[00:00.000 --> 00:07.000]  The following news flash has brought to you by the low start of lowdown, providing the
[00:07.000 --> 00:15.000]  Delhi bulletins for the commodity market, today in history, news updates, and the inside
[00:15.000 --> 00:23.660]  scoop into the tides of the alternative.
[00:23.660 --> 00:29.640]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce.
[00:29.640 --> 00:36.640]  Over $16.68 an ounce, Texas crude $65.51 a barrel, bitcoins at $6,902.19, ethereum's
[00:36.640 --> 00:55.640]  at $420.80, bitcoin cash is at $652.90, and finally light coins at $114.34, a crypto coin.
[00:55.640 --> 01:02.640]  Today in history, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act of 1968,
[01:02.640 --> 01:08.640]  which prohibited private businesses from discriminating based on race, color, religion, sex, or national origin.
[01:08.640 --> 01:13.640]  It also prohibited unequal application of voter registration requirements, racial segregation
[01:13.640 --> 01:18.640]  in public schools, in employment, and public accommodations for places of business.
[01:18.640 --> 01:28.640]  In recent news, tensions in Syria seem to reach new levels after a chemical attack on civilians
[01:28.640 --> 01:32.640]  in the city of Douma, which left 40 dead and many injured, an attack which is being blamed
[01:32.640 --> 01:37.640]  on the democratically elected president of Syria, Bashar al-Assad, by the United States,
[01:37.640 --> 01:42.640]  and on Israel by Russia, either accusatory narrative without any verified evidence as of yet.
[01:42.640 --> 01:48.640]  President Trump tweeted today, Wednesday, that if, quote, Russia vows to shoot down any and all missiles fired at Syria,
[01:48.640 --> 01:52.640]  get ready, Russia, because they will be coming in nice and new and smart.
[01:52.640 --> 01:57.640]  Going on to warn Russia that you shouldn't be partners with a gas-killing animal who kills his people and enjoys it.
[01:57.640 --> 02:02.640]  Many in the West, including President Trump, have been quick to conclude that this chemical attack
[02:02.640 --> 02:05.640]  must have been conducted by Assad and his forces.
[02:05.640 --> 02:12.640]  Syria and Russia, on the other hand, have given approval since yesterday for the organization for the prohibition of chemical weapons
[02:12.640 --> 02:14.640]  to investigate the side of the chemical slaughter.
[02:14.640 --> 02:19.640]  Assad has been successful in maintaining rule and support during Syria's seven-year civil war,
[02:19.640 --> 02:25.640]  a civil war that is being fought by the government of Syria and anti-Assad Syrian rebels that are openly being funded
[02:25.640 --> 02:31.640]  by Western governments, with ISIS being one of the more notorious splinter groups of the American-backed Syrian rebels.
[02:31.640 --> 02:37.640]  Now, surprise then why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook
[02:37.640 --> 02:41.640]  that smart missiles should be fired at terrorists and not at a legitimate government,
[02:41.640 --> 02:43.640]  which has been fighting terrorists.
[02:43.640 --> 02:47.640]  Or is this a trick to destroy all traces with a smart missile strike,
[02:47.640 --> 02:50.640]  and then there will be no evidence for international inspectors to look at?
[02:50.640 --> 02:59.640]  This was Kirk Rody with your lowdown for April 11, 2018.
[03:21.640 --> 03:26.640]  What are you going to do?
[03:26.640 --> 03:29.640]  Bad boys, bad boys, what are you going to do?
[03:29.640 --> 03:31.640]  What are you going to do when they come for you?
[03:31.640 --> 03:34.640]  Bad boys, bad boys, what are you going to do?
[03:34.640 --> 03:37.640]  What are you going to do when they come for you?
[03:37.640 --> 03:40.640]  When you were eight and you had bad traits,
[03:40.640 --> 03:42.640]  we're going to school and learn the golden rules.
[03:42.640 --> 03:45.640]  So why are you acting like a bloody fool?
[03:45.640 --> 03:50.640]  Bad boys, bad boys. What you gonna do?
[03:50.640 --> 03:52.640]  What are you going to do when they come for you?
[03:52.640 --> 03:55.640]  Bad boys, bad boys. What are you going to do?
[03:55.640 --> 03:58.640]  What are you going to do when they come for you?
[03:58.640 --> 03:59.640]  You're chocolate done, that's one.
[03:59.640 --> 04:00.640]  You're chocolate done, this one.
[04:00.640 --> 04:01.640]  You're chocolate done your mother,
[04:01.640 --> 04:02.640]  you're chocolate done your father,
[04:02.640 --> 04:03.640]  you're chocolate done your brother,
[04:03.640 --> 04:04.640]  you're chocolate done your sister,
[04:04.640 --> 04:05.640]  you're chocolate done that's one.
[04:05.640 --> 04:06.640]  Sesame baby.
[04:06.640 --> 04:09.640]  Bad boys, bad boys, what are you going to do?
[04:09.640 --> 04:24.060]  Okay, howdy howdy, Randy Kelton, Rue LeVeaux Radio.
[04:24.060 --> 04:38.120]  On this Friday, the 27th day of April 2018, we'll turn the caller page on, the call bridge
[04:38.120 --> 04:40.960]  on as soon as we get it up.
[04:40.960 --> 04:46.360]  Right now we don't have one, we're having some technical difficulties with our bridge
[04:46.360 --> 04:54.320]  tonight and I'm hoping that I don't have to bail out, if we can't get this thing off
[04:54.320 --> 04:58.880]  I'm not sure what we'll do, but we'll run the show as long as we can.
[04:58.880 --> 05:05.640]  I addressed something last night and I was surprised I got a response, a better response
[05:05.640 --> 05:10.560]  than I anticipated and I told about the traffic site.
[05:10.560 --> 05:21.080]  I have the traffic site ready to bring up, but I am concerned.
[05:21.080 --> 05:29.360]  The tools that I'm crafting, the closer I get to implementing it, the more profound it
[05:29.360 --> 05:32.200]  appears to be.
[05:32.200 --> 05:41.680]  And I am concerned that if I implement and launch the traffic site, and we almost immediately
[05:41.680 --> 05:47.360]  shut down traffic enforcement in the state, when judges start getting criminal charges
[05:47.360 --> 05:55.360]  against them and prosecutors and everybody involved, and the last implementation will
[05:55.360 --> 05:59.080]  be a writ of mandamus.
[05:59.080 --> 06:06.200]  If I do all of this, good chance everybody's going to start looking at what I'm doing and
[06:06.200 --> 06:13.360]  there's going to be somebody out there that's pretty sharp and he's going to figure it out.
[06:13.360 --> 06:23.080]  The problem I have with the process is it's not that technically difficult and if I get
[06:23.080 --> 06:29.240]  someone who is really technically savvy, they'll be able to figure out what I'm doing.
[06:29.240 --> 06:33.960]  Not necessarily how I create the questionnaires.
[06:33.960 --> 06:41.840]  That's somewhat complex and it's not something that's available through any of my sites.
[06:41.840 --> 06:47.880]  I've talked about part of it on the air, but just a brief part about it and I really haven't
[06:47.880 --> 06:53.360]  gotten into the technical sophistication of how I actually do it.
[06:53.360 --> 07:02.080]  So it would take them a few months to figure that part out, but even if they didn't produce
[07:02.080 --> 07:06.920]  it as effectively as I'm doing, they would still be able to produce one.
[07:06.920 --> 07:13.840]  And then what they're likely to do, if it's someone with access to deep pockets, they
[07:13.840 --> 07:20.240]  can move in and swallow me and take the whole thing away from me and then it'll wind up
[07:20.240 --> 07:28.000]  in the hands of someone who doesn't have the intended ultimate outcome in mind that I do
[07:28.000 --> 07:32.480]  and my ultimate outcome is not to make a lot of money with this.
[07:32.480 --> 07:39.200]  I mean, it won't hurt my feelings if I do, but my primary purpose is to force all of
[07:39.200 --> 07:45.640]  the judges in the country to start to follow the law the way it's written and stop doing
[07:45.640 --> 07:51.720]  whatever they feel like doing just because it's administratively convenient.
[07:51.720 --> 08:03.360]  So in order to keep control of this process and not lose it to someone who will use it
[08:03.360 --> 08:09.480]  in a way that won't lead toward my intended outcome, I have to be careful about how I
[08:09.480 --> 08:10.480]  launch this thing.
[08:10.480 --> 08:19.880]  Some of the last additions and innovations that I'm making to it are just increasing
[08:19.880 --> 08:24.000]  how profound it will be.
[08:24.000 --> 08:28.960]  I'm waiting for the call boards to come up, so I'll just keep going on this.
[08:28.960 --> 08:36.640]  I've been doing some research for other cases and I'm finding things that are very applicable.
[08:36.640 --> 08:43.400]  One of the problems we have been having is we prepare all these documents, we file them
[08:43.400 --> 08:49.600]  with the court, the prosecutor doesn't respond to them, and the court just blows them off
[08:49.600 --> 08:52.200]  and dismisses everything.
[08:52.200 --> 08:56.840]  Well, the problem is how you deal with that.
[08:56.840 --> 09:03.680]  What do you do when the court just ignores everything that you file?
[09:03.680 --> 09:11.080]  That's been an issue of how we handle that, but I think I've kind of got that and it
[09:11.080 --> 09:15.120]  goes to Ritter-Mandamus primarily.
[09:15.120 --> 09:25.600]  In the second circuit in Fort Worth last year, Ritter-Mandamus's were filed, but I don't
[09:25.600 --> 09:34.040]  have last year, I think 2015 is the last I have and there were 70 some odd, and in one
[09:34.040 --> 09:36.640]  year there were 90, in another year there were 80.
[09:36.640 --> 09:44.200]  It averages out to a little over 80 petitions for Ritter-Mandamus a year are filed with
[09:44.200 --> 09:53.960]  the Court of Appeals here in Tarrant County, so it's likely to be similar elsewhere.
[09:53.960 --> 10:01.960]  That was remarkable that there are so few, and then only about 10 to 15% of those are
[10:01.960 --> 10:11.000]  actually approved or granted, most of them are denied, but the ones that tend to be granted
[10:11.000 --> 10:18.440]  and the ones that the court look toward are the ones that go to subject matter jurisdiction,
[10:18.440 --> 10:28.640]  generally the courts in reading the literature about mandamuses, the literature reminds lawyers
[10:28.640 --> 10:37.840]  that the Court of Appeals is very busy, their docket stays very full, and they very much
[10:37.840 --> 10:48.360]  don't like to get petitions for Ritter-Mandamus over minor or irrelevant issues.
[10:48.360 --> 10:57.360]  They don't want to be asked to rule on an issue that won't have any impact on the adjudication
[10:57.360 --> 11:07.800]  of the case, and apparently most of the petitions they get are of that nature and they get dismissed.
[11:07.800 --> 11:18.280]  The two areas where the courts tend to accept and give effective rulings are on discovery,
[11:18.280 --> 11:24.080]  because in discovery, if you're denied discovery, the courts have ruled that you have no adequate
[11:24.080 --> 11:33.920]  remedy in law, because you have to go through the adjudication process and you don't have
[11:33.920 --> 11:41.100]  the information you need to properly address your case, so you're being forced to spend
[11:41.100 --> 11:46.760]  all the time and money it takes to adjudicate a case when you don't have the information
[11:46.760 --> 11:51.080]  you need, so they say there's no remedy, no adequate remedy in law.
[11:51.080 --> 11:55.080]  The other one is subject matter jurisdiction.
[11:55.080 --> 12:05.280]  Subject matter jurisdiction does not require a showing of no adequate remedy in law as
[12:05.280 --> 12:12.680]  subject matter jurisdiction goes to avoid judgment, and avoid judgment leaves you with
[12:12.680 --> 12:20.480]  no adequate remedy as a matter of law, so in our case we're going for avoid judgment,
[12:20.480 --> 12:28.400]  and essentially what the case goes to, what this situation goes to, especially in traffic,
[12:28.400 --> 12:37.600]  is when we file all these documents, the prosecutor doesn't respond to them, and we have had prosecutors
[12:37.600 --> 12:46.960]  say well I have no duty to respond, and we say okay, you're right, you don't, and when
[12:46.960 --> 12:53.120]  that came up I knew this was wrong, I knew there was a consequence for not responding
[12:53.120 --> 12:58.640]  to a motion or a pleading, but I haven't found it yet.
[12:58.640 --> 13:06.840]  Well now I have, and here's what the courts have said, assertions of fact, not pledging
[13:06.840 --> 13:14.240]  the alternative in the live pleadings of a party are regarded as formal judicial admissions.
[13:14.240 --> 13:24.920]  Houston First American Savings v. Musac, formal judicial admissions, and then we go on down
[13:24.920 --> 13:35.160]  to a judicially admitted fact is established as a matter of law, and the admitting party
[13:35.160 --> 13:46.400]  may not dispute it or introduce evidence contrary to it, Peck v. Peck. Well that means that
[13:46.400 --> 13:55.680]  if the prosecutor fails to respond to a pleading, that he cannot come into court and argue against
[13:55.680 --> 14:02.160]  the facts in the pleading. The court has to accept the facts in the pleading as judicially
[14:02.160 --> 14:12.600]  established, and if the facts are sufficient as pled to establish a claim, then the court
[14:12.600 --> 14:23.480]  has no option but to rule in your favor. So the other issue goes to the judge. The judge
[14:23.480 --> 14:35.240]  has, I'm trying to look for the case, a judge has no discretion when it comes to the facts.
[14:35.240 --> 14:45.600]  The judge must properly apply the law to the facts. Failure to do so is a due process violation
[14:45.600 --> 14:53.760]  subject to extraordinary remedy. Extraordinary remedy means mandamus. So here we're claiming
[14:53.760 --> 15:00.720]  that the judge failed to properly apply the law to the facts because he didn't read the
[15:00.720 --> 15:07.720]  pleading, and just denied the pleading out of hand. And if the judge allowed the prosecutor
[15:07.720 --> 15:13.640]  to say anything concerning the pleading, then the prosecutor was subject to collateral
[15:13.640 --> 15:27.480]  stoppable, and the judge denied by that allowance denied the plaintiff in due process. So when
[15:27.480 --> 15:36.520]  the judge denies you in due process, that is a class A misdemeanor in the state of Texas.
[15:36.520 --> 15:43.320]  If a public official fails to perform a duty he's required to perform, or exerts or purports
[15:43.320 --> 15:47.040]  to exert an authority he does not expressly have, but in the process denies a citizen
[15:47.040 --> 15:53.280]  for free access to or enjoyment of a right. That's a class A misdemeanor the way I read
[15:53.280 --> 16:05.880]  the code. So we file criminally against the judge. I don't make him happy. And then once
[16:05.880 --> 16:11.640]  we start filing, this is why I'm concerned. And we file criminally against the judge and
[16:11.640 --> 16:18.080]  then we petition the county court for a writ of mandamus, ordering the judge to render
[16:18.080 --> 16:21.840]  a proper ruling on the pleadings. Now the judge is in a position of where he has to
[16:21.840 --> 16:31.000]  actually read the pleadings. And they absolutely do not want to read over 100 pages of pleadings.
[16:31.000 --> 16:37.720]  So if we do that, you know, if I open this door, I do that as the first couple of judges.
[16:37.720 --> 16:41.200]  Every judge in the state is going to know about it. And then everybody's going to be
[16:41.200 --> 16:45.760]  looking at me and I'm likely to have some big deep pockets come and swallow me. Hang
[16:45.760 --> 16:51.680]  on, about to go to break, Randy Kelton, move the radio. I won't give out the call in number
[16:51.680 --> 16:53.880]  across the car boards down. We'll be right back.
[16:53.880 --> 17:11.240]  Oh, hi, Cookie Munchers. No, these are yucky cookies. You can't even eat these cookies.
[17:11.240 --> 17:18.560]  These are cyber cookies. No, they are cyber cookies and they clog up your computer. Really?
[17:18.560 --> 17:26.120]  Oh, that's an actual apple. Yummy apple. I'm going to throw away these yucky cookies
[17:26.120 --> 17:32.600]  in the trash. I click control, shift, delete, and then scroll down to cookies and clear
[17:32.600 --> 17:38.160]  them. Bye bye, yucky cookies. Now I go to logosradionetwork.com and I click
[17:38.160 --> 17:43.760]  on the Amazon box on the upper right hand side, bookmark the link, and I can go to Amazon
[17:43.760 --> 17:49.600]  through this link and order you some yummy new cookie. No cookies for me. Consider it
[17:49.600 --> 17:54.440]  an early Christmas present. And every time I order on Amazon, I go through this link
[17:54.440 --> 17:59.240]  and I give a little present to this radio network too. These are cookies. They look like
[17:59.240 --> 18:02.800]  a bite. Are you being harassed by debt collectors with
[18:02.800 --> 18:08.240]  phone calls, letters, or even lawsuits? Stop debt collectors now with the Michael Meara's
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[18:18.360 --> 18:23.800]  in court using federal civil rights statutes, what to do when contacted by phone, mail,
[18:23.800 --> 18:28.160]  or court summons, how to answer letters and phone calls, how to get debt collectors out
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[18:39.320 --> 18:44.760]  Federal consultation is available as well. For more information, please visit ruleoflawradio.com
[18:44.760 --> 18:50.120]  and click on the blue Michael Meara spanner or email Michael Meara's at yahoo.com. That's
[18:50.120 --> 18:59.560]  ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[18:59.560 --> 19:11.000]  now.
[19:11.000 --> 19:30.760]  Okay, we are back. Randy Kelton, Deborah Stevens. No, Deborah Stevens is not here tonight.
[19:30.760 --> 19:37.200]  Randy Kelton, rule of law radio and we've got the call bridge is up. The call bridge
[19:37.200 --> 19:48.080]  is on. The call in number 512-646-1984. We'll be taking your calls all night. And if Ken's
[19:48.080 --> 19:52.400]  out there, I'm going to give, Ken's going to be coming on the next segment and we've
[19:52.400 --> 19:56.920]  got some issues you want to talk about and I'm going to, Ken Magnuson, I'm going to
[19:56.920 --> 20:03.000]  send him to get him up on the call bridge. Okay, we've already got a caller, Ken from
[20:03.000 --> 20:10.080]  New York. Hello, Ken. What do you have for us today?
[20:10.080 --> 20:15.240]  I have two questions. The first question is about a donation. I already have a copy of
[20:15.240 --> 20:20.760]  your book. I'd like to make another donation, but I'd like to give the book to a friend
[20:20.760 --> 20:23.280]  of mine. It would help you.
[20:23.280 --> 20:27.680]  Oh, that's wonderful.
[20:27.680 --> 20:34.000]  Can I just do that by making an instruction in the PayPal, a comment? Yeah, yeah. Okay,
[20:34.000 --> 20:35.000]  good.
[20:35.000 --> 20:40.560]  Just send me an email of where to send it and I'll forward that to Deborah.
[20:40.560 --> 20:46.920]  Okay. When I do the PayPal, they usually give a comment, so I'll do that first and then
[20:46.920 --> 20:54.240]  I'll send you an email. That's something I remember too.
[20:54.240 --> 21:00.680]  Well, I know a guy that can tell you what vitamins and such to take that'll help improve
[21:00.680 --> 21:01.680]  your memory.
[21:01.680 --> 21:07.960]  Well, I knew a guy, but I forgot who it was.
[21:07.960 --> 21:13.720]  Yeah. I think the problem is having too many interests with too many little things going
[21:13.720 --> 21:18.560]  out at the same time. Maybe it's an attention deficit problem. Maybe I need a supplement
[21:18.560 --> 21:19.560]  for that.
[21:19.560 --> 21:31.400]  Welcome to my world. Yeah. The other question I have is about your reservations about releasing
[21:31.400 --> 21:39.000]  the program. Have you ever considered filing for a patent? Not so much for the patent itself,
[21:39.000 --> 21:44.480]  but just for the purpose of saying patent applied for patent pending?
[21:44.480 --> 21:58.280]  Absolutely not. No. No patent, no copyright. Here's the issue. The process is not likely
[21:58.280 --> 22:08.080]  to be patentable because what I'm doing is not exactly technologically sophisticated.
[22:08.080 --> 22:15.360]  What I'm doing could have been done 40 years ago. The only restriction was enough memory
[22:15.360 --> 22:22.000]  space and fast enough systems to be able to deliver these questionnaires, but it could
[22:22.000 --> 22:24.880]  have been done.
[22:24.880 --> 22:37.560]  So the biggest problem with a copyright application or a patent application would be that I would
[22:37.560 --> 22:40.920]  have to tell them the details of how I do this.
[22:40.920 --> 22:48.720]  Okay. I have another question. The question is, while it's pending, is it published?
[22:48.720 --> 22:58.200]  No. I'm not sure what you mean by published.
[22:58.200 --> 23:04.320]  Well, you would only be publishing it to the patent office as opposed to it would not
[23:04.320 --> 23:09.920]  be searchable. I've done that.
[23:09.920 --> 23:19.680]  I had a friend that used to, they bought companies and they helped to finance projects. I got
[23:19.680 --> 23:25.640]  contacted by the guy who wrote Java. I don't remember what his name is now. The one that
[23:25.640 --> 23:40.920]  sold it to Oracle. He was writing a program on AutoCAD where you could lay in the floor
[23:40.920 --> 23:48.040]  plan of a house and the program would grow the house. You could lay in where you wanted
[23:48.040 --> 23:56.240]  all your receptacles and light fixtures and it would lay out your wiring, your ducting,
[23:56.240 --> 24:04.840]  everything to the code of where the building was. If you wanted to move a light fixture,
[24:04.840 --> 24:11.920]  it would tell you what vents and such you had to move in order to meet code. And the
[24:11.920 --> 24:19.080]  guy can ask him if he had patented it. He said, yes. He said, I can't help you. We won't
[24:19.080 --> 24:25.840]  touch it if it's patented. The reason being is there's Chinese guys sitting down at the
[24:25.840 --> 24:32.000]  patent office waiting for you to file something. Within 20 minutes, they'll have that in China
[24:32.000 --> 24:38.760]  and they'll be producing it in violation of your patent in China. So it would be worthless.
[24:38.760 --> 24:48.120]  So you're thinking that just the act that it'll be given up inside the patent office
[24:48.120 --> 24:55.960]  itself? Oh, yeah. It's public. What you file as a patent becomes public immediately and
[24:55.960 --> 25:01.240]  I could potentially sue them, but big deal. That's going to take years and a fortune I
[25:01.240 --> 25:06.840]  don't have. So the best thing I can do is keep this close to the best how I actually
[25:06.840 --> 25:14.480]  do it and then launch this thing. And I got six months before somebody could come in with
[25:14.480 --> 25:20.480]  a competing product and then they'd have to have really deep pockets to get that done.
[25:20.480 --> 25:32.160]  So my best shot is get my background data completed. I've got the software put together.
[25:32.160 --> 25:41.320]  Now I have to apply the data to the software and that's the big job. Once I have the 21
[25:41.320 --> 25:49.840]  areas of legal specialization in questionnaire format, then I can launch the whole thing.
[25:49.840 --> 25:55.000]  And then I got six months to grab my piece of the market and I have some marketing strategies
[25:55.000 --> 26:04.160]  to do that with. So my only hope of getting this launched and successful is to get it
[26:04.160 --> 26:13.760]  out there before everybody else does. And right now I'm looking for a protector. I'm
[26:13.760 --> 26:24.480]  looking to make this available to a 100 plus lawyer law firm. I go in and I capture the
[26:24.480 --> 26:30.200]  expertise of all of their experts and use this tool to automate their systems. At the
[26:30.200 --> 26:36.080]  same time I'm doing that, I'm building my backside databases. And then I give this law
[26:36.080 --> 26:45.560]  firm a portion of the product so that if someone else tries to swallow me, I've got a shark
[26:45.560 --> 26:53.200]  in my corner. It can hold the big sharks away until I get this thing fully launched. It's
[26:53.200 --> 27:01.920]  not enough to have a good idea. You've got to be really smart. The better your idea is,
[27:01.920 --> 27:10.560]  the more dangerous it gets. Because it is predatory out there. So I've actually revealed
[27:10.560 --> 27:23.160]  more on the air than was really good for the project. But I'm trying to keep people enthusiastic
[27:23.160 --> 27:31.080]  about it. It lets you know that there is something coming that will give you the ability to actually
[27:31.080 --> 27:37.800]  take these guys on. So be patient. It's a struggle for me. I've been 10 years talking
[27:37.800 --> 27:42.960]  about this thing. I really get tired of talking about the fact that I've got this thing almost
[27:42.960 --> 27:51.880]  ready. I don't have to say that anymore. It's done. It's ready. But I cannot allow myself
[27:51.880 --> 28:01.800]  to get anxious. And by getting anxious, get careless. One slip here and I can be toast.
[28:01.800 --> 28:10.480]  10 years of work down the drain. The guy who developed Bufford aspirin took it to the
[28:10.480 --> 28:17.920]  Bayer company and they swallowed him. He died penniless. And it made them an incredible
[28:17.920 --> 28:27.080]  fortune. You would have thought they would have threw him a bone but they gave him nothing.
[28:27.080 --> 28:34.720]  These guys are absolutely ruthless. So I'm being careful.
[28:34.720 --> 28:45.160]  To use a, well, in the past I've worked with people that have introduced products and typically
[28:45.160 --> 28:50.240]  a physical product would actually make something. The idea is if you don't want a patent and
[28:50.240 --> 28:59.840]  you try to flood the market, get in, get out and you make your money and that sort of thing.
[28:59.840 --> 29:08.080]  If you want a pipe wrench that is absolutely the best pipe wrench made, ask any plumber
[29:08.080 --> 29:18.440]  and he'll tell you real fast which one that is. It's rigid. It is by far unquestionably
[29:18.440 --> 29:22.840]  the best product on the market. Now it may not be any better than a bunch of others out
[29:22.840 --> 29:32.360]  there but they got out there and built a name and anybody else who comes out there with
[29:32.360 --> 29:37.320]  a pipe wrench and tries to compete with rigid, they're going to have to make one better than
[29:37.320 --> 29:43.760]  rigid and that's going to be hard to do. You might be able to but it won't be enough better
[29:43.760 --> 29:51.280]  to get over their reputation and that's what I need. Hang on, Randy Kelton, we'll be right
[29:51.280 --> 30:02.600]  back.
[30:02.600 --> 30:07.360]  New frequency microchips are often used to track products as they make their way to stores
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[32:01.760 --> 32:07.160]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar. In today's America,
[32:07.160 --> 32:10.160]  we live in an us against them society and if we the people are ever going to have a
[32:10.160 --> 32:14.160]  free society, then we're going to have to stand and defend our own rights. Among those
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[32:57.480 --> 33:04.480]  have free society we all want and deserve.
[33:04.480 --> 33:11.480]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:11.480 --> 33:24.480]  Yeah, I got that one rent and I'm going to solve that to the end of the month then.
[33:24.480 --> 33:40.720]  Okay, we are back. Randy Kelton at Rule of Law Radio and we're talking to Ken in New
[33:40.720 --> 33:46.240]  York. Go ahead, Ken.
[33:46.240 --> 33:52.040]  That's about it for tonight. I just want to let you know you sound good on the, I'm
[33:52.040 --> 33:56.560]  listening to you on the internet, but while I'm on the phone here, it sounds choppy so
[33:56.560 --> 34:02.880]  I don't know if it's me or you or anything to do with you. But other than that, you know,
[34:02.880 --> 34:08.960]  your transmission is clear and it's pretty unusual. It's never happened before. And also
[34:08.960 --> 34:14.400]  the commercial sounds choppy. I have a VOIP and I've been using it during the night. It
[34:14.400 --> 34:21.520]  seems to be okay over here. But that's pretty much it. That's all I had to say.
[34:21.520 --> 34:28.520]  Okay, I can't tell. You sound, you sound good to me.
[34:28.520 --> 34:35.160]  It's only on my reception then. Okay, well, you know, none the less. Thank you and...
[34:35.160 --> 34:41.600]  Hold on. Hold on just a second. Let me pull up another screen I've got here. Okay, talk
[34:41.600 --> 34:42.600]  to me.
[34:42.600 --> 34:46.640]  Testing one, two, three, four, five, six, seven, eight.
[34:46.640 --> 34:54.480]  Okay, I'm not getting a very strong signal from Skype, so I suspect it's your side. My
[34:54.480 --> 35:00.560]  signal is coming in going through strong on Skype, but I can't tell for sure.
[35:00.560 --> 35:04.240]  I have DSL on top of wire.
[35:04.240 --> 35:15.000]  Oh, okay, that's a problem. If you can get double wind, it will be much, much better.
[35:15.000 --> 35:22.200]  This is the first time it ever happened. Usually it's clear both ways on the phone with you.
[35:22.200 --> 35:29.240]  Your general DSL speed will be much better if you... You need to see if the phone company
[35:29.240 --> 35:35.680]  has double wind coming to your house. And if you have copper inside, if you can replace
[35:35.680 --> 35:40.720]  that with a double wind, you'll see a dramatic increase in speed.
[35:40.720 --> 35:48.920]  Oh, okay. Right now, it's supposed to be 128K bits, the phone service part of it. It's
[35:48.920 --> 35:53.400]  going through a router. But anyway, it may just be on my end.
[35:53.400 --> 35:54.400]  Okay.
[35:54.400 --> 35:59.800]  Thank you. And I'll take care of the other stuff tomorrow morning. I'll do the pay bills.
[35:59.800 --> 36:03.160]  I'll go back to listening. Thank you and good night.
[36:03.160 --> 36:11.960]  Okay. Thank you, Ken. And, okay, now we're going to go to Scott in Texas. Go ahead,
[36:11.960 --> 36:12.960]  Scott.
[36:12.960 --> 36:24.920]  Howdy, howdy. Well, guess what I got in the mail today? A letter from the DPS administrative
[36:24.920 --> 36:33.920]  side and politely informing me of a notice of suspension of permit or privilege to operate
[36:33.920 --> 36:43.240]  a motor vehicle. And this is just the... This suspension is just to determine you have operated
[36:43.240 --> 36:54.080]  vehicle and it's going to be suspended from 6-7-2018 to 6-6-2019. They're going to suspend
[36:54.080 --> 37:03.120]  it for one year and they say, oh, if you request a hearing, so naturally I'm going to request
[37:03.120 --> 37:08.920]  a hearing. And so it tells you, you know, go out your name, date of birth, driver's license
[37:08.920 --> 37:15.200]  number, and they will conduct a hearing in a municipal or justice court in the county
[37:15.200 --> 37:22.040]  which you reside just to determine if the stated notice of the suspension is true. So
[37:22.040 --> 37:33.640]  all they want to do is you'll get a hearing just to see, did you get a... Did you violate
[37:33.640 --> 37:41.160]  your permit or privilege to operate a motor vehicle and got a ticket during that time?
[37:41.160 --> 37:47.000]  And now we're just going to spend it for a year, period. No question about it. And signed
[37:47.000 --> 37:54.000]  by the manager of Driver Improvement and Compliance Bureau of Texas. Of course there's a signature
[37:54.000 --> 38:06.240]  that says manager. What's the reason? The reason was because it had been determined
[38:06.240 --> 38:12.000]  that you operated a motor vehicle while your license or driving privilege was suspended,
[38:12.000 --> 38:20.840]  and so disqualified revoked or denied. Does it say when or how or what their evidence
[38:20.840 --> 38:32.040]  was? It's not clear what they're talking about. Haven't you gotten it reinstated? Oh, it got
[38:32.040 --> 38:43.720]  reinstated basically. It was suspended for surcharges. And then once I sent in like this
[38:43.720 --> 38:50.520]  notice of a popper's thing, they waived all the surcharges. So now it's all rescinded,
[38:50.520 --> 38:58.160]  right? And now it's because I got a ticket wall while license was suspended, now they're
[38:58.160 --> 39:03.600]  just kind of arbitrarily just go ahead and suspend it for a year because you've violated
[39:03.600 --> 39:10.240]  and you're just going to have your license suspended regardless.
[39:10.240 --> 39:28.680]  Oh, okay. So, have you researched the remedy? No, I just got it today. Oh, okay. Yeah. Okay,
[39:28.680 --> 39:36.440]  you need to look into remedy. Well, I mean, you know, because I don't know what case they're
[39:36.440 --> 39:44.760]  talking about, and they're basing their determination on, I would, you know, assume, you know, it
[39:44.760 --> 39:50.480]  could be rock wall or it could be mesquite, you know. Okay, well, you have a good argument
[39:50.480 --> 39:58.040]  because you weren't operating in commerce. So you can make a good fight. And whoever
[39:58.040 --> 40:02.880]  wrote you the citation didn't have authority to write the citation. So the citation was
[40:02.880 --> 40:10.520]  boys on his face. Right. Oh, I know. I've disputed all that all the way through the
[40:10.520 --> 40:16.000]  court, you know, and you know how the traditional text of the railroad you get, you know, to
[40:16.000 --> 40:22.400]  chew. Well, we're getting, we're getting better at that. We can go back now and file
[40:22.400 --> 40:30.760]  criminally against the judges, petition the county court for rid of mandamus, ordering
[40:30.760 --> 40:40.040]  the judges to do what they were supposed to start taking these guys on the judges directly.
[40:40.040 --> 40:46.560]  Well, here's another avenue or a thought process, because it's signed by the manager
[40:46.560 --> 40:53.280]  of the Texas Department of Public Safety driver improvement and compliance bureau. Well, who's
[40:53.280 --> 41:00.960]  that? I don't know. He didn't sign his name, right? Okay, well, listen, listen. So how
[41:00.960 --> 41:08.520]  about this? So now, you know, this is an administrative agency that's making an administrative
[41:08.520 --> 41:13.680]  determination based on a judicial determination coming out of one of these lower ranked municipal
[41:13.680 --> 41:24.640]  courts. Correct. Yes. Seems like for me. Okay. So with that thought process, now, call up
[41:24.640 --> 41:30.280]  to Texas Department of Public Safety and say, who's the manager of the driver improvement
[41:30.280 --> 41:39.040]  and compliance bureau? Well, they may not have just one person. What if it was more than one?
[41:39.040 --> 41:46.600]  So then you just have to say, well, you know, we're just all making an administrative determination
[41:46.600 --> 41:53.480]  based on a judicial determination that is void on its face, you know, due to fraud upon
[41:53.480 --> 42:00.480]  the court. And it's all up until the litigation. I guess the only thing I can do is personally
[42:00.480 --> 42:12.200]  sue you because you're making a determined ancient and, you know, welcome to law suit
[42:12.200 --> 42:19.600]  101. Just sue you personally for the harm it's, you know, I guess going to become of
[42:19.600 --> 42:25.360]  me for having to go through all this stuff. Basically, you would want to try to sue them
[42:25.360 --> 42:34.080]  and see if they get a declaratory judgment on what are your rights, you know, by suing
[42:34.080 --> 42:39.040]  the guy making these allegations of suspending your license.
[42:39.040 --> 42:51.280]  Hmm. I don't know what your claim is yet because they haven't really harmed you yet. They've
[42:51.280 --> 42:57.360]  given you notice and opportunity. Well, I have noticed to request a hearing. So I'm
[42:57.360 --> 43:01.760]  going to request their hearing and go through their little, you know, hearing process. And
[43:01.760 --> 43:07.640]  then after that, then when they enforce this bench and which all this hearing is going
[43:07.640 --> 43:14.560]  to do is just say, did you have court hearing and blah, blah, blah, the ski is probably
[43:14.560 --> 43:19.440]  the ski. And you'll say yes. And then I say, okay, we've determined it this court date.
[43:19.440 --> 43:23.760]  It's like, well, yeah, with that court, it was based on fraudulent determination. So
[43:23.760 --> 43:27.880]  that would be the place where it's going to argue out right here, I guess.
[43:27.880 --> 43:34.800]  Yeah. So you can put them in court and keep them in court for a couple of years. As we
[43:34.800 --> 43:47.120]  take apart this, these issues of the authority of the city of the Mesquite to enforce.
[43:47.120 --> 43:53.640]  If we can go back and get those cases overturned and their issues fade away, hang on. We're
[43:53.640 --> 44:00.000]  going to break. We're going to count. We will already owe. We'll be right back.
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[46:26.560 --> 46:55.560]  Okay, we are back. We're Andy Kelton with rule of law radio on this Friday.
[46:55.560 --> 47:06.200]  The 27th day of April, 2018, and I have Ken Magnuson on the guest bridge tonight. As soon
[47:06.200 --> 47:12.600]  as I finish up with Scott, we had an issue we wanted to talk about that came up last
[47:12.600 --> 47:22.720]  night. It's about having to know the law when you're in a case, when they're coming
[47:22.720 --> 47:28.600]  after you, you've got to read the law. We'll go to that shortly. But right now we're talking
[47:28.600 --> 47:47.000]  to Scott, and Scott is being sent to an administrative hearing. You might consider petitioning the
[47:47.000 --> 47:58.160]  state court for rid of mandamus, ordering the Mesquite court to rule on all of your
[47:58.160 --> 48:06.920]  pleadings because the prosecutor never answered your pleadings. Then all of the facts you
[48:06.920 --> 48:33.440]  allege in your pleadings are now formal judicial admissions. So the prosecutor has judicially
[48:33.440 --> 48:41.240]  admitted to all of your facts. Now you can go back and ask for some re-judgment or ask
[48:41.240 --> 48:48.400]  for a mandamus with the county court and ask the county court to direct the judge to rule
[48:48.400 --> 48:58.520]  on your pleadings based on collateral estoppel on the part of the prosecutor. Then you open
[48:58.520 --> 49:05.720]  all this stuff right back up again and then move to delay the administrative hearing based
[49:05.720 --> 49:13.680]  on your action against the Mesquite court. Does that make sense?
[49:13.680 --> 49:23.480]  Sure does. Well, I guess this will be kind of an interesting little ballot here to go
[49:23.480 --> 49:29.960]  around with these people. When they get the mandamus, that's going to be a new trip for
[49:29.960 --> 49:42.160]  them. When the county court refuses to hear your mandamus, then you competition to the
[49:42.160 --> 49:48.320]  court of criminal appeals for a mandamus. That ought to be fun.
[49:48.320 --> 50:04.280]  Okay. I have to admonish you. This guy Scott has been this week sending me dirty pictures.
[50:04.280 --> 50:05.280]  You did that.
[50:05.280 --> 50:09.840]  That was really nasty. I'm telling you, that was nasty. I never felt these things you ever
[50:09.840 --> 50:16.640]  saw, boy. I tell you what, he was digging up his sewer line and sent me pictures like
[50:16.640 --> 50:31.120]  I wanted to see dirty sewer pipes. Okay, thank you Scott. Now we're going to go to Ken. Ken,
[50:31.120 --> 50:39.080]  you wanted to talk about a thing that anybody who listens to this show often hears occur
[50:39.080 --> 50:44.880]  on a regular occasion where I have people call in. I ask them to read the code. The
[50:44.880 --> 50:52.160]  call back in haven't read the code. They're asking me questions I effectively can't answer
[50:52.160 --> 50:56.480]  because I need the questions asked based on code and they don't know what it is. For
[50:56.480 --> 50:59.480]  me, that's pretty frustrating. Ken?
[50:59.480 --> 51:06.480]  Well, it's even a bigger issue than that. I've been involved in the so-called legal
[51:06.480 --> 51:14.680]  reform movement and met people who have gone through this process for the last 25 years.
[51:14.680 --> 51:19.200]  One of the, I'm going to regale you with a few stories because I think people will
[51:19.200 --> 51:25.920]  be able to see themselves in one of several of these stories. The issue is that I've
[51:25.920 --> 51:31.800]  met people that are desperately in need of legal help. Just to point out, so everybody
[51:31.800 --> 51:36.040]  knows, there's a conversation about legal process and everything, like First Amendment.
[51:36.040 --> 51:41.440]  I'm not a lawyer, but I do legal research and I've been doing this for a long time.
[51:41.440 --> 51:47.240]  I've worked with the state legislature, so it's brandy. We've met with state legislators,
[51:47.240 --> 51:54.040]  some we like, some we don't like. The issue here is that the public seems that there's
[51:54.040 --> 52:00.200]  a lack of education even at the junior high school or high school level, much less even
[52:00.200 --> 52:07.600]  the college level, with regards to how the law works or even the various sections of
[52:07.600 --> 52:14.200]  government, how government is broken down into parts, state government versus federal
[52:14.200 --> 52:19.360]  government. I've met college graduates that don't know that a U.S. congressman has nothing
[52:19.360 --> 52:25.160]  to do with a state district judge. It's apples and oranges.
[52:25.160 --> 52:30.960]  So the issue here is that I'm not admonishing people for not having a lack of information.
[52:30.960 --> 52:36.200]  I'm saying that you need to be able to look for it and go to a law library or just a general
[52:36.200 --> 52:40.520]  library or just start with Googling on the Internet. I tell people all the time to start
[52:40.520 --> 52:45.800]  Googling. You want to limit the questioning to whatever issue you're talking about, whatever
[52:45.800 --> 52:50.560]  state or whatever jurisdiction that we're talking about, legal issues. But I bet people
[52:50.560 --> 52:57.760]  absolutely desperate for information about how to proceed in court, what are the rules.
[52:57.760 --> 53:03.520]  I understand that because I came to the process back in the late 1980s, similar fashion and
[53:03.520 --> 53:08.480]  met a guy who told me what the books were that I needed to look at. Now, in Texas, there's
[53:08.480 --> 53:17.040]  a series of books. Back in the 80s, it was by a law professor out of SMU named Bersanio,
[53:17.040 --> 53:22.800]  and later came the O'Connor series that are now prevalent throughout Texas, which essentially
[53:22.800 --> 53:27.240]  is what I referred to as cookbook law. If you find a copy of one of these books, you
[53:27.240 --> 53:32.840]  get them at half-right bookstore. Recognize that any rule that you read in an older book,
[53:32.840 --> 53:39.080]  you get to see on the Internet whether that rule or law statute has been changed before
[53:39.080 --> 53:47.640]  you cite it. But the issue is that for $15, you can get a one or two-year-old version
[53:47.640 --> 53:54.320]  of civil rules, which is the civil process in Texas, or the Code of Criminal Procedure,
[53:54.320 --> 53:59.480]  which is the criminal process in Texas, and the penal code, which is the statutory law
[53:59.480 --> 54:07.400]  that defines crimes in Texas. But when I first met some of these people, I would even get
[54:07.400 --> 54:12.720]  them copies of these books, because I had people who would call me and say, I've got
[54:12.720 --> 54:17.880]  a copy of this book from half-right book for five bucks, and I'd always tell them, pick
[54:17.880 --> 54:22.920]  it up for five bucks. It's always worth it to give people someplace to start. In the
[54:22.920 --> 54:28.280]  front section of O'Connor's, this isn't an ad for O'Connor's, it's what there is.
[54:28.280 --> 54:33.000]  The front section is literally cookbook. It goes in order, even in the rules of almost
[54:33.000 --> 54:38.880]  every state. It starts almost chronologically how you start the process is usually the procedures
[54:38.880 --> 54:42.880]  that begin in the first part of the book, and then work their way through the trial,
[54:42.880 --> 54:47.240]  and then through the post trial and appeal. Then the appeal goes into a different book
[54:47.240 --> 54:53.520]  or different statutes or different rules, depending on which state you're in. And one
[54:53.520 --> 54:58.320]  of the things that I would do is I would run these books out, just to help these people
[54:58.320 --> 55:03.800]  out. And I'd talk to them and be helping them do research and so forth. And then I'd
[55:03.800 --> 55:08.480]  finally, you know, a month and a half later, I'd say, you're not reading a book. And they'd
[55:08.480 --> 55:14.800]  become really inflamed and insulted. How dare you accuse me of that? How could you possibly
[55:14.800 --> 55:19.840]  know? And I said, you're not asking me any questions.
[55:19.840 --> 55:26.760]  When I read the book, I had a lot of questions. And my mentor at that time, Lance Flores,
[55:26.760 --> 55:31.480]  had answers for me. He could answer the questions, but he also said I was one of the few people
[55:31.480 --> 55:36.520]  that ever read the book. So the issue here is that those people who become knowledgeable
[55:36.520 --> 55:42.640]  about how the process works have to participate. You have to get the knowledge of the law.
[55:42.640 --> 55:49.560]  One of the stories I'm about to review is a friend who was assigned to be the executor
[55:49.560 --> 55:54.520]  of his mother's estate. And he starts this process, and we've known each other for many
[55:54.520 --> 56:01.640]  years, and then all of a sudden his attorney wants to withdraw. He's in law suit in a county
[56:01.640 --> 56:08.240]  with regards to relatives. And he goes, what happened? And I said, well, you know, what
[56:08.240 --> 56:13.280]  are you been doing? Well, I'm managing the estate as if it's a corporation. I'm trying
[56:13.280 --> 56:20.560]  to maximize the value of the property. And I said, that's not your responsibility. When
[56:20.560 --> 56:27.040]  you're assigned to do something as an official, like an executor of a will, or as a holder
[56:27.040 --> 56:31.160]  of an operator's license in Texas, whether it's called a driver's license or not, we
[56:31.160 --> 56:36.440]  won't even get into the semantics now. But the issue is that there's certain potential
[56:36.440 --> 56:44.440]  legal ramifications of that process. You need to look up the law and know what the law is.
[56:44.440 --> 56:48.920]  And that's what I told him. I told him, I said, the law requires you to divide up the
[56:48.920 --> 56:57.040]  property to all of the relatives, according to the will, not to manage this like a corporation.
[56:57.040 --> 57:03.440]  And well, I assume, no, no, don't ever assume. If you don't know the law, you need to look
[57:03.440 --> 57:10.320]  it up. And that's where I'll break the story over into the idea of where you look. You
[57:10.320 --> 57:18.280]  have to recognize the breakdown of government between state and federal. And in state, there's
[57:18.280 --> 57:25.840]  generally the state from the capital and the entire state. And then it becomes counties.
[57:25.840 --> 57:31.160]  And then it becomes municipalities. And within the county, there can be subdivisions as well.
[57:31.160 --> 57:39.160]  There can be in the court system, there can be justice of the peace courts. There can
[57:39.160 --> 57:47.160]  be county courts of law. Those are county offices. District courts within that county
[57:47.160 --> 57:55.920]  are giving up in the county based on state. And that's a state court. The appellate court
[57:55.920 --> 58:01.040]  will have jurisdiction over all of these courts, but it may have an entire region of several
[58:01.040 --> 58:07.000]  counties. And then you have state Supreme Court, Texas, that looked at civil issues.
[58:07.000 --> 58:12.480]  And then you have the court of criminal appeals, which looks at only criminal issues. And that
[58:12.480 --> 58:17.320]  has jurisdiction over the entire state. One of the things that has come up also is when
[58:17.320 --> 58:22.360]  I do meet some people that are starting to, you know, make this transition into reading
[58:22.360 --> 58:29.880]  law and actually becoming knowledgeable is when they cite case law. Case law precedents
[58:29.880 --> 58:35.760]  is top down. I mean, the best case that you can cite on point is the United States Supreme
[58:35.760 --> 58:43.480]  Court case. Then the next thing you can best cite is a federal appellate court case on
[58:43.480 --> 58:47.520]  point on the issue within your state.
[58:47.520 --> 58:55.640]  Would you like to make more definite progress in your walk with God? Bibles for America is
[58:55.640 --> 59:01.120]  offering a free study Bible and a set of free Christian books that can really help. The
[59:01.120 --> 59:05.440]  New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.440 --> 59:10.040]  today. It's an accurate translation and it contains thousands of footnotes that will
[59:10.040 --> 59:15.240]  help you to know God and to know the meaning of life. The free books are a three volume
[59:15.240 --> 59:20.600]  set called Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of
[59:20.600 --> 59:26.160]  the Christian Life clearly presents God's plan of salvation, growing in Christ and how
[59:26.160 --> 59:32.400]  to build up the church. To order your free New Testament recovery version and Basic Elements
[59:32.400 --> 59:45.400]  of the Christian Life, call Bibles for America toll free at 888-551-0102. That's 888-551-0102
[59:45.400 --> 01:00:02.840]  or visit us online at bfa.org. Live Free Speech Radio, LogosRadioNetwork.com.
[01:00:02.840 --> 01:00:08.040]  The following news flash is brought to you by The Lone Star Lowdown. Providing you daily
[01:00:08.040 --> 01:00:15.600]  bulletins for the Commodities Market, Today in History, News Updates and the Inside Scoop
[01:00:15.600 --> 01:00:26.640]  into the Tides of the Alternative. Markets for the 11th of April, 2018 close with gold
[01:00:26.640 --> 01:00:35.480]  $1,353.22 in ounce, silver $16.68 in ounce, Texas Crude $65.51 of barrel, bitcoins at
[01:00:35.480 --> 01:00:45.080]  $6,902.19, ethereums at $420.80, bitcoin cash at $652.90, and finally light coins
[01:00:45.080 --> 01:00:59.040]  at $114.34, a crypto coin. Today in History, the year 1968, President
[01:00:59.040 --> 01:01:04.300]  Lyndon M. Johnson signed the Civil Rights Act of 1968, which prohibited private businesses
[01:01:04.300 --> 01:01:08.880]  from discriminating based on race, color, religion, sex, or national origin. It also
[01:01:08.880 --> 01:01:13.760]  prohibited unequal application of voter registration requirements, racial segregation in public
[01:01:13.760 --> 01:01:24.120]  schools, and employment, and public accommodations for places of business. Today in History.
[01:01:24.120 --> 01:01:28.280]  In recent news, tensions in Syria seem to reach new levels after a chemical attack on
[01:01:28.280 --> 01:01:32.440]  civilians in the city of Douma, which left 40 dead and many injured, an attack which
[01:01:32.440 --> 01:01:36.880]  is being blamed on the democratically elected President of Syria, Bashar al-Assad, by the
[01:01:36.880 --> 01:01:41.600]  United States and on Israel by Russia, either accusatory narrative without any verified
[01:01:41.600 --> 01:01:46.440]  evidence as of yet. President Trump tweeted today Wednesday that if, quote, Russia vows
[01:01:46.440 --> 01:01:50.520]  to shoot down any and all missiles fired at Syria, get ready, Russia, because they will
[01:01:50.520 --> 01:01:55.120]  be coming in nice and new and smart, going on to warn Russia that you shouldn't be partners
[01:01:55.120 --> 01:01:59.560]  with a gas-killing animal who kills his people and enjoys it. Many in the West, including
[01:01:59.560 --> 01:02:04.640]  President Trump, have been quick to conclude that this chemical attack must have been conducted
[01:02:04.640 --> 01:02:09.760]  by Assad and his forces. Syria and Russia, on the other hand, have given approval since
[01:02:09.760 --> 01:02:14.040]  yesterday for the organization for the prohibition of chemical weapons to investigate the sign
[01:02:14.040 --> 01:02:18.760]  of the chemical slaughter. Assad has been successful in maintaining rule and support during Syria's
[01:02:18.760 --> 01:02:22.920]  seven-year civil war, a civil war that is being fought by the government of Syria and
[01:02:22.920 --> 01:02:28.200]  anti-Assad Syrian rebels that are openly being funded by Western governments, with ISIS
[01:02:28.200 --> 01:02:33.080]  being one of the more notorious splinter groups of the American-backed Syrian rebels. No surprise
[01:02:33.080 --> 01:02:38.560]  then why Russian Foreign Minister Spokeswoman Maria Zakhova posted on Facebook that smart
[01:02:38.560 --> 01:02:43.040]  missiles should be fired at terrorists and not at a legitimate government, which has
[01:02:43.040 --> 01:02:47.240]  been fighting terrorists. Or is this a trick to destroy all traces with a smart missile
[01:02:47.240 --> 01:02:51.560]  strike and then there will be no evidence for international inspectors to look at?
[01:02:51.560 --> 01:02:58.560]  This was Rick Rody with your loading out for April 11, 2018.
[01:03:21.560 --> 01:03:29.560]  Okay, we are back. Randy Kelton, Wheel of Law Radio, and we have our special guest,
[01:03:29.560 --> 01:03:35.560]  Ken Magnuson, and we're talking about how to study law. Go ahead, Ken.
[01:03:35.560 --> 01:03:45.040]  Well, what may have been lost when we went to break was the fact that I was talking about
[01:03:45.040 --> 01:03:50.400]  Supreme Court cases and then appellate court cases. The key to the appellate court case
[01:03:50.400 --> 01:03:56.680]  in federal law is it's only absolutely applicable on your case if it's in the same district
[01:03:56.680 --> 01:04:01.880]  your case is in or your state is in. Now, that's not a federal issue with regards to
[01:04:01.880 --> 01:04:08.000]  constitutional rights or something of that nature. Now, skill two, when we get down to
[01:04:08.000 --> 01:04:13.520]  it's always best to be able to cite the highest court in the state you're in because frequently
[01:04:13.520 --> 01:04:20.520]  we find states, how can I say it, not only recalcitrant but intractable in some cases
[01:04:20.520 --> 01:04:25.080]  in just totally disregarding the federal constitution, they just feel that they have
[01:04:25.080 --> 01:04:29.920]  to be independent of the federal government and they just will ignore those and that's
[01:04:29.920 --> 01:04:37.320]  been going on wholesale and since the beginning of the federal court decisions, they just
[01:04:37.320 --> 01:04:42.800]  fight them all the time and there's this process of enforcing them. But that's the
[01:04:42.800 --> 01:04:49.120]  secondary issue. When you're actually getting a case and looking for a case, Randy was
[01:04:49.120 --> 01:04:53.880]  discussing with me on the break, was the idea of looking for the newest case but what he
[01:04:53.880 --> 01:05:01.440]  meant was an old case that's filled with law that's cited in recent cases. That's the
[01:05:01.440 --> 01:05:08.160]  best thing. That shows that this case or doctrine, whatever it is, was established decades in
[01:05:08.160 --> 01:05:13.560]  some cases a hundred years ago and it's still being cited in cases now and that makes it
[01:05:13.560 --> 01:05:19.120]  absolutely applicable and if it's from a higher court, that's superior to the court
[01:05:19.120 --> 01:05:27.120]  that you're in. If you're in the county court, any law with regards to the appellate district
[01:05:27.120 --> 01:05:36.560]  there or the state supreme court there is absolutely golden. They're required to follow
[01:05:36.560 --> 01:05:45.800]  that. We do find that they frequently don't. That's the separate issue. The idea here is
[01:05:45.800 --> 01:05:51.760]  that you need to find the law that's going to support your argument the best you possibly
[01:05:51.760 --> 01:05:58.960]  can and the one thing that I also suggest to recommend is you don't try to shove it
[01:05:58.960 --> 01:06:02.800]  down their throat like they absolutely have to follow it because that's when they absolutely
[01:06:02.800 --> 01:06:07.800]  won't because they can always not follow it and leave you with stuck with the possibility
[01:06:07.800 --> 01:06:13.000]  of having to go to the next level of appellate court in order to preserve the error. I pointed
[01:06:13.000 --> 01:06:18.600]  out by one lawyer to me ages ago, district courts aren't fine. Judges aren't fine for
[01:06:18.600 --> 01:06:24.680]  losing an appeal or being overruled in an appeal. It doesn't matter to them. They don't
[01:06:24.680 --> 01:06:31.640]  care. They get the same amount of money and they can sleep at night just as well.
[01:06:31.640 --> 01:06:38.280]  We're working on a procedure to change that. I've got the case law that says if the judge
[01:06:38.280 --> 01:06:46.160]  fails to properly apply the law to the faxes that denied you in due process and if he denies
[01:06:46.160 --> 01:06:54.360]  me in due process that's the class A misdemeanor the way I read 39.03. We appeal to the court
[01:06:54.360 --> 01:06:59.240]  of appeals and we also appeal to a grand jury to arrest him. We just did that to a district
[01:06:59.240 --> 01:07:02.240]  judge in West County.
[01:07:02.240 --> 01:07:09.680]  Okay. I agree but that's again a legal argument, not necessarily a winning legal strategy if
[01:07:09.680 --> 01:07:15.920]  you can convince. The biggest issue is I write my pleadings not to insult the people in the
[01:07:15.920 --> 01:07:23.360]  court but to point out their mistake. I got very few traffic cases and most of the traffic
[01:07:23.360 --> 01:07:30.120]  cases I want by actually arguing the case in court not based on what we know is the
[01:07:30.120 --> 01:07:35.320]  law but based on what people perceive as the law. I always got a jury trial and everything.
[01:07:35.320 --> 01:07:41.200]  The one case that I had, I came in with the opening arguments and I looked at the jury
[01:07:41.200 --> 01:07:45.160]  and I said, you know, it's a tough job. They're trying to enforce the law. They're trying
[01:07:45.160 --> 01:07:49.760]  to keep people safe on the road and everything. I asked everybody in the jury pool. I said,
[01:07:49.760 --> 01:07:53.640]  how many people are here? Perfect. Never made a mistake in your life. Well, I didn't see
[01:07:53.640 --> 01:08:00.000]  any hands go up. I said, so people make mistakes. People probably made mistakes today. The problem
[01:08:00.000 --> 01:08:06.480]  is is that the people prosecuting this case today, the police officer and the prosecutor
[01:08:06.480 --> 01:08:13.760]  have made a mistake and the biggest problem that they have is they don't know it and that's
[01:08:13.760 --> 01:08:22.160]  usually how you can win is to explain it in such a way and trying to convince the power
[01:08:22.160 --> 01:08:27.160]  to be that they've made a mistake. Here's what the mistake is. Here's what the law is
[01:08:27.160 --> 01:08:33.640]  and here's why you should reverse this. It's about semantics. It's about not trying to,
[01:08:33.640 --> 01:08:38.280]  you know, shove it down her throat because we don't have enough oversight in the judicial
[01:08:38.280 --> 01:08:45.120]  system in the United States to force them to do anything and frankly, I'm going to say
[01:08:45.120 --> 01:08:50.480]  I think the system has been set up and erected just for this purpose of giving everybody
[01:08:50.480 --> 01:08:59.000]  the appearance of being able to be given due process and yet, you know, a pitiful few are
[01:08:59.000 --> 01:09:04.840]  and the more money you have, the more likely you are to see due process and justice. So
[01:09:04.840 --> 01:09:11.680]  the issue here is that the cost of court with attorneys, the cost of court filing fees is
[01:09:11.680 --> 01:09:17.320]  not for people who are poor or the working poor, people at work every day and you're
[01:09:17.320 --> 01:09:24.000]  just two paychecks away from going broke. You lost your job, you're out of business.
[01:09:24.000 --> 01:09:29.800]  So the issue here is that the only thing that's going to help you fight the system if you're
[01:09:29.800 --> 01:09:36.640]  being attacked by a process is knowledge and you've got to go to the law library and get
[01:09:36.640 --> 01:09:44.080]  that, you've got to Google it and the biggest issue that is about obtaining that information
[01:09:44.080 --> 01:09:50.480]  is confirmation of that information. Reliable sources of our Cornell library online, their
[01:09:50.480 --> 01:10:01.960]  law library is online, Lexis, Maxis, Westlaw, but you know, a website that says I8judges.org,
[01:10:01.960 --> 01:10:06.920]  they might have some information that's useful for research but I wouldn't quote anything
[01:10:06.920 --> 01:10:17.040]  that they said without confirming it and making sure that it exists. One of the great cases
[01:10:17.040 --> 01:10:22.000]  that Randy and I came across years ago was this thing about federal courts in Article
[01:10:22.000 --> 01:10:27.080]  3 courts versus Article 4 courts and there's a famous case out there out of, I'm not going
[01:10:27.080 --> 01:10:32.560]  to skip the whole case citation but it's called Ballsack out of Puerto Rico. And there's
[01:10:32.560 --> 01:10:39.880]  a quote in the case law by the opinion that says this is an Article 4 court and the entire
[01:10:39.880 --> 01:10:46.280]  case is only by about the court in San Juan, Puerto Rico, which is an Article 4 court because
[01:10:46.280 --> 01:10:51.320]  it is a territory not on the mainland in the United States. Well, there were people out
[01:10:51.320 --> 01:10:56.880]  there in the legal reform movement or whatever citing this law as if all of the district
[01:10:56.880 --> 01:11:01.080]  courts, federal district courts across the United States were Article 4 courts because
[01:11:01.080 --> 01:11:06.160]  this case said it. That's not what it said. So that's the other warning here is if you
[01:11:06.160 --> 01:11:12.120]  get case law to cite, read the entire case. I never cite a case unless I've read the
[01:11:12.120 --> 01:11:18.000]  entire case and I recognize the context of what I'm quoting, making sure that I'm not
[01:11:18.000 --> 01:11:24.640]  going to quote something out of context. You have to read the law and see it as it is not
[01:11:24.640 --> 01:11:27.360]  to twist it into something you want it to be.
[01:11:27.360 --> 01:11:35.480]  Ken, tell them about being drum in the IRS. Were the IRS cited case law that by being
[01:11:35.480 --> 01:11:44.080]  drum crammed down their throats? Well, yeah, part of it. You're talking about the ruling
[01:11:44.080 --> 01:11:59.280]  about the lease. Mr. Drum, pardon? Let me explain what I was referring to. The IRS
[01:11:59.280 --> 01:12:10.160]  lawyers filed a motion or pleading and they cited two particular cases and quoted what
[01:12:10.160 --> 01:12:18.600]  the court said. So Ken and I both told Ben to read the case. So Ben went back and read
[01:12:18.600 --> 01:12:25.400]  the case and came back to us and said, you're not going to believe this. That what the lawyers
[01:12:25.400 --> 01:12:34.840]  quoted. In the case it said, this is what the law used to say, but we changed it to
[01:12:34.840 --> 01:12:42.720]  almost the opposite. So Ben went back into court with these lawyers' cases that they
[01:12:42.720 --> 01:12:51.400]  had cited and cited the case accurately and the court was so upset at the lawyers that
[01:12:51.400 --> 01:12:59.760]  they threw out the IRS's lien against their property. That almost never happens. Another
[01:12:59.760 --> 01:13:05.640]  judge put it back, but it looked like this judge did that just to punish these lawyers
[01:13:05.640 --> 01:13:12.760]  for bringing them bad case law. That's the kind of thing that will get a lawyer sanctioned.
[01:13:12.760 --> 01:13:21.600]  We were talking about the federal law that was for the act to forbid injunctions and
[01:13:21.600 --> 01:13:26.400]  they thought that what Ben Drum had done was injunctions, but the lien had actually failed
[01:13:26.400 --> 01:13:35.320]  to meet statutory requirement in Ben's case and essentially he had filed a petition under
[01:13:35.320 --> 01:13:40.800]  Texas property code and I don't want to cite it wrong, but I think it's in section 53 if
[01:13:40.800 --> 01:13:45.880]  it's not as close to that area. There's a section where you can challenge the lien and
[01:13:45.880 --> 01:13:52.880]  he challenged the lien and said that the lien did not meet statutory authority. I haven't
[01:13:52.880 --> 01:13:59.320]  looked at many liens recently, but back when I was helping Ben do the research, I had not
[01:13:59.320 --> 01:14:04.160]  seen a single lien by the IRS that had been done according to Texas statute, which they
[01:14:04.160 --> 01:14:10.480]  are required to do by federal statute. So the judge issued an order. It was an associate
[01:14:10.480 --> 01:14:15.160]  judge issued the order and the order went out and essentially Mr. Drum sent notice to
[01:14:15.160 --> 01:14:22.120]  the IRS and they had noticed for like 90 to 100 days and he was suing the district, the
[01:14:22.120 --> 01:14:27.800]  county clerk for having these liens filed and not removing them and suing them for damages
[01:14:27.800 --> 01:14:35.360]  because that's what's called libel of title and the district attorney's office in Dallas
[01:14:35.360 --> 01:14:43.560]  was actually representing the county clerk and they were filing various paperwork and
[01:14:43.560 --> 01:14:51.120]  they went behind the scenes and got the associate judge to quash her order or withdraw it, vacate
[01:14:51.120 --> 01:14:57.520]  it. But she had done so, this was more than 90 days afterwards and they only have jurisdiction
[01:14:57.520 --> 01:15:05.320]  for 30 days. So I helped Mr. Drum file a petition to quash the vacation because it was, it was
[01:15:05.320 --> 01:15:09.840]  too late and they had no jurisdiction and the district court agreed and it was done
[01:15:09.840 --> 01:15:14.960]  ex-partee and it was done because there was no way they could cure the defect. So that
[01:15:14.960 --> 01:15:23.960]  was the end of the order that they showed to try to depict Mr. Drum as a vacation litigant
[01:15:23.960 --> 01:15:30.200]  was now gone. That order that they came in arguing in the trial court with no longer
[01:15:30.200 --> 01:15:34.960]  existed and this is based on all of the strategy that you're hearing which makes it confusing
[01:15:34.960 --> 01:15:44.040]  is all based on reading the law and recognizing the rules. And that's what is absolutely essential
[01:15:44.040 --> 01:15:49.560]  is to know all of the rules and that brings me to the idea of anything that you read in
[01:15:49.560 --> 01:15:55.000]  any of the law books. When you read a chapter in the Code of Criminal Procedure or Civil
[01:15:55.000 --> 01:15:59.800]  Practices and Remedies you have to read the whole chapter because frequently in the beginning
[01:15:59.800 --> 01:16:04.160]  of a chapter they'll have definitions and they'll talk about the law and you might come to the
[01:16:04.160 --> 01:16:08.960]  thing that you like. You go, oh, this is wrong. If it's this or this or this or this or this
[01:16:08.960 --> 01:16:15.000]  or this. And the problem is that frequently the legislature will tag on to the end of
[01:16:15.000 --> 01:16:20.640]  the entire chapter. Oh, section such and such does not apply under these circumstances.
[01:16:20.640 --> 01:16:28.160]  So you have to look to see whether or not any law following what you found in your life
[01:16:28.160 --> 01:16:32.040]  excludes what you're trying to do. And every now and then it does.
[01:16:32.040 --> 01:16:38.520]  Oh, or you will find some really annoying affirmative defenses.
[01:16:38.520 --> 01:16:46.320]  Right. Right. And you have to be aware of those. And we're in 1916 and we have to be gone.
[01:16:46.320 --> 01:16:56.800]  Okay. We are ready to count on real law radio. Call in number 512-646-1984. Tim, Sandra, see
[01:16:56.800 --> 01:17:02.960]  there. We'll give to both of you. I love logos. Without the shows on this network, I'd be
[01:17:02.960 --> 01:17:07.400]  almost as ignorant as my friends. I'm so addicted to the truth now that there's no going back.
[01:17:07.400 --> 01:17:12.280]  I need my truth pick. I'd be lost without logos. And I really want to help keep this
[01:17:12.280 --> 01:17:16.080]  network on the air. And I'd love to volunteer as a show producer, but I'm a bit of a Luddite
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[01:18:59.560 --> 01:19:22.640]  now.
[01:19:22.640 --> 01:19:38.760]  Well, you ain't gonna fool me with that same old trick again. I was blindsided, but now
[01:19:38.760 --> 01:19:46.960]  I can see your back. You put the fear in my pocket, took all my money from my head. Ain't
[01:19:46.960 --> 01:19:53.960]  gonna fool me with that same old trick again. Okay, we are back. Randy Kelton, rule of law
[01:19:53.960 --> 01:20:01.680]  radio, and we're talking to a special guest, Ken Magnuson, about reading the law and how
[01:20:01.680 --> 01:20:06.440]  to find what you need in the law. Go ahead, Ken.
[01:20:06.440 --> 01:20:12.160]  Yeah, this topic could go on for, you know, quite a while, and there may be, you know,
[01:20:12.160 --> 01:20:17.480]  you might have individual questions, but the biggest issue is don't make any assumptions.
[01:20:17.480 --> 01:20:21.480]  You gotta find the law, you gotta make sure that it's good, and if it sounds too good
[01:20:21.480 --> 01:20:27.360]  to be true, make sure that it hasn't been changed. Make sure that it hasn't been revised
[01:20:27.360 --> 01:20:31.920]  in some way, shape, or form, or overruled by some sort of court case if you're reading
[01:20:31.920 --> 01:20:36.880]  statute. So, the issue here is that there's a process for doing this, and I'm gonna tell
[01:20:36.880 --> 01:20:42.520]  you right now, everybody that's out there that complains, oh, look up the law, and blah,
[01:20:42.520 --> 01:20:49.080]  blah, blah. You know, right now, we are at the pinnacle of the ability to do technologicals
[01:20:49.080 --> 01:20:58.040]  research that was just a dream decades ago. And the issue here is that you can do so much
[01:20:58.040 --> 01:21:02.040]  more, and I'm convinced that the only reason we're actually even having this conversation
[01:21:02.040 --> 01:21:08.000]  right now is because we can do so much research online now. Yeah, it's hard to keep it secret.
[01:21:08.000 --> 01:21:15.760]  Something happens in Maine. Everybody in California knows about it, you know, 30 minutes later.
[01:21:15.760 --> 01:21:21.480]  So there's significant law that affects how people can protect their rights, especially
[01:21:21.480 --> 01:21:30.520]  when there's a piece of power by judges or political officials. It becomes really known
[01:21:30.520 --> 01:21:40.400]  country-wide very quickly. The other issue that comes up frequently is don't try to lecture
[01:21:40.400 --> 01:21:45.400]  functionaries as to what the law actually is. They're never gonna listen to you.
[01:21:45.400 --> 01:21:53.200]  Yeah, one of my words, never give fair warning. If you try to tell a public official what
[01:21:53.200 --> 01:22:00.560]  your rights are, they're gonna accuse you of threatening them and call you agitated.
[01:22:00.560 --> 01:22:09.520]  Bushwack is so much better. Absolutely. Well, I mean, ever since the famous case that Randy
[01:22:09.520 --> 01:22:15.720]  loves, which is Cruz, which is a federal case that talks about abuse of power by deputy
[01:22:15.720 --> 01:22:23.560]  tariffs. And the issue here is that it says that the public officials aren't entitled
[01:22:23.560 --> 01:22:29.560]  to special kinds of warning. They, by the very fact that the public officials have
[01:22:29.560 --> 01:22:34.640]  to know, have to be held to a higher standard. I'm paraphrasing, but the issue here is that
[01:22:34.640 --> 01:22:40.240]  they have to know what they're doing. They can't say they don't know. Where's the policy?
[01:22:40.240 --> 01:22:48.000]  On the other hand, yeah. A private citizen may not claim ignorance of the law as a defense
[01:22:48.000 --> 01:22:55.760]  to prosecution. A public official is held to a much higher standard. At page 109 in
[01:22:55.760 --> 01:23:05.240]  screws, it says, if a public official violates a ruling of this court and he be sane, he
[01:23:05.240 --> 01:23:13.760]  may not be heard to say he knows not what he does. Well, fair warning. Right. Right.
[01:23:13.760 --> 01:23:19.320]  So you never tell them what you're going to do. You always just go ahead and do it.
[01:23:19.320 --> 01:23:24.840]  But again, you've got to make sure that you write everything and write it from a perspective
[01:23:24.840 --> 01:23:30.920]  of reality. If you read it, and it sounds like what you're writing sounds more like
[01:23:30.920 --> 01:23:39.200]  Kedzinski's manifesto, you might want to rethink your approach and your writing style.
[01:23:39.200 --> 01:23:44.160]  You may want to go out and copy documents from the court. One of the things that I did
[01:23:44.160 --> 01:23:48.680]  when I first was learning this, back before a lot of the Internet really was as developed
[01:23:48.680 --> 01:23:54.240]  as it is now, is I would go to the courthouse and actually spend an entire day there looking
[01:23:54.240 --> 01:24:01.080]  through the files. And the idea was, I always picked the thickest file I could find. I'd
[01:24:01.080 --> 01:24:04.840]  ask the court, oh, that file right there on the shelf, I can see it. They always keep
[01:24:04.840 --> 01:24:11.240]  the busy cases up front ready to go. And they'd have a case that had three big expandable
[01:24:11.240 --> 01:24:15.760]  envelopes and they'd have papers stacked in there. And those are the ones you want to
[01:24:15.760 --> 01:24:19.440]  look through because then there's a lot of, there's money involved because they paid
[01:24:19.440 --> 01:24:24.880]  attorneys to do this. And they spent a lot of time going back and forth arguing over
[01:24:24.880 --> 01:24:29.080]  issues or whatever. And there's a lot of court rulings. So you get to see a lot of activity.
[01:24:29.080 --> 01:24:34.360]  This is like a case study. You get to see it. Now it may not be on your issue, but there's
[01:24:34.360 --> 01:24:40.720]  probably pre-trial issues that are going to be parallel. Things about recovery and extensions.
[01:24:40.720 --> 01:24:50.240]  I was doing exactly that in a file about three inches thick and I pulled out this motion
[01:24:50.240 --> 01:25:01.200]  in lemony. And I said, what on earth is that? And I started reading it. Oh, this was wonderful.
[01:25:01.200 --> 01:25:07.940]  Motion in lemony are all the questions the other side can't ask. And I have had more
[01:25:07.940 --> 01:25:13.080]  fun with motions in lemony than anything else. My favorite one is the judge is going through
[01:25:13.080 --> 01:25:21.680]  it and he is annoyed. And I have a request that the prosecutor be restricted from asking
[01:25:21.680 --> 01:25:29.920]  any questions about hypnotic interviews. The judge said, Mr. Carlson, were you hypnotized?
[01:25:29.920 --> 01:25:33.720]  Well, I don't know, judge. You know how they can make you forget that kind of stuff. Ask
[01:25:33.720 --> 01:25:43.000]  him. Oh, the judge was furious. Anyway, I found that in there I would have never known
[01:25:43.000 --> 01:25:47.800]  about such a thing if I hadn't done exactly what Ken was saying. Take one of these big
[01:25:47.800 --> 01:25:54.120]  cases. Always ask the clerk, what's the biggest case you got? And get her to bring that out.
[01:25:54.120 --> 01:26:00.360]  I would start flipping through it. And that's how I started my legal research. Started learning
[01:26:00.360 --> 01:26:07.000]  how to do legal research. Go ahead, Ken. The other part of this is usually when I went
[01:26:07.000 --> 01:26:10.600]  to talk to them, they say, well, who are you? You're a lawyer or whatever. And what it
[01:26:10.600 --> 01:26:15.320]  was better to do is say that you were going to junior college and you were doing this
[01:26:15.320 --> 01:26:23.720]  as a project study. Then they don't see you as a threat. It's a white lie, but unless
[01:26:23.720 --> 01:26:29.000]  you're doing it under oath, there's nothing wrong with it. You really are doing it as
[01:26:29.000 --> 01:26:35.080]  a project study. You're just not going to junior college. The issue here is that disarm
[01:26:35.080 --> 01:26:43.000]  them so that they don't feel threatened if you come into the court waving and gesticulating
[01:26:43.000 --> 01:26:48.760]  and breathing fire because you're angry at everybody. I want to tell everybody that listening,
[01:26:48.760 --> 01:26:52.440]  the clerks are not your enemies. The clerks have been told to do certain things that may
[01:26:52.440 --> 01:26:59.320]  be wrong and they may act, you know, terse with you on occasions, but they generally reflect
[01:26:59.320 --> 01:27:03.960]  the attitude you have with them. If you treat them with respect and understand that they're
[01:27:03.960 --> 01:27:12.280]  merely employees earning a wage, it'll go much easier. You can always ask, if you were
[01:27:12.280 --> 01:27:17.640]  in this situation, what would you do and see if they offer you anything that's better?
[01:27:17.640 --> 01:27:21.400]  A lot of them, you know, say, we can't give legal advice, but there's a difference between
[01:27:21.400 --> 01:27:27.400]  legal advice and policy of the department. If there's a policy that's been handed down
[01:27:27.400 --> 01:27:36.680]  or ruling by, say, a district clerk to their subordinate assistant clerks, that's a policy
[01:27:36.680 --> 01:27:43.320]  that's not practicing law. You have a right to know what the policies are and making friends
[01:27:43.320 --> 01:27:49.640]  with the clerks goes a long way in making your life easier because I was actually able to,
[01:27:49.640 --> 01:27:55.640]  one of the things, one despicable practice in Texas with regards to criminal law that they do
[01:27:55.640 --> 01:28:02.440]  is they play this game where you get arrested and then they, if you're out on, if you're out on
[01:28:02.440 --> 01:28:07.320]  from a bail bondsman, and that's another thing that I think Randy needs to address at some point
[01:28:07.320 --> 01:28:15.160]  in time is we need to talk about how people can get a surety bond as opposed to posting from a
[01:28:15.160 --> 01:28:22.600]  bail bondsman. The idea here is that they then have you sign documents which waive your right
[01:28:22.600 --> 01:28:29.000]  to notice. They notify the bonding company, but they don't notify you. The bonding company
[01:28:29.000 --> 01:28:35.240]  notifies you. And in Dallas County, for example, they had a requirement where once you were
[01:28:35.240 --> 01:28:41.000]  arraigned and everything and released on either bail or bond, you were told to check the bulletin
[01:28:41.000 --> 01:28:45.880]  board once a month on the second Monday of the month to see if your name appeared there and you
[01:28:45.880 --> 01:28:51.800]  were assigned to a court case. Oh, where is that the rules? Well, it's not the rules. That was a
[01:28:51.800 --> 01:28:57.400]  practice and policy at the courthouse, the criminal courthouse in Dallas. And essentially,
[01:28:57.400 --> 01:29:03.160]  it's illegal. They're not allowed to do that. They're supposed to send you notices by mail.
[01:29:03.160 --> 01:29:09.480]  But what they did is they eliminated the postal requirements and reduced their budget. Now,
[01:29:09.480 --> 01:29:14.280]  I'm not sure whether that money that was budgeted for that normally went and whether or not it went
[01:29:14.280 --> 01:29:20.200]  through nefarious other purposes. Don't know. Haven't looked into it because, you know what,
[01:29:20.200 --> 01:29:26.200]  they won't let us look at the judicial budget. Any of the judicial budget taxes is not available
[01:29:26.200 --> 01:29:32.280]  under Open Records Act. But in any event, I managed to talk one of the courts. I explained the
[01:29:32.280 --> 01:29:36.920]  circumstance about a person being out of state and whether or not she would, if it got posted,
[01:29:36.920 --> 01:29:42.360]  whether or not she would call me and she agreed and she did. So, I didn't have to make a trip down
[01:29:42.360 --> 01:29:47.400]  to Dallas. I was living out of county at that time and the person that was out of state didn't
[01:29:47.400 --> 01:29:52.280]  have to fly in and get a bulletin board. Hold on, hold on. We're about to go to break. We're in
[01:29:52.280 --> 01:30:05.480]  the Keltonville Radio. We'll be right back. A cup of Joe may keep your eyes open during late-night
[01:30:05.480 --> 01:30:11.480]  study sessions, but that's not all it may be doing to your exhausted eyes. I'm Dr. Catherine Albright,
[01:30:11.480 --> 01:30:17.640]  back with some bad news about coffee and the health of your vision after this. Privacy is under
[01:30:17.640 --> 01:30:22.600]  attack. When you give up data about yourself, you'll never get it back again. And once your
[01:30:22.600 --> 01:30:28.600]  privacy is gone, you'll find your freedoms will start to vanish too. So protect your rights.
[01:30:28.600 --> 01:30:34.840]  Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging onto.
[01:30:34.840 --> 01:30:40.600]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[01:30:40.600 --> 01:30:47.640]  Yahoo and Bing. Start over with StartPage. Coffee's got lots of perks. It lowers the
[01:30:47.640 --> 01:30:53.880]  risk of type 2 diabetes, colon cancer, gallstones, and Parkinson's disease. But a new study shows
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[01:30:59.480 --> 01:31:04.760]  cause of blindness. Harvard researchers looked at decades of data from tens of thousands of
[01:31:04.760 --> 01:31:09.400]  people and found that adults who drank three or more cups of coffee a day were a third more
[01:31:09.400 --> 01:31:15.480]  likely to develop glaucoma, a crippling disease that damages the optic nerve. It's apparently
[01:31:15.480 --> 01:31:21.640]  not the caffeine. The study found no link at all between glaucoma and other caffeinated beverages.
[01:31:21.640 --> 01:31:27.080]  So in that case, how about a spot of tea? I'm Dr. Catherine Albrecht for StartPage.com,
[01:31:27.080 --> 01:31:34.920]  the world's most private search engine. This is Building 7, a 47-story skyscraper that fell
[01:31:34.920 --> 01:31:40.120]  on the afternoon of September 11. The government says that fire brought it down. However, 1500
[01:31:40.120 --> 01:31:44.840]  architects and engineers have concluded it was a controlled demolition. Over 6,000 of my fellow
[01:31:44.840 --> 01:31:49.160]  service members have given their lives and thousands of my fellow force respond to supplying.
[01:31:49.160 --> 01:31:53.000]  I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correction officer.
[01:31:53.000 --> 01:31:58.200]  I'm an Air Force pilot. I'm a father who lost his son. We're Americans and we deserve the truth.
[01:31:58.200 --> 01:32:03.720]  Go to RememberBuilding7.org today. Hey, it's Danny here for Hill Country Home Improvements.
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[01:32:08.200 --> 01:32:12.200]  caused it with their chemtrails. But good luck getting them to pay for it. Okay, I might be
[01:32:12.200 --> 01:32:16.440]  kidding about the chemtrails. But I'm serious about your roof. That's why you have insurance,
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[01:32:30.760 --> 01:32:38.920]  roof right the first time. Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.920 --> 01:32:43.880]  Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos radio
[01:32:43.880 --> 01:32:48.680]  network to help continue this programming. So if those out-of-town roofers come knocking,
[01:32:48.680 --> 01:32:57.560]  your door should be locked in. That's 512-992-8745 or hillcountryhomeimprovements.com. Discounts
[01:32:57.560 --> 01:33:01.320]  are based on full roof replacement. I mean I actually be kidding about chemtrails.
[01:33:28.360 --> 01:33:33.880]  Okay, we are back. Randy Kelton with our radio with our special guest,
[01:33:33.880 --> 01:33:40.120]  Kid Magnussen. Okay, Ken, do you want to keep going or should we go to callers?
[01:33:41.160 --> 01:33:45.080]  We can go to some callers. It would be nice if we had some specific callers
[01:33:45.080 --> 01:33:48.760]  asking how to do research, but that's too much to hope for.
[01:33:49.480 --> 01:33:54.120]  I may have one here. Tim from Texas.
[01:33:54.120 --> 01:33:58.680]  Yes, sir. There you go. Got you unmuted.
[01:33:59.800 --> 01:34:03.720]  All right. But you sounded so much more serene when you were muted.
[01:34:06.360 --> 01:34:10.040]  Yeah, I know. Okay, Tim, what do you have for us today?
[01:34:10.920 --> 01:34:20.280]  Well, you know, we got surprise tap on the door this morning with the law, the attorneys who are
[01:34:20.280 --> 01:34:31.480]  taking us to task from the city's lawsuit against us with a deposition subpoena for my wife,
[01:34:32.040 --> 01:34:37.400]  and of course she had already gone out of town. So it put me into a little bit of fear mode.
[01:34:37.400 --> 01:34:40.920]  I'm thinking, oh my God, what are they doing? And then after I settled down a little bit,
[01:34:40.920 --> 01:34:46.440]  I'm pretty sure I know what they're doing. But you know, where our case is, and you've been talking
[01:34:46.440 --> 01:34:55.640]  a lot about mandamus yesterday and today. And from what I can see at the courts, it doesn't
[01:34:55.640 --> 01:35:03.400]  look like they grant one very often. So with what Ken was saying, it appears that money
[01:35:04.360 --> 01:35:12.040]  and time have a whole lot to do with where we can go with this. And if you don't have a lot of money
[01:35:12.040 --> 01:35:21.400]  and you don't have a lot of time, then you are rushed and you're broke. And it decreases your
[01:35:21.400 --> 01:35:30.360]  ability to get the higher courts to do what you feel the lower courts fail to do. Does that make
[01:35:30.360 --> 01:35:38.280]  any sense? Let me say something. This is Ken. First off, what state are we talking about?
[01:35:38.280 --> 01:35:45.080]  You in Texas? Yes, sir. Okay. First thing is, is who knocked on the door? The attorneys can't
[01:35:45.080 --> 01:35:49.240]  knock on the door because they're not allowed to serve a subpoena. They're allowed to sign them.
[01:35:50.200 --> 01:35:57.800]  It was a company. Okay. Number two, depending on what the subpoena is, if it's for a deposition,
[01:35:57.800 --> 01:36:02.840]  they generally don't subpoena for depositions. They're supposed to, if this is a civil issue,
[01:36:02.840 --> 01:36:08.680]  they're supposed to send you dates and let you select the date that's convenient. If they've
[01:36:08.680 --> 01:36:16.040]  issued a subpoena for your wife, the problem is, is that she can't, they can't hold her accountable
[01:36:16.040 --> 01:36:23.640]  if she's not there when they serve you. Right. Number two, wait a minute. This has to be civil.
[01:36:24.680 --> 01:36:30.520]  It is civil. Right. They've got to follow the rules of civil procedure then. They didn't follow
[01:36:30.520 --> 01:36:37.640]  them. Okay. Well, I think they're in a panic because our next court date is the 14th and they're
[01:36:37.640 --> 01:36:46.760]  trying to, should I say about the property, Randy? Yeah, but it's not really relevant at this point.
[01:36:48.200 --> 01:36:56.200]  Yeah, go ahead. Go ahead. Well, they're trying to accuse us of transferring a bunch of property out
[01:36:56.200 --> 01:37:02.200]  of our name so that they can't put a lien against it, but we didn't transfer anything.
[01:37:05.000 --> 01:37:17.480]  We simply, I can't remember the word that Lou uses. So anyway. He moved the property into a trust.
[01:37:18.360 --> 01:37:23.080]  Yeah, moved it into a trust, but we're still the beneficiaries of the property.
[01:37:23.080 --> 01:37:35.000]  So I don't, that's not really an issue yet. They are kind of frantic because I am certain
[01:37:35.880 --> 01:37:39.880]  what they did in this last hearing, you know, they went after
[01:37:42.040 --> 01:37:48.520]  Tim for eight supposed junk vehicles and he has an auto repair facility,
[01:37:48.520 --> 01:37:58.680]  but the city manager had a vendetta that she was exercising and Ken didn't lay down and roll over
[01:37:58.680 --> 01:38:07.800]  for the city. They filed, they did some shenanigans and denied him in a jury trial and we went after
[01:38:07.800 --> 01:38:15.320]  them and filed criminal charges against them. And now they're trying to retaliate. They just
[01:38:15.320 --> 01:38:22.520]  filed a motion with the court saying that over the last 20 years, Tim violated all of these
[01:38:23.320 --> 01:38:31.800]  ordinances repeatedly and he should owe the city $5 million over unadjudicated issues.
[01:38:32.920 --> 01:38:40.760]  Right. They're really going way out there acting absolutely ignorant. Which county is this in?
[01:38:40.760 --> 01:38:47.800]  This is Wise County. And I've been telling Tim and Laura from the beginning
[01:38:48.840 --> 01:38:55.320]  that never interfere with someone when they're screwed up. And they were real uncomfortable
[01:38:55.320 --> 01:39:01.480]  standing back and letting these guys do this thing. And then when we finally landed on them,
[01:39:01.480 --> 01:39:08.760]  I don't think they saw it coming. And we raised issues that were absolutely incontrovertible.
[01:39:08.760 --> 01:39:15.080]  And now they seem to be kind of frantic trying to frighten Tim and Laura into running away.
[01:39:16.840 --> 01:39:22.360]  But they're not running away. And the more they try and the more they don't run away,
[01:39:22.360 --> 01:39:28.680]  the more it seems the more frantic they get. Okay. Point of order here. So what is the court
[01:39:28.680 --> 01:39:35.640]  case under which they say they can get a subpoena to do a definition under one law today? The rule
[01:39:35.640 --> 01:39:46.520]  of Texas local government code 54, chapter 54. What they're claiming is there is a claim against
[01:39:48.280 --> 01:39:58.120]  Tim for $8,000. That hasn't been adjudicated. That's right. It never was adjudicated. An
[01:39:58.120 --> 01:40:02.760]  administrative panel and in researching the code, and this is what I'm doing on the
[01:40:02.760 --> 01:40:10.440]  mandamus. In researching the code, I could find no authorization for the municipality
[01:40:11.000 --> 01:40:22.200]  to appoint an administrative panel. But assuming that because the prosecutor convinced Tim to agree
[01:40:22.200 --> 01:40:27.720]  to it that, okay, if both parties agree to it, they can do that essentially under contract.
[01:40:27.720 --> 01:40:37.560]  But the contract was clear in that the judge appointed this panel for the limited purpose
[01:40:38.200 --> 01:40:45.560]  of determining if these vehicles actually fell within the junk vehicle's ordinance.
[01:40:46.840 --> 01:40:55.720]  But instead of ruling that, they adjudicated the case in the face of a jury demand.
[01:40:55.720 --> 01:41:04.920]  And they claimed, and then as soon as the board administrated the case, the judge never accepted
[01:41:04.920 --> 01:41:15.720]  their ruling and they never issued an order. Right. We also had a municipal court. We also
[01:41:15.720 --> 01:41:21.080]  had a challenge to subject matter jurisdiction challenging the ruling by the administrative
[01:41:21.080 --> 01:41:27.640]  panel. And the condition of granting the administrative panel was that Tim could
[01:41:28.280 --> 01:41:33.400]  appeal their decision to the court. We did that in the form of a subject matter jurisdiction
[01:41:33.400 --> 01:41:40.040]  challenge. That went unanswered. So we filed a summary judgment and the court refused to hear
[01:41:40.040 --> 01:41:47.800]  the summary judgment. And then these lawyers filed a, they never made any effort to collect from
[01:41:47.800 --> 01:41:54.200]  Tim. But their first effort at collection was filing a case in the district court. And now
[01:41:54.200 --> 01:42:01.560]  they're asking for, for, we did, they ignored it. We challenged subject matter jurisdiction
[01:42:01.560 --> 01:42:06.040]  claiming that they didn't have standing to invoke the subject matter jurisdiction of the court.
[01:42:06.040 --> 01:42:13.560]  And the judge just dismissed all our claims with prejudice. No explanation. We requested
[01:42:13.560 --> 01:42:20.280]  fight. We didn't get there yet. We requested findings, de facto, and conclusions. 20 days
[01:42:20.280 --> 01:42:25.800]  later, he didn't provide it. We filed criminally against him and then filed a notice of late filing.
[01:42:26.440 --> 01:42:34.040]  He had 10 more days. He didn't file it. Now we're filing a mandamus to ask the court
[01:42:34.920 --> 01:42:41.640]  to rule that the judgment by the district court was void for lack of subject matter jurisdiction.
[01:42:41.640 --> 01:42:48.520]  And the other side don't know we're doing the mandamus yet. But the judge did not,
[01:42:48.520 --> 01:42:57.320]  at the last hearing, did not grant everything that the other side asked for. I think he got
[01:42:57.320 --> 01:43:01.880]  notice of the judicial conduct complaint. And he probably knows about the criminal
[01:43:01.880 --> 01:43:09.400]  complaint against him by now. So now he's not just blowing everything off because Tim is not
[01:43:09.400 --> 01:43:19.800]  laying down and rolling over for it. So he didn't grant the motions and he's put it off to give
[01:43:20.520 --> 01:43:31.000]  Tim time to answer. They filed, what, 500 pages, Tim? No, it's a bunch. Yeah, big stack of documents
[01:43:31.000 --> 01:43:41.720]  on Friday. And they tried to adjudicate those on Monday. And the judge said, no, not going to happen.
[01:43:42.760 --> 01:43:50.760]  And he put it off till 14. So before we get to that, we're filing the mandamus and asking for
[01:43:50.760 --> 01:43:58.760]  a restraining order on the court until the mandamus is hurt. We don't care what the judge does.
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[01:46:26.600 --> 01:46:46.760]  Okay, we are back. Randy Kilton from Rule of Law Radio, and we're talking to Tim in Texas,
[01:46:46.760 --> 01:46:53.080]  and we have Kid Magnuson, our special guest on, and we kind of run off the cliff there when we
[01:46:53.080 --> 01:47:00.600]  went out. But we're at that point in the case where the worm is beginning to turn on these guys,
[01:47:01.960 --> 01:47:09.400]  and the outrageous stuff they're doing is beginning to tell on them. They're doing everything they
[01:47:09.400 --> 01:47:17.960]  can to keep from having to address the fact that they did not answer the subject matter
[01:47:17.960 --> 01:47:23.480]  jurisdiction challenge. They haven't seen the collateral estoppel argument yet,
[01:47:24.840 --> 01:47:31.560]  but we're filing an action. They gave him another citation on one of the vehicles that were cited
[01:47:31.560 --> 01:47:41.000]  the first time, but that vehicle, the vehicle is illegal. It's got, where's it Tim? Oops, hold on,
[01:47:41.000 --> 01:47:51.160]  I got Tim muted. It's got anti-plates on it. Yeah. And anti-plates, it just has to run,
[01:47:51.720 --> 01:47:58.840]  and it does run. Yeah. So it can sit there. So they filed a complaint on it, and they don't
[01:47:58.840 --> 01:48:07.160]  know it actually runs, but they didn't come check either. And so, part of the code that they have,
[01:48:07.160 --> 01:48:16.920]  if they assume that it doesn't run, it says they can make the person show them whether it runs or not.
[01:48:17.560 --> 01:48:25.960]  So that's part of their responsibility in this. Yeah. So, but we're not going there yet. Where
[01:48:25.960 --> 01:48:40.200]  we're going is collateral estoppel. We filed a constitutional challenge to the applicability
[01:48:40.200 --> 01:48:50.040]  of the ordinance to Tim because he's not an employee or in contract with the municipality.
[01:48:50.040 --> 01:49:01.160]  And we maintained that for the municipality to write an ordinance and then apply that to
[01:49:01.160 --> 01:49:10.920]  the general public makes the ordinance a law. And the legislature has no power to delegate
[01:49:10.920 --> 01:49:16.280]  lawmaking authority to a minute to a corporation, even a municipal corporation.
[01:49:16.280 --> 01:49:27.160]  So that's the argument that we made. They didn't respond. And the case law on that is
[01:49:27.160 --> 01:49:37.400]  of Sylvia from 1925. Houston versus American Savings v. Muzak. Assertions of fact,
[01:49:37.400 --> 01:49:44.760]  not pled in the alternative. In the live pleadings of a party are regarded as a formal
[01:49:44.760 --> 01:49:55.000]  judicial admission. Right then, but the fact that the legislature signing, delegating its duties to
[01:49:55.000 --> 01:50:05.160]  a subordinate government entity is addressed in the Sylvia. Oh, Sylvia's familiar. I should
[01:50:05.160 --> 01:50:12.200]  know that. Anyway, next one, a judicially admitted fact is established as a matter of law.
[01:50:12.200 --> 01:50:18.520]  And the admitting party may not dispute it or introduce evidence contrary to it.
[01:50:19.720 --> 01:50:27.080]  So we're saying in the first case, the first set of complaints,
[01:50:28.360 --> 01:50:38.360]  the prosecution gave formal judicial admission that the city of Newark did not have authority
[01:50:38.360 --> 01:50:48.680]  to enforce the statutes against Tim. And therefore, the second filing is subject to
[01:50:48.680 --> 01:50:53.720]  collateral restopplement because they've already judicially admitted that they cannot apply it.
[01:50:56.760 --> 01:51:03.560]  Does that sound like fun? Sounds like they're in trouble. It still sounds like this board,
[01:51:03.560 --> 01:51:09.160]  though, whether agreed upon or not. If they don't follow the rules, then they violated
[01:51:09.160 --> 01:51:15.480]  new process. Even if you admit it, you know, go to a board, if it's only an advisory board
[01:51:15.480 --> 01:51:21.480]  subject to, you know, a judicial oversight and they haven't got the judicial determination,
[01:51:22.200 --> 01:51:26.680]  then it's only an advisory board. They can't act upon it as if it's a final determination.
[01:51:27.320 --> 01:51:33.400]  That's exactly what we said in the criminal charges we filed with the grand jury against
[01:51:33.400 --> 01:51:43.800]  them. So we hope that the city is getting pretty tense concerning their lawyers.
[01:51:43.800 --> 01:51:54.520]  If they're not so far, if we get the mandamus ruling we want, then the city's got big problems.
[01:51:54.520 --> 01:52:00.920]  And this law firm has got even bigger problems. They asked for $70,000 in attorney fees.
[01:52:00.920 --> 01:52:07.080]  $80,000. Not reasonable. Not reasonable in just $80,000.
[01:52:07.080 --> 01:52:16.520]  $72,000 was attorney fees, $8,000 was the actual fines for filing two or three motions.
[01:52:18.840 --> 01:52:28.120]  Clearly what they're trying to do is punish Tim for exercising his right to do process.
[01:52:28.120 --> 01:52:34.840]  I've still kind of played filing a motion with the trial court,
[01:52:34.840 --> 01:52:40.120]  municipal court, indicating that they had a duty and make them move to rule on the
[01:52:40.680 --> 01:52:43.880]  pending motions before the court and warn them about...
[01:52:45.240 --> 01:52:48.120]  Wait a minute. We did that. We filed a summary judgment.
[01:52:52.680 --> 01:52:57.720]  Let me finish. We filed a summary judgment. They didn't respond. Tim
[01:52:57.720 --> 01:53:04.600]  requested what, two or three times for the court to set a hearing on the summary judgment,
[01:53:04.600 --> 01:53:10.360]  the court refused. So we've got the subject manager's jurisdiction, the summary judgment,
[01:53:10.360 --> 01:53:15.080]  sitting there and the court refused to hear on them, to rule on them, and then they went ahead
[01:53:16.120 --> 01:53:23.560]  and filed a suit against Tim to collect on the ruling by the administrative panel.
[01:53:23.560 --> 01:53:29.560]  So we couldn't get the court. We tried to file a mandamus with the county court and the county
[01:53:29.560 --> 01:53:34.520]  court refused to hear it because there was an action in the district court. And that
[01:53:34.520 --> 01:53:39.080]  complicated things. So I didn't want to hammer the county judge quite yet.
[01:53:40.200 --> 01:53:43.240]  We filed a judicial complaint against the municipal court judge?
[01:53:44.200 --> 01:53:48.040]  Oh yeah. Anna Bargreven, since he's a lawyer as well.
[01:53:48.040 --> 01:53:54.760]  Well, we did it on the new case because of he denied our special appearance.
[01:53:56.760 --> 01:53:58.520]  Yeah, I said he didn't know what it was.
[01:53:59.960 --> 01:54:05.640]  Well, he wanted me to explain to him what it was, and I said it's written out.
[01:54:06.920 --> 01:54:10.200]  Okay. Okay. Wait a minute. You've got to stop here. I've got to do some bragging
[01:54:10.200 --> 01:54:19.640]  on Tim. Tim's terrified. They're trying to shut down a 20-year business and take everything he's
[01:54:19.640 --> 01:54:26.680]  got. He went into court on this hearing. And if I didn't know any better, I would have thought
[01:54:26.680 --> 01:54:36.920]  it was me or you, Ken. He was as cool as a cucumber. And I hate to say this because it's
[01:54:36.920 --> 01:54:45.320]  going to give him the big head. But he really handled himself well. And from what I hear,
[01:54:45.320 --> 01:54:52.280]  the prosecutor could not get Tim rattled. And that's prosecutor rattled.
[01:54:54.920 --> 01:55:01.480]  So keeping your cool in court and not letting them engage you is very powerful. Anyway,
[01:55:01.480 --> 01:55:10.200]  okay. That's all the bragging you get. Okay. Well, when I tried to get the prosecutor to
[01:55:10.200 --> 01:55:17.480]  explain to me exactly what I was being charged with, she was trying to tell me,
[01:55:17.480 --> 01:55:21.000]  well, we sent it to you in the mail. I said, yeah, but it doesn't make any sense. Can you
[01:55:21.000 --> 01:55:26.040]  please explain it to me? So she pulled out some papers and started rambling and got a little
[01:55:26.040 --> 01:55:32.840]  her voice. She has an issue with the grand jury against her that we filed back in October that
[01:55:32.840 --> 01:55:39.160]  still hasn't been heard. So she knows that, I'm sure. And she doesn't like me because of all of
[01:55:39.160 --> 01:55:44.120]  this. And so when it comes down to it, I said, well, can you show me the code? She says, well,
[01:55:44.120 --> 01:55:48.680]  I don't have the code to memorize or anything. So anyway, so when I go back to my seat,
[01:55:50.360 --> 01:55:54.040]  because I said I wasn't going to flee to something that she can't explain to me what I did wrong
[01:55:54.040 --> 01:55:59.480]  because everything I have is legal. And when I went back to my seat, I saw that the bailiff had
[01:55:59.480 --> 01:56:03.560]  cinched up behind my wife when we were sitting on the front row and he gave me a look like he was
[01:56:03.560 --> 01:56:08.680]  picking up pounds on me. And I said, I've done nothing. I sit down next to my wife and she said,
[01:56:08.680 --> 01:56:12.360]  please don't do anything to get arrested. You know, she's whispering in my ear.
[01:56:13.000 --> 01:56:19.000]  So I thought, what would Rand do? So I stood up, I walked over to him and I said, what is your name?
[01:56:19.000 --> 01:56:24.920]  And I think it surprised him. And he gave me his name and he's being a smart aleck. I said,
[01:56:24.920 --> 01:56:28.520]  I'm just trying to get your name. And he says, I don't care what you do, you know,
[01:56:28.520 --> 01:56:31.960]  start rattling off a bunch of other stuff. And I just turned around, went back, sat down.
[01:56:32.760 --> 01:56:36.520]  And then when I went up to the judge, when he called me, that's when he tried to get me to
[01:56:36.520 --> 01:56:40.840]  explain to him the special appearance. And I said, well, wait a minute, he says, listen,
[01:56:40.840 --> 01:56:45.880]  if you don't explain to me what this is, he says that I'm not going to be able to rule in favor.
[01:56:45.880 --> 01:56:51.880]  I said, well, I said, I'll tell you what, since she cannot explain to me what you're actually
[01:56:51.880 --> 01:56:58.680]  charging me with as a violation of law, then I don't think I should have to explain to you
[01:56:58.680 --> 01:57:03.960]  what this special appearance is that is written law, because you're both attorneys and I'm a
[01:57:03.960 --> 01:57:10.520]  profe. And so he just said it aside. But then I did something that was totally ignorant and I
[01:57:10.520 --> 01:57:18.440]  filled out their form, which entered a plea. After all of that bravado, and then I entered
[01:57:18.440 --> 01:57:23.800]  a plea anyway and signed my name in a contract, you know, it seems to me that's how they get you
[01:57:23.800 --> 01:57:31.560]  on everything is contractual. No, wait, you didn't harm you at all. Well, I know, but I'm hearing.
[01:57:31.560 --> 01:57:38.760]  You raised your issue. Your issue was raised in the court. So the issue is before the court.
[01:57:38.760 --> 01:57:46.840]  And we've had guys file an action, especially a subject matter jurisdiction issue. And then
[01:57:46.840 --> 01:57:51.960]  the court doesn't rule on it. So they just ignore everything else. Well, then you go ahead and file
[01:57:51.960 --> 01:57:56.840]  against them on everything else. And now they've got this huge issue to deal with. So get your
[01:57:56.840 --> 01:58:07.160]  issue before the court and then go ahead and educate your case. Okay. Yeah. Yeah. One of the
[01:58:07.160 --> 01:58:12.360]  questions is when you get any kind of charge for citation under the Texas Constitution,
[01:58:12.360 --> 01:58:19.480]  you have the right to have the nature and cause, which is the specification of the charge. And
[01:58:19.480 --> 01:58:26.520]  you can request that. That's exactly what he was asking for. He don't have to ask for it in the
[01:58:26.520 --> 01:58:32.120]  verbiage of nature and cause. He was asking for them. He didn't understand the charge and he's
[01:58:32.120 --> 01:58:41.160]  asking them to explain it. So that's exactly what he did. Did he say subrogation? Subrogation.
[01:58:42.200 --> 01:58:45.640]  Yeah. What does that mean? Cause I've heard that word being used the past
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