[00:00.000 --> 00:10.400]  The following news flash is brought to you by The Lowest Star Lowdown.
[00:10.400 --> 00:16.720]  Markets for Monday the 21st of August 2017 closed with gold at $1,290.99 an ounce, silver
[00:16.720 --> 00:24.880]  $17.01 an ounce, Texas Crude $48.50 a barrel, Bitcoin $4,021.99, and Bitcoin Cash is sitting
[00:24.880 --> 00:27.760]  at about 605 U.S. currency.
[00:27.760 --> 00:35.240]  Today in history, the year 1911, the Mona Lisa is stolen by a Lovre employee with the theft
[00:35.240 --> 00:37.400]  not being discovered until the next day.
[00:37.400 --> 00:40.640]  The Lovre was closed for an entire week during the investigation.
[00:40.640 --> 00:46.000]  French poet Guillaume Apollinaire, who had once called for the Lovre to be burnt down,
[00:46.000 --> 00:50.920]  came under suspicion and was arrested and imprisoned, implicating his friend Pablo Picasso, who
[00:50.920 --> 00:52.760]  was brought in for questioning.
[00:52.760 --> 00:54.560]  Both were eventually later exonerated.
[00:54.560 --> 00:57.920]  Two years later, the thief unmasked himself to be a Lovre employee.
[00:57.920 --> 01:02.280]  The sense of pedigree who had stolen the Mona Lisa by entering the building during regular
[01:02.280 --> 01:06.840]  hours, hiding it in a broom closet, and walking out with it under his coat after the museum
[01:06.840 --> 01:07.840]  had closed.
[01:07.840 --> 01:11.000]  Today in history.
[01:11.000 --> 01:16.960]  In recent news, Spanish police shot dead 22-year-old Islamist Yunus Abuyakub, who murdered 13 people
[01:16.960 --> 01:20.440]  with a van in Barcelona's most renowned avenue, Las Ramblas.
[01:20.440 --> 01:24.360]  On Thursday of last week, fleeing the scene in a car, he hijacked after fatally stabbing
[01:24.360 --> 01:25.880]  and murdering the driver.
[01:25.880 --> 01:29.760]  According to police statements, a bomb squad used a robot to approach his body after tracking
[01:29.760 --> 01:32.040]  him to a rural area near Barcelona.
[01:32.040 --> 01:35.760]  As seems to be routine with these terrorist suspects, police shot and killed him after
[01:35.760 --> 01:39.880]  he held up what looked like what police stated appeared to be an explosive belt while shouting
[01:39.880 --> 01:40.880]  al-Aqbar.
[01:40.880 --> 01:45.200]  The Islamic State is claiming responsibility, and police did indicate they suspect it was
[01:45.200 --> 01:50.000]  planned by a dozen accomplices, including his Moroccan-born brother and two first cousins,
[01:50.000 --> 01:51.000]  who were still large.
[01:51.000 --> 01:55.040]  Five were shot hours after the van attack, two of which were killed while another was
[01:55.040 --> 01:59.440]  injured the day before in a blast at the house where they were fabricating explosives.
[01:59.440 --> 02:03.840]  Another three were later arrested, with 13 murdered, 120 injured, and eight remaining
[02:03.840 --> 02:05.720]  in critical condition at the hospital.
[02:05.720 --> 02:09.120]  This is the deadliest attack in Spain since March of 2004.
[02:09.120 --> 02:15.440]  Our thoughts and prayers go out to all victims of all terrorism.
[02:15.440 --> 02:20.760]  A public petition signed by over 180,000 people in just over four days, hosted on the official
[02:20.760 --> 02:26.720]  WhiteHouse.gov website, is asking the White House to classify Antifa as a terrorist organization
[02:26.720 --> 02:31.240]  due to its propensity towards violence, with terrorism being defined as, quote, the use
[02:31.240 --> 02:34.600]  of violence and intimidation in pursuit of political aims.
[02:34.600 --> 02:39.240]  The same definition that is applied to ISIS and other groups of terrorist organizations,
[02:39.240 --> 02:43.560]  the White House has to officially respond to petitions that collect over 100,000 signatures
[02:43.560 --> 02:46.880]  within 60 days.
[02:46.880 --> 02:50.280]  The most recorded and viewed solar eclipse, the great American eclipse, traversed the
[02:50.280 --> 02:52.080]  continental United States today.
[02:52.080 --> 02:54.280]  Go check out the footage for yourself on YouTube.
[02:54.280 --> 03:16.640]  This was Rick Rode with the Lowdown for August 21, 2017.
[03:16.640 --> 03:17.640]  Okay, we are back.
[03:17.640 --> 03:25.280]  Brenda Kelkin on Rula Radio and we're talking to Pat in Texas.
[03:25.280 --> 03:34.240]  I would like to talk to you about this offline because I'm looking through this and I am
[03:34.240 --> 03:42.440]  seeing some tools here that you could use to develop some serious politics.
[03:42.440 --> 03:50.680]  This is one thing that just leaps out at me and that is the director of the Department
[03:50.680 --> 03:59.200]  of Public Safety, taking Department of Public Safety personnel who are on Department of
[03:59.200 --> 04:05.920]  Public Safety payroll and leasing them out to a foreign government.
[04:05.920 --> 04:13.400]  Where did that money go that came back to the DPS?
[04:13.400 --> 04:24.800]  Since it's an illegal procedure, there would be no procedures in place to collect and distribute
[04:24.800 --> 04:25.800]  that money.
[04:25.800 --> 04:27.400]  So where did that money go?
[04:27.400 --> 04:30.320]  Well, that's just part of it.
[04:30.320 --> 04:42.080]  The DHS up until this last fall was paying a similar type thing to all the border county
[04:42.080 --> 04:45.960]  DA offices.
[04:45.960 --> 04:55.800]  They paid for an attorney, a complete assistant DA, everything, payroll, retirement, medical,
[04:55.800 --> 04:56.800]  everything.
[04:56.800 --> 05:03.560]  So anything that was handled went through that one attorney?
[05:03.560 --> 05:06.320]  That's a state office.
[05:06.320 --> 05:11.920]  So any of the attorneys already paid by the state.
[05:11.920 --> 05:17.080]  So I would want to know how on earth do they do that?
[05:17.080 --> 05:19.200]  These are foreign governments.
[05:19.200 --> 05:28.000]  We have the sovereign state of Texas and we have the United States Union.
[05:28.000 --> 05:29.000]  They're foreign entities.
[05:29.000 --> 05:31.520]  How do they do that?
[05:31.520 --> 05:40.680]  Well they do it under a grant contract up until the last fall when it was changed, instead
[05:40.680 --> 05:46.280]  of going straight to the DA offices with it, paying that check every month straight to
[05:46.280 --> 05:47.280]  the DA.
[05:47.280 --> 05:53.160]  What they're doing is they're jumping the funds at the state level into the comptroller.
[05:53.160 --> 06:01.280]  And the comptroller then sends out a state grant fund directly to the DA's offices for
[06:01.280 --> 06:03.600]  an additional attorney.
[06:03.600 --> 06:12.360]  Do you know where the legislature authorized the comptroller to accept these funds, these
[06:12.360 --> 06:13.600]  grant funds?
[06:13.600 --> 06:15.280]  I can't find one.
[06:15.280 --> 06:17.640]  I cannot find it.
[06:17.640 --> 06:26.360]  We've raised this question before, where the federal government is giving funds and
[06:26.360 --> 06:34.480]  things of value to our sheriff's department, where did we authorize our sheriff's department
[06:34.480 --> 06:43.160]  to be paid by someone other than our state, out of our state funds?
[06:43.160 --> 06:46.160]  That sounds like bribery to me.
[06:46.160 --> 06:56.360]  Oh yeah, but sheriff's office, DPS, you've got the DA's office and they're all being
[06:56.360 --> 06:59.800]  paid by DHS.
[06:59.800 --> 07:05.240]  This is where the funds are coming from and now they're being channeled into the comptroller's
[07:05.240 --> 07:06.240]  office.
[07:06.240 --> 07:11.760]  This started right after the last election in November.
[07:11.760 --> 07:21.880]  The DA that had been handling my case originally, he quit and went to work in another county.
[07:21.880 --> 07:30.680]  So they got another attorney to come in under that same contract and after this last election
[07:30.680 --> 07:38.320]  in November of 2016, the main DA lost the election.
[07:38.320 --> 07:45.240]  So apparently, they had a going away party for everybody in December and the assistant
[07:45.240 --> 07:52.600]  DA that was handling my case got picked up for DUI in the town he lives in, which is
[07:52.600 --> 07:58.560]  Del Rio, traveled 10 blocks, refused to stop until he got in front of his house.
[07:58.560 --> 08:06.040]  I've got the entire file and everything and what's not in there is the charging instruments
[08:06.040 --> 08:11.880]  and the sworn affidavits, not in the court record.
[08:11.880 --> 08:13.560]  Now you're going to love this one.
[08:13.560 --> 08:22.680]  The judge that was going to hear the assistant DA's case is a judge at the county at law
[08:22.680 --> 08:27.240]  court and they didn't charge him for half the stuff.
[08:27.240 --> 08:31.640]  He had open containers in the car.
[08:31.640 --> 08:40.120]  He failed the sobriety test, he refused to stop, minor little things and he tried to
[08:40.120 --> 08:44.560]  get out of the stop and everything by saying he was an assistant DA, he pulled out his
[08:44.560 --> 08:49.840]  ID and all that and the cop just kind of rolled his eyes.
[08:49.840 --> 08:52.600]  There was three of them that had to stop him.
[08:52.600 --> 08:58.360]  But selective prosecution is one of the things that we filed in that one.
[08:58.360 --> 09:05.640]  Considering the differences and the similarities between the two cases and what was charged
[09:05.640 --> 09:14.000]  and what was not charged, mine started out, I demanded an examining trial that had not
[09:14.000 --> 09:22.200]  done anything at that point, this is way back when.
[09:22.200 --> 09:29.200]  To magistrate, district court judge that granted my motion, my demand for an examining trial,
[09:29.200 --> 09:35.640]  had been a federal prosecutor for 15 years before being a district court judge.
[09:35.640 --> 09:41.560]  He did not know, according to him, what an examining trial was.
[09:41.560 --> 09:48.320]  Now if you can believe that one, I got some property in Arizona that's on the OSHA.
[09:48.320 --> 09:52.920]  He should have been very conversant with Gerstein Pugh.
[09:52.920 --> 10:05.600]  Yep, the FRCP criminal is very explicit about warrantless arrests and I brought this up
[10:05.600 --> 10:12.800]  to him, but in the middle of the examining trial, I get indicted.
[10:12.800 --> 10:19.280]  This is the same judge that authorized the convening of the grand jury to indict me.
[10:19.280 --> 10:27.560]  And it was done on the same day and everything else as my examining trial in the same courthouse,
[10:27.560 --> 10:29.400]  going on at the same time.
[10:29.400 --> 10:38.600]  Okay, 16.01, Texas Code of Criminal Procedure is really hard to misinterpret.
[10:38.600 --> 10:49.680]  A person has a right to an examining trial prior to indictment.
[10:49.680 --> 10:57.800]  That is not hard to understand, not concurrent with indictment, but prior, this gives you
[10:57.800 --> 11:02.080]  opportunity to enter exculpatory evidence.
[11:02.080 --> 11:03.080]  Yeah.
[11:03.080 --> 11:08.920]  Well, I had a bunch of witnesses there and everything else, we were gonna get this thing
[11:08.920 --> 11:14.200]  put to bed real quick, but we never got to that point.
[11:14.200 --> 11:21.600]  So judges say, well, if you don't like what I did, well, you can appeal it.
[11:21.600 --> 11:29.600]  Well, I told Judge Robert, what was his name, Robert, I want to say Hopkins, they're Robert
[11:29.600 --> 11:33.640]  Hopkins, head criminal district judge for Travis County.
[11:33.640 --> 11:38.600]  When I dumped criminal charges on him against all the highest judges in Texas, Court of
[11:38.600 --> 11:45.720]  Criminal Appeals, he said, well, Mr. Kelton, you should file this to the Sheriff's Department,
[11:45.720 --> 11:47.720]  said he did that.
[11:47.720 --> 11:48.720]  He threw him in the trash.
[11:48.720 --> 11:53.680]  Well, Mr. Kelton, you should appeal to the Court of Appeals for reading mandamus.
[11:53.680 --> 11:56.360]  Oh, don't ask me to appeal, Judge.
[11:56.360 --> 12:00.800]  He'd go before a corrupt judge and he renders a bogus decision and they say, oh, that's
[12:00.800 --> 12:01.800]  okay.
[12:01.800 --> 12:07.280]  You can appeal it to a whole panel of corrupt judges and they'll really screw you a while.
[12:07.280 --> 12:09.800]  And he said, well, Mr. Kelton, I don't think it's quite that bad.
[12:09.800 --> 12:13.680]  I said, that's because you're not pro se, I got a better idea.
[12:13.680 --> 12:20.040]  I'll appeal to a grand jury to indict the judge.
[12:20.040 --> 12:22.720]  That's what I'm suggesting.
[12:22.720 --> 12:27.240]  What they did were crimes under the laws of the state of Texas.
[12:27.240 --> 12:34.320]  Yes, you can appeal their rulings to a Court of Appeals to get their ruling overturned,
[12:34.320 --> 12:41.920]  but their act is still a criminal act and it should be appealed to a grand jury.
[12:41.920 --> 12:45.400]  Every one of those acts should be filed with a grand jury.
[12:45.400 --> 12:48.160]  Oh, there's a group of them.
[12:48.160 --> 12:52.440]  One of the problems with the indictment, they indicted me on a state jail felony.
[12:52.440 --> 12:57.320]  Two years, state jail.
[12:57.320 --> 13:06.520]  Later on, I got re-arranged, same indictment, no change to it, no verbiage change on the
[13:06.520 --> 13:10.880]  document whatsoever, did not go back before a grand jury.
[13:10.880 --> 13:19.280]  They changed the arraignment to a Class C felony, 10 years, penance entry.
[13:19.280 --> 13:24.160]  Okay, do you say in the judge used to be a federal prosecutor?
[13:24.160 --> 13:26.560]  Well, that was the first judge.
[13:26.560 --> 13:35.960]  The second judge used to be a state prosecutor in the DA's office.
[13:35.960 --> 13:36.960]  That was...
[13:36.960 --> 13:37.960]  Okay.
[13:37.960 --> 13:42.080]  Let me go back to why I went there.
[13:42.080 --> 13:47.240]  This whoever was a prosecutor probably talked to that judge because this is what the feds
[13:47.240 --> 13:48.240]  do.
[13:48.240 --> 13:55.560]  The feds get an indictment over something that's easy to get and it's minor.
[13:55.560 --> 14:01.800]  Once they get that first indictment, then they go out and do their investigations and
[14:01.800 --> 14:07.480]  all superseding indictments are rubber stamped because the U.S. attorney has a rubber stamp
[14:07.480 --> 14:09.240]  with the foreman's name on it.
[14:09.240 --> 14:12.400]  They rubber stamp all superseding indictments.
[14:12.400 --> 14:19.920]  I had someone in California that we had evidence they did that with.
[14:19.920 --> 14:32.640]  We had the person make a request for the court reporter's minutes, no, for their request
[14:32.640 --> 14:37.720]  for payment for that day and we got back a response.
[14:37.720 --> 14:40.480]  There was no grand jury here in that day.
[14:40.480 --> 14:45.240]  Yet, the foreman stamped an indictment that day.
[14:45.240 --> 14:46.240]  Poof!
[14:46.240 --> 14:48.240]  The indictment went away.
[14:48.240 --> 14:51.880]  Good chance this indictment was rubber stamped.
[14:51.880 --> 14:56.440]  We had someone who was a grand jury foreman in Collin County.
[14:56.440 --> 15:02.440]  The prosecutor came to him and informed him that they made a rubber stamp for him so that
[15:02.440 --> 15:08.280]  he wouldn't have to hand sign each of these indictments.
[15:08.280 --> 15:14.320]  I asked him, did they only make one rubber stamp?
[15:14.320 --> 15:18.320]  He said, good question.
[15:18.320 --> 15:23.840]  Good chance that's exactly what you got.
[15:23.840 --> 15:31.120]  If you can locate the foreman of the grand jury, find out if he actually did.
[15:31.120 --> 15:37.560]  I've got the payment stuff, information on the grand jury and everything else.
[15:37.560 --> 15:45.440]  The assistant foreman on the grand jury that indicted me is the wife of the senior agent
[15:45.440 --> 15:52.840]  that was there at the scene of the arrest.
[15:52.840 --> 15:56.000]  What's wrong with them, Fisher?
[15:56.000 --> 16:01.040]  That's an interesting issue.
[16:01.040 --> 16:10.560]  I'd like to sound at that because now you get to claim that the wife had a duty to recuse
[16:10.560 --> 16:13.040]  herself and didn't.
[16:13.040 --> 16:19.880]  Now you introduce the officer to the court of angry wife when you go after the wife for
[16:19.880 --> 16:25.200]  doing what the officer wanted her to.
[16:25.200 --> 16:29.320]  Nothing like the court of angry wife.
[16:29.320 --> 16:34.480]  He has to go to sleep some time.
[16:34.480 --> 16:37.320]  And she can stay mad longer and he can stay awake.
[16:37.320 --> 16:39.320]  Okay, we're about to go to break.
[16:39.320 --> 16:41.520]  Do you need to close this up?
[16:41.520 --> 16:44.200]  Yeah, I know.
[16:44.200 --> 16:48.000]  I would like to talk to you about this off the air because there's some interesting things
[16:48.000 --> 16:50.000]  I'm looking at here.
[16:50.000 --> 16:52.200]  Okay, we're going to break.
[16:52.200 --> 16:55.240]  Randy Kelton, Rural Rail Radio.
[16:55.240 --> 17:00.120]  A calling number is 512-646-1984, we'll be right back.
[17:00.120 --> 17:01.120]  Dang, Cookie.
[17:01.120 --> 17:02.120]  Cookie?
[17:02.120 --> 17:03.120]  Me love cookies.
[17:03.120 --> 17:04.640]  Oh, hi, Cookie Munchers.
[17:04.640 --> 17:06.200]  No, these are yucky cookies.
[17:06.200 --> 17:07.200]  Cookie?
[17:07.200 --> 17:08.200]  Yucky?
[17:08.200 --> 17:09.200]  No, no bad cookies.
[17:09.200 --> 17:11.040]  You can't even eat these cookies.
[17:11.040 --> 17:12.040]  These are cyber cookies.
[17:12.040 --> 17:14.040]  No, can't eat it.
[17:14.040 --> 17:17.040]  No, they are cyber cookies and they clog up your computer.
[17:17.040 --> 17:18.040]  Me have apples.
[17:18.040 --> 17:19.040]  Really?
[17:19.040 --> 17:21.240]  Oh, that's an actual apple.
[17:21.240 --> 17:22.240]  Yummy apple.
[17:22.240 --> 17:26.760]  I'm going to throw away these yucky cookies in the trash.
[17:26.760 --> 17:32.880]  I click control, shift, delete, and then scroll down to cookies and clear them.
[17:32.880 --> 17:34.440]  Bye bye, yucky cookies.
[17:34.440 --> 17:40.240]  Now, I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand
[17:40.240 --> 17:46.160]  side, bookmark the link, and I can go to Amazon through this link and order you some yummy
[17:46.160 --> 17:47.160]  new cookie.
[17:47.160 --> 17:48.160]  New cookies?
[17:48.160 --> 17:49.160]  For me?
[17:49.160 --> 17:53.560]  Better than early Christmas presents, and every time I order on Amazon, I go through
[17:53.560 --> 17:57.480]  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.
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[18:59.360 --> 19:00.360]  now.
[19:00.360 --> 19:25.360]  You are listening to the Logos Radio Network at www.logosradio-network.com.
[19:25.360 --> 19:26.360]  Well don't let nothing get to you.
[19:26.360 --> 19:27.360]  Only the father can do it by you.
[19:27.360 --> 19:28.360]  So don't let bad-mine people hurt you.
[19:28.360 --> 19:34.360]  We are talking to Pat in Texas and one of the things that I'm thinking through this
[19:34.360 --> 19:40.280]  whole thing is become clear to me that you'll never win your case simply because you have
[19:40.280 --> 19:45.080]  the law and the facts on your side and it's clear that you have the law and the facts
[19:45.080 --> 19:50.680]  on your side but at the end of the day it doesn't make any difference.
[19:50.680 --> 19:56.120]  You gotta have the politics on your side and all of the time you were going through this
[19:56.120 --> 20:06.320]  I'm thinking how do we use this issue, these issues, to create a political firestorm for
[20:06.320 --> 20:09.000]  these guys?
[20:09.000 --> 20:11.720]  Well that's what we did.
[20:11.720 --> 20:18.120]  The only time I got some real movement in the case that actually drove the dismissal
[20:18.120 --> 20:25.480]  was we started recusing and removing the district court judges that were involved with the case
[20:25.480 --> 20:30.760]  because they didn't want to sign any orders and you know as well as I do an order has
[20:30.760 --> 20:39.720]  to be in writing and it has to be signed to give you an appealable point and Eddie gave
[20:39.720 --> 20:44.360]  me the case law and there was ten cases.
[20:44.360 --> 20:47.360]  Okay hang on let me explain to everybody.
[20:47.360 --> 20:52.720]  It is the duty of the judge to determine the facts in accordance with the rules of evidence
[20:52.720 --> 20:57.240]  that apply the law as it comes to him to the facts in the case.
[20:57.240 --> 21:06.400]  If he doesn't give you an order- Hello, Randy, you dropped off.
[21:06.400 --> 21:07.400]  Again.
[21:07.400 --> 21:23.040]  You've got to wiggle that cable a little bit, annoying Mike, okay am I back yet?
[21:23.040 --> 21:24.880]  Yeah you're back in.
[21:24.880 --> 21:28.920]  I've got a pound fall hammer that'll fix that.
[21:28.920 --> 21:31.720]  I need to put another mic on.
[21:31.720 --> 21:35.720]  I'm not sure if it's the mic or the cable, I've changed cables, it worked for a while
[21:35.720 --> 21:38.600]  and it's starting again so I'll have to work on that.
[21:38.600 --> 21:42.800]  But the judge has to apply the law to the facts.
[21:42.800 --> 21:50.520]  If he doesn't tell you what facts were developed, what law was placed in evidence and how he
[21:50.520 --> 21:58.200]  applied that law to the facts, you don't have any idea how to file an appeal because you
[21:58.200 --> 22:03.200]  don't know what the ruling was and when they get contentious issues where they want to
[22:03.200 --> 22:09.360]  screw somebody, the judge does not want to put his name on the ruling.
[22:09.360 --> 22:11.920]  Okay, go ahead, Pat.
[22:11.920 --> 22:17.000]  So we started removing the judges.
[22:17.000 --> 22:22.680]  The two district court judges have, well you have to do it in the courts with Texas Rules
[22:22.680 --> 22:31.160]  of Civil Procedure, Rule 18A, once the judge gets notified in writing that he's either
[22:31.160 --> 22:34.960]  being recused or removed, you know, the motion is there.
[22:34.960 --> 22:42.800]  He has three day period, calendar days, to answer that, back to the court clerk.
[22:42.800 --> 22:44.680]  They didn't do it.
[22:44.680 --> 22:55.000]  The judicial administrative region judge answered for them by appointing somebody else without
[22:55.000 --> 23:03.640]  a removal order or a recusal order in file, which he violated the canons and he violated
[23:03.640 --> 23:13.200]  the Texas Rules of Civil Procedure and the order appointing somebody was okay, but there
[23:13.200 --> 23:17.320]  was no supporting order removing the others.
[23:17.320 --> 23:21.680]  So he violated the basic contention.
[23:21.680 --> 23:25.120]  So I went in to remove him.
[23:25.120 --> 23:32.680]  At this point we're at Chief Justice Hesht of the Texas Supreme Court and the governor.
[23:32.680 --> 23:39.200]  The governor appoints the judicial administrative judges on a four-year tenure.
[23:39.200 --> 23:40.200]  They're not elected.
[23:40.200 --> 23:46.040]  Hesht is the chief administrative judge for the entire judicial system in the state.
[23:46.040 --> 23:51.160]  He's the chief justice for the Texas Supreme Court.
[23:51.160 --> 23:59.120]  Now, this went back and forth a couple of times, but at the end of the day, the judicial
[23:59.120 --> 24:09.720]  administrative judge that is sitting in my region remained in to do his duties.
[24:09.720 --> 24:13.160]  He assumed the presiding judge in my case.
[24:13.160 --> 24:19.560]  Well, you want to know who the presiding judge is in the assistant DA's case that got picked
[24:19.560 --> 24:21.600]  up for DUI?
[24:21.600 --> 24:22.600]  Same guy.
[24:22.600 --> 24:27.320]  He's an administrative judge?
[24:27.320 --> 24:31.080]  Oh, he must be a retired judge.
[24:31.080 --> 24:38.920]  I'm trying to figure out how he gets here because head administrative judge is not a
[24:38.920 --> 24:40.920]  sitting judge.
[24:40.920 --> 24:43.360]  Yeah, he's not a judicial officer.
[24:43.360 --> 24:45.240]  He's administrative officer.
[24:45.240 --> 24:50.040]  But if he's a retired judge, he can be called back to the bench.
[24:50.040 --> 24:54.440]  Well, he called himself back to the bench.
[24:54.440 --> 24:58.280]  And my dismissal hearing was by telephone.
[24:58.280 --> 25:03.960]  They called me here at the house on a three-way, and we had a three-minute discussion about
[25:03.960 --> 25:04.960]  it.
[25:04.960 --> 25:14.480]  And I got the email in just the other day with a dismissal order, dismissed with prejudice.
[25:14.480 --> 25:19.520]  They want me to go away real, real bad.
[25:19.520 --> 25:25.000]  There are a series of things in there that I have not touched on, but it wasn't until
[25:25.000 --> 25:37.840]  we started recusing the judges for abusive process and due process violations by them
[25:37.840 --> 25:41.840]  not finding the orders of anything.
[25:41.840 --> 25:42.840]  It doesn't make any difference.
[25:42.840 --> 25:48.720]  I don't care if they want a Coca-Cola brought into the courtroom.
[25:48.720 --> 25:51.440]  I want a signed order.
[25:51.440 --> 25:53.840]  I've got a brother that's an attorney in all my life.
[25:53.840 --> 25:59.360]  I've heard nothing from him, but if it's not in writing, it's never been said.
[25:59.360 --> 26:00.360]  Exactly.
[26:00.360 --> 26:02.440]  He's a criminal.
[26:02.440 --> 26:04.000]  He does contract law.
[26:04.000 --> 26:06.360]  You don't want to sit down next to a contract with him.
[26:06.360 --> 26:09.480]  I mean, he's very anal and retentive.
[26:09.480 --> 26:15.160]  He's worse than I am, believe me.
[26:15.160 --> 26:16.160]  You have to be pedantic.
[26:16.160 --> 26:18.320]  That's the faster than I do.
[26:18.320 --> 26:22.000]  You have to pay attention to detail to get it right.
[26:22.000 --> 26:29.760]  Yeah, well, I was a QC for nuclear weapons, but you only make one mistake.
[26:29.760 --> 26:38.040]  If you're putting a discharged cartridge into an out-burgey board ejector rack on a one-ton
[26:38.040 --> 26:45.520]  tactical nuke and you drop it, don't try to catch it because it'll hit your middle finger,
[26:45.520 --> 26:50.440]  push it down, and flip it across tarmac.
[26:50.440 --> 26:52.560]  It gets real ugly.
[26:52.560 --> 26:57.440]  Pat understands I used to load nuclear weapons.
[26:57.440 --> 27:06.520]  If you turn so that at any point in time, the person next to you is out of your direct
[27:06.520 --> 27:07.520]  field of vision.
[27:07.520 --> 27:09.080]  They stop the load.
[27:09.080 --> 27:20.400]  They are absolutely insane about nukes, and that's why we haven't had a major nuclear
[27:20.400 --> 27:21.400]  accident.
[27:21.400 --> 27:28.440]  We've had broken arrows and been spears, but no accidental discharge.
[27:28.440 --> 27:41.160]  I had a nuclear EOD specialist friend of mine said that someone painted a live nuke training
[27:41.160 --> 27:43.080]  shape gray.
[27:43.080 --> 27:51.040]  They had it somewhere in Arizona using it for training, but it's supposed to be a training
[27:51.040 --> 28:00.000]  shape, but no matter, they treated it like a live nuclear weapon anyway, good thing they
[28:00.000 --> 28:01.000]  did.
[28:01.000 --> 28:05.560]  It was a 40 megatub of the entry vehicle.
[28:05.560 --> 28:12.960]  When he says there are any that can retain it from nukes, they're absolutely in a retain.
[28:12.960 --> 28:13.960]  Enough for more stories.
[28:13.960 --> 28:19.000]  Pat, I do want to talk about this online because I want to talk about the politics.
[28:19.000 --> 28:24.960]  I do have a bunch of other callers I need to get to.
[28:24.960 --> 28:30.960]  The real politics started when we actually hit a removal of the judicial administrative
[28:30.960 --> 28:32.960]  judge.
[28:32.960 --> 28:35.880]  I do mean real fast.
[28:35.880 --> 28:41.560]  People were moving, paperwork was moving, there was phone calls made.
[28:41.560 --> 28:48.320]  My wife currently sitting on the grand jury, the same day that she got selected for grand
[28:48.320 --> 28:57.640]  jury duty, one of the judges that we removed is the judge of the court that called the
[28:57.640 --> 29:04.080]  grand jury, convened the grand jury for six months.
[29:04.080 --> 29:05.080]  He knows my wife.
[29:05.080 --> 29:06.080]  Okay, hold on.
[29:06.080 --> 29:07.580]  I filed on him.
[29:07.580 --> 29:09.640]  Wait, wait, hold on.
[29:09.640 --> 29:13.040]  That raises a serious issue.
[29:13.040 --> 29:20.360]  This judge obviously knew of the issues you were having.
[29:20.360 --> 29:26.800]  Why would that not disqualify her?
[29:26.800 --> 29:36.360]  He asked very pointedly, and this is where something came up, that very same day, he
[29:36.360 --> 29:39.680]  asked if she could be fair and impartial.
[29:39.680 --> 29:47.600]  She said, yes, as far as the law will allow, and my wife will.
[29:47.600 --> 29:51.880]  The other side of it is, as soon as she left the court now.
[29:51.880 --> 29:52.880]  Okay, hang on.
[29:52.880 --> 29:53.880]  We'll be right back.
[29:53.880 --> 29:58.040]  Randy Kelton, move our radio, we'll be right back.
[29:58.040 --> 30:04.440]  It's been called the perfect food, and in the early part of the 20th century, this food
[30:04.440 --> 30:07.400]  was actually used to treat and sometimes cure disease.
[30:07.400 --> 30:12.160]  I'm Dr. Katherine Albrecht, and in just a moment, I'll be back with the raw facts.
[30:12.160 --> 30:16.760]  Google is watching you, recording everything you've ever searched for, and creating a massive
[30:16.760 --> 30:19.400]  database of your personal information.
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[30:42.760 --> 30:47.320]  If cream in your coffee sends you reeling with cramps, you could be lactose intolerant.
[30:47.320 --> 30:50.200]  For millions, even small amounts of milk can be trouble.
[30:50.200 --> 30:54.920]  But a surprising new trend is a lot of people saying, move over, pasteurize milk, and bring
[30:54.920 --> 30:56.080]  on the real stuff.
[30:56.080 --> 30:57.080]  Raw milk.
[30:57.080 --> 31:00.960]  Research shows four out of five people with lactose intolerance can drink raw milk with
[31:00.960 --> 31:05.440]  no symptoms, and farm families who drink raw milk have fewer allergies than the rest
[31:05.440 --> 31:06.440]  of us.
[31:06.440 --> 31:10.000]  For thousands of years, people drank milk straight from the cow, right to the glass.
[31:10.000 --> 31:11.720]  No pasteurizing, no homogenizing.
[31:11.720 --> 31:15.720]  So go ahead, pour some in your coffee, splash some on your cereal.
[31:15.720 --> 31:16.720]  Raw milk.
[31:16.720 --> 31:18.220]  Talk about doing a body good.
[31:18.220 --> 31:19.720]  I'm Dr. Catherine Albrecht.
[31:19.720 --> 31:37.480]  Here's some news and information at CatherineAlbrecht.com.
[31:37.480 --> 32:01.760]  Let's take a look.
[32:01.760 --> 32:03.400]  The.
[32:03.400 --> 32:06.400]  The rule of law radio is proud to offer the rule of law traffic seminar.
[32:06.400 --> 32:08.400]  In today's America, we live in an us against them society.
[32:08.400 --> 32:13.400]  If we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights.
[32:13.400 --> 32:16.400]  Among those rights are the right to travel freely from place to place,
[32:16.400 --> 32:20.400]  the right to act in our own private capacity, and most importantly, the right to due process of law.
[32:20.400 --> 32:26.400]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[32:26.400 --> 32:29.400]  Former Sheriff's Deputy Eddie Craig, in conjunction with rule of law radio,
[32:29.400 --> 32:34.400]  has put together the most comprehensive teaching tool available that will help you understand what due process is
[32:34.400 --> 32:36.400]  and how to hold courts to the rule of law.
[32:36.400 --> 32:40.400]  You can get your own copy of this invaluable material by going to ruleoflawradio.com
[32:40.400 --> 32:41.400]  and ordering your copy today.
[32:41.400 --> 32:46.400]  By ordering now, you will receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie,
[32:46.400 --> 32:48.400]  video and audio of the original 2009 seminar.
[32:48.400 --> 32:51.400]  Hundreds of research documents and other useful resource material.
[32:51.400 --> 32:55.400]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:55.400 --> 33:00.400]  Order your copy today and together we can have free society we all want and deserve.
[33:25.400 --> 33:30.400]  The Texas Transportation Code
[33:56.400 --> 33:58.400]  Okay, we are back.
[33:58.400 --> 34:01.400]  Randy Kelton, rule of law radio and George John Danny.
[34:01.400 --> 34:09.400]  I'm sorry to hold you up, but when I get a guest that has this much good knowledge,
[34:09.400 --> 34:15.400]  I just owe it to everybody to give this time.
[34:15.400 --> 34:18.400]  And that's what makes this four-hour show so good.
[34:18.400 --> 34:28.400]  And Debra is in the process of calling a really obnoxious chump to see if we can get him on the air.
[34:28.400 --> 34:33.400]  Eddie Craig, Eddie Craig was a part of this whole deal that worked with Pat,
[34:33.400 --> 34:35.400]  and we're going to see if we can bring him on.
[34:35.400 --> 34:39.400]  But don't tell him I called him an obnoxious chump.
[34:39.400 --> 34:42.400]  Oh well, go ahead and tell him.
[34:42.400 --> 34:45.400]  Okay, go ahead, Pat.
[34:45.400 --> 34:50.400]  Eddie gets no slack from me.
[34:50.400 --> 34:54.400]  Oh, Eddie has been a godsend, Randy.
[34:54.400 --> 35:00.400]  Him and you and a number of other people over the years, you'd be surprised.
[35:00.400 --> 35:07.400]  Without the help and the knowledge base that you all have and the research that you all have done,
[35:07.400 --> 35:12.400]  none of this that I have done would have been possible.
[35:12.400 --> 35:18.400]  Between y'all and then Jennifer, and I think you know who Jennifer is.
[35:18.400 --> 35:21.400]  She's a gal with land patents.
[35:21.400 --> 35:28.400]  She has come up with some things very, very timely, out of the blue,
[35:28.400 --> 35:34.400]  sends me an email, please, this might be of interest to you.
[35:34.400 --> 35:41.400]  And it'll be a court citation of something that went down somewhere at some time
[35:41.400 --> 35:44.400]  and is right on topic.
[35:44.400 --> 35:47.400]  I mean, it's just the one we needed.
[35:47.400 --> 35:52.400]  The whole crux of the matter on this, and everybody needs to understand this,
[35:52.400 --> 35:57.400]  is what they did is they started off in traffic code.
[35:57.400 --> 36:03.400]  Instead of charging me under the traffic code, which would have been a Class B misdemeanor,
[36:03.400 --> 36:14.400]  they charged me with a Class D felony under the penal code that not in the second indictment,
[36:14.400 --> 36:17.400]  because there is no second indictment.
[36:17.400 --> 36:20.400]  There's second arraignment.
[36:20.400 --> 36:26.400]  They changed it to a Class C felony.
[36:26.400 --> 36:35.400]  And they screwed up by the numbers when they did that by taking it out of the transportation code.
[36:35.400 --> 36:41.400]  The main case that deals with that is the Z's versus Texas.
[36:41.400 --> 36:44.400]  It was settled in 2008.
[36:44.400 --> 36:48.400]  And there's a lot of stuff out there on the web about it.
[36:48.400 --> 36:53.400]  And it's addressed directly.
[36:53.400 --> 36:55.400]  Are you there, Randy?
[36:55.400 --> 36:56.400]  I'm here.
[36:56.400 --> 36:59.400]  I was hoping that Eddie would come on.
[36:59.400 --> 37:03.400]  Eddie, are you there?
[37:03.400 --> 37:05.400]  No, I don't hear Eddie yet.
[37:05.400 --> 37:09.400]  He may be a little reluctant because he just got a pizza.
[37:09.400 --> 37:14.400]  And I told him he couldn't eat pizza while we're on the air because I don't have one.
[37:14.400 --> 37:19.400]  So over here, I haven't had a pizza in I don't know how long.
[37:19.400 --> 37:22.400]  The nearest pizza place to me was 100 miles.
[37:22.400 --> 37:28.400]  Anyway, we filed the Z's motion.
[37:28.400 --> 37:38.400]  Then I'm trying, Lorenz, Lawrence versus the city of Rivera Beach about transportation.
[37:38.400 --> 37:48.400]  U.S. Supreme Court ruling 2013, if a third party can look at whatever you have
[37:48.400 --> 37:54.400]  and ascertain that it is not in transportation, in other words, commercial transportation,
[37:54.400 --> 37:58.400]  then you cannot apply the transportation code.
[37:58.400 --> 38:03.400]  And that was by the U.S. Supreme Court.
[38:03.400 --> 38:09.400]  There's a lot of things that we've filed.
[38:09.400 --> 38:17.400]  But at the bottom of the whole thing is now we've got to go after them civilly, criminally,
[38:17.400 --> 38:24.400]  because there's a lot of rights violations, there's abuse of process, abuse of capacity, abuse of office.
[38:24.400 --> 38:34.400]  Okay, this is something I want to talk when we have more time off the air because whenever I go after one of these,
[38:34.400 --> 38:45.400]  I take all the stuff I got and look at it and say, okay, how can I create this really sinister story?
[38:45.400 --> 38:53.400]  How can I make up some really awful sounding motivations here and then take the facts of this case
[38:53.400 --> 39:00.400]  and fit them together in such a way as to point at this sinister outcome?
[39:00.400 --> 39:08.400]  And then go back and only file those complaints that leads toward this outcome
[39:08.400 --> 39:17.400]  and always do this in terms of what would a grand jury of my peers think about what I am presenting?
[39:17.400 --> 39:24.400]  How could I infuriate them and motivate them to want to do something different?
[39:24.400 --> 39:33.400]  This causes me to dump out a lot of complaints I could make, but it gives me a very consistent and coherent story.
[39:33.400 --> 39:42.400]  I look at jurysimprudence.website and go to the Cherokee County complaints that I created.
[39:42.400 --> 39:51.400]  There's a big statement there, and you go through that statement and then there's about 30 criminal complaints
[39:51.400 --> 39:59.400]  and you can cross-check the criminal complaints to the statement and they all fall right in line.
[39:59.400 --> 40:06.400]  It builds a story that instead of you making a complaint, somebody says, well, why on earth would they do that?
[40:06.400 --> 40:10.400]  By building it this way, they never ask that question.
[40:10.400 --> 40:15.400]  It's very clear why you're claiming they did that and what their motivations were.
[40:15.400 --> 40:18.400]  Am I making sense, Pat?
[40:18.400 --> 40:20.400]  Perfect.
[40:20.400 --> 40:29.400]  What we were trying to do, my history with the Border Patrol is the key lead-in to this whole thing
[40:29.400 --> 40:36.400]  because that's who was paying the DPS and the deputies for drug addiction.
[40:36.400 --> 40:39.400]  That's something that they can't do.
[40:39.400 --> 40:47.400]  Pat's been calling in for almost 10 years and he started out with issues just with the Border Patrol.
[40:47.400 --> 40:56.400]  When you told me about this, Pat, it was clear to me that the Border Patrol couldn't handle you directly,
[40:56.400 --> 41:04.400]  so they engaged the DPS and the local courts to try to help them get you out of their hair
[41:04.400 --> 41:06.400]  so they could pretty well do what they want to.
[41:06.400 --> 41:10.400]  I'm real pleased with how this has turned out.
[41:10.400 --> 41:18.400]  You may be the one to force the state to change a lot of their practices,
[41:18.400 --> 41:21.400]  and there's one in particular I want to get them to change.
[41:21.400 --> 41:24.400]  But we do need to move on.
[41:24.400 --> 41:26.400]  We've got a bunch of callers.
[41:26.400 --> 41:33.400]  I'll send an email with my current phone numbers and everything and what we can talk about.
[41:33.400 --> 41:40.400]  I'll tell you what, hang on, Pat. Let me take Danny. We're going to get Eddie in the next segment.
[41:40.400 --> 41:47.400]  If you'll hang on, let me take Danny and then we'll go back to you and Eddie when we come back when he gets on.
[41:47.400 --> 41:54.400]  Randy, I've got no place to go. My wife is in home and I'm here and I'm 100 miles from civilization.
[41:54.400 --> 42:00.400]  I'm just going to mute your line and when Eddie comes home, we'll pick you back up.
[42:00.400 --> 42:09.400]  Okay. Okay, thank you. Okay, now we're going to go to Danny in Tennessee. Hello, Danny.
[42:09.400 --> 42:13.400]  Hey, Randy, how are you being? You're in Tennessee tonight?
[42:13.400 --> 42:24.400]  I am in Wicca County, Tennessee, and I am surrounded by hillbillies, and I'm related to all of them.
[42:24.400 --> 42:30.400]  A couple of times. Okay, what's up, Danny?
[42:30.400 --> 42:35.400]  Well, are you heading back to Texas soon?
[42:35.400 --> 42:46.400]  No. My mother's 94 and we got her new knees and now we can't keep her from chasing the truck drivers.
[42:46.400 --> 42:58.400]  So I had to come up here and take care of her. I'm up here taking care of my mom. The work I do is mostly on the computer, so I can do my work from here.
[42:58.400 --> 43:03.400]  So I'm up here kind of taking care of my mother. I'm not sure how long I'll be here.
[43:03.400 --> 43:10.400]  I'm just wondering. You're heading back. Contact me. I'm just down the road from you now.
[43:10.400 --> 43:21.400]  Yeah, you're only about 60 miles away and I may be coming to Jackson next week because I may need to come down to a Best Buy and pick up some.
[43:21.400 --> 43:29.400]  I've got to pick up some stuff I can't get here. I'm turning my mom's house into a smart house.
[43:29.400 --> 43:35.400]  We're going to put in some video cameras so we can kind of keep an eye on her.
[43:35.400 --> 43:41.400]  And they all have mics on them, so she has a short-term memory loss.
[43:41.400 --> 43:47.400]  She can't learn new things because of her no short-term memory.
[43:47.400 --> 43:55.400]  So we have to design the house so she can use what she already knows.
[43:55.400 --> 43:59.400]  We'll come back this one. We'll come back on the other side and we'll be right back.
[43:59.400 --> 44:07.400]  It's the 2017 Logos Radio Network Annual Fundraiser sponsored by Central Texas Gunworks.
[44:07.400 --> 44:10.400]  Defense distributed in Fatsal, Delhi.
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[44:42.400 --> 44:47.400]  Also, if you purchase Randy Kelton's e-book, Legal101, you get four chances to win.
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[45:25.400 --> 45:28.400]  And now you can, too.
[45:28.400 --> 45:34.400]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.400 --> 45:39.400]  Even if you're not in a lawsuit, you can learn what everyone should understand
[45:39.400 --> 45:43.400]  about the principles and practices that control our American courts.
[45:43.400 --> 45:49.400]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
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[45:54.400 --> 46:22.400]  and click on the banner or call toll-free 866-LAW-EZ.
[46:22.400 --> 46:29.400]  And now you can, too.
[46:52.400 --> 47:00.400]  Okay, we are back.
[47:00.400 --> 47:02.400]  We're in Kelton, rule of law radio.
[47:02.400 --> 47:04.400]  And Danny, you want to hang on a minute?
[47:04.400 --> 47:10.400]  We've got Eddie Craig on the line.
[47:10.400 --> 47:13.400]  And I want to get him and Pat up.
[47:13.400 --> 47:15.400]  Eddie?
[47:15.400 --> 47:17.400]  Yes, sir.
[47:17.400 --> 47:21.400]  Okay. Kind of give us a synopsis of Pat's case.
[47:21.400 --> 47:24.400]  Pat and I have been going over it in some detail.
[47:24.400 --> 47:31.400]  Well, in this case, they tried to charge him with felony evasion through use of a vehicle.
[47:31.400 --> 47:36.400]  They were trying to conduct an illegal traffic stop for speeding.
[47:36.400 --> 47:39.400]  And they had him out in the middle of nowhere.
[47:39.400 --> 47:44.400]  And Pat has a physical disability that if they had had him pull off the side of the road
[47:44.400 --> 47:46.400]  and he had gotten a flat or something like that,
[47:46.400 --> 47:49.400]  he would have been completely stranded with no cell phone service,
[47:49.400 --> 47:51.400]  no ability to change the flat.
[47:51.400 --> 47:54.400]  It could have killed him literally to stop where he was
[47:54.400 --> 47:57.400]  if they had done anything to cause him a problem and leave him there,
[47:57.400 --> 47:59.400]  which they're prone to do.
[47:59.400 --> 48:02.400]  They call themselves not a taxi service,
[48:02.400 --> 48:06.400]  even if they're the ones that leave you stranded out in the middle of nowhere.
[48:06.400 --> 48:11.400]  So Pat, in an effort to protect himself and his property,
[48:11.400 --> 48:16.400]  went on to try to access a public place to pull over,
[48:16.400 --> 48:20.400]  which out in the middle of nowhere where they were was going to take a little bit of time.
[48:20.400 --> 48:26.400]  But they wound up cutting him off Highway Patrol and Border Patrol,
[48:26.400 --> 48:28.400]  or was it kind of Sheriff and Border Patrol?
[48:28.400 --> 48:32.400]  Anyway, a couple of law enforcement agencies of which Border Patrol was one,
[48:32.400 --> 48:35.400]  stopped him before he could get to a public place,
[48:35.400 --> 48:37.400]  forced him out of his van at gunpoint,
[48:37.400 --> 48:43.400]  and then they tried to charge him with felony evasion and a few other things.
[48:43.400 --> 48:48.400]  This case has been going on for well over a year.
[48:48.400 --> 48:52.400]  I filed the paperwork right after this began,
[48:52.400 --> 48:58.400]  and they asked me to help charging the state for illegally prosecuting him
[48:58.400 --> 49:01.400]  with an indictment without a right to an examining trial,
[49:01.400 --> 49:04.400]  which the statute very clearly says he has.
[49:04.400 --> 49:09.400]  The paperwork we filed completely tears apart the state theory
[49:09.400 --> 49:14.400]  on allowing the grand jury to make the determination of probable cause.
[49:14.400 --> 49:20.400]  That's not the way Texas law currently has it set up to work.
[49:20.400 --> 49:23.400]  Plus, in the case of a probable cause determination,
[49:23.400 --> 49:29.400]  both sides are supposed to be allowed to make a presentment of evidence,
[49:29.400 --> 49:32.400]  and that would not be the case in a grand jury indictment,
[49:32.400 --> 49:36.400]  because the accused is never allowed to go in and fight back
[49:36.400 --> 49:41.400]  unless the grand jury specifically requests their present.
[49:41.400 --> 49:48.400]  So it does not operate at all like an examining trial is required to do in Texas.
[49:48.400 --> 49:58.400]  Yes, and 16.01 very clearly states that you have a right to an examining trial
[49:58.400 --> 50:03.400]  in a felony case prior to indictment,
[50:03.400 --> 50:08.400]  and that gives you, and in the same 16.01,
[50:08.400 --> 50:16.400]  you're given the option of making a statement before any evidence is presented against you.
[50:16.400 --> 50:19.400]  So you got an opportunity to enter a sculptory evidence.
[50:19.400 --> 50:24.400]  Yeah, the way they're interpreting it is completely inconsistent with due process.
[50:24.400 --> 50:28.400]  The fact is that the only thing that statute actually says
[50:28.400 --> 50:33.400]  is that if you're being charged with a felony, since they don't do indictments
[50:33.400 --> 50:36.400]  in misdemeanor cases anymore like they're supposed to,
[50:36.400 --> 50:40.400]  even though Article 5, Section 21 says they have to still,
[50:40.400 --> 50:43.400]  the fact that they don't do it for misdemeanors,
[50:43.400 --> 50:45.400]  the statute is specifically written to say,
[50:45.400 --> 50:49.400]  well, even though you don't do it in a misdemeanor in a felony case,
[50:49.400 --> 50:51.400]  you better make sure this happens.
[50:51.400 --> 50:53.400]  Okay, hang on.
[50:53.400 --> 50:58.400]  I was at a traffic court, and when they called me up,
[50:58.400 --> 51:02.400]  I told the judge I was here for an examining trial.
[51:02.400 --> 51:06.400]  And God was really cordial.
[51:06.400 --> 51:08.400]  I was surprised.
[51:08.400 --> 51:13.400]  And he said, well, Ms. Kelton, in a misdemeanor case,
[51:13.400 --> 51:16.400]  you don't have a right to an examining trial.
[51:16.400 --> 51:17.400]  And I said, so what?
[51:17.400 --> 51:20.400]  What's that have to do with anything?
[51:20.400 --> 51:25.400]  He said, well, 1601 says you only have a right to an examining trial in a felony case.
[51:25.400 --> 51:28.400]  I said, well, still, what does that have to do with anything?
[51:28.400 --> 51:36.400]  14.06 says you are required by statute to give me one.
[51:36.400 --> 51:40.400]  And that requirement becomes a part of due process,
[51:40.400 --> 51:42.400]  which I do have a right to.
[51:42.400 --> 51:46.400]  And the judge sat back in his seat and looked to me a minute,
[51:46.400 --> 51:50.400]  and he said, you know, I represent criminal clients,
[51:50.400 --> 51:53.400]  and we've been trying to get examining trials.
[51:53.400 --> 51:59.400]  And this is the argument, the reason that the judges have been denying examining trials.
[51:59.400 --> 52:04.400]  He said, I could use this argument in my cases.
[52:04.400 --> 52:08.400]  Well, what they're actually doing by making that statement is saying
[52:08.400 --> 52:12.400]  that a misdemeanor is not entitled to a probable cause determination.
[52:12.400 --> 52:14.400]  And that's complete baloney.
[52:14.400 --> 52:19.400]  Every criminal allegation is entitled to a probable cause determination,
[52:19.400 --> 52:23.400]  especially if it was based upon a warrantless arrest.
[52:23.400 --> 52:26.400]  Well, 16.17.
[52:26.400 --> 52:32.400]  Without 16.17, and 16.17 is where after the examining trial,
[52:32.400 --> 52:35.400]  the judge enters a determination,
[52:35.400 --> 52:40.400]  whether he found probable cause, released a guy at his liberty, whatever he did.
[52:40.400 --> 52:43.400]  He issues an order under 1670.
[52:43.400 --> 52:48.400]  16.17 seals it in an envelope under 1730
[52:48.400 --> 52:50.400]  and sends it to the clerk of the court of jurisdiction.
[52:50.400 --> 52:53.400]  That's how jurisdiction gets from the magistrate to the court.
[52:53.400 --> 53:00.400]  Without that 1617 order, within 48 hours,
[53:00.400 --> 53:06.400]  the accused has a statutory right to dismissal.
[53:06.400 --> 53:07.400]  Exactly.
[53:07.400 --> 53:08.400]  So how do they get it?
[53:08.400 --> 53:10.400]  It can't get around it.
[53:10.400 --> 53:13.400]  Yeah, but they certainly try it, but there's another thing.
[53:13.400 --> 53:18.400]  There is still a case in Texas, Ex parte Garcia,
[53:18.400 --> 53:23.400]  that very clearly states, in the case of a class B misdemeanor,
[53:23.400 --> 53:28.400]  that the state was still required to provide an examining trial.
[53:28.400 --> 53:35.400]  Because the examining trial process in Texas is the only process designated by law
[53:35.400 --> 53:40.400]  by which that determination of probable cause can be legitimately made.
[53:40.400 --> 53:46.400]  It is the only place where both sides get to present evidence.
[53:46.400 --> 53:51.400]  It is the only place where both sides get to talk to witnesses
[53:51.400 --> 53:56.400]  and get their statements down in a written form
[53:56.400 --> 54:01.400]  so that they can be impeached at trial if they change their story.
[54:01.400 --> 54:06.400]  I found a brief to that effect when they were going after Governor Perry.
[54:06.400 --> 54:15.400]  I sent it to their lawyers and they didn't use it.
[54:15.400 --> 54:17.400]  That would have got him out of the whole thing immediately.
[54:17.400 --> 54:19.400]  Yeah, and well, that's just it.
[54:19.400 --> 54:23.400]  No attorney wants to listen to a pro-c because they think they know more than we do.
[54:23.400 --> 54:29.400]  And the thing about it is, we're the only ones that actually bothers to read the stuff.
[54:29.400 --> 54:31.400]  Okay, you have got Pat on the line.
[54:31.400 --> 54:33.400]  I'm going to bring him in.
[54:33.400 --> 54:35.400]  Pat, are you there?
[54:35.400 --> 54:39.400]  No, I left about four hours ago.
[54:39.400 --> 54:42.400]  Well, at least you're not hanging from the windmill.
[54:42.400 --> 54:43.400]  Okay.
[54:43.400 --> 54:45.400]  No, no, I cut that windmill down.
[54:45.400 --> 54:47.400]  I got solar panels up.
[54:47.400 --> 54:49.400]  I got tired of that thing.
[54:49.400 --> 54:52.400]  But we're still on satellite.
[54:52.400 --> 54:57.400]  But now I got a chair and a bigger antenna.
[54:57.400 --> 55:13.400]  Okay, Eddie, how do we create from this enough politics to get the law changed?
[55:13.400 --> 55:22.400]  In this case, had they taken Pat directly to the nearest magistrate and held a proper examining trial,
[55:22.400 --> 55:25.400]  this would have all gone away almost immediately.
[55:25.400 --> 55:32.400]  This stat, the way the courts are interpreting this statute is absolutely unconstitutional.
[55:32.400 --> 55:38.400]  There's a federal constitutional rights challenge in this case, no ifs ands or buts.
[55:38.400 --> 55:39.400]  See, here's the thing.
[55:39.400 --> 55:47.400]  Texas law specifically says that the individual has a right to challenge the grand jury array before they are impaneled.
[55:47.400 --> 55:48.400]  Okay?
[55:48.400 --> 55:59.400]  Then it says, it also says that once that jury is impaneled, they have no ability to challenge anyone sitting on it,
[55:59.400 --> 56:07.400]  which right there completely negates the presumption that they can do an in-run around the examining trial to get a secret indictment.
[56:07.400 --> 56:13.400]  Under those conditions, no indictment in Texas can be secret.
[56:13.400 --> 56:22.400]  Under those same conditions, they have to disimpanel the grand jury and re-impanel the grand jury for each indictment,
[56:22.400 --> 56:29.400]  or the only person who can challenge the array is the very first person prior to indictment.
[56:29.400 --> 56:38.400]  Right, so if you've had an examining trial and the magistrate found probable cause,
[56:38.400 --> 56:47.400]  then you can anticipate an indictment and then you have an opportunity to be present to challenge the array.
[56:47.400 --> 56:48.400]  Correct.
[56:48.400 --> 56:57.400]  See, now the other possibility is that they could take all of the people they're going to try to indict when that grand jury sits,
[56:57.400 --> 57:06.400]  and each one of those people prior to that grand jury being impaneled has a right to make their challenges to any member of that grand jury.
[57:06.400 --> 57:13.400]  And then that would be compliant with the way the law is written and consistent with the rights of the accused.
[57:13.400 --> 57:26.400]  In Pat's case, they took at least three people that we know of that have personal vendettas against Pat and his family and put them on that grand jury.
[57:26.400 --> 57:33.400]  And he was not allowed to challenge the grand jury because the indictment was gotten in secret.
[57:33.400 --> 57:36.400]  That sounds like jury tampering.
[57:36.400 --> 57:38.400]  That's exactly what it was.
[57:38.400 --> 57:42.400]  So you have a good case.
[57:42.400 --> 57:51.400]  How do we make it political enough that we can get it past the corruption that's out there?
[57:51.400 --> 57:58.400]  Well, that's the question of the day, but here's the one thing we know for sure, and I do hear the music so I'm going to be quick.
[57:58.400 --> 58:10.400]  The fact is, is that they wanted to get rid of this case in the last couple of weeks so bad and so fast that Pat had no problem getting an order of dismissal with prejudice.
[58:10.400 --> 58:13.400]  They just they popped that out as quick as he demanded it.
[58:13.400 --> 58:26.400]  So they are aware of something that someone is in possession of that could bury them if this ever went to trial and they could not risk it being turned up.
[58:26.400 --> 58:31.400]  That's the something we need to find and we've got our political sledgehammer.
[58:31.400 --> 58:32.400]  Wonderful.
[58:32.400 --> 58:36.400]  Hang on, Randy Kelton, we've already, we need to finish this up.
[58:36.400 --> 58:43.400]  I've got some callers that's been on a long time, but I did want to get your input, Eddie.
[58:43.400 --> 58:45.400]  Okay, I'll hold on.
[58:45.400 --> 58:50.400]  Okay, we'll be right back.
[58:50.400 --> 58:54.400]  Would you like to make more definite progress in your walk with God?
[58:54.400 --> 59:01.400]  The Schools for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.400 --> 59:06.400]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.400 --> 59:13.400]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.400 --> 59:18.400]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.400 --> 59:27.400]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:27.400 --> 59:40.400]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:40.400 --> 59:49.400]  That's 888-551-0102 or visit us online at bfa.org.
[59:49.400 --> 59:59.400]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
[59:59.400 --> 01:00:10.400]  The following news flash is brought to you by The Lone Star Lowdown.
[01:00:10.400 --> 01:00:16.400]  Markets for Monday the 21st of August 2017 closed with gold at $1,290.99 announced.
[01:00:16.400 --> 01:00:18.400]  Silver, $17.01 announced.
[01:00:18.400 --> 01:00:20.400]  Texas Crude, $48.50 apparel.
[01:00:20.400 --> 01:00:23.400]  Bitcoin, $4,021.99.
[01:00:23.400 --> 01:00:28.400]  And Bitcoin Cash is sitting at about 605 U.S. currency.
[01:00:28.400 --> 01:00:37.400]  Today in history, the year 1911, the Mona Lisa is stolen by a Louvre employee with the theft not being discovered until the next day.
[01:00:37.400 --> 01:00:40.400]  The Louvre was closed for an entire week during the investigation.
[01:00:40.400 --> 01:00:48.400]  French poet Guillaume Apollinaire, who had once called for the Louvre to be burnt down, came under suspicion and was arrested and imprisoned,
[01:00:48.400 --> 01:00:52.400]  implicating his friend Pablo Picasso, who was brought in for questioning.
[01:00:52.400 --> 01:00:54.400]  Both were eventually later exonerated.
[01:00:54.400 --> 01:00:57.400]  Two years later, the thief unmasked himself to be a Louvre employee.
[01:00:57.400 --> 01:01:02.400]  The sense of pedigree who had stolen the Mona Lisa by entering the building during regular hours,
[01:01:02.400 --> 01:01:07.400]  hiding it in a broom closet and walking out with it under his coat after the museum had closed.
[01:01:07.400 --> 01:01:10.400]  Today in history.
[01:01:10.400 --> 01:01:15.400]  In recent news, Spanish police shot dead 22-year-old Islamist Yunus Abuyakoub,
[01:01:15.400 --> 01:01:20.400]  who murdered 13 people with a van in Barcelona's most renowned avenue, Las Ramblas.
[01:01:20.400 --> 01:01:25.400]  Thursday of last week, fleeing the scene in a car he hijacked after fatally stabbing and murdering the driver.
[01:01:25.400 --> 01:01:31.400]  According to police statements, a bomb squad used a robot to approach his body after tracking him to a rural area near Barcelona.
[01:01:31.400 --> 01:01:37.400]  As seems to be routine with these terrorist suspects, police shot and killed him after he held up what looked like a police state
[01:01:37.400 --> 01:01:40.400]  appeared to be an explosive belt while shouting al-Aqbar.
[01:01:40.400 --> 01:01:46.400]  The Islamic State is claiming responsibility and police did indicate they suspect it was planned by a dozen accomplices,
[01:01:46.400 --> 01:01:50.400]  including his Moroccan-born brother and two first cousins, who are still at large.
[01:01:50.400 --> 01:01:56.400]  Five were shot hours after the van attack, two of which were killed while another was injured the day before in a blast
[01:01:56.400 --> 01:01:58.400]  at the house where they were fabricating explosives.
[01:01:58.400 --> 01:02:00.400]  Another three were later arrested.
[01:02:00.400 --> 01:02:05.400]  With 13 murdered, 120 injured, and eight remaining in critical condition at the hospital,
[01:02:05.400 --> 01:02:08.400]  this is the deadliest attack in Spain since March of 2004.
[01:02:08.400 --> 01:02:11.400]  Our thoughts and prayers go out to all victims of all terrorism.
[01:02:11.400 --> 01:02:21.400]  A public petition signed by over 180,000 people in just over four days, hosted on the official White House.gov website,
[01:02:21.400 --> 01:02:28.400]  is asking the White House to classify Antifa as a terrorist organization due to its propensity towards violence,
[01:02:28.400 --> 01:02:33.400]  with terrorism being defined as, quote, the use of violence and intimidation in pursuit of political aims.
[01:02:33.400 --> 01:02:38.400]  The same definition that is applied to ISIS and other groups of terrorist organizations,
[01:02:38.400 --> 01:02:44.400]  the White House has to officially respond to petitions that collect over 100,000 signatures within 60 days.
[01:02:44.400 --> 01:02:49.400]  The most recorded and viewed solar eclipse, the great American eclipse,
[01:02:49.400 --> 01:02:53.400]  traversely causing us in the United States today, go check out the footage for yourself on YouTube.
[01:02:53.400 --> 01:03:00.400]  This was Rick Brody with your lowdown for August 21st, 2017.
[01:03:00.400 --> 01:03:22.400]  Music
[01:03:22.400 --> 01:03:23.400]  Okay, we are back.
[01:03:23.400 --> 01:03:32.400]  Randy Kelton, we live on radio, and we're going to finish up with Eddie and Pat. Eddie, we've used up the whole show on this.
[01:03:32.400 --> 01:03:37.400]  Yeah, I know, I'm getting Facebook complaints from people though.
[01:03:37.400 --> 01:03:44.400]  Okay, what is your, okay, can you kind of close this out for us?
[01:03:44.400 --> 01:03:47.400]  Why, in which direction?
[01:03:47.400 --> 01:03:56.400]  Okay, well, mainly I'm looking, I always look at things from a political standpoint.
[01:03:56.400 --> 01:04:07.400]  At the end of the day, what would be a complete win in this case?
[01:04:07.400 --> 01:04:17.400]  Well, a complete win in this case would be to bar the acceptance of federal funds for local law enforcement agencies for these purposes,
[01:04:17.400 --> 01:04:31.400]  and that the local agencies be held accountable for abuse of official capacity and official oppression for a misusing state law to assist to get those federal funds.
[01:04:31.400 --> 01:04:35.400]  See, the way this is panning out, it works kind of like this.
[01:04:35.400 --> 01:04:41.400]  The feds promise to give money if state A will do one, two, three, four things.
[01:04:41.400 --> 01:04:46.400]  If state A does one, two, three, four things, they get that money.
[01:04:46.400 --> 01:05:01.400]  Part of the circumstances associated with getting that money is that in one, two, three, four, you've got to also be able to do sub A, sub B, and sub C in assistance to the feds under certain programs.
[01:05:01.400 --> 01:05:13.400]  Now, the more of these things you participate in and the more successful the state entity makes the program, the bigger the federal grant.
[01:05:13.400 --> 01:05:28.400]  So, the fed is bribing the state actors to act in violation of state law and federal law in order to ensure a revenue stream through the federal grant.
[01:05:28.400 --> 01:05:40.400]  That's why they're fabricating pretense traffic stops so that they can let the border patrol practice their drug interdiction and dog snippet.
[01:05:40.400 --> 01:05:46.400]  Now we're at the crux. Where will follow the money?
[01:05:46.400 --> 01:05:49.400]  So, this is kind of the way this is set up to work.
[01:05:49.400 --> 01:05:57.400]  It's not worded in a way that makes it obvious, but the way that the money flows and the way the actions occur,
[01:05:57.400 --> 01:06:04.400]  it's close enough to accurate that it would be worth investigating and getting evidence of.
[01:06:04.400 --> 01:06:12.400]  Okay, I do need to move on. Thank you very much, Eddie, for coming on and thank you, Pat.
[01:06:12.400 --> 01:06:29.400]  But we'd like to talk to you, both of you off the line, you know, private on this so we can, I got my two cents of this one, throw it in the middle of it. And I can't tell you how proud I am of you, Pat.
[01:06:29.400 --> 01:06:33.400]  We need to be proud of.
[01:06:33.400 --> 01:06:47.400]  Well, Pat, you did a lot of the work on your own that needed to get done when I didn't have the time to get to some of it. We got the really hard stuff out of the way and then it came to a matter of just never stop pushing and you were very good about that.
[01:06:47.400 --> 01:06:57.400]  And that's really what it takes. It's not just the one shot on the paperwork. The paperwork was never going to stand up if no one was willing to fight to make it stand up.
[01:06:57.400 --> 01:07:04.400]  And you had to do that because I couldn't go in there and do it for you. And you did a great job of that, you and Meadow.
[01:07:04.400 --> 01:07:16.400]  And also, I emailed you in response to the order that you sent me, so please check that. I just want to make sure if it's okay to post it without redactions, since people can look up the case and get all the same information.
[01:07:16.400 --> 01:07:19.400]  It's one, no different, but...
[01:07:19.400 --> 01:07:24.400]  Yeah, I've already answered your email. Go ahead and post it. It's public information.
[01:07:24.400 --> 01:07:32.400]  All right, well, I appreciate you for in more ways than you can imagine as far as your willingness to fight and your desire to be free from what they were doing.
[01:07:32.400 --> 01:07:37.400]  And we'll get with Randy some other time on this when we get a chance, okay?
[01:07:37.400 --> 01:07:38.400]  Yeah.
[01:07:38.400 --> 01:07:46.400]  Okay, thank you, Pat. Okay, now we're going to go to Danny in Tennessee. Hello, Danny.
[01:07:46.400 --> 01:07:48.400]  Hey, how you doing?
[01:07:48.400 --> 01:07:51.400]  Doing good. What do you have for us today?
[01:07:51.400 --> 01:08:03.400]  Okay, well, we can finish our little bit of a conversation. I'll make it quick. Whenever you're going to Best Buy, give me a call. Maybe we can meet up and see each other for a while.
[01:08:03.400 --> 01:08:06.400]  Been years since I seen you face-to-face.
[01:08:06.400 --> 01:08:23.400]  Well, you know, Pastor Massad, from Hireground Bible College, I do a show with him on Monday. He says that I have a face made for radio.
[01:08:23.400 --> 01:08:28.400]  Okay. What else do you have for us today?
[01:08:28.400 --> 01:08:51.400]  Okay, well, I'm just... Maybe this would be a short question. I'm just trying to get the name of a concept or principle and, like, defining a term by a list of items, such as fruit to include, you know, oranges, grapefruit, lemons, and whatever it is.
[01:08:51.400 --> 01:09:14.400]  What else? Well, some other fruit comes along with a citrus. Okay, even though it's not specifically name in that list, it would be considered under that term because it is citrus, but then apple would not because it doesn't fit the class that it's defining by the list.
[01:09:14.400 --> 01:09:19.400]  And does that have a name for that kind of idea?
[01:09:19.400 --> 01:09:22.400]  Eddie, are you still on?
[01:09:22.400 --> 01:09:37.400]  Okay, Eddie dropped off. He has... There's a Latin term that Eddie uses a lot. The English translation is what's not included, is excluded. That's the closest I can get to that.
[01:09:37.400 --> 01:10:00.400]  I haven't seen any specific case law on the classes. It would have to go to an individual determination of what the included classes are...
[01:10:00.400 --> 01:10:12.400]  I can't... What's intended by the included class in a particular case. That's a real hard question to generally answer.
[01:10:12.400 --> 01:10:17.400]  You stopped the chop.
[01:10:17.400 --> 01:10:24.400]  I just want to do a little further research on this idea, but I don't know what to call it to see what I'm looking for.
[01:10:24.400 --> 01:10:41.400]  Here's an example of what you're talking about, where something is included, but there's a subclass that's not specifically named, but would logically apply to the major class.
[01:10:41.400 --> 01:10:55.400]  Like that list I gave, if you had some other citrus fruit that came by that wasn't named in there, but it's still a citrus, so that fits the class, and so it would be included for inspection, say.
[01:10:55.400 --> 01:11:06.400]  It's given a fruit inspection where fruit includes orange, grapefruit, lemons.
[01:11:06.400 --> 01:11:12.400]  That would have to go to the legislative intent.
[01:11:12.400 --> 01:11:25.400]  Yeah. Well, I'll give you my specific thing that's getting me into that, is I'm helping a lady with some things that she's had with the environmental court here locally.
[01:11:25.400 --> 01:11:42.400]  And then I got to looking through their definition of person, because this comes out of the municipal code, and there is person, the corporation, a firm, and so different things, as well as individuals.
[01:11:42.400 --> 01:11:53.400]  Well, check the state general definition for person, and it's basically the same thing except for the individual.
[01:11:53.400 --> 01:12:05.400]  And so, you know, go back to them sometime about how did they extend this definition of person to be individual.
[01:12:05.400 --> 01:12:13.400]  But also, I think, well, how could it maybe not actually be an extension, but be under that principal idea.
[01:12:13.400 --> 01:12:24.400]  And I could say maybe that an individual would mean someone who's a part of one of those business entities that was in the list before.
[01:12:24.400 --> 01:12:39.400]  So, you know, they might be personally liable for what the corporation was doing if they weren't getting cooperation by just putting fines on the corporation, say.
[01:12:39.400 --> 01:12:48.400]  Then you could, you're saying it should include an individual who's a member of the corporation.
[01:12:48.400 --> 01:13:02.400]  Right, I mean, because they have that in there, so I'm just trying to see just some way for that to properly be in there and not actually be an extension of the definition.
[01:13:02.400 --> 01:13:12.400]  That's always going to have to go to the on-point case law.
[01:13:12.400 --> 01:13:21.400]  It'll go to an examination of the intent of the legislature in passing that particular code.
[01:13:21.400 --> 01:13:35.400]  If the legislature says that citrus fruits, oranges, grapefruits, lemons must be sprayed with this particular product.
[01:13:35.400 --> 01:13:45.400]  Then if you have a tangerine, reasonable portion of ordinary prudence standard would say that would fall under the citrus major class.
[01:13:45.400 --> 01:13:56.400]  It's merely a subclass and it's unreasonable to expect the statute to name every potential possible subclass.
[01:13:56.400 --> 01:14:03.400]  So, we'd have to go back to the intent of the legislature in adopting the class.
[01:14:03.400 --> 01:14:20.400]  Well, yeah, that's what I'm saying, the state statute doesn't, the general definition doesn't include individual, but the municipal code does have that in there.
[01:14:20.400 --> 01:14:32.400]  So, I was just trying to see how could that be in there and not be really an extension of the definition because, you know, the rest of it is like business entities.
[01:14:32.400 --> 01:14:38.400]  Okay, well, you can't take the municipal definition and extend it to the state.
[01:14:38.400 --> 01:14:43.400]  It only applies within the context of this code.
[01:14:43.400 --> 01:15:01.400]  And this is a problem we have in the patriot movement is we have people reading a definition under a chapter of a set of code and then attempting to apply that definition to other codes.
[01:15:01.400 --> 01:15:03.400]  That becomes a real problem.
[01:15:03.400 --> 01:15:19.400]  And these are exact issues I've had on the air before where someone is reading in the IRS code definition and they try to extrapolate that onto other codes.
[01:15:19.400 --> 01:15:22.400]  And in law, we absolutely cannot do that.
[01:15:22.400 --> 01:15:28.400]  But the way you're doing it is the way we can do it.
[01:15:28.400 --> 01:15:37.400]  We have a code here with a specific definition and you're backing up not to some other code, but you're backing up to the general code.
[01:15:37.400 --> 01:15:41.400]  So, you're going from the general to the more specific.
[01:15:41.400 --> 01:15:45.400]  We have to be real careful with these terms.
[01:15:45.400 --> 01:15:52.400]  Well, that was my idea is why I wanted to research this more, but I don't know what to call it.
[01:15:52.400 --> 01:16:01.400]  That I don't hear that's a lot of times that's the hardest part about legal research is what do we call it?
[01:16:01.400 --> 01:16:04.400]  How do we name what we're looking for?
[01:16:04.400 --> 01:16:12.400]  And that's why lawyers complain that they can read up to 100 cases finding the first one on point.
[01:16:12.400 --> 01:16:30.400]  And the next time I come to Jackson, I'm going to want to sit down with you and talk about some of these things because of this electronic lawyer that I'm putting together and want to see if I can get some assistance.
[01:16:30.400 --> 01:16:42.400]  In Tennessee law, because a lot of this, you know, you're talking about this particular issue and I'm thinking in terms of what I'm putting together as an electronics lawyer.
[01:16:42.400 --> 01:16:52.400]  We're putting together this questionnaire that is designed to incorporate an expertise.
[01:16:52.400 --> 01:16:55.400]  So within this expertise, where would this come up?
[01:16:55.400 --> 01:16:57.400]  So where would I stick it in the map?
[01:16:57.400 --> 01:16:59.400]  Hang on.
[01:16:59.400 --> 01:17:01.400]  I love logos.
[01:17:01.400 --> 01:17:04.400]  Without the shows on this network, I'd be almost as ignorant as my friends.
[01:17:04.400 --> 01:17:07.400]  I'm so addicted to the truth now that there's no going back.
[01:17:07.400 --> 01:17:08.400]  I need my truth fix.
[01:17:08.400 --> 01:17:13.400]  I'd be lost without logos and I really want to help keep this network on the air.
[01:17:13.400 --> 01:17:20.400]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't have any money to give because I spend it all on supplements.
[01:17:20.400 --> 01:17:22.400]  How can I help logos?
[01:17:22.400 --> 01:17:24.400]  Well, I'm glad you asked.
[01:17:24.400 --> 01:17:29.400]  If you order anything from Amazon, you can help logos with ordering your supplies or holiday gifts.
[01:17:29.400 --> 01:17:31.400]  First thing you do is clear your cookies.
[01:17:31.400 --> 01:17:34.400]  Now, go to LogosRadioNetwork.com.
[01:17:34.400 --> 01:17:37.400]  Click on the Amazon logo and bookmark it.
[01:17:37.400 --> 01:17:43.400]  Now, when you order anything from Amazon, you use that link and logos gets a few pesos.
[01:17:43.400 --> 01:17:44.400]  Do I pay extra?
[01:17:44.400 --> 01:17:45.400]  No.
[01:17:45.400 --> 01:17:47.400]  Do you have to do anything different when I order?
[01:17:47.400 --> 01:17:48.400]  No.
[01:17:48.400 --> 01:17:49.400]  Can I use my Amazon Prime?
[01:17:49.400 --> 01:17:50.400]  No.
[01:17:50.400 --> 01:17:51.400]  I mean, yes.
[01:17:51.400 --> 01:17:54.400]  Giving without doing anything or spending any money.
[01:17:54.400 --> 01:17:55.400]  This is perfect.
[01:17:55.400 --> 01:17:56.400]  Thank you so much.
[01:17:56.400 --> 01:17:58.400]  We are welcome.
[01:17:58.400 --> 01:18:27.400]  Happy Holidays, Logos!
[01:18:28.400 --> 01:18:54.400]  Thank you so much.
[01:18:54.400 --> 01:19:13.400]  Thank you so much.
[01:19:24.400 --> 01:19:36.400]  Thank you.
[01:19:36.400 --> 01:19:41.400]  Okay, we are back.
[01:19:41.400 --> 01:19:44.400]  Randy Kelton, RealVlog Radio.
[01:19:44.400 --> 01:19:46.400]  And, Danny, I really need to move on.
[01:19:46.400 --> 01:19:48.400]  We've got a whole bunch of callers and I'm running out of time.
[01:19:48.400 --> 01:19:52.400]  Yeah, I was trying to go ahead and do that and we'll talk more another.
[01:19:52.400 --> 01:19:53.400]  Okay, thank you, Danny.
[01:19:53.400 --> 01:19:56.400]  Okay, now we're going to go to George in Arizona.
[01:19:56.400 --> 01:19:57.400]  Hello, George.
[01:19:57.400 --> 01:20:00.400]  What do you have for us today?
[01:20:00.400 --> 01:20:07.400]  Well, I have a, let's see, I can try and make this quick.
[01:20:07.400 --> 01:20:13.400]  I'll just do a quick rundown on this little situation.
[01:20:13.400 --> 01:20:24.400]  It was probably a year ago, about a year ago, I was called out or sent out.
[01:20:24.400 --> 01:20:28.400]  I'm part of a volunteer fire department over here in Arizona.
[01:20:28.400 --> 01:20:32.400]  And I was sent out on a search and rescue call.
[01:20:32.400 --> 01:20:42.400]  And there are a couple of sheriff deputies were not, and I'm just kind of running through this pretty quick
[01:20:42.400 --> 01:20:45.400]  because I know you've got, you know, other callers.
[01:20:45.400 --> 01:20:52.400]  But anyways, I, the rescue was pretty much, the rescue was over.
[01:20:52.400 --> 01:20:55.400]  There was a few things that happened in between there.
[01:20:55.400 --> 01:20:57.400]  And then there was a debriefing afterwards.
[01:20:57.400 --> 01:21:06.400]  And during that debriefing, the sheriff deputy that was running the rescue,
[01:21:06.400 --> 01:21:15.400]  there was a few things that weren't, you know, said by the deputy that was kind of,
[01:21:15.400 --> 01:21:20.400]  actually kind of rude to the fire department that I'm part of.
[01:21:20.400 --> 01:21:28.400]  And I just made a slight noise, just like, I mean, it was a very, just a bit of a noise.
[01:21:28.400 --> 01:21:31.400]  It was like, wow, it was just very rude.
[01:21:31.400 --> 01:21:36.400]  And the deputy demanded my full name and birthday.
[01:21:36.400 --> 01:21:39.400]  And I told him he didn't need that.
[01:21:39.400 --> 01:21:41.400]  He demanded it several times.
[01:21:41.400 --> 01:21:43.400]  I told him he didn't need it.
[01:21:43.400 --> 01:21:46.400]  And then I just kind of walked away.
[01:21:46.400 --> 01:21:53.400]  And he quickly cut me off on both sides, both deputies.
[01:21:53.400 --> 01:22:03.400]  They continued to demand my information, and then they ended up handcuffing me.
[01:22:03.400 --> 01:22:09.400]  And shortly after that, they let me go.
[01:22:09.400 --> 01:22:15.400]  And first-degree, well, if it's Texas, it'd be first-degree felony aggravated assault.
[01:22:15.400 --> 01:22:18.400]  It will be aggravated assault.
[01:22:18.400 --> 01:22:23.400]  You're in Arizona, you have an official misconduct statute.
[01:22:23.400 --> 01:22:27.400]  You really should break them from sucking eggs.
[01:22:27.400 --> 01:22:29.400]  All right.
[01:22:29.400 --> 01:22:39.400]  Now, from my understanding, it became aggravated assault when they, because I am a first responder with the fire department,
[01:22:39.400 --> 01:22:50.400]  in the law here, I think there's a little bit in the law that says, because you're, at least in your official duty,
[01:22:50.400 --> 01:22:53.400]  and I don't have the words for this stuff, I'm no...
[01:22:53.400 --> 01:22:59.400]  No, it became aggravated assault because they were prominently displaying a deadly weapon.
[01:22:59.400 --> 01:23:04.400]  And it may be enhanced because you were a first responder.
[01:23:04.400 --> 01:23:06.400]  Okay, all right.
[01:23:06.400 --> 01:23:12.400]  This guy with a gun, and he's threatening a first responder.
[01:23:12.400 --> 01:23:14.400]  Are you kidding me?
[01:23:14.400 --> 01:23:15.400]  Right.
[01:23:15.400 --> 01:23:18.400]  Are these guys insane?
[01:23:18.400 --> 01:23:24.400]  You absolutely need to get this guy's attention before he winds up killing somebody.
[01:23:24.400 --> 01:23:30.400]  Well, I sent out my tort letter, you know, quite a while back.
[01:23:30.400 --> 01:23:33.400]  I went ahead and filed my lawsuit.
[01:23:33.400 --> 01:23:36.400]  They respond to the lawsuit.
[01:23:36.400 --> 01:23:37.400]  Pardon me?
[01:23:37.400 --> 01:23:43.400]  Did you file a professional conduct complaint against the officer?
[01:23:43.400 --> 01:23:46.400]  You know what? That I did not do.
[01:23:46.400 --> 01:23:50.400]  That will hurt him more than anything.
[01:23:50.400 --> 01:23:52.400]  Is that something that can be done?
[01:23:52.400 --> 01:23:55.400]  Because this was a little over a year ago now.
[01:23:55.400 --> 01:23:57.400]  Oh, yeah, that can be done.
[01:23:57.400 --> 01:24:07.400]  He has a, there's a board in every state that certifies peace officers.
[01:24:07.400 --> 01:24:11.400]  That's just like the bar certifies lawyers.
[01:24:11.400 --> 01:24:17.400]  You file a complaint with him and it goes against his bond.
[01:24:17.400 --> 01:24:21.400]  Goes against his bond forever.
[01:24:21.400 --> 01:24:22.400]  Right.
[01:24:22.400 --> 01:24:30.400]  He gets a half a dozen of those, nobody will hire him because he has an insurance agent.
[01:24:30.400 --> 01:24:39.400]  And it is the insurance agent's job to charge the customer as much money as possible.
[01:24:39.400 --> 01:24:43.400]  So he's looking for an excuse to raise the bond.
[01:24:43.400 --> 01:24:48.400]  You got this officer here with all of these complaints against him.
[01:24:48.400 --> 01:24:53.400]  And the agency says, wow, those complaints were bogus.
[01:24:53.400 --> 01:25:00.400]  And the insurance agency says, yeah, well, you guys are just protecting him so we can't trust your determination.
[01:25:00.400 --> 01:25:03.400]  We're going to count the ones he's gotten.
[01:25:03.400 --> 01:25:08.400]  You got all these other officers here who haven't gotten any and this makes him a bad risk.
[01:25:08.400 --> 01:25:11.400]  So we're going to raise your bond rating for the whole department.
[01:25:11.400 --> 01:25:14.400]  Well, they have to fire in.
[01:25:14.400 --> 01:25:15.400]  Okay.
[01:25:15.400 --> 01:25:19.400]  Have you filed criminal charges against the officer?
[01:25:19.400 --> 01:25:20.400]  You know what?
[01:25:20.400 --> 01:25:23.400]  I mean, I haven't done that.
[01:25:23.400 --> 01:25:29.400]  I'm trying to, you know, do as much as possible.
[01:25:29.400 --> 01:25:32.400]  But I mean, I run a business.
[01:25:32.400 --> 01:25:33.400]  Okay.
[01:25:33.400 --> 01:25:34.400]  Wait, wait, wait.
[01:25:34.400 --> 01:25:35.400]  Hold on.
[01:25:35.400 --> 01:25:39.400]  Criminal is easy because all you do is make up the criminal complaint and send it to him.
[01:25:39.400 --> 01:25:42.400]  Send it to some magistrate.
[01:25:42.400 --> 01:25:47.400]  It's not like filing a lawsuit that's really involved in a time consuming.
[01:25:47.400 --> 01:25:48.400]  Okay.
[01:25:48.400 --> 01:25:51.400]  And you send it to a magistrate.
[01:25:51.400 --> 01:25:58.400]  And when the magistrate doesn't do anything, you write one up against the magistrate and you send it to a county judge.
[01:25:58.400 --> 01:26:07.400]  And when the county judge doesn't do anything, you write up a complaint against the magistrate for not acting on your complaint against the officer.
[01:26:07.400 --> 01:26:14.400]  Then you send that to a county judge and when he doesn't act, you make up a complaint against him and send it to the next guy.
[01:26:14.400 --> 01:26:18.400]  The higher you up, you go in the hierarchy.
[01:26:18.400 --> 01:26:28.400]  The more sensitive they are to these complaints because the more people they got down below them that wants their position.
[01:26:28.400 --> 01:26:31.400]  You're never going to frighten these guys.
[01:26:31.400 --> 01:26:39.400]  What you're going to do is create cannon fodder that their opponents can use against them in their next election.
[01:26:39.400 --> 01:26:42.400]  And that's going to make them real unhappy.
[01:26:42.400 --> 01:26:52.400]  So you've got a district judge here that you're filing criminal charges against because of this officer down here who acted stupid.
[01:26:52.400 --> 01:26:53.400]  Right.
[01:26:53.400 --> 01:26:58.400]  Now you are the master of the servants.
[01:26:58.400 --> 01:27:10.400]  When you file a criminal charge, if anybody says anything to you that you can in any way take as a threat like, oh, you got to be careful.
[01:27:10.400 --> 01:27:12.400]  You can get in a lot of trouble.
[01:27:12.400 --> 01:27:19.400]  The obstruction of justice, witness tampering gets real ugly for real fast.
[01:27:19.400 --> 01:27:27.400]  And when you do this, when you move up to the higher levels and you're jerking around the district judge what you will find.
[01:27:27.400 --> 01:27:36.400]  The higher up you go, the more professional they get, the more careful they get and the less garbage you get from them.
[01:27:36.400 --> 01:27:43.400]  They treat you with much more dignity, respect and deference because they're afraid of you.
[01:27:43.400 --> 01:27:48.400]  You can create cannon fodder for their next opponent.
[01:27:48.400 --> 01:27:49.400]  You frighten them.
[01:27:49.400 --> 01:27:55.400]  And those guys down on the bottom that started this, they're toast.
[01:27:55.400 --> 01:28:01.400]  And I'm not saying that you don't want to get this officer indicted.
[01:28:01.400 --> 01:28:03.400]  You don't want to ruin his career.
[01:28:03.400 --> 01:28:06.400]  What you want to do is make him a better officer.
[01:28:06.400 --> 01:28:08.400]  Yeah, well, for sure.
[01:28:08.400 --> 01:28:12.400]  I think that's probably, you know, that's definitely the intentions.
[01:28:12.400 --> 01:28:18.400]  I just, you know, at this point what I have is a lawsuit that they responded to.
[01:28:18.400 --> 01:28:27.400]  I have maybe a question here about something they said that I really don't have, I don't understand.
[01:28:27.400 --> 01:28:33.400]  If I could read a little bit from what they sent here.
[01:28:33.400 --> 01:28:36.400]  I can do, if that's all right, I'll do that.
[01:28:36.400 --> 01:28:37.400]  Yes, yes.
[01:28:37.400 --> 01:28:38.400]  Go ahead.
[01:28:38.400 --> 01:28:39.400]  Okay.
[01:28:39.400 --> 01:28:49.400]  18 here, although those answering defendants do not presently have specific facts in support of the remaining defenses,
[01:28:49.400 --> 01:28:55.400]  they wish to put counsel for plaintiffs upon notice that they raise the following defenses,
[01:28:55.400 --> 01:29:03.400]  which through subsequent discovery may indeed be supported by the facts.
[01:29:03.400 --> 01:29:11.400]  Lack of, sorry about that, light went out here.
[01:29:11.400 --> 01:29:22.400]  Lack of jurisdiction over the person, a court person, a board and satisfaction, arbitration and award, discharge and bankruptcy,
[01:29:22.400 --> 01:29:25.400]  duress, SS.
[01:29:25.400 --> 01:29:27.400]  That's just crap.
[01:29:27.400 --> 01:29:29.400]  Excuse my term.
[01:29:29.400 --> 01:29:34.400]  That is your standard answer to every suit that's filed.
[01:29:34.400 --> 01:29:41.400]  It's vague in general and does not constitute a proper response.
[01:29:41.400 --> 01:29:45.400]  This should get a motion for summary judgment.
[01:29:45.400 --> 01:29:46.400]  Hang on.
[01:29:46.400 --> 01:29:47.400]  About to go to break.
[01:29:47.400 --> 01:30:02.400]  We'll be right back.
[01:30:02.400 --> 01:30:05.400]  Social network sites can be a privacy nightmare,
[01:30:05.400 --> 01:30:10.400]  but a new study says other websites may be leaking sensitive personal information about you too.
[01:30:10.400 --> 01:30:12.400]  And the problem is getting worse.
[01:30:12.400 --> 01:30:16.400]  I'm Dr. Catherine Albrecht and I'll tell you more in just a moment.
[01:30:16.400 --> 01:30:18.400]  Privacy is under attack.
[01:30:18.400 --> 01:30:21.400]  When you give up data about yourself, you'll never get it back again.
[01:30:21.400 --> 01:30:26.400]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.400 --> 01:30:27.400]  So protect your rights.
[01:30:27.400 --> 01:30:31.400]  Say no to surveillance and keep your information to yourself.
[01:30:31.400 --> 01:30:34.400]  Privacy, it's worth hanging on to.
[01:30:34.400 --> 01:30:37.400]  This public service announcement is brought to you by StartPage.com,
[01:30:37.400 --> 01:30:41.400]  the private search engine alternative to Google, Yahoo and Bing.
[01:30:41.400 --> 01:30:45.400]  Start over with StartPage.
[01:30:45.400 --> 01:30:47.400]  Quick, call a privacy plumber.
[01:30:47.400 --> 01:30:50.400]  Internet websites are leaking information like crazy.
[01:30:50.400 --> 01:30:52.400]  And the culprits aren't just Facebook and Twitter.
[01:30:52.400 --> 01:30:56.400]  Travel, health and employment sites could be just as bad.
[01:30:56.400 --> 01:31:02.400]  Researchers found that 75% of websites leak information that could be used to track and profile consumers.
[01:31:02.400 --> 01:31:07.400]  Alarmingly, 90% of health websites leaked user search terms to third parties.
[01:31:07.400 --> 01:31:12.400]  Look up information on hemorrhoids or cancer and there's no telling who might wind up with it.
[01:31:12.400 --> 01:31:16.400]  The study concludes that Internet privacy is a big problem and it's getting worse.
[01:31:16.400 --> 01:31:22.400]  Just one more reason to stick with privacy-friendly websites like StartPage.com.
[01:31:22.400 --> 01:31:30.400]  I'm Patrick Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:30.400 --> 01:31:35.400]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.400 --> 01:31:37.400]  The government says that fire brought it down.
[01:31:37.400 --> 01:31:42.400]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.400 --> 01:31:45.400]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.400 --> 01:31:48.400]  And thousands of my fellow force responders are dying.
[01:31:48.400 --> 01:31:49.400]  I'm not a conspiracy theorist.
[01:31:49.400 --> 01:31:50.400]  I'm a structural engineer.
[01:31:50.400 --> 01:31:52.400]  I'm a New York City correctional officer.
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[01:33:22.400 --> 01:33:26.400]  Okay, we are back.
[01:33:26.400 --> 01:33:36.400]  What you were reading to me was a standard response that a lawyer files when he didn't get to the case in time
[01:33:36.400 --> 01:33:39.400]  and didn't get anything specific done.
[01:33:39.400 --> 01:33:44.400]  He just throws this in there to get something filed.
[01:33:44.400 --> 01:33:50.400]  I take it you made very specific allegations.
[01:33:50.400 --> 01:33:52.400]  Right, we did.
[01:33:52.400 --> 01:33:57.400]  We tried to be as specific as possible.
[01:33:57.400 --> 01:34:10.400]  Yeah, I've never done this before and I've been helped along by a caller to your station here.
[01:34:10.400 --> 01:34:14.400]  And so he recommended that I get back with you.
[01:34:14.400 --> 01:34:15.400]  Good, good.
[01:34:15.400 --> 01:34:19.400]  You're the kind of guys I'd like to help.
[01:34:19.400 --> 01:34:24.400]  Yeah, well, we are the ones that need that.
[01:34:24.400 --> 01:34:34.400]  The only way to fix the problem we're having with police is the policeman needs to look out there at all these people out there and wonder which one.
[01:34:34.400 --> 01:34:44.400]  Which one of these guys out here that I try to do a little smart mouse saw and dance is going to land on me like a ton of bricks?
[01:34:44.400 --> 01:34:49.400]  It doesn't take one or two guys in every county to get every policeman's attention.
[01:34:49.400 --> 01:34:54.400]  And I suspect by suing him, you've already got his attention.
[01:34:54.400 --> 01:34:58.400]  But this is a good education.
[01:34:58.400 --> 01:35:04.400]  What they gave you was a generic response to a specific suit.
[01:35:04.400 --> 01:35:09.400]  So now you should go back and say, I made this specific allegation.
[01:35:09.400 --> 01:35:14.400]  And your answer, they did not respond to this allegation.
[01:35:14.400 --> 01:35:19.400]  And therefore they stipulated to it and move for summary judgment.
[01:35:19.400 --> 01:35:22.400]  Yeah, that'll get them hopping up and down.
[01:35:22.400 --> 01:35:24.400]  Okay, they did.
[01:35:24.400 --> 01:35:25.400]  I mean, they responded.
[01:35:25.400 --> 01:35:29.400]  They tried to respond to all of my complaints.
[01:35:29.400 --> 01:35:34.400]  But what they did is pretty much denied each one.
[01:35:34.400 --> 01:35:40.400]  They did the job on the initial pleadings.
[01:35:40.400 --> 01:35:49.400]  If they denied each of your accusations specifically, then that's what they should have done.
[01:35:49.400 --> 01:35:50.400]  Okay.
[01:35:50.400 --> 01:35:56.400]  And that's all we've thus required in the pleading in the answer.
[01:35:56.400 --> 01:36:03.400]  Apparently they didn't move to dismiss for failure to stay to claim which cover can be had.
[01:36:03.400 --> 01:36:08.400]  Dodge to avoid having to write an answer.
[01:36:08.400 --> 01:36:12.400]  They did actually put that in there.
[01:36:12.400 --> 01:36:13.400]  Where is that?
[01:36:13.400 --> 01:36:15.400]  Would you just say?
[01:36:15.400 --> 01:36:22.400]  Failure to, motion to dismiss for failure to stay to claim on which recovery can be had.
[01:36:22.400 --> 01:36:25.400]  Yes, they actually put that in there.
[01:36:25.400 --> 01:36:34.400]  Did you claim that the officers at the time were acting outside of scope?
[01:36:34.400 --> 01:36:36.400]  Yes, we did.
[01:36:36.400 --> 01:36:42.400]  Did you accuse them of an intentional tort?
[01:36:42.400 --> 01:36:46.400]  As opposed to negligence.
[01:36:46.400 --> 01:36:56.400]  Well, I will have to go back and reread what we put in there, but we did say that I can't remember the exact terms we used.
[01:36:56.400 --> 01:37:02.400]  But I'm going to have to get back on after I do a little bit more.
[01:37:02.400 --> 01:37:05.400]  Let me explain why I ask that.
[01:37:05.400 --> 01:37:11.400]  Negligence is covered by their errors in emissions policy.
[01:37:11.400 --> 01:37:14.400]  Intentional tort is not.
[01:37:14.400 --> 01:37:22.400]  So if you go after them for an intentional tort, you can't get into the deep pockets of the insurance company.
[01:37:22.400 --> 01:37:32.400]  So the county or whoever has hired these people, now they're in a spot, they have to indemnify their officers.
[01:37:32.400 --> 01:37:40.400]  So the county is very likely to step in and try to take over the defense of these officers.
[01:37:40.400 --> 01:37:45.400]  And when they do, you file against the county for misappropriation of public funds.
[01:37:45.400 --> 01:37:49.400]  It's all about bringing them to the table.
[01:37:49.400 --> 01:37:51.400]  Okay.
[01:37:51.400 --> 01:37:57.400]  Okay, these are some rules that you should etch in concrete.
[01:37:57.400 --> 01:38:03.400]  You will never win your case simply because you have the law and the facts on your side.
[01:38:03.400 --> 01:38:05.400]  If you think so, it's naive.
[01:38:05.400 --> 01:38:08.400]  It is not that way now, never has been that way.
[01:38:08.400 --> 01:38:13.400]  You will only win your case if you have the politics on your side.
[01:38:13.400 --> 01:38:22.400]  So when you write these complaints and you make these arguments, how can you invoke politics?
[01:38:22.400 --> 01:38:30.400]  Filing criminal complaints just brings politics out the kazoo.
[01:38:30.400 --> 01:38:38.400]  And now you're over here kicking them with criminal complaints while you're over on the other side fighting this lawsuit.
[01:38:38.400 --> 01:38:44.400]  And the only way they can get you to cut out the criminal complaint is to make you a deal of the lawsuit.
[01:38:44.400 --> 01:38:54.400]  Write your pleading and construe what you're doing based on how can you bring them to the table and make a deal.
[01:38:54.400 --> 01:39:02.400]  If you do it from that perspective, but they will against you, you won't feel so bad because the courts are corrupt.
[01:39:02.400 --> 01:39:04.400]  Absolutely corrupt.
[01:39:04.400 --> 01:39:15.400]  What I suggest, if you really want to bring them to the table, if the lawyer files a pleading where he misinterprets a fact or misstates a law,
[01:39:15.400 --> 01:39:28.400]  bar grieving for malpractice, the lawyer will have a connection fit because you'll double his malpractice insurance that starts at $25,000 a year.
[01:39:28.400 --> 01:39:34.400]  The lawyer is the weak leak in the chain when you know how to beat him up.
[01:39:34.400 --> 01:39:45.400]  You sting the lawyer and then the lawyer is going to say, guys, this guy is going to cost me malpractice insurance. I'm out of here.
[01:39:45.400 --> 01:39:52.400]  I think I'd hire somebody else and somebody else comes in and say, well, why don't you let the lawyer quit?
[01:39:52.400 --> 01:39:57.400]  Oh, they bar grieve him, huh? His price goes way up.
[01:39:57.400 --> 01:40:09.400]  It has nothing to do with law. It has everything to do with politics. That may not be white. That's how it is in the world we live in.
[01:40:09.400 --> 01:40:12.400]  Yep, doesn't surprise me.
[01:40:12.400 --> 01:40:22.400]  Okay, I do apologize. I used to a lot of time with Pat, but he had a lot of good information and I do apologize for making you wait so long.
[01:40:22.400 --> 01:40:31.400]  If you want to talk to this, talk about this with email, if you'll send me an email, Randy at reallawradio.com.
[01:40:31.400 --> 01:40:37.400]  If you will send me your pleading, I would like to look at it and give you some input.
[01:40:37.400 --> 01:40:40.400]  Okay, I will do that.
[01:40:40.400 --> 01:40:48.400]  And my input will be about how can we make their lives the most miserable?
[01:40:48.400 --> 01:40:49.400]  Right.
[01:40:49.400 --> 01:40:55.400]  We don't care about winning at the end. How can we make you the most miserable, cost you the most money?
[01:40:55.400 --> 01:41:00.400]  Now lawyers can't do that, but prosaise can.
[01:41:00.400 --> 01:41:09.400]  Courts hate prosailitigants. They don't hate prosailitigants because they write stupid pleading. They like that. See, you just screw them around.
[01:41:09.400 --> 01:41:19.400]  They hate prosailitigants because every once in a while they come across their prosa from hell, who knows how to bust dirt chops.
[01:41:19.400 --> 01:41:22.400]  And that's what we'll show you how to do.
[01:41:22.400 --> 01:41:30.400]  Sounds good. I mean, it's, I mean, at this case, in this case, I mean, I did, you know, I'm suing for a certain amount.
[01:41:30.400 --> 01:41:40.400]  Frankly, the money I don't really care about. It would be nice to win the case because, frankly, I would rather not have to pay their legal fees.
[01:41:40.400 --> 01:41:44.400]  Oh, you're not going to have to do that anyway.
[01:41:44.400 --> 01:41:45.400]  Gotcha.
[01:41:45.400 --> 01:41:53.400]  Even if the court awards them legal fees, they can't collect it. They never even try.
[01:41:53.400 --> 01:41:57.400]  So don't worry about that. That's not much of a problem.
[01:41:57.400 --> 01:42:05.400]  Especially if you start going after them criminally, that'll really get these guys hopping up and down.
[01:42:05.400 --> 01:42:11.400]  Anyway, I can, I can do this more complete on an email.
[01:42:11.400 --> 01:42:15.400]  And this is where it makes sense.
[01:42:15.400 --> 01:42:26.400]  This is a logical process. And once I've shown you the whole process, it'll begin to make sense to you as to why you'll win your case if you have the politics on your side instead of the law.
[01:42:26.400 --> 01:42:30.400]  Law helps, but if you don't have politics.
[01:42:30.400 --> 01:42:31.400]  Yeah.
[01:42:31.400 --> 01:42:32.400]  Okay.
[01:42:32.400 --> 01:42:33.400]  Okay.
[01:42:33.400 --> 01:42:37.400]  Thank you. Thank you, George, and send me an email and we'll talk.
[01:42:37.400 --> 01:42:40.400]  I'll do that. Thank you much. Have a good evening.
[01:42:40.400 --> 01:42:46.400]  Okay. Now we're going to John in New York. Hello, John. What do you have for us today?
[01:42:46.400 --> 01:42:50.400]  Hi, John in New York. Hi, Randy. How are you doing?
[01:42:50.400 --> 01:42:53.400]  Howdy. I'm doing good. What do you have for us?
[01:42:53.400 --> 01:43:04.400]  Well, I had sent you an email about Virginia's case, the foreclosure. I hope I said it several times because I wasn't sure if you were getting the email.
[01:43:04.400 --> 01:43:10.400]  And I was getting the email, but you only sent me a couple of documents.
[01:43:10.400 --> 01:43:23.400]  Oh, wait a minute. You did send me one that had the, it's a large PDF file and I went through that file and something was missing.
[01:43:23.400 --> 01:43:26.400]  And at the moment, I don't remember what it was.
[01:43:26.400 --> 01:43:33.400]  Well, I've been so busy getting settled that I haven't been able to keep up with everything.
[01:43:33.400 --> 01:43:43.400]  I'm beginning to get everything in place, so I'll have a little more time to get to it. I will get on that in the morning and respond to you by email.
[01:43:43.400 --> 01:43:52.400]  What it was that I was missing that I needed to see. I do need to see the note and data trust.
[01:43:52.400 --> 01:43:57.400]  I think data trust was in there.
[01:43:57.400 --> 01:44:04.400]  Inlanding statements.
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[01:46:45.400 --> 01:46:56.400]  If you are back, Randy Kelton will read you. And John, if I will look at your stuff and give you a response in the morning.
[01:46:56.400 --> 01:47:05.400]  Today I was traveling all day and sitting in court, so I didn't get in until just before the show, so I didn't have time.
[01:47:05.400 --> 01:47:08.400]  But I will get on that in the morning, okay?
[01:47:08.400 --> 01:47:10.400]  Randy, Randy, can you hear me? Can you hear me?
[01:47:10.400 --> 01:47:13.400]  Yes. Yes, I can.
[01:47:13.400 --> 01:47:22.400]  All the paperwork from the county clerk, everything the county clerk had on file, we sent that to you in the form of two PDF files.
[01:47:22.400 --> 01:47:28.400]  One PDF file had three documents in it, and the other one had all the rest.
[01:47:28.400 --> 01:47:34.400]  There was like 40 pages or something like that, 30, 40, 70 pages in total.
[01:47:34.400 --> 01:47:37.400]  I'm not sure how it came out of the computer.
[01:47:37.400 --> 01:47:48.400]  Okay, what I haven't done yet and what takes me quite a while is when I get documents like this, I break them out into separate documents.
[01:47:48.400 --> 01:48:02.400]  If I get a PDF file, a lot of times when you scan a document as a PDF, the scanner puts in some really oddball code in the background.
[01:48:02.400 --> 01:48:12.400]  So when I use these documents to create a pleading, I'll copy pieces of the document out and drop it in my pleading.
[01:48:12.400 --> 01:48:20.400]  Well, if it's been scanned with a PDF, it puts this code in there, and when I drop it in my document, it does weird stuff.
[01:48:20.400 --> 01:48:26.400]  So what I've learned to do is if you send me a PDF, I'm going to save it as an image file.
[01:48:26.400 --> 01:48:29.400]  At each page, it'd be a separate image.
[01:48:29.400 --> 01:48:34.400]  Then I open a Word document and copy it all into the Word document.
[01:48:34.400 --> 01:48:41.400]  Well, a document at a time, like you've got the deed of trust and a whole bunch of stuff together.
[01:48:41.400 --> 01:48:52.400]  I will select the images that make up the deed of trust, insert them in a Word file, and then save that Word file as a PDF.
[01:48:52.400 --> 01:49:08.400]  Okay, that gets rid of the trash code, and then I rename them with the last name of the person, year-day in two letters,
[01:49:08.400 --> 01:49:11.400]  month in two letters, and then what the document is.
[01:49:11.400 --> 01:49:13.400]  Once I have it like that, I can open up.
[01:49:13.400 --> 01:49:20.400]  They will automatically organize themselves in chronological order, and I can go right down and do the evaluation.
[01:49:20.400 --> 01:49:23.400]  So that'll take me a while in the morning to do that.
[01:49:23.400 --> 01:49:29.400]  But I will get on that in the morning and look for my email.
[01:49:29.400 --> 01:49:30.400]  Okay, I need to move on.
[01:49:30.400 --> 01:49:34.400]  I've got two more callers, and I'm running out of time real fast.
[01:49:34.400 --> 01:49:42.400]  Okay.
[01:49:42.400 --> 01:49:45.400]  Okay, now we're going to go to Fritz in Missouri.
[01:49:45.400 --> 01:49:49.400]  Hello, Fritz.
[01:49:49.400 --> 01:49:50.400]  Oh, wait, you're not Fritz.
[01:49:50.400 --> 01:49:52.400]  You're Dave from Texas.
[01:49:52.400 --> 01:49:54.400]  You came up, Fritz, in our database.
[01:49:54.400 --> 01:49:56.400]  Dave, are you there?
[01:49:56.400 --> 01:49:57.400]  Yeah, I'm here.
[01:49:57.400 --> 01:49:58.400]  Looks like...
[01:49:58.400 --> 01:49:59.400]  Oh, there you go.
[01:49:59.400 --> 01:50:00.400]  Okay.
[01:50:00.400 --> 01:50:01.400]  What do you have for us?
[01:50:01.400 --> 01:50:05.400]  Just real quick.
[01:50:05.400 --> 01:50:18.400]  I know that the purpose of a lien on real property, say, for example, a mechanic's lien, is to ensure that the lien holder gets paid before that property can be sold.
[01:50:18.400 --> 01:50:19.400]  Correct?
[01:50:19.400 --> 01:50:20.400]  Yes.
[01:50:20.400 --> 01:50:21.400]  Okay.
[01:50:21.400 --> 01:50:28.400]  Is there a difference for a federal tax lien?
[01:50:28.400 --> 01:50:36.400]  More specifically, back in 2010, I had a foreclosure.
[01:50:36.400 --> 01:50:42.400]  Two years before the foreclosure, there was a federal tax lien piled on the property.
[01:50:42.400 --> 01:50:53.400]  Some rental company that buys up proposed houses supposedly came in and bought it, bought the house at the foreclosure sale.
[01:50:53.400 --> 01:50:59.400]  Yesterday, I was looking through the property records, and that federal tax lien is still on that property.
[01:50:59.400 --> 01:51:05.400]  Shouldn't that have been somehow satisfied before that sale could take place?
[01:51:05.400 --> 01:51:06.400]  Yes.
[01:51:06.400 --> 01:51:14.400]  But the fact that it wasn't their problem, not your problem.
[01:51:14.400 --> 01:51:19.400]  So there's nothing specifically I can do about it.
[01:51:19.400 --> 01:51:21.400]  What I would like to do is make an issue of it.
[01:51:21.400 --> 01:51:31.400]  I know that it won't help me get the house back, and I won't get any satisfaction out of it, except for the satisfaction of sticking it to the lawyers that conducted this spawning foreclosure sale.
[01:51:31.400 --> 01:51:33.400]  Oh, well, you...
[01:51:33.400 --> 01:51:38.400]  Okay, I got a lot better ways of sticking it to those lawyers.
[01:51:38.400 --> 01:51:40.400]  They never do it right.
[01:51:40.400 --> 01:51:42.400]  They always do everything wrong.
[01:51:42.400 --> 01:51:46.400]  They know they're doing it wrong, and they don't care.
[01:51:46.400 --> 01:51:47.400]  Because...
[01:51:47.400 --> 01:51:50.400]  Know that the house was proposed on.
[01:51:50.400 --> 01:51:56.400]  Okay, over 90% of the people who get proposed on just walk away.
[01:51:56.400 --> 01:52:00.400]  Every once in a while, somebody busts the lawyer's chops.
[01:52:00.400 --> 01:52:04.400]  They don't care cost to do in business.
[01:52:04.400 --> 01:52:10.400]  So we show people how to be their cost of doing business.
[01:52:10.400 --> 01:52:18.400]  But in order to determine what you can go after them for, I'd need to see, like John, I would need all the documentation.
[01:52:18.400 --> 01:52:20.400]  Everything is filed in the...
[01:52:20.400 --> 01:52:29.400]  With the county recorder from the time you got the warranty deed on the property to the top for closed.
[01:52:29.400 --> 01:52:31.400]  Okay, deed of trust.
[01:52:31.400 --> 01:52:32.400]  I mean, I'm sorry.
[01:52:32.400 --> 01:52:39.400]  Note, truth and lending statement, good faith estimate if you have it.
[01:52:39.400 --> 01:52:42.400]  And we think, well, that should do it.
[01:52:42.400 --> 01:52:46.400]  And I could look at that, and I could give you an idea of what you can do.
[01:52:46.400 --> 01:52:47.400]  Okay.
[01:52:47.400 --> 01:52:49.400]  Here's the deal.
[01:52:49.400 --> 01:52:57.400]  If you file a wrongful foreclosure suit, you can expect the court to rule against you out of hand at every turn,
[01:52:57.400 --> 01:53:03.400]  and you'll lose the case at the end of the day.
[01:53:03.400 --> 01:53:10.400]  Well, that's already happened, and I'm not worried about, you know, trying to get the house back or anything like that.
[01:53:10.400 --> 01:53:11.400]  But...
[01:53:11.400 --> 01:53:13.400]  Let me finish.
[01:53:13.400 --> 01:53:24.400]  With that said, between the time you filed a suit and the time the judge gets an opportunity to rule against you,
[01:53:24.400 --> 01:53:31.400]  you've got all kind of stuff you can do to these guys and give them a good reason to come to the table
[01:53:31.400 --> 01:53:37.400]  and make a deal to get you to go away and leave them alone.
[01:53:37.400 --> 01:53:44.400]  The only way we can find to come out ahead in this is to be the pro safe from hell.
[01:53:44.400 --> 01:53:47.400]  And since you're already out of the property, you've got nothing to lose.
[01:53:47.400 --> 01:53:53.400]  You won't believe how much fun you can have beating these guys up.
[01:53:53.400 --> 01:53:56.400]  Oh, yeah. Yeah, I don't doubt it.
[01:53:56.400 --> 01:54:02.400]  Well, and the whole thing, you know, I had this rental company show up at my door wanting me to work out a lease with them,
[01:54:02.400 --> 01:54:04.400]  and I said, well, who the heck are you?
[01:54:04.400 --> 01:54:06.400]  They said, well, we're the new owner of the property.
[01:54:06.400 --> 01:54:07.400]  I said, since when?
[01:54:07.400 --> 01:54:11.400]  Oh, there was a foreclosure, and I said, well, when was this?
[01:54:11.400 --> 01:54:14.400]  So I got to looking in the property records.
[01:54:14.400 --> 01:54:19.400]  They foreclosed on my house, and nobody told me about it for 10 months.
[01:54:19.400 --> 01:54:23.400]  Oh, goodies.
[01:54:23.400 --> 01:54:26.400]  The notices that they were required to give me under the property code.
[01:54:26.400 --> 01:54:32.400]  They didn't post the notice and file a copy of the post to notice with the clerk as they're required to do.
[01:54:32.400 --> 01:54:40.400]  They did all of this completely behind the scenes under the table and made sure that I did not know that it was happening.
[01:54:40.400 --> 01:54:43.400]  Oh, wonderful.
[01:54:43.400 --> 01:54:48.400]  I have a rule, never interfere with someone when they're screwing up.
[01:54:48.400 --> 01:54:58.400]  Because now you can go after the lawyers directly for malpractice and engage their malpractice carrier.
[01:54:58.400 --> 01:55:01.400]  Well, even though this was seven years ago.
[01:55:01.400 --> 01:55:04.400]  Ooh.
[01:55:04.400 --> 01:55:07.400]  That's different.
[01:55:07.400 --> 01:55:21.400]  I think the statute of limitations on most of this stuff has expired, and really what I'm focusing on now is the fact that I know that somebody was obligated to satisfy that tax lien before that property could be sold, and yet it's still attached to the property.
[01:55:21.400 --> 01:55:27.400]  So I'm wondering how they even got around that.
[01:55:27.400 --> 01:55:41.400]  If a rental company purchased the property and they weren't concerned about selling the property, then they don't care about the tax lien.
[01:55:41.400 --> 01:55:53.400]  However, there may be an issue here because the tax lien, the amount of the lien is still against you.
[01:55:53.400 --> 01:55:55.400]  Correct.
[01:55:55.400 --> 01:55:58.400]  So they had a duty to satisfy that lien.
[01:55:58.400 --> 01:56:04.400]  So this is a little bit out of my area of expertise.
[01:56:04.400 --> 01:56:06.400]  It's an unusual issue.
[01:56:06.400 --> 01:56:14.400]  I've never heard of anyone buying a foreclosed property and not paying off all the liens.
[01:56:14.400 --> 01:56:19.400]  Oh, in Dallas County, that actually happens a lot.
[01:56:19.400 --> 01:56:22.400]  It happens a lot more than you think.
[01:56:22.400 --> 01:56:28.400]  And I'm wondering how the courts are allowed to sell.
[01:56:28.400 --> 01:56:36.400]  Has the IRS attempted to collect this money from you?
[01:56:36.400 --> 01:56:38.400]  No, I've never heard of people out of them.
[01:56:38.400 --> 01:56:49.400]  Okay, so then you really don't have a claim unless this still shows up on your credit as a lien, as a claim against you?
[01:56:49.400 --> 01:56:51.400]  It does.
[01:56:51.400 --> 01:56:53.400]  Oh, you got a claim.
[01:56:53.400 --> 01:56:55.400]  Wonderful.
[01:56:55.400 --> 01:57:05.400]  You sue whoever bought it and whoever sold it for the harm to you.
[01:57:05.400 --> 01:57:15.400]  But okay, if they sold it without notice, you still may be able to go back after them.
[01:57:15.400 --> 01:57:17.400]  I have to think about this.
[01:57:17.400 --> 01:57:20.400]  They sold it without notice.
[01:57:20.400 --> 01:57:24.400]  Yeah, seven years is going to be hard to go back that far.
[01:57:24.400 --> 01:57:26.400]  Yes, and also, I mean, I raised those issues.
[01:57:26.400 --> 01:57:28.400]  I've briefed all of the issues out.
[01:57:28.400 --> 01:57:30.400]  I pointed out the property code.
[01:57:30.400 --> 01:57:34.400]  I pointed out the fact that they didn't provide the notices.
[01:57:34.400 --> 01:57:37.400]  I filed for discovery and asked them to produce.
[01:57:37.400 --> 01:57:39.400]  Oh, whoa, hold on.
[01:57:39.400 --> 01:57:44.400]  You filed about this before the statute of limitations ran?
[01:57:44.400 --> 01:57:45.400]  Yeah.
[01:57:45.400 --> 01:57:49.400]  Okay, that stopped that clock.
[01:57:49.400 --> 01:57:53.400]  How long did you stay in litigation?
[01:57:53.400 --> 01:57:59.400]  Oh, before it was all over, about five years.
[01:57:59.400 --> 01:58:01.400]  Okay, so it's two years.
[01:58:01.400 --> 01:58:04.400]  How did it end?
[01:58:04.400 --> 01:58:07.400]  Well, okay, so the bank foreclosed once.
[01:58:07.400 --> 01:58:08.400]  Okay, quickly.
[01:58:08.400 --> 01:58:10.400]  You only got 30 seconds.
[01:58:10.400 --> 01:58:11.400]  Bank foreclosed.
[01:58:11.400 --> 01:58:12.400]  I sued them.
[01:58:12.400 --> 01:58:13.400]  They rescinded the foreclosure.
[01:58:13.400 --> 01:58:15.400]  Didn't hear anything out of them for several years.
[01:58:15.400 --> 01:58:19.400]  And then that rental company showed up and said, surprise, we're the new owner.
[01:58:19.400 --> 01:58:21.400]  They basically did a second degree foreclosure.
[01:58:21.400 --> 01:58:23.400]  Okay, send me an email on this.
[01:58:23.400 --> 01:58:25.400]  I'd like some more information, but I'm out of time.
[01:58:25.400 --> 01:58:29.400]  We've send it to randy at ruleblomradio.com.
[01:58:29.400 --> 01:58:31.400]  Yep, we'll do.
[01:58:31.400 --> 01:58:33.400]  You may have a good shot at them.
[01:58:33.400 --> 01:58:35.400]  Okay, thank you all for listening.
[01:58:35.400 --> 01:58:38.400]  We'll be back next week with our next Thursday and Friday.
[01:58:38.400 --> 01:58:45.400]  Thank you all for listening and good night.
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