[00:00.000 --> 00:05.720]  The following use flash is brought to you by the Low Star Lowdown, providing the jelly
[00:05.720 --> 00:13.440]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.440 --> 00:21.320]  into the tides of the alternative.
[00:21.320 --> 00:27.760]  Markets for Wednesday to 6th of December, 2017, closed with gold at $1,263.31 pounds,
[00:27.760 --> 00:36.080]  over $15.95 pounds, Texas Crude, $57.62 a barrel, Bitcoin is at an all-time high, $13,670
[00:36.080 --> 00:43.480]  U.S. currency, and Dashcoin is about $715 U.S. fiat.
[00:43.480 --> 00:50.480]  Today in history, the year 1897, London becomes the world's first city to host licensed taxicabs.
[00:50.480 --> 00:53.520]  Today in history.
[00:53.520 --> 00:57.120]  In recent news, President Trump said from the diplomatic reception room of the White House
[00:57.120 --> 01:00.880]  earlier today that the United States will formally recognize Jerusalem as the capital
[01:00.880 --> 01:05.200]  of Israel, with announcing preparations to move the United States embassy from Tel Aviv
[01:05.200 --> 01:06.760]  to the city of God.
[01:06.760 --> 01:11.760]  Trump stated that, quote, today we finally acknowledge the obvious that Jerusalem is Israel's capital.
[01:11.760 --> 01:14.920]  This is nothing more or less than a recognition of reality.
[01:14.920 --> 01:18.640]  It is also the right thing to do, something that has to be done.
[01:18.640 --> 01:22.880]  Everyone from Pope Francis, the Chinese Foreign Minister, and European leaders have voiced
[01:22.880 --> 01:25.520]  their concerns with this decision from President Trump.
[01:25.520 --> 01:29.760]  Federica Morgani, high representative of the European Union for an affairs and security
[01:29.760 --> 01:34.600]  policy, made clear that Europe saw the President's decision as a threat to peace in the Middle
[01:34.600 --> 01:35.600]  East.
[01:35.600 --> 01:39.600]  Stating that, quote, we believe that any action that would undermine these efforts must absolutely
[01:39.600 --> 01:40.600]  be avoided.
[01:40.600 --> 01:45.120]  A way must be found through negotiations to resolve the status of Jerusalem as a future
[01:45.120 --> 01:46.840]  capital of both states.
[01:46.840 --> 01:50.560]  Former director of the CIA under the Obama administration, John O'Brennan, released a
[01:50.560 --> 01:54.760]  statement saying that President Trump's words were reckless and would damage U.S. interest
[01:54.760 --> 01:58.480]  in the Middle East for years to come would make the region more volatile.
[01:58.480 --> 02:03.000]  It is yet unclear whether the President has any legitimate reason for making this statement,
[02:03.000 --> 02:12.400]  other than an act to appeal to his evangelical and pro-Israel voting base.
[02:12.400 --> 02:16.640]  Nearly 50 mayors from across the United States concluded a climate change summit in Chicago
[02:16.640 --> 02:21.720]  today where a formal agreement to reduce greenhouse emissions in their cities was signed by the
[02:21.720 --> 02:22.720]  attending mayors.
[02:22.720 --> 02:25.600]  It was an act of defiance considering the Trump administration's recent decision to
[02:25.600 --> 02:28.240]  back the U.S. out of the Paris climate agreement.
[02:28.240 --> 02:32.080]  No surprise, former President Barack Obama was also attending and even spoke at the
[02:32.080 --> 02:36.920]  summit, telling attendees that they are America's new front line leaders on climate change.
[02:36.920 --> 02:40.840]  Mayors from cities in Mexico and Canada joined their U.S. counterparts in committing to
[02:40.840 --> 02:42.640]  reduce carbon emissions.
[02:42.640 --> 02:46.600]  Vancouver Mayor Gregor Robertson said in a statement that we stand shoulder to shoulder
[02:46.600 --> 02:53.600]  with all of the U.S. cities and mayors that are committed to be Paris agreement.
[02:53.600 --> 03:11.600]  This was Rick Brody with your low down for December 6, 2017.
[03:11.600 --> 03:29.600]  This is Rick Brody with your low down for December 6, 2017.
[03:29.600 --> 03:32.600]  What you gonna do when they come for you?
[03:32.600 --> 03:35.600]  Bad boys, bad boys, what you gonna do?
[03:35.600 --> 03:37.600]  What you gonna do when they come for you?
[03:37.600 --> 03:40.600]  When you were eight and you had bad traits
[03:40.600 --> 03:43.600]  You go to school and learn to go, they don't lose
[03:43.600 --> 03:46.600]  So why are you acting like a bloody fool?
[03:46.600 --> 03:48.600]  If you get hot then you're just cool
[03:48.600 --> 03:51.600]  Bad boys, bad boys, what you gonna do?
[03:51.600 --> 03:54.600]  What you gonna do when they come for you?
[03:54.600 --> 03:57.600]  Bad boys, bad boys, what you gonna do?
[03:57.600 --> 03:59.600]  What you gonna do when they come for you?
[03:59.600 --> 04:03.600]  Bad boys, bad boys, what you gonna do?
[04:03.600 --> 04:09.600]  Bad boys, bad boys, what you gonna do?
[04:09.600 --> 04:13.600]  Bad boys, bad boys, what you gonna do?
[04:13.600 --> 04:16.600]  What you gonna do when they come for you?
[04:16.600 --> 04:20.600]  Bad boys, bad boys, what you gonna do?
[04:20.600 --> 04:24.600]  Bad boys, bad boys, what you gonna do?
[04:54.600 --> 05:00.200]  Bad boy, bad boy, what you gonna do, what you gonna do when you come for you?
[05:00.200 --> 05:06.600]  Bad boy, bad boy, what you gonna do, what you gonna do when you come for you?
[05:09.240 --> 05:17.240]  Okay, howdy, howdy, Randy Kalkindar, but Stevens, what show is this?
[05:17.240 --> 05:27.240]  Oh, Root of Law Radio, on this, the 14th day of December 2017, do I sound distracted?
[05:27.240 --> 05:36.840]  I could sound distracted. I am pretty excited. I have the litigation engine up and working.
[05:36.840 --> 05:44.360]  The electronic lawyer, I've come to call it the electronic paralegal, because electronic
[05:44.360 --> 05:49.640]  lawyer skews all the lawyers out there, and we don't want to give an alert them to what we're
[05:49.640 --> 05:57.240]  actually doing with this tool, is that we are preparing to eliminate the profession of lawyer
[05:57.800 --> 06:05.640]  and get lawyers to pay us to do it. And the tool is up and working. I am in the process of
[06:05.640 --> 06:15.400]  preparing content to load onto the page. And once I got the software up and working,
[06:16.440 --> 06:27.000]  it turned out that the system is more complex than I realized even though I created it,
[06:27.000 --> 06:32.360]  if that makes any sense. Once I got it up and working the way that I wanted it to,
[06:32.360 --> 06:40.600]  now I'm trying to load content in it, and it is placing requirements on me that I didn't
[06:41.240 --> 06:44.920]  expect in order for everything I'm doing to be
[06:48.840 --> 06:55.400]  something that was consistent and makes sense to people and that I could train people to
[06:55.400 --> 07:05.160]  create the pieces of the information that I need, I can't explain to somebody how to do all of it.
[07:06.760 --> 07:10.920]  That's because I've been doing this for 10 years, and I've got it all in my head, and it's relatively
[07:10.920 --> 07:16.920]  straightforward for me, but when I try to explain it to other people to get this glassy-eyed look,
[07:16.920 --> 07:25.640]  and I obviously lose them in the first 10 minutes, so I'm struggling with a way to
[07:26.680 --> 07:37.000]  break this down into pieces so that I can get people to do one piece at a time and construct
[07:37.000 --> 07:43.160]  all these layers. But it's a struggle, but it's beginning to come together, and I'm beginning to
[07:43.160 --> 07:48.440]  get the method for loading all of this information, and the more I look at it,
[07:49.480 --> 07:56.920]  the more excited I get about it. You know, if you've been listening to show for a long time,
[07:56.920 --> 08:03.800]  you've heard me talk about developing a tool that would eliminate the profession of
[08:03.800 --> 08:11.080]  lawyer and get lawyers to pay us to do it. The more I look at the software once it's up and working,
[08:11.080 --> 08:20.120]  the more clear that's exactly what this is going to do. You're at the cusp, but you're going to
[08:20.120 --> 08:27.960]  be able to say, I was there when all this started. I was there when the paradigm changed, because
[08:27.960 --> 08:36.840]  this will change the paradigm dramatically. Lawyers will have to use it, because if one
[08:36.840 --> 08:42.040]  lawyer is not using it, and another one is, the one that is using it will wipe the floor
[08:42.040 --> 08:49.880]  with the one that's not. So they have to use it, even if they realize that in using it,
[08:51.000 --> 08:58.760]  they will make it possible for a non-lawyer to come to the table with the same expertise as the
[08:58.760 --> 09:07.800]  lawyer. And it is coming together very nicely. It's just that loading the content turns out to
[09:07.800 --> 09:15.640]  be a massive job, but I'm making headway on it. And I'm hoping that within about three weeks,
[09:16.520 --> 09:21.480]  I will have some serious tools up and online that people can start using.
[09:21.480 --> 09:29.320]  Okay, enough said about that. Now we're going to go to Jeff in Mississippi. Hello, Jeff.
[09:29.960 --> 09:35.320]  What are you up to? Oh, hold on. Before I do that, the phone lines are open.
[09:36.440 --> 09:43.560]  The call in number 512-646-1984. If you have a question or comment, give us a call.
[09:44.760 --> 09:47.640]  Okay, we're going to Jeff in Mississippi. Hello, Jeff.
[09:47.640 --> 09:57.160]  Hello, Randy. Am I coming through? Yes, you are. Oh, okay. Great. I downloaded,
[09:58.040 --> 10:06.920]  you had sent me a template for challenging jurisdiction on a traffic ticket. I'm a truck
[10:06.920 --> 10:17.960]  driver and I got a scale ticket. So I have downloaded that. When I send the challenge of
[10:17.960 --> 10:27.640]  jurisdiction, do I want to put down the reason why as pertaining to my case of traveling, I was empty?
[10:27.640 --> 10:37.400]  Yes, you were not engaged in commerce. So even though you are a professional driver
[10:38.520 --> 10:47.880]  and you were driving a vehicle that was specifically designed for commercial driving,
[10:47.880 --> 10:59.960]  at the time you were not commercially driving. So the documentation is appropriate. However,
[10:59.960 --> 11:07.560]  you're applying this to Missouri. So what I haven't done and one of the things I'm trying to get
[11:07.560 --> 11:22.360]  at some people employed and in place to do is vet out all the states. From other shows you've
[11:22.360 --> 11:29.720]  called in, you were filing this in Missouri, is that correct? Yes, Missouri. So my primary
[11:29.720 --> 11:37.320]  documentation at this point was designed for Texas and I've got Texas pretty well structured
[11:37.320 --> 11:48.600]  out. Now I'm going to try to develop other states. Okay, hold on, Jeff. I've got someone online that
[11:48.600 --> 11:56.520]  is, I happen to know he's in jail. So he only has 15 minutes. If you'll hang on, I'm going to go to
[11:56.520 --> 12:08.680]  Olivier in Tennessee. Hello, Olivier. Hey, Randy. This state is a problem, man. A brother
[12:08.680 --> 12:19.160]  contacted me today and told me that the field support denied my request for another council to
[12:19.160 --> 12:26.600]  be put on my appeal because the council that I have on my appeal was insufficient and I don't
[12:26.600 --> 12:32.600]  believe that he was going to raise insufficient argument on being an insubstantial council
[12:33.560 --> 12:44.280]  on his own, on his own account because of what he did. And I filed a motion which they
[12:44.280 --> 12:53.720]  refused the motions that they refused to argue on my behalf in those documents so they could see
[12:53.720 --> 13:01.240]  what the issues were and why he was insufficient. What I'm understanding from my brother is they
[13:01.240 --> 13:11.000]  turned around and told, they denied my request for the council that I wanted and they said that
[13:11.000 --> 13:18.440]  they appointed Edward the Word, the one who was insufficient in representing me and the one who
[13:18.440 --> 13:27.800]  won't argue my constitutional argument as the council on the appeal. Okay, Olivier, I talked to
[13:27.800 --> 13:35.880]  your brother and suggested that your brother petition the court to ask you to petition the court
[13:35.880 --> 13:45.880]  for findings of fact and conclusions at law. They're saying that a pro se when he hires council
[13:47.000 --> 13:55.160]  has to do whatever council says. The American Bar Association model standards doesn't say
[13:55.160 --> 14:02.680]  any such thing. It says that the lawyer must do what the client commands him to do.
[14:02.680 --> 14:08.360]  So ask the court to show findings of fact and conclusions at law. Where did you
[14:08.360 --> 14:16.040]  get this stuff? Did you guys just make this up? This is ground then from here you need to appeal
[14:16.040 --> 14:33.320]  this issue to the Tennessee Supreme. They also said that we don't have the right to
[14:33.320 --> 14:45.800]  counsel a choice given my brother. Okay, that's constitutional. That's why I ask why you need
[14:45.800 --> 14:51.960]  to ask for findings of fact and conclusions at law. Where do they get that you don't have
[14:52.920 --> 14:59.720]  a right to counsel a choice? They're calling you pro se. That just means you're a private person
[14:59.720 --> 15:06.840]  and the Constitution applies to a private person and it says you have a right to counsel a choice.
[15:08.040 --> 15:13.880]  They're not saying indigent. I would have thought they would have said someone who's indigent
[15:13.880 --> 15:21.880]  and who's receiving counsel on the state dime may have lesser options, but that would go against
[15:21.880 --> 15:29.000]  the intent of the Constitution just because your poor doesn't mean that your rights can be curtailed
[15:29.000 --> 15:37.160]  and that's exactly what in this case, I'm sorry, they're saying that if you're not a lawyer you
[15:37.160 --> 15:43.160]  don't have any rights. If you're not a lawyer you can't express your rights before the court. Only a
[15:43.160 --> 15:49.880]  lawyer can't express your rights before the court. Where do they get that stuff? Did they just make
[15:49.880 --> 16:11.000]  that up? Yes. Send me the link. I need to be able to read that because this appears to directly
[16:11.000 --> 16:21.560]  go against Constitution and if case does say that then it needs a constitutional challenge.
[16:41.320 --> 16:51.400]  Okay, go ahead. Keep going. We're going to skip the break so you can keep talking.
[16:51.400 --> 16:59.880]  My my my perception about this is that if they're unlawful and they're going to deny
[16:59.880 --> 17:06.280]  me confiring him or if they do fire him they're going to tell us that finally told me that I'm
[17:06.280 --> 17:13.080]  going to have to represent myself and representing yourself can't be any worse than what you've had.
[17:15.240 --> 17:20.520]  Right, but when it comes to filing an appeal it's going to be very difficult for me to file
[17:20.520 --> 17:27.480]  appeals from all the rules that they have and me being in jail. Okay, I can help you with that.
[17:30.440 --> 17:37.160]  I'm not in jail and I have a document almost finished I'm just having trouble getting all
[17:37.160 --> 17:43.240]  the information I need that will go after these guys after these guys pretty big time but I
[17:43.240 --> 17:51.480]  the case on which you are now in jail that's one I haven't been working on but if you need
[17:51.480 --> 17:58.920]  an appeal on that one all I need is all the documentation. I can construct it from here
[17:58.920 --> 18:09.560]  and then send it to you and you can file it. Tell all those people in the background to hush
[18:09.560 --> 18:22.440]  during the phone ear. That's impossible. Yeah, well I don't understand it because I'm not getting
[18:23.080 --> 18:28.200]  they had to be I thought it was checks and balances and what I'm not understanding out of
[18:30.040 --> 18:38.520]  okay the system is corrupt and you're in jail and they feel like your impotence you can't do
[18:38.520 --> 18:45.880]  anything they do anything they want to to you. It's just the way the system is and we have to fight it.
[18:49.640 --> 18:56.200]  We have to fight it with paperwork that doesn't do it? Yes, this with paperwork that's the only way
[18:56.200 --> 19:02.680]  to fight them. You can't go out and beat them up they got guns and they got nightsticks and they
[19:02.680 --> 19:09.080]  got numbers. We have to fight them with paperwork and with politics.
[19:09.080 --> 19:15.720]  Well if they're restricting the paperwork well what's the name? The appeals I mean
[19:17.080 --> 19:21.640]  every application that has made it to the Supreme Court that I found Dave reduced to here
[19:23.320 --> 19:28.040]  basically is fighting with the appeal court with the appeal court.
[19:29.640 --> 19:32.440]  Wait a minute you're getting so much noise we can't understand.
[19:32.440 --> 19:41.080]  I said everything that I'm petitioned to the Supreme Court in this state they've
[19:41.080 --> 19:51.240]  refused to hear. I know that. I know that. I know this is difficult because you're incarcerated
[19:51.240 --> 19:58.760]  right now but this once you're in jail the cards are stacked against you until you get out.
[19:58.760 --> 20:03.960]  Once you get out then you can go back after them. This is something that needs to be taken
[20:03.960 --> 20:09.480]  to the federal court because these are all federal violations.
[20:10.600 --> 20:13.720]  They are absolutely ignoring federal constitution.
[20:13.720 --> 20:24.840]  There's no magic bullet you know this is it's a problem we've always had the system is unfair.
[20:28.680 --> 20:32.920]  There is no magic way to make corrupt officials stop being corrupt.
[20:37.080 --> 20:41.800]  Get out and you can go after them both criminally and I suggest you go after the
[20:41.800 --> 20:44.040]  appellate court charges criminal.
[20:48.840 --> 20:50.360]  We can't get you to get out.
[21:00.760 --> 21:04.600]  I've been trying to tell you how to do that for a long time and you never did.
[21:04.600 --> 21:12.120]  They don't have any reason not to screw you every way from Sunday.
[21:13.720 --> 21:20.520]  They don't have anything at risk. The document I'm writing right now I'm going after Judge Hicks
[21:20.520 --> 21:25.480]  the one who convicted you on the last traffic issue. I'm going after him criminally.
[21:27.320 --> 21:33.880]  What he did was a crime. He needs to answer to a grand jury for it and that puts him at
[21:33.880 --> 21:36.200]  personal professional risk.
[21:39.640 --> 21:44.520]  If you don't take them to task on their bad behavior they'll just keep doing bad behavior.
[21:44.520 --> 21:45.720]  They have no reason not to.
[21:50.360 --> 21:56.360]  What worse could they possibly do? They have done the worst they possibly can.
[21:56.360 --> 22:03.720]  So filing criminal charges against them ain't going to make it any worse.
[22:06.200 --> 22:07.720]  Thank you for using GTL.
[22:10.920 --> 22:19.160]  Okay. This is Olivier in Tennessee and he was taking him on on traffic.
[22:20.120 --> 22:25.720]  The issue he's in jail for is not a traffic issue. It's an issue before he got into all
[22:25.720 --> 22:34.760]  the traffic issues where the police had stalked him and he just drove away. It was a bad idea
[22:34.760 --> 22:42.840]  and we all make mistakes sometimes. But the courts in Tennessee have just totally ignored
[22:42.840 --> 22:52.120]  everything and the traffic part we're going to get taken care of. This felony conviction he's got
[22:52.120 --> 22:57.080]  there's not much we can do about that until he gets out. I know he's frustrated and it kind of
[22:57.080 --> 23:03.640]  makes me crazy that I can't help him much. But once he gets out then there's a lot we can do.
[23:04.360 --> 23:09.000]  Okay. Let's go back to Jeff in Mississippi. Okay Jeff.
[23:11.320 --> 23:14.920]  Okay Randy. Well that brought back memories of my Mississippi pen.
[23:16.440 --> 23:17.800]  Does it sound familiar?
[23:17.800 --> 23:24.360]  It sounded. I think those are the same guys I was in the zone with all playing cards and
[23:24.360 --> 23:33.640]  hollering at the TV. Well and since you've been out you have been hammering them how many years?
[23:35.720 --> 23:38.040]  I've been hammering them for five years.
[23:39.640 --> 23:45.000]  So they did what they did and now he's been taking them to task for the next five years.
[23:45.000 --> 23:50.520]  If we're going to get this stuff stopped we're just going to have to go after them
[23:51.080 --> 23:57.800]  and not lay down and roll over for them and eventually we will start making headway.
[23:58.920 --> 24:07.720]  And this tool I'm building should be helpful in that regard. I was frustrated with Olivier
[24:07.720 --> 24:16.440]  because early on I couldn't get him to start filing criminal charges. It's like he was afraid to go
[24:16.440 --> 24:33.160]  that route. Okay. Okay. I don't see him on there he is. Okay. Okay. I see him. Okay. Hang on Jeff.
[24:33.160 --> 24:46.520]  Let's go back to Olivier. Okay. I don't live here. Okay. We're back. Yes. Okay. Tomorrow I've got this here. Can he restrict me from buying this attorney?
[24:46.520 --> 24:54.920]  Okay. You have to get the closer to the mic that can barely hear you. Can he? I've got a hearing tomorrow
[24:54.920 --> 25:00.280]  for getting this attorney removed. Is he allowed to restrict me from buying this attorney?
[25:00.280 --> 25:03.480]  As far as I know he is not.
[25:08.840 --> 25:14.360]  You can fire your attorney if you want to. Once you fire your attorney all your motions go before the court.
[25:19.720 --> 25:27.080]  I haven't filed any motions on this on these other cases yet because I was trying to take
[25:27.080 --> 25:30.760]  care of the first two cases which are in appeals court. Okay. Wait a minute. Wait a minute. You're
[25:30.760 --> 25:37.480]  using pronouns and so we don't know what you're talking about. This attorney. Which attorney?
[25:37.480 --> 25:42.040]  Is this the attorney that you were speaking about earlier or is this another attorney?
[25:43.720 --> 25:49.560]  Yes. It's the same attorney. The same attorney. They've got him on all of my cases. Even the two
[25:49.560 --> 25:56.200]  cases that are in appeals court. Okay. Then absolutely you need to fire him because he is
[25:56.200 --> 26:02.440]  definitely throwing you under the bus and you certainly need to file a malpractice suit against
[26:02.440 --> 26:14.520]  him. Okay. I'm not pretty good on how to do that yet. I'm not good on how to do that yet but
[26:14.520 --> 26:23.960]  I'm trying to keep focus on where I can do right now for tomorrow.
[26:27.240 --> 26:34.280]  Okay. Okay. I can't do the legal research while I'm on the air but I am certain you have a right
[26:34.280 --> 26:41.320]  to counsel of your choice and if you fire counsel the court has no power to force
[26:41.320 --> 26:45.000]  an incompetent counsel on you.
[26:48.360 --> 26:54.760]  Okay. I spoke with a few people who I'm in a fair with and they have done that.
[26:55.480 --> 27:03.080]  If I had counsel in the court, kept them on record and actually one of them standing next to
[27:03.080 --> 27:11.560]  me now, he still has that counsel because the court would not remove our counsel. Okay. This
[27:11.560 --> 27:17.480]  is an issue. This is the kind of stuff I need you to send me so I can go down and start asking
[27:17.480 --> 27:25.640]  questions about this kind of thing. This is an interesting issue. The court is appointing you
[27:25.640 --> 27:32.120]  corrupt counsel and then denying you in your right to fire corrupt counsel that's in the
[27:32.120 --> 27:41.000]  process of throwing you under the bus. This is the kind of thing I can start doing some calls
[27:41.000 --> 27:55.880]  tomorrow on. You have to go through the song and dance.
[27:55.880 --> 28:06.120]  You have to go in and insist they fire this counsel, accuse the counsel of conspiring with
[28:06.120 --> 28:16.440]  the judge to deny you due process. I'll do some calling tomorrow and make the same accusation
[28:16.440 --> 28:22.600]  so they've got someone outside their control looking over their shoulder. That's the thing
[28:22.600 --> 28:28.360]  they hate the most.
[28:28.360 --> 28:38.440]  There's no way for this. There's no one who's over in the court. If I can't send an appeal for it,
[28:38.440 --> 28:44.760]  they're not doing anything about it. We'll have to get this out of the state into the fast.
[28:47.080 --> 28:52.920]  And you can't do that until after you've been found guilty and your appeal has been denied?
[28:52.920 --> 28:58.440]  Well, you can't go after them until after they have committed acts against you.
[28:59.720 --> 29:06.280]  And you're in jail now, so it's hard for you to prepare an effective RICO suit against the state.
[29:07.960 --> 29:14.040]  But once you get out, you can certainly file a RICO suit. And one of the things you want to do
[29:14.040 --> 29:24.680]  is get as many names of people who have been subjected to similar treatment as you can so
[29:24.680 --> 29:28.680]  that when you get out, you can show a pattern of abuse.
[29:28.680 --> 29:42.280]  Okay. Get names and stories as much as you can, as much as they'll give you.
[29:47.320 --> 29:56.200]  So, and you're telling me to write to put in the motion for conclusions of law, finding the
[29:56.200 --> 30:03.560]  facts and conclusions of law? Exactly. The court said you don't have any rights
[30:03.560 --> 30:10.200]  concerning your own defense. Ask them for law supporting their rulings.
[30:14.520 --> 30:17.800]  You don't know what they ruled unless they give you the law and the facts.
[30:17.800 --> 30:26.360]  So, they have to tell you how they ruled. So, ask them for it. And that's what finding the
[30:26.360 --> 30:35.800]  facts and conclusions of law are for. Okay. And they also stated that I could not,
[30:36.440 --> 30:41.880]  before my paperwork was filed in the court, in the appeal court, it would have to be brought
[30:41.880 --> 30:51.400]  in front of a judge. What does that mean? Because I think they're probably trying to keep me from
[30:51.400 --> 30:57.400]  making the record because I filed all the motions that I filed in the lower court. And all those
[30:57.400 --> 31:04.840]  motions included the personal liberty, my local motion, everything that they don't want exposed
[31:04.840 --> 31:14.520]  was put there. And they pretty much clearly showed how the court acted without authority.
[31:17.320 --> 31:22.920]  So, I think to me it seems like that's why they're telling me to clerk of the appeals court
[31:22.920 --> 31:35.160]  that they ordered them to, before filing my paperwork, that I submit to bring it to a judge.
[31:35.160 --> 31:39.560]  Okay. Then we need to see where they have authority to do that.
[31:44.280 --> 31:47.960]  There may be something because you're filing indigent.
[31:47.960 --> 31:57.000]  But the only thing I've seen on indigent filing is when you file suit as an indigent
[31:57.640 --> 32:04.680]  party, then the judge can make a determination whether or not your suit is frivolous. But once
[32:04.680 --> 32:10.440]  you're already in an action filing motions, this is, I don't know of anything that allows
[32:10.440 --> 32:18.840]  a judge to decide if you can file a motion or not. But I need to know who this judge is
[32:20.360 --> 32:25.080]  so I can file criminal charges against the judge for denying you in due process.
[32:26.760 --> 32:31.240]  And I don't care if he is an appeals court judge, I don't care if he's a Supreme Court judge.
[32:31.240 --> 32:49.160]  As a matter of fact, the higher up he is, the better. Okay. Back to Jeff in Mississippi. Sorry
[32:49.160 --> 33:00.200]  about that, Jeff. You there? No. Yeah. Can you hear me? I can hear you. I honestly think that you
[33:00.200 --> 33:09.000]  having Olivier on the air coming from where he is, that ought to get you a lot of listeners. That
[33:09.000 --> 33:19.320]  is just, that is some good stuff. My frustration with Olivier is, is I have stood exactly where he
[33:19.320 --> 33:32.440]  is. And I understand how difficult and frustrating his position is. Then I want to be able to fix
[33:32.440 --> 33:42.200]  this and make it better. But there's no magic bullet here. There's no way to make this better
[33:42.200 --> 33:50.280]  immediately. We have to fight our way through it. They sentenced me to a year in jail and a $10,000
[33:50.280 --> 33:59.880]  fine. I was in solitary confinement for a month. And then I finally said the heck with this and I
[33:59.880 --> 34:07.960]  filed 20-something criminal complaints with the Court of Appeals two days later I was out of jail.
[34:07.960 --> 34:16.360]  This whole time I've been trying to get Olivier to start filing criminal complaints and he's been
[34:16.360 --> 34:24.280]  reluctant to do that. Well, that's what got me out when I started coming back after him. I wish
[34:24.280 --> 34:32.120]  I could make this easier for Olivier, but it's just a process and he has to work his way through
[34:32.120 --> 34:40.440]  it. Once he gets out, and you know that, you've been there yourself, once he gets out then he
[34:40.440 --> 34:46.440]  can go back after him, just like you've been doing. Yeah, thanks for the time.
[34:49.000 --> 34:55.240]  And you're not done yet. You're still in the state. You haven't worked your way up to the Fed yet.
[34:55.240 --> 35:08.760]  Not yet, no. So, I've got two separate questions. And one is this waist-scale ticket where I was
[35:09.720 --> 35:15.480]  empty. I was pulling an empty trailer. So, I'm going to send in, well, this could be a good thing.
[35:15.480 --> 35:22.120]  I wanted to start off with this first. They have not set a trial date. So, do I want to hurry up
[35:22.120 --> 35:27.560]  and get in that motion or that challenge for jurisdiction before they set up a trial date,
[35:27.560 --> 35:34.840]  right? Absolutely. Well, it doesn't matter. As long as there's generally a certain amount of time you
[35:34.840 --> 35:41.000]  have before a hearing to file a motion. So, if they haven't even set a trial date, that's a good
[35:41.000 --> 35:47.160]  time to get in the subject matter jurisdiction challenge. I'm going to get it in. And I'm going
[35:47.160 --> 36:00.040]  over the law where I'm deadheaded. And the Missouri Highway Code states that they use the definition
[36:00.040 --> 36:14.680]  of a commercial motor vehicle as for CFR 49 CFR 390.5. Hold on. Hold on. 49 CFR? Code of Federal
[36:14.680 --> 36:27.560]  Regulations? Yes. That is on the Missouri Highway Patrol fact page. And also on Cornell.com, too.
[36:29.320 --> 36:36.600]  What does that statute say, or that regulation say? Okay. Let me explain why this gets my
[36:36.600 --> 36:47.000]  attention. The law is what the law is. But when there is a governmental agency authorized to
[36:48.440 --> 36:57.080]  write regulations for the purpose of enacting the enforcement of the law, the regulation
[36:57.080 --> 37:03.160]  is what rules. So, you may have a statute over here. But if you've got a regulation,
[37:03.160 --> 37:12.360]  the regulation rules and the court has no power to overrule the regulation. So, regulations are
[37:12.360 --> 37:17.880]  really powerful. So, that's a good, if you can find a regulation suiting your issue, you want to find
[37:17.880 --> 37:26.040]  a federal regulation. Okay. Go ahead. Well, and the CFR, now this kind of confuses me. So,
[37:26.040 --> 37:36.440]  I'm going to go ahead and add CFR 390.5 to my challenge for jurisdiction. Hold on. Hold on.
[37:37.640 --> 37:47.000]  Hold on. Wait. 390.5, you can't do that. CFRs will have a number, CFR, then a number. What's
[37:47.000 --> 38:05.480]  the front number? Oh, 49. 49 CFR. My pen's not working. Okay. 49 CFR. 390.5. 390.5. Okay. Go ahead.
[38:07.480 --> 38:13.640]  And when I read this, it kind of confuses me. Commercial motor vehicle means any self-propelled
[38:13.640 --> 38:21.800]  or towed motor vehicle used on a highway in interstate commerce. Whoa. Hold on. Wait a minute.
[38:21.800 --> 38:30.280]  Wait a minute. You're defining motor vehicle and they use motor vehicle in the definition?
[38:31.960 --> 38:39.000]  I'm defining commercial motor vehicle and they use motor vehicle. Good. Okay. Commercial motor vehicle.
[38:39.000 --> 38:45.000]  Excuse me. I missed that distinction. Okay. Okay. And I'm going to read that again.
[38:45.000 --> 38:51.240]  Because it's confused me for a long time. Commercial motor vehicle means any self-propelled
[38:51.240 --> 38:59.960]  or towed motor vehicle used on a highway in interstate commerce to transport passengers
[38:59.960 --> 39:07.640]  or property when the vehicle weighs more than 10,000 pounds designed to transport more than eight
[39:07.640 --> 39:14.520]  passengers and it's designed or used to transport more than 15 passengers
[39:16.440 --> 39:22.760]  and is not used to transport those passengers for compensation. So that just confuses me five
[39:22.760 --> 39:32.680]  ways from Sunday. And is not used to transport those passengers for compensation. That seems
[39:32.680 --> 39:44.360]  contradictory. Yes, it does. And it may be that not is an error.
[39:48.760 --> 39:55.480]  That absolutely. And there are those kinds of errors in the code. So it's saying that,
[39:55.480 --> 40:06.520]  okay, with the comment on not, can you read that again so that I'm holding not used for
[40:08.520 --> 40:13.400]  transport passengers for hire? So read that again. Let me see if I can get that to make sense.
[40:14.520 --> 40:23.080]  And that's subsection number three. Is designed or used to transport more than 15 passengers,
[40:23.080 --> 40:30.760]  including the driver, and is not used to transport passengers for compensation.
[40:35.400 --> 40:44.600]  Okay, certainly seems contradictory to me. Go back and read what was before it. And everybody
[40:44.600 --> 40:53.800]  was listening. We're being kind of pedantic here. But in law, you need to really be pedantic because
[40:53.800 --> 41:02.920]  when the legislature passes a statute, they pay close attention to every word.
[41:04.840 --> 41:09.720]  So when we examine the statute, we need to pay close attention to every word. So
[41:09.720 --> 41:16.840]  can you read the entire statute again? Yes. Commercial motor vehicle means any
[41:16.840 --> 41:25.640]  self-propelled or towed motor vehicle used on a highway in interstate commerce to transport
[41:25.640 --> 41:33.320]  passengers or property when the vehicle is number one has a gross vehicle weight rating or gross
[41:33.320 --> 41:40.440]  combination weight rating or gross vehicle weight or gross combination weight of 10,001
[41:40.440 --> 41:49.400]  pounds or more. Number two is designed or used to transport more than eight passengers,
[41:49.400 --> 41:57.880]  including the driver for compensation or is designed or used to transport more than 15
[41:57.880 --> 42:05.800]  passengers, including the driver. Hold on. Hold on. You said four. You missed three.
[42:09.000 --> 42:16.840]  Oh, okay. Three. That was three. Let me read again. So two is designed or used to transport more
[42:16.840 --> 42:25.000]  than eight passengers, including the driver for compensation. Or three is designed or used to
[42:25.000 --> 42:32.280]  transport more than 15 passengers, including the driver and is not used to transport passengers
[42:32.280 --> 42:34.680]  for compensation. Would that be a school bus?
[42:37.400 --> 42:42.680]  Perhaps, but this is describing a commercial motor vehicle.
[42:44.520 --> 42:51.480]  Like a football team? No, no. This is a commercial one. It's defining a commercial motor vehicle.
[42:51.480 --> 43:03.960]  So reading that the way the verbiage states would mean that only a school bus or a,
[43:04.920 --> 43:11.720]  I don't know what else, certainly a Greyhound bus would not fall under.
[43:11.720 --> 43:22.040]  So if you read this, it essentially indicates that a transport bus is not a commercial vehicle.
[43:23.640 --> 43:29.640]  Well, number two says designed or used to transport more than eight passengers for compensation.
[43:30.600 --> 43:38.280]  And then three, designed or used to transport more than 15 passengers for not for compensation,
[43:38.280 --> 43:45.080]  which to me might be like a church bus. Okay. Church bus or school bus would still be commercial.
[43:46.680 --> 43:48.600]  Okay. Now that makes sense.
[43:52.120 --> 43:59.640]  I hear the music. Okay. Music is playing. Okay. Randy Kelton, Deborah Stevens.
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[46:10.840 --> 46:27.240]  Okay, we are back. Randy Kelton, Deborah Stevens River Radio, and we're talking to Jeff in Mississippi.
[46:27.240 --> 46:36.360]  Go ahead, Jeff. Oh, oh, this was interesting. Okay. This is why we do this kind of pedantic
[46:36.360 --> 46:45.560]  examination. And Jeff, you caught something I missed, and this said everybody should look
[46:45.560 --> 46:53.400]  at this real close. In reading these statutes, you read one line, you read the next line,
[46:53.400 --> 47:00.920]  you read the next line, and you can't read them in isolation. In isolation, it looked like
[47:00.920 --> 47:10.680]  a vehicle used to transport more than 15 passengers, not for compensation, did not fall under.
[47:12.040 --> 47:18.760]  But Jeff caught the fact that a vehicle used to transport more than eight people did fall under.
[47:20.840 --> 47:25.000]  So, will you kind of read that through again so that it kind of makes sense?
[47:25.000 --> 47:33.000]  You want to just go through two and three? Yeah, two and three. Here's two and three. Number two,
[47:34.920 --> 47:41.000]  definition for commercial motor vehicle, is designed or used to transport more than eight
[47:41.000 --> 47:50.600]  passengers, including the driver for compensation for three. Number three, is designed or used
[47:50.600 --> 47:58.520]  to transport more than 15 passengers, including the driver, and is not used to transport passengers
[47:58.520 --> 48:06.840]  for compensation. Okay. And here's what I was thinking when it said not used to transport
[48:07.400 --> 48:12.520]  for compensation more than 15 passengers, I'm thinking a Greyhound bus wouldn't fall under.
[48:12.520 --> 48:22.360]  But Jeff caught it that the one above it said it would fall under. So, it made a very clear
[48:22.360 --> 48:30.760]  and fine distinction between the two. So, if you're like a lot of these patriot mythologists out
[48:30.760 --> 48:39.720]  there who are reading the code to find what they want to find, they'll read this and say, well,
[48:39.720 --> 48:45.640]  the buses don't apply, but they don't read all of the codes and stitch them all together.
[48:47.000 --> 48:54.200]  And did they make sense? Did this answer the question that you had, Jeff, or was it a different
[48:54.200 --> 49:01.240]  question? No, this is the question, but it confuses me because I'm going to send in my
[49:01.240 --> 49:10.120]  challenge for jurisdiction because I was traveling empty and I'm not really sure what to put on.
[49:11.160 --> 49:14.760]  What part of this can I use to poke holes in their jurisdiction?
[49:15.640 --> 49:23.960]  None of these. These all go to vehicles designed to transport persons.
[49:23.960 --> 49:30.680]  There has to be another one that goes to vehicles designed to transport
[49:31.400 --> 49:36.280]  property. What did one say? Well, that's number one. Okay, that's what I thought.
[49:36.280 --> 49:42.760]  Gross vehicle weight over 10,000 pounds. That's all the note I got. And okay, so that's the one
[49:42.760 --> 49:48.520]  to transport property for hire. So, you don't fall under that one. Yeah, you're over gross vehicle
[49:48.520 --> 49:55.800]  weight over 10,000 pounds. However, you weren't hauling, you were not hauling anything for hire.
[49:55.800 --> 50:02.920]  And that's why all of the state police call that dead headache.
[50:04.920 --> 50:08.840]  Okay. You're not on the log at that time.
[50:08.840 --> 50:19.240]  So, you're not in commerce and these state police know that. While they pretend like
[50:19.960 --> 50:24.280]  they think we're all under commerce, they absolutely know better.
[50:26.680 --> 50:32.440]  Thus, the term deadheading. And that's why I used it in some of my pleadings because when a
[50:32.440 --> 50:36.040]  state policeman reads deadheading, he knows exactly what that means.
[50:36.040 --> 50:44.920]  That means he's not under commerce and you can't mess with it. So, you were deadheading at the
[50:44.920 --> 50:52.920]  time. You were just like me in a passenger car. You know, it doesn't apply. So, all of the
[50:53.960 --> 50:57.800]  subject matter jurisdiction challenges that I have absolutely apply.
[50:57.800 --> 51:05.800]  Okay. Even though you were driving a commercial truck that is designed for commerce, it wasn't
[51:05.800 --> 51:13.240]  being used in commerce. Okay. Well, that is the key word because commercial motor vehicle means
[51:13.240 --> 51:23.880]  any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport
[51:23.880 --> 51:30.360]  passengers or property. So, used it is the key word there.
[51:33.640 --> 51:41.880]  Wait a minute. There was something missing to transport persons or property.
[51:43.240 --> 51:46.520]  Yes. There's a critical word missing
[51:46.520 --> 52:03.160]  for hire, for profit. So, this says, okay, that's a problem. And I know this sounds pedantic,
[52:03.160 --> 52:10.200]  but the law is pedantic. Any motor vehicle used to transport persons or property.
[52:10.200 --> 52:24.680]  So, what does that actually mean? Okay. I'm in a motor vehicle that is capable of transporting
[52:25.560 --> 52:36.200]  persons or property. If I am the driver, am I included in the definition of
[52:36.200 --> 52:46.360]  transporting persons or property? For two and three, the driver is included.
[52:50.440 --> 52:56.680]  But it has to be up to eight or fifteen. Okay. Say that again. For two or three, the driver is
[52:56.680 --> 53:02.440]  included? Yes, but both numbers are eight and fifteen. So, if you're the driver and you're
[53:02.440 --> 53:10.680]  only carrying three people, I guess it doesn't apply. So, if you're the driver and you're not
[53:10.680 --> 53:19.880]  carrying any people, it doesn't apply. And that's where I was getting to. If the driver is operating
[53:19.880 --> 53:27.240]  a motor vehicle, is the motor vehicle construe to be transporting a person?
[53:27.240 --> 53:40.040]  No. That's what I was getting at. So, if it was, then everything would be commercial.
[53:42.040 --> 53:48.360]  But if the... Let me back up there. Let me back up, Randy. Two and three says,
[53:48.360 --> 53:55.880]  is designed or used to transport more than eight passengers, including the driver.
[53:55.880 --> 54:01.720]  So, maybe if a bus driver was driving an empty bus, unfortunately, he would still fall in, maybe.
[54:06.520 --> 54:15.480]  So, I have two transport buses. Now, I don't use them for transport buses.
[54:17.800 --> 54:21.800]  I got them at an auction by mistake. I got sucked in by the auctioneer.
[54:21.800 --> 54:30.520]  But if I'm driving that around and I have a motorhome built in the back of it,
[54:33.480 --> 54:34.760]  would I be in commerce?
[54:37.720 --> 54:42.920]  Not for two, because it says this designer used to transport more than eight passengers
[54:42.920 --> 54:48.520]  for compensation. Okay. This was originally designed for that,
[54:48.520 --> 54:51.800]  but I redesigned it, so it wouldn't... Okay, that wouldn't fall under. So,
[54:54.040 --> 55:04.600]  if I pick up a bus that's just been built and I'm trying... Someone purchases it,
[55:04.600 --> 55:19.400]  and I'm driving it from where it was manufactured to the new owner, I would be in commerce.
[55:19.400 --> 55:26.840]  That may be number three, is designed or used... Designed or used to transport more than 15
[55:26.840 --> 55:34.760]  passengers, including the driver, and is not used to transport passengers for compensation.
[55:35.640 --> 55:46.360]  So, if I borrowed a bus because my car was broke down and I took the bus that was parked in the
[55:46.360 --> 55:53.880]  lot and drove it home just to get me home, then I would be in commerce because the bus was designed
[55:53.880 --> 56:01.080]  to hold more than eight passengers. Or 15 passengers. Well, yeah, eight passengers,
[56:01.080 --> 56:06.600]  because it would be a bus for compensation if it was designed for compensation.
[56:07.800 --> 56:16.280]  So, that is problematic because it does not say operated in commerce, but designed for compensation.
[56:16.280 --> 56:22.680]  But yours wasn't designed to carry over eight passengers.
[56:25.560 --> 56:33.960]  So, how does yours fall under? You're pulling a tractor trailer that's not designed to haul
[56:33.960 --> 56:44.200]  human beings. So, the specific weight... Ghost vehicle weight over 10K, what's the rest of that?
[56:44.200 --> 56:54.200]  Number one? Number one is the 10K and the preceding sentence is... No, no, what's the rest of 10K
[56:54.200 --> 57:02.280]  and what else? Oh, that's all. It says, has a gross vehicle weight rating or gross combination
[57:02.280 --> 57:10.680]  weight rating or gross vehicle weight or gross combination weight of 10,001 pounds.
[57:10.680 --> 57:16.200]  So, anything over 10,000 pounds is commercial no matter what?
[57:17.800 --> 57:23.480]  Well, the sentence before says commercial motor vehicle means all... Any self-propelled or towed
[57:23.480 --> 57:35.160]  motor vehicle used on a highway in interstate commerce. So, I'm seeing commerce there.
[57:35.160 --> 57:40.360]  Okay. What's the next term after that? What comes after that?
[57:41.720 --> 57:44.680]  To transport passengers or property.
[57:46.120 --> 57:52.200]  Okay. So, how does this get to a 10,000 pound vehicle? Is it included under that?
[57:56.120 --> 58:01.080]  That's what I don't know. Okay. You said the one before it. So, that's a little unclear.
[58:01.080 --> 58:06.760]  And I know we've got people waiting and we're sounding pedantic, but this is how we
[58:06.760 --> 58:10.280]  waft our arguments so there aren't any holes in it.
[58:12.920 --> 58:17.000]  Let's go back one step and read the statute again from the beginning.
[58:19.480 --> 58:26.840]  Okay. So, commercial motor vehicle, this is the definition at the start, means any self-propelled
[58:26.840 --> 58:37.480]  or towed motor vehicle used on a highway in interstate commerce for passengers or property.
[58:37.480 --> 58:43.880]  Okay. Hang on. About to go to break. Randy Kalkin, rule of law radio. We'll be right back.
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[01:00:20.920 --> 01:00:23.800]  Markets for Wednesday, the 6th of December, 2017,
[01:00:23.800 --> 01:00:32.920]  closed with gold at $1,263.31. Silver, $15.95. Texas Crude, $57.62 of barrel.
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[01:00:43.320 --> 01:00:49.480]  Today in history, the year 1897, London becomes the world's first city to host licensed taxi
[01:00:49.480 --> 01:00:56.440]  cabs. Today in history. In recent news, President Trump said from the diplomatic reception room
[01:00:56.440 --> 01:01:00.520]  of the White House earlier today that the United States will formally recognize Jerusalem as the
[01:01:00.520 --> 01:01:05.240]  capital of Israel with announcing preparations to move the United States embassy from Tel Aviv
[01:01:05.240 --> 01:01:09.800]  to the city of God. Trump stated that, quote, today we finally acknowledge the obvious that
[01:01:09.800 --> 01:01:14.840]  Jerusalem is Israel's capital. This is nothing more or less than a recognition of reality.
[01:01:14.840 --> 01:01:20.120]  It is also the right thing to do. It's something that has to be done. Everyone from Pope Francis,
[01:01:20.120 --> 01:01:24.040]  the Chinese foreign minister, and European leaders have voiced their concerns with this
[01:01:24.040 --> 01:01:28.840]  decision from President Trump. Federica Morgani, high representative of the European Union foreign
[01:01:28.840 --> 01:01:34.280]  affairs and security policy, made clear that Europe saw the President's decision as a threat to peace
[01:01:34.280 --> 01:01:39.000]  in the Middle East. Stating that, quote, we believe that any action that would undermine these efforts
[01:01:39.000 --> 01:01:44.120]  must absolutely be avoided. A way must be found through negotiations to resolve the status of
[01:01:44.120 --> 01:01:48.440]  Jerusalem as a future capital of both states. Former director of the CIA under the Obama
[01:01:48.440 --> 01:01:52.760]  administration, John O'Brennan, released a statement saying that President Trump's words were
[01:01:52.760 --> 01:01:57.320]  reckless and would damage U.S. interest in the Middle East for years to come, would make the
[01:01:57.320 --> 01:02:02.360]  region more volatile. It is yet unclear whether the President has any legitimate reason for making
[01:02:02.360 --> 01:02:07.400]  this statement, other than an act to appeal to his evangelical and pro-Israel voting base.
[01:02:07.400 --> 01:02:16.760]  Nearly 50 mayors from across the United States concluded a climate change summit in Chicago
[01:02:16.760 --> 01:02:21.480]  today, where a formal agreement to reduce greenhouse emissions in their cities was signed
[01:02:21.480 --> 01:02:25.160]  by the attending mayors, an act of defiance considering the Trump administration's recent
[01:02:25.160 --> 01:02:29.800]  decision to back the U.S. out of the Paris climate agreement. No surprise, former President Barack
[01:02:29.800 --> 01:02:34.280]  Obama was also attending and even spoke at the summit, telling attendees that they are America's
[01:02:34.280 --> 01:02:39.320]  new front line leaders on climate change. Mayors from cities in Mexico and Canada joined their
[01:02:39.320 --> 01:02:44.520]  U.S. counterparts in committing to reduce carbon emissions. Vancouver Mayor Gregor Robertson
[01:02:44.520 --> 01:02:48.520]  said in a statement that we stand shoulder to shoulder with all of the U.S. cities and mayors
[01:02:48.520 --> 01:03:05.560]  that are committed to the Paris agreement. This was Rick Rodeo with Relodion for December 6, 2017.
[01:03:19.320 --> 01:03:43.400]  Okay, we are back. Randy Kelkin, Denver Stevens, Relodion. We're talking to Jeff Mississippi.
[01:03:43.400 --> 01:03:51.160]  And Jeff, we've used too much time on this. Can you call back tomorrow night? This is the kind
[01:03:51.160 --> 01:04:02.040]  of examination of code I really like to do. If you have ever been in court and the issues
[01:04:02.040 --> 01:04:09.320]  before the court are based on code of this nature and you've done this kind of exhaustive
[01:04:09.320 --> 01:04:15.560]  examination of the code, you will wipe the floor with the lawyer on the other side
[01:04:16.920 --> 01:04:24.520]  because you will understand the nuance of the code in a way that most lawyers never do.
[01:04:26.520 --> 01:04:34.360]  Jeff, I would very much like to finish this tomorrow because this gives us the primary
[01:04:34.360 --> 01:04:44.600]  claim of subject matter jurisdiction. And it gives it to us in a pedantic way that makes it hard for
[01:04:44.600 --> 01:04:50.280]  the lawyer on the other side to get around because they're used to just doing vague and general
[01:04:50.280 --> 01:04:58.200]  arguments. So I do thank you, Jeff. I enjoy this kind of thing. But I've got a whole board for
[01:04:58.200 --> 01:05:02.600]  the callers and I'm running out of time. So call back tomorrow night. I'd like to finish this up.
[01:05:02.600 --> 01:05:11.400]  Okay, you bet. Talk to you tomorrow. Thank you, Jeff. Okay, now we're going to Tim in Texas.
[01:05:12.200 --> 01:05:17.400]  Hello, Tim. Hello, sir. How are you tonight? I am good.
[01:05:19.640 --> 01:05:27.640]  I made it through the day in one piece. I hope you did as well. Yes, we did. We made it home and
[01:05:27.640 --> 01:05:36.120]  everything's okay. I just had a question. Talking about this case that we have, of course, we're
[01:05:36.120 --> 01:05:45.080]  going to try to get a continuance tomorrow morning. And when we're going after the,
[01:05:46.360 --> 01:05:51.480]  we're filing the countersuit and then, of course, they come back at us and then we're coming back
[01:05:51.480 --> 01:05:58.440]  with something. Okay, hold on. Let's give a brief synopsis of where you're at for those who haven't
[01:05:58.440 --> 01:06:04.040]  been listening all the time and don't know what we're talking about. The city came after me for
[01:06:04.040 --> 01:06:14.920]  some cars at my automotive shop and didn't want to work with me at all. So the prosecutor kind of
[01:06:14.920 --> 01:06:20.680]  tricked me into an administrative hearing and I didn't know what that was. And basically,
[01:06:20.680 --> 01:06:32.680]  they ramrodded me through, fined me $8,000, gave me time for 31 days to appeal, but we didn't appeal,
[01:06:32.680 --> 01:06:40.120]  we challenged subject matter jurisdiction. And then they didn't answer that. And so we tried
[01:06:40.120 --> 01:06:47.640]  to get a summary judgment and they ignored that also. And so a few months later, they came after
[01:06:47.640 --> 01:06:59.000]  us in district court with a suit to recover the $8,000 plus administrative fees, plus
[01:06:59.800 --> 01:07:06.360]  lawyer fees. And so they're just trying to pile it as high and they even put the number $100,000
[01:07:06.360 --> 01:07:14.280]  or less on the suit. And so that kind of makes your hair stand up, you know, because you're
[01:07:14.280 --> 01:07:22.120]  thinking, oh, Lord, what have I gotten myself into? Well, we answered this. We answered their suit.
[01:07:23.880 --> 01:07:29.960]  They got a restraining order and an injunction, a temporary injunction against us. And so
[01:07:31.880 --> 01:07:38.920]  we have to, supposed to be in court Tuesday, but we've had some deaths in the family. I was a little
[01:07:38.920 --> 01:07:48.840]  ill at one point, so trying to prepare everything was kind of difficult. So here we are and trying
[01:07:48.840 --> 01:07:56.840]  to come back against what they're, we're trying to get theirs dismissed, their suit against us
[01:07:56.840 --> 01:08:06.760]  dismissed. And they're trying to get our suit against them dismissed. And I guess it's all in
[01:08:06.760 --> 01:08:13.800]  the judge's hands. But from what I've been hearing, they kind of do what they want to unless somebody
[01:08:13.800 --> 01:08:22.040]  holds their feet to the fire afterwards. And then they seem to change their, their minds and try to
[01:08:22.040 --> 01:08:29.320]  do the right thing. I guess there's, there's precedent for that, right? Oh yeah, I just had
[01:08:29.320 --> 01:08:43.240]  someone today went to court in South Texas near Houston, Liberty County. And the bailiffs who
[01:08:43.240 --> 01:08:50.120]  arrested this guy, they arrested him, took him to jail. They arrested him in the courthouse,
[01:08:50.120 --> 01:08:58.600]  took him out of a court where there was a judge sitting there who's also a magistrate,
[01:08:59.480 --> 01:09:03.320]  and then took him to jail, held him overnight, brought him before a magistrate,
[01:09:03.960 --> 01:09:11.160]  and charged him with a couple of crimes. And the bailiffs got together after they put him in jail
[01:09:11.160 --> 01:09:16.680]  and came up with these statements that were fraudulent. They were absolutely false. What they
[01:09:16.680 --> 01:09:27.720]  didn't know is that there were some court watches there and they had their videos going. So the
[01:09:27.720 --> 01:09:35.720]  bailiffs made outrageous lies in the wrath of David. And he came to me and I wrote him up some
[01:09:35.720 --> 01:09:42.360]  documents and he went in today and accused the bailiffs of aggravated perjury and claimed he
[01:09:42.360 --> 01:09:52.440]  had incontrovertible evidence. And when he showed it to the prosecutor, the prosecutor started doing
[01:09:52.440 --> 01:09:59.560]  a little song and dance and seltzer down your pants and wound up dismissing everything.
[01:10:01.000 --> 01:10:11.240]  Well, also in our suit that we have, our whole thing has been challenging subject matter jurisdiction.
[01:10:11.240 --> 01:10:18.360]  It has not been on the merits of the case. Am I correct so far? You are absolutely correct.
[01:10:18.360 --> 01:10:24.360]  And the merits of the case is the last place you want to go. Because it's irrelevant.
[01:10:26.040 --> 01:10:33.880]  When you're in a corrupt system, the merits of the case goes to the discretion of the judge.
[01:10:33.880 --> 01:10:40.840]  Okay. That's the last place you want to be. You want to hold the judge to the
[01:10:42.600 --> 01:10:49.480]  pedantic rule of law. You do not want to get to a place where he can exercise
[01:10:50.440 --> 01:10:53.320]  discretion because he didn't do anything he wants to.
[01:10:55.000 --> 01:11:02.280]  Because when I was looking through the complaints that the code officer filed,
[01:11:02.280 --> 01:11:10.680]  I noticed they have the court clerk's stamp and then his signature and it's dated.
[01:11:11.720 --> 01:11:19.240]  And a couple of them are absolutely false. That's like him testifying under oath and lying.
[01:11:20.040 --> 01:11:26.840]  Okay. That's not like him testifying under oath. That is him testifying under oath.
[01:11:26.840 --> 01:11:34.040]  People like to use like to soften up things when they're not sure. Yeah, that he is. Absolutely.
[01:11:35.320 --> 01:11:41.240]  When a public official files a complaint, they don't have to take the complaint and
[01:11:41.240 --> 01:11:51.240]  get it authenticated by a magistrate. Right. It is statutorily presumed to be signed under oath.
[01:11:51.240 --> 01:12:02.440]  Right. So, we can't really go after him for that though until all of this is over.
[01:12:03.640 --> 01:12:11.240]  Right. But once it's over, we can file a criminal case against him.
[01:12:12.040 --> 01:12:19.480]  Yes. And this is a point we make pretty often and one of the, a point that goes to
[01:12:19.480 --> 01:12:26.360]  what Olivier who's in jail in Clarksville, Tennessee goes to is they do what they do
[01:12:26.360 --> 01:12:33.080]  first and you have to suffer through it. Tim suffered through them coming after him
[01:12:34.040 --> 01:12:39.000]  and then filing this suit to collect and he's wanting to go after them and I'm saying,
[01:12:39.000 --> 01:12:43.800]  no, no, no, no, hang on. They're not through screwing up yet.
[01:12:43.800 --> 01:12:50.600]  And when they got through screwing up, then became back after him big time.
[01:12:53.080 --> 01:12:59.000]  And you let them make all their mistakes first and it's hard because they're coming after you.
[01:12:59.000 --> 01:13:05.720]  You're under threat. Yeah. You know, I'm sitting here on the outside and it's easy for me to
[01:13:05.720 --> 01:13:10.760]  huff and puff and rail and write this indignation, but I don't have a dog in this hunt.
[01:13:10.760 --> 01:13:14.760]  They're not trying to take everything I own away from me.
[01:13:15.800 --> 01:13:21.000]  Yeah. And Tim and Tim and Laura are sitting there looking at losing what they worked for for the
[01:13:21.000 --> 01:13:32.760]  last 25, 30 years. So it's a big deal for them. And they hung in there and it took a tremendous
[01:13:32.760 --> 01:13:38.920]  amount of courage to do that. But now they're now they're on the other side. Now they're going
[01:13:38.920 --> 01:13:48.120]  back after them. Now, once this judge gets us both before him and he's looked at everything,
[01:13:48.120 --> 01:13:51.800]  he's looked at their paperwork, he's looked at our paperwork,
[01:13:53.480 --> 01:13:58.040]  you would, but you know the man personally, I say personally, you know of him.
[01:13:58.760 --> 01:14:07.080]  Well, I've kind of met him a time or two and he knows who I am and he undoubtedly knows that I'm
[01:14:07.080 --> 01:14:18.280]  behind the writing of these documents. This is Brock Smith. He was a partner in a law firm with
[01:14:18.280 --> 01:14:27.640]  Barry Green. Barry Green before that was the district attorney in Wise County and one of my
[01:14:27.640 --> 01:14:32.680]  favorite experiences with Barry Green is I went to talk to him and I said, Barry, I need your help.
[01:14:32.680 --> 01:14:38.920]  Mr. Kelton, you need your filing criminal charges against me and you need my help.
[01:14:39.720 --> 01:14:45.640]  I said, well, yeah, Barry, I don't want to file criminal charges against you. He said, well,
[01:14:45.640 --> 01:14:55.720]  why not? I said, because I like you. Well, why do you need my help? I said, I need you to give
[01:14:55.720 --> 01:15:04.200]  me a reason not to file criminal charges against you. He was absolutely flustered. He got out of
[01:15:04.200 --> 01:15:12.600]  office and went into practice with Brock Smith. So Brock Smith knew who I was and what I did.
[01:15:12.600 --> 01:15:19.160]  I went to Brock Smith's law firm and talked to a young lawyer he had just taken on.
[01:15:19.160 --> 01:15:29.480]  He got him to agree to look into one of my cases and on a Sunday morning he called me
[01:15:30.040 --> 01:15:35.240]  and told me he wouldn't be able to meet with me Monday. He had other engagements.
[01:15:36.840 --> 01:15:44.360]  I said, somebody told on me, didn't they? You talked to Brock and he told you who I was, didn't
[01:15:44.360 --> 01:15:54.680]  they? Oh, no, Mr. Kelton, my calendar is just too full. So that was so funny. But Brock knows
[01:15:55.720 --> 01:16:03.400]  precisely who I am and the district attorney, I mean, the district judge in Wise County passed
[01:16:03.400 --> 01:16:10.040]  away and I'd been beating him up and I never really disliked him and I hated the fact that he
[01:16:10.040 --> 01:16:16.440]  passed away. But Brock Smith was appointed to take his place. That's why we're talking about Brock
[01:16:16.440 --> 01:16:24.040]  Smith. And undoubtedly, since I know the prosecutor real well, Brock Smith knows that I'm behind
[01:16:24.040 --> 01:16:32.280]  all these pleading. So we're giving some context to this situation. Okay, go ahead, go ahead, Tim.
[01:16:32.280 --> 01:16:37.400]  I think I've kind of framed it so it makes sense. Yeah, I think you're going to break now.
[01:16:37.400 --> 01:16:45.800]  Oh, I never can hear the music. I'm trying to move my clock up. Oh, I got 15 seconds. Okay,
[01:16:45.800 --> 01:16:51.240]  this is ready to kill them. They're receiving root of our radio. I actually get to do an outro
[01:16:51.240 --> 01:17:01.960]  without running off the cliff. We'll be right back. I love logos without the shows on this
[01:17:01.960 --> 01:17:06.440]  network. I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's
[01:17:06.440 --> 01:17:11.960]  no going back. I need my truth fix. I'd be lost without logos. And I really want to help keep
[01:17:11.960 --> 01:17:16.040]  this network on the air. I'd love to volunteer as a show producer, but I'm a bit of a Luddite and
[01:17:16.040 --> 01:17:21.880]  I really don't have any money to give because I spent it all on supplements. How can I help logos?
[01:17:21.880 --> 01:17:27.080]  Well, I'm glad you asked. Whenever you order anything from Amazon, you can help logos with
[01:17:27.080 --> 01:17:32.360]  ordering your supplies or holiday gifts. First thing you do is clear your cookies. Now go to
[01:17:32.360 --> 01:17:39.000]  LogosRadioNetwork.com. Click on the Amazon logo and bookmark it. Now, when you order anything from
[01:17:39.000 --> 01:17:45.720]  Amazon, you use that link and Logos gets a few pesos. Do I pay extra? No. Do I have to do anything
[01:17:45.720 --> 01:17:52.520]  different when I order? No. Can I use my Amazon Prime? No. I mean, yes. Wow. Giving without doing
[01:17:52.520 --> 01:17:59.320]  anything or spending any money. This is perfect. Thank you so much. We are logos. Happy holidays,
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[01:19:24.040 --> 01:19:39.800]  Well, you ain't gonna fool me with that same old trick again. I was blindsided but now I can see
[01:19:39.800 --> 01:19:48.360]  your hands. You put the fear in my pockets, took the money from my hands. Ain't gonna fool me with
[01:19:48.360 --> 01:20:00.360]  that same old trick again. Okay, we are back. Randy Kelton with LogosRadio. We're talking to
[01:20:01.880 --> 01:20:14.040]  Tim in Texas. Yes, sir. Okay, go ahead, Tim. Okay, so he gets both of our bleeding before him.
[01:20:14.040 --> 01:20:21.480]  Let's say he actually reads them. Okay, that's what we would ask. I noticed that the judge that we
[01:20:21.480 --> 01:20:31.720]  went before or the judge that the attorneys were to see when they went before, he listened to what
[01:20:31.720 --> 01:20:37.480]  they said and he did that. Tell me words in the document. Anyway, he just basically took their
[01:20:37.480 --> 01:20:43.640]  word. He didn't dissect their bleeding and he signed off on it and gave them the restraints.
[01:20:43.640 --> 01:20:49.160]  They were restraining order and then we had to go before them for the injunction. So listen,
[01:20:49.880 --> 01:20:57.560]  get both of the documents before him. He looks through them. What's the best that we could
[01:20:57.560 --> 01:21:06.680]  hope for? Okay, this judge is a new judge. Yes. He's just on the bench and he gets these
[01:21:06.680 --> 01:21:16.200]  really, these filings by the other side stating their position and we give them an exhaustive
[01:21:17.400 --> 01:21:24.280]  analysis of their position. This judge is not going to want to be overturned in one of his first
[01:21:24.280 --> 01:21:33.320]  rulings. Okay. So, you know, whenever you're new in a job, you really want to do a good job.
[01:21:33.320 --> 01:21:40.760]  Right. So, and he also knows, he knows who I am and he knows that I filed
[01:21:41.720 --> 01:21:45.880]  first degree felony aggravated assault charges against the judge before him.
[01:21:48.040 --> 01:21:52.760]  So he knows I am not the least bit bashful about going right for his throat.
[01:21:54.360 --> 01:22:00.520]  Well, he's not, he's not going to want me going after his throat. So there's a good chance that
[01:22:00.520 --> 01:22:08.680]  we will actually get a good ruling here. Okay. Okay. Let's say that he dismisses both of our
[01:22:08.680 --> 01:22:17.640]  cases. Would they automatically go back down to the municipal court? No. No, they go to appeal.
[01:22:19.720 --> 01:22:27.560]  But we have, okay, we do need to, we haven't petitioned the county court for rid of mandamus.
[01:22:27.560 --> 01:22:36.120]  Okay. For everybody listening, we filed a challenge subject matter jurisdiction in the municipal court.
[01:22:37.560 --> 01:22:45.640]  The municipal court that was prosecuting Tim did not respond to the challenges of the
[01:22:45.640 --> 01:22:53.240]  management jurisdiction. So we filed a motion for summary judgment based on the lack of response.
[01:22:53.240 --> 01:23:00.520]  So if they didn't oppose, then everything we said must be accepted is true and the court had to rule
[01:23:00.520 --> 01:23:09.240]  in our favor or the court refused to set the case for hearing. What we needed to do is file a petition
[01:23:09.240 --> 01:23:19.240]  for a remandamus, a mandate from the county court ordering the municipal court to convene a hearing
[01:23:19.240 --> 01:23:29.240]  on the summary judgment motion. But before we could do that, the other side filed a case in the district
[01:23:29.240 --> 01:23:41.240]  court to collect the $8,000 fee. So we filed a response to that with a counterclaim. Now we need
[01:23:41.240 --> 01:23:50.200]  to file a mandamus in the county court to bring the issue of jurisdiction back
[01:23:51.560 --> 01:23:57.080]  into the municipal court where it should have been in the first place. And because there is a
[01:23:57.080 --> 01:24:05.480]  challenge to subject matter jurisdiction, the ruling of the administrative board that was
[01:24:05.480 --> 01:24:14.280]  kind of contrived by the prosecutor is not final. And we made that argument in this case. So it's
[01:24:14.280 --> 01:24:22.760]  a little bit complex. But we have two things going on at once. Would we wait until after we see what
[01:24:22.760 --> 01:24:31.160]  the judge does to file the remandamus? Yes. Go ahead and do that. We could do the mandamus at any
[01:24:31.160 --> 01:24:37.640]  time. Okay. But if the judge rules that they don't have subject matter jurisdiction,
[01:24:39.160 --> 01:24:46.760]  then we go for a mandamus with West Judicata. The district court has already ruled they don't
[01:24:46.760 --> 01:24:57.880]  have subject matter jurisdiction. Right. With what they have filed, was it trying to be thorough
[01:24:57.880 --> 01:25:05.880]  enough to show that they did have subject matter jurisdiction? Because 112 pages has everything
[01:25:06.520 --> 01:25:13.320]  from what they just filed, which was, I don't know, 20 pages. And then the attachment to that. So
[01:25:13.320 --> 01:25:22.360]  that's another 90 pages. So you're looking at, let's get all the copies of everything. And then
[01:25:22.360 --> 01:25:29.320]  it's even got the statute. It's even got the local ordinance law. That's what they filed.
[01:25:30.360 --> 01:25:38.600]  Yeah, but stacks of paper don't mean squat. Well, my point is there were laws on the front.
[01:25:39.160 --> 01:25:46.440]  There was never a final adjudication and they cannot get around the fact that there was never a
[01:25:46.440 --> 01:25:56.040]  final adjudication. So to say the least, what they do is they attempt to get people just to
[01:25:56.040 --> 01:26:03.400]  fall for what they do without challenging them. Exactly. And they're not used to somebody coming
[01:26:03.400 --> 01:26:12.280]  after them on the details. Right. And that's what we, you know, the earlier when we were talking to
[01:26:12.280 --> 01:26:21.640]  Jeff in Mississippi, taking statutes apart word by word is what I'd like to do.
[01:26:23.400 --> 01:26:31.880]  And this is how you beat these guys is you take them apart word by word. And they want to do just
[01:26:33.000 --> 01:26:39.080]  dramatic wave of their legal arm and make everything go away. And then when somebody
[01:26:39.080 --> 01:26:45.000]  comes back after them, then they have put themselves in an untenable position.
[01:26:45.880 --> 01:26:53.320]  They can't argue themselves out of this one. Right. So we just stay after them. Just like
[01:26:55.080 --> 01:27:04.280]  Jimmy Coons in Liberty County. They do. He had to struggle with him to get him to hold back.
[01:27:04.280 --> 01:27:12.680]  Don't tell him you have a recording. Let them commit themselves to aggravated perjury.
[01:27:13.720 --> 01:27:17.800]  And once they committed, he went back to the prosecutor. He had to stand back,
[01:27:18.840 --> 01:27:23.160]  you know, charge with the class, be misdemeanor, get him six months in jail. He had to stand back
[01:27:23.160 --> 01:27:28.840]  and bite his tongue and wait till the right time. And then he came in and landed on him like a ton
[01:27:28.840 --> 01:27:37.880]  of bricks. And then everything's gone. So I listened to you guys last week.
[01:27:39.880 --> 01:27:45.640]  The two guys, right? The one in the wheelchair had been hauled out and put him in jail.
[01:27:46.440 --> 01:27:52.360]  Yes, that's the one. Okay. So he's already got it completely dismissed. It went away.
[01:27:52.360 --> 01:27:59.400]  Right. Yeah. The only thing they left was he's got to do 40 hours of case law research.
[01:28:01.560 --> 01:28:07.240]  That's good for him. That's what he said. This is great. I would love to do this.
[01:28:07.800 --> 01:28:15.480]  And he said the prosecutor, well, what happened was he accused these officers of aggravated
[01:28:15.480 --> 01:28:22.520]  perjury and then produced incontrovertible evidence of aggravated perjury. So now the prosecutor's
[01:28:22.520 --> 01:28:30.840]  on time. How does he keep his, these bailiffs from being prosecuted for aggravated perjury?
[01:28:32.040 --> 01:28:38.360]  So now he's dancing around and the guy, the kid called me while he's talking to the prosecutor
[01:28:39.000 --> 01:28:43.480]  and said, this is what the prosecutor wants to do. And I go, don't you dare let him do that.
[01:28:43.480 --> 01:28:47.160]  He wanted him to plead guilty. But don't you dare plead guilty.
[01:28:47.960 --> 01:28:54.680]  And then he said, he told him, absolutely not. Well, then he wanted him to admit
[01:28:55.480 --> 01:28:59.640]  to the crime. I said, don't you dare admit to the crime. They're setting you up.
[01:29:00.360 --> 01:29:07.000]  They're going to give you this 40 to 40 hours of research and he's going to find some reason
[01:29:07.000 --> 01:29:17.080]  to revoke. So you make him put in the agreement that if he revokes, then your, any admission that
[01:29:17.080 --> 01:29:25.480]  you agreed to is off the table and you start all over again. Okay. The kid is looking at
[01:29:25.480 --> 01:29:33.400]  six months in jail. So he's terrified and rightly so. He doesn't know what I know. I'm outside of it.
[01:29:33.400 --> 01:29:40.920]  My liberty is not at risk. So I can look at it more objectively. The prosecutor has no chance of
[01:29:40.920 --> 01:29:52.200]  getting a conviction. And if he goes to trial, he winds up with these officers being completely
[01:29:52.200 --> 01:29:59.080]  discredited. And what I had to really go after them about is don't you dare.
[01:29:59.080 --> 01:30:08.120]  A Virginia company has brainstormed a new idea to house aging relatives, a prefab cottage that
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[01:31:31.160 --> 01:31:37.160]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. The government
[01:31:37.160 --> 01:31:42.600]  says that fire brought it down. However, 1,500 architects and engineers concluded it was a
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[01:31:46.440 --> 01:31:50.840]  And thousands of my fellow first responders have died. I'm not a conspiracy theorist. I'm a
[01:31:50.840 --> 01:31:53.960]  structural engineer. I'm a New York City correction officer. I'm an Air Force pilot.
[01:31:53.960 --> 01:31:58.280]  I'm the father who lost his son. We're Americans and we deserve the truth.
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[01:32:57.080 --> 01:33:01.400]  Discounts are based on full roof replacement. I mean, I actually be kidding about chemtrails.
[01:33:02.520 --> 01:33:07.480]  You are listening to the Logos Radio Network. Logosradionetwork.com.
[01:33:07.480 --> 01:33:17.720]  Yeah, who you want to chip? Who you take me for? Free toilet? Who you want to chip?
[01:33:17.720 --> 01:33:23.480]  Me no free toilet. You can't chip me. I'm sick. Don't let them chip you in the morning.
[01:33:23.480 --> 01:33:29.080]  Chip you in the evening. Put a chip in your body. And anyway, you go computer-ready.
[01:33:29.080 --> 01:33:34.280]  You can't hide me, say from nobody. What me say? Chip chip in your mom. Chip in your daddy.
[01:33:34.280 --> 01:33:39.080]  Chip in your grandpa. And they grant me. Chip in on me. Chip in on your baby.
[01:33:39.080 --> 01:33:43.880]  Chip in on your family. World family. Chip in on your dad. And they kept around me.
[01:33:43.880 --> 01:33:48.680]  Chip in on the beef. And you still got E.P. Chip in on the fish. Them all in the sea.
[01:33:48.680 --> 01:33:53.320]  Chip in on the shark. And they reel around me. You and your team. I'm kind of going to chip you crazy.
[01:33:53.320 --> 01:33:59.640]  Okay, we are back. Randy Kelka. We move on radio. And we're talking to Tim in Texas. Tim,
[01:33:59.640 --> 01:34:05.400]  I think we've kind of exhausted this. I need to move along. I've got three more callers
[01:34:06.040 --> 01:34:11.320]  and only two more segments. All right, sir. We'll talk to you later about this.
[01:34:12.120 --> 01:34:19.080]  We can talk tomorrow. Okay. Thank you, Tim. Okay, now we're going to go to Laura in Arizona. Hello,
[01:34:19.080 --> 01:34:26.600]  Laura. Hello, Randy. How are you? I am good. What do you have for us today?
[01:34:26.600 --> 01:34:34.360]  Well, I have another issue with one of my international students.
[01:34:36.040 --> 01:34:43.080]  He got pulled over a couple of weeks ago. He moved to Arizona from Virginia.
[01:34:43.960 --> 01:34:50.920]  And he was pulled over for making an unsafe lane change down the road from school.
[01:34:50.920 --> 01:34:56.280]  And when the deputy ran his international driver's license,
[01:34:58.040 --> 01:35:05.480]  it came back that the license was suspended. But there was no explanation as to why.
[01:35:06.520 --> 01:35:09.720]  So the deputy immediately impounded his vehicle.
[01:35:09.720 --> 01:35:26.200]  Wait a minute. Hold on. Hold on. The country he came from is clearly not a member of the
[01:35:26.200 --> 01:35:32.040]  driver's license compact. But I was wondering that very thing.
[01:35:32.040 --> 01:35:43.400]  So I just wrote an argument over that in Tennessee where they arrested someone because
[01:35:43.400 --> 01:35:49.000]  they ran in CIC on him and found that he had a revocation out of North Carolina.
[01:35:51.000 --> 01:35:56.760]  So they arrested him for driving on a revoked license. But he had a valid license out of Virginia.
[01:35:56.760 --> 01:36:06.920]  The problem, the driver's license compact, there are four states that don't participate
[01:36:06.920 --> 01:36:10.680]  in the driver's license contract. Tennessee is one of them.
[01:36:12.920 --> 01:36:20.120]  And since they don't participate in the compact, they can't charge someone
[01:36:20.120 --> 01:36:31.480]  for violating a foreign country's laws. That's a preemption, goes to the preemption document,
[01:36:31.480 --> 01:36:42.040]  doctorate. So we have a state of Arizona officer charging someone with violating a foreign country
[01:36:42.040 --> 01:36:50.680]  law. How does that work? So okay, the real question is, did he charge him with driving on a revoked
[01:36:50.680 --> 01:37:00.840]  license or did he charge him with driving without a license? No, he charged him with driving on a
[01:37:00.840 --> 01:37:11.640]  suspended license. Perfect. These guys are not the sharpest knives in the drawer. So he charged
[01:37:11.640 --> 01:37:24.760]  this kid with violating a foreign country's law. Yes. Robert Fox, I forget who it is. Robert Fox
[01:37:24.760 --> 01:37:32.040]  was a friend of mine. He just passed away a short while ago. He was driving around with plates on
[01:37:32.040 --> 01:37:42.920]  his car from the kingdom of Israel. He was stopped by some federal agents and they charged him with
[01:37:44.600 --> 01:37:56.120]  driving on counterfeit license plates. They threw him in jail. They get before a federal judge
[01:37:56.120 --> 01:38:08.280]  and federal judge said, you accused Mr. Fox of counterfeiting a license plate from a non-existent
[01:38:08.280 --> 01:38:22.760]  country. Get out of my court. Point was, even if the license plate was from a foreign country
[01:38:22.760 --> 01:38:32.200]  and were counterfeit, you can't charge someone with violating a law from another country.
[01:38:34.200 --> 01:38:39.880]  And so yours is especially good. It is not like Tennessee where Tennessee doesn't
[01:38:40.920 --> 01:38:48.120]  participate in the driver's license compact. Foreign country can't participate in the
[01:38:48.120 --> 01:38:55.880]  driver's license contract. The compact, for those who don't know this, years ago I used to have a
[01:38:56.680 --> 01:39:02.600]  business where I wore trucks and I dealt with a lot of traffic managers and I had one traffic
[01:39:02.600 --> 01:39:09.880]  manager from Hager Slacks who helped to get this legislation passed, the driver's license compact.
[01:39:09.880 --> 01:39:19.160]  He said, I try to hire drivers and I hired this driver and I run his license plate, his driver
[01:39:19.160 --> 01:39:30.840]  license and I don't find anything. But all I can run is Texas. He could have 50 citations from other
[01:39:30.840 --> 01:39:36.600]  states and I don't know. So they put together this driver's license compact where everybody
[01:39:36.600 --> 01:39:49.640]  shares their information with other states. And they agreed that if one state revoked the license,
[01:39:50.200 --> 01:39:56.600]  another state could enforce that revocation of the license. But they had to be a member of the
[01:39:56.600 --> 01:40:05.480]  compact to do that. This gets from a foreign country. They couldn't be a part of the compact
[01:40:05.480 --> 01:40:15.880]  if they wanted to. So how does this officer charge the kid with violating a foreign law?
[01:40:21.880 --> 01:40:28.040]  I don't know. This should get a challenge to subject manager restriction.
[01:40:28.040 --> 01:40:35.800]  This is a very, it's a popular, it's the most unpopular
[01:40:38.280 --> 01:40:43.960]  sheriff's department in the entire state of Arizona, even though we are a small county.
[01:40:45.080 --> 01:40:50.920]  They've done some rather, they've had quite the habit of doing some really unsprupulous things.
[01:40:50.920 --> 01:40:57.720]  They're actually involved. This department alone is involved in four Title 42-1983 cases
[01:40:57.720 --> 01:41:04.360]  right now against different officers. Like I said, they pulled this kid over in town,
[01:41:04.360 --> 01:41:07.880]  you know, right down the street from school, had him in handcuffs right there in the road
[01:41:09.560 --> 01:41:15.560]  and threatened him with jail and the student is limited English. And so he's trying to explain
[01:41:15.560 --> 01:41:19.960]  to me what happened and I'm making phone calls, you know, trying to figure out what's going on
[01:41:19.960 --> 01:41:28.440]  because they've taken, they took his car away. We just got the car released last week.
[01:41:30.440 --> 01:41:34.360]  Oh, and they really don't want to talk to me, the deputy officer.
[01:41:34.360 --> 01:41:38.120]  Oh, bet they don't. And you probably don't want to talk to them.
[01:41:39.000 --> 01:41:43.240]  The hardest thing for them to deal with is the unknown.
[01:41:43.240 --> 01:41:52.840]  Somebody that they can't reason with. I just went to Paris, Tennessee, Tuesday and I asked to see
[01:41:52.840 --> 01:41:59.720]  some records. And the receptionist said, well, you'll have to talk to Officer Culp.
[01:41:59.720 --> 01:42:05.480]  No, ma'am, I would not have to talk to Officer Culp. I want to see your records. I will not talk
[01:42:05.480 --> 01:42:10.440]  to anyone. They waited about 20 minutes to send somebody else out. Well, you'll have to talk to
[01:42:10.440 --> 01:42:16.600]  officer so until some other guy. No, I will not be talking to any officer. You will provide these
[01:42:16.600 --> 01:42:26.440]  records I want to see. They go back. This deputy comes out. He said, who are you? And I held up my,
[01:42:26.440 --> 01:42:36.440]  I had an ID badge on. He said, here it says Randy Kelton. Well, who are you with? I held my badge up.
[01:42:36.440 --> 01:42:44.440]  Randy Kelton. I need to know who you're with. You don't need to know any such thing. You need to go
[01:42:44.440 --> 01:42:49.320]  back there and get to me those records and don't talk to me anymore. You're dismissed. You can go.
[01:42:50.280 --> 01:42:56.200]  And he stood there was shaking. He was so furious because if he could talk to me,
[01:42:57.640 --> 01:43:04.280]  if he could get an interaction going, he could feel like he could take my measure.
[01:43:04.280 --> 01:43:10.520]  But I dismissed him like an errand child. Get lost. Give me my documents. I don't want to talk to you.
[01:43:11.720 --> 01:43:16.280]  They came out a few minutes later with my documents. And whoever brought about it,
[01:43:16.280 --> 01:43:20.360]  I don't know who he was. I said, well, Mr. Kelton, next time you need some of these documents,
[01:43:20.360 --> 01:43:26.840]  you need to give us some notice. No, I don't. Well, Mr. Kelton, we have a policy. I said,
[01:43:26.840 --> 01:43:31.320]  well, that's okay. You can have all the policy you want. You've got a policy. I got a code.
[01:43:31.320 --> 01:43:35.960]  I'll go by the code. The code says you got to give it to me right now. So give it to me right now
[01:43:35.960 --> 01:43:42.440]  and then go away and give me a loan. So they're thinking, who is this guy? We can't talk to him.
[01:43:42.440 --> 01:43:51.160]  We can't deal with him. He's an unknown. And when they have an unknown, they will always assume
[01:43:51.160 --> 01:44:01.160]  much worse than what you're actually there for. So the fact that they won't talk to you is wonderful.
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[01:46:25.640 --> 01:46:50.520]  Okay, we are back. Randy Kelton, Deborah Stevens, rule of law radio, and we're talking to the
[01:46:50.520 --> 01:46:56.680]  lawyer in Arizona. My brother just got here from out of town, and I was talking to him about
[01:46:57.880 --> 01:47:04.280]  the fact that we have a teacher actually standing up and demonstrating to students,
[01:47:04.280 --> 01:47:11.080]  and especially foreign exchange students, how the system really works and the kind of remedy we can
[01:47:11.080 --> 01:47:23.000]  exercise. You are my ideal. So you're kind of in the background. You can sharp shoot these guys.
[01:47:24.840 --> 01:47:33.720]  They don't have any claims against you, but now you have an officer that accused someone of violating
[01:47:33.720 --> 01:47:42.520]  the foreign law, tampering with the government document, aggravated perjury, there's a whole
[01:47:42.520 --> 01:47:49.320]  bunch of stuff you can charge him with. There's nothing he can do about it. One of the things
[01:47:49.320 --> 01:47:57.320]  that I've recently put together, and it's one of those things where you operate from
[01:47:57.320 --> 01:48:07.720]  unstated presuppositions, and it causes you to miss things, a petition for declaratory judgment.
[01:48:09.960 --> 01:48:15.640]  You can file a petition for declaratory judgment, and I'm not sure how it is in Arizona, but it's
[01:48:15.640 --> 01:48:24.520]  probably similar. A petition for declaratory judgment is where you ask the court to declare
[01:48:24.520 --> 01:48:34.440]  the rights of the parties. It does not ask for any harm or damages. When you file a declaratory
[01:48:34.440 --> 01:48:44.040]  judgment suit, there is no immunity, period. Nobody has immunity because you're not asking
[01:48:44.040 --> 01:48:50.360]  for any damages. You're just asking the court to rule on rights of parties. What this does
[01:48:50.360 --> 01:49:02.600]  is forces him into court and gets to discovery. You ask the court to declare that the defendant
[01:49:03.640 --> 01:49:13.080]  had a right to be free from false charges. They could have charged the person with driving
[01:49:13.080 --> 01:49:23.240]  without a valid driver's license, but he didn't do that. He charged him with driving on the suspended
[01:49:23.240 --> 01:49:33.160]  license. Well, the only way he could do that is if the license was from a state participating
[01:49:33.160 --> 01:49:38.920]  in the driver's license compact, and Arizona was participating in the driver's license contract,
[01:49:38.920 --> 01:49:45.000]  and they were. That way he could charge him on driving with a suspended license, but
[01:49:46.440 --> 01:49:50.680]  whatever country he's from is not a member of that compact, so he can't charge him with that.
[01:49:51.320 --> 01:49:59.160]  He made the wrong charge. The problem with that is he's wearing a pistol.
[01:49:59.160 --> 01:50:08.840]  The officer took advantage of the fact that he was prominently displaying a deadly weapon,
[01:50:08.840 --> 01:50:15.960]  and he arrested this child for something he had no authority to arrest his child for.
[01:50:17.480 --> 01:50:27.080]  In Texas, first degree felony aggravated assault. I'm not sure what it is in Arizona,
[01:50:27.080 --> 01:50:34.920]  but it's going to be a serious crime. These officers forget when they strap that pistol on
[01:50:34.920 --> 01:50:44.840]  their hip. They strap on a serious responsibility. This child could not object to the improper
[01:50:44.840 --> 01:50:51.480]  actions of the officer because the officer was prominently displaying a deadly weapon,
[01:50:51.480 --> 01:50:56.920]  but none of our children should be subjected to that kind of abuse.
[01:50:59.560 --> 01:51:04.520]  So, I'm going to stop preaching now. What do you want to do?
[01:51:06.040 --> 01:51:10.040]  Well, I guess, do you know how would I find out who has
[01:51:12.760 --> 01:51:19.880]  jurisdictions over international driver's licenses? Would it be like the Department of State?
[01:51:19.880 --> 01:51:26.200]  I think nobody in this, we do have an international compact
[01:51:28.200 --> 01:51:34.760]  where someone who is legally in this country and has a valid foreign license,
[01:51:35.640 --> 01:51:39.480]  that this country will honor that foreign license.
[01:51:41.400 --> 01:51:45.800]  So, in this case, he didn't have a valid foreign license.
[01:51:45.800 --> 01:51:53.560]  Then the officer could have charged him for driving without a valid driving license,
[01:51:54.760 --> 01:52:01.480]  but he didn't. He charged him with violating the law from the country he was from.
[01:52:03.560 --> 01:52:05.320]  He don't have the authority to do that.
[01:52:08.600 --> 01:52:11.160]  So, does that make sense?
[01:52:11.160 --> 01:52:16.520]  It does, and I guess to back up a little bit,
[01:52:19.000 --> 01:52:25.240]  what the officer told the student is that when the student, prior to relocating to Arizona,
[01:52:25.240 --> 01:52:32.200]  the student was attending a school in Virginia, and he said, all I can tell you is it's a Virginia
[01:52:32.200 --> 01:52:37.560]  Department of Motor Vehicles suspended license, and you'll have to work it out with them to
[01:52:37.560 --> 01:52:44.120]  figure out why. I don't know why, but you have a suspended license, even though it's international.
[01:52:44.120 --> 01:52:51.400]  That is a different issue. Now the officer is within his authority,
[01:52:54.200 --> 01:52:58.120]  because it was Virginia who suspended his license privileges,
[01:52:58.120 --> 01:53:06.920]  and not the foreign country. And Virginia does participate in the driver's license compact.
[01:53:08.600 --> 01:53:09.880]  With foreign countries?
[01:53:11.720 --> 01:53:18.200]  No, no. He had a suspended driving privilege in Virginia.
[01:53:18.200 --> 01:53:29.560]  See, the kid I've got in jail in Clarksville was cited for driving on an invalid license,
[01:53:29.560 --> 01:53:33.240]  because North Carolina had suspended his driving privileges.
[01:53:36.040 --> 01:53:43.320]  And based on that, they charged him with driving without a valid driver's license.
[01:53:43.320 --> 01:53:49.320]  Now, that would have worked if Tennessee was part of the compact. In this case,
[01:53:49.320 --> 01:53:55.400]  it wasn't the foreign country that suspended his license privileges. It was Virginia that
[01:53:55.400 --> 01:54:03.800]  suspended his privilege to drive in Virginia. And since Virginia and Arizona are both members
[01:54:03.800 --> 01:54:14.440]  of the compact, then Arizona can enforce the driving restriction from Virginia.
[01:54:16.520 --> 01:54:23.640]  So in this case, the cop was right. When he first started, I thought he would,
[01:54:23.640 --> 01:54:26.600]  the home country had suspended, but it wasn't.
[01:54:26.600 --> 01:54:34.200]  No, no, it was, he came to, he first entered the United States in Virginia with his international
[01:54:34.200 --> 01:54:43.080]  driver's license. And we don't know why Virginia suspended that international driver's license,
[01:54:43.080 --> 01:54:49.320]  because when we call the DMV, they can find no record of the student.
[01:54:49.320 --> 01:55:00.840]  Okay, then how did this officer know that, okay, what I suggest is you talk to a private
[01:55:00.840 --> 01:55:06.600]  investigator. I just had someone do that. The guy charged him like 25 bucks and ran a DMV.
[01:55:07.720 --> 01:55:16.520]  Run a DMV from Virginia and see what you find and run a DMV from Arizona and see what you find.
[01:55:16.520 --> 01:55:22.280]  This could be a clerical error. Okay.
[01:55:25.240 --> 01:55:33.960]  Important to do your homework. What did this officer see that gave him reason to believe
[01:55:33.960 --> 01:55:41.560]  this child had a revoked license from Virginia? If when you search, you check with Virginia,
[01:55:41.560 --> 01:55:48.760]  they don't know anything about it. Yeah, what the officer told the student was on
[01:55:48.760 --> 01:55:55.560]  his laptop that's installed in his patrol vehicle. He came back and he told the student,
[01:55:55.560 --> 01:56:03.320]  he says your license is suspended. Okay, the first thing you want to do is run a DMV
[01:56:03.320 --> 01:56:12.040]  from Arizona and then run a DMV from Virginia and see what comes back.
[01:56:13.400 --> 01:56:22.600]  Okay. That'll tell you, you want to see what the officer actually saw and if these two aren't
[01:56:22.600 --> 01:56:30.760]  conclusive, then you run an NCIC. The NCIC, the only thing this officer could have ran
[01:56:30.760 --> 01:56:42.440]  was an Arizona DMV or an NCIC. Now you'll know what he looked at. If there's a notice of Virginia
[01:56:42.440 --> 01:56:48.360]  revoking his license privileges, then you run a DMV from Virginia and you don't find that
[01:56:48.360 --> 01:56:58.760]  notice of revocation, then somewhere there's a clerical error. Okay. And then the child can come
[01:56:58.760 --> 01:57:05.640]  back and while he doesn't have a claim against the officer, he has a claim against the state.
[01:57:08.520 --> 01:57:15.560]  Fossil imprisonment is the one thing for which all states waive their sovereign immunity.
[01:57:19.400 --> 01:57:24.520]  Could have been an honest mistake, tough. You don't get to make that mistake.
[01:57:24.520 --> 01:57:32.440]  So he can then take an action against the state of Arizona and it would be a great
[01:57:32.440 --> 01:57:39.480]  experience for him. Take them on. When you come after them,
[01:57:41.080 --> 01:57:44.440]  get the whole different animal than when they come after you.
[01:57:44.440 --> 01:57:52.040]  And for the child, it would be a great experience to take on the state of Arizona.
[01:57:55.720 --> 01:58:01.720]  And I'll help him do it. Let me know. Give me the details and I'll help him construct some documents.
[01:58:03.800 --> 01:58:07.800]  Okay. I can send you an email. Yeah, that would be great fun.
[01:58:07.800 --> 01:58:16.440]  It is. When you're the plaintiff, when you're going after them,
[01:58:17.720 --> 01:58:20.840]  now you get to watch them do this little chicken dance where they
[01:58:21.480 --> 01:58:29.000]  start shifting from one foot to the other and try to find a way to get you to not be so mean to them.
[01:58:29.000 --> 01:58:38.520]  We just had a case drop today where they took them on and caught the officers lying like dogs.
[01:58:39.480 --> 01:58:43.480]  And they got to watch prosecutor do this little chicken dance all day,
[01:58:44.120 --> 01:58:47.640]  trying to find a way to protect his officers from being prosecuted.
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