ROL_2019-08-02_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 --> 00:13.560]  Markets for Monday 22 July 2019 Open with Precious Metals, Gold $1,429 an ounce, Silver
[00:13.560 --> 00:21.520]  $16.45 an ounce, Copper $2.75 an ounce, Oil, Texas Crude $55.63 a barrel, Brent Crude
[00:21.520 --> 00:29.720]  $62.47 a barrel, and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum
[00:29.720 --> 00:46.120]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:46.120 --> 00:52.440]  In history, the year 1916, the Preparedness Day bombing, a tying suitcase bomb, was detonated
[00:52.440 --> 00:57.760]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.760 --> 01:04.760]  10 and entering 40.
[01:04.760 --> 01:05.760]  And recent news.
[01:05.760 --> 01:10.440]  Since Governor Greg Abbott signed House Bill 1325 legalizing Hempett attacks his law back
[01:10.440 --> 01:15.000]  in June, county prosecutors around the state including Houston, Austin and San Antonio
[01:15.000 --> 01:19.120]  have been dropping marijuana possession charges and even refusing to file new ones since they
[01:19.120 --> 01:23.200]  are stipulating that they do not have the time or the laboratory equipment to test the
[01:23.200 --> 01:27.920]  herb for THC. Margaret Moore, the Travis County District Attorney, announced earlier this
[01:27.920 --> 01:32.880]  month that she was dismissing 32 felony possession and delivery of marijuana cases because of
[01:32.880 --> 01:33.880]  the law.
[01:33.880 --> 01:37.560]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.560 --> 01:42.080]  that county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.240]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.240 --> 01:54.520]  well as other cities too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.520 --> 01:59.000]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.000 --> 02:01.880]  prosecution of marijuana cases in El Paso.
[02:01.880 --> 02:06.800]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.800 --> 02:10.800]  in Harris County who stated that, quote, the law is constantly changing on what makes
[02:10.800 --> 02:13.520]  something illegal based on its chemical makeup.
[02:13.520 --> 02:17.400]  It's important that if someone is charged with something, the test matches what they're
[02:17.400 --> 02:22.600]  charged with.
[02:22.600 --> 02:27.440]  A paper by Tulane University identified a five and a half inch American pocket shark.
[02:27.440 --> 02:32.360]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.360 --> 02:38.040]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.040 --> 02:39.520]  Pacific Ocean.
[02:39.520 --> 02:43.800]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.800 --> 02:50.080]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.080 --> 03:17.360]  globe.
[03:17.360 --> 03:47.240]  Okay, howdy howdy, this is Randy Kelton here with
[03:47.240 --> 03:55.280]  Brett Fountain on this the second day of August 2019 and I missed my brother's
[03:55.280 --> 04:00.880]  birthday yesterday. I missed my opportunity to call him and annoy him.
[04:00.880 --> 04:08.560]  I'll have to make up for that. Okay, glad everybody's listening and odd that
[04:08.560 --> 04:15.920]  Brett brought up something before the show and it's odd that I was addressing
[04:15.920 --> 04:20.680]  the exact same thing. Will you tell them what you said before the show?
[04:20.680 --> 04:26.440]  Really, you were. Well, what I was saying is that, you know, yes, I've had a lot of
[04:26.440 --> 04:32.560]  problems with bad judges and prosecutors, but my problems are small. It just, it
[04:32.560 --> 04:36.000]  occurs to me that, you know, what they're doing to me, they throw me in jail or
[04:36.000 --> 04:38.680]  something, or they say, well, your tailgate shouldn't have been down, and
[04:38.680 --> 04:43.440]  then they throw me under arrest for some bogus, something or other, that they
[04:43.440 --> 04:47.080]  just make up on the fly and then they charge you with something else later
[04:47.080 --> 04:53.160]  when they figure out, but it's so small because, well, I'm not dead. Yes, I, it's
[04:53.160 --> 05:00.080]  completely unconstitutional and I'm not saying it's right by any stretch, but
[05:00.080 --> 05:08.400]  you hear about what is going on with some other people. Like this lady, six
[05:08.400 --> 05:13.160]  weeks ago in Phoenix, a lady was coming out of a dollar store with her
[05:13.160 --> 05:19.080]  children, and apparently they said that the four-year-old girl had a Barbie
[05:19.080 --> 05:23.520]  doll in her hand, and they thought, well, maybe she stole that thing, and so they
[05:23.520 --> 05:27.720]  called the cops, who knows if she stole it or not, or, you know, she's four years
[05:27.720 --> 05:36.800]  old. So the cops came, they were raging, they were yelling at her, cussing at her,
[05:36.800 --> 05:41.640]  telling her, get out of the car, put your hands up, and she's saying, my door
[05:41.640 --> 05:47.000]  doesn't open, I'm holding my baby, and they were just completely out of
[05:47.000 --> 05:51.320]  control, threatening to shoot her, they had their, their guns out, and they were
[05:51.320 --> 05:57.600]  just, they looked like they were on drugs, they were completely nuts. And then a
[05:57.600 --> 06:03.280]  couple of days ago, we had, in Dallas, it hit the news a couple of days ago from
[06:03.280 --> 06:08.480]  the Dallas Morning News, that for the last three years, the incident was three
[06:08.480 --> 06:15.200]  years ago, but for the last three years, there's a man named Tony Tempa, T-I-M-P-A,
[06:15.200 --> 06:23.800]  and he called 911 for help. Apparently he was off of his depression meds or
[06:23.800 --> 06:29.880]  something, he missed his medicine, and he called 911 for help. Cops came and they
[06:29.880 --> 06:34.040]  killed him, and they mocked him while he was dying, and it was all on their body
[06:34.040 --> 06:38.960]  cams, and they hid the footage, kept it away from the public for three years. After
[06:38.960 --> 06:44.280]  three years of fighting, it finally came out, what these cops did. Well, now we know
[06:44.280 --> 06:51.200]  that there were five cops, and we know how awful their deeds were, but why was
[06:51.200 --> 07:01.480]  there no response appropriate to that situation? They killed him. It's just,
[07:01.480 --> 07:06.360]  it's too much for me to, I mean, yes, I'm dealing with some paperwork stuff,
[07:06.360 --> 07:14.160]  administrative issues, but this is so, so out of control. Makes me think, maybe I
[07:14.160 --> 07:19.680]  just need to set my stuff off to the side and go be a ringer. Randy, you've
[07:19.680 --> 07:24.520]  mentioned that being a ringer in somebody else's case is something useful or
[07:24.520 --> 07:33.440]  helpful in some way, and, wow, find out. Every time I've stepped into someone else's
[07:33.440 --> 07:41.720]  case, the police always get indignant, but I don't care, and they get indignant
[07:41.720 --> 07:47.200]  because they can't deal with me. You know, they want to say, what business is it of
[07:47.200 --> 07:55.000]  yours? And I say, well, you are my servant, I am the master of the servant, and
[07:55.000 --> 07:59.320]  you are to follow my law, and I don't care if you like it or not, you know, they
[07:59.320 --> 08:07.400]  hop up and down, but if you don't lose your own cool, if you handle them, well,
[08:07.400 --> 08:14.240]  the techniques that we present on this show make some crazy, and there's
[08:14.240 --> 08:18.680]  absolutely nothing they can do. The third-party ringer, they can't accuse you
[08:18.680 --> 08:23.520]  of anything, there's nothing they can do, so long as you follow law. I've been
[08:23.520 --> 08:28.600]  watching these guys, that's why it was odd that Brett should make this
[08:28.600 --> 08:36.880]  particular comment, because I'm reworking the Root of Law radio webpage, and I was
[08:36.880 --> 08:45.040]  looking for some videos to post on the page, and I've been going through videos
[08:45.040 --> 08:55.600]  of these guys who do police audits, and I was frustrated, because for the most
[08:55.600 --> 09:03.320]  part, these are very angry people who are using this venue to excise their
[09:03.320 --> 09:15.480]  demons. One guy named Freeman, he's apparently rather prolific in this. He
[09:15.480 --> 09:21.760]  provokes the police, and when they respond, he screams at them, cusses them,
[09:21.760 --> 09:28.600]  rails in righteous indignation. I watched one today where he was filming at the
[09:28.600 --> 09:36.800]  Federal Building in Las Vegas, and these guys come out, and this big black, heavy
[09:36.800 --> 09:44.000]  black cop got out of hand and grabbed him by the throat. Well, this senior right
[09:44.000 --> 09:49.680]  over the edge, screaming, ranting, raving, they called the Las Vegas police
[09:49.680 --> 09:58.280]  showed up, and this other big black guy, this cop was excellent. He's trying to
[09:58.280 --> 10:02.800]  sort out what's going on, and they're screaming, and cussing, and accusing
[10:02.800 --> 10:08.680]  everybody, and this cop is doing everything he can to de-escalate the
[10:08.680 --> 10:14.600]  situation, and these guys, two guys, are doing everything they can to escalate it.
[10:14.600 --> 10:24.080]  You guys are not helping at all. You're just excising your own demons, you're
[10:24.080 --> 10:31.840]  wallowing in self-pity. You are not a benefit to the rest of us who are trying
[10:31.840 --> 10:40.040]  to fix something, and I've been contacting some of these. I want to do a
[10:40.040 --> 10:47.960]  seminar for them. There's something they're missing. They go in and they get
[10:47.960 --> 10:55.120]  the police to act improperly. Now that's easy enough, and then they say, CC, look
[10:55.120 --> 11:04.040]  how awful the police are, but that's all they do. No follow-through. So I want to
[11:04.040 --> 11:09.040]  ask them, why are you bothering doing this? You're just annoying people. You don't
[11:09.040 --> 11:15.760]  have any follow-through. There was a couple. There's a guy in Oklahoma, big
[11:15.760 --> 11:23.640]  guy, and he really took them on well. He was sitting by, he was an insurance
[11:23.640 --> 11:30.360]  adjuster or something, and he was sitting on a road in a cul-de-sac in a
[11:30.360 --> 11:37.040]  housing development, waiting for a client to show up, and the police stopped him,
[11:37.040 --> 11:41.560]  wouldn't know what he's doing, wanted his idea, and he told him no, and then went
[11:41.560 --> 11:45.440]  through the whole routine. They didn't arrest him, they did put him in cuffs, and
[11:45.440 --> 11:53.440]  then uncuffed him, and then they left. Well, that's when he got started. I said,
[11:53.440 --> 11:59.520]  this is why you do this. This is how it's done. The cops had their fun there on
[11:59.520 --> 12:04.040]  the street, and he didn't get in the fight with them, he didn't get arrested, and
[12:04.040 --> 12:11.720]  then when they're finished, he started. He started filing complaints, and he
[12:11.720 --> 12:15.200]  would file complaints with an agency, and they wouldn't take him to send him
[12:15.200 --> 12:20.800]  somewhere else, and he filed against them. The one thing he did miss is filing
[12:20.800 --> 12:25.040]  against the ones who wouldn't take his complaints and send him somewhere else,
[12:25.040 --> 12:33.880]  but everything else he got. He was always cool and collected, and nothing
[12:33.880 --> 12:38.360]  they could do riled him. He was methodical and just went right after him.
[12:38.360 --> 12:46.080]  There's nothing worse for these guys than someone like him, someone
[12:46.080 --> 12:54.880]  that is immune to their triggering behavior. The police are well aware that
[12:54.880 --> 13:01.760]  the ordinary citizen has very little experience with the police, and we haven't
[13:01.760 --> 13:09.760]  developed effective behavioral sets for dealing with police. We have an expectation
[13:09.760 --> 13:14.280]  that the police are the good guys they're there to protect us. When we find out
[13:14.280 --> 13:24.320]  that is not true, that is an incredible betrayal of our public trust. All of a
[13:24.320 --> 13:32.720]  sudden we realize all that crap we learned in high school was a bunch of BS. Not
[13:32.720 --> 13:37.840]  that way at all. The police are not there to try to help you. They're there to try
[13:37.840 --> 13:43.840]  to find a reason to arrest you. If they talk to you, they're trying to find a
[13:43.840 --> 13:52.680]  reason to arrest you, and we have a video of a law professor talking to his
[13:52.680 --> 13:58.680]  students, and what he's talking about, he starts off with, when should you advise
[13:58.680 --> 14:06.240]  your client to speak to the police? And I can answer that in three words. Never,
[14:06.240 --> 14:13.320]  never, never. And he goes through this whole routine of all of the bad things
[14:13.320 --> 14:18.120]  that can happen to you from talking to the police. Doesn't matter if you're
[14:18.120 --> 14:24.000]  perfectly innocent or not, makes no difference. And nothing good can come if
[14:24.000 --> 14:30.880]  you're talking to the police. So he goes on and on about it. He's right. Yes. He's
[14:30.880 --> 14:35.680]  right about that. You know, that is unfortunate. I would like to be able to
[14:35.680 --> 14:43.160]  talk to my police like they were normal human beings. Right. But our police have
[14:43.160 --> 14:51.240]  created this persona for themselves. I watched one of these and the guy was,
[14:51.240 --> 14:58.800]  this guy was also very good. He was experienced. He was videotaping across
[14:58.800 --> 15:04.280]  from a federal prison. And they come out and he wouldn't identify
[15:04.280 --> 15:09.440]  himself. And one of the security guards got on his radio and said, there's a
[15:09.440 --> 15:18.120]  civilian out here. Say what? I've had police call me say. As if he's not one.
[15:18.120 --> 15:24.440]  Yeah, I get real excited about that. Yeah. I once, you know, I was here at the
[15:24.440 --> 15:28.440]  courthouse and these guys, you're in the flatjackets and I ask them, does that
[15:28.440 --> 15:35.760]  bother you strapping on that flatjacket every day? I was once in a war zone and
[15:35.760 --> 15:43.680]  I wore one of those. And every time I put one on, it reminded me that today may be
[15:43.680 --> 15:53.840]  the last day of the rest of my life. Every day. And I dealt with civilians.
[15:53.840 --> 15:59.280]  Civilians were the indigenous population of an occupied country. Yeah, the
[15:59.280 --> 16:05.960]  oppressed ones. The ones better keep under your foot. I am not in a part of an
[16:05.960 --> 16:12.680]  indigenous population of an occupied country. And you jackasses are not my
[16:12.680 --> 16:22.760]  occupiers. You are my servants. Don't you dare call me civilian. I bristled a bit
[16:22.760 --> 16:26.520]  over that one. And that's one of my pet peeves is to call me a civilian. And it
[16:26.520 --> 16:33.560]  goes to the way they hold their mind. They think this is a war. It's not a war,
[16:33.560 --> 16:40.760]  guys. I've been to war. This is not one. We are not your enemy. You are our enemy.
[16:40.760 --> 16:45.400]  You're making yourselves our enemy. And we got to fix that. We'll talk about that
[16:45.400 --> 16:50.000]  when we come back on the other side. Randy Kelton, Brett Fountain, we have a
[16:50.000 --> 16:58.040]  radio. I call it number 512-646-1984. We'll be right back.
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[19:27.600 --> 19:39.040]  Okay, we are back. Randy Kelton. We're at Fountainville Radio and we're talking
[19:39.040 --> 19:46.920]  about this culture that police have developed. I had a friend who was a
[19:46.920 --> 19:55.000]  police officer for a small time, a long time ago, for a year or so, and he worked
[19:55.000 --> 20:03.280]  with an older guy. And the guy had been a police officer in Azel, Texas for 20
[20:03.280 --> 20:12.400]  years and said that he never once had to pull his pistol in 20 years as a police
[20:12.400 --> 20:24.680]  officer. I have had more weapons pointed at me by police in Texas than I had
[20:24.680 --> 20:34.280]  pointed at me in Vietnam. This is not acceptable. Right. I have told three or
[20:34.280 --> 20:40.600]  four of them, four of them, if you're gonna shoot, shoot. But if you think
[20:40.600 --> 20:48.440]  you're gonna get me to quell at your feet, you can forget that quip. And they
[20:48.440 --> 20:56.760]  generally back up. What I've done over the last 30 years, 40 years now, researching
[20:56.760 --> 21:04.920]  these issues and dealing with these guys is a worked out a procedure. If we can
[21:04.920 --> 21:14.040]  get these angry guys who go out there and what they're doing is feeding their
[21:14.040 --> 21:22.560]  own expectations. They expect the police to treat them badly. So they get the
[21:22.560 --> 21:28.120]  police to treat them badly so they can feel bad about the police and not have
[21:28.120 --> 21:35.720]  to feel bad about themselves. So I offer them a different methodology. They really
[21:35.720 --> 21:42.320]  want to make the cops crazy. Quit doing their dance with them. You do this
[21:42.320 --> 21:49.240]  confrontation thing. They know how to do confrontation. Right. That's what they do.
[21:49.240 --> 21:57.440]  All day. Every day. Any change. So when you know, he's this guy's out on the
[21:57.440 --> 22:03.480]  sidewalk videotaping the federal court and the black cop got pretty ticked at
[22:03.480 --> 22:08.200]  him and ran up and great. He's gonna take his camera and he backed away. And the
[22:08.200 --> 22:12.800]  guy went up, grabbed him by the throat and the guy backed away from him and he
[22:12.800 --> 22:21.040]  stopped. He should have dialed 911 right then. Yes. Immediately get someone out
[22:21.040 --> 22:30.640]  here. Get someone out here to arrest this guy for aggravated assault. Changes
[22:30.640 --> 22:40.440]  everything. At this point, they had all they needed. Now they can whine these
[22:40.440 --> 22:47.520]  guys' clocks because you get an officer out there to take your complaint and
[22:47.520 --> 22:51.400]  then you get to see him do the little chicken dance because he don't want to
[22:51.400 --> 22:58.160]  arrest his buddy. And this is when you get really calm and really collected
[22:58.160 --> 23:05.200]  because you are setting him up. You're not being betrayed here. You're setting
[23:05.200 --> 23:11.960]  him up. You tell this officer, I need you to arrest him. Well, I can't arrest him.
[23:11.960 --> 23:15.960]  You sure you can. Just throw the cuffs on him, drag him out to jail. Piece of cake.
[23:15.960 --> 23:21.160]  Oh, I'm not gonna arrest him. So-and-so. And I always tell him, you need to take
[23:21.160 --> 23:30.240]  chickens you know. I'm calling them a coward. But I'm calling them a coward in
[23:30.240 --> 23:38.040]  a way that they're not sure if I'm joking or not and the reason I do it that
[23:38.040 --> 23:47.560]  way is whenever I speak to the police, I'm always thinking how will what I'm
[23:47.560 --> 23:56.760]  about to say play before a grand jury of my peers. I'm setting this guy up so I
[23:56.760 --> 24:05.520]  can take him to a grand jury. So I need to be careful in what I do so that they
[24:05.520 --> 24:15.040]  can't accuse me of escalating the situation. You know, remember the cop
[24:15.040 --> 24:21.480]  that wrote you the ticket in Cumbie? Right. He pulled me over on the same
[24:21.480 --> 24:30.120]  highway and I'm talking to him and he mentioned that he had given someone
[24:30.120 --> 24:36.760]  else a ticket that sounded a lot like me and we figured out it was you and he
[24:36.760 --> 24:43.680]  was getting a little intense so I took out my cell phone and he said I need you
[24:43.680 --> 24:46.480]  to put that down while we're talking while I'm talking to you. I said no you
[24:46.480 --> 24:54.400]  don't. You are getting agitated and you are prominently displaying a deadly
[24:54.400 --> 25:00.400]  weapon. You're making me nervous. I think I need to call 911 to get someone out
[25:00.400 --> 25:07.960]  here to get you under control. Do I need to call 911? He stood there and stared at
[25:07.960 --> 25:14.480]  me a minute and you could see him take a breath. No, Mr. Kelton, you do not need
[25:14.480 --> 25:24.520]  to call 911 and that defused it. All that stuff he was doing stopped immediately.
[25:24.520 --> 25:31.000]  Had these guys at the federal building called 911 immediately. They wound up
[25:31.000 --> 25:36.040]  having the local police called on them. No, no, no, you don't want that to ever
[25:36.040 --> 25:44.200]  happen. You want to be the ones to call them. So you go in there and get them to
[25:44.200 --> 25:49.800]  do something to give you a reason to call them. Arlington, Texas, I asked to see
[25:49.800 --> 25:56.840]  some records and my favorite one was the security guy where you come in. He's kind
[25:56.840 --> 26:01.000]  of got a little information desk and he's telling everybody where to go and I
[26:01.000 --> 26:08.680]  went to him and I said, I need to get some records but I don't have a ticket or
[26:08.680 --> 26:12.840]  anything so I don't have to stand in this big long lines or another way I can do
[26:12.840 --> 26:17.840]  that. He said, well, are you an attorney? I said, no. Well, if you're not the
[26:17.840 --> 26:24.280]  attorney and you're not the accused then you can't see these records. Oh, wow. You
[26:24.280 --> 26:29.560]  shouldn't have said that. Do you have a supervisor here? He said, well, yes I do.
[26:29.560 --> 26:35.400]  Why do you need a supervisor? I need a supervisor to come and arrest you.
[26:37.080 --> 26:41.480]  Now, he's not sure if I'm joking or not.
[26:43.320 --> 26:49.400]  But you sure got it. Thank you. Oh, yeah, that got his attention. He said, arrest me
[26:49.400 --> 26:54.120]  for what? Well, you told me I couldn't see those records. I said, well, that's right.
[26:54.120 --> 26:59.960]  Well, actually it's not. And you're telling me that it's an act of official oppression
[26:59.960 --> 27:10.920]  in violation of 39.03. And at this point that's a done deal. So now I need someone to
[27:10.920 --> 27:17.720]  arrest you. Get me your supervisor. So he's sure his supervisor's going to come out here
[27:17.720 --> 27:24.280]  and set me straight. And he calls the supervisor. In a few minutes the supervisor comes out and says,
[27:24.280 --> 27:28.120]  are you the one that asked for a supervisor? I said, yes I am. He told me his name. He said,
[27:28.120 --> 27:35.400]  what can I do for you? Arrest him. He looked at his deputy. He looked, oh, why do you want me
[27:35.400 --> 27:42.280]  to arrest him? Because he's a criminal. And I make him kind of pull it out of me and I told
[27:42.280 --> 27:49.080]  him what happened. He said, well, he said to the officer, did you tell him that? And he said,
[27:49.080 --> 27:56.120]  well, yes, I did. He said, come on, these are open records. You can't keep them from him.
[27:56.760 --> 28:01.880]  And the cops wouldn't know that. They're kind of having a little discussion. And
[28:02.840 --> 28:08.440]  when they got done, I said, okay, you got everything you need. Arrest him.
[28:08.440 --> 28:15.160]  Man, I can't arrest my officer, sure can. Just throw the cuffs on him, drag him off to jail.
[28:15.160 --> 28:22.360]  And we go see the routine. And I said, okay, if you're not going to arrest him,
[28:23.320 --> 28:32.840]  then I need somebody out here to arrest you. And how do you deal with a guy like that?
[28:32.840 --> 28:40.440]  I'm not in the least bit upset because nobody has betrayed me.
[28:42.440 --> 28:51.720]  What they did was give me opportunity. And at the first step, before they can get,
[28:51.720 --> 28:56.200]  you know, like I watch these guys where they stop somebody and they ask them to identify
[28:56.200 --> 29:00.760]  themselves. And they say, I don't have to. And they say, well, if you don't, I'll arrest you.
[29:00.760 --> 29:11.960]  That's it. For me, that's it. Ding. Okay. 911. Yeah. Immediately, don't let this escalate.
[29:12.760 --> 29:20.920]  Change the whole playing field. And now you're the victim and you got an officer answering your
[29:20.920 --> 29:27.640]  complaint. And you're asking the officer to arrest them. It changes quickly. And people don't get
[29:27.640 --> 29:34.120]  beat up. They don't get drug out their windows. They don't get in a shouting match. My clock is
[29:34.120 --> 29:39.400]  not showing. Am I about out of time? We got about 20 seconds left. Oh, there it is. Okay,
[29:39.400 --> 29:47.160]  pop back up. Okay. So you don't get beat up. They don't get any claims against you. You get one
[29:47.160 --> 29:54.120]  against them before they know what's going on. Okay, hang on. Going to break. Randy Kelton,
[29:54.120 --> 29:58.040]  Brett Fountain, we'll be right back.
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[33:26.840 --> 33:38.440]  Okay, we are back. Randy Kelton, Brett Fountain, we were talking about how we do this. Do not
[33:38.440 --> 33:49.800]  let them create a confrontation. The best way to get control, and the best way to put them
[33:49.800 --> 34:00.360]  off their game, is to not argue with them, coax them into violating a law. And they have
[34:00.360 --> 34:08.840]  a problem, especially if they're in Texas. I got a captain on the sheriff's department
[34:08.840 --> 34:17.960]  to put his hands on me. And all I did, he was already angry at me because he had talked to
[34:17.960 --> 34:26.520]  me once before, and asked me if I was a sovereign citizen. And I told him, you know that's an oxymoron.
[34:27.560 --> 34:32.840]  I think he didn't know what an oxymoron was, and thought I was calling him a moron.
[34:38.200 --> 34:43.400]  You need to be sovereign, or you can be a citizen. You can't be both. So no, I'm not
[34:43.400 --> 34:50.760]  one of those who would tell me, are you a jackbooted bug? He did not take that well at all,
[34:50.760 --> 34:58.120]  but he didn't. He controlled himself. He did follow me when I left the courthouse,
[34:58.120 --> 35:03.640]  and I had to make two or three turns and then stop in front of him, and ask him if he had a problem.
[35:04.760 --> 35:09.320]  No, you're just in the way. I need to go. Okay, bye. And he went back to the courthouse.
[35:09.320 --> 35:15.880]  So he was annoyed at me because I was up to his game in both respects. So
[35:16.600 --> 35:22.600]  I go back to the courthouse, and I'm trying to get a docket sheet. And I went to the clerk,
[35:22.600 --> 35:27.080]  and she said, well, after you left the clerk, he's in the court. You'll have to get it from her.
[35:27.080 --> 35:32.440]  So I went to the bailiff, and I said, I need a docket sheet. And he said, you can get that.
[35:32.440 --> 35:39.480]  I said, wait, wait, wait, wait. Don't tell me that. This is the clerk's job. It's her
[35:40.520 --> 35:47.400]  purview. Go get her to tell me that. And the bailiff said, oh, okay, I can do that.
[35:47.960 --> 35:51.480]  And he went in. So I went to the bathroom because I had to go to the bathroom real bad. So while I
[35:51.480 --> 35:58.600]  was waiting, I come out of the bathroom, and there is Captain McDade. And as I'm walking up,
[35:58.600 --> 36:05.560]  he stepped up, and he said, Mr. Kelton, I lift you up on the internet, and I know all about you.
[36:07.560 --> 36:14.840]  I said, well, then you know not to screw with me. And he said, I had filed criminal charges
[36:14.840 --> 36:19.240]  against a bailiff for not letting me in a courtroom while the court was in session.
[36:20.520 --> 36:27.400]  And he said that this officer, Neil, said that I hated him. I said, no, I didn't hate him. He was
[36:27.400 --> 36:35.160]  great. He was a consummate professional. I only filed against him because he followed the judge's
[36:35.160 --> 36:43.800]  orders, but mainly because he was such a good officer. So nobody would mistake my filing as a
[36:45.400 --> 36:50.680]  challenge against the officer because he was great. He's not, he wasn't ejectly thug like you are.
[36:50.680 --> 36:59.240]  Well, that did not go down well, but that's how I did it, just that dead pan.
[37:00.920 --> 37:06.680]  And then I, his face just flushed, and I said, this is not good. This guy is getting out of
[37:06.680 --> 37:11.880]  control. So I turned my back on him, and I was going to the bailiff to get by a docket sheet.
[37:13.160 --> 37:18.600]  And the captain grabbed me by both arms from the back, just grab him right above the elbow
[37:18.600 --> 37:24.840]  with his thumb and forefinger, barely helped me. He was clearly trying to get me to jerk loose from
[37:24.840 --> 37:33.880]  him, back me up, turned me around and said, you're not going in that courtroom. And I looked down
[37:33.880 --> 37:42.040]  at my arm where he had touched me and I said, you, you touched me and I pointed at it. Yes,
[37:42.040 --> 37:49.800]  I did try to go in that courtroom. I'll touch you again. Yeah, but, but, but you touched me. So
[37:49.800 --> 37:55.720]  tell me officer McDade, that pistol you're wearing, is it loaded? Yes, it is. Oh, well, I better get
[37:55.720 --> 38:03.960]  out of here then. And I left immediately, went, got my phone down 911 and asked for somebody to
[38:03.960 --> 38:12.680]  come and arrest the captain. He didn't see that coming. I didn't stand in front of him and say,
[38:12.680 --> 38:18.440]  I got this right. I got that right. You're supposed to do this. You're supposed to do that. No, no,
[38:18.440 --> 38:29.960]  no. Never give legal advice. They will always treat legal advice as you're being agitated.
[38:29.960 --> 38:38.520]  That's their magic word, agitated. Agitated means they can fear for their life. They can accuse you
[38:38.520 --> 38:45.560]  of anything they want to, because you're agitated. They know how to get you agitated.
[38:47.480 --> 38:55.320]  Just start violating your rights. Violate your expectation of good faith and fair dealing
[38:55.320 --> 39:02.120]  from your public officials. And we don't, we tend not to handle that well,
[39:02.840 --> 39:10.360]  because we don't have much experience at it. We feel threatened and betrayed. And that tends,
[39:10.920 --> 39:20.840]  that tends to draw out our worst, most base responses. They know that. They know how to do that.
[39:20.840 --> 39:28.280]  But when that don't work, that's what we call pattern
[39:28.280 --> 39:34.600]  interruption. I've told the story on the air about the head of the criminal
[39:34.600 --> 39:40.200]  intact section of Denton County District Attorney's Office telling, when I tried to get him to take
[39:40.200 --> 39:46.040]  criminal complaints against his boss, tell me, Mr. Kelton, you are not welcome here anymore.
[39:46.040 --> 39:55.240]  Clearly, he's trying to precipitate an argument. So I want to give him something he doesn't expect.
[39:56.280 --> 40:02.520]  So I said, well, Mr. Jones, I feel disparaged. You're going to hurt my feelings.
[40:06.200 --> 40:11.160]  The look on his face is great. He was just stopped. And then he said, Mr. Kelton,
[40:11.160 --> 40:13.240]  you're creating a disturbance. You're going to have to leave the building.
[40:13.240 --> 40:21.400]  And I said, I'll tell you what, Mr. Jones, he had about 10 or 15 of his underlings behind him
[40:21.400 --> 40:28.200]  by this time. I tell you what, Mr. Jones, if you will just bend over while pulled that while
[40:28.200 --> 40:32.680]  head of you behind for you, and you and I can go back to treating one another like mature and
[40:32.680 --> 40:39.320]  responsible adults, how is that going to sound in front of a grand jury?
[40:39.320 --> 40:49.800]  How are they going to call me agitated? And then Mr. Cox, their head investigator,
[40:49.800 --> 40:56.360]  stepped out the door. Perfect timing. Well, hello, Mr. Cox. Hello, Mr. Kelton.
[40:56.360 --> 41:03.800]  First time I saw Mr. Cox, I said to myself, self, do not screw with this guy. You will be out of
[41:03.800 --> 41:09.560]  your league. And the more I found out about him, it was correct. He was an ex-Nemiseal. He was very
[41:09.560 --> 41:15.560]  comfortable with who he was. He had nothing to prove to anyone, and he was a consummate
[41:15.560 --> 41:24.120]  professional. So hello, Mr. Cox. Hello, Mr. Kelton. I said, Mr. Cox, I see you're packing.
[41:25.080 --> 41:31.480]  He looked down at his pistol. Yes, Mr. Kelton, I am. So tell me, Mr. Cox, is that pistol loaded?
[41:31.480 --> 41:39.720]  Yes, Mr. Kelton, it is. You fixing to pull that pistol on me? No, not unless I have to.
[41:40.920 --> 41:47.720]  I said, well, in that case, I held up my elbow. Let's take a walk. He took me by the elbow,
[41:47.720 --> 41:52.760]  walked me out of the building, out of the office, into the hall. And then he said, Mr. Kelton,
[41:52.760 --> 41:57.480]  what did you do that for? I said, I've been trying to get these guys to do something stupid for a
[41:57.480 --> 42:05.400]  long time. Now I get to charge them with first degree felony aggravated assault. And Mr. Cox said,
[42:05.400 --> 42:11.880]  well, Mr. Kelton, I didn't assault you. I said, no, you didn't. Roger Jones assaulted me with a
[42:11.880 --> 42:22.760]  deadly weapon. Well, what deadly weapon did he assault you with? You. He sat there looking at me
[42:22.760 --> 42:31.320]  a minute, and it took a while. You could almost hear the gears grinding. He's thinking. He set
[42:31.320 --> 42:41.400]  him up. Yeah, as a matter of fact, I did. Guys, if you can get past the anger and get past the
[42:41.400 --> 42:53.960]  initial need to respond with those old response sets, the first time you catch yourself, the first
[42:53.960 --> 43:03.000]  time you feel that officer jab you, and that response just wants to boil out of you, you got
[43:03.000 --> 43:09.560]  to know he's setting you up. You really think you're going to read him the riot act and let
[43:09.560 --> 43:16.760]  him know how to cow into cabbage. He does this all day every day. You are out of your league if
[43:16.760 --> 43:29.160]  you respond angrily or aggressively. But if you don't, then he is stopped in his tracks. You just
[43:30.040 --> 43:36.840]  completely changed the tables on you did to him what he was trying to do to you. You got him
[43:36.840 --> 43:44.840]  outside his comfort zone. Now, he can't. He doesn't have anything to come back with. And then he
[43:44.840 --> 43:51.880]  starts acting stupid. Okay, hang on. About to go to break. Randy Kelton, Brett's Fountain,
[43:51.880 --> 43:57.720]  Wheel of Law Radio. I call in number 512-646-1984. We'll be right back.
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[46:22.360 --> 46:46.120]  Okay, we are back. I did that a little quick. I was supposed to wait five seconds. Randy
[46:46.120 --> 46:55.160]  Kelton, Brett Fountain, Rule of Law Radio, and we're talking about how to keep these guys off
[46:55.160 --> 47:01.400]  balance and put them in a situation to where they're going to have to find new behaviors
[47:01.400 --> 47:09.160]  because the ones they got are not working so good for them. So, I guess that's kind of my point.
[47:09.160 --> 47:13.480]  We've got three callers on the line, and we've got Jerry from Pennsylvania, and I think he's
[47:13.480 --> 47:21.400]  our first-time caller, and I talked to him during the week about a grand jury issue.
[47:21.400 --> 47:25.720]  So, do you have something else on this subject right now, Brett?
[47:27.960 --> 47:31.400]  Me, no. If you can go right ahead and talk with Jerry.
[47:31.400 --> 47:34.600]  Okay, so we're going to Jerry in Pennsylvania.
[47:34.600 --> 47:40.440]  If I can get him on mute. There we go. Hello, Jerry.
[47:41.880 --> 47:46.040]  Oh, Andy. What do you have for us today?
[47:48.360 --> 47:58.680]  Yeah, I always wanted just double jeopardy with a five to these four cases. What they're doing
[47:58.680 --> 48:07.400]  is for the first one, they come here, they said that, you know, I got cash, I got weeds thrown,
[48:07.400 --> 48:13.640]  I got enough, old vehicles, trash junk. Wait a minute. You got tall weeds.
[48:15.000 --> 48:17.720]  Yeah. You should go to prison.
[48:18.920 --> 48:22.600]  Yeah, they've already done that. You heinous criminals.
[48:22.600 --> 48:30.280]  They follow it with funny when I was up in jail at this guy up here. Don't mow his grass.
[48:31.640 --> 48:34.840]  Okay, so how are we getting to double jeopardy?
[48:36.520 --> 48:42.680]  Well, they keep coming back and writing these citations to pick us, you know. So,
[48:42.680 --> 48:49.960]  we're up to a set of five of them now, and I was wondering, can I file in the federal court
[48:49.960 --> 48:54.360]  for double jeopardy and maybe malicious prosecution?
[48:56.040 --> 49:02.600]  Hold on. Hold on. How are you getting from a municipal court to a federal?
[49:05.000 --> 49:10.040]  The civil. I want the civil. They're all set now that I'm throwing them.
[49:10.600 --> 49:16.200]  Okay. How do you get to the federal court? Okay. This is kind of a rhetorical question.
[49:16.200 --> 49:22.280]  I know what the answer is, but I want to make sure you understand it. Yeah. Well, what I did
[49:22.840 --> 49:29.640]  is the person came to, I took them up to Port of Commons, please, here in Pennsylvania.
[49:30.200 --> 49:39.560]  Then I went to Superior Court. Then I went up to Harrisburg, the main court here in Pennsylvania,
[49:39.560 --> 49:47.240]  not the Supreme Court. Anyway. Okay. For those of you who don't know, Harrisburg is the capital of
[49:47.240 --> 49:52.600]  Pennsylvania. It's the Court of Commons, please, they call it there. Then after that,
[49:52.600 --> 50:01.800]  they got the Superior Court. So, what I did was I went to the U.S. Court in Philadelphia,
[50:01.800 --> 50:09.800]  Houston District, and I filed a civil suit on them. I used a lot off of
[50:11.880 --> 50:20.280]  Tim's case there in Newark down there in Texas. That case just was handled for everything else.
[50:20.280 --> 50:28.760]  Yes. And it was pretty handy. Did you ask the court for restraining order against the city
[50:28.760 --> 50:38.120]  while you were in litigation with them? No, I didn't. You should file a motion for sanctions,
[50:39.160 --> 50:45.560]  accuse them of filing these complaints in retaliation for your filing your federal lawsuit.
[50:47.720 --> 50:50.680]  Well, that's what I was writing. That will get them excited.
[50:50.680 --> 50:58.920]  Oh, they're already excited now. They even got a warrant and sent two cops over here last week.
[50:59.720 --> 51:03.000]  Well, what you do now is you ask the judge to
[51:04.920 --> 51:08.440]  prefer sanctions against them. This will get them to stop
[51:10.200 --> 51:12.200]  stop filing the complaints against you.
[51:14.520 --> 51:18.920]  Well, if they'll file in the state, they can afford it. So, every time they file a complaint,
[51:18.920 --> 51:28.840]  I just file the higher court, you know, then I get enough paperwork together and I run down
[51:28.840 --> 51:36.120]  in the city and I file a civil action against them in the United States Court.
[51:37.400 --> 51:41.880]  So, I filed that one for a half a million dollars and filed the other one for a half a million.
[51:42.440 --> 51:46.840]  And I was thinking, do you think this couple of different of me? I just modeled for a million
[51:46.840 --> 51:53.320]  out of them and let them stagger around with that. Okay, double jeopardy.
[51:55.480 --> 52:03.320]  You can't get to double jeopardy because they filed two complaints unless the second complaint
[52:04.120 --> 52:11.720]  was based on the exact same facts of the first complaint, like if it's high weeds.
[52:11.720 --> 52:19.400]  Yeah, they all run the same thing. They always file sex and they're called for
[52:21.000 --> 52:30.040]  if they charge you with having high weeds on one day and the next day the weeds are still high,
[52:30.040 --> 52:36.360]  they can charge you again. It's not the same charge, so it's not double jeopardy.
[52:36.360 --> 52:43.480]  Well, one time they were here with snow on the ground and they stalked me for high weeds.
[52:46.280 --> 52:49.240]  Oh, were they growing up through the snow?
[52:50.440 --> 52:57.320]  They had pictures of the whole place, all the snow and they rode up weeds and I didn't
[52:57.320 --> 53:06.040]  load them in that day. Did you file criminal charges against them? I'm trying to, that's why I called
[53:06.040 --> 53:13.080]  you the last time. They won't let me file criminal charges, so I want to be a fine general over
[53:13.080 --> 53:13.640]  Joseph
[53:15.480 --> 53:22.120]  and they told me to get lost. They sent a detective out and he was like, he said that just daily.
[53:22.120 --> 53:50.120]  Did you, did you file criminal charges against the investigator for retaliation?
[54:20.120 --> 54:28.040]  the attorney general, the last thing he wants is criminal accusations against him in front
[54:28.040 --> 54:39.400]  of the Pennsylvania Supreme. Because his next opponent, political opponent, is likely to
[54:39.400 --> 54:46.600]  use those to discredit him in his next election. It's all about the politics.
[54:46.600 --> 54:52.600]  Well, even when I go to court of common, please, they won't let me file.
[54:52.600 --> 55:00.360]  Okay, then you file against the court of common, please, judge.
[55:00.360 --> 55:03.000]  They won't take my filing.
[55:03.000 --> 55:14.440]  Look, look, you mail those registered return receipt. They got them. Makes no difference
[55:14.440 --> 55:19.240]  what they take. If they don't take that, take your filing, that's a criminal act.
[55:21.400 --> 55:24.440]  You file against the clerk who refused to take your complaint.
[55:27.080 --> 55:35.160]  Well, I was going to go down to the U.S. court and file against them for not
[55:36.040 --> 55:38.040]  taking my filing. Can I do that?
[55:38.040 --> 55:43.560]  Yes, denial and due process. They denied you access to the court.
[55:46.040 --> 55:51.240]  That's constitutional. Due process is always federal.
[55:52.120 --> 55:57.800]  Due process. I'll write that up and take that down and file last act.
[55:57.800 --> 56:07.560]  And the way we do this thing is we want them not to do the right thing.
[56:09.720 --> 56:15.560]  Arlington, Texas, I asked to see the records from a clerk and the clerk
[56:16.280 --> 56:19.560]  told me that I couldn't see those records because I wasn't accused.
[56:20.600 --> 56:26.600]  So I called the bailiff over immediately. We arrest this woman too late.
[56:26.600 --> 56:33.400]  She wants to go get the records too late. I got you. I conned you in the stepping across
[56:33.400 --> 56:40.200]  a legal line. That bell's rung and you can't unring it. Now I'm coming right after you.
[56:41.160 --> 56:45.720]  And when the bailiff refused to arrest her, I took out my cell phone doll 911
[56:45.720 --> 56:51.240]  and asked for somebody to arrest the both of them. Now this is getting out of hand.
[56:51.240 --> 56:59.480]  But there's nothing they can do. If we're going to change the system, this is how we do it.
[57:01.080 --> 57:07.400]  You've got a court of common pleas that denied you access to the court,
[57:08.120 --> 57:16.040]  denied you constitutional vanity, regardless of whether or not your complaint is substantial
[57:16.040 --> 57:25.400]  or valid. That is irrelevant. You were denied access to the court. That bell's been rung
[57:27.160 --> 57:33.240]  and they cannot unring it. Now you file against the court of common pleas
[57:34.200 --> 57:41.800]  with the next level. Is that a district court or superior? What's it called in Pennsylvania?
[57:41.800 --> 57:52.440]  The U.S. district. No, no. Hold on. Hold on. You're jumping out of the loop.
[57:54.520 --> 58:03.800]  You want to get to the U.S. but not until you've exercised your remedies within the state.
[58:03.800 --> 58:12.600]  And what you're doing here is you're creating political cannon fodder. You're making them all
[58:12.600 --> 58:17.880]  look bad. You're making them have to deal with stuff they don't want to deal with. So you file
[58:17.880 --> 58:24.760]  against the court of common pleas judge with the next higher judge. And when he refuses to act,
[58:24.760 --> 58:28.840]  you file against the next higher judge. Now he's getting complaints filed against him
[58:28.840 --> 58:35.560]  and he don't feel like he did anything. He feels mistreated. He's going to be real unhappy
[58:35.560 --> 58:44.760]  with this young, this other judge. Okay. Hang on. Go into break. We'll be right back.
[58:50.200 --> 58:54.120]  Would you like to make more definite progress in your walk with God?
[58:54.120 --> 59:00.200]  Bibles for America is offering a free study Bible and a set of free Christian books that can really
[59:00.200 --> 59:05.400]  help. The New Testament recovery version is one of the most comprehensive study Bibles available
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[59:10.920 --> 59:17.080]  God and to know the meaning of life. The free books are a three-volume set called basic elements of
[59:17.080 --> 59:22.360]  the Christian life. Chapter by chapter, basic elements of the Christian life clearly presents
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[59:35.800 --> 59:49.080]  free at 888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[59:49.080 --> 59:54.920]  B. Live free speech radio, logosradionetwork.com.
[01:00:00.600 --> 01:00:04.520]  The following news flash is brought to you by The Lone Star Lowdown.
[01:00:06.440 --> 01:00:12.520]  Markets for Monday the 22nd of July 2019 open with precious metals, gold, $1,429
[01:00:12.520 --> 01:00:20.920]  an ounce, silver, $16.45 an ounce, copper, $2.75 an ounce, oil, Texas crude, $55.63 a barrel,
[01:00:20.920 --> 01:00:29.240]  Brent crude, $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core, $10,566.52,
[01:00:29.240 --> 01:00:46.040]  Ethereum, $227.26, XRP, Ripple, $0.33, Litecoin, $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:46.040 --> 01:00:52.520]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated
[01:00:52.520 --> 01:00:58.200]  on Market Street in San Francisco during the World War I preparedness day parade, killing 10
[01:00:58.200 --> 01:01:00.360]  and injuring 40 today in history.
[01:01:04.600 --> 01:01:09.400]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp
[01:01:09.400 --> 01:01:13.800]  and attacks his law back in June, county prosecutors around the state including Houston,
[01:01:13.800 --> 01:01:17.800]  Austin, and San Antonio have been dropping marijuana possession charges and even refusing
[01:01:17.800 --> 01:01:22.360]  to file new ones since they are stipulating that they do not have the time or the laboratory
[01:01:22.360 --> 01:01:27.240]  equipment to test the earth for THC. Margaret Moore, the Travis County District Attorney,
[01:01:27.240 --> 01:01:31.240]  announced earlier this month that she was dismissing 32 felony possession and delivery
[01:01:31.240 --> 01:01:35.880]  of marijuana cases because of the law. Mr. Abbott and other state officials including
[01:01:35.880 --> 01:01:39.960]  the Attorney General stipulated in a letter that county district attorneys back on Thursday
[01:01:39.960 --> 01:01:44.520]  that marijuana has not been decriminalized in Texas and that these actions demonstrate
[01:01:44.520 --> 01:01:51.160]  a misunderstanding of how HB 1325 works as well as other cities too like the district attorney
[01:01:51.160 --> 01:01:57.320]  in El Paso, Cayma Esparza, a Democrat who also stated earlier this month that the law quote
[01:01:57.320 --> 01:02:02.840]  will not have an effect on the prosecution of marijuana cases in El Paso. However, the issue
[01:02:02.840 --> 01:02:07.720]  was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County who
[01:02:07.720 --> 01:02:12.200]  stated that quote, the law is constantly changing on what makes something illegal based on its
[01:02:12.200 --> 01:02:17.240]  chemical makeup. It's important that if someone is charged with something, the test matches what
[01:02:17.240 --> 01:02:26.360]  they're charged with. A paper by Tulane University identified a five and a half inch American
[01:02:26.360 --> 01:02:32.040]  pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second
[01:02:32.040 --> 01:02:37.800]  pocket shark ever captured or recorded with the other one being found way back in 1979 in the
[01:02:37.800 --> 01:02:43.000]  East Pacific Ocean. According to the university paper, the shark secretes a luminous fluid from
[01:02:43.000 --> 01:02:49.720]  a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn
[01:02:49.720 --> 01:03:15.720]  into the glow. This was Book Roadie with your lowdown for July 22, 2019.
[01:03:19.720 --> 01:03:35.080]  Okay, we are back. Randy Kelton, Brett Felton, Ruth LaRidio, and I probably should ask
[01:03:35.080 --> 01:03:45.720]  a question at this point. Jerry, what is it that you want to accomplish by this litigation?
[01:03:45.720 --> 01:03:55.800]  Well, nothing really. I mean, we're having fun. I ain't doing much myself, you know.
[01:03:56.520 --> 01:04:01.960]  It's like I say, they come up out of the woods here, they grab me, they take me down from the
[01:04:01.960 --> 01:04:07.880]  magistrate. He throws me in jail for a couple of days. Like I say, they come home and start writing
[01:04:07.880 --> 01:04:21.080]  my lawsuits up. In that case, I get the money out of it, maybe I'll go buy a passport or something.
[01:04:22.040 --> 01:04:28.680]  Okay, so they pick the fight. You might say they kick this soapbox up under your feet.
[01:04:28.680 --> 01:04:38.840]  So now you get to stomp all over it. Okay. So I suggest what will give them the most grief
[01:04:40.200 --> 01:04:48.760]  is you follow the steps. The prosecutor refuses to do his job, so you file against the prosecutor
[01:04:48.760 --> 01:04:54.440]  with the court of common police. He's not going to like you filing criminal charges against him
[01:04:54.440 --> 01:05:01.800]  with the court of common police. And then the court of common police refuses to perform their duty
[01:05:01.800 --> 01:05:14.200]  and denies you access to the court. Wonderful. Oh, goody. Now you don't go after the prosecutor
[01:05:14.200 --> 01:05:19.800]  with the next guy up the line. You go after the judge of the court of common police
[01:05:19.800 --> 01:05:28.200]  for shielding the prosecutor. So now you're primarily naming the judge as the criminal.
[01:05:29.080 --> 01:05:36.920]  You file with the next highest judge accusing the first judge of not doing what you're asking
[01:05:36.920 --> 01:05:45.400]  the second judge to do. Always think what's going to look good in front of a jury of my peers.
[01:05:45.400 --> 01:05:50.120]  Since this is Pennsylvania, I didn't say grand jury because we can't get to one.
[01:05:51.560 --> 01:06:00.520]  But a jury of your peers, the first guy tries to shield the municipal officers from prosecution.
[01:06:00.520 --> 01:06:08.600]  The prosecutor does. And then the judge refuses to perform his duty and act on the complaints
[01:06:08.600 --> 01:06:14.040]  you filed with the judge. And then you go to the next higher judge and file against the first judge
[01:06:14.040 --> 01:06:20.840]  and he refuses to act. So now you file against the next highest judge. Now the higher up you get
[01:06:21.400 --> 01:06:28.920]  in the pecking order, the more sensitive they are to politics because the higher up they are,
[01:06:28.920 --> 01:06:37.080]  the more people they got that wants their job. And what you're creating is political cannon fodder
[01:06:37.080 --> 01:06:46.360]  that their next political opponent can use against them. So if it were me,
[01:06:46.360 --> 01:06:54.760]  I would walk it right up the line all the way to the Pennsylvania Supreme. The question becomes,
[01:06:54.760 --> 01:07:05.560]  does a judge have the right to refuse to accept a complaint from a private citizen?
[01:07:07.560 --> 01:07:11.320]  That may have anything to do with high grass. It doesn't have anything to do
[01:07:11.880 --> 01:07:21.160]  with the prosecutor's discretion. Does a judge have the authority to deny a citizen access
[01:07:21.160 --> 01:07:29.400]  to the court for redress of grievance? That's a real easy question and it's a knee jerk answer.
[01:07:31.080 --> 01:07:38.440]  No, he does not have that authority. There is no way they can argue around that point.
[01:07:38.440 --> 01:07:45.320]  You've got to ask the right question to get the right answer. So you set each one of them up in
[01:07:45.320 --> 01:07:56.040]  turn and when you get to the Supreme, you file with the Supreme Court complaints, criminal complaints
[01:07:56.040 --> 01:08:03.080]  against everybody below them. The Supreme Court forgets that they're magistrates,
[01:08:05.560 --> 01:08:11.000]  just like everybody else. So now you have criminal charges against the Supreme Court.
[01:08:11.000 --> 01:08:17.720]  Now you go to the feds. Now you get to go to the feds and claim RICO.
[01:08:22.200 --> 01:08:29.800]  Is that right? Yeah, I know about RICO. That is the definition of RICO right there.
[01:08:30.760 --> 01:08:36.600]  Multiple parties with a definable hierarchy acting in concert inclusion,
[01:08:36.600 --> 01:08:45.960]  perpetrating predicate acts toward a common criminal enterprise. That's RICO and you
[01:08:45.960 --> 01:08:54.760]  can walk them right into it. I had a federal judge tell me once that filing a RICO suits
[01:08:54.760 --> 01:09:02.200]  like dropping an atomic bomb in the court. RICO is bad news because it's civil.
[01:09:02.200 --> 01:09:12.680]  It's kind of quasi-civil, quasi-criminal. You get to do civil litigation where
[01:09:14.360 --> 01:09:22.120]  they can claim Fifth Amendment, but it's a lot more difficult. You get to do civil discovery
[01:09:22.920 --> 01:09:30.680]  and then take that civil discovery and use it in a criminal capacity to get them prosecuted
[01:09:30.680 --> 01:09:38.440]  criminally. It terrifies them. So you don't really have to get to the RICO suit, but if
[01:09:39.560 --> 01:09:47.480]  you're thinking RICO, look at the elements of a RICO suit and look at the language they use.
[01:09:47.480 --> 01:09:57.720]  There are two primary things they say. Predicate acts, that's a key term in RICO. Predicate acts
[01:09:57.720 --> 01:10:06.680]  always sends up a RICO red flag. Predicate acts toward an ongoing criminal enterprise.
[01:10:07.800 --> 01:10:15.560]  If you accuse them of predicate acts in one place and of an ongoing criminal enterprise somewhere
[01:10:15.560 --> 01:10:22.920]  else, one of their lawyers is going to see that and say, wait a minute guys, he is setting us up
[01:10:22.920 --> 01:10:29.240]  for RICO. If you tell him you're going to do a RICO suit, they may not believe you,
[01:10:30.280 --> 01:10:35.480]  but if you get them to decide you're going to do a RICO suit, then they believe it.
[01:10:36.840 --> 01:10:40.520]  Then you get him squirming. Does that sound like fun, Jerry?
[01:10:41.800 --> 01:10:48.840]  Oh yeah. Well, in other words, the next thing I have to do is send these all up
[01:10:48.840 --> 01:10:55.160]  to the Commonwealth of the Harrisburg to set the next highest court under the supreme
[01:10:55.800 --> 01:11:03.640]  and see what they do with that. Yeah. Then when they don't, you include in your complaints, in your
[01:11:04.280 --> 01:11:13.240]  presentation to them, verified criminal affidavits. Oh yeah. And they will look at those as if they
[01:11:13.240 --> 01:11:21.240]  are exhibits. You're not going to look at those as if they are exhibits. You're going to look at
[01:11:21.240 --> 01:11:29.880]  those as if they are notice of crime to a magistrate. A magistrate has a D.
[01:11:32.520 --> 01:11:40.440]  Precisely. And all judges are magistrates. They forget that.
[01:11:40.440 --> 01:11:47.960]  So you don't tell them that they're magistrates. There's a, this is the court of appeals.
[01:11:48.760 --> 01:11:54.920]  These are the smart guy know-it-all judges. You don't have to give them legal advice,
[01:11:56.040 --> 01:12:01.240]  but when they don't act on your criminal complaints by holding a preliminary hearing,
[01:12:02.280 --> 01:12:10.120]  you file against them. I once got all of the highest judges in Texas put in front of a grand
[01:12:10.120 --> 01:12:21.240]  jury doing just that kind of stuff. I did not get them indicted, but I absolutely got their attention
[01:12:21.880 --> 01:12:32.840]  big time. This will, at each stage, you go in with the complaints and a request for restraining
[01:12:32.840 --> 01:12:40.200]  order against the city. And when they don't give you, give you that restraining order,
[01:12:41.000 --> 01:12:47.400]  then they've denied you due process. I have to get the restraining order first.
[01:12:48.360 --> 01:12:55.800]  They've just included with each of your filings. Since you're bringing a criminal accusation
[01:12:55.800 --> 01:13:04.840]  against these guys in this chain, it is the municipal that is retaliating against you.
[01:13:06.120 --> 01:13:14.200]  So you ask the court to restrict the municipality from retaliating against you.
[01:13:16.840 --> 01:13:20.520]  And that's your motion before the court. That invokes the court's jurisdiction
[01:13:20.520 --> 01:13:27.800]  in a case. But you added to that, they've got these verified criminal affidavits that they think are
[01:13:30.040 --> 01:13:37.480]  exhibits, but they're not. They're verified criminal affidavits and invoke their duty and
[01:13:37.480 --> 01:13:41.800]  they didn't do it. So then you step up the next step. You're asking the question,
[01:13:43.000 --> 01:13:48.440]  does a magistrate, when he is made known that a crime has been committed,
[01:13:48.440 --> 01:13:54.600]  have a duty to hold a preliminary hearing? Simple enough question.
[01:13:58.360 --> 01:14:08.280]  Let them try to answer that in the negative. If they do that, then they decimate the law as it stands.
[01:14:10.440 --> 01:14:17.000]  In order for the government to police the people, they need the help of the people to do that.
[01:14:17.000 --> 01:14:26.040]  They need people to come forward and file complaints. But when you get retaliated against
[01:14:26.040 --> 01:14:33.880]  for doing that, and the courts refuse to protect you, then nobody is safe filing complaints.
[01:14:35.080 --> 01:14:39.960]  So now the police are on their own. They're not going to want that to happen. Okay, go ahead, Jerry.
[01:14:39.960 --> 01:14:50.600]  What I'll do is I've got about 10 criminal complaints. I'll certify each one of 10 letters,
[01:14:51.160 --> 01:14:57.800]  10 certified return receipts, and send them up. And like that one guy said, there's good
[01:14:57.800 --> 01:15:06.120]  ideas to insure them. So I'll insure each one for like $500 a piece. And if they lose them,
[01:15:06.120 --> 01:15:11.240]  then I'll just turn the insurance plan over to the post office.
[01:15:15.240 --> 01:15:20.040]  That is Jerry. That is so devious.
[01:15:22.360 --> 01:15:24.040]  Bob, I've been listening to you for a while.
[01:15:26.360 --> 01:15:33.400]  I love it. Yeah, that's something I hadn't thought of before. Someone mentioned that
[01:15:33.400 --> 01:15:40.120]  on the air. About it being you that you send it insured, then you get to sick the postmaster on
[01:15:40.120 --> 01:15:50.520]  them. Oh, one more thing. This is my age. I'm 75. Is there a thing in the statute that says that you
[01:15:50.520 --> 01:15:57.320]  can't do this to a senior citizen or something like that? Wait, I'm having a little trouble
[01:15:57.320 --> 01:16:05.640]  understanding you. Back away from the mic a little bit. The mic's distorting. I'm 75. Is
[01:16:05.640 --> 01:16:11.960]  there something in the statute that says that they can't run around harassing senior citizens
[01:16:11.960 --> 01:16:20.760]  like this? Well, if you're 75 and they've done anything in violation of code that enhanced
[01:16:20.760 --> 01:16:30.840]  to buy elder abuse. What's that like? But I'm having trouble understanding you. What's elder
[01:16:30.840 --> 01:16:40.360]  abuse like? Brett, can you understand him? He was saying, what is elder abuse like? Oh,
[01:16:41.800 --> 01:16:48.600]  that's when you pick on one of us old guys. You deny us in our rights and we're old.
[01:16:48.600 --> 01:16:56.440]  And there's a specific law that enhances any crime you might commit. Are you going to say
[01:16:56.440 --> 01:17:02.840]  something, Brett? I've got to cut you off. Are you being harassed by debt collectors with phone
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[01:17:45.320 --> 01:17:52.440]  Michael Mirris banner or email michaelmirris at yahoo.com. That's ruleoflawradio.com or email
[01:17:52.440 --> 01:18:01.320]  m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now. I love logos. Without
[01:18:01.320 --> 01:18:06.200]  the shows on this network, I'd be almost as ignorant as my friends. I'm so addicted to the truth now
[01:18:06.200 --> 01:18:11.560]  that there's no going back. I need my truth pick. I'd be lost without logos and I really want to
[01:18:11.560 --> 01:18:15.480]  help keep this network on the air. I'd love to volunteer as a show producer, but I'm a bit of
[01:18:15.480 --> 01:18:20.680]  a Luddite and I really don't have any money to give because I spent it all on supplements. How can
[01:18:20.680 --> 01:18:26.440]  I help logos? Well, I'm glad you asked. Whenever you order anything from Amazon, you can help
[01:18:26.440 --> 01:18:31.960]  logos with ordering your supplies or holiday gifts. First thing you do is clear your cookies. Now
[01:18:31.960 --> 01:18:38.600]  go to www.LogosRegularNetwork.com. Click on the Amazon logo and book market. Now when you order
[01:18:38.600 --> 01:18:45.160]  anything from Amazon, you use that link and logos get a few pesos. Do I pay extra? No. Do you have
[01:18:45.160 --> 01:18:51.480]  to do anything different when I order? No. Can I use my Amazon Prime? No. I mean yes. Wow,
[01:18:51.480 --> 01:18:57.800]  giving without doing anything or spending any money, this is perfect. Thank you so much. We are
[01:18:57.800 --> 01:19:09.960]  welcome. Happy holidays, logos. This is the Logos Radio Network.
[01:19:15.080 --> 01:19:17.960]  Ain't gonna fly me.
[01:19:20.680 --> 01:19:21.960]  Don't want me.
[01:19:21.960 --> 01:19:34.120]  Ain't gonna fool me with that today.
[01:19:37.240 --> 01:19:42.600]  Okay, we are back. Randy Kelton, Brett Fountain with our radio,
[01:19:42.600 --> 01:19:53.480]  and Brett was accommodating and he dove off the cliff for me. In fact, I guess you can put it that
[01:19:53.480 --> 01:20:05.800]  way. Okay, we're talking to Jerry in Pennsylvania. So we were discussing elder abuse on the break.
[01:20:05.800 --> 01:20:16.920]  It's a nice enhancement. So, do you have a plan of action, Jerry? Well, do I follow the elder
[01:20:16.920 --> 01:20:23.720]  abuse complaints with the regular criminal complaints? Yes, you ask for enhancement
[01:20:25.560 --> 01:20:33.320]  because the elder abuse creates an enhancement. It's like you commit assault, but if you have a
[01:20:33.320 --> 01:20:39.640]  dead weapon while you're committing the assault, whether you use it or not, that's an enhancement.
[01:20:40.360 --> 01:20:46.120]  Elder abuse is another enhancement. It just kicks it up a great. And most of what you're
[01:20:46.120 --> 01:20:52.280]  speaking to are class A misdemeanors. That would kick it up to a felony.
[01:20:52.280 --> 01:21:02.440]  I guess it's in the Pennsylvania statute if I look for it, huh? Wait, say that again? I guess
[01:21:02.440 --> 01:21:08.440]  it's in the Pennsylvania statute if I go look for it. Elder abuse? Yeah, just look up elder abuse.
[01:21:08.440 --> 01:21:15.800]  You should find it. Oh, elder abuse. Okay, I'll do that. When I file a motion, can I file
[01:21:15.800 --> 01:21:22.600]  my 10 motions on the same paper or do they have to be 10 pieces of paper?
[01:21:23.480 --> 01:21:30.520]  You can file them all on one paper. I tend not to do that because what the judge will do
[01:21:31.240 --> 01:21:41.640]  is he will deny one item on the motion and ignore the rest. So, I tend to give one issue per
[01:21:41.640 --> 01:21:49.640]  motion so he has to address each one. And I've had judges complain about that, but I don't care.
[01:21:51.240 --> 01:21:54.760]  Why? They had the rubber stamp 10 documents denied when they
[01:21:55.560 --> 01:22:02.360]  it makes them feel bad or something? Yeah, well, they want to ignore issues that are
[01:22:02.360 --> 01:22:09.160]  difficult to argue against. So, they take one issue that they can deny and they
[01:22:09.160 --> 01:22:15.800]  did just deny the whole motion based on that one issue and they dodge all the rest. Well,
[01:22:17.080 --> 01:22:25.640]  what I do now is I've enhanced my methodology. If the judge fails to rule on any one item,
[01:22:25.640 --> 01:22:32.840]  I'll file criminal charges against him for that. Choose him of denying me access to the court.
[01:22:32.840 --> 01:22:42.840]  See how that works for him. But in order to keep, to avoid having that kind of problem,
[01:22:44.120 --> 01:22:51.960]  I like to put one issue per motion. And then the judge has to directly address each one of them.
[01:22:51.960 --> 01:23:01.720]  Okay, I'll do that. All right, Randy. It will make what you're doing more annoying.
[01:23:03.720 --> 01:23:13.400]  Ah, yeah. Okay, have fun, Jerry. Okay, bye, Randy.
[01:23:14.120 --> 01:23:19.320]  Okay, now we're going to go to Tina in California. Hello, Miss Tina.
[01:23:19.320 --> 01:23:26.040]  Hi, Randy. How are you? I am good. I don't care what everybody says.
[01:23:27.240 --> 01:23:32.440]  Well, you're doing better than me. I had a major accident on Wednesday and
[01:23:33.160 --> 01:23:42.440]  slit my arm open six inches down, slit a vein, blood all over. Oh my. But I'm still here and it
[01:23:42.440 --> 01:23:50.600]  was my left arm, so I can still write. Do you have any aloe, aloe vera? I do.
[01:23:52.280 --> 01:24:00.200]  Take aloe leaf, slice it in half, put it on the wound and then wrap it on there.
[01:24:00.840 --> 01:24:05.560]  It will be amazed how quickly it'll heal and it will heal without scarring.
[01:24:05.560 --> 01:24:13.560]  Is that after the stitches come out or before? Before, right now. Okay, okay.
[01:24:14.920 --> 01:24:20.520]  Set the pulp so the pulp's directly against your skin and just put a wrap on it to hold it there.
[01:24:21.640 --> 01:24:24.440]  You will be amazed. Aloe is like magic.
[01:24:26.360 --> 01:24:32.920]  Okay, well, that and I got to figure out how to pay the ambulance bill because I'm sure it's
[01:24:32.920 --> 01:24:39.160]  going to be very expensive. They even had the hazmat team coming after to clean up. There was so much
[01:24:39.160 --> 01:24:49.480]  blood. But anyway, I'm still here. I'm a little tired, but I'm here working on my paperwork
[01:24:49.480 --> 01:24:59.160]  because I can't do anything else because I can't move my arm. And I did file that request via my
[01:24:59.160 --> 01:25:07.160]  friend to the Supreme Court for their names of the clerks. I got that mailed off in someone
[01:25:07.160 --> 01:25:14.280]  else's name. I filed a request to get the written response from the attorney about my complaints
[01:25:14.280 --> 01:25:20.040]  from the state bar. And I also said if there is no written response, please explain why.
[01:25:20.040 --> 01:25:28.760]  Now, I've been, there's a couple of things. One, in my, because I'm finalizing the actual
[01:25:28.760 --> 01:25:35.160]  complaint about to the state bar about why they didn't send me the note as they promised.
[01:25:35.960 --> 01:25:44.920]  Should I leave, put in or leave out the fact that I'm going to use evidence code 622 somewhere
[01:25:44.920 --> 01:25:51.000]  where he can't complain because he made a promise and he can't go back on that in any litigation?
[01:25:51.000 --> 01:26:00.040]  Or should I leave that out and surprise him later? I'm not sure. I don't understand the
[01:26:01.240 --> 01:26:09.880]  legal context enough to know if that should be addressed early or if it's better to use it for
[01:26:09.880 --> 01:26:15.880]  Bushwick purposes. Okay. I'm kind of thinking it's better to use it for Bushwick purposes,
[01:26:15.880 --> 01:26:21.160]  but maybe if I get chance, I'll send you what I've written. And if you haven't a spare second,
[01:26:21.160 --> 01:26:26.520]  you can take a look and see if you like it. But I've been doing something that you like to do.
[01:26:26.520 --> 01:26:34.360]  I've been plagiarizing. Yeah. I wait, say that again. I said I've been doing something that
[01:26:34.360 --> 01:26:45.000]  you like to do. I've been plagiarizing from cases. And I want to say you think that what I've plagiarized
[01:26:45.000 --> 01:26:55.800]  is good enough to put into my objection to the request for judicial notice. One of these comes
[01:26:55.800 --> 01:27:05.160]  from a case that Kamala Harris herself prosecuted. So I'm taking her word and a few others from
[01:27:05.160 --> 01:27:13.480]  California. And it gives me a little case law. And I sort of putting in here, the court should
[01:27:13.480 --> 01:27:21.960]  decline respondent RJN and I'll spell that out. Numbers one through 27 because they are irrelevant
[01:27:21.960 --> 01:27:30.760]  and devoid of precedential value. Any matter to be judicially noticed must be relevant to
[01:27:30.760 --> 01:27:40.600]  the issues in the case, regardless of whether it is not reasonably disputable. Does that sound
[01:27:40.600 --> 01:27:50.520]  right? Yes. That's well put. That's, I think, from Kamala Harris. The next one is the only
[01:27:50.520 --> 01:27:57.960]  apparent purpose for respondent's request for judicial notice of the California court record
[01:27:57.960 --> 01:28:07.160]  is to imbue the material with presidential value it neither has nor can acquire. Although a court
[01:28:07.160 --> 01:28:14.760]  may judicially notice a variety of matters pursuant to evidence code section 450, only relevant
[01:28:14.760 --> 01:28:21.400]  material may be noticed and it gives a case here, California case. Judicial notice, since it is a
[01:28:21.400 --> 01:28:28.040]  substitute for proof, is always confined to those matters which are relevant to the issue at hand.
[01:28:28.840 --> 01:28:35.240]  Apart from their implied value as alleged precedent, which they lack, respondent fails
[01:28:35.240 --> 01:28:42.280]  to articulate any valid reason why these records are relevant or have any bearing on the one legal
[01:28:42.280 --> 01:28:49.000]  question that is before the court. Absent relevant, the court should decline judicial notice of the
[01:28:49.000 --> 01:28:59.960]  court record. Does that sound good? That sounds great. The next one is the case here. That's how
[01:28:59.960 --> 01:29:14.600]  it's done. It is my position that if you are having to wipe pleadings, whether than stitching
[01:29:14.600 --> 01:29:19.800]  together stuff you've got from other documents, you haven't done enough homework.
[01:29:19.800 --> 01:29:36.200]  The way that's worded, a judge will look at that and know that this came out of an opinion
[01:29:37.320 --> 01:29:44.200]  because that sounds like the way they use the language in opinions and he'll recognize that
[01:29:44.200 --> 01:29:51.720]  you have plagiarized it and that will give it more force and effect before the judge.
[01:29:53.480 --> 01:29:59.640]  Okay. Okay. Now, I've got a couple more to add in here. The California support
[01:30:02.840 --> 01:30:09.880]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing
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[01:33:27.240 --> 01:33:49.720]  The way you come with temptation, they're trying to buy the whole place. They want a
[01:33:49.720 --> 01:34:06.200]  voice in the nation because they're falling from grace. I will not think that's enough.
[01:34:06.200 --> 01:34:13.480]  Okay, we are back. Randy Kelsen, Bret Fountain, Rule of Law Radio, and we're talking to Tina
[01:34:13.480 --> 01:34:20.840]  in California, and where were we when I dove off the cliff? Yeah, you admitted it this time,
[01:34:20.840 --> 01:34:28.760]  so that's amazing. We were talking about what there's another couple of things. The California
[01:34:28.760 --> 01:34:33.800]  Supreme Court has held that even judicial notice of the authenticity and contents of an official
[01:34:33.800 --> 01:34:39.640]  document does not establish the truth of the recitals therein, nor does it render an admissible
[01:34:39.640 --> 01:34:45.880]  hearsay. Although a court may take notice of the existence of the document in court files,
[01:34:45.880 --> 01:34:51.240]  it cannot take judicial notice of the truth of the hearsay statements and the decisions of the
[01:34:51.240 --> 01:34:57.960]  court files. Then it gives a California case. And I'm not sure if I can put this part in
[01:34:57.960 --> 01:35:04.600]  because it says, to the extent, as to take notice of the truth of the matters asserted
[01:35:04.600 --> 01:35:08.680]  in these documents, and not merely their existence, but also state a developed objection.
[01:35:08.680 --> 01:35:13.400]  I have to reread that to see if that last part applies to me. Then it says,
[01:35:13.960 --> 01:35:18.200]  tell case, while courts are free to take judicial notice of the existence of each
[01:35:18.200 --> 01:35:24.760]  document in a court file, including the truth of results reached, they may not take judicial
[01:35:24.760 --> 01:35:32.040]  notice of the truth of hearsay statements in decisions and court file. Even though hearsay
[01:35:32.040 --> 01:35:37.720]  statements are really part of the court record or file, it does not mean that they are proper
[01:35:37.720 --> 01:35:44.120]  records for judicial notice. The documents respondents seek judicial notice of are
[01:35:44.120 --> 01:35:50.120]  documents that consist of hearsay statements and are not proper records for judicial notice.
[01:35:50.120 --> 01:35:54.600]  Since the court can only take judicial notice of the existence of these documents,
[01:35:54.600 --> 01:35:58.840]  the documents lose any relevance they might otherwise have on the material
[01:35:58.840 --> 01:36:04.600]  if it is in this case. Since the documents have no relevance to the material issue at hand,
[01:36:04.600 --> 01:36:08.920]  the court should sustain petitioner's objection to the exhibits and deny
[01:36:08.920 --> 01:36:17.000]  judicial notice of exhibits one through 28. Is that enough for my objection to just put that in?
[01:36:18.040 --> 01:36:22.760]  I would say that is more than sufficient. Okay.
[01:36:23.960 --> 01:36:30.680]  Because it's clear that none of all, none of these, for those who don't remember or haven't
[01:36:30.680 --> 01:36:37.480]  heard the rest of this, this is what attorneys do when they don't have a strong, a position they
[01:36:37.480 --> 01:36:47.640]  can argue, is they argue a lot of stuff that's irrelevant. And this is a case where Tina has
[01:36:47.640 --> 01:36:57.800]  filed for a petition to declare toward judgment asking the judge to rule. Does a lender, once
[01:36:57.800 --> 01:37:06.360]  the loan is satisfied, have a statutory duty under what was the statute? 2941.
[01:37:07.320 --> 01:37:17.480]  Yeah, 2941 to return the original note to the borrower. That's exactly what 2941 says.
[01:37:18.280 --> 01:37:23.480]  So you're asking the court to rule, did the legislature mean what they said?
[01:37:23.480 --> 01:37:29.960]  That's all this before the court. And they're arguing all of the issues in the foreclosure case.
[01:37:31.080 --> 01:37:38.040]  All of that's irrelevant. This isn't about foreclosure. It's about the satisfaction of a note.
[01:37:38.040 --> 01:37:44.840]  Doesn't matter how it's satisfied. If it's satisfied through foreclosure, that's satisfying the note.
[01:37:45.560 --> 01:37:51.560]  And she's asked for the original note back. They refuse to produce it. She asked the court to give,
[01:37:51.560 --> 01:37:56.200]  to render a ruling as to whether or not they were required to. Once she gets that,
[01:37:56.200 --> 01:38:03.560]  then she could go back and sue for it. And the fact that they're required to do it becomes restuticata.
[01:38:07.160 --> 01:38:14.440]  Okay. Should I put in as well where I said, told you last week that the California Constitution
[01:38:14.440 --> 01:38:22.200]  Article 1-2, a statute, court rule, or other authority, including those in effect of the
[01:38:22.200 --> 01:38:27.240]  effective date of this subdivision, shall be broadly construed if it furthers the people's
[01:38:27.240 --> 01:38:33.400]  right of access and narrowly construed if it limits the right of access. The statute or
[01:38:33.400 --> 01:38:38.680]  court rule or other authority adopted after the effective date of this subdivision that limits
[01:38:38.680 --> 01:38:43.800]  the right of access shall be adopted with findings demonstrating the interest protected
[01:38:43.800 --> 01:38:50.120]  by the limitation and the need for protecting that interest. Does that, especially the first part
[01:38:50.120 --> 01:38:55.000]  where it says it should be broadly construed if it furthers the people's right of access?
[01:38:55.960 --> 01:39:04.280]  Should I put that in at the bottom? Absolutely. Okay. That's the primary directive.
[01:39:04.280 --> 01:39:10.760]  Yep. And it is our California Constitution.
[01:39:12.920 --> 01:39:17.560]  This sounds like it's well structured. It'd be interesting to see how this shakes out.
[01:39:18.840 --> 01:39:27.800]  Okay. I will put it in. If you get the ruling and you get an order from the court saying that they
[01:39:27.800 --> 01:39:33.960]  have a duty to return it, then you would have to take them back to court because you can't get
[01:39:33.960 --> 01:39:41.720]  an, this court cannot order them to produce it because you file for declaratory judgment.
[01:39:41.720 --> 01:39:48.440]  All they can do is make the declaration. Once the declaration is made, then you can file suit
[01:39:49.880 --> 01:39:57.880]  for the return of the note. If they're unable to produce it, this is new evidence in the foreclosure
[01:39:57.880 --> 01:40:05.560]  case. Now you can go back and revisit the foreclosure because this was a matter that
[01:40:05.560 --> 01:40:13.400]  it was accepted as true that they had the note. Now, if they are unable to produce it
[01:40:15.880 --> 01:40:23.560]  after they have been directly ordered to do so, that provides the adverse inference
[01:40:23.560 --> 01:40:30.360]  that they never had it to start with. You can take that back and we attack the foreclosure.
[01:40:32.120 --> 01:40:36.760]  Well, that would be good because they have said I can also then bring in the fact
[01:40:36.760 --> 01:40:45.080]  that they have interfered with and destroyed evidence material to the case. And that's in the
[01:40:45.880 --> 01:40:49.640]  California Proof of Business and Professional Conduct.
[01:40:49.640 --> 01:40:57.000]  And this goes to subject matter jurisdiction. And that's important because subject matter
[01:40:57.000 --> 01:41:03.400]  jurisdiction may be challenged no matter how remote in history. Now you can go back
[01:41:04.600 --> 01:41:15.240]  and claim that the foreclosing entity lacked the legal capacity to invoke the subject matter
[01:41:15.240 --> 01:41:23.400]  jurisdiction of the court. Okay. So that'll allow you to get back into the foreclosure case.
[01:41:24.520 --> 01:41:30.840]  And these lawyers, they wrote this large pleading. I think they fully understand that.
[01:41:33.480 --> 01:41:38.520]  Yes. Well, I've asked a couple of people and they said, why would they send all this money to
[01:41:38.520 --> 01:41:45.560]  send an expensive $400 on their attorney, all the way to send them and pay for the court and
[01:41:45.560 --> 01:41:51.160]  pay for this copying and such. Yet why did they just send you them out? Why would they send that
[01:41:51.160 --> 01:41:59.480]  money? What are they trying to hide? Because they don't have it. That's the adverse inference.
[01:42:01.400 --> 01:42:04.520]  Even though they've admitted in writing that they do have it.
[01:42:04.520 --> 01:42:11.400]  Yeah. Okay. Every, everything must be examined from the perspective of,
[01:42:13.640 --> 01:42:21.560]  let me express what they're not examined by. They don't consider this based on what you would do.
[01:42:21.560 --> 01:42:27.480]  You know, they'll tell the jury, do not make your determination based on what you would do or what
[01:42:27.480 --> 01:42:38.360]  you think. Base your determination on a reasonable person of ordinary prudence. What would a reasonable
[01:42:38.360 --> 01:42:48.040]  person of ordinary prudence do if they had the note and they had a statutory duty to present
[01:42:48.040 --> 01:42:56.440]  the note to the borrower? If they fail to do what a reasonable person of ordinary prudence would do,
[01:42:56.440 --> 01:43:05.400]  then that creates an adverse inference. It begs the question, why would they not?
[01:43:08.920 --> 01:43:15.320]  The only reasonable answer becomes because they never had it in the first place.
[01:43:15.320 --> 01:43:26.760]  Yeah. So now that goes back, such matter jurisdiction. Okay. Sounds good.
[01:43:27.720 --> 01:43:35.160]  Yeah. So you get to turn everything back on. Yeah. I like this. One thing I just want to
[01:43:35.160 --> 01:43:41.080]  tell people, if there's anyone else in California here or any state, I spoke to a very educated
[01:43:41.080 --> 01:43:46.360]  person the other day who would never knew we had a California constitution and had never read it.
[01:43:50.040 --> 01:43:57.960]  What? Yeah. That's kind of, how did he get through high school? Did they not have a civic
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[01:46:00.120 --> 01:46:26.440]  Okay, we are back. Randy Kelton, Brett Fountain, rule of law radio,
[01:46:26.440 --> 01:46:33.480]  and we're talking to Tina in California. Okay, Tina, it sounds like you got this together.
[01:46:35.000 --> 01:46:40.440]  Well, I'm getting it together, but on another note, I went to four years of college here,
[01:46:40.440 --> 01:46:47.720]  and not once do I remember being taught about the California Constitution, not once.
[01:46:47.720 --> 01:46:57.800]  That is odd. I mean, here we talk about Constitution all the time,
[01:46:59.320 --> 01:47:08.920]  and one of the things I address in that e-book is some perceptions about the Constitution that
[01:47:08.920 --> 01:47:15.400]  are simply wrong, and people are always quoting the Constitution and how the Constitution grants
[01:47:15.400 --> 01:47:21.000]  me all these rights, and you say, no, no, no, it doesn't do that. It doesn't grant rights,
[01:47:21.000 --> 01:47:28.440]  it restricts public officials in doing certain things. All of the rights are rights you already
[01:47:28.440 --> 01:47:35.960]  have. The Constitution just specifically forbids public officials from violating certain of
[01:47:35.960 --> 01:47:43.960]  those rights. Anyway, but the fact that... I would never have read it if I hadn't been through this,
[01:47:43.960 --> 01:47:50.520]  so, you know, I'm learning, and it's very interesting to find what I should have known
[01:47:50.520 --> 01:47:57.080]  years ago, and I did not, but I think they want to keep us ignorant, and that's why they don't
[01:47:57.080 --> 01:48:04.280]  teach us it. Yes, they definitely want to keep us ignorant. You know, they're very quick to say
[01:48:04.280 --> 01:48:12.520]  that ignorance is not a defense, but if you attempt to learn the law, then you are put at risk.
[01:48:14.840 --> 01:48:20.680]  Technically, under their laws, I can't talk to you about law because they'll accuse me of
[01:48:20.680 --> 01:48:30.600]  practicing law without a license. Now, in Texas, we've got an unauthorized practice of law committee,
[01:48:30.600 --> 01:48:36.680]  and I have essentially been daring them to come after me for years,
[01:48:39.320 --> 01:48:48.360]  because this is an issue that needs to get into the courts. This issue of talking to someone
[01:48:48.360 --> 01:48:55.560]  else about law or me giving them my legal opinion, that's First Amendment,
[01:48:55.560 --> 01:49:04.200]  and there's no way they can restrict that. What they do, and they use it to scare people.
[01:49:07.720 --> 01:49:11.640]  I hadn't been able to scare me off, and I've been trying to give them to come after me
[01:49:12.200 --> 01:49:19.160]  so that I can get this in the federal court and get a constitutional opinion on it,
[01:49:21.400 --> 01:49:24.760]  and I guess they kind of know that's why they haven't come after me, because I know they've
[01:49:24.760 --> 01:49:32.600]  gotten complaints about me. The fact that I was on the air in Austin, where all these,
[01:49:34.520 --> 01:49:39.000]  where the bar is, and all of our legislators, they all know what I'm doing,
[01:49:39.640 --> 01:49:45.960]  but nobody's coming after me because they know it's wrong. Anyway, okay.
[01:49:46.760 --> 01:49:50.280]  Yes, Wendy would let you go to one of the callers. Thank you for helping me with this,
[01:49:50.280 --> 01:49:55.640]  and I'll get to finishing it. Okay. Thank you, Tina. Well, thank you.
[01:49:56.680 --> 01:50:02.040]  Now we're going to go to Tim in Texas. Hello, Tim. Hello, sir. How are you tonight?
[01:50:03.000 --> 01:50:10.840]  I am good. What do you have for us today? Well, we got, I think yesterday,
[01:50:10.840 --> 01:50:18.840]  the day that the three appeals court judges are going to hear our case.
[01:50:19.480 --> 01:50:24.200]  There's not any oral argument, so it's going to be on August 22nd, so
[01:50:26.920 --> 01:50:33.720]  I got to looking at, you know, it seems like the whole case is hinging on this.
[01:50:33.720 --> 01:50:46.600]  Their attorney's city is saying that we don't have a case because we've sued the city along
[01:50:46.600 --> 01:50:54.840]  with its employees, and therefore it makes everything immune that can be touched. And
[01:50:54.840 --> 01:51:05.320]  so I thought, okay, well, I looked up today the original case after they filed against us in
[01:51:05.320 --> 01:51:11.640]  the district court, which was a civil suit, and I think we'll call it a plea to the jurisdiction
[01:51:12.280 --> 01:51:20.120]  and then our counterclaim, and I started reading through it. And I got to a point here
[01:51:20.120 --> 01:51:33.240]  where under the part that says, denial of due process, void all. And I put the fifth and the
[01:51:33.240 --> 01:51:48.920]  fourteenth amendment, and then I got down. Do we lose you, Tim? No, I'm here. Oh, okay.
[01:51:48.920 --> 01:51:55.240]  Okay. You must have stopped talking. Yeah, I just did for a second. Anyway,
[01:51:55.240 --> 01:52:01.960]  I got to this point here, and it's talking about, because you and I just had talked about this,
[01:52:01.960 --> 01:52:08.840]  that the appeals court under our mandamus, they picked up the part about
[01:52:13.160 --> 01:52:16.360]  Raymond, you seem to be moving away from the mic because I'm losing you.
[01:52:16.360 --> 01:52:23.880]  No, I'm... Randy, I think there's some loud sounds coming off, but I don't know who's in there, but
[01:52:23.880 --> 01:52:33.400]  it seems to be putting him under the suppressor. Okay, I bet maybe there's a train going by outside
[01:52:33.400 --> 01:52:40.280]  my house, but it's not that loud. No, it would have to be coming from my end, but I'm looking
[01:52:40.280 --> 01:52:48.760]  around. I don't know what could be causing it. Okay, go ahead. Anyway, we have talked about,
[01:52:49.320 --> 01:52:55.560]  anyway, how the appeals court said that the original case in the municipality was not legal,
[01:52:55.560 --> 01:53:03.800]  because the city has not adopted into their ordinances where they could turn the case over
[01:53:03.800 --> 01:53:14.120]  to an administrative force. Okay, well, I got to look in the original case in October 2007,
[01:53:14.120 --> 01:53:19.720]  which was our answer to their civil suit against us when we get a plea to the jurisdiction and all.
[01:53:20.520 --> 01:53:26.440]  Here's something you wrote, and I'll read this to you. It's good. It's not bad.
[01:53:26.440 --> 01:53:32.520]  Okay. Are you there? Okay, you ready?
[01:53:33.560 --> 01:53:40.520]  I'm ready. Okay, there is nothing in law that allows any municipality to appoint any kind
[01:53:40.520 --> 01:53:47.560]  of tribunal to make determinations of law, and as much as a municipality is a legal fiction of
[01:53:47.560 --> 01:53:53.800]  constructive law, the municipality may only do what the law specifically authorizes it to do.
[01:53:53.800 --> 01:54:01.640]  The municipality would have to have specific statutory authorization to impanel a board to
[01:54:01.640 --> 01:54:10.280]  make a legal determination in case for application of a particular law. There is nothing in the
[01:54:10.280 --> 01:54:15.560]  municipal ordinances which authorizes the municipality to bypass the code of criminal
[01:54:15.560 --> 01:54:22.440]  procedure and substitute a board of lay persons to perform the duties normally described to the
[01:54:22.440 --> 01:54:32.840]  court of appeal. So, it was in our original document, and that's, to me, that's a good sign. Now,
[01:54:34.040 --> 01:54:41.480]  that shows me that the original, there's a whole bunch more, there's 36 pages of this,
[01:54:42.520 --> 01:54:50.440]  but it also says further in there that the only reason why they took us to district court was
[01:54:50.440 --> 01:55:00.600]  on a faulty premise. So, for them to, my question, I had put it on my eddy page today,
[01:55:01.240 --> 01:55:07.960]  no one's really answered my question. To expect from a court of law, this is an appeals court,
[01:55:07.960 --> 01:55:15.480]  so it's a hired court, will they actually look and see that we filed the proper paperwork
[01:55:15.480 --> 01:55:23.720]  in order to be able to have an appeal? Because the district judge based his,
[01:55:26.200 --> 01:55:33.560]  I don't know what you call it, dismissed our counterclaim on the basis that the administrative
[01:55:33.560 --> 01:55:40.760]  hearing was legal. So, he never checked it out for himself, so I'm sure it had to be a surprise to
[01:55:40.760 --> 01:55:54.920]  him when the appeals court said it was wrong. So, he still allowed the $80,000 judgment against us.
[01:55:54.920 --> 01:56:02.120]  Now, eventually, the city came and dismissed that, but am I talking in circles here or do
[01:56:02.120 --> 01:56:09.400]  you understand where I'm going with this? Should we expect this appeals court to actually look
[01:56:09.400 --> 01:56:17.400]  and see that we had all the proper paperwork filed? And we had challenged, that was another thing,
[01:56:17.400 --> 01:56:23.880]  when we challenged the subject matter jurisdiction in the municipality, they may never understand.
[01:56:23.880 --> 01:56:34.200]  Okay, hold on, there's something you're missing. Okay. In the appeal, we filed the appeal as a
[01:56:34.200 --> 01:56:44.920]  challenge to the subject matter jurisdiction of the appellate court. That bypasses any arguments
[01:56:44.920 --> 01:56:54.040]  about notice of appeal, timely notice of appeal, all that garbage about appeal, this bypasses all of
[01:56:54.040 --> 01:57:05.400]  that. We're saying that this court lacks jurisdiction because the original court from which this was
[01:57:05.400 --> 01:57:13.880]  appealed lacked jurisdiction, because the original court in this case was the district court,
[01:57:15.080 --> 01:57:22.760]  and the district court lacked jurisdiction because the initial hearing was by a panel
[01:57:22.760 --> 01:57:31.240]  that did not have jurisdiction. So the original panel could not give legal standing to the city
[01:57:31.240 --> 01:57:38.040]  to file an action in the district court, and since the district court could not have jurisdiction,
[01:57:38.040 --> 01:57:44.360]  neither can the appeals court. So we're asking the court to rule on jurisdiction.
[01:57:44.360 --> 01:57:49.560]  All that argument about right to appeal, timely notice, is irrelevant.
[01:57:49.560 --> 01:57:57.480]  Right. That's what they're trying to come up with, exactly. So that makes sense to me today.
[01:57:57.480 --> 01:58:02.200]  When I read that, I went, holy cow, because I was thinking we had never mentioned that,
[01:58:03.960 --> 01:58:07.240]  but we did. When I say we, you know what I mean.
[01:58:08.920 --> 01:58:10.200]  Mr. Mayor, get the big bucks.
[01:58:11.800 --> 01:58:16.600]  Well, that's why you took a deal for me.
[01:58:16.600 --> 01:58:20.520]  Well, you know what? You'll never forget that.
[01:58:23.720 --> 01:58:27.320]  And neither will I, because my wife still has to type up the sender.
[01:58:27.320 --> 01:58:31.480]  And neither will Brett, because you're in Brett's car at the time.
[01:58:33.720 --> 01:58:37.240]  Well, it's what seemed to be the deal of me buying it from Brett.
[01:58:39.080 --> 01:58:43.560]  I couldn't just give it back to him. You know, I couldn't take it and get it washed
[01:58:43.560 --> 01:58:48.760]  and detailed and, you know, put, fill it up with gas and give it back to him with knife or chain.
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