ROL_2020-03-06_16k_Hr3-4.timecode

[00:00.000 --> 00:07.060]  The following news flash is brought to you by The Lone Star Lowdown.
[00:07.060 --> 00:13.700]  Markets for Monday the 22nd of July 2019 open with Precious Metals, Gold $1,429.00, Silver
[00:13.700 --> 00:24.460]  $16.45.00, Copper $2.75.00, Oil, Texas Crude $55.63.00, Brent Crude $62.47.00, and Cryptos
[00:24.460 --> 00:35.480]  and Order of Market Cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Litecoin
[00:35.480 --> 00:46.520]  $100.31, and Bitcoin Cash is at $324.10, a crypto coin.
[00:46.520 --> 00:52.740]  In history, the year 1916, the preparedness day bombing, a Thai suitcase bomb, was detonated
[00:52.740 --> 00:58.060]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:58.060 --> 01:05.060]  10 and entering 40 today in history.
[01:05.060 --> 01:09.740]  In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing hemp into
[01:09.740 --> 01:14.380]  taxes law back in June, county prosecutors around the state, including Houston, Austin
[01:14.380 --> 01:18.140]  and San Antonio, have been dropping marijuana possession charges, and even refusing to
[01:18.140 --> 01:22.580]  file new ones since they are stipulating that they do not have the time or the laboratory
[01:22.580 --> 01:25.140]  equipment to test the herb for THC.
[01:25.140 --> 01:28.740]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.740 --> 01:33.340]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.340 --> 01:34.340]  law.
[01:34.340 --> 01:37.900]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.900 --> 01:42.420]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.420 --> 01:48.580]  in Texas, and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.580 --> 01:52.780]  well as other cities, too, like the District Attorney in El Paso.
[01:52.780 --> 01:57.740]  Cayma Esparza, a Democrat who also stated earlier this month that the law, quote, will
[01:57.740 --> 02:02.020]  not have an effect on the prosecution of marijuana cases in El Paso.
[02:02.020 --> 02:07.100]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:07.100 --> 02:11.060]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:11.060 --> 02:13.780]  something illegal based on its chemical makeup.
[02:13.780 --> 02:17.700]  It's important that if someone is charged with something, the test matches what they're
[02:17.700 --> 02:22.900]  charged with.
[02:22.900 --> 02:27.540]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.540 --> 02:32.660]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.660 --> 02:38.340]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.340 --> 02:39.340]  Pacific Ocean.
[02:39.340 --> 02:44.100]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:44.100 --> 02:50.380]  its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the
[02:50.380 --> 03:17.220]  clove.
[03:17.220 --> 03:26.980]  I received my remedy today, came in the box just like they say, I accepted it for value
[03:26.980 --> 03:37.820]  right away, not sooner, not later, we are originators and the pathway seems to get straighter every
[03:37.820 --> 03:38.820]  day.
[03:38.820 --> 04:00.980]  Okay, we are back, Randy Kelton, Brett Fountain, a kind of scooted off the cliff there a little
[04:00.980 --> 04:01.980]  bit.
[04:01.980 --> 04:06.980]  Okay, Larry, sorry to leave so abruptly.
[04:06.980 --> 04:09.180]  What do you have for us today?
[04:09.180 --> 04:14.860]  Randy, I just have a couple of procedural questions here for you.
[04:14.860 --> 04:22.620]  Last time we spoke, you told me to file for a declaratory judgment on my land patent.
[04:22.620 --> 04:26.220]  And so I just curious, what should the title be?
[04:26.220 --> 04:29.020]  Is it a petition for a declaratory judgment?
[04:29.020 --> 04:31.020]  Yes, it is a petition.
[04:31.020 --> 04:35.860]  Okay, so then I am the petitioner instead of the plaintiff, right?
[04:35.860 --> 04:43.220]  Okay, should I throw case law into it so the judge doesn't have to look it up?
[04:43.220 --> 04:44.220]  Absolutely.
[04:44.220 --> 04:52.180]  They don't always, okay, they used to say, just state your case and don't argue your
[04:52.180 --> 04:54.300]  case in the pleadings.
[04:54.300 --> 05:04.980]  But after Ashcroft Ichbal, the courts changed 200 years of law.
[05:04.980 --> 05:12.660]  Now you have to state enough facts and law to demonstrate to the court that there is
[05:12.660 --> 05:19.980]  a reasonable chance of your winning your case.
[05:19.980 --> 05:24.580]  When you file a case in the federal court now, as a matter of course, the other side
[05:24.580 --> 05:29.780]  will file a Rule 12 motion to dismiss fair state of claim.
[05:29.780 --> 05:36.740]  And so that's why I went to declaratory judgment because with the declaratory judgment, there
[05:36.740 --> 05:38.020]  are no claims.
[05:38.020 --> 05:42.660]  So Rule 12b6 doesn't apply.
[05:42.660 --> 05:49.580]  You hope you get that anyway, but the point is you have to give the judge enough to demonstrate
[05:49.580 --> 05:57.500]  there is a likelihood that you will prevail in your case in this instance in a petition
[05:57.500 --> 06:00.500]  for declaratory judgment.
[06:00.500 --> 06:08.900]  You're going to ask the judge to rule that you have a certain right because a declaratory
[06:08.900 --> 06:17.300]  judgment is a suit asking the judge to declare the rights of the parties.
[06:17.300 --> 06:23.300]  So you want to ask the judge to declare that you have this specific right.
[06:23.300 --> 06:30.820]  And when you speak to the court, you can never make a proactive statement of law out of your
[06:30.820 --> 06:32.940]  own mouth.
[06:32.940 --> 06:39.020]  You must make all statements of law out of the mouth of the courts.
[06:39.020 --> 06:44.300]  You can make statements out of your own mouth, but the judge can't hear them.
[06:44.300 --> 06:50.820]  The judge has a duty to determine the facts in accordance with the rules of evidence, then
[06:50.820 --> 06:54.820]  apply the law as it comes to him to the facts in the case.
[06:54.820 --> 06:56.820]  That's it.
[06:56.820 --> 06:59.700]  Other than that, he can do his administrative thing.
[06:59.700 --> 07:05.100]  I've had a judge tell me that he didn't like what I was presenting.
[07:05.100 --> 07:09.940]  And I told him I did not care what he liked, what he did not like.
[07:09.940 --> 07:12.940]  I did not come here to make friends.
[07:12.940 --> 07:17.780]  I came here to place the law and the facts on the record.
[07:17.780 --> 07:21.340]  So you can have whatever opinion you want to.
[07:21.340 --> 07:24.780]  So you want to put the law and the facts on the record.
[07:24.780 --> 07:31.700]  In order to do that, you have to state enough law to support the facts that you bring.
[07:31.700 --> 07:33.700]  Does that make sense, Larry?
[07:33.700 --> 07:34.700]  Yes.
[07:34.700 --> 07:35.700]  Okay.
[07:35.700 --> 07:36.700]  Okay.
[07:36.700 --> 07:37.700]  Okay.
[07:37.700 --> 07:40.780]  And now, first of all, do I do a prayer on this?
[07:40.780 --> 07:41.780]  Absolutely.
[07:41.780 --> 07:42.780]  Always.
[07:42.780 --> 07:50.460]  Okay, so Austin, Texas, a guy sued a friend of mine to debt collector.
[07:50.460 --> 07:51.580]  He had me read the suit.
[07:51.580 --> 07:52.580]  What do you think?
[07:52.580 --> 07:55.220]  I said, a guy hadn't got a prayer.
[07:55.220 --> 07:56.220]  He said, why not?
[07:56.220 --> 07:57.220]  I don't know.
[07:57.220 --> 07:58.220]  He doesn't have one.
[07:58.220 --> 08:05.980]  If you don't ask the judge to do something for you, he can't do anything for you.
[08:05.980 --> 08:12.620]  And in this case, prayer should not be considered confused with anything relating to religion.
[08:12.620 --> 08:15.220]  It's not that kind of prayer.
[08:15.220 --> 08:20.940]  In a prayer to God, you ask God for something.
[08:20.940 --> 08:24.460]  This is an old usage of the term prayer.
[08:24.460 --> 08:28.980]  You are simply asking the judge for something.
[08:28.980 --> 08:33.940]  You must ask him to do something, or he has no power to do it.
[08:33.940 --> 08:36.100]  So yes, it should have a prayer.
[08:36.100 --> 08:37.100]  Okay.
[08:37.100 --> 08:44.340]  But I'm not asking for a prayer for relief, what is my prayer for?
[08:44.340 --> 08:49.420]  You're asking the court to rule on the rights of the parties.
[08:49.420 --> 09:03.020]  You pray the court rule that you have a right in this regard, whatever the right is.
[09:03.020 --> 09:06.940]  We have Tina from California.
[09:06.940 --> 09:14.420]  She's asking the court to rule that, I think it's 39, 14, or something like that.
[09:14.420 --> 09:24.060]  There's a statute that says that the borrower can request from the lender a copy of the
[09:24.060 --> 09:29.300]  original mortgage, the original note.
[09:29.300 --> 09:38.940]  And she prayed of the court a ruling that this statute gave her the right to request
[09:38.940 --> 09:47.780]  a copy of the original note and place the duty on the lender to provide that note.
[09:47.780 --> 09:48.780]  That's all.
[09:48.780 --> 09:52.380]  It's just ruling on point of law.
[09:52.380 --> 10:01.540]  Okay, so you would be corrective me to ask the judge to rule that my patent is a current
[10:01.540 --> 10:07.460]  and valid contract and the ultimate title of property?
[10:07.460 --> 10:08.460]  Absolutely.
[10:08.460 --> 10:14.660]  And they'd show where the case law and courts have ruled that that is in fact the case.
[10:14.660 --> 10:15.660]  Okay.
[10:15.660 --> 10:22.340]  And then the courts actually, lawyers don't do this, but the courts require you.
[10:22.340 --> 10:27.660]  You know, to argue both sides of the issue.
[10:27.660 --> 10:32.020]  The other side is going to argue that you don't have a right to this.
[10:32.020 --> 10:38.940]  So you argue that first and you say, in this circumstance, you don't have a right to this,
[10:38.940 --> 10:41.900]  but this circumstance doesn't apply here for this reason.
[10:41.900 --> 10:45.140]  And in this circumstance, it doesn't apply for this reason.
[10:45.140 --> 10:51.380]  So you show the judge when it applies, when it doesn't apply, and you try to anticipate
[10:51.380 --> 10:53.460]  what the other side is going to throw at you.
[10:53.460 --> 11:00.940]  You take all the major issues, they'll be the easiest to find, and argue against them.
[11:00.940 --> 11:04.300]  And then if they bring something up, it's going to be much lesser.
[11:04.300 --> 11:07.540]  And they're like, you know, they won't bring up, they're not likely to bring up the ones
[11:07.540 --> 11:13.260]  you've already short-circuited them on, and then they'll bring up lesser crappy stuff
[11:13.260 --> 11:16.860]  that's not likely to get them a good ruling.
[11:16.860 --> 11:22.580]  Yes, and there's not a second party in what I'm filing for, I'm just filing this strictly
[11:22.580 --> 11:24.060]  on from Mike.
[11:24.060 --> 11:29.620]  Yeah, in this case, this is, you know, this is difficult.
[11:29.620 --> 11:37.220]  I'm not sure how to, I've never done one that did not have a second party.
[11:37.220 --> 11:41.460]  So this would just be, in ray, your name.
[11:41.460 --> 11:48.140]  Can he still get a declaratory judgment when there's not an active case?
[11:48.140 --> 11:59.540]  When he's in Texas, you've got the 37 says that it has to be an active, how does it put
[11:59.540 --> 12:00.540]  it?
[12:00.540 --> 12:01.540]  Pull that up.
[12:01.540 --> 12:08.140]  There has to be something where you're confused about your rights or status, and not just
[12:08.140 --> 12:09.700]  a general question.
[12:09.700 --> 12:10.700]  That's easy to overcome.
[12:10.700 --> 12:17.420]  You know, in the Fed, you don't have to have an issue, but in Texas, you do.
[12:17.420 --> 12:34.340]  So name the county tax assessor collector as the defendant because he's trying to collect
[12:34.340 --> 12:35.340]  the tax.
[12:35.340 --> 12:47.660]  No, under 28 USC 2201 and 2202, it actually mentions, I can just go in and ask for a declaration
[12:47.660 --> 12:51.060]  if it will help prevent future litigation.
[12:51.060 --> 12:57.340]  Yes, but you're asking about a land patent, which is a state issue and not a federal
[12:57.340 --> 12:58.340]  issue.
[12:58.340 --> 13:04.380]  Are you in, okay, you're in Arizona, okay, that's, that you can go in the feds.
[13:04.380 --> 13:12.780]  In Texas, it would be a state issue, but the Bureau of Lands handles all the states except
[13:12.780 --> 13:13.780]  Texas.
[13:13.780 --> 13:19.100]  So yes, you could file that in the Fed and you don't need a opposing party.
[13:19.100 --> 13:22.460]  Yes, okay.
[13:22.460 --> 13:24.020]  So you do it in Ray.
[13:24.020 --> 13:25.020]  Okay.
[13:25.020 --> 13:28.020]  Now, okay, let me ask you one dumb question.
[13:28.020 --> 13:30.660]  I've pretty much written it up.
[13:30.660 --> 13:32.460]  It's only four pages long.
[13:32.460 --> 13:37.740]  I mean, is that that's plenty, the shorter, the better.
[13:37.740 --> 13:43.780]  Okay, I just, I just, just to see it and come back and say, well, you must be missing something
[13:43.780 --> 13:45.980]  or whatever.
[13:45.980 --> 13:54.780]  If it's clear and to the point and land patents are very well adjudicated, that's probably
[13:54.780 --> 13:55.780]  enough.
[13:55.780 --> 13:59.620]  If the court wants more, if it has questions, it'll ask you.
[13:59.620 --> 14:08.260]  This is not an adversarial procedure and you will find that the courts are very professional.
[14:08.260 --> 14:10.260]  You get up in the higher courts.
[14:10.260 --> 14:13.620]  They're not like these municipal and JP courts.
[14:13.620 --> 14:16.980]  These guys are pros and especially in dealing with the feds.
[14:16.980 --> 14:22.940]  They deal with high dollar attorneys, so they don't do all this crappy song and dance stuff.
[14:22.940 --> 14:25.020]  So you ask them a reasonable question.
[14:25.020 --> 14:30.540]  They'll give you a reasonable answer if they can't answer based on what you have asked,
[14:30.540 --> 14:34.420]  the court will tell you.
[14:34.420 --> 14:38.340]  Pay close attention to what the court rules.
[14:38.340 --> 14:43.580]  Even if they rule against you, they will tell you exactly why they're ruling against you.
[14:43.580 --> 14:48.540]  And almost certainly in this case, they won't get a rule, they're not with prejudice.
[14:48.540 --> 14:53.980]  It's not that kind of thing, but he will tell you why he's not ruling for you.
[14:53.980 --> 15:01.140]  And then you can go in and refile based on what he's told you.
[15:01.140 --> 15:02.620]  This really is civil.
[15:02.620 --> 15:05.820]  I mean, they're civil with one another.
[15:05.820 --> 15:15.340]  And especially in the fed, the federal clerks are required to work with proceeds.
[15:15.340 --> 15:20.860]  You'll find that for the most part, dealing with the federal courts is a much more pleasant
[15:20.860 --> 15:24.900]  experience than dealing with the states and the lower courts.
[15:24.900 --> 15:30.580]  I shouldn't disparage the high courts in Texas, and I mean in the states, because you especially
[15:30.580 --> 15:34.780]  get into the district courts generally, they're pretty good.
[15:34.780 --> 15:41.060]  And sometimes you'll get some clunkers, but for the most part, these courts are more professional,
[15:41.060 --> 15:47.940]  the more business-like, and you're dealing with them as long as you're civil with them,
[15:47.940 --> 15:49.860]  they'll be civil with you.
[15:49.860 --> 15:50.860]  Okay.
[15:50.860 --> 15:52.660]  Anything else, Larry?
[15:52.660 --> 15:56.500]  Just a quick point of interest.
[15:56.500 --> 16:02.140]  My federal criminal complaints hit the FBI the very end of December.
[16:02.140 --> 16:07.220]  The second week of February, the county treasurer resigned.
[16:07.220 --> 16:18.860]  And in the meantime, I sent out notices of tort to all of the lean holders on my property
[16:18.860 --> 16:26.500]  and told them they better cure this, or I was going to file federal charges against them.
[16:26.500 --> 16:33.420]  And those have all hit, and the lean holders have called the county and said, what is going
[16:33.420 --> 16:34.420]  on?
[16:34.420 --> 16:39.060]  This guy's threatening this with federal criminal charges.
[16:39.060 --> 16:44.140]  So the county is very aware of what's going on.
[16:44.140 --> 16:49.620]  And so I just, now that we have a new county treasurer, I just filed criminal charges against
[16:49.620 --> 16:50.620]  him.
[16:50.620 --> 16:51.940]  Oh, he's going to love you.
[16:51.940 --> 16:52.940]  Hang on.
[16:52.940 --> 17:00.620]  Go on to our sponsors, and we'll be right back.
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[19:54.620 --> 20:04.060]  Okay, we are back, Randy Kelton, Brett Fountain, with our radio, and we're talking to Larry
[20:04.060 --> 20:05.560]  in Arizona.
[20:05.560 --> 20:18.780]  Okay, Larry, you filed against the poor count and tax assessor when he just got in office.
[20:18.780 --> 20:21.300]  You know, he's not going to send you a Christmas card.
[20:21.300 --> 20:28.580]  You know that.
[20:28.580 --> 20:31.900]  So have you heard any kind of response on that?
[20:31.900 --> 20:32.900]  Not yet.
[20:32.900 --> 20:35.420]  It'll be interesting.
[20:35.420 --> 20:40.780]  Look in the penal code or in your criminal procedure code for Arizona.
[20:40.780 --> 20:47.060]  In Texas, you have article 2.01 that says it shall be the primary duty of the prosecuting
[20:47.060 --> 20:52.900]  attorney, not to secure conviction, but to ensure that justice is served and shall not
[20:52.900 --> 20:56.860]  secret witnesses or evidence that may show the innocence of the accused or mitigate the
[20:56.860 --> 20:57.860]  guilt of the accused.
[20:57.860 --> 21:04.580]  Now, that's nice, high-minded rhetoric, but it really doesn't tell the prosecutor to do
[21:04.580 --> 21:07.060]  anything specific.
[21:07.060 --> 21:24.780]  The first one that places a specific duty on a prosecutor and a paraphrasing is a little
[21:24.780 --> 21:30.340]  long and convoluted, but essentially what it says is when a prosecutor has it made known
[21:30.340 --> 21:37.300]  to him in any manner that a public official has violated a law relating to his office,
[21:37.300 --> 21:46.100]  it says a law, it doesn't, I'm sorry, let me back up, it violated a law, it doesn't
[21:46.100 --> 21:49.340]  say related to his office, that's slipped out.
[21:49.340 --> 21:56.100]  If a public official has violated a law, he shall reduce the complaint to an information
[21:56.100 --> 21:59.700]  and submit it to the grand jury.
[21:59.700 --> 22:05.500]  No discretion, he must give it to the grand jury, see if you have something like that
[22:05.500 --> 22:06.500]  in Arizona.
[22:06.500 --> 22:09.220]  Oh, okay, I will check that.
[22:09.220 --> 22:15.140]  Oh, I have hammered so many prosecutors for not doing that.
[22:15.140 --> 22:20.820]  It is great fun, I don't think a single prosecutor I've ever talked to knew that statute was
[22:20.820 --> 22:22.380]  there.
[22:22.380 --> 22:24.380]  Okay.
[22:24.380 --> 22:35.700]  You do have to be careful, I need to warn you, this could get to be way too much fun.
[22:35.700 --> 22:38.300]  This is actually getting interesting now.
[22:38.300 --> 22:42.940]  Okay, do you have anything else for us?
[22:42.940 --> 22:44.660]  That's it Randy, thank you very much.
[22:44.660 --> 22:52.140]  Okay, thank you Larry, now we're going to go to Peter, I don't have 513, Peter what
[22:52.140 --> 22:54.580]  the state is 513?
[22:54.580 --> 22:56.580]  That's Ohio.
[22:56.580 --> 23:00.820]  Ohio, okay, what do you have for us today?
[23:00.820 --> 23:09.980]  Yeah, I just had, I have something that might seem a little trivial compared to so many of
[23:09.980 --> 23:10.980]  our other callers.
[23:10.980 --> 23:19.780]  No, no, no, wait, wait, this is about due process and it has been my experience that
[23:19.780 --> 23:25.940]  the most important place in law is the trivial stuff.
[23:25.940 --> 23:26.940]  Okay.
[23:26.940 --> 23:34.660]  It's the best place to exercise the law and figure out how it works because if you've
[23:34.660 --> 23:39.780]  got a ticket, what are you going to do, they're going to charge you 300 bucks.
[23:39.780 --> 23:44.380]  If you pay it or if you fight it, the worst is going to happen, you're going to have to
[23:44.380 --> 23:45.380]  pay 300 bucks.
[23:45.380 --> 23:51.220]  So it's a great place to take them on and work out how the law works.
[23:51.220 --> 23:53.340]  So don't be bashful about trivial issues.
[23:53.340 --> 23:58.940]  Right, yeah, and before I figured out, I'd call it and see what you had to say about
[23:58.940 --> 23:59.940]  it.
[23:59.940 --> 24:07.900]  Anyway, me and my wife moved into a house in a pretty stereotypical neighborhood here
[24:07.900 --> 24:17.180]  a few years ago and for as long as we lived there, there's been a, the bus, the stop
[24:17.180 --> 24:22.140]  for the school bus has been at the corner of our yard.
[24:22.140 --> 24:33.580]  So we live on the corner of a tea intersection and since the beginning, there's been trash
[24:33.580 --> 24:37.780]  and litter and stuff like that and we eventually got tired of it.
[24:37.780 --> 24:46.260]  So we decided to look into it, you know, if the bus stop really had to be right there
[24:46.260 --> 24:51.900]  and we found something in the, me and my wife found something in the Ohio administrative
[24:51.900 --> 25:04.580]  code saying that students or pupils might be, or may have to walk up to a half mile
[25:04.580 --> 25:12.860]  to their bus stop or whatever and it's definitely a way less than that to where it's at now
[25:12.860 --> 25:18.140]  and that's the distance to a main road.
[25:18.140 --> 25:28.620]  So we called the director of transportation at the school in question and basically told
[25:28.620 --> 25:37.820]  us only more was going on and he said at first he seemed like he was going to move it right
[25:37.820 --> 25:47.220]  away, you know, no problems and eventually he called up to some parents I guess to tell
[25:47.220 --> 25:54.700]  them they was being moved or at least that's what he told me and my wife and I guess he
[25:54.700 --> 26:05.860]  got some significant backlash from that and then he basically just sleeps and said well
[26:05.860 --> 26:12.580]  I got some backlash here so from the parents so I'm not going to move it after all.
[26:12.580 --> 26:23.580]  Is there anything in Ohio code that stipulates where a bus stop or a school bus stop must
[26:23.580 --> 26:25.020]  be?
[26:25.020 --> 26:37.860]  From what we found there's only a few safety things in there, you know, it has to be in
[26:37.860 --> 26:44.220]  the safety enough area and I don't have the stuff in front of me right now but basically
[26:44.220 --> 27:00.540]  the one we found was saying that students could be required to walk up to a half mile
[27:00.540 --> 27:05.300]  so that's all I could tell you from the top of my head right now unfortunately.
[27:05.300 --> 27:12.500]  If there is discretion left to the public officials then you'll probably have a hard
[27:12.500 --> 27:17.620]  time getting around that so there may be another way to do this.
[27:17.620 --> 27:28.900]  Have you filed complaints or have you given the school notice that the positioning of
[27:28.900 --> 27:39.140]  their bus stop has caused a harm to you in that the children are trashing up your property
[27:39.140 --> 27:49.220]  and causing you harm that's called a tort letter.
[27:49.220 --> 27:56.580]  Before you can take action against anyone you must give them notice an opportunity to
[27:56.580 --> 28:06.460]  cure and that's called a tort letter so it says you say you know we have had to spend
[28:06.460 --> 28:10.980]  all this time or pay people to come in and clean up our yard to get rid of all the trash
[28:10.980 --> 28:16.980]  these kids are leaving here and it costs us this much money and all this aggravation and
[28:16.980 --> 28:28.540]  stress because I am obsessive compulsive and I have to have everything just so and when
[28:28.540 --> 28:37.540]  they mess up my yard it causes me incredible emotional distress okay could be a minor fib
[28:37.540 --> 28:44.700]  it could be obsessive compulsive and I have been harmed make me wholly be sued so imagine
[28:44.700 --> 28:52.860]  you're the principal and you get this letter from a citizen saying that where you put your
[28:52.860 --> 28:58.860]  bus stops causing me harm because these kids are messing up my property and you send me
[28:58.860 --> 29:11.060]  all this money or I'll sue you what are you what are you going to say to those kids there
[29:11.060 --> 29:18.620]  may be a political way of making of making this go away you may have to present yourself
[29:18.620 --> 29:29.260]  as a horses behind but what the heck I get I personally I get that a lot my wife's ringer
[29:29.260 --> 29:40.260]  on her phone for me is a jackass break I don't know why she do that but yeah this is probably
[29:40.260 --> 29:48.780]  if they have discretion and I I suspect if I was the principal and you didn't want to
[29:48.780 --> 29:54.660]  bus stop in front of your house I would say you know that's a concern but it's not a consideration
[29:54.660 --> 30:05.900]  my consideration is going to be where is the best keep your voice down the government
[30:05.900 --> 30:12.540]  now has Russian technology that matches identities to voices so we can tell who's doing the talking
[30:12.540 --> 30:18.780]  I'm Dr. Katherine Albrecht back to tell you how it works after this privacy is under attack
[30:18.780 --> 30:23.300]  when you give up data about yourself you'll never get it back again and once your privacy
[30:23.300 --> 30:29.300]  is gone you'll find your freedoms will start to vanish too so protect your rights say no
[30:29.300 --> 30:35.100]  to surveillance and keep your information to yourself privacy it's worth hanging onto
[30:35.100 --> 30:40.060]  this message is brought to you by start page dot com the private search engine alternative
[30:40.060 --> 30:48.660]  to Google Yahoo and Bing start over with start page since 2001 when the Patriot Act opened
[30:48.660 --> 30:54.580]  the doors to electronic surveillance big brother is gone crazy vacuuming up all of our data
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[30:59.900 --> 31:05.940]  voice grid nation and it analyzes and identifies voices courtesy of Russia's speech technology
[31:05.940 --> 31:11.540]  center when authorities intercept a call the speakers voices compared to millions of others
[31:11.540 --> 31:16.900]  like a fingerprint how long does it take for a match three seconds so watch what you say
[31:16.900 --> 31:21.980]  on the phone comrades whether you say your name or not big brother may know who's talking
[31:21.980 --> 31:31.620]  to Dr. Catherine Albright for start page dot com the world's most private search engine
[31:31.620 --> 31:37.900]  I lost my son my uncle my son on September 11th 2000 most people don't know that a third
[31:37.900 --> 31:43.980]  tower fell on September 11th World Trade Center 7 a 47 story skyscraper was not hit by a plane
[31:43.980 --> 31:49.900]  although the official explanation is that fire brought down building seven over 1200 architects
[31:49.900 --> 31:54.180]  and engineers looked into the evidence and believe there's more to the story bring justice
[31:54.180 --> 32:00.460]  to my son my uncle my nephew my son go to building what dot org why it fell why it matters
[32:00.460 --> 32:07.260]  and what you can do logos radio network welcomes a new show to our lineup for the new year scripture
[32:07.260 --> 32:13.500]  talk with Nana will begin Wednesday January 8th from 8 to 10 p.m. central time our goal
[32:13.500 --> 32:19.100]  is in accord with Matthew 516 let your light so shine before men that they may see your
[32:19.100 --> 32:24.620]  good works and glorify your father which is in heaven we wish to reflect God's light
[32:24.620 --> 32:29.860]  and be a blessing to all those with a hearing ear join Nana and guests for both verse by
[32:29.860 --> 32:36.260]  verse Bible studies and topical Bible studies designed to provoke unto love and good works
[32:36.260 --> 32:40.740]  our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[32:40.740 --> 32:46.460]  one chapter per week our topical Bible studies will vary each week and will explore sound
[32:46.460 --> 32:52.260]  doctrine as well as Christian character development so mark your calendar and join us live on
[32:52.260 --> 32:58.980]  logo radio network dot com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring
[32:58.980 --> 33:06.780]  and motivating discussion of the scriptures live free speech radio logos radio network
[33:06.780 --> 33:26.780]  dot com
[33:26.780 --> 33:45.020]  okay we are back Randy Kelton Brett Mountain rule of law radio on this Friday the sixth
[33:45.020 --> 33:55.140]  day of May 2020 and we're talking to Peter in what was where were you at Peter he's
[33:55.140 --> 34:03.340]  in Ohio Ohio that's right Ohio okay I have a suggestion you know I'm a grandpa and I
[34:03.340 --> 34:14.220]  had kids of my own and a strange thing happens around 12 or 13 puberty causes brain damage
[34:14.220 --> 34:27.140]  girls get over it about 19 or 20 boys never do but if you mess with these kids they'll
[34:27.140 --> 34:33.140]  get back at you it may cause them horrible grief when they do but that's what they'll
[34:33.140 --> 34:42.500]  do when kids reach this age they begin to become begin to have a sense of themselves
[34:42.500 --> 34:52.060]  and they will do everything they can to get you to give them something to rebel against
[34:52.060 --> 35:00.780]  suggestion take a cold day and go out there with some hot chocolate and say guys you look
[35:00.780 --> 35:10.820]  cold who would like some hot chocolate one time of that and it's about treating these
[35:10.820 --> 35:17.660]  children as if they are human beings with dignity and respect one time and they'll beat
[35:17.660 --> 35:26.180]  hell out anybody who throws anything in your yard you'll never win this with the principal
[35:26.180 --> 35:33.940]  in the school you'll win it by schmoozing the kids a little bit or open your Wi-Fi to
[35:33.940 --> 35:40.180]  tell guys you need Wi-Fi you know we've opened ours up so you can why you're here if you
[35:40.180 --> 35:45.020]  need Wi-Fi just hook on if they think you're a great guy and you think about them and treat
[35:45.020 --> 35:50.260]  them with a little respect they will go out of their way not to cause you difficulty you
[35:50.260 --> 35:57.300]  know this this show is about legal reform it's about fighting the system but we only
[35:57.300 --> 36:03.620]  start fights when we have to if we find another way around it's always better especially when
[36:03.620 --> 36:13.220]  we date with the kids and part of that's my grandpa side so I just want to ask you what
[36:13.220 --> 36:21.860]  counts as a tort letter can it couldn't be an email or yeah email anything just tell them
[36:21.860 --> 36:28.620]  that I'm being harmed make me hold to be sued and he will take that and send it to the and
[36:28.620 --> 36:35.060]  there's no special form for a tort letter generally generally when I do a tort letter I like to
[36:35.060 --> 36:43.140]  write a suit a civil suit but instead of putting a court heading on the top I put a business
[36:43.140 --> 36:49.340]  letter heading on the top that's the only real difference but that's when I really
[36:49.340 --> 36:54.580]  intend to kick somebody's behind because they read my tort letter and you know they'll give
[36:54.580 --> 37:00.900]  it to their lawyer the lawyer will read it he'll say this guy's already written a suit
[37:00.900 --> 37:10.500]  so he is not screwing around he's fixing to sue you so you might want to do something
[37:10.500 --> 37:18.460]  but in your case this is an issue that may be solved better without a fight because if
[37:18.460 --> 37:23.420]  you file a tort letter with principle he's going to get a hold of these kids read them
[37:23.420 --> 37:37.660]  the riot act and they're going to be PO to you watch out Halloween one thing you have
[37:37.660 --> 37:45.980]  to do is you have to wash those eggs off really quicker they'll take the paint that's true
[37:45.980 --> 37:53.140]  what Halloween I live in a small town the kids had a big egg fight the guy kitty cornered
[37:53.140 --> 38:00.180]  from me called me just wailing and righteous indignation about these kids these hoodlums
[38:00.180 --> 38:06.100]  out here having an egg fight and I said well they're not doing drugs you're going out and
[38:06.100 --> 38:10.980]  getting drunk you have to get an egg all over my building we'll get out there in the water
[38:10.980 --> 38:17.300]  hose and wash it off their kids were crying out loud so I went out there and my daughter
[38:17.300 --> 38:22.300]  ran past and this kid jumped out from behind a bush with an egg in his hand he drew back
[38:22.300 --> 38:28.380]  and I jumped out in front of him and he froze oh Mr. Kelton I said were you going to throw
[38:28.380 --> 38:35.100]  that egg at my daughter this egg yeah that egg well and I do back and hit him right between
[38:35.100 --> 38:42.900]  the eyes with an egg and the fight was on it was great we they came back the kids came
[38:42.900 --> 38:48.820]  back the next day and washed down the eggs and cleaned up the toilet paper just treating
[38:48.820 --> 38:57.540]  my humans yeah yeah kids are great if you just handle them and understand at this age
[38:57.540 --> 39:07.460]  they need something to rebel against you don't want to be that guy my daughter asked me once
[39:07.460 --> 39:17.460]  when she was 13 dad what would you do if I got on drugs oh gosh she's setting me up she's
[39:17.460 --> 39:23.740]  trying to find something to rebel against and this is a big deal so I was terrified I thought
[39:23.740 --> 39:33.780]  about it and finally I said well if you got on drugs I would feel really bad but at the
[39:33.780 --> 39:43.900]  end of the day I'd be glad it wasn't me on drugs and she said oh went back to her room
[39:43.900 --> 39:53.060]  my wife looked at me and said well you dodged that bullet yeah I hope I did I think I did
[39:53.060 --> 40:00.380]  drugs never became a problem so my point is is these are kids and we they're dangerous
[40:00.380 --> 40:10.820]  yeah the law is not going to mean squat yeah they got all these hormones going and they'll
[40:10.820 --> 40:16.340]  act ignorant if we don't handle them right and and we're grown-ups it's our job to teach
[40:16.340 --> 40:23.220]  and yeah if we can teach them that all of the people around them are not bad guys and
[40:23.220 --> 40:28.820]  everybody don't hate them only their parents are bad guys other people are pretty cool
[40:28.820 --> 40:39.580]  anyway okay any other questions that'll clarify the tort letter for you know we ended up going
[40:39.580 --> 40:46.580]  a little further than that so my wife in contact she did is she did originally write an email
[40:46.580 --> 40:54.980]  that I would probably think would specify as a tort letter and the key the key words to
[40:54.980 --> 41:06.460]  a tort letter are you have harmed me in this amount make me whole or be sued that will
[41:06.460 --> 41:16.580]  change it from a gripey complaining letter to a notice of tort okay and they will not
[41:16.580 --> 41:22.100]  miss that part especially when they give it to their lawyer the lawyer will say oh yeah
[41:22.100 --> 41:33.940]  this guy's getting ready to sue you he's not kidding mm-hmm okay right yeah and then we
[41:33.940 --> 41:41.180]  um well she had some email communication back and forth there and then in her second
[41:41.180 --> 41:48.900]  or third email she included she cc'd the board of the school because the director of transportation
[41:48.900 --> 41:56.740]  had said that he was gonna be in contact with the board in regards to this issue and once
[41:56.740 --> 42:09.660]  she did that he got really upset and basically referred us to his superior who is the director
[42:09.660 --> 42:16.500]  of business and operations at the school no heck with that go to the school board go to
[42:16.500 --> 42:25.380]  the president school board okay you you are a citizen of a republic you don't work for
[42:25.380 --> 42:34.020]  these guys they all work for you you go to the top you don't mess with these guys down
[42:34.020 --> 42:40.940]  on the bottom when I had a problem with a dps officer I called the director of the department
[42:40.940 --> 42:46.980]  of public safety colonel Adams and I crawled down his throat like he was an errant stepchild
[42:46.980 --> 42:53.820]  and when I got through chewing on him everybody got chewed on so don't mess with these guys
[42:53.820 --> 43:01.100]  go straight to the uh however your boards are set up the president or chairman whoever
[43:01.100 --> 43:07.700]  the head of the school board is go to him right okay so the tort letter should really
[43:07.700 --> 43:13.860]  be sent to to them in that case yeah the head of the school board that's the only one you
[43:13.860 --> 43:23.260]  want to talk to everybody else are inferiors you didn't hire those guys you voted in this
[43:23.260 --> 43:26.980]  head of the school board he's the one that answers to you and everybody else answers
[43:26.980 --> 43:36.020]  to him and when he gets annoyed by a citizen everybody else gets a lot more annoyance this
[43:36.020 --> 43:43.620]  goes to the politics and what if uh what if they don't respond how do you make them respond
[43:43.620 --> 43:53.700]  or so okay all right it's not that difficult hang on going to our sponsors Randy Kelton
[43:53.700 --> 44:02.540]  Brett Fountain with our radio we'll be right back are you being harassed by debt collectors
[44:02.540 --> 44:07.740]  with phone calls letters or even lawsuits stop debt collectors now with the Michael
[44:07.740 --> 44:12.540]  mirrors proven method Michael mirrors has won six cases in federal court against debt
[44:12.540 --> 44:17.620]  collectors and now you can win two you'll get step-by-step instructions in plain English
[44:17.620 --> 44:22.420]  on how to win in court using federal civil rights statutes what to do when contacted
[44:22.420 --> 44:27.940]  by phone mail or court summons how to answer letters and phone calls how to get debt collectors
[44:27.940 --> 44:32.540]  out of your credit report how to turn the financial tables on them and make them pay
[44:32.540 --> 44:38.860]  you to go away the Michael mirrors proven method is the solution for how to stop debt collectors
[44:38.860 --> 44:44.660]  personal consultation is available as well for more information please visit ruleoflawradio.com
[44:44.660 --> 44:49.980]  and click on the blue Michael mirrors banner or email Michael mirrors at yahoo.com that's
[44:49.980 --> 44:59.460]  ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[44:59.460 --> 45:06.060]  now are you the plaintiff or defendant in a lawsuit win your case without an attorney
[45:06.060 --> 45:11.980]  with jurisdictionary the affordable easy to understand for cd course that will show you
[45:11.980 --> 45:19.300]  how in 24 hours step-by-step if you have a lawyer know what your lawyer should be doing
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[45:57.580 --> 46:02.580]  866-LAW-E-Z
[46:27.580 --> 46:48.580]  what i'm wishing for when i'm hungry i like to know just what i'm wishing for i ain't asking for much i ain't trying to be no blood i'm just here making my living push and button i get my message out
[46:48.580 --> 47:07.580]  to anyone and shout and distance vote for bravery and against slavery show and resist us first i'm crawling then i'm walking then i start strutting just so glad to make my living push and button
[47:07.580 --> 47:19.580]  okay we are back randy kelton rule of law radio and we're talking to peter in ohio peter do you have anything else for us
[47:19.580 --> 47:24.580]  um no that's probably about it for for now
[47:24.580 --> 47:27.580]  okay thank you peter and good luck
[47:27.580 --> 47:29.580]  all right thanks for time
[47:29.580 --> 47:39.580]  okay bye okay now we're going to felice 484 where is 484
[47:39.580 --> 47:41.580]  pennsylvania
[47:41.580 --> 47:44.580]  pennsylvania oh i should have known that
[47:44.580 --> 47:49.580]  yeah i'm calling from a landline uh exception spot here
[47:49.580 --> 47:51.580]  so i don't want to be to go
[47:53.580 --> 47:55.580]  go ahead
[47:55.580 --> 47:57.580]  um
[47:57.580 --> 48:01.580]  charges my initial charges for all this drive
[48:01.580 --> 48:03.580]  wait a minute you're breaking up again
[48:03.580 --> 48:05.580]  oh really
[48:05.580 --> 48:07.580]  this shouldn't happen on a landline
[48:07.580 --> 48:11.580]  hold on one second
[48:11.580 --> 48:13.580]  any better
[48:13.580 --> 48:15.580]  can you hear me now
[48:15.580 --> 48:23.580]  we can hear you fine but when you start talking it's like the the the the line is loading up and it starts dropping packets
[48:23.580 --> 48:27.580]  just cut out for about half a second or
[48:27.580 --> 48:29.580]  hold on one second
[48:29.580 --> 48:31.580]  okay try again
[48:31.580 --> 48:35.580]  how does it sound now any any better
[48:35.580 --> 48:37.580]  much better
[48:37.580 --> 48:43.580]  okay all right um yeah i think i believe you're asking about the charges that i was initially
[48:43.580 --> 48:45.580]  initially filed against me i think that's where i cut out last time
[48:45.580 --> 48:47.580]  okay
[48:47.580 --> 48:55.580]  all right um i'm sure i could do i uh i was literally doing the responsible things sleeping in my truck
[48:55.580 --> 48:59.580]  you know in a municipal park and a lot you know where you're allowed to park
[48:59.580 --> 49:01.580]  and that's where everything started
[49:01.580 --> 49:07.580]  so it was a a transportation transportation related offense but
[49:07.580 --> 49:13.580]  it's one of the ones that they um they bring out a misdemeanor level not a not a summary offense level
[49:13.580 --> 49:19.580]  uh that's that's the initial cause of action against me
[49:19.580 --> 49:23.580]  does pennsylvania have a sleeping under the influence
[49:23.580 --> 49:27.580]  well uh to answer your question on that um
[49:27.580 --> 49:35.580]  uh we researched case on on this particular circumstance and it's been pretty well established
[49:35.580 --> 49:41.580]  um from the supreme court of the state that the totality of the circumstances are what
[49:41.580 --> 49:51.580]  what um they have to prove physical control on a motor vehicle
[49:51.580 --> 49:57.580]  um and physical control was established in totality circumstances so if i was to have
[49:57.580 --> 50:05.580]  driven to a gas station filled up and parked chances are i drove there under the influence
[50:05.580 --> 50:13.580]  um so that's kind of we shepherds those cases and it seems pretty cut and dry that that is an
[50:13.580 --> 50:21.580]  affirmative defense that will hold water um wait a minute wait a minute did you have um
[50:21.580 --> 50:29.580]  okay you were in a municipal parking lot or correct okay was there a place within walking
[50:29.580 --> 50:36.620]  distance that had alcohol uh yes that's part of the totality of circumstances that you know i mean
[50:38.140 --> 50:44.380]  exactly yeah there there was so it wasn't necessary for you to drive to that location
[50:44.380 --> 50:52.060]  under the influence correct correct okay this goes to they don't care
[50:52.060 --> 51:00.940]  they're going to try to force you to make a deal i i understand completely it's definitely a neat
[51:00.940 --> 51:09.420]  grinder um did you did you requested your retrial i haven't gotten to that part yet uh it was um it
[51:09.420 --> 51:17.100]  was the um the preliminary hearing okay wait wait wait wait we haven't gotten to that part
[51:17.100 --> 51:25.180]  how did the officer make the initial stop what was his probable cause
[51:26.940 --> 51:33.900]  were you illegally parked well i i handled i handled the first interact yeah i was parked
[51:33.900 --> 51:41.100]  i was sleeping and the guy knocked on my window you know i i rolled up and down hey what's up
[51:41.100 --> 51:50.060]  he was checking on me nights on a i fell asleep you know a long week um i i handled the interaction
[51:50.060 --> 51:58.060]  with the officer pretty well um but neither here or there he cost me me how did he get to
[51:58.700 --> 52:06.620]  alcohol he said he smelled it were there open containers in the vehicle no
[52:06.620 --> 52:16.860]  hmm the fact that you okay you were in a municipal parking lot
[52:19.100 --> 52:25.020]  i'm i'm thinking you're uh what state pennsylvania pennsylvania
[52:25.020 --> 52:35.980]  yeah i'm i'm more familiar with uh problem cause in texas but it's probably similar
[52:37.980 --> 52:44.620]  well the way i understand it all an officer needs is um reasonable suspicion
[52:45.820 --> 52:50.940]  suspicion okay parked in a parking lot asleep in the truck what is the reasonable suspicion
[52:50.940 --> 53:00.540]  um uh it's a very low bar and then at that point you can use whatever excuse he has to
[53:00.540 --> 53:07.100]  turn it into probable cause and you know i i don't know what was what was the suspicion the fact that
[53:07.100 --> 53:16.460]  you were parked in your truck and not driving like suspicion of a crime is what he's saying
[53:16.460 --> 53:23.660]  what crime did he have reasonable suspicion to believe that you had committed
[53:24.780 --> 53:30.860]  none whatsoever but that's you know obviously not the way they operate have you filed criminally
[53:30.860 --> 53:37.260]  against the officer uh no i have not like i had said initially i was i was kind of holding off on
[53:37.260 --> 53:43.100]  him or in everybody until i went through their process um you know i i kind of was of the feeling
[53:43.100 --> 53:50.060]  that if i pressed them too hard on this particular issue that they would dig their heels in whereas
[53:50.060 --> 53:57.500]  i'm hoping again i'm i'm going to tell you from my experience if you don't plead guilty they're
[53:57.500 --> 54:06.780]  going to dig their heels in period okay that's just what they do they feel like they can force
[54:06.780 --> 54:16.140]  everybody to take a deal they have the the tools to do that with and they will hammer you and hammer
[54:16.140 --> 54:23.180]  you and hammer you until you take a deal you go straight for their throats immediately
[54:24.220 --> 54:29.100]  and they know they're going to have themselves a fight and that's why i asked you about a jury
[54:29.100 --> 54:35.340]  trial because first thing you tell them we'll see what everything they say we'll see what a jury has
[54:35.340 --> 54:42.140]  to say about that they say blah blah blah you tell them the jury's going to throw you guys under the
[54:42.140 --> 54:49.580]  bus if the prosecutor knows that you're prepared to take them to a jury you're not willing to give
[54:49.580 --> 54:55.100]  an inch that you're absolutely certain that a jury will acquit you you guys just take your best shot
[54:55.100 --> 55:02.060]  because when i get acquitted by a jury i'm coming for your throats every chance every opportunity
[55:02.060 --> 55:08.380]  you get filed against them a professional conduct complained against the officers probably would be
[55:08.380 --> 55:20.700]  the most powerful claim that he violated law he violated your rights due to insufficient training
[55:20.700 --> 55:29.820]  and file find out who certifies peace officers in pennsylvania and file with them that'll sting him
[55:29.820 --> 55:35.260]  and then when he goes to the court and makes a statement that you don't believe is accurate
[55:35.260 --> 55:44.380]  file against him again and the cop will have a fit because six generally six complaints and he
[55:44.380 --> 55:55.900]  becomes uninsurable okay it's a dirty trick you hit him in a weak spot when he becomes uninsurable
[55:55.900 --> 56:04.380]  he's unemployable you end his career we have scott richeson two times in a county he filed against
[56:04.380 --> 56:13.500]  a t close complaint here in texas texas um what is it brett texas
[56:13.500 --> 56:25.740]  is law in for that i forget t condition on law enforcement yeah tclos yeah texas commission
[56:25.740 --> 56:30.380]  on law enforcement i was trying to stick an e in there well there used to be an e in there they
[56:30.380 --> 56:38.140]  used to have an education in their title and they took it out so uh six of those in this and the
[56:38.140 --> 56:43.820]  insurance carrier will raise their bond rating for the whole department i had to fire the guy and scott
[56:43.820 --> 56:49.100]  fire in two counties filed a tclos complaint against the officer next time we went to court the
[56:49.100 --> 56:57.020]  officer is gone he said heck with this this guy's going to ruin my career i'm out of here and since
[56:57.020 --> 57:03.100]  it's oppression conduct complaints not anything they can do about it so if he wants to play hardball
[57:03.100 --> 57:11.660]  introduce him to hardball charge him with aggravated perjury has nothing to do with the
[57:11.660 --> 57:16.460]  adjudication of your case it's totally separate if they ever bring it up whoever brings it up
[57:16.460 --> 57:25.180]  charge them with witness tampering and obstruction and they say man this guy is he's he's kryptonite
[57:26.300 --> 57:31.500]  you can't touch this guy and he comes after you so you want to fight i'll give you one
[57:31.500 --> 57:37.500]  one my last case in austin they dismissed the case to protect my lawyer from me
[57:39.340 --> 57:43.740]  as i'm going after them they had they were charging me with a class a misdemeanor
[57:44.460 --> 57:51.100]  and resisting arrest when the officer grabbed me smashing in the wall broke my tooth when i
[57:51.100 --> 58:01.020]  told him to be it well when i told him what part of i do not want to talk to you do you not understand
[58:01.020 --> 58:05.740]  he lost it and smacked me in the wall broke my tooth and arrested me to cover up for what he did
[58:07.580 --> 58:12.540]  then i went after them and they dismissed the case to protect my lawyer from you that's someone
[58:12.540 --> 58:20.140]  where you would get this thing done you've got to become more dangerous to them than your case is
[58:20.140 --> 58:30.620]  worth okay uh well i got hang hang we hang on we're we're about to go to our sponsors and i don't always
[58:30.620 --> 58:39.260]  say that uh if you're this more i'll explain this on the other side but in your case i think your
[58:39.260 --> 58:49.660]  only thing is to go after them at randy kelton brett fountain rule of law radio we'll be right back
[58:50.300 --> 58:56.300]  would you like to make more definite progress in your walk with god bibles for america is offering
[58:56.300 --> 59:01.820]  a free study bible and a set of free christian books that can really help the new testament
[59:01.820 --> 59:07.100]  recovery version is one of the most comprehensive study bibles available today it's an accurate
[59:07.100 --> 59:12.140]  translation and it contains thousands of footnotes that will help you to know god and to know the
[59:12.140 --> 59:18.540]  meaning of life the free books are a three-volume set called basic elements of the christian life
[59:18.540 --> 59:24.460]  chapter by chapter basic elements of the christian life clearly presents god's plan of salvation
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[59:30.940 --> 59:40.620]  and basic elements of the christian life call bibles for america toll free at 888-551-0102
[59:40.620 --> 59:49.180]  that's 888-551-0102 or visit us online at bfa.org
[59:49.180 --> 59:58.460]  you're listening to the logos radio network at logos radio network dot com
[01:00:00.780 --> 01:00:04.620]  the following is flash is brought to you by the lone star of lowdown
[01:00:06.540 --> 01:00:12.700]  markets for monday the 22nd of july 2019 open with precious metals gold at $1429
[01:00:12.700 --> 01:00:21.020]  an ounce silver $16.45 an ounce copper $2.75 an ounce oil texas crude $55.63 a barrel
[01:00:21.020 --> 01:00:28.700]  Brent crude $62.47 a barrel and cryptos in order of market cap bitcoin core $10,566.52
[01:00:29.340 --> 01:00:40.140]  ethereum $227.26 xrp ripple $0.33 white coin $100.31 and bitcoin cash is at $324.10
[01:00:40.140 --> 01:00:51.660]  cents a crypto coin today in history the year 1916 the preparedness day bombing a time suitcase
[01:00:51.660 --> 01:00:56.620]  bomb was detonated on market street in san francisco during the world war one preparedness
[01:00:56.620 --> 01:01:06.860]  day parade killing 10 and entering 40 today in history and recent news since governor greg abbot
[01:01:06.860 --> 01:01:12.460]  signed house bill 1325 legalizing heaven attacks his law back in june county prosecutors around
[01:01:12.460 --> 01:01:17.180]  the state including houston austin sandtonium have been dropping marijuana possession charges
[01:01:17.180 --> 01:01:21.660]  and even refusing to file new ones since they are stipulating that they do not have the time
[01:01:21.660 --> 01:01:26.940]  or the laboratory equipment to test the earth for thc margaret moore the travis county district
[01:01:26.940 --> 01:01:31.340]  attorney announced earlier this month that she was dismissing 32 felony possession and delivery
[01:01:31.340 --> 01:01:36.540]  of marijuana cases because of the law mr abbot and other state officials including the attorney
[01:01:36.540 --> 01:01:41.500]  general stipulated in a letter to county district attorneys back on thursday that marijuana has not
[01:01:41.500 --> 01:01:46.620]  been decriminalized in texas and that these actions demonstrate a misunderstanding of how hv
[01:01:46.620 --> 01:01:54.700]  1325 works as well as other cities too like the district attorney in alpaso kaina asparza a democrat
[01:01:54.700 --> 01:01:59.900]  who also stated earlier this month that the law quote will not have an effect on the prosecution
[01:01:59.900 --> 01:02:05.500]  of marijuana cases in alpaso however the issue was succinctly summarized by mr brandon ball in
[01:02:05.500 --> 01:02:10.460]  assistant public defender in harris county who stated that quote the law is constantly changing
[01:02:10.460 --> 01:02:14.940]  on what makes something illegal based on its chemical makeup it's important that if someone is
[01:02:14.940 --> 01:02:24.380]  charged with something the test matches what they're charged with a paper by tulane university
[01:02:24.380 --> 01:02:29.420]  identified a five and a half inch american pocket shark as the first of its kind in the guvah
[01:02:29.420 --> 01:02:35.500]  metago the specimen being only the second pocket shark ever captured or recorded with the other
[01:02:35.500 --> 01:02:41.020]  one being found way back in 1979 in the east pacific ocean according to the university paper the
[01:02:41.020 --> 01:02:47.740]  shark secretes a luminous fluid from a gland near its front fins for the purpose it is hypothesized
[01:02:47.740 --> 01:03:00.940]  to lure and pray who may be drawn into the glow this is work roadie with a lowdown for july 22nd 2019
[01:03:17.740 --> 01:03:28.940]  that is why
[01:03:47.740 --> 01:03:52.540]  Oops, hit the button too quick.
[01:03:52.540 --> 01:04:01.500]  Okay, Randy Kelton Rooval Radio, Randy Kelton Brett Fountain Rooval Radio, and I've got
[01:04:01.500 --> 01:04:04.860]  me hearing A.D. and I'm getting some feedback.
[01:04:04.860 --> 01:04:11.100]  Can you guys, is the squealing in my ear bothering you, Brett?
[01:04:11.100 --> 01:04:16.820]  It's not, I'm not hearing any squealing.
[01:04:16.820 --> 01:04:17.820]  It's in my head.
[01:04:17.820 --> 01:04:23.660]  If there's a great movie out called The Gods Must Be Crazy, and there's a section in there
[01:04:23.660 --> 01:04:33.540]  that says, is the noise in my ears bothering you, you know, she's got tenonitis, and she's
[01:04:33.540 --> 01:04:38.820]  asking other people to smother them.
[01:04:38.820 --> 01:04:46.020]  I was boasting up once, and this is my left ear squeals all the time, so I guess it's
[01:04:46.020 --> 01:04:47.020]  not bothering you.
[01:04:47.020 --> 01:04:55.820]  Okay, we're going back to Felice, hello, okay, okay, Felice, we're back, I'm going
[01:04:55.820 --> 01:05:01.740]  to release the track before I'm out here.
[01:05:01.740 --> 01:05:02.740]  You there?
[01:05:02.740 --> 01:05:04.240]  Yes, I am here.
[01:05:04.240 --> 01:05:06.740]  Okay, where were we?
[01:05:06.740 --> 01:05:13.740]  You were talking about doing a misconduct officer misconduct.
[01:05:13.740 --> 01:05:23.020]  Oh, okay, I did something that I'm cautious about doing.
[01:05:23.020 --> 01:05:25.420]  I'm telling you to go for the fruits.
[01:05:25.420 --> 01:05:33.740]  I had a guy emailing me, and he was using my techniques, and he told me he went to court,
[01:05:33.740 --> 01:05:42.260]  and they got a new judge, and the judge was a real jerk, and he recused him, and the judge
[01:05:42.260 --> 01:05:46.860]  denied his recusal, and took his kids away from him.
[01:05:46.860 --> 01:05:50.020]  What?
[01:05:50.020 --> 01:05:54.940]  You're kicking the judge in the teeth, and your kids are in the middle?
[01:05:54.940 --> 01:05:55.940]  Holy crap!
[01:05:55.940 --> 01:05:59.420]  I said, no, no, don't fight this fight.
[01:05:59.420 --> 01:06:01.860]  Your kids will pay for it if you fight this fight.
[01:06:01.860 --> 01:06:05.340]  The judge has got the kids to use against you.
[01:06:05.340 --> 01:06:06.340]  Back off.
[01:06:06.340 --> 01:06:11.340]  Okay, the judge is a jerk, he's doing everything wrong.
[01:06:11.340 --> 01:06:14.060]  Get your kids first.
[01:06:14.060 --> 01:06:15.060]  Get that taken care of.
[01:06:15.060 --> 01:06:19.300]  Once you've got your kids, and you've got that situation handled, then you can go back
[01:06:19.300 --> 01:06:25.420]  and have to the judge if you want to, and that's a strategic position.
[01:06:25.420 --> 01:06:32.540]  So I'm telling him not to do what I'm telling you to do, and the reason I'm saying this
[01:06:32.540 --> 01:06:40.060]  is I've been where you are, and every time I try to work with the system, the systems
[01:06:40.060 --> 01:06:48.580]  come after me like crazy, and they do everything they can to grind you in the dirt until you
[01:06:48.580 --> 01:06:54.860]  take their deal, and the more you resist the deal, the more they'll throw at you.
[01:06:54.860 --> 01:07:00.820]  But when they come at you and you go right back at them, then all of a sudden you become
[01:07:00.820 --> 01:07:04.060]  dangerous to them and their careers.
[01:07:04.060 --> 01:07:08.540]  Now they want to come to the table and make a deal that you can't back away from.
[01:07:08.540 --> 01:07:12.900]  I once represented myself in a case where I filed criminal charges with the grand jury
[01:07:12.900 --> 01:07:19.820]  against a judge, and he prosecuted me for operating a private investigator business without a license
[01:07:19.820 --> 01:07:29.500]  because my card said investigative journalist, and he said the investigative part meant that
[01:07:29.500 --> 01:07:32.420]  I was a private investigator.
[01:07:32.420 --> 01:07:36.820]  I made the mistake of representing myself, and the jury threw the book at me, gave me
[01:07:36.820 --> 01:07:41.340]  a year in jail, and I did what you were doing.
[01:07:41.340 --> 01:07:45.820]  That was one of the reasons why I didn't want to have a jury, believe it or not.
[01:07:45.820 --> 01:07:49.180]  I'm dealing with matters of case law.
[01:07:49.180 --> 01:07:56.020]  I'm going to say you don't ever want to get in front of that jury, but the prosecutor
[01:07:56.020 --> 01:08:00.940]  has got to consider whether or not he has a case that will get passed to jury.
[01:08:00.940 --> 01:08:02.460]  You never want to get to the jury.
[01:08:02.460 --> 01:08:08.180]  When you get to court, you want to cancel the jury and force the judge to make a deal.
[01:08:08.180 --> 01:08:13.500]  They gave me a year in jail.
[01:08:13.500 --> 01:08:20.900]  After 27 days in solitary confinement, I filed 35 criminal charges against the prosecutor,
[01:08:20.900 --> 01:08:25.580]  the judge, everybody involved, the district, local district judge, everybody.
[01:08:25.580 --> 01:08:30.580]  I filed that with the court of criminal appeals in their capacity as a magistrate in two days
[01:08:30.580 --> 01:08:33.780]  as I was out.
[01:08:33.780 --> 01:08:41.820]  Two days, they said, oops, this is coming right back at us, so they got me out of there.
[01:08:41.820 --> 01:08:45.580]  Okay, this is a criminal charge against you.
[01:08:45.580 --> 01:08:50.740]  They will use every stink and rotten, dirty trick they can to force you to take a deal.
[01:08:50.740 --> 01:08:54.260]  It's all about the deal.
[01:08:54.260 --> 01:08:57.180]  If they don't think they can make a deal, then make this go away.
[01:08:57.180 --> 01:09:04.460]  If it starts impacting their career, bar grieve that prosecutor every time he moves.
[01:09:04.460 --> 01:09:07.740]  You bar grieve the first one, and then I'll wind up with the second one.
[01:09:07.740 --> 01:09:15.220]  Make sure you ask for court appointing counsel, and when they give you court appointing counsel
[01:09:15.220 --> 01:09:20.900]  and you tell him what he's to do and when he doesn't do it, you bar grieve him.
[01:09:20.900 --> 01:09:26.300]  He's going to screen bloody murder and run to the judge and ask the judge to remove him
[01:09:26.300 --> 01:09:27.300]  from the case.
[01:09:27.300 --> 01:09:31.900]  When he does, you tell the judge, don't you dare remove him from that case.
[01:09:31.900 --> 01:09:34.740]  He is my counsel and he's under contract.
[01:09:34.740 --> 01:09:40.220]  I told this to my lawyer that the last case I had, they appointed counsel for me.
[01:09:40.220 --> 01:09:41.220]  I didn't ask for it.
[01:09:41.220 --> 01:09:45.740]  They just decided to do it because they wanted me to have counsel who could throw me under
[01:09:45.740 --> 01:09:46.740]  the bus.
[01:09:46.740 --> 01:09:57.660]  I told him that I had 19 charges against the police, the jailers, everybody, felony and
[01:09:57.660 --> 01:10:00.940]  misdemeanor charges against all of them.
[01:10:00.940 --> 01:10:05.660]  You will adequately adjudicate every single claim.
[01:10:05.660 --> 01:10:09.740]  You fail to adjudicate a single claim and I'll bar grieve you.
[01:10:09.740 --> 01:10:14.060]  It was his first year of practice.
[01:10:14.060 --> 01:10:18.380]  They would have canceled his malpractice insurance immediately.
[01:10:18.380 --> 01:10:23.780]  He said, Mr. Keltum, you would grieve me in a heartbeat.
[01:10:23.780 --> 01:10:26.780]  They dismissed the case to protect my lawyer from me.
[01:10:26.780 --> 01:10:29.620]  That's all the way it's going to happen.
[01:10:29.620 --> 01:10:32.060]  You just have to be too dangerous for him.
[01:10:32.060 --> 01:10:37.180]  Well, I was on the fence about asking for a public defender.
[01:10:37.180 --> 01:10:42.420]  Oh, yeah, ask for a public defender because you're going to screw him big time.
[01:10:42.420 --> 01:10:45.620]  I've had to use the public defender to your advantage.
[01:10:45.620 --> 01:10:52.540]  I've heard that before, but I kind of was leaning away from it and wanting to do it myself.
[01:10:52.540 --> 01:10:53.540]  Okay.
[01:10:53.540 --> 01:10:55.260]  Wait a minute.
[01:10:55.260 --> 01:11:01.060]  Get all of your claims on the record, get them all filed, then ask for court appointed
[01:11:01.060 --> 01:11:03.060]  counsel.
[01:11:03.060 --> 01:11:06.740]  Court appointed counsel comes in and he's got all these documents in the case.
[01:11:06.740 --> 01:11:10.900]  See, that was my counsel's problem.
[01:11:10.900 --> 01:11:14.180]  He didn't file these, but they were before the court.
[01:11:14.180 --> 01:11:15.180]  He had to.
[01:11:15.180 --> 01:11:21.740]  I'm asking for discovery, too, because they won't.
[01:11:21.740 --> 01:11:26.460]  When your court appointed counsel steps up, he's not going to really push for discovery.
[01:11:26.460 --> 01:11:32.060]  He'll be satisfied with whatever little pitons they would like to reveal.
[01:11:32.060 --> 01:11:38.220]  But you can go digging and then once those documents are before the court, then you're
[01:11:38.220 --> 01:11:41.420]  back to where Randy's talking about.
[01:11:41.420 --> 01:11:48.500]  Brett has been doing some really good research on discovery and criminal.
[01:11:48.500 --> 01:11:54.900]  All these guys think discovery doesn't apply to criminal, but Brett has done the research
[01:11:54.900 --> 01:11:57.540]  to show that it does.
[01:11:57.540 --> 01:12:00.220]  So now you can go for him.
[01:12:00.220 --> 01:12:07.820]  The problem, if you have court appointed counsel, he is either a new lawyer or he's not the
[01:12:07.820 --> 01:12:10.380]  sharpest knife in the drawer.
[01:12:10.380 --> 01:12:15.740]  A bar grievance against a new lawyer will counsel his malpractice insurance immediately.
[01:12:15.740 --> 01:12:23.580]  A bar grievance against a longtime practicing lawyer will put a mark on his record.
[01:12:23.580 --> 01:12:27.660]  If he's already got one and you give him a second one, they'll counsel his malpractice
[01:12:27.660 --> 01:12:29.420]  insurance.
[01:12:29.420 --> 01:12:35.860]  If he's been practicing 20 years, he gets two grievances in one year they cancel.
[01:12:35.860 --> 01:12:38.380]  But invalid, they don't care.
[01:12:38.380 --> 01:12:43.140]  Three, they'll counsel his law firms about practice insurance.
[01:12:43.140 --> 01:12:46.940]  So if you get court appointed counsel, he is not the sharpest knife in the drawer because
[01:12:46.940 --> 01:12:49.780]  if he was, he'd be out making a big bucks.
[01:12:49.780 --> 01:12:52.380]  So he's down here grubbing for dollars.
[01:12:52.380 --> 01:12:54.540]  So you're stinging real good.
[01:12:54.540 --> 01:12:55.860]  And he's going to run to the judge.
[01:12:55.860 --> 01:12:57.740]  Oh, judge, you gave me this guy.
[01:12:57.740 --> 01:12:58.740]  He's stinging me good.
[01:12:58.740 --> 01:13:01.460]  You got to help me.
[01:13:01.460 --> 01:13:06.100]  Have you heard my foresighted chessboard analogy?
[01:13:06.100 --> 01:13:10.380]  Yeah, basically everybody in the room is playing against you, not the other way around.
[01:13:10.380 --> 01:13:13.580]  You know, it isn't teams.
[01:13:13.580 --> 01:13:18.380]  It's all the lawyers in the system against you.
[01:13:18.380 --> 01:13:24.980]  If you don't have a lawyer bound to you, then you're at a great deficit.
[01:13:24.980 --> 01:13:26.860]  Now, you still have things you can do.
[01:13:26.860 --> 01:13:28.780]  You can hammer them.
[01:13:28.780 --> 01:13:33.820]  If you've got a lawyer in the mix, the court appointing this lawyer, or even if he didn't,
[01:13:33.820 --> 01:13:39.620]  if you hired a lawyer, and then the lawyer comes to the court and says, judge, you know,
[01:13:39.620 --> 01:13:42.460]  I throw all these guys under the bus for you.
[01:13:42.460 --> 01:13:45.020]  Now I got a difficult client.
[01:13:45.020 --> 01:13:47.700]  You need to bail me out.
[01:13:47.700 --> 01:13:52.580]  They all got their snouts in the same cloth.
[01:13:52.580 --> 01:13:53.580]  You get the judge.
[01:13:53.580 --> 01:14:01.980]  Now, fortunately speaking, what I wanted to get over the pre-trial motions I wanted in
[01:14:01.980 --> 01:14:09.860]  there were a motion to dismiss based on merits, citing the case law, the particular circumstances
[01:14:09.860 --> 01:14:10.860]  I'm in.
[01:14:10.860 --> 01:14:16.620]  I also wanted to put in a challenge to subject matter jurisdiction, not engage in transportation.
[01:14:16.620 --> 01:14:20.980]  I wanted to get those in along with the discovery.
[01:14:20.980 --> 01:14:24.260]  That was what I would do if I was just going to handle it myself.
[01:14:24.260 --> 01:14:25.260]  Okay.
[01:14:25.260 --> 01:14:26.260]  Hold on.
[01:14:26.260 --> 01:14:27.260]  Hold on.
[01:14:27.260 --> 01:14:28.260]  Okay.
[01:14:28.260 --> 01:14:29.260]  You're Pennsylvania?
[01:14:29.260 --> 01:14:30.260]  Yes.
[01:14:30.260 --> 01:14:39.620]  Does Pennsylvania have a statute that authorizes peace officers to enforce the transportation
[01:14:39.620 --> 01:14:40.620]  code?
[01:14:40.620 --> 01:14:48.140]  That is something that I have been... I went through the transportation code pretty well
[01:14:48.140 --> 01:14:56.140]  as far as verifying the structure... No, no, wait, wait, wait, it won't be there.
[01:14:56.140 --> 01:15:03.740]  I haven't dug into the... because it was a municipal police officer that did this.
[01:15:03.740 --> 01:15:05.740]  Look in the codes.
[01:15:05.740 --> 01:15:07.180]  It's not in the municipal code.
[01:15:07.180 --> 01:15:14.100]  I mean, in the transportation code, it'll be in the... Probably the code of criminal
[01:15:14.100 --> 01:15:18.380]  procedure, not in the penal code.
[01:15:18.380 --> 01:15:20.580]  Look in the criminal procedure code for Pennsylvania.
[01:15:20.580 --> 01:15:27.060]  I think it's Chapter 17, if I remember right, it's either 17 or 19.
[01:15:27.060 --> 01:15:28.940]  I think it's 17.
[01:15:28.940 --> 01:15:33.860]  But anyway, it'll have to be in there.
[01:15:33.860 --> 01:15:43.380]  If nothing in there authorizes municipal police officers to enforce transportation code, then
[01:15:43.380 --> 01:15:44.380]  they don't have it.
[01:15:44.380 --> 01:15:45.380]  Challenge it in any case.
[01:15:45.380 --> 01:15:48.940]  Let them find it if they have it.
[01:15:48.940 --> 01:15:50.100]  Gotcha.
[01:15:50.100 --> 01:15:51.100]  Okay.
[01:15:51.100 --> 01:15:54.580]  So, add that on to the list.
[01:15:54.580 --> 01:16:01.220]  What I'm thinking is I go in because they have the public defender's office in the same
[01:16:01.220 --> 01:16:05.060]  building that they hang around.
[01:16:05.060 --> 01:16:11.660]  I could probably go in there the way I see I'd handle it is I go in, file all the motions
[01:16:11.660 --> 01:16:16.620]  and walk right in there and get a public defender kind of playing Danny the Dunce, get the paperwork
[01:16:16.620 --> 01:16:19.700]  signed, and then they have to deal with the mess afterwards.
[01:16:19.700 --> 01:16:21.860]  I just think it would be a little difficult.
[01:16:21.860 --> 01:16:22.860]  Exactly.
[01:16:22.860 --> 01:16:29.100]  You want all your stuff in first so that the public defender inherits it.
[01:16:29.100 --> 01:16:35.660]  Once he inherits it, then you can threaten to bar grieve him into the Stone Age.
[01:16:35.660 --> 01:16:37.540]  And you're in Pennsylvania.
[01:16:37.540 --> 01:16:39.540]  You've got criminals standing.
[01:16:39.540 --> 01:16:40.540]  Man.
[01:16:40.540 --> 01:16:46.380]  You can get the attorney general, all of the courts involved.
[01:16:46.380 --> 01:16:47.900]  You can hammer all of them.
[01:16:47.900 --> 01:16:51.140]  And on the other side, I want to ask you a question about that.
[01:16:51.140 --> 01:16:52.140]  Okay.
[01:16:52.140 --> 01:16:53.140]  Hold on.
[01:16:53.140 --> 01:16:57.300]  About to go to our sponsors, Randy Kelton, Brett Fountain, Wheel of All Radio.
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[01:20:08.740 --> 01:20:09.740]  We are back.
[01:20:09.740 --> 01:20:16.380]  Randy Kelton, Brett Felton, rule of law radio, and we're talking to Felice in Pennsylvania.
[01:20:16.380 --> 01:20:23.460]  And in a criminal case, the prosecutors start out with the upper hand.
[01:20:23.460 --> 01:20:27.500]  And even if you get caught appointing counsel, the counsel is going to do everything they
[01:20:27.500 --> 01:20:32.980]  can to throw you under the bus because it's not about right or wrong.
[01:20:32.980 --> 01:20:34.580]  It's about business.
[01:20:34.580 --> 01:20:38.100]  The lawyers are in business to make money.
[01:20:38.100 --> 01:20:44.100]  And they don't make money fighting your vigorously, fighting for your rights.
[01:20:44.100 --> 01:20:48.660]  They make money just going through cases.
[01:20:48.660 --> 01:20:53.700]  And if somebody tries to stand up to them, they're going to do both sides, prosecutor
[01:20:53.700 --> 01:21:01.500]  and defense counsel, they're going to do everything they can to get you to take a deal
[01:21:01.500 --> 01:21:05.980]  so that they don't have to spend any more time with this case.
[01:21:05.980 --> 01:21:08.700]  It's all about clearing the docket.
[01:21:08.700 --> 01:21:15.340]  And they will threaten you with anything, most outrageous crap olda that'll tell you
[01:21:15.340 --> 01:21:21.300]  all these horrible things they'll do to you if you don't take their perfectly reasonable
[01:21:21.300 --> 01:21:22.300]  deal.
[01:21:22.300 --> 01:21:26.940]  It is hard.
[01:21:26.940 --> 01:21:31.020]  Most people, even if it doesn't matter if they're innocent or not, they're going to
[01:21:31.020 --> 01:21:33.740]  take a deal because these guys, they're very good.
[01:21:33.740 --> 01:21:34.740]  It sounds scary.
[01:21:34.740 --> 01:21:36.380]  It sounds really ominous.
[01:21:36.380 --> 01:21:38.380]  Brett, you've been there.
[01:21:38.380 --> 01:21:41.860]  You've had them coming after you.
[01:21:41.860 --> 01:21:48.140]  What's it like when you see your, what would happen to you if you spent six months in jail?
[01:21:48.140 --> 01:21:49.140]  What happened to your family?
[01:21:49.140 --> 01:21:52.580]  That's the kind of picture that they paint for you.
[01:21:52.580 --> 01:22:01.980]  Brett, do you have the option of risking your family's financial future and our safety
[01:22:01.980 --> 01:22:03.860]  by allowing yourself to go to jail?
[01:22:03.860 --> 01:22:06.260]  Do you have that option?
[01:22:06.260 --> 01:22:09.860]  Well, their safety isn't in me.
[01:22:09.860 --> 01:22:16.300]  Their safety is in God, but for me to be so irresponsible to stand up for something that
[01:22:16.300 --> 01:22:21.660]  I could keep them safe and so, yeah, I see what you're saying, isn't it?
[01:22:21.660 --> 01:22:23.340]  Yeah, it's hard.
[01:22:23.340 --> 01:22:24.500]  It is hard.
[01:22:24.500 --> 01:22:30.460]  But then again, what's going to happen to your son?
[01:22:30.460 --> 01:22:37.060]  We came out on the rock wall court and his son's about, oh, was he fired in?
[01:22:37.060 --> 01:22:38.860]  Right, yeah.
[01:22:38.860 --> 01:22:46.140]  He walked out of the sidewalk and dropped his drawers and peed in the grass.
[01:22:46.140 --> 01:22:51.060]  It's one of his favorite things about being out in the country is he can just go in and
[01:22:51.060 --> 01:22:55.220]  where he wants to and he didn't think anything of it.
[01:22:55.220 --> 01:22:58.900]  What would happen if he did that at 12 or 13?
[01:22:58.900 --> 01:23:04.420]  Oh, they'd probably have called it a felony or something.
[01:23:04.420 --> 01:23:07.260]  Can, okay, we're being stressed.
[01:23:07.260 --> 01:23:13.100]  We're being forced to fight for what we believe is right, but we've got kids.
[01:23:13.100 --> 01:23:14.780]  We've got responsibilities.
[01:23:14.780 --> 01:23:19.380]  We've got bills to pay and they're making these threats and these horrible things they're
[01:23:19.380 --> 01:23:26.140]  going to do to us and we want to do what's right, but I've been there myself.
[01:23:26.140 --> 01:23:32.220]  I take these guys on at the risk of my family of being able to support them and take care
[01:23:32.220 --> 01:23:33.220]  of them.
[01:23:33.220 --> 01:23:39.580]  Can I make that decision myself because I want to fight them and put my family at risk?
[01:23:39.580 --> 01:23:42.980]  You think these prosecutors don't know about that?
[01:23:42.980 --> 01:23:47.180]  When they see you with a wife and kids, you're an easy mark.
[01:23:47.180 --> 01:23:51.060]  They're going to throw garbage at you and make all kinds of horrible threats that are
[01:23:51.060 --> 01:23:54.900]  absolutely unsupportable, but they don't care.
[01:23:54.900 --> 01:23:57.460]  They got you.
[01:23:57.460 --> 01:24:06.420]  If they can frighten you into backing down, they're going to use everything they got.
[01:24:06.420 --> 01:24:14.940]  The only way I know of to defend yourself against that is go right for their throats.
[01:24:14.940 --> 01:24:25.060]  I didn't bar grieve my lawyer, but I told him, you fail to adjudicate one single issue
[01:24:25.060 --> 01:24:27.860]  and I'll bar grieve you for it.
[01:24:27.860 --> 01:24:33.100]  When he said, Mr. Kelton, did you grieve me in a heartbeat?
[01:24:33.100 --> 01:24:38.660]  If he told me once, he told me 20 times, Mr. Kelton, you're going to get me disbarred.
[01:24:38.660 --> 01:24:42.220]  Well, I'm not so concerned about whether you're a bar card.
[01:24:42.220 --> 01:24:46.420]  I'm concerned about whether these guys put me in jail improperly or not.
[01:24:46.420 --> 01:24:51.580]  But then again, I was older.
[01:24:51.580 --> 01:24:52.580]  My kids were grown.
[01:24:52.580 --> 01:24:54.940]  I had a son just got his PhD.
[01:24:54.940 --> 01:24:57.460]  My daughter's a CPA.
[01:24:57.460 --> 01:24:59.860]  I had fulfilled my contract with life.
[01:24:59.860 --> 01:25:00.860]  I owned my house.
[01:25:00.860 --> 01:25:01.860]  It's paid for.
[01:25:01.860 --> 01:25:03.180]  I owned my car.
[01:25:03.180 --> 01:25:04.180]  It's paid for.
[01:25:04.180 --> 01:25:06.780]  I have no debt.
[01:25:06.780 --> 01:25:11.900]  So I can go out there and fight that fight.
[01:25:11.900 --> 01:25:14.300]  I don't have other people depending on me.
[01:25:14.300 --> 01:25:20.100]  So when you got people depending on you and when I tell them I'm coming after you, they've
[01:25:20.100 --> 01:25:28.540]  got no way to threaten me, but if you got kids, if you got responsibilities, then they
[01:25:28.540 --> 01:25:32.100]  have leverage they could use against you.
[01:25:32.100 --> 01:25:34.100]  And it's been my experience.
[01:25:34.100 --> 01:25:38.860]  If you're going to beat these guys, you got to go after them quickly.
[01:25:38.860 --> 01:25:40.460]  You go after them.
[01:25:40.460 --> 01:25:41.580]  They filed against you.
[01:25:41.580 --> 01:25:43.180]  You filed against them.
[01:25:43.180 --> 01:25:47.700]  You filed T-clothes complaints, bar grievances, judicial conduct complaints, and just make
[01:25:47.700 --> 01:25:49.860]  a nuisance of yourself.
[01:25:49.860 --> 01:25:52.460]  Now you've got something to bargain with.
[01:25:52.460 --> 01:25:53.460]  Okay.
[01:25:53.460 --> 01:25:55.380]  You guys make me a deal.
[01:25:55.380 --> 01:25:57.580]  I can't pass up and I'll start bargreaving you.
[01:25:57.580 --> 01:25:59.620]  How does that work for you?
[01:25:59.620 --> 01:26:05.980]  Or I'll start filing judicial conduct complaints and criminal complaints against the judge.
[01:26:05.980 --> 01:26:17.380]  I don't like sending people out to risk their liberty, but I don't know how else to do this.
[01:26:17.380 --> 01:26:18.380]  Felice?
[01:26:18.380 --> 01:26:22.380]  Yeah, I'm on board with you.
[01:26:22.380 --> 01:26:25.380]  Frankly, they haven't left me a choice.
[01:26:25.380 --> 01:26:31.660]  Yeah, they could be very gracious and offer me ARD where I just have to give them three
[01:26:31.660 --> 01:26:36.820]  grand, do some classes, and everything goes away.
[01:26:36.820 --> 01:26:39.100]  That's what I'm eligible for.
[01:26:39.100 --> 01:26:41.900]  Everything goes away except that mark on your record.
[01:26:41.900 --> 01:26:47.980]  A policeman pulling behind you, scan your plate and say, oh, this guy's got an alcohol-related
[01:26:47.980 --> 01:26:50.380]  off as I pull him over.
[01:26:50.380 --> 01:26:52.820]  You'll be pulled over 10 times a week.
[01:26:52.820 --> 01:26:58.300]  You do say it gets expunged, but it's still sitting there if you get people again.
[01:26:58.300 --> 01:26:59.300]  Forget that noise.
[01:26:59.300 --> 01:27:05.220]  It never, ever gets expunged, ever.
[01:27:05.220 --> 01:27:06.460]  They say it does.
[01:27:06.460 --> 01:27:07.460]  It does not.
[01:27:07.460 --> 01:27:15.420]  If it did, you would never get a second offense charge and be an eligible one to send completely.
[01:27:15.420 --> 01:27:19.700]  You may not get the second offense charge, but it always shows up.
[01:27:19.700 --> 01:27:25.260]  You will get the second offense as if it were the first offense charge, but only because
[01:27:25.260 --> 01:27:26.940]  that showed up on your record.
[01:27:26.940 --> 01:27:28.780]  Ah, this guy's got one.
[01:27:28.780 --> 01:27:30.780]  He's an easy mark.
[01:27:30.780 --> 01:27:38.500]  Oh, no, I made that decision a while ago that I wasn't going to take their deal.
[01:27:38.500 --> 01:27:42.620]  If you're not going to take their deal, if you're to get leverage, you need to go for
[01:27:42.620 --> 01:27:43.620]  their throats.
[01:27:43.620 --> 01:27:46.980]  But you need to do it strategically.
[01:27:46.980 --> 01:27:51.820]  Look at what the prosecutor's done and go to the American Bar Association standards for
[01:27:51.820 --> 01:27:54.100]  the prosecutorial function.
[01:27:54.100 --> 01:27:58.620]  Oh, you will love that.
[01:27:58.620 --> 01:28:04.460]  I haven't seen a single state who has adopted those, but the American Bar Association has.
[01:28:04.460 --> 01:28:11.020]  So because the Bar Association has adopted those, it sets a precedent.
[01:28:11.020 --> 01:28:17.180]  The American Bar Association says this kind of behavior on the part of a prosecuting attorney
[01:28:17.180 --> 01:28:27.060]  is improper, is, you know, what's the term, it's not unscrupulous, it is unethical, unethical.
[01:28:27.060 --> 01:28:29.540]  That's exactly, that's the word I was looking for.
[01:28:29.540 --> 01:28:36.380]  It is unethical behavior and that's what they changed it recently when I first read it.
[01:28:36.380 --> 01:28:42.820]  Something that was prefaced with, it is unethical behavior for a prosecutor to do this and this
[01:28:42.820 --> 01:28:47.580]  and this, and now they changed it to the prosecutor should not do this.
[01:28:47.580 --> 01:28:51.100]  But it essentially defines what's unethical.
[01:28:51.100 --> 01:28:55.740]  It doesn't matter if the state's adopted it or not, it's been established as unethical.
[01:28:55.740 --> 01:28:58.180]  You'll be surprised what is in there.
[01:28:58.180 --> 01:29:10.700]  I'm writing a lawsuit for Tim because the lawyer did something that the standards said they must not do.
[01:29:10.700 --> 01:29:15.700]  It is unethical behavior for them to do this and she did that.
[01:29:15.700 --> 01:29:21.140]  It's not in the state of Texas, but it is in the American Bar Association standards.
[01:29:21.140 --> 01:29:23.660]  Felice, read those standards.
[01:29:23.660 --> 01:29:29.420]  Just the first, I think it's the first three is all you need to read.
[01:29:29.420 --> 01:29:32.020]  No, that's the Bar Association standards.
[01:29:32.020 --> 01:29:36.460]  The standards prosecutorial function are not that big.
[01:29:36.460 --> 01:29:40.500]  There's not that much in there, but it's got everything you need in there.
[01:29:40.500 --> 01:29:43.340]  You can hammer them big time.
[01:29:43.340 --> 01:29:48.420]  Hang on, go into our sponsors, Randy Kelton, Brett Fountain, we have a radio.
[01:29:48.420 --> 01:30:02.100]  I'll call in number 512-646-1984, we'll be right back.
[01:30:02.100 --> 01:30:05.820]  Could you pharmacy release your prescription information to marketers?
[01:30:05.820 --> 01:30:09.100]  Believe it or not, it's not only possible, it's probably been done.
[01:30:09.100 --> 01:30:16.500]  I'm Dr. Cameron Albrecht and I'll be back with loopholes that make it legal for companies like CVS to share your personal health information.
[01:30:16.500 --> 01:30:18.540]  Privacy is under attack.
[01:30:18.540 --> 01:30:22.100]  When you give up data about yourself, you'll never get it back again.
[01:30:22.100 --> 01:30:26.900]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.900 --> 01:30:32.140]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:32.140 --> 01:30:34.660]  Privacy, it's worth hanging on to.
[01:30:34.660 --> 01:30:38.220]  This public service announcement is brought to you by StartPage.com,
[01:30:38.220 --> 01:30:42.180]  the private search engine alternative to Google, Yahoo and Bing.
[01:30:42.180 --> 01:30:45.700]  Start over with StartPage.
[01:30:45.700 --> 01:30:50.340]  Your pharmacy may be sharing your medical information without your knowledge or consent.
[01:30:50.340 --> 01:30:55.940]  For example, CVS pharmacies are likely to disclose your personal health information to business associates.
[01:30:55.940 --> 01:31:01.420]  A loophole in the law allows it if parties agree to execute a contract to, quote, safeguard the data.
[01:31:01.420 --> 01:31:04.860]  Business associates could range from marketers to insurance companies.
[01:31:04.860 --> 01:31:09.180]  And while they might keep information locked up, there's no telling how it might come back to bite you.
[01:31:09.180 --> 01:31:15.780]  Ask your pharmacy to disclose how it shared your previous data and request in writing that it not be sold, rented or shared.
[01:31:15.780 --> 01:31:21.220]  And most importantly, take your future prescriptions to establishments that guarantee real privacy.
[01:31:21.220 --> 01:31:25.820]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.700 --> 01:31:36.220]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.220 --> 01:31:38.060]  The government says that fire brought it down.
[01:31:38.060 --> 01:31:43.220]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.220 --> 01:31:46.060]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.060 --> 01:31:48.780]  And thousands of my fellow first responders have died.
[01:31:48.780 --> 01:31:50.300]  I'm not a conspiracy theorist.
[01:31:50.300 --> 01:31:51.140]  I'm a structural engineer.
[01:31:51.140 --> 01:31:52.620]  I'm a New York City correction officer.
[01:31:52.620 --> 01:31:53.620]  I'm an Air Force pilot.
[01:31:53.620 --> 01:31:55.220]  I'm a father who lost his son.
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[01:33:27.180 --> 01:33:32.180]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:33:32.180 --> 01:33:37.180]  Okay, Feliz, have I set you up to get clobbered?
[01:33:37.180 --> 01:33:44.180]  Yes, I'm looking forward to it. I haven't taken a beating in a while, so it's been a while, so I'm looking forward to it.
[01:33:44.180 --> 01:33:52.180]  That is a good point. I've taken some pretty serious beatings. I once got convicted to a year in jail.
[01:33:52.180 --> 01:34:02.180]  And after 27 days in jail, I was standing in a solitary confinement. I'm looking into that stainless steel mirror they got there.
[01:34:02.180 --> 01:34:07.180]  And I said to myself, self, you stood up for the jury and told them to take the best shot.
[01:34:07.180 --> 01:34:13.180]  It didn't matter what they do, because after the debt my brother paid for these rights, it made no difference.
[01:34:13.180 --> 01:34:19.180]  When it was over, I'd still be there. And the jury threw the book at you.
[01:34:19.180 --> 01:34:23.180]  So, did you mean it?
[01:34:23.180 --> 01:34:30.180]  And I stood there a while and I said, you darn right I met it.
[01:34:30.180 --> 01:34:38.180]  They gave me a year in jail. I was looking at sitting in that solitary confinement for a year.
[01:34:38.180 --> 01:34:45.180]  You darn right I met it. Not too often, we really get tested.
[01:34:45.180 --> 01:34:53.180]  And for me, that experience turned out to be a valuable opportunity.
[01:34:53.180 --> 01:34:59.180]  I got tested and I passed.
[01:34:59.180 --> 01:35:08.180]  Then the 27th day I filed 35 criminal charges against them and within two days I was out.
[01:35:08.180 --> 01:35:14.180]  I passed that test. You're being tested. You're being tested for lease.
[01:35:14.180 --> 01:35:16.180]  Life tests this.
[01:35:16.180 --> 01:35:22.180]  Not the first time. I'm just not in this particular arena.
[01:35:22.180 --> 01:35:32.180]  Functionally speaking though, after talking with you, what's going through my head is to reattempt to file the criminal charges at the district attorney's office
[01:35:32.180 --> 01:35:36.180]  against all the actors that have already done their dirty deeds to me.
[01:35:36.180 --> 01:35:42.180]  Maybe I tried this and they blew me off. I'm thinking I go back down there again.
[01:35:42.180 --> 01:35:53.180]  No, I'm going to suggest file with the attorney general, accusing the prosecuting attorney of acting in concert and collusion.
[01:35:53.180 --> 01:36:00.180]  Well, they already blew me off. Now that was just over the phone. I mean, I didn't go down there personally and knock on their door.
[01:36:00.180 --> 01:36:08.180]  If it's just over the phone, it doesn't matter. Send them verified criminal affidavits.
[01:36:08.180 --> 01:36:16.180]  Just send them certified. Certified and insure them for 500 bucks. I think it costs five dollars.
[01:36:16.180 --> 01:36:21.180]  I remember that little trick you said now. All of a sudden, that's a federal issue.
[01:36:21.180 --> 01:36:32.180]  That would be so much fun because the postal inspectors, they need something to do to get to go down and stomp all over the local yokels.
[01:36:32.180 --> 01:36:36.180]  They'll love that.
[01:36:36.180 --> 01:36:47.180]  And by them ignoring it, what was the actual federal issue that's at hand on that one? I can't remember. I remember you mentioned it.
[01:36:47.180 --> 01:36:56.180]  It's mail tampering. No, the federal issue is that you've insured just 500 bucks with the post office.
[01:36:56.180 --> 01:37:02.180]  They don't care about the 500 bucks. They care about the precedent.
[01:37:02.180 --> 01:37:11.180]  They don't want people to know that they can collect 500 bucks, so they're going to do everything they can to keep that from happening.
[01:37:11.180 --> 01:37:17.180]  So they're going to go down there and crawl down these people's throats.
[01:37:17.180 --> 01:37:25.180]  It's all about politics. It's all about giving them the most grief.
[01:37:25.180 --> 01:37:35.180]  When you start filing against judges and then right now you're filing, you've got an opportunity to go after the attorney general.
[01:37:35.180 --> 01:37:48.180]  When you start hammering him with complaints against him with the Supreme Court of the state of Pennsylvania, he is not going to be a happy camber.
[01:37:48.180 --> 01:37:59.180]  This is a political time bomb you're creating. You're accusing the attorney general of acting in concert and collusion with an ongoing criminal conspiracy
[01:37:59.180 --> 01:38:07.180]  to deny the citizen state of Pennsylvania in the due course of the laws as guaranteed by the federal constitution.
[01:38:07.180 --> 01:38:14.180]  Come on, guys, let's dance.
[01:38:14.180 --> 01:38:19.180]  Then you start filing with the federal grand jury.
[01:38:19.180 --> 01:38:25.180]  When the prosecutor secrets stuff from the grand jury, you file against him.
[01:38:25.180 --> 01:38:37.180]  When he gets the complaint against him that's directed to the grand jury and opens it, he is just stepping in big time.
[01:38:37.180 --> 01:38:46.180]  Then you move from him to the attorney general in D.C. and if your local U.S. attorney was a U.S. attorney,
[01:38:46.180 --> 01:38:53.180]  if he wasn't appointed by Trump, then Trump has his resignation.
[01:38:53.180 --> 01:38:57.180]  Trump can drop him like a hot rock.
[01:38:57.180 --> 01:39:07.180]  So now he feels serious political pressure himself. You get the feds to go back down to the state and say, guys, you need to fix this problem
[01:39:07.180 --> 01:39:12.180]  or I'm going to come after you because I'm not going to lose my job over you.
[01:39:12.180 --> 01:39:18.180]  That's nothing to do with law and soul politics.
[01:39:18.180 --> 01:39:30.180]  All right, I'll get to it. I have a few weeks before the status conference, so I'll have a lot of fun stuff to talk about with the prosecutor
[01:39:30.180 --> 01:39:36.180]  when I finally do get to meet the man. I've not spoken with any of these people. They kind of have avoided me.
[01:39:36.180 --> 01:39:40.180]  Okay, one thing, make sure you take two recorders with you.
[01:39:40.180 --> 01:39:42.180]  Yes.
[01:39:42.180 --> 01:39:44.180]  You've heard that one.
[01:39:44.180 --> 01:39:51.180]  I've heard that these folks haven't experienced what you guys have done out there here.
[01:39:51.180 --> 01:39:56.180]  So I'll bring two anyway, but like I said, they're not really that...
[01:39:56.180 --> 01:40:00.180]  When you put that first one down there, they're going to tell you to turn it off.
[01:40:00.180 --> 01:40:05.180]  Okay, and just something happens.
[01:40:05.180 --> 01:40:13.180]  Asheville, North Carolina, Art Patton, they go in with two, actually they have, I think, three or four recorders.
[01:40:13.180 --> 01:40:20.180]  They put one on the table. They told them to turn it off. Once they turned it off, this ADA gets up there and tells them,
[01:40:20.180 --> 01:40:27.180]  if you try to go to the grand jury again, we will throw you in jail.
[01:40:27.180 --> 01:40:30.180]  Nobody goes to the grand jury.
[01:40:30.180 --> 01:40:41.180]  Oh, he said, in Buncombe County, when it comes to prosecution, he points at the elected DA, this man is God.
[01:40:41.180 --> 01:40:45.180]  Nobody gets to the grand jury except by him.
[01:40:45.180 --> 01:40:53.180]  We played that on the radio two weeks later, the prosecutor resigned.
[01:40:53.180 --> 01:40:57.180]  The ADA was on a roll.
[01:40:57.180 --> 01:41:03.180]  Once he knew that recorder was turned off, he felt like he had free reign.
[01:41:03.180 --> 01:41:16.180]  We played on the air from Pennsylvania, two state troopers, trying to figure out how to erase the recording on the first recorder.
[01:41:16.180 --> 01:41:22.180]  They took that to court and they dismissed right away.
[01:41:22.180 --> 01:41:29.180]  You take two recorders. I've got a little USB recorder that's great for that.
[01:41:29.180 --> 01:41:36.180]  I was in court in Wise County, this judge knew me, and she said, make sure you turn your phones off.
[01:41:36.180 --> 01:41:39.180]  Oh, but judge, I wanted to record these proceedings.
[01:41:39.180 --> 01:41:43.180]  Mr. Maynard, take that phone from Mr. Calton and he takes the phone.
[01:41:43.180 --> 01:41:46.180]  He comes over and jerks it out of my hand.
[01:41:46.180 --> 01:41:48.180]  He walks back, stands over the side.
[01:41:48.180 --> 01:41:58.180]  She starts to have the case, she said, stopped and said, Mr. Calton, do you have anything else capable of recording these proceedings?
[01:41:58.180 --> 01:42:02.180]  Oh, judge, I was hoping you weren't going to ask that.
[01:42:02.180 --> 01:42:06.180]  And I pulled this USB drive.
[01:42:06.180 --> 01:42:14.180]  I had Velcroed to my ID, my radio ID.
[01:42:14.180 --> 01:42:19.180]  I pulled it off, turned it off, and the bait had come over and jerked it out of my hand.
[01:42:19.180 --> 01:42:22.180]  She starts to start the hearing and stops.
[01:42:22.180 --> 01:42:30.180]  Mr. Calton, do you have anything, oh, judge, that reached in my pocket and pulled out another one?
[01:42:30.180 --> 01:42:34.180]  She was furious.
[01:42:34.180 --> 01:42:38.180]  It is a issue I intend to take on, but I wasn't ready at the time.
[01:42:38.180 --> 01:42:44.180]  I had too much going on, or I'd have her in front of the grand jury.
[01:42:44.180 --> 01:42:50.180]  It's a lot of fun. It can get interesting, but, you know, I understand your liberties at risk.
[01:42:50.180 --> 01:42:53.180]  It is at more risk if you don't fight them.
[01:42:53.180 --> 01:43:00.180]  I understand. And just real quick to summarize, because of the timing of everything,
[01:43:00.180 --> 01:43:08.180]  they're probably not going to get the full impact of everything I've done by the time I walk into my status conference.
[01:43:08.180 --> 01:43:14.180]  If you file the day before, they'll know it when you walk in the status conference.
[01:43:14.180 --> 01:43:26.180]  Okay, well, I would like to get in front of the judge and hand him all of my motions with also a request for counsel.
[01:43:26.180 --> 01:43:31.180]  And I want to slip in a criminal charge against the magistrate in the DA's office.
[01:43:31.180 --> 01:43:35.180]  Wait, do not hand them to the judge. File them with the clerk.
[01:43:35.180 --> 01:43:37.180]  I'd like to do both.
[01:43:37.180 --> 01:43:47.180]  Well, okay, file them, mail them to the clerk, certify it, and ask her to stamp them and send the top back to you.
[01:43:47.180 --> 01:43:49.180]  We'll speak to this when we get back.
[01:43:49.180 --> 01:43:51.180]  Randy Colton, we're with our radio.
[01:43:51.180 --> 01:43:56.180]  I realize David and Shayna are waiting, and we may not get to you, and I apologize.
[01:43:56.180 --> 01:44:00.180]  We'll be right back.
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[01:46:03.180 --> 01:46:28.180]  Okay, we are back. Randy Kelton, Brett Felton, Rule of Law Radio, and I do need to explain something.
[01:46:28.180 --> 01:46:34.180]  David from Texas just dropped off, and I was spreading about that over the break.
[01:46:34.180 --> 01:46:48.180]  I realized that you've hung on for a long time to call in, and David, if you can hear us, email me whatever your question or issue is, and I'll address it.
[01:46:48.180 --> 01:46:51.180]  Shane, I want to try to get to you.
[01:46:51.180 --> 01:46:54.180]  I know you want to just brief us on where you're at.
[01:46:54.180 --> 01:47:02.180]  But when I get good issues of things that need to be addressed, this is really about teaching.
[01:47:02.180 --> 01:47:15.180]  And while I want to get to everybody, we're one of the few shows that examine issues in depth, so you can get some good information on how to handle these issues, start to finish.
[01:47:15.180 --> 01:47:20.180]  So I tend to spend more time, and I apologize if I made you hold.
[01:47:20.180 --> 01:47:25.180]  But this is about giving good information.
[01:47:25.180 --> 01:47:30.180]  So back to Felice.
[01:47:30.180 --> 01:47:33.180]  Okay, where were we? You were...
[01:47:33.180 --> 01:47:45.180]  Well, I'm going to push forward all of the issues that we discussed, but I have in a couple of weeks a status hearing, status conference.
[01:47:45.180 --> 01:48:02.180]  And I'd like to try and flip... I want to get before the judge and hand him a criminal complaint against the magistrate and the district attorney, and get him to just get it in his hands because I want him to touch it.
[01:48:02.180 --> 01:48:04.180]  That's what I'd like to do.
[01:48:04.180 --> 01:48:15.180]  There's a dirty, rotten trick for that. Give him a hand in my motion with these complaints underneath the motion.
[01:48:15.180 --> 01:48:18.180]  That was my thought.
[01:48:18.180 --> 01:48:24.180]  By the way, judge, underneath that there's two more documents you need to look at.
[01:48:24.180 --> 01:48:35.180]  Once he's looked at them, he touched them. He's stuck to the tar baby. I hate to say tar baby. I got chewed out about that.
[01:48:35.180 --> 01:48:42.180]  I don't know anything that has, that evokes that image as well.
[01:48:42.180 --> 01:48:46.180]  Anyway, but he sticks to it.
[01:48:46.180 --> 01:48:57.180]  Anyway, okay. So I would suggest get you a bar grievance against at least one against every one with a bar card.
[01:48:57.180 --> 01:49:08.180]  That's going to get them all excited. And you just a kind of complaint against the judge if you have some complaints against him at this point.
[01:49:08.180 --> 01:49:22.180]  I already had one in and I got my summons to appear for the arraignment and the ruling from the judicial conduct board, obviously vindicating the magistrate at the same time.
[01:49:22.180 --> 01:49:26.180]  I thought it was a coincidence.
[01:49:26.180 --> 01:49:38.180]  So, you know, you're, you're prepared to hammer him. He needs another one and then grieve the prosecutors and a set of criminal complaints.
[01:49:38.180 --> 01:49:46.180]  Best if you can get the criminal complaints beginning to circulate before you get to this judge and then bushwhack him with some more.
[01:49:46.180 --> 01:50:03.180]  Yep. That's my plan. I'll get those certifies out Monday to the attorney general and that'll still leave a couple weeks for me to finish putting together my motions to dismiss my challenges subject matter jurisdiction and also my criminal complaints against the
[01:50:03.180 --> 01:50:09.180]  the actors that have already, you know, that have already damaged me.
[01:50:09.180 --> 01:50:19.180]  Who would it be? Should I throw in against the officer or should I just leave that out? Oh, absolutely. Get a professional conduct complaint against the officer.
[01:50:19.180 --> 01:50:31.180]  Find out who certifies peace officers in Pennsylvania and file a complaint alleging that the officer did this because he lacked training.
[01:50:31.180 --> 01:50:34.180]  Okay.
[01:50:34.180 --> 01:50:40.180]  That's not a big deal. I mean, but, but do I go after him criminally also?
[01:50:40.180 --> 01:50:44.180]  Yes. Okay.
[01:50:44.180 --> 01:50:50.180]  I think I have my marching orders. I'd hate to take up any more time. You've been very gracious to me.
[01:50:50.180 --> 01:51:06.180]  Okay. Thank you, Felice. Now we're going to Shane in New York and David from Texas. If you have my email, you can look on the rule of law radio and find it Randy at rule of law radio.com send me an email.
[01:51:06.180 --> 01:51:11.180]  I'll address your issue. Okay, Shane, what do you have for us today?
[01:51:11.180 --> 01:51:19.180]  Randy, did you get my email regarding a new law in New York State regarding challenging for closure proceedings? He can ask to sell.
[01:51:19.180 --> 01:51:27.180]  No, I've been checking my email all day. I was looking for something else. I don't remember seeing anything from you.
[01:51:27.180 --> 01:51:39.180]  Okay, I did send it to you, but it's only a few sentences long. Cuomo signed the bill on the second week of January 2020 and I'll just give you the cliff notes really quick.
[01:51:39.180 --> 01:51:49.180]  This pertains only to state of New York, by the way. Oh, okay. I'm sorry. Here it is. 757 hours already going on the show then.
[01:51:49.180 --> 01:51:57.180]  Yeah, I'll just, I'll be real brief. It says the new law even allows defendants to raise the defense after a foreclosure sale.
[01:51:57.180 --> 01:52:06.180]  If the judgment foreclosure sale was issued on default, for example, if the defendant was never served with the original complaint, which for example, that would be me.
[01:52:06.180 --> 01:52:20.180]  And the plaintiff attains judgment foreclosure sale on default, the defendant can still challenge and will visit the legalities of the judgment and sell profit in the grounds that standing or even after the sale was already occurred.
[01:52:20.180 --> 01:52:34.180]  That's new law, by the way. The change will raise possibilities of title companies being cautious about ensuring title when a party takes title after foreclosure sale, especially when the sale occurred after the default of the defendant.
[01:52:34.180 --> 01:52:44.180]  The possibility of the defendant challenging a sale under a new law could not take place. That was the old law that just changed the second week of January.
[01:52:44.180 --> 01:52:59.180]  And it goes on, but I just want to read out one little section to you. In my instance case, they have not served me at all and they're trying to pursue a sale from the old owner that's supposed to take place on March 25th.
[01:52:59.180 --> 01:53:10.180]  I'm not sure how they're going to do that. Maybe they're just trying to, you know, intimidate me. I don't know what it is, but for anyone to tell you on a...
[01:53:10.180 --> 01:53:12.180]  Go ahead.
[01:53:12.180 --> 01:53:30.180]  They have violated several federal questions, the Third Debt Buction Practices Act. They never gave notice to the sale. I found this all on my own, like I told you before. There still has been no notice issued, and it's already March the 7th. There's been no notice to anybody, even the old owner or me.
[01:53:30.180 --> 01:53:49.180]  So it's... I'm about 80% done with my lawsuit that I want to file a federal court. I'm hoping to file it on Monday against the attorney and the nine officers of Key Bank, and they're all located in Ohio.
[01:53:49.180 --> 01:54:01.180]  So I'm going to get them, you know, it's going to be pretty good. We don't have a lot of time to talk because I know we're running out of time. I think we're done just to maybe a few minutes here, but that's going to be taking place on Monday.
[01:54:01.180 --> 01:54:10.180]  And I think I can file a TRO as I get that complaint in there, too. What was your thoughts on that?
[01:54:10.180 --> 01:54:25.180]  Yeah, we'll almost certainly get the temporary restraining order, but the lack of service, you know, that's a really strong claim. And I'm thinking about New York.
[01:54:25.180 --> 01:54:41.180]  Did New York overturn a law that specifically prevented a claim for lack of service? Because in almost every state, if you weren't served, then you can challenge whatever action occurred.
[01:54:41.180 --> 01:54:46.180]  The fact that New York had to write this law is interesting.
[01:54:46.180 --> 01:54:57.180]  Yeah. Yeah, you back in the olden days, you only had 30 days to bring that up. And once that 30 days expires, you're done. You're done. It's all over.
[01:54:57.180 --> 01:55:07.180]  Okay, I don't know of any other state that has that. They may, I just, you know, I haven't looked at all the states, but Texas doesn't have anything like that.
[01:55:07.180 --> 01:55:16.180]  If I wasn't served, it's like it didn't happen, no matter how long ago it was, because it goes to subject matter jurisdiction.
[01:55:16.180 --> 01:55:21.180]  I know that, but they ignored New York, really.
[01:55:21.180 --> 01:55:33.180]  They waited until the foreclosure debacle was over after they'd already screwed everybody and then they passed this law.
[01:55:33.180 --> 01:55:39.180]  Yes, there's been a lot of complaints about it. And anyways, I sent you everything regarding that. Okay.
[01:55:39.180 --> 01:55:46.180]  As of right now, there's zero case law on it. I checked Westlaw and Thompson's Reuters today. There's still no...
[01:55:46.180 --> 01:55:51.180]  So good. You may be able to create the case law.
[01:55:51.180 --> 01:56:05.180]  It's a strong possibility, yeah. It's a strong possibility, but I can assure you I've been working my butt off the last couple weeks. And you did see that motion for sanctions against me for criminal contempt denied by the Bakersley Court, correct?
[01:56:05.180 --> 01:56:07.180]  Yes, I did. Yes, I did.
[01:56:07.180 --> 01:56:23.180]  Yeah, the substitute attorney kind of walked his way out of the issue of me being held criminally, even though it said that in there, but the judge didn't really matter, the judge denied it anyways.
[01:56:23.180 --> 01:56:32.180]  But he gave him a little break. He reduced it from 21 days to seven days, if I do cross that line, which I haven't.
[01:56:32.180 --> 01:56:39.180]  And I asked him to make rulings on the record what frivolous was, and the judge says I'm not going there.
[01:56:39.180 --> 01:56:43.180]  Wait, you may ask him to make rules on the record for what?
[01:56:43.180 --> 01:56:54.180]  I asked him, can you please tell me what frivolous is? Can you give me a holding or some kind of ruling or something so I know what it is in the future? And the judge says I'm not going there.
[01:56:54.180 --> 01:57:11.180]  There are this plenty of case law establishing what's frivolous and what's not, and this lawyer knew he did not adequately argue a frivolous issue.
[01:57:11.180 --> 01:57:17.180]  He was just throwing junk in there so he can bill his client and make it look like he's doing something.
[01:57:17.180 --> 01:57:19.180]  It was 300 pages long, Randy.
[01:57:19.180 --> 01:57:29.180]  Yeah. Leslie got a file of summary judgment and got a demurrer from the other side for the summary judgment.
[01:57:29.180 --> 01:57:39.180]  They accidentally included the bill they had sent to the bank, $88,000 for one demurrer.
[01:57:39.180 --> 01:57:40.180]  Wow.
[01:57:40.180 --> 01:57:48.180]  This is why the banks are squealing so loud. These lawyers are crucifying them.
[01:57:48.180 --> 01:57:56.180]  So you have undoubtedly cost the bank far more than the value of that property.
[01:57:56.180 --> 01:58:07.180]  And one of the things I'm considering is how do we create a situation where we can allow the banks to foreclose and still keep the property?
[01:58:07.180 --> 01:58:18.180]  Because if they sold your note 100 times, then if they can't foreclose, they lose 100 times the amount of the mortgage.
[01:58:18.180 --> 01:58:30.180]  So how do we figure out a way to make them a deal where they foreclose and charge you nothing or very little so that whatever somebody buys the property for, you get all of that.
[01:58:30.180 --> 01:58:39.180]  And then you can have a straw bar by the property, you get it all back, they get their foreclosure so their insurance pays off, and all the scammers win.
[01:58:39.180 --> 01:58:41.180]  But we are out of time.
[01:58:41.180 --> 01:58:42.180]  We're Andy Kelton, Brett Felton.
[01:58:42.180 --> 01:58:44.180]  We'll move on radio.
[01:58:44.180 --> 01:58:46.180]  Thank you all for listening and good night.
[01:58:46.180 --> 01:58:50.180]  Yeah, thanks, Randy. Good night.
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