[00:00.000 --> 00:08.000]  The following news flash is brought to you by the Lone Star Lowdown, providing your daily
[00:08.000 --> 00:10.000]  bulletins for the commodities market.
[00:10.000 --> 00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.000 --> 00:28.000]  Markets for the 21st of May 2015, gold opened up at $1,204.09.
[00:28.000 --> 00:30.000]  Silver, $17.12 now.
[00:30.000 --> 00:33.000]  Texas crude, $58.98 a barrel.
[00:33.000 --> 00:42.000]  And Bitcoin is currently sitting at about 236 U.S. currency.
[00:42.000 --> 00:47.000]  Today in history, Saturday, May 21st, 1932, Amelia Earhart lands in the field, completing
[00:47.000 --> 00:50.000]  the first transatlantic solo flight by a woman.
[00:50.000 --> 00:53.000]  She set off the day before from Harbor Grace, Newfoundland, Canada.
[00:53.000 --> 00:58.000]  She was initially aiming for Paris in her single-engine Lockheed Vega 5B, but after
[00:58.000 --> 01:03.000]  encountering storms and a burnt exhaust pipe, she ended up landing in a pasture at Coolmore
[01:03.000 --> 01:12.000]  in Northern Ireland, ending her 14-hour, 56-minute flight.
[01:12.000 --> 01:16.000]  In recent news, Michael C. Ford, a State Department employee who has worked out of the U.S.
[01:16.000 --> 01:21.000]  Embassy in London since 2009, was arrested at Hartsfield, Jackson, Atlanta International
[01:21.000 --> 01:25.000]  Airport this past Sunday and appeared in a federal court today for apparently using
[01:25.000 --> 01:30.000]  government computers to extort college-age women into gathering sexually explicit material
[01:30.000 --> 01:31.000]  for him.
[01:31.000 --> 01:38.000]  He's also being charged with computer hacking and cyberstalking.
[01:38.000 --> 01:42.000]  Clean-up crews have been hard at work picking up patches of crude petroleum off the beach
[01:42.000 --> 01:47.000]  and offshore waters from a pipeline that ruptured spewing as much as 2,500 barrels into San
[01:47.000 --> 01:51.000]  Refugio State Beach and into the Pacific Ocean, west of Santa Barbara.
[01:51.000 --> 01:55.000]  This mess was caused when an underground pipeline running parallel to the coastal highway burst
[01:55.000 --> 01:57.000]  on Tuesday for no apparent reason.
[01:57.000 --> 02:02.000]  If estimates are correct, this makes it the biggest spill since the 1969 offshore oil well
[02:02.000 --> 02:07.000]  blowout that dumped 80,000 to 100,000 barrels of crude petroleum into the Santa Barbara
[02:07.000 --> 02:13.000]  Channel.
[02:13.000 --> 02:17.000]  Last night, 13 trillion electron bolts were created at the four collision points spaced
[02:17.000 --> 02:20.000]  around the Large Hydrogen Collider's tunnel.
[02:20.000 --> 02:24.000]  The collider has been through a planned two-year refurbishing after its first run in 2012,
[02:24.000 --> 02:26.000]  which only produced eight trillion electron bolts.
[02:26.000 --> 02:31.000]  In early April, after a slight delay, twin proton beams circulated the collider's seven-kilometer
[02:31.000 --> 02:35.000]  ring 30 stories below the Swiss-French border for the first time in two years.
[02:35.000 --> 02:37.000]  The first collisions began in early May.
[02:37.000 --> 02:41.000]  However, yesterday's collisions are treading into never-before-reached levels of energy,
[02:41.000 --> 02:43.000]  in effect setting a new energy record.
[02:43.000 --> 02:46.000]  The Lone Star Lowdown is currently looking for sponsors.
[02:46.000 --> 02:49.000]  They give a product or a service that you would like to advertise in the Lowdown.
[02:49.000 --> 02:53.000]  Feel free to give us a call at 210-863-5617.
[02:53.000 --> 03:12.000]  This has been your Lowdown for May 21, 2015.
[03:23.000 --> 03:50.000]  Thank you very much.
[03:50.000 --> 04:14.000]  Thank you very much.
[04:20.000 --> 04:21.000]  Okay.
[04:21.000 --> 04:22.000]  Howdy, howdy.
[04:22.000 --> 04:35.000]  This is Randy Kelton, Debra Stevens, U of R radio on this Thursday, the 21st day of
[04:35.000 --> 04:36.000]  May.
[04:36.000 --> 04:41.000]  I should make this the first day of summer, 2015.
[04:41.000 --> 04:49.000]  And we're up here in Balmy, North Texas, where it never rains, never gets cold, never gets
[04:49.000 --> 04:52.000]  hot, and it never snows.
[04:52.000 --> 04:55.000]  We don't care what those Yankees say about us.
[04:55.000 --> 05:02.000]  Anyway, I am northwest of Texas, northwest of Fort Worth, and a couple days ago we spent
[05:02.000 --> 05:08.000]  about a half hour in the storm cellar, but that was just for entertainment.
[05:08.000 --> 05:14.000]  Apparently we had at least one tornado that had we been out of the storm cellar, we could
[05:14.000 --> 05:16.000]  have seen it.
[05:16.000 --> 05:17.000]  So we dodged that bullet.
[05:17.000 --> 05:20.000]  We've got record rains.
[05:20.000 --> 05:24.000]  At least for the time being, our drought is past.
[05:24.000 --> 05:29.000]  I do have a caller that will be calling in about his subject.
[05:29.000 --> 05:39.000]  I received an email saying that I had screwed up and misstated the fact in the law about
[05:39.000 --> 05:40.000]  an issue.
[05:40.000 --> 05:43.000]  And when he calls in, we'll go to that.
[05:43.000 --> 05:53.000]  And we've got some nice case law on this goes to Texas Government Code 192.007, and Steve
[05:53.000 --> 05:57.000]  Skidmore has talked about that somewhat.
[05:57.000 --> 06:02.000]  And this is an interesting subject, and it's why I wanted to call her to call in.
[06:02.000 --> 06:10.000]  And just for everybody else's edification, he sent me this email to notify me that I
[06:10.000 --> 06:15.000]  had misstated something on the air and was slightly apologetic because she didn't want
[06:15.000 --> 06:18.000]  to hurt my feelings or anything.
[06:18.000 --> 06:26.000]  I assured him, as I would like to assure all of you, if at any time I misstate something
[06:26.000 --> 06:32.000]  on the air, because it is entirely possible that I could do that, I am not perfect.
[06:32.000 --> 06:36.000]  If you ask my wife, she will concur.
[06:36.000 --> 06:40.000]  And I don't want to be thought of as some kind of know-it-all guru.
[06:40.000 --> 06:41.000]  I'm not.
[06:41.000 --> 06:47.000]  I just have some experience in certain areas, and I have very little in other areas.
[06:47.000 --> 06:54.000]  So if you ever find me stating something that you have reason to believe is incorrect, please
[06:54.000 --> 06:59.000]  do not be shy about calling me and letting me know.
[06:59.000 --> 07:03.000]  I've had a couple of people concerned about correcting me on the air.
[07:03.000 --> 07:08.000]  Do not be concerned about correcting me on the air.
[07:08.000 --> 07:16.000]  I once went into a hearing and quoted case law, and the prosecuting attorney for Wise
[07:16.000 --> 07:22.000]  County crammed that case law right out of my throat because I hadn't done my homework
[07:22.000 --> 07:25.000]  and the case law had been overturned.
[07:25.000 --> 07:29.000]  And that really sucked.
[07:29.000 --> 07:34.000]  So I would rather be corrected here than in court.
[07:34.000 --> 07:38.000]  And the last thing I want to do is give out bad information.
[07:38.000 --> 07:41.000]  With that said, we'll be waiting for that caller.
[07:41.000 --> 07:46.000]  We do have a caller on the line, Terry from Missouri.
[07:46.000 --> 07:49.000]  And I just screwed something up.
[07:49.000 --> 07:50.000]  There we go.
[07:50.000 --> 07:52.000]  I lost my caller page there for a moment.
[07:52.000 --> 07:53.000]  Okay.
[07:53.000 --> 07:55.000]  We're going to go to Terry in Missouri.
[07:55.000 --> 07:58.000]  Terry, what do you have for us today?
[07:58.000 --> 08:02.000]  Yes, good evening, Randy, and thanks for letting me on your show again.
[08:02.000 --> 08:06.000]  Oh, just for the record, I got your emails.
[08:06.000 --> 08:11.000]  And is it true they threw you out of court?
[08:11.000 --> 08:16.000]  I thought I was the only one that the judges did that to.
[08:16.000 --> 08:19.000]  Well, they didn't throw me out of court.
[08:19.000 --> 08:23.000]  But at this point, the judges denied every motion.
[08:23.000 --> 08:28.000]  He's ignored everything this attorney has done in terms of all the rule violations.
[08:28.000 --> 08:36.000]  The falsified affidavit is definitely very material and very relevant to my case
[08:36.000 --> 08:43.000]  because it's made a determination that the judges relied on to basically dismiss all of my motions,
[08:43.000 --> 08:48.000]  including the 22-page motions for sanctions.
[08:48.000 --> 08:51.000]  And as you know, that's subordination to perjury.
[08:51.000 --> 08:57.000]  He's gone along with it, and he's, in my opinion, he's shielding them.
[08:57.000 --> 09:03.000]  And the order, the only two things I feel like I've got left to do
[09:03.000 --> 09:09.000]  is to put a motion before the court to strike his order for lack of sufficient evidence.
[09:09.000 --> 09:10.000]  Hold on.
[09:10.000 --> 09:13.000]  Will you back up and don't read the whole order,
[09:13.000 --> 09:19.000]  but walk through the determinations the court made on each of these.
[09:19.000 --> 09:28.000]  Orders of the court of this nature are the most informative documents that we can ever get a hold of.
[09:28.000 --> 09:31.000]  I mentioned earlier about somebody going to call on correct me.
[09:31.000 --> 09:32.000]  I did some research.
[09:32.000 --> 09:39.000]  And in reading the opinions of the courts, they were extremely informative.
[09:39.000 --> 09:44.000]  So tell us what the court is trying to teach you.
[09:44.000 --> 09:47.000]  I mean, here I'm taking a lesson from Harmon Tager.
[09:47.000 --> 09:53.000]  Harmon Tager always construes a ruling by the court as teaching by the court.
[09:53.000 --> 09:55.000]  They're trying to teach us something.
[09:55.000 --> 09:58.000]  And tell us what we screwed up.
[09:58.000 --> 10:01.000]  What did the court tell you?
[10:01.000 --> 10:05.000]  Well, he actually dismissed one of their documents.
[10:05.000 --> 10:08.000]  It was a 41B dismissal.
[10:08.000 --> 10:11.000]  That was the only thing he dismissed against the court.
[10:11.000 --> 10:12.000]  Wait a minute.
[10:12.000 --> 10:14.000]  That is confusing.
[10:14.000 --> 10:17.000]  Start us at the beginning.
[10:17.000 --> 10:20.000]  Give us referential index.
[10:20.000 --> 10:29.000]  Give us what he kind of started at the beginning so we have a way of understanding what you're talking about.
[10:29.000 --> 10:30.000]  Okay.
[10:30.000 --> 10:39.000]  In the very beginning, the first two complaints that I had filed with the court,
[10:39.000 --> 10:42.000]  they were dismissed for procedural rule.
[10:42.000 --> 10:43.000]  Okay, hold on.
[10:43.000 --> 10:48.000]  The first two, would that be original petition and first amended petition?
[10:48.000 --> 10:49.000]  Yes, sir.
[10:49.000 --> 10:50.000]  Okay.
[10:50.000 --> 10:52.000]  So we're on a second amended petition?
[10:52.000 --> 10:54.000]  And that one made it.
[10:54.000 --> 10:55.000]  Yes, sir.
[10:55.000 --> 10:57.000]  Okay, good, good.
[10:57.000 --> 11:00.000]  So now we have an order on a second amended petition.
[11:00.000 --> 11:04.000]  What were the issues?
[11:04.000 --> 11:12.000]  I take it this was a ruling on a motion to dismiss.
[11:12.000 --> 11:17.000]  Was it rule 12B6 or otherwise motion to dismiss?
[11:17.000 --> 11:28.000]  No, it was just an otherwise motion to dismiss after an oral argument in which I was denied to make an opening statement, Brandy.
[11:28.000 --> 11:31.000]  Okay.
[11:31.000 --> 11:34.000]  That's not helpful either.
[11:34.000 --> 11:42.000]  First, let's get an idea of what went on.
[11:42.000 --> 11:45.000]  Give me what went on in the order.
[11:45.000 --> 11:54.000]  What were the issues in the order and how did you rule on them?
[11:54.000 --> 12:03.000]  He said in his motion for dismissal, he's saying that I don't have a claim under one section.
[12:03.000 --> 12:09.000]  He's also stating under there under another section of fair credit that they...
[12:09.000 --> 12:10.000]  Okay, wait a minute.
[12:10.000 --> 12:12.000]  You're being cryptic.
[12:12.000 --> 12:15.000]  What section?
[12:15.000 --> 12:17.000]  Give us an idea of what's going on.
[12:17.000 --> 12:20.000]  Just saying one section is not helpful.
[12:20.000 --> 12:33.000]  Okay, under section 623A, I may actually have made a mistake and cited that as irrelevant.
[12:33.000 --> 12:35.000]  Okay, hold on.
[12:35.000 --> 12:41.000]  You're talking about 15 U.S. Codes 623A?
[12:41.000 --> 12:43.000]  Yes, sir.
[12:43.000 --> 12:45.000]  Wait a minute.
[12:45.000 --> 12:47.000]  Give me the full citation.
[12:47.000 --> 12:55.000]  Okay, 15 U.S.C., section 1681S through 2A.
[12:55.000 --> 13:01.000]  Okay, section 1682?
[13:01.000 --> 13:05.000]  1681S through 2, parenthesis, lowercase a.
[13:05.000 --> 13:07.000]  Wait a minute.
[13:07.000 --> 13:08.000]  I'm still not getting that.
[13:08.000 --> 13:14.000]  15 U.S.C., 1682?
[13:14.000 --> 13:24.000]  1681, lowercase S through 2, lowercase parenthesis a.
[13:24.000 --> 13:28.000]  Okay, 1682A to A?
[13:28.000 --> 13:31.000]  S through 2A.
[13:31.000 --> 13:32.000]  S through 2.
[13:32.000 --> 13:36.000]  I'm having trouble understanding you.
[13:36.000 --> 13:39.000]  Can you move the mic a little further from your mouth?
[13:39.000 --> 13:41.000]  Okay, is that a little better?
[13:41.000 --> 13:43.000]  Yeah, that's a little better.
[13:43.000 --> 13:46.000]  Okay.
[13:46.000 --> 13:51.000]  Okay, you started out by saying 623A.
[13:51.000 --> 13:57.000]  That's one of the duty sections under that particular section.
[13:57.000 --> 13:58.000]  This is not making sense.
[13:58.000 --> 14:02.000]  1681.
[14:02.000 --> 14:09.000]  How do you get to 623A under 15 U.S. Codes 1681?
[14:09.000 --> 14:19.000]  Well, it's in a list of duty sections that fall under that category, Brandy.
[14:19.000 --> 14:21.000]  Yeah, I'm not sure what I'm missing.
[14:21.000 --> 14:23.000]  A list of what kind of sections?
[14:23.000 --> 14:25.000]  Duty sections.
[14:25.000 --> 14:26.000]  Duty section.
[14:26.000 --> 14:29.000]  What does a duty section mean?
[14:29.000 --> 14:40.000]  It prescribes them how many addresses, how many names that they can place in a credit report.
[14:40.000 --> 14:42.000]  Okay, I guess I would have to pull up the code.
[14:42.000 --> 14:44.000]  This is not making sense to me.
[14:44.000 --> 14:45.000]  Okay, go ahead.
[14:45.000 --> 14:48.000]  I will try to catch up as we go along.
[14:48.000 --> 14:53.000]  Well, I may have cited the wrong section,
[14:53.000 --> 15:00.000]  and that may fall under only what the government can sue them under instead of me.
[15:00.000 --> 15:16.000]  The other issue that the judge is relying on is he saying that they had investigated the dispute properly,
[15:16.000 --> 15:19.000]  and that's not true.
[15:19.000 --> 15:22.000]  I disagree completely.
[15:22.000 --> 15:30.000]  Okay, he claims he investigated his dispute properly?
[15:30.000 --> 15:38.000]  Yeah, he's agreeing with the defendants that they properly disputed the account.
[15:38.000 --> 15:42.000]  I'm sorry, that they investigated properly.
[15:42.000 --> 15:43.000]  Okay.
[15:43.000 --> 15:44.000]  Sorry.
[15:44.000 --> 15:53.000]  Okay, he is the lawyer, and he's claiming that as the lawyer, before he brought this claim,
[15:53.000 --> 15:58.000]  that he properly investigated the claims.
[15:58.000 --> 15:59.000]  Yes.
[15:59.000 --> 16:02.000]  Did you raise a claim that he did not?
[16:02.000 --> 16:05.000]  Yes, I did.
[16:05.000 --> 16:11.000]  Okay, what was the nature of the claim that he did not?
[16:11.000 --> 16:15.000]  That I don't know if I quite understand, Randy.
[16:15.000 --> 16:18.000]  Well, just saying that he didn't investigate the claims,
[16:18.000 --> 16:31.000]  you would have to allege some misstatement of fact or law on part of the lawyer.
[16:31.000 --> 16:40.000]  What claim of a misstatement of law or fact did you make in support of your claim?
[16:40.000 --> 16:42.000]  Hang on, we're about to go to break.
[16:42.000 --> 16:48.000]  Randy Kelton, Deborah Stevens, Rule of Law Radio, our call in number 512-646-1984.
[16:48.000 --> 17:00.000]  We'll be right back.
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[19:02.000 --> 19:05.000]  You are listening to the Logos Radio Network,
[19:05.000 --> 19:08.000]  logosradio.com.
[19:08.000 --> 19:13.000]  Look what we've got. We are the Christians.
[19:13.000 --> 19:18.000]  Don't know what they're hiding. Don't have answers.
[19:18.000 --> 19:23.000]  We're not fighting. We are the Christians.
[19:23.000 --> 19:26.000]  We are the Christians.
[19:26.000 --> 19:29.000]  We are the Christians.
[19:29.000 --> 19:32.000]  We are the Christians.
[19:32.000 --> 19:35.000]  We are the Christians.
[19:35.000 --> 19:38.000]  We are the Christians.
[19:38.000 --> 19:40.000]  Look what we've got.
[19:40.000 --> 19:43.000]  Don't have answers.
[19:46.000 --> 19:48.000]  Okay, we are back.
[19:48.000 --> 19:51.000]  Randy Kelton, Deborah Stevens, Rule of Law Radio,
[19:51.000 --> 19:54.000]  and I got an email on the break.
[19:54.000 --> 19:57.000]  He kind of clarified something for me.
[19:57.000 --> 20:00.000]  The citation you were making,
[20:00.000 --> 20:05.000]  let me make sure that I have this correct.
[20:05.000 --> 20:10.000]  You were citing 15 U.S. Code 1682S,
[20:10.000 --> 20:16.000]  I'm sorry, 1681S, Section 2A.
[20:16.000 --> 20:18.000]  Is that correct?
[20:18.000 --> 20:20.000]  Yes, Randy.
[20:20.000 --> 20:26.000]  Okay, I was missing this 1682S.
[20:26.000 --> 20:30.000]  Okay, and this section is titled
[20:30.000 --> 20:33.000]  Responsibilities of Furniture,
[20:33.000 --> 20:38.000]  Furnishers of Information to Consumer Reporting Agencies.
[20:38.000 --> 20:39.000]  Correct.
[20:39.000 --> 20:44.000]  So how did you state a claim that fell under
[20:44.000 --> 20:50.000]  1682A, reporting information with actual knowledge of errors.
[20:50.000 --> 20:56.000]  The person shall not furnish any information relating to a customer,
[20:56.000 --> 21:00.000]  to any consumer reporting agency if the person knows
[21:00.000 --> 21:06.000]  or has reasonable cause to believe that the information is inaccurate.
[21:06.000 --> 21:11.000]  So was it your accusation that the defendant,
[21:11.000 --> 21:14.000]  were you the plaintiff or the defendant?
[21:14.000 --> 21:16.000]  I'm the plaintiff.
[21:16.000 --> 21:22.000]  Okay, was it your allegation that the defendant
[21:22.000 --> 21:27.000]  placed something on a credit report that was untrue,
[21:27.000 --> 21:31.000]  that he had reason to believe it was untrue,
[21:31.000 --> 21:33.000]  and placed it there anyway?
[21:33.000 --> 21:37.000]  Yes, sir.
[21:37.000 --> 21:41.000]  Were you able to establish that the information was untrue?
[21:41.000 --> 21:45.000]  Yes, sir.
[21:45.000 --> 21:49.000]  Were you able to establish that the other person
[21:49.000 --> 21:52.000]  knew or should have known it was untrue?
[21:52.000 --> 21:58.000]  Yes, after I finally got the cardholder agreement through the discovery,
[21:58.000 --> 22:02.000]  that proved my claim.
[22:02.000 --> 22:04.000]  So, and they dismissed anyway.
[22:04.000 --> 22:07.000]  Oh, cool.
[22:07.000 --> 22:12.000]  Okay, what's your purpose in the trial court?
[22:12.000 --> 22:15.000]  My purpose was to go to trial.
[22:15.000 --> 22:18.000]  No.
[22:18.000 --> 22:22.000]  You only have one purpose in the trial court.
[22:22.000 --> 22:25.000]  You always have to keep this part in front of you.
[22:25.000 --> 22:31.000]  Your only purpose in the trial court is to set the record for appeal.
[22:31.000 --> 22:32.000]  Yes, sir.
[22:32.000 --> 22:39.000]  I'm sorry, you're correct, and I've, for the most part, I have accomplished that.
[22:39.000 --> 22:49.000]  Okay, the reason I brought that up the way I did is you're obviously frustrated
[22:49.000 --> 22:56.000]  with this ruling, and if we're not accustomed to these fights,
[22:56.000 --> 22:59.000]  we make this error.
[22:59.000 --> 23:02.000]  And the other side hopes we make this error.
[23:02.000 --> 23:10.000]  We make the error of taking a dismissal or a denial on the part of the judge too serious.
[23:10.000 --> 23:15.000]  And if we're not careful, what we're doing becomes about the fight
[23:15.000 --> 23:20.000]  and not about the prize.
[23:20.000 --> 23:25.000]  I had someone on last Friday night, and that's something we talked about.
[23:25.000 --> 23:31.000]  I kept asking him, what is your intended outcome?
[23:31.000 --> 23:37.000]  Decide what it is, define it, specify it, write it down.
[23:37.000 --> 23:41.000]  Always keep clearly in mind exactly where you're going.
[23:41.000 --> 23:48.000]  Now, will the next thing you're doing lead you toward or away from your ultimate outcome?
[23:48.000 --> 23:55.000]  Will the ruling of this court in this particular instance lead you toward
[23:55.000 --> 23:59.000]  or away from your ultimate outcome?
[23:59.000 --> 24:06.000]  At this point, it's led me away, but I have set and established the record for appeal.
[24:06.000 --> 24:07.000]  Okay, good.
[24:07.000 --> 24:09.000]  This is how we keep in perspective.
[24:09.000 --> 24:13.000]  The other side would love to get you to lose perspective.
[24:13.000 --> 24:15.000]  You set the record for appeal.
[24:15.000 --> 24:18.000]  We don't even worry about it from there.
[24:18.000 --> 24:19.000]  Okay.
[24:19.000 --> 24:20.000]  So you set the record.
[24:20.000 --> 24:22.000]  You've got all the law before the court.
[24:22.000 --> 24:24.000]  We take this to the court of appeals.
[24:24.000 --> 24:30.000]  Trial court, they can pretty well do what they want to because they don't change the law at all.
[24:30.000 --> 24:35.000]  Court of appeals, on the other hand, when they render a ruling,
[24:35.000 --> 24:40.000]  every shyster lawyer out there can grab that ruling and run with it.
[24:40.000 --> 24:42.000]  So they have to be more careful.
[24:42.000 --> 24:51.000]  So where we can expect to win the case is in the appeals court and not the court at bar.
[24:51.000 --> 24:58.000]  We must assume that the judge in the case has been bought and paid for.
[24:58.000 --> 25:01.000]  That I agree, Randy.
[25:01.000 --> 25:02.000]  Okay.
[25:02.000 --> 25:04.000]  Now maybe he has it.
[25:04.000 --> 25:09.000]  Maybe he really is an honest judge and maybe he is following the letter of the law
[25:09.000 --> 25:12.000]  and we just don't understand the law that he's following.
[25:12.000 --> 25:22.000]  But it behooves us to conduct ourselves as if he is going to rule against us out of hand at every turn.
[25:22.000 --> 25:29.000]  And we must shield ourselves from allowing that to disappoint us.
[25:29.000 --> 25:32.000]  It should not disappoint us.
[25:32.000 --> 25:34.000]  It should be what we expect.
[25:34.000 --> 25:40.000]  And if he doesn't rule against you, then that would be a pleasant surprise.
[25:40.000 --> 25:44.000]  But if he rules against you, he's doing exactly what he says.
[25:44.000 --> 25:54.000]  And this goes back to my often repeated saying that you never ask a public official to do what you actually want him to do.
[25:54.000 --> 25:59.000]  Because you never ask a public official to do anything that is not required to do.
[25:59.000 --> 26:01.000]  So you lay the facts of the law down before the court.
[26:01.000 --> 26:06.000]  The court has a duty to determine the facts in accordance with the rules of evidence.
[26:06.000 --> 26:14.000]  Apply the laws that comes to him to the facts in the case.
[26:14.000 --> 26:16.000]  That's what his job is.
[26:16.000 --> 26:20.000]  So you lay the facts in the law down in front of him.
[26:20.000 --> 26:27.000]  You notice him of the decision that he should come to based on these facts and law.
[26:27.000 --> 26:33.000]  When he fails to come to this conclusion, you go back and ask for points and authorities.
[26:33.000 --> 26:43.000]  You ask him on what facts did you base this determination and what law did you apply to those facts.
[26:43.000 --> 26:56.000]  That you need for your appeal because if you don't know that, you have no way of claiming that his ruling was in error.
[26:56.000 --> 27:00.000]  So in the trial court, this should just be mechanical.
[27:00.000 --> 27:03.000]  You file the facts and the law.
[27:03.000 --> 27:05.000]  He rules against you.
[27:05.000 --> 27:12.000]  You file a motion for either clarification or a motion, a request for points and authorities.
[27:12.000 --> 27:14.000]  And then just go on.
[27:14.000 --> 27:17.000]  We go to the next one.
[27:17.000 --> 27:18.000]  Does that make sense?
[27:18.000 --> 27:21.000]  Okay.
[27:21.000 --> 27:23.000]  One other quick question, Rain.
[27:23.000 --> 27:25.000]  Over there, Terry.
[27:25.000 --> 27:28.000]  Let me go.
[27:28.000 --> 27:30.000]  Hello, Terry.
[27:30.000 --> 27:32.000]  Yes.
[27:32.000 --> 27:36.000]  Seems like we may be having some technical difficulty with Terry.
[27:36.000 --> 27:38.000]  We've lost voice.
[27:38.000 --> 27:42.000]  Terry, can you call back in?
[27:42.000 --> 27:43.000]  Okay.
[27:43.000 --> 27:45.000]  We're going to go to James in Texas.
[27:45.000 --> 27:47.000]  Hello, James.
[27:47.000 --> 27:51.000]  Hello, Randy.
[27:51.000 --> 27:55.000]  I don't hear James either, so it could be me.
[27:55.000 --> 27:57.000]  I said hello.
[27:57.000 --> 28:03.000]  I don't know if I'm doing some checking.
[28:03.000 --> 28:09.000]  My system says I'm on the air, but I hear nothing.
[28:09.000 --> 28:10.000]  Okay.
[28:10.000 --> 28:11.000]  Got a little noise in the background.
[28:11.000 --> 28:14.000]  I am not sure if I'm on the air or not.
[28:14.000 --> 28:23.000]  Give me just a second to give a note to my producers.
[28:23.000 --> 28:27.000]  My keyboard does not spell very well.
[28:27.000 --> 28:28.000]  Okay.
[28:28.000 --> 28:34.000]  They tell me I'm on the air, so it must be something wrong with the callers or the sound.
[28:34.000 --> 28:36.000]  It looks like Terry dropped off.
[28:36.000 --> 28:39.000]  So, James, can you hear me?
[28:39.000 --> 28:40.000]  I hear you.
[28:40.000 --> 28:41.000]  Okay.
[28:41.000 --> 28:43.000]  I'm not getting sound.
[28:43.000 --> 28:49.000]  So we'll wait for the producers to see if they can get that certain doubt.
[28:49.000 --> 29:03.000]  The call I was really waiting for was about 192.007.
[29:03.000 --> 29:04.000]  Okay.
[29:04.000 --> 29:11.000]  They're telling me it's me not hearing.
[29:11.000 --> 29:14.000]  For some reason, I can't hear.
[29:14.000 --> 29:20.000]  So I'll just go ahead and hang on, James.
[29:20.000 --> 29:23.000]  We're about to go to break here in about 40 seconds.
[29:23.000 --> 29:27.000]  So we'll try to get this cleared up on the break.
[29:27.000 --> 29:32.000]  And if, James, if you'll call back in, I will take you when we come back on the other side.
[29:32.000 --> 29:39.000]  If not, we should have this sound thing cleared up as we get back on track.
[29:39.000 --> 29:42.000]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[29:42.000 --> 29:46.000]  I call it number 512-646-1984.
[29:46.000 --> 30:01.000]  We'll be right back.
[30:01.000 --> 30:02.000]  Pressure.
[30:02.000 --> 30:07.000]  We usually associate it with stress and negativity, but sometimes a bit of pressure can be healing.
[30:07.000 --> 30:12.000]  I'm Dr. Catherine Albrecht, and I'll be back to tell you how conditions like nausea can be cured
[30:12.000 --> 30:16.000]  using the traditional Chinese therapy known as acupressure.
[30:16.000 --> 30:18.000]  Privacy is under attack.
[30:18.000 --> 30:21.000]  When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.000 --> 30:34.000]  Privacy, it's worth hanging on to.
[30:34.000 --> 30:37.000]  This public service announcement is brought to you by StartPage.com,
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[30:41.000 --> 30:45.000]  Start over with StartPage.
[30:45.000 --> 30:49.000]  Acupressure is an ancient practice that uses finger or hand pressure
[30:49.000 --> 30:52.000]  to cure everything from headaches to constipation.
[30:52.000 --> 30:54.000]  The pressure is applied to points known as meridians
[30:54.000 --> 30:57.000]  that are believed to control the flow of energy in the human body.
[30:57.000 --> 31:00.000]  Acupressure offers a simple cure for nausea
[31:00.000 --> 31:04.000]  you might try the next time you get a queasy stomach or a case of motion sickness.
[31:04.000 --> 31:07.000]  Simply apply moderate pressure to the point known as P6.
[31:07.000 --> 31:12.000]  You'll find it on the inside of your wrist, about two fingers' width down from your palm.
[31:12.000 --> 31:18.000]  Placing pressure on the P6 point works on the same principle as those pricey anti-nausea wristbands,
[31:18.000 --> 31:21.000]  but this relief is free and always on hand.
[31:21.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:51.000 --> 31:57.000]  Call 888-910-4367 and see what our powder, seeds, and oil can do for you.
[31:57.000 --> 32:00.000]  Only at SQSA.org.
[32:00.000 --> 32:05.000]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:05.000 --> 32:07.000]  In today's America, we live in an us-against-them society.
[32:07.000 --> 32:09.000]  If we, the people, are ever going to have a free society,
[32:09.000 --> 32:12.000]  then we're going to have to stand and defend our own rights.
[32:12.000 --> 32:15.000]  Among those rights are the right to travel freely from place to place,
[32:15.000 --> 32:17.000]  the right to act in our own private capacity,
[32:17.000 --> 32:19.000]  and most importantly, the right to due process of law.
[32:19.000 --> 32:22.000]  Traffic courts afford us the least expensive opportunity
[32:22.000 --> 32:25.000]  to learn how to enforce and preserve our rights through due process.
[32:25.000 --> 32:28.000]  Former Sheriff's Deputy, Eddie Craig, in conjunction with Rule of Law Radio,
[32:28.000 --> 32:31.000]  has put together the most comprehensive teaching tool available
[32:31.000 --> 32:33.000]  that will help you understand what due process is
[32:33.000 --> 32:35.000]  and how to hold courts to the rule of law.
[32:35.000 --> 32:37.000]  You can get your own copy of this invaluable material
[32:37.000 --> 32:40.000]  by going to ruleoflawradio.com and ordering your copy today.
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[32:42.000 --> 32:45.000]  The Texas Transportation Code, The Law Versus the Lie,
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[32:50.000 --> 32:54.000]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.000 --> 33:02.000]  Order your copy today, and together we can have the free society we all want and deserve.
[33:02.000 --> 33:13.000]  Live, free speech radio, logosradionetwork.com.
[33:13.000 --> 33:19.000]  Yes, Mr. Officer, you're taking me right ahead.
[33:19.000 --> 33:23.000]  I want you to follow the law of the land.
[33:23.000 --> 33:26.000]  I don't understand.
[33:26.000 --> 33:29.000]  These others look like they're going to serve us.
[33:29.000 --> 33:31.000]  Not be Arabians.
[33:31.000 --> 33:34.000]  Officer!
[33:34.000 --> 33:40.000]  When you're going to stop abuse, you'll have a power.
[33:40.000 --> 33:45.000]  When you're going to stop abuse, you'll have a power.
[33:45.000 --> 33:51.000]  When you're going to stop abuse, you'll have a power.
[33:51.000 --> 33:52.000]  When you're going to stop abuse, you'll have a power.
[33:52.000 --> 33:53.000]  Okay, we are back.
[33:53.000 --> 33:56.000]  Randy Felton, Deborah Stevens, rule of law radio.
[33:56.000 --> 33:59.000]  And we found the error, and it was me.
[33:59.000 --> 34:04.000]  My headset got a glitch in it, but I seem to have that taken care of.
[34:04.000 --> 34:07.000]  Okay, we're going back to Terry in Missouri.
[34:07.000 --> 34:09.000]  Hello, Terry.
[34:09.000 --> 34:10.000]  Hello, sir.
[34:10.000 --> 34:11.000]  Hi, Randy.
[34:11.000 --> 34:14.000]  All right, now I got you.
[34:14.000 --> 34:16.000]  Okay, let's start again.
[34:16.000 --> 34:20.000]  What are the issues that are claimed?
[34:20.000 --> 34:27.000]  Facts, support of those issues, and what were the rulings?
[34:27.000 --> 34:42.000]  First one is 1682 S, 1681 S paragraph section two, where you claim that they made false reports to credit reporting agencies.
[34:42.000 --> 34:43.000]  Okay.
[34:43.000 --> 34:44.000]  Yes, sir.
[34:44.000 --> 34:47.000]  What was the next one?
[34:47.000 --> 34:51.000]  The next one is they failed to do a proper investigation.
[34:51.000 --> 34:53.000]  Now, that's part of the same one.
[34:53.000 --> 34:55.000]  Yes.
[34:55.000 --> 34:59.000]  Okay, what was the next issue that you brought?
[34:59.000 --> 35:06.000]  Yeah, the next issue is that, and I don't want to get complicated, they closed the file.
[35:06.000 --> 35:14.000]  They admitted that through the discovery, and they were supposed to do a reinvestigation.
[35:14.000 --> 35:19.000]  And basically, Randy, they refused to do that.
[35:19.000 --> 35:23.000]  Okay, hold on.
[35:23.000 --> 35:26.000]  You said they closed the file.
[35:26.000 --> 35:28.000]  Yes, they did.
[35:28.000 --> 35:32.000]  Okay, what does the mean?
[35:32.000 --> 35:38.000]  Yeah, the the comes from the bank director and one of the other employees.
[35:38.000 --> 35:39.000]  No, no, no, no.
[35:39.000 --> 35:44.000]  The word the means is one previously mentioned.
[35:44.000 --> 35:45.000]  You said the file.
[35:45.000 --> 35:49.000]  You never told us what the file was.
[35:49.000 --> 35:51.000]  Oh, I'm sorry.
[35:51.000 --> 35:54.000]  Okay, I'm not trying.
[35:54.000 --> 35:56.000]  I'm not being pedantic here.
[35:56.000 --> 36:10.000]  What I am trying to do is demonstrate how to take somebody who don't know squat about what you're talking about and make sure you give him enough information so he can frame the issue in his mind.
[36:10.000 --> 36:18.000]  And the worst things to use are acronyms and pronouns.
[36:18.000 --> 36:22.000]  Respa, you know precisely what Respa means.
[36:22.000 --> 36:25.000]  I know what Respa means.
[36:25.000 --> 36:38.000]  But every time I read Respa in a document, mentally, I have to stop and say real estate settlement procedures act.
[36:38.000 --> 36:50.000]  And that stops my mental flow because when I see an acronym, especially if there's more than two letters, then I have to make sure that I haven't missed a letter that I'm seeing.
[36:50.000 --> 36:56.000]  Respa, this is how procedures act and not fair data collections practices act for a credit reporting act.
[36:56.000 --> 36:58.000]  It's really easy to confuse all these things.
[36:58.000 --> 37:03.000]  So I have to stop and make sure that I'm seeing what I think I'm seeing that interrupts flow.
[37:03.520 --> 37:11.260]  When I see a pronoun, I have to stop and say, okay, the, what
[37:11.260 --> 37:16.680]  specifically is the referring to in common ordinary conversation?
[37:16.680 --> 37:25.380]  We don't have to do that, but on legal documents, you have to presume that
[37:25.380 --> 37:32.160]  the lawyer on the other side will twist and misconstrued everything he
[37:32.160 --> 37:33.880]  possibly can.
[37:36.400 --> 37:43.280]  When I write a legal document, the only time I'll use a pronoun is if I've
[37:43.280 --> 37:50.640]  already used the same term or the name in the sentence, and it's only a few
[37:50.640 --> 37:57.920]  words away so that if I use the full name again, it will be disruptively
[37:57.920 --> 38:05.520]  redundant, and by using a pronoun, there's no way a reasonable person
[38:05.520 --> 38:07.560]  could misconstrue what I said.
[38:07.800 --> 38:12.440]  If there's any possible way someone could misconstrue, I use the whole term.
[38:14.520 --> 38:18.680]  When you read legal writing, it sometimes looks a little bit pedantic
[38:19.320 --> 38:23.080]  because you have the same terms over and over, and that's just so the lawyer
[38:23.080 --> 38:25.920]  on the other side won't pretend like he didn't understand.
[38:25.920 --> 38:28.600]  Does that make sense, Terry?
[38:29.560 --> 38:30.040]  Yes, sir.
[38:31.360 --> 38:31.720]  Okay.
[38:31.960 --> 38:37.880]  Now start again and try to avoid acronyms, pronouns, and make sure we
[38:37.880 --> 38:42.960]  have referential index so we always know where you're at and where you're going.
[38:44.720 --> 38:49.360]  Well, I'll try to improve upon that, Randy, pursuant to the Fair Credit Reporting
[38:49.360 --> 38:54.640]  Act and the discovery questions that were submitted to two bank employees.
[38:54.640 --> 39:03.240]  They both admitted on particular dates that the file pertained to me, the plaintiff.
[39:03.280 --> 39:08.080]  They actually closed it, and then I had received letters from them that they
[39:08.080 --> 39:13.040]  said that they would not reopen the file and do a reinvestigation, and the
[39:13.040 --> 39:14.840]  judge considered that to be a problem.
[39:14.840 --> 39:15.600]  Okay, hold on.
[39:15.600 --> 39:19.000]  This was Fair Credit Reporting Act.
[39:19.000 --> 39:26.960]  What kind of claim or what kind of investigation did you request, and under
[39:26.960 --> 39:28.520]  what authority did you request it?
[39:29.000 --> 39:34.040]  I was thinking a validation letter, a validation letter or a dispute letter,
[39:34.040 --> 39:35.360]  but that's not what you're talking about.
[39:35.960 --> 39:36.240]  Yeah.
[39:37.480 --> 39:39.520]  I did that for four and a half years.
[39:40.400 --> 39:40.720]  Okay.
[39:40.720 --> 39:41.280]  No, wait, wait.
[39:41.480 --> 39:45.720]  In this particular case, your Fair Credit Reporting Act.
[39:46.360 --> 39:46.760]  Yes.
[39:46.760 --> 39:50.480]  This was a debt validation letter under the Fair Credit Reporting Act?
[39:51.200 --> 39:51.840]  Yes, sir.
[39:56.480 --> 39:56.960]  Okay.
[39:57.920 --> 40:06.160]  And they, I take it you're claiming that they did not give you an adequate,
[40:06.640 --> 40:08.960]  adequate validation of the debt.
[40:09.680 --> 40:10.400]  That's correct.
[40:11.440 --> 40:14.120]  And you challenged it and they refused to open the case.
[40:14.440 --> 40:14.880]  Okay.
[40:14.880 --> 40:19.640]  That's, yeah, that's what I, that's what I would expect them to do, because
[40:19.640 --> 40:24.680]  if they reopened the case, that would be tantamount to admission that they didn't
[40:25.400 --> 40:27.480]  do a proper investigation the first time.
[40:28.400 --> 40:28.560]  Yeah.
[40:28.560 --> 40:29.120]  Okay.
[40:29.120 --> 40:29.840]  That's good.
[40:31.280 --> 40:36.240]  So there's no way they would reopen it unless the appeals court tells them to have to.
[40:38.360 --> 40:39.080]  Okay.
[40:39.800 --> 40:41.760]  You did your debt dispute letter and you did your
[40:41.760 --> 40:47.280]  debt dispute letter and they didn't adequately prove up their position.
[40:48.240 --> 40:49.880]  You got the record set for appeal.
[40:50.960 --> 40:51.280]  Yes.
[40:52.200 --> 40:52.640]  Okay.
[40:52.920 --> 40:53.440]  Next one.
[40:54.760 --> 41:00.000]  The only other question I have, and then you can go on to another caller, is that
[41:00.600 --> 41:07.880]  because of all the rule violations that I caught the attorney at and the falsified
[41:07.880 --> 41:14.400]  affidavit, which is material, Randy, to the case, I've looked at a lot of ways.
[41:15.160 --> 41:21.080]  It is material that can be detrimental to the outcome of my case.
[41:21.520 --> 41:22.720]  And it certainly has.
[41:23.920 --> 41:29.480]  I don't know how to file a criminal judicial misconduct complaint on this judge,
[41:29.520 --> 41:32.800]  but I certainly feel that it warrants this being done here.
[41:34.800 --> 41:36.760]  Okay, and you're in a federal court.
[41:36.760 --> 41:37.480]  Yes, sir.
[41:39.080 --> 41:45.880]  A federal judicial conduct complaint is similar to filing suit against the judge.
[41:47.800 --> 41:54.400]  You actually, you file an action in the court of appeals, just like you were filing
[41:54.400 --> 41:59.880]  suit against the judge, but it's in the form of a judicial conduct complaint.
[42:00.880 --> 42:01.280]  Okay.
[42:02.280 --> 42:05.760]  They generally take those pretty serious, especially if it's well documented.
[42:05.760 --> 42:12.760]  But I'm hoping to have Mike Handel call in today because we were talking the other
[42:12.760 --> 42:18.480]  day and he was talking about a ethics complaint and I want him to elaborate on
[42:18.480 --> 42:24.920]  that because he was saying that if you charge a lawyer or a public official with
[42:24.920 --> 42:32.160]  an ethics violation, they have to hire their own attorneys and said, this really
[42:32.160 --> 42:33.520]  gets them hopping and jumping.
[42:33.520 --> 42:36.680]  So it's something I'm going to want to look at in this regard.
[42:37.240 --> 42:43.480]  If you can file and accuse the judge of violating the judicial canons of ethics,
[42:45.280 --> 42:50.360]  you might be able to make, create an action that'll cause the judge to have to
[42:50.360 --> 42:54.800]  hire his own attorney and that's going to make him really, really unhappy.
[42:57.760 --> 43:00.240]  I believe it's more than warranted here.
[43:00.240 --> 43:05.440]  Well, good, we need to do that, that this is our job.
[43:06.200 --> 43:10.920]  It's our, it's our job to police our police in our courts and this is how we do it.
[43:12.960 --> 43:18.480]  So if you have a falsified affidavit, proof of a falsified affidavit and the
[43:18.480 --> 43:24.480]  judge has the proof in his possession, yet he still acts on the falsified
[43:24.480 --> 43:30.200]  affidavit, and the judge has the proof in his possession, yet he still acts on the
[43:30.200 --> 43:31.040]  false affidavit.
[43:32.560 --> 43:34.560]  That's subordination of Perttu.
[43:35.720 --> 43:36.280]  Yes, sir.
[43:37.520 --> 43:38.160]  Okay.
[43:38.160 --> 43:39.400]  We're about to go to break.
[43:40.680 --> 43:41.560]  Thank you, Terry.
[43:41.560 --> 43:44.640]  We have James in Texas, Mark in Texas.
[43:45.320 --> 43:47.440]  We're going to keep the call lines open all night.
[43:47.600 --> 43:50.840]  This is Randy Kelton, Debra Stevens, Rue of Our Radio, our call in
[43:50.840 --> 43:54.160]  number 512-646-1984.
[43:54.160 --> 44:02.160]  We'll be right back.
[44:02.480 --> 44:06.720]  Hello, my name is Stuart Smith from naturespureorganics.com and I would
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[44:37.480 --> 44:42.680]  That's 512-264-4043 naturespureorganics.com.
[44:43.120 --> 44:46.520]  Don't forget to like us on Facebook for information on events and our products.
[44:46.520 --> 44:51.520]  Naturespureorganics.com.
[45:01.200 --> 45:03.760]  Are you the plaintiff or defendant in a lawsuit?
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[45:52.120 --> 46:13.560]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:22.320 --> 46:25.600]  Back to the law, would your purpose has to be done?
[46:26.440 --> 46:31.000]  Does a gentleman, a soldier, a warrior have love, scaffolding that keeps his
[46:31.000 --> 46:37.240]  peace? All he's taking is a misunderstanding, and somebody calls the police.
[46:37.240 --> 47:01.800]  What's in the spot's box? What's in the spot's box? What's in the spot's box?
[47:01.800 --> 47:10.760]  Well, we're having too much fun on the break.
[47:10.800 --> 47:17.680]  This is Randy Kelton, Denver Stevens, the Rule of Law Radio, and we do have Jeff
[47:17.680 --> 47:19.440]  Cedric. He had some comments here.
[47:19.840 --> 47:24.800]  He was checking his facts, and these are comments for Terry in Missouri.
[47:25.920 --> 47:27.360]  Okay, go ahead, Jeff.
[47:27.640 --> 47:28.520]  All right, great.
[47:28.520 --> 47:34.400]  First off, what I didn't hear was he dismissed with or without prejudice.
[47:36.200 --> 47:36.880]  Did he say?
[47:38.440 --> 47:41.880]  I think he was dismissed with prejudice, all counts.
[47:43.240 --> 47:48.840]  Okay, well, let's hope that he wasn't, because what I'm going to do is I'm going
[47:48.840 --> 47:55.120]  to give three cases for him to review so that if he was dismissed without
[47:55.120 --> 48:03.920]  prejudice, he can revile them, and that would be James versus Encore out of
[48:03.920 --> 48:15.080]  the Virginia, USDC, and Brim versus MCM, and Johnson versus MBA, and I'm not sure
[48:15.080 --> 48:23.960]  which circuits they're out of, but they are all very, very superiorly pled S2B
[48:23.960 --> 48:35.320]  cases, and I say S2B, okay, because under S2A, if you drift down to S2C, it says
[48:35.320 --> 48:42.760]  in S2C, there is no private right of action under S2A, none.
[48:43.640 --> 48:50.920]  So this was something we were talking about on 192.007.
[48:50.920 --> 48:58.000]  They were saying there was no private right of action, and what I was looking
[48:58.000 --> 49:05.640]  at is how we get to that as no statute, no action by the legislature is without
[49:05.640 --> 49:12.960]  purpose, and say, oh, okay.
[49:14.040 --> 49:14.400]  Okay.
[49:14.640 --> 49:15.040]  Oh, okay.
[49:15.040 --> 49:15.720]  That's the right one.
[49:15.720 --> 49:16.080]  Okay.
[49:16.400 --> 49:17.680]  We'll get to James in a minute.
[49:17.680 --> 49:28.520]  Okay, that's basically reserved for the government to pursue, S2A.
[49:29.120 --> 49:29.360]  Okay.
[49:29.360 --> 49:34.920]  And what I was looking at is another way to get to it is-
[49:34.920 --> 49:40.760]  Wait, no, his private right of action is under S2B, and that goes to
[49:40.760 --> 49:46.760]  reasonable investigation, and the three cases that I just recited to you are
[49:46.760 --> 49:52.960]  all extremely, extremely well-planned on the issue of S2A.
[49:56.040 --> 49:56.840]  Oh, that's okay.
[49:56.840 --> 49:57.960]  S2A is the one-
[49:57.960 --> 50:00.840]  S2B, I'm sorry, S2B, S2B, sorry, S2B.
[50:04.920 --> 50:05.280]  Okay.
[50:05.280 --> 50:07.160]  I'm hoping Terry's still listening.
[50:07.960 --> 50:10.240]  If not, I think I have his email.
[50:11.040 --> 50:12.240]  Yeah, I'm sure I have his email.
[50:12.280 --> 50:13.680]  I will send these cases.
[50:13.680 --> 50:19.440]  Can you send me the complete case items so I don't get it wrong?
[50:19.440 --> 50:20.560]  I can send you the cases.
[50:20.560 --> 50:23.200]  I'm working the subject line for Terry and Mo.
[50:24.080 --> 50:24.760]  Wonderful.
[50:26.320 --> 50:27.920]  I will give this to him.
[50:29.200 --> 50:32.320]  No, I'm going to hang up and go back to listening mode.
[50:33.360 --> 50:34.200]  Thank you, Jeff.
[50:35.160 --> 50:35.720]  You're welcome.
[50:37.160 --> 50:37.760]  Okay.
[50:37.800 --> 50:40.880]  Now we're going to go to James in Texas.
[50:40.880 --> 50:41.840]  Hello, James.
[50:41.840 --> 50:42.880]  Hello, Randy.
[50:43.840 --> 50:44.320]  Okay.
[50:44.320 --> 50:46.160]  You're going to straighten me out.
[50:49.680 --> 50:51.200]  Where have I screwed up?
[50:56.160 --> 50:56.800]  Okay.
[50:56.800 --> 51:00.560]  For one thing, I'm not comprehending what you're telling me.
[51:03.040 --> 51:09.360]  Oh, you're the one that sent me the email saying that I had made, that I was in error
[51:09.360 --> 51:22.960]  concerning 192.007 or concerning MERS, having a requirement to file, not having a requirement
[51:22.960 --> 51:24.800]  to file documents in the public record.
[51:26.320 --> 51:32.720]  Under Texas local government code 192.007, if the security instrument are in Texas, the
[51:32.720 --> 51:39.920]  deed of trust is filed of record, then any subsequent action that affects that instrument
[51:39.920 --> 51:42.560]  must be filed.
[51:44.160 --> 51:46.560]  Now, how many intervenings?
[51:47.360 --> 51:49.280]  We don't know how many there are.
[51:49.280 --> 51:53.680]  And that's where the Dallas County suit got thrown out because they were suing on intervenings.
[51:54.320 --> 51:55.840]  Now, which is county is...
[51:55.840 --> 51:57.280]  No, no, hold on.
[51:57.280 --> 52:08.960]  The Dallas County suit got thrown out specifically concerning 192.007 because 192.007 does not
[52:08.960 --> 52:10.240]  create a cause of action.
[52:11.440 --> 52:13.040]  That was the specific reason.
[52:13.040 --> 52:18.480]  192.007 is not the cause of action for the county.
[52:19.440 --> 52:21.200]  Listen, I'm saying specifically.
[52:21.200 --> 52:23.360]  It's not even sue on those grounds.
[52:23.360 --> 52:24.000]  They sue...
[52:24.000 --> 52:25.360]  Hold on, hold on, hold on.
[52:25.360 --> 52:38.000]  One, the order dismissing Dallas County suit concerning 192.007, the order very specifically
[52:38.000 --> 52:46.480]  dismissed that claim because 192.007 did not create a private cause of action.
[52:47.040 --> 52:55.280]  And even if they didn't file it in accordance with that statute, the Dallas County
[52:55.280 --> 52:58.400]  clerk had no power to raise the issue.
[53:00.640 --> 53:02.080]  And I don't argue that.
[53:02.080 --> 53:06.480]  But what I'm trying to tell you is the New H.S. County suit is totally different.
[53:07.360 --> 53:07.920]  Yes.
[53:07.920 --> 53:13.920]  Going back with challenging that the intervenings were never filed and they were
[53:13.920 --> 53:16.800]  shorted their filing fees because they got chunked out too.
[53:17.680 --> 53:23.600]  But the thing is, when you don't have all the intervenings filed and you go and file
[53:23.600 --> 53:28.800]  the last one, that document is not eligible for being filed because all the intervenings
[53:28.800 --> 53:29.440]  are missing.
[53:30.000 --> 53:31.440]  That's a criminal offense.
[53:32.880 --> 53:38.960]  Where I'm going to, where I'm looking for is how to claim remedy.
[53:39.600 --> 53:45.440]  Now, 192.007 doesn't give us remedy.
[53:45.440 --> 53:47.840]  It doesn't give us a cause of action.
[53:47.840 --> 54:00.160]  However, 42 civil rights obstruction of justice.
[54:02.400 --> 54:02.880]  No, no, no.
[54:04.400 --> 54:05.440]  This is a civil case.
[54:05.440 --> 54:06.240]  It's not criminal.
[54:06.800 --> 54:15.680]  If we're in a civil case, civil rights has a private right of action for civil rights.
[54:15.680 --> 54:17.760]  It's not a criminal act.
[54:18.480 --> 54:24.800]  How does a violation of 192.007 violate a civil right?
[54:25.840 --> 54:32.400]  Because they didn't have a legal right to file an inedible document of record.
[54:34.240 --> 54:38.000]  And when the court relied upon that and the attorneys relied upon that,
[54:39.200 --> 54:40.960]  there's an obstruction of justice.
[54:40.960 --> 54:43.680]  The due process of law is not in order.
[54:43.680 --> 54:48.960]  And if you go look at SCOTUS, Supreme Court of the United States, you'll find out that
[54:48.960 --> 54:53.760]  when they don't follow the laws of the constitution, they are in essence a traitor.
[54:54.720 --> 54:56.560]  Yeah, but we can't go there.
[54:56.560 --> 54:57.040]  Okay.
[54:57.040 --> 54:59.040]  We can't get to the Fed from here.
[54:59.040 --> 55:08.160]  I'm trying to find a credible claim that we can make that a judge can easily wrap his
[55:08.160 --> 55:10.480]  head around and there is one buried under there.
[55:10.480 --> 55:15.600]  And it doesn't need a private cause of action under 192.007.
[55:17.040 --> 55:17.840]  No, you don't.
[55:18.800 --> 55:21.200]  The law, there's plenty of ways to get to it.
[55:23.600 --> 55:30.320]  Filing a false document affecting real property is a criminal offense in Texas.
[55:31.120 --> 55:31.760]  Yes, it is.
[55:31.760 --> 55:33.600]  But that's not a cause of action either.
[55:34.640 --> 55:35.120]  No.
[55:35.120 --> 55:41.280]  But when they rely on that criminal action, they violate your civil rights by due process
[55:41.280 --> 55:43.760]  of law and they're obstructing justice.
[55:43.760 --> 55:46.720]  That's under 42 USC 1983.
[55:46.720 --> 55:49.440]  Now you have a private right of action.
[55:49.440 --> 55:54.960]  Yeah, but you're going way, a long way around and kind of a dubious way of getting back
[55:54.960 --> 55:56.560]  to a due process violation.
[55:57.840 --> 56:02.400]  You're claiming a due process violation in a contractual situation.
[56:02.400 --> 56:05.440]  This is contract.
[56:06.800 --> 56:09.600]  The obvious place to go is the contract.
[56:10.480 --> 56:10.960]  Okay.
[56:10.960 --> 56:14.720]  And if you go to the contract, let's look at the note.
[56:14.720 --> 56:16.000]  Let's just look at the note.
[56:16.000 --> 56:22.240]  Usually Covenant Nine, they're wavering, there's a waiver in their own presentment.
[56:23.040 --> 56:23.760]  Wait a minute.
[56:23.760 --> 56:29.680]  That can't happen because Covenant Nine says we're going to waive presentment and that's
[56:29.680 --> 56:36.080]  going to eliminate fair dealing and due process of law, and that's in violation of UCC3.
[56:36.080 --> 56:38.400]  I forgot which one in UCC3 it is.
[56:40.400 --> 56:45.680]  And what happens to a contract that has an illegal covenant in it?
[56:48.800 --> 56:53.680]  Yeah, now we look at the mortgage and it's usually, I think Covenant 20.
[56:53.680 --> 56:55.280]  No, hold on, hold on.
[56:55.280 --> 56:56.720]  You missed the point.
[56:56.720 --> 57:01.840]  What happens to a contract that has an illegal covenant in it?
[57:01.840 --> 57:03.840]  An illegal covenant?
[57:03.840 --> 57:05.840]  It's an unconscionable contract.
[57:05.840 --> 57:07.840]  It's unenforceable.
[57:07.840 --> 57:09.840]  Exactly.
[57:09.840 --> 57:11.840]  That's exactly where I was going.
[57:11.840 --> 57:13.840]  And then we go to Covenant 16, my favorite.
[57:13.840 --> 57:23.840]  They violated 192.007, but you don't have a private cause of action for 192.007.
[57:23.840 --> 57:33.840]  But you do have a breach of contract claim under Covenant 16 where they agreed to abide
[57:33.840 --> 57:34.640]  by all law.
[57:34.640 --> 57:43.520]  You use 192.007 to show that by going, we're going to use a PSA as an example because a
[57:43.520 --> 57:53.520]  PSA requires for them to sell to a trust that they are going to provide an unrecorded assignment
[57:53.520 --> 57:55.280]  of the mortgage.
[57:55.280 --> 57:59.600]  And that document has never, has never released a collateral file.
[57:59.600 --> 58:01.600]  It's never filed a record.
[58:01.600 --> 58:07.440]  They're withholding evidence that proved that they have a warrant.
[58:07.440 --> 58:08.960]  You're making big, big jumps there.
[58:08.960 --> 58:09.520]  Hang on.
[58:09.520 --> 58:10.880]  We're about to go to break.
[58:10.880 --> 58:12.560]  We'll pick this up on the other side.
[58:12.560 --> 58:16.640]  This is Randy Kelton, Deborah Stevens, Root of Our Radio.
[58:16.640 --> 58:19.440]  I call it number 512-646-1984.
[58:19.440 --> 58:22.480]  This is the top of our break, so it's a bit longer than the others.
[58:22.480 --> 58:30.080]  So if you have a look during the break, go look at our sponsors and if you can use some
[58:30.080 --> 58:33.840]  of their products or services, it'll help this station stay on the air.
[58:33.840 --> 58:36.880]  So help us out and especially Randy's Beer Fund.
[58:36.880 --> 58:38.160]  It's for you to get in short.
[58:39.200 --> 58:40.000]  Hang on.
[58:40.000 --> 58:40.880]  We'll be right back.
[58:40.880 --> 58:55.920]  The Bible remains the most popular book in the world, yet countless readers are frustrated
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[59:50.160 --> 01:00:05.520]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:05.520 --> 01:00:11.040]  The following news flash is brought to you by the Lone Star Lowdown, providing your daily
[01:00:11.040 --> 01:00:12.960]  bulletins for the commodities market.
[01:00:12.960 --> 01:00:20.240]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:25.760 --> 01:00:29.920]  Markets opened up today with gold at $1,215.36 an ounce.
[01:00:29.920 --> 01:00:32.400]  Silver, $17.15 an ounce.
[01:00:32.400 --> 01:00:35.360]  Texas crude, $60.75 a barrel.
[01:00:35.360 --> 01:00:45.440]  And Bitcoin is currently sitting at about $243 U.S. currency.
[01:00:45.440 --> 01:00:50.560]  Today in history, Saturday, May 13, 1989, approximately 2,000 students begin hunger
[01:00:50.560 --> 01:00:52.960]  strike in Tiananmen Square, China.
[01:00:52.960 --> 01:00:57.520]  These student strikes led to the infamous picture taken by Jeff Weidner of a Chinese
[01:00:57.520 --> 01:01:02.000]  man standing up to four Chinese tanks armed only with what appeared to be a grocery bag.
[01:01:02.000 --> 01:01:04.560]  The brave individual was scooped up by secret police.
[01:01:04.560 --> 01:01:07.120]  It is widely speculated that he was murdered by the regime.
[01:01:13.120 --> 01:01:18.320]  In recent news, Cody Wilson, famous for working on projects like the Bitcoin Wallet Dark Wallet
[01:01:18.320 --> 01:01:23.040]  and starting up his company Defense Distributed, which recently had issues with UPS and FedEx
[01:01:23.040 --> 01:01:28.160]  when they refused being carriers for their ghost gunner countertop CNC machine, has sued
[01:01:28.160 --> 01:01:31.760]  along with the Second Amendment Foundation, the State Department, and a federal court
[01:01:31.760 --> 01:01:32.960]  in Texas last week.
[01:01:32.960 --> 01:01:38.720]  Over the department asking Wilson back in 2013 to refrain from publishing CAD files
[01:01:38.720 --> 01:01:44.160]  to make 3D guns on his website, claiming that doing so might make him essentially an illegal
[01:01:44.160 --> 01:01:48.400]  international arms trafficker under international traffic and arms regulations.
[01:01:48.400 --> 01:01:52.640]  The State Department advised they would have a response for the pending investigation
[01:01:52.640 --> 01:01:53.760]  within 90 days.
[01:01:53.760 --> 01:01:58.000]  Waiting two years with no resolution, Cody, along with the Second Amendment Foundation,
[01:01:58.000 --> 01:02:06.000]  have decided to go ahead and sue the State Department for infringements on free speech.
[01:02:06.000 --> 01:02:10.080]  Internal police investigations in Mexico have shown that the departments cannot compete
[01:02:10.080 --> 01:02:12.240]  with the bribes cartels are willing to cough up.
[01:02:12.240 --> 01:02:17.760]  Public Safety Secretary of Mexico, Canaro Garcia Luna, said organized crime pays some
[01:02:17.760 --> 01:02:23.200]  1.27 billion pesos or about $100 million a month to municipal police because that's
[01:02:23.200 --> 01:02:27.360]  the portion of the salary the government does not pay the officers so they can live with dignity.
[01:02:27.360 --> 01:02:31.440]  Apparently, the secretary believes that raising salaries will curb corruption.
[01:02:42.240 --> 01:02:44.880]  The Lone Star Lowdown is currently looking for sponsors.
[01:02:44.880 --> 01:02:48.080]  If you have a product or a service that you would like to advertise in the lowdown,
[01:02:48.080 --> 01:02:52.960]  feel free to give us a call at 210-863-5617.
[01:02:52.960 --> 01:02:58.400]  This has been your lowdown for May 13, 2015.
[01:03:52.960 --> 01:04:03.120]  Okay, we are back.
[01:04:03.120 --> 01:04:08.960]  Randy Kelton, Debra Stevens, Real Wild Radio, and we're talking to James in Texas.
[01:04:08.960 --> 01:04:10.960]  Okay, I'll hold it back.
[01:04:10.960 --> 01:04:16.800]  I'm having a little trouble, James, because you know this subject so well you're kind
[01:04:16.800 --> 01:04:17.920]  of running away from.
[01:04:17.920 --> 01:04:28.400]  Well, I'm going to say this, if you don't have an engineer's mentality and the years
[01:04:28.400 --> 01:04:32.640]  time to dedicate it alone, it's going to run away from anybody.
[01:04:32.640 --> 01:04:36.800]  Yeah, and I'm working from my engineer's mentality.
[01:04:38.240 --> 01:04:42.160]  First thing is inevitably the most effective solution to any given problem is going to be
[01:04:42.160 --> 01:04:48.480]  the simplest, and the other one is connect all the dots.
[01:04:48.480 --> 01:04:52.240]  So I'm trying to keep the dots connected.
[01:04:52.240 --> 01:04:58.640]  One of the dots I had a problem with is in a due process claim where we're not dealing
[01:04:58.640 --> 01:05:04.160]  with a public official but with a civil entity.
[01:05:04.160 --> 01:05:11.920]  It's a little more difficult to get to a due process claim, whereas contractual claims
[01:05:11.920 --> 01:05:14.240]  pretty easy to get to.
[01:05:14.240 --> 01:05:20.320]  And so far when I read the Deed of Trust, my favorite covenant in the Deed of Trust
[01:05:20.320 --> 01:05:26.080]  is the agreement on the part of both parties to abide by all relevant law.
[01:05:26.080 --> 01:05:34.480]  And we say we tried to avoid getting into this kind of a situation by putting in this
[01:05:34.480 --> 01:05:38.400]  requirement that they abide by all law.
[01:05:38.400 --> 01:05:42.400]  And here they went up here and this law required them to do something and they didn't do what
[01:05:42.400 --> 01:05:45.200]  this law required them to do.
[01:05:45.200 --> 01:05:48.080]  Therefore they repudiated this contract.
[01:05:48.080 --> 01:05:56.240]  They cannot now come and claim the privileges granted in the contract when they're already
[01:05:56.240 --> 01:05:58.480]  in default of the contract.
[01:05:58.480 --> 01:06:01.600]  Does that make sense, James?
[01:06:01.600 --> 01:06:08.480]  Yes, it does, but even further than that, we can go to Covenant 20, it's usually they're
[01:06:08.480 --> 01:06:15.280]  going to sell the note or a partial interest in the note together with the security instrument.
[01:06:15.280 --> 01:06:21.600]  And they're trying to use UCC 8 and 9 to make that argument and they don't carry any merit
[01:06:21.600 --> 01:06:24.600]  to real property because UCC 8 and 9...
[01:06:24.600 --> 01:06:25.600]  Wait, hold on.
[01:06:25.600 --> 01:06:28.800]  Will you paraphrase UCC 8?
[01:06:28.800 --> 01:06:39.160]  UCC 8 is intangible payment stream and when they can sell the payment stream, but if they
[01:06:39.160 --> 01:06:44.520]  sell the payment stream before they sell the note, they've reduced that note of value and
[01:06:44.520 --> 01:06:53.720]  under UCC 3203 subsection delta, they can't negotiate the note so nobody has a right to
[01:06:53.720 --> 01:06:58.640]  the note because they've already sold the intangible payment stream.
[01:06:58.640 --> 01:07:06.640]  But these investors buy this intangible payment stream with going back to the PSA saying that,
[01:07:06.640 --> 01:07:13.400]  well, we've got a security instrument unrecorded or an assignment of the security instrument
[01:07:13.400 --> 01:07:19.560]  that doesn't carry no weight because it's unrecorded, it may be in their files and that's
[01:07:19.560 --> 01:07:27.280]  the evidence that's been withheld to prove that they don't have a right to the property.
[01:07:27.280 --> 01:07:32.840]  This was the very issue that I was reading some cases on and most of the cases that got
[01:07:32.840 --> 01:07:45.120]  tossed is where they were arguing that there was no deed of trust filed and then they argued
[01:07:45.120 --> 01:07:51.520]  the assignments and changes in beneficial interest weren't subsequently filed and the
[01:07:51.520 --> 01:07:57.480]  court said, well, you can't make this claim under 192.007 because they never filed the
[01:07:57.480 --> 01:08:05.400]  first one in the first place and then the case you sent me, the Nucci's case was right
[01:08:05.400 --> 01:08:13.080]  on point because here the deed of trust had been filed and the argument was the correct
[01:08:13.080 --> 01:08:20.840]  argument that they had filed that deed of trust and did not file the subsequent documentation,
[01:08:20.840 --> 01:08:25.800]  but they also said in here that it did not create a private cause of action and that's
[01:08:25.800 --> 01:08:32.600]  where I was looking at that and saying, well, they should have jumped down to the catch-all
[01:08:32.600 --> 01:08:36.040]  for each contract.
[01:08:36.040 --> 01:08:39.600]  We wrote the contract to avoid this issue.
[01:08:39.600 --> 01:08:40.600]  The New H.S.
[01:08:40.600 --> 01:08:46.600]  County is suing for the destruction to public records, they're suing on a different cause
[01:08:46.600 --> 01:08:50.480]  of action and what a homeowner would sue.
[01:08:50.480 --> 01:08:56.960]  That's what got them thrown out, but the homeowner could take this same argument and he wouldn't
[01:08:56.960 --> 01:09:04.000]  get thrown out because he has a private cause of action because this claim affects his title
[01:09:04.000 --> 01:09:06.480]  and this claim has an effect on him.
[01:09:06.480 --> 01:09:11.200]  Yeah, and it's an unlawful claim.
[01:09:11.200 --> 01:09:17.080]  The Texas reading from, how do you pronounce Nucci's?
[01:09:17.080 --> 01:09:25.680]  Oh, anyway, Texas courts have interpreted the intent element to require only that the
[01:09:25.680 --> 01:09:32.960]  person filing the fraudulent lien be aware of the harmful effect that filing such a lien
[01:09:32.960 --> 01:09:35.360]  could have.
[01:09:35.360 --> 01:09:46.200]  So we're saying that when they come and file or say the trustee's deed, that that document's
[01:09:46.200 --> 01:09:49.280]  fraudulent, they know it's fraudulent.
[01:09:49.280 --> 01:09:57.480]  We don't care if they have, if they're actually the holder or not, because 13001 says-
[01:09:57.480 --> 01:10:00.680]  A lot of people do.
[01:10:00.680 --> 01:10:08.640]  They sit there and they go into a civil case and they make a fraud claim, which is criminal,
[01:10:08.640 --> 01:10:11.480]  but they still want to prove it by preponderance.
[01:10:11.480 --> 01:10:14.480]  You can't do that.
[01:10:14.480 --> 01:10:16.680]  The whole thing is we don't care about all that.
[01:10:16.680 --> 01:10:20.920]  I don't care if you're actually the holder.
[01:10:20.920 --> 01:10:30.700]  What I care about is have you made all the filings in the record as required by code?
[01:10:30.700 --> 01:10:38.440]  Can I look in the record and see a complete chain of title from the original lien to you?
[01:10:38.440 --> 01:10:45.280]  If I can't, you can wipe your behind with your claim under 13001 Texas Property Code.
[01:10:45.280 --> 01:10:49.200]  Any claim against real property is not properly acknowledged or proven and filed in a public
[01:10:49.200 --> 01:10:53.560]  record is voided through the holder, so you can use the authority paper even if you are
[01:10:53.560 --> 01:10:57.160]  in fact the true and proper holder.
[01:10:57.160 --> 01:11:05.920]  This is where 192007 comes in supporting.
[01:11:05.920 --> 01:11:08.920]  Does this make sense?
[01:11:08.920 --> 01:11:16.240]  Yes, and there's other sections under 192 that gives the obligor a private right of
[01:11:16.240 --> 01:11:21.920]  action to sue, and I think that's what you just said.
[01:11:21.920 --> 01:11:28.440]  You're saying under 192 it gives the obligor?
[01:11:28.440 --> 01:11:39.760]  Somewhere in the 192, I think it's 192.002 or 003, somewhere in there it gives the obligor
[01:11:39.760 --> 01:11:42.520]  the private right of action to sue.
[01:11:42.520 --> 01:11:46.720]  Oh, I did not see that.
[01:11:46.720 --> 01:11:48.720]  That's because I'm trying to read all this too fast.
[01:11:48.720 --> 01:11:54.560]  192.007, you won't see a private right, but if you look at the other ones, it will give
[01:11:54.560 --> 01:12:00.080]  you a private right of action, the obligor, or any person that has an interest in the
[01:12:00.080 --> 01:12:03.280]  real property has a private right of action.
[01:12:03.280 --> 01:12:17.160]  Well then, all of these cases I've been looking at really only apply to suits by clerks or
[01:12:17.160 --> 01:12:20.960]  counties against MERS.
[01:12:20.960 --> 01:12:28.320]  And they're trying to sue for ineligible filing, for them not paying their intervening filing
[01:12:28.320 --> 01:12:29.320]  fees.
[01:12:29.320 --> 01:12:35.560]  How many intervenings are there, 1, 2, 3, 50, 100, how many, I'll dismiss it too.
[01:12:35.560 --> 01:12:40.480]  Yeah, that was, in reading the case.
[01:12:40.480 --> 01:12:45.880]  And you can prove that they're withholding evidence to show that, like the one that we've
[01:12:45.880 --> 01:12:51.400]  got going to SCOTUS right now, which is just newly discovered evidence, is from countrywide
[01:12:51.400 --> 01:12:54.360]  home loans to Jenny Mae.
[01:12:54.360 --> 01:13:00.080]  They withheld that recorded document, unrecorded document, they withheld that in their collateral
[01:13:00.080 --> 01:13:01.080]  file.
[01:13:01.080 --> 01:13:06.520]  Then they went in and filed one from countrywide home loans to a bank.
[01:13:06.520 --> 01:13:14.720]  Wait a minute, that's an absolute admission that that document was falsely filed.
[01:13:14.720 --> 01:13:22.240]  But the judges go with it, now is that obstruction of justice?
[01:13:22.240 --> 01:13:28.600]  Was there a due process of law because they're withholding evidence?
[01:13:28.600 --> 01:13:30.720]  And the judge had knowledge of it.
[01:13:30.720 --> 01:13:37.560]  The judge had knowledge of it and they intentionally withheld it.
[01:13:37.560 --> 01:13:45.720]  Did you consider filing a complaint against the judge with a state grand jury?
[01:13:45.720 --> 01:13:49.440]  Not at this time, we're going to higher levels than that.
[01:13:49.440 --> 01:13:56.960]  We're going to sit there and if you go into the criminal world, if you withhold exculpatory
[01:13:56.960 --> 01:13:59.880]  evidence, you commit a crime.
[01:13:59.880 --> 01:14:02.760]  That's what they sent Judge Anderson to jail for.
[01:14:02.760 --> 01:14:08.920]  Yes, well, that wasn't where I was going with the federal judge.
[01:14:08.920 --> 01:14:14.400]  If the federal judge had knowledge that a document is fraudulent.
[01:14:14.400 --> 01:14:20.600]  Well, you can't go after the judge because you would look at the attorneys, the attorneys
[01:14:20.600 --> 01:14:21.600]  present.
[01:14:21.600 --> 01:14:29.960]  Now, wait a minute, if the judge had knowledge that it was fraudulent and accepted it anyway,
[01:14:29.960 --> 01:14:35.040]  the way I read that, that's obstruction of justice and that's a crime in the state of
[01:14:35.040 --> 01:14:36.040]  Texas.
[01:14:36.040 --> 01:14:39.240]  Obstruction of justice is a 42 USC 1983 volley.
[01:14:39.240 --> 01:14:43.840]  No, no, no, he wasn't in a federal on the wave.
[01:14:43.840 --> 01:14:48.960]  He was in a federal courthouse that belongs to the state of Texas.
[01:14:48.960 --> 01:14:56.560]  That goes under 3606, Texas penal code.
[01:14:56.560 --> 01:15:02.920]  The feds have no jurisdiction over that, only the state does.
[01:15:02.920 --> 01:15:07.920]  Let him explain that crap to a grand jury of our peers, not his peers.
[01:15:07.920 --> 01:15:14.520]  Well, the only way we're going to sort this out is allow it to get to SCOTUS, which it
[01:15:14.520 --> 01:15:19.440]  should be there within two weeks.
[01:15:19.440 --> 01:15:30.360]  We just had Mike Handel take an absolutely outrageous case to SCOTUS and they just tossed
[01:15:30.360 --> 01:15:31.360]  it.
[01:15:31.360 --> 01:15:38.440]  Well, they're going to toss it because unless you've got an issue of grave importance to
[01:15:38.440 --> 01:15:43.400]  the nation or to the world or to the people or a constitutional violation, they're going
[01:15:43.400 --> 01:15:45.440]  to chunk it in a heartbeat.
[01:15:45.440 --> 01:15:49.880]  90% of all of them sent to SCOTUS, they get a chunk.
[01:15:49.880 --> 01:15:56.040]  If you're not politically on point with their particular immediate agenda, that's not going
[01:15:56.040 --> 01:15:58.960]  to go very far at all.
[01:15:58.960 --> 01:16:04.680]  I absolutely agree and we have ways to handle that and it's being handled.
[01:16:04.680 --> 01:16:05.680]  Oh, okay.
[01:16:05.680 --> 01:16:06.680]  Well, I'm just-
[01:16:06.680 --> 01:16:14.800]  They've already backed the rough draft and said it's not bound properly, bind it properly
[01:16:14.800 --> 01:16:21.840]  and render service on the Solicitor General because this is probably going to join the
[01:16:21.840 --> 01:16:31.360]  U.S. government as a plaintiff because we're proving fraud against a government agency.
[01:16:31.360 --> 01:16:32.360]  Okay.
[01:16:32.360 --> 01:16:37.520]  That brings up something that I'd like to pick up on the other side.
[01:16:37.520 --> 01:16:40.000]  Randy Kelton, Denver Stevens, Voodoo Ball Radio.
[01:16:40.000 --> 01:16:42.000]  I call in number 512-646-1984.
[01:16:42.000 --> 01:16:44.000]  Give us a call.
[01:16:44.000 --> 01:17:00.960]  We'll keep the phones open all night and we'll be right back.
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[01:19:15.880 --> 01:19:20.880]  Ain't gonna blame me.
[01:19:20.880 --> 01:19:27.880]  Don't blame me.
[01:19:27.880 --> 01:19:36.720]  Well, ain't gonna fool me with that same old trick again.
[01:19:36.720 --> 01:19:41.720]  I was blindsided, but now I can see your plan.
[01:19:41.720 --> 01:19:46.720]  You put the beer in my pocket, took the money from my hand.
[01:19:46.720 --> 01:19:55.720]  Ain't gonna fool me with that same old trick again.
[01:19:55.720 --> 01:20:02.720]  Ain't gonna fool me.
[01:20:02.720 --> 01:20:16.760]  Ain't gonna drop me with that same old sucker punch.
[01:20:16.760 --> 01:20:19.760]  I get it now, but then I must not.
[01:20:19.760 --> 01:20:20.760]  Yeah, yeah.
[01:20:20.760 --> 01:20:21.760]  Okay, we are back.
[01:20:21.760 --> 01:20:28.040]  We're in Kelton, Douglas Stevens, we have our radio and we're talking to James in Texas.
[01:20:28.040 --> 01:20:33.920]  And you were alluding to fraud against the United States.
[01:20:33.920 --> 01:20:36.200]  How did you get to fraud against the United States?
[01:20:36.200 --> 01:20:42.520]  Because we had a call or talk about that the other day.
[01:20:42.520 --> 01:20:43.520]  I'm sorry, Randy.
[01:20:43.520 --> 01:20:44.520]  Okay.
[01:20:44.520 --> 01:20:49.440]  When we went out, you were alluding to fraud against the United States.
[01:20:49.440 --> 01:20:52.520]  How do you get there?
[01:20:52.520 --> 01:20:55.480]  We don't have to prove what they admitted.
[01:20:55.480 --> 01:21:00.640]  And when they withheld that evidence and it finally surfaced that it existed, they made
[01:21:00.640 --> 01:21:02.800]  an admission.
[01:21:02.800 --> 01:21:11.120]  Now, one of the differences between you and me is we both may be old and all of this,
[01:21:11.120 --> 01:21:17.680]  but people-minded we're not, but I've never been thrown in jail.
[01:21:17.680 --> 01:21:24.920]  But I do have that mentality that if you have to operate in this world, you better operate
[01:21:24.920 --> 01:21:30.440]  under the principles of Sun Tzu, attack from the left and invade from the right.
[01:21:30.440 --> 01:21:35.080]  And let them think that the invasion is the attack or the attack is the invasion.
[01:21:35.080 --> 01:21:40.520]  And it's the principles that have been tried and true for thousands of years.
[01:21:40.520 --> 01:21:41.960]  Okay.
[01:21:41.960 --> 01:21:48.480]  And if you don't set it up from day one, both scenarios, you're going to end up getting
[01:21:48.480 --> 01:21:51.880]  your butt kicked.
[01:21:51.880 --> 01:21:54.960]  Okay.
[01:21:54.960 --> 01:22:00.760]  And how does that apply to this situation?
[01:22:00.760 --> 01:22:09.080]  Well, they were believing that most people will go in and try to take it to SCOTUS and
[01:22:09.080 --> 01:22:12.640]  argued, well, the trial court erred and the appellate court erred.
[01:22:12.640 --> 01:22:13.640]  Okay.
[01:22:13.640 --> 01:22:17.440]  So they erred, big whoopee.
[01:22:17.440 --> 01:22:24.640]  You look at the Federal Reserve and the government, it's to make sure that we have an economy
[01:22:24.640 --> 01:22:34.040]  based or financial economy stabilized system, but not at the expense of the Constitution.
[01:22:34.040 --> 01:22:40.960]  And you have to get it out of common law to constitutional law.
[01:22:40.960 --> 01:22:51.120]  Because if you keep it in common law and courts of equity, you're going to get your butt kicked
[01:22:51.120 --> 01:22:54.560]  every time.
[01:22:54.560 --> 01:23:01.080]  But if you go to show that they violated constitutional law, because the courts get their power from
[01:23:01.080 --> 01:23:05.800]  the Constitution and all statutory laws get their power from the Constitution.
[01:23:05.800 --> 01:23:09.520]  If they violate the Constitution, are they a traitor?
[01:23:09.520 --> 01:23:15.640]  And it doesn't matter who violates the constitutional law.
[01:23:15.640 --> 01:23:19.280]  But there's one thing about the court system is you can take it to the highest courts of
[01:23:19.280 --> 01:23:24.800]  the land, which would be SCOTUS, and they can send it back and tell all the courts to
[01:23:24.800 --> 01:23:29.120]  correct their errors so that they're not in violation of the Constitution.
[01:23:29.120 --> 01:23:34.920]  But to threaten to take their power away, oh man, that's going to get everybody upset.
[01:23:34.920 --> 01:23:36.720]  Okay.
[01:23:36.720 --> 01:23:40.960]  Take their power away.
[01:23:40.960 --> 01:23:41.960]  How are we getting there?
[01:23:41.960 --> 01:23:44.880]  If we have no Constitution, then we have no law.
[01:23:44.880 --> 01:23:51.400]  Free all the crooks in prison.
[01:23:51.400 --> 01:23:52.400]  Okay.
[01:23:52.400 --> 01:23:55.880]  What constitutional claim are you making?
[01:23:55.880 --> 01:24:02.360]  Obstruction of justice and violation of due process of law, because they withheld evidence
[01:24:02.360 --> 01:24:05.440]  that would show that they didn't have a right to make the claim they did.
[01:24:05.440 --> 01:24:06.440]  Okay.
[01:24:06.440 --> 01:24:07.440]  Those are criminal charges.
[01:24:07.440 --> 01:24:08.440]  To the courts.
[01:24:08.440 --> 01:24:09.440]  Okay.
[01:24:09.440 --> 01:24:10.440]  Those are criminal accusations.
[01:24:10.440 --> 01:24:11.440]  Yeah.
[01:24:11.440 --> 01:24:16.440]  And that's where you can't go in with a preponderance.
[01:24:16.440 --> 01:24:22.680]  Like I was listening to your show on Friday night, the guy says, I got a fraudulent assignment.
[01:24:22.680 --> 01:24:26.640]  The first thing I'm going to do is say, prove it.
[01:24:26.640 --> 01:24:28.640]  Can he prove it?
[01:24:28.640 --> 01:24:37.080]  Well, if in this situation, we don't have to prove it because they admitted it.
[01:24:37.080 --> 01:24:45.800]  Well, okay, I'm not, I'm missing something.
[01:24:45.800 --> 01:24:47.180]  Okay.
[01:24:47.180 --> 01:24:53.080]  They didn't produce some information and then they subsequently did produce some information
[01:24:53.080 --> 01:24:55.120]  that proved an issue.
[01:24:55.120 --> 01:24:57.920]  Do I understand that right?
[01:24:57.920 --> 01:25:05.360]  No, it proved, the information that they withheld proved that they had no rights to make the
[01:25:05.360 --> 01:25:07.960]  requests of the courts that they made.
[01:25:07.960 --> 01:25:10.720]  They did not have the right to do that.
[01:25:10.720 --> 01:25:11.720]  Okay.
[01:25:11.720 --> 01:25:17.480]  And then, so you're claiming that to get you to the due process violation that you're
[01:25:17.480 --> 01:25:21.640]  then coming back to force the U.S. court in 1983.
[01:25:21.640 --> 01:25:24.960]  Well, we're not actually going to 1983.
[01:25:24.960 --> 01:25:33.240]  The federal judge saw with what was in there, and it appears that the court clerk typed
[01:25:33.240 --> 01:25:41.080]  the order up or somebody typed it up and the judge hand wrote 1983 violation on it.
[01:25:41.080 --> 01:25:55.440]  Whoa, that's, that's not a 1983 violation, that's an 18 U.S. Code 242 violation which
[01:25:55.440 --> 01:25:57.440]  would invoke 1983.
[01:25:57.440 --> 01:25:58.440]  Correct.
[01:25:58.440 --> 01:26:01.480]  And 242 is in there.
[01:26:01.480 --> 01:26:02.480]  Okay.
[01:26:02.480 --> 01:26:06.880]  Let me explain to folks what we meant by that.
[01:26:06.880 --> 01:26:10.680]  The Ku Klux Klan Act, both of these are part of the Ku Klux Klan Act.
[01:26:10.680 --> 01:26:15.920]  And you've heard me quote official oppression on probably a thousand times.
[01:26:15.920 --> 01:26:21.840]  And this is 18 U.S. Code 242 for public official acting under the color or pretense of an official
[01:26:21.840 --> 01:26:26.240]  capacity to exert, to purports to exert an authority he doesn't expressly have or fails
[01:26:26.240 --> 01:26:30.880]  to perform a duty he's required to perform in the process, not citizen, form free access
[01:26:30.880 --> 01:26:33.040]  to or enjoyment of a right.
[01:26:33.040 --> 01:26:34.040]  That's a crime.
[01:26:34.040 --> 01:26:37.040]  That's 18 U.S. Code 242.
[01:26:37.040 --> 01:26:45.880]  And the action against you under 242 would create a cause of action under 42 U.S. Code
[01:26:45.880 --> 01:26:46.880]  1983.
[01:26:46.880 --> 01:26:51.880]  I hope that makes sense to everybody how we're getting there.
[01:26:51.880 --> 01:27:00.400]  And if the judge mentioned 42 U.S. Code 1983, he tacitly claimed a violation of 18 U.S.
[01:27:00.400 --> 01:27:03.320]  Code 242, which is criminal.
[01:27:03.320 --> 01:27:04.320]  Correct.
[01:27:04.320 --> 01:27:07.360]  So don't take it to preponderance.
[01:27:07.360 --> 01:27:13.120]  You'd better prove it beyond any reasonable doubt, or it's like we've done for the last
[01:27:13.120 --> 01:27:20.240]  couple of decades is we put this together to mean an absolution.
[01:27:20.240 --> 01:27:24.000]  To mean an absolution?
[01:27:24.000 --> 01:27:28.080]  There is no reasonable doubt.
[01:27:28.080 --> 01:27:31.080]  It's like having a videotape.
[01:27:31.080 --> 01:27:36.520]  And 500 witnesses on 500 videotapes showing the crime committed.
[01:27:36.520 --> 01:27:37.520]  Okay.
[01:27:37.520 --> 01:27:40.240]  So what do you do with that?
[01:27:40.240 --> 01:27:42.760]  Do you do a 1983 suit?
[01:27:42.760 --> 01:27:44.800]  Do you do a criminal complaint in the Fed?
[01:27:44.800 --> 01:27:47.080]  How do you address that?
[01:27:47.080 --> 01:27:56.200]  You just go with your regular suit, and when they walk in and the bank's attorneys walk
[01:27:56.200 --> 01:28:01.000]  in and claim, well, we got rights, no, you don't have rights.
[01:28:01.000 --> 01:28:02.000]  You lied.
[01:28:02.000 --> 01:28:03.000]  Go to jail.
[01:28:03.000 --> 01:28:04.000]  Okay.
[01:28:04.000 --> 01:28:05.000]  So that...
[01:28:05.000 --> 01:28:11.760]  You're going to lose it to trial court, you're going to lose it to appellate court, and you
[01:28:11.760 --> 01:28:17.120]  better be prepared for that, and you better be prepared to bring it to SCOTUS under an
[01:28:17.120 --> 01:28:22.000]  argument that they're going to want to hear.
[01:28:22.000 --> 01:28:28.040]  And therein lies the rub, finding the argument they're going to want to hear.
[01:28:28.040 --> 01:28:38.600]  That we're pretty certain that we've already done, because if not, the rough brief was
[01:28:38.600 --> 01:28:45.380]  filed, and it was timely filed, and the court sent it back and said, we want it bound properly.
[01:28:45.380 --> 01:28:52.480]  So the people that bind this do this regularly for the United States Supreme Court, and they
[01:28:52.480 --> 01:29:00.360]  find the argument carries a tremendous amount of value, and they think the Supreme Court
[01:29:00.360 --> 01:29:06.040]  will take it, because this is not only a crime against the person, it is a crime against
[01:29:06.040 --> 01:29:21.760]  the country, because the withheld information proves that they tried to defraud Jenny Mae.
[01:29:21.760 --> 01:29:29.120]  And then they went and amplified it by following a second assignment from countrywide to a
[01:29:29.120 --> 01:29:30.120] ...
[01:29:30.120 --> 01:29:34.480]  Okay, Huck, hold on, we're about to go to break, I'm wondering how they defrauded Jenny
[01:29:34.480 --> 01:29:35.480]  Mae.
[01:29:35.480 --> 01:29:40.920]  Jenny Mae backs the tools, and I'd like to get some good information on that.
[01:29:40.920 --> 01:29:41.920]  Hang on.
[01:29:41.920 --> 01:29:48.200]  Randy Kelton, David Stevens, U of R radio, I call it number 512-646-1984, Mark, I see
[01:29:48.200 --> 01:29:56.880]  you there, and I will make sure we get to you, so hang on, we'll be right back.
[01:29:56.880 --> 01:30:07.440]  Yowza, getting burned is a painful experience, and the aftermath can include blistering and
[01:30:07.440 --> 01:30:08.440]  an ugly scar.
[01:30:08.440 --> 01:30:11.680]  An unconventional home remedy could deliver welcome relief.
[01:30:11.680 --> 01:30:16.000]  I'm Dr. Catherine Albrecht, and I'll be back to tell you why some burn victims are turning
[01:30:16.000 --> 01:30:18.000]  to the pantry.
[01:30:18.000 --> 01:30:19.560]  Privacy is under attack.
[01:30:19.560 --> 01:30:23.960]  When you give up data about yourself, you'll never get it back again, and once your privacy
[01:30:23.960 --> 01:30:27.960]  is gone, you'll find your freedoms will start to vanish too.
[01:30:27.960 --> 01:30:33.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:33.000 --> 01:30:35.720]  Privacy, it's worth hanging on to.
[01:30:35.720 --> 01:30:40.000]  This public service announcement is brought to you by StartPage.com, the private search
[01:30:40.000 --> 01:30:43.520]  engine alternative to Google, Yahoo, and Bing.
[01:30:43.520 --> 01:30:46.560]  Start over with StartPage.
[01:30:46.560 --> 01:30:51.080]  My friend Liz burned her arm in a cast iron pan the other day, ouch.
[01:30:51.080 --> 01:30:55.160]  She ran cold water over the burn, but the pain remains, plus she was concerned about
[01:30:55.160 --> 01:30:56.160]  blisters.
[01:30:56.160 --> 01:30:58.000]  So she turned to the internet for advice.
[01:30:58.000 --> 01:31:03.440]  There she stumbled on a seemingly crazy home remedy suggested by the People's Pharmacy,
[01:31:03.440 --> 01:31:04.440]  cold yellow mustard.
[01:31:04.440 --> 01:31:08.240]  She applied mustard to the burn, and the pain stopped right away.
[01:31:08.240 --> 01:31:13.240]  Then she bandaged the area, and the next day she was pain free with no blisters.
[01:31:13.240 --> 01:31:17.800]  Serious burns require a trip to the doctor or the hospital, but for minor burns you might
[01:31:17.800 --> 01:31:20.080]  want to give common yellow mustard a try.
[01:31:20.080 --> 01:31:21.080]  It seems to work.
[01:31:21.080 --> 01:31:30.760]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:30.760 --> 01:31:36.120]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.120 --> 01:31:41.560]  The government says that fire brought it down, however, 1,500 architects and engineers concluded
[01:31:41.560 --> 01:31:43.200]  it was a controlled demolition.
[01:31:43.200 --> 01:31:47.280]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:31:47.280 --> 01:31:48.640]  first responders are dying.
[01:31:48.640 --> 01:31:52.440]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correctional,
[01:31:52.440 --> 01:31:57.200]  I'm an Air Force pilot, I'm a father who lost his son, we're Americans, and we deserve
[01:31:57.200 --> 01:31:58.200]  the truth.
[01:31:58.200 --> 01:31:59.200]  Go to RememberBuilding7.org today.
[01:31:59.200 --> 01:32:03.000]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.000 --> 01:32:06.280]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.280 --> 01:32:09.960]  Come on, we all know the government caused it with their chemtrails, but good luck getting
[01:32:09.960 --> 01:32:10.960]  them to pay for it.
[01:32:10.960 --> 01:32:14.520]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.520 --> 01:32:18.320]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for
[01:32:18.320 --> 01:32:21.080]  you with little to no out-of-pocket expense.
[01:32:21.080 --> 01:32:22.080]  And we accept Bitcoin.
[01:32:22.080 --> 01:32:26.680]  As a multi-year A-plus member of the Better Business Bureau with zero complaints, you
[01:32:26.680 --> 01:32:31.080]  can trust Hill Country Home Improvements to handle your claim and your roof right the
[01:32:31.080 --> 01:32:32.080]  first time.
[01:32:32.080 --> 01:32:40.760]  Just call 512-992-8745, or go to hillcountryhomeimprovements.com, mention the crypto show, and get $100 off,
[01:32:40.760 --> 01:32:45.080]  and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.080 --> 01:32:50.520]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.520 --> 01:32:56.600]  That's 512-992-8745, or hillcountryhomeimprovements.com.
[01:32:56.600 --> 01:32:58.480]  Discounts are based on full roof replacement.
[01:32:58.480 --> 01:33:00.880]  May not actually be kidding about chemtrails.
[01:33:00.880 --> 01:33:10.880]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:30.880 --> 01:34:00.040]  Okay.
[01:34:00.040 --> 01:34:01.040]  We are back.
[01:34:01.040 --> 01:34:06.080]  We're in DeKalb and Dem Stevens Wheelbarrow Radio, and we're talking to James in Texas.
[01:34:06.080 --> 01:34:11.200]  And James, where were we?
[01:34:11.200 --> 01:34:15.880]  There was an issue I wanted to go to, but I lost it on the break.
[01:34:15.880 --> 01:34:16.880]  Okay.
[01:34:16.880 --> 01:34:17.880]  Oh, okay.
[01:34:17.880 --> 01:34:18.880]  Oh, James.
[01:34:18.880 --> 01:34:19.880]  Oh, oh, oh.
[01:34:19.880 --> 01:34:20.880]  Ginnie Mae.
[01:34:20.880 --> 01:34:21.880]  Ginnie Mae.
[01:34:21.880 --> 01:34:27.160]  How did they defraud Ginnie Mae?
[01:34:27.160 --> 01:34:33.680]  The method and means that they defrauded Ginnie Mae was, in the beginning, you have to look
[01:34:33.680 --> 01:34:37.240]  at UCC 3203 subsection delta.
[01:34:37.240 --> 01:34:44.520]  They defrauded Ginnie Mae by selling them the intangible, then if you apply 3203 delta,
[01:34:44.520 --> 01:34:49.560]  they couldn't sit there and negotiate the note to them, and the mortgage has to follow
[01:34:49.560 --> 01:34:50.560]  the note.
[01:34:50.560 --> 01:34:56.400]  Wait, you said they negotiated it to Ginnie Mae?
[01:34:56.400 --> 01:34:59.280]  Or they negotiated it to the PSA?
[01:34:59.280 --> 01:35:06.440]  They sold the payment intangible to Ginnie Mae, then the note was not eligible for negotiation.
[01:35:06.440 --> 01:35:07.440]  Okay.
[01:35:07.440 --> 01:35:11.480]  We have misunderstanding something about Ginnie Mae.
[01:35:11.480 --> 01:35:17.520]  It was my understanding that Ginnie Mae merely indemnifies the note, but doesn't actually
[01:35:17.520 --> 01:35:20.120]  hold it.
[01:35:20.120 --> 01:35:25.760]  So explain why there's an assignment of the mortgage from Countrywide Home Loans directly
[01:35:25.760 --> 01:35:32.880]  to Ginnie Mae, and that comports with the selling and servicing guidelines.
[01:35:32.880 --> 01:35:44.280]  Well, the Ginnie Mae manual requires that all the documentation be given to a commitment
[01:35:44.280 --> 01:35:50.920]  officer for Ginnie Mae, and that's normally the document custodian who becomes the servicer,
[01:35:50.920 --> 01:35:55.320]  but I have never seen an assignment to Ginnie Mae.
[01:35:55.320 --> 01:35:56.320]  That is unusual.
[01:35:56.320 --> 01:36:03.920]  Yes, it is, then 14 years later, the bank comes back and says, we got a right by this
[01:36:03.920 --> 01:36:11.560]  assignment from Countrywide Home Loans to the bank after it's already been assigned
[01:36:11.560 --> 01:36:12.560]  to Ginnie Mae.
[01:36:12.560 --> 01:36:17.960]  Oh, so they're trying to claim property that belongs to Ginnie Mae.
[01:36:17.960 --> 01:36:19.960]  Correct.
[01:36:19.960 --> 01:36:26.400]  Which is a government agency, and that's the Florida government agency, wonderful.
[01:36:26.400 --> 01:36:31.120]  And what I'll do is I'll send you the rough draft of what's going to SCOTUS and let you
[01:36:31.120 --> 01:36:37.480]  read it for yourself because it took 180 degrees from where everybody thinks it went to because
[01:36:37.480 --> 01:36:42.920]  it went to a Brady's violation, and it's on its way to you now.
[01:36:42.920 --> 01:36:43.920]  Wonderful.
[01:36:43.920 --> 01:36:47.600]  I would very much like to look at that.
[01:36:47.600 --> 01:36:52.800]  I won't be able to get to it before tomorrow, but when you call in next week, I would like
[01:36:52.800 --> 01:36:58.360]  to talk about this in more detail when I have more information so I can...
[01:36:58.360 --> 01:37:02.280]  Probably Thursday of next week, I'll have more information too.
[01:37:02.280 --> 01:37:03.280]  All right.
[01:37:03.280 --> 01:37:04.280]  Thank you, James.
[01:37:04.280 --> 01:37:05.280]  Okay.
[01:37:05.280 --> 01:37:06.280]  Bye.
[01:37:06.280 --> 01:37:07.280]  Okay.
[01:37:07.280 --> 01:37:09.360]  Now we're going to go to Mark in Texas.
[01:37:09.360 --> 01:37:10.360]  Hello, Mark.
[01:37:10.360 --> 01:37:13.160]  You wanted to ask us some questions about procedure.
[01:37:13.160 --> 01:37:14.160]  Yeah.
[01:37:14.160 --> 01:37:15.160]  Hey, Randy.
[01:37:15.160 --> 01:37:18.080]  It's good to talk to you again.
[01:37:18.080 --> 01:37:23.360]  We were speaking last week about the plea to the jurisdiction, and I was hoping that
[01:37:23.360 --> 01:37:28.920]  I might be able to put off my hearing, which I have on Tuesday, and I made a motion to
[01:37:28.920 --> 01:37:33.640]  do that just because I'm not really able to afford to go.
[01:37:33.640 --> 01:37:37.320]  I thought of also going to a friend or something and show up anyway.
[01:37:37.320 --> 01:37:39.760]  I suppose the judge didn't hear that.
[01:37:39.760 --> 01:37:45.800]  So I'm in a situation where I'm going to have to appear and argue this motion that you were
[01:37:45.800 --> 01:37:49.200]  saying I probably shouldn't because there's no point in fighting when you've got something
[01:37:49.200 --> 01:37:50.200]  that's very simple.
[01:37:50.200 --> 01:37:51.200]  Okay.
[01:37:51.200 --> 01:37:52.200]  Well, you still have...
[01:37:52.200 --> 01:37:53.200]  Okay.
[01:37:53.200 --> 01:37:57.040]  If you have a challenge subject matter of jurisdiction, you make sure that's addressed
[01:37:57.040 --> 01:37:59.080]  first.
[01:37:59.080 --> 01:38:06.040]  But if the court denies your challenge, then you still have to go ahead and argue whatever
[01:38:06.040 --> 01:38:07.640]  is before the court.
[01:38:07.640 --> 01:38:11.360]  And there are some guys out there saying that you give the court jurisdiction and that's
[01:38:11.360 --> 01:38:14.840]  horse manure.
[01:38:14.840 --> 01:38:19.320]  In case you get a ruling that says he does have jurisdiction, you can't waive all your
[01:38:19.320 --> 01:38:20.320]  other arguments.
[01:38:20.320 --> 01:38:22.600]  So you go ahead and make those arguments.
[01:38:22.600 --> 01:38:29.000]  To anyone who says that there's something you can do to give a court subject matter
[01:38:29.000 --> 01:38:34.320]  of jurisdiction, nonsense.
[01:38:34.320 --> 01:38:39.480]  You got a ticket and you think the judge is a scoundrel, so I'll tell you what, appoint
[01:38:39.480 --> 01:38:40.480]  me to be a judge.
[01:38:40.480 --> 01:38:41.480]  I'll be the judge for you.
[01:38:41.480 --> 01:38:43.480]  Will that be okay with you?
[01:38:43.480 --> 01:38:44.480]  No.
[01:38:44.480 --> 01:38:48.760]  There's not anything you can do to give me subject matter of jurisdiction to hear that
[01:38:48.760 --> 01:38:49.760]  case.
[01:38:49.760 --> 01:38:50.760]  Right.
[01:38:50.760 --> 01:38:53.140]  Now I see what you're saying.
[01:38:53.140 --> 01:38:57.280]  So if that judge don't have subject matter of jurisdiction, there's nothing you can do
[01:38:57.280 --> 01:38:58.600]  to give it to him.
[01:38:58.600 --> 01:39:00.520]  You can't waive anything.
[01:39:00.520 --> 01:39:03.640]  In personum jurisdiction, you can give it.
[01:39:03.640 --> 01:39:06.920]  Subject matter, you can never give him subject matter of jurisdiction.
[01:39:06.920 --> 01:39:11.760]  So go ahead and once you've made the subject matter of jurisdiction challenge and absolutely
[01:39:11.760 --> 01:39:14.680]  argue your other issues.
[01:39:14.680 --> 01:39:20.280]  So hearing Tuesday, I need to make a plea to the jurisdiction tomorrow and you were
[01:39:20.280 --> 01:39:26.880]  saying there was one document, like a restraining order, I could ask the court to issue an order
[01:39:26.880 --> 01:39:31.200]  of restraint and decide on this before the hearing, something like that?
[01:39:31.200 --> 01:39:32.200]  Yes.
[01:39:32.200 --> 01:39:35.600]  An emergency restraining order.
[01:39:35.600 --> 01:39:44.560]  If you have more than 15 days, then you ask for a restraining order and that gives the
[01:39:44.560 --> 01:39:50.200]  court time to set an evidentiary hearing on your request for restraining order and it
[01:39:50.200 --> 01:39:56.720]  gives time to give the other party notice so that they can appear and argue their side.
[01:39:56.720 --> 01:40:04.000]  If you don't have 15 days, then you ask for an emergency restraining order and an emergency
[01:40:04.000 --> 01:40:13.800]  restraining order can only buy you 15 days to give time to set an evidentiary hearing
[01:40:13.800 --> 01:40:21.920]  on the restraining order because the other side has to have notice.
[01:40:21.920 --> 01:40:27.800]  So at the restraining order hearing, then you would argue why the court should delay
[01:40:27.800 --> 01:40:32.680]  ruling on the motion before the court until the issue of subject matter of jurisdiction
[01:40:32.680 --> 01:40:33.680]  has been resolved.
[01:40:33.680 --> 01:40:34.680]  Okay.
[01:40:34.680 --> 01:40:35.680]  That's what I was going to ask.
[01:40:35.680 --> 01:40:36.680]  I mean, what does it need to be?
[01:40:36.680 --> 01:40:41.840]  It needs to be a motion for an emergency restraining order.
[01:40:41.840 --> 01:40:50.680]  I'm pleading or asking the court to delay ruling on the motion before the court.
[01:40:50.680 --> 01:40:57.240]  Just long enough to set an evidentiary hearing for a restraining order.
[01:40:57.240 --> 01:40:58.240]  Okay.
[01:40:58.240 --> 01:40:59.240]  Okay.
[01:40:59.240 --> 01:41:04.560]  Let me be sure I have this.
[01:41:04.560 --> 01:41:05.560]  I'm so sorry.
[01:41:05.560 --> 01:41:08.840]  You're saving my bacon.
[01:41:08.840 --> 01:41:14.720]  Just do an internet search on Texas restraining order or Texas emergency restraining order
[01:41:14.720 --> 01:41:19.120]  and you should get some examples of filings.
[01:41:19.120 --> 01:41:28.560]  If you have access to O'Connor's or if you're near a legal library, go into O'Connor's
[01:41:28.560 --> 01:41:33.680]  and ask the clerk if they have O'Connor's forms.
[01:41:33.680 --> 01:41:35.880]  As a matter of fact, send me an email.
[01:41:35.880 --> 01:41:39.680]  I am remiss for not already sending you this.
[01:41:39.680 --> 01:41:44.480]  I have an old copy of O'Connor's forms.
[01:41:44.480 --> 01:41:47.520]  It would be better if you could get a new copy.
[01:41:47.520 --> 01:41:52.200]  O'Connor's forms, you can get a restraining order form, an emergency restraining order
[01:41:52.200 --> 01:41:54.480]  form.
[01:41:54.480 --> 01:42:04.440]  Never ever write a motion or pleading from scratch if there's any way you can avoid it.
[01:42:04.440 --> 01:42:11.400]  If you're in Texas and you're going to write a motion or a pleading, always go to O'Connor's.
[01:42:11.400 --> 01:42:17.720]  O'Connor's is the primary litigation guide in Texas.
[01:42:17.720 --> 01:42:25.000]  Every time a lawyer gives a judge a petition for a restraining order, it always looks exactly
[01:42:25.000 --> 01:42:34.800]  the same because everybody uses O'Connor's forms so that the judge sees all the basic
[01:42:34.800 --> 01:42:37.200]  case law where he expects to see it.
[01:42:37.200 --> 01:42:43.320]  He sees all of the arguments in the exact order he expects to see them.
[01:42:43.320 --> 01:42:44.320]  He sees this.
[01:42:44.320 --> 01:42:46.320]  He don't have to pay attention to all that stuff.
[01:42:46.320 --> 01:42:49.920]  He goes down to the meat of the motion.
[01:42:49.920 --> 01:42:58.160]  If you give this judge a motion you wrote from scratch, he is really going to be annoyed
[01:42:58.160 --> 01:43:04.720]  because now he's got to read every word of it and that's going to give him a headache.
[01:43:04.720 --> 01:43:10.360]  He may be as honest as the day is long but he's going to be PO'd at you and he's a human
[01:43:10.360 --> 01:43:15.840]  being and that's going to prejudice him against you even if he wants to be honest.
[01:43:15.840 --> 01:43:19.200]  You give him a bunch of case law he's never seen before.
[01:43:19.200 --> 01:43:21.800]  He's not going to be happy.
[01:43:21.800 --> 01:43:27.040]  So you give him O'Connor's forms and fill in the blanks.
[01:43:27.040 --> 01:43:31.600]  I'll tell you a quick story about that when we come back on the other side that will illustrate
[01:43:31.600 --> 01:43:35.120]  why it is so important to do it this way.
[01:43:35.120 --> 01:43:36.120]  Hang on.
[01:43:36.120 --> 01:43:39.120]  Randy Kelton and Deborah Stevens, Read the Law Radio.
[01:43:39.120 --> 01:43:49.520]  I'll give out the caller number but we'll go into the last segment and it's 512-646-1984.
[01:43:49.520 --> 01:43:51.960]  Make sure you listen tomorrow night for our four hour info marathon.
[01:43:51.960 --> 01:43:53.640]  You'll be more timed in.
[01:43:53.640 --> 01:43:54.640]  Hang on.
[01:43:54.640 --> 01:44:00.440]  We'll be right back.
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[01:46:20.320 --> 01:46:38.040]  Okay.
[01:46:38.040 --> 01:46:39.040]  We are back.
[01:46:39.040 --> 01:46:45.840]  Randy Kelton, Debra Stevens, Rule of Law Radio, we're talking to Mark in Texas and I have
[01:46:45.840 --> 01:46:52.760]  a friend, Ken Magnuson, who needed a restraining order and he wrote one, sent it to me and
[01:46:52.760 --> 01:46:59.880]  Ken is my civil strategy go to guy, so he's savvy, he really knows law.
[01:46:59.880 --> 01:47:03.520]  So I read it and he called me and said, what do you think, it's a piece of crap, Ken.
[01:47:03.520 --> 01:47:04.520]  He said, do you think you could do better?
[01:47:04.520 --> 01:47:05.520]  I said, darn right, Ken.
[01:47:05.520 --> 01:47:12.640]  So he sent it to me, I wrote it up, sent it back to him, he went to court with it, the
[01:47:12.640 --> 01:47:16.440]  lawyer on the other side showed up, they went in, he got the restraining order, they came
[01:47:16.440 --> 01:47:19.160]  out, the lawyer said, are you an attorney?
[01:47:19.160 --> 01:47:22.360]  And he said, no, but my brother is.
[01:47:22.360 --> 01:47:24.880]  He said, did you write this?
[01:47:24.880 --> 01:47:32.520]  He said, well, I had some help and the lawyer said, why, this is very good.
[01:47:32.520 --> 01:47:37.080]  And when Ken told me that, I was thinking, what the heck?
[01:47:37.080 --> 01:47:43.840]  I took O'Connor's forms and filled in the blanks, but I didn't tell Ken that.
[01:47:43.840 --> 01:47:47.600]  It took me a while to realize what went on here.
[01:47:47.600 --> 01:47:53.280]  They generally give the young lawyers the process because they're easy to handle.
[01:47:53.280 --> 01:47:58.000]  And the young lawyer comes in there and he sees Ken's motion and he looks at it and
[01:47:58.000 --> 01:48:03.080]  said, holy crap, that looks exactly like the ones we file.
[01:48:03.080 --> 01:48:11.880]  He didn't know about O'Connor's yet and Ken got the motion because the judge looked
[01:48:11.880 --> 01:48:15.920]  at it and it looked like a lawyer wrote it.
[01:48:15.920 --> 01:48:25.520]  I tell people, never use this stock patriot terminology, man on the land and all that
[01:48:25.520 --> 01:48:27.120]  stuff.
[01:48:27.120 --> 01:48:30.440]  Make your document look like a lawyer wrote it.
[01:48:30.440 --> 01:48:34.960]  The only way you want a judge to know a lawyer didn't write it is it doesn't have a lawyer
[01:48:34.960 --> 01:48:37.280]  signature at the bottom.
[01:48:37.280 --> 01:48:41.840]  And the way to accomplish that, get O'Connor's forms.
[01:48:41.840 --> 01:48:47.120]  Any motion, any pleading you want to file, there's an O'Connor's forms for that.
[01:48:47.120 --> 01:48:50.080]  And it's just fill in the blanks.
[01:48:50.080 --> 01:48:57.400]  Take out the sections, it'll have four paragraphs, each one for a different possibility.
[01:48:57.400 --> 01:49:00.200]  You just take out the ones that don't apply.
[01:49:00.200 --> 01:49:06.800]  Fill in the blanks, 99, no, 95% of your work is done for you already.
[01:49:06.800 --> 01:49:09.440]  That's incredible.
[01:49:09.440 --> 01:49:14.080]  So if I might, just to recap, this is something I'm going to be going on right now.
[01:49:14.080 --> 01:49:18.120]  I would like the judge to rule I'm not pleading the jurisdiction as it sets the record for
[01:49:18.120 --> 01:49:19.120]  appeal.
[01:49:19.120 --> 01:49:24.880]  If nothing more, any may very well focus out because on its face value, we have a melody
[01:49:24.880 --> 01:49:28.320]  and as far as I can go...
[01:49:28.320 --> 01:49:31.240]  Can you move the mic a little farther from your mouth?
[01:49:31.240 --> 01:49:33.640]  Sure, sorry, sorry.
[01:49:33.640 --> 01:49:39.200]  So what I was saying is, just to be sure I understand why, the move needs to make a motion
[01:49:39.200 --> 01:49:43.600]  for an emergency restraining order and I'm going to ask the judge to delay ruling on
[01:49:43.600 --> 01:49:51.080]  the motion before the court until the court has decided the issue of subject matter jurisdiction.
[01:49:51.080 --> 01:49:53.800]  And then I need to make a plea to the jurisdiction.
[01:49:53.800 --> 01:50:01.160]  Okay, one more thing, you need a motion for emergency restraining order and a motion for
[01:50:01.160 --> 01:50:03.600]  restraining order.
[01:50:03.600 --> 01:50:09.360]  You give them both to the court at the same time and you're essentially saying, I needed
[01:50:09.360 --> 01:50:13.560]  an emergency restraining order for these reasons.
[01:50:13.560 --> 01:50:20.000]  I need emergency, I need a 15-day stay so that we have time to hear this other motion
[01:50:20.000 --> 01:50:24.920]  over here, this motion for permanent restraining order.
[01:50:24.920 --> 01:50:31.400]  So in the emergency, you show why it's an emergency and you need that extra 15 days.
[01:50:31.400 --> 01:50:35.720]  And then in the restraining order, you show why you need essentially a permanent restraining
[01:50:35.720 --> 01:50:40.800]  order until this other matter can be resolved.
[01:50:40.800 --> 01:50:42.800]  Does that make sense?
[01:50:42.800 --> 01:50:47.680]  Yes, basically saying they're used in different ways.
[01:50:47.680 --> 01:50:53.560]  The motion for the restraining order, we restrain the court from ruling on the motion and even
[01:50:53.560 --> 01:50:59.440]  though there's a hearing scheduled until the issue of subject matter jurisdiction is decided
[01:50:59.440 --> 01:51:05.760]  and then a 15-day stay with respect to the emergency restraining order so that the court
[01:51:05.760 --> 01:51:09.920]  will have time to hear this additional motion.
[01:51:09.920 --> 01:51:10.920]  Exactly.
[01:51:10.920 --> 01:51:17.560]  Okay, and that buys a little more time perhaps.
[01:51:17.560 --> 01:51:21.840]  I probably am going to go on for this.
[01:51:21.840 --> 01:51:26.680]  If you go to O'Connor's, everything you need will be there.
[01:51:26.680 --> 01:51:34.120]  The only thing you'll have to construct are the facts and the law specific to this particular
[01:51:34.120 --> 01:51:37.160]  issue, everything else I've already done for you.
[01:51:37.160 --> 01:51:41.320]  Well, I got some great sleet of the jurisdiction material recently.
[01:51:41.320 --> 01:51:46.920]  I'm very, very grateful for the person who sent me that, I've got to say.
[01:51:46.920 --> 01:51:53.200]  I sent you my sleet of jurisdiction, but somehow I've got another folder somewhere I couldn't
[01:51:53.200 --> 01:51:55.360]  find that has a whole bunch of stuff in it.
[01:51:55.360 --> 01:51:57.760]  What I sent you didn't have much.
[01:51:57.760 --> 01:52:03.840]  I know I have something somewhere, I just, I must have misplaced it.
[01:52:03.840 --> 01:52:12.120]  I'm concerned that I sent it to somebody instead of copying it, I moved it, but I've got a
[01:52:12.120 --> 01:52:14.680]  whole lot more than what I sent you.
[01:52:14.680 --> 01:52:15.680]  Sure.
[01:52:15.680 --> 01:52:18.000]  So my apology for not sending you very much.
[01:52:18.000 --> 01:52:23.200]  I want to say, maybe the people is welcome, I still have a basic template.
[01:52:23.200 --> 01:52:30.600]  This is not a difficult matter to put in front of the judge, but I do believe I need some
[01:52:30.600 --> 01:52:36.480]  cases in which it's found the way I want it to go, cited in my motion call.
[01:52:36.480 --> 01:52:44.560]  Okay, you can go to the legal library and research there, but frankly, I find plagiarism
[01:52:44.560 --> 01:52:51.320]  a very valuable tool, and in law it's perfectly acceptable.
[01:52:51.320 --> 01:52:54.880]  On the internet, I just do an internet search.
[01:52:54.880 --> 01:53:00.520]  I seldom ever have a need to go to Lexis or Westlaw.
[01:53:00.520 --> 01:53:05.840]  The only thing I need it for is to shepherdize a case.
[01:53:05.840 --> 01:53:08.640]  Do you know what shepherds is?
[01:53:08.640 --> 01:53:13.520]  I want to ask you this, what terms might make sense?
[01:53:13.520 --> 01:53:17.800]  It's very hard to find a case in which someone files something that's essential in the patient,
[01:53:17.800 --> 01:53:19.880]  then pull it further, and it's then-
[01:53:19.880 --> 01:53:21.000]  Okay, hold on.
[01:53:21.000 --> 01:53:23.520]  Let me explain shepherds.
[01:53:23.520 --> 01:53:29.400]  When you get case law, when you cite case law, especially the primary case law that
[01:53:29.400 --> 01:53:33.400]  you're depending on, you need to shepherdize it.
[01:53:33.400 --> 01:53:40.160]  And shepherdizing it, that's a service that will give you any cases that reference this
[01:53:40.160 --> 01:53:47.160]  case, especially cases that distinguish it, cases that overturned it.
[01:53:47.160 --> 01:53:51.160]  You don't want a side of case that's been overturned.
[01:53:51.160 --> 01:53:55.840]  So you probably have to go to the legal library to shepherdize your cases.
[01:53:55.840 --> 01:54:00.320]  Once you have your arguments pretty well in order, then you might want to go down to the
[01:54:00.320 --> 01:54:06.160]  legal library and get on their shepherds and shepherdize these cases to make sure all your
[01:54:06.160 --> 01:54:08.160]  cases are still good.
[01:54:08.160 --> 01:54:10.160]  Okay.
[01:54:10.160 --> 01:54:11.160]  Okay, go ahead.
[01:54:11.160 --> 01:54:12.160]  I interrupted you.
[01:54:12.160 --> 01:54:15.160]  That helps, I suppose, in many ways.
[01:54:15.160 --> 01:54:18.160]  It just might make sense to use cases that are more weak.
[01:54:18.160 --> 01:54:22.160]  I'm kind of in a hurry, but I still want to do it right.
[01:54:22.160 --> 01:54:24.160]  And here's a question.
[01:54:24.160 --> 01:54:31.160]  Let's say, hypothetically, and potentially likely, if I fail to do this, if I fail, it
[01:54:31.160 --> 01:54:33.160]  will be only because of my pride.
[01:54:33.160 --> 01:54:35.160]  I'm going to do that.
[01:54:35.160 --> 01:54:40.160]  Wait a minute, hold on, I'm having a terrible time understanding you.
[01:54:40.160 --> 01:54:42.160]  There's something, there's not a good connection.
[01:54:42.160 --> 01:54:44.160]  Can you talk a little slower?
[01:54:44.160 --> 01:54:46.160]  Sure, sorry.
[01:54:46.160 --> 01:54:48.160]  How about this?
[01:54:48.160 --> 01:54:52.160]  What's happening is your mic is gaining too much and it's distorting.
[01:54:52.160 --> 01:54:55.160]  So talk a little softer, a little slower.
[01:54:55.160 --> 01:54:59.160]  I'm old, I need slow.
[01:54:59.160 --> 01:55:00.160]  No problem.
[01:55:00.160 --> 01:55:04.160]  I think it's maybe a little better.
[01:55:04.160 --> 01:55:12.160]  What I'm wondering here is, as I look at these cases, if the judge could, I guess, simply
[01:55:12.160 --> 01:55:18.160]  deny my motion, if the judge does, that's just setting the record still.
[01:55:18.160 --> 01:55:24.160]  The argument sounds, as far as completing the jurisdiction from everything I've read
[01:55:24.160 --> 01:55:27.160]  and certainly from our discussion.
[01:55:27.160 --> 01:55:34.160]  But you're saying I should take whatever case law I find that I feel is relevant and I
[01:55:34.160 --> 01:55:39.160]  should subject it to shepherds which kind of will look at it in a more detailed way
[01:55:39.160 --> 01:55:41.160]  and make sure it's not overturned.
[01:55:41.160 --> 01:55:43.160]  Yes, to make sure it's not overturned.
[01:55:43.160 --> 01:55:53.160]  And when you do shepherds, look for case law that has cited your case and agrees with it.
[01:55:53.160 --> 01:55:58.160]  And look for case law that's, you know, sometimes they'll distinguish.
[01:55:58.160 --> 01:56:02.160]  They'll say this case law was made in this particular context.
[01:56:02.160 --> 01:56:07.160]  But in this slightly different context over here, it would apply differently.
[01:56:07.160 --> 01:56:12.160]  So you look for something that would distinguish it.
[01:56:12.160 --> 01:56:17.160]  And if you can find a case that distinguishes it closer to your case, wonderful.
[01:56:17.160 --> 01:56:19.160]  You want to cite that case.
[01:56:19.160 --> 01:56:26.160]  Or when you look at shepherds, you look at cases that have cited yours and you take that case
[01:56:26.160 --> 01:56:35.160]  and say this, my primary case as cited by and then you state the case that cited it.
[01:56:35.160 --> 01:56:40.160]  And that demonstrates to the court that this case has been followed by another court.
[01:56:40.160 --> 01:56:46.160]  That will give the case more relevance to the court.
[01:56:46.160 --> 01:56:48.160]  Does that make sense?
[01:56:48.160 --> 01:56:50.160]  Sure.
[01:56:50.160 --> 01:56:55.160]  And it gives you the newest cases on the subject.
[01:56:55.160 --> 01:56:57.160]  Oh, okay.
[01:56:57.160 --> 01:57:02.160]  Lawyers buy O'Connor's every time it's produced.
[01:57:02.160 --> 01:57:08.160]  And the reason they do that is all of these motions have standard case law in it.
[01:57:08.160 --> 01:57:16.160]  And if during the year or two years between publishing any of these case law changes,
[01:57:16.160 --> 01:57:19.160]  then O'Connor's will have all the new case law in it.
[01:57:19.160 --> 01:57:24.160]  Lawyers need to quote most current case law.
[01:57:24.160 --> 01:57:32.160]  You as a proc say you can quote older case law and it won't matter so long as it hasn't been overturned.
[01:57:32.160 --> 01:57:42.160]  But if a lawyer quotes 2010 case law in 2015, the judge is going to thump him.
[01:57:42.160 --> 01:57:45.160]  They need to stay on top of the latest case law.
[01:57:45.160 --> 01:57:48.160]  You as a proc say you don't have a problem with that.
[01:57:48.160 --> 01:57:55.160]  Not as bad, but the point is you want the latest case law you can find.
[01:57:55.160 --> 01:58:00.160]  And Shepard's is a good way to do that.
[01:58:00.160 --> 01:58:01.160]  Okay.
[01:58:01.160 --> 01:58:04.160]  We are out of time.
[01:58:04.160 --> 01:58:05.160]  Thank you, Mark.
[01:58:05.160 --> 01:58:09.160]  And keep us up to date on how this goes.
[01:58:09.160 --> 01:58:12.160]  This is going to be interesting.
[01:58:12.160 --> 01:58:15.160]  And I'm hoping to get my candle on, and maybe I'm on tomorrow night,
[01:58:15.160 --> 01:58:22.160]  because we want to talk about filing ethics complaints against lawyers,
[01:58:22.160 --> 01:58:26.160]  prosecutors and such, because they have to hire their own attorneys for them to do that.
[01:58:26.160 --> 01:58:29.160]  And I'm hoping we can have a discussion on that tomorrow night.
[01:58:29.160 --> 01:58:32.160]  This is Randy Kelton, Deborah Stevens, we have our radio.
[01:58:32.160 --> 01:58:36.160]  We will be back tomorrow night on our four-hour infold marathon.
[01:58:36.160 --> 01:58:40.160]  So if you had a question or comment, we'll have a lot more time tomorrow night.
[01:58:40.160 --> 01:58:41.160]  Give us a call.
[01:58:41.160 --> 01:58:44.160]  Thank you all for listening, and good night.
[01:59:11.160 --> 01:59:13.160]  We'll be right back.
[01:59:41.160 --> 01:59:52.160]  That's 888-551-0102 or visit us online at bfa.org.
[01:59:52.160 --> 02:00:12.160]  You're listening to the Logos Radio Network at logosradionetwork.com.