[00:00:00.000 --> 00:00:07.000]   You're listening to The Liberty Beat, your daily source for liberty news and activist
[00:00:07.000 --> 00:00:16.920]   updates, online at TheLibertyBeat.com. John Bush here with Your Liberty Beat for May
[00:00:16.920 --> 00:00:25.000]   16, 2013. Gold opened today at $1411, silver at $22.90, and bitcoin is trading at $114.00.
[00:00:28.240 --> 00:00:31.840]   The Liberty Beat is currently looking for sponsors to provide financial support to our
[00:00:31.840 --> 00:00:36.360]   message. In exchange for an affordable monthly donation, your business or cause will be announced
[00:00:36.360 --> 00:00:40.720]   regularly on The Liberty Beat. Your support goes a long way to keep our operation running.
[00:00:40.720 --> 00:00:47.720]   If you're interested in sponsoring The Liberty Beat, please call 512-767-4043. That's 512-767-4043.
[00:00:47.720 --> 00:00:54.680]   And now the news. Yesterday evening, President Barack Obama announced the resignation of
[00:00:54.680 --> 00:00:59.160]   top IRS Commissioner Stephen Miller in the wake of a scandal that revealed the IRS was
[00:00:59.160 --> 00:01:03.120]   flagging citizen groups for enhanced scrutiny because of their affiliation with promoting
[00:01:03.120 --> 00:01:08.520]   ideas espoused by the Tea Party and Patriot Movement. Obama said he will do "everything
[00:01:08.520 --> 00:01:12.640]   in his power to make sure nothing like this ever happens again." This development comes
[00:01:12.640 --> 00:01:16.960]   within 24 hours after U.S. Attorney General Eric Holder claimed the Department of Justice
[00:01:16.960 --> 00:01:22.860]   had no idea the IRS was making such policy and had no involvement in its implementation.
[00:01:22.860 --> 00:01:26.360]   The White House and Attorney General also under fire for information released this
[00:01:26.360 --> 00:01:30.320]   week which revealed that the DOJ is tapping the phone lines and emails of journalists
[00:01:30.320 --> 00:01:37.320]   throughout the United States. In foreign policy news, multiple bombs exploded
[00:01:37.320 --> 00:01:43.840]   yesterday across Baghdad killing 22 people and injuring dozens more, according to Reuters.
[00:01:43.840 --> 00:01:47.440]   While the United States government continues to maintain the lie that the conflict in Iraq
[00:01:47.440 --> 00:01:51.980]   has ceased, some reports indicate that over 110,000 have died due to violence in Iraq
[00:01:51.980 --> 00:01:57.960]   since 2003. Zafrania and Sadr City districts of Baghdad suffered from the attacks that
[00:01:57.960 --> 00:02:02.920]   targeted a cafe and a marketplace. Reuters points to the bomb attacks as proof of sectarian
[00:02:02.920 --> 00:02:07.960]   Shiite Sunni Muslim violence. However, it remains unclear who exactly was behind the
[00:02:07.960 --> 00:02:14.960]   attacks. The Long Island Press reports that the U.S.
[00:02:14.960 --> 00:02:19.080]   military has quietly granted itself the ability to police the streets without obtaining prior
[00:02:19.080 --> 00:02:23.400]   approval from state or local law enforcement agencies. The new language in the U.S. code
[00:02:23.400 --> 00:02:27.780]   titled "Defense Support of Civilian Law Enforcement Agencies" gives the military permission to
[00:02:27.780 --> 00:02:33.140]   intervene in the event of "civil disturbances." Most concerning apart about the new language,
[00:02:33.140 --> 00:02:40.140]   similar to many other federal laws, is that it uses vague language and is open to interpretation.
[00:02:40.140 --> 00:02:44.640]   The Liberty Beat is asking for your support as we bring on two staff writers and work
[00:02:44.640 --> 00:02:49.640]   to expand our operations. Please support the Liberty Beat today by donating online at deliberitybeat.com/donate
[00:02:49.640 --> 00:02:56.080]   or in person at Brave New Book Store located at 1904 Guadalupe Street. Also this week,
[00:02:56.080 --> 00:03:03.080]   5% of all purchases made at Brave New Books will be donated to the Liberty Beat.
[00:03:04.080 --> 00:03:05.080]   [music]
[00:03:05.080 --> 00:03:16.080]   Bad Boys, whatcha want, whatcha want, whatcha gonna do, when the moon shivers unbroken for you?
[00:03:16.080 --> 00:03:24.080]   Tell me, whatcha wanna do, whatcha gonna do?
[00:03:24.080 --> 00:03:32.080]   Bad Boys, Bad Boys, whatcha gonna do, whatcha gonna do when they come for you?
[00:03:32.080 --> 00:03:38.080]   Bad Boys, Bad Boys, whatcha gonna do, whatcha gonna do when they come for you?
[00:03:38.080 --> 00:03:43.080]   When you were eight and you had bad traits, you'd go to school and learn the golden rule.
[00:03:43.080 --> 00:03:49.080]   So why are you acting like a bloody fool? If you get hot then you must have cool.
[00:03:49.080 --> 00:03:54.080]   Bad Boys, Bad Boys, whatcha gonna do, whatcha gonna do when they come for you?
[00:03:54.080 --> 00:04:00.080]   Bad Boys, Bad Boys, whatcha gonna do, whatcha gonna do when they come for you?
[00:04:00.080 --> 00:04:05.080]   You chuck it on that one, you chuck it on this one, you chuck it on your mother and you chuck it on your father.
[00:04:05.080 --> 00:04:11.080]   You chuck it on your brother and you chuck it on your sister, you chuck it on that one and you chuck it on me.
[00:04:11.080 --> 00:04:17.080]   Alright Bad Boys, Bad Boys and Bad Girls, what are you going to do when we come for you?
[00:04:17.080 --> 00:04:25.080]   Here on the Rule of Law tonight is Thursday, May the 16th, 2013.
[00:04:25.080 --> 00:04:32.080]   I am one of your hosts, Deborah Stevens. I am here with my esteemed co-host, Mr. Randy Kelton.
[00:04:32.080 --> 00:04:36.080]   And we have a few topics we want to discuss tonight.
[00:04:36.080 --> 00:04:47.080]   First of all, I want to just give folks an update on Senate Bill 241 here in Texas, the smart meter opt-out bill.
[00:04:47.080 --> 00:04:56.080]   And what is going on with that is that we have 20 out of 21 senators now who have come on board.
[00:04:56.080 --> 00:05:06.080]   We only need one more and the two that we are looking at that are leaning in our direction are Senator Uresti,
[00:05:06.080 --> 00:05:14.080]   who represents the San Antonio area, and Senator Zaccarini, which represents the Kyle-San Marcos area.
[00:05:14.080 --> 00:05:21.080]   So anyone out there, if you are in the San Antonio, Kyle, San Marcos area,
[00:05:21.080 --> 00:05:29.080]   if you could please call your senator, either Uresti or Zaccarini, respectively, whichever one may happen to be your senator,
[00:05:29.080 --> 00:05:36.080]   and tell them to please support and vote for Senate Bill 241,
[00:05:36.080 --> 00:05:46.080]   which would basically require all power companies in Texas to allow their customers to opt out of a smart meter without a fee.
[00:05:46.080 --> 00:05:52.080]   And this is very important because there are some power companies, some districts, utilities districts,
[00:05:52.080 --> 00:06:00.080]   who are going to offer the opt-out, but it will cost people to opt out.
[00:06:00.080 --> 00:06:08.080]   And I believe that will be happening here in Austin, Laura said September, if I'm remembering correctly.
[00:06:08.080 --> 00:06:15.080]   However, it's going to cost you $25 a month to not get fried with radiation.
[00:06:15.080 --> 00:06:20.080]   And as we discussed last week on the show, this is nothing short of a protection racket.
[00:06:20.080 --> 00:06:26.080]   This is mafia business. Pay me and I won't fry you with radiation.
[00:06:26.080 --> 00:06:32.080]   I mean, this is ridiculous. It's extortion. It's a protection racket. It should be completely illegal.
[00:06:32.080 --> 00:06:40.080]   And of course, the other side is coming back and saying, well, it's going to raise everyone's utilities rates
[00:06:40.080 --> 00:06:46.080]   if we let people opt out for free. And why should the rest of us have to pay for your choice?
[00:06:46.080 --> 00:06:51.080]   It's like, hey, buddy, you're getting fried with radiation, too.
[00:06:51.080 --> 00:06:59.080]   And this argument about it's going to so dramatically raise the rates, it's going to do no such thing.
[00:06:59.080 --> 00:07:06.080]   Okay, whereas Laura and her group have been telling these senators and their aides, we're not in the 1970s anymore.
[00:07:06.080 --> 00:07:13.080]   Okay, there's Internet, there's email. We can log into our accounts, our utilities accounts online,
[00:07:13.080 --> 00:07:16.080]   and we can report our own readings.
[00:07:16.080 --> 00:07:24.080]   And people can't really lie about that sort of thing because they will send someone out to audit once or twice a year.
[00:07:24.080 --> 00:07:30.080]   And if you're fudging the numbers, it's going to catch up with you and then they won't let you do it anymore.
[00:07:30.080 --> 00:07:35.080]   So it's just not really -- there's really no incentive to fudge the numbers.
[00:07:35.080 --> 00:07:38.080]   I mean, there's just no incentive whatsoever.
[00:07:38.080 --> 00:07:42.080]   There's every incentive to report correctly because you get to keep your privacy.
[00:07:42.080 --> 00:07:48.080]   You don't have somebody coming around every month trying to go into your backyard around the side of your house or whatever to take readings.
[00:07:48.080 --> 00:07:54.080]   And so anyways, Laura and her team have been making a very good point that it's not really going to raise the rates
[00:07:54.080 --> 00:07:57.080]   because they're not going to have to send people out every month.
[00:07:57.080 --> 00:08:00.080]   I mean, it's really pretty -- a ridiculous argument.
[00:08:00.080 --> 00:08:02.080]   We all know what the real reason is.
[00:08:02.080 --> 00:08:04.080]   It's because they want to control us.
[00:08:04.080 --> 00:08:11.080]   They want to monitor our electric usage on a moment-by-moment basis, even as far as what appliances we're using.
[00:08:11.080 --> 00:08:13.080]   They want to be able to control our appliances.
[00:08:13.080 --> 00:08:16.080]   They want to be able to listen to us through our appliances.
[00:08:16.080 --> 00:08:19.080]   They're already putting microphones and cameras, et cetera, in the washing machines.
[00:08:19.080 --> 00:08:20.080]   Look it up.
[00:08:20.080 --> 00:08:21.080]   I'm not making this up.
[00:08:21.080 --> 00:08:26.080]   So at any rate, they want to be able to track and trace and control everything that we do.
[00:08:26.080 --> 00:08:30.080]   This has nothing to do with saving people money.
[00:08:30.080 --> 00:08:37.080]   If anything, all this is going to cost people more because it's going to require more electricity to run these things.
[00:08:37.080 --> 00:08:44.080]   So at any rate, we have very legitimate arguments that will rebut whatever the other side says.
[00:08:44.080 --> 00:08:48.080]   And so basically, folks, when you call, we want you to be nice.
[00:08:48.080 --> 00:08:55.080]   They are leaning towards our side, but we are also running out of time because there is no sister bill in the House.
[00:08:55.080 --> 00:09:00.080]   And if we get it passed to the Senate, then it has to go through the House.
[00:09:00.080 --> 00:09:02.080]   So we're running out of time.
[00:09:02.080 --> 00:09:03.080]   The session's coming to an end.
[00:09:03.080 --> 00:09:06.080]   We only have a couple more days to make this happen.
[00:09:06.080 --> 00:09:16.080]   So please call your senators if you're in the district of Uresti or Zacharine, which is basically Kyle San Marcos, San Antonio region.
[00:09:16.080 --> 00:09:23.080]   And please persuade them that we should not have to pay to not be irradiated
[00:09:23.080 --> 00:09:32.080]   and that we want them to support this bill because it's in the best interest of the health of their constituents.
[00:09:32.080 --> 00:09:35.080]   So at any rate, that's all I have tonight, Randy.
[00:09:35.080 --> 00:09:37.080]   I just wanted to give those updates.
[00:09:37.080 --> 00:09:42.080]   So folks, please give a shout out to your senators and let's make this thing happen.
[00:09:42.080 --> 00:09:47.080]   Okay, Randy, so what do you got tonight?
[00:09:47.080 --> 00:09:50.080]   Randy?
[00:09:50.080 --> 00:09:52.080]   Randy?
[00:09:52.080 --> 00:09:55.080]   Somebody muted my mic again.
[00:09:55.080 --> 00:10:00.080]   I have a couple of things that I wanted to talk about, and they were from emails that I received.
[00:10:00.080 --> 00:10:10.080]   The first one was a show topic suggestion, and this was someone who was looking to purchase a house
[00:10:10.080 --> 00:10:14.080]   and was concerned about how to go about it.
[00:10:14.080 --> 00:10:21.080]   And one of the things that indicated concerns with choice of law and entering into contracts,
[00:10:21.080 --> 00:10:30.080]   well, in the real world you and I live in, we have a private side and a public side,
[00:10:30.080 --> 00:10:34.080]   and the public side gets entered into contracts.
[00:10:34.080 --> 00:10:41.080]   We can live without getting into contracts, but in order to do that,
[00:10:41.080 --> 00:10:49.080]   we'll have to go live on a mountaintop somewhere and produce all of our own food, electricity, whatever we need.
[00:10:49.080 --> 00:10:56.080]   Otherwise, we're going to have to deal with some form of contract.
[00:10:56.080 --> 00:11:09.080]   Now, as to purchasing a property, this is probably the best time in our lifetime to purchase a property, in my opinion.
[00:11:09.080 --> 00:11:15.080]   I've been talking about the mortgage industry for the last three or four years,
[00:11:15.080 --> 00:11:19.080]   the housing prices being in freefall.
[00:11:19.080 --> 00:11:27.080]   And around the country they have been, not so much here in Texas, but they have decreased in Texas in some places.
[00:11:27.080 --> 00:11:30.080]   In some places like Austin, they haven't decreased at all.
[00:11:30.080 --> 00:11:36.080]   However, they are at the bottom.
[00:11:36.080 --> 00:11:43.080]   From about the year 2000, when all of this predatory lending blood started,
[00:11:43.080 --> 00:11:51.080]   the prices followed a bell curve, which is common, prices have been doing that.
[00:11:51.080 --> 00:11:56.080]   And anytime we get a bubble, it always follows a bell curve.
[00:11:56.080 --> 00:12:04.080]   Starts out slow, increases, increases at an increasing rate, and at one point it appears almost vertical.
[00:12:04.080 --> 00:12:11.080]   And then it rolls over the top, and it did that about the end of 2005, beginning of 2006.
[00:12:11.080 --> 00:12:21.080]   And by 2007 it was topping out, and then early 2008 we had the crash, and then it started down the other side.
[00:12:21.080 --> 00:12:27.080]   And for the last three or four years, prices have been essentially in freefall.
[00:12:27.080 --> 00:12:38.080]   But with the foreclosure crisis as bad as it is, it's about as bad as it's going to get.
[00:12:38.080 --> 00:12:47.080]   From here it will level out for the next six to eight months, then the housing market will begin to recover.
[00:12:47.080 --> 00:12:50.080]   And there's some things you have to consider.
[00:12:50.080 --> 00:12:58.080]   In this time period, new housing was almost completely shut down around the country.
[00:12:58.080 --> 00:13:06.080]   While at the same time, young people coming of age were coming into the market.
[00:13:06.080 --> 00:13:10.080]   Older people are dying off as fast, they're living longer.
[00:13:10.080 --> 00:13:15.080]   So the demand for housing should naturally increase.
[00:13:15.080 --> 00:13:33.080]   But in the last four or five years, we haven't been building enough houses to supply the need that would normally be there, but for this economic crisis.
[00:13:33.080 --> 00:13:41.080]   Well, at the worst, your mortgage prices were pushing 10%.
[00:13:41.080 --> 00:13:43.080]   Now they're down to 2.5.
[00:13:43.080 --> 00:13:48.080]   I do not think it can get any lower than that.
[00:13:48.080 --> 00:13:57.080]   Now what we're looking at, and keep in mind, I'm not an economist, I'm just an engineer.
[00:13:57.080 --> 00:14:03.080]   But I have been looking at how things going and I've been around a while.
[00:14:03.080 --> 00:14:06.080]   This is what I see occurring.
[00:14:06.080 --> 00:14:12.080]   Our dollar is in a serious crunch right now.
[00:14:12.080 --> 00:14:17.080]   It has essentially reached the end of its lifespan.
[00:14:17.080 --> 00:14:27.080]   And if you look at the price of oil, oil is really the true indicator of the value of the dollar and not gold or silver anymore.
[00:14:27.080 --> 00:14:33.080]   We've had about 100% inflation in the last three or four years.
[00:14:33.080 --> 00:14:39.080]   That inflation is going to continue, if not dramatically increase.
[00:14:39.080 --> 00:14:43.080]   We've had a lot of predictors saying that we're going into hyperinflation.
[00:14:43.080 --> 00:14:46.080]   I can't see that happening.
[00:14:46.080 --> 00:14:51.080]   Because there's nothing for the dollar to hyperinflate against.
[00:14:51.080 --> 00:15:03.080]   If China can bring on board its gold backed currency, then there may well be something for the US dollar to hyperinflate against.
[00:15:03.080 --> 00:15:07.080]   But at this point, there's really nothing to cause that to happen.
[00:15:07.080 --> 00:15:12.080]   But we will inflate dramatically, if not hyperinflation.
[00:15:12.080 --> 00:15:22.080]   If you purchase a property at this time, this is the bottom of the market, at the cheapest interest rate you're going to have in our lifetime.
[00:15:22.080 --> 00:15:35.080]   In a market where we can expect property values to rise, even in the Texas market, because building has been down so much.
[00:15:35.080 --> 00:15:45.080]   Young people coming into the market needing properties, a lot of people have been foreclosed on.
[00:15:45.080 --> 00:15:54.080]   Two or three, four years, they begin to recover, they'll come back into the market, there is going to be a tremendous demand for properties.
[00:15:54.080 --> 00:16:02.080]   Starting about a year and a half to two years, property values are going to start going up and they're going to go up dramatically.
[00:16:02.080 --> 00:16:13.080]   So if ever there was a right time to purchase now is it you get to purchase with dollars at the value it is the more the dollar inflates the better for you.
[00:16:13.080 --> 00:16:29.080]   Because your mortgage will not even come close to keeping pace the interest you're paying on mortgage will even come close to keeping pace with inflation.
[00:16:29.080 --> 00:16:44.080]   So if you're considering buying a house, in my opinion, based on the forces that are out there, now is the time that 20 years from now we'll say more.
[00:16:44.080 --> 00:16:47.080]   If you're only new then what a no now.
[00:16:47.080 --> 00:16:49.080]   Well this is the end guys.
[00:16:49.080 --> 00:16:59.080]   Randy Kelton, Debra Stevens, Rue La La Radio, or call in number 512-646-1984. Give us a call, we'll be right back.
[00:17:01.080 --> 00:17:15.080]   Wild thing, you make my heart sing, you make everything through me.
[00:17:15.080 --> 00:17:38.080]   Wild thing, wild thing, I think I love you, but I want to know for sure, so come on, neutrify me, I love you.
[00:17:38.080 --> 00:17:47.080]   Did you know that you could extend your life by as much as 15% by taking longevity products like Tangy Tangerine.
[00:17:47.080 --> 00:17:56.080]   My missus lost so much weight by taking Tangy Tangerine, she eventually disappeared, which will probably let me live an extra 15 years.
[00:17:56.080 --> 00:18:01.080]   Go to logosradionetwork.com and click the longevity banner.
[00:18:01.080 --> 00:18:07.080]   Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[00:18:07.080 --> 00:18:11.080]   Stop debt collectors now with the Michael Mears Proven Method.
[00:18:11.080 --> 00:18:16.080]   Michael Mears has won 6 cases in federal court against debt collectors and now you can win too.
[00:18:16.080 --> 00:18:22.080]   You'll get step by step instructions in plain English on how to win in court using federal civil rights statutes.
[00:18:22.080 --> 00:18:26.080]   What to do when contacted by phone, mail, or court summons.
[00:18:26.080 --> 00:18:28.080]   How to answer letters and phone calls.
[00:18:28.080 --> 00:18:31.080]   How to get debt collectors out of your credit report.
[00:18:31.080 --> 00:18:35.080]   How to turn the financial tables on them and make them pay you to go away.
[00:18:35.080 --> 00:18:40.080]   The Michael Mears Proven Method is the solution for how to stop debt collectors.
[00:18:40.080 --> 00:18:42.080]   Personal consultation is available as well.
[00:18:42.080 --> 00:18:48.080]   For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner.
[00:18:48.080 --> 00:18:51.080]   Or email michaelmeares@yahoo.com.
[00:18:51.080 --> 00:19:02.080]   That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s@yahoo.com to learn how to stop debt collectors now.
[00:19:02.080 --> 00:19:07.080]   You are listening to the Logos Radio Network.
[00:19:07.080 --> 00:19:10.080]   LogosRadioNetwork.com
[00:19:10.080 --> 00:19:29.080]   Look what we've got in the movie box, the question.
[00:19:29.080 --> 00:19:34.080]   Wonder what they're hiding, don't have the answer.
[00:19:34.080 --> 00:19:39.080]   Open up eyes, we ask the question.
[00:19:39.080 --> 00:19:44.080]   Look what we can, and they don't have the answer.
[00:19:44.080 --> 00:19:46.080]   So can slip aside.
[00:19:46.080 --> 00:19:50.080]   They're talking about issues, but see Lord how they want we think it easy.
[00:19:50.080 --> 00:19:55.080]   They're talking way too politically and them getting mad and angry.
[00:19:55.080 --> 00:20:00.080]   But them not standing up and fight and fight for the freedom and the free.
[00:20:00.080 --> 00:20:04.080]   And they like them love slavery and get handled from the government.
[00:20:04.080 --> 00:20:09.080]   Look what we can, we ask the question.
[00:20:09.080 --> 00:20:14.080]   Wonder what they're hiding, don't have the answer.
[00:20:14.080 --> 00:20:19.080]   Open up eyes, we ask the question.
[00:20:19.080 --> 00:20:24.080]   Look what we can, and they don't have the answer.
[00:20:24.080 --> 00:20:26.080]   So can slip aside.
[00:20:26.080 --> 00:20:30.080]   Tyranny, dem a tear you, dem a tear me, Lord dem a tear the country.
[00:20:30.080 --> 00:20:34.080]   Tyranny, dem a tear me, dem a tear you, and them a tear me.
[00:20:34.080 --> 00:20:35.080]   Okay, we are back.
[00:20:35.080 --> 00:20:39.080]   Randy Kelton, Debra Stephens, Rue La La Radio.
[00:20:39.080 --> 00:20:43.080]   And that's all I really had to say about buying property.
[00:20:43.080 --> 00:20:46.080]   This is a good time to purchase property.
[00:20:46.080 --> 00:20:51.080]   It's a good time to be going into the construction business.
[00:20:51.080 --> 00:20:57.080]   I have a friend that was in the business and he struggled through this difficult time.
[00:20:57.080 --> 00:21:01.080]   But all of the equipment that he has, he owns.
[00:21:01.080 --> 00:21:08.080]   So as the business begins to turn around, he'll have an opportunity to be the last man standing.
[00:21:08.080 --> 00:21:12.080]   And as it grows, he'll be able to grow up with it.
[00:21:12.080 --> 00:21:15.080]   Okay, time of opportunity.
[00:21:15.080 --> 00:21:24.080]   Now, the other thing, the other issue is someone sent me a document for my perusal.
[00:21:24.080 --> 00:21:34.080]   It was a request for, it was in a foreclosure issue.
[00:21:34.080 --> 00:21:39.080]   And I'm not sure by the title what it actually is.
[00:21:39.080 --> 00:21:42.080]   It says separation and settlement.
[00:21:42.080 --> 00:21:47.080]   But it appears to be they're trying to get a restraining order.
[00:21:47.080 --> 00:21:58.080]   Well, regardless of what the purpose of it is, I'm going to talk about how it is written in the structure.
[00:21:58.080 --> 00:22:12.080]   Anytime you write a legal document, never make a proactive statement of law out of your own mouth.
[00:22:12.080 --> 00:22:26.080]   Never make a, draw a conclusion unless you have stipulated specific facts on which you draw the conclusion.
[00:22:26.080 --> 00:22:42.080]   Here he makes the statement that the promise that subject deed of trust was separated from the promissory note at least once and remain separated making the deed of trust unenforceable, null, deficient and illegal.
[00:22:42.080 --> 00:22:49.080]   Never ever put a statement like that in a legal document.
[00:22:49.080 --> 00:22:54.080]   The judge can read that statement and agree with you.
[00:22:54.080 --> 00:23:01.080]   But he has no power to rule in your favor based on a statement like that.
[00:23:01.080 --> 00:23:07.080]   The documents, this is the first sentence of the document.
[00:23:07.080 --> 00:23:20.080]   The promissory note deed of trust was separated at settlement when the lender first bank trust immediately sold the promissory note to Trustmark Bank but kept the deed of trust.
[00:23:20.080 --> 00:23:38.080]   In order to make that statement, he must provide the court with documentary evidence to support this because it's the kind of statement that can only be made based on documentary evidence.
[00:23:38.080 --> 00:23:42.080]   Now he's come to that conclusion somehow.
[00:23:42.080 --> 00:23:59.080]   But he hasn't given the judge a set of facts and then given the judge a statement of factual accusation, essentially an accusation based on the facts.
[00:23:59.080 --> 00:24:04.080]   This is just a bald accusation and as far as the court is concerned, it's worthless.
[00:24:04.080 --> 00:24:22.080]   Never make proactive statement of law out of your own mouth. Never make a proactive, never give the judge a legal conclusion without having given the judge sufficient facts to come to the same conclusion.
[00:24:22.080 --> 00:24:28.080]   Now about how to write legal documents.
[00:24:28.080 --> 00:24:43.080]   There's one tool that I suggest that anyone who's going to write a legal document, hone beyond all others that I talk about this one all the time, that I'm not a lawyer.
[00:24:43.080 --> 00:24:55.080]   And I'm just an engineer, but the one skill that allows me to write some pretty decent legal documents is I am an accomplished plagiarist.
[00:24:55.080 --> 00:25:06.080]   Look at what the lawyers are filing in the court. Look at what they're filing in your jurisdiction.
[00:25:06.080 --> 00:25:18.080]   The best place to figure out how to write motions and pleadings in your jurisdiction is county clerks, the county or district clerk's office.
[00:25:18.080 --> 00:25:26.080]   Go down and pull some cases. Look at the documents that the lawyers are filing.
[00:25:26.080 --> 00:25:36.080]   What you will find is most of the time the documents will come straight out of the local litigation guides.
[00:25:36.080 --> 00:25:48.080]   Whatever state you're in, call a couple of lawyers and ask them what are the most common litigation guides used in your state.
[00:25:48.080 --> 00:26:03.080]   In Texas, we have two, Dasarnios and O'Connors. O'Connors is by far the most common.
[00:26:03.080 --> 00:26:11.080]   Well, Dasarnios only gives case law. They give lots of case law on all kinds of issues.
[00:26:11.080 --> 00:26:25.080]   It's more a legal research aid than a litigation guide. O'Connors is the litigation guide in Texas.
[00:26:25.080 --> 00:26:31.080]   I'll tell you a quick little story. I had a friend, I had a kid, Kym Magnuson. He's been on a few times.
[00:26:31.080 --> 00:26:37.080]   I pulled this dirty trick on him. He needed a petition for temporary restraining order.
[00:26:37.080 --> 00:26:43.080]   So he put one together, sent it to me and asked me to look it over. And I looked it over and he called me and said, "What do you think?"
[00:26:43.080 --> 00:26:47.080]   I said, "It's a piece of crap, Ken." He said, "You think you can do better?"
[00:26:47.080 --> 00:26:55.080]   "Absolutely." So I wrote him one, sent it to him. He took it to court, filed it in court.
[00:26:55.080 --> 00:27:01.080]   They didn't expect the other lawyer, the lawyer for the buyer of the property to show up, but he did.
[00:27:01.080 --> 00:27:09.080]   They went in, the lawyer argued his side. The judge handed the lawyer his hat and gave Ken the temporary restraining order.
[00:27:09.080 --> 00:27:15.080]   They came out of the courtroom and the lawyer had the motion in his hand and he said, "Are you a lawyer?"
[00:27:15.080 --> 00:27:21.080]   And Ken said, "No, I'm not, but my brother is. He comes to me for legal advice and that's true."
[00:27:21.080 --> 00:27:27.080]   He said, "Did you write this?" And Ken said, "Well, I had some help."
[00:27:27.080 --> 00:27:39.080]   The lawyer said, "This is very good." And Ken told me that and I thought, "What in the world is going on here?"
[00:27:39.080 --> 00:27:49.080]   What I didn't tell Ken was I went to O'Connor's forms, I pulled out petition for temporary restraining order,
[00:27:49.080 --> 00:27:59.080]   and I filled in the blanks. It took me a while to realize what was going on here, and this was a really important thing to realize.
[00:27:59.080 --> 00:28:16.080]   The judge got that petition for temporary restraining order from a pro se, but it looked exactly like all the other petitions for temporary restraining order the judge got.
[00:28:16.080 --> 00:28:28.080]   Everything he expected to find, he found in that document exactly where he expected to find it, and it had precisely the case law he expected to find in it.
[00:28:28.080 --> 00:28:42.080]   Parties, jurisdiction, all of the issues that are always present in this type of an issue were all in there, all the exact same case law he's seen a hundred times,
[00:28:42.080 --> 00:28:55.080]   and the only thing he had to look at were the particulars. The reason the lawyer was surprised is because they always give new lawyers the pro se's.
[00:28:55.080 --> 00:29:03.080]   And the lawyer came in, he got this motion, and it looked just like the one they would file.
[00:29:03.080 --> 00:29:14.080]   And apparently the lawyer was new enough that he didn't understand about the litigation guides yet. You have to understand they don't teach that in law school.
[00:29:14.080 --> 00:29:29.080]   And we're about to go to break, I'll explain that when we come back the other side. In law school they teach you a whole lot about law, about theory of law, and case law, and controlling issues.
[00:29:29.080 --> 00:29:38.080]   They don't teach you how to practice law, you've got to learn that once you get out. They don't teach you how to file motions, get a lot of motions put on for hearing, they don't do all of that stuff.
[00:29:38.080 --> 00:29:54.080]   So the lawyers are really behind in that, that's why they need the litigation guides. Hang on, this is Randy Kelton, Debra Stevens, Rule of Law Radio, our call in lines are open, give us a call, 512-646-1984, we'll be right back.
[00:29:54.080 --> 00:30:02.080]   [music]
[00:30:02.080 --> 00:30:08.080]   Insulting someone with your middle finger is never polite, but in the U.S. at least, it's perfectly legal.
[00:30:08.080 --> 00:30:14.080]   I'm Dr. Catherine Albrecht, and I'll be back in just a moment to tell you how one man fought for his right to flip off the cops.
[00:30:14.080 --> 00:30:24.080]   Your search engine is watching you, recording all your searches and creating a massive database of your personal information. That's creepy, but it doesn't have to be that way.
[00:30:24.080 --> 00:30:34.080]   Startpage.com is the world's most private search engine. Startpage doesn't store your IP address, make a record of your searches or use tracking cookies, and they're third party certified.
[00:30:34.080 --> 00:30:44.080]   If you don't like big brother spying on you, start over with Startpage. Great search results and total privacy. Startpage.com, the world's most private search engine.
[00:30:44.080 --> 00:30:54.080]   Flipping the bird, the New York hello, the one finger salute. The middle finger gesture goes by many names, but it always conveys the essence of the F word with graphic clarity.
[00:30:54.080 --> 00:31:04.080]   The obscene gesture is illegal in many countries, but not here. In 2006, David Hackbart flipped off a Pittsburgh cop who promptly cited him for disorderly conduct.
[00:31:04.080 --> 00:31:10.080]   Hackbart countered with a free speech lawsuit and won, walking away with a cool $50,000.
[00:31:10.080 --> 00:31:22.080]   While flipping people off may technically be legal, it certainly won't win you any friends. And if you flip off the cops, be warned, they might take a few extra bites of their donut before responding to your next emergency call.
[00:31:22.080 --> 00:31:26.080]   I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[00:31:26.080 --> 00:31:41.080]   This is Building 7, a 47 story skyscraper that fell on the afternoon of September 11.
[00:31:41.080 --> 00:31:48.080]   The government says that fire brought it down. However, 1500 architects and engineers concluded it was a controlled demolition.
[00:31:48.080 --> 00:31:54.080]   Over 6,000 of my fellow service members have given their lives. Thousands of my fellow first responders are dying.
[00:31:54.080 --> 00:32:00.080]   I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force pilot. I'm the father who lost his son.
[00:32:00.080 --> 00:32:06.080]   We're Americans, and we deserve the truth. Go to RememberBuilding7.org today.
[00:32:06.080 --> 00:32:15.080]   It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so easy, and neither is finding like-minded people to share it with.
[00:32:15.080 --> 00:32:18.080]   Oh, well, I guess you haven't heard of Brave New Books then.
[00:32:18.080 --> 00:32:19.080]   Brave New Books?
[00:32:19.080 --> 00:32:26.080]   Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, Angie Edward Griffin.
[00:32:26.080 --> 00:32:30.080]   They even stock Interfood, Berkey Products, and Calvin Soaps.
[00:32:30.080 --> 00:32:33.080]   Huh, there's no way a place like that exists.
[00:32:33.080 --> 00:32:38.080]   Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[00:32:38.080 --> 00:32:42.080]   Oh, by UT? There's never anywhere to park down there.
[00:32:42.080 --> 00:32:49.080]   Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking Facility, just behind the bookstore.
[00:32:49.080 --> 00:32:53.080]   It does exist, but when are they open?
[00:32:53.080 --> 00:32:58.080]   Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[00:32:58.080 --> 00:33:05.080]   So get them a call at 512-480-2503, or check out their events page at BraveNewBookstore.com.
[00:33:07.080 --> 00:33:12.080]   Live Free Speech Radio. LogosRadioNetwork.com.
[00:33:12.080 --> 00:33:23.080]   Yes, Mr. Officer, you're taking the law into your head.
[00:33:23.080 --> 00:33:28.080]   I want you to follow the law of the land.
[00:33:28.080 --> 00:33:30.080]   I don't understand.
[00:33:30.080 --> 00:33:36.080]   Your job is to protect the servant, not beat an abuse.
[00:33:36.080 --> 00:33:39.080]   Officer!
[00:33:39.080 --> 00:33:43.080]   When you're gonna stop abuse...
[00:33:43.080 --> 00:33:48.080]   Okay, we are back. Randy Kelton, Debra Stevens, Rule of Law Radio.
[00:33:48.080 --> 00:33:52.080]   And we're talking about how to write legal documents.
[00:33:52.080 --> 00:33:56.080]   And for the most part, don't.
[00:33:56.080 --> 00:33:59.080]   Get something somebody else has written.
[00:33:59.080 --> 00:34:05.080]   First thing to always do before you start a document is
[00:34:05.080 --> 00:34:09.080]   find your local litigation guide.
[00:34:09.080 --> 00:34:15.080]   Litigation guides will list all of the motions you can file.
[00:34:15.080 --> 00:34:22.080]   They'll tell you when the motion is indicated, how to construct the motion.
[00:34:22.080 --> 00:34:26.080]   They'll give you all the case law in support of the motion.
[00:34:26.080 --> 00:34:33.080]   They'll also show you how to argue against a motion, and all the case law for that.
[00:34:33.080 --> 00:34:39.080]   99% of everything a lawyer does is standard stuff.
[00:34:39.080 --> 00:34:43.080]   You know, we're prosaes, and it's all kind of new to us.
[00:34:43.080 --> 00:34:46.080]   To the lawyer, it's not.
[00:34:46.080 --> 00:34:51.080]   Especially lawyers tend to specialize. They do the same things over and over.
[00:34:51.080 --> 00:34:56.080]   That's why they get in court and they all kick this case law back and forth,
[00:34:56.080 --> 00:34:58.080]   because they all use the same case law.
[00:34:58.080 --> 00:35:02.080]   90% of it's in the litigation guides.
[00:35:02.080 --> 00:35:10.080]   And the only thing that they really discuss in a motion
[00:35:10.080 --> 00:35:19.080]   are those issues that are peculiar to this case and don't fit exactly in the standard motion protocol.
[00:35:19.080 --> 00:35:28.080]   Prosaes, you know, we tend to start from scratch, and we write this motion,
[00:35:28.080 --> 00:35:33.080]   and we look up all the case law, and we find all these great cases,
[00:35:33.080 --> 00:35:40.080]   and we write this really well-constructed motion, and we file it into court.
[00:35:40.080 --> 00:35:46.080]   And the other side pulls a motion out of their files they've probably filed 50 times,
[00:35:46.080 --> 00:35:50.080]   and make a few changes on it, and hand it in.
[00:35:50.080 --> 00:35:57.080]   The judge gets the one from the lawyer, and he sees exactly what he expects to see,
[00:35:57.080 --> 00:36:05.080]   and he can just skim through it, go to that portion of the motion that goes to specifics of this issue,
[00:36:05.080 --> 00:36:08.080]   and that's all he has to pay attention to.
[00:36:08.080 --> 00:36:16.080]   And then Prosaes gives him this really well-constructed, rather large and voluminous document,
[00:36:16.080 --> 00:36:22.080]   and it references 20 cases the judge has never seen before.
[00:36:22.080 --> 00:36:27.080]   So what do you think the judge is going to do?
[00:36:27.080 --> 00:36:31.080]   Yeah, right, I'm going to read these 20 cases.
[00:36:31.080 --> 00:36:33.080]   Eh, denied.
[00:36:33.080 --> 00:36:37.080]   Now that may not be right.
[00:36:37.080 --> 00:36:45.080]   However, in the real world we live in, judges are human beings,
[00:36:45.080 --> 00:36:56.080]   and judges are subject to responses that are not necessarily precisely judicial.
[00:36:56.080 --> 00:36:58.080]   They have human responses.
[00:36:58.080 --> 00:37:01.080]   You can annoy the judge.
[00:37:01.080 --> 00:37:06.080]   You can get the judge to get the feeling that you disrespect him
[00:37:06.080 --> 00:37:10.080]   by trying to force him to read all of this unnecessary case law
[00:37:10.080 --> 00:37:14.080]   when there's standard case law already developed that addresses this issue.
[00:37:14.080 --> 00:37:21.080]   You could have used that, but you did this just to give him a hard time, so he's going to give you one back.
[00:37:21.080 --> 00:37:35.080]   Now, in a perfect world, a very well-researched, very well-documented motion would get read thoroughly by the judge,
[00:37:35.080 --> 00:37:41.080]   and he would pull all of those 20 cases and check your citations in those cases
[00:37:41.080 --> 00:37:53.080]   to make sure your citations were on point and in context of the case it was cited in and all that stuff they need to do.
[00:37:53.080 --> 00:38:01.080]   However, if this were a perfect world, I know I wouldn't be in it.
[00:38:01.080 --> 00:38:04.080]   Good chance you won't either.
[00:38:04.080 --> 00:38:11.080]   In the real world we live in, we have to deal with human beings, and judges are human beings.
[00:38:11.080 --> 00:38:25.080]   So, if you're going to write a legal document, my suggestion to you is start with the state litigation guide,
[00:38:25.080 --> 00:38:34.080]   and if the state litigation guide has a set of standard forms, get those forms.
[00:38:34.080 --> 00:38:42.080]   Okay, this will probably get me griped at by somebody with copyrights, but you might,
[00:38:42.080 --> 00:38:52.080]   a lot of the forms are now made available digitally, and lawyers, if they have the litigation guides,
[00:38:52.080 --> 00:39:01.080]   they'll get new ones every year, or every time they come out, and I think O'Connor puts them out every two years,
[00:39:01.080 --> 00:39:08.080]   and they'll buy all new ones because they want their lawyers quoting the most current law.
[00:39:08.080 --> 00:39:11.080]   But we as pro-sage, we're not so concerned about that.
[00:39:11.080 --> 00:39:14.080]   There's very little that changes.
[00:39:14.080 --> 00:39:22.080]   At least 99% of the law doesn't change from one volume to the next.
[00:39:22.080 --> 00:39:24.080]   The issues will be the same.
[00:39:24.080 --> 00:39:31.080]   There'll just be later cases addressing the issues, and the lawyer wants to address the latest issue.
[00:39:31.080 --> 00:39:34.080]   Well, we don't care if it's a couple years old.
[00:39:34.080 --> 00:39:45.080]   As long as it goes to the same point, if the lawyer has addressed a later case and the case doesn't overrule our case, it doesn't matter.
[00:39:45.080 --> 00:39:51.080]   So, you know, call a couple law firms, and here's a trick you can do.
[00:39:51.080 --> 00:39:55.080]   Ask them if they have any old litigation guides laying around.
[00:39:55.080 --> 00:40:05.080]   Now, some states like California, their major litigation guide comes in a book, a green binder,
[00:40:05.080 --> 00:40:16.080]   and instead of reprinting the whole thing and selling them the whole thing over every couple years, they sell them updates.
[00:40:16.080 --> 00:40:22.080]   So, it's a little more difficult in California because they sell the update, and the guys get new pages,
[00:40:22.080 --> 00:40:26.080]   and they take out the old pages and replace them with the new pages.
[00:40:26.080 --> 00:40:36.080]   So, if you have a litigation guide that's sold in a separate publication every so often, you get the lawyer to give you the old one.
[00:40:36.080 --> 00:40:38.080]   I had someone in Amarillo do that.
[00:40:38.080 --> 00:40:45.080]   She called a couple law firms, told them she was homeschooling the kids, wanted to do a course on law.
[00:40:45.080 --> 00:40:48.080]   Do you have any old litigation guides laying around?
[00:40:48.080 --> 00:40:56.080]   Second law firm she called said, "Do you have a station wagon or a pickup truck?"
[00:40:56.080 --> 00:41:00.080]   Because they get new ones, and they just throw the others in the corner.
[00:41:00.080 --> 00:41:06.080]   They're heavy and bulky, and nobody carries them out, and they just build up.
[00:41:06.080 --> 00:41:11.080]   Deborah, didn't Eddie get a whole bunch of books that way?
[00:41:11.080 --> 00:41:12.080]   I believe so.
[00:41:12.080 --> 00:41:13.080]   Yeah.
[00:41:13.080 --> 00:41:25.080]   I believe so that he called some law firms or some friends of his called some law firms, and yeah, they got litigation guides donated to them.
[00:41:25.080 --> 00:41:27.080]   They have to get rid of them.
[00:41:27.080 --> 00:41:35.080]   I mean, like Randy says, it takes up too much room in the office to stack up their, like, phone books or something.
[00:41:35.080 --> 00:41:47.080]   They've got to throw them out, and so it's a good idea probably to find out when, what time of year O'Connor's and these other companies that print up these litigation guides,
[00:41:47.080 --> 00:41:53.080]   find out what time of year they release them, and either right before or right around, right after that time,
[00:41:53.080 --> 00:41:58.080]   that's when you start hitting up the law firms because they're about to get in a new set.
[00:41:58.080 --> 00:42:05.080]   And the lawyers, the firms do not want their lawyers accidentally picking up the old one.
[00:42:05.080 --> 00:42:09.080]   That's a problem, so they'd be glad to get them the heck out of there.
[00:42:09.080 --> 00:42:12.080]   No, they have to have all new stuff all the time.
[00:42:12.080 --> 00:42:19.080]   They have to have the latest forms because I think, well, Randy and I have talked about this before.
[00:42:19.080 --> 00:42:23.080]   Most of these lawyers, everything they do is boilerplate business.
[00:42:23.080 --> 00:42:25.080]   Everything they do is cookie cutter forms.
[00:42:25.080 --> 00:42:33.080]   They fill in the blanks, like Randy was saying, and so they have to constantly be updating their forms where they can fill in the blanks.
[00:42:33.080 --> 00:42:37.080]   And so they can't have the old forms because, well, that's just not cool.
[00:42:37.080 --> 00:42:39.080]   It has old case law in it.
[00:42:39.080 --> 00:42:45.080]   Old case law, and occasionally there'll be a case where something will get overturned, you know.
[00:42:45.080 --> 00:42:49.080]   I got stung with that once, and it really smarted.
[00:42:49.080 --> 00:42:55.080]   A smart mouth, it was in a bail bond hearing, and the smart mouth prosecutor.
[00:42:55.080 --> 00:43:00.080]   The guy was really a dope, but he stung me good.
[00:43:00.080 --> 00:43:03.080]   I promised I wouldn't let that happen to me again.
[00:43:03.080 --> 00:43:05.080]   Okay, get the litigation guts.
[00:43:05.080 --> 00:43:07.080]   That's the first thing.
[00:43:07.080 --> 00:43:14.080]   And then go down to the clerk and kind of schmooze the clerk a little bit.
[00:43:14.080 --> 00:43:20.080]   And see if you can find cases that are on your same topic.
[00:43:20.080 --> 00:43:24.080]   And pull several cases and see what the lawyer's been doing.
[00:43:24.080 --> 00:43:28.080]   And I did that, and I found a motion in Lemony.
[00:43:28.080 --> 00:43:33.080]   And I thought, what in the world is that?
[00:43:33.080 --> 00:43:41.080]   And I read through it, and it was 20 pages of all of the questions the other side was forbidden to ask.
[00:43:41.080 --> 00:43:44.080]   I have had more fun with that.
[00:43:44.080 --> 00:43:46.080]   You see, I didn't even know it existed.
[00:43:46.080 --> 00:43:48.080]   But there it was in the file.
[00:43:48.080 --> 00:43:50.080]   That is the best education you can get.
[00:43:50.080 --> 00:43:52.080]   Hang on, calls are building up.
[00:43:52.080 --> 00:43:58.080]   Randy Kelton, Deborah Stevens, Rue La Radio, our call-in number 512-646-1984.
[00:43:58.080 --> 00:44:00.080]   We'll be right back.
[00:44:00.080 --> 00:44:10.080]   Mr. President, members of Congress, you've been making a lot of noise about taking our guns away.
[00:44:10.080 --> 00:44:12.080]   But you might want to review history.
[00:44:12.080 --> 00:44:16.080]   1835, Gonzales, Texas territory.
[00:44:16.080 --> 00:44:21.080]   The authorities wanted to confiscate the big gun that protected that colony.
[00:44:21.080 --> 00:44:23.080]   You know what the people said?
[00:44:23.080 --> 00:44:25.080]   Come and take it.
[00:44:25.080 --> 00:44:30.080]   Because they were willing to fight for their freedom and their guns.
[00:44:30.080 --> 00:44:32.080]   So are we.
[00:44:32.080 --> 00:44:35.080]   Come and take it if you want it.
[00:44:35.080 --> 00:44:38.080]   Come and take it if you can't.
[00:44:38.080 --> 00:44:41.080]   Come and take it, but I warn you.
[00:44:41.080 --> 00:44:44.080]   You'll have to fight it with my cold dead hands.
[00:44:44.080 --> 00:44:47.080]   We want the freedom that God gave us.
[00:44:47.080 --> 00:44:50.080]   So you best not cross that line.
[00:44:50.080 --> 00:44:55.080]   If you want this gun, you've got to come through us and take it.
[00:44:55.080 --> 00:44:58.080]   One shot at a time.
[00:44:58.080 --> 00:45:01.080]   Just like Gonzales, we're keeping our guns.
[00:45:01.080 --> 00:45:05.080]   Are you the plaintiff or defendant in a lawsuit?
[00:45:05.080 --> 00:45:09.080]   Win your case without an attorney with <a href="http://www.howtowinincourt.com/?refercode=AM0014" target="_blank">Jurisdictionary</a>.
[00:45:09.080 --> 00:45:17.080]   The affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by step.
[00:45:17.080 --> 00:45:21.080]   If you have a lawyer, know what your lawyer should be doing.
[00:45:21.080 --> 00:45:24.080]   If you don't have a lawyer, know what you should do for yourself.
[00:45:24.080 --> 00:45:29.080]   Thousands have won with our step by step course, and now you can too.
[00:45:29.080 --> 00:45:35.080]   <a href="http://www.howtowinincourt.com/?refercode=AM0014" target="_blank">Jurisdictionary</a> was created by a licensed attorney with 22 years of case winning experience.
[00:45:35.080 --> 00:45:44.080]   Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[00:45:44.080 --> 00:45:53.080]   You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[00:45:53.080 --> 00:46:02.080]   Please visit www.ruleoflawradio.com and click on the banner or call toll free 866-LAW-EASY.
[00:46:04.080 --> 00:46:30.080]   [Music]
[00:46:30.080 --> 00:46:32.080]   Okay, we are back.
[00:46:32.080 --> 00:46:35.080]   Randy Kelton, Debra Stevens, Rule of Law Radio.
[00:46:35.080 --> 00:46:39.080]   And the call lines are building up, so I will go to that.
[00:46:39.080 --> 00:46:45.080]   I just wanted to finish up quickly on motions.
[00:46:45.080 --> 00:46:47.080]   Yeah, can I make one comment here, Randy?
[00:46:47.080 --> 00:46:48.080]   Absolutely, absolutely.
[00:46:48.080 --> 00:46:52.080]   I just wanted to say, just to follow up on this boilerplate business.
[00:46:52.080 --> 00:46:59.080]   You know, one of the things we attempt to do on this show here, as part of our entertainment, you know,
[00:46:59.080 --> 00:47:01.080]   and everyone makes fun of attorneys and all that.
[00:47:01.080 --> 00:47:15.080]   But part of what we attempt to do here is not just give people a dry legal education on how to deal with the court systems and things like this
[00:47:15.080 --> 00:47:18.080]   and how to write documents or how not to write documents or whatever.
[00:47:18.080 --> 00:47:27.080]   Part of what we attempt to do here is to get people over the fear factor, what I call the fear factor.
[00:47:27.080 --> 00:47:35.080]   Not everyone has it, but a lot of people have this fear factor when it comes to lawyers and the court systems in general.
[00:47:35.080 --> 00:47:38.080]   A lot of people are just terrified of the courts.
[00:47:38.080 --> 00:47:41.080]   They just absolutely are terrified of these judges.
[00:47:41.080 --> 00:47:42.080]   They are terrified of the courts.
[00:47:42.080 --> 00:47:43.080]   They are terrified of the attorneys.
[00:47:43.080 --> 00:47:45.080]   They are terrified of their own attorneys.
[00:47:45.080 --> 00:47:47.080]   Actually, you should be terrified of your own attorney.
[00:47:47.080 --> 00:47:50.080]   He is probably the most dangerous man in the courtroom to you.
[00:47:50.080 --> 00:47:57.080]   But anyway, the point I'm trying to make is when you really start studying this stuff and see how it works,
[00:47:57.080 --> 00:48:01.080]   you find out it's just all a big charade.
[00:48:01.080 --> 00:48:02.080]   It's just all a big game.
[00:48:02.080 --> 00:48:08.080]   And these lawyers, they don't know any more about it than you do when push comes to shove.
[00:48:08.080 --> 00:48:17.080]   They just have a little bit more book learning as far as like what Randy was saying about the legal theory and legal principles
[00:48:17.080 --> 00:48:21.080]   and maybe the history of law and maybe they know some case law and stuff like that.
[00:48:21.080 --> 00:48:28.080]   But I mean really when it comes to handling yourself in court, they don't know any more than you do.
[00:48:28.080 --> 00:48:32.080]   They don't teach them in law school how to write legal documents.
[00:48:32.080 --> 00:48:39.080]   Once they get out of law school and they've got all the hoity-toity book smart business and they get their bar card
[00:48:39.080 --> 00:48:44.080]   and they have to write these essays and it's all ethereal and abstract and all that,
[00:48:44.080 --> 00:48:47.080]   they can't function in the court any better than you can.
[00:48:47.080 --> 00:48:49.080]   I'm serious. I'm totally serious.
[00:48:49.080 --> 00:48:55.080]   And you'll find out once you start doing this, once you start handling some cases on your own,
[00:48:55.080 --> 00:48:59.080]   it can start with minor stuff, traffic tickets, okay?
[00:48:59.080 --> 00:49:06.080]   I would say the debt collectors, the best way to cut your teeth in the courtroom is to go after some scumbag debt collector.
[00:49:06.080 --> 00:49:07.080]   I'm serious.
[00:49:07.080 --> 00:49:08.080]   It's a lot of fun.
[00:49:08.080 --> 00:49:10.080]   You've got nothing to lose.
[00:49:10.080 --> 00:49:14.080]   And with the Mike Mears method, everything is laid out for you. It's all there.
[00:49:14.080 --> 00:49:19.080]   You go cut your teeth on the court system with beating up a scumbag debt collector,
[00:49:19.080 --> 00:49:23.080]   that is the best legal education you'll ever get and it's very empowering.
[00:49:23.080 --> 00:49:27.080]   And what you'll find out is that they don't know any more about it than you do
[00:49:27.080 --> 00:49:37.080]   and that they strictly rely on boilerplate farms, whether it's O'Connor's or whether it's whatever they got
[00:49:37.080 --> 00:49:43.080]   or they may have their own cash in their dresser drawer or not their dresser drawer, their desk drawer
[00:49:43.080 --> 00:49:49.080]   or they have their set of PDF forms or whatever that they pass around amongst each other and then they fill in the blanks.
[00:49:49.080 --> 00:49:52.080]   They strictly work off of boilerplate business.
[00:49:52.080 --> 00:49:54.080]   Okay, they hardly think for themselves at all.
[00:49:54.080 --> 00:49:59.080]   They hardly do any case law research on their own at all, okay?
[00:49:59.080 --> 00:50:02.080]   And so I agree with Randy.
[00:50:02.080 --> 00:50:09.080]   It's good to use some of these forms because the judge doesn't have to go looking up 20 or 30 new cases that he's not familiar with.
[00:50:09.080 --> 00:50:13.080]   But on top of that, do your own case law research.
[00:50:13.080 --> 00:50:16.080]   Throw some new cases in there in the form.
[00:50:16.080 --> 00:50:21.080]   Give it a little twist because then these attorneys have to actually do some work, okay?
[00:50:21.080 --> 00:50:24.080]   They have to actually do a little bit of research.
[00:50:24.080 --> 00:50:29.080]   They have to actually do a little bit of homework and sometimes it stumps them so hard
[00:50:29.080 --> 00:50:34.080]   that because they have a golf game or something that they just don't have time to fight you.
[00:50:34.080 --> 00:50:39.080]   You end up winning the case just because you did a little bit extra work than they did on top of the forms.
[00:50:39.080 --> 00:50:45.080]   So believe me, the boilerplate business, it's strictly boilerplate business with these guys.
[00:50:45.080 --> 00:50:48.080]   They hardly have an original thought at all.
[00:50:48.080 --> 00:50:53.080]   And any attorneys out there who say, "I'm sorry if I'm insulting you, but it's just been my experience.
[00:50:53.080 --> 00:50:55.080]   I've hardly found an attorney that has an original thought."
[00:50:55.080 --> 00:50:57.080]   Occasionally you will find one.
[00:50:57.080 --> 00:50:59.080]   Anyway, that's just my take on it.
[00:50:59.080 --> 00:51:02.080]   So just a word of encouragement to the listeners out there.
[00:51:02.080 --> 00:51:04.080]   Do not be afraid of these guys.
[00:51:04.080 --> 00:51:10.080]   Unless he's your attorney, then you need to treat with caution and make sure you keep him under control.
[00:51:10.080 --> 00:51:11.080]   And we can teach you that too.
[00:51:11.080 --> 00:51:12.080]   So go ahead, Randy.
[00:51:12.080 --> 00:51:13.080]   Yeah.
[00:51:13.080 --> 00:51:21.080]   And in the lawyer's defense, you have a judge here who's used to hearing these cases.
[00:51:21.080 --> 00:51:24.080]   He's used to hearing these cases a certain way.
[00:51:24.080 --> 00:51:27.080]   And he would rather be playing golf.
[00:51:27.080 --> 00:51:30.080]   Now he deals with these same lawyers over and over.
[00:51:30.080 --> 00:51:32.080]   They know each other.
[00:51:32.080 --> 00:51:36.080]   Everybody knows each other really well.
[00:51:36.080 --> 00:51:44.080]   And when one of these lawyers comes in there and trips up the judge or trips up the lawyer on the other side, they are not happy campers.
[00:51:44.080 --> 00:51:48.080]   They all want to go out to lunch or go and play golf.
[00:51:48.080 --> 00:51:51.080]   They don't want to stand in here arguing all day.
[00:51:51.080 --> 00:51:55.080]   Now they'll do that if they have a good client's compendium on money.
[00:51:55.080 --> 00:51:57.080]   And the lawyers understand that.
[00:51:57.080 --> 00:52:08.080]   But if a lawyer just brings in new cases or argues new issues and he can't show a really good reason, they are going to be really unhappy with him.
[00:52:08.080 --> 00:52:22.080]   So lawyers try to make work light for the judge when they can, because they don't want the judge ruling against them out of hand and they can.
[00:52:22.080 --> 00:52:29.080]   So in the lawyer's defense, you know, lawyers, for the most part, spend six, eight years in law school.
[00:52:29.080 --> 00:52:34.080]   So most of them, they want to help people.
[00:52:34.080 --> 00:52:35.080]   That's why they go to law school.
[00:52:36.080 --> 00:52:42.080]   You know, a few of them just go to law school to make money and they probably have a career path laid out for them already.
[00:52:42.080 --> 00:52:46.080]   But most of them, most people go to law schools to help people.
[00:52:46.080 --> 00:53:04.080]   Very few go to law school thinking that I'm going to spend six to eight years in law school and incur a hundred, a hundred and fifty thousand dollar student loan debt so that I can spend the rest of my professional career kissing some arrogant judge in the face.
[00:53:04.080 --> 00:53:08.080]   Arrogant judges behind.
[00:53:08.080 --> 00:53:14.080]   But that's what they're faced with once they get out into the field.
[00:53:14.080 --> 00:53:21.080]   They either do what that judge wants them to do or that judge will kick their behind.
[00:53:21.080 --> 00:53:26.080]   And the law and what's right don't have anything to do with it.
[00:53:26.080 --> 00:53:32.080]   It may, but it does not necessarily have anything to do with it.
[00:53:32.080 --> 00:53:33.080]   That's what lawyers are faced with.
[00:53:33.080 --> 00:53:39.080]   So you get a lawyer, you go to a lawyer and you want him to argue an issue he hasn't addressed before.
[00:53:39.080 --> 00:53:41.080]   He doesn't want to.
[00:53:41.080 --> 00:53:43.080]   You don't want to get that judge upset at him.
[00:53:43.080 --> 00:53:51.080]   He doesn't want to go in there and give him some improper case law and wind up with the judge crawling down his throat.
[00:53:51.080 --> 00:54:00.080]   I had a friend, you know, and lawyers hate pro se's for this, a friend in Dallas area fighting a IRS lien.
[00:54:00.080 --> 00:54:03.080]   He couldn't find any case law on point.
[00:54:03.080 --> 00:54:06.080]   And this is a point I did want to make.
[00:54:06.080 --> 00:54:21.080]   If you can't find case law to support your position, look at what the lawyer cited to support his position because those cases will refer you to the cases that support your position.
[00:54:21.080 --> 00:54:24.080]   That's how you get your first case or two on point.
[00:54:24.080 --> 00:54:31.080]   Well, and I told Ben, make sure you check their case law because they often cite the wrong case.
[00:54:31.080 --> 00:54:44.080]   Well, the lawyer had cited this case and it specifically said exactly the opposite of what Ben needed.
[00:54:44.080 --> 00:54:57.080]   Then when he read the case, that quotation was where the judge said, this is what the courts have been saying, but this is a bunch of crap.
[00:54:57.080 --> 00:54:59.080]   Oh, you ought to do it this way.
[00:54:59.080 --> 00:55:02.080]   It was the opposite.
[00:55:02.080 --> 00:55:04.080]   The lawyer just didn't read the whole case.
[00:55:04.080 --> 00:55:05.080]   He found that quotation.
[00:55:05.080 --> 00:55:07.080]   It fit exactly what he wanted.
[00:55:07.080 --> 00:55:08.080]   He stuck it in there.
[00:55:08.080 --> 00:55:10.080]   So he shot himself in the foot.
[00:55:10.080 --> 00:55:19.080]   Yeah, Ben came in with the lawyer's same case and when the judge saw what they had done, he was not happy.
[00:55:19.080 --> 00:55:25.080]   And this is one of two times that I know of that a judge has thrown out an IRS lien.
[00:55:25.080 --> 00:55:31.080]   He reinstated it later, but he was so PO'd at the lawyers, he threw out their liens.
[00:55:31.080 --> 00:55:36.080]   So always check their case law and it will save you a lot of work.
[00:55:36.080 --> 00:55:37.080]   Yeah.
[00:55:37.080 --> 00:55:42.080]   And I wanted to make a mention, speaking of case law, Randy, I wanted to make mention of one other tip.
[00:55:42.080 --> 00:55:50.080]   And this is a Randy Kelton tip that Randy gave to me when I was working on a case a few years ago chasing down case law.
[00:55:50.080 --> 00:56:00.080]   He said if you come across some case law that is really strong and powerful that supports your side, and by that I mean like if it's appellate case law,
[00:56:00.080 --> 00:56:07.080]   pull it up, especially if it's federal, you can do it on pay serve, if it's state you may have to go down to the courthouse to pull it up,
[00:56:07.080 --> 00:56:17.080]   but pull up the docket sheet of the case and if there have been any briefs filed in the case by either side,
[00:56:17.080 --> 00:56:28.080]   especially by the side that won the case, you can find gold mines of case law in those briefs.
[00:56:28.080 --> 00:56:36.080]   And that will take you on a further adventure to really jam pack your case with good case law.
[00:56:36.080 --> 00:56:42.080]   And that was some of the best advice, Randy, that you ever gave me when I was working on this case a couple years ago
[00:56:42.080 --> 00:56:54.080]   because it basically opened the door to so much case law in such a powerful argument that it pretty much, that in and of itself, won us the case, that one brief.
[00:56:54.080 --> 00:57:01.080]   In fact, I practically plagiarized the brief, but some of it wasn't relevant so I took out part of it.
[00:57:01.080 --> 00:57:06.080]   You stole my thunder, that's what I started to say.
[00:57:06.080 --> 00:57:13.080]   Most of what I put in my arguments, I've taken out of someone's briefs.
[00:57:13.080 --> 00:57:20.080]   Sometimes they'll call it points and authorities, but that's the document that has all the case law in it.
[00:57:20.080 --> 00:57:24.080]   Yeah, yeah.
[00:57:24.080 --> 00:57:27.080]   If it fits the situation, I cut and paste.
[00:57:27.080 --> 00:57:37.080]   These lawyers, the thing I like to do most is cut and paste out of a judge's opinion.
[00:57:37.080 --> 00:57:43.080]   They get clerks to write them some really nice opinions.
[00:57:43.080 --> 00:57:52.080]   We're extremely well-worded and I just take that and drop it in the document and I go through it.
[00:57:52.080 --> 00:58:01.080]   I may have to make some slight alterations to fit this situation, but when the judge reads it, he's going to know exactly what that is.
[00:58:01.080 --> 00:58:10.080]   That is obviously a judge's opinion, so it tends to give it more weight.
[00:58:10.080 --> 00:58:14.080]   Okay, I've held everybody up long enough. We'll come back on the other side.
[00:58:14.080 --> 00:58:20.080]   We will go to our callers, Kathy, Jason, Doug, Paul, I see you there.
[00:58:20.080 --> 00:58:24.080]   We will start taking the calls when we come back on the other side.
[00:58:24.080 --> 00:58:31.080]   But if you're going to do case law, first thing, get the litigation gun.
[00:58:31.080 --> 00:58:37.080]   You will be absolutely amazed at how much you won't have to mess with
[00:58:37.080 --> 00:58:42.080]   because 90% of all your stuff has already been done for you.
[00:58:42.080 --> 00:58:48.080]   We'll be right back. Caller number 512-646-1984.
[00:58:48.080 --> 00:58:51.080]   We'll be right back.
[00:58:51.080 --> 00:58:54.080]   The Bible remains the most popular book in the world,
[00:58:54.080 --> 00:58:59.080]   yet countless readers are frustrated because they struggle to understand it.
[00:58:59.080 --> 00:59:02.080]   Some new translations try to help by simplifying the text,
[00:59:02.080 --> 00:59:07.080]   but in the process can compromise the profound meaning of the scripture.
[00:59:07.080 --> 00:59:09.080]   Enter the Recovery Version.
[00:59:09.080 --> 00:59:13.080]   First, this new translation is extremely faithful and accurate,
[00:59:13.080 --> 00:59:18.080]   but the real story is the more than 9,000 explanatory footnotes.
[00:59:18.080 --> 00:59:22.080]   Difficult and profound passages are opened up in a marvelous way,
[00:59:22.080 --> 00:59:28.080]   providing an entrance into the riches of the Word beyond which you've ever experienced before.
[00:59:28.080 --> 00:59:33.080]   Bibles for America would like to give you a free Recovery Version simply for the asking.
[00:59:33.080 --> 00:59:39.080]   This comprehensive yet compact study Bible is yours just by calling us toll-free
[00:59:39.080 --> 00:59:48.080]   at 1-888-551-0102 or by ordering online at freestudybible.com.
[00:59:48.080 --> 00:59:51.080]   That's freestudybible.com.
[00:59:51.080 --> 00:59:56.080]   You're listening to the Logos Radio Network.
[00:59:56.080 --> 01:00:00.080]   At logosradionetwork.com.
[01:00:00.080 --> 01:00:10.080]   You're listening to The Liberty Beat, your daily source for Liberty news and activist updates.
[01:00:10.080 --> 01:00:13.080]   Online at thedelibertybeats.com.
[01:00:13.080 --> 01:00:19.080]   John Bush here with your Liberty Beat for May 16, 2013.
[01:00:19.080 --> 01:00:22.080]   Gold opened today at $1,411.
[01:00:22.080 --> 01:00:28.080]   Silver at $22.90 and Bitcoin is trading at $114.
[01:00:28.080 --> 01:00:32.080]   The Liberty Beat is currently looking for sponsors to provide financial support to our message.
[01:00:32.080 --> 01:00:38.080]   In exchange for an affordable monthly donation, your business or cause will be announced regularly on The Liberty Beat.
[01:00:38.080 --> 01:00:41.080]   Your support goes a long way to keep our operation running.
[01:00:41.080 --> 01:00:46.080]   If you're interested in sponsoring The Liberty Beat, please call 512-767-4043.
[01:00:46.080 --> 01:00:49.080]   That's 512-767-4043.
[01:00:49.080 --> 01:00:52.080]   And now the news.
[01:00:52.080 --> 01:00:56.080]   Yesterday evening President Barack Obama announced the resignation of top IRS Commissioner Stephen Miller
[01:00:56.080 --> 01:01:01.080]   in the wake of a scandal that revealed the IRS was flagging citizen groups for enhanced scrutiny
[01:01:01.080 --> 01:01:06.080]   because of their affiliation with promoting ideas espoused by the Tea Party and Patriot Movement.
[01:01:06.080 --> 01:01:11.080]   Obama said he will do "everything in his power to make sure nothing like this ever happens again."
[01:01:11.080 --> 01:01:17.080]   This development comes within 24 hours after U.S. Attorney General Eric Holder claimed the Department of Justice
[01:01:17.080 --> 01:01:22.080]   had no idea the IRS was making such policy and had no involvement in its implementation.
[01:01:22.080 --> 01:01:26.080]   The White House and Attorney General also under fire for information released this week,
[01:01:26.080 --> 01:01:31.080]   which revealed that the DOJ is tapping the phone lines and emails of journalists throughout the United States.
[01:01:31.080 --> 01:01:36.080]   [music]
[01:01:36.080 --> 01:01:40.080]   In foreign policy news, multiple bombs exploded yesterday across Baghdad,
[01:01:40.080 --> 01:01:43.080]   killing 22 people and injuring dozens more, according to Reuters.
[01:01:43.080 --> 01:01:48.080]   While the United States government continues to maintain the lie that the conflict in Iraq has ceased,
[01:01:48.080 --> 01:01:53.080]   some reports indicate that over 110,000 have died due to violence in Iraq since 2003.
[01:01:53.080 --> 01:02:00.080]   The Zafrania and Sadr City districts of Baghdad suffered from the attacks that targeted a cafe and a marketplace.
[01:02:00.080 --> 01:02:04.080]   Reuters points to the bomb attacks as proof of sectarian Shiite Sunni Muslim violence.
[01:02:04.080 --> 01:02:08.080]   However, it remains unclear who exactly was behind the attacks.
[01:02:08.080 --> 01:02:12.080]   [music]
[01:02:12.080 --> 01:02:18.080]   The Long Island Press reports that the U.S. military has quietly granted itself the ability to police the streets
[01:02:18.080 --> 01:02:22.080]   without obtaining prior approval from state or local law enforcement agencies.
[01:02:22.080 --> 01:02:26.080]   The new language in the U.S. Code, titled "Defense Support of Civilian Law Enforcement Agencies,"
[01:02:26.080 --> 01:02:30.080]   gives the military permission to intervene in the event of "civil disturbances."
[01:02:30.080 --> 01:02:35.080]   Most concerning apart about the new language, similar to many other federal laws,
[01:02:35.080 --> 01:02:39.080]   is that it uses vague language and is open to interpretation.
[01:02:39.080 --> 01:03:00.080]   [music]
[01:03:00.080 --> 01:03:25.080]   [music]
[01:03:25.080 --> 01:03:45.080]   [music]
[01:03:45.080 --> 01:03:56.080]   [music]
[01:03:56.080 --> 01:04:06.080]   Okay, we are back. Randy Kelton, Debra Stevens, Rula Radio, and this is a Thursday, May the 16th,
[01:04:06.080 --> 01:04:09.080]   almost halfway through the year already.
[01:04:09.080 --> 01:04:14.080]   Okay, we're going to go to Kathy in Texas.
[01:04:14.080 --> 01:04:16.080]   Hello, Ms. Kathy.
[01:04:16.080 --> 01:04:18.080]   Well, hello, Randy.
[01:04:18.080 --> 01:04:21.080]   You're going to stomp the chomp today?
[01:04:21.080 --> 01:04:27.080]   No, actually, y'all were talking about all the good O'Connors and all the good books and things,
[01:04:27.080 --> 01:04:32.080]   and I just wanted to basically say don't forget, and I know it sounds like a plug,
[01:04:32.080 --> 01:04:35.080]   and I don't want to give a free advertisement, but, you know, here in Austin,
[01:04:35.080 --> 01:04:40.080]   Half Price Books is full of legal books, really good stuff.
[01:04:40.080 --> 01:04:47.080]   They sell them all day, weekend, they usually have a 20% off sale, and it's like we just kind of hang out there.
[01:04:47.080 --> 01:04:54.080]   We still buy the old-fashioned books, but they do have, you know, a lot of things on CD, a lot of programs,
[01:04:54.080 --> 01:05:00.080]   and all kinds of stuff, so, and Austin at least has a resource that you might get lucky there
[01:05:00.080 --> 01:05:09.080]   and not have to go track down lawyers to get some good old O'Connors or whatever you're looking for.
[01:05:09.080 --> 01:05:15.080]   That's a real good point because I've gotten a lot of my O'Connors from Half Price Books.
[01:05:15.080 --> 01:05:21.080]   Yeah, and the other thing I was hearing you say, and maybe you're not saying it,
[01:05:21.080 --> 01:05:26.080]   but it sounds to me like if we want to go into court pro se,
[01:05:26.080 --> 01:05:35.080]   it's exactly the same as any other business negotiation or even a marriage or relationships of any kind,
[01:05:35.080 --> 01:05:49.080]   that you go into it expecting a fight, but you go in to diffuse the fight by simply saying it like you want to hear it.
[01:05:49.080 --> 01:05:54.080]   What would you like to hear? I'll tell you that. Just what would you like to hear? Here it is.
[01:05:54.080 --> 01:06:04.080]   Exactly. We have to keep in mind, pro se is, a lot of them and a lot of legal researchers,
[01:06:04.080 --> 01:06:17.080]   the pro se researchers, treat the laws and statutes as if they're Bible verse or have that authority.
[01:06:17.080 --> 01:06:27.080]   Not that way at all. They treat their public officials as if they must always do exactly what they're supposed to do.
[01:06:27.080 --> 01:06:34.080]   Well, maybe they should, but that's not the way it works in the real world you and I live in.
[01:06:34.080 --> 01:06:40.080]   Well, it's not the way it works in the world we work in, play in, and just negotiate in either.
[01:06:40.080 --> 01:06:45.080]   I mean, let's look around. Nothing's quite like it ought to be.
[01:06:45.080 --> 01:06:55.080]   So, why do we expect the law situation and all of this court system full of people, anything full of people,
[01:06:55.080 --> 01:07:00.080]   we should expect it to be just like our everyday interactions with each other?
[01:07:00.080 --> 01:07:06.080]   Yeah, and that's what I'm trying to get people to make this adjustment.
[01:07:06.080 --> 01:07:13.080]   You will not win your case simply because you have the law and the facts on your side.
[01:07:13.080 --> 01:07:19.080]   I know it should be that way, and I know in school they teach us that it's that way,
[01:07:19.080 --> 01:07:25.080]   but in the real world it is not that way and it never has been that way.
[01:07:25.080 --> 01:07:36.080]   So, in order to gain remedy, we have to understand what the real forces are that are acting on these people.
[01:07:36.080 --> 01:07:42.080]   And we may have to go against the grain. That's not necessarily a bad thing.
[01:07:42.080 --> 01:07:49.080]   No, but it's like Deborah said, you can't go in there and not be intimidated or afraid at some level.
[01:07:49.080 --> 01:07:57.080]   But knowing that, knowing that you're going in there in front of people that hold your life or livelihood in their hands,
[01:07:57.080 --> 01:08:06.080]   that would make it a whole lot easier for me to grovel or eat crow or whatever I need to do to make them hear what I need them to hear.
[01:08:06.080 --> 01:08:10.080]   They need to hear a tone of voice that I'm not here to fight about it.
[01:08:10.080 --> 01:08:15.080]   No, I'm not, I'm not, I can't win. I know I can't win. I go in knowing I can't win.
[01:08:15.080 --> 01:08:17.080]   So, what do you want? What can I do for you?
[01:08:17.080 --> 01:08:23.080]   Well, you go in knowing you can't win the whole enchilada.
[01:08:23.080 --> 01:08:37.080]   But if you're going to take on a legal issue, first thing you should do is write down what for you would be an equitable outcome.
[01:08:37.080 --> 01:08:42.080]   Don't just think it, write it down, make it real.
[01:08:42.080 --> 01:08:45.080]   And then go in and ask for more than you want.
[01:08:45.080 --> 01:08:52.080]   Go in and ask for anything you want to, but know when you've won.
[01:08:52.080 --> 01:08:56.080]   When you've reached your equitable outcome, you have to be careful.
[01:08:56.080 --> 01:09:02.080]   These are, especially when you're pro se, it's a lot more emotional. It's not so emotional for a lawyer.
[01:09:02.080 --> 01:09:05.080]   He does this every day, but for you it's emotional.
[01:09:05.080 --> 01:09:13.080]   Yeah, but also, I can't win. That's the attitude I'd like them to feel.
[01:09:13.080 --> 01:09:25.080]   I know I'm not a match for you. That's what I meant. But yeah, we can, I think we can win.
[01:09:25.080 --> 01:09:33.080]   Okay, the thing I'm most concerned with is we get in these fights with these folks and we're out of our element.
[01:09:33.080 --> 01:09:38.080]   And they do things and we have these emotional responses to what they do.
[01:09:38.080 --> 01:09:46.080]   And then we do something to help our side and they do something else and we have more emotional responses.
[01:09:46.080 --> 01:09:51.080]   And if we're not careful, we lose sight of the prize.
[01:09:51.080 --> 01:09:59.080]   It stops being about an equitable outcome and it becomes about the fight.
[01:09:59.080 --> 01:10:07.080]   It becomes about retribution and retaliation. And we forget what we're there for.
[01:10:07.080 --> 01:10:10.080]   And if you go in for that, you will lose.
[01:10:10.080 --> 01:10:13.080]   Yeah, exactly. You will lose every time.
[01:10:13.080 --> 01:10:22.080]   And I'm convinced that that attitude is what's gotten us so many ridiculous laws to where we have no freedom.
[01:10:22.080 --> 01:10:30.080]   That's where the laws are coming down on us like tyranny because so many people have gone into court with the vindictive attitude.
[01:10:30.080 --> 01:10:34.080]   It's like, well, this happened to me and this happened, it's not going to happen to anybody else because we're going to make a new law.
[01:10:34.080 --> 01:10:42.080]   We're going to make a new law. And that has really cost us over the long haul because people are not just going for remedy to their situation.
[01:10:42.080 --> 01:10:47.080]   They're going for vengeance against the whole world. And it's cost us.
[01:10:47.080 --> 01:11:00.080]   It's always a bad strategy. Write down what for you would be an equitable outcome so that when you reach it, you will know that you have reached it.
[01:11:00.080 --> 01:11:10.080]   We had had some people in Pennsylvania that had IRS liens been fighting them for four or five years.
[01:11:10.080 --> 01:11:15.080]   Called a friend of mine. She went in. She was helping somebody else there and they referred her to these people.
[01:11:15.080 --> 01:11:20.080]   She sat down with them and asked them, what do they want? They said they want to get rid of these IRS liens.
[01:11:20.080 --> 01:11:25.080]   So she looked at them, tore it up, threw it in the garbage, said, okay, they're gone. Anything else?
[01:11:25.080 --> 01:11:37.080]   Well, turned out the IRS liens had expired a year earlier and the IRS hadn't renewed them.
[01:11:37.080 --> 01:11:42.080]   So they were gone anyway. They were gone. They were gone. So what did the people do?
[01:11:42.080 --> 01:11:49.080]   They wrote a scathing letter to the IRS and the IRS reinstated the liens.
[01:11:49.080 --> 01:11:51.080]   Reopened the old one. Yep.
[01:11:51.080 --> 01:12:02.080]   What do you want? Align it, define it, specify it, write it down. What do you want?
[01:12:02.080 --> 01:12:04.080]   Yeah, Cassie, I wanted to ask you something.
[01:12:04.080 --> 01:12:13.080]   I didn't quite understand what you were saying a minute ago where you were saying something about going in there and wanting them to think that --
[01:12:13.080 --> 01:12:18.080]   I didn't quite get that -- that you wanted them to think that you think, look, I'm no match for you.
[01:12:18.080 --> 01:12:21.080]   What exactly do you mean by -- what are you trying to say?
[01:12:21.080 --> 01:12:24.080]   I think don't go in and challenge the court.
[01:12:24.080 --> 01:12:31.080]   Don't go in -- because you have a great brief that you've copied from somebody and you know it's just perfect,
[01:12:31.080 --> 01:12:47.080]   we still want to go in there with a respectful attitude and it seems to me that it's much easier to deal with someone who wants to lord it over you by simply saying, you know, here's the best I can do.
[01:12:47.080 --> 01:12:53.080]   Wait a minute. I think the term you're looking for is be humble.
[01:12:53.080 --> 01:12:55.080]   A bit humble, yes.
[01:12:55.080 --> 01:12:56.080]   And be meek.
[01:12:56.080 --> 01:12:58.080]   Meek. But now --
[01:12:59.080 --> 01:13:01.080]   Let's not misunderstand meek.
[01:13:01.080 --> 01:13:05.080]   Let's not misunderstand meek because I have a totally different understanding of meek.
[01:13:05.080 --> 01:13:09.080]   Meek does not mean weak and receding.
[01:13:09.080 --> 01:13:12.080]   Meek means quiet strength.
[01:13:12.080 --> 01:13:24.080]   Well, I would -- my experience that seemed to work -- you know, the attitude that I took, the position that I took every time I've been in court that seemed to work for me, you know, may not work for other people,
[01:13:24.080 --> 01:13:36.080]   is that toward the court I am humble and respectful and all of that and toward my opponents I am formidable.
[01:13:36.080 --> 01:13:43.080]   I don't want my opponent for one second to think that I have the attitude that I'm no match for him or her.
[01:13:43.080 --> 01:13:47.080]   No, they are no match for me, okay?
[01:13:47.080 --> 01:13:55.080]   And I don't flaunt that attitude verbally or with looks on my face or anything like that in the courtroom.
[01:13:55.080 --> 01:14:05.080]   I'm still polite to my opponents face to face in the courtroom and I'm respectful to the court, to the judge.
[01:14:05.080 --> 01:14:12.080]   But in my documents and in my opening and closing statements, I let them know who the boss is.
[01:14:12.080 --> 01:14:13.080]   And it's me.
[01:14:13.080 --> 01:14:20.080]   And I let them know that don't you think for one second that just because I'm pro se that you're going to railroad me or run all over me.
[01:14:20.080 --> 01:14:30.080]   I let them know right off the bat that you're dealing with a formidable opponent, but yet I am still respectful and I am still, you know, have that respectful attitude,
[01:14:30.080 --> 01:14:35.080]   but with quiet confidence and not arrogant or rude.
[01:14:35.080 --> 01:14:44.080]   I let my documents and my research speak for me in my filings and I carefully prepare my statements.
[01:14:44.080 --> 01:14:46.080]   So that's what I would say.
[01:14:46.080 --> 01:14:53.080]   I don't go in there with an attitude of, you know, you guys are better than me because I'm pro se or you all have all this much more experience than me.
[01:14:53.080 --> 01:14:54.080]   No, no.
[01:14:54.080 --> 01:14:56.080]   That's what I was saying at the beginning.
[01:14:56.080 --> 01:15:00.080]   Most of these attorneys, they don't know any more about it than we do, you know,
[01:15:00.080 --> 01:15:10.080]   but I don't pull a cocky attitude or anything towards the judge, but if the opposing attorney or the prosecutor tries to pull some demeaning,
[01:15:10.080 --> 01:15:17.080]   condescending, belittling attitude towards me, they're going to find out real quick what I'm all about.
[01:15:17.080 --> 01:15:20.080]   Yeah, and I'm not talking about being a format.
[01:15:20.080 --> 01:15:21.080]   No.
[01:15:21.080 --> 01:15:24.080]   No, I was just basically like you.
[01:15:24.080 --> 01:15:35.080]   It seems to me that some of the pro se, some of the people I know who have gone into court go in looking for a fight.
[01:15:35.080 --> 01:15:40.080]   It's like, okay, I'm here and I know this and here's my stuff, and they're not really disrespectful,
[01:15:40.080 --> 01:15:47.080]   but the attitude is so much I should be, I should get this and I should, you know,
[01:15:47.080 --> 01:15:57.080]   I should have it because my brief is good and my argument is just, but again, like Randy said, that's in an ideal world.
[01:15:57.080 --> 01:16:03.080]   So my take, and maybe it's just my personal way of dealing with people.
[01:16:03.080 --> 01:16:21.080]   Any situation that can be confrontational, someone has to take the lead in being not lesser or subservient or anything,
[01:16:21.080 --> 01:16:28.080]   but if there's going to be an argument, I'm going to try to disarm it quietly.
[01:16:28.080 --> 01:16:30.080]   I'm going to throw some sugar at it.
[01:16:30.080 --> 01:16:31.080]   Right.
[01:16:31.080 --> 01:16:40.080]   Well, you know, courts are adversarial, unfortunately, and so, you know, the approach that I've always taken is just to be professional,
[01:16:40.080 --> 01:16:49.080]   to be as professional as possible in the adversarial arena that the court system is, but we're going to break.
[01:16:49.080 --> 01:16:53.080]   We've only got a couple seconds left, Kathy, or do we have anything else or can we move on?
[01:16:53.080 --> 01:16:54.080]   No, I'm done.
[01:16:54.080 --> 01:16:55.080]   All right, great.
[01:16:55.080 --> 01:16:56.080]   Thank you.
[01:16:56.080 --> 01:16:57.080]   We'll be right back on the other side.
[01:16:59.080 --> 01:17:07.080]   Hey, Tangy Tangerine, see what you've done to me.
[01:17:07.080 --> 01:17:13.080]   I'm losing weight and I'm not half the man I used to be.
[01:17:13.080 --> 01:17:19.080]   Hey, Tangy Tangerine, you make me feel so good.
[01:17:19.080 --> 01:17:22.080]   I don't eat so much food.
[01:17:22.080 --> 01:17:28.080]   Ain't I a sight compared to what I used to be?
[01:17:28.080 --> 01:17:33.080]   Calcium, magnesium, selenium, that's it.
[01:17:33.080 --> 01:17:36.080]   Take a moment now and think.
[01:17:36.080 --> 01:17:45.080]   If you have a little drink, every day will bring the life that you've been looking for.
[01:17:45.080 --> 01:17:53.080]   Beyond Tangy Tangerine is available at Brave New Books, located at 1904 Guadalupe Street.
[01:17:53.080 --> 01:18:00.080]   The bookstore also carries the works of Dr. Joel Wallach, founder of Young Gevity and creator of Beyond Tangy Tangerine.
[01:18:00.080 --> 01:18:07.080]   At Capital Coin in Boolean, our mission is to be your preferred shopping destination by delivering excellent customer service
[01:18:07.080 --> 01:18:10.080]   and outstanding value at an affordable price.
[01:18:10.080 --> 01:18:15.080]   Capital Coin features a great selection of high quality coins and precious metals.
[01:18:15.080 --> 01:18:21.080]   In addition to providing the best prices in the nation, we want to bring you the best shopping experience both in store and online.
[01:18:21.080 --> 01:18:28.080]   In addition to coins and Boolean, we carry popular Young Gevity products such as Beyond Tangy Tangerine and Pollen Burst.
[01:18:28.080 --> 01:18:35.080]   We offer freeze-dried storable foods by Augusta Farms, Berkey Water Products, ammunition at 10% above wholesale, and more.
[01:18:35.080 --> 01:18:40.080]   You can lock in a spot placed with our Silver Pool, and we set up metals IRA accounts.
[01:18:40.080 --> 01:18:44.080]   Call us at 512-646-6440 for more details.
[01:18:44.080 --> 01:18:50.080]   We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson.
[01:18:50.080 --> 01:18:54.080]   We're open Monday through Friday, 10 to 6, Saturdays, 10 to 2.
[01:18:54.080 --> 01:18:59.080]   Visit us at CapitalCoinandBoolean.com or call 512-646-6440.
[01:19:01.080 --> 01:19:08.080]   This is the Logos Radio Network.
[01:19:08.080 --> 01:19:27.080]   Okay folks, we are back. This is the Rule of Law.
[01:19:27.080 --> 01:19:32.080]   We just spoke with Kathy in Texas, and I really liked some of the points that Kathy made.
[01:19:32.080 --> 01:19:38.080]   Basically, you know, going to the emotion thing, which we discussed earlier,
[01:19:38.080 --> 01:19:42.080]   and I think she was, you know, just saying from the other side of the coin.
[01:19:42.080 --> 01:19:49.080]   You know, at the beginning of the show, we were kind of talking about people who are very afraid of the court system and very weak, very timid,
[01:19:49.080 --> 01:19:56.080]   afraid to say anything, afraid to file anything, afraid to do anything, lacking confidence, they get real, let themselves get railroaded, this sort of thing.
[01:19:56.080 --> 01:20:05.080]   And that we're here to instill confidence in people and to teach them, you know, hey, most of the time these attorneys don't know any more about it than you do, that sort of thing.
[01:20:05.080 --> 01:20:10.080]   And I liked some of the points that Kathy raised because she's saying, well, then there's the flip side of the coin.
[01:20:10.080 --> 01:20:16.080]   Then you've got people that go in there and they have this, what Rainey calls, a righteous indignation.
[01:20:16.080 --> 01:20:24.080]   And they feel like they are totally justified and they have an attitude and they're arrogant and they're mad at the system.
[01:20:24.080 --> 01:20:33.080]   And if things don't go their way, then they may outburst in court or worse, some of their court watchers that they bring with them will outburst.
[01:20:33.080 --> 01:20:36.080]   And that has happened in some situations recently.
[01:20:36.080 --> 01:20:48.080]   And it just really does not work for the person who is on the spot there, especially if the court watchers are outbursting and get kicked out of the courtroom and stuff like that.
[01:20:48.080 --> 01:20:56.080]   So, you know, at some point we need to maybe have a course, Randy, or do a show or a few segments on how to behave as a court watcher.
[01:20:56.080 --> 01:21:04.080]   We should address that because some well-meaning court watchers have caused some problems for the people they were trying to help recently.
[01:21:04.080 --> 01:21:06.080]   But anyway, that's another topic.
[01:21:06.080 --> 01:21:08.080]   But back to the attitude thing.
[01:21:08.080 --> 01:21:15.080]   Yes, we want to temper our emotions, I would say, from both directions.
[01:21:15.080 --> 01:21:18.080]   Temper the fear, but temper the anger too.
[01:21:18.080 --> 01:21:24.080]   And remember, go in there, I would say, with a professional attitude.
[01:21:24.080 --> 01:21:25.080]   Okay?
[01:21:25.080 --> 01:21:29.080]   And like the way that Kathy describes it is throwing sugar at the problem.
[01:21:29.080 --> 01:21:39.080]   You know, sometimes if things start to flare up, you know, I probably wouldn't go so far as to throw too much sugar just because, I mean, that's just my personality.
[01:21:39.080 --> 01:21:42.080]   But my personality is like to be professional.
[01:21:42.080 --> 01:21:49.080]   Like behave as if I was an attorney, but not a slime bag attorney, but a professional.
[01:21:49.080 --> 01:21:51.080]   Go in there as a professional.
[01:21:51.080 --> 01:21:52.080]   Wear a suit, okay?
[01:21:52.080 --> 01:21:58.080]   Ladies, wear a suit, a jacket with a matching skirt, you know, an actual suit.
[01:21:58.080 --> 01:21:59.080]   You get respect.
[01:21:59.080 --> 01:22:07.080]   You wear some nice heels, you know, some stockings, you know, men wear at least a shirt and tie, something, you know.
[01:22:07.080 --> 01:22:10.080]   Put on a professional appearance.
[01:22:10.080 --> 01:22:15.080]   Believe me, when you dress that way, you will behave that way.
[01:22:15.080 --> 01:22:19.080]   And there's actually been psychological studies done on this, but we're not going to get into that now.
[01:22:19.080 --> 01:22:22.080]   But the point I'm trying to make is to be professional.
[01:22:22.080 --> 01:22:37.080]   Have a professional attitude and you have to watch it sometimes because sometimes the other side, the opponent will try to go you into either losing your temper or letting down your guard.
[01:22:37.080 --> 01:22:38.080]   Okay?
[01:22:38.080 --> 01:22:42.080]   If you don't go in there with a big righteous indignation attitude, you'll be surprised.
[01:22:42.080 --> 01:22:55.080]   Sometimes the opponent will try to stir that up in you and so you have to be on guard for the emotional triggers, you know, that they'll try to pull, you know, the emotional buttons that they'll try to push on you.
[01:22:55.080 --> 01:23:01.080]   Let me -- I'm just going to give a quick example because I know we have callers, but I think that some of this experience could be helpful.
[01:23:01.080 --> 01:23:03.080]   I was involved in a civil case one time.
[01:23:03.080 --> 01:23:06.080]   I'm not going to discuss the whole business of the case.
[01:23:06.080 --> 01:23:10.080]   But I was involved in a civil case one time, a long ongoing case.
[01:23:10.080 --> 01:23:11.080]   All right?
[01:23:11.080 --> 01:23:13.080]   Finally it's the day of the trial.
[01:23:13.080 --> 01:23:20.080]   The opposing -- I've got everything laid out, you know, on the desk there and I'm going through all the discovery papers and I'm organizing.
[01:23:20.080 --> 01:23:30.080]   I've got written objections that I'm going to be filing during the course of the evidentiary hearing in response and we knew how it was all going to go because we had gone through all the discovery and everything.
[01:23:30.080 --> 01:23:31.080]   Okay.
[01:23:31.080 --> 01:23:32.080]   So I'm organizing all my papers.
[01:23:32.080 --> 01:23:34.080]   I'm very focused, very professional.
[01:23:34.080 --> 01:23:36.080]   Being as non-emotional as possible.
[01:23:36.080 --> 01:23:41.080]   And so the opposing counsel comes up to me and is like, "Hi, how you doing?
[01:23:41.080 --> 01:23:45.080]   I just want to shake your hand and finally meet you.
[01:23:45.080 --> 01:23:57.080]   It's so good to finally meet you and, you know, I'm so and so and, you know, we've been filing these documents in this case and in this case and I just wanted to say hi and have a good morning and can I get you a cup of coffee and all this and that."
[01:23:57.080 --> 01:24:03.080]   In other words, he was trying to pour the sugar on me, all right, as a disarming mechanism.
[01:24:03.080 --> 01:24:09.080]   I could see right through it like, "Oh, you're not really such a bad guy now, are you?"
[01:24:09.080 --> 01:24:11.080]   You know, and I was polite.
[01:24:11.080 --> 01:24:13.080]   You know, I wasn't rude to him.
[01:24:13.080 --> 01:24:17.080]   But, you know, I didn't respond in the same manner obviously.
[01:24:17.080 --> 01:24:32.080]   And sure enough, it obviously was an attempt at a disarming tactic because then he tried to pull all kinds of shenanigans in the trial such as introducing last minute requests in equity with the judge.
[01:24:32.080 --> 01:24:40.080]   Inquity which were far beyond the scope of the pleadings and past the deadline for the changing of the pleadings.
[01:24:40.080 --> 01:24:41.080]   They were irrelevant.
[01:24:41.080 --> 01:24:45.080]   The things that he was asking for were not released in discovery, etc., etc.
[01:24:45.080 --> 01:24:49.080]   Just, you know, the same kind of slimebag lawyer tricks that they always try to pull.
[01:24:49.080 --> 01:24:52.080]   And it's like, "Don't try to start with me, okay?"
[01:24:52.080 --> 01:24:54.080]   So anyways, I think Kathy's right.
[01:24:54.080 --> 01:24:56.080]   You know, just temper the emotions.
[01:24:56.080 --> 01:24:57.080]   Don't be too angry.
[01:24:57.080 --> 01:24:59.080]   Don't be too sugary sweet either.
[01:24:59.080 --> 01:25:02.080]   Don't be unconfident.
[01:25:02.080 --> 01:25:07.080]   Just be professional and just go in there and get the job done and take care of business.
[01:25:07.080 --> 01:25:23.080]   And especially if it's a trial level, just go in there knowing you're going to get railroaded and the whole reason you're there is to lay the record, to get in all your objections and to get everything into evidence that you want to get into evidence and to try to prevent the other side from getting their evidence in.
[01:25:23.080 --> 01:25:24.080]   Okay, so that's all I have to say.
[01:25:24.080 --> 01:25:27.080]   All right, any comments, Randy, before we go on?
[01:25:27.080 --> 01:25:31.080]   Randy, did I put him to sleep?
[01:25:31.080 --> 01:25:34.080]   No, my mic was muted again.
[01:25:34.080 --> 01:25:35.080]   Okay.
[01:25:35.080 --> 01:25:36.080]   Demeanor is everything.
[01:25:36.080 --> 01:25:39.080]   You know, I live in a small town.
[01:25:39.080 --> 01:25:47.080]   And every time I wear a suit, if I go into a store or something, the person in front of me will always hold the door for me.
[01:25:47.080 --> 01:25:51.080]   I went in the donut shop one day and Bob Jack Cruz was in front of me.
[01:25:51.080 --> 01:25:52.080]   He opened the door.
[01:25:52.080 --> 01:25:53.080]   He looked back and saw me.
[01:25:53.080 --> 01:25:56.080]   And he stepped back and held the door for me.
[01:25:56.080 --> 01:26:02.080]   And I looked at him and I said, Bobby, you're not holding that door for me, are you?
[01:26:02.080 --> 01:26:04.080]   You're holding that for my suit.
[01:26:04.080 --> 01:26:09.080]   He stood there a second and said, well, yeah, you're right, I am.
[01:26:09.080 --> 01:26:14.080]   I only got arrested once when I was in a suit.
[01:26:14.080 --> 01:26:15.080]   Okay.
[01:26:15.080 --> 01:26:19.080]   I almost never, if I go without a suit, I always get arrested.
[01:26:19.080 --> 01:26:32.080]   And when I go into court and they cannot get me into a confrontation, it makes them crazy.
[01:26:32.080 --> 01:26:36.080]   That's what they're good at.
[01:26:36.080 --> 01:26:42.080]   You know, I talk about the things I do about trying to get judges and prosecutors arrested.
[01:26:42.080 --> 01:26:51.080]   When I ask the bailiff to arrest somebody, that is a prescription for confrontation.
[01:26:51.080 --> 01:26:55.080]   Because confrontation is what the bailiff really knows how to do.
[01:26:55.080 --> 01:27:05.080]   And that's why you've heard me say this signature saying to them when they refuse to arrest the judge or their prosecutor.
[01:27:05.080 --> 01:27:09.080]   Well, Bubba, life is filled with little decisions.
[01:27:09.080 --> 01:27:11.080]   We all get to make some.
[01:27:11.080 --> 01:27:12.080]   You return.
[01:27:12.080 --> 01:27:16.080]   They just do not know how to deal with that.
[01:27:16.080 --> 01:27:28.080]   When we were down at the Senate hearings and I couldn't get the lieutenant to arrest the chairman of the committee.
[01:27:28.080 --> 01:27:32.080]   He's doing all he's trying to get.
[01:27:32.080 --> 01:27:33.080]   He's trying to escalate.
[01:27:33.080 --> 01:27:35.080]   He's trying to get.
[01:27:35.080 --> 01:27:53.080]   He was very gruff and short with me and he was reading me the rules that said that they could restrict my videographer from videotaping the proceedings.
[01:27:53.080 --> 01:27:57.080]   And I said, oh, yeah, those rules.
[01:27:57.080 --> 01:27:58.080]   I don't care about those rules.
[01:27:58.080 --> 01:28:02.080]   And then a little bit later, he said, well, you interrupted me while I was reading you the rules.
[01:28:02.080 --> 01:28:10.080]   And I said, yeah, I know, but you can you can wipe your behind with that stuff, that big, great toilet paper, because that's all it's good for.
[01:28:10.080 --> 01:28:16.080]   And so he's trying to get a confrontation going and I'm turning it into a joke.
[01:28:16.080 --> 01:28:23.080]   And then I told him, look, Lieutenant, I really need you to take off your chicken suit.
[01:28:23.080 --> 01:28:30.080]   And he stood there and looked at me like I don't believe he just said that to me.
[01:28:30.080 --> 01:28:32.080]   So what's he going to do now?
[01:28:32.080 --> 01:28:39.080]   He's going to go to his boss and said, that smart mouth out here told me to take off my chicken suit.
[01:28:39.080 --> 01:28:51.080]   I'm always thinking what would look good before a grand jury of my peers or toward a pedicure of my peers.
[01:28:51.080 --> 01:29:01.080]   And if I wind up having to tell a jury that, yeah, yeah, I did, I did ask him to take his chicken suit off.
[01:29:01.080 --> 01:29:03.080]   Where's that going to get him?
[01:29:03.080 --> 01:29:08.080]   You know, do not let them get you into a confrontation.
[01:29:08.080 --> 01:29:15.080]   No, don't let them goad you into a confrontation or into losing your temper or being arrogant or smart mouthing.
[01:29:15.080 --> 01:29:22.080]   And don't let them sugar sweet you into dropping your guard or disarming you either.
[01:29:22.080 --> 01:29:27.080]   Anyway, I didn't mean to use up a whole segment on this, but I think it's an important thing to discuss.
[01:29:27.080 --> 01:29:32.080]   The bottom line is the point I was trying to make is that be confident and be professional.
[01:29:32.080 --> 01:29:40.080]   And it's okay to have a little bit of emotion where appropriate to show that you're real and that this means something to you.
[01:29:40.080 --> 01:29:45.080]   But don't let the emotions rule your actions.
[01:29:45.080 --> 01:29:49.080]   Okay, be confident and professional and get the job done.
[01:29:49.080 --> 01:29:51.080]   Be formidable.
[01:29:51.080 --> 01:29:53.080]   Be formidable.
[01:29:53.080 --> 01:29:54.080]   Okay.
[01:29:54.080 --> 01:29:56.080]   512-646-1984.
[01:29:56.080 --> 01:29:59.080]   We'll start taking calls on the other side.
[01:29:59.080 --> 01:30:05.080]   How long will you live?
[01:30:05.080 --> 01:30:13.080]   Life insurance companies want to know and they're harvesting information from some surprising sources to determine your risk and set insurance premiums.
[01:30:13.080 --> 01:30:16.080]   I'm Dr. Catherine Albrecht and I'll be back in just a moment with more.
[01:30:16.080 --> 01:30:23.080]   Your search engine is watching you, recording all your searches and creating a massive database of your personal information.
[01:30:23.080 --> 01:30:24.080]   That's creepy.
[01:30:24.080 --> 01:30:26.080]   But it doesn't have to be that way.
[01:30:26.080 --> 01:30:29.080]   Startpage.com is the world's most private search engine.
[01:30:29.080 --> 01:30:36.080]   Startpage doesn't store your IP address, make a record of your searches or use tracking cookies and they're third party certified.
[01:30:36.080 --> 01:30:40.080]   If you don't like big brother spying on you, start over with Startpage.
[01:30:40.080 --> 01:30:43.080]   Great search results and total privacy.
[01:30:43.080 --> 01:30:46.080]   Startpage.com, the world's most private search engine.
[01:30:46.080 --> 01:30:52.080]   Life insurance companies used to set rates based on application information and medical exams.
[01:30:52.080 --> 01:30:55.080]   But now companies are turning to marketing databases for clues.
[01:30:55.080 --> 01:31:01.080]   They're sussing out credit card purchases, internet activity, magazine subscriptions and grocery card data.
[01:31:01.080 --> 01:31:04.080]   And social media posts are an even bigger bonanza.
[01:31:04.080 --> 01:31:12.080]   They're looking for lifestyle indicators like physical activity, financial status and healthy food choices to see who's likely to keel over.
[01:31:12.080 --> 01:31:15.080]   Better not post that photo if you're a prize winning cheesecake.
[01:31:15.080 --> 01:31:18.080]   This is just one more reason to guard your privacy.
[01:31:18.080 --> 01:31:25.080]   If you leave a trail of negative lifestyle indicators, you could find yourself uninsurable or paying exorbitant life insurance premiums.
[01:31:25.080 --> 01:31:26.080]   I'm Dr. Kathryn Albrecht.
[01:31:26.080 --> 01:31:30.080]   More news and information at kathrynalbrecht.com.
[01:31:30.080 --> 01:31:39.080]   Here at Zombie Killer Ammo and Guns, we believe that the Second Amendment guarantees our rights as citizens to be able to defend ourselves and our loved ones.
[01:31:39.080 --> 01:31:44.080]   We also believe that the right to carry weapons comes with the responsibility of being safe and smart about guns.
[01:31:44.080 --> 01:31:51.080]   So if you're going to be in the Corpus Christi area, give us a call at 361-704-6103.
[01:31:51.080 --> 01:31:55.080]   Ask for Chris or Portia and mention this radio ad for a 10% discount.
[01:31:55.080 --> 01:31:58.080]   We can ship ammo, parts and accessories.
[01:31:58.080 --> 01:32:01.080]   Like us on Facebook at Zombie Killers LLC.
[01:32:01.080 --> 01:32:07.080]   At hempusa.org, we offer chemical free products to people around the world.
[01:32:07.080 --> 01:32:11.080]   Detoxifying, self-healing while rebuilding the immune system.
[01:32:11.080 --> 01:32:16.080]   We urge our listeners to please consider our largest selling product, micro plant powder.
[01:32:16.080 --> 01:32:26.080]   Our micro plant powder is rich in iodine, probiotics, zinc and silica to help rebuild the immune system and to create a healthy stomach flora.
[01:32:26.080 --> 01:32:31.080]   Micro plant powder is excellent for daily intake and is perfect to add to your storage shelter.
[01:32:31.080 --> 01:32:35.080]   We urge our listeners to please visit us at hempusa.org.
[01:32:35.080 --> 01:32:38.080]   And remember, all of our products are chemical free and healthy to eat.
[01:32:38.080 --> 01:32:44.080]   We constantly strive to give you the best service, highest quality and rapid shipping anywhere.
[01:32:44.080 --> 01:32:47.080]   And we offer free shipping on orders over $95 in the U.S.
[01:32:47.080 --> 01:32:54.080]   Please visit us at hempusa.org or call 908-691-2608.
[01:32:54.080 --> 01:32:57.080]   That's 908-691-2608.
[01:32:57.080 --> 01:33:02.080]   See what our powder, seeds and oil can do for you at hempusa.org.
[01:33:02.080 --> 01:33:06.080]   You are listening to the Logos Radio Network.
[01:33:06.080 --> 01:33:09.080]   LogosRadioNetwork.com
[01:33:09.080 --> 01:33:12.080]   LogosRadioNetwork.com
[01:33:37.080 --> 01:33:41.080]   Okay, we are back. Randy Kelton, Debra Stevens, Rue La Vla Radio.
[01:33:41.080 --> 01:33:46.080]   We're going to go to calls and we're going to take Paul in Texas.
[01:33:46.080 --> 01:33:48.080]   Hello Paul, what do you have for us today?
[01:33:48.080 --> 01:33:49.080]   Hello, is that me?
[01:33:49.080 --> 01:33:50.080]   That's you.
[01:33:50.080 --> 01:33:53.080]   Okay, good. I'll see if I can make this quick.
[01:33:53.080 --> 01:34:01.080]   I live in Texas, but I've been renting a storage room in California for 10 or 12 years.
[01:34:01.080 --> 01:34:08.080]   Yes, of course I spent way more in rent than the value of the stuff there, but that's the way it goes.
[01:34:08.080 --> 01:34:16.080]   About six months ago, I quit paying rent, not intentionally, but I guess it was a first symptom of my Alzheimer's.
[01:34:16.080 --> 01:34:23.080]   I got a three-day notice to pay or quit, which I found in the mail about a month and a half after it came.
[01:34:23.080 --> 01:34:32.080]   Jumping to the end, my address here in Austin is my mail address of record for the management company who I pay to.
[01:34:32.080 --> 01:34:37.080]   For 10 years, we've been communicating back and forth and they know my address.
[01:34:37.080 --> 01:34:46.080]   But they came up with an unlawful detainer, and I'm inferring all this, on the basis of a service at the store room,
[01:34:46.080 --> 01:34:50.080]   which of course nobody was there, a really cheap trick.
[01:34:50.080 --> 01:35:00.080]   Now, since I got the three-day notice, I've tried contacting the rental management and their lawyer several times.
[01:35:00.080 --> 01:35:04.080]   The lawyer's secretary couldn't find the file one time.
[01:35:04.080 --> 01:35:10.080]   Another time, they found it but wouldn't send me copies of the unlawful detainer or the judgment because I'm on the other side.
[01:35:10.080 --> 01:35:14.080]   To date, I've never seen the actual unlawful detainer.
[01:35:14.080 --> 01:35:16.080]   Hold, whoa, stop.
[01:35:16.080 --> 01:35:18.080]   They filed an unlawful detainer?
[01:35:18.080 --> 01:35:19.080]   Yeah.
[01:35:19.080 --> 01:35:22.080]   And wouldn't send you a copy?
[01:35:22.080 --> 01:35:24.080]   I have never seen a copy.
[01:35:24.080 --> 01:35:27.080]   That gets a bar grievance.
[01:35:27.080 --> 01:35:30.080]   You bar-grieve them for that.
[01:35:30.080 --> 01:35:32.080]   That'll get them off their duff.
[01:35:32.080 --> 01:35:35.080]   When you file a motion, you have a duty to serve the other side.
[01:35:35.080 --> 01:35:41.080]   If you can't prove service on the other side, the court has no subject matter jurisdiction.
[01:35:41.080 --> 01:35:44.080]   Okay, now they've already got a judgment now.
[01:35:44.080 --> 01:35:46.080]   What I'd like to do...
[01:35:46.080 --> 01:35:51.080]   I'd like to file a motion to void judgment for lack of service.
[01:35:51.080 --> 01:35:52.080]   Motion?
[01:35:52.080 --> 01:35:59.080]   Lack of service is the one thing that'll get something turned over even for a pro se.
[01:35:59.080 --> 01:36:01.080]   Okay, say that.
[01:36:01.080 --> 01:36:02.080]   Motion to...
[01:36:02.080 --> 01:36:09.080]   Motion to void judgment for lack of service.
[01:36:09.080 --> 01:36:16.080]   Okay, now the rental company right now is acting on the basis of this judgment that they have.
[01:36:16.080 --> 01:36:21.080]   And I got a message from the guy there, and he wants me to talk to the lawyer,
[01:36:21.080 --> 01:36:24.080]   although I've been unsuccessful in the past,
[01:36:24.080 --> 01:36:31.080]   and pay the lawyer all the back rent and to pay the lawyer the lawyer's fees.
[01:36:31.080 --> 01:36:36.080]   Well, I don't feel good about paying the lawyer the back rent because I don't have a contract with him.
[01:36:36.080 --> 01:36:39.080]   I have a contract with the management company.
[01:36:39.080 --> 01:36:42.080]   Okay, it makes no difference who you pay to.
[01:36:42.080 --> 01:36:49.080]   If you pay to the management company, they either accept it or the debt is extinguished,
[01:36:49.080 --> 01:36:57.080]   unless there's a contractual stipulation that if you're in arrears they don't have to accept.
[01:36:57.080 --> 01:37:01.080]   I sent them the six months rent in a check,
[01:37:01.080 --> 01:37:10.080]   and the management company sent it back saying that we can't accept your money while an unlawful detainer is in process.
[01:37:10.080 --> 01:37:13.080]   But of course, I've never seen this unlawful detainer.
[01:37:13.080 --> 01:37:15.080]   Okay, that you could...
[01:37:15.080 --> 01:37:25.080]   Okay, I suggest you prepare a tort letter to the lawyers accusing the...
[01:37:25.080 --> 01:37:44.080]   You send it to their lawyer, but accuse the storage company of illegally securing an unlawful detainer by failing to give you notice,
[01:37:44.080 --> 01:37:48.080]   and caused you all of this grief and that you had...
[01:37:48.080 --> 01:37:56.080]   If they accept the tendered payment and they fail to accept tendered payment, therefore, under the Uniform Commercial Code,
[01:37:56.080 --> 01:38:02.080]   the payment, the debt is extinguished.
[01:38:02.080 --> 01:38:03.080]   Really?
[01:38:03.080 --> 01:38:05.080]   Yep, you read the UCC.
[01:38:05.080 --> 01:38:07.080]   The UCC is not that big.
[01:38:07.080 --> 01:38:12.080]   California, just about every state has adopted the Uniform Commercial Code.
[01:38:12.080 --> 01:38:17.080]   In Texas, it's called Texas Business and Commerce Code.
[01:38:17.080 --> 01:38:22.080]   In California, I think it's the California Uniform Commercial Code.
[01:38:22.080 --> 01:38:27.080]   They've made slight changes, but 99% of it's all the same.
[01:38:27.080 --> 01:38:36.080]   And payment tendered, payment denied is payment made.
[01:38:36.080 --> 01:38:39.080]   So you send them a nice hefty tort letter.
[01:38:39.080 --> 01:38:40.080]   What?
[01:38:40.080 --> 01:38:46.080]   And maintain that the tort letter is a notice that you have been harmed.
[01:38:46.080 --> 01:39:02.080]   They've harmed you by forcing you to have to respond to this action and spend time dealing with these guys and put at risk of losing all your property.
[01:39:02.080 --> 01:39:10.080]   So send them a letter telling them that you acted in violation of the rules of court and caused me all this harm.
[01:39:10.080 --> 01:39:33.080]   And since you refuse to accept payment tendered is payment made, therefore, you have no right to claim any debt and order them to stop all proceedings against you and send you X amount of money, make me hold or be sued.
[01:39:33.080 --> 01:39:44.080]   The lawyer will know exactly where you're going. You're fixing the file suit against them and you could win the whole enchilada because you didn't get notice.
[01:39:44.080 --> 01:39:50.080]   Okay, now I bought a car to go out there, then found out I needed a bunch of work.
[01:39:50.080 --> 01:39:55.080]   And so that's going to be three weeks before I get a car to run.
[01:39:55.080 --> 01:39:57.080]   And I'm going to drive out there.
[01:39:57.080 --> 01:40:00.080]   But of course, they have a judgment against me.
[01:40:00.080 --> 01:40:03.080]   Somehow or another, motion to avoid judgment.
[01:40:03.080 --> 01:40:06.080]   That's a notice to the court or what?
[01:40:06.080 --> 01:40:10.080]   Yeah, motion to the court to avoid judgment for lack of service.
[01:40:10.080 --> 01:40:13.080]   Now, how do I find the name, the number of the suit?
[01:40:13.080 --> 01:40:14.080]   I don't even know the name.
[01:40:14.080 --> 01:40:15.080]   Just go to the clerk.
[01:40:15.080 --> 01:40:16.080]   Go to the clerk.
[01:40:16.080 --> 01:40:17.080]   Wait a minute.
[01:40:17.080 --> 01:40:23.080]   If you're asking me that question, you got a lot of work to do.
[01:40:23.080 --> 01:40:24.080]   Oh, of course.
[01:40:24.080 --> 01:40:30.080]   Okay, well, what I want to do, and I figure this ought to be -- although you're telling me I should do something first.
[01:40:30.080 --> 01:40:39.080]   What I was thinking is get to Long Beach, go into the court, see if somehow or another I can get a reference number,
[01:40:39.080 --> 01:40:51.080]   and then get in front of this judge somehow and appeal before the judge to have the service voided and to have the case voided.
[01:40:51.080 --> 01:40:53.080]   That's what I'm telling you.
[01:40:53.080 --> 01:40:58.080]   This is how you do that.
[01:40:58.080 --> 01:41:01.080]   But don't drive to Long Beach to do that.
[01:41:01.080 --> 01:41:05.080]   You have to do everything in writing.
[01:41:05.080 --> 01:41:14.080]   Just go online and do a search for motion to avoid judgment for lack of service.
[01:41:14.080 --> 01:41:15.080]   You'll find hits on it.
[01:41:15.080 --> 01:41:19.080]   Do California motion to avoid judgment, lack of service.
[01:41:19.080 --> 01:41:24.080]   You might even try storage.
[01:41:24.080 --> 01:41:29.080]   My best legal research is right on the Internet.
[01:41:29.080 --> 01:41:33.080]   I do better than Lexus, Westlaw, any of those guys.
[01:41:33.080 --> 01:41:34.080]   I do better right on the Internet.
[01:41:34.080 --> 01:41:37.080]   Just do a search for motion to avoid judgment.
[01:41:37.080 --> 01:41:39.080]   You'll get hits on it.
[01:41:39.080 --> 01:41:41.080]   You'll see what one looks like.
[01:41:41.080 --> 01:41:42.080]   Okay.
[01:41:42.080 --> 01:41:46.080]   Read three or four of them, and you'll understand where it's going.
[01:41:46.080 --> 01:41:47.080]   Make one up.
[01:41:47.080 --> 01:41:50.080]   Say these guys didn't give me proper service.
[01:41:50.080 --> 01:41:53.080]   I had no knowledge this was going on.
[01:41:53.080 --> 01:41:55.080]   They had my proper address.
[01:41:55.080 --> 01:41:58.080]   They did not send service to my proper address.
[01:41:58.080 --> 01:42:06.080]   Therefore, this court does not have subject matter jurisdiction or did not have subject matter jurisdiction.
[01:42:06.080 --> 01:42:16.080]   And the reason the court didn't have jurisdiction is in order for the plaintiff to invoke the subject matter jurisdiction of the court.
[01:42:16.080 --> 01:42:22.080]   They have to give notice to you, and you had to be served.
[01:42:22.080 --> 01:42:24.080]   They can't just send you a letter.
[01:42:24.080 --> 01:42:26.080]   They have to have --
[01:42:26.080 --> 01:42:29.080]   Well, except for the three-day notice.
[01:42:29.080 --> 01:42:31.080]   The three-day notice don't get it.
[01:42:31.080 --> 01:42:33.080]   They've got to have a process server.
[01:42:33.080 --> 01:42:34.080]   Okay.
[01:42:34.080 --> 01:42:36.080]   And that's the reason for a process server.
[01:42:36.080 --> 01:42:39.080]   That is the only reason for a process server.
[01:42:39.080 --> 01:42:40.080]   Okay.
[01:42:40.080 --> 01:42:41.080]   Which they could find real easy here.
[01:42:41.080 --> 01:42:42.080]   Go to the marshal.
[01:42:42.080 --> 01:42:43.080]   Yeah.
[01:42:43.080 --> 01:42:46.080]   That's easy.
[01:42:46.080 --> 01:42:48.080]   They could call one here and have him serve you.
[01:42:48.080 --> 01:42:49.080]   Okay.
[01:42:49.080 --> 01:42:50.080]   Wait.
[01:42:50.080 --> 01:42:52.080]   I want to make a comment here.
[01:42:52.080 --> 01:43:08.080]   Concerning the motion to void judgment due to lack of service, you're going to want to notarize that because you are including reasons that are your personal statement of fact, saying things like you were never served, et cetera, et cetera.
[01:43:08.080 --> 01:43:10.080]   Those are statement of fact.
[01:43:10.080 --> 01:43:25.080]   And so you need to -- unless you're intending on attaching an affidavit, which would be notarized, you can just do what's called a verified motion, where you just include all the facts in the body of the motion, and then you have it notarized at the end with the notaried you're at.
[01:43:25.080 --> 01:43:26.080]   Yes.
[01:43:26.080 --> 01:43:28.080]   If you're ever in doubt, notarize.
[01:43:28.080 --> 01:43:32.080]   If you notarize something that doesn't need to be notarized, it doesn't make any difference.
[01:43:32.080 --> 01:43:33.080]   You're not going to hurt.
[01:43:33.080 --> 01:43:35.080]   Now, all of these things which I send --
[01:43:35.080 --> 01:43:36.080]   Okay.
[01:43:36.080 --> 01:43:37.080]   Hang on.
[01:43:37.080 --> 01:43:38.080]   Hang on.
[01:43:38.080 --> 01:43:39.080]   We're about to go to break.
[01:43:39.080 --> 01:43:42.080]   This is Randy Kelton, Debra Stevens, "Rule of Law Radio."
[01:43:42.080 --> 01:43:46.080]   Our call-in number, 512-646-1984.
[01:43:46.080 --> 01:43:48.080]   We'll be right back.
[01:43:48.080 --> 01:44:02.080]   [Music]
[01:44:02.080 --> 01:44:11.080]   It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, and neither is finding like-minded people to share it with.
[01:44:11.080 --> 01:44:13.080]   Oh, well, I guess you haven't heard of Brave New Books then.
[01:44:13.080 --> 01:44:15.080]   Brave New Books?
[01:44:15.080 --> 01:44:16.080]   Yes.
[01:44:16.080 --> 01:44:22.080]   Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[01:44:22.080 --> 01:44:26.080]   They even stock Hanner Food, Berkey products, and Calvin Soaps.
[01:44:26.080 --> 01:44:28.080]   There's no way a place like that exists.
[01:44:28.080 --> 01:44:30.080]   Go check it out for yourself.
[01:44:30.080 --> 01:44:34.080]   It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:34.080 --> 01:44:38.080]   Oh, by UT, there's never anywhere to park down there.
[01:44:38.080 --> 01:44:45.080]   Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking Facility, just behind the bookstore.
[01:44:45.080 --> 01:44:49.080]   It does exist, but when are they open?
[01:44:49.080 --> 01:44:54.080]   Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[01:44:54.080 --> 01:45:01.080]   Call or call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:45:01.080 --> 01:45:05.080]   Are you the plaintiff or defendant in a lawsuit?
[01:45:05.080 --> 01:45:17.080]   Win your case without an attorney with <a href="http://www.howtowinincourt.com/?refercode=AM0014" target="_blank">Jurisdictionary</a>, the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step by step.
[01:45:17.080 --> 01:45:21.080]   If you have a lawyer, know what your lawyer should be doing.
[01:45:21.080 --> 01:45:25.080]   If you don't have a lawyer, know what you should do for yourself.
[01:45:25.080 --> 01:45:30.080]   Thousands have won with our step-by-step course, and now you can too.
[01:45:30.080 --> 01:45:36.080]   <a href="http://www.howtowinincourt.com/?refercode=AM0014" target="_blank">Jurisdictionary</a> was created by a licensed attorney with 22 years of case-winning experience.
[01:45:36.080 --> 01:45:45.080]   Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[01:45:45.080 --> 01:45:54.080]   You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[01:45:54.080 --> 01:46:03.080]   Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EASY.
[01:46:03.080 --> 01:46:32.080]   [music]
[01:46:32.080 --> 01:46:39.080]   Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio, and Paul.
[01:46:39.080 --> 01:46:42.080]   We could be all night here.
[01:46:42.080 --> 01:46:47.080]   I would rather you call back tomorrow night. We do a four-hour show.
[01:46:47.080 --> 01:46:48.080]   Okay.
[01:46:48.080 --> 01:46:57.080]   Since you're starting at the very beginning, there's a lot of basics that I'm going to need to go over with you about service and process.
[01:46:57.080 --> 01:46:58.080]   Okay.
[01:46:58.080 --> 01:47:04.080]   So we'll have more time tomorrow night. I've got three more callers, and we've only got one segment left tonight.
[01:47:04.080 --> 01:47:05.080]   Good, good.
[01:47:05.080 --> 01:47:08.080]   Yeah, it'll be a good thorough review for the rest of the listeners tomorrow night too.
[01:47:08.080 --> 01:47:09.080]   What time do you start tomorrow?
[01:47:09.080 --> 01:47:11.080]   It's eight to midnight tomorrow.
[01:47:11.080 --> 01:47:13.080]   Okay. Thank you very much.
[01:47:13.080 --> 01:47:14.080]   Okay. Thank you, Paul. Please call back.
[01:47:14.080 --> 01:47:15.080]   Okay.
[01:47:15.080 --> 01:47:17.080]   Okay.
[01:47:17.080 --> 01:47:20.080]   Deb had something she wanted to address.
[01:47:20.080 --> 01:47:29.080]   Yeah, since we're talking tips and tactics here tonight, there was one other thing that I wanted to go over, and we do see you, Jason and Christopher.
[01:47:29.080 --> 01:47:41.080]   This is the last segment, but I'm not here on Friday nights, and so I wanted to get out everything that I needed to say tonight while I'm on this tirade about how to deal with yourself in court,
[01:47:41.080 --> 01:47:44.080]   because you can't deal with other people if you can't deal with yourself first.
[01:47:44.080 --> 01:47:54.080]   One of the pitfalls that people fall into, either because they're goaded into it or tricked into it or because they just naturally do it themselves,
[01:47:54.080 --> 01:48:04.080]   is both in court, in hearing, and on paper, they will direct their communications to the opposing party.
[01:48:04.080 --> 01:48:07.080]   All right. You don't want to do that.
[01:48:07.080 --> 01:48:11.080]   When you're writing your legal documents, you are addressing the court.
[01:48:11.080 --> 01:48:17.080]   All right, and you want to make sure you keep that focus, because you're in this forum.
[01:48:17.080 --> 01:48:21.080]   It's an adversarial forum, but there is the court presiding.
[01:48:21.080 --> 01:48:27.080]   The judge is not going to preside over you and your opponent bickering back and forth at each other.
[01:48:27.080 --> 01:48:29.080]   The judge will not tolerate that.
[01:48:29.080 --> 01:48:38.080]   Okay, and so you want to keep in mind when you're writing your legal documents, you are addressing the court, and you address the judge,
[01:48:38.080 --> 01:48:50.080]   you address the court in a respectful manner and avoid doing things like writing certain phrases in all caps or bold fonts and things like that,
[01:48:50.080 --> 01:48:55.080]   you know, to get the court's attention that's very disrespectful and patronizing.
[01:48:55.080 --> 01:49:05.080]   Occasionally, what can be acceptable is to use italics, to italicize a phrase, a small phrase if you really want to get the court's attention,
[01:49:05.080 --> 01:49:10.080]   but don't do the all caps or the bold thing. That is very -- that will put the judge off, okay?
[01:49:10.080 --> 01:49:14.080]   Be respectful to the judge. The judge gets it, believe me. The judge gets it what you're trying to say.
[01:49:14.080 --> 01:49:20.080]   Okay, this is even more of a problem in a court hearing, okay?
[01:49:20.080 --> 01:49:25.080]   People will get goaded into addressing the other side directly,
[01:49:25.080 --> 01:49:35.080]   either because the opposing litigant or their attorney will outburst and yell something out at you out of order.
[01:49:35.080 --> 01:49:40.080]   In court, this especially happens in family court, in divorce cases and custody cases.
[01:49:40.080 --> 01:49:45.080]   One of the ex-spouses will just start yelling something at the other spouse, "Oh, you're a liar," or whatever,
[01:49:45.080 --> 01:49:49.080]   and all these outbursts and goad the other one into hollering back, okay?
[01:49:49.080 --> 01:49:55.080]   Sometimes attorneys will do this, all right, and you have to refrain from responding.
[01:49:55.080 --> 01:49:59.080]   Do not respond if the other side does that, even if the attorney does that,
[01:49:59.080 --> 01:50:05.080]   or if the attorney addresses you directly in court and you're not on the witness stand,
[01:50:05.080 --> 01:50:11.080]   you do not respond because they're trying to goad you, and if you refrain from responding,
[01:50:11.080 --> 01:50:16.080]   then that will mean a lot in the judge's eyes, and you always want to call on --
[01:50:16.080 --> 01:50:19.080]   you know, raise your hand and say, "Your Honor, may I speak?"
[01:50:19.080 --> 01:50:25.080]   And when you speak, you look the judge in the eyes and you speak to the judge, okay?
[01:50:25.080 --> 01:50:30.080]   Or you object if -- you don't have to ask for permission to object verbally.
[01:50:30.080 --> 01:50:33.080]   You object if the other side starts outbursting.
[01:50:33.080 --> 01:50:38.080]   "Objection, Your Honor, opposing litigant or opposing counsel is out of order," something like that,
[01:50:38.080 --> 01:50:41.080]   but you always direct your communications directly at the judge,
[01:50:41.080 --> 01:50:43.080]   and you always look the judge in the eye and be respectful.
[01:50:43.080 --> 01:50:47.080]   So I just wanted to throw that out there because a lot of people will get --
[01:50:47.080 --> 01:50:53.080]   fall into this pitfall of addressing the other opponent, and you don't want to do that.
[01:50:53.080 --> 01:50:54.080]   That will get you in trouble.
[01:50:54.080 --> 01:50:58.080]   A lot of judges will be like, "Hey, hey, you look at me. You talk to me. This is my court."
[01:50:58.080 --> 01:51:03.080]   So just try not to fall into that pitfall, especially in a family case.
[01:51:03.080 --> 01:51:05.080]   All right, that's all I had to say. All right, go ahead.
[01:51:05.080 --> 01:51:06.080]   Okay. Thank you. Thank you.
[01:51:06.080 --> 01:51:10.080]   Okay, now we're going to go to Jason in Kentucky.
[01:51:10.080 --> 01:51:12.080]   Hello, Jason.
[01:51:12.080 --> 01:51:14.080]   Good evening, Randy. How are you?
[01:51:14.080 --> 01:51:17.080]   I am good. Move quickly.
[01:51:17.080 --> 01:51:22.080]   Both you and Christopher and Doug have waited a long time, and I apologize for that.
[01:51:22.080 --> 01:51:26.080]   Tomorrow I'll do a four-hour show, so if I can't get to everything tonight,
[01:51:26.080 --> 01:51:31.080]   if you're called in tomorrow, we'll take you first, and we'll have plenty of time.
[01:51:31.080 --> 01:51:33.080]   I'll try to do this as quick as I possibly can.
[01:51:33.080 --> 01:51:37.080]   I was going to make a comment in regards to the gentleman they called in a while ago.
[01:51:37.080 --> 01:51:42.080]   I thought the same thing under the UCC Article III offering a payment,
[01:51:42.080 --> 01:51:44.080]   but that's not what I was calling about since we're short on time.
[01:51:44.080 --> 01:51:46.080]   We'll get straight to the point.
[01:51:46.080 --> 01:51:54.080]   The litigation that I'm in right now, I suppose I have been fighting my mortgage, my lender, since 2008.
[01:51:54.080 --> 01:52:02.080]   What I've ran into is the fact that they submitted a fraudulent note signed by someone other than myself
[01:52:02.080 --> 01:52:07.080]   due for close of my home almost two years ago today.
[01:52:07.080 --> 01:52:17.080]   Oh, my. Did you file criminal charges with the district attorney?
[01:52:17.080 --> 01:52:19.080]   No, sir. Actually, I did not.
[01:52:19.080 --> 01:52:23.080]   Do you realize that you can be prosecuted for that?
[01:52:23.080 --> 01:52:25.080]   Yes, sir, I do. I had actually --
[01:52:25.080 --> 01:52:31.080]   Since you can be prosecuted for not filing against them?
[01:52:31.080 --> 01:52:33.080]   Well, I had -- yes.
[01:52:33.080 --> 01:52:38.080]   You cannot be -- you're absolutely protected if you do.
[01:52:38.080 --> 01:52:46.080]   I contacted an attorney the minute that I got those papers in the mail, or actually I was served by the sheriff's department.
[01:52:46.080 --> 01:52:51.080]   I contacted an attorney and told them what had transpired
[01:52:51.080 --> 01:52:54.080]   and sent them a copy of the one that they served on me
[01:52:54.080 --> 01:53:00.080]   and sent them a copy of the original note that I had that said it's closing.
[01:53:00.080 --> 01:53:02.080]   They were obviously different.
[01:53:02.080 --> 01:53:09.080]   The court was actually scheduling a sell date, and this was back in early 2011.
[01:53:09.080 --> 01:53:12.080]   Okay, wait, wait. You're taking a lot of time. Where are you going?
[01:53:12.080 --> 01:53:14.080]   What is your question?
[01:53:14.080 --> 01:53:15.080]   Okay, here's my question.
[01:53:15.080 --> 01:53:21.080]   Number one, since I was let by Attorney Gold on Monday, I have a --
[01:53:21.080 --> 01:53:29.080]   the opposing counsel had sent a motion of conference, a status of conference, or conference status.
[01:53:29.080 --> 01:53:31.080]   I'm the judge.
[01:53:31.080 --> 01:53:39.080]   So I've gone in there and got everything that I have together to go there and figure out where we're heading with this.
[01:53:39.080 --> 01:53:46.080]   My first question to you is actually -- my main question to you is, with this mortgage that I've got and doing some research,
[01:53:46.080 --> 01:53:57.080]   the individual that has signed the mortgage, okay, assigned me, okay, or assignment for the mortgage from Mears to my bank,
[01:53:57.080 --> 01:54:02.080]   and I'm assigned as the vice president, who also happens to be the vice president of my bank.
[01:54:02.080 --> 01:54:13.080]   Okay, did you send Mears a request for evidence of power of attorney for this person?
[01:54:13.080 --> 01:54:15.080]   Not yet. I just got that together.
[01:54:15.080 --> 01:54:20.080]   I did send them a validation of debt, and that individual, I sent it in.
[01:54:20.080 --> 01:54:24.080]   It was not the correct address for certified letters that were sent back.
[01:54:24.080 --> 01:54:27.080]   So I called in, and they gave me a new address to send to.
[01:54:27.080 --> 01:54:29.080]   Okay, hold on, hold on.
[01:54:29.080 --> 01:54:35.080]   Mears will have an address on the deed of trust or mortgage.
[01:54:35.080 --> 01:54:39.080]   I think you're a deed of trust -- no, you're a mortgage state, aren't you?
[01:54:39.080 --> 01:54:44.080]   Judicial state where they have to sue you in order to foreclose?
[01:54:44.080 --> 01:54:45.080]   Correct.
[01:54:45.080 --> 01:54:46.080]   Okay.
[01:54:46.080 --> 01:54:50.080]   On the mortgage, there will be an address for Mears.
[01:54:50.080 --> 01:54:51.080]   Yes, sir.
[01:54:51.080 --> 01:54:53.080]   Send a letter to that address.
[01:54:53.080 --> 01:54:56.080]   You don't care if it comes back or not.
[01:54:56.080 --> 01:55:04.080]   That will establish prima facie evidence for the court that this person does not have power of attorney to sign for Mears.
[01:55:04.080 --> 01:55:06.080]   I have done that.
[01:55:06.080 --> 01:55:08.080]   I do have the retirement receipt.
[01:55:08.080 --> 01:55:10.080]   Okay, that's an issue you've got.
[01:55:10.080 --> 01:55:20.080]   There are a number of things that we can do with breach of contract on the mortgage.
[01:55:20.080 --> 01:55:34.080]   But if you have this document that's clearly fraudulent, then have you -- okay, have they filed that document with the court?
[01:55:34.080 --> 01:55:40.080]   That document was filed with the court and then delivered to me by the Commissioner here.
[01:55:40.080 --> 01:55:43.080]   Oh, okay, goody, goody, goody.
[01:55:43.080 --> 01:55:47.080]   If they just sent it to you, it wasn't a very big deal.
[01:55:47.080 --> 01:55:51.080]   But if they file that document in the court, now they've got problems.
[01:55:51.080 --> 01:55:52.080]   That's the issue.
[01:55:52.080 --> 01:56:01.080]   That's why I wanted to ask you is on Monday when I go in there, since I do not have my counsel anymore, I've let her go since then, what is the best approach for me to do?
[01:56:01.080 --> 01:56:04.080]   Should I go ahead and go to the attorney tomorrow since I can't call --
[01:56:04.080 --> 01:56:17.080]   Well, what you should do is before you go in, call the lawyer tomorrow and say you are unexpectedly without counsel, you would like a continuance.
[01:56:17.080 --> 01:56:20.080]   Would you agree to a continuance?
[01:56:20.080 --> 01:56:27.080]   If you say no, then when I come in Monday, I will have a request for a continuance.
[01:56:27.080 --> 01:56:31.080]   I do not agree to pursue this case without counsel.
[01:56:31.080 --> 01:56:45.080]   One of the things that will almost always get you a continuance is if you come in without counsel and telling me you need an attorney because the judge really wants you to have an attorney.
[01:56:45.080 --> 01:56:47.080]   They support one another.
[01:56:47.080 --> 01:56:49.080]   So ask them for a continuance.
[01:56:49.080 --> 01:56:54.080]   If they don't, then it's just a status hearing.
[01:56:54.080 --> 01:56:56.080]   Then it's not a big deal anyway.
[01:56:56.080 --> 01:57:00.080]   It's not a hearing on any motions.
[01:57:00.080 --> 01:57:03.080]   There's nothing substantive to be done here.
[01:57:03.080 --> 01:57:06.080]   So I don't get too excited about that tomorrow or Monday.
[01:57:06.080 --> 01:57:10.080]   Just object to anything because you don't have counsel.
[01:57:10.080 --> 01:57:12.080]   Okay.
[01:57:12.080 --> 01:57:16.080]   They'll almost certainly just put it off.
[01:57:16.080 --> 01:57:23.080]   They need to retain counsel because they weren't doing any good over the last $25,000 I spent on it.
[01:57:23.080 --> 01:57:25.080]   Yeah, you might want to sue your lawyer.
[01:57:25.080 --> 01:57:28.080]   But call us in tomorrow.
[01:57:28.080 --> 01:57:30.080]   We can spend more time on it.
[01:57:30.080 --> 01:57:39.080]   I could probably spend eight hours on how to go after these guys, how to set up your case, how to address the case.
[01:57:39.080 --> 01:57:42.080]   Have you sued them in the federal court?
[01:57:42.080 --> 01:57:47.080]   No, actually I filed in the district court or circuit court at the same level.
[01:57:47.080 --> 01:57:48.080]   Okay.
[01:57:48.080 --> 01:57:51.080]   We got other stuff we can file in the federal court.
[01:57:51.080 --> 01:57:54.080]   You've been fighting them a few years.
[01:57:54.080 --> 01:57:56.080]   You can keep them up there quite a bit longer.
[01:57:56.080 --> 01:58:06.080]   If you start using the criminal side, you know I say on the air you'll never win your case simply because you have the law and the facts on your side.
[01:58:06.080 --> 01:58:10.080]   You'll win your case if you have the politics on your side.
[01:58:10.080 --> 01:58:16.080]   There's nothing will get you more politics faster than start running the criminal routine on it.
[01:58:16.080 --> 01:58:17.080]   Okay.
[01:58:17.080 --> 01:58:18.080]   We are out of time.
[01:58:18.080 --> 01:58:22.080]   This is Randy Kelton, David Stevens, Root of Law Radio.
[01:58:22.080 --> 01:58:23.080]   Thank you all for listening.
[01:58:23.080 --> 01:58:33.080]   We will be back tomorrow night, same time, same station, and we'll do our four-hour info marathon, so we'll have time to address everyone.
[01:58:33.080 --> 01:58:40.080]   And for Jason and Christopher, I know you both have issues on mortgage.
[01:58:40.080 --> 01:58:43.080]   I've got lots of information for you.
[01:58:43.080 --> 01:58:44.080]   Thank you for calling in.
[01:58:44.080 --> 01:58:47.080]   And Christopher, I'm sorry we couldn't get to you.
[01:58:47.080 --> 01:58:48.080]   We'll be back tomorrow night.
[01:58:48.080 --> 01:58:50.080]   Good night.
[01:58:50.080 --> 01:58:58.080]   Bibles for America is offering absolutely free a unique study Bible called the New Testament Recovery Version.
[01:58:58.080 --> 01:59:08.080]   The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says verse by verse, helping you to know God and to know the meaning of life.
[01:59:08.080 --> 01:59:11.080]   Order your free copy today from Bibles for America.
[01:59:11.080 --> 01:59:20.080]   Call us toll free at 888-551-0102 or visit us online at bfa.org.
[01:59:20.080 --> 01:59:30.080]   This translation is highly accurate and it comes with over 13,000 cross references, plus charts and maps and an outline for every book of the Bible.
[01:59:30.080 --> 01:59:32.080]   This is truly a Bible you can understand.
[01:59:32.080 --> 01:59:41.080]   To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102.
[01:59:41.080 --> 01:59:49.080]   That's 888-551-0102 or visit us online at bfa.org.
[01:59:49.080 --> 01:59:59.080]   You're listening to the Logos Radio Network at logosradionetwork.com.
[01:59:59.080 --> 02:00:09.080]   [BLANK_AUDIO]