[00:15.600 --> 00:22.600]  June 17, 2013. Gold opened today at $1,384, silver at $21.85, and bitcoin is trading at
[00:22.600 --> 00:29.600]  $101. Support for The Liberty Beat comes from Tomorrow's Meals Today, South Austin market
[00:30.080 --> 00:37.080]  days every Saturday from 3 to 7 p.m. at 10106 Manchac Road. Information at tomorrowsmealstoday.com.
[00:37.440 --> 00:42.800]  And from Capital City Automotive, honest reliable auto repair for vehicles foreign and domestic,
[00:42.800 --> 00:49.640]  online at capitalcityautoaustin.com. And now the news. Porkfest X is this week starting
[00:49.640 --> 00:54.640]  today and going through Sunday in Lancaster, New Hampshire. Porkfest is short for the Porcupine
[00:54.640 --> 00:59.240]  Freedom Festival and is organized by the Free State Project, an effort to bring 20,000 liberty
[00:59.240 --> 01:04.200]  activists to the state of New Hampshire. The event includes speakers, music, and one of
[01:04.200 --> 01:07.980]  the largest fully functional free markets in the country. Some of the speakers include
[01:07.980 --> 01:13.460]  Jeff Berwick, Dr. Robert Murphy, Antonio Bieler, David Friedman, and others. More information
[01:13.460 --> 01:20.460]  at porkfest.com. A new controversial phone app would allow people to snap a picture of
[01:23.680 --> 01:28.520]  a parking violation and send the photo to police, private parking operators, or city
[01:28.520 --> 01:33.160]  wardens. A police officer could then be dispatched to issue a ticket. The ticket resulted in
[01:33.160 --> 01:37.720]  a fine under the plan. Informants would get a cut deposited into their bank accounts or
[01:37.720 --> 01:42.240]  they could direct the cash to their favorite charities. The Spot Squad app co-founder Chris
[01:42.240 --> 01:46.120]  Johnson says he and his partners haven't yet signed any agreements to give informants a
[01:46.120 --> 01:50.440]  percentage of any ticket fines, but he adds that some private parking lot operators are
[01:50.440 --> 01:57.440]  in fact interested. In response to the recent revelations regarding spying by the NSA, a
[02:01.520 --> 02:06.040]  28-year-old artist and developer from Brooklyn, New York has found a fun way of warning computer
[02:06.040 --> 02:10.440]  users about potential government surveillance. Justin Blinder released a plugin for the web
[02:10.440 --> 02:15.760]  browser Firefox this week. His Dark Side of the Prism browser extension alerts web surfers
[02:15.760 --> 02:20.480]  of the possible surveillance by starting up a different song from Pink Floyd's 1973 classic
[02:20.480 --> 02:27.480]  The Dark Side of the Moon each time a questionable sight is crossed. Support for the Liberty
[02:27.820 --> 02:33.200]  Beat comes from Brave New Books, free-thinking materials for free-thinking people since 2006
[02:33.200 --> 02:39.480]  in Austin and 1904 Guadalupe Street. And from Central Texas Gunworks, self-defense training
[02:39.480 --> 02:46.480]  CHL forces and firearm sales in Austin at centraltexasgunworks.com.
[02:46.800 --> 02:50.960]  Jamin Shively, a former Microsoft Corporate Strategy Manager, plans to create the first
[02:50.960 --> 02:55.000]  U.S. national marijuana brand. Shively held a press conference with former president of
[02:55.000 --> 03:02.000]  Mexico Vicente Fox announcing that he hopes to eventually import legally from Mexico.
[03:25.000 --> 03:32.000]  OK, the bad boys are back. This is Randy Kelton, Deb Stevens, ruler of our radio. Debra's not
[03:42.840 --> 03:49.840]  here tonight. It's just me and you. And this is our four-hour info marathon, June the 21st.
[03:49.840 --> 03:56.840]  Our phone lines will be open all night, so give us a call. If you have a question or
[04:00.840 --> 04:07.840]  a comment. Last night I talked about something that's beginning to concern me. And in the
[04:07.840 --> 04:14.840]  little time I have to separate from what I'm, the research I'm always doing, I've been doing
[04:14.840 --> 04:21.840]  some research generally into the state of technology. And for all of our concerns about
[04:22.840 --> 04:29.840]  current present conditions, I am gathering information on the state of technology and
[04:29.840 --> 04:36.840]  all of our concerns about current present conditions. I am gathering a much greater
[04:38.880 --> 04:45.880]  concern about what's coming at us. I try to keep relatively up to date on what's going
[04:45.880 --> 04:55.880]  on. But as I look at the research that's going on in all these different places, I can't
[04:56.880 --> 05:03.880]  help but feel that I'm falling farther and farther behind. I went to college for electrical
[05:03.880 --> 05:10.880]  engineering back in the 70s. The first computer I worked on was a card reader. I programmed
[05:10.880 --> 05:16.880]  a digital computer binary. It had eight switches on the front of it. And I had to put in every
[05:17.880 --> 05:27.880]  command one at a time with eight bits. And it operated a laser to cut masks to make integrated
[05:28.880 --> 05:35.880]  circuitry. We were trying to develop the first PC back then. I got out of that and got into
[05:35.880 --> 05:41.880]  my own business. And about the mid 80s, I began to realize I was falling behind. And
[05:42.880 --> 05:48.880]  I bought an AT computer. That's right. I use a username meager byte. And that's where
[05:49.880 --> 05:55.880]  that came from. Somebody asked me how big my hard drive was. And I told him it had 40
[05:56.880 --> 06:02.880]  meter bytes. And that kind of stuck. Whenever you need a username, that one always works.
[06:02.880 --> 06:12.880]  But I tried to sort of catch up. And I've been doing a lot of research since then.
[06:13.880 --> 06:20.880]  The problem is, the technology is running away from me far faster than I can hope to
[06:20.880 --> 06:35.880]  keep up with it. And in looking at the accumulation of knowledge, we are reaching a critical mass.
[06:36.880 --> 06:43.880]  I don't know what you think about evolution, but if you believe that evolution has ever
[06:43.880 --> 06:50.880]  occurred, then the laws of evolution as we know it absolutely no longer apply to human
[06:51.880 --> 07:04.880]  beings. A new set of laws are coming online based on new technology. It is going to change
[07:04.880 --> 07:13.880]  everything. Change everything in ways that right now we can hardly imagine. You know,
[07:14.880 --> 07:21.880]  I talked last night about the issue of anonymity, of protecting our privacy. That was an issue
[07:22.880 --> 07:29.880]  we needed to be talking about 20 years ago, when the technology was gathering itself up
[07:29.880 --> 07:36.880]  to be able to do that. Now it's too late. We needed to stop some of these things that
[07:37.880 --> 07:42.880]  were coming from going the way they did, but they went on behind the scenes for the most
[07:43.880 --> 07:50.880]  part. A few people around knew what was going on, but for the most part the general public
[07:50.880 --> 07:59.880]  had no clue. What is coming at us now is far, far greater. I'm looking at the research
[08:00.880 --> 08:11.880]  and with the realization that the research I'm getting to see is well behind the actual
[08:11.880 --> 08:23.880]  state of the technology. 20 years ago, as I understand, under the DARPA program they
[08:24.880 --> 08:32.880]  developed artificial life. They've had it for 20 years. It's essentially this thing
[08:32.880 --> 08:42.880]  of gene manipulation. You guys have no clue. They are far, far beyond what we know in gene
[08:43.880 --> 08:50.880]  manipulation. All of this stuff about GMOs, it is far, far worse than that. All of the
[08:51.880 --> 08:57.880]  horror stories you've ever seen on television, the technology is here right now for it. Cyborgs,
[08:57.880 --> 09:06.880]  genetically altered humans, they're already doing these things. They're already out there.
[09:07.880 --> 09:16.880]  Before a very long time, we could well have Robocops on the street. This is no longer
[09:16.880 --> 09:26.880]  science fiction. We have essentially the capacity for that right now. The technology they're
[09:27.880 --> 09:33.880]  showing us is rudimentary, but they're only showing us the things that are no longer classified,
[09:34.880 --> 09:41.880]  that are relative in research circles, are relatively commonplace and universally known.
[09:41.880 --> 09:49.880]  So, if we're going to keep up, if we're going to have any rights, we're going to
[09:50.880 --> 09:57.880]  have to start looking out in front of us. I was just watching a program about six cents
[09:58.880 --> 10:08.880]  and saw a remarkable graph. There was one researcher who put random number generators
[10:08.880 --> 10:14.880]  connected to a computer around the country. What researchers found about electronic or
[10:15.880 --> 10:23.880]  digital random number generators, it was a well-known anomaly that people around the
[10:24.880 --> 10:35.880]  generator had an effect on it. They skewed the randomness. So, this being a common outcome,
[10:35.880 --> 10:45.880]  he set up a group where he now has monitors all around the planet monitoring these random
[10:46.880 --> 10:56.880]  number generators. Wherever he sees a spike in aberration, where the number generation
[10:56.880 --> 11:07.880]  becomes less random, then they compare them. And with these units all around the world,
[11:08.880 --> 11:18.880]  it's been fairly consistent that variations in the randomness tend to occur in connection
[11:18.880 --> 11:31.880]  with highly emotionally charged events. But the variations were very small. At the time
[11:32.880 --> 11:43.880]  of 9-11, the graphs almost went off the scale. That was one of the few really major
[11:43.880 --> 11:49.880]  global events that's occurred in the timeframe that they've been doing this monitoring.
[11:50.880 --> 11:58.880]  But that's not the part I found interesting. The anomalies in the graphs started three
[11:59.880 --> 12:07.880]  days before 9-11. They peaked at 9-11 and then immediately began to drop off. In about
[12:07.880 --> 12:18.880]  three days, they were relatively back to normal. That is scary business. Another researcher
[12:19.880 --> 12:31.880]  in New Jersey, one in Denmark, was studying people who had damage to the cerebral cortex.
[12:31.880 --> 12:39.880]  The eye functioned perfectly, but the cerebral cortex that read the information from the
[12:40.880 --> 12:44.880]  eye didn't function, so they couldn't see out of that eye. So what they did was set
[12:45.880 --> 12:52.880]  up a screen where they could project different images to each eye. And they projected images
[12:52.880 --> 13:04.880]  to the blind eye. And the person consistently responded to the images with micro-expressions
[13:05.880 --> 13:15.880]  and with EKG readings. And through research, they found that when the cerebral cortex was
[13:15.880 --> 13:24.880]  damaged, that there were six other areas of the brain that seemed to step up. And the
[13:25.880 --> 13:31.880]  person, not consciously, had no conscious representation of what they were seeing. But
[13:32.880 --> 13:40.880]  there were other aspects of the mind connected to the eyes that allowed them to see or to
[13:40.880 --> 13:49.880]  perceive the image on an emotional level. And primarily this was all about the research
[13:50.880 --> 14:02.880]  concerning sixth sense. And another one, I'm sorry, in this research where they showed
[14:02.880 --> 14:12.880]  these images, what they found is not only that the individual responded with the blind
[14:13.880 --> 14:21.880]  eye, but they tended to consistently respond five seconds before it was shown.
[14:21.880 --> 14:31.880]  I was waiting for that to sink in a little bit. They're trying to, this is the empirical
[14:32.880 --> 14:42.880]  data. This is not theoretical. This is what they're seeing. Who has not had the experience
[14:42.880 --> 14:51.880]  of an ominous foreboding? I have those. That's what I call them, ominous forebodings.
[14:52.880 --> 14:57.880]  I'm going into work one day and I had this truck I had changed engines in. I blew out
[14:58.880 --> 15:01.880]  the original, put in another engine. The only thing I could find to put in it was a smaller
[15:02.880 --> 15:09.880]  engine, a 351 Windsor in a Ford van. It was barely big enough to pull the truck. So I
[15:09.880 --> 15:15.880]  tended to run it by the temperature gauge. I'd push it up until the temperature gauge
[15:16.880 --> 15:21.880]  started rising above the thermostat, which was set at 180. And if it was in a hurry,
[15:22.880 --> 15:26.880]  I'd push it up to 185 degrees. That meant the engine couldn't quite cool itself. Well,
[15:27.880 --> 15:30.880]  one morning I was going to work one Easter morning and something kept telling me,
[15:31.880 --> 15:34.880]  hurry up, hurry up, hurry up. And I'm thinking I got a half a day's work and a whole day
[15:34.880 --> 15:39.880]  to do it. So what's the big deal? But it just kept gnawing at me.
[15:40.880 --> 15:46.880]  So finally I pushed it up to 190 degrees, not 190 miles an hour. I got to the job.
[15:47.880 --> 15:51.880]  It was Hagar's Flex. And when I pulled into the job, a truck driver came in behind me
[15:52.880 --> 15:56.880]  and said, are you all right? You all right? Yeah, I'm fine. What? Well, once I kicked
[15:57.880 --> 16:01.880]  the speed up, that ominous foreboding went away. I said, what, what? Didn't you see it?
[16:01.880 --> 16:06.880]  I said, didn't I see what? Well, when you went under Skillman Avenue, a car come off
[16:07.880 --> 16:10.880]  the overpass and landed in the highway behind you. I thought it went right through your truck.
[16:11.880 --> 16:17.880]  I said, oh man, don't tell me that. Most of the times when we have these ominous forebodings
[16:18.880 --> 16:24.880]  and we respond to them, nothing happens. So we don't know if they were real or not.
[16:25.880 --> 16:29.880]  Every once in a while we get lucky and find out it was. That was one of those cases.
[16:29.880 --> 16:36.880]  I've had a couple others, but I found it very interesting. What could that be?
[16:37.880 --> 16:42.880]  If you have any ideas, if you'd like to discuss the issue, give me a call.
[16:43.880 --> 16:48.880]  Or if you have a question or comment on law, due process, real estate.
[16:49.880 --> 16:54.880]  When I come back, I'll talk about some things we did in the real estate area that you will find interesting.
[16:54.880 --> 16:59.880]  512-646-1984. We'll be right back.
[17:24.880 --> 17:37.880]  I love you. I want to know for sure. So come on, neutrify me. I love you.
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[18:59.880 --> 19:01.880]  To learn how to stop debt collectors now.
[19:01.880 --> 19:11.880]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[19:11.880 --> 19:27.880]  Music.
[19:28.880 --> 19:33.880]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio and we're talking about weird stuff.
[19:33.880 --> 19:42.880]  This first segment, we have one caller who seemed to pick it up soon as a screen, but there was something else.
[19:43.880 --> 19:49.880]  I spoke to it a bit last night. For those who weren't listening last night, I'll go back to this.
[19:50.880 --> 19:58.880]  Have you ever had one of those experiences where you realize something and you wind up smacking yourself in the forehead and saying,
[19:58.880 --> 20:04.880]  what was I thinking? How did I miss this?
[20:05.880 --> 20:16.880]  I've been doing this for some, this show for five, six years now and been researching the foreclosure mess for about five years now, four years now.
[20:16.880 --> 20:28.880]  How did I miss this? You know, if I told a 10-year-old that dirty rotten rascal, he filed a notice of default in the court record against me.
[20:29.880 --> 20:35.880]  The 10-year-old would say, well, why don't you file one against him? Duh.
[20:35.880 --> 20:50.880]  We have been addressing these foreclosure issues and over time we progressed through the, pretty well the standard arguments that everybody's been making.
[20:51.880 --> 20:59.880]  We've kind of worked our way past those and got to claims of breaches of the deed of trust.
[20:59.880 --> 21:09.880]  And it wasn't until someone sent me a notice of default, a fellow in Washington State filed in the record.
[21:09.880 --> 21:28.880]  He filed a debt validation letter with the servicer. The servicer failed to respond to it, so he filed a notice of default in the county record accusing the lender of defaulting on the deed of trust.
[21:28.880 --> 21:48.880]  What have I been thinking? You know, if you've been listening to the show, I've been working up a method of petitioning for declaratory judgment to get documents tossed from the county record, declared as void.
[21:48.880 --> 21:57.880]  I've been brain dead. I don't need to do that. We just file a notice of default ourselves.
[21:57.880 --> 22:17.880]  I recently went to a hearing where J.P. Morgan Chase had sold this property, but J.P. Morgan Chase wasn't the lender. Washington Mutual was and Washington Mutual was put out of business and there was no evidence that Washington Mutual assigned the deed of trust to J.P. Morgan Chase.
[22:17.880 --> 22:26.880]  So, the guy moved out of the state and he wasn't going to fight it, so I had him write me a warranty deed so I could fight it.
[22:27.880 --> 22:32.880]  My father went to court and told the court, you know, I don't know what's going on here. I have a warranty deed on this property.
[22:33.880 --> 22:39.880]  And it's not been contested. Well, how long has it been there? It's been there since March and this was August.
[22:39.880 --> 22:46.880]  He turned to the lawyer and he said, is that true? Well, Your Honor, that warranty deed is void.
[22:47.880 --> 23:03.880]  Well, it's not contested, Your Honor. If the lawyer thinks that there's a problem with that warranty deed, he needs to petition the court for declaratory judgment and have the warranty deed declared void. But he didn't do that.
[23:03.880 --> 23:13.880]  And so long as the warranty deed stands in the court record uncontested, it is valid.
[23:13.880 --> 23:40.880]  So, instead of petitioning the court to have their document thrown out, let's put a couple of our own in there. Let's put one in claiming that the lender at closing failed to give full disclosure to the borrower and therefore breached covenant 15 of the deed of trust.
[23:40.880 --> 23:47.880]  Not exercised, the privilege is granted in the deed.
[23:48.880 --> 23:59.880]  Notice in the record that we fired MERS. If you have MERS in your contract, you file a notice that MERS is fired.
[23:59.880 --> 24:11.880]  And MERS is the agent for the lender. Well, the lender is going to have a conniption fit when you fire MERS.
[24:12.880 --> 24:19.880]  But the only way they can do anything about it is petition for a quiet title or trespass to try a title.
[24:19.880 --> 24:35.880]  And we go to court and they say that he can't fire MERS and we say, who are you? Almost never will you have the lender you got the loan with come into court.
[24:35.880 --> 24:48.880]  Those mortgage companies were designed to go out of business as a tax scam. We'll talk about that on another time. But you always have someone else claiming to hold a note.
[24:49.880 --> 24:54.880]  And our big argument was prove you have agency standing in capacity.
[24:54.880 --> 25:07.880]  And in matters of foreclosure, the courts have been reluctant to give us a ruling. But that's not what this is. We have a document in the record. We filed it.
[25:08.880 --> 25:19.880]  Now they have to come in and claim that the document is void of no force and effect. But they can't come in and do that unless they have standing.
[25:19.880 --> 25:26.880]  And that's what we've been trying to get them to prove up the whole time. Now we get them in a better position.
[25:27.880 --> 25:42.880]  They have to file. And when they file, we'll file a challenge to subject matter jurisdiction claiming that the plaintiff has no standing to effect title as required by 13001 property code.
[25:42.880 --> 25:53.880]  Now we turn the tables on them. And if they complain that we can't fire MERS, we'll say of course we can. We hired him.
[25:54.880 --> 26:00.880]  And if we had the authority to hire him, we have the authority to fire him.
[26:00.880 --> 26:13.880]  We also file a notice of revocation of all transfers or assignments. All transfers are the deed of trust, the note, and any assignments of substitute trustee.
[26:14.880 --> 26:19.880]  We send a letter to any substitute trustee notifying him that he has been removed.
[26:19.880 --> 26:33.880]  And we file a notice in the record that we've removed the trustee. Trustee is immune from being sued for the foreclosure sale so long as he acts in good faith.
[26:34.880 --> 26:42.880]  When you file a notice in the record that he is removed, now he cannot act in good faith. Now here's the rub.
[26:42.880 --> 26:54.880]  And here's where they're going to jump up and down and wave their arms. They're going to say in most states they have a law that forbids the borrower from appointing a substitute trustee.
[26:55.880 --> 26:59.880]  But there's no law forbidding the borrower from firing the trustee.
[26:59.880 --> 27:11.880]  Since you were the one that originally appointed the original trustee, the lender appointed another one, you can come in and say I don't accept this trustee.
[27:12.880 --> 27:24.880]  The trustee is biased as he is too closely affiliated with the borrower, so therefore he is removed. Get us one that's neutral.
[27:24.880 --> 27:29.880]  So we can fire him, we can't hire a new one. We have to get the lender to do that.
[27:30.880 --> 27:47.880]  And the lender, in order to do that, they may just go ahead and try to file another one, but that'll certainly, it'll either stop a foreclosure or it will give you opportunity to sue the trustee, and trustees are not going to want to be sued.
[27:47.880 --> 28:00.880]  So that's what we've been doing here lately on the foreclosure end. We may have come across a way to turn everything on its head.
[28:01.880 --> 28:09.880]  Mark in Wisconsin, I'm going to shut up now, and we've got about two minutes before the break. Mark, what do you have for us?
[28:09.880 --> 28:22.880]  Well, thanks for taking my call, Randy. Black-robed judges, judicial versus ministerial decisions. I'd like to, on the other side, discuss that.
[28:22.880 --> 28:41.880]  A judge has a ministerial duty to determine the facts in accordance with the rules of evidence, then apply the law as it comes to him to the facts in the case. That's his job. He didn't have much more.
[28:41.880 --> 29:07.880]  That's all right. You may remember my lawsuit with one of the gems of humanity, just so we can go out on this. There's a new lawsuit involving an entirely different business partner of his, and one of his filings, he pointed out that the gem of humanity threatened to stab me with a fork in a public restaurant.
[29:07.880 --> 29:13.880]  Yeah, okay. This is Mark Madison?
[29:14.880 --> 29:18.880]  No, no. This is the Mark not Madison.
[29:19.880 --> 29:28.880]  Okay, that's what I thought, M-A-R-C. Okay, I'm thinking about a guy that Mark was suing in the justice court, so I'm not sure who you're talking about.
[29:29.880 --> 29:33.880]  Oh, this would be the one in, well, now we're on break.
[29:33.880 --> 29:58.880]  Okay, well, we'll pick this up when we come back on the other side, and maybe I can get reoriented. This is Randy Kelton, Deborah Stevens, Rule of Law Radio. Call in number, 512-646-1984. Give us a call. This is our four-hour info marathon, and we will be glad to ask your questions or take your criticism. We'll be right back.
[29:58.880 --> 30:13.880]  Everyone knows eating broccoli is good for you, but would you wear it to the beach? You just might want to when you hear the latest research. I'm Dr. Catherine Albrecht, and I'll share a surprising new use for this vegetable in just a moment.
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[30:28.880 --> 30:33.880]  Startpage doesn't store your IP address, make a record of your searches, or use tracking cookies, and they're third-party certified.
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[30:44.880 --> 30:56.880]  Broccoli is loaded with vitamins, minerals, and fiber, and it tastes great in so many ways. Personally, I love mine sautéed with garlic and soy sauce, but now scientists say we might want to slather its juice on our bodies. I'm not joking.
[30:56.880 --> 31:07.880]  Researchers at Johns Hopkins University found that broccoli juice provides better defense against the sun's ultraviolet rays than name-brand sunscreens. Broccoli juice works differently than sunscreen.
[31:08.880 --> 31:17.880]  It doesn't prevent rays from entering the skin. Rather, it prompts the body to produce enzymes that protect the skin against cell damage that ages the skin and can lead to cancer.
[31:18.880 --> 31:22.880]  As a bonus, the juice continues working for several days, even after it's been washed away.
[31:22.880 --> 31:27.880]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:52.880 --> 32:01.880]  I'm a New York City correction officer. I'm an Air Force pilot. I'm a father who lost his son. We're Americans, and we deserve the truth. Go to RememberBuilding7.org today.
[32:02.880 --> 32:11.880]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so easy, and neither is finding like-minded people to share it with.
[32:12.880 --> 32:15.880]  Oh, well, I guess you haven't heard of Brave New Books, then. Brave New Books?
[32:15.880 --> 32:25.880]  Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin. They even stock inner food, Berkey products, and Calvin soaps.
[32:26.880 --> 32:28.880]  There's no way a place like that exists.
[32:29.880 --> 32:34.880]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[32:35.880 --> 32:37.880]  By UT, there's never anywhere to park down there.
[32:37.880 --> 32:45.880]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking Facility, just behind the bookstore.
[32:46.880 --> 32:48.880]  It does exist, but when are they open?
[32:49.880 --> 33:00.880]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays, so give them a call at 512-480-2503, or check out their events page at BraveNewBookstore.com.
[33:00.880 --> 33:10.880]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:31.880 --> 33:34.880]  Hmm, I have a...
[33:36.880 --> 33:44.880]  Mark, you have a lot of background noise. It sounds like you dropped your microphone in the toilet.
[33:45.880 --> 33:51.880]  No, I didn't. Fortunately, I can't really do a whole lot about the background noise at the moment.
[33:52.880 --> 33:55.880]  Okay, it's better now. Whatever that was, it stopped.
[33:56.880 --> 33:57.880]  Okay.
[33:57.880 --> 34:04.880]  Where were we? Okay, bring us back up to speed on who your favorite citizen is.
[34:05.880 --> 34:12.880]  Oh, all right. I did some work for my favorite citizen, attempting to recover data from a virtual machine.
[34:13.880 --> 34:20.880]  I successfully recovered data every container he gave me, but he kept giving me the same damn container because he kept...
[34:20.880 --> 34:28.880]  I'm sorry, he kept giving me the same darn container, and then he'd go, this isn't the right data.
[34:29.880 --> 34:33.880]  So after seven attempts, he determined that he didn't have any more containers.
[34:34.880 --> 34:44.880]  I couldn't get him the data he wanted because he was being sued by the EEOC for labor practices, and he said, well, I'm not going to pay you.
[34:45.880 --> 34:48.880]  So I waited a while, and I eventually sued him.
[34:48.880 --> 35:00.880]  He then goes ahead and does what he normally does in lawsuits, ignore and, you know, try to confuse the issue.
[35:01.880 --> 35:06.880]  So I sent him a letter. He dodged service. I sent him a letter.
[35:07.880 --> 35:14.880]  It came back to me stamped by...stamped that forwarding address expired in return to sender.
[35:14.880 --> 35:25.880]  Problem for him is that he's living in a location where the post office, via their letter to me, said, we never stamped it.
[35:26.880 --> 35:33.880]  That's right. This guy's got a rubber stamp that he owns that he stamps with mail he doesn't like, forwarding address expired, return to sender.
[35:34.880 --> 35:42.880]  He tossed that into the postal system. They go, oh, this must have just been misrouted, and then they reroute it just like it was a forwarding address expired.
[35:42.880 --> 35:46.880]  That, of course, confuses many people thinking, oh, he moved.
[35:47.880 --> 35:58.880]  Meanwhile, I also sent a...because I joined a couple of additional parties to the lawsuit, I sent another letter to a business partner.
[35:59.880 --> 36:08.880]  He intercepted that letter, showed up in court, waving it around, saying he was improperly served, and he had a lawyer.
[36:08.880 --> 36:12.880]  Of course, the judge asked, where's your lawyer? He says, he's not here.
[36:13.880 --> 36:18.880]  So the judge says, you've got 15 days. Tell us why you're not to be sued.
[36:19.880 --> 36:24.880]  Day 16 or 17, court automatically entered a, you know, for me.
[36:25.880 --> 36:29.880]  He then calls up his lawyers and read them the riot act.
[36:29.880 --> 36:38.880]  They then sent a letter to the court saying, we filed the form. We need to reopen this and gave a bunch of reasons why.
[36:39.880 --> 36:47.880]  The judge, according to the records that I have, the judge told the clerk of the courts to send back the attorney's filing,
[36:48.880 --> 36:54.880]  and he vacated the judgment in an ex parte hearing because I wasn't there when the judgment got vacated.
[36:54.880 --> 37:01.880]  And certainly, if you're going to vacate a judgment, shouldn't I have been there, along with the attorney for the other side?
[37:02.880 --> 37:07.880]  Sometimes they can do that sousponte.
[37:08.880 --> 37:13.880]  Yeah, well, we'll pretend that they can't because it makes me feel more righteous indignation.
[37:14.880 --> 37:16.880]  Okay, good, good. I like righteous indignation.
[37:16.880 --> 37:26.880]  So then the case moves forward. The judge goes ahead and says, yeah, this case is taking up way too much of my time.
[37:27.880 --> 37:35.880]  The judge refused to enter a default judgment with another party, even though the record met the five criteria that the state has for entering a default judgment.
[37:36.880 --> 37:41.880]  He then has, he says, you know, if you can show me that this is in the record, I'll enter a default judgment.
[37:41.880 --> 37:45.880]  Show up another time, present that evidence. He goes, yeah, I don't see it.
[37:46.880 --> 37:57.880]  We go to, ultimately, in the pellet decision, and the first appellate decision, the judge telegraphed to me, and it's taken me a while to understand the telegraphing,
[37:58.880 --> 38:04.880]  no decision has been rendered in this case, therefore I'm not going to rule on any of your discovery requests.
[38:04.880 --> 38:10.880]  And then the next thing he does is rule in favor of me for the default judgment.
[38:11.880 --> 38:16.880]  After the default judgment happens, everything rolls forward, I get paid, case ends.
[38:17.880 --> 38:24.880]  Now, what's interesting, and the reason I was asking the question of ministerial versus judicial,
[38:25.880 --> 38:32.880]  first off, we have the vacating the judgment, and whether that would be judicial or ministerial.
[38:32.880 --> 38:36.880]  You should weigh in now.
[38:37.880 --> 38:38.880]  Okay, that's judicial.
[38:39.880 --> 38:40.880]  That's judicial? Okay.
[38:41.880 --> 38:49.880]  Judicial decision exists then when the judge says, I'm not going to allow any more discovery in this case?
[38:50.880 --> 38:54.880]  Yes, that's within his plenary jurisdiction, that's within his discretion.
[38:54.880 --> 39:02.880]  Okay, and the judge deciding that it must be judicial, the judge deciding, this affidavit that you're claiming is bullshit,
[39:03.880 --> 39:06.880]  I'm sorry, bullcrap, and has...
[39:07.880 --> 39:11.880]  Wait a minute, I think the proper term is bull poop on the radio.
[39:12.880 --> 39:13.880]  Okay, bull poop.
[39:13.880 --> 39:27.880]  This affidavit that you're claiming is bull poop, and you claim where this gentleman says that, you know, whatever, is not true,
[39:28.880 --> 39:35.880]  and you ask for hearing on this, I'm not going to even listen to that hearing, and I'm even going to go so far as to say everything he said is true.
[39:36.880 --> 39:37.880]  That's also judicial?
[39:38.880 --> 39:39.880]  That's not judicial.
[39:40.880 --> 39:41.880]  Really?
[39:41.880 --> 39:48.880]  He's saying, wait a minute, okay, when you used the term he, were you referring to the defendant?
[39:49.880 --> 39:50.880]  The judge.
[39:51.880 --> 39:52.880]  Well, there's multiple he's.
[39:53.880 --> 39:58.880]  The judge, he, my, you know, world's most favorite person,
[39:58.880 --> 40:10.880]  that world's most favorite person made a statement where he, world's most favorite person was by his own hand in other legal cases said,
[40:11.880 --> 40:14.880]  I am the general manager of this business group.
[40:14.880 --> 40:28.880]  The world's most favorite person also stated that world's most favorite person did not know who the owners were of a business group which consisted of three places,
[40:29.880 --> 40:38.880]  and ultimately other cases showed that world's most favorite person had meetings with others who were the owners.
[40:38.880 --> 40:44.880]  Okay, was that statement material?
[40:45.880 --> 40:49.880]  It is in the sense that I was attempting to pierce the corporate veil,
[40:50.880 --> 40:58.880]  and that the issue of ownership is, as far as I'm concerned, not only germane in my case,
[40:58.880 --> 41:08.880]  but there's nearly $100,000 worth of unpaid judgments in other cases where the ownership was somehow in play.
[41:09.880 --> 41:17.880]  World's most famous person went so far as to sign as the guarantor for a business lease,
[41:18.880 --> 41:24.880]  and if he is nothing, if world's most famous person is the favorite person is nothing more than the general manager,
[41:24.880 --> 41:28.880]  why is he the guarantor on all this?
[41:29.880 --> 41:36.880]  Do you have any evidence that he has testified in any other court where he has not made this claim,
[41:37.880 --> 41:40.880]  where he has admitted that he does know who owns the company?
[41:40.880 --> 41:55.880]  Well, world's most famous person has never testified that he didn't know. However, I do have other cases where the owners were called to be witnesses,
[41:56.880 --> 42:02.880]  and the bankruptcy where it was stated that world's most famous person met with the owners.
[42:02.880 --> 42:16.880]  Okay, then that would go to perjury. It would go to aggravated perjury if you could show that the fact that he did or did not know who the owners were was material to the outcome of the case.
[42:17.880 --> 42:20.880]  I was looking for collateral estoppel.
[42:20.880 --> 42:34.880]  If he had testified in a way that indicated that he did know who they were in one case, he would be subject to collateral estoppel from taking an opposite position in this case.
[42:34.880 --> 42:53.880]  Right, and world's most famous favorite person has never testified that he knew of these others. However, the lawyers and other filings in total have shown that he did know who the owners were.
[42:54.880 --> 43:00.880]  When he testified that he did not know who the owners were, were his lawyers present?
[43:00.880 --> 43:21.880]  The lawyers, when he stated in the discovery that he didn't know who the owners were, his law firm at that time signed the paperwork as the notary.
[43:21.880 --> 43:31.880]  Okay, file against the lawyer for perjury and file a bar grievance against the lawyer. You might consider a malpractice suit against the lawyer.
[43:32.880 --> 43:36.880]  Alright, when we come back I can tell you about the result of the bar grievance.
[43:36.880 --> 43:55.880]  Good, good. Okay, you're up to speed. Okay, this is Randy Kelton, Deborah Stevens, Rule of Law Radio. Our call-in number 512-646-1984. Give us a call. It generally builds up toward the end, so it's better to call in early. We'll be right back.
[43:55.880 --> 44:15.880]  Mr. President, members of Congress, you've been making a lot of noise about taking our guns away. But you might want to review history. 1835, Gonzales, Texas territory.
[44:15.880 --> 44:31.880]  The authorities wanted to confiscate the big gun that protected that colony. You know what the people said? Come and take it. Because they were willing to fight for their freedom and their guns. So are we.
[44:31.880 --> 44:54.880]  Come and take it if you want it. Come and take it if you think you can. Come and take it, but I warn you, you'll have to pry it from our cold dead hands. We want the freedom that God gave us, so you best not cross that line. If you want this gun, you gotta come through us and take it.
[44:54.880 --> 45:00.880]  One shot at a time. Just like Gonzales, we're keeping our guns.
[45:01.880 --> 45:15.880]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary, the affordable, easy to understand 4CD course that will show you how in 24 hours, step by step.
[45:15.880 --> 45:28.880]  If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer, know what you should do for yourself. Thousands have won with our step by step course, and now you can too.
[45:29.880 --> 45:43.880]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience. Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:43.880 --> 46:01.880]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more. Please visit RuleOfLawRadio.com and click on the banner or call toll free 866-LAW-EASY.
[46:13.880 --> 46:27.880]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Mark in Wisconsin. Okay, go ahead, Mark.
[46:27.880 --> 46:52.880]  All right, I believe we were coming back on the complaint against the lawyer. So not only did the lawyer submit this document, where subsequent testimony from one of the owners in a phone call to me, he acknowledged that world's most favorite person was the client and not the business with that law firm.
[46:52.880 --> 47:10.880]  So, therefore, when the and that particular law firm had in their paperwork one of the lawsuits, actually two of the lawsuits, that showed world's most favorite person knew who the owners were.
[47:10.880 --> 47:23.880]  And my discovery request, which I aped from a discovery request years ago, explicitly said you, the law firm, are to review all your files.
[47:24.880 --> 47:30.880]  Their response back said they objected to me ordering them to review all their files.
[47:30.880 --> 47:44.880]  So I asked them to compare their files, so in theory they would have had, since they were representing him, world's most favorite person, in two separate lawsuits where ownership was listed.
[47:44.880 --> 48:11.880]  They came back with, yeah, he says that he doesn't know who the owners were. And as an added loving bonus, how an S can look like a five and a zero can look like an O, they explicitly went ahead and used a five for an S and a zero for an O in part of their response.
[48:11.880 --> 48:23.880]  So that perhaps they could later on go, oh, you didn't mean LO number, you meant L0 number. Oh, that changes our answer.
[48:24.880 --> 48:32.880]  And similarly with S0, the rest of the number, oh, you didn't mean 50, you meant S0.
[48:32.880 --> 48:50.880]  Because those would have actually, you know, in a literal genie granting you your wish kind of thinking, they would have changed the answers from, oh, it turns out I do know who the owners of S0 are, but I don't know who the owners of 50 are.
[48:51.880 --> 48:58.880]  Okay, then you might ask, you know, I don't, very little chance that would ever fly.
[48:58.880 --> 49:11.880]  I even went so far as I filed a particular thing to say that I accept that those are typos and they had over 21 days to correct it, they never did.
[49:12.880 --> 49:16.880]  So I tried to close that barn door that was scoped open.
[49:17.880 --> 49:19.880]  Good, good. Okay, did you file the bar grievance?
[49:19.880 --> 49:33.880]  I did file a bar grievance, and in fact, I was so successful with the bar grievance in the sense that they were worried. At one of the hearings, they deployed a second lawyer who explicitly said, I'm here representing the firm.
[49:34.880 --> 49:44.880]  Then after the bar grievance, people came back and said, oh, none of this stuff that you've said rises to the level of misconduct.
[49:45.880 --> 49:47.880]  Did they actually say that?
[49:47.880 --> 49:48.880]  Oh, yes.
[49:50.880 --> 49:52.880]  Why are we not surprised?
[49:53.880 --> 49:55.880]  Why are we not surprised? Exactly, but you'll love this one.
[49:56.880 --> 50:06.880]  I asked explicitly in a, one of the discovery questions was, you know, are you explicitly the owner, not the owner, etc.
[50:06.880 --> 50:23.880]  And there was a letter I received after I asked that discovery, or interrogatory, they responded and said, we'll answer that question if you agree to drop the lawsuit, which I believe is not at all how you're supposed to answer any discovery questions.
[50:26.880 --> 50:29.880]  So did they raise an objection to the...
[50:30.880 --> 50:31.880]  No, no.
[50:32.880 --> 50:34.880]  And that was part of my bar grievance.
[50:34.880 --> 50:39.880]  Good. Wait a minute. You didn't put two items in a single grievance, did you?
[50:40.880 --> 50:42.880]  Oh, I put multiples in the one grievance.
[50:43.880 --> 50:45.880]  Naughty, naughty, naughty.
[50:46.880 --> 50:48.880]  I could always grieve them again. It's been less than two years.
[50:49.880 --> 50:54.880]  Good. One item, one issue per grievance.
[50:55.880 --> 51:01.880]  Okay. Well, I can always go back to their answer and say, you really didn't address all of these things. Let's go over this one more time.
[51:01.880 --> 51:03.880]  But here's another little gem.
[51:04.880 --> 51:12.880]  They went ahead and said, you know, we noticed that you dropped from the lawsuit one of the parties when they said, I'm not an owner.
[51:13.880 --> 51:17.880]  And I really didn't have enough paperwork to make it stick.
[51:18.880 --> 51:28.880]  All I had was the world's most famous favorite person talking about this other person as being an owner who screwed him and he didn't, you know, etc.
[51:28.880 --> 51:32.880]  So I didn't have a paperwork from other courts to back him up.
[51:33.880 --> 51:38.880]  And so when he said I'm not the owner and never been, I had nothing I could fall back on.
[51:39.880 --> 51:43.880]  Okay. So I dropped him. I dropped him like a hot potato.
[51:44.880 --> 51:56.880]  So attorney, young pup attorney, went ahead and said, my client is willing to provide an affidavit saying he's not the owner if you drop the lawsuit.
[51:56.880 --> 52:05.880]  He called me in this and I said, well, I'm more than happy to consider it if you send me the affidavit and you file the affidavit in court.
[52:06.880 --> 52:09.880]  The young pup attorney explicitly said, we're not filing it in the courtroom.
[52:10.880 --> 52:12.880]  We're not filing it with the court.
[52:13.880 --> 52:24.880]  Okay, great. Then lo and behold, unsolicited, I get this list of I'm not the owner and never been the owner of listed the various companies.
[52:24.880 --> 52:49.880]  And I sent you an email, a bit of a panic about this when it happened, asking how I preserved this letter most properly because the signature line on both the world's most favorite person and the attorney who's acting as a notary, plus the signatures are cloud of dots.
[52:49.880 --> 53:08.880]  And as an added bonus, the line underneath where the attorney signs on this date and the date and where my blessing by the state expires on this date, the expires on this date is crossed out.
[53:08.880 --> 53:18.880]  The is permanent is a cloud of dots, but the date where it's handwritten in and the crossing out are solid lines.
[53:19.880 --> 53:35.880]  So for the attorney to have signed this physical document, which I have a photocopy of, he would have had to have shifted and switched pens or pen colors for one thing to be a cloud of dots and the other to be solid lines.
[53:35.880 --> 53:55.880]  I believe I have a forged document. Now where this gets fun is there's a new lawsuit between the world's most favorite person who incorporated a new corporation and the original people who incorporated as to who owns this thing.
[53:55.880 --> 54:08.880]  And I've just shipped that off the copy of what I think is a forged document off to their lawyers and we'll see if world's most favorite person admits that he never signed that document.
[54:09.880 --> 54:11.880]  And it was a fabrication of the attorney.
[54:12.880 --> 54:17.880]  Did you send the notary a request for evidence of the authentication?
[54:17.880 --> 54:27.880]  I have not done that yet. I will however do that. Apparently then attorneys are supposed to keep a log then of their authentication?
[54:27.880 --> 54:48.880]  It depends on the state. I'm not sure about Wisconsin, but even if they don't keep a log, if they did that, they would have a timesheet where they charge the time to their client. They should have some kind of evidence that they did that and they're not going to have any.
[54:48.880 --> 55:08.880]  And you can claim that since there's indication that this was forged and the lawyer was unable to provide evidence of the authentication then you have a reason to believe and do believe that it has been forged.
[55:09.880 --> 55:16.880]  Beautiful. I will go ahead and draft up a lovely notice like that to my buddies.
[55:16.880 --> 55:24.880]  If the notary is a lawyer, you got a bar grieving for that.
[55:25.880 --> 55:41.880]  Well, and that's the other thing. There were three lawyers that touched world's most favorite person at the law firm. One of them was an actual partner. That lawyer is no longer at the firm. The other two are still at the firm.
[55:41.880 --> 55:49.880]  Now whether I had anything to do with a partner packing up and going, I have no idea.
[55:50.880 --> 55:53.880]  But you like to think you do. You did.
[55:54.880 --> 56:02.880]  It allows you to go ahead and say, yeah, one of the people who listens to me was able to get a lawyer fired. Helps you too.
[56:03.880 --> 56:07.880]  This is how we're going to get control back.
[56:07.880 --> 56:12.880]  So at this point, so you won the original case and got paid.
[56:13.880 --> 56:25.880]  Yeah, I got paid. I got paid in full. And in fact, like I said, there are lots of people with this go around of his business who've never been paid or didn't get paid in full.
[56:25.880 --> 56:45.880]  So, you know, win for me, yay, go team. Right now there's new lawsuits with one that they wouldn't give a restraining order, including the world's most favorite person threatening another party sticking a fork in him at a restaurant.
[56:46.880 --> 56:50.880]  Well, maybe they came to a fork in the road.
[56:51.880 --> 56:52.880]  Most definitely.
[56:52.880 --> 56:54.880]  He picked it up and used it as a weapon.
[56:55.880 --> 57:05.880]  Yep. My interest is, you know, how can I ding the judge in this? And, you know, the far easier case is dinging the lawyer.
[57:06.880 --> 57:15.880]  So now I've got other people who will work on getting the document authenticated or not, which I think is forged. You know, the affidavit I think is forged.
[57:15.880 --> 57:29.880]  And the dinging the judge, you know, you say you take some pieces of silver for helping people. Do you dock somebody if the piece of silver has George Bush's face on it?
[57:30.880 --> 57:41.880]  I would want to, but I haven't heard anything that would really give you a shot at the judge. He did in the end give you your ruling.
[57:41.880 --> 57:51.880]  No, he got bounced. This was great. But he got bounced and they put in a new judge and her first day was with me.
[57:52.880 --> 57:55.880]  Oh, welcome to the deep end of the pool.
[57:56.880 --> 57:57.880]  You bet.
[57:58.880 --> 58:02.880]  OK, hang on. We'll finish this up on the other side. And then we have Mark in Texas.
[58:02.880 --> 58:12.880]  This is Randy Kelton and Deborah Stevens. We'll go into our top of the hour break. That'll be a three minute break. So be patient with us.
[58:13.880 --> 58:19.880]  When we come back on the other side, we'll go to Ed in Texas. We'll finish up with Mark and then go to Ed.
[58:20.880 --> 58:30.880]  Ed has some information about the different types of citizens and status. And we'll try to get that clarified.
[58:30.880 --> 58:33.880]  We talked about it last night. We'll address that a little more tonight.
[58:33.880 --> 58:59.880]  Our call in number is 512-646-1984. Give us a call. It builds up toward the end. So give us a call. Get in line. We'll be right back.
[59:03.880 --> 59:05.880]  We'll be right back.
[59:33.880 --> 59:49.880]  Call Bibles for America toll free at 888-551-0102 or visit us online at bfa.org.
[01:00:03.880 --> 01:00:13.880]  You're listening to the Liberty Beats, your daily source for liberty news and activist updates online at thelibertybeat.com.
[01:00:13.880 --> 01:00:33.880]  John Bush here with your Liberty Beat for June 19, 2013. Gold opened today at $1,375. Silver at $21.71. And Bitcoin is trading at $108. Support for the Liberty Beat comes from Brave New Books, Freethinking Materials and Freethinking People since 2006.
[01:00:33.880 --> 01:00:46.880]  And Austin at 1904 Guadalupe Street and at Forkfest at Site 26. Also support comes from Central Texas Gunworks, CHL courses, self-defense training and firearm sales online at centraltexasgunworks.com.
[01:00:47.880 --> 01:00:55.880]  And now the news. On Tuesday morning, a group of around 50 Houstonians protested outside the office of U.S. Representative Sheila Jackson Lee.
[01:00:55.880 --> 01:01:09.880]  The group was rallying in support of the Second Amendment as well as the Armed Citizens Project. The Armed Citizens Project gained the attention last week when Oak Forest neighborhood of Houston became the first in the country to experience a free gun giveaway for single mothers.
[01:01:09.880 --> 01:01:25.880]  Sheila Jackson Lee spoke in opposition to the ACP's gun sharing program and in favor of universal background checks for gun purchases. Kyle Copeland, founder of the Armed Citizens Project, says he believes an educated and armed citizenry is key to reducing crime.
[01:01:25.880 --> 01:01:44.880]  Tuesday, Google filed a legal challenge against gag orders that came with the FISA court orders it receives from the FBI and NSA. Google is arguing that the silence orders infringe upon the company's First Amendment rights to speak freely about the data requests from the government.
[01:01:44.880 --> 01:01:57.880]  According to a court motion filed by Google, they are seeking to release information on the amount of data requests and specific user information. Currently under the FISA Act, Google is not allowed to disclose publicly the number of requests it gets for data.
[01:01:57.880 --> 01:02:14.880]  The public requests have only come about in light of recently leaked information regarding the PRISM software and after the Director of National Intelligence acknowledged that the service providers have received Foreign Intelligence Surveillance Act requests.
[01:02:14.880 --> 01:02:32.880]  Sao Paulo, Brazil continues to be the scene of another night of protests. Demonstrators are calling for a more responsive government and have expressed a general anger towards the government financial priorities. Protests have been organized by university students and a group called the Free Fair Movement, which is called for free public transportation.
[01:02:33.880 --> 01:02:42.880]  Pictures of the scene show protesters clashing with riot police. These latest clashes come after accusations last week of police brutality and the targeting of journalists.
[01:02:42.880 --> 01:02:58.880]  Support for the Liberty Beat comes from Tomorrow's Meals Today. South Austin Market Days every Saturday from 3 to 7 p.m. at 10106 Manchac Road. And from Capital City Automotive. Honest, reliable auto care for vehicles foreign and domestic.
[01:02:58.880 --> 01:03:16.880]  It's all according to the will of the Almighty. I read his book and it says he cares not for the unsightly.
[01:03:16.880 --> 01:03:28.880]  OK, we are back. Randy Kelton, Debbie Stevens, Wheel of Life Radio and we're talking to Mark in Wisconsin.
[01:03:28.880 --> 01:03:54.880]  OK, right. All right. So the case, you know, it's obvious that this judge has been stonewalling every step he can. And he went ahead and told me, no, any of my decisions, you know, file the appeals. And so I went for the appeal on the default judgment and the decisions that he had to stop my interrogatories, stop my discovery.
[01:03:54.880 --> 01:04:04.880]  Well, the appellate judge, you know, didn't want to hear anything about the discovery, said that the case was not decided. He didn't care.
[01:04:04.880 --> 01:04:29.880]  And then he went ahead and went through the hearing on the other guy for the default. I got the default and that rolled forward. But they went ahead and removed the judge who was causing me the problems and stuck the new person in who just came out of the DA's office and her first day was on my case.
[01:04:29.880 --> 01:04:40.880]  And she admitted, she says, I haven't read this case. Now, keep in mind that by this time, this case has moved to it's a small claims court case for three thousand dollars.
[01:04:41.880 --> 01:04:48.880]  And it's got two separate folders because of the amount of paperwork I filed.
[01:04:49.880 --> 01:04:53.880]  Did you ask for a continuance so that the judge could read the case?
[01:04:53.880 --> 01:05:10.880]  She, in fact, said after I read the case, we'll come back. Of course, none of that mattered because the next move in the different court room was to, you know, put the bullet in the head of the thing by getting the default judgment against the other party, which ended it.
[01:05:10.880 --> 01:05:28.880]  So I got, you know, with her not having read it, yeah, I'm sure that's some kind of violation, but it's understandable. It's her first day. She's never seen this case before and it's thick. I'm willing to cut her the break.
[01:05:28.880 --> 01:05:39.880]  And in fact, after this is all done, I intend to show up in her courtroom or at least in the one year anniversary show up in her courtroom and, you know, make my presence known.
[01:05:40.880 --> 01:05:50.880]  Well, I have a short story about a judge's first day. I had written a habeas corpus for a friend of mine son. He was in court with it.
[01:05:50.880 --> 01:06:00.880]  And the judge, the prior judge had been, had retired and they appointed this judge to finish out his term.
[01:06:01.880 --> 01:06:09.880]  And we were in their first days hearing this habeas and the kid kept asking me questions and finally the judge said, who is he?
[01:06:09.880 --> 01:06:21.880]  And Don said, well, he's the guy who wrote the habeas. Then after the hearing, I told the judge that I had something I would like to discuss with him.
[01:06:22.880 --> 01:06:26.880]  And he said, well, sure, come on up. And I handed him a set of criminal complaints against another judge.
[01:06:26.880 --> 01:06:39.880]  He said, well, Mr. Kelton, these are criminal complaints against another judge. Yes, your honor, they are. I'm invoking your duty as a magistrate.
[01:06:40.880 --> 01:06:49.880]  He said, Mr. Kelton, you realize this is my first day. I said, yes, your honor, I do. Welcome to the deep end of the pool.
[01:06:49.880 --> 01:06:58.880]  And I have to give him credit. He found some humor in that one. Okay, go ahead.
[01:06:58.880 --> 01:07:22.880]  All right. That was the other reason I was calling tonight was not to go ahead and remind you of my whole saga over the few months that I called, but I have particularly wanting to file the criminal charges for the perjury, or as you've called it, aggravated perjury.
[01:07:22.880 --> 01:07:30.880]  I like that. It'll only be aggravated perjury if the fact was material to the outcome of the case.
[01:07:31.880 --> 01:07:34.880]  And as far as I'm concerned, it was. Good.
[01:07:34.880 --> 01:07:57.880]  All right. What we've got here is you've said it's best to sharpshoot your complaint, basically mail it in via, you know, registered mail. And in Wisconsin, 1968.01.2, the complaint is a written statement of the essential facts constituting the offense charge.
[01:07:57.880 --> 01:08:09.880]  A person, so that would be me, may make a complaint on information and belief, except as provided in sub three or four, which is basically electronic filing.
[01:08:10.880 --> 01:08:15.880]  The complaint shall be made upon oath before a district attorney or judge as provided in this chapter.
[01:08:15.880 --> 01:08:29.880]  Now, the complaint with the upon oath part, is that me having to swear in front of the judge and the district attorney or can I find any poor old notary and have them sign it, the complaint?
[01:08:29.880 --> 01:08:54.880]  Depends on how Wisconsin has interpreted those statutes. What you could do is just go bushwhack a magistrate somewhere in his courtroom that has nothing to do with any of this and dump it on him.
[01:08:54.880 --> 01:09:04.880]  Just ask him to swear you in and verify these complaints for you. You don't have to file them with him. You can send them to the district attorney.
[01:09:04.880 --> 01:09:24.880]  All right. Now, is it better for me to pick the most superior judge in the counties or should I pick a judge where world's most favorite person went ahead and took one of their letters, refused on it and got sent back to their courtroom?
[01:09:24.880 --> 01:09:34.880]  We're basically this world's most famous person. Should I pick one of the judges that world's most favorite person has jerked around?
[01:09:35.880 --> 01:09:37.880]  Absolutely.
[01:09:37.880 --> 01:09:56.880]  All right. Because one of my complaints, if you remember, this guy intercepted somebody else's summons and complaint. I figured the judge who had their mail sent back as refused would be a fine person to have it sworn in front of.
[01:09:57.880 --> 01:09:59.880]  How's that in politics?
[01:10:00.880 --> 01:10:02.880]  I think that is so devious. I love it.
[01:10:02.880 --> 01:10:09.880]  All right. Then the other one is, you know, trying to bypass the jury here.
[01:10:09.880 --> 01:10:35.880]  96844 witnesses. The presiding juror of any grand jury in the district attorney or any prosecuting officer who is before the grand jury may administer all oaths and affirmations in the manner prescribed to law the witnesses to any witnesses who appear before the grand jury for the purpose of testifying in any matter of which the witnesses have cognizance.
[01:10:35.880 --> 01:10:45.880]  At the request of the court, the presiding juror shall return the court a list under his or her hand the witnesses who swore before the grand jury. This is shall be filed with the court of the circuit court.
[01:10:46.880 --> 01:10:54.880]  Is any witness who appears before the jury for the purpose of testifying in any manner with the witnesses have cognizance?
[01:10:54.880 --> 01:11:04.880]  If I can somehow get the presiding juror, you know, to contact, is that law and me my gateway in?
[01:11:05.880 --> 01:11:19.880]  Well, yeah, if you can get the grand jury to accept it. Now, if you're sending this to the grand jury, it does not necessarily have to be a formal criminal complaint.
[01:11:20.880 --> 01:11:22.880]  Oh, I want it to be a formal criminal complaint?
[01:11:22.880 --> 01:11:27.880]  Technically, all you have to do is give notice to the grand jury.
[01:11:28.880 --> 01:11:29.880]  Okay.
[01:11:30.880 --> 01:11:41.880]  If the grand jury decides to present, then they will ask the prosecutor to create an information and it will serve as a complaint.
[01:11:41.880 --> 01:11:53.880]  It depends on how it's worded in Wisconsin. In Texas, a prosecutor cannot file a complaint. There must be one.
[01:11:54.880 --> 01:11:59.880]  But a grand jury member can create the complaint.
[01:11:59.880 --> 01:12:11.880]  Yeah, the complaint, I can create the complaint as per 968-01-2, the complaint is a written statement of essential facts.
[01:12:12.880 --> 01:12:22.880]  A person may make the complaint on information and belief. So I can create the complaint, but for it to be filed and they used another term, that has to go through the DA.
[01:12:23.880 --> 01:12:27.880]  Then the last one that I had a wedge issue.
[01:12:27.880 --> 01:12:29.880]  Wait a minute, wait a minute, hold on.
[01:12:30.880 --> 01:12:31.880]  Okay.
[01:12:32.880 --> 01:12:45.880]  What does it say about the DA's relationship with the grand jury? More specifically, what does the Wisconsin statute say is the duty of the grand jury?
[01:12:45.880 --> 01:12:57.880]  Alright, hold on, I'm pulling that up. Complaint, issuance and filing of the complaint, filing being the other word, except as provided, that's 962-02-1.
[01:12:58.880 --> 01:13:00.880]  Wait, wait, no, that's not what I'm looking for.
[01:13:01.880 --> 01:13:02.880]  Okay.
[01:13:03.880 --> 01:13:08.880]  You'll have one that says duties of grand jurors. While you're looking for that, I'll tell you what Texas says.
[01:13:08.880 --> 01:13:18.880]  Okay.
[01:13:18.880 --> 01:13:38.880]  That come of their own knowledge by way of the prosecuting attorney or any credible person. Colorado and most other states say the grand jury shall examine into all criminal accusations that come to their knowledge by whatever means.
[01:13:38.880 --> 01:13:52.880]  There should be something like that in Wisconsin and that's the one you'll use to discount any assertion by the prosecutor that a complaint has to go through him.
[01:13:52.880 --> 01:14:16.880]  Well, the closest I have is criminal 971-02, preliminary examination when prerequisite to an information or indictment per N1. If the defendant is charged with a felony in any complaint, including a complaint issued under 968-26, which is a John Doe,
[01:14:16.880 --> 01:14:30.880]  or when the defendant has been returned to this state for prosecution through indictment process, blah, blah, no information or indictment shall be filed unless the defendant has a preliminary examination, unless the defendant waives examination, blah, blah, blah.
[01:14:31.880 --> 01:14:35.880]  So the key there being in any complaint.
[01:14:36.880 --> 01:14:37.880]  Oh, no, no, no, you're missing something.
[01:14:38.880 --> 01:14:39.880]  Okay.
[01:14:39.880 --> 01:14:51.880]  That doesn't have anything to do with the presentment to the grand jury. That has to do with once an indictment is found by the grand jury.
[01:14:52.880 --> 01:15:01.880]  And we have that same requirement in Texas. The lawyers here have tried to dance around it.
[01:15:01.880 --> 01:15:08.880]  But that goes to the fact that any time a person's arrested for any reason, they have a right to an examining trial.
[01:15:09.880 --> 01:15:16.880]  When a grand jury indicts somebody and a warrant's issued, they still have a right to an examining trial.
[01:15:17.880 --> 01:15:27.880]  In Texas, the clerk is forbidden to make notations in the minutes of the court that someone's been indicted if they haven't been arrested.
[01:15:27.880 --> 01:15:36.880]  They can't put it in there until they've been arrested. So the indictment really doesn't happen until the person's been arrested.
[01:15:37.880 --> 01:15:45.880]  What the lawyer is saying here is the indictment, the hearing by the grand jury amounts to an examining trial. No, it don't.
[01:15:46.880 --> 01:15:53.880]  So when the person's arrested, what that's saying is they have to take him to a magistrate and have an examining trial.
[01:15:53.880 --> 01:16:02.880]  But that don't go to their duty, the duties of the grand jury. Keep looking for it. You'll find it in there somewhere.
[01:16:03.880 --> 01:16:09.880]  And that will tell you if the prosecuting attorney has discretion.
[01:16:09.880 --> 01:16:29.880]  He does in Pennsylvania, that's the only place I've seen where a prosecutor has first blushed discretion to determine whether or not there's sufficient evidence to give a reasonable person of ordinary prudence cause to believe that a crime has been committed and that this person has committed the crime.
[01:16:29.880 --> 01:16:43.880]  Now, what we do with them is when the prosecutor refuses to prosecute, we maintain that the prosecutor has been given discretion, not caprice.
[01:16:44.880 --> 01:16:53.880]  And I'll explain that when I come back, but we do need to move ahead. This is Randy Kelton Davis Stevens, Rule of Law Radio. I call in number 512-646-1984.
[01:16:53.880 --> 01:16:59.880]  Thank you for holding Ed. We will get to you in the next segment.
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[01:19:22.880 --> 01:19:51.880]  Ok, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Mark in Wisconsin.
[01:19:52.880 --> 01:20:14.880]  Yeah, to look closely at the statutes. If the lawyer, if the prosecutor has discretion, then he will have discretion to determine if there is sufficient evidence to warrant a prosecution.
[01:20:14.880 --> 01:20:26.880]  What he will not have is judicial comprice. He may not decide who he wants to prosecute and who he doesn't want to prosecute.
[01:20:26.880 --> 01:20:48.880]  So, if he doesn't act on your complaint, then you go to the court and petition the court for writ of mandamus, depending on how the law sets. In Pennsylvania, where the prosecutor has discretion, the filer of the complaint has standing.
[01:20:48.880 --> 01:20:59.880]  In most of the states that are Spanish law states, and most of them are, except for the colonies that are commonwealths. In Louisiana, it's its own world down there.
[01:21:00.880 --> 01:21:16.880]  But in Spanish law states, you have a duty to report crime. But when you report crime, you have no standing. Only the prosecutor has standing before it because the injured party is the state and not you.
[01:21:16.880 --> 01:21:29.880]  If you have an injury, that's a civil matter. In Pennsylvania, you have standing. So if the prosecutor elects not to prosecute, you can appeal his decision to the court of common pleas.
[01:21:29.880 --> 01:21:51.880]  And there, what I suggested people do, since the attorney general in Pennsylvania had prosecutorial powers, you appeal to the court of common pleas to hear the complaint, and you file criminal charges against the prosecutor with the attorney general.
[01:21:51.880 --> 01:22:05.880]  And when the attorney general refuses to act, you appeal him to the court of common pleas and file criminal charges against him with the court of common pleas for failing to prosecute the prosecutor.
[01:22:05.880 --> 01:22:25.880]  Now, the attorney general is not going to be a happy camper because now he's getting criminal charges filed against him. He's not worried about getting prosecuted, but he is worried about his next opponent in the next election waving these criminal complaints in front of the public saying,
[01:22:25.880 --> 01:22:41.880]  look what the public has to do to get this guy to do his job. And he's going to say, well, those were frivolous. The problem he has is in politics as in life, perception is everything.
[01:22:42.880 --> 01:22:48.880]  So the attorney general is going to get real unhappy and come back down and stomp all over the prosecuting attorney.
[01:22:48.880 --> 01:23:04.880]  This is how we win our cases with a little politics. Look at how the system works in Wisconsin. I am going to almost bet. Wisconsin is not a commonwealth. It's going to be a Spanish law state.
[01:23:04.880 --> 01:23:26.880]  And the grand jury is going to have the duty to investigate into all accusations that come to their knowledge. Every grand jury that I have seen can examine into any criminal accusation that they know about.
[01:23:27.880 --> 01:23:31.880]  Thus, by whatever means, you're going to have something similar there.
[01:23:31.880 --> 01:23:49.880]  Alright. Before I let you go, there is also 9-6803 dismissal or withdrawal of complaints. If a judge does not find probable cause to believe an offense has been committed or the accused has committed it, the judge shall endorse such a finding on the complaint and file the complaint with the clerk.
[01:23:49.880 --> 01:24:00.880]  Since anything I send to him… Oh, that is so good. We have that in Texas. 17.30. It's in the bail section.
[01:24:00.880 --> 01:24:21.880]  It says that chapter 16 all goes to examining trial. You probably have a big section on examining trial. In 16.17, the judge shall prepare an order stating whether he found probable cause or released the person at his liberty or bound him over to the jail, whatever he does.
[01:24:21.880 --> 01:24:40.880]  And then if he was arrested without a warrant, 16.20, he's to issue a warrant. 17.30, the next chapter, the judge shall seal all documents had in the hearing, cause his name to be written across the seal of the envelope and forward it to the clerk of the court of jurisdiction.
[01:24:40.880 --> 01:24:59.880]  When a judge refuses to take the complaint, I nail him with tampering with the government document. Because it doesn't matter if he finds probable cause or not, he's required to send it to the clerk and that's a felony in Texas.
[01:24:59.880 --> 01:25:09.880]  Does that sound like fun? And you've got it too. He's required to send it to the clerk. So he can't just refuse to hear it.
[01:25:09.880 --> 01:25:30.880]  When you go to the judge, understand that what the judge is likely to say is what the head criminal district judge in Travis County told me, Bob Perkins. I really like Bob Perkins. He said, well, Mr. Kelton, district judges in Travis County don't take criminal complaints.
[01:25:30.880 --> 01:25:42.880]  I said, oh, that's okay, your honor. I'm not here to invoke your duty as a district judge. I'm here to invoke your duty as a magistrate and that's a duty from which you may not shield yourself.
[01:25:43.880 --> 01:25:48.880]  Understand when you put that complaint in front of him, he stops being a judge.
[01:25:48.880 --> 01:26:02.880]  And he puts on his magistrate's hat. If he refuses to put on his magistrate's hat, somewhere in there you have misfeasance in office, it would most likely be official misconduct.
[01:26:02.880 --> 01:26:17.880]  Okay. Should I then, should I, in the other district, should I stick this complaint then in front of the new judge that I had who was the XDA?
[01:26:18.880 --> 01:26:27.880]  Yes. Oh, that'll be great fun. And you can very quietly and softly say to the judge, welcome to the deep end of the pool.
[01:26:27.880 --> 01:26:36.880]  I'd like to warn her, you know, look, you've got 96803 and it appears she wants to actually move forward in her political career.
[01:26:37.880 --> 01:26:48.880]  And I know darn well that if I can, with OpenSecrets.org, I can find all the neighbors who supported party X versus party Y.
[01:26:48.880 --> 01:26:59.880]  And I can make sure that all of the people who would be against that judge otherwise get a mailing that, you know, this is what this judge did.
[01:27:00.880 --> 01:27:07.880]  Protecting these people who did these things and create a real political firestorm for them.
[01:27:08.880 --> 01:27:12.880]  You will have, you have more power and influence than you realize.
[01:27:13.880 --> 01:27:16.880]  Okay. We really need to move along cause of building up.
[01:27:16.880 --> 01:27:28.880]  Well, you've got emails from me, you know, if anything we can commit so that we can come up with a good education publicly for myself and the rest of the listeners.
[01:27:29.880 --> 01:27:32.880]  Good. Thank you very much, Mark. And keep us up to date.
[01:27:33.880 --> 01:27:36.880]  Yep. If you ever hear from Mark in Wisconsin, let him know about me. Bye.
[01:27:36.880 --> 01:27:48.880]  Okay. Now we're going to go to Ed and Tejas. Oops, I missed Ed. What'd I do? My screen's jumping around. Okay. Ed in Texas.
[01:27:49.880 --> 01:27:57.880]  Okay. Ed, I mentioned the citizenship issue, but there's something I would like to talk about more.
[01:27:57.880 --> 01:28:07.880]  Is the case you have on the gun laws. Are you there, Ed?
[01:28:08.880 --> 01:28:15.880]  It seems like we've lost Ed for the moment. I'll go back to him a little bit later.
[01:28:16.880 --> 01:28:22.880]  Mitchell in Texas. Hello, Mitchell. What do you have for us tonight?
[01:28:22.880 --> 01:28:28.880]  Okay. Um, actually, I'm surprised you got to me so quick. So, uh, let me get,
[01:28:29.880 --> 01:28:34.880]  Okay. Wait, hang on just a second thing. Let me, uh, Ed, if, if you got back, just, just hang on a bit.
[01:28:35.880 --> 01:28:44.880]  Uh, I expect to spend a lot more time with you. So, uh, well, I'll handle a couple of calls so that they don't have to wait a real long time.
[01:28:45.880 --> 01:28:48.880]  Uh, then we'll come back to you. Okay. Go ahead, Mitchell.
[01:28:48.880 --> 01:29:01.880]  Okay. Thanks, Randy. So the basic question is if a person seems to me or any group of people to have done some criminal act,
[01:29:02.880 --> 01:29:15.880]  and this is here in Texas, um, but we're not confident that the prosecuting attorney in the county or a prosecuting attorney from the state
[01:29:15.880 --> 01:29:26.880]  will actually take up the case. Is there some way to sort of get around that and still have sort of the, the force of law
[01:29:27.880 --> 01:29:36.880]  here this in a court of law, maybe by having our own private attorney or is there some way around?
[01:29:37.880 --> 01:29:40.880]  Okay. No, attorney won't help you. Hang on. I will pick this up on the other side.
[01:29:40.880 --> 01:29:46.880]  Yeah, there is something you do and we kind of call it running the routine on them and it's to generate a little politics.
[01:29:47.880 --> 01:29:51.880]  We'll talk about that when we get back on the other side. This is Randy Kelton, Deborah Stevens.
[01:29:52.880 --> 01:29:58.880]  We will now radio our call in number 512-646-1984. We'll be right back.
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[01:31:12.880 --> 01:31:17.880]  So despite all those jokes about married life, men, you should be grateful for that proverbial ball and chain.
[01:31:17.880 --> 01:31:23.880]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:00.880 --> 01:33:27.880]  Looking for some truth? You found it! LogosRadioNetwork.com
[01:33:27.880 --> 01:33:36.880]  Okay, we are back. Randy Kelton, Debra Stevens, Root of Our Radio, and we're talking to Mitchell in Texas.
[01:33:37.880 --> 01:33:44.880]  Okay, Mitchell, is this person you want to file against a public official?
[01:33:45.880 --> 01:33:54.880]  That's one option, yes. In this particular case, there could be a variety of people, but one of them would be a public official.
[01:33:54.880 --> 01:34:06.880]  That'll work. That's all we need is one public official because, in Texas, special statute article 2.03, Texas Code of Criminal Procedure,
[01:34:07.880 --> 01:34:18.880]  2.01, under Duties of Officers, says it shall be the primary duty of the prosecuting attorney not to secure conviction, but to ensure that justice is served.
[01:34:18.880 --> 01:34:24.880]  He shall not seek witnesses or evidence that may show the innocence of the accused or mitigate the guilt of the accused.
[01:34:25.880 --> 01:34:34.880]  Well, that's nice high-minded rhetoric, but it really doesn't tell the prosecutor something that he must do. It tells him something not to do.
[01:34:34.880 --> 01:34:49.880]  202 tells the district and county attorneys what kind of cases they'll handle. 2.03, the very first one that places a specific duty on the prosecutor,
[01:34:50.880 --> 01:34:53.880]  says it shall be the primary duty of the prosecuting attorney. I'm sorry.
[01:34:53.880 --> 01:35:04.880]  When a prosecuting attorney is made known in any manner that a public official has violated a law relating to his office, he shall reduce complaint with information submitted to the grand jury.
[01:35:05.880 --> 01:35:08.880]  I'm paraphrasing there because there's a little more to it than that.
[01:35:09.880 --> 01:35:16.880]  But it literally takes away any discretion in the matter of a complaint against a public official.
[01:35:16.880 --> 01:35:33.880]  And it says when a prosecutor is made known that a public official has violated a law, felony or misdemeanor, so under statute he has no discretion.
[01:35:33.880 --> 01:35:50.880]  204, 205, that tells him how to handle complaints against non-public officials. So a special statute has to be exempted out of the normal statutes and give special consideration.
[01:35:50.880 --> 01:36:02.880]  So you file a complaint with the prosecutor and never quote the statute to him. Bushwhacks a whole lot more fun. He's learned counsel, he's supposed to know anyway.
[01:36:02.880 --> 01:36:19.880]  And when he refuses to act, then you go to any local magistrate with a criminal complaint against the prosecutor. Or, which I prefer, is you file a complaint with the attorney general.
[01:36:19.880 --> 01:36:39.880]  In 2007, the attorney general, who in Texas normally does not have prosecutorial powers, except for a complaint against a prosecutor under open records, that was the only time the attorney general had prosecutorial powers.
[01:36:39.880 --> 01:36:49.880]  In all other cases, the attorney general would only act at the request of the prosecutor attorney and to assist the prosecutor attorney.
[01:36:50.880 --> 01:37:04.880]  In 2007, the legislature passed a statute that gave the attorney general prosecutorial powers in conjunction with the local prosecutor in matters of complaints against public officials.
[01:37:04.880 --> 01:37:16.880]  So, you file a complaint against the prosecutor with the attorney general because it is a public official and he has concurrent jurisdiction.
[01:37:17.880 --> 01:37:29.880]  And the attorney general is going to refuse to act. You come back to the local jurisdiction and file criminal charges against the attorney general with the highest level district judge you can find.
[01:37:29.880 --> 01:37:37.880]  The attorney general is not going to be a happy camper. Does that make sense?
[01:37:38.880 --> 01:37:44.880]  Yes, there was a lot of info there, but I'm pretty sure I kept up with most of it.
[01:37:44.880 --> 01:38:03.880]  Okay, never ask a public official to do something you actually want him to do. Always ask him to do something you don't want him to do so you can kick his professional behind when he doesn't do it.
[01:38:03.880 --> 01:38:15.880]  Well, that's sort of a, I don't know, from my opinion, that's sort of taking on more than we initially want to get into.
[01:38:16.880 --> 01:38:27.880]  So, ideally, we'd be able to sort of secure the prosecution on the first attempt without having to do this sort of go around where we, as you say...
[01:38:27.880 --> 01:38:44.880]  Oh, yeah. Well, that was the idea. You give him a well-constructed complaint. And the reason I say never ask him to do what you really want him to do is don't go in there expecting the prosecutor to do what you want him to do.
[01:38:44.880 --> 01:38:59.880]  Because if you, all you're going to do is feel betrayed and defeated. If you go in there expecting him not to do what you want him to do, and he does what you want him to do, great, wonderful.
[01:38:59.880 --> 01:39:16.880]  Everything stops there. But don't put all your eggs in that basket. Do not hold your breath until a prosecuting attorney takes a complaint against a public official. I've never had one do it.
[01:39:16.880 --> 01:39:34.880]  Let me catch up with you. On the basic initial question of whether, or that you asked me, of whether this was a public official, that's sort of a sticky question because, like I said, there's sort of a variety of options.
[01:39:34.880 --> 01:40:02.880]  But in this case, all of the potential people would be working for a government entity. So I guess the simple question is, if the person that you call a public official is not actually someone who's elected or has a senior office or something like that, but is essentially just a worker for this government entity, does that count as a public official?
[01:40:02.880 --> 01:40:13.880]  Yes, if the infraction you complain about was perpetrated under color or pretense of their official capacity.
[01:40:14.880 --> 01:40:15.880]  Got it, okay.
[01:40:16.880 --> 01:40:19.880]  In that case, they would all be public officials.
[01:40:20.880 --> 01:40:24.880]  What was that term you used again, under pretext of what? Public capacity?
[01:40:25.880 --> 01:40:26.880]  Official capacity.
[01:40:27.880 --> 01:40:28.880]  Official capacity, okay, great.
[01:40:28.880 --> 01:40:35.880]  If they were doing this in the course of their job, then that's under their official capacity, then they would fall under.
[01:40:36.880 --> 01:40:43.880]  If they're driving home from work and get caught smoking a joint, then they wouldn't be a public official.
[01:40:43.880 --> 01:40:59.880]  If they were the elected head of an office, like someone working for the clerk, if they are driving home and get popped for smoking pot, that would not necessarily be required to go to the grand jury.
[01:41:00.880 --> 01:41:07.880]  But if it was the elected individual, that's designated a public official and he's always a public official.
[01:41:07.880 --> 01:41:16.880]  If someone's acting under the authority of the clerk, then they are a public official while they're under that authority.
[01:41:17.880 --> 01:41:19.880]  Does that make sense, the distinction?
[01:41:20.880 --> 01:41:24.880]  Yes. Yeah, actually that's crystal clear.
[01:41:24.880 --> 01:41:37.880]  So, again, getting back to the original question, because you sort of took me in an answer or you gave me an answer I sort of wasn't expecting, but it's a good answer and it's potentially one to be pursued,
[01:41:38.880 --> 01:41:47.880]  that of essentially obligating the county prosecutor to take this on because he's obligated to under law.
[01:41:47.880 --> 01:42:10.880]  But getting back to the original question, is there some way that just a regular resident of the state or just a person can bring a criminal charge against someone else and have the weight of the court or the order of the court hear the case?
[01:42:10.880 --> 01:42:18.880]  Without getting a county or a state attorney or prosecutor involved?
[01:42:19.880 --> 01:42:24.880]  Okay, no. There are no private prosecutions in Texas.
[01:42:25.880 --> 01:42:26.880]  Okay.
[01:42:27.880 --> 01:42:31.880]  Prosecutor has exclusive jurisdiction to prosecute in the name of the state of Texas.
[01:42:31.880 --> 01:42:43.880]  Now, you may be able to sue them for denial of services, of fair and honest services under 1346, 18 U.S. Code 1346.
[01:42:44.880 --> 01:42:46.880]  That would be a Fed suit.
[01:42:47.880 --> 01:42:48.880]  Okay.
[01:42:48.880 --> 01:43:02.880]  But there's a recent decision, the bridge decision out of the Supreme that says the only way you can go to that is if you can show bribery.
[01:43:02.880 --> 01:43:22.880]  They used to be able to claim it for anything, but they've kind of short-circuited that one. But if anything they did involved them sending anything to you by the mail, you can pop them all for mail fraud.
[01:43:23.880 --> 01:43:25.880]  Mail fraud in the Fed is kind of a catch-all.
[01:43:25.880 --> 01:43:35.880]  Okay. I appreciate the broader answer, but yeah, in this particular case there's been nothing like that yet.
[01:43:36.880 --> 01:43:41.880]  The short answer is no, you can't prosecute at all. The prosecutor has to do that.
[01:43:42.880 --> 01:43:47.880]  Okay. I think actually you covered the question and answer. Great, Randy.
[01:43:47.880 --> 01:43:58.880]  Okay. Thank you. When we come back on the other side, we'll go to Ed in Texas. This is Randy Kelton, Deborah Stevens, Rule of Law Radio. I called at number 512-646-1980.
[01:44:17.880 --> 01:44:26.880]  There's no way a place like that exists.
[01:44:27.880 --> 01:44:32.880]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street just south of UT.
[01:44:33.880 --> 01:44:36.880]  By UT, there's never anywhere to park down there.
[01:44:37.880 --> 01:44:43.880]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:43.880 --> 01:44:47.880]  It does exist, but when are they open?
[01:44:48.880 --> 01:44:52.880]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[01:44:53.880 --> 01:44:59.880]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
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[01:46:22.880 --> 01:46:39.880]  As we sow, so shall we reap.
[01:46:40.880 --> 01:46:46.880]  So many crucial words get put on, oh, while we see.
[01:46:46.880 --> 01:46:51.880]  Try as we will, first most steps.
[01:46:52.880 --> 01:47:04.880]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio and I got a Skype from one of my listeners with a definition with the Pina Code 107 which defines public servant.
[01:47:05.880 --> 01:47:14.880]  Now, this is new. This must have been changed. I need to look at it because Ken Magnussen, he's my go to civil guy.
[01:47:14.880 --> 01:47:24.880]  We've had some pretty serious debates about what amounts to a public official for the purposes of the chapter 39 of the penal code.
[01:47:24.880 --> 01:47:44.880]  And reading this one, it's very clear who public officials are. The older one, it wasn't exactly clear, but the way it read, it appeared that only the elected official was a public official.
[01:47:44.880 --> 01:47:53.880]  But the way this reads, anybody who collects a government check, they work for the government in any capacity, they're considered a public official.
[01:47:53.880 --> 01:48:16.880]  But I suspect I would have to research this out. I would suspect that the only ones that will be held under Article 2.03 will be those who are elected officials and are therefore in the public eye and not every employee of a public official.
[01:48:16.880 --> 01:48:27.880]  Because it would be really rough on an employee if every time they get accused of violating any crime, they go before a grand jury.
[01:48:27.880 --> 01:48:46.880]  But the way this reads, an officer, an employee or agent of government, a grand juror, a grand jury, an arbitrator, referee, an attorney at law or a notary public, a candidate for office,
[01:48:46.880 --> 01:48:57.880]  a person who is performing a governmental function under a claim of right, although he is not legally qualified to do so, everybody appears to be covered.
[01:48:57.880 --> 01:49:18.880]  Okay, with that said, I stand corrected. We're going to go to Ed in Texas. Ed, are you there? Maybe I've put Ed to sleep. Okay, I guess we've lost Ed.
[01:49:18.880 --> 01:49:27.880]  Okay, we're going to go to Larry in Missouri. Hello, Larry. What do you have for us today?
[01:49:28.880 --> 01:49:33.880]  Hey, how are you? Good evening. Is Eddy on? I'm sorry, I just called in kind of late. I had a question for Eddy.
[01:49:34.880 --> 01:49:41.880]  Wrong show. Question for Eddy needs to be Monday nights. He's not here on Fridays.
[01:49:42.880 --> 01:49:45.880]  Okay, I'll call back then. I apologize. Thank you very much.
[01:49:45.880 --> 01:50:03.880]  Alrighty. Boy, I feel like I just got a pencil stuck in my eye. Oh, well. Okay, our phone lines are open. I'm going to try Eddy again. Ed in Texas. Ed, did we lose you altogether?
[01:50:04.880 --> 01:50:12.880]  No, I was on the other line. Just the moment you were going to bring me up, somebody called and I had to get on the other line. Sorry about that.
[01:50:12.880 --> 01:50:25.880]  Okay. I would like to talk about the gun case that you mentioned earlier.
[01:50:26.880 --> 01:50:31.880]  Yes. Let me help those guys first. Give them a little help on the grand jury.
[01:50:31.880 --> 01:50:50.880]  Okay. As you know, the grand jury fits in terms and so that indicates there is a court that dismisses the grand jury and it's usually the same court that dismisses them every time.
[01:50:50.880 --> 01:51:06.880]  And if a person were to find out what court it was they're dismissed from or by and find out when they're going to be dismissed, what they do to bypass the DA's office is very simple.
[01:51:07.880 --> 01:51:16.880]  They go down there with their complaint and they plop their butt right down in one of the pews in that court while he's about to dismiss the jury.
[01:51:16.880 --> 01:51:24.880]  And what they do is usually the judge will say, do you have business before the court today? The judge will ask you.
[01:51:25.880 --> 01:51:35.880]  And you'll say, yes I do, judge. As a matter of fact, I have a complaint that I want to bring to the grand jury and I want to hand this right to the grand jury foreman.
[01:51:36.880 --> 01:51:41.880]  And you just walk over there and hand it to them. And now they've got it and you've bypassed the DA's office.
[01:51:41.880 --> 01:51:53.880]  Okay, I can tell you from experience what's likely to happen is the judge is going to direct the bailiff to throw your behind out of the courtroom.
[01:51:53.880 --> 01:52:11.880]  The way I tend to do that is I have this routine. The best time to catch the grand jury is after they've met, after they've deliberated.
[01:52:11.880 --> 01:52:25.880]  It's actually 21-22 I believe. It's either 20 or 21-22. It's the last one I believe in. I think it's 20-22. The 20 is the section that defines the duties of the grand jury.
[01:52:25.880 --> 01:52:47.880]  It says that after the grand jury is met, then the court will convene a hearing and the foreman with a quorum of the grand jury present shall read the indictment to the court and the clerk shall make notations in the record of the court.
[01:52:47.880 --> 01:52:59.880]  Now, not all of them do that. If they actually do that, then like I went in Johnson County and they did that.
[01:53:00.880 --> 01:53:15.880]  And the foreman read all of the true bills and no bills onto the record and when they were finished, the judge said to the foreman, does the grand jury have any further business?
[01:53:15.880 --> 01:53:22.880]  And the foreman said, no, your honor, we do not. And I stood up in the courtroom and said, yes, you do.
[01:53:23.880 --> 01:53:33.880]  You see that this is not the judge's business. This business is between you and the grand jury.
[01:53:33.880 --> 01:53:46.880]  The judge said, well, who are you? I said, I'm Randall Kelton. And what business do you have with this grand jury? At that point, I could have told him I have business with this grand jury and it's none of yours.
[01:53:47.880 --> 01:53:57.880]  But I had plans for him. I said, the prosecutor and the assistant prosecutor are sitting there and they're kind of ducking their heads. They know what I'm doing there.
[01:53:57.880 --> 01:54:05.880]  I said, well, your honor, I have some criminal complaints against some public officials. And what officials are those?
[01:54:05.880 --> 01:54:26.880]  Well, this district attorney sitting here and this assistant district attorney and I pointed up at him and you judge, the look on the judge's face when I bushwhacked him right in front of his own grand jury was absolutely priceless.
[01:54:26.880 --> 01:54:37.880]  And that was one of those moments where you could have heard a pin drop. And the judge just froze, didn't say anything.
[01:54:38.880 --> 01:54:49.880]  I waited a second and said, your honor, I have business with this grand jury. And he just sat there. I know what he's thinking. What do I do? What do I do?
[01:54:49.880 --> 01:54:56.880]  I can't throw him out. That's tampered with a witness. So I just turned to the foreman and talked to the foreman.
[01:54:57.880 --> 01:55:14.880]  Generally, the best way to get to the grand jury is to find out when they're meeting and go up to the bailiff who will be standing in front of the grand jury room and tell the bailiff your name first.
[01:55:14.880 --> 01:55:22.880]  You don't want him asking you any questions. I say, my name is Randall Kelton and I have business with the grand jury.
[01:55:23.880 --> 01:55:28.880]  And the business will, the foreman will always say the same thing. May I tell him the nature of the business?
[01:55:29.880 --> 01:55:36.880]  Yes, you may give him these. And I give him a set of sealed folders, one for each jury member.
[01:55:36.880 --> 01:55:45.880]  I did that in Johnson County and the bailiff, the one bailiff really had an attitude and I had nailed him a time or two.
[01:55:46.880 --> 01:55:54.880]  He is not happy. And he's looking back and forth and I said, ah, I know what you're thinking.
[01:55:55.880 --> 01:56:04.880]  You're thinking I should talk to the district attorney about this. Bad idea, Bubba.
[01:56:04.880 --> 01:56:11.880]  These complaints are against the grand jury. I'm sorry. These complaints are against the prosecuting attorney.
[01:56:12.880 --> 01:56:25.880]  If you consult with the prosecuting attorney concerning what to do with complaints against the prosecuting attorney, I'll consider that as an act of official misconduct and I'll be presenting you to the grand jury.
[01:56:25.880 --> 01:56:39.880]  And he said, are you threatening me? No, sir. I promise you, if you call that district attorney, I will be back with criminal charges against you.
[01:56:40.880 --> 01:56:47.880]  Well, we'll just see what the foreman has to say about this. Smart move.
[01:56:47.880 --> 01:57:00.880]  That's the way I've gotten to grand juries. In that case, I actually presented the district attorney to the grand jury. They called me in to present.
[01:57:01.880 --> 01:57:11.880]  I used a similar technique in Austin and got all the highest judges in Texas, the Court of Criminal Appeals, presented to a grand jury. Almost got those guys.
[01:57:11.880 --> 01:57:22.880]  I've heard a guy talk about that, about taking it in to the courtroom when they're about to be adjourned and handing it to them. And he was successful because the judge didn't-
[01:57:23.880 --> 01:57:32.880]  Okay, he was right. He's saying the right thing. You're just using the wrong term. Not adjourned. They're just dismissed for the day.
[01:57:32.880 --> 01:57:43.880]  This is when they come in to present. But not all counties do that. Travis County doesn't. And that's an issue I haven't taken on yet.
[01:57:44.880 --> 01:57:55.880]  The county I live in, the foreman and the prosecutor takes it to the clerk. Holy mackerel. You don't know if it actually went before the grand jury or not.
[01:57:56.880 --> 01:57:59.880]  And that's why the statute requires a quorum to be present.
[01:57:59.880 --> 01:58:02.880]  Yeah, you've got to hand it to the first one.
[01:58:03.880 --> 01:58:15.880]  If they don't, we just do the routine. That's why I said to Mitchell on the previous call, you don't ever want them to do what you ask them to do.
[01:58:15.880 --> 01:58:31.880]  I take complaints to the prosecuting attorney. And if you go to Tarrant County, my picture used to hang up in the grand jury room with a note that said if you see this man, call security because I nailed him pretty good down there.
[01:58:31.880 --> 01:58:48.880]  But you go in, you file a complaint with the prosecutor. If you go down to the prosecutor's office with a complaint, they're going to send out a couple of investigators with pistols. So what I suggest you do...
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