[00:00.000 --> 00:06.760]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.760 --> 00:13.200]  Markets for Monday the 22nd of July 2019 open with Precious Metals, Gold $1,429 an ounce,
[00:13.200 --> 00:21.520]  Silver $16.45 an ounce, Copper $2.75 an ounce, Oil, Texas Crude $55.63 a barrel, Brent Crude
[00:21.520 --> 00:29.960]  $62.47 a barrel, and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum $200.00
[00:29.960 --> 00:41.320]  $27.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.320 --> 00:52.280]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated
[00:52.280 --> 00:58.040]  on Market Street in San Francisco during the World War I Preparedance Day parade, killing 10
[00:58.040 --> 01:04.760]  and injuring 40 today in history.
[01:04.760 --> 01:09.760]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing HEPA to tax
[01:09.760 --> 01:14.360]  his law back in June, county prosecutors around the state, including Houston, Austin, and San
[01:14.360 --> 01:18.840]  Antonio, have been dropping marijuana possession charges and even refusing to file new ones
[01:18.840 --> 01:22.800]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.800 --> 01:24.760]  test the year for THC.
[01:24.760 --> 01:28.400]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.400 --> 01:33.120]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.120 --> 01:34.120]  law.
[01:34.120 --> 01:37.560]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:37.560 --> 01:42.040]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.040 --> 01:48.200]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.200 --> 01:51.160]  well as other cities too, like the District Attorney.
[01:51.160 --> 01:57.320]  In El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law, quote,
[01:57.320 --> 02:01.800]  will not have an effect on the prosecution of marijuana cases in El Paso.
[02:01.800 --> 02:06.760]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.760]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.360]  It's important that if someone is charged with something, the test matches what they're
[02:17.360 --> 02:22.560]  charged with.
[02:22.560 --> 02:27.240]  A paper by Tulane University identified a five-and-a-half inch American pocket shark
[02:27.240 --> 02:32.360]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.360 --> 02:38.000]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.000 --> 02:39.500]  Pacific Ocean.
[02:39.500 --> 02:43.800]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.800 --> 02:50.080]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.080 --> 03:18.080]  glow.
[03:18.080 --> 03:40.680]  Okay, howdy, howdy, Randy Kelton, rule of law radio on this Friday, the 23rd day of
[03:40.680 --> 03:53.680]  November 2019, if you're all by myself today, and it wasn't here yesterday I was at a meeting of
[03:53.680 --> 04:02.760]  entrepreneurs in Hillbilly, Tennessee, actually it was in Clarksville, Tennessee. In Clarksville,
[04:02.760 --> 04:08.880]  every time I hear the word it kind of sticks to me because I have two reasons for being stuck
[04:08.880 --> 04:18.560]  to Clarksville. When I was about to leave country for the first time, I remember standing at the
[04:18.560 --> 04:27.640]  base of a set of stairs going up into a 707. I looked up at Prevus Air Force Base in California,
[04:27.640 --> 04:38.360]  and I looked up with up those steps in the lyrics of last train to Clarksville was ringing in my
[04:38.360 --> 04:48.800]  mind. I'm looking up those steps thinking I don't know if I'm ever coming home. Anyone who has ever
[04:48.800 --> 04:59.240]  got on that airplane, have my highest respect. Doesn't matter what you're going to war to do,
[04:59.240 --> 05:11.000]  you're going to war, and anyone who's walked up those steps has my highest respect. I remember
[05:11.000 --> 05:16.400]  back when Bush was running for president, he had some major on complaining about Kerry. Now,
[05:16.400 --> 05:24.360]  I'm not by any means a Democrat, but this major was complaining that Kerry was grandstanding,
[05:24.360 --> 05:34.440]  that they were both driving fast boats on the Mekong River, and that Kerry, that SOB,
[05:34.440 --> 05:43.040]  charged past him and picked up three people who were in the water under withering fire. My first
[05:43.040 --> 05:56.520]  question is, how did he manage to pass you? Second, you're claiming that someone is grandstanding
[05:56.520 --> 06:05.720]  by driving into withering fire. How does that work? Have you ever shot at something on the
[06:05.720 --> 06:14.160]  river or out in the water? I used to shoot water moccasins with a 22 rifle. Now, it wasn't a great
[06:14.160 --> 06:20.360]  shot. And if they had been on the ground or something, there's no way I could hit them. But
[06:20.360 --> 06:27.160]  out there in that water, you take that first aim, and you can see exactly where your projectile
[06:27.160 --> 06:34.800]  hit. And you know exactly how much to adjust it. And you've got these guys out here in the water,
[06:34.800 --> 06:44.720]  and a whole lot of bad guys shooting at them, and they're complaining that Kerry beat him
[06:44.720 --> 06:48.680]  to get these people out. And he got a Bronze Star for it. He sure got a Bronze Star for it.
[06:48.680 --> 07:00.360]  And Bush, he brought this on because he never walked up that set of steps. And then something
[07:00.360 --> 07:09.440]  happened when I was in country. We were at a place we really weren't at. Doing things that
[07:09.440 --> 07:17.480]  really were never done. We had to sign a contract we couldn't read, and then go in in civilian
[07:17.480 --> 07:23.480]  clothes, and they brought us in. Air America brought us in. And we were working on some weapons
[07:23.480 --> 07:32.760]  there. It was some defensive weapons at us, the location. And it got overrun up behind us. And we
[07:32.760 --> 07:37.880]  were about 20 feet down the side of a slope, so we couldn't see what was going on. But there was
[07:37.880 --> 07:45.160]  big time firefight going on. And the Air America copter was out of ways, but he's out clear of
[07:45.160 --> 07:50.920]  the fire. He wants to come in and get us, but he can't get to us. And then the 101st came in.
[07:50.920 --> 07:59.400]  First thing were two Huey Cobras strafe the top of the ridge behind us. And then they brought in a
[07:59.400 --> 08:06.080]  hog. A hog fires 20 millimeter, a 40 millimeter cannon shells. You can watch that thing gain
[08:06.080 --> 08:15.400]  four or five hundred feet while it's firing. It never flies level. The cannon is so heavy,
[08:15.400 --> 08:19.800]  they can't hover with it. They have to take off like an airplane. And then when they're up,
[08:19.800 --> 08:25.480]  their nose is hanging down, so they don't have to tip forward to fire. They can just point in the,
[08:25.480 --> 08:29.640]  in order to hold the aircraft in the, in the air, they have to be tipped down,
[08:30.440 --> 08:35.800]  running as just about as fast as they can. We had a block of thuds,
[08:35.800 --> 08:43.960]  bombing up behind us with the two Bantamas courts strafing. And the 101st came through
[08:43.960 --> 08:50.440]  that withering fire like it wasn't even there. And they suppressed enough so that the Sarah
[08:50.440 --> 08:56.520]  America guy could come get us out. I was in Clarksville and went into a store to get some
[08:56.520 --> 09:02.920]  directions and there on the wall was a placard for the 101st. I didn't know where they were.
[09:03.560 --> 09:09.640]  And I went to this meeting yesterday because it was a bunker labs meeting and they
[09:09.640 --> 09:20.040]  provide incubator service for veterans. And this one was in Clarksville and I got the opportunity
[09:20.840 --> 09:28.360]  to meet some guys from the 101st. And I could not have been more thrilled to get an opportunity
[09:29.000 --> 09:33.960]  to thank them because without the 101st, that would not be here.
[09:33.960 --> 09:44.920]  Okay. Good meeting. That's some interesting folks. And may have made some contacts. One of the
[09:46.360 --> 09:54.760]  organizers of this particular chapter helps people who are building a project to get funded,
[09:54.760 --> 10:04.760]  to get compliant with SEC. Well, one of my websites is seccompli.com as a proof of concept of
[10:04.760 --> 10:14.280]  this electronic lawyer project I've been building. Due process and the criminal code is huge. We
[10:14.280 --> 10:26.040]  loaded it what I have done into a NE04J linkless database and it counted 1.5 million nodes. That's
[10:26.040 --> 10:33.000]  how many questions we have generated so far. And I've only got about two thirds of criminal
[10:33.000 --> 10:40.120]  and due process. So it's too big for a proof of concept. I could carve out a small piece of it,
[10:40.120 --> 10:47.480]  but I wouldn't get due process. So I looked around for something smaller. And then when I was
[10:49.000 --> 10:57.080]  looking to do a sale myself and generate some funding, I looked at the SEC code and it was
[10:57.080 --> 11:05.160]  absolutely impossible to read. To give you an idea of how impossible it is to read,
[11:05.160 --> 11:12.920]  it's so impossible to read even the regulators can't read it. Because if they could read it,
[11:14.360 --> 11:29.320]  when they read 17 CFR 227.100, that's the crowdfunding exemption statute.
[11:29.320 --> 11:39.240]  First page, first paragraph, first half of first sentence. Ask if you are in compliance,
[11:40.200 --> 11:51.800]  compliance with the 15 U.S. code 77D6 problem. There is no such thing.
[11:51.800 --> 12:04.040]  Who ever read that read it as 15 U.S. code 77 paragraph D sub paragraph 6.
[12:05.880 --> 12:13.800]  But there is no 15 U.S. code 77. There is a 15 U.S. code 77D.
[12:13.800 --> 12:22.840]  But all of the codes start with a lower case letter and then a number, then an uppercase letter.
[12:24.280 --> 12:34.920]  So it should have been 15 U.S. code 77D paragraph A6. It's just a typo.
[12:34.920 --> 12:46.760]  So how does a typo, first sentence, first paragraph, first page stay in the code for 20 years?
[12:49.480 --> 12:58.360]  Nobody read it. We can't read it. It's too nonsensical. The regulators don't read it. They just make
[12:58.360 --> 13:08.040]  up stuff. And that's why President Trump passed this or part of the reason he passed executive order
[13:09.480 --> 13:27.240]  13891 and 13892 that ordered all U.S. regulatory agencies to specifically define their code
[13:27.240 --> 13:34.280]  before they can enforce it. Because nobody can read it. So anyway, I took
[13:35.720 --> 13:42.200]  regulation C, crowdfunding, regulation A and regulation D, and I turned them into a questionnaire.
[13:43.560 --> 13:51.160]  And now anyone who's looking to do a crowdfunding or a exempted
[13:51.160 --> 13:59.560]  funding sale, instead of having to read the code, they can just go to this questionnaire.
[13:59.560 --> 14:02.760]  And the questionnaire says, did you do this? Did you do this? Did you do this?
[14:03.640 --> 14:09.560]  It will walk you through the codes. First paragraph, first sentence of each of the three codes
[14:10.440 --> 14:16.840]  asks if you are in compliance with another code. Well, the reader doesn't know it does that. The
[14:16.840 --> 14:23.080]  person using the questionnaire, they just know it asks them a question. And the question it asks
[14:23.080 --> 14:30.760]  them is not from the regulation they're reading. The first question is the one from the code
[14:30.760 --> 14:35.640]  where it asks if you're in compliance. I go to that code and ask all the compliance questions
[14:35.640 --> 14:42.040]  in that code. Well, the user never knows that. He's just asking questions. And he also doesn't
[14:42.040 --> 14:47.400]  know that that code that we got referred to refers to half a dozen other codes.
[14:48.520 --> 14:53.160]  For all three of these, I'm 50 to 100 questions in before I get through the first half of the
[14:53.160 --> 15:01.320]  first sentence, the first paragraph of the code. So it is incredibly complex. But this,
[15:01.320 --> 15:08.360]  the tool turned out to be perfect. The user doesn't have any idea. He's just answering questions.
[15:08.360 --> 15:16.920]  And it's sticking his answers in this output document. It says, did you do this? And he says,
[15:16.920 --> 15:22.440]  either says, yes, I did this or no, I didn't do this, which he picks a yes or no. It puts that
[15:22.440 --> 15:28.440]  sentence in an output document. And if he was supposed to do that, and he didn't, it puts it
[15:28.440 --> 15:35.080]  in red. If he wasn't supposed to do that, and he didn't, it puts it in black. So when he's done,
[15:35.080 --> 15:40.280]  he's got a checklist. And you go down this list and everything that's red, he has to address.
[15:40.280 --> 15:46.840]  Everything's green, he don't have to worry about it. Now these developers, they may not be able to
[15:46.840 --> 15:56.760]  read complex code, or at least compact, complex legal code. Here they, but they can follow a
[15:56.760 --> 16:01.880]  checklist. So you just got this list of things you got to do. Do all those things, go back to
[16:01.880 --> 16:07.720]  the questionnaire, everything comes out green. Then you have it notarized and file it with the SEC.
[16:08.840 --> 16:14.920]  Now they cannot come after you, because you've addressed all of their code. If they try to
[16:14.920 --> 16:21.720]  come after you now, they have to violate their own code. And then their prosecution becomes
[16:21.720 --> 16:28.360]  ex post facto, which is forbidden by Constitution. Hang on. We're about to go to break. I am turning
[16:28.360 --> 16:33.880]  on the phone lines. I'm not turning those on anymore before the show started. I did that once,
[16:33.880 --> 16:39.240]  and it caused a problem, because when the show starts, it just phones off, and then you have
[16:39.240 --> 16:45.240]  to turn it back on again. So I'll have to wait till I get started, and this time I was distracted,
[16:45.240 --> 16:49.720]  so I don't have them on. But they're on now. If you have a question or comment, give us a call,
[16:49.720 --> 17:07.720]  512-646-1984. We'll be right back. It's the 2019 Logos Radio Network annual fundraiser and gun
[17:07.720 --> 17:14.280]  giveaway sponsored by Central Texas Gun Works. Go to LogosRadioNetwork.com and enter to win.
[17:14.280 --> 17:19.640]  Any amount is appreciated. Everything helps to keep us on the air. From Central Texas Gun Works,
[17:19.640 --> 17:26.840]  the grand prize up for grabs is a spiked tactical AR-15. More prizes and sponsors to be announced.
[17:26.840 --> 17:32.360]  Every $25 donation is a chance to win. When you purchase Randy Kelton's ebook,
[17:32.360 --> 17:38.680]  Legal 101, you get four chances to win. Purchase Eddie Craig's traffic seminar and get 10 chances
[17:38.680 --> 17:44.440]  to win. If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can keep
[17:44.440 --> 17:50.040]  bringing you the best quality programming on talk radio today. We also accept Bitcoin and other
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[17:57.320 --> 17:59.240]  for details and donate today.
[18:01.640 --> 18:05.640]  Rule of law radio is proud to offer the rule of law traffic seminar. In today's America,
[18:05.640 --> 18:09.480]  we live in an us against them society, and if we the people are ever going to have a free society,
[18:09.480 --> 18:13.640]  then we're going to have to stand and defend our own rights. Among those rights are the right to
[18:13.640 --> 18:17.640]  travel freely from place to place, the right to act in our own private capacity, and most importantly,
[18:17.640 --> 18:22.040]  the right to due process of law. Traffic courts afford us the least expensive opportunity to
[18:22.040 --> 18:26.200]  learn how to enforce and preserve our rights through due process. Former sheriff's deputy
[18:26.200 --> 18:29.800]  Eddie Craig, in conjunction with rule of law radio, has put together the most comprehensive
[18:29.800 --> 18:33.640]  teaching tool available that will help you understand what due process is and how to hold
[18:33.640 --> 18:37.480]  courts to the rule of law. You can get your own copy of this invaluable material by going to
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[18:50.680 --> 18:54.600]  fight for your rights with the help of this material from ruleoflawradio.com. Order your
[18:54.600 --> 19:12.280]  copy today, and together we can have free society we all want and deserve.
[19:24.600 --> 19:39.320]  Okay, we are back. Randy Kelton, rule of law radio on this Friday, the 23rd day,
[19:40.600 --> 19:49.480]  no, 27th, the 10th day of November, 2019. And we've got a full bill of calls already,
[19:49.480 --> 19:56.840]  so I'm going to go to Scott in Texas. Hello, Scott. Well, howdy, howdy. You finally got to
[19:56.840 --> 20:04.520]  date straight. I thought this was Saturday. I was going to hang up. Oh, this is the 23rd day.
[20:05.400 --> 20:12.760]  Okay, what do you have for us? Well, there seems to be quite a few interesting things that have
[20:12.760 --> 20:20.600]  been developing. And I know this may have political channel, but it's getting very interesting how
[20:20.600 --> 20:27.320]  some of the things that are occurring in politics are aligning identically with this channel,
[20:27.320 --> 20:34.360]  almost like they're listening. Who's they? That's what you keep asking. But what is...
[20:34.360 --> 20:44.760]  Wait a minute. Wait a minute. Who is they? That's right. That's who they are. But what has happened
[20:44.760 --> 20:56.280]  this week is Peter struck with being, is getting charged with dereliction of supervisory responsibility.
[20:56.280 --> 21:06.200]  Now, I know... That sounds familiar. What do you know about suing for dereliction of supervisory
[21:06.200 --> 21:15.800]  duty? Well, it happened to be about three years ago when I started doing all this compiling on
[21:15.800 --> 21:21.720]  these lawsuits and everything. And, you know, with the help of you and Jay putting these things
[21:21.720 --> 21:28.280]  together and Jay come up with the idea about, you know, this goes straight to supervisory neglect.
[21:29.000 --> 21:35.160]  And I was like, supervisory neglect. I never heard of that. And he said, yeah. And also,
[21:35.160 --> 21:41.800]  he just brought this up to me. We were talking today. This also goes to the intangible right
[21:41.800 --> 21:47.800]  to expect honest service, which I haven't looked into yet. I thought you might be interested in that.
[21:47.800 --> 21:52.200]  The good faith and fair services, that is a cause of action.
[21:53.880 --> 21:59.720]  There we go. Now, we have another cause of action. So...
[21:59.720 --> 22:09.480]  You specifically have a right to a reasonable expectation of good faith and fair services
[22:09.480 --> 22:18.600]  from your public officials. And I think everybody needs to know that, especially they. So,
[22:19.720 --> 22:29.080]  when I filed that suit for supervisory neglect, well, you know, naturally they dismissed it.
[22:29.080 --> 22:36.040]  So, I appealed it and got it all the way up to the this circuit, appeals court, the appellate court.
[22:36.040 --> 22:45.160]  Well, at that time, I didn't know how to write a brief. And so, I withdrew the suit. But since I
[22:45.160 --> 22:53.160]  filed all this stuff, it now is promulgated into the record, published. So, there's been people
[22:53.160 --> 23:02.840]  reading this stuff. And now, two and a half, three years later, now they've created a charge,
[23:02.840 --> 23:10.680]  air election of supervisory responsibility. Now, how many public officials do you think
[23:10.680 --> 23:16.600]  could be charged for that? Well, how many public officials do we have?
[23:18.120 --> 23:20.280]  All of them is the answer.
[23:20.280 --> 23:30.920]  Okay. I got it wrong.
[23:31.480 --> 23:38.920]  Yes. And so, with this right to expect honest service from your public official,
[23:38.920 --> 23:52.760]  now then, this sounds like a serious type of suit that could be brought. And people have to pay
[23:52.760 --> 23:58.280]  attention to it. So, I just wanted to kind of bring this up to in front of everybody and put
[23:58.280 --> 24:07.000]  it out there so they can hear it. And hopefully, like General Flynn, his attorney has been going
[24:07.000 --> 24:16.040]  after the prosecutors, in his case, using Brady. And she's wore them out on Brady Flynn's fix to
[24:16.040 --> 24:23.560]  get off. But she has hammered them on Brady. And once they did discovery and found that the 302s
[24:23.560 --> 24:31.880]  have been altered by FBI agents, how's that Brady working out for them?
[24:31.880 --> 24:37.720]  Well, we need to, can you send me a link to this suit?
[24:40.280 --> 24:50.680]  Because, you know, no expense was prepared, was spared in preparing this suit.
[24:52.280 --> 24:59.880]  So, we should pull this suit down and use it as a benchmark. It'll have all the case law,
[24:59.880 --> 25:05.640]  all of the precedent, everything we need to build this particular argument. And all we have to do
[25:05.640 --> 25:13.480]  is change the names and places. And if we file the same suit that the government files,
[25:15.080 --> 25:21.880]  it will be difficult for a federal judge to rule differently on our suit than he does on the
[25:21.880 --> 25:36.200]  government suit. Well, I'm just really impressed with the turn of event and now taking that supervisory
[25:36.200 --> 25:46.840]  neglect and renaming it the dereliction of supervisory responsibility. Oh my goodness.
[25:46.840 --> 25:53.800]  Is this expecting honest service to go right there and buttress that up as well?
[25:55.320 --> 26:01.640]  Hey, that's okay. Well, while we're on this subject, we're getting close to politics.
[26:02.280 --> 26:10.440]  There is a question that I've had in listening to these debates and these
[26:10.440 --> 26:22.920]  inquiries into impeachment. If I am the President of the United States and I suspect
[26:24.760 --> 26:35.160]  fraud or corruption by some government employees in a foreign country, is it an impeachable
[26:35.160 --> 26:40.920]  offense to ask that country to investigate in to suspected fraud?
[26:43.560 --> 26:51.800]  No. And I'm not exactly a Republican or Democrat. But I'm listening to this and
[26:51.800 --> 27:03.800]  Schiff, the guy heading up to the probe was, was just going on and on that Trump had the audacity
[27:03.800 --> 27:13.800]  to want an investigation of fraud against two Democrats. Am I missing something?
[27:16.280 --> 27:23.320]  Is there some, is the President somehow restricted from asking other governments
[27:24.040 --> 27:29.560]  to examine their records looking for fraud? Is that something that's even improper?
[27:29.560 --> 27:43.640]  No, is the answer because we all have a moral and we all have a duty to undercover any type of
[27:43.640 --> 27:53.000]  illegality. And if we do know of any illegality, we are supposed to report that illegality to
[27:53.000 --> 27:57.160]  the proper authority so that they can proceed and do whatever they need to do.
[27:57.160 --> 28:05.240]  Yeah, 18 U.S. Code 4, Ms. Prison and Felony, I got that. But when I'm listening to this,
[28:06.280 --> 28:15.480]  I have to be missing something. Because for the Democrats to put so much effort into this,
[28:16.520 --> 28:25.880]  there has to be something that substantiates their position. Because I haven't heard the
[28:25.880 --> 28:34.520]  Republicans saying, hey, this is, we're suspecting corruption. We're supposed to be investigating
[28:34.520 --> 28:42.680]  corruption. They're not saying that. They're not addressing that issue of, is this a wrong thing
[28:42.680 --> 28:50.520]  to do in the first place? So I'm wondering why? What have I missed here? Because you want to know
[28:50.520 --> 28:58.840]  what the chatter is on the Internet about that? They want the House to impeach Trump
[28:59.720 --> 29:07.400]  so that it goes to the Senate for a Senate trial where the Senate can ask for witnesses and
[29:07.400 --> 29:14.280]  exculpatory evidence and bust this whole thing wide open and it's televised. That's the chatter.
[29:14.280 --> 29:21.880]  It may be because I was confused by that. I couldn't, I had trouble getting past it.
[29:21.880 --> 29:27.960]  Every time they said that Trump tried to get the Ukrainians to investigate corruption,
[29:29.400 --> 29:37.800]  duh, okay. That's a problem. And they never got that question answered. I am trying to stay out
[29:37.800 --> 29:43.240]  of politics. I have my politics, but I don't like to bring it here. But this is not a political
[29:43.240 --> 29:50.760]  question. This is how they get there. Hang on. We're about to go to our sponsors. Good time
[29:50.760 --> 29:56.840]  to check out our sponsors. They'll help you find the remedy we talk about here. Hang on. We'll be
[29:56.840 --> 30:07.000]  right back. Thousands of Florida motorists convicted of DUI may very well have been driving under
[30:07.000 --> 30:11.640]  the blood alcohol limit. I'm Dr. Catherine Albrecht and I'll be back with a tale of bad
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[30:58.600 --> 31:04.440]  violations. Recently, reporters discovered that the devices were improperly calibrated. State
[31:04.440 --> 31:09.480]  officials knew about it for two and a half years but did nothing. In fact, the head of Florida's
[31:09.480 --> 31:15.720]  breath testing program ordered inspectors not to document the problem. A DUI conviction can ruin
[31:15.720 --> 31:20.760]  somebody's life, but now that the cover up has been exposed, perhaps Florida drivers can breathe
[31:20.760 --> 31:26.360]  a bit easier. I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[31:59.400 --> 32:03.960]  As what you can do. Hey, it's Danny here for Hill Country Home Improvements. Did your home receive
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[32:54.200 --> 32:58.840]  or hillcountryhomeimprovements.com. Discounts are based on full roof replacement. I mean,
[32:58.840 --> 33:09.720]  I actually be kidding about chemtrails. You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:09.720 --> 33:39.320]  Okay, we are back. Randy Kelton, rule of all radio on this Friday, the 22nd day of
[33:39.320 --> 33:47.960]  November 2019. And we're talking to Scott in Texas. Scott, do you have anything else for us?
[33:49.560 --> 33:54.360]  No, all I'm going to say, I'll just leave you with a couple of things that what this is turning
[33:54.360 --> 34:01.800]  into is a big civics lesson. And so a lot of people that didn't know anything about procedure and
[34:01.800 --> 34:08.920]  due process of law, now they're all starting to get a one big huge civics lesson. And I'll leave
[34:08.920 --> 34:19.560]  it there. We are being monitored. Have a good evening. Bye. Okay, thank you, Scott. Okay, now
[34:19.560 --> 34:27.400]  we're going to go to Tina in California. Hello, Tina. What do you have for us today?
[34:27.400 --> 34:39.560]  Oh, well, Randy, all kinds of things. How's it going with the Supreme Court and your
[34:40.840 --> 34:46.760]  bar grievance that you appeal to the Supreme and the Supreme just blew it off and now you're
[34:46.760 --> 34:54.760]  going after the Supreme? How's that going? Well, I've almost got that response finished to put in
[34:54.760 --> 35:02.760]  I've been trying to find the right words to basically accuse them of subverting the course
[35:02.760 --> 35:10.920]  of justice. So I'm looking for the final words to put in to say that courtesy of my friend who
[35:10.920 --> 35:16.760]  has agreed to, she was the one who filed that because you suggested that somebody other than me
[35:16.760 --> 35:24.760]  requested that and she did and she has had no response and she said, if you want to file another
[35:24.760 --> 35:29.560]  response, please do it in my, you know, I'm doing it in her name with her address.
[35:31.640 --> 35:36.680]  But I'm looking for the phone number in so they can't call her. They have to write to her.
[35:36.680 --> 35:46.360]  Oh, good. Everything is hard. So they can't change the wording afterward. You were talking
[35:46.360 --> 35:52.760]  about looking for the right wording. Have you looked into sedition?
[35:54.760 --> 36:03.320]  Oh, no. Look up what sedition is. And while this what we're talking about here is not exactly
[36:03.320 --> 36:11.720]  sedition. It is the kind of behavior that's covered under sedition. Sedition is where you
[36:11.720 --> 36:22.360]  interfere with the enforcement or enactment of a law. Oh, I like that. So you might be able to use
[36:22.360 --> 36:35.480]  the sedition verbiage without actually speaking to sedition. Okay. It's not exactly sedition,
[36:35.480 --> 36:43.400]  but it's moving in that direction. Okay. And for those who don't remember,
[36:43.400 --> 36:53.480]  Tina sent an appeal to the Supreme, to the California Supreme. And in a couple of days,
[36:53.480 --> 36:58.440]  they just blew it off. They just denied it. So generally, when something goes to the Supreme,
[36:58.440 --> 37:04.520]  it goes to a bunch of clerks and the clerks do the legal research for the judges.
[37:05.720 --> 37:09.960]  And then when they get their research done, and then they send it all to the judges
[37:09.960 --> 37:14.760]  with suggestions and samples of how the document should be written,
[37:17.240 --> 37:30.680]  this only took two days. So the question arose, did the judges carefully ensure that they applied
[37:30.680 --> 37:37.400]  the properly applied the law to the facts? Didn't sound like it didn't sound like they had time.
[37:37.400 --> 37:50.680]  So, Tina asked for the names of the clerks that were assigned to this particular appeal.
[37:52.920 --> 37:59.480]  And how many names did you get, Tina? Zero. That would be zero.
[37:59.480 --> 38:07.080]  So that would create the adverse inference that they didn't use any clerks.
[38:09.320 --> 38:15.960]  It would imply that they just blew it off. So, okay. Now, where are we from there? You
[38:15.960 --> 38:21.800]  had someone else file. What did she file? Well, she filed that letter. I wrote the letter out to
[38:21.800 --> 38:27.880]  the Supreme and sent it in her name because you suggested that someone else other than me ask that
[38:27.880 --> 38:36.920]  so that they wouldn't know what she was looking for. Because you said if I filed that request,
[38:36.920 --> 38:42.120]  they would know what I was looking for. But if someone else did, they wouldn't exactly know.
[38:42.120 --> 38:50.760]  So that's why she, well, I sent it with her address and her, you know, everything was in her name.
[38:50.760 --> 38:54.760]  And I'm going to send the follow-up in her name because she didn't receive any response.
[38:54.760 --> 39:03.080]  But just a quite exciting. When I filed my writ of surgery with the U.S. Supreme Court regarding
[39:03.080 --> 39:09.960]  the mailbox rule, which is a 120-year-old outdated rule that gives you no guaranteed service,
[39:09.960 --> 39:16.680]  could I ask the same thing of the U.S. Supreme Court who were the law clerks that, you know,
[39:17.960 --> 39:22.760]  basically the same question that denied me? Well, okay. Let me ask a couple of
[39:22.760 --> 39:33.160]  rhetorical type questions. If there were law clerks used, is it likely that those law clerks
[39:33.160 --> 39:40.600]  would keep records of the time they spent on that? And would the law clerks want to be paid for their
[39:40.600 --> 39:53.560]  time? And would there be records? If the government used officials and they spent official time that
[39:53.560 --> 40:07.880]  they got paid for with tax dollars, all that's public. So if you can't get them to name the
[40:07.880 --> 40:19.320]  clerks, you might have this woman look into the finances. What clerks worked at this time?
[40:20.520 --> 40:25.000]  What documents, what appeals were before the court at this time?
[40:28.600 --> 40:34.200]  And then ask for any reports issued by clerks during this time period.
[40:34.200 --> 40:41.560]  It makes government agencies crazy when you start digging into their records,
[40:41.560 --> 40:47.000]  because they feel like their records are theirs. And who do you think you are?
[40:47.960 --> 40:58.200]  And the one group that thinks of themselves as the best of the best is the Supreme. And here's
[40:58.200 --> 41:06.360]  some chump prosays looking into their financial, personal, private documentation. That's going
[41:06.360 --> 41:16.600]  to make them nuts. Go ahead. I interrupted you, Gina. No, they should. Here was a, you know,
[41:16.600 --> 41:25.720]  a rate of surgery that has a distinct circuit split. It's a 120-year-old rule that says that
[41:25.720 --> 41:34.680]  if somebody, you know, in an attorney group or the law that mails you something by regular mail,
[41:34.680 --> 41:38.600]  you're deemed to have received it. Even if you deny it, you're deemed to have received it.
[41:39.320 --> 41:44.760]  And so you're not guaranteed service of any document that could take your life, liberty,
[41:44.760 --> 41:50.440]  or property because of this 120-year-old rule. But they'll listen to things about
[41:50.440 --> 41:56.840]  that. Somebody not wanting to bake a cake for some gay couple, that's a Supreme Court issue.
[41:57.480 --> 42:03.560]  And, you know, bathrooms, gender bathrooms, that only affects part of the population,
[42:04.120 --> 42:10.120]  you know, and I have nothing against any of this. However, my rate of surgery affected the whole
[42:10.120 --> 42:18.600]  damn population of the U.S., you know, the United States because it was asking for them
[42:18.600 --> 42:24.440]  to review the mailbox rule and make sure that every American is guaranteed the right
[42:24.440 --> 42:29.160]  to service a document. So why didn't they hear that? But they'll hear something on
[42:29.800 --> 42:32.200]  somebody not wanting to bake a cake for a gay couple.
[42:34.360 --> 42:44.120]  What is the difference here? Good question. And what duty does the Supreme Court have?
[42:44.120 --> 42:53.000]  To my mind, they're supposed to protect every American from, you know, lack of due process.
[42:54.040 --> 42:57.320]  They're going to have a specific duty defined in code.
[42:59.400 --> 43:04.360]  Look up what that duty is. Okay.
[43:04.360 --> 43:13.560]  In California and see if you can approach that from a direction that indicates or at least
[43:13.560 --> 43:20.120]  implies that the Supreme failed to perform a duty they were required to perform in the process to
[43:20.120 --> 43:25.000]  not do the full pre-access to or join the right and take that to a grand jury.
[43:26.760 --> 43:29.560]  Well, this is the U.S. Supreme Court that I want to take.
[43:30.520 --> 43:31.800]  Oh, that's even better.
[43:35.800 --> 43:40.920]  Okay. I think they're going to have absolutely immunity. They can take anything they want to.
[43:40.920 --> 43:46.760]  Hang on. We'll be right back. Randy Kelkin, the rule of law radio.
[43:47.480 --> 43:55.080]  I call in number 5126461984. During the break, check out our sponsors. They'll keep this on the
[43:55.080 --> 43:59.160]  air and they'll help you achieve the remedies we talk about. We'll be right back.
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[44:56.040 --> 45:03.080]  at yahoo.com to learn how to stop debt collectors next. Are you the plaintiff or defendant in a
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[46:26.040 --> 46:32.760]  Okay, we are back. Randy Kelton, rule of law radio on this Friday, the 22nd
[46:32.760 --> 46:41.320]  day of November 2019 and we're talking to Tina in California. Okay, that was one thing.
[46:42.040 --> 46:47.400]  What else you have for us, Tina? Just about to file another
[46:47.400 --> 46:57.800]  claim against the attorney, another complaint regarding the fact that this time he promised
[46:57.800 --> 47:05.560]  to send something in writing twice, that note, and he failed to do so. And now I'm fighting for
[47:05.560 --> 47:12.280]  that and I'm also at the same time going to file the criminal affidavit with the Supreme Court,
[47:12.280 --> 47:17.720]  the California Supreme Court, about him coercing those two public officials, which I have to
[47:17.720 --> 47:22.440]  remind you, you were going to write something for the Texas people and I'll email you about that.
[47:23.320 --> 47:28.840]  Yes, email me, remind me. I'm beginning to catch up a little. All my sites have been down
[47:29.800 --> 47:34.600]  and in the last three weeks I've learned a lot more about servers than I wanted to know.
[47:34.600 --> 47:41.880]  But I'm, and a lot more about, you know, working's word process, word press than
[47:41.880 --> 47:47.560]  I care to know, but I'm getting some of the secrets figured out, so I'm bringing them back up.
[47:48.520 --> 47:52.920]  You've been to me by osmosis later because I need it. I'm like a deer in the headlight.
[47:52.920 --> 48:04.840]  But if you're using word press, be real careful about how you add new data to a site
[48:06.200 --> 48:17.240]  because word press uses the index.php file. And if you have, like, I have a HTML site
[48:17.240 --> 48:23.320]  and I added word press to it. Well, the first time I added word press in a subdirectory
[48:23.880 --> 48:29.000]  because I wanted to be able to switch back and forth to the sites. Well, that didn't work
[48:29.960 --> 48:36.200]  because you could not redirect the server to a subdirect domain directory.
[48:37.640 --> 48:43.320]  For word press, it wouldn't, it wouldn't find that subdirectory. So I had to move word press
[48:43.320 --> 48:52.600]  onto the main. And then the one file, if you have a HTML site, word press will ignore all of the
[48:52.600 --> 49:01.640]  files except index.php. What I found out today is anybody who builds websites say no, you know,
[49:01.640 --> 49:09.960]  when you put in a domain name, you go to a website, you go to index.php.
[49:09.960 --> 49:15.400]  Unless there's an index.html, it'll do that first and then it'll go to index.php.
[49:16.600 --> 49:23.080]  Always. That's the root. So if something screws up, index, the site crashes.
[49:24.680 --> 49:31.960]  But when word press rewrites index, so if you're going to put word press on a site
[49:31.960 --> 49:40.920]  where you already have a site, just take the index.php file and name it index.php or index
[49:41.960 --> 49:50.200]  2 or index something php. And then let word press do its thing. If you want to get rid of word
[49:50.200 --> 49:56.200]  press, you just take off, take that index file and rename it and you're back up.
[49:56.200 --> 50:02.840]  It took me a long time and a lot of misery to figure that one out. And if you have a,
[50:02.840 --> 50:07.560]  if you've loaded something up and it damaged the index file that word press puts up,
[50:08.920 --> 50:20.760]  I've got six word press sites and every one of them has exactly the same index.php file.
[50:20.760 --> 50:30.200]  So it doesn't use it like the HTML site does. That's all your main stuff. Word press doesn't
[50:30.200 --> 50:34.760]  use it that way. It's always exactly the same. I went and got one off a first amendment audit,
[50:35.400 --> 50:42.280]  dropped it onto SEC comply and boom, it popped right up. Okay, enough of that, which probably
[50:42.280 --> 50:47.720]  nobody cares about. But I'm bringing my sites back up and I'll have a little more time now.
[50:47.720 --> 50:53.880]  Good. Well, I'm sort of following your directions, trying to get all this ready to
[50:54.840 --> 50:58.920]  hit the attorney with the state bar, the Supreme Court with all these things.
[50:58.920 --> 51:07.640]  But guess what happened today? I got the response from the other side regarding my
[51:07.640 --> 51:16.440]  declaratory judgment. Remember, I got leave the file on amended one. And along comes this package,
[51:16.440 --> 51:24.360]  four-inch thick package and I mean a four-inch thick package. The same old, you know what,
[51:24.360 --> 51:29.240]  that they sent me before. All copies of all the lawsuits this time of, you know,
[51:29.240 --> 51:36.760]  and everything in between. And basically, they're saying CITs to me all must be sustained
[51:36.760 --> 51:41.400]  without leave for men because the entire election is barred by the Dr. and Dr. Judith
[51:41.400 --> 51:47.000]  Monter. We don't need to go through all that because it just keeps saying all these, it's
[51:47.000 --> 51:53.240]  indisputable that they include in the same party, blah, blah, blah, blah, blah. And it's
[51:53.240 --> 51:58.840]  indisputable that the Pride Court's reached the final judgment from the merits, which my former
[51:58.840 --> 52:04.200]  attorney disputed very well, I thought, in writing. So I'm going to have to bring that up.
[52:04.200 --> 52:12.200]  And it also says that the first cause of action dealt with the facts to constitute a valid cause
[52:12.200 --> 52:19.480]  of action and that I have no standing to bring this. Now, this is...
[52:20.760 --> 52:25.720]  Wait, stop, stop. Are you saying that they made this argument?
[52:25.720 --> 52:36.200]  Yeah. So you filed a petition for their declaratory judgment and the defendant
[52:36.200 --> 52:42.760]  responded with a Rule 12B6 motion to dismiss for failure to stay to claim?
[52:43.880 --> 52:52.840]  No, no. They just... The first response was it's all God by residue to clutter and that I do not
[52:52.840 --> 53:00.200]  have. It doesn't say Rule 12B motion, actually. Well, it doesn't have to. Any motion to dismiss
[53:00.200 --> 53:10.360]  for failure to stay to claim? That's authorized by 12B6. So did they allege failure to stay to claim?
[53:12.280 --> 53:18.760]  I don't remember on the first part. On the second one, they're saying besides the residue to clutter,
[53:18.760 --> 53:28.040]  this is what they say, it's Colbrook's first cause of action fails to state facts to constitute
[53:28.040 --> 53:37.000]  a valid cause of action. Got them. That should get a bar grievance.
[53:38.840 --> 53:47.000]  That's a frivolous pleading and it indicates absolute ignorance on the part of learned counsel.
[53:47.000 --> 53:50.680]  It is an improper filing. You should ask for sanctions.
[53:53.320 --> 53:56.520]  Okay. Well, I'm not going to get him, but I'd love to ask for them. So I'll have to ask you
[53:56.520 --> 54:03.880]  on that. This is in her FAC. Colbrook relies on civil courts, section 2941, and sites they
[54:03.880 --> 54:08.360]  follow within 30 calendar days after the obligation is secured, whether the trust has
[54:08.360 --> 54:13.240]  been satisfied, the beneficiary or the assignee. He doesn't say that. It says the mortgage or,
[54:13.240 --> 54:20.840]  you idiot. Excuse my friend. Okay. That should get a failure to speak with Tander to the court.
[54:22.120 --> 54:33.720]  That is a substantive misstatement of law. Okay. It says there's something about a beneficiary
[54:33.720 --> 54:41.000]  in there, but it specifically says the mortgage or there is or a fine can request
[54:41.000 --> 54:46.520]  the original note once it's been fully satisfied. And it doesn't say the Queen of England,
[54:46.520 --> 54:52.200]  the Queen of Sheba, the King of Siam satisfies it or Randy Kelson from his dear friend satisfies it.
[54:52.200 --> 54:59.560]  It just says fully satisfied. So fully satisfied. They admitted it was fully satisfied,
[55:00.120 --> 55:06.120]  but and they told me twice in writing that they would bring me that original note. So if
[55:06.120 --> 55:14.680]  they've said that, what do I go after? If he's now saying that I do not trust Randy after he's
[55:14.680 --> 55:21.640]  specifically stated in writing that I would be sent the original note once these things are,
[55:22.200 --> 55:33.080]  the case is closed. You should ask for promissory estoppel against any opposition to sending you
[55:33.080 --> 55:43.960]  the note. Okay. That goes to promissory estoppel. In the suit, they made the promise.
[55:45.000 --> 55:53.960]  You accepted the promise on good faith and cease to argue that particular issue based on the promise
[55:53.960 --> 56:04.600]  that creates promissory estoppel. Okay. Good. So look up promissory estoppel.
[56:05.800 --> 56:11.480]  Okay. Well, I've got something on that where it says if some promise in writing is made,
[56:11.480 --> 56:18.200]  you know, they cannot then go, we, you know, challenge that in litigation. But it says here,
[56:18.200 --> 56:23.880]  it is indisputable that the Civil Code Section 2941 does not apply to the loan with subject to a
[56:23.880 --> 56:32.280]  foreclosure sale. But he should, if he claims that it was not applied to me, he should have known
[56:32.280 --> 56:37.000]  when he made those two written promises to send me the original note because he's not too many,
[56:37.000 --> 56:42.040]  right? So he should know the law and he shouldn't have made those promises knowing that this
[56:42.040 --> 56:50.360]  supposedly does not apply to me, right? Right. And whether it applies or not is irrelevant.
[56:52.120 --> 57:02.840]  He made a promise and you relied on the promise and ceased to litigate an issue based on the promise.
[57:02.840 --> 57:11.880]  Therefore, he's stopped. Now he's subject to promissory estoppel. If he made a promise,
[57:12.840 --> 57:19.320]  if he promised that if you will stop litigating this issue, I will part my hair on the left.
[57:21.560 --> 57:29.720]  Well, make any difference. But he promised to satisfy the issue outside of court
[57:29.720 --> 57:35.960]  and you stopped seeking the issue based on this promise. Now he's stopped. Yes.
[57:38.520 --> 57:43.800]  Okay. So it doesn't make any difference whether you have a right to it or not. That's irrelevant.
[57:45.480 --> 57:50.680]  Can I put that in there that it is irrelevant with our hair? He claims now that I have a right
[57:50.680 --> 57:57.480]  to it or not. He promised to send it so he's barred by promissory estoppel to bring this litigation.
[57:57.480 --> 58:05.560]  Exactly. Makes no difference. He's not barred from bringing promissory estoppel from bringing
[58:05.560 --> 58:13.800]  the argument, but the argument is frivolous. Okay. It's irrelevant. He made the promise
[58:14.840 --> 58:20.520]  and you ceased to litigate an issue based on the promise. Now he's subject to promissory estoppel.
[58:20.520 --> 58:30.280]  Hang on. Back to go to our sponsors. A call in number 5126461984. Tim, Larry, James. I see
[58:30.280 --> 58:36.120]  there. Actually, I gave out the call in number. We have a full cardboard. So wait till someone
[58:36.120 --> 58:43.160]  drops off before you try to call in because we can only hold four at a time. Hang on. We'll be right back.
[58:43.160 --> 58:54.040]  Would you like to make more definite progress in your walk with God?
[58:54.040 --> 59:00.120]  Bibles for America is offering a free study Bible and a set of free Christian books that can really
[59:00.120 --> 59:05.320]  help. The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.320 --> 59:10.840]  today. It's an accurate translation and it contains thousands of footnotes that will help you to know
[59:10.840 --> 59:17.000]  God and to know the meaning of life. The free books are a three volume set called basic elements of
[59:17.000 --> 59:22.280]  the Christian life. Chapter by chapter, basic elements of the Christian life clearly presents
[59:22.280 --> 59:28.840]  God's plan of salvation, growing in Christ and how to build up the church. To order your free
[59:28.840 --> 59:35.400]  New Testament recovery version and basic elements of the Christian life, call Bibles for America
[59:35.400 --> 59:49.000]  toll free at 888-551-0102 or visit us online at bfa.org.
[01:00:06.200 --> 01:00:12.840]  Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce,
[01:00:12.840 --> 01:00:20.680]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel,
[01:00:20.680 --> 01:00:29.000]  Brent crude $62.47 a barrel, and cryptos in order of market cap, bitcoin core $10,566.52,
[01:00:29.000 --> 01:00:41.320]  ethereum $227.26, XRP Ripple $0.33, litecoin $100.31 and bitcoin cash is at $324.10 a crypto coin.
[01:00:45.800 --> 01:00:52.280]  Today in history the year 1916 the preparedness day bombing a time suitcase bomb was detonated
[01:00:52.280 --> 01:00:58.120]  on Market Street in San Francisco during the World War I preparedness day parade killing 10 and
[01:00:58.120 --> 01:01:07.320]  entering 40 today in history. In recent news since Governor Greg Abbott signed House Bill
[01:01:07.320 --> 01:01:13.000]  1325 legalizing hemp into Texas law back in June county prosecutors around the state including
[01:01:13.000 --> 01:01:17.640]  Houston, Austin, San Antonio have been dropping marijuana possession charges and even refusing
[01:01:17.640 --> 01:01:22.200]  to file new ones since they are stipulating that they do not have the time or the laboratory
[01:01:22.200 --> 01:01:27.400]  equipment to test the earth for THC. Margaret Moore the Travis County District Attorney announced
[01:01:27.400 --> 01:01:32.360]  earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:01:32.360 --> 01:01:37.000]  because of the law. Mr. Abbott and other state officials including the attorney general stipulated
[01:01:37.000 --> 01:01:41.320]  in a letter that county district attorneys back on Thursday that marijuana has not been
[01:01:41.320 --> 01:01:47.160]  decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325
[01:01:47.160 --> 01:01:54.520]  works as well as other cities too like the district attorney in El Paso, Caima Esparza a Democrat who
[01:01:54.520 --> 01:01:59.640]  also stated earlier this month that the law quote will not have an effect on the prosecution of
[01:01:59.640 --> 01:02:05.000]  marijuana cases in El Paso. However the issue was succinctly summarized by Mr. Brandon Ball
[01:02:05.000 --> 01:02:10.120]  an assistant public defender in Harris County who stated that quote the law is constantly changing
[01:02:10.120 --> 01:02:14.600]  on what makes something illegal based on its chemical makeup it's important that if someone is
[01:02:14.600 --> 01:02:24.040]  charged with something the test matches what they're charged with. A paper by Tulane University
[01:02:24.040 --> 01:02:28.760]  identified a five and a half inch American pocket shark as the first of its kind in the
[01:02:28.760 --> 01:02:34.600]  Gulf of Mexico the specimen being only the second pocket shark ever captured or recorded
[01:02:34.600 --> 01:02:39.560]  with the other one being found way back in 1979 in the East Pacific Ocean. According to the
[01:02:39.560 --> 01:02:45.720]  university paper the shark secretes a luminous fluid from a gland near its front fins for the
[01:02:45.720 --> 01:02:55.000]  purposes hypothesized to lure and prey who may be drawn into the glow. This is Wolf Rody with a lowdown
[01:02:55.000 --> 01:03:24.280]  to July 22nd 2019.
[01:03:24.280 --> 01:03:30.280]  Okay we are back we're Andy Kelton real of our radio and we're talking to Tina in California.
[01:03:30.280 --> 01:03:40.520]  Okay Tina we went out on promissory of Stoppel. Stoppel yes and I think I've got some California
[01:03:40.520 --> 01:03:47.080]  law on that which I will put in there and I'll do a draft up and then we'll see what happens
[01:03:47.720 --> 01:03:53.880]  and before the hearing which is genuinely going to come back on the show and ask for some guidance
[01:03:53.880 --> 01:03:59.480]  then. I have one quick question that's not related to this case but I have to file an answer
[01:04:00.040 --> 01:04:07.240]  on Monday so I wanted to ask you if someone in regards to an anniversary proceeding that I
[01:04:07.240 --> 01:04:12.840]  filed into one's bankruptcy who's trying to decode me and a whole bunch of others and it's complete
[01:04:12.840 --> 01:04:22.440]  not a flaw and I was the only one and this is based on your teaching that I was the only person
[01:04:22.440 --> 01:04:29.400]  in this whole group of like 50 people who figured out how to put together an anniversary proceeding
[01:04:29.400 --> 01:04:34.840]  in two hours and get it filed by someone who I know who has it from the files.
[01:04:36.600 --> 01:04:42.040]  So I am sort of kind of protected I may have protected everyone else that the judge
[01:04:42.040 --> 01:04:47.960]  here at the 727 but the question it was final again so thank you by the way.
[01:04:47.960 --> 01:04:53.960]  Thank you for giving me this education. I plagiarized the hell out of it by the way.
[01:04:56.600 --> 01:05:04.840]  If a person responds to this and sends their answer to me but does not file that answer with
[01:05:04.840 --> 01:05:13.960]  the court is it technically filed an answer? They have not filed it. No the only thing that
[01:05:13.960 --> 01:05:23.800]  that can be sent to you and not to the court is discovery. If they sent you a copy that was
[01:05:23.800 --> 01:05:31.720]  a courtesy copy if they did not file it with the court it's not filed. Okay so I can now
[01:05:32.440 --> 01:05:40.920]  at least try to get a default judgment against this party. Yes absolutely you actually have
[01:05:40.920 --> 01:05:50.840]  a right to default and generally the clerk can sign the default. Okay.
[01:05:52.040 --> 01:05:57.960]  File the default quickly before I file there's a status conference that we have to supposedly
[01:05:57.960 --> 01:06:08.600]  jointly have to file and you know she refuses to answer the phone and she refuses to answer the email
[01:06:08.600 --> 01:06:16.040]  to meet with me to file this joint status report. That's okay all you do is notice the court that
[01:06:16.040 --> 01:06:24.040]  you've called that you've taken these actions at this day this time in an attempt to have this
[01:06:24.040 --> 01:06:34.360]  conference and the other party was not receptive and you're covered but if there is no response if
[01:06:34.360 --> 01:06:43.320]  they've defaulted move quickly because now you have a right to default judgment. If they file
[01:06:43.320 --> 01:06:49.480]  their answer late and they file it with the court but they file it late then you no longer have a
[01:06:49.480 --> 01:06:57.880]  right to default you may be able to get summary judgment but summary judgment is somewhat more
[01:06:57.880 --> 01:07:05.480]  difficult. With default the clerk can sign that because it's just a matter of the numbers.
[01:07:07.640 --> 01:07:13.160]  You file your document this day with their court they can look and see this time stamp
[01:07:13.720 --> 01:07:21.000]  they've got x number of days to respond you look in the clerk record they see no response within
[01:07:21.000 --> 01:07:30.360]  this time the clerk signs the default. If they get one file even if it's late then you can't
[01:07:30.360 --> 01:07:39.320]  do the default. Okay so as of when we met with the head trustee not the trustee in this
[01:07:39.320 --> 01:07:47.480]  bankruptcy case but above him on Tuesday he could not find her answer filed in the court
[01:07:47.480 --> 01:07:52.680]  the judge's law clerk the next day could not file the answer find the answer filed in the court.
[01:07:53.480 --> 01:07:59.880]  So can I file a very very simple request for default is it the same in the court as in the
[01:07:59.880 --> 01:08:05.560]  bankruptcy? Yes default is very simple I've filed the adversary proceeding on this day
[01:08:07.160 --> 01:08:11.320]  it is x number of days there is no answer in the court yes for default.
[01:08:11.320 --> 01:08:20.200]  Okay okay because if I get the default then it doesn't stop
[01:08:21.000 --> 01:08:26.440]  from having this bankruptcy and everybody's claim is then protected correct.
[01:08:28.280 --> 01:08:33.880]  Did you make claims for everyone? No I only made claims for me but according to one of
[01:08:33.880 --> 01:08:43.240]  the trustees the head trustee he said because I filed a 727 and a 523 if the judge
[01:08:43.240 --> 01:08:50.920]  grants the 727 request and clause then everyone's protected if she only does the 523 then you're
[01:08:50.920 --> 01:09:02.120]  not protected. Okay then you can if this goes to a matter of fraud and the opposing side
[01:09:02.120 --> 01:09:09.400]  defaults on the fraud they admit to the fraud and that would protect everybody because fraud is not
[01:09:09.400 --> 01:09:18.840]  covered in bankruptcy and if he failed to respond then he stipulated to the fraud and he is subject
[01:09:18.840 --> 01:09:25.640]  to collateral estoppel from arguing against the fraud henceforth so it becomes a fact as a matter
[01:09:25.640 --> 01:09:34.520]  of law. Okay so I need to get this default written this weekend however simple it is
[01:09:34.520 --> 01:09:42.360]  and then get it to the courts on Monday before I file my answer with the status conference
[01:09:42.360 --> 01:09:47.800]  which I have to do 10 days before and I don't fully understand all the questions in it so I'm
[01:09:47.800 --> 01:09:52.360]  just going to have to do my best because they're a little bit complex with questions.
[01:09:52.360 --> 01:09:59.400]  Okay generally when questions are complex you can ask for clarification
[01:10:01.240 --> 01:10:08.360]  but here if you get default then everything else becomes moot. Okay then I'll get it written
[01:10:08.360 --> 01:10:13.720]  on this weekend and filed on Monday and hope that she hasn't filed an answer by then.
[01:10:13.720 --> 01:10:22.760]  Okay good good good luck. I have a question for later if there's room at the end of the show
[01:10:22.760 --> 01:10:28.040]  when nobody else is on I'm asking a question for someone else who desperately needs help
[01:10:28.040 --> 01:10:34.760]  but I will wait to see if there's time at the end because. Okay don't hang on the phone drop
[01:10:34.760 --> 01:10:39.240]  off so someone else have room to call. Yes I'm definitely going to get off the phone yeah.
[01:10:39.240 --> 01:10:47.160]  Yeah. Okay thank you Tina. Okay buddy. Now we're going to go to Tim in Texas hello Tim.
[01:10:47.720 --> 01:10:55.000]  Hello sir how are you? I am good what do you have for us today? You asked a question about
[01:10:56.200 --> 01:11:01.960]  the impeachment and what they were going to do with it earlier in the show why they were.
[01:11:01.960 --> 01:11:13.400]  I was concerned with how is asking a foreign government to investigate potential fraud by
[01:11:14.600 --> 01:11:23.720]  a public an American public official is wrongful. Yeah how is that an impeachable offense?
[01:11:23.720 --> 01:11:34.440]  Well Judge Napolitano did a 30-minute interview somebody interviewed him today and I'll send
[01:11:34.440 --> 01:11:40.920]  that to you when I can find it that he covered a whole lot of stuff and the longer I listened to
[01:11:40.920 --> 01:11:47.640]  it tomorrow realized he didn't have an extra grind he was just telling you what the law said and the
[01:11:47.640 --> 01:11:52.920]  intent of the law and all of that but he's saying there are several I think three or four impeachable
[01:11:52.920 --> 01:11:58.680]  items that he could already be impeached on but impeachment just goes to the Senate afterwards
[01:11:58.680 --> 01:12:05.960]  but one of the things that you wouldn't think that Giuliani and Trump would make as a mistake he said
[01:12:05.960 --> 01:12:11.480]  that during impeachment there is no attorney client privilege.
[01:12:11.480 --> 01:12:21.320]  So Giuliani denied the subpoena or ignored the subpoena
[01:12:22.760 --> 01:12:31.960]  on those grounds so that's kind of unusual. Well but that is also a very good time to test
[01:12:31.960 --> 01:12:39.720]  standing law. Yeah did opposing side come back and argue the issue move that to the
[01:12:39.720 --> 01:12:47.560]  supreme and has the supreme rule on it? I don't know. Yeah so in law just for future
[01:12:48.520 --> 01:12:55.320]  just because something has been ruled does not mean it is carved in stone
[01:12:56.520 --> 01:13:05.400]  and it is not considered frivolous to ask for a reconsideration of standing law
[01:13:05.400 --> 01:13:14.200]  so long as you bring a reasonable argument. Well he brought up he's talked about that he said
[01:13:14.920 --> 01:13:19.480]  that you know talk about James Madison and he said there were three different
[01:13:19.480 --> 01:13:27.560]  Madison's if you read the Constitution but he was talking about that it's supposed to be the
[01:13:27.560 --> 01:13:33.880]  humanity and he says and we've gone from that to where everything is written law and when you do
[01:13:33.880 --> 01:13:40.360]  that then you lose face with everything that it's supposed to be because it's not supposed to be just
[01:13:40.360 --> 01:13:46.760]  you can pull out a law defend something or go after something so anyway like I said
[01:13:48.600 --> 01:13:53.880]  it was a little bit over my head but I did recognize those things. One of the things that
[01:13:55.000 --> 01:13:59.000]  I heard earlier in the show talking about derelict supervisory position
[01:13:59.000 --> 01:14:08.200]  and that's interested me because it would seem that one of the things that happened
[01:14:08.200 --> 01:14:14.200]  to me during the case against me was that the lead attorney for the city
[01:14:16.440 --> 01:14:23.400]  ordered code enforcement to cite me on a vehicle that was already registered
[01:14:23.400 --> 01:14:32.120]  so it had antique register plates. I was wondering if that would fall under something like that.
[01:14:33.480 --> 01:14:43.240]  I don't think so because technically the city attorney was not a supervisor of the official.
[01:14:43.240 --> 01:14:53.480]  Okay now when during that and I would try to call and talk to the this is around the same time when
[01:14:53.480 --> 01:14:59.320]  I would try and call and talk to the code enforcement he says we have been ordered
[01:14:59.320 --> 01:15:05.480]  by the attorneys not to talk to you while litigation is going on.
[01:15:05.480 --> 01:15:15.720]  So that is an interesting question. Does the attorney at this point become supervisory?
[01:15:16.840 --> 01:15:24.280]  I would think so. It would sound so. Yeah. Now technically he is not in the
[01:15:25.000 --> 01:15:30.600]  individual's chain of command but functionally he is following the
[01:15:30.600 --> 01:15:44.200]  dictates of the lawyer and not his supervisory personnel so it appears as though the attorney
[01:15:44.200 --> 01:15:51.880]  has stepped into a supervisory position so the real question to ask would be did the attorney
[01:15:51.880 --> 01:16:01.320]  tell you this directly or did your supervisor tell you this with an explanation that they
[01:16:01.320 --> 01:16:09.160]  got that from their lawyer. Okay so in other words did his city administrator lie to him
[01:16:10.440 --> 01:16:16.520]  or did the city administrator tell him the truth that the lawyers told me not to
[01:16:16.520 --> 01:16:24.520]  uh they told me to tell you not to do this thing but it comes through their supervision
[01:16:25.160 --> 01:16:29.400]  through their supervisor and not through the lawyer it's only indirectly from the lawyer.
[01:16:29.960 --> 01:16:36.680]  Well apparently because of well I don't know if this is true or not but I was thinking.
[01:16:36.680 --> 01:16:43.800]  Wait wait before we go there we're about to go to our sponsors our this is Randy Kelton
[01:16:43.800 --> 01:16:47.960]  wheel of law radio our calling I'm not going to give out the calling number I've got a full
[01:16:47.960 --> 01:16:54.440]  board of callers I will give it out when the next caller drops off hang on we'll be right back.
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[01:18:58.920 --> 01:19:10.360]  holidays logos this is the logos logo radio
[01:19:22.520 --> 01:19:26.040]  okay we are back brandy kelton rule of law radio
[01:19:26.040 --> 01:19:33.480]  on this the 22nd day of november this friday the 22nd day of november 2019
[01:19:34.280 --> 01:19:40.440]  and we're talking to Tim in texas and we're talking about what constitutes supervision
[01:19:42.680 --> 01:19:51.080]  I would say that if the code enforcement officer was directed by his supervisor
[01:19:51.080 --> 01:20:00.520]  whether or not the lawyers instructed the supervisor is irrelevant so far as
[01:20:01.160 --> 01:20:06.520]  the code enforcement agent is concerned okay because he's following directions from his
[01:20:06.520 --> 01:20:13.320]  supervisor well here's what he said in this statement on the paper citation he said the
[01:20:13.320 --> 01:20:24.360]  attorney's name so then he's indicating that the attorney told him personally right and he took it
[01:20:24.360 --> 01:20:39.400]  as supervisory since the vehicle was not in violation at the time right and had the vehicle
[01:20:39.400 --> 01:20:49.720]  been moved yeah so it had been moved it had been registered so the code enforcement officer had
[01:20:49.720 --> 01:20:56.760]  reasonable probable cause to believe that the vehicle had been brought into compliance so
[01:20:57.640 --> 01:21:08.120]  when the lawyer talked to the code enforcement agent and spoke about filing a criminal accusation
[01:21:08.120 --> 01:21:16.200]  against you that was a criminal conspiracy to commit official oppression okay the way I read
[01:21:16.200 --> 01:21:22.760]  the code all right yeah that sounds I'm just going over these different things um reading
[01:21:22.760 --> 01:21:31.960]  jurisdictionary um which ones would match up properly abuse of power but when I heard to
[01:21:31.960 --> 01:21:36.200]  I mean let's just prosecution which I don't I'm not sure that we would meet all that and
[01:21:36.200 --> 01:21:44.120]  then fraud there's another kind of fraud I can't remember what um anyway but the derelict of
[01:21:44.120 --> 01:21:49.640]  supervisory position and then that's something right there it just sounds to me like it just
[01:21:50.440 --> 01:21:59.160]  it just fit in place when Scott said it tonight I went hey that sounds right well it sounds right
[01:21:59.160 --> 01:22:08.680]  if the supervisor had given the notice among themselves then then it was the supervisor's
[01:22:08.680 --> 01:22:18.680]  responsibility to be sure that the advice of the lawyer was legal yeah well just because the lawyer
[01:22:18.680 --> 01:22:26.520]  tells you to do something that's illegal doesn't mean you're protected the lawyer just gives you
[01:22:26.520 --> 01:22:34.760]  advice you determine whether to act or not yeah and you're responsible for the consequences so
[01:22:36.680 --> 01:22:43.560]  if the lawyer told him personally then the lawyer something just said you know
[01:22:45.080 --> 01:22:50.280]  that's what it sounds like and that's all you need well what a conspiracy conspiracy is one of
[01:22:50.280 --> 01:22:57.000]  those things you don't have to prove you can establish by implication because conspiracy by
[01:22:57.000 --> 01:23:06.440]  its nature is something that conspirators attempt too hard yeah well I'm not going to take up any
[01:23:06.440 --> 01:23:12.520]  more of your time tonight because you got James and Larry on there and probably someone else by now
[01:23:12.520 --> 01:23:20.120]  oh I got Ted from Washington I definitely want to bring him on okay all right we'll have a good evening
[01:23:20.120 --> 01:23:29.400]  thank you all right now we're going to go to oh Ted just dropped off okay we're going to go to Larry
[01:23:29.400 --> 01:23:37.160]  in Arizona hello Larry what do you have for us today well Mandy when I was talking to you last week
[01:23:37.160 --> 01:23:45.640]  I thought my property tax issue you had told me that I needed to tell the assessor to take me
[01:23:45.640 --> 01:23:55.880]  off a one tax roll and put it on the other public to privates okay and in Arizona instead of public
[01:23:55.880 --> 01:24:03.160]  and private we have unsecured and secured tax rolls what does unsecured and secured mean in
[01:24:03.160 --> 01:24:11.560]  Arizona law well I doesn't know I really couldn't find a definition real property goes on the secured
[01:24:11.560 --> 01:24:22.040]  tax roll and and personal property goes on the unsecured tax roll okay your your land is real
[01:24:22.040 --> 01:24:36.200]  property by definition yeah so you need to look at need someone who's steeped in Arizona
[01:24:36.200 --> 01:24:53.000]  land law how did Arizona disperse land amongst its citizens in Texas back up a little bit then
[01:24:53.000 --> 01:25:01.080]  I have a land patent on this property so my property was granted before Arizona became a state
[01:25:01.080 --> 01:25:13.320]  so how does Arizona get statutory authority to assess a claim against private property
[01:25:16.600 --> 01:25:19.720]  that's a very good question that's one of the things I was going to ask you tonight
[01:25:21.640 --> 01:25:30.120]  what constitutes private property because in the Arizona Constitution it very clearly says
[01:25:30.120 --> 01:25:33.880]  private property cannot be taken without compensation
[01:25:37.880 --> 01:25:51.240]  so that would indicate that the tax assessor collector cannot make a claim against your property
[01:25:51.240 --> 01:26:00.840]  your private property against private property now now my property has the commercial classification
[01:26:00.840 --> 01:26:09.640]  of residential you don't care about that you didn't do that that's not you're right I didn't do that
[01:26:09.640 --> 01:26:16.440]  yeah that's that's just an adjective or a pronoun that could define you know anybody can make
[01:26:16.440 --> 01:26:21.480]  up words to define to describe things and you don't care about that don't have anything to do with you
[01:26:21.480 --> 01:26:32.520]  what does have to do with you is private property the legal definition as it applies to real property
[01:26:35.080 --> 01:26:42.600]  does real property for which there is a land patent and no title
[01:26:42.600 --> 01:26:53.560]  will remain real property or is it private property or is it both and if it is both
[01:26:54.360 --> 01:26:57.880]  which definition takes precedent
[01:27:02.760 --> 01:27:08.840]  what I mean by that is if I have real property here and the tax assessor collector clicks
[01:27:08.840 --> 01:27:14.440]  taxis on real property but my property is also private property
[01:27:16.040 --> 01:27:19.800]  and there's a prohibition against collecting taxis on private property
[01:27:22.200 --> 01:27:33.800]  so first is property real property in Arizona for which the holder has a land patent and no title
[01:27:33.800 --> 01:27:37.080]  is that private property
[01:27:40.680 --> 01:27:45.160]  okay now to do some research now you're throwing me off a little bit here what do you mean if I
[01:27:45.160 --> 01:27:51.480]  have no title if I have a land patent okay here's how they got the titles
[01:27:53.080 --> 01:27:59.560]  the then that's why I asked that first question how Arizona distributed to properties
[01:27:59.560 --> 01:28:07.480]  they distributed properties to people with land patents or they granted patents to certain people
[01:28:07.480 --> 01:28:15.640]  for their services or whatever but they had property left and they sold that to citizens
[01:28:15.640 --> 01:28:22.920]  but most times citizens didn't have money pay for it so they gave them a loan and held the land
[01:28:22.920 --> 01:28:32.120]  as collateral and the evidence of the collateral is you got it the title
[01:28:34.680 --> 01:28:40.920]  the title is evidence of a claim against the property it's a lien
[01:28:43.400 --> 01:28:49.160]  so when the land was paid for they could remove the lien but most people didn't
[01:28:49.160 --> 01:28:53.800]  I think they forgot about it they weren't told about it
[01:28:54.840 --> 01:29:01.640]  the guys with massive amounts of property they knew about it but as it normally occurs the guy out
[01:29:01.640 --> 01:29:07.400]  there walking behind mule turning dirt he didn't know about all that nobody told him
[01:29:08.120 --> 01:29:15.320]  so they could just keep taxing him until the process of how it got there faded into the past
[01:29:15.320 --> 01:29:23.320]  and now we've got guys digging that up so if you have a title on your property
[01:29:24.440 --> 01:29:30.680]  a warranty deed remove it you can remove it from the county records
[01:29:32.120 --> 01:29:37.480]  now that will make it so you can't get a loan against it but if you're not interested in selling
[01:29:37.480 --> 01:29:46.040]  the property you don't care so now you got it out of the county records now they should not be able
[01:29:46.040 --> 01:29:53.640]  to tax it but that's specific information you'd have to look up in arizona law but that's the
[01:29:53.640 --> 01:30:05.560]  direction to go hang on we'll be right back since 9 11 our government has used invasive
[01:30:05.560 --> 01:30:10.520]  measures like warrantless phone taps to keep us safe from terrorists but too much government
[01:30:10.520 --> 01:30:14.920]  surveillance could actually put us at greater risk i'm dr kathryn albrecht and i'll be back
[01:30:14.920 --> 01:30:21.480]  with the unsettling truth in just a moment privacy is under attack when you give up data about
[01:30:21.480 --> 01:30:26.840]  yourself you'll never get it back again and once your privacy is gone you'll find your freedoms
[01:30:26.840 --> 01:30:32.680]  will start to vanish too so protect your rights say no to surveillance and keep your information
[01:30:32.680 --> 01:30:38.360]  to yourself privacy it's worth hanging on to this public service announcement is brought to you by
[01:30:38.360 --> 01:30:44.760]  start page dot com the private search engine alternative to google yahoo and bing start over
[01:30:44.760 --> 01:30:51.400]  with start page our greatest threat isn't terrorists it's government according to political science
[01:30:51.400 --> 01:30:56.920]  professor rj rummel 20th century governments murdered nearly 300 million of their own citizens
[01:30:56.920 --> 01:31:01.880]  six times more than all the centuries war is combined and governments that kill have one thing
[01:31:01.880 --> 01:31:07.000]  in common too much power surveillance is government power and historically governments have used
[01:31:07.000 --> 01:31:11.480]  surveillance to protect themselves rather than citizens if you think such abuse couldn't happen
[01:31:11.480 --> 01:31:16.360]  in the u.s. just look back to watergate join me in opposing the patriot act and let's return
[01:31:16.360 --> 01:31:20.840]  to the best protection of federal government with limited powers in accordance with the u.s.
[01:31:20.840 --> 01:31:31.640]  constitution dr kathryn albrecht more news and information at kathryn albrecht dot com this is building
[01:31:31.640 --> 01:31:37.000]  seven a 47 story skyscraper that fell on the afternoon of september 11 the government says
[01:31:37.000 --> 01:31:42.760]  that fire brought it down however 1500 architects and engineers have concluded it was a controlled
[01:31:42.760 --> 01:31:47.480]  demolition over 6 000 my fellow service members have given their lives of thousands of my fellow
[01:31:47.480 --> 01:31:51.720]  force respond this is fine i'm not a conspiracy theorist i'm a structural engineer i'm a new york
[01:31:51.720 --> 01:31:56.840]  city correctional i'm an air force pilot i'm a father who lost his son we're americans and we
[01:31:56.840 --> 01:32:04.280]  deserve the truth go to rememberbuilding7.org today rule of law radio is proud to offer the rule
[01:32:04.280 --> 01:32:08.600]  of law traffic seminar in today's america we live in an us against them society if we the people
[01:32:08.600 --> 01:32:13.080]  are ever going to have a free society then we're going to have to stand and defend our own rights
[01:32:13.080 --> 01:32:16.760]  among those rights are the right to travel freely from place to place the right to act in our own
[01:32:16.760 --> 01:32:21.320]  private capacity and most importantly the right to due process of law traffic courts afford us the
[01:32:21.320 --> 01:32:25.880]  least expensive opportunity to learn how to enforce and preserve our rights through due process
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[01:32:58.920 --> 01:33:08.040]  looking for some truth you found it logos radio network dot com
[01:33:08.040 --> 01:33:29.400]  okay we are back
[01:33:29.400 --> 01:33:40.200]  rule of law radio and we're talking to larry in arizona okay larry do you have anything else
[01:33:40.200 --> 01:33:49.000]  for it or does that kind of answer your questions yes okay how what kind of authority or standing
[01:33:49.000 --> 01:33:58.920]  do i have to request somebody remove this warranty deed it's your property or or okay it's your it
[01:33:58.920 --> 01:34:07.480]  you own the property order's office wait say that again who am i who would i make this request you
[01:34:07.480 --> 01:34:13.000]  to remove the warranty deed would that be the county office yeah the county assessor's all
[01:34:13.000 --> 01:34:21.640]  whoever maintains the property records it could be the county clerk or they could have a county
[01:34:21.640 --> 01:34:31.880]  assessor collector who does it but generally it's the county clerk okay and you just and i mean
[01:34:31.880 --> 01:34:36.120]  give me a little verbiage here i want my warranty deed remove from the records
[01:34:36.120 --> 01:34:43.080]  yes see you are the owner of the property you give them a copy of your land patent
[01:34:44.280 --> 01:34:52.040]  you're the uncontested owner of the property for which there are no claims against the property
[01:34:52.040 --> 01:34:58.920]  and you want the property removed from the county tax assessor collector records
[01:34:58.920 --> 01:35:08.040]  wow okay okay and they will start doing this jumping up and down and waving their arms
[01:35:08.040 --> 01:35:16.600]  and warning you about all the the possible consequences and you listen patiently and
[01:35:16.600 --> 01:35:23.080]  then say remove it from the from the records good chance they will refuse and you may have to
[01:35:23.080 --> 01:35:31.320]  call the bailiff and ask him to arrest him first and he's not going to do that of course but
[01:35:32.280 --> 01:35:40.120]  now you have waved waved that sword to doma cleaves over them now you take it to the court
[01:35:40.120 --> 01:35:50.360]  and petition the court for rid of mandamus but you have to find the code that authorizes the
[01:35:50.360 --> 01:36:01.960]  clerk to put records in the county assessor collector records i mean the the registrar
[01:36:01.960 --> 01:36:06.200]  of deeds is the words i was looking for whoever the registrar of deeds is you have to find the
[01:36:06.200 --> 01:36:16.440]  law that authorizes the registrar of deeds to place documents in the record and that'll tell
[01:36:16.440 --> 01:36:23.320]  you what kind of documents they can place in there and what authority must be had in order to put them
[01:36:23.320 --> 01:36:32.920]  in there and if you can't find the law that says exactly what you want then do a search on the code
[01:36:32.920 --> 01:36:42.600]  that authorizes it and ask you look for case law and just run a search on that statute and put
[01:36:42.600 --> 01:36:50.840]  case law behind it or brief or treat us behind that statute and you should get some good case law
[01:36:51.720 --> 01:37:00.680]  i do all of my research now exclusively with google i do not use google scholar google scholar keeps
[01:37:00.680 --> 01:37:06.520]  sending me this shide or whatever site and they want me to pay home to look at the records and
[01:37:06.520 --> 01:37:16.440]  all i get is trash from them what i get from google are treatises briefs and pleadings from lawyers
[01:37:18.120 --> 01:37:23.800]  those documents are not on there for me they're on there for other lawyers
[01:37:25.240 --> 01:37:31.400]  when a lawyer is especially accomplished in a given area he wants other lawyers to know that
[01:37:31.400 --> 01:37:37.640]  that so he puts his best work out there so they can look at that work and say this guy's good
[01:37:38.760 --> 01:37:43.960]  so when they get something on that issue they call him because you know they don't want to
[01:37:43.960 --> 01:37:49.480]  take his pleadings and try to argue them in court because they'll generally get clobbered they want
[01:37:49.480 --> 01:37:56.360]  the real deal so they will collaborate with him and bring him on board and pay him to argue that
[01:37:56.360 --> 01:38:02.200]  form so this is about 50% of a lawyer's business is generally referral this way so you just search
[01:38:02.200 --> 01:38:07.960]  on google and you'll find the best documents that these lawyers are putting out there for other
[01:38:07.960 --> 01:38:17.320]  lawyers to find and so look on the subject and first page or two you'll get some good hits on it
[01:38:17.320 --> 01:38:26.840]  okay okay one other question on filing a criminal complaint
[01:38:28.360 --> 01:38:34.920]  what's the what's the deciding factor if you file it in the state court or you file it federally
[01:38:34.920 --> 01:38:48.520]  generally for me if it's not specifically a federal issue then it is a choice of venue
[01:38:49.800 --> 01:38:56.600]  and the rule of thumb is take state to the fed and the fed to the state so if you're in the state
[01:38:56.600 --> 01:39:01.880]  and it's a state official you want to find a way to get that official into the fed and the way to
[01:39:01.880 --> 01:39:11.000]  do that is with a due process violation 18 us code 242 and its progeny there's a number that
[01:39:11.000 --> 01:39:18.440]  follow that that are variations on 18 us code 242 and that's the official misconduct statute
[01:39:19.000 --> 01:39:25.720]  if a public official acting on to the color or pretense of their official capacity exert and
[01:39:25.720 --> 01:39:32.040]  I'm paraphrasing here because it's kind of a long statute exerts or ports purports to exert an
[01:39:32.040 --> 01:39:37.960]  authority they do not expressly have or if they fail to perform a duty they are required to perform
[01:39:37.960 --> 01:39:47.160]  and in the process deny you an any right that's a crime and it is a crime of due process and I guess
[01:39:47.160 --> 01:39:58.440]  I should step back and say this one more you have a right to an a reasonable expectation
[01:39:58.440 --> 01:40:07.720]  of the due course of the laws if there are laws that direct your public officials to do certain
[01:40:07.720 --> 01:40:17.640]  things you have a right to a reasonable expectation that the public officials will do those things
[01:40:17.640 --> 01:40:24.600]  if they fail to do those things then they have denied you in due process and that's important
[01:40:24.600 --> 01:40:36.120]  because when you claim due process you do not have to prove harm due process is harm per se
[01:40:36.120 --> 01:40:45.320]  meaning on its face so when you make a claim on a cause of action like we spoke earlier to
[01:40:45.320 --> 01:40:51.720]  good faith in fair dealing good did not have good faith in fair dealing is not a due process
[01:40:51.720 --> 01:40:59.880]  violation so when you make that claim you have to show how you've been harmed by that lack of
[01:40:59.880 --> 01:41:06.920]  good faith in fair dealing but if the law says that when a person is arrested with or without a
[01:41:06.920 --> 01:41:13.160]  warrant there to be taken directly to the nearest magistrate that's really clear in Texas they will
[01:41:13.160 --> 01:41:20.680]  say well you don't have a right to an examining trial in a misdemeanor and I say so what what's
[01:41:20.680 --> 01:41:25.880]  I've got to do with anything I don't have a right to be thrown in jail I don't have a right to be
[01:41:25.880 --> 01:41:32.360]  arrested I don't have a right to have handcuffs put on me they do that anyway because the law
[01:41:32.360 --> 01:41:39.800]  tells them to can't and in certain places arrest the law tells them they must so I don't need to
[01:41:39.800 --> 01:41:48.440]  have a right to be arrested to be arrested I don't need to have a right to an examining trial when
[01:41:48.440 --> 01:41:57.800]  the law commands them to take me to a magistrate and a old one that's due process and due process
[01:41:57.800 --> 01:42:03.720]  is something I have a right to so look at the law generally look at what they're required to do
[01:42:05.480 --> 01:42:09.480]  and anywhere they don't do what they require where they're required to do
[01:42:09.480 --> 01:42:20.680]  and it affects your rights that's a due process violation and you can make that they can't get
[01:42:20.680 --> 01:42:29.720]  it bumped from claiming no harm does that make sense yes makes perfect sense thank you
[01:42:31.800 --> 01:42:37.000]  okay have anything else for us no I think I'm pretty well covered for this evening thank you
[01:42:37.000 --> 01:42:45.320]  Randy okay thank you Larry now we're going to go to James in Texas James we got a minute before
[01:42:47.080 --> 01:42:52.920]  I'm not supposed to say break so I'm not going to say break but so I'm going to say
[01:42:52.920 --> 01:43:00.120]  something besides break so I won't be saying break okay go ahead one one thing I'm talking
[01:43:00.120 --> 01:43:08.200]  when you were talking with him if the attorney went to that inspector or whatever in the city
[01:43:08.920 --> 01:43:18.680]  and told him to write him up wouldn't that be baritry not exactly because Tim being written
[01:43:18.680 --> 01:43:25.640]  up wouldn't necessarily get the lawyer business because Tim might just go pay the fine that would
[01:43:25.640 --> 01:43:32.840]  be criminal conspiracy to commit now if the lawyer was also the prosecutor and the prosecutor got
[01:43:32.840 --> 01:43:40.440]  paid separate then I think we could go to baritry baritry goes to generating litigation that you
[01:43:40.440 --> 01:43:47.640]  will then get paid to represent hang on okay about to go to break that wasn't going to say
[01:43:47.640 --> 01:43:57.880]  break oh give me a break here okay that's gonna break me we'll be right back
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[01:46:17.640 --> 01:46:24.600]  okay we are back randy kelton rule of law radio on this friday the 22nd day of november
[01:46:24.600 --> 01:46:35.480]  two thousand and nineteen and we're talking to james in texas subtle james hello um bret with
[01:46:35.480 --> 01:46:43.640]  you tonight jerry wait say that again is bret on with you tonight as well no he's not here tonight
[01:46:43.640 --> 01:46:57.240]  well that bomb no he is he is with mama doing what he's told well that's because that's because
[01:46:57.240 --> 01:47:05.080]  he's a man who knows how to handle women i told my son when he got married i said i need to explain
[01:47:05.080 --> 01:47:13.000]  to you how to handle these women when they start that do this do that garbage what you do is you
[01:47:13.000 --> 01:47:23.160]  puff up and you tell them yes dear he reminded me of that 10 years later and he said dad you were
[01:47:23.160 --> 01:47:33.080]  right so yeah i got the scars to show for it no i got i got to thinking about something last week
[01:47:33.080 --> 01:47:41.160]  i actually tried to call in last fursday and my phone about 18 inches and the screen just
[01:47:41.160 --> 01:47:45.880]  blinked and i was on speaker and there i had no way to get it off speaker so i finally just had
[01:47:45.880 --> 01:47:51.480]  to power it off because i didn't want to be pulled up on speaker but anyway um
[01:47:53.800 --> 01:48:01.560]  since we know that no municipal police department has the authority to enforce
[01:48:01.560 --> 01:48:11.560]  the traffic laws here in texas what about filing a petition for declaratory judgment
[01:48:12.600 --> 01:48:21.960]  in the district court and getting that ruling you can't do it in the district court and the
[01:48:21.960 --> 01:48:33.480]  appellate court for a classy misdemeanor is the county court and if the county court
[01:48:34.760 --> 01:48:40.840]  denies it or refuses to even hear it which we had happened in tim's case
[01:48:42.760 --> 01:48:45.320]  then the next court is the court of appeals
[01:48:45.320 --> 01:48:53.720]  appeals and that's a great place because the court of appeals that's a court that writes law
[01:48:56.600 --> 01:49:02.440]  correct but okay i for some reason i was thinking that would have to be filed in the district court
[01:49:03.960 --> 01:49:11.720]  generally uh that is an oddity generally everything is appealed to the court of appeals
[01:49:11.720 --> 01:49:21.640]  but since municipal courts and justice courts are considered to be inferior courts meaning that
[01:49:22.360 --> 01:49:31.560]  they can be presided over by non-lawyers then an appeal from that court will go to the lowest
[01:49:32.120 --> 01:49:38.920]  level court that must be presided over by learned counsel and that's the county court
[01:49:38.920 --> 01:49:46.600]  well but and and i'm not necessarily talking about this for an appeal i'm saying you don't
[01:49:46.600 --> 01:49:55.400]  have any problems at all you don't have a ticket you're fighting but you know this to be the case
[01:49:56.680 --> 01:50:04.360]  so if you wanted to file a petition for declaratory judgment couldn't you do that in the district
[01:50:04.360 --> 01:50:13.320]  court if you didn't have any issue a petition for declaratory judgment would go to the district
[01:50:13.320 --> 01:50:20.200]  court but that's an original position that is an original petition yeah and that's that's what
[01:50:20.200 --> 01:50:28.280]  i'm talking about if if somebody can get that ruling that hey and i and i don't know that was
[01:50:28.280 --> 01:50:35.400]  another question i had would you have to do it for each municipality or could you do it for
[01:50:35.400 --> 01:50:43.640]  any municipal police department well because i would presume there would have to be someone there
[01:50:43.640 --> 01:50:58.120]  to oppose my petition yes one issue with that is you have to have some sort of standing i was
[01:50:58.120 --> 01:51:07.080]  when i first read the code it appeared as though you could just file a suit just to ask a question
[01:51:07.080 --> 01:51:14.840]  and that did not seem consistent with other code that required that you have a dog in the hunt and
[01:51:15.560 --> 01:51:24.760]  recently and going back over the federal codes clearly they require that you have an actual
[01:51:25.720 --> 01:51:33.160]  controversy or issue okay so you you have to have a dog in the hunt but if you get a ticket you
[01:51:33.160 --> 01:51:39.640]  got a dog in the hunt well and and i do so i guess i would need to do it in the county court at law
[01:51:40.520 --> 01:51:48.920]  no a petition for declaratory judgment i i'd have to read the declaratory judgment statute for texas
[01:51:50.280 --> 01:51:57.880]  but that would almost certainly go to a district court that's not an appeal okay and that's what
[01:51:57.880 --> 01:52:06.040]  i was thinking because i do have a ticket for men's acts but that i'm fighting but um my my
[01:52:06.040 --> 01:52:13.960]  thinking is if you if somebody can get that judgment in their favor then it's rare as you
[01:52:13.960 --> 01:52:22.280]  to call it and anytime anybody gets a ticket from a municipal police department if they can have a
[01:52:22.280 --> 01:52:29.240]  copy of that judgment or that ruling they can go in and just wave it to the court and say bye
[01:52:30.680 --> 01:52:33.480]  yeah we give it to the court and when the court ignores it
[01:52:34.920 --> 01:52:42.520]  then you file against the judge with the grand jury yeah and and here's and here was the only other
[01:52:43.160 --> 01:52:50.680]  really i had a bunch of other questions but i left them at work um when does at what point in a
[01:52:50.680 --> 01:52:58.280]  traffic ticket does jeopardy attach it's not when the complaint's filed it's when they turn the lights
[01:52:58.280 --> 01:53:10.600]  on well let me step back uh i would just not a question i've i've looked at exactly but when
[01:53:10.600 --> 01:53:21.240]  the lights are turned on you are bound under state law to pull over and stop and that's the traffic
[01:53:21.240 --> 01:53:30.200]  code the only code that requires you to pull over and stop is traffic uh i forget which one it is
[01:53:30.200 --> 01:53:39.240]  is five fifty no i'm sorry it's a five forty three oh i think i want to say three fifty three but i
[01:53:39.240 --> 01:53:48.520]  don't think so that's that's the one for open records but i don't remember exactly where it's
[01:53:48.520 --> 01:53:54.680]  at but it's in five forty three somewhere that is the only statute that requires you to pull over
[01:53:54.680 --> 01:54:00.680]  and stop and you said jeopardy attaches if you don't pull over jeopardy will certainly attach
[01:54:01.720 --> 01:54:10.440]  okay but but your question was more realistic and not that i'm using the webster's definition of
[01:54:10.440 --> 01:54:19.560]  jeopardy uh i would say jeopardy would attach when the officer writes the citation
[01:54:19.560 --> 01:54:29.320]  but that's not from actually researching that issue okay because i was thinking uh
[01:54:30.760 --> 01:54:37.400]  i'm asking this question in relation to being able to go after from malicious prosecution
[01:54:39.320 --> 01:54:46.840]  when they write that definitely when they write the citation okay because now you're subject to
[01:54:46.840 --> 01:54:52.920]  prosecution when they turn the lights on you're not he may be turning your light zone to tell you
[01:54:52.920 --> 01:55:01.480]  that uh you've got something hanging off the back of your car or you know you got light flashing that
[01:55:01.480 --> 01:55:07.000]  it doesn't he's not intended to give you a ticket for it but uh indicates you got a bad connection
[01:55:07.000 --> 01:55:14.120]  he wants to let you know so jeopardy does not attach there but once he writes that citation
[01:55:14.120 --> 01:55:19.880]  and asks you to sign it as a promise to appear now you are restricted at your liberty
[01:55:23.080 --> 01:55:30.360]  but i was just thinking if somebody like me or brett or scott or adam or whoever could get that
[01:55:30.360 --> 01:55:37.640]  ruling and then we you know you could let it be known to people eddie could put it out on his
[01:55:37.640 --> 01:55:47.560]  child law and people could start using that to to fight these things i think they they certainly
[01:55:47.560 --> 01:55:54.040]  could uh i could write it into the traffic website i'm trying to get that brought back up
[01:55:55.720 --> 01:56:01.240]  my programmer has been after me to to reinvigorate the traffic site
[01:56:01.240 --> 01:56:11.720]  and i'm reluctant to do that because it'll get too much attention on me because especially if i
[01:56:13.080 --> 01:56:21.240]  energize the second half of the traffic site so that you take all these documents into the
[01:56:21.240 --> 01:56:26.360]  traffic site now it'll preach out close to a hundred and fifty pages of documents you will
[01:56:26.360 --> 01:56:33.400]  file that with the court yeah and you don't care what's in them they're going to ignore it and that's
[01:56:33.400 --> 01:56:38.760]  the point you want them to ignore it because now you you start getting claims against them so
[01:56:40.040 --> 01:56:46.600]  adding more won't make much difference i do have the subject matter jurisdiction challenge
[01:56:46.600 --> 01:56:55.800]  i think it's about a 30 page document that is relevant to a sheriff's deputy or a municipal
[01:56:55.800 --> 01:57:04.920]  police officer neither one of those can enforce unless it is a sheriff's deputy who has been
[01:57:04.920 --> 01:57:10.760]  appointed by the county commissioner's court is paid by the county commissioner's court and he's
[01:57:10.760 --> 01:57:17.480]  riding the motorcycle yeah right there and right there in the code so if you've got a sheriff's
[01:57:17.480 --> 01:57:22.840]  deputy he's not riding the motorcycle you can be and it's not inclement weather it's not raining
[01:57:22.840 --> 01:57:30.600]  or something you can be pretty sure that he's not authorized yeah and and i was also thinking that
[01:57:31.320 --> 01:57:38.840]  you know you could do it for municipal police departments all in one shot but i would imagine
[01:57:38.840 --> 01:57:46.440]  each county would need to be you would get to meet has to get a ruling for each county separately
[01:57:47.000 --> 01:57:52.440]  yeah the now the trick to that is is call the county commissioner's court and ask the county
[01:57:52.440 --> 01:57:59.720]  commissioner's court for a list of all officers that they have appointed as traffic control officers
[01:57:59.720 --> 01:58:09.320]  under 701.001 text is transportation code and they're going to say huh we don't know what you're
[01:58:09.320 --> 01:58:15.560]  talking about and now you know if you do it in writing they'll send you back a response saying
[01:58:15.560 --> 01:58:22.040]  we have no records responsive to your request now you have it determined yeah hang on i forgot that
[01:58:23.000 --> 01:58:27.240]  we'll be right back this is randy kelton with radio
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