ROL_2019-04-05_16k_Hr3-4.timecode

[00:00.000 --> 00:05.840]  The following news flash is brought to you by The Low Star Lowdown, providing the daily
[00:05.840 --> 00:13.520]  fuller sense for the commodity market, today's history, news updates, and the inside scoop
[00:13.520 --> 00:21.320]  into the tides of the alternative.
[00:21.320 --> 00:29.080]  Markets for Wazeva 6th of February 2019 open with gold at $1,313.70 an ounce, silver $15.77
[00:29.080 --> 00:36.760]  an ounce, copper $2.83 an ounce, oil Texas crude $3.66 a barrel, brand crude $61.98 a
[00:36.760 --> 00:45.640]  barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64, Ripple XRP $0.29, Ethereum
[00:45.640 --> 00:51.640]  $10.10 and Eos is at $2.32 a crypto coin.
[00:51.640 --> 00:59.640]  Today in History, the year 1918, British women over the age of 30 who meet minimum property
[00:59.640 --> 01:04.520]  qualifications get the right to vote when the Representation of the People Act of 1918
[01:04.520 --> 01:06.040]  was passed by Parliament.
[01:06.040 --> 01:13.640]  Today in History, in recent news, several Texas-based organizations filed a lawsuit today requesting
[01:13.640 --> 01:18.480]  that a federal court stop the state from flagging about 95,000 people as potentially illegally
[01:18.480 --> 01:19.840]  registered to vote.
[01:19.840 --> 01:24.640]  The list was compiled after an 11-month-long investigation by the Office of the Texas Secretary
[01:24.640 --> 01:30.000]  of State and the Texas Department of Public Safety which sought to identify non-U.S. citizens
[01:30.000 --> 01:33.360]  who were registered to vote when obtaining age-arvest license.
[01:33.360 --> 01:37.040]  Over half of the 95,000 did indeed vote, it seems.
[01:37.040 --> 01:41.120]  However, further controversy was raised when it became clear that some of the names were
[01:41.120 --> 01:45.360]  not in fact belonging to those who were non-citizens and registered.
[01:45.360 --> 01:50.880]  Apparently around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:50.880 --> 01:55.240]  Registered voters who receive letters querying their citizenship have 30 days to respond
[01:55.240 --> 01:57.040]  with proof of eligibility.
[01:57.040 --> 02:01.240]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have
[02:01.240 --> 02:09.000]  yet to officially comment regarding this list and any updates pertaining to it.
[02:09.000 --> 02:14.400]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after
[02:14.400 --> 02:16.960]  a vape pen exploded while he was using it.
[02:16.960 --> 02:20.680]  It apparently happened in the parking lot of the vape shop where he got it.
[02:20.680 --> 02:24.280]  An x-ray revealed that a piece of metal was embedded in his brainstem.
[02:24.280 --> 02:30.480]  The vape store, Smoke and Vape DZ, has refused to comment.
[02:30.480 --> 02:35.240]  First-edition anchorwoman Kristin Diaz interviewed Aislin Campbell, the executive director of
[02:35.240 --> 02:40.200]  Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association
[02:40.200 --> 02:44.640]  Conference, which will be taking place at the Corpus Christi Omni Hotel from February
[02:44.640 --> 02:47.480]  14th to 16th, 6 to 9 p.m.
[02:47.480 --> 02:50.480]  You can find the interview at kiiitv.com.
[02:50.480 --> 03:16.480]  This is Rick Brody with your lowdown for February 6th, 2019.
[03:16.480 --> 03:27.080]  Okay, we are back, Randy Kelton, Rue La Radio, and we're talking to Robinson in Washington,
[03:27.080 --> 03:29.600]  and we were talking about elements.
[03:29.600 --> 03:31.080]  Every claim has elements.
[03:31.080 --> 03:40.760]  Yeah, you just made out the elements of a complaint there, and it was like 11 elements.
[03:40.760 --> 03:47.320]  The amount of elements determines how long the complaint can be, because you have to
[03:47.320 --> 03:48.320]  plead all the elements, right?
[03:48.320 --> 03:49.320]  Right.
[03:49.320 --> 03:50.320]  You have to plead all the elements.
[03:50.320 --> 04:00.560]  Like, if you're accused of a crime, and the complaint does not plead, does not claim all
[04:00.560 --> 04:06.400]  of the elements of the crime, then the complaint is insufficient, you move strike.
[04:06.400 --> 04:12.000]  If you're in court, the prosecution has to prove every element.
[04:12.000 --> 04:16.440]  Yeah, I want to get back to that, too, but I want to move on to something else real quick.
[04:16.440 --> 04:18.200]  I don't understand this.
[04:18.200 --> 04:19.560]  What is actually the claim?
[04:19.560 --> 04:24.880]  Is the claim, you hit me, or is the claim, you hit me, and because you hit me, you hurt
[04:24.880 --> 04:25.880]  me?
[04:25.880 --> 04:26.880]  Yes.
[04:26.880 --> 04:33.840]  Okay, if you're speaking to a tort, a tort is as opposed to a cause of action.
[04:33.840 --> 04:39.640]  A cause of action always goes to a contractual agreement, or arrangement.
[04:39.640 --> 04:47.320]  Not necessarily a physical contract, it can be an implied contract.
[04:47.320 --> 04:52.640]  Government agent harm you, whether they're under contract with the government, and part
[04:52.640 --> 04:56.520]  of the government's not harmed, the contract's not to harm you.
[04:56.520 --> 05:00.920]  You're driving down the street, some guys operate in the back hole, and he picks it
[05:00.920 --> 05:05.720]  up and swings it around and puts it through the side of your window as you're passing.
[05:05.720 --> 05:08.680]  You have no contract with this person.
[05:08.680 --> 05:12.200]  He created a tort against you.
[05:12.200 --> 05:19.640]  He must have taken some act, or failed to take some act that he should have taken and
[05:19.640 --> 05:26.080]  created a hazardous condition that subsequently harmed you.
[05:26.080 --> 05:30.880]  In this case, that's where they say there has to be harm.
[05:30.880 --> 05:33.400]  It doesn't necessarily have to be a contract.
[05:33.400 --> 05:37.600]  If he harms you without a contract, now you see that rings in tort.
[05:37.600 --> 05:43.560]  If you have a contract and he violates the contract, that rings in cause of action.
[05:43.560 --> 05:50.240]  There's a defined cause of action for almost everything you can think of.
[05:50.240 --> 05:51.240]  Yes.
[05:51.240 --> 05:52.240]  Yes.
[05:52.240 --> 05:55.200]  They have a book at the Law Library called Cause of Action.
[05:55.200 --> 06:02.720]  It has thousands of them in there, and it's kind of hard to pick which one because...
[06:02.720 --> 06:03.720]  You pick it by the elements.
[06:03.720 --> 06:06.720]  Pick it by the elements.
[06:06.720 --> 06:12.400]  You have to be able to show each of the elements and any cause of action that contains all
[06:12.400 --> 06:18.800]  of the elements of your issue and no elements that are not in your issue.
[06:18.800 --> 06:19.800]  Okay.
[06:19.800 --> 06:22.800]  So let me ask you this question here.
[06:22.800 --> 06:27.800]  I'm looking at a speeding citation for my state, RCW46.61.400.
[06:27.800 --> 06:34.560]  I want to kind of read it out to you and...
[06:34.560 --> 06:40.440]  Wait, wait, wait, wait, wait, wait, wait, wait, hold on, hold on, speeding before we
[06:40.440 --> 06:48.720]  go to the elements, who can be charged with speeding and under what circumstances?
[06:48.720 --> 06:54.400]  Well, I'm hearing here from this citation, one that has of us can...
[06:54.400 --> 06:55.400]  Hold on, hold on.
[06:55.400 --> 06:56.400]  We're not...
[06:56.400 --> 06:59.880]  What you're doing right now is going to the merits.
[06:59.880 --> 07:04.920]  First thing we always want to go to is the jurisdiction.
[07:04.920 --> 07:16.720]  In Texas, we have this statute that says, speed sides shall be for the purpose of controlling
[07:16.720 --> 07:22.480]  commercial traffic.
[07:22.480 --> 07:24.980]  That's pretty clear.
[07:24.980 --> 07:26.480]  So if you were...
[07:26.480 --> 07:35.920]  If one of the elements of the claim is not the individual was operating a motor vehicle
[07:35.920 --> 07:44.800]  in commerce, that's an element to establish the commerce portion of the speed limit requirement.
[07:44.800 --> 07:46.800]  Yeah.
[07:46.800 --> 07:54.560]  But an angle that I was looking at, though, was if it says that you have to have a collision
[07:54.560 --> 08:00.440]  to be in violation of the code, and you did a discovery to the prosecutor after for evidence
[08:00.440 --> 08:08.840]  of a collision or hazardous condition, and he does not respond, what or says, I don't
[08:08.840 --> 08:13.800]  have any, what would be your next step to go?
[08:13.800 --> 08:21.200]  The motion to strike, the motion to strike the complaint is insufficient to fail to state
[08:21.200 --> 08:22.200]  all the elements.
[08:22.200 --> 08:27.760]  Well, that happens every time they issue a citation because they only issue and it says
[08:27.760 --> 08:31.480]  you violated RCW XYZ, right?
[08:31.480 --> 08:32.480]  Yeah.
[08:32.480 --> 08:36.720]  And they make any claim they want to.
[08:36.720 --> 08:43.920]  If you don't oppose the claim, then you provide judicial admission.
[08:43.920 --> 08:55.520]  We have a case, Walker V. Packer in Texas that says, any claims in the live pleadings
[08:55.520 --> 09:05.440]  not opposed by the opposition are construed to grant judicial notice, I'm sorry, judicial
[09:05.440 --> 09:08.080]  admission.
[09:08.080 --> 09:14.120]  So if I make a claim against you and you don't refute that claim, you admit the claim.
[09:14.120 --> 09:17.440]  It doesn't matter if the claim is horsemen or where.
[09:17.440 --> 09:18.440]  Yeah.
[09:18.440 --> 09:22.440]  But the only thing about it is, how can you commit a claim that's not even written down?
[09:22.440 --> 09:26.360]  I mean, you're not claiming it if you don't write it down.
[09:26.360 --> 09:27.600]  No, I'm okay.
[09:27.600 --> 09:30.120]  I can go in and put down anything I want to.
[09:30.120 --> 09:35.320]  Your Honor, I want this guy prosecuted for standing on his head, quacking like a chicken.
[09:35.320 --> 09:42.800]  And if you don't oppose it, then hold you for standing on your head, quacking like a
[09:42.800 --> 09:43.800]  chicken.
[09:43.800 --> 09:45.200]  Hey, what about this?
[09:45.200 --> 09:53.800]  Would the whoever was the defendant have a right to have the citation dismissed on
[09:53.800 --> 09:58.080]  his face because it doesn't list all the elements?
[09:58.080 --> 10:01.800]  That is the first charge that should be there.
[10:01.800 --> 10:05.320]  Well, the first one should be subject matter jurisdiction.
[10:05.320 --> 10:08.800]  Who the heck are you and what authority do you have to do this?
[10:08.800 --> 10:13.960]  If they get past that, like in Texas, if he's Highway Patrol, then he has authority to
[10:13.960 --> 10:17.200]  enforce this body of law.
[10:17.200 --> 10:18.200]  Okay.
[10:18.200 --> 10:24.920]  Then the next thing is the citation fails to state all the elements of the crime and
[10:24.920 --> 10:31.760]  therefore is insufficient on its face to invoke the subject matter jurisdiction of the court.
[10:31.760 --> 10:32.760]  Yeah.
[10:32.760 --> 10:37.800]  Now, I guess in a lot of cases, and this has never happened to me, and I'm just throwing
[10:37.800 --> 10:42.600]  this out there that whoever is the trial or fact or whatever, let's go to say, we're
[10:42.600 --> 10:46.040]  just here to take your plea, sir.
[10:46.040 --> 10:47.040]  That's all we're here.
[10:47.040 --> 10:50.440]  We're not here to talk about anything else that can be done after the fact.
[10:50.440 --> 10:52.680]  You know, where do you go with it?
[10:52.680 --> 10:53.680]  Okay.
[10:53.680 --> 11:02.520]  You need to read the criminal procedure code on first appearance.
[11:02.520 --> 11:08.880]  In Texas and in most every state, when you're accused of a crime, your first appearance
[11:08.880 --> 11:15.280]  must be before a magistrate by statute.
[11:15.280 --> 11:16.280]  They don't do that.
[11:16.280 --> 11:24.800]  I was in Highland Park, it's the most exclusive North suburb of Dallas.
[11:24.800 --> 11:30.880]  And so these guys are everybody that comes in there for the most part is pretty wealthy,
[11:30.880 --> 11:34.760]  so they can't pull many shenanigans in there.
[11:34.760 --> 11:41.680]  So I go in and the prosecutor calls me up and I said, no, no, no, you don't want to
[11:41.680 --> 11:42.680]  talk to me.
[11:42.680 --> 11:46.480]  I said, I don't know, no, you do not want to talk to me.
[11:46.480 --> 11:51.240]  The judge wants to talk to me and the prosecutor said, oh, okay.
[11:51.240 --> 11:54.880]  So I wait and the judge calls me up and he said, you're Randall Colton.
[11:54.880 --> 11:55.880]  I said, yes, I am.
[11:55.880 --> 12:05.000]  Mr. Colton, now you're charged with speeding and with, oh, something, oh, no registration.
[12:05.000 --> 12:06.000]  How do you play?
[12:06.000 --> 12:08.520]  Oh, judge, I'm not here to play.
[12:08.520 --> 12:15.560]  I'm here for an examining trial, but Mr. Colton, this is a misdemeanor.
[12:15.560 --> 12:18.600]  You don't have a right to examining trial.
[12:18.600 --> 12:19.600]  So what?
[12:19.600 --> 12:27.120]  What's that got to do with it, he said, well, Mr. Colton, if you don't have a right to examining
[12:27.120 --> 12:31.040]  trial, I can't give you one.
[12:31.040 --> 12:33.240]  Where'd you come up with that?
[12:33.240 --> 12:35.600]  Did you just make that up?
[12:35.600 --> 12:42.960]  The judge is looking at me confused, but they're not accustomed to someone starting at the
[12:42.960 --> 12:43.960]  beginning.
[12:43.960 --> 12:48.360]  You think they got that, though, requirement in every state, that examining trial?
[12:48.360 --> 12:49.360]  Yes.
[12:49.360 --> 12:57.320]  Gerstein Pew makes everybody have to have it.
[12:57.320 --> 13:04.160]  This comes from the Magna Carta first signed 1215 AD.
[13:04.160 --> 13:10.680]  It's been in our law for 800 years and has served us well.
[13:10.680 --> 13:17.600]  It was never intended that a policeman have the power to arrest and imprison.
[13:17.600 --> 13:26.240]  While the policeman was given the power to arrest a free man, he was not given the power
[13:26.240 --> 13:28.000]  to imprison that free man.
[13:28.000 --> 13:34.240]  He must take that free man to the nearest magistrate and explain himself, and that's
[13:34.240 --> 13:41.800]  why you find magistrates' offices spread around the county, because at the time, we didn't
[13:41.800 --> 13:49.040]  have automobiles, and they wanted a magistrate within a day's ride of any place in the county.
[13:49.040 --> 13:55.160]  And if you look at counties, the bigger the county, the more they have, so that they would
[13:55.160 --> 13:59.080]  have one within a day's ride of any spot in the county.
[13:59.080 --> 14:04.120]  If the person is arrested, they're taken directly to that magistrate.
[14:04.120 --> 14:06.960]  The officer explains himself.
[14:06.960 --> 14:12.680]  The magistrate determines if the guy goes to jail or not, not the policeman.
[14:12.680 --> 14:16.240]  It was a great tool.
[14:16.240 --> 14:21.120]  It helped to keep the public from having reason to fear the police.
[14:21.120 --> 14:27.240]  They might have to fear that magistrate, but they elected that magistrate.
[14:27.240 --> 14:34.760]  So he had a reason to weigh the facts carefully, and the magistrate didn't have a dog in the
[14:34.760 --> 14:35.760]  hunt.
[14:35.760 --> 14:39.720]  He didn't care if you're a guilty or not, and it wasn't his job.
[14:39.720 --> 14:46.000]  The policeman's one who arrested you, he's got a dog in the hunt.
[14:46.000 --> 14:50.240]  And the prosecutor, he's got a dog in the hunt, but the magistrate doesn't.
[14:50.240 --> 14:52.720]  He's a neutral arbiter.
[14:52.720 --> 14:58.960]  He's to listen to both sides and determine whether or not you should stand and answer.
[14:58.960 --> 15:01.840]  This was basic due process.
[15:01.840 --> 15:10.520]  And that's what I told the judge, 14.03, 14.01, Texas Code of Criminal Procedure authorizes
[15:10.520 --> 15:14.720]  a police officer to arrest someone for an onsite offense.
[15:14.720 --> 15:20.880]  Do you know three commands that officers take that person directly to the nearest magistrate?
[15:20.880 --> 15:25.340]  That is a statutory requirement.
[15:25.340 --> 15:30.400]  It does not go to whether or not I have a right to an examining trial.
[15:30.400 --> 15:37.560]  It goes to the duty of the officers to take me to one, and that goes to due process.
[15:37.560 --> 15:41.880]  And due process is something I have a right to.
[15:41.880 --> 15:47.960]  And after the hearing the judge told me that he represents criminal clients in his day
[15:47.960 --> 15:56.840]  job, and we've been trying to get examining trials for our clients, I could use this argument.
[15:56.840 --> 16:02.600]  So we start at the beginning.
[16:02.600 --> 16:09.720]  Every code will be this way they have to because of the federal requirement.
[16:09.720 --> 16:16.040]  Prearrest must be followed by taking the person directly to the nearest magistrate.
[16:16.040 --> 16:18.440]  This is extremely well established in code.
[16:18.440 --> 16:27.960]  Go to jurisimprudence.website and add a bunch of frogs on there.
[16:27.960 --> 16:30.880]  I call this the frog farm conspiracy.
[16:30.880 --> 16:35.880]  Top frog on the left is a habeas corpus.
[16:35.880 --> 16:39.480]  I wrote it for a kid in Conroe.
[16:39.480 --> 16:43.240]  Remember the Republic of Texas doing that stupid stuff they do, and he had spent three
[16:43.240 --> 16:45.040]  weeks in jail.
[16:45.040 --> 16:49.520]  And the President and the Attorney General of the Republic of Texas came to me and asked
[16:49.520 --> 16:51.600]  me if I could do something to get him out.
[16:51.600 --> 16:53.960]  So I wrote this habeas for him and went down there and filed it.
[16:53.960 --> 16:56.240]  We got him out.
[16:56.240 --> 16:59.480]  But it is a treatment of due process.
[16:59.480 --> 17:04.240]  Rule of law radio is proud to offer the rule of law traffic seminar.
[17:04.240 --> 17:06.680]  In today's America we live in a us against them society.
[17:06.680 --> 17:10.360]  If we the people are ever going to have a free society then we are going to have to stand
[17:10.360 --> 17:11.960]  and defend our own rights.
[17:11.960 --> 17:14.760]  Among those rights are the right to travel freely from place to place.
[17:14.760 --> 17:18.360]  The right to act in our own private capacity and most importantly the right to due process
[17:18.360 --> 17:19.360]  of law.
[17:19.360 --> 17:23.120]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[17:23.120 --> 17:25.000]  our rights through due process.
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[17:28.480 --> 17:32.240]  most comprehensive teaching tool available that will help you understand what due process
[17:32.240 --> 17:34.640]  is and how to hold courts to rule of law.
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[19:08.680 --> 19:18.680]  Well don't let nothing get to you, only the father can do it for you, don't let bad mind
[19:18.680 --> 19:21.680]  people hurt you.
[19:21.680 --> 19:34.080]  Okay, we are back, Randy Kelton, ruleoflawradio and we're talking to Robinson in Washington.
[19:34.080 --> 19:42.400]  The reason I'm going to this place is this is the place almost nobody goes to.
[19:42.400 --> 19:45.880]  And the courts are really not used to dealing with this.
[19:45.880 --> 19:53.360]  They're accustomed to people coming in and arguing the merits of the case.
[19:53.360 --> 20:01.840]  And the best way to befuddle the court is take them to due process, take them to jurisdiction.
[20:01.840 --> 20:07.080]  They don't get this argued off and they don't know how to argue it and they're there running
[20:07.080 --> 20:11.040]  this well oiled machine.
[20:11.040 --> 20:15.920]  They've got all of these dollars to collect and they don't want anything to interfere
[20:15.920 --> 20:22.760]  with the efficiency of their fund generating tool.
[20:22.760 --> 20:25.880]  So when you come in there and start throwing these curves at them they don't know how to
[20:25.880 --> 20:28.880]  deal with them.
[20:28.880 --> 20:30.440]  And they generally deal badly.
[20:30.440 --> 20:33.440]  I want to throw something at you.
[20:33.440 --> 20:41.640]  Do you understand this principle, I guess, if there's actually no injury, there is no
[20:41.640 --> 20:45.320]  cause of action and the state has no right, so how can they deal with it?
[20:45.320 --> 20:56.960]  That is a patriot mythology misinterpretation of circumstance.
[20:56.960 --> 21:05.560]  When it comes to penal laws, Texas has a specific statute most every other state does that says
[21:05.560 --> 21:14.000]  that when a penal law of the state is violated, the state is the injured party.
[21:14.000 --> 21:22.200]  If your due process rights are violated, you do not have to show harm.
[21:22.200 --> 21:30.200]  That is harm per se and the courts have held that a violation of a penal law is harm per
[21:30.200 --> 21:36.040]  se, harm on its face and you do not have to show an injured party.
[21:36.040 --> 21:42.800]  I know there are a lot of guys out there claiming that but they made it up.
[21:42.800 --> 21:53.240]  They tried to take contract law and apply contract law to tort law.
[21:53.240 --> 21:58.120]  Criminal is not exactly tort but it's close.
[21:58.120 --> 22:05.000]  The injured party issue does not arise in criminal.
[22:05.000 --> 22:10.480]  It may arise if you sue the party who injured you while committing the crime but it doesn't
[22:10.480 --> 22:12.800]  go to the crime itself.
[22:12.800 --> 22:20.560]  I mean, if it is a crime, somebody is going to be harmed at some point.
[22:20.560 --> 22:21.560]  The reason for the criminal...
[22:21.560 --> 22:25.600]  On the outside bound, somehow somebody is going to be harmed, whether it is indirectly
[22:25.600 --> 22:27.480]  or directly, right?
[22:27.480 --> 22:33.320]  No, the intent of the penal laws is to prevent harm.
[22:33.320 --> 22:38.840]  They are there to make sure harm does not occur in the first place so to say that the
[22:38.840 --> 22:45.280]  only way you could enforce the penal law is after the harm had occurred it would negate
[22:45.280 --> 22:48.080]  the purpose of the law in the first place.
[22:48.080 --> 22:52.960]  Well, I mean, you have not been in violation until you actually break the law.
[22:52.960 --> 22:53.960]  You are not in violation.
[22:53.960 --> 23:02.480]  But once you violate the law, the court does not have to show harm.
[23:02.480 --> 23:05.880]  A violation of a penal law is harm per se.
[23:05.880 --> 23:08.960]  Just like a violation of your due process.
[23:08.960 --> 23:13.880]  What about in these administrative situations like traffic and all that?
[23:13.880 --> 23:29.400]  Well, if the actors fail to provide you with due process, if they fail to perform all of
[23:29.400 --> 23:34.480]  the duties they are required to perform, or if they exert or purport to exert an authority
[23:34.480 --> 23:37.440]  they do not have, that is harm per se.
[23:37.440 --> 23:44.160]  You are harmed on its face because it is your right and they damage you in your right.
[23:44.160 --> 23:47.960]  The state takes a similar position.
[23:47.960 --> 23:55.320]  When you violate one of our state laws, the state is harmed similarly as a matter of law.
[23:55.320 --> 23:57.880]  So the state does not have to show harm.
[23:57.880 --> 24:03.000]  I know, but basically the state is whoever the prosecutor is or whoever the policeman
[24:03.000 --> 24:06.640]  is or whoever it is, right?
[24:06.640 --> 24:11.160]  That is basically the state because who they say they can represent, they can never bring
[24:11.160 --> 24:12.160]  them into the courtroom.
[24:12.160 --> 24:18.680]  I mean, there is a maximum law which says that that which does not appear does not exist.
[24:18.680 --> 24:24.120]  And the statement of counsel can't be accepted as true or anything like that.
[24:24.120 --> 24:26.880]  Then anything they say can't be accepted in the record.
[24:26.880 --> 24:35.440]  Well, if they have a criminal complaint, the criminal complaint is taken as an affidavit,
[24:35.440 --> 24:46.080]  when a police officer signs a citation, the courts presume that citation to be signed
[24:46.080 --> 24:53.840]  under oath and the policeman is held responsible as if it were signed before a notary.
[24:53.840 --> 25:00.800]  So when the policeman finds the complaint, that invokes the jurisdiction.
[25:00.800 --> 25:04.240]  Did I answer the right question?
[25:04.240 --> 25:05.240]  Yeah.
[25:05.240 --> 25:07.560]  But what about you?
[25:07.560 --> 25:12.200]  What have you put your affidavit in with your own complaint?
[25:12.200 --> 25:20.600]  Exactly the same because a police officer does not file a criminal accusation in his
[25:20.600 --> 25:24.880]  capacity as a police officer.
[25:24.880 --> 25:36.720]  He files a criminal accusation in his capacity as a credible person, in his personal capacity.
[25:36.720 --> 25:42.760]  That's why he can be held personally liable for aggravated perjury.
[25:42.760 --> 25:48.720]  There's no special provision for policemen to file criminal complaints.
[25:48.720 --> 25:53.360]  Criminal complaints are intended to be filed by ordinary citizens and helping a guy in
[25:53.360 --> 25:54.360]  Georgia.
[25:54.360 --> 25:59.720]  Now holy mackerel, I can't believe what I found in Georgia.
[25:59.720 --> 26:03.240]  Oh, this is incredible.
[26:03.240 --> 26:11.480]  If you in Georgia, you can issue a warrant.
[26:11.480 --> 26:17.280]  When you file a criminal complaint, you file a petition for a warrant.
[26:17.280 --> 26:26.440]  You file it with the judge and it says the court shall compel the accused to come before
[26:26.440 --> 26:27.440]  the court.
[26:27.440 --> 26:28.440]  Wow.
[26:28.440 --> 26:34.960]  We're going to file against the judge.
[26:34.960 --> 26:42.960]  I've never seen that before and all the people I've talked to in Georgia, nobody seemed to
[26:42.960 --> 26:44.960]  be aware of it.
[26:44.960 --> 26:51.280]  I'm helping this guy and the city is really jerking him around and he wants to go back
[26:51.280 --> 26:54.840]  after him and he went to talk to him to file criminal complaints and I said, oh, you're
[26:54.840 --> 26:57.200]  going to file a warrant.
[26:57.200 --> 26:59.240]  So he sent me a copy of it.
[26:59.240 --> 27:05.600]  Oh, man, I was jumping up and down and clamping my hands.
[27:05.600 --> 27:11.800]  It referenced the code and I looked up the codes and the code is very clear.
[27:11.800 --> 27:21.320]  When you file a warrant application, the court shall compel the accused to appear.
[27:21.320 --> 27:30.480]  So filing against the mayor and the city manager and the chief of police and the fire marshal
[27:30.480 --> 27:36.320]  and the code inspector, everybody, this guy has two properties.
[27:36.320 --> 27:44.080]  They're connected to one huge building, actually two buildings that were built together.
[27:44.080 --> 27:48.480]  The one address for 82 is the one he's using.
[27:48.480 --> 27:51.840]  He's got storage units about 30,000 square feet.
[27:51.840 --> 27:53.240]  It's all fine.
[27:53.240 --> 27:58.080]  The other one has 12,000 square feet and it's not being used and the sprinkler doesn't
[27:58.080 --> 27:59.080]  work.
[27:59.080 --> 28:05.120]  The city wanted to take his property and use it in an expansion project so they came in
[28:05.120 --> 28:10.040]  there and locked him out of his property because the sprinkler system in the other building
[28:10.040 --> 28:12.320]  wasn't working.
[28:12.320 --> 28:18.240]  And they called the property 462-482, but it wasn't.
[28:18.240 --> 28:22.000]  They were two separate properties.
[28:22.000 --> 28:23.000]  Oops.
[28:23.000 --> 28:31.480]  When he filed, I wrote him an opposition that he filed in the court, they dropped all the
[28:31.480 --> 28:32.480]  charges immediately.
[28:32.480 --> 28:33.480]  Oh, wow.
[28:33.480 --> 28:41.920]  Sorry, bubba, that bill's already been rung, so now I'm putting together a criminal complaint
[28:41.920 --> 28:48.960]  and he goes down and finds out that he issued a petition for a warrant and the judge can't
[28:48.960 --> 28:53.400]  just sign it or not sign it.
[28:53.400 --> 28:57.280]  He has to order the person to come before the court.
[28:57.280 --> 28:58.280]  Wow.
[28:58.280 --> 29:01.280]  Oh, can we beat him up in Georgia?
[29:01.280 --> 29:03.640]  He's a citizen judge.
[29:03.640 --> 29:12.360]  But it's, okay, point is that demonstrates the point that you have the same power the
[29:12.360 --> 29:16.000]  police officer does to file complaints.
[29:16.000 --> 29:23.760]  Not only do you have the power to do it, you have a statutory duty to report crime.
[29:23.760 --> 29:24.920]  Right.
[29:24.920 --> 29:31.360]  And when you do that statutory duty, you become a protected class.
[29:31.360 --> 29:35.800]  If you heard Ted Scarlett earlier, I've been a long time trying to get him to start going
[29:35.800 --> 29:36.800]  after him criminally.
[29:36.800 --> 29:40.640]  He finally did and all of a sudden he's got them doing a dance.
[29:40.640 --> 29:41.640]  Yeah.
[29:41.640 --> 29:44.200]  Hey, we're about to go to break.
[29:44.200 --> 29:51.480]  Randy Kelton, wills our radio, not falling off the cliff this time.
[29:51.480 --> 29:55.520]  Call in number 512-646-1984.
[29:55.520 --> 30:00.280]  We'll be right back.
[30:00.280 --> 30:05.320]  What's your privacy worth?
[30:05.320 --> 30:09.240]  Well, it's hard to put a dollar figure on it, but some entrepreneurs want to help people
[30:09.240 --> 30:12.760]  earn money when marketers pluck their personal data off the web.
[30:12.760 --> 30:16.880]  I'm Dr. Catherine Albright, back with details in a moment.
[30:16.880 --> 30:18.600]  Privacy is under attack.
[30:18.600 --> 30:22.200]  When you give up data about yourself, you'll never get it back again.
[30:22.200 --> 30:27.200]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.200 --> 30:28.720]  So protect your rights.
[30:28.720 --> 30:32.320]  Say no to surveillance and keep your information to yourself.
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[31:14.960 --> 31:20.640]  Now, I'm all for making privacy vultures pay, but fighting for privacy by removing it feels
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[31:21.640 --> 31:31.240]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:31.240 --> 31:32.240]  I lost my son.
[31:32.240 --> 31:33.240]  My uncle.
[31:33.240 --> 31:34.240]  My uncle.
[31:34.240 --> 31:35.240]  My uncle.
[31:35.240 --> 31:36.240]  My uncle.
[31:36.240 --> 31:37.240]  My uncle.
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[31:41.240 --> 31:43.280]  My father's story's skyspruch was not hit by a plane.
[31:43.280 --> 31:47.640]  I will be official explanation is this fire broughtdown building seven.
[31:47.640 --> 31:51.480]  Over one thousand two hundred architects and engineers have looked into the evidence.
[31:51.480 --> 31:53.360]  And believed there's more to the story.
[31:53.360 --> 31:54.760]  Bring justice to my son.
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[31:57.760 --> 31:58.760]  Go to building what.org.
[31:58.760 --> 32:01.240]  Why it fell, why it mattered, and what you can do.
[32:01.240 --> 32:03.600]  Hey, it's Danny here for Hill Country Home Improvements.
[32:03.600 --> 32:07.000]  Did your home receive hail or wind damage from the recent storms?
[32:07.000 --> 32:09.760]  Come on we all know the government caused it with their Tim Trells.
[32:09.760 --> 32:11.560]  But good luck getting them to pay for it.
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[32:15.200 --> 32:19.000]  That's why you have insurance and Hill Country Home Improvements can handle the claim for
[32:19.000 --> 32:21.760]  you with little to no out-of-pocket expense.
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[32:26.040 --> 32:27.360]  zero complaints.
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[32:31.560 --> 32:32.760]  the first time.
[32:32.760 --> 32:39.320]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[32:39.320 --> 32:43.840]  Send the crypto show and get $100 off, and we'll donate another $100 to the Logos Radio
[32:43.840 --> 32:46.080]  Network to help continue this programming.
[32:46.080 --> 32:51.200]  So if those out-of-town roofers come knocking, your door should be locked in.
[32:51.200 --> 32:57.240]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[32:57.240 --> 32:59.280]  Discounts are based on full roof replacement.
[32:59.280 --> 33:01.800]  I mean, I actually be kidding about chemtrails.
[33:01.800 --> 33:13.360]  Live, free speech radio, LogosRadioNetwork.com.
[33:13.360 --> 33:21.520]  Okay, we are back.
[33:21.520 --> 33:28.640]  Randy Kelton, Rue de la Radio on this Friday, the fifth day of April, 2019, and we're talking
[33:28.640 --> 33:31.960]  to Robinson in Washington.
[33:31.960 --> 33:37.320]  And I'm spending a lot of time on this, Robinson, because this is one of my favorite subjects.
[33:37.320 --> 33:46.480]  This is exactly the way I like to address these, because we're avoiding the standard
[33:46.480 --> 33:48.880]  traps everybody falls into.
[33:48.880 --> 33:54.880]  Let's go over these people where they live and give them something to dance with.
[33:54.880 --> 33:57.920]  Hey, Randy, let me cut you off.
[33:57.920 --> 34:02.440]  Let's go back to the challenge in the jurisdiction on the traffic deal.
[34:02.440 --> 34:05.480]  What's the angle on that?
[34:05.480 --> 34:18.520]  The citation fails to establish, fails to plea all of the elements of the crime.
[34:18.520 --> 34:22.360]  As a rule in every state, the first element is commerce.
[34:22.360 --> 34:33.280]  Actually, the first element is the authority of the officer to enforce the statutory scheme
[34:33.280 --> 34:35.800]  that comes into question often.
[34:35.800 --> 34:40.600]  And what would be his limitations?
[34:40.600 --> 34:49.560]  If he is a highway patrol or a state officer, they generally have authority to enforce
[34:49.560 --> 34:54.480]  the transportation codes.
[34:54.480 --> 34:57.560]  And generally, that is all.
[34:57.560 --> 35:07.600]  Now in Arizona and Georgia that I know of offhand, the peace officers have been authorized
[35:07.600 --> 35:10.920]  to enforce the transportation code.
[35:10.920 --> 35:20.240]  But in Illinois, Tennessee, Texas, and the majority of states, the state police were
[35:20.240 --> 35:25.080]  created for that purpose.
[35:25.080 --> 35:31.960]  Because when they instituted the commercial transportation rules, they were primarily
[35:31.960 --> 35:41.040]  for trucks, because in the 30s and 40s, they started to build bigger and bigger trucks.
[35:41.040 --> 35:42.560]  And these trucks were a hazard.
[35:42.560 --> 35:47.760]  They had horrible braking systems, the people driving them had no idea what they were doing.
[35:47.760 --> 35:51.680]  They were slaughtering people, but that wasn't a problem.
[35:51.680 --> 35:55.080]  Wiping out a few people at once, that's a big deal.
[35:55.080 --> 35:59.400]  The problem was they were damaging the roads and bridges.
[35:59.400 --> 36:04.760]  So they needed a way to get control of this, and they passed this commercial transportation
[36:04.760 --> 36:05.760]  code.
[36:05.760 --> 36:08.680]  Most of them were passed after World War II.
[36:08.680 --> 36:10.560]  We had just fought a war.
[36:10.560 --> 36:13.160]  It was Truman who got most of this done.
[36:13.160 --> 36:18.240]  Truman was a road builder before he got into politics.
[36:18.240 --> 36:22.000]  And he was horrified at the way they built roads.
[36:22.000 --> 36:27.800]  He complained that they built roads the same way they built them for a thousand years.
[36:27.800 --> 36:30.160]  They were built for horse and buggies.
[36:30.160 --> 36:35.200]  Ninety-degree corners are a hazard for 3,000-pound automobiles.
[36:35.200 --> 36:41.000]  He is the one that commissioned the design of the interstate roadway system, with clover
[36:41.000 --> 36:44.040]  leaves and blends in and blends out.
[36:44.040 --> 36:45.320]  He designed that.
[36:45.320 --> 36:49.560]  He was horrified that 50,000 people a year are being killed on the highways.
[36:49.560 --> 36:51.920]  That was more than what killed in the wars.
[36:51.920 --> 36:54.480]  So he tried to fix that.
[36:54.480 --> 36:58.320]  But we had just fought a war for our freedom.
[36:58.320 --> 37:04.360]  We were not about to allow the government to take these cars we were just getting to
[37:04.360 --> 37:10.560]  the point we could afford and have fun with and have them interfere with our fun.
[37:10.560 --> 37:15.120]  So they passed these codes only for commercial vehicles.
[37:15.120 --> 37:20.160]  And then went to the sheriff and said, okay, guys, we got this whole new set of code we
[37:20.160 --> 37:22.680]  want you to enforce.
[37:22.680 --> 37:24.920]  The sheriff told them to go scratch.
[37:24.920 --> 37:29.040]  We don't have funds to enforce that whole new set of code.
[37:29.040 --> 37:34.880]  You either got to come up with more money in our budget or you have to come up with some
[37:34.880 --> 37:36.680]  other solution.
[37:36.680 --> 37:44.560]  So the solution they came up with was hiring, creating a state police for that purpose.
[37:44.560 --> 37:50.600]  In the state of Illinois, the state police is called the Secretary of State Police.
[37:50.600 --> 38:01.760]  And the code says only the Secretary of State may enforce the commercial traffic laws.
[38:01.760 --> 38:03.880]  Very, very clear.
[38:03.880 --> 38:12.280]  A municipal court can hear a commercial traffic accusation, but it has to be written by a
[38:12.280 --> 38:13.760]  state police officer.
[38:13.760 --> 38:22.680]  So the first thing you want to test, does this officer have general authority to enforce
[38:22.680 --> 38:25.760]  this statutory scheme?
[38:25.760 --> 38:37.440]  Second, at the time of the alleged infraction, is it alleged that I fell within that statutory
[38:37.440 --> 38:39.960]  scheme?
[38:39.960 --> 38:48.480]  There must be facts establishing that I fall within the statutory scheme, goes to commerce.
[38:48.480 --> 38:51.840]  The first one goes to the authority of the officer to enforce it.
[38:51.840 --> 38:57.160]  If he has authority to enforce it, does he have authority to enforce it against me?
[38:57.160 --> 39:07.080]  Then the third one is the complaint sufficient to invoke the subject matter jurisdiction
[39:07.080 --> 39:08.640]  of the court.
[39:08.640 --> 39:12.360]  Does it plea every element?
[39:12.360 --> 39:16.360]  It must plea his authority.
[39:16.360 --> 39:19.160]  It must plea commerce in all of us.
[39:19.160 --> 39:20.160]  Okay, go ahead.
[39:20.160 --> 39:23.720]  Can you kind of explain that subject matter or jurisdiction?
[39:23.720 --> 39:28.880]  I kind of understand personality is once you serve being you're kind of within the jurisdiction
[39:28.880 --> 39:29.880]  of someone.
[39:29.880 --> 39:35.240]  But what is that subject matter all about because I hear that, well, I've read that it can never
[39:35.240 --> 39:36.240]  be waived.
[39:36.240 --> 39:37.240]  Right.
[39:37.240 --> 39:43.360]  The judge is, okay, I tell you what, you got this ticket.
[39:43.360 --> 39:48.440]  How about you appoint me to be the judge in this case?
[39:48.440 --> 39:54.920]  And I will hear the traffic ticket case for you.
[39:54.920 --> 39:58.640]  You cannot make me the judge, period.
[39:58.640 --> 40:04.400]  I either have that authority or I do not.
[40:04.400 --> 40:10.760]  If I do not have that authority, you cannot give it to me.
[40:10.760 --> 40:14.920]  It has to be bestowed by statute.
[40:14.920 --> 40:24.280]  So once I have that authority, say I am the judge, I'm the proper judge in this case.
[40:24.280 --> 40:35.240]  Now in order for there to be a case, the pleading must be sufficient to invoke my jurisdiction.
[40:35.240 --> 40:41.360]  And I've had judges that did not understand this distinction.
[40:41.360 --> 40:44.160]  He said, of course I have subject matter jurisdiction.
[40:44.160 --> 40:49.280]  I have subject matter jurisdiction over all crimes of this nature in this county.
[40:49.280 --> 40:51.280]  Yes, you do.
[40:51.280 --> 40:52.280]  Yeah.
[40:52.280 --> 40:59.200]  And plaintiff lack the legal capacity to invoke that subject matter jurisdiction.
[40:59.200 --> 41:10.080]  And that's the part they didn't really understand, that the police officer, say I try to sue
[41:10.080 --> 41:11.080]  you.
[41:11.080 --> 41:12.080]  Yeah.
[41:12.080 --> 41:16.560]  And I try to sue you for standing on your head and squawking like a chicken.
[41:16.560 --> 41:24.360]  And the court's going to say you can't invoke my subject matter jurisdiction for that because
[41:24.360 --> 41:31.160]  that is not a crime that falls within my subject matter jurisdiction.
[41:31.160 --> 41:37.040]  Or I want to sue you for theft.
[41:37.040 --> 41:39.200]  And the judge says, well, what do you, what do you steal?
[41:39.200 --> 41:40.200]  I don't know.
[41:40.200 --> 41:42.400]  Well, where do you steal it from?
[41:42.400 --> 41:44.400]  I don't know.
[41:44.400 --> 41:51.120]  Well, you can't invoke my subject matter jurisdiction unless you can establish the elements of a
[41:51.120 --> 41:54.440]  crime.
[41:54.440 --> 41:58.440]  Once you can establish an element of a crime, you don't have to prove it.
[41:58.440 --> 42:01.000]  You just have to plead it.
[42:01.000 --> 42:02.120]  Right.
[42:02.120 --> 42:05.760]  That will invoke my jurisdiction.
[42:05.760 --> 42:12.040]  The ticket doesn't plead all the elements.
[42:12.040 --> 42:15.840]  And most people don't know to challenge that.
[42:15.840 --> 42:20.240]  Once we start effectively challenging that, then just put that part in the ticket.
[42:20.240 --> 42:24.360]  Now it starts checking it, and then they'll get that part covered.
[42:24.360 --> 42:28.320]  But right now they don't.
[42:28.320 --> 42:34.440]  Another angle I want to throw at you is, you know, we were talking about if a guy who doesn't
[42:34.440 --> 42:39.520]  know about challenging jurisdiction, he wanted to talk about the merits of the case, right?
[42:39.520 --> 42:46.000]  And the guy wrote the citation, he said you were going $95 and $60 hours on, it was Sunday,
[42:46.000 --> 42:47.000]  whatever.
[42:47.000 --> 42:51.960]  And the temperature was 90 degrees and the roles were dry and clear.
[42:51.960 --> 42:52.960]  Right?
[42:52.960 --> 42:56.120]  And he put that little statement in the citation.
[42:56.120 --> 43:01.200]  And the officer, the judge has the citation, you go to court, and you say, hey, you bring
[43:01.200 --> 43:07.520]  in the case, you know what I'm talking about, the section, it says, it says here that the
[43:07.520 --> 43:12.160]  roles have to be hazardous, you have to dismiss that, is that a way to go about that during
[43:12.160 --> 43:13.160]  an arraignment?
[43:13.160 --> 43:26.440]  Oh yeah, the speeding statute, there is no hard and fast speed limit.
[43:26.440 --> 43:29.920]  The speeds are what is reasonable and prudent.
[43:29.920 --> 43:36.160]  In order to charge someone with speeding, they have to show that the speed was not reasonable
[43:36.160 --> 43:37.640]  or prudent.
[43:37.640 --> 43:43.720]  The courts want to avoid that part and they ignore it.
[43:43.720 --> 43:51.000]  And also states have to be involved in the collision.
[43:51.000 --> 43:56.800]  There are some states that require a collision, Texas does not.
[43:56.800 --> 43:59.960]  Texas just requires prima facie evidence.
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[45:01.320 --> 45:04.520]  Are you the plaintiff or defendant in a lawsuit?
[45:04.520 --> 45:11.280]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
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[45:49.880 --> 45:52.400]  prosa tactics, and much more.
[45:52.400 --> 46:01.000]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:22.400 --> 46:39.760]  I'm not going to stay much longer, Randy, but thank you so much for talking with me.
[46:39.760 --> 46:44.520]  I do enjoy these kinds of treatments.
[46:44.520 --> 46:51.600]  When we were going out, there was one thing I had in my mind that I wanted to address.
[46:51.600 --> 47:05.840]  Any time we start talking about these specifics, these specifics go to an often-unstated presupposition.
[47:05.840 --> 47:13.840]  That presupposition is that you can't expect to win your case if you have the law and the
[47:13.840 --> 47:17.520]  facts on your side.
[47:17.520 --> 47:23.440]  It's just not that way, it never has been that way.
[47:23.440 --> 47:27.960]  The government wants you to believe that it is that way, and they certainly teach that
[47:27.960 --> 47:30.240]  in the schools.
[47:30.240 --> 47:35.240]  But in the real world we live in, you will only win your case if you have the politics
[47:35.240 --> 47:41.120]  on your side, and I'm not speaking in hyperbole.
[47:41.120 --> 47:47.440]  You really will only win it if you have the politics on your side, and this is all about
[47:47.440 --> 47:49.320]  creating politics.
[47:49.320 --> 47:58.880]  We use these claims we bring before the court so that we can get the court to rule improperly.
[47:58.880 --> 48:06.360]  When the court rules improperly, then we can go after them politically, like I have this
[48:06.360 --> 48:07.360]  traffic site.
[48:07.360 --> 48:12.880]  If you get a ticket, a traffic ticket, go to trafficticket.website, fill in the traffic
[48:12.880 --> 48:18.240]  ticket information, it will spit you out a whole bunch of documents.
[48:18.240 --> 48:24.720]  You read them if you want to, if you're not in Texas or some that goes specific to Texas,
[48:24.720 --> 48:26.720]  and most of them don't.
[48:26.720 --> 48:29.160]  You just sign them and send them.
[48:29.160 --> 48:33.480]  You don't care what's in them, because the court's going to get them, they don't care
[48:33.480 --> 48:34.480]  what's in them.
[48:34.480 --> 48:40.920]  They're going to blow them off, so they're just there to collect money.
[48:40.920 --> 48:48.160]  What they don't realize is we hope they blow them off, that's the whole point, because
[48:48.160 --> 48:57.200]  now we get to go directly after the courts, criminally and civilly, for failing to perform
[48:57.200 --> 49:01.400]  duty that required to perform in the process, not a citizen, pull three axes to a drawing
[49:01.400 --> 49:02.400]  of a right.
[49:02.400 --> 49:09.800]  A judge, we have some great case law for Texas, and this is so right.
[49:09.800 --> 49:15.640]  That every state is going to have something similar.
[49:15.640 --> 49:25.680]  We have case law that says, a judge has no discretion in properly applying the law to
[49:25.680 --> 49:27.480]  the facts.
[49:27.480 --> 49:37.200]  A failure to do so is a breach of discretion, I'm sorry, an abuse of discretion.
[49:37.200 --> 49:42.360]  An abuse of discretion that denies a citizen in the full and free access to a drawing of
[49:42.360 --> 49:45.320]  a right is a crime in every state.
[49:45.320 --> 49:53.600]  Let me ask you this, in a case that we're talking about right now, where you go before
[49:53.600 --> 50:00.440]  the court and they offer no proof that the officer has any authority to monitor traffic
[50:00.440 --> 50:05.800]  or something like that, and the judge continues and just runs you over and says, I'm going
[50:05.800 --> 50:10.800]  to take your plea and we're going, is that like an obvious situation of misconduct, you
[50:10.800 --> 50:11.800]  would say?
[50:11.800 --> 50:14.320]  That's about as obvious as it gets.
[50:14.320 --> 50:21.880]  Mr. Baylis, arrest that judge.
[50:21.880 --> 50:27.000]  If you haven't done that in court, you haven't lived.
[50:27.000 --> 50:30.720]  First time you do that, you will get a big surprise.
[50:30.720 --> 50:36.760]  You will notice that it gets very quiet in the court all of a sudden.
[50:36.760 --> 50:44.320]  The judge, no matter how bad an attitude he has, all of a sudden he shuts up.
[50:44.320 --> 50:50.940]  That becomes an oops, because now you're talking to the bailiff making criminal accusations
[50:50.940 --> 50:58.000]  against the judge, one word out of the judge, that's obstruction of witness tampering.
[50:58.000 --> 50:59.840]  He knows it.
[50:59.840 --> 51:04.760]  But I don't suggest you do that unless you're comfortable with it and willing to go to jail
[51:04.760 --> 51:07.760]  if you need to.
[51:07.760 --> 51:12.040]  Basically my thinking is, I just want to give the lay guy, if somebody asks me a question,
[51:12.040 --> 51:16.680]  what would you do in a situation where I got a speaking ticket or whatever and I had to
[51:16.680 --> 51:17.880]  go to court tomorrow?
[51:17.880 --> 51:21.640]  I would hope to be able to give them some basic information.
[51:21.640 --> 51:27.280]  Hey, maybe take this thing right here and challenge this and maybe just the case.
[51:27.280 --> 51:32.880]  First, send them to my traffic site.
[51:32.880 --> 51:36.800]  The things they need to do, it's hard to do that very quickly.
[51:36.800 --> 51:40.920]  You need to file a special appearance.
[51:40.920 --> 51:50.600]  You need to file a motion for speedy trial, a demand for a jury, a non-waver of rights,
[51:50.600 --> 51:56.560]  that's my mother Hubbard motion, a Brady motion, a motion in limony.
[51:56.560 --> 52:04.920]  There are some motions that should be filed in every single criminal accusation no matter
[52:04.920 --> 52:07.400]  what it is.
[52:07.400 --> 52:11.280]  But you can't ask a guy with a ticket, don't know anything about law to make up all these
[52:11.280 --> 52:12.280]  motions.
[52:12.280 --> 52:17.400]  Just go to this site, fill in the information, and spit the document out, complete it, all
[52:17.400 --> 52:19.080]  you got to do is sign it and send it.
[52:19.080 --> 52:22.680]  Here you go, judge.
[52:22.680 --> 52:26.880]  At the very least, that's going to get you a much better deal.
[52:26.880 --> 52:29.000]  Hey, what about this angle?
[52:29.000 --> 52:32.720]  Going in for the arraignment and always ask for a continuum of like 90 days or something
[52:32.720 --> 52:35.360]  crazy, I'm out like that.
[52:35.360 --> 52:41.400]  Okay, arraignment brings up an issue.
[52:41.400 --> 52:48.200]  And the first hearing is required to be an examining trial, not an arraignment.
[52:48.200 --> 52:50.160]  Oh yeah, you said that.
[52:50.160 --> 52:52.080]  You said that.
[52:52.080 --> 53:00.600]  An arraignment is a hearing for the purpose of determining the identity of the accused
[53:00.600 --> 53:12.080]  and taking a plea and may only be performed by a judge who has subject matter jurisdiction.
[53:12.080 --> 53:20.080]  The way the judge gets subject matter jurisdiction is based on an order by a magistrate after
[53:20.080 --> 53:23.200]  a preliminary hearing.
[53:23.200 --> 53:29.560]  If there is no order, there has been no preliminary hearing, the judge does not have subject matter
[53:29.560 --> 53:30.560]  jurisdiction.
[53:30.560 --> 53:33.560]  Wow, that's some powerful information.
[53:33.560 --> 53:36.440]  Yeah, and it's straightforward.
[53:36.440 --> 53:38.960]  This has been in law for 800 years.
[53:38.960 --> 53:43.560]  I mean, it's not like we pull some rabbit out of our hat.
[53:43.560 --> 53:48.960]  So, I could just look up my state code and say examining trials and I could see something?
[53:48.960 --> 53:53.520]  Yes, most states call it preliminary hearing.
[53:53.520 --> 53:58.720]  That's what Gerstein Pugh, the federal controlling case calls it.
[53:58.720 --> 54:11.640]  Go to Jurisimprudence.website, top frog on the left and just go through that habeas.
[54:11.640 --> 54:13.880]  That will give you a primer.
[54:13.880 --> 54:15.640]  Give me any arrest.
[54:15.640 --> 54:23.400]  I'll give you 19 felony and misdemeanor charges against everybody involved.
[54:23.400 --> 54:27.000]  They will not believe what we do to them.
[54:27.000 --> 54:32.320]  Okay, man, that's taken up enough of your time.
[54:32.320 --> 54:33.320]  Thank you very much.
[54:33.320 --> 54:34.320]  Thank you very much.
[54:34.320 --> 54:35.320]  Okay, don't be a stranger.
[54:35.320 --> 54:36.320]  I won't.
[54:36.320 --> 54:37.320]  Have a good rest of the night.
[54:37.320 --> 54:38.320]  Thanks a lot.
[54:38.320 --> 54:39.320]  Okay.
[54:39.320 --> 54:40.320]  Thank you, Robinson.
[54:40.320 --> 54:44.320]  Now we're going to John in New York.
[54:44.320 --> 54:45.320]  John?
[54:45.320 --> 54:47.440]  What do you have for us today?
[54:47.440 --> 54:49.640]  Well, it's not what I get.
[54:49.640 --> 54:50.640]  It's what you've got.
[54:50.640 --> 54:57.800]  Before we begin, I just want to let you know that I want to accept the blame ahead of time.
[54:57.800 --> 55:01.400]  If you fall off the cliff during this call, you're covered.
[55:01.400 --> 55:02.400]  I'm covered.
[55:02.400 --> 55:03.400]  Oh, good.
[55:03.400 --> 55:04.400]  I got plausible deniability.
[55:04.400 --> 55:07.080]  It's all John's fault.
[55:07.080 --> 55:09.400]  Guys love to have some place to put the blame.
[55:09.400 --> 55:11.640]  And you know, that's what we've got wives for.
[55:11.640 --> 55:14.320]  But mine's gotten a little sensitive about that.
[55:14.320 --> 55:15.320]  Oh, absolutely.
[55:15.320 --> 55:18.320]  As soon as the blame me.
[55:18.320 --> 55:19.320]  Yeah.
[55:19.320 --> 55:24.320]  I have yes or no and two false questions.
[55:24.320 --> 55:28.440]  In New York traffic court, do you have a right to a jury trial?
[55:28.440 --> 55:34.440]  And does the judge have an obligation to apprise you of that right in New York state?
[55:34.440 --> 55:35.440]  Okay.
[55:35.440 --> 55:41.600]  You're asking me if you have a right to a jury trial in New York, or are you saying
[55:41.600 --> 55:42.600]  you do?
[55:42.600 --> 55:44.600]  No, I'm asking.
[55:44.600 --> 55:49.240]  I'm asking in New York, in traffic court, do you have a right to a jury trial?
[55:49.240 --> 55:51.760]  I think you do, but I'm not certain.
[55:51.760 --> 55:54.120]  I would have to check.
[55:54.120 --> 56:01.320]  Just do a search for traffic citation, New York, jury trial, and it'll tell you.
[56:01.320 --> 56:04.400]  And does the judge have an obligation to apprise you of that fact?
[56:04.400 --> 56:07.440]  When you first order for the hearing?
[56:07.440 --> 56:09.720]  Not that I know of.
[56:09.720 --> 56:15.160]  The judge has a duty to apprise you of certain facts, and that is that you have a right to
[56:15.160 --> 56:16.160]  remain silent.
[56:16.160 --> 56:22.720]  But as far as I know, that's the only right he has a duty to apprise you of.
[56:22.720 --> 56:23.720]  What if he doesn't do that?
[56:23.720 --> 56:26.640]  What if he didn't apprise you of your right to remain silent?
[56:26.640 --> 56:27.640]  Because he did.
[56:27.640 --> 56:28.640]  Okay.
[56:28.640 --> 56:37.440]  The only thing that goes to is if the court then tries to use, or if the prosecution attempts
[56:37.440 --> 56:46.720]  to use information gathered from you prior to being read your rights, then that can be
[56:46.720 --> 56:48.720]  stricken under Miranda.
[56:48.720 --> 56:49.720]  Okay.
[56:49.720 --> 56:57.440]  In New York, an attorney told me with traffic ticket cases, there's no right to a preliminary
[56:57.440 --> 56:58.440]  hearing.
[56:58.440 --> 56:59.440]  They have scrubbed that.
[56:59.440 --> 57:00.440]  Is that false?
[57:00.440 --> 57:01.440]  Yes.
[57:01.440 --> 57:08.120]  So, even with traffic tickets in New York State, there has to be a preliminary hearing?
[57:08.120 --> 57:10.440]  Well, I said yes.
[57:10.440 --> 57:15.160]  Are traffic tickets in New York State treated as criminal acts?
[57:15.160 --> 57:17.160]  Yes.
[57:17.160 --> 57:22.240]  We treat traffic violations as a criminal court.
[57:22.240 --> 57:27.800]  Then for every criminal accusation, you have a right to a preliminary hearing.
[57:27.800 --> 57:30.480]  That's Christine Pugh.
[57:30.480 --> 57:38.480]  Every state, for the most part, has stopped holding examining trials for traffic issues.
[57:38.480 --> 57:39.480]  It is illegal.
[57:39.480 --> 57:43.000]  Now, what can you do about it?
[57:43.000 --> 57:44.000]  What can you do about it?
[57:44.000 --> 57:48.320]  Do you have to assert your right at the time, and if you don't bring it up, can you bring
[57:48.320 --> 57:49.320]  it up later?
[57:49.320 --> 57:52.600]  If you bring it up in second court?
[57:52.600 --> 57:56.720]  A preliminary hearing goes to subject matter jurisdiction.
[57:56.720 --> 58:04.240]  Subject matter jurisdiction can be raised at any time, no matter how remote in history.
[58:04.240 --> 58:15.600]  If the judge did not have subject matter jurisdiction, it never ever accrues, and it cannot be waived.
[58:15.600 --> 58:20.720]  The only way it's tacitly waived is if nobody brings it up.
[58:20.720 --> 58:21.720]  All right.
[58:21.720 --> 58:26.720]  In New York State, when you give a traffic citation, you get a ticket.
[58:26.720 --> 58:31.800]  You are summoned to court on a particular date, and at that time, you plead guilty or
[58:31.800 --> 58:32.800]  not guilty.
[58:32.800 --> 58:34.920]  Is that a preliminary hearing?
[58:34.920 --> 58:35.920]  No.
[58:35.920 --> 58:38.760]  Oh, so they violated.
[58:38.760 --> 58:41.720]  In New York State, they violated all the time.
[58:41.720 --> 58:43.200]  That's in Rainmuth.
[58:43.200 --> 58:45.200]  Oh, okay.
[58:45.200 --> 58:50.200]  So what do you do about it in New York State again?
[58:50.200 --> 58:54.360]  Would you like to make more indefinite progress in your walk with God?
[58:54.360 --> 58:59.560]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.560 --> 59:00.880]  can really help.
[59:00.880 --> 59:05.360]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.360 --> 59:06.360]  today.
[59:06.360 --> 59:10.240]  It's an accurate translation, and it contains thousands of footnotes that will help you
[59:10.240 --> 59:13.360]  to know God and to know the meaning of life.
[59:13.360 --> 59:18.600]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.600 --> 59:22.880]  Chapter by Chapter, Basic Elements of the Christian Life, clearly presents God's plan
[59:22.880 --> 59:27.840]  of salvation, growing in Christ, and how to build up the church.
[59:27.840 --> 59:32.840]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.840 --> 59:45.600]  Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102, or visit
[59:45.600 --> 59:52.600]  us online at bfa.org.
[59:52.600 --> 01:00:00.600]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
[01:00:00.600 --> 01:00:05.840]  To follow in these flashes brought to you by The Low Star Lowdown, providing the Delhi
[01:00:05.840 --> 01:00:13.360]  Fullerton's for the commodity market, Today's History, News Updates, and the Inside Scoop
[01:00:13.360 --> 01:00:21.240]  into the Tides of the Alternative.
[01:00:21.240 --> 01:00:27.600]  Markets for Wednesday, 6th of February, 2019, open with gold at $1,313.70 an ounce, silver
[01:00:27.600 --> 01:00:36.600]  $15.77 an ounce, copper $2.83 an ounce, oil, Texas crude $3.66 a barrel, brand crude $61.98
[01:00:36.600 --> 01:00:43.600]  a barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64, Ripple
[01:00:43.600 --> 01:00:54.200]  XRP $0.29, Ethereum $103.10, and Eos is at $2.32 a crypto coin.
[01:00:54.200 --> 01:00:59.600]  Today's History, the year 1918, British women over the age of 30 who meet minimum property
[01:00:59.600 --> 01:01:04.560]  qualifications get the right to vote when the Representation of the People Act of 1918
[01:01:04.560 --> 01:01:06.040]  was passed by Parliament.
[01:01:06.040 --> 01:01:13.600]  Today's History, in recent news, several Texas-based organizations filed a lawsuit today requesting
[01:01:13.600 --> 01:01:18.440]  that a federal court stop the state from flagging about 95,000 people as potentially illegally
[01:01:18.440 --> 01:01:19.800]  registered to vote.
[01:01:19.800 --> 01:01:24.600]  The list was compiled after an 11-month-long investigation by the Office of the Texas Secretary
[01:01:24.600 --> 01:01:29.400]  of State and the Texas Department of Public Safety, which sought to identify non-U.S.
[01:01:29.400 --> 01:01:33.320]  citizens who were registered to vote when obtaining major arbitrage license.
[01:01:33.320 --> 01:01:37.040]  Over half of the 95,000 did indeed vote, it seems.
[01:01:37.040 --> 01:01:41.040]  However, further controversy was raised when it became clear that some of the names were
[01:01:41.040 --> 01:01:45.240]  not in fact belonging to those who were non-citizens and registered.
[01:01:45.240 --> 01:01:50.840]  Apparently, around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:01:50.840 --> 01:01:55.200]  Registered voters who receive letters querying their citizenship have 30 days to respond
[01:01:55.200 --> 01:01:57.000]  with proof of eligibility.
[01:01:57.000 --> 01:02:01.200]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have
[01:02:01.200 --> 01:02:08.920]  yet to officially comment regarding this list and any updates pertaining to it.
[01:02:08.920 --> 01:02:13.640]  A Texas man of only 24 years old, William Brown, died from a severed artery in his
[01:02:13.640 --> 01:02:16.880]  neck after a vape pen exploded while he was using it.
[01:02:16.880 --> 01:02:20.600]  It apparently happened in the parking lot of the vape shop where he got it.
[01:02:20.600 --> 01:02:24.200]  An X-ray revealed that a piece of metal was embedded in his brainstem.
[01:02:24.200 --> 01:02:30.360]  The vape store, Smoke and Vape DZ, has refused to comment.
[01:02:30.360 --> 01:02:35.200]  First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director of
[01:02:35.200 --> 01:02:40.120]  Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association
[01:02:40.120 --> 01:02:44.600]  conference, which will be taking place at the Corpus Christi Omni Hotel from February
[01:02:44.600 --> 01:02:47.400]  14th to 16th, 6 to 9 p.m.
[01:02:47.400 --> 01:02:50.800]  You can find the interview at kiiitv.com.
[01:02:50.800 --> 01:03:20.720]  This is Rick Rody with your lowdown for February 6th, 2019.
[01:03:20.720 --> 01:03:21.720]  Okay.
[01:03:21.720 --> 01:03:22.720]  We are back.
[01:03:22.720 --> 01:03:23.720]  Randy Kelton, Wheel of the Radio.
[01:03:23.720 --> 01:03:26.280]  We're talking to John in New York.
[01:03:26.280 --> 01:03:31.920]  John, I don't believe you pushed me right off the cliff.
[01:03:31.920 --> 01:03:37.920]  I spent half the break in freefall.
[01:03:37.920 --> 01:03:39.920]  I admit it.
[01:03:39.920 --> 01:03:40.920]  Okay.
[01:03:40.920 --> 01:03:41.920]  Where were we?
[01:03:41.920 --> 01:03:42.920]  Okay.
[01:03:42.920 --> 01:03:50.560]  So, in other words, in New York state, you have a right, okay.
[01:03:50.560 --> 01:03:56.520]  We were talking about, oh, how can you charge the cop with anything and what can you charge
[01:03:56.520 --> 01:04:01.120]  the judge with for that a failure of due process, isn't it?
[01:04:01.120 --> 01:04:02.840]  They did not do...
[01:04:02.840 --> 01:04:03.840]  Official misconduct.
[01:04:03.840 --> 01:04:06.840]  Oh, not due process.
[01:04:06.840 --> 01:04:12.080]  Oh, and that'll be so much fun when you start charging the judges criminally.
[01:04:12.080 --> 01:04:16.440]  Oh, will they ever get unhappy?
[01:04:16.440 --> 01:04:18.160]  No preliminary hearing.
[01:04:18.160 --> 01:04:22.120]  The attorney told me there's no such thing as a preliminary hearing in New York, but
[01:04:22.120 --> 01:04:23.760]  that's false.
[01:04:23.760 --> 01:04:24.760]  That is false.
[01:04:24.760 --> 01:04:36.200]  Gerstein Pew, go to yoursemprudence.website and go through that pavious.
[01:04:36.200 --> 01:04:44.200]  It's written in Texas law, but the primary case law is all federal.
[01:04:44.200 --> 01:04:51.440]  Gerstein Pew, the city of Riverside v. McLaughlin, it's been a long time since I read it, but
[01:04:51.440 --> 01:04:55.800]  there's two or three more and they're all federal.
[01:04:55.800 --> 01:04:57.800]  This is a due process requirement.
[01:04:57.800 --> 01:05:06.000]  They're going to say you don't have a right to one and that's a dodge because it's irrelevant
[01:05:06.000 --> 01:05:08.960]  whether you have a right to it or not.
[01:05:08.960 --> 01:05:15.000]  They have a statutory duty to do it and if they don't do it, then they've denied you
[01:05:15.000 --> 01:05:20.200]  due process and due process is something you have a right to.
[01:05:20.200 --> 01:05:24.080]  Okay, so they violated your right.
[01:05:24.080 --> 01:05:25.280]  Is there case law?
[01:05:25.280 --> 01:05:30.520]  Were you telling me just now that there's case law that's supported federal case law?
[01:05:30.520 --> 01:05:33.760]  Gerstein Pew, go to that pavious.
[01:05:33.760 --> 01:05:34.760]  It's all in there.
[01:05:34.760 --> 01:05:36.760]  Okay, say it again.
[01:05:36.760 --> 01:05:37.760]  Gerstein?
[01:05:37.760 --> 01:05:38.760]  Gerstein.
[01:05:38.760 --> 01:05:47.360]  It's G-U-R-S-S-T-I-N, I'm sorry, G-U-R-S-H-S-T-E-I-N, P-U-G-H.
[01:05:47.360 --> 01:05:52.160]  Okay, G-U-S-T-I-N, don't go there.
[01:05:52.160 --> 01:05:58.840]  Just go to jurismprudence.website, click on top frog on the left and it'll take you
[01:05:58.840 --> 01:05:59.840]  right to it.
[01:05:59.840 --> 01:06:02.840]  It has all the primary quotations out of its whole thing.
[01:06:02.840 --> 01:06:04.520]  So what do I look for?
[01:06:04.520 --> 01:06:06.520]  What's the heading?
[01:06:06.520 --> 01:06:08.880]  Gerstein Pew.
[01:06:08.880 --> 01:06:14.520]  Oh, and spell it again, just spell it one more time.
[01:06:14.520 --> 01:06:23.280]  G-E-R-S-H-S-T-I-E-N, just, or P-U-G-H, just do a, open this document, do a search for
[01:06:23.280 --> 01:06:25.920]  P-U-G-H, it'll take you right to it.
[01:06:25.920 --> 01:06:27.080]  Okay, got ya.
[01:06:27.080 --> 01:06:32.920]  Okay, then yes or no answer on this one.
[01:06:32.920 --> 01:06:37.400]  Remember a couple of weeks ago when a woman called with a wrongful foreclosure, I can't
[01:06:37.400 --> 01:06:44.760]  remember her name, I think it was Carla something, oh, Carla Walters, that's it, she has the
[01:06:44.760 --> 01:06:50.280]  mortgage paper that proves that the note was paid in full from the bank and she was
[01:06:50.280 --> 01:06:54.840]  wrongly evicted if I remember her saying that right on the air with you.
[01:06:54.840 --> 01:07:01.960]  Okay, and we did not, we weren't able to get to all of that.
[01:07:01.960 --> 01:07:13.280]  Getting a paper to saying that the mortgage was paid in full is not necessarily vindication
[01:07:13.280 --> 01:07:23.440]  because if the lender sold the mortgage to someone else, then the proper procedure is
[01:07:23.440 --> 01:07:35.840]  for the purchaser to pay off the original lender and the original lender will give the
[01:07:35.840 --> 01:07:40.160]  purchaser a release of claim.
[01:07:40.160 --> 01:07:46.040]  So there will be a notice in there that the original lender was paid in full.
[01:07:46.040 --> 01:07:52.640]  But that doesn't say that the original lender was paid in full by the borrower.
[01:07:52.640 --> 01:08:01.120]  It nearly means that the original lender sold the indebtedness to a third party and I wasn't
[01:08:01.120 --> 01:08:04.480]  able to get to that on the air.
[01:08:04.480 --> 01:08:05.480]  That was the caveat.
[01:08:05.480 --> 01:08:13.360]  Okay, how about this, if she really does have all the paperwork to prove the bank's filings
[01:08:13.360 --> 01:08:20.440]  in the court were false and forged and if she does have the right paperwork, what can
[01:08:20.440 --> 01:08:26.440]  she do?
[01:08:26.440 --> 01:08:34.720]  I think a declaratory judgment would be the best methodology because anything else in
[01:08:34.720 --> 01:08:39.480]  a mortgage case, the judges are for the most part bought and paid for.
[01:08:39.480 --> 01:08:47.120]  If you file a suit on a mortgage issue, the other side is going to file a Rule 12B6 motion
[01:08:47.120 --> 01:08:53.880]  to dismiss the favorite state of claim and the judge is going to dismiss it out of hand.
[01:08:53.880 --> 01:08:55.120]  What would she do?
[01:08:55.120 --> 01:08:58.280]  What would that woman do, in your opinion, in filing?
[01:08:58.280 --> 01:09:05.200]  File a declaratory judgment because a declaratory judgment is not subject to 12B6.
[01:09:05.200 --> 01:09:08.320]  What is she going to do filing it?
[01:09:08.320 --> 01:09:09.840]  What is she going to file it on?
[01:09:09.840 --> 01:09:12.000]  What's the principle?
[01:09:12.000 --> 01:09:19.800]  You're asking me to give you details on a third party suit if she has paid off the mortgage
[01:09:19.800 --> 01:09:34.360]  or if the entity claiming standing to enforce the mortgage has issued a statement asserting
[01:09:34.360 --> 01:09:41.880]  that the mortgage was paid off in full, then you can challenge the standing of that party
[01:09:41.880 --> 01:09:47.440]  in a declaratory judgment suit.
[01:09:47.440 --> 01:09:56.720]  Ask the court to rule that here is the mortgage establishing the claim.
[01:09:56.720 --> 01:10:03.280]  Here is a document issued by the party releasing the claim.
[01:10:03.280 --> 01:10:12.600]  Therefore, this party cannot make this claim and ask the court to rule that.
[01:10:12.600 --> 01:10:15.440]  And that's the whole sum and substance of how she would do it?
[01:10:15.440 --> 01:10:16.440]  Yes.
[01:10:16.440 --> 01:10:21.840]  Now, once she gets to that ruling, that's resduticata.
[01:10:21.840 --> 01:10:31.680]  That can't be revisited, so now you go to the civil court and sue for wrongful foreclosure.
[01:10:31.680 --> 01:10:36.200]  The fact that they didn't have standing has already been determined by the court.
[01:10:36.200 --> 01:10:37.200]  Okay.
[01:10:37.200 --> 01:10:40.040]  Next, true or false?
[01:10:40.040 --> 01:10:43.080]  I read this about car insurance.
[01:10:43.080 --> 01:10:44.080]  True or false?
[01:10:44.080 --> 01:10:50.560]  We'll say that it costs your insurance, it costs you about $600 or $700 a year for your
[01:10:50.560 --> 01:10:51.560]  car insurance.
[01:10:51.560 --> 01:10:52.560]  That sound about right?
[01:10:52.560 --> 01:10:53.560]  Yes.
[01:10:53.560 --> 01:10:56.120]  If you just get liability, yes.
[01:10:56.120 --> 01:10:57.120]  Okay.
[01:10:57.120 --> 01:11:00.160]  It's my understanding, true or false.
[01:11:00.160 --> 01:11:07.120]  The state gets about two-thirds of that money and the insurance company only gets about one-third.
[01:11:07.120 --> 01:11:08.120]  Never heard that.
[01:11:08.120 --> 01:11:10.680]  Don't know anything about that.
[01:11:10.680 --> 01:11:17.600]  And that's the reason why car insurance is mandatory, the real reason, according to what
[01:11:17.600 --> 01:11:19.600]  I heard.
[01:11:19.600 --> 01:11:22.280]  I've never heard that.
[01:11:22.280 --> 01:11:23.280]  Okay.
[01:11:23.280 --> 01:11:31.960]  I've never heard that the insurance companies have to remit anything to the state.
[01:11:31.960 --> 01:11:36.600]  That is, that's private contract.
[01:11:36.600 --> 01:11:40.280]  Well, it's my understanding that there's monkey shines.
[01:11:40.280 --> 01:11:43.360]  Now, I didn't have time to research it.
[01:11:43.360 --> 01:11:46.000]  I just read that and I was wondering about it.
[01:11:46.000 --> 01:11:47.000]  Okay.
[01:11:47.000 --> 01:11:49.800]  And here's my last question.
[01:11:49.800 --> 01:11:56.920]  A public transit bus driver is exceedingly abusive, especially to poor senior citizens.
[01:11:56.920 --> 01:12:01.720]  And I mean, this is really out of control.
[01:12:01.720 --> 01:12:04.960]  How can I find out who ensures the public transit?
[01:12:04.960 --> 01:12:09.880]  Because the bus driver, in my estimation, is unsafe and needs to be reported to the insurance
[01:12:09.880 --> 01:12:10.880]  carrier.
[01:12:10.880 --> 01:12:14.720]  Whether he's unsafe or not, that's older abuse.
[01:12:14.720 --> 01:12:16.880]  We have statutes forbidding that.
[01:12:16.880 --> 01:12:17.880]  Okay.
[01:12:17.880 --> 01:12:19.720]  Tell me about that.
[01:12:19.720 --> 01:12:24.200]  Well, just look up, we have a federal statute for elder abuse.
[01:12:24.200 --> 01:12:30.080]  If anybody does anything improper to me, I'm over 65.
[01:12:30.080 --> 01:12:35.840]  I can claim elder abuse and it enhances the accusation.
[01:12:35.840 --> 01:12:41.680]  You have a bus driver here who is abusive to elders and the elders, because they're elders,
[01:12:41.680 --> 01:12:43.160]  can't protect themselves.
[01:12:43.160 --> 01:12:50.520]  That's why the law was passed that it enhances the severity of whatever the guy's doing.
[01:12:50.520 --> 01:12:57.880]  If he's committing assault, simple assault, then the simple assault gets enhanced.
[01:12:57.880 --> 01:12:58.880]  All right.
[01:12:58.880 --> 01:13:02.960]  Now, abusive or threatening language, that's simple assault.
[01:13:02.960 --> 01:13:03.960]  Okay.
[01:13:03.960 --> 01:13:04.960]  No, it's not.
[01:13:04.960 --> 01:13:07.080]  It's not physical assault.
[01:13:07.080 --> 01:13:08.080]  For example.
[01:13:08.080 --> 01:13:10.720]  It doesn't have to be.
[01:13:10.720 --> 01:13:13.320]  abusive or threatening language.
[01:13:13.320 --> 01:13:14.480]  Okay.
[01:13:14.480 --> 01:13:19.200]  She yells at the elders when they get on the bus because they're taking too long, coming
[01:13:19.200 --> 01:13:23.760]  up the steps, or they're on the wrong side of the street and they take too long to get
[01:13:23.760 --> 01:13:32.720]  to the bus, or they have a walker, oh, here comes another bad guy, a walker, and she is
[01:13:32.720 --> 01:13:33.720]  abusive.
[01:13:33.720 --> 01:13:35.720]  That's a simple assault.
[01:13:35.720 --> 01:13:36.720]  Okay.
[01:13:36.720 --> 01:13:37.720]  That's a crime.
[01:13:37.720 --> 01:13:39.960]  That's a crime in every state.
[01:13:39.960 --> 01:13:40.960]  Okay.
[01:13:40.960 --> 01:13:44.000]  So even verbal assault is simple assault.
[01:13:44.000 --> 01:13:45.800]  Absolutely.
[01:13:45.800 --> 01:13:56.160]  And being with the elder abuse enhancement, dental interjob, so go to the bus company
[01:13:56.160 --> 01:13:57.160]  first.
[01:13:57.160 --> 01:13:58.160]  Right.
[01:13:58.160 --> 01:14:02.480]  And file a notice of tort with the bus company.
[01:14:02.480 --> 01:14:03.480]  Okay.
[01:14:03.480 --> 01:14:04.480]  A notice of tort.
[01:14:04.480 --> 01:14:08.120]  Is that a plain piece of paper with my complaint on it?
[01:14:08.120 --> 01:14:10.240]  Yeah, a notice of tort.
[01:14:10.240 --> 01:14:18.000]  The courts ask that you not use the court as the remedy of first resort.
[01:14:18.000 --> 01:14:25.280]  They ask you to exert administrative remedies first.
[01:14:25.280 --> 01:14:32.080]  And the primary remedy, the only one they require is notice and opportunity under the
[01:14:32.080 --> 01:14:34.840]  commercial code.
[01:14:34.840 --> 01:14:38.400]  Notice of harm and opportunity to cure.
[01:14:38.400 --> 01:14:45.320]  So you send a notice of harm to the whoever the chairman of the board of the bus company
[01:14:45.320 --> 01:14:54.920]  is, or, better idea, call down to the bus company and tell them that you're working
[01:14:54.920 --> 01:15:03.000]  with your granddaughter and she's doing a paper for school on high level officials.
[01:15:03.000 --> 01:15:09.240]  And if you want to talk, if you want to get in touch with whoever runs the bus company
[01:15:09.240 --> 01:15:17.120]  and you want to interview them for this paper she's writing for school, oh, sure.
[01:15:17.120 --> 01:15:18.120]  No problem.
[01:15:18.120 --> 01:15:24.280]  They'll give you the, that executive secretary and you get that executive secretary and crawl
[01:15:24.280 --> 01:15:25.720]  down her throat.
[01:15:25.720 --> 01:15:32.480]  You want to know what that guy's doing, sending his drivers out here to be abusive to the
[01:15:32.480 --> 01:15:35.400]  elderly.
[01:15:35.400 --> 01:15:43.560]  And now, the president of a company, he is restricted by politics.
[01:15:43.560 --> 01:15:48.120]  He needs to be careful how he handles himself.
[01:15:48.120 --> 01:15:50.920]  He needs to be diplomatic.
[01:15:50.920 --> 01:15:53.520]  His secretary does not.
[01:15:53.520 --> 01:16:01.840]  Generally, the president or the chairman's secretary is probably the most powerful person
[01:16:01.840 --> 01:16:07.720]  in the company because he can chew anybody out with impunity.
[01:16:07.720 --> 01:16:17.520]  So you get her and chew her out, she's going to go to the boss and feel his earful and
[01:16:17.520 --> 01:16:25.400]  good chance that driver will wind up sweeping out the barn, the bus garage and not getting
[01:16:25.400 --> 01:16:28.520]  in front of people.
[01:16:28.520 --> 01:16:34.960]  As a rule, upper management doesn't know what's going on on the bottom.
[01:16:34.960 --> 01:16:39.800]  And lower management is not going to tell upper management that I didn't do a good job
[01:16:39.800 --> 01:16:43.000]  managing my people, so upper management never hears about it.
[01:16:43.000 --> 01:16:46.080]  A few time, okay, we're about to go to break.
[01:16:46.080 --> 01:16:54.360]  I got a great story about this when we come back about the chairman of the board of Centel.
[01:16:54.360 --> 01:17:00.360]  And to help move our radio, we'll be right back.
[01:17:00.360 --> 01:17:05.640]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[01:17:05.640 --> 01:17:09.320]  Stop debt collectors now with the Michael Meyers proven method.
[01:17:09.320 --> 01:17:13.480]  Michael Meyers has won six cases in federal court against debt collectors and now you
[01:17:13.480 --> 01:17:14.480]  can win two.
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[01:17:19.320 --> 01:17:20.960]  civil rights statute.
[01:17:20.960 --> 01:17:25.920]  What to do when contacted by phone, mail or court summons, how to answer letters and phone
[01:17:25.920 --> 01:17:30.120]  calls, how to get debt collectors out of your credit report, how to turn the financial
[01:17:30.120 --> 01:17:33.880]  tables on them and make them pay you to go away.
[01:17:33.880 --> 01:17:39.000]  The Michael Meyers proven method is the solution for how to stop debt collectors.
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[01:17:40.960 --> 01:17:46.680]  For more information, please visit ruleoflawradio.com and click on the blue Michael Meyers banner
[01:17:46.680 --> 01:17:49.680]  or email Michael Meyers at yahoo.com.
[01:17:49.680 --> 01:17:57.400]  It's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
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[01:19:13.480 --> 01:19:33.600]  Okay, we are back.
[01:19:33.600 --> 01:19:42.640]  Randy Kelton, Rural Ball Radio on this Friday, the fifth day of April, 2019, and we're talking
[01:19:42.640 --> 01:19:45.120]  to John in New York.
[01:19:45.120 --> 01:19:46.760]  John got a great story.
[01:19:46.760 --> 01:19:50.160]  A friend of mine moved to Texas from Colorado.
[01:19:50.160 --> 01:19:53.160]  This was a number of years ago.
[01:19:53.160 --> 01:19:57.040]  Out in the country where he moved to, they still had party lines.
[01:19:57.040 --> 01:20:02.040]  It was way past the time that those should have been gone.
[01:20:02.040 --> 01:20:06.920]  In order to, he had a business, so he wanted a private line, so he had to put in 200 feet
[01:20:06.920 --> 01:20:09.400]  of underground cable before they had hooked it up.
[01:20:09.400 --> 01:20:12.960]  When they hooked it up, they hooked him up to a six-party line.
[01:20:12.960 --> 01:20:15.080]  He was furious.
[01:20:15.080 --> 01:20:23.880]  So, I happen to know that the headquarters for Sintel Telephone was not in Colleen like
[01:20:23.880 --> 01:20:30.120]  they told everybody, but he's actually in Chicago, so I called Chicago and pulled the
[01:20:30.120 --> 01:20:37.320]  high school routine on him to ask to get the number for the president of the company.
[01:20:37.320 --> 01:20:42.040]  Then they gave me the number, and I hung up, and I called back and asked for the president
[01:20:42.040 --> 01:20:51.400]  by name and got his secretary, and when I asked for him by name, I did it really gruff.
[01:20:51.400 --> 01:20:52.640]  And she said, well, he's not in.
[01:20:52.640 --> 01:20:54.320]  I said, well, who is he?
[01:20:54.320 --> 01:20:55.640]  I said, who else is he?
[01:20:55.640 --> 01:20:57.120]  And so, well, Mr. Rice is in.
[01:20:57.120 --> 01:20:58.360]  Well, who is he?
[01:20:58.360 --> 01:21:01.360]  Well, he's the chairman of the board.
[01:21:01.360 --> 01:21:04.160]  Oh, he'll do.
[01:21:04.160 --> 01:21:08.880]  And I turned to Mark, and I said, Mark, this guy's name's Rice.
[01:21:08.880 --> 01:21:09.880]  He's in Chicago.
[01:21:09.880 --> 01:21:10.880]  He can help you.
[01:21:10.880 --> 01:21:13.120]  And Mark is furious.
[01:21:13.120 --> 01:21:19.840]  He grabbed the phone out of my hand, how, Rice, said, look, I paid you guys for a private
[01:21:19.840 --> 01:21:22.960]  line, and you put me on a six-party line.
[01:21:22.960 --> 01:21:27.320]  I'm going to have my private line if I have to come up to Chicago and kick your behind
[01:21:27.320 --> 01:21:28.320]  a catch.
[01:21:28.320 --> 01:21:30.320]  He slammed the phone down.
[01:21:30.320 --> 01:21:35.600]  That's it, it's hard, Mark, do you know who that was?
[01:21:35.600 --> 01:21:38.160]  Well, it was a Rice guy.
[01:21:38.160 --> 01:21:44.440]  He was the chairman of the board, and Mark said, ooh, I'll never get a phone now.
[01:21:44.440 --> 01:21:51.840]  30 minutes later, he got a call from a Mr. Whitney, executive vice president of that
[01:21:51.840 --> 01:21:54.640]  five-state area.
[01:21:54.640 --> 01:22:02.200]  Mr. Masaral, about your private line, will tomorrow noon be soon enough?
[01:22:02.200 --> 01:22:07.360]  I came out that the next day, and I bet they had 200 guys out there.
[01:22:07.360 --> 01:22:11.520]  They had backhoes, ditch witches, up poles.
[01:22:11.520 --> 01:22:14.240]  It looked like an army out there.
[01:22:14.240 --> 01:22:21.840]  Two years later, I saw the head maintenance guy, Dick Stone, and we'd had a tornado, and
[01:22:21.840 --> 01:22:25.280]  they had people come in from other areas to help them.
[01:22:25.280 --> 01:22:29.360]  I walked out of my house, and he called me over and said, I got this guy down here from
[01:22:29.360 --> 01:22:30.360]  Jacksonboro.
[01:22:30.360 --> 01:22:31.360]  That's about 60 miles away.
[01:22:31.360 --> 01:22:33.480]  He said, I want to introduce you to him.
[01:22:33.480 --> 01:22:37.480]  He calls the guy over, and he said, hey, you know who this guy is?
[01:22:37.480 --> 01:22:39.920]  The guy said, no, I don't know who that is.
[01:22:39.920 --> 01:22:43.200]  This is the guy that called the chairman of the board.
[01:22:43.200 --> 01:22:50.640]  Two years later, and this other guy said, ooh, he backed away.
[01:22:50.640 --> 01:22:57.760]  They had the top level of companies never know what's going on on the bottom.
[01:22:57.760 --> 01:23:02.200]  Low-level management never tells high-level management when low-level management screws
[01:23:02.200 --> 01:23:04.960]  up.
[01:23:04.960 --> 01:23:09.200]  You're not in that company, so you don't care about management.
[01:23:09.200 --> 01:23:15.040]  You owe it to the guy running the company to let him know what's happening.
[01:23:15.040 --> 01:23:23.040]  It gives him opportunity to shake up management and make sure they keep things running straight.
[01:23:23.040 --> 01:23:28.640]  It's what we owe to other people who get out there and get things done and make things
[01:23:28.640 --> 01:23:29.640]  happen.
[01:23:29.640 --> 01:23:33.320]  We owe it to them to give them good information.
[01:23:33.320 --> 01:23:35.600]  So call headquarters.
[01:23:35.600 --> 01:23:41.920]  Con them to find out who the head guy is, and then call his office directly.
[01:23:41.920 --> 01:23:49.480]  Chew out his secretary, don't chew him out, chew out his secretary.
[01:23:49.480 --> 01:23:55.440]  What happens if the bus driver, number one, has been with the company for years, and the
[01:23:55.440 --> 01:23:58.840]  complaints have been coming thick and fast for years.
[01:23:58.840 --> 01:24:04.440]  The bus drivers, whenever you mention her name, they roll their eyes, and they laugh,
[01:24:04.440 --> 01:24:10.920]  and they say, oh yeah, her, and the customers all know, and this has been going on for a
[01:24:10.920 --> 01:24:11.920]  long time.
[01:24:11.920 --> 01:24:16.280]  The one that doesn't know is the company president.
[01:24:16.280 --> 01:24:21.520]  I assure you, upper level management is not going to be your understanding.
[01:24:21.520 --> 01:24:28.600]  Well, they give her all kinds of prizes every year and awards, and she is black, and they're
[01:24:28.600 --> 01:24:35.040]  scared to disappear, I am sure, because she's a troublemaker, and she's black, and she will
[01:24:35.040 --> 01:24:36.040]  make troubles.
[01:24:36.040 --> 01:24:41.080]  Okay, what you're saying is, oh, it won't do any good to do anything, because they're
[01:24:41.080 --> 01:24:46.280]  just, no, go to, no, no, no, no, I'm just telling you why she's still with the company,
[01:24:46.280 --> 01:24:47.840]  and what do I want to do?
[01:24:47.840 --> 01:24:54.080]  That's because low level management is afraid of her, and president is not afraid of her.
[01:24:54.080 --> 01:24:56.640]  President's afraid of you.
[01:24:56.640 --> 01:25:02.520]  President's afraid of you going to the mayor, and getting the mayor to call him and say,
[01:25:02.520 --> 01:25:07.240]  what is going on here, you've got a bus driver out here abusing my voters.
[01:25:07.240 --> 01:25:09.760]  Okay, that's what I plan to do.
[01:25:09.760 --> 01:25:14.880]  I have a long list of companies and agencies that I want to send the same letter that I
[01:25:14.880 --> 01:25:21.480]  send to the CEO of the bus corporation, and for example, Office for the Aging, Office
[01:25:21.480 --> 01:25:27.680]  for Disabilities, AARP, I want to send letters to the mayor.
[01:25:27.680 --> 01:25:29.200]  Those guys aren't going to have time.
[01:25:29.200 --> 01:25:36.680]  The way to fix this is go to corporate in the bus company, go to those guys and crawl
[01:25:36.680 --> 01:25:40.040]  down their throats.
[01:25:40.040 --> 01:25:43.520]  It rolls downhill always.
[01:25:43.520 --> 01:25:49.600]  When the bus gets chewed out, everybody gets chewed out, and the further up it starts,
[01:25:49.600 --> 01:25:51.560]  the uglier it gets at the bottom.
[01:25:51.560 --> 01:25:56.760]  All right, shall I send an email to the company president or CEO?
[01:25:56.760 --> 01:26:06.080]  I wrote the letter in a call down there and read them the riot act, and then follow up
[01:26:06.080 --> 01:26:07.080]  with an email.
[01:26:07.080 --> 01:26:11.360]  But first, you want to get the president's secretary.
[01:26:11.360 --> 01:26:12.360]  Okay, gotcha.
[01:26:12.360 --> 01:26:13.360]  Ask for her.
[01:26:13.360 --> 01:26:14.360]  Don't ask for the president.
[01:26:14.360 --> 01:26:15.360]  Ask for the president's secretary.
[01:26:15.360 --> 01:26:20.360]  I think they're going to give me her, but I'm going to try.
[01:26:20.360 --> 01:26:22.000]  I'm going to try to get her.
[01:26:22.000 --> 01:26:23.000]  You can generally get their secretaries.
[01:26:23.000 --> 01:26:24.000]  That's pretty easy.
[01:26:24.000 --> 01:26:25.000]  Okay, good.
[01:26:25.000 --> 01:26:31.160]  For them, they're hard to get, but the secretary's not.
[01:26:31.160 --> 01:26:32.160]  Okay.
[01:26:32.160 --> 01:26:35.000]  And have fun with it.
[01:26:35.000 --> 01:26:40.480]  Okay, and I'll tell you exactly how it turns out.
[01:26:40.480 --> 01:26:43.960]  I think you'll be surprised.
[01:26:43.960 --> 01:26:50.880]  Guys who run companies like this, they need good information, and we owe it to them to
[01:26:50.880 --> 01:26:51.880]  give them good information.
[01:26:51.880 --> 01:26:59.360]  I've always run my own business, and nobody ever tells me when my guys are screwing up.
[01:26:59.360 --> 01:27:02.520]  Okay, but I did notice one thing.
[01:27:02.520 --> 01:27:05.520]  This bus corporation, I think is shady.
[01:27:05.520 --> 01:27:08.080]  I think they've got skeletons in the closet.
[01:27:08.080 --> 01:27:10.880]  I think they do things dirty.
[01:27:10.880 --> 01:27:13.160]  That's even better.
[01:27:13.160 --> 01:27:16.360]  The dirtier they are, the more afraid they're going to be.
[01:27:16.360 --> 01:27:17.360]  Okay.
[01:27:17.360 --> 01:27:18.360]  Well, maybe.
[01:27:18.360 --> 01:27:19.360]  All right.
[01:27:19.360 --> 01:27:23.520]  Question, if you've got time, if you don't have time, we'll do it another time, but what
[01:27:23.520 --> 01:27:29.560]  is your best defense against driving without a license?
[01:27:29.560 --> 01:27:33.200]  Now, I just briefly have to say this.
[01:27:33.200 --> 01:27:36.240]  There's a man on the Internet, his name is Carl Miller.
[01:27:36.240 --> 01:27:37.720]  You've probably seen him.
[01:27:37.720 --> 01:27:40.240]  Yeah, I know about Carl Miller.
[01:27:40.240 --> 01:27:41.240]  Okay.
[01:27:41.240 --> 01:27:42.400]  Is he for real?
[01:27:42.400 --> 01:27:45.760]  Because he makes it sound awfully good what he's got.
[01:27:45.760 --> 01:27:47.640]  I don't know.
[01:27:47.640 --> 01:27:54.040]  Mr. Mess had referred me to Carl Miller, and I contacted him a time or two, and I got no
[01:27:54.040 --> 01:27:55.040]  response.
[01:27:55.040 --> 01:27:56.040]  Okay.
[01:27:56.040 --> 01:27:58.480]  I've got basically what he has said.
[01:27:58.480 --> 01:28:01.560]  Tell me, I'll do it very briefly.
[01:28:01.560 --> 01:28:08.240]  He says, when you have a ticket, you get a ticket for no license, I have the right to
[01:28:08.240 --> 01:28:14.680]  travel freely on encumbered according to the Supreme Court in Shapiro versus Thompson.
[01:28:14.680 --> 01:28:20.000]  Your state has erroneously and arbitrarily converted my right into a privilege and issued
[01:28:20.000 --> 01:28:23.200]  a license or a license plate and charged a fee.
[01:28:23.200 --> 01:28:28.480]  Murdoch versus Pennsylvania says, no state may convert a secured liberty into a privilege
[01:28:28.480 --> 01:28:33.240]  and issue a license or license plate and charge a fee for it, and if they do so, shuttle
[01:28:33.240 --> 01:28:38.080]  towards versus Birmingham, Alabama says, I can ignore that license and engage in the
[01:28:38.080 --> 01:28:43.320]  right with impunity, and that means you can't punish me, since I have relied on the decisions
[01:28:43.320 --> 01:28:49.280]  of the U.S. Supreme Court and on constitutional defenses, I have a perfect defense for willfulness,
[01:28:49.280 --> 01:28:53.640]  I am immune to the prosecution, prosecute, and if this is short.
[01:28:53.640 --> 01:28:57.080]  Prosecution counsel does not have a cause of action for which relief can be granted.
[01:28:57.080 --> 01:29:01.640]  I motion for a dismissal with prejudice, for failure to state a cause of action for which
[01:29:01.640 --> 01:29:03.640]  relief can be granted.
[01:29:03.640 --> 01:29:12.920]  Objection, Your Honor, the defendant has a right to travel, but that does not mean that
[01:29:12.920 --> 01:29:18.040]  defendant has a right to travel in any manner which he chooses.
[01:29:18.040 --> 01:29:23.200]  I doubt that even defendant would object that he does not have a right to drive an M1 tank
[01:29:23.200 --> 01:29:27.160]  down our highways and destroy them.
[01:29:27.160 --> 01:29:35.480]  Defendant operates a heavy piece of equipment on our highways and thereby damages them.
[01:29:35.480 --> 01:29:43.080]  The defendant takes advantage of the taxes others have paid to maintain these roads,
[01:29:43.080 --> 01:29:50.880]  and he travels on these roads with a piece of equipment that, because of his weight,
[01:29:50.880 --> 01:29:54.560]  takes special roads to support it.
[01:29:54.560 --> 01:30:00.160]  So defendant wants to take advantage of the money other people have spent to produce.
[01:30:00.160 --> 01:30:05.600]  Hexachlorobenzene is a reproductive toxin you probably don't want to ingest.
[01:30:05.600 --> 01:30:09.440]  Unfortunately, you probably already have, and there's a good chance you did it today.
[01:30:09.440 --> 01:30:13.760]  I'm Dr. Katherine Albrecht, and I'll be right back with the toxic truth.
[01:30:13.760 --> 01:30:15.360]  Privacy is under attack.
[01:30:15.360 --> 01:30:18.960]  When you give up data about yourself, you'll never get it back again.
[01:30:18.960 --> 01:30:23.760]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:23.760 --> 01:30:25.200]  So protect your rights.
[01:30:25.200 --> 01:30:29.320]  Say no to surveillance and keep your information to yourself.
[01:30:29.320 --> 01:30:31.500]  It's worth hanging on to.
[01:30:31.500 --> 01:30:35.840]  This public service announcement is brought to you by StartPage.com, the private search
[01:30:35.840 --> 01:30:39.320]  engine alternative to Google, Yahoo, and Bing.
[01:30:39.320 --> 01:30:42.400]  Start over with StartPage.
[01:30:42.400 --> 01:30:45.240]  The pesticides we eat accumulate in our fat.
[01:30:45.240 --> 01:30:47.960]  Unfortunately, the same is true with dairy cows.
[01:30:47.960 --> 01:30:52.560]  The chemicals they eat wind up in their fat, and that flanks its way into our butter and
[01:30:52.560 --> 01:30:53.560]  cream.
[01:30:53.560 --> 01:30:58.120]  A recent report by the USDA found that more than 80% of the butter tested contained a
[01:30:58.120 --> 01:31:03.680]  known carcinogen, a pesticide called DDE, and when they tested cream samples, they found
[01:31:03.680 --> 01:31:06.680]  not only DDE, but that ghastly poison hexachlorobenzene.
[01:31:06.680 --> 01:31:11.320]  So if you know what's good for you, and now you do, on that shopping list right next to
[01:31:11.320 --> 01:31:16.080]  the organic fruits and veggies, you just might want to add organic butter and cream.
[01:31:16.080 --> 01:31:17.560]  I'm Dr. Katherine Albrecht.
[01:31:17.560 --> 01:31:30.560]  For more news and information, at KatherineAlbrecht.com.
[01:31:30.560 --> 01:31:35.960]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.960 --> 01:31:38.160]  The government says that fire brought it down.
[01:31:38.160 --> 01:31:43.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:47.000]  Over 6,000 of my fellow service members have given their lives to thousands of my fellow
[01:31:47.000 --> 01:31:48.440]  force responders who are dying.
[01:31:48.440 --> 01:31:52.240]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correctionalist,
[01:31:52.240 --> 01:31:57.000]  I'm an Air Force pilot, I'm a father who lost his son, we're Americans, and we deserve
[01:31:57.000 --> 01:31:58.000]  the truth.
[01:31:58.000 --> 01:32:02.000]  Go to RememberBuilding7.org today.
[01:32:02.000 --> 01:32:05.000]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[01:32:05.000 --> 01:32:08.520]  In today's America, we live in a us against them society, and if we the people are ever
[01:32:08.520 --> 01:32:12.280]  going to have a free society, then we're going to have to stand and defend our own rights.
[01:32:12.280 --> 01:32:15.680]  Among those rights are the right to travel freely from place to place, the right to
[01:32:15.680 --> 01:32:19.800]  act in our own private capacity, and most importantly, the right to due process of law.
[01:32:19.800 --> 01:32:23.760]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
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[01:32:59.680 --> 01:33:04.680]  You are listening to the Logos Radio Network.
[01:33:04.680 --> 01:33:31.320]  LogosRadioNetwork.com Okay, we are back, Randy Kelton, Rule of Law Radio, and I'm on
[01:33:31.320 --> 01:33:43.160]  roll here, John, that argument would be relevant if I were cited within a state by a federal
[01:33:43.160 --> 01:33:45.600]  officer.
[01:33:45.600 --> 01:33:52.880]  The federal right to travel only extends to the right to travel from one state to another
[01:33:52.880 --> 01:33:57.680]  state without tariff or interference.
[01:33:57.680 --> 01:34:03.280]  It does not extend to travel within the state.
[01:34:03.280 --> 01:34:07.320]  Travel within the state is strictly the purview of the state itself.
[01:34:07.320 --> 01:34:11.200]  Okay, what would I do in the state itself?
[01:34:11.200 --> 01:34:16.200]  Would there be case law that would reflect in the state itself in the same way that is
[01:34:16.200 --> 01:34:17.200]  reflecting federal?
[01:34:17.200 --> 01:34:18.200]  Oh, no.
[01:34:18.200 --> 01:34:21.360]  No, no, no, no, no.
[01:34:21.360 --> 01:34:28.280]  The states have, I'm in Tennessee right now and Tennessee has case law that says that
[01:34:28.280 --> 01:34:37.960]  the state has an inherent right and duty to ensure the safety of the public.
[01:34:37.960 --> 01:34:44.960]  For the limited purpose of ensuring competency in operating an automobile and knowledge of
[01:34:44.960 --> 01:34:54.600]  the traffic laws, the states may require a license for the limited purpose of ensuring
[01:34:54.600 --> 01:35:00.080]  safety and knowledge of the traffic laws.
[01:35:00.080 --> 01:35:08.800]  Not, but what that means is that you're not, because you have a license, does not necessarily
[01:35:08.800 --> 01:35:15.120]  give the state probable cost to believe that you're actually operating in commerce.
[01:35:15.120 --> 01:35:20.400]  Although, secondarily with that license you could, but that's not the reason for issuing
[01:35:20.400 --> 01:35:27.680]  the license and the requirement to secure one, like requiring a gun license so that
[01:35:27.680 --> 01:35:31.080]  you can show competency and knowledge on how to use the weapon.
[01:35:31.080 --> 01:35:32.080]  Okay.
[01:35:32.080 --> 01:35:33.080]  They can do that.
[01:35:33.080 --> 01:35:39.440]  Okay, if I understand that, then only when it applies from going from one state to the
[01:35:39.440 --> 01:35:43.080]  other can you do Murdoch versus Pennsylvania and all that.
[01:35:43.080 --> 01:35:44.080]  Exactly.
[01:35:44.080 --> 01:35:46.320]  And that's been addressed a number of times.
[01:35:46.320 --> 01:35:48.960]  These guys are ignoring that.
[01:35:48.960 --> 01:35:55.960]  They're trying to take interstate law and convert it to intrastate law and it doesn't
[01:35:55.960 --> 01:35:56.960]  work.
[01:35:56.960 --> 01:35:57.960]  Right.
[01:35:57.960 --> 01:36:04.520]  So, when it comes to traveling between two states, then what I said initially applies,
[01:36:04.520 --> 01:36:12.600]  but now if you want to get the sufficiency of the traffic ticket, you attack the fact
[01:36:12.600 --> 01:36:17.120]  that they did not address the element of commerce in that traffic ticket.
[01:36:17.120 --> 01:36:24.960]  So, in that it's an insufficient charging instrument because they do that.
[01:36:24.960 --> 01:36:25.960]  Yes.
[01:36:25.960 --> 01:36:30.480]  Okay, I addressed case law in Tennessee.
[01:36:30.480 --> 01:36:32.640]  It may be different.
[01:36:32.640 --> 01:36:39.360]  The case law may be somewhat different in New York, but you have to address state law
[01:36:39.360 --> 01:36:43.840]  if you're cited within a state by a state actor.
[01:36:43.840 --> 01:36:45.960]  The feds have nothing to do with it.
[01:36:45.960 --> 01:36:47.760]  Yes, I got it.
[01:36:47.760 --> 01:36:48.760]  I got it.
[01:36:48.760 --> 01:36:53.880]  So, in other words, in New York state, we would say that the ticket is insufficient
[01:36:53.880 --> 01:37:01.360]  on its face because they did not address the element of commerce.
[01:37:01.360 --> 01:37:07.080]  They did not establish whether or not I was in commerce or not in commerce.
[01:37:07.080 --> 01:37:14.280]  The citation did not demonstrate that I fall within the statutory scheme.
[01:37:14.280 --> 01:37:17.400]  And that would be commerce, transportation, right?
[01:37:17.400 --> 01:37:18.400]  Exactly.
[01:37:18.400 --> 01:37:19.400]  Is that a yes?
[01:37:19.400 --> 01:37:21.120]  Yes, that's a yes.
[01:37:21.120 --> 01:37:22.520]  Okay, great.
[01:37:22.520 --> 01:37:23.520]  Thank you very kindly.
[01:37:23.520 --> 01:37:25.440]  I really appreciate it.
[01:37:25.440 --> 01:37:26.440]  Thank you, John.
[01:37:26.440 --> 01:37:31.520]  Okay, now we're going to go to Shane in New York.
[01:37:31.520 --> 01:37:32.520]  Hello, Shane.
[01:37:32.520 --> 01:37:34.520]  What do you have for us today?
[01:37:34.520 --> 01:37:37.520]  I don't know, Annie.
[01:37:37.520 --> 01:37:44.240]  Dude, better than you, you sound horrible.
[01:37:44.240 --> 01:37:49.000]  Let me fix my phone.
[01:37:49.000 --> 01:37:51.920]  You have reported for the maximum time permitted.
[01:37:51.920 --> 01:37:54.880]  To reply, press 1.
[01:37:54.880 --> 01:38:00.560]  To erase and rerecord, press 3.
[01:38:00.560 --> 01:38:01.560]  Are you there, Shane?
[01:38:01.560 --> 01:38:05.160]  You seem to be having a phone issue.
[01:38:05.160 --> 01:38:08.800]  Shane is definitely having a phone issue.
[01:38:08.800 --> 01:38:10.280]  He just crashed.
[01:38:10.280 --> 01:38:13.280]  We still have Tina on the line.
[01:38:13.280 --> 01:38:17.960]  Tina, do you have another question for us or comment?
[01:38:17.960 --> 01:38:23.960]  Yes, I do, based on something that happened, you said tonight.
[01:38:23.960 --> 01:38:28.800]  One of the things I want to point out...
[01:38:28.800 --> 01:38:32.240]  Wait, I am having a hard time understanding.
[01:38:32.240 --> 01:38:33.240]  You sound muffled.
[01:38:33.240 --> 01:38:35.240]  Hold on one second, then.
[01:38:35.240 --> 01:38:37.240]  Hold on.
[01:38:37.240 --> 01:38:54.040]  Well, we just lost Tina, but we got Shane back.
[01:38:54.040 --> 01:38:56.520]  We're playing musical callers.
[01:38:56.520 --> 01:38:58.760]  Shane, are you there?
[01:38:58.760 --> 01:39:00.760]  Yes, I'm sorry about that, Randy.
[01:39:00.760 --> 01:39:06.440]  Actually, I hit the wrong button.
[01:39:06.440 --> 01:39:09.600]  I was trying to take the new button off because I didn't want to make any noises in the background.
[01:39:09.600 --> 01:39:11.240]  I was like, wait, I'll talk to you.
[01:39:11.240 --> 01:39:15.680]  Hit the wrong button and you saw what happened because I lost you.
[01:39:15.680 --> 01:39:21.400]  When you dropped, I went to Tina and apparently Tina hit the wrong button because she dropped.
[01:39:21.400 --> 01:39:22.400]  Okay.
[01:39:22.400 --> 01:39:24.720]  What do you have for us today?
[01:39:24.720 --> 01:39:25.720]  Okay.
[01:39:25.720 --> 01:39:30.520]  I mentioned to you, we had that stay-alisted regarding key bank here.
[01:39:30.520 --> 01:39:33.760]  I'm way over here in Buffalo.
[01:39:33.760 --> 01:39:37.360]  Key Bank actually is in charge of the entire town here.
[01:39:37.360 --> 01:39:39.680]  Key Bank Center where the Buffalo Savers play.
[01:39:39.680 --> 01:39:40.680]  Key Bank does.
[01:39:40.680 --> 01:39:41.680]  Key Bank does.
[01:39:41.680 --> 01:39:44.880]  So they're kind of like the boss here of the town.
[01:39:44.880 --> 01:39:50.280]  And they're a junior leanhold of regards to bankruptcy proceeding, which is totally unsecured.
[01:39:50.280 --> 01:39:55.760]  And they came in with a fraudulent BPO we talked about last week on Friday night.
[01:39:55.760 --> 01:39:59.800]  And they came in and stayed at the home, actually, it's my parents' home.
[01:39:59.800 --> 01:40:12.200]  I'm trying to help keep their claimants worth $176,000 and we got some bold BPO's that
[01:40:12.200 --> 01:40:17.600]  we did way back in 2004 and 2005 that was a summer between 305 and 350.
[01:40:17.600 --> 01:40:20.240]  So they cut the price great in half so they can sell it at auction.
[01:40:20.240 --> 01:40:23.680]  They're trying to do it quickly.
[01:40:23.680 --> 01:40:30.160]  But we are in the process of filing a motion for reconsideration and we got a date set
[01:40:30.160 --> 01:40:32.920]  with the judge for April the 22nd.
[01:40:32.920 --> 01:40:35.560]  So we already got that all set up.
[01:40:35.560 --> 01:40:38.160]  That will be filed on Monday.
[01:40:38.160 --> 01:40:45.480]  And we also have another court hearing Monday afternoon on the objection to their claim on
[01:40:45.480 --> 01:40:46.480]  top of that.
[01:40:46.480 --> 01:40:47.480]  Now...
[01:40:47.480 --> 01:40:53.960]  Did you file for sanctions against them for filing this fraudulent BPO?
[01:40:53.960 --> 01:40:58.880]  Well, the sanctions would be the adversary complaint that's going to be filed probably
[01:40:58.880 --> 01:40:59.880]  on Monday too.
[01:40:59.880 --> 01:41:01.600]  We've been working on that for several weeks.
[01:41:01.600 --> 01:41:05.760]  But yeah, that's what the adversary proceedings are about.
[01:41:05.760 --> 01:41:09.040]  We're going to file it lastly, but then they lifted the sentence and now we have something
[01:41:09.040 --> 01:41:10.760]  else to deal with.
[01:41:10.760 --> 01:41:15.280]  Did you bar grieve the lawyer for...
[01:41:15.280 --> 01:41:19.360]  You know what, so I'm glad you brought that up.
[01:41:19.360 --> 01:41:21.960]  That was one of my questions I was going to ask you.
[01:41:21.960 --> 01:41:25.920]  Is it premature to do it now or should we wait to see everything unfolds?
[01:41:25.920 --> 01:41:26.920]  No.
[01:41:26.920 --> 01:41:33.920]  If you have reason to believe that he filed a false pleading bar grieving, that gives
[01:41:33.920 --> 01:41:34.920]  him fair warning.
[01:41:34.920 --> 01:41:35.920]  You want to try that again?
[01:41:35.920 --> 01:41:37.800]  We'll see how that works for you.
[01:41:37.800 --> 01:41:38.800]  Okay.
[01:41:38.800 --> 01:41:43.360]  That's one of the questions I was going to ask you.
[01:41:43.360 --> 01:41:48.760]  So we did get a date set for April 22nd and here's my question.
[01:41:48.760 --> 01:41:55.880]  Since that will be filed on Monday, which is April the 8th, that will hopefully stop
[01:41:55.880 --> 01:42:00.800]  the sale of the property as that's pending in bankruptcy court, isn't that correct?
[01:42:00.800 --> 01:42:02.600]  I would think so, yes.
[01:42:02.600 --> 01:42:15.520]  Well, okay, it has been my experience that when, in some 700 federal lawsuits, we request
[01:42:15.520 --> 01:42:16.520]  a restraining order.
[01:42:16.520 --> 01:42:26.560]  We never get it, but in all of those lawsuits, we only had one lender move ahead with a foreclosure
[01:42:26.560 --> 01:42:37.160]  and that was an issue in Colorado where the foreclosing entity had bought this property
[01:42:37.160 --> 01:42:45.440]  in foreclosure, sold it to this guy, was foreclosing on him and this guy was about to go to prison
[01:42:45.440 --> 01:42:51.680]  for taking pictures of his girlfriend's daughter.
[01:42:51.680 --> 01:42:54.640]  So he knew this guy was going away.
[01:42:54.640 --> 01:42:59.560]  So he went ahead and foreclosed anyway, even though there was a court case.
[01:42:59.560 --> 01:43:00.920]  That was the only one.
[01:43:00.920 --> 01:43:03.400]  Everybody else stopped.
[01:43:03.400 --> 01:43:10.960]  So people are always asking me, if I do this, can I stop the bank from foreclosing and I
[01:43:10.960 --> 01:43:21.040]  tell them, no, but will you stop the bank from foreclosing almost certainly?
[01:43:21.040 --> 01:43:27.000]  They are not legally stopped, they are reasonably stopped.
[01:43:27.000 --> 01:43:33.960]  If they evict your mother while this case is still ongoing and somehow at the end of
[01:43:33.960 --> 01:43:43.600]  the day they lose, their loss increases logarithmically if they've thrown her out of that property.
[01:43:43.600 --> 01:43:51.280]  So almost always when there are actions going on, the bank does not proceed.
[01:43:51.280 --> 01:44:00.680]  Hang on, about to go to break Randy Kelton with our radio, we'll be right back.
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[01:46:22.240 --> 01:46:23.800]  Okay, we are back.
[01:46:23.800 --> 01:46:28.760]  Randy Kelton, LulavLaw Radio, and we're talking to Shane in New York.
[01:46:28.760 --> 01:46:31.200]  Okay, go ahead, Shane.
[01:46:31.200 --> 01:46:38.480]  Oh, I'm sorry, I was talking about what the banks will actually do, and almost never will
[01:46:38.480 --> 01:46:45.160]  they move ahead, as long as the case is in progress.
[01:46:45.160 --> 01:46:52.240]  But when somebody asked me, can you statutorily or legally stop them, no.
[01:46:52.240 --> 01:46:58.800]  Nothing is absolute, but in your case as long as you've been in court with them, it is very
[01:46:58.800 --> 01:47:01.200]  unlikely that they'll move ahead.
[01:47:01.200 --> 01:47:10.120]  We had a case in California where I filed, the first suit I filed was my who the heck
[01:47:10.120 --> 01:47:11.400]  are you suit.
[01:47:11.400 --> 01:47:16.840]  Don't know who you are, didn't enter into a contract with you, didn't enter into a contract
[01:47:16.840 --> 01:47:19.640]  with your alleged principal.
[01:47:19.640 --> 01:47:29.440]  Move up your position, six years later the California Supreme denied our cert.
[01:47:29.440 --> 01:47:40.200]  So I told him, okay, now we can go back and file against the bank to stop them from foreclosing
[01:47:40.200 --> 01:47:44.120]  because of statute of limitations.
[01:47:44.120 --> 01:47:49.200]  See there's an upside to not getting a restraining order.
[01:47:49.200 --> 01:47:55.880]  If you get a restraining order, the statute of limitations clock stops.
[01:47:55.880 --> 01:48:00.880]  If you don't get a restraining order, the clock keeps running.
[01:48:00.880 --> 01:48:07.680]  So they had four years to foreclose, but we ran the clock out for six years.
[01:48:07.680 --> 01:48:11.280]  Now yes, they were in litigation with us, but there was nothing that stopped them from
[01:48:11.280 --> 01:48:18.480]  going ahead and foreclosing, other than the risk of losing at the end and compounding the
[01:48:18.480 --> 01:48:19.480]  claim.
[01:48:19.480 --> 01:48:22.680]  But that's a risk they take.
[01:48:22.680 --> 01:48:27.600]  Does that make sense, Shane?
[01:48:27.600 --> 01:48:34.960]  Hmm, sounds like we lost Shane again.
[01:48:34.960 --> 01:48:37.320]  Okay, Shane, I can't hear you.
[01:48:37.320 --> 01:48:39.160]  You might be muted.
[01:48:39.160 --> 01:48:42.400]  If not, try calling back in.
[01:48:42.400 --> 01:48:49.440]  Okay, but this is foreclosures the courts have bought and paid for.
[01:48:49.440 --> 01:48:56.680]  And that's unfortunate, but in the world we live in, that's just the way it is.
[01:48:56.680 --> 01:49:01.440]  Okay, maybe they're not bought and paid for.
[01:49:01.440 --> 01:49:08.840]  But if you are in a foreclosure circumstance, you should conduct yourself as if they are.
[01:49:08.840 --> 01:49:16.120]  You should conduct yourself as if the courts will rule against you out of hand at every
[01:49:16.120 --> 01:49:24.960]  turn and develop a strategy to win based on those conditions.
[01:49:24.960 --> 01:49:28.800]  And there's a way to do that.
[01:49:28.800 --> 01:49:33.760]  When I say that everything's political, that's not necessarily a bad thing.
[01:49:33.760 --> 01:49:39.280]  It's only a bad thing if you don't understand that everything is political.
[01:49:39.280 --> 01:49:44.840]  For instance, in the case I mentioned earlier, he stayed in a house for six years that the
[01:49:44.840 --> 01:49:51.720]  rental on the place was between $3,000 and $3,500 a month.
[01:49:51.720 --> 01:49:56.520]  And he was in there for six years, paid nothing.
[01:49:56.520 --> 01:50:02.760]  Now, generally, when I help people foreclosure, what I tell them is the way you beat them
[01:50:02.760 --> 01:50:10.040]  is you stop the foreclosure, get them in court, and then every month you take at least half
[01:50:10.040 --> 01:50:15.600]  of what you would pay in a payment and put it in an account.
[01:50:15.600 --> 01:50:18.480]  Don't touch it.
[01:50:18.480 --> 01:50:24.920]  Then five or six years down the road, you know, once the first suit was played out in
[01:50:24.920 --> 01:50:31.600]  this guy's case, I wanted to come back with a second suit, a fraud suit against the bank
[01:50:31.600 --> 01:50:38.440]  with a really large number, and then ask the court to order mediation.
[01:50:38.440 --> 01:50:44.600]  Now you will have built up a large lump sum of money.
[01:50:44.600 --> 01:50:48.800]  In this case, he didn't need to do that because his parents passed away and he inherited a
[01:50:48.800 --> 01:50:51.160]  million dollars.
[01:50:51.160 --> 01:50:54.640]  So he had that large sum of money.
[01:50:54.640 --> 01:51:00.520]  He could have sued the bank and then went and asked the court to order mediation and
[01:51:00.520 --> 01:51:03.880]  then say, I got this lump of money here.
[01:51:03.880 --> 01:51:12.160]  I can use this money to keep you in court another five or six years or let's make a
[01:51:12.160 --> 01:51:13.160]  deal.
[01:51:13.160 --> 01:51:19.240]  As far as I can tell, that's the only way you can really win in the end.
[01:51:19.240 --> 01:51:22.040]  Trying to win it straight up is tough.
[01:51:22.040 --> 01:51:23.040]  Are you there, Shane?
[01:51:23.040 --> 01:51:24.040]  You know, I'm still here.
[01:51:24.040 --> 01:51:25.040]  I'm still here.
[01:51:25.040 --> 01:51:26.040]  Can you hear me?
[01:51:26.040 --> 01:51:27.040]  Yes, I can.
[01:51:27.040 --> 01:51:32.000]  Okay, this one last thing I want to tell you really quick is we're getting two brand
[01:51:32.000 --> 01:51:34.680]  new BPO's over the weekend.
[01:51:34.680 --> 01:51:35.680]  One already came back.
[01:51:35.680 --> 01:51:38.120]  Actually, I'm sorry, one more is getting done over the weekend.
[01:51:38.120 --> 01:51:40.560]  We're going to have two of them attached to the motion for reconsideration.
[01:51:40.560 --> 01:51:43.320]  You're not going to believe this.
[01:51:43.320 --> 01:51:47.600]  One of them came in at 305, another one a little bit higher than that one.
[01:51:47.600 --> 01:51:51.320]  So it boils away to 1A5, the 178.
[01:51:51.320 --> 01:51:54.640]  But the people that did it was hired by Key Bank.
[01:51:54.640 --> 01:51:59.920]  You get that realtor company and that agent that did it be liable because here a poor
[01:51:59.920 --> 01:52:04.040]  elderly couple, my parents, almost got kicked out of the house because of this.
[01:52:04.040 --> 01:52:08.800]  I'm speculating that the motion's going to be reversed and they're going to reinstate
[01:52:08.800 --> 01:52:09.800]  the stay.
[01:52:09.800 --> 01:52:18.840]  Two things, two things, file a complaint against that real estate agent with the real estate
[01:52:18.840 --> 01:52:19.840]  board.
[01:52:19.840 --> 01:52:29.920]  The real estate boards really beat these guys up and name the guy in the suit or send him
[01:52:29.920 --> 01:52:32.520]  a tort letter.
[01:52:32.520 --> 01:52:37.160]  It could be that he didn't actually do this.
[01:52:37.160 --> 01:52:38.320]  You don't know what he did.
[01:52:38.320 --> 01:52:45.840]  You just know what this lawyer said he did and this is a contentious lawsuit.
[01:52:45.840 --> 01:52:51.520]  A realtor would be out of his mind to do something unscrupulous like this and think
[01:52:51.520 --> 01:52:56.840]  that this is a suit that you're fighting.
[01:52:56.840 --> 01:53:04.040]  Ninety-something percent of all the foreclosures go on adjudicated, unresistive.
[01:53:04.040 --> 01:53:05.040]  People just move out.
[01:53:05.040 --> 01:53:11.680]  When somebody fights back, these guys said, if I was a real estate agent, I wouldn't touch
[01:53:11.680 --> 01:53:14.760]  that with a 10-foot pole.
[01:53:14.760 --> 01:53:20.040]  It may be that the real estate agent didn't do this.
[01:53:20.040 --> 01:53:26.920]  You might be able to get the real estate agent to throw the lawyer on the bus.
[01:53:26.920 --> 01:53:27.920]  They might not.
[01:53:27.920 --> 01:53:28.920]  Okay, I see what you're saying.
[01:53:28.920 --> 01:53:32.960]  Lastly, I want to tell you that another reason why they lifted the stay is because she didn't
[01:53:32.960 --> 01:53:37.360]  make any payments to Keybank while the bankruptcy case was going on, but there's been no order
[01:53:37.360 --> 01:53:39.160]  from the bankruptcy judge to make payments.
[01:53:39.160 --> 01:53:45.720]  We've been making the $500 payments for the last seven months since bankruptcy started.
[01:53:45.720 --> 01:53:50.640]  Meanwhile, Keybank, the unsecured loan junior lean holder, has been sending little notices
[01:53:50.640 --> 01:53:55.600]  of statements of like, pay these $400 every month, but there was no order from the bankruptcy
[01:53:55.600 --> 01:53:56.600]  court to pay that.
[01:53:56.600 --> 01:54:01.640]  Meanwhile, we're still making payments to the trustee, but there's been no court order,
[01:54:01.640 --> 01:54:06.680]  so he used that and he used their BPO to go ahead and lift the stay.
[01:54:06.680 --> 01:54:11.640]  Well, okay, he's raising those issues.
[01:54:11.640 --> 01:54:20.840]  When you're in bankruptcy, the presumption is you have a fixed amount of funding, and
[01:54:20.840 --> 01:54:26.920]  once you go into bankruptcy, you can't just do whatever you want to with that funding.
[01:54:26.920 --> 01:54:36.840]  It must be distributed to the claimants based on their claims, and the judge will make that
[01:54:36.840 --> 01:54:43.560]  determination, and you can file an opposition claiming that if the judge had ordered this,
[01:54:43.560 --> 01:54:46.280]  he would certainly have paid it.
[01:54:46.280 --> 01:54:47.280]  Exactly.
[01:54:47.280 --> 01:54:50.320]  So, that should be easy to overcome.
[01:54:50.320 --> 01:54:55.400]  The judge lawyer is just throwing everything in there that he can find, and for the most
[01:54:55.400 --> 01:55:02.360]  part, judges don't like that kind of garbage, but if he has misrepresented the value of
[01:55:02.360 --> 01:55:05.280]  the property, he could have himself a problem.
[01:55:05.280 --> 01:55:06.280]  Yes.
[01:55:06.280 --> 01:55:11.680]  And if he has, then you have a countersuit against the lawyer that has nothing to do
[01:55:11.680 --> 01:55:16.880]  with the foreclosure or with the property.
[01:55:16.880 --> 01:55:21.240]  You sue him for double the value of the property for fraud.
[01:55:21.240 --> 01:55:27.880]  Is Texas the same law as New York when it comes to who regulates mortgage companies?
[01:55:27.880 --> 01:55:29.880]  Do you know who regulates them?
[01:55:29.880 --> 01:55:38.400]  There's going to be a realtor board of some type.
[01:55:38.400 --> 01:55:44.440]  And I think one of the first, no, I'm thinking of North Carolina, but every realtor board
[01:55:44.440 --> 01:55:50.760]  I've ever heard of, the real estate agents are terrified of them because they really
[01:55:50.760 --> 01:55:52.520]  worked these guys over.
[01:55:52.520 --> 01:56:03.320]  So, if you filed against this realtor, assuming that he did, he filed this false BPO, then
[01:56:03.320 --> 01:56:07.000]  and he, if he didn't do it, he's going to go ballistic and he's going to throw that
[01:56:07.000 --> 01:56:11.160]  lawyer under the bus for you.
[01:56:11.160 --> 01:56:13.160]  Okay.
[01:56:13.160 --> 01:56:18.800]  And the lawyers are stupid.
[01:56:18.800 --> 01:56:22.440]  And they surprised me at how arrogant they get.
[01:56:22.440 --> 01:56:25.800]  I was just trying to hire someone the other day and I told them I needed someone who could
[01:56:25.800 --> 01:56:32.320]  handle a room full of lawyers who think they're smarter than God.
[01:56:32.320 --> 01:56:36.320]  And that's what I run into.
[01:56:36.320 --> 01:56:40.320]  And most of them are domes of rock.
[01:56:40.320 --> 01:56:43.360]  They think they know everything and they think they're untouchable.
[01:56:43.360 --> 01:56:45.400]  They can do anything they want to.
[01:56:45.400 --> 01:56:50.000]  And when you come back after them, they're just, they're, this can't believe it.
[01:56:50.000 --> 01:56:52.280]  You know, they, they get all indignant.
[01:56:52.280 --> 01:56:54.200]  How dare you challenge me?
[01:56:54.200 --> 01:57:00.000]  Well, nothing I like better than bar grieving that arrogant lawyer.
[01:57:00.000 --> 01:57:01.000]  Okay.
[01:57:01.000 --> 01:57:02.000]  Okay.
[01:57:02.000 --> 01:57:06.720]  So, bar grieving, you know, depends on how this shakes out, there's a good chance.
[01:57:06.720 --> 01:57:13.000]  I can't tell you how many people I've asked to read the case law, read the case law.
[01:57:13.000 --> 01:57:17.720]  The other law cited and they read the case law and the case law actually supports their
[01:57:17.720 --> 01:57:20.760]  position and not the lawyer's position.
[01:57:20.760 --> 01:57:27.440]  And lawyers make claims, you check the claims, they just make them up because they think
[01:57:27.440 --> 01:57:32.640]  that their buddies with the judge in the courts, they work with them all the time and the judges
[01:57:32.640 --> 01:57:34.200]  that cover their behinds.
[01:57:34.200 --> 01:57:43.280]  What they don't count on is a out of control pro se who will, he's just as quick to hammer
[01:57:43.280 --> 01:57:50.320]  the judge as he is the lawyer and then the judge is not going to protect him.
[01:57:50.320 --> 01:57:58.880]  So that's kind of my story on foreclosure foreclosure is all about the politics.
[01:57:58.880 --> 01:58:00.880]  And you don't have to be a nice guy.
[01:58:00.880 --> 01:58:02.960]  They don't have to like you.
[01:58:02.960 --> 01:58:05.920]  It's probably better if they hate you.
[01:58:05.920 --> 01:58:07.760]  They want you out of their court.
[01:58:07.760 --> 01:58:10.240]  They don't ever want to see you again.
[01:58:10.240 --> 01:58:15.040]  So they tell the lawyer on the other side, do something to get rid of this chump.
[01:58:15.040 --> 01:58:17.200]  So he stops making my life miserable.
[01:58:17.200 --> 01:58:18.200]  Okay.
[01:58:18.200 --> 01:58:21.800]  Shane, we are out of time.
[01:58:21.800 --> 01:58:23.000]  Thank you all for listening.
[01:58:23.000 --> 01:58:30.720]  We'll be back next week with our regular shows and check out Eddie the chump, Craig on Monday
[01:58:30.720 --> 01:58:33.040]  nights for his traffic show.
[01:58:33.040 --> 01:58:35.960]  We never cut Eddie any slack here.
[01:58:35.960 --> 01:58:38.000]  And we'll be back Thursday and Friday.
[01:58:38.000 --> 01:58:50.600]  Thank you all for listening and good night.
[01:58:50.600 --> 01:58:56.680]  Bibles for America is offering absolutely free, a unique study Bible called the New Testament
[01:58:56.680 --> 01:58:57.880]  Recovery Version.
[01:58:57.880 --> 01:59:02.880]  The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible
[01:59:02.880 --> 01:59:08.520]  says verse by verse, helping you to know God and to know the meaning of life.
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[01:59:51.360 --> 01:59:53.040]  Looking for some truth?
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