[00:00.000 --> 00:05.400]  The following news flash is brought to you by The Lone Star of Lowdown.
[00:05.400 --> 00:11.520]  Markets for Wednesday the 26th of July 2017 are currently trading with gold at $1,260.75
[00:11.520 --> 00:18.880]  amounts, silver $16.69 amounts, Texas Crude $47.89 a barrel, and Bitcoin is sitting a
[00:18.880 --> 00:24.800]  little over $2,474 US currency.
[00:24.800 --> 00:30.720]  Today in history, the year 1938, an unprecedented swarm of grasshoppers descends on crops throughout
[00:30.720 --> 00:33.880]  the American heartland, devastating millions of acres.
[00:33.880 --> 00:39.320]  Iowa, Nebraska and South Dakota, already in the midst of a bad drought, suffered the most
[00:39.320 --> 00:46.760]  from this grasshopper disaster today in history.
[00:46.760 --> 00:50.680]  And recent news, yesterday Tuesday police chiefs from three of the five biggest cities
[00:50.680 --> 00:54.840]  in the state spoke out at the Texas Capitol against the transgender bathroom bill being
[00:54.840 --> 00:59.640]  considered by the Republican legislator as discriminatory and in divergence of resources
[00:59.640 --> 01:01.360]  that won't keep people safe.
[01:01.360 --> 01:05.640]  The police chiefs were joined by public school officials, advocates for sexual assault survivors,
[01:05.640 --> 01:09.760]  representatives from the Harris County and El Paso Sheriff's offices, the Corpus Christi
[01:09.760 --> 01:12.360]  ISD chief of police and others.
[01:12.360 --> 01:17.120]  The main issue as Austin police chief Brian Manley put it, is that if quote, a bill like
[01:17.120 --> 01:21.760]  this were to be passed, that would pull police officers time away from combating violent
[01:21.760 --> 01:27.080]  crime into enforcing a bathroom bill, it makes communities less safe, since it is time not
[01:27.080 --> 01:29.440]  spent ensuring community safety.
[01:29.440 --> 01:33.120]  The legislation would restrict bathroom use in schools and local government buildings
[01:33.120 --> 01:37.440]  by superseding and nullifying parts of local non-discrimination ordinances meant to allow
[01:37.440 --> 01:42.440]  transgender residents, which make up less than 1% of the population, the claim to use the
[01:42.440 --> 01:44.360]  public bathroom of their choice.
[01:44.360 --> 01:49.400]  The bill did pass just after midnight last night, the Senate voted 21-10 and it now goes
[01:49.400 --> 01:56.000]  to the House for consideration.
[01:56.000 --> 02:00.160]  An information technology staffer or former chairwoman of the Democratic National Committee,
[02:00.160 --> 02:05.360]  Representative Debbie Wasserman Schultz, Democrat from Florida, Imran Awan, a 37-year-old, was
[02:05.360 --> 02:10.520]  arrested on Monday by FBI agents and US Capitol Police at Dulley's International Airport while
[02:10.520 --> 02:12.960]  attempting to flee to Lahore, Pakistan.
[02:12.960 --> 02:18.200]  He was charged with big fraud in the US District Court on Tuesday where he pleaded not guilty.
[02:18.200 --> 02:22.120]  According to federal court documents, officials are accusing Awan and his wife, Hina Alvi,
[02:22.120 --> 02:27.480]  of defrauding the Congressional Federal Credit Union of $165,000 by lying on a home equity
[02:27.480 --> 02:32.160]  loan application and not listing the home that they were getting the loan for as a rental
[02:32.160 --> 02:33.160]  property.
[02:33.160 --> 02:37.560]  Awan was released and is under a high-intensity supervision program with his hearing scheduled
[02:37.560 --> 02:39.640]  for the 21st of August.
[02:39.640 --> 02:43.520]  President's lawyer Christopher Gohan said that the charges are politically motivated
[02:43.520 --> 02:49.960]  and, quote, began as part of a frenzy of anti-Muslim bigotry in the literal heart of our democracy,
[02:49.960 --> 02:50.960]  the House of Representatives.
[02:50.960 --> 02:59.960]  This is Rick Furrier with your lowdown for July 26, 2017.
[02:59.960 --> 03:21.440]  Okay.
[03:21.440 --> 03:22.440]  We are back.
[03:22.440 --> 03:26.960]  We're in the Kelton River Radio and we're talking to Jim in Texas.
[03:26.960 --> 03:32.160]  Okay, Jim, if you've only been listening for two or three weeks, you probably haven't
[03:32.160 --> 03:33.160]  heard the routine.
[03:33.160 --> 03:34.160]  Are you familiar?
[03:34.160 --> 03:35.160]  Go ahead.
[03:35.160 --> 03:36.160]  I'd love to hear.
[03:36.160 --> 03:37.160]  Okay.
[03:37.160 --> 03:38.160]  Here's what we do.
[03:38.160 --> 03:39.160]  We're the masters.
[03:39.160 --> 03:40.160]  They're the servants.
[03:40.160 --> 03:53.160]  And if the servants aren't following the rules of the master, who do you blame?
[03:53.160 --> 03:54.160]  Servant?
[03:54.160 --> 03:57.160]  Okay.
[03:57.160 --> 04:03.280]  Somebody's not doing their job and that's us.
[04:03.280 --> 04:11.160]  So what I like to do is catch them on something minor.
[04:11.160 --> 04:19.680]  If you wait until they do something horrible, then they will feel justifiably put upon and
[04:19.680 --> 04:24.080]  marshal all their defenses against you.
[04:24.080 --> 04:32.200]  But if you take them apart on something really nitpicking, I really like nitpicking.
[04:32.200 --> 04:34.240]  Okay, let me back up.
[04:34.240 --> 04:37.240]  I've got a few rules here.
[04:37.240 --> 04:47.360]  First rule is never ask public officials to do anything you actually want them to do because
[04:47.360 --> 04:56.640]  you never ask a public official to do anything that the law does not command them to do.
[04:56.640 --> 04:58.640]  I call this my tar baby syndrome.
[04:58.640 --> 05:01.640]  I got this little car baby here.
[05:01.640 --> 05:04.640]  You want to touch it?
[05:04.640 --> 05:05.640]  Go ahead.
[05:05.640 --> 05:06.640]  Touch it.
[05:06.640 --> 05:07.640]  Touch it.
[05:07.640 --> 05:08.640]  Go ahead.
[05:08.640 --> 05:10.360]  Refuse to do what I'm asking you to do.
[05:10.360 --> 05:11.360]  Go ahead.
[05:11.360 --> 05:12.360]  Go ahead.
[05:12.360 --> 05:18.680]  I was at a JP's office in Lake Worth, Texas, and I asked to see some records.
[05:18.680 --> 05:19.880]  They gave me a little hard time.
[05:19.880 --> 05:21.120]  They finally brought them to me.
[05:21.120 --> 05:26.160]  I'm standing here looking at the records and the judge came over and said, Mr. Kelton,
[05:26.160 --> 05:27.560]  you can't look at those.
[05:27.560 --> 05:28.560]  Your security risk.
[05:28.560 --> 05:33.040]  Oh, I'm a security risk, and I can't look at these records.
[05:33.040 --> 05:34.200]  They already got open.
[05:34.200 --> 05:35.200]  No, you can't look at those.
[05:35.200 --> 05:40.320]  So I closed them, pushed them across the counter, but this time the bailiff had kind of sidled
[05:40.320 --> 05:45.880]  up on the other side, he got a glass, well, a counter and a glass behind it.
[05:45.880 --> 05:47.520]  They're all behind the glass.
[05:47.520 --> 05:50.720]  I turned to the bailiff and I said, Mr. Bailiff, did you hear that?
[05:50.720 --> 05:53.440]  Yes, Mr. Kelton, I did.
[05:53.440 --> 05:54.440]  He knew who I was.
[05:54.440 --> 05:56.520]  I've been there before.
[05:56.520 --> 05:58.520]  I said, arrest that woman.
[05:58.520 --> 06:00.800]  Well, I can't arrest her.
[06:00.800 --> 06:01.800]  This is her court.
[06:01.800 --> 06:04.920]  Oh, no, no, you are mistaken.
[06:04.920 --> 06:11.040]  This is my court, and I very generously allow her to administer it according to my law, and
[06:11.040 --> 06:16.520]  she just breached one in your site and in your hearing, and under 14.03, Texas Code
[06:16.520 --> 06:20.800]  of Criminal Procedure, you have a duty to arrest her, arrest her.
[06:20.800 --> 06:24.800]  And the judge is standing there watching me saying nothing.
[06:24.800 --> 06:27.720]  Oh, I can't arrest a judge.
[06:27.720 --> 06:33.480]  I have to administer this court because there are going to be any court if you arrest her.
[06:33.480 --> 06:37.480]  And they're not sure if I'm joking or not.
[06:37.480 --> 06:38.920]  And well, I can't arrest her.
[06:38.920 --> 06:43.800]  I said, come on, Mr. Bailiff, I need you to take your chicken suit off.
[06:43.800 --> 06:48.920]  I always ask them to take their chicken suit off, and I'll get to that later.
[06:48.920 --> 06:51.880]  And he said, well, I'm not going to arrest a judge.
[06:51.880 --> 06:53.480]  I'll take you down to my boss.
[06:53.480 --> 06:54.480]  That'll work.
[06:54.480 --> 06:55.480]  So we go downstairs.
[06:55.480 --> 06:56.480]  He gets his head constable.
[06:56.480 --> 07:01.480]  He said, what can I do for you?
[07:01.480 --> 07:04.480]  I need you to arrest him.
[07:04.480 --> 07:06.480]  The constable, what, me?
[07:06.480 --> 07:08.480]  He said, well, why would I arrest him?
[07:08.480 --> 07:10.480]  Because he's chicken.
[07:10.480 --> 07:12.480]  He wouldn't arrest a judge.
[07:12.480 --> 07:16.480]  Well, I'm not going to arrest him for not arresting a judge.
[07:16.480 --> 07:19.480]  He said, we're constables and we don't do that.
[07:19.480 --> 07:24.480]  Oh, are you a certified peace officer in the state of Texas?
[07:24.480 --> 07:26.480]  He says yes, I am.
[07:26.480 --> 07:31.480]  I'm a 2.13 Texas Code of Criminal Procedure.
[07:31.480 --> 07:37.480]  It is your duty to keep the peace in the state by all legal means, which includes arresting
[07:37.480 --> 07:39.480]  him for official oppression.
[07:39.480 --> 07:42.480]  Well, I'm not going to arrest him.
[07:42.480 --> 07:43.480]  Oh, OK.
[07:43.480 --> 07:46.480]  Don't you have a sheriff's department around here somewhere?
[07:46.480 --> 07:49.480]  Yeah, there's a substation right across the street.
[07:49.480 --> 07:50.480]  Oh, OK.
[07:50.480 --> 07:51.480]  Thanks, guys.
[07:51.480 --> 07:57.480]  I go across the street and ask for a sheriff's deputy.
[07:57.480 --> 08:00.480]  And it turns out a captain had just left.
[08:00.480 --> 08:02.480]  And she said, well, the captain just left.
[08:02.480 --> 08:04.480]  I'll call him back.
[08:04.480 --> 08:09.480]  So while I'm waiting the head constable came over.
[08:09.480 --> 08:18.480]  And he said, Mr. Kelton, if you want me to, I can take your complaint to the prosecuting
[08:18.480 --> 08:19.480]  attorney.
[08:19.480 --> 08:20.480]  Oh, no, no, no.
[08:20.480 --> 08:22.480]  Don't do that.
[08:22.480 --> 08:26.480]  Well, I thought you wanted to file a complaint.
[08:26.480 --> 08:30.480]  Well, I got your bailiff to touch my car, baby.
[08:30.480 --> 08:32.480]  And I got you to touch it.
[08:32.480 --> 08:36.480]  I got a couple more people I want to get to touch it first.
[08:36.480 --> 08:41.480]  And he just stood there looking at me like, am I really hearing this?
[08:41.480 --> 08:44.480]  And then this captain comes in.
[08:44.480 --> 08:47.480]  And he said, you know, he's kept so and so.
[08:47.480 --> 08:53.480]  And I pointed to the head constable, arrest him.
[08:53.480 --> 08:55.480]  Well, I can't arrest him.
[08:55.480 --> 08:56.480]  He's the head constable.
[08:56.480 --> 08:57.480]  He says, you can.
[08:57.480 --> 09:00.480]  Just throw the cuffs on him and drag him off the jail.
[09:00.480 --> 09:01.480]  Heck, you don't have far to go.
[09:01.480 --> 09:03.480]  It's right out there in the back.
[09:03.480 --> 09:06.480]  Well, I'm not going to arrest the constable.
[09:06.480 --> 09:10.480]  The captain, I need you to take your chicken suit off.
[09:10.480 --> 09:13.480]  He said, I'm not taking my chicken suit off.
[09:13.480 --> 09:14.480]  I'm not arresting him.
[09:14.480 --> 09:16.480]  I said, OK.
[09:16.480 --> 09:19.480]  Who's your boss?
[09:19.480 --> 09:26.480]  And the constable said, oh, don't tell him.
[09:26.480 --> 09:27.480]  So that's OK.
[09:27.480 --> 09:31.480]  I think I'm ready to go to the prosecutor now.
[09:31.480 --> 09:34.480]  You see the point?
[09:34.480 --> 09:37.480]  Over a minor thing.
[09:37.480 --> 09:42.480]  And at each step, it grows a little bit.
[09:42.480 --> 09:48.480]  So never ask a public official to do anything you actually want them to do.
[09:48.480 --> 09:52.480]  Because you never ask a public official to do anything that the law does not
[09:52.480 --> 09:57.480]  command them to do so you can club them when they don't.
[09:57.480 --> 10:02.480]  And just I deliberately blew this out of all proportion.
[10:02.480 --> 10:08.480]  You want them to think that you're setting them up.
[10:08.480 --> 10:12.480]  My favorite one is I went into court and walked up and stood at the bar.
[10:12.480 --> 10:14.480]  Most people have heard this story already.
[10:14.480 --> 10:17.480]  But I still like telling it.
[10:17.480 --> 10:21.480]  I stood at the bar while they were starting a hearing and a judge,
[10:21.480 --> 10:26.480]  a judge of what's his name, Harris in Mansfield.
[10:26.480 --> 10:29.480]  Well, arrogant guy.
[10:29.480 --> 10:31.480]  He finally looked up and said, can I help you?
[10:31.480 --> 10:32.480]  I said, yes, your honor.
[10:32.480 --> 10:35.480]  My name's Randy Kelton and I have a hearing deficiency.
[10:35.480 --> 10:38.480]  Well, Mr. Captain, why are you telling me this?
[10:38.480 --> 10:39.480]  He said, no.
[10:39.480 --> 10:42.480]  He said, first he said, well, Mr. Captain, what's wrong with your hearing?
[10:42.480 --> 10:43.480]  It's all a judge.
[10:43.480 --> 10:47.480]  I was down in Mexico the other day and I drank too much that cheap tequila
[10:47.480 --> 10:49.480]  and lost my hearing aid.
[10:49.480 --> 10:52.480]  By the line, I had it in my pocket.
[10:52.480 --> 10:54.480]  Well, why are you telling me this?
[10:54.480 --> 10:58.480]  I said, well, do you have accommodations being impaired?
[10:58.480 --> 11:00.480]  No, Mr. Captain, I do not.
[11:00.480 --> 11:02.480]  See, you have a sound system here.
[11:02.480 --> 11:03.480]  Will you turn it up?
[11:03.480 --> 11:04.480]  No, I will not.
[11:04.480 --> 11:07.480]  Well, then will you speak up?
[11:07.480 --> 11:08.480]  He did.
[11:08.480 --> 11:10.480]  Told the bailiff I had him sound shut up.
[11:10.480 --> 11:12.480]  He said, throw me out of the courtroom.
[11:12.480 --> 11:15.480]  So I finished my hearing, got to the bar,
[11:15.480 --> 11:17.480]  and pointed the bailiff, you come with me.
[11:17.480 --> 11:22.480]  But get outside and I want the bailiff to arrest the judge.
[11:22.480 --> 11:24.480]  Well, why would I arrest the judge?
[11:24.480 --> 11:27.480]  Criminal violation, 39.03 Texas Penal Code,
[11:27.480 --> 11:30.480]  in that he failed to perform a duty he was required to perform
[11:30.480 --> 11:34.480]  and in the process denied me in the form of pre-access to
[11:34.480 --> 11:36.480]  or enjoyment of right.
[11:36.480 --> 11:38.480]  And the bailiff said, well, Mr. Kelkin,
[11:38.480 --> 11:40.480]  what right did he deny you in?
[11:40.480 --> 11:42.480]  He denied me in my right to accommodation
[11:42.480 --> 11:45.480]  under the Americans Disabilities Act.
[11:45.480 --> 11:47.480]  Well, Mr. Kelkin, why did you tell the judge
[11:47.480 --> 11:50.480]  about the Americans Disabilities Act?
[11:50.480 --> 11:52.480]  Heck, if I had done that,
[11:52.480 --> 11:55.480]  he might have turned the sound up.
[11:55.480 --> 12:00.480]  So the bailiff stood there a minute and his grin come across his face.
[12:00.480 --> 12:02.480]  Well, you set him up.
[12:02.480 --> 12:05.480]  Yeah, he's a sucker for that and won me.
[12:05.480 --> 12:07.480]  Now, you need to get in there and arrest him.
[12:07.480 --> 12:12.480]  We had this argument about whether he's going to arrest the judge or not.
[12:12.480 --> 12:17.480]  Oh, that was so much fun.
[12:17.480 --> 12:20.480]  You won't believe it.
[12:20.480 --> 12:24.480]  And if you've never called 911 on the judge,
[12:24.480 --> 12:29.480]  in the courtroom, you just haven't lived
[12:29.480 --> 12:33.480]  or asked the bailiff to arrest the judge in the courtroom.
[12:33.480 --> 12:35.480]  I've done that several times.
[12:35.480 --> 12:41.480]  Always the judge stands there and keeps his mouth shut.
[12:41.480 --> 12:47.480]  One word out of that judge tampering with a witness obstruction of justice.
[12:47.480 --> 12:50.480]  Get the penal code. Read it.
[12:50.480 --> 12:52.480]  Twice.
[12:52.480 --> 12:54.480]  Read it the first time.
[12:54.480 --> 12:57.480]  Don't need to try to understand all of it. Just read it.
[12:57.480 --> 13:00.480]  Then go back to the front and read it again.
[13:00.480 --> 13:05.480]  And these pieces start fitting together.
[13:05.480 --> 13:07.480]  Code of criminal procedure, same way.
[13:07.480 --> 13:09.480]  They're not very big. Neither one of them is.
[13:09.480 --> 13:11.480]  You read them twice.
[13:11.480 --> 13:15.480]  You'll know their codes better than they do.
[13:15.480 --> 13:19.480]  Then when you go in the courtroom,
[13:19.480 --> 13:26.480]  their perception of you is that you're trying to get them to do something
[13:26.480 --> 13:30.480]  so that you can run down and try to get them arrested.
[13:30.480 --> 13:33.480]  That's what they think about me.
[13:33.480 --> 13:37.480]  And that's true. They are. I am.
[13:37.480 --> 13:40.480]  So go ahead, mess with me.
[13:40.480 --> 13:42.480]  We'll see how that works out for you.
[13:42.480 --> 13:45.480]  But when you start up the chain,
[13:45.480 --> 13:52.480]  once I left the sheriff's department, I went to a county judge's office
[13:52.480 --> 13:54.480]  and he wouldn't take the complaints.
[13:54.480 --> 13:58.480]  So I took a complaint against him to a district judge's office
[13:58.480 --> 14:00.480]  and he wouldn't take the complaints.
[14:00.480 --> 14:03.480]  Then I took it back to the district attorney.
[14:03.480 --> 14:09.480]  Now, if the judge renders it a ruling I don't like,
[14:09.480 --> 14:11.480]  I accuse the judge of retaliation
[14:11.480 --> 14:17.480]  because I'll criminal charges against her.
[14:17.480 --> 14:19.480]  He probably has nothing to do with it.
[14:19.480 --> 14:20.480]  Who cares?
[14:20.480 --> 14:23.480]  I poisoned her well.
[14:23.480 --> 14:29.480]  Well, they're certainly not worried about anything being correct or right or fair.
[14:29.480 --> 14:31.480]  It's turned around.
[14:31.480 --> 14:38.480]  Okay. Here are some things they worry about.
[14:38.480 --> 14:45.480]  You'll never win your case simply because you have the law and the facts on your side.
[14:45.480 --> 14:47.480]  To think so is naive.
[14:47.480 --> 14:50.480]  It is not that way now and never has been that way.
[14:50.480 --> 14:56.480]  You win your case if you have the politics on your side and all politics is local.
[14:56.480 --> 15:02.480]  And so what you can do is create a little local politics.
[15:02.480 --> 15:06.480]  I once got all the highest judges in Texas put in front of a grand jury
[15:06.480 --> 15:08.480]  and I say,
[15:08.480 --> 15:12.480]  denied me leave to file a habeas corpus.
[15:12.480 --> 15:15.480]  I've filed a habeas corpus for a kid in Conroe.
[15:15.480 --> 15:19.480]  The clerk refused to take it unless I filed a motion for leave to file.
[15:19.480 --> 15:22.480]  I said, screw that. This is a habeas.
[15:22.480 --> 15:25.480]  The great writ, the writ of right, they have no power to grant it and I leave.
[15:25.480 --> 15:28.480]  The clerk said, I can't take it without it.
[15:28.480 --> 15:32.480]  I'm trying to get this kid out of jail and not my fight so I filed it.
[15:32.480 --> 15:35.480]  They denied me leave to file a habeas corpus.
[15:35.480 --> 15:37.480]  Are you kidding me?
[15:37.480 --> 15:39.480]  Went straight to the grand jury.
[15:39.480 --> 15:42.480]  Took me a year to get it in front of the grand jury,
[15:42.480 --> 15:45.480]  but the day after I went to the grand jury the first time,
[15:45.480 --> 15:48.480]  they kicked this kid out of jail in Conroe.
[15:48.480 --> 15:53.480]  I finally get it to the grand jury and I thought it was all the pressure I put on him.
[15:53.480 --> 15:58.480]  I'm Bushwack, the highest criminal judge in Austin.
[15:58.480 --> 16:01.480]  The head criminal district judge in Austin, Bob Perkins,
[16:01.480 --> 16:04.480]  who's a really genuinely nice guy.
[16:04.480 --> 16:07.480]  I Bushwack him with these criminal complaints.
[16:07.480 --> 16:13.480]  Finally got him to the clerk, got the prosecutor finally to give him to the grand jury.
[16:13.480 --> 16:18.480]  I told Clare Dawson Brown, look, 2.03 says, you have no discretion.
[16:18.480 --> 16:20.480]  You must give it to the grand jury.
[16:20.480 --> 16:22.480]  So you can go in there and argue against it.
[16:22.480 --> 16:24.480]  So you get to be the good guy.
[16:24.480 --> 16:28.480]  You write in on your white horse and save all these judges.
[16:28.480 --> 16:30.480]  She gives them to them.
[16:30.480 --> 16:35.480]  They keep them their full term with no build on the last day.
[16:35.480 --> 16:37.480]  About to go to break.
[16:37.480 --> 16:41.480]  I'll explain what really happened when we come back on the other side.
[16:41.480 --> 16:45.480]  Didn't have anything to do with me.
[16:45.480 --> 16:47.480]  It was all politics.
[16:47.480 --> 16:52.480]  Randy Kelton, Rue de la Radio, calling number 512-646-1984.
[16:52.480 --> 17:00.480]  We'll be right back.
[17:23.480 --> 17:26.480]  I'm going to throw away these yucky cookies in the trash.
[17:26.480 --> 17:32.480]  I click control, shift, delete, and then scroll down to cookies and clear them.
[17:32.480 --> 17:34.480]  Bye bye yucca cookies.
[17:34.480 --> 17:40.480]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand side.
[17:40.480 --> 17:46.480]  Bookmark the link and I can go to Amazon through this link and order you some yummy new cookies.
[17:46.480 --> 17:48.480]  No cookies or me.
[17:48.480 --> 17:50.480]  Consider it an early Christmas present.
[17:50.480 --> 17:57.480]  And every time I order on Amazon, I go through this link and I give a little present to this radio network too.
[17:57.480 --> 17:58.480]  These are cookies.
[17:58.480 --> 18:00.480]  These are classified.
[18:00.480 --> 18:05.480]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
[18:05.480 --> 18:09.480]  Stop debt collectors now with the Michael Mearris proven method.
[18:09.480 --> 18:14.480]  Michael Mearris has won six cases in federal court against debt collectors and now you can win two.
[18:14.480 --> 18:20.480]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statute.
[18:20.480 --> 18:24.480]  What to do when contacted by phones, mail, or court summons?
[18:24.480 --> 18:26.480]  How to answer letters and phone calls?
[18:26.480 --> 18:28.480]  How to get debt collectors out of your credit reports?
[18:28.480 --> 18:33.480]  How to turn the financial tables on them and make them pay you to go away?
[18:33.480 --> 18:38.480]  The Michael Mearris proven method is the solution for how to stop debt collectors.
[18:38.480 --> 18:40.480]  Personal consultation is available as well.
[18:40.480 --> 18:49.480]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mearris banner or email MichaelMearris at yahoo.com.
[18:49.480 --> 19:00.480]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors next.
[19:00.480 --> 19:10.480]  You are listening to the Logos Radio Network. LogosRadioNetwork.com
[19:10.480 --> 19:16.480]  Well, don't let nothing get to you. Only the father can deliver you.
[19:16.480 --> 19:22.480]  And don't let bad-mined people hurt you until safe and get behind you.
[19:22.480 --> 19:28.480]  You know what I mean? My friend, Nala Jackson.
[19:28.480 --> 19:35.480]  Okay, we are back. Randy Kelton, the rule of law radio, and we're talking to Jim in Texas.
[19:35.480 --> 19:40.480]  Okay, it took two years for me to get this to the grand jury. I hammered them.
[19:40.480 --> 19:48.480]  I went down there with camera crews and Bushwack, the baylif, the grand jury baylif. I did all kind of stuff.
[19:48.480 --> 19:53.480]  Finally, they give it to the grand jury. The grand jury gets it on their first day in office.
[19:53.480 --> 20:01.480]  Happened to be April 1st. And generally, it takes them about 20 minutes to do a presentment.
[20:01.480 --> 20:05.480]  A month and a half later, I called Claire Brown and said, what is the problem?
[20:05.480 --> 20:09.480]  You were supposed to give this to the grand jury. She said, I did, Mr. Kelton.
[20:09.480 --> 20:19.480]  Well, what's taking so long? She said, Mr. Kelton, I made sure every grand jury read your entire presentment.
[20:19.480 --> 20:26.480]  Say what? That was 111 pages. It was a book.
[20:26.480 --> 20:35.480]  I thought, what in the world is going on here? Ron Earl, that no good rotten scoundrel.
[20:35.480 --> 20:39.480]  Do you remember Tom DeLay, Speaker of the House?
[20:39.480 --> 20:42.480]  I do. I do.
[20:42.480 --> 20:46.480]  He was taken out of office by Ron Earl.
[20:46.480 --> 20:47.480]  Okay.
[20:47.480 --> 20:52.480]  And nobody ever accused Tom DeLay of a crime.
[20:52.480 --> 20:56.480]  Of all the habeas corpus in that case.
[20:56.480 --> 21:00.480]  Judge Deets threw me out of the courtroom.
[21:00.480 --> 21:06.480]  Another story, but Ron Earl did that.
[21:06.480 --> 21:14.480]  Turned out, you know, I thought about that. She had him read every, had every one of them read my entire presentment.
[21:14.480 --> 21:16.480]  What is going on here?
[21:16.480 --> 21:23.480]  I said, wait a minute. She's not trying to give them to no bill.
[21:23.480 --> 21:29.480]  Ron Earl, 25 year prosecuting attorney for Travis County.
[21:29.480 --> 21:32.480]  He's not running for office again.
[21:32.480 --> 21:34.480]  He's a Democrat.
[21:34.480 --> 21:39.480]  All 15 of the judges of the court criminal appeals highest court in Texas.
[21:39.480 --> 21:41.480]  The Republicans.
[21:41.480 --> 21:44.480]  That dirty rotten scoundrel.
[21:44.480 --> 21:48.480]  He's trying to take the amount with him.
[21:48.480 --> 21:51.480]  You see, had nothing to do with the law.
[21:51.480 --> 21:56.480]  Had nothing to do with all of my eloquent obituary.
[21:56.480 --> 21:58.480]  So politics.
[21:58.480 --> 22:04.480]  What I did was gave Ron Earl some political cannon fodder.
[22:04.480 --> 22:08.480]  He is to try to take those judges out with him.
[22:08.480 --> 22:12.480]  Stop thinking in terms of rule of law.
[22:12.480 --> 22:19.480]  I know that's what this show is called, but we only use that to create the politics.
[22:19.480 --> 22:22.480]  Start thinking in terms of politics.
[22:22.480 --> 22:26.480]  How do we create a little local politics?
[22:26.480 --> 22:38.480]  You create local politics by giving a politician's next opponent cannon fodder to use against him in the next election.
[22:38.480 --> 22:41.480]  That's where the power is.
[22:41.480 --> 22:43.480]  Once we understand that.
[22:43.480 --> 22:45.480]  Okay, let me give you a little more politics.
[22:45.480 --> 22:49.480]  Do you know what will happen if you file a bar grievance against the lawyer?
[22:49.480 --> 22:51.480]  No, but I'd love to find out.
[22:51.480 --> 22:55.480]  You file a bar grievance against the lawyer in the state of Texas.
[22:55.480 --> 22:57.480]  Makes no difference what you file.
[22:57.480 --> 23:00.480]  You get a letter back from the state bar saying,
[23:00.480 --> 23:02.480]  We examined into your accusation.
[23:02.480 --> 23:06.480]  Find it does not rise to the level of misconduct.
[23:06.480 --> 23:10.480]  That is a good thing.
[23:10.480 --> 23:12.480]  It's a good thing.
[23:12.480 --> 23:17.480]  Is there their insurance carrier knows to borrow, throw it in the trash.
[23:17.480 --> 23:22.480]  So how is the insurance carrier to gauge this level of risk?
[23:22.480 --> 23:24.480]  By valid bar grievances.
[23:24.480 --> 23:26.480]  It's all in the trash.
[23:26.480 --> 23:28.480]  By the numbers.
[23:28.480 --> 23:33.480]  One bar grievance your first year of practice that canceled immediately.
[23:33.480 --> 23:36.480]  And it starts at 25 grand.
[23:36.480 --> 23:39.480]  To anyone year of practice that cancel.
[23:39.480 --> 23:44.480]  Three that cancel your law firm's malpractice insurance.
[23:44.480 --> 23:51.480]  Insurance adjusters are looking for a reason to raise your premiums.
[23:51.480 --> 23:58.480]  It's their job to charge the highest premium they can and then avoid paying claims.
[23:58.480 --> 24:04.480]  If you get a bar grievance and you don't notify your insurance carrier and you subsequently get sued,
[24:04.480 --> 24:08.480]  you're not covered.
[24:08.480 --> 24:12.480]  You bar agree that lawyer, he's got a tell on himself.
[24:12.480 --> 24:14.480]  What I should.
[24:14.480 --> 24:17.480]  Probably have two against this guy though.
[24:17.480 --> 24:21.480]  Oh yes, at least.
[24:21.480 --> 24:26.480]  I have someone last night.
[24:26.480 --> 24:29.480]  This Scarlett from California.
[24:29.480 --> 24:37.480]  How many bar grievances he had filed against this prosecutor and he said only eight.
[24:37.480 --> 24:40.480]  Oh my God.
[24:40.480 --> 24:43.480]  Okay, if you file a bar grievance against the lawyer,
[24:43.480 --> 24:51.480]  if he says one word to you or one word in front of you like in the court to the judge,
[24:51.480 --> 24:55.480]  you bar grieve him for that because he's forbidden to.
[24:55.480 --> 24:59.480]  I'm representing myself.
[24:59.480 --> 25:02.480]  That is the most powerful thing you can do.
[25:02.480 --> 25:10.480]  The only thing that comes close to that is a judicial conduct complaint against the judge.
[25:10.480 --> 25:16.480]  You got a district judge here and all of them aspire to the court of appeals.
[25:16.480 --> 25:18.480]  You bar grieve him.
[25:18.480 --> 25:20.480]  He's toast.
[25:20.480 --> 25:21.480]  I'm sorry.
[25:21.480 --> 25:23.480]  You filed a judicial conduct complaint.
[25:23.480 --> 25:30.480]  The judge is toast because you got a hundred district judges.
[25:30.480 --> 25:33.480]  They all want to be on the court of appeals.
[25:33.480 --> 25:43.480]  So how do you figure out which one and this goes to the Republican and Democrat party chairs.
[25:43.480 --> 25:50.480]  They're the ones who select who can, who the party will back.
[25:50.480 --> 25:52.480]  So they look at all the records.
[25:52.480 --> 25:54.480]  Oh, this guy's got a couple.
[25:54.480 --> 25:56.480]  Judicial conduct complaints against him.
[25:56.480 --> 25:59.480]  He's out of here.
[25:59.480 --> 26:07.480]  When you got a bunch of judges and they all have relatively the same record, how do you choose?
[26:07.480 --> 26:09.480]  You need something.
[26:09.480 --> 26:11.480]  Judicial conduct complaints.
[26:11.480 --> 26:12.480]  Great.
[26:12.480 --> 26:13.480]  You're out of here.
[26:13.480 --> 26:14.480]  Criminal complaints?
[26:14.480 --> 26:16.480]  You're toast.
[26:16.480 --> 26:18.480]  It's all politics.
[26:18.480 --> 26:29.480]  Ken Magnus, a friend of mine years ago, had a lawyer screwed him around, filed a bar grievance against him.
[26:29.480 --> 26:36.480]  Several years later, he was an election judge in Lewisville and the other election judge was ahead of a law firm.
[26:36.480 --> 26:40.480]  And they got to talking and they both knew this lawyer.
[26:40.480 --> 26:45.480]  This lawyer was trying to get on with this law firm.
[26:45.480 --> 26:49.480]  And Ken said he filed his bar grievance, but the bar didn't do anything.
[26:49.480 --> 26:50.480]  He didn't do any good.
[26:50.480 --> 27:01.480]  He said this lawyer leaned across the table and said, Mr. Magnuson, you heard him far more than you can imagine.
[27:01.480 --> 27:03.480]  Ooh.
[27:03.480 --> 27:05.480]  Bar grievances.
[27:05.480 --> 27:07.480]  Judicial conduct complaints.
[27:07.480 --> 27:13.480]  T closed complaints against police officers are really big deals.
[27:13.480 --> 27:22.480]  They're never going to say a word to you about it because they don't want you to know they're really big deals.
[27:22.480 --> 27:33.480]  When you go into court, you should have a set of blank bar grievances and blank judicial conduct complaints with you and lay them out on the table.
[27:33.480 --> 27:43.480]  Every time the judge does something you don't like, you start filling one out. Prosecutor says something you don't like, you fill one out.
[27:43.480 --> 27:46.480]  Oh, in this case, you have an opposing counsel.
[27:46.480 --> 27:49.480]  You start grieving counsel on the other side.
[27:49.480 --> 27:56.480]  Your wife won't be able to afford counsel.
[27:56.480 --> 28:04.480]  That's easy to say, I'm out of here. This guy's going to cost me my malpractice insurance.
[28:04.480 --> 28:12.480]  Then in order to hire another, and it's going to cost her so much, you can't afford it.
[28:12.480 --> 28:17.480]  You never win the case simply because you have the law and the facts on your side.
[28:17.480 --> 28:20.480]  Oh, I felt like that from the first hearing.
[28:20.480 --> 28:23.480]  I said, oh, boy, this is not what you want.
[28:23.480 --> 28:35.480]  Okay, you win your case if you have the politics on your side and you have the power to create more politics than anybody else in the courtroom.
[28:35.480 --> 28:39.480]  You can do this with impunity.
[28:39.480 --> 28:56.480]  You file a T-close complaint on a bailiff, and if any bailiff says anything that you don't like, you file against him accusing him of retaliating because you filed against the other one.
[28:56.480 --> 28:59.480]  Oh, these guys would be hopping up and down.
[28:59.480 --> 29:05.480]  They'll fall all over themselves to be somewhere where you're not.
[29:05.480 --> 29:12.480]  You have, you know, I don't suggest this out of meanness or maliciousness in any way at all.
[29:12.480 --> 29:18.480]  I want these guys to follow the rules. I want them doing it right.
[29:18.480 --> 29:24.480]  I never said you're just fighting an action against somebody who didn't do anything.
[29:24.480 --> 29:25.480]  No.
[29:25.480 --> 29:28.480]  But then I never have to. They do so much.
[29:28.480 --> 29:31.480]  That ain't that the truth? Yeah.
[29:31.480 --> 29:36.480]  Okay, hang on. About to go to work. Randy Kelton.
[29:36.480 --> 29:41.480]  Radio or call in number 512-646-1984.
[29:41.480 --> 29:45.480]  Got a few seconds. Do you have anything else for us on the other side, Jim?
[29:45.480 --> 29:49.480]  Yes, I do. I've got another talk about the just started.
[29:49.480 --> 30:02.480]  Hang on. We'll be right back.
[30:02.480 --> 30:06.480]  Ugg, folks hate Monday because it means the start of another work week.
[30:06.480 --> 30:11.480]  But there's one activity you can start on Monday that's likely to be a smashing success.
[30:11.480 --> 30:15.480]  I'm Dr. Catherine Albrecht and I'll be right back to tell you what it is.
[30:15.480 --> 30:20.480]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:20.480 --> 30:25.480]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.480 --> 30:30.480]  So protect your rights. Say no to surveillance and keep your information to yourself.
[30:30.480 --> 30:33.480]  Privacy, it's worth hanging on to.
[30:33.480 --> 30:36.480]  This public service announcement is brought to you by StartPage.com,
[30:36.480 --> 30:40.480]  the private search engine alternative to Google, Yahoo, and Bing.
[30:40.480 --> 30:44.480]  Start over with StartPage.
[30:44.480 --> 30:49.480]  Monday's diet is full of grace, but Tuesday's diet could be a disgrace.
[30:49.480 --> 30:56.480]  A study in Britain shows that people who started dieting on a Tuesday were the most likely to lose their resolve within a week
[30:56.480 --> 30:58.480]  and end up heavier than when they started.
[30:58.480 --> 31:00.480]  Friday was another bad weight loss day.
[31:00.480 --> 31:06.480]  More than half of the 2,000 people surveyed ditched their diets on Friday after a stressful week at work.
[31:06.480 --> 31:08.480]  What were the good dieting days?
[31:08.480 --> 31:15.480]  People who started their diets on Sunday and Monday were far more likely to shed the most weight and keep the weight off.
[31:15.480 --> 31:20.480]  So maybe Fleetwood Mac had it right when they sang, Monday morning you sure looked fine.
[31:20.480 --> 31:39.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:51.480 --> 31:57.480]  Call 888-910-4367 and see what our powder seeds and oil can do for you.
[31:57.480 --> 32:25.480]  Only at SinceUSA.org.
[32:57.480 --> 33:25.480]  Live Free Speech Radio, LogosRadioNetwork.com.
[33:25.480 --> 33:27.480]  Okay, we are back.
[33:27.480 --> 33:30.480]  Randy Kelton with our radio and we're talking to Jim in Texas.
[33:30.480 --> 33:33.480]  Okay Jim, you have another issue.
[33:33.480 --> 33:35.480]  Okay, more fun.
[33:35.480 --> 33:38.480]  Different county, different court.
[33:38.480 --> 33:42.480]  Trying to be your own lawyer is costly.
[33:42.480 --> 33:48.480]  So I decided that I would...
[33:48.480 --> 33:52.480]  Well, let's just say that my car is paid for.
[33:52.480 --> 33:56.480]  But the company financing it doesn't quite see it that way.
[33:56.480 --> 33:58.480]  That'll save some time.
[33:58.480 --> 34:05.480]  So they sent, after six months of differences, seven, eight months of differences, how long this has been,
[34:05.480 --> 34:10.480]  they decided that I was wrong and they would sue me for the car.
[34:10.480 --> 34:12.480]  So they sent somebody to summons.
[34:12.480 --> 34:15.480]  Well, the summons over and I opened the door and I said, okay.
[34:15.480 --> 34:16.480]  I refused to sign it.
[34:16.480 --> 34:17.480]  They handed it to me.
[34:17.480 --> 34:18.480]  They left.
[34:18.480 --> 34:20.480]  I took the papers down to the court within three days.
[34:20.480 --> 34:23.480]  Road across the front of them will not contract with you.
[34:23.480 --> 34:26.480]  I do not consent, et cetera, et cetera.
[34:26.480 --> 34:27.480]  Have a nice day.
[34:27.480 --> 34:28.480]  Handed it to her.
[34:28.480 --> 34:29.480]  She said, is this really what you're going to do?
[34:29.480 --> 34:31.480]  And I said, absolutely.
[34:31.480 --> 34:33.480]  And left.
[34:33.480 --> 34:39.480]  And so in the same package, they had a writ of sequestration.
[34:39.480 --> 34:44.480]  Well, I had written the same thing across from that also.
[34:44.480 --> 34:50.480]  So Tuesday, somebody's beating on my door after, oh, God, not again.
[34:50.480 --> 34:54.480]  And so I looked out and, you know, nice man there with a gun and a badge and a hat.
[34:54.480 --> 34:56.480]  And I said, oh, no, I need some of the door.
[34:56.480 --> 34:57.480]  I'm done with you people.
[34:57.480 --> 34:59.480]  So he leaves.
[34:59.480 --> 35:02.480]  So he calls and I don't return his call.
[35:02.480 --> 35:07.480]  So he's back beating on the door today and they're going to move this thing forward.
[35:07.480 --> 35:11.480]  So what would you suggest I do at this point?
[35:11.480 --> 35:14.480]  I'm ready to have some fun with him.
[35:14.480 --> 35:19.480]  It's really, you know, I think I've deflected.
[35:19.480 --> 35:21.480]  Now, wait a minute.
[35:21.480 --> 35:25.480]  Why was the officer beating on your door?
[35:25.480 --> 35:27.480]  He wants to serve me again.
[35:27.480 --> 35:28.480]  They're going to go with that.
[35:28.480 --> 35:32.480]  They want to take this.
[35:32.480 --> 35:36.480]  He's already served you once.
[35:36.480 --> 35:38.480]  I agree.
[35:38.480 --> 35:41.480]  Yeah, so that service.
[35:41.480 --> 35:42.480]  Okay.
[35:42.480 --> 35:47.480]  Without taking on the police, bar grieve the lawyer on the other side.
[35:47.480 --> 35:49.480]  Okay.
[35:49.480 --> 35:55.480]  That's, that's for starters.
[35:55.480 --> 36:07.480]  If you take this, you know, if you don't fight them in court, they'll go in, they'll get an order and then they'll want to come and take your car.
[36:07.480 --> 36:08.480]  Yeah.
[36:08.480 --> 36:09.480]  Take it off.
[36:09.480 --> 36:10.480]  Take them on.
[36:10.480 --> 36:12.480]  Make it cost them a lot of money.
[36:12.480 --> 36:13.480]  I'm ready.
[36:13.480 --> 36:14.480]  I'm fine.
[36:14.480 --> 36:15.480]  I've had it.
[36:15.480 --> 36:16.480]  Yeah.
[36:16.480 --> 36:17.480]  Let's do it.
[36:17.480 --> 36:18.480]  This one's easier.
[36:18.480 --> 36:22.480]  You know, you're not, your liberties are not at risk or anything like that.
[36:22.480 --> 36:28.480]  So the first thing you should do is counter sue.
[36:28.480 --> 36:29.480]  Okay.
[36:29.480 --> 36:36.480]  If, if you don't really owe it and they're trying to collect a bet and get out the fair debt collections practices act.
[36:36.480 --> 36:39.480]  It's only about 10 or 12 pages.
[36:39.480 --> 36:40.480]  Go to that.
[36:40.480 --> 36:41.480]  I have it memorized.
[36:41.480 --> 36:42.480]  I could read it to you.
[36:42.480 --> 36:44.480]  Oh, okay.
[36:44.480 --> 36:55.480]  Then see if you can, see if you can, you know, see if you can calm them into violating something in it and then charge them with it.
[36:55.480 --> 37:01.480]  And just, you can counter sue on that in this court.
[37:01.480 --> 37:07.480]  This court can hear it unless the other side moves it out to the federal court.
[37:07.480 --> 37:14.480]  You can keep these guys in court and have, and this is the cheapest legal education you can get.
[37:14.480 --> 37:18.480]  You can bark even once a week.
[37:18.480 --> 37:22.480]  You start judicial conduct complaints against the judge.
[37:22.480 --> 37:23.480]  Wait a minute.
[37:23.480 --> 37:27.480]  They, they filed in a different county.
[37:27.480 --> 37:30.480]  How did they get venue in the other county?
[37:30.480 --> 37:35.480]  Well, I used to live in Fannin when I was married to my ex-wife.
[37:35.480 --> 37:43.480]  And then I moved to Grayson County where this took place about three years ago.
[37:43.480 --> 37:45.480]  And your address is in Grayson County.
[37:45.480 --> 37:49.480]  Where is this company out of us?
[37:49.480 --> 37:52.480]  Dallas, excuse me, out of Denton, but the lawyer's out of Dallas.
[37:52.480 --> 37:53.480]  The county's out of Denton.
[37:53.480 --> 37:56.480]  So Denton County.
[37:56.480 --> 37:59.480]  How did they get to Fannin?
[37:59.480 --> 38:03.480]  Oh, you used to live in Fannin?
[38:03.480 --> 38:07.480]  I used to live in Fannin when I was married.
[38:07.480 --> 38:09.480]  The divorce was in Fannin.
[38:09.480 --> 38:14.480]  Is that when you got the loan on the car?
[38:14.480 --> 38:15.480]  No.
[38:15.480 --> 38:20.480]  I lived in Grayson County when I got the loan on the car.
[38:20.480 --> 38:25.480]  They don't have any jurisdiction.
[38:25.480 --> 38:35.480]  Okay, you need to file a challenge subject matter jurisdiction in the court.
[38:35.480 --> 38:40.480]  You don't always blame the courts because they're not always the bad guys.
[38:40.480 --> 38:48.480]  This is civil, so, and if it's not like a mortgage where the judges get paid off,
[38:48.480 --> 38:50.480]  these are relatively small things.
[38:50.480 --> 38:56.480]  It's a great time to learn how to maneuver in the system.
[38:56.480 --> 39:02.480]  File a challenge to subject matter jurisdiction, special appearance.
[39:02.480 --> 39:06.480]  In Texas, this goes to in person jurisdiction.
[39:06.480 --> 39:12.480]  The judge in Fannin County has no in person jurisdiction over you.
[39:12.480 --> 39:15.480]  And he should know that.
[39:15.480 --> 39:16.480]  They know that.
[39:16.480 --> 39:17.480]  They think I don't.
[39:17.480 --> 39:21.480]  That's why I want to make sure I do this right because I think I've got them and I've got them good.
[39:21.480 --> 39:23.480]  Very good.
[39:23.480 --> 39:26.480]  You might sue the judge.
[39:26.480 --> 39:29.480]  All the time I've got them.
[39:29.480 --> 39:35.480]  You know, one of my rules is never give fair warning.
[39:35.480 --> 39:36.480]  Correct.
[39:36.480 --> 39:38.480]  Never give legal advice.
[39:38.480 --> 39:46.480]  If you ever try to tell somebody this is my right and this is what you're supposed to do,
[39:46.480 --> 39:51.480]  they will always treat that as a threat.
[39:51.480 --> 39:54.480]  So, never give fair warning.
[39:54.480 --> 39:58.480]  Bushwack is so much better.
[39:58.480 --> 40:05.480]  File a suit against the judge for acting without subject matter jurisdiction.
[40:05.480 --> 40:09.480]  He'll get apoplexy.
[40:09.480 --> 40:12.480]  Well, I think I can do that in both counties.
[40:12.480 --> 40:20.480]  Now, I've challenged jurisdiction in open court in Fannin County and it was ignored.
[40:20.480 --> 40:22.480]  It was blew right through.
[40:22.480 --> 40:29.480]  Who, wait a minute, what went on in Fannin County that you challenged subject matter jurisdiction on?
[40:29.480 --> 40:31.480]  Let me kind of give you a timeline.
[40:31.480 --> 40:34.480]  The first hearing, of course, I didn't know what I had come into.
[40:34.480 --> 40:36.480]  I thought I was going into what I did.
[40:36.480 --> 40:43.480]  So, the second hearing, we're going to have this hearing about, I was going to defend myself.
[40:43.480 --> 40:45.480]  I actually had some witnesses there and everything else.
[40:45.480 --> 40:51.480]  But a few days before what we had done, I was supposed to be writing a temporary order for me with the opposing council,
[40:51.480 --> 40:54.480]  which means the opposing council writes the temporary orders.
[40:54.480 --> 40:55.480]  I get screwed.
[40:55.480 --> 40:57.480]  Everybody's happy except me.
[40:57.480 --> 40:59.480]  That's what this was working out to be.
[40:59.480 --> 41:01.480]  And they had told me that I had to have a mental...
[41:01.480 --> 41:02.480]  Wait, wait, wait.
[41:02.480 --> 41:04.480]  What was this case about?
[41:04.480 --> 41:06.480]  Fannin County's divorce.
[41:06.480 --> 41:10.480]  Grayson County is repossession of, they're trying to repossess a vehicle.
[41:10.480 --> 41:11.480]  Oh, okay.
[41:11.480 --> 41:13.480]  Okay, so the divorce was in Fannin.
[41:13.480 --> 41:15.480]  Okay, so that's why they filed in Fannin.
[41:15.480 --> 41:17.480]  Oh, wonderful.
[41:17.480 --> 41:26.480]  If you filed a challenge subject matter jurisdiction and they didn't answer it and the judge didn't prove up jurisdiction, sue him.
[41:26.480 --> 41:30.480]  Well, I did it in open court and they wouldn't speak it.
[41:30.480 --> 41:31.480]  They didn't speak it.
[41:31.480 --> 41:32.480]  So, yeah.
[41:32.480 --> 41:35.480]  Then sue, then file suit against the judge.
[41:35.480 --> 41:36.480]  File that.
[41:36.480 --> 41:53.480]  Send me an email, randy at ruleoflawradio.com, and I'll send you my subject matter jurisdiction challenges as all the case law in there that says once jurisdiction is challenged, jurisdiction is lost.
[41:53.480 --> 41:57.480]  Must be proven.
[41:57.480 --> 42:00.480]  So, it doesn't matter if they had it or not.
[42:00.480 --> 42:01.480]  Okay.
[42:01.480 --> 42:04.480]  If they didn't prove it, they waived it.
[42:04.480 --> 42:05.480]  Okay.
[42:05.480 --> 42:08.480]  So, you sue them based on that.
[42:08.480 --> 42:11.480]  They're going to throw the suit out because they're all corrupt.
[42:11.480 --> 42:12.480]  We don't care.
[42:12.480 --> 42:15.480]  We sue the judge personally.
[42:15.480 --> 42:20.480]  And the prosecuting attorney is going to represent the judge.
[42:20.480 --> 42:25.480]  The county or the state will pay the prosecutor to represent the judge.
[42:25.480 --> 42:27.480]  Then you sue the prosecutor.
[42:27.480 --> 42:34.480]  We did this in Austin, guy gets sued over a credit card issue with the JP.
[42:34.480 --> 42:43.480]  And we filed a challenge subject matter jurisdiction and sued the judge for acting without subject matter jurisdiction.
[42:43.480 --> 42:49.480]  Because when he filed, there was an affidavit that was supposed to be filed with the suit and there was no affidavit.
[42:49.480 --> 42:57.480]  So, the petition was insufficient to invoke subject matter jurisdiction law of the court as a matter of law.
[42:57.480 --> 42:59.480]  So, we sued the judge.
[42:59.480 --> 43:04.480]  The judge gets the county attorney to file an answer.
[43:04.480 --> 43:09.480]  So, we sued the county attorney for misappropriation of public funds.
[43:09.480 --> 43:14.480]  Oh, that was so much fun.
[43:14.480 --> 43:22.480]  Well, I probably would have happened here because I'm sure they'll do something like that, of course.
[43:22.480 --> 43:23.480]  Oh, yeah.
[43:23.480 --> 43:24.480]  Plan on it.
[43:24.480 --> 43:26.480]  Then you get to go after the prosecutor.
[43:26.480 --> 43:32.480]  You'll get everybody mad at this judge.
[43:32.480 --> 43:33.480]  That's good to me.
[43:33.480 --> 43:34.480]  Okay.
[43:34.480 --> 43:35.480]  Is that all you have?
[43:35.480 --> 43:37.480]  We're about to go to break again.
[43:37.480 --> 43:38.480]  Let's go to break.
[43:38.480 --> 43:40.480]  I'll send you an email and then we can go from there.
[43:40.480 --> 43:43.480]  Maybe talk again on the next show.
[43:43.480 --> 43:44.480]  Okay.
[43:44.480 --> 43:45.480]  Thank you, Jim.
[43:45.480 --> 43:46.480]  Now, this is Randy Kelton.
[43:46.480 --> 43:48.480]  We have a lot of radio.
[43:48.480 --> 43:51.480]  I call in number 512-646-1984.
[43:51.480 --> 44:20.480]  We'll be right back.
[44:21.480 --> 44:31.480]  We'll be right back.
[44:51.480 --> 45:16.480]  We'll be right back.
[45:16.480 --> 45:42.480]  We'll be right back.
[45:42.480 --> 46:00.480]  We'll be right back.
[46:12.480 --> 46:30.480]  Okay.
[46:30.480 --> 46:31.480]  We are back.
[46:31.480 --> 46:37.480]  Randy Kelton with our radio and we're talking to Jim.
[46:37.480 --> 46:41.480]  Now, we're going to Dan in North Dakota.
[46:41.480 --> 46:42.480]  Hello, Dan.
[46:42.480 --> 46:43.480]  Hello, Randy.
[46:43.480 --> 46:44.480]  I was listening.
[46:44.480 --> 46:51.480]  I had a suggestion for the guy that was going to lose his real estate to a sale on a day
[46:51.480 --> 46:52.480]  or two.
[46:52.480 --> 46:53.480]  Uh-huh.
[46:53.480 --> 46:55.480]  The situation happened to me like that night.
[46:55.480 --> 47:01.480]  What I did was file bankruptcy and then when you're in bankruptcy, you can file an adversary
[47:01.480 --> 47:03.480]  proceeding and it worked.
[47:03.480 --> 47:08.480]  Give discovery and interrogation.
[47:08.480 --> 47:18.480]  I only suggest bankruptcy if the sheriff is coming to haul you out of the house in the
[47:18.480 --> 47:19.480]  morning.
[47:19.480 --> 47:25.480]  You go file bankruptcy today and that gets you your 30-day stay, automatic stay.
[47:25.480 --> 47:29.480]  There's a lot of other stuff you can do before bankruptcy.
[47:29.480 --> 47:34.480]  So the situation isn't that higher than okay?
[47:34.480 --> 47:39.480]  The first thing I tend to suggest is a quiet title action.
[47:39.480 --> 47:45.480]  That's why I ask him to pull all the records from the county recorder's office.
[47:45.480 --> 47:50.480]  I'm going to look for an assignment of the security instrument.
[47:50.480 --> 47:56.480]  I look for the first assignment and then I go back and check the original lender.
[47:56.480 --> 48:00.480]  How long has the original lender been in business?
[48:00.480 --> 48:03.480]  Is the original lender still in business?
[48:03.480 --> 48:06.480]  And if he's not, when did he go out of business?
[48:06.480 --> 48:12.480]  Did he go out of business before this assignment?
[48:12.480 --> 48:21.480]  If he did, and I find this extremely often, that this is what he referred to as the vampire
[48:21.480 --> 48:22.480]  lenders.
[48:22.480 --> 48:30.480]  That the lender dies and then he rises up from the grave and orders his agent to transfer
[48:30.480 --> 48:34.480]  his assets to some other third party.
[48:34.480 --> 48:43.480]  Well, when there's a lien against a piece of property, if the lien holder dies without
[48:43.480 --> 48:48.480]  transferring his lien to somebody else, the lien dies with him.
[48:48.480 --> 48:51.480]  So that's the first claim I want to make.
[48:51.480 --> 48:55.480]  Generally, I can always find a quiet title claim.
[48:55.480 --> 49:00.480]  Quiet title claim, you can keep that in court two or three years.
[49:00.480 --> 49:02.480]  When lose, you don't care.
[49:02.480 --> 49:04.480]  You keep it in court two or three years.
[49:04.480 --> 49:12.480]  When you take the money, you would be paying for your monthly payment and put it in a bank.
[49:12.480 --> 49:15.480]  Do it religiously.
[49:15.480 --> 49:18.480]  So you build up this stack of cash.
[49:18.480 --> 49:25.480]  And then the next thing I want to look at is I want to evaluate what they're actually
[49:25.480 --> 49:27.480]  charging you.
[49:27.480 --> 49:34.480]  I built this huge spreadsheet that I use where I plug in all the numbers off of the HUB1
[49:34.480 --> 49:40.480]  settlement statement and then run a calculation to determine what your payment should be,
[49:40.480 --> 49:45.480]  compare the payment, what the payment should be, what the payment actually is.
[49:45.480 --> 49:50.480]  And about 2% of the time, they match.
[49:50.480 --> 49:54.480]  The rest of the time, they're dramatically different.
[49:54.480 --> 50:00.480]  And then I run a calculation over the whole term of the note to find out how much you would
[50:00.480 --> 50:03.480]  overpay or underpay.
[50:03.480 --> 50:07.480]  Either one is bad as the other.
[50:07.480 --> 50:12.480]  If you're overpaying the stealing money from you, if you're underpaying, what they're going
[50:12.480 --> 50:17.480]  to do is they're going to let you underpay just a little bit at a time.
[50:17.480 --> 50:23.480]  And then once you've built up some serious equity in the property, then they're going
[50:23.480 --> 50:25.480]  to watch for two slow pays in a row.
[50:25.480 --> 50:31.480]  Then they're going to come to you and say, oh my goodness, bank error, we made a mistake.
[50:31.480 --> 50:37.480]  You owe us $20,000 and we're going to foreclose tomorrow.
[50:37.480 --> 50:38.480]  They do this all the time.
[50:38.480 --> 50:41.480]  It's one of the dirty rotten tricks they pull.
[50:41.480 --> 50:52.480]  So if the amounts they're charging does not reflect the amount agreed to on the note itself,
[50:52.480 --> 50:55.480]  we sue for fraud.
[50:55.480 --> 50:57.480]  Did that make sense?
[50:57.480 --> 50:59.480]  Yes, it does.
[50:59.480 --> 51:02.480]  I thought the situation was there was a share of sale and there too.
[51:02.480 --> 51:05.480]  I must admit it's under her.
[51:05.480 --> 51:09.480]  Yeah, the share of sale, he still got time.
[51:09.480 --> 51:16.480]  They do the share of sale and then they have to give him a notice to vacate and he ignores
[51:16.480 --> 51:24.480]  that and then they have to file a petition for eviction and give him notice, give him
[51:24.480 --> 51:28.480]  time to file a response and then they hold a hearing.
[51:28.480 --> 51:30.480]  That'll take two or three weeks.
[51:30.480 --> 51:33.480]  So he's got time and eviction?
[51:33.480 --> 51:34.480]  Yeah.
[51:34.480 --> 51:39.480]  So the constable's not coming tomorrow so he's got enough time to get a quiet tidal
[51:39.480 --> 51:44.480]  in and a motion for preliminary injunction.
[51:44.480 --> 51:52.480]  Once you file an action, even if a third party's bought it, they will seldom move ahead.
[51:52.480 --> 52:01.480]  And if they try to move ahead, then you can petition the justice of the peace for an abatement
[52:01.480 --> 52:06.480]  until the district court issue is adjudicated.
[52:06.480 --> 52:13.480]  If the purchaser tries to move ahead, I see the purchaser for fraud.
[52:13.480 --> 52:19.480]  If the claim I have is apparent in the public record.
[52:19.480 --> 52:27.480]  If I have a quiet tidal action and they're saying it's based on an assignment issued
[52:27.480 --> 52:32.480]  after the original lender went out of business, that's apparent in the public record
[52:32.480 --> 52:35.480]  and he has imputed knowledge of it.
[52:35.480 --> 52:41.480]  So I sue him and then I can get the restraining order.
[52:41.480 --> 52:45.480]  Then you can keep that in court three to five years easy.
[52:45.480 --> 52:54.480]  I just helped a guy file a certiori to the Supreme asking the Supreme to distinguish
[52:54.480 --> 53:03.480]  Jezanowski. Jezanowski was the case where someone filed a notice of rescission
[53:03.480 --> 53:09.480]  within the three-year time limit the last day.
[53:09.480 --> 53:19.480]  And they claimed that at closing, the bank only gave them one notice of their right to rescind not two
[53:19.480 --> 53:22.480]  since there were two people on the mortgage.
[53:22.480 --> 53:28.480]  About as nitpicking as you can get and filed it at the last moment.
[53:28.480 --> 53:32.480]  Somehow Wells Fargo let this get all the way to the Supreme
[53:32.480 --> 53:37.480]  and the Supreme dropped the sky on the bank's concerning rescission.
[53:37.480 --> 53:45.480]  Well, in this case, he filed a notice of rescission outside the statutory time limit
[53:45.480 --> 53:47.480]  and the bank ignored it.
[53:47.480 --> 53:51.480]  I see the letter said they denied the rescission.
[53:51.480 --> 53:56.480]  Well, Jezanowski said that once you give a notice of rescission,
[53:56.480 --> 54:01.480]  rescission is accomplished and even you can't undo it.
[54:01.480 --> 54:05.480]  So they saw that it was out of time and just ignored it.
[54:05.480 --> 54:14.480]  Well, what the code says is that statute of limitations is not a bar.
[54:14.480 --> 54:17.480]  It is an affirmative defense.
[54:17.480 --> 54:23.480]  Well, they had an affirmative defense of statute of limitations, but they didn't raise it.
[54:23.480 --> 54:33.480]  So in my search, I asked the court to distinguish Jezanowski
[54:33.480 --> 54:45.480]  and say that rescission was accomplished and that the bank had 20 days in which to file an opposition.
[54:45.480 --> 54:51.480]  But since they failed to do so, the fact that the rescission was out of time is irrelevant.
[54:51.480 --> 54:59.480]  That statute of limitations is an affirmative defense and not a bar.
[54:59.480 --> 55:07.480]  And I also asked him to distinguish Jezanowski saying that once a notice of default is filed,
[55:07.480 --> 55:18.480]  if you can show more than $35 overpay, overcharges, the right to rescind is reinvigorated.
[55:18.480 --> 55:26.480]  Seven years, this guy's been in court.
[55:26.480 --> 55:28.480]  Not bad.
[55:28.480 --> 55:35.480]  I just had one in California, seven years in court, six years.
[55:35.480 --> 55:40.480]  The California Supreme denied his cert and he sold the property.
[55:40.480 --> 55:52.480]  He bought the property for $350,000, lived in it for six years, paying nothing, sold it for $850,000.
[55:52.480 --> 55:57.480]  He did all right.
[55:57.480 --> 56:03.480]  So the best you, you almost never win a foreclosure suit.
[56:03.480 --> 56:07.480]  The judge has been bought and paid for.
[56:07.480 --> 56:18.480]  However, if you do it right, put the money you would pay on the mortgage in the bank religiously,
[56:18.480 --> 56:25.480]  hold them off for five to seven years and then go to them with this water cash saying let's make a deal.
[56:25.480 --> 56:35.480]  You give me a deal, I'll drop my lawsuit. I had a guy in San Diego, not San Diego, no, not Sacramento.
[56:35.480 --> 56:40.480]  They said he owed $350,000.
[56:40.480 --> 56:48.480]  We sued, they fought us for a while, then they came to him and said, I tell you what, let's make a deal.
[56:48.480 --> 56:57.480]  We'll drop all these late charges and attorney fees and we'll reduce your mortgage to $150,000
[56:57.480 --> 57:03.480]  and cut your interest from like 7% down to 2.5%.
[57:03.480 --> 57:11.480]  He said, let me think about it, but he said he nearly sprayed his wrist sliding the document.
[57:11.480 --> 57:15.480]  Best you can hope for is to make a deal.
[57:15.480 --> 57:18.480]  Don't go into one of these thinking you're going to win it.
[57:18.480 --> 57:29.480]  Go and decide before you step in the door what for me would be an acceptable outcome.
[57:29.480 --> 57:36.480]  Once you know what an acceptable outcome is, now you know when you're ahead and when you're behind.
[57:36.480 --> 57:46.480]  And when you get ahead, consider making a deal, do not take it to the courts, they're all bought and paid for, they'll screw you.
[57:46.480 --> 57:49.480]  That's my story and I'm sticking to it.
[57:49.480 --> 57:54.480]  Okay, I guess that's all I had.
[57:54.480 --> 57:56.480]  Okay, thank you.
[57:56.480 --> 58:04.480]  This is Randy Kelton, we've got Oliver and Chris, we'll pick you up on the other side.
[58:04.480 --> 58:06.480]  This is the top of the hour break.
[58:06.480 --> 58:16.480]  It's a good time to go to Logos Radio Network and check out Dr. Gray's Jurisdictionary and Eddie's Traffic Seminar, my ebook.
[58:16.480 --> 58:25.480]  These will show you how the system really works and give you a way to secure remedy.
[58:25.480 --> 58:33.480]  And it's a very small price, it'll tell you things that the lawyer doesn't know, they certainly don't teach it in law school.
[58:33.480 --> 58:37.480]  And it'll also help support this radio station.
[58:37.480 --> 59:04.480]  We'll be right back.
[59:07.480 --> 59:14.480]  We'll be right back.
[59:37.480 --> 59:49.480]  That's 888-551-0102 or visit us online at bfa.org.
[01:00:07.480 --> 01:00:33.480]  Today in history, the year 1938, an unprecedented swarm of grasshoppers descends on crops throughout the American heartland, devastating millions of acres.
[01:00:33.480 --> 01:00:41.480]  Iowa, Nebraska and South Dakota, already in the midst of a bad drought, suffered the most from this grasshopper disaster.
[01:00:41.480 --> 01:00:46.480]  Today in history.
[01:00:46.480 --> 01:01:01.480]  Today in recent years, yesterday, Tuesday, police chiefs from three of the five biggest cities in the state spoke out at the Texas Capitol against the transgender bathroom bill being considered by the Republican legislator as discriminatory and in divergence of resources that won't keep people safe.
[01:01:01.480 --> 01:01:12.480]  The police chiefs were joined by public school officials, advocates for sexual assault survivors, representatives from the Harris County and El Paso Sheriff's offices, the Corpus Christi Iside chief of police and others.
[01:01:12.480 --> 01:01:29.480]  The biggest issue, as Austin police chief Brian Manley put it, is that if, quote, a bill like this were to be passed, that would pull police officers time away from combating violent crime into enforcing a bathroom bill and makes communities less safe since it is time not spent ensuring community safety.
[01:01:29.480 --> 01:01:44.480]  This legislation would restrict bathroom use in schools and local government buildings by superseding and nullifying parts of local non-discrimination ordinances meant to allow transgender residents, which make up less than 1% of the population, the claim to use the public bathroom of their choice.
[01:01:44.480 --> 01:01:55.480]  The bill did pass just after midnight last night. The Senate voted 21-10 and it now goes to the House for consideration.
[01:01:55.480 --> 01:02:12.480]  An information technology staffer for former chairwoman of the Democratic National Committee, Representative Debbie Wasserman Schultz, Democrat from Florida, Imran Awan, a 37-year-old, was arrested on Monday by FBI agents in U.S. Capitol Police at Dulies International Airport while attempting to flee to Lahore, Pakistan.
[01:02:12.480 --> 01:02:32.480]  He was charged with big fraud in the U.S. District Court on Tuesday where he pleaded not guilty. According to federal court documents, officials are accusing Awan and his wife, Kina Avi, of defrauding the Congressional Federal Credit Union of $155,000 by lying on a home equity loan application and not listing the home that they were getting the loan for as a rental property.
[01:02:32.480 --> 01:02:51.480]  Awan was released and is under a high-intensity supervision program with his hearing scheduled for the 21st of August. Awan's lawyer, Christopher Cohen, said that the charges are politically motivated and, quote, began as part of a frenzy of anti-Muslim bigotry in the literal heart of our democracy, the House of Representatives.
[01:02:51.480 --> 01:03:03.480]  This was real story with your lowdown for July 26, 2017.
[01:03:21.480 --> 01:03:36.480]  Okay, we are back. Randy Kelton, Rue Lauderdale, and we're going to Olivier in Tennessee. Hello, Olivier.
[01:03:36.480 --> 01:03:52.480]  There you are. Okay, I understand that you're getting the rules changed in Tennessee.
[01:03:52.480 --> 01:04:06.480]  I'm not 100% sure, but it's a coincidence that everything is turned around as soon as I start trying to address the issues.
[01:04:06.480 --> 01:04:10.480]  Can we kind of explain what occurred?
[01:04:10.480 --> 01:04:28.480]  One day I went to court about two, three weeks ago, helping out, going to court with Troy, and we went downstairs saying we filed for paperwork, and we were about to leave, and the clerk stopped us and told us that some new rules came in.
[01:04:28.480 --> 01:04:42.480]  And, you know, we're in our own little zone, not really understanding what they're trying to tell us, but it was like, hey, y'all need to pay attention.
[01:04:42.480 --> 01:04:49.480]  We got some new rules coming up, and I think y'all would be very interested to go look at it, but we're like, huh, new rules, what you mean?
[01:04:49.480 --> 01:05:04.480]  Appeals court, yes, some new rules coming in, and the court processes and everything, and one of the rules is that no more filing appeals in the circuit court.
[01:05:04.480 --> 01:05:10.480]  All appeals have to be sent to the appeals court.
[01:05:10.480 --> 01:05:20.480]  All notices or appeals start in 30 days after the new process date.
[01:05:20.480 --> 01:05:34.480]  She said that there's a lot more court rules in there, but we know you fellows are Adam, so we figured we'll tell you about the rules so we know you're going to need them.
[01:05:34.480 --> 01:05:40.480]  So we're like, okay, thank you, we're trying to understand each other, like, man, what's going on?
[01:05:40.480 --> 01:05:58.480]  Okay, thank you, new rules, we got to go look at this, but we never, you know, we're busy and trying to put things together, we haven't had time to go over the rules yet.
[01:05:58.480 --> 01:06:08.480]  Didn't you go over some of the rules just recently?
[01:06:08.480 --> 01:06:12.480]  Did we lose you, Olivier?
[01:06:12.480 --> 01:06:17.480]  Okay, Olivier, it sounds like Pius, yeah, we lost him, he dropped off.
[01:06:17.480 --> 01:06:21.480]  Okay, I'm sure he'll call right back.
[01:06:21.480 --> 01:06:25.480]  We're going to go to Chris in Texas, hello, Chris.
[01:06:25.480 --> 01:06:33.480]  Oh, wait, wait, hold on, Olivier's back, let's finish up with him first.
[01:06:33.480 --> 01:06:36.480]  Okay, if I can get him unmuted, there you go.
[01:06:36.480 --> 01:06:38.480]  Okay, Olivier, you're back.
[01:06:38.480 --> 01:06:41.480]  Okay, right, so I contacted the appeals court.
[01:06:41.480 --> 01:06:49.480]  The appeals court notified me that I talked to the clerk about what the rules that the ruling that I got on my case.
[01:06:49.480 --> 01:06:58.480]  And the clerk told, notified me, oh, there's a new rule that you don't have 30 days anymore to file a notice to reconsider.
[01:06:58.480 --> 01:07:02.480]  You only have 10 days.
[01:07:02.480 --> 01:07:05.480]  There's new rules about the LAO.
[01:07:05.480 --> 01:07:06.480]  Great, thank you.
[01:07:06.480 --> 01:07:09.480]  And then she said, oh, there's also a new rule.
[01:07:09.480 --> 01:07:15.480]  He said, yeah, they also did away with that bond issue that you had.
[01:07:15.480 --> 01:07:17.480]  I said, what did you just say?
[01:07:17.480 --> 01:07:22.480]  She said, yeah, there's no more bond for appealing cases.
[01:07:22.480 --> 01:07:26.480]  I said, there's no more bond for appealing cases.
[01:07:26.480 --> 01:07:28.480]  He said, yep, they did away with that.
[01:07:28.480 --> 01:07:29.480]  He lied first.
[01:07:29.480 --> 01:07:42.480]  I'm sitting here like, like, we're going crazy because they denied me and Charles Luzano's case saying that we're not indigent trying to force us to pay bond.
[01:07:42.480 --> 01:07:51.480]  And now the Supreme Court does rip that option straight out of their hands.
[01:07:51.480 --> 01:07:55.480]  And that's after you filed against them for that, isn't it?
[01:07:55.480 --> 01:07:56.480]  Yeah.
[01:07:56.480 --> 01:07:58.480]  Yeah, we adjusted.
[01:07:58.480 --> 01:08:02.480]  I just did them about that a little over a month and a half ago.
[01:08:02.480 --> 01:08:03.480]  Oh, yeah.
[01:08:03.480 --> 01:08:05.480]  A month ago.
[01:08:05.480 --> 01:08:17.480]  It's a good bet that these, your cases were brought to their attention and they looked at it.
[01:08:17.480 --> 01:08:34.480]  And with all the cases you've been filing, the Supreme probably saw a firestorm coming and sent these new rulings to avoid what they thought you were bringing at them.
[01:08:34.480 --> 01:08:40.480]  We can have a lot of effects and this is an indication.
[01:08:40.480 --> 01:08:56.480]  Or they are allowing the firestorm to come because everything that the Supreme Court ruling is, everything that they're doing is making the road easier for me to bring my issues to them.
[01:08:56.480 --> 01:09:12.480]  It establishes that the practice was improper, even if it was authorized, you can claim that the way it was done was improper.
[01:09:12.480 --> 01:09:18.480]  And that's why the Supreme changed the rules.
[01:09:18.480 --> 01:09:21.480]  So it lends credence to your argument.
[01:09:21.480 --> 01:09:22.480]  Right.
[01:09:22.480 --> 01:09:40.480]  And I didn't notice because you know when you're in one of those moments when something is telling you to pay attention but you just don't know what it is, when those clerks was telling us about the rules, the clerks knew.
[01:09:40.480 --> 01:09:48.480]  I think the clerks knew about it because the clerks were there when the judges were unlawfully denying our cases and doing all these things.
[01:09:48.480 --> 01:09:50.480]  They were witnesses.
[01:09:50.480 --> 01:09:56.480]  So now they were witnesses to see us still there continuing and fighting.
[01:09:56.480 --> 01:09:58.480]  And now these new rules come in.
[01:09:58.480 --> 01:10:12.480]  So now they're like, oh, y'all, I think they were telling us like, hey, you need to go look at what y'all are doing or something happened that's going to help y'all.
[01:10:12.480 --> 01:10:28.480]  My question was, what is it going to do to the fact that they denied our cases on those issues and now we don't need bonds for cost anymore?
[01:10:28.480 --> 01:10:36.480]  They're going to say that at the time they could charge the bond.
[01:10:36.480 --> 01:10:38.480]  Okay, but we were indigent.
[01:10:38.480 --> 01:10:42.480]  Now that's a different issue.
[01:10:42.480 --> 01:11:02.480]  The fact that you were indigent and were improperly denied indigency, it looks like the courts looked at this and saw what they were doing, changed the rules so that they couldn't legally deny someone their right to appeal because they were poor.
[01:11:02.480 --> 01:11:14.480]  Well, after I finish this response to the appeal, I'm going to write up a use of process suits on that issue for me and Lozano.
[01:11:14.480 --> 01:11:34.480]  Again, as I'm on the topic of abuse process, the court, they had a trial and the judge, the DA asked the judge to not allow me to raise constitutional defenses and the judge allowed that.
[01:11:34.480 --> 01:11:46.480]  So I think to the judge and the DA and whoever employs them for abuse of process, good night?
[01:11:46.480 --> 01:11:48.480]  Yes.
[01:11:48.480 --> 01:11:52.480]  You maintain that's beyond scope.
[01:11:52.480 --> 01:12:00.480]  What the courts have said is that the judge is immune even if he acts maliciously.
[01:12:00.480 --> 01:12:20.480]  But they haven't said that the judge is immune when he acts beyond scope and committing a violation of 18 U.S. Code 242 is not within the scope of the authority of the judge.
[01:12:20.480 --> 01:12:22.480]  Does that make sense?
[01:12:22.480 --> 01:12:24.480]  Okay.
[01:12:24.480 --> 01:12:40.480]  It makes sense, but the 1842, I'm trying to fill that in with something that would help categorize what I'm trying to say better.
[01:12:40.480 --> 01:12:54.480]  In this case, you have a judge sitting on the bench who has jurisdiction over the case, and so he's performing a judicial duty.
[01:12:54.480 --> 01:12:59.480]  Normally, they have absolute immunity.
[01:12:59.480 --> 01:13:06.480]  And the only way you can get past his immunity is you have to make the right argument.
[01:13:06.480 --> 01:13:22.480]  You have to maintain that while the judge purported to act under his authority, the judge in fact exerted an authority he did not have by committing a crime from the bench.
[01:13:22.480 --> 01:13:39.480]  And in that he committed a crime from the bench, he does not have immunity because no one has the authority to immunize citizens from criminal behavior.
[01:13:39.480 --> 01:13:43.480]  If you're going to get the judge, that's where you're going to have to go to get it.
[01:13:43.480 --> 01:13:56.480]  Okay, so usually, I really don't want the judge because like, not that I'm learning, not that I've been in the fight and I've been in and out of the ring, in and out of the ring.
[01:13:56.480 --> 01:13:59.480]  I realize that they're uneducated.
[01:13:59.480 --> 01:14:00.480]  They're not.
[01:14:00.480 --> 01:14:03.480]  Some of these things they're not doing in justice.
[01:14:03.480 --> 01:14:17.480]  And I'm playing on that policy they think they can talk about. Number one, I don't care about getting the judge. I want to sue the state, the people who employ them because I'm in it for a change now.
[01:14:17.480 --> 01:14:24.480]  You personally, you're not your little pawn compared to the type of figure.
[01:14:24.480 --> 01:14:26.480]  Whoa, whoa, whoa, hold on.
[01:14:26.480 --> 01:14:31.480]  It is really, really hard to get any money out of the state.
[01:14:31.480 --> 01:14:39.480]  However, the judge and the prosecutor, they've both got errors in emissions policies.
[01:14:39.480 --> 01:14:44.480]  It's not so hard to get money out of insurance companies.
[01:14:44.480 --> 01:14:45.480]  Right.
[01:14:45.480 --> 01:14:47.480]  No, no, no, I understand.
[01:14:47.480 --> 01:14:54.480]  But that suit would include them and their, and their official capacity.
[01:14:54.480 --> 01:15:03.480]  Okay. If you, if you name, if you name the state, then the state will immunize the judge.
[01:15:03.480 --> 01:15:08.480]  There are, I'm sorry, indemnify the judge.
[01:15:08.480 --> 01:15:11.480]  They'll pay for him.
[01:15:11.480 --> 01:15:12.480]  Okay.
[01:15:12.480 --> 01:15:13.480]  No, yeah.
[01:15:13.480 --> 01:15:23.480]  If you need, if you name it personally, you could argue, even if you do name them both, you could claim that the state has no power to indemnify a judge.
[01:15:23.480 --> 01:15:36.480]  For the cost of defending himself when he's asked for criminal, because it was beyond scope and he doesn't have a right to have the state pay for his lawyers.
[01:15:36.480 --> 01:15:39.480]  Okay. I understand that tactic.
[01:15:39.480 --> 01:15:40.480]  Okay.
[01:15:40.480 --> 01:15:47.480]  Well, my whole thing about doing that was to get the handlers attention.
[01:15:47.480 --> 01:15:57.480]  I really don't, he's saying like, I really don't want cash straight from the judge or that's not my, my intention is to get the handlers attention, which is the state.
[01:15:57.480 --> 01:16:00.480]  So that's, so the state could do my job for me.
[01:16:00.480 --> 01:16:02.480]  So the state could go around beating other judges.
[01:16:02.480 --> 01:16:07.480]  We like, hey, this guy, Oliver is not playing.
[01:16:07.480 --> 01:16:11.480]  And he's curating place law that's going to make other people handle us.
[01:16:11.480 --> 01:16:15.480]  So we better handle the situation before we lose a lot of money.
[01:16:15.480 --> 01:16:19.480]  It sounds like you've already done that.
[01:16:19.480 --> 01:16:24.480]  They started changing policy practices and policies.
[01:16:24.480 --> 01:16:34.480]  Right. But now, but now, well, I've done that, but I want to put the heat wherever long that we're all the way to the top.
[01:16:34.480 --> 01:16:35.480]  That's the state.
[01:16:35.480 --> 01:16:40.480]  That's they are all the handlers.
[01:16:40.480 --> 01:16:42.480]  Got the music coming up.
[01:16:42.480 --> 01:16:45.480]  Getting money from the state is going to be tough.
[01:16:45.480 --> 01:16:51.480]  Randy Kelton, rule of law radio, a call in number 5126461984.
[01:16:51.480 --> 01:17:20.480]  We'll be right back.
[01:17:21.480 --> 01:17:23.480]  Well, I'm glad you asked.
[01:17:23.480 --> 01:17:28.480]  Whenever you order anything from Amazon, you can help Logos with ordering your supplies or holiday gifts.
[01:17:28.480 --> 01:17:30.480]  First thing you do is clear your cookies.
[01:17:30.480 --> 01:17:37.480]  Now go to LogosRadioDickwork.com, tick on the Amazon logo and bookmark it.
[01:17:37.480 --> 01:17:42.480]  Now when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:17:42.480 --> 01:17:43.480]  Do I pay extra?
[01:17:43.480 --> 01:17:44.480]  No.
[01:17:44.480 --> 01:17:46.480]  Do I have to do anything different when I order?
[01:17:46.480 --> 01:17:47.480]  No.
[01:17:47.480 --> 01:17:48.480]  Can I use my Amazon Prime?
[01:17:48.480 --> 01:17:49.480]  No.
[01:17:49.480 --> 01:17:51.480]  I mean, yes.
[01:17:51.480 --> 01:17:54.480]  Wow, giving without doing anything or spending any money.
[01:17:54.480 --> 01:17:55.480]  This is perfect.
[01:17:55.480 --> 01:17:56.480]  Thank you so much.
[01:17:56.480 --> 01:17:58.480]  You're welcome.
[01:17:58.480 --> 01:18:00.480]  Happy holidays, Logos.
[01:18:00.480 --> 01:18:09.480]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination by delivering excellent customer service and outstanding value at an affordable price.
[01:18:09.480 --> 01:18:14.480]  We provide a wide assortment of favorite products featuring a great selection of high quality coins and precious metals.
[01:18:14.480 --> 01:18:18.480]  We cater to beginners in coin collecting as well as large transactions for investors.
[01:18:18.480 --> 01:18:24.480]  We believe in educating our customers with resources from top accredited metal dealers and journalists.
[01:18:24.480 --> 01:18:27.480]  If we don't have what you're looking for, we can find it.
[01:18:27.480 --> 01:18:32.480]  In addition, we carry popular young Jebedee products such as Beyond Tangy Tangerine and Pollen Burst.
[01:18:32.480 --> 01:18:39.480]  We also offer one-world-way, Mountain House storeable foods, Berkey water products, ammunition at 10% above wholesale, and more.
[01:18:39.480 --> 01:18:43.480]  We broker metals IRA accounts and we also accept bitcoins as payment.
[01:18:43.480 --> 01:18:46.480]  Call us at 512-646-6440.
[01:18:46.480 --> 01:18:51.480]  We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson.
[01:18:51.480 --> 01:18:54.480]  We're open Monday through Friday, 10 to 6, Saturdays, 10 to 2.
[01:18:54.480 --> 01:19:19.480]  Visit us at CapitalCoinandBullion.com or call 512-646-6440.
[01:19:19.480 --> 01:19:28.480]  Okay, we are back. Randy Kelton with our radio and we're talking to Olivier in Tennessee.
[01:19:28.480 --> 01:19:35.480]  Olivier who's changing everything.
[01:19:35.480 --> 01:19:38.480]  Okay, so where are we now?
[01:19:38.480 --> 01:19:41.480]  What are you up to at this moment?
[01:19:41.480 --> 01:19:51.480]  Well, you were saying that getting money out of the state. I'm beyond getting the money now. I want to make a turnaround.
[01:19:51.480 --> 01:19:53.480]  I want to see the process to turn around.
[01:19:53.480 --> 01:20:00.480]  So I'm just putting the money underneath the gun to where they got to answer and spend money.
[01:20:00.480 --> 01:20:04.480]  It's going to, like you said, play the policy.
[01:20:04.480 --> 01:20:14.480]  Yeah, very likely that's what you can actually achieve. You can get them to change their practices and procedures.
[01:20:14.480 --> 01:20:23.480]  We had a guy here a few years ago that won like 12 million from the state.
[01:20:23.480 --> 01:20:30.480]  And he finally collected a quarter of it like seven or eight years later.
[01:20:30.480 --> 01:20:40.480]  The state just refused to pay. And he spent all this time and then settled for a quarter of it because they just wouldn't pay.
[01:20:40.480 --> 01:20:45.480]  The courts told him to pay, state told him to go scratch.
[01:20:45.480 --> 01:20:48.480]  So it is hard to get money from the state.
[01:20:48.480 --> 01:21:02.480]  If you're trying to get money, there are errors in emissions policies where that is plus the insurance carriers are making a deal, so you definitely have to spend too much in attorney fees.
[01:21:02.480 --> 01:21:09.480]  But if you want to change things, this is a good vehicle for getting things changed.
[01:21:09.480 --> 01:21:25.480]  Now would probably be a good time for you to go to the press and get them to report on these rule changes and do some stories on why the rules got changed.
[01:21:25.480 --> 01:21:31.480]  This sounds like it would make a good public interest story.
[01:21:31.480 --> 01:21:46.480]  I try to contact the press before they get a good reception. I've been covering my usual self too much to continue going down that alley.
[01:21:46.480 --> 01:21:56.480]  So I refrain from speaking to them. I've been putting too much effort in to go to someone and then shoot me off.
[01:21:56.480 --> 01:22:04.480]  I normally stay away from the press, but you've got the rules changed.
[01:22:04.480 --> 01:22:08.480]  Once you're successful, then they want to talk to you.
[01:22:08.480 --> 01:22:14.480]  I want to talk to them then. I'm going to be very angry.
[01:22:14.480 --> 01:22:33.480]  It's about trying to get things changed. Once you have things started this way, this is the kind of story they're likely to pick up and get other people to understand what you're doing and maybe get other people to do it.
[01:22:33.480 --> 01:22:40.480]  They're coming to you to help them do it.
[01:22:40.480 --> 01:22:47.480]  We're soldiers and recruiters.
[01:22:47.480 --> 01:22:51.480]  Okay, do you have anything else for us, Olivier?
[01:22:51.480 --> 01:22:55.480]  No, that was all.
[01:22:55.480 --> 01:23:01.480]  Okay, we've got two more callers. Thank you and keep it up.
[01:23:01.480 --> 01:23:08.480]  Okay, thank you. Now we're going to Chris in Texas. Hello, Chris.
[01:23:08.480 --> 01:23:14.480]  Here's a local lifeguard on duty. So what's up with all this shanky propaganda about it being so hot?
[01:23:14.480 --> 01:23:17.480]  Oh, it never gets hot in Texas.
[01:23:17.480 --> 01:23:24.480]  That's what I'm talking about. So talk about your favorite article to quote, Article 14.06.
[01:23:24.480 --> 01:23:30.480]  What's your opinion of Part A, exceptions otherwise provided in this article?
[01:23:30.480 --> 01:23:44.480]  I think that that's linking to 49.02 and going to Article 14.031 where it gives them options of how to deal with a public intox or is there other exceptions?
[01:23:44.480 --> 01:23:56.480]  Well, that really, 1406, that, wait a minute, I'd have to go back and reread. 1406, read that too. Do you have it in front of you?
[01:23:56.480 --> 01:24:07.480]  Yes, sir. 1406, must take offender before magistrate A, except as otherwise provided by this article in each case enumerated in this code.
[01:24:07.480 --> 01:24:16.480]  The person making the arrest or the person having the custody of the person arrested shall take the person arrested or have him taken without unnecessary delay,
[01:24:16.480 --> 01:24:30.480]  not later than 48 hours after the person is arrested before the magistrate who may have ordered the arrest before some magistrate of the county where the arrest is made without an order or to provide more expedient
[01:24:30.480 --> 01:24:50.480]  to the person arrested, the warnings described by Article 15.17, which is duties of arresting officer and magistrate of this code before the magistrate in any other county in the state,
[01:24:50.480 --> 01:24:57.480]  the magistrate shall immediately perform the duties described in Article 15.7 of this code.
[01:24:57.480 --> 01:25:02.480]  If we go to... Okay, here's the problem with that.
[01:25:02.480 --> 01:25:10.480]  Chapter 14 is arrest without a warrant. Chapter 15 is arrest on a warrant.
[01:25:10.480 --> 01:25:21.480]  And 15.17 only applies if you are arrested on a warrant out of county.
[01:25:21.480 --> 01:25:43.480]  And then they can give you this magistrate's warning. And what the prosecutors and local magistrates have morphed things to be is that they only have to give you the warnings in 15.17.
[01:25:43.480 --> 01:25:55.480]  And no, if you're arrested in county, 15.17 doesn't apply. They'll take you directly to the nearest magistrate unless one's not available.
[01:25:55.480 --> 01:26:00.480]  And if one is available in a surrounding county, then they'll take you to that magistrate.
[01:26:00.480 --> 01:26:07.480]  But he doesn't hold the examining trial, he just gives you the warnings until they can get you into county.
[01:26:07.480 --> 01:26:11.480]  And then you need to be taken before a proper magistrate for a proper examining trial.
[01:26:11.480 --> 01:26:17.480]  They're trying to change it around so they don't have to do the examining trial.
[01:26:17.480 --> 01:26:21.480]  Can't get there.
[01:26:21.480 --> 01:26:31.480]  Is that what you were referring to or were you referring to the part in the beginning where it says accept as otherwise authorized in this chapter?
[01:26:31.480 --> 01:26:41.480]  I was just, see what I'm trying to do is trying to find the last brewery from the code to support us in our situation.
[01:26:41.480 --> 01:26:51.480]  So in Section B of Article 14.06, it says a peace officer who is charged in person including a child committed with offense that is a classic misdemeanor other than the offense under 49.02.
[01:26:51.480 --> 01:26:53.480]  And that's the offense that was arrested.
[01:26:53.480 --> 01:26:57.480]  49.02 is DUI.
[01:26:57.480 --> 01:26:59.480]  Public Intox.
[01:26:59.480 --> 01:27:01.480]  Yeah.
[01:27:01.480 --> 01:27:13.480]  Instead of taking the person before the magistrate can issue a citation to the person that contains written notice of the time and the place the person must appear before the magistrate and the name and address the person charged, the offense charged, the following, a
[01:27:13.480 --> 01:27:30.480]  a punishment in boldface underline. Okay, so the individual got arrested and was in jail from 12 a.m. to 9 a.m. was released with a release to appear authorization which they didn't sign and it says refused.
[01:27:30.480 --> 01:27:52.480]  So my next question being even though I'm still a little confused about if there is an exception for 49.02 in 14.06 is since, and I already know what you're going to say but I want you to expound upon it, is that she refused to sign the release form.
[01:27:52.480 --> 01:28:05.480]  Since she refused as a citation, I understand that we're supposed to be taking for a magistrate next because our signing of a citation usually, you know, is just our promise to appear, but this is a release to appear authorization.
[01:28:05.480 --> 01:28:11.480]  And she refused to sign. My understanding is since she refused to sign, they should have took it for a magistrate which they should have done anyway.
[01:28:11.480 --> 01:28:24.480]  But since she refused to sign and they still released her, what do you mean? I already know that you're going to say the magistrate is still going to issue a warrant if you don't follow the instructions on that release to appear.
[01:28:24.480 --> 01:28:39.480]  But my main question is I can't find specifically in the code because there's this exception. But I think that the exception in 14.06 is related to 4209 and but I think the reason why there's no.
[01:28:39.480 --> 01:28:53.480]  Okay. Okay. The exception in 4209 is if you're arrested and you're intoxicated, they're required to hold you. They can't release you until you're sober.
[01:28:53.480 --> 01:29:18.480]  Right, because under article 14.031 public intoxication, it says in lieu of an arrest an individual who is not a child is fined by section 52.02 family code who commits an offense in section 49.02 penal code, a peace officer may release an individual if and then it gives, you know, the circumstantial precedence as or they can release them without arrest because of their
[01:29:18.480 --> 01:29:34.480]  own personal well being. But so the main thing we want to do is press charges against the not the arresting officer but the officer that transported her because she lied to her and told her that she'd already seen a magistrate.
[01:29:34.480 --> 01:29:37.480]  So we don't want to, you know, go ahead.
[01:29:37.480 --> 01:30:00.480]  Wait, you said you said 12am. Yeah. It's when the arrest occurred and was held till 9am. Put in an information request party for a list of a list of all of the magistrates in the county and all magistrates and all surrounding counties.
[01:30:00.480 --> 01:30:13.480]  In 1946, Felix Gulger answered his doorbell and was shot in the chest and killed. The case has finally been solved 65 years later with the confession of a 96 year old woman. It's quite a story.
[01:30:13.480 --> 01:30:34.480]  I'm Dr. Katherine Albrecht. Stay tuned for more.
[01:30:44.480 --> 01:31:00.480]  Adi Visser was part of the resistance when the Nazis occupied Holland in World War II. She took a gun and doled out vigilante justice to a guy named Felix Gulger, a Dutch businessman and Nazi sympathizer who did business with the enemy.
[01:31:00.480 --> 01:31:15.480]  At his, Gulger was actually doing what Oscar Schindler did in the movie Schindler's List. While pretending to support the Nazis, he was actually sheltering Jews and helping them to safety. Adi discovered her mistake after the murder and carried the tragic secret 65 years.
[01:31:15.480 --> 01:31:24.480]  Her conscience finally got the better of her and at age 96 she confessed. The moral? Things aren't always what they seem, so think before you shoot.
[01:31:24.480 --> 01:31:30.480]  I'm Dr. Katherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:55.480 --> 01:31:57.480]  We are Americans and we deserve the truth.
[01:31:57.480 --> 01:32:26.480]  Go to RememberBuilding7.org today.
[01:32:28.480 --> 01:32:38.480]  To handle your claim and your roof, write the first time. Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.480 --> 01:32:45.480]  Mention the crypto show and get $100 off and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.480 --> 01:32:50.480]  So if those out of town roofers come knocking, your door should be locked in.
[01:32:50.480 --> 01:32:58.480]  That's 512-992-8745 or hillcountryhomeimprovements.com. Discounts are based on full roof replacement.
[01:32:58.480 --> 01:33:01.480]  I mean I actually be kidding about chemtrails.
[01:33:01.480 --> 01:33:29.480]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:29.480 --> 01:33:38.480]  Okay, we are back. Randy Kelton, Wheel of Law Radio, and we're talking to Chris in Texas.
[01:33:38.480 --> 01:33:42.480]  When were we, Chris?
[01:33:42.480 --> 01:33:54.480]  Don't get me aligned. So you believe that even under, if you're arrested under 4902, you should still be taken for magistrate, correct?
[01:33:54.480 --> 01:34:00.480]  You're arrested, oh no, not if you're intoxicated.
[01:34:00.480 --> 01:34:09.480]  Because the case law says that if you're taken before a magistrate when you're intoxicated, you're denied in your rights.
[01:34:09.480 --> 01:34:16.480]  Because you're unable to properly defend yourself.
[01:34:16.480 --> 01:34:22.480]  So it's appropriate to hold you until you are sober.
[01:34:22.480 --> 01:34:26.480]  But they released her without ever seeing the magistrate from jail.
[01:34:26.480 --> 01:34:30.480]  That they don't get to do.
[01:34:30.480 --> 01:34:38.480]  And the fact that they arrested her at midnight, they don't have to take her directly to a magistrate.
[01:34:38.480 --> 01:34:44.480]  No court will raise an issue because it's outside normal business hours.
[01:34:44.480 --> 01:34:52.480]  But at 9 in the morning, unless, did they charge her when they released her?
[01:34:52.480 --> 01:34:56.480]  Or did they release her without charge? Did they just hold her to?
[01:34:56.480 --> 01:34:57.480]  They charged her.
[01:34:57.480 --> 01:35:01.480]  Keep them safe. Okay, then they charged her, they had to take her for a magistrate.
[01:35:01.480 --> 01:35:10.480]  Okay, next question. So we filed your old, I think I looked at the, oh man, brain fart.
[01:35:10.480 --> 01:35:14.480]  I looked at the date that you wrote the document and I think it was 08.
[01:35:14.480 --> 01:35:16.480]  I was using one of your really old...
[01:35:16.480 --> 01:35:18.480]  Oh, the habeas corpus.
[01:35:18.480 --> 01:35:20.480]  Public information request.
[01:35:20.480 --> 01:35:34.480]  But I hear by request, production, delivering, or following any book, paper, letter, document, print out, photograph, film, tape, microfilm, recording, sound recording, map, or other drawing, any video, audio, voice, blah, blah, blah.
[01:35:34.480 --> 01:35:36.480]  Anyway, it covers everything.
[01:35:36.480 --> 01:35:48.480]  So we filed it and when we got it back, we only got paperwork. They said that there was no body cam footage and they didn't give us the police car footage either.
[01:35:48.480 --> 01:35:52.480]  Then, or video from the jail.
[01:35:52.480 --> 01:36:06.480]  Can file criminally against the prosecutor. Oh, okay. 39.14 says they have to produce, the prosecutor has to produce all the discovery at least 30 days before trial.
[01:36:06.480 --> 01:36:10.480]  Is she approaching trial?
[01:36:10.480 --> 01:36:17.480]  She didn't go and set up a court date yet.
[01:36:17.480 --> 01:36:19.480]  How long ago did you score?
[01:36:19.480 --> 01:36:25.480]  She was supposed to have done that by the 21st. It happened on the 2nd, I believe.
[01:36:25.480 --> 01:36:28.480]  Oh, okay. So it's relatively recent.
[01:36:28.480 --> 01:36:30.480]  Yes, sir.
[01:36:30.480 --> 01:36:33.480]  And now they're going to charge it with a failure to appear.
[01:36:33.480 --> 01:36:36.480]  Yes, sir. And double the time.
[01:36:36.480 --> 01:36:46.480]  Okay. And this doesn't go to my subject matter jurisdiction because they obviously had.
[01:36:46.480 --> 01:36:51.480]  This was police enforcing criminal laws.
[01:36:51.480 --> 01:36:57.480]  It was midnight, so they didn't have to take it to a magistrate and told normal business hours.
[01:36:57.480 --> 01:37:00.480]  What you do have is.
[01:37:00.480 --> 01:37:06.480]  16.17 Texas go to corporate procedure. You familiar with that one?
[01:37:06.480 --> 01:37:08.480]  No, sir.
[01:37:08.480 --> 01:37:13.480]  Okay. Under chapter 16, that's the examining trial chapter.
[01:37:13.480 --> 01:37:30.480]  It says that after the examining trial, the court must enter an order stating whether the person was released at the liberty bound to the jail, set the bond or remanded to the jail.
[01:37:30.480 --> 01:37:41.480]  If an order is not filed within 48 hours, a finding, okay, the defendant has a right to dismissal.
[01:37:41.480 --> 01:37:50.480]  Okay. Next, do you think we should file a complaint to the AG for no video for the public records request?
[01:37:50.480 --> 01:37:54.480]  No, follow the complaint with the T close.
[01:37:54.480 --> 01:37:56.480]  To who?
[01:37:56.480 --> 01:38:01.480]  Okay. Is there a statutory requirement for body camps?
[01:38:01.480 --> 01:38:03.480]  I don't think there is.
[01:38:03.480 --> 01:38:09.480]  I tried looking for it. I couldn't find it. And I also tried looking for the car and the jail and I couldn't find it.
[01:38:09.480 --> 01:38:18.480]  Okay. What department? Is this a major department or a small?
[01:38:18.480 --> 01:38:20.480]  Say that again.
[01:38:20.480 --> 01:38:21.480]  Dallas PD.
[01:38:21.480 --> 01:38:28.480]  Okay. Dallas PD is going to have dash cams on all their vehicles.
[01:38:28.480 --> 01:38:34.480]  Did she put in a request for the dash cams specifically?
[01:38:34.480 --> 01:38:39.480]  It's an easier deal on online too. It says any video, audio, voice data and video.
[01:38:39.480 --> 01:38:40.480]  Okay.
[01:38:40.480 --> 01:38:43.480]  It says it's held in computer memory.
[01:38:43.480 --> 01:38:49.480]  Then has it been 15 days?
[01:38:49.480 --> 01:38:51.480]  Yes.
[01:38:51.480 --> 01:39:02.480]  File criminal charges against the, let's see, this is with the department against the chief of police.
[01:39:02.480 --> 01:39:03.480]  Okay.
[01:39:03.480 --> 01:39:06.480]  Under five year to do government code.
[01:39:06.480 --> 01:39:15.480]  And I know it's legal for the cops to lie, but we wanted to get the jail footage of the officer lying to her saying that she'd already seen the magistrate.
[01:39:15.480 --> 01:39:19.480]  So that way, jury wise, they'd be more likely to.
[01:39:19.480 --> 01:39:21.480]  Oh, no.
[01:39:21.480 --> 01:39:26.480]  Yeah, what does seeing the magistrate.
[01:39:26.480 --> 01:39:35.480]  It has to be in order into 16.17. And okay, go to the district clerk was you charged with the misdemeanor felony.
[01:39:35.480 --> 01:39:36.480]  Misdemeanor.
[01:39:36.480 --> 01:39:47.480]  Just misdemeanor. Go to the county clerk and ask the county clerk for all documents.
[01:39:47.480 --> 01:39:53.480]  Okay. You found my information request. Find my 1730 request.
[01:39:53.480 --> 01:39:54.480]  Okay.
[01:39:54.480 --> 01:40:03.480]  All documents collected, assembled and maintained by the department that are specifically referenced by 17.30 Texas code criminal procedure.
[01:40:03.480 --> 01:40:05.480]  Okay. What for?
[01:40:05.480 --> 01:40:10.480]  On the for the day is the full day.
[01:40:10.480 --> 01:40:16.480]  Say the day before to the day after the day she was arrested.
[01:40:16.480 --> 01:40:17.480]  Okay.
[01:40:17.480 --> 01:40:21.480]  For a period beginning this day ending this day.
[01:40:21.480 --> 01:40:26.480]  Seven. This is this is what 17.30 says.
[01:40:26.480 --> 01:40:35.480]  After an examining trial, the judge shall seal all documents had in the in the in the in the in the hearing.
[01:40:35.480 --> 01:40:46.480]  The statement of the accused, if any, the complaint and all other documents had in the hearing shall be sealed in an envelope.
[01:40:46.480 --> 01:40:54.480]  Writing the name of the magistrate across the seal of the envelope and forward it to the clerk of the court of jurisdiction.
[01:40:54.480 --> 01:40:59.480]  So you're asking for those documents.
[01:40:59.480 --> 01:41:12.480]  Is this mainly to prove that the cop lied to her or just to prove that she was not taken for magistrate?
[01:41:12.480 --> 01:41:15.480]  Did you fall off?
[01:41:15.480 --> 01:41:16.480]  I'm not as good as Scott.
[01:41:16.480 --> 01:41:21.480]  So I can't keep I can't keep keep the rigmarole going.
[01:41:21.480 --> 01:41:24.480]  If you're not talking, Scott was pretty good.
[01:41:24.480 --> 01:41:25.480]  He's pretty smooth.
[01:41:25.480 --> 01:41:27.480]  That one time fell off the cliff.
[01:41:27.480 --> 01:41:33.480]  If I'm still in there, much props Olivier kick a button Tennessee.
[01:41:33.480 --> 01:41:37.480]  We're just trying to look for a neoprene life vest here to support us.
[01:41:37.480 --> 01:41:42.480]  Try to get these charges taken out.
[01:41:42.480 --> 01:41:45.480]  Y'all should go check out.
[01:42:12.480 --> 01:42:14.480]  You
[01:42:42.480 --> 01:42:44.480]  You
[01:43:12.480 --> 01:43:14.480]  You
[01:43:42.480 --> 01:43:44.480]  You
[01:44:00.480 --> 01:44:02.480]  You
[01:44:02.480 --> 01:44:04.480]  You
[01:44:04.480 --> 01:44:06.480]  You
[01:44:06.480 --> 01:44:08.480]  You
[01:44:08.480 --> 01:44:10.480]  You
[01:44:10.480 --> 01:44:13.480]  You
[01:44:13.480 --> 01:44:14.480]  You
[01:44:14.480 --> 01:44:17.480]  You
[01:44:17.480 --> 01:44:20.480]  You
[01:44:20.480 --> 01:44:22.480]  You
[01:44:22.480 --> 01:44:24.480]  You
[01:44:24.480 --> 01:44:27.480]  You
[01:44:27.480 --> 01:44:28.480]  You
[01:44:28.480 --> 01:44:30.480]  You
[01:44:30.480 --> 01:44:32.480]  You
[01:44:32.480 --> 01:44:34.480]  You
[01:44:34.480 --> 01:44:34.480]  You
[01:44:34.480 --> 01:44:36.480]  You
[01:44:36.480 --> 01:44:38.480]  You
[01:44:38.480 --> 01:44:45.400]  about. Remember, hemp protein powder contains 53% protein. He's gluten-free, anti-inflammatory,
[01:44:45.400 --> 01:44:54.560]  non-GMO, and is loaded with nutrients. Call 888-910-4367. 888-910-4367 and see what our
[01:44:54.560 --> 01:44:59.800]  powder seeds and oil can do for you, only at HempUSA.org.
[01:44:59.800 --> 01:45:09.520]  It's the 2017 Logos Radio Network Annual Fundraiser, sponsored by Central Texas Gunworks. Defense
[01:45:09.520 --> 01:45:16.120]  distributed in Fatsal, Delhi. Go to LogosRadioNetwork.com and enter the win. Every $25 donation
[01:45:16.120 --> 01:45:21.480]  is a chance to win. From Central Texas Gunworks, first place, up for grabs, a Spikes Tactical
[01:45:21.480 --> 01:45:29.320]  AR-15. Second place, Taurus PT111 G2 9mm Pistols. From Defense distributed, third place, the
[01:45:29.320 --> 01:45:36.360]  AR-308 80% lower. Fourth place, the AR-15 80% lower. From Fatsal, Delhi, fifth place,
[01:45:36.360 --> 01:45:43.920]  $100 gift card for Fatsal, Delhi. Every $25 donation is a chance to win. That's LogosRadioNetwork.com.
[01:45:43.920 --> 01:45:48.960]  Also, if you purchase Randy Kelton's e-book, Legal101, you get four chances to win. Purchase
[01:45:48.960 --> 01:45:54.320]  Eddie Craig's Traffic Seminar, get 10 chances to win. And remember, every $25 donation is
[01:45:54.320 --> 01:46:01.320]  a chance to win. Go to LogosRadioNetwork.com for details and donate today.
[01:46:24.320 --> 01:46:33.880]  Okay, we are back. Randy Kelton with Legal101 Radio. I'm sorry about that, guys. My connection
[01:46:33.880 --> 01:46:39.960]  dropped and we couldn't get it up, so the producer just sent us to break early, so I
[01:46:39.960 --> 01:46:45.040]  apologize for the early break. Okay, Chris, you there?
[01:46:45.040 --> 01:46:47.520]  Yes, sir. Right here back.
[01:46:47.520 --> 01:46:56.960]  Yeah, don't know where I dropped off at. I don't even know. Get me in line.
[01:46:56.960 --> 01:47:03.480]  You were talking, and then I lost you, so. You're trying to tell us how we can have
[01:47:03.480 --> 01:47:07.800]  a hoot by filing their paperwork. You told me.
[01:47:07.800 --> 01:47:17.440]  1670. Yeah, okay. That's the key statute for you. You go down. Go on to Juris Imprudence
[01:47:17.440 --> 01:47:25.920]  Dot website and go to the Documents and Research blank section, and in there you'll find a
[01:47:25.920 --> 01:47:35.440]  blank 1730 request. I have had so much fun with that one. In Victoria, Texas, I asked
[01:47:35.440 --> 01:47:42.440]  for these records, and the prosecutor said, well, Ms. Kelton, you'll have to make that
[01:47:42.440 --> 01:47:48.880]  request in writing. I reached in my case and I jerked out that 1730 request, put in the
[01:47:48.880 --> 01:47:55.960]  dates and signed it and handed it to him. I'm sitting down, he's standing up, and he's
[01:47:55.960 --> 01:48:00.480]  reading it. He reads a little bit, and he looks down at me. He looks back, he reads
[01:48:00.480 --> 01:48:05.680]  some more, and he looks down at me. The third time he looked down at me, and I looked up
[01:48:05.680 --> 01:48:13.640]  and said, and you thought this was my first rodeo. He said, no, Mr. Kelton, somehow I
[01:48:13.640 --> 01:48:23.400]  get the idea this is not your first rodeo. So that's what that document will tell them.
[01:48:23.400 --> 01:48:30.440]  They will have never seen one specifically made out for this, and I gave that to a clerk
[01:48:30.440 --> 01:48:39.280]  once in Williamson County, and she said, I gave it to the clerk, and the clerk gave
[01:48:39.280 --> 01:48:45.480]  it to an assistant prosecutor, and this assistant prosecutor come out. She looked about 25 or
[01:48:45.480 --> 01:48:53.520]  26. She's an assistant prosecuting attorney, and she's dressed like a stripper. Real good-looking
[01:48:53.520 --> 01:48:59.680]  woman, big hood, low-cut dress, mini skirt. It's a tight, she couldn't hardly walk, and
[01:48:59.680 --> 01:49:07.280]  I'm looking at her thinking, what in the heck is this? And I guess she's used to everybody
[01:49:07.280 --> 01:49:13.480]  playing up to her, because she's so hot. And she said, Mr. Kelton, I don't know what
[01:49:13.480 --> 01:49:23.560]  you're asking for here. And I said, read the code, and spun on my heel and stormed out
[01:49:23.560 --> 01:49:30.320]  of the office. Oh, that was so much fun. I've got one more question, because I know you've
[01:49:30.320 --> 01:49:36.680]  got another caller, and we've got ten minutes. When she was up there, say, the next open
[01:49:36.680 --> 01:49:44.880]  hours, and goes to set a court date, if they try to arrest her, because a warrant's already
[01:49:44.880 --> 01:49:50.360]  been issued, I know that's an extra charge, but what if she has to see the magistrate
[01:49:50.360 --> 01:49:57.560]  right then? What do you suggest? Don't get in a fight with them.
[01:49:57.560 --> 01:50:02.720]  No, I've been listening a long time. If she shows up and they arrest her and they take
[01:50:02.720 --> 01:50:08.800]  her from there to the jail, let them, because then you come back, because they arrested
[01:50:08.800 --> 01:50:15.600]  her. If there's a warrant, what the warrant will say is, arrest this person and bring
[01:50:15.600 --> 01:50:24.200]  her before me. That's because the warrant was issued ex parte. Issued at an examining
[01:50:24.200 --> 01:50:33.080]  trial. Oh, no, this will be issued by a judge. Oh, wait a minute. This is issued by a judge
[01:50:33.080 --> 01:50:40.240]  who doesn't have subject matter jurisdiction. Why wouldn't he have subject matter jurisdiction?
[01:50:40.240 --> 01:50:43.800]  Because she hadn't already been taken before magistrate in the first place?
[01:50:43.800 --> 01:50:51.960]  There is no 16.17 order. Okay, I'll have to look that up. I know you have another call.
[01:50:51.960 --> 01:50:53.640]  You only got 10 minutes. Thank you very much.
[01:50:53.640 --> 01:50:57.640]  Okay, yeah. Yeah, read Chapter 16 a couple times.
[01:50:57.640 --> 01:51:00.040]  I'm going to send you another email, because I'd really like to know what you think the
[01:51:00.040 --> 01:51:04.520]  best recorders are, and I'll promote everybody having recorders, and I'd like to know what
[01:51:04.520 --> 01:51:07.880]  you think the best recorders are. But you've got 10 minutes. Go ahead. Thank you very much.
[01:51:07.880 --> 01:51:18.960]  Okay, thank you. Okay, now we're going to Jeremy in Tennessee. Hello, Jeremy, you were
[01:51:18.960 --> 01:51:25.720]  going to send me some documents. This is your main, I've been to Tennessee.
[01:51:25.720 --> 01:51:30.160]  Are you on a speakerphone or something? I'm having a terrible time understanding you.
[01:51:30.160 --> 01:51:35.080]  No, I'm not on a speakerphone. Okay, then do you have your head stuck
[01:51:35.080 --> 01:51:48.400]  in a toilet? No. Okay, it kind of sounds like your mic is booming. Can you move the speaker,
[01:51:48.400 --> 01:51:53.680]  the mic down by your chin so you're not talking directly into it?
[01:51:53.680 --> 01:51:57.200]  What about now? Oh, much better.
[01:51:57.200 --> 01:52:03.080]  Okay, hey, Rick, I know we're going to have a long time. I'm out of bed because I'm the
[01:52:03.080 --> 01:52:05.520]  one with my brother who knocked out the officer.
[01:52:05.520 --> 01:52:11.680]  Wait a minute, this is not working. That went bad again. Move the mic down a little
[01:52:11.680 --> 01:52:15.280]  more. Can you hear me now?
[01:52:15.280 --> 01:52:20.520]  Oh, that is much better. Okay, yeah, I was telling you I'm the one that's
[01:52:20.520 --> 01:52:24.440]  out of Memphis who had the person who knocked out the police officer.
[01:52:24.440 --> 01:52:31.440]  Yeah, I remember who you were. Yeah, hey, this is my situation. I emailed
[01:52:31.440 --> 01:52:38.080]  you two weeks ago because I was on the call and you ran out of time. But my mom got illegally
[01:52:38.080 --> 01:52:46.640]  evicted at her home and we're trying to figure out what process we need to go through to
[01:52:46.640 --> 01:52:53.000]  get the house back because they illegally came to evict her and she never got served
[01:52:53.000 --> 01:53:01.680]  or noticed or anything. But there's a lot of information to it.
[01:53:01.680 --> 01:53:12.720]  Okay, the first thing I would need is I need to see the petition and the order. I need
[01:53:12.720 --> 01:53:18.440]  to see the certificate of service. I need to see all of the documents filed with the
[01:53:18.440 --> 01:53:25.320]  county recorder's office from the time she received a warranty deed to the property.
[01:53:25.320 --> 01:53:32.000]  Okay, now the writ of possession, when the sheriff came with the writ of possession,
[01:53:32.000 --> 01:53:36.440]  there was no judge, nobody signed on phone him. They say because they had a court clerk
[01:53:36.440 --> 01:53:44.280]  stamp on it, that it was a valid document. Okay, the one that the sheriff has does not
[01:53:44.280 --> 01:53:51.880]  necessarily have to be signed, but there has to be one in the public record that is.
[01:53:51.880 --> 01:54:00.160]  Okay, now the court clerk told my mom that she would not, she told the process server
[01:54:00.160 --> 01:54:05.400]  that he had to refile because it was a conflict of interest because he was acting as the sheriff
[01:54:05.400 --> 01:54:12.520]  and the process server, that they had to refile. And he said he didn't get noticed. So he admitted
[01:54:12.520 --> 01:54:18.280]  that he didn't, she never had noticed because he couldn't catch up with her to serve.
[01:54:18.280 --> 01:54:28.280]  Oh, okay. Oh, that will almost always, okay, that service was that for eviction?
[01:54:28.280 --> 01:54:30.280]  Yes, for eviction.
[01:54:30.280 --> 01:54:36.760]  Oh, this is complex because I take it a third party purchased the property.
[01:54:36.760 --> 01:54:42.960]  Yes, an investor, she was trying to foreclose, she stopped it and everything. So they never
[01:54:42.960 --> 01:54:49.720]  sold the house off to foreclosure. There was some Shapiro angle, they jumped out of it.
[01:54:49.720 --> 01:54:56.840]  So a third party investor came and came up and somehow he supposedly got a governor's
[01:54:56.840 --> 01:55:03.160]  warranty or something to purchase the property. And she sent a notice to him asking how and
[01:55:03.160 --> 01:55:07.880]  when did he acquire and how did he acquire the property? He never answered. So, but,
[01:55:07.880 --> 01:55:12.040]  and they still came and evicted her.
[01:55:12.040 --> 01:55:19.400]  Okay, I would have to see the documentation. I have no idea how to move ahead on this. I
[01:55:19.400 --> 01:55:25.800]  need to see the documents on the public record to see who was on first, who had standing to
[01:55:25.800 --> 01:55:31.080]  make a claim against the property and see, then I measure that against who actually made the
[01:55:31.080 --> 01:55:36.200]  claim and see if they match. If they don't, then you go after whoever made the claim.
[01:55:38.680 --> 01:55:48.520]  But if she was evicted without notice, then the party who had her evicted needs to be sued for
[01:55:48.520 --> 01:55:51.400]  the eviction. Okay.
[01:55:52.520 --> 01:55:58.040]  You throw somebody out of their house, out in the street. You got to make sure you do that, right?
[01:55:58.040 --> 01:56:05.400]  Right. We've been living in this house 30 years. And the attorneys come out,
[01:56:05.400 --> 01:56:11.160]  they didn't need to serve you. If we had to cut everybody down, we would never get nobody
[01:56:12.680 --> 01:56:18.840]  evicted. We don't have to serve you. We can evict you if you didn't serve you.
[01:56:18.840 --> 01:56:21.880]  I was like, that don't make sense. That's all sound lawful.
[01:56:21.880 --> 01:56:29.560]  No, that, that don't sound lawful in any state I've ever been in. I might need to get you in
[01:56:29.560 --> 01:56:35.400]  contact with Olivier. I would love to get in contact with him.
[01:56:36.840 --> 01:56:43.560]  Okay. Send me an email with a request to contact Olivier.
[01:56:44.360 --> 01:56:47.080]  Put in your contact information. I'll forward it to him.
[01:56:47.080 --> 01:56:53.320]  Okay. Now, one more, one more, what's it called? My grandmother died in 2010.
[01:56:55.240 --> 01:57:03.640]  People came out to her house. They did a notice for her to appear. And my grandmother could not
[01:57:03.640 --> 01:57:08.520]  appear because she's been dead since 2010. So we sent the letter to the court saying,
[01:57:08.520 --> 01:57:15.560]  filling the court, hey, and we sent the death certificate and we did that evidence that
[01:57:15.560 --> 01:57:20.520]  she cannot make the appearance, but they would send either her or the occupant. And I know by
[01:57:20.520 --> 01:57:26.840]  saying occupant, if they do not have the party name besides my grandmother, which she cannot make
[01:57:26.840 --> 01:57:33.080]  the appearance, and we reserve the right upon it of 50 minutes, I think it's a 50 or a six
[01:57:33.080 --> 01:57:40.120]  minute not to be compared to be a witness against yourself. They just said, they said occupant.
[01:57:40.120 --> 01:57:48.520]  Okay. So no, no, you can't do that in civil. You can only make that claim if it goes to a
[01:57:48.520 --> 01:57:50.920]  criminal charge. Oh.
[01:57:53.960 --> 01:57:57.960]  So would they have the right to fear to take my grandmother's house when she was,
[01:57:58.760 --> 01:58:03.240]  are they, they say, they didn't even ask for it yet. They didn't say that she owed her debt or
[01:58:03.240 --> 01:58:06.760]  anything. They just filed in the question that they want position of the property.
[01:58:06.760 --> 01:58:10.520]  I can't say until I've seen the documentation.
[01:58:12.840 --> 01:58:16.520]  What did your grandmother's property go into probate?
[01:58:20.040 --> 01:58:27.160]  I have no idea. My mom, she knows all that information. She was, she was big handling all
[01:58:27.160 --> 01:58:34.840]  my grandmother's stuff. And what I could do is I can try to get her to call in on your show so
[01:58:34.840 --> 01:58:38.280]  she can better describe and tell you, she can better describe her situation too.
[01:58:39.080 --> 01:58:43.480]  Yeah, that would probably be better. I am sorry. We are out of time. Randy Kelton,
[01:58:43.480 --> 01:58:47.240]  we'll go radio. Thank you all for listening and good night.
[01:58:50.200 --> 01:58:56.120]  Bibles for America is offering absolutely free, a unique study Bible called the New
[01:58:56.120 --> 01:59:01.560]  Testament recovery version. The New Testament recovery version has over 9,000 footnotes that
[01:59:01.560 --> 01:59:08.120]  explain what the Bible says verse by verse, helping you to know God and to know the meaning of life.
[01:59:08.120 --> 01:59:16.520]  Order your free copy today from Bibles for America. Call us toll free at 888-551-0102
[01:59:16.520 --> 01:59:24.840]  or visit us online at bfa.org. This translation is highly accurate and it comes with over 13,000
[01:59:24.840 --> 01:59:30.040]  cross references, plus charts and maps and an outline for every book of the Bible.
[01:59:30.040 --> 01:59:35.320]  This is truly a Bible you can understand. To get your free copy of the New Testament recovery
[01:59:35.320 --> 01:59:48.920]  version, call us toll free at 888-551-0102. That's 888-551-0102 or visit us online at bfa.org.
[01:59:48.920 --> 01:59:58.920]  Bibles for America is offering absolutely free, a unique study Bible called the New Testament recovery
[01:59:58.920 --> 02:00:04.920]  version. The New Testament recovery version has over 9,000 footnotes that explain what the
[02:00:04.920 --> 02:00:10.920]  Bible says verse by verse, helping you to know God and to know the meaning of life.