[00:00.000 --> 00:06.760]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.760 --> 00:13.160]  Markets for Monday the 22nd of July 2019, open with precious metals, gold $1,429 an ounce,
[00:13.160 --> 00:21.360]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:21.360 --> 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 --> 00:41.400]  $27.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.400 --> 00:52.320]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated
[00:52.320 --> 00:57.800]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.800 --> 01:04.800]  10 and entering 40.
[01:04.800 --> 01:09.480]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hempon to
[01:09.480 --> 01:14.280]  tax his law back in June, county prosecutors around the state including Houston, Austin,
[01:14.280 --> 01:18.880]  San Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:18.880 --> 01:22.840]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.840 --> 01:27.800]  test the herb for THC. Margaret Moore, the Travis County District Attorney announced earlier
[01:27.800 --> 01:32.480]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:32.480 --> 01:33.680]  because of the law.
[01:33.680 --> 01:37.600]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:37.600 --> 01:42.080]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.280]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.280 --> 01:54.480]  well as other cities too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.480 --> 01:58.960]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.960 --> 02:01.720]  prosecution of marijuana cases in El Paso.
[02:01.720 --> 02:06.720]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.720 --> 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 --> 02:22.600]  charged with.
[02:22.600 --> 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 --> 02:50.040]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.040 --> 03:15.700]  glow.
[03:15.700 --> 03:32.700]  Bad boys, bad boys, what you gonna do, what you gonna do, when they come for you?
[03:32.700 --> 03:37.700]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:37.700 --> 03:43.700]  When you were eight and you had that tree, you go to school and learn the golden rule.
[03:43.700 --> 03:48.700]  So why are you acting like a bloody fool, if you're getting f***ing a monster crew?
[03:48.700 --> 03:54.700]  Bad boys, bad boys, what you gonna do, what you gonna do, when they come for you?
[03:54.700 --> 03:55.700]  Bad boys, bad boys, what you gonna do, when they come for you?
[03:55.700 --> 04:06.700]  Okay, howdy, howdy, Randy Kelton by myself here, Rudolf La Radio on this 9-11, 2020.
[04:06.700 --> 04:19.700]  I probably would be good to do a show about 9-11, but it's more political than I'd like to get, although Deborah is kind of an expert on that.
[04:19.700 --> 04:30.700]  However, she's not here tonight, and instead of talking about 9-11, I'm gonna talk about these executive orders.
[04:30.700 --> 04:39.700]  I've been researching executive orders, and before I get to that, let me turn the phones on.
[04:39.700 --> 04:44.700]  A call in number 512-646-1984.
[04:44.700 --> 04:49.700]  If you have a question or comment, give us a call, we'll be taking your calls all night.
[04:49.700 --> 04:56.700]  Those of you who called in last night and didn't get on, if you'll call back in, we'll take you early tonight.
[04:56.700 --> 05:09.700]  Deborah did a show on these executive orders last night, and after her show, I wanted to discuss some research I've been doing.
[05:09.700 --> 05:20.700]  I've got a spreadsheet with about 700 lawsuits based on these executive orders around the country.
[05:20.700 --> 05:34.700]  And as I look at them, almost every single one of them, actually, I haven't seen one that did not ask for restraining order.
[05:34.700 --> 05:51.700]  Primarily what they're asking for in their suits is a restraining order against the governor or judge or district judge or county commissioners court judge who issued these orders,
[05:51.700 --> 06:03.700]  a restraining order to prevent them from exercising the punitive aspects to a violation of the orders.
[06:03.700 --> 06:15.700]  And others asking for an injunction to prevent the governors and local governments from shutting down local businesses.
[06:15.700 --> 06:29.700]  And I'm frustrated with that because any lawyer who's ever been in court is very well aware of the one thing that's consistent in all court cases is they take a very long time.
[06:29.700 --> 06:53.700]  And where this lawyer has clients whose businesses have been shut down, they come into the court and ask for an emergency restraining order to prevent the governor or judge from shutting down these businesses.
[06:53.700 --> 07:04.700]  And they immediately get an opposition. If the judge doesn't grant it immediately, then there is no remedy for the client.
[07:04.700 --> 07:27.700]  Because by the time all of these issues can get through the courts, either the client will be out of business or won't be able to afford the lawyers anymore or the restrictions will be lifted because the pandemic will have run its course.
[07:27.700 --> 07:47.700]  So I don't see them of any prudential value, prudential by that, meaning as a tool to prevent the misuse of executive authority.
[07:47.700 --> 08:05.700]  They won't stop these officials from issuing these draconian orders, draconian meaning overreaching orders.
[08:05.700 --> 08:20.700]  They won't give them any reason to stop doing that. So I'm looking for a way to keep our public officials from exceeding their authority.
[08:20.700 --> 08:44.700]  And in researching the cases that are out there and the underlying case law, I think I have a way to go after these guys in a way that will give them reason not to pursue this kind of a practice in the future.
[08:44.700 --> 09:09.700]  Because the real problem most of the lawyers are addressing is that these officials are issuing these draconian orders and using the pandemic as an excuse to do it in order to get the public accustomed to having these kinds of restrictions placed on them
[09:09.700 --> 09:20.700]  so that if they're placed again in the future, there will be more experience with them and less opposition.
[09:20.700 --> 09:25.700]  They're trying to get us accustomed to being pushed around.
[09:25.700 --> 09:43.700]  So my suggestion is that we push back. And in looking at the orders, we have case law back from over 100 years ago, the turn of the century, having to do with smallpox.
[09:43.700 --> 09:59.700]  We were having a smallpox epidemic and I think it was Linus Pauling who developed a, not Linus Pauling.
[09:59.700 --> 10:13.700]  I remember his name in a Louis Pasteur. Louis Pasteur developed a vaccine for milk-maidens disease. That was what it was often called in those days.
[10:13.700 --> 10:23.700]  Milk-maidens disease was actually a pox virus, not quite as deadly as smallpox, but it started out with similar symptoms, so they called it milk-maidens disease.
[10:23.700 --> 10:38.700]  I have a book. The Cherokee Indian Doctor published 1849 and he speaks of the Cherokee Indians having an herbal cure for milk-maidens disease.
[10:38.700 --> 10:48.700]  Smallpox primarily originated from milk. Cows would get infected and carry the infection in their milk.
[10:48.700 --> 10:58.700]  So the milk-maidens who milked cows were the ones who would catch milk-maidens disease or smallpox first and then they would spread it around the community.
[10:58.700 --> 11:08.700]  Well, he said that the Cherokee Indians developed a herbal cure for smallpox, but he didn't know what it was. He wouldn't tell him.
[11:08.700 --> 11:25.700]  And that there was a French doctor who had developed a cure for milk-maidens disease. He never stated who the doctor was and it took some research to figure out 1849 that was Louis Pasteur.
[11:25.700 --> 11:48.700]  Well, by the early part of the last century, there was an epidemic of smallpox and with Patterson v. Massachusetts, Massachusetts ordered everyone to take a smallpox vaccination cost and one person refused and he was fined $5.
[11:48.700 --> 12:05.700]  And he took the issue all the way to the Supreme and the Supreme said that the state had an inherent interest in protecting the public and they could order mandated vaccinations.
[12:05.700 --> 12:17.700]  However, they stated that these orders were not without opportunity to challenge.
[12:17.700 --> 12:27.700]  So they can issue these orders, but they have to have good reason and there are a set of tests for that.
[12:27.700 --> 12:32.700]  Deborah was talking about that last night. It must be a compelling interest.
[12:32.700 --> 12:47.700]  And the remedy must be narrow and tailored and it must be the least intrusive method of handling the situation.
[12:47.700 --> 13:09.700]  So I'm looking at a better way to take on the individuals issuing these orders is to allege that this supposed pandemic, although it appeared to be a pandemic, has turned out not to be such a dangerous pandemic after all,
[13:09.700 --> 13:20.700]  that the information that these officials were working from was skewed information.
[13:20.700 --> 13:34.700]  There was ample information available to indicate that there were standard remedies in place that would have prevented this pandemic,
[13:34.700 --> 13:46.700]  except that the CDC and others put out information that contradicted their own studies.
[13:46.700 --> 14:08.700]  Earlier studies about this kind of infectious agent, coronavirus, coronavirus was studied and in 2013, the CDC put out a paper that indicated that the Hydroxychloroquine was effective against coronavirus.
[14:08.700 --> 14:23.700]  And COVID-19 is a coronavirus. But for whatever reason, the CDC played that down, didn't talk about that, and claimed there was no treatment for it.
[14:23.700 --> 14:30.700]  And when it turned out there were a lot of treatments and some of them very straightforward.
[14:30.700 --> 14:46.700]  One in particular frustrated me because I had all the information and you had all the information, we all had all the information we needed to find this as a solution.
[14:46.700 --> 15:04.700]  About all of us are familiar with anaphylactic shock. A serious allergy doesn't kill you. Your response to the allergies would kill you.
[15:04.700 --> 15:19.700]  And generally, anaphylactic shock involves inflammation of the airways, the throat, and the nose. So you can't breathe, you don't suffocate.
[15:19.700 --> 15:40.700]  Well, that's almost exactly what the coronavirus did except it was more specific to the lungs. Unlike most cold viruses, most other coronaviruses, they would attack a portion of the lung and then move across the lungs, infecting more of the lungs as it got worse.
[15:40.700 --> 15:54.700]  But as it's infecting more of the lungs, the system is building a response to it and it tends to slow it down so it doesn't infect the entire lung and suffocate the individual.
[15:54.700 --> 16:18.700]  But coronavirus, the body responded to it much more violently. Violence is not the right term, but it caused the entire lung to become inflamed just like you would from peanuts or any other allergen that you are highly allergic to.
[16:18.700 --> 16:25.700]  It caused essentially a form of anaphylactic shock. Well, treat with asthma medicine.
[16:25.700 --> 16:36.700]  We have doctors using the same type of steroids used for asthma to treat corona.
[16:36.700 --> 16:50.700]  This is not rocket science. Where were we when this started in the beginning that we're listening to all this nonsense from the CDC and not paying attention to what we already do.
[16:50.700 --> 16:59.700]  Hang on, Randy Kelton, the Wheel of Law Radio, we'll be right back.
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[19:19.700 --> 19:36.700]  We are back.
[19:36.700 --> 19:58.700]  Randy Kelton and Rule of Law Radio on this Friday, the 11th day of September, 2020. We're here on 9-11 and we're talking about coronavirus and the local government's response to the coronavirus.
[19:58.700 --> 20:12.700]  The governors issued these executive orders. Now, these executive orders had the effect of denying citizens and the full and free access to or enjoyment of certain rights.
[20:12.700 --> 20:28.700]  And in my research, it appears as though under emergency circumstances, the governors and other public officials are actually allowed to issue orders that deny the citizens in constitutional rights.
[20:28.700 --> 20:52.700]  However, when they do that, it has to meet very high and exacting standards. And in this case, it appears as though the governors did not do their homework, they did not do due diligence, but they reacted to a public hysteria.
[20:52.700 --> 21:06.700]  Now, so far as I can tell the COVID-19 virus is no more deadly than SARS or the pig flu before that.
[21:06.700 --> 21:16.700]  And in those two instances, one with Bush and one with Obama, the whole world wasn't shut down.
[21:16.700 --> 21:26.700]  The president didn't issue a disaster declaration and the local governments did not shut down business.
[21:26.700 --> 21:43.700]  Somehow this third one that wasn't at very worst wasn't any worse than the SARS or pig flu epidemic. Somehow in this case, they saw fit to shut down the government.
[21:43.700 --> 22:05.700]  Now, in doing that, hang on just a second, my apology.
[22:05.700 --> 22:21.700]  My apologies for that. I bought my wife a puppy for Christmas. He's a noisy beast. Anyway, I'll try to keep that sound down.
[22:21.700 --> 22:39.700]  Anyway, the governors issued these orders with these words, dramatic orders, and they have caused what is likely to be the worst depression the planet's ever seen.
[22:39.700 --> 22:54.700]  I'm looking at what is going on. I'm expecting that after the first of the year, we are going to see an absolute tsunami of evictions and collapse of the real estate market.
[22:54.700 --> 23:00.700]  And that will trigger collapses in other areas. We're going to have a horrible time.
[23:00.700 --> 23:10.700]  The government has increased its debt to a horrendous rate. These debts are going to have to be paid back.
[23:10.700 --> 23:28.700]  Taxes are going to have to go up to pay these taxes. We're looking for two or three really tough years, primarily fueled by these orders that were questionable at best.
[23:28.700 --> 23:52.700]  What I'm saying is, Deborah spoke last night of the Supreme Court addressing these orders, saying that one of the, this Woodfield lawyer out of Houston and Dr. Hotsey, the primary litigant in a class action suit,
[23:52.700 --> 24:05.700]  brought the wrong issue to the Supreme and the Supreme indicated that the governor was did not have carte blanche that he was subject to oversight.
[24:05.700 --> 24:14.700]  Except these guys didn't bring them something they could rule on and they indicated that they needed something they could rule on to bring the governor back in line.
[24:14.700 --> 24:31.700]  So we need to find something they can rule on. And the one thing I'm looking at is building a lawsuit that will claim that the governor failed to do due diligence before shutting down the government,
[24:31.700 --> 24:49.700]  before issuing an order that denied citizens in their constitutional rights. When the governor took office, he swore on his oath as a condition of employment.
[24:49.700 --> 25:10.700]  This oath constituted his contract or a portion of his contract. And that oath required that he do one thing, that he uphold the Constitution of the United States and the state of Texas.
[25:10.700 --> 25:30.700]  That was not hard to understand. And the Constitution specifically forbade him from taking certain actions that had the effect of denying the citizens in certain particularly specified rights.
[25:30.700 --> 25:42.700]  He ignored that. And it's my position. He violated his oath of office and he did so without due cause because he failed to do due diligence.
[25:42.700 --> 25:58.700]  He failed to do research into the CDC to see if what the CDC was saying today was in paramateria with what the CDC said last week, last year, two, five, 10 years ago.
[25:58.700 --> 26:12.700]  And he failed to do due diligence to see if there actually were treatments for this disease that did not require the shutting down of the entire state.
[26:12.700 --> 26:28.700]  He just shut it down in apparently in panic and in this case in Texas. Governor Abbott passed a large number of executive orders, one after the other.
[26:28.700 --> 26:47.700]  And in these executive orders, portions of one executive order would supersede portions of another executive order and back and forth and in and out and up and down so that it was similar to the SEC where the codes are so convoluted,
[26:47.700 --> 26:58.700]  no reasonable person of ordinary prudence could read and understand when they were in violation of when they were not.
[26:58.700 --> 27:25.700]  So I'm looking at building a suit claiming that when the governor issues an order that has the effect of respecting the rights of the public that order, like all legislative enactments must comply with the government code 311,
[27:25.700 --> 27:45.700]  which is the, I lost the term name of it for a second, the, tells them what a statute, the Statutory Construction Act, how they must be constructed and primarily it must be constructed so that a reasonable person of ordinary prudence,
[27:45.700 --> 27:58.700]  not a legal lawyer, not a judge, but an ordinary person can read the order and understand when they are in compliance or when they are in violation of the order.
[27:58.700 --> 28:11.700]  And it's my contention after looking at these orders that no reasonable person of ordinary prudence can tell when they're in compliance and when they're not because of the convoluted way in which they were passed.
[28:11.700 --> 28:33.700]  I need to do some more research with Deborah on this point and what she is saying, that almost every time the governor issued one of these orders, a couple of days after it, he awarded a sweet deal contract to one of his political cronies without competitive bidding.
[28:33.700 --> 28:50.700]  These are things he's not allowed to do. And it appears as though he's passing these executive orders so as to justify the sweetheart deal contracts he's signing with private companies.
[28:50.700 --> 29:11.700]  So I want to put together a lawsuit where anyone can go online and fill out a questionnaire and the questionnaire will establish that they were in the state of Texas and their ability to exercise their rights were curtailed,
[29:11.700 --> 29:22.700]  their ability to create an income and operate businesses were curtailed and thereby they were harmed.
[29:22.700 --> 29:46.700]  And we will allege that the governor issued these orders without exercising due diligence and therefore not in compliance with the requirements of these orders and therefore active in his personal capacity outside the scope of his authority and is therefore personally liable.
[29:46.700 --> 30:02.700]  And then the questionnaire after the questionnaire develops information, it will spit out a lawsuit that anybody can file. We'll take these guys to task. We'll be right back.
[30:02.700 --> 30:07.700]  It's clear cell phones have changed the way we live and work, but have they negatively affected our health?
[30:07.700 --> 30:15.700]  I'm Dr. Catherine Albright and I'll be back in just a moment with new findings about how cell phones may actually alter our brain chemistry.
[30:15.700 --> 30:25.700]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.700 --> 30:33.700]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[30:33.700 --> 30:44.700]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing. Start over with StartPage.
[30:44.700 --> 30:52.700]  Cell phones emit radio frequency energy. It's a fact. But whether it's dangerous to have a phone beaming this kind of radiation near your head has been disputed.
[30:52.700 --> 30:57.700]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.700 --> 31:03.700]  Well, now the Journal of the American Medical Association is confirming that cell phones affect brain chemistry.
[31:03.700 --> 31:11.700]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest to the cell phone antenna increases when the cell phone is on.
[31:11.700 --> 31:16.700]  While researchers aren't sure whether this exposure causes damage, I'm not taking any chances.
[31:16.700 --> 31:20.700]  I always keep the phone far from my body and I use a corded headset.
[31:20.700 --> 31:30.700]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.700 --> 31:38.700]  I lost my son on September 11, 2000. Most people don't know that a third tower fell on September 11.
[31:38.700 --> 31:42.700]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.700 --> 31:46.700]  All will be official explanations as that fire brought down Building 7.
[31:46.700 --> 31:52.700]  Over 1,200 architects and engineers have looked into the evidence and believed there is more to the story.
[31:52.700 --> 31:55.700]  Bring justice to my son, my uncle, my nephew, my son.
[31:55.700 --> 32:00.700]  Go to BuildingWhat.org. Why it fell, why it matters, and what you can do.
[32:00.700 --> 32:05.700]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:05.700 --> 32:11.700]  Scripture Talk with Nana will begin Wednesday, January 8 from 8 to 10 p.m. Central Time.
[32:11.700 --> 32:14.700]  Our goal is in accord with Matthew 5, 16.
[32:14.700 --> 32:21.700]  Let your light so shine before men that they may see your good works and glorify your Father which is in Heaven.
[32:21.700 --> 32:26.700]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:26.700 --> 32:34.700]  Join Nana and guests for both verse-by-verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[32:34.700 --> 32:41.700]  Our verse-by-verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[32:41.700 --> 32:48.700]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[32:48.700 --> 33:00.700]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8 for an inspiring and motivating discussion on the Scriptures.
[33:00.700 --> 33:11.700]  You're listening to the Logos Radio Network at LogosRadioNetwork.com
[33:11.700 --> 33:38.700]  Yeah, I got a warrant and I'm going to solve them, today I'm going to government them, prosecute them. Okay.
[33:38.700 --> 33:47.700]  Okay, we are back. Randy Kelton, the rule of law radio and our call in number 512-646-1984.
[33:47.700 --> 33:51.700]  Call lines are open. They'll be open all night.
[33:51.700 --> 33:58.700]  And so be on the lookout. I will let everyone know when I have this thing up and working.
[33:58.700 --> 34:01.700]  It takes a bit of work and research to get it done.
[34:01.700 --> 34:21.700]  I certainly need it up by the first of the year. I actually have another larger project that I'm working on at the same time that we'll work in conjunction with this because right now we have a moratorium on foreclosures and evictions.
[34:21.700 --> 34:33.700]  These executive orders have put lots and lots of people out of work and forced them to shelter in place.
[34:33.700 --> 34:47.700]  And in order to keep from having major chaos, the government has put a moratorium on foreclosures and evictions.
[34:47.700 --> 34:57.700]  This is very problematic because it causes ripples through the entire system.
[34:57.700 --> 35:14.700]  The people who own the buildings that they're renting out that they're now unable to collect rent from those buildings, they're also unable to pay their mortgages.
[35:14.700 --> 35:32.700]  And when the government under the CARES Act finally removes this prohibition against evictions and foreclosures, we can look at an absolute tsunami.
[35:32.700 --> 35:36.700]  I would say an avalanche, but that doesn't even come close.
[35:36.700 --> 35:53.700]  We're going to have a tsunami. We will be flooded with people on the streets, people evicted with apartment buildings and apartment complexes going bankrupt because they can't pay their mortgages with banks.
[35:53.700 --> 36:03.700]  And in this case, unlike the last real estate crash, this one was not engineered by the banks.
[36:03.700 --> 36:08.700]  So the banks are not in a position to profit from this one.
[36:08.700 --> 36:14.700]  The banks, along with everybody else, will be hammered by this one.
[36:14.700 --> 36:28.700]  It's like the governors and the president reached out and grabbed the economic pipeline of the country and squeezed it off.
[36:28.700 --> 36:35.700]  All the dollar flows stop, and so far they've had it stop some six months.
[36:35.700 --> 36:43.700]  And all the indications are they're going to be stopped another, at least another three months.
[36:43.700 --> 36:47.700]  But all the debt that's accumulating doesn't stop.
[36:47.700 --> 36:55.700]  All of those people in place who were depending on that income, their need doesn't stop.
[36:55.700 --> 37:01.700]  So when they release this, all of these people are going to have to do something to recover.
[37:01.700 --> 37:07.700]  And it is going to be absolute chaos.
[37:07.700 --> 37:16.700]  I suggested you grab ahold that, you know, we've been in this for a while and we haven't seen the world collapse around us.
[37:16.700 --> 37:22.700]  And we're getting lulled into this sense that, oh, everything's going to be okay.
[37:22.700 --> 37:25.700]  I don't see that.
[37:25.700 --> 37:30.700]  I see a problem that's building up.
[37:30.700 --> 37:40.700]  This is a flood that's coming and it's been choked up by these governmental devices.
[37:40.700 --> 37:45.700]  But they can only hold the flood back for so long.
[37:45.700 --> 37:52.700]  And when it begins to break down, it will break down in cascading fashion is going to get ugly.
[37:52.700 --> 38:03.700]  So I'm trying to develop some other tools that will mitigate some of the circumstances that are coming.
[38:03.700 --> 38:20.700]  I'm looking for ways that companies can, if not profit, at least, I'm thinking of banks and lending institutions can keep themselves from going bankrupt
[38:20.700 --> 38:26.700]  and keep from having to evict everybody in the street because if they evict people,
[38:26.700 --> 38:33.700]  on the average, it costs the bank $60,000 to evict someone. That's not profitable.
[38:33.700 --> 38:42.700]  In the last go around, they set things up so they made a lot of money evicting someone and they had to evict.
[38:42.700 --> 38:48.700]  They had to foreclose in order to collect on all the derivatives that they sold.
[38:48.700 --> 38:53.700]  So they would fight you tooth and nail to force the foreclosure.
[38:53.700 --> 39:02.700]  If they didn't care about the property, they needed the foreclosure so they could collect on the insurance policies they had accumulated through derivative sales.
[39:02.700 --> 39:05.700]  That didn't happen this time.
[39:05.700 --> 39:11.700]  Everybody's will be damaged by this one, including the banks.
[39:11.700 --> 39:32.700]  Because of that, the banks will be in a position to where it will be in their best interest to find remedy for people in lieu of eviction because if they start evicting everybody
[39:32.700 --> 39:47.700]  and this guy, say he's retired, he takes his 401K, he buys a six-flat apartment to rent out as an income source,
[39:47.700 --> 39:51.700]  and then this happens and he stops getting income.
[39:51.700 --> 39:57.700]  He can't pay his mortgage. He's going to lose his income property.
[39:57.700 --> 40:04.700]  The bank, if they foreclose on the income property, then everybody winds up out in the street.
[40:04.700 --> 40:19.700]  The property winds up empty, just like after 2008, we had thousands and thousands of properties sitting around the country deteriorating into trash
[40:19.700 --> 40:23.700]  because the banks, they made money foreclosing so they didn't care about the property.
[40:23.700 --> 40:30.700]  This time, when this happens, property values are going to fall through the toilet.
[40:30.700 --> 40:33.700]  That creates another problem.
[40:33.700 --> 40:41.700]  Let's say the guy is up to date doing fine and then the epidemic hits.
[40:41.700 --> 40:44.700]  All of a sudden, he's out of work. He can't pay his mortgage.
[40:44.700 --> 40:51.700]  He may have some money saved up, but that's going to run out relatively quickly when he's not producing any income.
[40:51.700 --> 40:55.700]  The vast majority of the population live from paycheck to paycheck.
[40:55.700 --> 40:59.700]  Well, six months ran, but you can get in paychecks.
[40:59.700 --> 41:03.700]  So they're going to be behind.
[41:03.700 --> 41:13.700]  When this lifts, then the banks are essentially in a position to where they are forced to foreclose.
[41:13.700 --> 41:16.700]  It's going to cost them a fortune to foreclose.
[41:16.700 --> 41:28.700]  And if they do that, then the value of the property will drop to the point that the banks can't resell them.
[41:28.700 --> 41:32.700]  They can resell them, but they won't get their money back.
[41:32.700 --> 41:38.700]  If they loan $200,000 on this property and it drops to $180,000,
[41:38.700 --> 41:46.700]  and then they have to pay $60,000 to foreclose on it, they're down $80,000.
[41:46.700 --> 41:48.700]  They can't get that back when they sell it.
[41:48.700 --> 41:53.700]  So the bank's going to lose big time. It's not in their best interest to foreclose.
[41:53.700 --> 42:02.700]  However, the person who purchased the property, so let's say he puts 20% down on a $200,000 property.
[42:02.700 --> 42:05.700]  He's already got $40,000 in it.
[42:05.700 --> 42:09.700]  And then the coronavirus shifts. He can't pay his mortgage.
[42:09.700 --> 42:15.700]  When these foreclosures start, property values are going to drop through the toilet.
[42:15.700 --> 42:23.700]  He's going to lose that $40,000 in equity just in depreciation of the property because the market's failing.
[42:23.700 --> 42:31.700]  So even someone who would be able to pay the mortgage is going to wind up underwater.
[42:31.700 --> 42:38.700]  They're going to wind up with a property that's worth far less than what they owe on it.
[42:38.700 --> 42:44.700]  So they would be better off dumping the property and going buying one for current price.
[42:44.700 --> 42:48.700]  This is what happened in the last go-around.
[42:48.700 --> 42:51.700]  It's going to be a horrible mess.
[42:51.700 --> 42:53.700]  And we need to get prepared for it.
[42:53.700 --> 43:01.700]  I'm building a website and a tool, the questionnaire tool I've been working on all this time.
[43:01.700 --> 43:06.700]  I'm building a tool to evaluate a person's current condition.
[43:06.700 --> 43:20.700]  And I'm beginning to, I'm preparing a presentation to the banks to get them to look at a way to refinance these properties.
[43:20.700 --> 43:26.700]  So instead of the banks showing on their books that they're behind all this money,
[43:26.700 --> 43:37.700]  someone who has some equity in their property can use up some of the equity to pay the behind payments
[43:37.700 --> 43:46.700]  and go back to an even-up situation so that they don't have a big hill to climb to get back on their feet.
[43:46.700 --> 43:54.700]  Hang on, Randy Kelton with our radio. A call in number 512-646-1984.
[43:54.700 --> 43:56.700]  We'll be right back.
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[46:22.700 --> 46:27.700]  Okay, we are back.
[46:27.700 --> 46:34.700]  Randy Kelton, rule of law radio on this Friday, the 11th day of September, 2020.
[46:34.700 --> 46:41.700]  And we're talking about what I see coming after January.
[46:41.700 --> 46:51.700]  And I suspect a lot of people out there are looking at winding up in the exact position that I'm talking about here.
[46:51.700 --> 46:59.700]  So I'm looking at putting together a tool where people can find remedy.
[46:59.700 --> 47:15.700]  Since the 2008 market crash, I have helped a lot of people fight foreclosures and gained a lot of experience in the process,
[47:15.700 --> 47:26.700]  most of which will not be terribly useful this time because the whole circumstance is different.
[47:26.700 --> 47:32.700]  The scam that went on that was created by the banks the last time is not in place this time.
[47:32.700 --> 47:39.700]  So this time we really won't be at direct odds with the banks so much as we were.
[47:39.700 --> 47:52.700]  So one thing I hope I can help people do is shift gears and realize that this time there are no bad guys
[47:52.700 --> 47:56.700]  at least in the private and commercial sectors.
[47:56.700 --> 48:07.700]  Now we can claim that our public officials are bad guys because of the way they responded to the corona pandemic
[48:07.700 --> 48:11.700]  and their draconian methods created this mess.
[48:11.700 --> 48:18.700]  But those guys aren't going to be able to fix the mess they created, which is pretty well standard for government.
[48:18.700 --> 48:29.700]  When I was in the military overseas, we had the Spooks, the cap coming by, the CIA,
[48:29.700 --> 48:35.700]  and these guys would come in and create these horrendous messes.
[48:35.700 --> 48:41.700]  And then they would pick up their marbles and go home and leave us to clean up the mess, standard.
[48:41.700 --> 48:45.700]  So this is essentially what the government is doing now.
[48:45.700 --> 48:56.700]  The governors are trying to do things to make it appear as though they're doing the right thing for the public.
[48:56.700 --> 48:59.700]  But they don't really care if they're doing the right thing for the public or not.
[48:59.700 --> 49:06.700]  They really care about whether appearances, whether or not it appears they're doing the right thing for the public.
[49:06.700 --> 49:15.700]  And when things really crash, they will dance around, dance around and claim that they're trying to do things for us.
[49:15.700 --> 49:22.700]  But those no-good Democrats, they're blocking everything we're trying to do.
[49:22.700 --> 49:29.700]  And the Democrats will say, yeah, we're trying to help you out, but those no-good Republicans are blocking everything we're trying to do.
[49:29.700 --> 49:34.700]  Both will blame the other, neither will do anything.
[49:34.700 --> 49:36.700]  Because there's not much they can do.
[49:36.700 --> 49:40.700]  They created something they can't fix, only we can fix it.
[49:40.700 --> 49:53.700]  So putting a site together, that will aggregate all the different strategies and remedies that are available.
[49:53.700 --> 49:58.700]  Now, don't misunderstand, I have no sympathy for the banks.
[49:58.700 --> 50:06.700]  But in this case, we can use the banks to mitigate the harm to the public,
[50:06.700 --> 50:12.700]  because this time the banks stand to lose money rather than gain money.
[50:12.700 --> 50:15.700]  So they'll be more amenable to remedy.
[50:15.700 --> 50:21.700]  One of the first things we want to lead people to is refinance.
[50:21.700 --> 50:24.700]  But not everybody qualifies for refinance.
[50:24.700 --> 50:39.700]  So I'll be going to the banks and going to their underwriting section and say, okay, how do you need someone positioned when they come to you for refinance?
[50:39.700 --> 50:42.700]  What do you need from them?
[50:42.700 --> 50:51.700]  And what circumstance do they need to be in so that you could provide them with a refinance?
[50:51.700 --> 50:56.700]  And I'll build into this questionnaire questions that extract that information.
[50:56.700 --> 51:06.700]  And when the answers show that they qualify for refinance, then we refer them to their bank and a list of other banks.
[51:06.700 --> 51:19.700]  We produce an audit that contains all the information the bank needs to justify a refinance.
[51:19.700 --> 51:28.700]  And we send this audit to a number of banks as a solicitation for services.
[51:28.700 --> 51:39.700]  And in this way, the individual gets offers from a number of banks to refinance this note, because this is an opportunity.
[51:39.700 --> 51:42.700]  It's a problem for the banks, but it's also an opportunity.
[51:42.700 --> 51:46.700]  Like I do business with Wells Fargo and Simmons.
[51:46.700 --> 51:50.700]  Simmons is a relatively small bank compared to Wells Fargo.
[51:50.700 --> 52:04.700]  So I'm going to Simmons and say, look guys, give me your criteria so that I get someone from Wells Fargo and Wells Fargo is being forced into foreclosing on them.
[52:04.700 --> 52:09.700]  And they have equity in their property and they meet your criteria.
[52:09.700 --> 52:18.700]  So I want to send this person to you so that you can take the Wells Fargo loan and flip it over.
[52:18.700 --> 52:32.700]  Move these guys do a refinance and take over that loan, take it away from Wells Fargo or do a HELOC and let the person use, in both cases, refinance their HELOC home equity loan.
[52:32.700 --> 52:42.700]  You pay off the mortgage and you have equity in the home to cover any arrearages.
[52:42.700 --> 52:51.700]  So we bring them back to an even starting point and the one bank gets to take business from the other bank.
[52:51.700 --> 52:53.700]  And they love to do that.
[52:53.700 --> 53:19.700]  So we do that for home equity or HELOC and then also we, if the person is positioned to where they qualify for a loan modification, then we notify people out there who help borrowers get a loan modification.
[53:19.700 --> 53:31.700]  I'm not going to suggest people do this themselves. It's just too complex and your home is far too important for you to risk trying to do this process.
[53:31.700 --> 53:41.700]  The judges hate process, they screw process at every opportunity and if it were a traffic ticket, by all means go and process.
[53:41.700 --> 53:50.700]  But don't risk your house or you can fight it yourself. Get a professional, but we'll find professionals and we'll monitor those professionals.
[53:50.700 --> 54:19.700]  And also if it's a case where the bank will consider a mediation, then we will develop the information needed so that the show that they can qualify for a mediated settlement, produce all the information the bank needs so they can come to the table and mediate a settlement.
[54:19.700 --> 54:30.700]  And there are also a lot of programs already in existence that are supported by the federal government and by each of the states.
[54:30.700 --> 54:52.700]  Each state has a large number of different programs that help people in different groups and categories. We will determine what the qualifications for each of these are and then insert questions that are specific to each one of these into our questionnaire.
[54:52.700 --> 55:08.700]  So as a person goes through the questionnaire, the questionnaire will flag when they qualify for a specific remedy and then make that remedy available to them and give them options to seek it.
[55:08.700 --> 55:25.700]  Forclosure is complex. This is the biggest investment any single person would ever make and the vast majority of the public are just not sophisticated in these areas of real estate.
[55:25.700 --> 55:39.700]  So we will try to take those people who are sophisticated and give them reason to make their sophistication available to us so we can include it in our questionnaire.
[55:39.700 --> 55:52.700]  And their reason for doing that is we will potentially bring them well qualified prospects so they can do more business. Everybody wins here.
[55:52.700 --> 55:55.700]  At least that's the idea.
[55:55.700 --> 56:02.700]  My phone lines are open. The call boards are empty for some reason. I checked the call boards and they are working.
[56:02.700 --> 56:09.700]  So if you have a question or comment, give us a call. We'll be taking your calls all night.
[56:09.700 --> 56:15.700]  If I don't get any calls, I will probably make two hours on this voice.
[56:15.700 --> 56:26.700]  My voice is straining already for some reason. We didn't get prepared tonight. So if I don't have any calls by the next hour, I will put in a archive.
[56:26.700 --> 56:33.700]  But when we come back on the other side, I've had people wanting me to talk about due process.
[56:33.700 --> 56:49.700]  So when we come back, I'm going to go into due process but more an aggressive form of due process. Generally, due process is passive.
[56:49.700 --> 57:01.700]  We wait for them to do something that denies one of our due process rights and then we take action to get remedy for that due process violation.
[57:01.700 --> 57:25.700]  Well, that's one way of doing due process but I have a process that's a little more, shall we say, proactive in that we go to great pains to give ample opportunity to our public officials to deny us that our due process rights.
[57:25.700 --> 57:34.700]  And in this circumstance, it's where I talk about the best fight tabs, the one you picked.
[57:34.700 --> 57:56.700]  So where we have our public officials acting outside the strict adherence to the rules and regulations governing their behavior, then we go in and give them opportunity to do the wrong thing so that we could land on them like a ton of bricks.
[57:56.700 --> 58:16.700]  And once you've done this a time or two, you will find out just how much fun it can be and more important to that than that, you will find out how very powerful it can be as an agent of positive change for all of us.
[58:16.700 --> 58:30.700]  I'm a grandpa and what I'm not here anymore, I want to leave this system to my children and grandchildren in better shape than I've received it.
[58:30.700 --> 58:34.700]  My progress hasn't been so good up until this time.
[58:34.700 --> 58:38.700]  I'm hoping we can improve and I'll need your help to do it.
[58:38.700 --> 58:50.700]  God, Randy Kelton, we'll have our radio. I'll call in number 5126461984. We'll be right back.
[58:50.700 --> 59:13.700]  If you'd like to make more definite progress in your walk with God, Bibles for America is offering a free study Bible and a set of free Christian books that can really help. The New Testament recovery version is one of the most comprehensive study Bibles available today. It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.700 --> 59:27.700]  Free books are a three-volume set called Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:27.700 --> 59:49.700]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[59:57.700 --> 01:00:04.700]  To follow in these flashes brought to you by The Lone Star Lowdown.
[01:00:27.700 --> 01:00:56.700]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade.
[01:00:56.700 --> 01:01:00.700]  Killing 10 and entering 40. Today in history.
[01:01:00.700 --> 01:01:24.700]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing HEPA to tax his law back in June, county prosecutors around the state, including Houston, Austin and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.700 --> 01:01:33.700]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.700 --> 01:02:01.700]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities too, like the district attorney in El Paso, Kaima Esparza, a Democrat who also stated earlier this month that the law will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.700 --> 01:02:12.700]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:12.700 --> 01:02:22.700]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.700 --> 01:02:38.700]  The paper by Tulane University identified a five and a half inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:38.700 --> 01:02:53.700]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:53.700 --> 01:03:09.700]  This is Ruth Rodeo with a lowdown from July 22, 2019.
[01:03:23.700 --> 01:03:43.700]  Okay, we are back to Randy Kelton, rule of law radio on this Friday, the 11th day of September, 2020.
[01:03:43.700 --> 01:03:57.700]  I do have a caller debating whether to do due process or do the caller, but my voice is kind of giving out a little bit, so I'm going to go to Danny to see if I can't give this voice a little rest.
[01:03:57.700 --> 01:03:58.700]  Hello, Danny.
[01:03:58.700 --> 01:04:02.700]  What do you have for us today?
[01:04:02.700 --> 01:04:23.700]  I want to find out what you have on hand about maybe a habeas corpus for lack of court jurisdiction. I was in a challenge of jurisdiction and the judge conducted it as if it were defendant's motion to prove lack of jurisdiction.
[01:04:23.700 --> 01:04:41.700]  So he just really denied it after that little exercise, but as I understand from things you said before, that when jurisdiction is challenged, they don't have jurisdiction until the court proves it up, and it's not the prosecutor's job.
[01:04:41.700 --> 01:04:53.700]  It's the judge's duty. It's a threshold issue. The judge must prove it, but I'm finding these judges, they just don't seem to understand subject matter jurisdiction.
[01:04:53.700 --> 01:05:14.700]  And if the judge denied your subject matter jurisdiction charge, that is a, what do you call it case? It's a, oh, lost word, the term where it dismisses the case.
[01:05:14.700 --> 01:05:25.700]  Danny, what's the term for a case that will end the trial?
[01:05:25.700 --> 01:05:35.700]  I completely lost it. Anyway, if you get a positive ruling on subject matter jurisdiction, then the trial goes away.
[01:05:35.700 --> 01:05:54.700]  So it's, it would be inappropriate to continue with the trial when a subject matter jurisdiction issue is in question. So this is open for a petition for it a mandamus.
[01:05:54.700 --> 01:06:05.700]  It's a petition to the next higher court. And well, are you in a county court or a municipal or JP court?
[01:06:05.700 --> 01:06:08.700]  It's more like a district court.
[01:06:08.700 --> 01:06:09.700]  Oh, okay.
[01:06:09.700 --> 01:06:12.700]  Then a petition.
[01:06:12.700 --> 01:06:14.700]  Criminal trial court.
[01:06:14.700 --> 01:06:22.700]  Okay. Criminal trial court, then you petition to the court of appeals for a written mandamus.
[01:06:22.700 --> 01:06:50.700]  The last time I did this, I filed a petition for written mandamus and claimed that the appellate court lacked jurisdiction as the trial court lacked jurisdiction and asked the appellate court to rule that
[01:06:50.700 --> 01:07:03.700]  neither the trial court nor the court of appeals has jurisdiction in the case because they did not prove up subject matter jurisdiction.
[01:07:03.700 --> 01:07:15.700]  If the trial court doesn't have subject matter jurisdiction, it subject matter jurisdiction cannot move to the court of appeals. And that's why I made the argument that way.
[01:07:15.700 --> 01:07:30.700]  That neither one of them have it. The only thing the court of appeals can do is dismiss either they rule that they do have jurisdiction or they must dismiss the case.
[01:07:30.700 --> 01:07:39.700]  Okay. Well, maybe past that point because supposedly, you know, how long ago was this ruling? No, no, no.
[01:07:39.700 --> 01:07:48.700]  Oh, yeah, maybe appeals. How long ago did the judge make this ruling? About March, I think.
[01:07:48.700 --> 01:07:58.700]  Oh, then you're past that point. Actually, it's questionable about subject matter jurisdiction.
[01:07:58.700 --> 01:08:09.700]  Since it is subject matter jurisdiction. Oh, the word I was looking for was dispositive. It would dispose of the case.
[01:08:09.700 --> 01:08:26.700]  Go ahead and I would go ahead and file a petition for a written mandamus asking the court of appeals to dismiss the case for lack of jurisdiction.
[01:08:26.700 --> 01:08:41.700]  On her, they certainly stopped these guys in their tracks. And we actually won the last one we filed.
[01:08:41.700 --> 01:08:50.700]  So I guess you got that paperwork on hand somewhere. I could send you an email to remind you and you could pass that back to me.
[01:08:50.700 --> 01:09:09.700]  Yes, I have a 50 gig research file with a whole folder on Mandam on subject matter jurisdiction, but at the moment I can't find it.
[01:09:09.700 --> 01:09:17.700]  You have to be careful with Dropbox. Dropbox wiped it. And I know I've got to drive around here with it on there somewhere.
[01:09:17.700 --> 01:09:25.700]  I'll try to search it out. Yes, send me an email to remind me about it and I will look through my phone.
[01:09:25.700 --> 01:09:29.700]  I need to find that thing anyway. So I'll look through my stuff and see if I can find it.
[01:09:29.700 --> 01:09:33.700]  A 50 gig folder should not be that hard to find.
[01:09:33.700 --> 01:09:35.700]  Yeah.
[01:09:35.700 --> 01:09:45.700]  The problem is we've got part of my computer equipment in Tennessee and part of it here in Texas and always the one I need is where I'm not.
[01:09:45.700 --> 01:09:48.700]  Uh-huh.
[01:09:48.700 --> 01:09:53.700]  Okay, do you have anything else?
[01:09:53.700 --> 01:10:01.700]  Well, maybe some of it that we started last week about the definition of vehicle and brake motor vehicle being the same thing.
[01:10:01.700 --> 01:10:07.700]  We have talked about that probably 10 times. I think we have beat that.
[01:10:07.700 --> 01:10:14.700]  Smooth to death. I don't know what else we could say about that.
[01:10:14.700 --> 01:10:18.700]  We have something new on that.
[01:10:18.700 --> 01:10:26.700]  Well, no, just like we have quite got to the finishing the analysis of it.
[01:10:26.700 --> 01:10:31.700]  We need more case law to finish the analysis of it.
[01:10:31.700 --> 01:10:35.700]  We're able to do is talk about it.
[01:10:35.700 --> 01:10:48.700]  I mean, the last time we talked, there was this question about what transportation meant. Have you dug out transport and transportation?
[01:10:48.700 --> 01:10:58.700]  Well, transportation, not a fine transport particularly defined in legal dictionaries or in the statutes or anything.
[01:10:58.700 --> 01:11:13.700]  Well, that was a question we had at the last time we spoke about it because the statutes you were referring to, the transportation was defined using the term transport.
[01:11:13.700 --> 01:11:27.700]  No, transport was used in a definition. I inferred it to mean provide transportation and transportation is specified as being commercial.
[01:11:27.700 --> 01:11:34.700]  That was an issue we didn't have sorted out and we need case law to do that.
[01:11:34.700 --> 01:11:37.700]  Well, all we can do is speculate.
[01:11:37.700 --> 01:11:47.700]  Yeah, I've looked some for case law and I don't really find, you know, there's places where they cite the definition but they don't go into analyzing it.
[01:11:47.700 --> 01:11:58.700]  And, you know, the other thing about it was freight motor vehicle is the exact same thing as vehicle, because they're defined together in the same sentence.
[01:11:58.700 --> 01:12:14.700]  And wasn't vehicle defined as anything, okay, here was I think one of the questions, anything drawn or pulled?
[01:12:14.700 --> 01:12:19.700]  Let's see if I can find it here. Yeah, he has those words in it.
[01:12:19.700 --> 01:12:25.700]  I think drawn was the word that we tripped over.
[01:12:25.700 --> 01:12:38.700]  No, I don't think that's any big problem because it's just, you know, like a trader being drawn or pulled.
[01:12:38.700 --> 01:12:44.700]  Oh, okay, in order to address that, we'd have to have those statutes back out so we could reread them.
[01:12:44.700 --> 01:12:47.700]  Well, you know, I'm trying to find it right here.
[01:12:47.700 --> 01:12:55.700]  We need more case law to clear out these unclear places because all we can do is speculate about them.
[01:12:55.700 --> 01:13:01.700]  Well, I look for case law. I just don't really find it where they get into the specifics I'm talking about.
[01:13:01.700 --> 01:13:23.700]  Then we're at a position here where we can't definitively state that the regulations we're speaking to only go to transportation unless we can prove that it only goes to transportation.
[01:13:23.700 --> 01:13:32.700]  So now we're in an empty area, then if we don't have case law, we need to file an action to get that specifically defined.
[01:13:32.700 --> 01:13:38.700]  Yeah, I thought I'd talk about that too.
[01:13:38.700 --> 01:13:42.700]  That's the kind of thing the Supremes will pick up.
[01:13:42.700 --> 01:13:46.700]  Yeah.
[01:13:46.700 --> 01:13:51.700]  Okay, well, I'll work on that a bit more and talk to you next week probably.
[01:13:51.700 --> 01:13:54.700]  Okay, thank you, Danny.
[01:13:54.700 --> 01:13:56.700]  All right.
[01:13:56.700 --> 01:14:00.700]  Okay, we do have another caller we have.
[01:14:00.700 --> 01:14:11.700]  I don't have the name in my database. You're from California 425 area code. Who do we have here?
[01:14:11.700 --> 01:14:13.700]  Hello, Randy, can you hear me?
[01:14:13.700 --> 01:14:17.700]  Yes, I can hear you. Give me your first name to work with.
[01:14:17.700 --> 01:14:23.700]  Yes, it's from Washington. I'm using a different number to call you tonight. That's why you don't have me.
[01:14:23.700 --> 01:14:26.700]  Oh, okay.
[01:14:26.700 --> 01:14:31.700]  So I didn't confuse you with Ted from California.
[01:14:31.700 --> 01:14:37.700]  No, I was actually expecting Ted from California to call, but he hasn't yet.
[01:14:37.700 --> 01:14:41.700]  Okay, what do you have for us today?
[01:14:41.700 --> 01:14:53.700]  So I'm trying to help a relative with their traffic ticket case. Is there something I should do if I want to communicate with the clerk, the court clerk on their behalf?
[01:14:53.700 --> 01:14:59.700]  Do I need a power of attorney because it's not my case and it's my relative case?
[01:14:59.700 --> 01:15:03.700]  Well, it depends on what you want to communicate to the clerk.
[01:15:03.700 --> 01:15:12.700]  For example, I want them, so I want to submit a Brady request and then I want that information to be forwarded to me.
[01:15:12.700 --> 01:15:18.700]  I mean, would the situation be like a public record or is available to anybody that asked for it?
[01:15:18.700 --> 01:15:22.700]  No, you can't do that.
[01:15:22.700 --> 01:15:31.700]  Unless you're a lawyer and you're the lawyer of record, you can't do that. You have no standing.
[01:15:31.700 --> 01:15:38.700]  Okay, but they could still submit a Brady request on their own behalf, just nobody else.
[01:15:38.700 --> 01:15:55.700]  That's questionable as to whether or not the court would have any duty to deal with someone other than the accused or the accused attorney.
[01:15:55.700 --> 01:15:59.700]  Okay, I understand. I just needed that point of clarification.
[01:15:59.700 --> 01:16:10.700]  Does this mean that the person you're trying to help is not someone through whom you could pass these documents?
[01:16:10.700 --> 01:16:16.700]  No, it doesn't mean that. I certainly can pass it through them.
[01:16:16.700 --> 01:16:32.700]  Okay, because you can file documents in the court record. You don't have to be the attorney or anything. You can just take them down there. Tell the clerk to file these and they can say who are you and you can tell them none of your business.
[01:16:32.700 --> 01:16:34.700]  Just file them.
[01:16:34.700 --> 01:16:48.700]  They don't have anything to say about that, but as to them responding to you like for sending information, I mean discovery to you, that's not going to happen.
[01:16:48.700 --> 01:16:59.700]  Hang on. About to go to our sponsors. Randy Kelton, Wheel of Law Radio, our call in number 512-646-1984. We'll be right back.
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[01:19:13.460 --> 01:19:14.460]  Alright, we are back.
[01:19:14.460 --> 01:19:29.700]  Randy Kelton, Rularar Radio on this Friday the 11th day of September 2020.
[01:19:29.700 --> 01:19:40.020]  2020 and we're talking to Ted in Washington okay Ted what else thank you
[01:19:40.020 --> 01:19:43.940]  for holding me that was pretty much it thank you for holding me over but I am
[01:19:43.940 --> 01:19:49.980]  very satisfied and you did clarify my question okay well thank you very much
[01:19:49.980 --> 01:19:55.820]  and now we're going to go to Robert in California and Robert I know you have
[01:19:55.820 --> 01:20:15.780]  been annoying someone okay women women just don't appreciate us guys they
[01:20:15.780 --> 01:20:22.700]  they don't understand us they they never think we're as funny as we do us poor
[01:20:22.700 --> 01:20:30.060]  guys we feel so sorry for us but then we have to because women won't but but
[01:20:30.060 --> 01:20:36.700]  that's okay because we are really good at it okay what do you have for us tonight
[01:20:36.700 --> 01:20:46.340]  Robert I've got some questions I was in court and I told the judge I was making
[01:20:46.340 --> 01:20:52.420]  a special appearance here today and he said sir you're not making a special
[01:20:52.420 --> 01:20:59.500]  appearance you're here and I read that you did I'm making a special appearance
[01:20:59.500 --> 01:21:07.820]  today and he said with her who the way I generally say that is I'm here at arms
[01:21:07.820 --> 01:21:17.820]  link to the court by special appearance anyway go ahead and then when then he
[01:21:17.820 --> 01:21:24.540]  says oh there you go so then he I asked he said for who and so that's okay I've
[01:21:24.540 --> 01:21:31.860]  got you know all right and then I had another some problems I got the
[01:21:31.860 --> 01:21:37.900]  transcript from the court okay wait a minute before we pass special appearance
[01:21:37.900 --> 01:21:50.140]  how did you get to special appearance okay let me explain why I asked that
[01:21:50.140 --> 01:21:57.900]  question a special appearance is a parent and appearance to challenge in
[01:21:57.900 --> 01:22:05.620]  personum jurisdiction and it must be the first thing you do you cannot wave
[01:22:05.620 --> 01:22:12.060]  subject matter jurisdiction but you can wave in personum jurisdiction
[01:22:12.060 --> 01:22:16.740]  jurisdiction over yourself the person
[01:22:18.420 --> 01:22:24.820]  does that make sense so in other words before I speak I need to do that I mean
[01:22:24.820 --> 01:22:29.940]  that's the first thing I actually tell all yeah it was this your first time in
[01:22:29.940 --> 01:22:36.900]  in court on this issue no okay this has to be done the first time in court on
[01:22:36.900 --> 01:22:44.180]  this issue there can be other motions but the challenge to in personum
[01:22:44.180 --> 01:22:52.100]  jurisdiction must be made at the first hearing in the in the court like if
[01:22:52.100 --> 01:22:58.660]  you're called in for an arraignment first thing must be special appearance
[01:22:58.660 --> 01:23:02.940]  here at our I'm here at arms link to the court by special appearance to
[01:23:02.940 --> 01:23:07.340]  challenge in personum jurisdiction of the court that's why the judge was
[01:23:07.340 --> 01:23:14.340]  confused well I did that I'm the first time I was in court with these guys
[01:23:14.340 --> 01:23:21.660]  well then he went on to say he said for who and I said I'm challenging the
[01:23:21.660 --> 01:23:27.780]  jurisdiction and the proceedings and he his answer was sir I'd be glad to help
[01:23:27.780 --> 01:23:38.940]  you do that however you need to have either an attorney or represent you on
[01:23:38.940 --> 01:23:46.620]  this case or you can represent yourself but to bring a motion like this so he's
[01:23:46.620 --> 01:23:52.020]  telling me that I have to have an attorney to bring a challenge to the
[01:23:52.020 --> 01:23:58.500]  jurisdiction of the proceedings or you can represent yourself to bring a
[01:23:58.500 --> 01:24:10.380]  motion like this so I thought they had a point you know that's the guy in
[01:24:10.380 --> 01:24:16.100]  Pennsylvania so no no you pointed me one this is so this is the one where
[01:24:16.100 --> 01:24:21.700]  they're trying to deny you they changed the charges to deny you a lawyer
[01:24:21.700 --> 01:24:27.580]  correct yes but this is in an earlier hearing I'm going I was going through the
[01:24:27.580 --> 01:24:32.540]  I just got the transcript for it in the audio and there's discrepancies between
[01:24:32.540 --> 01:24:39.260]  the audio and the transcript and my recording so that's I'm trying to get
[01:24:39.260 --> 01:24:45.940]  to the bottom one okay here's a problem the judge had because you were at arms
[01:24:45.940 --> 01:24:52.620]  length to the court so you were not representing yourself in court at this
[01:24:52.620 --> 01:25:01.340]  time you were challenging the ability of the court to rule over you at all right
[01:25:01.340 --> 01:25:05.500]  so the judge the judge lied to you that should get a criminal complaint against
[01:25:05.500 --> 01:25:10.780]  him hang on here I got it I got it
[01:25:10.780 --> 01:25:20.620]  malfunction I got okay okay I'm sorry Randy I the laptop came on and I couldn't
[01:25:20.620 --> 01:25:25.300]  hear you so go ahead I'm sorry okay but that was a subject matter jurisdiction
[01:25:25.300 --> 01:25:31.460]  challenge that should get criminal charges against him for failing to
[01:25:31.460 --> 01:25:35.700]  properly apply the law to the facts the fact is you challenge subject matter
[01:25:35.700 --> 01:25:41.820]  jurisdiction sure subject matter jurisdiction can be challenged at any
[01:25:41.820 --> 01:25:47.060]  time and he denied you in your right to challenge subject matter jurisdiction
[01:25:47.060 --> 01:25:52.500]  and there's nothing in law that says you have to have an attorney to challenge
[01:25:52.500 --> 01:26:01.740]  subject matter jurisdiction okay and you're not representing yourself because
[01:26:01.740 --> 01:26:09.540]  yourself is not before the court yet you are at arms length to the court okay so
[01:26:09.540 --> 01:26:14.460]  file a judicial conduct complaint a criminal complaint against a judge for
[01:26:14.460 --> 01:26:23.340]  denying you process okay all right oh and the judicial conduct complaint for
[01:26:23.340 --> 01:26:35.180]  being incompetent that'll hurt his feelings okay and I can't seem to get my
[01:26:35.180 --> 01:26:43.380]  after this that happened then they assigned me a public defender then he
[01:26:43.380 --> 01:26:52.780]  he lowered the from misdemeanor to an infraction the charges and but that's
[01:26:52.780 --> 01:26:57.940]  another problem I have is they did that but the law says that they have to get
[01:26:57.940 --> 01:27:04.900]  my consent to do that and they so Scott did you did you file a judicial
[01:27:04.900 --> 01:27:10.500]  conduct complaint against a judge for that and a criminal complaint and what
[01:27:10.500 --> 01:27:18.220]  would that criminal complaint before the denial of due process okay all right
[01:27:18.220 --> 01:27:24.420]  okay you have a right to an expectation of the equal protection of the laws and
[01:27:24.420 --> 01:27:29.580]  if the laws forbid them from doing a thing and they do that thing they've
[01:27:29.580 --> 01:27:37.580]  denied you due process okay yeah I kind of figured there was something going on
[01:27:37.580 --> 01:27:47.500]  that I could do yeah criminals the best that makes some nuts okay they act like
[01:27:47.500 --> 01:27:52.500]  they don't care but it they do it makes them crazy it's like they're playing
[01:27:52.500 --> 01:27:58.460]  Russian roulette with their careers you know they they think all my buddies here
[01:27:58.460 --> 01:28:04.420]  are going to protect me but one of one of them is peoed at me and actually gives
[01:28:04.420 --> 01:28:08.900]  the complaint to the grand jury I could be toast
[01:28:08.900 --> 01:28:19.700]  hmm so it's my strategy to file them quick file them often but I just had
[01:28:19.700 --> 01:28:24.380]  someone call me about criminal complaints they were filing in Tarrant
[01:28:24.380 --> 01:28:33.260]  County and told her to make sure she doesn't mention my name down there and
[01:28:33.260 --> 01:28:37.700]  if she gets to the grand jury room to look to see if my picture is still
[01:28:37.700 --> 01:28:45.900]  hanging up in there I had a friend whose son-in-law was a sergeant on the
[01:28:45.900 --> 01:28:51.980]  Tarrant County Sheriff's Department and he got grand jury duty and he came to
[01:28:51.980 --> 01:28:59.140]  Jim and then Jim came to me and said Danny wanted to know what your picture is
[01:28:59.140 --> 01:29:05.180]  doing hanging up in the grand jury room with a note that says if you see this
[01:29:05.180 --> 01:29:17.380]  man call security I don't know they like me anyway they just got no sense of
[01:29:17.380 --> 01:29:21.300]  humor but you need you need them to to want to hang your picture up in there
[01:29:21.300 --> 01:29:37.860]  as well it works I'm not hearing you still there Robert I think I may have
[01:29:37.860 --> 01:29:44.060]  lost Robert I will try to pick him back up on the other side Robert if you can
[01:29:44.060 --> 01:29:49.500]  hear me I can't hear you and try hanging up and call it back in Randy
[01:29:49.500 --> 01:30:01.340]  Calhoun route of law radio I call in number 512646 1984 we'll be right back
[01:30:01.340 --> 01:30:07.180]  sorry soft drink lovers even diet drinks can make you fat a new study shows the
[01:30:07.180 --> 01:30:10.820]  diet soda drinkers gain much more weight than people who avoid the stuff
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[01:30:15.220 --> 01:30:20.700]  skinny sodas privacy is under attack when you give up data about yourself
[01:30:20.700 --> 01:30:24.940]  you'll never get it back again and once your privacy is gone you'll find your
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[01:31:24.220 --> 01:31:28.380]  Dr. Katherine Albrecht more news and information at Catherine Albrecht dot
[01:31:28.380 --> 01:31:35.260]  com this is building seven a 47 story skyscraper that fell on the afternoon of
[01:31:35.260 --> 01:31:39.500]  September 11 the government says that fire brought it down however 1500
[01:31:39.500 --> 01:31:44.020]  architects and engineers concluded it was a controlled demolition over 6,000 my
[01:31:44.020 --> 01:31:47.460]  fellow service members have given their lives of thousands of my fellow force
[01:31:47.460 --> 01:31:51.300]  responders applying I'm not a conspiracy theorist structural engineer in New
[01:31:51.300 --> 01:31:55.020]  York City correctional I'm an Air Force pilot and the father who lost his son
[01:31:55.020 --> 01:31:59.820]  we're Americans and we deserve the truth go to remember building seven dot org
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[01:33:30.580 --> 01:33:43.180]  okay we are back Randy Kelton rule of law radio on this Friday the 11th day of
[01:33:43.180 --> 01:33:49.900]  September 2020 and we're talking to Robert in California hello Robert are
[01:33:49.900 --> 01:33:59.540]  you there I'm here oh good gotcha okay my next question is about a written
[01:33:59.540 --> 01:34:11.060]  objections do you have any insight for me on that or yes somewhere I have a set
[01:34:11.060 --> 01:34:18.220]  of standard written objections if I don't have it myself I know Ken Magnuson
[01:34:18.220 --> 01:34:24.460]  will have it where you there are a number of things that you would want to
[01:34:24.460 --> 01:34:33.740]  object to before things start I have a document on the traffic website that is
[01:34:33.740 --> 01:34:40.340]  what I call the or what can call the mother Hubbard objection and the mother
[01:34:40.340 --> 01:34:44.700]  Hubbard objection is a note notice to the court that you preserve all your
[01:34:44.700 --> 01:34:51.940]  rights you do not wave any right unless that right right is waved in court
[01:34:51.940 --> 01:35:01.980]  after full disclosure from the court free of coercion in writing and it has a
[01:35:01.980 --> 01:35:11.420]  whole list of specific rights that you demand if I don't have a written
[01:35:11.420 --> 01:35:19.860]  objection document I can certainly need one and I can find one okay can I go
[01:35:19.860 --> 01:35:26.100]  on the traffic website and download that mother Hubbard yes you can just go on
[01:35:26.100 --> 01:35:33.060]  and put in any ticket information it can be garbage best if you put in
[01:35:33.060 --> 01:35:38.900]  information with your name and stuff on it because sometimes names are embedded
[01:35:38.900 --> 01:35:48.460]  in the documents somewhere you've got a the header the first paragraph will have
[01:35:48.460 --> 01:35:55.100]  your name in it the the at the end the signature section at the end will have
[01:35:55.100 --> 01:36:01.700]  it it's difficult to service the verification there it's peppered all
[01:36:01.700 --> 01:36:05.980]  through there so it's better if you put in actual information and then it'll
[01:36:05.980 --> 01:36:12.300]  spit it out with all that information in there is that in the preservation of
[01:36:12.300 --> 01:36:22.180]  rights document yes okay well I've got that in front of them already but they
[01:36:22.180 --> 01:36:28.540]  denied that and then I resubmit I changed a few words and resubmitted it
[01:36:28.540 --> 01:36:35.180]  and they're supposed to address that Monday morning so it's gonna be
[01:36:35.180 --> 01:36:42.460]  interesting to see what they ask the judge to address each issue and if he's
[01:36:42.460 --> 01:36:49.340]  going to deny it deny each issue with specificity and ask the judge for
[01:36:49.340 --> 01:37:00.140]  findings of fact and conclusions at law for each ruling I have a case that we
[01:37:00.140 --> 01:37:07.460]  talk about on the air on occasion is a packer driver packer v driver I just
[01:37:07.460 --> 01:37:14.620]  found it I was looking at his suit against the governor by a lawyer Woodfield
[01:37:14.620 --> 01:37:25.260]  in Houston and he referenced the polyamerica v somebody and polyamerica v
[01:37:25.260 --> 01:37:33.060]  whoever this was referenced packer driver and what it went to is in order to
[01:37:33.060 --> 01:37:40.580]  file a petition for rid of mandamus you must be able to show that the judge
[01:37:40.580 --> 01:37:50.660]  abused his discretion and if a judge abuses discretion and this wasn't in
[01:37:50.660 --> 01:37:57.140]  the case law but if a public official abuses his discretion and in the process
[01:37:57.140 --> 01:38:03.420]  denies the citizen in the full and free access to her enjoyment of a right well
[01:38:03.420 --> 01:38:07.620]  that's official oppression in every state I'm sorry it's official misconduct in
[01:38:07.620 --> 01:38:14.100]  every state except Texas in which case it's official oppression and it's a
[01:38:14.100 --> 01:38:22.740]  class A misdemeanor in every state and it's a class A misdemeanor in the Fed what
[01:38:22.740 --> 01:38:31.220]  we what we haven't been doing is taking these judges to criminal tasks they
[01:38:31.220 --> 01:38:40.460]  know they're immune they've got absolute immunity not they don't have any
[01:38:40.460 --> 01:38:47.020]  immunity from committing crimes because crimes from the bench or anywhere else
[01:38:47.020 --> 01:38:55.100]  are not within the scope of the judge's authority we have a great case on that
[01:38:55.100 --> 01:39:02.540]  out of El Paso Texas a sheriff's deputy picked a 19-year-old girl up at the sea
[01:39:02.540 --> 01:39:07.900]  of El Paso jail and transported her to the county jail and decided to have
[01:39:07.900 --> 01:39:15.900]  himself a little recreation on the way and raped her he was sued in the civil
[01:39:15.900 --> 01:39:23.820]  court and he was prosecuted and in the civil court he claimed qualified
[01:39:23.820 --> 01:39:28.980]  immunity because he was acting in the scope of his authority as a sheriff's
[01:39:28.980 --> 01:39:37.140]  deputy of transporting a prisoner and the judge said no rape is not within scope
[01:39:37.140 --> 01:39:44.100]  so committing a criminal act is not within the scope of any public official
[01:39:44.100 --> 01:39:50.860]  and if a public official abuses his discretion and in the process denies
[01:39:50.860 --> 01:39:59.300]  you in a right let's cry and there is no immunity for committing crimes even on
[01:39:59.300 --> 01:40:07.820]  the bench so while he's pretty sure that the prosecutor won't allow that
[01:40:07.820 --> 01:40:14.060]  complaint to get to the grand jury he's dealing with a no-good rotten
[01:40:14.060 --> 01:40:20.180]  process and they may actually take you the grand jury themselves and what if it
[01:40:20.180 --> 01:40:25.940]  gets to a grand jury and there's a grand jury member on there who had a daughter
[01:40:25.940 --> 01:40:34.460]  before him and he screwed the daughter around and the guys upset at him even
[01:40:34.460 --> 01:40:38.380]  if he didn't screw the daughter around said the guy didn't get a ruling he
[01:40:38.380 --> 01:40:45.820]  wanted he's upset at the judge he could turn the whole grand jury on him who
[01:40:45.820 --> 01:40:50.540]  wants to play Russian roulette with their career
[01:40:50.540 --> 01:40:57.060]  judges think they're immune they're not and that Packer v. Driver was a great
[01:40:57.060 --> 01:41:04.660]  one I would like to find a California version of Packer Driver so the place
[01:41:04.660 --> 01:41:14.660]  to look would be under justification for a written endemis okay and because when
[01:41:14.660 --> 01:41:20.500]  I found it it was saying that in order to petition for mandamus you have to show
[01:41:20.500 --> 01:41:30.660]  an abuse of discretion and if I get abuse of discretion I also got criminal that
[01:41:30.660 --> 01:41:33.540]  would be fun
[01:41:34.900 --> 01:41:48.660]  all right no I'll look into that oh oh also the prosecutor should get a bar
[01:41:48.660 --> 01:41:57.060]  grievance because the bar association standards for the prosecution function
[01:41:57.060 --> 01:42:04.140]  require that the prosecutor give notice to the judge when he's screwing up
[01:42:04.140 --> 01:42:11.620]  instead of giving notice the prosecutors encourage the judge to screw up so
[01:42:11.620 --> 01:42:19.980]  every time he screws up you can bar grieve the prosecutor and potentially
[01:42:19.980 --> 01:42:26.180]  charge the prosecutor with acting in concert and collusion
[01:42:26.740 --> 01:42:38.420]  okay they they have the public defender came out and said well this this is the
[01:42:38.420 --> 01:42:47.460]  public this is the district attorney's policy for handling these right now these
[01:42:47.460 --> 01:42:55.500]  kind of cases to lower them to a lower in fact you know a lower charge okay the
[01:42:55.500 --> 01:42:59.420]  judge was in you know I didn't know we could do this he was acting like he
[01:42:59.420 --> 01:43:04.500]  didn't know what they decided to do before they before they had me in there
[01:43:04.500 --> 01:43:14.180]  and so the public defender said oh this is the way that the the district
[01:43:14.180 --> 01:43:19.300]  attorney's handling these now and I objected to that I I didn't think that
[01:43:19.300 --> 01:43:25.380]  it because the judge was talking to the district attorney and my lawyer butted
[01:43:25.380 --> 01:43:31.260]  in so in my written objection I'm objecting to him doing that
[01:43:31.260 --> 01:43:36.580]  you should charge you might charge the judge with the prosecutor with the
[01:43:36.580 --> 01:43:41.140]  ongoing criminal with RICO
[01:43:43.140 --> 01:43:47.940]  hey the judge and the prosecutor both prosecutors if the judge is ignorant of
[01:43:47.940 --> 01:43:53.460]  the law his problem not your problem he is screwed and I'll explain why he's
[01:43:53.460 --> 01:43:57.980]  screwed when we come back on the other side Randy Kelton removal of radio we'll
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[01:46:22.580 --> 01:46:30.940]  okay we are back Randy kelvin rule of law radio and on this Friday the 11th
[01:46:30.940 --> 01:46:42.980]  day of September 2020 and we're talking to Robert in California okay we were we
[01:46:42.980 --> 01:46:49.540]  were conspiring to charge the judge in the prosecutor with a criminal conspiracy
[01:46:49.540 --> 01:47:02.020]  and the prosecutor with the on with Rico ongoing criminal behavior I think it's
[01:47:02.020 --> 01:47:11.620]  Hafer Milo that goes to a policy while policy may take on the appearance of law
[01:47:11.620 --> 01:47:20.020]  it never accrues the force of law so if the prosecuting attorney has a policy
[01:47:20.020 --> 01:47:28.740]  of violating law that goes to Rico violating law in a way that denies
[01:47:28.740 --> 01:47:37.900]  the citizen for free access to enjoyment right do you have a Rico statute in
[01:47:37.900 --> 01:47:50.140]  California in Texas it goes to street gangs but it's written in terms of a
[01:47:50.140 --> 01:47:57.900]  street gang but it defines Rico where it says that it defines a street gang as
[01:47:57.900 --> 01:48:07.020]  any group of individuals who engage in multiple criminal activities and has a
[01:48:07.020 --> 01:48:17.540]  identifiable hierarchy that divine defined our government very clearly so
[01:48:17.540 --> 01:48:23.100]  you might look California see if they have a street gang statute or a Rico
[01:48:23.100 --> 01:48:34.380]  statute and the thing about it is Robert it looks so ugly it's one of my
[01:48:34.380 --> 01:48:42.140]  favorite charges is I talked to Ted in California about this one where he was
[01:48:42.140 --> 01:48:46.300]  having a heart attack in the court and the judge refused to allow the bait if
[01:48:46.300 --> 01:48:51.180]  to even give him an aspirin she went ahead with the the hearing even though
[01:48:51.180 --> 01:48:59.100]  he was having a heart attack and I call that depraved heart assault depraved
[01:48:59.100 --> 01:49:07.980]  heart that is so ugly so I like that kind of stuff the end of the day
[01:49:07.980 --> 01:49:17.060]  perceptions everything you know you're going to take their policies got to do
[01:49:17.060 --> 01:49:22.740]  with the COVID I'm sure that's where they're going to try to cover their
[01:49:22.740 --> 01:49:31.340]  butts well the cut policy has to be in line with code if policy violates code
[01:49:31.340 --> 01:49:39.980]  that's criminal conspiracy no other way to chop that up if more than one
[01:49:39.980 --> 01:49:47.620]  purpose person agrees one with the other to take this action that's criminal in
[01:49:47.620 --> 01:49:57.140]  its nature what's that criminal conspiracy the only way I can slice it up
[01:49:57.140 --> 01:50:04.780]  and just because it's the prosecutor it doesn't make it less criminal or it's
[01:50:04.780 --> 01:50:14.700]  a prosecutor and the judge the judge has a duty to properly apply the law to the
[01:50:14.700 --> 01:50:25.380]  facts he doesn't get the juxtaposed law with policy or procedure and that's why
[01:50:25.380 --> 01:50:31.140]  I really like to get them the best I like to sting the long young lawyer who
[01:50:31.140 --> 01:50:37.340]  just got out law school and doesn't get picked up by a law firm so he goes down
[01:50:37.340 --> 01:50:41.020]  and he gets picked up by the prosecutor's office and does what the
[01:50:41.020 --> 01:50:47.260]  prosecutor tells him to because he's new he doesn't know any better in Lakeworth
[01:50:47.260 --> 01:50:55.580]  Texas prosecutor her first day on the job in a municipal court at one of these
[01:50:55.580 --> 01:51:01.540]  meet with the prosecutor and let's make a deal hearings I charged her with 58
[01:51:01.540 --> 01:51:13.300]  felonies of impersonating a judicial officer that was so much fun welcome to
[01:51:13.300 --> 01:51:21.100]  the deep end of the pool Randy you're no good
[01:51:21.100 --> 01:51:27.580]  you know that was the JP I took it to his real smart mouth and I'm not going to
[01:51:27.580 --> 01:51:34.100]  take that and I told him well life is filled with little decisions we all
[01:51:34.100 --> 01:51:40.500]  get to make some are you going to do your job as prescribed article 14.03
[01:51:40.500 --> 01:51:44.660]  Texas penal code or are you going to shield this person from prosecution in
[01:51:44.660 --> 01:51:52.660]  violation of 5803 penal code and Ken Magnuson was with me that day and he
[01:51:52.660 --> 01:51:59.100]  stood there clenched his teeth together and his eyes are bugging out then he
[01:51:59.100 --> 01:52:05.980]  just whirled around and stomped away and I looked down at the clerk and I said
[01:52:05.980 --> 01:52:11.540]  do you think I heard his feelings it turned out two of the clerks have
[01:52:11.540 --> 01:52:16.980]  charged him with sexual harassment and he wound up getting taken off the bench
[01:52:16.980 --> 01:52:26.980]  for that so the clerk so that these clerks already hated him but anyway we
[01:52:26.980 --> 01:52:36.100]  can do that right and their problem is they can't do anything about it they
[01:52:36.100 --> 01:52:42.660]  can't even complain about it if I were if I file against them I go into court
[01:52:42.660 --> 01:52:47.780]  and the prosecutor complains about it me filing criminal charges against him I
[01:52:47.780 --> 01:52:56.700]  let's base to arrest him I would take that as a threat and a threat in
[01:52:56.700 --> 01:53:06.980]  retaliation for me doing my civic duty I really think this is one of the most
[01:53:06.980 --> 01:53:15.100]  important things we can talk about on this show is the one thing that these
[01:53:15.100 --> 01:53:22.900]  officials want to hide from us more than any other it's our power to take them to
[01:53:22.900 --> 01:53:29.620]  legal task they do not want us to know how devastating it is for them to get
[01:53:29.620 --> 01:53:38.140]  criminal charges filed against them now they know how corrupt the system is they
[01:53:38.140 --> 01:53:42.500]  watch people get screwed every day and if they're prosecutors they take part in
[01:53:42.500 --> 01:53:48.860]  screwing people every day you filed against a prosecutor now he's got to
[01:53:48.860 --> 01:53:56.940]  look around he's not afraid of you but he's in a pool full of sharks and is one
[01:53:56.940 --> 01:54:03.660]  of those sharks out there may be upset at me did I do something to annoy one of
[01:54:03.660 --> 01:54:10.500]  them or is does the boss want to get rid of me and hire his cousin and he's
[01:54:10.500 --> 01:54:17.420]  looking for an excuse to get me dumped that's what they got to consider they
[01:54:17.420 --> 01:54:23.020]  will never be afraid of you what they will be afraid of is the political
[01:54:23.020 --> 01:54:29.380]  cannon fodder you can give to one of their political enemies and they never
[01:54:29.380 --> 01:54:34.700]  know who their enemy is sometimes you'll get taken out not because you have an
[01:54:34.700 --> 01:54:43.500]  enemy but just because it's convenient so we are the most powerful people in
[01:54:43.500 --> 01:54:50.540]  the courtroom we just need to understand that and you you're getting it
[01:54:50.540 --> 01:54:57.580]  robert I'm going to need my own clerk to keep up with this
[01:55:01.820 --> 01:55:06.100]  do you have anything else for us
[01:55:06.860 --> 01:55:18.340]  well I can't seem to get the public defender to give me my case file have
[01:55:18.340 --> 01:55:25.300]  you bar grieved return my eat well I've done that and that I've actually bar
[01:55:25.300 --> 01:55:32.260]  grieved everyone in his office but they don't want to answer any emails or
[01:55:32.260 --> 01:55:43.500]  let's see if they'll answer a tort letter well you have harmed me by
[01:55:43.500 --> 01:55:51.900]  by failing to return my property to me you've harmed me a whole lot lot of
[01:55:51.900 --> 01:56:01.620]  money make me whole we'd be sued okay see if they respond to that and what I'd
[01:56:01.620 --> 01:56:06.180]  suggest you do is put together a lawsuit this is not malpractice this is
[01:56:06.180 --> 01:56:17.780]  theft okay he stole your records it became theft because this wasn't a
[01:56:17.780 --> 01:56:23.940]  situation where you voluntarily gave those records to your lawyer you were
[01:56:23.940 --> 01:56:27.700]  required to give those to your lawyer and some of those records the lawyer
[01:56:27.700 --> 01:56:35.380]  received from the clerk so you never gave them to him and he's required under
[01:56:35.380 --> 01:56:39.620]  the bar association standards to return those things to you when he stops
[01:56:39.620 --> 01:56:48.580]  being your lawyer so if he fails to do that he's stolen them from you file
[01:56:48.580 --> 01:56:55.540]  theft against him and then sue him for the harm the theft has caused you you're
[01:56:55.540 --> 01:57:04.140]  you're devastated you have been subject to extreme emotional distress oh heck you
[01:57:04.140 --> 01:57:10.420]  could be charged guilty of an infraction for crying out loud right I've been
[01:57:10.420 --> 01:57:14.820]  trying to get that folder to help defend myself come Monday morning and I
[01:57:14.820 --> 01:57:21.700]  haven't seen it yet that was a month ago oh so if you're going in Monday morning
[01:57:21.700 --> 01:57:26.980]  put a criminal complaint on the judge's desk a verified criminal affidavit
[01:57:26.980 --> 01:57:33.140]  handed to the judge called the bailiff said your honor I have a document for
[01:57:33.140 --> 01:57:36.980]  the court may I approach and he'll probably send the bailiff over give to
[01:57:36.980 --> 01:57:41.660]  the bailiff and the prosecutor will say he wants to see it and you tell the
[01:57:41.660 --> 01:57:49.380]  judge prosecutor this is not his business and that's against the the public
[01:57:49.380 --> 01:57:54.820]  defender oh your public defender he don't get to see it anyway that's just a
[01:57:54.820 --> 01:58:01.140]  coincidence you will be again is this the current okay this is not the current
[01:58:01.140 --> 01:58:08.020]  public defender is it no there is no he keep bar oh okay so he's not gonna be
[01:58:08.020 --> 01:58:14.660]  there anyway no so yeah I'm only against him with in this court when the judge
[01:58:14.660 --> 01:58:18.260]  refuses to take it then you file criminally against the judge for
[01:58:18.260 --> 01:58:25.260]  shielding from prosecution okay you want to protect your buddy well you can do
[01:58:25.260 --> 01:58:32.140]  that judge you can just throw yourself under the bus all right I'll let you go
[01:58:32.140 --> 01:58:38.820]  Randy okay thank you we're Robert you don't be a stranger Randy Kelton
[01:58:38.820 --> 01:58:50.460]  we'll have our radio I call in number 512 646 1984 we'll be right back the
[01:58:50.460 --> 01:58:55.220]  Bible remains the most popular book in the world yet countless readers are
[01:58:55.220 --> 01:58:59.820]  frustrated because they struggle to understand it some new translations try
[01:58:59.820 --> 01:59:04.820]  to help by simplifying the text but in the process can compromise the profound
[01:59:04.820 --> 01:59:10.100]  meaning of the Scripture enter the recovery version first this new
[01:59:10.100 --> 01:59:15.020]  translation is extremely faithful and accurate but the real story is the more
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