[00:00.000 --> 00:05.800]  The following newsflash is brought to you by the Lone Star Lowdown, providing the daily
[00:05.800 --> 00:13.520]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.520 --> 00:21.400]  into the tides of the alternatives.
[00:21.400 --> 00:26.600]  Markets for Wednesday, the 5th of October, 2016 are currently treading with gold at $1,266.60
[00:26.600 --> 00:34.080]  an ounce, silver $17.72 an ounce, Texas crude $48.69 a barrel, and Bitcoin is currently
[00:34.080 --> 00:43.320]  sitting at about $613 U.S. currency.
[00:43.320 --> 00:48.360]  Today in history, the year 1947, the first televised White House presidential address
[00:48.360 --> 00:56.400]  is given by then U.S. President Harry S. Truman, today in history.
[00:56.400 --> 01:00.660]  One recent news, the Paris Climate Agreement is set to take effect next month, adopted
[01:00.660 --> 01:07.440]  by consensus on December 12, 2015, at the 21st Conference of the Parties of the UNFCCC
[01:07.440 --> 01:12.000]  or United Nations Framework Convention on Climate Change in Paris, and open for signatures
[01:12.000 --> 01:17.200]  on the 22nd of April, 2016, Earth Day, and a ceremony in New York City.
[01:17.200 --> 01:19.080]  It is set to take effect on November 4.
[01:19.080 --> 01:23.040]  It is essentially a global agreement for the redirecting of the world economy away from
[01:23.040 --> 01:26.720]  fossil fuels towards more greenhouse-friendly forms of energy.
[01:26.720 --> 01:31.080]  President Obama, speaking from the Rose Garden, talking about the agreement, said that, quote,
[01:31.080 --> 01:35.800]  this gives us the best possible shot to save the one planet we've got, and that one of
[01:35.800 --> 01:39.920]  the reasons I took this office was to make America the leader in this mission.
[01:39.920 --> 01:44.440]  The agreement already has support from major greenhouse gas emitters like China, the United
[01:44.440 --> 01:49.640]  States, and India, and in total, 72 out of 195 countries have ratified the agreement.
[01:49.640 --> 01:53.520]  According to the UN, Republican presidential candidate Donald Trump opposes the agreement
[01:53.520 --> 01:58.120]  since it lacks the approval of the U.S. Congress, while Democratic nominee Hillary Clinton is
[01:58.120 --> 02:04.320]  a strong supporter.
[02:04.320 --> 02:08.180]  More than 50 correctional officers and inmates inside Maryland's largest state prison were
[02:08.180 --> 02:12.080]  charged by prosecutors Wednesday today with bribery and drug conspiracy.
[02:12.080 --> 02:16.320]  The guards are accused of smuggling cell phones, tobacco, and drugs into the Eastern Shore
[02:16.320 --> 02:21.760]  facility in exchange for money and sex, according to indictments unsealed in a federal investigation.
[02:21.760 --> 02:25.840]  Apparently, prison guards were passing through security with undetected heroin, cocaine,
[02:25.840 --> 02:29.880]  and pornographic videos, which were then handed off to inmates in exchange for hundreds of
[02:29.880 --> 02:30.880]  dollars.
[02:30.880 --> 02:34.480]  They were also being accused of warning inmates when prison officials were preparing to search
[02:34.480 --> 02:39.760]  cells and of using force and intimidation to silence inmates who were reporting the smuggling.
[02:39.760 --> 02:43.280]  According to court records, inmates were using the prison phones and their contraband cell
[02:43.280 --> 02:46.240]  phones to pay off correctional officers through PayPal.
[02:46.240 --> 02:51.120]  They were hustling $500 for each package on average and as much as $3,000 a week, according
[02:51.120 --> 02:52.120]  to investigators.
[02:52.120 --> 03:19.160]  This is Rick Rode with the Lowdown for October 5th, 2016.
[03:23.120 --> 03:25.160]  Okay, we are back.
[03:25.160 --> 03:37.040]  Randy Kelton with La Radio and Rodney, it appears as though the lawyer deliberately attempted
[03:37.040 --> 03:47.480]  to avoid service because if you send your notice to the lawyer's office, that's a standard
[03:47.480 --> 03:53.640]  way of serving a lawyer and they can be served by certified mail.
[03:53.640 --> 03:57.080]  You don't have to serve them in person.
[03:57.080 --> 04:02.560]  Does this lawyer still have a bar card?
[04:02.560 --> 04:07.560]  Yes.
[04:07.560 --> 04:17.600]  You might check, go to whatever county you're in, go to the district clerk's office and
[04:17.600 --> 04:19.640]  do a search for this lawyer's name.
[04:19.640 --> 04:25.720]  Go to the county court and do a search for this lawyer's name and see if he's represented
[04:25.720 --> 04:26.720]  in any cases.
[04:26.720 --> 04:33.720]  Do you know if this lawyer actually does, represents clients, is he just an administrative
[04:33.720 --> 04:34.720]  lawyer?
[04:34.720 --> 04:36.720]  Oh, wait a minute, wait a minute.
[04:36.720 --> 04:37.720]  This is easy.
[04:37.720 --> 04:38.720]  Wait, this is easy.
[04:38.720 --> 04:47.120]  The bar has, and he has to have an address with the bar.
[04:47.120 --> 04:48.120]  That's what I said.
[04:48.120 --> 04:51.520]  That's how I got the address to the Texas State Bar.
[04:51.520 --> 04:55.520]  I called them and I gave the name of the attorney.
[04:55.520 --> 04:59.080]  They said, are there any grievances?
[04:59.080 --> 05:00.920]  They said no, they're in good standing.
[05:00.920 --> 05:08.120]  I said, what is their address, their business address, and they gave it to me.
[05:08.120 --> 05:09.120]  Oh, perfect.
[05:09.120 --> 05:12.680]  So have you bar grieved him?
[05:12.680 --> 05:16.200]  I haven't bar, it just happens to be a lady.
[05:16.200 --> 05:17.200]  Her.
[05:17.200 --> 05:18.200]  Okay.
[05:18.200 --> 05:25.400]  Bar grieve her for avoidance of service and then prepare a criminal complaint and file
[05:25.400 --> 05:33.120]  it with this judge and ask for sanctions against the lawyer for avoidance of service.
[05:33.120 --> 05:36.880]  You've refiled your mandamus.
[05:36.880 --> 05:43.960]  You asked the judge to strike the ruling by the administrative judge because the lawyer
[05:43.960 --> 05:51.040]  in the case committed felony avoidance of service in order to deny you your ruling.
[05:51.040 --> 05:53.160]  Oh, my goodness.
[05:53.160 --> 05:55.160]  This is, this is.
[05:55.160 --> 05:58.640]  That will jerk a knot in their shorts.
[05:58.640 --> 06:06.280]  And this is, if this is a district judge, the district judge is not going to be happy.
[06:06.280 --> 06:15.360]  If they're out for a lawyer to avoid service, oh, my goodness.
[06:15.360 --> 06:18.760]  That may jerk her bar card.
[06:18.760 --> 06:19.760]  Yeah.
[06:19.760 --> 06:20.760]  Yeah.
[06:20.760 --> 06:30.440]  I just found it, like I said, I just found it very interesting that, by the way, her
[06:30.440 --> 06:36.600]  boss happens to be the attorney general and they're the ones who showed up, made an appearance
[06:36.600 --> 06:37.600]  the day that.
[06:37.600 --> 06:38.600]  Oh, wait.
[06:38.600 --> 06:39.600]  Hold on.
[06:39.600 --> 06:45.680]  You sent this to an attorney general's attorney?
[06:45.680 --> 06:52.920]  Yeah, one of the attorney generals got served also.
[06:52.920 --> 06:56.640]  Now, wait a minute, wait a minute.
[06:56.640 --> 07:04.160]  How was this lawyer related to the attorney general's office?
[07:04.160 --> 07:17.640]  The agency is a state agency and the hearing officer, they are, they consult with or they're
[07:17.640 --> 07:22.280]  advised by the attorney general's office.
[07:22.280 --> 07:23.280]  I know.
[07:23.280 --> 07:24.280]  Wait a minute.
[07:24.280 --> 07:36.000]  Is this the lawyer that acted for the attorney general?
[07:36.000 --> 07:40.440]  I'm not sure if I understand the question you're saying.
[07:40.440 --> 07:46.240]  This lawyer, you said she's associated with the attorney general's office somehow.
[07:46.240 --> 07:48.320]  How is she associated with them?
[07:48.320 --> 07:49.320]  Well, no.
[07:49.320 --> 07:57.080]  What I meant is they're her boss, she's contract, she is a contractor, a hearing officer who
[07:57.080 --> 08:00.800]  contracts with the state and take these different cases.
[08:00.800 --> 08:05.440]  Is the hearing officer the one you were trying to serve?
[08:05.440 --> 08:06.440]  Yes.
[08:06.440 --> 08:07.440]  Holy moly.
[08:07.440 --> 08:08.440]  So is the attorney general.
[08:08.440 --> 08:09.440]  That's her counsel.
[08:09.440 --> 08:10.440]  I did.
[08:10.440 --> 08:25.040]  Oh, beautiful, never in a field with somebody when they're screwing up sue the attorney
[08:25.040 --> 08:31.960]  general, but go to this court and ask for sanctions against the lawyer and against the
[08:31.960 --> 08:37.040]  attorney general for avoidance of service.
[08:37.040 --> 08:43.840]  Well, the constables, they eventually were able to serve the attorney general, but they
[08:43.840 --> 08:51.320]  still haven't been able to serve the attorney general.
[08:51.320 --> 08:54.000]  She's been contracted by the attorney general.
[08:54.000 --> 08:56.000]  Yeah, absolutely.
[08:56.000 --> 08:58.720]  She serves through the attorney general.
[08:58.720 --> 09:03.480]  You can claim, absolutely you should claim avoidance of service.
[09:03.480 --> 09:09.000]  I mean, look it up while we're talking, but that's a felony in Texas.
[09:09.000 --> 09:16.640]  Randy, you've given me enough ammunition figuratively speaking to do what I need to do.
[09:16.640 --> 09:24.520]  So what I'm going to do is move on so that you can take some other good callers.
[09:24.520 --> 09:27.520]  Okay.
[09:27.520 --> 09:29.120]  But look up avoidance of service.
[09:29.120 --> 09:32.200]  That is going to make them really unhappy.
[09:32.200 --> 09:33.200]  Okay.
[09:33.200 --> 09:35.800]  Thank you very much, Rodney.
[09:35.800 --> 09:38.400]  And keep us up to date on how this shakes out.
[09:38.400 --> 09:39.400]  All right.
[09:39.400 --> 09:40.400]  Thank you.
[09:40.400 --> 09:41.400]  You have a good.
[09:41.400 --> 09:42.400]  All righty.
[09:42.400 --> 09:43.400]  Okay.
[09:43.400 --> 09:47.160]  Now we're going to go to, I have a caller listed as Rodney in Texas, but it came up
[09:47.160 --> 09:52.160]  wrong.
[09:52.160 --> 09:53.760]  I'm not sure who you are.
[09:53.760 --> 10:00.360]  If you're on the line waiting and you're not Olivier Scott or the Rodney that just
[10:00.360 --> 10:03.400]  stopped off, please pick up your un-muted.
[10:03.400 --> 10:04.400]  Hello.
[10:04.400 --> 10:05.400]  Hello.
[10:05.400 --> 10:08.400]  Who am I talking to?
[10:08.400 --> 10:09.400]  Don.
[10:09.400 --> 10:10.400]  Just first name.
[10:10.400 --> 10:11.400]  Just first name.
[10:11.400 --> 10:12.400]  Don in New Mexico.
[10:12.400 --> 10:13.400]  Don in New Mexico.
[10:13.400 --> 10:14.400]  Okay.
[10:14.400 --> 10:15.400]  Oh, that's right.
[10:15.400 --> 10:16.400]  The producer told me that and I forgot.
[10:16.400 --> 10:17.400]  Okay.
[10:17.400 --> 10:18.400]  That's all right.
[10:18.400 --> 10:19.400]  You've been busy.
[10:19.400 --> 10:20.400]  Okay.
[10:20.400 --> 10:21.400]  We're going to call you Rodney just for fun.
[10:21.400 --> 10:22.400]  There you go.
[10:22.400 --> 10:23.400]  All right.
[10:23.400 --> 10:24.400]  Okay.
[10:24.400 --> 10:31.400]  So Rodney in New Mexico.
[10:31.400 --> 10:32.400]  Okay.
[10:32.400 --> 10:35.400]  What can we do for you today?
[10:35.400 --> 10:37.520]  Well, a couple of things.
[10:37.520 --> 10:47.520]  I'm still waiting on my Freedom of Information Act request to be fulfilled for the supervisor's
[10:47.520 --> 10:53.720]  supervisor of the IRS employee that I'm going after.
[10:53.720 --> 10:55.960]  And they've had that for about a month now.
[10:55.960 --> 11:00.600]  So I'm hoping it will arrive fairly soon.
[11:00.600 --> 11:05.480]  In the meantime, I'm working on a complaint for the grand jury and-
[11:05.480 --> 11:06.480]  Oh, wonderful.
[11:06.480 --> 11:07.480]  Yeah.
[11:07.480 --> 11:12.960]  So I was wondering your input on writing it up.
[11:12.960 --> 11:24.480]  I downloaded an information that was filed by a United States attorney.
[11:24.480 --> 11:30.280]  And I think I heard on a recent show, you were saying just grab an information-
[11:30.280 --> 11:31.280]  Okay.
[11:31.280 --> 11:32.880]  Better, better, better idea.
[11:32.880 --> 11:37.160]  I was digging around the other day and I found it.
[11:37.160 --> 11:45.880]  I found a PDF fill in the blanks federal criminal complaint.
[11:45.880 --> 11:54.960]  If you will send me an email to randy at ruvalradio.com, I will send you that complaint.
[11:54.960 --> 11:59.920]  I'll send you a set of complaints.
[11:59.920 --> 12:04.760]  I've got a set that I'm in the process of filing against a judge, but I want you to
[12:04.760 --> 12:07.760]  see it and look at it.
[12:07.760 --> 12:12.800]  Over the years doing this, I've developed a way to do it.
[12:12.800 --> 12:20.200]  When you file a complaint, you only want one charge on your complaint.
[12:20.200 --> 12:27.280]  If you have more than one issue, generally, especially when we're dealing with public
[12:27.280 --> 12:33.080]  officials, we get several different things we could charge them with.
[12:33.080 --> 12:38.600]  So I make up an affidavit in the form of a statement of facts.
[12:38.600 --> 12:46.160]  This happened, this happened, this happened, and this will cover more than one complaint.
[12:46.160 --> 12:53.160]  Then I'll take that affidavit and cut sections out of it.
[12:53.160 --> 12:59.360]  When I write an affidavit for this purpose, when I'm writing the affidavit, I'm keeping
[12:59.360 --> 13:07.680]  in mind that I do these statements, this first set of statements of facts is to support this
[13:07.680 --> 13:11.400]  particular claim over here.
[13:11.400 --> 13:15.840]  Then I go down and then I do another set of facts that supports another claim.
[13:15.840 --> 13:20.880]  I'll send you my Cherokee County complaints, there's about 30 in there, and there's a
[13:20.880 --> 13:25.200]  big statement of facts.
[13:25.200 --> 13:31.000]  But you go down the statement of facts and then you look at the corresponding complaint
[13:31.000 --> 13:36.720]  and you can see that I went to the statement of facts and I just plucked that section out
[13:36.720 --> 13:39.840]  and dropped it in the complaint.
[13:39.840 --> 13:46.160]  Then I go down to the next accusation, I pluck it out and drop it in the complaint.
[13:46.160 --> 13:55.320]  So when the reader reads the statement of facts and then they go back and read the complaints,
[13:55.320 --> 14:02.320]  they'll know exactly what the context of this particular complaint is.
[14:02.320 --> 14:05.120]  It causes them to read the same thing two or three times.
[14:05.120 --> 14:06.120]  Does this make sense?
[14:06.120 --> 14:07.120]  Yes, it does.
[14:07.120 --> 14:08.120]  Okay.
[14:08.120 --> 14:13.320]  If you send me an email, I'll send you these Cherokee County complaints so you can see
[14:13.320 --> 14:21.960]  how that, that's where I worked out that procedure and it really stitched them together really
[14:21.960 --> 14:24.960]  nice.
[14:24.960 --> 14:25.960]  That'll help with the complaint.
[14:25.960 --> 14:31.560]  I'll also send you this fill-in-the-blank federal document.
[14:31.560 --> 14:37.960]  Matter of fact, while I'm here talking, I can go in, I think I can find it if I remember
[14:37.960 --> 14:39.240]  where I put it.
[14:39.240 --> 14:50.640]  Each federal document has a form number on it and I've got it, this one has a form on
[14:50.640 --> 14:51.640]  it.
[14:51.640 --> 15:00.560]  I don't know what I did with it, it's not, I was trying to remember what I was doing.
[15:00.560 --> 15:06.200]  Oh, I think I was doing bar grievances, it'll take me too long in the air, but I'll find
[15:06.200 --> 15:12.600]  it and so maybe the next time I do the show, I'll have the form number ready and then you
[15:12.600 --> 15:21.240]  just go on the, or you might try just going on U.S. Courts and do a search for complaint
[15:21.240 --> 15:22.240]  form.
[15:22.240 --> 15:27.000]  They have a form section and to take you right to it, you can download it.
[15:27.000 --> 15:32.040]  If I remember going to the U.S. Court, they had all kinds of forms, but they did not have
[15:32.040 --> 15:33.040]  complaint.
[15:33.040 --> 15:39.200]  It seems I remember going there too and I was surprised when I stumbled across this
[15:39.200 --> 15:40.200]  one.
[15:40.200 --> 15:49.520]  So, send me an email, I'll send that complaint form to you, but make sure one accusation
[15:49.520 --> 15:52.040]  per complaint.
[15:52.040 --> 15:59.520]  Never stack them together because you can and it's acceptable that way, but if you do,
[15:59.520 --> 16:04.200]  they'll address one, refuse to act on it and ignore the rest.
[16:04.200 --> 16:05.200]  Okay.
[16:05.200 --> 16:11.960]  If they have each complaint in a separate form, they have to address each one separately.
[16:11.960 --> 16:17.040]  So, you're talking about sending in more than one complaint?
[16:17.040 --> 16:18.040]  Oh, yes.
[16:18.040 --> 16:22.080]  I sent in 35 to Cherokee County.
[16:22.080 --> 16:28.000]  Eddie Craig, when he first started with us, he called in to find out how to get remedy
[16:28.000 --> 16:30.080]  and I told him, file criminal complaints against him.
[16:30.080 --> 16:34.800]  He called back, he filed 110.
[16:34.800 --> 16:35.800]  Why so few?
[16:35.800 --> 16:40.320]  He said, my printer ran out of ink.
[16:40.320 --> 16:43.920]  But the point is, you can find plenty of complaints to file.
[16:43.920 --> 16:46.680]  You start stacking them on and that's going to make them real nervous.
[16:46.680 --> 17:00.280]  Hang on, about to go to break, Randy Kelton, Rule of Law Radio, we'll be right back.
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[17:49.600 --> 17:58.600]  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
[17:58.600 --> 18:01.040]  collectors now.
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[18:05.640 --> 18:07.040]  of nutrition.
[18:07.040 --> 18:11.160]  People feed their pets better than they feed themselves, and it's time we changed all
[18:11.160 --> 18:12.160]  that.
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[18:59.600 --> 19:06.040]  We are listening to the Logos Radio Network, Logosradio.com.
[19:06.040 --> 19:18.640]  Well, don't let nothing get to you, only the father can deliver you, don't let bad
[19:18.640 --> 19:32.960]  people hurt you, until safe and get behind you, you know what I mean, my friend?
[19:32.960 --> 19:40.320]  Okay, we are back, Randy Rudavla Radio, we're going to dawn in New Mexico, so, oh, this
[19:40.320 --> 19:42.920]  is great, you're going after IOS agents.
[19:42.920 --> 19:52.800]  Yeah, and I've got several violations of the U.S. Code, 18 U.S. Code 241, 242, 18 U.S.
[19:52.800 --> 19:58.480]  Code 1001, and you're saying I should just grab one of those?
[19:58.480 --> 20:05.520]  Yeah, do all of these arise out of the same incident, the same behavior?
[20:05.520 --> 20:06.520]  Yes.
[20:06.520 --> 20:15.680]  Okay, what I'm saying is, say I point a gun at you and I shoot you, you could say that's
[20:15.680 --> 20:23.240]  attempted murder, that's assault with a deadly weapon, that's, there's a lot of things you
[20:23.240 --> 20:30.520]  can accuse me of doing in the one thing, but if I do one thing, you can generally only
[20:30.520 --> 20:33.200]  charge me one time.
[20:33.200 --> 20:43.400]  But if I shoot at you and then I shoot at somebody else, that's not one thing, that's
[20:43.400 --> 20:55.360]  two things, so, even though it's one, maybe one meeting, he can commit more than one crime
[20:55.360 --> 21:01.760]  in one meeting, but if he says one thing to you, that can only be one crime, am I making
[21:01.760 --> 21:03.360]  sense here?
[21:03.360 --> 21:11.840]  Yes, I'll see if I can split these out, so I can do one, more than one criminal complaint
[21:11.840 --> 21:14.120]  against the same people?
[21:14.120 --> 21:15.120]  Absolutely.
[21:15.120 --> 21:16.120]  All right, okay.
[21:16.120 --> 21:19.120]  And the more, the better.
[21:19.120 --> 21:20.120]  Okay.
[21:20.120 --> 21:29.440]  Here's the deal about criminal complaints, they're not going to be afraid of you.
[21:29.440 --> 21:35.080]  What they're going to be afraid of is the political cannon fodder you're going to give
[21:35.080 --> 21:36.560]  to somebody else.
[21:36.560 --> 21:44.880]  Now, if this is a low-level IRS employee, they all want upgraded, they all want raises,
[21:44.880 --> 21:48.480]  they want to move up the ladder.
[21:48.480 --> 21:53.520]  And the government comes down with so many promotions, you know, when I was in the military
[21:53.520 --> 21:57.320]  they called them line numbers.
[21:57.320 --> 22:05.560]  Everybody in my section had, we were all E3s, we had all met their qualifications for E5,
[22:05.560 --> 22:12.400]  there's about 30 of us, they come down with five line numbers.
[22:12.400 --> 22:15.720]  Five guys get to go to sergeant, that's about an extra hundred bucks a month, and this is
[22:15.720 --> 22:18.960]  back in the 60s, so that's a lot of money.
[22:18.960 --> 22:22.440]  So who do I promote?
[22:22.440 --> 22:31.720]  All these guys have essentially the same record, oh, this guy over here, he got a complaint
[22:31.720 --> 22:37.920]  filed against him and he's out, see the point?
[22:37.920 --> 22:47.080]  You put a mark on his chart and that mark will follow him forever.
[22:47.080 --> 22:51.160]  Each complaint is another mark on his chart.
[22:51.160 --> 23:00.920]  And the higher up they are in the structure, the more frightening that is because the higher
[23:00.920 --> 23:07.400]  you get, the more people you got below you that wants your position.
[23:07.400 --> 23:13.840]  You know, I got all the highest judges in Texas put before a grand jury about six, seven
[23:13.840 --> 23:14.840]  years ago.
[23:14.840 --> 23:21.280]  And I thought it was all the pressure I put on the prosecutor and my eloquent, eloquent
[23:21.280 --> 23:22.280]  oratory.
[23:22.280 --> 23:33.240]  It was none of that, 25 year prosecuting attorney not running for office again, he's a Democrat,
[23:33.240 --> 23:37.680]  all 15 of those judges were Republicans.
[23:37.680 --> 23:42.960]  That dirty rotten scoundrel Ron Earl tried to take all those judges out with him and he
[23:42.960 --> 23:47.560]  used my complaint as cannon fodder to try to get it done.
[23:47.560 --> 23:50.560]  Was he successful?
[23:50.560 --> 23:52.600]  No, he wasn't.
[23:52.600 --> 23:56.880]  However, they got, they were, they have grand juries for three months.
[23:56.880 --> 24:04.120]  The grand jury got my complaints the first day in office, they no-build him the last
[24:04.120 --> 24:05.120]  day in office.
[24:05.120 --> 24:11.560]  All 15 of these judges sat there for three months wondering if their careers were going
[24:11.560 --> 24:13.920]  to end tomorrow.
[24:13.920 --> 24:19.320]  And the issue that brought me there, they demanded a motion for leave to file a writ
[24:19.320 --> 24:23.520]  of habeas corpus and I claimed that was illegal.
[24:23.520 --> 24:29.880]  If you file a writ of habeas corpus with the court of criminal appeals, they will no longer
[24:29.880 --> 24:32.840]  ask for a motion for leave to file.
[24:32.840 --> 24:36.560]  They cut that nonsense out.
[24:36.560 --> 24:44.280]  So it had its effect but the point, but that's what I really learned the lesson about politics.
[24:44.280 --> 24:49.680]  Your complaints, the higher you can get up with your complaints, the more powerful they
[24:49.680 --> 24:56.160]  become because the higher up they get, the more they aspire to the next level and the
[24:56.160 --> 24:59.440]  more people they've got trying to pull them out of that level.
[24:59.440 --> 25:06.520]  So they become very political, very fast and you go in there and you put a political marker
[25:06.520 --> 25:12.840]  on their charts and they are not going to be happy campers.
[25:12.840 --> 25:19.160]  I called the inspector general, assistant to the base commander, uniformed code of military
[25:19.160 --> 25:22.280]  justice says if you have a problem, go through your chain of command.
[25:22.280 --> 25:26.160]  If you don't think you can get satisfaction through your chain of command, you can always
[25:26.160 --> 25:28.000]  go to the attorney general.
[25:28.000 --> 25:31.320]  Heck with the chain of command, I call the IG.
[25:31.320 --> 25:34.400]  The IG calls my squadron commander.
[25:34.400 --> 25:40.800]  My squadron commander calls my officer in charge, my OIC, my OIC calls my NCOIC, non-commissioned
[25:40.800 --> 25:47.880]  officer in charge and they all got their behinds chewed out.
[25:47.880 --> 25:52.920]  They don't care, the commander, he don't care what the problem is.
[25:52.920 --> 25:55.120]  Why am I being chewed out?
[25:55.120 --> 26:00.560]  Because of one of your troops and then the officer in charge is going to go to my NCO
[26:00.560 --> 26:06.120]  and ruin him good because my boss reamed me, you see how this works, this is all politics.
[26:06.120 --> 26:10.000]  Yep, well we'll see how high I can get with these FOIA requests.
[26:10.000 --> 26:15.120]  Oh, that'd be great if they don't answer the FOIA in time.
[26:15.120 --> 26:21.760]  You bang on with a criminal complaint and you don't even have to know who to file against.
[26:21.760 --> 26:31.200]  The custodian of the record is the director of the department unless he has appointed
[26:31.200 --> 26:35.800]  a records officer.
[26:35.800 --> 26:37.920]  You don't care about that.
[26:37.920 --> 26:45.320]  You file against the director of whoever the head of the office is of the department.
[26:45.320 --> 26:50.120]  One of his chumps gets it and they don't act on it the way they should, all of a sudden
[26:50.120 --> 26:58.240]  he's got, you understand that the Open Records Act is not a civil statute, it's a criminal
[26:58.240 --> 26:59.240]  statute.
[26:59.240 --> 27:02.320]  I've just started reading it.
[27:02.320 --> 27:07.440]  So he'd be right at the end if, say, a violation of the act.
[27:07.440 --> 27:15.840]  It's okay, I'm saying this about Texas, I don't remember seeing it in the Fed but it's
[27:15.840 --> 27:18.840]  almost certainly there.
[27:18.840 --> 27:23.680]  And if it's not there, it doesn't matter because you've got 18 U.S. Code 242.
[27:23.680 --> 27:31.360]  It brings me to the Internal Revenue Manual, okay, so I've been going through the Internal
[27:31.360 --> 27:39.200]  Revenue Manual looking at their procedures for issuing notices of levy and notices of
[27:39.200 --> 27:47.320]  federal tax lane and they're not following their procedures and nowhere that I found
[27:47.320 --> 27:49.440]  is there, does there...
[27:49.440 --> 28:03.680]  Okay, when we got the IRS agent fired in Fort Lauderdale, that is exactly how we did it.
[28:03.680 --> 28:10.160]  I got the procedural manual, walked through the manual, looked at what they did.
[28:10.160 --> 28:12.480]  They didn't follow the manual.
[28:12.480 --> 28:22.240]  I charged this woman's boss and her boss's boss, all criminally for what they did.
[28:22.240 --> 28:24.800]  They immediately fired this woman.
[28:24.800 --> 28:29.240]  Is that procedural due process they violated or what?
[28:29.240 --> 28:33.760]  Well, this is where they went in and raided a chiropractor's office.
[28:33.760 --> 28:36.720]  Right, I remember the story.
[28:36.720 --> 28:42.280]  They went in with guns in their hands and the manual said they may only draw a weapon
[28:42.280 --> 28:46.960]  when they have cause to draw and discharge.
[28:46.960 --> 28:47.960]  Right.
[28:47.960 --> 28:55.800]  So, this is strictly by the manual and fired them immediately.
[28:55.800 --> 28:56.800]  So we...
[28:56.800 --> 29:02.360]  I don't understand how to turn not following what the manual says into a criminal charge.
[29:02.360 --> 29:06.840]  Oh, this is 18 U.S. Code 242.
[29:06.840 --> 29:09.200]  Oh, it is, okay.
[29:09.200 --> 29:15.000]  If a public official fails to perform a duty he's required to perform and in the process
[29:15.000 --> 29:19.920]  denies you the full and free access to or enjoyment of a right, that's got them.
[29:19.920 --> 29:23.200]  That's a Class A misdemeanor in the Fed.
[29:23.200 --> 29:24.680]  Okay.
[29:24.680 --> 29:33.280]  Their problem is any duty they're required to perform, any law that directs their behavior
[29:33.280 --> 29:36.920]  and screws the U.S., look that one up.
[29:36.920 --> 29:44.360]  If a public official violates the ruling of this court and he be sane, he may not be heard
[29:44.360 --> 29:46.600]  to say he knows not what he does.
[29:46.600 --> 29:57.800]  Hang on, Randy Kelton, the Wheel of Law Radio, we'll be right back.
[29:57.800 --> 30:08.080]  RFID technology can be used to identify, track and locate things like boxes as they move
[30:08.080 --> 30:09.080]  through a warehouse.
[30:09.080 --> 30:12.600]  But would you use the technology to send social smoke signals?
[30:12.600 --> 30:17.160]  Look after Catherine Albrecht and I'll be back with more in just a moment.
[30:17.160 --> 30:18.760]  Privacy is under attack.
[30:18.760 --> 30:22.360]  When you give up data about yourself, you'll never get it back again.
[30:22.360 --> 30:26.960]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.960 --> 30:28.600]  So protect your rights.
[30:28.600 --> 30:32.240]  Say no to surveillance and keep your information to yourself.
[30:32.240 --> 30:34.920]  Privacy, it's worth hanging on to.
[30:34.920 --> 30:39.200]  This public service announcement is brought to you by Startpage.com, the private search
[30:39.200 --> 30:42.760]  engine alternative to Google, Yahoo and Bing.
[30:42.760 --> 30:44.480]  Start over with Startpage.
[30:44.480 --> 30:50.040]  Makers of blue cigs, smokeless electronic cigarettes are embedding their product with
[30:50.040 --> 30:53.080]  radio frequency microchips or RFID technology.
[30:53.080 --> 30:58.000]  When the chip packs get within 30 feet of each other, they light up, vibrate and swap
[30:58.000 --> 31:01.600]  information so smokers can find each other in a crowd.
[31:01.600 --> 31:06.040]  Later the data gets uploaded to blue cigs website when users plug their packs into a
[31:06.040 --> 31:07.520]  computer for recharging.
[31:07.520 --> 31:12.360]  While high tech cigarettes may help smokers find kindred spirits, they also let blue cig
[31:12.360 --> 31:14.160]  identify and track them.
[31:14.160 --> 31:18.840]  The chips could also be tracked by bar owners, employers or anyone else who chooses to.
[31:18.840 --> 31:21.400]  That's a high price to pay for a little company.
[31:21.400 --> 31:26.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:51.600 --> 32:00.600]  Call 888-910-4367 and see what our powder, seeds and oil can do for you, only at mqsa.org.
[32:00.600 --> 32:05.080]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:05.080 --> 32:08.680]  In today's America, we live in an us against them society and if we the people are ever
[32:08.680 --> 32:12.520]  going to have a free society, then we're going to have to stand and defend our own rights.
[32:12.520 --> 32:16.080]  Among those rights are the right to travel freely and place a place, the right to act
[32:16.080 --> 32:20.120]  in our own private capacity and most importantly, the right to due process of law.
[32:20.120 --> 32:24.360]  The courts afford us the least expensive opportunity to learn how to enforce and preserve our rights
[32:24.360 --> 32:25.360]  through due process.
[32:25.360 --> 32:28.960]  Former sheriff's deputy, Eddie Craig, in conjunction with Rule of Law Radio has put
[32:28.960 --> 32:32.520]  together the most comprehensive teaching tool available that will help you understand what
[32:32.520 --> 32:35.480]  due process is and how to hold courts to the rule of law.
[32:35.480 --> 32:39.480]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.480 --> 32:40.840]  ordering your copy today.
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[32:44.320 --> 32:49.040]  Versus the Lie, video and audio of the original 2009 seminar, hundreds of research documents
[32:49.040 --> 32:50.920]  and other useful resource materials.
[32:50.920 --> 32:54.880]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.880 --> 33:02.400]  Order your copy today and together we can have the free society we all want and deserve.
[33:02.400 --> 33:23.840]  Live free speech radio, logosradionetwork.com.
[33:23.840 --> 33:24.840]  We are back.
[33:24.840 --> 33:27.480]  Randy Kelton, Rule of Law Radio.
[33:27.480 --> 33:28.480]  Okay.
[33:28.480 --> 33:29.480]  Rodney.
[33:29.480 --> 33:30.480]  Rodney.
[33:30.480 --> 33:31.480]  Don, New Mexico.
[33:31.480 --> 33:32.480]  Rodney.
[33:32.480 --> 33:33.480]  I remembered it.
[33:33.480 --> 33:34.480]  Okay.
[33:34.480 --> 33:35.480]  So.
[33:35.480 --> 33:36.480]  All right.
[33:36.480 --> 33:44.720]  So that's the federal issue and I'll send you an email regarding the federal criminal
[33:44.720 --> 33:49.520]  complaint if you can find that copy, I'd appreciate it.
[33:49.520 --> 33:50.960]  Okay.
[33:50.960 --> 33:54.920]  And you might want to go look on jurisimprudence.website.
[33:54.920 --> 34:04.920]  I've got my jurisimprudence site up, but I couldn't keep the jurisimprudence.com name.
[34:04.920 --> 34:12.280]  The guy who set it up for me, he was incredibly inconsiderate.
[34:12.280 --> 34:14.080]  He up and died on me.
[34:14.080 --> 34:16.120]  Yeah, he was inconsiderate.
[34:16.120 --> 34:23.400]  Yeah, really hated to lose old Hal, but he had set the name up and he had his own reseller
[34:23.400 --> 34:31.480]  company and so when he passed away, his wife didn't know how to get into all of his accounts
[34:31.480 --> 34:33.640]  so I wasn't able to recover it.
[34:33.640 --> 34:36.920]  But I do have it on jurisimprudence.website and.
[34:36.920 --> 34:44.640]  Yeah, I have it there today and I looked at a few of the documents and.
[34:44.640 --> 34:48.680]  Click on, I've got a link to Cherokee County right there on the front.
[34:48.680 --> 34:49.680]  Click on that one.
[34:49.680 --> 34:50.680]  I didn't go to that one.
[34:50.680 --> 34:56.080]  Okay, that one will take you to the complaints and there's one big file that's the affidavit
[34:56.080 --> 35:00.640]  or the statement and then you look at the statement and then look at the complaints
[35:00.640 --> 35:05.320]  and you'll see how they have separated them out.
[35:05.320 --> 35:06.320]  Yeah.
[35:06.320 --> 35:14.920]  Matter of fact, I will put this document on that website, but send me an email anyway.
[35:14.920 --> 35:17.160]  I'll make sure I get it in your hands.
[35:17.160 --> 35:18.160]  Okay.
[35:18.160 --> 35:26.960]  And I wanted to let you know that when I clicked on Frog Farm Conspiracy Link, it took me to
[35:26.960 --> 35:30.600]  a page and my antivirus went nut.
[35:30.600 --> 35:35.200]  Clicking on other links said there was no problem.
[35:35.200 --> 35:42.240]  Okay, then I will pull that down, run, I have to download it from the server to my system
[35:42.240 --> 35:45.720]  and then I can run a virus checker on it and then load it back up.
[35:45.720 --> 35:48.000]  Thank you for telling me that.
[35:48.000 --> 35:55.240]  I had this on Bluehost.com and for a while there, I was getting attacked.
[35:55.240 --> 36:03.840]  I got attacked by some guy in Kiev and then I got attacked by some guy in China and I
[36:03.840 --> 36:09.280]  asked Bluehost, don't you guys have a team that we can hire and you go track these guys
[36:09.280 --> 36:13.600]  down and go in there and just beat the crap out of them?
[36:13.600 --> 36:31.680]  I had one guy put thousands of files from some gym shoes and health equipment, just
[36:31.680 --> 36:35.800]  loaded down my server with them and I'd take it off and he'd put it back.
[36:35.800 --> 36:42.360]  I had to go through the entire server, I had to go through and find the string of code
[36:42.360 --> 36:44.000]  and go through every file.
[36:44.000 --> 36:51.840]  Oh, good thing for everybody who has a website, this is how they got me.
[36:51.840 --> 36:59.400]  I had thousands of files on this website, spread across several websites.
[36:59.400 --> 37:12.680]  The only infected files were files on the main folder of the website and HTML or PHP
[37:12.680 --> 37:15.320]  files.
[37:15.320 --> 37:22.840]  I had two separate viruses in there and those are the only files they got into.
[37:22.840 --> 37:34.520]  So now, on your main page, you have to have index.html because any time a link takes you
[37:34.520 --> 37:40.560]  to a website, it's going to look for index.html and that will be your homepage.
[37:40.560 --> 37:46.280]  That has to be there but all the rest of the PHPs and the HTMLs, try to get them off the
[37:46.280 --> 37:47.280]  first folder.
[37:47.280 --> 37:51.800]  I just make a separate folder and drop them in it and then you'll have a lot less trouble
[37:51.800 --> 37:53.520]  people getting at you.
[37:53.520 --> 37:54.520]  Okay.
[37:54.520 --> 37:55.520]  Enough of that.
[37:55.520 --> 37:58.000]  I'll try to fix that.
[37:58.000 --> 37:59.000]  Thank you.
[37:59.000 --> 38:00.000]  All right.
[38:00.000 --> 38:03.000]  Can we switch gears for just a minute?
[38:03.000 --> 38:04.000]  Yes, absolutely.
[38:04.000 --> 38:05.000]  All right.
[38:05.000 --> 38:12.440]  I sent a letter to the Bank of America asking them to send us our original loan docs since
[38:12.440 --> 38:20.080]  we've paid off the loan that apparently we took with America wholesale lenders through
[38:20.080 --> 38:27.120]  country-walking years ago and they sent a letter back saying they couldn't do that because
[38:27.120 --> 38:34.640]  they had to keep the originals for a minimum of seven years and I sent them a letter back
[38:34.640 --> 38:37.640]  saying, well, that's understandable.
[38:37.640 --> 38:43.480]  If the law requires you to do that, you should do that but send me a copy of the note, Mark.
[38:43.480 --> 38:44.480]  Oh, wait.
[38:44.480 --> 38:45.480]  Hold on.
[38:45.480 --> 38:46.480]  Hold on.
[38:46.480 --> 38:47.480]  Fix that.
[38:47.480 --> 38:54.480]  You want them to show it to you under the Uniform Commercial Code.
[38:54.480 --> 39:02.760]  I don't remember the code offhand but you can request that they make the original available
[39:02.760 --> 39:04.760]  for inspection.
[39:04.760 --> 39:06.040]  Really?
[39:06.040 --> 39:14.280]  And this stuff about them holding it for seven years, horse manure.
[39:14.280 --> 39:15.280]  Yep.
[39:15.280 --> 39:17.880]  Well, I figured that.
[39:17.880 --> 39:18.880]  Yeah.
[39:18.880 --> 39:26.200]  Is there anything in your contract that says we can refuse to close out your loan for seven
[39:26.200 --> 39:27.360]  years?
[39:27.360 --> 39:39.120]  Did they file in the record a, what's the term, not a rescission of the Deed of Trust?
[39:39.120 --> 39:41.840]  Yeah, I think it's a rescission of the Deed of Trust.
[39:41.840 --> 39:43.400]  They have to rescind it.
[39:43.400 --> 39:46.120]  Did they file anything rescinding the Deed of Trust?
[39:46.120 --> 39:49.800]  No, they filed a release of the mortgage.
[39:49.800 --> 39:51.760]  Lease of mortgage, okay.
[39:51.760 --> 39:59.040]  That might be helpful but you still have an action against them.
[39:59.040 --> 40:04.960]  Well, and that's what I wanted to talk to you about.
[40:04.960 --> 40:11.080]  New Mexico statutes, and I found one that applies to this just like Texas, says that
[40:11.080 --> 40:17.800]  upon full payment of the loan, plankly marked every note and promised to pay signed with
[40:17.800 --> 40:22.960]  the word pay or canceled and promptly file or record a release of mortgage, which they
[40:22.960 --> 40:25.280]  did.
[40:25.280 --> 40:33.760]  What they haven't done is send us back our note with the words paid or canceled on it
[40:33.760 --> 40:41.520]  and the statute applies a small penalty for them if they don't file a release but it doesn't
[40:41.520 --> 40:46.760]  talk about any penalty should they not mark and return the note.
[40:46.760 --> 40:55.120]  Okay, I have another thing you might, okay, that's, you can, they don't, you don't need
[40:55.120 --> 40:56.640]  a penalty from them.
[40:56.640 --> 41:02.040]  You can claim your own penalty by suing them.
[41:02.040 --> 41:03.200]  Right.
[41:03.200 --> 41:08.280]  Do you have your HUD-1 settlement statement, truth and ending statement?
[41:08.280 --> 41:11.840]  Oh yes, we have a copy of everything.
[41:11.840 --> 41:15.600]  Oh yes, okay.
[41:15.600 --> 41:19.560]  American wholesale lenders with the original lender.
[41:19.560 --> 41:26.760]  Now, I was just doing some research on this the other day about the difference between
[41:26.760 --> 41:36.360]  holder and holder in due course and I was reading a legal treatise on whether or not
[41:36.360 --> 41:47.760]  a mortgage instrument can be negotiated to a holder in due course and this is what it
[41:47.760 --> 41:48.760]  explained.
[41:48.760 --> 41:57.720]  If I write you a check and the check is fraudulent but you don't know it is, you are a holder
[41:57.720 --> 42:04.240]  in due course, you have no responsibility for the fraudulent nature of the check because
[42:04.240 --> 42:07.920]  you are a holder in due course.
[42:07.920 --> 42:13.080]  You can take that instrument and transfer it to someone else and they are a holder in
[42:13.080 --> 42:26.280]  due course because the check is payment without recourse, it has no conditions but you can't
[42:26.280 --> 42:35.680]  transfer a note that way, a mortgage note because the mortgage note has conditions.
[42:35.680 --> 42:42.920]  So whoever receives it are subject to the conditions and since they can't be a holder
[42:42.920 --> 42:50.800]  in due course, they are a holder and the holder under the holder rule, I think it's 13 USC
[42:50.800 --> 43:00.240]  for, no, no, no, 12 USC 433 something, it's something USC 433, 10, 11 or 12, it's called
[43:00.240 --> 43:11.200]  the holder rule, that a holder is subject to any claim that the borrower would have
[43:11.200 --> 43:20.720]  against the lender, it's important distinction to understand because HUD-1 settlement statement,
[43:20.720 --> 43:25.880]  when you sat down at closing, did they provide you documentation to show that all of the
[43:25.880 --> 43:32.280]  fees charged on the HUD-1 settlement statement were for services actually rendered, that
[43:32.280 --> 43:41.600]  they were fees that were authorized to be charged, that they were necessary, that the
[43:41.600 --> 43:46.480]  amounts charged were reasonable and they didn't take an undisclosed markup on the amounts
[43:46.480 --> 43:47.480]  charged.
[43:47.480 --> 43:50.920]  I'll explain that when we come back, that's all from the Real Estate Settlement Procedures
[43:50.920 --> 43:51.920]  Act.
[43:51.920 --> 43:52.920]  Hang on, be right back.
[43:52.920 --> 43:56.920]  Okay.
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[44:43.120 --> 45:01.160]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.160 --> 45:04.360]  Are you the plaintiff or defendant in a lawsuit?
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[45:59.800 --> 46:29.720]  Okay, we are back, Randy Kelton, Rule of Law Radio, talking to Don in New Mexico and we're
[46:29.720 --> 46:40.120]  where we left off, okay, HUD 1 Settlement Statement, they put all these fees on the
[46:40.120 --> 46:48.200]  HUD 1 Settlement Statement, but they provide you documentation to show that they were valid.
[46:48.200 --> 46:55.480]  All of that list of things I did before the break, all of that comes right out of the
[46:55.480 --> 46:59.360]  Real Estate Settlement Procedures Act.
[46:59.360 --> 47:05.040]  So did they give you any invoices?
[47:05.040 --> 47:06.760]  That I don't think they did.
[47:06.760 --> 47:11.280]  Yeah, that question always gets a no answer.
[47:11.280 --> 47:18.240]  So as far as you're concerned, they're all fraudulent.
[47:18.240 --> 47:25.040]  Now I can assure you they're not all fraudulent, but I can also assure you that at least two
[47:25.040 --> 47:27.040]  of them are.
[47:27.040 --> 47:33.080]  Do you have a document preparation fee, administrative fee, warehousing fee?
[47:33.080 --> 47:39.320]  There's a whole stack of those that they put on there and they generally come up to four
[47:39.320 --> 47:44.320]  or five hundred bucks, that's felony fraud.
[47:44.320 --> 47:53.400]  Okay, so what you do is you do an amortization and I've got a spreadsheet I do this with.
[47:53.400 --> 47:59.760]  I do a calculation from your note to see what the note says you're supposed to pay.
[47:59.760 --> 48:03.560]  Was this an armed note or a fixed interest?
[48:03.560 --> 48:04.560]  Fixed interest.
[48:04.560 --> 48:13.960]  Okay, I'll run a calculation to show exactly what you're supposed to pay and then you want
[48:13.960 --> 48:21.240]  to take that calculation and compare it to some of your statements that say what they're
[48:21.240 --> 48:24.160]  asking you to pay.
[48:24.160 --> 48:29.320]  And a lot of times I find a point or two points of interest off.
[48:29.320 --> 48:34.400]  I just did one the other day and they were charging two percent interest extra for the
[48:34.400 --> 48:37.240]  whole term of the note.
[48:37.240 --> 48:45.960]  Okay, so I do find out what you agreed to pay when you signed the note and then next
[48:45.960 --> 48:48.720]  to it I do a second amortization.
[48:48.720 --> 49:00.920]  And in this one I take the same numbers except at the top I insert an overpayment on the
[49:00.920 --> 49:07.240]  first payment and that overpayment is the amount from line fourteen hundred on the head
[49:07.240 --> 49:10.760]  one settlement statement, the total.
[49:10.760 --> 49:16.140]  I total both what they charged you and what they charged the seller because in the end
[49:16.140 --> 49:18.880]  you pay them both.
[49:18.880 --> 49:24.840]  I combine those together, subtract it from the principal and then run the note out.
[49:24.840 --> 49:27.320]  Steve Skidmore was a fellow broadcaster.
[49:27.320 --> 49:29.320]  He's the first one I did that on.
[49:29.320 --> 49:33.720]  Hundred and sixteen thousand dollar note at six percent interest.
[49:33.720 --> 49:36.840]  Twelve thousand on the HUD one.
[49:36.840 --> 49:42.040]  I subtracted the twelve thousand from the first payment.
[49:42.040 --> 49:47.100]  His note went to zero at payment two forty.
[49:47.100 --> 49:53.760]  So from two forty to three sixty, ten years, he was paying for a note that was already
[49:53.760 --> 50:00.840]  paid off, came up to an overpayment of fifty thousand dollars and forty three, fifty thousand
[50:00.840 --> 50:03.520]  forty three dollars in change.
[50:03.520 --> 50:12.240]  So you sue them for fraud, but when you sue for fraud, you don't sue for the amount they
[50:12.240 --> 50:15.600]  actually defrauded you of.
[50:15.600 --> 50:22.840]  You sue for the amount they would have defrauded you of had their plan ran through fruition.
[50:22.840 --> 50:26.240]  But you don't sue for that amount either.
[50:26.240 --> 50:30.080]  You sue for treble or triple.
[50:30.080 --> 50:36.400]  So on this calculation, we get a claim against the lender of one hundred and fifty thousand
[50:36.400 --> 50:40.720]  twelve dollars in change.
[50:40.720 --> 50:48.720]  In excess of the amount of the original principal, we claim tender by set off.
[50:48.720 --> 50:58.120]  Okay, you take those numbers, take all of the fees they charged you and put it in a
[50:58.120 --> 51:05.400]  qualified written request and say, hey, guys, qualified written request is a claim of an
[51:05.400 --> 51:08.240]  accounting error and a request that they fix it.
[51:08.240 --> 51:13.520]  So you put in there, you guys charged me all these fees, but you didn't provide any documentation
[51:13.520 --> 51:15.640]  to support the fees.
[51:15.640 --> 51:19.200]  Please provide the documentation to show that the fees are valid.
[51:19.200 --> 51:24.440]  If not, deduct the fees, deduct the extra charges that you've charged me over the years
[51:24.440 --> 51:26.240]  and you've made me the difference.
[51:26.240 --> 51:34.800]  If you fail to adequately explain these fees or validate the debt, there's also a debt
[51:34.800 --> 51:36.480]  validation letter in there.
[51:36.480 --> 51:39.160]  I put them all together in one.
[51:39.160 --> 51:45.720]  Then you go, then what you do is you go on the Internet and get one of these QWRs.
[51:45.720 --> 51:47.240]  You find them all over the Internet.
[51:47.240 --> 51:53.600]  Most of those people don't know that a qualified written request is a claim of an accounting
[51:53.600 --> 51:54.600]  error.
[51:54.600 --> 51:56.800]  You can just do discovery.
[51:56.800 --> 51:59.360]  They ask for everything under the sun.
[51:59.360 --> 52:07.240]  So you get all that trash and you put it in your QWR and then right at the bottom, you
[52:07.240 --> 52:13.120]  put in this paragraph that says, if you fail to adequately respond to this document within
[52:13.120 --> 52:17.720]  the statutory time limit, consider this as a notice of rescission.
[52:17.720 --> 52:21.480]  Okay, this is what happens.
[52:21.480 --> 52:25.280]  The lawyer reads the qualified written request part.
[52:25.280 --> 52:30.840]  It starts out with debt validation, you request that he validate the debt and then you claim
[52:30.840 --> 52:35.880]  the accounting error and then you go into all of this discovery and the lawyers are
[52:35.880 --> 52:40.720]  going to say, trash, garbage, I don't have to respond to this, this is nonsense, blah,
[52:40.720 --> 52:42.000]  blah, blah, blah.
[52:42.000 --> 52:46.160]  He never reads the last paragraph.
[52:46.160 --> 52:56.120]  A Jasinowski v. Wells Fargo.
[52:56.120 --> 53:07.640]  The court said that when a notice of rescission is filed, rescission is accomplished.
[53:07.640 --> 53:15.600]  Even the rescinder cannot withdraw it, it's a done deal.
[53:15.600 --> 53:23.480]  So after 50 days, you do a trespass to try title suit or a quiet title action claiming
[53:23.480 --> 53:29.320]  that the deed of trust is void by way of rescission.
[53:29.320 --> 53:33.400]  They got 20 days under the rule to respond.
[53:33.400 --> 53:41.080]  Now, okay, let me back up and put in one caveat and you can't do that, don't go in, I forgot,
[53:41.080 --> 53:43.400]  you have to do this in foreclosure.
[53:43.400 --> 53:50.720]  Okay, so I forgot where I was going actually, if you get a notice of intent to foreclose,
[53:50.720 --> 53:53.400]  that reinvigorates the right to rescind.
[53:53.400 --> 53:59.040]  But back up to the HUD-1 settlement statement, you make this claim against them.
[53:59.040 --> 54:05.640]  Now you have a claim against American wholesale vendors.
[54:05.640 --> 54:14.760]  So since whoever you paid the loan off to is a holder and not a holder in due course
[54:14.760 --> 54:20.520]  because they were collecting these fraudulent amounts.
[54:20.520 --> 54:31.880]  They stand in American wholesale lenders shoes, but American wholesale lenders shoes are empty.
[54:31.880 --> 54:34.800]  They were never a real company.
[54:34.800 --> 54:35.800]  Right.
[54:35.800 --> 54:41.120]  Check to see if they were filed with the secretary of state and authorized to do business in
[54:41.120 --> 54:47.360]  New Mexico if they weren't, they did this in Florida, Florida told them, you got to
[54:47.360 --> 54:54.240]  give him back every dime and he keeps the property.
[54:54.240 --> 54:58.720]  So I'm going to go this route even though I paid off the loan.
[54:58.720 --> 54:59.720]  Absolutely.
[54:59.720 --> 55:02.920]  How much extra did you pay on that loan?
[55:02.920 --> 55:03.920]  I don't know yet.
[55:03.920 --> 55:04.920]  That's right.
[55:04.920 --> 55:12.360]  Send me the note, send me the HUD-1, I'll tell you how much, to the penny, send me a
[55:12.360 --> 55:19.280]  truth and lending statement if you have it, because I may be able to add with that one.
[55:19.280 --> 55:23.000]  HUD-1, truth and lending.
[55:23.000 --> 55:24.000]  And the note.
[55:24.000 --> 55:32.760]  Send it to Randy at ruvalradio.com.
[55:32.760 --> 55:39.840]  Okay, that answers my question about who I should sue and what I should sue them for.
[55:39.840 --> 55:47.760]  So going after the copy or the original note Mark paid is the wrong suit.
[55:47.760 --> 55:48.760]  I don't want to go that route.
[55:48.760 --> 55:51.680]  Yeah, that don't, there's no claim on that.
[55:51.680 --> 55:53.400]  They're going to say, how were you harmed?
[55:53.400 --> 55:57.520]  And there is a way to do that.
[55:57.520 --> 56:03.480]  You can try to sell it and the records just show a mortgage on it and they're going to
[56:03.480 --> 56:12.160]  say, oh, no, no, it's hard to make a claim of harm because they're going to say, how
[56:12.160 --> 56:13.160]  were you harmed?
[56:13.160 --> 56:20.360]  And you're going to say, well, I don't have my note, I was going to have a note party.
[56:20.360 --> 56:22.000]  The HUD-1 is a whole lot more fun.
[56:22.000 --> 56:23.800]  That's what I wanted to talk to you about.
[56:23.800 --> 56:24.800]  What was I suing for?
[56:24.800 --> 56:25.800]  That's right.
[56:25.800 --> 56:31.480]  Yeah, HUD-1 would be a great one, send me those documents and I'll give you some numbers
[56:31.480 --> 56:32.480]  you'll like.
[56:32.480 --> 56:33.480]  Okay.
[56:33.480 --> 56:34.480]  Okay.
[56:34.480 --> 56:35.480]  Thank you, Don.
[56:35.480 --> 56:36.480]  Okay.
[56:36.480 --> 56:40.920]  Now we're going to go to Scott in Tejas.
[56:40.920 --> 56:42.920]  Hello, Mr. Scott.
[56:42.920 --> 56:44.920]  Howdy, howdy.
[56:44.920 --> 56:46.760]  Howdy, howdy.
[56:46.760 --> 56:55.720]  I hear you've been filing nasty threat, disparaging letters against judges.
[56:55.720 --> 57:04.480]  Oh yeah, nice little story that I get into.
[57:04.480 --> 57:13.760]  So over in Mesquite, I had a bench trial by a judge and he went ahead and found me guilty
[57:13.760 --> 57:16.160]  because that's their duty.
[57:16.160 --> 57:24.840]  And so I appealed naturally and got a letter back just the other day that he denied my
[57:24.840 --> 57:29.400]  appeal outright and never signed any case law or anything.
[57:29.400 --> 57:30.400]  And that's that.
[57:30.400 --> 57:37.400]  Well, hold on, hold on, who denied your case, your appeal outright?
[57:37.400 --> 57:39.440]  The judge.
[57:39.440 --> 57:40.440]  Which judge?
[57:40.440 --> 57:42.440]  The one who held the hearing?
[57:42.440 --> 57:43.440]  Correct.
[57:43.440 --> 57:46.000]  And he denied your appeal.
[57:46.000 --> 57:47.000]  That's interesting.
[57:47.000 --> 57:48.000]  Uh-huh.
[57:48.000 --> 57:55.200]  Once a notice of appeal is given to this judge, the judge loses plenary jurisdiction.
[57:55.200 --> 57:57.680]  Well, that's okay.
[57:57.680 --> 57:59.680]  Yeah, go ahead.
[57:59.680 --> 58:00.680]  Okay, good.
[58:00.680 --> 58:01.680]  Okay.
[58:01.680 --> 58:02.680]  Hang on.
[58:02.680 --> 58:04.680]  We'll pick this up when we come back.
[58:04.680 --> 58:08.640]  Olivier, I see you there and we'll get to you.
[58:08.640 --> 58:11.840]  This is Randy Kelton, Rue La Radio.
[58:11.840 --> 58:14.440]  And actually I got about 30 seconds.
[58:14.440 --> 58:20.240]  So this is the top of the hour and the music comes on a little early, so I've been doing
[58:20.240 --> 58:21.240]  good this week.
[58:21.240 --> 58:25.920]  I haven't run off the cliff once yet, so I'm doing a lot better.
[58:25.920 --> 58:28.800]  But anyway, Scott's been doing real good.
[58:28.800 --> 58:30.800]  He's been working these guys over.
[58:30.800 --> 58:32.640]  So we'll pick this up when we come back.
[58:32.640 --> 58:37.240]  Our call in number is 512-646-1984.
[58:37.240 --> 58:50.280]  We'll be right back.
[58:50.280 --> 58:54.440]  Would you like to make more definite progress in your walk with God?
[58:54.440 --> 58:59.600]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.600 --> 59:00.920]  can really help.
[59:00.920 --> 59:05.400]  The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.400 --> 59:06.400]  today.
[59:06.400 --> 59:10.320]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.320 --> 59:13.440]  to know God and to know the meaning of life.
[59:13.440 --> 59:18.680]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.680 --> 59:22.960]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.960 --> 59:27.880]  of salvation, growing in Christ, and how to build up the church.
[59:27.880 --> 59:32.900]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.900 --> 59:40.640]  Life, call Bibles for America toll free at 888-551-0102.
[59:40.640 --> 59:52.320]  That's 888-551-0102 or visit us online at bfa.org.
[59:52.320 --> 01:00:00.760]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.760 --> 01:00:05.600]  You're following These Flashes brought to you by the Lone Star Lowdown, providing your
[01:00:05.600 --> 01:00:12.880]  deli bulletins for the commodities market, Today in History, News Updates, and the inside
[01:00:12.880 --> 01:00:21.440]  scoop into the tides of the alternative.
[01:00:21.440 --> 01:00:25.080]  Markets for Wednesday, the 5th of October, 2016, are currently treading with gold at
[01:00:25.080 --> 01:00:33.720]  $1,266.60 an ounce, silver at $17.72 an ounce, Texas crude at $48.69 a barrel, and bitcoin
[01:00:33.720 --> 01:00:43.360]  is currently sitting at about $613 U.S. currency.
[01:00:43.360 --> 01:00:48.400]  Today in history, the year 1947, the first televised White House presidential address
[01:00:48.400 --> 01:00:56.440]  is given by then U.S. President Harry S. Truman, Today in History.
[01:00:56.440 --> 01:01:00.680]  In recent news, the Paris Climate Agreement is set to take effect next month, adopted
[01:01:00.680 --> 01:01:07.480]  by consensus on December 12, 2015, at the 21st Conference of the Parties of the UNFCCC
[01:01:07.480 --> 01:01:12.020]  or United Nations Framework Convention on Climate Change in Paris, and open for signatures
[01:01:12.020 --> 01:01:16.760]  on the 22nd of April, 2016, Earth Day, and a ceremony in New York City.
[01:01:16.760 --> 01:01:19.000]  It is set to take effect on November 4.
[01:01:19.000 --> 01:01:23.080]  It is essentially a global agreement for the redirecting of the world economy away from
[01:01:23.080 --> 01:01:26.760]  fossil fuels towards more greenhouse-friendly forms of energy.
[01:01:26.760 --> 01:01:31.120]  President Obama, speaking from the Rose Garden, talking about the agreement, said that, quote,
[01:01:31.120 --> 01:01:35.840]  this gives us the best possible shot to save the one planet we've got, and that one of
[01:01:35.840 --> 01:01:39.960]  the reasons I took this office was to make America the leader in this mission.
[01:01:39.960 --> 01:01:44.480]  The agreement already has support from major greenhouse gas emitters like China, the United
[01:01:44.480 --> 01:01:49.680]  States and India, and in total 72 out of 195 countries have ratified the agreement, according
[01:01:49.680 --> 01:01:50.680]  to the UN.
[01:01:50.680 --> 01:01:54.640]  Republican presidential candidate Donald Trump opposes the agreement since it lacks the approval
[01:01:54.640 --> 01:02:04.360]  of the U.S. Congress, while Democratic nominee Hillary Clinton is a strong supporter.
[01:02:04.360 --> 01:02:08.200]  More than 50 correctional officers and inmates inside Maryland's largest state prison were
[01:02:08.200 --> 01:02:12.120]  charged by prosecutors Wednesday, today, with bribery and drug conspiracy.
[01:02:12.120 --> 01:02:16.120]  Prison guards are accused of smuggling cell phones, tobacco and drugs into the Eastern
[01:02:16.120 --> 01:02:20.960]  Shore facility in exchange for money and sex, according to indictments unsealed in a federal
[01:02:20.960 --> 01:02:21.960]  investigation.
[01:02:21.960 --> 01:02:25.880]  Apparently, prison guards were passing through security with undetected heroin, cocaine and
[01:02:25.880 --> 01:02:29.880]  pornographic videos, which were then handed off to inmates in exchange for hundreds of
[01:02:29.880 --> 01:02:30.880]  dollars.
[01:02:30.880 --> 01:02:34.520]  They were also being accused of warning inmates when prison officials were preparing to search
[01:02:34.520 --> 01:02:39.800]  cells and of using force and intimidation to silence inmates who were reporting the smuggling.
[01:02:39.800 --> 01:02:43.320]  According to court records, inmates were using the prison phones and their contraband cell
[01:02:43.320 --> 01:02:46.280]  phones to pay off correctional officers through PayPal.
[01:02:46.280 --> 01:02:51.160]  They were hustling $500 for each package on average and as much as $3,000 a week, according
[01:02:51.160 --> 01:02:52.160]  to investigators.
[01:02:52.160 --> 01:03:01.160]  This is Brooke Rode with your Lowdown for October 5, 2016.
[01:03:01.160 --> 01:03:20.160]  Okay, we are back, Randy Kelton, Wheel of Law Radio.
[01:03:20.160 --> 01:03:30.040]  And before we go back to Scott, it seems I made two mistakes today.
[01:03:30.040 --> 01:03:37.880]  For some reason, I was under the impression that avoiding process was a felony.
[01:03:37.880 --> 01:03:41.480]  And I distinctly remember reading it, but I just looked it back up.
[01:03:41.480 --> 01:03:50.680]  It's Texas Penal Code 38.16, preventing execution of civil process.
[01:03:50.680 --> 01:03:54.640]  This says, it's a Class C misdemeanor, but let me read this.
[01:03:54.640 --> 01:04:01.840]  A person commits an offense if he intentionally or knowingly, by words or physical action,
[01:04:01.840 --> 01:04:08.280]  prevents the execution of any process in a civil case, a civil cause.
[01:04:08.280 --> 01:04:15.800]  B, it is an exception to the application of this section that the actor evaded service
[01:04:15.800 --> 01:04:21.400]  of process by avoiding detection.
[01:04:21.400 --> 01:04:25.480]  An offense under this section is a Class C misdemeanor, I don't know why I had it in
[01:04:25.480 --> 01:04:28.600]  my mind it was a felony.
[01:04:28.600 --> 01:04:33.920]  I apologize to everybody for that, I made a boo boo.
[01:04:33.920 --> 01:04:42.360]  Back up to Rodney in Texas, this looks like his claim will be against the person who signed
[01:04:42.360 --> 01:04:49.960]  the process for the lawyer at the lawyer's office and then didn't give it to the lawyer.
[01:04:49.960 --> 01:04:58.240]  Anyway, my mistake, I made one once and you all got to be here to see it.
[01:04:58.240 --> 01:05:05.240]  Okay, okay, two, two, okay, I'm sorry, Don, Scott, let's get back to you.
[01:05:05.240 --> 01:05:15.800]  Oh, okay, so back to this Mesquite Bench Trial thing, the only thing when originally when
[01:05:15.800 --> 01:05:27.160]  I got pulled over, all I did was hand him a right to travel document and they came up
[01:05:27.160 --> 01:05:33.480]  and told me to sign the ticket or else they'll take me to jail and I was like, okay, yeah,
[01:05:33.480 --> 01:05:38.400]  I'll sign your ticket because I ain't got time to go to your jail and I wrote under
[01:05:38.400 --> 01:05:48.280]  duress on the ticket or even during the trial that they have because when it started, the
[01:05:48.280 --> 01:05:51.320]  only thing that I submitted was a counterclaim.
[01:05:51.320 --> 01:05:55.640]  So I was going to try to do the same thing, well, I wasn't trying to do the same, I was
[01:05:55.640 --> 01:06:00.600]  doing the same thing that I was doing out in East Tewokanee where I basically haven't
[01:06:00.600 --> 01:06:03.520]  heard nothing from these people.
[01:06:03.520 --> 01:06:13.240]  But here in Dallas County and surrounding areas, real close, they're so tight on making
[01:06:13.240 --> 01:06:18.280]  sure that they take you to court and railroad you because they want your money so bad, they're
[01:06:18.280 --> 01:06:22.240]  just not going to let up the amount of money, whatever.
[01:06:22.240 --> 01:06:30.040]  So anyhow, that was the only thing that I submitted and then when we got to the trial,
[01:06:30.040 --> 01:06:36.800]  I told them, I do not consent to these proceedings and blah, blah, blah, blah, well, the judge
[01:06:36.800 --> 01:06:40.280]  says you're going to go ahead and basically consent and we're just going to have this
[01:06:40.280 --> 01:06:50.040]  trial with or without you and so anyhow, I brought up that it was under duress when they
[01:06:50.040 --> 01:06:56.400]  got going because the cop admitted it on the stand because the stupid city or the public
[01:06:56.400 --> 01:07:02.640]  attorney was asking the cops about the ticket, and he goes, oh yeah, we wrote under duress
[01:07:02.640 --> 01:07:09.880]  on there and I'm like, hello, this should be pretty well thrown out, but anyhow, it's
[01:07:09.880 --> 01:07:20.880]  not going to be and so he found me guilty and so I appealed, he refused, he denied my
[01:07:20.880 --> 01:07:26.680]  appeals, so today I went in and stuck in the subject matter of jurisdiction because we've
[01:07:26.680 --> 01:07:30.960]  been putting these subject matter of jurisdictions in here in the beginning and all the time
[01:07:30.960 --> 01:07:35.840]  and they just flat out overrule them and throw them away and then they're kind of stuck because
[01:07:35.840 --> 01:07:41.760]  you already used that card up, so I figured I would just wait and challenge it because
[01:07:41.760 --> 01:07:44.680]  you're supposed to be able to challenge it at any time.
[01:07:44.680 --> 01:07:54.200]  So this kind of puts the judge in a tight spot because he's already denied my appeal
[01:07:54.200 --> 01:07:59.320]  and now I'm going back and challenge the subject matter of jurisdiction and let's just see
[01:07:59.320 --> 01:08:04.200]  if he stomps all over that because I just turned in a judicial conduct complaint on
[01:08:04.200 --> 01:08:13.200]  him today, mailed that booger off today and for him forcing me to get up in court and
[01:08:13.200 --> 01:08:20.160]  sign a criminal complaint stating that I was not calling him a quisling because he was
[01:08:20.160 --> 01:08:27.600]  trying to get me, I filed a criminal complaint, that was another thing that I filed too, I
[01:08:27.600 --> 01:08:34.760]  kind of slipped it in on the backside of some of my paperwork and oh yeah, I filed a criminal
[01:08:34.760 --> 01:08:42.840]  complaint because I filed a FOIA request asking for their authority to enforce traffic laws.
[01:08:42.840 --> 01:08:49.480]  Well they never answered it, they refused to answer it and so I was filing a criminal
[01:08:49.480 --> 01:08:54.520]  complaint against the mayor for allowing his quislings never to answer the FOIA request.
[01:08:54.520 --> 01:08:59.200]  Well the judge got me up there when he started reading because I totally must have a little
[01:08:59.200 --> 01:09:05.200]  eye of business with this court, you know, that I filed a criminal complaint.
[01:09:05.200 --> 01:09:11.360]  In fact I was trying to get him to take another criminal complaint and he refused to accept
[01:09:11.360 --> 01:09:16.200]  any documentation that I was wanting to present at the time of the trial because all he was
[01:09:16.200 --> 01:09:21.320]  doing was going to present a couple of criminal complaints and really jar them pretty good.
[01:09:21.320 --> 01:09:28.280]  But so he wouldn't take none of those and then when I told him I already had one filed,
[01:09:28.280 --> 01:09:32.880]  they finally figured it out, looked at the back of the paperwork and pulled it out.
[01:09:32.880 --> 01:09:39.440]  Now this guy is reading this criminal complaint and I'm calling him a low down dirty rotten
[01:09:39.440 --> 01:09:45.320]  general criminal connivance blah blah blah and all those quislings, well he came unglued
[01:09:45.320 --> 01:09:50.040]  when he hit the word quisling and he said are you calling me a quisling?
[01:09:50.040 --> 01:09:52.760]  No, are you calling this court a quisling?
[01:09:52.760 --> 01:09:57.240]  No because if you are then I'm going to take that as direct civil contempt.
[01:09:57.240 --> 01:10:01.920]  I said no I'm not calling this court a quisling, I'm calling the chief of police a quisling
[01:10:01.920 --> 01:10:07.640]  because he's the one who allowed his people never to answer my FOIA request.
[01:10:07.640 --> 01:10:15.240]  So that's the judicial conduct complaint I just sent out on him for official oppression
[01:10:15.240 --> 01:10:19.840]  and fortunately he had a friend of mine that was with me and he's going to file the same
[01:10:19.840 --> 01:10:26.200]  official oppression against the judge for forcing me to alter a government document
[01:10:26.200 --> 01:10:28.200]  as a third party witness.
[01:10:28.200 --> 01:10:33.880]  So we're going to tag Teeming for official oppression in court and then I put in the
[01:10:33.880 --> 01:10:39.200]  subject matter of jurisdiction today, I went and hand delivered that today because each
[01:10:39.200 --> 01:10:40.200]  of you.
[01:10:40.200 --> 01:10:49.680]  Wait a minute, hold on, the judge challenged you based on the wording of your criminal
[01:10:49.680 --> 01:10:50.680]  affidavit?
[01:10:50.680 --> 01:10:54.680]  Yeah and got me to alter it.
[01:10:54.680 --> 01:10:56.880]  And he was the accused?
[01:10:56.880 --> 01:11:04.200]  He wasn't the accused directly, the mayor was directly accused in the criminal complaint
[01:11:04.200 --> 01:11:05.840]  but he took it that I was calling it.
[01:11:05.840 --> 01:11:11.080]  When I said the word quisling in the criminal complaint he was saying oh you're calling
[01:11:11.080 --> 01:11:16.160]  me a quisling now.
[01:11:16.160 --> 01:11:34.760]  Okay this sounds like 3606 obstruction, retaliation, 3606 is a felony, I think it's a state jail
[01:11:34.760 --> 01:11:39.320]  felony but I was wrong today so you might check to make sure but I think it's a state
[01:11:39.320 --> 01:11:41.440]  jail felony.
[01:11:41.440 --> 01:11:47.240]  I think so because official oppression is just a misdemeanor.
[01:11:47.240 --> 01:11:49.720]  Yes, class A misdemeanor.
[01:11:49.720 --> 01:11:55.600]  Right, so I think obstruction is a felony but there's also tampering with a government
[01:11:55.600 --> 01:12:00.400]  record because he forced me to tamper with a government record to alter a government
[01:12:00.400 --> 01:12:04.240]  record, it was basically freedom of speech.
[01:12:04.240 --> 01:12:08.200]  That's 3605 witness tampering.
[01:12:08.200 --> 01:12:13.280]  I'm just saying that's another charge.
[01:12:13.280 --> 01:12:18.480]  And 3710 is tampering with a government document.
[01:12:18.480 --> 01:12:26.840]  So basically I just filed my first judicial conduct on him today so in a few days I'm
[01:12:26.840 --> 01:12:33.800]  going to file another one on him for obstruction and then a few days later I'm going to file
[01:12:33.800 --> 01:12:41.360]  another on tampering with a government record and then a buddy of mine who is a third party
[01:12:41.360 --> 01:12:46.520]  witness to the whole thing, he's going to be filing the same charges and what he saw
[01:12:46.520 --> 01:12:54.320]  as far as the same crime that happened in the open court.
[01:12:54.320 --> 01:13:05.720]  When you file the judicial conduct complaints, you understand that two members of the state
[01:13:05.720 --> 01:13:08.680]  commission are judges.
[01:13:08.680 --> 01:13:10.720]  Exactly.
[01:13:10.720 --> 01:13:16.120]  So judges wear two hats.
[01:13:16.120 --> 01:13:21.840]  They wear their judges hat and what other hat do they wear?
[01:13:21.840 --> 01:13:34.360]  The magistrate's hat, that's right, I couldn't get it out quick enough.
[01:13:34.360 --> 01:13:39.440]  Give them notice by verified criminal affidavit that a crime has been committed and when they
[01:13:39.440 --> 01:13:42.400]  don't act on it, you sting them.
[01:13:42.400 --> 01:13:50.440]  Well see that's the beauty, well that's the interesting thing is because I basically just
[01:13:50.440 --> 01:13:55.480]  when I filed the judicial conduct and it has where they want you to make your complaint,
[01:13:55.480 --> 01:14:02.600]  I just say see a tax document and on the backside I just give them the same criminal complaint.
[01:14:02.600 --> 01:14:07.600]  Well actually I make up the criminal complaint and just slap it right on the backside that
[01:14:07.600 --> 01:14:14.200]  I would use to charge or to submit to anybody else to make the same charge.
[01:14:14.200 --> 01:14:23.160]  So now they're staring at the criminal complaint and one of the last things I worded it as
[01:14:23.160 --> 01:14:36.480]  this really smacks in the face of justice because these people are, this guy is, anyway
[01:14:36.480 --> 01:14:39.200]  I don't know where I was going with that, that was horrible.
[01:14:39.200 --> 01:14:45.880]  Anyhow the judges are now having to look at that and this is a criminal complaint and
[01:14:45.880 --> 01:14:51.120]  as a magistrate they have a duty to the actor, they can be held liable too.
[01:14:51.120 --> 01:14:52.120]  Exactly.
[01:14:52.120 --> 01:14:56.880]  Had you filed a challenge subject matter jurisdiction in this case?
[01:14:56.880 --> 01:15:04.200]  I didn't file originally because every time I'm doing it, so what I did is after this
[01:15:04.200 --> 01:15:09.920]  judge denied my appeal, I just stuck in the subject matter jurisdiction today.
[01:15:09.920 --> 01:15:19.320]  Okay, let me read you rule 120, a special appearance notwithstanding provisions rule
[01:15:19.320 --> 01:15:25.520]  121, 132, 23, a special appearance may be made by any party either in person or by attorney
[01:15:25.520 --> 01:15:29.920]  for the purpose of objecting to jurisdiction of the court of the person or property of
[01:15:29.920 --> 01:15:36.600]  the defendant on the ground that such party or property is not amenable to process issued
[01:15:36.600 --> 01:15:38.440]  by the courts of this state.
[01:15:38.440 --> 01:15:44.560]  Special appearance may be made as to an entire proceeding or as to any severable claim involved
[01:15:44.560 --> 01:15:45.560]  therein.
[01:15:45.560 --> 01:15:48.400]  I mean, instead of reading all of that, let me go on down.
[01:15:48.400 --> 01:15:54.680]  Any motion to challenge jurisdiction provided for herein shall be heard and determined before
[01:15:54.680 --> 01:16:00.280]  a motion to transfer venue or any other plea or pleading may be heard.
[01:16:00.280 --> 01:16:07.440]  No determination of any issue of fact in connection with the objection to jurisdiction is a determination
[01:16:07.440 --> 01:16:11.520]  of the merits of the case or any aspect thereof.
[01:16:11.520 --> 01:16:17.360]  The court shall determine the special appearance on the basis of the pleadings, any stipulations
[01:16:17.360 --> 01:16:23.800]  made by and between the parties, such affidavits and attachments as may be filed by the parties.
[01:16:23.800 --> 01:16:24.800]  That's a big paragraph.
[01:16:24.800 --> 01:16:25.800]  I won't go through all of this.
[01:16:25.800 --> 01:16:33.800]  This is the one I wanted to get to, 120A paragraph four.
[01:16:33.800 --> 01:16:41.760]  If the court sustains the objection to jurisdiction, an appropriate order shall be entered.
[01:16:41.760 --> 01:16:47.680]  If the objection to jurisdiction is overruled, I think we're about to go to break here.
[01:16:47.680 --> 01:16:51.440]  Yes, if the objections overruled, we're going to break.
[01:16:51.440 --> 01:16:54.040]  Hang on, be right back.
[01:16:54.040 --> 01:17:00.240]  Oh well, we'll be right back.
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[01:18:59.160 --> 01:19:07.320]  This is the Logos, the Logos Radio Net.
[01:19:07.320 --> 01:19:34.480]  Okay, we are back, Randy Kelton, Rule of the Radio, and I was reading 120A, paragraph four.
[01:19:34.480 --> 01:19:40.440]  If the court sustains the objection to jurisdiction, an appropriate order shall be entered.
[01:19:40.440 --> 01:19:44.880]  If the objection to jurisdiction is overruled, the objecting party may thereafter appear
[01:19:44.880 --> 01:19:46.600]  generally for any purpose.
[01:19:46.600 --> 01:19:51.120]  Any such special appearance or such a general appearance shall not be deemed a waiver of
[01:19:51.120 --> 01:19:57.400]  the objection to jurisdiction when the objecting party or subject matter is not amenable to
[01:19:57.400 --> 01:20:03.320]  process issued by the courts of this state.
[01:20:03.320 --> 01:20:08.840]  Where we have final challenges to subject matter jurisdiction, the judge just overruled
[01:20:08.840 --> 01:20:14.000]  them out of hand without objection, because most of these aren't answered, there is no
[01:20:14.000 --> 01:20:21.200]  objection raised by the other side, and never have I had one in or out of order.
[01:20:21.200 --> 01:20:28.040]  So that's just for your edification, Mr. Scott, but we do need to kind of speed you up, because
[01:20:28.040 --> 01:20:33.680]  we've got Olivier and Doug, and I've used up too much of our time.
[01:20:33.680 --> 01:20:37.640]  Yeah, you wasted on one fellow for sure, but anyhow.
[01:20:37.640 --> 01:20:43.840]  So what I'm getting at is since I had the bench trial, the judge found me guilty, denied
[01:20:43.840 --> 01:20:49.400]  my appeal, then I stuck in the subject matter jurisdiction, because we've been putting it
[01:20:49.400 --> 01:20:56.360]  in all the time, they've always dismissed it, so that's why I put it in now to try something
[01:20:56.360 --> 01:21:01.040]  different, because now he's going to have to make a ruling, or we'll see if he doesn't,
[01:21:01.040 --> 01:21:05.680]  but it doesn't matter because I'm filing judicial conducts on the guy all over the place of
[01:21:05.680 --> 01:21:12.840]  bar grieving him at the same time with the same complaint, so giving them a double-barreled
[01:21:12.840 --> 01:21:14.320]  whammy on it.
[01:21:14.320 --> 01:21:21.800]  Did you read the document that I sent you about one new trial, about resetting on one
[01:21:21.800 --> 01:21:22.800]  new trial?
[01:21:22.800 --> 01:21:26.720]  No, I did not read it today.
[01:21:26.720 --> 01:21:28.720]  Well, bummer.
[01:21:28.720 --> 01:21:34.120]  I got in just before the show started, I didn't have time to get to it.
[01:21:34.120 --> 01:21:42.600]  Okay, well that was what I was wanting you to check out, and because I found some case,
[01:21:42.600 --> 01:21:50.440]  some, it's actual statutes, it was really hard to find, but anyway, so I wrote up a
[01:21:50.440 --> 01:21:57.840]  document for one new trial, basically signed federal rule and state rule, you have a do-over
[01:21:57.840 --> 01:22:02.960]  trial, and I haven't submitted that yet, I probably shouldn't have submitted it.
[01:22:02.960 --> 01:22:11.200]  A do-over trial in a Class C misdemeanor, that's in a court, that's not a court of record,
[01:22:11.200 --> 01:22:16.720]  you have essentially a trial, Ganova, a do-over.
[01:22:16.720 --> 01:22:18.360]  So court of record you can't?
[01:22:18.360 --> 01:22:22.280]  No, you have to appeal based on error.
[01:22:22.280 --> 01:22:27.000]  Oh, well bummer, okay.
[01:22:27.000 --> 01:22:31.520]  Well, it's not hard, they got plenty of errors.
[01:22:31.520 --> 01:22:40.520]  Oh, they're full of them, so but anyhow, that was the deal, is to put that in, challenge
[01:22:40.520 --> 01:22:46.000]  their subject matter jurisdiction after the fact they found me guilty and denied my appeal,
[01:22:46.000 --> 01:22:48.520]  so it's going to be interesting to see how it works out.
[01:22:48.520 --> 01:22:51.720]  Yes, it will be interesting to see how they handle that.
[01:22:51.720 --> 01:22:56.160]  Yeah, because it's a whole different process.
[01:22:56.160 --> 01:23:04.120]  Anyhow, well, and if Olivier would send me an email at snafuradio at Gmail, I'd like
[01:23:04.120 --> 01:23:10.120]  to send him a couple of things too, so anyhow, I guess other than that, that's pretty much
[01:23:10.120 --> 01:23:12.120]  all I got, so.
[01:23:12.120 --> 01:23:14.560]  Okay, thank you, Scott.
[01:23:14.560 --> 01:23:18.160]  Okay, now we're going to go to Olivier.
[01:23:18.160 --> 01:23:20.680]  Hello, Mr. Olivier.
[01:23:20.680 --> 01:23:24.840]  How you doing?
[01:23:24.840 --> 01:23:26.640]  What do you have for us today?
[01:23:26.640 --> 01:23:40.680]  I think I'm trying to get this phone fixed, well, recently, I had got locked up, I got
[01:23:40.680 --> 01:23:47.240]  there, I went to trial, but I got there a couple of minutes, 10 minutes late, there
[01:23:47.240 --> 01:23:48.240]  we go.
[01:23:48.240 --> 01:23:49.240]  What?
[01:23:49.240 --> 01:23:55.800]  Yeah, I went to trial, and I got there about 10, 15 minutes late, so they put out a KPS
[01:23:55.800 --> 01:23:56.800]  arrest.
[01:23:56.800 --> 01:24:03.040]  Now, the funny thing is that the bailiffs walked into the public defender's office to
[01:24:03.040 --> 01:24:04.040]  arrest me.
[01:24:04.040 --> 01:24:05.040]  Hello?
[01:24:05.040 --> 01:24:06.040]  I'm here, go ahead.
[01:24:06.040 --> 01:24:07.040]  All right.
[01:24:07.040 --> 01:24:17.600]  So, you got arrested, since I got time, the way I wanted to know about that whole situation
[01:24:17.600 --> 01:24:25.200]  was when I beat this case, not if I beat this case, when I beat this case, do I get to... the
[01:24:25.200 --> 01:24:35.880]  time that I spent in jail while I was on the KPS, do I get to sue for that as...
[01:24:35.880 --> 01:24:39.920]  I'm not sure about that.
[01:24:39.920 --> 01:24:49.680]  If the court had the appearance of jurisdiction and jurisdiction hadn't been challenged, then
[01:24:49.680 --> 01:24:54.560]  the court had authority to order you to be in court.
[01:24:54.560 --> 01:24:55.560]  Okay.
[01:24:55.560 --> 01:24:56.560]  So...
[01:24:56.560 --> 01:25:05.440]  Once I get this, once the charges are dismissed, doesn't that conclude that the officer who
[01:25:05.440 --> 01:25:15.560]  violated this, violated and got me into court also caused me to get... also caused everything
[01:25:15.560 --> 01:25:17.080]  that happened during that transaction?
[01:25:17.080 --> 01:25:19.280]  No, no, they're not going to say that.
[01:25:19.280 --> 01:25:27.560]  They're going to say that when the court had jurisdiction and the court issued an order
[01:25:27.560 --> 01:25:35.240]  and you didn't act in accordance with the order, that this is a separate issue.
[01:25:35.240 --> 01:25:40.320]  So 10 minutes to be arrested in the court house.
[01:25:40.320 --> 01:25:41.320]  Okay.
[01:25:41.320 --> 01:25:42.320]  Okay.
[01:25:42.320 --> 01:25:49.440]  Let me ask a question about the warrant.
[01:25:49.440 --> 01:25:50.440]  Have you read the warrant?
[01:25:50.440 --> 01:25:51.440]  No, I didn't have a chance.
[01:25:51.440 --> 01:25:52.440]  I just got out.
[01:25:52.440 --> 01:25:53.440]  Okay.
[01:25:53.440 --> 01:25:58.440]  Get the warrant and read it.
[01:25:58.440 --> 01:26:06.720]  Generally, when a capious of this nature is entered, the capious will read, arrest this
[01:26:06.720 --> 01:26:13.720]  person and bring him before me, because it's a failure to appear warrant.
[01:26:13.720 --> 01:26:18.280]  So it'll say arrest this person, bring before me.
[01:26:18.280 --> 01:26:22.840]  Look at the warrant and see if it says that.
[01:26:22.840 --> 01:26:29.920]  If the bailiff arrested you in the courthouse and took you to jail instead of taking you
[01:26:29.920 --> 01:26:38.000]  before the judge the way the warrant ordered him to do, then you get to sue them.
[01:26:38.000 --> 01:26:44.480]  So that'd be a separate suit from the false imprisonment suit?
[01:26:44.480 --> 01:26:48.440]  It is a false imprisonment suit.
[01:26:48.440 --> 01:26:51.440]  These would all go to a joiner.
[01:26:51.440 --> 01:26:56.520]  It is a separate suit because it's a separate act, but you can-
[01:26:56.520 --> 01:27:01.880]  I understand where you're coming from with that, but am I going to have to explain that
[01:27:01.880 --> 01:27:09.240]  in the suit or can I just write it as I said before that this officer, his name, because
[01:27:09.240 --> 01:27:15.640]  of his actions, these events occurred which he shouldn't have because he had no authority
[01:27:15.640 --> 01:27:16.640]  to-
[01:27:16.640 --> 01:27:25.520]  You can file an amended action naming the officer as another party.
[01:27:25.520 --> 01:27:30.480]  No, I haven't wrote it yet.
[01:27:30.480 --> 01:27:31.480]  Oh, okay.
[01:27:31.480 --> 01:27:32.480]  Yeah.
[01:27:32.480 --> 01:27:33.480]  Okay.
[01:27:33.480 --> 01:27:34.480]  I haven't wrote a suit yet.
[01:27:34.480 --> 01:27:35.480]  Yes, to name him as a party.
[01:27:35.480 --> 01:27:36.480]  Yeah.
[01:27:36.480 --> 01:27:37.480]  I haven't wrote it yet.
[01:27:37.480 --> 01:27:38.480]  I got out today.
[01:27:38.480 --> 01:27:43.480]  They set my- I was supposed to have a trial on 19, can't come from them in straight.
[01:27:43.480 --> 01:27:50.080]  They knew I was on the way, but oh well, I think I'm still getting paid long here.
[01:27:50.080 --> 01:27:51.080]  So I got arrested.
[01:27:51.080 --> 01:27:52.080]  Then they let me out.
[01:27:52.080 --> 01:27:54.920]  They brought me in front of the judge today.
[01:27:54.920 --> 01:28:02.360]  She released me on the same bond and set trial for the 28th.
[01:28:02.360 --> 01:28:08.040]  But as she was telling me that they're setting trial for 28th, I'll be there, 28th at 830.
[01:28:08.040 --> 01:28:16.160]  So I have- Did I lose you?
[01:28:16.160 --> 01:28:20.920]  Uh-oh, looks like we lost Oliver.
[01:28:20.920 --> 01:28:23.120]  Oliver, if you- Oliver, Olivia.
[01:28:23.120 --> 01:28:24.800]  Yeah, he dropped off.
[01:28:24.800 --> 01:28:28.520]  So maybe he'll be able to call back in.
[01:28:28.520 --> 01:28:30.720]  Let me go to Doug in Indiana.
[01:28:30.720 --> 01:28:31.720]  Hello, Doug.
[01:28:31.720 --> 01:28:32.720]  Hello, Randy.
[01:28:32.720 --> 01:28:33.720]  Howdy.
[01:28:33.720 --> 01:28:37.720]  What do you have for us today?
[01:28:37.720 --> 01:28:41.400]  Thanks for taking my call.
[01:28:41.400 --> 01:28:47.200]  Back last year in April, you did a really good show helping a group of parents dealing
[01:28:47.200 --> 01:28:51.080]  with a school system that wouldn't do anything about a child in a school.
[01:28:51.080 --> 01:28:54.080]  Do you remember that?
[01:28:54.080 --> 01:28:55.080]  Vaguely.
[01:28:55.080 --> 01:28:56.080]  Okay.
[01:28:56.080 --> 01:29:02.680]  Well, anyway, you gave a list of things for those parents to do to get the school to act
[01:29:02.680 --> 01:29:07.680]  when the school refused to do anything about a problem child there.
[01:29:07.680 --> 01:29:16.160]  Well, my call tonight has to do with dealing with a principal that is the problem at our
[01:29:16.160 --> 01:29:18.360]  children's school.
[01:29:18.360 --> 01:29:24.160]  And that principal is preventing and controlling things too much at the school.
[01:29:24.160 --> 01:29:29.480]  And we also believe she is targeting our son.
[01:29:29.480 --> 01:29:35.800]  Basically, what's happening is the principal is preventing my wife and I from talking to
[01:29:35.800 --> 01:29:41.520]  the teacher and finding out what's really going on and preventing communication.
[01:29:41.520 --> 01:29:42.520]  Okay.
[01:29:42.520 --> 01:29:43.520]  Hang on.
[01:29:43.520 --> 01:29:48.920]  To address this when we come back on the other side, this is Randy Kelton, Wheel of Law Radio.
[01:29:48.920 --> 01:30:17.080]  We'll be right back.
[01:30:17.080 --> 01:30:46.240]  We'll be right back.
[01:30:46.240 --> 01:31:16.160]  We'll be right back.
[01:31:16.160 --> 01:31:46.080]  We'll be right back.
[01:31:46.080 --> 01:32:01.720]  We'll be right back.
[01:32:01.720 --> 01:32:30.440]  We'll be right back.
[01:32:30.440 --> 01:33:00.080]  We'll be right back.
[01:33:00.080 --> 01:33:24.560]  Okay.
[01:33:24.560 --> 01:33:25.560]  We are back.
[01:33:25.560 --> 01:33:30.320]  Randy Kelton, Wheel of Law Radio, and we're talking to Doug in Indiana.
[01:33:30.320 --> 01:33:37.640]  Doug, this sounds like a strictly an education agency issue.
[01:33:37.640 --> 01:33:42.080]  Have you talked to the school board?
[01:33:42.080 --> 01:33:43.080]  Not yet.
[01:33:43.080 --> 01:33:44.080]  We're trying to do-
[01:33:44.080 --> 01:33:48.160]  You're the master, they're the servants.
[01:33:48.160 --> 01:33:52.280]  I suggest you go over their head.
[01:33:52.280 --> 01:34:02.280]  What we wanted to do, because basically she's cut us off, we can't have one-on-one communication
[01:34:02.280 --> 01:34:09.040]  with the teachers, I did find a couple of things in the Indiana code that we might be
[01:34:09.040 --> 01:34:15.000]  able to use to persuade the school board to do something for us.
[01:34:15.000 --> 01:34:20.360]  And I don't know whether I should go that route or if I should be a little bit less
[01:34:20.360 --> 01:34:23.360]  forceful at first.
[01:34:23.360 --> 01:34:31.560]  Well actually, going to the school board probably won't be very forceful, but it will put the
[01:34:31.560 --> 01:34:38.960]  principal in a position to where the principal has to explain him or herself to someone who's
[01:34:38.960 --> 01:34:40.960]  over the principal.
[01:34:40.960 --> 01:34:46.520]  And the principal may have good cause for it or may believe she has good cause for what
[01:34:46.520 --> 01:34:47.520]  she's doing.
[01:34:47.520 --> 01:34:53.480]  And if you go to a school board member and then have them talk to her, they're likely
[01:34:53.480 --> 01:34:59.720]  to come back with the whole story.
[01:34:59.720 --> 01:35:05.160]  You know, my kids used to come home and tell me stuff about what went on in school.
[01:35:05.160 --> 01:35:11.840]  I remember a little cartoon where this woman has this boy by the hand and she's standing
[01:35:11.840 --> 01:35:19.120]  in front of the teacher's desk and she's saying, I won't believe anything he comes home and
[01:35:19.120 --> 01:35:24.760]  tells me if you won't believe anything he comes here and tells you.
[01:35:24.760 --> 01:35:31.240]  Now that was funny, but on the other hand, the kids, it's not that they don't tell you
[01:35:31.240 --> 01:35:36.640]  the truth, they tend to not tell you the whole story.
[01:35:36.640 --> 01:35:44.840]  And before you get too rambunctious, you might want to see if you can get the whole story.
[01:35:44.840 --> 01:35:49.920]  But if with that said, if you've already done that and you're not getting solution, you're
[01:35:49.920 --> 01:35:54.920]  the master, they're the servants, just step right up over them, go to their boss, their
[01:35:54.920 --> 01:36:01.200]  boss's boss, ask the question from them, then the boss will come down and ask the question.
[01:36:01.200 --> 01:36:05.320]  And if the boss doesn't get a good answer, there's a good chance I'll get it fixed.
[01:36:05.320 --> 01:36:06.920]  Does that make sense?
[01:36:06.920 --> 01:36:09.000]  Yes, it does.
[01:36:09.000 --> 01:36:18.080]  But I mean, we're not allowed to talk to his teachers at all, unless that principal is
[01:36:18.080 --> 01:36:19.080]  involved.
[01:36:19.080 --> 01:36:22.360]  She hovers around everybody and doesn't allow any communication at all.
[01:36:22.360 --> 01:36:31.800]  Is this a standard practice for all parents or is it just for you?
[01:36:31.800 --> 01:36:35.760]  I think she's controlling on the whole school, really.
[01:36:35.760 --> 01:36:40.160]  Then go to the school board.
[01:36:40.160 --> 01:36:42.720]  Well they will always protect one another.
[01:36:42.720 --> 01:36:49.440]  Oh, don't worry about it, that's okay, because then you'll have a state education agency
[01:36:49.440 --> 01:36:52.440]  to go to next.
[01:36:52.440 --> 01:37:00.840]  Okay, well, if you use this thing I found in the Indiana code, should I make it a demand
[01:37:00.840 --> 01:37:05.880]  letter or should I make it a...
[01:37:05.880 --> 01:37:10.880]  Like we said early on, someone asked me about demand or request.
[01:37:10.880 --> 01:37:16.840]  A request sounds less offensive, but it's no less a demand.
[01:37:16.840 --> 01:37:25.680]  So if you have a statute that stands in your favor, you might request that they act in
[01:37:25.680 --> 01:37:26.680]  accordance.
[01:37:26.680 --> 01:37:36.240]  Okay, because if they don't do it as the way I read it, they can be charged with a felony.
[01:37:36.240 --> 01:37:42.320]  Okay, well, your request is really not a request.
[01:37:42.320 --> 01:37:46.320]  Your request is really a demand and they'll see it that way.
[01:37:46.320 --> 01:37:47.320]  Okay.
[01:37:47.320 --> 01:37:57.000]  So you might cite it for them just to let them know that this is a serious request.
[01:37:57.000 --> 01:37:58.000]  Okay.
[01:37:58.000 --> 01:38:01.320]  Well, thank you very much for your advice.
[01:38:01.320 --> 01:38:03.320]  Okay, good luck.
[01:38:03.320 --> 01:38:04.320]  Bye.
[01:38:04.320 --> 01:38:08.280]  Okay, now we're going to go back to Olivier in Tennessee.
[01:38:08.280 --> 01:38:11.280]  Olivier, sorry we dropped you back there.
[01:38:11.280 --> 01:38:19.720]  It's all right, so I was telling her that I'll be there for 830 court when I also had
[01:38:19.720 --> 01:38:24.560]  court in the civil court, two cases and I was trying to remember the judge's name and
[01:38:24.560 --> 01:38:29.000]  she just popped it right out of the thick, I'm like, yeah, Judge Hicks.
[01:38:29.000 --> 01:38:33.400]  And she looked over to the right at my public defender, then she looked over to the left
[01:38:33.400 --> 01:38:41.000]  at the DA and then she looked back at me and she's like, Mr. Olivier, I think you'll be
[01:38:41.000 --> 01:38:46.880]  able to make it to court at nine o'clock to Mr. Hicks' courtroom.
[01:38:46.880 --> 01:38:54.160]  I said, thank you, Your Honor, I want to release you on your own recognizance, but I'm wondering
[01:38:54.160 --> 01:39:02.600]  how am I going to have a trial in 30 minutes and be able to get to trial, pick jury, go
[01:39:02.600 --> 01:39:09.560]  to the trial and be able to make it to court at eight or nine o'clock.
[01:39:09.560 --> 01:39:15.680]  Oh, not a problem, when you go to the court where you're having the trial, you give that
[01:39:15.680 --> 01:39:23.800]  court notice if you're going to go over time that you have another court hearing and ask
[01:39:23.800 --> 01:39:27.720]  this court to notify the other court that you're being delayed.
[01:39:27.720 --> 01:39:35.840]  No, I understand, that's why as she was scheduling it, I just notify her right there, but the
[01:39:35.840 --> 01:39:40.920]  way she looked at my attorney and the DA, it was like, this case is not going to trial.
[01:39:40.920 --> 01:39:46.560]  Like Mrs. Olivier will be able to take care of everything within that timeframe.
[01:39:46.560 --> 01:39:47.560]  Okay.
[01:39:47.560 --> 01:39:57.320]  She's already dismissed for several cases in front of me and we're in circuit court.
[01:39:57.320 --> 01:40:05.440]  There's a lot of private signals that go on back and forth, sounds like you picked up
[01:40:05.440 --> 01:40:06.440]  on one of them.
[01:40:06.440 --> 01:40:07.440]  Well.
[01:40:07.440 --> 01:40:13.880]  Yeah, this case is not going to take too long Mr. Olivier, but what she's really saying
[01:40:13.880 --> 01:40:14.880]  is it Mr. Prosecutor.
[01:40:14.880 --> 01:40:15.880]  Yeah, she was like, please, please, please don't be late, please.
[01:40:15.880 --> 01:40:16.880]  Like she was begging me like, please don't be late Mr. Olivier.
[01:40:16.880 --> 01:40:17.880]  I'm like, no, I won't.
[01:40:17.880 --> 01:40:18.880]  Okay.
[01:40:18.880 --> 01:40:32.280]  Okay, but make sure you get a copy of that warrant and read it.
[01:40:32.280 --> 01:40:33.280]  Okay.
[01:40:33.280 --> 01:40:35.600]  I think you'll be pleasantly surprised.
[01:40:35.600 --> 01:40:36.600]  All right.
[01:40:36.600 --> 01:40:37.600]  I got another thing, quick.
[01:40:37.600 --> 01:40:38.600]  I'm trying to make it fast.
[01:40:38.600 --> 01:40:45.600]  The judge last time in circuit, in general session, he was talking about my case being
[01:40:45.600 --> 01:40:46.600]  arrested, right?
[01:40:46.600 --> 01:40:51.200]  And then he was like, well, you got this evading arrest, driving off the criminal license.
[01:40:51.200 --> 01:40:56.520]  And he said, Mr. Olivier, you keep on catching these charges.
[01:40:56.520 --> 01:40:58.960]  The bond just keeps on doubling.
[01:40:58.960 --> 01:41:01.840]  And I looked at him, I said, you saying I'm guilty?
[01:41:01.840 --> 01:41:07.200]  He was like, oh, oh, no, I'm not, that's it, he was like, he wasn't into the whole
[01:41:07.200 --> 01:41:08.200]  field.
[01:41:08.200 --> 01:41:13.040]  So I'm feeling, I'm figuring with that statement, isn't that a judicial, isn't that a judicial
[01:41:13.040 --> 01:41:14.040]  conduct complaint?
[01:41:14.040 --> 01:41:17.880]  I'm trying to figure out how to write that up.
[01:41:17.880 --> 01:41:27.440]  No, if you have multiple charges, I think they are allowed to, actually the judge has
[01:41:27.440 --> 01:41:32.880]  a discretion to set the bond at what he thinks is appropriate.
[01:41:32.880 --> 01:41:33.880]  Okay.
[01:41:33.880 --> 01:41:34.880]  Okay.
[01:41:34.880 --> 01:41:35.880]  No.
[01:41:35.880 --> 01:41:39.560]  I don't think you'll get much traction on that.
[01:41:39.560 --> 01:41:42.240]  Well, this is the magistrate, right?
[01:41:42.240 --> 01:41:47.960]  But here's the thing, they're saying that I have full priors.
[01:41:47.960 --> 01:41:49.720]  I've never been found guilty.
[01:41:49.720 --> 01:41:51.720]  Oh, that's different.
[01:41:51.720 --> 01:41:52.720]  Yes.
[01:41:52.720 --> 01:41:53.720]  Okay.
[01:41:53.720 --> 01:41:54.720]  That's much different.
[01:41:54.720 --> 01:41:59.200]  Priors is a different deal.
[01:41:59.200 --> 01:42:06.480]  You have prior arrest, but if they're saying priors as if the arrest is a conviction, yes,
[01:42:06.480 --> 01:42:12.840]  you have a complaint for that.
[01:42:12.840 --> 01:42:19.760]  But even so, even prior arrest, the judge does have discretion to set the bond at whatever
[01:42:19.760 --> 01:42:24.040]  he deems is appropriate.
[01:42:24.040 --> 01:42:26.720]  That doesn't make sense.
[01:42:26.720 --> 01:42:31.440]  I'm going to figure out how to get that changed.
[01:42:31.440 --> 01:42:38.880]  You can look, but you're probably not going to find much traction there because for the
[01:42:38.880 --> 01:42:41.160]  judge, this is a judgment call.
[01:42:41.160 --> 01:42:44.160]  It's a judgment call.
[01:42:44.160 --> 01:42:51.560]  That means it doesn't stand in a tent until proven guilty because if I have four of these
[01:42:51.560 --> 01:42:59.920]  priors and they've all been dismissed in my favor, then those aren't priors.
[01:42:59.920 --> 01:43:09.960]  Well, that's what they're using to book the bail price.
[01:43:09.960 --> 01:43:17.040]  If the judge is speaking to priors that were dismissed, then you definitely would have
[01:43:17.040 --> 01:43:18.720]  a claim.
[01:43:18.720 --> 01:43:25.800]  If he increased the bond beyond what it was in the original case.
[01:43:25.800 --> 01:43:28.360]  Speaking of bond, have you ever tried bail?
[01:43:28.360 --> 01:43:31.840]  I'm talking about the maps, too.
[01:43:31.840 --> 01:43:32.840]  Yeah.
[01:43:32.840 --> 01:43:39.960]  Let me explain what I'm talking about when I come back, the difference between bond and
[01:43:39.960 --> 01:43:40.960]  bail.
[01:43:40.960 --> 01:43:41.960]  No, I understand that.
[01:43:41.960 --> 01:43:45.760]  I just haven't had a chance to go get a paperwork.
[01:43:45.760 --> 01:43:46.760]  Okay.
[01:43:46.760 --> 01:43:49.440]  Hang on, I'm going to break.
[01:43:49.440 --> 01:43:51.720]  Randy Kelton, we'll use our radio.
[01:43:51.720 --> 01:44:00.720]  We'll be right back.
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[01:46:20.400 --> 01:46:27.440]  We are back, Randy Kelton, Rule of Law Radio, and we're talking to Olivier in Tennessee.
[01:46:27.440 --> 01:46:33.400]  I'm going to go ahead and explain for everybody else's benefit the difference between bail
[01:46:33.400 --> 01:46:36.640]  and bond.
[01:46:36.640 --> 01:46:41.000]  Bond is an option, an alternative to bail.
[01:46:41.000 --> 01:46:48.440]  Bail is what you have a constitutional right to, and bail doesn't involve money.
[01:46:48.440 --> 01:46:55.800]  Bail involves a written agreement between you and the state, where you pledge collateral
[01:46:55.800 --> 01:47:03.800]  against your promise to appear, and they'll set the amount of bail, and then you pledge
[01:47:03.800 --> 01:47:13.240]  property that is worth at least double the amount of the bail, exclusive of all encumbrances.
[01:47:13.240 --> 01:47:16.160]  That's what you have a constitutional right to.
[01:47:16.160 --> 01:47:24.040]  If you don't have property that you can pledge as bail, then in the alternative, you can
[01:47:24.040 --> 01:47:27.240]  post a cash bond.
[01:47:27.240 --> 01:47:30.520]  They always want a cash bond, they never want to do bail.
[01:47:30.520 --> 01:47:37.920]  In Texas, the bail form is actually in the Code of Criminal Procedure itself, so you
[01:47:37.920 --> 01:47:44.160]  have the exact form to do bail, but most people don't know that they have a right to bail.
[01:47:44.160 --> 01:47:48.320]  Okay, enough of that.
[01:47:48.320 --> 01:47:49.320]  Where were you, Olivier?
[01:47:49.320 --> 01:47:53.520]  I'm going to make a quick mention about that bail.
[01:47:53.520 --> 01:47:58.760]  When I did mention the bail, they were telling me that I had to go to court and petition
[01:47:58.760 --> 01:48:04.360]  for in front of a judge, or I'm supposed to walk around with the paperwork waiting to
[01:48:04.360 --> 01:48:06.400]  get arrested.
[01:48:06.400 --> 01:48:16.120]  When I asked them about the bail process in the jail house, nobody knew nothing.
[01:48:16.120 --> 01:48:24.240]  Right, nobody does it, but that's your right.
[01:48:24.240 --> 01:48:26.800]  You don't necessarily have a right to bond.
[01:48:26.800 --> 01:48:27.800]  I understand.
[01:48:27.800 --> 01:48:28.800]  How do you apply that?
[01:48:28.800 --> 01:48:35.800]  You say that's the right, you got paperwork, so you want the person to go to jail, then
[01:48:35.800 --> 01:48:41.400]  you have to wait a couple of days to see the judge, then what's the first thing you do?
[01:48:41.400 --> 01:48:48.040]  Okay, that has the effect of denying you in the right.
[01:48:48.040 --> 01:48:55.120]  They're required to bring before a magistrate immediately, and he's to hold an examining
[01:48:55.120 --> 01:48:59.040]  trial and set bail.
[01:48:59.040 --> 01:49:00.520]  That's all a magistrate does.
[01:49:00.520 --> 01:49:03.520]  A magistrate does three things.
[01:49:03.520 --> 01:49:09.080]  They can marry people, and they gave them that so they can make a few extra bucks.
[01:49:09.080 --> 01:49:11.960]  They can hold an examining trial and set bail.
[01:49:11.960 --> 01:49:12.960]  That's it.
[01:49:12.960 --> 01:49:29.480]  They don't set bond, they set bail, and in lieu of posting bail, you can post a cash
[01:49:29.480 --> 01:49:30.480]  bond.
[01:49:30.480 --> 01:49:35.600]  Right, when I asked him about the bail, when I asked the magistrate about bail, she said
[01:49:35.600 --> 01:49:41.440]  there's a bond, you have to pay it through bail-abombing.
[01:49:41.440 --> 01:49:48.200]  She was completely not informed about it.
[01:49:48.200 --> 01:49:50.720]  Good, wonderful.
[01:49:50.720 --> 01:49:53.920]  She's screwed.
[01:49:53.920 --> 01:49:54.920]  Have you looked at screws?
[01:49:54.920 --> 01:49:55.920]  Not yet.
[01:49:55.920 --> 01:50:01.400]  They said screws, S-C-R-E-W-S.
[01:50:01.400 --> 01:50:07.760]  Screws, S-C-R-E-W-S, screws, V-U-S.
[01:50:07.760 --> 01:50:14.120]  My producer tells me it's a... I would call it a Mississippi case, he tells me it's a Georgia
[01:50:14.120 --> 01:50:15.120]  case.
[01:50:15.120 --> 01:50:25.160]  Okay, you got two sheriff's deputies, the sheriff and two deputies, in a bar, drinking.
[01:50:25.160 --> 01:50:29.280]  They're upset at this black guy, this 1945, they're going to go arrest him.
[01:50:29.280 --> 01:50:33.920]  Bartender tries to talk him out of it, they won't be dissuaded, they go arrest him, wind
[01:50:33.920 --> 01:50:36.800]  up beating him to death on the courthouse steps.
[01:50:36.800 --> 01:50:42.680]  They're prosecuted in the state, they're sued in the state, and then they're sued in the
[01:50:42.680 --> 01:50:48.320]  Fed for civil rights violations, and they complain to the Fed that they didn't have
[01:50:48.320 --> 01:50:53.120]  adequate notice that they could be sued in the Fed.
[01:50:53.120 --> 01:51:04.320]  And I guess the court was in a really bad mood that day, because I think it's 393 USC... No,
[01:51:04.320 --> 01:51:15.080]  363 USC 109, no, no, no, 363 USC 93, that's the case.
[01:51:15.080 --> 01:51:20.800]  At page 109, the court said that a private citizen cannot claim ignorance of the laws
[01:51:20.800 --> 01:51:23.200]  of defense to prosecution.
[01:51:23.200 --> 01:51:27.200]  A public official is held to a much higher standard.
[01:51:27.200 --> 01:51:36.320]  If a public official violates a ruling of this court and he be sane, he may not be heard
[01:51:36.320 --> 01:51:41.880]  to say he knows not what he does.
[01:51:41.880 --> 01:51:44.880]  The magistrate is screwed.
[01:51:44.880 --> 01:51:50.560]  Do I sue the magistrate, or what do I do?
[01:51:50.560 --> 01:51:55.800]  They forced you into a cash bond, denied you in your right to bail.
[01:51:55.800 --> 01:52:00.280]  So is the magistrate, so are you telling me that the magistrate is supposed to have the
[01:52:00.280 --> 01:52:01.280]  bail information?
[01:52:01.280 --> 01:52:02.280]  It is, absolutely.
[01:52:02.280 --> 01:52:03.280]  That's her job.
[01:52:03.280 --> 01:52:04.280]  Okay.
[01:52:04.280 --> 01:52:07.280]  See, that's what I was trying to get to.
[01:52:07.280 --> 01:52:13.000]  Yeah, she only does two things, finds probable cause and sets bail.
[01:52:13.000 --> 01:52:14.000]  That's it.
[01:52:14.000 --> 01:52:20.040]  I was told that I would have to go to see a judge in the court room to inquire about
[01:52:20.040 --> 01:52:21.040]  bail.
[01:52:21.040 --> 01:52:25.680]  So that means that I would have to go sit in jail for a couple of days or until whenever
[01:52:25.680 --> 01:52:28.400]  my time was to go to court.
[01:52:28.400 --> 01:52:32.640]  So that had the effect of denying you in your right to bail.
[01:52:32.640 --> 01:52:33.640]  Okay.
[01:52:33.640 --> 01:52:37.000]  That's a straight up due process.
[01:52:37.000 --> 01:52:42.600]  Due process, so sue her on the due process.
[01:52:42.600 --> 01:52:43.600]  Exactly.
[01:52:43.600 --> 01:52:44.600]  Okay.
[01:52:44.600 --> 01:52:45.600]  Due process.
[01:52:45.600 --> 01:52:46.600]  I'll do that later.
[01:52:46.600 --> 01:52:57.120]  My attorney, when I tell them about federal cases for my defense, he always tells me,
[01:52:57.120 --> 01:53:02.400]  oh, the federal cases don't matter in the state court, right?
[01:53:02.400 --> 01:53:03.400]  Wrong.
[01:53:03.400 --> 01:53:04.400]  All right, hold on.
[01:53:04.400 --> 01:53:05.400]  Let me finish.
[01:53:05.400 --> 01:53:11.320]  Now that I get arrested, I'm going inside and I'm talking to the other fellows and everybody
[01:53:11.320 --> 01:53:17.640]  is trusting me and telling me what's going on and they're sending them, he's sending
[01:53:17.640 --> 01:53:23.280]  them letters from federal cases to threaten them.
[01:53:23.280 --> 01:53:26.080]  I'm like, what the heck is going on?
[01:53:26.080 --> 01:53:27.080]  Yeah.
[01:53:27.080 --> 01:53:31.680]  The federal cases apply if they go to due process.
[01:53:31.680 --> 01:53:34.680]  I understand they apply.
[01:53:34.680 --> 01:53:38.080]  I'm trying to show you what he's doing.
[01:53:38.080 --> 01:53:43.040]  So he's saying on the one hand, the federal cases don't apply and on the other hand, he's
[01:53:43.040 --> 01:53:44.040]  using them.
[01:53:44.040 --> 01:53:45.040]  You're right.
[01:53:45.040 --> 01:53:49.800]  When I go to jail and I talk to these guys, he's straight out threatening them, trying
[01:53:49.800 --> 01:53:57.040]  to get them to take 16 to 12 years and I'm like, what the hell the heck is this?
[01:53:57.040 --> 01:54:02.440]  I need to get his bar car suspended.
[01:54:02.440 --> 01:54:06.640]  Can you get some of these guys to testify against him?
[01:54:06.640 --> 01:54:13.560]  I don't remember their names, but I think it's so rampant that it's pretty easy to
[01:54:13.560 --> 01:54:14.560]  prime some more people.
[01:54:14.560 --> 01:54:20.600]  Well, it may be harder than you think because they're kind of at his mercy.
[01:54:20.600 --> 01:54:24.520]  They may complain about him, but when it gets to filing, the only time they're not at his
[01:54:24.520 --> 01:54:28.880]  mercy is once they've already made the deal, then they can come back.
[01:54:28.880 --> 01:54:31.000]  They're not at his mercy.
[01:54:31.000 --> 01:54:38.720]  These are people who are not too fond of potent offenders and done hard time and you know
[01:54:38.720 --> 01:54:39.720]  what I'm saying?
[01:54:39.720 --> 01:54:42.720]  They're of a different caliber.
[01:54:42.720 --> 01:54:48.040]  They can't wait to fire that attorney.
[01:54:48.040 --> 01:54:51.040]  Oh good.
[01:54:51.040 --> 01:54:57.720]  That will probably, if you're talking to the people in the jail, may make them want to
[01:54:57.720 --> 01:54:59.720]  keep you out of the jail.
[01:54:59.720 --> 01:55:00.720]  Oh what?
[01:55:00.720 --> 01:55:01.720]  One more question.
[01:55:01.720 --> 01:55:02.720]  Here's the thing, right?
[01:55:02.720 --> 01:55:03.720]  He came and talked to me in jail.
[01:55:03.720 --> 01:55:14.720]  He started talking about my Facebook because on my Facebook, I expressed some of my true
[01:55:14.720 --> 01:55:16.720]  self and some of my capabilities.
[01:55:16.720 --> 01:55:21.680]  He started talking about what I had on my Facebook because I posted all the video, all
[01:55:21.680 --> 01:55:28.400]  the police videos and a few comments about Black Lives Matter, about how I didn't support
[01:55:28.400 --> 01:55:31.000]  it because they were just ignorant.
[01:55:31.000 --> 01:55:35.400]  You spending your time out there parading for nothing when you could be slapping with
[01:55:35.400 --> 01:55:38.520]  the law and then you could be handling business.
[01:55:38.520 --> 01:55:42.520]  You could be doing something that's actually going to help someone else, which is allowing
[01:55:42.520 --> 01:55:49.320]  these cops, I'm saying help to avoid allowing these cops to get in suits and go kill people
[01:55:49.320 --> 01:55:54.320]  because they're handlers, you're saying, that have no remorse.
[01:55:54.320 --> 01:55:57.320]  All they want is money.
[01:55:57.320 --> 01:55:58.720]  Exactly.
[01:55:58.720 --> 01:56:04.120]  So how was your response by these more hardened inmates?
[01:56:04.120 --> 01:56:12.720]  Silence and then after that, they all kind of like colluded, yeah, like, yeah, you're
[01:56:12.720 --> 01:56:13.720]  right.
[01:56:13.720 --> 01:56:21.720]  The separation between us is allowing the courts to take over our lives because after
[01:56:21.720 --> 01:56:26.600]  I explained how capious corporates work and drive a license and anything, if we stuck
[01:56:26.600 --> 01:56:31.280]  together and supported each other and did all these things, there's no way we could
[01:56:31.280 --> 01:56:32.280]  be in this condition.
[01:56:32.280 --> 01:56:37.200]  And they were saying, there was all colors, they were just looking at each other like,
[01:56:37.200 --> 01:56:40.920]  I can't believe this man just said that.
[01:56:40.920 --> 01:56:44.320]  You may become a force to be reckoned with.
[01:56:44.320 --> 01:56:49.200]  You may wind up like me, I'm in the county I live in.
[01:56:49.200 --> 01:56:55.440]  The sheriff told the deputies at roll call one morning, asked who knew Randy Kelton said
[01:56:55.440 --> 01:56:57.960]  about a half of them raised their hand.
[01:56:57.960 --> 01:57:01.000]  And the sheriff told him you are not to stop him.
[01:57:01.000 --> 01:57:07.080]  You are not to cite him and whatever you do, don't put that sob in my jail.
[01:57:07.080 --> 01:57:08.080]  What?
[01:57:08.080 --> 01:57:14.360]  I had a great time in there, but this is good.
[01:57:14.360 --> 01:57:15.360]  This is good.
[01:57:15.360 --> 01:57:22.160]  And the whole point of the show I do is to find people just like you and in the hope
[01:57:22.160 --> 01:57:25.960]  that you will find more, we'll get this spread around.
[01:57:25.960 --> 01:57:32.720]  The police won't like it, but they'll wind up much better policemen as a result of it.
[01:57:32.720 --> 01:57:39.000]  My thing is, can I threaten him for trying to, because he's my public defender, he talks
[01:57:39.000 --> 01:57:43.840]  about the DA, they're looking at my Facebook and they saw a part where I recommended the
[01:57:43.840 --> 01:57:49.160]  people to use their second amendment right after they went through all the procedures,
[01:57:49.160 --> 01:57:57.280]  all the traditional procedures, and did not give ample attention to that right.
[01:57:57.280 --> 01:58:00.880]  Then use your second amendment and get rid of them all, like you say on my Facebook,
[01:58:00.880 --> 01:58:01.880]  I'm talking freely.
[01:58:01.880 --> 01:58:02.880]  So I got upset.
[01:58:02.880 --> 01:58:09.480]  I'm like, I will sue the DA, I will put them under suit and I will testify on everything
[01:58:09.480 --> 01:58:10.480]  on my Facebook.
[01:58:10.480 --> 01:58:16.920]  Okay, we're just about out of time, but yes, you can do that and they can not like it,
[01:58:16.920 --> 01:58:20.920]  but there's no direct action they can take against you for it.
[01:58:20.920 --> 01:58:24.240]  Justice is so long and it's not even objectionable.
[01:58:24.240 --> 01:58:29.640]  You're insisting they do it by law and it is your right.
[01:58:29.640 --> 01:58:31.840]  Thank you all for listening.
[01:58:31.840 --> 01:58:34.440]  This is Randy Kelton, Rule of Law Radio.
[01:58:34.440 --> 01:58:39.800]  We'll be back next Thursday night for our two hour show and Friday for our four hour
[01:58:39.800 --> 01:58:46.440]  and make sure you check out Eddie Craig Monday nights on his traffic show.
[01:58:46.440 --> 01:58:50.720]  Thank you all for listening and good night.
[01:58:50.720 --> 01:58:56.800]  Bibles for America is offering absolutely free a unique study Bible called the New Testament
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