ROL_2020-02-14_16k_Hr3-4.timecode

[00:00.000 --> 00:07.000]  The following news flash is brought to you by the Lowest Star of Lowdown.
[00:07.000 --> 00:13.000]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.000 --> 00:22.000]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:22.000 --> 00:29.960]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.960 --> 00:45.960]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:45.960 --> 00:52.960]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated
[00:52.960 --> 00:57.960]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.960 --> 01:04.960]  10 and entering 40 today in history.
[01:04.960 --> 01:09.960]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing heaven to
[01:09.960 --> 01:13.960]  tax his law back in June, county prosecutors around the state including Houston, Austin,
[01:13.960 --> 01:17.960]  and San Antonio have been dropping marijuana possession charges and even refusing to file
[01:17.960 --> 01:22.960]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.960 --> 01:27.960]  to test the ear for THC. Margaret Moore, the Travis County District Attorney announced
[01:27.960 --> 01:31.960]  earlier this month that she was dismissing 32 felony possession and delivery of marijuana
[01:31.960 --> 01:33.960]  cases because of the law.
[01:33.960 --> 01:37.960]  Mr. Abbott and other state officials including the Attorney General stipulated in a letter
[01:37.960 --> 01:41.960]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:41.960 --> 01:47.960]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:47.960 --> 01:52.960]  well as other cities too like the District Attorney in El Paso.
[01:52.960 --> 01:57.960]  Cayma Esparza, a Democrat who also stated earlier this month that the law, quote, will
[01:57.960 --> 02:01.960]  not have an effect on the prosecution of marijuana cases in El Paso.
[02:01.960 --> 02:06.960]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.960 --> 02:10.960]  in Harris County who stated that, quote, the law is constantly changing on what makes
[02:10.960 --> 02:13.960]  something illegal based on its chemical makeup.
[02:13.960 --> 02:17.960]  It is important that if someone is charged with something, the test matches with their
[02:17.960 --> 02:22.960]  charged with.
[02:22.960 --> 02:27.960]  A paper by Tulane University identified a five and a half inch American pocket shark as
[02:27.960 --> 02:32.960]  the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.960 --> 02:37.960]  shark ever captured or recorded with the other one being found way back in 1979 in the
[02:37.960 --> 02:39.960]  East Pacific Ocean.
[02:39.960 --> 02:45.960]  In the paper, the shark secretes a luminous fluid from a gland near its front fins for
[02:45.960 --> 02:53.960]  the purpose it is hypothesized to lure and prey who may be drawn into the glow.
[02:53.960 --> 03:16.960]  This is Book Roadie with your lowdown for July 22, 2019.
[03:16.960 --> 03:25.960]  Well, I received my remedy today, came in the box just like the snake, I accepted it
[03:25.960 --> 03:31.960]  for fire right away, it's not too long, not later.
[03:31.960 --> 03:47.960]  Okay, we are back.
[03:47.960 --> 03:50.960]  And we're talking to Tina in California.
[03:50.960 --> 03:52.960]  And okay.
[03:52.960 --> 04:01.960]  Yeah, I'm not going to win.
[04:01.960 --> 04:08.960]  I've helped over 700 people fight for closures and nobody won.
[04:08.960 --> 04:13.960]  Makes absolutely no difference what you file.
[04:13.960 --> 04:17.960]  The courts are going to rule for the banks and that's just all there is to it.
[04:17.960 --> 04:23.960]  You've got a lawyer, you're paying hundreds of thousands of dollars to more money than
[04:23.960 --> 04:30.960]  your property is worth and he can pay off the judge you might within your case but I've
[04:30.960 --> 04:32.960]  never seen it happen.
[04:32.960 --> 04:33.960]  Yeah, I get it.
[04:33.960 --> 04:37.960]  So I won't waste your time because I know you've got a lot more people to go but I do
[04:37.960 --> 04:43.960]  want to tell you what I found out about the California Privacy Act, the new one that came
[04:43.960 --> 04:44.960]  in.
[04:44.960 --> 04:47.960]  I finally got hold of one of those attorneys.
[04:47.960 --> 04:52.960]  I told them I wasn't going to give up like Churchill said, never ever give up.
[04:52.960 --> 04:59.960]  And I got his personal cell phone, his personal email, he talked to me for about 45 minutes
[04:59.960 --> 05:13.960]  and he said that law is only really applicable to companies that sell your information to
[05:13.960 --> 05:20.960]  other companies so it's not really for banks or mortgage services but it's for people like
[05:20.960 --> 05:26.960]  Google and other companies that sell your information.
[05:26.960 --> 05:34.960]  Well it may apply to banks because they probably sell your information as well.
[05:34.960 --> 05:36.960]  That could be true.
[05:36.960 --> 05:43.960]  I'm trying to get out of them a questionnaire if they've got a letter that they can send
[05:43.960 --> 05:51.960]  to companies to ask if they're abiding by the law and how they're sorting our information.
[05:51.960 --> 05:55.960]  If I can get that and we'll share it with everybody.
[05:55.960 --> 06:00.960]  For those in California who would like to sort of go after this because as they said,
[06:00.960 --> 06:07.960]  if you do not have to have a data breach, if they are not complying with this law,
[06:07.960 --> 06:09.960]  you can go after them.
[06:09.960 --> 06:15.960]  So I'm still trying to find out more but that's what I found out so far for it.
[06:15.960 --> 06:20.960]  Well you might look at something, have you looked at GDPR?
[06:20.960 --> 06:23.960]  GDPR, what is that?
[06:23.960 --> 06:28.960]  That's another acronym that Randy loves.
[06:28.960 --> 06:37.960]  It is a privacy, there are several different standards for privacy and this is one that's
[06:37.960 --> 06:44.960]  really big in Europe right now and the bottom line of it is that anybody can say,
[06:44.960 --> 06:46.960]  I want you to forget about me.
[06:46.960 --> 06:51.960]  I want everything that's in your system about me to be gone.
[06:51.960 --> 07:04.960]  And because corporations have to be able to do that for European Union people,
[07:04.960 --> 07:06.960]  they have to do it.
[07:06.960 --> 07:10.960]  They have to provide ways for their system to do that.
[07:10.960 --> 07:15.960]  So you might look into whether that's possible to be forgotten.
[07:15.960 --> 07:21.960]  That's their term for it is to be forgotten means just to wipe me out of your system.
[07:21.960 --> 07:23.960]  I don't want an account.
[07:23.960 --> 07:27.960]  I don't want you to have any information about me.
[07:27.960 --> 07:31.960]  And anybody that has to set up their system to comply with those rules,
[07:31.960 --> 07:35.960]  maybe they have some dealings with EU citizens or something.
[07:35.960 --> 07:42.960]  So then they have to set up their system to allow that functionality of completely deleting somebody.
[07:42.960 --> 07:45.960]  Anyway, just might be worth looking into.
[07:45.960 --> 07:51.960]  I know California has a lot of weird business that are particular to California.
[07:51.960 --> 07:55.960]  Oh, and speaking of, I looked up the requests for admissions in California for you.
[07:55.960 --> 08:00.960]  It is in the California Codes Code of Civil Procedure.
[08:00.960 --> 08:07.960]  It is section 2033 and you'll see it talks about requests for admissions.
[08:07.960 --> 08:16.960]  It says Title IV, Chapter 16, and it talks about how the response needs to come within 30 days.
[08:16.960 --> 08:17.960]  Here's what has to happen.
[08:17.960 --> 08:19.960]  Here's the effect if they don't.
[08:19.960 --> 08:21.960]  Are they allowed to withdraw?
[08:21.960 --> 08:22.960]  A manned?
[08:22.960 --> 08:23.960]  Timeframes, all of that.
[08:23.960 --> 08:29.960]  It will tell you how you need to structure your requests for admission in California.
[08:29.960 --> 08:30.960]  Okay.
[08:30.960 --> 08:32.960]  Section 2033.
[08:32.960 --> 08:37.960]  It's written down 2033. Wonderful. I will take a look at that.
[08:37.960 --> 08:45.960]  And I'll keep you informed on everything I find out on this new privacy act because I think it's going to be pretty big in California
[08:45.960 --> 08:53.960]  because everybody's selling data to everybody and it's becoming a mess.
[08:53.960 --> 08:57.960]  It's been my experience that California is a mess.
[08:57.960 --> 09:08.960]  I went to a manufacturer here in Texas and told him that I'm working on a project where I need a central facility,
[09:08.960 --> 09:17.960]  but I'll also need satellite facilities to manufacture the product in different parts of the country like the east coast, the west coast.
[09:17.960 --> 09:19.960]  He said, I'm not going to California.
[09:19.960 --> 09:22.960]  I'm not setting up any business in California.
[09:22.960 --> 09:25.960]  And I said, I don't blame you.
[09:25.960 --> 09:35.960]  I wouldn't either. California seems to be going out of their way to push as much business out of California as they possibly can.
[09:35.960 --> 09:41.960]  And I look for California to have themselves a major crash.
[09:41.960 --> 09:47.960]  So I don't want anything to do with California.
[09:47.960 --> 09:56.960]  I'm sorry. I'm kind of feeling that way myself, but my partner wants to be here and I've got to go cooking at a Valentine's dinner right now.
[09:56.960 --> 09:58.960]  But I'm running late.
[09:58.960 --> 10:02.960]  I'm cooking lots of melon and loin.
[10:02.960 --> 10:05.960]  Family is important.
[10:05.960 --> 10:06.960]  Yes.
[10:06.960 --> 10:09.960]  Thank you everyone for all your wonderful help.
[10:09.960 --> 10:15.960]  I'll keep listening for a little while while I finish dinner and I'll let you go to other colors.
[10:15.960 --> 10:17.960]  Okay. Thank you, Tina.
[10:17.960 --> 10:20.960]  Now we're going to go to Yuma, Arizona.
[10:20.960 --> 10:24.960]  Who do I know in Yuma, Arizona?
[10:24.960 --> 10:28.960]  Could it be bad grandma?
[10:28.960 --> 10:31.960]  Yes, it could.
[10:31.960 --> 10:34.960]  Hello.
[10:34.960 --> 10:35.960]  Hello, Miss Leslie.
[10:35.960 --> 10:39.960]  How is it going in Arizona?
[10:39.960 --> 10:43.960]  Oh, it's going swimmingly.
[10:43.960 --> 10:50.960]  We've been talking about, the last couple of times I was on, we were talking about arbitration awards.
[10:50.960 --> 10:58.960]  And in the Federal Arbitration Act, there is under Subsection 10.
[10:58.960 --> 11:08.960]  It says that in any of the following cases, the United States Court, in and for the district, wherein the award was made,
[11:08.960 --> 11:14.960]  may make in order vacating the award upon the application of any party to the arbitration,
[11:14.960 --> 11:24.960]  where the award was procured by corruption, fraud, partiality, corruption, et cetera, misconduct.
[11:24.960 --> 11:31.960]  Now, the important thing to look at is in and for the district, wherein the award was made.
[11:31.960 --> 11:33.960]  That's where I'm hanging up.
[11:33.960 --> 11:40.960]  In my case, the award was made in the Eastern District of California.
[11:40.960 --> 11:52.960]  I went to confirm it in the District of Arizona, and the opposition filed a motion to vacate.
[11:52.960 --> 11:58.960]  Well, I tried to tell them they were in the wrong jurisdiction for that, and they wouldn't listen.
[11:58.960 --> 12:00.960]  They vacated the award.
[12:00.960 --> 12:05.960]  They didn't prove fraud. They didn't list any elements of fraud.
[12:05.960 --> 12:15.960]  And then they sanctioned me for even filing for confirmation and sanctioned my dear attorney, 10% of mine, my sanction.
[12:15.960 --> 12:22.960]  And the amount of what they're trying to collect is $38,000.
[12:22.960 --> 12:40.960]  And they told them, the other attorney, that he had to put in a billing spreadsheet 14 days after the date of the order.
[12:40.960 --> 12:45.960]  So it was due the 26th of December, which is the day after Christmas.
[12:45.960 --> 12:51.960]  They didn't file it until the day before New Year's Eve, which is currently.
[12:51.960 --> 12:56.960]  So, of course, I put in objections to everything, and the judge hasn't ruled on that.
[12:56.960 --> 13:04.960]  In the meantime, a case comes up in Texas, and they bring my case into it.
[13:04.960 --> 13:10.960]  And it's in Tarrant County. Do you know of Judge O'Connor?
[13:10.960 --> 13:18.960]  No, but I will be in Tarrant County early next week. I could look up Judge O'Connor.
[13:18.960 --> 13:21.960]  He's in the district court there.
[13:21.960 --> 13:33.960]  And what happened was this woman had an award that she put in for as a foreign judgment or as just a miscellaneous filing.
[13:33.960 --> 13:40.960]  I don't, I'm not sure which, but she put it in and she let it sit for three days, and then she was going to close the case.
[13:40.960 --> 13:50.960]  The reason they do that, and people are told to do that by some of these websites, because it gives you the opportunity to, quote,
[13:50.960 --> 13:59.960]  serve the opposition without actually serving the opposition, that as long as it's filed in the public record, and that should be enough.
[13:59.960 --> 14:20.960]  So, instead of letting her dismiss the case, the judge says, no, I want answers. And he demanded, he wrote an order that the other parties respond to this award.
[14:20.960 --> 14:34.960]  Now, he set a hearing date for January 9th. But in the meantime, he took this woman's pacer count away so she couldn't see what was being filed.
[14:34.960 --> 14:45.960]  And nobody told her about the hearing. So that comes time for the hearing. Of course, she didn't show up. She didn't know about it.
[14:45.960 --> 14:49.960]  Wait a minute. Is this a federal case?
[14:49.960 --> 14:55.960]  Read whom, Senator?
[14:55.960 --> 15:05.960]  And then when she didn't appear, the judge put out the following order. Just reading the highlighted part. The hearing at which high and pressly.
[15:05.960 --> 15:13.960]  Pressly is the arbitrator. Our ordered to appear shall take place, you know, on February 13th.
[15:13.960 --> 15:21.960]  And it says the failure of pressly or high to appear as directed by this order may result in arrest.
[15:21.960 --> 15:28.960]  Here she was never told about the hearing. And they're saying she's going to arrest her. They served her by U.S. Marshall.
[15:28.960 --> 15:33.960]  And she did go to the hearing that was yesterday.
[15:33.960 --> 15:48.960]  The problem I have with this order is that there is no jurisdiction for this court to hear any motions regarding this award because this award was created in the Eastern District of California.
[15:48.960 --> 15:52.960]  Did they file a subject matter jurisdiction challenge?
[15:52.960 --> 15:55.960]  No.
[15:55.960 --> 16:02.960]  They certainly need to do so and they still can because you can file a subject matter jurisdiction at any time.
[16:02.960 --> 16:07.960]  Good. I'm going to tell her to do that. I was really upset about that.
[16:07.960 --> 16:16.960]  And how can they force a man living in California to appear in Texas?
[16:16.960 --> 16:24.960]  Well, it depends if he has minimum contacts with Texas under international shoe.
[16:24.960 --> 16:31.960]  If he's taken any actions in Texas.
[16:31.960 --> 16:40.960]  Now, the law that was created in Texas in California, the hearing and all of that stuff has to be in California.
[16:40.960 --> 16:44.960]  Yeah, there needs to be a subject matter jurisdiction challenge.
[16:44.960 --> 16:58.960]  Or if the suit was filed in Texas and jurisdiction was actually in California, there should have been a petition for change of venue.
[16:58.960 --> 17:03.960]  Is this?
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[18:04.960 --> 18:06.960]  In today's America, we live in an us against them society.
[18:06.960 --> 18:11.960]  And if we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights.
[18:11.960 --> 18:16.960]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[18:16.960 --> 18:18.960]  and most importantly, the right to due process of law.
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[19:00.960 --> 19:04.960]  You are listening to the Logos Radio Network.
[19:04.960 --> 19:09.960]  LogosRadioNetwork.com
[19:09.960 --> 19:14.960]  Well, don't let nothing get to you.
[19:14.960 --> 19:17.960]  Only the father can deliver you.
[19:17.960 --> 19:23.960]  Okay, we are back.
[19:23.960 --> 19:32.960]  Randy Kelton, Red Fountain Rule of Law Radio on this Friday, the 14th day of February, 2020.
[19:32.960 --> 19:36.960]  And we're talking to Leslie in Arizona.
[19:36.960 --> 19:41.960]  And oops, I hit the wrong mute. Hold on, Leslie.
[19:41.960 --> 19:43.960]  There we go.
[19:43.960 --> 19:45.960]  Okay.
[19:45.960 --> 19:52.960]  The interesting thing about this order that came from the court that led to yesterday's hearing
[19:52.960 --> 20:00.960]  was that they brought my case in and two other cases and invited the attorneys opposing the awards
[20:00.960 --> 20:06.960]  to enter also documents into this case in Texas.
[20:06.960 --> 20:09.960]  And amicus curae.
[20:09.960 --> 20:10.960]  Right.
[20:10.960 --> 20:18.960]  So, of course, they did. The attorneys from my case did and the attorneys for one of the other cases did.
[20:18.960 --> 20:24.960]  Now, the other thing is that we were for saying, you know, what's going on here?
[20:24.960 --> 20:37.960]  And I told, you know, you think, you know, these people, I hope they go with a criminal defense attorney from the way this order was written.
[20:37.960 --> 20:42.960]  Well, I got a call after the courthouse.
[20:42.960 --> 20:46.960]  The court was done. Somebody I knew was in that courtroom.
[20:46.960 --> 20:49.960]  And they called me as soon as the case was over.
[20:49.960 --> 20:54.960]  And they said, I thought it was a bad thing when she got that order and it was served on her.
[20:54.960 --> 20:57.960]  He said, but it's a good thing. And I said, what makes you say that?
[20:57.960 --> 21:04.960]  He said, because when she got up on the stand, they had a U.S. Marshal standing next to her.
[21:04.960 --> 21:10.960]  They had one standing behind me because they didn't know who I was.
[21:10.960 --> 21:17.960]  And the judge trounced on her for half an hour, asking her all kinds of questions.
[21:17.960 --> 21:27.960]  And then when she answered them as politely as she could and the things that were regarding the arbitration itself, she says, that you have to ask the arbitrator.
[21:27.960 --> 21:29.960]  I don't know, you know.
[21:29.960 --> 21:34.960]  And then after that, the attorney started in on her.
[21:34.960 --> 21:36.960]  There were two different attorneys.
[21:36.960 --> 21:45.960]  And from what I was told, the attorney said, well, there has to be something that they're doing against the law.
[21:45.960 --> 21:48.960]  They broke a law somewhere here.
[21:48.960 --> 22:03.960]  And they demanded to have her PayPal account password and username and they demanded to have her arbitrator's website, which is a paid website, password and username.
[22:03.960 --> 22:07.960]  So she's going to go see it and she was given five days to get them to the attorney.
[22:07.960 --> 22:16.960]  And the judge told the attorney that when you get that password, you go in there and you nose around and you find out everything you can.
[22:16.960 --> 22:19.960]  Can you believe that?
[22:19.960 --> 22:31.960]  She needs to file a subject matter jurisdiction challenge and a petition for written mandamus to stay any proceedings.
[22:31.960 --> 22:34.960]  That sounds like a search warrant kind of issue.
[22:34.960 --> 22:39.960]  Somebody needs to be able to expect that they're going to be secure in their persons and in their papers.
[22:39.960 --> 22:42.960]  That includes their electronic accounts.
[22:42.960 --> 22:52.960]  We shouldn't have that violated with no search warrant based on affidavit of probable cause or something that's a crime that's, and they know what they expect to find.
[22:52.960 --> 23:02.960]  Not go nosing around fishing expedition, but actual crime and a suspicion of what it's supposed to be that they're looking for.
[23:02.960 --> 23:04.960]  I know exactly what they're looking for.
[23:04.960 --> 23:21.960]  They're looking to see if she had a business relationship with the arbitrator prior to her getting an award to show some kind of prejudice or bias, collusion or whatever.
[23:21.960 --> 23:24.960]  They're looking for fraud anyway they can find it.
[23:24.960 --> 23:37.960]  But they're not allowed to go looking for that would be fishing expedition. That's an abuse. That's asking the person compelling someone to give evidence against themself.
[23:37.960 --> 23:41.960]  We have protections for that. That's not okay.
[23:41.960 --> 23:44.960]  Exactly. Exactly.
[23:44.960 --> 23:57.960]  Okay. How did this judge, I'm not sure what the standing of the woman is in the court.
[23:57.960 --> 24:04.960]  How did the judge bring her to this stand?
[24:04.960 --> 24:09.960]  By serving her with a warrant to appear.
[24:09.960 --> 24:11.960]  Is this a criminal case?
[24:11.960 --> 24:13.960]  No.
[24:13.960 --> 24:22.960]  But there's a criminal prosecutor. The criminal prosecutor is involved now because they're trying to prove fraud.
[24:22.960 --> 24:28.960]  So she should file criminal charges against the judge for official oppression.
[24:28.960 --> 24:32.960]  Why, goodness.
[24:32.960 --> 24:37.960]  Now there's another federal. Is this in Dallas or in Fort Worth?
[24:37.960 --> 24:39.960]  Fort Worth.
[24:39.960 --> 24:41.960]  Fort Worth.
[24:41.960 --> 24:46.960]  I think there's only two federal judges in Fort Worth and the other ones McBride.
[24:46.960 --> 24:50.960]  And I have filed criminal charges against McBride.
[24:50.960 --> 24:54.960]  Well, this is O'Connor. This is the other guy.
[24:54.960 --> 24:56.960]  He needs some too.
[24:56.960 --> 24:58.960]  Read O'Connor.
[24:58.960 --> 25:03.960]  Yes.
[25:03.960 --> 25:18.960]  You file criminal complaints against McO'Connor with the special agent in charge accusing the judge of official oppression or official misconduct
[25:18.960 --> 25:26.960]  and get the special agent in charge at least call him and talk to him and want to know what's going on.
[25:26.960 --> 25:28.960]  The judge will not like that one little bit.
[25:28.960 --> 25:34.960]  Having a bailiff stand behind a witness, that's witness tampering.
[25:34.960 --> 25:38.960]  That's deliberately there to intimidate the witness.
[25:38.960 --> 25:46.960]  Exactly. Two U.S. Marshals, not just one. Two.
[25:46.960 --> 25:49.960]  Yeah, they were intimidating.
[25:49.960 --> 25:54.960]  They really tried, went back over backwards to intimidate.
[25:54.960 --> 26:01.960]  Well, that courthouse in Fort Worth is in the state of Texas.
[26:01.960 --> 26:12.960]  And in the state of Texas, when someone straps a pistol on their hip, they have to really be careful.
[26:12.960 --> 26:20.960]  If I felt threatened by the U.S. Marshall in the federal court at the direction of the judge,
[26:20.960 --> 26:28.960]  I would be prone to file first-degree felony aggravated assault charges against the judge in the state.
[26:28.960 --> 26:32.960]  First-degree felony in the state.
[26:32.960 --> 26:43.960]  Aggravated assault, 2202 B2A, Texas Penal Code.
[26:43.960 --> 26:47.960]  Okay, I got to get more paper.
[26:47.960 --> 26:51.960]  Look that one up and read it very carefully.
[26:51.960 --> 26:55.960]  Okay.
[26:55.960 --> 26:57.960]  Okay.
[26:57.960 --> 27:14.960]  If this woman was not under arrest and she had no history of violence to have two U.S. Marshals
[27:14.960 --> 27:21.960]  stand behind her while she testified, both of them displaying deadly weapons.
[27:21.960 --> 27:25.960]  That's witness tampering.
[27:25.960 --> 27:27.960]  And...
[27:27.960 --> 27:31.960]  Witness tampering and first-degree felony assault?
[27:31.960 --> 27:42.960]  First-degree felony aggravated assault against the judge.
[27:42.960 --> 27:48.960]  And file that with a local magistrate.
[27:48.960 --> 27:54.960]  Or take it directly to the grand jury.
[27:54.960 --> 28:00.960]  We can talk about that off the air to take a while to explain the whole procedure.
[28:00.960 --> 28:07.960]  But they will argue that it's a federal issue and you'll argue that it's no such thing.
[28:07.960 --> 28:12.960]  The federal courthouse has not been ceded to the federal government.
[28:12.960 --> 28:16.960]  Therefore, it belongs to the state.
[28:16.960 --> 28:19.960]  Or it is in this state.
[28:19.960 --> 28:33.960]  And if a crime is committed on federal lands that have not been ceded to the state, to the federal government by the state, then the state has jurisdiction.
[28:33.960 --> 28:40.960]  You ever heard of the movie Presidio with Sean Connery?
[28:40.960 --> 28:42.960]  No.
[28:42.960 --> 28:49.960]  It's about a murder on the Marine base in San Diego.
[28:49.960 --> 28:51.960]  Okay.
[28:51.960 --> 29:00.960]  And the San Diego County Sheriff is the one that had jurisdiction to investigate.
[29:00.960 --> 29:09.960]  The movies about the sheriff used to be an MP with under Sean Connery.
[29:09.960 --> 29:12.960]  Now he's out of the military and he's the sheriff.
[29:12.960 --> 29:20.960]  And there's a murder on the base and the sheriff comes in and investigates because that property was not ceded to the federal government.
[29:20.960 --> 29:22.960]  The state still has jurisdiction.
[29:22.960 --> 29:25.960]  Same thing with that federal courthouse.
[29:25.960 --> 29:33.960]  The state has jurisdiction over penal crimes, not the fed.
[29:33.960 --> 29:35.960]  Okay.
[29:35.960 --> 29:47.960]  So get the federal judge answering to the local police while he has people with guns threatening witnesses.
[29:47.960 --> 29:49.960]  Hang on.
[29:49.960 --> 29:55.960]  I have to go to our sponsors, Landy Kelton, Brett Fouton, Boulevard Radio.
[29:55.960 --> 30:02.960]  I'll call in number 512-646-1984. We'll be right.
[30:02.960 --> 30:05.960]  Shhh. Keep your voice down.
[30:05.960 --> 30:12.960]  The government now has Russian technology that matches identities to voices so it can tell who's doing the talking.
[30:12.960 --> 30:16.960]  Hi, Dr. Kaepernald Brett. Back to tell you how it works after this.
[30:16.960 --> 30:18.960]  Privacy is under attack.
[30:18.960 --> 30:21.960]  If you give up data about yourself, you'll never get it back again.
[30:21.960 --> 30:26.960]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.960 --> 30:28.960]  So protect your rights.
[30:28.960 --> 30:32.960]  Say no to surveillance and keep your information to yourself.
[30:32.960 --> 30:34.960]  Privacy, it's worth hanging on to.
[30:34.960 --> 30:41.960]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:41.960 --> 30:44.960]  Start over with StartPage.
[30:44.960 --> 30:53.960]  Since 2001, when the Patriot Act opened the doors to electronic surveillance, Big Brother has gone crazy vacuuming up all of our data.
[30:53.960 --> 30:58.960]  Now it has a new tactic, courtesy of our former communist allies, the Russians.
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[31:11.960 --> 31:14.960]  How long does it take for a match? Three seconds.
[31:14.960 --> 31:17.960]  So watch what you say on the phone, comrades.
[31:17.960 --> 31:21.960]  Whether you say your name or not, Big Brother may know who's talking.
[31:21.960 --> 31:30.960]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:30.960 --> 31:32.960]  I lost my son.
[31:32.960 --> 31:33.960]  My uncle.
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[31:39.960 --> 31:40.960]  My uncle.
[31:40.960 --> 31:43.960]  The 47-story skyscraper was not hit by a plane.
[31:43.960 --> 31:47.960]  Although the official explanation is that fire brought down Building 7,
[31:47.960 --> 31:51.960]  over 1,200 architects and engineers have looked into the evidence,
[31:51.960 --> 31:53.960]  and believe there is more to the story.
[31:53.960 --> 31:54.960]  Bring justice to my son.
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[31:57.960 --> 31:58.960]  Go to building what.org.
[31:58.960 --> 32:01.960]  Why it fell, why it matters, and what you can do.
[32:01.960 --> 32:06.960]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:06.960 --> 32:11.960]  Scripture Talk with Nana will begin Wednesday, January 8th, from 8 to 10 p.m.
[32:11.960 --> 32:12.960]  Central Time.
[32:12.960 --> 32:15.960]  Our goal is in accord with Matthew 5.16.
[32:15.960 --> 32:19.960]  Let your light so shine before men that they may see your good works
[32:19.960 --> 32:22.960]  and glorify your Father which is in heaven.
[32:22.960 --> 32:27.960]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:27.960 --> 32:30.960]  Join Nana and guests for both verse by verse Bible studies
[32:30.960 --> 32:35.960]  and topical Bible studies designed to provoke unto love and good works.
[32:35.960 --> 32:39.960]  Our verse by verse Bible studies will begin in the book of Matthew
[32:39.960 --> 32:41.960]  where we will discuss one chapter per week.
[32:41.960 --> 32:44.960]  Our topical Bible studies will vary each week
[32:44.960 --> 32:48.960]  and will explore sound doctrine as well as Christian character development.
[32:48.960 --> 32:53.960]  So mark your calendar and join us live on LogosRadioNetwork.com
[32:53.960 --> 32:57.960]  Wednesdays from 8 to 10 p.m. starting January 8th
[32:57.960 --> 33:01.960]  for an inspiring and motivating discussion of the Scriptures.
[33:01.960 --> 33:04.960]  Live, free speech radio.
[33:04.960 --> 33:07.960]  LogosRadioNetwork.com
[33:34.960 --> 33:47.960]  Okay, we are back.
[33:47.960 --> 33:51.960]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[33:51.960 --> 33:56.960]  And we're talking to Leslie in Yuma.
[33:56.960 --> 34:01.960]  Leslie, can you send me the cause number for this case?
[34:01.960 --> 34:05.960]  I will be in Fort Worth early next week.
[34:05.960 --> 34:11.960]  I'll take the little jaunt by the federal courthouse and have a look at the case.
[34:11.960 --> 34:16.960]  It's in your Skype. The docket and everything.
[34:16.960 --> 34:18.960]  Okay, okay, good, good.
[34:18.960 --> 34:20.960]  Oh, that's right.
[34:20.960 --> 34:25.960]  Is that you that I downloaded that from this morning?
[34:25.960 --> 34:28.960]  Okay, then I have it.
[34:28.960 --> 34:31.960]  Then I will look at that.
[34:31.960 --> 34:41.960]  My concern is that the judge had two U.S. marshals standing behind a witness.
[34:41.960 --> 34:48.960]  So I'm going to go sit in his court and see if I get a U.S. marshals standing behind me.
[34:48.960 --> 34:50.960]  Yeah.
[34:50.960 --> 34:54.960]  If he happens to be having court.
[34:54.960 --> 34:56.960]  Yeah.
[34:56.960 --> 35:06.960]  I also sent you some other documents that were recently filed into my case by people that I the people that the man that
[35:06.960 --> 35:12.960]  originated the type of contract that I had.
[35:12.960 --> 35:17.960]  And he put in a pleading defending my contract.
[35:17.960 --> 35:24.960]  Because they tried to say it was a bunch of gobbledygook and everything and he he went down the whole line on it and he was.
[35:24.960 --> 35:30.960]  When I showed it to Jeremy, he couldn't believe how well it was written.
[35:30.960 --> 35:32.960]  It was really, really good.
[35:32.960 --> 35:36.960]  So I'm I still have not done with my case.
[35:36.960 --> 35:38.960]  They vacated the order.
[35:38.960 --> 35:41.960]  But as you know, they don't have jurisdiction anyway.
[35:41.960 --> 35:46.960]  So it doesn't matter whether I put in a motion to appeal a notice of appeal now or not.
[35:46.960 --> 35:51.960]  I can just wait as long as I have to and then do it.
[35:51.960 --> 35:57.960]  If they set on their horses and forgot about me, then I'll do it again.
[35:57.960 --> 36:00.960]  Oh, you know what I might do?
[36:00.960 --> 36:13.960]  If the judge doesn't have jurisdiction and I can show that I'll ask the U.S. marshals to arrest the judge.
[36:13.960 --> 36:16.960]  Oh, I'd like that.
[36:16.960 --> 36:21.960]  That'll probably get me beaten into unconsciousness.
[36:21.960 --> 36:28.960]  Oh, don't get hurt.
[36:28.960 --> 36:31.960]  I would definitely look at that.
[36:31.960 --> 36:34.960]  This is when I go down there.
[36:34.960 --> 36:39.960]  If I make it out of the county court.
[36:39.960 --> 36:46.960]  After I get done hammering their prosecutor there over my niece.
[36:46.960 --> 36:50.960]  She was arrested for failure to identify.
[36:50.960 --> 36:52.960]  She was a passenger in a car.
[36:52.960 --> 36:56.960]  She identified herself as Christie Miller.
[36:56.960 --> 37:01.960]  And then she found her driver's license that had fell behind a ripped place in her purse.
[37:01.960 --> 37:05.960]  And her name was actually Christine Miller.
[37:05.960 --> 37:09.960]  So they arrested her for failure to identify.
[37:09.960 --> 37:11.960]  It's still wrong.
[37:11.960 --> 37:15.960]  Boys, we got ourselves a problem.
[37:15.960 --> 37:17.960]  Yeah.
[37:17.960 --> 37:18.960]  Yeah.
[37:18.960 --> 37:23.960]  Unless my, unless my niece didn't tell me everything.
[37:23.960 --> 37:26.960]  That happens on occasion.
[37:26.960 --> 37:28.960]  Yeah, that's true.
[37:28.960 --> 37:29.960]  That happens.
[37:29.960 --> 37:34.960]  But this, this looks pretty straightforward.
[37:34.960 --> 37:35.960]  Okay.
[37:35.960 --> 37:39.960]  So I'm going to, with my case, I'm going to let it finish out.
[37:39.960 --> 37:45.960]  Let them put in all the where as is in where for us and close it up and let everybody sit back and relax.
[37:45.960 --> 37:46.960]  And then I'll hit them.
[37:46.960 --> 37:52.960]  Yeah, I'm going to feel.
[37:52.960 --> 37:57.960]  We don't call you bad grandma for nothing.
[37:57.960 --> 37:59.960]  And they'll, they'll think twice.
[37:59.960 --> 38:01.960]  Now see, they got 38,000.
[38:01.960 --> 38:11.960]  Now think of it, Randy, the only bank account in my name has my social security check going into it.
[38:11.960 --> 38:13.960]  How are they going to get 38,000 from that?
[38:13.960 --> 38:16.960]  You've seen my trailer.
[38:16.960 --> 38:19.960]  Yeah.
[38:19.960 --> 38:23.960]  Well, a good chance this is not going to stand anyway.
[38:23.960 --> 38:24.960]  Yeah.
[38:24.960 --> 38:25.960]  Yeah.
[38:25.960 --> 38:26.960]  I'm hoping.
[38:26.960 --> 38:27.960]  I'm hoping.
[38:27.960 --> 38:36.960]  I only, I only afford it because of Jeremy because they told him he had to pay 10% and he's got nine kids or whatever.
[38:36.960 --> 38:41.960]  So anyway, how's your mother doing?
[38:41.960 --> 38:42.960]  Okay.
[38:42.960 --> 38:44.960]  Oh, she's doing real good.
[38:44.960 --> 38:47.960]  I'm back in Tennessee.
[38:47.960 --> 38:48.960]  Okay.
[38:48.960 --> 38:54.960]  We took the doctor recently and her blood pressure is 110 over 70.
[38:54.960 --> 39:00.960]  The doctor said she's going to outlive all of us.
[39:00.960 --> 39:04.960]  I told her that mom, you're not ever going to die.
[39:04.960 --> 39:06.960]  You're way too honoree for that.
[39:06.960 --> 39:11.960]  Somebody will have to tell you, but we're all getting too old for that.
[39:11.960 --> 39:13.960]  So what can we do?
[39:13.960 --> 39:18.960]  She's doing pretty good.
[39:18.960 --> 39:25.960]  All right then, I just wanted to run that by you and keep you updated as to what was going on in these cases.
[39:25.960 --> 39:26.960]  Okay.
[39:26.960 --> 39:27.960]  Hey, thank you.
[39:27.960 --> 39:33.960]  And I'll look at that documentation and take it with me when I go to court.
[39:33.960 --> 39:36.960]  Go to Fort Worth this coming week.
[39:36.960 --> 39:37.960]  Okay.
[39:37.960 --> 39:40.960]  And I'll give you a report.
[39:40.960 --> 39:41.960]  Okay.
[39:41.960 --> 39:42.960]  Thank you, Miss Leslie.
[39:42.960 --> 39:49.960]  I'm going to go to Larry in Arizona as soon as my page refreshes.
[39:49.960 --> 39:50.960]  Hello, Larry.
[39:50.960 --> 39:53.960]  What do you have for us today?
[39:53.960 --> 39:54.960]  Good evening, Randy.
[39:54.960 --> 39:57.960]  And, Brett, okay.
[39:57.960 --> 40:04.960]  I talked to you a couple of months ago about the tax foreclosure on my property.
[40:04.960 --> 40:08.960]  And he told me to file some criminal complaints.
[40:08.960 --> 40:20.960]  So I filed a complaint right after Christmas with the special agent in charge on the county tax assessor and his deputy assessors.
[40:20.960 --> 40:27.960]  Now the tax assessor himself resigned last week.
[40:27.960 --> 40:28.960]  I had to.
[40:28.960 --> 40:31.960]  Well, you shouldn't have been so hard on him.
[40:31.960 --> 40:33.960]  What's that?
[40:33.960 --> 40:36.960]  You shouldn't have been so hard on him.
[40:36.960 --> 40:39.960]  Well, I guess that's another question I have for you.
[40:39.960 --> 40:46.960]  How do I know if the FBI had any contact with him?
[40:46.960 --> 40:51.960]  Am I allowed to ask the FBI for a report on what's going on?
[40:51.960 --> 40:52.960]  Yes.
[40:52.960 --> 40:57.960]  You're an interested party here.
[40:57.960 --> 41:03.960]  Even if you weren't, a police report is not private.
[41:03.960 --> 41:11.960]  What they will claim is they can hold it if there's an ongoing investigation.
[41:11.960 --> 41:16.960]  If they don't claim there's an ongoing investigation, then you have to see the report.
[41:16.960 --> 41:25.960]  If there is no report, then you can file against the special agent in charge.
[41:25.960 --> 41:27.960]  Okay.
[41:27.960 --> 41:36.960]  But there is a difficulty here in that this is a state actor that you're filing against with the Fed.
[41:36.960 --> 41:42.960]  How did you get to a federal crime against a state actor?
[41:42.960 --> 41:59.960]  Because I've done my land patent paperwork and I'm saying that the tax assessor by trying to assess me taxes is impairing my contract with the United States of America.
[41:59.960 --> 42:08.960]  And that would be forbidden by Article 1, Section 10 of the United States Constitution.
[42:08.960 --> 42:12.960]  Okay.
[42:12.960 --> 42:20.960]  I guess that land patent would be construed as a contract with the state.
[42:20.960 --> 42:24.960]  I mean, with the federal government.
[42:24.960 --> 42:26.960]  If it were taxes, it would be with the state.
[42:26.960 --> 42:29.960]  But any other state, it would be with the federal government.
[42:29.960 --> 42:32.960]  That is a good argument.
[42:32.960 --> 42:57.960]  Okay. And this case would versus love it, they said, and this was U.S. Supreme Court, they said the state tax deed, they said a state tax deed extinguishes the grants contract and therefore is forbidden and protected by Article 1, Section 10.
[43:03.960 --> 43:11.960]  Okay. How long ago did you file with the special agent?
[43:11.960 --> 43:17.960]  On the return receipt card, he got it on December 26.
[43:17.960 --> 43:19.960]  That's plenty of time.
[43:19.960 --> 43:26.960]  Put in a request for any investigative reports.
[43:26.960 --> 43:30.960]  Oh, wait a minute. There's another way to do this.
[43:30.960 --> 43:50.960]  Any vouchers by any special agents for time spent investigating this particular complaint, put that into whoever does the accounting for the FBI.
[43:50.960 --> 43:53.960]  Hang on. About to go to our sponsors.
[43:53.960 --> 43:55.960]  We'll pick this up on the other side.
[43:55.960 --> 43:59.960]  We'll be right back.
[43:59.960 --> 44:04.960]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[44:48.960 --> 44:56.960]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[44:56.960 --> 44:59.960]  To learn how to stop debt collectors now.
[44:59.960 --> 45:03.960]  Are you the plaintiff or defendant in a lawsuit?
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[45:51.960 --> 46:00.960]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-E-Z.
[46:21.960 --> 46:36.960]  Okay, we are back.
[46:36.960 --> 46:43.960]  Randy Kelton, Brett Felton, Rule of Law Radio, and we're talking to Larry in Arizona.
[46:43.960 --> 46:48.960]  And only to break, Brett and I were kind of kicking this around.
[46:48.960 --> 47:01.960]  If you ask for an investigation report, they will claim the matter is under investigation and they will throw up all kinds of barriers.
[47:01.960 --> 47:10.960]  But if you ask for payment vouchers, the money is always open.
[47:10.960 --> 47:34.960]  We once caught the San Diego U.S. attorney rubber stamping superseding indictments by requesting the payment voucher for the court reporter for the grand jury on the day of the indictment.
[47:34.960 --> 47:42.960]  And the court reporter came back stating that there was no hearing on that day, so there was no voucher.
[47:42.960 --> 47:45.960]  Gotcha!
[47:45.960 --> 47:54.960]  So, you want to know if the special agent charge actually investigated your claim.
[47:54.960 --> 48:13.960]  So, request the payment vouchers at the time claimed by any special agents for time spent investigating this particular claim.
[48:13.960 --> 48:15.960]  Does that make sense?
[48:15.960 --> 48:17.960]  Yes.
[48:17.960 --> 48:22.960]  Let us dance around that one.
[48:22.960 --> 48:24.960]  Okay.
[48:24.960 --> 48:37.960]  Now, would it be possible for me to either cringe on you or Brett to interpret a paragraph of the Arizona Enabling Act for me sometime?
[48:37.960 --> 48:58.960]  I found a paragraph that's, you know, one sentence like it is and it appears to me that it says that any land that was granted by the United States government is basically exempt from taxation.
[48:58.960 --> 49:04.960]  But it's really convoluted with discussion of the Indian tribes and things like that.
[49:04.960 --> 49:09.960]  And I don't know, I think it's like somebody else's opinion.
[49:09.960 --> 49:10.960]  Okay.
[49:10.960 --> 49:28.960]  When I get large paragraphs like that out of large sentences, especially large paragraphs, the first thing I do is I drop them into word and do a search for period space and replace it with period space new line.
[49:28.960 --> 49:39.960]  And that's a Kara P, upper case six, lower case P. That's the new line code.
[49:39.960 --> 49:42.960]  And then it puts every sentence on a separate line.
[49:42.960 --> 49:46.960]  It makes it a lot easier to break apart.
[49:46.960 --> 49:48.960]  Uh-huh.
[49:48.960 --> 49:56.960]  But it sounds like a good argument and a good way to take on the argument.
[49:56.960 --> 49:58.960]  Okay. And that's the next thing.
[49:58.960 --> 50:02.960]  The foreclosure is supposed to start happening next month.
[50:02.960 --> 50:03.960]  Okay.
[50:03.960 --> 50:04.960]  Let me back up a little bit here.
[50:04.960 --> 50:08.960]  There's four different lean holders against this property.
[50:08.960 --> 50:13.960]  Now, I have sent them a letter, you know, a couple months back.
[50:13.960 --> 50:14.960]  Okay.
[50:14.960 --> 50:15.960]  Okay.
[50:15.960 --> 50:16.960]  Hold on.
[50:16.960 --> 50:17.960]  Lean holders.
[50:17.960 --> 50:24.960]  Are these commercial lean holders or the lean holders concerning taxes?
[50:24.960 --> 50:27.960]  What's that?
[50:27.960 --> 50:32.960]  If they're, they're not taxing agencies.
[50:32.960 --> 50:33.960]  No, no.
[50:33.960 --> 50:34.960]  How did you get lean?
[50:34.960 --> 50:40.960]  How did you get leans against properties when you brought the land patent forward?
[50:40.960 --> 50:45.960]  You shouldn't be able to get a loan against property with a land patent on it.
[50:45.960 --> 50:48.960]  Well, yeah, but this isn't a loan.
[50:48.960 --> 50:53.960]  This is property taxes.
[50:53.960 --> 50:54.960]  That was my question.
[50:54.960 --> 50:58.960]  All of the leans against them are tax links.
[50:58.960 --> 50:59.960]  Oh, yes.
[50:59.960 --> 51:01.960]  They're all all tax links.
[51:01.960 --> 51:02.960]  Okay.
[51:02.960 --> 51:05.960]  So you don't have a commercial entity with a claim.
[51:05.960 --> 51:06.960]  Okay.
[51:06.960 --> 51:07.960]  Oh, no, no.
[51:07.960 --> 51:19.960]  It would seem that if the arguments I've heard about what a title is, you might want to go
[51:19.960 --> 51:27.960]  to the county and have your title removed from the county records.
[51:27.960 --> 51:33.960]  Have you looked into that and tried to talk to the assessor about that and they say that
[51:33.960 --> 51:35.960]  can't happen.
[51:35.960 --> 51:41.960]  And I have not found it in the statutes yet to, to try to have that done.
[51:41.960 --> 51:42.960]  Okay.
[51:42.960 --> 51:47.960]  We have that in Texas.
[51:47.960 --> 51:52.960]  What is the law creating a title?
[51:52.960 --> 51:53.960]  Okay.
[51:53.960 --> 51:59.960]  Give me a little more detail what you're asking me.
[51:59.960 --> 52:07.960]  What, you know, how, by what law do they create a title?
[52:07.960 --> 52:10.960]  I do not know.
[52:10.960 --> 52:17.960]  If there's no law to create one, there should be nothing to stop you from removing one.
[52:17.960 --> 52:24.960]  You can claim that the title was created either improperly or has been invalidated.
[52:24.960 --> 52:29.960]  Because that's generally the purpose of a land patent.
[52:29.960 --> 52:36.960]  Now I'm not the land patent expert, especially not in Arizona law.
[52:36.960 --> 52:43.960]  But as I understand about land patents, it actually moves the land outside the state.
[52:43.960 --> 52:51.960]  It's kind of like ceding the property to you instead of ceding it to the federal government.
[52:51.960 --> 52:58.960]  The land, the title is what gives the state a claim against the property.
[52:58.960 --> 52:59.960]  Yes.
[52:59.960 --> 53:07.960]  I have sent letters to the assessor's office and the treasurer's office multiple times asking for their claim.
[53:07.960 --> 53:18.960]  And they send me back a letter that says, after diligent research, we have no responsive answers to your request for documents.
[53:18.960 --> 53:21.960]  That means there is no claim.
[53:21.960 --> 53:26.960]  Well, that's, that's essentially says there is no claim against your property.
[53:26.960 --> 53:33.960]  This is, this will take someone who's well-versed in patent law.
[53:33.960 --> 53:46.960]  And that's problematic because I've talked to a number of guys who claim to be well-versed in patent law and mostly they're well-versed in patriot mythology.
[53:46.960 --> 54:06.960]  And I don't like that term, but I also don't like the groups out there that read a little bit of law, misinterpret what they read, and then promote other people to do what they haven't done themselves.
[54:06.960 --> 54:13.960]  So what do you know about land patents in Arizona?
[54:13.960 --> 54:21.960]  Well, okay, mine was, mine was issued in 1890 prior to statehood.
[54:21.960 --> 54:27.960]  I, you know, I have the original, I have an original certified copy sitting here.
[54:27.960 --> 54:34.960]  You know, it says it was granted to a Mr. Hannon, his heirs and assigns forever.
[54:34.960 --> 54:45.960]  According to the law I've read, as long as you have a chain of title going from the original owner up to myself.
[54:45.960 --> 54:52.960]  And, and I put in, I've published a due notice, you know, hosted it for 30 days.
[54:52.960 --> 54:55.960]  I've done the acceptance of deed.
[54:55.960 --> 55:06.960]  What is, where is the law supporting the procedures that you've used?
[55:06.960 --> 55:17.960]  The things I found on the internet, things I found in Harvard Law Review and things I got from the state.
[55:17.960 --> 55:22.960]  No, I'm actually, I'm looking for a brief.
[55:22.960 --> 55:28.960]  The state is claiming, is asserting a claim against your property.
[55:28.960 --> 55:33.960]  Where did they get it in law?
[55:33.960 --> 55:49.960]  How can a state exercise sovereignty over properties that have the land patent brought forward?
[55:49.960 --> 55:52.960]  I have no idea.
[55:52.960 --> 55:58.960]  You have to know that.
[55:58.960 --> 56:00.960]  Okay.
[56:00.960 --> 56:03.960]  I'm struggling with how to ask this question.
[56:03.960 --> 56:05.960]  Bail me out here, Brett.
[56:05.960 --> 56:17.960]  What's the right question to ask when a state comes in claims and exerts a claim against your property?
[56:17.960 --> 56:19.960]  I sure don't know.
[56:19.960 --> 56:23.960]  That's beyond scope of anything I know about.
[56:23.960 --> 56:29.960]  Yeah, and a basic concept that if you're trying to, whoever's trying to assert something,
[56:29.960 --> 56:35.960]  you're trying to assert a claim, or it was preved up, show what evidence do you have.
[56:35.960 --> 56:39.960]  But yeah, that's as far as I can take that.
[56:39.960 --> 56:44.960]  This is, this is the story that I've been told over the years.
[56:44.960 --> 56:55.960]  That originally the state granted land patents, but they had a lot of property that wasn't given away in a patent.
[56:55.960 --> 56:58.960]  And they sold that to settlers.
[56:58.960 --> 57:02.960]  But most of the settlers didn't have funds to purchase the property, Brett.
[57:02.960 --> 57:11.960]  So they took a loan against the property from the state.
[57:11.960 --> 57:17.960]  And the state took a lien against their property in the form of the title.
[57:17.960 --> 57:21.960]  So the title is the state's lien against your property.
[57:21.960 --> 57:36.960]  Once the loan was paid off, then you could bring forward the land patent and extinguish the claim against your property in the form of the title.
[57:36.960 --> 57:41.960]  Okay, well, I can tell you, there was no loan on this property.
[57:41.960 --> 57:46.960]  The state of Arizona hadn't been formed when it was granted.
[57:46.960 --> 57:55.960]  And the paperwork I have found said the original grantee, he had done his five years.
[57:55.960 --> 58:01.960]  He had to occupy the property for five years, build a home, and things like that.
[58:01.960 --> 58:15.960]  And he did do that, so the property was granted to him for a dollar and 25 cents an acre for the surveyor general's fees.
[58:15.960 --> 58:19.960]  Okay, so he owned the property outright.
[58:19.960 --> 58:25.960]  How did the state get a claim against the property?
[58:25.960 --> 58:40.960]  Or does Arizona law allow the state to tax all property within the boundaries of the state without regard to a land patent?
[58:40.960 --> 58:49.960]  Hang on, go under our sponsors, Randy Kelton, Brett Fountain, Will of Law Radio. We'll be right back.
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[01:00:45.960 --> 01:00:59.960]  Today in History, the year 1916, the Preparedness Day Bombing, a Thai suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and injuring 40.
[01:00:59.960 --> 01:01:04.960]  Today in History.
[01:01:04.960 --> 01:01:24.960]  After recent news, since Governor Greg Abbott signed House Bill 1325 legalizing heaven of taxes law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.960 --> 01:01:33.960]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.960 --> 01:01:52.960]  After Abbott and other state officials, including the Attorney General, stipulated in a letter that county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities too, like the district attorney in El Paso,
[01:01:52.960 --> 01:02:12.960]  and Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso. However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:12.960 --> 01:02:21.960]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:21.960 --> 01:02:38.960]  A paper by Tulane University identified a five and a half inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:38.960 --> 01:02:50.960]  According to the university paper, the shark secretes a lumus fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:02:50.960 --> 01:03:00.960]  This is Brook Roadie with your lowdown for July 22, 2019.
[01:03:20.960 --> 01:03:42.960]  Okay, we are back. Randy Kelton, Brett Fountain, and we're having way too much fun on the break, making jokes about Tim. He'll be coming up shortly.
[01:03:42.960 --> 01:04:06.960]  Okay, Larry, this is a complex subject. Does the state have a right to recoup its cost in providing services for its citizens? Fire, gas, subsidized electric, subsidized water, roads?
[01:04:06.960 --> 01:04:22.960]  I'm on my own well. We built our own fire. I live rural. We built our own fire department. The only thing, the only service we can get is a little bit of road breathing.
[01:04:22.960 --> 01:04:28.960]  Can I say that again? A little bit of what? What's that?
[01:04:28.960 --> 01:04:46.960]  You said a little bit of something and we couldn't understand a little bit of road. What? Road grading. Road grading. Road grading actually comes out of the gasoline tax.
[01:04:46.960 --> 01:05:09.960]  Oh no, that would be, I don't know. If it's county road grading, I don't think it does. So if you use the roads, if you brought forward the land patent, you would still owe for all of the services that you enjoy from the state.
[01:05:09.960 --> 01:05:25.960]  Fire, water and police, you'd have to get separate contracts with them to get their services. Is it economically feasible to do that?
[01:05:25.960 --> 01:05:53.960]  And mainly, what are the laws in this regard? Does the state have the right to assess this cost to everybody in the state when they provide these services to everybody in the state?
[01:05:53.960 --> 01:05:56.960]  I don't know how to look that up.
[01:05:56.960 --> 01:06:03.960]  Yeah, and I suspected each state's going to be different.
[01:06:03.960 --> 01:06:29.960]  But when I looked into land patents, I found that there were two sides to that. It may turn out that if you want fire and police protection and you have to contract with them separately, that may wind up costing you more than the property tax or the school tax.
[01:06:29.960 --> 01:06:47.960]  Okay, and when you go to children to schools, most all of the states have determined that education of the children is in the benefit of all of the public.
[01:06:47.960 --> 01:06:53.960]  And they ask all of the public to pay for that education.
[01:06:53.960 --> 01:07:11.960]  I'm in Texas and I was talking to my state representative and he made the comment that 80% of all of the county taxes and I'm sorry all of the state taxes went to education.
[01:07:11.960 --> 01:07:38.960]  I was impressed that we spent that much on education. Would you, under Arizona state law, would you be expected to contribute to the education of the citizens of Arizona as you will vicariously benefit by that education?
[01:07:38.960 --> 01:07:44.960]  Yeah, I don't know. I will find my notes to see if I can find some statutes on it.
[01:07:44.960 --> 01:07:55.960]  Yeah, how do you do an official argument to argue the difference between real property and private property?
[01:07:55.960 --> 01:08:02.960]  A petition for declaratory adjustment.
[01:08:02.960 --> 01:08:06.960]  Oh wait, the difference between real and private property?
[01:08:06.960 --> 01:08:09.960]  Yes.
[01:08:09.960 --> 01:08:15.960]  Okay, I don't know if there is, that's kind of a non-secretary.
[01:08:15.960 --> 01:08:19.960]  Real and private do not follow from one another.
[01:08:19.960 --> 01:08:24.960]  Real and personal property follow from one another.
[01:08:24.960 --> 01:08:33.960]  Real property is real estate, is land and buildings attached to the land.
[01:08:33.960 --> 01:08:43.960]  Personal property are those things which you own that are not directly connected to the real property.
[01:08:43.960 --> 01:08:47.960]  Private property can apply to either one of those.
[01:08:47.960 --> 01:08:52.960]  It's a, they don't follow from one another. Does that make sense?
[01:08:52.960 --> 01:09:00.960]  Yes, but the Arizona Constitution says private property cannot be taken without compensation.
[01:09:00.960 --> 01:09:06.960]  Where real property is property that's taxable.
[01:09:06.960 --> 01:09:15.960]  If it says real property is taxable, that's your land. That's what real property is.
[01:09:15.960 --> 01:09:20.960]  Okay, but it says private property cannot be taken without compensation.
[01:09:20.960 --> 01:09:28.960]  What, how does Arizona define private property?
[01:09:28.960 --> 01:09:34.960]  Most states don't make a distinction between real and private.
[01:09:34.960 --> 01:09:39.960]  They make a distinction between real and personal.
[01:09:39.960 --> 01:09:46.960]  So what is the definition of private property in Arizona?
[01:09:46.960 --> 01:10:03.960]  I suspect the definition of private property in Arizona is going to be the same as personal property in, say, Texas or other states.
[01:10:03.960 --> 01:10:17.960]  I don't know. The Arizona statutes, you know, in the law dictionaries, private property is defined as having absolute ownership and dominion over the property.
[01:10:17.960 --> 01:10:31.960]  Yeah, so by the Constitution saying, making a distinction between real and private property, the definition you just read would be a non sequitur.
[01:10:31.960 --> 01:10:36.960]  Because one would not follow from the other.
[01:10:36.960 --> 01:10:43.960]  Real property and private property named individually as if they are separate.
[01:10:43.960 --> 01:10:50.960]  How are they separate by the definition of private property in Arizona?
[01:10:50.960 --> 01:10:55.960]  Brett, will you do a search for that at what we're talking?
[01:10:55.960 --> 01:11:04.960]  Arizona private property, I suspect that private property in this case is being used as a term of art.
[01:11:04.960 --> 01:11:21.960]  In that as the term is used in the Arizona Constitution, it doesn't have the same meaning as the common meaning that you would find in Webster's or potentially even blacks,
[01:11:21.960 --> 01:11:27.960]  because blacks is not a state dictionary. It's a U.S. dictionary.
[01:11:27.960 --> 01:11:34.960]  So it will give the most commonly used definition in the United States.
[01:11:34.960 --> 01:11:42.960]  And in the United States, private property would not go to a particular category of property.
[01:11:42.960 --> 01:11:47.960]  It would go to a type of ownership of property.
[01:11:47.960 --> 01:11:57.960]  Making sense, Larry? Yes, that would go to absolute ownership versus qualified ownership.
[01:11:57.960 --> 01:12:10.960]  And absolute and qualified would go to personal property as is defined, for instance, here in Texas, and real property as is defined in Texas.
[01:12:10.960 --> 01:12:17.960]  Either of those could fall under the definition of private property.
[01:12:17.960 --> 01:12:23.960]  So we've got three definitions here. Brett, did you find anything on that?
[01:12:23.960 --> 01:12:30.960]  No, I'm not even really sure how to categorize what you guys are talking about.
[01:12:30.960 --> 01:12:42.960]  It sounds like two guys really understand each other just fine, and I'm not really in the loop on that. I don't know where to hang my hat for that kind of research.
[01:12:42.960 --> 01:12:57.960]  We're trying to figure out in the Arizona Constitution, when they use the terms real property and private property,
[01:12:57.960 --> 01:13:05.960]  what does private property mean in that context?
[01:13:05.960 --> 01:13:16.960]  Yeah, and that I have not found defined anywhere in any of Arizona's statutes or laws.
[01:13:16.960 --> 01:13:28.960]  The people of Arizona find and declare Article 1, Section 1, Article 2, Section 17 of the State Constitution,
[01:13:28.960 --> 01:13:36.960]  declares in no uncertain terms that private property shall not be taken for private use.
[01:13:36.960 --> 01:13:45.960]  Our Constitution further provides that no portion shall be private of property without due process.
[01:13:45.960 --> 01:13:56.960]  That is unclear. Private property rights protection and act analysis.
[01:13:56.960 --> 01:14:00.960]  This just goes to imminent domain.
[01:14:00.960 --> 01:14:03.960]  Power of the government to take private property for public use.
[01:14:03.960 --> 01:14:10.960]  It doesn't make a distinguish here. It doesn't distinguish between private and real property.
[01:14:10.960 --> 01:14:15.960]  The Constitution doesn't.
[01:14:15.960 --> 01:14:24.960]  Your assets could be considered private property, whether they're real property or not, and that could go to federal income tax.
[01:14:24.960 --> 01:14:32.960]  That could be like an imminent domain issue because they're wanting you to sell your car to pay for a made-up debt.
[01:14:32.960 --> 01:14:38.960]  Well, that's taking your property and putting it to imminent domain usage.
[01:14:38.960 --> 01:14:43.960]  I don't know how to categorize this real property thing as separate.
[01:14:43.960 --> 01:14:54.960]  Trying to take your property for tax, nonpayment of taxes, is different than imminent domain.
[01:14:54.960 --> 01:15:03.960]  Well, I realize that, but what you're saying is just being a creature of a statute and looking at what does it say in its own definitions.
[01:15:03.960 --> 01:15:11.960]  I don't know. I don't see a distinction there. It could be land or it could be your bank account.
[01:15:11.960 --> 01:15:15.960]  That's your asset, right? That's your property?
[01:15:15.960 --> 01:15:30.960]  Well, I was speaking to the... Larry made the assertion that real property and private property, that private property couldn't be taken.
[01:15:30.960 --> 01:15:38.960]  I think you misconst... Larry, is there another place in the Constitution that speaks to real property?
[01:15:38.960 --> 01:15:41.960]  Let me do a search.
[01:15:41.960 --> 01:15:49.960]  Just under taxation. Real property is taxable property.
[01:15:49.960 --> 01:16:01.960]  But that's why I say I'm trying to... I think the Enabling Act, section 20, paragraph 2, says that it's not taxable, but I just...
[01:16:01.960 --> 01:16:06.960]  I wouldn't bet $10 on my interpretation of it.
[01:16:06.960 --> 01:16:07.960]  Yeah.
[01:16:07.960 --> 01:16:11.960]  Okay. Well, this would definitely take some serious research.
[01:16:11.960 --> 01:16:21.960]  Do you know any... probably a real estate attorney would be able to tell you maybe about land patents?
[01:16:21.960 --> 01:16:24.960]  No, any honest ones.
[01:16:24.960 --> 01:16:30.960]  Oh, have you done a land patent search?
[01:16:30.960 --> 01:16:39.960]  Land patents A or Arizona?
[01:16:39.960 --> 01:16:48.960]  Land patent Arizona, the Apache County, Arizona, and Bureau of Land Management, JLL Records.
[01:16:48.960 --> 01:16:51.960]  It would take a lot of research to be able to come up to speed on that.
[01:16:51.960 --> 01:16:57.960]  Let me ask you, Randy, I'm talking about this Enabling Act that is so convoluted and hard to understand.
[01:16:57.960 --> 01:17:00.960]  Is there any...
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[01:18:45.960 --> 01:18:47.960]  Do you have to do anything different when I order?
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[01:18:48.960 --> 01:18:49.960]  Can I use my Amazon pride?
[01:18:49.960 --> 01:18:50.960]  No.
[01:18:50.960 --> 01:18:51.960]  Yes.
[01:18:51.960 --> 01:18:56.960]  Wow. Giving without doing anything or spending any money. This is perfect. Thank you so much.
[01:18:56.960 --> 01:18:58.960]  We are Logos.
[01:18:58.960 --> 01:19:21.960]  Happy Holidays Logos.
[01:19:28.960 --> 01:19:55.960]  Okay, we are back. Randy Kelton, Brett Fountain, Lula Radio and we're talking to Larry in Arizona.
[01:19:55.960 --> 01:19:58.960]  Larry, I really just don't know what to tell you.
[01:19:58.960 --> 01:20:07.960]  I did a little search and a section on land patents seemed to make a distinction between
[01:20:07.960 --> 01:20:19.960]  state and federal that land patents convey property in the public domain to private ownership,
[01:20:19.960 --> 01:20:27.960]  including public land conveyed to the government. Suma Corporation v. California established
[01:20:27.960 --> 01:20:35.960]  that ownership through a land patent could not be superseded by the state or anyone else.
[01:20:35.960 --> 01:20:40.960]  Are you familiar with Suma Corporation v. California?
[01:20:40.960 --> 01:20:42.960]  Yes, I am.
[01:20:42.960 --> 01:20:51.960]  And there's also a Crawford v. State that says a land patent is the premier title to
[01:20:51.960 --> 01:20:53.960]  property in Arizona.
[01:20:53.960 --> 01:21:02.960]  Then you were looking at a suit against the state for patent and for land patent infringement.
[01:21:02.960 --> 01:21:12.960]  Well, that's why I was going to go with the impairment of a contract because both the federal and the state
[01:21:12.960 --> 01:21:16.960]  constitution have a prohibition against impairing contracts.
[01:21:16.960 --> 01:21:19.960]  And the patent is your contract?
[01:21:19.960 --> 01:21:28.960]  Yes. So if I'm going to go into federal court, to make it simpler, would it be simpler to do a
[01:21:28.960 --> 01:21:34.960]  declaratory judgment? And if I do, what would I ask to be declared?
[01:21:34.960 --> 01:21:48.960]  What ruling would you need on point of law that that would have the effect of winning
[01:21:48.960 --> 01:21:53.960]  a claim in any court?
[01:21:53.960 --> 01:21:59.960]  What I'm saying is you're looking at land patents. What is the key issue?
[01:21:59.960 --> 01:22:09.960]  And it looks like Suma Corporation v. California established that ownership through a land
[01:22:09.960 --> 01:22:14.960]  patent could not be superseded by the state or anyone else.
[01:22:14.960 --> 01:22:22.960]  Can the state supersede ownership by land patent?
[01:22:22.960 --> 01:22:24.960]  Simple question.
[01:22:24.960 --> 01:22:34.960]  If the court says no, then move the court to, then you go back and file a civil suit to
[01:22:34.960 --> 01:22:40.960]  stop the state from assessing taxes against your property.
[01:22:40.960 --> 01:22:47.960]  And use the declaratory judgment as res judicata.
[01:22:47.960 --> 01:22:50.960]  Already been adjudicated.
[01:22:50.960 --> 01:22:57.960]  So I can ask such a simple question of the court in a declaratory judgment.
[01:22:57.960 --> 01:23:02.960]  That is exactly what declaratory judgments are for.
[01:23:02.960 --> 01:23:06.960]  You can go in and claim, well, this is my property and I have a land patent.
[01:23:06.960 --> 01:23:08.960]  And Arizona will say, oh, no, it's not.
[01:23:08.960 --> 01:23:10.960]  We got all these claims against it.
[01:23:10.960 --> 01:23:16.960]  We provide you all these services, blah, blah, blah, blah, blah, all these different arguments.
[01:23:16.960 --> 01:23:23.960]  It's really convoluted and the real question gets buried in all these different arguments.
[01:23:23.960 --> 01:23:32.960]  So pull out the key issue that you would need to win your case.
[01:23:32.960 --> 01:23:44.960]  And go to the court and ask for a ruling on that issue as it goes to a point of law
[01:23:44.960 --> 01:23:47.960]  that declares the rights of the parties.
[01:23:47.960 --> 01:24:01.960]  You claim you have a land patent and can the state of Arizona infringe upon my land patent.
[01:24:01.960 --> 01:24:06.960]  If the Fed says no, it's a done deal.
[01:24:06.960 --> 01:24:17.960]  Is there any state agency that is responsible for defining what these, like this one paragraph I was asking you about?
[01:24:17.960 --> 01:24:28.960]  Is there anybody in the state that's responsible for giving you a simplified version of what this says?
[01:24:28.960 --> 01:24:30.960]  No.
[01:24:30.960 --> 01:24:35.960]  As far as I know, they're not required to give you legal advice.
[01:24:35.960 --> 01:24:39.960]  Actually, they're forbidden to.
[01:24:39.960 --> 01:24:40.960]  I've read this.
[01:24:40.960 --> 01:24:41.960]  It's very convoluted.
[01:24:41.960 --> 01:24:46.960]  And how do you actually fair that, what it really means?
[01:24:46.960 --> 01:24:47.960]  You don't care.
[01:24:47.960 --> 01:24:48.960]  That's a state statute.
[01:24:48.960 --> 01:24:51.960]  You don't care about that.
[01:24:51.960 --> 01:24:55.960]  The land patent is not a state issue.
[01:24:55.960 --> 01:24:57.960]  It's a federal issue.
[01:24:57.960 --> 01:25:06.960]  Well, okay, the thing I'm asking you about particularly is the state is the enabling act that formed the state of Arizona.
[01:25:06.960 --> 01:25:10.960]  So it's the state that formed when this was written.
[01:25:10.960 --> 01:25:14.960]  I'm not really sure whose jurisdiction it came under.
[01:25:14.960 --> 01:25:16.960]  It had to be approved by Congress.
[01:25:16.960 --> 01:25:18.960]  I can tell you that.
[01:25:18.960 --> 01:25:25.960]  Are you challenging the validity of the formation of the state of Arizona?
[01:25:25.960 --> 01:25:34.960]  No, no, all I want to know is what this, I think this paragraph tells out of it says that the land patent is not taxable.
[01:25:34.960 --> 01:25:40.960]  But I wouldn't bet $10 that my interpretation is correct.
[01:25:40.960 --> 01:25:44.960]  Well, from just what I saw here.
[01:25:44.960 --> 01:25:57.960]  This Summa Corporation v. California seems to be very clear that the state is statutorily a stopped from infringing on a land patent.
[01:25:57.960 --> 01:25:58.960]  Yes.
[01:25:58.960 --> 01:26:03.960]  No matter what the state's laws were.
[01:26:03.960 --> 01:26:10.960]  If you get a ruling, you get the court to uphold this ruling.
[01:26:10.960 --> 01:26:23.960]  Excuse me, in your case, then you sue the state to stop them from taxing your property based on federal ruling that they cannot tax your property.
[01:26:23.960 --> 01:26:26.960]  It's a done deal.
[01:26:26.960 --> 01:26:40.960]  Okay. And the Summa case is very interesting because the Supreme Court in Summa said we are never going to re-litigate this issue again. We've done it too many times.
[01:26:40.960 --> 01:26:44.960]  And a land patent has always held.
[01:26:44.960 --> 01:27:03.960]  Matter of fact, speaking of Yuma, it seems that Leslie had addressed this issue as well. Send me an email about Land Patents Arizona and I'll forward it to Leslie and get her opinion on it.
[01:27:03.960 --> 01:27:07.960]  Oh, that would be great. I would really appreciate that.
[01:27:07.960 --> 01:27:15.960]  And the last thing Arizona wants is Leslie Orman after her, them.
[01:27:15.960 --> 01:27:19.960]  Well, I would love to just be with her about it.
[01:27:19.960 --> 01:27:24.960]  Well, send that to me and I'll get it to her and get her opinion.
[01:27:24.960 --> 01:27:25.960]  Okay.
[01:27:25.960 --> 01:27:37.960]  Send to me a request for introduction to Leslie. I never give out private information, but if you send a request for introduction, I'll just forward it to her.
[01:27:37.960 --> 01:27:39.960]  Okay, that would be great.
[01:27:39.960 --> 01:27:42.960]  Okay. Thank you, Larry.
[01:27:42.960 --> 01:27:49.960]  Okay, now we're going to go to Shane in New York. Shane, what have you been up to?
[01:27:49.960 --> 01:27:52.960]  Hey, Randy, how you doing?
[01:27:52.960 --> 01:27:54.960]  Doing good.
[01:27:54.960 --> 01:27:59.960]  How are things going with your foreclosure and bankruptcy?
[01:27:59.960 --> 01:28:05.960]  Well, let me just spend 10 seconds here. I just got home and I've been listening to the show since it started.
[01:28:05.960 --> 01:28:11.960]  And it's negative three degrees up here in upstate New York tonight.
[01:28:11.960 --> 01:28:27.960]  Yeah, I need to call Pastor Massad. When it gets really cold up there, I generally call him and tell him, Pastor Massad, I was out mowing the yard this morning and I thought of you.
[01:28:27.960 --> 01:28:38.960]  And he always says the same thing. That's why nobody likes you.
[01:28:38.960 --> 01:28:39.960]  Okay.
[01:28:39.960 --> 01:28:52.960]  Well, let me, let me give you an update. I amended my mom's bankruptcy schedules actually today and officially, you know, officially removed the property from her bankruptcy.
[01:28:52.960 --> 01:29:13.960]  And I filled out schedules A slash B and I and J and completely removed the property out. And remember, I have the property now in bankruptcy chapter 13. That's still pending. And I got a big hearing on Monday on the 24th, which is about nine days away.
[01:29:13.960 --> 01:29:30.960]  Not this Monday, but the following Monday, the attorney is so pissed off in Rochester, his name is David P. Case, that he actually filed motions for sanctions and trying to hold me in criminal contempt on all the documents and all the appeals and aren't filing
[01:29:30.960 --> 01:29:44.960]  because the bankruptcy court keeps on stating that I can't litigate the proof of claims because it's a state matter. That's what he's been saying for almost a year and a half that these foreclosures are state matters and they keep on bringing up res judicata.
[01:29:44.960 --> 01:30:01.960]  And so the res judicata has implied to me I haven't even been served yet. So I appealed all the decisions to the new college judge that was appointed by President Trump and they're still pending. I got to get this brief done here.
[01:30:01.960 --> 01:30:15.960]  Could your pharmacy release your prescription information to marketers? Believe it or not, it's not only possible. It's probably been done under Catherine Albrecht and I'll be back with loopholes that make it legal for companies like CVS to share your personal health information.
[01:30:15.960 --> 01:30:33.960]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too. So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[01:30:33.960 --> 01:30:44.960]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing. Start over with StartPage.
[01:30:44.960 --> 01:30:55.960]  Your pharmacy may be sharing your medical information without your knowledge or consent. For example, CVS pharmacies are likely to disclose your personal health information to business associates.
[01:30:55.960 --> 01:31:04.960]  A loophole in the law allows it if parties agree to execute a contract to quote, safeguard the data. Business associates could range from marketers to insurance companies.
[01:31:04.960 --> 01:31:15.960]  And while they might keep information locked up, there's no telling how it might come back to bite you. Ask your pharmacy to disclose how it shared your previous data and request in writing that it not be sold, rented or shared.
[01:31:15.960 --> 01:31:20.960]  And most importantly, take your future prescriptions to establishments that guarantee real privacy.
[01:31:20.960 --> 01:31:30.960]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.960 --> 01:31:35.960]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:31:54.960 --> 01:31:57.960]  We're Americans, and we deserve the truth.
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[01:33:24.960 --> 01:33:35.960]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio,
[01:33:35.960 --> 01:33:37.960]  and we're talking to Shane in New York.
[01:33:37.960 --> 01:33:41.960]  And Shane, what were you thinking? You ran off the cliff.
[01:33:41.960 --> 01:33:45.960]  Hi, we've been hearing the music, Randy.
[01:33:45.960 --> 01:33:50.960]  You really don't expect me to take responsibility for that, do you?
[01:33:50.960 --> 01:33:55.960]  I mean, I'm only the host and the producer.
[01:33:55.960 --> 01:33:57.960]  Yeah.
[01:33:57.960 --> 01:34:02.960]  Let's blame Brett. Okay, where were you?
[01:34:02.960 --> 01:34:06.960]  They're trying to get sanctions against you.
[01:34:06.960 --> 01:34:08.960]  Yes.
[01:34:08.960 --> 01:34:11.960]  Did you bargain with the lawyer for that?
[01:34:11.960 --> 01:34:16.960]  Yes, but this time I'm going to do it professionally.
[01:34:16.960 --> 01:34:22.960]  I want to have somebody that knows how to write these things up a lot better than I do.
[01:34:22.960 --> 01:34:25.960]  So that's in progress.
[01:34:25.960 --> 01:34:31.960]  But I don't want to let you know that apparently they're so pissed off because they can't sell the property.
[01:34:31.960 --> 01:34:36.960]  And so what I did is I'm getting ready for the February 24th hearing,
[01:34:36.960 --> 01:34:48.960]  and I filed a subpoena to have them produce the blue wedding signature original promissory to prove standing to even have a motion for sanctions against me.
[01:34:48.960 --> 01:34:54.960]  But what this guy did, Randy, before getting into the subpoena,
[01:34:54.960 --> 01:34:58.960]  I want to tell you what the judge said about this, but I filed it from the 24th.
[01:34:58.960 --> 01:35:06.960]  But he actually filed every docket sheet on all the federal cases I was involved in like 13 years ago.
[01:35:06.960 --> 01:35:16.960]  And one was, you know, my sovereign ID and that promissory note that I followed the seminars with Winston Stroud.
[01:35:16.960 --> 01:35:24.960]  We just were talking years ago, but he actually printed every docket sheet and said that here's all the fraud he's done.
[01:35:24.960 --> 01:35:30.960]  He's done all these conspiracy theories and he should be sanctioned and criminally penalized for filing this bankruptcy.
[01:35:30.960 --> 01:35:33.960]  Have you ever heard anything like this before?
[01:35:33.960 --> 01:35:35.960]  Oh, yeah.
[01:35:35.960 --> 01:35:38.960]  This is desperate.
[01:35:38.960 --> 01:35:45.960]  The judge almost certainly will pay no attention to that unless the judge has been bought and paid for.
[01:35:45.960 --> 01:35:54.960]  In which case he's giving the judge something he can use to justify actions against you.
[01:35:54.960 --> 01:36:07.960]  I would suggest that you respond to that by saying that the lawyer was absolutely right about me having misunderstandings about the nature of law several years ago.
[01:36:07.960 --> 01:36:12.960]  And I paid for that heavy and I learned my lessons.
[01:36:12.960 --> 01:36:17.960]  And from then on I followed the law exactly.
[01:36:17.960 --> 01:36:21.960]  And by the way, objection relevance.
[01:36:21.960 --> 01:36:23.960]  Yes.
[01:36:23.960 --> 01:36:25.960]  Objection relevance.
[01:36:25.960 --> 01:36:32.960]  But, you know, this is he's trying to poison your well.
[01:36:32.960 --> 01:36:37.960]  Have you done any research on this lawyer?
[01:36:37.960 --> 01:36:40.960]  Yes.
[01:36:40.960 --> 01:36:42.960]  What would you find on him?
[01:36:42.960 --> 01:36:44.960]  Yes, I have.
[01:36:44.960 --> 01:36:52.960]  Based on what I saw, he's got a couple of lawsuits people filed against him, not really a lot, a few.
[01:36:52.960 --> 01:36:55.960]  And he's considered a bully.
[01:36:55.960 --> 01:36:57.960]  He's a punk.
[01:36:57.960 --> 01:37:00.960]  And he's very cocky and arrogant.
[01:37:00.960 --> 01:37:03.960]  He's very rude to the judge that with the hearing we have back in December.
[01:37:03.960 --> 01:37:07.960]  He actually told the judges, I don't want to hear any more from him and the judge complied with what he said.
[01:37:07.960 --> 01:37:18.960]  He means actually control the county court by, in my mom's case, he told the judge, the lady judge, and county court and Buffalo, not to have a hearing.
[01:37:18.960 --> 01:37:20.960]  You can just make all the rulings in chambers.
[01:37:20.960 --> 01:37:27.960]  And then all of a sudden we got knocked off the docket sheet three days later after he wrote the judge a letter and cc'd it to us.
[01:37:27.960 --> 01:37:28.960]  But it didn't really matter.
[01:37:28.960 --> 01:37:30.960]  They didn't know we were going to follow.
[01:37:30.960 --> 01:37:31.960]  They didn't know I was going to follow bankruptcy.
[01:37:31.960 --> 01:37:35.960]  So I stopped that from even happening because they were going to deny anything anyway.
[01:37:35.960 --> 01:37:42.960]  We had the bankruptcy rolling and so far we've come to an inaction for since July of 2019.
[01:37:42.960 --> 01:37:48.960]  And my told you I ran into the judge that they were going to sell the property and she was human.
[01:37:48.960 --> 01:37:50.960]  And what's the chance?
[01:37:50.960 --> 01:38:04.960]  Yeah, I would probably want to suggest not to get down in the dirt with this guy unless he's got something really horrible against him.
[01:38:04.960 --> 01:38:10.960]  You know, in fact, that he brought up stuff that doesn't has nothing to do with this case.
[01:38:10.960 --> 01:38:16.960]  You might ask for sanctions.
[01:38:16.960 --> 01:38:18.960]  You won't get them.
[01:38:18.960 --> 01:38:24.960]  You won't get them but ask for them anyway for filing frivolous pleadings.
[01:38:24.960 --> 01:38:28.960]  Well, the good news is the judge that I have involved.
[01:38:28.960 --> 01:38:31.960]  Well, he already said that I don't care about what happened in the past.
[01:38:31.960 --> 01:38:33.960]  It has no relevance to this case.
[01:38:33.960 --> 01:38:39.960]  So I want to make that perfectly clear to you because he's already making jabs at me already.
[01:38:39.960 --> 01:38:43.960]  Okay, so another judge has made this.
[01:38:43.960 --> 01:38:45.960]  Let me understand.
[01:38:45.960 --> 01:38:49.960]  Not the judge you're before now, but a judge prior to that.
[01:38:49.960 --> 01:38:50.960]  Same judge.
[01:38:50.960 --> 01:38:52.960]  No, same judge.
[01:38:52.960 --> 01:38:53.960]  Oh, okay.
[01:38:53.960 --> 01:38:57.960]  Then I would I would ignore it.
[01:38:57.960 --> 01:39:04.960]  He already took some jabs at me when I filed the appeal.
[01:39:04.960 --> 01:39:17.960]  He said that the appeal is frivolous and that the lower court should dismiss it, but the lower court has no jurisdiction to dismiss appeal.
[01:39:17.960 --> 01:39:19.960]  Okay, wait, I misunderstood.
[01:39:19.960 --> 01:39:21.960]  I didn't get all of that.
[01:39:21.960 --> 01:39:26.960]  It felt like I stepped in the middle of something.
[01:39:26.960 --> 01:39:31.960]  What about the filed an objection for me filing the appeal?
[01:39:31.960 --> 01:39:41.960]  And he also filed an objection for my informal poppers stating that he should not be allowed to have informal poppers because he should have the money to pay for this.
[01:39:41.960 --> 01:39:43.960]  He shouldn't have a free ride.
[01:39:43.960 --> 01:39:45.960]  And he brought up.
[01:39:45.960 --> 01:39:52.960]  Have you some of my have you already been granted informal poppers?
[01:39:52.960 --> 01:39:55.960]  No, but my mom has.
[01:39:55.960 --> 01:39:56.960]  And I have been.
[01:39:56.960 --> 01:39:57.960]  Oh, okay.
[01:39:57.960 --> 01:39:58.960]  So, okay.
[01:39:58.960 --> 01:39:59.960]  But you're different.
[01:39:59.960 --> 01:40:00.960]  So, okay.
[01:40:00.960 --> 01:40:01.960]  That's not inappropriate.
[01:40:01.960 --> 01:40:03.960]  Yeah, I followed.
[01:40:03.960 --> 01:40:08.960]  I followed a lawsuit through the state court back in September that informal poppers was granted.
[01:40:08.960 --> 01:40:13.960]  I'm not sure if they'll look at that, but I'm in bankruptcy right now.
[01:40:13.960 --> 01:40:15.960]  So we'll see what happens.
[01:40:15.960 --> 01:40:16.960]  Okay.
[01:40:16.960 --> 01:40:17.960]  So you.
[01:40:17.960 --> 01:40:18.960]  Okay.
[01:40:18.960 --> 01:40:26.960]  You have previously been designated, been granted informal poppers.
[01:40:26.960 --> 01:40:27.960]  Yes.
[01:40:27.960 --> 01:40:28.960]  Okay.
[01:40:28.960 --> 01:40:31.960]  Then they're not standing.
[01:40:31.960 --> 01:40:38.960]  You bring that before this court that you've already been granted that position.
[01:40:38.960 --> 01:40:44.960]  This court would have to overrule another court and they don't like to do that.
[01:40:44.960 --> 01:40:45.960]  Okay.
[01:40:45.960 --> 01:40:47.960]  So what's what's the main issue now?
[01:40:47.960 --> 01:40:52.960]  What is what's on the point of despair at this point?
[01:40:52.960 --> 01:40:56.960]  Well, we're going in for sanctions next next week.
[01:40:56.960 --> 01:41:04.960]  And I'm pretty sure that he's just going to basically deny the criminal contempt charge.
[01:41:04.960 --> 01:41:06.960]  He's trying to charge me criminally.
[01:41:06.960 --> 01:41:18.960]  And he also wants the file transferred to the DOJ for a possible indictment.
[01:41:18.960 --> 01:41:20.960]  Okay.
[01:41:20.960 --> 01:41:28.960]  So far I've seen and what is he claiming is criminal.
[01:41:28.960 --> 01:41:38.960]  That's what he's claiming. He's claiming that the bank or CFL to stop the sale of the property is defrauding the bank.
[01:41:38.960 --> 01:41:41.960]  How?
[01:41:41.960 --> 01:41:42.960]  I don't know.
[01:41:42.960 --> 01:41:53.960]  I'm sure he's got, in his, in his pleading, he claimed facts in support of law.
[01:41:53.960 --> 01:41:57.960]  But he just make a bold claim.
[01:41:57.960 --> 01:42:01.960]  Yeah, he just made a, I already sent it. Yeah, it was ridiculous.
[01:42:01.960 --> 01:42:02.960]  I couldn't believe what I was reading.
[01:42:02.960 --> 01:42:09.960]  It was almost like a 12 year old client because they can't really sell the property until they serve me.
[01:42:09.960 --> 01:42:13.960]  And they still haven't done that, Randy.
[01:42:13.960 --> 01:42:14.960]  Oh, okay.
[01:42:14.960 --> 01:42:17.960]  So where are you at?
[01:42:17.960 --> 01:42:23.960]  And so all you have now is this sanctions hearing coming up.
[01:42:23.960 --> 01:42:24.960]  Right.
[01:42:24.960 --> 01:42:33.960]  The appeal and the United States Fisher Court to reverse it and bring it back down to have this thing fully adjudicated.
[01:42:33.960 --> 01:42:36.960]  Okay. Has he, has he, you filed an appeal?
[01:42:36.960 --> 01:42:41.960]  Has he filed a, an opposition to the appeal?
[01:42:41.960 --> 01:42:45.960]  No, not yet because the briefs do not do for 30 days.
[01:42:45.960 --> 01:42:46.960]  Oh, okay.
[01:42:46.960 --> 01:42:48.960]  So you're kind of, kind of waiting.
[01:42:48.960 --> 01:42:50.960]  Okay.
[01:42:50.960 --> 01:42:55.960]  And anything else because they got one more caller in one segment.
[01:42:55.960 --> 01:42:58.960]  Yeah, I just, I just want to read you this one order.
[01:42:58.960 --> 01:43:09.960]  It's only three, three or four sentences long from the bankruptcy judge where he denied having him produce the original because they filed a subpoena for the February 24th.
[01:43:09.960 --> 01:43:25.960]  It is all he said here, the subpoena is hereby denied. The designation of time has been reserved for a general motion calendar during which the court will hear argument only on the scheduled motions, no trial or evidentiary hearing is scheduled for that time.
[01:43:25.960 --> 01:43:39.960]  It is much the court does not foresee the consideration of testimony during the motion calendar on the above mentioned date. No basis exists for insurance of the subpoena for the perspective I want this to appear quarterly.
[01:43:39.960 --> 01:43:44.960]  The bankruptcy is directed not to issue the subpoena as requested. So ordered.
[01:43:44.960 --> 01:43:50.960]  And the reason why I think that the pina and bankruptcy to show the court that he has no standing even.
[01:43:50.960 --> 01:43:55.960]  Okay, wait, wait, wait, hold on. We're about to go to our sponsors.
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[01:46:25.960 --> 01:46:33.960]  Okay, we are back. Randy Kelton, Brett Fountain, rule of law radio. We're talking Shane in New York.
[01:46:33.960 --> 01:46:43.960]  Shane, that was a little bit too complex for me to make sense out for you reading it to me. Can you send that to me?
[01:46:43.960 --> 01:46:56.960]  Yeah, absolutely. I just follow this one page, Randy, and the judge keeps on bouncing it out because he keeps on saying everything I'm bringing up is a state matter.
[01:46:56.960 --> 01:47:03.960]  He's been saying this for 18 months with my mom's bankruptcy. He doesn't want to touch these fees for closures. He doesn't want to touch any of it.
[01:47:03.960 --> 01:47:18.960]  So that's why we're appealing it. So now I got a stake, and now I've appealed it, and he keeps on saying that the bankruptcy court has no jurisdiction to litigate for closure cases at all, which might happen if disagree with them.
[01:47:18.960 --> 01:47:29.960]  But that's, you know, it's a bankruptcy case. You know, if you have an invalid proof of claim, you have that right to object to it or file an adversary proceeding. I don't understand why he's letting me...
[01:47:29.960 --> 01:47:54.960]  If the federal court has accepted your quit claim, then you should be able to take that back to the state court and move to file a subject matter jurisdiction challenge in the state court to overturn the bankruptcy for lack of jurisdiction.
[01:47:54.960 --> 01:47:59.960]  Well, I haven't been served yet, Randy. They still haven't served me yet.
[01:47:59.960 --> 01:48:21.960]  I'm talking about overturning the foreclosure against your mother, claiming that the court lacked subject matter jurisdiction because you had a quit claim. You were the part of your interest, not your mother.
[01:48:21.960 --> 01:48:24.960]  Did I file that as a separate case?
[01:48:24.960 --> 01:48:40.960]  Yeah, no. In the foreclosure case, you file as an intervener and subject matter jurisdiction challenge, claiming that you are the part of your interest. You hold a quit claim to the property.
[01:48:40.960 --> 01:48:56.960]  You held a quit claim to the property when the foreclosure took place. The court never had jurisdiction and still doesn't. So we asked the court to overturn when they denied and take that to the court of appeals.
[01:48:56.960 --> 01:49:00.960]  Then you really get the lawyer jumping up and down.
[01:49:00.960 --> 01:49:10.960]  I done that before and they denied my motion for joiner under CPLR 1001 about two years ago.
[01:49:10.960 --> 01:49:12.960]  Did you file a subject matter jurisdiction challenge?
[01:49:12.960 --> 01:49:17.960]  No, they said you're not allowed to file anything in this case because you're not the real party of interest, sir.
[01:49:17.960 --> 01:49:32.960]  File a challenge to subject matter jurisdiction and let them deny it and appeal it. That stops the foreclosure.
[01:49:32.960 --> 01:49:34.960]  Okay.
[01:49:34.960 --> 01:49:48.960]  Now take that into the court of appeals. The federal court has upheld your standing under the quit claim.
[01:49:48.960 --> 01:50:06.960]  Now take that to the court of appeals and show them that the federal court has upheld it and therefore the trial court in your mother's case didn't have subject matter jurisdiction because your quit claim was already in place.
[01:50:06.960 --> 01:50:09.960]  Gotcha.
[01:50:09.960 --> 01:50:21.960]  I'm afraid wrong people. I'm afraid what might happen is that it might strike it from the record and say that I'm not a party of interest like it did before, but hey, it doesn't hurt to try.
[01:50:21.960 --> 01:50:31.960]  The federal court, the bankruptcy judge has ruled in favor of your quit claim.
[01:50:31.960 --> 01:50:33.960]  Right.
[01:50:33.960 --> 01:50:41.960]  That's right, Mr. Dakota. The state court cannot overrule that.
[01:50:41.960 --> 01:50:51.960]  Gotcha. And I do have in the transcripts where you said that you said that they got fine state judges over there. And if you're right, you probably succeed. He said that in the transcripts. That's right.
[01:50:51.960 --> 01:50:54.960]  You did say that. Okay.
[01:50:54.960 --> 01:51:04.960]  You know, muddy up this lawyer's water some more by putting him in the penalty court over your quit claim.
[01:51:04.960 --> 01:51:14.960]  If they rule against you, they undermine all of the law concerning quit claim.
[01:51:14.960 --> 01:51:24.960]  And here, you know, once you had the federal court approve it, then now you have standing.
[01:51:24.960 --> 01:51:34.960]  Okay, now filing a suit against me. You're not filing any suits against me in the state court. I'll let you get to the next caller, but I just want to let you know they will take your skirt or I don't know what they're doing.
[01:51:34.960 --> 01:51:40.960]  Why do they waste your time following motions in bankruptcy court? We can go rate the state court and sue me.
[01:51:40.960 --> 01:51:51.960]  Plus, the federal judge has allowed your quit claim. They want that to go away.
[01:51:51.960 --> 01:51:55.960]  Don't let it go away. Cram it down the throats.
[01:51:55.960 --> 01:52:00.960]  Right. I did. I appealed it. It's in the district court now.
[01:52:00.960 --> 01:52:14.960]  All right, Randy, thanks a lot, but I want to let you know the judge that didn't have the appeal. She remanded it to a new United States district judge and he was just appointed like four weeks ago by President Trump.
[01:52:14.960 --> 01:52:16.960]  Oh, good.
[01:52:16.960 --> 01:52:22.960]  The one that did have it was appointed by Obama and she had it for like several months and she didn't want to touch it.
[01:52:22.960 --> 01:52:27.960]  So she sent everything over to him and he just walked in the office about four weeks ago.
[01:52:27.960 --> 01:52:40.960]  This is good. You've got a Trump judge in there and he's going to want to make the conservative right feel good by blowing out the corrupt banks.
[01:52:40.960 --> 01:52:42.960]  Right.
[01:52:42.960 --> 01:52:48.960]  Okay. Good luck, Shane. I want to get to Tim. He's been holding a while.
[01:52:48.960 --> 01:52:53.960]  Hello, Tim. What do you have for us today?
[01:52:53.960 --> 01:53:03.960]  Well, I'm not sure we can discuss it to any length, but my question is what I was discussing with you this morning.
[01:53:03.960 --> 01:53:11.960]  You sounded kind of half asleep, but I guess you stayed up all night watching my videos. I sent you.
[01:53:11.960 --> 01:53:27.960]  Yeah, he sent me those first amendment audit videos and I always get stuck on those and the one with a guy who's sitting in his car having his dinner or something.
[01:53:27.960 --> 01:53:37.960]  His cop comes up with a pistol drawn and the guy's got his hands on the steering wheel and the policeman's got a pistol to his head.
[01:53:37.960 --> 01:53:41.960]  That cop should go to prison. You made me crazy.
[01:53:41.960 --> 01:53:51.960]  He's actually all agitated and shaking and saying, would you holster your weapon? I hated that video.
[01:53:51.960 --> 01:53:52.960]  Yeah.
[01:53:52.960 --> 01:54:08.960]  That was scary business. That would get...