ROL_2020-10-23_16k_Hr3-4.timecode
[00:00.000 --> 00:06.840] The following news flashes brought to you by The Low Star Lowdown.
[00:06.840 --> 00:13.200] Markets for Monday the 22nd of July 2019 open with Precious Metals, Gold $1,429 an ounce,
[00:13.200 --> 00:21.440] Silver $16.45 an ounce, Copper $2.75 an ounce, Oil, Texas Crude $55.63 a barrel, Brent Crude
[00:21.440 --> 00:29.800] $62.47 a barrel, and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum
[00:29.800 --> 00:41.520] $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.520 --> 00:52.480] Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.480 --> 00:57.840] on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.840 --> 01:04.840] 10 and injuring 40.
[01:04.840 --> 01:05.840] And recent news.
[01:05.840 --> 01:10.520] Since Governor Greg Abbott signed House Bill 1325 legalizing Hemp and attacks his law back
[01:10.520 --> 01:15.080] in June, county prosecutors around the state including Houston, Austin and San Antonio
[01:15.080 --> 01:19.200] have been dropping marijuana possession charges and even refusing to file new ones since they
[01:19.200 --> 01:23.280] are stipulating that they do not have the time or the laboratory equipment to test the
[01:23.280 --> 01:28.000] law for THC. Margaret Moore, the Travis County District Attorney, announced earlier this
[01:28.000 --> 01:32.960] month that she was dismissing 32 felony possession and delivery of marijuana cases because of
[01:32.960 --> 01:33.960] the law.
[01:33.960 --> 01:37.680] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.680 --> 01:42.160] to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.160 --> 01:48.320] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.320 --> 01:54.560] well as other cities too like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.560 --> 01:59.040] who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.040 --> 02:01.920] prosecution of marijuana cases in El Paso.
[02:01.920 --> 02:06.840] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.840 --> 02:10.840] in Harris County who stated that, quote, the law is constantly changing on what makes
[02:10.840 --> 02:13.560] something illegal based on its chemical makeup.
[02:13.560 --> 02:17.440] It's important that if someone is charged with something, the test matches what they're
[02:17.440 --> 02:18.960] charged with.
[02:18.960 --> 02:27.480] A paper by Tulane University identified a five and a half inch American pocket shark.
[02:27.480 --> 02:32.400] As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.400 --> 02:38.040] shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.040 --> 02:39.520] Pacific Ocean.
[02:39.520 --> 02:43.840] According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.840 --> 02:50.120] its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the
[02:50.120 --> 03:15.960] glow because of bookroading with your low down for July 22, 2019.
[03:15.960 --> 03:29.120] Okay, we are back, Randy Kelton, Rula Law Radio, and we're talking to Tina in California.
[03:29.120 --> 03:35.320] And I went to that story for a reason, but I lost track of why I went to that story.
[03:35.320 --> 03:43.520] Anyway, I was going to the district of court in Travis County for the purpose of going
[03:43.520 --> 03:52.280] directly to the grand jury, because the last time I was there, when you walk in the doorway
[03:52.280 --> 03:57.280] on your left side are elevators, but on the right, there was a little information desk.
[03:57.280 --> 04:02.000] And around the right side of the information desk against the wall, there's a little hallway
[04:02.000 --> 04:07.040] that as you walk down it, there was a little indentation with two doors.
[04:07.040 --> 04:10.680] One would face you and one would be facing the opposite direction.
[04:10.680 --> 04:15.720] The one facing you was the door to the grand jury, the one on the opposite side was the
[04:15.720 --> 04:18.120] district attorney's office.
[04:18.120 --> 04:23.720] But it turned out they had built the new building for the district attorney's office.
[04:23.720 --> 04:28.120] So I didn't go there to see the district attorney.
[04:28.120 --> 04:33.760] I went there to present my complaints to the grand jury.
[04:33.760 --> 04:39.960] So they instructed me that they had built a new building across the street, and the district
[04:39.960 --> 04:41.240] attorney was in that building.
[04:41.240 --> 04:45.720] So I went across the street, it's about an eight-story building, and it was named the
[04:45.720 --> 04:47.680] Ron Earl building.
[04:47.680 --> 04:53.240] Interesting, because the last time I did this, I gave my complaints to Ron Earl.
[04:53.240 --> 04:57.040] So I went in the building and asked for the grand jury, and they sent me to the district
[04:57.040 --> 05:02.960] attorney's office, and the assistant district attorney came out to talk to me, and he said,
[05:02.960 --> 05:03.960] what can I do for you?
[05:03.960 --> 05:07.280] I said, I have these criminal complaints here.
[05:07.280 --> 05:09.880] They are against the public official.
[05:09.880 --> 05:16.240] You are to take these complaints and give them to the grand jury.
[05:16.240 --> 05:21.440] He said, well, I need to explain to you how the grand jury system works.
[05:21.440 --> 05:25.240] No, you don't need to explain anything to me.
[05:25.240 --> 05:36.360] What you need to do is take these complaints, verify my signature on this as an affidavit,
[05:36.360 --> 05:41.080] and give it to the grand jury in accordance with your duty under Article 2.03, Texas Go-to-come
[05:41.080 --> 05:46.080] Procedure.
[05:46.080 --> 05:47.080] I'll be right back.
[05:47.080 --> 05:49.680] I need to talk to my boss.
[05:49.680 --> 05:52.000] I said, well, that's probably a good idea.
[05:52.000 --> 05:53.440] And what is your name?
[05:53.440 --> 05:54.440] He said, Josh.
[05:54.440 --> 05:57.240] Oh, Josh, Josh, you have a card?
[05:57.240 --> 05:59.200] No, I don't.
[05:59.200 --> 06:01.680] Well, that's interesting.
[06:01.680 --> 06:06.080] Josh, did you have a last name?
[06:06.080 --> 06:07.960] He said, Josh will do.
[06:07.960 --> 06:13.160] And I said, don't they give lawyers last names anymore?
[06:13.160 --> 06:15.360] Josh will do when you walk away.
[06:15.360 --> 06:21.720] Well, they sent out an investigator, and I gave her a hard time, but she also handled
[06:21.720 --> 06:24.600] me very well.
[06:24.600 --> 06:29.320] She asked if she could take this complaint and show it to her boss, I said, yes, you
[06:29.320 --> 06:32.920] can, but you understand, I'm not here to give that to you.
[06:32.920 --> 06:35.520] I'm here to give that to the grand jury.
[06:35.520 --> 06:36.520] I understand.
[06:36.520 --> 06:38.160] I will be right back.
[06:38.160 --> 06:41.280] An hour later, she came back out.
[06:41.280 --> 06:48.440] She said, Mr. Kelton, I will verify your signature in accordance with my authority as a certified
[06:48.440 --> 06:54.880] peace officer in the state of Texas, and the district attorney will give your complaints
[06:54.880 --> 06:58.680] to the grand jury.
[06:58.680 --> 07:01.360] Works for me.
[07:01.360 --> 07:04.680] That's how it's supposed to work.
[07:04.680 --> 07:13.640] So when you go, when you file complaints, you file them with the grand jury, but your
[07:13.640 --> 07:21.200] only address we ever have for a grand jury is the district attorney's office.
[07:21.200 --> 07:32.560] So depending on the kind of difficulty you expect to have, you might mail it to them,
[07:32.560 --> 07:38.680] but registered restricted, you know, the whole routine with the cover letter for the foreman
[07:38.680 --> 07:39.680] and insured.
[07:39.680 --> 07:50.560] I have a woman in Dallas that I told this to and she just insured a document she sent
[07:50.560 --> 07:56.440] to the district, to the grand jury for $50,000.
[07:56.440 --> 08:03.640] She hasn't received the cover letter back, now she wants her $50,000.
[08:03.640 --> 08:14.000] Okay, okay, that's basically how you do it, more not exactly how you do it, but the idea,
[08:14.000 --> 08:16.680] the concept of what you're doing.
[08:16.680 --> 08:20.600] You're not reporting this to the prosecuting attorney.
[08:20.600 --> 08:23.600] You're reporting to the grand jury.
[08:23.600 --> 08:29.200] And if someone can facilitate your access to the grand jury, that's fine, but if anyone
[08:29.200 --> 08:35.560] interferes with your access to the grand jury, that's witness to our jury tampering and should
[08:35.560 --> 08:40.080] get criminal charges quickly.
[08:40.080 --> 08:45.640] So when you bring a set of complaints to the foreman, I'm sorry, when you bring a set
[08:45.640 --> 08:51.040] of complaints to the district attorney and it has a cover letter on it for the foreman
[08:51.040 --> 08:54.760] of the grand jury and you don't get that cover letter back.
[08:54.760 --> 09:02.440] The next set of complaints you bring to the grand jury is against the district attorney.
[09:02.440 --> 09:06.240] So the district attorney is going to get those complaints and open them and they're going
[09:06.240 --> 09:11.360] to see the complaint against the district attorney for secreting the government document
[09:11.360 --> 09:16.640] from the person it was directed to, specifically the foreman of the grand jury.
[09:16.640 --> 09:23.520] And now the prosecutor is going to realize that she's been set up.
[09:23.520 --> 09:26.520] So does that all make sense, Tina?
[09:26.520 --> 09:27.520] It does.
[09:27.520 --> 09:33.840] And what I'm thinking now is I definitely need to get a little of your help in how to
[09:33.840 --> 09:42.200] handle the right thing to the VA and in LA and things, but maybe I should, because I
[09:42.200 --> 09:49.080] really want to go after the attorney who has been going against me and who hired the judge's
[09:49.080 --> 09:55.440] daughter to babysit his young son and of course they bought anything, anything of it, but
[09:55.440 --> 10:04.840] he coerced or at least he said that the two Texas notaries, they were not going to allow
[10:04.840 --> 10:10.080] them to send me their notary ledgers.
[10:10.080 --> 10:12.080] That's against the Texas law.
[10:12.080 --> 10:17.640] And I filed complaints for the district attorney whatever didn't do anything about it.
[10:17.640 --> 10:28.120] And they said, well, that's a private company and no, the law doesn't say the notary ledgers
[10:28.120 --> 10:29.880] belong to the company.
[10:29.880 --> 10:37.240] It specifically states that they don't belong to the company even if the company pays for
[10:37.240 --> 10:39.120] the notary commission.
[10:39.120 --> 10:46.840] They belong to the notary and must be turned over to the local, you know, recorders office.
[10:46.840 --> 10:50.080] So maybe I should.
[10:50.080 --> 10:53.400] Actually they belong to the secretary of state.
[10:53.400 --> 10:55.400] Yes, they do.
[10:55.400 --> 11:00.080] The notary holds them in trust.
[11:00.080 --> 11:04.680] When the notary gives up her license, she is required to return those ledgers to the
[11:04.680 --> 11:07.720] secretary of state.
[11:07.720 --> 11:08.720] But they don't.
[11:08.720 --> 11:12.960] So they were government documents from the beginning.
[11:12.960 --> 11:16.040] The bank has lost them.
[11:16.040 --> 11:20.080] The notary gave them to the bank who she worked for.
[11:20.080 --> 11:24.000] And of course, you know, when a notary is told, oh, you've got to submit these documents
[11:24.000 --> 11:31.760] by your employer, but this time the notary, the attorney in California said, we're not
[11:31.760 --> 11:36.800] going to let you have the notary ledgers because it's improper discovery.
[11:36.800 --> 11:38.800] No, it's not.
[11:38.800 --> 11:39.800] It's in the law.
[11:39.800 --> 11:40.800] We can have what we want.
[11:40.800 --> 11:41.800] Okay.
[11:41.800 --> 11:42.800] Wonderful.
[11:42.800 --> 11:43.800] This is wonderful.
[11:43.800 --> 11:49.200] Now you get to sue the lawyer for malpractice and make a claim against his errors and emissions
[11:49.200 --> 11:50.200] policy.
[11:50.200 --> 11:55.520] Well, I need help doing that because I would love to go against this guy and I would love
[11:55.520 --> 12:00.320] to file a criminal complaint against him in Texas even though he's in California because
[12:00.320 --> 12:02.520] he used Texas Nudary.
[12:02.520 --> 12:03.760] You can.
[12:03.760 --> 12:12.640] You know, if he stated that he wasn't going to let the Texas notary send you her ledger,
[12:12.640 --> 12:15.880] then he's violated Texas law.
[12:15.880 --> 12:21.280] In order for him to do that, he would have to contact her in Texas and that would give
[12:21.280 --> 12:28.880] him minimum contact, sufficient minimum contacts under international shoe to bring the case
[12:28.880 --> 12:29.880] into Texas.
[12:29.880 --> 12:40.800] Now, he can remove it to the federal court if he wants to, or you could file against
[12:40.800 --> 12:41.800] him.
[12:41.800 --> 12:47.720] If he removes it to the Fed, he's going to remove it to the Fed in California and he's
[12:47.720 --> 12:52.840] pretty well got the California judges bought and paid for.
[12:52.840 --> 13:01.040] But if he's in California, he doesn't have the Texas judges bought and paid for.
[13:01.040 --> 13:08.320] So you might want to file it in the Fed in Texas.
[13:08.320 --> 13:13.480] I don't know if you can do that since you are domiciled in California.
[13:13.480 --> 13:15.920] They would want to move it to California.
[13:15.920 --> 13:21.240] Well, we have to figure this out because I want to get this attorney because he is a
[13:21.240 --> 13:28.480] rotten thinking little man and he's the one who said, you just have to pay what we say
[13:28.480 --> 13:29.480] you owe.
[13:29.480 --> 13:30.480] Okay.
[13:30.480 --> 13:31.480] Do you think so?
[13:31.480 --> 13:40.160] You do the same thing when you sue him for malpractice.
[13:40.160 --> 13:46.160] Now he already knows that you will take him on.
[13:46.160 --> 13:54.200] So when you sue him for malpractice, you very quickly let the lawyers that the insurance
[13:54.200 --> 14:03.160] company secures to represent this guy, you let them know, I will fight you.
[14:03.160 --> 14:07.440] You can tell him that you're a Comanche at heart.
[14:07.440 --> 14:18.960] Comanche in Spanish means one who will fight you all the time.
[14:18.960 --> 14:27.000] So you guys want to have a fight, I will give you one you will not believe or pay me the
[14:27.000 --> 14:33.360] limits of his errors and emissions policies and I'll go away and it's generally about
[14:33.360 --> 14:35.360] a million dollars.
[14:35.360 --> 14:39.960] That's what my house was worth.
[14:39.960 --> 14:44.240] Or make me an offer I can't walk away from.
[14:44.240 --> 14:55.320] He coerced two public officials to violate the law.
[14:55.320 --> 15:01.280] He has an admission that he did so.
[15:01.280 --> 15:02.280] Yes.
[15:02.280 --> 15:10.920] Wait a minute, he coerced two public officials in Texas to violate the law in Texas.
[15:10.920 --> 15:11.920] Yes.
[15:11.920 --> 15:16.040] The state of California has no jurisdiction over that.
[15:16.040 --> 15:21.080] He's not going to have diversity, he can't get that to the Fed.
[15:21.080 --> 15:22.200] That's state criminal.
[15:22.200 --> 15:26.520] The Fed doesn't have anything to say about state criminal.
[15:26.520 --> 15:29.280] So push it in Texas.
[15:29.280 --> 15:37.640] Okay, well, I will contact you off the show to figure out exactly how to do this because
[15:37.640 --> 15:45.400] I want to go after this man big time and we can teach him a lesson or two that you don't
[15:45.400 --> 15:47.000] miss with British Bulldogs.
[15:47.000 --> 15:48.000] Yes.
[15:48.000 --> 15:57.080] And if you get an indictment on minutia, your lawsuit is essentially dead bang.
[15:57.080 --> 15:58.080] Yes.
[15:58.080 --> 16:02.320] And then you get to sue minutiae big time.
[16:02.320 --> 16:10.120] But that will be very nice and then can, you know, help others on the show and we can
[16:10.120 --> 16:15.280] show them you just never give up even though at times I've wanted to give up.
[16:15.280 --> 16:17.880] But this went personal for me.
[16:17.880 --> 16:22.080] This took my whole life's work in America.
[16:22.080 --> 16:25.920] 30 years of work, 30 years of hope and dreams.
[16:25.920 --> 16:27.080] They took it on me.
[16:27.080 --> 16:32.080] They stole the American dreams and it took me off.
[16:32.080 --> 16:33.080] Good.
[16:33.080 --> 16:35.080] Maybe we can get it back.
[16:35.080 --> 16:36.080] Okay.
[16:36.080 --> 16:41.440] So let's go to someone else after the break so we can have a chance and thank you.
[16:41.440 --> 16:42.440] Okay.
[16:42.440 --> 16:43.440] Wake up, John.
[16:43.440 --> 16:44.440] We're going to you when we come back.
[16:44.440 --> 16:52.120] Ray DeCaltem, the rule of our radio, our call in number 512-646-1984.
[16:52.120 --> 16:53.120] Give us a call.
[16:53.120 --> 17:00.280] We'll be right back.
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[17:49.600 --> 17:57.280] This is ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
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[19:24.120 --> 19:41.640] Okay we are back, Randy Kelkin on Rule of Law Radio on this 23rd day of October 2020
[19:41.640 --> 19:44.480] and we're going to John in New York.
[19:44.480 --> 19:55.240] Hello John, what do you have for us today?
[19:55.240 --> 20:02.680] You know John, I've only got one eardrum and I think you just blew it out.
[20:02.680 --> 20:13.680] Oops sorry about that, okay tell me if this is right or wrong, where we go, if I get this
[20:13.680 --> 20:17.000] right.
[20:17.000 --> 20:22.480] The government and the Census Bureau, I guess they're one and the same, they have no authority
[20:22.480 --> 20:29.040] to ask more than one question on the census, the number of people in the house.
[20:29.040 --> 20:35.840] And the government has no power to find someone, to find them for not answering that one question
[20:35.840 --> 20:38.000] or any question.
[20:38.000 --> 20:44.680] The Constitution says that the Congress can make an enumeration by law.
[20:44.680 --> 20:50.960] It says nothing about finding you in the Constitution and since Title 13 is a statute
[20:50.960 --> 20:58.240] and says there's a sign if you don't answer the question, since Title 13 is not a law
[20:58.240 --> 21:05.560] that the Constitution refers to and Title 13 contradicts the Constitution, they can't
[21:05.560 --> 21:10.560] find you for not answering the census, did I get that right?
[21:10.560 --> 21:14.600] No, I didn't get it right.
[21:14.600 --> 21:18.800] Title 13, if it's not a law, what is it?
[21:18.800 --> 21:20.600] A statute.
[21:20.600 --> 21:21.600] That's a law.
[21:21.600 --> 21:27.320] Yeah but the Constitution doesn't say anything about finding.
[21:27.320 --> 21:34.720] Yeah but the Constitution does grant the Legislature authority to pass law, finding
[21:34.720 --> 21:35.720] on the people.
[21:35.720 --> 21:44.520] Yeah but the law, when over a law, the Legislature can pass everything you want, like the Brady
[21:44.520 --> 21:51.280] Bill and if it's unconstitutional, if it goes against what the Constitution says, and
[21:51.280 --> 21:55.280] there's no authority in the Constitution to find someone.
[21:55.280 --> 21:59.360] Now this is from Judge Andrew Pax?
[21:59.360 --> 22:07.720] It's true that if something's unconstitutional, it's void ab initio, however, it will be treated
[22:07.720 --> 22:13.960] as if it is valid until it is shown to be void.
[22:13.960 --> 22:23.400] If a court has never ruled that a statute is void, then the police, the executive may
[22:23.400 --> 22:27.440] act on that statute as if it were valid.
[22:27.440 --> 22:36.920] All right, now the reason why I'm asking this is because Judge Andrew Napolitano quoted
[22:36.920 --> 22:42.440] just what I just told you and he made it very emphatic.
[22:42.440 --> 22:50.120] He said they think they have the right or the authority to find you and they don't.
[22:50.120 --> 22:56.240] And they have no authority to ask more than one question, how many people in a house?
[22:56.240 --> 23:02.800] Not their names, not if they're Asian or African or Zimbabwe or whatever.
[23:02.800 --> 23:10.960] And that's all they can ask is the Constitution says, enumeration by law.
[23:10.960 --> 23:15.760] And according to what Judge Napolitano says, now how do you address that?
[23:15.760 --> 23:21.720] Is that a gray area or is he completely wrong or what's the smoke with that?
[23:21.720 --> 23:30.680] Okay, you're speaking to an area of law I'm not intimately familiar with.
[23:30.680 --> 23:40.000] Okay, the Constitution authorizes a census, is that correct?
[23:40.000 --> 23:43.440] Yes, yep.
[23:43.440 --> 23:48.760] And the only reference they make is an enumeration.
[23:48.760 --> 23:59.440] Does the Constitution specify anything further concerning an enumeration?
[23:59.440 --> 24:05.760] Not that I've ever read, not that I've ever read, it just says you can count the number
[24:05.760 --> 24:06.760] of heads.
[24:06.760 --> 24:15.240] Well, does that what it says, they may count the number of heads or does it say an enumeration?
[24:15.240 --> 24:22.120] It just says Congress may make an enumeration pursuant to law.
[24:22.120 --> 24:23.920] Okay.
[24:23.920 --> 24:33.760] What does enumeration mean in the federal law relating to census?
[24:33.760 --> 24:38.600] Well, I've never looked up enumeration in black law, but...
[24:38.600 --> 24:42.520] Okay, you've got to get... Okay, that is the key word.
[24:42.520 --> 24:44.640] What does enumeration mean?
[24:44.640 --> 24:51.880] Does it mean you may count the number of living human beings domiciled in this location or
[24:51.880 --> 25:02.280] does it mean you may count other things as well, gender, age?
[25:02.280 --> 25:03.720] What does it mean?
[25:03.720 --> 25:06.880] What has the courts said that it means?
[25:06.880 --> 25:09.920] And that's your specific issue.
[25:09.920 --> 25:18.320] We're asserting that enumeration only means counting the number of living souls domiciled
[25:18.320 --> 25:20.880] in a location.
[25:20.880 --> 25:27.840] And I seriously doubt that's what the courts have held it to mean.
[25:27.840 --> 25:34.520] If the legislature had intended that you can only count the number of people living in
[25:34.520 --> 25:39.400] a particular domicile, they would have said so.
[25:39.400 --> 25:46.920] And they said you will make an enumeration, they chose that word very carefully.
[25:46.920 --> 25:53.320] So why did they choose that word instead of the obvious, which would be count the number
[25:53.320 --> 25:55.320] of people?
[25:55.320 --> 26:00.520] Should I look up enumeration in black law dictionary?
[26:00.520 --> 26:07.280] Would that be enough or... Then look it up and then read the case law that
[26:07.280 --> 26:14.160] black refers to because blacks, first off, it's not sightable.
[26:14.160 --> 26:20.880] The underlying case law is, but if you're looking for a definition of a single word,
[26:20.880 --> 26:29.840] it's very likely that blacks is going to give you a legal variations on Webster's definition
[26:29.840 --> 26:35.600] for the term enumeration, and enumeration is essentially going to be assigning numbers
[26:35.600 --> 26:38.080] to something.
[26:38.080 --> 26:39.520] And that's not going to be helpful.
[26:39.520 --> 26:45.600] You need a definition of enumeration relative to census taking.
[26:45.600 --> 26:54.680] Okay, so that they, you're saying that they can find an individual?
[26:54.680 --> 26:58.480] No, I'm not saying you're such a saying.
[26:58.480 --> 27:01.200] We're talking about the definition of enumeration.
[27:01.200 --> 27:08.200] Oh, am I right in that the Constitution doesn't specify that the government has the right
[27:08.200 --> 27:12.640] to find you if you don't comply with counting?
[27:12.640 --> 27:17.680] Keep in mind that the Constitution is for the most part a restrictive document.
[27:17.680 --> 27:19.880] Right, for the government.
[27:19.880 --> 27:20.880] Yeah.
[27:20.880 --> 27:32.120] If the founders intended that the governmental entities, the census takers, be restricted
[27:32.120 --> 27:38.600] from finding you for not participating, they would have said so.
[27:38.600 --> 27:39.600] But they didn't.
[27:39.600 --> 27:47.040] But is it the opposite, true, that the Constitution is a limit to what the government can do, isn't
[27:47.040 --> 27:48.040] it, Bill?
[27:48.040 --> 27:49.920] That's exactly what I was saying.
[27:49.920 --> 28:05.680] But if the founders intended that the census takers be restricted from setting fines for
[28:05.680 --> 28:10.120] failure to participate, they would have said so.
[28:10.120 --> 28:14.720] But they did not restrict them, and since they're not restricted, I would say they can
[28:14.720 --> 28:15.720] do that.
[28:15.720 --> 28:20.080] Yeah, but I thought the Constitution was...
[28:20.080 --> 28:21.080] What's the government...
[28:21.080 --> 28:23.880] If it's not the Constitution, the government can't do it.
[28:23.880 --> 28:24.880] No.
[28:24.880 --> 28:26.880] That's what I understood it to be.
[28:26.880 --> 28:27.880] No?
[28:27.880 --> 28:28.880] No, no, no.
[28:28.880 --> 28:29.880] The government...
[28:29.880 --> 28:32.800] The Constitution doesn't grant authority, it restricts authority.
[28:32.800 --> 28:33.800] Right.
[28:33.800 --> 28:35.400] And if it's not in there?
[28:35.400 --> 28:36.400] No.
[28:36.400 --> 28:37.400] What the government...
[28:37.400 --> 28:42.600] What the Constitution says, these are the things you can't do.
[28:42.600 --> 28:49.800] If it's not enumerated in here that you can't do this, then that implies that you can do
[28:49.800 --> 28:58.360] it, so long as the doing doesn't infringe on some other law or some specific right.
[28:58.360 --> 29:03.400] All right, what I'll do is I'll send you the very short video.
[29:03.400 --> 29:08.560] I think it's about five minutes, or maybe less, Judge Andrew Napolitan, I'll send that
[29:08.560 --> 29:13.920] video and listen to how he works it and what he's done, and you tell me if he's right.
[29:13.920 --> 29:15.520] Now, that guy's a good...
[29:15.520 --> 29:18.240] If he's some kind of a nut, maybe, or...
[29:18.240 --> 29:19.240] No, no, no.
[29:19.240 --> 29:26.360] I think maybe you misunderstood either what he's saying or the perspective from which
[29:26.360 --> 29:29.640] he's saying it, because this guy's no job.
[29:29.640 --> 29:32.120] No, he's very good.
[29:32.120 --> 29:35.560] Napolitano has a good reputation, as you know.
[29:35.560 --> 29:36.560] Yes.
[29:36.560 --> 29:43.560] Hang on, pick this up on the other side, Randy Kelton, Rule of Law Radio, our call in number
[29:43.560 --> 29:51.240] 512-646-1984, you have room on the call board, if you have a question or comment, give us
[29:51.240 --> 30:01.280] a call, we'll be right back.
[30:01.280 --> 30:05.720] Everyone knows that walking is great exercise, but you might not know that the way you walk
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[30:07.920 --> 30:13.080] I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication
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[31:57.920 --> 31:58.920] Why it fell?
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[31:59.920 --> 32:00.920] And what you can do.
[32:00.920 --> 32:05.720] Logos Radio Network welcomes a new show to our lineup for the new year.
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[33:32.200 --> 33:34.320] Okay, we are back.
[33:34.320 --> 33:42.360] Randy Kelton, Rula Law Radio on this Friday, the 23rd day of October 2020, and we're talking
[33:42.360 --> 33:46.480] to John in New York.
[33:46.480 --> 33:50.480] Okay, do you have any other questions?
[33:50.480 --> 33:55.240] This was a question about you have a problem with the census.
[33:55.240 --> 33:59.520] What is your problem with the census?
[33:59.520 --> 34:05.880] I saw two judges, Judge Andrew Napolitano, who said what I just said, and then there
[34:05.880 --> 34:13.200] was a lady judge who kind of stuck a monkey wrench in the Census Bureau's gears that
[34:13.200 --> 34:19.280] they were asking too many questions and that some of the questions were not constitutional
[34:19.280 --> 34:23.560] and that kind of gummed up their works for a while.
[34:23.560 --> 34:30.240] But I don't remember, I didn't conclude that with any court rulings.
[34:30.240 --> 34:37.760] I guess she stopped it for a while or brought question to it and I don't know what the official
[34:37.760 --> 34:44.080] outcome of that was, but I'll send you the link to Judge Andrew Napolitano and then tell
[34:44.080 --> 34:51.160] me if what he's saying is accurate or not and like maybe I missed something in the process.
[34:51.160 --> 35:00.960] I would not be so presumptuous to consider that I could trump Napolitano certainly out
[35:00.960 --> 35:01.960] of my league.
[35:01.960 --> 35:14.040] I'm just a local chump hillbilly, but I may be able to better explain where Napolitano
[35:14.040 --> 35:16.040] is going.
[35:16.040 --> 35:29.040] Right, okay, if you get that material on the executive orders, is that helpful at all?
[35:29.040 --> 35:38.040] Well, what I got from you were general statements about executive orders.
[35:38.040 --> 35:41.760] I sent you back an email asking for specifics.
[35:41.760 --> 35:43.760] I'd like to see the orders themselves.
[35:43.760 --> 35:47.000] Well, I did, I sent those, didn't you get them?
[35:47.000 --> 35:53.280] I don't recall getting those, but have you went through them?
[35:53.280 --> 35:58.480] I went through a few of them and some of the ones were the ones I was familiar with.
[35:58.480 --> 36:06.520] Like what he did was he used the 14-year-old photograph with evidence that the modern Jews
[36:06.520 --> 36:15.480] were not following the match rule and the numbers of rule in their synagogue and...
[36:15.480 --> 36:20.200] Okay, wait, a 14-year-old photograph, what did that mean?
[36:20.200 --> 36:26.800] Well, there was a 14-year-old photograph, and 14 years ago nobody wore a match.
[36:26.800 --> 36:31.520] No, you just, you dropped that in like a bomb in the middle of something.
[36:31.520 --> 36:39.840] Are you saying that he produced a photograph of Jews in a synagogue not wearing masks and
[36:39.840 --> 36:45.720] used that photograph as evidence to support his assertion that they weren't wearing masks,
[36:45.720 --> 36:51.000] but the photograph itself was 14 years old?
[36:51.000 --> 36:57.600] No, he was trying to stay, it was a couple of weeks ago.
[36:57.600 --> 37:02.320] And this is going on about a couple of weeks now, so it might be a month now.
[37:02.320 --> 37:08.880] And in other words, he was trying to use a photograph that there was no law about wearing
[37:08.880 --> 37:10.520] masks when that picture was taken.
[37:10.520 --> 37:15.720] Okay, well, what was the point of going after Jews in a synagogue?
[37:15.720 --> 37:22.400] Going after Jews in any perspective seems to be really, really dangerous ground for
[37:22.400 --> 37:23.920] a politician.
[37:23.920 --> 37:31.920] Especially in New York, so why, what was that about?
[37:31.920 --> 37:36.000] Well, I'm going to tell you what I think it's about.
[37:36.000 --> 37:42.600] I've been doing, I've been doing research on communism since I was seven years old.
[37:42.600 --> 37:51.200] I just happened to live in a household where my parents were very, very aware of communism.
[37:51.200 --> 38:00.080] Now, just remember, the president, he did things in favor of Israel.
[38:00.080 --> 38:06.800] He passed, I don't know what you'd call it, he signed something declaring that the capital
[38:06.800 --> 38:12.800] was such and such and it was very beneficial for the Jewish population and the Jewish people
[38:12.800 --> 38:15.200] really liked that.
[38:15.200 --> 38:16.680] He moved the embassy.
[38:16.680 --> 38:19.600] I'm sorry?
[38:19.600 --> 38:22.200] He moved the U.S. embassy, I believe.
[38:22.200 --> 38:24.800] Yeah, I think that was it.
[38:24.800 --> 38:30.440] So whatever it was that he did was very, very much in favor of the Jewish population and
[38:30.440 --> 38:31.440] they appreciated that.
[38:31.440 --> 38:37.160] Now, if Trump does something, he's a Republican, if he does something, don't you know that
[38:37.160 --> 38:40.040] the Democrats are going to come?
[38:40.040 --> 38:44.720] The Democrats are against the United States having anything to do with Israel.
[38:44.720 --> 38:52.000] They're against anything beneficial to the United States to do for Israel and they're
[38:52.000 --> 38:56.160] just naturally against anything that Trump does anyway.
[38:56.160 --> 38:57.160] That's...
[38:57.160 --> 38:59.440] It gets up, huh?
[38:59.440 --> 39:04.680] I'm uncomfortable with those kinds of statements.
[39:04.680 --> 39:12.080] It seems hyperbole in that it's kind of an overstatement.
[39:12.080 --> 39:20.760] I have never heard the Democrats attack the Jewish population directly at all.
[39:20.760 --> 39:29.480] I think that Trump says they're going to disagree with and that's a Republican.
[39:29.480 --> 39:37.000] I'm sure that that is more of a Republican tendency to side with Israel than it is a
[39:37.000 --> 39:38.000] Democrat.
[39:38.000 --> 39:45.960] Well, presidents have always sided with Israel because the Israeli lobby in this country
[39:45.960 --> 39:50.920] is extremely powerful.
[39:50.920 --> 39:53.800] We're pals with Israel.
[39:53.800 --> 39:56.920] We are their allies, basically.
[39:56.920 --> 39:57.920] Exactly.
[39:57.920 --> 40:05.040] Basically, specifically their allies and we made it very clear that we're aligned with
[40:05.040 --> 40:08.640] Israel against all comers.
[40:08.640 --> 40:16.120] The Jewish population in the United States is large and it is economically powerful.
[40:16.120 --> 40:23.560] No president is right, political mind will cross the Jews, the Jewish community.
[40:23.560 --> 40:25.800] I don't like using the term Jews.
[40:25.800 --> 40:30.120] My father-in-law was an Armenian Jew.
[40:30.120 --> 40:39.560] Jews always feel pejorative to me, but anyway, they are a large lobby and it's political
[40:39.560 --> 40:43.520] suicide to go directly against them.
[40:43.520 --> 40:50.800] Democrat-Republican doesn't make any difference.
[40:50.800 --> 40:54.560] The governor in New York has attacked the Jews directly?
[40:54.560 --> 40:55.560] Oh, yeah.
[40:55.560 --> 40:56.560] Geez.
[40:56.560 --> 41:02.400] I did that, I did that, I did that, I did that, I did that, I did that.
[41:02.400 --> 41:03.400] I did that.
[41:03.400 --> 41:09.800] I'll go back and get it and I'll show you how he came right out and boy, he was that
[41:09.800 --> 41:10.800] one.
[41:10.800 --> 41:21.960] I really wanted to find out more about the orders that he's given.
[41:21.960 --> 41:27.040] This whole presentation in the beginning of this show was all about the orders given
[41:27.040 --> 41:33.200] by the governor and how they violated the limits of his authority.
[41:33.200 --> 41:42.400] As I understand, the Cuomo went to the legislature to get approval for some of the things that
[41:42.400 --> 41:44.840] he did in his executive orders.
[41:44.840 --> 41:51.840] Did he do that in all of them or does he have orders that were not approved by the legislature?
[41:51.840 --> 42:00.400] Well, all I can answer is that the legislature passed legislation giving him a lot more power.
[42:00.400 --> 42:06.000] Now, what that was exactly, I don't know, I didn't look that up, all I know is that
[42:06.000 --> 42:10.240] a lot of what he did was with the legislature's blessing.
[42:10.240 --> 42:17.280] And then a Republican senator from the state, a state senator, I guess she introduced a
[42:17.280 --> 42:25.200] bill to limit the governor's power in that, like what he did with COVID-19 to limit his
[42:25.200 --> 42:31.560] powers because of what he did with putting sick people in with the nursing home patients,
[42:31.560 --> 42:33.560] killing, I don't know, how many thousands?
[42:33.560 --> 42:36.200] Today, I heard it was like 12,000.
[42:36.200 --> 42:40.320] Now whether or not they all died because of him, I don't know, but a lot of people died
[42:40.320 --> 42:43.680] because of him and they wanted to limit that power.
[42:43.680 --> 42:49.240] So first they give him the power and now she introduces a bill, or was one of the introducers
[42:49.240 --> 42:56.840] of the bill, to limit his power regarding COVID-19, then I do know.
[42:56.840 --> 43:03.120] Now follow my reasoning now that I know this isn't written in stone, but when you see a
[43:03.120 --> 43:08.040] doc that walks like a doc, talks like a doc, he's got a bill, he's got centers on his tail,
[43:08.040 --> 43:14.520] and he's got slapping type of feet, web feet, you know he's a doc.
[43:14.520 --> 43:18.760] Here goes my analogy, and you can comment on this.
[43:18.760 --> 43:29.800] Like I said, Trump passed that official recognition, 30 seconds, he passed that official recognition
[43:29.800 --> 43:38.400] about the, whatever building that is, you set the embassy, and...
[43:38.400 --> 43:43.360] Okay, hold on, hold on, you're not going to make it, Randy Kelton, rule of law radio,
[43:43.360 --> 43:52.160] I call in number 512-646-1984, give us a call, we've got another hour and 15 minutes,
[43:52.160 --> 43:57.960] so we can probably take one, maybe two more call in, they've got two on the board, I
[43:57.960 --> 44:00.720] 'll handle one more, we'll be right back.
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[46:22.480 --> 46:33.640] Okay, we are back.
[46:33.640 --> 46:46.480] Randy Kelton, rule of law radio, and we're talking to John in New York, and I guess another
[46:46.480 --> 46:52.440] question I'd like to ask, unless not I couldn't watch the debates because I was doing a show.
[46:52.440 --> 46:56.320] Did you watch the debates, John?
[46:56.320 --> 47:03.280] Not live, I watched them afterwards all recorded, and Biden was lying his head off, and I did
[47:03.280 --> 47:09.560] news for over 40 years, and I know lies when I hear them, and I know what the truth was,
[47:09.560 --> 47:12.760] and it was lie after lie.
[47:12.760 --> 47:17.640] How did the two handle themselves in this debate?
[47:17.640 --> 47:19.400] More like adults.
[47:19.400 --> 47:20.400] Oh, wonderful.
[47:20.400 --> 47:27.000] I was concerned we'd have another free-for-all like the last one, so I'm glad they...
[47:27.000 --> 47:32.400] I suspect everybody chewed them out about that.
[47:32.400 --> 47:36.680] But yeah, but the moderator was clearly for Biden.
[47:36.680 --> 47:37.960] You could see the bias.
[47:37.960 --> 47:40.000] Oh, it was the same way with the first one.
[47:40.000 --> 47:48.080] I was amazed at how he constructed questions that were so lopsided if I was Trump, I would
[47:48.080 --> 47:50.240] have never touched those questions.
[47:50.240 --> 47:57.280] I would have landed right square in the middle of the moderator, and had him cut that nonsense
[47:57.280 --> 47:58.280] out.
[47:58.280 --> 48:00.280] You asked me a straight question.
[48:00.280 --> 48:03.600] So yeah, I've seen that.
[48:03.600 --> 48:06.080] Another thing was public radio.
[48:06.080 --> 48:10.240] You heard that public radio has announced that they will not cover the Hunter Biden-ish
[48:10.240 --> 48:14.040] story because they did not consider it news.
[48:14.040 --> 48:17.440] Oh, public radio is so far left.
[48:17.440 --> 48:18.440] It's diamond.
[48:18.440 --> 48:19.440] That's funny.
[48:19.440 --> 48:29.680] I am planning constructing a civil lawsuit to file against public radio, asking that
[48:29.680 --> 48:35.560] public radio return all of the public funds that it received under contract.
[48:35.560 --> 48:39.400] I have to get the contract first and read it.
[48:39.400 --> 48:46.800] But this appears to breach their contract with the public.
[48:46.800 --> 48:51.040] They don't have the authority not to cover a story.
[48:51.040 --> 48:59.240] I was getting frustrated with public radio because all of the news and programs I'd been
[48:59.240 --> 49:07.040] hearing were so clearly biased that I was, you know, I'm not a Republican and I'm not
[49:07.040 --> 49:08.560] a Democrat.
[49:08.560 --> 49:11.200] I want to hear good arguments from both sides.
[49:11.200 --> 49:19.040] I am concerned that the Republicans this time, this cycle will get control of the House
[49:19.040 --> 49:22.080] and the Senate.
[49:22.080 --> 49:24.680] That's a scary proposition.
[49:24.680 --> 49:31.160] It's a scary proposition for either side to have control of both the House and the Senate.
[49:31.160 --> 49:39.080] So I want good information, but I can't get good information.
[49:39.080 --> 49:41.960] Getting the truth, that's why.
[49:41.960 --> 49:42.960] Yeah.
[49:42.960 --> 49:45.320] Well, I know I'm not going to get the truth.
[49:45.320 --> 49:47.680] I mean, that goes without saying.
[49:47.680 --> 49:56.720] But at least I could get some emphasis on issues that are relevant and salient to me.
[49:56.720 --> 49:58.920] I'm not getting any of that.
[49:58.920 --> 50:04.040] Nothing but hateful trash back and forth.
[50:04.040 --> 50:08.080] Trump tries to talk about some of the things that he's did to improve the economy.
[50:08.080 --> 50:11.960] And that's because he's a president and he's done stuff and he's got stuff to talk about.
[50:11.960 --> 50:22.360] But the Democrats, and I'm trying not to sound lopsided, but he is lopsided.
[50:22.360 --> 50:27.560] I can't imagine, you know, there's Republicans and there's Democrats and then there's this
[50:27.560 --> 50:29.640] big group in the middle.
[50:29.640 --> 50:37.200] Well, I'm in the middle and I'm trying to get something from the Democrats positive.
[50:37.200 --> 50:41.600] And all I'm getting is trash on top of trash on top of trash.
[50:41.600 --> 50:43.800] Am I missing something here?
[50:43.800 --> 50:44.800] Yeah.
[50:44.800 --> 50:45.800] And explain.
[50:45.800 --> 50:50.320] Tony, who's the word lopsided?
[50:50.320 --> 50:54.080] I was just about to say lopsided when you did.
[50:54.080 --> 50:58.040] The moderator, it was lopsided in favor of Biden.
[50:58.040 --> 51:00.000] Let me explain something.
[51:00.000 --> 51:07.240] There was a radio, television station, it's PBS in one of our local communities in upstate
[51:07.240 --> 51:08.240] New York.
[51:08.240 --> 51:09.240] I won't mention it.
[51:09.240 --> 51:10.240] To be kind.
[51:10.240 --> 51:11.240] Don't be kind.
[51:11.240 --> 51:16.240] They didn't earn kind.
[51:16.240 --> 51:18.240] They haven't earned kind.
[51:18.240 --> 51:20.640] I haven't won.
[51:20.640 --> 51:21.640] I'm sorry.
[51:21.640 --> 51:24.040] They haven't earned kind.
[51:24.040 --> 51:27.040] Oh, well, no, I know, I know.
[51:27.040 --> 51:33.880] But I'll be professional, here's an explanation, Reagan back in the 80s cut funding to public
[51:33.880 --> 51:35.800] television big time.
[51:35.800 --> 51:37.440] And of course, they were complaining.
[51:37.440 --> 51:43.880] But one day I had to go up to one of the public radio or public television stations.
[51:43.880 --> 51:48.880] They were selling a board and we needed a board at our station.
[51:48.880 --> 51:51.360] So I went up to look at it.
[51:51.360 --> 51:59.880] And in the process, I can understand how President Reagan cut funding big time to public television.
[51:59.880 --> 52:06.000] Because I saw people sitting around their boards, their control boards, three people
[52:06.000 --> 52:11.560] just sitting there staring at the ceiling, three people literally three doing the job
[52:11.560 --> 52:13.640] one person could do.
[52:13.640 --> 52:16.720] So I understand why he cut the funding.
[52:16.720 --> 52:21.040] And I said, goody, goody, gum drops, that's number one.
[52:21.040 --> 52:27.160] Number two, public radio and television is hatefully communist.
[52:27.160 --> 52:28.880] And here's my third explanation.
[52:28.880 --> 52:30.400] Maybe this will make things clearer.
[52:30.400 --> 52:31.800] It's a real short one.
[52:31.800 --> 52:33.600] You'll appreciate that.
[52:33.600 --> 52:38.760] Trump likes to help the Jewish people because he helps everybody.
[52:38.760 --> 52:45.320] And the Democrats hate Trump, so the Democrats quite naturally are probably going to single
[52:45.320 --> 52:48.880] out the Jewish population and hate them.
[52:48.880 --> 52:51.120] That's why Cuomo did what he did.
[52:51.120 --> 52:54.920] Iran also hates Trump.
[52:54.920 --> 52:59.480] And naturally, they don't particularly care for the Jewish population either.
[52:59.480 --> 53:01.400] So there you have it on both sides.
[53:01.400 --> 53:05.120] You've got people on one side and people on the other.
[53:05.120 --> 53:08.120] You've got the left and then you've got the right.
[53:08.120 --> 53:12.480] You've got freedom on the right and you've got tyranny on the left.
[53:12.480 --> 53:13.480] And that's it.
[53:13.480 --> 53:14.480] Hold on.
[53:14.480 --> 53:23.080] I am a little uncomfortable with this kind of lopsided analysis.
[53:23.080 --> 53:27.600] These are overgeneralizations and I'm uncomfortable with them.
[53:27.600 --> 53:31.520] I know lots of people who are Democrats and they don't hate Jews.
[53:31.520 --> 53:37.680] Well, I, yeah, I know, I know.
[53:37.680 --> 53:43.080] This goes to strongman issues where you pick a minor point, exaggerate the point and then
[53:43.080 --> 53:48.360] attack the exaggeration, send the form of overgeneralizations, and I'm uncomfortable
[53:48.360 --> 53:49.360] with that.
[53:49.360 --> 53:57.160] I want, I want good information, the, instead of just casting dispersions, what's really
[53:57.160 --> 54:01.720] going on with the, with the Democrats?
[54:01.720 --> 54:09.320] What is the motivation for this singular focus on Trump and no focus on issues?
[54:09.320 --> 54:19.000] Well, you have to understand there's the left and there's the right.
[54:19.000 --> 54:25.240] Most people think that they're in the middle and that's kind of a, you know, they think
[54:25.240 --> 54:26.240] they're in the middle.
[54:26.240 --> 54:30.080] Some of them that are really in the middle are, there are some people that really aren't
[54:30.080 --> 54:34.080] in the middle and if they're not communists, they're far right.
[54:34.080 --> 54:40.720] You have to understand that communists, what they're doing is, it's like BLM, they've
[54:40.720 --> 54:43.720] got storefront, what's in the storefront window?
[54:43.720 --> 54:48.720] Well, we're going to save black people from the cops.
[54:48.720 --> 54:54.240] We're going to save them from black, from, from cop tyranny and brutality, but that's
[54:54.240 --> 54:55.920] not what BLM is all about.
[54:55.920 --> 54:57.400] You know it and I know it.
[54:57.400 --> 54:59.720] The same with Antifa.
[54:59.720 --> 55:05.360] They are about anarchy, riots, burning cities and that's what their main job is to cause
[55:05.360 --> 55:07.800] confusion, chaos and rebellion.
[55:07.800 --> 55:10.560] That's how communists take over a country.
[55:10.560 --> 55:16.040] First there were riots and there's food shortages just like here, then there's no toilet paper
[55:16.040 --> 55:22.840] like in Venezuela and you, that's how they do their job and there's this, this name game.
[55:22.840 --> 55:24.640] They play the name game.
[55:24.640 --> 55:36.240] First it's illegal immigrants, then it's undocumented workers, then it's undocumented professionals.
[55:36.240 --> 55:37.760] They sugarcoat things.
[55:37.760 --> 55:42.080] They change the words, the narratives.
[55:42.080 --> 55:43.080] There's no men and women.
[55:43.080 --> 55:48.360] You'll get thrown out of school if you admit that there is two sexes, male and female.
[55:48.360 --> 55:52.160] Now they want you to admit that there are transgenders.
[55:52.160 --> 55:58.240] There's lesbians and the homosexuals and, and, okay, hold on, hold on.
[55:58.240 --> 56:01.080] This is so much propaganda.
[56:01.080 --> 56:04.360] I'm having trouble with it.
[56:04.360 --> 56:11.920] I have a, my son married a woman from Bulgaria and recently her parents, all the kids moved
[56:11.920 --> 56:16.320] to the United States and her parents sold the property there and moved here.
[56:16.320 --> 56:17.960] The father doesn't speak English at all.
[56:17.960 --> 56:20.800] He speaks Bulgarian and Russian.
[56:20.800 --> 56:25.280] And they have a friend, Igor, Igor is a Russian.
[56:25.280 --> 56:27.560] He worked for the Russian government.
[56:27.560 --> 56:39.920] He was a bureaucrat his whole life and he has a whole different perspective on communism.
[56:39.920 --> 56:45.760] He struggles here to understand the system.
[56:45.760 --> 56:52.840] And communism, everybody, you know, all his life, he had a relatively easy life.
[56:52.840 --> 56:55.400] He didn't have to buy his own apartment.
[56:55.400 --> 56:57.920] He didn't have to pay for medical.
[56:57.920 --> 57:02.400] All his kids went to college, all paid for.
[57:02.400 --> 57:10.520] He looks here, when he came to America, he was amazed at how much Americans are struggling.
[57:10.520 --> 57:16.360] So when you're speaking to communism as it is, as if it is the absolute terror of the
[57:16.360 --> 57:22.360] planet, Igor, he has a whole different perspective on communism.
[57:22.360 --> 57:28.760] And yeah, we had some difficulties, you know, we had shortages of certain things, but then
[57:28.760 --> 57:34.200] we think what he says is the only thing we saw here were the things that had shortages
[57:34.200 --> 57:40.920] in it, and they were minor, that for the most part, they had pretty much what they wanted.
[57:40.920 --> 57:46.960] That while we're getting his propaganda, all they got is propaganda.
[57:46.960 --> 57:52.960] You know, so I'm uncomfortable with those gross over generalizations.
[57:52.960 --> 58:00.680] I want to understand what's really going on before and after it became communist.
[58:00.680 --> 58:06.600] Before it became communist, it was absolutely horrible.
[58:06.600 --> 58:12.320] He became communist after they killed off the aristocracy, and the aristocracy was like
[58:12.320 --> 58:15.360] in France before the French Revolution.
[58:15.360 --> 58:22.120] They just starved the public to death, because it was much worse before communism than it
[58:22.120 --> 58:24.200] was in communism.
[58:24.200 --> 58:28.200] Communism had its problems, but there was nothing compared to what they experienced before
[58:28.200 --> 58:29.200] that.
[58:29.200 --> 58:37.200] Moving on, Randy Kelton with Law Radio, call in number 512-646-1984.
[58:37.200 --> 58:43.640] We do have a couple more callers, so I do want to move on, John.
[58:43.640 --> 58:45.680] We'll pick you up next week.
[58:45.680 --> 58:50.320] Okay, we'll be right back.
[58:50.320 --> 58:54.440] Would you like to make more definite progress in your walk with God?
[58:54.440 --> 58:59.640] Laws for America is offering a free study Bible and a set of free Christian books that
[58:59.640 --> 59:00.960] can really help.
[59:00.960 --> 59:05.320] The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.320 --> 59:06.320] today.
[59:06.320 --> 59:10.320] It's an accurate translation, and it contains thousands of footnotes that will help you
[59:10.320 --> 59:13.440] to know God and to know the meaning of life.
[59:13.440 --> 59:18.680] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.680 --> 59:22.960] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.960 --> 59:27.920] of salvation, growing in Christ and how to build up the church.
[59:27.920 --> 59:32.920] To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.920 --> 59:45.720] Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102, or visit
[59:45.720 --> 59:48.880] us online at bfa.org.
[59:48.880 --> 01:00:00.720] You're listening to the Logos Radio Network at www.logosradionetwork.com.
[01:00:00.720 --> 01:00:06.800] The following news flash is brought to you by The Lowest Star Lowdown.
[01:00:06.800 --> 01:00:13.120] Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[01:00:13.120 --> 01:00:21.120] silver at $16.45 an ounce, copper at $2.75 an ounce, oil at $55.63 a barrel, brand
[01:00:21.120 --> 01:00:29.360] crude at $62.47 a barrel, and cryptos in order of market cap, bitcoin core at $10,566.52,
[01:00:29.360 --> 01:00:44.040] Ethereum at $227.26, XRP Ripple at $0.33, Litecoin at $100.31, and Bitcoin Cash at $324.10 a
[01:00:44.040 --> 01:00:46.040] crypto coin.
[01:00:46.040 --> 01:00:52.440] Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb was detonated
[01:00:52.440 --> 01:00:57.760] on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[01:00:57.760 --> 01:01:04.760] 10 and injuring 40 today in history.
[01:01:04.760 --> 01:01:09.800] And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hempett attacks
[01:01:09.800 --> 01:01:15.000] his law back in June, county prosecutors around the state including Houston, Austin, San Antonio
[01:01:15.000 --> 01:01:19.120] have been dropping marijuana possession charges and even refusing to file new ones since they
[01:01:19.120 --> 01:01:23.200] are stipulating that they do not have the time or the laboratory equipment to test the
[01:01:23.200 --> 01:01:27.920] herb for THC. Margaret Moore, the Travis County District Attorney, announced earlier this
[01:01:27.920 --> 01:01:32.880] month that she was dismissing 32 felony possession and delivery of marijuana cases because of
[01:01:32.880 --> 01:01:33.880] the law.
[01:01:33.880 --> 01:01:37.560] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:01:37.560 --> 01:01:42.080] to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:42.080 --> 01:01:48.240] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:01:48.240 --> 01:01:54.480] well as other cities too like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:01:54.480 --> 01:01:58.960] who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:58.960 --> 01:02:01.760] prosecution of marijuana cases in El Paso.
[01:02:01.760 --> 01:02:06.760] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.760 --> 01:02:10.760] in Harris County who stated that, quote, the law is constantly changing on what makes
[01:02:10.760 --> 01:02:13.480] something illegal based on its chemical makeup.
[01:02:13.480 --> 01:02:17.360] It's important that if someone is charged with something, the test matches what they're
[01:02:17.360 --> 01:02:22.600] charged with.
[01:02:22.600 --> 01:02:27.240] A paper by Tulane University identified a five and a half inch American pocket shark
[01:02:27.240 --> 01:02:32.360] as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[01:02:32.360 --> 01:02:38.000] shark ever captured or recorded with the other one being found way back in 1979 in the East
[01:02:38.000 --> 01:02:39.200] Pacific Ocean.
[01:02:39.200 --> 01:02:43.800] According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.800 --> 01:02:50.080] its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[01:02:50.080 --> 01:03:18.480] glow.
[01:03:20.080 --> 01:03:28.760] Okay, we are back, Randy Kelton, Wheel of Law Radio on this Friday, the 23rd day of
[01:03:28.760 --> 01:03:34.440] October, 2020, and we're going to Robert in California.
[01:03:34.440 --> 01:03:35.940] Hello, Robert.
[01:03:35.940 --> 01:03:38.600] What do you have for us today?
[01:03:38.600 --> 01:03:41.840] Well, can you hear me all right?
[01:03:41.840 --> 01:03:43.320] Yes, I can.
[01:03:43.320 --> 01:03:45.320] Okay.
[01:03:45.320 --> 01:03:53.720] I wanted to, after listening to Deborah last night, I had some ideas about a judge that
[01:03:53.720 --> 01:04:04.280] told me in court that I could remove my mask, that we were far enough away to be safe.
[01:04:04.280 --> 01:04:15.120] And I have made a judicial complaint against him about his statement because of what Deborah
[01:04:15.120 --> 01:04:19.800] had to say about his medical credentials.
[01:04:19.800 --> 01:04:29.440] And I wanted to learn that by you, and I'm proud of that.
[01:04:29.440 --> 01:04:42.280] So you're accusing him of making a medical analysis or a medical diagnosis of the likelihood
[01:04:42.280 --> 01:04:45.880] of contamination based on this distance.
[01:04:45.880 --> 01:04:49.880] Right, he endangered me.
[01:04:49.880 --> 01:04:50.880] I'm vulnerable.
[01:04:50.880 --> 01:05:01.840] Well, you know, I could spit 20 feet once, I can't now, but, okay, so, yeah, I could,
[01:05:01.840 --> 01:05:08.200] you could, well, you could.
[01:05:08.200 --> 01:05:11.280] Well, I'm going to.
[01:05:11.280 --> 01:05:14.880] Oh, wonderful.
[01:05:14.880 --> 01:05:24.320] I have someone I'm going to try to bring on out of Pennsylvania, who you will appreciate.
[01:05:24.320 --> 01:05:33.960] He followed Robert Fox's affidavit methodologies, I'm going to talk about those more, but he's
[01:05:33.960 --> 01:05:38.640] beating up Pennsylvania the way you're beating up California.
[01:05:38.640 --> 01:05:46.000] Well, I'm trying to do the best I can with what I got to work with.
[01:05:46.000 --> 01:05:54.480] I had a investigator from the district attorney's office that I submitted a criminal complaint
[01:05:54.480 --> 01:06:01.920] on the district attorney and two assistant district attorneys telling me she's been beating
[01:06:01.920 --> 01:06:06.440] around the bush answering or letting me know what's going on.
[01:06:06.440 --> 01:06:10.880] Finally, she got back to me and she says, well, maybe you should take it to a higher
[01:06:10.880 --> 01:06:16.080] authority like the attorney general or the state.
[01:06:16.080 --> 01:06:32.360] And I sent her back a, where I found where you can send the complaint into any case officer.
[01:06:32.360 --> 01:06:40.040] And so she said, well, these are attorneys, not a police officer.
[01:06:40.040 --> 01:06:44.960] And I said, well, you're a police officer, aren't you?
[01:06:44.960 --> 01:06:49.240] So I want to know where to send in a complaint in about you.
[01:06:49.240 --> 01:06:57.880] She hasn't answered that email yet, but anyway, okay, well, just that's something I have in
[01:06:57.880 --> 01:07:05.600] mind to do, I've sent in about 10 judicial complaints on this judge because he didn't
[01:07:05.600 --> 01:07:12.440] rule on any of the interrogatories that I put into the court.
[01:07:12.440 --> 01:07:15.160] He ruled on none of them.
[01:07:15.160 --> 01:07:21.680] So I didn't send in a judicial complaint about each one that he did not rule on, is that
[01:07:21.680 --> 01:07:22.680] right?
[01:07:22.680 --> 01:07:23.680] Absolutely.
[01:07:23.680 --> 01:07:24.680] Yeah.
[01:07:24.680 --> 01:07:33.560] And you should, well, I've been sending in one a week, so because they know, but no,
[01:07:33.560 --> 01:07:38.440] did you, did you try to file criminal charges on the judge?
[01:07:38.440 --> 01:07:47.680] Oh, I on one in the same case, they had a commissioner and I filed a criminal complaint
[01:07:47.680 --> 01:07:51.800] with the grand jury, but I don't think it got to the grand jury because I haven't got
[01:07:51.800 --> 01:08:00.800] my letter back yet saying that it has, but I did, did you insure it?
[01:08:00.800 --> 01:08:01.800] Yes.
[01:08:01.800 --> 01:08:03.800] Oh, good.
[01:08:03.800 --> 01:08:09.360] Have you sick the postal inspectors on them?
[01:08:09.360 --> 01:08:10.360] Not yet.
[01:08:10.360 --> 01:08:21.080] It's only been about 10 days now, so I'm waiting to see what I hope this does is get
[01:08:21.080 --> 01:08:29.760] absolute confirmation from the postal inspectors that either the foreman got the document or
[01:08:29.760 --> 01:08:36.600] someone else got the document in place of the foreman, and what they're likely to come
[01:08:36.600 --> 01:08:44.240] back and say, well, when you send something to the foreman of the grand jury, the prosecuting
[01:08:44.240 --> 01:08:52.320] attorney can accept that, and you're going to say, yeah, good luck with that.
[01:08:52.320 --> 01:09:03.680] I sent it, the certified restricted, paid extra for restricted, not so specifically
[01:09:03.680 --> 01:09:10.240] so that the prosecuting attorney would not intercept it.
[01:09:10.240 --> 01:09:15.240] And this way you get absolute confirmation that the district attorney intercepted the
[01:09:15.240 --> 01:09:22.520] document and then lied to the federal agents, the postal inspectors, about his authority
[01:09:22.520 --> 01:09:26.240] to intercept.
[01:09:26.240 --> 01:09:33.240] Now on these criminal complaints, should I, I should just make one accusation per complaint,
[01:09:33.240 --> 01:09:34.240] right?
[01:09:34.240 --> 01:09:35.240] Absolutely.
[01:09:35.240 --> 01:09:36.240] Okay.
[01:09:36.240 --> 01:09:38.240] That's what I'm doing.
[01:09:38.240 --> 01:09:43.680] Yeah, I'm running out of ink, but I'm doing it.
[01:09:43.680 --> 01:09:50.920] I made, I put all the complaints into one when I filed against the governor, because
[01:09:50.920 --> 01:09:54.000] I was already in 150 pages.
[01:09:54.000 --> 01:10:02.560] If I'd have put separate complaints for each offense, it would have been about 300 pages.
[01:10:02.560 --> 01:10:06.720] And there's no way I'd get the graduate to read the whole thing.
[01:10:06.720 --> 01:10:14.600] So I had to crunch it down, but generally you want a separate complaint for, a separate
[01:10:14.600 --> 01:10:22.640] document for each complaint, that way each specific complaint has to be addressed directly.
[01:10:22.640 --> 01:10:30.400] If you put two complaints in one filing, they'll rule on one and ignore the other.
[01:10:30.400 --> 01:10:38.000] Now with these commissioners and this judge that I'm talking about, he's done a temporary
[01:10:38.000 --> 01:10:45.160] judge program, so you don't send the complaint directly to the judicial counsel, you send
[01:10:45.160 --> 01:10:53.920] it to the presiding judge and then they send you back a letter stating their findings.
[01:10:53.920 --> 01:11:01.800] But the assistant, the presiding judge, sent me back a letter on one of them and I barred
[01:11:01.800 --> 01:11:08.080] grieve her for her statement and letter.
[01:11:08.080 --> 01:11:14.240] And I'm waiting, now I've sent about 10 of these complaints to the presiding judge and
[01:11:14.240 --> 01:11:16.760] I'm waiting for each one of those to return.
[01:11:16.760 --> 01:11:17.760] Okay.
[01:11:17.760 --> 01:11:18.760] Wait a minute.
[01:11:18.760 --> 01:11:21.320] How is this structured?
[01:11:21.320 --> 01:11:29.840] Who's telling you to send these to a presiding judge instead of the judicial counsel?
[01:11:29.840 --> 01:11:36.280] Okay, the State Bar Association, are they telling you to do this?
[01:11:36.280 --> 01:11:43.480] No, the judicial counsel, it's called the Commission on Judicial Performance.
[01:11:43.480 --> 01:11:45.480] Oh, okay.
[01:11:45.480 --> 01:11:49.960] So they're telling you not to send it to them, but to send it to this judge instead?
[01:11:49.960 --> 01:11:55.480] Send it to them once you get the, first send it to the presiding judge, then he takes a
[01:11:55.480 --> 01:12:02.480] look at it and he sends you his ruling and then you can send it to them from there.
[01:12:02.480 --> 01:12:10.040] Well, another thing, what prevents you from sending it to both of them?
[01:12:10.040 --> 01:12:11.440] Nothing, that's what I do.
[01:12:11.440 --> 01:12:12.440] Good, good.
[01:12:12.440 --> 01:12:19.600] Because what I suspect is, is the judicial counsel is the one that will have to report
[01:12:19.600 --> 01:12:24.360] each one of these to their insurance carrier.
[01:12:24.360 --> 01:12:29.840] So if they send you to this judge and he can circumvent this, then they don't have to count
[01:12:29.840 --> 01:12:30.840] it.
[01:12:30.840 --> 01:12:31.840] Oh, I see.
[01:12:31.840 --> 01:12:38.120] I bet that's what they're doing, they want to keep their bond rating down.
[01:12:38.120 --> 01:12:46.520] Well, I've got an envelope that I've put in, I'm ready to mail to Lloyds of London and
[01:12:46.520 --> 01:12:51.520] ask him if, because no one wants to tell you who their bonding company is.
[01:12:51.520 --> 01:12:57.520] So I was thinking about sending some of the components to Lloyds of London and let them
[01:12:57.520 --> 01:12:58.520] figure it out.
[01:12:58.520 --> 01:13:04.520] If there's a gun, Comptroller can help you.
[01:13:04.520 --> 01:13:10.200] If the money's never secret, who pays the bill?
[01:13:10.200 --> 01:13:20.240] What insurance companies or bonding agency is the bar association paying?
[01:13:20.240 --> 01:13:23.360] Comptroller's got that information, not the bar.
[01:13:23.360 --> 01:13:24.360] Okay.
[01:13:24.360 --> 01:13:30.600] So, dig around on the backside.
[01:13:30.600 --> 01:13:42.360] And in court, this judge, they lowered the charge from a misdemeanor to an infraction.
[01:13:42.360 --> 01:13:52.760] And he handed me a letter, which is a policy from the presiding judge that he took it upon
[01:13:52.760 --> 01:14:02.040] himself to lower the charges in some cases from a misdemeanor to an infraction.
[01:14:02.040 --> 01:14:09.920] Well, my argument in court was by what authority did they do that?
[01:14:09.920 --> 01:14:16.280] And that judge didn't want to hear me, he just said, you're guilty, we're through here.
[01:14:16.280 --> 01:14:20.840] And the bailiff escorted me out of the room.
[01:14:20.840 --> 01:14:26.120] So that's where I said I couldn't take off my, get my zipper going on my chicken suit.
[01:14:26.120 --> 01:14:29.000] You couldn't get it off.
[01:14:29.000 --> 01:14:34.160] So did you file criminal charges against the judge for oppression or official misconduct?
[01:14:34.160 --> 01:14:41.880] Well, this is the judge I'm talking about right here that I sent in about 10, I haven't,
[01:14:41.880 --> 01:14:46.480] that judge, I'm still working on the criminal complaints, I'm just getting the judicial
[01:14:46.480 --> 01:14:53.440] complaints mailed off, and I'm working on the criminal complaints.
[01:14:53.440 --> 01:15:03.200] Okay, let's talk about the governor of California and his executive orders.
[01:15:03.200 --> 01:15:05.800] Have you looked at those?
[01:15:05.800 --> 01:15:13.840] I haven't looked at those, I've been looking at your complaint, and I haven't looked at
[01:15:13.840 --> 01:15:23.880] theirs, I'm kind of up to my, I'm interested in that, I'm interested in everything you're
[01:15:23.880 --> 01:15:33.480] doing, Randy, I like the real estate thing you're getting ready to do, I like the mask
[01:15:33.480 --> 01:15:38.960] thing, it's an easy way to have fun.
[01:15:38.960 --> 01:15:49.120] The mask that I tell you what I did to the, my local courthouse here in Wise County, and
[01:15:49.120 --> 01:15:59.280] that was so much fun, the, one of the officers I filed criminal complaints against, wants
[01:15:59.280 --> 01:16:03.640] to talk to me off the record.
[01:16:03.640 --> 01:16:07.240] Oh, interesting.
[01:16:07.240 --> 01:16:10.080] Is that something you would do?
[01:16:10.080 --> 01:16:11.080] Oh yeah.
[01:16:11.080 --> 01:16:12.080] Okay.
[01:16:12.080 --> 01:16:17.920] No, I'm not going after these guys, I made it clear, I said, look guys, I charged you
[01:16:17.920 --> 01:16:24.200] with first degree felony aggravated assault, that was the most outrageous thing I could
[01:16:24.200 --> 01:16:30.760] think of, and that's to make sure nothing bad happens to you, not after you, I'm after
[01:16:30.760 --> 01:16:35.840] the higher ups, but I got to get through you to get to them, and they got that, but all
[01:16:35.840 --> 01:16:42.760] these people have known me for 30 years, and they know I'd never do anything vindictive.
[01:16:42.760 --> 01:16:50.000] Hang on, go into our sponsors, Randy Kelton, Lula Radio, I'm not going to give out the
[01:16:50.000 --> 01:16:56.040] calling numbers, we've got two more callers and three more segments, so we should be good,
[01:16:56.040 --> 01:17:00.280] we'll be right back.
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[01:19:21.760 --> 01:19:39.760] Okay, we are back, Randy Carlson on this, the 23rd day of October 2020 and we're talking
[01:19:39.760 --> 01:19:48.400] to Robert in California, okay Robert, I can think of other things but I'm sure the other
[01:19:48.400 --> 01:19:56.560] colors have things to say too, okay, I just wanted to get your feedback on being violated
[01:19:56.560 --> 01:20:06.760] by the COVID rule, okay, well keep it up Robert and keep us up to date, now we're going to
[01:20:06.760 --> 01:20:13.120] go to Shane in New York, hello Shane, what do you have for us today?
[01:20:13.120 --> 01:20:18.840] Hi Randy, how are you doing?
[01:20:18.840 --> 01:20:27.040] Doing good, back up from the mic a little bit, okay, how's that?
[01:20:27.040 --> 01:20:40.680] That's better, okay, talk, you're on, okay, sorry about that, so I was just going to mention
[01:20:40.680 --> 01:20:46.440] one thing and I'll let you get to your last caller is I filed a less, a less pendants
[01:20:46.440 --> 01:20:55.280] yesterday regarding the new law 1302A CPLR in New York stating that once jurisdiction
[01:20:55.280 --> 01:21:01.160] is challenged, they must produce the original documents so I filed a less pendants, paid
[01:21:01.160 --> 01:21:08.440] a $60 in the county court here in New York and I attached the law that Cuomo signed back
[01:21:08.440 --> 01:21:13.880] in January of 2020.
[01:21:13.880 --> 01:21:14.880] What does that law say?
[01:21:14.880 --> 01:21:22.040] That's relatively new law, so good, yeah, the law, I did email it to you, I'm not sure
[01:21:22.040 --> 01:21:29.800] if you had an opportunity to review it but it was, it's 13, let me see, I could pull
[01:21:29.800 --> 01:21:37.560] up right now, it's 1302, this is good for anybody in New York and that law states that
[01:21:37.560 --> 01:21:38.560] it's...
[01:21:38.560 --> 01:21:42.440] Wait, 1302, what code?
[01:21:42.440 --> 01:21:53.160] CPLR, hang on, I'll pull it up right now Randy, it's New York, okay, I'm sorry, New York RPA
[01:21:53.160 --> 01:22:19.560] CPL1302A, that's New York, New York RPA CPL section 1302A, okay, what does it say?
[01:22:19.560 --> 01:22:25.880] In that bill, it says that in summary, it says, provides a defense and a mortgage foreclosure
[01:22:25.880 --> 01:22:30.880] action of the plan of lacking standing is not waived because the defendant's failure
[01:22:30.880 --> 01:22:35.760] to raise such defense and his or her response in the pleadings.
[01:22:35.760 --> 01:22:43.680] The old law is they had approximately 30 days to answer that, so if you were to serve today,
[01:22:43.680 --> 01:22:47.600] you only had 30 days to bring that up.
[01:22:47.600 --> 01:22:52.560] Now you can bring it up even after the sale of the profits and that bill number, by the
[01:22:52.560 --> 01:22:59.560] way, is S5160, it was signed by four different legislators in New York, I don't have their
[01:22:59.560 --> 01:23:06.440] names in front of me, but it goes on and it says here, Section 1 amends the real property
[01:23:06.440 --> 01:23:13.240] action proceedings law by adding a new section called 1302A, which will provide any defense
[01:23:13.240 --> 01:23:18.360] based upon plan of lack of standing and a foreclosure proceeding related to a home loan
[01:23:18.360 --> 01:23:24.520] cannot be waived by defendant's failure to raise such a defense in a response, pleading
[01:23:24.520 --> 01:23:26.320] or pre-answer motion.
[01:23:26.320 --> 01:23:31.720] A defendant would not be able to raise that defense after the foreclosure sale unless the
[01:23:31.720 --> 01:23:35.600] judgment of foreclosure sale was issued upon defendant's default.
[01:23:35.600 --> 01:23:38.440] I hope you understand that last sentence.
[01:23:38.440 --> 01:23:40.600] Read that again.
[01:23:40.600 --> 01:23:49.120] A defendant would not be able to raise the defense after a foreclosure sale unless, unless
[01:23:49.120 --> 01:23:58.080] the judgment of foreclosure and sale was issued upon the defendant's default.
[01:23:58.080 --> 01:24:07.400] So if the defendant resisted the foreclosure, then they don't lose this claim.
[01:24:07.400 --> 01:24:08.400] Right.
[01:24:08.400 --> 01:24:09.400] Okay.
[01:24:09.400 --> 01:24:10.520] All right.
[01:24:10.520 --> 01:24:11.520] That's pretty clear.
[01:24:11.520 --> 01:24:14.720] So that, that isn't it.
[01:24:14.720 --> 01:24:21.920] That opens the door for a lot in, in New York because I've been talking to people about
[01:24:21.920 --> 01:24:29.720] foreclosure defenses and they, a lot of people have been claiming that the security to securitization
[01:24:29.720 --> 01:24:32.480] issue was dead.
[01:24:32.480 --> 01:24:44.000] This seems to revive it because securitization goes to standing, but, and what, what they're
[01:24:44.000 --> 01:24:52.480] saying is, is once you've securitized the mortgage, you've so clouded the issue of standing
[01:24:52.480 --> 01:24:58.760] that the individual, and I just read an article by Neil Garfield on this and sending back
[01:24:58.760 --> 01:25:05.040] a re, a rebuttal on it, or not a rebuttal, but ask for clarification to make sure I understood
[01:25:05.040 --> 01:25:07.280] it right because it's pretty complex.
[01:25:07.280 --> 01:25:15.600] But he was saying that in the securitization process, that even if you have an uninterrupted
[01:25:15.600 --> 01:25:24.280] chain of holder status, that that, just because someone is named as a holder does not mean
[01:25:24.280 --> 01:25:30.320] that they have standing to enforce the note, if they have been assigned the mortgage or
[01:25:30.320 --> 01:25:40.560] assigned the note, but there's no evidence that they have any investment in the note,
[01:25:40.560 --> 01:25:47.120] then they, they have no standing to invoke the jurisdiction of the court because they
[01:25:47.120 --> 01:25:49.520] cannot show harm.
[01:25:49.520 --> 01:25:51.520] Right.
[01:25:51.520 --> 01:25:52.520] Yeah.
[01:25:52.520 --> 01:25:58.080] They have nothing invested, so they, they can't show any harm, and so it's not enough
[01:25:58.080 --> 01:26:00.320] for them to have a complete chain of title.
[01:26:00.320 --> 01:26:06.600] Now they, what he's saying is, they have to show that they actually paid the previous
[01:26:06.600 --> 01:26:12.080] holder so that they have something invested in the transaction.
[01:26:12.080 --> 01:26:16.760] Contract's not a contract till something of value changes hands.
[01:26:16.760 --> 01:26:22.760] Correct, and when I put it at the end of the notice of less pendants, hopefully I'm saying
[01:26:22.760 --> 01:26:23.760] that right, Randy.
[01:26:23.760 --> 01:26:29.800] I say a word a little bit off sometimes, at the end I put down, notice is further given
[01:26:29.800 --> 01:26:34.400] that should the referee, Jennifer, I don't want to say her last name, but proceedings
[01:26:34.400 --> 01:26:39.800] with the attempt of a sale of this property as scheduled for future pending date.
[01:26:39.800 --> 01:26:45.240] And if the sale is not canceled, she does at her own jeopardy in violation of defendant's
[01:26:45.240 --> 01:26:55.840] rights under New York state law, New York RPAL1302A, that the defendants do intend and
[01:26:55.840 --> 01:27:01.320] will indeed file a lawsuit against all parties involved in any way with this illegal sale
[01:27:01.320 --> 01:27:05.320] or attempt to transfer ownership of the interest to any other party.
[01:27:05.320 --> 01:27:09.640] And then I finish up by stating that it's further noticed that any party attempts in
[01:27:09.640 --> 01:27:15.320] the purchase of property ventures to do so at their own risk and full knowledge and awareness
[01:27:15.320 --> 01:27:20.600] that the above mentioned motion to dismiss this foreclosure action in this case is pending
[01:27:20.600 --> 01:27:21.600] in the court.
[01:27:21.600 --> 01:27:26.040] And it lawsuit against the plaintiff for damages pending the New York state Supreme Court.
[01:27:26.040 --> 01:27:31.960] The clerk has directed the index this too, and of course I put my name in my mom's name
[01:27:31.960 --> 01:27:32.960] down there.
[01:27:32.960 --> 01:27:33.960] Okay.
[01:27:33.960 --> 01:27:38.760] Did you hear when Michael Pines was on the show?
[01:27:38.760 --> 01:27:39.760] Yes.
[01:27:39.760 --> 01:27:49.000] And he spoke to the vulnerability of the trustee since the trustee has a direct fiduciary duty
[01:27:49.000 --> 01:27:51.880] to you.
[01:27:51.880 --> 01:27:56.320] It makes the trustee even more vulnerable than the lawyers on the other side.
[01:27:56.320 --> 01:28:02.880] Is the trustee, she's the referee, is the referee considered a trustee in the sale?
[01:28:02.880 --> 01:28:04.440] I would think so.
[01:28:04.440 --> 01:28:05.440] Okay.
[01:28:05.440 --> 01:28:07.400] Just another name for it.
[01:28:07.400 --> 01:28:15.120] I can't be sure in bankruptcy, but I would almost be certain that would have to be the
[01:28:15.120 --> 01:28:16.120] trustee.
[01:28:16.120 --> 01:28:18.240] Oh, this is not bankruptcy, Randy.
[01:28:18.240 --> 01:28:20.720] We're back at the county level right here.
[01:28:20.720 --> 01:28:21.720] Oh, okay.
[01:28:21.720 --> 01:28:23.880] Then no, no, she wouldn't be a trustee.
[01:28:23.880 --> 01:28:26.120] Oh, wait a minute.
[01:28:26.120 --> 01:28:27.920] Only the trustee can do the sale.
[01:28:27.920 --> 01:28:31.720] No, this is a mortgage state, so there isn't a trustee.
[01:28:31.720 --> 01:28:32.720] Right.
[01:28:32.720 --> 01:28:37.720] This is just the, this was filed in county court two days ago.
[01:28:37.720 --> 01:28:38.720] Okay.
[01:28:38.720 --> 01:28:40.280] Let me explain to everybody.
[01:28:40.280 --> 01:28:43.720] A mortgage state deed of trust state.
[01:28:43.720 --> 01:28:50.520] In a deed of trust, you have granted a confessed judgment against the property.
[01:28:50.520 --> 01:28:54.040] So they can appoint a trustee and the trustee can sell the property.
[01:28:54.040 --> 01:29:00.680] In a mortgage state, you have to go to court and sue and get the judge to issue you an
[01:29:00.680 --> 01:29:08.080] order, that judgment, and then with the judgment, you don't need a trustee because you have
[01:29:08.080 --> 01:29:09.080] the court's judgment.
[01:29:09.080 --> 01:29:10.080] Okay.
[01:29:10.080 --> 01:29:11.080] Go ahead.
[01:29:11.080 --> 01:29:12.080] So what did you think?
[01:29:12.080 --> 01:29:13.080] I just, I did it on my own.
[01:29:13.080 --> 01:29:14.080] I think it sounds great.
[01:29:14.080 --> 01:29:22.160] And I paid the $60 and the clerks were like, wow, what kind of crazy document do you have
[01:29:22.160 --> 01:29:23.160] now?
[01:29:23.160 --> 01:29:29.200] And so that's what I filed and it's, it's, there it is right here, $13 too, but anybody
[01:29:29.200 --> 01:29:31.320] in New York, go look it up.
[01:29:31.320 --> 01:29:33.960] Oh, this is wonderful.
[01:29:33.960 --> 01:29:37.920] They're not going to know what to do with it because it's new law.
[01:29:37.920 --> 01:29:44.680] That always, lawyers hate new law because they get tripped up on case laws, something
[01:29:44.680 --> 01:29:47.360] they don't fully know and they hate that.
[01:29:47.360 --> 01:29:48.360] Hang on.
[01:29:48.360 --> 01:30:01.680] I'm going to go to our sponsors, Randy Kelton, rule of law radio, and we'll be right back.
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[01:31:14.600 --> 01:31:20.360] I'd want to pose smart meters for privacy and health reasons, but catastrophic failures
[01:31:20.360 --> 01:31:21.360] caused by hackers?
[01:31:21.360 --> 01:31:23.520] There's nothing smart about that.
[01:31:23.520 --> 01:31:31.520] I'm Dr. Kauffernal Brecht for startpage.com, the world's most private search engine.
[01:31:31.520 --> 01:31:36.880] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.880 --> 01:31:39.080] The government says that fire brought it down.
[01:31:39.080 --> 01:31:43.960] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.960 --> 01:31:47.960] Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:31:47.960 --> 01:31:49.400] force respond to this.
[01:31:49.400 --> 01:31:53.240] I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction officer,
[01:31:53.240 --> 01:31:57.960] I'm an Air Force pilot, I'm a father who lost his son, we are Americans and we deserve
[01:31:57.960 --> 01:31:58.960] the truth.
[01:31:58.960 --> 01:32:01.960] Go to RememberBuilding7.org today.
[01:32:01.960 --> 01:32:05.960] Rule of Law Radio is proud to offer the rule of law of traffic similar.
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[01:33:10.920 --> 01:33:40.760] Okay, we are back. Randy Kelkin, Rule of Law Radio, and I'm going to talk to you about
[01:33:40.760 --> 01:33:41.760] it.
[01:33:41.760 --> 01:33:47.920] So, on this Friday, the 23rd day of October, 2020, and we're talking to Shane in New York
[01:33:47.920 --> 01:33:52.080] Shane, is that about it for you?
[01:33:52.080 --> 01:33:56.720] Yeah, I just, I failed to tell you that I did, before I followed the notice of last
[01:33:56.720 --> 01:34:03.760] attendance, I followed a notice of appearance into the case in my mom's case at the county
[01:34:03.760 --> 01:34:09.920] level, because just in case, by the way, they've extended suspension of all foreclosures
[01:34:09.920 --> 01:34:14.520] in New York, all the way now until January the 1st.
[01:34:14.520 --> 01:34:21.600] I expected that. Now I'm hearing rumblings about extensions on into the next year. We're
[01:34:21.600 --> 01:34:28.080] going to wind up with people with the income properties that are just walking away from
[01:34:28.080 --> 01:34:35.640] them, because they can't pay for them, they can't evict, they can't do anything, so this
[01:34:35.640 --> 01:34:39.040] is going to really get ugly.
[01:34:39.040 --> 01:34:44.560] I know, but I just want to let you know that I'm still working hard, and I followed the
[01:34:44.560 --> 01:34:48.120] motion of dismiss for lack of jurisdiction of the original notes. I followed a notice
[01:34:48.120 --> 01:34:54.880] of appearance on behalf of myself in the case, and I attached a quick claim to the notice
[01:34:54.880 --> 01:35:00.800] of last attendance, and I'll just stop right there, because right now, everything's premature.
[01:35:00.800 --> 01:35:04.840] I was going to follow a lot of free time, it looks like, so I'm not going to bother
[01:35:04.840 --> 01:35:08.400] filing into these things rolling because it looks like it could go on a little bit further
[01:35:08.400 --> 01:35:10.400] than January already.
[01:35:10.400 --> 01:35:17.760] Okay, well wonderful, stay after them. I want to go to Olivier, he's got an interesting
[01:35:17.760 --> 01:35:28.000] case on traffic. Okay, thank you Shane. Now we're going to Olivier, and I've got Tennessee
[01:35:28.000 --> 01:35:36.360] on my database, but he's in Florida now. Olivier, tell us what you're doing down there.
[01:35:36.360 --> 01:35:44.520] Well, going down there, right now, I'm submitting a board for business claim in the federal
[01:35:44.520 --> 01:35:54.520] court, and through that process, I've got some information that they are reading through,
[01:35:54.520 --> 01:36:04.400] which, I mean, Wyoming, I forgot, I sent you the email, but some people in the legislature
[01:36:04.400 --> 01:36:12.680] forgot the names and everything were submitted a bill, and it got shot down, but basically,
[01:36:12.680 --> 01:36:25.680] it was introducing a bill that would technically make their traffic law lawful. It addressed
[01:36:25.680 --> 01:36:36.120] the discrepancy, if you have access to your email, I think my brother, I sent it to my
[01:36:36.120 --> 01:36:37.120] brother's account, Jerry Oliver.
[01:36:37.120 --> 01:36:41.920] Okay, this was, was it Delaware, or one of the East Coast states that did this a few
[01:36:41.920 --> 01:36:42.920] years ago?
[01:36:42.920 --> 01:36:48.160] I've got one state that I don't have there apparently.
[01:36:48.160 --> 01:36:53.600] Anyways, one of the East Coast states, and what they said was, is that if you're not
[01:36:53.600 --> 01:37:05.240] a commercial driver, that it would, the transportation department would send you a special, not a
[01:37:05.240 --> 01:37:12.840] license, but a certificate to show that you were not a commercial operator. So it addressed
[01:37:12.840 --> 01:37:16.480] this issue of commercial, non-commercial.
[01:37:16.480 --> 01:37:31.040] And it also created a, meaning for that statute would be understood by the common man and have
[01:37:31.040 --> 01:37:44.040] it be, and have the officers with instructions to know how to carry out the statute. So they,
[01:37:44.040 --> 01:37:49.640] they supplied all the corrections that would basically be needed for someone to understand
[01:37:49.640 --> 01:37:57.360] and the officers to understand when they read that statute, like the law states. So I was
[01:37:57.360 --> 01:37:59.760] reading about, okay, that's cool, that's nice.
[01:37:59.760 --> 01:38:06.400] Okay, wait a minute. Olivia has been taking on the issue of the cost of the way the statutes
[01:38:06.400 --> 01:38:16.920] are written, that reasonable person of ordinary prudence can read them, and different people
[01:38:16.920 --> 01:38:22.320] can come to different conclusions concerning the meaning of the statute. Therefore, the
[01:38:22.320 --> 01:38:33.080] statute is unconstitutional and should be ruled void for vagueness. Is that essentially correct?
[01:38:33.080 --> 01:38:42.520] Yes. Okay. And that statute also allows arbitrary enforcement and incarceration.
[01:38:42.520 --> 01:38:49.200] Wait a minute. You said that statute allows arbitrary enforcement?
[01:38:49.200 --> 01:38:54.320] Yes, because once it becomes, once the statute is in it.
[01:38:54.320 --> 01:38:58.400] Okay, wait a minute. You said that statute. Which statute are you talking about? The one
[01:38:58.400 --> 01:39:00.640] proposed on the East Coast?
[01:39:00.640 --> 01:39:07.720] No, no, no, no. The one that we are under now, if you have a statute which two people
[01:39:07.720 --> 01:39:15.680] can come to a different understanding, that statute has the ability to cause arbitrary
[01:39:15.680 --> 01:39:21.280] enforcement and incarceration, because it may be covered in a right that you have is
[01:39:21.280 --> 01:39:30.840] not clear enough, so now the judges and police officers are arresting you at their will, not
[01:39:30.840 --> 01:39:36.720] what the law states, because there's still a debate about what the statute clearly means.
[01:39:36.720 --> 01:39:45.360] If there's a debate, then there's a possibility that you've got it incorrect and you are violating
[01:39:45.360 --> 01:39:52.360] the law by arresting people for something that they're not doing.
[01:39:52.360 --> 01:40:03.880] Okay, now you're a bit too general. Let's go to a specific like Florida where you're
[01:40:03.880 --> 01:40:06.880] at.
[01:40:06.880 --> 01:40:15.640] What does Florida code say concerning who falls under transportation code?
[01:40:15.640 --> 01:40:22.120] Everyone who's on the road. I don't have it in front of me, but I'll have the paperwork
[01:40:22.120 --> 01:40:27.160] in front of me right now, but didn't, they take it as anyone who's on the road.
[01:40:27.160 --> 01:40:32.800] You're building a challenge to code based on void for vagueness. Are you building one
[01:40:32.800 --> 01:40:35.760] for Florida or Tennessee right now?
[01:40:35.760 --> 01:40:37.760] Florida.
[01:40:37.760 --> 01:40:43.800] Okay, how are you addressing, what statute are you addressing and how are you getting
[01:40:43.800 --> 01:40:45.920] to void for vagueness?
[01:40:45.920 --> 01:40:52.160] I'm getting to the statute that allows them to suspend your driver's license for fines
[01:40:52.160 --> 01:41:01.680] and fees and the driver's license which requires, I mean the statute which requires a driver's
[01:41:01.680 --> 01:41:08.680] license, a valid driver's license. I'm challenging suspended driver's license because it does
[01:41:08.680 --> 01:41:17.280] not tell the officers who is required to have a driver's license. It does not tell the officers
[01:41:17.280 --> 01:41:28.560] which conduct, which constitutional conduct is protected, which would resemble someone
[01:41:28.560 --> 01:41:38.080] with a driver's license. So that statute is void for vagueness because it does not clearly
[01:41:38.080 --> 01:41:47.560] state the parameters that the officers are allowed to regulate and arrest.
[01:41:47.560 --> 01:41:52.640] Do you have that statute? It's kind of, I'm having trouble wrapping my head around what
[01:41:52.640 --> 01:41:59.880] you're saying. I generally understand it but I need the statute in order to compare what
[01:41:59.880 --> 01:42:09.240] you're saying to what I see in the verbiage of the statute.
[01:42:09.240 --> 01:42:12.560] My statute or is it a driver's license?
[01:42:12.560 --> 01:42:15.880] The statute we're challenging as void for vagueness.
[01:42:15.880 --> 01:42:22.520] Is the driver's license a statute? If it's been a driver's license, that doesn't help.
[01:42:22.520 --> 01:42:25.800] Do you have that in front of you so you can read it to us?
[01:42:25.800 --> 01:42:31.200] No, I don't have it in front of me because I was going to ask for it.
[01:42:31.200 --> 01:42:37.480] Okay, then am I not going to the place you wanted to go to?
[01:42:37.480 --> 01:42:45.840] Well, yeah. You was trying to describe what happened. Right now I'm looking at the information
[01:42:45.840 --> 01:42:57.160] that this state has cut out. At the first paragraph of what I sent you, I think it was like their
[01:42:57.160 --> 01:43:03.200] purpose or the purpose of the paragraph and it was stating that...
[01:43:03.200 --> 01:43:08.760] Okay, hold on. We're on the radio so people listening don't know what you sent me so you
[01:43:08.760 --> 01:43:15.760] have to dress up a little bit more specifically so they'll understand what we're talking about.
[01:43:15.760 --> 01:43:21.200] There are times about up this segment so hang on, we'll pick this up on the other side.
[01:43:21.200 --> 01:43:25.360] This is Randy Kelton, the Roodle Law Radio. I'm not going to give out the call-in number
[01:43:25.360 --> 01:43:35.560] as we're going to our last segment and Olivier has got a really good case because Olivier
[01:43:35.560 --> 01:43:42.320] was in Florida and you probably won't believe this but he had the audacity to drive in this
[01:43:42.320 --> 01:43:51.160] Florida county while he was black. He really did that, didn't you Olivier? We'll be right
[01:43:51.160 --> 01:44:00.640] back.
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[01:46:28.040 --> 01:46:34.280] OK, we are back. Randy Kelton, rule of law radio, and we're talking to Olivier in Florida.
[01:46:34.280 --> 01:46:44.560] The reason I said that going out is Olivier sent me a video of a traffic stop where him
[01:46:44.560 --> 01:46:54.120] and his brother are trying to get the officers to explain why they stopped him. It was clear
[01:46:54.120 --> 01:47:02.280] they were at a business dropping off a car and the policemen saw them in this neighborhood
[01:47:02.280 --> 01:47:07.960] and they were black and I wonder what they're doing in this neighborhood. They followed
[01:47:07.960 --> 01:47:15.480] and finally pulled him over. This was as clear a case of worship profiling as I've ever seen.
[01:47:15.480 --> 01:47:24.160] It was a great video because Olivier is asking the policemen what law they broke and what
[01:47:24.160 --> 01:47:29.560] law she's talking about and she's stuttering and stammering and Olivier is chuckling and
[01:47:29.560 --> 01:47:36.960] laughing at her at the same time. It was great. Then you got stopped a second time, didn't
[01:47:36.960 --> 01:47:56.520] you Olivier? Same county. You have a suspended license in Florida and it was suspended for
[01:47:56.520 --> 01:48:07.160] lack of payment of a fine. They stopped you. They didn't know that until they stopped you.
[01:48:07.160 --> 01:48:13.880] Because you have two in quick succession, you have a great case for racial profiling.
[01:48:13.880 --> 01:48:23.280] Now they arrested you because of this suspended license. Now you're taking on the fact that
[01:48:23.280 --> 01:48:29.560] the law that, am I correct that you're taking on the law that allowed them to suspend the
[01:48:29.560 --> 01:48:41.160] license for lack of payment of a fee or a fine? Yes. That and the requirements to have
[01:48:41.160 --> 01:48:51.000] a license. Oh, both of those. Okay. Yes. So do you have the statute that requires you
[01:48:51.000 --> 01:49:04.160] to have a license? No, I don't have it. But this... Can you paraphrase it? It basically
[01:49:04.160 --> 01:49:17.640] says that a driver needs a driver's license, a certain class has certain classes and it
[01:49:17.640 --> 01:49:25.760] didn't enlist the punishment for driving on suspended licenses. Okay. What I was getting
[01:49:25.760 --> 01:49:35.520] at in most states, it says that if you operate a vehicle on the public highways, you have
[01:49:35.520 --> 01:49:43.480] to have a license. But what most people miss about that is that's not a statute that's
[01:49:43.480 --> 01:49:52.120] part of the general statute, the general laws. It's not what it says that makes it commercial.
[01:49:52.120 --> 01:49:59.760] It's where it's at that makes it commercial. If it were in the general laws, then no matter
[01:49:59.760 --> 01:50:05.680] what, if you operated a vehicle on the public highways, you would have to have a license.
[01:50:05.680 --> 01:50:14.160] But this is in the transportation code, the commercial transportation code. So that only
[01:50:14.160 --> 01:50:23.120] applies to commercial transportation. So when it says anyone who operates a motor vehicle
[01:50:23.120 --> 01:50:31.360] on the highways of the state must have a license. Since it's in the commercial code,
[01:50:31.360 --> 01:50:45.840] they must be operating in a commercial capacity. Right. So where are you making the distinction
[01:50:45.840 --> 01:50:57.760] avoid for vagueness? Avoid for vagueness because it does not specify right that may be covered
[01:50:57.760 --> 01:51:09.920] with conflict, meaning that resemble traffic. Okay. So you're saying here that I can move
[01:51:09.920 --> 01:51:19.960] about the state for my private purposes. And it looks if you looked at me moving for my
[01:51:19.960 --> 01:51:27.600] private person purposes, and you looked at me moving for commercial purposes, it would
[01:51:27.600 --> 01:51:36.720] be almost impossible to directly distinguish the difference. Yeah. And you're saying that's
[01:51:36.720 --> 01:51:46.200] what renders the statute for vagueness. Yeah, that's what renders the statute for vagueness.
[01:51:46.200 --> 01:51:54.560] So if the statute said anyone who operates a motor vehicle on the streets at highways
[01:51:54.560 --> 01:52:03.320] of the state of California for the purpose of commerce must have a license, would that
[01:52:03.320 --> 01:52:18.200] fix the ambiguity? No. What else would we need to clarify? You would need information
[01:52:18.200 --> 01:52:30.040] relating constitutional protected conduct that may resemble. You need to have instructions
[01:52:30.040 --> 01:52:38.600] to the enforcement officers on how to deal with those. Okay. So I take the statute and
[01:52:38.600 --> 01:52:51.440] I add the specific requirement for commerce. Then it no longer resembles traveling for
[01:52:51.440 --> 01:53:00.200] private purposes. The officer must establish commerce as a condition. And this is an issue
[01:53:00.200 --> 01:53:08.800] I've raised in Texas that I challenge the complaint is insufficient on its face, where
[01:53:08.800 --> 01:53:15.280] the complaint alleges that the officer observed the person operating a motor vehicle on the
[01:53:15.280 --> 01:53:21.800] streets at highways and saw him do this bad thing and that other bad thing. Objection,
[01:53:21.800 --> 01:53:30.760] the complaint is insufficient to invoke the subject matter jurisdiction of the court as
[01:53:30.760 --> 01:53:42.560] one of the essential elements of the charge is missing. And that is the element of commerce.
[01:53:42.560 --> 01:53:48.560] So while you're moving around, you know, I move around in a vehicle that has commercial
[01:53:48.560 --> 01:53:57.520] license plates on it. And I have a commercial driver's license in my pocket. I can operate
[01:53:57.520 --> 01:54:03.720] in commerce if I want to. I was pulled over in Austin once and the policeman asked me
[01:54:03.720 --> 01:54:11.760] if I had a license. I said, yes, I do. But I'm not using it right now. And the officer
[01:54:11.760 --> 01:54:21.080] got it immediately. Are you one of those guys? Yes, I am. Go on slow down. He didn't want
[01:54:21.080 --> 01:54:32.600] to have the fight he had had it before. You're correct. It would address the fault. But if
[01:54:32.600 --> 01:54:37.600] somebody wanted to challenge it before it was for vagueness, they still would win because
[01:54:37.600 --> 01:54:42.280] there's a whole bunch of things that needs to be in place that the court said it would
[01:54:42.280 --> 01:54:48.320] need to be in place to protect your constitutional rights. But what I was going with it was that
[01:54:48.320 --> 01:54:52.720] where I was reading through all this, I was reading that paperwork that they submitted
[01:54:52.720 --> 01:55:00.840] the bill that they submitted. And in the purpose title, it said that to correct all these faults
[01:55:00.840 --> 01:55:08.920] so that it would not be violating the people's constitutional protected conduct. And then
[01:55:08.920 --> 01:55:19.600] at the end, it said silent deception and judgment by fraud. So when I saw it, it looked
[01:55:19.600 --> 01:55:28.920] like a claim to me. And that paper addressed all the faults that were in the statute. And
[01:55:28.920 --> 01:55:39.640] I was wondering if we could refile a claim underneath that against the state because
[01:55:39.640 --> 01:55:53.440] they failed to properly write the statute, apply the statute, and have been committing
[01:55:53.440 --> 01:56:02.880] violent deception and inducement by fraud. I was trying to see, could that be a claim
[01:56:02.880 --> 01:56:09.240] that could be in the purpose of the report? Okay, inducement by fraud, I don't see how
[01:56:09.240 --> 01:56:20.880] we can get there because inducement would be the state doing something to get you to
[01:56:20.880 --> 01:56:28.560] take an action for which they could legitimately make a claim. That's not what's happening
[01:56:28.560 --> 01:56:35.440] here. It's not that you're doing anything for which a claim, a legitimate claim can
[01:56:35.440 --> 01:56:41.680] be made. They're making claims that are not legitimate while you are doing something
[01:56:41.680 --> 01:56:52.880] that's perfectly legal. Am I making sense on that? You went and drove of your own accord.
[01:56:52.880 --> 01:57:02.600] You weren't induced to do this. They're just interpreting what you're doing as being in
[01:57:02.600 --> 01:57:09.440] a commercial act when in fact it's not and they're prosecuting you as if it were and
[01:57:09.440 --> 01:57:15.120] established fact that this is a commercial act when no such fact is before a court.
[01:57:15.120 --> 01:57:24.240] There's the argument that you're not allowed to get on the road out of life. They've created
[01:57:24.240 --> 01:57:36.240] that notion. That would definitely be unconstitutional and we have plenty of case law to support that.
[01:57:36.240 --> 01:57:43.840] Officers thought to you that you must, I was arrested with two people who got arrested
[01:57:43.840 --> 01:57:52.000] off for being on Mopad. I was looking at them like I was arrested with somebody else for
[01:57:52.000 --> 01:57:58.000] being drunk and I don't drink. I don't smell nothing and they blew 0-0-0 but they arrested
[01:57:58.000 --> 01:58:03.840] them for being drunk. They're out of hand. That's true. They're out of hand and the
[01:58:03.840 --> 01:58:11.880] way we need to fix that is go for them both criminally and sue them. Sue them quick, sue
[01:58:11.880 --> 01:58:12.880] them often.
[01:58:12.880 --> 01:58:20.160] But I'll try to figure out if those two were clear because we can do something with that.
[01:58:20.160 --> 01:58:27.680] We're all, this whole show is working on building suits that people can file to start taking
[01:58:27.680 --> 01:58:34.560] these guys on. Thank you, Olivier. We are out of time. This is Randy Kelton, The Wheel
[01:58:34.560 --> 01:58:41.560] of Law Radio. We'll be back next week at our Thursday night show and Friday, both starting
[01:58:41.560 --> 01:58:50.560] at 8 p.m. central. Thank you all for listening and good night.
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