[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 --> 00:00:14.400]   updates, online at thelibertybeat.com. John Bush here with your Liberty Beat for Thursday,
[00:00:14.400 --> 00:00:22.880]   July 18, 2013. Gold opened today at $1280, silver at $19.42 and bitcoin is trading at
[00:00:22.880 --> 00:00:29.240]   $90. Support for the Liberty Beat comes from Cabo Bob, first high-group toast corn syrup,
[00:00:29.240 --> 00:00:33.800]   three quick-serve restaurants in the country, serving Baja California-style burritos and
[00:00:33.800 --> 00:00:39.240]   non-GMO corn tortillas and chips, in Austin at 500 East Ben White Boulevard or by phone
[00:00:39.240 --> 00:00:46.400]   at 512-432-1111. And now the news. Wednesday morning, the American Civil Liberties Union
[00:00:46.400 --> 00:00:51.420]   released a report based on documents confirming the existence of a national database of information
[00:00:51.420 --> 00:00:56.240]   gathered from license plate readers used by law enforcement agencies. The report, titled
[00:00:56.240 --> 00:01:01.040]   "You Are Being Tracked," details how the license plate readers work, how they're being used,
[00:01:01.040 --> 00:01:05.560]   and the potential privacy infringements. The ACLU found that law enforcement agencies have
[00:01:05.560 --> 00:01:10.240]   no standards for the amount of time the data gathered can be held. Some departments delete
[00:01:10.240 --> 00:01:15.440]   information within 48 hours, others maintain the information indefinitely. The report warns
[00:01:15.440 --> 00:01:19.680]   that the data gathered by license plate readers can be used in conjunction with fusion centers
[00:01:19.680 --> 00:01:24.360]   and disseminated to other governmental agencies. The report was the result of numerous Freedom
[00:01:24.360 --> 00:01:31.360]   of Information Act requests filed by ACLU offices and affiliates across the United States.
[00:01:31.360 --> 00:01:39.760]   Two San Marcos, Texas, police officers were arrested this week in separate incidences.
[00:01:39.760 --> 00:01:44.040]   One officer was arrested for aggravated assault by a public servant and the other for obtaining
[00:01:44.040 --> 00:01:48.920]   controlled substances by fraud. Officer James Palermo, who was arrested for assault, is
[00:01:48.920 --> 00:01:52.880]   accused of slamming a Texas State University student to the ground as she walked into a
[00:01:52.880 --> 00:01:57.360]   traffic stop he was engaged in. The excessive force resulted in the woman losing two teeth
[00:01:57.360 --> 00:02:02.000]   and having a concussion. Second officer was reportedly involved in legally obtaining prescription
[00:02:02.000 --> 00:02:06.600]   drugs from doctors in the central Texas area. Chief Howard Williams responded to the charters
[00:02:06.600 --> 00:02:11.560]   on July 17th, stating, "It's personally painful to think any officer, much less ones under
[00:02:11.560 --> 00:02:15.720]   my command, would engage in this kind of conduct." Police accountability activists are applauding
[00:02:15.720 --> 00:02:22.720]   the San Marcos Police Department for overcoming the thin blue line and holding their own accountable.
[00:02:24.080 --> 00:02:29.760]   On Wednesday, the second U.S. Circuit Court of Appeals in New York ended a court order
[00:02:29.760 --> 00:02:33.480]   that would have prevented the U.S. government from indefinitely detaining citizens believed
[00:02:33.480 --> 00:02:38.200]   to be tied to terrorism. U.S. District Judge Louis Kaplan said the plaintiffs, which include
[00:02:38.200 --> 00:02:43.040]   journalists Chris Hedges, Noam Chomsky, Daniel Ellsberg, and others, lack standing because
[00:02:43.040 --> 00:02:47.920]   the provision "says nothing at all about the President's authority to detain American citizens."
[00:02:47.920 --> 00:02:52.400]   The judge did state that this does not imply "that previous existing law may permit the
[00:02:52.400 --> 00:02:56.800]   detention of American citizens." Chris Hedges stated that his team would appeal to the Supreme
[00:02:56.800 --> 00:03:03.800]   Court and called it "a black day for those who care about liberty."
[00:03:03.800 --> 00:03:09.520]   You're listening to the Liberty Beat, your daily source for Liberty news and activist
[00:03:09.520 --> 00:03:16.520]   updates, online at thelibertybeats.com. John Bush here with your Liberty Beat for Wednesday,
[00:03:16.520 --> 00:03:25.040]   July 17, 2013. Gold opened today at $1285, silver at $19.74, and bitcoin is trading at
[00:03:25.040 --> 00:03:32.080]   $97.50. Support for the Liberty Beat comes from Beeler Education, providing admissions
[00:03:32.080 --> 00:03:36.480]   advice and homeschooling consulting for your family's educational needs. Information at
[00:03:36.480 --> 00:03:41.640]   BeelerEd.com and from Brave New Books, Austin's only brick and mortar store carrying Tangy
[00:03:41.640 --> 00:03:48.640]   Tangerine 2.0. In Austin and 1904 Guadalupe Street or online at BraveNewBookstore.com.
[00:03:48.640 --> 00:03:53.800]   And now the news. On Tuesday, a federal judge denied a bid from three detainees at Guantanamo
[00:03:53.800 --> 00:03:58.120]   Bay to end the government force-feeding program that has been initiated in response to an
[00:03:58.120 --> 00:04:03.240]   overwhelming hunger strike. Judge Rosemary M. Collier stated that she does not have jurisdiction
[00:04:03.240 --> 00:04:07.640]   in the case because the Guantanamo detainees do not fall under the federal courts. Judge
[00:04:07.640 --> 00:04:11.360]   Collier said she would not have allowed the injunction on force-feeding even if it had
[00:04:11.360 --> 00:04:15.600]   been in her jurisdiction and believed that there was "nothing so shocking or inhumane
[00:04:15.600 --> 00:04:19.680]   about the treatment." Statements from the World Medical Association, American Medical
[00:04:19.680 --> 00:04:24.360]   Association, and Physicians for Human Rights condemn the treatment. This ruling comes after
[00:04:24.360 --> 00:04:29.120]   last week's decision by U.S. District Court Judge Gladys Kessler also denying a request
[00:04:29.120 --> 00:04:33.240]   to stop force-feeding, stating that the President of the United States is the only one who can
[00:04:33.240 --> 00:04:42.240]   directly address the issue. House Republicans, politically emboldened by President Barack
[00:04:42.240 --> 00:04:46.480]   Obama's delay of a key requirement of his health care law, are taking another run at
[00:04:46.480 --> 00:04:50.600]   scrapping a signature domestic policy. The House has scheduled votes Wednesday to delay
[00:04:50.600 --> 00:04:55.400]   the law's individual and employer mandates, the 38th time the GOP majority has tried to
[00:04:55.400 --> 00:05:00.160]   eliminate, defund, or scale back the program since Republicans took control of the House
[00:05:00.160 --> 00:05:07.160]   in January 2011. India's Patent Appeals Board has denied American company MonsantoCo a patent
[00:05:07.160 --> 00:05:15.400]   for a genetically engineered method of increasing climate resilience in plants. The board states
[00:05:15.400 --> 00:05:20.040]   that the technology is a discovery of a new property of known substance and does not qualify
[00:05:20.040 --> 00:05:24.720]   as an invention under the Indian Patent Act. The board used sections 3D of the Patent Act
[00:05:24.720 --> 00:05:30.080]   as well as 3J, used for the first time to specify that plants and animals are not patentable.
[00:05:30.080 --> 00:05:34.680]   MonsantoCo released a statement stating they will evaluate possible further actions and
[00:05:34.680 --> 00:05:41.680]   believe that patent protection is a must. Support for the Liberty Beat comes from Tomorrow's
[00:05:41.680 --> 00:05:47.680]   Meals Today. South Boston Market Days every Saturday from 3 to 7 p.m. at 10106 Manchac
[00:05:47.680 --> 00:05:53.480]   Road. Information at tomorrowsmealstoday.com and from Central Texas Gunworks CHL courses,
[00:05:53.480 --> 00:05:58.480]   self defense training and firearm sales. Online at centraltexasgunworks.com
[00:05:58.480 --> 00:06:05.480]   Bad boys, bad boys, whatcha gonna do? Bad boys, bad boys, whatcha gonna do? Bad boys,
[00:06:26.480 --> 00:06:33.480]   bad boys, whatcha gonna do? Whatcha gonna do when they come for you? Bad boys, bad boys,
[00:06:33.480 --> 00:06:38.480]   whatcha gonna do? Whatcha gonna do when they come for you? When you were eight and you had
[00:06:38.480 --> 00:06:43.480]   bad traits, you'd go to school and learn the golden rule. So why are you acting like a
[00:06:43.480 --> 00:06:50.480]   fluffy fool? And it's to get hot and your muscles cool. Bad boys, bad boys, whatcha gonna do?
[00:06:50.480 --> 00:06:56.480]   Whatcha gonna do when they come for you? Bad boys, bad boys, whatcha gonna do? Whatcha gonna
[00:06:56.480 --> 00:07:01.480]   do when they come for you? You chuck it on that one, you chuck it on this one. You chuck
[00:07:01.480 --> 00:07:05.480]   it on your mother and you chuck it on your father. You chuck it on your brother and you
[00:07:05.480 --> 00:07:10.480]   chuck it on your sister. You chuck it on that one and you chuck it on me. Bad boys, bad boys,
[00:07:10.480 --> 00:07:16.480]   whatcha gonna do? Whatcha gonna do when they come for you? Bad boys, bad boys, whatcha
[00:07:16.480 --> 00:07:22.480]   gonna do? Whatcha gonna do when they come for you? Bad boys, bad boys, whatcha gonna do?
[00:07:22.480 --> 00:07:28.480]   Whatcha gonna do when they come for you? Bad boys, bad boys, whatcha gonna do? Whatcha
[00:07:28.480 --> 00:07:34.480]   gonna do when they come for you? Nobody now give you no break. Balloons now give you no
[00:07:34.480 --> 00:07:40.480]   break. That old soldier man now give you no break. That demon in your eye now give you
[00:07:40.480 --> 00:07:46.480]   no break. Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[00:07:46.480 --> 00:07:52.480]   Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you? Bad boys,
[00:07:52.480 --> 00:07:59.480]   bad boys, whatcha gonna do? Whatcha gonna do when they come for you? Bad boys, bad boys,
[00:07:59.480 --> 00:08:05.480]   bad boys. Howdy, howdy. This is Randy Kelton, Deborah Stevens, Renewable Radio. It seems
[00:08:05.480 --> 00:08:11.480]   we had a little issue getting online today. We apologize for the delay. We hope everybody
[00:08:11.480 --> 00:08:21.480]   hasn't abandoned us. But this is Thursday, July the 18th, over halfway through the year.
[00:08:21.480 --> 00:08:39.480]   And we have been having some relatively... You know, when I started the issue of foreclosure
[00:08:39.480 --> 00:08:49.480]   back about five, six years ago, just about every case we did, everything we filed was
[00:08:49.480 --> 00:08:56.480]   turned down and denied by the courts. It's been a relatively standard issue that became
[00:08:56.480 --> 00:09:04.480]   an expectation that anything we filed with the court, if you filed it pro se, the courts
[00:09:04.480 --> 00:09:11.480]   would dismiss it out of hand. And for the first four years or so, they did. And still,
[00:09:11.480 --> 00:09:19.480]   for the most part, they do. But that seems to be changing. We just got a ruling from
[00:09:19.480 --> 00:09:29.480]   a judge today that is one of the first rulings where the court and a federal court at that
[00:09:29.480 --> 00:09:38.480]   actually paid attention to the pleading. This was a petition for reconsideration after
[00:09:38.480 --> 00:09:49.480]   the court had ruled to dismiss the complaint. We filed an amended pleading, and the judge
[00:09:49.480 --> 00:09:57.480]   actually seemed to have read the pleading and reversed his ruling and gave us opportunity
[00:09:57.480 --> 00:10:05.480]   to replede. And this was on Fair Debt Collections Practices Act, where we claimed that we filed
[00:10:05.480 --> 00:10:16.480]   a debt validation letter with the lender, and the lender failed to timely respond. So
[00:10:16.480 --> 00:10:26.480]   this was a very pointed and focused issue, an issue which every other court has denied,
[00:10:26.480 --> 00:10:36.480]   essentially, out of hand. And it's a pleading with the court, essentially asking the claimant,
[00:10:36.480 --> 00:10:42.480]   the person trying to collect on a debt, to simply prove up that they are who they say
[00:10:42.480 --> 00:10:49.480]   they are and that they do, in fact, have standing and legal capacity to make the claims they
[00:10:49.480 --> 00:10:56.480]   make. Generally, the courts just blow that off out of hand. It seems to be changing.
[00:10:56.480 --> 00:11:05.480]   This court did not blow that off out of hand. He did ask the plaintiff to plead the date
[00:11:05.480 --> 00:11:12.480]   on which they filed their debt validation letter to show that it was within 30 days
[00:11:12.480 --> 00:11:20.480]   of the date that the lender took over as the servicer of the debt. And if we can do that,
[00:11:20.480 --> 00:11:32.480]   the pleading appears as though it will stand. And that's not all. We have a case in California
[00:11:32.480 --> 00:11:42.480]   where filed the same suit, judge dismissed, filed an amended pleading, and had an error
[00:11:42.480 --> 00:11:52.480]   in the amended pleading, got a motion to dismiss, filed a petition for permission to file a
[00:11:52.480 --> 00:12:03.480]   second amended pleading because the first pleading was filed in error, non-spur tonka
[00:12:03.480 --> 00:12:14.480]   effectively, that the defendant's complaint in the Rule 12 motion to dismiss was well
[00:12:14.480 --> 00:12:22.480]   taken, that the filing that was made was filed in error, it was a working copy instead of
[00:12:22.480 --> 00:12:30.480]   the final document, asked the court to accept the second amended pleading, and on July the
[00:12:30.480 --> 00:12:40.480]   5th, the court issued an order accepting the amended pleading. On Monday the 8th, the lawyers
[00:12:40.480 --> 00:12:47.480]   called the individual wanting to talk to him about making some kind of deal. And then the
[00:12:47.480 --> 00:12:56.480]   lawyer set a hearing, they had a hearing set on a motion to dismiss the first amended
[00:12:56.480 --> 00:13:03.480]   complaint. Well when he filed a second amended complaint, it made the first one go away.
[00:13:03.480 --> 00:13:12.480]   Anytime you're in a lawsuit and you file an amended complaint, everything you wish to claim
[00:13:12.480 --> 00:13:20.480]   must be in that amended complaint because the original complaint or anything before the
[00:13:20.480 --> 00:13:27.480]   amended complaint is now void. Nothing in their matters can be considered. So in this
[00:13:27.480 --> 00:13:35.480]   case, they had a hearing scheduled to hear Rule 12 motion to dismiss a petition that
[00:13:35.480 --> 00:13:45.480]   had already been rendered void and was superseded by the second amended petition. And the time
[00:13:45.480 --> 00:13:52.480]   for the defendant to answer the second petition hadn't even ran yet. So there was no answer
[00:13:52.480 --> 00:13:59.480]   to the only pleading before the court. He called the court and noticed the court that
[00:13:59.480 --> 00:14:04.480]   since the second amended pleading was accepted by the court, that negated the first one,
[00:14:04.480 --> 00:14:11.480]   therefore this hearing is pointless because there's nothing to discuss. And the clerk
[00:14:11.480 --> 00:14:19.480]   went to the judge and told the judge that came back, told the individual that she had
[00:14:19.480 --> 00:14:26.480]   relayed his concerns to the court, but the judge insisted that the hearing was still
[00:14:26.480 --> 00:14:38.480]   to be held. Now, if they held that hearing and discussed anything concerning the note,
[00:14:38.480 --> 00:14:45.480]   well the individual could claim that he lacked proper notice because he had nothing to tell
[00:14:45.480 --> 00:14:52.480]   what the hearing was about in the notice that he appeared because the original reason to
[00:14:52.480 --> 00:15:02.480]   appear was gone. And he had raised that issue to the court so the court knew, well he was
[00:15:02.480 --> 00:15:09.480]   bringing this concern. But the court asked him to be there anyway. So I was sitting back
[00:15:09.480 --> 00:15:16.480]   thinking, why on earth would the judge have him come into this hearing anyway when they
[00:15:16.480 --> 00:15:24.480]   couldn't discuss anything substantive because he would have lacked notice? The only thing
[00:15:24.480 --> 00:15:31.480]   I can think of, because in this second pleading we made allegations of RICO, criminal fraud,
[00:15:31.480 --> 00:15:39.480]   criminal conspiracy, mail fraud, money laundering, really ugly complaints alleging that they
[00:15:39.480 --> 00:15:46.480]   all resulted in civil tort. The only reason I can imagine that judge would ask this individual
[00:15:46.480 --> 00:15:55.480]   to come into this hearing was so that he could instruct the lawyer on the other side that
[00:15:55.480 --> 00:16:02.480]   you better do something to make a deal with this individual or if I have to rule on these
[00:16:02.480 --> 00:16:10.480]   issues he has brought, you could have yourself a real problem. So the hearing will be tomorrow.
[00:16:10.480 --> 00:16:15.480]   We'll find out tomorrow how that goes and it will be very interesting to see how that
[00:16:15.480 --> 00:16:22.480]   one goes down. And we've had two or three other, if not complete wins, we've had one
[00:16:22.480 --> 00:16:28.480]   or had about three of those lately, but we've also had a number of rulings where the courts
[00:16:28.480 --> 00:16:37.480]   are actually beginning to consider the pleadings of pro se litigants and it's my opinion that
[00:16:37.480 --> 00:16:44.480]   the reason that's happening is we have a lot of lawyers taking on these foreclosure issues
[00:16:44.480 --> 00:16:49.480]   and the judges are getting their heads wrapped around the problem. Hang on, this is Randy
[00:16:49.480 --> 00:16:54.480]   Kelton, David Stevens, Rule of Law Radio. Dave, Steve, I see you there. I will take your calls
[00:16:54.480 --> 00:16:56.480]   when we get back on the other side.
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[00:19:09.480 --> 00:19:33.480]   [Music]
[00:19:33.480 --> 00:19:40.480]   Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio. And we're going to go to
[00:19:40.480 --> 00:19:48.480]   calls. We're going to go to Dave in Texas. Hello, Dave. What have you been into now?
[00:19:48.480 --> 00:19:52.480]   Good evening, Randy. How are you, sir?
[00:19:52.480 --> 00:19:54.480]   I am wonderful.
[00:19:54.480 --> 00:20:01.480]   Good. Hey, I got an order. We're talking about federal court here. I just got an order
[00:20:01.480 --> 00:20:07.480]   with a case with Matt Hayes that I told you and mentioned to him that he was a defendant
[00:20:07.480 --> 00:20:09.480]   in a federal lawsuit.
[00:20:09.480 --> 00:20:10.480]   Yes.
[00:20:10.480 --> 00:20:22.480]   And McBride was the judge. And McBride has labeled myself as a frivolous serial filer.
[00:20:22.480 --> 00:20:31.480]   And he dismissed the case with prejudice and told his other defendants, "Don't even worry
[00:20:31.480 --> 00:20:34.480]   about this suit at all. It's all dismissed."
[00:20:34.480 --> 00:20:45.480]   File criminal charges against McBride for sedition? Read sedition.
[00:20:45.480 --> 00:20:46.480]   Read sedition.
[00:20:46.480 --> 00:21:02.480]   Not. Yeah, reads the, what is it, 1786, I believe, Aliens in Sedition Act. The judge
[00:21:02.480 --> 00:21:09.480]   in the case has a duty to apply the law and the facts, to determine the facts in accordance
[00:21:09.480 --> 00:21:14.480]   with the rules of evidence and apply the laws that come to him to the facts in the case.
[00:21:14.480 --> 00:21:17.480]   Now you go after McBride.
[00:21:17.480 --> 00:21:20.480]   Okay. Now let me ask you this.
[00:21:20.480 --> 00:21:28.480]   In that original complaint, we talked about criminal activity. If that's put in front
[00:21:28.480 --> 00:21:33.480]   of that judge and he dismisses this case, was any covering up these crimes?
[00:21:33.480 --> 00:21:40.480]   That's what I'd call it. And under 3805 of the penal code of the state of Texas, that's
[00:21:40.480 --> 00:21:42.480]   a crime in Texas.
[00:21:42.480 --> 00:21:45.480]   Okay.
[00:21:45.480 --> 00:21:55.480]   And the district judge is a magistrate, as the term is considered in the federal law
[00:21:55.480 --> 00:22:03.480]   concerning magistrates in the filing of criminal complaints. However, if you did not file a
[00:22:03.480 --> 00:22:12.480]   verified criminal affidavit with McBride, it's got some wiggle room. But you can certainly
[00:22:12.480 --> 00:22:20.480]   complain, complain that you made it known to him that a crime had been committed and
[00:22:20.480 --> 00:22:28.480]   he, being a judge and a magistrate, he had a duty to hold an examining trial based on
[00:22:28.480 --> 00:22:34.480]   your complaint. He failed to do so and thereby denied you and your right to petition the
[00:22:34.480 --> 00:22:41.480]   court for redress and grievance, violation of 3903 penal code. And the fact that he
[00:22:41.480 --> 00:22:51.480]   dismissed your case and told the defendants that he would essentially protect them from
[00:22:51.480 --> 00:22:58.480]   any actions by you, you can call that tampering with the witness instruction of justice.
[00:22:58.480 --> 00:23:01.480]   Okay. Yeah, because...
[00:23:01.480 --> 00:23:04.480]   Charging with that in the state court.
[00:23:04.480 --> 00:23:07.480]   I'm sorry?
[00:23:07.480 --> 00:23:09.480]   Charging with that in the state court.
[00:23:09.480 --> 00:23:18.480]   Okay. Okay, because in the order he clearly talks about the judge and the constable. He
[00:23:18.480 --> 00:23:23.480]   doesn't mention anything else about any other defendants but respect of...
[00:23:23.480 --> 00:23:28.480]   Wait a minute, wait a minute. He talks about the judge being the constable?
[00:23:28.480 --> 00:23:37.480]   No, no. He talks about the judge in the constable, i.e. I was suing the constable as well.
[00:23:37.480 --> 00:23:46.480]   And okay, so this definitely needs to get a motion for reconsideration.
[00:23:46.480 --> 00:23:47.480]   Okay.
[00:23:47.480 --> 00:24:01.480]   In addition to disqualify McBride for gross pro se bias, criminal complaints against McBride
[00:24:01.480 --> 00:24:07.480]   should get them both in the state and in the Fed. You're in a good position to make it
[00:24:07.480 --> 00:24:15.480]   hot for him because in effect, as far as this suit goes in the Fed, you don't really have
[00:24:15.480 --> 00:24:26.480]   a dog in this hunt. I mean, you'd like to annoy the... and pound that haze, but if you pound
[00:24:26.480 --> 00:24:36.480]   the judge for protecting haze, this is going to terrify haze. Because if you'll take on
[00:24:36.480 --> 00:24:40.480]   the federal district judge...
[00:24:40.480 --> 00:24:41.480]   And I have no problem...
[00:24:41.480 --> 00:24:45.480]   ...for protecting... then he's cannon fodder.
[00:24:45.480 --> 00:24:46.480]   Okay.
[00:24:46.480 --> 00:24:52.480]   You hang on back there, haze. We ain't done with you.
[00:24:52.480 --> 00:24:54.480]   Okay.
[00:24:54.480 --> 00:25:00.480]   And this should get interesting because if you file criminal charges against McBride,
[00:25:00.480 --> 00:25:09.480]   it is very likely you'll get a visit from some FBI agents. And if they call you, whatever
[00:25:09.480 --> 00:25:12.480]   you do, do not go to their office.
[00:25:12.480 --> 00:25:13.480]   Okay.
[00:25:13.480 --> 00:25:21.480]   Tell them, "Absolutely not. You want to meet with me? You come to my office or we meet
[00:25:21.480 --> 00:25:23.480]   in a neutral location."
[00:25:23.480 --> 00:25:25.480]   Okay.
[00:25:25.480 --> 00:25:33.480]   And when you do, take your two recorders with you, maybe even a third one. But whatever
[00:25:33.480 --> 00:25:42.480]   you do, do not say, "Will you look and speak clearly into my pen, please?" Put your recorder
[00:25:42.480 --> 00:25:47.480]   out there on the table. Let them ask you to turn it off. Turn it off. Don't turn off the
[00:25:47.480 --> 00:25:48.480]   other two.
[00:25:48.480 --> 00:25:49.480]   I understand.
[00:25:49.480 --> 00:25:52.480]   Very good idea. Do you have a smartphone?
[00:25:52.480 --> 00:25:54.480]   Yes.
[00:25:54.480 --> 00:25:57.480]   Do you have the app QIK?
[00:25:57.480 --> 00:26:00.480]   QIK? No, I do not.
[00:26:00.480 --> 00:26:11.480]   Yes. Look it up, download it. I have a little cover for my iPhone that I ordered off the
[00:26:11.480 --> 00:26:20.480]   Internet for about five bucks. The whole back of the cover is a pocket clip, so it will
[00:26:20.480 --> 00:26:29.480]   slip right down over my pocket. And only the lens of the camera sticks up above the pocket.
[00:26:29.480 --> 00:26:41.480]   You turn on QIK and it will video them and live stream it to the Internet. So if they
[00:26:41.480 --> 00:26:46.480]   discover your phone is recording them and they take the phone and try to delete it,
[00:26:46.480 --> 00:26:48.480]   too late.
[00:26:48.480 --> 00:26:50.480]   Right.
[00:26:50.480 --> 00:26:52.480]   It's already out of here.
[00:26:52.480 --> 00:26:53.480]   Okay.
[00:26:53.480 --> 00:27:05.480]   The reason for that is if one of those agents...
[00:27:05.480 --> 00:27:12.480]   Hello?
[00:27:12.480 --> 00:27:15.480]   Did I lose you?
[00:27:15.480 --> 00:27:20.480]   Hello?
[00:27:20.480 --> 00:27:23.480]   Randy?
[00:27:23.480 --> 00:27:30.480]   Okay. Sorry about that. I'm out here in the boondocks and we've had a storm move through
[00:27:30.480 --> 00:27:41.480]   so it may be interfering with my Internet. But the reason for the two recordings in the
[00:27:41.480 --> 00:27:50.480]   neutral location is you can expect one of those FBI agents to give you sage and friendly advice
[00:27:50.480 --> 00:27:57.480]   about all of the bad things that could happen to you when you start making criminal accusations
[00:27:57.480 --> 00:28:09.480]   against a federal judge. And if they give you that sage advice, what do you do?
[00:28:09.480 --> 00:28:12.480]   I'm listening.
[00:28:12.480 --> 00:28:14.480]   Dial 911.
[00:28:14.480 --> 00:28:16.480]   Okay.
[00:28:16.480 --> 00:28:22.480]   And ask the dispatch to send an officer out to arrest the two for tampering with witness
[00:28:22.480 --> 00:28:28.480]   instruction of justice and first degree felony aggravated assault.
[00:28:28.480 --> 00:28:30.480]   Okay. Great.
[00:28:30.480 --> 00:28:36.480]   And don't tell them...don't give them legal advice. Don't tell them what they're supposed
[00:28:36.480 --> 00:28:41.480]   to do or what they should have done or you can't do this, you can't do that. Just dial
[00:28:41.480 --> 00:28:50.480]   911 and ask them to send an officer out there to take your complaint. And if the dispatcher
[00:28:50.480 --> 00:28:57.480]   wants to question you about it, ask the dispatcher if she is a prosecuting attorney.
[00:28:57.480 --> 00:29:02.480]   And she's going to say, "No." Do you have a bar card? "No." Then don't give me legal
[00:29:02.480 --> 00:29:09.480]   advice. Send an officer to take my complaint. That really gets them off the dime.
[00:29:09.480 --> 00:29:16.480]   And it's always nice to do it in front of the agents because they're going to say, "What
[00:29:16.480 --> 00:29:27.480]   the heck is going on?" And then you go after these agents. You go after McBride and accuse
[00:29:27.480 --> 00:29:37.480]   McBride of sending these two agents out who are prominently displaying deadly weapons
[00:29:37.480 --> 00:29:42.480]   for the purpose of tampering with the witness and obstruction of justice in order to shield
[00:29:42.480 --> 00:29:44.480]   McBride from...
[00:29:44.480 --> 00:29:54.480]   Did I lose you again?
[00:29:54.480 --> 00:29:59.480]   [Music]
[00:29:59.480 --> 00:30:05.480]   The Bill of Rights contains the first ten amendments of our Constitution. They guarantee
[00:30:05.480 --> 00:30:10.480]   the specific freedoms Americans should know and protect. Our liberty depends on it. I'm
[00:30:10.480 --> 00:30:14.480]   Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember your
[00:30:14.480 --> 00:30:16.480]   First Amendment rights.
[00:30:16.480 --> 00:30:20.480]   Privacy is under attack. When you give up data about yourself, you'll never get it back
[00:30:20.480 --> 00:30:25.480]   again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:30:25.480 --> 00:30:31.480]   So protect your rights. Say no to surveillance and keep your information to yourself.
[00:30:31.480 --> 00:30:35.480]   Privacy, it's worth hanging on to. This public service announcement is brought to you by
[00:30:35.480 --> 00:30:42.480]   Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with
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[00:30:44.480 --> 00:30:50.480]   Spar, it's what fighters do. It's also how I remember the five guarantees of the First
[00:30:50.480 --> 00:30:55.480]   Amendment. If you plan to take away my rights, I'm going to spar with you. S-P-A-R with an
[00:30:55.480 --> 00:31:02.480]   extra P. S for speech, P for press, another P for petition, A for assembly, and R for
[00:31:02.480 --> 00:31:06.480]   religion. Most Americans are familiar with the First Amendment guarantees of free speech,
[00:31:06.480 --> 00:31:11.480]   press, assembly, and religion. But petition for redress is another matter. We have the
[00:31:11.480 --> 00:31:16.480]   right to petition the government for a redress of grievances. It means that if we're unhappy
[00:31:16.480 --> 00:31:20.480]   with what's going on in our government, we can spell out the reasons without fear of
[00:31:20.480 --> 00:31:24.480]   being thrown into jail. I'm Dr. Catherine Albrecht. More news and information at
[00:31:24.480 --> 00:31:30.480]   CatherineAlbrecht.com.
[00:31:30.480 --> 00:31:36.480]   This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[00:31:36.480 --> 00:31:41.480]   It says that fire brought it down. However, 1,500 architects and engineers have concluded
[00:31:41.480 --> 00:31:45.480]   it was a controlled demolition. Over 6,000 of my fellow service members have given their
[00:31:45.480 --> 00:31:50.480]   lives. Thousands of my fellow first responders are dying. I'm not a conspiracy theorist. I'm
[00:31:50.480 --> 00:31:53.480]   a structural engineer. I'm a New York City correction officer. I'm an Air Force pilot.
[00:31:53.480 --> 00:31:58.480]   I'm a father who lost his son. We're Americans, and we deserve the truth. Go to
[00:31:58.480 --> 00:32:00.480]   RememberBuilding7.org today.
[00:32:00.480 --> 00:32:04.480]   Do you feel tired when talking about important topics like money and politics?
[00:32:04.480 --> 00:32:08.480]   Sorry! Are you confused by words like the Constitution or the Federal Reserve?
[00:32:08.480 --> 00:32:13.480]   What? If so, you may be diagnosed with the deadliest disease known today, stupidity.
[00:32:13.480 --> 00:32:18.480]   Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity
[00:32:18.480 --> 00:32:23.480]   at an early age. I had no idea that the number one cause of the disease is found in almost
[00:32:23.480 --> 00:32:28.480]   every home in America, the television. Unfortunately, that puts most Americans at risk of catching
[00:32:28.480 --> 00:32:33.480]   stupidity, but there is hope. The staff at Brave New Books have helped me and thousands
[00:32:33.480 --> 00:32:38.480]   of other Foxaholics suffering from sports-zombie-ism recover, and because of Brave New Books, I
[00:32:38.480 --> 00:32:43.480]   now enjoy reading and watching educational documentaries without feeling tired or uninterested.
[00:32:43.480 --> 00:32:50.480]   So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503
[00:32:50.480 --> 00:32:55.480]   or visit them in 1904 Guadalupe or bravenewbookstore.com.
[00:32:55.480 --> 00:32:58.480]   Side effects when using Brave New Books products may include discernment and enlarged vocabulary
[00:32:58.480 --> 00:33:01.480]   and an overall increase in mental functioning.
[00:33:01.480 --> 00:33:06.480]   Live, free speech radio, logosradionetwork.com.
[00:33:25.480 --> 00:33:31.480]   Okay, we are back. Randy Kelton, Debra Stevens. We live by radio and we're talking to Dave
[00:33:31.480 --> 00:33:38.480]   in Texas, and sorry about dropping off that way. I seem to be having some connection problems
[00:33:38.480 --> 00:33:45.480]   this evening. And where we went out, we were talking about filing criminal charges against
[00:33:45.480 --> 00:33:54.480]   McBride. If you can get these investigators to come and talk to you and make veiled threats
[00:33:54.480 --> 00:34:01.480]   about the bad things that can happen to you, that will send McBride ballistic.
[00:34:01.480 --> 00:34:06.480]   So are you there, Dave?
[00:34:06.480 --> 00:34:10.480]   I am. I am, Randy. Can you hear me?
[00:34:10.480 --> 00:34:20.480]   Okay. Yes, I can. Right now, what I suggest you do is prepare a motion for reconsideration.
[00:34:20.480 --> 00:34:21.480]   Okay.
[00:34:21.480 --> 00:34:24.480]   Go ahead.
[00:34:24.480 --> 00:34:26.480]   I'm listening to you.
[00:34:26.480 --> 00:34:34.480]   Okay, file a motion for reconsideration and do a little Internet search on 42 U.S. Code
[00:34:34.480 --> 00:34:44.480]   1983, showing that you have a right to sue a judge or a other public official when they
[00:34:44.480 --> 00:34:51.480]   act beyond the scope of their authority, and that McBride has a duty to determine facts
[00:34:51.480 --> 00:34:58.480]   in accordance with the rules of evidence and apply the law to the facts of the case. And
[00:34:58.480 --> 00:35:08.480]   in this instance, he failed to do so. And in the process, demonstrated gross bias by
[00:35:08.480 --> 00:35:17.480]   essentially making tacit threats of an intent on the part of the judge to tamper with a
[00:35:17.480 --> 00:35:26.480]   witness and obstruct justice for the purpose of shielding the defendants from prosecution.
[00:35:26.480 --> 00:35:29.480]   Okay.
[00:35:29.480 --> 00:35:35.480]   And get that to McBride, and he's going to deny it, and then file a notice of appeal,
[00:35:35.480 --> 00:35:40.480]   and we see what the appeals court wants to say about this. McBride is a stinker.
[00:35:40.480 --> 00:35:42.480]   He is. That he is.
[00:35:42.480 --> 00:35:49.480]   He is a problem, and you may wind up giving the Fifth Circuit a reason to toss him.
[00:35:49.480 --> 00:35:52.480]   Haven't they been after him for a while?
[00:35:52.480 --> 00:35:54.480]   Yes, they have.
[00:35:54.480 --> 00:35:56.480]   That's my understanding.
[00:35:56.480 --> 00:35:58.480]   So let's give them reason.
[00:35:58.480 --> 00:35:59.480]   Okay.
[00:35:59.480 --> 00:36:06.480]   This is not about law, it's about politics. If the Fifth Circuit thinks this guy is a
[00:36:06.480 --> 00:36:09.480]   stinker, they need cannon fodder to get rid of him.
[00:36:09.480 --> 00:36:10.480]   Okay.
[00:36:10.480 --> 00:36:15.480]   So make and look and prepare a judicial conduct complaint against him.
[00:36:15.480 --> 00:36:16.480]   Okay.
[00:36:16.480 --> 00:36:23.480]   Accusing him of sedition, official oppression, that'd be 842 U.S. Code 9, I'm sorry, 18
[00:36:23.480 --> 00:36:33.480]   U.S. Code 242, and I'm not sure what the federal statute for tampering with witness and
[00:36:33.480 --> 00:36:37.480]   obstruction of justice is, but you might want to look at those.
[00:36:37.480 --> 00:36:38.480]   Okay.
[00:36:38.480 --> 00:36:48.480]   I also sent you an email this evening in response to what Mrs. Neal, Tarrant County's
[00:36:48.480 --> 00:36:53.480]   recorder, they had clerk there underneath Mrs. Garcia.
[00:36:53.480 --> 00:36:54.480]   Uh-huh.
[00:36:54.480 --> 00:37:01.480]   I had asked her why is it two different times that somebody's policing my documents and
[00:37:01.480 --> 00:37:06.480]   refiling them and sending them back to me. I want to know who brought it to her attention
[00:37:06.480 --> 00:37:12.480]   and why they unfiled it, and she's telling me they got every rights in the world to do
[00:37:12.480 --> 00:37:16.480]   so, even months after it's been filed.
[00:37:16.480 --> 00:37:19.480]   Just file criminally against her.
[00:37:19.480 --> 00:37:20.480]   She has no sense.
[00:37:20.480 --> 00:37:21.480]   That's right.
[00:37:21.480 --> 00:37:24.480]   Well, and Randy, I froze today because that's what I did.
[00:37:24.480 --> 00:37:27.480]   I went to the sheriff's department in Tarrant County.
[00:37:27.480 --> 00:37:34.480]   I took in the penal code under Title 8, and I took in the abuse of office, the official
[00:37:34.480 --> 00:37:39.480]   oppression, and I spoke to a sheriff, and he looked at it.
[00:37:39.480 --> 00:37:47.480]   He says, "Well, I need case law to show exactly what they violated before I write any criminal
[00:37:47.480 --> 00:37:48.480]   complaint."
[00:37:48.480 --> 00:37:55.480]   Is this sheriff, deputy, a lawyer?
[00:37:55.480 --> 00:37:56.480]   No.
[00:37:56.480 --> 00:37:58.480]   Here's what he told me.
[00:37:58.480 --> 00:38:03.480]   He said he's only going to be in the office until tomorrow afternoon, then he's going
[00:38:03.480 --> 00:38:05.480]   on a different assignment.
[00:38:05.480 --> 00:38:11.480]   And I said, "Who's coming in to take your position, because maybe I need to wait for
[00:38:11.480 --> 00:38:14.480]   them to come in before I even move any further."
[00:38:14.480 --> 00:38:21.480]   I'm going to suggest you don't waste any time with the sheriff's department.
[00:38:21.480 --> 00:38:22.480]   Okay.
[00:38:22.480 --> 00:38:26.480]   Do not go down there and talk to any of them.
[00:38:26.480 --> 00:38:30.480]   Prepare your criminal complaints and send them to the district attorney.
[00:38:30.480 --> 00:38:31.480]   Okay.
[00:38:31.480 --> 00:38:36.480]   When the district attorney sends you back this letter saying he's examined into your
[00:38:36.480 --> 00:38:41.480]   accusations, decided to take no action, then you prepare the complaints against the district
[00:38:41.480 --> 00:38:43.480]   attorney and send them to the grand jury.
[00:38:43.480 --> 00:38:51.480]   When you get those back, then you prepare obstruction of justice against the district
[00:38:51.480 --> 00:38:57.480]   attorney and send those to a district judge, a local district judge, and accuse the district
[00:38:57.480 --> 00:39:02.480]   attorney of shielding the federal judge from criminal prosecution.
[00:39:02.480 --> 00:39:06.480]   And the district judge is going to refuse to act on them.
[00:39:06.480 --> 00:39:10.480]   And then you file against the district judge with the attorney general.
[00:39:10.480 --> 00:39:15.480]   And the district judge is going to be real unhappy about that.
[00:39:15.480 --> 00:39:24.480]   And then you also file against the district judge with a letter back to the grand jury.
[00:39:24.480 --> 00:39:32.480]   And then when the prosecutor intercepts that, oh, in the process, if you send a complaint,
[00:39:32.480 --> 00:39:40.480]   set of complaints to the grand jury and you get a response back from the district attorney,
[00:39:40.480 --> 00:39:49.480]   then you file in the Fed against the district attorney for mail fraud, interfering with
[00:39:49.480 --> 00:39:52.480]   the U.S. mail.
[00:39:52.480 --> 00:39:53.480]   All right.
[00:39:53.480 --> 00:39:58.480]   And you also file against him when you make the complaint against the prosecutor, you
[00:39:58.480 --> 00:40:03.480]   charge him with tampering with a government document.
[00:40:03.480 --> 00:40:04.480]   Okay.
[00:40:04.480 --> 00:40:10.480]   If anyone secrets a document from the person or department is directed to, that's tampering
[00:40:10.480 --> 00:40:12.480]   with the government document.
[00:40:12.480 --> 00:40:18.480]   And if you direct a document to the grand jury and the prosecutor attorney intercepts,
[00:40:18.480 --> 00:40:20.480]   that's tampering.
[00:40:20.480 --> 00:40:28.480]   You start stacking them up on these guys in the state using accusations against McBride
[00:40:28.480 --> 00:40:36.480]   to beat them up with because they're not going to be buddies with the federal judge.
[00:40:36.480 --> 00:40:41.480]   So if you get the attorney general who just happens to have recently noticed that he intends
[00:40:41.480 --> 00:40:46.480]   to run for governor, if you start going after him criminally and send your criminal complaints
[00:40:46.480 --> 00:40:52.480]   to the news media, he's going to get real excited about that.
[00:40:52.480 --> 00:40:56.480]   We generate ourselves a little politics.
[00:40:56.480 --> 00:41:03.480]   The attorney general in the case of a criminal accusation against a public official under
[00:41:03.480 --> 00:41:09.480]   39.015 has concurrent jurisdiction with the prosecuting attorney.
[00:41:09.480 --> 00:41:16.480]   So if you send a complaint to the attorney general that implicates the prosecuting attorney,
[00:41:16.480 --> 00:41:22.480]   the prosecuting attorney would be disqualified and that would leave the attorney general
[00:41:22.480 --> 00:41:27.480]   as the prosecutor of original jurisdiction.
[00:41:27.480 --> 00:41:30.480]   Gotcha, Baba.
[00:41:30.480 --> 00:41:34.480]   And when he refuses to act, now you get to go after him.
[00:41:34.480 --> 00:41:39.480]   Now we go to the media because he's got to run for governor.
[00:41:39.480 --> 00:41:44.480]   This is just the guy we want for governor.
[00:41:44.480 --> 00:41:47.480]   We may get the attorney general to get pressure on these guys.
[00:41:47.480 --> 00:41:56.480]   You might actually get McBride stung pretty good because nobody likes McBride.
[00:41:56.480 --> 00:41:57.480]   Okay.
[00:41:57.480 --> 00:42:02.480]   McBride has personal issues.
[00:42:02.480 --> 00:42:05.480]   You know, it's very well known that he's a real stinker.
[00:42:05.480 --> 00:42:07.480]   That he is.
[00:42:07.480 --> 00:42:13.480]   So we get some -- you got to understand, you know, there's a lot of power in Austin.
[00:42:13.480 --> 00:42:23.480]   Tom DeLay, Speaker of the House, taken out by Ron Earl, District Attorney to Travis County.
[00:42:23.480 --> 00:42:29.480]   Illegally, nobody ever filed a criminal complaint against Tom DeLay.
[00:42:29.480 --> 00:42:35.480]   He served three years in the penitentiary, but nobody ever filed a complaint against him.
[00:42:35.480 --> 00:42:44.480]   So if they can do that to the Speaker of the House, this federal judge is cannon fodder.
[00:42:44.480 --> 00:42:51.480]   So stir up the local state officials, they can take him out.
[00:42:51.480 --> 00:42:53.480]   Okay, does that sound like fun?
[00:42:53.480 --> 00:42:55.480]   It sounds like a lot of fun.
[00:42:55.480 --> 00:43:03.480]   One other question, Larry had his situation down with Johnson County with the clerks.
[00:43:03.480 --> 00:43:10.480]   They called his documents, I believe, a misunderstanding or something along that.
[00:43:10.480 --> 00:43:12.480]   Yeah, they --
[00:43:12.480 --> 00:43:14.480]   Here's what I got from Mrs. Neal.
[00:43:14.480 --> 00:43:18.480]   She's claiming the DA, and again, she's not giving me no name,
[00:43:18.480 --> 00:43:29.480]   but the DA had determined that there's irregularities -- I can't say that word -- irregularities.
[00:43:29.480 --> 00:43:34.480]   You might look at pre-litigation discovery.
[00:43:34.480 --> 00:43:37.480]   I think it's Rule 280.
[00:43:37.480 --> 00:43:39.480]   I never get that right.
[00:43:39.480 --> 00:43:40.480]   Ken could get it right.
[00:43:40.480 --> 00:43:49.480]   Would you look and do a search for rules of civil procedure, Texas, pre-litigation discovery.
[00:43:49.480 --> 00:43:51.480]   Hang on, we're about to go to break.
[00:43:51.480 --> 00:43:54.480]   This is Randy Kelton, David Stevens, Rue of La Radio.
[00:43:54.480 --> 00:43:58.480]   I call in number 512-646-1984.
[00:43:58.480 --> 00:44:00.480]   We'll be right --
[00:44:00.480 --> 00:44:07.480]   Mr. President, members of Congress, you've been making a lot of noise about taking our guns away,
[00:44:07.480 --> 00:44:10.480]   but you might want to review history.
[00:44:10.480 --> 00:44:14.480]   1835, Gonzales, Texas Territory.
[00:44:14.480 --> 00:44:19.480]   The authorities wanted to confiscate the big gun that protected that colony.
[00:44:19.480 --> 00:44:21.480]   You know what the people said?
[00:44:21.480 --> 00:44:23.480]   Come and take it.
[00:44:23.480 --> 00:44:28.480]   Because they were willing to fight for their freedom and their guns.
[00:44:28.480 --> 00:44:30.480]   So are we.
[00:44:30.480 --> 00:44:39.480]   Come and take it if you want it. Come and take it if you think you can. Come and take it, but I want you.
[00:44:39.480 --> 00:44:42.480]   You'll have to fight it from our cold dead hands.
[00:44:42.480 --> 00:44:48.480]   We want the freedom that God gave us. So you best not cross that line.
[00:44:48.480 --> 00:44:53.480]   If you want this gun, you gotta come through us and take it.
[00:44:53.480 --> 00:44:56.480]   One shot at a time.
[00:44:56.480 --> 00:45:00.480]   Just like Gonzales, we're keeping our guns.
[00:45:00.480 --> 00:45:03.480]   Are you the plaintiff or defendant in a lawsuit?
[00:45:03.480 --> 00:45:10.480]   Win your case without an attorney with Juris Dictionary, the affordable, easy to understand, core CD course
[00:45:10.480 --> 00:45:14.480]   that will show you how in 24 hours, step by step.
[00:45:14.480 --> 00:45:18.480]   If you have a lawyer, know what your lawyer should be doing.
[00:45:18.480 --> 00:45:22.480]   If you don't have a lawyer, know what you should do for yourself.
[00:45:22.480 --> 00:45:27.480]   Thousands have won with our step by step course, and now you can too.
[00:45:27.480 --> 00:45:33.480]   Juris Dictionary was created by a licensed attorney with 22 years of case winning experience.
[00:45:33.480 --> 00:45:38.480]   Even if you're not in a lawsuit, you can learn what everyone should understand
[00:45:38.480 --> 00:45:42.480]   about the principles and practices that control our American courts.
[00:45:42.480 --> 00:45:48.480]   You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[00:45:48.480 --> 00:45:55.480]   pro se tactics, and much more. Please visit ruleoflawradio.com and click on the banner.
[00:45:55.480 --> 00:46:00.480]   Or call toll free, 866-LAW-EZ.
[00:46:00.480 --> 00:46:13.480]   [music]
[00:46:13.480 --> 00:46:23.480]   [music]
[00:46:23.480 --> 00:46:33.480]   [music]
[00:46:33.480 --> 00:46:43.480]   [music]
[00:46:43.480 --> 00:46:47.480]   [music]
[00:46:47.480 --> 00:46:55.480]   Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Dave in Texas.
[00:46:55.480 --> 00:47:00.480]   And I'll bring Dave back up as soon as my page refreshes.
[00:47:00.480 --> 00:47:04.480]   There we go. I think you got you. Are you there, Dave?
[00:47:04.480 --> 00:47:06.480]   I'm here.
[00:47:06.480 --> 00:47:11.480]   There we go. Okay. So you have your work cut out for you.
[00:47:11.480 --> 00:47:12.480]   I do.
[00:47:12.480 --> 00:47:22.480]   Now, I can tell you from experience, when you start this, they will treat you like a pariah.
[00:47:22.480 --> 00:47:27.480]   And they'll do all this song and dance and seltzer down your pants.
[00:47:27.480 --> 00:47:31.480]   And it takes a bit. You have to stay after them.
[00:47:31.480 --> 00:47:39.480]   But after you've beaten them up for a while, they begin to realize that you're not going to go away.
[00:47:39.480 --> 00:47:46.480]   You're not going to be intimidated. And you're not going to do anything stupid to give them a shot at you.
[00:47:46.480 --> 00:47:49.480]   That's when you really start making a difference.
[00:47:49.480 --> 00:48:04.480]   Primary reason Larry didn't have any major problem in Johnson County is they had had me beat them up pretty good three or four years ago.
[00:48:04.480 --> 00:48:11.480]   And really worked over the prosecuting attorney, presented the prosecuting attorney to a grand jury.
[00:48:11.480 --> 00:48:16.480]   And he did not want that kind of nonsense happening again.
[00:48:16.480 --> 00:48:20.480]   So they changed their policies and procedures.
[00:48:20.480 --> 00:48:28.480]   The prosecutor all of a sudden wasn't so worried about going after a public official.
[00:48:28.480 --> 00:48:32.480]   If it meant he didn't have somebody coming after him.
[00:48:32.480 --> 00:48:34.480]   Okay.
[00:48:34.480 --> 00:48:37.480]   So this may be what it takes.
[00:48:37.480 --> 00:48:43.480]   And you may be in a good position to help get rid of McBride.
[00:48:43.480 --> 00:48:47.480]   He needs to be out of office.
[00:48:47.480 --> 00:48:54.480]   He just simply is not fit for that particular position.
[00:48:54.480 --> 00:48:59.480]   He ought to be out picking up dead skunks and cats off the highway or something.
[00:48:59.480 --> 00:49:06.480]   Or he won't be causing the kinds of injustice he does that are on a regular basis.
[00:49:06.480 --> 00:49:10.480]   Anyway, anything else, Dave?
[00:49:10.480 --> 00:49:15.480]   No, sir. I greatly appreciate your wisdom once again.
[00:49:15.480 --> 00:49:17.480]   Okay. Thank you very much.
[00:49:17.480 --> 00:49:23.480]   Now we're going to go to Steve in Missouri.
[00:49:23.480 --> 00:49:30.480]   I apologize. My screen is a little slow and refreshing today.
[00:49:30.480 --> 00:49:32.480]   Okay. Steve, are you there?
[00:49:32.480 --> 00:49:35.480]   Yeah, I'm here. Can you hear me?
[00:49:35.480 --> 00:49:36.480]   Yes, I can hear you.
[00:49:36.480 --> 00:49:38.480]   What do you have for us today?
[00:49:38.480 --> 00:49:48.480]   Well, you started out with the -- tonight talking about RESPA and the validation letter.
[00:49:48.480 --> 00:49:49.480]   Yes.
[00:49:49.480 --> 00:49:51.480]   Oh, boy. Right on time.
[00:49:51.480 --> 00:49:53.480]   I'm going to call -- that's what I wanted to call you about.
[00:49:53.480 --> 00:50:00.480]   Randy, last week I got a notice from Bank of America that they're going to -- that I've been assigned a new servicer.
[00:50:00.480 --> 00:50:05.480]   This will be my third servicer.
[00:50:05.480 --> 00:50:15.480]   And, you know, the quick background is local mortgage broker/countrywide/BankofAmerica/thisnotice.
[00:50:15.480 --> 00:50:19.480]   And I'm not in threat of foreclosure.
[00:50:19.480 --> 00:50:21.480]   I'm current.
[00:50:21.480 --> 00:50:23.480]   And I've been studying.
[00:50:23.480 --> 00:50:27.480]   You know, I'm not a great student, but I have been studying for a couple years.
[00:50:27.480 --> 00:50:36.480]   And so it's a little blue-collar house, 700 square feet.
[00:50:36.480 --> 00:50:41.480]   You know, they stole most of my equity, you know, in '08 when the economy crashed.
[00:50:41.480 --> 00:50:44.480]   So I haven't got a lot on the line.
[00:50:44.480 --> 00:50:49.480]   And I thought, well, this is going to be the year that I'm going to go up against these guys, you know.
[00:50:49.480 --> 00:50:54.480]   And so then I got this notice, and it seems to me like this might be a good time.
[00:50:54.480 --> 00:51:02.480]   I kept thinking about qualified written requests, but here in the last couple days it seems to me like --
[00:51:02.480 --> 00:51:08.480]   confirm for me now, my servicers are nothing but debt collectors really, right?
[00:51:08.480 --> 00:51:13.480]   A loan servicer is a debt collector.
[00:51:13.480 --> 00:51:17.480]   Well, they claim they're not a debt collector.
[00:51:17.480 --> 00:51:28.480]   And if the loan is in good standing, depending on the state, there may be substance to that claim.
[00:51:28.480 --> 00:51:34.480]   If the note is not in good state, then they're definitely not a debt collector.
[00:51:34.480 --> 00:51:44.480]   However, my argument is that it was the intent of the legislature
[00:51:44.480 --> 00:51:52.480]   when they passed the Fair Debt Collections Practices Act at 1692(g).
[00:51:52.480 --> 00:51:57.480]   That's 15 U.S. Code 1692(g).
[00:51:57.480 --> 00:52:07.480]   That a borrower, when he receives a presentment from a lender --
[00:52:07.480 --> 00:52:17.480]   I'm sorry, a borrower, when he is notified of a transfer of --
[00:52:17.480 --> 00:52:26.480]   a holdership of a note such that a different entity makes demand for payment in the form of a presentment,
[00:52:26.480 --> 00:52:31.480]   as presentment is defined by the Uniform Commercial Code,
[00:52:31.480 --> 00:52:43.480]   that the borrower may demand validation of the debt from the new alleged holder or agent for the holder.
[00:52:43.480 --> 00:52:45.480]   That was their intent.
[00:52:45.480 --> 00:52:55.480]   And what the lenders are saying is if we are collecting on a residential mortgage,
[00:52:55.480 --> 00:52:59.480]   then we are not a debt collector.
[00:52:59.480 --> 00:53:09.480]   And what I'm saying is that if the courts allow the lender to ignore 1692(g)
[00:53:09.480 --> 00:53:14.480]   because the lender claims they're not a debt collector,
[00:53:14.480 --> 00:53:21.480]   then that would be lie the whole purpose of 1692(g).
[00:53:21.480 --> 00:53:29.480]   That it is mind-contention that in order to facilitate the intent of the legislature,
[00:53:29.480 --> 00:53:44.480]   that the entity must be construed as a debt collector based on the sending of a presentment to the borrower
[00:53:44.480 --> 00:53:54.480]   until such time as they offer evidence to show that they do not fall under 1692(g).
[00:53:54.480 --> 00:54:01.480]   Otherwise, all any entity would have to say is, "Oh, I'm collecting a real estate mortgage debt,
[00:54:01.480 --> 00:54:03.480]   therefore I'm not a debt collector."
[00:54:03.480 --> 00:54:09.480]   Well, if they're collecting real estate mortgage debt and they received the debt,
[00:54:09.480 --> 00:54:19.480]   and the debt was assigned to them after the debt went into default, then they are a debt collector.
[00:54:19.480 --> 00:54:30.480]   So they are not included in the exclusion simply because they are collecting on a mortgage.
[00:54:30.480 --> 00:54:38.480]   They must be collecting on a mortgage that they came into possession of while the mortgage was in good standing.
[00:54:38.480 --> 00:54:44.480]   And they would have it such that all they have to do is maintain that they're collecting on a mortgage,
[00:54:44.480 --> 00:54:52.480]   and they don't have to prove that they are not a debt collector. Does that make sense?
[00:54:52.480 --> 00:54:56.480]   It does make sense. I'm not sure if it exactly applies to me because you keep saying lender,
[00:54:56.480 --> 00:55:03.480]   and I haven't been contacted by any lenders. I've been contacted by a third-party servicer who specifically --
[00:55:03.480 --> 00:55:11.480]   Okay, hold on. Hold on, hold on, hold on. When I say lender, lender applies to lender
[00:55:11.480 --> 00:55:15.480]   and all lenders alleged successors and assigns.
[00:55:15.480 --> 00:55:16.480]   Okay.
[00:55:16.480 --> 00:55:24.480]   So it would apply equally to all of them rather than getting into the separate arguments
[00:55:24.480 --> 00:55:30.480]   that these individuals don't have agency standing or capacity.
[00:55:30.480 --> 00:55:37.480]   Now, we can go into that a whole lot, but that doesn't go directly to the Fair Debt Collections Practices Act
[00:55:37.480 --> 00:55:43.480]   and the Debt Validation Letter. Are you familiar with the difference between --
[00:55:43.480 --> 00:55:45.480]   Go ahead.
[00:55:45.480 --> 00:55:49.480]   -- just being assigned the servicing rights, you know. But I understand what you're saying.
[00:55:49.480 --> 00:55:51.480]   So my short question --
[00:55:51.480 --> 00:55:54.480]   Okay, now there's --
[00:55:54.480 --> 00:55:56.480]   My short question here before the --
[00:55:56.480 --> 00:55:57.480]   Okay.
[00:55:57.480 --> 00:56:03.480]   Why couldn't I just jump right into this debt validation request here
[00:56:03.480 --> 00:56:09.480]   before I ever start to do business with these new people? I don't know who they are.
[00:56:09.480 --> 00:56:17.480]   Exactly. That's the point. That is exactly the purpose of 1692(g).
[00:56:17.480 --> 00:56:24.480]   But if you construct your own debt validation letter, I suggest that you add two things to it.
[00:56:24.480 --> 00:56:26.480]   Uh-huh.
[00:56:26.480 --> 00:56:36.480]   Okay. A debt validation letter is a debt validation letter if you call it a "Tell me who the heck you are" letter.
[00:56:36.480 --> 00:56:40.480]   It doesn't matter what you call it. It is what it is.
[00:56:40.480 --> 00:56:52.480]   So if you dispute the entire debt and demand that the entity making the presentment
[00:56:52.480 --> 00:57:01.480]   validate the debt and show agency to represent a principal, the standing and legal capacity to collect on the debt.
[00:57:01.480 --> 00:57:12.480]   And you demand that the lender provide access to the tangible security instrument upon which the claim is made.
[00:57:12.480 --> 00:57:16.480]   Tangible security instrument means original.
[00:57:16.480 --> 00:57:17.480]   Yes.
[00:57:17.480 --> 00:57:19.480]   A copy is an intangible.
[00:57:19.480 --> 00:57:20.480]   I heard a discussion --
[00:57:20.480 --> 00:57:24.480]   That makes it --
[00:57:24.480 --> 00:57:34.480]   Okay. That makes your letter a demand also under UCC 3-501.
[00:57:34.480 --> 00:57:46.480]   And maintain that there is an accounting error in the charges filed against you inasmuch as at closing
[00:57:46.480 --> 00:57:50.480]   the lender charged fees on the HUD-1 settlement statement.
[00:57:50.480 --> 00:57:59.480]   However, the lender failed to provide documentation to show that those fees were not otherwise prohibited to be charged by laws,
[00:57:59.480 --> 00:58:12.480]   that the fees were for services actually rendered, that the vendors were bona fide vendors and not front companies for fiduciaries to the lender,
[00:58:12.480 --> 00:58:19.480]   that the fees -- the services were necessary, the fees charged were reasonable,
[00:58:19.480 --> 00:58:24.480]   and that the lender did not take an undisclosed markup on the fees charged.
[00:58:24.480 --> 00:58:27.480]   That all goes to the Real Estate Settlement Procedures Act.
[00:58:27.480 --> 00:58:34.480]   But you claim that all of those fees are fraudulent and demand that they prove up all the fees are deducted from the principal.
[00:58:34.480 --> 00:58:38.480]   That makes your document also a qualified request.
[00:58:38.480 --> 00:58:40.480]   Okay. Hang on.
[00:58:40.480 --> 00:58:43.480]   We're about to go to break. We'll pick this up on the other side.
[00:58:43.480 --> 00:58:49.480]   Brandy Kelton, Deborah Stevens, Rue La La Radio, or call in number 512-646.
[00:58:49.480 --> 00:58:57.480]   The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[00:58:57.480 --> 00:59:05.480]   Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the Scripture.
[00:59:05.480 --> 00:59:08.480]   Enter the Recovery Version.
[00:59:08.480 --> 00:59:12.480]   First, this new translation is extremely faithful and accurate,
[00:59:12.480 --> 00:59:17.480]   but the real story is the more than 9,000 explanatory footnotes.
[00:59:17.480 --> 00:59:21.480]   Difficult and profound passages are opened up in a marvelous way,
[00:59:21.480 --> 00:59:27.480]   providing an entrance into the riches of the Word beyond which you've ever experienced before.
[00:59:27.480 --> 00:59:32.480]   Bibles for America would like to give you a free Recovery Version simply for the asking.
[00:59:32.480 --> 00:59:42.480]   This comprehensive yet compact Study Bible is yours just by calling us toll-free at 1-888-551-0102
[00:59:42.480 --> 00:59:46.480]   or by ordering online at freestudybible.com.
[00:59:46.480 --> 00:59:49.480]   That's freestudybible.com.
[00:59:49.480 --> 00:59:59.480]   You're listening to the Logos Radio Network at logosradionetwork.com.
[00:59:59.480 --> 01:00:12.480]   You're listening to The Liberty Beat, your daily source for Liberty News and activist updates, online at TheLibertyBeat.com.
[01:00:12.480 --> 01:00:17.480]   John Bush here with Your Liberty Beat for Thursday, July 18, 2013.
[01:00:17.480 --> 01:00:24.480]   Gold opened today at $1,280, silver at $19.42, and bitcoin is trading at $90.
[01:00:24.480 --> 01:00:30.480]   Support for The Liberty Beat comes from Cabo Bob, the first high-fructose corn syrup-free quick-serve restaurant in the country,
[01:00:30.480 --> 01:00:35.480]   serving Baja California-style burritos and non-GMO corn tortillas and chips,
[01:00:35.480 --> 01:00:41.480]   in Austin at 500 East Ben White Boulevard or by phone at 512-432-1111.
[01:00:41.480 --> 01:00:43.480]   And now the news.
[01:00:43.480 --> 01:00:50.480]   Wednesday morning, the American Civil Liberties Union released a report based on documents confirming the existence of a national database of information
[01:00:50.480 --> 01:00:54.480]   gathered from license plate readers used by law enforcement agencies.
[01:00:54.480 --> 01:01:02.480]   The report, titled "You Are Being Tracked," details how the license plate readers work, how they're being used, and the potential privacy infringements.
[01:01:02.480 --> 01:01:08.480]   The ACLU found that law enforcement agencies have no standards for the amount of time the data gathered can be held.
[01:01:08.480 --> 01:01:13.480]   Some departments delete information within 48 hours, others maintain the information indefinitely.
[01:01:13.480 --> 01:01:21.480]   The report warns that the data gathered by license plate readers can be used in conjunction with fusion centers and disseminated to other governmental agencies.
[01:01:21.480 --> 01:01:29.480]   The report was the result of numerous Freedom of Information Act requests filed by ACLU offices and affiliates across the United States.
[01:01:29.480 --> 01:01:38.480]   Two San Marcos, Texas, police officers were arrested this week in separate incidences.
[01:01:38.480 --> 01:01:45.480]   One officer was arrested for aggravated assault by a public servant and the other for obtaining controlled substances by fraud.
[01:01:45.480 --> 01:01:54.480]   Officer James Palermo, who was arrested for assault, is accused of slamming a Texas State University student to the ground as she walked into a traffic stop he was engaged in.
[01:01:54.480 --> 01:01:58.480]   The excessive force resulted in the woman losing two teeth and having a concussion.
[01:01:58.480 --> 01:02:03.480]   Second officer was reportedly involved in legally obtaining prescription drugs from doctors in the central Texas area.
[01:02:03.480 --> 01:02:13.480]   Chief Howard Williams responded to the charges on July 17th stating, "It's personally painful to think any officer, much less ones under my command, would engage in this kind of conduct."
[01:02:13.480 --> 01:02:20.480]   Police accountability activists are applauding the San Marcos Police Department for overcoming the thin blue line and holding their own accountable.
[01:02:24.480 --> 01:02:34.480]   On Wednesday, the Second U.S. Circuit Court of Appeals in New York ended a court order that would have prevented the U.S. government from indefinitely detaining citizens believed to be tied to terrorism.
[01:02:34.480 --> 01:02:47.480]   U.S. District Judge Lewis Kaplan said the plaintiffs, which include journalists Chris Hedges, Noam Chomsky, Daniel Ellsberg, and others, "lack standing" because the provision "says nothing at all about the President's authority to detain American citizens."
[01:02:47.480 --> 01:02:53.480]   The judge did state that this does not imply "that previous existing law may permit the detention of American citizens."
[01:02:53.480 --> 01:02:59.480]   Chris Hedges stated that his team would appeal to the Supreme Court and called it "a black day for those who care about liberty."
[01:02:59.480 --> 01:03:09.480]   [Music]
[01:03:09.480 --> 01:03:36.480]   [Music]
[01:03:36.480 --> 01:03:43.480]   Okay, we are back. Randy Kelton, Deborah Stevens, Rue of Law Radio, and we're talking to Steve in Missouri.
[01:03:43.480 --> 01:03:52.480]   Okay, Steve, I had a really busy break. We were having some technical difficulties. We were trying to get our doubt. Where were we?
[01:03:52.480 --> 01:04:04.480]   We were talking about sending a death validation letter to a new loan servicer.
[01:04:04.480 --> 01:04:29.480]   Okay, I just got a ruling from a judge today, and the only thing he needed was for us to, for the client, to affirm the date on which he filed the death validation letter
[01:04:29.480 --> 01:04:41.480]   and the date at which the servicer took over servicing of the note to show that the death validation was within the 30-day time limit, and he would have granted us our petition.
[01:04:41.480 --> 01:04:48.480]   So this was a really good sign, and it's right on this very issue.
[01:04:48.480 --> 01:05:00.480]   And that goes to the point that when you take action against them, you have to be able to say, "On this day, I received notice of a new servicer.
[01:05:00.480 --> 01:05:21.480]   On this day, I filed a death validation letter," and Linder failed to respond. What our suit that we just had a ruling on in New York was about was statutory estoppel,
[01:05:21.480 --> 01:05:31.480]   that the lender was statutorily estopped from further collection until he proved up to debt, and that was major.
[01:05:31.480 --> 01:05:43.480]   That's the hardest thing for them to do. So it was an excellent ruling, except I don't think my client can show that he got the death validation letter off within 30 days.
[01:05:43.480 --> 01:05:57.480]   We may lose that anyway, but anyway, we got a good ruling from the court. So you can look on remediesinrealestate.com.
[01:05:57.480 --> 01:06:00.480]   Have you ever looked at that site?
[01:06:00.480 --> 01:06:04.480]   Oh, yeah, I have. Not real recently, though.
[01:06:04.480 --> 01:06:17.480]   Okay, yeah, look at the forensic analysis. There's a forensic analysis map on there, and it has a debt validation letter on it.
[01:06:17.480 --> 01:06:21.480]   I've been moving some stuff around on there, so you'll have to kind of look for it.
[01:06:21.480 --> 01:06:32.480]   I think if you click on the center node on the map, it'll take you to a webpage, and that webpage will have a link to a death validation letter.
[01:06:32.480 --> 01:06:52.480]   And that death validation letter has a letter that goes to each of the credit reporting agencies requesting that they mark the debt in dispute until they're notified that the death validation letter was answered.
[01:06:52.480 --> 01:07:00.480]   So when you send a death validation letter, you need to send a letter to each reporting agency as well.
[01:07:00.480 --> 01:07:07.480]   And we have a tool on remediesinrealestate, the calculate fraud page.
[01:07:07.480 --> 01:07:18.480]   If you click on that, you'll need note, generally just the first page of the note, because you need principal and interest from the note,
[01:07:18.480 --> 01:07:30.480]   principal and interest from the truth and lending statement, and all of the fees charged on the second page is a hard-won settlement statement.
[01:07:30.480 --> 01:07:39.480]   This calculate fraud page will have a place to put in all of those numbers, and the site will send them to me.
[01:07:39.480 --> 01:07:54.480]   And I'll run a calculation on them spreadsheet that will give you a claim against the lender in your qualified written request that will choke a horse.
[01:07:54.480 --> 01:07:59.480]   So that'll give you a really powerful qualified written request.
[01:07:59.480 --> 01:08:10.480]   I'm down to about two weeks, I guess. I got notice from Bank of America on the 15th of June saying that Everhome, that's the new guys.
[01:08:10.480 --> 01:08:12.480]   Have you ever heard of them? Everhome and Jacksonville?
[01:08:12.480 --> 01:08:20.480]   No, no, never heard of them. But have you sent a death validation letter to them?
[01:08:20.480 --> 01:08:33.480]   No, they told me that Everhome would have to contact me by the 15th of this month by law. So that was two days ago, and I'm 100 miles from where the mail goes.
[01:08:33.480 --> 01:08:38.480]   So I figured I had 30 days from the 15th.
[01:08:38.480 --> 01:08:39.480]   You do.
[01:08:39.480 --> 01:08:51.480]   I sent Everhome 30 days from 15th. Meanwhile, I did make my July 1st payment, but I made it to Bank of America as if I hadn't been noticed yet, you know.
[01:08:51.480 --> 01:08:53.480]   Perfect, perfect.
[01:08:53.480 --> 01:09:00.480]   So I've got two or four weeks, depending upon how he calculated. What I've got to do is get in my car and drive up to St. Louis.
[01:09:00.480 --> 01:09:16.480]   I live down here in the Ozarks now, but all my business mail still goes to my primary address, you know. So I've got to drive up there, get their letter, and I guess that'll be my job for the next couple weeks.
[01:09:16.480 --> 01:09:22.480]   If you win this, you'll be well paid.
[01:09:22.480 --> 01:09:35.480]   Well, if I win it, I don't have to toss and turn every night for another six years like I've been doing since this all started, you know, since I refied with the dirty guys.
[01:09:35.480 --> 01:09:44.480]   I used to have a solid mortgage, you know, and then I refied because I was paying nine and a quarter percent up until '03.
[01:09:44.480 --> 01:09:46.480]   Are you up to date?
[01:09:46.480 --> 01:09:48.480]   I'm up to date.
[01:09:48.480 --> 01:09:53.480]   Then why don't you look at refying again because now you get it down to like 3%.
[01:09:53.480 --> 01:09:58.480]   Well, because I don't have any income to show.
[01:09:58.480 --> 01:09:59.480]   Oh.
[01:09:59.480 --> 01:10:06.480]   I have zero, I haven't had a job for five years now since this collapse happened.
[01:10:06.480 --> 01:10:12.480]   And what I did was I rented the house to a, I have a roommate.
[01:10:12.480 --> 01:10:18.480]   The roommate's paying the mortgage and I'm living in my cabin in the Ozarks, which is rent free. So, you know, I'm just down.
[01:10:18.480 --> 01:10:22.480]   And of course, I live in an area where there's no commerce.
[01:10:22.480 --> 01:10:25.480]   So no mortgage, no commerce.
[01:10:25.480 --> 01:10:27.480]   Yeah.
[01:10:27.480 --> 01:10:29.480]   So you're kind of off the grid.
[01:10:29.480 --> 01:10:35.480]   I'm off the grid. So I either need to get the house or I need to sell the house, if you know what I mean.
[01:10:35.480 --> 01:10:37.480]   I either need to get cleaned up.
[01:10:37.480 --> 01:10:44.480]   Well, if you're up to date, you might be, might want to look at setting these guys up.
[01:10:44.480 --> 01:10:46.480]   Well, that's kind of what I'm thinking.
[01:10:46.480 --> 01:10:56.480]   You know, and I'm thinking now is the perfect time to strike because I got to, first of all, I don't have to fight with Bank of America anymore because they're the ex-servicers.
[01:10:56.480 --> 01:11:02.480]   And I got these new guys and I got a feeling they might be, you know, they might be all primed and ready for this kind of stuff.
[01:11:02.480 --> 01:11:09.480]   They might be the guy, this might be the new company that's been set up to deal with all these kind of pros and cons.
[01:11:09.480 --> 01:11:12.480]   Okay. How long have you been listening to our show?
[01:11:12.480 --> 01:11:15.480]   A couple of three years, a couple of three, four years.
[01:11:15.480 --> 01:11:23.480]   Okay. So you're familiar with running the routine on them, bar grievances, judicial conduct complaints and the like.
[01:11:23.480 --> 01:11:27.480]   Yeah, I'm familiar. I've heard you talk about it all. Yeah.
[01:11:27.480 --> 01:11:44.480]   So you might want to start working these guys over. Send me an email, Randy@ruleoflawradio.com, and I will send you a set of documents to file in the record, a notice of default.
[01:11:44.480 --> 01:11:47.480]   Is Murr's included in your note?
[01:11:47.480 --> 01:11:49.480]   Oh, yeah.
[01:11:49.480 --> 01:12:00.480]   Then a notice firing Murr's and a notice to rescind all transfers and all appointments and assignments.
[01:12:00.480 --> 01:12:06.480]   Yeah, I heard you talk about that recently. Now, I don't think Murr's was mentioned in the note, just the deed.
[01:12:06.480 --> 01:12:12.480]   Yeah, I'm sorry. That's the only place they're mentioned in the data trust. So since you hired them, you can fire them.
[01:12:12.480 --> 01:12:13.480]   Yeah.
[01:12:13.480 --> 01:12:30.480]   So get all this filed in the record. Get everything that's been filed in the record and to each notary that has notarized the document, get them a letter requesting evidence of authentication.
[01:12:30.480 --> 01:12:38.480]   Well, to each signatory on a document, send the company they signed for a demand for evidence of power of attorney.
[01:12:38.480 --> 01:12:44.480]   And in this way, you'll be setting them up. You're getting your ducks in a row.
[01:12:44.480 --> 01:12:53.480]   Now, I was reading about notary law today in the Missouri. The notary term is four years and it's been ten, you know.
[01:12:53.480 --> 01:13:05.480]   Well, that don't matter. That don't matter. You hope they don't provide you with evidence of the authentication.
[01:13:05.480 --> 01:13:11.480]   You don't care why. They just didn't provide it. Let them come in and argue why.
[01:13:11.480 --> 01:13:13.480]   Them who? Them, the original lender?
[01:13:13.480 --> 01:13:20.480]   The notary, yeah, the whoever filed the document.
[01:13:20.480 --> 01:13:29.480]   You're going to maintain the documents of void. And since you are the uncontested holder of the warranted deed, you can do that.
[01:13:29.480 --> 01:13:37.480]   And your filing is presumed to be valid until it is properly challenged and ruled on by a court.
[01:13:37.480 --> 01:13:48.480]   So you file it in the record. If they don't like it, let them come to court and prove that the authentication is valid.
[01:13:48.480 --> 01:13:56.480]   It's not about what you can win. It's about the politics. It's about the money.
[01:13:56.480 --> 01:14:06.480]   You start costing them a lot of money and every time you get a filing from a lawyer, you bar grieve him for the doc for the filing, even if it's a letter.
[01:14:06.480 --> 01:14:17.480]   If he's trying to feed you a bunch of nonsense, double his malpractice insurance and he'll have a conniption.
[01:14:17.480 --> 01:14:26.480]   He'll most likely quit and he'll have to hire another lawyer and he'll want more money. It's about being the pro se from hell.
[01:14:26.480 --> 01:14:28.480]   Right.
[01:14:28.480 --> 01:14:40.480]   If these guys are not offering you a deal, you just ain't kicked them hard enough yet. You're just being too sweet and nice to them.
[01:14:40.480 --> 01:14:42.480]   Right.
[01:14:42.480 --> 01:14:49.480]   Of course, none of these servicers have ever been mentioned in any of the land records in the county, you know.
[01:14:49.480 --> 01:14:51.480]   Wait, say that again.
[01:14:51.480 --> 01:15:00.480]   None of the servicers, countrywide or Bank of America or the new guys names exist anywhere in the land records.
[01:15:00.480 --> 01:15:05.480]   You might want to, okay, who is the original lender?
[01:15:05.480 --> 01:15:13.480]   The original lender was a local mortgage broker in St. Louis County who sold a month after I refied.
[01:15:13.480 --> 01:15:16.480]   Is that lender still in business?
[01:15:16.480 --> 01:15:18.480]   Yes.
[01:15:18.480 --> 01:15:21.480]   He's the guy who's on the deed.
[01:15:21.480 --> 01:15:43.480]   As far as you're concerned, he is the only one who has a claim against your property. I suggest you get someone to file, you file a warranty deed in the record transferring interest to someone else or file a deed of trust in the record.
[01:15:43.480 --> 01:15:48.480]   Wait a minute, Missouri, that's a mortgage state, right?
[01:15:48.480 --> 01:15:50.480]   No, it's a deed of trust state.
[01:15:50.480 --> 01:15:52.480]   It is a deed of trust state. Okay.
[01:15:52.480 --> 01:16:00.480]   File a deed of trust naming someone else as having a claim against the property.
[01:16:00.480 --> 01:16:06.480]   Now that doesn't affect the original lender because his claim is first.
[01:16:06.480 --> 01:16:30.480]   However, if the original lender has sold the note and deed of trust and hasn't filed notice of that and the new holder of the deed of trust has not filed notice in the record after 21 days, their claim is not perfected.
[01:16:30.480 --> 01:16:34.480]   Look under uniform commercial code.
[01:16:34.480 --> 01:16:40.480]   Oh, let me look it up. 3-203D.
[01:16:40.480 --> 01:16:42.480]   They don't have a perfected claim.
[01:16:42.480 --> 01:16:46.480]   So you file a deed of trust in there.
[01:16:46.480 --> 01:16:51.480]   And if you can get the first one thrown out, yours stands up to the front.
[01:16:51.480 --> 01:17:00.480]   Hang on, Randy Kelton, Debra Stevens, Wheel of Our Radio, or call in number 512-646-1984. We'll be right back.
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[01:19:11.480 --> 01:19:33.480]   [Music]
[01:19:33.480 --> 01:19:44.480]   Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio. We're talking to Steve in Missouri. Steve, we really need to move along. Holy mackerel, we got a lot of calls tonight. They really built up on us.
[01:19:44.480 --> 01:19:49.480]   Randy on Rule of Law.com is your email?
[01:19:49.480 --> 01:19:53.480]   Wait. Wait a minute, you were breaking up.
[01:19:53.480 --> 01:20:00.480]   Okay, confirm your email is randy@ruleoflaw.com or?
[01:20:00.480 --> 01:20:04.480]   Ruleoflawradio.com.
[01:20:04.480 --> 01:20:14.480]   And I don't want to overwhelm you, but are you, is this something you can react to in the next 28, you know, 14 days as far as sending?
[01:20:14.480 --> 01:20:24.480]   Oh, yeah. Oh, yeah. No problem. I can't tomorrow. I've got to drive down to Waco in the morning. But I'll answer it over the weekend.
[01:20:24.480 --> 01:20:30.480]   Okay. If you hadn't heard from me by Monday morning, send me another email.
[01:20:30.480 --> 01:20:36.480]   Okay, great. I'll send, I'm writing one right now and I'll include my phone number too. Thank you so much, everybody.
[01:20:36.480 --> 01:20:47.480]   In the subject line put G-O-Y-A. Get off your, you know what.
[01:20:47.480 --> 01:20:55.480]   Okay, send that to me. I'll look at it, may not in the morning, but I certainly will by Saturday.
[01:20:55.480 --> 01:20:58.480]   Fantastic. Okay, thanks everybody.
[01:20:58.480 --> 01:21:06.480]   Okay. Thank you. Thank you, Steve. Now we're going to go to Chris in Texas.
[01:21:06.480 --> 01:21:12.480]   Give me just a second, Chris. There we go. Okay.
[01:21:12.480 --> 01:21:13.480]   How's it going, Randy?
[01:21:13.480 --> 01:21:22.480]   Refreshed. You should be up. There we go. Finally got you up. Okay. You wanted to tell us why you're not in jail today.
[01:21:22.480 --> 01:21:31.480]   Oh, yeah. Because, well, I'm like any other smart man and when they put a gun to your head, you do what they say.
[01:21:31.480 --> 01:21:36.480]   And maybe they didn't proverbially pull it out and say, hey, you're going to do this.
[01:21:36.480 --> 01:21:45.480]   But shortly after I got the phone with you and went back in there, I was put into handcuffs and told by the attorney general lady,
[01:21:45.480 --> 01:21:51.480]   I could either sign this document or I was going to jail today.
[01:21:51.480 --> 01:21:55.480]   Ooh. What was the document?
[01:21:55.480 --> 01:22:08.480]   A bunch of stuff about being on probation and agreeing to a bunch of stuff I don't agree to.
[01:22:08.480 --> 01:22:17.480]   Okay. Then you should first file criminal charges against the lawyer.
[01:22:17.480 --> 01:22:23.480]   Make sure you file a bar grievance against the attorney general lawyer or maybe against the attorney general himself.
[01:22:23.480 --> 01:22:29.480]   He's responding at Superior.
[01:22:29.480 --> 01:22:34.480]   Did the judge tell you you were going to jail?
[01:22:34.480 --> 01:22:41.480]   When he first came in, then this was the first I saw of him, and they did this all without him in there.
[01:22:41.480 --> 01:22:52.480]   And then after they got me out of the cuffs again and my attorney finally came back around,
[01:22:52.480 --> 01:23:00.480]   the judge did finally come in and he said, I want to make sure that you understand something before we go on the record.
[01:23:00.480 --> 01:23:01.480]   And I said what?
[01:23:01.480 --> 01:23:08.480]   And he says that you'll go to jail today if we don't complete this.
[01:23:08.480 --> 01:23:18.480]   And I was like, but I just entered this motion for an emergency stay of proceedings and objection to these proceedings,
[01:23:18.480 --> 01:23:23.480]   and nobody's even heard, you know, you're not even like dealing with it.
[01:23:23.480 --> 01:23:30.480]   We're not dealing with that today. We have jurisdiction.
[01:23:30.480 --> 01:23:34.480]   Okay. You need to take this to the Court of Appeals.
[01:23:34.480 --> 01:23:51.480]   I'm going to make a petition for a writ of mandamus ordering this judge to rescind your signature on the document and cease any further action until there's a ruling by the Court of Appeals.
[01:23:51.480 --> 01:23:54.480]   But okay, I'm saying that kind of off the cuff.
[01:23:54.480 --> 01:24:08.480]   There's a lot going on here that I don't have yet, so I really don't have enough to understand the full context of what is going on.
[01:24:08.480 --> 01:24:09.480]   I wish I had had...
[01:24:09.480 --> 01:24:16.480]   How do we get to this point?
[01:24:16.480 --> 01:24:21.480]   Okay. I went to court this morning. They kept me down there.
[01:24:21.480 --> 01:24:29.480]   No, wait a minute. You're starting way, way down at the end of something, and I have no idea what you're talking about.
[01:24:29.480 --> 01:24:36.480]   How did you get here? Not how did you get to the court this morning, but how did you get to this situation?
[01:24:36.480 --> 01:24:45.480]   What is the context of the situation wherein they feel like they're in a position to threaten you with jail?
[01:24:45.480 --> 01:24:55.480]   Okay. Back in '04, they claimed to have gotten a default judgment against me for child support.
[01:24:55.480 --> 01:24:59.480]   And that's the one that you didn't receive notice on?
[01:24:59.480 --> 01:25:02.480]   Right. That's the one I didn't receive notice on.
[01:25:02.480 --> 01:25:16.480]   So before to July of 2012, I get served with this notice of what is it? Show cause. There's a notice, show cause.
[01:25:16.480 --> 01:25:19.480]   Show cause for what?
[01:25:19.480 --> 01:25:23.480]   Show cause why I hadn't paid child support.
[01:25:23.480 --> 01:25:25.480]   Oh, okay.
[01:25:25.480 --> 01:25:37.480]   And I filed a bill of review because there was no other remedy available because it had been so long and because of the fact that they did not service me on the original order.
[01:25:37.480 --> 01:25:44.480]   And so I've been going through this deal with the bill of review for a year now.
[01:25:44.480 --> 01:25:57.480]   And this judge in the 4D, if you've ever dealt with child support out there, you know what the 4D court is. It's where they hear motions to show cause.
[01:25:57.480 --> 01:26:03.480]   And if they determine you're going to jail, you're going to jail that day.
[01:26:03.480 --> 01:26:05.480]   So I filed a--
[01:26:05.480 --> 01:26:11.480]   Okay. And you filed a motion to dismiss for lack of proper notice?
[01:26:11.480 --> 01:26:14.480]   Well, no, I had no other--
[01:26:14.480 --> 01:26:15.480]   Did you--
[01:26:15.480 --> 01:26:21.480]   --available to me except for that bill of review.
[01:26:21.480 --> 01:26:30.480]   Wait a minute. If you file a motion to dismiss for lack of proper notice that goes to subject matter jurisdiction, you can always file that.
[01:26:30.480 --> 01:26:45.480]   Oh, okay. Well, I filed the bill of review because it was a criminal offense on the in personam jurisdiction.
[01:26:45.480 --> 01:26:47.480]   Okay. I lost you there, Chris.
[01:26:47.480 --> 01:26:58.480]   Okay. I said I filed a bill of review because it was a collateral attack on the in personam jurisdiction.
[01:26:58.480 --> 01:27:06.480]   What was--okay. What was the duty of the judge to act under law?
[01:27:06.480 --> 01:27:11.480]   Which one? The one today?
[01:27:11.480 --> 01:27:18.480]   How many judges do you have? You're confusing me. Who did you file the bill of review with?
[01:27:18.480 --> 01:27:22.480]   I filed that in the 325th District Court with Judge Wells.
[01:27:22.480 --> 01:27:29.480]   What was the duty of that judge?
[01:27:29.480 --> 01:27:33.480]   I guess I'm not understanding. What do you mean as far as the duty of that judge?
[01:27:33.480 --> 01:27:45.480]   You filed a motion. Can the judge just wipe his butt with the motion? Is there any law that says when you get this motion, it means something? What does it mean?
[01:27:45.480 --> 01:27:51.480]   Oh, well, yeah. They filed the act upon the motion and filed the even rule on it.
[01:27:51.480 --> 01:28:07.480]   Okay. What duty did a bill of review in this instance place on the judge? What was he supposed to do with it?
[01:28:07.480 --> 01:28:12.480]   Okay. You can't--you really got to understand what you're filing.
[01:28:12.480 --> 01:28:22.480]   You can't accuse the judge of not acting appropriately if you don't know what appropriate action is. We need to go back and do some research.
[01:28:22.480 --> 01:28:31.480]   And say, on this day, you filed a bill of review with this judge. This statute requires the judge to do this.
[01:28:31.480 --> 01:28:39.480]   The judge failed to do this. Failure on the part of the do--the part of the judge to do this denied me in this right.
[01:28:39.480 --> 01:28:47.480]   You see where I'm going? Wait a minute. Take a little--
[01:28:47.480 --> 01:28:49.480]   Are you still there?
[01:28:49.480 --> 01:29:04.480]   Okay. Sorry, Chris. I think you dropped and re-hooked. Okay. We got to get to some details. Have you been to a jurisdiction area?
[01:29:04.480 --> 01:29:13.480]   Yeah, I've been going to--
[01:29:13.480 --> 01:29:22.480]   Okay, Chris. I think we have lost you again. We're having a problem with Chris. I'm sorry, Chris. We're going to have to move ahead. You keep dropping off.
[01:29:22.480 --> 01:29:30.480]   Okay. I'm going to go to Richard in Texas. Hello, Richard.
[01:29:30.480 --> 01:29:35.480]   How's it going there, Randy? I just have a quick question for you.
[01:29:35.480 --> 01:29:43.480]   Okay. Oh, wait a minute. Your time is up. We're going to break. Hang on. We'll pick you up when we get back on the other side.
[01:29:43.480 --> 01:29:50.480]   Sorry about that. My clock was refreshing. I didn't see the time. This is Randy Kelton, Deborah Stevens, rule of our radio.
[01:29:50.480 --> 01:30:00.480]   Call in number 512-646-1984. We'll be right back with Richard on the other side.
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[01:33:43.480 --> 01:33:52.480]   Okay, we are back. Brandy Kelton, Deborah Stevens, Rubelaw Radio, and we're talking to Richard in Texas.
[01:33:52.480 --> 01:33:53.480]   Hey, how's it going?
[01:33:53.480 --> 01:33:55.480]   Okay, sorry about that, Richard.
[01:33:55.480 --> 01:33:57.480]   Oh, that's alright. Am I coming through?
[01:33:57.480 --> 01:34:00.480]   Okay, what do you have for us? You're coming through really good.
[01:34:00.480 --> 01:34:05.480]   Okay. Yeah, I'm trying to see if I have any course of action against TechStalk.
[01:34:05.480 --> 01:34:13.480]   I have a hundred documents that are called request work order forms. That means whenever you take your vehicle in,
[01:34:13.480 --> 01:34:20.480]   I drive a vehicle every day to TechStalk, and whenever you take it in for servicing, they produce that document.
[01:34:20.480 --> 01:34:29.480]   So I had a gentleman who was working in there, he died of cancer in 2007, but he pulled 10 years worth of documentation for me,
[01:34:29.480 --> 01:34:37.480]   proving that they had been sending me out on the road with the most -- I'll just say anything that could go wrong with a vehicle,
[01:34:37.480 --> 01:34:44.480]   things like that were going wrong with it, like the brakes were failing, doors flying open, no air conditioning,
[01:34:44.480 --> 01:34:48.480]   transmission breaking down, and I could never get the job completed.
[01:34:48.480 --> 01:34:55.480]   I bring it in, say, on Monday, and then I come back on Tuesday or Wednesday, and I have the same problem.
[01:34:55.480 --> 01:35:01.480]   And I have the hard copy of these documents proving that they were sending me out on the road in unsafe conditions.
[01:35:01.480 --> 01:35:05.480]   So I'm wondering, I have other things -- Okay. -- that I'd like. Yes, sir.
[01:35:05.480 --> 01:35:09.480]   Wait a minute. Wait a minute. Were you harmed by this?
[01:35:09.480 --> 01:35:18.480]   Well, I was in an -- I mean, were you overlooked for promotion? Did you lose pay?
[01:35:18.480 --> 01:35:24.480]   Is there some articulatable harm other than annoyance?
[01:35:24.480 --> 01:35:28.480]   Okay. Now, I was going to get into that after I explain that first part.
[01:35:28.480 --> 01:35:37.480]   I have been written up. I've been given disciplinary action for violations that other coworkers weren't disciplined for.
[01:35:37.480 --> 01:35:44.480]   Like, I actually have a document where I was disciplined for infractions that they claimed they had warned me about,
[01:35:44.480 --> 01:35:51.480]   but the kind of conditions that exist in the mail room, what they wrote me up for could not be avoided.
[01:35:51.480 --> 01:35:54.480]   It's really just one of those things where you try to keep an eye on it,
[01:35:54.480 --> 01:35:59.480]   but when you're dealing with thousands of documents and letters coming in from all kinds of different agencies,
[01:35:59.480 --> 01:36:03.480]   it's something that can't be avoided. It's called -- what I'm getting at is sorting the mail.
[01:36:03.480 --> 01:36:09.480]   I've been disciplined for not sorting the mail properly, and the stuff that they've disciplined me for,
[01:36:09.480 --> 01:36:15.480]   it really couldn't be helped because the letters that I were missing and taken to the wrong location,
[01:36:15.480 --> 01:36:18.480]   they had two or three different addresses on it.
[01:36:18.480 --> 01:36:22.480]   People were there for one month, and then they were moved to another location,
[01:36:22.480 --> 01:36:27.480]   and it was something that was impossible to cope with.
[01:36:27.480 --> 01:36:34.480]   Okay. Hold on. So far, what you're talking about are administrative issues.
[01:36:34.480 --> 01:36:37.480]   Mm-hmm. And I --
[01:36:37.480 --> 01:36:44.480]   And that would go to the administrative rules and procedures of the agency.
[01:36:44.480 --> 01:36:51.480]   Right. I've done all that with the grievances to the -- what they call facilitated mediation.
[01:36:51.480 --> 01:36:54.480]   When we have those sit-downs and try to discuss what I just discussed with you,
[01:36:54.480 --> 01:36:59.480]   it always turns into, well, just stand up and listen to what we're telling you.
[01:36:59.480 --> 01:37:03.480]   Do your job like we've told you, and that's it.
[01:37:03.480 --> 01:37:07.480]   I still got my disciplinary action that nobody else got.
[01:37:07.480 --> 01:37:10.480]   I still got the vehicles that were very dangerous.
[01:37:10.480 --> 01:37:14.480]   I was sent out into a snowstorm one time and actually had an accident
[01:37:14.480 --> 01:37:18.480]   because they wouldn't listen to me when I told them the vehicle wasn't safe.
[01:37:18.480 --> 01:37:20.480]   I was driving down the road --
[01:37:20.480 --> 01:37:24.480]   Now, that's -- were you in --
[01:37:24.480 --> 01:37:29.480]   I wasn't injured, but, you know, I was in the accident, but I was the person who I hit.
[01:37:29.480 --> 01:37:34.480]   I didn't hear anything about the accident after that, so I don't know if she was injured or not.
[01:37:34.480 --> 01:37:41.480]   But I had another incident, too, where I turned on 620.
[01:37:41.480 --> 01:37:48.480]   They were repairing the roads or they were laying down the first level of new cement,
[01:37:48.480 --> 01:37:50.480]   but it had a lot of gravel on the road.
[01:37:50.480 --> 01:37:54.480]   And I took a turn and I slid into a cone that they had there,
[01:37:54.480 --> 01:37:56.480]   and it was one of those cones that they kept moving around.
[01:37:56.480 --> 01:37:59.480]   Every time I'd go out there, I'd go out there twice a day.
[01:37:59.480 --> 01:38:03.480]   The cone would be at a different location, but that didn't affect my driving.
[01:38:03.480 --> 01:38:05.480]   What happened was the cone was out of position.
[01:38:05.480 --> 01:38:09.480]   I guess another car had hit it, and the loose gravel --
[01:38:09.480 --> 01:38:15.480]   when I took the turn, I slid into the cone, so I cracked one of the lenses of the brake light,
[01:38:15.480 --> 01:38:17.480]   and they charged me for that.
[01:38:17.480 --> 01:38:22.480]   And first of all, they charged me -- they overcharged me for maintenance and replacing the light.
[01:38:22.480 --> 01:38:25.480]   And then when I looked into that, they changed the overcharge,
[01:38:25.480 --> 01:38:28.480]   and I knew they were -- they knew that they were overcharging me,
[01:38:28.480 --> 01:38:30.480]   but that was one of the things they do.
[01:38:30.480 --> 01:38:32.480]   They just mess with me like that.
[01:38:32.480 --> 01:38:36.480]   But it has been a whole list of things, and I have it all documented.
[01:38:36.480 --> 01:38:40.480]   But it's been like a history of them sending me out with bad vehicles
[01:38:40.480 --> 01:38:43.480]   that were endangering the public and myself.
[01:38:43.480 --> 01:38:47.480]   I even have one document that says the brakes actually went to the floor.
[01:38:47.480 --> 01:38:53.480]   And then when I took it to the auto shop, the third time, the auto shop mechanic,
[01:38:53.480 --> 01:38:57.480]   the lead worker, took me to one of the big long parking lots that they have,
[01:38:57.480 --> 01:39:02.480]   and he sped up about 45 miles an hour and actually pumped air back into the brakes.
[01:39:02.480 --> 01:39:05.480]   And then he told me, "I'm sorry. This is all I can do for you.
[01:39:05.480 --> 01:39:07.480]   We don't have a replacement vehicle."
[01:39:07.480 --> 01:39:08.480]   That's a true story.
[01:39:08.480 --> 01:39:12.480]   And next stop vehicle, they actually pumped air back into the brakes.
[01:39:12.480 --> 01:39:14.480]   So every time I pulled up to a stop light or something,
[01:39:14.480 --> 01:39:17.480]   I had to start pumping the brakes to make sure I stopped on time.
[01:39:17.480 --> 01:39:24.480]   And I have that work order document along with 90-plus others.
[01:39:24.480 --> 01:39:26.480]   So it was like a history.
[01:39:26.480 --> 01:39:33.480]   Now, I rotated two vehicles, and as soon as they would give me the second vehicle,
[01:39:33.480 --> 01:39:37.480]   two or three days or four days later, that one would have a problem.
[01:39:37.480 --> 01:39:38.480]   I had to take that one in.
[01:39:38.480 --> 01:39:42.480]   And then they'd give me the original one back with the same problem.
[01:39:42.480 --> 01:39:47.480]   And this is all documented, and then I'd have to suffer through whatever was wrong with that.
[01:39:47.480 --> 01:39:53.480]   I couldn't even enter the freeway for about two months because one of the vehicles,
[01:39:53.480 --> 01:39:55.480]   it was like it had a governor on it.
[01:39:55.480 --> 01:39:57.480]   It would only go about 45 miles an hour.
[01:39:57.480 --> 01:40:01.480]   So whenever I tried to enter the freeway, cars would be running off the roads.
[01:40:01.480 --> 01:40:05.480]   They would think I'm going to merge properly and get janked feed,
[01:40:05.480 --> 01:40:11.480]   but I would end up basically stalling out on the freeway.
[01:40:11.480 --> 01:40:14.480]   So like I said, I have about 100 documents.
[01:40:14.480 --> 01:40:21.480]   I have them all numbered, and it shows it has all the dates and all the whatever was required,
[01:40:21.480 --> 01:40:25.480]   what was to be done on it, and then it shows I would be back for that same problem
[01:40:25.480 --> 01:40:28.480]   within a week or 10 days or so.
[01:40:28.480 --> 01:40:30.480]   You know, I should have been coming back sooner,
[01:40:30.480 --> 01:40:34.480]   but I would suffer it out two or three days just, you know, you know, I just get tired.
[01:40:34.480 --> 01:40:38.480]   Okay, wait a minute, wait a minute, wait a minute, hold on.
[01:40:38.480 --> 01:40:41.480]   We do due process.
[01:40:41.480 --> 01:40:47.480]   These are all work-related administrative issues, not something I can help with.
[01:40:47.480 --> 01:40:48.480]   Right.
[01:40:48.480 --> 01:40:52.480]   This all goes to TechDOT's internal stuff.
[01:40:52.480 --> 01:40:54.480]   I wouldn't know how to advise you on this.
[01:40:54.480 --> 01:40:58.480]   You might want to look at getting a lawyer.
[01:40:58.480 --> 01:41:01.480]   And since you're working for a governmental agency,
[01:41:01.480 --> 01:41:05.480]   you're under a contract that's going to give you certain rights.
[01:41:05.480 --> 01:41:13.480]   But without seeing the employment contract, I wouldn't know how to speak to those.
[01:41:13.480 --> 01:41:14.480]   Okay, now I understand that.
[01:41:14.480 --> 01:41:17.480]   So really I kind of figured you would tell me that.
[01:41:17.480 --> 01:41:23.480]   So do you know a lawyer that I can trust that I could go to because --
[01:41:23.480 --> 01:41:25.480]   Now, wait a minute.
[01:41:25.480 --> 01:41:28.480]   That was a contradiction of terms.
[01:41:28.480 --> 01:41:33.480]   Lawyer and trust, are you kidding me?
[01:41:33.480 --> 01:41:37.480]   I'm joking, of course, but no, I don't know a lawyer.
[01:41:37.480 --> 01:41:43.480]   This would take a lawyer who specializes in this area.
[01:41:43.480 --> 01:41:45.480]   Do you think it would be worth my time looking into it?
[01:41:45.480 --> 01:41:48.480]   Since I have these hard copies of these work orders,
[01:41:48.480 --> 01:41:51.480]   proving they were sending me out in dangerous conditions.
[01:41:51.480 --> 01:41:58.480]   Well, what you're going to have to do is show how you've been harmed.
[01:41:58.480 --> 01:42:07.480]   Just because they sent you out in these vehicles that were essentially dangerous is not a claim.
[01:42:07.480 --> 01:42:13.480]   Now, if you were harmed because they sent you out in these dangerous vehicles,
[01:42:13.480 --> 01:42:18.480]   now you have a claim.
[01:42:18.480 --> 01:42:28.480]   The problem with making a claim is you can't make a claim based on something that might happen in law.
[01:42:28.480 --> 01:42:36.480]   You can only make a claim based on harm that has occurred.
[01:42:36.480 --> 01:42:43.480]   So while you can see that harm is likely to occur, you can't make a claim on that.
[01:42:43.480 --> 01:42:48.480]   That's a weakness in the law.
[01:42:48.480 --> 01:42:50.480]   What about the hostile environment situation?
[01:42:50.480 --> 01:42:53.480]   Because it was a very hostile environment.
[01:42:53.480 --> 01:42:59.480]   That's strictly administrative.
[01:42:59.480 --> 01:43:05.480]   It's certainly not something we could adjudicate legally.
[01:43:05.480 --> 01:43:08.480]   So you're saying it would probably be a waste of time looking at a lawyer?
[01:43:08.480 --> 01:43:12.480]   Yeah, it probably would.
[01:43:12.480 --> 01:43:15.480]   It's always a problem with governmental agencies.
[01:43:15.480 --> 01:43:20.480]   They're always miserable to work for.
[01:43:20.480 --> 01:43:26.480]   In Texas, being a right-to-work state makes that even more difficult.
[01:43:26.480 --> 01:43:28.480]   What is that at-will situation?
[01:43:28.480 --> 01:43:32.480]   Can they retaliate if I was to try to take them action and just fire me at will?
[01:43:32.480 --> 01:43:34.480]   Would that apply here?
[01:43:34.480 --> 01:43:35.480]   Yes.
[01:43:35.480 --> 01:43:44.480]   Well, if you did a whistleblower complaint and they tried to fire you, then you'd have a claim against them.
[01:43:44.480 --> 01:43:46.480]   Okay, I really need to go.
[01:43:46.480 --> 01:43:49.480]   We've got a whole bunch of callers and only have one segment left.
[01:43:49.480 --> 01:43:53.480]   I'm sorry, I don't think I can help you with that issue.
[01:43:53.480 --> 01:43:55.480]   Okay, well, thanks for taking my call.
[01:43:55.480 --> 01:43:57.480]   Okay, thank you, Richard.
[01:43:57.480 --> 01:44:00.480]   We'll be right back.
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[01:46:01.480 --> 01:46:23.480]   [Music]
[01:46:23.480 --> 01:46:52.480]   [Music]
[01:46:52.480 --> 01:47:00.480]   Okay, we are back. Randy Kelton, Denver Stevens, Rule of Law Radio, and we're going to Mike in Texas.
[01:47:00.480 --> 01:47:05.480]   Hello, Mike. What kind of trouble have you been into lately?
[01:47:05.480 --> 01:47:13.480]   Thank you, Randy. Well, let's see. Lately, I filed an appellate brief into the Fifth Circuit.
[01:47:13.480 --> 01:47:19.480]   Let's see. The other one I had filed was premature, and so this one --
[01:47:19.480 --> 01:47:25.480]   Hold on, Mike. Are you talking on the computer, Mike?
[01:47:25.480 --> 01:47:28.480]   No, I'm talking on a cell phone.
[01:47:28.480 --> 01:47:34.480]   Oh, because I am getting a really serious delayed echo.
[01:47:34.480 --> 01:47:40.480]   Okay. Is this better? Or I can call back some other time, whatever you'd like.
[01:47:40.480 --> 01:47:50.480]   Wait a minute. Stop echoing now. You might want to hide -- put your hand over the mic so it doesn't pick up any noise bouncing off a wall or something.
[01:47:50.480 --> 01:47:53.480]   Okay. That's what I'm doing right now.
[01:47:53.480 --> 01:47:55.480]   Okay. That sounds a little better.
[01:47:55.480 --> 01:48:09.480]   Okay. Well, let's see. I filed my appeal into the Fifth and argued some interesting things. I did argue --
[01:48:09.480 --> 01:48:14.480]   Wait a minute, Mike. I have tremendous background noise.
[01:48:14.480 --> 01:48:23.480]   Okay. I'm going to walk away. I do dislike this phone, and the microphone picks up too much stuff.
[01:48:23.480 --> 01:48:32.480]   Okay. Can you call us back tomorrow night where we'll have more time? We've only got 10 minutes left tonight, and I want to spend more time with your issue.
[01:48:32.480 --> 01:48:34.480]   Could I ask one quick question, though?
[01:48:34.480 --> 01:48:35.480]   Sure. Quickly.
[01:48:35.480 --> 01:48:46.480]   Let's see. That's a slightly separate issue. I filed into the local district court for a motions hearing.
[01:48:46.480 --> 01:48:55.480]   I've been trying to get the county attorney in front of the judge here, and no one has responded.
[01:48:55.480 --> 01:49:00.480]   I put a motion for motions hearing. How can I light a fire?
[01:49:00.480 --> 01:49:04.480]   Petition for writ of mandamus to the next higher court.
[01:49:04.480 --> 01:49:06.480]   Okay.
[01:49:06.480 --> 01:49:14.480]   Yeah. If it's a district court petition -- I'm sorry. If it's a county or a district, petition to the Court of Appeals.
[01:49:14.480 --> 01:49:15.480]   Okay. This would be --
[01:49:15.480 --> 01:49:18.480]   Not criminal appeals, but Court of Appeals for writ of mandamus.
[01:49:18.480 --> 01:49:28.480]   This would be Fifth Circuit. So I'd have to go to the Fifth Circuit again and do writ of mandamus for them to intercede for your local federal.
[01:49:28.480 --> 01:49:37.480]   Yes, you can accuse him of outlawry, of denying you in your writ of petition court for redress of grievance.
[01:49:37.480 --> 01:49:41.480]   Okay. I'll give the call. I'll call back tomorrow when there's more time.
[01:49:41.480 --> 01:49:43.480]   Okay. Wonderful.
[01:49:43.480 --> 01:49:44.480]   Thank you, Mike.
[01:49:44.480 --> 01:49:46.480]   Okay.
[01:49:46.480 --> 01:49:50.480]   Okay. We're going to go to Ike in Texas.
[01:49:50.480 --> 01:49:55.480]   Hello, Ike. What do you have for us tonight?
[01:49:55.480 --> 01:49:57.480]   You doing okay?
[01:49:57.480 --> 01:49:59.480]   Yes, I'm doing okay.
[01:49:59.480 --> 01:50:09.480]   Okay. Well, I talked to you last Friday, and you told me to go down and have me -- to get arrested. I'm the guy with the tickets.
[01:50:09.480 --> 01:50:11.480]   Yeah, with the ticket.
[01:50:11.480 --> 01:50:12.480]   Yeah.
[01:50:12.480 --> 01:50:15.480]   So did you get the warrant cleared up?
[01:50:15.480 --> 01:50:20.480]   No, I haven't yet because last time I'd done that --
[01:50:20.480 --> 01:50:32.480]   Okay. Hold on, Mike. Let's kind of back up and give everybody a quick rundown of where you're at. You got a ticket for chickens?
[01:50:32.480 --> 01:50:41.480]   Yeah. What it boils down to is an animal control officer walked to my house in my backyard. I caught him back there while he was looking at my chickens.
[01:50:41.480 --> 01:50:49.480]   And I told him, I said, "You are on private property. You don't need to be here. You need to get out of here." And he told me --
[01:50:49.480 --> 01:51:06.480]   Okay. Hold on. Hold on. We don't have time to go through all of that. He called the police. You threw him off the property. He called the police, wrote you a ticket, dropped the ticket in front of you. You didn't -- you wouldn't take it. You didn't sign it. He dropped it. They went back.
[01:51:06.480 --> 01:51:07.480]   Right.
[01:51:07.480 --> 01:51:13.480]   You didn't show up in court because you didn't sign a promise to appear. And he got a warrant issued.
[01:51:13.480 --> 01:51:14.480]   Yes.
[01:51:14.480 --> 01:51:28.480]   And what the suggestion was last week was that since he didn't have a signed promise to appear, then the warrant was fraudulent. So what did you do about the fraudulent warrant?
[01:51:28.480 --> 01:51:56.480]   So what I did, I sent a third party down and I had Larry -- he sent me a request for over record request. And it says I wanted the actual complaint and pertaining to the actual citation. And they accepted that. I signed my name to everything, that this is what I wanted. This is the third party that went down there.
[01:51:56.480 --> 01:52:18.480]   Okay. Okay. Hold on. Understand this was not an information request under 552 Government Code because these are court records. Court records fall under 1.29 Texas Code of Criminal Procedure.
[01:52:18.480 --> 01:52:19.480]   Okay.
[01:52:19.480 --> 01:52:24.480]   Now, there's a special statute. Got a pen? Write this down.
[01:52:24.480 --> 01:52:36.480]   In the matter of a JP court, JP and municipal courts are both governed by the rules governed by the JP court.
[01:52:36.480 --> 01:52:49.480]   So in a JP court under Texas Government Code -- I lost it. I'll get it back here in a minute.
[01:52:49.480 --> 01:53:16.480]   It's 21003 but it'll come to me in a second for sure because I use it all the time. In the matter of a justice or municipal court, unlike a county or district court who can ask -- insist on a written request and take up to 10 days to apply, 27004 Government Code. That's it.
[01:53:16.480 --> 01:53:32.480]   Under 27.004 Government Code, a justice court and municipal court is required to keep their records open for public inspection by all interested parties at all reasonable times.
[01:53:32.480 --> 01:53:42.480]   Interested parties is defined by the attorney general as all members of the public reasonable times, normal business hours. They don't get 10 days, don't get 10 minutes.
[01:53:42.480 --> 01:53:55.480]   When he asked for those records, you're required to produce them immediately. I recently asked the bailiff to arrest the justice of the peace because she didn't give me access to records immediately.
[01:53:55.480 --> 01:54:02.480]   So your guy went down there and he put in the request. And how long ago was that?
[01:54:02.480 --> 01:54:10.480]   This was yesterday. And it was -- they told her that it would be 10 days.
[01:54:10.480 --> 01:54:27.480]   Okay. You need to file a complaint against them for breaching -- for violating a law relating to their office, specifically 27004 Government Code by not producing the documents immediately.
[01:54:27.480 --> 01:54:45.480]   Say, you guys want to dance? Welcome to the deep end of the pool. When you file a complaint against them under 27004 Government Code, they're going to start scratching their head and saying, what in the heck is that?
[01:54:45.480 --> 01:54:48.480]   No one will have ever heard of it.
[01:54:48.480 --> 01:54:52.480]   And that will terrify these guys.
[01:54:52.480 --> 01:55:00.480]   She asked this. She said, I want this notarized. I have come down here and presented this to you.
[01:55:00.480 --> 01:55:11.480]   The lady, the clerk went back and told the judge that the judge come out and started questioning her, questioning her on everything about that.
[01:55:11.480 --> 01:55:26.480]   Oh, wonderful. Under the Open Records Act. And this part will apply to the records that are made open by other provisions.
[01:55:26.480 --> 01:55:40.480]   The only inquiry the custodian of the record may make of the requester is to determine his identity and the record's thought.
[01:55:40.480 --> 01:55:44.480]   So charge the judge with official oppression.
[01:55:44.480 --> 01:55:50.480]   Okay, because the judge really grilled her on this. Really.
[01:55:50.480 --> 01:55:58.480]   The judge asked me about two questions. I called the bait off over and asked him to arrest the judge.
[01:55:58.480 --> 01:56:09.480]   So now you need to prepare a criminal complaint against the judge for official oppression, 39.03 Penal Code.
[01:56:09.480 --> 01:56:11.480]   Okay.
[01:56:11.480 --> 01:56:19.480]   In that, the judge exerted or purported to exert an authority he does not expressly have.
[01:56:19.480 --> 01:56:29.480]   And in so doing denied this person in the full free access to re-enjoinment of a right at Nascar Class A misdemeanor in Texas.
[01:56:29.480 --> 01:56:40.480]   All right. Today I received a letter from the Texas Department of Public Safety that told me that they will not renew my license.
[01:56:40.480 --> 01:56:44.480]   I have been denied that they will not renew my license.
[01:56:44.480 --> 01:56:52.480]   It says acting under the contract with the Texas Department of Public Safety OmniBase, whoever that is.
[01:56:52.480 --> 01:57:00.480]   Wait a minute. I'm getting a tremendous amount of background noise and I'm having a lot of trouble hearing you.
[01:57:00.480 --> 01:57:08.480]   Okay. It says I received a letter today from the Texas Department of Public Safety.
[01:57:08.480 --> 01:57:14.480]   It says a notice of denial renewal of Texas driver's license.
[01:57:14.480 --> 01:57:23.480]   And this is from OmniBase. They received a report that you have been cited for an offense under the
[01:57:23.480 --> 01:57:37.480]   "judge of the court listed below and have subsequently violated a promise to appear in court and fail to pay or satisfy judgment."
[01:57:37.480 --> 01:57:39.480]   Oh, wonderful.
[01:57:39.480 --> 01:57:49.480]   Okay. Now you put in a request. Now this is administrative so it falls under the Open Records Act.
[01:57:49.480 --> 01:58:04.480]   You want to see the communication that was made to the Department of Transportation notifying them that you had breached a promise to appear.
[01:58:04.480 --> 01:58:06.480]   Okay.
[01:58:06.480 --> 01:58:08.480]   You want to know who sent it?
[01:58:08.480 --> 01:58:09.480]   Yes.
[01:58:09.480 --> 01:58:17.480]   Then you want to see evidence of the promise to appear.
[01:58:17.480 --> 01:58:22.480]   Oh, this gets better.
[01:58:22.480 --> 01:58:26.480]   You're setting them up to send them a tort letter.
[01:58:26.480 --> 01:58:32.480]   The fact that the DOT told you, is your license ready for renewal?
[01:58:32.480 --> 01:58:37.480]   Well, two years, but the thing is if I don't have a license before I work in, I'm fired.
[01:58:37.480 --> 01:58:50.480]   Oh, okay. Perfect. Now they put your job in jeopardy. Now you can claim harm.
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