[00:33.640 --> 00:44.320]  Bitcoin Cash is at $132.12, a crypto coin.
[00:44.320 --> 00:50.360]  Today in History, the year 1935 Amelia Earhart becomes the first person to fly a solo from
[00:50.360 --> 00:57.120]  Hawaii to California.
[00:57.120 --> 01:02.160]  In recent news, a recent study by fitsmallbusiness.com ranked Texas number one among states that
[01:02.160 --> 01:06.760]  are best for women entrepreneurs, stating that Texas used to conjure images of cowboys
[01:06.760 --> 01:11.240]  in the wild west, but it's becoming a start-up hotspot with new businesses increasingly saddling
[01:11.240 --> 01:12.920]  up in the Lowstar state.
[01:12.920 --> 01:17.040]  Texas has hands down one of the nation's top states due to its business-friendly legal
[01:17.040 --> 01:21.240]  and economic climate, plus with the below-average cost of living, you can quickly increase your
[01:21.240 --> 01:24.160]  living standard and improve your lifestyle for less.
[01:24.160 --> 01:27.960]  Factors included consider the percentage of minority-owned businesses, the number of
[01:27.960 --> 01:32.120]  small business administration women's business centers, and the availability of public-private
[01:32.120 --> 01:36.560]  support networks such as business associations, clubs, and groups geared towards female business
[01:36.560 --> 01:37.560]  owners.
[01:37.560 --> 01:40.960]  Women are shaping the nation's business climate with an ever-increasing number of innovative
[01:40.960 --> 01:48.000]  businesses.
[01:48.000 --> 01:52.000]  The biggest cryptocurrency mining facility in the United States, ran by Chinese company
[01:52.000 --> 01:56.360]  Bitmain, has suspended its operations in Rockdale, with one of the main factors of the cutback
[01:56.360 --> 01:58.960]  being the recent drop in the value of Bitcoin.
[01:58.960 --> 02:03.160]  Bitmain officials have declined to make any new statements, comments, but it appears that
[02:03.160 --> 02:07.600]  the staff has been cut across the company as a whole and not just in Rockdale, with
[02:07.600 --> 02:11.800]  the company reportedly laying off more than half of its global workforce and even discontinued
[02:11.800 --> 02:18.600]  its operations in Israel.
[02:18.600 --> 02:22.440]  As reported by the Dallas Business Journal, federal court records revealed that Serrano
[02:22.440 --> 02:26.320]  LLC filed for Chapter 11 bankruptcy on January 4th.
[02:26.320 --> 02:31.240]  With liabilities of $10 million to $50 million, Serrano is an affiliate of Fundcorp and owns
[02:31.240 --> 02:33.840]  Mr. Gatti's in Austin, Texas company.
[02:33.840 --> 02:37.600]  News comes a few months after Mr. Gatti's announced that 13 Austin locations would be
[02:37.600 --> 02:39.960]  sold to a former Papa John's executive.
[02:39.960 --> 02:46.040]  The Longstar Lowdown is currently for sponsors, you have a product or a service you have to
[02:46.040 --> 02:50.720]  advertise with us, feel free to shoot me an email at rickrody at potomail.com, that's
[02:50.720 --> 02:51.720]  rickrodyrwgde at potomail.com.
[02:51.720 --> 02:58.720]  This is your Lowdown for January 11th, 2019.
[02:58.720 --> 03:25.600]  Okay, howdy, howdy, Randy Kelton, rule of law radio on this Friday, the 11th day of
[03:25.600 --> 03:30.560]  January 2019.
[03:30.560 --> 03:36.600]  And glad everyone's here, this is my first show in the new year, I've been traveling
[03:36.600 --> 03:42.280]  and had some technical difficulties, so I apologize about last night, I wanted to come
[03:42.280 --> 03:46.160]  on but I was having issues and couldn't.
[03:46.160 --> 03:54.460]  So this is my first show of the new year and I'm excited, lots of things are happening,
[03:54.460 --> 04:06.160]  let me make sure the call bridge is on, our call in number is 512-646-1984.
[04:06.160 --> 04:14.320]  If you have a question or comment, give us a call, we'll be taking your calls all night.
[04:14.320 --> 04:26.480]  And I'll start out by an update on the electronic lawyer program, a few weeks ago, about the
[04:26.480 --> 04:38.040]  middle of December I was talking to my programmer and he's in Russia and he gets very detailed
[04:38.040 --> 04:44.700]  and technical with me and he's telling me that he didn't understand the American law
[04:44.700 --> 04:54.340]  and how the American law worked and asked me to explain him how do you read and understand
[04:54.340 --> 04:55.340]  case law.
[04:55.340 --> 05:04.980]  Oh, that was a good question, I don't know, I just read and understand it.
[05:04.980 --> 05:16.340]  And I had to sit down and start breaking that apart and in the process of trying to come
[05:16.340 --> 05:27.260]  up with an explanation of how I read case law and make sense of it in the context of
[05:27.260 --> 05:38.500]  the law around him, I came to a realization, it's actually too complex to try to explain
[05:38.500 --> 05:42.980]  here on the air, it would take too long to explain it.
[05:42.980 --> 05:53.660]  But based on that realization, we should be able to build a set of algorithms and run
[05:53.660 --> 06:04.820]  them on the statutes, the rules, regulations, and the case law and organize the entire body
[06:04.820 --> 06:14.660]  of law into a structure that mimics our questionnaires.
[06:14.660 --> 06:22.540]  What it will do is cut off probably 90% of the time it would take to develop these questionnaires.
[06:22.540 --> 06:31.060]  And so it dramatically decreased the amount of funding we need in order to get this thing
[06:31.060 --> 06:32.060]  launched.
[06:32.060 --> 06:43.820]  So I'm really excited, I've got a couple of members coming on board that should allow
[06:43.820 --> 06:52.420]  us to have this thing help in running within six months of financing without having to
[06:52.420 --> 06:57.340]  get anywhere near as much financing as we had expected.
[06:57.340 --> 07:02.940]  And I already have a tentative commitment, we're still working out some contractual agreements.
[07:02.940 --> 07:10.940]  So we may actually have funding within a month or so.
[07:10.940 --> 07:15.340]  But we can start actually building this tool and start bringing it up online.
[07:15.340 --> 07:20.820]  I have a caller, John, in New York, hello John, what do you have for us today?
[07:20.820 --> 07:22.700]  Well, happy New Year.
[07:22.700 --> 07:25.900]  Thank you very much, Randy.
[07:25.900 --> 07:30.460]  I was in, well, just wanted to update you and then get your comment.
[07:30.460 --> 07:31.980]  Here is what happened.
[07:31.980 --> 07:37.620]  My relative with the seat belt tickets, the one where the officer had one charge on the
[07:37.620 --> 07:43.140]  ticket and then he said, there's no seat belt at all, he didn't use his seat belt at
[07:43.140 --> 07:44.140]  all.
[07:44.140 --> 07:48.620]  Then he changed horses quickly in midstream and he said, well, you weren't wearing it
[07:48.620 --> 07:49.620]  properly.
[07:49.620 --> 07:54.220]  When he found out that there was a witness in the car who was going to testify to the
[07:54.220 --> 07:56.260]  fact that he was wearing his seat belt.
[07:56.260 --> 08:00.340]  So he changed his story to go along with that.
[08:00.340 --> 08:07.940]  And when this whole thing is over and done with, I fully expect to charge the officer
[08:07.940 --> 08:10.340]  with first degree aggravated surgery.
[08:10.340 --> 08:16.460]  Now I haven't done, we haven't done so yet, but and I know it's a good idea to do so and
[08:16.460 --> 08:19.820]  have the judge acting in collusion with him.
[08:19.820 --> 08:27.900]  Okay, now that being said, what happened, my relative asked for an appeal or rather
[08:27.900 --> 08:35.540]  he filed for an appeal, the appeal court, the appeals court and the trial court with
[08:35.540 --> 08:40.660]  the judge who pronounced him guilty, they were dragging their feet.
[08:40.660 --> 08:49.980]  And I think it was like something like 45 days and they still hadn't requested from
[08:49.980 --> 08:57.060]  the transcriber, a transcription of the trial.
[08:57.060 --> 09:05.740]  And now it just, in the last few days, the transcriber got a request finally from the
[09:05.740 --> 09:11.300]  judge that you know of in most states or in any state.
[09:11.300 --> 09:20.980]  Is there a set time that the trial judge, trial court has to come clean with a request
[09:20.980 --> 09:28.340]  to put this all in action, to get a copy of the digital copy of the proceeding to the
[09:28.340 --> 09:29.340]  transcriber.
[09:29.340 --> 09:30.340]  Do they have a time limit?
[09:30.340 --> 09:39.220]  Not that I know of, they have a time limit to bring you to trial, but once you've been
[09:39.220 --> 09:47.540]  to trial, those time limits, all the constitutional right to speedy trial, all that, that's passed.
[09:47.540 --> 09:52.460]  So yeah, the judge will take however much time they want to, unless you can show harm
[09:52.460 --> 09:58.020]  and ask a higher judge to force him to get up off the dime, but otherwise, no, there's
[09:58.020 --> 10:02.500]  no time requirement that I know of.
[10:02.500 --> 10:07.660]  There may be something special in New York law that I've never heard of, but as far as
[10:07.660 --> 10:09.660]  I know, no.
[10:09.660 --> 10:10.660]  Okay.
[10:10.660 --> 10:11.660]  All right.
[10:11.660 --> 10:18.420]  I know you don't know everything, but you're coming real close.
[10:18.420 --> 10:26.020]  Okay, I won't even go there.
[10:26.020 --> 10:30.180]  The more I find out, the more I find out how much I don't know.
[10:30.180 --> 10:33.180]  Well, I know what you mean.
[10:33.180 --> 10:41.140]  All right, now, so, oh, oh, oh, oh, oh, oh, oh, and I don't have it in front of me here.
[10:41.140 --> 10:43.780]  I've got to find it, here we go.
[10:43.780 --> 10:50.060]  I wanted to, is the appeal, it's very short, thanks to you, the appeal is very short, and
[10:50.060 --> 10:55.820]  I wanted to read it to you and just to get your reaction, but in the meantime, I want
[10:55.820 --> 11:04.740]  to tell you about the bad grandma, who's actually a good grandma, but we call her the
[11:04.740 --> 11:05.740]  bad grandma.
[11:05.740 --> 11:08.020]  Yes, Miss Leslie.
[11:08.020 --> 11:09.020]  Yep.
[11:09.020 --> 11:20.620]  Well, she seems to think, and very strongly so, that Virginia, with that 24 closure, that
[11:20.620 --> 11:37.380]  what it boils down to is the, according to Joe Esquivel, that I'm learning, Joe Esquivel
[11:37.380 --> 11:49.340]  said that the bank sold the, let's see if I say this right, sold the mortgage to Ginny
[11:49.340 --> 11:54.580]  May, but Ginny May was not mentioned in the public record, and Ginny May is not mentioned
[11:54.580 --> 12:02.580]  on the promissory note, so that is the basis upon which, that you said, you could possibly
[12:02.580 --> 12:13.580]  file for a declaratory judgment, then it goes to discovery, then you can file in court,
[12:13.580 --> 12:20.340]  and, well, anyway, you just, from there.
[12:20.340 --> 12:26.020]  This would go to a subject manager restriction challenge, and claim that the plaintiff lacked
[12:26.020 --> 12:29.780]  standing to invoke the subject manager restriction of the court.
[12:29.780 --> 12:40.380]  Right, which has no statute of limitations, and so you invoke the subject manager of the
[12:40.380 --> 12:49.500]  court, and that has no SOL, what do you call it, that just said it.
[12:49.500 --> 12:50.500]  Statue of limitations.
[12:50.500 --> 12:55.380]  Statue of limitations, that has no, so the subject manager restriction has no statute
[12:55.380 --> 13:00.740]  of limitations, and that's how you approach it, and you hit the contract, you hit it hard.
[13:00.740 --> 13:08.500]  Okay, now she says that the bank didn't really, it looks like the bank sold it, but the bank
[13:08.500 --> 13:13.660]  really didn't sell it, they just collateralized the loan, and I was trying to get ahold of
[13:13.660 --> 13:18.100]  Joe Esquivel and you to ask you, what are your thoughts on that?
[13:18.100 --> 13:21.420]  Did they sell it, or did they just collateralize?
[13:21.420 --> 13:25.620]  What do you mean when you say collateralize?
[13:25.620 --> 13:35.660]  Well, I guess they got a loan from Ginny May, they got money from Ginny May, but didn't
[13:35.660 --> 13:38.140]  they have to give something in return?
[13:38.140 --> 13:47.180]  See, that's, according to Leslie, it wasn't sold to Ginny May, they just got, they borrowed
[13:47.180 --> 13:52.500]  money on it, and they did what they called collateralized, is she correct?
[13:52.500 --> 13:56.180]  That doesn't quite, I don't know if that sounds right.
[13:56.180 --> 14:03.180]  That goes to the internal workings of the banks, and I don't know how they do that.
[14:03.180 --> 14:06.860]  Well, who's right?
[14:06.860 --> 14:16.940]  Normally when this changes hands this way, the promissory note is transferred through
[14:16.940 --> 14:29.980]  at a launch to Ginny May or whoever takes the debt, and how, what the bank does when
[14:29.980 --> 14:36.500]  they sell it, they're required to sell it at auction, and if nobody bids on it, then
[14:36.500 --> 14:46.460]  the bank purchases it back, so in this case the owner would be, should be Ginny May, if
[14:46.460 --> 14:51.180]  you have evidence that supports that it was transferred to Ginny May, but this is a little
[14:51.180 --> 14:57.460]  complex, and what we're speaking to is a little true general.
[14:57.460 --> 15:05.020]  If there is nothing in the record showing that Ginny May has anything to do with the
[15:05.020 --> 15:11.660]  mortgage, Ginny May would not have standing to come before the court.
[15:11.660 --> 15:21.980]  But if in fact the entity who comes before the court has transferred beneficial interest
[15:21.980 --> 15:32.660]  in the mortgage to a third party, then that person no longer has standing to invoke.
[15:32.660 --> 15:40.300]  Only the person who holds beneficial interest, if that's Ginny May, then Ginny May would
[15:40.300 --> 15:47.060]  have to file notice in the record, and then file with the court, well I'm saying that,
[15:47.060 --> 15:56.700]  let me step back, Ginny May would have a claim regardless of whether it was filed in the
[15:56.700 --> 16:06.180]  record or not, because Ginny May would be the holder, filing in the record is giving
[16:06.180 --> 16:17.100]  notice to other parties that you are the holder, so it would protect them from a subsequent
[16:17.100 --> 16:25.820]  claim, and that's really all that would do, so if you can show that it would, the beneficial
[16:25.820 --> 16:32.620]  interest was transferred to Ginny May, then you can go back and claim that the plaintiff
[16:32.620 --> 16:39.100]  lacked standing to invoke jurisdiction in the court, the only one who had standing to
[16:39.100 --> 16:41.980]  do that was Ginny May.
[16:41.980 --> 16:50.860]  Hang on, about to go to break, Randy Kelton, Reels Law Radio are calling number 512-646-1984,
[16:50.860 --> 17:03.980]  you'll be taking your calls all night, hang on, we'll be right back.
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[19:30.340 --> 19:31.340]  Okay.
[19:31.340 --> 19:32.340]  We are back.
[19:32.340 --> 19:41.300]  Randy Kelton, rule of law radio on this Friday, the 11th day of January 2019 and we're talking
[19:41.300 --> 19:43.500]  to John in New York.
[19:43.500 --> 19:56.060]  So John, we shifted from traffic to foreclosure and what about traffic?
[19:56.060 --> 20:06.460]  Okay, well, while we're talking, I'm going to have to go back and read the, and fine,
[20:06.460 --> 20:07.460]  I wrote it out.
[20:07.460 --> 20:10.980]  I sent it to you, but that was a while ago.
[20:10.980 --> 20:16.660]  It was a few weeks, couple of weeks ago and I wanted to read you the short appeal.
[20:16.660 --> 20:22.100]  It was short, sweet, and to the point and I think it's going to win it because of your
[20:22.100 --> 20:26.300]  help and you directed me, you kept me on the right path.
[20:26.300 --> 20:30.580]  Okay, but you don't have it.
[20:30.580 --> 20:31.580]  I got it in front of me.
[20:31.580 --> 20:32.580]  I got to find it.
[20:32.580 --> 20:33.580]  It's in my e-mail.
[20:33.580 --> 20:34.580]  Oh, okay.
[20:34.580 --> 20:51.140]  So the foreclosure issue, I take it that in New York there has to be a suit for foreclosure.
[20:51.140 --> 20:54.660]  And you've already been through the suit and the court's ruled against you?
[20:54.660 --> 20:55.660]  That's right.
[20:55.660 --> 20:56.660]  That's right.
[20:56.660 --> 20:58.660]  Did you file an appeal?
[20:58.660 --> 20:59.660]  No.
[20:59.660 --> 21:03.420]  You see, people will do that.
[21:03.420 --> 21:05.900]  I stay with something until I find the answer.
[21:05.900 --> 21:12.340]  I mean, no matter how neurotic I become and no matter how crazy the whole situation is,
[21:12.340 --> 21:14.140]  but some people, they don't know what to do.
[21:14.140 --> 21:17.660]  They're intimidated by the bank, they're intimidated by the court, they're intimidated
[21:17.660 --> 21:18.660]  by the judge.
[21:18.660 --> 21:19.660]  Yeah.
[21:19.660 --> 21:25.340]  And they just won't follow through and that's terrible because the judge knew that they had
[21:25.340 --> 21:32.300]  waited seven years to foreclose and it's my understanding that it's six years in New
[21:32.300 --> 21:35.220]  York and you can't foreclose after that six years.
[21:35.220 --> 21:36.220]  Some lawyer told...
[21:36.220 --> 21:37.220]  Okay, hold on.
[21:37.220 --> 21:39.220]  Yes, you can.
[21:39.220 --> 21:44.340]  A statute of limitations is not a bar.
[21:44.340 --> 21:48.380]  Statute of limitations is an affirmative defense that must be pledged.
[21:48.380 --> 21:54.340]  Yeah, affirmative defense and she didn't plead it, but the judge knew it and that tells,
[21:54.340 --> 21:56.380]  I'm going to go after him.
[21:56.380 --> 22:02.620]  Well, it wasn't the judge's place to plead it for the defendant.
[22:02.620 --> 22:05.100]  It was the defendant's duty to plead it.
[22:05.100 --> 22:06.660]  Yeah, but that stinks.
[22:06.660 --> 22:08.180]  You and I both know that stinks.
[22:08.180 --> 22:09.180]  Yeah, I don't think.
[22:09.180 --> 22:14.820]  You can still go after the judge and file a judicial complaint against him and annoy him
[22:14.820 --> 22:21.180]  really good, make him hate prosecutor against even more and that's probably okay.
[22:21.180 --> 22:26.780]  All right, so here's what Leslie wrote me.
[22:26.780 --> 22:32.020]  I'm beginning to get a picture of how Junie Mae and Fannie Mae and Freddie Mac work and
[22:32.020 --> 22:35.020]  she calls them SES.
[22:35.020 --> 22:36.020]  What does that stand for?
[22:36.020 --> 22:40.460]  I forget what it stands for, GSE.
[22:40.460 --> 22:45.900]  That's what she says Freddie Mac and Fannie Mae and so on, they are, Junie Mae.
[22:45.900 --> 22:48.700]  That's what they are.
[22:48.700 --> 22:49.700]  Don't know.
[22:49.700 --> 22:50.700]  Okay.
[22:50.700 --> 22:55.300]  But that's what she's referring to, Fannie Mae, Freddie Mac, Junie Mae is a GSE.
[22:55.300 --> 22:56.300]  Okay.
[22:56.300 --> 22:59.980]  I don't know how successful such a suit would be for that.
[22:59.980 --> 23:04.940]  What I think it probably means is a government subsidized bank.
[23:04.940 --> 23:05.940]  That's it.
[23:05.940 --> 23:06.940]  Okay.
[23:06.940 --> 23:11.500]  While it really sounds good, here's what I see the courts believe.
[23:11.500 --> 23:15.660]  So in other words, while it sounds good, there's what I think the reality of it is and how
[23:15.660 --> 23:17.300]  the courts see it.
[23:17.300 --> 23:21.260]  Those GSEs are insurance companies for mortgage lenders.
[23:21.260 --> 23:26.820]  They register the loans with the GSE before they're executed and obtain financing to fund
[23:26.820 --> 23:27.820]  the loan.
[23:27.820 --> 23:35.100]  The GSE then is your guarantor for payment of the loan and it's not your lender.
[23:35.100 --> 23:40.020]  When you default and your lender either does not get enough money for the sale, which is
[23:40.020 --> 23:45.860]  never, or puts in a credit bid and winds up with the house, what usually would occur
[23:45.860 --> 23:51.660]  unless someone outbids them, then a claim is put in with the GSE.
[23:51.660 --> 23:57.380]  The GSE then pays the bank to the loss and in return, the GSE keeps the property and
[23:57.380 --> 23:59.780]  sells it itself.
[23:59.780 --> 24:03.740]  That is how the courts see it and it's very understandable.
[24:03.740 --> 24:05.660]  I know how you feel, John.
[24:05.660 --> 24:10.980]  I even had a federal judge issue a decision that Fannie Mae was the owner of my loan for
[24:10.980 --> 24:13.420]  when the foreclosure came around.
[24:13.420 --> 24:17.500]  The foreclosure court judge would hear none of that.
[24:17.500 --> 24:23.260]  Fannie Mae was nowhere in the foreclosure case at all and the case just got pushed through,
[24:23.260 --> 24:27.340]  no matter Residucata or Forgery, which I could see.
[24:27.340 --> 24:36.940]  Now wait, if Fannie Mae merely guarantees the loan for the bank, Fannie Mae does not
[24:36.940 --> 24:40.020]  become the holder.
[24:40.020 --> 24:41.020]  Okay.
[24:41.020 --> 24:43.820]  The bank remains the holder.
[24:43.820 --> 24:44.820]  Okay.
[24:44.820 --> 24:50.100]  Fannie Mae was nowhere in the foreclosure case at all and the case just got pushed through,
[24:50.100 --> 24:52.860]  no matter Residucata or Forgery.
[24:52.860 --> 25:01.900]  If you bought a car and got a loan, say, I give you a loan to purchase a car and you
[25:01.900 --> 25:11.020]  don't pay that loan back and so I take it to some agency that will give me insurance
[25:11.020 --> 25:14.180]  on that loan.
[25:14.180 --> 25:18.540]  Even when it's in default, they give me insurance on the loan.
[25:18.540 --> 25:24.060]  That doesn't give them any standing to raise an issue about non-payment.
[25:24.060 --> 25:28.300]  I'm still the holder of the mortgage.
[25:28.300 --> 25:38.100]  Just because I got Fannie Mae giving me insurance doesn't mean that Fannie Mae holds the mortgage.
[25:38.100 --> 25:39.100]  Okay.
[25:39.100 --> 25:49.820]  If Leslie is correct about how that works, then she would be right, whoever holds the
[25:49.820 --> 25:54.900]  mortgage is the one that has to come forward and that would not be Fannie Mae.
[25:54.900 --> 25:57.100]  All right.
[25:57.100 --> 26:00.220]  Who would that be in Virginia's case?
[26:00.220 --> 26:06.820]  Whoever is the current holder of the beneficial interest on the note.
[26:06.820 --> 26:10.300]  That would be the bank.
[26:10.300 --> 26:11.300]  Maybe.
[26:11.300 --> 26:19.300]  Was it transferred in or negotiated into a pool?
[26:19.300 --> 26:23.780]  Dad, I can't answer, I don't know.
[26:23.780 --> 26:33.980]  If it was negotiated into a pool, then you would need the trustee of the pool would
[26:33.980 --> 26:41.420]  be the one that would have standing and not the original bank unless the bank is the servicer
[26:41.420 --> 26:51.340]  for the holder and the holder is under contract with the servicer to allow the servicer as
[26:51.340 --> 26:54.620]  an agent of the holder to do this full closure.
[26:54.620 --> 26:55.620]  I see.
[26:55.620 --> 27:00.820]  Well, here's the rest of what she said.
[27:00.820 --> 27:05.420]  The previous lender in court records and pleadings said they had not, oh, wait a minute, Fannie
[27:05.420 --> 27:10.940]  Mae was nowhere in the foreclosure case at all and the case just got pushed through no
[27:10.940 --> 27:16.260]  matter a residue, drudicata or forgery, which I could prove in the court ignored.
[27:16.260 --> 27:21.580]  The previous lender in court records and pleadings said they had nothing whatsoever to do with
[27:21.580 --> 27:27.180]  that assignment for the foreclosing party, but that did not stop the foreclosure.
[27:27.180 --> 27:32.420]  I don't want to see you battered about in the court system and wasting your time, John.
[27:32.420 --> 27:38.060]  My foreclosure is not over yet and I also had rescinded the mortgage and got another
[27:38.060 --> 27:39.060]  mortgage.
[27:39.060 --> 27:41.140]  The lawyers are working hard on that one.
[27:41.140 --> 27:46.980]  I had to file a deed in lieu of the foreclosure to the non foreclosing mortgage holder who
[27:46.980 --> 27:53.100]  is now in the process of voiding the foreclosure order and quieting title to the property against
[27:53.100 --> 27:55.260]  the foreclosing mortgagee.
[27:55.260 --> 27:57.380]  I hope this enlightens you.
[27:57.380 --> 28:02.220]  I do not want to see people wasting their time and effort in an iffy lawsuit.
[28:02.220 --> 28:05.020]  This would render lots of money to say nothing of time.
[28:05.020 --> 28:07.620]  You still may wind up with nothing, Leslie.
[28:07.620 --> 28:10.220]  Now, who's right here?
[28:10.220 --> 28:11.460]  Who's correct?
[28:11.460 --> 28:18.860]  Is Joel a squibble and Randy correct when you say, well, the, Joe told me that according
[28:18.860 --> 28:23.980]  to what he saw, the bank sold their interest to Ginny Mae.
[28:23.980 --> 28:31.060]  Now, she comes along and says, no, she didn't sell it to Ginny Mae, they just asked for
[28:31.060 --> 28:32.060]  a loan on it.
[28:32.060 --> 28:34.420]  Did I say that kind of correctly?
[28:34.420 --> 28:36.900]  Yes, and I can't answer that.
[28:36.900 --> 28:38.340]  I don't know the answer to that.
[28:38.340 --> 28:44.700]  That is a very good question and I definitely need to talk to Leslie about it and I will
[28:44.700 --> 28:49.260]  do that because I'll be talking to her shortly anyway because of this, she's helping me with
[28:49.260 --> 28:50.260]  this project.
[28:50.260 --> 28:55.860]  Okay, what are you going to, what is it that you will ask her to relay what I've said?
[28:55.860 --> 28:56.860]  How are you going to ask her?
[28:56.860 --> 28:57.860]  Tell me.
[28:57.860 --> 29:07.700]  Yes, I want to know, I will want to know if Ginny Mae takes possession of the, it takes
[29:07.700 --> 29:18.340]  beneficial interest in the note on the property or if Ginny Mae merely indemnifies the bank
[29:18.340 --> 29:24.500]  against a certain amount of loss, in that case Ginny Mae is just an insurance company.
[29:24.500 --> 29:26.700]  Right, and they don't have anything.
[29:26.700 --> 29:30.500]  Yes, if they're an insurance company, they don't have standing, so all this argument
[29:30.500 --> 29:38.140]  about Ginny Mae would be incorrect and that's because we don't understand how the transactions
[29:38.140 --> 29:43.340]  actually take place between the banks.
[29:43.340 --> 29:49.820]  Hang on, we're about to go to break, Randy Helton, Reelval Radio, our call in number
[29:49.820 --> 30:02.940]  512-646-1984, we'll be right back.
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[33:10.700 --> 33:26.700]  Yeah, I got the warrant and I'm gonna solve them to the end of them and prosecute them.
[33:26.700 --> 33:27.700]  Okay.
[33:27.700 --> 33:42.700]  Okay, we are back.
[33:42.700 --> 33:50.580]  Randy Kelton, Rule of Law Radio on this the 11th day of January, 2019, and we're talking
[33:50.580 --> 33:56.420]  to John in New York, so I'll have to ask Leslie, I'll discuss that with her.
[33:56.420 --> 34:02.660]  That is an interesting point, and it would explain a lot of the things that's, a lot
[34:02.660 --> 34:08.300]  of the issues in court that we've seen about Ginny May.
[34:08.300 --> 34:18.980]  Never have we ever had, that I know of, a plaintiff explain the relationship between
[34:18.980 --> 34:23.300]  Ginny May and the banks.
[34:23.300 --> 34:29.580]  Frankly, that sounds more likely than the fact that Ginny May takes possession of the
[34:29.580 --> 34:30.580]  property.
[34:30.580 --> 34:35.420]  What we've seen is Ginny May in possession of the property, but that occurs after the
[34:35.420 --> 34:38.900]  sale, not before.
[34:38.900 --> 34:44.900]  Problem is, if you're making a mistake, they're not gonna tell you.
[34:44.900 --> 34:50.300]  So, they'll go ahead and let you make the mistake and just rule against you.
[34:50.300 --> 34:54.260]  So, again, that left line, it didn't come through.
[34:54.260 --> 34:59.700]  I say, if you're making a mistake, they're not necessarily gonna tell you.
[34:59.700 --> 35:04.580]  They're just gonna rule against you.
[35:04.580 --> 35:09.740]  And you have no idea why you lost the argument.
[35:09.740 --> 35:11.500]  They just deny the argument.
[35:11.500 --> 35:16.860]  Now, you can ask findings, facts, and conclusions at law, and we should have gotten that, but
[35:16.860 --> 35:23.980]  I've never seen that explanation, but that doesn't mean Leslie isn't right.
[35:23.980 --> 35:35.300]  I think it'd be nice if she is, because it explains a lot and brings you back to making
[35:35.300 --> 35:40.940]  the right arguments, arguments you can actually win with.
[35:40.940 --> 35:45.100]  Okay, do you have anything else?
[35:45.100 --> 35:50.740]  Well, I'm trying to find, really fast, I'm trying to find what I'm looking for with
[35:50.740 --> 35:55.580]  the car seat belt, and this was giving me a pain because...
[35:55.580 --> 36:01.220]  Okay, if you find it, okay, drop off now, find it, then call back here.
[36:01.220 --> 36:07.940]  Okay, I may have it in five seconds, and then if I don't, we'll take care of it.
[36:07.940 --> 36:10.220]  No, I don't got it.
[36:10.220 --> 36:11.220]  Okay.
[36:11.220 --> 36:12.220]  Okay.
[36:12.220 --> 36:15.300]  You can call back, and thank you very kindly, Randy.
[36:15.300 --> 36:18.780]  Okay, now we're going to go to Tina in California.
[36:18.780 --> 36:19.780]  Hello, Tina.
[36:19.780 --> 36:20.780]  Hi, Randy.
[36:20.780 --> 36:21.780]  How are you?
[36:21.780 --> 36:22.780]  I am good.
[36:22.780 --> 36:23.780]  What do you have for us today?
[36:23.780 --> 36:24.780]  Well, a couple of quick things.
[36:24.780 --> 36:36.780]  One is, you were saying on one of your recorded calls, you have a little website where someone
[36:36.780 --> 36:45.860]  can go and get the criminal affidavit when you're filing against a judge or an attorney
[36:45.860 --> 36:51.580]  or whatever, and I could not quite get it down fast enough.
[36:51.580 --> 36:53.580]  What is that website?
[36:53.580 --> 37:05.060]  Oh, Juris M. Prudence, J-U-R-I-S-I-M-P-R-U-D-E-N-C-E-D-O, website.
[37:05.060 --> 37:18.380]  Okay, and I can find that, so when I, at least, filing, I put that affidavit in.
[37:18.380 --> 37:27.060]  Yes, it, the, somewhere on that side, I don't remember where, I have some California criminal
[37:27.060 --> 37:32.980]  affidavits, some complaints I've filed in California.
[37:32.980 --> 37:38.980]  The form of a California complaint is somewhat different than the form of a Texas complaint,
[37:38.980 --> 37:46.980]  or I should say that a Texas complaint is somewhat different than all other states.
[37:46.980 --> 37:56.420]  Most states, in most states, the complaint is styled in the form of a pleading, with
[37:56.420 --> 38:00.540]  the same court headings that you'd have on any motion or pleading.
[38:00.540 --> 38:08.820]  In Texas, it's a different, the code says, a complaint shall run in the name of and under
[38:08.820 --> 38:15.260]  the authority of the state of Texas, so the complaint always starts out with, in the name
[38:15.260 --> 38:20.940]  of and under the authority of the state of Texas, and it also must state that the complaint
[38:20.940 --> 38:30.220]  that has reason to believe and does believe, far as I know, Texas is the only state that
[38:30.220 --> 38:38.340]  has those kinds of stipulations on a criminal complaint, so the ones I have for Texas are
[38:38.340 --> 38:40.420]  somewhat different.
[38:40.420 --> 38:44.300]  Everything else is styled just like a motion.
[38:44.300 --> 38:50.180]  You create the standard motion heading, you put the court in wherever you're filing it,
[38:50.180 --> 39:01.580]  and you're the plaintiff, and whoever the defendant is, and then you label it complaint,
[39:01.580 --> 39:03.540]  and then you state what your complaint is.
[39:03.540 --> 39:15.380]  A complaint is not intended to be perfect in form, as it is, the court is to pay attention
[39:15.380 --> 39:23.300]  to the substance of the complaint and not the form of the complaint, because a criminal
[39:23.300 --> 39:32.260]  complaint is intended to be filed by an ordinary person, not a legal professional.
[39:32.260 --> 39:37.460]  Everybody's heard about it, just about, has heard about an information.
[39:37.460 --> 39:49.660]  An information is a complaint written by the prosecutor from a complaint filed by a citizen.
[39:49.660 --> 39:56.020]  The prosecutor takes the citizen's complaint and structures it so that it's in correct
[39:56.020 --> 40:02.100]  legal form, and that's called an information.
[40:02.100 --> 40:09.980]  So if you want to know how to structure a complaint in California, just go to any case,
[40:09.980 --> 40:13.180]  open the case, and find the charging instrument.
[40:13.180 --> 40:15.380]  It will be an information.
[40:15.380 --> 40:19.740]  It will have a, it may have a complaint in there, but it will look for an information
[40:19.740 --> 40:26.180]  that will almost always be there, and look at the information and change the title from
[40:26.180 --> 40:33.020]  information to complaint, it becomes a proper style of complaint.
[40:33.020 --> 40:37.460]  And pay attention to how they structure their verbiage.
[40:37.460 --> 40:39.980]  It's likely to be different in every state.
[40:39.980 --> 40:44.700]  It's likely to even be somewhat different by court.
[40:44.700 --> 40:52.020]  But when I structure a complaint and I give it to a judge, I want the judge to look at
[40:52.020 --> 41:00.820]  it and have it look just like the complaints the police and prosecutor filed with it.
[41:00.820 --> 41:07.460]  So there won't be any indication that this was filed by someone other than a legal professional
[41:07.460 --> 41:15.460]  other than it doesn't have a legal professional's signature and acknowledgement at the bottom.
[41:15.460 --> 41:23.060]  None of this man on the land, patriot, blah, blah, blah.
[41:23.060 --> 41:27.860]  You don't even want it to be written in your own hand and on style.
[41:27.860 --> 41:31.020]  Because the judge will notice that.
[41:31.020 --> 41:33.660]  Lawyers never do that.
[41:33.660 --> 41:39.460]  They always style their documents very carefully, and they generally style their documents in
[41:39.460 --> 41:47.100]  the manner of the most common litigation guide.
[41:47.100 --> 41:53.380]  And that's because they don't want the judge paying attention to anything in the document
[41:53.380 --> 41:59.460]  except the specific issue they're bringing before the court.
[41:59.460 --> 42:01.780]  In this case, it's in a complaint.
[42:01.780 --> 42:08.700]  You don't want the judge paying attention to how it's styled to jurisdictional case
[42:08.700 --> 42:11.180]  law it may have.
[42:11.180 --> 42:20.060]  Every document of that nature filed in that jurisdiction should have the exact same jurisdictional
[42:20.060 --> 42:21.060]  statement.
[42:21.060 --> 42:26.580]  So the judge can look at it and he immediately recognizes that you don't bother to read that.
[42:26.580 --> 42:30.460]  All of those things that are consistent, he doesn't bother to read them, he recognizes
[42:30.460 --> 42:36.380]  them that's essentially the same, he doesn't mess with them, he only reads the good part.
[42:36.380 --> 42:41.420]  The judge will annoy it if they have to read the whole document because it's not like what
[42:41.420 --> 42:42.420]  they expect to see.
[42:42.420 --> 42:54.940]  I tell the story, Ken Magnuson was in a foreclosure issue and he needed a temporary opposition
[42:54.940 --> 43:01.620]  to a temporary restraining order, he needed a temporary restraining order.
[43:01.620 --> 43:06.980]  The bank was trying to, had foreclosed and was trying to evict and he needed a restraining
[43:06.980 --> 43:11.980]  order so he wrote one up and sent it to me and said, well, what do you think?
[43:11.980 --> 43:15.380]  I called him back and said, it's a piece of crap, Ken.
[43:15.380 --> 43:17.780]  Oh yeah, you think you can do better?
[43:17.780 --> 43:18.780]  Sure can.
[43:18.780 --> 43:23.340]  I sent him one back, he went to court with it, gave it to the judge.
[43:23.340 --> 43:27.380]  The lawyer showed up, they didn't expect him to.
[43:27.380 --> 43:32.260]  The judge reads it over, grants his restraining order.
[43:32.260 --> 43:36.940]  They come out and the lawyer said, ask Ken, are you a lawyer?
[43:36.940 --> 43:40.060]  And he said, well, no, but my brother is.
[43:40.060 --> 43:41.980]  He said, did you write this?
[43:41.980 --> 43:44.260]  He said, well, I had some help.
[43:44.260 --> 43:48.860]  And the lawyer said, this is very good.
[43:48.860 --> 43:51.900]  And Ken told me that and I thought, what the heck?
[43:51.900 --> 43:54.980]  I took out all Congress forms and filled in the blanks.
[43:54.980 --> 43:55.980]  Hang on.
[43:55.980 --> 44:01.220]  Randy Kelton, we will already be right back.
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[46:21.420 --> 46:37.420]  Okay, we are back.
[46:37.420 --> 46:45.420]  Randy Kelton, rule of law radio, and we're talking to Tina in California.
[46:45.420 --> 46:48.420]  There we go, got you unmuted.
[46:48.420 --> 46:56.420]  Okay, a little basic information on how to write motions and pleadings.
[46:56.420 --> 46:58.420]  Don't.
[46:58.420 --> 47:06.420]  Go find the local litigation guide and pull them out of the litigation guide and fill in the blanks.
[47:06.420 --> 47:08.420]  It really works.
[47:08.420 --> 47:11.420]  The lawyer didn't understand.
[47:11.420 --> 47:20.420]  He saw this motion and he thought that looks exactly like the ones we file.
[47:20.420 --> 47:28.420]  He didn't realize that his law firm was using O'Connor's forms.
[47:28.420 --> 47:42.420]  You have one primary litigation guide in California, but it's different than Texas O'Connor's.
[47:42.420 --> 47:48.420]  They publish their litigation guide in separate volumes.
[47:48.420 --> 47:51.420]  They republish every couple of years.
[47:51.420 --> 47:58.420]  In California, you have one huge litigation guide and they're all loose leaf.
[47:58.420 --> 48:10.420]  When changes occur, they send out pages so you can go into your guide and switch out the old pages with the new pages.
[48:10.420 --> 48:12.420]  It's a little harder to get to.
[48:12.420 --> 48:22.420]  I'm going to talk to a lawyer and ask him if he can give you some forms out of the litigation guide.
[48:22.420 --> 48:28.420]  There may be a resource where you can pull the forms that are in the guide yourself.
[48:28.420 --> 48:33.420]  I have a CD with all of O'Connor's forms on it.
[48:33.420 --> 48:40.420]  They're from 2008, but I have all of the basic forms that are not up to date.
[48:40.420 --> 48:49.420]  You probably can find a resource for litigation guide in California and there's only one that I know of.
[48:49.420 --> 48:51.420]  Wait, stop. Hold on.
[48:51.420 --> 49:01.420]  O'Connor started producing a litigation guide for California.
[49:01.420 --> 49:13.420]  What I'm talking about though is complaints against the judges and attorneys to the various authorities.
[49:13.420 --> 49:23.420]  Just for instance, recently I had filed a complaint against the attorney for coercion of a public official,
[49:23.420 --> 49:36.420]  or coercion of two public officials, i.e. Notaris, who told me that he was not going to allow them to send their Notaris ledgers
[49:36.420 --> 49:45.420]  because it was improper discovery and I was harassing the bank asking these Notaris for this.
[49:45.420 --> 49:50.420]  The law is very clear in Texas where the Notaris are and in California.
[49:50.420 --> 49:56.420]  Wait, in that case, you filed against the Notaris, not against the lawyer.
[49:56.420 --> 50:02.420]  You barricaded the lawyer but filed criminally against the Notaris.
[50:02.420 --> 50:06.420]  But Texas won't do anything. I've already filed against them.
[50:06.420 --> 50:16.420]  Oh yes, Texas does. They get real ugly on Notaris and court reporters.
[50:16.420 --> 50:23.420]  You filed a complaint against the Notaris with the Secretary of State.
[50:23.420 --> 50:25.420]  I did.
[50:25.420 --> 50:30.420]  Yeah, they just may not have told you what they're doing.
[50:30.420 --> 50:41.420]  Now, while the bar doesn't do anything and the T closed the commission for police officers don't do anything,
[50:41.420 --> 50:46.420]  the Secretary of State for the State of Texas is a whole different animal.
[50:46.420 --> 50:52.420]  They go after these Notaris. They beat them up big time.
[50:52.420 --> 51:03.420]  I suggest if this is Texas and you've requested the transcript from the Notary,
[51:03.420 --> 51:10.420]  file a complaint with the Secretary of State and file a criminal complaint with a local district attorney.
[51:10.420 --> 51:12.420]  I do.
[51:12.420 --> 51:20.420]  Okay, well, when you do that, they're not going to come back to you and say,
[51:20.420 --> 51:23.420]  you know, you caused us all kinds of misery and grief.
[51:23.420 --> 51:29.420]  They're going to do their best to have you not know that it had any effect.
[51:29.420 --> 51:31.420]  That's exactly how they want you to feel.
[51:31.420 --> 51:37.420]  So, if you filed a criminal complaint with a district attorney, which one, what county was it?
[51:37.420 --> 51:39.420]  Travis County.
[51:39.420 --> 51:46.420]  Good. File criminal charges against the district attorney.
[51:46.420 --> 51:47.420]  Okay.
[51:47.420 --> 51:50.420]  That I could help you with.
[51:50.420 --> 51:57.420]  I want the Notaries to produce their ledgers.
[51:57.420 --> 52:03.420]  And in one case, the Notary got an educational reprimand,
[52:03.420 --> 52:07.420]  but they refused to force them to give me their ledgers.
[52:07.420 --> 52:11.420]  And if there's any ledgers, what are they trying to hide?
[52:11.420 --> 52:13.420]  Okay.
[52:13.420 --> 52:26.420]  The Notary resigned her position, but has still not two years later given her Notary ledgers to the local,
[52:26.420 --> 52:28.420]  what is it?
[52:28.420 --> 52:30.420]  County clerk.
[52:30.420 --> 52:33.420]  And she has not done that.
[52:33.420 --> 52:42.420]  File criminal against the county clerk. Oh, wait, she hasn't produced the logs for the Notary logs for the county clerk?
[52:42.420 --> 52:44.420]  No.
[52:44.420 --> 52:47.420]  Oh, good. This is criminal.
[52:47.420 --> 52:54.420]  And you can sue her personally, sue her in California.
[52:54.420 --> 52:56.420]  I can sue them in California?
[52:56.420 --> 52:59.420]  Yep. You're in California.
[52:59.420 --> 53:04.420]  They're in Texas. You have no commercial nexus with Texas.
[53:04.420 --> 53:08.420]  She's required to produce those, makes no difference where you're at.
[53:08.420 --> 53:16.420]  And since you have diversity of jurisdiction, you bring her to California.
[53:16.420 --> 53:20.420]  It's probably a lot easier.
[53:20.420 --> 53:27.420]  If you file against her in California in the federal court, she's got to hire a federal lawyer,
[53:27.420 --> 53:31.420]  a lawyer who can practice in California in the federal court.
[53:31.420 --> 53:34.420]  That's going to sting her big time.
[53:34.420 --> 53:39.420]  Well, no, because the don'ts that she works won't, will pay for that.
[53:39.420 --> 53:45.420]  Wait, I couldn't understand that. You're, I think you're moving back and forth, you know, closer and further from the mic.
[53:45.420 --> 53:49.420]  You kind of varied there. Say that last again.
[53:49.420 --> 53:56.420]  The bank that she works for will pay for her to be represented.
[53:56.420 --> 53:59.420]  Is she still working for them?
[53:59.420 --> 54:01.420]  Yes, she is.
[54:01.420 --> 54:06.420]  Oh, okay. Then let them.
[54:06.420 --> 54:10.420]  This costs them a considerable amount of money.
[54:10.420 --> 54:12.420]  And you just keep bleeding them.
[54:12.420 --> 54:20.420]  And then when they hire an attorney and he files a petition, you bargreef him.
[54:20.420 --> 54:27.420]  They've hired an attorney in California and all they did to get him bargreefed, he's going to be real unhappy.
[54:27.420 --> 54:31.420]  And he's going to let these guys know he's real unhappy.
[54:31.420 --> 54:38.420]  I've already bargreefed him twice on other things and he said, oh, see where those complaints got to.
[54:38.420 --> 54:41.420]  So see where another one's going to get you.
[54:41.420 --> 54:44.420]  Good. So yeah, we'll see that. How about eight or 10?
[54:44.420 --> 54:49.420]  I'll keep, if you like them so much, I'll see how many I can get there.
[54:49.420 --> 54:54.420]  Marty Pence, the bar, you don't understand.
[54:54.420 --> 54:57.420]  It doesn't matter what the bar does.
[54:57.420 --> 55:00.420]  It's the insurance company.
[55:00.420 --> 55:02.420]  You don't care about the bar.
[55:02.420 --> 55:05.420]  The bar's just there to protect the lawyers.
[55:05.420 --> 55:09.420]  It's the insurance company that stings them.
[55:09.420 --> 55:11.420]  I understand that.
[55:11.420 --> 55:17.420]  And I'm keeping on with filing against this man on each little thing.
[55:17.420 --> 55:28.420]  Now, I've recently just filed my verified accusation against him and the judge with the California Supreme Court
[55:28.420 --> 55:37.420]  because the California judicial, you know, whatever it is called, I can't forget the name.
[55:37.420 --> 55:53.420]  They didn't do anything against the judge by his violations of the judicial canons of justice and his failure to apply the law to all the facts of the case.
[55:53.420 --> 55:56.420]  And the attorney, the state bar didn't do anything.
[55:56.420 --> 56:02.420]  So I filed this complaint just in the last week with the California Supreme Court
[56:02.420 --> 56:09.420]  and they required it in a certain form of unverified accusation, which I have just filed.
[56:09.420 --> 56:13.420]  So I am waiting to see what happens there.
[56:13.420 --> 56:15.420]  Wonderful.
[56:15.420 --> 56:21.420]  Now, these guys are not going to come to you and say, oh, wow, you really beat me up good.
[56:21.420 --> 56:24.420]  They're not going to want you to know that.
[56:24.420 --> 56:29.420]  But you have these judges here, these district judges.
[56:29.420 --> 56:37.420]  And for the most part, most of these judges want to rise to a higher level like the Court of Appeals.
[56:37.420 --> 56:43.420]  But there are a lot more district judges than there are appellate slots.
[56:43.420 --> 56:47.420]  So they're all competing for them.
[56:47.420 --> 56:58.420]  You start filing complaints against them with the judicial conduct commission and with the Supreme Court.
[56:58.420 --> 57:03.420]  This effectively puts a mark on their chart.
[57:03.420 --> 57:05.420]  Every one of them puts a mark on their chart.
[57:05.420 --> 57:12.420]  And whether the court believes that the judge acted improperly or not,
[57:12.420 --> 57:20.420]  if a citizen is filing a complaint against the judge,
[57:20.420 --> 57:34.420]  it at the very least indicates that the judge failed to give the impression of equal justice.
[57:34.420 --> 57:41.420]  That's a requirement that they must not only be fair, they must give the impression of being fair.
[57:41.420 --> 57:44.420]  And when they get citizens filing complaints against them,
[57:44.420 --> 57:48.420]  clearly they're not giving these citizens the impression that they're being fair.
[57:48.420 --> 57:50.420]  They wouldn't be filing these things.
[57:50.420 --> 57:56.420]  This makes the judge a political liability.
[57:56.420 --> 58:09.420]  Ken Magnuson early on got a judge blocked from the Court of Appeals by filing a judicial conduct complaint against him.
[58:09.420 --> 58:19.420]  He met another lawyer who knew that to judge a few years later, and Ken complained that he filed this complaint,
[58:19.420 --> 58:21.420]  but he didn't do any good.
[58:21.420 --> 58:24.420]  And he said the lawyer leaned across the table and said,
[58:24.420 --> 58:30.420]  Mr. Magnuson, you hurt him far more than you can imagine.
[58:30.420 --> 58:38.420]  At the time, nobody told him because they didn't want him to know.
[58:38.420 --> 58:40.420]  Wait, hang on. I'm about to go to break.
[58:40.420 --> 58:49.420]  Randy Kelton, we'll go on radio. I'll call it number 512-646-1984. We'll be right back.
[58:49.420 --> 58:53.420]  Would you like to make more definite progress in your walk with God?
[58:53.420 --> 59:00.420]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
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[59:12.420 --> 59:17.420]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.420 --> 59:27.420]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.420 --> 59:40.420]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:40.420 --> 59:59.420]  Or visit us online at bfa.org.
[59:59.420 --> 01:00:14.420]  The following is brought to you by The Lowest Star Lowdown.
[01:00:29.420 --> 01:00:52.420]  Today in history, the year 1935, Amelia Earhart becomes the first person to fly a solo from Hawaii to California.
[01:00:52.420 --> 01:01:07.420]  In recent news, a recent study by fitsmallbusiness.com ranked Texas number one among states that are best for women entrepreneurs, stating that Texas used to conjure images of cowboys in the Wild West,
[01:01:07.420 --> 01:01:12.420]  but it's becoming a start-up hotspot with new businesses increasingly saddling up in the Lowest Star State.
[01:01:12.420 --> 01:01:23.420]  Texas has hands down one of the nation's top states due to its business-friendly legal and economic climate, plus with the below average cost of living, you can quickly increase your living standard and improve your lifestyle for less.
[01:01:23.420 --> 01:01:36.420]  Factors included consider the percentage of minority-owned businesses, the number of small business administration women's business centers, and the availability of public-private support networks such as business associations, clubs, and groups geared towards female business owners.
[01:01:36.420 --> 01:01:47.420]  Women are shaping the nation's business climate with an ever-increasing number of innovative businesses.
[01:01:47.420 --> 01:01:58.420]  The biggest cryptocurrency mining facility in the United States, ran by Chinese company Bitmain, has suspended its operations in Rockdale, with one of the main factors of the cutback being the recent drop in the value of Bitcoin.
[01:01:58.420 --> 01:02:18.420]  Bitmain officials have declined to make any new statements, comments, but it appears that the staff has been cut across the company as a whole and not just in Rockdale, with the company reportedly laying off more than half of its global workforce and even discontinued its operations in Israel.
[01:02:18.420 --> 01:02:28.420]  As reported by the Dallas Business Journal, federal court records revealed that Serrano LLC filed for Chapter 11 bankruptcy on January 4th, with liabilities of $10 million to $50 million.
[01:02:28.420 --> 01:02:33.420]  Serrano is an affiliate of Fundcourt and owns Mr. Gatties in Austin, Texas company.
[01:02:33.420 --> 01:02:39.420]  This news comes a few months after Mr. Gatties announced that 13 Austin locations would be sold to a former Papa John's executive.
[01:02:39.420 --> 01:02:49.420]  The one-star lowdown is currently for sponsors. If you have a product or a service that can advertise with us, feel free to shoot me an email at rickrody.com.
[01:02:49.420 --> 01:02:58.420]  That's rickrody.com. If you're a lowdown for January 11th, 2019.
[01:02:58.420 --> 01:03:10.420]  It's all according to the will of the Almighty.
[01:03:10.420 --> 01:03:35.420]  I read his book and it says the chaos comes over the other side of me. These warmongers come by that term rightly.
[01:03:35.420 --> 01:03:46.420]  Okay, we are back. Randy Kelton with Law Radio and we're talking to Tina in California. Okay, go ahead. Go ahead, Tina.
[01:03:46.420 --> 01:04:13.420]  One of the things, I know that the Supreme Court is not going to do anything. As you have stated before, you can take it. When we refuse to do anything, and I will send you a copy of what I filed, what is the next step to take it to when the California Supreme Court refuses to do what they should do to this attorney and judge?
[01:04:13.420 --> 01:04:22.420]  Then file against the judge in the Fed with the FBI for denying you due process.
[01:04:22.420 --> 01:04:25.420]  In the Fed room, okay.
[01:04:25.420 --> 01:04:35.420]  Failing to properly apply the law to the facts and in the process denied you in full free access to or enjoyment of a right.
[01:04:35.420 --> 01:04:47.420]  The U.S. Code 242. The U.S. Code 242. So you filed just a regular complaint in the federal court against the judge?
[01:04:47.420 --> 01:04:57.420]  No, you filed this with the special agent in charge of the FBI in your jurisdiction.
[01:04:57.420 --> 01:05:07.420]  Now, it has to be the special agent in charge because we now have secret police. The FBI agents will not identify themselves.
[01:05:07.420 --> 01:05:17.420]  The only FBI agent whose name you can find is the special agent in charge. So you file it with him personally.
[01:05:17.420 --> 01:05:19.420]  Okay.
[01:05:19.420 --> 01:05:30.420]  And then we have a whole routine for handling him because he's going to give it to some agent and this agent is going to go out and talk to the judge.
[01:05:30.420 --> 01:05:35.420]  And then he's going to say, oh, this is a bunch of nonsense, blah, blah, blah.
[01:05:35.420 --> 01:05:40.420]  And the SEC is not going to do anything.
[01:05:40.420 --> 01:06:01.420]  So then you file a information request with the attorney general in D.C. and ask for a copy of the notice the SEC sent to him to the attorney general under 28 U.S.C.
[01:06:01.420 --> 01:06:05.420]  Don't remember that number.
[01:06:05.420 --> 01:06:16.420]  But if you contact me off there, I'll dig through my records to see if I can find it. I had a major crash from Dropbox that really messed me up.
[01:06:16.420 --> 01:06:20.420]  So I lost a lot of my notes.
[01:06:20.420 --> 01:06:34.420]  Okay. Well, I'll first wait for the result, which I know is going to be negative. What about when they fail to do anything against the attorney who divorced these public officials?
[01:06:34.420 --> 01:06:42.420]  What's the complaint against the attorney? Is it a criminal or are you talking about the bar grievance?
[01:06:42.420 --> 01:06:59.420]  Well, I did the bar grievance. They failed to do anything. Now I filed the same suit. I did it in the same thing because the Supreme Court asked me to file this verified accusation against the judge and the attorney together.
[01:06:59.420 --> 01:07:18.420]  But there is law or law that says that if somebody coerces a public official, I think it is an actual felony in California to coerce a public official to violate the law, which he actually did.
[01:07:18.420 --> 01:07:22.420]  He coerced them to violate the law.
[01:07:22.420 --> 01:07:36.420]  Okay. Hold on. There is an element here. What state was the notary in?
[01:07:36.420 --> 01:07:53.420]  The notaries are in Texas, but they work for the same bank that has office in Texas and in California when their headquarters supposedly are in California and their attorney is in California.
[01:07:53.420 --> 01:07:58.420]  Yes. Hold on. This puts it in the federal jurisdiction.
[01:07:58.420 --> 01:08:07.420]  The notary makes no difference who the notary works for. She's not a notary for who she works for. She's a notary for the state of Texas.
[01:08:07.420 --> 01:08:09.420]  That's correct.
[01:08:09.420 --> 01:08:21.420]  She's a quasi-public official in the state of Texas. You're in the state of California. This is clearly diversity jurisdiction. This goes to the Fed.
[01:08:21.420 --> 01:08:23.420]  Okay.
[01:08:23.420 --> 01:08:46.420]  But the complaint against the judge and the lawyer, that can be filed in both the state and the Fed because it's a crime in the state of California for these two to do this thing.
[01:08:46.420 --> 01:08:56.420]  It doesn't matter where the party is. They're in another state. It doesn't matter. They're forbidden in this state from performing it act.
[01:08:56.420 --> 01:09:08.420]  Since the notary acted in concert and collusion with this and she's in another state, that gives you federal access.
[01:09:08.420 --> 01:09:09.420]  Okay.
[01:09:09.420 --> 01:09:17.420]  They take complaints against both of them to the Fed as well. That'll re-make them unhappy.
[01:09:17.420 --> 01:09:27.420]  But he's going to state that it is harassment and that it's all barred by Richard Carter because it's the same property, same person, same place.
[01:09:27.420 --> 01:09:29.420]  Irrelevant.
[01:09:29.420 --> 01:09:31.420]  It's failed in my book.
[01:09:31.420 --> 01:09:46.420]  It's irrelevant. She is a notary. She is required under state law to produce these documents. This does not fall under discovery. This is a statutory requirement.
[01:09:46.420 --> 01:09:47.420]  Yes.
[01:09:47.420 --> 01:09:51.420]  So it has nothing to do with discovery.
[01:09:51.420 --> 01:10:01.420]  Okay. Good. So I have to file a lawsuit in the federal court against the notary and the attorney for...
[01:10:01.420 --> 01:10:03.420]  And the judge.
[01:10:03.420 --> 01:10:05.420]  And the judge. Okay.
[01:10:05.420 --> 01:10:27.420]  This is an area where there's a lot of contention. Your assertion against the judge will be that the judge acted outside the scope of his authority because the commission of criminal acts is not within scope.
[01:10:27.420 --> 01:10:33.420]  So long as they're acting within the scope of their authority, they have immunity.
[01:10:33.420 --> 01:10:46.420]  If a judge is on the bench and a lawyer says something he doesn't like and the judge pulls out a pistol and shoots the lawyer, he doesn't have any immunity because that's not within scope.
[01:10:46.420 --> 01:11:06.420]  In the primary Texas case, a jailer picked a girl up at El Paso, an 18-year-old girl, and took her to another facility and decided to have a little entertainment on the way and pulled over and raped her. When they sued him, he claimed that he was acting within the scope of his authority and had your head immunity.
[01:11:06.420 --> 01:11:13.420]  And the court said rape is not within scope.
[01:11:13.420 --> 01:11:25.420]  So the courts will probably rule in the judge's favor. But you don't care. You will sting him good.
[01:11:25.420 --> 01:11:37.420]  Yeah, I want to sting him and the attorney and trust a few other judges because I've got a lot of issues where they failed to give due process.
[01:11:37.420 --> 01:11:45.420]  So you're laying the groundwork for a rico suit.
[01:11:45.420 --> 01:11:47.420]  I hope so.
[01:11:47.420 --> 01:11:50.420]  You're just setting the record.
[01:11:50.420 --> 01:12:16.420]  Well, that's what I want to do because the regular courts have failed me in every which way but Sunday because it was a full closure and we're all considered deadbeats and it's a nonjudicial state. No matter what you do, even if you prove fordury fraud and all these other things, which is a felony in California, to even submit a forged document into court, whether they knew it or not, and they did know it, but they submitted it anyway.
[01:12:16.420 --> 01:12:38.420]  So my second, my last question between someone else is when you have to file like this case, this verified accusation that I had to file with the California Supreme Court, they require you to submit 10 copies plus an original to the Supreme Court.
[01:12:38.420 --> 01:12:59.420]  They required me to file three copies of this accusation with the state bar in San Francisco and one copy with the state bar in Los Angeles where this is occurred and one copy, I think, with the Judicial Commission.
[01:12:59.420 --> 01:13:17.420]  Now, that causes a financial hardship to the person filing and I thought that should be under the Constitution is equal justice, you know, for rich and poor and we, you know, they're making it so difficult.
[01:13:17.420 --> 01:13:19.420]  Okay, you may have a solution.
[01:13:19.420 --> 01:13:26.420]  Contact the court and see if you can do this by electronic filing.
[01:13:26.420 --> 01:13:27.420]  Okay.
[01:13:27.420 --> 01:13:31.420]  Because it causes a financial burden.
[01:13:31.420 --> 01:13:35.420]  Everybody's everyone's going to electronic filing.
[01:13:35.420 --> 01:13:45.420]  In the state of Texas, the only person who can file paper documents is a pro say.
[01:13:45.420 --> 01:13:58.420]  You don't have to in Texas anymore if your pro say you can sign up to file electronically and you can file electronic electronically like everybody else.
[01:13:58.420 --> 01:14:00.420]  They want it filed electronically.
[01:14:00.420 --> 01:14:02.420]  You give them paper documents.
[01:14:02.420 --> 01:14:05.420]  They're going to scan them in.
[01:14:05.420 --> 01:14:15.420]  They're eliminating all this paper so if you contact the court and ask the court to allow you to file electronically almost certainly will.
[01:14:15.420 --> 01:14:16.420]  Okay.
[01:14:16.420 --> 01:14:20.420]  And how about filing the three copies with the state bar?
[01:14:20.420 --> 01:14:23.420]  Can you file electronically with the state bar?
[01:14:23.420 --> 01:14:25.420]  Yes, same thing.
[01:14:25.420 --> 01:14:30.420]  If the court allows you to file electronically, you can file them all electronically.
[01:14:30.420 --> 01:14:37.420]  And in this statute requiring multiple copies, that's an antiquated statute.
[01:14:37.420 --> 01:14:40.420]  They haven't changed it yet.
[01:14:40.420 --> 01:14:48.420]  When you go to electronic filing, there is no requirement to file multiple electronic copies.
[01:14:48.420 --> 01:15:02.420]  Yeah, well my thought is that anybody who's filing the complaint, we're paying their taxes, we're paying their salaries, we're paying for their staff, so they should be the ones that make the copies that they want.
[01:15:02.420 --> 01:15:05.420]  We should just have to file one complaint.
[01:15:05.420 --> 01:15:06.420]  Exactly.
[01:15:06.420 --> 01:15:15.420]  And make that argument to them that it's an undue burden and it'll almost certainly authorize you to do it electronically.
[01:15:15.420 --> 01:15:17.420]  Okay, great.
[01:15:17.420 --> 01:15:20.420]  Okay, well you've given me a little bit to go on.
[01:15:20.420 --> 01:15:33.420]  And if I'm just waiting to hear about it, but I'm going to start working on filing in the federal court over the FBI actually, sorry, you said the FBI first against the judge.
[01:15:33.420 --> 01:15:49.420]  The Special Mutant E-Charge is what I'm going to file. Now would that be in where I'm living now or where the actual problem occurred in LA where the attorney is and where my property was, but I'm living there four hours away?
[01:15:49.420 --> 01:15:53.420]  Yeah, we're either one, either or both.
[01:15:53.420 --> 01:16:00.420]  Okay, it would be easier for me to file locally because if I have to go to court afterwards.
[01:16:00.420 --> 01:16:09.420]  That'll be better because this SAC will send it to the other SAC and now he's got two SACs involved.
[01:16:09.420 --> 01:16:18.420]  And if you wind up filing against this SAC because the other one didn't do anything, this guy's going to be unhappy.
[01:16:18.420 --> 01:16:21.420]  Makes more politics.
[01:16:21.420 --> 01:16:24.420]  Great, great. I like that. I just want to keep going.
[01:16:24.420 --> 01:16:39.420]  I've got so many of these to do. When I look back at what they've done and all the lies they've told and the proceedings they've committed and the felonies under California law that they've committed, it's just mind-boggling.
[01:16:39.420 --> 01:16:50.420]  Unfortunately, it's pretty common, especially in California. The courts are absolutely bought and paid for.
[01:16:50.420 --> 01:16:59.420]  Yes, they certainly are. But I will let you go to other courts. I know you've probably got plenty and thank you for your input tonight.
[01:16:59.420 --> 01:17:03.420]  Yes.
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[01:19:27.420 --> 01:19:50.420]  Okay, we are back. Randy Kelkin, rule of law radio and we're talking, going to, this might be a new caller. I don't have a name on this. A four, two, three number in California.
[01:19:50.420 --> 01:19:56.420]  Hello, hello. If you're in California, speak up.
[01:19:56.420 --> 01:19:58.420]  No, I'm not in California.
[01:19:58.420 --> 01:20:05.420]  Oh, this says you're in California. But then it's an on-screen call. Is this your first time calling in?
[01:20:05.420 --> 01:20:07.420]  No, I've come home before.
[01:20:07.420 --> 01:20:14.420]  Okay, then this number you called on may not be in our database. Okay, first name and state?
[01:20:14.420 --> 01:20:17.420]  Greg, Tennessee.
[01:20:17.420 --> 01:20:24.420]  Tennessee, okay. Wait a minute, Tennessee. There ain't nothing but hillbillies in Tennessee.
[01:20:24.420 --> 01:20:26.420]  That's me.
[01:20:26.420 --> 01:20:33.420]  Yeah, me too. I'm in Dresden. Okay, what do you have for us today?
[01:20:33.420 --> 01:20:45.420]  Well, I'm having a terrible time trying to get someone to accept my criminal charges against the constable.
[01:20:45.420 --> 01:20:54.420]  Well, did you, the ones who wouldn't take your complaint, did you file against them?
[01:20:54.420 --> 01:21:02.420]  Well, I've done two bar grievances against the assistant district attorney and not.
[01:21:02.420 --> 01:21:08.420]  No, no, this is criminal. Did you file criminally against the assistant district attorney?
[01:21:08.420 --> 01:21:11.420]  Well, I'm going to get there eventually.
[01:21:11.420 --> 01:21:15.420]  The thing is...
[01:21:15.420 --> 01:21:22.420]  Wait a minute, I have one question. How far are you from Pulaski, Texas?
[01:21:22.420 --> 01:21:25.420]  I'm a long way from Texas.
[01:21:25.420 --> 01:21:29.420]  I'm sorry. Pulaski, Tennessee.
[01:21:29.420 --> 01:21:34.420]  Oh, Pulaski. I'm not really sure. Where's that close to?
[01:21:34.420 --> 01:21:43.420]  Kind of. It's just west of Central. It's not too far from Jackson.
[01:21:43.420 --> 01:21:49.420]  Okay, yeah. Well, that's probably like maybe three hours.
[01:21:49.420 --> 01:22:00.420]  Oh, okay. The year-long way. The reason I ask that is Pulaski, Tennessee is the birthplace of the Klan.
[01:22:00.420 --> 01:22:06.420]  And the federal charge you bring against them is the Ku Klux Klan Act.
[01:22:06.420 --> 01:22:11.420]  So if you're in Tennessee, they should know about it.
[01:22:11.420 --> 01:22:18.420]  Okay, prosecuting attorney, he's not really the right guy.
[01:22:18.420 --> 01:22:29.420]  Although he can take complaints, and if you give him a complaint and he fails to act on it, you accuse him of shielding from prosecution.
[01:22:29.420 --> 01:22:38.420]  But he does not have a specific statutory duty to take a complaint, because all he is is the lawyer for the state.
[01:22:38.420 --> 01:22:44.420]  All complaints are directed to some magistrate.
[01:22:44.420 --> 01:22:49.420]  So you make up the complaint and you take it to a justice of the peace.
[01:22:49.420 --> 01:22:55.420]  Or a municipal judge. They forget that they're magistrates. Or even a mayor.
[01:22:55.420 --> 01:23:00.420]  If you had a mayor you don't like, you can see him good.
[01:23:00.420 --> 01:23:12.420]  I had several of those things. There's a statute here for the duties of the district attorney.
[01:23:12.420 --> 01:23:20.420]  41-11-121 says it's the duty of each district attorney general to whom any violation is reported
[01:23:20.420 --> 01:23:29.420]  because appropriate reasons to be instituted and prosecuted in a court of competent jurisdiction without delay.
[01:23:29.420 --> 01:23:35.420]  Wonderful. That is wonderful. Then he does have a duty.
[01:23:35.420 --> 01:23:37.420]  Yes, he does.
[01:23:37.420 --> 01:23:47.420]  So when he fails to perform the duty, do you know if you have a statute for shielding from prosecution?
[01:23:47.420 --> 01:23:54.420]  The charge would be official misconduct. All you can do.
[01:23:54.420 --> 01:23:59.420]  Shielding from prosecution, I don't think there's one worded that way.
[01:23:59.420 --> 01:24:01.420]  Okay.
[01:24:01.420 --> 01:24:11.420]  But one of my main questions, and I don't know, it might be easier if you pulled up 40-6-205 or I can try to read it to you.
[01:24:11.420 --> 01:24:18.420]  It's issues of warrant and it's the duties of a magistrate.
[01:24:18.420 --> 01:24:24.420]  It's kind of long and it's got subsections and stuff.
[01:24:24.420 --> 01:24:28.420]  Can you paraphrase it for us?
[01:24:28.420 --> 01:24:36.420]  What it basically says, I'll probably, like it starts out with A at the top, it's like, I'll just read that part to you.
[01:24:36.420 --> 01:24:49.420]  It says, if the magistrate is satisfied from the written examination that there is probable cause to believe the offense complained of has been committed and that there is probable cause to believe the defendant has committed it,
[01:24:49.420 --> 01:24:53.420]  then the magistrate shall issue an arrest warrant.
[01:24:53.420 --> 01:25:13.420]  The finding of probable cause shall be based on evidence which may be hearsay in whole or in part provided, however, that there is a substantial basis for believing the source of the hearsay to be credible in believing that there is a factual basis for the information furnished.
[01:25:13.420 --> 01:25:24.420]  But then there's subsections B and then 1 and 2 under that.
[01:25:24.420 --> 01:25:52.420]  My main question for the night right here, it's basically trying to determine whether or not to issue an warrant. This statute is called issuance of warrant and it's deciding whether to issue a warrant or a assignment for the defendant.
[01:25:52.420 --> 01:26:09.420]  That's pretty standard in code. The judge generally has the option to issue a warrant or just issue a summons like if the guy is the mayor of Memphis, the judge is not likely to issue a warrant.
[01:26:09.420 --> 01:26:38.420]  He's going to issue a summons to the mayor so the mayor can come in himself rather than be drugged in handcuffs. If it's a kind of crime that's not a violent crime and the accusation is made against a prominent person of good record, then the court doesn't have the option of just issuing a summons instead of a warrant.
[01:26:38.420 --> 01:26:50.420]  That's common everywhere. When you get off of this call, will you send me an email?
[01:26:50.420 --> 01:27:12.420]  I can. Let me read you this. Subsection B, Part 2, it says if a single or multiple fine are seeking a warrant of arrest for a Mr. Mayor offense as defined in 3911-110 and none of the fines is a law enforcement officer.
[01:27:12.420 --> 01:27:27.420]  Hold on. Do you know what 3911-10 is? Out of 11-106 is control. Hold on just a second. I'm looking it up. That could be real critical.
[01:27:27.420 --> 01:27:51.420]  Okay. That's definitions. 3911-106 title definitions. Okay. What did that say? Okay. Office, okay. There are multiple affiants and one or more of the affiants is a law enforcement officer as defined.
[01:27:51.420 --> 01:27:58.420]  Go ahead. So they make a distinction for law enforcement officers who are making a complaint.
[01:27:58.420 --> 01:28:24.420]  The way I read this is 40-6-205. It's called issuance of a warrant. The way I read it, you have to have a police officer solve the charge if one of the charges is a felony. It says...
[01:28:24.420 --> 01:28:50.420]  Okay. No, no, no. One and two don't have anything to do with each other. They're separated by semicolons. You read it, notwithstanding the provisions of Subsection A, the magistrate may issue a warrant of arrest instead of a criminal summons if the offense complained of as a felony is defined by 3911-10.
[01:28:50.420 --> 01:29:11.420]  And Chapter 39 is just definitions. That's all 3911 goes to as defined in 3970 or the offense of stalking as defined 3917-315. Okay.
[01:29:11.420 --> 01:29:32.420]  He has to issue a warrant here instead of a summons or a semicolon there. So this is a different sentence. Nothing, notwithstanding the provisions, the magistrate must issue a warrant if there are multiple affiants.
[01:29:32.420 --> 01:29:50.420]  And one or more of the affiants is a law enforcement officer as defined by 3911-106. If a police officer swears to the complaint, then the judge has to issue a warrant.
[01:29:50.420 --> 01:30:03.420]  Okay. Next one is after examination of the affiant and the affidavit of complaint, the magistrate has probable cause to believe that the issuance of a warrant...
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[01:33:41.420 --> 01:33:53.420]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Greg in Tennessee.
[01:33:53.420 --> 01:33:58.420]  There we go. Okay, I kind of ran off the cliff back there.
[01:33:58.420 --> 01:34:23.420]  And okay, you were thinking that there had to be a police officer. The way I read this, the only reference to a police officer was that if one of the affiants is a police officer and there are multiple affiants and one of them is, then the judge has to issue a warrant.
[01:34:23.420 --> 01:34:33.420]  Let's see, this indicates multiple affiants and that means they don't have to be policemen.
[01:34:33.420 --> 01:34:43.420]  Okay, but this takes you to 3, the one I was concerned with. Are you on 40-6-205?
[01:34:43.420 --> 01:35:07.420]  Yeah. Okay, down there on 3 it says if the affiants seeking a warrant for arrest for a felony offense has defined by 3911-110 and none of the affiants is a law enforcement officer as defined 3911-106, there is a presumption that the magistrate shall not issue either a criminal summum or...
[01:35:07.420 --> 01:35:14.420]  Okay, wait, wait, wait, wait. I'm not reading the same thing you are. Oh, wait, what statute are you on?
[01:35:14.420 --> 01:35:17.420]  40-6-205.
[01:35:17.420 --> 01:35:21.420]  Okay, 205 and you're reading B3?
[01:35:21.420 --> 01:35:24.420]  Um, yes.
[01:35:24.420 --> 01:35:49.420]  Okay, I'm reading after examination of the affiants and the affidavit of complaint, the magistrate has probable cause to believe that the issuance of an arrest warrant rather than a criminal summum is necessary to prevent an immediate danger of domestic abuse to evicts, as defined in 363601.
[01:35:49.420 --> 01:36:00.420]  And remember for everybody else, this is saying that a magistrate can issue a warrant instead of a summum. That's all this goes to.
[01:36:00.420 --> 01:36:10.420]  And he can issue a warrant if he has concern of domestic abuse.
[01:36:10.420 --> 01:36:13.420]  Is that 40-6-205?
[01:36:13.420 --> 01:36:21.420]  Yeah. Let me go back and make sure 40-6-205, B3.
[01:36:21.420 --> 01:36:36.420]  Yes. Well, what I've got here says that if there is a presumption that the magistrate shall not issue either a criminal summum or provided by...
[01:36:36.420 --> 01:36:50.420]  As provided at 46215 or an arrest warrant, the presumption is overcome if the magistrate finds an arrest warrant is necessary to prevent immediate danger to the victim, like I said. Yeah.
[01:36:50.420 --> 01:37:15.420]  Okay. Yeah. All of this is about is it gives the magistrate leeway and it only goes to a matter of domestic abuse where he's concerned that the victim would be harmed and have anything to do with who's filing the complaint.
[01:37:15.420 --> 01:37:24.420]  If I'm understanding your question right, were you thinking that a police officer was required to file the complaint?
[01:37:24.420 --> 01:37:29.420]  If there was a felony charge in the charges. That's...
[01:37:29.420 --> 01:37:55.420]  No, the only thing that went to is that was B2. Oh, no, I'm sorry. No, this is B1. The offense complaint, okay, notwithstanding the provision subsection A, a magistrate may issue a warrant of arrest instead of a criminal summum.
[01:37:55.420 --> 01:38:15.420]  If the offense complaint of is a felony as defined by 3911110, that's one, two is there are multiple affiants and one or more of the affiants is a law enforcement officer is defined in 3911106.
[01:38:15.420 --> 01:38:22.420]  That merely goes to whether or not the judge issues a summum or a warrant.
[01:38:22.420 --> 01:38:38.420]  If a policeman makes the accusation doesn't say anything in that section about felony or misdemeanor, then the magistrate may issue a warrant.
[01:38:38.420 --> 01:38:42.420]  That's from the primary sentence.
[01:38:42.420 --> 01:38:44.420]  Are you an elixist?
[01:38:44.420 --> 01:38:48.420]  No, I'm on just your law. I've got the code up.
[01:38:48.420 --> 01:38:53.420]  Okay. There's there's some amount of differences in what I'm looking at and what you're looking at.
[01:38:53.420 --> 01:39:01.420]  Hmm. Just, yeah, he normally has a disclaimer saying it may not be up to date, actually.
[01:39:01.420 --> 01:39:09.420]  I don't see one. Oh, there it is. Okay. Let's see if I have one for...
[01:39:09.420 --> 01:39:19.420]  I'm not seeing a link to Lexis. Okay. But at any rate, this doesn't go at all to who can file.
[01:39:19.420 --> 01:39:28.420]  This only goes this section only goes to whether or not the magistrate issues a summum or a warrant.
[01:39:28.420 --> 01:39:38.420]  It can't be construed outside that outside that constraint.
[01:39:38.420 --> 01:39:48.420]  Well, I just...let me read this number to read to you slowly one time.
[01:39:48.420 --> 01:39:56.420]  Okay. Read B and then three as if they were one sentence.
[01:39:56.420 --> 01:40:12.420]  Okay. And this B is pretty short. It says in determining whether to issue an arrest warrant pursuant to subsection A or a criminal summum pursuant to 40-215, the following shall apply.
[01:40:12.420 --> 01:40:15.420]  Then it's got three things.
[01:40:15.420 --> 01:40:34.420]  So, number three says if a single or multiple offind are seeking a warrant of arrest for a felony offense as defined in 3911-110 and none of the offinds is a law enforcement officer as defined in 3911-106,
[01:40:34.420 --> 01:40:46.420]  there is a presumption that the magistrate shall not issue either a criminal summum as provided in 40-6215 or an arrest warrant period.
[01:40:46.420 --> 01:41:02.420]  Okay. This presumption is overcome if the magistrate finds an arrest warrant is necessary to prevent immediate danger to a victim of domestic abuse, sexual assault or stalking as defined in 363-601.
[01:41:02.420 --> 01:41:13.420]  What is the latest change in that code? The one I'm looking at has the latest update to it, 2009.
[01:41:13.420 --> 01:41:19.420]  Well, Lex is supposed to be up to date period, I mean.
[01:41:19.420 --> 01:41:27.420]  Well, no, no. Read the bottom, the very bottom line will show all of the amendments.
[01:41:27.420 --> 01:41:29.420]  The history?
[01:41:29.420 --> 01:41:41.420]  It shows 1858. No, that's the code. Change in 03, 04, 05 and 09.
[01:41:41.420 --> 01:41:46.420]  Okay. And this one says 2014 is the last.
[01:41:46.420 --> 01:41:56.420]  Okay. That is a very substantial difference. That's a difference of substance.
[01:41:56.420 --> 01:41:58.420]  Yeah.
[01:41:58.420 --> 01:42:05.420]  Robert, okay. I don't have that one. And for some reason I did not get it here on Lexus.
[01:42:05.420 --> 01:42:23.420]  The assistant district attorney that I've worked with told me during the initial interview that I couldn't file the charges because there was a felony charge amongst the three.
[01:42:23.420 --> 01:42:42.420]  And then when I went and tried to anyway after I had talked to her, the clerk called her and got her advice and refused to file slain charges and wouldn't take them and wouldn't help her last name.
[01:42:42.420 --> 01:42:59.420]  The way I read that, the way I took that from what you read, that did not bar you from filing. It merely gave the magistrate an option of what he did when you filed.
[01:42:59.420 --> 01:43:08.420]  I would file a criminal complaint against unknown clerk and let them figure out who the clerk is.
[01:43:08.420 --> 01:43:23.420]  Right. Well, it's okay. It's inconceivable that a citizen would be prevented from giving notice of crime, inconceivable.
[01:43:23.420 --> 01:43:24.420]  Okay.
[01:43:24.420 --> 01:43:40.420]  1215, when the first Magna Carter was created, it was the intention that citizens give notice of crime that's been universal in law ever since.
[01:43:40.420 --> 01:43:49.420]  And I suspect if you go to any nation on earth, that will be the intent of their laws.
[01:43:49.420 --> 01:44:00.420]  So for a prosecuting attorney to say that you don't have a right to file a criminal complaint or that you are somehow prevented.
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[01:46:13.420 --> 01:46:38.420]  As we saw, so shall we read.
[01:46:38.420 --> 01:47:01.420]  Okay, we are back. Randy Kelton, rule of law radio and we're talking to Greg in Tennessee.
[01:47:01.420 --> 01:47:19.420]  Okay, Greg, I was talking to Ms. Leslie on the break and you're doing something that's common with people who begin to research law. You appear to be looking for what you can do.
[01:47:19.420 --> 01:47:34.420]  Wrong, wrong, wrong. That's not how we do that. We are not public officials. We are the masters of those officials. They're all our public servants.
[01:47:34.420 --> 01:47:55.420]  We look for what the law specifically forbids us to do. If the law does not forbid us to do something, we can do it. And I would ask that prosecutor, you need to show me some law or I want to get the bailiff in here to arrest you.
[01:47:55.420 --> 01:48:14.420]  I'd like to tell a prosecutor, where'd you come up with that? Did you just make that up? Every time I tell one that, it's like I slapped them. They just freeze in their tracks.
[01:48:14.420 --> 01:48:26.420]  Okay, is that... Exactly, because, you know, it's actually against the law to know a crime has been committed and not reported. Exactly.
[01:48:26.420 --> 01:48:34.420]  So, you know, maybe I should have told her that. No, you should have called the bailiff and asked the bailiff to arrest her.
[01:48:34.420 --> 01:48:47.420]  Well, we were in her office. I haven't been in court. No, that's okay. So, hang on. Take out your phone down 911. Yeah.
[01:48:47.420 --> 01:49:06.420]  Or, rather than do it in her office, when you get out of the office, then go find a bailiff and ask him to go and arrest her. Because she denied you in your right to petition the court for redress agreements.
[01:49:06.420 --> 01:49:24.420]  Not only do you have a right to have a duty, she's subjected you to potential criminal prosecution. It is a class A misdemeanor in Texas. If you have knowledge that a felony has been committed and you don't report that knowledge, it's a class A misdemeanor.
[01:49:24.420 --> 01:49:32.420]  And you just had a prosecutor tell you, if you have knowledge that a felony has been committed, because it's a felony, you can't report it.
[01:49:32.420 --> 01:49:43.420]  That's what she told me. I'd like to see her try to explain that to a judge or a grand jury of your peers.
[01:49:43.420 --> 01:50:10.420]  Right. Well, I think my next move, I'm going to present these charges to a district judge. I've got picked out. I need to figure out how to get somebody to file it, though, because once you get charges filed, then you sort of become a protected class, like you talk about sometimes.
[01:50:10.420 --> 01:50:30.420]  No, when you make the complaint, you've made the accusation. Now anybody does anything like, in this case, you charge the prosecutor with witness tampering.
[01:50:30.420 --> 01:50:48.420]  You have a duty to act as a witness. You have knowledge of crime that's been committed. And the prosecutor lied to you in order to prevent you from performing your duty as a witness, charging witness tampering and obstruction.
[01:50:48.420 --> 01:51:03.420]  Okay. Several charges. I do have, that was the second, the second, Margaret even, was for obstruction, where she told, she basically advised, she had a conspiracy with the clerk to not take my charges.
[01:51:03.420 --> 01:51:09.420]  She told her on the phone, not these, so that's the conspiracy to, you know...
[01:51:09.420 --> 01:51:18.420]  Obstruct. Conspiracy to obstruct justice and witness tampering the witness.
[01:51:18.420 --> 01:51:38.420]  They never acknowledged my second bar complaint. The first time it was the, you know, misconduct and not following rule four and that first, you know, that duty that she has to do that in a timely manner, like I read it in the beginning.
[01:51:38.420 --> 01:51:44.420]  Wait, wait, wait. You filed a bar complaint on this and the bar did not respond at all?
[01:51:44.420 --> 01:51:49.420]  The first time they did, but the second one, they didn't.
[01:51:49.420 --> 01:51:59.420]  Did you give the state bar notice that you had reason to believe that a crime had been committed?
[01:51:59.420 --> 01:52:10.420]  Well, I just filled out their form on the line. Yeah, but in there, did you accuse the prosecutor of doing something that amounted to a criminal act?
[01:52:10.420 --> 01:52:12.420]  Absolutely.
[01:52:12.420 --> 01:52:19.420]  He should file against the director of the bar, criminally for shielding.
[01:52:19.420 --> 01:52:25.420]  Well, I thought it was... That will make him unhappy.
[01:52:25.420 --> 01:52:32.420]  He has knowledge that a crime has been committed and he didn't report that crime.
[01:52:32.420 --> 01:52:40.420]  He doesn't get off just because he's part of the bar.
[01:52:40.420 --> 01:52:48.420]  It's called the judicial responsibility or something. I didn't have that pulled up here.
[01:52:48.420 --> 01:52:58.420]  But it's got a thing where you search for their bar card number and all that. It's pretty official. I think it's on the level.
[01:52:58.420 --> 01:53:06.420]  But like I said, the first time they acknowledged it and the second time they didn't even...
[01:53:06.420 --> 01:53:11.420]  Oh, okay. Most people get frustrated when they do that kind of stuff.
[01:53:11.420 --> 01:53:18.420]  See, I jump up, down, clap my hands. Now I get to kick you in your professional pants, bad boy.
[01:53:18.420 --> 01:53:22.420]  You don't want to do your job with the others' words for you.
[01:53:22.420 --> 01:53:27.420]  So the higher up you can go and stir up stink the better.
[01:53:27.420 --> 01:53:45.420]  Now you've got the director of the bar with criminal charges against him as respondeat superior for conducting the business of the bar in a way that had the effect of committing crime.
[01:53:45.420 --> 01:53:49.420]  He will not be a happy camper.
[01:53:49.420 --> 01:53:58.420]  Well, there's so many. The actual district attorney who she's an assistant to is coming into play here, too. The investigator is into play.
[01:53:58.420 --> 01:54:11.420]  Now you're telling me the guy ahead of the bar thing is to complain that the clerk, and then as soon as I give these charges to the judge, it'll be the judge, my assistant.
[01:54:11.420 --> 01:54:20.420]  What they're looking at? Yeah, this guy, he probably won't ever get anything done with this.
[01:54:20.420 --> 01:54:33.420]  But what if he does? What if I have a political enemy out there in a position of power and influence and he picks this up?
[01:54:33.420 --> 01:54:42.420]  I could go to jail. My career will end, quote, warrant a removal from office.
[01:54:42.420 --> 01:54:53.420]  This for them is a big deal. They're not going to come to you and say, what you just did to me was a really big deal. They're going to keep their mouth shut.
[01:54:53.420 --> 01:54:57.420]  They're not going to want you to know that it's a big deal.
[01:54:57.420 --> 01:55:07.420]  That's the last thing they want to happen. But I assure you, when someone's trying to get you put in prison, it's always a big deal.
[01:55:07.420 --> 01:55:19.420]  Even if you think you're protected to everybody, nobody trusts the legal system. Not even the scoundrels in the legal system. They're not afraid of you.
[01:55:19.420 --> 01:55:38.420]  District judge. Say that again. When I file these charges, the ones that I want to be filed against the constable, I need to add all these charges against the actual district attorney.
[01:55:38.420 --> 01:55:50.420]  Responding at superior. The ADA is acting under the training and direction of the district attorney.
[01:55:50.420 --> 01:55:54.420]  I tried to hit on him today.
[01:55:54.420 --> 01:56:05.420]  The best thing to do is charge someone who didn't do anything. He's really going to be PO'd.
[01:56:05.420 --> 01:56:13.420]  I've got so many that did do something that I don't even have time to write up all that.
[01:56:13.420 --> 01:56:25.420]  That's why I want you to send me an email. I want to sit down with you and we'll build a set of tools and write those up for you.
[01:56:25.420 --> 01:56:30.420]  Okay. What am I sending you in the email?
[01:56:30.420 --> 01:56:36.420]  Just send me an email. Just tell me, Greg from Tennessee.
[01:56:36.420 --> 01:56:38.420]  What do you want to be in it?
[01:56:38.420 --> 01:56:48.420]  Nothing. Just just that. I got a link to it. I'll contact you off the show and explain what I'm looking for.
[01:56:48.420 --> 01:56:50.420]  Okay.
[01:56:50.420 --> 01:56:55.420]  You know the codes. I need somebody who knows the codes in Tennessee.
[01:56:55.420 --> 01:57:08.420]  I got a traffic ticket in Dresden by a state trooper and I want to give him a romp through the legal system.
[01:57:08.420 --> 01:57:15.420]  Just for yucks. I want to test out the judges and prosecutors here.
[01:57:15.420 --> 01:57:29.420]  Okay. I'll send you a few little things there in the email too that might be interesting about the constable.
[01:57:29.420 --> 01:57:33.420]  Okay. Do that. Do you have anything else for the show today?
[01:57:33.420 --> 01:57:51.420]  Well, on one of the charges, I've got three charges just briefly I'll explain to you. The worst one is there's low grade felonies, aggravated stalking, then there's harassment, the class A misdemeanor, and then vandalism I think.
[01:57:51.420 --> 01:57:54.420]  I'm not even sure if it's class A. It's a misdemeanor of some kind.
[01:57:54.420 --> 01:58:06.420]  But I lost my thought there.
[01:58:06.420 --> 01:58:11.420]  You're talking about the different charges, different complaints that you had against people.
[01:58:11.420 --> 01:58:15.420]  I'm not complaining. No, I'm the same guy, the constable.
[01:58:15.420 --> 01:58:17.420]  Oh, okay.
[01:58:17.420 --> 01:58:22.420]  Oh, now I remember. This is the constable that hates you.
[01:58:22.420 --> 01:58:29.420]  Yes, he hates me for 14 years. He's three months.
[01:58:29.420 --> 01:58:34.420]  He's never been a constable until just recently. He just got elected in August.
[01:58:34.420 --> 01:58:49.420]  That's what I was going to tell you. On the least of the charges, the vandalism where you're throwing wood and hitting my truck and messing it up.
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