they'll just wrap the legal noose around their own necks and it can't be, can't be
[50:38.800 --> 50:45.800]  construed that they somehow missed something because you will be accusing them of doing
[50:45.800 --> 50:49.840]  exactly what you accused the prior judge of doing.
[50:49.840 --> 50:51.960]  Okay.
[50:51.960 --> 50:57.840]  And so now you accuse them of shielding from prosecution and they're not going to have
[50:57.840 --> 51:00.200]  much way around that one.
[51:00.200 --> 51:10.560]  Yeah, well, the, the chief judge in Milwaukee County played some games to shield a appointed
[51:10.560 --> 51:19.920]  official in the, who is a dean of, a dean in the college system, protect the dean.
[51:19.920 --> 51:25.920]  Then the two judges, the two different judges, I've got two different, the small claims matter
[51:25.920 --> 51:28.240]  have two different things.
[51:28.240 --> 51:33.800]  So I'll, I'll go ahead and write those up.
[51:33.800 --> 51:36.800]  It'll be fun.
[51:36.800 --> 51:41.160]  I think then that's all the questions that I had for you.
[51:41.160 --> 51:47.240]  I did notice that you sent a generic tweet out on Twitter, but I couldn't tell who you
[51:47.240 --> 51:49.840]  were talking to.
[51:49.840 --> 51:54.280]  So I don't know if you just mistyped or what the.
[51:54.280 --> 52:02.680]  Well, I might, I'm not good at using Twitter, I was trying to talk to a guy who is a ex-disgruntled
[52:02.680 --> 52:05.120]  lawyer tech guy.
[52:05.120 --> 52:07.160]  Ah, okay.
[52:07.160 --> 52:08.160]  Okay.
[52:08.160 --> 52:12.960]  Yeah, it seemed to have been a question directed at a person and I'm like going, well, it's
[52:12.960 --> 52:15.400]  not me that you're talking to.
[52:15.400 --> 52:16.400]  So.
[52:16.400 --> 52:17.400]  Yeah.
[52:17.400 --> 52:19.560]  It was depicted as an individual.
[52:19.560 --> 52:20.560]  Okay.
[52:20.560 --> 52:21.560]  Okay.
[52:21.560 --> 52:25.160]  So that went out to everybody and I saw it, so.
[52:25.160 --> 52:26.160]  Oops.
[52:26.160 --> 52:30.800]  I'm still doing, I guess I do a direct message and they won't go out to everybody.
[52:30.800 --> 52:33.600]  I saw that when I was almost done.
[52:33.600 --> 52:40.800]  I was looking at the, an app, this guy who came up with a ticket app a year or so ago.
[52:40.800 --> 52:45.560]  He's come up with another app where you can sue in the small claims court with his app.
[52:45.560 --> 52:46.560]  Right.
[52:46.560 --> 52:47.560]  Right.
[52:47.560 --> 52:52.840]  So I think he has all that stuff, I thought he has an open source on GitHub.
[52:52.840 --> 52:53.840]  Yeah.
[52:53.840 --> 53:02.800]  He was, this lawyer was talking back and forth with him and I wasn't ready to contact this
[53:02.800 --> 53:08.360]  kid yet, but I did want to talk to a lawyer about bringing him on board because he sounded
[53:08.360 --> 53:13.080]  like someone who was kind of in the right area.
[53:13.080 --> 53:14.080]  Okay.
[53:14.080 --> 53:24.480]  And we're getting our team together, heading down to Austin Monday and we have my, have
[53:24.480 --> 53:29.520]  the website up at legalearth.i.m and that's all a man.
[53:29.520 --> 53:34.880]  We'll probably move it to something else, but that's where it rests for the moment.
[53:34.880 --> 53:43.400]  We have a video set up, we have a PowerPoint presentation and I am finishing up the questionnaire
[53:43.400 --> 53:54.040]  on a Securities Change Commission that codes regulation A, regulation D and crowdfunding
[53:54.040 --> 53:56.720]  regulation, crowdfunding exemption.
[53:56.720 --> 53:57.720]  Okay.
[53:57.720 --> 54:05.720]  I'll have a set of questionnaires up for that and this one will be one of our best works
[54:05.720 --> 54:12.720]  because the SEC code is so incredibly complex and convoluted.
[54:12.720 --> 54:22.760]  I have just put together a list of terms that I want the SEC to define and the first term
[54:22.760 --> 54:28.440]  on the list is securities.
[54:28.440 --> 54:29.440]  What is it?
[54:29.440 --> 54:30.440]  Security.
[54:30.440 --> 54:35.240]  Now you have a definition of security and these are the terms you use in the definition
[54:35.240 --> 54:42.320]  and I'd like you to define each one of them because most of them I cannot find any definition
[54:42.320 --> 54:47.000]  for anywhere.
[54:47.000 --> 54:54.680]  So they're defining a security in these convoluted terms.
[54:54.680 --> 54:57.360]  This is a security, this is a security, this is a security.
[54:57.360 --> 55:04.680]  When you look up what that says, you can't find anything on it anywhere.
[55:04.680 --> 55:10.960]  So it can become anything they choose for it to be.
[55:10.960 --> 55:20.000]  So I'm asking them for a sightable, a concise definition that a reasonable person of ordinary
[55:20.000 --> 55:30.720]  prudence can understand and a definition as the specific position of the commission so
[55:30.720 --> 55:35.520]  that the definition is sightable in court.
[55:35.520 --> 55:42.320]  Well how many of those do you think I'm going to get?
[55:42.320 --> 55:47.560]  Probably somehow related to Slim and None in Slimlustown and his horse a while ago.
[55:47.560 --> 55:53.800]  Well now the guys in the Fort Worth and the SEC in Fort Worth, they were real accommodating.
[55:53.800 --> 56:01.000]  They told me absolutely no problem, just go to Wikipedia.
[56:01.000 --> 56:09.480]  Honest to goodness, I got an email that tells me in order to find the definition of securities
[56:09.480 --> 56:13.520]  just go to Wikipedia.
[56:13.520 --> 56:18.720]  One belt and said are you kidding me?
[56:18.720 --> 56:23.760]  You are the Securities and Exchange Commission.
[56:23.760 --> 56:33.680]  And I ask you to define securities and you send me to Investopedia.
[56:33.680 --> 56:36.680]  This is a joke, right?
[56:36.680 --> 56:44.840]  Because I didn't find it funny and I'm having great fun using it against them.
[56:44.840 --> 56:51.760]  My information request will go to the director of the commission and when I don't get the
[56:51.760 --> 56:57.680]  answers that I'm after, then we go to the Federal Court under a Declaratory Judgment
[56:57.680 --> 57:00.280]  Act.
[57:00.280 --> 57:07.200]  I'm trying to get funding for this project and the people in the space, in the crypto
[57:07.200 --> 57:16.520]  space are terrified of the SEC and I've been through the code.
[57:16.520 --> 57:22.800]  The only reason they're terrified of the SEC is because the code is a mess.
[57:22.800 --> 57:27.160]  The securities laws are not a problem.
[57:27.160 --> 57:37.200]  They say you can't collect from a person who makes under $100,000 or less than $100,000
[57:37.200 --> 57:41.880]  who has a net worth of under $100,000 or makes less than $100,000 a year, you can't collect
[57:41.880 --> 57:47.040]  more than 5% of their net worth or annually income, whichever is higher.
[57:47.040 --> 57:50.200]  What was wrong with that?
[57:50.200 --> 57:56.080]  You got retired, widowed granny over here and her money's in the bank, it's not making
[57:56.080 --> 57:58.240]  her anything, she needs to invest it.
[57:58.240 --> 58:04.400]  Why would you want to take enough to destroy her?
[58:04.400 --> 58:11.360]  If you don't want to fall within that restriction, that's a big time red flag.
[58:11.360 --> 58:15.920]  And for investors who would buy into this, that would be a big time red flag.
[58:15.920 --> 58:19.080]  I don't want to know why you don't want to follow this.
[58:19.080 --> 58:25.960]  And all of these records you have to do, well, doesn't everybody keep books?
[58:25.960 --> 58:28.880]  And doesn't everybody keep books in the computer?
[58:28.880 --> 58:33.640]  Just do a database query, quality information you need, you automate it.
[58:33.640 --> 58:40.880]  They've got one, twice a year, every two years, one every year and one every six months.
[58:40.880 --> 58:41.880]  Big deal.
[58:41.880 --> 58:46.440]  There's the other one I'll talk about on the other side for you to pick one.
[58:46.440 --> 58:50.440]  Randy Kelton, we're on radio, we'll be right back.
[58:50.440 --> 58:54.560]  Would you like to make more definite progress in your walk with God?
[58:54.560 --> 58:59.760]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.760 --> 59:01.080]  can really help.
[59:01.080 --> 59:05.560]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.560 --> 59:06.560]  today.
[59:06.560 --> 59:10.440]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.440 --> 59:13.580]  to know God and to know the meaning of life.
[59:13.580 --> 59:18.840]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.840 --> 59:23.120]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.120 --> 59:28.040]  of salvation, growing in Christ and how to build up the church.
[59:28.040 --> 59:33.040]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:33.040 --> 59:45.840]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102 or visit
[59:45.840 --> 59:47.320]  us online at bfa.org.
[59:47.320 --> 01:00:03.360]  Live free speech radio, LogosRadioNetwork.com.
[01:00:03.360 --> 01:00:20.720]  The New Testament recovery version is a free Bible and a set of free Christian books that
[01:00:20.720 --> 01:00:36.160]  will help you to know God's plan of salvation, growing in Christ and how to build up the
[01:00:36.160 --> 01:00:51.000]  church.
[01:00:51.000 --> 01:01:09.040]  Today in History, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act
[01:01:09.040 --> 01:01:13.040]  of 1968, which prohibited private businesses from discriminating based on race, color,
[01:01:13.040 --> 01:01:14.040]  religion, sex, or national origin.
[01:01:14.040 --> 01:01:15.040]  It also prohibited unequal application of voter registration requirements, racial segregation
[01:01:15.040 --> 01:01:18.040]  in public schools, and employment, and public accommodations for places of business.
[01:01:18.040 --> 01:01:28.160]  In recent news, tensions in Syria seem to have reached new levels after a chemical attack
[01:01:28.160 --> 01:01:32.440]  on civilians in the city of Douma, which left 40 dead and many injured, an attack which
[01:01:32.440 --> 01:01:36.880]  is being blamed on the democratically elected president of Syria, Bashar al-Assad, by the
[01:01:36.880 --> 01:01:41.680]  United States and on Israel by Russia, either accusatory narrative without any verified
[01:01:41.680 --> 01:01:43.520]  evidence as of yet.
[01:01:43.520 --> 01:01:47.000]  President Trump tweeted today, Wednesday, that if, quote, Russia vows to shoot down
[01:01:47.000 --> 01:01:50.960]  any and all missiles fired at Syria, get ready, Russia, because they will be coming
[01:01:50.960 --> 01:01:55.320]  in nice and new and smart, going on to warn Russia that you shouldn't be partners with
[01:01:55.320 --> 01:01:58.760]  a gas-killing animal who kills its people and enjoys it.
[01:01:58.760 --> 01:02:02.800]  Many in the West, including President Trump, have been quick to conclude that this chemical
[01:02:02.800 --> 01:02:06.960]  attack must have been conducted by Assad and his forces.
[01:02:06.960 --> 01:02:11.240]  Syria and Russia, on the other hand, have given approval since yesterday for the organization
[01:02:11.240 --> 01:02:15.840]  for the prohibition of chemical weapons to investigate the site of the chemical slaughter.
[01:02:15.840 --> 01:02:19.560]  Assad has been successful in maintaining rule and support during Syria's seven-year civil
[01:02:19.560 --> 01:02:24.160]  war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[01:02:24.160 --> 01:02:28.960]  rebels that are openly being funded by Western governments, with ISIS being one of the more
[01:02:28.960 --> 01:02:32.720]  notorious splinter groups of the American-backed Syrian rebels.
[01:02:32.720 --> 01:02:38.040]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook
[01:02:38.040 --> 01:02:42.480]  that smart missiles should be fired at terrorists and not at a legitimate government, which
[01:02:42.480 --> 01:02:46.920]  has been fighting terrorists, or is this a trick to destroy all traces with a smart
[01:02:46.920 --> 01:02:47.920]  missile strike?
[01:02:47.920 --> 01:02:51.480]  And then there will be no evidence for international inspectors to look at.
[01:02:51.480 --> 01:03:21.440]  This was Kirk Rody with your lowdowns for April 11, 2018.
[01:03:21.440 --> 01:03:40.360]  Okay, we are back.
[01:03:40.360 --> 01:03:44.960]  Randy Kelton, Rural Law Radio, and we're talking to Mark in Wisconsin.
[01:03:44.960 --> 01:03:51.760]  Okay, Mark, I didn't fall off the cliff that time, and I was talking about what I found
[01:03:51.760 --> 01:03:55.760]  in the securities laws.
[01:03:55.760 --> 01:03:58.280]  All these people went to these conventions.
[01:03:58.280 --> 01:04:04.680]  When somebody mentioned securities, everybody's eyes kind of glazed over, and they got real
[01:04:04.680 --> 01:04:06.800]  quiet.
[01:04:06.800 --> 01:04:11.000]  I recognized the look I saw.
[01:04:11.000 --> 01:04:15.800]  It reminded me of the first time I walked into a legal library.
[01:04:15.800 --> 01:04:24.360]  Rose, and rose, and rose, a book sealing the floor everywhere.
[01:04:24.360 --> 01:04:31.360]  How on earth am I to find what I need from all this garbage?
[01:04:31.360 --> 01:04:36.440]  And if you look at the Securities Change Commission, I was looking at Regulation A.
[01:04:36.440 --> 01:04:50.520]  Regulation A, first sentence, took about 100 questions to get past the first sentence.
[01:04:50.520 --> 01:05:00.520]  The reason being is the first sentence referenced an eligible security as defined by 2.30261.
[01:05:00.520 --> 01:05:10.320]  Okay, I go to 2.30261, and it's got all this stuff, and I have to ask questions for each
[01:05:10.320 --> 01:05:17.560]  one of these things in there to determine if this is an eligible security.
[01:05:17.560 --> 01:05:31.160]  And then halfway through, it references 2.271101C, so I've got to go to 2.271101C, and go through
[01:05:31.160 --> 01:05:32.160]  all those questions.
[01:05:32.160 --> 01:05:38.360]  And then 1101C, which references another one, and I've got to go through all of those before
[01:05:38.360 --> 01:05:42.760]  I can get through the first sentence.
[01:05:42.760 --> 01:05:47.520]  This is so complex and convoluted.
[01:05:47.520 --> 01:05:55.440]  No reasonable human being on the planet can read this and make sense of it.
[01:05:55.440 --> 01:05:59.480]  So I'm marking out all these places.
[01:05:59.480 --> 01:06:07.080]  You know, I've looked at the Singaporean Code and the Swiss Code, and anybody can understand
[01:06:07.080 --> 01:06:08.080]  that.
[01:06:08.080 --> 01:06:15.880]  There are none of these convoluted references to references to references to references.
[01:06:15.880 --> 01:06:22.000]  If they say eligible security, they say right there what an eligible security is.
[01:06:22.000 --> 01:06:24.800]  They don't send you to 10 other places.
[01:06:24.800 --> 01:06:32.720]  They may repeat this a number of places in the Code, but it's repeated where it's relevant.
[01:06:32.720 --> 01:06:36.600]  So you can read in the Code, you can read and understand it.
[01:06:36.600 --> 01:06:41.000]  The Securities Exchange Commission Code of Federal Regulations did not get screwed up
[01:06:41.000 --> 01:06:44.320]  by accident.
[01:06:44.320 --> 01:06:50.120]  They had to work really, really hard to make this horrible mess.
[01:06:50.120 --> 01:06:57.160]  So it turns out that while I did have to increase the technology of the questionnaire and how
[01:06:57.160 --> 01:07:03.440]  it built it, it turned out that questionnaire was absolutely perfect.
[01:07:03.440 --> 01:07:08.120]  You had to rip the codes to shreds and walk your way through them.
[01:07:08.120 --> 01:07:18.240]  The one thing that came out of it is guys in the blockchain, they're doing ICOs trying
[01:07:18.240 --> 01:07:20.440]  to avoid the SEC.
[01:07:20.440 --> 01:07:25.160]  Well, the requirements for SEC are not that big a deal.
[01:07:25.160 --> 01:07:28.840]  You know, unless you're a bad actor, they got bad actor requirements.
[01:07:28.840 --> 01:07:34.800]  You know, you'd be charged with a felony for defrauding people with securities in your
[01:07:34.800 --> 01:07:35.800]  band.
[01:07:35.800 --> 01:07:40.800]  There's some other things under bad actors, but you have to be a pretty bad guy to get
[01:07:40.800 --> 01:07:49.760]  banned from the SEC, otherwise you can't take enough to destroy somebody's life from them.
[01:07:49.760 --> 01:07:55.080]  You can't talk them into giving you their entire fortune and then you risk squandering
[01:07:55.080 --> 01:07:56.080]  it on them.
[01:07:56.080 --> 01:08:02.040]  That's not unreasonable and you got to do some bookkeeping and, you know, cinema report
[01:08:02.040 --> 01:08:08.400]  every six months or so, big deal, that can all be done automatically.
[01:08:08.400 --> 01:08:13.880]  Here's the one that I believe is the one that frightens everybody.
[01:08:13.880 --> 01:08:21.800]  If I sell you a security and I sell you that security in compliance with standing law and
[01:08:21.800 --> 01:08:29.200]  then you sell that security in variance to standing law, like under some exemptions,
[01:08:29.200 --> 01:08:39.520]  if you are a certified accredited purchaser, an accredited purchaser is not protected
[01:08:39.520 --> 01:08:40.520]  by the SEC.
[01:08:40.520 --> 01:08:47.480]  The SEC is there to protect the small people.
[01:08:47.480 --> 01:08:54.400]  They're professional investors, they're construed to understand what they're doing and understand
[01:08:54.400 --> 01:08:56.840]  the risks so they're not protected.
[01:08:56.840 --> 01:09:05.600]  If I sell a security to an accredited investor in absolute compliance with law and that accredited
[01:09:05.600 --> 01:09:13.920]  investor sells the security in violation of law because, like, if you use Regulation
[01:09:13.920 --> 01:09:16.040]  D, they can't sell it for a year.
[01:09:16.040 --> 01:09:22.560]  Well, if they sell it before the year is out, the SEC is not coming after them, they're
[01:09:22.560 --> 01:09:24.040]  coming after you.
[01:09:24.040 --> 01:09:29.800]  Now, you will have a claim against them, but you'll have to make your claim while the
[01:09:29.800 --> 01:09:33.400]  SEC is kicking your behind.
[01:09:33.400 --> 01:09:39.520]  I think this is what's gruesome more than anything, but these guys are on the blockchain.
[01:09:39.520 --> 01:09:44.960]  They've got smart contracts.
[01:09:44.960 --> 01:09:54.800]  In the blockchain with smart contracts, every transaction filters through this digital contract
[01:09:54.800 --> 01:10:01.960]  and any conditions that you want in the contract, you can put in there as a condition of sale.
[01:10:01.960 --> 01:10:09.200]  These are the only guys who can absolutely monitor every single sale.
[01:10:09.200 --> 01:10:18.000]  They're in a better position to use the SEC laws than the public offerings, the standard
[01:10:18.000 --> 01:10:23.720]  guy is selling stocks and bonds, so we're going to try to convince them of that and
[01:10:23.720 --> 01:10:32.480]  use this questionnaire to do that because it turns out there's not that many codes.
[01:10:32.480 --> 01:10:38.480]  The SEC has went to a lot of trouble to take the few codes they have and scramble them up
[01:10:38.480 --> 01:10:45.240]  so they're almost impossible to understand, but once we tear it apart with this questionnaire,
[01:10:45.240 --> 01:10:51.000]  you can walk right through those codes, go directly to the part of the code that applies
[01:10:51.000 --> 01:10:59.040]  to you and it takes all of these circular references and these references inside references
[01:10:59.040 --> 01:11:05.000]  and strings them all on a straight line so you can just walk right down them.
[01:11:05.000 --> 01:11:10.520]  So, so far I've been real excited with it, it's working really well and I'm hoping to
[01:11:10.520 --> 01:11:18.640]  have an initial copy up and online when I head to Texas next week, I'm close, my backside
[01:11:18.640 --> 01:11:27.200]  software is working, the website's up, everything else is in place, I just have to fill in the
[01:11:27.200 --> 01:11:32.520]  minor details in my questionnaire where I'm ready to rock and roll.
[01:11:32.520 --> 01:11:36.040]  So are you ready to get into securities, Mark?
[01:11:36.040 --> 01:11:48.600]  Given that I had made my pitch to the state that I was poor folk and I couldn't even afford
[01:11:48.600 --> 01:11:57.280]  the fees to file the appeal and the appeals court didn't take my argument of, they found
[01:11:57.280 --> 01:12:03.200]  it incredible that I had no clothing budget and they didn't like my argument that, have
[01:12:03.200 --> 01:12:14.000]  you seen the way I dress, so I'm not exactly in the best position to go and invest, notably
[01:12:14.000 --> 01:12:21.960]  what investments I did have in property, building inspector rolled up and said, hey, I slapped
[01:12:21.960 --> 01:12:25.480]  the condemnation notice on your property, get your attention, you can take it down,
[01:12:25.480 --> 01:12:30.320]  which of course is a violation, a class C misdemeanor, it's the only crime that a building
[01:12:30.320 --> 01:12:37.160]  inspector can commit in the state of Wisconsin explicitly and that started, that was one
[01:12:37.160 --> 01:12:46.480]  of the things that started me down the road where I have been going for now a number of
[01:12:46.480 --> 01:12:47.480]  years.
[01:12:47.480 --> 01:12:59.600]  There's another thing that I'm finding, I kind of got into this ICO and ISO thing sideways.
[01:12:59.600 --> 01:13:07.400]  It wasn't my intention to go there, but because of the nature of this product that I'm trying
[01:13:07.400 --> 01:13:15.600]  to produce, I would wind up with the Thompson routers who owns Lexus Nexus and Westlaw.
[01:13:15.600 --> 01:13:22.400]  This will dramatically undermine their business model, so I look at, okay, what are they going
[01:13:22.400 --> 01:13:27.880]  to do when I undermine their business model and when I launch this thing, I will get in
[01:13:27.880 --> 01:13:35.880]  front of every lawyer in the country in one day with solicitations for representation
[01:13:35.880 --> 01:13:41.680]  by potential clients and that will give me a vehicle to demonstrate my product to them,
[01:13:41.680 --> 01:13:45.760]  so I will hit them hard really fast.
[01:13:45.760 --> 01:13:51.840]  How is Thompson routers going to compete with me or deal with me?
[01:13:51.840 --> 01:13:57.760]  Well, they could produce a competing product, but that won't help them because it will undermine
[01:13:57.760 --> 01:14:01.320]  their business model as much as mine will.
[01:14:01.320 --> 01:14:04.640]  The other option is to buy me out.
[01:14:04.640 --> 01:14:11.120]  If I use standard financing methodologies, I'll wind up with a lot of people with a lot
[01:14:11.120 --> 01:14:16.360]  of interest in my business, and if Thompson routers sees me as a potential problem, they
[01:14:16.360 --> 01:14:25.560]  go buy out my investors at a hefty profit and shut me down, so I was kind of in a quandary
[01:14:25.560 --> 01:14:31.560]  and then I come across ICOs where you don't sell a percentage of your business.
[01:14:31.560 --> 01:14:41.480]  You sell a promise to perform work using your system in the future.
[01:14:41.480 --> 01:14:49.000]  You actually give them a fiat currency, that's what a dollar bill is.
[01:14:49.000 --> 01:14:57.960]  A dollar bill is a credit against services, and that's what these ICO guys are selling,
[01:14:57.960 --> 01:14:59.800]  it's a credit against services.
[01:14:59.800 --> 01:15:05.360]  Now, their credits are against a specific service, and a dollar is a credit against
[01:15:05.360 --> 01:15:15.240]  a fiat currency is a credit against any service, but they're still credits and fungible debt.
[01:15:15.240 --> 01:15:23.680]  So I was looking at this as a method to not have to sell a percentage of my business.
[01:15:23.680 --> 01:15:28.880]  I didn't mind giving up a percentage of my income and care about that, there's enough
[01:15:28.880 --> 01:15:34.680]  dollars, the financials show enough dollars, that's not a problem, there's just a problem
[01:15:34.680 --> 01:15:39.960]  with keeping them getting swallowed, but it led me to something else.
[01:15:39.960 --> 01:15:50.160]  I'm telling people for 20 years that are trying to protect their privacy, the guys,
[01:15:50.160 --> 01:15:57.600]  that horse got out of the barn about 25 years ago, we're a little bit late on that one,
[01:15:57.600 --> 01:16:03.560]  but in looking at the blockchain and the crypto technology, and the distributed web which
[01:16:03.560 --> 01:16:11.560]  is coming, we may actually get that privacy back.
[01:16:11.560 --> 01:16:21.840]  This will create a situation where if we get out of the banks and into the cloud, the banks
[01:16:21.840 --> 01:16:29.680]  are looking at themselves being rendered pretty well irrelevant, I had a guy in Australia
[01:16:29.680 --> 01:16:34.280]  was talking to the other day, had talked to him in years, and he said he had been waiting
[01:16:34.280 --> 01:16:41.720]  for the dollar to crash, I'm sure the dollar is not going to crash, the dollar is simply
[01:16:41.720 --> 01:16:48.240]  going to be rendered irrelevant by the blockchain, hang on, go on a break, Randy Kelton, we'll
[01:16:48.240 --> 01:16:55.240]  be right back.
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[01:19:30.920 --> 01:19:31.920]  We are back.
[01:19:31.920 --> 01:19:40.920]  Randy Kelton with LogoRadio and talking to Mark in Wisconsin about things I see happening
[01:19:40.920 --> 01:19:44.720]  on the horizon.
[01:19:44.720 --> 01:19:49.200]  All these people who have been concerned about the government being out of control, if there
[01:19:49.200 --> 01:19:58.120]  is anything that will give us a underlying substructure that will allow us to take control
[01:19:58.120 --> 01:19:59.280]  of government back.
[01:19:59.280 --> 01:20:01.160]  It is the blockchain.
[01:20:01.160 --> 01:20:09.160]  It's not readily apparent on the surface and it wasn't created for that purpose.
[01:20:09.160 --> 01:20:14.680]  But that appears to be what the outcome will be.
[01:20:14.680 --> 01:20:18.760]  The dollar will become irrelevant because we just simply won't need you to care about
[01:20:18.760 --> 01:20:19.760]  it.
[01:20:19.760 --> 01:20:25.040]  That's pretty well how the government has pretty well controlled us, is through the
[01:20:25.040 --> 01:20:31.240]  purse brings to the dollars, but the dollars are moving up into the cloud and they're moving
[01:20:31.240 --> 01:20:37.800]  up in the cloud out of the jurisdiction of the local countries.
[01:20:37.800 --> 01:20:47.120]  And the dollar is turning into a commodity, novice security is turning into barter, barter
[01:20:47.120 --> 01:20:50.680]  on a digital scale.
[01:20:50.680 --> 01:20:53.560]  It will change everything.
[01:20:53.560 --> 01:20:59.760]  The guys in Greece or Turkey who had the banks shut down and when they opened up half their
[01:20:59.760 --> 01:21:01.880]  funds were missing.
[01:21:01.880 --> 01:21:08.200]  If they had their funds in the blockchain, they wouldn't have lost a dime.
[01:21:08.200 --> 01:21:10.920]  And the countries can't get to them.
[01:21:10.920 --> 01:21:16.240]  They can't crack them because the crypto technology is the best technology there is.
[01:21:16.240 --> 01:21:18.920]  We got it from the American government.
[01:21:18.920 --> 01:21:25.080]  We put it on a server, a public server and a couple of geeks found it and when they realized
[01:21:25.080 --> 01:21:32.640]  what they had, they sent it all over the planet so that once it was out of the box, it couldn't
[01:21:32.640 --> 01:21:33.640]  be put back.
[01:21:33.640 --> 01:21:35.800]  Now we have it.
[01:21:35.800 --> 01:21:38.560]  And the blockchain is using it.
[01:21:38.560 --> 01:21:42.400]  If you had a quantum computer, you could crack it, but we don't have them.
[01:21:42.400 --> 01:21:47.800]  And if you did try to crack it, you could crack one part in a thousand and then the rest of
[01:21:47.800 --> 01:21:54.080]  them would reset so we will have systems that can't be broken into.
[01:21:54.080 --> 01:22:01.240]  We will have privacy and private transactions that governments cannot get to.
[01:22:01.240 --> 01:22:06.920]  This is coming and it is complex.
[01:22:06.920 --> 01:22:14.120]  It is different than anything most of us have ever dealt with.
[01:22:14.120 --> 01:22:17.040]  It takes a while to get your head wrapped around it.
[01:22:17.040 --> 01:22:26.000]  And it is new enough that the geeks in the space, they still only speak geek speak.
[01:22:26.000 --> 01:22:31.880]  They don't really know how to talk to the ordinary individual and explain what is going
[01:22:31.880 --> 01:22:32.880]  on.
[01:22:32.880 --> 01:22:38.120]  It is part of my job to do that and it took a while for me to really understand what
[01:22:38.120 --> 01:22:44.800]  it was and all of this jargon they are using to explain it, it turned out to be that you
[01:22:44.800 --> 01:22:49.840]  are just selling a promise, you are selling a promise to do future work.
[01:22:49.840 --> 01:22:57.720]  Like with the sale we want to do, we will sell tokens.
[01:22:57.720 --> 01:23:02.920]  And we are using tokens because we don't want to be bound to any fiat currency.
[01:23:02.920 --> 01:23:06.920]  This token always trades exactly the same on our system.
[01:23:06.920 --> 01:23:13.560]  A token will buy X amount of service from our system always.
[01:23:13.560 --> 01:23:17.560]  So if you buy it with rupees or you buy it with dollars, it doesn't make any difference
[01:23:17.560 --> 01:23:18.560]  to us.
[01:23:18.560 --> 01:23:26.000]  When it comes to us, all of our accounting is based on the same thing and it never changes.
[01:23:26.000 --> 01:23:35.760]  And we will have a sale where we will sell these tokens to a set of accredited investors
[01:23:35.760 --> 01:23:44.040]  at a 20% discount or some discount of that nature.
[01:23:44.040 --> 01:23:51.360]  And then in one year we will have a public sale where we open and sell to everybody.
[01:23:51.360 --> 01:23:58.520]  Then these guys who bought those tokens at 25% discount can then sell those to the public
[01:23:58.520 --> 01:24:01.920]  that make 25% on their money in one year.
[01:24:01.920 --> 01:24:12.120]  This is how these ICOs got going because one guy sets up an ICO and he don't even have
[01:24:12.120 --> 01:24:13.120]  a product.
[01:24:13.120 --> 01:24:19.200]  He just got a notion or an idea and he goes to these investors and says, I got an idea
[01:24:19.200 --> 01:24:21.600]  I can sell here.
[01:24:21.600 --> 01:24:26.400]  And if you invest in this idea now, we put it together and sell it in a year, you can
[01:24:26.400 --> 01:24:28.400]  turn over 25% profit.
[01:24:28.400 --> 01:24:33.720]  So they didn't care if he had a product or not, as long as he convinced somebody else
[01:24:33.720 --> 01:24:34.720]  they did.
[01:24:34.720 --> 01:24:40.440]  But then they could take their investment and sell it to this other person for a 25% profit
[01:24:40.440 --> 01:24:43.400]  and they're out of here.
[01:24:43.400 --> 01:24:45.200]  They got their money and they're gone.
[01:24:45.200 --> 01:24:49.800]  If the product collapses after that, they really care.
[01:24:49.800 --> 01:24:56.120]  And ICO because of that, there were a lot of scams, a lot of companies crashed.
[01:24:56.120 --> 01:25:07.080]  And then the investor space got very leery of ICOs and they just about ran their course.
[01:25:07.080 --> 01:25:14.880]  Now in order to get this investment, you have to deal in securities.
[01:25:14.880 --> 01:25:18.640]  Sell an ISO instead of an ICO.
[01:25:18.640 --> 01:25:28.360]  They sell initial securities offering instead of an initial coin offering.
[01:25:28.360 --> 01:25:34.280]  And you do that under the SEC regs, but they haven't been doing it because they think it's
[01:25:34.280 --> 01:25:35.280]  so difficult.
[01:25:35.280 --> 01:25:40.920]  Well, this tool is going to demonstrate it's not so difficult.
[01:25:40.920 --> 01:25:46.680]  And hoping to get it, use this as a stepping stone to get the market back up and running
[01:25:46.680 --> 01:25:52.640]  because frankly, we want everything in the cloud.
[01:25:52.640 --> 01:25:58.200]  The more money we move in the cloud, the more money we get out of the hands of government
[01:25:58.200 --> 01:26:01.680]  and the big banks.
[01:26:01.680 --> 01:26:02.680]  That's my story, Mark.
[01:26:02.680 --> 01:26:03.680]  I'm sticking to it.
[01:26:03.680 --> 01:26:04.680]  All right.
[01:26:04.680 --> 01:26:05.680]  Questions?
[01:26:05.680 --> 01:26:11.560]  Next time you come on, I'm going to expect you to know everything you used to know about
[01:26:11.560 --> 01:26:12.560]  ICOs.
[01:26:12.560 --> 01:26:13.560]  Okay.
[01:26:13.560 --> 01:26:16.880]  That's a tall order.
[01:26:16.880 --> 01:26:20.400]  I do have a couple of questions.
[01:26:20.400 --> 01:26:24.640]  I wouldn't ask too much of you.
[01:26:24.640 --> 01:26:34.280]  Well, since I know somebody who's busy trying to do some kind of ICO legal thing, is this
[01:26:34.280 --> 01:26:43.400]  show going to be archived someplace so I could point the archive, him at the archive because
[01:26:43.400 --> 01:26:46.040]  I know the site is still down.
[01:26:46.040 --> 01:26:48.280]  Deborah, have it up in a couple of days.
[01:26:48.280 --> 01:26:49.280]  Okay.
[01:26:49.280 --> 01:26:51.840]  I'll look for it then.
[01:26:51.840 --> 01:26:57.800]  And then the privacy thing, that kind of statement was made over a decade ago.
[01:26:57.800 --> 01:27:07.520]  I want to say Scott O'Neill or Scott McNeill from Sun Microsystems had made such a statement
[01:27:07.520 --> 01:27:09.960]  about privacy as you're making.
[01:27:09.960 --> 01:27:16.280]  So many pearls have been clutched over that and the issues with privacy.
[01:27:16.280 --> 01:27:22.360]  And it's taken, that's about when the blockchain first came about.
[01:27:22.360 --> 01:27:29.040]  And it's taken this long to get it implemented and get it moving toward the mainstream.
[01:27:29.040 --> 01:27:38.360]  But for a technology that will change everything, that's not a very long lock cycle.
[01:27:38.360 --> 01:27:46.080]  And one last little tidbit, since the card that the small claims action I was having
[01:27:46.080 --> 01:27:53.400]  was with Capital One, what's interesting is they had a movement to put and they've moved
[01:27:53.400 --> 01:27:58.040]  their back end, quote, to the cloud, unquote.
[01:27:58.040 --> 01:28:05.640]  I don't have confirmation yet, but I wouldn't be surprised if the whole reason the event
[01:28:05.640 --> 01:28:15.640]  came about in 2016 with them is they had been holding on to the data for a good decade.
[01:28:15.640 --> 01:28:20.360]  And when they moved to the cloud, they didn't migrate all the data properly.
[01:28:20.360 --> 01:28:23.640]  And so the account got remarked as active.
[01:28:23.640 --> 01:28:25.640]  Oh, okay.
[01:28:25.640 --> 01:28:32.480]  So just to, you know, I'm going to see if I can get that proven out.
[01:28:32.480 --> 01:28:37.960]  But I have a few statements and if this is something you care about, drop me an email
[01:28:37.960 --> 01:28:45.680]  and I'll forward to you the information I have about Capital One moving all their stuff,
[01:28:45.680 --> 01:28:49.280]  quote, to the cloud, unquote.
[01:28:49.280 --> 01:28:53.200]  Basically they wanted to unemployed a bunch of their data centers and so they're running
[01:28:53.200 --> 01:28:59.360]  a whole bunch of their back end now on some cloud provider.
[01:28:59.360 --> 01:29:08.800]  Interesting, I'm wondering if it's just cloud or if it's distributed web?
[01:29:08.800 --> 01:29:16.720]  The particular said it was cloud, they made it sound like it was AWS and Amazon's infrastructure,
[01:29:16.720 --> 01:29:24.840]  but I don't know 100% whose infrastructure it's on, but they wanted to unemployed slash
[01:29:24.840 --> 01:29:31.200]  change their financial model, I'm guessing, so that they had less employees kind of thing
[01:29:31.200 --> 01:29:33.960]  by outsourcing it.
[01:29:33.960 --> 01:29:36.560]  And there's the cliff and I'll let you go to the next caller.
[01:29:36.560 --> 01:29:42.400]  Okay, thank you Mark, Randy Kelton, rule of law radio, our call in number 512-646-1984.
[01:29:42.400 --> 01:29:50.480]  It's a good time to go to the website and check out our fundraiser.
[01:29:50.480 --> 01:29:54.960]  We still have a fundraiser, we haven't been doing as well as we needed to and we're kind
[01:29:54.960 --> 01:29:59.680]  of struggling to keep this thing up, so check it out, we'll be right back.
[01:29:59.680 --> 01:30:04.720]  Turnabout is fair play, unless you're videotaping the cops.
[01:30:04.720 --> 01:30:09.400]  While police can freely film the public, citizens doing the same could wind up in handcuffs.
[01:30:09.400 --> 01:30:13.560]  I'm Dr. Catherine Albrecht and I'll tell you more about policing the police in just
[01:30:13.560 --> 01:30:14.680]  a moment.
[01:30:14.680 --> 01:30:20.040]  Your search engine is watching you, recording all your searches and creating a massive database
[01:30:20.040 --> 01:30:22.000]  of your personal information.
[01:30:22.000 --> 01:30:23.000]  That's creepy.
[01:30:23.000 --> 01:30:25.080]  But it doesn't have to be that way.
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[01:30:44.560 --> 01:30:50.160]  Filming the police could land you in the slammer, case in point, Anthony Gruber.
[01:30:50.160 --> 01:30:55.360]  Arrested after posting footage of his speeding citation on YouTube, he faced a 16-year prison
[01:30:55.360 --> 01:30:57.360]  term for wiretapping.
[01:30:57.360 --> 01:31:01.760]  His footage featured a plainclothes state trooper jumping out of an unmarked car, screaming
[01:31:01.760 --> 01:31:05.680]  at Gruber and brandishing a gun before identifying himself.
[01:31:05.680 --> 01:31:08.800]  Gruber spent 26 hours in jail and had his computer seized.
[01:31:08.800 --> 01:31:13.000]  While his case was later thrown out of Maryland court, videographers in other states could
[01:31:13.000 --> 01:31:14.000]  be convicted.
[01:31:14.000 --> 01:31:17.960]  Documenting police practices empowers the people and should be legal.
[01:31:17.960 --> 01:31:22.600]  I say let the cameras roll, it might just put the civil back in civil servant.
[01:31:22.600 --> 01:31:30.920]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:30.920 --> 01:31:36.320]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.320 --> 01:31:38.360]  The government says that fire brought it down.
[01:31:38.360 --> 01:31:43.360]  However, 1500 architects and engineers concluded it was a controlled demolition.
[01:31:43.360 --> 01:31:47.360]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:31:47.360 --> 01:31:48.800]  force responders have died.
[01:31:48.800 --> 01:31:52.640]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction office,
[01:31:52.640 --> 01:31:57.360]  I'm an Air Force pilot, I'm a father who lost his son, we're Americans, and we deserve
[01:31:57.360 --> 01:31:58.360]  the truth.
[01:31:58.360 --> 01:32:00.720]  Go to RememberBuilding7.org today.
[01:32:00.720 --> 01:32:03.480]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.480 --> 01:32:06.480]  Did your home receive hail or wind damage from the recent storms?
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[01:32:11.120 --> 01:32:14.720]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.720 --> 01:32:18.520]  That's why you have insurance and Hill Country Home Improvements can handle the claim for
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[01:32:31.080 --> 01:32:32.320]  the first time.
[01:32:32.320 --> 01:32:40.960]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com, mention the crypto show and get $100 off,
[01:32:40.960 --> 01:32:45.600]  and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.600 --> 01:32:50.760]  So if those out-of-town roofers come knocking, your door should be locked in.
[01:32:50.760 --> 01:32:56.800]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.800 --> 01:32:59.040]  Discounts are based on full roof replacement.
[01:32:59.040 --> 01:33:22.160]  I mean, I actually be kidding about chemtrails.
[01:33:22.160 --> 01:33:28.760]  Okay, we are back, Randy Kelton of Rule of Law Radio on this Friday, the 12th day of
[01:33:28.760 --> 01:33:41.720]  October, 2018, and we're going to Mauricio in, I don't know what state, hello Mauricio.
[01:33:41.720 --> 01:33:44.840]  Hello Mauricio, that didn't get you unmuted.
[01:33:44.840 --> 01:33:47.680]  Oh, there we go.
[01:33:47.680 --> 01:33:48.680]  Okay.
[01:33:48.680 --> 01:33:52.400]  Can you hear me?
[01:33:52.400 --> 01:33:53.400]  Now I can.
[01:33:53.400 --> 01:33:54.400]  Yes.
[01:33:54.400 --> 01:33:55.400]  There you are.
[01:33:55.400 --> 01:33:56.400]  Hi, Randy.
[01:33:56.400 --> 01:33:57.400]  How's it going?
[01:33:57.400 --> 01:33:58.400]  It's going good.
[01:33:58.400 --> 01:34:00.920]  What do you have for us today?
[01:34:00.920 --> 01:34:05.560]  Well, we've got an interesting thing.
[01:34:05.560 --> 01:34:10.760]  We've been doing some work on our DA's office.
[01:34:10.760 --> 01:34:13.880]  I guess to catch you up a little bit.
[01:34:13.880 --> 01:34:22.400]  The city of Premont mayor was caught by surveillance camera and paper trail filling up family members'
[01:34:22.400 --> 01:34:25.360]  automobiles with a city credit card.
[01:34:25.360 --> 01:34:30.600]  Now when the chief of police presented that to the DA, and not so many words, but the
[01:34:30.600 --> 01:34:38.920]  DA basically said he'd be sitting on it because he would not dare do anything to upset them
[01:34:38.920 --> 01:34:42.560]  because he needed their help to get reelected.
[01:34:42.560 --> 01:34:50.360]  And since then, the police chief has been fired, and I guess another election has occurred,
[01:34:50.360 --> 01:34:53.280]  and now the mayor's sister is on the council also.
[01:34:53.280 --> 01:35:03.680]  So I went ahead and did a public information request to the DA's office asking exactly
[01:35:03.680 --> 01:35:14.040]  what their office's procedures were for forwarding criminal cases to the grand jury, and also
[01:35:14.040 --> 01:35:15.040]  for the staff.
[01:35:15.040 --> 01:35:16.040]  Are you in Texas?
[01:35:16.040 --> 01:35:17.040]  Yes, sir.
[01:35:17.040 --> 01:35:18.040]  Okay.
[01:35:18.040 --> 01:35:26.800]  And for the status of said cases, the one being with the mayor there, there's another
[01:35:26.800 --> 01:35:32.280]  one where there's missing money from the water board, and a couple of more things that they're
[01:35:32.280 --> 01:35:35.800]  purposely sitting on.
[01:35:35.800 --> 01:35:43.200]  One of his lackeys who's kind of the guy pulling the DA strings, he sends a letter to Ken Paxton
[01:35:43.200 --> 01:35:51.720]  asking basically to ignore my request and to permanently ignore me.
[01:35:51.720 --> 01:35:58.400]  And I received a letter from Ken's office stating that no, whenever I put in a request
[01:35:58.400 --> 01:36:04.960]  I have a right to put it in and that I had a right to the information requested.
[01:36:04.960 --> 01:36:11.920]  Now this is the second time that the Ken's office has cited on our behalf.
[01:36:11.920 --> 01:36:17.440]  The first time I went in to get the information, which I never get to any of the attorneys,
[01:36:17.440 --> 01:36:22.240]  I just get a secretary smiling telling me she doesn't know what's going on and she has
[01:36:22.240 --> 01:36:23.240]  nothing for me.
[01:36:23.240 --> 01:36:29.120]  So I'm expecting that occur Monday when I go in with my letter from Ken's stating
[01:36:29.120 --> 01:36:32.120]  that they have to release the information.
[01:36:32.120 --> 01:36:36.360]  Now I guess I'm asking for your advice because I know you're going to tell me to pull out
[01:36:36.360 --> 01:36:41.840]  the cell phone and call the sheriff's department, but I guess I'm looking for which statues
[01:36:41.840 --> 01:36:46.440]  of my should quoting and where should I look them up that way I read up on it before I
[01:36:46.440 --> 01:36:48.800]  go out there and do this.
[01:36:48.800 --> 01:36:54.280]  552.353, I believe that's the correct one.
[01:36:54.280 --> 01:37:02.240]  It says that 552 is the open government code and the open government code is not a civil
[01:37:02.240 --> 01:37:03.240]  statute.
[01:37:03.240 --> 01:37:04.240]  Right.
[01:37:04.240 --> 01:37:09.000]  They'll tell you if you don't like the fact that we didn't give it to you or you can sue
[01:37:09.000 --> 01:37:10.000]  us.
[01:37:10.000 --> 01:37:17.200]  So yeah, you can do that, but you can also down 9-1-1.
[01:37:17.200 --> 01:37:25.920]  I was filed making a terroristic threat charge against my district judge.
[01:37:25.920 --> 01:37:31.560]  And the reason I did that is I was in the courtroom talking to the bailiff and he ran
[01:37:31.560 --> 01:37:34.800]  in and said, Mr. Kelton, you're creating a disturbance.
[01:37:34.800 --> 01:37:37.520]  You get out of this courthouse or I'll have you arrested.
[01:37:37.520 --> 01:37:42.200]  I reached in my pocket and I jerked out this little digital tape recorder and I poked a
[01:37:42.200 --> 01:37:45.920]  button on it and I said, I'm sorry, judge, I didn't have this turned on.
[01:37:45.920 --> 01:37:48.000]  I stuck it right in his face.
[01:37:48.000 --> 01:37:50.480]  Will you say that again?
[01:37:50.480 --> 01:37:56.320]  What he didn't know is I was in the courtroom talking to the bailiff because the sheriff
[01:37:56.320 --> 01:38:04.880]  refused to dispatch a sheriff's deputy to arrest the district attorney for not giving
[01:38:04.880 --> 01:38:13.320]  me all, let's see, all access and comfort in examining the records or all facility and
[01:38:13.320 --> 01:38:16.280]  comfort in examining records.
[01:38:16.280 --> 01:38:23.760]  When I called the sheriff's department on him, the dispatcher asked me who was it I
[01:38:23.760 --> 01:38:25.560]  needed, wanted arrested.
[01:38:25.560 --> 01:38:32.320]  I said, well, just listen, the prosecutor is screaming, get out, get out, I want that
[01:38:32.320 --> 01:38:35.560]  guy arrested.
[01:38:35.560 --> 01:38:44.480]  The sheriff refused to dispatch and said that since the bailiff was court security officer,
[01:38:44.480 --> 01:38:46.960]  I should go talk to him.
[01:38:46.960 --> 01:38:54.520]  So I was talking to the bailiff making a criminal accusation against the district attorney
[01:38:54.520 --> 01:38:58.920]  when the judge threatened me for the purpose of denying me access to a public building.
[01:38:58.920 --> 01:39:06.200]  Well, when I read 2206, Texas Penal Code, that's felony in Texas, and I followed it
[01:39:06.200 --> 01:39:08.240]  with attorney general.
[01:39:08.240 --> 01:39:17.040]  In the matter of a criminal complaint against a public official, the attorney general has
[01:39:17.040 --> 01:39:22.920]  concurrent jurisdiction with the local prosecuting attorney.
[01:39:22.920 --> 01:39:32.040]  So when the prosecuting attorney is the accused, the proper place to file is attorney general.
[01:39:32.040 --> 01:39:34.040]  Give you any good ideas?
[01:39:34.040 --> 01:39:35.040]  Sure.
[01:39:35.040 --> 01:39:44.120]  It wouldn't hurt a bit if when you go down there to look at these files, you go find
[01:39:44.120 --> 01:39:50.080]  a bailiff and tell bailiff your fiction, go to the district attorney's office and they're
[01:39:50.080 --> 01:39:56.200]  a little upset at you because you forced them to file a law.
[01:39:56.200 --> 01:40:02.400]  And you don't want anything unfortunate to occur, so will you come along and just, you
[01:40:02.400 --> 01:40:08.520]  know, your presence should kind of keep things calm so we don't have any difficulty.
[01:40:08.520 --> 01:40:13.360]  I have never had a bailiff turn that down.
[01:40:13.360 --> 01:40:17.560]  And then Mr. Bailiff, did you hear that?
[01:40:17.560 --> 01:40:20.360]  What's that, man?
[01:40:20.360 --> 01:40:26.400]  Oh, so good, that's a devious, I love it.
[01:40:26.400 --> 01:40:32.280]  Now he's in a spot because you brought him with you for that purpose.
[01:40:32.280 --> 01:40:39.960]  And now he's really on a dime, and they will know that you set them up, and you absolutely
[01:40:39.960 --> 01:40:43.640]  want to know you're setting them up.
[01:40:43.640 --> 01:40:56.800]  Yeah, real quick, Randy, what was it again, it was 552.00552, I believe it's 353 is right
[01:40:56.800 --> 01:41:04.880]  at the end of the code, it says the violation of this code is a class A misdemeanor, official
[01:41:04.880 --> 01:41:05.880]  misconduct.
[01:41:05.880 --> 01:41:09.440]  Gotcha, I will do my homework on that.
[01:41:09.440 --> 01:41:14.040]  Here's, there's a couple of caveats.
[01:41:14.040 --> 01:41:23.400]  When I file requests, I deliberately construct my request so that the other party will look
[01:41:23.400 --> 01:41:28.800]  at it and think, what is this guy looking for?
[01:41:28.800 --> 01:41:32.280]  Because then I never ask specifically for what I want.
[01:41:32.280 --> 01:41:38.040]  I ask for it amongst other things.
[01:41:38.040 --> 01:41:45.680]  And the whole idea is that the custodian doesn't know what you're looking for.
[01:41:45.680 --> 01:41:53.400]  I had a sheriff, a captain on the sheriff's department, who I respected highly, he since
[01:41:53.400 --> 01:41:58.920]  became a justice of the peace and president of the school board, I think I really wanted
[01:41:58.920 --> 01:41:59.920]  to do things right.
[01:41:59.920 --> 01:42:05.120]  He's also a Baptist preacher, but I never held that against him.
[01:42:05.120 --> 01:42:06.120]  Mark was all right.
[01:42:06.120 --> 01:42:10.160]  He really wanted to do the right thing and I tried to get some records from the sheriff's
[01:42:10.160 --> 01:42:13.760]  department and they were obfuscating.
[01:42:13.760 --> 01:42:22.840]  So I filed my scope and substantive content request and it asked for everything, not any
[01:42:22.840 --> 01:42:29.240]  records specifically, but I want to know every single record that you keep, the substantive
[01:42:29.240 --> 01:42:38.840]  scope of the content of that record, where it's kept, how it's kept, how it's named,
[01:42:38.840 --> 01:42:44.440]  who keeps it, and the specific procedure for requesting it.
[01:42:44.440 --> 01:42:51.520]  And he said, Mr. Kelton, your request is rather extensive, I said yes, Mark, as a matter of
[01:42:51.520 --> 01:42:52.520]  fact it is.
[01:42:52.520 --> 01:42:59.600]  Well, Mr. Kelton, if you could tell me what it is you're looking for, I could save us
[01:42:59.600 --> 01:43:06.360]  all a lot of time, I suppose you could, but the problem would be if I told you what I'm
[01:43:06.360 --> 01:43:16.120]  looking for and then I don't find that record, he said, I understand, he would be compromised.
[01:43:16.120 --> 01:43:23.360]  I got the records I wanted, I went into an office and this deputy brought in a stack
[01:43:23.360 --> 01:43:27.640]  of papers about a foot high and stood there and crossed her arms.
[01:43:27.640 --> 01:43:30.480]  I looked up, can I help you?
[01:43:30.480 --> 01:43:33.600]  I need to stay here and make sure nothing happens to these records, know what you need
[01:43:33.600 --> 01:43:37.800]  to do to get you out of here.
[01:43:37.800 --> 01:43:42.280]  And I'm about to go and break, I'll take the rest of it on the other side, but it's
[01:43:42.280 --> 01:43:45.720]  about how open records works, that's why I'm going here.
[01:43:45.720 --> 01:43:57.160]  Randy Kelton, move our radio or call it number 512-646-1984, we'll be right back.
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[01:46:00.960 --> 01:46:26.880]  Okay, we are back, Randy Kelton, rule of law radio, and we're talking to Mauricio in Texas
[01:46:26.880 --> 01:46:30.920]  and talking about the Open Records Act.
[01:46:30.920 --> 01:46:38.480]  When you request records, you don't want them to know because the code says, the custodian
[01:46:38.480 --> 01:46:47.320]  may make no request of the requester other than to determine his identity and the record
[01:46:47.320 --> 01:46:48.480]  sought.
[01:46:48.480 --> 01:46:55.800]  So, if I can con one of them into saying, well, why do you want to see these records
[01:46:55.800 --> 01:47:04.440]  911 immediately, and it is so much fun to do that.
[01:47:04.440 --> 01:47:09.640]  They're looking at you like they don't believe what's happening.
[01:47:09.640 --> 01:47:10.640]  How are they doing it?
[01:47:10.640 --> 01:47:12.920]  All I did is want to know why he wanted the records.
[01:47:12.920 --> 01:47:15.240]  They say they don't read the codes.
[01:47:15.240 --> 01:47:17.880]  They don't know they're specifically forbidden to do that.
[01:47:17.880 --> 01:47:22.320]  So if they fail to perform a duty they require to perform, or exhort to exhort to an authority
[01:47:22.320 --> 01:47:28.440]  they don't have, which is the authority to demand the reason for your request, you don't
[01:47:28.440 --> 01:47:31.200]  want 911.
[01:47:31.200 --> 01:47:34.240]  That's when you stop having trouble getting records.
[01:47:34.240 --> 01:47:38.320]  It gets real easy after that.
[01:47:38.320 --> 01:47:42.320]  In this case, they brought me all those records, and I went through and I found what I was
[01:47:42.320 --> 01:47:45.200]  looking for.
[01:47:45.200 --> 01:47:49.760]  And then I asked for a separate folder so I could put them in it.
[01:47:49.760 --> 01:47:54.600]  And the woman who was standing there, I went across the hall to the chief deputy and told
[01:47:54.600 --> 01:47:57.120]  him, you need to get her out of here.
[01:47:57.120 --> 01:48:01.680]  And he went and talked to Mark, who was the captain on the sheriff's department, and come
[01:48:01.680 --> 01:48:04.280]  back and he got her out of there.
[01:48:04.280 --> 01:48:05.640]  So I got all these documents.
[01:48:05.640 --> 01:48:06.640]  I was after him.
[01:48:06.640 --> 01:48:13.800]  I was after the chief, this white-head guy, and I think he knew I was after him.
[01:48:13.800 --> 01:48:17.680]  So he's trying to block me, and I needed some copies.
[01:48:17.680 --> 01:48:25.640]  So it took them about 30 minutes, and they gave me a copier set up in one of the holding
[01:48:25.640 --> 01:48:31.800]  cells, and actually it was a suicide watch cell.
[01:48:31.800 --> 01:48:34.160]  So I wondered, why did this take so long?
[01:48:34.160 --> 01:48:39.160]  And they got it in this room all by itself, and I go in there, and they've got it way
[01:48:39.160 --> 01:48:43.360]  back in the corner, and they've got an extension cord going over to it.
[01:48:43.360 --> 01:48:46.560]  They could have put it on the other side of the room and plugged it right in the cord,
[01:48:46.560 --> 01:48:49.280]  but they took it all the way across the room with this extension cord.
[01:48:49.280 --> 01:48:52.560]  And now we can record you, see what they're looking at.
[01:48:52.560 --> 01:48:57.800]  Yeah, I'm standing there looking around, and I look up, and ta-da!
[01:48:57.800 --> 01:49:00.800]  That's a camera.
[01:49:00.800 --> 01:49:03.160]  Looking right down at me.
[01:49:03.160 --> 01:49:08.560]  I looked up at the camera and smiled in waves, took off my suit coat, reached up and hung
[01:49:08.560 --> 01:49:11.800]  it over the camera.
[01:49:11.800 --> 01:49:15.360]  I could hear the guards laughing all the way down the hall.
[01:49:15.360 --> 01:49:29.520]  They were just cackling, but that can be very powerful.
[01:49:29.520 --> 01:49:38.200]  So if you send me an email, Randy Rue's Law Radio, I will send you my standard information
[01:49:38.200 --> 01:49:45.200]  requests, and in there there's the scope and content request.
[01:49:45.200 --> 01:49:52.120]  That one is the one that really gets their attention, because everything that's listed
[01:49:52.120 --> 01:50:03.120]  in there is listed in the Act as records that are specifically made open for inspection.
[01:50:03.120 --> 01:50:13.000]  You will always get the question, Mr. Mauricio, I don't know what you're asking for.
[01:50:13.000 --> 01:50:19.880]  Well, if you don't know what I'm asking for, go ask the legislature.
[01:50:19.880 --> 01:50:22.080]  They wrote the code, I didn't.
[01:50:22.080 --> 01:50:29.920]  I just quoted it, and I've had them standing there one looking at me, and he's looking
[01:50:29.920 --> 01:50:36.080]  over at the bailiff, and I know he's wondering, can I have the bailiff shoot this guy?
[01:50:36.080 --> 01:50:42.920]  Hear amongst the company when they do that.
[01:50:42.920 --> 01:50:47.720]  And through that open records act, that's one of the most powerful tools we have once
[01:50:47.720 --> 01:50:50.400]  you learn how to use it.
[01:50:50.400 --> 01:50:53.440]  They don't realize it's criminal.
[01:50:53.440 --> 01:50:59.440]  For the most part, every official I've come across thinks it's a civil statute, and if
[01:50:59.440 --> 01:51:04.040]  you don't get what you want, you consume, they don't realize it's criminal.
[01:51:04.040 --> 01:51:13.320]  And when you start dialing 911 on the prosecutor, they get real excited, but try to bury what
[01:51:13.320 --> 01:51:17.400]  you're looking for so he doesn't really know what you're after.
[01:51:17.400 --> 01:51:25.400]  Like now you've asked for the procedures, and most likely he's not going to have any.
[01:51:25.400 --> 01:51:34.400]  Now take it that you are familiar with article 2.03, Texas Code of Criminal Procedure.
[01:51:34.400 --> 01:51:37.720]  Yes, I know all the numbers.
[01:51:37.720 --> 01:51:47.760]  Okay, 2.03, first one, that directs a prosecuting attorney to do a specific thing.
[01:51:47.760 --> 01:51:54.080]  201 says it shall be the primary duty of the prosecuting attorney, not to seek your conviction,
[01:51:54.080 --> 01:52:00.280]  not to insure that justice is served, that's a lot of our mind and rhetoric, but it really
[01:52:00.280 --> 01:52:02.680]  doesn't tell him to do a specific thing.
[01:52:02.680 --> 01:52:11.760]  202 says district attorney handled this, county attorney handled this, 2.03, prosecuting
[01:52:11.760 --> 01:52:17.440]  attorney has made known to him, and paraphrasing here has come along, but essentially says
[01:52:17.440 --> 01:52:22.880]  if a prosecuting attorney hasn't made known to him in any manner, that a public official
[01:52:22.880 --> 01:52:29.000]  has violated a law relating to his office, he shall reduce the complaint when information
[01:52:29.000 --> 01:52:40.200]  submitted to the grand jury, takes away all discretion, they all want to exercise discretion,
[01:52:40.200 --> 01:52:49.160]  and I set them up to do that, because I never give a complaint to a prosecuting attorney.
[01:52:49.160 --> 01:52:56.680]  I always give them to grand juries, the prosecutor intercepts it, and that's why every time I
[01:52:56.680 --> 01:53:03.800]  file complaints, I have a cover letter on there, and the cover letter is to the former
[01:53:03.800 --> 01:53:10.320]  to the grand jury, and it asks him, and Brett had a great idea instead of a cover letter
[01:53:10.320 --> 01:53:20.120]  or a postcard, a postcard with postage already on it, and you ask the foreman of the grand
[01:53:20.120 --> 01:53:26.960]  jury to initial it, don't sign it, just initial it and send it back to me, if you sign it,
[01:53:26.960 --> 01:53:30.720]  I won't know if you actually did that because prosecutor has a rubber stamp with your name
[01:53:30.720 --> 01:53:38.280]  on it, and I want to make sure it's not rubber stamped, that's primarily to keep the prosecutor
[01:53:38.280 --> 01:53:45.520]  from giving that to the foreman, he's not going to want the foreman to know that.
[01:53:45.520 --> 01:53:51.760]  So when you don't get that postcard back in a week, you have reason to believe the prosecuting
[01:53:51.760 --> 01:54:00.600]  attorney shielded the accused from prosecution, and in violation of Article 2, well he violated
[01:54:00.600 --> 01:54:07.760]  Article 2.03, the duty he was required to perform, he failed to perform it in the process,
[01:54:07.760 --> 01:54:16.920]  so did the accused from prosecution in violation of Article 38.05, which is a felony, and if
[01:54:16.920 --> 01:54:25.040]  in the process of any of this, anybody tells you, oh you need to be careful, you can get
[01:54:25.040 --> 01:54:33.480]  in a lot of trouble, 9-1-1, now they think they're giving you sage advice, but that's
[01:54:33.480 --> 01:54:40.960]  not what they're doing, they're obstructing justice is what they're doing, and if you're
[01:54:40.960 --> 01:54:48.960]  filing criminal complaints, then they're witness tampering, they may not think that's what
[01:54:48.960 --> 01:54:59.160]  it is, but this is how the law works, you take me like you find me, if I walk into the
[01:54:59.160 --> 01:55:06.760]  courthouse and I've got a bad ticker, I just come from the doctor and he told me no excitement,
[01:55:06.760 --> 01:55:14.960]  and a bailiff decides to have himself a fit, jerks me around, throws a cusse on me, and
[01:55:14.960 --> 01:55:22.440]  I drop down with a heart attack, he's responsible, he can say, well I didn't know he had a bad
[01:55:22.440 --> 01:55:33.840]  heart, sorry Bubba, you take him like you find him, so if a bailiff or a prosecutor tells
[01:55:33.840 --> 01:55:47.400]  you something that you could in any way interpret as a threat, you're terrified, and he's just
[01:55:47.400 --> 01:55:54.520]  committed obstruction, and if it's about a criminal complaint or something, then it's
[01:55:54.520 --> 01:56:08.120]  witness tampering, 36.05 is witness tampering, 36.06 is obstruction, so you want to dance
[01:56:08.120 --> 01:56:18.520]  guys? With the Open Records Act you can really introduce them to the deep end of the pool,
[01:56:18.520 --> 01:56:24.440]  you can be sure the prosecutor's going to do everything wrong, and my suggestion is,
[01:56:24.440 --> 01:56:33.360]  you have a criminal affidavit made up already with his name on it, accusing him of denying
[01:56:33.360 --> 01:56:39.720]  you access to public records in violation of 552.353.
[01:56:39.720 --> 01:56:50.520]  Only thing missing is the date, I did this with my 1730 complaints, examining trial,
[01:56:50.520 --> 01:56:56.480]  the required evidence examining trial in 16.17 says the judge has to issue an order stating
[01:56:56.480 --> 01:57:01.760]  whether you were bound over for trial or released at your liberty, whatever, and he's to file
[01:57:01.760 --> 01:57:06.680]  that order, he's to seal that order in an envelope with all of the documents had in
[01:57:06.680 --> 01:57:12.840]  the case, cause his name to be written across the seal of the envelope, I saw that nowhere
[01:57:12.840 --> 01:57:22.040]  else intends his law, and forwarded to the clerk of the court of jurisdiction, 17.30
[01:57:22.040 --> 01:57:27.720]  requires him to do that, the 16.17 order has to be in there because if it's not filed
[01:57:27.720 --> 01:57:36.320]  within 48 hours, the accused has a right to dismissal, I forget exactly the term, but
[01:57:36.320 --> 01:57:43.080]  it means it's almost the same as a dismissal, discharge, has a right to discharge.
[01:57:43.080 --> 01:57:46.800]  So he's to seal all that in an envelope under 17.30 and send it to the clerk of the court
[01:57:46.800 --> 01:57:54.160]  of jurisdiction, and the clerk under 17.31 is commanded to keep all those papers safe
[01:57:54.160 --> 01:58:00.160]  and deliver them up to the next grand jury, there's no distinction in there between county
[01:58:00.160 --> 01:58:08.040]  or district, felony or misdemeanor, Texas constitution requires an indictment for all
[01:58:08.040 --> 01:58:13.880]  crimes, but the courts have managed to step around that, but anyway, when you file a 17.30
[01:58:13.880 --> 01:58:19.720]  complaint, they always come out and say, well, Mr. Councilman, I'm not sure what you're
[01:58:19.720 --> 01:58:28.680]  asking for, well, ask the legislature, I'm sure they'll explain it.
[01:58:28.680 --> 01:58:33.360]  I take it out, and I had one guy, I took it out, put my dates, all I had to do is put
[01:58:33.360 --> 01:58:35.200]  dates on it, handed it to him.
[01:58:35.200 --> 01:58:40.280]  He looked at it, looked down at me, read a little more, looked down at me, and I looked
[01:58:40.280 --> 01:58:43.800]  up and said, and you thought this was my first rodeo?
[01:58:43.800 --> 01:58:49.000]  No, I don't think it is, Mr. Kelton, hang on, we'll be right back.
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