[00:00.000 --> 00:05.000]  The following news flash is brought to you by the Lone Star Lowdown.
[00:05.000 --> 00:08.000]  Providing your daily bulletins for the commodities market.
[00:08.000 --> 00:10.000]  Today in history.
[00:10.000 --> 00:12.000]  News updates.
[00:12.000 --> 00:21.000]  And the inside scoop into the tides of the alternative.
[00:21.000 --> 00:27.000]  Markets for the 30th of October, 2015 opened up with gold at $1,141.72 an ounce,
[00:27.000 --> 00:32.000]  silver $15.54 an ounce, Texas crude $46.06 a barrel,
[00:32.000 --> 00:43.000]  and Bitcoin is currently sitting at about $322 U.S. currency.
[00:43.000 --> 00:47.000]  Today in history. Monday, October 30th, 1961.
[00:47.000 --> 00:53.000]  Soviet Union tests the 58-megaton hydrogen bomb, the AN-602, nicknamed the Tsar Bomba.
[00:53.000 --> 01:02.000]  It remains the most powerful man-made explosion on earth in human history.
[01:02.000 --> 01:06.000]  In recent news, China has officially ended the largest eugenics program in human history.
[01:06.000 --> 01:09.000]  The People's Republic will be abandoning their infamous one-child policy
[01:09.000 --> 01:14.000]  in order to encourage much-needed population growth for one of the world's biggest economies.
[01:14.000 --> 01:18.000]  Strict reproduction controls were introduced by Deng Xiaoping in 1979.
[01:18.000 --> 01:23.000]  Since then, the working age of the population shrank last year for the first time in two decades,
[01:23.000 --> 01:27.000]  and like the United States, they are facing a senior citizen crisis
[01:27.000 --> 01:30.000]  since the population of those being retired is growing.
[01:30.000 --> 01:34.000]  The Communist Party's Central Committee decision to allow couples to have two children
[01:34.000 --> 01:37.000]  was revealed by Zane Howell News, sourcing a document released
[01:37.000 --> 01:40.000]  at the end of a multi-day party policy meeting in Beijing.
[01:40.000 --> 01:44.000]  The Communist Party Communique did state that the government would want to continue control
[01:44.000 --> 01:53.000]  and managing of family planning decisions despite the change.
[01:53.000 --> 01:56.000]  The Tor project has launched its first beta version of Tor Messenger,
[01:56.000 --> 01:59.000]  its long-awaited open-source instant messaging app.
[01:59.000 --> 02:03.000]  The app integrates the off-the-record, or OTR, protocol to encrypt messages
[02:03.000 --> 02:07.000]  and wraps them over Tor just as smoothly as the Tor browser does for the web.
[02:07.000 --> 02:11.000]  It's also compatible with the same XMPP, or Chabber, chat protocol
[02:11.000 --> 02:14.000]  used by millions of Facebook and Google accounts,
[02:14.000 --> 02:18.000]  as well as desktop clients ADM for Mac and Pidgin for Windows.
[02:18.000 --> 02:21.000]  The result? Well, anyone can download the software
[02:21.000 --> 02:25.000]  and in a mere seconds start sending messages to their pre-existing contacts
[02:25.000 --> 02:28.000]  that are strongly encrypted and dispersed through Tor's maze
[02:28.000 --> 02:31.000]  of volunteer networked computers around the world.
[02:31.000 --> 02:33.000]  Tor Messenger is in beta at the moment,
[02:33.000 --> 02:36.000]  however its developers are welcoming the open-source community
[02:36.000 --> 02:38.000]  to scrutinize the software for bugs and glitches.
[02:38.000 --> 02:41.000]  After some auditing and patchwork, Tor Messenger is set to become
[02:41.000 --> 02:53.000]  a powerful and popular tool for instant dummy-proof, NSA and hacker-proof communications.
[02:53.000 --> 03:16.000]  This has been your Lowdown for October 30th, 2015.
[03:16.000 --> 03:27.000]  Okay, we are back, Randy Kelton, rule of law radio,
[03:27.000 --> 03:29.000]  and talking to Jan in Arizona.
[03:29.000 --> 03:32.000]  And Jan, we have spent a lot of time on this.
[03:32.000 --> 03:39.000]  And the reason is, it's my favorite subject.
[03:39.000 --> 03:42.000]  It's what this show is about.
[03:42.000 --> 03:50.000]  If we can get, if I can get one or two people in every county to understand this process,
[03:50.000 --> 03:53.000]  we could change everything.
[03:53.000 --> 03:56.000]  We have really hammered judges.
[03:56.000 --> 04:02.000]  And you start doing this, they're going to do everything they can
[04:02.000 --> 04:07.000]  to not let you know how effective you are.
[04:07.000 --> 04:09.000]  Great.
[04:09.000 --> 04:12.000]  I've been doing this a long time and I have a JP here,
[04:12.000 --> 04:15.000]  who used to be the JP, he's retired,
[04:15.000 --> 04:23.000]  but I considered that he would do what he believed was right if it hair-lipped the Pope.
[04:23.000 --> 04:28.000]  And we were personal friends and I went to see him one day and he said,
[04:28.000 --> 04:31.000]  Mr. Kelton, you know, you're getting rather famous in Texas.
[04:31.000 --> 04:34.000]  I said, ooh, is that a good thing?
[04:34.000 --> 04:37.000]  He said, no, I don't think so.
[04:37.000 --> 04:42.000]  He said that he went to Austin for some continuing,
[04:42.000 --> 04:46.000]  now I'm about 200 miles from Austin.
[04:46.000 --> 04:49.000]  And when he got there, they found out he was from Boyd
[04:49.000 --> 04:54.000]  and all they wanted to do was talk about me.
[04:54.000 --> 04:57.000]  And he said, they asked if I was crazy.
[04:57.000 --> 04:59.000]  I said, what did you tell him, Mark?
[04:59.000 --> 05:02.000]  Oh, yeah, he's crazy.
[05:02.000 --> 05:05.000]  But don't mess with him, he knows his law.
[05:05.000 --> 05:11.000]  But when you hammer one of these guys, everybody finds out about it,
[05:11.000 --> 05:16.000]  especially when you hammer them on point of the law,
[05:16.000 --> 05:20.000]  because the first thing they do is go to these training people
[05:20.000 --> 05:22.000]  and ask them what is going on here.
[05:22.000 --> 05:24.000]  You guys trained me to do this this way,
[05:24.000 --> 05:27.000]  now I've got this guy trying to get me arrested.
[05:27.000 --> 05:29.000]  What is going on?
[05:29.000 --> 05:33.000]  They need somebody to explain it and everybody finds out about it.
[05:33.000 --> 05:36.000]  All these JPs talk to each other.
[05:36.000 --> 05:40.000]  So if we can get two or three people in every county doing it,
[05:40.000 --> 05:42.000]  we'll really make a difference.
[05:42.000 --> 05:48.000]  And you will get them, the primary thing you can do is give the court
[05:48.000 --> 05:52.000]  a reason to rid of you.
[05:52.000 --> 05:58.000]  And the only way to get rid of you is give you what you want.
[05:58.000 --> 06:05.000]  It's all about politics, your lawyer is not going to come into court
[06:05.000 --> 06:12.000]  and vigorously adjudicate your rights if there's any chance it will annoy the judge.
[06:12.000 --> 06:14.000]  Now, that may not be right,
[06:14.000 --> 06:18.000]  but that's how it works in the world you and I live in.
[06:18.000 --> 06:20.000]  Yeah.
[06:20.000 --> 06:22.000]  They're terrified of judges.
[06:22.000 --> 06:26.000]  They're terrified of making a mistake.
[06:26.000 --> 06:31.000]  The thing, one of the things they fear the most is missing something.
[06:31.000 --> 06:36.000]  So if you try to get a lawyer to do something he doesn't do all the time,
[06:36.000 --> 06:40.000]  he absolutely will refuse.
[06:40.000 --> 06:42.000]  It's not because it isn't right,
[06:42.000 --> 06:46.000]  and it's not because he doesn't have all of the research,
[06:46.000 --> 06:48.000]  he's just not certain.
[06:48.000 --> 06:50.000]  If you pay to have a bankruptcy,
[06:50.000 --> 06:55.000]  they'll charge you about two and a half to $3,000.
[06:55.000 --> 06:59.000]  And the lawyer has a set of things he's going to do.
[06:59.000 --> 07:01.000]  And when he's done with that,
[07:01.000 --> 07:09.000]  he's going to get the lawyer for one of the creditors to move to dismiss the bankruptcy,
[07:09.000 --> 07:12.000]  and he's going to tell you you don't need to come to court,
[07:12.000 --> 07:19.000]  and he's going to go to court and agree with the dismissal of the bankruptcy.
[07:19.000 --> 07:23.000]  He's going to throw you under the bus.
[07:23.000 --> 07:29.000]  When he's done what he planned to do to start with,
[07:29.000 --> 07:31.000]  and he gets all of that done, he's finished,
[07:31.000 --> 07:34.000]  he's going to throw you under the bus.
[07:34.000 --> 07:36.000]  They do it every time.
[07:36.000 --> 07:38.000]  So your lawyer is not there to adjudicate your case.
[07:38.000 --> 07:43.000]  The only way you're going to get your lawyer to vigorously adjudicate your case
[07:43.000 --> 07:47.000]  is to give him plausible deniability.
[07:47.000 --> 07:55.000]  And fortunately or unfortunately, the way you give your lawyer plausible deniability
[07:55.000 --> 08:03.000]  is you kick him right square in his professional pants.
[08:03.000 --> 08:08.000]  The way to understand this is when you go into court with a lawyer,
[08:08.000 --> 08:14.000]  it's like sitting at a four-sided chessboard.
[08:14.000 --> 08:18.000]  You're sitting here at the board, your lawyer is to your right,
[08:18.000 --> 08:23.000]  opposing counsel to your left, the judge is across from you.
[08:23.000 --> 08:27.000]  You have a relationship with your lawyer.
[08:27.000 --> 08:29.000]  This is all about relationships.
[08:29.000 --> 08:33.000]  The lawyer has a relationship with the opposing counsel,
[08:33.000 --> 08:35.000]  because they work together.
[08:35.000 --> 08:38.000]  Sometimes they work together, sometimes they're against each other,
[08:38.000 --> 08:40.000]  but they deal with each other all the time.
[08:40.000 --> 08:44.000]  And he has a relationship with the judge.
[08:44.000 --> 08:47.000]  You're the odd one out.
[08:47.000 --> 08:55.000]  To win your case, you can use the politics that's already there to your advantage.
[08:55.000 --> 09:06.000]  The last case against me, the judge dismissed it to protect my lawyer from me.
[09:06.000 --> 09:13.000]  He was afraid I was going to bargrieve him and get his malpractice insurance canceled.
[09:13.000 --> 09:17.000]  You're going to get me this far, and he told me that 20 times.
[09:17.000 --> 09:23.000]  We are in court, and the lawyer came to me.
[09:23.000 --> 09:25.000]  They were up at the bench talking to the judge.
[09:25.000 --> 09:29.000]  My lawyer came to me and said, the prosecutor said she knows who you are,
[09:29.000 --> 09:31.000]  and if you start filing criminal charges,
[09:31.000 --> 09:34.000]  she's going to charge you with tampering with the government document.
[09:34.000 --> 09:37.000]  And I looked up at her and said, oh, she said that, didn't she?
[09:37.000 --> 09:38.000]  And he said, yes, she did.
[09:38.000 --> 09:41.000]  She's standing right by the judge.
[09:41.000 --> 09:45.000]  I reached in my folder and pulled out 30 complaints I'd made up.
[09:45.000 --> 09:47.000]  I said, I got about 30 of them here.
[09:47.000 --> 09:52.000]  I need her to verify these documents in accordance with her duty under Article 2.06,
[09:52.000 --> 09:53.000]  Code of Criminal Procedure.
[09:53.000 --> 09:56.000]  You go!
[09:56.000 --> 09:59.000]  She kind of backed up against the bench.
[09:59.000 --> 10:02.000]  And I turned to my lawyer and said, here, take them.
[10:02.000 --> 10:04.000]  And he held up both hands with his palms out.
[10:04.000 --> 10:06.000]  I'm not going to touch them.
[10:06.000 --> 10:08.000]  Take them, you chickens!
[10:08.000 --> 10:11.000]  I did this in front of the judge.
[10:11.000 --> 10:13.000]  He refused to take them.
[10:13.000 --> 10:19.000]  So the judge immediately dismisses us for, re-tests us for lunch.
[10:19.000 --> 10:21.000]  We go out to lunch and come back.
[10:21.000 --> 10:23.000]  I'm at lunch.
[10:23.000 --> 10:26.000]  Just got my burrito, and my lawyer called me.
[10:26.000 --> 10:31.000]  They dismissed the case.
[10:31.000 --> 10:34.000]  They dismissed the case to protect my lawyer from me.
[10:34.000 --> 10:35.000]  It's about changing.
[10:35.000 --> 10:38.000]  Everything's about the politics.
[10:38.000 --> 10:46.000]  When you start hammering the Chief Justice of the Supreme for failing to perform his duty as a magistrate,
[10:46.000 --> 10:51.000]  and you come back down to the bottom and file criminal charges against him,
[10:51.000 --> 11:01.000]  petition the Court of Appeals for a writ of mandamus ordering the Chief Justice of the Supreme to perform his duty,
[11:01.000 --> 11:05.000]  oh, so much fun you can have.
[11:05.000 --> 11:09.000]  You are, you're the master.
[11:09.000 --> 11:13.000]  They all work for you.
[11:13.000 --> 11:15.000]  They think they're the bosses.
[11:15.000 --> 11:16.000]  No.
[11:16.000 --> 11:19.000]  We're the bosses.
[11:19.000 --> 11:25.000]  Once they get one that knows that, you can hurt them more than anybody else can,
[11:25.000 --> 11:28.000]  and there's nothing they can do about it.
[11:28.000 --> 11:34.000]  If anybody says one word to you about filing these complaints,
[11:34.000 --> 11:41.000]  like I had a judge tell me once, Mr. Culkin, you have to be very careful filing those complaints,
[11:41.000 --> 11:45.000]  said you could get in a lot of trouble.
[11:45.000 --> 11:46.000]  Your Honor?
[11:46.000 --> 11:47.000]  Yep.
[11:47.000 --> 11:50.000]  Did you just threaten me?
[11:50.000 --> 11:52.000]  Well, no, Mr. Culkin, I wasn't threatening you.
[11:52.000 --> 11:54.000]  Well, that's the way I took it.
[11:54.000 --> 12:00.000]  I took that as a threat in order to prevent me from testifying about crimes that I know happened.
[12:00.000 --> 12:08.000]  Isn't that a violation of 36.05 penal code tampering with a witness and 36.06 obstruction of justice?
[12:08.000 --> 12:16.000]  And did you just threaten me with retaliation in order to seal these people's prosecution in violation of 38.05 penal code?
[12:16.000 --> 12:21.000]  Well, no, Mr. Culkin, that's not the way I meant it.
[12:21.000 --> 12:25.000]  That was so much fun.
[12:25.000 --> 12:27.000]  This you can do.
[12:27.000 --> 12:34.000]  If anybody, you know, when you're doing this, somebody is going to give you fair warning.
[12:34.000 --> 12:39.000]  Fair warning should get a 911 call.
[12:39.000 --> 12:42.000]  Fair warning is always a threat.
[12:42.000 --> 12:45.000]  And that should get 911.
[12:45.000 --> 12:52.000]  No district, no jurisdiction has ever done that to me twice.
[12:52.000 --> 12:58.000]  I've been warned before, but I immediately jerk out my cell phone down 911.
[12:58.000 --> 13:01.000]  They never do that kind of stuff again.
[13:01.000 --> 13:04.000]  They keep their distance.
[13:04.000 --> 13:07.000]  They answer my questions with as little fanfare as possible.
[13:07.000 --> 13:09.000]  They don't want to see me.
[13:09.000 --> 13:10.000]  They don't want to talk to me.
[13:10.000 --> 13:12.000]  They want nothing to do with me.
[13:12.000 --> 13:20.000]  If you're going to win your case and you go to court, I go to court.
[13:20.000 --> 13:23.000]  I don't want anything special.
[13:23.000 --> 13:29.000]  I don't want them to give me special treatment.
[13:29.000 --> 13:32.000]  I want them to follow law.
[13:32.000 --> 13:33.000]  And that's all.
[13:33.000 --> 13:34.000]  Yeah.
[13:34.000 --> 13:36.000]  That's all, right?
[13:36.000 --> 13:38.000]  That is it.
[13:38.000 --> 13:48.000]  Even if I lose and I lose righteous, I lose, but it better be righteous.
[13:48.000 --> 13:49.000]  Okay.
[13:49.000 --> 13:52.000]  Does this make sense what we're talking about?
[13:52.000 --> 13:55.000]  Do you have an idea how to do it?
[13:55.000 --> 13:58.000]  Yes, I do.
[13:58.000 --> 13:59.000]  Okay.
[13:59.000 --> 14:08.000]  Henceforth, when you walk into court, you're looking for reasons to file a bar grievance.
[14:08.000 --> 14:13.000]  I have bar grievance forms with me, judicial conduct forms with me.
[14:13.000 --> 14:15.000]  They do something I don't like.
[14:15.000 --> 14:18.000]  I take the form out and start filling it out.
[14:18.000 --> 14:23.000]  It's got a big heading on the top so they can see what it is.
[14:23.000 --> 14:30.000]  Never give them fair warning because they will always construe it as a threat.
[14:30.000 --> 14:36.000]  And primarily, never ask them to do anything they actually want them to do
[14:36.000 --> 14:43.000]  because you have the remit to follow when they don't do it.
[14:43.000 --> 14:44.000]  Right.
[14:44.000 --> 14:51.000]  If you start doing this to them and they will get a lot more careful with how they deal with you,
[14:51.000 --> 14:54.000]  they might not like you.
[14:54.000 --> 15:04.000]  I had a city council member call me once and tell me that everybody in town thought I was a fool
[15:04.000 --> 15:07.000]  and they were laughing at me.
[15:07.000 --> 15:17.000]  I said, well, if I have to decide which I take as their respect or their friendship,
[15:17.000 --> 15:21.000]  I'll take respect every time.
[15:21.000 --> 15:27.000]  They may be laughing at me, but they are not going to mess with me.
[15:27.000 --> 15:29.000]  And the city doesn't even want to see.
[15:29.000 --> 15:33.000]  I live right next to City Hall and they hate that.
[15:33.000 --> 15:35.000]  I had two huge 40-foot buses.
[15:35.000 --> 15:42.000]  I have a big empty lot next to my house where I tore two houses down, two 40-foot transport buses.
[15:42.000 --> 15:45.000]  The mayor came out and said, you can't have those buses out there.
[15:45.000 --> 15:51.000]  They have to have tags and inspection stickers on them.
[15:51.000 --> 15:56.000]  Today he came out there and I had tarks over him.
[15:56.000 --> 16:01.000]  He was livid.
[16:01.000 --> 16:04.000]  He said, you're going to have to move those buses.
[16:04.000 --> 16:06.000]  I said, what buses?
[16:06.000 --> 16:07.000]  Those buses.
[16:07.000 --> 16:09.000]  I don't see buses.
[16:09.000 --> 16:15.000]  When I see buses, well, you may see buses, but the judge can't see buses.
[16:15.000 --> 16:18.000]  So get lost.
[16:18.000 --> 16:25.000]  And I never heard anything more about my buses.
[16:25.000 --> 16:26.000]  You can do this.
[16:26.000 --> 16:28.000]  So I have a question.
[16:28.000 --> 16:34.000]  You were saying, you know, the judge may say to you, you know, you could get in trouble if you don't mind what you're saying.
[16:34.000 --> 16:38.000]  I've had an opposing attorney say that to me.
[16:38.000 --> 16:41.000]  That's a threat too, right?
[16:41.000 --> 16:42.000]  That's it.
[16:42.000 --> 16:46.000]  I would take that as witness tampering.
[16:46.000 --> 16:47.000]  Witness tampering.
[16:47.000 --> 16:48.000]  Hang on.
[16:48.000 --> 17:10.000]  We'll be right back.
[17:18.000 --> 17:21.000]  We'll be right back.
[17:21.000 --> 17:49.000]  Thank you.
[17:49.000 --> 17:52.000]  We'll be right back.
[18:20.000 --> 18:22.000]  We'll be right back.
[18:22.000 --> 18:49.000]  Thank you.
[18:49.000 --> 18:52.000]  You may want to join us.
[18:52.000 --> 18:59.000]  As a distributor, you can experience improved health, help your friends and family, and increase your income.
[18:59.000 --> 19:12.000]  Order now.
[19:12.000 --> 19:23.000]  Well, don't let nothing get to you.
[19:23.000 --> 19:24.000]  Okay.
[19:24.000 --> 19:25.000]  We are back.
[19:25.000 --> 19:26.000]  Randy Kelton.
[19:26.000 --> 19:27.000]  We're already over.
[19:27.000 --> 19:28.000]  We're talking to Jan in Arizona.
[19:28.000 --> 19:29.000]  We do need to finish up.
[19:29.000 --> 19:31.000]  We've got some people that's been waiting a long time.
[19:31.000 --> 19:40.000]  But I had a U.S. attorney once when I was trying to get to the federal grand jury.
[19:40.000 --> 19:45.000]  And I have a whole routine for how to get to a federal grand jury.
[19:45.000 --> 19:55.000]  He told me that if I tried to contact the grand jury, that he would charge me with witness tampering.
[19:55.000 --> 20:03.000]  I immediately made up a criminal complaint against the U.S. attorney and charged him with witness tampering
[20:03.000 --> 20:10.000]  and sent it to his office addressed to the foreman of the grand jury.
[20:10.000 --> 20:13.000]  You want to play hardball, Bubba?
[20:13.000 --> 20:19.000]  I welcome you to the deep end of the pool because I read the code.
[20:19.000 --> 20:27.000]  And most everything they do that would interfere with you is in violation of code somewhere.
[20:27.000 --> 20:31.000]  And it is not that hard to find.
[20:31.000 --> 20:33.000]  So.
[20:33.000 --> 20:34.000]  You're right.
[20:34.000 --> 20:35.000]  We found it.
[20:35.000 --> 20:36.000]  We filed it.
[20:36.000 --> 20:37.000]  They ignored it.
[20:37.000 --> 20:38.000]  Yeah.
[20:38.000 --> 20:40.000]  So they didn't want to move up the chain.
[20:40.000 --> 20:44.000]  Now you get to keep the one that ignored it.
[20:44.000 --> 20:46.000]  They're going to fight you.
[20:46.000 --> 20:48.000]  They're going to resist it.
[20:48.000 --> 20:53.000]  But once you've been through their system one time and really jerked them around,
[20:53.000 --> 20:55.000]  they're not going to want that to happen again.
[20:55.000 --> 21:03.000]  And one other primary warning thing to understand is about warning.
[21:03.000 --> 21:06.000]  Never, ever give them fair warning.
[21:06.000 --> 21:10.000]  Never give them legal advice.
[21:10.000 --> 21:14.000]  Never tell them what they're supposed to do.
[21:14.000 --> 21:19.000]  And it's hard for us not to do that because in civil discourse,
[21:19.000 --> 21:25.000]  it's appropriate to give people fair warning, not in law.
[21:25.000 --> 21:26.000]  Bushwhack.
[21:26.000 --> 21:29.000]  That's the name of the game.
[21:29.000 --> 21:34.000]  And what you're trying to do is set them up.
[21:34.000 --> 21:40.000]  I had a friend of mine get hired at the county tax assessor collector's office.
[21:40.000 --> 21:44.000]  And they put him through all this orientation and stuff.
[21:44.000 --> 21:48.000]  And he was at the front desk and they're showing him how to use that.
[21:48.000 --> 21:52.000]  And they said, there's this one guy that comes in here.
[21:52.000 --> 21:54.000]  His name is Randy Kelton.
[21:54.000 --> 22:00.000]  He's always joking and laughing, but watch that SOB.
[22:00.000 --> 22:05.000]  He's just trying to get you to do something so he can call the police and try to get you arrested.
[22:05.000 --> 22:09.000]  Well, Jeff knew me.
[22:09.000 --> 22:12.000]  They didn't know I knew that he knew me.
[22:12.000 --> 22:17.000]  And he said he's standing there thinking, that's right, he is.
[22:17.000 --> 22:20.000]  So don't mess with him.
[22:20.000 --> 22:23.000]  That's what I want them to think.
[22:23.000 --> 22:24.000]  Yes.
[22:24.000 --> 22:25.000]  Yeah.
[22:25.000 --> 22:26.000]  Everything is a setup.
[22:26.000 --> 22:30.000]  This guy is always setting you up.
[22:30.000 --> 22:35.000]  So be careful.
[22:35.000 --> 22:42.000]  The way that I make them think I'm setting them up is I never give them fair warning.
[22:42.000 --> 22:46.000]  Unless it's somebody I really don't want to have a fight with.
[22:46.000 --> 22:55.000]  Sometimes a clerk will ask me questions and I tell them you do not want to be asking me that question.
[22:55.000 --> 22:59.000]  Go get your boss to ask me that question.
[22:59.000 --> 23:06.000]  Because whoever asked me that question, the primary question is why do you want to see those records?
[23:06.000 --> 23:08.000]  Don't ask me that.
[23:08.000 --> 23:13.000]  The head of probation department told him I want to see all your financial records.
[23:13.000 --> 23:14.000]  Well, who are you?
[23:14.000 --> 23:16.000]  Well, I'm Randall Kelton.
[23:16.000 --> 23:17.000]  Well, who are you with?
[23:17.000 --> 23:19.000]  And I turn and look at me, look back.
[23:19.000 --> 23:21.000]  There's nobody back there.
[23:21.000 --> 23:22.000]  Well, why do you want to see these?
[23:22.000 --> 23:24.000]  Don't ask me that.
[23:24.000 --> 23:27.000]  He said, well, I'm asking you that.
[23:27.000 --> 23:29.000]  I told you not to ask me that.
[23:29.000 --> 23:34.000]  He said, look, if you don't tell me why you want to see them, I'm not going to show them to you.
[23:34.000 --> 23:37.000]  Oh, man, you shouldn't have said that.
[23:37.000 --> 23:39.000]  This is when we had flip phones.
[23:39.000 --> 23:50.000]  And I flipped my phone open down 911, and I got the, I was in Decatur, Texas, a county seat, the Wise County where I live.
[23:50.000 --> 23:55.000]  And I got the dispatcher at the city of Decatur police department.
[23:55.000 --> 23:57.000]  I said, hello, my name is Randall Kelton.
[23:57.000 --> 23:59.000]  Well, hello, Mr. Kelton.
[23:59.000 --> 24:00.000]  How are things going?
[24:00.000 --> 24:03.000]  She recognized my voice.
[24:03.000 --> 24:09.000]  She said, hang on, I'll get the chief for you.
[24:09.000 --> 24:13.000]  And I got the chief and I told him, chief, I need you to send an officer out here to arrest.
[24:13.000 --> 24:17.000]  Hey, you, what did you say your name was?
[24:17.000 --> 24:19.000]  I remembered it, but I made him tell me.
[24:19.000 --> 24:20.000]  Randy Moon.
[24:20.000 --> 24:27.000]  I said, Randy Moon, a class A misdemeanor, official misconduct, criminal violation, 552 government code.
[24:27.000 --> 24:29.000]  I'll swear out the complaint.
[24:29.000 --> 24:31.000]  I'll wait.
[24:31.000 --> 24:37.000]  All right, Mr. Kelton, we'll get an officer right over there.
[24:37.000 --> 24:41.000]  And I turned to him and I said, don't go anywhere.
[24:41.000 --> 24:44.000]  Somebody's going to want to talk to you.
[24:44.000 --> 24:48.000]  The look on this guy's face, his face was bright red.
[24:48.000 --> 24:50.000]  His eyes are buggered out.
[24:50.000 --> 24:54.000]  He is not believing what he's hearing.
[24:54.000 --> 24:59.000]  I can guarantee you he is never going to do that garbage again.
[24:59.000 --> 25:02.000]  No warning.
[25:02.000 --> 25:04.000]  No, this is the law.
[25:04.000 --> 25:06.000]  This is what you're supposed to do.
[25:06.000 --> 25:11.000]  I just go in there and tell them what I want.
[25:11.000 --> 25:13.000]  Favorite one of all time.
[25:13.000 --> 25:16.000]  A friend of mine is having an eviction hearing.
[25:16.000 --> 25:17.000]  I got one coming after him.
[25:17.000 --> 25:19.000]  We're trying to help people stop evictions.
[25:19.000 --> 25:23.000]  I walk up to the bar and I stand there and the judge looks up and says, can I help you?
[25:23.000 --> 25:27.000]  I said, yes, Your Honor, my name is Randy Kelton and I have a hearing deficiency.
[25:27.000 --> 25:28.000]  Oh, you do, Mr. Kelton.
[25:28.000 --> 25:30.000]  Well, what's wrong with your hearing?
[25:30.000 --> 25:35.000]  Oh, Judge, I was down in Mexico the other day and I drank too much of that cheap tequila
[25:35.000 --> 25:38.000]  and I lost my hearing aid.
[25:38.000 --> 25:39.000]  Well, I was lying.
[25:39.000 --> 25:41.000]  It was in my pocket.
[25:41.000 --> 25:43.000]  Well, Mr. Kelton, why are you telling me this?
[25:43.000 --> 25:46.000]  I said, well, do you have accommodation for the hearing impaired?
[25:46.000 --> 25:48.000]  No, Mr. Kelton, I do not.
[25:48.000 --> 25:49.000]  You have a sound system here.
[25:49.000 --> 25:50.000]  Will you turn it up?
[25:50.000 --> 25:52.000]  No, I will not.
[25:52.000 --> 25:55.000]  Well, then, will you speak up?
[25:55.000 --> 25:58.000]  I told the bailiff, I didn't say I would shut up.
[25:58.000 --> 26:01.000]  He just drove me out of the courtroom.
[26:01.000 --> 26:09.000]  When I finished my hearing, I got up and walked to the bar and I pointed at the bailiff, you, come with me.
[26:09.000 --> 26:13.000]  We get outside and he said, I had talked to him before.
[26:13.000 --> 26:16.000]  I said, okay, well, I see, Mr. Kelton, what can I do for you?
[26:16.000 --> 26:18.000]  I need you to arrest the judge.
[26:18.000 --> 26:20.000]  Well, why would I arrest the judge?
[26:20.000 --> 26:26.000]  Class A misdemeanor, official misconduct, official oppression, criminal violation, 3903 penal code,
[26:26.000 --> 26:30.000]  in that he failed to perform a duty he was required to perform and in the process,
[26:30.000 --> 26:33.000]  denied me and the full free access to or enjoyment of a right.
[26:33.000 --> 26:36.000]  Well, Mr. Kelton, what right did he deny you in?
[26:36.000 --> 26:41.000]  My right to accommodation under the Americans with Disabilities Act.
[26:41.000 --> 26:50.000]  So the bailiff said, well, Mr. Kelton, why didn't you tell the judge about the Americans with Disabilities Act?
[26:50.000 --> 26:55.000]  Well, had he done that, he might have turned the sound up.
[26:55.000 --> 27:01.000]  And the bailiff stood there a minute and this grin started across his face.
[27:01.000 --> 27:02.000]  Why?
[27:02.000 --> 27:03.000]  He set him up.
[27:03.000 --> 27:06.000]  I said, yeah, he was a sucker for that, wasn't he?
[27:06.000 --> 27:11.000]  And I will be filing against him with a grand jury for that.
[27:11.000 --> 27:17.000]  That was probably the most powerful thing I've done in Tarrant County.
[27:17.000 --> 27:23.000]  Because it was after that these judges got real nervous when I came in the building
[27:23.000 --> 27:28.000]  and they dramatically changed the way they dealt with me.
[27:28.000 --> 27:32.000]  Because now they think I'm setting them up.
[27:32.000 --> 27:40.000]  I make it a point to tell bailiffs, I never ask public officials to do anything you actually want them to do.
[27:40.000 --> 27:43.000]  Because you never ask them to do anything that the law doesn't require them to do.
[27:43.000 --> 27:49.000]  And then when they don't do it, you've got all of these remedies you can use.
[27:49.000 --> 27:55.000]  It makes them crazy because they're thinking, what can I do about this?
[27:55.000 --> 27:58.000]  How can I stop this guy?
[27:58.000 --> 27:59.000]  They've got no answers.
[27:59.000 --> 28:02.000]  They can't.
[28:02.000 --> 28:05.000]  Anything they do makes things worse.
[28:05.000 --> 28:09.000]  So think about it.
[28:09.000 --> 28:10.000]  See what you can do.
[28:10.000 --> 28:19.000]  Call back next week and we'll talk about some of the more sophisticated aspects of this.
[28:19.000 --> 28:20.000]  Okay.
[28:20.000 --> 28:25.000]  One fair warning I have to give you though about doing this.
[28:25.000 --> 28:32.000]  If you're not careful, this can become way too much fun.
[28:32.000 --> 28:34.000]  Right.
[28:34.000 --> 28:38.000]  Frankly, I do like doing this way too much.
[28:38.000 --> 28:41.000]  I have to kind of watch myself.
[28:41.000 --> 28:42.000]  Yeah.
[28:42.000 --> 28:45.000]  That's a good way to spend your time.
[28:45.000 --> 28:46.000]  Definitely.
[28:46.000 --> 28:52.000]  It beats feeling miserable and betrayed and put upon.
[28:52.000 --> 28:56.000]  We can actually make some change.
[28:56.000 --> 28:57.000]  That's what I want.
[28:57.000 --> 28:58.000]  It can be fun.
[28:58.000 --> 29:01.000]  So think about it.
[29:01.000 --> 29:04.000]  Call back next week and let's talk about this.
[29:04.000 --> 29:05.000]  Thank you.
[29:05.000 --> 29:07.000]  Thank you for your time.
[29:07.000 --> 29:09.000]  Thank you very much.
[29:09.000 --> 29:10.000]  Okay.
[29:10.000 --> 29:12.000]  Now we're going to go to Jacob in Texas.
[29:12.000 --> 29:14.000]  Hello, Jacob.
[29:14.000 --> 29:16.000]  Hey, how's it going, Mr. Cowden?
[29:16.000 --> 29:23.000]  I'm going good and you got 30 seconds and it's all over.
[29:23.000 --> 29:24.000]  Okay.
[29:24.000 --> 29:25.000]  Hang on.
[29:25.000 --> 29:27.000]  We are about to go to break.
[29:27.000 --> 29:29.000]  Pick you up on the other side.
[29:29.000 --> 29:31.000]  Sonny, Doug, I see you there.
[29:31.000 --> 29:32.000]  We'll get to everybody.
[29:32.000 --> 29:33.000]  So hang on.
[29:33.000 --> 29:36.000]  This is Randy Kelton, Rue of La Radio.
[29:36.000 --> 29:40.000]  I'll call you number 512-646-1984.
[29:40.000 --> 29:42.000]  This is bottom of the hour break.
[29:42.000 --> 29:43.000]  It's a little bit longer.
[29:43.000 --> 29:46.000]  It's a good time to go to our sponsors.
[29:46.000 --> 29:48.000]  Don't look at Jurisdictionary.
[29:48.000 --> 29:51.000]  It would be, if you're interested in law,
[29:51.000 --> 29:54.000]  the absolute best investment you would ever make in law,
[29:54.000 --> 29:57.000]  and it will help support this station.
[29:57.000 --> 29:58.000]  Thank you for listening.
[29:58.000 --> 30:01.000]  We'll be right back.
[30:01.000 --> 30:04.000]  In 1946, Felix Gulchak answered his doorbell
[30:04.000 --> 30:06.000]  and was shot in the chest and killed.
[30:06.000 --> 30:09.000]  The case has finally been solved 65 years later
[30:09.000 --> 30:13.000]  with the confession of a 96-year-old woman.
[30:13.000 --> 30:14.000]  It's quite a story.
[30:14.000 --> 30:15.000]  I'm Dr. Catherine Albrecht.
[30:15.000 --> 30:17.000]  Stay tuned for more.
[30:17.000 --> 30:19.000]  Privacy is under attack.
[30:19.000 --> 30:21.000]  When you give up data about yourself,
[30:21.000 --> 30:22.000]  you'll never get it back again.
[30:22.000 --> 30:24.000]  And once your privacy is gone,
[30:24.000 --> 30:27.000]  you'll find your freedoms will start to vanish too.
[30:27.000 --> 30:29.000]  So protect your rights.
[30:29.000 --> 30:32.000]  Say no to surveillance and keep your information to yourself.
[30:32.000 --> 30:35.000]  Privacy, it's worth hanging on to.
[30:35.000 --> 30:38.000]  This public service announcement is brought to you by StartPage.com,
[30:38.000 --> 30:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
[30:42.000 --> 30:46.000]  Start over with StartPage.
[30:46.000 --> 30:48.000]  Addie Visser was part of the resistance
[30:48.000 --> 30:51.000]  when the Nazis occupied Holland in World War II.
[30:51.000 --> 30:54.000]  She took a gun and doled out vigilante justice
[30:54.000 --> 30:56.000]  to a guy named Felix Gulchak,
[30:56.000 --> 30:58.000]  a Dutch businessman and Nazi sympathizer
[30:58.000 --> 31:00.000]  who did business with the enemy.
[31:00.000 --> 31:02.000]  Trouble is, Gulchak was actually doing
[31:02.000 --> 31:05.000]  what Oscar Schindler did in the movie Schindler's List.
[31:05.000 --> 31:07.000]  While pretending to support the Nazis,
[31:07.000 --> 31:10.000]  she was actually sheltering Jews and helping them to safety.
[31:10.000 --> 31:13.000]  Addie discovered her mistake after the murder
[31:13.000 --> 31:16.000]  and carried the tragic secret 65 years.
[31:16.000 --> 31:18.000]  Her conscience finally got the better of her,
[31:18.000 --> 31:20.000]  and at age 96 she confessed.
[31:20.000 --> 31:21.000]  The moral?
[31:21.000 --> 31:23.000]  Things aren't always what they seem,
[31:23.000 --> 31:25.000]  so think before you shoot.
[31:25.000 --> 31:26.000]  I'm Dr. Catherine Albrecht.
[31:26.000 --> 31:51.000]  More news and information at CatherineAlbrecht.com.
[31:56.000 --> 31:59.000]  The rule of law radio is proud to offer
[31:59.000 --> 32:01.000]  the rule of law traffic seminar.
[32:01.000 --> 32:04.000]  In today's America, we live in an us-against-them society,
[32:04.000 --> 32:07.000]  and if we the people are ever going to have a free society,
[32:07.000 --> 32:10.000]  then we're going to have to stand and defend our own rights.
[32:10.000 --> 32:13.000]  Among those rights are the right to travel freely from place to place,
[32:13.000 --> 32:15.000]  the right to act in our own private capacity,
[32:15.000 --> 32:18.000]  and most importantly, the right to due process of law.
[32:18.000 --> 32:21.000]  Traffic courts afford us the least expensive opportunity
[32:21.000 --> 32:24.000]  to learn how to enforce and preserve our rights through due process.
[32:24.000 --> 32:26.000]  Former sheriff's deputy Eddie Craig,
[32:26.000 --> 32:28.000]  in conjunction with rule of law radio,
[32:28.000 --> 32:31.000]  has put together the most comprehensive teaching tool available
[32:31.000 --> 32:33.000]  that will help you understand what due process is
[32:33.000 --> 32:35.000]  and how to hold courts to the rule of law.
[32:35.000 --> 32:37.000]  You can get your own copy of this invaluable material
[32:37.000 --> 32:40.000]  by going to ruleoflawradio.com and ordering your copy today.
[32:40.000 --> 32:42.000]  By ordering now, you'll receive a copy of Eddie's book,
[32:42.000 --> 32:45.000]  The Texas Transportation Code, The Law Versus the Lie,
[32:45.000 --> 32:47.000]  video and audio of the original 2009 seminar,
[32:47.000 --> 32:50.000]  hundreds of research documents, and other useful resource material.
[32:50.000 --> 32:53.000]  Learn how to fight for your rights with the help of this material
[32:53.000 --> 32:56.000]  by going to ruleoflawradio.com, ordering your copy today,
[32:56.000 --> 33:24.000]  and ordering your copy today.
[33:24.000 --> 33:37.000]  Okay, we are at Randy Felton with rule of law radio,
[33:37.000 --> 33:39.000]  and we're talking to Jacob in Texas.
[33:39.000 --> 33:43.000]  Okay, Jacob, now you've got more time.
[33:43.000 --> 33:46.000]  All right, well, I want to talk about a situation earlier this week
[33:46.000 --> 33:52.000]  where I was brought down to the magistrate for failure to have an ID.
[33:52.000 --> 33:59.000]  And earlier this month, I surrendered my driver's license to the DMV,
[33:59.000 --> 34:01.000]  so I do not have one.
[34:01.000 --> 34:06.000]  And when she pulled me over, I explained to her that I don't have one.
[34:06.000 --> 34:10.000]  And she arrested me, put me in the back of a cruiser,
[34:10.000 --> 34:15.000]  and took me down to the magistrate in order to see a judge to identify myself.
[34:15.000 --> 34:22.000]  When I got there, I asked to see a judge and was not able to see one.
[34:22.000 --> 34:25.000]  And after five hours, they brought me out of my cell,
[34:25.000 --> 34:29.000]  just gave me a traffic ticket, and shooed me out the back door.
[34:29.000 --> 34:34.000]  And on my court date, I don't have a magistrate's signature
[34:34.000 --> 34:40.000]  or anybody's signature on there.
[34:40.000 --> 34:47.000]  And I went today to file a motion to dismiss.
[34:47.000 --> 34:52.000]  And the clerk of the court said that there was no record of my arrest on file yet.
[34:52.000 --> 34:58.000]  So I was going around to different courtrooms trying to see a judge,
[34:58.000 --> 35:00.000]  trying to talk to a whole bunch of people.
[35:00.000 --> 35:06.000]  And after a while, they suddenly found my ticket after talking to the DA
[35:06.000 --> 35:09.000]  and wouldn't let me file a motion.
[35:09.000 --> 35:17.000]  So I am going to file a tort against them or a lawsuit.
[35:17.000 --> 35:18.000]  Wait, wait, wait.
[35:18.000 --> 35:19.000]  Too soon.
[35:19.000 --> 35:22.000]  Too soon for a lawsuit.
[35:22.000 --> 35:23.000]  Too soon?
[35:23.000 --> 35:27.000]  You're not done setting them up yet.
[35:27.000 --> 35:30.000]  Okay.
[35:30.000 --> 35:34.000]  Did they produce the ticket?
[35:34.000 --> 35:35.000]  Yes.
[35:35.000 --> 35:40.000]  Did they not give you a copy after they arrested you?
[35:40.000 --> 35:45.000]  They gave me a copy of the ticket, and they gave me magistrate orders that said,
[35:45.000 --> 35:52.000]  I personally went before a judge, and the judge settled on a court date of December 3rd,
[35:52.000 --> 35:58.000]  which is an absolute lie, and I never saw a judge while I was in the magistrate.
[35:58.000 --> 35:59.000]  Oh, wonderful.
[35:59.000 --> 36:07.000]  Have you toured jurisimprudence.com and read the habeas that's there?
[36:07.000 --> 36:08.000]  Yes, sir, I have.
[36:08.000 --> 36:13.000]  Actually, I have it on my computer, and while I was in the magistrate locked up,
[36:13.000 --> 36:20.000]  I said I wanted to see the magistrate judge to file a writ of habeas corpus just to say it.
[36:20.000 --> 36:24.000]  And I think that's the reason why they didn't want me to see the judge.
[36:24.000 --> 36:27.000]  Yes, I have.
[36:27.000 --> 36:33.000]  Okay, now is when you go back and start setting them up.
[36:33.000 --> 36:34.000]  Yeah.
[36:34.000 --> 36:40.000]  How do you establish a RICO claim?
[36:40.000 --> 36:53.000]  Because this is really a RICO claim, and a lot, if you heard what we talked about earlier to Jen in Arizona,
[36:53.000 --> 36:58.000]  we're talking about running the process on them, the routine.
[36:58.000 --> 37:00.000]  And I asked her to call back.
[37:00.000 --> 37:03.000]  We talked about some of the more sophisticated parts of the routine.
[37:03.000 --> 37:09.000]  Now let's talk about some of the more sophisticated parts of the routine.
[37:09.000 --> 37:11.000]  We set them up.
[37:11.000 --> 37:21.000]  You want to ask them to produce documentation that they are required to have and don't have,
[37:21.000 --> 37:26.000]  or that they very much do not want to give you.
[37:26.000 --> 37:35.000]  Go back to jurisimprudence.com, and on the right-hand side, there's a link to documents and research.
[37:35.000 --> 37:40.000]  Click that, then there's a folder for blanks.
[37:40.000 --> 37:42.000]  Click the blanks folder.
[37:42.000 --> 37:48.000]  You will find a whole bunch of blank documents for different things,
[37:48.000 --> 37:56.000]  but you'll see primarily three different types of information requests.
[37:56.000 --> 38:02.000]  One is just blank info, and that's a generic blank information request.
[38:02.000 --> 38:10.000]  Whenever I go dealing with these jurisdictions, I have a little file folder with me,
[38:10.000 --> 38:19.000]  and it has copies of all of my information requests and criminal complaints.
[38:19.000 --> 38:23.000]  And I take a contact sheet.
[38:23.000 --> 38:24.000]  I'm talking to them.
[38:24.000 --> 38:28.000]  I'm always writing in this contact sheet, and that makes them nuts.
[38:28.000 --> 38:31.000]  I ask them their name, and I write their name down.
[38:31.000 --> 38:34.000]  It makes them crazy when you start doing that.
[38:34.000 --> 38:36.000]  Yeah, I've noticed.
[38:36.000 --> 38:43.000]  I have a 17.30 information request.
[38:43.000 --> 38:48.000]  If you've read the habeas, you know what that is to.
[38:48.000 --> 38:51.000]  They're not going to know what it goes to.
[38:51.000 --> 38:59.000]  And for those of you who don't, in Texas law, if you're arrested for any reason,
[38:59.000 --> 39:06.000]  in Chapter 14, Code of Criminal Procedure 1403, 1406,
[39:06.000 --> 39:11.000]  they're required to take you to the nearest magistrate.
[39:11.000 --> 39:19.000]  And 2.10 says that it shall be the duty of the magistrate to keep the peace
[39:19.000 --> 39:21.000]  in the county by all legal means.
[39:21.000 --> 39:25.000]  2.11 says, when a magistrate sits for the purpose of examining into a criminal
[39:25.000 --> 39:30.000]  accusation, that's an examining trial, an examining court.
[39:30.000 --> 39:34.000]  Chapter 16 addresses an examining court.
[39:34.000 --> 39:36.000]  It tells all the things the judge is supposed to do.
[39:36.000 --> 39:38.000]  Well, if they arrest you and take you to jail,
[39:38.000 --> 39:40.000]  they're going to call that a magistration.
[39:40.000 --> 39:43.000]  They take you for a judge, and he does a magistration.
[39:43.000 --> 39:48.000]  Well, if you type magistration into Microsoft Word or any other word processor,
[39:48.000 --> 39:51.000]  it'll put a red line under it.
[39:51.000 --> 39:54.000]  It doesn't recognize it.
[39:54.000 --> 39:55.000]  They don't exist.
[39:55.000 --> 39:56.000]  They made it up.
[39:56.000 --> 40:00.000]  What they're supposed to do is an examining trial.
[40:00.000 --> 40:04.000]  And in the examining trial, the first thing that's to be done is you're to be
[40:04.000 --> 40:08.000]  given an opportunity to give a voluntary statement.
[40:08.000 --> 40:10.000]  They must advise you of your rights.
[40:10.000 --> 40:14.000]  Then they advise you that you have a right to give a voluntary statement
[40:14.000 --> 40:18.000]  before evidence is presented against you.
[40:18.000 --> 40:25.000]  Then there's a number of steps to it.
[40:25.000 --> 40:29.000]  Once the judge is held at the examining trial,
[40:29.000 --> 40:34.000]  he's to issue an order under 16.17 code of criminal procedure.
[40:34.000 --> 40:38.000]  And the order is to state whether you were released at your liberty,
[40:38.000 --> 40:43.000]  bound over for trial, released on bail, or remanded to the jail.
[40:43.000 --> 40:46.000]  And if there wasn't, if you were arrested without a warrant,
[40:46.000 --> 40:52.000]  he's to prepare a warrant under 16.20.
[40:52.000 --> 40:59.000]  When he's done, 17.30, the next chapter,
[40:59.000 --> 41:06.000]  17.30 tells the magistrate that when he finishes an examining trial,
[41:06.000 --> 41:11.000]  he is to seal all documents in an envelope.
[41:11.000 --> 41:16.000]  The statement of the witness, of the accused, the complaint,
[41:16.000 --> 41:23.000]  and all other documents had in the hearing are to be sealed in an envelope.
[41:23.000 --> 41:33.000]  The magistrate shall cause his name to be written across the seal of the envelope,
[41:33.000 --> 41:37.000]  and it shall be forwarded to the clerk of the court of jurisdiction.
[41:37.000 --> 41:43.000]  So you put in a request for all documents collected and simply maintained
[41:43.000 --> 41:49.000]  as finished by 17.30 code of criminal procedure.
[41:49.000 --> 41:53.000]  They know what you're asking.
[41:53.000 --> 41:59.000]  And when they ask you to clarify, you tell them, don't ask me to clarify.
[41:59.000 --> 42:04.000]  Ask the legislature to clarify.
[42:04.000 --> 42:10.000]  What they were required to do when they arrested you was hold an examining trial.
[42:10.000 --> 42:13.000]  Give the complaint to the magistrate.
[42:13.000 --> 42:18.000]  The magistrate was to hold the examining trial and then send the complaint
[42:18.000 --> 42:23.000]  in a sealed up envelope to the clerk of the court of jurisdiction.
[42:23.000 --> 42:29.000]  Might be his own court, but it still goes to his clerk.
[42:29.000 --> 42:36.000]  Have any trouble finding your ticket if they had done that?
[42:36.000 --> 42:38.000]  No, they wouldn't.
[42:38.000 --> 42:47.000]  So you put in a 17.30 request, and if they give you any crapola at all,
[42:47.000 --> 42:51.000]  you give them a scope and content request.
[42:51.000 --> 42:54.000]  That is my favorite.
[42:54.000 --> 42:56.000]  Scope and content.
[42:56.000 --> 43:00.000]  I try to find out what records they keep and where they keep them,
[43:00.000 --> 43:07.000]  and they start obfuscating, ducking, dodging, not answering my questions.
[43:07.000 --> 43:09.000]  No problem, guys.
[43:09.000 --> 43:11.000]  We can handle that.
[43:11.000 --> 43:15.000]  I give them the scope and content request, and there's one in there,
[43:15.000 --> 43:17.000]  a blank scope and content.
[43:17.000 --> 43:24.000]  And it asks for the names or designations of all records collected
[43:24.000 --> 43:27.000]  or assembled or maintained by the department.
[43:27.000 --> 43:31.000]  Where the records are kept, what medium they're kept in,
[43:31.000 --> 43:38.000]  how they can be requested, just a whole list of papers.
[43:38.000 --> 43:40.000]  Hang on.
[43:40.000 --> 43:42.000]  We'll pick this up on the other side.
[43:42.000 --> 43:44.000]  Brandy Kelton, Radio.
[43:44.000 --> 43:47.000]  I call it number 512-606-198.
[43:47.000 --> 43:49.000]  We'll be right back.
[43:49.000 --> 44:06.000]  Hello, my name is Stuart Smith from naturespureorganics.com,
[44:06.000 --> 44:10.000]  and I would like to invite you to come by our store at 1904 Guadalupe Street,
[44:10.000 --> 44:14.000]  Sweet D, here in Austin, Texas, behind Brave New Books and Jay's Tank,
[44:14.000 --> 44:18.000]  to see all our fantastic health and wellness products with your very own eyes.
[44:18.000 --> 44:21.000]  Have a look at our miracle healing clay that started our adventure
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[44:30.000 --> 44:37.000]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.000 --> 44:43.000]  That's 512-264-4043, naturespureorganics.com.
[44:43.000 --> 44:47.000]  Don't forget to like us on Facebook for information on events and our products.
[44:47.000 --> 45:01.000]  Naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[45:56.000 --> 46:02.000]  or call toll free, 866-LAW-EZ.
[46:02.000 --> 46:31.000]  MUSIC
[46:31.000 --> 46:34.000]  Okay, we are back, Randy Kelton, Rule of Law Radio,
[46:34.000 --> 46:42.000]  and we're talking to Jacob in Texas, the scope and intent request.
[46:42.000 --> 46:48.000]  It's about a page and a half of things you're asking them for.
[46:48.000 --> 46:55.000]  What it goes to is you're not asking for any record.
[46:55.000 --> 47:00.000]  Asking for a complete listing of all of the records that they keep
[47:00.000 --> 47:03.000]  and how they keep them, where they keep them,
[47:03.000 --> 47:07.000]  how to request all of those records.
[47:07.000 --> 47:12.000]  So every time I give this to somebody, they all start jumping up and down
[47:12.000 --> 47:20.000]  and getting all excited, and then they want me to narrow the scope of my request,
[47:20.000 --> 47:21.000]  and I object.
[47:21.000 --> 47:22.000]  It's absolutely not.
[47:22.000 --> 47:31.000]  What I always get is them asking me specifically what is it that I'm looking for,
[47:31.000 --> 47:35.000]  that they read my request and they don't understand what I'm looking for.
[47:35.000 --> 47:39.000]  I said, well, if you don't understand the request,
[47:39.000 --> 47:44.000]  go ask the legislature what they meant when they passed this legislation
[47:44.000 --> 47:53.000]  because that is taken out of the Open Government Act, 552 Government Code,
[47:53.000 --> 48:00.000]  under the heading of records that must be made available for inspection.
[48:00.000 --> 48:06.000]  There can be no objection to these because these are specifically designated by statute.
[48:06.000 --> 48:08.000]  So if you don't know what it means, go ask the legislature.
[48:08.000 --> 48:10.000]  Don't ask me.
[48:10.000 --> 48:16.000]  That's when all of a sudden they want to talk.
[48:16.000 --> 48:22.000]  I had one that didn't, and I mentioned to Magist earlier that I said
[48:22.000 --> 48:26.000]  I thought he would do what was right if it hairlift the Pope.
[48:26.000 --> 48:31.000]  Well, when I first met him, he was a captain on the sheriff's department,
[48:31.000 --> 48:36.000]  and I gave him my scope and content request.
[48:36.000 --> 48:43.000]  We sat down in his office and spent eight hours going through every record
[48:43.000 --> 48:48.000]  that they keep, where they keep it, how they keep it.
[48:48.000 --> 48:55.000]  He was the only one who followed the law, just the way the law was written.
[48:55.000 --> 48:59.000]  All the rest of them pretend like they don't know what you're talking about,
[48:59.000 --> 49:08.000]  and I used my information request to give me an opportunity to file criminal charges against them.
[49:08.000 --> 49:14.000]  Then I make it a point to tell them I will not be understanding.
[49:14.000 --> 49:17.000]  I will not be reasonable.
[49:17.000 --> 49:26.000]  I told the clerk at Judge Echey's court in South Fort Worth, I put in a request.
[49:26.000 --> 49:31.000]  We'll have to send this, and she told me she had to file it with the district attorney.
[49:31.000 --> 49:35.000]  She said, no, I will file it with the custodian of the record,
[49:35.000 --> 49:38.000]  and this is the office, the judge is the custodian of the record.
[49:38.000 --> 49:41.000]  He can do with it whatever he wants to do.
[49:41.000 --> 49:44.000]  Well, we have 15 days to respond.
[49:44.000 --> 49:49.000]  Yes, you do, and I will expect you to respond within 15 days.
[49:49.000 --> 49:51.000]  I will not be understanding.
[49:51.000 --> 49:57.000]  I will not be reasonable on the 16th that I'll be down filing criminal charges with the grand jury
[49:57.000 --> 49:59.000]  to be understand each other.
[49:59.000 --> 50:02.000]  Yes, Mr. Helton, we understand each other.
[50:02.000 --> 50:05.000]  Thank you, good day.
[50:05.000 --> 50:12.000]  And I suggest, Jacob, that you not be reasonably not be understanding.
[50:12.000 --> 50:15.000]  You be the master, they be the servants.
[50:15.000 --> 50:18.000]  You direct them in what they're to do.
[50:18.000 --> 50:22.000]  You don't give them legal advice.
[50:22.000 --> 50:26.000]  They respond or they don't, and for the most part you hope they don't
[50:26.000 --> 50:28.000]  because you're setting them up.
[50:28.000 --> 50:36.000]  You want to see all of the policy and procedure manuals
[50:36.000 --> 50:41.000]  for whatever police department this is where you were arrested.
[50:41.000 --> 50:45.000]  You want to see the complete policy and procedure manual
[50:45.000 --> 50:50.000]  for the jailers where you were jailed.
[50:50.000 --> 50:52.000]  They get real excited about that.
[50:52.000 --> 50:56.000]  And then you want to see a complete list of all of the jailers who were in the jail
[50:56.000 --> 51:03.000]  at the time you were arrested or during the time you were incarcerated.
[51:03.000 --> 51:12.000]  You want their personnel file on those to include training, criminal complaints,
[51:12.000 --> 51:14.000]  disciplinary procedures.
[51:14.000 --> 51:19.000]  So those are the three things that aren't excluded.
[51:19.000 --> 51:26.000]  That's going to make them really, really unhappy.
[51:26.000 --> 51:33.000]  And it depends on what your situation is, what else you're asking for.
[51:33.000 --> 51:36.000]  If you have reason to believe they have other improprieties going on,
[51:36.000 --> 51:48.000]  you craft a request asking for information that is broader than you need.
[51:48.000 --> 51:58.000]  You want to see all of the emails from the municipal judges that are all the emails
[51:58.000 --> 52:03.000]  emailed from a municipal or a county computer.
[52:03.000 --> 52:08.000]  That really makes them nuts.
[52:08.000 --> 52:11.000]  But they want to fight with you?
[52:11.000 --> 52:15.000]  Let's introduce them to the deep end of the pool.
[52:15.000 --> 52:20.000]  You want to build enough information against them to make a claim against them.
[52:20.000 --> 52:28.000]  When you ask for the records, be artfully vague.
[52:28.000 --> 52:33.000]  You don't want them to know what you're actually looking for.
[52:33.000 --> 52:40.000]  I often ask for records that I don't really care to see just to throw them off,
[52:40.000 --> 52:46.000]  make them wonder why I'm asking for that so that they can't put their finger
[52:46.000 --> 52:49.000]  on what I'm after.
[52:49.000 --> 52:56.000]  If they can't figure it out, they'll come up with something.
[52:56.000 --> 53:00.000]  And whatever they come up with will always be much worse than what you actually
[53:00.000 --> 53:03.000]  intended to do.
[53:03.000 --> 53:07.000]  It just went away.
[53:07.000 --> 53:17.000]  So I suggest you start with the habeas, look at the things they did or did not
[53:17.000 --> 53:24.000]  do, and craft information requests going to those issues.
[53:24.000 --> 53:32.000]  Now, they're going to start violating the act or they're going to start out by
[53:32.000 --> 53:36.000]  requesting opinions from the state attorney general.
[53:36.000 --> 53:43.000]  And when they do that, you go to the attorney general's webpage and do a search
[53:43.000 --> 53:47.000]  for attorney general opinions on this subject.
[53:47.000 --> 53:54.000]  If you find an attorney general opinion that addresses this subject, then you
[53:54.000 --> 53:59.000]  file criminal charges against them for withholding the documents.
[53:59.000 --> 54:03.000]  And they're going to say they could withhold the documents pending a
[54:03.000 --> 54:07.000]  determination from the attorney general.
[54:07.000 --> 54:12.000]  And you claim there already is a determination by the attorney general, and
[54:12.000 --> 54:17.000]  therefore the filing was frivolous and for the purpose of delay for delay's
[54:17.000 --> 54:21.000]  sake, and you file on them for it.
[54:21.000 --> 54:25.000]  They don't get people booking them on that way very often.
[54:25.000 --> 54:30.000]  It's a class A misdemeanor for them to violate the act.
[54:30.000 --> 54:32.000]  Okay.
[54:32.000 --> 54:34.000]  Does that give you something to work with?
[54:34.000 --> 54:36.000]  Yes, sir, it does.
[54:36.000 --> 54:45.000]  The question I have now is if the court that I'm trying to file at this morning
[54:45.000 --> 54:50.000]  was the low magistrate court, and if they don't accept any of my motions or
[54:50.000 --> 54:57.000]  habeas, would I...
[54:57.000 --> 55:00.000]  File criminally against them.
[55:00.000 --> 55:02.000]  File criminally against them?
[55:02.000 --> 55:04.000]  You bet.
[55:04.000 --> 55:07.000]  That's a denial of due process.
[55:07.000 --> 55:11.000]  That's denying you and your right to petition the court for redress of
[55:11.000 --> 55:14.000]  grievance.
[55:14.000 --> 55:18.000]  They can deny your motions.
[55:18.000 --> 55:21.000]  They rule against whatever they want to.
[55:21.000 --> 55:27.000]  But they can't deny you access to the court.
[55:27.000 --> 55:32.000]  Yeah, and that's what they did all day this morning when I was trying to file.
[55:32.000 --> 55:38.000]  And I know it's because the judge or the DA has the ticket, and it wasn't in
[55:38.000 --> 55:41.000]  the system yet.
[55:41.000 --> 55:44.000]  They wouldn't let you file, so did you have the name of the person who
[55:44.000 --> 55:46.000]  wouldn't let you file?
[55:46.000 --> 55:47.000]  Yeah, I have everybody's name.
[55:47.000 --> 55:48.000]  I was right there.
[55:48.000 --> 55:49.000]  Good.
[55:49.000 --> 55:52.000]  Go back down with a set of criminal complaints again.
[55:52.000 --> 55:55.000]  They wouldn't let you file.
[55:55.000 --> 55:56.000]  Okay.
[55:56.000 --> 56:01.000]  Yeah, the one who wouldn't let me file was actually the court coordinator.
[56:01.000 --> 56:03.000]  Oh, wonderful.
[56:03.000 --> 56:04.000]  Yeah.
[56:04.000 --> 56:05.000]  And you ask the police.
[56:05.000 --> 56:08.000]  You make sure it's a verified criminal affidavit.
[56:08.000 --> 56:10.000]  Look on jurisprudence.com.
[56:10.000 --> 56:16.000]  You'll find lots of examples of criminal affidavits.
[56:16.000 --> 56:19.000]  Take it to a notary or you can do that at the bank.
[56:19.000 --> 56:21.000]  Have them notarize it.
[56:21.000 --> 56:23.000]  Give them a verified criminal affidavit.
[56:23.000 --> 56:24.000]  You don't care what they do.
[56:24.000 --> 56:28.000]  If they don't take it, you get their name and you file against them.
[56:28.000 --> 56:32.000]  You just start stacking them up.
[56:32.000 --> 56:38.000]  Now, their problem is it's like playing Russian roulette.
[56:38.000 --> 56:42.000]  You never know which one's going to get you.
[56:42.000 --> 56:45.000]  And you start stacking up the complaints against them.
[56:45.000 --> 56:47.000]  Then they start getting worried.
[56:47.000 --> 57:02.000]  And if anybody says anything to you that you can in any way construe as a threat, dial 911.
[57:02.000 --> 57:08.000]  If anybody tries to give you fair warning, that's a threat,
[57:08.000 --> 57:15.000]  especially if they are prominently displaying a deadly weapon.
[57:15.000 --> 57:18.000]  Let me tell you a really cool statute.
[57:18.000 --> 57:24.000]  2201 Texas Penal Code is for assault.
[57:24.000 --> 57:29.000]  If I use offensive language or I touch you in a way
[57:29.000 --> 57:37.000]  that a reasonable person of ordinary prudence would fomstiff, that's simple assault.
[57:37.000 --> 57:48.000]  However, if I commit simple assault while prominently displaying a deadly weapon,
[57:48.000 --> 57:55.000]  that's aggravated assault 2202 Texas Penal Code.
[57:55.000 --> 58:05.000]  And it's a second-degree felony unless I am a public official acting under the color
[58:05.000 --> 58:12.000]  or proof of an official capacity, in which case it's a felony of the first degree.
[58:12.000 --> 58:16.000]  Hang on. We're about to go to our top-of-the-hour break.
[58:16.000 --> 58:23.000]  You might want to look up 2202 B2A Texas Penal Code.
[58:23.000 --> 58:27.000]  You will find it very interesting.
[58:27.000 --> 58:36.000]  Randy Kelton, Wheelbarrow Radio, our calling number, 512-646-1984, Sonny, Doug, Rob, I see you all there.
[58:36.000 --> 58:50.000]  We'll try to get to everybody. We'll be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
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[59:11.000 --> 59:13.000]  and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:24.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.000 --> 59:27.000]  growing in Christ, and how to build up the church.
[59:27.000 --> 59:33.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.000 --> 59:40.000]  call Bibles for America toll-free at 888-551-0102.
[59:40.000 --> 59:50.000]  That's 888-551-0102, or visit us online at bfa.org.
[59:50.000 --> 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 use flash is brought to you by the Lone Star Lowdowns,
[01:00:05.000 --> 01:00:12.000]  providing the jelly bulletins for the commodities market, 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 --> 01:00:30.000]  Markets for the 30th of October, 2015 open up with gold at $1,141.72 an ounce, silver $15.54 an ounce,
[01:00:30.000 --> 01:00:43.000]  Texas crude $46.06 a barrel, and Bitcoin is currently sitting at about $322 U.S. currency.
[01:00:43.000 --> 01:00:52.000]  Today in History, Monday, October 30, 1961, Soviet Union tests the 58-megaton hydrogen bomb, the AN-602,
[01:00:52.000 --> 01:00:54.000]  nicknamed the Tsar Bomba.
[01:00:54.000 --> 01:01:02.000]  It remains the most powerful man-made explosion on Earth in human history.
[01:01:02.000 --> 01:01:07.000]  In recent use, China has officially ended the largest eugenics program in human history.
[01:01:07.000 --> 01:01:10.000]  The People's Republic will be abandoning their infamous one-child policy
[01:01:10.000 --> 01:01:14.000]  in order to encourage much-needed population growth for one of the world's biggest economies.
[01:01:14.000 --> 01:01:19.000]  Strict reproduction controls were introduced by Deng Xiaoping in 1979.
[01:01:19.000 --> 01:01:23.000]  Since then, the working age of the population shrank last year for the first time in two decades,
[01:01:23.000 --> 01:01:30.000]  and like the United States, they are facing a senior citizen crisis since the population of those being retired is growing.
[01:01:30.000 --> 01:01:35.000]  The Communist Party's Central Committee decision to allow couples to have two children was revealed by Zane Howell News,
[01:01:35.000 --> 01:01:39.000]  sourcing a document released at the end of a multi-day party policy meeting in Beijing.
[01:01:39.000 --> 01:01:44.000]  The Communist Party communique did state that the government would want to continue control and managing
[01:01:44.000 --> 01:01:52.000]  of family planning decisions despite the change.
[01:01:52.000 --> 01:01:56.000]  The Tor project has launched its first beta version of Tor Messenger.
[01:01:56.000 --> 01:01:58.000]  It's long awaited open-source instant messaging app.
[01:01:58.000 --> 01:02:04.000]  The app integrates the off-the-record, or OTR, protocol to encrypt messages and routes them over Tor
[01:02:04.000 --> 01:02:07.000]  just as smoothly as the Tor browser does for the Web.
[01:02:07.000 --> 01:02:14.000]  It's also compatible with the same XMPP, or chat protocol, used by millions of Facebook and Google accounts,
[01:02:14.000 --> 01:02:18.000]  as well as desktop clients, Adium for Mac and Pigeon for Windows.
[01:02:18.000 --> 01:02:25.000]  The result? Well, anyone can download the software and in a mere seconds start sending messages to their pre-existing contacts
[01:02:25.000 --> 01:02:31.000]  that are strongly encrypted and dispersed through Tor's maze of volunteer networked computers around the world.
[01:02:31.000 --> 01:02:33.000]  Tor Messenger is in beta at the moment.
[01:02:33.000 --> 01:02:38.000]  However, its developers are welcoming the open-source community to scrutinize the software for bugs and glitches.
[01:02:38.000 --> 01:02:43.000]  After some auditing and patchwork, Tor Messenger is set to become a powerful and popular tool
[01:02:43.000 --> 01:02:48.000]  for instant dummy-proof, NSA and hacker-proof communications.
[01:02:48.000 --> 01:03:09.000]  This has been your Lowdown for October 30, 2015.
[01:03:18.000 --> 01:03:27.000]  Okay, we are back. Randy Kelton, U of L Radio.
[01:03:27.000 --> 01:03:31.000]  Jacob, do you think you have some things to work on?
[01:03:31.000 --> 01:03:39.000]  Yeah, yes sir. The last thing I just wanted to ask you, after I do file this request for document,
[01:03:39.000 --> 01:03:44.000]  and I do want to begin the suit, would I file it in the...
[01:03:44.000 --> 01:03:49.000]  Oh, no, no, no. You've got a long time before you get to the suit.
[01:03:49.000 --> 01:03:53.000]  Yeah, don't be in a hurry for the suit.
[01:03:53.000 --> 01:03:57.000]  It's a lot more powerful building up to the suit.
[01:03:57.000 --> 01:04:03.000]  What you're going to do is you're going to file these information requests and they're going to screw them up.
[01:04:03.000 --> 01:04:08.000]  They're not going to respond to them. They're going to give you non-responsive answers.
[01:04:08.000 --> 01:04:12.000]  They're going to do all kinds of song and dance themselves in your pants.
[01:04:12.000 --> 01:04:21.000]  But the information request is a setup. Everything is setting them up.
[01:04:21.000 --> 01:04:26.000]  When they don't respond appropriately to the information requests,
[01:04:26.000 --> 01:04:34.000]  then we'll go to Rules of Civil Procedure 202, pre-litigation discovery.
[01:04:34.000 --> 01:04:45.000]  That will really make them nuts. If they don't respond under the Open Records Act and violate the Open Records Act,
[01:04:45.000 --> 01:04:49.000]  now we go to pre-litigation discovery.
[01:04:49.000 --> 01:04:55.000]  Under the Open Records Act, they can charge you for the documents.
[01:04:55.000 --> 01:04:59.000]  Under pre-litigation discovery, they can't.
[01:04:59.000 --> 01:05:05.000]  But what you do is set them up. Give them the opportunity to screw up.
[01:05:05.000 --> 01:05:08.000]  Then when they do, sting them.
[01:05:08.000 --> 01:05:15.000]  Once you get them to file to petition for pre-litigation discovery,
[01:05:15.000 --> 01:05:19.000]  now you can ask for a lot more stuff.
[01:05:19.000 --> 01:05:23.000]  They will have opened that door to you.
[01:05:23.000 --> 01:05:30.000]  Then when you ask for it under pre-litigation discovery and they don't get it, then you petition for sanctions.
[01:05:30.000 --> 01:05:34.000]  You bar-grieve the lawyers. You conduct a complaint to judge.
[01:05:34.000 --> 01:05:40.000]  You're talking about a municipal court here or a JP court at best.
[01:05:40.000 --> 01:05:50.000]  It is the belief of inferior court judges that the Texas Commission on Judicial Conduct
[01:05:50.000 --> 01:06:03.000]  never disciplines learning counsel or the higher court judges, the non-inferior court judges where the judges are lawyers.
[01:06:03.000 --> 01:06:07.000]  They never discipline them. That's what they believe.
[01:06:07.000 --> 01:06:11.000]  And they're right. They don't. The commission doesn't.
[01:06:11.000 --> 01:06:16.000]  They also believe that the commission, in order to make it look like it's doing something,
[01:06:16.000 --> 01:06:23.000]  will rightly crucify JP's municipal judges.
[01:06:23.000 --> 01:06:27.000]  And they are right. That's exactly what they do.
[01:06:27.000 --> 01:06:37.000]  So if you start filing criminal, judicial conduct complaints against the judge, he is not going to be a happy camper.
[01:06:37.000 --> 01:06:46.000]  When you file a bar grievance against the prosecutor, he's going to be even more unhappy.
[01:06:46.000 --> 01:06:51.000]  Have you heard our talk about bar grievances?
[01:06:51.000 --> 01:06:53.000]  No, I don't believe I have.
[01:06:53.000 --> 01:06:56.000]  Okay. Here's the deal.
[01:06:56.000 --> 01:07:03.000]  If you file a bar grievance against a lawyer in the state of Texas, no matter what you file,
[01:07:03.000 --> 01:07:08.000]  state bar is going to get that grievance and they're going to throw it in the trash.
[01:07:08.000 --> 01:07:11.000]  And then they're going to send you this letter that says,
[01:07:11.000 --> 01:07:16.000]  as we examine into your accusation, find it does not rise to the level of misconduct.
[01:07:16.000 --> 01:07:20.000]  They'll make any difference what you file. And that's a good thing.
[01:07:20.000 --> 01:07:28.000]  It's a good thing because their insurance carrier knows they're going to throw it in the trash.
[01:07:28.000 --> 01:07:33.000]  So how does the insurance carrier gauge this level of risk?
[01:07:33.000 --> 01:07:37.000]  By valid bar grievances? Trash them all.
[01:07:37.000 --> 01:07:39.000]  By the numbers.
[01:07:39.000 --> 01:07:45.000]  One bar grievance, your first year of practice, they cancel your malpractice insurance immediately.
[01:07:45.000 --> 01:07:51.000]  Two grievances, any one year of practice, you've been practicing 20 years, they cancel.
[01:07:51.000 --> 01:07:56.000]  Three, they'll cancel your law firm's malpractice insurance.
[01:07:56.000 --> 01:08:00.000]  Now, I had a lawyer tell him that was patently unfair.
[01:08:00.000 --> 01:08:06.000]  And I stood there and agreed with him, yeah, it was, while I'm grinning from ear to ear.
[01:08:06.000 --> 01:08:12.000]  And he said, oh, man, I shouldn't have told you that. I said, you are right. You should have.
[01:08:12.000 --> 01:08:16.000]  And then subsequently, we have found that to be true.
[01:08:16.000 --> 01:08:21.000]  When you start grieving attorneys, they get really, really unhappy.
[01:08:21.000 --> 01:08:26.000]  Municipal court and JP, municipal court, not JP.
[01:08:26.000 --> 01:08:34.000]  The county attorney is the prosecutor of JP, but municipal court, these guys are all lawyers.
[01:08:34.000 --> 01:08:39.000]  And they just work part time for the municipal courts.
[01:08:39.000 --> 01:08:43.000]  You hit them with a bar grievance, and they lose their malpractice insurance.
[01:08:43.000 --> 01:08:46.000]  They can't practice as a lawyer.
[01:08:46.000 --> 01:08:54.000]  Or the malpractice insurance double, and it starts at between 25 and 40 grand a year.
[01:08:54.000 --> 01:08:57.000]  You want to play hardball, guys?
[01:08:57.000 --> 01:09:00.000]  We'll introduce you to the deep end of the pool.
[01:09:00.000 --> 01:09:10.000]  So go to the Texas State Bar Association website and download their bar grievance forms in PDF.
[01:09:10.000 --> 01:09:16.000]  Go to the State Commission on Judicial Conduct and download their grievance forms.
[01:09:16.000 --> 01:09:19.000]  Keep them with you all the time.
[01:09:19.000 --> 01:09:26.000]  Make up some 1730 requests, scoping content requests, blank information requests,
[01:09:26.000 --> 01:09:31.000]  and blank criminal complaints from the jurisprudence website.
[01:09:31.000 --> 01:09:36.000]  Or the bar grievance and judicial conduct, you have to get those from the state sites.
[01:09:36.000 --> 01:09:40.000]  The rest of it you get from the jurisprudence site.
[01:09:40.000 --> 01:09:43.000]  Keep them with you all the time.
[01:09:43.000 --> 01:09:51.000]  And somebody steps out of line, just take out the complaint, write out the complaint, and then take it to any JP.
[01:09:51.000 --> 01:09:55.000]  This gets to be really interesting.
[01:09:55.000 --> 01:10:01.000]  And as to your turning in your driver's license,
[01:10:01.000 --> 01:10:11.000]  if you're going to do that, then I suggest you contact the federal department of transportation
[01:10:11.000 --> 01:10:16.000]  and sign up with the DOT.
[01:10:16.000 --> 01:10:21.000]  And they have an online form that you can fill out.
[01:10:21.000 --> 01:10:29.000]  And when it says type of operator, you check private operator, not in commerce.
[01:10:29.000 --> 01:10:34.000]  I get pulled over.
[01:10:34.000 --> 01:10:37.000]  I have commercial license plates on my car.
[01:10:37.000 --> 01:10:41.000]  I have a commercial driver's license in my wallet.
[01:10:41.000 --> 01:10:51.000]  First thing I do when I get pulled up is tell the officer, make sure you run my name on the DOT.
[01:10:51.000 --> 01:10:57.000]  I haven't gotten a ticket since I've done that.
[01:10:57.000 --> 01:11:02.000]  They run my name and see me registered as a private operator.
[01:11:02.000 --> 01:11:08.000]  They got legal notice.
[01:11:08.000 --> 01:11:09.000]  Okay, yeah.
[01:11:09.000 --> 01:11:14.000]  I sent one just to a local DMV, and I had them copy it with my signature.
[01:11:14.000 --> 01:11:20.000]  And I told them that I'm not going to engage in any more commerce or driving through this number.
[01:11:20.000 --> 01:11:22.000]  But I will definitely go to...
[01:11:22.000 --> 01:11:25.000]  Yeah, see, that doesn't carry any legal weight.
[01:11:25.000 --> 01:11:30.000]  But when you fill out that form with the DOT giving the federal government,
[01:11:30.000 --> 01:11:43.000]  and thereby everyone notice that you are not operating in commerce.
[01:11:43.000 --> 01:11:49.000]  I love it when you keep a step in front of them.
[01:11:49.000 --> 01:11:55.000]  Yeah, this is a big help right there, the federal DOT.
[01:11:55.000 --> 01:11:57.000]  I'm going to need to check that out right now.
[01:11:57.000 --> 01:11:59.000]  Okay, start before you.
[01:11:59.000 --> 01:12:03.000]  In the end, you want to sue them.
[01:12:03.000 --> 01:12:07.000]  But right now, you need to get more claims against them.
[01:12:07.000 --> 01:12:12.000]  Get them set up so that when you come to sue them, you've got all your ducks in a row.
[01:12:12.000 --> 01:12:19.000]  Have fun at it, get started, and call in next week and let us know how it goes.
[01:12:19.000 --> 01:12:20.000]  Definitely, Mr. Cullen.
[01:12:20.000 --> 01:12:22.000]  Appreciate your time.
[01:12:22.000 --> 01:12:23.000]  Okay, thank you, Jacob.
[01:12:23.000 --> 01:12:26.000]  Okay, now we're going to Sunny in Georgia.
[01:12:26.000 --> 01:12:29.000]  Hello, Sunny.
[01:12:29.000 --> 01:12:32.000]  How's the weather in Georgia?
[01:12:32.000 --> 01:12:36.000]  Well, it's pretty dark right now.
[01:12:36.000 --> 01:12:37.000]  It's not sunny?
[01:12:37.000 --> 01:12:39.000]  I couldn't help myself.
[01:12:39.000 --> 01:12:41.000]  No, it's not.
[01:12:41.000 --> 01:12:45.000]  Okay, what do you have for us today?
[01:12:45.000 --> 01:12:52.000]  Well, I've got a sale coming up on Tuesday.
[01:12:52.000 --> 01:12:58.000]  I've been fighting this for about five years now.
[01:12:58.000 --> 01:13:09.000]  And I want to thank you for all the help that you've given over the five years.
[01:13:09.000 --> 01:13:28.000]  And so where I'm at, I've got an FDCPA suit that was dismissed without prejudice for lack of prosecution.
[01:13:28.000 --> 01:13:30.000]  Oh, hold on just a second.
[01:13:30.000 --> 01:13:35.000]  Have you rescinded the note?
[01:13:35.000 --> 01:13:36.000]  No.
[01:13:36.000 --> 01:13:42.000]  Do so.
[01:13:42.000 --> 01:13:48.000]  How old is the note?
[01:13:48.000 --> 01:13:50.000]  How old is the note?
[01:13:50.000 --> 01:13:54.000]  Yeah.
[01:13:54.000 --> 01:14:03.000]  Let's see, this was I think back in 2005, January of 2005.
[01:14:03.000 --> 01:14:05.000]  Okay.
[01:14:05.000 --> 01:14:07.000]  Here's the deal on rescission.
[01:14:07.000 --> 01:14:20.000]  Once they start the foreclosure process, if you can show more than $35 in fees that were not disclosed in the Truth and Lending Statement,
[01:14:20.000 --> 01:14:26.000]  then your right to rescind is reinvigorated.
[01:14:26.000 --> 01:14:29.000]  So file a notice of rescind.
[01:14:29.000 --> 01:14:34.000]  And all it has to say is hereby give notice rescinded.
[01:14:34.000 --> 01:14:36.000]  And here's the deal.
[01:14:36.000 --> 01:14:39.000]  They got 20 days to respond.
[01:14:39.000 --> 01:14:43.000]  We just filed one a while back with Wells Fargo.
[01:14:43.000 --> 01:14:50.000]  Wells Fargo treated the notice of rescind as a QWR.
[01:14:50.000 --> 01:14:52.000]  Problem.
[01:14:52.000 --> 01:15:05.000]  Under 15 U.S. Code 1635, they have 20 days in which time to begin the rescission process or file an opposition with the court.
[01:15:05.000 --> 01:15:18.000]  If they fail to do either one of those, after the 20 days, the borrower may retain the property without further obligation.
[01:15:18.000 --> 01:15:20.000]  Does that sound interesting?
[01:15:20.000 --> 01:15:27.000]  Here's an argument they're going to make if you're beyond the three-year time limitation.
[01:15:27.000 --> 01:15:32.000]  And this is a question that we're going to need answered.
[01:15:32.000 --> 01:15:49.000]  I am of the opinion that the statute of limitations on the filing of a rescission is not a bar to filing, rather is an affirmative defense.
[01:15:49.000 --> 01:16:03.000]  Just like the statute of limitations on the foreclosure, back four years from the date of the notice of default.
[01:16:03.000 --> 01:16:09.000]  If they're six years out, they can file for foreclosure.
[01:16:09.000 --> 01:16:12.000]  It's not a bar to filing.
[01:16:12.000 --> 01:16:20.000]  If you don't raise the issue of statute of limitations, then your subject clashes.
[01:16:20.000 --> 01:16:24.000]  You set on your rights, so you waive them.
[01:16:24.000 --> 01:16:37.000]  And it's my position that the statute of limitations on the rescission statute is not a bar to prosecution, but rather is an affirmative defense.
[01:16:37.000 --> 01:16:40.000]  And it's only effective if you raise the defense.
[01:16:40.000 --> 01:16:45.000]  If you don't raise it in 20 days, your subject clashes, you're screwed.
[01:16:45.000 --> 01:16:47.000]  Hang on, Randy Kelton.
[01:16:47.000 --> 01:16:48.000]  We'll move our radio.
[01:16:48.000 --> 01:16:52.000]  I'll call it number 512-646-1984.
[01:16:52.000 --> 01:17:00.000]  We'll be right back.
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[01:19:24.000 --> 01:19:32.000]  Okay, we are back.
[01:19:32.000 --> 01:19:34.000]  Randy Kelton, Root of La Radio.
[01:19:34.000 --> 01:19:37.000]  And we're talking to Sonny in Georgia.
[01:19:37.000 --> 01:19:41.000]  And we were talking about when you left, when we left.
[01:19:41.000 --> 01:19:49.000]  So you have a foreclosure, I mean a foreclosure sale coming when?
[01:19:49.000 --> 01:19:51.000]  Tuesday.
[01:19:51.000 --> 01:19:53.000]  Tuesday.
[01:19:53.000 --> 01:19:56.000]  This Tuesday.
[01:19:56.000 --> 01:20:02.000]  How long has it been since they've tried to hold a foreclosure sale?
[01:20:02.000 --> 01:20:09.000]  Oh, just maybe about a month.
[01:20:09.000 --> 01:20:10.000]  Oh, okay.
[01:20:10.000 --> 01:20:16.000]  So do you have anything before the court?
[01:20:16.000 --> 01:20:20.000]  Nothing's before the court right now.
[01:20:20.000 --> 01:20:21.000]  Okay.
[01:20:21.000 --> 01:20:24.000]  You are running out of time, Bubba.
[01:20:24.000 --> 01:20:25.000]  Okay.
[01:20:25.000 --> 01:20:29.000]  I've got to get a TRO.
[01:20:29.000 --> 01:20:34.000]  Based on what?
[01:20:34.000 --> 01:20:44.000]  Based on the assignment.
[01:20:44.000 --> 01:20:50.000]  The assignment has a couple of major flaws in it.
[01:20:50.000 --> 01:20:52.000]  Hold on, hold on, hold on.
[01:20:52.000 --> 01:20:56.000]  Who is the original lender?
[01:20:56.000 --> 01:21:04.000]  The original lender is Southern Lenders Mortgage.
[01:21:04.000 --> 01:21:11.000]  They went out, they closed their doors in 2008.
[01:21:11.000 --> 01:21:25.000]  And they assigned that, I guess it was about five years after they closed their doors.
[01:21:25.000 --> 01:21:26.000]  Okay.
[01:21:26.000 --> 01:21:30.000]  So who did the assignment?
[01:21:30.000 --> 01:21:35.000]  It was Bank of America.
[01:21:35.000 --> 01:21:39.000]  Bank of America filed the assignment?
[01:21:39.000 --> 01:21:41.000]  Yeah.
[01:21:41.000 --> 01:21:46.000]  Well, it was, let's see, Countrywide, this was in 2011.
[01:21:46.000 --> 01:21:52.000]  I think, I'm pretty sure Bank of America had bought Countrywide by then.
[01:21:52.000 --> 01:21:55.000]  Countrywide went out of business.
[01:21:55.000 --> 01:21:59.000]  Bank of America didn't buy Countrywide.
[01:21:59.000 --> 01:22:02.000]  They absorbed their assets.
[01:22:02.000 --> 01:22:03.000]  Yeah.
[01:22:03.000 --> 01:22:07.000]  Bank of America, I think Countrywide went out of business in 2007.
[01:22:07.000 --> 01:22:10.000]  Okay.
[01:22:10.000 --> 01:22:16.000]  So what I'm trying to do is go to some very specific points.
[01:22:16.000 --> 01:22:23.000]  Who, okay, you have Southern Lenders Mortgage.
[01:22:23.000 --> 01:22:24.000]  Yes.
[01:22:24.000 --> 01:22:27.000]  You have an assignment in the record.
[01:22:27.000 --> 01:22:29.000]  What's the first assignment?
[01:22:29.000 --> 01:22:35.000]  Who is, claims to be doing the assignment?
[01:22:35.000 --> 01:22:37.000]  Is it MERS?
[01:22:37.000 --> 01:22:39.000]  MERS.
[01:22:39.000 --> 01:22:44.000]  Does it say that MERS is acting as nominee for mortgage lenders?
[01:22:44.000 --> 01:22:55.000]  Or does it say that MERS is acting as the nominee for the lender and lender successors in a science?
[01:22:55.000 --> 01:23:00.000]  MERS has a nominee for Southern Lenders Mortgage.
[01:23:00.000 --> 01:23:06.000]  And this is, what year has this been filed?
[01:23:06.000 --> 01:23:10.000]  The assignment was filed in 2011.
[01:23:10.000 --> 01:23:15.000]  And Southern Lenders Mortgage dissolved in 2008.
[01:23:15.000 --> 01:23:39.000]  Okay, what does Georgia law say about the validity, about what constitutes a fraudulent document filed in the public record?
[01:23:39.000 --> 01:23:40.000]  Okay.
[01:23:40.000 --> 01:23:42.000]  You really need to look that up.
[01:23:42.000 --> 01:23:47.000]  In Texas law, it's 51901.
[01:23:47.000 --> 01:23:57.000]  And it says, 51901C, that any document filed in the record for which, making a claim against real property,
[01:23:57.000 --> 01:24:04.000]  for which there is no document assigning authority to that, to the assigner.
[01:24:04.000 --> 01:24:08.000]  I don't know, I can't quote it exactly.
[01:24:08.000 --> 01:24:16.000]  But if a document's filed and there's nothing in the record indicating that the filer had power to file a document affecting title,
[01:24:16.000 --> 01:24:21.000]  the document is presumed to be fraudulent.
[01:24:21.000 --> 01:24:26.000]  You need to know what Georgia law says about that.
[01:24:26.000 --> 01:24:37.000]  Then file a quiet title claiming that the assignment is fraudulent on its face.
[01:24:37.000 --> 01:24:42.000]  And that'll give you grounds to ask for a TRO.
[01:24:42.000 --> 01:24:43.000]  Okay.
[01:24:43.000 --> 01:24:51.000]  I've got a quiet title action already ready to go.
[01:24:51.000 --> 01:24:58.000]  What is the claim in the quiet title action?
[01:24:58.000 --> 01:25:01.000]  Say that again?
[01:25:01.000 --> 01:25:10.000]  What is the claim in the quiet title action?
[01:25:10.000 --> 01:25:13.000]  Oh, let's see.
[01:25:13.000 --> 01:25:17.000]  Got to pull that thing out and dust it back off.
[01:25:17.000 --> 01:25:33.000]  Could I actually put it together back in, back a year ago?
[01:25:33.000 --> 01:25:38.000]  It's a quiet tam.
[01:25:38.000 --> 01:25:39.000]  No, no, no.
[01:25:39.000 --> 01:25:42.000]  Quiet tam is not quiet title.
[01:25:42.000 --> 01:25:48.000]  Quiet tam is a whistleblower suit.
[01:25:48.000 --> 01:26:09.000]  You file an action to have that assignment removed from the record because it does not meet the statutory filing requirements for the state.
[01:26:09.000 --> 01:26:14.000]  Okay.
[01:26:14.000 --> 01:26:23.000]  This is a problem that you're confusing quiet tam with quiet title.
[01:26:23.000 --> 01:26:27.000]  They're not anything like near the same.
[01:26:27.000 --> 01:26:31.000]  You have clear grounds here.
[01:26:31.000 --> 01:26:38.000]  This is not a wrongful foreclosure, FDCPA, any of that kind of stuff.
[01:26:38.000 --> 01:26:49.000]  This is just a suit to quiet title to this particular assignment.
[01:26:49.000 --> 01:26:57.000]  And you don't make any claims about bifurcation standing or any of that other stuff.
[01:26:57.000 --> 01:27:13.000]  The argument here is, is that the document is fraudulent on its face as MERS proposed to act for a non-existent company.
[01:27:13.000 --> 01:27:22.000]  In New York, Judge Schett called them vampire lenders because they resurrect them from the dead.
[01:27:22.000 --> 01:27:31.000]  You need to get a quiet title together specifically on that assignment document.
[01:27:31.000 --> 01:27:37.000]  Now, the other side is likely to argue that you have no standing to challenge the assignment, and you're not.
[01:27:37.000 --> 01:27:40.000]  You don't care about who's signed to what.
[01:27:40.000 --> 01:27:57.000]  For the purpose of this action, this document, as filed in the record, does not meet statutory filing requirements because it purports to act for a non-existent company.
[01:27:57.000 --> 01:28:11.000]  The company went out of business in 2008 without assigning their interests to another party in the security instrument. Therefore, they abandoned it.
[01:28:11.000 --> 01:28:15.000]  At least that's the argument I'd make.
[01:28:15.000 --> 01:28:26.000]  Yeah. And there is one other take on that, and it's the pooling and service agreement.
[01:28:26.000 --> 01:28:32.000]  Don't go there. You can't go there in a quiet title.
[01:28:32.000 --> 01:28:34.000]  Okay.
[01:28:34.000 --> 01:28:45.000]  You're asking a judge to go on a contract in which you truly have no standing.
[01:28:45.000 --> 01:28:51.000]  And he's going to say all this stuff about pooling and servicing, so what?
[01:28:51.000 --> 01:28:54.000]  What does that have to do with you?
[01:28:54.000 --> 01:29:01.000]  And you're going to say, well, they did this and that and the other. The courts have ruled against this over and over and over and over.
[01:29:01.000 --> 01:29:05.000]  It's time to quit bringing that. We're not going to win on that one.
[01:29:05.000 --> 01:29:13.000]  But the court has a vested interest in the validity of the documents filed in the public record.
[01:29:13.000 --> 01:29:18.000]  So now you get to use the local politics in your favor.
[01:29:18.000 --> 01:29:28.000]  You're not claiming that this whoever this company is doesn't have standing or can't foreclose or any of that kind of stuff.
[01:29:28.000 --> 01:29:39.000]  You're just saying that this document on which they base their is fraudulent and needs to be removed from the record or can't be removed.
[01:29:39.000 --> 01:29:42.000]  It needs to be rendered void in the record.
[01:29:42.000 --> 01:30:02.000]  Hang on. I call it number 512-646-1984. We'll be right back.
[01:30:02.000 --> 01:30:08.000]  Put down that coffee. There's a chance you may be drinking it out of a carcinogenic cup.
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[01:31:22.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:33:31.000 --> 01:33:40.000]  OK.
[01:33:40.000 --> 01:33:41.000]  We are back.
[01:33:41.000 --> 01:33:43.000]  Randy Kelton, Rue Blanc Radio.
[01:33:43.000 --> 01:33:45.000]  We're talking to Sonny in Georgia.
[01:33:45.000 --> 01:33:50.000]  But at this late, later time, I would look at Quiet Title.
[01:33:50.000 --> 01:33:55.000]  Just go online and dig up some Quiet Title filings.
[01:33:55.000 --> 01:33:57.000]  It'll give you the form.
[01:33:57.000 --> 01:34:03.000]  In Texas law, we actually have the Quiet Title form in the statutes.
[01:34:03.000 --> 01:34:06.000]  You can just pull it right out of the statute book.
[01:34:06.000 --> 01:34:26.000]  But find the Quiet Title form, and you've got a pretty good claim there that this document was filed purportedly by MERS as an agent for Southern lenders' mortgage.
[01:34:26.000 --> 01:34:33.000]  When Southern lenders' mortgage did not exist.
[01:34:33.000 --> 01:34:43.000]  And that should be enough just by looking at the dates and showing the date that Southern lenders' mortgage went out of business.
[01:34:43.000 --> 01:34:44.000]  OK.
[01:34:44.000 --> 01:34:45.000]  I do need to get moving.
[01:34:45.000 --> 01:34:50.000]  Do you have another question or comment?
[01:34:50.000 --> 01:34:52.000]  No.
[01:34:52.000 --> 01:34:53.000]  I've got this.
[01:34:53.000 --> 01:35:07.000]  I was just reading through what I prepared a year ago, and it's pretty much exactly what you just laid out, except in Georgia, it calls it a Quiet Tam.
[01:35:07.000 --> 01:35:08.000]  I mean, it's a twenty-
[01:35:08.000 --> 01:35:09.000]  No, no, no.
[01:35:09.000 --> 01:35:10.000]  You've got to check.
[01:35:10.000 --> 01:35:13.000]  Quiet Tam is a whistleblower suit.
[01:35:13.000 --> 01:35:16.000]  It's actually pronounced Key Tam.
[01:35:16.000 --> 01:35:24.000]  So you need to check that to see if you may have an error there.
[01:35:24.000 --> 01:35:34.000]  Well, it's just saying, at least in the Georgia Code, it's saying that the purpose of the Quiet Tam is for the purpose of calling to be delivered and canceled.
[01:35:34.000 --> 01:35:53.000]  Any instrument which has answered the object of its creation or any force or other iniquitous deed or other writing which the law enforcer at the time casts a cloud over the complainant's title or otherwise subjects him for future liability or presence.
[01:35:53.000 --> 01:36:06.000]  That sure sounds like the right statutes, but that is really an odd name because it has such a different meaning and fit in other places.
[01:36:06.000 --> 01:36:16.000]  Q-U-I-A-T-I-M-E-T.
[01:36:16.000 --> 01:36:20.000]  T-I-M-T?
[01:36:20.000 --> 01:36:23.000]  T-I-M-E-T.
[01:36:23.000 --> 01:36:26.000]  T-I-M-E-T.
[01:36:26.000 --> 01:36:32.000]  T-I-M-E-T.
[01:36:32.000 --> 01:36:34.000]  Is that one word?
[01:36:34.000 --> 01:36:37.000]  Two words.
[01:36:37.000 --> 01:36:43.000]  It's kind of like Key Tam.
[01:36:43.000 --> 01:36:44.000]  I'll have to look that up.
[01:36:44.000 --> 01:36:47.000]  Can you send me a link to that?
[01:36:47.000 --> 01:36:49.000]  Sure.
[01:36:49.000 --> 01:36:52.000]  Send me a link at Randy at ruleoflawradio.com.
[01:36:52.000 --> 01:36:53.000]  I'd like to look that up.
[01:36:53.000 --> 01:36:55.000]  That is an odd spelling.
[01:36:55.000 --> 01:37:18.000]  It would be an odd thing to call it because a Quiet Tam action, if you file a Key Tam action in the federal court, you do that as an insider and primarily done to recover monies that the government has been defrauded of.
[01:37:18.000 --> 01:37:27.000]  And if you file the action and the government can pick up the action, if they do, you get 15% of whatever they recover.
[01:37:27.000 --> 01:37:37.000]  If you prosecute the action without the government interceding, you keep 25% of whatever you recover.
[01:37:37.000 --> 01:37:39.000]  You see it's quite a bit different.
[01:37:39.000 --> 01:37:41.000]  So send me a link to that.
[01:37:41.000 --> 01:37:42.000]  I do need to move along.
[01:37:42.000 --> 01:37:47.000]  We've got three more callers and we're quickly running out of time.
[01:37:47.000 --> 01:37:51.000]  And one of them is a truck driver and you know how they are.
[01:37:51.000 --> 01:37:52.000]  Oh, yeah.
[01:37:52.000 --> 01:37:55.000]  We'll get to ride in a minute.
[01:37:55.000 --> 01:37:57.000]  Okay.
[01:37:57.000 --> 01:37:58.000]  Thank you.
[01:37:58.000 --> 01:38:01.000]  Let us know next week how this works out.
[01:38:01.000 --> 01:38:02.000]  Okay, thank you.
[01:38:02.000 --> 01:38:03.000]  Okay.
[01:38:03.000 --> 01:38:04.000]  Thank you, Sonny.
[01:38:04.000 --> 01:38:05.000]  Okay.
[01:38:05.000 --> 01:38:07.000]  Now we're going to Doug.
[01:38:07.000 --> 01:38:09.000]  Hello, Doug.
[01:38:09.000 --> 01:38:13.000]  I understand you have a question on rescission.
[01:38:13.000 --> 01:38:24.000]  I do, in fact, and a lot of your callers, I think they have a bearing on my situation, which I would divide into two hot misses, one more ongoing and one more focal tonight.
[01:38:24.000 --> 01:38:26.000]  I did rescissions.
[01:38:26.000 --> 01:38:36.000]  I got a response letter back from one of the rescinded parties and that was the liquidating trustee for the ledger lender.
[01:38:36.000 --> 01:38:42.000]  And they said that as of 2007, that lender had no loans on their books.
[01:38:42.000 --> 01:38:47.000]  Now the assignment in my case was not done until 2011.
[01:38:47.000 --> 01:38:55.000]  So I put judicial notice of those facts into the case and the judge went ahead and ruled against me.
[01:38:55.000 --> 01:39:12.000]  And then after the 20 days have elapsed, I put another judicial notice in telling them that and all the things pertaining to Jesenowski and TILA and Regulation Z and so forth.
[01:39:12.000 --> 01:39:14.000]  And that's where I am.
[01:39:14.000 --> 01:39:27.000]  They have scheduled a share sale for November 25th, so I'm kind of wondering if this might be, my approach might be a combination of judicial misconduct, bar grievance and whatever else you can conjure up.
[01:39:27.000 --> 01:39:28.000]  Okay.
[01:39:28.000 --> 01:39:34.000]  I don't have enough information to understand how to make that claim against the judge.
[01:39:34.000 --> 01:39:35.000]  Okay.
[01:39:35.000 --> 01:39:47.000]  It sounds like somebody is claiming to be the holder and they're claiming that you gave notice to the wrong party.
[01:39:47.000 --> 01:39:49.000]  Do I understand that right?
[01:39:49.000 --> 01:39:50.000]  No.
[01:39:50.000 --> 01:39:54.000]  Well, I sent out rescission notices to two parties.
[01:39:54.000 --> 01:40:02.000]  One of the parties sent me a letter saying they were the liquidating bank trustee for the alleged lender.
[01:40:02.000 --> 01:40:05.000]  Okay.
[01:40:05.000 --> 01:40:09.000]  Notice to the agent is notice to the principal.
[01:40:09.000 --> 01:40:11.000]  Right.
[01:40:11.000 --> 01:40:12.000]  Okay.
[01:40:12.000 --> 01:40:15.000]  How long ago did this occur?
[01:40:15.000 --> 01:40:16.000]  A couple of months.
[01:40:16.000 --> 01:40:20.000]  The notices were out a couple of months ago and I put judicial notices in.
[01:40:20.000 --> 01:40:29.000]  I put one in and then right away after I put the first judicial notice notifying them of the rescission, the judge ruled against me.
[01:40:29.000 --> 01:40:49.000]  And then I got the 20 days elapsed after that and I put a notice in that the 20 days had elapsed and the lender had lost all rights for their claim against me based on those rescissions and some other things.
[01:40:49.000 --> 01:40:50.000]  Okay.
[01:40:50.000 --> 01:40:57.000]  So what is the position are you in now?
[01:40:57.000 --> 01:41:03.000]  I have a judicial sheriff's sale, excuse me, November 25.
[01:41:03.000 --> 01:41:07.000]  Do you have anything before the court?
[01:41:07.000 --> 01:41:10.000]  Meaning any fresh documents?
[01:41:10.000 --> 01:41:13.000]  Did you appeal the judge's ruling?
[01:41:13.000 --> 01:41:17.000]  No.
[01:41:17.000 --> 01:41:20.000]  How long ago was the ruling?
[01:41:20.000 --> 01:41:21.000]  A couple of months.
[01:41:21.000 --> 01:41:25.000]  So in Ohio I have 60 days to do the notice of appeal.
[01:41:25.000 --> 01:41:28.000]  So are you out of time?
[01:41:28.000 --> 01:41:41.000]  I believe, yes, unless there is something I can do with this rescission action, which I think that Neil Garfield says you can do a suit for enforcement on the rescission.
[01:41:41.000 --> 01:41:57.000]  The problem is if you've raised the rescission issue in a suit and now it may well be res judicata, I'm trying to think of how to get back at it from subject matter jurisdiction.
[01:41:57.000 --> 01:42:01.000]  When did you file the rescission?
[01:42:01.000 --> 01:42:06.000]  Did you file it before the suit was started?
[01:42:06.000 --> 01:42:09.000]  Okay, I'm not sure what you're asking there.
[01:42:09.000 --> 01:42:14.000]  When, what date did you file the rescission?
[01:42:14.000 --> 01:42:24.000]  I sent the rescission's notices to the parties probably in June and then put judicial notice into the court soon after that.
[01:42:24.000 --> 01:42:34.000]  Okay, when did the, was the issue, okay, what was the case before the court?
[01:42:34.000 --> 01:42:36.000]  Foreclosure.
[01:42:36.000 --> 01:42:50.000]  Foreclosure, okay. And you filed, was the rescission raised as an affirmative defense?
[01:42:50.000 --> 01:42:52.000]  No.
[01:42:52.000 --> 01:42:53.000]  Okay.
[01:42:53.000 --> 01:42:55.000]  Judicial notice.
[01:42:55.000 --> 01:43:01.000]  Oh, you just asked the judge to take your notice of it and he refused to?
[01:43:01.000 --> 01:43:02.000]  Yes.
[01:43:02.000 --> 01:43:08.000]  Good, okay. So you don't have res judicata, so yes.
[01:43:08.000 --> 01:43:17.000]  Now file an action to enforce the rescission and ask for a temporary restraining order.
[01:43:17.000 --> 01:43:21.000]  Oh, when is the sale set for?
[01:43:21.000 --> 01:43:25.000]  November 25th, so I've got some time.
[01:43:25.000 --> 01:43:30.000]  You've got some time. File a motion for restraining order along with the suit.
[01:43:30.000 --> 01:43:32.000]  Motion first.
[01:43:32.000 --> 01:43:39.000]  Would that suit be in the same court? Is it the county court of common pleas?
[01:43:39.000 --> 01:43:47.000]  Probably in a district court. I'm not sure what the, yeah, no, it wouldn't be, I don't think it'd be a common pleas.
[01:43:47.000 --> 01:43:53.000]  It'd probably be your district court, or superior, or higher level court, whatever they call it in Ohio.
[01:43:53.000 --> 01:44:00.000]  Hang on, radio, we'll be right back.
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[01:46:22.000 --> 01:46:29.000]  Okay, we are back.
[01:46:29.000 --> 01:46:31.000]  Randy Kelton, Rule of Law Radio.
[01:46:31.000 --> 01:46:33.000]  We're talking to Doug in Ohio.
[01:46:33.000 --> 01:46:37.000]  Okay, Doug, any other questions or comments?
[01:46:37.000 --> 01:46:40.000]  Does it make sense where we're going here?
[01:46:40.000 --> 01:46:42.000]  Yes, that would be a...
[01:46:42.000 --> 01:46:47.000]  In Ohio, we go from common pleas, county common pleas, to appellate.
[01:46:47.000 --> 01:46:49.000]  There's no superior.
[01:46:49.000 --> 01:46:52.000]  So where would I file that to, Randy?
[01:46:52.000 --> 01:46:55.000]  I'm not sure about Ohio.
[01:46:55.000 --> 01:46:56.000]  It'd be...
[01:46:56.000 --> 01:47:00.000]  Can you go from court of common pleas to what?
[01:47:00.000 --> 01:47:02.000]  To appellate.
[01:47:02.000 --> 01:47:03.000]  There's no superior court.
[01:47:03.000 --> 01:47:04.000]  Oh, okay.
[01:47:04.000 --> 01:47:07.000]  So then it'd have to be common pleas.
[01:47:07.000 --> 01:47:09.000]  I don't know.
[01:47:09.000 --> 01:47:10.000]  Good question.
[01:47:10.000 --> 01:47:11.000]  We have a municipal court.
[01:47:11.000 --> 01:47:13.000]  It sounds like the only court you got.
[01:47:13.000 --> 01:47:21.000]  It certainly will file an original petition in the court of appeals.
[01:47:21.000 --> 01:47:26.000]  But if you file it in the court of common pleas and it is the wrong court,
[01:47:26.000 --> 01:47:30.000]  they'll tell you which one you need to file in.
[01:47:30.000 --> 01:47:31.000]  Okay.
[01:47:31.000 --> 01:47:32.000]  And this would be...
[01:47:32.000 --> 01:47:35.000]  What's the nature of the suit again, Randy?
[01:47:35.000 --> 01:47:42.000]  Suit to enforce the decision.
[01:47:42.000 --> 01:47:43.000]  Hello?
[01:47:43.000 --> 01:47:45.000]  Hello.
[01:47:45.000 --> 01:47:46.000]  Did you not hear me?
[01:47:46.000 --> 01:47:47.000]  Are you there?
[01:47:47.000 --> 01:47:48.000]  Yes, I'm here.
[01:47:48.000 --> 01:47:50.000]  I can hear you.
[01:47:50.000 --> 01:47:51.000]  Okay.
[01:47:51.000 --> 01:47:53.000]  I think you may be losing sound.
[01:47:53.000 --> 01:47:57.000]  It would be a suit to enforce rescission.
[01:47:57.000 --> 01:47:59.000]  Recission, okay.
[01:47:59.000 --> 01:48:02.000]  And asking for a temporary restraining order?
[01:48:02.000 --> 01:48:06.000]  Not asking for a restraining order.
[01:48:06.000 --> 01:48:11.000]  Temporary restraining order, you'd ask for it if there's only 15 days left.
[01:48:11.000 --> 01:48:14.000]  If you can get this in early in the week,
[01:48:14.000 --> 01:48:20.000]  then you're ahead of the 15 days you can ask for a restraining order.
[01:48:20.000 --> 01:48:21.000]  Okay.
[01:48:21.000 --> 01:48:24.000]  Very good.
[01:48:24.000 --> 01:48:25.000]  All right.
[01:48:25.000 --> 01:48:26.000]  Okay.
[01:48:26.000 --> 01:48:27.000]  Thank you.
[01:48:27.000 --> 01:48:28.000]  I do need to move along.
[01:48:28.000 --> 01:48:33.000]  We've got two callers in 15 minutes and one of them is a truck driver.
[01:48:33.000 --> 01:48:36.000]  Hello, truck driver.
[01:48:36.000 --> 01:48:37.000]  Hey, Randy.
[01:48:37.000 --> 01:48:38.000]  Hello, Rob.
[01:48:38.000 --> 01:48:42.000]  I don't think I can get this done in time.
[01:48:42.000 --> 01:48:45.000]  Can I call you tomorrow and let you do your next caller?
[01:48:45.000 --> 01:48:46.000]  Wait a minute.
[01:48:46.000 --> 01:48:47.000]  Wait a minute.
[01:48:47.000 --> 01:48:48.000]  Something's wrong.
[01:48:48.000 --> 01:48:49.000]  I'm having trouble understanding you.
[01:48:49.000 --> 01:48:52.000]  Move the mic a little bit away from your mouth.
[01:48:52.000 --> 01:48:56.000]  I don't think I can get this done in the time we have.
[01:48:56.000 --> 01:49:00.000]  Can I call you tomorrow and let you address your next caller?
[01:49:00.000 --> 01:49:01.000]  Yes.
[01:49:01.000 --> 01:49:03.000]  Yes, you certainly can.
[01:49:03.000 --> 01:49:04.000]  Okay.
[01:49:04.000 --> 01:49:05.000]  I will call you tomorrow then.
[01:49:05.000 --> 01:49:11.000]  Just real quick, I have been filing bar grievances against members of the Bar Association for
[01:49:11.000 --> 01:49:14.000]  their responses to my bar grievances.
[01:49:14.000 --> 01:49:15.000]  Oh, wonderful.
[01:49:15.000 --> 01:49:16.000]  Okay.
[01:49:16.000 --> 01:49:17.000]  Yeah.
[01:49:17.000 --> 01:49:18.000]  Give me a call tomorrow.
[01:49:18.000 --> 01:49:21.000]  Earlier in the day is better than later in the day.
[01:49:21.000 --> 01:49:22.000]  Okay.
[01:49:22.000 --> 01:49:23.000]  Good deal.
[01:49:23.000 --> 01:49:24.000]  Thank you very much.
[01:49:24.000 --> 01:49:25.000]  Okay.
[01:49:25.000 --> 01:49:26.000]  Thank you, Rob.
[01:49:26.000 --> 01:49:27.000]  Okay.
[01:49:27.000 --> 01:49:29.000]  Now we're going to go to John in Colorado.
[01:49:29.000 --> 01:49:30.000]  Hello, John.
[01:49:30.000 --> 01:49:31.000]  Hi, Randy.
[01:49:31.000 --> 01:49:34.000]  Thank you for taking my call.
[01:49:34.000 --> 01:49:36.000]  A couple quick things, actually.
[01:49:36.000 --> 01:49:43.000]  When you get a chance, will you look up the DOT form number and talk about it on a future
[01:49:43.000 --> 01:49:44.000]  show?
[01:49:44.000 --> 01:49:45.000]  Certainly.
[01:49:45.000 --> 01:49:46.000]  Thank you.
[01:49:46.000 --> 01:49:53.000]  The second thing is I got your dictionary through local radio network a couple years
[01:49:53.000 --> 01:49:54.000]  ago.
[01:49:54.000 --> 01:49:55.000]  I listened to it.
[01:49:55.000 --> 01:49:58.000]  I went through all the forms and I thought it was really interesting.
[01:49:58.000 --> 01:50:00.000]  And now I have a practical use to use it.
[01:50:00.000 --> 01:50:05.000]  And if I hadn't had that background, I would have no prayer right now.
[01:50:05.000 --> 01:50:09.000]  So I have a chance right now and it's because you all turned me on to jurisdictionary.
[01:50:09.000 --> 01:50:11.000]  It's a really great product.
[01:50:11.000 --> 01:50:12.000]  Wonderful.
[01:50:12.000 --> 01:50:13.000]  I think other people should buy it.
[01:50:13.000 --> 01:50:14.000]  Thanks for your show.
[01:50:14.000 --> 01:50:15.000]  Bye.
[01:50:15.000 --> 01:50:16.000]  Wait a minute.
[01:50:16.000 --> 01:50:17.000]  That was it?
[01:50:17.000 --> 01:50:21.000]  I'm having a little trouble understanding you.
[01:50:21.000 --> 01:50:22.000]  Was that it?
[01:50:22.000 --> 01:50:23.000]  You just?
[01:50:23.000 --> 01:50:24.000]  That's all I have.
[01:50:24.000 --> 01:50:25.000]  Thanks, Randy.
[01:50:25.000 --> 01:50:26.000]  Oh, okay.
[01:50:26.000 --> 01:50:29.000]  Oh, well, thanks a lot.
[01:50:29.000 --> 01:50:31.000]  I appreciate that.
[01:50:31.000 --> 01:50:38.000]  Jurisdictionary, I can tell if someone's, when I'm talking to someone, if they've been
[01:50:38.000 --> 01:50:39.000]  through jurisdictionary.
[01:50:39.000 --> 01:50:45.000]  I was talking to Mark in Wisconsin several years ago.
[01:50:45.000 --> 01:50:47.000]  And he said, what happened?
[01:50:47.000 --> 01:50:49.000]  I said, well, did you do this?
[01:50:49.000 --> 01:50:51.000]  And he said, yeah, I did that.
[01:50:51.000 --> 01:50:52.000]  You need to follow mandamus.
[01:50:52.000 --> 01:50:53.000]  Oh, I did that.
[01:50:53.000 --> 01:50:56.000]  Everything I suggested, he said he did that.
[01:50:56.000 --> 01:50:59.000]  And I said, have you been through jurisdictionary?
[01:50:59.000 --> 01:51:00.000]  Oh, yeah, I got jurisdictionary.
[01:51:00.000 --> 01:51:02.000]  I've been through all of it.
[01:51:02.000 --> 01:51:04.000]  So you could tell.
[01:51:04.000 --> 01:51:14.000]  It may well be the most empowering thing that anybody who is not familiar with law could
[01:51:14.000 --> 01:51:22.000]  do because it tells you the stuff they don't tell you in law school.
[01:51:22.000 --> 01:51:25.000]  But since we've got time, Rob, you're still on the line.
[01:51:25.000 --> 01:51:27.000]  Rob?
[01:51:27.000 --> 01:51:29.000]  I'm still here.
[01:51:29.000 --> 01:51:30.000]  Quickly.
[01:51:30.000 --> 01:51:31.000]  You've got seven minutes.
[01:51:31.000 --> 01:51:33.000]  Let's just get started with this.
[01:51:33.000 --> 01:51:35.000]  That's not enough time, but I'll start.
[01:51:35.000 --> 01:51:36.000]  I'll start.
[01:51:36.000 --> 01:51:37.000]  Okay.
[01:51:37.000 --> 01:51:38.000]  Brief rehash.
[01:51:38.000 --> 01:51:47.000]  Way back in November of 2011, I was shown a house by a real estate broker.
[01:51:47.000 --> 01:51:54.000]  The house I was shown was owned by his mother, who was the co-owner of the real estate brokerage.
[01:51:54.000 --> 01:52:02.000]  I attempted to purchase that house via a mortgage on his influence that was declined because
[01:52:02.000 --> 01:52:05.000]  of a previous foreclosure.
[01:52:05.000 --> 01:52:12.000]  I subsequently entered into a real estate contract with his mother, co-owner of the
[01:52:12.000 --> 01:52:19.000]  real estate brokerage and owner of the house, private seller finance real estate contract
[01:52:19.000 --> 01:52:22.000]  to purchase the house.
[01:52:22.000 --> 01:52:27.000]  As part of the agreement, because I'm an over-the-road truck driver and wasn't able to get to an
[01:52:27.000 --> 01:52:35.000]  insurance agent to get insurance, the seller agreed to obtain the insurance if I paid for
[01:52:35.000 --> 01:52:42.000]  the insurance at settlement, which I did and have documents proving.
[01:52:42.000 --> 01:52:49.000]  Approximately a month after moving into the home after settlement, I received a letter
[01:52:49.000 --> 01:52:55.000]  from the servicer stating that the insurance was defective.
[01:52:55.000 --> 01:53:00.000]  I wrote back to the escrow servicer stating that the seller had agreed to make the
[01:53:00.000 --> 01:53:04.000]  insurance arrangements and they needed to speak to the seller.
[01:53:04.000 --> 01:53:09.000]  I received no response to that letter.
[01:53:09.000 --> 01:53:14.000]  About two and a half years later, I get a letter from the escrow servicer stating that
[01:53:14.000 --> 01:53:19.000]  there is no insurance on the property and that they will be resigning as my escrow
[01:53:19.000 --> 01:53:22.000]  servicer if I don't provide insurance.
[01:53:22.000 --> 01:53:27.000]  All this time I have been paying insurance escrow.
[01:53:27.000 --> 01:53:34.000]  I wrote back again stating that the seller had agreed to arrange the insurance and asking
[01:53:34.000 --> 01:53:39.000]  what was being done with my money for the past two and a half years if there was no
[01:53:39.000 --> 01:53:40.000]  insurance.
[01:53:40.000 --> 01:53:45.000]  We're talking over $3,000 at this point.
[01:53:45.000 --> 01:53:47.000]  I continued to make payments.
[01:53:47.000 --> 01:53:52.000]  That was in, I believe, September or October of 2014.
[01:53:52.000 --> 01:53:57.000]  I continued to make my escrow payments and continued to send information requests via
[01:53:57.000 --> 01:54:01.000]  certified mail to the escrow servicer.
[01:54:01.000 --> 01:54:08.000]  In January of this year, 2015, I sent notices of rescission to the escrow servicer to the
[01:54:08.000 --> 01:54:14.000]  broker slash real estate company and to the seller via certified mail.
[01:54:14.000 --> 01:54:17.000]  I received no response from the broker or the seller.
[01:54:17.000 --> 01:54:24.000]  I received a response from the escrow company notifying me that rescission was not in my
[01:54:24.000 --> 01:54:33.000]  real estate contract, but they would be resigning from servicing my escrow account.
[01:54:33.000 --> 01:54:39.000]  Fast forward a couple months, I get a letter from a new escrow servicer, no signature,
[01:54:39.000 --> 01:54:44.000]  no notice from the previous servicer or the seller, claiming that they are now the servicer
[01:54:44.000 --> 01:54:46.000]  of my account.
[01:54:46.000 --> 01:54:52.000]  I sent them a demand for validation and an information request specifically referencing
[01:54:52.000 --> 01:54:58.000]  tax and insurance accounting, received zero response, nothing.
[01:54:58.000 --> 01:55:05.000]  I am sealing them under the Unfair Practices Act in New Mexico for failing to provide
[01:55:05.000 --> 01:55:11.000]  insurance, or I'm sorry, failing to provide information under the administrative code
[01:55:11.000 --> 01:55:16.000]  in the Escrow Company Act that they're required to provide.
[01:55:16.000 --> 01:55:23.000]  Meanwhile, I start getting letters from an attorney claiming to be working for the seller
[01:55:23.000 --> 01:55:26.000]  demanding payment.
[01:55:26.000 --> 01:55:34.000]  I sent him validation demands, received additional letters, no validation, received a payment
[01:55:34.000 --> 01:55:41.000]  history photocopy and a photocopy of the real estate contract that's in the county records,
[01:55:41.000 --> 01:55:42.000]  nothing further.
[01:55:42.000 --> 01:55:46.000]  I'm sealing him under the FDCPA.
[01:55:46.000 --> 01:55:54.000]  I was just going to say, they gave me a nice FDCPA suit that you could take them all to
[01:55:54.000 --> 01:56:03.000]  the feds, you could take the insurance issue to the fed in the Long Whip DCPA suit.
[01:56:03.000 --> 01:56:09.000]  Aside from the $4,000 in insurance money, I have no damages yet.
[01:56:09.000 --> 01:56:14.000]  We're still in the house, haven't made a payment since January.
[01:56:14.000 --> 01:56:23.000]  So I'm kind of holding off on suing the original servicer and the seller yet, but that might
[01:56:23.000 --> 01:56:31.000]  change real soon because the idiot debt collector attorney sent me an uncertified letter stating
[01:56:31.000 --> 01:56:39.000]  that the real estate contract is now terminated and that my tenancy at will is terminated
[01:56:39.000 --> 01:56:46.000]  and that if I don't pay in three days, he's going to file an unlawful detainer.
[01:56:46.000 --> 01:56:55.000]  The problem with that is that the unlawful detainer must be filed subsequent to some other judicial decision.
[01:56:55.000 --> 01:57:03.000]  Also, the real estate contract requires that I be noticed of my default.
[01:57:03.000 --> 01:57:11.000]  Then they file the special warranty deed in the district court, then they can move to evict me.
[01:57:11.000 --> 01:57:16.000]  Wait a minute, this is a non-judicial foreclosure state, right?
[01:57:16.000 --> 01:57:20.000]  Well, it's a seller-financed real estate contract.
[01:57:20.000 --> 01:57:23.000]  There's no note, no mortgage.
[01:57:23.000 --> 01:57:33.000]  The seller submits their legal title to ESPRU with the real estate contract.
[01:57:33.000 --> 01:57:39.000]  I submit a special warranty deed that goes back to the seller if I default.
[01:57:39.000 --> 01:57:46.000]  In the meantime, I obtain equitable ownership of the property.
[01:57:46.000 --> 01:57:55.000]  They've skipped a whole bunch of steps here in this threat to go directly to an unlawful detainer.
[01:57:55.000 --> 01:58:01.000]  That should be easy enough to stop with a suit and a restraining order.
[01:58:01.000 --> 01:58:09.000]  I'm thinking simply to challenge subject matter jurisdiction and motion of dismissal.
[01:58:09.000 --> 01:58:12.000]  I don't think subject matter jurisdiction goes here.
[01:58:12.000 --> 01:58:18.000]  Subject matter jurisdiction is something you claim to a court.
[01:58:18.000 --> 01:58:20.000]  They say the court doesn't have it.
[01:58:20.000 --> 01:58:27.000]  Or you could say that the party doesn't have anything to invoke the subject matter jurisdiction of a court,
[01:58:27.000 --> 01:58:29.000]  but it always goes to a court.
[01:58:29.000 --> 01:58:35.000]  And if there is no court proceeding, other than the eviction, you might have a problem.
[01:58:35.000 --> 01:58:37.000]  We are out of time.
[01:58:37.000 --> 01:58:40.000]  Randy Kelton, Real Law Radio, thank you all for listening.
[01:58:40.000 --> 01:58:42.000]  We'll be back next week.
[01:58:42.000 --> 01:58:50.000]  Thank you all and good night.
[01:58:50.000 --> 01:58:58.000]  Bibles for America is offering absolutely free a unique study Bible called the New Testament Recovery Version.
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