[00:00.000 --> 00:06.000]  The following news flash is brought to you by the Lone Star Lowdown, providing your deli
[00:06.000 --> 00:08.000]  bulletins for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:27.000]  Markets for the 9th of October, 2015, opened up with gold at $1,155.56 an ounce.
[00:27.000 --> 00:32.000]  Silver, $15.84 an ounce. Texas crude, $49.43 a barrel.
[00:32.000 --> 00:43.000]  And Bitcoin is currently sitting in about 244 U.S. currency.
[00:43.000 --> 00:48.000]  Today in history, Tuesday, October 9th, 1635, religious dissident Roger Williams
[00:48.000 --> 00:53.000]  is banished from the Massachusetts Bay Colony by the General Court of Massachusetts.
[00:53.000 --> 00:57.000]  Williams had been speaking out against the right of civil authorities to punish religious
[00:57.000 --> 00:59.000]  dissension and to confiscate Indian land.
[00:59.000 --> 01:03.000]  He went on to found the settlement, known as Providence, located in present-day Rhode
[01:03.000 --> 01:07.000]  Island, in which he declared it open to all those seeking freedom of conscience and the
[01:07.000 --> 01:10.000]  removal of the church from civil matters.
[01:10.000 --> 01:14.000]  Roger Williams also founded the First Baptist Church in America there and edited the first
[01:14.000 --> 01:16.000]  dictionary of Native American languages.
[01:16.000 --> 01:20.000]  The liberal concepts of religious freedom and liberty of conscience stem from articulations
[01:20.000 --> 01:26.000]  of this religious renegade.
[01:26.000 --> 01:30.000]  In recent years, a shooting where one person was injured and another killed occurred
[01:30.000 --> 01:34.000]  around 1130 A.M. Central Standard Time yesterday near Texas Southern University's
[01:34.000 --> 01:36.000]  Student Housing Complex.
[01:36.000 --> 01:39.000]  The campus was placed on lockdown and classes have been canceled for the day.
[01:39.000 --> 01:42.000]  A possible suspect has been detained.
[01:42.000 --> 01:44.000]  It is the second shooting at TSU this week.
[01:44.000 --> 01:48.000]  Earlier on Tuesday, a man was shot in the abdomen on a roadway that leads through the
[01:48.000 --> 01:49.000]  university.
[01:49.000 --> 01:52.000]  He was hospitalized in serious but stable condition.
[01:52.000 --> 01:59.000]  Texas Southern University has about 10,000 students.
[01:59.000 --> 02:02.000]  Chinese hackers who allegedly read through Obama's administration's emails, stole
[02:02.000 --> 02:06.000]  millions of federal employees' records, hacked U.S. health care records, and attacked
[02:06.000 --> 02:10.000]  anti-centership projects were reportedly arrested by Chinese authorities.
[02:10.000 --> 02:14.000]  The Washington Post reported that these arrests were made prior to the agreement on cyber
[02:14.000 --> 02:18.000]  espionage China and the U.S. announced during President Xi Jinping's state visit.
[02:18.000 --> 02:22.000]  The arrests did take place weeks before the Chinese president's visit to Washington
[02:22.000 --> 02:23.000]  last month.
[02:23.000 --> 02:27.000]  The hackers had been identified by U.S. officials as having stolen commercial secrets
[02:27.000 --> 02:30.000]  from U.S. firms to be sold to Chinese state-run industries.
[02:30.000 --> 02:34.000]  However, with the lack of any official statement from both U.S. and Chinese officials
[02:34.000 --> 02:38.000]  without independent verification, many are saying that these arrests were merely for
[02:38.000 --> 02:39.000]  show and gesture.
[02:39.000 --> 02:43.000]  There is a chance that these arrests had little to nothing to do with the Chinese-U.S.
[02:43.000 --> 02:44.000]  hacking wars.
[02:44.000 --> 02:48.000]  The Lone Star Lowdown is currently looking for sponsors, so if you have a product or
[02:48.000 --> 02:55.000]  a service you'd like to advertise with us, feel free to give us a call at 210-363-2257.
[02:55.000 --> 03:15.000]  This has been your Lowdown for October 9, 2015.
[03:15.000 --> 03:40.000]  Thank you very much.
[03:45.000 --> 04:13.000]  Thank you.
[04:13.000 --> 04:31.000]  Okay, we are back, Randy Kelton, Google our radio.
[04:31.000 --> 04:35.000]  And Spencer, we're having an issue.
[04:35.000 --> 04:38.000]  You have problems in court.
[04:38.000 --> 04:46.000]  When you try to address these issues in court, you're going to be interrupted constantly.
[04:46.000 --> 04:49.000]  That's what the prosecutor is best at.
[04:49.000 --> 04:50.000]  I object, Your Honor.
[04:50.000 --> 04:51.000]  I object, Your Honor.
[04:51.000 --> 04:54.000]  Everything you say, he's going to object.
[04:54.000 --> 05:01.000]  If you've listened to the show a while, you've heard what we talk about the trial court is
[05:01.000 --> 05:03.000]  for.
[05:03.000 --> 05:07.000]  What's the trial court for?
[05:07.000 --> 05:08.000]  Hold on.
[05:08.000 --> 05:09.000]  Hold on.
[05:09.000 --> 05:10.000]  Now you're not muted anymore.
[05:10.000 --> 05:11.000]  You there, Spencer?
[05:11.000 --> 05:12.000]  Yeah.
[05:12.000 --> 05:19.000]  Hey, while you're thinking about that, can I introduce this, please?
[05:19.000 --> 05:24.000]  The procedure itself is invalid because the office is not certified.
[05:24.000 --> 05:25.000]  I think that's brilliant.
[05:25.000 --> 05:28.000]  That's pretty much what I'm going to defend myself with.
[05:28.000 --> 05:30.000]  The procedure itself is invalid.
[05:30.000 --> 05:31.000]  Okay.
[05:31.000 --> 05:32.000]  Hold on.
[05:32.000 --> 05:33.000]  Hold on.
[05:33.000 --> 05:34.000]  There's more to it.
[05:34.000 --> 05:38.000]  There's more to it.
[05:38.000 --> 05:42.000]  This part's fun because it's not what they're used to.
[05:42.000 --> 05:48.000]  They're used to people getting in there and doing exactly what you want to do.
[05:48.000 --> 05:53.000]  It's tell your story and demonstrate why you're not guilty.
[05:53.000 --> 05:56.000]  They get this all the time.
[05:56.000 --> 05:57.000]  They don't care.
[05:57.000 --> 06:02.000]  It's true, the codes, the descriptions in the codes.
[06:02.000 --> 06:05.000]  Okay.
[06:05.000 --> 06:08.000]  I was going to a place.
[06:08.000 --> 06:16.000]  The transportation code is clearly a commercial code.
[06:16.000 --> 06:19.000]  We were talking about regulations earlier.
[06:19.000 --> 06:23.000]  These are regulations.
[06:23.000 --> 06:30.000]  You do not fall under the regulatory scheme unless you volunteer to fall under the regulatory
[06:30.000 --> 06:39.000]  scheme, and what did you do to fall under the regulatory scheme?
[06:39.000 --> 06:40.000]  Okay.
[06:40.000 --> 06:49.000]  What they're going to say is, well, you went and got a license, and you will say, yes,
[06:49.000 --> 06:59.000]  I did, but there's no evidence in the record that I was using that license.
[06:59.000 --> 07:09.000]  So what evidence is there in the record that would demonstrate that you fall under the
[07:09.000 --> 07:11.000]  regulatory scheme?
[07:11.000 --> 07:17.000]  When we did this challenge subject matter jurisdiction...
[07:17.000 --> 07:22.000]  You're saying that all transportation codes are directed towards commercial vehicles only.
[07:22.000 --> 07:23.000]  Yeah.
[07:23.000 --> 07:24.000]  You don't have to say that.
[07:24.000 --> 07:26.000]  That's in the code.
[07:26.000 --> 07:35.000]  What you would say is, Your Honor, I look at this citation, and there is no evidence
[07:35.000 --> 07:40.000]  to indicate that I fall under the regulatory scheme.
[07:40.000 --> 07:48.000]  In order for the citation to be sufficient, it would first have to state that I observed
[07:48.000 --> 08:01.000]  the defendant operating a motorized vehicle, transporting persons for hire, or hauling
[08:01.000 --> 08:04.000]  goods or services for hire.
[08:04.000 --> 08:08.000]  You first have to establish that you were in commerce.
[08:08.000 --> 08:17.000]  And so the first question you have is, what probable cause did the officer have to believe
[08:17.000 --> 08:23.000]  that I was operating in commerce so as to place me within the regulatory scheme?
[08:23.000 --> 08:30.000]  If you get that far, they're going to deny all of that, and you don't care.
[08:30.000 --> 08:33.000]  Because your only purpose in the trial court?
[08:33.000 --> 08:36.000]  Set the record for appeal.
[08:36.000 --> 08:39.000]  If you don't set the record, you can't bring it up on appeal.
[08:39.000 --> 08:45.000]  And if you start setting the record for appeal, they'll recognize it.
[08:45.000 --> 08:47.000]  Start at the beginning.
[08:47.000 --> 08:50.000]  This judge will allow this to go to appeal?
[08:50.000 --> 08:52.000]  Oh, yeah.
[08:52.000 --> 08:54.000]  He don't care.
[08:54.000 --> 08:56.000]  The judge is going to rule against you.
[08:56.000 --> 09:00.000]  They got it set up so the cards are stacked against you.
[09:00.000 --> 09:06.000]  In order for you to appeal, you have to post twice the amount of the fine.
[09:06.000 --> 09:10.000]  So they make it a real steep curve.
[09:10.000 --> 09:15.000]  But you really can't win in the county court.
[09:15.000 --> 09:17.000]  What do you mean I can't win?
[09:17.000 --> 09:18.000]  No, no.
[09:18.000 --> 09:21.000]  I said you can win in the county court.
[09:21.000 --> 09:26.000]  You're not going to win in the trial court.
[09:26.000 --> 09:29.000]  On rare occasions, they will.
[09:29.000 --> 09:34.000]  A 90-year-old woman, they'll let off sometimes just because they want to feel better.
[09:34.000 --> 09:37.000]  But we had Mike Handel.
[09:37.000 --> 09:38.000]  Hey, Randy.
[09:38.000 --> 09:39.000]  Hold on, Randy.
[09:39.000 --> 09:42.000]  Listen, I've been to court a few times on traffic tickets.
[09:42.000 --> 09:44.000]  I'm actually from New Mexico.
[09:44.000 --> 09:47.000]  And I'll admit to you, I got out of every single one of these things.
[09:47.000 --> 09:51.000]  I actually have no citations in my whole history of driving.
[09:51.000 --> 09:52.000]  None.
[09:52.000 --> 09:53.000]  And no accidents.
[09:53.000 --> 09:56.000]  I've gone to court several times and never paid a nickel.
[09:56.000 --> 10:00.000]  It seems to have worked, actually.
[10:00.000 --> 10:01.000]  Okay.
[10:01.000 --> 10:03.000]  Good luck.
[10:03.000 --> 10:06.000]  What are you saying I should do then since you say I can't win?
[10:06.000 --> 10:09.000]  I thought the non-certification was a good one.
[10:09.000 --> 10:15.000]  The way to fight in any case is you start at the beginning.
[10:15.000 --> 10:17.000]  You're starting in the middle.
[10:17.000 --> 10:18.000]  Yeah.
[10:18.000 --> 10:20.000]  And you try to win on the merits.
[10:20.000 --> 10:22.000]  Certainly, you can try to win on the merits.
[10:22.000 --> 10:26.000]  But first, you need to set the record.
[10:26.000 --> 10:29.000]  Did they establish authority?
[10:29.000 --> 10:43.000]  You want to send to the court an information request requesting the certification of this officer to the certification under 644...
[10:43.000 --> 10:46.000]  What is it?
[10:46.000 --> 10:47.000]  I'll find it in a second.
[10:47.000 --> 10:49.000]  644 something.
[10:49.000 --> 10:51.000]  101 enforcement inspection code.
[10:51.000 --> 10:53.000]  Yes.
[10:53.000 --> 10:56.000]  You want to see his certification under that code.
[10:56.000 --> 10:59.000]  I filed that in the city of Asel.
[10:59.000 --> 11:03.000]  And I gave her an information request.
[11:03.000 --> 11:11.000]  And clerk takes it, goes back and reads it and comes back out and said, Mr. Calhoun, I read your request, but I'm not sure what you're asking.
[11:11.000 --> 11:14.000]  Can you be more clear?
[11:14.000 --> 11:16.000]  I said, yes, ma'am, I certainly can.
[11:16.000 --> 11:23.000]  I want to see exactly what I asked for in that request.
[11:23.000 --> 11:34.000]  And she stood there and looked at me and I know she was thinking, could I get away with it if I asked this baby to shoot that smart mouth?
[11:34.000 --> 11:47.000]  Well, I put in that request and I put in a request for a list of all officers authorized to enforce the transportation code in the city of Asel.
[11:47.000 --> 11:55.000]  I said, get to court and I talked to the prosecutor and he's trying to explain to me how things are going to go.
[11:55.000 --> 11:57.000]  And I said, I don't worry about it.
[11:57.000 --> 11:59.000]  We have a jury here today.
[11:59.000 --> 12:01.000]  I said, oh, no, you might as well send him home.
[12:01.000 --> 12:02.000]  You'll never get to that jury.
[12:02.000 --> 12:03.000]  He said, oh, we won't.
[12:03.000 --> 12:05.000]  No, no, no, you won't.
[12:05.000 --> 12:11.000]  I have a challenge in such a matter of jurisdiction before the court and I have a bunch of information requests here as well.
[12:11.000 --> 12:13.000]  I want to give those to you.
[12:13.000 --> 12:17.000]  The city didn't respond to them within the statutory 15-day time limit.
[12:17.000 --> 12:23.000]  I want you to take criminal complaints from me against the city attorney and the city clerk.
[12:23.000 --> 12:25.000]  He said, well, I'm not going to take any criminal complaints.
[12:25.000 --> 12:28.000]  I said, well, I didn't expect you to, but I had to ask.
[12:28.000 --> 12:31.000]  You had to refuse.
[12:31.000 --> 12:41.000]  Now, when we get before the judge, I'm just going to move that you be disqualified because I'm going to be filing criminally against you for misfeasance in office.
[12:41.000 --> 12:44.000]  And I got the challenge in subject matter jurisdiction.
[12:44.000 --> 12:47.000]  We'll never get to a trial today.
[12:47.000 --> 12:50.000]  This is because they did not provide you the information, correct?
[12:50.000 --> 12:51.000]  Right.
[12:51.000 --> 12:59.000]  So they call my name and the judge said, is the prosecution ready?
[12:59.000 --> 13:04.000]  And the prosecutor said, no, Your Honor, the prosecution is not ready.
[13:04.000 --> 13:05.000]  Case dismissed.
[13:05.000 --> 13:06.000]  And I jumped up.
[13:06.000 --> 13:07.000]  I object.
[13:07.000 --> 13:08.000]  I object.
[13:08.000 --> 13:11.000]  Mr. Kelton, you can't object.
[13:11.000 --> 13:12.000]  I dismissed your case.
[13:12.000 --> 13:16.000]  Yeah, I know, Judge, but we were just about to get to the fun part.
[13:16.000 --> 13:20.000]  Get out of my court.
[13:20.000 --> 13:31.000]  They knew I was setting them up for the appeal that I fully understand that if I try to fight this ticket in front of you guys, that you're going to rule against me out of hand.
[13:31.000 --> 13:33.000]  I don't care.
[13:33.000 --> 13:38.000]  I'm just setting record for appeal. That's all I'm here for.
[13:38.000 --> 13:43.000]  So they didn't want to have to deal with that.
[13:43.000 --> 13:48.000]  Anyway, if you've won this many tickets, you know something I don't.
[13:48.000 --> 13:56.000]  Have you had any here in Austin before?
[13:56.000 --> 13:59.000]  Have I? Can you repeat that? Have I won?
[13:59.000 --> 14:03.000]  Have you had any tickets in Austin before?
[14:03.000 --> 14:08.000]  No. No, I've actually only been here a very short period of time.
[14:08.000 --> 14:16.000]  Okay, I think you may be disappointed when you encounter the courts in Texas.
[14:16.000 --> 14:26.000]  Do you know what the average conviction rate for all crimes across the board in the state of Texas is?
[14:26.000 --> 14:30.000]  That's from traffic all the way up to capital.
[14:30.000 --> 14:41.000]  If I'm introducing certification in writing for the officers or in writing requesting the certification of the officer and they can't provide it, well that's it.
[14:41.000 --> 14:43.000]  It's already over. I've won.
[14:43.000 --> 14:47.000]  It should be. It should be over, but it won't be.
[14:47.000 --> 14:48.000]  But it won't be.
[14:48.000 --> 14:56.000]  You'll see, you'll find out they don't care. If you're going to forward a JP, that may be different.
[14:56.000 --> 14:59.000]  I'm not sure. It depends on the JP.
[14:59.000 --> 15:07.000]  Because the JP really doesn't have the kind of monetary interest that a municipal judge does.
[15:07.000 --> 15:17.000]  Yeah, well listen, the reason why I'm asking you about right of inquiry is because I already have experience on many occasions that they will not provide the information that I request.
[15:17.000 --> 15:21.000]  Well, okay, right of inquiry.
[15:21.000 --> 15:24.000]  In other words, I have a right to evidence.
[15:24.000 --> 15:34.000]  Wait a minute. What the code says in Texas is that in a class C misdemeanor, you don't have a right to discovery.
[15:34.000 --> 15:36.000]  That's in code.
[15:36.000 --> 15:39.000]  That may not be right. We may not agree with it.
[15:39.000 --> 15:49.000]  However, look up rules of civil procedure 202. You do have a right to pre-ligation discovery.
[15:49.000 --> 16:02.000]  And you have reason to believe that public officials in the state of Texas exerted or purported to exert an authority they did not expressly have.
[16:02.000 --> 16:09.000]  And in the process, denied you the full and free access to or enjoyment of a right.
[16:09.000 --> 16:15.000]  And by so doing, denied you in your right to due process. That's a tort.
[16:15.000 --> 16:23.000]  A tort that you can even sue the city for because this tort involves false imprisonment.
[16:23.000 --> 16:27.000]  You were arrested.
[16:27.000 --> 16:30.000]  That's what 543-003 says.
[16:30.000 --> 16:32.000]  You had to have been arrested.
[16:32.000 --> 16:40.000]  Otherwise, the officer would not be authorized to have you sign tickets.
[16:40.000 --> 16:43.000]  You were arrested.
[16:43.000 --> 16:46.000]  Hang on. We'll be right back.
[16:46.000 --> 16:50.000]  And we'll talk about a nice hefty civil suit.
[16:50.000 --> 16:55.000]  Randy Kelton, Radio. I call it number 512-646-1984.
[16:55.000 --> 17:00.000]  We'll be right back.
[17:25.000 --> 17:30.000]  We'll be right back.
[17:55.000 --> 18:01.000]  That's non-GMOsolutions.com with promo code LOGOS.
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[19:02.000 --> 19:11.000]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:11.000 --> 19:15.000]  Well, don't let nothing get to you.
[19:15.000 --> 19:17.000]  Only the Father can deliver you.
[19:17.000 --> 19:23.000]  Don't let bad-minded people hurt you until states can get behind you.
[19:23.000 --> 19:28.000]  You know what I mean, my friend, Nala Jackson.
[19:28.000 --> 19:52.000]  Come on now, trust in God, my friend, tell Him your problem then, call on His name once again, He will tell you know He works the end.
[19:52.000 --> 19:58.000]  He is my King, man, He is everything. He is everything to me, that's why I call Him.
[19:58.000 --> 20:04.000]  I touch my knee and I pray to Him, because He is the only one who could answer me.
[20:04.000 --> 20:07.000]  There is no business with what my Kingman is saying.
[20:07.000 --> 20:11.000]  Mankind is leading me, telling me to trust in God.
[20:11.000 --> 20:29.000]  Okay, we are back, Randy Kelton, LogosRadio, and the fact that you're in a Justice of the Peace court instead of a municipal court changes the perspective quite a bit,
[20:29.000 --> 20:36.000]  because the Justice of the Peace traffic is not his primary job.
[20:36.000 --> 20:48.000]  A municipal court, that's all they do, and they're just there to make money, they're appointed by the city, and if they don't make money for the city, they're going to appoint somebody who will.
[20:48.000 --> 20:52.000]  So you can't expect them to be fair and honest, they don't care.
[20:52.000 --> 20:57.000]  JP is elected, that's a whole other animal.
[20:57.000 --> 21:04.000]  So you might be able to beat this one on the merits, but I wouldn't hold my breath.
[21:04.000 --> 21:07.000]  You also may be able to beat it.
[21:07.000 --> 21:14.000]  If the certification request can't be proven, why wouldn't that just hold up the process?
[21:14.000 --> 21:17.000]  Yeah, that's grounds.
[21:17.000 --> 21:24.000]  That's a reasonable, probable cause to believe that He does not have the proper certification.
[21:24.000 --> 21:34.000]  Well, just to add to that a little bit, Randy, it's reasonable provocation to believe that He knows not that of which He speaks.
[21:34.000 --> 21:38.000]  Exactly.
[21:38.000 --> 21:50.000]  You know, the judge, you'll notice that he did not establish that I fall within the jurisdiction of the code.
[21:50.000 --> 22:02.000]  There's no evidence on the citation to indicate that I was operating in commerce in such a manner that I was using this license that I have.
[22:02.000 --> 22:12.000]  I was in Austin, got pulled over, and he asked for license and proof of insurance, and I gave him my ID and proof of insurance.
[22:12.000 --> 22:23.000]  Texas ID looks exactly like a driver's license, except instead of TX, instead of DL, it has ID and then a number.
[22:23.000 --> 22:34.000]  He came back and said, well, Mr. Kelton, this is a Texas ID, and I got this from a good friend in San Antonio, so I didn't come up with this myself.
[22:34.000 --> 22:36.000]  He said, Mr. Kelton, this is a Texas ID.
[22:36.000 --> 22:38.000]  I said, yes, it is.
[22:38.000 --> 22:41.000]  He said, do you have a Texas driver's license?
[22:41.000 --> 22:47.000]  I said, yes, I do, but I'm not using it right now.
[22:47.000 --> 22:53.000]  He stepped back and looked down at me, and he said, Mr. Kelton, are you one of those guys?
[22:53.000 --> 22:55.000]  And I said, yes, I am.
[22:55.000 --> 22:58.000]  Here, have a nice day.
[22:58.000 --> 23:03.000]  He had been, ran into one of Eddie Craig's students.
[23:03.000 --> 23:09.000]  He'd been there, done that, and did not want to go back.
[23:09.000 --> 23:14.000]  But point is, you had a driver's license.
[23:14.000 --> 23:29.000]  You are authorized to operate a commercial vehicle, but you weren't using that driver's license at this point, or whether or not you were.
[23:29.000 --> 23:37.000]  The citation failed to address those elements of the crime.
[23:37.000 --> 23:41.000]  Therefore, you have a right to dismiss it.
[23:41.000 --> 23:46.000]  Does that make sense, Spencer?
[23:46.000 --> 23:49.000]  Well, it's a strange thing you're telling me here.
[23:49.000 --> 23:54.000]  To get a commercial license, you have to go through a whole different process, and it's called a commercial license.
[23:54.000 --> 23:57.000]  No, no, no, no.
[23:57.000 --> 24:02.000]  That one you got in your pocket, that's a Class C commercial license.
[24:02.000 --> 24:06.000]  That's a chauffeur's license.
[24:06.000 --> 24:09.000]  Well, that is very interesting.
[24:09.000 --> 24:13.000]  All licenses are licenses.
[24:13.000 --> 24:26.000]  They license and authorize you to exercise a privilege based on your agreement to a regulatory scheme.
[24:26.000 --> 24:27.000]  Yes.
[24:27.000 --> 24:32.000]  Now, I've got a vehicle out here, and it has DOT, and I have a DOT number.
[24:32.000 --> 24:36.000]  I'm registered with the Department of Transportation.
[24:36.000 --> 24:42.000]  And every time I get stopped, I tell the officer, make sure you look up my DOT number.
[24:42.000 --> 24:48.000]  And I don't get tickets because they look up my DOT number.
[24:48.000 --> 24:55.000]  And it states that I am a private operator, not in commerce.
[24:55.000 --> 24:59.000]  I'm registered in that way with the DOT.
[24:59.000 --> 25:09.000]  So they have direct knowledge or at least imputed knowledge that I'm not operating in commerce.
[25:09.000 --> 25:13.000]  They always come back and give me a warning.
[25:13.000 --> 25:19.000]  Except one guy gave me a ticket in Hazel, and I have no doubt that they have instructions,
[25:19.000 --> 25:22.000]  do not ticket that no good scoundrel.
[25:22.000 --> 25:26.000]  I don't want him back in my court.
[25:26.000 --> 25:28.000]  But this is absolutely valid.
[25:28.000 --> 25:30.000]  Read the transportation code.
[25:30.000 --> 25:38.000]  You'll find nothing in there that goes to just driving around, going to the grocery.
[25:38.000 --> 25:44.000]  Everything in the code goes to commercial.
[25:44.000 --> 25:47.000]  Department of Transportation DOT number.
[25:47.000 --> 25:52.000]  Wait, I couldn't hear that.
[25:52.000 --> 25:54.000]  Spencer, say that again.
[25:54.000 --> 25:56.000]  I couldn't hear what you said last time.
[25:56.000 --> 26:00.000]  The DOT is your Department of Transportation number, DOT number?
[26:00.000 --> 26:06.000]  Yeah, you can go on the Department, this is Federal Department of Transportation,
[26:06.000 --> 26:11.000]  and go on their website, and they have a place to sign up with them.
[26:11.000 --> 26:17.000]  And you fill out their little form online, and when you check the type of operator you are,
[26:17.000 --> 26:23.000]  you check private operator, not in commerce.
[26:23.000 --> 26:25.000]  That's developed special.
[26:25.000 --> 26:31.000]  You have, say you've got a farm where you grow product,
[26:31.000 --> 26:37.000]  and it's big enough that you need a bunch of trucks to haul your product to market.
[26:37.000 --> 26:45.000]  If you're hauling your own product, and that is a cost to your business,
[26:45.000 --> 26:51.000]  you're not being paid to haul this product, you're not in commerce.
[26:51.000 --> 26:57.000]  You're driving a truck, and you drop off a load at one factory or one warehouse,
[26:57.000 --> 27:03.000]  and then you have to drive 50 miles over to another warehouse to pick up your next load.
[27:03.000 --> 27:07.000]  You're deadheading, you're not in commerce.
[27:07.000 --> 27:11.000]  That comes off your logbook.
[27:11.000 --> 27:13.000]  They know that.
[27:13.000 --> 27:18.000]  DPS, all these officers, they know that.
[27:18.000 --> 27:24.000]  But they want to act like, they want you not to know that.
[27:24.000 --> 27:25.000]  It's not about safety.
[27:25.000 --> 27:27.000]  It's not about protecting us on the highway.
[27:27.000 --> 27:31.000]  It's only about collecting money.
[27:31.000 --> 27:33.000]  At this point I don't have a DOC number.
[27:33.000 --> 27:36.000]  I have a driver's license number from New Mexico.
[27:36.000 --> 27:39.000]  It's New Mexico driver's license.
[27:39.000 --> 27:43.000]  So that right there, that right there is the point of it all.
[27:43.000 --> 27:51.000]  Well, they think you're going to have to come back from New Mexico to fight the ticket,
[27:51.000 --> 27:54.000]  so they figure you'll just pay it.
[27:54.000 --> 27:57.000]  They really hate it when you don't just pay it.
[27:57.000 --> 28:06.000]  But this is a JP, and because of where you're at, the JP is probably JP1.
[28:06.000 --> 28:09.000]  Evans, if he's still there.
[28:09.000 --> 28:11.000]  I've had great fun with Evans.
[28:11.000 --> 28:12.000]  He's the one.
[28:12.000 --> 28:14.000]  Yeah, I've had great fun with him.
[28:14.000 --> 28:17.000]  He'll recognize this argument.
[28:17.000 --> 28:20.000]  He's a pretty funny guy, by the way, in court.
[28:20.000 --> 28:24.000]  He's cracking jokes, and he is hilarious as far as the judge goes.
[28:24.000 --> 28:28.000]  Let me answer, let me go back to this one point if you don't mind.
[28:28.000 --> 28:29.000]  The experience is this.
[28:29.000 --> 28:33.000]  You go to the courthouse, and you go actually in the courtroom,
[28:33.000 --> 28:36.000]  and they pull you out of the courtroom to across the hallway to the little room
[28:36.000 --> 28:38.000]  where you meet the county attorney.
[28:38.000 --> 28:44.000]  So when you ask me, do I go to court, the answer is yes, the actual room.
[28:44.000 --> 28:47.000]  No, no, no, no.
[28:47.000 --> 28:51.000]  I tell the court, he's the persecuting attorney.
[28:51.000 --> 28:54.000]  I don't talk to persecutors.
[28:54.000 --> 28:57.000]  But they force you to.
[28:57.000 --> 28:59.000]  Let him try that.
[28:59.000 --> 29:03.000]  Then I ask the bailiff to arrest him.
[29:03.000 --> 29:05.000]  Well, I've heard you say that many times.
[29:05.000 --> 29:09.000]  That is not a power that justice has.
[29:09.000 --> 29:11.000]  Look in the code.
[29:11.000 --> 29:14.000]  That gets us to another point.
[29:14.000 --> 29:21.000]  What can you be summoned to court for?
[29:21.000 --> 29:25.000]  Where is it in the code?
[29:25.000 --> 29:29.000]  It's in 2801 and 2601.
[29:29.000 --> 29:40.000]  You can be summoned to court, I would say 2801, 2601, and 543-003.
[29:40.000 --> 29:48.000]  You can be summoned based on a violation of the transportation code.
[29:48.000 --> 29:51.000]  You can run out of time.
[29:51.000 --> 29:53.000]  Hang on, Randy Charlton.
[29:53.000 --> 30:01.000]  We'll be right back.
[30:01.000 --> 30:10.000]  The Stasi, East German secret police, used to capture prisoners' scent on pieces of felt stored in glass jars so dogs could hunt them down later.
[30:10.000 --> 30:13.000]  Unfortunately, some things never change.
[30:13.000 --> 30:16.000]  I'm Dr. Catherine Albrecht, and I'll be back with more.
[30:16.000 --> 30:18.000]  Privacy is under attack.
[30:18.000 --> 30:22.000]  When you give up data about yourself, you'll never get it back again.
[30:22.000 --> 30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:27.000 --> 30:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.000 --> 30:35.000]  Privacy, it's worth hanging onto.
[30:35.000 --> 30:42.000]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:42.000 --> 30:46.000]  Start over with Startpage.
[30:46.000 --> 30:56.000]  In Germany, 68-year-old leftist Fritz S. thought he'd seen it all till officials knocked on his door in 2007 demanding something new, his smell.
[30:56.000 --> 31:05.000]  They thought the aging revolutionary might disrupt the G8 summit, so they made him hold little metal tubes in his hands for several minutes to collect his scent just in case.
[31:05.000 --> 31:13.000]  Around that same time, the U.S. government sought research proposals for a similar system to collect human scent for tracking purposes.
[31:13.000 --> 31:21.000]  Those creepy interrogation jars I mentioned can be seen at the Stasi Museum in Berlin, along with other devices of surveillance and state control.
[31:21.000 --> 31:24.000]  Look closely. You may see our future.
[31:24.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[32:01.000 --> 32:05.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.000 --> 32:08.000]  In today's America, we live in an us-against-them society.
[32:08.000 --> 32:13.000]  If we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:18.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[32:18.000 --> 32:20.000]  and most importantly, the right to due process of law.
[32:20.000 --> 32:26.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[32:29.000 --> 32:34.000]  has put together the most comprehensive teaching tool available that will help you understand what due process is
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[33:25.000 --> 33:50.000]  Okay, we are back.
[33:50.000 --> 33:59.000]  Randy Kelton, Rule of Law Radio, and we're talking to Spencer in Texas, and there's three times you can be summoned to court.
[33:59.000 --> 34:08.000]  Under the Transportation Code, you can be summoned to court to appear before a magistrate, 543-003.
[34:08.000 --> 34:19.000]  You can be summoned to court under 2601 Texas Code of Criminal Procedure for an arraignment hearing.
[34:19.000 --> 34:30.000]  This one says, in all felony cases after indictment and all misdemeanor cases punishable by imprisonment, there shall be an arraignment.
[34:30.000 --> 34:37.000]  An arraignment hearing is a hearing for the purpose of determining the identity of the accused and taking the plea.
[34:37.000 --> 34:45.000]  Okay, only in felonies after indictment and misdemeanors punishable by imprisonment.
[34:45.000 --> 34:53.000]  Section 801, the court may set any criminal case for pretrial hearing before it is set for trial upon the merits.
[34:53.000 --> 35:00.000]  And this is pretrial, and it lists a set of things you can be ordered to come to court for.
[35:00.000 --> 35:12.000]  I was summoned to court in Austin after a DPS officer smashed my face in the wall and broke one of my teeth
[35:12.000 --> 35:18.000]  and called 911 on them, and then they arrested me to cover up what he did.
[35:18.000 --> 35:25.000]  I went to court, and they didn't say why. Well, I knew why. Austin always summons you to see if you have an attorney.
[35:25.000 --> 35:30.000]  And they called me up, and she said, are you Randall Kelton? And I said, yes, Your Honor, I am.
[35:30.000 --> 35:36.000]  And I have this summons, and it's ordered me to be to court here today, but didn't tell me why.
[35:36.000 --> 35:40.000]  And she said, well, Mr. Kelton, we need to find out if you had an attorney.
[35:40.000 --> 35:44.000]  I said, well, Your Honor, I have 28.01 Texas Code of Criminal Procedure,
[35:44.000 --> 35:54.000]  and it lists all those things you can summon me to court for to see if I have an attorney, not one of them.
[35:54.000 --> 35:58.000]  And that got real interesting.
[35:58.000 --> 36:12.000]  The only time a justice of the peace or a municipal court can summon you to court is to appear before a magistrate.
[36:12.000 --> 36:18.000]  Remember when I read that in 543.006?
[36:18.000 --> 36:30.000]  You must be summoned to appear before a magistrate. Do you know the difference between a magistrate and a judge?
[36:30.000 --> 36:32.000]  I don't.
[36:32.000 --> 36:41.000]  Okay. All judges are magistrates. Not all magistrates are judges, but a mayor can be a magistrate.
[36:41.000 --> 36:55.000]  A magistrate can do three things. He can marry people, he can hold an examining trial, and he can set bail.
[36:55.000 --> 36:57.000]  That's it.
[36:57.000 --> 37:09.000]  So you're being summoned before a magistrate for the purposes described in 14.06 Code of Criminal Procedure.
[37:09.000 --> 37:18.000]  You're being summoned before the magistrate for the purpose of an examination into the sufficiency of the complaint.
[37:18.000 --> 37:31.000]  In order for the court to give subject jurisdiction in the case, there must be a complaint.
[37:31.000 --> 37:45.000]  The magistrate must then hold an examining trial. After the examining trial, the magistrate must enter an order under 16.17 Code of Criminal Procedure.
[37:45.000 --> 37:49.000]  Chapter 16 tells them what they're supposed to do in an examining trial.
[37:49.000 --> 38:02.000]  They enter an order stating whether the person, whether he found probable cause or released the person at his liberty, whether he released him on bail, or confined him to the county jail.
[38:02.000 --> 38:07.000]  Then he must issue a warrant if he was arrested without a warrant.
[38:07.000 --> 38:23.000]  There is the warrant along with the finding of probable cause that transfers jurisdiction to the trial court, even if the judge will ultimately be the trial judge.
[38:23.000 --> 38:45.000]  In order for the trial court to give subject matter jurisdiction, the magistrate holding the examining trial must seal all documents had in the hearing in an envelope, cause his name to be written across the seal of the envelope, and forward it to the clerk to court jurisdiction.
[38:45.000 --> 38:49.000]  It's right there in the code.
[38:49.000 --> 38:56.000]  And the county attorney is not a magistrate, is what you're saying?
[38:56.000 --> 39:03.000]  Okay, sorry, I got distracted there for a second. I had a page up in a video that started running in the background.
[39:03.000 --> 39:12.000]  Okay, he must forward the documents to the clerk to the court of jurisdiction. I have a special information request that I file.
[39:12.000 --> 39:15.000]  It's a 1730 request.
[39:15.000 --> 39:28.000]  I demand production of all documents received by the court in accordance with Article 1730 Code of Criminal Procedure from the place to fill in dates from this date to this date.
[39:28.000 --> 39:34.000]  You can go on jurisimprudence.com.
[39:34.000 --> 39:36.000]  Top fog on the right.
[39:36.000 --> 39:40.000]  We'll go to documents and research.
[39:40.000 --> 39:48.000]  Select the blanks folder and there will be a 17.30 info document.
[39:48.000 --> 39:59.000]  Download that document, fill it in and give that to the court or to the JP's clerk.
[39:59.000 --> 40:07.000]  Ask her to initial and date it and make you a copy. She keeps you original.
[40:07.000 --> 40:19.000]  Now you've requested the information from the court to show that the court is in compliance with Article 17.30.
[40:19.000 --> 40:29.000]  And if you're lucky, you'll get a response back that says we have no records responsive to your request.
[40:29.000 --> 40:32.000]  Does that sound like fun, Spencer?
[40:32.000 --> 40:35.000]  Yeah, that sounds like a really good one.
[40:35.000 --> 40:39.000]  And, you know, I was just in Hayes County.
[40:39.000 --> 40:45.000]  A woman wanted me to look into some convictions her son had and I went to the district court.
[40:45.000 --> 40:47.000]  These were all felonies.
[40:47.000 --> 40:54.000]  I got the three records and I looked at them and I called the clerk over and I said, I have a problem here.
[40:54.000 --> 40:58.000]  She said, what's that? Well, the first document is an indictment.
[40:58.000 --> 41:05.000]  Well, yes. I don't see a criminal complaint in the record anywhere.
[41:05.000 --> 41:07.000]  Well, we don't get there.
[41:07.000 --> 41:11.000]  Well, wait a minute, wait a minute. Hold on.
[41:11.000 --> 41:18.000]  The court cannot have subject matter jurisdiction unless someone files a criminal complaint.
[41:18.000 --> 41:23.000]  And that criminal complaint must be filed with some magistrate.
[41:23.000 --> 41:29.000]  The magistrate must hold an examining trial, seal all the documents in an envelope and send them to you.
[41:29.000 --> 41:31.000]  Where are they?
[41:31.000 --> 41:34.000]  Oh, I don't know.
[41:34.000 --> 41:37.000]  So I gave them a request for all documents collected,
[41:37.000 --> 41:54.000]  assembled, maintained by the department that are specifically referenced by Article 17.30 Code of Criminal Procedure and I put in from June 1st, 2015 to September 31st, 2015.
[41:54.000 --> 42:01.000]  They're going to send me back a letter saying we have no records responsive to your request.
[42:01.000 --> 42:04.000]  Gotcha.
[42:04.000 --> 42:08.000]  That you need to put into the JP court and they're not going to and don't.
[42:08.000 --> 42:11.000]  Okay. One thing never do.
[42:11.000 --> 42:15.000]  Never give fair warning.
[42:15.000 --> 42:17.000]  Never tell them what your rights are.
[42:17.000 --> 42:22.000]  Never tell them what the law says they're supposed to do.
[42:22.000 --> 42:26.000]  You tell them what you want them to do.
[42:26.000 --> 42:30.000]  Hoping they won't do it.
[42:30.000 --> 42:35.000]  Never ask a public official to do anything you actually want them to do.
[42:35.000 --> 42:43.000]  Because you never ask a public official to do anything that the law does not specifically require them to do.
[42:43.000 --> 42:45.000]  When they don't, you get to hammer them.
[42:45.000 --> 42:47.000]  You say that too.
[42:47.000 --> 42:51.000]  So you get to start to run the routine on them.
[42:51.000 --> 43:02.000]  At worst, it puts them on notice that when you come before them, you're going to be taking them to task.
[43:02.000 --> 43:09.000]  And you got to consider who you get in these JP municipal courts.
[43:09.000 --> 43:14.000]  These are not the lawyers that are out there making the big bucks.
[43:14.000 --> 43:19.000]  So they, the sharpest knives in the drawer.
[43:19.000 --> 43:26.000]  If they were, they wouldn't be needing to work in a municipal court to make a few extra bucks.
[43:26.000 --> 43:39.000]  So when you start sticking law in their face, then the prosecuting attorney, in your case it would be the county attorney.
[43:39.000 --> 43:47.000]  This guy gets out of law school and he goes to work for a county because he can't make it on his own.
[43:47.000 --> 43:50.000]  So if you are grieving, that will really get his attention.
[43:50.000 --> 43:54.000]  Hang on, we'll finish up with Spencer on the other side.
[43:54.000 --> 44:03.000]  Randy Kelton, Rue of La Radio, we'll be right back.
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[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:14.000 --> 46:24.000]  Whoa, whoa, yeah.
[46:24.000 --> 46:30.000]  Always I must be careful what I'm wishing for.
[46:30.000 --> 46:35.000]  When I'm hungry I like to know just what I'm fishing for.
[46:35.000 --> 46:41.000]  I ain't asking for much, I ain't trying to be no glutton.
[46:41.000 --> 46:47.000]  I'm just here making my living pushing buttons.
[46:47.000 --> 46:55.000]  Okay, we are back. Randy Kelton here with Jeff Sedgwick, Rule of Law Radio, and we're talking to Spencer in Texas.
[46:55.000 --> 47:01.000]  I know I spent a lot of time on this, Spencer, but this is one of my favorite subjects.
[47:01.000 --> 47:05.000]  I could probably do eight hours on this subject.
[47:05.000 --> 47:15.000]  But the whole point of spending this much time is to indicate there's a whole other way of going about this.
[47:15.000 --> 47:24.000]  You certainly can go in and make your argument about your direct innocence and very good chance
[47:24.000 --> 47:31.000]  that if you've given them a lot of political reasons to make your case go away,
[47:31.000 --> 47:38.000]  by the time you get to the merits, they may be wanting you to give them something they can dismiss over.
[47:38.000 --> 47:41.000]  In the end, everything's political.
[47:41.000 --> 47:46.000]  And if it is Judge Evans, we've had great fun with Judge Evans.
[47:46.000 --> 47:54.000]  I helped a guy with a credit card suit and he failed to file an affidavit with the original filing,
[47:54.000 --> 47:59.000]  so we filed a challenge subject matter jurisdiction and sued the judge.
[47:59.000 --> 48:01.000]  Oh, it was a hoot.
[48:01.000 --> 48:05.000]  Evans came in the court and the client said, Your Honor, what are you doing here?
[48:05.000 --> 48:07.000]  You can't be here. I sued you.
[48:07.000 --> 48:09.000]  And he said, What? What?
[48:09.000 --> 48:16.000]  The client took direction well because the judge got the suit and started reading it,
[48:16.000 --> 48:19.000]  and he's saying, Oh my, oh my.
[48:19.000 --> 48:25.000]  And then he said, It's not my place to determine subject matter jurisdiction.
[48:25.000 --> 48:27.000]  You have to do that.
[48:27.000 --> 48:30.000]  And then the client said, With all due respect, Your Honor,
[48:30.000 --> 48:32.000]  before you send me this subpoena,
[48:32.000 --> 48:38.000]  order me to come to your court and tell me all the horrible things you're going to do to me if I don't show up,
[48:38.000 --> 48:42.000]  you need to make sure you have the authority to do that.
[48:42.000 --> 48:50.000]  So Judge Evans got the county attorney to write his answer to the pleading.
[48:50.000 --> 48:53.000]  So what do you do?
[48:53.000 --> 48:56.000]  You sue the county attorney, of course,
[48:56.000 --> 48:58.000]  for misappropriation of public funds.
[48:58.000 --> 49:05.000]  We sued the judge in his personal capacity because he didn't have subject matter jurisdiction.
[49:05.000 --> 49:08.000]  Oh, that was so much fun.
[49:08.000 --> 49:09.000]  Fun.
[49:09.000 --> 49:11.000]  So Randy, let me cover this real quick.
[49:11.000 --> 49:18.000]  You want me to enter an order of probable cause, go to jurisprudence.com, get the form,
[49:18.000 --> 49:21.000]  bring it to the justice of the peace, have them initial it.
[49:21.000 --> 49:27.000]  And I was just going to go right to Judge Evans because my request go to the judge.
[49:27.000 --> 49:29.000]  Yes, to Judge Evans.
[49:29.000 --> 49:32.000]  He is respond yet superior.
[49:32.000 --> 49:35.000]  And you just take it in, give it to the clerk and say,
[49:35.000 --> 49:42.000]  Can you just initial and date it so I can show that I dropped it off on this date?
[49:42.000 --> 49:47.000]  Or you can mail it to them, certified mail.
[49:47.000 --> 49:51.000]  And they get the original, which would be a copy anyway.
[49:51.000 --> 49:54.000]  It's faxed to me probably or something.
[49:54.000 --> 49:59.000]  Yeah, if you mail it to them, if you didn't mail it certified mail, it doesn't matter.
[49:59.000 --> 50:02.000]  But I'd like messing with them.
[50:02.000 --> 50:04.000]  I probably should.
[50:04.000 --> 50:10.000]  Is jurisprudence.com and the form, is there a number on the form, a certain?
[50:10.000 --> 50:12.000]  No, it'll state what it is.
[50:12.000 --> 50:17.000]  It'll be a 1730 information request.
[50:17.000 --> 50:18.000]  Jeff had a comment.
[50:18.000 --> 50:21.000]  Well, actually, I had a question to you, Randy.
[50:21.000 --> 50:26.000]  Why do you have the clerk initial it instead of just having her date stamp it with your time machine?
[50:26.000 --> 50:33.000]  Well, because a lot of these JPs and such claim they don't have a date stamp.
[50:33.000 --> 50:37.000]  And they don't, I've had several of them that didn't understand.
[50:37.000 --> 50:40.000]  They thought I was filing it in the case.
[50:40.000 --> 50:45.000]  So I quit asking them to stamp it and just ask them to initial it.
[50:45.000 --> 50:48.000]  And that tenses them up bad enough.
[50:48.000 --> 50:52.000]  I've had some of them refuse to initial it.
[50:52.000 --> 50:56.000]  And I took out my cell phone, took a picture of her.
[50:56.000 --> 50:58.000]  That did ought to scare her.
[50:58.000 --> 51:01.000]  Oh, it did.
[51:01.000 --> 51:03.000]  Oh, I've had so much fun with them.
[51:03.000 --> 51:08.000]  I was standing at the desk using my cell phone.
[51:08.000 --> 51:12.000]  And the clerk ran over and said, you can't use that in this office.
[51:12.000 --> 51:16.000]  I turned my back to her and went ahead and used the phone.
[51:16.000 --> 51:19.000]  And the bailiff came over and said, sir, sir.
[51:19.000 --> 51:22.000]  And I turned around and said, bitch.
[51:22.000 --> 51:25.000]  And the clerk said, just leave him alone.
[51:25.000 --> 51:27.000]  Leave him alone.
[51:27.000 --> 51:33.000]  Because they knew I'd already called 911 on her.
[51:33.000 --> 51:39.000]  Spencer, you haven't lived until you call 911 on the judge
[51:39.000 --> 51:43.000]  or ask the bailiff to arrest the judge.
[51:43.000 --> 51:46.000]  That is so much fun.
[51:46.000 --> 51:48.000]  But anyway, mail it.
[51:48.000 --> 51:54.000]  It's better to mail it because you don't want them to see you.
[51:54.000 --> 51:59.000]  They see you and they feel like they can read you.
[51:59.000 --> 52:04.000]  And they want to talk to you and reason with you.
[52:04.000 --> 52:09.000]  If you mail it to them, they can't negotiate with you.
[52:09.000 --> 52:12.000]  You sharp shoot them from a distance.
[52:12.000 --> 52:14.000]  Ambush.
[52:14.000 --> 52:16.000]  It's the name of the game.
[52:16.000 --> 52:18.000]  Bushwhack.
[52:18.000 --> 52:25.000]  Never, ever give a public official fair warning.
[52:25.000 --> 52:31.000]  You're sure that they don't have the probable cause paperwork, forms, information?
[52:31.000 --> 52:33.000]  Absolutely not.
[52:33.000 --> 52:34.000]  It's not provided.
[52:34.000 --> 52:35.000]  It's too much work.
[52:35.000 --> 52:37.000]  It's too much effort for all these tickets.
[52:37.000 --> 52:40.000]  It's just not something they've done.
[52:40.000 --> 52:48.000]  Now, Austin, Texas, Travis County, Texas, the magistrate who does the
[52:48.000 --> 52:56.000]  magistration, it's not an examining trial, it's improper, but he does forward all of his records to the county clerk.
[52:56.000 --> 53:00.000]  There are about four counties I know of.
[53:00.000 --> 53:11.000]  Travis, Bear, Victoria, and there's one other I don't remember that actually sends the documents to the clerk.
[53:11.000 --> 53:12.000]  But that's it.
[53:12.000 --> 53:14.000]  I've been all over Texas.
[53:14.000 --> 53:19.000]  And in traffic, never, ever do they do that.
[53:19.000 --> 53:22.000]  The county attorney did not do that.
[53:22.000 --> 53:23.000]  That's one.
[53:23.000 --> 53:25.000]  The officer is not going to be certified.
[53:25.000 --> 53:26.000]  That's two.
[53:26.000 --> 53:28.000]  I want all the voice recordings.
[53:28.000 --> 53:29.000]  That's three.
[53:29.000 --> 53:31.000]  Can I make all these requests at the same time?
[53:31.000 --> 53:36.000]  Make them each one on a separate document.
[53:36.000 --> 53:50.000]  Or what they'll do if you make them all on one request, they'll object to one of them and withhold everything waiting for a response to the objection to the one item.
[53:50.000 --> 53:53.000]  Now, that's improper, but that's how they do it.
[53:53.000 --> 54:00.000]  So you send them each one separate, and I would suggest you mail them each one separate.
[54:00.000 --> 54:02.000]  You want it to be a pain in the neck.
[54:02.000 --> 54:04.000]  You want them to be separate.
[54:04.000 --> 54:08.000]  Go ahead.
[54:08.000 --> 54:12.000]  Is requesting the voice recordings of all these officers valid?
[54:12.000 --> 54:18.000]  Yes, absolutely.
[54:18.000 --> 54:20.000]  You guarantee you won't get them?
[54:20.000 --> 54:23.000]  Are they obligated to do it?
[54:23.000 --> 54:24.000]  Wait, I couldn't hear you.
[54:24.000 --> 54:25.000]  You're breaking up.
[54:25.000 --> 54:29.000]  Are they obligated to give me that evidence?
[54:29.000 --> 54:30.000]  Absolutely.
[54:30.000 --> 54:34.000]  They gave me the DVD, but it doesn't really have any vocal on it.
[54:34.000 --> 54:39.000]  It's all muffled, except for when they're in their own cars, when they're in their own car.
[54:39.000 --> 54:41.000]  That's where it's clear.
[54:41.000 --> 54:46.000]  You might take that to somebody who can master it.
[54:46.000 --> 54:52.000]  Have you ever done any mastering, any video or audio mastering?
[54:52.000 --> 54:55.000]  Yeah, but I'm a role in construction guiding.
[54:55.000 --> 55:01.000]  Okay, you can download Audacity 2.
[55:01.000 --> 55:09.000]  Audacity 2 is a good program for mastering audio.
[55:09.000 --> 55:11.000]  And you can go in there and tweak it.
[55:11.000 --> 55:15.000]  You might be able to bring the sound out better.
[55:15.000 --> 55:18.000]  Don't the officers have this audio in their bodies?
[55:18.000 --> 55:20.000]  I mean, I learned this.
[55:20.000 --> 55:26.000]  That's actually an irrelevant conversation.
[55:26.000 --> 55:28.000]  No, that's irrelevant.
[55:28.000 --> 55:30.000]  Yeah, you got what they have.
[55:30.000 --> 55:36.000]  You need to master it.
[55:36.000 --> 55:39.000]  Well, yeah, but my thought is that they provided me with something,
[55:39.000 --> 55:42.000]  but that's not all they have, because I think the officers have it on their...
[55:42.000 --> 55:45.000]  they have audio on their person.
[55:45.000 --> 55:50.000]  If they have a body mic, it might get better sound,
[55:50.000 --> 55:54.000]  and it will be more annoying to them if you ask for more stuff.
[55:54.000 --> 55:56.000]  Okay.
[55:56.000 --> 55:59.000]  I like annoying.
[55:59.000 --> 56:02.000]  Okay, we really need to move along.
[56:02.000 --> 56:06.000]  We've got other callers, and I've spent more time than I meant to,
[56:06.000 --> 56:10.000]  but this is worth it.
[56:10.000 --> 56:13.000]  But get the transportation code and go through it.
[56:13.000 --> 56:17.000]  It's not as big a project as it appears,
[56:17.000 --> 56:19.000]  because it's not that much that you're interested in.
[56:19.000 --> 56:24.000]  Ninety percent of it are the violations, and you only care about one.
[56:24.000 --> 56:28.000]  And then look through the procedures in the traffic code,
[56:28.000 --> 56:35.000]  and it will give you a lot of stuff to raise issues about.
[56:35.000 --> 56:39.000]  Keep us up to speed on how this goes.
[56:39.000 --> 56:41.000]  Okay, thank you, Spencer.
[56:41.000 --> 56:44.000]  Now we're going to go to Jermaine in Missouri.
[56:44.000 --> 56:47.000]  Hello, Jermaine.
[56:47.000 --> 56:50.000]  Hey, what do you say now, Randy?
[56:50.000 --> 56:52.000]  Howard, what do you have for us?
[56:52.000 --> 56:54.000]  My tang got tangled.
[56:54.000 --> 56:58.000]  What do you have for us today?
[56:58.000 --> 57:01.000]  Okay, I just want to touch on an issue real quick, man.
[57:01.000 --> 57:04.000]  On that request form, and then I'll move forward.
[57:04.000 --> 57:07.000]  On that request form, does that also work in discovery,
[57:07.000 --> 57:11.000]  like if you discover any criminal complaint?
[57:11.000 --> 57:13.000]  No, no, no.
[57:13.000 --> 57:21.000]  Okay, I'm not sure about how Missouri law works.
[57:21.000 --> 57:23.000]  But in Texas...
[57:23.000 --> 57:24.000]  Well, no.
[57:24.000 --> 57:26.000]  I'm out of Tennessee.
[57:26.000 --> 57:28.000]  We talked two weeks ago.
[57:28.000 --> 57:29.000]  I'm a truck driver.
[57:29.000 --> 57:31.000]  Oh, okay.
[57:31.000 --> 57:33.000]  I won't hold that against you,
[57:33.000 --> 57:37.000]  and it won't even go into all my truck driving terms.
[57:37.000 --> 57:47.000]  Okay, most states are probably going to be consistent in this context.
[57:47.000 --> 57:54.000]  Once you enter into a lawsuit,
[57:54.000 --> 57:57.000]  then you may no longer use open records
[57:57.000 --> 58:02.000]  because they don't want open records to preempt discovery.
[58:02.000 --> 58:08.000]  So if there's anything that the court is denying you in discovery
[58:08.000 --> 58:13.000]  that you need and it is subject to open records,
[58:13.000 --> 58:16.000]  then you get somebody else who's not connected with the lawsuit
[58:16.000 --> 58:19.000]  to make the request.
[58:19.000 --> 58:21.000]  Okay.
[58:21.000 --> 58:26.000]  Okay, yours was a foreclosure issue?
[58:26.000 --> 58:27.000]  No, no, no.
[58:27.000 --> 58:29.000]  I wasn't a foreclosure issue.
[58:29.000 --> 58:32.000]  I was on a criminal procedure.
[58:32.000 --> 58:36.000]  Oh, that's right, your brother.
[58:36.000 --> 58:37.000]  Yeah.
[58:37.000 --> 58:39.000]  Yeah, you had a brother,
[58:39.000 --> 58:48.000]  and we determined that knocking out the cop is never a good strategy.
[58:48.000 --> 58:50.000]  Yeah, and I was going to eat him.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 58:59.000]  Bibles for America is offering a free study Bible and a set of free Christian books
[58:59.000 --> 59:01.000]  that can really help.
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[59:24.000 --> 59:28.000]  growing in Christ, and how to build up the church.
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[59:31.000 --> 59:34.000]  and Basic Elements of the Christian Life,
[59:34.000 --> 59:41.000]  call Bibles for America toll-free at 888-551-0102.
[59:41.000 --> 59:45.000]  That's 888-551-0102.
[59:45.000 --> 59:52.000]  Or visit us online at bfa.org.
[59:52.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.000 --> 01:00:05.000]  The following newsflash is brought to you by the Low Star Lowdown,
[01:00:05.000 --> 01:00:08.000]  providing your daily bulletins for the commodities market,
[01:00:08.000 --> 01:00:12.000]  Today in History, news updates,
[01:00:12.000 --> 01:00:21.000]  and the inside scoop into the tides of the alternatives.
[01:00:21.000 --> 01:00:23.000]  Markets for the 9th of October, 2015,
[01:00:23.000 --> 01:00:27.000]  opened up with gold at $1,155.56 an ounce,
[01:00:27.000 --> 01:00:29.000]  silver at $15.84 an ounce,
[01:00:29.000 --> 01:00:32.000]  Texas crude at $49.43 a barrel,
[01:00:32.000 --> 01:00:43.000]  and Bitcoin is currently sitting at about $244 U.S. currency.
[01:00:43.000 --> 01:00:46.000]  Today in History, Tuesday, October 9, 1635,
[01:00:46.000 --> 01:00:50.000]  religious dissident Roger Williams is banished from the Massachusetts Bay Colony
[01:00:50.000 --> 01:00:52.000]  by the General Court of Massachusetts.
[01:00:52.000 --> 01:00:55.000]  Williams has been speaking out against the right of civil authorities
[01:00:55.000 --> 01:00:59.000]  to punish religious dissension and to confiscate Indian land.
[01:00:59.000 --> 01:01:03.000]  He went on to found the settlement known as Providence located in present-day Rhode Island,
[01:01:03.000 --> 01:01:07.000]  in which he declared it open to all those seeking freedom of conscience
[01:01:07.000 --> 01:01:10.000]  and the removal of the church from civil matters.
[01:01:10.000 --> 01:01:13.000]  Roger Williams also founded the First Baptist Church in America there
[01:01:13.000 --> 01:01:16.000]  and edited the first dictionary of Native American languages.
[01:01:16.000 --> 01:01:19.000]  The liberal concepts of religious freedom and liberty of conscience
[01:01:19.000 --> 01:01:26.000]  stem from articulations of this religious renegade.
[01:01:26.000 --> 01:01:30.000]  In recent news, a shooting where one person was injured and another killed
[01:01:30.000 --> 01:01:33.000]  occurred around 1130 A.M. Central Standard Time yesterday
[01:01:33.000 --> 01:01:36.000]  near Texas Southern University's student housing complex.
[01:01:36.000 --> 01:01:40.000]  The campus was placed on lockdown and classes have been canceled for the day.
[01:01:40.000 --> 01:01:42.000]  A possible suspect has been detained.
[01:01:42.000 --> 01:01:44.000]  It is the second shooting at TSU this week.
[01:01:44.000 --> 01:01:47.000]  Earlier on Tuesday, a man was shot in the abdomen
[01:01:47.000 --> 01:01:49.000]  on a roadway that leads through the university.
[01:01:49.000 --> 01:01:52.000]  He was hospitalized in serious but stable condition.
[01:01:52.000 --> 01:01:59.000]  Texas Southern University has about 10,000 students.
[01:01:59.000 --> 01:02:02.000]  Chinese hackers who allegedly read through Obama's administration's emails,
[01:02:02.000 --> 01:02:06.000]  stole millions of federal employees' records, hacked U.S. health care records,
[01:02:06.000 --> 01:02:10.000]  and attacked anti-centership projects were reportedly arrested by Chinese authorities.
[01:02:10.000 --> 01:02:15.000]  The Washington Post reported that these arrests were made prior to the agreement on cyber espionage
[01:02:15.000 --> 01:02:19.000]  China and the U.S. announced during President Xi Jinping's state visit.
[01:02:19.000 --> 01:02:24.000]  The arrests did take place weeks before the Chinese president's visit to Washington last month.
[01:02:24.000 --> 01:02:28.000]  The hackers had been identified by U.S. officials as having stolen commercial secrets
[01:02:28.000 --> 01:02:31.000]  from U.S. firms to be sold to Chinese state-run industries.
[01:02:31.000 --> 01:02:35.000]  However, with the lack of any official statement from both U.S. and Chinese officials
[01:02:35.000 --> 01:02:39.000]  without independent verification, many are saying that these arrests were merely for show and gesture.
[01:02:39.000 --> 01:02:45.000]  There is a chance that these arrests had little to nothing to do with the Chinese-U.S. hacking wars.
[01:02:45.000 --> 01:02:49.000]  As the Lone Star Lowdown is currently looking for sponsors, so if you have a product or a service
[01:02:49.000 --> 01:02:56.000]  you'd like to advertise with us, feel free to give us a call at 210-363-2257.
[01:02:56.000 --> 01:03:23.000]  This has been your Lowdown for October 9, 2015.
[01:03:26.000 --> 01:03:48.000]  Okay, we are back.
[01:03:48.000 --> 01:03:54.000]  Randy Kelton with our radio and we're talking to Jermaine in Missouri.
[01:03:54.000 --> 01:04:00.000]  Actually in Tennessee, I haven't listed his resume for some reason.
[01:04:00.000 --> 01:04:09.000]  Okay, Jermaine, do you have any other questions for us? Did I answer your question?
[01:04:09.000 --> 01:04:12.000]  Yeah, we were talking about my brother at the time.
[01:04:12.000 --> 01:04:17.000]  I want to jump back to the situation you were kind of touching on with the guy,
[01:04:17.000 --> 01:04:20.000]  because I really don't understand the courts.
[01:04:20.000 --> 01:04:26.000]  I've been in the courts and I got to contempt the court one time on just arguing a ticket.
[01:04:26.000 --> 01:04:34.000]  And what I've learned is dealing with the ticket era, because I'm actually a commercial driver truck.
[01:04:34.000 --> 01:04:40.000]  So are you familiar with the Apache Tribe case, with the Supreme Court rule on the Apache Tribe case?
[01:04:40.000 --> 01:04:43.000]  No, no I'm not.
[01:04:43.000 --> 01:04:53.000]  There was a Supreme Court rule on the Apache Tribe case there that to presume a sovereign forever
[01:04:53.000 --> 01:04:59.000]  waives the right to exercise one's right as the concept of sovereignty on his head,
[01:04:59.000 --> 01:05:05.000]  unless that sovereign reserved their right in a commercial agreement.
[01:05:05.000 --> 01:05:11.000]  So to presume that one is waiving his right as the concept of sovereignty on his head,
[01:05:11.000 --> 01:05:17.000]  you never waive a right if you think someone waives it because they didn't exercise it.
[01:05:17.000 --> 01:05:26.000]  Yes, we have a motion we like to file, and it's not really a motion, it's a notice to the court
[01:05:26.000 --> 01:05:35.000]  that it shall not be presumed that the defendant waives any right unless that right is waived in court
[01:05:35.000 --> 01:05:43.000]  with counsel present after full disclosure free of coercion.
[01:05:43.000 --> 01:05:50.000]  And that is taken out of a statute where you can waive your right to counsel.
[01:05:50.000 --> 01:05:57.000]  It says you can only waive your right to counsel in court with counsel present,
[01:05:57.000 --> 01:06:04.000]  there has to be a counsel there after full disclosure free of coercion.
[01:06:04.000 --> 01:06:12.000]  So we write a motion to cover this where they say if you don't assert a right, you waive one.
[01:06:12.000 --> 01:06:14.000]  And that's something the court's just made up.
[01:06:14.000 --> 01:06:17.000]  Okay.
[01:06:17.000 --> 01:06:20.000]  I've never really understood it.
[01:06:20.000 --> 01:06:24.000]  It wasn't something that's come up that we had a reason to chase,
[01:06:24.000 --> 01:06:38.000]  but the statutes and codes are operative even if I don't directly invoke them.
[01:06:38.000 --> 01:06:50.000]  So if you did something that violates a statute, the violation is a violation whether I bring it up or not.
[01:06:50.000 --> 01:06:58.000]  If I have a right to something, I have a right to it whether I demand that right or not.
[01:06:58.000 --> 01:06:59.000]  Or at least that's my presumption.
[01:06:59.000 --> 01:07:01.000]  That's not the presumption of the court.
[01:07:01.000 --> 01:07:11.000]  The courts are saying if you don't specifically stipulate your right, we can deny every one of them.
[01:07:11.000 --> 01:07:15.000]  Right. I don't think that would be fair.
[01:07:15.000 --> 01:07:23.000]  So I'd like, can you email me a link to this Apache Tribe case?
[01:07:23.000 --> 01:07:24.000]  Yes, yes.
[01:07:24.000 --> 01:07:26.000]  Yes, I have it on my laptop.
[01:07:26.000 --> 01:07:28.000]  I can definitely get that to you.
[01:07:28.000 --> 01:07:36.000]  So what I've been doing because like the tickets are a part of the Bill of Exchange Act and everything,
[01:07:36.000 --> 01:07:39.000]  and that's what they derive from, the ticket.
[01:07:39.000 --> 01:07:43.000]  So, you know, I read that Act and it has all the elements.
[01:07:43.000 --> 01:07:46.000]  The ticket has all the elements of the Bill of Exchange.
[01:07:46.000 --> 01:07:52.000]  Someone provides a service and they're giving you a service in exchange for money.
[01:07:52.000 --> 01:08:02.000]  So whenever I deal with an officer, Randy, and I've dealt with them all in Colorado, California, Alabama,
[01:08:02.000 --> 01:08:07.000]  and they write me a ticket and they want to say I violated or broke the law and everything,
[01:08:07.000 --> 01:08:13.000]  and I've questioned them on that and half of the time they don't even know what authority they're acting.
[01:08:13.000 --> 01:08:16.000]  I had one guy that said he acted upon the criminal code of Alabama.
[01:08:16.000 --> 01:08:19.000]  I said, well, the criminal code stated that I'm broken.
[01:08:19.000 --> 01:08:21.000]  You're talking about a parking sign.
[01:08:21.000 --> 01:08:25.000]  I'm parked in front of a sign that says no parking.
[01:08:25.000 --> 01:08:27.000]  So he said he had a right to.
[01:08:27.000 --> 01:08:29.000]  So we went on and everything.
[01:08:29.000 --> 01:08:34.000]  So he basically forced me into giving up the license.
[01:08:34.000 --> 01:08:40.000]  So I gave it to him on the, that I was being compelled on the Protestant direct.
[01:08:40.000 --> 01:08:44.000]  So I looked at the ticket.
[01:08:44.000 --> 01:08:46.000]  I seen how it was set up.
[01:08:46.000 --> 01:08:48.000]  So I signed it a certain way.
[01:08:48.000 --> 01:08:49.000]  I don't know.
[01:08:49.000 --> 01:08:51.000]  Are you familiar with the uniform commercial code?
[01:08:51.000 --> 01:08:53.000]  Yes.
[01:08:53.000 --> 01:08:57.000]  203, reserved all rights.
[01:08:57.000 --> 01:09:06.000]  Yeah, 308, 308, 203, yeah, those that reserved the rights and everything.
[01:09:06.000 --> 01:09:09.000]  So I signed the ticket a certain way and everything.
[01:09:09.000 --> 01:09:15.000]  I told the cop that, hey, I'm not going to come to your court and three days I'll discharge the ticket and all that.
[01:09:15.000 --> 01:09:16.000]  And they give me the story.
[01:09:16.000 --> 01:09:22.000]  They say, hey, if you don't come, we're going to put it on after the rest of us spend your life and all that.
[01:09:22.000 --> 01:09:26.000]  And I basically sent them the discharge and notice.
[01:09:26.000 --> 01:09:35.000]  And in the mail to the court, got it, put it in, basically put them on notice, let them know what laws they was breaking.
[01:09:35.000 --> 01:09:43.000]  And therefore, I have reserved the right plus on my license, I have reserved the rights on that instrument on my license.
[01:09:43.000 --> 01:09:48.000]  Basically putting UCC 1308 on that instrument right there.
[01:09:48.000 --> 01:09:56.000]  I have reserved the rights not to be unfilled on any commercial agreement unless that's for disclosure.
[01:09:56.000 --> 01:09:59.000]  So I've got all my, I've never had to show up in court.
[01:09:59.000 --> 01:10:02.000]  I've got all my tickets thrown out.
[01:10:02.000 --> 01:10:08.000]  So have you had all of your tickets discharged?
[01:10:08.000 --> 01:10:12.000]  Discharged, discharged and thrown out.
[01:10:12.000 --> 01:10:17.000]  Well, I've heard of the commercial process a lot.
[01:10:17.000 --> 01:10:22.000]  I have a friend who has a radio show.
[01:10:22.000 --> 01:10:31.000]  He has a broadcast network and he has several people on his network that advocate the commercial process.
[01:10:31.000 --> 01:10:38.000]  And he says he's never seen anybody achieve remedy using the commercial process.
[01:10:38.000 --> 01:10:48.000]  I would like to see the underlying support for the administrative process.
[01:10:48.000 --> 01:10:53.000]  I've never had the commercial process because I've never seen it.
[01:10:53.000 --> 01:10:56.000]  I've heard a lot of people talk about it.
[01:10:56.000 --> 01:11:02.000]  Yeah, I've actually experienced this and been putting it to use, man.
[01:11:02.000 --> 01:11:09.000]  I had so many states that they're going to spend my life and then when I get done doing administrative remedy, the process,
[01:11:09.000 --> 01:11:13.000]  and it's like it just all goes away and everything.
[01:11:13.000 --> 01:11:21.000]  For instance, I had a situation in Tennessee and this is where my learning process started in Tennessee.
[01:11:21.000 --> 01:11:26.000]  I got a ticket and everything and I went to the court in Clarksville, Tennessee.
[01:11:26.000 --> 01:11:29.000]  And I challenged the court on it.
[01:11:29.000 --> 01:11:36.000]  And there was a scripture in the Bible that says basically if you're in a situation,
[01:11:36.000 --> 01:11:43.000]  I'm just paraphrasing, if you're in a situation, you always take a bad situation you learn from.
[01:11:43.000 --> 01:11:52.000]  You learn from it and then you go back and you basically apply and conquer the situation that you were in before.
[01:11:52.000 --> 01:11:57.000]  So if you're in a situation again, you know how to basically execute and conquer.
[01:11:57.000 --> 01:12:04.000]  So I was in Clarksville and I went to the judge and everything and I challenged the judge on the ticket.
[01:12:04.000 --> 01:12:07.000]  Now, I had signed the ticket a certain way.
[01:12:07.000 --> 01:12:09.000]  I signed the ticket a certain way.
[01:12:09.000 --> 01:12:17.000]  Right then and there, I should have left it alone, but I didn't know actually what I was doing until I actually got into the situation.
[01:12:17.000 --> 01:12:23.000]  So I went to the court and everything and I sent the officers and stuff in the mail.
[01:12:23.000 --> 01:12:27.000]  So he got really upset about what he got in the mail from me.
[01:12:27.000 --> 01:12:34.000]  And he went up to the expertise with the judge and the judge instantly called my name up in the case.
[01:12:34.000 --> 01:12:46.000]  So I went before the court, challenged the judge and the judge, he was basically playing word games and chess with me
[01:12:46.000 --> 01:12:54.000]  to get me into accepting the liability because he already knew the ticket had no validity.
[01:12:54.000 --> 01:12:59.000]  So when he got me to accept and said, did you receive this instrument right here?
[01:12:59.000 --> 01:13:00.000]  I said, yes.
[01:13:00.000 --> 01:13:03.000]  And then he said, come forward.
[01:13:03.000 --> 01:13:04.000]  That's because I was at the bar.
[01:13:04.000 --> 01:13:06.000]  I said, come forward.
[01:13:06.000 --> 01:13:11.000]  And then I asked him to show me the law that he had me at the court.
[01:13:11.000 --> 01:13:17.000]  So then I said, the jurisdiction is being challenged, what jurisdiction are you operating upon?
[01:13:17.000 --> 01:13:25.000]  The first thing the judge said out of his mouth was this, you submitted yourself to the jurisdiction.
[01:13:25.000 --> 01:13:31.000]  So 10 days in the cell on the contempt of the court.
[01:13:31.000 --> 01:13:39.000]  And I played back the whole situation and it kept coming back to submitted myself to the jurisdiction.
[01:13:39.000 --> 01:13:46.000]  So after that, after the 10 days, I had to go through this whole process of even almost a trial.
[01:13:46.000 --> 01:13:51.000]  And I started sending the prosecutor some stuff in the mail.
[01:13:51.000 --> 01:13:55.000]  And he basically, because he didn't want to talk to me at first.
[01:13:55.000 --> 01:13:57.000]  He got a few documents in the mail.
[01:13:57.000 --> 01:14:01.000]  The next time I was in court, he was like, Mr. Jefferson, you want to talk to me?
[01:14:01.000 --> 01:14:05.000]  And I was like, I was expecting to see the judge.
[01:14:05.000 --> 01:14:07.000]  Oh, now you want to talk.
[01:14:07.000 --> 01:14:12.000]  So we went to the negotiation table and basically we ended the case.
[01:14:12.000 --> 01:14:13.000]  Ended the case.
[01:14:13.000 --> 01:14:16.000]  I went on my way, got back to work and everything.
[01:14:16.000 --> 01:14:18.000]  So I got a ticket in Alabama.
[01:14:18.000 --> 01:14:23.000]  This is when I retried that process again.
[01:14:23.000 --> 01:14:32.000]  This time, I'm not going to show up to your court because from what this one judge gave me, a key thing is that I submitted myself.
[01:14:32.000 --> 01:14:35.000]  And I'm going to find a ticket the same way again.
[01:14:35.000 --> 01:14:39.000]  But this time, I'm not going to submit myself to your jurisdiction.
[01:14:39.000 --> 01:14:54.000]  Then after that, I sent them a document and I showed them the case file that says without personal jurisdiction, the court, I have to go read it,
[01:14:54.000 --> 01:14:59.000]  but it says court cannot, what if it does not have personal jurisdiction?
[01:14:59.000 --> 01:15:01.000]  Are you going to be with that?
[01:15:01.000 --> 01:15:07.000]  Are you talking about in personum or subject matter?
[01:15:07.000 --> 01:15:16.000]  Well, they have to, even on the subject matter of a case, they've got to have subject matter and personal jurisdiction.
[01:15:16.000 --> 01:15:22.000]  If they get the subject matter but not personal jurisdiction, the court is, the court.
[01:15:22.000 --> 01:15:27.000]  Since you're a commercial driver, you agree to the regulatory scheme.
[01:15:27.000 --> 01:15:33.000]  How do you go to a lack of in personum jurisdiction?
[01:15:33.000 --> 01:15:44.000]  Well, because I'm a commercial driver, well, once I reserve the right in the commercial instrument because there was no full disclosure there,
[01:15:44.000 --> 01:15:48.000]  that means I lose no rights under the Uniform Commercial Code.
[01:15:48.000 --> 01:15:59.000]  How do you reserve rights that you've already waived by entering into the commercial nexus?
[01:15:59.000 --> 01:16:08.000]  Okay, well, like on my license, okay, on my license, on my license, I sign, when you sign that instrument, so as you go in,
[01:16:08.000 --> 01:16:17.000]  you take the photo and everything and you sign that instrument, you agree to everything that is attached to that license.
[01:16:17.000 --> 01:16:24.000]  Well, on my license, I signed without prejudice UCC 1308.
[01:16:24.000 --> 01:16:27.000]  Then I attached my signature to it.
[01:16:27.000 --> 01:16:31.000]  That right there said I gave, that's where the effective trial case come in at.
[01:16:31.000 --> 01:16:44.000]  That right there said I gave up nothing if there was no full disclosure saying that what I'm losing for gaining to have this instrument.
[01:16:44.000 --> 01:16:49.000]  Okay, hang on, hang on, we're about to go to break.
[01:16:49.000 --> 01:16:53.000]  I've heard this before, but I've never found any backing.
[01:16:53.000 --> 01:17:00.000]  Hang on, Randy Kelton, we'll be right back.
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[01:17:49.000 --> 01:18:00.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
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[01:19:24.000 --> 01:19:47.000]  Okay, we are back.
[01:19:47.000 --> 01:19:53.000]  Randy Kelton, U of I Radio, here with Jeff Cedric and we're talking to Shane in Missouri.
[01:19:53.000 --> 01:19:57.000]  Okay, Shane, we're running out of time. We need to move quickly.
[01:19:57.000 --> 01:20:04.000]  Let me read UCC 308.
[01:20:04.000 --> 01:20:33.000]  The party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved, such words as without prejudice, under protest, or the like are sufficient.
[01:20:33.000 --> 01:20:36.000]  Okay.
[01:20:36.000 --> 01:20:44.000]  What rights are you preserving that you would otherwise lose?
[01:20:44.000 --> 01:20:48.000]  Right. Those rights would be the inalienable right to work.
[01:20:48.000 --> 01:20:56.000]  You have an inalienable right to work and provide as you see fit.
[01:20:56.000 --> 01:20:58.000]  Okay, hold on, hold on.
[01:20:58.000 --> 01:21:03.000]  Go ahead. Whoa, whoa, whoa. That's really, really vague.
[01:21:03.000 --> 01:21:08.000]  Okay, I'm the guy on the other side.
[01:21:08.000 --> 01:21:13.000]  How did we deny you in a right to work?
[01:21:13.000 --> 01:21:25.000]  Well, you're not denying me a right, but you're saying I need to have this instrument and I need to conform to your rules in order to provide.
[01:21:25.000 --> 01:21:32.000]  Yes, yes. And what you're doing is operating commercially on my highways.
[01:21:32.000 --> 01:21:40.000]  These are my highways and these are your highways and every private person's highways, they belong to us.
[01:21:40.000 --> 01:21:50.000]  But, and they're for our travel from place to place, but you want to use them for commercial purpose.
[01:21:50.000 --> 01:21:57.000]  And we say, okay, you can use them for commercial purpose if you agree to certain conditions.
[01:21:57.000 --> 01:22:13.000]  The state granted you the privilege to operate commercially on our highways under the condition that you agree to certain stipulations.
[01:22:13.000 --> 01:22:22.000]  How does, okay, when they write you a ticket, they're asserting that you breached their contract with you.
[01:22:22.000 --> 01:22:28.000]  So, I still don't understand what rights are set here, a security.
[01:22:28.000 --> 01:22:44.000]  Okay. Well, under that, it's like, okay, if there's no full disclosure, you're saying I'm giving me this contract that there's full disclosure.
[01:22:44.000 --> 01:22:53.000]  If I'm giving up something, I don't know I'm giving up and I go back and say, hold on, well, you didn't tell me that.
[01:22:53.000 --> 01:22:59.000]  That is your mistake right there.
[01:22:59.000 --> 01:23:06.000]  Right there on the counter at the Motor Vehicle Administration or DMV is the Uniform Motor Vehicle Code.
[01:23:06.000 --> 01:23:09.000]  It's right there in the book. It's not up to them to spoon feed it.
[01:23:09.000 --> 01:23:13.000]  It's up to you to read it. You just lost that argument.
[01:23:13.000 --> 01:23:22.000]  As long as the code is public, you have imputed knowledge of everything that's in the code.
[01:23:22.000 --> 01:23:24.000]  Okay. Go ahead.
[01:23:24.000 --> 01:23:27.000]  Okay.
[01:23:27.000 --> 01:23:39.000]  We're not trying to be difficult. We're not deliberately being pedantic, but when you get to points of law that can affect someone's liberty, we do have to be real careful.
[01:23:39.000 --> 01:23:42.000]  Right.
[01:23:42.000 --> 01:23:43.000]  Okay. Go ahead.
[01:23:43.000 --> 01:23:50.000]  I definitely understand where you come from. Don't get me wrong, y'all do great work, man.
[01:23:50.000 --> 01:23:56.000]  It's just that Randy didn't want you to think that we're just being a collection of hard cases.
[01:23:56.000 --> 01:24:05.000]  What we're basically telling you is that's going to be their point of view and it's actually right.
[01:24:05.000 --> 01:24:08.000]  Let me tell you about bill of exchange.
[01:24:08.000 --> 01:24:19.000]  I was called to go to New York once to get a guy out of a federal lockup because he had bought a Mercedes with a bill of exchange.
[01:24:19.000 --> 01:24:27.000]  Turned out he was right, but he still spent 60 days in a federal lockup.
[01:24:27.000 --> 01:24:39.000]  The only way he got out is I went down there and we essentially caught them back dating documents and they bumped him out right away just to get rid of him.
[01:24:39.000 --> 01:24:52.000]  This is serious business and so I'm real careful. I don't want to promote anything on this show that might end up getting someone in jail.
[01:24:52.000 --> 01:25:03.000]  You're winning these cases may simply be that these courts don't want to get in this fight.
[01:25:03.000 --> 01:25:12.000]  When you get to traffic courts, you got lawyers who if they were good lawyers, they'd be out making the big bucks.
[01:25:12.000 --> 01:25:17.000]  So they're generally not the sharpest knives in the door and they're not the most ambitious.
[01:25:17.000 --> 01:25:20.000]  They don't want to do any work.
[01:25:20.000 --> 01:25:23.000]  The main thing you're giving them is something they don't know about.
[01:25:23.000 --> 01:25:26.000]  They don't want to spend the time doing the research on it.
[01:25:26.000 --> 01:25:32.000]  They'd rather just dismiss this than go on to collect the easy money.
[01:25:32.000 --> 01:25:34.000]  Be careful what you depend on.
[01:25:34.000 --> 01:25:40.000]  Okay, right. That probably could be the possibility.
[01:25:40.000 --> 01:25:44.000]  I'm not saying that could be the possibility.
[01:25:44.000 --> 01:25:47.000]  I've applied this method quite a few times.
[01:25:47.000 --> 01:25:55.000]  Wait, wait. I am having a terrible time. I understand. You moved the mic a little further away from your mouth.
[01:25:55.000 --> 01:25:57.000]  Okay, can you hear me now?
[01:25:57.000 --> 01:26:00.000]  Oh, much better.
[01:26:00.000 --> 01:26:06.000]  I was saying I had a friend who was also in this field, and he got stuck in Illinois.
[01:26:06.000 --> 01:26:10.000]  And right then and there, he was overweighted.
[01:26:10.000 --> 01:26:14.000]  He was overweighted on an axle.
[01:26:14.000 --> 01:26:19.000]  And right there, he had to pay Illinois to think $800.
[01:26:19.000 --> 01:26:25.000]  And he called me up and he said, man, they're trying to get $800 out of me right now.
[01:26:25.000 --> 01:26:27.000]  They want me to give them a cop check.
[01:26:27.000 --> 01:26:28.000]  He said, what do I do?
[01:26:28.000 --> 01:26:34.000]  So right then and there, I told him, I said, well, they have an oath that they took it and everything.
[01:26:34.000 --> 01:26:41.000]  I said, they can't basically seize you, seize your property, or even hinder you from working.
[01:26:41.000 --> 01:26:43.000]  So I said, we want to go on that.
[01:26:43.000 --> 01:26:47.000]  We want to talk to them like they're human beings because they're just human beings in a uniform.
[01:26:47.000 --> 01:26:49.000]  So we want to reason with them.
[01:26:49.000 --> 01:26:55.000]  And they have to give you another remedy to basically take up your situation with the court.
[01:26:55.000 --> 01:27:00.000]  And I told them, once they give you that remedy to go before the court to take up your situation with the court,
[01:27:00.000 --> 01:27:03.000]  this is what you want to sign on that document.
[01:27:03.000 --> 01:27:08.000]  And you sign this on the document and everything, it'll be done.
[01:27:08.000 --> 01:27:10.000]  The document will be done for.
[01:27:10.000 --> 01:27:17.000]  So I said, but you want to get a paper in the mail, and it's called a redraft, recontract.
[01:27:17.000 --> 01:27:22.000]  Basically, they're going to be offering a redraft, recontract for you.
[01:27:22.000 --> 01:27:30.000]  And that's basically a sentence to the mail saying that you was put on notice, and we notified you.
[01:27:30.000 --> 01:27:33.000]  I heard your failure not to respond.
[01:27:33.000 --> 01:27:34.000]  It was basically a sentence.
[01:27:34.000 --> 01:27:37.000]  I said, they're going to send you something.
[01:27:37.000 --> 01:27:46.000]  I said, you're going to take that, and you're going to write on that paper, return it back to them and everything.
[01:27:46.000 --> 01:27:47.000]  So he did that.
[01:27:47.000 --> 01:27:52.000]  They sent us something, basically, they told me, they said, we can't do nothing with this document here.
[01:27:52.000 --> 01:28:02.000]  But if you want to, what is the word they use in court, if you want to debate or argue or something,
[01:28:02.000 --> 01:28:05.000]  I'm trying to think what they're trying to use.
[01:28:05.000 --> 01:28:07.000]  They told me it was more than welcome.
[01:28:07.000 --> 01:28:12.000]  So I told them to send the document back and basically tell them this.
[01:28:12.000 --> 01:28:16.000]  So the judge came back with one more document.
[01:28:16.000 --> 01:28:18.000]  One more document, he told me.
[01:28:18.000 --> 01:28:26.000]  He said, well, we see you, because first they were talking about they're going to basically suspend its license
[01:28:26.000 --> 01:28:28.000]  and put one out for threat.
[01:28:28.000 --> 01:28:30.000]  Then they come back, and I said that no more.
[01:28:30.000 --> 01:28:34.000]  So the judge said, well, we're going to move ex parte if you don't show up.
[01:28:34.000 --> 01:28:38.000]  So I told them, I said, send this notice and discharge near parent,
[01:28:38.000 --> 01:28:41.000]  and you're going to send these laws within that document.
[01:28:41.000 --> 01:28:47.000]  They're going to use their own state laws and the Supreme Court rulers against them.
[01:28:47.000 --> 01:28:52.000]  So we did that, and the whole situation went away.
[01:28:52.000 --> 01:28:59.000]  Well, again, I've been through this before, and most likely they just got tired of messing with it.
[01:28:59.000 --> 01:29:02.000]  It's costing them more money than they can make.
[01:29:02.000 --> 01:29:07.000]  And it's not because there's force of law behind what you're doing.
[01:29:07.000 --> 01:29:08.000]  Right.
[01:29:08.000 --> 01:29:12.000]  You're talking about these laws, and you're not stipulating them.
[01:29:12.000 --> 01:29:14.000]  So you've been a little bit cryptic.
[01:29:14.000 --> 01:29:17.000]  This is what I always get with the commercial process.
[01:29:17.000 --> 01:29:22.000]  I never get specifics on what's actually being done, so I can't analyze it.
[01:29:22.000 --> 01:29:24.000]  And yours is the same way.
[01:29:24.000 --> 01:29:28.000]  I can't analyze what you're doing because I'm not getting enough specifics.
[01:29:28.000 --> 01:29:30.000]  But I do really need to move along.
[01:29:30.000 --> 01:29:34.000]  I have Shane from New York, and he's been waiting.
[01:29:34.000 --> 01:29:38.000]  And he called earlier, and he has a topic that we want to give to him.
[01:29:38.000 --> 01:29:41.000]  We've got two segments left.
[01:29:41.000 --> 01:29:43.000]  Can you call back in next week?
[01:29:43.000 --> 01:29:46.000]  You called him earlier, and we can spend more time on this.
[01:29:46.000 --> 01:29:47.000]  Yeah.
[01:29:47.000 --> 01:29:50.000]  But can I send you some documents that I've done and everything?
[01:29:50.000 --> 01:29:53.000]  Yes, absolutely.
[01:29:53.000 --> 01:29:54.000]  Okay.
[01:29:54.000 --> 01:29:55.000]  Okay. Thank you, Shane.
[01:29:55.000 --> 01:29:58.000]  This is Randy Kelton here with Jeff Sedgwick.
[01:29:58.000 --> 01:30:04.000]  We'll be right back.
[01:30:28.000 --> 01:30:33.000]  Check your rights, say no to surveillance, and keep your information to yourself.
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[01:31:00.000 --> 01:31:02.000]  by reading all their tweets.
[01:31:02.000 --> 01:31:07.000]  And with just one tweet, 140 tiny characters, they get it right two times out of three.
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[01:33:12.000 --> 01:33:33.000]  OK, we are back.
[01:33:33.000 --> 01:33:37.000]  We're having way too much fun on the break at our producer's expense.
[01:33:37.000 --> 01:33:43.000]  This is Randy Kelton, there's Cedric, we love our radio, and we're going to Shane in New York.
[01:33:43.000 --> 01:33:47.000]  Hello, Mr. Shane.
[01:33:47.000 --> 01:33:49.000]  OK, keep going.
[01:33:49.000 --> 01:33:50.000]  Good morning.
[01:33:50.000 --> 01:33:53.000]  You're breaking up just a little bit.
[01:33:53.000 --> 01:33:56.000]  OK, what do you have for us today?
[01:33:56.000 --> 01:34:00.000]  You've been a busy camper.
[01:34:00.000 --> 01:34:01.000]  OK.
[01:34:01.000 --> 01:34:04.000]  Anyways, Tom, how's that reception now, Randy?
[01:34:04.000 --> 01:34:06.000]  Much better.
[01:34:06.000 --> 01:34:07.000]  OK.
[01:34:07.000 --> 01:34:14.000]  Well, anyways, I was wanting to define, you know, the signings here in the Second Circuit, as of today.
[01:34:14.000 --> 01:34:16.000]  OK, hold on, Shane.
[01:34:16.000 --> 01:34:19.000]  Move the mic a little further from your mouth.
[01:34:19.000 --> 01:34:21.000]  OK, how's that?
[01:34:21.000 --> 01:34:24.000]  That's better.
[01:34:24.000 --> 01:34:27.000]  OK, can I see one, two, three?
[01:34:27.000 --> 01:34:28.000]  Much better.
[01:34:28.000 --> 01:34:31.000]  You're not distorting quite so bad.
[01:34:31.000 --> 01:34:33.000]  OK, wonderful.
[01:34:33.000 --> 01:34:40.000]  Anyways, last week we were talking about the Rooker Fieldman doctor.
[01:34:40.000 --> 01:34:43.000]  Yes.
[01:34:43.000 --> 01:34:52.000]  Would that be the same as the Rooker Feldman doctor?
[01:34:52.000 --> 01:34:54.000]  Jeff, he's from New York.
[01:34:54.000 --> 01:34:57.000]  He talks funny.
[01:34:57.000 --> 01:34:59.000]  OK, we're just picking on you, Shane.
[01:34:59.000 --> 01:35:02.000]  Go ahead.
[01:35:02.000 --> 01:35:10.000]  It's called a Rooker Feldman doctor, where it fires the state court judgments to be heard in the federal court,
[01:35:10.000 --> 01:35:12.000]  except for the exception of fraud.
[01:35:12.000 --> 01:35:18.000]  And there's definitely a huge split here in the Second Circuit Court of Appeals.
[01:35:18.000 --> 01:35:21.000]  It does not have a fraud exception.
[01:35:21.000 --> 01:35:25.000]  I'm not sure if you, Randy, we briefly talked about that last week, Friday.
[01:35:25.000 --> 01:35:27.000]  We were on the same time.
[01:35:27.000 --> 01:35:34.000]  And we briefly touched on the 2005 mobile lifetime case.
[01:35:34.000 --> 01:35:37.000]  Jeff, you sent me a document on that.
[01:35:37.000 --> 01:35:43.000]  Did you send him the Rooker Feldman update that I sent to you?
[01:35:43.000 --> 01:35:44.000]  No, I didn't.
[01:35:44.000 --> 01:35:46.000]  And I told him I would.
[01:35:46.000 --> 01:35:48.000]  And it's my bad.
[01:35:48.000 --> 01:35:50.000]  Matter of fact, while you're talking, I'll do it right now.
[01:35:50.000 --> 01:35:53.000]  Shane, do I have an email on you?
[01:35:53.000 --> 01:35:57.000]  Yeah, Randy, I just emailed you about an hour ago.
[01:35:57.000 --> 01:35:59.000]  It's in the subject line.
[01:35:59.000 --> 01:36:00.000]  You'll have my name.
[01:36:00.000 --> 01:36:03.000]  It says Rooker Feldman Doctrine.
[01:36:03.000 --> 01:36:06.000]  I just sent you about an hour ago.
[01:36:06.000 --> 01:36:07.000]  OK.
[01:36:07.000 --> 01:36:09.000]  I do want to let you know my findings.
[01:36:09.000 --> 01:36:11.000]  It's very interesting.
[01:36:11.000 --> 01:36:15.000]  OK, I do not see it here.
[01:36:15.000 --> 01:36:20.000]  I sometimes have trouble getting documents.
[01:36:20.000 --> 01:36:24.000]  OK, well, I can always resend them when we're done with the show, Randy.
[01:36:24.000 --> 01:36:28.000]  OK, then do you have Skype?
[01:36:28.000 --> 01:36:30.000]  Yes, I do.
[01:36:30.000 --> 01:36:35.000]  OK, do you have a link to my Skype?
[01:36:35.000 --> 01:36:40.000]  I don't know your Skype, but I will email you.
[01:36:40.000 --> 01:36:46.000]  Skype is great because you can send files on Skype you can't send on email.
[01:36:46.000 --> 01:36:53.000]  And if both of us are on Skype, you can drop it into Skype and I can pick it up immediately.
[01:36:53.000 --> 01:36:54.000]  OK, how's the reception?
[01:36:54.000 --> 01:36:56.000]  Am I coming in OK?
[01:36:56.000 --> 01:36:57.000]  You're coming in pretty good.
[01:36:57.000 --> 01:37:03.000]  You might move the mic a little further from your mouth so we get a little less distortion.
[01:37:03.000 --> 01:37:04.000]  OK, all right.
[01:37:04.000 --> 01:37:10.000]  So anyways, the Second Circuit, which is New York with the United States,
[01:37:10.000 --> 01:37:16.000]  is here today.
[01:37:16.000 --> 01:37:22.000]  And the issue is noting the split on the exception of the Rupert Sullivan Doctrine
[01:37:22.000 --> 01:37:26.000]  where the underlying state court judgment was void for lack of jurisdiction,
[01:37:26.000 --> 01:37:29.000]  but declined to decide the issue of any court or couple of cases.
[01:37:29.000 --> 01:37:33.000]  No section for judgment produced by fraud or default judgements.
[01:37:33.000 --> 01:37:34.000]  That's in the Second Circuit.
[01:37:34.000 --> 01:37:38.000]  So it's kind of like a discretionary issue with the District Court.
[01:37:38.000 --> 01:37:39.000]  OK, hold on.
[01:37:39.000 --> 01:37:45.000]  Are you on a phone or are you on a computer mic?
[01:37:45.000 --> 01:37:48.000]  No, I'm on my cell phone outside.
[01:37:48.000 --> 01:37:54.000]  OK, then move the mic down under your chin slightly.
[01:37:54.000 --> 01:38:00.000]  Yeah, he's actually I think, Randy, he's actually breaking up radio signal wise.
[01:38:00.000 --> 01:38:04.000]  Well, it sounds like he's booming into the mic and the mic is breaking off.
[01:38:04.000 --> 01:38:08.000]  So it's flattening out and giving him a distortion.
[01:38:08.000 --> 01:38:15.000]  And what I'm hearing is it sounds like he's trying to talk underwater.
[01:38:15.000 --> 01:38:21.000]  OK, Shane, do you have your head in the toilet?
[01:38:21.000 --> 01:38:24.000]  OK, go ahead.
[01:38:24.000 --> 01:38:27.000]  OK, so that's what I really wanted to tell you.
[01:38:27.000 --> 01:38:31.000]  But at the end of the order, what was really fascinating is I found this order
[01:38:31.000 --> 01:38:35.000]  in front of the same judge that made this order back in 2012.
[01:38:35.000 --> 01:38:39.000]  Shane, stop. Shane, stop.
[01:38:39.000 --> 01:38:44.000]  Need for you to speak slower.
[01:38:44.000 --> 01:38:46.000]  That's part of the problem.
[01:38:46.000 --> 01:38:54.000]  You're talking faster than I can listen.
[01:38:54.000 --> 01:38:57.000]  Is he talking at all now?
[01:38:57.000 --> 01:39:02.000]  I'll go ahead and just quote what this judge said really quick.
[01:39:02.000 --> 01:39:05.000]  OK, go ahead, Shane.
[01:39:05.000 --> 01:39:10.000]  OK, although the claims were never presented in the state court proceedings
[01:39:10.000 --> 01:39:13.000]  and the plaintiff did not have an opportunity to present those claims in the proceedings,
[01:39:13.000 --> 01:39:23.000]  the claims are not interwineable and therefore are not barred at the Rupert Stoneman doctor.
[01:39:23.000 --> 01:39:26.000]  And therefore, it opens up the door for jurisdiction.
[01:39:26.000 --> 01:39:33.000]  OK, did you say the claims are not, what, entwineable?
[01:39:33.000 --> 01:39:39.000]  Yes, it says interwine.
[01:39:39.000 --> 01:39:44.000]  OK, so I guess he means that the claims are separate.
[01:39:44.000 --> 01:39:49.000]  They're not entwined together.
[01:39:49.000 --> 01:39:58.000]  Correct, and we briefly talked last week that the two issues were too late in the auction
[01:39:58.000 --> 01:39:59.000]  and are already in place.
[01:39:59.000 --> 01:40:03.000]  And those two issues were, they found a note, Wells Fargo had it,
[01:40:03.000 --> 01:40:09.000]  and they re-recorded the documents about two weeks before they filed a foreclosure proceeding.
[01:40:09.000 --> 01:40:15.000]  And those issues were never raised in the state court because we never knew about it until William McCaffrey
[01:40:15.000 --> 01:40:20.000]  came back with his affidavits and his forensic and his investigation on the mortgage.
[01:40:20.000 --> 01:40:24.000]  So they were too late.
[01:40:24.000 --> 01:40:28.000]  Wait a minute, why were you too late?
[01:40:28.000 --> 01:40:32.000]  It was too late to proceed in the state court because of the auction already took place.
[01:40:32.000 --> 01:40:34.000]  We got all these affidavits under the...
[01:40:34.000 --> 01:40:37.000]  Are you a judicial state?
[01:40:37.000 --> 01:40:38.000]  Yes.
[01:40:38.000 --> 01:40:42.000]  New York.
[01:40:42.000 --> 01:40:47.000]  New York is no, I think.
[01:40:47.000 --> 01:40:54.000]  The only reason why I'm mentioning this is because this might open up the door for the federal courts to hear.
[01:40:54.000 --> 01:40:57.000]  Are you a judicial state, sir?
[01:40:57.000 --> 01:40:58.000]  Yes.
[01:40:58.000 --> 01:41:04.000]  You are in a judicial state where they actually have to sue for foreclosure.
[01:41:04.000 --> 01:41:06.000]  Right, New York.
[01:41:06.000 --> 01:41:14.000]  We would vacate to judgment.
[01:41:14.000 --> 01:41:15.000]  Gotcha.
[01:41:15.000 --> 01:41:16.000]  Okay.
[01:41:16.000 --> 01:41:19.000]  Explain how we would vacate to judgment.
[01:41:19.000 --> 01:41:30.000]  There was a material evidence that was withheld.
[01:41:30.000 --> 01:41:33.000]  Gotcha.
[01:41:33.000 --> 01:41:37.000]  And the other side knew about it.
[01:41:37.000 --> 01:41:45.000]  The only reason why I bring this up, Randy, is because it's going to be heard probably within the next few weeks of the federal report.
[01:41:45.000 --> 01:41:50.000]  So you got to go ahead on your case.
[01:41:50.000 --> 01:41:53.000]  Yes, we're moving forward in the federal suit and I did file that motion.
[01:41:53.000 --> 01:41:57.000]  Remember last week we talked about this motion for sure reply?
[01:41:57.000 --> 01:41:59.000]  Right.
[01:41:59.000 --> 01:42:12.000]  And that was filed on Wednesday. I didn't get anything from Randy so I went ahead with the external mobile case from 2005 that basically fraud voids out the doctor.
[01:42:12.000 --> 01:42:17.000]  Listen, do not make statements like basically.
[01:42:17.000 --> 01:42:22.000]  There's no such thing as basically when it comes to cases.
[01:42:22.000 --> 01:42:25.000]  Factually, what occurred?
[01:42:25.000 --> 01:42:32.000]  Okay, well it's in. So I don't know how to hold it off but I'm not an attorney but I did it. I got the motion in. I sent it to Randy. I know I did it.
[01:42:32.000 --> 01:42:33.000]  Okay.
[01:42:33.000 --> 01:42:38.000]  It's in. So we got it in and it's there sitting on the docket.
[01:42:38.000 --> 01:42:41.000]  So how long has it been in the hands of the court?
[01:42:41.000 --> 01:42:43.000]  Since Wednesday.
[01:42:43.000 --> 01:42:52.000]  Okay. And did you get any kind of an anticipated date of decision?
[01:42:52.000 --> 01:42:53.000]  No, nothing.
[01:42:53.000 --> 01:42:59.000]  So right now you're playing the old sit wait pick your nose game.
[01:42:59.000 --> 01:43:08.000]  Not yet. That's another issue I was going to raise is that I wanted to call the court and set up a hearing.
[01:43:08.000 --> 01:43:11.000]  For what?
[01:43:11.000 --> 01:43:14.000]  He has a motion before the court and wants to get it put on for you.
[01:43:14.000 --> 01:43:15.000]  Okay.
[01:43:15.000 --> 01:43:18.000]  So they don't sit on it.
[01:43:18.000 --> 01:43:21.000]  Is this federal court?
[01:43:21.000 --> 01:43:23.000]  Federal court.
[01:43:23.000 --> 01:43:25.000]  Federal court?
[01:43:25.000 --> 01:43:27.000]  Yes.
[01:43:27.000 --> 01:43:31.000]  Don't let you know.
[01:43:31.000 --> 01:43:35.000]  Okay. Yeah, the state court's been horrible by the way.
[01:43:35.000 --> 01:43:39.000]  The state court you have to schedule for hearing.
[01:43:39.000 --> 01:43:43.000]  Right.
[01:43:43.000 --> 01:43:45.000]  Federal court will let you know.
[01:43:45.000 --> 01:43:50.000]  Check your local rules but I think you'll find that's accurate.
[01:43:50.000 --> 01:43:56.000]  Okay, thank you guys.
[01:43:56.000 --> 01:44:00.000]  Okay, we had, we spoke to the state court.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Sorry.
[01:44:05.000 --> 01:44:08.000]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:08.000 --> 01:44:09.000]  What?
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[01:46:22.000 --> 01:46:44.000]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're here with Mr. Jeff Sedgwick.
[01:46:44.000 --> 01:46:52.000]  And for this last segment, we're going to talk about a case that goes to who is a debt collector.
[01:46:52.000 --> 01:46:55.000]  You want to pick it up, Mr. Jess?
[01:46:55.000 --> 01:47:08.000]  Well, this had to do with a case where Capital One had purchased credit card accounts from HSBC,
[01:47:08.000 --> 01:47:17.000]  some of which had been reduced to judgment, some were in default, and there were some still operational balanced intact accounts.
[01:47:17.000 --> 01:47:28.000]  And Capital One set about doing debt collection on the default account in this case, Mr. Davidson's account,
[01:47:28.000 --> 01:47:40.000]  and they engaged in violative behavior. They violated the FTCPA, so they sued them under the FTCPA.
[01:47:40.000 --> 01:47:51.000]  And the district court, in which he found the case, dismissed it because they said that Capital One was not a debt collector,
[01:47:51.000 --> 01:48:00.000]  Capital One was a creditor. He appealed the case to the 11th Circuit, and basically the 11th Circuit said the same thing.
[01:48:00.000 --> 01:48:11.000]  And then the CFPB files in an amicus brief into the 11th Circuit requesting that they reopen and re-hear the case.
[01:48:11.000 --> 01:48:17.000]  And just to give you an example of the strength of their documentation, Randy,
[01:48:17.000 --> 01:48:25.000]  under reasons for granting the re-hearing in bank, the question presented here is exceptionally important,
[01:48:25.000 --> 01:48:34.000]  and the panel incorrectly decided it in conflict with the decisions of four other courts of appeals.
[01:48:34.000 --> 01:48:38.000]  Do you hear them say you're wrong?
[01:48:38.000 --> 01:48:40.000]  Sounds pretty clear.
[01:48:40.000 --> 01:48:47.000]  The panel's decision both eliminates critical consumer protection features of the FTCPA
[01:48:47.000 --> 01:49:05.000]  and, by nullifying key statutory exceptions, unwillingly extends the FTCPA's requirements to businesses that Congress meant to exclude.
[01:49:05.000 --> 01:49:12.000]  The panel decision creates these anomalies in a region of our country to the territory covered by this circuit
[01:49:12.000 --> 01:49:20.000]  that is disproportionately subject to abusive debt collection practices. This case thus warrants a re-hearing in bank.
[01:49:20.000 --> 01:49:26.000]  Now, that is fairly strong language.
[01:49:26.000 --> 01:49:42.000]  And one of the things that they're concerned about is, well, if capital one can keep itself in a creditor status when it binds to fall to debt,
[01:49:42.000 --> 01:49:52.000]  then all Midland needs to do, or portfolio recovery, is open a small subdivision to extend credit.
[01:49:52.000 --> 01:50:02.000]  And then when they buy their portfolios of several million dollars' worth of accounts and add them to their inventory,
[01:50:02.000 --> 01:50:10.000]  it will say that, well, we're collecting our own debt. We have an account number for these debts.
[01:50:10.000 --> 01:50:18.000]  Therefore, you can't touch us. We're a creditor.
[01:50:18.000 --> 01:50:24.000]  And that's what they do not want to have happen.
[01:50:24.000 --> 01:50:28.000]  And so that would be false and misleading.
[01:50:28.000 --> 01:50:37.000]  Oh, yes. Well, they did use those expressions, false and misleading, into their consent orders with Midland and portfolio recovery,
[01:50:37.000 --> 01:50:43.000]  which I just felt validated up one side and down the other when I heard that.
[01:50:43.000 --> 01:50:49.000]  And then also in both those decisions that go into, and you've heard me say this before,
[01:50:49.000 --> 01:51:03.000]  that the affiant is not affirmatively identified. The affiant does not have account-level information.
[01:51:03.000 --> 01:51:06.000]  All they have is a spreadsheet.
[01:51:06.000 --> 01:51:20.000]  Well, the only person, if you can use the word person for a company, that can have account-level information is the creditor,
[01:51:20.000 --> 01:51:26.000]  or in the case of mortgages, the servicer.
[01:51:26.000 --> 01:51:30.000]  But then again, there might be reasons to challenge that, too,
[01:51:30.000 --> 01:51:41.000]  because if they bought it from somebody else, who's to say that the information they got from somebody else was accurate?
[01:51:41.000 --> 01:51:43.000]  Make sense?
[01:51:43.000 --> 01:51:51.000]  So they're, okay, I'm thinking back to how they did it, the whole debt validated.
[01:51:51.000 --> 01:52:03.000]  Let me go back and show the first payment, all the payments, all the credits, all the debits to this point in order to validate the debt.
[01:52:03.000 --> 01:52:17.000]  If I remember the case law right, there's nothing specified that they have to give you under the demand for debt validation.
[01:52:17.000 --> 01:52:21.000]  Whatever they give you, you have to be able to calculate the entire debt.
[01:52:21.000 --> 01:52:23.000]  Right.
[01:52:23.000 --> 01:52:38.000]  So we have some foreclosure issues here where we do a debt validation and we get what the current servicer has.
[01:52:38.000 --> 01:52:47.000]  I have an 06 note under debt validation. They sent me a spreadsheet that goes back to 2012.
[01:52:47.000 --> 01:52:51.000]  Oh, wait a minute. Wait a moment.
[01:52:51.000 --> 01:53:00.000]  You know, if it goes back to 2012 and that is supposedly when they received the assignment, where did they get the base figure from?
[01:53:00.000 --> 01:53:03.000]  That's what I want to know.
[01:53:03.000 --> 01:53:12.000]  So I can't validate the debt from what they sent me and then they sent a document that's so cryptic it doesn't make sense at all.
[01:53:12.000 --> 01:53:26.000]  So I have to send back and ask them for a key to show what all of their acronyms they're using in there are all mean because they don't make any sense.
[01:53:26.000 --> 01:53:33.000]  The numbers don't seem to make sense. And every one we're getting, I've yet to get one that I can make sense of.
[01:53:33.000 --> 01:53:36.000]  And it's as if they're doing that deliberately.
[01:53:36.000 --> 01:53:37.000]  Right.
[01:53:37.000 --> 01:53:42.000]  They send you a file with a whole bunch of numbers on it, but you have no idea what they are.
[01:53:42.000 --> 01:53:52.000]  The one thing that I keep not being able to validate and I can't imagine that it's only in foreclosure issues.
[01:53:52.000 --> 01:53:59.000]  It almost certainly is with credit issues otherwise is I have a note here.
[01:53:59.000 --> 01:54:16.000]  But in this note, the borrower agreed to pay a specified principal over a certain time period at a specified interest rate.
[01:54:16.000 --> 01:54:17.000]  Okay.
[01:54:17.000 --> 01:54:24.000]  And that included a agreed payment amount of principal and interest.
[01:54:24.000 --> 01:54:25.000]  Right.
[01:54:25.000 --> 01:54:27.000]  Okay. Got that on the note.
[01:54:27.000 --> 01:54:33.000]  I look at the truth and leaning statement and it doesn't look anything like this.
[01:54:33.000 --> 01:54:35.000]  Have you ever found one that did?
[01:54:35.000 --> 01:54:41.000]  Yes. I found probably five.
[01:54:41.000 --> 01:54:42.000]  Out of how many?
[01:54:42.000 --> 01:54:53.000]  Out of hundreds. On this particular case, they agreed to pay $927.
[01:54:53.000 --> 01:55:02.000]  When I amortized the note, it came out to $998.
[01:55:02.000 --> 01:55:13.000]  Well, you know, one of the problems you have with that is there might be a half a dozen different algorithms that could be used to calculate principal and interest.
[01:55:13.000 --> 01:55:23.000]  Yeah. Well, no, there's only, actually, there's only one way to do that on a fixed rate note.
[01:55:23.000 --> 01:55:29.000]  No, actually, there are several. There's about a half a dozen different problems you could use.
[01:55:29.000 --> 01:55:38.000]  If they come up with a different number, there's one way to do it that gives the exact number.
[01:55:38.000 --> 01:55:39.000]  Okay.
[01:55:39.000 --> 01:55:45.000]  Multiply the principal times the interest rate divided by 12.
[01:55:45.000 --> 01:55:48.000]  That gives me the interest for this month.
[01:55:48.000 --> 01:56:03.000]  I take the, from that, well, okay, it's a little more complex than that to do the whole full amortization, but it almost has to come out to the same number.
[01:56:03.000 --> 01:56:08.000]  The only way to run that 30 years is to come to zero the note.
[01:56:08.000 --> 01:56:09.000]  Right.
[01:56:09.000 --> 01:56:23.000]  So it's going to, even if it's different, it's going to be within pennies based on rounding, but $927 to $998, that's 50 bucks a month.
[01:56:23.000 --> 01:56:24.000]  Yeah.
[01:56:24.000 --> 01:56:26.000]  That's going to be a lot of money in 30 years.
[01:56:26.000 --> 01:56:32.000]  And what's going to happen is you're going to pay what you agreed to for 30 years.
[01:56:32.000 --> 01:56:42.000]  Or you're going to pay what you agreed to for a number of years, and then you're going to have a financial shortfall and you'll be late a couple of months.
[01:56:42.000 --> 01:56:48.000]  And then the bank will come to you and say, oh my goodness, bank error.
[01:56:48.000 --> 01:56:53.000]  You owe us 30 grand or we're going to foreclose tomorrow.
[01:56:53.000 --> 01:56:58.000]  I learned to look for this from clients telling me this is exactly what happened.
[01:56:58.000 --> 01:57:02.000]  They had all their payments up to date, the bank made a mistake, didn't charge them enough.
[01:57:02.000 --> 01:57:08.000]  And as soon as their slow pay a couple of times, bam, they come in and drop the bomb on them.
[01:57:08.000 --> 01:57:20.000]  But when I ran the truth and lending statement, it came out to $1,900, $1,000 more.
[01:57:20.000 --> 01:57:21.000]  Yeah.
[01:57:21.000 --> 01:57:26.000]  So where are they getting these numbers?
[01:57:26.000 --> 01:57:35.000]  When they send a statement every month, where are these guys getting the numbers to put them on that statement?
[01:57:35.000 --> 01:57:44.000]  And when you put these fees on there, what are these fees and where did I agree to these fees?
[01:57:44.000 --> 01:57:56.000]  I'm struggling to try to get all this sorted out and figure out a way that I can look at what they send me and validate the debt.
[01:57:56.000 --> 01:58:00.000]  I've not been able to do a single one yet.
[01:58:00.000 --> 01:58:07.000]  As I think they just jerry-rigged the numbers, it's an easy thing to charge you 50 cents a dollar every month.
[01:58:07.000 --> 01:58:09.000]  You'd never notice it.
[01:58:09.000 --> 01:58:13.000]  With thousands of accounts, that comes out to a major fortune.
[01:58:13.000 --> 01:58:15.000]  You are out of time.
[01:58:15.000 --> 01:58:18.000]  Thank you very much, Mr. Jeff.
[01:58:18.000 --> 01:58:21.000]  I know it's your advanced age.
[01:58:21.000 --> 01:58:23.000]  It's past your bedtime.
[01:58:23.000 --> 01:58:26.000]  Because at my advanced age, it's past mine.
[01:58:26.000 --> 01:58:28.000]  Thank you all for listening.
[01:58:28.000 --> 01:58:39.000]  We will be back next week, Thursday at 8 o'clock Central, Friday at 8 to 10, and Friday 8 to midnight.
[01:58:39.000 --> 01:58:42.000]  Make sure you listen to Eddie's Traffic Show Monday.
[01:58:42.000 --> 01:58:45.000]  Thank you for listening, and good night.
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