ROL_2019-09-20_16k_Hr1-2.timecode
[00:00.000 --> 00:06.840] The following news flash is brought to you by The Lone Star Lowdown.
[00:06.840 --> 00:13.720] Markets for Monday the 22nd of July 2019 Open with Precious Metals, Gold $1,429.00, Silver
[00:13.720 --> 00:24.240] $16.45.00, Copper $2.75.00, Oil, Texas Crew $55.63.00, Brent Crew $62.47.00, and Cryptos
[00:24.240 --> 00:34.840] and Order of Market Cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Light
[00:34.840 --> 00:46.320] Coin $100.31, and Bitcoin Cash is at $324.10 of Crypto Coin.
[00:46.320 --> 00:52.520] In history, the year 1916, the preparedness day bombing, a tying suitcase bomb, was detonated
[00:52.520 --> 00:57.840] on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.840 --> 01:04.880] 10 and entering 40 today in history.
[01:04.880 --> 01:05.880] And recent news.
[01:05.880 --> 01:10.560] Since Governor Greg Abbott signed House Bill 1325, legalizing heaven attacks his law back
[01:10.560 --> 01:15.200] in June, county prosecutors around the state, including Houston, Austin, and San Antonio,
[01:15.200 --> 01:19.120] have been dropping marijuana possession charges and even refusing to file new ones, since
[01:19.120 --> 01:23.280] they are stipulating that they do not have the time or the laboratory equipment to test
[01:23.280 --> 01:24.840] the herb for THC.
[01:24.840 --> 01:28.560] Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.560 --> 01:33.120] she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.120 --> 01:34.120] law.
[01:34.120 --> 01:37.720] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.720 --> 01:42.240] to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.240 --> 01:48.400] in Texas, and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.400 --> 01:54.640] well as other cities, too, like the District Attorney, in El Paso, Cayma Esparza, a Democrat
[01:54.640 --> 01:59.120] who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.120 --> 02:01.920] prosecution of marijuana cases in El Paso.
[02:01.920 --> 02:06.920] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.920 --> 02:10.880] in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.880 --> 02:13.640] something illegal based on its chemical makeup.
[02:13.640 --> 02:17.520] It's important that if someone is charged with something, the test matches what they're
[02:17.520 --> 02:22.720] charged with.
[02:22.720 --> 02:27.560] A paper by Tulane University identified a 5-and-a-half-inch American pocket shark.
[02:27.560 --> 02:32.480] As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.480 --> 02:38.120] shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.120 --> 02:39.600] Pacific Ocean.
[02:39.600 --> 02:43.920] According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.920 --> 02:50.200] its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.200 --> 03:19.160] glow.
[03:19.160 --> 03:46.400] Okay, howdy howdy this is Randy Kelton Brett Fountain rule of law radio on this the 20th
[03:46.400 --> 03:59.040] Friday the 20th day of September 2019. We just passed 91919. That was yesterday. Now
[03:59.040 --> 04:08.520] we're 9 2019. Oh well. Guess that wasn't very interesting. Anyway, we have a good
[04:08.520 --> 04:13.200] show tonight. I have a number of people who are going to call in. Didn't get off to the
[04:13.200 --> 04:19.640] West Bank start I'd hoped for. I didn't hear Brett laughing until it was too late. So that
[04:19.640 --> 04:30.480] means he was laughing at me. That would never be. I'm turning the phones on. But we will
[04:30.480 --> 04:41.280] have the phones on all night or call in number 512-646-1984. And I've been putting some tools
[04:41.280 --> 04:50.320] together for these first amendment audit people. Brett and I were just talking about it before
[04:50.320 --> 04:58.760] the show. These guys go in and they kind of they poke the bear. And they walk around with
[04:58.760 --> 05:05.080] cameras until somebody gets annoyed and comes in interference with them. And then they really
[05:05.080 --> 05:11.760] go out of their way to annoy these people. These are guys after my own heart. But what
[05:11.760 --> 05:17.360] I want to do is give them some more powerful tools. And I've been for the last few days
[05:17.360 --> 05:26.400] building a bunch of documents. I have a whole bunch of information requests where each thing
[05:26.400 --> 05:34.400] that's asked for is asked for in a completely separate request. So they'll go in with a
[05:34.400 --> 05:40.280] big manila folder. And what happens these guys go in they start videotaping and somebody
[05:40.280 --> 05:47.680] always comes up to them and says can I help you. And I'm going to suggest they tell him
[05:47.680 --> 05:55.480] no if I need you I will summon you your dismiss you can go. And then he's going to say can
[05:55.480 --> 06:04.240] I help you. That was menacing. The first one was polite. The second time he asks that's
[06:04.240 --> 06:17.240] menacing. And you tell him no get lost. Then if he says can I help you 9-1-1. And asked
[06:17.240 --> 06:21.760] the 9-1-1 officer to send someone out as you have someone here with a gun and he appears
[06:21.760 --> 06:27.080] to be agitated. And he is menacing. And now I feel threatened by him.
[06:27.080 --> 06:31.600] Well he seems to have some mental issues. He keeps asking the same question over and
[06:31.600 --> 06:36.520] over. And I keep answering it but he still answers it. So can you get someone out here
[06:36.520 --> 06:43.640] to get him under control and take my complaint for official misconduct. And then while you're
[06:43.640 --> 06:52.160] waiting for the 9-1-1 guy you take out a complaint for official misconduct where someone asks
[06:52.160 --> 06:58.960] you three times if he could help you. And you ask the officer right here will you write
[06:58.960 --> 07:08.520] your name in that blank. They already feel like these first amendment
[07:08.520 --> 07:18.160] auditors are setting them up. But they're kind of arrogant and blase about it. We want
[07:18.160 --> 07:27.000] to change that. We want to know they're really setting them up to go after them big time.
[07:27.000 --> 07:33.800] So when the officer asks the third time and I watched a lot of these videos one of them
[07:33.800 --> 07:39.000] they followed someone around for 20 minutes. Two of them. Can I help you? Can I help you?
[07:39.000 --> 07:46.360] Can I help you? So third time 9-1-1 that puts you into that garbage. Sometimes they come
[07:46.360 --> 07:53.320] out and they tell him you're going to have to stop videoing. First time they say that
[07:53.320 --> 08:04.200] that gets a 9-1-1 call. They come out and they ask for their ID. You ask am I under arrest?
[08:04.200 --> 08:11.800] They say no you're being detained. What is the specific probable cause that you have
[08:11.800 --> 08:21.280] to believe that I have committed a crime? You're suspicious 9-1-1. Suspicious is not
[08:21.280 --> 08:28.680] a crime. It's not probable cause. It's insufficient for detention. There's no need to tell them
[08:28.680 --> 08:35.360] that I have a right to videotape. You don't have a right to detain me because I didn't
[08:35.360 --> 08:40.840] give you my ID. I don't have to give you my ID unless I've been arrested. Blah blah
[08:40.840 --> 08:47.640] blah. Heck with all that stuff. You presume these are professional police officers and
[08:47.640 --> 08:56.320] they already know this. So if they already know this it must be presumed that their actions
[08:56.320 --> 09:03.480] are intentional. They know they're in violation of law and they're doing it on purpose so
[09:03.480 --> 09:11.640] telling them is a little value. You don't want to tell them anyway. You want to tell
[09:11.640 --> 09:18.400] the guy that was sent out to arrest them. So what I'm trying to get them to do is they
[09:18.400 --> 09:27.600] try to educate the first guy they encounter. Not the best strategy. The one you want to
[09:27.600 --> 09:36.040] educate is the guy that comes to answer your 9-1-1 call. You educate him as to the criminal
[09:36.040 --> 09:42.040] violation of the first person and what you really want to get the 9-1-1 responder to
[09:42.040 --> 09:49.360] do is refuse to take your complaint because then you take out the second criminal complaint
[09:49.360 --> 09:55.840] form. When the 9-1-1 guy gets there either your guy will have put his name on your document
[09:55.840 --> 10:01.200] which he probably won't so you get his name and you write his name in and when the officer
[10:01.200 --> 10:06.280] gets there you see this document you sign it at the bottom and hand it to him and then
[10:06.280 --> 10:10.840] he's going to decide that he doesn't believe the officer committed a crime so he's not
[10:10.840 --> 10:20.080] going to take your complaint. Well there's a problem with that. He's not a magistrate.
[10:20.080 --> 10:26.280] He can't hold an examining trial and make a determination of probable cause. Well your
[10:26.280 --> 10:37.720] judge can do that or a mayor. A mayor, a recorder in Texas, whatever the heck that is, never
[10:37.720 --> 10:48.240] have found out what that is. But yes all mayors are magistrates so no cops are magistrates.
[10:48.240 --> 10:55.840] So you give the policeman notification that a crime has been committed and you do so in
[10:55.840 --> 11:01.960] your capacity as a credible person. Assuming you've never been convicted of a felony and
[11:01.960 --> 11:10.880] you're over 18 you are a credible person by definition. So you have just given him notice
[11:10.880 --> 11:20.960] that a crime has been committed. He has no power to preempt your determination. Only
[11:20.960 --> 11:26.320] a magistrate can do that. So he's exerted or purported to exert an authority he does
[11:26.320 --> 11:33.440] not express to have an impersonation of a public official. So you pull out the second complaint
[11:33.440 --> 11:43.720] for impersonating a judicial officer and ask him, you put your name right there and then
[11:43.720 --> 11:48.320] when he does it you write his name in there and you sign it in front of him. You see this?
[11:48.320 --> 11:53.800] Here I'm signing it in front of you so you can verify that I signed it. Now I need your
[11:53.800 --> 11:59.320] supervisor and you reach in your case and you pull out the next complaint and put it
[11:59.320 --> 12:12.360] on top. That one's for the supervisor. If we're going to change their behavior the best
[12:12.360 --> 12:18.080] way to do it is to let them know that we're one step ahead of them the whole way. And
[12:18.080 --> 12:24.720] this is just first crack out of the hat. This is fun and games on the front end and we get
[12:24.720 --> 12:29.200] to have fun and games. I plan on doing some of these and I'm going to have fun with them.
[12:29.200 --> 12:35.960] First time I get a cop with mouth and attitude I'm going to tell him that we're dealing
[12:35.960 --> 12:40.040] with bailiffs and I tell the bailiffs that the only reason you're here in the courthouse
[12:40.040 --> 12:45.200] is because you're unfit to work on the streets and they couldn't fire you so they had to
[12:45.200 --> 12:49.560] put you somewhere where you wouldn't cause any trouble so they put you here in the courthouse.
[12:49.560 --> 12:53.160] Now you're causing trouble here in the courthouse. You really need to be out there on the street
[12:53.160 --> 13:00.400] picking up dead cats and skunks on the highway where you won't cause any trouble. I got a
[13:00.400 --> 13:08.400] lot of things like that to do to them. And I've done this before. When you jerk them
[13:08.400 --> 13:16.680] around in a halfway joking way they got two problems. You've heard me on the show talk
[13:16.680 --> 13:23.640] about asking a policeman to take his chicken suit off. The 911 responder when he refuses
[13:23.640 --> 13:29.680] to arrest the officer I'm going to ask him to take his chicken suit off. Very specific
[13:29.680 --> 13:38.760] reason for doing that. Everything you do everything you say you should always consider
[13:38.760 --> 13:50.040] how will this sound to a grand jury of my peers. So when the officer tells the grand jury
[13:50.040 --> 13:58.320] or anyone else that you were agitated. Perfect example of why this how this works. I've told
[13:58.320 --> 14:06.080] the story of the hearing aid story where I set up the judge to not turn up the sound
[14:06.080 --> 14:13.080] in the room so I could charge him with failing to provide me with the combination of the
[14:13.080 --> 14:18.720] Americans Disabilities Act. Well the bailiff refused to arrest the judge and I told him
[14:18.720 --> 14:25.160] to take his chicken suit off. The guy was about six foot six, 350 pounds. Big old boy.
[14:25.160 --> 14:29.480] Told him to take his chicken suit off and he said he wouldn't take his chicken suit
[14:29.480 --> 14:36.240] off. So he sent me down to the municipal police department at Mansfield, Texas and
[14:36.240 --> 14:42.680] I called the dispatcher. I got the dispatcher number and called and asked for an officer
[14:42.680 --> 14:48.240] to send an officer out to take my complaint. He come out and I want him to arrest the justice
[14:48.240 --> 14:55.480] of the peace across the street. One of these tight-skinned red face, I'm big and bad type.
[14:55.480 --> 15:02.480] He looked like it had way too many anabolic steroids and I told him I want him to arrest
[15:02.480 --> 15:06.240] the judge across the street. I'm not going to arrest the judge. I said what have you
[15:06.240 --> 15:11.560] seen you for? I need a real policeman. Oh I am a real policeman. I'm sure that makes
[15:11.560 --> 15:18.120] him feel real good. You're a perp. I need a real policeman. I need someone to take their
[15:18.120 --> 15:24.760] chicken suit off. I need you to take your chicken suit off. He was so angry. He was
[15:24.760 --> 15:30.120] visibly shaking. David Wethy and his daughter were with me. When I said that to him and
[15:30.120 --> 15:35.000] they saw his reaction, they backed up about 20 feet. They said I thought that was good.
[15:35.000 --> 15:41.240] The guy was going to shoot you. He said nah. These guys are all huffing puffing mouthed.
[15:41.240 --> 15:45.600] They're used to huffing and puffing on the high school parking lot. They're not used
[15:45.600 --> 15:52.200] to running into grownups. So he is furious and he just kept standing there with his
[15:52.200 --> 15:57.320] arms. I said look, look, look, you're not going to do your job. I'm done with you.
[15:57.320 --> 16:02.560] You're dismissed. You can leave. I kind of flicked my fingers at him. He clearly wanted
[16:02.560 --> 16:08.000] to reach out and get me by the throat. I looked down and I was writing out a criminal complaint
[16:08.000 --> 16:15.840] and I looked up and he's still there. You're still here? Beat it. He goes across the walkway
[16:15.840 --> 16:20.600] steps going up in the courthouse. He stands over there with his arms folded. Well, we
[16:20.600 --> 16:27.880] went to the mayor's office and got set up on a point with him and we'll finish this
[16:27.880 --> 16:36.120] up on the other side. But this is a perfect illustration of why you always ask them to
[16:36.120 --> 16:41.240] take your chicken soup off. This is Randy Kelton, Brett Fountain, River Law Radio on
[16:41.240 --> 16:48.560] this, the 20th day of September, 2019. If you have the call boards open, they'll be
[16:48.560 --> 16:56.680] open all night or call in number 512-646-1984. We'll be right back.
[16:56.680 --> 17:10.000] It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas
[17:10.000 --> 17:16.440] Gun Works. Go to LogosRadioNetwork.com and enter to win. Any amount is appreciated. Everything
[17:16.440 --> 17:21.840] helps to keep us on the air. From Central Texas Gun Works, the grand prize up for grabs
[17:21.840 --> 17:28.840] is a Spikes Tactical AR-15. More prizes and sponsors to be announced. Every $25 donation
[17:28.840 --> 17:34.440] is a chance to win. When you purchase Randy Kelton's e-book, Legal 101, you get four
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[17:59.840 --> 18:05.960] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar. In today's America,
[18:05.960 --> 18:09.200] we live in a us against them society and if we the people are ever going to have a free
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[18:13.280 --> 18:16.520] are the right to travel freely from place to place, the right to act in our own private
[18:16.520 --> 18:20.480] capacity and most importantly, the right to due process of law. Traffic courts afford
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[19:26.520 --> 19:56.480] Okay, we are back. Randy Kelton. We're at the Fountain Rule of Law Radio and we're
[19:56.480 --> 20:03.680] talking about Dick's Chicken Suit Off. After that encounter, the next day I got a call
[20:03.680 --> 20:11.520] from Ken Magnuson. Ken Magnuson's brother is the county attorney for Mansfield. Ken
[20:11.520 --> 20:15.400] called me and said, What were you doing in Mansfield yesterday? Mind in my business,
[20:15.400 --> 20:24.600] Ken. Well, my brother said that that officer told him that you were agitated. I said, Ken,
[20:24.600 --> 20:30.200] ask your brother to ask that officer if I got agitated before I told him to take his
[20:30.200 --> 20:39.120] chicken suit off or after. Ken said, You said that to him? I always say that to him. He
[20:39.120 --> 20:49.360] said, I told Greg that you have a way of putting him over the edge. Yeah, I guess I do. But
[20:49.360 --> 20:56.120] when he heard that, he knew the officer was nullified. Nothing to do after that. What
[20:56.120 --> 20:59.400] are you going to do when we get in front of a grand jury? And I tell the grand jury, I
[20:59.400 --> 21:06.080] told him to take his chicken suit off. He's going to look like an idiot. The trick to
[21:06.080 --> 21:13.840] doing these things is know what you're doing, what your intended outcome is when you walk
[21:13.840 --> 21:21.120] in the door. If you know where you're going, I'm sorry, if you don't know where you're
[21:21.120 --> 21:27.120] going, there's a very good chance that you'll wind up somewhere else. But if you know where
[21:27.120 --> 21:36.360] you're going, that positive mental intent will keep you pointed in the same direction
[21:36.360 --> 21:42.240] no matter what they do. They're used to doing their little song and dance and seltzer down
[21:42.240 --> 21:47.440] your pants and get you to hop up and down and do all kinds of stuff they can use against
[21:47.440 --> 21:55.920] you. But when it's clear to them that you've got a plan and you're not going to be dissuaded
[21:55.920 --> 22:01.720] from following that plan, it gets real hard for them. And that's why I'm setting these
[22:01.720 --> 22:09.920] tools up the way I am. We know when these guys go in and do an audit, it's almost always
[22:09.920 --> 22:17.560] exactly the same. There are only two or three things they do. They ask if we can help you.
[22:17.560 --> 22:26.240] They say, you can't videotape in here. Or they say, I need your ID. That's about it.
[22:26.240 --> 22:33.960] So there aren't that many variations. And if we have a criminal complaint already written
[22:33.960 --> 22:42.000] out for all three of those variations, then no matter what they do, you get to reach into
[22:42.000 --> 22:48.480] your case and pull out the criminal complaint for that act, call 911, fill it out in front
[22:48.480 --> 22:57.040] of you and put in the guy's name into a document that already has the fact set included. So
[22:57.040 --> 23:04.280] he knows that you knew exactly what he was going to do. And you had already set your
[23:04.280 --> 23:12.040] documentation up so that you could sting him when he did it. This will dramatically change
[23:12.040 --> 23:20.640] their behavior. And what I hope it does for the auditors is to lead them past the first
[23:20.640 --> 23:29.360] step. And most of them don't get it. That what they're doing is just the first step.
[23:29.360 --> 23:36.440] That just opens the door. Once you step through the door, there's just all this fun you can
[23:36.440 --> 23:42.520] have at their expense. And once you're past the front door, now you don't have to worry
[23:42.520 --> 23:51.040] about being arrested or harassed and pushed around. All that stuff stops. When you call
[23:51.040 --> 23:59.040] 911, all that stuff stops. Now you get to be a protected class. Exactly. You're the
[23:59.040 --> 24:07.040] victim now. And they know that you know that. They know you're going to use that against
[24:07.040 --> 24:15.520] them. But there's not anything they could do about it. Sorry, Bobo. Life is tough. Deal
[24:15.520 --> 24:23.680] with it. So we do have one. Did you have anything you wanted to address Brett?
[24:23.680 --> 24:29.960] Me? Well, not right now. I mean, we might just take this caller. And if there's a lull
[24:29.960 --> 24:32.720] a little bit later on, I'll tell you some things that are going on. And I'll call a
[24:32.720 --> 24:39.720] couple of friends. Okay, good. Okay, we have caller Chris from Colorado. Hello, Chris.
[24:39.720 --> 24:46.400] What do you have for us today? Hey, Randy, can you hear me okay?
[24:46.400 --> 24:52.120] Yes, I can. Good. Glad to be on the talking to you guys again. And as always, thank you
[24:52.120 --> 25:00.880] so much for what you guys do. I was calling in to share a story about my experience in
[25:00.880 --> 25:07.440] Chicago with Towing. And a lot of stuff that I've uncovered over there that may help people
[25:07.440 --> 25:14.280] there. But I did have a quick question, I hope, about my ticket in Colorado before I
[25:14.280 --> 25:24.760] did that. I had a 42 minutes and 13 second conversation with a clerk today. And I'm hoping
[25:24.760 --> 25:37.560] you have that exact time because you recorded it. Of course. It sounds that way. Yeah. And
[25:37.560 --> 25:42.480] she was great. She was very nice and accommodating. The guy I spoke to on Wednesday when I made
[25:42.480 --> 25:49.720] an appearance to try to get a motion to continue, he was, you know, bottom entry level and really
[25:49.720 --> 25:55.720] sloppy and told me some things that were very concerning. He confirmed that most tickets
[25:55.720 --> 26:00.400] don't come in until the last week or the last minute to the court. So the court won't
[26:00.400 --> 26:08.680] allow anybody to make a motion. Anyway, the thing that happened today is that I have looked
[26:08.680 --> 26:13.320] at the laws and the statutes as to what's required for a summons. And on my ticket,
[26:13.320 --> 26:19.240] it clearly, clearly says a summons. And then kind of hiding in the bottom, there's some
[26:19.240 --> 26:26.080] penalty words, but it's requiring me to come for it. And I've tried to get it addressed
[26:26.080 --> 26:32.120] ahead of time. What she confirmed today is that they basically play both sides. You didn't
[26:32.120 --> 26:39.520] say that, but they hide both a penalty assessment and a summons in one ticket. And I don't know
[26:39.520 --> 26:46.680] how normal that is. But when I look at the statutes and what a penalty statute penalty
[26:46.680 --> 26:52.200] assessment is, and a summons is, they're kind of different, actually very different.
[26:52.200 --> 26:58.880] And so I've got the statute for the summons that says they have to file a review. They
[26:58.880 --> 27:03.400] have to send a copy to the district attorney or somebody else and the court immediately,
[27:03.400 --> 27:12.040] which they didn't do. And the clerk even confirmed that I can actually make a motion
[27:12.040 --> 27:17.320] to dismiss based on statutes that I found that I feel are relevant. So she was actually
[27:17.320 --> 27:23.320] kind of supportive in the math, but she revealed a mess that's going on. It's basically just
[27:23.320 --> 27:28.520] a factory. And the other clerk basically said the same thing. We get thousands of tickets,
[27:28.520 --> 27:34.640] some of them don't even show up. I mean, it's just a mess. And they're just allowing all
[27:34.640 --> 27:40.280] these people's rights out of ignorance to be violated. So I guess where I'm headed with
[27:40.280 --> 27:44.920] my question is I've got some names of judges, even that was confusing. And I would appreciate
[27:44.920 --> 27:50.280] a little bit of guidance. I want to start filing complaints with the authority, but
[27:50.280 --> 27:56.200] I couldn't quite figure out who is the authority in this matter. This was a municipal ticket,
[27:56.200 --> 28:01.160] which automatically directed me to a county court. There's eight judges that do traffic.
[28:01.160 --> 28:10.600] One, magistrate, there is a chief judge, and then one judge underneath the hand that's,
[28:10.600 --> 28:15.440] I forget the terminology for it. I wrote it down here. So I don't know who to write the
[28:15.440 --> 28:16.440] complaint about.
[28:16.440 --> 28:30.400] When in doubt, go for the chief. Go for respondeat superior.
[28:30.400 --> 28:37.840] So if the chief judge is innocent and you file a judicial conduct complaint against him,
[28:37.840 --> 28:43.520] he is not going to be a happy camper. Chief judge, okay.
[28:43.520 --> 28:50.480] But he can't be unhappy with you, or that would be retaliation. So he has to find somebody
[28:50.480 --> 28:57.280] else to take his anger out on. Okay.
[28:57.280 --> 29:01.160] So presiding judge, don't do him, do chief judge.
[29:01.160 --> 29:14.200] Exactly. I'd like to charge the guy who is essentially innocent in the instant case.
[29:14.200 --> 29:21.240] He's not innocent overall, because he's the one required for making everything work right.
[29:21.240 --> 29:26.480] If it's not, he's failed to properly administer the court. However, in the instant case, he
[29:26.480 --> 29:30.440] didn't do anything. He don't know anything about it. And he gets hammered for it.
[29:30.440 --> 29:36.600] Well, he's going to be righteously indignant, but he can't be righteously indignant at your
[29:36.600 --> 29:41.760] expense. So he has to find somebody else to take out his indignation on.
[29:41.760 --> 29:49.320] It's a lot more fun that way. Hang on. About to go to break. Randy Kelton, Brett Fountain,
[29:49.320 --> 29:58.400] Rural Radio, I call it number 512-646-1984. We'll be right back.
[29:58.400 --> 30:07.240] Thousands of Florida motorists convicted of DUI may very well have been driving under
[30:07.240 --> 30:12.800] the blood alcohol image. Dr. Catherine Albrecht, and I'll be back with a tale of bad breathalysers
[30:12.800 --> 30:15.800] and a government cover-up in a moment.
[30:15.800 --> 30:20.480] Privacy is under attack. When you give up data about yourself, you'll never get it back
[30:20.480 --> 30:26.120] again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.120 --> 30:31.720] So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[30:31.720 --> 30:37.400] it's worth hanging on to. This public service announcement is brought to you by StartPage.com,
[30:37.400 --> 30:45.120] the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[30:45.120 --> 30:50.200] Ever hear the term fine farming? It's when cops find innocent people to bring in revenue
[30:50.200 --> 30:55.760] and it's apparently big business in the Sunshine State of Florida. This case involves breathalysers
[30:55.760 --> 31:01.640] used to convict thousands of Florida motorists for DUI violations. Recently, reporters discovered
[31:01.640 --> 31:06.320] that the devices were improperly calibrated. State officials knew about it for two and
[31:06.320 --> 31:11.120] a half years, but did nothing. In fact, the head of Florida's breath testing program
[31:11.120 --> 31:17.120] ordered inspectors not to document the problem. A DUI conviction can ruin somebody's life,
[31:17.120 --> 31:21.360] but now that the cover-up has been exposed, perhaps Florida drivers can breathe a bit
[31:21.360 --> 31:27.280] easier. I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:27.280 --> 31:36.600] I lost my son. My uncle. My uncle. My son. September 11, 2001. Most people don't know
[31:36.600 --> 31:39.000] that a third tower fell on September 11th.
[31:39.000 --> 31:42.040] World Trade Center 7, a 47-story skyscraper,
[31:42.040 --> 31:43.320] was not hit by a plane.
[31:43.320 --> 31:45.000] Although the official explanation
[31:45.000 --> 31:47.000] is that fire brought down Building 7,
[31:47.000 --> 31:49.880] over 1,200 architects and engineers
[31:49.880 --> 31:50.840] looked into the evidence,
[31:50.840 --> 31:52.800] and believed there is more to the story.
[31:52.800 --> 31:54.320] Bring justice to my son,
[31:54.320 --> 31:55.160] my uncle,
[31:55.160 --> 31:56.000] my nephew,
[31:56.000 --> 31:56.840] my son,
[31:56.840 --> 31:58.160] go to buildingwatch.org.
[31:58.160 --> 31:59.000] Why it fell,
[31:59.000 --> 31:59.840] why it matters,
[31:59.840 --> 32:01.160] and what you can do.
[32:01.160 --> 32:03.480] Hey, it's Danny here for Hill Country Home Improvements.
[32:03.480 --> 32:05.240] Did your home receive hail or wind damage
[32:05.240 --> 32:06.400] from the recent storms?
[32:06.400 --> 32:07.880] Come on, we all know the government
[32:07.880 --> 32:09.480] caused it with their chemtrails,
[32:09.480 --> 32:11.120] but good luck getting them to pay for it.
[32:11.120 --> 32:13.320] Okay, I might be kidding about the chemtrails,
[32:13.320 --> 32:14.640] but I'm serious about your roof.
[32:14.640 --> 32:16.160] That's why you have insurance,
[32:16.160 --> 32:17.520] and Hill Country Home Improvements
[32:17.520 --> 32:18.880] can handle the claim for you
[32:18.880 --> 32:21.240] with little to no out-of-pocket expense.
[32:21.240 --> 32:23.360] And we accept Bitcoin as a multi-year,
[32:23.360 --> 32:25.520] A-plus member of the Better Business Bureau
[32:25.520 --> 32:26.880] with zero complaints.
[32:26.880 --> 32:28.880] You can trust Hill Country Home Improvements
[32:28.880 --> 32:30.080] to handle your claim,
[32:30.080 --> 32:32.200] and your roof right the first time.
[32:32.200 --> 32:36.400] Just call 512-992-8745,
[32:36.400 --> 32:38.600] or go to hillcountryhomeimprovements.com,
[32:38.600 --> 32:39.680] mention the crypto show,
[32:39.680 --> 32:40.920] and get $100 off,
[32:40.920 --> 32:42.440] and we'll donate another $100
[32:42.440 --> 32:43.960] to the Logos radio network
[32:43.960 --> 32:45.520] to help continue this programming.
[32:45.520 --> 32:48.320] So if those out-of-town roofers come knocking,
[32:48.320 --> 32:50.560] your door should be locked in.
[32:50.560 --> 32:54.600] That's 512-992-8745,
[32:54.600 --> 32:56.720] or hillcountryhomeimprovements.com.
[32:56.720 --> 32:59.000] Discounts are based on full roof replacement.
[32:59.000 --> 33:04.000] I mean, I actually be kidding about chemtrails.
[33:04.000 --> 33:07.520] You're listening to the Logos Radio Network,
[33:07.520 --> 33:12.520] at LogosRadioNetwork.com.
[33:15.040 --> 33:17.880] Yeah, I got the warrant,
[33:17.880 --> 33:21.000] and I'm gonna solve them
[33:21.000 --> 33:23.400] to the hell of a man them,
[33:23.400 --> 33:25.600] prosecute them.
[33:25.600 --> 33:29.240] Okay.
[33:29.240 --> 33:32.040] All set.
[33:32.040 --> 33:37.000] Discounts are based on full roof replacement.
[33:37.000 --> 33:41.360] Discounts are based on 15.
[33:41.360 --> 33:44.640] Well, I need a prosecutor to come and help me,
[33:44.640 --> 33:46.880] prosecute them wicked leaders.
[33:46.880 --> 33:48.240] They're my mother, a liar.
[33:48.240 --> 33:49.440] Them tell me.
[33:49.440 --> 33:51.840] Them are liars, and I tell six stories.
[33:51.840 --> 33:53.840] Been a billy, missy, what them tell me?
[33:53.840 --> 33:56.840] 3% of America vote for Moshe.
[33:56.840 --> 33:59.320] So how did he get the president?
[33:59.320 --> 34:02.000] That's why we have a warrant for him.
[34:02.000 --> 34:03.560] Everybody listen carefully,
[34:03.560 --> 34:05.200] listen to the words of the Christians.
[34:05.200 --> 34:07.760] Pussy, citizens arrest,
[34:07.760 --> 34:10.600] for misdoubbing.
[34:10.600 --> 34:15.200] For warrant, for binging.
[34:15.200 --> 34:20.200] Citizens arrest, for binging.
[34:20.200 --> 34:24.680] For warrant, for binging.
[34:24.680 --> 34:26.520] Well, we know from the bombshell,
[34:26.520 --> 34:27.760] warrant for him.
[34:27.760 --> 34:30.120] I'll get you any warrant for him.
[34:30.120 --> 34:32.360] Right above the citizens in the country.
[34:32.360 --> 34:34.800] Them getting some out, and them getting angry.
[34:34.800 --> 34:37.360] We have some warrant we need to solve out.
[34:37.360 --> 34:39.920] You gotta prosecute them to come and help me.
[34:39.920 --> 34:42.800] Okay, I think we're back.
[34:42.800 --> 34:46.960] My assistant is not working right.
[34:46.960 --> 34:51.920] Robert, can you see us on the view meters?
[34:51.920 --> 34:53.640] I just heard two beeps.
[34:53.640 --> 34:55.920] I guess, and I guess they're on.
[34:55.920 --> 34:57.960] I beeped once, Robert beeped once,
[34:57.960 --> 34:59.920] so I'm not sure if it brought us in,
[34:59.920 --> 35:01.680] then took us out again.
[35:01.680 --> 35:04.800] I'm trying to, I'm trying to,
[35:04.800 --> 35:06.280] I'm trying to do fade.
[35:06.280 --> 35:08.480] Are we on, Robert?
[35:08.480 --> 35:10.040] Are you seeing us on the view meter?
[35:10.040 --> 35:11.200] You're on.
[35:11.200 --> 35:12.400] Okay, good, good, good.
[35:12.400 --> 35:13.840] We'll say everything, there we go.
[35:13.840 --> 35:14.680] Okay, sorry folks.
[35:14.680 --> 35:15.680] I like to criss.
[35:15.680 --> 35:18.960] We're having a little connection issue here.
[35:18.960 --> 35:20.520] It's kind of delayed.
[35:20.520 --> 35:23.400] I'm trying to fade things out,
[35:23.400 --> 35:26.600] and my system is really, really slow in responding.
[35:26.600 --> 35:29.440] I don't hear the bumper music, but I should.
[35:29.440 --> 35:31.080] Duh, anyway.
[35:31.080 --> 35:33.480] Chris, do we have you back there?
[35:33.480 --> 35:34.680] I'm here.
[35:34.680 --> 35:35.920] All right.
[35:35.920 --> 35:38.240] Okay.
[35:38.240 --> 35:39.680] So we were talking over the break.
[35:39.680 --> 35:43.680] We were talking about your scenario there,
[35:43.680 --> 35:47.520] and there was some confusion.
[35:47.520 --> 35:48.440] I'm confused.
[35:48.440 --> 35:51.000] Is the, you said you got a summons.
[35:51.000 --> 35:53.920] Is that just the normal thing that they attached
[35:53.920 --> 35:55.440] to the bottom of a citation,
[35:55.440 --> 35:58.720] or was that something that they sent to you in the mail?
[35:58.720 --> 36:00.080] This is the citation,
[36:00.080 --> 36:02.520] and the very first thing printed on the citation
[36:02.520 --> 36:04.200] is summons number.
[36:04.200 --> 36:05.440] And then there's a senior number,
[36:05.440 --> 36:06.920] and then all the other information.
[36:06.920 --> 36:08.880] So it's the three quarters of the ticket.
[36:08.880 --> 36:11.000] I actually sent it to Randy just a little while ago
[36:11.000 --> 36:13.120] on his email, but I didn't know
[36:13.120 --> 36:14.360] if I was going to call in later or not.
[36:14.360 --> 36:18.680] But it's clearly, clearly a summons,
[36:18.680 --> 36:22.680] and then there's a little bit paragraph towards the bottom.
[36:22.680 --> 36:24.960] It's a very long ticket, right?
[36:24.960 --> 36:26.520] A very narrow and long.
[36:26.520 --> 36:28.120] It says some things about penalty.
[36:28.120 --> 36:31.720] You can plead guilty and waive all your rights, basically.
[36:31.720 --> 36:33.120] In fact, you got all the rights listed,
[36:33.120 --> 36:35.680] which is very interesting.
[36:35.680 --> 36:37.200] Wow.
[36:37.200 --> 36:38.840] Yeah, it's amazing.
[36:38.840 --> 36:40.840] It's like they're hiding the truth in plain sight
[36:40.840 --> 36:42.960] and then violating everybody's.
[36:42.960 --> 36:45.360] So that's just my gut feeling.
[36:45.360 --> 36:46.640] I'm very green at this guys,
[36:46.640 --> 36:49.680] but I'm having fun learning.
[36:49.680 --> 36:55.160] Okay, what I say is the more they screw up, the better.
[36:55.160 --> 36:57.200] So if you have a summons number
[36:57.200 --> 37:00.400] and you went down to file documents
[37:00.400 --> 37:04.320] and they did not take your filing,
[37:04.320 --> 37:10.680] that gets a judicial conduct complaint against head judge.
[37:10.680 --> 37:14.840] And a criminal complaint.
[37:14.840 --> 37:16.840] Wow.
[37:16.840 --> 37:19.080] Fish and misconduct.
[37:19.080 --> 37:20.080] Okay.
[37:20.080 --> 37:23.960] Against the clerk.
[37:23.960 --> 37:24.960] The one who...
[37:24.960 --> 37:26.680] How do you usually just do the judge?
[37:26.680 --> 37:31.760] Well, you had a clerk there who apparently was new
[37:31.760 --> 37:36.280] and refused to take your complaint.
[37:36.280 --> 37:40.040] When you filed criminally against him,
[37:40.040 --> 37:45.120] he is not going to be a happy camper.
[37:45.120 --> 37:51.160] In Azel, Texas, once, I had a really smart mouth clerk
[37:51.160 --> 37:54.480] and she refused to take a filing.
[37:54.480 --> 37:56.520] And there was a sergeant who had come up
[37:56.520 --> 37:57.720] while I was talking to the clerk.
[37:57.720 --> 38:00.720] He said, is there a problem here?
[38:00.720 --> 38:02.800] And I told him, yeah, there's a problem.
[38:02.800 --> 38:04.680] You're in for my business.
[38:04.680 --> 38:06.040] You stand over there and be quiet
[38:06.040 --> 38:08.120] while I'm taking care of business.
[38:08.120 --> 38:13.000] And the clerk refused to take my filing.
[38:13.000 --> 38:15.640] I said, now, Sergeant, you're up.
[38:15.640 --> 38:18.160] Arrest that woman.
[38:18.160 --> 38:21.120] And he went through this back and forth.
[38:21.120 --> 38:24.680] I come back a week later for a hearing
[38:24.680 --> 38:28.280] and this judge, I really liked this judge.
[38:28.280 --> 38:30.920] His name was Judge Edmund.
[38:30.920 --> 38:35.600] And when I got before him, he said, Mr. Kelton,
[38:35.600 --> 38:40.320] it seems that you tried to get one of my sergeants
[38:40.320 --> 38:43.040] to arrest my clerk.
[38:43.040 --> 38:44.280] Oh, that judge.
[38:44.280 --> 38:46.240] I was just joking around.
[38:46.240 --> 38:48.440] Well, the clerk didn't think you were joking.
[38:48.440 --> 38:49.760] She quit the next day.
[38:52.880 --> 38:54.800] Sorry, life is tough.
[38:54.800 --> 38:59.400] But I got the impression nobody liked her anyway.
[38:59.400 --> 39:03.160] 15 years later, I got another ticket in Azel, Texas
[39:03.160 --> 39:04.680] and they called me up.
[39:04.680 --> 39:08.760] And I walked up to the bench and looked at the name tag
[39:08.760 --> 39:11.680] and I said, Judge Edmund.
[39:11.680 --> 39:16.080] I seem to remember a Judge Edmund in Azel, Texas.
[39:16.080 --> 39:20.400] But I don't remember him having that much gray hair.
[39:20.400 --> 39:24.240] And the judge looked up and said, yes, Mr. Kelton.
[39:24.240 --> 39:27.880] And I don't remember your belly being that big.
[39:27.880 --> 39:28.600] Touche.
[39:31.080 --> 39:32.480] That's why I liked this judge.
[39:32.480 --> 39:35.680] He wasn't one of those crazy angry guys.
[39:35.680 --> 39:41.000] But anyway, here, if you file against the clerk,
[39:41.000 --> 39:43.040] everybody's going to feel like they
[39:43.040 --> 39:46.880] have to try to protect this clerk.
[39:46.880 --> 39:48.960] And that's what you want.
[39:48.960 --> 39:51.440] They're going to say, oh, well, the clerk was just
[39:51.440 --> 39:54.560] following policy.
[39:54.560 --> 39:58.960] And you tell them, your problem, not my problem.
[39:58.960 --> 40:00.360] I didn't set policy.
[40:00.360 --> 40:02.640] I don't care about policy.
[40:02.640 --> 40:04.880] I care about law.
[40:04.880 --> 40:06.640] And I received a summons.
[40:06.640 --> 40:08.880] I have summons number.
[40:08.880 --> 40:13.080] And I came to file documentation in my behalf
[40:13.080 --> 40:18.480] and this clerk denied me access to the court.
[40:18.480 --> 40:22.360] So maybe the clerk has an affirmative defense,
[40:22.360 --> 40:28.800] good-faced reliance on confident authority, and maybe not.
[40:28.800 --> 40:32.720] But all I know is this is the person who did this to me.
[40:32.720 --> 40:36.320] And you guys can sort the rest of it out.
[40:36.320 --> 40:40.720] It'll make you might have this clerk quitting,
[40:40.720 --> 40:44.160] because the clerk's not going to want to go to jail
[40:44.160 --> 40:47.520] for following policy.
[40:47.520 --> 40:52.240] Chris, it occurred to me you also have the cop
[40:52.240 --> 40:56.200] but who gave you that long skinny summons.
[40:56.200 --> 40:58.840] He's impersonating a judicial officer trying
[40:58.840 --> 41:02.160] to give you a summons like that.
[41:02.160 --> 41:04.960] You think he had the delegated authority from a judge
[41:04.960 --> 41:05.880] to go and do that?
[41:05.880 --> 41:08.320] How could he possibly issue a summons?
[41:08.320 --> 41:12.520] He has that delegated authority from the transportation
[41:12.520 --> 41:14.120] coach.
[41:14.120 --> 41:19.480] In Texas, it's 543.001, 2, 3, 4, and 5.
[41:19.480 --> 41:23.000] Isn't that only if they have the authority to enforce there?
[41:23.000 --> 41:25.720] That's a different issue.
[41:25.720 --> 41:30.200] If they don't have the authority, then they don't get anything.
[41:30.200 --> 41:37.400] But I was surprised to find in Texas
[41:37.400 --> 41:44.720] the statute that authorizes a enforcement officer
[41:44.720 --> 41:51.560] to issue a citation and allow someone to sign a promise
[41:51.560 --> 41:58.040] to appear is section 543 of the transportation code, which
[41:58.040 --> 42:01.280] the DPS officers would be enforcing.
[42:01.280 --> 42:02.240] Exactly.
[42:02.240 --> 42:10.480] In Tennessee, it is the exact same number.
[42:10.480 --> 42:17.160] And I take that to be because all but three states adopted
[42:17.160 --> 42:19.840] the model transportation code put out
[42:19.840 --> 42:23.920] by the federal government back in the late 40s.
[42:23.920 --> 42:26.880] And then they made minor adjustments to them.
[42:26.880 --> 42:31.680] In Tennessee, 541.001 is different than Texas
[42:31.680 --> 42:37.120] because 541.001 authorizes any peace officer
[42:37.120 --> 42:40.240] to enforce this code.
[42:40.240 --> 42:43.000] Texas doesn't have that.
[42:43.000 --> 42:47.080] But all the transportation codes, the point is,
[42:47.080 --> 42:49.480] they're all real similar.
[42:49.480 --> 42:54.520] And yes, the officer probably has authority
[42:54.520 --> 42:57.160] to release someone on the summons.
[42:57.160 --> 43:00.040] And in most all states, a police officer
[43:00.040 --> 43:03.520] has the authority to release someone on a promise
[43:03.520 --> 43:07.000] to appear for a misdemeanor.
[43:07.000 --> 43:09.840] In Texas, any misdemeanor.
[43:09.840 --> 43:13.360] So it's probably the same in Colorado.
[43:13.360 --> 43:17.480] However, what I'm not sure of in Colorado law
[43:17.480 --> 43:21.960] is where a peace officer gets authority
[43:21.960 --> 43:27.160] to enforce a commercial code?
[43:27.160 --> 43:28.600] Bingo.
[43:28.600 --> 43:33.680] Can a police officer enforce the plumbing code,
[43:33.680 --> 43:37.080] electrical code, universal building code?
[43:37.080 --> 43:39.680] These are professional codes.
[43:39.680 --> 43:45.680] The bar association standards, American medical association
[43:45.680 --> 43:46.120] standards.
[43:46.120 --> 43:50.400] These are all professions codes.
[43:50.400 --> 43:54.240] So where does a policeman in Colorado
[43:54.240 --> 43:57.520] get the specific authority to enforce
[43:57.520 --> 44:00.400] a commercial professions code?
[44:00.400 --> 44:02.560] Are you being harassed by debt collectors
[44:02.560 --> 44:05.440] with phone calls, letters, or even lawsuits?
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[44:17.600 --> 44:20.200] on how to win in court using federal civil rights
[44:20.200 --> 44:23.600] statutes, what to do when contacted by phones, mail,
[44:23.600 --> 44:26.760] or court summons, how to answer letters and phone calls,
[44:26.760 --> 44:29.320] how to get debt collectors out of your credit report,
[44:29.320 --> 44:31.280] how to turn the financial tables on them
[44:31.280 --> 44:34.000] and make them pay you to go away.
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[44:36.920 --> 44:38.840] for how to stop debt collectors.
[44:38.840 --> 44:41.240] Personal consultation is available as well.
[44:41.240 --> 44:44.640] For more information, please visit ruleoflawradio.com
[44:44.640 --> 44:46.880] and click on the blue Michael Meares banner
[44:46.880 --> 44:49.640] or email MichaelMeares at yahoo.com.
[44:49.640 --> 44:56.320] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s
[44:56.320 --> 45:01.360] at yahoo.com to learn how to stop debt collectors next.
[45:01.360 --> 45:04.440] Are you the plaintiff or defendant in a lawsuit?
[45:04.440 --> 45:07.800] Win your case without an attorney with Jurisdictionary,
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[45:19.520 --> 45:22.000] If you don't have a lawyer, know what you should do
[45:22.000 --> 45:23.320] for yourself.
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[46:00.600 --> 46:29.720] MUSIC
[46:29.720 --> 46:32.560] Okay, we are back.
[46:32.560 --> 46:36.000] Randy Kelton, Brett Bouton-Rueval Radio,
[46:36.000 --> 46:40.000] and we're talking to Chris in Colorado,
[46:40.000 --> 46:43.520] and I kind of fell off the cliff back there.
[46:43.520 --> 46:46.000] But where were we?
[46:46.000 --> 46:50.000] We were talking about going after the judge,
[46:50.000 --> 46:53.000] and who can enforce?
[46:53.000 --> 46:55.520] That's one thing to look up, Chris.
[46:55.520 --> 46:56.640] I've got it in front of me.
[46:56.640 --> 46:58.920] I don't fully understand all of it.
[46:58.920 --> 47:01.680] It talks about all the different police officers,
[47:01.680 --> 47:03.960] their classification, and what they're allowed to enforce.
[47:03.960 --> 47:05.800] I'll have to read it at another time,
[47:05.800 --> 47:07.800] but I'm scrolling through 300 and some of my phases
[47:07.800 --> 47:10.160] of criminal law.
[47:10.160 --> 47:14.480] Yeah, the trick to that is it just reads through it.
[47:14.480 --> 47:15.960] Just cruise through it.
[47:15.960 --> 47:18.200] You don't have to try to understand everything.
[47:18.200 --> 47:20.040] Just cruise through it.
[47:20.040 --> 47:21.360] And then go back and read it again.
[47:21.360 --> 47:24.480] The second time you read it, it'll be a good, fast read.
[47:24.480 --> 47:26.680] But you'll also make connections
[47:26.680 --> 47:28.760] when you read something up toward the front.
[47:28.760 --> 47:32.960] You'll make connections deeper in the code
[47:32.960 --> 47:38.560] because the laws are not passed in order.
[47:38.560 --> 47:40.720] They're passed whenever an issue comes up,
[47:40.720 --> 47:44.000] and then somebody codifies them into a code.
[47:44.000 --> 47:47.920] And because of that, codes make reference
[47:47.920 --> 47:50.200] to different codes all over the place.
[47:50.200 --> 47:52.720] It's not linear.
[47:52.720 --> 48:01.160] So when I read it, the first time I read it, I read chapter 16.
[48:01.160 --> 48:05.400] And in there, it said that in 16.17
[48:05.400 --> 48:09.240] that the judge was supposed to issue an order.
[48:09.240 --> 48:13.320] And then I didn't really didn't understand what that meant.
[48:13.320 --> 48:16.160] And I got to 617.30.
[48:16.160 --> 48:18.640] And it says just seal all documents
[48:18.640 --> 48:20.840] had in the hearing talking about examining trial
[48:20.840 --> 48:23.800] because it's named to be written across the seal of the envelope
[48:23.800 --> 48:26.200] and forwarded to the clerk of the court of jurisdiction.
[48:26.200 --> 48:30.520] That's what they were talking about in 16.17.
[48:30.520 --> 48:34.320] So the second time I read it, when I read 16.17,
[48:34.320 --> 48:37.000] I understood exactly what it was referring to.
[48:37.000 --> 48:40.040] So these pieces really began to fit together.
[48:40.040 --> 48:43.240] You read it twice, and you'll know it better
[48:43.240 --> 48:48.520] than any lawyer walks in the door, I guarantee it.
[48:48.520 --> 48:51.160] My prosecuting attorney, when he said,
[48:51.160 --> 48:52.880] you have to be careful, Mr. Kelton.
[48:52.880 --> 48:55.560] You can get in trouble for your illegal practice of law.
[48:55.560 --> 49:02.840] Oh, no, no, no, under 38.123, it is a crime
[49:02.840 --> 49:06.320] to hold oneself out as a lawyer and represent someone
[49:06.320 --> 49:10.600] in a personal injury or property damage case, period.
[49:10.600 --> 49:11.800] He said, are you sure?
[49:11.800 --> 49:13.040] Oh, yeah.
[49:13.040 --> 49:14.320] He looked it up.
[49:14.320 --> 49:16.480] And while he's looking it up, I say, Greg,
[49:16.480 --> 49:18.000] you ought to be ashamed of yourself.
[49:18.000 --> 49:19.440] I haven't looked that up.
[49:19.440 --> 49:21.760] When was the last time you read that thing?
[49:21.760 --> 49:26.000] He said, well, I never have read the whole thing.
[49:26.000 --> 49:28.960] Greg, you ought to be ashamed of yourself.
[49:28.960 --> 49:30.680] And he said, well, Mr. Kelton, I
[49:30.680 --> 49:34.840] don't know if any lawyer who's read the whole thing.
[49:34.840 --> 49:36.400] That's pitiful.
[49:36.400 --> 49:39.240] Oh, my goodness, any lawyer.
[49:39.240 --> 49:41.280] This was my prosecutor.
[49:41.280 --> 49:42.960] Wow.
[49:42.960 --> 49:44.240] So that's kind of the case.
[49:44.240 --> 49:48.280] They just do what all lawyers do.
[49:48.280 --> 49:50.560] And when you read that through twice,
[49:50.560 --> 49:53.480] everybody thinks this is so complex.
[49:53.480 --> 49:56.360] So they hear me spitting out all these laws.
[49:56.360 --> 49:58.840] I've been doing this for 10, 12 years.
[49:58.840 --> 50:01.280] And what most people don't realize,
[50:01.280 --> 50:05.000] there's only about a half a dozen
[50:05.000 --> 50:08.000] to keep coming up over and over and over.
[50:08.000 --> 50:10.600] But it's only about a half a dozen.
[50:10.600 --> 50:14.280] And maybe a dozen come up a little less often.
[50:14.280 --> 50:17.680] But after you've done it over and over, it's not hard.
[50:17.680 --> 50:21.320] I don't know that much of the code.
[50:21.320 --> 50:22.600] And that's the way the lawyers are.
[50:22.600 --> 50:25.680] They only know the code that they use.
[50:25.680 --> 50:28.640] Well, I've been through the penal code a couple of times,
[50:28.640 --> 50:31.400] been through the code of criminal procedure a couple of times.
[50:31.400 --> 50:34.280] So while I don't have everything memorized,
[50:34.280 --> 50:37.960] I do know about everything that's in there.
[50:37.960 --> 50:44.040] When something comes up, while I may not have it firmly in mind,
[50:44.040 --> 50:46.560] I know it's there and I can go find it.
[50:46.560 --> 50:50.240] And the third time you look at something, you've got it fixed.
[50:50.240 --> 50:56.040] So read that thing twice, you'll know more than the lawyers do.
[50:56.040 --> 50:58.760] And when you come in with our tools,
[50:58.760 --> 51:02.840] Chris, they're going to hate you.
[51:02.840 --> 51:06.040] We do have to issue this warning.
[51:06.040 --> 51:10.440] If you use our techniques on these guys,
[51:10.440 --> 51:12.280] they're not going to send you a Christmas card.
[51:15.280 --> 51:18.160] I've just warned you.
[51:18.160 --> 51:20.440] There's a comedian that comes down and says,
[51:20.440 --> 51:21.640] I got some jokes here for you.
[51:21.640 --> 51:23.040] If you don't like them, I don't care,
[51:23.040 --> 51:24.520] because I don't live near out here anyway.
[51:28.120 --> 51:30.680] But you do have to be careful.
[51:30.680 --> 51:35.520] This can get to be way too much fun.
[51:35.520 --> 51:39.880] You're already past the front end, now you're on the back.
[51:39.880 --> 51:42.040] And when you're going in to set them up
[51:42.040 --> 51:43.800] and you get one of these judges that's
[51:43.800 --> 51:50.400] huffs and puffs and grunts and growls, oh, I love those guys.
[51:50.400 --> 51:56.440] I have so much fun with them, because now you no longer
[51:56.440 --> 52:01.120] think this is so dramatically important.
[52:01.120 --> 52:03.400] You're just in there to see if you
[52:03.400 --> 52:06.520] can find a reason to sting them good,
[52:06.520 --> 52:11.040] and they will give you ample opportunity.
[52:11.040 --> 52:14.480] Brett, you know about that.
[52:14.480 --> 52:16.920] Sure do.
[52:16.920 --> 52:19.520] They keep you busy.
[52:19.520 --> 52:22.600] They're very prolific with their errors.
[52:22.600 --> 52:27.120] If you want to take on the job of keeping them accountable,
[52:27.120 --> 52:30.240] you might want to wean yourself by just getting started
[52:30.240 --> 52:35.200] slow with the job of just documenting their errors.
[52:35.200 --> 52:37.880] Because there's more paperwork involved with holding them
[52:37.880 --> 52:40.920] accountable, and they will keep you busy.
[52:40.920 --> 52:44.960] And one of the things that I'm trying to develop,
[52:44.960 --> 52:51.200] and that's my ticket site, I have the first page up.
[52:51.200 --> 52:54.280] And that's where you put in the ticket information.
[52:54.280 --> 52:58.480] And then the site will download all of the standard documents
[52:58.480 --> 53:02.720] you would file in any criminal case.
[53:02.720 --> 53:06.280] Brady motion, motion and limiting, demand
[53:06.280 --> 53:10.120] for preliminary hearing, a speedy trial request,
[53:10.120 --> 53:12.200] all the standard stuff that you would
[53:12.200 --> 53:15.640] file in any criminal case, except nobody ever
[53:15.640 --> 53:21.000] does it in a traffic case.
[53:21.000 --> 53:23.240] It's all about money.
[53:23.240 --> 53:28.560] When they got 150 pages of documents to trudge through,
[53:28.560 --> 53:30.000] they're not going to waste their time.
[53:30.000 --> 53:33.400] They're just going to blow it off.
[53:33.400 --> 53:37.600] And what they don't understand is that's the point.
[53:37.600 --> 53:40.080] That's why we give them all these documents.
[53:40.080 --> 53:43.560] We want them to blow it off.
[53:43.560 --> 53:47.560] Because the case law says that a judge has no discretion
[53:47.560 --> 53:51.600] in properly applying the law to the facts of failure
[53:51.600 --> 53:54.440] to do so as an abuse of discretion.
[53:54.440 --> 53:58.320] And in every state, if a judge abuses his discretion
[53:58.320 --> 54:02.080] and in the process denies you in the form of pre-access
[54:02.080 --> 54:07.320] to enjoyment of right, that's crime in every state.
[54:07.320 --> 54:08.560] So it's all a setup.
[54:08.560 --> 54:14.560] And now I have my programmer uploaded all of my questionnaires
[54:14.560 --> 54:20.840] into a graphical database in the OJ4 database.
[54:20.840 --> 54:23.920] He said I have 500 questionnaires,
[54:23.920 --> 54:31.320] separate questionnaires, and 1.5 million separate questions.
[54:31.320 --> 54:33.560] We have a lot of stuff in there.
[54:33.560 --> 54:40.640] And as I get time, I will start implementing the second part.
[54:40.640 --> 54:43.440] You go to, you follow all this junk with them.
[54:43.440 --> 54:45.240] And then you go to court, and the judge
[54:45.240 --> 54:48.320] just denies everything out of hand.
[54:48.320 --> 54:51.400] Then you give him a request for findings of fact
[54:51.400 --> 54:54.360] and conclusions at law.
[54:54.360 --> 54:57.480] And he's going to tell you he don't have to respond to it.
[54:57.480 --> 54:59.720] And yeah, that's right.
[54:59.720 --> 55:03.120] And when you follow all these motions in the court
[55:03.120 --> 55:06.120] and the prosecutor doesn't respond to them,
[55:06.120 --> 55:11.320] when you get into court, you ask the court for some re-judgment.
[55:11.320 --> 55:16.680] As the court must accept everything you state in your motion
[55:16.680 --> 55:23.280] as true, not as prima facie, but as true.
[55:23.280 --> 55:29.200] It is the place of opposing counsel to file an opposition.
[55:29.200 --> 55:32.600] If the opposing counsel does not file an opposition
[55:32.600 --> 55:37.560] to the live pleadings, then he gives judicial admission.
[55:37.560 --> 55:41.480] And he may not argue the issues in court
[55:41.480 --> 55:42.960] if he hasn't responded to them.
[55:42.960 --> 55:45.360] So a prosecutor will tell you that I don't have to respond
[55:45.360 --> 55:47.640] to this. That's right, you don't.
[55:47.640 --> 55:51.560] But there are consequences.
[55:51.560 --> 55:53.760] The judge will tell you he doesn't have to respond
[55:53.760 --> 55:55.160] to your findings of fact.
[55:55.160 --> 55:57.120] That's true.
[55:57.120 --> 55:59.640] But there are consequences.
[55:59.640 --> 56:06.920] It creates the adverse inference that the judge did not
[56:06.920 --> 56:09.080] properly apply the law to the facts.
[56:09.080 --> 56:12.720] And when he doesn't give you findings of fact and conclusions
[56:12.720 --> 56:16.200] of the law, you file criminal charges against him
[56:16.200 --> 56:20.400] for official misconduct.
[56:20.400 --> 56:22.760] How did that work for your mother?
[56:22.760 --> 56:25.360] And then you start the routine.
[56:25.360 --> 56:27.680] You start working up the ladder with the prosecutor
[56:27.680 --> 56:28.840] and the district judge.
[56:28.840 --> 56:34.480] And you get everybody mixed in with this.
[56:34.480 --> 56:36.520] When you start filing judicial conduct complaints
[56:36.520 --> 56:39.240] against the district judge, because of what
[56:39.240 --> 56:44.680] a municipal judge did, this district judge
[56:44.680 --> 56:48.600] is not going to be a happy camper.
[56:48.600 --> 56:49.440] So what does he do?
[56:49.440 --> 56:51.120] Does he just make some phone calls
[56:51.120 --> 56:55.800] and they get schooled over the phone or what happens?
[56:55.800 --> 57:03.040] Oh, I guarantee they will get schooled over the phone.
[57:03.040 --> 57:06.280] The district judge, he's elected.
[57:06.280 --> 57:09.680] And he knows when he runs for office again,
[57:09.680 --> 57:13.760] his opponent is going to look in his record
[57:13.760 --> 57:18.240] and bring his record out and wave it in front of everybody.
[57:18.240 --> 57:22.640] This judge had criminal charges filed against him
[57:22.640 --> 57:26.200] by a citizen for failing to perform his duty.
[57:26.200 --> 57:27.960] And the judge is going to say, oh, that's
[57:27.960 --> 57:30.880] all politically motivated.
[57:30.880 --> 57:35.240] Yeah, but Kim's four rules come back to haunt him.
[57:35.240 --> 57:37.640] The first one is not everything's political.
[57:37.640 --> 57:44.120] The first one is perception is everything.
[57:44.120 --> 57:47.000] It stains him.
[57:47.000 --> 57:49.720] It goes on his record and stays there forever.
[57:49.720 --> 57:53.880] And if you're this judge and you just got stung
[57:53.880 --> 57:58.840] because this chump municipal judge who's not the sharpest
[57:58.840 --> 58:00.520] knife in the door, because he was,
[58:00.520 --> 58:03.640] he'd be out there making the big money instead of in a municipal
[58:03.640 --> 58:09.000] court grubbing for dollars, he just stung my career.
[58:09.000 --> 58:11.560] Judge is not going to be happy.
[58:11.560 --> 58:13.960] And these municipal judges are still, for the most part,
[58:13.960 --> 58:15.000] practicing lawyers.
[58:15.000 --> 58:17.040] We think it's going to happen to that judge,
[58:17.040 --> 58:19.080] that municipal judge when he brings a client
[58:19.080 --> 58:23.560] before this district judge that he's got screwed over.
[58:23.560 --> 58:28.600] Hang on, Randy Kelton, Brett Fountain, rule of law radio.
[58:28.600 --> 58:34.840] Call it number 512-646-1984.
[58:34.840 --> 58:39.000] Remember, we have our fundraiser going,
[58:39.000 --> 58:41.720] and we have a gun giveaway this year.
[58:41.720 --> 58:44.920] So go check out Logos Radio Network
[58:44.920 --> 58:47.880] and help us keep this thing on the air.
[58:47.880 --> 58:50.440] We'll be right back.
[58:50.440 --> 58:52.880] Would you like to make more definite progress
[58:52.880 --> 58:54.240] in your walk with God?
[58:54.240 --> 58:57.240] Bibles for America is offering a free study
[58:57.240 --> 59:01.160] Bible and a set of free Christian books that can really help.
[59:01.160 --> 59:02.840] The New Testament recovery version
[59:02.840 --> 59:04.680] is one of the most comprehensive study
[59:04.680 --> 59:06.360] Bibles available today.
[59:06.360 --> 59:08.200] It's an accurate translation, and it
[59:08.200 --> 59:10.080] contains thousands of footnotes that
[59:10.080 --> 59:13.640] will help you to know God and to know the meaning of life.
[59:13.640 --> 59:15.760] The free books are a three-volume set
[59:15.760 --> 59:18.600] called Basic Elements of the Christian Life.
[59:18.600 --> 59:21.600] Chapter by chapter, Basic Elements of the Christian Life
[59:21.600 --> 59:26.040] clearly presents God's plan of salvation, growing in Christ,
[59:26.040 --> 59:28.080] and how to build up the church.
[59:28.080 --> 59:31.000] To order your free New Testament recovery version
[59:31.000 --> 59:34.080] and Basic Elements of the Christian Life,
[59:34.080 --> 59:40.760] call Bibles for America toll free at 888-551-0102.
[59:40.760 --> 59:45.320] That's 888-551-0102.
[59:45.320 --> 59:51.080] Or visit us online at bfa.org.
[59:51.080 --> 59:56.080] Live Free Speech Radio, LogosRadioNetwork.com.
[01:00:21.080 --> 01:00:23.640] Rent Crude, $62.47 a barrel.
[01:00:23.640 --> 01:00:25.560] And Crypto is an order of market cap.
[01:00:25.560 --> 01:00:29.360] Bitcoin Core, $10,566.52.
[01:00:29.360 --> 01:00:32.320] Ethereum, $227.26.
[01:00:32.320 --> 01:00:34.640] XRP, Ripple, $0.33.
[01:00:34.640 --> 01:00:37.160] Light Coin, $100.31.
[01:00:37.160 --> 01:00:41.640] And Bitcoin Cash is at $324.10, a crypto coin.
[01:00:41.640 --> 01:00:50.480] Today in History, the year 1916, the Preparedness Day bombing,
[01:00:50.480 --> 01:00:53.760] a Thai suitcase bomb, was detonated on Market Street
[01:00:53.760 --> 01:00:56.720] in San Francisco during the World War I Preparedness Day
[01:00:56.720 --> 01:00:59.680] Parade, killing 10 and injuring 40.
[01:00:59.680 --> 01:01:05.640] Today in History, and recent news.
[01:01:05.640 --> 01:01:08.640] Since Governor Greg Abbott signed House Bill 1325,
[01:01:08.640 --> 01:01:11.200] legalizing happen of taxes law back in June,
[01:01:11.200 --> 01:01:12.800] county prosecutors around the state,
[01:01:12.800 --> 01:01:15.160] including Houston, Austin, and San Antonio,
[01:01:15.160 --> 01:01:17.160] have been dropping marijuana possession charges,
[01:01:17.160 --> 01:01:18.960] and even refusing to file new ones,
[01:01:18.960 --> 01:01:21.600] since they are stipulating that they do not have the time
[01:01:21.600 --> 01:01:24.800] or the laboratory equipment to test the error for THC.
[01:01:24.800 --> 01:01:27.280] Margaret Moore, the Travis County District Attorney,
[01:01:27.280 --> 01:01:29.400] announced earlier this month that she was dismissing
[01:01:29.400 --> 01:01:32.640] 32 felony possession and delivery of marijuana cases
[01:01:32.640 --> 01:01:33.680] because of the law.
[01:01:33.680 --> 01:01:35.520] Mr. Abbott and other state officials,
[01:01:35.520 --> 01:01:37.840] including the Attorney General, stipulated in a letter
[01:01:37.840 --> 01:01:40.040] to county district attorneys back on Thursday
[01:01:40.040 --> 01:01:43.000] that marijuana has not been decriminalized in Texas,
[01:01:43.000 --> 01:01:45.840] and that these actions demonstrate a misunderstanding
[01:01:45.840 --> 01:01:49.760] of how HB 1325 works, as well as other cities, too,
[01:01:49.760 --> 01:01:52.480] like the District Attorney in El Paso,
[01:01:52.480 --> 01:01:56.200] Kaima Esparza, a Democrat who also stated earlier this month
[01:01:56.200 --> 01:01:58.840] that the law, quote, will not have an effect
[01:01:58.840 --> 01:02:01.920] on the prosecution of marijuana cases in El Paso.
[01:02:01.920 --> 01:02:04.040] However, the issue was succinctly summarized
[01:02:04.040 --> 01:02:06.880] by Mr. Brandon Ball, an assistant public defender
[01:02:06.880 --> 01:02:08.880] in Harris County, who stated that, quote,
[01:02:08.880 --> 01:02:11.800] the law is constantly changing on what makes something illegal
[01:02:11.800 --> 01:02:13.440] based on its chemical makeup.
[01:02:13.440 --> 01:02:16.120] It's important that if someone is charged with something,
[01:02:16.120 --> 01:02:18.440] the test matches what they're charged with.
[01:02:22.680 --> 01:02:24.760] A paper by Tulane University identified
[01:02:24.760 --> 01:02:27.360] a five and a half inch American pocket shark
[01:02:27.360 --> 01:02:30.160] as the first of its kind in the Gulf of Mexico,
[01:02:30.160 --> 01:02:32.840] the specimen being only the second pocket shark
[01:02:32.840 --> 01:02:35.640] ever captured or recorded with the other one
[01:02:35.640 --> 01:02:39.320] being found way back in 1979 in the East Pacific Ocean.
[01:02:39.320 --> 01:02:40.720] According to the university paper,
[01:02:40.720 --> 01:02:42.800] the shark secretes a luminesce fluid
[01:02:42.800 --> 01:02:45.600] from a gland near its front fins.
[01:02:45.600 --> 01:02:49.120] For the purpose, it is hypothesized to lure and prey
[01:02:49.120 --> 01:02:50.800] who may be drawn into the glow.
[01:02:53.800 --> 01:02:58.280] This is Wolf Rodeo with a lowdown for July 22nd, 2019.
[01:02:58.280 --> 01:03:08.280] It's all according to the will of the Almighty.
[01:03:08.280 --> 01:03:19.280] I read his book, and it says he cares for the old sight of you.
[01:03:19.280 --> 01:03:27.840] He's warm under somebody that's on the right hand.
[01:03:27.840 --> 01:03:29.560] OK, we are back.
[01:03:29.560 --> 01:03:33.000] Randy Kelton, Brett Fountain, Rue LaRedeo,
[01:03:33.000 --> 01:03:36.920] and we're talking to Chris Colorado and Chris.
[01:03:36.920 --> 01:03:42.080] OK, let's go back to where you're at and where
[01:03:42.080 --> 01:03:44.840] you want to go next.
[01:03:44.840 --> 01:03:48.960] OK, to follow up on the initial clerk,
[01:03:48.960 --> 01:03:52.240] the supervisor, she's like a two levels up today
[01:03:52.240 --> 01:03:54.360] that I spoke to.
[01:03:54.360 --> 01:03:56.240] She started to confirm the same thing
[01:03:56.240 --> 01:03:57.360] that she wasn't going to take.
[01:03:57.360 --> 01:03:59.640] She couldn't take, not that she didn't want to,
[01:03:59.640 --> 01:04:03.200] but she couldn't take the complaint, I mean the emotion,
[01:04:03.200 --> 01:04:05.960] because the system won't allow us to enter it.
[01:04:05.960 --> 01:04:08.960] I said, you understand where that situation that puts me?
[01:04:08.960 --> 01:04:09.640] And she says, yes.
[01:04:09.640 --> 01:04:11.560] She says, but after talking and talking,
[01:04:11.560 --> 01:04:15.040] she says, I'll make an exception this time.
[01:04:15.040 --> 01:04:16.720] She wasn't putting down her foot.
[01:04:16.720 --> 01:04:17.960] She was actually really nice.
[01:04:17.960 --> 01:04:21.040] I'll make an exception, and you can put it ahead of time.
[01:04:21.040 --> 01:04:22.800] It's just going to be kind of hard for us
[01:04:22.800 --> 01:04:26.640] to keep track of, because we don't actually have a case yet.
[01:04:26.640 --> 01:04:28.680] I said, OK, and she says, well, you have to mail it.
[01:04:28.680 --> 01:04:30.880] I said, you have to understand that I'm not from this state.
[01:04:30.880 --> 01:04:33.760] So if I mail it, it's going to show up
[01:04:33.760 --> 01:04:36.960] after the date of the court date, so that's not going to help.
[01:04:36.960 --> 01:04:42.240] So she made another exception for me to email it to her.
[01:04:42.240 --> 01:04:44.320] So now I'm allowing to email motions
[01:04:44.320 --> 01:04:49.120] before a case has actually been filed preemptively.
[01:04:49.120 --> 01:04:53.160] So when it does show up, they'll have them there
[01:04:53.160 --> 01:04:55.160] and match them up.
[01:04:55.160 --> 01:04:58.760] So the two motions I want to put in, or at least the one,
[01:04:58.760 --> 01:05:00.040] is to our continuance.
[01:05:00.040 --> 01:05:04.000] But shouldn't I also put one in to have this thing dismissed
[01:05:04.000 --> 01:05:08.000] based on violating the statute that says it was supposed
[01:05:08.000 --> 01:05:10.120] to be filed immediately?
[01:05:10.120 --> 01:05:12.720] A denial-to-do process.
[01:05:12.720 --> 01:05:15.640] Yes, Nancy.
[01:05:15.640 --> 01:05:18.480] You made an attempt to file with the court,
[01:05:18.480 --> 01:05:20.040] and you were denied due process.
[01:05:20.040 --> 01:05:23.920] You were denied access to the court.
[01:05:23.920 --> 01:05:27.560] But I'm being allowed to it, and I'm being allowed access now.
[01:05:27.560 --> 01:05:30.160] But they violated one of the statute.
[01:05:30.160 --> 01:05:32.880] That don't fix the first time.
[01:05:32.880 --> 01:05:35.200] OK.
[01:05:35.200 --> 01:05:36.760] The bill got rung.
[01:05:36.760 --> 01:05:39.840] Were you in Colorado when you did that?
[01:05:39.840 --> 01:05:41.200] Yes.
[01:05:41.200 --> 01:05:42.200] No.
[01:05:42.200 --> 01:05:46.240] So are you from Illinois?
[01:05:46.240 --> 01:05:46.880] No.
[01:05:46.880 --> 01:05:50.960] I'm technically from Arkansas, but I get around a lot.
[01:05:50.960 --> 01:05:51.520] Oh, OK.
[01:05:51.520 --> 01:05:57.680] So you were in Colorado, but you're not from Colorado.
[01:05:57.680 --> 01:05:58.960] And while you were there, they didn't
[01:05:58.960 --> 01:06:01.240] allow you to file the motions.
[01:06:01.240 --> 01:06:04.240] I should get an emotional dismiss for denial-to-do process.
[01:06:07.120 --> 01:06:09.400] OK.
[01:06:09.400 --> 01:06:13.840] So do I do a continuance, just in case?
[01:06:13.840 --> 01:06:16.960] Yes, yes, absolutely do a continuance.
[01:06:16.960 --> 01:06:17.440] OK.
[01:06:17.440 --> 01:06:20.920] And file a complaint against the first clerk
[01:06:20.920 --> 01:06:24.440] who wouldn't accept your filing.
[01:06:24.440 --> 01:06:25.880] And then what that's going to do,
[01:06:25.880 --> 01:06:30.920] now they've got to try to protect this clerk from you.
[01:06:30.920 --> 01:06:33.720] Now they've got a reason for making your case go away.
[01:06:33.720 --> 01:06:37.720] OK.
[01:06:37.720 --> 01:06:43.960] She told me that they can submit the ticket a few minutes
[01:06:43.960 --> 01:06:46.400] before the actual trial date.
[01:06:46.400 --> 01:06:47.840] That's how much time they're allowed.
[01:06:47.840 --> 01:06:49.760] And I said, can you tell me where that statute is?
[01:06:49.760 --> 01:06:52.120] And she said, if you look for it, you'll probably find it.
[01:06:52.120 --> 01:06:53.600] But that's not what you're concerned with.
[01:06:53.600 --> 01:06:56.520] You're concerned about getting a summons dismiss.
[01:06:56.520 --> 01:07:00.680] And first she said, I would probably go with that angle.
[01:07:00.680 --> 01:07:04.720] Well, there's going to be a limitation on how long
[01:07:04.720 --> 01:07:09.400] before a court date that you can file motions during seven
[01:07:09.400 --> 01:07:11.480] days.
[01:07:11.480 --> 01:07:14.840] So if they're saying they can file with the court
[01:07:14.840 --> 01:07:18.520] the date that you're required to appear,
[01:07:18.520 --> 01:07:21.200] then they've denied you any opportunity to petition the court
[01:07:21.200 --> 01:07:24.960] for redressing grievance, as a matter of course.
[01:07:24.960 --> 01:07:31.400] I'm thinking, how do you get these since you're out of state,
[01:07:31.400 --> 01:07:35.400] it's very inconvenient to come back and fight this ticket.
[01:07:35.400 --> 01:07:37.840] So make it very inconvenient for them.
[01:07:41.760 --> 01:07:42.880] OK.
[01:07:42.880 --> 01:07:48.440] File every allegation against the court
[01:07:48.440 --> 01:07:55.240] for an ongoing pattern of abusive practice
[01:07:55.240 --> 01:07:58.680] by denying people access to the court
[01:07:58.680 --> 01:08:05.000] after they've been accused of a crime and before trials.
[01:08:05.000 --> 01:08:07.600] They need opportunity to file motions, pleadings,
[01:08:07.600 --> 01:08:09.120] and their defense.
[01:08:09.120 --> 01:08:13.040] And they're being denied and systematically denied access.
[01:08:13.040 --> 01:08:17.160] And that'll look like you're going to come after them
[01:08:17.160 --> 01:08:21.320] more generally and force them to have to change their policies.
[01:08:21.320 --> 01:08:25.000] And they're not going to do that.
[01:08:25.000 --> 01:08:29.200] Give them a better reason to dismiss your case.
[01:08:29.200 --> 01:08:31.680] OK.
[01:08:31.680 --> 01:08:33.200] I'll do that.
[01:08:33.200 --> 01:08:35.320] I don't want to take up much more time with this.
[01:08:35.320 --> 01:08:39.120] Do you guys have a few callers online?
[01:08:39.120 --> 01:08:40.760] Yes, we do.
[01:08:40.760 --> 01:08:43.000] OK.
[01:08:43.000 --> 01:08:45.160] So the last question I had is just,
[01:08:45.160 --> 01:08:47.560] can I get an example somewhere online of a complaint
[01:08:47.560 --> 01:08:50.480] just so I can start to wrap my head around the wording?
[01:08:50.480 --> 01:08:54.400] Yes, send me an email asking for it, and I will send you some.
[01:08:54.400 --> 01:08:57.760] I was working on some today, as a matter of fact.
[01:08:57.760 --> 01:09:00.400] I'll send you what I'm working on.
[01:09:00.400 --> 01:09:01.080] OK.
[01:09:01.080 --> 01:09:03.440] So I'll get off now, and then maybe next week
[01:09:03.440 --> 01:09:05.720] I'll call in about the Chicago story,
[01:09:05.720 --> 01:09:07.560] because it's, I think, a good one.
[01:09:07.560 --> 01:09:08.880] And it's going to be a good lawsuit
[01:09:08.880 --> 01:09:10.920] if I can figure out how to do it.
[01:09:10.920 --> 01:09:11.680] OK.
[01:09:11.680 --> 01:09:13.280] Wonderful.
[01:09:13.280 --> 01:09:14.080] OK.
[01:09:14.080 --> 01:09:14.960] Thank you, Chris.
[01:09:14.960 --> 01:09:15.600] Thank you.
[01:09:15.600 --> 01:09:16.040] You're welcome.
[01:09:16.040 --> 01:09:16.360] Thank you.
[01:09:16.360 --> 01:09:18.480] Randy, again, I appreciate you guys.
[01:09:18.480 --> 01:09:19.000] OK.
[01:09:19.000 --> 01:09:22.280] Now we're going to Danny in Tennessee.
[01:09:22.280 --> 01:09:24.480] Hello, Danny.
[01:09:24.480 --> 01:09:27.000] Well, hey, how are you doing there tonight?
[01:09:27.000 --> 01:09:28.040] Doing good.
[01:09:28.040 --> 01:09:31.120] What do you have for us today?
[01:09:31.120 --> 01:09:36.440] Well, I sent you an email today with a letter prepared
[01:09:36.440 --> 01:09:38.440] that I just wondered if you had gotten
[01:09:38.440 --> 01:09:40.760] and managed to look it over.
[01:09:40.760 --> 01:09:46.720] I got halfway through it before my phone started ringing.
[01:09:46.720 --> 01:09:48.600] Well, how did it look as far as you had gotten?
[01:09:51.800 --> 01:09:52.720] It looked OK.
[01:09:52.720 --> 01:09:57.880] There was one grammatical thing in the front that I noticed.
[01:09:57.880 --> 01:09:59.080] But that's all it looked.
[01:09:59.080 --> 01:10:01.640] It was well written.
[01:10:01.640 --> 01:10:02.120] OK.
[01:10:02.120 --> 01:10:03.600] I just want to pull it back up.
[01:10:03.600 --> 01:10:07.400] And well, I just wondered about maybe just reading it
[01:10:07.400 --> 01:10:11.320] on the air here for other people to hear.
[01:10:11.320 --> 01:10:13.280] And boy, this is all twisted up.
[01:10:17.800 --> 01:10:21.640] This is your letter to the ACLU.
[01:10:21.640 --> 01:10:24.240] Right.
[01:10:24.240 --> 01:10:27.000] It's kind of long.
[01:10:27.000 --> 01:10:29.240] Well, can you?
[01:10:29.240 --> 01:10:34.360] Anyway, I just thought that would be kind of, well,
[01:10:34.360 --> 01:10:36.880] I could just describe it overall, I guess,
[01:10:36.880 --> 01:10:39.000] instead of all the words here.
[01:10:39.000 --> 01:10:45.560] Yeah, it was interesting in that what you're complaining about
[01:10:45.560 --> 01:10:51.760] is an issue that there's already a class action suit in place
[01:10:51.760 --> 01:10:56.360] over the exact same issue in the exact same jurisdiction.
[01:10:56.360 --> 01:11:01.200] We explain what the issue is and what the lawsuit is.
[01:11:01.200 --> 01:11:08.000] OK, well, in Tennessee, like the warrant, it has to be issued,
[01:11:08.000 --> 01:11:13.040] sworn before a magistrate or the clerk of the General Sessions
[01:11:13.040 --> 01:11:14.280] Court.
[01:11:14.280 --> 01:11:18.040] And this came out of a city court
[01:11:18.040 --> 01:11:23.120] and was before a clerk of that court
[01:11:23.120 --> 01:11:26.160] and not the magistrate of that court.
[01:11:26.160 --> 01:11:30.440] And so it's not valid without authority
[01:11:30.440 --> 01:11:34.240] for it to be sworn before.
[01:11:34.240 --> 01:11:36.120] And that's what this case is about.
[01:11:36.120 --> 01:11:39.440] And I've looked back through some of the files
[01:11:39.440 --> 01:11:43.320] because I have a case from 2011, and it was that way then.
[01:11:43.320 --> 01:11:49.040] Third, must be like 10,000 of these violations like that.
[01:11:49.040 --> 01:11:52.120] But I read through the lawsuit.
[01:11:52.120 --> 01:11:57.320] The problem I see with it is that it's
[01:11:57.320 --> 01:12:02.280] asking probably to be certified under what they refer to
[01:12:02.280 --> 01:12:04.600] as the limited fund doctrine.
[01:12:04.600 --> 01:12:07.120] Which I take that to mean that, well, they're
[01:12:07.120 --> 01:12:10.880] only going to try to get some fixed amount of money
[01:12:10.880 --> 01:12:15.760] from the city regardless of the total liability.
[01:12:15.760 --> 01:12:20.400] And so I think that they're just continuing this practice.
[01:12:20.400 --> 01:12:23.360] They know they're aware that it's not correct
[01:12:23.360 --> 01:12:27.480] and the lawsuit is going because the city is not going to be
[01:12:27.480 --> 01:12:30.640] out any more money than it would be anyway.
[01:12:30.640 --> 01:12:33.520] And so they just take up all of these others.
[01:12:33.520 --> 01:12:35.240] And then when that judgment comes down,
[01:12:35.240 --> 01:12:38.240] well, all these new ones get wiped out with the old ones.
[01:12:43.520 --> 01:12:47.320] That sounds like recall.
[01:12:47.320 --> 01:12:50.280] Yeah, maybe so.
[01:12:50.280 --> 01:12:55.240] Because that's a calculation where they knowingly
[01:12:55.240 --> 01:13:00.240] intentionally violate the law because there
[01:13:00.240 --> 01:13:03.760] is no real remedy.
[01:13:03.760 --> 01:13:04.920] The remedy is insufficient.
[01:13:08.160 --> 01:13:11.960] Yeah, well, they're not going to be suffering any more penalty
[01:13:11.960 --> 01:13:14.280] than they would be anyway.
[01:13:14.280 --> 01:13:17.000] They're just going to have this amount to pay out
[01:13:17.000 --> 01:13:22.600] and then an injunction to stop doing that.
[01:13:22.600 --> 01:13:24.920] What about filing criminally against the mayor
[01:13:24.920 --> 01:13:29.200] and the city council?
[01:13:29.200 --> 01:13:31.160] Well, yeah, that's an idea too.
[01:13:31.160 --> 01:13:34.480] Like I said, this just keeps on expanding
[01:13:34.480 --> 01:13:39.880] the number of people to drag into it.
[01:13:39.880 --> 01:13:42.480] Because part of this also is that the police
[01:13:42.480 --> 01:13:48.040] make a stop on a vehicle registration violation.
[01:13:48.040 --> 01:13:50.560] And they're not really authorized to do that.
[01:13:50.560 --> 01:13:58.040] That's limited to the Commissioner of Revenue, who's
[01:13:58.040 --> 01:14:02.800] also designated as the Register of Vehicles.
[01:14:06.240 --> 01:14:10.720] So they're collecting a lot of money
[01:14:10.720 --> 01:14:15.640] through fairly easy collected fines and such
[01:14:15.640 --> 01:14:22.320] through enforcement activities that their officers are not
[01:14:22.320 --> 01:14:25.480] authorized to engage in.
[01:14:25.480 --> 01:14:28.960] OK, wait, you're in Tennessee.
[01:14:28.960 --> 01:14:35.120] You can get a grand jury to examine these practices.
[01:14:35.120 --> 01:14:37.600] You can do that yourself.
[01:14:37.600 --> 01:14:40.040] Well, yeah, I might go that way.
[01:14:40.040 --> 01:14:47.120] But my idea was to get together a group of complaints
[01:14:47.120 --> 01:14:52.200] to take to a higher level judge outside this district.
[01:14:54.960 --> 01:14:58.440] Because I did that once some years ago
[01:14:58.440 --> 01:15:03.840] to do with the way that attorneys were doing a foreclosure.
[01:15:03.840 --> 01:15:05.480] And I didn't.
[01:15:05.480 --> 01:15:05.960] Wait a minute.
[01:15:05.960 --> 01:15:09.120] Was that done in Tennessee or in Texas?
[01:15:09.120 --> 01:15:11.440] Tennessee.
[01:15:11.440 --> 01:15:12.160] Interesting.
[01:15:12.160 --> 01:15:22.280] Do you have the case law or the evidence of authority
[01:15:22.280 --> 01:15:27.360] of a judge in a different district
[01:15:27.360 --> 01:15:31.960] to take your complaint when he's out of his district?
[01:15:31.960 --> 01:15:36.160] And the reason I'm asking this question is in Texas.
[01:15:36.160 --> 01:15:40.360] We have attorney general opinion JM500.
[01:15:40.360 --> 01:15:45.640] And it was a question about someone arrested in a county
[01:15:45.640 --> 01:15:50.400] and out of county, arrested in a county in which the offense
[01:15:50.400 --> 01:15:55.480] was not committed, taken to a magistrate in that county
[01:15:55.480 --> 01:15:59.040] for an examining trial.
[01:15:59.040 --> 01:16:02.160] The question brought was, can a magistrate
[01:16:02.160 --> 01:16:09.360] in a foreign jurisdiction hear a criminal complaint
[01:16:09.360 --> 01:16:11.440] hold an examining trial?
[01:16:11.440 --> 01:16:13.600] And the answer was that any magistrate
[01:16:13.600 --> 01:16:16.120] can take any complaint, fell in your misdemeanor state
[01:16:16.120 --> 01:16:20.680] or federal, from anywhere in the state.
[01:16:20.680 --> 01:16:23.560] Word, no, venue restrictions.
[01:16:23.560 --> 01:16:27.840] Is there something similar in Tennessee that you know of?
[01:16:27.840 --> 01:16:35.680] No, but I was trying to take it to a higher level judge,
[01:16:35.680 --> 01:16:39.560] such as a Supreme Court justice.
[01:16:39.560 --> 01:16:41.400] But any time you do, you're taking it
[01:16:41.400 --> 01:16:44.720] to that judge in his capacity as a magistrate.
[01:16:44.720 --> 01:16:45.960] Right, right.
[01:16:45.960 --> 01:16:52.960] And it fits the way magistrates were created.
[01:16:52.960 --> 01:16:56.320] Tennessee used to have magistrates JPs around the county
[01:16:56.320 --> 01:16:57.960] and they eliminated those.
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[01:19:21.160 --> 01:19:27.680] Don't bore me.
[01:19:27.680 --> 01:19:33.360] Well, you ain't gonna fool me
[01:19:33.360 --> 01:19:53.720] Okay, we are back. Randy Kelton, Brett Fountain, Rula Radio. We're talking to Danny from Tennessee
[01:19:53.720 --> 01:20:01.360] and the point is that it might be something to look at so that when you take this to a
[01:20:01.360 --> 01:20:10.360] judge outside this venue, you might be able to avoid that venue argument.
[01:20:10.360 --> 01:20:21.080] Okay. It makes sense. In 1215, when they signed the Magna Carta, they created magistrates around
[01:20:21.080 --> 01:20:28.080] the county. And the intent was, if a person was arrested for any reason, he is to be taken
[01:20:28.080 --> 01:20:35.840] directly to the nearest magistrate. At the time, everything was horseback, so you were within a
[01:20:35.840 --> 01:20:43.760] day's ride from a magistrate anywhere. That was the intent. So it could not mean that you had to
[01:20:43.760 --> 01:20:49.040] take him to a magistrate in the jurisdiction where the crime was committed. You're taking the
[01:20:49.040 --> 01:20:58.640] nearest magistrate. So it's consistent with the intent, so it's probably in Tennessee law somewhere
[01:20:58.640 --> 01:21:11.080] if we can just find it. Whoa, we just lost Danny again. Danny's been dropping off, so there must be
[01:21:11.080 --> 01:21:23.720] having some problems. Okay, we're going to go to Taylor in Texas. Hey, how's it going, Randy? Can
[01:21:23.720 --> 01:21:29.560] you hear me? Yes, I can hear you. What do you have for us today? Hey, Randy, I hope you don't mind
[01:21:29.560 --> 01:21:37.240] me shifting gears here. I'm really interested in homeowner rights lately. How could I look at
[01:21:37.240 --> 01:21:45.720] homeowner rights with the same lens that we're looking at in traffic law tonight? Well, homeowner
[01:21:45.720 --> 01:21:53.240] rights, I'm not sure where you're going. Personal property is the issue, and that's pretty well
[01:21:53.240 --> 01:22:02.040] constitutional, and that's extremely well adjudicated. Are you talking about like a homeowner's
[01:22:02.040 --> 01:22:11.560] association or something? Maybe. I'm still really new to the law in general. Everything that I've
[01:22:11.560 --> 01:22:17.640] learned on your show has blown my mind, and I'm wondering, I'm a new homeowner about three years
[01:22:17.640 --> 01:22:23.480] now, and I've been looking at my contracts and my deed and stuff, and I know there's more to it
[01:22:23.480 --> 01:22:29.560] that I might not know about, and so I was curious if you could point me in the direction of getting
[01:22:29.560 --> 01:22:39.400] more educated on what it means to be a homeowner and a landowner. I can tell you a lot about the
[01:22:39.400 --> 01:22:47.560] contract and how the banks play fast and loose with the terms of the contract. If you are in a
[01:22:47.560 --> 01:22:55.800] developed area, there's a very good, there's a likelihood that you are in an area that has a
[01:22:55.800 --> 01:23:04.920] homeowner's association. How old is your house? It was built in 53. I'm here. Okay. Then you're
[01:23:04.920 --> 01:23:12.360] probably in a neighborhood that does not have a homeowner's association. Those were later advance
[01:23:13.480 --> 01:23:20.600] 80s, 90s, 70s, 80s, 90s. In the 50s, I don't think they even had them yet, so you probably
[01:23:20.600 --> 01:23:28.920] aren't shackled with that. We do have some people, Tim Pixler, he lives in Newark, Texas, and we
[01:23:28.920 --> 01:23:36.040] helped him take on the city there, and they're having a problem with homeowner's associations
[01:23:36.040 --> 01:23:41.640] and run them up, and they're often a problem. They can foreclose on you. They can do all
[01:23:41.640 --> 01:23:53.320] kind of horrible stuff. But otherwise, owning your own house as far as law goes, your property and
[01:23:53.320 --> 01:24:04.440] your home is probably the most protected thing in the country. Other than contractual, nobody
[01:24:04.440 --> 01:24:10.760] can mess with your property. If you keep the taxes paid and you pay the mortgage, nobody can mess
[01:24:10.760 --> 01:24:19.800] with you. I'm not sure what you're looking for. Well, yeah. I got my home just before I got out
[01:24:19.800 --> 01:24:27.880] of the Air Force with a VA loan. That was nice, but I've been doing a lot of research on mortgages.
[01:24:31.160 --> 01:24:37.480] Not all of it is that great, I guess, the message. I just want to get more
[01:24:37.480 --> 01:24:43.640] knowledgeable on what mortgages are, what the contracts are, everything that goes into owning
[01:24:43.640 --> 01:24:55.160] a home or owning a home through a bank. Go to freemortgagehelp.com. That's a site I have up.
[01:24:55.160 --> 01:25:01.720] It's not very organized. It's kind of organized. I just stuck it together. It doesn't. It's not
[01:25:01.720 --> 01:25:08.520] very pretty. I didn't do any dress up on it, but I needed a place to put all this information.
[01:25:09.880 --> 01:25:17.560] It has massive amounts of information on it. Perfect. Excuse me.
[01:25:19.800 --> 01:25:24.920] Probably anything you want to know is in there. It's just a matter of digging through it and
[01:25:24.920 --> 01:25:31.000] finding it. That was information I put together when, during the mortgage crisis, when I was
[01:25:31.000 --> 01:25:40.360] helping people fight foreclosure, and it will point you to all of the shenanigans the banks tend to
[01:25:40.360 --> 01:25:53.560] pull and tools you can use to beat them up when you catch them. Keep all of your, the bills that
[01:25:53.560 --> 01:26:00.840] they send you. Keep them all. Scan them in as best and keep records of everything you pay.
[01:26:02.280 --> 01:26:09.960] There are some subtle ways that they get to you. Have you looked at your HUD 1 settlement statement?
[01:26:12.440 --> 01:26:18.120] I don't. I haven't. I don't even know what that is. Okay. In your closing documents,
[01:26:18.120 --> 01:26:23.880] there will be one document in there that is legal size. It's about the only thing that's
[01:26:23.880 --> 01:26:32.440] still produced in legal size, and it will have a list of all of the fees associated with the mortgage.
[01:26:34.840 --> 01:26:42.120] You can have great fun with that. Interesting. Okay. Cool. Okay. When they,
[01:26:42.120 --> 01:26:50.040] you know, I've got a spreadsheet that I built, and if you're interested, I will, I've got that
[01:26:50.040 --> 01:26:57.800] thing online somewhere, I believe. I'll see if I still have it online. If not, you can send me
[01:26:59.320 --> 01:27:06.920] about four documents, and I'll run you an assessment. I have a very large amortization tool
[01:27:06.920 --> 01:27:12.600] where I put in all of your amortization, all your information on your mortgage, and it tells me
[01:27:12.600 --> 01:27:21.720] exactly what your payment should be. And if it's a variable, do you have a variable or fixed rate?
[01:27:23.480 --> 01:27:31.000] Fixed rate. Good. Good. Good. They got rid of most of the garbage. So fixed rate is pretty
[01:27:31.000 --> 01:27:38.840] straightforward. Depending on what you want to do with your mortgage, if you want to get
[01:27:38.840 --> 01:27:47.240] a better rate, we have some dirty tricks we can pull. HUD 1 settlement statement lists
[01:27:47.240 --> 01:27:54.520] all of the costs of creating the mortgage. On this, on the second page of the HUD 1 settlement
[01:27:54.520 --> 01:28:02.600] statement starting at line 700 through 1400, they list all of the charges. Well, there are
[01:28:02.600 --> 01:28:08.920] strict limitations on what they can charge for, what they can't charge for. They're not allowed
[01:28:08.920 --> 01:28:19.080] to charge you for things that are the normal part of doing business, but they do anyway.
[01:28:19.080 --> 01:28:29.880] Document preparation, warehousing fees. They got all these really interesting names for fees
[01:28:29.880 --> 01:28:40.280] they charge you. But when you went to closing, they didn't provide any documentation to show
[01:28:40.280 --> 01:28:44.840] that the fees that were charged were not otherwise forbidden to be charged by law,
[01:28:44.840 --> 01:28:54.360] that the fees charged were for services actually rendered, that the services were necessary,
[01:28:55.320 --> 01:29:01.080] and that the lender did not take an undisclosed markup on the amounts charged. Now, that's right
[01:29:01.080 --> 01:29:06.440] out of the way when we say settlement procedures act. Since they didn't provide any of that stuff,
[01:29:06.440 --> 01:29:14.600] then you presume that all those fees are bogus, and we've done this in a lot of suits,
[01:29:15.560 --> 01:29:26.120] but we asked the lender to prove up all of those fees. And in over 700 cases, guess how many fees
[01:29:26.120 --> 01:29:37.560] got proved up? It's a real easy number. Zero. I'm going fast because I'm out of time. The reason
[01:29:37.560 --> 01:29:43.400] it's zero, because if there's one that's bogus, they prove up one and don't prove up another,
[01:29:43.400 --> 01:29:50.280] create an adverse infrage, that all of them are bogus. Hang on, go into break, ready to help,
[01:29:50.280 --> 01:29:56.440] we were already at radical break fountain. I'm getting tangled up on my tongue. We'll be right back.
[01:30:02.920 --> 01:30:08.040] Since 9-11, our government has used invasive measures like warrantless phone taps to keep
[01:30:08.040 --> 01:30:12.440] us safe from terrorists, but too much government surveillance could actually put us at greater
[01:30:12.440 --> 01:30:17.320] risk. I'm Dr. Katherine Albrecht, and I'll be back with the unsettling truth in just a moment.
[01:30:17.320 --> 01:30:23.720] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:23.720 --> 01:30:28.520] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:28.520 --> 01:30:34.680] So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[01:30:34.680 --> 01:30:39.880] it's worth hanging on to. This public service announcement is brought to you by StartPage.com,
[01:30:39.880 --> 01:30:47.480] the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage. Our
[01:30:47.480 --> 01:30:52.920] greatest threat isn't terrorists, it's government. According to political science professor RJ Rommel,
[01:30:52.920 --> 01:30:57.080] 20th century governments murdered nearly 300 million of their own citizens,
[01:30:57.080 --> 01:31:01.960] six times more than all the centuries wars combined. And governments that kill have one thing
[01:31:01.960 --> 01:31:06.760] in common, too much power. Surveillance is government power, and historically governments
[01:31:06.760 --> 01:31:11.000] have used surveillance to protect themselves rather than citizens. If you think such abuse
[01:31:11.000 --> 01:31:15.720] couldn't happen in the U.S., just look back to Watergate. Join me in opposing the Patriot Act,
[01:31:15.720 --> 01:31:19.800] and let's return to the best protection, a federal government with limited powers in
[01:31:19.800 --> 01:31:25.000] accordance with the U.S. Constitution. I'm Dr. Katherine Albrecht, more news and information
[01:31:25.000 --> 01:31:35.480] at KatherineAlbrecht.com. This is Building 7, a 47-story skyscraper that fell on the afternoon
[01:31:35.480 --> 01:31:40.600] of September 11. The government says that fire brought it down. However, 1500 architects and
[01:31:40.600 --> 01:31:45.080] engineers have concluded it was a controlled demolition. Over 6,000 of my fellow service
[01:31:45.080 --> 01:31:49.400] members have given their lives, and thousands of my fellow force responders have died. I'm not a
[01:31:49.400 --> 01:31:53.080] conspiracy theorist, I'm a structural engineer, I'm a New York City correction office, I'm an
[01:31:53.080 --> 01:31:58.600] Air Force pilot, I'm a father who lost his son. We are Americans, and we deserve the truth. Go to
[01:31:58.600 --> 01:32:05.640] RememberBuilding7.org today. Rule of law radio is proud to offer the rule of law traffic seminar.
[01:32:05.640 --> 01:32:09.320] In today's America, we live in an us-against-them society, and if we, the people, are ever going
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[01:32:21.400 --> 01:32:25.960] least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[01:32:59.000 --> 01:33:23.000] Looking for some truth? You found it. LogosRadioNetwork.com.
[01:33:29.000 --> 01:33:58.440] Okay, we are back. Ready to
[01:33:58.440 --> 01:34:05.000] help them, Brett Fountain, Rule of Law Radio, and we're talking to Taylor in Texas, and when I gave
[01:34:05.000 --> 01:34:17.720] you the URL from my website, I made a mistake. It's freemortgagehelp.net, not.com. Our producer
[01:34:19.000 --> 01:34:24.840] tried it on the break and we had to get it corrected. Okay, so it's freemortgagehelp.net.
[01:34:24.840 --> 01:34:32.120] A lot of information there, but I don't think my mortgage analysis tool is on there,
[01:34:33.160 --> 01:34:39.320] so, but I can, it's a little complex so I have to have you send documents to me to fill it out,
[01:34:39.320 --> 01:34:46.520] but what we do is presume that all of the fees on the HUD 1 settlement statement are fraudulent.
[01:34:46.520 --> 01:34:53.160] We've never had a bank prove up any of them because if they proved up any one of them,
[01:34:53.160 --> 01:35:00.520] they'd have to prove up all of them, and they always have bogus fees on there that they can't
[01:35:00.520 --> 01:35:10.440] prove up. So what we do is we take the full amount on line 1400 of the HUD 1 settlement statement,
[01:35:10.440 --> 01:35:20.840] that's the sum of all of the fees charged. We take the sum for the fees charged to the lender
[01:35:20.840 --> 01:35:28.280] and to the seller because at the end of the day, the lender pays everything. The presumption is
[01:35:28.280 --> 01:35:35.640] what the seller has to pay is added to the amount they're selling the property for.
[01:35:37.000 --> 01:35:41.080] So, and the bank gets it anyway, and if it's not
[01:35:42.840 --> 01:35:46.120] proper, then the bank doesn't have a right to it. So we take the full amount,
[01:35:46.120 --> 01:35:55.320] subtract it from the original principle as an overpayment, and then run the amortization.
[01:35:57.080 --> 01:36:05.960] On a 30-year mortgage, depending on the interest rate, if you get charged an extra dollar on the
[01:36:05.960 --> 01:36:17.000] front end, you'll pay $4 to $6 on the back end because you will pay interest on that money
[01:36:17.000 --> 01:36:24.120] until you pay off the entire note because what's added extra is the last thing you pay off,
[01:36:24.120 --> 01:36:32.120] so you pay interest on it over the whole period. And I generally get you a claim against the lender
[01:36:32.120 --> 01:36:39.720] for two to three times the original mortgage amount. Then you can go to the original lender
[01:36:39.720 --> 01:36:47.160] and say, hey, you guys are screwing me around. I want you to make me a better deal or we're
[01:36:47.160 --> 01:36:55.080] going to go to court. And if you have to date on the payments, then the only thing the lender
[01:36:55.080 --> 01:37:03.720] can do is lose. Even if they win everything in court, they lose. That's pretty cool. I'm glad
[01:37:03.720 --> 01:37:08.760] I asked. So you can sting them good. Then you say, okay, guys, I'll tell you what,
[01:37:09.640 --> 01:37:13.400] you sue them and the first thing you do is ask the judge to order mediation.
[01:37:14.920 --> 01:37:21.800] Now, they'll never come to the table and intentionally or deliberately and mediate
[01:37:21.800 --> 01:37:28.200] with a pro se litigant. Not going to happen. The lawyers would lose space.
[01:37:30.280 --> 01:37:33.320] But if the judge orders them to, they don't have any option.
[01:37:34.840 --> 01:37:40.520] And the way it works in the real world is the judge would rather be out playing golf than
[01:37:40.520 --> 01:37:44.840] sitting down listening to all of this stuff he's got to go through for a court case.
[01:37:44.840 --> 01:37:52.520] So if you ask him to order mediation, he will jump on that. As a pro se,
[01:37:52.520 --> 01:37:56.280] there's very little you can ask a judge to do that they will actually do.
[01:37:57.480 --> 01:38:04.840] But mediation, that's one they'll do every time. Now the lawyer can come to the table
[01:38:04.840 --> 01:38:08.360] without losing face because he's been ordered to by the judge.
[01:38:08.360 --> 01:38:15.800] And you tell the lawyer, this is fun. I'm learning how the legal system works here.
[01:38:16.360 --> 01:38:22.600] And I got nothing to lose. So let's dance or make me a deal.
[01:38:24.760 --> 01:38:29.160] Calculate how much it's going to cost the bank to stay in court with me for the next four or
[01:38:29.160 --> 01:38:39.560] five years. Cut that in half and take that off my mortgage and rewrite this mortgage.
[01:38:39.560 --> 01:38:44.840] Not much to lose to do that. There's another way you can do it.
[01:38:46.440 --> 01:38:50.200] One I like is petition for declaratory judgment.
[01:38:50.200 --> 01:38:57.000] You ask the judge to declare that all of the fees on the HUD 1 settlement statement are fraudulent.
[01:39:01.400 --> 01:39:05.960] Now, if they are fraudulent, that means you have a claim against the bank,
[01:39:05.960 --> 01:39:12.680] but you don't know if they're fraudulent. So before you sue them and accuse them of committing fraud,
[01:39:12.680 --> 01:39:23.080] you need to get access to records only they have to be able to determine if these fees
[01:39:23.080 --> 01:39:29.400] they charge you are fraudulent or not. So you do that with a petition for declaratory judgment.
[01:39:30.520 --> 01:39:37.160] It doesn't ask for any damages. It just asks the court to render a ruling on the rights of the
[01:39:37.160 --> 01:39:47.160] partage. And it gives you opportunity to do discovery to determine whether or not you have a claim.
[01:39:47.880 --> 01:39:54.040] And the courts did this so that they could and so the courts don't have to hear as many cases.
[01:39:55.160 --> 01:40:00.920] Instead of filing a full-out suit, you can just file a petition for declaratory judgment. There
[01:40:00.920 --> 01:40:07.640] are no claims. There's no jury. They don't have to do any of that stuff. It's just a single question
[01:40:07.640 --> 01:40:12.600] brought before the court that the court can answer. And if he answers it one way, the whole issue
[01:40:12.600 --> 01:40:16.760] goes away. There is no lawsuit. He never has to deal with it. The answer is the other way
[01:40:17.400 --> 01:40:25.160] that you come into court with a definite ruling that's resjudicata and the other side can't revisit
[01:40:25.160 --> 01:40:30.040] that. They just go on to the claims that you make against them. So you could do a petition
[01:40:30.040 --> 01:40:37.320] for declaratory judgment. That would make them crazy. I've never found a single lawyer or judge
[01:40:37.320 --> 01:40:47.000] who knew what one was. Filed one in Fort Worth in Judge McBride. He's got to be 94, 95 by now.
[01:40:47.000 --> 01:40:56.760] He's a real stinker. The other side, Locklord was the lawyers for the bank, Wells Fargo.
[01:40:56.760 --> 01:41:06.120] And this Locklord lawyer, one of the biggest law firms in the country, argued that the judge
[01:41:06.120 --> 01:41:10.120] should dismiss my case for failure state of claim of which recovery can be had. Rule 12,
[01:41:10.120 --> 01:41:16.120] B6, motion to dismiss. Standard procedure in every foreclosure issue, every lawsuit now.
[01:41:16.120 --> 01:41:27.480] Except petition for declaratory judgment. They don't have any claims. So there is no claim on
[01:41:27.480 --> 01:41:34.360] which recovery can be had because a declaratory judgment doesn't have any. But they also said
[01:41:34.360 --> 01:41:39.480] that the judge should dismiss the case because Wells Fargo was not the lender.
[01:41:39.480 --> 01:41:44.760] Well, that's true. They weren't the lender, but they were the agent for the lender.
[01:41:46.040 --> 01:41:50.360] And the Knucklehead lawyer didn't seem to realize that they stood in the shoes of the lender.
[01:41:51.560 --> 01:42:01.240] So what happens when a party makes a mistake and takes a position that will harm them in the
[01:42:01.240 --> 01:42:11.320] future? What do you do? Well, you run down in non-suit. Oh, my goodness, my bad. These guys
[01:42:11.320 --> 01:42:17.320] were trying to foreclose, so I thought they were agents for the lender. I guess they're not my bad
[01:42:17.320 --> 01:42:26.280] non-suit. Now, they've made this declaration. Based on their declaration, I dismissed the suit.
[01:42:26.280 --> 01:42:34.280] The declaration now becomes collateral estoppel. They can never take a different position in court.
[01:42:35.400 --> 01:42:39.320] So I ran down in non-suit. The same day I non-suited,
[01:42:39.880 --> 01:42:45.720] Judge McBride dismissed my declaratory judgment with prejudice for failure to stay
[01:42:45.720 --> 01:42:52.680] to claim on which recovery can be had. Making claims on declaratory.
[01:42:52.680 --> 01:43:00.280] That's right. So I went to the special agent charge, the FBI in Dallas,
[01:43:00.280 --> 01:43:06.200] and filed criminal charges against Judge McBride. Oh, that was fun.
[01:43:08.760 --> 01:43:15.400] I've had three or four people file that same suit. He has not dismissed one of them.
[01:43:15.400 --> 01:43:22.680] He got his attention. But the point is, they don't know how to handle declaratory
[01:43:22.680 --> 01:43:27.800] judgment suits. So you can get them to screw up, and when they screw up, you get claims against
[01:43:27.800 --> 01:43:37.080] them. You go after them for it. It's a good education, cheap education, and you might wind
[01:43:37.080 --> 01:43:43.560] up with them in a position where you can pocket some change. Hang on, Randy Kelton, Brett Fountain,
[01:43:43.560 --> 01:43:54.680] we have our radio. I call in number 512-646-1984. We'll be right back.
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[01:46:03.320 --> 01:46:26.760] Okay, we are back. Randy Kelton, Brett Fountain of rule of law radio, and we're talking to Taylor
[01:46:26.760 --> 01:46:35.240] in Texas. Okay, what do you think? Sound like fun? Sounds like a blast.
[01:46:37.480 --> 01:46:43.160] It's good practice, because these bank lawyers, they will throw everything in the book at you.
[01:46:44.600 --> 01:46:49.320] Yeah, you know, I called in a while ago to ask you where I could start,
[01:46:49.320 --> 01:46:52.280] learning about this stuff. You told me to look up the most contentious cases,
[01:46:52.280 --> 01:46:59.000] and I checked some stuff out, and you know, I've been poking through it, but I'm really interested
[01:46:59.000 --> 01:47:04.760] in this mortgage stuff and homeowner rights stuff, and this sounds like a great avenue,
[01:47:04.760 --> 01:47:12.600] so I appreciate it. Okay, well go look at free mortgage help.net, all kind of stuff on there,
[01:47:12.600 --> 01:47:22.760] the tricks and traps, the shenanigans that they pull. That'll give you a lot to start with. The
[01:47:22.760 --> 01:47:30.520] best way is to just go after them. Yeah. Have you a nice lawsuit? It costs a couple hundred bucks to
[01:47:30.520 --> 01:47:42.760] file. And then the problem with the bank is that we had Leslie, she was in Pennsylvania at the time,
[01:47:42.760 --> 01:47:49.640] she's now in Yuma. She was fighting them, and she filed a petition for summary judgment.
[01:47:50.920 --> 01:47:58.840] The lawyers for the bank filed a response and sent her a copy, and they accidentally got the bill
[01:47:58.840 --> 01:48:11.480] they sent to the bank in with the copy they sent to Leslie. $88,000 they charged the bank for that
[01:48:11.480 --> 01:48:24.840] one pleading. Is that insane or what? Wow. I have no idea what she cost them, but she cost them a lot.
[01:48:24.840 --> 01:48:34.280] That Leslie does nice work. Cool. But look at it. First, examine the documentation,
[01:48:34.280 --> 01:48:40.200] see if you find any flaws. If you will, look in your, you probably have everything on disk.
[01:48:42.600 --> 01:48:48.360] From closing? No, I have everything in the park copy.
[01:48:48.360 --> 01:48:58.200] They didn't give you a CD? I don't think so. Go back and ask them for what? I think I would
[01:48:58.200 --> 01:49:04.840] have remembered that. Yeah, go to the title company and ask them for all the records on CD.
[01:49:04.840 --> 01:49:10.280] They got them. Okay. Makes them a lot easier to keep. You don't have to worry about, you know,
[01:49:10.280 --> 01:49:21.160] getting wet or getting ruined, and they're a lot easier to manipulate. But the Hut 1 settlement
[01:49:21.160 --> 01:49:33.160] statement, truth and ending statement, note, a, what do you call it, good faith estimate,
[01:49:33.160 --> 01:49:43.880] if you have it, and the deed of trust. Dig those documents out and send them to me. Cool.
[01:49:44.680 --> 01:49:49.880] Now look them over. Main thing is the Hut 1, but I only need a second page of the Hut 1.
[01:49:51.560 --> 01:49:56.200] I mean, if you do both, you scan them both together, and that way you'll keep them together. But
[01:49:56.200 --> 01:50:03.800] I'll look it over, and it'll give me a good idea if you have a claim or what kind of claim you'll have.
[01:50:06.600 --> 01:50:14.120] All right, we'll do. Okay. Anything else, Taylor? That'll do it. Thanks for everything you do.
[01:50:15.080 --> 01:50:19.080] Okay. Thank you. Now we're going to Jerry in Pennsylvania.
[01:50:19.080 --> 01:50:30.520] Hello, Jerry. What do you have for us today? Oh, yeah, Randy. I have a lot of, I'm doing the
[01:50:30.520 --> 01:50:37.720] municipality here and the force and officer, the Toten Force and Officer up in the U.S. court.
[01:50:38.360 --> 01:50:47.560] No, it's just wondering. You might also see that the Toten Force and Officer personally in the state
[01:50:47.560 --> 01:50:54.360] court. Wait, I'm having a little trouble understanding. Can you move the mic away
[01:50:54.360 --> 01:50:58.520] from your mouth a little bit? You're kind of distorting the mic.
[01:51:00.360 --> 01:51:03.400] Oh, okay. How's that, Jerry? Is that better? That's better.
[01:51:05.400 --> 01:51:15.640] Yeah. A lot of losses on the municipality and the Toten Force and Officer
[01:51:15.640 --> 01:51:26.200] in the U.S. court. And I was wondering, are my two Toten Force and Officer personally
[01:51:26.200 --> 01:51:37.320] in the state court here? Generally not unless the officer was clearly acting in violation of law.
[01:51:37.320 --> 01:51:47.000] You can maintain that crimes are not within the scope of the officer. There's authority.
[01:51:48.760 --> 01:51:53.080] The only way you can get a shot at him is if he acted outside of scope.
[01:51:53.080 --> 01:52:03.800] But generally, they say he will indemnify the officer no matter what.
[01:52:08.120 --> 01:52:14.120] Well, if I put everything together and file it in the state that I have here on him,
[01:52:15.880 --> 01:52:19.880] they'll just probably either state it on the packet or it'll throw it out, right?
[01:52:19.880 --> 01:52:31.240] Well, yeah. If a pro se files against a city or a municipality or a state agency,
[01:52:31.960 --> 01:52:38.680] the courts tend to want to just trash them. So expect them to rule against you out of hand at
[01:52:38.680 --> 01:52:50.680] every turn. You know that going in? You need a strategy. What is it that you want to accomplish
[01:52:50.680 --> 01:53:02.520] by the lawsuit? Oh, I just wanted to ask them to take them up. Oh, that is a good reason.
[01:53:02.520 --> 01:53:11.320] So if you're not too concerned about how they rule, you know, if you have a big time dog in
[01:53:11.320 --> 01:53:18.920] the hunt, that makes you very vulnerable because when it's really important to you and the judge
[01:53:18.920 --> 01:53:25.320] rules against you out of hand, then you tend to feel betrayed and devastated and it makes it
[01:53:25.320 --> 01:53:30.840] extremely difficult to keep going. But if you're just there to jerk them around, you don't care
[01:53:30.840 --> 01:53:36.280] what they do. Everything they do, you use it against them. So it'll be a lot more fun that way.
[01:53:37.640 --> 01:53:46.280] So going after the code enforcement officer himself
[01:53:47.720 --> 01:53:53.240] really won't make any difference. You make the accusations against the code enforcement officer,
[01:53:53.240 --> 01:54:01.000] but you will sue him through the city's bonding agency through their insurance.
[01:54:06.440 --> 01:54:10.520] Yeah. Well, I mean, they pulled that last month on me when I was in court.
[01:54:12.680 --> 01:54:13.960] Wait, I couldn't understand that.
[01:54:13.960 --> 01:54:22.760] Oh, yeah, they pulled that on me last month here in court. Have you, have you
[01:54:23.480 --> 01:54:27.800] filed any judicial conduct complaints against the judge and bar grievances against the lawyers?
[01:54:29.720 --> 01:54:33.960] Oh, yeah, but it's the same old story. They're all in cahoots here, you know.
[01:54:34.600 --> 01:54:43.160] Oh, no, you don't understand. See, their problem is, is their insurance carrier knows they're all
[01:54:43.160 --> 01:54:50.680] in cahoots. So they know that if you file a bar grievance, the bar state bar is going to get
[01:54:50.680 --> 01:54:56.120] that grievance and throw it in a trash and change you back this letter that says we examined into
[01:54:56.120 --> 01:55:01.320] your accusation, fine, it does not rise to the level of misconduct. Probably got a hundred of them.
[01:55:04.040 --> 01:55:11.880] Scott Richards has probably got 500 of them. But that's a good thing because the insurance
[01:55:11.880 --> 01:55:19.960] carrier knows they're going to do that. And they have a agent whose purpose is to charge
[01:55:19.960 --> 01:55:28.200] his client as much as possible and avoid paying any claims. So the agent is just looking for a
[01:55:28.200 --> 01:55:35.720] reason to raise the premium or cancel it so that to get to collect all this money and cancel it,
[01:55:35.720 --> 01:55:43.560] they don't have to pay out anything. Someone's a bad risk. So the only way to have of gauging
[01:55:43.560 --> 01:55:47.800] their level of risk is not by bailout bar grievances, because they're all in a trash
[01:55:48.920 --> 01:55:54.760] by the numbers. First bar grievance, first you're a practice, cancel immediately.
[01:55:56.360 --> 01:56:01.160] Two bar grievances, anyone you're a practice, if you've been practicing for 20 years, they'll cancel.
[01:56:01.160 --> 01:56:07.800] Three, they'll cancel your law firm's malpractice insurance. Your fault, therefore, valid, invalid,
[01:56:07.800 --> 01:56:18.040] they don't care. Bonding, you get too many complaints. And if you're like you're a prosecutor or a
[01:56:18.760 --> 01:56:26.840] like this inspector, if he gets too many complaints against him, professional conduct
[01:56:26.840 --> 01:56:33.560] complaints against him, then the bonding agent's going to increase the bond rating for the entire
[01:56:33.560 --> 01:56:39.720] department if they keep this guy because he's an unacceptable risk. He becomes unemployable,
[01:56:41.320 --> 01:56:50.520] makes cops crazy when you file with the licensing agency, because they get six of those and they
[01:56:50.520 --> 01:56:56.600] can't work. Nobody will hire them. It doesn't matter how good a cop they are, they're an insurance
[01:56:56.600 --> 01:57:02.440] risk. It's all about the money. So sting them good. Now the last thing they're going to do
[01:57:03.720 --> 01:57:07.320] when you grieve them or file a judicial conduct complaint against a judge
[01:57:08.440 --> 01:57:15.880] is say anything to you about it. Two reasons. One, they don't want you to know how bad you
[01:57:15.880 --> 01:57:28.840] stung them. And two, they are forbidden to. The bar association forbids a lawyer from addressing
[01:57:28.840 --> 01:57:35.080] a bar grievance with the filer. Anything the lawyer has to say, they have to say it to the bar.
[01:57:35.880 --> 01:57:41.880] They won't allow the lawyers to intimidate the filer. So you file against the lawyer
[01:57:41.880 --> 01:57:48.440] and they've got to act like you didn't do it. It's like you go into court and you get behind
[01:57:48.440 --> 01:57:52.440] your table and the lawyer gets behind the other table over there before the court starts you
[01:57:52.440 --> 01:57:58.920] walk over and you kick him right square in his professional pants. And he's got to stand there
[01:57:58.920 --> 01:58:09.480] and act like you didn't do it. And when they realize that you fully understand how the bar
[01:58:09.480 --> 01:58:15.000] grievance works, they will not send you a Christmas card.
[01:58:17.000 --> 01:58:18.920] This might even just disappear.
[01:58:19.960 --> 01:58:28.280] They will do that too. All of a sudden you get a new law firm. I wonder how that happens.
[01:58:31.000 --> 01:58:36.360] But they never tell you. You just have to watch for the sides. Hang on. About to go to break.
[01:58:36.360 --> 01:58:41.160] Randy Kelton. Brett Stephens' rule already. Brett Stephens.
[01:58:42.760 --> 01:58:47.960] Devon Fountain. I'll get this right in a minute. Brett Fountain, we'll be right back.
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