ROL_2019-01-25_16k_Hr3-4.timecode
[00:00.000 --> 00:06.660] The following use flash is brought to you by The Lone Star Lowdown.
[00:06.660 --> 00:12.800] Markets for Wednesday 16 January 2019 open with precious metals, gold at $1,294.63 an
[00:12.800 --> 00:19.800] ounce, silver $15.60 an ounce, copper $2.66 an ounce, oil, Texas crude $52.11 a barrel,
[00:19.800 --> 00:27.520] Brent crude $60.64 a barrel, and cryptos in order of Market Cap, Bitcoin $3,649.76, Ripple
[00:27.520 --> 00:37.720] XRP $0.32, Ethereum $122.95, and Bitcoin cashed at $129.54 a crypto coin.
[00:37.720 --> 00:44.280] Today in History, the year 1377, Pope Gregory XI moves the papacy back to Rome from Avignon,
[00:44.280 --> 00:49.280] France where it had been since 1309, the relocation of the Pontifix Maximus back to
[00:49.280 --> 00:54.440] Rome from Avignon to Today in History.
[00:54.440 --> 00:59.560] Now recent news, for the fiscal year of 2017, in Texas, nearly 18,000 state employees working
[00:59.560 --> 01:04.440] for cities, towns, and counties made at least $100,000 in their yearly salary, costing
[01:04.440 --> 01:10.120] taxpayers $2.1 billion, with almost 2,000 of them making more than $150,000, out earning
[01:10.120 --> 01:12.080] even the governor's pay grade.
[01:12.080 --> 01:16.720] In Denton County, in the city of Renauk, with a population of only 8,000, city manager Scott
[01:16.720 --> 01:19.200] Campbell made over a quarter of a million dollars.
[01:19.200 --> 01:24.720] In Dallas County, the city manager Opal Maldon Jones of Lancaster, a population of 39,000,
[01:24.720 --> 01:28.920] made over half a million, coming in second place on the top 10 most compensated city
[01:28.920 --> 01:30.480] managers in Texas.
[01:30.480 --> 01:35.560] The number one spot went to Jesus Olivares of Laredo, a population of 261,000.
[01:35.560 --> 01:41.600] When he retired in 2017, he was paid out over $651,000 in cash when he originally started
[01:41.600 --> 01:44.440] off at roughly only $160,000 in 2014.
[01:44.440 --> 01:49.000] However, it wasn't only city managers ranking in the dough, assistant city managers of the
[01:49.000 --> 01:53.120] old, which cities have more than one, have also been compensated quite well.
[01:53.120 --> 01:57.520] All of Austin's five assistant city managers are raking in well over $200,000 each, as
[01:57.520 --> 02:00.240] well as the four assistant city managers in San Antonio.
[02:00.240 --> 02:04.560] If that wasn't enough for you, even pool managers, zoo, public works, parks and recreation,
[02:04.560 --> 02:09.680] and library directors have all benefited quite lucratively from their public service as well,
[02:09.680 --> 02:12.880] many of which are several degrees north of $150,000.
[02:12.880 --> 02:18.440] Add to this the 42 library and 95 park employees making at least six figures, and maybe it's
[02:18.440 --> 02:22.800] time Texans quit worrying about cutting pork in Washington and start focusing on frying
[02:22.800 --> 02:26.960] some local bacon instead.
[02:26.960 --> 02:30.720] The oldest soft drink brand in the United States, the Dr. Pepper Soft Drink Company,
[02:30.720 --> 02:34.440] started a change.org petition to become the official soft drink of Texas.
[02:34.440 --> 02:39.800] Dr. Pepper was created in Waco in 1885 by a pharmacist named Charles Alderton.
[02:39.800 --> 02:45.200] The petition has well over 5,000 signatures.
[02:45.200 --> 02:48.880] These states' 321,000 public school teachers could be getting raises pretty soon, with
[02:48.880 --> 02:53.800] Senator Jane Nelson filing a bill to give teachers a $5,000 annual raise.
[02:53.800 --> 03:20.640] This was Rick Brody with your lowdown for January 16, 2019.
[03:20.640 --> 03:32.780] In the state, I accepted it for value right away, it's not too late, not later, we are
[03:32.780 --> 03:42.160] originators and the pathway seems to get straighter every day, and I can take anything that belongs
[03:42.160 --> 03:44.380] to me and put it to good use.
[03:44.380 --> 04:06.380] I know some architects. I know some engineers. They see me evident. They know a certain
[04:06.380 --> 04:15.380] way. What's up with the blatant deception? What is the nature of what you might gain?
[04:15.380 --> 04:23.380] I see something headed straight from you. I think it looks like a brain.
[04:23.380 --> 04:31.380] Okay, we are back. Randy Kelkin, Rural Law Radio, and we're talking to Tim in Texas.
[04:31.380 --> 04:42.380] Okay, Tim, you're on the good side. I'm going to suggest petition for declaratory judgment.
[04:42.380 --> 04:53.380] And when you file a petition for declaratory judgment, you tell the city that you're
[04:53.380 --> 05:00.380] willing to make a deal before the judge rules on this declaratory judgment.
[05:00.380 --> 05:08.380] You're asking for 300 grand. Ask the municipal league to make you an offer.
[05:08.380 --> 05:12.380] You could close this in a week or so.
[05:12.380 --> 05:17.380] Well, petition, who would I file this with?
[05:17.380 --> 05:22.380] You file a petition for declaratory judgment with the court of appeals.
[05:22.380 --> 05:23.380] Okay.
[05:23.380 --> 05:34.380] And ask them to delay the appeal until they rule on declaratory judgment because the only issue before the court is your claim against the city.
[05:34.380 --> 05:44.380] And your position has already been ruled on by the court of appeals.
[05:44.380 --> 05:53.380] So there is no issue in dispute. You have a right to declaratory judgment.
[05:53.380 --> 05:59.380] You file that, send the city a copy, and then you talk to the council and say,
[05:59.380 --> 06:05.380] talk to the municipal league. If you haven't talked to me, I'll make you a deal.
[06:05.380 --> 06:14.380] Well, sign a deal and this will go away next week. You might have 80 grand in your hand next week.
[06:14.380 --> 06:18.380] Right.
[06:18.380 --> 06:21.380] Okay.
[06:21.380 --> 06:27.380] And it doesn't come out of the city's pocket. It comes out of the municipal league. They've already been paid.
[06:27.380 --> 06:31.380] And it wasn't the city's fault. It was the prosecutor and attorney's fault.
[06:31.380 --> 06:34.380] Exactly.
[06:34.380 --> 06:41.380] And the municipal league because they acted in concert and collusion. The municipal league didn't tell them.
[06:41.380 --> 06:46.380] You guys got to back up and redo this. This wasn't done right.
[06:46.380 --> 06:54.380] If they had done that, they'd have been in good shape. They could have corrected this error, but they didn't.
[06:54.380 --> 06:56.380] All right.
[06:56.380 --> 07:01.380] In the meantime, I need to make sure that the shop is clean.
[07:01.380 --> 07:07.380] Yeah, don't give me any more shots at you. But that's not necessarily a bad thing.
[07:07.380 --> 07:14.380] No, it's not. And I'm not saying it is. It's just that you can tie it up, you know, hand and feet.
[07:14.380 --> 07:21.380] Okay. I can pretty well assure you. You will be in Newark like I am in Boyd.
[07:21.380 --> 07:22.380] Yeah.
[07:22.380 --> 07:32.380] The city manager has told everybody in the city, leave him alone. I don't care what he does.
[07:32.380 --> 07:39.380] I have a fire pit out there when he told me that if I had piled up my brush next to the road, they'd have somebody come get it.
[07:39.380 --> 07:46.380] After six months, sitting next to my house, I drug it over and threw it in the fire pit and lit it on fire.
[07:46.380 --> 07:51.380] A year later, he talked to me about that and he said, oh, it was awful.
[07:51.380 --> 07:56.380] He said the smoke was all over town. Everybody's calling him.
[07:56.380 --> 08:00.380] Can we fire? Can we burn stuff now? Can we burn stuff now?
[08:00.380 --> 08:08.380] Oh, it was horrible. But he never said one word to me at the time.
[08:08.380 --> 08:13.380] He knew better. You will be the same way. There's no way.
[08:13.380 --> 08:20.380] When I tore down the back room on my house, the only thing holding the roof up was one post.
[08:20.380 --> 08:25.380] All the walls were down. The floor was gone. Everything rebuilt the whole thing.
[08:25.380 --> 08:32.380] Never saw that for a city inspector. They did not want anything to do with me.
[08:32.380 --> 08:39.380] Well, here's the difference with Boyd and Newark.
[08:39.380 --> 08:50.380] Newark is infiltrated as this nice little housing development of people that are from college, education, and everything.
[08:50.380 --> 09:02.380] They're here in $450,000 houses. They've got this little town that's just this blank slate ready for them to make it look like they want it to look like they thought.
[09:02.380 --> 09:10.380] Boyd, on the other hand, has got people fourth and fifth generation for the big part.
[09:10.380 --> 09:13.380] I don't think they have...
[09:13.380 --> 09:17.380] No, no, no. We have the same housing developments around us.
[09:17.380 --> 09:22.380] Actually, Boyd's bigger than Newark. He's growing faster than Newark.
[09:22.380 --> 09:29.380] I guarantee you the city of Newark is not going to want to mess with the pictures.
[09:29.380 --> 09:37.380] They've had all that they want. And you cause them way more grief than I ever caused Boyd.
[09:37.380 --> 09:48.380] Boyd never took me on. They've seen me take on other people around them and they didn't want anything to do with me.
[09:48.380 --> 09:52.380] You took them on directly. They are not going to want to mess with you.
[09:52.380 --> 10:04.380] You're in a good position to make a good, fast deal. Get your 80 grand and they won't ever come after you again.
[10:04.380 --> 10:09.380] All right. All right. I wish I was as confident as you.
[10:09.380 --> 10:12.380] I've been there, done that.
[10:12.380 --> 10:21.380] Ellen, this is how it works. They'll fight you the first time and after they get done with that, they don't ever want to go there again.
[10:21.380 --> 10:25.380] Okay.
[10:25.380 --> 10:29.380] My coffee maker is getting loud.
[10:29.380 --> 10:33.380] Okay. That's my story. That's my suggestion.
[10:33.380 --> 10:40.380] Okay. I'll let you get to the other callers right to your diatribe.
[10:40.380 --> 10:44.380] Okay. Diatribe. Ouch.
[10:44.380 --> 10:55.380] Okay. Thank you, Tim. Now we're going to go to Shane in New York. Shane, what do you have for us today?
[10:55.380 --> 11:08.380] Hey, Randy. We had a big bankruptcy hearing Tuesday and it was fed for the extension of 60 days and the creditors for Key Bank and Federal National Mortgage Association
[11:08.380 --> 11:14.380] and also terrorists showed up and they objected to the extension.
[11:14.380 --> 11:25.380] To make a long story short, the judge pondered with our response back and they were going to dismiss it.
[11:25.380 --> 11:30.380] After about a five-minute delay in him thinking about things, he came back and said,
[11:30.380 --> 11:38.380] I'm going to get to March 5th for the Germans and you've got to have your adversary complaints and objections filed.
[11:38.380 --> 11:45.380] No later than February the 3rd, but unfortunately, February the 3rd, I believe it was Sunday.
[11:45.380 --> 11:49.380] That'll just move you to the next day.
[11:49.380 --> 11:59.380] So if it's due on a Sunday, then it's due on Monday.
[11:59.380 --> 12:03.380] It will be Monday then. Okay. All right, great. I just wanted to find that out.
[12:03.380 --> 12:07.380] But boy, oh boy, he was ready to dismiss it.
[12:07.380 --> 12:12.380] He says, I don't care about the IRS. They're on furlough. I don't care about them.
[12:12.380 --> 12:15.380] You guys are focused on these and you guys are supposed to have this in.
[12:15.380 --> 12:25.380] Then we told him, there's been no actual scheduling of when to do that is for the objections or the adversary complaints.
[12:25.380 --> 12:34.380] Well, there is now. So he wants it in 30 days before March the 5th, which means we got to have it in on February the 3rd,
[12:34.380 --> 12:40.380] which actually Monday would be. I didn't know that, Randy. That's the question I had for you tonight.
[12:40.380 --> 12:45.380] Okay. Just said if it's on a Sunday, it goes to Monday.
[12:45.380 --> 12:48.380] Okay. So it'll still be done timely for bringing it on to Monday.
[12:48.380 --> 12:49.380] Yes.
[12:49.380 --> 12:54.380] And the judge before the hearing started, this is my mom's bankruptcy.
[12:54.380 --> 12:59.380] He says, if anybody passed the bar, please remove yourself immediately.
[12:59.380 --> 13:02.380] Only bar or card attorneys are allowed to be up here.
[13:02.380 --> 13:05.380] And so obviously he was talking to me.
[13:05.380 --> 13:11.380] So I had to go back to the back of the room.
[13:11.380 --> 13:19.380] Okay. But he didn't essentially pay attention to the pleadings.
[13:19.380 --> 13:30.380] Yes. His eyes shut and he was dead silent. I swear to God for a good four, five, six minutes was this silent in the courtroom.
[13:30.380 --> 13:32.380] Because he was ready to dismiss it.
[13:32.380 --> 13:39.380] And what was so unusual about it is the law clerk walked out and sat right to the side of the watching things.
[13:39.380 --> 13:44.380] And you never see the law clerk come out.
[13:44.380 --> 13:46.380] Interesting. That's good.
[13:46.380 --> 13:51.380] Yeah. He's paying attention there. And he was like, yeah, he was sitting there watching everything.
[13:51.380 --> 13:56.380] And one thing I want to tell you before we go to the next caller is that we follow the response,
[13:56.380 --> 13:59.380] objecting because the terrace even showing up at the hearing.
[13:59.380 --> 14:04.380] And then we follow the motion to compel the IRS to produce documents, which they still have.
[14:04.380 --> 14:06.380] And they just ignored it now for three months.
[14:06.380 --> 14:14.380] And the the the the clerk that's handling the case because every clerk has assigned a certain case and they have so many clerks in there.
[14:14.380 --> 14:26.380] The bankruptcy court, this fellow filed a defective service, you know, on the on the motions that the there was improper service and the service was absolutely proper.
[14:26.380 --> 14:29.380] You know, the bankruptcy certificate of service forms they have online.
[14:29.380 --> 14:33.380] And we've been filling out the same one since July of 2018.
[14:33.380 --> 14:37.380] And he filed a defective service. I think they're all talking to give us a hard time.
[14:37.380 --> 14:46.380] They're all talking about the letter. But, you know, so I'm just going to refile the motion again with the same affidavit of service.
[14:46.380 --> 14:51.380] It's called a certificate of service to attach to the back of the motion with a proposed order.
[14:51.380 --> 14:59.380] Okay, hold on. This law clerk, is this law clerk a bar card carrying an attorney or a paralegal?
[14:59.380 --> 15:03.380] Yes, I did. Yes, he is. No, he's a bar crime attorney.
[15:03.380 --> 15:06.380] Barg reason.
[15:06.380 --> 15:11.380] Would that be would that be a smart thing to do is when your case is pending?
[15:11.380 --> 15:24.380] Yeah. This lawyer, this lawyer is filing a frivolous issue before the court. That's forbidden.
[15:24.380 --> 15:32.380] Okay. Okay. Well, I think he's not the law clerk, but the clerk for the bankruptcy court, not the actual law clerk himself.
[15:32.380 --> 15:42.380] But I think they're talking and communicating because, you know, they have a clerk in the clerk's office and then they have the actual law clerk for the judge.
[15:42.380 --> 15:44.380] So there's two, you know.
[15:44.380 --> 15:55.380] Well, you might file a complaint with the judge asking the judge to sanction the attorney for bringing a frivolous issue before the court if you don't want to bar grieve him.
[15:55.380 --> 16:02.380] Okay. Okay. Let him know that you're not going to be putting up with that kind of nonsense.
[16:02.380 --> 16:10.380] Yeah, he purposely did that because we filed a motion way back in December to get an extension of time.
[16:10.380 --> 16:18.380] And Mike, the guy that did the affidavit of service served the motion to the other parties, which was the creditor and the trustee.
[16:18.380 --> 16:29.380] He said, he asked the clerk himself, he said, is everything okay here? He goes, yep, everything looks good. And then with the five minutes you went to the paces and filed the defective motion.
[16:29.380 --> 16:33.380] And all it was, all they needed was a proposed order. You know, it's like two sentences.
[16:33.380 --> 16:36.380] And it was very, very aggravating.
[16:36.380 --> 16:42.380] Sting him for it and it'll be aggravating for him.
[16:42.380 --> 16:52.380] And you ask the judge to sanction him. The judge's not going to sanction him, but he will. That's really asking the judge, you know, tell the sky to cut that nonsense out.
[16:52.380 --> 16:55.380] Okay. So you're saying to file something directly into the case?
[16:55.380 --> 16:58.380] Yeah. Okay. Yeah. Hang on. Let's go to break. We'll be right back.
[16:58.380 --> 17:01.380] Okay.
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[19:11.380 --> 19:20.380] Well don't let nothing get to you. Only the Father can deliver you. And don't let bad-mine people hurt you.
[19:20.380 --> 19:23.380] Until Satan get behind you.
[19:23.380 --> 19:27.380] You know what I mean? My friend.
[19:27.380 --> 19:29.380] Now I judge you in court.
[19:29.380 --> 19:42.380] Okay we are back. We're into Sheldon. We're rule of law radio and we're talking to Shane in New York.
[19:42.380 --> 19:45.380] Okay Shane.
[19:45.380 --> 19:57.380] Okay I'm back Randy. So on many ways the law clerk for the judge, he actually is the chief judge of the bankruptcy court in the western district of New York.
[19:57.380 --> 20:02.380] He actually came out and sat there because he appeared out of nowhere as soon as our case was called.
[20:02.380 --> 20:05.380] He must have jumped out of the office and came right out.
[20:05.380 --> 20:10.380] But it was the most amazing moment because you could tell the judge was ready to dismiss the bankruptcy case.
[20:10.380 --> 20:14.380] He goes there's no way you can be able to afford all this to pay any of this back.
[20:14.380 --> 20:19.380] And you know he spent a good 10 minutes talking about how to dismiss this case.
[20:19.380 --> 20:30.380] I mean he said it several times. And then after my mom, your honor please take a look at our response to the objection of the extension of time.
[20:30.380 --> 20:37.380] Everything was dead silent. And I think that's when the law clerk walked out and sat down over to the side.
[20:37.380 --> 20:41.380] He got those little desks.
[20:41.380 --> 20:50.380] Everything most courtrooms are the same in federal.
[20:50.380 --> 20:55.380] That's all I really wanted to tell you but I thought it was interesting that the law clerk came out.
[20:55.380 --> 20:59.380] Well that's good. You're getting their attention.
[20:59.380 --> 21:09.380] Yeah so we're going to have everything filed and I did exactly what you said from months ago, maybe a year ago where you said get all the documents.
[21:09.380 --> 21:14.380] And one thing I want to tell you before I leave you, all the documents linked to the property.
[21:14.380 --> 21:21.380] In Erie County you have to get the name because the name goes to the mortgage and the mortgage goes to the property.
[21:21.380 --> 21:26.380] You can't just type in the property address and pull all the documents. So it's backwards here.
[21:26.380 --> 21:34.380] But I found a discharge from HSBC in 2008 that this mortgage was already discharged back in 2008.
[21:34.380 --> 21:37.380] I like that one.
[21:37.380 --> 21:42.380] Is HSBC the one that's bringing the foreclosure?
[21:42.380 --> 21:47.380] Yes sir. And Ceteris is the one that filed the proof of claim of bankruptcy court.
[21:47.380 --> 21:55.380] And they're not even the real party of interest. They're like an interloper.
[21:55.380 --> 22:00.380] Did you file an action to strike them from the case?
[22:00.380 --> 22:03.380] We are about, yes. We're going to have that filed next week.
[22:03.380 --> 22:04.380] Good, good.
[22:04.380 --> 22:08.380] We're going to have a file so we've got time. So that's where we're at.
[22:08.380 --> 22:12.380] But I just pulled all the documents and I couldn't believe when I finally found that document.
[22:12.380 --> 22:19.380] They actually had it, it was already discharged or settled in discharge back in 2008.
[22:19.380 --> 22:22.380] And they filed a case back in 2015.
[22:22.380 --> 22:34.380] What has happened here is HSBC sold the interest in the note to someone else.
[22:34.380 --> 22:44.380] And when they do that, HSBC has to discharge charges their claim and then the other party has to file their claim.
[22:44.380 --> 22:50.380] So HSBC discharged but the other party didn't file the claim.
[22:50.380 --> 22:55.380] HSBC is trying to stand in but they've already discharged their claim.
[22:55.380 --> 22:58.380] This should get interesting.
[22:58.380 --> 23:03.380] Yeah, very interesting. I just found it, yes, for two days ago.
[23:03.380 --> 23:10.380] Oh. So, okay, so now you're just getting that in the court.
[23:10.380 --> 23:23.380] So HSBC is there doing a prove up and now you can show a document filed in the court record that negates their prove up.
[23:23.380 --> 23:29.380] Right, but the terrorist, the terrorist is the one that filed the proof of claim.
[23:29.380 --> 23:31.380] And the judge was very concerned.
[23:31.380 --> 23:36.380] He said, you guys received judgments already in the state court and they both said, no, we have not.
[23:36.380 --> 23:41.380] We have not received any kind of judgments at all. And the judge says, okay, then we're going to continue this.
[23:41.380 --> 23:45.380] So, because I guess there's that, you know, what is it?
[23:45.380 --> 23:48.380] Residucata is what he's looking for.
[23:48.380 --> 23:51.380] Yes, he's looking for Residucata and he couldn't get it.
[23:51.380 --> 23:54.380] So he says, okay, then I'm going to give you the extension.
[23:54.380 --> 24:04.380] So now you filed to have those guys thrown out of court altogether and filed for a default judgment against HSBC
[24:04.380 --> 24:13.380] because they've already declared the mortgage as paid off.
[24:13.380 --> 24:14.380] Exactly, yeah.
[24:14.380 --> 24:20.380] So I just want to let you know it is very, very, very difficult in this county to find these documents.
[24:20.380 --> 24:25.380] And it was a nightmare, but we've probably pulled every one of them.
[24:25.380 --> 24:30.380] And luckily I had a friend of mine that's a forensic title search in this county.
[24:30.380 --> 24:34.380] You just can't walk down to the court office and just get these documents if you don't know what you're doing.
[24:34.380 --> 24:37.380] It's a complete nightmare. It's like trying to speak Spanish.
[24:37.380 --> 24:41.380] You only know how to speak English.
[24:41.380 --> 24:44.380] Well, good. Glad you got them.
[24:44.380 --> 24:51.380] And Randy, just so you know, your listeners out there, I'm traveling down the 90 in Buffalo and it's an all out blizzard.
[24:51.380 --> 24:54.380] And we're going 25 miles an hour on the 90 right now.
[24:54.380 --> 24:57.380] You can't see no more than 10 feet in front of you.
[24:57.380 --> 25:02.380] Yeah, we're just coming home from a get together tonight.
[25:02.380 --> 25:07.380] Pastor Massad, I do a show for him on Mondays.
[25:07.380 --> 25:17.380] His place is up in the Catskills up off Middleville, New York across the Canadian River from the Herkimer Diamond Mines.
[25:17.380 --> 25:27.380] And I need to call him and tell him that I was out mowing the yard this morning and I thought of you.
[25:27.380 --> 25:36.380] I always do that when he's got about four or five feet of snow on the ground and 20 blows zero and he always says the same thing to me.
[25:36.380 --> 25:41.380] That's why nobody likes you.
[25:41.380 --> 25:49.380] Okay, thank you, Shane and Randy. Keep your stick on the ice.
[25:49.380 --> 25:51.380] Okay, thanks, Randy.
[25:51.380 --> 25:53.380] Okay, thank you, Shane.
[25:53.380 --> 25:58.380] Okay, we are out of callers.
[25:58.380 --> 26:04.380] It's 25 after about four minutes in this segment.
[26:04.380 --> 26:09.380] And that'll leave me with an hour and a half to do due process.
[26:09.380 --> 26:15.380] I have pulled out a legal 101.
[26:15.380 --> 26:29.380] I like to go over this on occasion because it's really the basic stuff that we need to understand to be able to handle ourselves before public officials.
[26:29.380 --> 26:42.380] I'm not going to say handle yourself in court because it's really inappropriate for a pro se litigant to expect to be able to handle themselves in court.
[26:42.380 --> 26:47.380] Because frankly, you're dealing with a lawyer that this is his everyday job.
[26:47.380 --> 26:56.380] And he's a pro at it and you're not and to think that you can beat the pro in his own house is naive.
[26:56.380 --> 26:59.380] But we do have strategies for that.
[26:59.380 --> 27:07.380] And our strategies include objecting to oral argument so that the pro says not pitted against the lawyer.
[27:07.380 --> 27:17.380] And we'll get to that when I come back on the other side and start going through some of the legal issues.
[27:17.380 --> 27:34.380] I've been doing this show a long time and I've tried to come up with a way to explain things in a way that ordinary people can understand and not have to be a lawyer for this to make sense.
[27:34.380 --> 27:42.380] And the first thing that I'll deal with when we come back on the other side are the common fallacies we have about law.
[27:42.380 --> 27:54.380] Once you understand that the law and the courts don't work the way you think they do, they don't work the way you would expect them to,
[27:54.380 --> 28:01.380] then when you come into court you'll have a better grounding in how to deal with these officials.
[28:01.380 --> 28:12.380] And the main thing that I always try to impart is the position you are in when you come before the court.
[28:12.380 --> 28:16.380] There's one thing that all of this is about.
[28:16.380 --> 28:24.380] I went to a traffic court with someone else who had a ticket one time.
[28:24.380 --> 28:34.380] And they're all on hall before the hearing starts and all these people are huffing and puffing and they're going to get the policeman's job and blah, blah, blah.
[28:34.380 --> 28:40.380] There's one guy, an older guy there, a real nice suit. He kind of stood by himself. He looked like an executive.
[28:40.380 --> 28:47.380] We go into court. They called him first. He steps up. He's got a set of notes in his hand.
[28:47.380 --> 28:56.380] He can barely speak. His voice is quavering. The notes he's holding are shaking so hard he can barely breathe them.
[28:56.380 --> 29:01.380] And I'm thinking, what in the world is going on here?
[29:01.380 --> 29:09.380] This is a guy who appeared to be very self-possessed. He's older. He's mature. He's been around a while. What is going on?
[29:09.380 --> 29:17.380] It finally occurred to me. We'll put into a 12-year school system, government mandated.
[29:17.380 --> 29:25.380] And in that school system, we're told what great and wonderful rights we have, but at the same time, it's clearly demonstrated.
[29:25.380 --> 29:30.380] Don't you even think of trying to enforce one of those at this court?
[29:30.380 --> 29:39.380] This is a sixth grader standing in front of the principal. That's the behavioral set he had available to him.
[29:39.380 --> 29:46.380] I'm trying to juxtapose that with a parent going to the principal wanting to know what the heck you're doing to my kids.
[29:46.380 --> 29:52.380] That's a different behavioral set. And everything I do is about making that juxtaposition.
[29:52.380 --> 30:01.380] Hang on. We'll be right back. We'll be right back.
[30:01.380 --> 30:10.380] In a South African game park, a ragnoceros died during an operation to embed a remotely readable tracking microchip in its horn.
[30:10.380 --> 30:16.380] Under Catherine Albrechton, I'll have details on the tragic death of Spencer the Rhino. Next.
[30:16.380 --> 30:22.380] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:22.380 --> 30:27.380] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.380 --> 30:35.380] So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging onto.
[30:35.380 --> 30:42.380] This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:42.380 --> 30:45.380] Start over with StartPage.
[30:45.380 --> 30:50.380] Africa has a real problem with poachers who hunt endangered animals for ivory and meat.
[30:50.380 --> 30:57.380] To stop the slaughter, they've tried various countermeasures, including locator microchips, to track the animal's movements.
[30:57.380 --> 31:04.380] But a game park in South Africa made the wrong decision when they tried to embed a microchip into the horn of a rhino named Spencer.
[31:04.380 --> 31:12.380] To perform the procedure, veterinarians injected him with sedatives, inserted the chip, and tried to wake him up with stimulants.
[31:12.380 --> 31:15.380] The combination tragically resulted in the animal's death.
[31:15.380 --> 31:21.380] It was a painful reminder that drugging and chipping living creatures can be dangerous, and sometimes deadly.
[31:21.380 --> 31:27.380] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[33:27.780 --> 33:37.020] Okay, we are back. Randy Helton, rule of law radio on this Friday, the 25th day of January
[33:37.020 --> 33:46.780] 2019, and we're going to talk about how the courts really work. We'll start out talking
[33:46.780 --> 33:54.580] about some common fallacies about law. The first one I'll always go to is Constitution.
[33:54.580 --> 34:01.980] Many people address their rights. The first place they go is the Constitution, and we
[34:01.980 --> 34:09.540] – school gives us the impression – the public schools at least – that we are protected
[34:09.540 --> 34:17.060] by our Constitution, that the Constitution grants us certain rights, and that is simply
[34:17.060 --> 34:28.500] not true. The Constitution effectively grants us nothing. We are citizens of a republic,
[34:28.500 --> 34:35.980] not a democracy. It is a democratic republic, but at the end of the day, it is a republic.
[34:35.980 --> 34:43.860] In a democracy, all power lies with the people, the people as a group. If the people want
[34:43.860 --> 34:47.380] your property, they can take your property. If they want your life, they can take your
[34:47.380 --> 34:55.660] life. In a republic, all power flows from the individual. You have rights that are
[34:55.660 --> 35:04.420] inalienable. The Constitution doesn't grant you those rights. You have those rights as
[35:04.420 --> 35:15.100] a matter of the fact that you are a citizen in a republic. A citizen in a republic may
[35:15.100 --> 35:28.460] do anything they want to. It is their right to do anything they want to unless they, along
[35:28.460 --> 35:37.380] with all of their other citizens of the republic, have agreed through their legislation to restrict
[35:37.380 --> 35:44.940] their rights. It is important we understand that difference. We are not granted rights
[35:44.940 --> 35:51.820] by any of our documentation. We are granted rights by the fact that we are a republic.
[35:51.820 --> 35:59.260] The Constitution does not grant us rights. The Constitution is a restrictive document.
[35:59.260 --> 36:08.700] It specifically forbids public officials from interfering with certain specified rights.
[36:08.700 --> 36:13.620] It is important to understand that it does not grant us those rights. We already have
[36:13.620 --> 36:21.540] them. It just specifically forbids officials from interfering with those rights. All of
[36:21.540 --> 36:29.620] the other rights we have are forbidden to be interfered with by the Ku Klux Klan Act
[36:29.620 --> 36:36.020] of 1871. That one says that if a public official exerts her reports to exerting authority
[36:36.020 --> 36:42.180] does not expressly have or fails to perform duties required in the form and in the process
[36:42.180 --> 36:48.780] denies the citizen the full and free access to or enjoy them at a right. Then there act
[36:48.780 --> 36:56.420] as a class A misdemeanor. That protects us from any public official who would exercise
[36:56.420 --> 37:03.540] an authority they do not expressly have. Specifically, they are forbidden to interfere
[37:03.540 --> 37:12.460] with our right to speak for speech, interfere with our right to contract, interfere with
[37:12.460 --> 37:19.180] our right to personal freedom to be free from unreasonable search and seizure and so on.
[37:19.180 --> 37:25.020] They do not grant us the rights. We already have them. It is important we always understand
[37:25.020 --> 37:36.340] that public officials may only do what the law specifically authorizes them to do. You
[37:36.340 --> 37:45.420] are the opposite. You may do anything you want to so long as the law does not specifically
[37:45.420 --> 37:54.980] forbid you from doing that. We have all collectively agreed that we will forbid ourselves to commit
[37:54.980 --> 38:04.020] murder, commit theft, fraud, all kinds of stuff. It is all in the codes. Anything that
[38:04.020 --> 38:09.740] is not forbidden specifically in the code, we can do. When a public official says, well,
[38:09.740 --> 38:18.220] you cannot do that, well, where do you come up with that? The last time I was at a court
[38:18.220 --> 38:25.100] with someone else and I was going to go in, they were having a conference with the lawyer,
[38:25.100 --> 38:28.620] with the prosecutor and he said, I couldn't come in there. I said, sure, I can. I'm her
[38:28.620 --> 38:38.500] paralegal. Well, you can be a paralegal. In Texas, a paralegal can't help someone, only
[38:38.500 --> 38:47.340] a lawyer can. I said, where do you come up with that? Did you just make that up? He stood
[38:47.340 --> 38:52.300] there and stared at me like I had stepped off Mars because he didn't know where that
[38:52.300 --> 38:57.740] was at in the law. The reason he didn't know where that was at in the law because it wasn't
[38:57.740 --> 39:10.020] in the law. I was just some presumption based on practice. Goes to a rule. Never make a
[39:10.020 --> 39:18.140] proactive statement of law out of your own mouth. Never tell someone, well, you can't
[39:18.140 --> 39:24.100] do this. You can't do that. The law says you got to do this. The law says I got this right
[39:24.100 --> 39:30.540] now. No, no, no. That's not how you do that. The last time I went to court to ask to see
[39:30.540 --> 39:35.500] some records, I told the clerk, I want to see a copy of all warrants that have been
[39:35.500 --> 39:46.500] issued by the magistrate and served in accordance with 15.16 Texas Code of Criminal Procedure.
[39:46.500 --> 39:55.220] She said, huh, if you don't know what that is, read it. See, I didn't ask for that generally.
[39:55.220 --> 40:05.100] I asked for it specifically by statute. Always when you state law, don't state it colloquially
[40:05.100 --> 40:11.060] or don't state it just out of your own mouth. State it out of the mouth of the court. The
[40:11.060 --> 40:22.860] legislature said in this statute, the court said in this case, do this. If a public official
[40:22.860 --> 40:32.460] makes a statement of law out of his own mouth, do not accept it. Insist they make all statements
[40:32.460 --> 40:39.700] of law out of the mouth of the legislature or the courts, otherwise it's meaningless.
[40:39.700 --> 40:49.220] When you go to court, the judge has one primary duty. I guess you could say they're two duties,
[40:49.220 --> 40:54.900] but they go together. First one is you must determine the facts in accordance with the
[40:54.900 --> 41:03.940] rules of evidence, then apply the law as it comes to him to the facts in the case. That's
[41:03.940 --> 41:11.500] his reason for being there. He has some other authority in that simply to keep the peace
[41:11.500 --> 41:17.260] in the courtroom, but his job is to determine the facts in accordance with the rules of evidence
[41:17.260 --> 41:24.140] and apply the laws that comes to him to the facts in the case. This goes to another unstated
[41:24.140 --> 41:29.220] presupposition about law that is untrue, and that is that the system is intended to be
[41:29.220 --> 41:41.500] fair. The legal system is not intended to be fair. It is intended to be consistent.
[41:41.500 --> 41:48.900] The courts in adjudicating the cases are to adjudicate them according to law so that they
[41:48.900 --> 41:57.500] are consistent. If the judge has a notion about fairness, he needs to leave that at
[41:57.500 --> 42:06.500] the house. That is not the job of the judiciary. That is the job of the legislature. If a court
[42:06.500 --> 42:16.260] applies the law consistently, if he determines the fact, then properly applies the law to
[42:16.260 --> 42:24.220] those facts. That adjudication leads to an unfair outcome. It is the place of the legislature
[42:24.220 --> 42:38.140] to change that, not the judge. There are people out there who support the common law. Guys,
[42:38.140 --> 42:44.900] I think those folks don't know what they're asking for. In the common law which existed
[42:44.900 --> 42:53.420] before the statutory law, the Boulder Inland was a common law court. In a common law court,
[42:53.420 --> 43:04.420] the judge rules on what he thinks is fair. The law is what the judge says the law is.
[43:04.420 --> 43:11.380] As much as we complain about judges, do we really want to give the judges caprice? I
[43:11.380 --> 43:20.060] don't want my judge deciding what he thinks is fair. I want him following my law. If my
[43:20.060 --> 43:25.220] law does not lead to fair outcome, that's a problem for the legislature, not that judge.
[43:25.220 --> 43:32.220] I want him under control. About to go to break. Randy Kelton rules law radio. I'm not going
[43:32.220 --> 43:37.260] to give up to call that number because I'm going to keep doing this for a while. We'll
[43:37.260 --> 43:44.700] be right back. I got a little ahead of myself in about 20 seconds. There will be a little
[43:44.700 --> 43:48.780] space here and then we'll be right back.
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[46:22.100 --> 46:37.020] Okay, we are back. Randy Kelton from Rule of Law Radio, and we're talking about how
[46:37.020 --> 46:44.580] the law really works. The next thing I want to talk about is English. It is a common fallacy
[46:44.580 --> 46:53.180] that English is spoken in court. It is important that we understand that English is not spoken
[46:53.180 --> 47:02.700] in court. What is spoken in court is an English dialect called legalese. A good portion of
[47:02.700 --> 47:12.980] the terms used in court have the same meanings as the terms do in the common tongue, but
[47:12.980 --> 47:20.060] not all of them. We have to be very careful about the terminology we use in court. One
[47:20.060 --> 47:26.820] of the things that I've constructed a motion for is I asked the court to order opposing
[47:26.820 --> 47:40.780] counsel to define all terms of art. Anytime counsel uses a term that has an intended definition
[47:40.780 --> 47:48.140] different than the definition used in the common tongue, we ask that counsel be directed
[47:48.140 --> 47:57.180] to define the term in its current usage. Person. In the common term, person tends to mean
[47:57.180 --> 48:06.340] a living, breathing human being. It does not mean that in court. In court, person means
[48:06.340 --> 48:17.980] a living, breathing human being and a legal fiction. Corporation. LLC. Trust. Legal entities
[48:17.980 --> 48:25.780] created by the courts are construed to be persons for the purpose of certain rights.
[48:25.780 --> 48:33.020] If you don't understand that difference, you can be horribly misled in court. You can
[48:33.020 --> 48:38.300] think you know what you're talking about when you really have no idea. Most all of us have
[48:38.300 --> 48:45.540] had an occasion to enter into a conversation with someone, and we're using words and talking
[48:45.540 --> 48:51.220] about things, and then at some point, you know, somebody calls you and they ask you
[48:51.220 --> 48:54.980] a question and you respond, you get to talking back and forth, and then at some point you
[48:54.980 --> 49:01.820] realize, wait a minute, you're not who I thought you were. Who are you? Now, I've had
[49:01.820 --> 49:06.820] that happen a number of times where I was talking to someone. I thought I knew who they
[49:06.820 --> 49:13.860] were, and we were having what seemed like an intelligent mutual conversation about mutual
[49:13.860 --> 49:23.500] interests and things we both knew about, and it turns out we didn't. That each of us were
[49:23.500 --> 49:30.100] hearing terms and assuming those terms had certain referential index that it referred
[49:30.100 --> 49:33.500] to certain things, and the other one was doing the same thing, but the things we're referring
[49:33.500 --> 49:42.820] to are totally different. So we have to be very careful about how we use our terms, how
[49:42.820 --> 49:53.780] we define our words, so that we, both parties, impart the meaning they intend, and this is
[49:53.780 --> 50:05.180] especially a problem in court. Okay. Next one is, we tend to believe that our lawyer,
[50:05.180 --> 50:11.500] when he comes into court, is on our side. Now, the lawyer's there to adjudicate your
[50:11.500 --> 50:18.220] case in your favor. That is not why the lawyer is in court. The lawyer's in court to make
[50:18.220 --> 50:24.740] money. This is his business, and this lawyer is not going to do anything to jeopardize
[50:24.740 --> 50:32.500] his business. The lawyer brings your case into court, and he argues an issue that the
[50:32.500 --> 50:41.980] judge doesn't like to deal with. An example of this is, we had a guy prove that Title
[50:41.980 --> 50:50.660] 18 of the U.S. Code that was passed in 1948 was never properly passed by the legislature.
[50:50.660 --> 50:57.260] He had a letter from the clerk of the House and the clerk of the Senate. The House sent
[50:57.260 --> 51:06.780] a version of the Title 18 to the Senate. House passed it, Senate to the Senate. The Senate
[51:06.780 --> 51:13.940] made some changes, passed it, sent it back to the House. Before the House approved the
[51:13.940 --> 51:23.380] changes, the legislature closed Sign Die. Sign Die. If it's not signed, it dies. Well,
[51:23.380 --> 51:33.780] after the legislature closed Sign Die, somebody took that to Harry Truman and he signed it.
[51:33.780 --> 51:40.620] It was never properly passed by the House representatives. This lawyer took this to
[51:40.620 --> 51:45.140] court and won his case and was instructed by the court, don't you ever bring that issue
[51:45.140 --> 51:52.460] to this court again. He brought it a second time. They pulled his bar card. He was right.
[51:52.460 --> 52:01.020] He was following actual law. They pulled his bar card anyway for six months. Your lawyer
[52:01.020 --> 52:08.300] is not going to do anything in court to annoy that judge. He's going to tell you that it
[52:08.300 --> 52:15.780] would be irresponsible of him. If he takes your case into court and annoys the judge,
[52:15.780 --> 52:26.460] the next case he brings in the court, if the case is iffy, if it goes to the discretion
[52:26.460 --> 52:33.060] of the judge, judge is likely to rule against his next client because he's upset at the
[52:33.060 --> 52:39.460] lawyer. From the lawyer's perspective, that would be irresponsible. The lawyer is not
[52:39.460 --> 52:46.020] going to do anything to annoy the court, even if it means you lose because he's in business
[52:46.020 --> 52:56.860] to make money. Don't trust your lawyer. I'm not saying be upset at your lawyer. Just
[52:56.860 --> 53:02.780] understand where he lives. If you ask your lawyer to do something that will damage his
[53:02.780 --> 53:11.100] business and it's also not profitability, he's not going to do that. If you want your
[53:11.100 --> 53:20.220] lawyer to adequately adjudicate issues in your case, then you have to give your lawyer
[53:20.220 --> 53:30.780] plausible deniability. We'll talk about how to give your lawyer plausible deniability.
[53:30.780 --> 53:37.660] One of the things we're doing with this electronic lawyer project that we're working on, as
[53:37.660 --> 53:47.180] I spoke to this briefly earlier, is that we want to bring in prosaic legal researchers.
[53:47.180 --> 53:54.020] Not the legal method, the Patriot mythology. We don't want any Patriot mythology. We want
[53:54.020 --> 54:03.020] people who take the law the way it's written and use it to the benefit of the prosaic litigant.
[54:03.020 --> 54:13.220] The lawyer is only going to argue those issues that he's comfortable arguing, that he argues
[54:13.220 --> 54:22.020] all the time and he's very knowledgeable about. Now, that's putting it nicely. In fact, what
[54:22.020 --> 54:33.980] they do is lawyers now for the most part specialize. I might have time to get to how Lexis and
[54:33.980 --> 54:41.580] Westlaw screwed up the legal profession, but prior to the mid-70s, lawyers tended to be
[54:41.580 --> 54:47.740] general lawyers. They handled almost everything, but after the advent of search engines, they
[54:47.740 --> 54:57.500] all had to specialize because the worst thing that can happen to a lawyer is missing something.
[54:57.500 --> 55:03.340] You go into court and you're just an ignorant old prosaic. You and I both were both a couple
[55:03.340 --> 55:08.660] of ignorant old prosaic. We didn't screw up all we want to. The judge would get annoyed
[55:08.660 --> 55:16.340] at us and hear a rule against us, but he's going to do that anyway. Even if he doesn't,
[55:16.340 --> 55:26.060] it behooves you to expect that the court will rule against you out of hand at every turn.
[55:26.060 --> 55:33.180] He might not, but you should expect that he will because your only purpose in the court
[55:33.180 --> 55:38.900] is to set the record for appeal. It doesn't matter how the judge rules, you're just setting
[55:38.900 --> 55:47.380] the record. Lost my place. You're going into court and you have a lawyer, and the lawyer
[55:47.380 --> 55:53.020] is not going to do anything that's going to annoy the judge. We're going to these prosaic
[55:53.020 --> 55:57.780] researchers. The lawyer is only going to do what he does all the time. Let me step back
[55:57.780 --> 56:06.260] here and get back to where I was. A lawyer, when he takes on a client, will get a retainer,
[56:06.260 --> 56:12.020] and this is how he makes most of his money is with retainers. He takes you on and gets
[56:12.020 --> 56:18.740] a $3,000-$5,000 retainer. The lawyer on the other side takes the opposing party and they
[56:18.740 --> 56:24.820] do the same thing. Then the lawyer goes to his drawer and he pulls out this motion. He's
[56:24.820 --> 56:29.620] already got written because he uses it in every case. He puts your name on it and then
[56:29.620 --> 56:36.260] charges you for creating that motion, and he files it. The lawyer on the other side goes
[56:36.260 --> 56:41.060] to his drawer and opens it up and pulls out a standard response, puts his class names
[56:41.060 --> 56:48.740] on it, files it, and he charges it. Dr. Grace calls this the flurry of motions at the beginning
[56:48.740 --> 56:58.900] of a case. Well, this flurry of motions are the lawyers using up your retainer with standard
[56:58.900 --> 57:06.020] pleadings. They make a lot more money taking a motion out of the drawer, putting your name
[57:06.020 --> 57:11.380] on it, and filing it then they do actually sitting down and creating documentation.
[57:13.300 --> 57:20.900] Once they've used up your retainer, in order to get your retainer, they're going to do this song
[57:20.900 --> 57:26.500] and dance and seltzer down your pants and tell you you got this perfect case and you'll just
[57:26.500 --> 57:31.940] beat the snot out of them in court and we'll win you a lot of money until they get that retainer.
[57:32.900 --> 57:36.340] Then they use up that retainer with the standard back and forth motions,
[57:37.780 --> 57:43.060] and when they get the flurry of motions completed, they've used up your retainer. Now they come
[57:43.060 --> 57:49.620] back to you and say, okay, well, this turns out to be a lot harder than I expected. Now you're
[57:49.620 --> 57:55.300] going to have to give me three times the amount in a retainer for me to continue. Because if he
[57:55.300 --> 58:05.220] continues, now he's going to have to start doing real legal research. Excuse me, and it's not that
[58:05.220 --> 58:11.620] the lawyer doesn't want to do legal research. It's that he doesn't make as much money doing legal
[58:11.620 --> 58:17.780] research as he does pulling a motion out of his file and filing it with court. He's a lot more
[58:17.780 --> 58:23.540] money that way than spending a lot more time on the golf course. If you don't continue with him,
[58:23.540 --> 58:32.980] that's okay with him. He'll collect another retainer, make more money that way. This may not be right,
[58:34.660 --> 58:42.980] but this is how it works in the real world. Everybody in business will do what they can
[58:42.980 --> 58:46.020] to make the most profit. Hang on, we'll be right back.
[58:46.020 --> 58:54.020] Would you like to make more definite progress in your walk with God?
[58:54.020 --> 59:00.180] Bibles for America is offering a free study Bible and a set of free Christian books that can really
[59:00.180 --> 59:05.380] help. The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.380 --> 59:10.820] today. It's an accurate translation and it contains thousands of footnotes that will help you to know
[59:10.820 --> 59:16.980] God and to know the meaning of life. The free books are a three-volume set called basic elements of
[59:16.980 --> 59:22.260] the Christian life. Chapter by chapter, basic elements of the Christian life clearly presents
[59:22.260 --> 59:28.820] God's plan of salvation, growing in Christ and how to build up the church. To order your free
[59:28.820 --> 59:35.380] New Testament recovery version and basic elements of the Christian life, call Bibles for America
[59:35.380 --> 59:49.060] toll free at 888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[01:00:06.180 --> 01:00:12.980] Markets for Wednesday 16 January 2019 open with precious metals gold at $1,294.63 an ounce,
[01:00:12.980 --> 01:00:19.460] silver $15.60 an ounce, copper $2.66 an ounce, oil, Texas crude $52.11 a barrel,
[01:00:19.460 --> 01:00:25.700] Brent crude $60.64 a barrel, and cryptos in order of market cap Bitcoin $3,649.76,
[01:00:25.700 --> 01:00:35.220] Ripple XRP $0.32, Ethereum $122.95 and Bitcoin cash at $129.54 a crypto coin.
[01:00:37.460 --> 01:00:44.100] Today in History, the year 1377 Pope Gregory XI moves the papacy back to Rome from Avignon,
[01:00:44.100 --> 01:00:50.660] France where it had been since 1309. The relocation of the Pontifix Maximus back to Rome from Avignon.
[01:00:50.660 --> 01:00:59.140] Today in History. In recent news, for the fiscal year 2017 in Texas, nearly 18,000 state employees
[01:00:59.140 --> 01:01:04.340] working for cities, towns and counties made at least $100,000 in their yearly salary costing
[01:01:04.340 --> 01:01:10.420] taxpayers $2.1 billion with almost 2,000 of them making more than $150,000 out earning even the
[01:01:10.420 --> 01:01:15.700] governor's pay grade. In Denton County in the city of Renault with a population of only $8,000,
[01:01:15.700 --> 01:01:20.740] city manager Scott Campbell made over a quarter of a million dollars. Dallas County, the city manager
[01:01:20.740 --> 01:01:26.660] Opal Maldon Jones of Lancaster, population of 39,000, made over half a million coming in second
[01:01:26.660 --> 01:01:31.860] place on the top 10 most compensated city managers in Texas. The number one spot went to Jesus
[01:01:31.860 --> 01:01:39.860] Olivares of Laredo, population 261,000 when he retired in 2017. He was paid out over $651,000
[01:01:39.860 --> 01:01:45.940] in cash when he originally started off at roughly only $160,000 in 2014. However, it wasn't only city
[01:01:45.940 --> 01:01:50.500] managers ranking in the dough. Assistant city managers of the which cities have more than one
[01:01:50.500 --> 01:01:55.620] have also been compensated quite well. All of Austin's five assistant city managers are raking in
[01:01:55.620 --> 01:02:00.260] well over $200,000 each as well as the four assistant city managers in San Antonio. If that
[01:02:00.260 --> 01:02:04.900] wasn't enough for you, even pool managers, zoo, public works, parks and recreation and library
[01:02:04.900 --> 01:02:09.620] directors have all benefited quite lucratively from their public service as well. Many of
[01:02:09.620 --> 01:02:16.260] which are several degrees north of $150,000. Add to this the 42 library and 95 park employees
[01:02:16.260 --> 01:02:21.300] making at least six figures and maybe it's time Texans quit worrying about cutting pork in Washington
[01:02:21.300 --> 01:02:28.340] and start focusing on frying some local bacon instead. The oldest soft drink brand in the United
[01:02:28.340 --> 01:02:32.660] States, the Dr. Pepper soft drink company, started a change.org petition to become the
[01:02:32.660 --> 01:02:38.180] official soft drink of Texas. Dr Pepper was created in Waco in 1885 by a pharmacist named
[01:02:38.180 --> 01:02:46.820] Charles Alderton. The petition has well over 5,000 signatures. The state's 321,000 public school
[01:02:46.820 --> 01:02:50.900] teachers could be getting raises pretty soon with Senator Jane Nelson filing a bill to give
[01:02:50.900 --> 01:03:08.580] teachers a $5,000 annual raise. This was Brick Brody with your lowdown for January 16, 2019.
[01:03:21.700 --> 01:03:32.500] Okay, we are back Randy Kelton rule of law radio and we're talking about I'm actually going through
[01:03:32.500 --> 01:03:41.300] legal 101. When we went out we were talking about the lawyer and where he lives. He's not on your
[01:03:41.300 --> 01:03:47.860] side, he's on his side and he's not going to do anything that's going to get him across purposes
[01:03:47.860 --> 01:03:56.980] with the judge. If you want the lawyer to effectively adjudicate your case you have to give the lawyer
[01:03:56.980 --> 01:04:08.020] plausible deniability. Now sometimes plausible deniability comes in the form of a kick in his
[01:04:08.020 --> 01:04:17.860] professional behind but if that's what it takes that's what it takes. We are talking to
[01:04:19.860 --> 01:04:28.740] pro se litigants, pro se researchers because we want them to bring us issues that the lawyers
[01:04:28.740 --> 01:04:35.860] will never touch. Issues they don't address all of the time, issues that go to specific remedies
[01:04:35.860 --> 01:04:43.700] that the lawyers don't always adjudicate. So if a lawyer brings a new issue the other lawyer on
[01:04:43.700 --> 01:04:49.140] the other side is not going to be a happy camper because he's going to have to research out that
[01:04:49.140 --> 01:04:55.460] issue and they don't make years much money when they're doing legal research. So he'll wind up
[01:04:55.460 --> 01:05:05.540] with his buddy, the opposing counsel, a fellow lawyer not very happy with him.
[01:05:07.220 --> 01:05:13.860] One thing you have to understand about court is going to court is like sitting down at a
[01:05:13.860 --> 01:05:22.020] four-sided chess board and in four-sided chess everything is about relationships. Generally a
[01:05:22.020 --> 01:05:28.100] couple of the two on each side will gain together and try to get rid of the other two. Once those
[01:05:28.100 --> 01:05:36.900] two are gone then they play against each other. When your lawyer is to your right you have a
[01:05:36.900 --> 01:05:45.060] relationship with him. The lawyer, your opposing counsel is to your left. Your lawyer and that
[01:05:45.060 --> 01:05:53.300] lawyer have a professional relationship. Both lawyers have a relationship with the judge. You're
[01:05:53.300 --> 01:06:03.700] the odd man out or the odd person out. If you are to win your case you have to find a way to get into
[01:06:03.700 --> 01:06:11.140] those personal relationships and one way to do that is by kicking your lawyer in his professional
[01:06:11.140 --> 01:06:19.300] behind. Either bargreef him or threaten to bargreef him. We do this all the time. If you
[01:06:19.300 --> 01:06:25.220] bargreef one of your own lawyer the first thing he's going to do is run down to the court with a
[01:06:25.220 --> 01:06:32.820] motion to withdraw and what you do is you run down with the court to the court with an opposition
[01:06:32.820 --> 01:06:39.140] to his motion to withdraw and you notice the court that the lawyer is under contract to you
[01:06:39.140 --> 01:06:47.220] and the court is not to interfere with that private contract. Then if the court allows the
[01:06:47.220 --> 01:06:54.100] lawyer to withdraw then you file suit against the judge for interfering with the private contract.
[01:06:54.820 --> 01:07:02.020] A decision to allow a lawyer to withdraw from a case is not an adjudicative decision for which
[01:07:02.020 --> 01:07:10.100] he has immunity. This is an administrative decision for which he does not have immunity
[01:07:11.540 --> 01:07:16.260] and he is forbidden by constitution from interfering with a private contract.
[01:07:20.100 --> 01:07:25.300] And what this does is gives your lawyer plausible deniability.
[01:07:25.300 --> 01:07:34.020] Now the lawyer can go to the judge and say judge you got to help me out here. I have a
[01:07:34.020 --> 01:07:42.020] difficult client. This client is fixing to bust my chops. So you need to help me out here. I'll
[01:07:42.020 --> 01:07:53.140] pay you back on the next client. So you use this to leverage your way into those relationships
[01:07:53.140 --> 01:08:00.020] all these individuals have. You get to use them to your benefit. The last criminal case I had
[01:08:00.020 --> 01:08:09.220] against myself was dismissed by the judge to protect my lawyer from me. See the county of
[01:08:09.220 --> 01:08:15.620] Travis appointed me counsel because I didn't have one. The judge asked me if I was going to hire
[01:08:15.620 --> 01:08:21.540] counsel and I said no. Well would you like me to appoint you counsel? So I don't care what you do
[01:08:21.540 --> 01:08:27.780] and so if you appointed me counsel the judge dismissed the case to protect that lawyer from me
[01:08:29.380 --> 01:08:34.100] because I was forcing the lawyer to bring issues before the court that he didn't want to bring
[01:08:34.100 --> 01:08:41.060] but I already told him you failed to adequately adjudicate a single one of these I'll bargain
[01:08:41.060 --> 01:08:51.540] review. So I've got 20 primary issues before the court and this is a brand new lawyer. One
[01:08:51.540 --> 01:08:59.220] bar grievance he can't get insured. He's going to wind up flipping burgers. So to keep me from
[01:08:59.220 --> 01:09:06.580] bar grieving my lawyer the lawyer was forced to put my motions and pleasings before the court
[01:09:06.580 --> 01:09:16.020] and argue them but you know how to. It was when the lawyer came to me we're in court the lawyer
[01:09:16.020 --> 01:09:20.660] and the prosecutor and the judge are up at the bench and I'm outside the bar. My lawyer came to
[01:09:20.660 --> 01:09:25.380] me and said the prosecutor said she knows who you are and if you start filing criminal charges
[01:09:25.380 --> 01:09:30.740] she's going to charge you with tampering the government document. Now look at this prosecutor
[01:09:30.740 --> 01:09:35.780] and then back at my lawyer I said she said that did she said yes you did and I pointed at her you
[01:09:35.780 --> 01:09:42.500] come here and I told my lawyer tell her to get over here and I got 30 of these and I pulled
[01:09:42.500 --> 01:09:47.780] 30 of them out of my briefcase. I need her to verify these in accordance with her duty under
[01:09:47.780 --> 01:09:54.660] article 2.06 code of criminal procedure. I pointed at her you come over here she scooched up against
[01:09:54.660 --> 01:09:59.780] the bench like the judge was going to protect her or something so I handed him to my lawyer.
[01:09:59.780 --> 01:10:03.540] He held up both hands with his palms out I'm not going to touch them I'm not going to touch them
[01:10:03.540 --> 01:10:09.700] thank them you chicken and I did this in front of the judge the judge calls a recess for lunch.
[01:10:11.060 --> 01:10:17.060] Before I can get my burrito my lawyer called me and told me the judge dismissed the case.
[01:10:18.820 --> 01:10:26.340] He dismissed the case to keep me from getting that lawyer's now practice insurance stuff dropped.
[01:10:26.340 --> 01:10:34.420] If you're going to win your case and if you're going to get your lawyer to actively adjudicate
[01:10:34.420 --> 01:10:44.820] your case you have to give the lawyer a way that he can do that without interfering with
[01:10:44.820 --> 01:10:52.340] his relationship with the judge and opposing counsel. Sometimes it takes a good swift kick
[01:10:52.340 --> 01:10:58.100] in the professional behind but that's okay we're not too concerned about the
[01:10:59.620 --> 01:11:03.220] lawyer's professional position we're generally more concerned about our case
[01:11:04.660 --> 01:11:08.500] and okay now I'm going to talk about what they don't teach in law school.
[01:11:11.540 --> 01:11:16.340] In law school for the most part they teach lawyers how to argue legal issues.
[01:11:16.340 --> 01:11:24.580] They do not teach them how to practice law. It's not until they get out of law school and get out
[01:11:24.580 --> 01:11:31.700] here in the real world that they find out how things really work. For the most part the lawyer's
[01:11:31.700 --> 01:11:38.980] not someone who adjudicates cases for the most part he's a salesman. For the most part a lawyer
[01:11:38.980 --> 01:11:49.700] spends his time getting new clients and this is because of this retainer issue. The lawyer who
[01:11:49.700 --> 01:11:59.460] makes more money filing emotions that he already has written. He doesn't make as much money doing
[01:11:59.460 --> 01:12:06.500] legal research. Okay sometimes they have to do legal research to establish themselves and
[01:12:06.500 --> 01:12:16.900] sometimes they like to take on unusual cases so that they can research out an area that most of
[01:12:16.900 --> 01:12:24.020] the lawyers don't practice very often so that they can then put their emotions and pleadings on a
[01:12:24.020 --> 01:12:31.780] website and other lawyers can find them and then hire this lawyer when they need expertise in a
[01:12:31.780 --> 01:12:41.700] given area. In those cases they need lawyers like to build a repertoire but for the purpose of adjudicating
[01:12:41.700 --> 01:12:46.180] cases and making the money that way they don't want to do all this research. They want to just
[01:12:46.180 --> 01:12:52.020] pull the motion out of their file and file it with the court and then go play golf.
[01:12:53.300 --> 01:12:58.420] So that means they get the retainer, use up the retainer and then dump the client and get another
[01:12:58.420 --> 01:13:06.660] retainer. That gets them spending most of their time as a salesman. And another thing,
[01:13:09.460 --> 01:13:17.300] the practice of law is not taught in court. I mean sorry, law school. In law school they teach
[01:13:17.300 --> 01:13:25.060] how to argue legal issues. They don't teach the lawyer how the business of law actually works.
[01:13:25.060 --> 01:13:31.140] They learn that once they get out. They don't teach the lawyer how to get motions put on for
[01:13:31.140 --> 01:13:43.060] hearing, how to analyze a judge, how to know what the unwritten rules are. All of these things they
[01:13:43.060 --> 01:13:48.900] learn once they get out of court. I'm sorry. All of these things they learn once they get out of
[01:13:48.900 --> 01:13:58.260] law school. One thing they don't tell lawyers for the most part in law school, they find this out
[01:13:58.260 --> 01:14:05.540] after they get into the practice. And that is that lawyers will spend the rest of their
[01:14:05.540 --> 01:14:15.940] professional careers kissing some arrogant judges behind. Lawyers are terrified.
[01:14:15.940 --> 01:14:24.900] You and I, we're just digging a process. We can go before the court and we can screw everything up.
[01:14:25.780 --> 01:14:30.740] And the judge will get annoyed as, and he'll probably rule against us, but you can expect
[01:14:30.740 --> 01:14:39.460] him to do that anyway. Lawyers on the other hand, they are learned counsel. And as learned counsel,
[01:14:39.460 --> 01:14:44.740] first they have to know everything and then they can't miss anything. Well, they know they don't
[01:14:44.740 --> 01:14:50.900] know squat. They get out of law school. They know a lot about how to argue legal issues, but
[01:14:51.620 --> 01:14:57.140] they don't know much of anything about the practice. So they're terrified. For the most part,
[01:14:57.140 --> 01:15:04.500] lawyers try to get on with a law firm. And then the older lawyers mentor the younger lawyers.
[01:15:05.860 --> 01:15:10.180] If they don't get on with a law firm, then they'll generally get on the attorney wheel.
[01:15:10.180 --> 01:15:15.300] So they get court appointed counsel. And then the judges and prosecutors mentor these lawyers.
[01:15:16.420 --> 01:15:22.260] They show the lawyers the ropes, how to file motions, how to get them put on for hearing,
[01:15:22.260 --> 01:15:27.860] all those kind of things. I was in court once when I had sued the county sheriff.
[01:15:29.300 --> 01:15:33.060] And since I was a pro se, they always give the young lawyers the process.
[01:15:33.060 --> 01:15:41.140] So this lawyer, he looked like he just got out of law school. Or in court, the lawyer hands me
[01:15:41.140 --> 01:15:47.700] a stack of legal research. And then you take some, it's about a three quarters of an inch high,
[01:15:48.820 --> 01:15:58.260] take some and put it on the judges desk at the bench. I picked it up. And this was several years
[01:15:58.260 --> 01:16:06.740] ago. He had taken the law book and put it on a copier and copied two pages on one page.
[01:16:07.620 --> 01:16:16.180] So the font size was about a point six. I looked at that and said to the judge,
[01:16:16.180 --> 01:16:23.780] judge, does the court have a magnifying glass? The judge looked at me kind of strange and
[01:16:23.780 --> 01:16:30.100] looked down at the discovery. I mean, at the case law, the lawyer had given,
[01:16:30.100 --> 01:16:36.100] he picked it up by the corner, this whole stack and slung him across the courtroom.
[01:16:36.100 --> 01:16:40.980] And just reamed this lawyer about trying to blind him, sending him this garbage.
[01:16:41.700 --> 01:16:46.100] And I looked up at the lawyer and grin and kind of gave him my thumbs up because it was clear.
[01:16:46.100 --> 01:16:52.420] He wasn't mad at the lawyer. He was teaching the lawyer. He was mentoring him. And this is what
[01:16:52.420 --> 01:16:58.500] judges and prosecutors do. That's how lawyers learn the ropes. And hang on back to a break.
[01:17:00.260 --> 01:17:04.820] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:15.780 --> 01:17:20.820] instructions in plain English on how to win in court using federal civil rights statute.
[01:17:20.820 --> 01:17:26.580] What to do when contacted by phone, mail, or court summons. How to answer letters and phone calls.
[01:17:26.580 --> 01:17:31.140] How to get debt collectors out of your credit report. How to turn the financial tables on them
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[01:17:37.140 --> 01:17:42.180] to stop debt collectors. Personal consultation is available as well. For more information,
[01:17:42.180 --> 01:17:47.380] please visit ruleoflawradio.com and click on the blue Michael Meyers banner or email
[01:17:47.380 --> 01:17:57.300] Michael Meyers at yahoo.com. That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:17:57.300 --> 01:18:02.820] To learn how to stop debt collectors now. I love logos. Without the shows on this network,
[01:18:02.820 --> 01:18:07.220] I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's no going
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[01:18:23.380 --> 01:18:27.940] you asked. Whenever you order anything from Amazon, you can help logos. With order and your
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[01:18:40.020 --> 01:18:46.100] you use that link and logos gets a few pesos. Do I pay extra? No. Do you have to do anything
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[01:19:11.060 --> 01:19:28.500] Oh, come on.
[01:19:28.500 --> 01:19:57.940] Okay.
[01:19:57.940 --> 01:20:07.700] We are back. Excuse me. We are back Randy Kelton for Rural Law Radio and we're talking about how
[01:20:07.700 --> 01:20:14.180] the courts really work. Okay. I want to stop talking about lawyers now. I kind of hope I'm kind
[01:20:14.180 --> 01:20:21.780] of giving you an idea of where lawyers live, the problems and issues they have to deal with.
[01:20:21.780 --> 01:20:30.820] Now, I want to talk about how you should think about the court. First thing to understand,
[01:20:31.860 --> 01:20:41.300] never expect to win in the trial court. Most good lawyers never expect to win in the trial court.
[01:20:41.300 --> 01:20:49.620] I know it's TV and all these programs, the lawyers are in there fighting for their clients,
[01:20:49.620 --> 01:20:54.660] trying to win the case. For the most part, that's not where you try to win the case.
[01:20:56.340 --> 01:21:01.380] You should go into court expecting the judge to rule against you out of hand at every turn,
[01:21:01.380 --> 01:21:09.300] no matter what you file, no matter how good your law. Your only purpose in the trial court
[01:21:09.300 --> 01:21:21.300] is to set the record for appeal. You have to understand about the judges. A judge's duty is
[01:21:21.300 --> 01:21:28.500] to determine the facts in accordance with the rules of evidence, then apply the law as it comes to
[01:21:28.500 --> 01:21:35.140] him to the facts in the case of failure to do so is an act of officialness of the abuse of
[01:21:35.140 --> 01:21:42.260] discretion on his part and to the degree that it would deny a citizen full free access to enjoyment
[01:21:42.260 --> 01:21:48.980] right to criminal act. So the judge is only there to gather the facts and apply the law
[01:21:49.700 --> 01:21:57.460] as it comes to him to the facts in the case. It's not the judge's place to do legal research
[01:21:57.460 --> 01:22:06.740] and find your law for you. The courts presume that each litigant will find all of the law related
[01:22:06.740 --> 01:22:12.740] to their issue and bring it to the court. And the court will rule based on the facts
[01:22:13.540 --> 01:22:20.420] that you put on the record and the law you bring in support of the legal conclusions
[01:22:20.420 --> 01:22:28.100] you want the judge to make. I once sat as a judge in a mock trial in Massachusetts.
[01:22:30.020 --> 01:22:40.500] A fellow legal reform guy was being prosecuted for sending some not-so-smart letters to judges
[01:22:40.500 --> 01:22:48.900] in Pennsylvania. And he was being prosecuted in Pennsylvania. And Pastor Massage set up a mock
[01:22:48.900 --> 01:22:55.060] trial because he was concerned that these guys were arguing patriot mythology issues.
[01:22:56.580 --> 01:23:02.660] So they picked a jury off the street of people who knew nothing about this. They just asked people
[01:23:02.660 --> 01:23:09.700] walking by if they would sit in a mock jury and they got a six panel jury. So the pastor asked
[01:23:09.700 --> 01:23:19.700] me to sit as the judge. Well, I had never placed myself in that context before and frankly the
[01:23:19.700 --> 01:23:29.940] experience was disturbing. I'm sitting as the judge. I need facts. I need law. And I got these
[01:23:29.940 --> 01:23:39.140] guys arguing all kinds of patriot ideas and philosophies. And I'm listening to this tapping
[01:23:39.140 --> 01:23:45.620] my fingers waiting for them to get to facts and law. What happened? What did you do?
[01:23:46.500 --> 01:23:55.300] What law did you have in support of what you did? I wasn't getting it. And the guy had someone else
[01:23:55.300 --> 01:24:06.740] helping him. And this guy was preaching all of them the common law patriot mythology garbage.
[01:24:06.740 --> 01:24:14.580] And at one point I called a recess and I called Danny out. I said, Danny, this guy you've got
[01:24:14.580 --> 01:24:22.420] helping you. If he steps up and tries to argue issues for you again, you have my permission to
[01:24:22.420 --> 01:24:32.020] shoot him. If you don't shut him up, he's going to get you put in jail. And all this other guy was
[01:24:32.020 --> 01:24:42.740] just furious at me. But the guy got him put in jail. We held that mock court and the jury found him
[01:24:42.740 --> 01:24:50.340] guilty. After I left, they had held another mock hearing. The pastor's trying to teach Danny how
[01:24:50.340 --> 01:24:58.580] to handle his case. He lost the second one. And then he went to Pennsylvania and they gave him
[01:24:58.580 --> 01:25:08.580] two years in prison because he was not putting the facts before the court and then applying law
[01:25:08.580 --> 01:25:17.140] to those facts. When you go to court, never make a proactive statement of law out of your own mouth.
[01:25:18.580 --> 01:25:25.140] Do not try to teach tell the court why you should didn't court should rule in your favor.
[01:25:25.140 --> 01:25:34.420] You can make the most compelling arguments and the judge can agree with you. But if you haven't
[01:25:34.420 --> 01:25:41.860] given the judge facts and law that he can apply to those facts to come to the conclusions that
[01:25:41.860 --> 01:25:51.860] you want him to come to, he cannot rule in your favor. Period. This is, it's a relatively simple
[01:25:51.860 --> 01:26:01.620] thing to do once you understand it. But when you are a prosaic litigant, you got a dog on the hunt.
[01:26:02.980 --> 01:26:12.980] So you tend to want to bring to the court those things and issues to which you had
[01:26:12.980 --> 01:26:24.260] strong emotional responses instead of simply facts and law. There is an age that a lawyer
[01:26:24.260 --> 01:26:29.220] who represents himself has a fool for a client and they're right. I once got convicted to a year
[01:26:29.220 --> 01:26:36.340] in prison for operating a private investigating business and I've never operated a private
[01:26:36.340 --> 01:26:43.540] investigating business but I represented myself. I thought I was pretty smart. Yeah, I know all
[01:26:43.540 --> 01:26:50.180] this law and I help people all these issues. I got in court and I was absolutely incompetent.
[01:26:51.860 --> 01:26:57.460] I could not separate the emotional content from the facts and the law and the jury through
[01:26:57.460 --> 01:27:06.580] the book at me. Right after 27 days in solitary confinement, I filed 35 criminal complaints
[01:27:06.580 --> 01:27:12.180] against the judge and prosecutor and the district judge and the district prosecutor and a whole
[01:27:12.180 --> 01:27:20.180] bunch of them. Two days later, I was on the street. But I tried to adjudicate the case myself and I
[01:27:20.180 --> 01:27:28.660] had too much emotional involvement and I did not put simply facts and law before the court. In that
[01:27:28.660 --> 01:27:35.860] case, I would have won on appeal but in the meantime, I was standing in jail. So if you
[01:27:36.900 --> 01:27:44.500] spend your time putting facts and law on the record, posing counsel will realize that
[01:27:44.500 --> 01:27:52.340] relatively quickly and if it's a criminal prosecution, prosecutors likely to come to you
[01:27:52.340 --> 01:27:59.220] and make you a deal you can't pass up. Or if it's a civil litigation, posing counsel will realize
[01:27:59.220 --> 01:28:02.980] you're just setting up for appeal. This is going to cost them a lot of money. You're going to fight
[01:28:02.980 --> 01:28:08.420] them all the way. You're more likely to get a deal than be able to deal out of the case. If you get
[01:28:08.420 --> 01:28:15.860] an opportunity to deal out of the case, deal out of the case. Always expect to lose in court. The
[01:28:15.860 --> 01:28:26.900] courts are corrupt. They're absolutely corrupt. Well, okay, maybe they're not. But it behooves
[01:28:26.900 --> 01:28:36.340] you to conduct yourself as if they are. That is not necessarily a problem. The problem with
[01:28:36.340 --> 01:28:42.100] corrupt judges is they are so corrupt. When they're bought and paid for, they don't stay bought and paid
[01:28:42.100 --> 01:28:54.660] for. Courts always a crapshoot. No matter how much fact and law you have on your side, it's a crapshoot.
[01:28:56.580 --> 01:29:03.220] So go in the door understanding that if you go in the front door expecting to deal out
[01:29:03.220 --> 01:29:12.020] and instead of spending your time trying to win the case specifically, you spend your time trying
[01:29:12.020 --> 01:29:18.260] to create a strong enough case so that the other side will want to deal out with you, you're more
[01:29:18.260 --> 01:29:27.700] likely to come out with a positive conclusion. I know that may not seem right, but that's how
[01:29:27.700 --> 01:29:33.540] it works in the world you and I live in. In a perfect world, it might not be that way.
[01:29:34.900 --> 01:29:38.420] But if this were a perfect world, I'm sure I wouldn't be in it.
[01:29:39.860 --> 01:29:43.940] And I have my doubts about you. This is Randy Kelsen, we're on the radio,
[01:29:43.940 --> 01:30:04.740] going to break, we'll be right back. The next time the doctor asks you how you feel,
[01:30:04.740 --> 01:30:10.340] ask him the same question. Why? New research shows unhappy doctors perform differently than
[01:30:10.340 --> 01:30:14.580] their contented counterparts. I'm Dr. Catherine Albrecht with details in a moment.
[01:30:41.060 --> 01:30:49.380] We've long suspected it and now a new study confirms it. A doctor's mood impacts their
[01:30:49.380 --> 01:30:55.140] professional behavior towards patients. A survey of nearly 200 Israeli physicians found that on
[01:30:55.140 --> 01:31:00.500] bad mood days, doctors spent less time talking with patients, wrote more prescriptions, ordered
[01:31:00.500 --> 01:31:05.620] more tests and issued more referrals, often unnecessarily. All of this of course leads to
[01:31:05.620 --> 01:31:10.580] higher health care costs. But when the doctors were in a good mood and felt less burnout,
[01:31:10.580 --> 01:31:15.620] they consulted more with patients, diagnosed their conditions with fewer tests and prescribed
[01:31:15.620 --> 01:31:22.020] less expensive medicines. Let's see, less caregiver stress, less burnout and better patient care?
[01:31:22.020 --> 01:31:25.460] Sounds like just what the doctor ordered. I'm Dr. Catherine Albrecht for
[01:31:25.460 --> 01:31:28.500] StoryPage.com, the world's most private search engine.
[01:31:28.500 --> 01:31:36.820] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
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[01:31:50.820 --> 01:31:53.220] I'm a structural engineer. I'm a New York City correction officer.
[01:31:53.220 --> 01:31:55.780] I'm an Air Force pilot. I'm a father who lost his son.
[01:31:55.780 --> 01:32:01.140] We're Americans, and we deserve the truth. Go to RememberBuilding7.org today.
[01:32:02.900 --> 01:32:06.900] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. In today's America,
[01:32:06.900 --> 01:32:10.740] we live in an us against them society, and if we, the people, are ever going to have a free society,
[01:32:10.740 --> 01:32:14.900] then we're going to have to stand and defend our own rights. Among those rights are the right to
[01:32:14.900 --> 01:32:18.820] travel freely from place to place, the right to act in our own private capacity, and most importantly,
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[01:33:26.820 --> 01:33:36.740] Okay, we are back. Randy Kelham, Rule of Law Radio.
[01:33:38.500 --> 01:33:47.220] And we're going through the first part of the Leave of 101. Generally, how to conduct ourselves
[01:33:47.220 --> 01:33:56.740] when we're dealing with public officials, and specifically we're talking about courts. Get
[01:33:56.740 --> 01:34:04.980] the facts on the record. That's somewhat more difficult than it may seem from the surface.
[01:34:04.980 --> 01:34:16.900] One thing, you must state the facts in a format that will allow it onto the record. One of the
[01:34:16.900 --> 01:34:29.060] primary things to do when you're prosecuting your own case, you never ever want to argue issues
[01:34:29.700 --> 01:34:39.300] orally in the court. You should always file it in an opposition to oral argument, claiming that it
[01:34:39.300 --> 01:34:48.020] would be patently unfair to the individual to have to match wits with a lawyer in the courtroom,
[01:34:48.020 --> 01:34:55.940] because you don't always know when the lawyer is mistating law or stating law that doesn't apply,
[01:34:56.580 --> 01:35:04.580] they cheat. So, always oppose it. You want to put all your facts and law in your pleadings.
[01:35:04.580 --> 01:35:14.900] So, one of the things I suggest you always do is develop a statement of facts. That's more
[01:35:14.900 --> 01:35:25.780] difficult than it seems. If you're the person who was in the circumstances situation, then you would
[01:35:25.780 --> 01:35:36.980] think that you have the best knowledge of the facts of the case. Well, that's not necessarily
[01:35:37.700 --> 01:35:46.100] how it works. People who are involved in a circumstance tend to move from one emotional
[01:35:46.100 --> 01:35:59.780] high point to the next, especially someone who's had an experience where they're not comfortable
[01:35:59.780 --> 01:36:04.740] in the experience, an experience they haven't had a lot and an experience that's traumatic.
[01:36:06.340 --> 01:36:12.420] They will tend to have emotional responses to what occurs and they will move from one emotional
[01:36:12.420 --> 01:36:18.500] high point to the next to the next. They don't necessarily know what the important facts are.
[01:36:19.060 --> 01:36:24.740] And if you were in a traumatic experience and you tell people about it,
[01:36:26.100 --> 01:36:32.420] that causes even more problems. We've all heard programs where they complain about how
[01:36:32.420 --> 01:36:38.820] unreliable witnesses are. Witnesses are unreliable because you're asking a witness
[01:36:38.820 --> 01:36:49.700] to convey directly and consciously to you what they remember. And the only way you tend to have
[01:36:50.500 --> 01:36:56.580] referential index to what occurred. You have internal links to what occurred. You do that by
[01:36:57.220 --> 01:37:05.060] emotional content. And memory doesn't work the way we tend to think it does.
[01:37:05.060 --> 01:37:19.460] I recently read a study with mice about how memory works and the upshot of the study was
[01:37:19.460 --> 01:37:31.460] that we don't go into our mind and read memory as if from a slate. We go in through a referential
[01:37:31.460 --> 01:37:43.140] indexing. We address facts and those facts point to a memory that we hold. Then we go take that
[01:37:43.140 --> 01:37:51.860] memory out, re-experience the memory and the telling, and then put back the re-experienced memory.
[01:37:52.820 --> 01:37:58.740] That explains a lot of the problems we have with getting good detailed memory.
[01:37:58.740 --> 01:38:06.420] Now, you don't lose the original facts. You lose referential index to those facts.
[01:38:06.980 --> 01:38:13.060] They're in there. You just can't find them directly. So we have developed some methods
[01:38:13.060 --> 01:38:22.020] for that. This is called the methods are for revivification. To re-access the memory that
[01:38:22.020 --> 01:38:27.300] you have, you just don't have good access to it anymore because of the repeating telling.
[01:38:27.300 --> 01:38:30.740] I was telling somebody a story once and they asked me if that really happened to me.
[01:38:32.340 --> 01:38:38.260] And I thought about it and I said, I don't know. I don't remember. I told the stories
[01:38:38.260 --> 01:38:43.460] so many times whether it happened to me or not wasn't important to tell them the story. It was
[01:38:43.460 --> 01:38:52.900] just a funny story. And I had lost where I got it because in the telling where I got it wasn't
[01:38:52.900 --> 01:38:59.300] important. So each time I told it and didn't include that information, it moved deeper in my memory.
[01:38:59.940 --> 01:39:09.780] So first thing we do is write a timeline. No argument, no explanation. Just this happened and
[01:39:09.780 --> 01:39:14.500] this happened and this happened and this happened. Doesn't make any difference if you miss some stuff.
[01:39:14.500 --> 01:39:21.300] Just write out a timeline, the best you can recall. Once you have the whole timeline written out,
[01:39:21.300 --> 01:39:32.340] then go back and go over it a second time. Now, when you have a list of facts on a page
[01:39:32.340 --> 01:39:40.100] that are drawn from memory, when you go back, when you first put them on the page, you have to do a
[01:39:40.100 --> 01:39:46.340] general transderivational search. That's what neuroenglish programming calls it. We go inside
[01:39:46.340 --> 01:39:54.180] and we look for this information. The second time we go through it, we look at one piece of
[01:39:54.180 --> 01:40:01.140] information, then another piece of information and our mind goes in and tries to make connections
[01:40:01.140 --> 01:40:08.980] between these two pieces of information. That allows it to focus more specifically on relationships
[01:40:10.020 --> 01:40:14.020] and that allows us to find the details that went in between. You'll say, wait a minute,
[01:40:14.020 --> 01:40:19.780] wait a minute, did something went in here? You'll say, wait a minute, this didn't happen in this
[01:40:19.780 --> 01:40:25.220] order. I need to move it over here. You'll begin to organize your timeline. Once you have the
[01:40:26.020 --> 01:40:32.900] timeline effectively created, then you can go through and change the timeline into a statement
[01:40:32.900 --> 01:40:40.820] of facts. Then you take that statement of facts to a notary, have it notarized and file it as an
[01:40:40.820 --> 01:40:51.540] attachment to emotion or pleading. Now you've got the facts on the record. Opposing counsel can
[01:40:52.260 --> 01:40:58.420] challenge those facts all they want to, but they are on the record. Primary thing is to get them
[01:40:58.420 --> 01:41:05.060] on the record. Create your statement of facts and then figure out emotion or pleading and you can
[01:41:05.060 --> 01:41:13.300] file that goes to some of those facts. Then include the entire affidavit statement of facts in
[01:41:13.300 --> 01:41:20.420] affidavit form. You could look online and look up affidavit form. There are statements you have
[01:41:20.420 --> 01:41:27.700] to put in an affidavit to have it in the correct form so that it is subject to penalties of perjury
[01:41:27.700 --> 01:41:34.420] and you have the statements that is true to the best of your knowledge. You swore to it under
[01:41:34.420 --> 01:41:38.660] oath you could file. Now you've got the facts on the record. Once you have the facts on the record,
[01:41:39.300 --> 01:41:45.700] now you do now you do legal research and there's a trick to legal research.
[01:41:47.300 --> 01:41:55.540] If you're writing motions in pleadings you haven't done enough homework. There is one skill that I
[01:41:55.540 --> 01:42:05.220] hone beyond all others. I am an accomplished plagiarist. We have the rule never make a proactive
[01:42:05.220 --> 01:42:12.980] statement of law out of your own mouth. If it's not clear how to not do that, pull out a couple
[01:42:12.980 --> 01:42:23.220] of cases and look at the order in the case. The order in the case will demonstrate exactly how
[01:42:23.220 --> 01:42:30.580] to present facts in law. Now state a fact, now state the law that relates to those facts and
[01:42:31.780 --> 01:42:40.420] state how they came based on these facts. This is how we came to these conclusions based on this
[01:42:40.420 --> 01:42:48.500] case, this case, and this case. I try never to write that stuff myself. I want to find a case on
[01:42:48.500 --> 01:42:57.140] point where the court has ruled what I want to say and then instead of me trying to say it,
[01:42:57.140 --> 01:43:03.460] I just cut it out of the the pleading, drop it into my out of the order and drop it into my pleading.
[01:43:04.500 --> 01:43:13.060] Be careful in what you quote from the case. Primarily you want to quote not the arguments
[01:43:13.060 --> 01:43:23.140] in the arguments section. You want to quote from the order that the court produces. That's the only
[01:43:23.140 --> 01:43:31.380] thing that really counts. The arguments don't have standing. They're just arguments. The
[01:43:31.380 --> 01:43:41.860] rulings of the court, that's what has precedent. So you want to cut and paste and what you want to do is
[01:43:42.660 --> 01:43:50.340] intros and altros and change the case and text so it reads well and primarily use the verbiage
[01:43:50.340 --> 01:43:54.660] of the court. That'll save you a lot of trouble. Going to break, ready to kill it and rule the
[01:43:54.660 --> 01:44:04.340] law radio. We'll be right back. Through advances in technology, our lives have greatly improved
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[01:46:24.580 --> 01:46:54.500] Okay, we are back. Randy Kelton, rule of law radio.
[01:46:54.500 --> 01:46:59.060] And I'm in my last segment so I want to move along kind of quickly. I'm going to jump to
[01:47:00.340 --> 01:47:13.620] Ken's four rules. And these have been extremely valuable. First one is everything is political.
[01:47:15.220 --> 01:47:19.620] We go into court and now I've said earlier you'll never win your case simply because you have the
[01:47:19.620 --> 01:47:27.060] law and the facts on your side. No, I didn't say that earlier. My apologies. You will never win
[01:47:27.060 --> 01:47:35.060] your case simply because you have the law and the facts on your side. To think so is naive.
[01:47:36.180 --> 01:47:44.260] It is not that way now. Never has been that way so long as we have had human beings as judges.
[01:47:44.260 --> 01:47:54.660] You will win your case if you have the politics on your side and all politics is local. If you
[01:47:54.660 --> 01:48:02.180] listen to the beginning of the show or earlier in the show we were talking to Tim in Texas,
[01:48:04.340 --> 01:48:11.540] he took on a local municipality and all through the case I'm telling him is all about the politics.
[01:48:11.540 --> 01:48:20.980] Yes, you want to get the facts and the law on the record but that's just part of creating politics.
[01:48:22.180 --> 01:48:31.940] You want to create the perception that the court will be forced to rule in your favor that you're
[01:48:31.940 --> 01:48:42.500] going to win because everything is political but also perception is everything. The perception of
[01:48:42.500 --> 01:48:52.420] the politics is everything. You want to create the perception that you're generating a
[01:48:53.060 --> 01:48:56.820] political position where the court will have to rule in your favor.
[01:48:56.820 --> 01:49:08.660] Third rule of kin's rules is everything is negotiable. A lot of people in legal reform
[01:49:09.380 --> 01:49:18.660] they tend to be purists and you got to fight the case to the bloody end, nonsense. Sometimes
[01:49:18.660 --> 01:49:28.500] especially with a criminal case, I'll tell people depending on the case, if the case is nonsense,
[01:49:28.500 --> 01:49:36.180] if the court, if the prosecutor is just making outrageous accusations against you in order
[01:49:36.180 --> 01:49:41.620] to get you in a position to where he can deal you back to where he wants you to start with
[01:49:41.620 --> 01:49:52.180] and the case against you is bogus, I say fight it. Fight them like a tiger because they're going
[01:49:52.180 --> 01:49:58.100] to try to give you the perception that they're going to do absolutely horrible stuff to you
[01:49:58.100 --> 01:50:07.140] if you don't knuckle under and if they don't have a case you take them to the courthouse steps
[01:50:07.140 --> 01:50:14.100] and that's where they'll make you the deal you can pass up. But if you get a good deal, take the deal.
[01:50:16.420 --> 01:50:28.180] Do not go to jail for a principle. You will not help yourself or this movement from jail.
[01:50:29.940 --> 01:50:36.180] You'll help yourself in this movement keeping out of jail or if you must go to jail because
[01:50:36.180 --> 01:50:44.340] you're guilty of sin. Get as little time and jail as possible and you can do that by understanding
[01:50:45.380 --> 01:50:52.980] that everything's political. It's not about the law and the facts. It's about the politics of the
[01:50:52.980 --> 01:50:59.700] case and if you can generate politics on your side, good chance you can win. And politics is
[01:50:59.700 --> 01:51:08.500] generally generated based on the perception of the people involved. And then at the end of the
[01:51:08.500 --> 01:51:18.260] day everything's negotiable. Kids' fourth rule is document, document, document. Never ever talk
[01:51:18.260 --> 01:51:27.140] to someone on a phone or in person. If you can't avoid it, do your best to record it
[01:51:27.140 --> 01:51:39.380] with that said. If you are in a non-confrontational conversation
[01:51:42.660 --> 01:51:49.780] in order to maintain your credibility and trust, don't record someone unless you ask first.
[01:51:49.780 --> 01:51:58.820] If you're in a conversation that's confrontational, don't tell them. Just record it.
[01:52:01.220 --> 01:52:08.020] If you're going into a meeting with a lawyer or a prosecutor or a police officer,
[01:52:09.620 --> 01:52:18.260] take two recorders with you. One they can see, one they can't. And if they ask you to turn the
[01:52:18.260 --> 01:52:27.140] recorder off, turn it off. Just don't volunteer the second one. We had someone call into the show
[01:52:27.140 --> 01:52:34.740] and play the recording from the second device of the police officers trying to figure out
[01:52:34.740 --> 01:52:44.340] how to erase the first recording. Now that was a hoot. I was recently in court and the judge
[01:52:44.340 --> 01:52:50.980] knew me real well and told everybody they had to turn their phones off. I said,
[01:52:50.980 --> 01:52:56.020] but you're on her. I do this radio show and I wanted to record these proceedings so I could
[01:52:56.020 --> 01:53:03.300] play it on the air. Mr. Maynard, take Mr. Keltz's phone from him. Come over, jerk my phone out of
[01:53:03.300 --> 01:53:10.740] my hand, walk away with it. I'm sitting there grinning at him. The judge starts to begin the
[01:53:10.740 --> 01:53:18.580] case again and she stopped. Mr. Keltz, do you have anything else on your person
[01:53:19.300 --> 01:53:26.820] capable of recording these proceedings? Oh, judge, I sure wish you hadn't of asked me that.
[01:53:26.820 --> 01:53:33.540] And I had a name tag on a little clip and stuck to that was a flash drive. And I pulled the flash
[01:53:33.540 --> 01:53:38.980] drive off and turned the little switch off and held it up in the bait and jerked it out of my
[01:53:38.980 --> 01:53:48.340] hand and stomped over to the side. She started the case again and stomped. Mr. Keltz, do you have
[01:53:48.340 --> 01:53:56.260] anything else, judge? I reached in my pocket and pulled out a third one. It was the only time I got
[01:53:56.260 --> 01:54:02.340] caught. And if I had had more time, I would have taken the judge on for that because she hadn't
[01:54:02.340 --> 01:54:14.500] read Turner Driver. But point is, if you turn off the first recorder, there's something that
[01:54:14.500 --> 01:54:22.580] people do. They assume now they can say anything they want to and not be held responsible for it
[01:54:22.580 --> 01:54:26.820] and you can get some really cool stuff. Okay, enough of that. That's kind of off point.
[01:54:26.820 --> 01:54:35.220] I'm going to run out of time here. I want to go to a prosa. You go into court prosa,
[01:54:35.220 --> 01:54:43.860] you're at a disadvantage in one regard. And part of it is the courts say prosa litigants.
[01:54:45.140 --> 01:54:55.060] You don't have the depth of law that lawyers have. However, as a prosa litigant,
[01:54:55.060 --> 01:55:00.340] you have powers and abilities far beyond those of boarded attorneys.
[01:55:00.340 --> 01:55:10.340] Attorneys come into court dangling by their bar cards. They have a need to keep the good
[01:55:10.340 --> 01:55:17.380] favor of the court. They do not want the judge upset at them. They do not want opposing counsel
[01:55:17.380 --> 01:55:22.580] upset at them. They don't want anybody upset at them. You're a prosa litigant. You don't care.
[01:55:22.580 --> 01:55:28.980] The judge upset at you. You don't care. Your only purpose is to set the record
[01:55:28.980 --> 01:55:34.980] for appeal. And if you can demonstrate bias on part of the judge, that works great.
[01:55:35.620 --> 01:55:42.580] Especially if you hammer the judge and hammer the opposing counsel.
[01:55:43.700 --> 01:55:49.060] Bar grievances and judicial conduct complaints are extremely powerful tools.
[01:55:49.060 --> 01:56:00.260] You start using those on them and you have leverage you otherwise wouldn't have.
[01:56:01.460 --> 01:56:07.220] There are a number of tools you can use. You can bring in arguments that a lawyer would never
[01:56:07.220 --> 01:56:12.020] bring in. I'm kind of going over this quickly. I've got a lot more detail on how to do that,
[01:56:12.020 --> 01:56:21.540] but I'm going to run out of time here. Point is, as a prosa, you are actually the most powerful
[01:56:21.540 --> 01:56:27.140] person in the courthouse. When you walk in the door of a courthouse, you're the baddest motor
[01:56:27.140 --> 01:56:32.420] scooter in the building. And there's only one reason you're the baddest motor scooter in the
[01:56:32.420 --> 01:56:40.260] building. That's because you're not a judge, a prosecutor, a clerk, a bailiff. They're all
[01:56:40.260 --> 01:56:49.060] public servants. They're the servants, you're the master. And they are never to forget it.
[01:56:49.060 --> 01:56:52.500] When you walk into a courthouse, you generally have a litigant's hat on.
[01:56:54.100 --> 01:57:00.340] I walk into a courthouse, I've got a litigant's hat on. Until one of my public official steps
[01:57:00.340 --> 01:57:06.740] half inch across one of my legal lines, I take off that litigant's hat, I put on my master's hat,
[01:57:06.740 --> 01:57:13.620] and we're going to dance. I get a public official fail to perform a duty they're required to perform
[01:57:13.620 --> 01:57:17.780] in the process. And I mean, full free access to or enjoyment right that gets a 911 call.
[01:57:18.980 --> 01:57:24.420] I get pulled over by a police officer and get two words out of him I don't like. That gets a 911
[01:57:24.420 --> 01:57:31.620] call. I got a guy out here with a pistol on his hip and I feel threatened by him. Get me someone
[01:57:31.620 --> 01:57:38.180] out here to arrest him. They send out another policeman on because your 911 call is recorded.
[01:57:38.180 --> 01:57:42.500] They can't get around that. And the second policeman comes out there and you tell him to
[01:57:42.500 --> 01:57:46.740] arrest the first one and then you get to see the officer do this little kicking dance.
[01:57:48.340 --> 01:57:56.260] It's where he shifts from one foot to the other. Well, Mr. Kelton, I can't arrest this officer,
[01:57:56.260 --> 01:58:02.180] here he comes. Just throw the cuffs on him and drag him off to jail. Oh, well, Mr. Kelton,
[01:58:02.900 --> 01:58:13.140] when you call 911 and report a crime, you become a protected class. You are the victim
[01:58:14.820 --> 01:58:20.100] and you're making a criminal accusation against their buddy. You put them in a real spot.
[01:58:21.220 --> 01:58:25.860] I am out of time. There's a lot more I would like to talk about. I could probably do eight hours on
[01:58:25.860 --> 01:58:34.340] this, but this was a pretty good general overview. If you're interested, let me know. I'll try to do
[01:58:34.340 --> 01:58:42.980] more of these on more specific detail. Thank you all for listening. We'll be back next week. Goodnight.
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