[00:00.000 --> 00:05.800]  The following news flash is brought to you by The Low Star Lowdown, providing the jelly
[00:05.800 --> 00:13.520]  bulletins for the commodities market, today's history, news updates, and the inside scoop
[00:13.520 --> 00:21.400]  into the tides of the alternative.
[00:21.400 --> 00:28.760]  Markets for Wednesday 15 November 2017 close with gold at $1,278.33 an ounce, silver $17
[00:28.760 --> 00:37.200]  an ounce, Texas Crude $55.70 a barrel, Bitcoin is about $7,295 and Dashcoin is about $421
[00:37.200 --> 00:43.720]  U.S. fiat.
[00:43.720 --> 00:48.080]  Today in History, the year 1920, the first assembly of the League of Nations is held
[00:48.080 --> 00:54.480]  in Geneva, Switzerland, Today in History.
[00:54.480 --> 00:59.320]  In recent news, in a statement almost in parody of the popular TV series Game of Thrones,
[00:59.320 --> 01:05.080]  24-year-old Syash Dixit, a man from Central India and CEO of the Indian-based technology
[01:05.080 --> 01:10.880]  company, Softonator, proclaimed, I, Syash Dixit, first of my name and the protector
[01:10.880 --> 01:15.440]  of the realm, declare myself as the king of the kingdom of Dixit.
[01:15.440 --> 01:21.200]  I declare this unclaimed land of beer, towel, as my country from now to eternity of time.
[01:21.200 --> 01:26.600]  I pledge to continue to work for the prosperity of my people of the country of this motherland.
[01:26.600 --> 01:31.920]  In effect, Lane claimed to an 800 square mile strip of land known as Barak Tawil that
[01:31.920 --> 01:36.960]  has been described as the only place on earth that is habitable but not claimed by any government.
[01:36.960 --> 01:41.240]  Dixit explained that, quote, following the early civilization ethics and rule, if you
[01:41.240 --> 01:44.160]  want to claim a land, then you need to grow crops on it.
[01:44.160 --> 01:47.280]  I've added a seed and poured some water on it today.
[01:47.280 --> 01:48.280]  It is mine.
[01:48.280 --> 01:52.880]  Dixit plans to govern the kingdom online where potential citizens can apply for citizenship
[01:52.880 --> 01:54.240]  or a position in government.
[01:54.240 --> 01:59.960]  The United Nations has four criteria for statehood, a permanent population, a defined territory,
[01:59.960 --> 02:03.520]  a government, and the ability to enter into relations with another state.
[02:03.520 --> 02:06.680]  It appears that the kingdom of Dixit has all but the first.
[02:06.680 --> 02:10.120]  The spontaneous rise of sovereign state seems to be a growing trend.
[02:10.120 --> 02:14.240]  For example, in 2015, a libertarian activist from the Czech Republic established the Free
[02:14.240 --> 02:19.520]  Republic of Liberland on a disputed territory between Siberia and Croatia, hundreds of people
[02:19.520 --> 02:28.280]  have allegedly already filed application for the new kingdom of Dixit.
[02:28.280 --> 02:32.560]  Viewing conditions for the annual Leonid media shower should be, at their best, late into
[02:32.560 --> 02:36.240]  the 17th and early in the morning, hours of the 18th.
[02:36.240 --> 02:41.080]  All workers away from city lines should expect to see anywhere from 10 to 25 meteors an hour.
[02:41.080 --> 02:45.480]  The showers, named after the constellation Leo, the lion, because they seem to emanate
[02:45.480 --> 02:47.240]  from that region in the sky.
[02:47.240 --> 02:50.080]  It is the northeastern part of the horizon.
[02:50.080 --> 03:01.080]  This is Rupro to you with your lowdown for November 15, 2017.
[03:01.080 --> 03:29.040]  Okay, howdy, howdy, Randy Kelton.
[03:29.040 --> 03:39.480]  The rule of law radio on this Friday, the 17th day of November, 2017.
[03:39.480 --> 03:44.480]  This is actually the day I returned from Vietnam.
[03:44.480 --> 03:49.320]  So I guess it should be a day for me to celebrate.
[03:49.320 --> 03:53.320]  But we have the phone lines open, we'll keep the phone lines open all night, our call in
[03:53.320 --> 03:59.200]  number is 512-646-1984.
[03:59.200 --> 04:02.800]  And I want to start out with a little announcement.
[04:02.800 --> 04:08.760]  Yesterday started out pretty busy, so I didn't get it announced.
[04:08.760 --> 04:14.560]  I have the software for the electronic lawyer.
[04:14.560 --> 04:19.040]  After all of these years, some 10 years of working on this project, and I know the people
[04:19.040 --> 04:23.760]  who have been listening a long time, it's probably gotten tired of hearing about the
[04:23.760 --> 04:29.880]  electronic lawyer, and probably began to think it would never happen.
[04:29.880 --> 04:40.120]  Well, I have the software, and I'm in the process of populating the software.
[04:40.120 --> 04:48.920]  This was a surprisingly complex piece of work.
[04:48.920 --> 04:55.120]  When I speak about it on the air and talk about what I'm doing, it sounds relatively
[04:55.120 --> 04:56.120]  straightforward.
[04:56.120 --> 05:04.240]  But in order to actually implement all of this, it turned out to be much more complex
[05:04.240 --> 05:08.000]  than I anticipated.
[05:08.000 --> 05:18.480]  And the hardest part was figuring out a way to explain to a programmer what it was I actually
[05:18.480 --> 05:21.280]  needed.
[05:21.280 --> 05:28.080]  But I finally got it broken down into small enough pieces that the programmer could understand
[05:28.080 --> 05:37.000]  it, and he actually gave me a tool that was, has essentially everything that I had expected.
[05:37.000 --> 05:44.560]  I don't have a place for it on the web yet because it's still on the server for the
[05:44.560 --> 05:45.560]  programmer.
[05:45.560 --> 05:49.480]  I'll have a copy transferred to my server.
[05:49.480 --> 05:54.600]  But we can create the questionnaires now and download the questionnaires, and it creates
[05:54.600 --> 05:58.280]  its own backside database.
[05:58.280 --> 06:05.720]  And then you get a questionnaire where you answer a question, and it pops up a note that
[06:05.720 --> 06:11.320]  explains the question, and then next to that it pops up, there's a, on the side of the
[06:11.320 --> 06:19.200]  page, there's an arrow, and you click the arrow, and it expands a page that contains
[06:19.200 --> 06:21.920]  an output report.
[06:21.920 --> 06:29.120]  Every question you ask has a purpose, and we have a notation section that explains why
[06:29.120 --> 06:34.760]  we ask this question and why we ask the question the way we do.
[06:34.760 --> 06:42.760]  And then when you answer the question, it creates, it has a response that it will put
[06:42.760 --> 06:48.400]  in an output document, and you can see that as well so you can see everything it's doing.
[06:48.400 --> 06:56.720]  So we're pretty excited about this, and we'll be implementing the first incantation of the
[06:56.720 --> 07:01.800]  electronic lawyer on the traffic ticket website.
[07:01.800 --> 07:09.560]  The traffic ticket website right now will produce about 110 pages of documents.
[07:09.560 --> 07:15.640]  But there's nothing very smart about that, that's just the standard form, filling the
[07:15.640 --> 07:23.920]  blank forms, and it's relatively easy for the system to do that.
[07:23.920 --> 07:29.600]  On the web page, I've added a third link, or a second link to the front.
[07:29.600 --> 07:35.320]  When you open traffic ticket website front page, you'll see two red links.
[07:35.320 --> 07:42.520]  The first red link goes to the spot where you input all the traffic information.
[07:42.520 --> 07:49.360]  The second link is really there for the moment as a demo link.
[07:49.360 --> 07:58.880]  You click on that one, and that does an audit of the first appearance hearing.
[07:58.880 --> 08:01.200]  It's a demonstration of the technology.
[08:01.200 --> 08:07.120]  Now if you click on that, you can click on it and just read the questions, go through
[08:07.120 --> 08:11.640]  them, answer the questions any way you want to.
[08:11.640 --> 08:20.440]  And each time you answer a question, it will ask you another question related to the first.
[08:20.440 --> 08:27.280]  It will take you through what happened in your first appearance.
[08:27.280 --> 08:35.440]  For the most part, I'm hoping that we have pretty much everything that can happen in
[08:35.440 --> 08:38.680]  a first appearance.
[08:38.680 --> 08:42.800]  The user who uses it won't see all of these possibilities, they'll just see one line through
[08:42.800 --> 08:44.680]  it, so it looks real small.
[08:44.680 --> 08:48.960]  But actually, it is a huge questionnaire.
[08:48.960 --> 08:55.960]  But we've got the technology and the software down, so that is, it pulls such small pieces
[08:55.960 --> 09:02.080]  at a time, it's so fast moving from one file to another that you can't tell it's opening
[09:02.080 --> 09:03.080]  a new file.
[09:03.080 --> 09:08.760]  So, that was a major problem that took me a couple of years to work out, so we almost
[09:08.760 --> 09:09.760]  have it ready.
[09:09.760 --> 09:18.320]  I'm hoping by this time next week, I will have an actual working model that will produce
[09:18.320 --> 09:20.840]  documents.
[09:20.840 --> 09:23.760]  And that will be my proof of concept.
[09:23.760 --> 09:32.080]  Anyway, okay, enough of that, finally, it's up in, at least I've got the software and
[09:32.080 --> 09:35.080]  it will soon be implemented.
[09:35.080 --> 09:39.760]  Then we get a bunch of people to start using it and giving us feedback, and this will be
[09:39.760 --> 09:42.440]  our beta site.
[09:42.440 --> 09:48.360]  We'll run this site a while and have people use it and tell us what works, what doesn't
[09:48.360 --> 09:53.640]  work, because the problem I have is I know all this stuff.
[09:53.640 --> 10:02.000]  So it's real simple for me, what I can't tell is where my questions or my explanations
[10:02.000 --> 10:10.520]  don't make sense, and I'll need reader feedback to help or user feedback to help eliminate
[10:10.520 --> 10:13.120]  any questions and make these things easier to use.
[10:13.120 --> 10:17.680]  Okay, we already have a pretty full board of callers, and if you're calling in tonight
[10:17.680 --> 10:23.360]  and you have called in before, you may notice that we don't have a call screener tonight.
[10:23.360 --> 10:31.560]  So when you call in, the system will answer, but nobody will screen the call and tell you
[10:31.560 --> 10:34.280]  all the stuff they tell you on the call screener.
[10:34.280 --> 10:36.600]  So don't be surprised by that.
[10:36.600 --> 10:41.480]  I'm running the boards tonight, I don't have a producer, so we won't be screening any
[10:41.480 --> 10:42.480]  calls.
[10:42.480 --> 10:44.360]  Okay, we're going to go to Joe in Texas.
[10:44.360 --> 10:45.360]  Hello, Joe.
[10:45.360 --> 10:51.840]  Hi Randy, I talked to you last night about that, I'm thinking to help that lady on the
[10:51.840 --> 10:59.040]  divorce, and you transfer, I was going to ask you this question, how do you spell that
[10:59.040 --> 11:00.040]  law?
[11:00.040 --> 11:07.040]  Okay, the law is, okay, let me explain what was happening here.
[11:07.040 --> 11:12.600]  Joe wants to help a woman who is an illegal immigrant.
[11:12.600 --> 11:17.840]  She hired a lawyer, and the lawyer took her retainer and never did anything for her.
[11:17.840 --> 11:24.200]  He just stole her money, but he was pretty certain that he wouldn't have any problem
[11:24.200 --> 11:29.760]  because if she said anything, he'd report her and get her deported.
[11:29.760 --> 11:33.040]  So he felt pretty confident that he could steal her money.
[11:33.040 --> 11:39.320]  Well there's something in Texas that most of the lawyers don't even know about it,
[11:39.320 --> 11:46.280]  and it's something called Champerty, C-H-A-M-P-E-R-T-Y.
[11:46.280 --> 11:50.960]  In a lot of states, Champerty is illegal, but not in Texas.
[11:50.960 --> 12:03.600]  In Texas, you can transfer your claim in Champerty to someone else, so that another person can
[12:03.600 --> 12:09.480]  actually either, you can give it to them or they can buy your claim.
[12:09.480 --> 12:13.840]  And we have lawyers that will, if you come to them, you've been in an accident, you have
[12:13.840 --> 12:19.640]  a right to a settlement, they'll just buy your settlement, they'll buy your claim and
[12:19.640 --> 12:22.920]  then they'll go adjudicate the settlement.
[12:22.920 --> 12:24.840]  That's called Champerty.
[12:24.840 --> 12:31.520]  So here where Joe is trying to help this woman, she's afraid that she'd get deported, Joe
[12:31.520 --> 12:37.080]  can take the claim in Champerty and then he can go after the lawyer.
[12:37.080 --> 12:44.440]  Now anything the lawyer can do to Joe, because he's a legal citizen, and then we can show
[12:44.440 --> 12:48.080]  you how to wipe the floor with the lawyer.
[12:48.080 --> 12:51.080]  Okay, you got that, Joe?
[12:51.080 --> 12:54.880]  Yes, yeah, yeah, I got that word.
[12:54.880 --> 12:57.720]  And then I would just look up the code, right?
[12:57.720 --> 13:02.200]  Yeah, just do a search for Champerty, Texas.
[13:02.200 --> 13:03.200]  Okay.
[13:03.200 --> 13:11.600]  And it's relatively simple, all it takes is a contract in the form of a quit claim.
[13:11.600 --> 13:21.520]  A quit claim in law is where you have a claim, but you quit your claim to someone else.
[13:21.520 --> 13:24.360]  You forego your claim and transfer it to someone else.
[13:24.360 --> 13:31.120]  So there's, you won't find a law for Champerty.
[13:31.120 --> 13:36.800]  The reason you can do Champerty is because you won't find a law for Champerty, because
[13:36.800 --> 13:43.880]  the only law would be to prevent someone from entering into this kind of contract.
[13:43.880 --> 13:49.200]  And there are certain kinds of contracts you can't enter into, and if you're in one of
[13:49.200 --> 13:56.320]  the states that forbid it, then the Champerty law will be the law that forbids you to enter
[13:56.320 --> 13:57.920]  into this kind of contract.
[13:57.920 --> 14:00.000]  But you don't have that in Texas.
[14:00.000 --> 14:03.440]  So you won't find actual law on Champerty.
[14:03.440 --> 14:14.240]  You will find case law for someone has picked up somebody else's claim, and the defendant
[14:14.240 --> 14:20.120]  objected claiming that they had no standing, and the court comes in and rules that they
[14:20.120 --> 14:23.360]  hold a valid claim by Champerty.
[14:23.360 --> 14:24.360]  Okay.
[14:24.360 --> 14:27.360]  All right, I appreciate it.
[14:27.360 --> 14:36.280]  One more question, does the jurisdiction book have anything about tax laws or IRS?
[14:36.280 --> 14:45.480]  No, but I just had a long conversation with Barry Watson today, and he's a country western
[14:45.480 --> 14:53.800]  singer and he's also the most knowledgeable guy on taxes that I know.
[14:53.800 --> 14:59.880]  And he'll be coming back to Tennessee soon, he's in Austin right now, but he has a record
[14:59.880 --> 15:04.440]  contract, so he'll be coming up to Tennessee, and when he does, I'm going to go medium and
[15:04.440 --> 15:16.040]  capture his expertise and build an online electronic lawyer for IRS issues.
[15:16.040 --> 15:22.240]  And we will develop a complete body of law for dealing with the IRS, but I don't have
[15:22.240 --> 15:23.920]  it yet.
[15:23.920 --> 15:24.920]  Okay.
[15:24.920 --> 15:28.400]  Is there anyone you can recommend me right now because my daughter's in a situation with
[15:28.400 --> 15:29.400]  IRS?
[15:29.400 --> 15:36.480]  Oh yeah, I got someone there in Austin.
[15:36.480 --> 15:47.760]  If you will send me an email requesting assistance with IRS, I will forward it to David Lewis
[15:47.760 --> 15:49.920]  and have him get back to you.
[15:49.920 --> 15:50.920]  Okay.
[15:50.920 --> 15:54.320]  What's your email?
[15:54.320 --> 15:57.320]  Randy at ruleoflawradio.com.
[15:57.320 --> 15:58.320]  Okay.
[15:58.320 --> 16:04.240]  All right, Randy, I appreciate it.
[16:04.240 --> 16:05.240]  Okay.
[16:05.240 --> 16:07.680]  Now we're going to go to Scott in Texas.
[16:07.680 --> 16:09.000]  Hello, Scott.
[16:09.000 --> 16:12.480]  What have you been up to this week?
[16:12.480 --> 16:16.040]  Oh, quite a bit.
[16:16.040 --> 16:27.200]  On a day though, I got some mail, actually, it comes in an email, and I have some attorneys
[16:27.200 --> 16:34.440]  that I have filed suit against because they failed to take a criminal complaint and follow
[16:34.440 --> 16:36.240]  with their action.
[16:36.240 --> 16:43.720]  And in their motions, they're saying that they're claiming immunity naturally, and they
[16:43.720 --> 16:49.000]  also put in here in section three, Emotion for Sanction.
[16:49.000 --> 16:55.920]  And they are asking the court, they're saying, including in order to pay restitution to Dallas
[16:55.920 --> 16:59.760]  County for processing and sort of serving plaintiffs.
[16:59.760 --> 17:00.760]  Dang, cookies.
[17:00.760 --> 17:01.760]  Cookie?
[17:01.760 --> 17:02.760]  Me love cookies.
[17:02.760 --> 17:04.760]  Oh, hi, Cookie Muncher.
[17:04.760 --> 17:06.760]  No, these are yucky cookies.
[17:06.760 --> 17:07.760]  Cookie?
[17:07.760 --> 17:08.760]  Yucky?
[17:08.760 --> 17:09.760]  No, not bad cookies.
[17:09.760 --> 17:10.760]  You can't even eat these cookies.
[17:10.760 --> 17:11.760]  These are cyber cookies.
[17:11.760 --> 17:14.000]  No, can't you eat?
[17:14.000 --> 17:17.200]  No, they are cyber cookies and they clog up your computer.
[17:17.200 --> 17:18.200]  They have apples.
[17:18.200 --> 17:19.200]  Really?
[17:19.200 --> 17:21.200]  Oh, that's an actual apple.
[17:21.200 --> 17:22.200]  Yummy apple.
[17:22.200 --> 17:26.880]  I'm going to throw away these yucky cookies in the trash.
[17:26.880 --> 17:33.000]  I click control, shift, delete, and then scroll down to cookies and clear them.
[17:33.000 --> 17:34.600]  Bye-bye, yucky cookies.
[17:34.600 --> 17:40.280]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand
[17:40.280 --> 17:46.280]  side, bookmark the link, and I can go to Amazon through this link and order you some yummy
[17:46.280 --> 17:47.280]  new cookie.
[17:47.280 --> 17:48.280]  New cookies?
[17:48.280 --> 17:49.280]  For me?
[17:49.280 --> 17:51.080]  Consider it an early Christmas present.
[17:51.080 --> 17:55.880]  And every time I order on Amazon, I go through this link and I give a little present to this
[17:55.880 --> 17:56.880]  radio network too.
[17:56.880 --> 17:57.880]  Cheers for Cookie.
[17:57.880 --> 17:58.880]  Cheers for Classified.
[17:58.880 --> 18:07.000]  It's the 2017 Logos Radio Network Annual Fundraiser, sponsored by Central Texas GunWorks, Defense
[18:07.000 --> 18:12.320]  Distributed, and Fat Sal's Deli, go to logosradionetwork.com and enter the win.
[18:12.320 --> 18:14.960]  Every $25 donation is a chance to win.
[18:14.960 --> 18:20.640]  From Central Texas GunWorks, first place, up for grabs, a Spikes Tactical AR-15.
[18:20.640 --> 18:24.560]  Second place, Taurus PT-111 G29mm pistol.
[18:24.560 --> 18:28.760]  From Defense Distributed, third place, the AR-308, 80% lower.
[18:28.760 --> 18:31.840]  Fourth place, the AR-15, 80% lower.
[18:31.840 --> 18:36.280]  From Fat Sal's Deli, fifth place, $100 gift card for Fat Sal's Deli.
[18:36.280 --> 18:38.760]  Every $25 donation is a chance to win.
[18:38.760 --> 18:40.760]  That's logosradionetwork.com.
[18:40.760 --> 18:46.200]  Also, if you purchase Randy Kelton's e-book, Legal 101, you get four chances to win.
[18:46.200 --> 18:49.520]  Purchase Eddie Craig's traffic seminar and get 10 chances to win.
[18:49.520 --> 18:52.720]  And remember, every $25 donation is a chance to win.
[18:52.720 --> 18:57.440]  Go to logosradionetwork.com for details and donate today.
[18:57.440 --> 18:58.920]  Contest ends November 20th.
[18:58.920 --> 19:06.840]  If you're listening to the logosradionetwork.com, go to logosradionetwork.com.
[19:28.920 --> 19:33.480]  Okay, we are back.
[19:33.480 --> 19:39.000]  Randy Kelton grew up on radio and let Scott run off the cliff there at the end of that
[19:39.000 --> 19:40.000]  segment.
[19:40.000 --> 19:49.800]  Okay, Scott, you were saying that the lawyers you sued are asking for sanctions.
[19:49.800 --> 20:00.120]  Yeah, and how it reads is, you know, I won't read the whole thing, but other forms of
[20:00.120 --> 20:05.320]  sanctions could be appropriate, including in order to pay restitution to Dallas County
[20:05.320 --> 20:11.400]  for processing service, plaintiff's, meritiff's lawsuits, your plaintiff has asserted outlandish
[20:11.400 --> 20:17.680]  claims against an assistant city attorney premised on the idea that plaintiff has a legal claim
[20:17.680 --> 20:22.520]  because of prosecutor exercise discretion regarding plaintiff's criminal complaint after
[20:22.520 --> 20:23.520]  David.
[20:23.520 --> 20:27.480]  Such a suit is barred by municipal immunities.
[20:27.480 --> 20:31.840]  All five of these have the exact same thing.
[20:31.840 --> 20:34.440]  The only thing they changed was the name and all of these.
[20:34.440 --> 20:40.360]  I already sent you a copy of it to you to read, but yeah, this is for where the criminal
[20:40.360 --> 20:47.400]  complaint, they refuse to reduce to an information and do anything with it.
[20:47.400 --> 20:50.960]  And now they're asking for sanctions.
[20:50.960 --> 21:01.960]  That should get the counterrequest for sanctions for trying to chill your access to the courts.
[21:01.960 --> 21:05.800]  Yeah, because in the beginning...
[21:05.800 --> 21:07.640]  And of course, the bar grievance.
[21:07.640 --> 21:13.720]  Oh, of course that, but it's funny in the very first sentence when they were talking
[21:13.720 --> 21:20.320]  about underneath her caption and stuff, plaintiff pursued several other public servants, including
[21:20.320 --> 21:26.640]  police, chiefs, prosecutors, and judges, footnote one, went down to read, footnote one, a plaintiff
[21:26.640 --> 21:32.160]  has currently approximately 20 civil cases in state and federal court at various procedural
[21:32.160 --> 21:33.160]  stages.
[21:33.160 --> 21:35.080]  I didn't even realize I had 20 yet.
[21:35.080 --> 21:36.080]  I was like, oh, wow.
[21:36.080 --> 21:37.080]  Okay.
[21:37.080 --> 21:38.080]  Thanks for counting.
[21:38.080 --> 21:46.280]  Okay, first, the first statement is objection relevance.
[21:46.280 --> 21:53.920]  Second one is, this is not an indication that you are litigious, but rather it's a demonstration
[21:53.920 --> 22:02.600]  of how corrupt the system is and how out of control the system is.
[22:02.600 --> 22:10.320]  How do they support their claim for sanctions?
[22:10.320 --> 22:17.040]  Because they're claiming that they have immunity?
[22:17.040 --> 22:18.040]  So what?
[22:18.040 --> 22:27.280]  Do they have case law saying that if you sue someone who has the right to claim immunity,
[22:27.280 --> 22:30.680]  that it is grounds for sanction?
[22:30.680 --> 22:40.200]  No, basically all they're stating is that to impose sanctions and they support that
[22:40.200 --> 22:45.960]  was the case law, sanctions awarded by attorney's fees falls within the discretion of the court,
[22:45.960 --> 22:50.680]  case law fighting that, and that's about it.
[22:50.680 --> 22:57.240]  So they're saying that a court has a right to impose sanctions and support it that way,
[22:57.240 --> 23:06.160]  after that, it just goes straight into they just have immunity because they're also speaking
[23:06.160 --> 23:12.000]  qualified immunity from an amount of immunity.
[23:12.000 --> 23:17.360]  Qualified immunity is not a bar to prosecution.
[23:17.360 --> 23:21.040]  It's an affirmative defense that must be pledged.
[23:21.040 --> 23:30.480]  So you as the filer have no duty to anticipate a claim of qualified immunity.
[23:30.480 --> 23:35.640]  Just read that in case law a couple of days ago.
[23:35.640 --> 23:41.240]  I think when I was talking to you there was a case we were looking at that addressed exactly
[23:41.240 --> 23:51.160]  that, that you didn't, oh, the case you filed, the lawyers asked the court to demand that
[23:51.160 --> 24:04.360]  you file a more specific allegation under to show how that you got past their immunity.
[24:04.360 --> 24:07.320]  That was under rule 7A.
[24:07.320 --> 24:17.840]  But in speaking to that, the statute that they, I mean the case that they cited stated
[24:17.840 --> 24:30.160]  specifically that you had no duty to anticipate a claim of immunity when you make your petition.
[24:30.160 --> 24:41.960]  So this very case belies their claim for sanctions because you don't have to anticipate a claim
[24:41.960 --> 24:48.600]  of immunity because the defendant can waive that claim if they want to.
[24:48.600 --> 24:50.680]  It's a claim that it's an affirmative defense.
[24:50.680 --> 24:54.080]  It must be pledged.
[24:54.080 --> 25:03.360]  So their request for sanctions is frivolous and should get sanctions itself as it acts
[25:03.360 --> 25:06.080]  on the order of a slap suit.
[25:06.080 --> 25:14.120]  It's a request for the purpose of punishing a litigant for actively adjudicating and protecting
[25:14.120 --> 25:16.560]  his rights.
[25:16.560 --> 25:23.480]  The prosecutor would have it that the more corrupt they are, the more they should be
[25:23.480 --> 25:28.560]  protected from litigation.
[25:28.560 --> 25:30.560]  Good luck with that, guys.
[25:30.560 --> 25:31.560]  Right.
[25:31.560 --> 25:38.720]  Well, I stand corrected because they're actually going under defendant's sovereign and prosecutorial
[25:38.720 --> 25:39.720]  immunity.
[25:39.720 --> 25:41.720]  So it wasn't qualified immunity.
[25:41.720 --> 25:46.600]  I was thinking about the other one and when I scrolled up and read it, that's when I read
[25:46.600 --> 25:52.000]  sovereign and prosecutorial immunity.
[25:52.000 --> 25:58.840]  And we can address that because this is an administrative duty that the prosecutor has
[25:58.840 --> 26:03.760]  when it is a claim against the public official.
[26:03.760 --> 26:12.520]  So the prosecutor doesn't, in this portion, what he's doing is administrative and not
[26:12.520 --> 26:20.960]  prosecutorial because under 2.03, all of his discretion that would go to prosecution
[26:20.960 --> 26:22.200]  is taken away.
[26:22.200 --> 26:29.760]  There is no prosecution until a grand jury brings an indictment.
[26:29.760 --> 26:38.800]  2.03 simply directs him to present the complaint to the grand jury.
[26:38.800 --> 26:43.640]  It doesn't, it's an administrative duty.
[26:43.640 --> 26:45.360]  So you've got a good argument.
[26:45.360 --> 26:47.560]  They're going to have a hard time with this one.
[26:47.560 --> 26:56.440]  They're trying to claim that they are immune from civil litigation when they commit crimes.
[26:56.440 --> 27:01.080]  Let's see how that works for them.
[27:01.080 --> 27:06.200]  Yeah, because they're making a plea to the jurisdiction.
[27:06.200 --> 27:09.880]  Of course, you know, they want to plead to the jurisdiction and stuff like that.
[27:09.880 --> 27:17.320]  So yeah, I thought it was really kind of amazing because one of the prosecutors has already
[27:17.320 --> 27:25.840]  been set up for a hearing in January and so I got that the other day and I thought I forwarded
[27:25.840 --> 27:33.360]  it over to you and I think whatever reason that email is lost, fortunately, I captured
[27:33.360 --> 27:35.880]  some of the information and put it on my calendar.
[27:35.880 --> 27:36.880]  So I have that.
[27:36.880 --> 27:42.440]  I'll just have to call the courts Monday and see if I can get them to rescind it or I may
[27:42.440 --> 27:46.640]  have to go down there and get a copy of that from the court itself.
[27:46.640 --> 27:47.640]  Whatever.
[27:47.640 --> 27:50.880]  So I can have an actual copy of it and keep it on the box.
[27:50.880 --> 27:54.760]  I thought I downloaded it and put it in my file, but whatever.
[27:54.760 --> 28:04.440]  Okay, back up and talk about what happened with the clerk who refused to accept a green
[28:04.440 --> 28:07.480]  card, a certified mail.
[28:07.480 --> 28:14.960]  Oh, you're going to really like this for what happened today, but let's just back up to that.
[28:14.960 --> 28:23.000]  So I had been sending certified mail to this Reigns County court and I had already filed
[28:23.000 --> 28:30.200]  three suits and one gives a chief of police for east to alchemy, one against the cop that
[28:30.200 --> 28:35.760]  originally stopped me for no license plate, front license plate, and one on the county
[28:35.760 --> 28:36.760]  judge.
[28:36.760 --> 28:44.640]  So I sent these certified letters, mail, and everything came back because I had a self
[28:44.640 --> 28:48.760]  address stamped envelope for them when they file stamped my copies and they went back
[28:48.760 --> 28:49.760]  to me.
[28:49.760 --> 28:56.040]  Well, they wanted to set a hearing up for today, which they did this earlier in the month.
[28:56.040 --> 29:07.520]  I had sent a letter to them on November 7 wanting to reset the hearing until next year
[29:07.520 --> 29:13.320]  in February, after February 15 because of my job and stuff.
[29:13.320 --> 29:21.120]  And so anyhow, yesterday, the letter came back unopened and it was from the court.
[29:21.120 --> 29:26.240]  Well, I immediately called the court says I got as about 1130 in the morning and said,
[29:26.240 --> 29:28.160]  hey, what's going on here?
[29:28.160 --> 29:34.040]  Where is my, why are y'all not getting my mail all of a sudden because this is a motion
[29:34.040 --> 29:35.040]  to reset?
[29:35.040 --> 29:41.200]  And naturally she was the clerk was like, oh, we don't know what happened being all
[29:41.200 --> 29:43.720]  small and friendly and stuff.
[29:43.720 --> 29:44.720]  We just don't know.
[29:44.720 --> 29:46.920]  Well, I can't tell you what happened.
[29:46.920 --> 29:55.520]  I said, oh, okay, well, all right, fine, I'm going to back you over a copy of this motion
[29:55.520 --> 30:02.920]  and she said, well, you just need to say this is a hard copy, okay, fine.
[30:02.920 --> 30:08.280]  Get out a hat and sunglasses in San Diego, law enforcement agents are using video surveillance
[30:08.280 --> 30:14.000]  cameras and facial recognition to pick faces out of crowds under Catherine Albright back
[30:14.000 --> 30:16.800]  with details in a moment.
[30:16.800 --> 30:18.520]  Privacy is under attack.
[30:18.520 --> 30:22.120]  When you give up data about yourself, you'll never get it back again.
[30:22.120 --> 30:27.120]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.120 --> 30:28.640]  So protect your rights.
[30:28.640 --> 30:32.280]  Say no to surveillance and keep your information to yourself.
[30:32.280 --> 30:34.880]  Privacy, it's worth hanging on to.
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[30:55.120 --> 31:00.160]  Face First has developed scanners that can sweep a crowd from 100 feet away to record
[31:00.160 --> 31:03.800]  every face and feed those images into a database.
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[31:07.040 --> 31:12.240]  Already deployed in Panama, Face First is now being tested on San Diego streets.
[31:12.240 --> 31:18.320]  Imagine the feds, drones, marketers, and stalkers all scanning our faces and identifying us
[31:18.320 --> 31:20.080]  as we walk down the street.
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[31:23.320 --> 31:31.560]  I'm Dr. Catherine Albright for StartPage.com, the world's most private search engine.
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[32:01.840 --> 32:05.920]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:05.920 --> 32:09.520]  In today's America, we live in an us against them society, and if we the people are ever
[32:09.520 --> 32:13.880]  going to have a free society, then we're going to have to stand and defend our own rights.
[32:13.880 --> 32:16.680]  Among those rights are the right to travel freely from place to place, the right to
[32:16.680 --> 32:20.960]  act in our own private capacity, and most importantly, the right to due process of law.
[32:20.960 --> 32:24.800]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.800 --> 32:26.200]  our rights through due process.
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[32:30.160 --> 32:33.920]  most comprehensive teaching tool available that will help you understand what due process
[32:33.920 --> 32:36.320]  is and how to hold courts to the Rule of Law.
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[32:55.680 --> 33:04.680]  For your copy today and together, we can have the free society we all want and deserve.
[33:04.680 --> 33:10.680]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:10.680 --> 33:26.680]  Yeah, I got the warrant, and I gonna solve them, to the government them, prosecute them.
[33:26.680 --> 33:27.680]  Okay.
[33:27.680 --> 33:28.680]  All set.
[33:28.680 --> 33:56.200]  Okay, we are back, Randy Kelton, Rule of Law Radio, and don't anybody tell Deborah that
[33:56.200 --> 34:01.200]  I let Scott run off the cliff there at the break.
[34:01.200 --> 34:05.520]  Okay, Scott, you should have told me we were gonna run off the cliff.
[34:05.520 --> 34:06.520]  What were you thinking?
[34:06.520 --> 34:10.200]  I don't even, I don't even hear the music either.
[34:10.200 --> 34:17.600]  Well, we're gonna hear the music when Deb sees this.
[34:17.600 --> 34:19.800]  We're gonna face the music.
[34:19.800 --> 34:20.800]  Okay.
[34:20.800 --> 34:26.800]  Okay, go ahead, we were talking about to raise county clerks.
[34:26.800 --> 34:30.800]  Yeah, well, I wanted to say welcome back from Vietnam, 20 years ago.
[34:30.800 --> 34:35.800]  I wanted to make sure everybody, I wanted to make sure I told you that too.
[34:35.800 --> 34:38.800]  20 years ago, 1970.
[34:38.800 --> 34:42.800]  How long ago was it then?
[34:42.800 --> 34:44.800]  47 years ago.
[34:44.800 --> 34:48.800]  Okay, well, I couldn't do quick math in my head, sorry.
[34:48.800 --> 34:50.800]  My brain is fried to dates.
[34:50.800 --> 34:51.800]  But anyway, welcome back.
[34:51.800 --> 34:52.800]  I'm glad you're here.
[34:52.800 --> 34:56.800]  I'm glad you, I'm glad you made it through that.
[34:56.800 --> 34:57.800]  Lead grinder.
[34:57.800 --> 35:02.800]  So, anyhow, enough of that, I don't want you to get a big head.
[35:02.800 --> 35:07.800]  But anyway, so talk about the county clerk there.
[35:07.800 --> 35:14.800]  So, I had already filed mail with the county clerk, already got mail back from self-addressed
[35:14.800 --> 35:17.800]  stamped envelopes, so I know it was a good address.
[35:17.800 --> 35:21.800]  Well, when I called up, they said, oh, we don't know what happened.
[35:21.800 --> 35:22.800]  Okay, fine.
[35:22.800 --> 35:25.800]  So, I go straight to my post office where I mailed the stuff out of.
[35:25.800 --> 35:28.800]  They looked it up and said, well, we can't really tell you.
[35:28.800 --> 35:32.800]  We'll give you the post office phone number and a number to customer service.
[35:32.800 --> 35:33.800]  Okay, fine.
[35:33.800 --> 35:37.800]  So, I called up customer service and it was a long wait.
[35:37.800 --> 35:39.800]  So, you put your phone number in, they'll call you back.
[35:39.800 --> 35:40.800]  Okay, fine.
[35:40.800 --> 35:49.800]  So, now I could get a hold of some guy, Stovall, at the Emory post office to tell him what's
[35:49.800 --> 35:50.800]  going on.
[35:50.800 --> 35:52.800]  It's like, how come my mail's coming back?
[35:52.800 --> 35:57.800]  Well, he's being a little snotty at first, and because I'm asking him some questions,
[35:57.800 --> 35:58.800]  who's the mail carrier?
[35:58.800 --> 35:59.800]  Who told him this?
[35:59.800 --> 36:00.800]  Well, I can't tell you that.
[36:00.800 --> 36:05.800]  You're going to have to get that information from the post office or from the postmaster
[36:05.800 --> 36:06.800]  general.
[36:06.800 --> 36:08.800]  Well, right about that time, my phone was ringing.
[36:08.800 --> 36:10.800]  I said, well, you're in luck.
[36:10.800 --> 36:13.800]  That is the postmaster general calling me now, and I'm going to file a complaint.
[36:13.800 --> 36:16.800]  He said, I'll take your number, give it to the supervisor.
[36:16.800 --> 36:22.800]  But he did make the mistake of telling me, oh, I think I recall that.
[36:22.800 --> 36:29.800]  The clerk, the mail carrier went there and attempted to give it to the clerk, and the
[36:29.800 --> 36:34.800]  clerk said, this is the wrong address and refused to take it.
[36:34.800 --> 36:40.800]  So they put it and stamped it, you know, return to sender, all this other good stuff.
[36:40.800 --> 36:41.800]  Well, you know, I got it.
[36:41.800 --> 36:45.800]  So that's how it came to me, and that's why I know something's going on.
[36:45.800 --> 36:52.800]  So anyhow, I hang up with him and call the postmaster or customer service.
[36:52.800 --> 36:58.800]  I tell this lady what's going on and tell her I want to file a complaint because now
[36:58.800 --> 37:03.800]  there seem to be tampering with the mail, and I got a case number.
[37:03.800 --> 37:09.800]  And she gave me the number to the postmaster general herself, who's some lady in
[37:09.800 --> 37:16.800]  Washington, D.C., and a customer advocacy group, and issued a federal postal case
[37:16.800 --> 37:21.800]  number so that the postmaster general is going to start walking around down there
[37:21.800 --> 37:25.800]  and start asking questions what is going on.
[37:25.800 --> 37:32.800]  Because even though a person can refuse to take a certified letter or even the
[37:32.800 --> 37:39.800]  sign with those green cards, they can do that, but not a government body.
[37:39.800 --> 37:45.800]  They have no discretion in not being able to accept a government document.
[37:45.800 --> 37:48.800]  And so now they're tampering with the mail.
[37:48.800 --> 37:54.800]  So anyhow, I hung up with that lady after I got all that stuff put together and got
[37:54.800 --> 38:00.800]  all my notes on it, and then the supervisor for Emory calls me up.
[38:00.800 --> 38:03.800]  Now I'm talking to him and telling him what's going on.
[38:03.800 --> 38:06.800]  Well, this guy happens to be new around there.
[38:06.800 --> 38:10.800]  And so I'm telling him, I said, well, you know, Trump keeps talking about
[38:10.800 --> 38:12.800]  draining the swamp.
[38:12.800 --> 38:16.800]  I said, but we need to start draining the swamp in our own backyard, because you
[38:16.800 --> 38:23.800]  can see what's going on with your post office carrier, and it's a small town
[38:23.800 --> 38:24.800]  out there in Emory.
[38:24.800 --> 38:29.800]  All those people know everybody if they're not just straight up related to
[38:29.800 --> 38:30.800]  each other.
[38:30.800 --> 38:36.800]  And so they're refusing to take my mail knowing that I'm good and well.
[38:36.800 --> 38:40.800]  This address is a correct address because I've already received mail back.
[38:40.800 --> 38:42.800]  He said, let me check the address.
[38:42.800 --> 38:43.800]  He checks.
[38:43.800 --> 38:45.800]  He goes, that is the correct address.
[38:45.800 --> 38:48.800]  I said, I know it is.
[38:48.800 --> 38:51.800]  I have the mail to prove it.
[38:51.800 --> 39:01.800]  And the mail carrier absolutely knew that when he wrote on it, undeliverable.
[39:01.800 --> 39:07.800]  It was the mail carrier that's, he's probably the one that's really going to
[39:07.800 --> 39:09.800]  get in trouble.
[39:09.800 --> 39:15.800]  Well, see, this falls back to the mail, and even the supervisor said, he goes,
[39:15.800 --> 39:20.800]  now they can refuse to accept that letter, and there's nothing, we can't force
[39:20.800 --> 39:21.800]  them to take it.
[39:21.800 --> 39:22.800]  They can refuse it.
[39:22.800 --> 39:24.800]  I said, okay, that's a given.
[39:24.800 --> 39:26.800]  Let's just say that's true.
[39:26.800 --> 39:34.800]  But the court clerk has a fiduciary duty without discretion to accept the mail
[39:34.800 --> 39:37.800]  that's correctly addressed to the court.
[39:37.800 --> 39:43.800]  Now, I want the mail carrier's name, and I want to know who told that lady that
[39:43.800 --> 39:44.800]  because it was a female carrier.
[39:44.800 --> 39:46.800]  He slipped up and said it was a female.
[39:46.800 --> 39:50.800]  I said, I want to know who told her that.
[39:50.800 --> 39:53.800]  He said, well, she may not recall exactly who told her.
[39:53.800 --> 39:55.800]  I said, but I will call you back.
[39:55.800 --> 40:00.800]  I said, okay, I expect you to call me back, which the guy did not call me back today.
[40:00.800 --> 40:01.800]  I'm kind of surprised.
[40:01.800 --> 40:06.800]  And I said, not fully expect that mail carrier to have temporary amnesia.
[40:06.800 --> 40:10.800]  Just can't recall exactly who told her that.
[40:10.800 --> 40:18.800]  But anyhow, so this morning is when the hearing was supposed to happen.
[40:18.800 --> 40:26.800]  So at 8.20, I faxed over the copy of the letter because I made a couple of corrections on
[40:26.800 --> 40:29.800]  a couple of things and kind of tightened it up a little bit.
[40:29.800 --> 40:36.800]  And plus put CC to the postmaster general and CC to customer advocacy.
[40:36.800 --> 40:44.800]  And also put in a motion for discovery for the district judge and the district clerk.
[40:44.800 --> 40:50.800]  I get an email about 11 o'clock today saying that the district judge went ahead and dismissed
[40:50.800 --> 40:56.800]  my case with prejudice so that they wouldn't have to get into none of that discovery.
[40:56.800 --> 41:01.800]  And then right after that, that district clerk called me up.
[41:01.800 --> 41:05.800]  Well, not only did she call me once, she called me four times.
[41:05.800 --> 41:07.800]  The first time she didn't leave a message.
[41:07.800 --> 41:12.800]  The second time she just said, I would just like to talk to Scott Richardson if he could
[41:12.800 --> 41:13.800]  just return my call.
[41:13.800 --> 41:14.800]  Well, I didn't call her back.
[41:14.800 --> 41:16.800]  I was on the phone all day too.
[41:16.800 --> 41:18.800]  It just happened to be every time she called, I was on the phone.
[41:18.800 --> 41:20.800]  So that just worked out perfect for me.
[41:20.800 --> 41:25.800]  Well, the third time she called, I'm still on the phone talking to some other yahoo.
[41:25.800 --> 41:27.800]  And she didn't leave a message.
[41:27.800 --> 41:33.800]  But the fourth time she called, she left a message saying, I would like to talk to Scott Richardson
[41:33.800 --> 41:38.800]  about this male that was returned back to him.
[41:38.800 --> 41:45.800]  And you could tell her whole demeanor now was not bright and cheery like it was this morning.
[41:45.800 --> 41:51.800]  It was a little bit more like stress and a little bit kind of frustrated because they're
[41:51.800 --> 41:53.800]  sweating bullets now.
[41:53.800 --> 41:55.800]  And I wouldn't call her back.
[41:55.800 --> 41:58.800]  I'm like, nope, y'all get to think about this over the weekend.
[41:58.800 --> 42:00.800]  But you get to think about it all over Thanksgiving.
[42:00.800 --> 42:02.800]  Have a real nice Thanksgiving.
[42:02.800 --> 42:12.800]  This is how it's supposed to work.
[42:12.800 --> 42:17.800]  Well, like I say, they're going to think about this all during Thanksgiving.
[42:17.800 --> 42:23.800]  Not only is the district clerk, her last name is Traver, but so is the sheriff.
[42:23.800 --> 42:29.800]  So, and I've already filed two close complaints on that sheriff.
[42:29.800 --> 42:34.800]  So, you know, they get to sit around over Thanksgiving talking about me and this federal
[42:34.800 --> 42:38.800]  case that's fixed to come balling up in their backyard.
[42:38.800 --> 42:42.800]  And then when I start writing up criminal complaints on the district judge and give it to the
[42:42.800 --> 42:48.800]  chief, to the sheriff, he's going to take, he's going to have real problems there.
[42:48.800 --> 42:52.800]  What we're looking at here is the sheriff.
[42:52.800 --> 42:59.800]  I'm sorry, there is the district judge conspiring with the district clerk.
[42:59.800 --> 43:07.800]  Each of those two individuals are individually elected public officials.
[43:07.800 --> 43:09.800]  So, the clerk doesn't work for the judge.
[43:09.800 --> 43:13.800]  She's a public official in her own right.
[43:13.800 --> 43:21.800]  So, we have the district clerk and the judge conspiring to deny you due process.
[43:21.800 --> 43:30.800]  Now, the prosecutor and the judge have immunity.
[43:30.800 --> 43:36.800]  I'm not so sure about the clerk because the clerk doesn't do anything judicial.
[43:36.800 --> 43:41.800]  Everything she does is administrative.
[43:41.800 --> 43:44.800]  Hang on, we're about to go to break.
[43:44.800 --> 43:51.800]  Randy Kelton, Hula Law Radio, I call in number 512-646-1984.
[43:51.800 --> 44:19.800]  We'll be right back.
[44:19.800 --> 44:45.800]  We'll be right back.
[44:45.800 --> 45:00.800]  We'll be right back.
[45:15.800 --> 45:43.800]  We'll be right back.
[45:43.800 --> 46:01.800]  We'll be right back.
[46:13.800 --> 46:25.800]  Okay, we are back.
[46:25.800 --> 46:32.800]  Randy Kelton, Hula Law Radio on this Friday, the 17th day of November, 2016,
[46:32.800 --> 46:37.800]  and kind of let Scott run us off the cliff again.
[46:37.800 --> 46:39.800]  I'm going to blame Scott for that.
[46:39.800 --> 46:42.800]  That was your fault, Scott.
[46:42.800 --> 46:44.800]  It's always my fault.
[46:44.800 --> 46:45.800]  Today's the same thing.
[46:45.800 --> 46:47.800]  Yeah, I'd never take responsibility.
[46:47.800 --> 46:48.800]  Okay.
[46:48.800 --> 46:50.800]  I know.
[46:50.800 --> 46:52.800]  Okay, where were we?
[46:52.800 --> 46:53.800]  Okay.
[46:53.800 --> 46:57.800]  Oh, I was saying about the clerk.
[46:57.800 --> 47:00.800]  The clerk's the one that's actually liable here,
[47:00.800 --> 47:04.800]  and because the clerk interfered with the US mail,
[47:04.800 --> 47:08.800]  the clerk denied you access to the court.
[47:08.800 --> 47:14.800]  Now you take the suit that you filed against all of these officials
[47:14.800 --> 47:17.800]  that was dismissed with prejudice,
[47:17.800 --> 47:21.800]  and you file against the clerk for the amount you lost
[47:21.800 --> 47:25.800]  because they dismissed your case with prejudice.
[47:25.800 --> 47:29.800]  See how that works for the clerk?
[47:29.800 --> 47:35.800]  Yeah, because that was just a $33 million suit.
[47:35.800 --> 47:38.800]  So now you bring it against her bond.
[47:38.800 --> 47:42.800]  Now you've got two suits against them.
[47:42.800 --> 47:46.800]  It looks like, appearance is everything,
[47:46.800 --> 47:53.800]  it looks like the district judge got these motions
[47:53.800 --> 47:55.800]  he didn't want to rule on,
[47:55.800 --> 47:59.800]  so he conspired with the district clerk
[47:59.800 --> 48:01.800]  to deny you access to the court
[48:01.800 --> 48:06.800]  so that the judge could immediately dismiss everything with prejudice.
[48:06.800 --> 48:11.800]  Now if he'd been half smart, he'd have dismissed it without prejudice,
[48:11.800 --> 48:17.800]  but dismissing it with prejudice is just absolutely inappropriate,
[48:17.800 --> 48:24.800]  and it's going to make this look intentionally fraudulent.
[48:24.800 --> 48:29.800]  I would suggest that you now take criminal charges against the judge
[48:29.800 --> 48:34.800]  and the clerk back to the grand jury,
[48:34.800 --> 48:39.800]  and you do this by putting them in an envelope
[48:39.800 --> 48:43.800]  and mailing them to the foreman of the grand jury,
[48:43.800 --> 48:46.800]  the Raines County Grand Jury.
[48:46.800 --> 48:50.800]  See what the prosecutor does with that one.
[48:50.800 --> 48:57.800]  Because you're already charging with interfering with the tamper with the U.S. mail
[48:57.800 --> 49:00.800]  if it's addressed to the foreman of the grand jury
[49:00.800 --> 49:02.800]  and the prosecutor intercepts it,
[49:02.800 --> 49:05.800]  you get a shot against him.
[49:05.800 --> 49:08.800]  That's not a part of the prosecutorial process
[49:08.800 --> 49:13.800]  where he will have immunity for certain.
[49:13.800 --> 49:20.800]  Yeah, and actually I've already sent something to the foreman of the grand jury
[49:20.800 --> 49:23.800]  and I didn't really follow up on it well,
[49:23.800 --> 49:28.800]  but I'm pretty sure that it got intercepted by somebody,
[49:28.800 --> 49:30.800]  probably the clerk,
[49:30.800 --> 49:33.800]  so what would probably be a better idea
[49:33.800 --> 49:37.800]  it would be to send it certified
[49:37.800 --> 49:41.800]  where only the foreman could actually sign for it
[49:41.800 --> 49:46.800]  and he has to get it himself so nobody could interfere with it.
[49:46.800 --> 49:49.800]  That's certified restricted.
[49:49.800 --> 49:53.800]  Yes, and that's a better way. It's a little more expensive, but not that much.
[49:53.800 --> 49:57.800]  Then if anybody else gets it, if you don't get a response,
[49:57.800 --> 50:04.800]  did you include a cover letter for the foreman to initial and send back to you?
[50:04.800 --> 50:07.800]  I did not on that first one,
[50:07.800 --> 50:12.800]  but I was still kind of learning a little bit on it, you know, and I was just...
[50:12.800 --> 50:14.800]  Oh, that's okay.
[50:14.800 --> 50:20.800]  The next one you send, you send it registered restricted and put a cover letter
[50:20.800 --> 50:25.800]  and ask the foreman to initial it and put it in the stamp self-addressed envelope
[50:25.800 --> 50:28.800]  and send it back to you so you know they got it.
[50:28.800 --> 50:34.800]  That way, if you don't get it back within a week or two weeks, however long you want to give them,
[50:34.800 --> 50:38.800]  then you assume that the letter was intercepted
[50:38.800 --> 50:42.800]  and since you sent it to the address of the district attorney's office,
[50:42.800 --> 50:46.800]  you assume it was intercepted by the district attorney
[50:46.800 --> 50:51.800]  and you file with the postal service against the district attorney.
[50:51.800 --> 50:57.800]  See who signed for it. See who's actually the foreman that signed for it.
[50:57.800 --> 50:59.800]  Right.
[50:59.800 --> 51:05.800]  We'll see because I'm pretty sure that it would probably be one of the clerks that's going to intercept it
[51:05.800 --> 51:10.800]  like they did this and to deny the due process.
[51:10.800 --> 51:17.800]  So it doesn't matter. Whoever signs that thing is going to be the one that's going to be having their hand in the cookie jar.
[51:17.800 --> 51:21.800]  Yeah, and you're in Rains County.
[51:21.800 --> 51:26.800]  Since they've already refused to accept one and you sick the feds on them immediately,
[51:26.800 --> 51:30.800]  when you send one back to the foreman registered restricted,
[51:30.800 --> 51:35.800]  they're looking at doing the same thing and having the feds after them again.
[51:35.800 --> 51:38.800]  That should get interesting.
[51:38.800 --> 51:42.800]  That's what I'm talking about.
[51:42.800 --> 51:45.800]  Okay.
[51:45.800 --> 51:50.800]  So, well, that's pretty much what I've got going on,
[51:50.800 --> 51:57.800]  and talking about following up on that case that we were talking about on that immunity thing,
[51:57.800 --> 52:03.800]  I was reading the case laws that we were talking about
[52:03.800 --> 52:11.800]  is if I'm reading that right, it's looking like that's case law that's in my favor of why they don't have immunity.
[52:11.800 --> 52:14.800]  And I'm thinking, am I really reading this correctly?
[52:14.800 --> 52:19.800]  And, you know, that'd be something I have to talk about because every case I started going back through
[52:19.800 --> 52:26.800]  and started researching even dug up a few more cases that were, you know, being referred to other cases is like,
[52:26.800 --> 52:31.800]  wait a minute, this is all like saying why they don't have immunity.
[52:31.800 --> 52:33.800]  This doesn't make sense.
[52:33.800 --> 52:38.800]  You know, so that's crazy and so...
[52:38.800 --> 52:40.800]  This is not uncommon.
[52:40.800 --> 52:44.800]  Excuse me, I'm having a voice issue.
[52:44.800 --> 52:47.800]  Okay, well, I'll carry you through for a few minutes.
[52:47.800 --> 52:54.800]  So, it looks like the error actually gave me the case law that I need to go back with to prove
[52:54.800 --> 53:00.800]  they don't have the immunity that they're trying to claim.
[53:00.800 --> 53:03.800]  This has happened before.
[53:03.800 --> 53:15.800]  Ben Durham was taking on the IRS and the IRS filed a set of motions and they cited case law.
[53:15.800 --> 53:23.800]  Well, Ken Magnuson was working with him and Ken always tells him, read the case law.
[53:23.800 --> 53:30.800]  So, Ken gets the case law and reads it and he called Ken back, I'm sorry, Ben Durham, got the case law and read it
[53:30.800 --> 53:37.800]  and he called Ken back and he said, you are not going to believe what I found.
[53:37.800 --> 53:48.800]  What he found was that what the lawyers had quoted was the heading that Lexus uses.
[53:48.800 --> 53:54.800]  He's got little headings with a little blurb on what these things are.
[53:54.800 --> 54:05.800]  And they used one of those, but what the case law actually said is this is what the law used to say,
[54:05.800 --> 54:13.800]  but this case changes it to what Ben was claiming.
[54:13.800 --> 54:19.800]  Whoever used those citations never read the case.
[54:19.800 --> 54:24.800]  So, he took their same case law and turned it back on them.
[54:24.800 --> 54:37.800]  The judge was so furious that he gave Ben that he threw out an IRS lien out of the district court and that almost never happens.
[54:37.800 --> 54:44.800]  The IRS came back to another court and got it put back and the judge knew that would happen.
[54:44.800 --> 54:55.800]  But he was to quote Harmon Taylor, he cut a button off the lawyer's shirt because they used bad case law.
[54:55.800 --> 54:57.800]  That can get him sanctioned.
[54:57.800 --> 55:00.800]  That's a real issue for lawyers.
[55:00.800 --> 55:14.800]  And if you look close at this case and it shows that the case does not state what these lawyers claim, then you certainly should ask for sanctions.
[55:14.800 --> 55:19.800]  Well, that's something we'll talk about next week sometime.
[55:19.800 --> 55:27.800]  And we've got a little time we can go over it because like I say, I was reading this stuff and you would see it referred to another case.
[55:27.800 --> 55:30.800]  It's like, okay, I downloaded that case and I saved it.
[55:30.800 --> 55:35.800]  I mean, I've saved probably like four or five cases and read them three all the way through.
[55:35.800 --> 55:42.800]  And the more I read, I'm thinking, wait a minute, this looks like it's going my way.
[55:42.800 --> 55:44.800]  What is going on here?
[55:44.800 --> 55:50.800]  This is not making sense because this looks like something I should be using and not them.
[55:50.800 --> 55:52.800]  Thanks for that.
[55:52.800 --> 55:54.800]  I don't know what to tell them.
[55:54.800 --> 56:12.800]  Oh, I like it when the other side sends me case law because once you get case law on point, you go to that case law and they don't just talk about this singular issue.
[56:12.800 --> 56:21.800]  Case law, they tend to address issues based on fact sets.
[56:21.800 --> 56:26.800]  And there are different facts that lead to different issues.
[56:26.800 --> 56:31.800]  And they'll say, okay, we have these facts that lead toward this issue.
[56:31.800 --> 56:41.800]  Now on this issue, we've passed this, we've ruled on this issue that's close and this issue.
[56:41.800 --> 56:49.800]  And then these issues behind it, but this one here, this is a new piece of case law.
[56:49.800 --> 57:01.800]  So they not only tell you the exact point you're on, but they explain the points around it so that it frames this point in context.
[57:01.800 --> 57:18.800]  Well, what that does is gives you other case law either on point or close to point where the lawyer that's filing the pleading is arguing his issue.
[57:18.800 --> 57:23.800]  There's case law all around it that will tend to argue against his issue.
[57:23.800 --> 57:33.800]  So when I get something on point, I can bounce off of that and find case laws that more fits my side of the story.
[57:33.800 --> 57:35.800]  Am I making sense?
[57:35.800 --> 57:39.800]  Yeah, because that's the way it looked like it was doing.
[57:39.800 --> 57:47.800]  It would kind of start off, but then it would start to kind of go off on a tangent a little bit.
[57:47.800 --> 57:53.800]  But that tangent was actually buttressing the point back up.
[57:53.800 --> 58:02.800]  And then when you looked at the case law on it, it would kind of go off a little bit of tangent, but it was reaffirming that point too.
[58:02.800 --> 58:04.800]  And so that's what I'm saying.
[58:04.800 --> 58:06.800]  It was like, wait a minute.
[58:06.800 --> 58:10.800]  This seems like everything is going back in my favor all the time.
[58:10.800 --> 58:15.800]  The thing about case law is most people look at reading cases and they're huge.
[58:15.800 --> 58:19.800]  Well, the thing you really want to read is the order.
[58:19.800 --> 58:26.800]  And the orders of the court, that's the last part of the case, are always extremely well written.
[58:26.800 --> 58:29.800]  They're succinct, easy to understand.
[58:29.800 --> 58:39.800]  So while reading the whole case law looks like a big job, you go read the order first and then you only read small sections of the case.
[58:39.800 --> 58:45.800]  You'll find it really educates you on the issues that you're adjudicating.
[58:45.800 --> 59:13.800]  Let's go to break. Randy Kelton, Real Law Radio, we'll be right back.
[59:13.800 --> 59:18.800]  Three books are a three volume set called Basic Elements of the Christian Life.
[59:18.800 --> 59:27.800]  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.
[59:27.800 --> 59:49.800]  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 or visit us online at bfa.org.
[59:58.800 --> 01:00:04.800]  The following newsflash is brought to you by The Lone Star Lowdown.
[01:00:04.800 --> 01:00:07.800]  Providing your deli bulletins for the commodity market.
[01:00:07.800 --> 01:00:20.800]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:20.800 --> 01:00:42.800]  Markets for Wednesday the 15th of November 2017, closed with gold at $1,278.33 an ounce, silver $17 an ounce, Texas crude $55.70 a barrel, Bitcoin is about $7,295 and dash coins about 421 U.S. fiat.
[01:00:42.800 --> 01:00:53.800]  Today in history, the year 1920, the first assembly of the League of Nations is held in Geneva, Switzerland.
[01:00:53.800 --> 01:01:14.800]  In recent news, in a statement almost in parody of the popular TV series Game of Thrones, 24-year-old Suyash Dixit, a man from Central India and CEO of the Indian based technology company, Softonator, proclaimed, I, Suyash Dixit, first of my name and the protector of the realm, declare myself as the king of the kingdom of Dixit.
[01:01:14.800 --> 01:01:25.800]  Dixit, I declare this unclaimed land of Beer Tawil as my country from now to eternity of time. I pledge to continue to work for the prosperity of my people of the country of this motherland.
[01:01:25.800 --> 01:01:35.800]  In effect, Lane claimed to an 800 square mile strip of land known as Barak Tawil that has been described as the only place on earth that is habitable but not claimed by any government.
[01:01:35.800 --> 01:01:47.800]  Dixit explained that, quote, following the early civilization ethics and rule, if you want to claim a land, then you need to grow crops on it. I've added a seed and poured some water on it today. It is mine.
[01:01:47.800 --> 01:02:02.800]  Dixit plans to govern the kingdom online where potential citizens can apply for citizenship or a position in government. The United Nations has four criteria for statehood, a permanent population, a defined territory, a government, and the ability to enter into relations with another state.
[01:02:02.800 --> 01:02:17.800]  It appears that the kingdom of Dixit has all but the first. The spontaneous rise of sovereign state seems to be a growing trend. For example, in 2015, a libertarian activist from the Czech Republic established the Free Republic of Liberland on a dispute territory between Siberia and Croatia.
[01:02:17.800 --> 01:02:26.800]  Hundreds of people have allegedly already filed application for the new kingdom of Dixit.
[01:02:26.800 --> 01:02:40.800]  Viewing conditions for the annual Leonid media shower should be at their best late into the 17th and early in the morning, hours of the 18th. All workers away from city lights should expect to see anywhere from 10 to 25 meteors an hour.
[01:02:40.800 --> 01:02:49.800]  The showers named after the constellation Leo, the lion, because they seem to emanate from that region in the sky. It is the northeastern part of the horizon.
[01:02:49.800 --> 01:02:59.800]  This is food quality with the lowdown for November 15, 2017.
[01:02:59.800 --> 01:03:23.800]  It's all according to the will of the Almighty. I read his book and it says he cares not for the other side of you. These warmungers come by that term Friday.
[01:03:23.800 --> 01:03:36.800]  Okay, we are back. Randy Kelkin, rule of law radio here on this Friday, the 17th day of November 2017.
[01:03:36.800 --> 01:03:44.800]  And if I sound a little distracted, I'm having to run the boards myself and I'm old and I'm not good at multitasking.
[01:03:44.800 --> 01:03:49.800]  Okay, Scott, are we done with you, Scott?
[01:03:49.800 --> 01:03:56.800]  You are done with me. Have a great weekend and a good Thanksgiving, sir.
[01:03:56.800 --> 01:04:09.800]  Okay, thank you, Scott, and keep up the good work. Okay, now we're going to Tim in Texas. Hello, Tim. What do you have for us today?
[01:04:09.800 --> 01:04:32.800]  Well, I called into the show and I thought, well, while I'm waiting to hear you and Scott talk, I looked in my e-mails to see if I received anything from you because the reason why I called in, I heard that you had been speaking with Mr. Watson and you were going to e-mail his information to me or my information to him at one point.
[01:04:32.800 --> 01:04:44.800]  Do you remember Barry? Yes, I remember Barry, but this is the kind of thing we do on a phone conversation and not on the air. However, while I was sitting here.
[01:04:44.800 --> 01:05:03.800]  Okay, I did have a very long conversation with Barry and he called because he hadn't heard from you guys, so I was expecting him to contact you and I was going to send, I've got two people I sent to him and I was going to send you an e-mail and ask you to send to him directly.
[01:05:03.800 --> 01:05:18.800]  I tend not to give out people's information unless they tell me it's okay for them to do that and Barry had actually done that quite a while ago and I'd forgotten that he had.
[01:05:18.800 --> 01:05:33.800]  So when I'm not certain, I err to the side of caution. I don't give out people's contact information. I generally send them an e-mail and that asks them to contact back. But anyway, yeah, I'll get that taken care of.
[01:05:33.800 --> 01:05:50.800]  I'll send you an e-mail with his contact information and you can get ahold of him. He's in Austin right now, so he has been out on the road. He's also a country western singer, so he's been on the road doing concerts all over the country.
[01:05:50.800 --> 01:06:09.800]  I had to go overseas, so I got to catch him before he goes on an overseas tour. He's apparently doing really well, but anyway, he is the best guy on trust that I've ever seen and the best guy on income tax.
[01:06:09.800 --> 01:06:15.800]  He knows the code, frontward and backward. Okay, what else do you have for us today?
[01:06:15.800 --> 01:06:29.800]  While I was sitting here waiting, I looked on my e-mail and at 4.58pm today, I received an answer back from our countersuit.
[01:06:29.800 --> 01:06:35.800]  Wonderful. Have you sent it to me?
[01:06:35.800 --> 01:06:57.800]  Well, I tried to. I sent it, but I don't know if you can open it. What I did is clicked on it. It came up. I went to the top bar. I hit it, hit copy, then I went to you and then I hit paste.
[01:06:57.800 --> 01:07:10.800]  And like I said, it's in your e-mail thing, but I don't know if you can open it. Okay, I will check it. I'm looking forward to reading that because that may give us...
[01:07:10.800 --> 01:07:28.800]  One of the things I noticed here was the subject matter jurisdiction that I don't have subject. Pixler's claims against the Newark defendants failed to invoke his court's jurisdiction. In fact, he insists his court does not have jurisdiction.
[01:07:28.800 --> 01:07:37.800]  He defends an original answer, page 14. Defendant challenges the subject matter jurisdiction of this court. Therefore, the court lacks jurisdiction over Pixler's claims.
[01:07:37.800 --> 01:07:42.800]  Well, sorry, guys. It doesn't work that way.
[01:07:42.800 --> 01:07:46.800]  Well, they denied mine out of hand.
[01:07:46.800 --> 01:07:47.800]  Yeah.
[01:07:47.800 --> 01:07:54.800]  This is insanity, man. These guys do whatever they want.
[01:07:54.800 --> 01:08:10.800]  Yeah. We... I'm sorry. It's fine. Okay. Tim, in the original, when the court came after him over city ordinance violations, we filed a challenge subject matter jurisdiction.
[01:08:10.800 --> 01:08:21.800]  They failed to respond to it. We filed a motion for summary judgment. They failed to respond to that. We tried to get the motion for summary judgment put on for hearing.
[01:08:21.800 --> 01:08:32.800]  The court refused to set a hearing date. And then the court filed suit in the district court to collect the fees. We claimed they improperly adjudicated.
[01:08:32.800 --> 01:08:48.800]  So we filed a challenge to subject matter jurisdiction in the district court, claiming that the city of Newark lacked standing or legal capacity to invoke the subject matter jurisdiction to the district court.
[01:08:48.800 --> 01:08:54.800]  Then we made claims of our own with the district court.
[01:08:54.800 --> 01:09:13.800]  So for them to say that because we challenged the subject matter jurisdiction of the court on the plaintiff's claims, that that would necessarily deny the court jurisdiction on the defendant's claims.
[01:09:13.800 --> 01:09:21.800]  On the counter plaintiff's counter claims. Well, that's ludicrous.
[01:09:21.800 --> 01:09:37.800]  Well, not only that, but remember you said that we were going to see whether the law firm represented. So what they did, of course, we addressed it to the city, each one of the attorneys, and then each one of the administrative board, plus the other judge.
[01:09:37.800 --> 01:09:46.800]  It's cold. And they're claiming that she has judicial immunity from the case. That's the last thing they put on there.
[01:09:46.800 --> 01:09:56.800]  But apparently they're representing everyone in this counter suit, counter suit or answer to our counter suit.
[01:09:56.800 --> 01:10:04.800]  I will really be interested in seeing how they addressed our claim of baritry.
[01:10:04.800 --> 01:10:07.800]  They didn't.
[01:10:07.800 --> 01:10:10.800]  Wow, wonderful.
[01:10:10.800 --> 01:10:18.800]  They mentioned it in there. Hey, Landon, when that goes off, turn it off.
[01:10:18.800 --> 01:10:24.800]  I'm sorry. I'm running around the house, my wife's out of pocket here.
[01:10:24.800 --> 01:10:39.800]  I was going to, it's only five pages long, but let's see here. They don't, they may mainly talk about sovereign immunity.
[01:10:39.800 --> 01:10:58.800]  Oh, no, plea to jurisdiction was the second one. The first one's motion to dismiss. They said that for intentional torts, including baritry, malpractice, perjury, and intentional infliction of emotional distress, the election of remedies provision of the Texas Tort Claims Act,
[01:10:58.800 --> 01:11:10.800]  provides that if a suit is filed under this chapter against both a governmental unit and any of its employees, the employee shall immediately be dismissed on the filing of a motion by the government unit.
[01:11:10.800 --> 01:11:16.800]  That's Texas Civil Practice and Remedies Code.
[01:11:16.800 --> 01:11:36.800]  The lawyer is not an employee of the city. Well, yeah. They're an agent. They're separate. Neither is Thompson Burton or Inland, the administrator board. Otherwise, they would be paid, right?
[01:11:36.800 --> 01:11:50.800]  Exactly. But no, they would fall under because they're acting under the cover of the city. But we will maintain that there are certain times when a municipality weighs its sovereign immunity.
[01:11:50.800 --> 01:11:51.800]  Right.
[01:11:51.800 --> 01:11:58.800]  And for the commission of criminal acts, they weigh their sovereign immunity.
[01:11:58.800 --> 01:12:17.800]  It says on number three, a special exception, the Newark Defendants, especially except EXCEPT, except the counterplaner fails to specify the maximum amount of damages claimed as required by Texas Rule of Civil Procedure 47.
[01:12:17.800 --> 01:12:36.800]  Okay. That'll work. So, okay, here's how we have court works. It's supposed to be a civil case. So the court wants to find a adjudication that's fair to both sides.
[01:12:36.800 --> 01:13:02.800]  So the plaintiff files a suit. Then the defendant files an answer to the suit. And once the plaintiff receives the answer, they can look at the arguments that the defendant made and they can say defendants arguments are well-pleaded.
[01:13:02.800 --> 01:13:26.800]  And we can go in and agree with the defendant and drop some of these cases. Or the objections are well taken. Okay. You're right. We didn't claim the maximum amount. So we can fix that. And that's the whole idea.
[01:13:26.800 --> 01:13:28.800]  Right.
[01:13:28.800 --> 01:13:34.800]  So we wanted this answer because we wanted to see the position that they took.
[01:13:34.800 --> 01:13:39.800]  They really are pretty little ambiguous, wouldn't you think?
[01:13:39.800 --> 01:13:48.800]  I haven't seen it yet, so I don't know. But five pages is hardly going to be enough.
[01:13:48.800 --> 01:13:59.800]  The Newark defendants deny each and every all in singular the material allegations contained within counter plaintiff's pleadings and demand strict proof thereof. They demand strict proof thereof.
[01:13:59.800 --> 01:14:07.800]  That is boilerplated. That's boilerplated in every suit. That's the standard.
[01:14:07.800 --> 01:14:09.800]  Okay.
[01:14:09.800 --> 01:14:14.800]  And we have given them strict proof thereof.
[01:14:14.800 --> 01:14:21.800]  In terms of defenses, the city has full governmental immunity both from suit and liability.
[01:14:21.800 --> 01:14:38.800]  And it says there's one sentence in here that says something about that is for any chance that I'm able to prove anything, you know, which is highly unlikely.
[01:14:38.800 --> 01:14:44.800]  I don't know where it's put. I have to find it. But you'll see it when you read it.
[01:14:44.800 --> 01:14:57.800]  But anyway, oh, the city is entitled to offsets and credits and the limitation of damages in Texas civil practice and remedies code 41.0105.
[01:14:57.800 --> 01:15:13.800]  So anyway, did they oppose our claims that they denied due process in the manner in which they held the administrative hearing?
[01:15:13.800 --> 01:15:15.800]  Not that I see.
[01:15:15.800 --> 01:15:19.800]  Oh, goodie. See, here's a problem when you file an answer.
[01:15:19.800 --> 01:15:35.800]  Here it is. Here it is. Here it is. Here it is. Here it is. I don't know if they did. It says the Newark Defendant especially accepts its pictures due course of law claim as he does not specify whether the claim is brought as a substantive or procedural due course of law claim.
[01:15:35.800 --> 01:15:46.800]  Further, the Newark Defendant especially accepts that there is no private right for damages under the Texas Constitution and any cause of action for damages under the Texas Constitution is not viable.
[01:15:46.800 --> 01:15:50.800]  See, City of Beaumont v. Bullion, 1995.
[01:15:50.800 --> 01:15:59.800]  Almost 22 years ago, the Supreme Court in Bullion denied the opportunity for plaintiffs to create private rights of action for constitutional courts involving the Texas Constitution.
[01:15:59.800 --> 01:16:18.800]  Bullion has been consistently followed by the courts to dismiss Texas Constitutional Damage Claim. C. Kaufman County v. Combs, Dallas, 2012. Petition denied. There is no direct cause of action for equal protection or due process violations under the U.S. or Texas Constitution.
[01:16:18.800 --> 01:16:34.800]  Hidalgo County v. Dyer. That's Corpus Christi, 2011. There is no cause of action for money damages under Article 1, Section 19 of the Texas Constitution. Smith v. City of League City. That was 2011. The due process provision...
[01:16:34.800 --> 01:16:52.800]  Okay, hang on, hang on, hang on. We're about to go to break. Randy Kelkin, we will have our radio, our call-in number, 512-646-1984. We'll have the call-up lines open all night, so if you have a question or comment, we have four callers on the board.
[01:16:52.800 --> 01:16:59.800]  The board will hold five. So if you try to call in and you can't get on, wait till someone drops off and then try to call it back.
[01:16:59.800 --> 01:17:09.800]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's no going back. I need my truth pick. I'd be lost without logos.
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[01:17:34.800 --> 01:17:42.800]  Click on the Amazon logo and bookmark it. Now, when you order anything from Amazon, you use that link and logos gets a few pesos.
[01:17:42.800 --> 01:17:43.800]  Do I pay extra?
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[01:17:44.800 --> 01:17:46.800]  Do you have to do anything different when I order?
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[01:17:47.800 --> 01:17:48.800]  Can I use my Amazon pride?
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[01:17:49.800 --> 01:17:50.800]  I mean, yes.
[01:17:50.800 --> 01:17:56.800]  Wow. Giving without doing anything or spending any money. This is perfect. Thank you so much.
[01:17:56.800 --> 01:17:57.800]  We are welcome.
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[01:19:27.800 --> 01:19:37.800]  Okay, we are back. Randy Kelton, Rula Radio, and we're talking to Tim in Texas. Tim, I think we're going to have a lot of fun with this answer.
[01:19:37.800 --> 01:19:52.800]  I was thinking over the break. I'll look at this claim that if you sue the city and public officials, that the public officials are automatically dismissed from the case.
[01:19:52.800 --> 01:20:12.800]  And we will say the point is well taken. We'll drop the suit against the city because the only suit against the city is claiming that the city court, the municipal court, was not a proper court because it wasn't properly named.
[01:20:12.800 --> 01:20:29.800]  And therefore, the city didn't have jurisdiction to initiate the prosecution in this court. We can drop that one. We can drop everything against the city and sue the lawyer and the three individuals in their personal capacity.
[01:20:29.800 --> 01:20:35.800]  Yeah, Mrs. Thompson called us evil on Facebook.
[01:20:35.800 --> 01:20:37.800]  Wait, say that again.
[01:20:37.800 --> 01:20:48.800]  She, Mrs. Thompson, one of the administrative hearing board members called me evil.
[01:20:48.800 --> 01:20:56.800]  She has to be careful. She's in mitigation. She really needs to be careful. That's good though. That's good.
[01:20:56.800 --> 01:21:08.800]  She didn't actually say that. What it was, I had posted something that said 12 ways to know that you're dealing with an evil person. I posted it on there. And a lot of people said, oh, that's great. That's great.
[01:21:08.800 --> 01:21:17.800]  I know people like that. I think I'm related to some of those. And then she put, I think Tim ought to, I think Tim ought to read his own post.
[01:21:17.800 --> 01:21:29.800]  This lady got on there and said, gee, Pam, why don't you tell him how you really feel? Gee. And Pam goes, I think I did.
[01:21:29.800 --> 01:21:41.800]  Well, you know, what I tell people is never give fair warning. And Tim, you know, he's kind of angry these people. He wants to let them know.
[01:21:41.800 --> 01:21:58.800]  And I've been suggesting that you not, you stay real quiet. And it's for this reason. Because if you indicate that you're angry or frustrated, the other side to be back there chuckling, just like you're chuckling right now.
[01:21:58.800 --> 01:22:01.800]  I gotcha. I gotcha.
[01:22:01.800 --> 01:22:12.800]  And she should have known better. She let us know that what we're doing is having its effect. And so we'll read the lawyers pleading.
[01:22:12.800 --> 01:22:23.800]  And depending on what I see, we may non suit all the public officials and just sue the city.
[01:22:23.800 --> 01:22:34.800]  And then follow a separate suit against the three administrative board and the lawyer for criminal violations.
[01:22:34.800 --> 01:22:41.800]  Okay. We're going to probably Skype this to you that way. I'll make sure that you get it. Okay.
[01:22:41.800 --> 01:22:48.800]  Okay. Then I'll look at it and then I'm hoping we can have a nice discussion about it next week.
[01:22:48.800 --> 01:22:50.800]  Yeah.
[01:22:50.800 --> 01:22:54.800]  Okay. Okay. Thank you, Tim.
[01:22:54.800 --> 01:22:56.800]  Thank you, sir.
[01:22:56.800 --> 01:23:01.800]  Okay. Now we're going to go to David in South Dakota. Hello, David.
[01:23:01.800 --> 01:23:03.800]  Hello, Randy. How are you?
[01:23:03.800 --> 01:23:09.800]  I am good. Haven't heard from you in a while. What is up with you?
[01:23:09.800 --> 01:23:23.800]  Well, I'm always poking my nose at something online. I found an association called the Texas Municipal Clerks Association. Have you heard of them?
[01:23:23.800 --> 01:23:30.800]  Not Municipal Clerks Association, but that is good to hear.
[01:23:30.800 --> 01:23:40.800]  They have 1000 members and I figured they should have at least 10 times that because there's many times more municipalities in the state of Texas.
[01:23:40.800 --> 01:23:47.800]  Anyway, I thought of you when I found it is the Texas Municipal Clerks Association.
[01:23:47.800 --> 01:24:04.800]  If you want to go online, it's quick. It's m-u-n-i-c-l-e-r-k-s dot university. It's just u-n-t dot edu. Their offices are close to you down there.
[01:24:04.800 --> 01:24:16.800]  You're in, I forget the county, but anyway, they're up there in Denton, Texas at the University of North Texas.
[01:24:16.800 --> 01:24:23.800]  Okay, yeah, I know where that's at. I'm not too close to it now. I'm in Tennessee at the moment.
[01:24:23.800 --> 01:24:29.800]  Oh, okay. Well, you move around a little bit too, but that's good.
[01:24:29.800 --> 01:24:48.800]  I will definitely look those up to see if there's any likelihood that we can file complaints against public officials, but this doesn't look like it is a governmental agency.
[01:24:48.800 --> 01:25:02.800]  Once you figure out what it is, here was my idea, and I'll try to be quick so you can get the next fellow on, but they published two journals. One of them is called the Texas Municipal Law and Procedures Manual.
[01:25:02.800 --> 01:25:12.800]  The other one is the Texas Municipal Clerks Handbook, and the third one is called the Texas Municipal Election Law Manual.
[01:25:12.800 --> 01:25:25.800]  I thought of Dr. Presley when I read that, but Randy, we're trying to get down on the ground floor with all these people abiding by what the law says.
[01:25:25.800 --> 01:25:35.800]  What if you were a guest speaker at their next whatever their annual meeting is? See, they certify all these city clerks.
[01:25:35.800 --> 01:25:50.800]  If you were their guest speaker, maybe Dr. Laura Presley, you and she and read their manual before you speak, and then you could make changes or help them make changes.
[01:25:50.800 --> 01:25:57.800]  It's an annual, it's one of those thick books that you add pages to at the end of the year.
[01:25:57.800 --> 01:25:58.800]  Yes.
[01:25:58.800 --> 01:26:00.800]  You follow me?
[01:26:00.800 --> 01:26:02.800]  Yes, I am.
[01:26:02.800 --> 01:26:05.800]  Go ahead.
[01:26:05.800 --> 01:26:11.800]  We have a way, I definitely want to read their manuals.
[01:26:11.800 --> 01:26:16.800]  Then I know better how to address claims against the clerks.
[01:26:16.800 --> 01:26:18.800]  Right.
[01:26:18.800 --> 01:26:33.800]  I have the traffic ticket website set up and working in looking more closely at tickets. Something has emerged about traffic citations.
[01:26:33.800 --> 01:26:44.800]  You know, I come on the air and I quote the average conviction rate for all crimes in Texas across the board.
[01:26:44.800 --> 01:26:48.800]  99.6.
[01:26:48.800 --> 01:26:54.800]  But then that turns out that number is skewed.
[01:26:54.800 --> 01:27:05.800]  Because there are about eight and a half million cases filed in criminal cases filed in Texas a year.
[01:27:05.800 --> 01:27:10.800]  6.6 million of those are tickets.
[01:27:10.800 --> 01:27:11.800]  Wow.
[01:27:11.800 --> 01:27:17.800]  And 73% of the people who get a ticket just pay it.
[01:27:17.800 --> 01:27:19.800]  27 don't.
[01:27:19.800 --> 01:27:28.800]  And then they're called in to appear before a prosecutor at an arraignment hearing.
[01:27:28.800 --> 01:27:34.800]  And then 99% of those people make a deal with the prosecutor.
[01:27:34.800 --> 01:27:39.800]  That's why the average conviction rate is so high.
[01:27:39.800 --> 01:27:41.800]  Yep.
[01:27:41.800 --> 01:27:47.800]  But also 27% object to the ticket.
[01:27:47.800 --> 01:27:53.800]  So we set up this website to play to that 27%.
[01:27:53.800 --> 01:27:59.800]  You go on this website and you can download 110 pages of documents.
[01:27:59.800 --> 01:28:04.800]  You don't have to know anything about the underlying law.
[01:28:04.800 --> 01:28:06.800]  What's the website?
[01:28:06.800 --> 01:28:10.800]  It's a traffic ticket dot website.
[01:28:10.800 --> 01:28:14.800]  F F I C ticket dot website.
[01:28:14.800 --> 01:28:15.800]  Yep.
[01:28:15.800 --> 01:28:18.800]  And it's okay.
[01:28:18.800 --> 01:28:25.800]  This is the point of the electronic lawyer that I've been working on all this time.
[01:28:25.800 --> 01:28:26.800]  I will take.
[01:28:26.800 --> 01:28:27.800]  Okay.
[01:28:27.800 --> 01:28:35.800]  In tickets, I went through everything we have come up with over the years to file in a traffic case.
[01:28:35.800 --> 01:28:43.800]  In Texas, I'm up to 110 pages and all the other states just doing the generic documents.
[01:28:43.800 --> 01:28:47.800]  I've got 90 something pages.
[01:28:47.800 --> 01:28:48.800]  Okay.
[01:28:48.800 --> 01:28:50.800]  This is just you just download and send them.
[01:28:50.800 --> 01:29:03.800]  It would cost them way more than the price of this of the ticket just to have a lawyer read these documents.
[01:29:03.800 --> 01:29:08.800]  There's no way they can make any money prosecuting this thing because it's going to cost them so much.
[01:29:08.800 --> 01:29:14.800]  Well, what's been happening is the courts have just been ignoring him.
[01:29:14.800 --> 01:29:24.800]  That'll work because when the court ignores them, that opens up a huge door that we can drive a semi truck through.
[01:29:24.800 --> 01:29:33.800]  And the secondary portions of the website are the place that contains the semi truck.
[01:29:33.800 --> 01:29:34.800]  Hang on.
[01:29:34.800 --> 01:29:35.800]  I'll pick this up on the other side.
[01:29:35.800 --> 01:29:36.800]  This is Randy Kalkin.
[01:29:36.800 --> 01:29:47.800]  The rule of law radio on this Friday, the 17th day of November, 2017, a calling number 512-646-1984.
[01:29:47.800 --> 01:30:02.800]  We'll be right back.
[01:30:02.800 --> 01:30:10.800]  A Virginia company has brainstormed a new idea to house aging relatives, a pre-fab cottage that fits in the backyard of a family's home.
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[01:30:16.800 --> 01:30:18.800]  Privacy is under attack.
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[01:30:28.800 --> 01:30:32.800]  Say no to surveillance and keep your information to yourself.
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[01:31:30.800 --> 01:31:36.800]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.800 --> 01:31:38.800]  The government says that fire brought it down.
[01:31:38.800 --> 01:31:43.800]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.800 --> 01:31:46.800]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.800 --> 01:31:49.800]  Thousands of my fellow first responders have died.
[01:31:49.800 --> 01:31:50.800]  I'm not a conspiracy theorist.
[01:31:50.800 --> 01:31:51.800]  I'm a structural engineer.
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[01:31:52.800 --> 01:31:53.800]  I'm an Air Force pilot.
[01:31:53.800 --> 01:31:55.800]  I'm a father who lost his son.
[01:31:55.800 --> 01:31:58.800]  We're Americans and we deserve the truth.
[01:31:58.800 --> 01:32:08.800]  Rememberbuilding7.org today.
[01:32:29.800 --> 01:32:33.800]  That's 512-992-8745.
[01:32:33.800 --> 01:32:35.800]  Or go to hillcountryhomeimprovements.com.
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[01:32:42.800 --> 01:32:47.800]  So if those out-of-town roofers come knocking, your door should be locked in.
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[01:33:00.800 --> 01:33:02.800]  Looking for some truth?
[01:33:02.800 --> 01:33:03.800]  You found it.
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[01:33:25.800 --> 01:33:26.800]  Okay.
[01:33:26.800 --> 01:33:27.800]  We are back.
[01:33:27.800 --> 01:33:28.800]  Randy Kelton.
[01:33:28.800 --> 01:33:34.800]  And we're talking to David in South Dakota.
[01:33:34.800 --> 01:33:35.800]  Okay.
[01:33:35.800 --> 01:33:44.800]  I've been talking about this traffic ticket or the electronic lawyer for 10 years now.
[01:33:44.800 --> 01:33:47.800]  But we actually have it coming together.
[01:33:47.800 --> 01:33:56.800]  And it's really becoming somewhat more profound than originally expected it to be.
[01:33:56.800 --> 01:34:01.800]  Because the user doesn't have to know anything about law.
[01:34:01.800 --> 01:34:04.800]  The system contains all the law.
[01:34:04.800 --> 01:34:07.800]  All they have to do is answer questions.
[01:34:07.800 --> 01:34:16.800]  So after all of these documents are mailed in, and you have this notice to appear.
[01:34:16.800 --> 01:34:22.800]  Some say you have to appear on a date and a time specific.
[01:34:22.800 --> 01:34:25.800]  The others say appear on or before.
[01:34:25.800 --> 01:34:27.800]  You appear on or before.
[01:34:27.800 --> 01:34:33.800]  You can be sure that a clerk will ask you for a plea.
[01:34:33.800 --> 01:34:36.800]  So we have the questionnaire.
[01:34:36.800 --> 01:34:41.800]  Did the traffic ticket say you must appear on or before a certain date?
[01:34:41.800 --> 01:34:43.800]  They say yes.
[01:34:43.800 --> 01:34:45.800]  Did you appear on that date?
[01:34:45.800 --> 01:34:47.800]  Yes.
[01:34:47.800 --> 01:34:50.800]  Did the clerk ask you for a plea?
[01:34:50.800 --> 01:34:52.800]  Yes.
[01:34:52.800 --> 01:35:06.800]  That triggers the system to produce a criminal complaint against the clerk under 37.11 Texas penal code impersonating a public official.
[01:35:06.800 --> 01:35:14.800]  Because when you signed that citation, you did not agree to appear before a clerk.
[01:35:14.800 --> 01:35:16.800]  Right.
[01:35:16.800 --> 01:35:23.800]  Neither did you agree to appear before a prosecutor or a judge.
[01:35:23.800 --> 01:35:26.800]  You agreed to appear before a magistrate.
[01:35:26.800 --> 01:35:28.800]  Magistrate.
[01:35:28.800 --> 01:35:29.800]  Yes.
[01:35:29.800 --> 01:35:34.800]  The clerk is impersonating a magistrate.
[01:35:34.800 --> 01:35:36.800]  And she's not a magistrate.
[01:35:36.800 --> 01:35:44.800]  I don't know of anything in law that authorizes the clerk to stand in the place of a magistrate.
[01:35:44.800 --> 01:35:50.800]  So we filed a criminal complaint against the clerk for impersonating a public official.
[01:35:50.800 --> 01:35:59.800]  And if you decide not to enter a plea and the clerk insists, then you charge her with an official question.
[01:35:59.800 --> 01:36:15.800]  You still don't file a plea and she calls one of the knuckle-dragging bailiffs over and he orders you to sign that to enter a plea.
[01:36:15.800 --> 01:36:18.800]  Then you file criminal conspiracy against both of them in official oppression against the bailiff.
[01:36:18.800 --> 01:36:27.800]  And if the bailiff then threatens you with any kind of repercussion, if you don't, then you charge him in first degree felony aggravated assault.
[01:36:27.800 --> 01:36:31.800]  Let's dance, guys.
[01:36:31.800 --> 01:36:37.800]  And the client doesn't need to know any of this stuff.
[01:36:37.800 --> 01:36:39.800]  That points me to another question.
[01:36:39.800 --> 01:36:43.800]  And then can I go ahead and ask it?
[01:36:43.800 --> 01:36:44.800]  Sure.
[01:36:44.800 --> 01:36:45.800]  Yeah.
[01:36:45.800 --> 01:36:56.800]  If you're in Texas and where you live is approached by a policeman, it's better to agree with him and do whatever he suggests
[01:36:56.800 --> 01:37:02.800]  and not put up any fight at all verbal or otherwise.
[01:37:02.800 --> 01:37:18.800]  And then once you're walking outside of his custody, then write down all the things that he's broken the law and start filing lawsuits, et cetera.
[01:37:18.800 --> 01:37:19.800]  Yeah.
[01:37:19.800 --> 01:37:23.800]  Now, Eddie may disagree with me.
[01:37:23.800 --> 01:37:30.800]  But it is my position that fair warning is for chumps.
[01:37:30.800 --> 01:37:41.800]  If you try to give fair warning by telling the policeman what your rights are and what his duties are, he will treat that as a threat.
[01:37:41.800 --> 01:37:47.800]  He will label you as agitated.
[01:37:47.800 --> 01:37:54.800]  So my perspective is that Bushwax must better.
[01:37:54.800 --> 01:37:55.800]  Okay.
[01:37:55.800 --> 01:37:57.800]  No clue.
[01:37:57.800 --> 01:37:58.800]  Yes, sir.
[01:37:58.800 --> 01:37:59.800]  Yes, sir.
[01:37:59.800 --> 01:38:01.800]  Whatever you say, sir.
[01:38:01.800 --> 01:38:08.800]  And then as soon as he gets done, then you land on him like a ton of bricks with the court.
[01:38:08.800 --> 01:38:09.800]  That's right.
[01:38:09.800 --> 01:38:17.800]  T close complaint, criminal complaint, criminal complaint, first degree felony aggravated assault.
[01:38:17.800 --> 01:38:22.800]  Say, we don't want him to see it coming.
[01:38:22.800 --> 01:38:25.800]  It's better if he's totally surprised by it.
[01:38:25.800 --> 01:38:30.800]  When the chief calls him in and asks him, what is all this about?
[01:38:30.800 --> 01:38:38.800]  He's going to say, huh, I don't know what you're talking about.
[01:38:38.800 --> 01:38:45.800]  So yeah, I suggest do not argue with that policeman out there on the street.
[01:38:45.800 --> 01:38:51.800]  Because actually he's armed and has been trained not to be a gentleman.
[01:38:51.800 --> 01:38:53.800]  He's been trained to be a warrior, hasn't he?
[01:38:53.800 --> 01:38:55.800]  Yes, he has.
[01:38:55.800 --> 01:39:01.800]  He's been trained to maintain absolute total control.
[01:39:01.800 --> 01:39:08.800]  So you want to be a gentleman to him and the public, but once you file that first lawsuit,
[01:39:08.800 --> 01:39:16.800]  you've got some immunity because then he's tampering with, you tell me what he's tampering with.
[01:39:16.800 --> 01:39:20.800]  He's tampering with the witness is what he's really tampering with.
[01:39:20.800 --> 01:39:21.800]  Exactly.
[01:39:21.800 --> 01:39:32.800]  If you get any disrespect or unprofessional behavior from the police officer, you know, I get two words from a cop.
[01:39:32.800 --> 01:39:39.800]  I don't like, you know, two words that I consider to be intended to threaten or intimidate.
[01:39:39.800 --> 01:39:44.800]  That gets a 911 call immediately.
[01:39:44.800 --> 01:39:53.800]  In this case, in my case, I'm in the county I live in, I was going to Tim's house who had just called.
[01:39:53.800 --> 01:40:04.800]  And I think they sent this deputy to intercept me because I actually followed him for five miles coming to the city of Newark where I was going.
[01:40:04.800 --> 01:40:11.800]  And he pulled off earlier and I went on the other side of Newark and came in and he was waiting for me when I came back.
[01:40:11.800 --> 01:40:16.800]  So I think the city knew I was coming and I think they sent him out there to intercept me.
[01:40:16.800 --> 01:40:26.800]  So he pulled me over and he said, he asked me for my license and proof of insurance and I gave it to him and he looked at my license.
[01:40:26.800 --> 01:40:29.800]  He said, Mr. Kelkin, do you know why I stopped you?
[01:40:29.800 --> 01:40:31.800]  I said, no, but I'm sure you're going to tell me.
[01:40:31.800 --> 01:40:34.800]  He said, your registration is expired.
[01:40:34.800 --> 01:40:40.800]  I said, only two years, what's the problem?
[01:40:40.800 --> 01:40:43.800]  He went back to write the ticket.
[01:40:43.800 --> 01:40:46.800]  I dialed 911.
[01:40:46.800 --> 01:40:48.800]  Okay.
[01:40:48.800 --> 01:40:56.800]  I'm sure he got a call from the dispatcher saying, why is this guy calling 911 on you?
[01:40:56.800 --> 01:41:02.800]  Now, his problem is, is he can't ask me?
[01:41:02.800 --> 01:41:05.800]  He doesn't dare.
[01:41:05.800 --> 01:41:13.800]  Because I've already got a 911 call recording accusing him of first degree felony aggravated assault.
[01:41:13.800 --> 01:41:19.800]  He said, see, to me, it comes up retaliation witness tampering.
[01:41:19.800 --> 01:41:29.800]  They sent out another deputy, actually two more, a cop from another municipality showed up.
[01:41:29.800 --> 01:41:34.800]  They always get reinforcements when anything happens.
[01:41:34.800 --> 01:41:39.800]  And another sheriff's deputy came up and he's talking to me to the passenger's window.
[01:41:39.800 --> 01:41:46.800]  And he told me that I could be charged with making a false 911 call because it wasn't an emergency.
[01:41:46.800 --> 01:41:48.800]  I said, say what?
[01:41:48.800 --> 01:41:56.800]  You're saying first degree felony aggravated assault is not an emergency?
[01:41:56.800 --> 01:41:59.800]  The look on his face was priceless.
[01:41:59.800 --> 01:42:04.800]  He's standing there with his mouth hanging open trying to figure out how to answer that one.
[01:42:04.800 --> 01:42:08.800]  And the cop came up and said, he is furious, so furious he's shaking.
[01:42:08.800 --> 01:42:10.800]  He's signed right here.
[01:42:10.800 --> 01:42:13.800]  I reach up and take his pen and I get the ticket.
[01:42:13.800 --> 01:42:18.800]  I'm talking to this other cop and I signed it and I handed the ticket back with him off the pen.
[01:42:18.800 --> 01:42:23.800]  So I'm talking to this other cop and he says, give me my pen back.
[01:42:23.800 --> 01:42:32.800]  Oh, oh, this, okay, and I handed it to him and I turned to the other cop and said, darn, I knew you got away with that.
[01:42:32.800 --> 01:42:34.800]  So I'm not angry.
[01:42:34.800 --> 01:42:35.800]  I'm not frustrated.
[01:42:35.800 --> 01:42:39.800]  I am definitely not agitated.
[01:42:39.800 --> 01:42:40.800]  Right.
[01:42:40.800 --> 01:42:44.800]  You don't want them to have any reason to think that you're agitated.
[01:42:44.800 --> 01:42:45.800]  Exactly.
[01:42:45.800 --> 01:42:48.800]  And that's, I didn't give him legal advice.
[01:42:48.800 --> 01:42:50.800]  I bushwacked him instead.
[01:42:50.800 --> 01:42:59.800]  Now, I don't suggest that people who are not well versed in this and not comfortable in doing this.
[01:42:59.800 --> 01:43:09.800]  I don't suggest that you call 911 on a police officer unless you have a concern that he's out of control.
[01:43:09.800 --> 01:43:10.800]  Right.
[01:43:10.800 --> 01:43:15.800]  If a cop looks like he looks like he's out of control, I'm going to call 911 immediately.
[01:43:15.800 --> 01:43:21.800]  If a cop keeps his hand on his pistol, I'm going to call 911.
[01:43:21.800 --> 01:43:25.800]  I was in Bowie, Texas and had a policeman.
[01:43:25.800 --> 01:43:33.800]  I was up on top of a building and I had been in a convenience store and got something to drink and came down to this.
[01:43:33.800 --> 01:43:37.800]  There was a chicken place and I was converting it to a donut shop.
[01:43:37.800 --> 01:43:45.800]  It was set out in the front of a big strip mall right out by the road so the big parking lot behind me and I parked my avalanche out there and had a brand new avalanche.
[01:43:45.800 --> 01:43:46.800]  It's when they first came out.
[01:43:46.800 --> 01:43:55.800]  Apparently a woman worked at the convenience store and then came and went in the grocery store and come out and saw my avalanche out there and she thought I had followed her.
[01:43:55.800 --> 01:43:57.800]  Hang on, I picked this up when we come back.
[01:43:57.800 --> 01:43:59.800]  We'll be right back.
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[01:46:20.800 --> 01:46:32.800]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to David in South Dakota.
[01:46:32.800 --> 01:46:34.800]  Yes, sir.
[01:46:34.800 --> 01:46:53.800]  Where was that? Oh, yeah. The officer, she called the police because she thought I was following her, and that wasn't unreasonable. It was an odd vehicle, and so it's easy to notice, and it's sitting out in an odd place in the parking lot.
[01:46:53.800 --> 01:47:04.800]  So a policeman came to the door to the attic, and I'm up on the roof, and he wants me to come down and talk to him. I said, well, I'm kind of busy. If you want to talk, come on up.
[01:47:04.800 --> 01:47:14.800]  And he got real insistent. I was building this for some Korean guys, and so I didn't want to get my clients all excited, so I came down.
[01:47:14.800 --> 01:47:23.800]  And he figures out that, you know, I have a legitimate reason to be here, and the woman was unnecessarily frightened.
[01:47:23.800 --> 01:47:32.800]  But then he still questioned me. I said, go away, I'm busy. And he's insisting I ask the answers questions. He's got his hand on his pistol.
[01:47:32.800 --> 01:47:47.800]  And I told him, you need to get your hand off that pistol. I feel threatened. I'll keep my hand on my pistol if I want to. And I reached in the car to get my cell phone, and he ordered me not to.
[01:47:47.800 --> 01:48:03.800]  I said, screw you. I pulled out my cell phone, doll 911. Got the dispatcher and told the dispatcher that I have this Bowie police officer here, and he is terrified.
[01:48:03.800 --> 01:48:10.800]  He's standing here with his hand on his pistol, and his knees are shaking. I'm afraid he's going to wet his drawers. He's so afraid of me.
[01:48:10.800 --> 01:48:18.800]  But I'm also concerned he's going to pull that pistol and shoot me. Can you get someone out here to get this guy under control?
[01:48:18.800 --> 01:48:26.800]  And he's standing there looking at me like, I don't believe you just said that to my dispatcher.
[01:48:26.800 --> 01:48:31.800]  The question I found here is what he was thinking. What the heck did I found?
[01:48:31.800 --> 01:48:47.800]  Now he knows that's recorded. And everybody in the department is going to hear that tape, probably. He'll probably hear that tape for the rest of his time on the force.
[01:48:47.800 --> 01:48:52.800]  But he calmed him down. He got his hand off his pistol.
[01:48:52.800 --> 01:49:02.800]  I don't suggest you call 911 unless you have to. But if the officer is agitated, just take out your phone down 911.
[01:49:02.800 --> 01:49:08.800]  It's always best if you have your phone in your hand when you get pulled over.
[01:49:08.800 --> 01:49:28.800]  And best if you have a recording app where you record even better is to stream. The next project to follow this electronic lawyer is an emergency app that I'm in the process of denying.
[01:49:28.800 --> 01:49:48.800]  And what got me to do it is I almost had a wreck where I was going up the interstate. And someone, it was just after dark, just about 738 o'clock, just got dusky dark.
[01:49:48.800 --> 01:50:01.800]  And someone had pulled a flatbed trailer across the highway, was trying to turn left, but didn't have an opening to get in and he didn't have his lights on.
[01:50:01.800 --> 01:50:14.800]  And I'm climbing up a hill and all of a sudden a flatbed trailer appeared about 100 yards in front of me and I'm doing 70 miles an hour and it covers the whole roadway.
[01:50:14.800 --> 01:50:23.800]  I was talking to someone on the phone at the time and just through the phone and jerked the wheel. I barely missed it.
[01:50:23.800 --> 01:50:35.800]  And I jerked the wheel. Just my rearview mirror almost hit the corner of the trailer and just as I passed it, I heard this other guy's tires light up and he t-boned it big time.
[01:50:35.800 --> 01:50:53.800]  Well, I thought about that. I need an app so that if my phone takes a big jar, like if I had hit something, I wouldn't want my phone to go off.
[01:50:53.800 --> 01:51:19.800]  And so I'm designing this app so that if you get in an accident and your cell phone experiences more than a 2.9G impact force, it'll automatically call this app and the app will contact a living human being.
[01:51:19.800 --> 01:51:35.800]  And they'll say, you know, your phone experienced an impact, is there a problem? And if you say no, there's not a problem, she's going to call 911.
[01:51:35.800 --> 01:51:49.800]  If you say anything other than the code word you've programmed into it, it's going to call 911. It's going to ping your GPS and it's going to turn on recording.
[01:51:49.800 --> 01:52:00.800]  If you like a cell security then, you could, if someone was attacking you personally, you could drop that phone and it'd automatically dial for you.
[01:52:00.800 --> 01:52:11.800]  Exactly. And if they, it comes on and says, is there a problem? If they pick it up and said, oh no, everything's okay, it's going to ping and call 911.
[01:52:11.800 --> 01:52:21.800]  If you give it the key word, say the lights come on behind you, you pick up your phone and shake it. You don't have to look for an app.
[01:52:21.800 --> 01:52:31.800]  Just shake it or bang it on the steering wheel and it'll pop on and say, is there a problem? And you give it the key word and then say, I need a lawyer.
[01:52:31.800 --> 01:52:45.800]  They'll contact a lawyer that we have that have agreed to take these calls and when the policeman comes up to the door and asks you for your license and proof of insurance, say here, talk to my lawyer.
[01:52:45.800 --> 01:52:54.800]  There you go. I'm going to have a lot of fun with that app. That's coming next.
[01:52:54.800 --> 01:53:14.800]  But the electronic lawyer, if we start using this at the traffic level and we start hitting these public officials on every teensy, teensy little violation of law.
[01:53:14.800 --> 01:53:23.800]  We take close to policemen every time he steps a half inch across the legal line. We file criminal charges against him and take close complaint.
[01:53:23.800 --> 01:53:27.800]  Take close complaints of putting him out of business.
[01:53:27.800 --> 01:53:30.800]  He gets too many of those. He can't be bonded.
[01:53:30.800 --> 01:53:48.800]  You know, Randy, we need to change some of the hiring practices. They say now if you haven't, IQ of 90 or above, they won't even interview you for a job on the police force. They want you with a 90 IQ or less. That's what I would.
[01:53:48.800 --> 01:53:51.800]  Well, we're going to fix that.
[01:53:51.800 --> 01:54:02.800]  We get some people that can think on their feet. We won't be having all these unreasonable killings on the streets.
[01:54:02.800 --> 01:54:16.800]  Right. And we won't have as much anger against the police. This tool will empower the individual. So if they have an encounter with a police officer, they go to this site.
[01:54:16.800 --> 01:54:27.800]  Now, right now I've designed it for tickets because we've got 6.6 million a year and we start flooding these jurisdictions with these documents.
[01:54:27.800 --> 01:54:34.800]  And then when they don't respond to the documents, we come right back and hammer them professionally.
[01:54:34.800 --> 01:54:40.800]  These guys are going to say, holy mackerel, we got to do something guys.
[01:54:40.800 --> 01:54:49.800]  We got to start following law. We got a case in near Houston where a guy filed the documents. The judge ignored him.
[01:54:49.800 --> 01:54:58.800]  He filed criminal charges against the judge, filed judicial conduct complaints against the judge, mainly that he demanded an examining trial.
[01:54:58.800 --> 01:55:06.800]  And he signed the ticket agreeing to appear before a magistrate. The only thing a magistrate can do is hold an examining trial.
[01:55:06.800 --> 01:55:16.800]  And the judge didn't hold one. So this kid had another ticket that he didn't pay and had a warrant out. He gets picked up on that warrant.
[01:55:16.800 --> 01:55:26.800]  They take him to this same judge and the judge convened a hearing and he said, this is an examining trial.
[01:55:26.800 --> 01:55:40.800]  And he held one, dismissed the charge against the kid. The guy behind him, he was talking to before the court started, brought him up, dismissed his.
[01:55:40.800 --> 01:55:50.800]  This is how it was supposed to work. And this is what I think happened. The kid filed against the judge. The judge just ignored everything.
[01:55:50.800 --> 01:56:04.800]  The kid filed a judicial conduct complaint against him. And the guy went to the prosecutor and said, okay, this guy is saying that I'm supposed to give him an examining trial.
[01:56:04.800 --> 01:56:14.800]  Show me where I don't have to. And he brought up, forget the name of it right now. There's two primary cases. Gray is one of them.
[01:56:14.800 --> 01:56:20.800]  And for some reason I keep losing the other one. I'm thinking Troy or something like that.
[01:56:20.800 --> 01:56:36.800]  But the main one says that 16.01, Texas Code of Criminal Procedure says that a person has a right to an examining trial before indictment.
[01:56:36.800 --> 01:56:49.800]  And they're saying because 16.01 grants the right to an examining trial before indictment, a magistrate can only hold an examining trial in a felony case.
[01:56:49.800 --> 01:56:57.800]  I'm sorry, it says you have a right in a case of a felony, you have a right to an examining trial before indictment.
[01:56:57.800 --> 01:57:06.800]  Okay, so I went before a court in Highland Park and I said, you know, he asked me for a plea and I said, I'm not here to plea.
[01:57:06.800 --> 01:57:17.800]  I'm here to have an examining trial. And he said, well, Mr. Kelton, this is a misdemeanor. You don't have a right to an examining trial in a misdemeanor.
[01:57:17.800 --> 01:57:21.800]  And I said, so what? What does that have to do with anything?
[01:57:21.800 --> 01:57:29.800]  He said, well, Mr. Kelton, if you don't have a right to it, I can't hold it. Where'd you come up with that? Did you just make that up?
[01:57:29.800 --> 01:57:35.800]  And he's confused. He said, Mr. Kelton, I don't understand what you're talking about.
[01:57:35.800 --> 01:57:41.800]  I said, well, you'll probably be right. I don't have a right to an examining trial.
[01:57:41.800 --> 01:57:49.800]  But then when I get arrested, I don't have a right to be handcuffed either or to be transported to the jail or all these other things.
[01:57:49.800 --> 01:57:53.800]  But the law commands you to do these things.
[01:57:53.800 --> 01:58:02.800]  14.03 commands the officer who makes an arrest without a warrant to take that person directly to the nearest magistrate.
[01:58:02.800 --> 01:58:07.800]  14.06 commands that magistrate to hold an examining trial under Chapter 16.
[01:58:07.800 --> 01:58:12.800]  That's due process. And I do have a right to due process.
[01:58:12.800 --> 01:58:22.800]  And the judge actually told me he had his own practice and he's trying to get his clients examining trials and the judges won't grant him.
[01:58:22.800 --> 01:58:27.800]  He said, I can use this argument.
[01:58:27.800 --> 01:58:37.800]  We get the right argument in front of them. And when we bang them for not following law, they try to get the prosecutor to bail them out and they don't have anything to bail them out with.
[01:58:37.800 --> 01:58:42.800]  Hang on, Randy Kelton, we'll be right back.
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