[00:00.000 --> 00:06.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the deli
[00:06.000 --> 00:08.000]  bulletins for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:27.000]  Markets for Friday, the 15th of July, 2016, are currently trending with gold at $1,337.39
[00:27.000 --> 00:34.000]  an ounce, silver at $20.22 an ounce, Texas crude at $45.68 a barrel, and Bitcoin is
[00:34.000 --> 00:43.000]  currently sitting at about $669 U.S. currency.
[00:43.000 --> 00:49.000]  Today in history, the year 1799, the Rosetta Stone is found in the Egyptian village of
[00:49.000 --> 00:54.000]  Rosetta by French captain Pierre Francois Bachard during Napoleon's Egyptian campaign.
[00:54.000 --> 00:59.000]  Inscribed with the decree issued at Memphis, Egypt in 196 B.C. on behalf of King Ptolemy
[00:59.000 --> 01:05.000]  V, it appears in three scripts, ancient Egyptian hieroglyphs, Demotic script, and ancient Greek.
[01:05.000 --> 01:09.000]  This finding was a major breakthrough since the stone essentially provided the key to
[01:09.000 --> 01:19.000]  deciphering and opened the modern understanding of Egyptian hieroglyphs today in history.
[01:19.000 --> 01:24.000]  In recent news, 10.45 p.m. Thursday night during the Bastille Day Fireworks Celebration
[01:24.000 --> 01:30.000]  in the southern French city of Nice, 31-year-old Mohamed La Rueige Barreau, native of Tunisia,
[01:30.000 --> 01:35.000]  ran over people in a rented 19-ton refrigerated truck before a gunfight with three police
[01:35.000 --> 01:37.000]  officers, which finally killed him.
[01:37.000 --> 01:43.000]  Today the death toll rose to 84 and 202 injured as a result the French government has extended
[01:43.000 --> 01:47.000]  a national state of emergency with this third terrorist attack in France in 19 months.
[01:47.000 --> 01:52.000]  Though he had a history with police of theft and assault, he was never on any database
[01:52.000 --> 01:55.000]  or had ever been flagged for radicalization.
[01:55.000 --> 01:58.000]  He initially ran over two people and continued driving while running over more.
[01:58.000 --> 02:02.000]  He fired at three police officers who then pursued him and finally shot and killed him
[02:02.000 --> 02:08.000]  outside the Hyatt Hotel and Casino on the Pomenade des Anglais, a famous seaside boulevard
[02:08.000 --> 02:12.000]  where he had driven for over a mile running over people as they viewed the closing fireworks
[02:12.000 --> 02:14.000]  ceremony of Bastille Day.
[02:14.000 --> 02:19.000]  The 84 dead included 10 children and teenagers, two German students and their teacher, two
[02:19.000 --> 02:22.000]  Americans, two Tunisians, and one Russian.
[02:22.000 --> 02:27.000]  Of the 202 people wounded, 52 have serious injuries and 25 are in intensive care.
[02:27.000 --> 02:31.000]  Hours before the attack, President Hollande had stated that the state of emergency put
[02:31.000 --> 02:35.000]  in place after the November 13 attacks in Paris would end soon.
[02:35.000 --> 02:39.000]  However, as a consequence of this new event, the government will now seek to extend the
[02:39.000 --> 02:41.000]  state of emergency for another three months.
[02:41.000 --> 02:44.000]  The Lone Star Lowdown is currently looking for sponsors.
[02:44.000 --> 02:47.000]  If you have a client or a service that you would like to advertise with us, feel free
[02:47.000 --> 02:52.000]  to give me a call at 210-363-2257.
[02:52.000 --> 03:21.000]  This is Rick Rhodey with your Lowdown for July 15, 2016.
[03:21.000 --> 03:23.000]  Okay, we are back.
[03:23.000 --> 03:28.000]  Randy Kelton, Backpack, Little Low Radio, and we're talking to Mike in Tennessee.
[03:28.000 --> 03:37.000]  Okay, Mike, what are they, have you been charged with something currently or are they preparing
[03:37.000 --> 03:38.000]  to?
[03:38.000 --> 03:44.000]  Yeah, they charged me with a felon in possession of guns because I was in the vicinity of guns.
[03:44.000 --> 03:49.000]  Not that I had possession of anything, and the law in Tennessee doesn't say that.
[03:49.000 --> 03:55.000]  It only says you actually have to have had physical possession, ownership, or carrying,
[03:55.000 --> 03:56.000]  none of which happened.
[03:56.000 --> 04:02.000]  And even the guy that originally charged me, well, he's been fired for planning evidence
[04:02.000 --> 04:04.000]  on people, but that doesn't matter.
[04:04.000 --> 04:08.000]  And when I go to court and I ask the judge the form of court that he's operating, what
[04:08.000 --> 04:15.000]  rules are he's under, he says Google it, says he won't tell me, and so we can't go anywhere.
[04:15.000 --> 04:16.000]  We can't get anywhere.
[04:16.000 --> 04:23.000]  Of course, I keep asking him to verify that he's calling me the live man and not the corporation
[04:23.000 --> 04:26.000]  or trust with all capital names, which is what they're doing.
[04:26.000 --> 04:28.000]  They're coming after the Sescovy Trust.
[04:28.000 --> 04:32.000]  I've already confirmed that with the state, and the IRS has already confirmed.
[04:32.000 --> 04:36.000]  They filed a 1040 form after the Michael Parsons Trust.
[04:36.000 --> 04:43.000]  And so I know they're scammed, and they don't want it exposed.
[04:43.000 --> 04:51.000]  Okay, what is your intended ultimate outcome?
[04:51.000 --> 04:53.000]  My intended ultimate outcome?
[04:53.000 --> 04:56.000]  I would love to have the matter dismissed.
[04:56.000 --> 05:01.000]  I would love to have the people that attacked me and my family prosecuted and put in jail.
[05:01.000 --> 05:05.000]  But of course, the last time I went to court, they locked me up for five and a half months
[05:05.000 --> 05:06.000]  with no bond.
[05:06.000 --> 05:11.000]  A guy that's effectively charged with a Class E as an Edward felony, which the most you
[05:11.000 --> 05:15.000]  get one to two years, they're trying to tell me, no, we're going to give you 10 years.
[05:15.000 --> 05:18.000]  We're going to make it a Class C Charlie felony, which it's not.
[05:18.000 --> 05:22.000]  39-17-1307 is a Class E felony all day long.
[05:22.000 --> 05:26.000]  And in the last five and a half months that I was in jail, I witnessed no less than half
[05:26.000 --> 05:32.000]  a dozen guys with the same charge that actually had guns, had their charges dropped down to
[05:32.000 --> 05:36.000]  misdemeanor and time served after they served two months in jail.
[05:36.000 --> 05:37.000]  Okay.
[05:37.000 --> 05:45.000]  Somebody is PO'd at you and they're trying to come after you.
[05:45.000 --> 05:49.000]  Because when I ran for office, I was going to eliminate the implementation of Agenda
[05:49.000 --> 05:50.000]  21.
[05:50.000 --> 05:51.000]  Effectively, I didn't know what Agenda 21 was.
[05:51.000 --> 05:54.000]  I just knew that what they were doing was wrong.
[05:54.000 --> 06:01.000]  And what they were doing was implementing Agenda 21 with the inspections and the confiscation
[06:01.000 --> 06:04.000]  of property and things like that.
[06:04.000 --> 06:05.000]  Okay.
[06:05.000 --> 06:14.000]  Well, first thing, always with me, liberty is most important.
[06:14.000 --> 06:17.000]  I have issues that I won't address.
[06:17.000 --> 06:21.000]  This is what I do, is I'm trying to fix the system.
[06:21.000 --> 06:29.000]  But I will never try to fix the system at someone's, at the cost of someone's liberty.
[06:29.000 --> 06:36.000]  But my suggestion to you, first thing, let's get the liberty thing taken care of.
[06:36.000 --> 06:40.000]  And then there's a way to go after these guys.
[06:40.000 --> 06:44.000]  You know, we have tools.
[06:44.000 --> 06:50.000]  There's nothing more powerful in a county than an ordinary individual.
[06:50.000 --> 06:58.000]  Once you understand how powerful you really are, you can affect dramatic change.
[06:58.000 --> 07:05.000]  But you can't do it in the way that we intuitively think that we can.
[07:05.000 --> 07:12.000]  Taking them on directly, going in and trying to appeal to their better judgment or to their
[07:12.000 --> 07:20.000]  moral center, because for the most part they don't have one, other than what they believe
[07:20.000 --> 07:22.000]  is best for them at the moment.
[07:22.000 --> 07:25.000]  We have to give them something else to think about.
[07:25.000 --> 07:30.000]  And we've got some tools to do that with, but I don't suggest you use these tools yet
[07:30.000 --> 07:37.000]  until your liberty is taken care of.
[07:37.000 --> 07:45.000]  I don't know where to go yet because they're claiming that you were in the vicinity of
[07:45.000 --> 07:47.000]  a weapon.
[07:47.000 --> 07:54.000]  Is there a Tennessee statute that addresses, what does in the vicinity mean?
[07:54.000 --> 07:56.000]  There's no such law.
[07:56.000 --> 08:02.000]  The 3917-1307, which is a statute, which means it's a corporate policy, it's not a law,
[08:02.000 --> 08:05.000]  and we're not subject to it, only the government officials...
[08:05.000 --> 08:07.000]  Wait a minute, hold on, hold on.
[08:07.000 --> 08:13.000]  Have you been charged with a municipal ordinance violation?
[08:13.000 --> 08:14.000]  No, it's a statute.
[08:14.000 --> 08:17.000]  Tennessee code annotated as private law.
[08:17.000 --> 08:18.000]  It's called a...
[08:18.000 --> 08:19.000]  No, it's not.
[08:19.000 --> 08:20.000]  Hold on, hold on.
[08:20.000 --> 08:28.000]  There are people out here, Ralph Winnerud being one of them, that claims that the statutes
[08:28.000 --> 08:30.000]  are not law.
[08:30.000 --> 08:32.000]  They're corporate policy.
[08:32.000 --> 08:34.000]  No, it's not corporate policy.
[08:34.000 --> 08:39.000]  That's true in one way and not true in another.
[08:39.000 --> 08:51.000]  We have the laws as they're passed by the legislature.
[08:51.000 --> 08:52.000]  Those are statutes, sir.
[08:52.000 --> 08:54.000]  The only law is the constitution.
[08:54.000 --> 08:55.000]  No, those aren't statutes.
[08:55.000 --> 08:56.000]  Those aren't statutes.
[08:56.000 --> 08:58.000]  Those are public laws.
[08:58.000 --> 09:01.000]  We have the public law.
[09:01.000 --> 09:13.000]  And what the legislature authorized the state to do is hire a publisher to go into the public
[09:13.000 --> 09:17.000]  laws because they're not passed in order.
[09:17.000 --> 09:19.000]  They're just all over the place.
[09:19.000 --> 09:22.000]  Ralph Winnerud called into my show and said, oh, the statutes don't apply.
[09:22.000 --> 09:24.000]  Well, what applies, Ralph?
[09:24.000 --> 09:26.000]  Well, the public law applies.
[09:26.000 --> 09:29.000]  I said, well, that's interesting.
[09:29.000 --> 09:33.000]  You have to look in the public register.
[09:33.000 --> 09:35.000]  So that's interesting, Ralph.
[09:35.000 --> 09:38.000]  Public register is about 40,000 pages.
[09:38.000 --> 09:40.000]  You want to be a little more specific?
[09:40.000 --> 09:45.000]  All of the laws are scattered around all over in there, but nobody can find them.
[09:45.000 --> 09:59.000]  So they hire a publisher to take apart all the public laws and organize them in specific codes.
[09:59.000 --> 10:08.000]  Now, these codes are not the law, but they are a representation of the public law.
[10:08.000 --> 10:15.000]  And to the degree that they accurately represent the public law, they have the force of law.
[10:15.000 --> 10:23.000]  The only time you can argue that the code is not law is when the code doesn't match the public law.
[10:23.000 --> 10:27.000]  We got guys going out there and just said, oh, the statutes don't apply.
[10:27.000 --> 10:29.000]  Well, maybe they don't.
[10:29.000 --> 10:34.000]  But these guys are going to come out and they're going to act like they apply.
[10:34.000 --> 10:39.000]  And they're going to arrest you and throw you in jail just like they apply.
[10:39.000 --> 10:42.000]  So I don't even go there.
[10:42.000 --> 10:45.000]  I don't need to go there.
[10:45.000 --> 10:47.000]  I'm a creature of statute.
[10:47.000 --> 10:50.000]  You want to enforce a statute against me?
[10:50.000 --> 10:51.000]  Well, you knock yourself out.
[10:51.000 --> 10:59.000]  I will take your statute and I will cram it right down your throat with your own law the way you use them.
[10:59.000 --> 11:06.000]  If you want to stay out of jail, you're going to have to use their law the way they do.
[11:06.000 --> 11:08.000]  Just do it better.
[11:08.000 --> 11:13.000]  All the remedy you need is in the statute.
[11:13.000 --> 11:18.000]  I never go to court in court constitution.
[11:18.000 --> 11:26.000]  I called the police officer supervisor and asked him to arrest his officer
[11:26.000 --> 11:32.000]  because the officer told me if I didn't have a ticket in this court and I wasn't a lawyer,
[11:32.000 --> 11:37.000]  I couldn't look at the criminal files.
[11:37.000 --> 11:38.000]  Oh, is that true? Is that a fact?
[11:38.000 --> 11:39.000]  He said, yes, it is.
[11:39.000 --> 11:40.000]  Do you have a supervisor?
[11:40.000 --> 11:41.000]  She said, yes, I do.
[11:41.000 --> 11:43.000]  Get him.
[11:43.000 --> 11:45.000]  Well, why do you need a supervisor?
[11:45.000 --> 11:47.000]  I have business with the supervisor.
[11:47.000 --> 11:48.000]  Get him.
[11:48.000 --> 11:49.000]  So he gets a supervisor.
[11:49.000 --> 11:51.000]  The supervisor comes out and says, what can I do for you?
[11:51.000 --> 11:54.000]  I need you to arrest this officer.
[11:54.000 --> 11:56.000]  Well, why would I arrest this officer?
[11:56.000 --> 12:05.000]  He denied me and my right to a public court in violation of Texas Code of Criminal Procedure 1.27.
[12:05.000 --> 12:13.000]  Everything that's in the Constitution is represented by statutes.
[12:13.000 --> 12:16.000]  So you never quote the Constitution.
[12:16.000 --> 12:18.000]  You quote the statute.
[12:18.000 --> 12:22.000]  You take their own statutes and use it against them.
[12:22.000 --> 12:30.000]  This thing of trying to go around the statute and say they don't apply, they might be right,
[12:30.000 --> 12:32.000]  but it won't make any difference.
[12:32.000 --> 12:34.000]  They'll still put you in jail, just like they did apply.
[12:34.000 --> 12:39.000]  So I suggest read their own statutes.
[12:39.000 --> 12:43.000]  You'll find it reads like a comic book.
[12:43.000 --> 12:49.000]  You'll read, if you read the penal code and your criminal procedure code for the state of Tennessee,
[12:49.000 --> 12:59.000]  you will say, holy mackerel, all this stuff I got that I can beat them up with.
[12:59.000 --> 13:09.000]  If someone files a document, and in that document they make a statement that's untrue,
[13:09.000 --> 13:14.000]  even if it's not aggravated perjury, it's tampered with a government document,
[13:14.000 --> 13:18.000]  and that's spelled in most every state.
[13:18.000 --> 13:25.000]  So you go down and file criminal charges against them with some magistrate,
[13:25.000 --> 13:29.000]  and then the magistrate will refuse to take the complaints.
[13:29.000 --> 13:31.000]  Wonderful.
[13:31.000 --> 13:35.000]  Then you go file against the magistrate with another magistrate.
[13:35.000 --> 13:37.000]  Okay, I have some rules.
[13:37.000 --> 13:43.000]  Never ask a public official to do anything you actually want him to do,
[13:43.000 --> 13:50.000]  and never ask a public official to do anything that the law does not specifically command him to do.
[13:50.000 --> 13:57.000]  And when he doesn't do it, then you get to sting him by filing charges against him with somebody else.
[13:57.000 --> 14:04.000]  You can set these guys up to where you will become such a political liability for them
[14:04.000 --> 14:10.000]  that they will want you out of their court.
[14:10.000 --> 14:15.000]  But not with these, there's a lot of these patriot arguments out there.
[14:15.000 --> 14:20.000]  I'm not even going to address whether they're true and accurate or not.
[14:20.000 --> 14:22.000]  It doesn't matter.
[14:22.000 --> 14:26.000]  The Bonds v. United States 2000 case, and it clearly said what I just told you.
[14:26.000 --> 14:30.000]  I'm going by the Supreme Court's rulings.
[14:30.000 --> 14:34.000]  I got Supreme Court rulings out my kazoo.
[14:34.000 --> 14:41.000]  You give me anything you want to say, and I'll find you court rulings to support that.
[14:41.000 --> 14:43.000]  The government is a corporation.
[14:43.000 --> 14:45.000]  That's the Supreme Court...
[14:45.000 --> 14:47.000]  So what?
[14:47.000 --> 14:49.000]  So what?
[14:49.000 --> 14:52.000]  If we're not government employees, we're not a party to it.
[14:52.000 --> 14:54.000]  And then the Clearfield Doctrine...
[14:54.000 --> 14:56.000]  Hold on, hold on, hold on.
[14:56.000 --> 15:01.000]  One of my rules is never make a proactive statement of law out of your own mouth.
[15:01.000 --> 15:05.000]  You're not a party to the contract.
[15:05.000 --> 15:08.000]  Do you have a Social Security number?
[15:08.000 --> 15:10.000]  No, I rescinded it.
[15:10.000 --> 15:13.000]  Did you have a Social Security number?
[15:13.000 --> 15:14.000]  I did.
[15:14.000 --> 15:16.000]  My mother signed it not knowing what she was doing.
[15:16.000 --> 15:18.000]  Same with the birth certificate.
[15:18.000 --> 15:21.000]  You're still a party to the contract.
[15:21.000 --> 15:32.000]  If you elected to bring yourself within the political boundaries of the state of Tennessee,
[15:32.000 --> 15:37.000]  you are in an adhesion contract with the state of Tennessee.
[15:37.000 --> 15:38.000]  Yeah, fraud negates consent.
[15:38.000 --> 15:40.000]  The state of Tennessee is a corporation.
[15:40.000 --> 15:42.000]  It's not a place.
[15:42.000 --> 15:44.000]  The state of Tennessee has...
[15:44.000 --> 15:45.000]  Now, wait a minute.
[15:45.000 --> 15:48.000]  That's a misstatement.
[15:48.000 --> 15:53.000]  The state of Tennessee has filed for corporate status.
[15:53.000 --> 15:55.000]  The state of Tennessee is coming after me.
[15:55.000 --> 15:59.000]  The state of Tennessee, not the state of Tennessee, but just the state of Tennessee in all caps.
[15:59.000 --> 16:00.000]  It's the corporate entity.
[16:00.000 --> 16:01.000]  I've already verified it.
[16:01.000 --> 16:03.000]  They pulled a 10-40 form.
[16:03.000 --> 16:05.000]  Yes, they have a corporation.
[16:05.000 --> 16:06.000]  So what?
[16:06.000 --> 16:12.000]  They're coming after money out of a trust account that was created from a birth certificate that was created in fraud.
[16:12.000 --> 16:16.000]  That has nothing to do with a criminal prosecution.
[16:16.000 --> 16:21.000]  A criminal prosecution is under statute, not under the corporation.
[16:21.000 --> 16:24.000]  Under the corporation, they buy toilet paper.
[16:24.000 --> 16:26.000]  Under the corporation, they pay their employees.
[16:26.000 --> 16:31.000]  They put money in investment funds.
[16:31.000 --> 16:34.000]  Under the statutory law, they prosecute.
[16:34.000 --> 16:37.000]  But that judge steps up behind the bench.
[16:37.000 --> 16:39.000]  Yes, he's a corporate officer.
[16:39.000 --> 16:46.000]  But when he steps up behind that bench, he's not stepping up behind that bench in his corporate capacity.
[16:46.000 --> 16:52.000]  He's stepping up behind that bench in his statutory capacity.
[16:52.000 --> 17:12.000]  And he has the statutory power to do what he's doing, the fact that he's also a member of the corporation.
[17:52.000 --> 18:00.000]  So head on over to logosradionetwork.com for more information and to donate to keep the Logos Radio Network on the air.
[18:00.000 --> 18:06.000]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
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[18:25.000 --> 18:31.000]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
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[19:00.000 --> 19:10.000]  You are listening to the Logos Radio Network, www.logosradionetwork.com
[19:10.000 --> 19:38.000]  Well, don't let nothing get to you. Only the Father can deliver you. And don't let bad-minded people hurt you. And just say something, get behind. You know what I mean? My friend, Nala Jackson.
[19:38.000 --> 19:44.000]  Okay, we are back, Randy Kelton, that packed with our radio. We're talking to Mike in Tennessee.
[19:44.000 --> 19:54.000]  Mike, the reason I ask you, what was your intended outcome? Because it's very important.
[19:54.000 --> 20:02.000]  If you're going to try to stay out of jail, you're being prosecuted under a statutory code.
[20:02.000 --> 20:09.000]  If you want to beat the prosecution, I can help you do that under the statutory code.
[20:09.000 --> 20:16.000]  But if you want to prove that the statutory code doesn't apply, good luck.
[20:16.000 --> 20:23.000]  I've been doing this a long time and I've heard this argument for 20 years.
[20:23.000 --> 20:32.000]  I have never, ever found anyone to win this argument. Never.
[20:32.000 --> 20:36.000]  How can you proceed? You don't know the rules if you don't know the form of court.
[20:36.000 --> 20:42.000]  I know the rules. What statute are you charged under?
[20:42.000 --> 20:45.000]  The form of court, the rules change. There's different rules.
[20:45.000 --> 20:55.000]  I can't do this. This is some theoretical thing that you're theorizing that none of these rules apply.
[20:55.000 --> 21:04.000]  But they're going to act like they apply and they're going to put you in jail just like they apply.
[21:04.000 --> 21:11.000]  You can argue that they don't apply all you want to and you go back to jail. I can't help you.
[21:11.000 --> 21:17.000]  I'm a creature of statute.
[21:17.000 --> 21:22.000]  Yes, I know these codes. I've been 20 years hearing this stuff.
[21:22.000 --> 21:32.000]  And almost every person who's brought them wound up in jail, fixing, changing nothing.
[21:32.000 --> 21:39.000]  Once you go to jail, you're not going to help any of us change anything.
[21:39.000 --> 21:43.000]  Without knowing the form of court, I don't know which rules to use.
[21:43.000 --> 21:53.000]  Let me explain to you which rules to use. What statute did they charge you under?
[21:53.000 --> 21:56.000]  Tennessee Code Annotated 3917.
[21:56.000 --> 22:05.000]  Use Tennessee statutes, Tennessee Penal Code, Tennessee Code of Criminal Procedure, use those rules.
[22:05.000 --> 22:08.000]  They will work.
[22:08.000 --> 22:15.000]  The form of court is what determines the rules.
[22:15.000 --> 22:17.000]  I can't help you. I can't help you.
[22:17.000 --> 22:25.000]  You are determined to force the government to act the way you believe the government should act.
[22:25.000 --> 22:28.000]  I have a right to know the form of court, do I not?
[22:28.000 --> 22:30.000]  Good luck with that.
[22:30.000 --> 22:34.000]  So that's the secret they don't want us to know.
[22:34.000 --> 22:39.000]  The system screwed up. I got that.
[22:39.000 --> 22:45.000]  Let's fix it. Instead of fighting me over the truth, fight with me to defeat them.
[22:45.000 --> 22:53.000]  You want me to have some religious conversion here and decide that everything is wrong.
[22:53.000 --> 22:56.000]  None of the laws as they apply them matter.
[22:56.000 --> 23:03.000]  That we've got to come to some theoretical position to where we do the law the way you want to do the law.
[23:03.000 --> 23:05.000]  You can do that. That's not what I do.
[23:05.000 --> 23:10.000]  I try to help people stay out of jail.
[23:10.000 --> 23:15.000]  I don't care what the truth is.
[23:15.000 --> 23:19.000]  I'm real. I don't care. I'm an engineer.
[23:19.000 --> 23:30.000]  I care what works.
[23:30.000 --> 23:33.000]  Have you ever been in the military?
[23:33.000 --> 23:38.000]  Wait a minute, Mike, have you ever been in the military?
[23:38.000 --> 23:55.000]  Mike, I can't help you. I've been down these Patriot mythology paths for 20 years.
[23:55.000 --> 23:58.000]  So what? What does that have to do with anything?
[23:58.000 --> 24:01.000]  We're not subject to the corporate policy.
[24:01.000 --> 24:06.000]  What does the Supreme Court say we're not subject to the corporate policy?
[24:06.000 --> 24:13.000]  Bond versus United States, the 2000 case, and in the Clearfield Doctrine.
[24:13.000 --> 24:20.000]  Only if we consent to the jurisdiction can they proceed. If you don't consent, they can't proceed.
[24:20.000 --> 24:33.000]  Did you position yourself within the borders of the United States?
[24:33.000 --> 24:36.000]  This is what I get.
[24:36.000 --> 24:48.000]  No matter what I say, you negate it with the same kind of circular reasoning that's going to put you back in jail.
[24:48.000 --> 24:54.000]  You're not going to be able to fix this system if you're sitting in a jail cell.
[24:54.000 --> 24:58.000]  I was railroaded in the prison.
[24:58.000 --> 25:05.000]  You're going to get railroaded again because you argue the same kinds of arguments.
[25:05.000 --> 25:10.000]  Did they work for you last time?
[25:10.000 --> 25:14.000]  First, let's fix our liberty.
[25:14.000 --> 25:22.000]  You can take what they're doing, the way they're doing it, and beat the crap out of them with it.
[25:22.000 --> 25:23.000]  That's what we do.
[25:23.000 --> 25:29.000]  They're imposing this government, and you won't even tell me the form of court.
[25:29.000 --> 25:32.000]  I wish you'd tell me the form of court. Nobody seems to want to.
[25:32.000 --> 25:37.000]  I don't care what the form of court is. I do not care.
[25:37.000 --> 25:40.000]  What difference does it make?
[25:40.000 --> 25:46.000]  They're following a penal code and a code of criminal procedure.
[25:46.000 --> 25:56.000]  Some esoteric form of court is not going to change the penal code and the code of criminal procedure.
[25:56.000 --> 26:02.000]  But making this argument is going to get you in jail.
[26:02.000 --> 26:04.000]  Sir, I've already been there. That's what I'm trying to explain to you.
[26:04.000 --> 26:06.000]  I've already been on the path that you were saying.
[26:06.000 --> 26:10.000]  So go in there again. Didn't you learn anything?
[26:10.000 --> 26:13.000]  Yeah, that's why I'm trying to explain it to you.
[26:13.000 --> 26:15.000]  And you apparently can't seem to listen to me because...
[26:15.000 --> 26:20.000]  You know, I've been 20 years here in this same stuff.
[26:20.000 --> 26:24.000]  And the guys who's been telling me that stuff, most of them are in jail.
[26:24.000 --> 26:30.000]  The United States is a Supreme Court ruling, says it's a corporation. We're not subject to it.
[26:30.000 --> 26:33.000]  Who cares?
[26:33.000 --> 26:40.000]  Are these policemen going to act like the statutes apply?
[26:40.000 --> 26:44.000]  Are they going to arrest you under those statutes that don't apply?
[26:44.000 --> 26:49.000]  Sir, I wasn't even here. I was in another state and the guns were locked up in my wife's safe.
[26:49.000 --> 26:53.000]  You're not answering my question. You're dodging.
[26:53.000 --> 26:56.000]  Do you really think that...
[26:56.000 --> 27:02.000]  You have another agenda. I don't know what your agenda is, but it's not staying out of jail.
[27:02.000 --> 27:06.000]  Yeah, it is, but I'm not going to be led down a path into jail again
[27:06.000 --> 27:13.000]  because of a radio talk show host that refuses to look at the facts of a Supreme Court ruling that proves it's a corporation.
[27:13.000 --> 27:17.000]  What does that have to do with anything?
[27:17.000 --> 27:29.000]  You're basing your liberty on the fact that the courts are a corporation.
[27:29.000 --> 27:37.000]  Does that mean that none of the laws in the United States are enforceable because it's a corporation?
[27:37.000 --> 27:42.000]  Only by consent, according to the Supreme Court. Only by consent. And there's 12 different assumptions.
[27:42.000 --> 27:51.000]  So you could walk out and shoot me, and they can't prosecute you for murder unless you consent to it?
[27:51.000 --> 27:56.000]  No, the DA only prosecutes who he wants to. The man that shot at us 29 times was never prosecuted.
[27:56.000 --> 28:01.000]  He killed my dog right in front of me. He never spent a day in jail.
[28:01.000 --> 28:06.000]  So I know what they can and can't do. They do whatever the hell they want.
[28:06.000 --> 28:09.000]  That is not true.
[28:09.000 --> 28:10.000]  Oh, yes it is.
[28:10.000 --> 28:19.000]  I can show you how to kick their behinds, but I can't show you how to do it calling them a corporation.
[28:19.000 --> 28:28.000]  I will step right into their house, and I will do things the way they claim they're doing things.
[28:28.000 --> 28:38.000]  And I'll show you how to kick their behinds with their own rules, with their own tools, the way they use them.
[28:38.000 --> 28:41.000]  Then if we want to, we can try to fix it.
[28:41.000 --> 28:47.000]  But I've spent all my time trying to keep people out of jail using their tools, and it is effective.
[28:47.000 --> 29:03.000]  Did you hear Scott earlier? He is kicking their behinds using their tools the way they use their tools, just turning it back on them.
[29:03.000 --> 29:07.000]  You're not going to fix it this way. You may be right.
[29:07.000 --> 29:18.000]  I've tried to put this corporate issue together, but always I find places where they jump over dots.
[29:18.000 --> 29:21.000]  I'm an engineer, and I just connect dots together.
[29:21.000 --> 29:27.000]  And they go down these dots, and then they jump over this hard place.
[29:27.000 --> 29:35.000]  Tim Turner, he was one of the most irritating. Now he's in jail.
[29:35.000 --> 29:41.000]  There's another one that's thinking his name in a second. He's being prosecuted right now.
[29:41.000 --> 29:47.000]  These guys are trying to make these arguments, and they're all going to jail.
[29:47.000 --> 29:53.000]  We can affect the system much more profoundly by using their own system against them.
[29:53.000 --> 30:03.000]  Hang on, Randy Kelton, we'll be right back.
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[33:17.000 --> 33:24.000]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Mike in Tennessee and Mark.
[33:24.000 --> 33:28.000]  I know this is frustrating. It's frustrating for you and it's frustrating for me.
[33:28.000 --> 33:35.000]  I've been doing the show a long time, and I used to get these types of arguments a lot.
[33:35.000 --> 33:41.000]  I don't get them so often anymore, and I don't mean to be difficult.
[33:41.000 --> 33:47.000]  I have spent this time because I do consider this very important.
[33:47.000 --> 33:52.000]  I have another caller that's waiting to come on. He's Oliver from Tennessee.
[33:52.000 --> 34:00.000]  I think he's in Jackson, but they came on to his personal property.
[34:00.000 --> 34:07.000]  They tore down a house he had and towed off a bunch of cars he had.
[34:07.000 --> 34:13.000]  He called in and we talked, and I sent him back to their codes.
[34:13.000 --> 34:19.000]  I said, go back to that city and get their own ordinances and read their ordinances.
[34:19.000 --> 34:25.000]  I could make a really good argument that says that a city ordinance doesn't apply to you,
[34:25.000 --> 34:33.000]  and that goes to a corporation because the legislature is authorized by the Constitution to write law,
[34:33.000 --> 34:37.000]  but they're not authorized to delegate that authority.
[34:37.000 --> 34:45.000]  That's why when a municipal corporation writes what they consider law, they call it an ordinance
[34:45.000 --> 34:53.000]  because it can't be law, and the only one that's subject to that ordinance are members of the corporation
[34:53.000 --> 35:01.000]  or people in a contract with the corporation that brings them under their regulatory scheme.
[35:01.000 --> 35:07.000]  Rather than make that argument, I said, go read their own code, and he went and read their code.
[35:07.000 --> 35:12.000]  Their code very specifically said they can't do what they did.
[35:12.000 --> 35:19.000]  Oliver is kicking their behinds with their own code.
[35:19.000 --> 35:25.000]  Yes, I would like to fix the laws. I would like to see the laws the way they're supposed to be,
[35:25.000 --> 35:28.000]  but they're not that way right now.
[35:28.000 --> 35:32.000]  First, I'll deal with them the way they are.
[35:32.000 --> 35:35.000]  The reason I ask you about the military is I'm a combat veteran.
[35:35.000 --> 35:40.000]  In combat, you don't get to lose fights. You only get to lose one fight,
[35:40.000 --> 35:43.000]  so you have to be real careful what you get into.
[35:43.000 --> 35:47.000]  I have all of these weapons that I can use.
[35:47.000 --> 35:52.000]  Some of them are propaganda weapons. Some of them are actual physical weapons.
[35:52.000 --> 36:02.000]  I look at an issue, and I look at the fight, and I ask myself, if I get into this fight and I win it,
[36:02.000 --> 36:10.000]  is it going to be worth the resources? Am I going to get any further toward my intended outcome?
[36:10.000 --> 36:14.000]  If I get into this fight and I lose it, will it move me toward my intended outcome?
[36:14.000 --> 36:21.000]  I don't care if I win or lose. I have an intended ultimate outcome that I'm trying to get to.
[36:21.000 --> 36:29.000]  Everything I do, I weigh my next step based on my intended ultimate outcome.
[36:29.000 --> 36:37.000]  Once I reach that one, then I'll set another, and that's why I ask you what your intended outcome was.
[36:37.000 --> 36:43.000]  First outcome first, and if your first outcome is to protect at your liberty,
[36:43.000 --> 36:50.000]  I'm going to suggest to you that if you want them to have a real problem with you,
[36:50.000 --> 36:53.000]  you jump right in that trough with them.
[36:53.000 --> 36:58.000]  I say, you guys want to use the statutory code?
[36:58.000 --> 37:03.000]  I'll take that statutory code, and I will cram it right down your throats.
[37:03.000 --> 37:10.000]  I have yet to find a single prosecutor who's read his own code.
[37:10.000 --> 37:14.000]  As a matter of fact, the code actually says an exception.
[37:14.000 --> 37:19.000]  If the guns are locked up or the respondent doesn't have a key or combination, he's not in possession.
[37:19.000 --> 37:24.000]  I don't have a key to where they were locked up.
[37:24.000 --> 37:26.000]  I'm in another state.
[37:26.000 --> 37:32.000]  They called me to come back from the road trip that I was on and arrested me,
[37:32.000 --> 37:38.000]  brought me back to where my wife's guns were, and said, okay, now arrest him.
[37:38.000 --> 37:41.000]  The preliminary hearing exposed that.
[37:41.000 --> 37:45.000]  One parole officer admitted, yeah, the guns are locked up in her house.
[37:45.000 --> 37:51.000]  He doesn't have a key, and oh, yeah, he's out in the front yard because we just had him drive back from Missouri.
[37:51.000 --> 37:57.000]  Have you filed criminal charges against the prosecutor and the judge?
[37:57.000 --> 38:03.000]  I just got out of jail after five and a half months of being starved and tortured, and I have three broke ribs.
[38:03.000 --> 38:11.000]  So the only reason they let me out under an $85,000 bond, no less,
[38:11.000 --> 38:20.000]  realized there's a guy in there that's got escape charges and 12 different burglary charges, and his bond was less than me.
[38:20.000 --> 38:24.000]  Are you willing to go after them?
[38:24.000 --> 38:25.000]  Oh, yeah.
[38:25.000 --> 38:29.000]  I've already sued them twice, and the courts just dismissed.
[38:29.000 --> 38:30.000]  Okay.
[38:30.000 --> 38:35.000]  I will give you a prescription to give them more grief than they can imagine.
[38:35.000 --> 38:42.000]  I just had someone in the county seat where I live write a key.
[38:42.000 --> 38:48.000]  The officer wrote me a ticket, and I told him when he was done, said, Officer Reese,
[38:48.000 --> 38:51.000]  I'm fixing to give you a romp through the legal system.
[38:51.000 --> 38:54.000]  You are not going to believe.
[38:54.000 --> 38:56.000]  Oh, you are, Mr. Kelvin.
[38:56.000 --> 39:00.000]  Yes, I am, and that's exactly what I did.
[39:00.000 --> 39:11.000]  I didn't show up for my preliminary hearing, and that dirty, rascal prosecuting attorney dismissed my case when the fun was just getting started.
[39:11.000 --> 39:14.000]  These guys want to fight with me?
[39:14.000 --> 39:21.000]  I will give you one you won't believe, and I'll do it with your own law the way you claim to use it.
[39:21.000 --> 39:29.000]  And I'm suggesting to you, when you start taking these guys to task for what they're doing wrong,
[39:29.000 --> 39:31.000]  that they will want to get rid of you.
[39:31.000 --> 39:36.000]  They will want this case to go away and not ever talk to you again.
[39:36.000 --> 39:44.000]  I filed a motion as soon as I got the indictment for dismissal, citing the fact that I didn't follow the rules and the evidence,
[39:44.000 --> 39:46.000]  and the judge sat on it for eight months.
[39:46.000 --> 39:54.000]  And then finally, after I proved to him I didn't have jurisdiction and I wasn't consenting to his jurisdiction, he dismissed the case.
[39:54.000 --> 39:57.000]  And then they just charged me and started all over again.
[39:57.000 --> 40:09.000]  Okay. Did you petition the Court of Appeals for writ of mandamus ordering the prosecuting attorney to dismiss the case or to cease the prosecution?
[40:09.000 --> 40:14.000]  Did you file criminal charges against the prosecuting attorney?
[40:14.000 --> 40:22.000]  I've got a habeas corpus right now trying to get them to release me from this insane bond and GPS tracker and the whole bit.
[40:22.000 --> 40:37.000]  Okay. If we can get to the code, and I don't have an opinion on whether the codes apply, if we just go to the code,
[40:37.000 --> 40:43.000]  I'm going to suggest read the Tennessee Criminal Procedure Code.
[40:43.000 --> 40:49.000]  You have all sorts of remedies in there.
[40:49.000 --> 40:54.000]  I take them apart by detail, and this is the way I suggest you read the code.
[40:54.000 --> 40:59.000]  Don't try to understand it. Just read through it.
[40:59.000 --> 41:08.000]  I've had plenty of years to read on it, so I've got my latest precious 2015 copy, and I've read it and the last five and a half months refreshed myself,
[41:08.000 --> 41:13.000]  and I know exactly where all the dashed graphs are and where all the you-shoulds are.
[41:13.000 --> 41:24.000]  In the Fed, we have 18 U.S. Code 242, and every state has a statute that reflects 18 U.S. Code 242.
[41:24.000 --> 41:26.000]  It's kind of our catch-all.
[41:26.000 --> 41:38.000]  If a public official acting under the color or pretense of an official capacity exerts or purports to exert an authority he does not expressly have
[41:38.000 --> 41:43.000]  and in the process denies a citizen in the full free access to or enjoyment of a right.
[41:43.000 --> 41:45.000]  That's a Class A misdemeanor.
[41:45.000 --> 41:48.000]  In Texas, it's 3903.
[41:48.000 --> 41:55.000]  Every state has a statute that reflects 18 U.S. Code 242.
[41:55.000 --> 41:59.000]  Do you know what statute that is in Tennessee?
[41:59.000 --> 42:03.000]  Right, the problem is I'm not a U.S. citizen.
[42:03.000 --> 42:09.000]  You always go to the, so what?
[42:09.000 --> 42:12.000]  Okay, this is a legal standard.
[42:12.000 --> 42:17.000]  Always when you make an argument to the judge, the judge is going to say, so what?
[42:17.000 --> 42:19.000]  Okay, what does that have to do with anything?
[42:19.000 --> 42:21.000]  How does that apply?
[42:21.000 --> 42:22.000]  Right.
[42:22.000 --> 42:28.000]  How does you not being a U.S. citizen apply?
[42:28.000 --> 42:36.000]  If an illegal immigrant comes into the United States and commits a crime, do our penal laws not apply to him?
[42:36.000 --> 42:44.000]  His jurisdiction requires, number one, that this be a person, a juristic person, and they have a legal definition for that.
[42:44.000 --> 42:49.000]  Okay, your living, breathing human being, that is a person.
[42:49.000 --> 42:58.000]  That's included in the definition of person along with legal fictions, okay?
[42:58.000 --> 43:03.000]  Does it apply?
[43:03.000 --> 43:06.000]  Are you subject to the common law?
[43:06.000 --> 43:10.000]  That's generally what the penal code is referred to.
[43:10.000 --> 43:12.000]  No, this is private law.
[43:12.000 --> 43:13.000]  It's not common law.
[43:13.000 --> 43:14.000]  They don't even reference common law.
[43:14.000 --> 43:23.000]  Are you saying you're not subject to the statutory criminal law, no matter what it is?
[43:23.000 --> 43:25.000]  No, I'm actually not.
[43:25.000 --> 43:26.000]  I'm not a U.S. citizen.
[43:26.000 --> 43:28.000]  You don't have a chance.
[43:28.000 --> 43:30.000]  You're going to go back to jail.
[43:30.000 --> 43:32.000]  I can't help you.
[43:32.000 --> 43:35.000]  Because I'm telling you the truth and you just...
[43:35.000 --> 43:36.000]  You're feeding me crap.
[43:36.000 --> 43:38.000]  You're feeding me half truths.
[43:38.000 --> 43:41.000]  You're feeding me suppositions.
[43:41.000 --> 43:46.000]  You're stating law out of your own mouth, not giving me clear...
[43:46.000 --> 43:50.000]  Okay, look, I can't help you.
[43:50.000 --> 43:52.000]  I just can't help you.
[43:52.000 --> 43:54.000]  I can hear it in your tone.
[43:54.000 --> 43:55.000]  I'm sorry.
[43:55.000 --> 43:56.000]  Yeah, it's frustrating.
[43:56.000 --> 44:02.000]  I'm sorry.
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[45:39.000 --> 45:43.000]  about the principles and practices that control our American courts.
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[46:14.000 --> 46:24.000]  Whoa, whoa, whoa, yeah.
[46:24.000 --> 46:30.000]  Always, I must be careful what I'm wishing for.
[46:30.000 --> 46:35.000]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.000 --> 46:41.000]  I ain't asking for much, I ain't trying to be no glutton.
[46:41.000 --> 46:45.000]  I'm just here making my living pushing buttons.
[46:45.000 --> 46:53.000]  Okay, we are back. Randy Kelton, Jetpack, Rule of Law Radio, and if I sound frustrated, I am.
[46:53.000 --> 46:59.000]  I don't come across this issue as often as I used to.
[46:59.000 --> 47:10.000]  When we first started the show, we got a lot of people calling in, espousing the issues that the laws don't apply.
[47:10.000 --> 47:22.000]  The government is a corporation, and since they're a corporation, the corporation doesn't apply to us.
[47:22.000 --> 47:30.000]  I never have been able to get a good legal position on that.
[47:30.000 --> 47:37.000]  Every time I get case law and I read the case law, the case law is taken out of context.
[47:37.000 --> 47:43.000]  I don't understand what's going on.
[47:43.000 --> 47:55.000]  If I sound frustrated, I certainly am, because we have tools that we can achieve remedy with.
[47:55.000 --> 48:02.000]  I do a show on Monday night with the Untruth Radio Network with Pastor Masson.
[48:02.000 --> 48:12.000]  He gave Sam Kennedy a start and several of these others that do the commercial method.
[48:12.000 --> 48:17.000]  All of this goes to the commercial method.
[48:17.000 --> 48:31.000]  He told me once, I have never personally known anyone to achieve remedy using these techniques.
[48:31.000 --> 48:35.000]  That was distressing to hear.
[48:35.000 --> 48:39.000]  Sam Kennedy's in jail.
[48:39.000 --> 48:44.000]  I'm trying to think of the other guy that was on the show, but there are a number of them.
[48:44.000 --> 48:48.000]  Tim Turner was one of these guys. He's in jail.
[48:48.000 --> 48:55.000]  All these guys that were promoting this argument are in jail now.
[48:55.000 --> 48:58.000]  Maybe they're right. I don't know.
[48:58.000 --> 49:07.000]  I couldn't make the argument because I couldn't get enough grounding to be able to use the argument
[49:07.000 --> 49:14.000]  because I always wound up running into case law that's taken out of context and wasn't usable.
[49:14.000 --> 49:18.000]  I'm afraid this guy's going to go to jail.
[49:18.000 --> 49:23.000]  I can't help him, and I'm frustrated at that.
[49:23.000 --> 49:28.000]  Enough of that. Go into Fred in California. Hello, Fred.
[49:28.000 --> 49:30.000]  Hi, Randy.
[49:30.000 --> 49:34.000]  Do I sound frustrated, Fred?
[49:34.000 --> 49:36.000]  Well, I don't blame you.
[49:36.000 --> 49:44.000]  I'd feel the same way, and I certainly understand what you're saying, but you know, he gave his own remedy there.
[49:44.000 --> 49:53.000]  He said, consent. Consent. So how come he hasn't told them he doesn't consent to any of them?
[49:53.000 --> 49:58.000]  He probably has, but they don't care.
[49:58.000 --> 50:11.000]  From the study I've done, when you voluntarily step inside the physical boundaries of a state,
[50:11.000 --> 50:18.000]  you consent to their penal laws. It's an adhesion contract.
[50:18.000 --> 50:30.000]  If he wants to say that, you know, like the example of an illegal alien comes into this state,
[50:30.000 --> 50:37.000]  then none of the laws apply to him. He can do anything he wants to because he hasn't considered to our laws.
[50:37.000 --> 50:45.000]  Well, be careful what you ask for.
[50:45.000 --> 50:48.000]  Anyway, what do you have for us today?
[50:48.000 --> 50:57.000]  Well, back to the beginning of the program, you were talking about authority,
[50:57.000 --> 51:10.000]  and I just love that word because I looked it up in Black's Law Dictionary, and it said, permission, period.
[51:10.000 --> 51:12.000]  How does that sound?
[51:12.000 --> 51:16.000]  Authority, permission.
[51:16.000 --> 51:26.000]  Yeah, it's got the word authority there, and the next word is permission, and after that, there's a period,
[51:26.000 --> 51:35.000]  and after that, there's some, you know, other considerations, but permission, period.
[51:35.000 --> 51:41.000]  In other words, if you don't give someone authority, they don't have it.
[51:41.000 --> 51:59.000]  Okay, I think that is where we have the biggest issue when we permission, or like in his case, agreement.
[51:59.000 --> 52:07.000]  We run into a complex equivalent. You have a meaning for agreement or permission.
[52:07.000 --> 52:12.000]  I may have a different meaning for agreement or permission.
[52:12.000 --> 52:17.000]  What is the legal definition of permission?
[52:17.000 --> 52:23.000]  How do we give permission, or how do we give agreement?
[52:23.000 --> 52:33.000]  Do I have to come to you and say, okay, you want to do this thing, I agree that you can do this thing,
[52:33.000 --> 52:42.000]  or are there other ways that I can show agreement without specifically stipulating it?
[52:42.000 --> 52:44.000]  Yeah.
[52:44.000 --> 52:48.000]  And that was the point that kind of I tried to get to him.
[52:48.000 --> 52:57.000]  When you come inside the state, by coming inside the state, you agree to penal laws.
[52:57.000 --> 53:00.000]  That's the adhesion contract.
[53:00.000 --> 53:11.000]  And they want to say that because I didn't say, okay, yeah, I agreed to all this, then somehow I didn't do anything to agree.
[53:11.000 --> 53:15.000]  That's why I asked him about a social security number.
[53:15.000 --> 53:20.000]  And he claims he's rescinded it. Well, good luck on rescinding it.
[53:20.000 --> 53:28.000]  Because you rescind the social security number, then you rescind your contract with the state.
[53:28.000 --> 53:36.000]  You're still going to be subject to the penal laws because you're in an adhesion contract because you entered into the boundaries of the state.
[53:36.000 --> 53:40.000]  And that's one of the conditions.
[53:40.000 --> 53:47.000]  The state's a sovereign entity. My house is mine.
[53:47.000 --> 53:54.000]  And you enter my house under my permission with conditions I set.
[53:54.000 --> 53:59.000]  And the state has those. The United States has those.
[53:59.000 --> 54:17.000]  But these guys want to say none of these apply to me because while I take advantage of the highways that you guys paid for, I don't have to pay anything back.
[54:17.000 --> 54:21.000]  Well, it doesn't work that way.
[54:21.000 --> 54:25.000]  This is a frustrating subject. It has been for a long time.
[54:25.000 --> 54:36.000]  It is because it's been made impossible by lawyers or attorneys who have written the laws.
[54:36.000 --> 54:40.000]  And they, you know, it's a mess when you go looking at it.
[54:40.000 --> 54:45.000]  I mean, you were talking about coming into the state of California inside the boundaries.
[54:45.000 --> 55:02.000]  Well, the state of California, 1879 Constitution created by U.S. citizens instead of state citizens.
[55:02.000 --> 55:09.000]  When you look for the boundaries in that Constitution, it says refer to the 1849 Constitution.
[55:09.000 --> 55:11.000]  So where are we?
[55:11.000 --> 55:19.000]  I remember this issue. The 1849 Constitution is still in effect, as I understand.
[55:19.000 --> 55:28.000]  It is if you know how to stand by it, I guess, would be the, you know, everything.
[55:28.000 --> 55:37.000]  I mean, like you said, the individual is the most powerful person in that county.
[55:37.000 --> 55:52.000]  And we have a friend who went to a traffic court after 18 months of filing paperwork claiming his right to travel and so forth,
[55:52.000 --> 56:00.000]  got a jury trial, and not a trial by jury, got the jury trial.
[56:00.000 --> 56:12.000]  And the jury, of course, found him guilty because he was going to believe some crank talking about his right to go running all over the place without a driver license.
[56:12.000 --> 56:15.000]  And the judge says, I'm going to sentence you to 10 days in jail.
[56:15.000 --> 56:19.000]  This is right in front of the jury after they gave their verdict.
[56:19.000 --> 56:22.000]  The judge says, I'm going to sentence you to 10 days in jail.
[56:22.000 --> 56:25.000]  Do you have anything to say before sentencing?
[56:25.000 --> 56:27.000]  And he said, yes, I do.
[56:27.000 --> 56:31.000]  I do not consent to being sentenced.
[56:31.000 --> 56:36.000]  And the judge said, well, Bailiff, take him away.
[56:36.000 --> 56:40.000]  And Bailiff took him across the street to the sheriff's office.
[56:40.000 --> 56:43.000]  And a sergeant walked up to him and said, don't get too comfortable.
[56:43.000 --> 56:45.000]  We're letting you go.
[56:45.000 --> 56:50.000]  And 45 minutes later, he was out on the street and never heard another thing about it.
[56:50.000 --> 56:57.000]  So I don't know. Some judge thought that the word consent meant something.
[56:57.000 --> 57:03.000]  I have heard that, but I've never been able to establish that.
[57:03.000 --> 57:11.000]  And I certainly cannot find it in Texas law.
[57:11.000 --> 57:13.000]  I can't find it.
[57:13.000 --> 57:20.000]  And I've had people like Tim Turner and I'm trying to think of the other guy.
[57:20.000 --> 57:23.000]  There's two or three of these guys.
[57:23.000 --> 57:25.000]  Sam Kennedy and some of these guys.
[57:25.000 --> 57:26.000]  Sam Kennedy.
[57:26.000 --> 57:29.000]  He used to use my criminal complaints in his seminars.
[57:29.000 --> 57:34.000]  I've heard them make these arguments, but always arguments are full of holes.
[57:34.000 --> 57:38.000]  I can't patch everything together.
[57:38.000 --> 57:48.000]  And even if they're right, I can't find remedy with that argument.
[57:48.000 --> 57:54.000]  I would like for the commercial process to be effective.
[57:54.000 --> 57:57.000]  I like what I see there.
[57:57.000 --> 58:10.000]  But like Pastor Masters said, he's never had anyone that he knew of find remedy using the method.
[58:10.000 --> 58:16.000]  And while I may have some notion of how I would like to see things be,
[58:16.000 --> 58:22.000]  first I'm an engineer and I deal with how things are.
[58:22.000 --> 58:25.000]  This is the way it works in the world I live in.
[58:25.000 --> 58:27.000]  Do it that way.
[58:27.000 --> 58:29.000]  If you want to change it, change it.
[58:29.000 --> 58:32.000]  But until you get it changed, do it this way.
[58:32.000 --> 58:34.000]  Hang on, about to go to break.
[58:34.000 --> 58:50.000]  Randy Kelton, 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 --> 58:57.000]  Bibles for America is offering a free study Bible
[58:57.000 --> 59:01.000]  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.
[59:06.000 --> 59:09.000]  It's an accurate translation and it contains thousands of footnotes
[59:09.000 --> 59:13.000]  that will help you to know God 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 --> 59:21.000]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.000 --> 59:25.000]  clearly presents God's plan of salvation, growing in Christ,
[59:25.000 --> 59:27.000]  and how to build up the church.
[59:27.000 --> 59:30.000]  To order your free New Testament Recovery Version
[59:30.000 --> 59:33.000]  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 --> 59:44.000]  That's 888-551-0102.
[59:44.000 --> 59:52.000]  Or visit us online at bfa.org.
[59:52.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.000 --> 01:00:04.000]  The following use flash is brought to you by the Lone Star Lowdown,
[01:00:04.000 --> 01:00:08.000]  providing the daily bulletins for the commodity market.
[01:00:08.000 --> 01:00:12.000]  Today in history, news updates,
[01:00:12.000 --> 01:00:21.000]  and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:24.000]  Markets for Friday, the 15th of July, 2016,
[01:00:24.000 --> 01:00:28.000]  are currently trading with gold at $1,337.39 an ounce,
[01:00:28.000 --> 01:00:31.000]  silver $20.22 an ounce,
[01:00:31.000 --> 01:00:34.000]  Texas crude $45.68 a barrel,
[01:00:34.000 --> 01:00:43.000]  and Bitcoin is currently sitting at about $669 U.S. currency.
[01:00:43.000 --> 01:00:46.000]  Today in history, the year 1799,
[01:00:46.000 --> 01:00:49.000]  the Rosetta Stone is found in the Egyptian village of Rosetta
[01:00:49.000 --> 01:00:52.000]  by French Captain Pierre Francois Bachard
[01:00:52.000 --> 01:00:54.000]  during Napoleon's Egyptian campaign.
[01:00:54.000 --> 01:00:58.000]  Inscribed with a decree issued at Memphis, Egypt, in 196 B.C.
[01:00:58.000 --> 01:01:00.000]  on behalf of King Ptolemy V,
[01:01:00.000 --> 01:01:02.000]  it appears in three scripts,
[01:01:02.000 --> 01:01:04.000]  ancient Egyptian hieroglyphs,
[01:01:04.000 --> 01:01:06.000]  demonic script, and ancient Greek.
[01:01:06.000 --> 01:01:08.000]  This finding was a major breakthrough
[01:01:08.000 --> 01:01:11.000]  since the stone essentially provided the key to deciphering
[01:01:11.000 --> 01:01:14.000]  and opened the modern understanding of Egyptian hieroglyphs.
[01:01:14.000 --> 01:01:19.000]  Today in history.
[01:01:19.000 --> 01:01:22.000]  In recent use, 10.45 p.m. Thursday night,
[01:01:22.000 --> 01:01:25.000]  during the Bastille Day Fireworks Celebration
[01:01:25.000 --> 01:01:27.000]  in the southern French city of Nice,
[01:01:27.000 --> 01:01:30.000]  31-year-old Mohamed Lajouèd Babel,
[01:01:30.000 --> 01:01:34.000]  in Indonesia, ran over people in a rented 19-ton refrigerated truck
[01:01:34.000 --> 01:01:36.000]  before a gunfight with three police officers,
[01:01:36.000 --> 01:01:38.000]  which finally killed him.
[01:01:38.000 --> 01:01:41.000]  Today the death toll rose to 84 and 202 injured
[01:01:41.000 --> 01:01:43.000]  as a result the French government has extended
[01:01:43.000 --> 01:01:45.000]  a national state of emergency
[01:01:45.000 --> 01:01:48.000]  with this third terrorist attack in France in 19 months.
[01:01:48.000 --> 01:01:51.000]  Though he had a history with police of theft and assault,
[01:01:51.000 --> 01:01:55.000]  he was never on any database or had ever been flagged for radicalization.
[01:01:55.000 --> 01:01:57.000]  He initially ran over two people
[01:01:57.000 --> 01:01:59.000]  and continued driving while running over more.
[01:01:59.000 --> 01:02:02.000]  He was fired at three police officers who then pursued him
[01:02:02.000 --> 01:02:05.000]  and finally shot and killed him outside the Hyatt Hotel and Casino
[01:02:05.000 --> 01:02:09.000]  on the Pomenade des Anglais, a famous seaside boulevard
[01:02:09.000 --> 01:02:12.000]  where he had driven for over a mile running over people
[01:02:12.000 --> 01:02:15.000]  as they viewed the closing fireworks ceremony of Bastille Day.
[01:02:15.000 --> 01:02:18.000]  The 84 dead included 10 children and teenagers,
[01:02:18.000 --> 01:02:20.000]  two German students and their teacher,
[01:02:20.000 --> 01:02:23.000]  two Americans, two Tunisians, and one Russian.
[01:02:23.000 --> 01:02:26.000]  Of the 202 people wounded, 52 have serious injuries
[01:02:26.000 --> 01:02:28.000]  and 25 are in intensive care.
[01:02:28.000 --> 01:02:31.000]  In the attack, President Hollande had stated that the state of emergency
[01:02:31.000 --> 01:02:35.000]  put in place after the November 13 attacks in Paris would end soon.
[01:02:35.000 --> 01:02:37.000]  However, as a consequence of this new event,
[01:02:37.000 --> 01:02:40.000]  the government will now seek to extend the state of emergency
[01:02:40.000 --> 01:02:42.000]  for another three months.
[01:02:42.000 --> 01:02:44.000]  The Lone Star Lowdown is currently looking for sponsors.
[01:02:44.000 --> 01:02:47.000]  If you have a product or service you'd like to advertise with us,
[01:02:47.000 --> 01:02:52.000]  feel free to give me a call at 210-363-2257.
[01:02:52.000 --> 01:02:58.000]  This is Brooke Rhodey with your Lowdown for July 15, 2016.
[01:03:23.000 --> 01:03:26.000]  Okay, we are back.
[01:03:26.000 --> 01:03:28.000]  Randy Kelton with that pack.
[01:03:28.000 --> 01:03:30.000]  We love radio here with Fred in California.
[01:03:30.000 --> 01:03:33.000]  Okay, Fred.
[01:03:33.000 --> 01:03:36.000]  Did you have something else for us?
[01:03:36.000 --> 01:03:38.000]  I do.
[01:03:38.000 --> 01:03:40.000]  I have a general question.
[01:03:40.000 --> 01:03:43.000]  I don't know that I can make it too specific,
[01:03:43.000 --> 01:03:49.000]  but I thought you might be able to kind of set a course here
[01:03:49.000 --> 01:03:51.000]  that we could work on.
[01:03:51.000 --> 01:03:59.000]  I have a friend who he can't call in too effectively
[01:03:59.000 --> 01:04:03.000]  because he's kind of very near blind at the moment.
[01:04:03.000 --> 01:04:09.000]  Question, is he ear blind?
[01:04:09.000 --> 01:04:13.000]  Take care of that.
[01:04:13.000 --> 01:04:16.000]  I said, is he ear blind?
[01:04:16.000 --> 01:04:18.000]  Well, no.
[01:04:18.000 --> 01:04:21.000]  I'm just teasing.
[01:04:21.000 --> 01:04:27.000]  Being able to give you an idea of what happened would require some reading
[01:04:27.000 --> 01:04:31.000]  because this goes back to 2006.
[01:04:31.000 --> 01:04:40.000]  And at that time he was arrested by two sheriff's officers who did not have a warrant,
[01:04:40.000 --> 01:04:43.000]  and he had not committed any crime.
[01:04:43.000 --> 01:04:50.000]  But he had a record that had been taken care of.
[01:04:50.000 --> 01:04:53.000]  In other words, he served his time.
[01:04:53.000 --> 01:04:58.000]  He was dismissed from any further probation and all of that.
[01:04:58.000 --> 01:05:02.000]  And that had been some years before.
[01:05:02.000 --> 01:05:11.000]  The sheriff's officers were looking for a murder suspect who was driving a van
[01:05:11.000 --> 01:05:15.000]  that was the same color as my friend's.
[01:05:15.000 --> 01:05:20.000]  And they found him parked in one of his favorite places
[01:05:20.000 --> 01:05:28.000]  and rousted him out, and they got his identification and so forth.
[01:05:28.000 --> 01:05:32.000]  He had nothing to hide and didn't try to hide anything.
[01:05:32.000 --> 01:05:43.000]  And they called in to their office to see whether or not they should arrest him to get his,
[01:05:43.000 --> 01:05:46.000]  you know, they were checking his record.
[01:05:46.000 --> 01:05:49.000]  And somebody on the other end of the line said,
[01:05:49.000 --> 01:05:56.000]  yes, he needs to be brought in here because he's supposed to be registered.
[01:05:56.000 --> 01:06:02.000]  And the sheriff's took him to jail.
[01:06:02.000 --> 01:06:04.000]  We bailed him out.
[01:06:04.000 --> 01:06:10.000]  A friend of ours prepared a demand for an administrative hearing.
[01:06:10.000 --> 01:06:14.000]  And it's nine pages long.
[01:06:14.000 --> 01:06:19.000]  This friend throws in everything.
[01:06:19.000 --> 01:06:33.000]  And the court, let's see, what came next was a Butte County District Attorney memorandum
[01:06:33.000 --> 01:06:41.000]  to the clerk of the court from Tori Wilson, a legal secretary,
[01:06:41.000 --> 01:06:46.000]  subject status of request for complaint.
[01:06:46.000 --> 01:06:56.000]  And that was, let's see, the incident, the filing was in November 2006,
[01:06:56.000 --> 01:07:02.000]  and this letter was dated January 2007.
[01:07:02.000 --> 01:07:12.000]  And it said agency report, RE, it had a number from the Butte County Sheriff's Office,
[01:07:12.000 --> 01:07:19.000]  and it had a request for complaint on my friend.
[01:07:19.000 --> 01:07:23.000]  And then it had some checky boxes down there.
[01:07:23.000 --> 01:07:31.000]  And they checked the box that says, defendant is to be informed a complaint will not be authorized.
[01:07:31.000 --> 01:07:40.000]  Well, the courts wouldn't hear him, wouldn't have anything to do with him.
[01:07:40.000 --> 01:07:49.000]  He was told by the local police officers in the city that he is living in.
[01:07:49.000 --> 01:07:50.000]  Wait a minute.
[01:07:50.000 --> 01:07:51.000]  Let me back up.
[01:07:51.000 --> 01:07:54.000]  Complaint.
[01:07:54.000 --> 01:07:58.000]  What does complaint mean in this context?
[01:07:58.000 --> 01:08:00.000]  That I'm not sure of.
[01:08:00.000 --> 01:08:01.000]  And I'm afraid that...
[01:08:01.000 --> 01:08:05.000]  Is he asking to see the complaint against him?
[01:08:05.000 --> 01:08:11.000]  Is he trying to file a criminal complaint?
[01:08:11.000 --> 01:08:14.000]  Well, I don't know.
[01:08:14.000 --> 01:08:21.000]  The only paperwork that was filed was this demand for administrative hearing.
[01:08:21.000 --> 01:08:34.000]  And I really don't understand how they get to decide whether you can make a complaint if that's what they were doing.
[01:08:34.000 --> 01:08:39.000]  It says defendant is to be informed a complaint will not be authorized.
[01:08:39.000 --> 01:08:45.000]  And I can't tell you what that means.
[01:08:45.000 --> 01:08:46.000]  Okay.
[01:08:46.000 --> 01:08:47.000]  This is going to go...
[01:08:47.000 --> 01:08:50.000]  Take it this is in California?
[01:08:50.000 --> 01:08:51.000]  Yes.
[01:08:51.000 --> 01:08:57.000]  This will go to the California Administrative Code.
[01:08:57.000 --> 01:08:58.000]  To the...
[01:08:58.000 --> 01:08:59.000]  Excuse me.
[01:08:59.000 --> 01:09:00.000]  Say again.
[01:09:00.000 --> 01:09:04.000]  California Administrative Code.
[01:09:04.000 --> 01:09:05.000]  Okay.
[01:09:05.000 --> 01:09:07.000]  There's going to be a code addressing that.
[01:09:07.000 --> 01:09:09.000]  I'm not sure what...
[01:09:09.000 --> 01:09:22.000]  Without seeing this guy's complaint, I'm sure he has the case law established in the standing or authority to file the administrative or ask for the administrative hearing.
[01:09:22.000 --> 01:09:33.000]  But I'm not familiar with California's administrative code, so I wouldn't know how to address whether that was proper or not.
[01:09:33.000 --> 01:09:37.000]  Okay.
[01:09:37.000 --> 01:09:38.000]  All right.
[01:09:38.000 --> 01:09:46.000]  Well, I guess for one thing, I might take this paperwork to the district attorney's office.
[01:09:46.000 --> 01:09:53.000]  This is some years after all of this and he has been...
[01:09:53.000 --> 01:10:13.000]  He was told by the city police that if he didn't sign up and agree to register and sign up every month, come down to the police station and sign the paper every month
[01:10:13.000 --> 01:10:25.000]  and keep them informed of his address and that sort of thing, his whereabouts, can't leave the state without permission, so forth and so on.
[01:10:25.000 --> 01:10:43.000]  And he did this partly because, well, mostly because he was at that moment contracted with the city to do a piece of artwork for them in a public place.
[01:10:43.000 --> 01:11:00.000]  And he didn't want to embarrass them and lose the job, which was a good thing for him and he did a beautiful job with that project and everything.
[01:11:00.000 --> 01:11:13.000]  And he's just gotten sick and tired of having to show up there when, in fact, he had already served his time.
[01:11:13.000 --> 01:11:30.000]  He had, like I say, they didn't have any more... Well, did he get a reduced sentence based on this condition or was this a condition of the sentencing, a part of the sentencing?
[01:11:30.000 --> 01:11:33.000]  He was never sentenced on this matter.
[01:11:33.000 --> 01:11:36.000]  Well, you said he did his time.
[01:11:36.000 --> 01:11:40.000]  Well, yeah, and that was some years before.
[01:11:40.000 --> 01:11:48.000]  But did the sentence for the time for which he did, did it include a requirement that he do this?
[01:11:48.000 --> 01:11:51.000]  No, no, it didn't.
[01:11:51.000 --> 01:12:02.000]  This law was, I believe, went into effect after his original sentencing and all of that.
[01:12:02.000 --> 01:12:14.000]  And so he'd never been in court and there's never been a court order telling him that he had to register and sign up every month and all of that.
[01:12:14.000 --> 01:12:21.000]  But the police told him that he would be going back to jail.
[01:12:21.000 --> 01:12:23.000]  If he didn't, they would arrest him.
[01:12:23.000 --> 01:12:35.000]  Well, if they passed a new law to that effect, what does the new law say? How is he subject to the new law?
[01:12:35.000 --> 01:12:45.000]  Well, that's another question is we can't find how that would be from reading the law.
[01:12:45.000 --> 01:12:50.000]  But again, it's a fairly complex...
[01:12:50.000 --> 01:13:03.000]  Okay, if you read the law and you can't find how this entity has the authority to exert or has the authority to do what they're purporting to do,
[01:13:03.000 --> 01:13:07.000]  then you might petition for writ of mandamus.
[01:13:07.000 --> 01:13:11.000]  Okay. Okay, and that would be in this...
[01:13:11.000 --> 01:13:15.000]  Actually, this sounds more like habeas corpus.
[01:13:15.000 --> 01:13:19.000]  Yeah. Okay.
[01:13:19.000 --> 01:13:24.000]  You might petition for habeas and force them to come forward and show authority.
[01:13:24.000 --> 01:13:31.000]  Okay. All right. That sounds good.
[01:13:31.000 --> 01:13:39.000]  We'll work on that and see where we can go.
[01:13:39.000 --> 01:13:53.000]  Because, you know, somebody told the sheriff's officer to arrest him and they never did have a warrant.
[01:13:53.000 --> 01:13:59.000]  You know, it happens a lot around here anyway that people get arrested without a warrant.
[01:13:59.000 --> 01:14:05.000]  In fact, every traffic stop is an arrest without a warrant. I know that.
[01:14:05.000 --> 01:14:17.000]  Okay. They can arrest without a warrant for an on-site offense or for a felony if they have reason to believe the person will escape the jurisdiction.
[01:14:17.000 --> 01:14:33.000]  So if the police are looking for a murder suspect and this guy fits the description of the murder suspect, then they can arrest him and it's not an illegal arrest.
[01:14:33.000 --> 01:14:37.000]  Yeah. But that wasn't the reason that they did arrest him.
[01:14:37.000 --> 01:14:47.000]  They arrested him because somebody at the sheriff's office said he should be signing up and be registered under this particular...
[01:14:47.000 --> 01:14:54.000]  Okay. So they're saying that he's in violation of the statute and that's...
[01:14:54.000 --> 01:15:02.000]  Oh, that's different. That's not as if they saw him not register.
[01:15:02.000 --> 01:15:03.000]  Right.
[01:15:03.000 --> 01:15:13.000]  But if it's been several years ago, he's probably passed the limitations on raising an issue.
[01:15:13.000 --> 01:15:20.000]  Generally false imprisonments of one year.
[01:15:20.000 --> 01:15:45.000]  Okay. Well, I knew this was going to be a problem, but I thought I'd try it anyway and you've given me a couple of ideas and I'll look at that administrative code and the habeas corpus.
[01:15:45.000 --> 01:15:53.000]  Yeah. If they're requiring him to do this under statute, then I can see where the administrative code wouldn't apply.
[01:15:53.000 --> 01:15:58.000]  Uh-huh. Okay.
[01:15:58.000 --> 01:16:05.000]  Now, if the police officer cussed at him, then he might have an administrative complaint.
[01:16:05.000 --> 01:16:06.000]  Okay.
[01:16:06.000 --> 01:16:14.000]  Without reading the administrative code, but that's kind of closer to the kind of things that administrative code goes to.
[01:16:14.000 --> 01:16:19.000]  Yeah. Yeah. Okay.
[01:16:19.000 --> 01:16:27.000]  Well, we'll give it a shot and let you know.
[01:16:27.000 --> 01:16:46.000]  Okay. Thank you. We're about to go to break and thanks for calling, Fred. And when we come back, we'll go to Mark in Texas. Hang on, Mark. This is Randy Kelton, Vet Pack, Louisville Radio, our call-in number, 512-646-1984.
[01:16:46.000 --> 01:16:55.000]  Mark, Torrance, Steve, we'll try to get to everybody and we'll be right back.
[01:16:55.000 --> 01:17:00.000]  Thank you.
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[01:17:49.000 --> 01:18:01.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
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[01:19:22.000 --> 01:19:27.000]  Okay.
[01:19:27.000 --> 01:19:29.000]  We are back.
[01:19:29.000 --> 01:19:32.000]  Randy Kelton, Vet Pack, Wheel of the Radio.
[01:19:32.000 --> 01:19:34.000]  And we're going to Mark in Texas.
[01:19:34.000 --> 01:19:36.000]  Hello, Mark.
[01:19:36.000 --> 01:19:37.000]  Hey, Randy. Good evening.
[01:19:37.000 --> 01:19:38.000]  Can you hear me well?
[01:19:38.000 --> 01:19:40.000]  Yes, I can.
[01:19:40.000 --> 01:19:42.000]  All right.
[01:19:42.000 --> 01:19:44.000]  I wanted to ask you about something.
[01:19:44.000 --> 01:19:47.000]  It seems appropriate in light of everything I've been hearing discussed.
[01:19:47.000 --> 01:19:51.000]  I heard the whole show, but I heard you talking to the guy in Tennessee.
[01:19:51.000 --> 01:19:53.000]  And, yeah, I understand.
[01:19:53.000 --> 01:19:58.000]  You're trying to tell him how to win within the system because he's not going to win outside the system
[01:19:58.000 --> 01:20:01.000]  because they're not going to accept that.
[01:20:01.000 --> 01:20:09.000]  Anyway, I have a situation where I got a letter from the Texas Department of Public Safety
[01:20:09.000 --> 01:20:14.000]  because back in January, I had gotten pulled over.
[01:20:14.000 --> 01:20:19.000]  The officer said that I was going 31 in an area where the speed limit was 30,
[01:20:19.000 --> 01:20:23.000]  gave me a warning for that, and I have a car that's fairly new,
[01:20:23.000 --> 01:20:30.000]  and it's got a window that's blank because I hadn't put the registration sticker on it yet.
[01:20:30.000 --> 01:20:36.000]  I didn't have it inside my glove box at the time, and so I got a ticket for that.
[01:20:36.000 --> 01:20:41.000]  And, anyway, I called them a couple days prior,
[01:20:41.000 --> 01:20:45.000]  and they said that they had no record of it just yet.
[01:20:45.000 --> 01:20:48.000]  I needed to maybe wait a week and call back.
[01:20:48.000 --> 01:20:51.000]  Well, I forgot to do that.
[01:20:51.000 --> 01:20:53.000]  Not a good thing, I guess.
[01:20:53.000 --> 01:20:57.000]  And now I'm in a situation where I have a failure to appear,
[01:20:57.000 --> 01:21:01.000]  and I called them and they said, no, that's what you got.
[01:21:01.000 --> 01:21:06.000]  And then I have this operating an unregistered motor vehicle, which is not true.
[01:21:06.000 --> 01:21:09.000]  I've heard you mention the Texas transportation code a few times.
[01:21:09.000 --> 01:21:14.000]  I've heard an advertisement for, I think, a course or a book by Eddie Craig,
[01:21:14.000 --> 01:21:18.000]  but I've never listened to his show, and I understand he's got even a class.
[01:21:18.000 --> 01:21:20.000]  I need to find out about that.
[01:21:20.000 --> 01:21:26.000]  I'm going to ask you, what's my next step, or how should I go about?
[01:21:26.000 --> 01:21:34.000]  First thing you want to do, send me an email, and I will send you two information requests.
[01:21:34.000 --> 01:21:43.000]  And you're going to request the DPS's authorization to enforce the Texas transportation code.
[01:21:43.000 --> 01:21:53.000]  Now, usually only the DPS is authorized to enforce the transportation code anywhere in Texas.
[01:21:53.000 --> 01:22:04.000]  However, the DPS have regular DPS officers, and then they have what they call DOT officers.
[01:22:04.000 --> 01:22:13.000]  And these DOT officers are specially trained to inspect trucks.
[01:22:13.000 --> 01:22:20.000]  Well, what the code says is in order to enforce the transportation code,
[01:22:20.000 --> 01:22:25.000]  you have to have this certification that the DOT officers have.
[01:22:25.000 --> 01:22:31.000]  All of them do, but they don't.
[01:22:31.000 --> 01:22:35.000]  The ones that have the DOT certification, they only stop trucks.
[01:22:35.000 --> 01:22:38.000]  Got it. Commercial trucks.
[01:22:38.000 --> 01:22:40.000]  Commercial trucks, yes.
[01:22:40.000 --> 01:22:46.000]  So, you know, they can stop a commercial truck without probable cause
[01:22:46.000 --> 01:22:52.000]  and search the truck, inspect the truck, they can do all that stuff.
[01:22:52.000 --> 01:22:57.000]  Well, they only get that certification for those guys who specialize in that.
[01:22:57.000 --> 01:23:02.000]  What the code says, in order to enforce, you have to have it.
[01:23:02.000 --> 01:23:07.000]  So ask for this officer's certification.
[01:23:07.000 --> 01:23:11.000]  That would be great fun.
[01:23:11.000 --> 01:23:17.000]  And then you want to know what hearing you fail to appear at.
[01:23:17.000 --> 01:23:21.000]  I'll send you this subject matter jurisdiction challenge I have,
[01:23:21.000 --> 01:23:30.000]  and it addresses this hearing, 28.01 Texas Code of Criminal Procedure,
[01:23:30.000 --> 01:23:37.000]  lists those things a judge can order you to come to court for.
[01:23:37.000 --> 01:23:43.000]  It can order you to come to court for an arraignment hearing
[01:23:43.000 --> 01:23:47.000]  or a conference to hear motions.
[01:23:47.000 --> 01:23:50.000]  It lists a whole bunch of things they can do,
[01:23:50.000 --> 01:23:55.000]  but it's all about hearing motions and pleadings.
[01:23:55.000 --> 01:23:59.000]  There's nothing about a pretrial hearing in there,
[01:23:59.000 --> 01:24:04.000]  unless the pretrial hearing is a motion hearing.
[01:24:04.000 --> 01:24:08.000]  I was once called into court, into a county court,
[01:24:08.000 --> 01:24:12.000]  when I had appealed a traffic case to the county court,
[01:24:12.000 --> 01:24:15.000]  and I was ordered to come to court.
[01:24:15.000 --> 01:24:21.000]  They ordered me to come to court so that I could meet with the prosecutor.
[01:24:21.000 --> 01:24:27.000]  The judge was actually having a juvenile hearings at the time,
[01:24:27.000 --> 01:24:29.000]  so I couldn't go in the courtroom.
[01:24:29.000 --> 01:24:31.000]  And the prosecutor came out and said,
[01:24:31.000 --> 01:24:32.000]  are you Randall Kelton?
[01:24:32.000 --> 01:24:33.000]  I said, yes, I am.
[01:24:33.000 --> 01:24:34.000]  Will you come with me, please?
[01:24:34.000 --> 01:24:35.000]  No.
[01:24:35.000 --> 01:24:36.000]  Who are you?
[01:24:36.000 --> 01:24:38.000]  Well, I'm the prosecuting attorney.
[01:24:38.000 --> 01:24:42.000]  Oh, oh, you're a persecuting attorney.
[01:24:42.000 --> 01:24:45.000]  Well, I don't talk to persecuting attorneys,
[01:24:45.000 --> 01:24:48.000]  but I need to talk to you.
[01:24:48.000 --> 01:24:50.000]  Well, good luck on that.
[01:24:50.000 --> 01:24:52.000]  So you're not going to talk to me?
[01:24:52.000 --> 01:24:53.000]  No.
[01:24:53.000 --> 01:24:55.000]  I want to talk to the judge.
[01:24:55.000 --> 01:24:56.000]  You want to talk to the judge?
[01:24:56.000 --> 01:24:57.000]  Yeah, I want to talk to the judge.
[01:24:57.000 --> 01:24:59.000]  Well, the judge is having a hearing right now.
[01:24:59.000 --> 01:25:00.000]  We'll go get her out.
[01:25:00.000 --> 01:25:02.000]  She ordered me to be here on this day.
[01:25:02.000 --> 01:25:03.000]  At this time, I'm here.
[01:25:03.000 --> 01:25:04.000]  Go get her out of that hearing.
[01:25:04.000 --> 01:25:07.000]  I want to talk to her.
[01:25:07.000 --> 01:25:13.000]  So she went into the court and came out
[01:25:13.000 --> 01:25:15.000]  and said, when the judge finishes his hearing,
[01:25:15.000 --> 01:25:17.000]  the judge will see you.
[01:25:17.000 --> 01:25:19.000]  So I wait a little while.
[01:25:19.000 --> 01:25:23.000]  I go in there, and the judge calls me up and said,
[01:25:23.000 --> 01:25:25.000]  Mr. Kelton, I understand you want to talk to me.
[01:25:25.000 --> 01:25:27.000]  I said, yes, your honor.
[01:25:27.000 --> 01:25:31.000]  I have this subpoena ordering me to be here today.
[01:25:31.000 --> 01:25:34.000]  You want to tell me what I'm doing here?
[01:25:34.000 --> 01:25:37.000]  Well, we needed you to come to the court.
[01:25:37.000 --> 01:25:38.000]  OK, I got that part.
[01:25:38.000 --> 01:25:41.000]  But I didn't know how to prepare for today
[01:25:41.000 --> 01:25:44.000]  because I didn't know why I was being summoned.
[01:25:44.000 --> 01:25:47.000]  You want to tell me under what authority you ordered me
[01:25:47.000 --> 01:25:50.000]  to come to court today?
[01:25:50.000 --> 01:25:51.000]  She is confused.
[01:25:51.000 --> 01:25:54.000]  She has no idea what's going on.
[01:25:54.000 --> 01:26:00.000]  Finally, I said, your honor, did you order me to be here
[01:26:00.000 --> 01:26:05.000]  under authority of 28.01 Texas Code of Criminal Procedure?
[01:26:05.000 --> 01:26:07.000]  Yeah, that's what I did.
[01:26:07.000 --> 01:26:10.000]  Counselor, do you have a Code of Criminal Procedure?
[01:26:10.000 --> 01:26:12.000]  And she said, well, no, your honor, I don't.
[01:26:12.000 --> 01:26:13.000]  I said, I got one.
[01:26:13.000 --> 01:26:16.000]  You want to see mine?
[01:26:16.000 --> 01:26:17.000]  And she went through it.
[01:26:17.000 --> 01:26:22.000]  She could subpoena me for an arraignment hearing.
[01:26:22.000 --> 01:26:25.000]  And she says, well, well, I subpoenaed you
[01:26:25.000 --> 01:26:27.000]  for an arraignment hearing.
[01:26:27.000 --> 01:26:32.000]  Well, your honor, I was charged with a class C misdemeanor.
[01:26:32.000 --> 01:26:37.000]  And under 26.01, you can only subpoena someone
[01:26:37.000 --> 01:26:43.000]  for an arraignment hearing in a matter of a felony
[01:26:43.000 --> 01:26:47.000]  or a misdemeanor punishable by imprisonment.
[01:26:47.000 --> 01:26:51.000]  So you can't call me to come to court for that reason.
[01:26:51.000 --> 01:26:54.000]  So what reason did you call me for?
[01:26:54.000 --> 01:26:57.000]  And she turned to the prosecutor.
[01:26:57.000 --> 01:27:00.000]  And it's one of these new prosecutors she just got in.
[01:27:00.000 --> 01:27:04.000]  She has no idea what's going on.
[01:27:04.000 --> 01:27:07.000]  And finally, I had another agenda,
[01:27:07.000 --> 01:27:09.000]  so I agreed to the arraignment hearing.
[01:27:09.000 --> 01:27:11.000]  Let's go ahead and have an arraignment.
[01:27:11.000 --> 01:27:15.000]  And she said, well, OK.
[01:27:15.000 --> 01:27:16.000]  Will you identify yourself?
[01:27:16.000 --> 01:27:17.000]  I said, yes, your honor.
[01:27:17.000 --> 01:27:19.000]  My name is Randall Kelton.
[01:27:19.000 --> 01:27:20.000]  How do you please?
[01:27:20.000 --> 01:27:25.000]  Oh, Judge, I am innocent as the driven snow.
[01:27:25.000 --> 01:27:28.000]  No, Mr. Kelton, you have to plead guilty or not guilty.
[01:27:28.000 --> 01:27:32.000]  But Judge, I'm innocent as the driven snow.
[01:27:32.000 --> 01:27:33.000]  I was having way too much fun.
[01:27:33.000 --> 01:27:40.000]  Point is, under what authority were you ordered to come to court
[01:27:40.000 --> 01:27:46.000]  and under what authority was a failure to appear issued?
[01:27:46.000 --> 01:27:48.000]  Failure to appear.
[01:27:48.000 --> 01:27:49.000]  Why?
[01:27:49.000 --> 01:27:53.000]  That's a Class B misdemeanor.
[01:27:53.000 --> 01:27:55.000]  And who issued that failure to appear?
[01:27:55.000 --> 01:27:59.000]  Was it a municipal court judge or a justice of the peace?
[01:27:59.000 --> 01:28:03.000]  If it's DPS, it was a justice of the peace.
[01:28:03.000 --> 01:28:09.000]  Just what authority does a justice of the peace have
[01:28:09.000 --> 01:28:15.000]  to adjudicate a Class B misdemeanor?
[01:28:15.000 --> 01:28:21.000]  OK, send me an email.
[01:28:21.000 --> 01:28:23.000]  I'll send this to you.
[01:28:23.000 --> 01:28:27.000]  I don't have the Class B misdemeanor municipal judge
[01:28:27.000 --> 01:28:30.000]  failure to appear a part in this document
[01:28:30.000 --> 01:28:37.000]  because this is a challenge subject matter jurisdiction I file initially.
[01:28:37.000 --> 01:28:39.000]  So look this over.
[01:28:39.000 --> 01:28:43.000]  You'll have to adjust it somewhat because there's a whole section
[01:28:43.000 --> 01:28:47.000]  on who can enforce the code.
[01:28:47.000 --> 01:28:51.000]  And that part won't apply since he was a DPS officer.
[01:28:51.000 --> 01:28:58.000]  But the part about the judge being able to summon you to court, that does apply.
[01:28:58.000 --> 01:29:00.000]  This actually might.
[01:29:00.000 --> 01:29:04.000]  This was a sheriff's deputy and I don't think that's officially DPS.
[01:29:04.000 --> 01:29:07.000]  Oh, that's not DPS.
[01:29:07.000 --> 01:29:09.000]  That's different.
[01:29:09.000 --> 01:29:11.000]  What county?
[01:29:11.000 --> 01:29:14.000]  Travis.
[01:29:14.000 --> 01:29:20.000]  OK, look at this subject matter jurisdiction challenge.
[01:29:20.000 --> 01:29:25.000]  It walks down who can enforce the traffic code
[01:29:25.000 --> 01:29:29.000]  and see if Travis County fits in there.
[01:29:29.000 --> 01:29:38.000]  The city of Austin does because I think it's over 300,000.
[01:29:38.000 --> 01:29:44.000]  Maybe it does. I think Austin was 200,000 last time I looked.
[01:29:44.000 --> 01:29:49.000]  But there's a whole section on who can enforce and it's real convoluted.
[01:29:49.000 --> 01:29:57.000]  It looks as though this section was written for specific places.
[01:29:57.000 --> 01:30:02.000]  A county board.
[01:30:02.000 --> 01:30:05.000]  Europeans take long, stress-free vacations,
[01:30:05.000 --> 01:30:08.000]  but Americans have a tough time unplugging from their jobs.
[01:30:08.000 --> 01:30:11.000]  I'm Dr. Catherine Albrecht, back with a new study
[01:30:11.000 --> 01:30:16.000]  that measures how much Americans work when they should be resting after this.
[01:30:16.000 --> 01:30:18.000]  Privacy is under attack.
[01:30:18.000 --> 01:30:21.000]  When you give up data about yourself, you'll never get it back again.
[01:30:21.000 --> 01:30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.000 --> 01:30:28.000]  So protect your rights.
[01:30:28.000 --> 01:30:32.000]  Say no to surveillance and keep your information to yourself.
[01:30:32.000 --> 01:30:34.000]  Privacy, it's worth hanging on to.
[01:30:34.000 --> 01:30:37.000]  This message is brought to you by StartPage.com,
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[01:30:45.000 --> 01:30:47.000]  Do you want to get away from it all?
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[01:30:50.000 --> 01:30:51.000]  Join the club.
[01:30:51.000 --> 01:30:54.000]  A new survey finds an increasing number of professionals
[01:30:54.000 --> 01:30:59.000]  and a majority of Americans admit they actually work on vacation.
[01:30:59.000 --> 01:31:01.000]  That's bad for a whole host of reasons.
[01:31:01.000 --> 01:31:04.000]  Your physical and mental well-being topping the list.
[01:31:04.000 --> 01:31:08.000]  Some experts say if you're totally tethered to your mobile devices,
[01:31:08.000 --> 01:31:11.000]  at least pick a time of day to respond to work.
[01:31:11.000 --> 01:31:16.000]  Answer only those emails that ask for your input and keep your replies short and sweet.
[01:31:16.000 --> 01:31:22.000]  My advice is to unplug, unplug, unplug, and get some much-needed rest.
[01:31:22.000 --> 01:31:31.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:49.000]  Thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
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[01:31:55.000 --> 01:31:58.000]  We're Americans, and we deserve the truth.
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[01:32:01.000 --> 01:32:03.000]  Hey, it's Danny here for Hill Country Home Improvements.
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[01:32:46.000 --> 01:32:51.000]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:51.000 --> 01:32:57.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
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[01:32:59.000 --> 01:33:02.000]  May not actually be kidding about Kim Trails.
[01:33:02.000 --> 01:33:16.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:16.000 --> 01:33:18.000]  Okay, we are back.
[01:33:18.000 --> 01:33:21.000]  Randy Kelton, Backpack Wheelbarrow Radio,
[01:33:21.000 --> 01:33:24.000]  and we're talking to Mark in Texas.
[01:33:24.000 --> 01:33:28.000]  And since this is a sheriff's deputy, you should have a lot of fun with it.
[01:33:28.000 --> 01:33:32.000]  It's going to have to have this certification.
[01:33:32.000 --> 01:33:39.000]  Even if Travis County can't enforce the traffic code,
[01:33:39.000 --> 01:33:43.000]  this officer, they can only have five in the county.
[01:33:43.000 --> 01:33:47.000]  They have to be appointed by the sheriff,
[01:33:47.000 --> 01:33:51.000]  and they have to meet these certifications.
[01:33:51.000 --> 01:34:01.000]  I sent one to City Decatur because they wrote me a ticket because my registration was expired.
[01:34:01.000 --> 01:34:04.000]  It was only expired for six months.
[01:34:04.000 --> 01:34:07.000]  What's this problem?
[01:34:07.000 --> 01:34:11.000]  And the chief of police called me, Rex Hoskins.
[01:34:11.000 --> 01:34:14.000]  We know each other pretty well.
[01:34:14.000 --> 01:34:20.000]  And I could hear him doing the chicken dance over the phone.
[01:34:20.000 --> 01:34:24.000]  He wound up sending me a letter saying,
[01:34:24.000 --> 01:34:33.000]  I cannot respond to your request as our officers do not enforce the Texas Transportation Code.
[01:34:33.000 --> 01:34:37.000]  Oh, good. I know it.
[01:34:37.000 --> 01:34:47.000]  So if they can, this is asking for certification under 7001 and 644, I believe, if I remember right.
[01:34:47.000 --> 01:34:53.000]  I should have opened those up while we were on break so I could be more specific.
[01:34:53.000 --> 01:34:54.000]  But you'll like these.
[01:34:54.000 --> 01:34:56.000]  I've been sending out a bunch of them.
[01:34:56.000 --> 01:35:03.000]  If anybody's got a ticket and wants copies of these three documents, there's two information requests.
[01:35:03.000 --> 01:35:07.000]  It asks for certification under two different statutes.
[01:35:07.000 --> 01:35:09.000]  So I have a separate request for each one.
[01:35:09.000 --> 01:35:14.000]  And then I have this subject matter jurisdiction challenge.
[01:35:14.000 --> 01:35:25.000]  And if earlier we had Scott, he went to court in Rockwall and they wanted to go to Discovery or something
[01:35:25.000 --> 01:35:29.000]  and wasn't going to hear the subject matter jurisdiction challenge.
[01:35:29.000 --> 01:35:35.000]  Oops. That's the biggie.
[01:35:35.000 --> 01:35:42.000]  What subject matter jurisdiction is challenged, subject matter jurisdiction is lost.
[01:35:42.000 --> 01:35:44.000]  Right.
[01:35:44.000 --> 01:35:50.000]  Because when a complaint is filed, there is a presumption of jurisdiction.
[01:35:50.000 --> 01:35:54.000]  And they will act on that presumption unless it's challenged.
[01:35:54.000 --> 01:35:57.000]  But once it's challenged, they lose the presumption.
[01:35:57.000 --> 01:36:03.000]  And it's not the prosecutor who has to prove jurisdiction.
[01:36:03.000 --> 01:36:06.000]  It's the judge.
[01:36:06.000 --> 01:36:10.000]  There's only one time you can sue a judge.
[01:36:10.000 --> 01:36:14.000]  When they act without subject matter jurisdiction.
[01:36:14.000 --> 01:36:21.000]  It's the only time you can sue a judge when he has no claim to immunity.
[01:36:21.000 --> 01:36:24.000]  Can you recommend a source?
[01:36:24.000 --> 01:36:27.000]  Oh, it's all in there.
[01:36:27.000 --> 01:36:34.000]  They get plenty of notice, all the case laws in that challenge.
[01:36:34.000 --> 01:36:41.000]  So they can't say they didn't know. Everything you need to know about it, you just walk down the case line there.
[01:36:41.000 --> 01:36:45.000]  Yeah. I know you got another couple guys and I don't want to monopolize you.
[01:36:45.000 --> 01:36:48.000]  I'm loving everything you just said and I'll send you this email.
[01:36:48.000 --> 01:36:54.000]  I have another case where a judge acted without subject matter jurisdiction, which I question thanks to you.
[01:36:54.000 --> 01:37:03.000]  And it's a situation here where I'm going to sue the judge and the opposing attorneys in federal court
[01:37:03.000 --> 01:37:06.000]  and look for them to make the deal.
[01:37:06.000 --> 01:37:11.000]  And I'm just wondering if you have any suggestion as to where I would find it
[01:37:11.000 --> 01:37:16.000]  so I could go ahead and create some kind of a rough draft and then try to get somebody to take a look at it.
[01:37:16.000 --> 01:37:22.000]  It's going to know whether I'm screwing myself over or whether or not I actually have something that looks good.
[01:37:22.000 --> 01:37:26.000]  Write up a statement of facts.
[01:37:26.000 --> 01:37:27.000]  Yeah. Okay.
[01:37:27.000 --> 01:37:34.000]  Start with a timeline. Just mark up a timeline and then go back down the timeline
[01:37:34.000 --> 01:37:42.000]  and use that as a mnemonic device and just start filling in the blanks and send that to me.
[01:37:42.000 --> 01:37:49.000]  I'll go down it and look to see where I can find claims or causes of action.
[01:37:49.000 --> 01:37:53.000]  I'll make you something really beautiful and that'll be fun.
[01:37:53.000 --> 01:38:03.000]  It'll be fun. I would like to get a standard fill in the blanks,
[01:38:03.000 --> 01:38:08.000]  sue the judge for subject matter jurisdiction so I can post it on one of my sites
[01:38:08.000 --> 01:38:15.000]  and people can just download a PDF and fill in the blanks, print it out and send it.
[01:38:15.000 --> 01:38:21.000]  I also want to get time to do a malpractice suit the same way.
[01:38:21.000 --> 01:38:27.000]  That would create some good case law, you know?
[01:38:27.000 --> 01:38:29.000]  Wait, say that again?
[01:38:29.000 --> 01:38:33.000]  Oh, I was just saying that would create some good case law.
[01:38:33.000 --> 01:38:40.000]  Some of the foreclosure fighter groups that I've listened to and talked to are all in agreement
[01:38:40.000 --> 01:38:42.000]  and I'm sure you would be too.
[01:38:42.000 --> 01:38:47.000]  There's a lot of bad case law because people are doing things that are not going to work
[01:38:47.000 --> 01:38:53.000]  like the gentleman in Tennessee perhaps was presuming to do it again.
[01:38:53.000 --> 01:38:59.000]  Anyway, I think it'll be good for people that are trying to help
[01:38:59.000 --> 01:39:04.000]  and for people who are trying to stand up to criminals who are otherwise trying to
[01:39:04.000 --> 01:39:11.000]  assert their rights and ruin their lives and that we shouldn't be standing for.
[01:39:11.000 --> 01:39:23.000]  And if I can build a fill in the blanks and then all the associated documents that you need,
[01:39:23.000 --> 01:39:27.000]  I'm going to put in, I want to build a form where you fill in the blanks on the form
[01:39:27.000 --> 01:39:34.000]  and then the form feeds it all into the documents that you need so it spits out all the documents.
[01:39:34.000 --> 01:39:39.000]  I've got one, an old one I used for foreclosure that way.
[01:39:39.000 --> 01:39:51.000]  You fill out this front page and it merged in almost 400 different items in this whole stack of documents
[01:39:51.000 --> 01:39:53.000]  and you just spit out everything.
[01:39:53.000 --> 01:39:59.000]  We want to make it real easy for people to sue lawyers, to sue judges.
[01:39:59.000 --> 01:40:01.000]  This is how we're going to take it back.
[01:40:01.000 --> 01:40:06.000]  If we can con them into ignoring our subject matter jurisdiction challenge,
[01:40:06.000 --> 01:40:09.000]  that one's wonderful, we get a shot at them.
[01:40:09.000 --> 01:40:10.000]  Yeah.
[01:40:10.000 --> 01:40:15.000]  That'd be a lot of attorneys who would have an interest in collaborating with you
[01:40:15.000 --> 01:40:19.000]  until you start talking about suing judges and then they'll be quaking in their boots,
[01:40:19.000 --> 01:40:24.000]  but that'll be your turn.
[01:40:24.000 --> 01:40:32.000]  Frankly, I don't need the lawyer's input because I can get it all from court opinions.
[01:40:32.000 --> 01:40:41.000]  And you write about bad law, I'm working in appeal in a New York case and the judge cited case law.
[01:40:41.000 --> 01:40:48.000]  When I looked up the case law, they were all district court opinions.
[01:40:48.000 --> 01:40:50.000]  None of them were appeals.
[01:40:50.000 --> 01:40:53.000]  There were no appellate decisions here at all.
[01:40:53.000 --> 01:40:58.000]  It's all trash case law.
[01:40:58.000 --> 01:41:03.000]  It was nuts. This is in a federal court.
[01:41:03.000 --> 01:41:06.000]  So you always want to check their case law.
[01:41:06.000 --> 01:41:10.000]  You beat them up on their case law.
[01:41:10.000 --> 01:41:13.000]  I had a friend in an IRS case.
[01:41:13.000 --> 01:41:19.000]  The IRS cited this case and the section they cited,
[01:41:19.000 --> 01:41:27.000]  what the case actually said is this is what the law used to say and they gave their citation.
[01:41:27.000 --> 01:41:29.000]  And they're right under it.
[01:41:29.000 --> 01:41:32.000]  We changed that to this.
[01:41:32.000 --> 01:41:39.000]  So Ben took their own case law and crammed it down their throats.
[01:41:39.000 --> 01:41:40.000]  That is some good stuff.
[01:41:40.000 --> 01:41:45.000]  I'm not incredibly familiar with that, but I heard you talking about people that were in jail.
[01:41:45.000 --> 01:41:46.000]  It's very interesting.
[01:41:46.000 --> 01:41:51.000]  There's a film by Aaron Russo that I bet you've seen, but most people haven't,
[01:41:51.000 --> 01:41:57.000]  called America, Freedom to Fascism, talking about the fact that there's no actual law that says
[01:41:57.000 --> 01:42:02.000]  that anybody should be paying a tax on labor, but if you don't, you're going to be in big trouble.
[01:42:02.000 --> 01:42:09.000]  And a lot of the people that are talking in this film as experts later on end up going to jail.
[01:42:09.000 --> 01:42:14.000]  And I remember hearing that in a conversation by George Gordon, who you may be a little familiar with.
[01:42:14.000 --> 01:42:16.000]  I think it's on now.
[01:42:16.000 --> 01:42:20.000]  But George said very clearly, he said, I asked my wife to contact these guys.
[01:42:20.000 --> 01:42:25.000]  I could tell them how not to go to jail, but I never heard from these guys.
[01:42:25.000 --> 01:42:28.000]  Then they went to jail.
[01:42:28.000 --> 01:42:39.000]  They think we're all a bunch of crackpots, but use their law the way they use their law against them.
[01:42:39.000 --> 01:42:42.000]  Then it works.
[01:42:42.000 --> 01:42:52.000]  I'll do what you say. Worst case scenario is I'll end up paying them $389.
[01:42:52.000 --> 01:42:57.000]  That's the cheapest education you can get.
[01:42:57.000 --> 01:43:00.000]  And the point is, is you're going to cost them a whole lot more than that.
[01:43:00.000 --> 01:43:07.000]  First time you bargrieve their prosecutor, he's going to get a coronary.
[01:43:07.000 --> 01:43:13.000]  Because the municipal court prosecutor is not the sharpest knife in the drawer.
[01:43:13.000 --> 01:43:20.000]  If he was, he'd be out making the big bucks instead of doing this chump municipal court deal.
[01:43:20.000 --> 01:43:27.000]  When you bargrieve him, he won't be able to do anything else because he can't get malpractice insurance.
[01:43:27.000 --> 01:43:29.000]  Oh, got it.
[01:43:29.000 --> 01:43:35.000]  Well, we'll get there. Hopefully it'll be an easy thing, but I'm looking forward to it.
[01:43:35.000 --> 01:43:37.000]  Thank you.
[01:43:37.000 --> 01:43:40.000]  Okay, send me an email and I'll get this to you.
[01:43:40.000 --> 01:43:49.000]  Anybody else who wants to send an email to randy at ruleoflawradio.com and I'll get that to you.
[01:43:49.000 --> 01:44:00.000]  Okay, Randy Kelton, Vet Pack, Rule of Law Radio, we'll be right back.
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[01:46:21.000 --> 01:46:24.000]  Okay, we are back.
[01:46:24.000 --> 01:46:28.000]  Randy Kelton backpack, Rule of Law Radio, and we're going to Oliver in Tennessee.
[01:46:28.000 --> 01:46:30.000]  Hello, Oliver.
[01:46:30.000 --> 01:46:31.000]  Hello.
[01:46:31.000 --> 01:46:32.000]  Hello.
[01:46:32.000 --> 01:46:33.000]  Hello.
[01:46:33.000 --> 01:46:35.000]  I got your lawsuit.
[01:46:35.000 --> 01:46:36.000]  Right.
[01:46:36.000 --> 01:46:40.000]  That's not going to work.
[01:46:40.000 --> 01:46:45.000]  What I need to do is send you a federal lawsuit.
[01:46:45.000 --> 01:46:48.000]  I've got a bunch of them.
[01:46:48.000 --> 01:46:59.000]  There are a number of things that are mandatory to be in there.
[01:46:59.000 --> 01:47:08.000]  Let me go to your questions first, but I'll send you a lawsuit so you can look at the form and structure.
[01:47:08.000 --> 01:47:09.000]  Okay.
[01:47:09.000 --> 01:47:10.000]  Hello?
[01:47:10.000 --> 01:47:11.000]  Hello.
[01:47:11.000 --> 01:47:12.000]  I'm here.
[01:47:12.000 --> 01:47:13.000]  Go ahead.
[01:47:13.000 --> 01:47:21.000]  I'm going to come out as far as the descriptive part where it has to describe how and who.
[01:47:21.000 --> 01:47:22.000]  Okay.
[01:47:22.000 --> 01:47:25.000]  Here's what you need.
[01:47:25.000 --> 01:47:39.000]  After Ascroft v Twombly and Iqbal v something rather, you can no longer do a notice pleading.
[01:47:39.000 --> 01:47:44.000]  It used to be you just gave them notice of what your claims were and that's all you needed to do.
[01:47:44.000 --> 01:47:46.000]  Well, they changed all that.
[01:47:46.000 --> 01:47:51.000]  Now you have to essentially make your case in your original pleading.
[01:47:51.000 --> 01:48:03.000]  You have to show the judge enough facts and law to show that you have a right to the ruling that you're asking for.
[01:48:03.000 --> 01:48:12.000]  All right. I completely understand that because I have a pro se book which goes on to show how it breaks down
[01:48:12.000 --> 01:48:23.000]  and shows what punitive damage you're asking for and which law of mine was violated or broken
[01:48:23.000 --> 01:48:30.000]  and how to apply it, like which statute they break when that happens.
[01:48:30.000 --> 01:48:31.000]  I understand what you're saying.
[01:48:31.000 --> 01:48:38.000]  Can I use what I gave, what I have to apply to you and then add on all the descriptive measures?
[01:48:38.000 --> 01:48:43.000]  Yes, but there's a bunch of stuff missing from your document.
[01:48:43.000 --> 01:48:49.000]  What you generally do is you start out with a statement of the case and you have that.
[01:48:49.000 --> 01:48:55.000]  Right after the statement of the case, you put a section for parties and you name both parties
[01:48:55.000 --> 01:48:58.000]  and give the address to both parties.
[01:48:58.000 --> 01:49:01.000]  After parties, you do a section on venue.
[01:49:01.000 --> 01:49:04.000]  I'm sorry, jurisdiction and venue.
[01:49:04.000 --> 01:49:09.000]  You show why the court has jurisdiction over the subject matter
[01:49:09.000 --> 01:49:17.000]  and why the specific issue falls within the venue of this court.
[01:49:17.000 --> 01:49:22.000]  That's pretty standard stuff.
[01:49:22.000 --> 01:49:32.000]  Then you go to a statement of facts and then you go to a brief argument in support or memorandum.
[01:49:32.000 --> 01:49:37.000]  I'm sorry, then you go to causes of action.
[01:49:37.000 --> 01:49:47.000]  You state a cause of action and then you do essentially a statement of facts, an argument in support.
[01:49:47.000 --> 01:49:52.000]  You have your statement of facts above that and you refer to that,
[01:49:52.000 --> 01:50:05.000]  those statement of facts and show why those facts coupled with this law gives you a right to an adjudication in your favor.
[01:50:05.000 --> 01:50:09.000]  You do that for each cause of action that you have.
[01:50:09.000 --> 01:50:13.000]  All that needs to be included in the initial complaint?
[01:50:13.000 --> 01:50:19.000]  Yes, and then at the end, make sure you put in a prayer.
[01:50:19.000 --> 01:50:25.000]  I had a guy have me look at his suit and I went over it and gave it back to him.
[01:50:25.000 --> 01:50:27.000]  I said, they don't have a prayer.
[01:50:27.000 --> 01:50:29.000]  He said, well, why not?
[01:50:29.000 --> 01:50:30.000]  I don't know.
[01:50:30.000 --> 01:50:33.000]  They didn't put one in there.
[01:50:33.000 --> 01:50:37.000]  The prayer is what you asked for.
[01:50:37.000 --> 01:50:39.000]  He didn't have one.
[01:50:39.000 --> 01:50:42.000]  His lawyers, they obviously just screwed up.
[01:50:42.000 --> 01:50:48.000]  But if you don't have a prayer in there, you can go through all your causes of action.
[01:50:48.000 --> 01:50:54.000]  But when you've gone through the causes of action, now you need to go down and for each cause of action,
[01:50:54.000 --> 01:50:59.000]  you ask the court for a specific remedy.
[01:50:59.000 --> 01:51:11.000]  And what I suggest you do is for each cause of action that you have is look up jury charge.
[01:51:11.000 --> 01:51:14.000]  There's a jury charge for every cause of action you can think of.
[01:51:14.000 --> 01:51:19.000]  Now, cause of action is not just what you're complaining about.
[01:51:19.000 --> 01:51:31.000]  A cause of action is defined by the courts, fraud, fraud by non-disclosure, fraud per se,
[01:51:31.000 --> 01:51:40.000]  intentional infliction of emotional distress, interference, torturous interference with contract.
[01:51:40.000 --> 01:51:44.000]  All of your causes of action are already defined in law.
[01:51:44.000 --> 01:51:52.000]  You need to go through the causes of action and see which one your circumstance goes to.
[01:51:52.000 --> 01:52:02.000]  Think of a cause of action like you would think of a criminal statute in a criminal prosecution.
[01:52:02.000 --> 01:52:07.000]  So you have to have a defined cause of action, one that the court's already defined,
[01:52:07.000 --> 01:52:12.000]  and show how your situation fits that cause of action.
[01:52:12.000 --> 01:52:22.000]  And in order to address that the best way is you look up the pattern jury charge for this cause of action.
[01:52:22.000 --> 01:52:25.000]  Fraud by non-disclosure.
[01:52:25.000 --> 01:52:39.000]  You must find that the defendant made a proactive statement of fact to the plaintiff that the statement was false,
[01:52:39.000 --> 01:52:44.000]  that the defendant intended that the statement be taken as true,
[01:52:44.000 --> 01:52:51.000]  that the plaintiff did take the statement as true, and the plaintiff was harmed by that thereby.
[01:52:51.000 --> 01:52:56.000]  And look at the jury charge first.
[01:52:56.000 --> 01:53:02.000]  The only thing that matters is what's in the jury charge.
[01:53:02.000 --> 01:53:08.000]  You can argue all kind of cool stuff, but if it's not in the jury charge,
[01:53:08.000 --> 01:53:14.000]  if it's not one of the actual elements of the cause of action, don't make any difference.
[01:53:14.000 --> 01:53:22.000]  So to keep you from wasting time arguing things that sound important but really don't matter,
[01:53:22.000 --> 01:53:27.000]  find a jury charge for each one of those causes of action you're going to use,
[01:53:27.000 --> 01:53:33.000]  and then write your complaint, you know, put in your facts and your arguments
[01:53:33.000 --> 01:53:37.000]  so that they go to each of the elements in that jury charge.
[01:53:37.000 --> 01:53:39.000]  Does that make sense, Oliver?
[01:53:39.000 --> 01:53:43.000]  Yes. Are the jury charge state-facistic or...?
[01:53:43.000 --> 01:53:47.000]  They tend to be state-specific, yes.
[01:53:47.000 --> 01:53:54.000]  Even if you're filing in the Fed, it's better if you do look at the state and then look,
[01:53:54.000 --> 01:53:58.000]  if you're filing a federal suit, then also look at the Fed.
[01:53:58.000 --> 01:54:06.000]  But since this happened in the state, the state law is likely to affect
[01:54:06.000 --> 01:54:13.000]  what would constitute a claim under a particular cause of action.
[01:54:13.000 --> 01:54:17.000]  I think while I was reading in the rule of procedure,
[01:54:17.000 --> 01:54:29.000]  it said that federal claims could be brought in state court, in circuit court first.
[01:54:29.000 --> 01:54:35.000]  Well, if you're filing a 42-year code 1983 suit, you can't bring that in the state.
[01:54:35.000 --> 01:54:43.000]  But if you're just... Cause of actions in general are state claims by their nature,
[01:54:43.000 --> 01:54:52.000]  unless there's something that forces it into the state, like a procedural due process claim.
[01:54:52.000 --> 01:55:00.000]  Or if you make the claim under 42 U.S. Code 1983, that would necessarily be federal.
[01:55:00.000 --> 01:55:09.000]  But all of the causes of action that are in a 42 U.S. Code 1983 suit
[01:55:09.000 --> 01:55:13.000]  can, for the most part, be made in a state court.
[01:55:13.000 --> 01:55:14.000]  Okay.
[01:55:14.000 --> 01:55:19.000]  But what's going to happen if you file it in the state?
[01:55:19.000 --> 01:55:25.000]  The other side is going to want to remove it to the Fed almost always.
[01:55:25.000 --> 01:55:32.000]  So write it for the state and the Fed.
[01:55:32.000 --> 01:55:37.000]  Write it. Look up Rule 12b6.
[01:55:37.000 --> 01:55:38.000]  Okay.
[01:55:38.000 --> 01:55:43.000]  Expect that when you file, it's going to be removed to the Fed,
[01:55:43.000 --> 01:55:47.000]  and they'll file a 12b6 immediately.
[01:55:47.000 --> 01:55:58.000]  So write your claim so that it will pass the 12b6 challenge.
[01:55:58.000 --> 01:55:59.000]  All right.
[01:55:59.000 --> 01:56:02.000]  It's not as hard as it appears.
[01:56:02.000 --> 01:56:07.000]  The court has to take your statements as true.
[01:56:07.000 --> 01:56:08.000]  No, no, no.
[01:56:08.000 --> 01:56:09.000]  I understand what you're saying.
[01:56:09.000 --> 01:56:13.000]  It's just that because I have a book, a pro-state book, that explains all that.
[01:56:13.000 --> 01:56:17.000]  I didn't – just like you said, they changed the thing.
[01:56:17.000 --> 01:56:19.000]  You've got to include all of that in the complaint.
[01:56:19.000 --> 01:56:21.000]  In the book, it said that you didn't have to do that.
[01:56:21.000 --> 01:56:26.000]  It said that you could just bring up the charges, then bring up the –
[01:56:26.000 --> 01:56:27.000]  Okay.
[01:56:27.000 --> 01:56:29.000]  The book is old.
[01:56:29.000 --> 01:56:30.000]  Right.
[01:56:30.000 --> 01:56:32.000]  What you're saying is I've got to ask you a question.
[01:56:32.000 --> 01:56:35.000]  S. Cross v. Tomley is like in the 80s.
[01:56:35.000 --> 01:56:36.000]  Right.
[01:56:36.000 --> 01:56:38.000]  No, it's not the 80s.
[01:56:38.000 --> 01:56:42.000]  I think it's maybe 2000.
[01:56:42.000 --> 01:56:44.000]  It's relatively recent.
[01:56:44.000 --> 01:56:49.000]  So this book is still addressing notice pleadings.
[01:56:49.000 --> 01:56:50.000]  Okay.
[01:56:50.000 --> 01:56:52.000]  The law has changed.
[01:56:52.000 --> 01:56:56.000]  Just look up 12b6, and that will show you how the law has changed.
[01:56:56.000 --> 01:56:58.000]  Okay.
[01:56:58.000 --> 01:57:03.000]  Just – you'll find – if you just do a search for 12b6 on the Internet,
[01:57:03.000 --> 01:57:10.000]  you'll find stuff these lawyers have put up there on how to argue a 12b6,
[01:57:10.000 --> 01:57:15.000]  how to file a 12b6, how to defend against a 12b6.
[01:57:15.000 --> 01:57:19.000]  And that's what you want to see, how to defend against a 12b6.
[01:57:19.000 --> 01:57:25.000]  And that will tell you how to write your pleadings so that you will beat them.
[01:57:25.000 --> 01:57:26.000]  Got it.
[01:57:26.000 --> 01:57:30.000]  As far as the guy that you were talking to earlier, I understand his argument.
[01:57:30.000 --> 01:57:40.000]  But what he's not correlating is that these statutes are written in a language
[01:57:40.000 --> 01:57:43.000]  that are protecting the same principle.
[01:57:43.000 --> 01:57:46.000]  And they're even stricter.
[01:57:46.000 --> 01:57:48.000]  So forget that.
[01:57:48.000 --> 01:57:49.000]  Forget that.
[01:57:49.000 --> 01:57:50.000]  Learn the statute.
[01:57:50.000 --> 01:57:52.000]  Learn how it's applied.
[01:57:52.000 --> 01:57:56.000]  And you take them to the park and play baseball.
[01:57:56.000 --> 01:57:59.000]  Yeah, it works if you're doing it.
[01:57:59.000 --> 01:58:00.000]  Yeah.
[01:58:00.000 --> 01:58:02.000]  I mean, I haven't even filed a motion.
[01:58:02.000 --> 01:58:03.000]  They're just dismissing.
[01:58:03.000 --> 01:58:06.000]  I'm waiting to go to trials to put me in front of 12 people,
[01:58:06.000 --> 01:58:07.000]  because I'm adamant about it.
[01:58:07.000 --> 01:58:08.000]  I want to speak.
[01:58:08.000 --> 01:58:09.000]  They ain't dismissing.
[01:58:09.000 --> 01:58:10.000]  I'm like, wait a minute.
[01:58:10.000 --> 01:58:12.000]  I didn't ask for a dismissal.
[01:58:12.000 --> 01:58:13.000]  I want 12 people.
[01:58:13.000 --> 01:58:15.000]  They're like, no.
[01:58:15.000 --> 01:58:17.000]  And so I didn't even do all these fighting.
[01:58:17.000 --> 01:58:20.000]  I got several cases kicked out.
[01:58:20.000 --> 01:58:21.000]  Okay, great, great.
[01:58:21.000 --> 01:58:23.000]  I am sorry we are out of time.
[01:58:23.000 --> 01:58:26.000]  I'm sorry it took so long to get to you in France.
[01:58:26.000 --> 01:58:28.000]  I'm sorry we didn't get to you.
[01:58:28.000 --> 01:58:30.000]  Call us back in next Thursday,
[01:58:30.000 --> 01:58:32.000]  and we'll move you to the top.
[01:58:32.000 --> 01:58:34.000]  This is Randy Kelton,
[01:58:34.000 --> 01:58:35.000]  Vet Pack,
[01:58:35.000 --> 01:58:36.000]  Rue de la Radio.
[01:58:36.000 --> 01:58:38.000]  We'll be back next Thursday,
[01:58:38.000 --> 01:58:40.000]  8 o'clock Central,
[01:58:40.000 --> 01:58:42.000]  for our two-hour show,
[01:58:42.000 --> 01:58:45.000]  and then again next Friday for our four-hour info marathon.
[01:58:45.000 --> 01:58:47.000]  Thank you all for listening,
[01:58:47.000 --> 01:58:49.000]  and good night.
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