ROL_2019-07-26_16k_Hr1-2.timecode

[00:00.000 --> 00:06.760]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.760 --> 00:15.440]  Markets for Monday 22 July 2019 Open with Precious Metals, Gold $1,429.00, Silver $16.45.00,
[00:15.440 --> 00:24.520]  Copper $2.75.00, Oil, Texas Crew $55.63.00, Brent Crew $62.47.00, and Crypto is in order
[00:24.520 --> 00:37.160]  of Market Cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31,
[00:37.160 --> 00:42.440]  and Bitcoin Cash is at $324.10 of Crypto Coin.
[00:42.440 --> 00:52.400]  In history, the year 1916, the preparedness day bombing, a timed suitcase bomb, was detonated
[00:52.400 --> 00:57.720]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.720 --> 01:04.720]  10 and injuring 40 today in history.
[01:04.720 --> 01:09.400]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp into
[01:09.400 --> 01:14.120]  taxes law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.120 --> 01:18.040]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.040 --> 01:22.240]  new ones since they are stipulating that they do not have the time or the laboratory
[01:22.240 --> 01:24.800]  equipment to test the herb for THC.
[01:24.800 --> 01:28.440]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.440 --> 01:33.000]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.000 --> 01:34.000]  law.
[01:34.000 --> 01:37.600]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.600 --> 01:42.120]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.120 --> 01:48.280]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.280 --> 01:54.480]  well as other cities, too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.480 --> 01:58.960]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.960 --> 02:01.680]  prosecution of marijuana cases in El Paso.
[02:01.680 --> 02:06.760]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.760]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.360]  It's important that if someone is charged with something, the test matches what they're
[02:17.360 --> 02:18.880]  charged with.
[02:18.880 --> 02:27.400]  A paper by Tulane University identified a five and a half-inch American pocket shark.
[02:27.400 --> 02:32.320]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.320 --> 02:38.000]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.000 --> 02:39.480]  Pacific Ocean.
[02:39.480 --> 02:43.760]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.760 --> 02:50.040]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.040 --> 03:16.040]  glow.
[03:16.040 --> 03:29.800]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, Rural Law Radio on this Friday, the 26th day
[03:29.800 --> 03:34.800]  of July, 2019.
[03:34.800 --> 03:42.600]  And yesterday we were talking about the 2714 Texas Code of Criminal Procedure.
[03:42.600 --> 03:50.360]  If you weren't here last night, we may get back to this because this goes to how the
[03:50.360 --> 03:55.160]  courts are tricking people into entering a plea and waving their rights.
[03:55.160 --> 04:00.600]  Well, after the show, I got a call from Art Paton in North Carolina.
[04:00.600 --> 04:07.720]  He is a rebel rouser in North Carolina, and he called me about precisely the same issue.
[04:07.720 --> 04:13.840]  I've sent him an email, I mean a text asking him to call in the show if he calls in, this
[04:13.840 --> 04:14.840]  will be interesting.
[04:14.840 --> 04:22.840]  But in the meantime, Brett's got an issue that you should find interesting.
[04:22.840 --> 04:24.720]  I am turning the phones on.
[04:24.720 --> 04:29.160]  I call in number 512-646-1984.
[04:29.160 --> 04:32.880]  If you have a comment or a question, give us a call, we'll be taking your calls all
[04:32.880 --> 04:33.880]  night.
[04:33.880 --> 04:34.880]  Brett!
[04:34.880 --> 04:38.320]  Yes, tell us what happened.
[04:38.320 --> 04:43.600]  Well, before I get into that about today, I just wanted to ask you real quickly about
[04:43.600 --> 04:48.160]  that 2714 trickery matter.
[04:48.160 --> 04:56.520]  Did you see the, I sent you over the forged document that my friend was forced to sign
[04:56.520 --> 04:58.840]  or he was tricked into society?
[04:58.840 --> 04:59.840]  Yes, I did.
[04:59.840 --> 05:00.840]  You see what's on there?
[05:00.840 --> 05:01.840]  Yes, I did.
[05:01.840 --> 05:05.400]  And I have seen a document similar to that before.
[05:05.400 --> 05:09.160]  So it starts out, for everybody that's listening, it starts out at the top.
[05:09.160 --> 05:13.640]  This is a friend of mine that he went in, he didn't know really what to do, but they
[05:13.640 --> 05:20.240]  took his digital signature that he intended for one purpose and they digitally shuffled
[05:20.240 --> 05:25.200]  it over to this other document that he had never seen and never would have seen if he
[05:25.200 --> 05:28.520]  didn't ask to see the file after that.
[05:28.520 --> 05:33.800]  And this document says, Defendants Request for Trial, and it has a bunch of checkboxes
[05:33.800 --> 05:40.840]  on there that one of them acknowledges he's been informed of all of his rights and possible
[05:40.840 --> 05:44.640]  dismissal options and wishes not to avail themselves.
[05:44.640 --> 05:50.320]  Let me make a comment about the checkboxes.
[05:50.320 --> 05:57.600]  The document is purported to have been signed by hand, but all of those documents were electronically
[05:57.600 --> 05:58.600]  checked.
[05:58.600 --> 05:59.600]  Yes.
[05:59.600 --> 06:03.400]  So I wonder how he managed to do that.
[06:03.400 --> 06:08.960]  I waive my rights to this, I acknowledge that I'm waiving my right to that.
[06:08.960 --> 06:12.840]  I know that I don't have a right to an attorney, blah, blah, blah.
[06:12.840 --> 06:17.120]  Checking all these boxes, he put his digital signature at the bottom.
[06:17.120 --> 06:18.120]  Pretty amazing.
[06:18.120 --> 06:25.680]  We need to put in a request for that document in every other case that it exists.
[06:25.680 --> 06:31.040]  Well, it might be interesting to even ask them for the template that they use, because
[06:31.040 --> 06:32.040]  obviously they're...
[06:32.040 --> 06:34.040]  He'd keep it pre-checked.
[06:34.040 --> 06:35.040]  Right.
[06:35.040 --> 06:39.760]  But yeah, what you were talking about...
[06:39.760 --> 06:41.080]  What was this?
[06:41.080 --> 06:45.760]  That was Arlington Municipal, in between Dallas and Fort Worth, and I'm kind of on the south
[06:45.760 --> 06:48.400]  side there, Arlington Municipal Court.
[06:48.400 --> 06:49.400]  Arlington?
[06:49.400 --> 06:50.400]  Oh my goodness.
[06:50.400 --> 06:51.400]  Yes.
[06:51.400 --> 06:57.360]  These guys, I was in there and I asked the clerk to see some files, and she said, are
[06:57.360 --> 06:58.360]  you an attorney?
[06:58.360 --> 07:00.360]  I said, well, no, I'm not.
[07:00.360 --> 07:05.280]  I sleep well at night and keep my hands in my own pockets.
[07:05.280 --> 07:07.120]  She said, well, are you the accused?
[07:07.120 --> 07:08.120]  I said, no.
[07:08.120 --> 07:10.760]  She said, well, then you can't see these folks.
[07:10.760 --> 07:14.640]  And the bailiff was standing on the other side of the room, and I called him, and he
[07:14.640 --> 07:15.640]  ignored me.
[07:15.640 --> 07:17.640]  So I shouted out, hey, you!
[07:17.640 --> 07:19.640]  Get out of here!
[07:19.640 --> 07:23.960]  He came over all huffy-puffy.
[07:23.960 --> 07:25.240]  What seems to be the problem here?
[07:25.240 --> 07:27.560]  I need you to arrest this woman.
[07:27.560 --> 07:34.120]  We went through the whole routine, and he wouldn't arrest her, so I take out my cell
[07:34.120 --> 07:38.240]  phone, and he said, you can't use a party here!
[07:38.240 --> 07:39.240]  The bailiff did.
[07:39.240 --> 07:44.240]  I said, are you going to interfere with a 911 call?
[07:44.240 --> 07:50.560]  I hit 911, and the clerk said, leave him alone, he's just trying to get you to do something
[07:50.560 --> 07:52.240]  so he can try to get you arrested.
[07:52.240 --> 07:55.040]  I told him, you should listen to her.
[07:55.040 --> 07:57.240]  I think she's smarter than you.
[07:57.240 --> 08:04.160]  He stood there with his arms crossed glaring at me while I talked to the dispatcher and
[08:04.160 --> 08:08.920]  asked him to send somebody out to arrest the both of them.
[08:08.920 --> 08:09.920]  That got interesting.
[08:09.920 --> 08:10.920]  So go ahead.
[08:10.920 --> 08:11.920]  This is Arlington.
[08:11.920 --> 08:14.520]  I'm in trouble with Arlington.
[08:14.520 --> 08:19.840]  Yeah, well, they decided they wanted to get into the business of forgery, so they didn't
[08:19.840 --> 08:28.840]  have that 2714 subsection D waiver, so they decided they were just going to make one, put
[08:28.840 --> 08:32.040]  the defendant's signature on it.
[08:32.040 --> 08:41.000]  Anyway, yeah, today you were asking about what happened today, and there's a municipal
[08:41.000 --> 08:50.560]  traffic case in Plano, and they had, wow, you know how you say, just preserve all their
[08:50.560 --> 08:52.160]  errors for appeal?
[08:52.160 --> 08:59.560]  Well, this one took a lot of work because they had a lot of errors to preserve, and
[08:59.560 --> 09:02.520]  now they're trying to hinder appeal.
[09:02.520 --> 09:08.400]  They do not want this to go to the appeals court, and you can guess why.
[09:08.400 --> 09:21.160]  So when it comes time for them to produce the transcript, because the defendant is indigent,
[09:21.160 --> 09:28.120]  so they have to give the transcript anyway, even if that can't be paid for, well, they
[09:28.120 --> 09:30.680]  didn't want to do that.
[09:30.680 --> 09:33.560]  They're trying to see what they can do to drag their feet.
[09:33.560 --> 09:40.160]  So I wrote up a petition for a writ of mandamus and sent that to the county court, but the
[09:40.160 --> 09:46.360]  clerks are trying to tell us that they don't receive anything via facts.
[09:46.360 --> 09:49.600]  I'm sorry, you don't get to pick, clerks.
[09:49.600 --> 09:58.000]  There are no discursions granted to a clerk to decide which of the service methods that
[09:58.000 --> 10:03.540]  are all authorized in the Texas Rules of Civil Procedure, they don't get to pick which one
[10:03.540 --> 10:08.720]  is going to be okay with them, and which ones they're going to just reject.
[10:08.720 --> 10:15.640]  Facts and email are both listed as proper methods of service.
[10:15.640 --> 10:21.000]  I can understand if they would say, hey, you sent this via carrier pigeon and we never
[10:21.000 --> 10:28.800]  got it, okay, I can understand, they might have a leg to stand on, but facts and email
[10:28.800 --> 10:32.880]  are listed in the Texas Rules of Civil Procedure.
[10:32.880 --> 10:39.960]  And so we the people have a right to expect that when we serve process, it's going to
[10:39.960 --> 10:44.800]  go through the normal channels without any trouble.
[10:44.800 --> 10:46.840]  That's not how they saw it.
[10:46.840 --> 10:54.400]  So have you filed criminally against the clerks and the county judge?
[10:54.400 --> 10:55.400]  Not yet.
[10:55.400 --> 10:56.400]  That was just today.
[10:56.400 --> 10:58.520]  That was about lunchtime today.
[10:58.520 --> 11:03.440]  So I went ahead and I reached out, Collin County has a very interesting arrangement
[11:03.440 --> 11:13.720]  there where they have one set of common clerks that handle, collectively handle, seven courts
[11:13.720 --> 11:15.840]  at law.
[11:15.840 --> 11:23.520]  So you file your petition for a writ of mandanus generically for the courts at law and they
[11:23.520 --> 11:28.240]  look at each other's dockets and they somehow do some load balancing and they decide who's
[11:28.240 --> 11:35.360]  going to get it and then they tell you, okay, you're here with county court number four
[11:35.360 --> 11:40.280]  and they tell you the judge's name and then at that point you can begin styling your things
[11:40.280 --> 11:42.960]  accordingly for the appellate brief and so forth.
[11:42.960 --> 11:47.720]  But the first one, the petition for writ of mandanus, they hadn't decided yet.
[11:47.720 --> 11:49.360]  It was just, you know, out of the blue.
[11:49.360 --> 11:52.720]  So I sent it to all of them.
[11:52.720 --> 12:00.560]  And then when the clerks found, today was back and forth with the clerks about this.
[12:00.560 --> 12:06.040]  So I decided to reach out to all seven of the judges that are behind that scheduling
[12:06.040 --> 12:07.120]  situation.
[12:07.120 --> 12:18.800]  And so now all seven of those judges can bring the heat to the clerks on Monday morning.
[12:18.800 --> 12:24.240]  And I put the language in there that made it real clear that this is official oppression.
[12:24.240 --> 12:28.400]  I wrote it in the language of the criminal complaint even though it wasn't in the form
[12:28.400 --> 12:30.040]  of a criminal complaint.
[12:30.040 --> 12:35.160]  Well, okay, here's the deal.
[12:35.160 --> 12:36.920]  It's still a criminal complaint.
[12:36.920 --> 12:41.080]  Well, yeah, I couldn't be seen that way.
[12:41.080 --> 12:46.240]  Well, a criminal complaint is required to run in the name of the state of Texas and state
[12:46.240 --> 12:49.000]  that you have reason to believe and do believe.
[12:49.000 --> 12:50.000]  It's not a requirement.
[12:50.000 --> 12:58.440]  What I'm planning on doing, though, is give those seven judges a chance, maybe Monday
[12:58.440 --> 13:03.600]  and Tuesday, and then turn around to the district judges and the grand juries of neighboring
[13:03.600 --> 13:10.320]  counties and go after those seven judges who do nothing about my right to do process.
[13:10.320 --> 13:19.160]  Well, you could already claim that all of them fail to properly train the clerk.
[13:19.160 --> 13:21.160]  Yep.
[13:21.160 --> 13:27.600]  Each separately and individually, any one of them could have and every one of them had
[13:27.600 --> 13:29.600]  the duty.
[13:29.600 --> 13:30.600]  Yes.
[13:30.600 --> 13:35.880]  And instead, they gave bad training.
[13:35.880 --> 13:38.880]  Where else would those clerks get the idea that they're only going to do it this way
[13:38.880 --> 13:42.840]  and not that way?
[13:42.840 --> 13:47.280]  You have to assume that the judges told them that.
[13:47.280 --> 13:48.480]  Right.
[13:48.480 --> 13:49.720]  And we hope the judges didn't.
[13:49.720 --> 13:52.120]  We hope the clerk made it up themselves.
[13:52.120 --> 13:55.160]  That would really get to you.
[13:55.160 --> 13:58.440]  And each of the judges should get a judicial conduct complaint.
[13:58.440 --> 13:59.440]  Yes.
[13:59.440 --> 14:04.280]  I'm working on that, too.
[14:04.280 --> 14:07.840]  Okay.
[14:07.840 --> 14:13.080]  So this just happened today, so this should get interesting.
[14:13.080 --> 14:15.200]  I don't have art calling in.
[14:15.200 --> 14:17.880]  I'm going to strangle him.
[14:17.880 --> 14:28.040]  Art went to a court with a friend of his, and they were asking him to sign a document,
[14:28.040 --> 14:32.880]  just like the one you're talking about, that waived all his rights.
[14:32.880 --> 14:39.040]  And art stood up in the courtroom and shouted out, do not sign that.
[14:39.040 --> 14:46.600]  And the judge said something, and he told the judge to shut up you unconstitutional
[14:46.600 --> 14:47.600]  person.
[14:47.600 --> 14:51.960]  And they did nothing.
[14:51.960 --> 14:53.200]  Wow.
[14:53.200 --> 14:58.000]  They acted like he wasn't there.
[14:58.000 --> 15:04.680]  And then they asked him to sign it again, and art called him, don't you dare sign that.
[15:04.680 --> 15:06.600]  And he didn't sign it.
[15:06.600 --> 15:08.240]  Wow.
[15:08.240 --> 15:17.520]  And then they wound up with a forged document, just like yours, saying that he waived all
[15:17.520 --> 15:20.880]  his rights and the whole deal.
[15:20.880 --> 15:30.440]  The judge denied him, he filed for indigency, and the judge denied it because he did not
[15:30.440 --> 15:32.120]  have a criminal history.
[15:32.120 --> 15:34.120]  Oh, my goodness.
[15:34.120 --> 15:36.600]  Yeah, that was a stage of reason.
[15:36.600 --> 15:41.120]  Are these guys brain dead?
[15:41.120 --> 15:44.000]  They should know art patent by now.
[15:44.000 --> 15:45.000]  He's worse than me.
[15:45.000 --> 15:51.080]  He's the one that got the district attorney to resign.
[15:51.080 --> 15:57.160]  Him and another guy went to the district attorney with the criminal complaints against a clerk.
[15:57.160 --> 16:02.680]  And he called me and asked me if they could record it, and I told him, absolutely.
[16:02.680 --> 16:09.640]  But take two recorders, show them one, don't show them the other, they took three.
[16:09.640 --> 16:16.280]  I've played the recording on the air, two weeks later, the prosecutor resigned.
[16:16.280 --> 16:17.280]  Perfect.
[16:17.280 --> 16:24.600]  Once you turned off that first recorder, it just seems to embolden them, and the assistant
[16:24.600 --> 16:31.320]  prosecutor said, see this man, he has got in this court, nobody gets to the grand jury
[16:31.320 --> 16:33.280]  except by him.
[16:33.280 --> 16:37.480]  We played that on the air, did not go over well.
[16:37.480 --> 16:43.880]  Hang on, it's about to go to break, Randy Kelton, Brett Fountain moved our radio on
[16:43.880 --> 16:55.360]  this Friday, the 26th day of July, 2019, a call in number 512-646-1984, we'll be right
[16:55.360 --> 16:56.360]  back.
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[19:27.680 --> 19:29.160]  We are back.
[19:29.160 --> 19:34.800]  Randy Kelton Brett Fountain, rule of law radio, and we're talking about Art Patton.
[19:34.800 --> 19:40.080]  I'm hoping he calls in because he is pretty outrageous.
[19:40.080 --> 19:47.160]  Years ago he called me about an issue and I told him what to do and he went out and did
[19:47.160 --> 19:49.160]  it.
[19:49.160 --> 19:52.320]  And since then he's turned into a monster.
[19:52.320 --> 19:58.360]  He went into court one day and he said there had to be 300 people in there.
[19:58.360 --> 20:04.520]  There's standing around the wall, sitting in the floor, and he said this is insane.
[20:04.520 --> 20:12.560]  He went out in the hall and he remembered seeing a fire marshal deal up on the wall.
[20:12.560 --> 20:18.280]  He went and read it and it said the maximum occupancy was 119.
[20:18.280 --> 20:23.720]  He went back into court and when he got to 200, he stopped, left the courtroom and called
[20:23.720 --> 20:26.520]  the fire marshal.
[20:26.520 --> 20:29.400]  Fire marshal came out and evacuated the courthouse.
[20:29.400 --> 20:35.640]  He said it was hilarious, you should have seen it.
[20:35.640 --> 20:40.880]  It's the kind of stuff Art does, he doesn't appear to be the least bit afraid of him or
[20:40.880 --> 20:47.320]  if he is afraid of him, he doesn't let it affect what he does.
[20:47.320 --> 20:52.480]  I would say he's like me but he's much worse than me.
[20:52.480 --> 20:57.160]  So I'd hope he called in because he had essentially the same issue you did and I've got Scott
[20:57.160 --> 20:58.160]  here.
[20:58.160 --> 21:04.320]  I suspect he has a comment on this issue, Scott.
[21:04.320 --> 21:12.120]  I didn't catch the issue right off the bat so what was the thing y'all were talking about?
[21:12.120 --> 21:15.080]  I know it was getting bright and shiny.
[21:15.080 --> 21:18.560]  You called in to the show and you're not even listening.
[21:18.560 --> 21:19.560]  I'm crushed.
[21:19.560 --> 21:28.000]  Do you mean to tell me you're not hanging on my every word?
[21:28.000 --> 21:36.160]  I think the only time you listen is when I'm picking on you but then that's all the time.
[21:36.160 --> 21:43.240]  Okay, we were talking about going into court and asking you to waive your rights.
[21:43.240 --> 21:45.160]  Have you had that experience?
[21:45.160 --> 21:57.880]  Yeah, that happened over in Rockwall and when I went in there, I was going back and forth
[21:57.880 --> 22:05.120]  to court several times and they kept delaying it every time that I was going in there.
[22:05.120 --> 22:10.400]  So every time I went in there and they rescheduled it, I was barred for even the judge following
[22:10.400 --> 22:17.200]  criminal complaints on the prosecuting attorney and so every time I had to go up there, I'd
[22:17.200 --> 22:26.800]  follow complaints and stuff and then they had issued that warrant about missing a court
[22:26.800 --> 22:34.440]  of date when I was appealing the court from the lower courts to the higher courts and
[22:34.440 --> 22:39.920]  they never notified me and they said a warrant out and so when I went up there to the courthouse
[22:39.920 --> 22:43.440]  they said, oh, come back the next morning while I went back the next because I couldn't
[22:43.440 --> 22:50.200]  see the judge without the district attorney there, the ex parte thing and so when I went
[22:50.200 --> 22:54.040]  the next day, well, they immediately just called me up there and went straight to jail.
[22:54.040 --> 22:59.360]  Well, then when I come back the next time, they called me up and they didn't want to
[22:59.360 --> 23:00.360]  speak to me.
[23:00.360 --> 23:01.360]  They didn't want to do that.
[23:01.360 --> 23:06.480]  They said, look, you need to go sign this piece of paper and then come back and then
[23:06.480 --> 23:11.680]  oh, that was when I went to jail, so I went and signed that piece of paper and then I
[23:11.680 --> 23:17.320]  came back, then they called me up, I went to jail and that's when they took my rights,
[23:17.320 --> 23:23.880]  that's when they assigned me an attorney at that point and I didn't realize it because
[23:23.880 --> 23:26.960]  it didn't say anything definitive about it.
[23:26.960 --> 23:27.960]  It was just like...
[23:27.960 --> 23:32.440]  Wait, they assigned you an attorney and didn't tell you that you even had one and the attorney
[23:32.440 --> 23:34.440]  started representing you?
[23:34.440 --> 23:37.360]  I didn't know, I did not.
[23:37.360 --> 23:40.680]  I was representing myself the whole time.
[23:40.680 --> 23:48.040]  They did not want me to represent myself anymore, so they assigned me an attorney because it
[23:48.040 --> 23:55.360]  was surreptitious and now I've got this attorney on, so I'm like, okay, I'm going to use this
[23:55.360 --> 24:03.280]  guy and so I did and that's when I was giving him information about, here's the...
[24:03.280 --> 24:08.480]  I did the information request to the city of Rockwall on their authority to enforce
[24:08.480 --> 24:13.080]  and they actually responded back on their own letterhead stating they had no authority.
[24:13.080 --> 24:17.920]  Well, I gave that to that attorney before we went to court, he liked to choke on it.
[24:17.920 --> 24:23.720]  He said, you've had this for over a year and I was like, yeah, I just been waiting to show
[24:23.720 --> 24:25.720]  it to y'all.
[24:25.720 --> 24:35.280]  So for a court date and so, but yeah, they assigned me an attorney and did that, so it
[24:35.280 --> 24:40.600]  was real sneaky how they did it, real sneaky.
[24:40.600 --> 24:43.600]  So that's all.
[24:43.600 --> 24:52.400]  Wow, there's no end to the sneakiness.
[24:52.400 --> 24:59.560]  What we do have to do is get past the magistrates and get to grand juries, that's the only thing
[24:59.560 --> 25:05.960]  that's going to really get this taken care of.
[25:05.960 --> 25:11.120]  I know, but I sent complaints to that grand jury over in Wise County, I sent complaints
[25:11.120 --> 25:17.640]  to the Dallas County Grand Jury, I had the whole timeline of Dallas and Rockwall and
[25:17.640 --> 25:22.840]  all these different cases, I sent them all, I sent them for little cases against the district
[25:22.840 --> 25:27.840]  attorney to the grand jury, he or the attorney general or district attorney, they had to
[25:27.840 --> 25:34.240]  push it through, but yeah, they won't let us gain access whatsoever, all of them, they
[25:34.240 --> 25:40.840]  just died at the grand jury mail box and so, yeah.
[25:40.840 --> 25:53.120]  We need to put together a petition for rid of mandamus ordering the, asking the district
[25:53.120 --> 25:58.760]  court to, I mean the court of appeals to order the district attorney to act in accordance
[25:58.760 --> 26:08.080]  with article 2.03, where he's required to give complaints against public officials
[26:08.080 --> 26:12.080]  to a grand jury.
[26:12.080 --> 26:20.120]  Okay, Scott, I kind of bushwhacked you with this issue, you've had a question?
[26:20.120 --> 26:27.560]  No, I was just going to comment on that, how they can sneakily, you know, take your, assign
[26:27.560 --> 26:31.160]  you an attorney so that they basically take your rights away.
[26:31.160 --> 26:35.160]  I know they did it to me because they didn't want to talk to me no more, which was, you
[26:35.160 --> 26:39.880]  know, fine because I could always fire that attorney at any time, but it was great to
[26:39.880 --> 26:44.680]  watch him sweat bullets too, so you were there when the trial happened, both y'all, it was
[26:44.680 --> 26:45.680]  cool.
[26:45.680 --> 26:57.280]  Yeah, that was an interesting day, the prosecutors, they wouldn't talk to us, that was odd, wouldn't
[26:57.280 --> 27:00.280]  even look at us.
[27:00.280 --> 27:06.320]  They've been bar grieved to the stone age by the end, the judge was even on his best
[27:06.320 --> 27:12.920]  behavior, and he was kind of, he never really got sideways on me too bad, not like some
[27:12.920 --> 27:20.880]  of the other ones, but yeah, everybody was being on their best behavior.
[27:20.880 --> 27:21.880]  Absolutely.
[27:21.880 --> 27:27.160]  I've got to say, I was a little bit disappointed about your attorney there, because I thought
[27:27.160 --> 27:34.400]  that at any moment, you've got, he's holding so many trump cards, any moment he's going
[27:34.400 --> 27:39.760]  to pull one or more of them out and slap them on the table and everything is going to go
[27:39.760 --> 27:44.280]  your way, but he never piped up.
[27:44.280 --> 27:52.240]  He never said, because they're all, I mean, his whole thing was, there's, nobody has to
[27:52.240 --> 28:03.320]  use a turn signal in a turn-only lane, you faced your whole case on me.
[28:03.320 --> 28:11.600]  Nobody find that in the, that's the only thing I remember getting the same words, repeating.
[28:11.600 --> 28:18.640]  All of them were just like, and that's after the cop had already read that they didn't
[28:18.640 --> 28:24.040]  even have authority and that district attorneys having to, you know, get it where it couldn't
[28:24.040 --> 28:30.680]  be entered as evidence, only because the sergeant wasn't there, who signed the thing.
[28:30.680 --> 28:35.880]  I'm like, wow, I thought criminal charges on him were withholding the scopatory evidence
[28:35.880 --> 28:41.520]  favorable to the accused, barteries him and the other attorney standing around.
[28:41.520 --> 28:44.680]  There you go.
[28:44.680 --> 28:53.480]  Oh yeah, so beginning to, it's going to come to, it seems like the only way to really get
[28:53.480 --> 28:56.280]  their attention is to sue them.
[28:56.280 --> 29:03.480]  And that's where, you know, it's, the nut cut's going to have to come down and it's
[29:03.480 --> 29:08.080]  all going to have to be these, you know, I guess a declaratory judgment, just to see
[29:08.080 --> 29:12.720]  if you could, you could ever get a judge to hear it and that's our whole problem.
[29:12.720 --> 29:17.520]  Every judge is just dismiss everything out live.
[29:17.520 --> 29:23.160]  So what it seems like would be a really good idea is it's like, is there, like that guy
[29:23.160 --> 29:28.120]  down in South Texas, there where his wife hits a deer, you know, well, what if we all
[29:28.120 --> 29:35.840]  start falling quad cam, you know, lawsuits on people, you know, like the county judge,
[29:35.840 --> 29:40.800]  our, you could go all the way up to the ladder and just start including them, you know.
[29:40.800 --> 29:44.240]  Okay, hang on, hang on, we're about to go to break.
[29:44.240 --> 29:52.160]  This is Randy Kelton, Brett Fountain, we have our radio, our call in number 512-646-1984.
[29:52.160 --> 30:01.960]  We'll be right back.
[30:01.960 --> 30:06.520]  Businesses ask you for a lot of personal information and you may trust them to keep it safe, but
[30:06.520 --> 30:11.520]  it turns out that even the most trusted companies may be unwittingly revealing your secrets.
[30:11.520 --> 30:16.120]  I'm Dr. Katherine Albrecht and I'll be right back with details.
[30:16.120 --> 30:17.680]  Privacy is under attack.
[30:17.680 --> 30:21.280]  When you give up data about yourself, you'll never get it back again.
[30:21.280 --> 30:26.080]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.080 --> 30:31.240]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:31.240 --> 30:33.840]  Privacy, it's worth hanging on to.
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[31:21.760 --> 31:23.200]  I'm Dr. Katherine Albrecht.
[31:23.200 --> 31:30.920]  More news and information at KatherineAlbrecht.com.
[31:30.920 --> 31:31.920]  I lost my son.
[31:31.920 --> 31:32.920]  My uncle.
[31:32.920 --> 31:33.920]  My uncle.
[31:33.920 --> 31:34.920]  My uncle.
[31:34.920 --> 31:35.920]  On September 11, 2001.
[31:35.920 --> 31:39.200]  Most people don't know that a third tower fell on September 11.
[31:39.200 --> 31:43.400]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:43.400 --> 31:44.400]  I will.
[31:44.400 --> 31:47.200]  The official explanation is that fire brought down Building 7.
[31:47.200 --> 31:51.640]  Over 1,200 architects and engineers have looked into the evidence and believe there
[31:51.640 --> 31:52.960]  is more to the story.
[31:52.960 --> 31:54.400]  Bring justice to my son.
[31:54.400 --> 31:55.400]  My uncle.
[31:55.400 --> 31:56.400]  My nephew.
[31:56.400 --> 31:57.400]  My son.
[31:57.400 --> 31:58.400]  Go to buildingwhat.org.
[31:58.400 --> 32:01.080]  And tell why it matters and what you can do.
[32:01.080 --> 32:03.560]  Hey, it's Danny here for Hill Country Home Improvements.
[32:03.560 --> 32:06.560]  Did your home receive hail or wind damage from the recent storms?
[32:06.560 --> 32:10.200]  Come on, we all know the government caused it with their chemtrails, but good luck getting
[32:10.200 --> 32:11.200]  them to pay for it.
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[32:14.840 --> 32:18.640]  That's why you have insurance and Hill Country Home Improvements can handle the claim for
[32:18.640 --> 32:21.400]  you with little to no out-of-pocket expense.
[32:21.400 --> 32:25.680]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with
[32:25.680 --> 32:27.000]  zero complaints.
[32:27.000 --> 32:31.360]  You can trust Hill Country Home Improvements to handle your claim and your roof right the
[32:31.360 --> 32:32.440]  first time.
[32:32.440 --> 32:38.960]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[32:38.960 --> 32:43.120]  Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos
[32:43.120 --> 32:45.720]  Radio Network to help continue this programming.
[32:45.720 --> 32:50.880]  So if those out-of-town roofers come knocking, your door should be locked in.
[32:50.880 --> 32:56.920]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[32:56.920 --> 32:58.920]  These counts are based on full roof replacement.
[32:58.920 --> 33:27.400]  That may not actually be kidding about chemtrails.
[33:27.400 --> 33:39.760]  Okay, we are back, Randy Kelton, Brett Fountain, with our radio, and we're talking to Scott
[33:39.760 --> 33:40.760]  in Texas.
[33:40.760 --> 33:45.360]  Okay, Scott, where were we?
[33:45.360 --> 33:52.920]  Like I was saying, following lawsuits, and you know, it's like that guy down south, people's
[33:52.920 --> 33:57.360]  weird, because you always say it's all political, right?
[33:57.360 --> 34:05.200]  So we all shoot against governor, and then this, you know, the sheriff in that county
[34:05.200 --> 34:12.640]  and the county judge in that county, and you know, they're responsible for their deputies
[34:12.640 --> 34:21.040]  and their training per the Brady policy that nobody even seems to know what it is conveniently.
[34:21.040 --> 34:28.400]  And then if say like, you know, four or five people were to actually follow suit, drag
[34:28.400 --> 34:37.880]  the governor into it, and start losing specifically, you know, the event, because what if it's
[34:37.880 --> 34:44.080]  one of us dropping through that county and we get a deer, and then the cop wants to,
[34:44.080 --> 34:50.640]  you know, throw us in jail because we don't want to comply with their demand after, you
[34:50.640 --> 34:55.440]  know, almost totaling your car, you know, it's like, we, you know, I don't know what's
[34:55.440 --> 35:01.520]  going on with these guys, but the training is all where it stems from it, even to the
[35:01.520 --> 35:04.360]  court clerks everywhere.
[35:04.360 --> 35:11.720]  So that's, you know, a solution, you know, people started getting behind, you know, on
[35:11.720 --> 35:17.160]  like a case like this, everybody get behind it and start just filing suits, you know,
[35:17.160 --> 35:22.360]  and go in there and say, you know, not, you don't want to file and have to pay the court
[35:22.360 --> 35:23.360]  cost.
[35:23.360 --> 35:27.880]  You want to file, there's got to be ways, you know, we could file the paperwork, you
[35:27.880 --> 35:33.680]  know, saying, you know, not necessarily indigent, but you know, there'd be a burden to have
[35:33.680 --> 35:41.360]  to pay these court costs to do the, what should be done by our own public officials, you know,
[35:41.360 --> 35:48.880]  the police and themselves and we're having to do it for them, so, you know, it's planting
[35:48.880 --> 35:55.040]  on soon, these guys and we're going to work together and build a lawsuit while we're building
[35:55.040 --> 35:56.040]  it.
[35:56.040 --> 36:05.600]  I'll try to structure it in a way so that the individual elements are essentially generic
[36:05.600 --> 36:09.480]  and we'll create a set of generic elements and then I build a questionnaire that asks
[36:09.480 --> 36:17.000]  for the different elements and when I get a yes on an element, it grabs that element,
[36:17.000 --> 36:26.680]  that cause of action, that fact set and just drops it in a lawsuit.
[36:26.680 --> 36:34.400]  So I need to, I'm getting ready to launch the traffic side with the back side tools
[36:34.400 --> 36:40.200]  engaged and this is one of the tools I'll leave with it so that it'll start producing
[36:40.200 --> 36:47.040]  a, primarily when they initially go for declaratory judgment suits because they only cost 15 bucks
[36:47.040 --> 36:55.800]  in the district court, you only cost a couple hundred bucks and a lot of times the clerks
[36:55.800 --> 37:01.920]  want to charge you the regular amount but it's actually only $15 to file a petition
[37:01.920 --> 37:05.120]  for declaratory judgment.
[37:05.120 --> 37:10.440]  I wasn't able to get somebody to do it for 15, I prepared some but they kept insisting
[37:10.440 --> 37:16.040]  it was $192 and I couldn't find anything and my father said otherwise, I can't afford
[37:16.040 --> 37:17.040]  to do that yet.
[37:17.040 --> 37:24.720]  Yeah, okay, this was in Tarrant County and the district clerk in Tarrant County really
[37:24.720 --> 37:31.040]  hates me, so I'll have to look that up but, you know, they did it anyway.
[37:31.040 --> 37:36.880]  So I'll have to, we'll find that, it's in there somewhere.
[37:36.880 --> 37:49.280]  And we prepare an automatic application for your ability to pay, I'm sure they'll deny
[37:49.280 --> 37:53.680]  that out of hand, I'll figure that out, we'll work that out.
[37:53.680 --> 38:01.000]  What does it call, oh we can file it in the JP court, that only costs 60 bucks.
[38:01.000 --> 38:10.640]  Only ask for 10 grand, puts them in court, gets us discovery.
[38:10.640 --> 38:22.000]  Well, I don't know but, well, I can say you can get the judge to hear it, so.
[38:22.000 --> 38:27.320]  Well, no, no, then we go after the judge big time.
[38:27.320 --> 38:32.920]  Judge has a duty to properly apply the law to the facts, if he fails to do so, that's
[38:32.920 --> 38:35.960]  official oppression.
[38:35.960 --> 38:41.240]  We can file against the judge with feds, what are the feds going to do when they start getting
[38:41.240 --> 38:48.560]  one criminal complaint after another, after another, after another?
[38:48.560 --> 38:52.080]  And then when they don't act on the criminal complaint, then they get complaints against
[38:52.080 --> 38:53.080]  them.
[38:53.080 --> 39:03.120]  So, the FCC, the local FBI is going to get real tired of that, because it puts marks
[39:03.120 --> 39:06.120]  on his chart.
[39:06.120 --> 39:14.720]  Well, what I'm getting at is these are, you know, like four or five people filing the
[39:14.720 --> 39:21.840]  same type of suit on the same person's case, you know, and then four or five file the same
[39:21.840 --> 39:26.760]  on like Brett's case, then four or five file on the next person's case, and they're all
[39:26.760 --> 39:32.600]  pointing to the same thing, you know, it's all pointing basically to their training and
[39:32.600 --> 39:38.840]  their lack of, you know, following their own policies and procedures.
[39:38.840 --> 39:45.880]  Well, right now I'm finishing up the tools I need to do a crowdfunding sale.
[39:45.880 --> 39:53.080]  So as soon as I get that engaged, I think I need to back up for my other activities
[39:53.080 --> 39:59.000]  and launch this traffic site.
[39:59.000 --> 40:00.640]  Get the second half engaged.
[40:00.640 --> 40:06.440]  See, right now I only have the first part where you go in and put in your traffic, your ticket
[40:06.440 --> 40:12.440]  information, and it spits you out all the front end documents, and we've got a couple
[40:12.440 --> 40:21.440]  more front end documents to add to it, but once you go to that first hearing, then you
[40:21.440 --> 40:26.840]  come back, you go to this questionnaire and it asks, did they do this?
[40:26.840 --> 40:27.840]  Did they do this?
[40:27.840 --> 40:29.480]  Did they do this?
[40:29.480 --> 40:34.280]  And there aren't that many things they can do, so, you know, it sounds like it would
[40:34.280 --> 40:41.760]  be a lot more complex than it is, you know, their clerk can ask you for a plea or the
[40:41.760 --> 40:45.680]  clerk can send you to the prosecutor and he asks you for a plea, or they can send you
[40:45.680 --> 40:47.920]  to the judge and he asks for a plea.
[40:47.920 --> 40:54.440]  Now, those are about the three things that happen, or they can tell you to come back.
[40:54.440 --> 40:58.200]  And when they tell you to come back, we'll prepare a document building the court for
[40:58.200 --> 41:00.200]  your time.
[41:00.200 --> 41:05.800]  That ought to make them happy.
[41:05.800 --> 41:11.600]  When the court orders you to be there on a day at a time, they have a duty to be ready.
[41:11.600 --> 41:18.560]  And when you start fighting them, then one of their strategies is, is to call you in
[41:18.560 --> 41:24.320]  and then continue, continue, continue, so we bill them each time.
[41:24.320 --> 41:26.760]  Starts to be financially not a good deal for them?
[41:26.760 --> 41:33.280]  Yeah, when they don't, well, when they don't pay the bill, then we file a credit.
[41:33.280 --> 41:35.280]  We file against their credit.
[41:35.280 --> 41:40.600]  And that really affects their bond rating.
[41:40.600 --> 41:45.280]  You show that you billed them this amount and they didn't pay it, and that puts a mark
[41:45.280 --> 41:48.280]  on their credit.
[41:48.280 --> 41:51.000]  That'll make them real unhappy.
[41:51.000 --> 41:54.880]  There's one municipality that I think is right for that right now, because I've already been
[41:54.880 --> 41:59.400]  through their chain of command, spoke with their city manager, got everything on paper.
[41:59.400 --> 42:03.480]  They've got a bill there sitting on them, they're not paying it.
[42:03.480 --> 42:07.280]  Call the, okay, we gotta figure out how to do that.
[42:07.280 --> 42:12.880]  Scott, how do you report someone to credit agency?
[42:12.880 --> 42:20.800]  You've got an insurance business, you shouldn't know how to do that.
[42:20.800 --> 42:22.280]  I do not.
[42:22.280 --> 42:28.840]  Well, find out, you're supposed to know, you're a big time businessman.
[42:28.840 --> 42:36.600]  Well, you know, there's certain things I do, going around and reporting people's credits
[42:36.600 --> 42:41.080]  not one of them.
[42:41.080 --> 42:44.720]  Those are the things we need to look up, that won't take long.
[42:44.720 --> 42:50.720]  But we start, we file a bill and then report it to the credit agency, and you know, they're
[42:50.720 --> 42:55.120]  going to object and say that we don't want to hold that bill, blah, blah, blah.
[42:55.120 --> 42:59.680]  Well, take us to court and prove it.
[42:59.680 --> 43:02.920]  In the meantime, we sting their credit.
[43:02.920 --> 43:14.480]  I talked to someone once who was doing that, I'm trying to think of who's your old buddy,
[43:14.480 --> 43:23.120]  good friend, he might be the one that did that.
[43:23.120 --> 43:24.120]  Check with him.
[43:24.120 --> 43:27.320]  Anyway, we'll get that down.
[43:27.320 --> 43:33.560]  I'm planning on launching the traffic site, just trying to get all my fires put out.
[43:33.560 --> 43:36.360]  I've got a whole lot going on here.
[43:36.360 --> 43:37.920]  We're about to go to break.
[43:37.920 --> 43:47.920]  This is Randy Kelton, Brett Fountain, Louisville Radio, our call in number 512-646-1984.
[43:47.920 --> 43:53.440]  It looks like we have someone from Yuba, we'll bring someone from Yuba again when we come
[43:53.440 --> 43:54.440]  back.
[43:54.440 --> 43:57.440]  We'll be right back.
[43:57.440 --> 44:04.880]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination
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[44:54.560 --> 44:59.560]  Visit us at CapitalCoinandBullion.com or call 512-646-644-0.
[44:59.560 --> 45:04.360]  Are you the plaintiff or defendant in a lawsuit?
[45:04.360 --> 45:10.560]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, four-CD
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[45:56.560 --> 46:20.560]  These are called toll-free 866-LAW-EZ.
[46:20.560 --> 46:22.560]  Okay, we are back.
[46:22.560 --> 46:28.560]  I'm Brett Fountain, Wheel of Our Radio, and we're talking to Scott in Texas.
[46:28.560 --> 46:31.560]  Scott, are we done with you?
[46:31.560 --> 46:33.560]  Yes, you are.
[46:33.560 --> 46:35.560]  Y'all have a good show.
[46:35.560 --> 46:42.560]  Okay, and we will get to work on civil suit, because that's probably what will make them
[46:42.560 --> 46:47.560]  the craziest, because that's going to cost them a lot of money no matter what.
[46:47.560 --> 46:53.560]  If we file in a JP court, it won't make any difference to what it costs them to respond
[46:53.560 --> 46:56.560]  to our pleadings.
[46:56.560 --> 46:58.560]  Oh, that'll be great.
[46:58.560 --> 47:00.560]  Thanks for calling, Scott.
[47:00.560 --> 47:02.560]  Okay, I'll have a good show.
[47:02.560 --> 47:03.560]  Bye.
[47:03.560 --> 47:04.560]  Okay, bye.
[47:04.560 --> 47:07.560]  Now we're going to go to Tina in California.
[47:07.560 --> 47:09.560]  Hello, Tina.
[47:09.560 --> 47:13.560]  Hello, Wendy.
[47:13.560 --> 47:16.560]  What have you got for us today?
[47:16.560 --> 47:23.560]  Well, I think I've found something, and you, too, wonderful gentlemen helping us, might
[47:23.560 --> 47:30.560]  be able to shed a little bit more light on it, and I think it will help Chad in California
[47:30.560 --> 47:38.560]  if I'm reading it as it should be read, and it's from the California Constitution, Declaration
[47:38.560 --> 47:39.560]  of Rights.
[47:39.560 --> 47:42.560]  Now, remember what we were talking about yesterday?
[47:42.560 --> 47:48.560]  You were saying Open Records Act, and I should ask for the response to the bar complaints
[47:48.560 --> 47:49.560]  and such.
[47:49.560 --> 47:57.560]  Well, Section 3, Number B, is the people have the right of access to information concerning
[47:57.560 --> 48:03.560]  the conduct of the people for business, and therefore the meetings of public bodies and
[48:03.560 --> 48:11.560]  the writings of public officials and agencies shall be open to public scrutiny?
[48:11.560 --> 48:13.560]  Oh, wonderful.
[48:13.560 --> 48:15.560]  Sounds great.
[48:15.560 --> 48:28.560]  Okay, for those of you who weren't listening last night, Tina and Rhett and I were conspiring
[48:28.560 --> 48:31.560]  to connivance yesterday.
[48:31.560 --> 48:36.560]  Tina filed a bar grievance, and the bar ignored it.
[48:36.560 --> 48:43.560]  So she filed it with the Supreme, which she's authorized to, in California.
[48:43.560 --> 48:47.560]  And the Supreme denied it out of hand.
[48:47.560 --> 48:56.560]  No explanation, no judgment, no findings of fact or conclusion showing why they denied
[48:56.560 --> 48:58.560]  it, they just denied it.
[48:58.560 --> 49:10.560]  So we were talking about asking the Supreme for findings of fact, and while they are not
[49:10.560 --> 49:21.560]  statutorily required to file findings of fact, if they don't, then that creates an adverse
[49:21.560 --> 49:28.560]  inference that they did not properly apply the law of facts.
[49:28.560 --> 49:34.560]  But in thinking about it, we got a little more conniving.
[49:34.560 --> 49:38.560]  So what we decided was probably a good idea.
[49:38.560 --> 49:45.560]  See, we want to say that the judge did not consider the facts and law in the case.
[49:45.560 --> 49:53.560]  So we go back and think about how do they go about figuring out what the facts and law are?
[49:53.560 --> 49:56.560]  Or would that be is?
[49:56.560 --> 50:00.560]  Facts are, law is, anyway.
[50:00.560 --> 50:03.560]  They always use law clerks.
[50:03.560 --> 50:06.560]  The judges don't do it themselves.
[50:06.560 --> 50:08.560]  They have law clerks do it.
[50:08.560 --> 50:15.560]  And normally the work of the law clerks would be the work of an attorney, which would be
[50:15.560 --> 50:17.560]  a work product.
[50:17.560 --> 50:21.560]  However, there is no litigant here.
[50:21.560 --> 50:29.560]  And even if there were a litigant, there's not a prosecution, either civil or criminal.
[50:29.560 --> 50:38.560]  So the work of the court itself cannot be construed as work product.
[50:38.560 --> 50:40.560]  Because they're the state.
[50:40.560 --> 50:42.560]  We're the ones paying these guys.
[50:42.560 --> 50:44.560]  They weren't for us.
[50:44.560 --> 50:53.560]  So anything those law clerks did on the California dime should be open for public inspection.
[50:53.560 --> 50:56.560]  So we're assuming the judges used law clerks.
[50:56.560 --> 51:02.560]  So the first thing we do is ask for the names of the law clerks that research this issue.
[51:02.560 --> 51:09.560]  Because surely the judge didn't just come up with a denial out of nowhere with no basis at all, right?
[51:09.560 --> 51:10.560]  Right.
[51:10.560 --> 51:15.560]  Surely he got one of his clerks to check it out.
[51:15.560 --> 51:21.560]  So are they going to tell us why they didn't use a law clerk?
[51:21.560 --> 51:24.560]  Well, you see how that works out for them.
[51:24.560 --> 51:34.560]  That creates the adverse inference that they did not examine into the facts and law of this case.
[51:34.560 --> 51:46.560]  And by so doing, denied Tina in the due course of the laws, which we could file with the federal court.
[51:46.560 --> 51:57.560]  And this is the supreme in the highest court in Texas, the next logical place to go on a violation of due process is fed.
[51:57.560 --> 52:03.560]  So how do we establish prima facia?
[52:03.560 --> 52:12.560]  We're just we're going to accuse the chief justices of the state of California of official misconduct.
[52:12.560 --> 52:15.560]  We got to have something.
[52:15.560 --> 52:19.560]  Oh, well, they admitted they did not use any law clerks.
[52:19.560 --> 52:33.560]  And we requested any reports or research done on the facts and law in this issue by anyone, including the judge.
[52:33.560 --> 52:37.560]  And then produce any.
[52:37.560 --> 52:42.560]  So that creates the adverse inference that they didn't do it.
[52:42.560 --> 52:51.560]  So what Tina just read to us clearly indicated that she has a right to it.
[52:51.560 --> 52:59.560]  So if they say they don't have it, we don't believe them.
[52:59.560 --> 53:03.560]  Of course you have it. This is standard procedure.
[53:03.560 --> 53:05.560]  You're lying to us.
[53:05.560 --> 53:11.560]  So we go to the feds and then stick the beds on them.
[53:11.560 --> 53:19.560]  Now, there's very little chance that the feds will pick this up and run with it.
[53:19.560 --> 53:22.560]  Well, I say that don't know.
[53:22.560 --> 53:26.560]  At the end of the day, everything is political.
[53:26.560 --> 53:30.560]  The feds work for the president.
[53:30.560 --> 53:33.560]  The president is a Republican.
[53:33.560 --> 53:38.560]  California is about as blue as you can get.
[53:38.560 --> 53:41.560]  So elections coming up.
[53:41.560 --> 53:48.560]  So anything that's political becomes much, much more political.
[53:48.560 --> 53:59.560]  And what you might do, Tina, speaking of political, what Republicans do we have in California in office?
[53:59.560 --> 54:01.560]  Do we have any?
[54:01.560 --> 54:03.560]  I don't know.
[54:03.560 --> 54:07.560]  If there is, it's very few. I can look it up and find out.
[54:07.560 --> 54:16.560]  See if there are and if there's not, see who's running from the Republicans.
[54:16.560 --> 54:19.560]  If someone runs, they don't really expect to get elected.
[54:19.560 --> 54:22.560]  What they're doing is getting their name out.
[54:22.560 --> 54:30.560]  They're getting known so they can go for offices that may not be quite as partisan.
[54:30.560 --> 54:36.560]  But generally the party wants to put someone up to run against them.
[54:36.560 --> 54:41.560]  Behind those guys, they need everything they can get.
[54:41.560 --> 54:43.560]  Mm-hmm.
[54:43.560 --> 54:45.560]  To them.
[54:45.560 --> 54:49.560]  Yeah.
[54:49.560 --> 54:53.560]  Okay. I have one more thing here that I found, too.
[54:53.560 --> 54:59.560]  This goes to that statute that I'm getting the declaratory put in the petition for declaratory judgment.
[54:59.560 --> 55:07.560]  So tell me please, you guys, if I'm reading this right and it applies to whatever file.
[55:07.560 --> 55:16.560]  A statute, court rule, or other authority, including those in effect on the effective date of this subdivision,
[55:16.560 --> 55:27.560]  shall be broadly construed if it furthers the people's right of access and narrowly construed if it limits the right of access.
[55:27.560 --> 55:35.560]  A statute, court rule, or other authority adopted after the effective date of this subdivision that limits the right of access,
[55:35.560 --> 55:47.560]  shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
[55:47.560 --> 55:57.560]  Okay, that was a lot, but essentially what I heard was the presumption will be that the records are public.
[55:57.560 --> 56:00.560]  In favor of the people.
[56:00.560 --> 56:03.560]  It's in favor of the people. This is a statute, court rule.
[56:03.560 --> 56:04.560]  Yes, it's beautiful.
[56:04.560 --> 56:15.560]  And mine's a statute. So maybe I could send this to you guys and read it and let me know if I can insert it somewhere in my response.
[56:15.560 --> 56:29.560]  Absolutely. And there's something else you might want to insert in your response is go to the Texas Open Government Act and read the first paragraph.
[56:29.560 --> 56:39.560]  I don't know who wrote that, but I wish that I were capable of writing something that profound.
[56:39.560 --> 56:43.560]  It's very clear and very well written.
[56:43.560 --> 56:50.560]  The people in delegating power to their government, can you quote that?
[56:50.560 --> 56:54.560]  I used to be able to quote the whole thing.
[56:54.560 --> 57:06.560]  Do not grant the government, do not allow the government to decide what is good for them to know and what is not good for them to know.
[57:06.560 --> 57:08.560]  Here we go. I'll read it to you.
[57:08.560 --> 57:10.560]  Good.
[57:10.560 --> 57:27.560]  552.001. Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people.
[57:27.560 --> 57:32.560]  Now you guys know where I got that.
[57:32.560 --> 57:42.560]  It is the policy of this state that each person is entitled unless otherwise expressly provided by law.
[57:42.560 --> 57:52.560]  Entitled at all times to complete information about the affairs of government and the official acts of public officials and employees.
[57:52.560 --> 58:03.560]  The people in delegating authority do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.
[58:03.560 --> 58:11.560]  The people insist on remaining informed so that they may retain control over the instruments they have created.
[58:11.560 --> 58:17.560]  The provisions of this chapter shall be liberally construed to implement this policy.
[58:17.560 --> 58:26.560]  This chapter shall be liberally construed in favor of granting a request for information.
[58:26.560 --> 58:31.560]  That is chapter 552 of Texas government code.
[58:31.560 --> 58:33.560]  How does that sound Dana?
[58:33.560 --> 58:50.560]  That sounds wonderful and I've got something not nearly as good as that but section A of our Declaration of Rights here says the people have the right to instruct their representatives, petition government for redress of grievances.
[58:50.560 --> 58:54.560]  Would you like to make more definite progress in your walk with God?
[58:54.560 --> 59:06.560]  God's for America is offering a free study Bible and a set of free Christian books that can really help. The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.560 --> 59:13.560]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.560 --> 59:18.560]  The free books are a three volume set called basic elements of the Christian life.
[59:18.560 --> 59:27.560]  Chapter by chapter basic elements of the Christian life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:27.560 --> 59:40.560]  To order your free New Testament recovery version and basic elements of the Christian life, call Bibles for America toll free at 888-551-0102.
[59:40.560 --> 59:49.560]  That's 888-551-0102 or visit us online at bfa.org.
[59:49.560 --> 59:59.560]  Live free speech radio, logosradionetwork.com.
[59:59.560 --> 01:00:05.560]  The following news flash is brought to you by The Low Star Lowdown.
[01:00:05.560 --> 01:00:20.560]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel,
[01:00:20.560 --> 01:00:36.560]  Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31,
[01:00:36.560 --> 01:00:45.560]  and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:45.560 --> 01:00:57.560]  Today in history, the year 1916, the Preparedness Day Bombing, a Thai suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade,
[01:00:57.560 --> 01:00:59.560]  killing 10 and injuring 40.
[01:00:59.560 --> 01:01:04.560]  Today in history.
[01:01:04.560 --> 01:01:18.560]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hempett attacks his law back in June, county prosecutors around the state, including Houston, Austin, San Antonio, have been dropping marijuana possession charges and even refusing to file new ones,
[01:01:18.560 --> 01:01:24.560]  since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.560 --> 01:01:33.560]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.560 --> 01:01:42.560]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas,
[01:01:42.560 --> 01:01:53.560]  and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities too, like the district attorney in El Paso, Kaima Esparza,
[01:01:53.560 --> 01:02:01.560]  a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.560 --> 01:02:08.560]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote,
[01:02:08.560 --> 01:02:22.560]  the law is constantly changing on what makes something illegal based on its chemical makeup. It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.560 --> 01:02:38.560]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:38.560 --> 01:02:53.560]  According to the university paper, the shark secretes a lumus fluid from a gland near its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:53.560 --> 01:03:08.560]  This is Wook Rody with the Lowdown for July 22, 2019.
[01:03:24.560 --> 01:03:38.560]  Okay, we are back. Randy Kelton. We're at the Mountain Rule Vallejo, and we're talking to Tina in California. And Tina, you dove off the cliff there.
[01:03:38.560 --> 01:03:42.560]  I know. I know. Okay, I'll take the blame just this once.
[01:03:42.560 --> 01:03:43.560]  Okay.
[01:03:43.560 --> 01:03:51.560]  I'm a guy, and guys never take responsibility for their bad behavior.
[01:03:51.560 --> 01:03:59.560]  I noticed that. They don't ever want to say, I'm sorry either.
[01:03:59.560 --> 01:04:13.560]  I'll tell you one thing. You've got going. One of the things you've done and being on the show and one of the things that foreclosing on me did for me is it awakened a tiger.
[01:04:13.560 --> 01:04:23.560]  And I was very compliant, truly believed the banks were for us and justice and everything, you know, well, I don't believe the damn word they say anymore.
[01:04:23.560 --> 01:04:28.560]  And I have never read the California Constitution.
[01:04:28.560 --> 01:04:38.560]  I was never told to read it in my four years of college here. Nobody I know and I've talked to has ever read it.
[01:04:38.560 --> 01:04:45.560]  And I'm reading it and I'm learning and that it's opening my eyes.
[01:04:45.560 --> 01:05:01.560]  It's a rough journey. I don't have time to do all the things I need to do to go after these people, but it's really opening my eyes to a lot of shenanigans and how we have the power, but they have kept it from us.
[01:05:01.560 --> 01:05:10.560]  I find that interesting about California. California has about the best body of law that I've ever seen.
[01:05:10.560 --> 01:05:19.560]  It's the only state that's close to Texas as far as having every remedy in law you need.
[01:05:19.560 --> 01:05:29.560]  But in both states, it is extremely difficult to extract that remedy.
[01:05:29.560 --> 01:05:34.560]  Yes, because the courts are so corrupt.
[01:05:34.560 --> 01:05:41.560]  And it is my intent to fix that.
[01:05:41.560 --> 01:05:50.560]  In fact, that they woke you up, they have a tendency to create their own worst enemies.
[01:05:50.560 --> 01:05:58.560]  And I'm doing everything I can to assist them in that regard.
[01:05:58.560 --> 01:06:10.560]  And I have someone else on the guest bridge who is the all-time pro at being their worst enemy.
[01:06:10.560 --> 01:06:12.560]  Hello, Leslie.
[01:06:12.560 --> 01:06:14.560]  Hi, how are you?
[01:06:14.560 --> 01:06:18.560]  I am good. You have talked to Tina before, haven't you?
[01:06:18.560 --> 01:06:21.560]  Yes, I have.
[01:06:21.560 --> 01:06:24.560]  Yeah, we've talked on the phone a couple of times.
[01:06:24.560 --> 01:06:33.560]  But that is interesting in California because when you have a violation of your civil rights by a judge,
[01:06:33.560 --> 01:06:40.560]  you can sue them for three times their salary, their annual salary.
[01:06:40.560 --> 01:06:45.560]  That's in the statute. I don't know which one, but I know you can.
[01:06:45.560 --> 01:06:50.560]  I know someone who did.
[01:06:50.560 --> 01:06:58.560]  You have to find that suit and get it to Tina because if he did, he's already here,
[01:06:58.560 --> 01:07:02.560]  he or her has already done most of the research.
[01:07:02.560 --> 01:07:06.560]  And we definitely believe in plagiarism here.
[01:07:06.560 --> 01:07:12.560]  Yeah, I don't know if he can access them on his computer,
[01:07:12.560 --> 01:07:19.560]  but I can give him Tina's email address and have him forward her anything that he has.
[01:07:19.560 --> 01:07:26.560]  Just send the case information. We can look that up.
[01:07:26.560 --> 01:07:28.560]  Okay.
[01:07:28.560 --> 01:07:34.560]  Because one of the things, I'm going to implement the traffic tool,
[01:07:34.560 --> 01:07:40.560]  and in that, I will start building civil suits.
[01:07:40.560 --> 01:07:49.560]  I want to find the quickest and easiest way to file suit and drag them into court.
[01:07:49.560 --> 01:07:59.560]  Their problem is no matter what court you bring them into, they have to pay lawyers to write pleadings.
[01:07:59.560 --> 01:08:02.560]  And that gets expensive.
[01:08:02.560 --> 01:08:12.560]  Once we get them into court, and Leslie is certainly aware of this, we can keep them into court until everybody gets old.
[01:08:12.560 --> 01:08:14.560]  Amen.
[01:08:14.560 --> 01:08:17.560]  It costs them a fortune.
[01:08:17.560 --> 01:08:22.560]  How do you get that to happen when I would imagine that they would just want to dismiss it and say,
[01:08:22.560 --> 01:08:25.560]  oh, that's frivolous. We're not going to deal with that.
[01:08:25.560 --> 01:08:27.560]  Who cares? Go ahead.
[01:08:27.560 --> 01:08:32.560]  Then we will file for finding some facts and conclusions in law.
[01:08:32.560 --> 01:08:40.560]  And if it's outside the JP, like the JP courts, even if it's in the JP court,
[01:08:40.560 --> 01:08:48.560]  it doesn't make any difference because we have, let's see, Walker V. Packer that says,
[01:08:48.560 --> 01:08:59.560]  a judge has no discretion in properly applying the law to the facts. A failure to do so is an abuse of discretion.
[01:08:59.560 --> 01:09:09.560]  Then I have 39.03 that says, essentially, that if a judge abuses his discretion in the process to not decision-form free access to or enjoyment of right,
[01:09:09.560 --> 01:09:16.560]  if a public official exerts or purports to exert an authority he does not have
[01:09:16.560 --> 01:09:22.560]  or fails to perform a duty he's required to perform,
[01:09:22.560 --> 01:09:26.560]  fails to properly apply the law to the facts.
[01:09:26.560 --> 01:09:31.560]  And in the process to not a citizen-form free access to or enjoyment of right, that's crime.
[01:09:31.560 --> 01:09:34.560]  Right straight to the grand jury.
[01:09:34.560 --> 01:09:38.560]  They ask for finding the facts and conclusions. They say, well, we don't have to produce that.
[01:09:38.560 --> 01:09:46.560]  File criminally against them immediately because it produces the adverse inference that they did not produce.
[01:09:46.560 --> 01:09:50.560]  They did not apply the law to the facts.
[01:09:50.560 --> 01:10:01.560]  Give them for a grand jury quickly or at least start that process because whether you get there or not, that's political.
[01:10:01.560 --> 01:10:06.560]  It's always a crap shoot.
[01:10:06.560 --> 01:10:13.560]  I got all the highest judges in Texas put in front of a grand jury once and did not get them indicted.
[01:10:13.560 --> 01:10:19.560]  But what I complained about does not happen in Texas anymore.
[01:10:19.560 --> 01:10:22.560]  That stopped immediately.
[01:10:22.560 --> 01:10:25.560]  It was absurd. It was ridiculous.
[01:10:25.560 --> 01:10:30.560]  They asked for a motion for leave to file.
[01:10:30.560 --> 01:10:37.560]  Brett, have you ever been asked for a motion for leave to file anything?
[01:10:37.560 --> 01:10:39.560]  No, I never have.
[01:10:39.560 --> 01:10:45.560]  This was a motion for leave to file a habeas corpus of all things.
[01:10:45.560 --> 01:10:47.560]  That's pretty ballsy of them.
[01:10:47.560 --> 01:10:51.560]  The great writ, the writ of right.
[01:10:51.560 --> 01:10:55.560]  And they had been doing this for years.
[01:10:55.560 --> 01:10:59.560]  Nobody raised a red flag.
[01:10:59.560 --> 01:11:02.560]  This is insane.
[01:11:02.560 --> 01:11:10.560]  It took a disgruntled old buzzard to raise this objection.
[01:11:10.560 --> 01:11:12.560]  We need more people.
[01:11:12.560 --> 01:11:17.560]  We have people out there that are willing to do this. They just don't have the tools.
[01:11:17.560 --> 01:11:19.560]  So I'm ready.
[01:11:19.560 --> 01:11:22.560]  I've got my other tools in place.
[01:11:22.560 --> 01:11:27.560]  I have the SEC code up, up and online and working.
[01:11:27.560 --> 01:11:33.560]  It's my minimum viable product, which I've been needing a long time.
[01:11:33.560 --> 01:11:39.560]  And now I can start to go for some more serious tools.
[01:11:39.560 --> 01:11:42.560]  We implement this traffic site.
[01:11:42.560 --> 01:11:49.560]  And what I need, Leslie, I need research in Arizona.
[01:11:49.560 --> 01:11:52.560]  Damn, I need research in California.
[01:11:52.560 --> 01:11:56.560]  Just for traffic. Just basic traffic stuff.
[01:11:56.560 --> 01:12:01.560]  We can shut them down.
[01:12:01.560 --> 01:12:03.560]  Consider what we can do.
[01:12:03.560 --> 01:12:09.560]  Yeah, we've been doing this show for a long time and we come up with all kinds of cool stuff.
[01:12:09.560 --> 01:12:14.560]  But we don't have a single repository for it.
[01:12:14.560 --> 01:12:25.560]  And even if we did, we don't have something to tell us when each of these tools are indicated.
[01:12:25.560 --> 01:12:28.560]  That's what the questionnaire is about.
[01:12:28.560 --> 01:12:37.560]  The questionnaire builds a structural backbone so that you follow through the steps in the questionnaire.
[01:12:37.560 --> 01:12:46.560]  And when you get to a point to where something is implicated, then the system just spits it out.
[01:12:46.560 --> 01:12:50.560]  Like you follow all these, do you get a ticket? You follow all these documents.
[01:12:50.560 --> 01:12:55.560]  You go to court. The judge just denies all of them.
[01:12:55.560 --> 01:12:57.560]  You come back and it asks a question.
[01:12:57.560 --> 01:13:07.560]  In this document, at this location, did the judge rule specifically on this issue?
[01:13:07.560 --> 01:13:10.560]  No? That gets a criminal complaint.
[01:13:10.560 --> 01:13:16.560]  The judicial conduct complaint, a bar grievance against the prosecutor for not telling the judge he had to.
[01:13:16.560 --> 01:13:26.560]  Okay, next, the way I read the code, each one of those is a separate violation.
[01:13:26.560 --> 01:13:34.560]  Each issue, if there's a single issue he doesn't address, that's going to be the issue that would get you exonerated
[01:13:34.560 --> 01:13:37.560]  and that's why he doesn't address it.
[01:13:37.560 --> 01:13:42.560]  If he misses one issue, criminal complaint, judicial conduct complaint,
[01:13:42.560 --> 01:13:49.560]  motion to disqualify, motion to recuse, there's probably a couple more we can throw in there.
[01:13:49.560 --> 01:13:54.560]  And the system will spit them out as a matter, of course.
[01:13:54.560 --> 01:13:58.560]  So they go to the court. The judge does all these stuff.
[01:13:58.560 --> 01:14:08.560]  They come back, go through the questionnaire, and the next day, the first day they come in with about 150, 60 pages of documents.
[01:14:08.560 --> 01:14:16.560]  After the first hearing, they come back with a bigger stack, a meaner, uglier stack.
[01:14:16.560 --> 01:14:21.560]  Now we're going for everybody's throat.
[01:14:21.560 --> 01:14:27.560]  Then you wait for the next hearing to see how that one works out.
[01:14:27.560 --> 01:14:36.560]  What do you think is going to happen when the judges start getting these?
[01:14:36.560 --> 01:14:40.560]  The guy in Houston filed my documents.
[01:14:40.560 --> 01:14:48.560]  They went into the hearing. It wasn't in Houston Properties and it's one of the municipalities down there.
[01:14:48.560 --> 01:14:55.560]  He filed the documents, they went into the hearing, and the first thing he asked for was a preliminary hearing.
[01:14:55.560 --> 01:15:05.560]  And the judge had apparently read the documents because he granted the continuance and set a date for the examining trial.
[01:15:05.560 --> 01:15:11.560]  I haven't heard from the guy since then, but I don't know what happened. Good chance they just dismissed it.
[01:15:11.560 --> 01:15:14.560]  Was this in a Class C misdemeanor?
[01:15:14.560 --> 01:15:20.560]  Class C misdemeanor. The judge read the documents.
[01:15:20.560 --> 01:15:28.560]  I don't believe our judges are as bad as we have been led to believe.
[01:15:28.560 --> 01:15:35.560]  The judge read the documents, looked at that, and apparently said, these guys are right.
[01:15:35.560 --> 01:15:38.560]  This is what the law says.
[01:15:38.560 --> 01:15:45.560]  And he did what the law said. I have no doubt. I know a number of people who are judges.
[01:15:45.560 --> 01:15:51.560]  And all but one, I respect highly.
[01:15:51.560 --> 01:15:57.560]  Mark Autry, he was a Baptist preacher among other things.
[01:15:57.560 --> 01:16:01.560]  The sheriff's captain in the sheriff's department.
[01:16:01.560 --> 01:16:03.560]  And then he became a JP.
[01:16:03.560 --> 01:16:09.560]  I believe that Mark Autry would do what he believed was right if it hair lit the Pope.
[01:16:09.560 --> 01:16:11.560]  And he was a judge.
[01:16:11.560 --> 01:16:22.560]  He followed these flawed policies because he could not bring himself to accept that I was right and everybody else is wrong.
[01:16:22.560 --> 01:16:24.560]  He asked me that question.
[01:16:24.560 --> 01:16:31.560]  I've been doing this for 20 years and you're telling me, Mr. Kelkin, that everybody in Texas is wrong and you're right.
[01:16:31.560 --> 01:16:33.560]  They don't ask me, Mark.
[01:16:33.560 --> 01:16:36.560]  Just read the code. That's all I did.
[01:16:36.560 --> 01:16:40.560]  He could not bring himself. So we just have to convince him. We have to demonstrate to him.
[01:16:40.560 --> 01:16:45.560]  I think they will begin to come around if we hammer them hard enough.
[01:16:45.560 --> 01:16:47.560]  Hang on.
[01:16:47.560 --> 01:16:49.560]  Brett's coming.
[01:16:49.560 --> 01:16:52.560]  Brett Fountain, we'll allow radio.
[01:16:52.560 --> 01:16:54.560]  We'll be right back.
[01:17:23.560 --> 01:17:26.560]  How to answer letters and phone calls.
[01:17:26.560 --> 01:17:28.560]  How to get debt collectors out of your credit report.
[01:17:28.560 --> 01:17:33.560]  How to turn the financial tables on them and make them pay you to go away.
[01:17:33.560 --> 01:17:38.560]  The Michael Mirris proven method is the solution for how to stop debt collectors.
[01:17:38.560 --> 01:17:40.560]  Personal consultation is available as well.
[01:17:40.560 --> 01:17:49.560]  For more information, please visit ruleoflongradio.com and click on the blue Michael Mirris banner or email Michael Mirris at yahoo.com.
[01:17:49.560 --> 01:17:57.560]  That's ruleoflongradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:17:57.560 --> 01:18:00.560]  To learn how to stop debt collectors now.
[01:18:00.560 --> 01:18:04.560]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends.
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[01:19:31.560 --> 01:19:34.560]  Okay, we are back.
[01:19:34.560 --> 01:19:37.560]  Randy Kelton at Fountainsville Law Radio.
[01:19:37.560 --> 01:19:43.560]  I know it sounded like I was kind of preaching there, but I was.
[01:19:43.560 --> 01:19:47.560]  I was preaching the gospel according to Randy.
[01:19:47.560 --> 01:19:57.560]  I really believe that if we can get this put together and start implementing it,
[01:19:57.560 --> 01:20:08.560]  I try to figure out, you know, I like to play chess and I like to play about six moves.
[01:20:08.560 --> 01:20:16.560]  When you get to the six moves, both players get up and walk around the other side of the table.
[01:20:16.560 --> 01:20:24.560]  You will be surprised at how different the game looks from the other person's perspective.
[01:20:24.560 --> 01:20:32.560]  So when you take on an enemy, you need to understand what the enemy is going to do.
[01:20:32.560 --> 01:20:37.560]  In combat, the last thing you want is to be surprised.
[01:20:37.560 --> 01:20:43.560]  Well, what are they going to do, Brett?
[01:20:43.560 --> 01:20:56.560]  When I take their law, the way they use their law and turn it against them, how are they going to defend against it?
[01:20:56.560 --> 01:21:05.560]  Well, the only thing they have that I've seen them pull out is they try to go to some case law that's based on old repealed statute,
[01:21:05.560 --> 01:21:09.560]  and they wave that around like they've got something to play with.
[01:21:09.560 --> 01:21:13.560]  Okay, how do we hammer them for that?
[01:21:13.560 --> 01:21:19.560]  Well, I don't know from first hand experience how effective it has been.
[01:21:19.560 --> 01:21:22.560]  I've vargaried them for it.
[01:21:22.560 --> 01:21:27.560]  I've written documents that just grip them to shreds to embarrass them in front of their colleagues.
[01:21:27.560 --> 01:21:30.560]  I talk about their incompetence.
[01:21:30.560 --> 01:21:36.560]  I just point out the law and say, what, you keep up with how fast the law is moving.
[01:21:36.560 --> 01:21:39.560]  In the last two decades, this was repealed.
[01:21:39.560 --> 01:21:44.560]  Our legislature fixed this, and you still want to do it the unconstitutional way?
[01:21:44.560 --> 01:21:55.560]  And I've vargaried the partners of their law firms, and I do see that the attorneys that do this end up disappearing and switching out for a different attorney.
[01:21:55.560 --> 01:22:00.560]  So that's an indicator to me that something's effective.
[01:22:00.560 --> 01:22:07.560]  That's probably the only and best indication you're going to get.
[01:22:07.560 --> 01:22:20.560]  If you've figured out a way to sting them really good, the last thing they want is for you to have confirmation that you stung them good.
[01:22:20.560 --> 01:22:24.560]  I keep telling the story of Ken Magnuson.
[01:22:24.560 --> 01:22:26.560]  This is before he got into all this.
[01:22:26.560 --> 01:22:31.560]  He had a lawyer that screwed him around, and his brother was a lawyer.
[01:22:31.560 --> 01:22:36.560]  And I think the brother may have told him about bar grievances because he filed a grievance against him.
[01:22:36.560 --> 01:22:43.560]  Some four or five years later, he was acting as an election judge.
[01:22:43.560 --> 01:22:55.560]  And he was introduced to one of the other election judges, and this guy was ahead of a law firm that this lawyer, Ken Grieft, was trying to become a partner in.
[01:22:55.560 --> 01:23:04.560]  And he recognized the name, and he mentioned this lawyer's name, and he said he filed a bar grievance against him, but it didn't do any good.
[01:23:04.560 --> 01:23:15.560]  He said, this head of this law firm leaned across the table and said, Mr. Magnuson, you hurt him far more than you can imagine.
[01:23:15.560 --> 01:23:25.560]  They're not going to tell you, and I take that to mean he did not get a position with that law firm.
[01:23:25.560 --> 01:23:31.560]  That's probably the biggest problem it causes for lawyers.
[01:23:31.560 --> 01:23:42.560]  Another law firm hire one of these lawyers, and he's got two or three bar grievances against him. It doesn't matter what they are. Nobody cares.
[01:23:42.560 --> 01:23:48.560]  They hire this guy. They give him a case. He loses. The client finds out he's got a couple of war grievances against him.
[01:23:48.560 --> 01:23:58.560]  What are you doing sending me this chump? Then he sues the law firm for giving him this incompetent lawyer.
[01:23:58.560 --> 01:24:05.560]  That's where the real harm is, and that's why these lawyers disappear.
[01:24:05.560 --> 01:24:11.560]  They cannot afford to get another bar grievance.
[01:24:11.560 --> 01:24:26.560]  That's even if, simultaneously, we are getting a letter back from the state bar saying, well, we've conducted an initial review and the grievance is classified as an inquiry and dismissed.
[01:24:26.560 --> 01:24:33.560]  Your insurance carrier does not care.
[01:24:33.560 --> 01:24:40.560]  They're not going to classify it as an inquiry, and that's something we may need to work on in Texas.
[01:24:40.560 --> 01:24:52.560]  We may need to file a complaint against the bar and bring the bar to the supreme like Tina has done.
[01:24:52.560 --> 01:24:54.560]  That's right.
[01:24:54.560 --> 01:25:01.560]  Because it is the supreme that licenses attorneys in Texas.
[01:25:01.560 --> 01:25:14.560]  After I got one of these responses back from the bar saying that it didn't seem to violate any disciplinary rules of professional conduct,
[01:25:14.560 --> 01:25:18.560]  well, I had been very clear on how it did.
[01:25:18.560 --> 01:25:32.560]  The next bar grievance was to that lawyer, the assistant that was sending out the letters to tell everybody, and I accused her of incompetence.
[01:25:32.560 --> 01:25:43.560]  Obviously, the task at hand required literacy, basic reading comprehension and simple comparative logic, and she had flagrant ineptitude regarding these three critical competencies for her job.
[01:25:43.560 --> 01:25:55.560]  And so, therefore, she accepted or continued employment in a legal matter, which the lawyer knew or should have known as beyond the lawyer's competence.
[01:25:55.560 --> 01:26:04.560]  That's a violation of disciplinary rule 1.01A.
[01:26:04.560 --> 01:26:11.560]  Maybe we need a public site.
[01:26:11.560 --> 01:26:22.560]  I'm putting together some YouTube videos to try to get out what I'm doing here on rule of law.
[01:26:22.560 --> 01:26:29.560]  And if we can get a following, that's very powerful.
[01:26:29.560 --> 01:26:40.560]  Scott was on earlier, and he videotaped the cops dragging him through his window, and that got over a million hits.
[01:26:40.560 --> 01:26:44.560]  I think it's 1.8 million hits.
[01:26:44.560 --> 01:26:49.560]  And it got everybody really, really excited.
[01:26:49.560 --> 01:27:03.560]  Maybe we could put together a YouTube channel and mirror it on another channel because YouTube keeps blocking stuff that is, anyway, controversial.
[01:27:03.560 --> 01:27:19.560]  And give people a place to go to read these kinds of documents or hear them better to hear them presented on YouTube because it sounds better when you present it this way.
[01:27:19.560 --> 01:27:24.560]  I'm just brainstorming here on how to go after them.
[01:27:24.560 --> 01:27:28.560]  Tina, got the input on this?
[01:27:28.560 --> 01:27:34.560]  Well, I wish I had enough time to be one of those who are heading it.
[01:27:34.560 --> 01:27:42.560]  But I think we've got to. I think we've got to do everything we can with what little time we have.
[01:27:42.560 --> 01:27:48.560]  That's why I'm trying to do this fight with your encouragement.
[01:27:48.560 --> 01:27:59.560]  You know, I wish I could devote 24-7 to it, but I can't. But I just found something else I want to ask you guys about that. You said go to our California Republican rat.
[01:27:59.560 --> 01:28:05.560]  Out of 53 representatives, only seven are Republican.
[01:28:05.560 --> 01:28:08.560]  Not in my district, but one.
[01:28:08.560 --> 01:28:18.560]  Any Republican candidate in California is probably looking for something they can wave around.
[01:28:18.560 --> 01:28:21.560]  Some kind of mud they can slay.
[01:28:21.560 --> 01:28:35.560]  And the courts, you know, the one state that's supposed to be the most progressive appears to be me to be the most corrupt.
[01:28:35.560 --> 01:28:47.560]  Well, here's something that we might get a representative interested in, because if they were to do go for this, it would affect hundreds of thousands of people in California.
[01:28:47.560 --> 01:28:55.560]  And they'll be happy because, you know, we are a nonjudicial state. So that means they can take our house nonjudically.
[01:28:55.560 --> 01:29:14.560]  And section seven of our Declaration of Rights, it says a person may not be deprived of life or liberty or property without due process of law or deniety for protection of the law, provided that nothing contains her in or elsewhere in this
[01:29:14.560 --> 01:29:27.560]  state of California, but if they can take our property nonjudicially, isn't that being deprived of our property without due process?
[01:29:27.560 --> 01:29:36.560]  Well, not the fact that it's nonjudicial. The fact that the judges do not apply the law to the facts.
[01:29:36.560 --> 01:29:46.560]  Hang on. About to go to break. Randy Helton, Brett Fountain, Rudolaw Radio, a caller number 512-646-1984.
[01:29:46.560 --> 01:30:00.560]  And keep in mind, we have our fundraiser going, so go to Logos Radio Network and just donate a dollar a month would help greatly. We'll be right back.
[01:30:00.560 --> 01:30:12.560]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing. But now researchers say we can add stress to the list.
[01:30:12.560 --> 01:30:16.560]  I'm Dr. Catherine Albrecht. Back with details in a moment.
[01:30:16.560 --> 01:30:34.560]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too. So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[01:30:34.560 --> 01:30:45.560]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:30:45.560 --> 01:30:56.560]  Are you always on the go and juggling multiple projects? If so, you might think that multitasking proves you're smart. But think again, all that stress might be eating your brain.
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[01:31:21.560 --> 01:31:31.560]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.560 --> 01:31:36.560]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.560 --> 01:31:43.560]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.560 --> 01:31:46.560]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.560 --> 01:31:49.560]  Thousands of my fellow first responders are dying.
[01:31:49.560 --> 01:31:50.560]  I'm not a conspiracy theorist.
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[01:33:27.560 --> 01:33:29.560]  Okay, we are back.
[01:33:29.560 --> 01:33:39.560]  Randy Kelton, Brett Fountain Rule of Law Radio on this Friday, the 26th day of July, 2019.
[01:33:39.560 --> 01:33:41.560]  And we're talking to Tina.
[01:33:41.560 --> 01:33:43.560]  Okay, Tina, do you have anything else?
[01:33:43.560 --> 01:33:46.560]  I think we've kind of covered this subject.
[01:33:46.560 --> 01:33:47.560]  I think so.
[01:33:47.560 --> 01:33:51.560]  I'm just going to send you this Constitution Declaration of Rights.
[01:33:51.560 --> 01:33:52.560]  You can read it.
[01:33:52.560 --> 01:33:56.560]  Make sure I can put this in because I've got them ready to send off.
[01:33:56.560 --> 01:33:58.560]  I was writing them this morning.
[01:33:58.560 --> 01:34:05.560]  And, you know, I want to polish them up a little bit, but let's go get them.
[01:34:05.560 --> 01:34:15.560]  Okay, then let's get the requests off for the clerks who worked or who researched your issue.
[01:34:15.560 --> 01:34:21.560]  Okay, thank you, Tina.
[01:34:21.560 --> 01:34:24.560]  Now we're going to go to Ms. Leslie.
[01:34:24.560 --> 01:34:28.560]  Leslie, you have a lot of stuff going on.
[01:34:28.560 --> 01:34:30.560]  Yeah, I don't know how I keep my head on straight.
[01:34:30.560 --> 01:34:34.560]  And I had jury duty this week.
[01:34:34.560 --> 01:34:37.560]  I cannot get them to call me for a jury.
[01:34:37.560 --> 01:34:40.560]  They call my son two or three times.
[01:34:40.560 --> 01:34:45.560]  Well, from what I hear, every two years you get called without fail.
[01:34:45.560 --> 01:34:48.560]  They really run insured on people.
[01:34:48.560 --> 01:34:52.560]  But anyway, I got a surprise when I got back to jury duty.
[01:34:52.560 --> 01:35:00.560]  There was an order entered into my arbitration confirmation case.
[01:35:00.560 --> 01:35:05.560]  But it was real confusing because it said I had to order a...
[01:35:05.560 --> 01:35:07.560]  I had to file a complaint.
[01:35:07.560 --> 01:35:08.560]  I had no summonses.
[01:35:08.560 --> 01:35:09.560]  They had to be served.
[01:35:09.560 --> 01:35:11.560]  They had 90 days to...
[01:35:11.560 --> 01:35:15.560]  We had 90 days to serve them, et cetera and so forth.
[01:35:15.560 --> 01:35:23.560]  So what I did is I prepared a motion to vacate that order and motion
[01:35:23.560 --> 01:35:33.560]  for final judgment on confirmation of the arbitration agreement,
[01:35:33.560 --> 01:35:36.560]  arbitration order award.
[01:35:36.560 --> 01:35:42.560]  And those will be filed next week as soon as we get the affidavits back
[01:35:42.560 --> 01:35:46.560]  from the U.S. Marshals Service that service has been completed.
[01:35:46.560 --> 01:35:51.560]  And basically it'll tell the judge it's very confusing.
[01:35:51.560 --> 01:35:58.560]  The order is confusing because this is the next part, say, procedure.
[01:35:58.560 --> 01:36:06.560]  That they do need to be served with a subpoena for jurisdiction of the court.
[01:36:06.560 --> 01:36:13.560]  They only need to be served with a notice of application for confirmation
[01:36:13.560 --> 01:36:15.560]  of the arbitration award.
[01:36:15.560 --> 01:36:16.560]  That's it.
[01:36:16.560 --> 01:36:20.560]  And as soon as they're filed, as soon as they're searched,
[01:36:20.560 --> 01:36:25.560]  the court has every ability to make a final confirmation.
[01:36:25.560 --> 01:36:31.560]  And there is no, what would you call, discretion involved
[01:36:31.560 --> 01:36:37.560]  because they ignored all of the notices.
[01:36:37.560 --> 01:36:43.560]  My lawyer was astounded at the amount of notice that I sent them
[01:36:43.560 --> 01:36:48.560]  for each stage of the way and that they ignored.
[01:36:48.560 --> 01:36:52.560]  So he said that there should be no problem that they waived all rights
[01:36:52.560 --> 01:36:58.560]  to a judicial challenge to the confirmation.
[01:36:58.560 --> 01:37:03.560]  So that's on my arbitration award.
[01:37:03.560 --> 01:37:06.560]  Now I have friends, Mr. and Mrs. James,
[01:37:06.560 --> 01:37:11.560]  and they have an interesting foreclosure case.
[01:37:11.560 --> 01:37:15.560]  Their case started out as simple as a quiet title,
[01:37:15.560 --> 01:37:21.560]  and the reason was because the mortgage that they had
[01:37:21.560 --> 01:37:25.560]  against their property was not against property that they owned.
[01:37:25.560 --> 01:37:31.560]  They had a mortgage and the block and lot numbers were completely different.
[01:37:31.560 --> 01:37:36.560]  And then he, when they figured it out,
[01:37:36.560 --> 01:37:40.560]  the property was only in Mr. James's name,
[01:37:40.560 --> 01:37:45.560]  so he put Mrs. James as the owner of the property that they did own,
[01:37:45.560 --> 01:37:47.560]  and it went into foreclosure.
[01:37:47.560 --> 01:37:58.560]  Well, when they filed in a case to the plaintiff,
[01:37:58.560 --> 01:38:05.560]  they filed, and it was supposed to go to share fail,
[01:38:05.560 --> 01:38:07.560]  they filed an objection,
[01:38:07.560 --> 01:38:14.560]  and filed the reason for the objection is that the block and block numbers
[01:38:14.560 --> 01:38:24.560]  were not the sheriff's, what do you call it,
[01:38:24.560 --> 01:38:27.560]  the writ to go to the share fail was not the same as those
[01:38:27.560 --> 01:38:29.560]  that they foreclosed upon.
[01:38:29.560 --> 01:38:31.560]  And now it's in the court of appeal.
[01:38:31.560 --> 01:38:33.560]  So while they're doing all of this,
[01:38:33.560 --> 01:38:44.560]  they filed, and I did, and they got a confirmation, a final arbitration award.
[01:38:44.560 --> 01:38:48.560]  Well, it seems that the arbitration company waited a month
[01:38:48.560 --> 01:38:53.560]  and then filed, sent them a copy for the final arbitration award,
[01:38:53.560 --> 01:38:57.560]  and as soon as they got the receipt of that,
[01:38:57.560 --> 01:39:03.560]  for some reason the servicer sent it to their foreclosure attorneys
[01:39:03.560 --> 01:39:12.560]  and the foreclosure court sent it into the foreclosure court without any motion.
[01:39:12.560 --> 01:39:16.560]  Wait a minute, you broke up there, say that again?
[01:39:16.560 --> 01:39:25.560]  The attorneys for the servicer in the foreclosure sent it to the foreclosure court
[01:39:25.560 --> 01:39:32.560]  and filed it in the foreclosure action without any motion at all.
[01:39:32.560 --> 01:39:38.560]  No motion to vacate, no motion to modify, no motion to amend.
[01:39:38.560 --> 01:39:40.560]  So what did he file?
[01:39:40.560 --> 01:39:43.560]  Just did he file it as an exhibit?
[01:39:43.560 --> 01:39:45.560]  Yeah, he just filed.
[01:39:45.560 --> 01:39:56.560]  And I told her, I said, all you have to do is let it sit there for another 45 days, or 60, 75 days,
[01:39:56.560 --> 01:40:01.560]  and then you can go in and file a motion for confirmation.
[01:40:01.560 --> 01:40:09.560]  That's very simple, and they cannot object if you do it after 90 days, after they receive it.
[01:40:09.560 --> 01:40:16.560]  That's automatic, because it cannot be changed or vacated.
[01:40:16.560 --> 01:40:19.560]  So the lawyer did something, and now he thinks he's done something.
[01:40:19.560 --> 01:40:27.560]  Yeah, but he's probably not aware that what he did doesn't do anything.
[01:40:27.560 --> 01:40:29.560]  Exactly.
[01:40:29.560 --> 01:40:32.560]  He says, we do not believe, the letters to his attorney said,
[01:40:32.560 --> 01:40:36.560]  we do not believe it is legitimate or binding on anyway.
[01:40:36.560 --> 01:40:39.560]  So we should be glad to accordingly.
[01:40:39.560 --> 01:40:44.560]  So she told her lawyer, just forget it, ignore it, and we're going to ignore it,
[01:40:44.560 --> 01:40:48.560]  and then in 75 days we'll go in there and we'll file a motion.
[01:40:48.560 --> 01:40:52.560]  That's all.
[01:40:52.560 --> 01:40:53.560]  So that's what...
[01:40:53.560 --> 01:41:00.560]  It sounds like this is something unusual that the lawyers are not accustomed to be aware of.
[01:41:00.560 --> 01:41:02.560]  Neither are the judges.
[01:41:02.560 --> 01:41:08.560]  So he put in my case, he told me that I had no summons, that I had to put a summons,
[01:41:08.560 --> 01:41:10.560]  and there's no summons required.
[01:41:10.560 --> 01:41:15.560]  All you have to do is file them a notice that you filed an application for confirmation.
[01:41:15.560 --> 01:41:17.560]  That's it.
[01:41:17.560 --> 01:41:20.560]  And they wanted us to have a, what do you call it?
[01:41:20.560 --> 01:41:26.560]  Is it a Rule 26 meeting to plan out for the next 18 months and stuff?
[01:41:26.560 --> 01:41:30.560]  No, we're not going to do that.
[01:41:30.560 --> 01:41:38.560]  The judge apparently has no power to make that determination.
[01:41:38.560 --> 01:41:42.560]  Well, the judge in my case, all he did was he says,
[01:41:42.560 --> 01:41:48.560]  well, we have to file, we have to have a case management meeting.
[01:41:48.560 --> 01:41:50.560]  What's a case management meeting?
[01:41:50.560 --> 01:41:54.560]  What all you got to do is sign a confirmation.
[01:41:54.560 --> 01:41:56.560]  What case?
[01:41:56.560 --> 01:41:58.560]  That's another thing.
[01:41:58.560 --> 01:42:08.560]  The judge has no power to require these actions because these actions are not consistent with the case.
[01:42:08.560 --> 01:42:11.560]  Right. It's an extra case.
[01:42:11.560 --> 01:42:16.560]  Lawyers only do what lawyers do.
[01:42:16.560 --> 01:42:21.560]  If a lawyer is a DUI attorney, all he does is DUI.
[01:42:21.560 --> 01:42:25.560]  And he knows all the ins and outs of DUI.
[01:42:25.560 --> 01:42:30.560]  Other than DUI, he don't know squat.
[01:42:30.560 --> 01:42:37.560]  It's my opinion that Westlaw and Lexus ruined the practice of law.
[01:42:37.560 --> 01:42:48.560]  Because instead of being able to go to a legal encyclopedia and find 15 or 20 controlling cases on an issue.
[01:42:48.560 --> 01:42:50.560]  That used to be the case.
[01:42:50.560 --> 01:42:53.560]  And then the encyclopedia was republished every couple of years.
[01:42:53.560 --> 01:42:58.560]  So you could know all the cases, the controlling cases on a particular issue.
[01:42:58.560 --> 01:43:04.560]  Westlaw, when they came out, they said, you don't have to depend on these 20 cases.
[01:43:04.560 --> 01:43:08.560]  You can search our database and find 10,000.
[01:43:08.560 --> 01:43:12.560]  After that, the lawyers, they couldn't find all the cases.
[01:43:12.560 --> 01:43:18.560]  So they only worked in tiny little areas where they knew everything about that area.
[01:43:18.560 --> 01:43:21.560]  They weren't surprised in court.
[01:43:21.560 --> 01:43:24.560]  What you're doing is exploiting that.
[01:43:24.560 --> 01:43:27.560]  Hang on, we'll talk about exploiting that on the other side.
[01:43:27.560 --> 01:43:32.560]  Randy Kelton, Brett Fountain, Real Law Radio.
[01:43:32.560 --> 01:43:38.560]  Oh, still got 26 seconds. I'm a little ahead of myself.
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[01:46:21.560 --> 01:46:28.560]  Let's see if we can hear you better.
[01:46:28.560 --> 01:46:33.560]  We're having a little trouble with the radio.
[01:46:33.560 --> 01:46:36.560]  I'm going to turn it off.
[01:46:36.560 --> 01:46:39.560]  I'm going to turn it off.
[01:46:39.560 --> 01:46:42.560]  I'm going to turn it off.
[01:46:42.560 --> 01:46:45.560]  I'm going to turn it off.
[01:46:45.560 --> 01:46:48.560]  I'm going to turn it off.
[01:46:48.560 --> 01:46:55.560]  Let's see if we can hear you better. We're having a little trouble before the break with some breaking up.
[01:46:55.560 --> 01:46:58.560]  Okay.
[01:46:58.560 --> 01:47:02.560]  All right. Now, I have two more cases to talk about.
[01:47:02.560 --> 01:47:08.560]  My friend Adrian, I don't know if you remember me talking about him. He has the Dragon Eddie suit going on.
[01:47:08.560 --> 01:47:15.560]  Well, this isn't about the Dragon Eddie suit. He's still been in foreclosure since 2010.
[01:47:15.560 --> 01:47:21.560]  So they finally got in a summary judgment.
[01:47:21.560 --> 01:47:26.560]  And the interesting thing is he never signed the mortgage.
[01:47:26.560 --> 01:47:34.560]  They had a signed a mortgage with him and his wife, and that was never recorded.
[01:47:34.560 --> 01:47:50.560]  Someone took that mortgage and converted it so only his name was on it and recorded that and had it notarized by a notary down in Maryland somewhere.
[01:47:50.560 --> 01:47:53.560]  That's about four hours from his house.
[01:47:53.560 --> 01:48:00.560]  So that mortgage he's being foreclosed upon is a complete forgery he never signed.
[01:48:00.560 --> 01:48:09.560]  So when they got the summary judgment motion, he put in a counter motion that, you know, he was a quiet title because he never signed that.
[01:48:09.560 --> 01:48:15.560]  And the one that they did sign is poison quiet so that there's no real mortgage against the property.
[01:48:15.560 --> 01:48:28.560]  They stole the money that was supposed to be used to record the deed that transferred it into him as his wife's name from solely him because he was going to be married in two weeks.
[01:48:28.560 --> 01:48:35.560]  They made him pay a transfer fee which was equal to 2% of the value at a home, which was about $12,000.
[01:48:35.560 --> 01:48:41.560]  So whoever did that embezzled the money and recorded a forgery.
[01:48:41.560 --> 01:48:49.560]  So they're going now into the Court of Appeals and that was filed today, the appellate brief, and I'm very happy with it.
[01:48:49.560 --> 01:48:51.560]  It looks like I wrote it.
[01:48:51.560 --> 01:48:57.560]  I probably did write most of it from all of the notes that I sent as attorney.
[01:48:57.560 --> 01:48:59.560]  Good, good.
[01:48:59.560 --> 01:49:01.560]  So I'm very happy with that.
[01:49:01.560 --> 01:49:21.560]  The same attorney emailed me this morning or yesterday and said that they had won on another case that was a foreclosure and they had a writ of, let me see, what do they call it, possession?
[01:49:21.560 --> 01:49:29.560]  And he has two tenants in there as an apartment building and so he doesn't want to give up his house.
[01:49:29.560 --> 01:49:34.560]  So they reopened, they were reopened and struck the order.
[01:49:34.560 --> 01:49:37.560]  So that took care of that.
[01:49:37.560 --> 01:49:39.560]  So that was good news too.
[01:49:39.560 --> 01:49:43.560]  So we get good news of going all around.
[01:49:43.560 --> 01:49:48.560]  You think it may be a sign of the times?
[01:49:48.560 --> 01:49:50.560]  I think so.
[01:49:50.560 --> 01:49:52.560]  A lot of judges are changing.
[01:49:52.560 --> 01:49:53.560]  Oh yeah.
[01:49:53.560 --> 01:49:58.560]  And a lot of judges are changing their attitudes too.
[01:49:58.560 --> 01:50:02.560]  It's starting to tide his turning.
[01:50:02.560 --> 01:50:07.560]  And oh, by the way, Adrian is waiting on his arbitration.
[01:50:07.560 --> 01:50:10.560]  He's got that in arbitration too.
[01:50:10.560 --> 01:50:24.560]  So besides having the appeal going forth, before he gets a response in the appeal court, he will have his arbitration award.
[01:50:24.560 --> 01:50:25.560]  Oh wow.
[01:50:25.560 --> 01:50:27.560]  So that's good.
[01:50:27.560 --> 01:50:31.560]  Yeah, so that'll work out.
[01:50:31.560 --> 01:50:35.560]  We need to get more people filing these.
[01:50:35.560 --> 01:50:39.560]  I don't think the judges know what to do with it.
[01:50:39.560 --> 01:50:41.560]  I really don't.
[01:50:41.560 --> 01:50:43.560]  I don't think the lawyers know what to do with it.
[01:50:43.560 --> 01:50:47.560]  That's what it's saying about lawyers only do what lawyers do.
[01:50:47.560 --> 01:50:49.560]  They focus in these tiny little places.
[01:50:49.560 --> 01:50:54.560]  You know, we've talked about declaratory judgment suits on this show.
[01:50:54.560 --> 01:51:01.560]  And the Declaratory Judgment Act, I think, was signed in 2011.
[01:51:01.560 --> 01:51:04.560]  I've never found a lawyer who knew what it was.
[01:51:04.560 --> 01:51:08.560]  I was at a convention in Chicago a week or so ago.
[01:51:08.560 --> 01:51:12.560]  And talked to the head of a lending company.
[01:51:12.560 --> 01:51:27.560]  And he was complaining that he was, they were trying to do some kind of procedure and they sent a request to the SEC for an opinion and they refused to answer.
[01:51:27.560 --> 01:51:32.560]  And as soon as they launched this project, the SEC come in and shut them down.
[01:51:32.560 --> 01:51:34.560]  And they said, well, why didn't you answer us?
[01:51:34.560 --> 01:51:36.560]  And he said, we didn't have to.
[01:51:36.560 --> 01:51:39.560]  So I asked him, are you familiar with the Declaratory Judgment Suit?
[01:51:39.560 --> 01:51:41.560]  He said, no, I've never heard of it.
[01:51:41.560 --> 01:51:44.560]  Apparently your lawyers haven't either.
[01:51:44.560 --> 01:51:56.560]  So instead of asking the SEC for an opinion, follow a petition for declaratory judgment and get the judge to ask him for an opinion.
[01:51:56.560 --> 01:52:02.560]  And the idea of filing suit against the SEC terrified him.
[01:52:02.560 --> 01:52:08.560]  That's what the SEC does. It's absolutely unconstitutional. They'll come in and just shut them down.
[01:52:08.560 --> 01:52:11.560]  So I'm going to prepare a suit against the SEC.
[01:52:11.560 --> 01:52:24.560]  I'm going to put together a proposal for a utility token sale that I don't intend to do.
[01:52:24.560 --> 01:52:32.560]  I'm going to send a request for an opinion from the SEC and they're not going to give me one.
[01:52:32.560 --> 01:52:37.560]  And then I'm going to petition for a Declaratory Judgment, drag them into the federal court.
[01:52:37.560 --> 01:52:44.560]  That's the federal court to order them to give me an explanation.
[01:52:44.560 --> 01:53:00.560]  And accuse the SEC of the unconstitutional application of the codes because they are essentially using the SEC laws as expo facto laws.
[01:53:00.560 --> 01:53:03.560]  They don't tell you what's legal.
[01:53:03.560 --> 01:53:11.560]  There is nothing to tell what's legal and they won't determine if it's legal or not until you attempt to do this.
[01:53:11.560 --> 01:53:13.560]  Then they'll come and file suit against you.
[01:53:13.560 --> 01:53:21.560]  Once they file suit against you, if you object to them, they will shut you down and put you out of business.
[01:53:21.560 --> 01:53:27.560]  Once they file an investigation, you are shut down.
[01:53:27.560 --> 01:53:34.560]  And they can just like we can keep a litigant in court for like your guy nine years.
[01:53:34.560 --> 01:53:39.560]  The SEC can keep these guys in court for nine years.
[01:53:39.560 --> 01:53:42.560]  And they're shut down in the meantime.
[01:53:42.560 --> 01:53:49.560]  So I'm saying soon first, sue the SEC.
[01:53:49.560 --> 01:53:55.560]  And so we put in a request to these guys for an opinion and they refused to give one.
[01:53:55.560 --> 01:53:59.560]  So we had reason to believe there was not a problem.
[01:53:59.560 --> 01:54:10.560]  And now after we've launched, now they're using their laws in an expo facto fashion after the fact they're deciding that what we're doing was illegal before the fact.
[01:54:10.560 --> 01:54:13.560]  But they wouldn't tell us it was illegal before the fact.
[01:54:13.560 --> 01:54:18.560]  So we asked the court to maintain the status quo.
[01:54:18.560 --> 01:54:20.560]  Give us a restraining order.
[01:54:20.560 --> 01:54:27.560]  The SEC, when they go after you, they get a restraining order against you.
[01:54:27.560 --> 01:54:29.560]  You sue them.
[01:54:29.560 --> 01:54:41.560]  Get a restraining order against them as the court maintained the status quo because if you allow the SEC to shut us down, then our court, then our case becomes new and we're denied due process.
[01:54:41.560 --> 01:54:44.560]  Gotcha guys.
[01:54:44.560 --> 01:54:52.560]  But this lawyer, this guy said, well, if we do that, then next week they'll come in with all kinds of audits and really ruin our business.
[01:54:52.560 --> 01:54:54.560]  I said, no, they won't.
[01:54:54.560 --> 01:54:57.560]  They try to do an audit after that.
[01:54:57.560 --> 01:55:00.560]  Then we go after them for retaliation.
[01:55:00.560 --> 01:55:04.560]  But he just could not go there.
[01:55:04.560 --> 01:55:05.560]  And I understood.
[01:55:05.560 --> 01:55:12.560]  He's got clients that he can't afford to have his client shut down.
[01:55:12.560 --> 01:55:23.560]  And that makes all of these guys, all the people with the most money in the country, become the most vulnerable.
[01:55:23.560 --> 01:55:24.560]  So...
[01:55:24.560 --> 01:55:26.560]  That doesn't seem fair.
[01:55:26.560 --> 01:55:30.560]  It is horrendously unfair.
[01:55:30.560 --> 01:55:49.560]  So what I intend to do, take some two-bit no-muffin hillbilly from Backwater, Tennessee and snatch the SEC up into the federal courts as a way to demonstrate to everybody.
[01:55:49.560 --> 01:55:51.560]  These guys, you can handle.
[01:55:51.560 --> 01:55:56.560]  Some two-bit hillbilly can do it.
[01:55:56.560 --> 01:55:58.560]  Anybody can do it.
[01:55:58.560 --> 01:56:06.560]  And any pimp out of the SEC about looking at me for something else gets motions for sanctions.
[01:56:06.560 --> 01:56:08.560]  But actually, they won't do that.
[01:56:08.560 --> 01:56:10.560]  These guys are afraid they will.
[01:56:10.560 --> 01:56:13.560]  But the SEC, they can't work that way.
[01:56:13.560 --> 01:56:18.560]  The biggest problem with this is fear of the courts.
[01:56:18.560 --> 01:56:24.560]  What led me to that was lawyers don't know how to do declaratory judgments.
[01:56:24.560 --> 01:56:26.560]  They've been around for eight years now.
[01:56:26.560 --> 01:56:27.560]  They should understand them.
[01:56:27.560 --> 01:56:29.560]  They're real simple.
[01:56:29.560 --> 01:56:32.560]  You're not asking for any damages or anything.
[01:56:32.560 --> 01:56:36.560]  You're asking the court to clarify something.
[01:56:36.560 --> 01:56:37.560]  That's it.
[01:56:37.560 --> 01:56:38.560]  Right.
[01:56:38.560 --> 01:56:47.560]  Like in your case, if the court doesn't act correctly, you can petition the Court of Appeals for declaratory judgment.
[01:56:47.560 --> 01:56:49.560]  Right?
[01:56:49.560 --> 01:56:52.560]  Because the law is very clear.
[01:56:52.560 --> 01:56:58.560]  Rita Mandamus is essentially a petition for declaratory judgment.
[01:56:58.560 --> 01:57:08.560]  In the Rita Mandamus, you are asking the appellate court to define the rights of the parties.
[01:57:08.560 --> 01:57:10.560]  He doesn't ask for damages.
[01:57:10.560 --> 01:57:11.560]  He doesn't ask for anything.
[01:57:11.560 --> 01:57:14.560]  Just tell these guys what the rules are.
[01:57:14.560 --> 01:57:19.560]  That's what a declaratory judgment suit is.
[01:57:19.560 --> 01:57:22.560]  They're easy, but lawyers don't know how to do it.
[01:57:22.560 --> 01:57:30.560]  You're doing this arbitration and apparently nobody knows how to do it, so they just do what they always do.
[01:57:30.560 --> 01:57:35.560]  And the judge has certain bases he has to have covered.
[01:57:35.560 --> 01:57:41.560]  And you come to him with something that doesn't have any bases.
[01:57:41.560 --> 01:57:47.560]  But he's afraid that if he doesn't cover these bases, he's going to be in trouble.
[01:57:47.560 --> 01:57:48.560]  Right.
[01:57:48.560 --> 01:57:52.560]  So you may have some difficulty here.
[01:57:52.560 --> 01:57:53.560]  It won't change.
[01:57:53.560 --> 01:57:58.560]  It'll drag it out a little bit, but it shouldn't change the end result.
[01:57:58.560 --> 01:58:08.560]  If the judge doesn't act appropriately, petition for Rita Mandamus.
[01:58:08.560 --> 01:58:10.560]  Yeah, we're going to have to do something.
[01:58:10.560 --> 01:58:26.560]  And do it not adversarily, but just ask the appellate court to provide instruction to the law courts on how to handle an arbitration claim.
[01:58:26.560 --> 01:58:28.560]  Yeah.
[01:58:28.560 --> 01:58:30.560]  Because there's...
[01:58:30.560 --> 01:58:33.560]  That's exactly the kind of...
[01:58:33.560 --> 01:58:35.560]  That's why the court is there.
[01:58:35.560 --> 01:58:38.560]  And that's why we're about to run off the cliff.
[01:58:38.560 --> 01:58:41.560]  Hang on, Randy Charlton.
[01:58:41.560 --> 01:58:43.560]  Brett Fountain, rule of law, radio.
[01:58:43.560 --> 01:58:46.560]  We'll be right back.
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