ROL_2018-12-14_16k_Hr3-4.timecode

[00:00.000 --> 00:05.000]  The following news flash is brought to you by The Lowest Star of Lowdown.
[00:05.000 --> 00:08.000]  Providing the belly bulletins for the commodity market.
[00:08.000 --> 00:10.000]  Today in history.
[00:10.000 --> 00:12.000]  News updates.
[00:12.000 --> 00:16.000]  And the inside scoop into the tides of the alternative.
[00:16.000 --> 00:25.000]  Markets for Wednesday the 12th of December 2018 open with precious metals.
[00:25.000 --> 00:28.000]  Gold at $1,245.42 an ounce.
[00:28.000 --> 00:30.000]  Silver $14.74 an ounce.
[00:30.000 --> 00:32.000]  Copper $2.75 an ounce.
[00:32.000 --> 00:35.000]  Oil, Texas Crude $51.65 a barrel.
[00:35.000 --> 00:37.000]  Grant Crude $60.20 a barrel.
[00:37.000 --> 00:41.000]  And cryptos, bitcoins at $3,528.77.
[00:41.000 --> 00:44.000]  Ripple XRP $31.
[00:44.000 --> 00:50.000]  Ethereum $91.83 and Stellar XLMs at $0.11 a crypto coin.
[00:54.000 --> 00:55.000]  Today in history.
[00:55.000 --> 00:56.000]  The year 2000.
[00:56.000 --> 01:00.000]  The United States Supreme Court releases its decision in the Bush vs. Gore election.
[01:00.000 --> 01:04.000]  The court ruled that the use of different standards of counting in different counties
[01:04.000 --> 01:07.000]  violated the equal protection clause and that no alternative method
[01:07.000 --> 01:12.000]  could be established within the time limit set by Title III of the United States Election Code.
[01:12.000 --> 01:16.000]  The controversial Bush vs. Gore election was settled by the Supreme Court.
[01:16.000 --> 01:17.000]  Today in history.
[01:21.000 --> 01:26.000]  In recent news the US Geological Survey believes the largest continuous oil resource has been discovered
[01:26.000 --> 01:31.000]  beneath Texas and New Mexico which could potentially bring in 46 billion barrels of oil
[01:31.000 --> 01:36.000]  and 20 billion barrels of natural gas which is huge news for their economies respectively.
[01:36.000 --> 01:40.000]  This finding is icing on the cake with the recent outlook of the United States now being
[01:40.000 --> 01:45.000]  the largest oil producer in the world confirmed by a press release by the Energy Information
[01:45.000 --> 01:50.000]  Administration of the federal government revealing recently that for the first time in 75 years
[01:50.000 --> 01:53.000]  the US is again a net exporter of oil.
[01:57.000 --> 02:02.000]  20% of Americans get their frequent news from social media in contrast to the diminishing 16%
[02:02.000 --> 02:05.000]  that cite in newspapers as their main source of news.
[02:05.000 --> 02:08.000]  This according to a new Pew Research Center poll released Monday.
[02:08.000 --> 02:12.000]  This being the first time the research center has found social networking sites outperforming
[02:12.000 --> 02:14.000]  newspapers since they've been doing this particular poll.
[02:14.000 --> 02:19.000]  Compare this to their 1991 results where newspapers were setting the narrative at 56% of American
[02:19.000 --> 02:20.000]  surveyed.
[02:20.000 --> 02:24.000]  TV news outlets seem to be on the way out with the youth as well because the same survey
[02:24.000 --> 02:29.000]  found that 81% of people aged 65 and older are still on TV programming compared to the
[02:29.000 --> 02:32.000]  lowly 16% of people aged 18 to 29.
[02:32.000 --> 02:37.000]  No wonder it's almost every day now that mainstream media outlets are relentlessly calling for
[02:37.000 --> 02:42.000]  social media sites to be more regulatory and sensorious in what they allow on their platforms.
[02:42.000 --> 02:45.000]  The Lone Star Lowdown is currently for sponsors.
[02:45.000 --> 02:49.000]  If you have a project or a survey you'd like to advertise with us, feel free to shoot me an
[02:49.000 --> 02:51.000]  email at rickrody.com.
[02:51.000 --> 02:55.000]  That's rickrody.com.
[02:55.000 --> 03:20.000]  This was your Lowdown for December 12, 2018.
[03:20.000 --> 03:21.000]  Okay, we are back.
[03:21.000 --> 03:27.000]  Randy Kelton, root of Law Radio, and we're talking to Ken in New York.
[03:27.000 --> 03:32.000]  Okay, go ahead, Ken.
[03:32.000 --> 03:35.000]  I heard the word parrot use last night.
[03:35.000 --> 03:40.000]  I was wondering if somebody was talking about me.
[03:40.000 --> 03:43.000]  Wait, did you say parachute?
[03:43.000 --> 03:45.000]  No, parrot.
[03:45.000 --> 03:47.000]  Oh, parrot, okay.
[03:47.000 --> 03:52.000]  Somebody made a reference to something about parroting, they heard some of the things that
[03:52.000 --> 03:54.000]  you talk about somewhere else.
[03:54.000 --> 04:01.000]  I don't know if it was specifically me or not, but I did run the routine about the politics
[04:01.000 --> 04:07.000]  of the bar grievances and the criminal complaints earlier in the year, somewhere around January
[04:07.000 --> 04:08.000]  of February.
[04:08.000 --> 04:16.000]  That was part of the discussion where somebody was getting beat up by a judge and a prosecutor
[04:16.000 --> 04:23.000]  and I don't usually remember these things off the cuff, but all of a sudden I remembered
[04:23.000 --> 04:30.000]  it and I started talking about the concept of using bar grievances to get the attention
[04:30.000 --> 04:35.000]  of the malpractice carriers and that whole thing.
[04:35.000 --> 04:37.000]  So did they use it?
[04:37.000 --> 04:41.000]  I heard silence.
[04:41.000 --> 04:44.000]  I said, well, nobody's going to go to jail.
[04:44.000 --> 04:51.000]  I just said the whole idea is to make life a miserable form and I said, Steve, you can
[04:51.000 --> 04:54.000]  find somebody who wants a job.
[04:54.000 --> 04:57.000]  Good, people need to hear that.
[04:57.000 --> 05:05.000]  People who don't know anything about law don't feel empowered and the whole point of all
[05:05.000 --> 05:10.000]  this routine is to empower people.
[05:10.000 --> 05:17.000]  You may not get them to do everything you want to, but you can certainly drive them crazy.
[05:17.000 --> 05:20.000]  Plant the seed.
[05:20.000 --> 05:27.000]  Oh, is there a way to get the information?
[05:27.000 --> 05:32.000]  How would you find who's ensuring who?
[05:32.000 --> 05:42.000]  I haven't been able to find that, but as I understand it doesn't matter because their
[05:42.000 --> 05:53.000]  contract requires them that if anything occurs which could possibly lead to litigation, they
[05:53.000 --> 05:56.000]  have to notice the insurance carrier.
[05:56.000 --> 05:59.000]  So they have to tell on themselves.
[05:59.000 --> 06:05.000]  Now somewhere I've got a list of errors in emissions policy carriers and we could certainly
[06:05.000 --> 06:12.000]  build up a database of those carriers and make up an email list.
[06:12.000 --> 06:22.000]  So we have to click the list and send the bar grievance to the entire list, but I don't
[06:22.000 --> 06:30.000]  know of a way to find out who is ensuring a particular lawyer.
[06:30.000 --> 06:37.000]  Would there be anything unethical about, let's say you could contact the malpractice, would
[06:37.000 --> 06:42.000]  there be anything unethical about saying, hey, you ought to see what your insurance is doing
[06:42.000 --> 06:45.000]  or you've been paying attention to this or dropping...
[06:45.000 --> 06:47.000]  That comes under First Amendment.
[06:47.000 --> 07:00.000]  As long as you're not lying or you are giving an opinion, that's protected under First Amendment.
[07:00.000 --> 07:05.000]  So my opinion, your client's exposed.
[07:05.000 --> 07:09.000]  Yeah, so you're absolutely protected.
[07:09.000 --> 07:17.000]  Now if you lie to them and say, this person did this thing and this thing is wrongful.
[07:17.000 --> 07:27.000]  The reason I say wrongful is if you ask me what I weigh and I tell you I weigh less than I do
[07:27.000 --> 07:36.000]  and whatever issue we're dealing with is not about my weight, that's not a material statement.
[07:36.000 --> 07:39.000]  It doesn't go to a material fact.
[07:39.000 --> 07:45.000]  If you lie about something that's immaterial, that's not perjury.
[07:45.000 --> 07:50.000]  If you lie about something that is material, then that's perjurious.
[07:50.000 --> 08:02.000]  If I tell people that this guy's mama wears combat boots, big deal.
[08:02.000 --> 08:10.000]  If you actually bar grieve somebody and you have a reason, I guess it doesn't matter whether...
[08:10.000 --> 08:14.000]  I mean, from your point of view, it's a reason to bar grieve.
[08:14.000 --> 08:19.000]  How would you say that would be legitimate?
[08:19.000 --> 08:29.000]  Yes, you're just giving notice that you have reason to believe that the lawyer acted improperly based on these facts.
[08:29.000 --> 08:36.000]  Now if your facts are true, then you're absolutely protected.
[08:36.000 --> 08:45.000]  Now if you make up facts and the facts are material, then you could be...
[08:45.000 --> 08:47.000]  Well, not in a bar grieve, it's a bar grieve.
[08:47.000 --> 08:52.000]  It's not filed under oath anyway, so there's really nothing the lawyer can do.
[08:52.000 --> 08:55.000]  The lawyer's kind of in my position.
[08:55.000 --> 09:00.000]  The lawyer is out there in business in the public.
[09:00.000 --> 09:02.000]  I'm out there in the public.
[09:02.000 --> 09:17.000]  I am considered a public figure, so I really can't be defamed unless somebody states a false fact about me.
[09:17.000 --> 09:26.000]  If somebody says I'm a no-good rotten scoundrel, I've got to deal with it.
[09:26.000 --> 09:34.000]  So you're giving notice to the bar that you have reason to believe this lawyer parted his hair on the left if you can believe that.
[09:34.000 --> 09:36.000]  He should be disbarred.
[09:36.000 --> 09:38.000]  Well, if it's official...
[09:38.000 --> 09:40.000]  It means nothing.
[09:40.000 --> 09:43.000]  I'm sorry.
[09:43.000 --> 09:52.000]  Go ahead, Ken. I'm saying if I did that, it would be meaningless because it wouldn't be something defamatory that was false and defamatory.
[09:52.000 --> 09:58.000]  It's a public official, though. It should be public information.
[09:58.000 --> 10:08.000]  Yes. Well, with a public official, we don't have the protections of public officials and I am in the public.
[10:08.000 --> 10:14.000]  So you can say things about me because I'm here on the air.
[10:14.000 --> 10:16.000]  I'm putting myself out here.
[10:16.000 --> 10:21.000]  You can express derogatory opinions about me if you want to.
[10:21.000 --> 10:25.000]  And I can't claim defamation.
[10:25.000 --> 10:27.000]  I meant something different.
[10:27.000 --> 10:33.000]  In a public official, would I be able to find the bonding insurers?
[10:33.000 --> 10:42.000]  Maybe. If the public official is bonded by his agency, he works for absolutely.
[10:42.000 --> 10:43.000]  Right.
[10:43.000 --> 10:51.000]  Then you could file with the agency and ask for evidence of payment to any bonding or insurance companies.
[10:51.000 --> 10:57.000]  Oh, okay. Well, we have something called a FOIA request. Something like FOIA?
[10:57.000 --> 11:03.000]  Yeah, every state has an open government statute.
[11:03.000 --> 11:06.000]  And most of them start with 552.
[11:06.000 --> 11:09.000]  Texas is a 552 government code.
[11:09.000 --> 11:21.000]  And the Federal Open Records Act FOIA is something the U.S. called 552.
[11:21.000 --> 11:24.000]  So yeah, every state is going to have one.
[11:24.000 --> 11:31.000]  Okay. Well, I'll call back next week with the other little thing, but I don't know.
[11:31.000 --> 11:33.000]  Okay. Thank you, Ken.
[11:33.000 --> 11:38.000]  Now we're going to go to Johnny in Enigma.
[11:38.000 --> 11:40.000]  Where are you at, John?
[11:40.000 --> 11:42.000]  Are you in Texas, John?
[11:42.000 --> 11:43.000]  Yeah, Texas.
[11:43.000 --> 11:45.000]  Okay, I thought so.
[11:45.000 --> 11:50.000]  Okay, John in Texas kind of got run over.
[11:50.000 --> 11:54.000]  Will you kind of give us an idea of what occurred?
[11:54.000 --> 11:58.000]  Yeah. And for a minute, it'll seem like I'm rambling.
[11:58.000 --> 12:01.000]  I'm just going to give you the facts and the order that they occurred.
[12:01.000 --> 12:04.000]  And at the end of it all kind of makes sense.
[12:04.000 --> 12:11.000]  So back on November 26th, I was in a shopping center about 11 o'clock in the morning.
[12:11.000 --> 12:13.000]  So it was broad daylight.
[12:13.000 --> 12:19.000]  I was leaving a store and I was walking across the parking lot to get back to my car.
[12:19.000 --> 12:24.000]  There was another group of people crossing the parking lot from the opposite direction to go into the store.
[12:24.000 --> 12:32.000]  There was a guy in a pickup who came out of one of the parking rows and was waiting to make a turn to turn where we were walking.
[12:32.000 --> 12:35.000]  He seemed like he was in a hurry, seemed agitated.
[12:35.000 --> 12:41.000]  He motions in kind of an aggressive manner for us to go ahead and cross and basically get out of his way.
[12:41.000 --> 12:46.000]  So we all, you know, we followed his direction and we all crossed.
[12:46.000 --> 12:57.000]  And as I was about three steps from being all the way across, he made a sharp left turn and was basically driving on the wrong side of the parking lot and hit me.
[12:57.000 --> 13:11.000]  He basically destroyed my leg and took off and just left me lying there in the parking lot until he saw a mob of witnesses, you know, chasing him down, taking his picture, and then he decided he was going to come back.
[13:11.000 --> 13:18.000]  I had one of the witnesses call an ambulance and the police and they both showed up about the same time.
[13:18.000 --> 13:25.000]  They loaded me up in the ambulance while I was talking to one of the guys in the back of the ambulance.
[13:25.000 --> 13:29.000]  The police officer was talking with witnesses.
[13:29.000 --> 13:37.000]  Several witnesses told the officer the same thing and then the officer came to talk to me in the back of the ambulance.
[13:37.000 --> 13:43.000]  I was in excruciating pain. My tibia was just basically shattered into dozens of pieces.
[13:43.000 --> 13:46.000]  The doctor said it looks like a bomb went off of my leg.
[13:46.000 --> 13:52.000]  So I was in terrible pain on the verge of passing out and the officer was asking me all these questions.
[13:52.000 --> 13:59.000]  She started screaming at me and asking me if I wanted to go to jail because I was in too much pain to speak clearly and to talk with her.
[13:59.000 --> 14:01.000]  Wow.
[14:01.000 --> 14:07.000]  So I was taken to the hospital. I did hire a lawyer on a contingency basis.
[14:07.000 --> 14:13.000]  He's supposedly the best, you know, injury lawyer in the Dallas, Fort Worth area. I won't say his name on the air.
[14:13.000 --> 14:21.000]  But so he showed up at the hospital, told him what happened, told him that I believe the guy did it intentionally.
[14:21.000 --> 14:25.000]  He was, he already had a copy of the police report.
[14:25.000 --> 14:32.000]  The officer did not write down a single witness statement in the report. All she wrote in the report was the name and address and driver's license number
[14:32.000 --> 14:38.000]  and then number of the guy who hit me and my name and address and all that.
[14:38.000 --> 14:44.000]  So I told the attorney that I, you know, felt that the guy did it intentionally and he said, well, that may be true,
[14:44.000 --> 14:50.000]  but we don't want to claim that just yet because insurance companies only cover accidents if we say it's intentional.
[14:50.000 --> 14:54.000]  They'll use an excuse to not pay.
[14:54.000 --> 14:58.000]  So I was in the hospital for a week. I had four surgeries during that time.
[14:58.000 --> 15:06.000]  I can't even attempt to walk for three months and then after that I had to start about a year of therapy to basically learn to walk again.
[15:06.000 --> 15:14.000]  A few days ago my attorney called and said that the guy has the state minimum, which is a $30,000 insurance policy.
[15:14.000 --> 15:23.000]  My medical bills are already way, way above that and I've got, you know, a year of therapy to pay for and all that.
[15:23.000 --> 15:32.000]  So in the hospitals place the lien on the bills so that they get paid off at the top of any settlement that I accept from the insurance company,
[15:32.000 --> 15:34.000]  which means I basically get nothing.
[15:34.000 --> 15:44.000]  And so the attorney, you know, started looking at the prospect of just going around the insurance company and directly suing the guy who hit me.
[15:44.000 --> 15:50.000]  He did a background check on the guy and determined that it really wasn't worth it because that doesn't really have anything to sue for.
[15:50.000 --> 15:54.000]  So I'm pretty well screwed here.
[15:54.000 --> 15:59.000]  I don't think that the guy who hit me should be allowed to just go on without any consequences.
[15:59.000 --> 16:09.000]  I don't believe that the officer should, you know, I think she can just answer some questions as to her behavior and the fact that she had multiple witnesses tell her what they saw
[16:09.000 --> 16:12.000]  and she didn't, she did not include any of it in the report.
[16:12.000 --> 16:22.000]  The attorney did get a copy of the body cam, which has the witness statements, but I feel that it was at minimum incompetent for the cop to not include those statements.
[16:22.000 --> 16:28.000]  Does the body cam include the officer shouting at you in the ambulance?
[16:28.000 --> 16:29.000]  Yes.
[16:29.000 --> 16:30.000]  Yes.
[16:30.000 --> 16:33.000]  Depraved heart assault.
[16:33.000 --> 16:39.000]  You were horribly traumatized by that.
[16:39.000 --> 16:40.000]  You were the victim.
[16:40.000 --> 16:41.000]  What did you call it?
[16:41.000 --> 16:44.000]  A depraved heart assault.
[16:44.000 --> 16:45.000]  Okay.
[16:45.000 --> 16:47.000]  I've heard of that.
[16:47.000 --> 16:48.000]  Okay.
[16:48.000 --> 16:49.000]  Yeah.
[16:49.000 --> 16:54.000]  You charged out against the officer and you were horribly traumatized by that.
[16:54.000 --> 16:57.000]  You were already been run over.
[16:57.000 --> 16:59.000]  You were incredible pain.
[16:59.000 --> 17:11.000]  It's the 2018 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas Gun Works.
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[17:25.000 --> 17:28.000]  More prizes and sponsors to be announced.
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[19:21.000 --> 19:24.000]  Justice and get-behind.
[19:24.000 --> 19:27.000]  Norman, my friend.
[19:27.000 --> 19:29.000]  Mala Jackson.
[19:29.000 --> 19:32.000]  Trust in the heart, me friend.
[19:32.000 --> 19:35.000]  Telling your problem then.
[19:35.000 --> 19:38.000]  Call on his name once again.
[19:38.000 --> 19:41.000]  Here is all you know he was saying.
[19:41.000 --> 19:44.000]  Trust in the heart, me friend.
[19:44.000 --> 19:47.000]  Telling your problem then.
[19:47.000 --> 19:49.000]  Call on his name once again.
[19:49.000 --> 19:52.000]  Here is all you know he was saying.
[19:52.000 --> 19:55.000]  Here me came and he is everything.
[19:55.000 --> 19:57.000]  He is everything to me.
[19:57.000 --> 19:58.000]  That's what I call him.
[19:58.000 --> 20:01.000]  Don't tell me me and me pray to him.
[20:01.000 --> 20:04.000]  Because he is the only one could answer him.
[20:04.000 --> 20:07.000]  Then I may miss what we came man saying.
[20:07.000 --> 20:10.000]  Mankind you know is misleading.
[20:10.000 --> 20:13.000]  Trust in the heart, me friend.
[20:13.000 --> 20:15.000]  Telling your problem then.
[20:15.000 --> 20:18.000]  Call on his name once again.
[20:18.000 --> 20:21.000]  Here is all you know he was saying.
[20:21.000 --> 20:24.000]  Trust in the heart, me friend.
[20:24.000 --> 20:27.000]  Telling your problem then.
[20:27.000 --> 20:30.000]  Call on his name once again.
[20:30.000 --> 20:33.000]  Here is all you know he was saying.
[20:33.000 --> 20:36.000]  Mankind you know is misleading.
[20:36.000 --> 20:39.000]  Trust in the heart, me friend.
[20:39.000 --> 20:42.000]  Trust in the heart, me friend.
[20:42.000 --> 20:45.000]  Here is all you know he was saying.
[20:45.000 --> 20:48.000]  Miracle he worked and he worked it all over.
[20:48.000 --> 20:51.000]  Let the blind see and the deaf hear with.
[20:51.000 --> 20:54.000]  Even if people don't get up what you see.
[20:54.000 --> 20:57.000]  Not your father because you believe in me.
[20:57.000 --> 21:00.000]  Trust in the heart, me friend.
[21:00.000 --> 21:03.000]  Telling your problem then.
[21:03.000 --> 21:06.000]  Call on his name once again.
[21:06.000 --> 21:09.000]  Miracle you know he was saying.
[21:09.000 --> 21:12.000]  Here is all you know he was saying.
[21:12.000 --> 21:15.000]  Miracle he worked and he worked it all over.
[21:15.000 --> 21:18.000]  Call on his name once again.
[21:18.000 --> 21:21.000]  Here is all you know he was saying.
[21:21.000 --> 21:24.000]  Miracle he worked and he worked it all over.
[21:24.000 --> 21:27.000]  Let the blind see and the deaf hear with.
[21:27.000 --> 21:30.000]  Even if people don't get up what you see.
[21:30.000 --> 21:33.000]  Miracle you know is misleading.
[21:33.000 --> 21:36.000]  Trust in the heart, me friend.
[21:36.000 --> 21:39.000]  Telling your problem then.
[21:39.000 --> 21:42.000]  OK, we are back.
[21:42.000 --> 21:45.000]  Randy Kelton, real raw radio.
[21:45.000 --> 21:48.000]  Sorry for the delay there guys.
[21:48.000 --> 21:51.000]  We got kind of caught up on the break.
[21:51.000 --> 21:54.000]  OK, we're talking to Johnny in Texas.
[21:54.000 --> 21:57.000]  Ran over apparently deliberately.
[21:57.000 --> 22:00.000]  Or with conscious indifference.
[22:00.000 --> 22:03.000]  Yep.
[22:03.000 --> 22:06.000]  And that would go to vehicular assault.
[22:06.000 --> 22:11.000]  And then an officer shows up and because you're in such pain you can't talk to the officer.
[22:11.000 --> 22:15.000]  The officer threatens you with a rest.
[22:15.000 --> 22:20.000]  And that caused you horrible trauma because the officer.
[22:20.000 --> 22:24.000]  Was prominently displaying a deadly weapon.
[22:24.000 --> 22:26.000]  Committed.
[22:26.000 --> 22:28.000]  Depraved heart of salt.
[22:28.000 --> 22:32.000]  While prominently displaying a deadly weapon.
[22:32.000 --> 22:38.000]  First degree felony aggravated assault 2202 B2A.
[22:38.000 --> 22:42.000]  You file that against the officer and when.
[22:42.000 --> 22:47.000]  Everybody steps up in line to protect the officer.
[22:47.000 --> 22:50.000]  And commit crimes in order to protect the officer.
[22:50.000 --> 22:53.000]  You wind up suing all of them.
[22:53.000 --> 22:56.000]  Yeah, and I do know that routine.
[22:56.000 --> 23:01.000]  For acts outside of scope.
[23:01.000 --> 23:09.000]  And that would go to 80 US code to 42 US code 1983.
[23:09.000 --> 23:11.000]  Yep.
[23:11.000 --> 23:14.000]  You could get a shot at all of them.
[23:14.000 --> 23:18.000]  You may have enough if you do a 1983 suit against these guys.
[23:18.000 --> 23:22.000]  You want to take the state to the Fed.
[23:22.000 --> 23:29.000]  So how's it going to look when you get in front of a jury of your peers.
[23:29.000 --> 23:34.000]  To your knowledge, did the officer have a body cam on.
[23:34.000 --> 23:38.000]  Yes, my attorney got a copy of it already.
[23:38.000 --> 23:44.000]  Does it include her shouting at you and threatening to arrest you.
[23:44.000 --> 23:53.000]  Yes, well as we're yelling at me and telling me I need to shut up and answer her questions and I better calm down and you know all that.
[23:53.000 --> 23:56.000]  Oh, wonderful.
[23:56.000 --> 24:02.000]  So that's, that's enough that you filed a prey to heart assault against her.
[24:02.000 --> 24:04.000]  And first degree felony aggravated assault.
[24:04.000 --> 24:06.000]  You're in Texas.
[24:06.000 --> 24:10.000]  Texas is the only state I know of that has that charge.
[24:10.000 --> 24:17.000]  And when you file it, you can count on everybody lining up to protect her.
[24:17.000 --> 24:20.000]  I've been through that before.
[24:20.000 --> 24:31.000]  So, but now have you filed civil suits in the feds against them for that behavior.
[24:31.000 --> 24:35.000]  No, this just happened on November 26 and I don't know.
[24:35.000 --> 24:38.000]  No, I say when you went through this before.
[24:38.000 --> 24:49.000]  Oh, no, no, this time you're doing this in order to get them to give you a claim against them and higher up you get the better.
[24:49.000 --> 25:13.000]  What if you sue the Chief Justice of the Supreme for shielding from from prosecution and denying you in the due course of the laws because he was trying to protect the attorney general who is trying to protect the district judge who is trying to protect the prosecuting attorney who's trying to protect the police officer.
[25:13.000 --> 25:21.000]  You get to that point makes no difference if your claim against the police officer was valid.
[25:21.000 --> 25:27.000]  Your claim against these other individuals becomes valid because they didn't act.
[25:27.000 --> 25:45.000]  So, you might, you know, if you're, if you're laid up, you have time to make up a whole bunch of documents and just get them out there. You get information requests out and get them to deny the information requests, gives me claims as you can.
[25:45.000 --> 25:52.000]  Take them to the feds, see if you can get them to come to the table and make a deal.
[25:52.000 --> 26:07.000]  Yep. That's, that's actually a very good idea. And I've been down the path before. I know how they protect each other. I've tried, I filed criminal charges on a JP and the district attorney tried to protect, protect the JP.
[26:07.000 --> 26:25.000]  So I filed charges against the district attorney with the Texas attorney general. I had somebody from the attorney general's office call me and tell me that, you know, just kind of basically tell me that he doesn't care. And so I wrote a complaint against him. And at the same time, I also sent complaints to the grand jury and the DA, you know,
[26:25.000 --> 26:30.000]  intercepted those and sent them back to me. They didn't even read them. So I do know the pattern.
[26:30.000 --> 26:46.000]  Now, I didn't get to follow all the way through with it because I had other things, you know, that I had to tend to, and I just had to drop it. But I do know the pattern and I do know that they will hand me on a silver platter, a clear pattern of protecting each other that could easily be taken to the feds.
[26:46.000 --> 26:48.000]  So I know how it works.
[26:48.000 --> 27:03.000]  So this time you look at the end game. You want to set these guys up so you can sue them in the feds. It makes it a lot easier to follow through with all of these steps.
[27:03.000 --> 27:13.000]  I don't have to set them up. They'll set themselves up for me. I've already seen that. I don't really have to set them up. They'll do that work for me.
[27:13.000 --> 27:20.000]  They're really accommodating that way. So good. This may give you, it'll be good for everybody.
[27:20.000 --> 27:21.000]  Yeah.
[27:21.000 --> 27:32.000]  Once you get done, I can almost bet you that this female cop can have herself an attitude, but she's going to leave it at the house.
[27:32.000 --> 27:38.000]  You'll get her broke from sucking eggs and you might just get you a decent settlement.
[27:38.000 --> 27:48.000]  Yeah. Now I'm going to pursue it and I hadn't even thought about the depraved car assault. I've heard of that before, but I'm in a lot of pain and I'm on a lot of pain medicine as far as I think right now.
[27:48.000 --> 27:56.000]  That hadn't occurred to me and I hadn't even thought about a lawsuit against the city. So I'll look at that as well.
[27:56.000 --> 28:00.000]  Hang on just a second, Ken.
[28:00.000 --> 28:01.000]  Yeah.
[28:01.000 --> 28:07.000]  Did you hear what's going on with Ruzani?
[28:07.000 --> 28:11.000]  No. I just now was able to get on here.
[28:11.000 --> 28:28.000]  Okay. Johnny was walking across the parking lot and there's several people and a car was waiting, the truck was waiting to get out and he motioned for him to get out of the way and they were getting out of the way and he took off too soon and turned right into Johnny and crushed his leg and the guy took off.
[28:28.000 --> 28:33.000]  But he had a lot of people chasing him and taking pictures so he decided to stop.
[28:33.000 --> 28:34.000]  Oh.
[28:34.000 --> 28:43.000]  And now the guy's got no money. So the only insurance he had was 30 grand.
[28:43.000 --> 28:44.000]  Yeah.
[28:44.000 --> 28:57.000]  So the cop, the police came and the policeman's trying to question John in the ambulance and he's in such pain he can't answer, he's threatened to arrest him.
[28:57.000 --> 28:59.000]  Wow.
[28:59.000 --> 29:09.000]  Yeah. I'm saying depraved heart assault and post-traumatic stress.
[29:09.000 --> 29:23.000]  Never be able to trust a policeman again when he's the victim and the policeman's threatening to arrest him because he has the audacity to be in severe pain.
[29:23.000 --> 29:26.000]  All right.
[29:26.000 --> 29:31.000]  Yeah. Even if he can do in the feds.
[29:31.000 --> 29:32.000]  What?
[29:32.000 --> 29:33.000]  The guy.
[29:33.000 --> 29:34.000]  Okay.
[29:34.000 --> 29:36.000]  The guy in the ambulance.
[29:36.000 --> 29:38.000]  The guy in the ambulance.
[29:38.000 --> 29:39.000]  Hold on.
[29:39.000 --> 29:40.000]  Hold on.
[29:40.000 --> 29:42.000]  We're both talking at the same time.
[29:42.000 --> 29:50.000]  John has ran the routine on these guys before so he knows how to work the criminal side.
[29:50.000 --> 29:56.000]  And I'm saying work the criminal side through the whole state and then take all of these people to the feds.
[29:56.000 --> 29:57.000]  Hang on.
[29:57.000 --> 29:58.000]  About to go to break.
[29:58.000 --> 29:59.000]  Randy Kelton.
[29:59.000 --> 30:02.000]  We'll be right back.
[30:02.000 --> 30:06.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[30:06.000 --> 30:10.000]  They guarantee the specific freedoms Americans should know and protect.
[30:10.000 --> 30:11.000]  Our liberty depends on it.
[30:11.000 --> 30:18.000]  I'm Dr. Catherine Albright and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[30:18.000 --> 30:20.000]  Privacy is under attack.
[30:20.000 --> 30:23.000]  When you give up data about yourself, you'll never get it back again.
[30:23.000 --> 30:28.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:28.000 --> 30:29.000]  So protect your rights.
[30:29.000 --> 30:33.000]  Say no to surveillance and keep your information to yourself.
[30:33.000 --> 30:34.000]  Privacy.
[30:34.000 --> 30:36.000]  It's worth hanging on to.
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[30:47.000 --> 30:49.000]  We're coming down the Bill of Rights home stretch.
[30:49.000 --> 30:51.000]  Eight down and just two more amendments to go.
[30:51.000 --> 30:56.000]  This is likely the time when our founding fathers asked themselves, did we leave something out?
[30:56.000 --> 30:59.000]  So just in case they forgot to guarantee an important freedom,
[30:59.000 --> 31:05.000]  they decided to add a catch-all ninth amendment to prevent the government from taking advantage of any oversight.
[31:05.000 --> 31:10.000]  I like to remember the ninth amendment as the just in case we left something out amendment.
[31:10.000 --> 31:15.000]  In a nutshell, the ninth amendment makes it clear that just because a right isn't spelled out in the Constitution
[31:15.000 --> 31:18.000]  or one of its amendments doesn't mean you don't have that right.
[31:18.000 --> 31:20.000]  I'm Dr. Catherine Albrecht.
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[33:19.000 --> 33:35.000]  Yes, yes, yes, yes, oh.
[33:35.000 --> 33:37.000]  Yeah, oops, oops.
[33:37.000 --> 33:39.000]  I got to hit myself again.
[33:39.000 --> 33:42.000]  Okay, we are back. Randy Keltan, Rule of Law Radio.
[33:42.000 --> 33:46.000]  And we're talking to John in Texas.
[33:46.000 --> 33:51.760]  we've got Ken from Missouri on the line as well. We talked a little bit, we kind of
[33:51.760 --> 34:00.520]  brought Ken up to speed on the break. Ken, what do you think his shot is at a filing
[34:00.520 --> 34:08.920]  in 1983 suit once he set all the officials up for shielding this officer and getting
[34:08.920 --> 34:12.680]  them to cut him a deal at the end of the day?
[34:12.680 --> 34:19.680]  Well, what I did here in Missouri, I think it was last year, you can file a grievance
[34:19.680 --> 34:24.760]  with the, I know it's not called the same thing in Texas, but here it's called the Public
[34:24.760 --> 34:30.600]  Safety Commission. Police officers have to be licensed just like attorneys, so you get
[34:30.600 --> 34:31.600]  an administrative crash.
[34:31.600 --> 34:34.520]  In Texas, in Texas it's called key close.
[34:34.520 --> 34:38.360]  Yeah, I remember that now.
[34:38.360 --> 34:43.640]  And so here's what's interesting when you pursue this type of thing. So I call them
[34:43.640 --> 34:49.960]  up and ask the Public Safety guys the questions and how to file a complaint. I got into the
[34:49.960 --> 34:55.120]  details, found out they only have two people that work in that office and they have like,
[34:55.120 --> 35:02.440]  well, I think they said they had two investigators and they're six months behind. So I was like,
[35:02.440 --> 35:09.080]  okay, so I just went straight to the judge and I made a petition, I filed a court case
[35:09.080 --> 35:13.880]  for a judicial removal of public safety license.
[35:13.880 --> 35:17.720]  And my grounds, what are my grounds? My grounds are because those guys are six months behind
[35:17.720 --> 35:23.240]  and this guy's a danger. So I have to have assistance right now, so I had to go the judicial
[35:23.240 --> 35:29.440]  route. I made that up myself. I've never heard of that. You can do the same thing with an
[35:29.440 --> 35:33.480]  attorney, by the way. How about a judicial removal of bar license?
[35:33.480 --> 35:39.480]  That's what I tell people is you have to, if you can make a motion or a petition for
[35:39.480 --> 35:46.280]  anything, if you have proper grounds and you can show cause. So anyway, so I did that and
[35:46.280 --> 35:55.440]  then that creates, like I'm sure Randy has mentioned before, a tar baby. So you just kind
[35:55.440 --> 36:02.840]  of let it develop more enemies and then just by engaging and doing, you know, procedurally
[36:02.840 --> 36:08.080]  one thing at a time in good faith, then they'll start acting in bad faith and you can start
[36:08.080 --> 36:14.000]  picking out either statutory violations they're making or ethical violations of cannons or
[36:14.000 --> 36:19.560]  violation of police policy manual. I just did a discovery in another case and we got
[36:19.560 --> 36:27.040]  the police policy manual for that county and oh my gosh, we had a field day, found out
[36:27.040 --> 36:34.200]  all kinds of stuff they didn't do. They had to make a use of force report anytime they,
[36:34.200 --> 36:39.440]  like they broke glass, this woman's glass out of her car and so they're supposed to
[36:39.440 --> 36:42.920]  make a use of force report and they have all these different reports and these different
[36:42.920 --> 36:48.160]  things they do. The beautiful thing about fighting the government is they're more bound
[36:48.160 --> 36:52.320]  than we could ever be by law. They have so many laws and policies and oaths and crap
[36:52.320 --> 36:57.800]  over them, which is what I love about this radio show here is we're identifying them,
[36:57.800 --> 37:04.200]  discussing them and learning how to apply them. So that's my introductory answer is
[37:04.200 --> 37:09.640]  you just start opening that baby up, making good faith statements and seeing what people
[37:09.640 --> 37:13.000]  respond to and what they say and what they do.
[37:13.000 --> 37:21.240]  And actually Johnny has been down this road before, he's taken them on before, but this
[37:21.240 --> 37:28.440]  one is more purposeful. The last time he took them on was just to beat them up. This time
[37:28.440 --> 37:37.600]  we want to take them on very strategically. We want to go to the end of the day and what
[37:37.600 --> 37:46.280]  will be your argument to the jury when you're asking them to grant you a claim against these
[37:46.280 --> 37:59.880]  guys? What do you need to be able to say about how each of these people in line who was an
[37:59.880 --> 38:07.680]  important party in your seeking justice? Not the ones that don't matter, but the ones that
[38:07.680 --> 38:14.720]  are important. You went to the police, they did nothing. You went to the justice of the
[38:14.720 --> 38:20.040]  magistrate, they did nothing. You went to the prosecutor, you did nothing. You worked
[38:20.040 --> 38:24.920]  your way up the magistrates to higher and higher levels. All the way to the Supreme
[38:24.920 --> 38:32.440]  Court and they did nothing. So once we get to the Supreme Court and the Supreme, the
[38:32.440 --> 38:41.120]  justices of the Supreme refuse to perform their duties under Chapter 16 as prescribed
[38:41.120 --> 38:51.920]  by 2.10, 2.11, code of criminal procedure, then where else to go but the feds. You've
[38:51.920 --> 38:59.200]  exercised all of your potential remedy and these guys are real accommodating. And Johnny,
[38:59.200 --> 39:03.400]  you've been there. You know they're accommodating. They will give you all the claims you want.
[39:03.400 --> 39:12.400]  And if you're lucky, one of them might tell you, oh, wow, you really need to be careful.
[39:12.400 --> 39:22.400]  You can get in a lot of trouble. Witness tampering, obstruction of justice. Oh, goody.
[39:22.400 --> 39:29.080]  Now they're threatening me. I have a voicemail of someone from the Texas Attorney General's
[39:29.080 --> 39:36.320]  office making a similar threat from the last time that I pursued him. But as I said, I
[39:36.320 --> 39:40.680]  had some other things come up. I didn't get to see that all the way through, but I do
[39:40.680 --> 39:45.680]  know that they will all try to protect each other. Even when you put the law in their
[39:45.680 --> 39:49.760]  face right up front, they're still going to ignore it and do whatever they want to protect
[39:49.760 --> 39:54.040]  each other. So it's easy to get them to show that pattern. And I do know that there is
[39:54.040 --> 39:58.440]  a kind of a hostility between the state and the feds, you know, that the feds are trying
[39:58.440 --> 40:04.400]  to approach on the states. And so the states don't like that. And you know, the states,
[40:04.400 --> 40:10.640]  there's a hostility. It seems like the federal judges are always looking to make an example
[40:10.640 --> 40:17.080]  of state public officials and vice versa. So it seems to me to be more effective that
[40:17.080 --> 40:21.760]  if you can get state public officials to screw up and then take them to the fed, they're
[40:21.760 --> 40:25.880]  not going to be so protected there. Or vice versa, if a federal agent screws up, you know,
[40:25.880 --> 40:29.560]  and they're within the territory of boundaries of a state, and you take them to state court,
[40:29.560 --> 40:32.280]  the judge is going to be looking to make an example of that fed.
[40:32.280 --> 40:42.360]  Yeah. And back to Ken's four rules, first rule is perception is everything. Now, it
[40:42.360 --> 40:50.440]  may not be that the feds will be harsher on state actors, but I can assure you state
[40:50.440 --> 40:55.360]  actors believe they will. Yeah, that's enough.
[40:55.360 --> 41:02.560]  Well, in this pattern of protection, it almost seems like RICO to me as well.
[41:02.560 --> 41:09.360]  And a federal judge told me once that filing a RICO suit is like dropping an atomic on
[41:09.360 --> 41:15.920]  a public official or public agency is like dropping an atomic bomb on them.
[41:15.920 --> 41:25.080]  Well, good. And we understand going in that we know that at the end of the day, the court's
[41:25.080 --> 41:31.200]  going to rule against you out of hand at every turn. And we got that part. Our purpose going
[41:31.200 --> 41:39.400]  in is to bring them to table and make a deal. Right. Exactly. So, we beat them up enough
[41:39.400 --> 41:46.160]  and then, as opposed to say, and then we hire an attorney for the express purpose of mediating
[41:46.160 --> 41:52.840]  with them. And then we ask the federal judge to order mediation. Now they can come to the
[41:52.840 --> 41:57.760]  table and mediate without losing face because the judge ordered them to.
[41:57.760 --> 42:04.160]  Right. So, that actually may be a way to squeeze some money out of these guys. And if you negotiate
[42:04.160 --> 42:10.960]  a deal, you get paid when the deal is done. If you win a judgment, you may or may not
[42:10.960 --> 42:14.200]  get paid. Well, seeing that's what I'm not greedy.
[42:14.200 --> 42:18.760]  I'm not just trying to turn this into a payday, but I've already got a lot of hospital bills
[42:18.760 --> 42:23.080]  that, you know, any settlement I accept, the hospital has a lien on it. I'm not going to
[42:23.080 --> 42:26.200]  see it in time. I've got a year of therapy ahead of me that I have to pay for. We've
[42:26.200 --> 42:29.960]  had to buy a hospital bed. We've had to buy a walker in a wheelchair. And, you know, over
[42:29.960 --> 42:34.520]  the next year, they're going to be a lot of medical expenses that I can't pay. So, you
[42:34.520 --> 42:35.520]  know,
[42:35.520 --> 42:45.920]  It's not about the money. It is that money is how they keep score. This becomes a threat
[42:45.920 --> 42:55.000]  to them in direct proportion to how much it looks like it's going to cost them. So, go
[42:55.000 --> 42:56.000]  for the money.
[42:56.000 --> 42:57.000]  No.
[42:57.000 --> 42:58.000]  Okay.
[42:58.000 --> 42:59.000]  Thank you.
[42:59.000 --> 43:08.880]  Keep us up to date on how this shakes out and kind of keep us up to date as you work
[43:08.880 --> 43:12.800]  your way through the system so other people can see it happening.
[43:12.800 --> 43:17.680]  Okay. I'll call in every so often and update you guys. I appreciate it.
[43:17.680 --> 43:27.880]  Okay. Thank you, John. Okay. Now we're going to go to Brett in Texas. Brett, what did
[43:27.880 --> 43:37.160]  you want to address today? Ken, I think you talked to Brett yesterday. Brett has been
[43:37.160 --> 43:48.160]  in the trenches for a while and Brett kind of goes over what you went over yesterday.
[43:48.160 --> 43:59.360]  Are you there, Brett? Hmm. Looks like we might have lost it. Okay. Maybe he'll come
[43:59.360 --> 44:00.360]  back later.
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[46:20.360 --> 46:32.840]  Whoa, yeah, always I must be careful what I'm wishing for, when I'm hungry I like to know
[46:32.840 --> 46:42.160]  just what I'm wishing for, I ain't asking for much, I ain't trying to be no blood, I'm just
[46:42.160 --> 46:51.560]  here making my living, pushing buttons, I get my message out, do anyone who's shouting
[46:51.560 --> 47:00.440]  distance, I vote for bravery and against slavery, showing resistance, first I'm crawling, then
[47:00.440 --> 47:15.720]  I start strutting, just so glad to make my living, pushing buttons.
[47:15.720 --> 47:23.760]  Okay, we are back. Randy Kelton, rule of law radio on this Friday, the 14th day of December
[47:23.760 --> 47:33.400]  2018, and we have a special guest again from Missouri, and we have Brett on the collar
[47:33.400 --> 47:40.760]  board on the bridge as well. Brett, do you want to kind of go over what you did yesterday
[47:40.760 --> 47:46.240]  about what it's like being in this fight for a long time?
[47:46.240 --> 47:55.040]  Sure, well, we were just discussing yesterday about how this is not something that you just
[47:55.040 --> 48:03.120]  get into instead of fun of it, it's not something that you try it out and see if it works, because
[48:03.120 --> 48:09.800]  that's going to be pretty disappointing. This is not something that you see as an alternative
[48:09.800 --> 48:17.080]  to the billboard traffic ticket lawyer, hey, I'll just print off this magic document, print
[48:17.080 --> 48:20.920]  it and sign it, and everything will be great, because they don't care about the law, they
[48:20.920 --> 48:28.360]  don't respect what's right, and you have to work really hard to see any effect from
[48:28.360 --> 48:35.560]  this. For me personally, it's been really heavy and oppressive, it's been difficult
[48:35.560 --> 48:46.760]  psychologically, but I had to do this. It had to be done. It came to a point where the
[48:46.760 --> 48:52.800]  injustice, the unrighteousness is just at a level of unacceptable, and there's not any
[48:52.800 --> 49:01.320]  other options you can live with, but to hold somebody accountable for the things that they're
[49:01.320 --> 49:10.400]  doing wrong, they're destroying families, they're destroying, it's just a level of unacceptable.
[49:10.400 --> 49:16.960]  So I would encourage people to take it up, but not take it up lightly.
[49:16.960 --> 49:27.960]  Let me address that slightly. In Brett's case, they came after him. It's always more
[49:27.960 --> 49:34.600]  difficult when they're coming after you, especially when your liberty is at risk. It becomes very
[49:34.600 --> 49:40.400]  difficult, and what I talk about here, about taking them on, the best fight is the one
[49:40.400 --> 49:49.040]  you pick. When you pick the fight, then they don't have a claim against you. When you go
[49:49.040 --> 49:56.440]  in and get them to do something wrong, or like in Johnny's case, where he's tried to
[49:56.440 --> 50:00.680]  get them to do the right thing, and they didn't do the right thing, now he can go back after
[50:00.680 --> 50:07.120]  them, that is not either so oppressive when you pick the fight, because they don't have
[50:07.120 --> 50:15.520]  a counter claim against you. When your liberty is at risk, it's a big deal, and it's difficult.
[50:15.520 --> 50:22.400]  When they prosecuted me in Cherokee County, it was a struggle to sit down and try to write
[50:22.400 --> 50:29.200]  a document. It was hard, because there was so much emotion attached to it. It was extremely
[50:29.200 --> 50:34.240]  difficult. Now, I could help somebody else with something that I didn't have a dog in
[50:34.240 --> 50:38.640]  the hunt, and it wasn't so difficult. It was relatively easy, because I didn't have all
[50:38.640 --> 50:46.800]  of this threat coming at me. I do want everybody who fights these guys to know we appreciate
[50:46.800 --> 50:56.560]  them. I've got James here in Texas. James took him on, and they came after him, arrested
[50:56.560 --> 51:05.400]  him for contempt of court, and just lied like dogs on their reports. But fortunately, James
[51:05.400 --> 51:17.280]  and a couple others had recordings of what went on. James, you there? Hello, James. We're
[51:17.280 --> 51:21.800]  having a little trouble getting people to come up today, so, okay. But anyway, James
[51:21.800 --> 51:28.320]  took them on, they dismissed everything. Finally, after they made all these horrible
[51:28.320 --> 51:33.640]  threats of all these terrible things they were going to do to him, he didn't bow down
[51:33.640 --> 51:42.600]  to them. He didn't cave in. He kept coming after them. Finally, he had to dismiss everything,
[51:42.600 --> 51:46.720]  and now he's going back after them, he's planning on suing them. These are the kind
[51:46.720 --> 51:51.160]  of things we need to get all this stuff changed. I do have some more callers I want to get
[51:51.160 --> 51:57.120]  to. Tina, in California, you've been holding a long time. I apologize for the delay. We've
[51:57.120 --> 52:04.120]  had lots of callers today. What have you got for us, Tina? A couple of things. One goes
[52:04.120 --> 52:08.760]  back to one of your callers earlier, but first I want to ask a question of you so I can get
[52:08.760 --> 52:19.920]  that answered in time. I have requested the original note as paid in full from my mortgage
[52:19.920 --> 52:27.360]  which they illegally foreclosed on. There is a California statute that says once the
[52:27.360 --> 52:37.640]  mortgage is paid in full, the owner of it can request the original note, not a copy,
[52:37.640 --> 52:43.680]  but the original, and they have claimed that they have the original. A year ago they refused
[52:43.680 --> 52:49.760]  to produce it saying it was improper discovery. That's not what the California statute says.
[52:49.760 --> 52:58.040]  It just says I can request it and they must provide it within 30 days. Two weeks ago I
[52:58.040 --> 53:06.920]  sent another email, another letter this time to the bank's CEO. I haven't had no response
[53:06.920 --> 53:13.760]  and I again requested it. What is my next step? They are obviously not going to produce
[53:13.760 --> 53:23.400]  this original note. What do I do to get it when the statute clearly says that I can have
[53:23.400 --> 53:32.280]  it? Okay. When you were saying that, the statute says you can request it. Does the statute
[53:32.280 --> 53:46.320]  say that the bank must produce it? Yes. Good. Then a declaratory judgment would be one way
[53:46.320 --> 53:58.000]  to do it. Okay. Petition the district court to rule that the bank had a duty to produce
[53:58.000 --> 54:11.160]  the original note. You've had a foreclosure case that was prosecuted against you based
[54:11.160 --> 54:20.720]  on the assertion that they had the original note. Yes, it's a non-judicial state, but
[54:20.720 --> 54:30.240]  they kept claiming in California they do not have to produce the note to rule close.
[54:30.240 --> 54:35.000]  But they have to have a, okay, well in California everything is criminal. They don't pay attention
[54:35.000 --> 54:43.400]  to anything anyway. This is one of those cases where you can drag them into court and you
[54:43.400 --> 54:53.560]  don't have a dog in the hunt. But what is your remedy if they don't produce the note?
[54:53.560 --> 55:04.760]  What is the harm and the claim you'd get to make against them? Well, if they claim they
[55:04.760 --> 55:10.280]  have the note and they refuse to produce it, what are they trying to hide from me in order
[55:10.280 --> 55:15.640]  to do that? Okay, but that's not enough to bring a claim. I'm trying to figure out a
[55:15.640 --> 55:22.800]  way to get a shot at them. If the law says they're supposed to, that you have a right
[55:22.800 --> 55:34.880]  to request it and they have a duty to present it, does the law prescribe a remedy if they
[55:34.880 --> 55:40.840]  don't produce it? Yeah, it's not very much money, but it's not
[55:40.840 --> 55:47.680]  enough to sting them, but I should get it no matter what. But if they, by then, refusing
[55:47.680 --> 55:55.120]  to produce it when we're in litigation, to me it's saying, well, we really are not the
[55:55.120 --> 56:00.360]  owner of the note. We're going to keep all the evidence from you so that you can't have
[56:00.360 --> 56:05.920]  anything to go against it. Okay, well, what I was trying to go there
[56:05.920 --> 56:14.720]  is if you can get them to admit that they don't have the original note, now you can
[56:14.720 --> 56:23.640]  go back and challenge the foreclosure. What if they say it's been destroyed because
[56:23.640 --> 56:31.480]  it's passed the foreclosure? But I requested it before the litigation was over.
[56:31.480 --> 56:45.560]  Then you claim spoilage, the spoilation, and that gives you a right to a adverse inference.
[56:45.560 --> 56:52.560]  They claim it was destroyed when they had a duty to maintain it. Then they deliver, if
[56:52.560 --> 56:58.480]  they did have it, they deliberately destroyed it to deny it from you. That should give you
[56:58.480 --> 57:04.000]  a right to an adverse inference that they never had it.
[57:04.000 --> 57:14.600]  Ken, does that sound... Yeah, it's worse than that. Under Rule 37,
[57:14.600 --> 57:20.400]  just read FRCP, Rule 37. I think there's one of those spots in there that says it gives
[57:20.400 --> 57:24.960]  you a default judgment. If they have spoiled the evidence, and there's other things you
[57:24.960 --> 57:29.000]  need to look at there in 37, that'll give you some rights.
[57:29.000 --> 57:37.360]  Okay, because I've lost everything. We all know California is so corrupt. They failed
[57:37.360 --> 57:45.600]  to apply the law of tender, and I had already tendered what they claimed was owing on their
[57:45.600 --> 57:50.640]  publicly recorded notice of trustee sale, and then three months later, they claimed
[57:50.640 --> 57:56.880]  I owed $125,000 more, and it was just a mere mistake that they made on the notice of trustee
[57:56.880 --> 58:03.080]  sale. Then they claim I didn't tender. Well, yes, I did, because I bought in a buyer that
[58:03.080 --> 58:10.280]  was going to pay the whole toll for the house that they claimed was owed.
[58:10.280 --> 58:17.680]  So, there's lots of things along the line, including failure to apply the California
[58:17.680 --> 58:24.160]  bill of homeroom and bill of rights. But the big thing to me is, if there's nothing to
[58:24.160 --> 58:29.080]  hide, why don't they produce what I asked them? This is a simple question.
[58:29.080 --> 58:38.240]  That's a reasonable question, but it's not actionable. What we're looking for is what's
[58:38.240 --> 58:48.200]  actionable. If they didn't actually have the original note, then you can imply that they
[58:48.200 --> 58:50.480]  have no chain of title.
[58:50.480 --> 58:55.480]  Would you like to make more definite progress in your walk with God? Bibles for America
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[59:05.600 --> 59:10.120]  today. It's an accurate translation, and it contains thousands of footnotes that will
[59:10.120 --> 59:13.640]  help you to know God and to know the meaning of life.
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[59:30.160 --> 59:36.720]  version and Basic Elements of the Christian Life, call Bibles for America toll free at
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[01:00:00.800 --> 01:00:07.800]  The following is brought to you by The Lone Star Lowdown, provided with Delhi bulletins
[01:00:07.800 --> 01:00:13.920]  for the Commodities market, Today in History, News Updates, and the inside scoop into the
[01:00:13.920 --> 01:00:21.360]  tides of the alternative.
[01:00:21.360 --> 01:00:26.560]  Markets for Wednesday, 12th of December, 2018, open with precious metals, gold at $1,245.42
[01:00:26.560 --> 01:00:34.400]  an oz, silver at $14.74 an oz, copper at $2.75 an oz, oil at Texas Crude at $51.65
[01:00:34.400 --> 01:00:44.480]  an oz, Brent Crude at $60.20 an oz, and cryptos at $3,528.77, Ripple at XRP at $31, Ethereum
[01:00:44.480 --> 01:00:54.240]  at $91.83, and Stellar at XLMs at $11.00, a crypto coin.
[01:00:54.240 --> 01:00:58.640]  Today in History, the year 2000, the United States Supreme Court releases its decision
[01:00:58.640 --> 01:01:02.960]  in the Bush v. Gore election. The court ruled that the use of different standards of counting
[01:01:02.960 --> 01:01:07.640]  in different counties violated the Equal Protection Clause, and that no alternative method could
[01:01:07.640 --> 01:01:12.160]  be established within the time limit set by Title III of the United States Election Code.
[01:01:12.160 --> 01:01:21.200]  The controversial Bush v. Gore election was settled by the Supreme Court, Today in History.
[01:01:21.200 --> 01:01:25.600]  In recent news, the US Geological Survey believes the largest continuous oil resource has been
[01:01:25.600 --> 01:01:30.040]  discovered beneath Texas and New Mexico, which could potentially bring in 46 billion barrels
[01:01:30.040 --> 01:01:36.080]  of oil and 20 billion barrels of natural gas, which is huge news for their economies, respectively.
[01:01:36.080 --> 01:01:39.880]  This finding is icing on the cake with the recent outlook of the United States now being
[01:01:39.880 --> 01:01:44.880]  the largest oil producer in the world, confirmed by a press release by the Energy Information
[01:01:44.880 --> 01:01:48.520]  Administration of the federal government, revealing recently that, for the first time
[01:01:48.520 --> 01:01:53.040]  in 75 years, the US is again a net exporter of oil.
[01:01:53.040 --> 01:02:00.640]  20 percent of Americans get their frequent news from social media in contrast to the
[01:02:00.640 --> 01:02:05.200]  diminishing 16 percent that cited newspapers as their main source of news, this according
[01:02:05.200 --> 01:02:09.360]  to a new Pew Research Center poll released Monday. This being the first time the Research
[01:02:09.360 --> 01:02:13.800]  Center has found social networking sites outperforming newspapers instead of doing this particular
[01:02:13.800 --> 01:02:18.520]  poll. Compare this to their 1991 results where newspapers were setting the narrative at 56
[01:02:18.520 --> 01:02:22.640]  percent of American surveyed. TV news outlets seem to be on the way out with the youth as
[01:02:22.640 --> 01:02:27.400]  well because the same survey found that 81 percent of people aged 65 and older are still
[01:02:27.400 --> 01:02:33.080]  on TV programming compared to the lowly 16 percent of people aged 18 to 29. No wonder
[01:02:33.080 --> 01:02:37.040]  it's almost every day now that mainstream media outlets are relentlessly calling for
[01:02:37.040 --> 01:02:43.480]  social media sites to be more regulatory and sensorious in what they allow on their platforms.
[01:02:43.480 --> 01:02:47.120]  The Lone Star Lowdown is currently for sponsors. You have a project or a service you like to
[01:02:47.120 --> 01:02:53.120]  advertise with us. Feel free to shoot me an email at rickrotea.com. That's rickrotea.com.
[01:02:53.120 --> 01:03:06.120]  This is your Lowdown for December 12, 2018.
[01:03:06.120 --> 01:03:28.160]  Okay, we are back. Randy Kelton, Rural Law Radio, and we're talking to Tina in California.
[01:03:28.160 --> 01:03:36.560]  And we have here with our special guest, Ken from Missouri. Tina, we kind of talked about
[01:03:36.560 --> 01:03:44.840]  this on the break. Where I was going with all of this is if we can get a stipulation
[01:03:44.840 --> 01:03:55.520]  that the foreclosing entity never had the original note, they will need that original
[01:03:55.520 --> 01:04:04.760]  note with the launches attached in order to establish an unbroken chain of holder status.
[01:04:04.760 --> 01:04:13.520]  If they don't have it, then they never had the standing to enforce the cannons of the
[01:04:13.520 --> 01:04:26.680]  deed of trust in the first instance. What suits have you filed against these guys so
[01:04:26.680 --> 01:04:27.680]  far?
[01:04:27.680 --> 01:04:31.120]  Oh, just too many. And I've been ruled against every touch and turn. Everything according
[01:04:31.120 --> 01:04:36.280]  to the judge, even if it happened after the filing of the suit, is barred by resjudicata.
[01:04:36.280 --> 01:04:41.960]  I've been to the Supreme Court of California. They don't want to go anywhere and go after
[01:04:41.960 --> 01:04:44.200]  these people. It doesn't matter what you file.
[01:04:44.200 --> 01:04:48.800]  Yeah, they're all pretty well bought and paid for. So all you can do is beat them up.
[01:04:48.800 --> 01:04:55.520]  So I'll beat them up on everything I can. And I'm filing bar grievances. I'm getting
[01:04:55.520 --> 01:05:01.320]  a letter written to the Supreme Court. But on January the 13th, 2010, the banks sent
[01:05:01.320 --> 01:05:07.000]  me a notice which stated that the instrument representing the indebtedness of your mortgage
[01:05:07.000 --> 01:05:15.080]  is not a recordable document, but it is in our possession or held on our behalf by our
[01:05:15.080 --> 01:05:22.240]  custodian. And in 2013, they said, sent a notice saying, One West is in possession of
[01:05:22.240 --> 01:05:31.000]  the original note that you had executed and endorsed in blank. The elonges are undated
[01:05:31.000 --> 01:05:36.160]  and they're, I mean, a 12-year-old could write those elonges up or type them up, defined
[01:05:36.160 --> 01:05:42.800]  by the infamous and deposed robo signer, Crystal Moore. But our court says robo signing doesn't
[01:05:42.800 --> 01:05:52.160]  matter. They don't care. And the actual statute said within 30 days after any mortgage has
[01:05:52.160 --> 01:05:58.480]  been satisfied, the mortgagee or the assignee of the mortgage shall execute a certificate
[01:05:58.480 --> 01:06:05.680]  of the discharge thereof as provided in section 2939 and shall record or cause to be recorded
[01:06:05.680 --> 01:06:11.680]  in the office of the counter recorder in which the mortgage is recorded. The mortgagee shall
[01:06:11.680 --> 01:06:18.680]  then deliver upon the written request of the mortgagee or the mortgagee's assignee or
[01:06:18.680 --> 01:06:26.120]  sign the original note and mortgage to the person making the request. And they refused
[01:06:26.120 --> 01:06:27.120]  it.
[01:06:27.120 --> 01:06:33.240]  Okay. That was my question was, what is your remedy? The fact that they were ordered to
[01:06:33.240 --> 01:06:39.280]  do a thing does not necessarily give you a remedy when they do not. Ken, do you have
[01:06:39.280 --> 01:06:44.440]  an opinion on potential remedy?
[01:06:44.440 --> 01:06:50.760]  Well, sure. I mean, there's just so many things and she's already said that she's brought
[01:06:50.760 --> 01:06:52.760]  a lot of claims.
[01:06:52.760 --> 01:06:56.000]  Well, those claims have already been adjudicated.
[01:06:56.000 --> 01:07:03.480]  Right. And so my angle is going to be when you do that, you go slower and then you pick
[01:07:03.480 --> 01:07:09.880]  up your criminal charges and your bar grievances and keep making them suffer. But I mean, I
[01:07:09.880 --> 01:07:13.480]  could think if we talked on the side of a bunch of different angles to come back in or
[01:07:13.480 --> 01:07:17.560]  do another suit, because there's so many issues and so many ways to attack it.
[01:07:17.560 --> 01:07:25.840]  Okay. Tina, I have forwarded your information to Ken. Have you guys talked off the show?
[01:07:25.840 --> 01:07:26.840]  No.
[01:07:26.840 --> 01:07:34.120]  Okay. Send me another email requesting contact and I will send it to Ken.
[01:07:34.120 --> 01:07:40.240]  Great. I would love that because I just, they have taken everything from him. I mean, it's
[01:07:40.240 --> 01:07:46.800]  just as you know, and, you know, and just so Ken knows because he may not have heard
[01:07:46.800 --> 01:07:56.200]  this. I mean, they have gone from, you know, the finances, it's gone from UO 450,000 to
[01:07:56.200 --> 01:08:04.600]  365,000 in the official notice to three months later, 507 to four months after that, 495
[01:08:04.600 --> 01:08:11.280]  to a year later, 508. And they refused point blank every which way but Sunday to ever give
[01:08:11.280 --> 01:08:16.960]  me an accounting. And that goes back to what you were telling the other guy earlier in
[01:08:16.960 --> 01:08:23.200]  California. I actually went to one of the sale, proposed sale dates. I had all the things
[01:08:23.200 --> 01:08:28.640]  printed out that I had a claim, I had a list of things and you were buying this. And one
[01:08:28.640 --> 01:08:35.840]  investor said, we don't care. We'll buy the property because we have attorneys that will
[01:08:35.840 --> 01:08:43.920]  squash you like a cockroach because you can get away with it. We don't care about a lawsuit
[01:08:43.920 --> 01:08:44.920]  that's pending.
[01:08:44.920 --> 01:08:50.800]  Yeah, they, it's California and they know the courts have bought and paid for.
[01:08:50.800 --> 01:08:57.280]  That's right. And there's an authority in the property, they want it. And what I learned
[01:08:57.280 --> 01:09:06.680]  way too late, way, way too late and this guy might get something from this is when they
[01:09:06.680 --> 01:09:19.120]  originally put this sale date and they claimed that 365,740, $740.43 was owed on the 97 notices
[01:09:19.120 --> 01:09:30.560]  of trustee they sent me and built me for and the one they recorded. If I had known then
[01:09:30.560 --> 01:09:37.360]  what you guys know and what I now know, I should have really let it go to sale because
[01:09:37.360 --> 01:09:42.360]  they would have, could have only have taken what they put on the notice of trustee sale
[01:09:42.360 --> 01:09:48.360]  and I would have been able to take the rest of it. But I didn't know that and I wanted
[01:09:48.360 --> 01:09:54.560]  to save my home because I loved my home. I mean, I was attached to my home and it bought
[01:09:54.560 --> 01:10:03.400]  in my income. I could have also, you know, asked the lender, the private lender who was
[01:10:03.400 --> 01:10:09.920]  willing and had submitted an offer to pay that amount in full, which they refused. He
[01:10:09.920 --> 01:10:16.920]  could have then gone and bid up the price even more because whatever was over would
[01:10:16.920 --> 01:10:24.200]  have come to me. But I didn't know that. So if you can get someone to up the bidding
[01:10:24.200 --> 01:10:32.320]  and it goes over what they have, then you're still going to get it. Most people don't know
[01:10:32.320 --> 01:10:43.320]  that. It's a good tactic if you know that information. And I didn't. I didn't know that.
[01:10:43.320 --> 01:10:49.240]  I've been, I've been seven years, seven, eight years trying to get that information
[01:10:49.240 --> 01:10:57.560]  out. Yes. Well, if I had known what I know now, I would have just let it go to full closure
[01:10:57.560 --> 01:11:11.680]  at $365,000 because they couldn't change the amount, you know, on me if, you know,
[01:11:11.680 --> 01:11:19.360]  if I had, if they'd put it in a public notice. After they canceled the sale or it was postponed,
[01:11:19.360 --> 01:11:24.560]  they changed the amount that was owed. But not in the notice. They just, they just changed
[01:11:24.560 --> 01:11:31.480]  the bankruptcy papers and said, I owed $125,000 more, not even three months after they recorded
[01:11:31.480 --> 01:11:38.480]  that note. So if this guy can take away anything from this, it's play the game and try to get
[01:11:38.480 --> 01:11:43.760]  it bid up so that he gets more money.
[01:11:43.760 --> 01:11:47.640]  Now, for this, go ahead, Ken.
[01:11:47.640 --> 01:11:53.280]  No, I was just feeling a little silent there and saying that's very good.
[01:11:53.280 --> 01:12:00.360]  Yeah, but I didn't know that. Nobody, I mean, we don't know that. We're so green. We're
[01:12:00.360 --> 01:12:05.960]  not attorneys. We're just trying our best to save our homes. So let's try to help each
[01:12:05.960 --> 01:12:11.440]  other. You know, I don't know if I'll ever get my home back. Ken, if you can get me any,
[01:12:11.440 --> 01:12:17.640]  help me figure out how to get the damages. I'm due under the California Home Owners Bill
[01:12:17.640 --> 01:12:23.960]  of Rights, which is treble damages, but I'm unable to get them, even through a Supreme
[01:12:23.960 --> 01:12:33.240]  Court. You know, it's, I just feel like let's try to, let's try to screw these people like
[01:12:33.240 --> 01:12:40.000]  they've screwed us because how can they, how can they change something? And you know, they,
[01:12:40.000 --> 01:12:46.400]  they submit a public notice and wait, wait, Tina, you're going to the same place. They're
[01:12:46.400 --> 01:12:55.280]  but the courts are bought and paid for. I know the courts can do the banks can do anything
[01:12:55.280 --> 01:13:05.240]  they want to. Yeah. And they know they can. Yeah. This is, this is my problem with socialism
[01:13:05.240 --> 01:13:12.440]  because socialism is the next thing to fascism. It starts out socialism and then big money
[01:13:12.440 --> 01:13:18.080]  comes in, turns it to fascism. And this is what you get.
[01:13:18.080 --> 01:13:28.160]  Yeah. You talk about projury, by the way, earlier. If an employee of a, not an attorney,
[01:13:28.160 --> 01:13:35.720]  but an employee of an attorney firm, signs under penalty of projury, a document that
[01:13:35.720 --> 01:13:42.520]  is clearly projured because it's got a false accounting, a false amount. How can you go
[01:13:42.520 --> 01:13:53.400]  after an employee of the employee has no immunity whatsoever? And this is what we've been suggesting.
[01:13:53.400 --> 01:14:00.480]  You go after the point of the spear. You got these big companies hiring these people to
[01:14:00.480 --> 01:14:06.240]  do criminal acts. You go after the individuals. And when you go after the individual for the
[01:14:06.240 --> 01:14:12.520]  criminal act, they're going to feed you the one above them. Years ago, when this COPS
[01:14:12.520 --> 01:14:17.480]  program first started, there was one out of Oregon where this was a drug task force and
[01:14:17.480 --> 01:14:23.080]  they would get a user and find out from the user who the pusher was and they'd get the
[01:14:23.080 --> 01:14:28.400]  pusher and find out who his supplier was. And it's just a routine. They just ran the
[01:14:28.400 --> 01:14:35.040]  routine and worked their way out. We could do the same thing. We start going after these
[01:14:35.040 --> 01:14:42.000]  people criminally. And then when the public officials who are bought and paid for and
[01:14:42.000 --> 01:14:48.280]  don't want to go after these guys, we then we go after them. And the allegations against
[01:14:48.280 --> 01:14:56.040]  them get a lot more serious. And they get serious fast. And once we get to politicians,
[01:14:56.040 --> 01:15:00.480]  get up into the level of the district courts and stuff, the courts that are elected where
[01:15:00.480 --> 01:15:08.680]  we start hammering them with cannon fodder. All we can do is produce cannon fodder. They're
[01:15:08.680 --> 01:15:14.480]  never going to be afraid of us. What they're going to be afraid of is the cannon fodder
[01:15:14.480 --> 01:15:21.160]  we're going to provide for their political enemies to use against them. So this is what
[01:15:21.160 --> 01:15:27.680]  I want to build. I want to build a track record. So when somebody tries to take this guy's
[01:15:27.680 --> 01:15:33.320]  position and runs against him, they can drag out this track record we've built and wave
[01:15:33.320 --> 01:15:39.160]  it at him. You know, I got all the highest judges in Texas put in front of a grand jury
[01:15:39.160 --> 01:15:46.280]  once. And I thought it was my eloquent oratory and all the pressure I put on him. But it
[01:15:46.280 --> 01:15:54.560]  turned out that Ron Earl, 25-year district attorney, wasn't running for office again.
[01:15:54.560 --> 01:16:02.480]  He was a Democrat. All nine of these judges were Republicans. I provided Ron Earl with
[01:16:02.480 --> 01:16:10.480]  cannon fodder he could use against his political opponents. Everything's political and all
[01:16:10.480 --> 01:16:17.200]  politics is local. This is how we're going to beat them. Don't expect them to do the
[01:16:17.200 --> 01:16:20.960]  right thing. They're not going to do the right thing. Don't expect them to follow all. They're
[01:16:20.960 --> 01:16:27.160]  not going to. They're scoundrels and they're corrupt. So let's use their corruption against
[01:16:27.160 --> 01:16:34.760]  them by giving their corrupt political enemies ways of beating these guys up. Hang on. About
[01:16:34.760 --> 01:16:43.080]  to go to break. Randy Kelton, rule of law radio. I call it number 512-646-1984. We'll
[01:16:43.080 --> 01:17:09.520]  be right back. It's the 2018 Logos Radio Network annual fundraiser and gun giveaway sponsored
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[01:18:15.960 --> 01:18:20.840]  Luddite and I really don't have any money to give because I spent it all on supplements.
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[01:18:49.080 --> 01:18:56.120]  Prime? No. I mean yes. Wow. Giving without doing anything or spending any money. This is perfect.
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[01:19:26.120 --> 01:19:53.560]  Okay, we are back. We're Andy Kelton, Rue de la Radio, and we've got a special guest, Ken,
[01:19:53.560 --> 01:19:59.640]  from Missouri. We're talking to Tina. Tina, we really need to move along. We are running out of
[01:19:59.640 --> 01:20:07.480]  time here. That's fine. Hopefully, Ken can give me a couple of tips. I have to go get that note
[01:20:07.480 --> 01:20:13.480]  because I want to know what they're hiding or if they even have it. Okay. Well, you're surely open
[01:20:13.480 --> 01:20:21.240]  to harass them all you want to. Okay. Then give me an email. I'll get it to Ken and then you'll
[01:20:21.240 --> 01:20:26.600]  too. You two can get together off the air. If I die earlier who wants some help, tell him,
[01:20:26.600 --> 01:20:30.680]  give him my information and I'll guide him through what I went through so he can avoid
[01:20:30.680 --> 01:20:36.920]  that and maybe give him some tips. Okay. I will do that. Stefan, Stefan,
[01:20:36.920 --> 01:20:51.320]  this is one earlier. Okay. Thank you, Tina. Now, we're going to James in Texas. Hello, James.
[01:20:51.320 --> 01:20:58.680]  Hello, James. I'm having a little trouble when I first unmute people. I'm not sure if they're
[01:20:58.680 --> 01:21:08.360]  actually unmuting or not. Okay. Maybe James will show up in a bit. Back to Ken and we've got Brett
[01:21:09.320 --> 01:21:14.280]  in Texas. Brett's been taking them on for a long time. Brett wanted to talk to Ken about appeals.
[01:21:16.280 --> 01:21:24.440]  Will you address who you're at, Brett? Well, sure. Let's take one open case that Brett now is
[01:21:24.440 --> 01:21:31.240]  just ripe for this very timely because I need to learn how to do this and
[01:21:33.400 --> 01:21:40.760]  I just had this last month, a bad judgment from a judge that should have been disqualified,
[01:21:40.760 --> 01:21:49.960]  but this is the same judge who in the municipal court on his own record was openly threatening me
[01:21:49.960 --> 01:21:56.200]  and I tried to get him disqualified for that. I tried to get him disqualified for several of his
[01:21:57.080 --> 01:22:07.320]  major crimes, but the district judge that came in decided there wasn't any merit to that. Within
[01:22:07.320 --> 01:22:12.840]  five seconds of sitting down had already decided he didn't like me. He was ruling against me by
[01:22:12.840 --> 01:22:20.920]  leaving that bad judge on the bench. Well, so the bad judge issued a bad ruling and now it's time
[01:22:20.920 --> 01:22:37.000]  to appeal. I've done the motion for reconsideration, which he denied. Surprise, surprise. Let's see.
[01:22:37.000 --> 01:22:43.800]  I had a motion to be in arrest of judgment and apart from that, there's nothing else I've done
[01:22:43.800 --> 01:22:53.640]  yet. Okay, I'm ready to jump right on that. I'm sorry. Do you still have time? I mean,
[01:22:53.640 --> 01:22:59.720]  is this timely? Do you still have time to come ahead of your appellate clock ran out?
[01:22:59.720 --> 01:23:09.080]  Well, no, I still have time. The bad ruling was November the 7th and with my motion for
[01:23:09.080 --> 01:23:15.320]  reconsideration that bumps the clock from what I can tell, bumps the clock from a 30-day deadline
[01:23:15.320 --> 01:23:27.480]  to a 90-day deadline. Only if the judge doesn't deny it. If the judge denies it, the clock starts
[01:23:27.480 --> 01:23:38.360]  again the day he denies it. Right. Okay. Okay, go ahead. Yeah, that's what I was going to jump on
[01:23:38.360 --> 01:23:43.000]  because I did talk to him a little bit off the air. When you've got, because you had mentioned
[01:23:43.000 --> 01:23:49.000]  several of your situations that there's not an assigned order yet, so you need to, there's two
[01:23:49.000 --> 01:23:54.840]  issues with that. One, you need to pay attention to that because they may be calling a draw. I've
[01:23:54.840 --> 01:24:02.440]  had situations where they both, they just were going to let it die. But you have to be careful
[01:24:02.440 --> 01:24:09.640]  because then, well, if there's no order, it all goes away. Well, let me come back to that.
[01:24:09.640 --> 01:24:18.200]  Actually, from what Randy was alluding to in Texas, if it goes 90 days, then it doesn't go away
[01:24:18.200 --> 01:24:22.360]  actually. Now that I remember that, if I understand correctly, it becomes a ruling.
[01:24:22.360 --> 01:24:30.680]  So, but you still have to watch every 10 days. This is a mandatory thing that most attorneys know.
[01:24:30.680 --> 01:24:36.520]  You have to check the file manually unless it's online every 10 days because they might pop a
[01:24:36.520 --> 01:24:41.400]  ruling in there and hope that you don't catch it and then you'll lose your other opportunities.
[01:24:42.600 --> 01:24:49.240]  But if there's not a ruling, that's good news, except in Texas apparently when it goes 90 days,
[01:24:49.240 --> 01:24:56.360]  then it's considered your motion is denied. So, that's the first thing to be aware of.
[01:24:59.240 --> 01:25:03.800]  Okay. Now, if you keep on monitoring it like you just pointed out though,
[01:25:04.920 --> 01:25:11.240]  you can get your next reconsideration there. If they wait darn 80 days and then make a ruling
[01:25:11.240 --> 01:25:19.400]  or something silly like that, then you have 10 days to put your second motion for reconsideration.
[01:25:19.400 --> 01:25:24.680]  And you want these long delays because you're going to get smarter and you're going to have
[01:25:24.680 --> 01:25:30.840]  time to file barred grievances and all kind of procedural, administrative, everything you know
[01:25:30.840 --> 01:25:39.800]  and are learning criminal charges. So, the more time it goes by, the better. So, technically,
[01:25:39.800 --> 01:25:48.120]  however, even if the municipal crap is moving on from that, I hardly would call it an appeal issue.
[01:25:48.120 --> 01:25:52.920]  I don't, this is one thing I don't know about Texas Procedure yet is you get a Trial de Novo
[01:25:52.920 --> 01:25:57.560]  or is there an actual appeal for municipal? Anybody want to let me in on that?
[01:25:57.560 --> 01:26:02.920]  It is Trial de Novo, but let me explain Trial de Novo.
[01:26:02.920 --> 01:26:14.120]  Most people don't understand what Trial de Novo is. Trial de Novo means as if the original case
[01:26:14.120 --> 01:26:22.680]  didn't happen, but only for the purpose of perfecting appeal, meaning that you don't have
[01:26:22.680 --> 01:26:30.840]  to appeal based on writ of error. You can appeal with no error at all. That's what Trial de Novo
[01:26:30.840 --> 01:26:37.880]  means. It doesn't mean that the original trial didn't happen because what was said and done
[01:26:37.880 --> 01:26:45.080]  in the original trial becomes collateral estoppel. If they said it in the original trial,
[01:26:45.080 --> 01:26:54.440]  they can't say something different in the Trial de Novo. So, you can get them to say something
[01:26:54.440 --> 01:27:04.920]  stupid, then you can bring it into the appellate court. All right. I'm going to address several
[01:27:04.920 --> 01:27:12.200]  times in court. My strategy and my emphasis is going to be, I don't foresee there being
[01:27:12.200 --> 01:27:21.560]  any even concern about appeals because when you've put forth your claims of their bad faith
[01:27:21.560 --> 01:27:28.120]  and then they stop, they haven't put an order out yet, then you need to go, okay, well,
[01:27:28.120 --> 01:27:35.480]  I may have my wedge in here. This may, the longer the better, in other words. So, that's what I
[01:27:35.480 --> 01:27:42.040]  wanted to emphasize. And does each motion for reconsideration trigger a new 90 days or a new
[01:27:42.040 --> 01:27:48.520]  30 days? It should. I mean, now, unless somebody has come along like me and they went to the
[01:27:48.520 --> 01:27:52.760]  legislature and say, hey, we need to put a clamp on that somehow and they put out some
[01:27:53.400 --> 01:28:03.960]  statutory BS. But what I tell people, my overview of law is when you're dealing with motions
[01:28:03.960 --> 01:28:12.040]  and petitions, is you can file a motion for anything and a petition for anything as long as
[01:28:12.040 --> 01:28:17.560]  you can show cause and you have good grounds. So, they may try to put up a bar in one place and
[01:28:17.560 --> 01:28:23.400]  make a motion for something else. That's what was enamoring to me about the law field when I
[01:28:23.400 --> 01:28:30.360]  first understood this. As long as you can think creatively and you understand what integrity
[01:28:30.360 --> 01:28:35.960]  and due process is, you can keep it going until you can find justice.
[01:28:35.960 --> 01:28:48.520]  Yeah. And that's what I was going to say. Let me just piggyback real quick on that. That's
[01:28:48.520 --> 01:28:53.640]  what the last thing I was going to try to get a comment to Tina about was, if you are able to
[01:28:53.640 --> 01:29:02.520]  keep on going and complained about California people, then all of a sudden you can put some
[01:29:02.520 --> 01:29:07.400]  things into federal court. And I believe, unfortunately though, Randy has said that even
[01:29:07.400 --> 01:29:14.280]  the federal system in California is not so awesome. Nevertheless, you get your people
[01:29:14.280 --> 01:29:19.480]  complained on and then you can jump into federal at some point. And so, all of that takes time.
[01:29:19.480 --> 01:29:25.960]  And so, I'm a person that tells everybody to be thankful when things slow down and create
[01:29:25.960 --> 01:29:30.440]  slowness because you're going to be able to get up one day and go, you know, I can file criminal
[01:29:30.440 --> 01:29:35.800]  charges against that person and lodge this back into the case as another due process issue
[01:29:36.760 --> 01:29:39.560]  and set that up and eventually it'll be set up for federal.
[01:29:40.680 --> 01:29:47.080]  Okay, hang on. We're about to go to break. This is Randy Kelton, Deborah Stevens,
[01:29:48.520 --> 01:29:55.160]  just Randy Kelton. We're full of radio. Deborah's thirsty. I get this all confused. We'll be right
[01:29:55.160 --> 01:30:06.120]  back. The Bill of Rights contains the first ten amendments of our Constitution that guarantee
[01:30:06.120 --> 01:30:11.240]  the specific freedoms Americans should know and protect. Our liberty depends on it. I'm Dr.
[01:30:11.240 --> 01:30:15.240]  Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your
[01:30:15.240 --> 01:30:21.320]  constitutional rights. Privacy is under attack. When you give up data about yourself, you'll
[01:30:21.320 --> 01:30:26.520]  never get it back again. And once your privacy is gone, you'll find your freedoms will start to
[01:30:26.520 --> 01:30:32.840]  vanish too. So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:32.840 --> 01:30:37.480]  Privacy, it's worth hanging on to. This public service announcement is brought to you by
[01:30:37.480 --> 01:30:44.920]  StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:30:44.920 --> 01:30:54.120]  We've made it to the 10th Amendment and the end of the Bill of Rights. Power to the people.
[01:30:54.120 --> 01:30:59.480]  Power to the people right on. That song reminds me that the 10th Amendment says that the powers
[01:30:59.480 --> 01:31:04.200]  not specifically given to the federal government belong to the states or the people. It was the
[01:31:04.200 --> 01:31:09.000]  founding fathers attempt to ensure America's federal government didn't get too powerful.
[01:31:09.000 --> 01:31:13.640]  Activists are using the 10th Amendment today to fight the national health care law, for example.
[01:31:13.640 --> 01:31:17.160]  They point out that health care is not a power given to the federal government,
[01:31:17.160 --> 01:31:20.680]  and they're attempting to nullify it on grounds that it's unconstitutional.
[01:31:21.320 --> 01:31:25.560]  Help Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.440 --> 01:31:35.880]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.880 --> 01:31:41.400]  The government says that fire brought it down. However, 1500 architects and engineers concluded
[01:31:41.400 --> 01:31:45.720]  it was a controlled demolition. Over 6,000 of my fellow service members have given their lives.
[01:31:45.720 --> 01:31:49.880]  And thousands of my fellow first responders have died. I'm not a conspiracy theorist.
[01:31:49.880 --> 01:31:52.280]  I'm a structural engineer. I'm a New York City correction officer.
[01:31:52.280 --> 01:31:54.840]  I'm an Air Force pilot. I'm a father who lost his son.
[01:31:54.840 --> 01:32:00.680]  We're Americans, and we deserve the truth. Go to RememberBuilding7.org today.
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[01:32:04.440 --> 01:32:08.200]  damage from the recent storms? Come on, we all know the government caused it with their
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[01:32:58.600 --> 01:33:03.960]  May not actually be kidding about chemtrails. You are listening to the Logos Radio Network.
[01:33:03.960 --> 01:33:29.960]  LogosRadioNetwork.com
[01:33:34.280 --> 01:33:46.120]  Okay, we are back. Randy Kelton, Rural Law Radio on this Friday, the 14th day of December,
[01:33:46.120 --> 01:33:54.840]  2018. And we've got James. James, we've got Brett and Ken, and we're talking about appellate issues.
[01:33:54.840 --> 01:34:01.080]  On the break, we were talking about interlockatory appeals. Well, you go back over that question,
[01:34:01.080 --> 01:34:08.920]  Brett, I think we need to address that on the air here. Sure. I was just coming to
[01:34:11.000 --> 01:34:16.200]  beginning to understand about interlockatory appeals, and I've made a couple of them, but they
[01:34:16.200 --> 01:34:21.960]  weren't handled in the way I thought they should be. And so I'm beginning to understand, maybe we
[01:34:21.960 --> 01:34:27.080]  can appeal everything that is a bad ruling. And apparently that's not quite the case,
[01:34:27.080 --> 01:34:33.560]  because you were just mentioning. Go ahead. Okay, what we were saying is the only things you can
[01:34:33.560 --> 01:34:40.040]  do in interlockatory appeal on are things that are dispositive. Like Ken mentioned,
[01:34:40.040 --> 01:34:45.560]  subject matter jurisdiction challenge. If I file a challenge, subject matter jurisdiction
[01:34:45.560 --> 01:34:54.760]  challenge, and the judge just blows it off, which they did in Ken's case. Had that ruling been in
[01:34:54.760 --> 01:35:03.960]  our favor, the case would have ended right there, would have been disposed of. So any ruling that's
[01:35:03.960 --> 01:35:11.080]  dispositive that's ruled against you, you can do an interlockatory appeal. And that comes under
[01:35:11.080 --> 01:35:17.560]  the doctrine of judicial economy. If we, the judge ruled improperly on the subject matter
[01:35:17.560 --> 01:35:21.800]  jurisdiction challenge, and we get a proper ruling on it, the case stops right there. So
[01:35:21.800 --> 01:35:28.120]  we don't have to waste the court's time. Or it could dispose of a claim or an issue
[01:35:29.400 --> 01:35:35.320]  that you need to support other claims. So if you get a bad ruling on the front, it would
[01:35:36.440 --> 01:35:41.320]  change the rest of your case. You can do an interlockatory appeal on it. But it has to be
[01:35:41.320 --> 01:35:47.400]  dispositive, either dispositive, dispose of the whole case, or dispose of a claim or an issue.
[01:35:47.400 --> 01:35:57.320]  Does that make sense? Yes, that's great. And generally, most of the motions that we're going
[01:35:57.320 --> 01:36:01.800]  to be submitting are dispositive in nature, because that's the whole point.
[01:36:04.760 --> 01:36:08.680]  Well, some claims, you know, some issues are more administrative,
[01:36:09.480 --> 01:36:15.000]  like discovery and such. If you deny discovery, that's not dispositive.
[01:36:15.000 --> 01:36:24.120]  There are a number of things that go to technical issues, or, you know, can I dispose this,
[01:36:24.120 --> 01:36:29.880]  depose this guy? I say, no, you can't. I don't have to wait till the end of the trial to do that.
[01:36:29.880 --> 01:36:37.800]  The only thing that is subject to interlockatory is something dispositive, which is closely related
[01:36:37.800 --> 01:36:45.560]  to mandamus. Generally, or anything you could do an interlockatory on, you could do a mandamus.
[01:36:48.600 --> 01:36:53.080]  You could actually convert almost anything into an interlockatory, though, because if you had a
[01:36:53.080 --> 01:36:59.800]  discovery issue, you knew your rules, like in Rule 37, if they don't do certain things,
[01:37:00.360 --> 01:37:05.160]  it moves you into disposatory motions, like default judgment, summary judgment,
[01:37:05.160 --> 01:37:11.960]  so you can easily get there. Yeah, you're right about discovery. If the discovery
[01:37:12.680 --> 01:37:21.240]  would potentially lead to information that could lead you to a summary judgment, or
[01:37:22.840 --> 01:37:27.080]  a some type of emotion that would dispose of the case or dispose of an issue,
[01:37:27.080 --> 01:37:35.000]  then you can't reasonably continue the case without having that information.
[01:37:36.200 --> 01:37:42.040]  So, yes, in that case, it would be interlockatory, but it all goes to disposatory issues.
[01:37:45.640 --> 01:37:49.480]  If it's going to dispose of something I need, then I can go back and get it, but
[01:37:49.480 --> 01:37:58.680]  and then you're probably right, Jen, you could phrase most anything so that you could get it
[01:37:58.680 --> 01:38:06.600]  into a dispositive issue. I found it here. It might take two steps. Well, I was going to say
[01:38:06.600 --> 01:38:13.960]  it might take two steps, but you can get there. So, I was looking for this, and I found it in
[01:38:13.960 --> 01:38:22.360]  the Texas Civil Practice and Remedies Code. It says section 51.014, and it describes that
[01:38:23.560 --> 01:38:28.600]  doesn't use the word dispositive. It says two items. It says an order must meet two requirements
[01:38:28.600 --> 01:38:33.800]  before a trial court can authorize an appeal. Number one, the order to be appealed involves
[01:38:33.800 --> 01:38:39.000]  a controlling question of law as to which there's a substantial ground for difference of opinion,
[01:38:39.000 --> 01:38:46.200]  and number two, an immediate appeal from the order may materially advance the ultimate
[01:38:46.200 --> 01:38:49.880]  termination of litigation. So, there's your dispositive part of it, number two.
[01:38:52.440 --> 01:38:54.120]  There you go. Yes. Great.
[01:38:57.560 --> 01:39:01.800]  Works for me. I can insert one more little thing here on this kind of subject,
[01:39:02.680 --> 01:39:08.360]  but my subject is usually pretty much the same, which is you look for the delays,
[01:39:08.360 --> 01:39:14.280]  and the other delay that I'm from reading an article on Texas Procedure is that you can do
[01:39:14.280 --> 01:39:19.320]  findings of facts and conclusions of law motions, at least at the appellate level.
[01:39:20.120 --> 01:39:26.120]  And what that, the reason I'm saying this is, like I said earlier, any grounds that you can think of
[01:39:27.720 --> 01:39:32.360]  can be applied to, you can bounce back and forth your ideas from appellate to trial court.
[01:39:32.360 --> 01:39:36.920]  For example, do a motion for findings of facts and conclusions of law and municipal or in the
[01:39:36.920 --> 01:39:42.680]  district level, even if it's not statutory, if you can show grounds for it and guess what the
[01:39:42.680 --> 01:39:48.600]  grounds are. First amendment, redress of grievances, findings of facts and conclusions of law are a
[01:39:48.600 --> 01:39:56.840]  substantial due process issue. You can't even appeal unless you can get good findings and
[01:39:56.840 --> 01:40:06.120]  conclusions. I have case law for Texas that says that a judge has no discretion in properly
[01:40:06.120 --> 01:40:15.000]  applying the law to the facts. A failure to do so is an abusive discretion that denizes
[01:40:15.000 --> 01:40:18.840]  and pull free access to enjoyment right. That's a criminal act in Texas.
[01:40:19.800 --> 01:40:21.240]  Oh, beautiful. Wow.
[01:40:22.200 --> 01:40:27.560]  Anytime I have reason to believe that the judge failed to properly apply the law to the facts,
[01:40:27.560 --> 01:40:37.560]  the first thing I need is the facts that the judge used or based his opinion on and the law
[01:40:37.560 --> 01:40:41.240]  that he applied to those facts. I have a right to it.
[01:40:43.000 --> 01:40:44.520]  They don't want them to do that.
[01:40:45.320 --> 01:40:48.760]  Failure to produce a request and they don't.
[01:40:51.080 --> 01:40:51.480]  Go ahead.
[01:40:51.480 --> 01:40:59.160]  I've issued those requests and I've even cited the Joaquin v. Chambers and no, they don't do
[01:40:59.160 --> 01:41:03.480]  anything. They just ignore it. They sit on it. They get a criminal complaint, but they don't do
[01:41:03.480 --> 01:41:09.800]  anything. It's all about appeal. You're just setting the record for appeal. Okay. You get
[01:41:09.800 --> 01:41:15.480]  the appellate court, then you ask the appellate court for a word of mandamus to order the judge
[01:41:15.480 --> 01:41:22.040]  to tell you how he ruled because you don't know. He's denying you and your right to appeal
[01:41:23.000 --> 01:41:25.880]  because you don't know what was ruled on. You don't know what to appeal.
[01:41:28.520 --> 01:41:33.320]  Yeah. How far back are you going to go on something like that?
[01:41:35.080 --> 01:41:39.160]  I'm not sure about that. The question is beginning.
[01:41:39.160 --> 01:41:46.360]  You're talking about speaking to a case. How far back in the case you can go?
[01:41:47.640 --> 01:41:54.120]  No. I'm specifically wondering about another case, a different traffic court where we got to the
[01:41:54.120 --> 01:41:57.880]  point of appeal. They wouldn't produce the findings of facts and I eventually couldn't
[01:41:57.880 --> 01:42:03.720]  file my brief to the appellate court, even though I jumped through so many loops. I've written
[01:42:03.720 --> 01:42:11.160]  so many documents and I diligently preserved error. They were prolific with their error
[01:42:12.440 --> 01:42:16.760]  and I kept good track of details about how they were in error.
[01:42:17.800 --> 01:42:25.400]  Listen, there's no statute of limitations on a crime. That's what Randy just said. If it's a
[01:42:25.400 --> 01:42:29.720]  crime in Texas, there ain't no statute of limitations. You file your criminal charges
[01:42:29.720 --> 01:42:35.720]  and now that opens up the door for wherever you are in the appellate level. You just insert that
[01:42:35.720 --> 01:42:45.080]  and you can create that avenue at your will. Hmm. Like a parallel traffic going.
[01:42:46.360 --> 01:42:48.520]  Yeah. You're recreating a history door.
[01:42:50.840 --> 01:42:55.800]  Technically, under law, criminal has nothing to do with civil directly.
[01:42:55.800 --> 01:43:03.880]  Just because a civil case is going on doesn't have any effect on any crimes committed.
[01:43:05.800 --> 01:43:09.640]  Like, you know, heard lawyers say, well, you either got to file criminal charges or got to sue
[01:43:09.640 --> 01:43:15.720]  them. No, no, no, no. Those two don't have anything to do with each other. If I'm in a civil case
[01:43:15.720 --> 01:43:20.760]  and I have knowledge that a crime has been committed, I have a duty to report that crime.
[01:43:20.760 --> 01:43:27.560]  If it's felony and I don't report it, it's class A misdemeanor on my part.
[01:43:29.240 --> 01:43:36.600]  So the criminal part has nothing to do with civil directly. Now, if I'm in a civil case
[01:43:36.600 --> 01:43:41.720]  and someone committed a crime against me in the process of the case, then it indirectly has to
[01:43:41.720 --> 01:43:46.440]  do with the case. But I'm not filing criminal charges. I'm giving notice.
[01:43:46.440 --> 01:43:51.720]  This is the prosecutor's duty to file the charges.
[01:43:54.440 --> 01:43:55.240]  Does that make sense?
[01:43:57.160 --> 01:43:57.880]  Giving notice.
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[01:46:28.200 --> 01:46:43.320]  Okay, we are back. Randy Kelton, Real
[01:46:43.320 --> 01:46:48.280]  Law Radio, and Brett ran off the cliff that time. I get to blame it on somebody else.
[01:46:49.560 --> 01:46:54.040]  Nobody buys that, but I get to blame it anyway. Okay, on the break,
[01:46:54.040 --> 01:46:59.320]  you guys were talking about an issue we need to bring back up here.
[01:47:02.760 --> 01:47:03.960]  Yeah, sorry. So we can...
[01:47:05.000 --> 01:47:08.600]  About criminal complaints and how a criminal complaint brings you back into a case.
[01:47:11.000 --> 01:47:18.200]  Right. If you've run yourself out of time, there's a lot of creative ways to get back in.
[01:47:18.200 --> 01:47:22.440]  You just have to have ground. You could have been in the hospital. You could have not...
[01:47:22.440 --> 01:47:29.080]  I don't know, but the idea with the criminal idea is once you establish a record,
[01:47:29.640 --> 01:47:32.440]  there's a new record. There's new information, a criminal charge.
[01:47:33.480 --> 01:47:37.240]  Even if you've given notice about it or tried to do reconsideration about it,
[01:47:37.240 --> 01:47:43.960]  once you convert it to a crime, that is a different issue. Even if you've mentioned
[01:47:43.960 --> 01:47:49.320]  the procedural part and complained about it, when you up it to the next level,
[01:47:49.320 --> 01:47:54.760]  you've got a new due process issue that whatever case has been you've gone out of time,
[01:47:54.760 --> 01:47:59.240]  you can try to inject that back in and say, look, there's some criminal activity here and
[01:48:01.560 --> 01:48:05.640]  denied me due process, and now I need to bring this back up and reactivate my
[01:48:06.840 --> 01:48:15.480]  claims because I haven't had due process. Yeah, hold on. The judge in the case has a duty
[01:48:15.480 --> 01:48:21.560]  to protect all your rights and your primary right in the court case is due process.
[01:48:22.360 --> 01:48:28.120]  If the court fails to address this criminal allegation as it affects the civil litigation,
[01:48:28.920 --> 01:48:31.880]  then the court itself commits a crime against you.
[01:48:35.320 --> 01:48:37.400]  Excellent. Force the court back in.
[01:48:37.400 --> 01:48:46.520]  And what about discovery? How does that connect back to
[01:48:47.560 --> 01:48:54.040]  when I'm saying this person did some crimes? I don't have standing in that case. So who's
[01:48:54.040 --> 01:48:59.560]  going to ask for discovery to look at the pleadings or see how he ruled improperly on
[01:48:59.560 --> 01:49:02.200]  things or didn't apply the law in the facts of the case?
[01:49:02.200 --> 01:49:11.000]  You have a right to due process in the case, and if you allege criminal behavior on the
[01:49:11.000 --> 01:49:21.720]  part of the judge, your allegation would force the court to investigate the allegation in order
[01:49:21.720 --> 01:49:28.760]  to give you due process in the civil case. Now, the judge can still be prosecuted before the
[01:49:28.760 --> 01:49:33.240]  grand jury. That doesn't have anything to do with you. But if the judge is committed a crime
[01:49:33.240 --> 01:49:40.600]  in your case to your detriment, then you have a right to due process and the court
[01:49:40.600 --> 01:49:50.280]  has a duty to address that issue. Got you. Brett? Yes. I didn't know what you meant by
[01:49:50.280 --> 01:49:58.360]  discovering why you couldn't be involved in that. Well, it might be different in different states.
[01:49:58.360 --> 01:50:03.880]  I'm not sure what Missouri is like. Texas, when you file a criminal complaint, you have no standing.
[01:50:05.960 --> 01:50:15.800]  Oh, okay. But in the case where the criminal complaint arose out of the civil litigation
[01:50:17.160 --> 01:50:23.400]  and the criminal action would affect the civil litigation, then you have standing.
[01:50:23.400 --> 01:50:29.800]  Okay. I think Missouri is going to be the same way.
[01:50:31.880 --> 01:50:38.120]  I think the only state where an accuser has standing that I know of is Pennsylvania.
[01:50:39.400 --> 01:50:45.640]  Pennsylvania doesn't have a grand jury, and that looks like a problem. The prosecuting attorney
[01:50:45.640 --> 01:50:54.920]  has discretion, first blush discretion. So you take a complaint to the prosecuting attorney,
[01:50:54.920 --> 01:51:01.720]  he can refuse to prosecute. Now, that sounds like a problem. To compensate for that problem,
[01:51:01.720 --> 01:51:07.640]  you have standing. You take it to prosecute if he refuses to prosecute, then you can appeal
[01:51:07.640 --> 01:51:15.000]  his determination to the court of common place. And if they refuse to take to pick it up,
[01:51:15.000 --> 01:51:21.960]  you can appeal all the way up to the Pennsylvania Supreme. So it makes up for no grand jury.
[01:51:23.320 --> 01:51:29.320]  So you get standing. But in most other states, you have a duty to give notice of crime. But in
[01:51:29.320 --> 01:51:39.240]  1865, when they created public prosecutors, the public prosecutor was given sole authority
[01:51:39.240 --> 01:51:46.280]  to prosecute crime. Before that, if you had knowledge somebody committed a crime or someone
[01:51:46.280 --> 01:51:51.640]  committed a crime against you, you could hire your own prosecutor and prosecute the guy.
[01:51:53.240 --> 01:52:01.560]  After 1865, they put in state prosecutors. They had sole jurisdiction to enforce. Does that make
[01:52:01.560 --> 01:52:12.120]  sense? Yeah, well, I mean, the prosecutor, if you hire your own prosecutor, that's basically
[01:52:12.120 --> 01:52:17.400]  the same as hiring an attorney because you still had to go to the grand jury before 1865. Or am I
[01:52:17.400 --> 01:52:23.640]  wrong? No, you're right. But they didn't have a public prosecutor to prosecute. If you wanted to
[01:52:23.640 --> 01:52:31.560]  get prosecuted, you had to hire your own lawyer to prosecute. Yeah, okay. But then you had standing.
[01:52:33.320 --> 01:52:40.760]  Once they put in a public prosecutor, then you have a duty to give notice. But once you give
[01:52:40.760 --> 01:52:52.040]  notice, you don't have any further standing. I didn't know why Brett was asking that though.
[01:52:52.040 --> 01:52:57.480]  You don't need anything except the criminal charge against the judge to open your door
[01:52:57.480 --> 01:53:01.480]  back up side. And if you have anything else you wanted to mention about that, I was just curious.
[01:53:03.000 --> 01:53:07.320]  Well, I guess to me, it doesn't seem like it connects or maybe I just don't know how to connect
[01:53:07.320 --> 01:53:15.080]  it to make it. But the criminal complaints that I'm accustomed to filing are not federal level.
[01:53:15.080 --> 01:53:20.120]  I don't know about this FRCP-37 that you mentioned a moment ago. I'm going to be
[01:53:20.120 --> 01:53:25.480]  reading that tonight. But I've been filing based on the penal code of Texas.
[01:53:27.880 --> 01:53:33.160]  And they commit plenty of offenses. And so I file criminally against them there. But it doesn't
[01:53:33.160 --> 01:53:41.560]  tie to making sure that they get me my due process. If you had knowledge that the judge had spit on
[01:53:41.560 --> 01:53:47.480]  the sidewalk, and it's a crime to spit on the sidewalk, you'd have to do you to give notice
[01:53:47.480 --> 01:53:57.000]  of that. But that would have no base, no grounds in your case where the judge has committed a crime
[01:53:57.000 --> 01:54:04.840]  to your detriment. While the judge was presiding in this case, and the crime he committed was
[01:54:05.560 --> 01:54:11.640]  relative to the case, then your right to due process in the case has been
[01:54:11.640 --> 01:54:20.200]  infringed. And that would give you standing to bring it in to choose it in the civil case
[01:54:21.000 --> 01:54:26.360]  to ensure that you get due process in the civil action. Did that make sense?
[01:54:29.080 --> 01:54:31.800]  Yes. I have another addition to that.
[01:54:35.000 --> 01:54:39.080]  Are you ready, Brett? Are you still processing what he said? Or can I add something?
[01:54:39.080 --> 01:54:45.880]  I'll go ahead. All right. So what my angle was was because you had said something that
[01:54:45.880 --> 01:54:52.920]  indicated you may be out of time on certain things, on certain cases. So I'm just saying if you
[01:54:53.960 --> 01:54:59.480]  missed a deadline for something, and you didn't preserve your issue in any other way,
[01:54:59.480 --> 01:55:04.600]  like you didn't motion for reconsideration, or you didn't put in a notice, and you just feel
[01:55:04.600 --> 01:55:08.440]  like you can't appeal, you've lost your appeal deadline, or there's a final judgment that's
[01:55:08.440 --> 01:55:14.120]  been too long, I'm just saying you can rescue that. This is kind of an advanced strategy.
[01:55:15.000 --> 01:55:19.160]  By going back and going, well, you know what? The judge committed a crime by not doing the
[01:55:19.160 --> 01:55:23.480]  findings of facts thing. In Texas, that's a crime, so you file criminal charges,
[01:55:24.120 --> 01:55:29.880]  and then that establishes proof you've created a record of something that you can now come back
[01:55:30.520 --> 01:55:37.160]  and motion out of time for appeal, or out of time for reconsideration in the trial court,
[01:55:37.160 --> 01:55:40.840]  because you have evidence of how your due process was aborted,
[01:55:42.040 --> 01:55:45.000]  and that should get you back into anywhere you need to get back.
[01:55:47.400 --> 01:55:54.120]  A motion out of time for reconsideration. Right. Let's say the statutory jurisdiction for
[01:55:54.120 --> 01:55:58.920]  motion to set aside or motion for reconsideration is 30 days or something. It doesn't even matter.
[01:56:00.360 --> 01:56:06.520]  You can get past the deadline, the statutory deadline, for good cause shown. Good cause shown
[01:56:06.520 --> 01:56:15.160]  is always new information or error, fraud, or mistake. Anything that falls in those four
[01:56:15.160 --> 01:56:23.880]  categories gets you back into any case. It really doesn't even, it doesn't matter how long it's been.
[01:56:24.920 --> 01:56:32.280]  Okay. So you said new information, error. That is a great strategy. We can use that.
[01:56:32.280 --> 01:56:39.480]  Yeah. It's frustrating these strategies are so simple and we never thought of it.
[01:56:40.920 --> 01:56:49.480]  Yeah. I get frustrated sometimes. Something that's so simple and we missed it.
[01:56:50.520 --> 01:56:54.600]  It takes someone like Ken to bring it out. This is why when I first talked to Ken,
[01:56:54.600 --> 01:56:59.560]  I wanted to bring him on here. You're going to be a good asset for all of us.
[01:56:59.560 --> 01:57:05.880]  Yeah. That's what I've had to do. I mean, when you want to fight, you've got to figure out how to
[01:57:05.880 --> 01:57:15.800]  keep it alive until you can win. Okay. We are about out of time. I do want to
[01:57:16.520 --> 01:57:22.120]  address that we still have our fundraiser going. We're about to run out of year on the fundraiser
[01:57:22.120 --> 01:57:29.320]  before we ran out of room on our chart of expectations. We're running kind of short
[01:57:30.120 --> 01:57:36.520]  and we sure could use any help. If you found value from what we've produced here,
[01:57:37.480 --> 01:57:44.840]  go to Logos Radio Network and there's a donation button there. There's a couple of them. The best
[01:57:44.840 --> 01:57:56.040]  one in my opinion is the button for Randy's Beer Fund. That one's a mess. We make a joke
[01:57:56.040 --> 01:58:01.320]  about that, Randy's Beer Fund. There's one there, but it all goes in the same place. We also have
[01:58:02.040 --> 01:58:11.320]  jurisdiction area and Eddie's Traffic Seminar and my e-book. These will all help you find your
[01:58:11.320 --> 01:58:19.480]  place in the legal system and find and develop ways of protecting yourself. When I talk to someone
[01:58:19.480 --> 01:58:26.360]  on the show who has been jurisdictionary, I can always tell. But I'll tell them, well, you should
[01:58:26.360 --> 01:58:31.160]  do this. I'll say, I did that. Well, you should do this. Well, I did that too. And we're just going
[01:58:31.160 --> 01:58:37.080]  to realize that they've got an understanding of basically how the system works. This would be
[01:58:37.080 --> 01:58:43.640]  well worth what you pay for it and it'll help you to show on the air. We are out of time.
[01:58:43.640 --> 01:58:47.000]  Thank you all for listening. We'll be back next week and good night.
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