[00:00.000 --> 00:08.000]  The following use 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 alternatives.
[00:23.000 --> 00:29.000]  Markets for the 4th of June 2015 opened up with gold at $1,175.85 an ounce.
[00:29.000 --> 00:32.000]  Silver, $16.16 an ounce.
[00:32.000 --> 00:35.000]  Texas crude, $59.64 a barrel.
[00:35.000 --> 00:45.000]  And Bitcoin is currently sitting at about 225 U.S. currency.
[00:45.000 --> 00:50.000]  Today in history, Monday, June 4th, 1984, scientists at the University of California,
[00:50.000 --> 00:55.000]  Berkeley, analyzed and cloned fragments of the genes from an extinct animal, the quagga,
[00:55.000 --> 00:57.000]  a relative of the zebra and the horse.
[00:57.000 --> 01:01.000]  It was essentially the first extinct animal to have its DNA analyzed and aspects of the
[01:01.000 --> 01:03.000]  DNA even cloned.
[01:03.000 --> 01:12.000]  It's this study that essentially launched the field of ancient DNA analysis.
[01:12.000 --> 01:17.000]  In recent news, roughly 130,000 people got together at Hong Kong's Victoria Park to
[01:17.000 --> 01:21.000]  commemorate the 26-year anniversary of the Tiananmen Square Massacre, where hundreds,
[01:21.000 --> 01:25.000]  if not thousands, of students were shot at and murdered by the Chinese army for calling
[01:25.000 --> 01:27.000]  for democracy.
[01:27.000 --> 01:29.000]  The protest started on April 15th.
[01:29.000 --> 01:32.000]  They were followed by martial law being declared on the 20th of May.
[01:32.000 --> 01:36.000]  This militarized buildup led to the shooting of civilians and students blocking the military
[01:36.000 --> 01:38.000]  from getting into the square on June 3rd.
[01:38.000 --> 01:45.000]  Bodies were picked up and removed on the 4th.
[01:45.000 --> 01:49.000]  Documents shared with the New York Times and ProPublica provided by Edward Snowden reveal
[01:49.000 --> 01:53.000]  that without public notice or debate, the Obama administration expanded the National
[01:53.000 --> 01:57.000]  Security Agency's warrantless surveillance of Americans' international Internet traffic
[01:57.000 --> 01:59.000]  to search for evidence of computer hacking.
[01:59.000 --> 02:04.000]  In mid-2012, Justice Department lawyers wrote two secret memos permitting the spy agency
[02:04.000 --> 02:09.000]  to begin monitoring Internet traffic without a warrant for data linked to computer hacking
[02:09.000 --> 02:19.000]  originating offshore but also included traffic flowing to suspicious Internet addresses.
[02:19.000 --> 02:24.000]  Subway recently announced that it will remove all artificial colors, flavors, and preservatives
[02:24.000 --> 02:28.000]  from its menu items, including sandwiches, soups, salads, and cookies across North America
[02:28.000 --> 02:30.000]  over the next 18 months.
[02:30.000 --> 02:34.000]  This comes along with other food chains like Chipotle, McDonald's, Taco Bell, Pizza Hut,
[02:34.000 --> 02:42.000]  and Panera Bread, who have announced similar initiatives.
[02:42.000 --> 02:45.000]  The Lone Star Lowdown is currently looking for sponsors.
[02:45.000 --> 02:48.000]  If you have a product or a service that you'd like to advertise in the Lowdown, feel free
[02:48.000 --> 02:53.000]  to give us a call at 210-863-5617.
[02:53.000 --> 03:21.000]  This has been your Lowdown for June 4, 2015.
[03:23.000 --> 03:50.000]  Thank you for watching.
[03:53.000 --> 04:20.000]  See you next time.
[04:23.000 --> 04:46.000]  Okay, howdy, howdy.
[04:46.000 --> 04:50.000]  Randy Chilton, Deborah Siemens from New Blur Radio.
[04:50.000 --> 05:03.000]  On this, the fourth day of June 2015, Thursday 2015, and I wanted to start out today with
[05:03.000 --> 05:09.000]  some shenanigans I've been pulling here in, why, in Tarrant County.
[05:09.000 --> 05:13.000]  Tarrant County is city of Fort Worth, Texas.
[05:13.000 --> 05:24.000]  And we've been recently working on a way to make remedy available to the individual
[05:24.000 --> 05:37.000]  and give our public officials cause to be concerned about consequences of their behavior.
[05:37.000 --> 05:44.000]  And to do that, that we've been working with the power of the grand jury.
[05:44.000 --> 05:50.000]  I went in recently and filed a bunch of complaints.
[05:50.000 --> 05:56.000]  We've been kind of working with the courts, maneuvering them into a position that
[05:56.000 --> 05:59.000]  they can't maneuver themselves out of.
[05:59.000 --> 06:04.000]  You know, we get a lot of people calling in the show and they complain about
[06:04.000 --> 06:07.000]  how corrupt the courts are.
[06:07.000 --> 06:15.000]  And over a period of time, we have been developing a strategy to deal with
[06:15.000 --> 06:17.000]  the corruption of the courts.
[06:17.000 --> 06:21.000]  And we're beginning to make some serious headway.
[06:21.000 --> 06:27.000]  Recently, I filed some criminal complaints against a district attorney,
[06:27.000 --> 06:32.000]  the past district attorney in Dallas County.
[06:32.000 --> 06:41.000]  And we filed that in Tarrant County, which is a very large departure from the norm
[06:41.000 --> 06:43.000]  in Texas.
[06:43.000 --> 06:47.000]  And I suspect it will be very similar in other states.
[06:47.000 --> 06:58.000]  As unlike district judge venue, district judges are state judges and they used to
[06:58.000 --> 07:02.000]  travel around the state when we had circuit courts.
[07:02.000 --> 07:06.000]  But we got a lot more people, so we needed more judges.
[07:06.000 --> 07:11.000]  And we got enough judges that the judges didn't have to travel around anymore.
[07:11.000 --> 07:16.000]  So to keep the judges from stepping on each other's toes, each judge has been
[07:16.000 --> 07:20.000]  restricted to a specific venue.
[07:20.000 --> 07:29.000]  But grand juries, grand juries are not quite like district judges.
[07:29.000 --> 07:34.000]  And this is a little bit complex, but I need to explain this for it to make sense.
[07:34.000 --> 07:36.000]  I'm in Wise County.
[07:36.000 --> 07:42.000]  And Wise County is not big enough for one judge.
[07:42.000 --> 07:53.000]  So the judge in Wise County has venue over Jack and Montague, three counties.
[07:53.000 --> 07:59.000]  However, each one of those counties has a separate grand jury.
[07:59.000 --> 08:04.000]  Every county in the state of Texas has a grand jury.
[08:04.000 --> 08:12.000]  So since there was a separate grand jury in every county, their perception was
[08:12.000 --> 08:20.000]  is that if you have a complaint to file, a felony complaint to file, that it
[08:20.000 --> 08:28.000]  must be filed with the grand jury in the county where the infraction occurred.
[08:28.000 --> 08:37.000]  And that goes to a constitutional prohibition, a federal constitutional prohibition
[08:37.000 --> 08:47.000]  that requires that any crime committed in a state must be tried in that state.
[08:47.000 --> 08:54.000]  You can't take someone from Oklahoma who comes to Texas, commits a crime and
[08:54.000 --> 08:59.000]  goes back to Oklahoma, then try him in Oklahoma.
[08:59.000 --> 09:03.000]  Can't be tried in a venue that would be friendly to him.
[09:03.000 --> 09:07.000]  If he commits a crime in Texas, he must be tried in Texas.
[09:07.000 --> 09:18.000]  Well, that concept has been adopted to apply to grand juries because there is
[09:18.000 --> 09:25.000]  a grand jury in every county, so the reasonable expectation would be that you
[09:25.000 --> 09:34.000]  have to take a complaint of a crime to the grand jury in the county where it occurs.
[09:34.000 --> 09:40.000]  Well, that's a rational and reasonable conclusion.
[09:40.000 --> 09:45.000]  However, it has no validity in law.
[09:45.000 --> 09:52.000]  While a district judge is restricted to a venue and the district judge impanels
[09:52.000 --> 10:01.000]  the grand jury, it is clear that the grand jury that is impaneled is not
[10:01.000 --> 10:09.000]  restricted to the venue of the judge that impanels him because in the district
[10:09.000 --> 10:16.000]  we live in, the 271st, the district judge impanels a grand jury in each
[10:16.000 --> 10:20.000]  county over which he has jurisdiction.
[10:20.000 --> 10:29.000]  But as to a grand jury being restricted in venue to the county, there's
[10:29.000 --> 10:32.000]  nothing in law that says that.
[10:32.000 --> 10:39.000]  There's nothing in law anywhere that restricts the venue of a grand jury.
[10:39.000 --> 10:43.000]  Grand jury is a state grand jury and there's nothing restricted in their venue
[10:43.000 --> 10:48.000]  other than the prohibition of the state of Texas of exercising
[10:48.000 --> 10:52.000]  jurisdiction beyond its borders.
[10:52.000 --> 10:58.000]  So under law, a grand jury, no matter what county it's in, has statewide
[10:58.000 --> 11:07.000]  jurisdiction and this is one of those unstated presuppositions that
[11:07.000 --> 11:15.000]  everybody has essentially followed apparently without question.
[11:15.000 --> 11:22.000]  Well, we've raised the question, is the grand jury restricted to a venue and
[11:22.000 --> 11:28.000]  thus far the answer has been no, it is not.
[11:28.000 --> 11:34.000]  So we had complaints against the prior district attorney for Dallas County.
[11:34.000 --> 11:40.000]  The current district attorney in Dallas County had a very acrimonious
[11:40.000 --> 11:47.000]  relationship with the previous district attorney.
[11:47.000 --> 11:54.000]  So to go to a Dallas grand jury and ask for an indictment of the preceding
[11:54.000 --> 12:00.000]  district attorney would give the appearance of the Dallas County district
[12:00.000 --> 12:06.000]  attorney doing a political assassination of the candidates he just beat out of
[12:06.000 --> 12:08.000]  the office.
[12:08.000 --> 12:12.000]  So we took that complaint to Tarrant County.
[12:12.000 --> 12:16.000]  Tarrant County doesn't have any dog in that hunt in Dallas County, so it
[12:16.000 --> 12:20.000]  won't give the impression of impropriety.
[12:20.000 --> 12:26.000]  It might seem appropriate, but more than seeming appropriate, what it did was
[12:26.000 --> 12:33.000]  give precedent to open the door to file complaints with any grand jury in the
[12:33.000 --> 12:41.000]  state of Texas for any felony accusation from anywhere in the state of Texas.
[12:41.000 --> 12:48.000]  And if you've been paying attention, you will appreciate the dynamics of that.
[12:48.000 --> 12:53.000]  I just talked to the Tarrant County Sheriff's Department a couple days ago
[12:53.000 --> 13:00.000]  and with a complaint against some bailiffs in the courthouse that dragged
[13:00.000 --> 13:04.000]  me out of the courthouse, smashed my face in the concrete, and I gave them
[13:04.000 --> 13:09.000]  opportunity to fix this problem without me ruining their careers.
[13:09.000 --> 13:15.000]  And I told him, see the problem is, is I can take this directly to the grand
[13:15.000 --> 13:17.000]  jury.
[13:17.000 --> 13:26.000]  As a matter of fact, I can take this directly to 254 grand juries.
[13:26.000 --> 13:39.000]  So you have an option to craft remedy that may not eliminate these deputies'
[13:39.000 --> 13:41.000]  careers.
[13:41.000 --> 13:48.000]  Failing that, then I elect my remedy, which will be to file against all of
[13:48.000 --> 13:59.000]  them in different counties until I get an indictment, your call.
[13:59.000 --> 14:02.000]  See the position he puts him in.
[14:02.000 --> 14:07.000]  But this was a sheriff's, he was the number three man.
[14:07.000 --> 14:10.000]  I was talking to the number two and number three man in the Tarrant County
[14:10.000 --> 14:11.000]  Sheriff's Department.
[14:11.000 --> 14:15.000]  The number three one is the one that did all the talking.
[14:15.000 --> 14:19.000]  And it was very clear he had no interest in doing what was right.
[14:19.000 --> 14:23.000]  He had no interest in preventing a lawsuit against the county.
[14:23.000 --> 14:30.000]  His only interest is to make sure that whatever his deputies did made no
[14:30.000 --> 14:36.000]  difference, that they would suffer no retribution.
[14:36.000 --> 14:39.000]  They would suffer no remedy applied against them.
[14:39.000 --> 14:42.000]  He would protect them no matter what.
[14:42.000 --> 14:48.000]  What I did tell him is before I gave him the complaint is you have to
[14:48.000 --> 14:53.000]  understand this is a setup.
[14:53.000 --> 15:00.000]  Because when I push this package across the table to you, your duty is
[15:00.000 --> 15:01.000]  invoked.
[15:01.000 --> 15:05.000]  What I didn't tell him is when you don't do something to ensure this
[15:05.000 --> 15:10.000]  doesn't happen again, when I go back to the grand jury, I'll go with
[15:10.000 --> 15:13.000]  complaints against you.
[15:13.000 --> 15:16.000]  So take your best shot, Bubba.
[15:16.000 --> 15:17.000]  Go help these two.
[15:17.000 --> 15:23.000]  Try to protect these guys from their actions in doing something really,
[15:23.000 --> 15:26.000]  really stupid and childish.
[15:26.000 --> 15:29.000]  And you try to protect them.
[15:29.000 --> 15:35.000]  Place your career in jeopardy for failing to do the right thing because
[15:35.000 --> 15:37.000]  it's the right reason.
[15:37.000 --> 15:42.000]  Our police seem unable to do that.
[15:42.000 --> 15:49.000]  I talked to this officer and he clearly viewed me as a citizen as the
[15:49.000 --> 15:54.000]  enemy against whom he had to protect himself and his officers at all
[15:54.000 --> 15:56.000]  cost.
[15:56.000 --> 16:01.000]  So we'll use these new tools and techniques we're developing to see how
[16:01.000 --> 16:03.000]  well that works out for him.
[16:03.000 --> 16:06.000]  We do have the phone lines open.
[16:06.000 --> 16:08.000]  It's 512-646-1984.
[16:08.000 --> 16:10.000]  We'll keep the lines open all night.
[16:10.000 --> 16:12.000]  Terry, Missouri, I see you there.
[16:12.000 --> 16:14.000]  We're about to go to break.
[16:14.000 --> 16:17.000]  And I'll pick you up on the other side.
[16:17.000 --> 16:24.000]  But I'm hoping everybody will pay real close attention to this part.
[16:24.000 --> 16:31.000]  The grand juries absolutely may well be the remedy that we've all been
[16:31.000 --> 16:39.000]  missing because you can go to the grand jury essentially with impunity.
[16:39.000 --> 16:46.000]  There's no grounds for any feedback against you as long as you tell the
[16:46.000 --> 16:49.000]  truth of everything you file.
[16:49.000 --> 16:51.000]  There's nothing they can do to you.
[16:51.000 --> 16:52.000]  This is our remedy.
[16:52.000 --> 16:53.000]  Hang on.
[16:53.000 --> 17:00.000]  Randy Kelton, Debra Stevens, Wheel of All Radio, we'll be right back.
[17:00.000 --> 17:04.000]  Through advances in technology, our lives have greatly improved, except
[17:04.000 --> 17:06.000]  in the area of nutrition.
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[18:49.000 --> 18:57.000]  That's RuleOfLawRadio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.000 --> 19:02.000]  to learn how to stop debt collectors now.
[19:02.000 --> 19:22.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:22.000 --> 19:49.000]  Okay, we are back.
[19:49.000 --> 19:52.000]  Randy Kelton, Deb Stevens, Rule of Law Radio.
[19:52.000 --> 19:58.000]  And before we go to Terry, Missouri, I spoke a couple of shows back about a
[19:58.000 --> 20:04.000]  piece of equipment, a gadget that I put together.
[20:04.000 --> 20:12.000]  And I want to offer to everybody here, anybody who has lower back pain or pain
[20:12.000 --> 20:17.000]  in your upper back and shoulders, and you want to get rid of that.
[20:17.000 --> 20:20.000]  You go to a chiropractor, you go to a chiropractor, and they'll kind of pop
[20:20.000 --> 20:24.000]  your bones a little bit, and they'll give you temporary relief.
[20:24.000 --> 20:26.000]  But it comes back.
[20:26.000 --> 20:29.000]  Then you go back to him, and he'll pop and begin to give you temporary relief.
[20:29.000 --> 20:32.000]  I've dealt with this my whole life.
[20:32.000 --> 20:36.000]  And I do pressure point therapy.
[20:36.000 --> 20:45.000]  And what I found out about your muscles is if you have a place where if you
[20:45.000 --> 20:52.000]  press on it, it hurts, that's an indication that you have a muscle in spasm.
[20:52.000 --> 20:57.000]  I know especially in your lower back, you'll find places in there that feel
[20:57.000 --> 20:59.000]  like bone.
[20:59.000 --> 21:01.000]  It feels so hard, it feels like bone.
[21:01.000 --> 21:06.000]  But if you press on it, it burns like fire.
[21:06.000 --> 21:09.000]  Now, take your elbow.
[21:09.000 --> 21:13.000]  On your elbow, you've got bone real close to the surface.
[21:13.000 --> 21:17.000]  If you reach down into your elbow and press on it, no matter how hard you
[21:17.000 --> 21:20.000]  press on it, it don't hurt.
[21:20.000 --> 21:23.000]  Bones, for the most part, don't hurt.
[21:23.000 --> 21:27.000]  If you have a place where you put pressure on it and it hurts, even if it
[21:27.000 --> 21:31.000]  feels like a bone, it's not a bone because bones don't hurt.
[21:31.000 --> 21:33.000]  At least they don't hurt from the outside.
[21:33.000 --> 21:37.000]  They hurt from the inside sometimes with bone cancer and breaks and such.
[21:37.000 --> 21:41.000]  But they don't hurt from the outside.
[21:41.000 --> 21:45.000]  If you can find a place to press on it and it hurts, that means you have a
[21:45.000 --> 21:48.000]  muscle in spasm.
[21:48.000 --> 21:53.000]  We have a lot of large muscles in our back and shoulders.
[21:53.000 --> 21:57.000]  Very large, very strong muscles can barely move.
[21:57.000 --> 22:01.000]  If you injure one of them, we have a mechanism to lock that muscle down.
[22:01.000 --> 22:04.000]  It goes into atrophy.
[22:04.000 --> 22:08.000]  It locks down, it seizes up, it essentially goes into spasm and holds itself
[22:08.000 --> 22:11.000]  still until it heals.
[22:11.000 --> 22:17.000]  The normal mechanism is when the muscle heals, movement will pull it back out.
[22:17.000 --> 22:21.000]  Say you tear a portion of your bicep.
[22:21.000 --> 22:24.000]  That portion of the bicep that's damaged will go into atrophy.
[22:24.000 --> 22:29.000]  It'll lock down, and the rest of the muscle will take up the movement.
[22:29.000 --> 22:35.000]  Well, in the long muscles that move a lot, that's a really efficient method of
[22:35.000 --> 22:40.000]  allowing the muscle to heal while still giving you the ability to move around.
[22:40.000 --> 22:46.000]  In your upper back and lower back, you've got very large muscles that barely
[22:46.000 --> 22:48.000]  move.
[22:48.000 --> 22:52.000]  You strain one of those, it locks down, and the other muscles around it tend
[22:52.000 --> 22:56.000]  to overextend to take up the movement.
[22:56.000 --> 23:01.000]  When that muscle heals or while it's healing, it's locked down and you don't
[23:01.000 --> 23:03.000]  really feel it.
[23:03.000 --> 23:06.000]  That's what happens when you experience motor amnesia.
[23:06.000 --> 23:12.000]  The only way you would release that muscle is by stretching it back out.
[23:12.000 --> 23:17.000]  But since you have large muscles that barely move, when the other muscles take
[23:17.000 --> 23:21.000]  up the movement, you never do stretch those muscles out.
[23:21.000 --> 23:24.000]  Have you ever seen anyone with a dowager's hump?
[23:24.000 --> 23:30.000]  That's where your upper shoulders gradually bow over over time.
[23:30.000 --> 23:32.000]  That's nothing but muscle tension.
[23:32.000 --> 23:36.000]  The muscle gets damaged, and the other muscles around it take up the movement,
[23:36.000 --> 23:37.000]  and they overextend.
[23:37.000 --> 23:40.000]  You damage one of those, and you damage another one, and another one,
[23:40.000 --> 23:44.000]  it just gradually builds up.
[23:44.000 --> 23:47.000]  I was in a real bad accident back in 81.
[23:47.000 --> 23:51.000]  I hit the back part semi at about 70 miles an hour, and it broke me up pretty
[23:51.000 --> 23:53.000]  good.
[23:53.000 --> 24:00.000]  I've struggled with a lot of muscle pain and a lot of restriction in movement
[24:00.000 --> 24:03.000]  because of the damage that I did.
[24:03.000 --> 24:09.000]  My femur exploded around the steering wheel, and it pulled my hip out of socket
[24:09.000 --> 24:13.000]  and done a lot of damage down there.
[24:13.000 --> 24:15.000]  Chiropractors didn't fix it.
[24:15.000 --> 24:18.000]  Stretching, yoga didn't fix it.
[24:18.000 --> 24:22.000]  I maintained this stiffness, and it increased.
[24:22.000 --> 24:26.000]  I watched my 24-year-old son step off the back of my Traeger.
[24:26.000 --> 24:29.000]  It's about three and a half feet tall.
[24:29.000 --> 24:33.000]  He just stepped off of it and hit the ground like a spring and walked away.
[24:33.000 --> 24:37.000]  I looked at that, and I thought, you know, I used to be able to do that,
[24:37.000 --> 24:40.000]  but I don't anymore.
[24:40.000 --> 24:43.000]  If I stepped off that Traeger, when I hit the ground, it'd be like somebody
[24:43.000 --> 24:45.000]  hit me with a sledgehammer.
[24:45.000 --> 24:50.000]  It's because all of those muscles in my back and hips were locked down like
[24:50.000 --> 24:58.000]  concrete, and I'm holding those muscles in severe tension all the time.
[24:58.000 --> 25:00.000]  It's using up all my energy.
[25:00.000 --> 25:03.000]  I can do pressure point therapy and release the muscles.
[25:03.000 --> 25:08.000]  You can release the muscles by applying pressure to them and giving them pain.
[25:08.000 --> 25:14.000]  You've got a muscle that's in a state of sensory motor amnesia where it's
[25:14.000 --> 25:16.000]  locked down and your brain forgets about it.
[25:16.000 --> 25:21.000]  You go in there and hurt it, and that tells the mind, holy crap, you're holding
[25:21.000 --> 25:25.000]  this too tight, and it tells the mind to back away, and it really pieces the muscle.
[25:25.000 --> 25:29.000]  You can do that just by pressure pointing it, and a lot of people know about
[25:29.000 --> 25:31.000]  pressure point therapy.
[25:31.000 --> 25:36.000]  Very, very effective in relieving back pain.
[25:36.000 --> 25:43.000]  The problem is, is if I do pressure point therapy on you, I can tell where the
[25:43.000 --> 25:45.000]  muscles are in tension and I can feel it.
[25:45.000 --> 25:50.000]  Anybody who does this can feel it, and then I press on it and it hurts you.
[25:50.000 --> 25:58.000]  I want you to tell me when the discomfort is, if on a scale of 1 to 10, 10 would be
[25:58.000 --> 26:01.000]  the point at which you would cringe from the discomfort.
[26:01.000 --> 26:06.000]  Tell me when I get to a 7 just so I irritate it so I can send a message back to
[26:06.000 --> 26:09.000]  the mind saying, hey, Bubba, you're holding this too tight.
[26:09.000 --> 26:11.000]  You need to back away.
[26:11.000 --> 26:15.000]  Well, the problem is, is I can't feel it.
[26:15.000 --> 26:20.000]  You can feel it, but being able to communicate with me what you're feeling
[26:20.000 --> 26:27.000]  is really cumbersome, and it's better if you can do it yourself because you can
[26:27.000 --> 26:31.000]  tell how much pressure to put on it and how long to hold it.
[26:31.000 --> 26:34.000]  Problem, I can't reach my back.
[26:34.000 --> 26:36.000]  I can't reach my lower hips.
[26:36.000 --> 26:40.000]  Our arms and hands aren't designed to reach that very well, so I designed a
[26:40.000 --> 26:42.000]  tool for that.
[26:42.000 --> 26:48.000]  And I am surprised at how well it works.
[26:48.000 --> 26:54.000]  I was at the courthouse yesterday, and I didn't run up the stairs taking two at
[26:54.000 --> 26:55.000]  once.
[26:55.000 --> 27:02.000]  I essentially walked up the stairs taking two at once with no discomfort at all.
[27:02.000 --> 27:06.000]  I stand up, and I don't groan.
[27:06.000 --> 27:08.000]  I don't strain.
[27:08.000 --> 27:13.000]  It's like I tell my body to stand up, and it just stands up.
[27:13.000 --> 27:19.000]  I remember when I was in my teens and 20s that my body would do that.
[27:19.000 --> 27:23.000]  I would think it moving, and it would just move.
[27:23.000 --> 27:28.000]  As I got older, thinking it moving wasn't enough.
[27:28.000 --> 27:31.000]  I had to literally tell it and force it to move.
[27:31.000 --> 27:38.000]  And I wound up getting numbness in my thumb, my index, my first finger, the
[27:38.000 --> 27:44.000]  index finger, and all the fingers of my hands at different times.
[27:44.000 --> 27:47.000]  If you have numbness in your thumb and forefinger, that means your third
[27:47.000 --> 27:52.000]  cervical vertebrae is pushed out of place because the muscle on one side or
[27:52.000 --> 27:56.000]  the other is in tension, and it's drawing the vertebrae to the side, putting
[27:56.000 --> 27:59.000]  pressure on the nerve where it exits the spine.
[27:59.000 --> 28:04.000]  The place you'll feel it first is the extremity of the nerve, which is thumb
[28:04.000 --> 28:06.000]  and forefinger.
[28:06.000 --> 28:10.000]  The two middle fingers, fourth cervical vertebrae, your pinky and the finger
[28:10.000 --> 28:14.000]  next to it, and up the side of your arm if you get numbness there.
[28:14.000 --> 28:15.000]  It's your cervical vertebrae.
[28:15.000 --> 28:17.000]  It has nothing to do with your hand or arms.
[28:17.000 --> 28:20.000]  It has to do with tension in your back.
[28:20.000 --> 28:23.000]  Allopathic doctors don't know anything about that.
[28:23.000 --> 28:25.000]  Chiropractors know about that.
[28:25.000 --> 28:29.000]  You come in with numbness in your third and your thumb and forefinger now,
[28:29.000 --> 28:35.000]  pop third cervical vertebrae, and poof, it goes away immediately.
[28:35.000 --> 28:40.000]  But by popping it, they don't relieve the tension, and it comes back.
[28:40.000 --> 28:42.000]  So I've developed a tool for that.
[28:42.000 --> 28:43.000]  It's real cheap.
[28:43.000 --> 28:45.000]  You can build it for about 12 bucks.
[28:45.000 --> 28:49.000]  Anybody who's interested, send me an email.
[28:49.000 --> 28:51.000]  I finally figured out how to get the...
[28:51.000 --> 28:53.000]  I got a bunch of photos of it.
[28:53.000 --> 28:55.000]  It's not simple to build.
[28:55.000 --> 28:57.000]  It's just PVC pipe fittings.
[28:57.000 --> 28:58.000]  Send me an email.
[28:58.000 --> 29:00.000]  I'll send you the photos.
[29:00.000 --> 29:03.000]  And then once you get it, call me or email me.
[29:03.000 --> 29:05.000]  I'll explain how to use it.
[29:05.000 --> 29:09.000]  It is like magic.
[29:09.000 --> 29:15.000]  I feel like a new man, well, almost, like a new 65-year-old man.
[29:15.000 --> 29:17.000]  Okay, enough of that.
[29:17.000 --> 29:21.000]  I just wanted to put that out there in case anybody was interested,
[29:21.000 --> 29:23.000]  about back pain or stiffness.
[29:23.000 --> 29:29.000]  You don't feel as limber as you did when you were in your teens or 20s.
[29:29.000 --> 29:32.000]  We can bring that back.
[29:32.000 --> 29:35.000]  And I would very much like to get a bunch of people using it
[29:35.000 --> 29:39.000]  so they can suggest adjustments or alterations that may make it more effective.
[29:39.000 --> 29:43.000]  Sorry, Terry, I didn't mean to hold you up whole segment,
[29:43.000 --> 29:46.000]  but I think this is valuable enough
[29:46.000 --> 29:51.000]  that we can eliminate a lot of pain people aren't putting up with.
[29:51.000 --> 29:52.000]  Hang on.
[29:52.000 --> 29:55.000]  Randy Kaltenberg, Steven Rue of La Radio.
[29:55.000 --> 29:58.000]  Terry, we'll pick you up as soon as we come back on the other side.
[29:58.000 --> 30:00.000]  We'll be right back.
[30:00.000 --> 30:04.000]  Are you one of those people who simply hates the taste of broccoli?
[30:04.000 --> 30:06.000]  The reason could be in your genes.
[30:06.000 --> 30:09.000]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment
[30:09.000 --> 30:13.000]  to tell you why one man's yummy vegetable is another man's bitter enemy.
[30:13.000 --> 30:15.000]  Privacy is under attack.
[30:15.000 --> 30:19.000]  When you give up data about yourself, you'll never get it back again.
[30:19.000 --> 30:24.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.000 --> 30:29.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.000 --> 30:32.000]  Privacy, it's worth hanging on to.
[30:32.000 --> 30:35.000]  This public service announcement is brought to you by StartPage.com,
[30:35.000 --> 30:39.000]  the private search engine alternative to Google, Yahoo, and Bing.
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[30:43.000 --> 30:47.000]  Black broccoli, it can be slathered with butter or steamed in a cheesy sauce,
[30:47.000 --> 30:50.000]  yet many people still sense its bitter aftertaste.
[30:50.000 --> 30:55.000]  One has a scientific explanation for why so many people can't stand this healthy green vegetable.
[30:55.000 --> 30:58.000]  Researchers have found that people who hate broccoli have a gene
[30:58.000 --> 31:02.000]  that picks up the taste of phenylphiocarbonide, PTC for short.
[31:02.000 --> 31:06.000]  This chemical is responsible for the bitterness in cruciferous vegetables
[31:06.000 --> 31:08.000]  like broccoli, cauliflower, and Brussels sprouts.
[31:08.000 --> 31:11.000]  If you can taste PTC, you're in good company.
[31:11.000 --> 31:15.000]  About 70% of the U.S. population has PTC taste receptors.
[31:15.000 --> 31:19.000]  The other 30%, including me, just don't taste the bitterness.
[31:19.000 --> 31:22.000]  We'll have to be a little more understanding with the rest of you.
[31:22.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[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 --> 32:10.000]  and if we, the people, are ever going to have a free society,
[32:10.000 --> 32:13.000]  then we're going to have to stand and defend our own rights.
[32:13.000 --> 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,
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[32:22.000 --> 32:25.000]  to learn how to enforce and preserve our rights through due process.
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[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.
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[33:24.000 --> 33:49.000]  Okay, we are back.
[33:49.000 --> 33:51.000]  Graham Felton, Deborah Stevens, Rule of Law Radio,
[33:51.000 --> 33:54.000]  and we're going to Terry in Missouri. Hello, Terry.
[33:54.000 --> 33:57.000]  Yeah, good evening. Randy, how are you, sir?
[33:57.000 --> 33:59.000]  I am good.
[33:59.000 --> 34:00.000]  Yes, sir.
[34:00.000 --> 34:03.000]  So how are things going since the last time we talked?
[34:03.000 --> 34:09.000]  Well, they actually have not improved a whole lot since the last time we had our discussion.
[34:09.000 --> 34:16.000]  The judge had essentially issued an order denying all promotions
[34:16.000 --> 34:22.000]  and granting everything in their favor except their 41B dismissal.
[34:22.000 --> 34:31.000]  And since that time, there was a judgment issued in the civil case
[34:31.000 --> 34:38.000]  pretty much in line with the order, but it was not signed by the judge.
[34:38.000 --> 34:44.000]  It was signed by two clerks, and all it says is decision by the court,
[34:44.000 --> 34:51.000]  essentially stopping the case, stopping my summary judgment, all the motions,
[34:51.000 --> 34:57.000]  the sanctions I had upon them, and they granted everything in their favor
[34:57.000 --> 35:07.000]  even after the fraudulent filings of procuring falsified affidavits,
[35:07.000 --> 35:11.000]  failing to appear at mediation, all those things.
[35:11.000 --> 35:19.000]  There's no question in my mind, Randy, that this guy clearly flipped and did a 180.
[35:19.000 --> 35:23.000]  So all I can do at this point is set this up for an appeal
[35:23.000 --> 35:31.000]  and also to back up to bring you to re-familiarize yourself with the case.
[35:31.000 --> 35:35.000]  We had an oral argument where he consolidated all the motions,
[35:35.000 --> 35:45.000]  and that should have been done under Rule 42A, Motion to Consolidate.
[35:45.000 --> 35:50.000]  When I did a motion for a more definite statement, he would not answer.
[35:50.000 --> 35:53.000]  He just said denied.
[35:53.000 --> 36:05.000]  And so I'm going on the premise under Rule 60, 60B2, possibly 3, and other sections in there
[36:05.000 --> 36:08.000]  for all the procedural due process violations,
[36:08.000 --> 36:14.000]  because he had no authority at all to consolidate the motions.
[36:14.000 --> 36:19.000]  All the case law I've read said that that's done in rare situations.
[36:19.000 --> 36:43.000]  So your thoughts on it, and what would you possibly advise me to do?
[36:43.000 --> 36:53.000]  Okay, great.
[37:13.000 --> 37:22.000]  Okay, guys, I'm sorry, my bad.
[37:22.000 --> 37:28.000]  We have suppressors on this system so that if I'm talking and you're talking,
[37:28.000 --> 37:34.000]  the sound from my mic will suppress the sound from your side.
[37:34.000 --> 37:39.000]  And while Terry was talking, I got a lot of background noise, so I muted my mic,
[37:39.000 --> 37:44.000]  and then oops, I forgot to unmute it, my bad.
[37:44.000 --> 37:48.000]  It looks like we lost Terry.
[37:48.000 --> 37:49.000]  I hope he didn't give up on us.
[37:49.000 --> 37:51.000]  Okay, that was my mistake.
[37:51.000 --> 37:56.000]  I was just yakking away and had my mic muted.
[37:56.000 --> 37:59.000]  So I get one demerit.
[37:59.000 --> 38:03.000]  Okay, Terry, it looks like you dropped off.
[38:03.000 --> 38:07.000]  If you're still listening, call us back, and I will take you.
[38:07.000 --> 38:14.000]  We have a on-screen caller, and since I dumped Terry there,
[38:14.000 --> 38:19.000]  I will take a whiff and take this on-screen caller.
[38:19.000 --> 38:21.000]  Hello, this is Randy Kelton.
[38:21.000 --> 38:22.000]  What do we have?
[38:22.000 --> 38:23.000]  Who do we have?
[38:23.000 --> 38:28.000]  Last name and state.
[38:28.000 --> 38:35.000]  If you're waiting to speak, speak now or forever hold your peace.
[38:35.000 --> 38:37.000]  Yeah, Randy.
[38:37.000 --> 38:38.000]  There we go.
[38:38.000 --> 38:41.000]  This is Terry.
[38:41.000 --> 38:43.000]  Who do I have?
[38:43.000 --> 38:46.000]  This is Terry from Missouri.
[38:46.000 --> 38:48.000]  Oh, okay, I've got you back.
[38:48.000 --> 38:52.000]  You came back as on-screen, so okay, good, good.
[38:52.000 --> 38:55.000]  My apologies.
[38:55.000 --> 38:59.000]  My background noise was driving your voice down, so I muted,
[38:59.000 --> 39:03.000]  and then I forgot to unmute.
[39:03.000 --> 39:06.000]  Okay, the judge dismissed.
[39:06.000 --> 39:10.000]  What were the facts on which he based his dismissal,
[39:10.000 --> 39:16.000]  and what was the law he relied on to authorize him to make that ruling?
[39:16.000 --> 39:18.000]  Yeah, thank you.
[39:18.000 --> 39:21.000]  He relied on a defalsified affidavit,
[39:21.000 --> 39:27.000]  a handful of other affidavits that were very incomplete.
[39:27.000 --> 39:31.000]  He misquoted the Fair Credit Reporting Act in the sections.
[39:31.000 --> 39:38.000]  He only quoted a small part of it in terms of the point where they had to do their investigation.
[39:38.000 --> 39:41.000]  I've never seen anything like this in my life.
[39:41.000 --> 39:44.000]  Wait a minute, wait a minute, that's wonderful.
[39:44.000 --> 39:51.000]  Never interfere with somebody when they're screwing up.
[39:51.000 --> 39:55.000]  The trial courts, you're just there to set the record for appeals,
[39:55.000 --> 39:58.000]  so if the judge screws up in the trial court,
[39:58.000 --> 40:03.000]  it's easier for you to get a ruling in the appeals court.
[40:03.000 --> 40:07.000]  Yes, sir, I know.
[40:07.000 --> 40:09.000]  So you should be happy.
[40:09.000 --> 40:18.000]  If the judge gave a very well-contrived and apparently well-considered opinion,
[40:18.000 --> 40:21.000]  that'd be a whole lot easier to overcome.
[40:21.000 --> 40:26.000]  But if he just blows you off, now you've got a whole lot better shot at him.
[40:26.000 --> 40:30.000]  Yes, sir.
[40:30.000 --> 40:35.000]  So that sounds like a good thing.
[40:35.000 --> 40:36.000]  Okay.
[40:36.000 --> 40:40.000]  Did you hear everything that I shared with you earlier, Randy?
[40:40.000 --> 40:42.000]  Yes, I got it.
[40:42.000 --> 40:43.000]  You were coming across well.
[40:43.000 --> 40:45.000]  It was me that didn't come across well,
[40:45.000 --> 40:50.000]  and the producer kind of bumped us out to break so she could talk to me.
[40:50.000 --> 40:52.000]  One of the most fundamental errors this guy did,
[40:52.000 --> 40:57.000]  and he did it on purpose, is that he just wants me out of that court.
[40:57.000 --> 41:01.000]  And so we had this motion which essentially was to consolidate all motions
[41:01.000 --> 41:04.000]  to have an oral argument on, and that didn't happen.
[41:04.000 --> 41:09.000]  It was a pitch session against me, and I have the transcripts.
[41:09.000 --> 41:13.000]  And after the oral argument was over,
[41:13.000 --> 41:19.000]  he had me write basically both parties write a 10-page essay on a company that don't exist
[41:19.000 --> 41:26.000]  because it also filed with the court for evidence the 147-page affidavit
[41:26.000 --> 41:30.000]  that I finally received from the Secretary of State backing me up,
[41:30.000 --> 41:32.000]  and he just blew it all off.
[41:32.000 --> 41:40.000]  And the only motion or rule in the federal rules that he has any authority to consolidate
[41:40.000 --> 41:44.000]  is under Rule 42A and all the case law I've read, Randy,
[41:44.000 --> 41:47.000]  says he had no authority to do that.
[41:47.000 --> 41:57.000]  So that's possibly a procedural violation like due process or equal protection.
[41:57.000 --> 41:59.000]  I think that's a good thing.
[41:59.000 --> 42:01.000]  That's where we're at.
[42:01.000 --> 42:05.000]  If the judge is rendering bad rulings, you know,
[42:05.000 --> 42:10.000]  there's more than just the law and the facts.
[42:10.000 --> 42:13.000]  We're playing chess here.
[42:13.000 --> 42:19.000]  We want to put issues before the court that will work in your favor.
[42:19.000 --> 42:22.000]  But if the court rules against you,
[42:22.000 --> 42:29.000]  it creates a situation to where if the court of appeals oppose the ruling,
[42:29.000 --> 42:34.000]  then you undermine the corpus juris.
[42:34.000 --> 42:41.000]  So if the judge rules against standing case law, that's very much in your favor.
[42:41.000 --> 42:47.000]  Yes, well, he has, most of which is A Circuit, Supreme Court,
[42:47.000 --> 42:49.000]  all the leading cases I have.
[42:49.000 --> 42:53.000]  And I will tell you, the most of the leading cases I received
[42:53.000 --> 42:57.000]  was from a civil rights attorney that is an acquaintance of Michael Mears.
[42:57.000 --> 43:04.000]  So they're all appellate court issues that have been handled.
[43:04.000 --> 43:06.000]  They've been decided upon already,
[43:06.000 --> 43:11.000]  and they're cited frequently throughout these Fair Credit Reporting Act cases.
[43:11.000 --> 43:16.000]  The bottom line is, Randy, is that also there was a case that was just awarded
[43:16.000 --> 43:19.000]  in Kansas City, Missouri of $82 million.
[43:19.000 --> 43:21.000]  It's very, very similar to mine.
[43:21.000 --> 43:25.000]  So they apparently don't want a pro se beating a big law firm.
[43:25.000 --> 43:29.000]  They're just throwing me out of there with whatever they can get by with it,
[43:29.000 --> 43:31.000]  at least at this point.
[43:31.000 --> 43:36.000]  Last week, Jeff Sedgwick called in about that case,
[43:36.000 --> 43:45.000]  and we've been getting rulings and claims against lenders for $3, $4, and $5 million.
[43:45.000 --> 43:50.000]  And that wasn't a big deal for them because they're making so much money cheating,
[43:50.000 --> 43:54.000]  but that wasn't enough to stop them from cheating.
[43:54.000 --> 44:02.000]  But this $82 million ruling, and this was a woman that they claimed healed.
[44:02.000 --> 44:03.000]  Hello.
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[46:14.000 --> 46:20.000]  If you did not have a problem, where are you going to go for one?
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[46:26.000 --> 46:34.000]  Music
[46:34.000 --> 46:42.000]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio, and I just ran off the cliff again.
[46:42.000 --> 46:52.000]  I tend to have a tendency to do that, but if you have the trial court rendering really garbage rulings,
[46:52.000 --> 46:57.000]  you know, that goes to the Court of Appeals, and they have to be careful the kind of rulings they give
[46:57.000 --> 47:05.000]  because lawyers at the trial court level can take the rulings of the Court of Appeals
[47:05.000 --> 47:11.000]  and cite them in the trial courts and use that as law.
[47:11.000 --> 47:18.000]  So if the Court of Appeals makes bad rulings, they undermine the Corpus Juris.
[47:18.000 --> 47:25.000]  I would say, Terry, in your case, you have the judge handing the appeal to you.
[47:25.000 --> 47:32.000]  Yes, sir. I agree.
[47:32.000 --> 47:40.000]  So have you filed a motion for findings affecting conclusions at law?
[47:40.000 --> 47:46.000]  No, sir, I have not. I was going to do, that's what I wanted to inquire from you about,
[47:46.000 --> 47:58.000]  I was going to do a motion to vacate under Rule 60.
[47:58.000 --> 48:02.000]  Okay.
[48:02.000 --> 48:07.000]  Grounds for the motion to vacate. How are you going to argue the issue?
[48:07.000 --> 48:16.000]  Yes, sir. Under Rule 60, B-2, I had newly discovered evidence. He ignored it.
[48:16.000 --> 48:22.000]  B-3, we're talking about extrinsic or extrinsic fraud. It's definitely apparent.
[48:22.000 --> 48:29.000]  And then under Rule B-6, basically the catch-all section, for any other reason,
[48:29.000 --> 48:38.000]  justifies the relief. And then possibly under D-3, from the standpoint of the falsified affidavit,
[48:38.000 --> 48:47.000]  that's going to be a little tougher, that was fraud on the Court, wasn't fraud on me.
[48:47.000 --> 48:56.000]  So I've got more than one section in that rule to possibly utilize.
[48:56.000 --> 49:04.000]  And these are really general issues that if the Court, if you have uncontestable evidence
[49:04.000 --> 49:11.000]  of a fraudulent affidavit, and the Court rules that the judge can render a ruling
[49:11.000 --> 49:20.000]  in the face of uncontested facts, that undermines the whole legal system.
[49:20.000 --> 49:26.000]  And I will tell you, Randy, I had a beautiful motion for sanctions. He denied that.
[49:26.000 --> 49:33.000]  And I got that template from a law firm. It's done very well. And he denied every bit of it.
[49:33.000 --> 49:42.000]  And I always supply the documents on the docket so that everybody can see it and read it.
[49:42.000 --> 49:49.000]  And I really, to tell you the truth, Randy, I've never seen anything so atrocious.
[49:49.000 --> 49:53.000]  I've got enough cases. I think I'm pretty well set up for an appeal.
[49:53.000 --> 49:59.000]  But I just wanted your position on using the Rule 60 method.
[49:59.000 --> 50:09.000]  Well, I'm not familiar enough, I'm not intimately familiar with the Federal Rules of Court.
[50:09.000 --> 50:17.000]  Especially in this not enough, I'm not knowledgeable enough to be able to render an opinion on that,
[50:17.000 --> 50:23.000]  other than a general opinion that if they rule in the face of the facts and the law,
[50:23.000 --> 50:27.000]  they're going to undermine the entire legal system.
[50:27.000 --> 50:34.000]  And the Court of Appeals is going to be reluctant to do that, even if it's toward the benefit of a pro se.
[50:34.000 --> 50:40.000]  But Leslie is out there, and I'm hoping she's listening. Maybe she'll call in.
[50:40.000 --> 50:49.000]  I just got a Skype from her on this, essentially on this issue, where it appears as though,
[50:49.000 --> 50:55.000]  at least in Pennsylvania, the trial courts are beginning to pay more attention to these arguments
[50:55.000 --> 51:00.000]  they've just been blowing off this whole time.
[51:00.000 --> 51:04.000]  So Leslie, if you're listening, I'd like you to call in and comment on this,
[51:04.000 --> 51:13.000]  that the political winds seem to be changing more in the favor of the individual.
[51:13.000 --> 51:21.000]  And, well, that goes along with a lot of the stuff that's going on in the news right now.
[51:21.000 --> 51:25.000]  That, you know, about the police and governmental officials,
[51:25.000 --> 51:33.000]  there's a lot of consternation toward the police and public officials in general.
[51:33.000 --> 51:40.000]  So I'm hoping that that begins to put more pressure on these guys to take you and I
[51:40.000 --> 51:44.000]  and the rest of us pro se more seriously.
[51:44.000 --> 51:47.000]  Have you filed any criminal charges?
[51:47.000 --> 51:51.000]  No, I'm glad you brought that up. I almost forgot about it.
[51:51.000 --> 51:54.000]  I wanted to see a template. I wanted to read.
[51:54.000 --> 52:01.000]  I've got the A Circuit Court of Appeals forms and the place where it's supposed to be filed,
[52:01.000 --> 52:07.000]  but I've never read that yet. I want to make sure that's done adequately well
[52:07.000 --> 52:11.000]  so when they get that, along with all the documents and the evidence that
[52:11.000 --> 52:14.000]  will slap this judge upside the head hopefully.
[52:14.000 --> 52:18.000]  But I'm a little reluctant until I get my hands on something where I can read
[52:18.000 --> 52:21.000]  and see kind of a template on that, Randy.
[52:21.000 --> 52:27.000]  Go to jurisimprudence.com. Have you ever been to that site?
[52:27.000 --> 52:30.000]  No, sir, I have not. I didn't know about that.
[52:30.000 --> 52:41.000]  Okay, that's one of my, that's my oldest site. It's J-U-R-I-S Imprudence, I-M-P-R-U-D-E-N-C.com.
[52:41.000 --> 52:42.000]  Okay.
[52:42.000 --> 52:49.000]  You'll see a lot of frogs on the site because I call all of this the frog farm conspiracy.
[52:49.000 --> 52:50.000]  Okay.
[52:50.000 --> 52:58.000]  Top frog on the left, or actually right under the title, there's a reference to Cherokee County complaints.
[52:58.000 --> 53:04.000]  Click on that, open it up, it'll give you an example of a bunch of complaints that I've written.
[53:04.000 --> 53:06.000]  Very good.
[53:06.000 --> 53:15.000]  And we have a lot of complaints. Always make each accusation on a separate complaint.
[53:15.000 --> 53:18.000]  And that's just tactical.
[53:18.000 --> 53:19.000]  Sure.
[53:19.000 --> 53:32.000]  That way they can't take your complaint and deny, rule against one of the complaints and then trash the whole thing.
[53:32.000 --> 53:34.000]  We have them do that all the time.
[53:34.000 --> 53:37.000]  They do a bar agreement if you want a week.
[53:37.000 --> 53:42.000]  You want a week, exactly. So they can't just lump them all together.
[53:42.000 --> 53:49.000]  And if you'll look at that Cherokee County complaints, you'll see how I took the affidavit.
[53:49.000 --> 53:55.000]  And when I wrote the affidavit, I said, these are the facts, these facts, these facts, these facts.
[53:55.000 --> 54:02.000]  And this constitution constitutes a violation of this statute, which we just followed, and I quote the statute.
[54:02.000 --> 54:15.000]  But I wrote it in such a way that you could take that section of the affidavit out, drop it inside a criminal affidavit.
[54:15.000 --> 54:25.000]  So when they read your affidavit of fact, and then they read the criminal complaint, they see the same language.
[54:25.000 --> 54:34.000]  So when they read your complaint, they can go back to the affidavit and know exactly where that lands in the affidavit.
[54:34.000 --> 54:46.000]  And it gives them a better perspective of how this fits in the overall scheme of things because this particular one had like 25 or 30 complaints in it.
[54:46.000 --> 54:54.000]  And with that many accusations, it's hard to keep the reader oriented.
[54:54.000 --> 55:01.000]  So you try to write your affidavit so that it leads from one criminal accusation to the next.
[55:01.000 --> 55:17.000]  And when you write a set of facts that leads to a specific criminal complaint, you write that section in a way such that it is essentially complete of itself.
[55:17.000 --> 55:22.000]  In legal writing, don't be so concerned about being redundant.
[55:22.000 --> 55:25.000]  Especially when you're delivering a lot of facts.
[55:25.000 --> 55:27.000]  Yes, sir.
[55:27.000 --> 55:36.000]  Because the reader reads the facts and he doesn't always get them stored in his mind good.
[55:36.000 --> 55:47.000]  So when he reads a set of facts and then he reads it again in a slightly different context, it helps him to develop referential index.
[55:47.000 --> 55:55.000]  In the different context, he sees this fact, yeah, I saw that back here and it fit right in this place.
[55:55.000 --> 55:59.000]  And then by the third time he's read it, he's got it.
[55:59.000 --> 56:09.000]  So when you have a lot of complaints to read, by repeating things this way, you reinforce the understanding of the reader.
[56:09.000 --> 56:12.000]  You couldn't do this in a novel or something.
[56:12.000 --> 56:16.000]  People consider it redundant, but we're not doing novels here.
[56:16.000 --> 56:36.000]  We're trying to impart a lot of disparate facts and bring them together in a way such that an ordinary person, a reasonable person of ordinary prudence can understand it and it needs to be written for an eighth grader.
[56:36.000 --> 56:47.000]  And that's not to imply that the person reading it is in any way restricted in his mental capacity. That's not the point.
[56:47.000 --> 56:53.000]  It's that the person reading it, if he's a grand jury member, is not a legal professional.
[56:53.000 --> 56:57.000]  This is not something he does all the time.
[56:57.000 --> 57:04.000]  And it's essentially rather complex and it's really important that he gets it right.
[57:04.000 --> 57:20.000]  So your reader in this context will not likely have any objection to redundancy, especially if you're redundant in slightly different contexts.
[57:20.000 --> 57:23.000]  That helps him to organize what you're talking about.
[57:23.000 --> 57:26.000]  So go to jurisimprudence.com and have a look at the complaints there.
[57:26.000 --> 57:41.000]  There's actually a whole bunch of complaints if you look through the site. And somewhere in there I have some examples of some federal complaints that we wrote against an IRS agent in Fort Lauderdale, Florida.
[57:41.000 --> 57:45.000]  I don't remember exactly where it is, but there are a lot of examples.
[57:45.000 --> 57:51.000]  I have a lot of documents up there and different pleadings that I've written over the years.
[57:51.000 --> 57:57.000]  And then I have a whole bunch of blanks, fill in the blanks, complaints, information requests.
[57:57.000 --> 58:01.000]  There's a lot of information there. Frankly, I need to update it.
[58:01.000 --> 58:06.000]  But you'll find a lot on complaints. That should be very helpful.
[58:06.000 --> 58:08.000]  Yes, sir.
[58:08.000 --> 58:13.000]  Okay. Are we kind of up to speed?
[58:13.000 --> 58:25.000]  Well, I think we are, Randy. Just one other quick note. I talked to the attorney that handled that case for the 82 million. It's a fantastic situation in the Western District of Missouri.
[58:25.000 --> 58:35.000]  Wonderful. Okay. Thank you, Terry. This is Randy Keltman on Deborah Stevens, Wheel of Law Radio. I'll call in number 512-646-1984.
[58:35.000 --> 58:39.000]  Mark, I see you there. We'll pick you up when we come back on the other side.
[58:39.000 --> 58:44.000]  We'll be right back.
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[01:00:45.000 --> 01:00:57.000]  Today in history, Monday, June 4, 1984, scientists at the University of California at Berkeley analyzed and cloned fragments of the genes from an extinct animal, the quagga, a relative of the zebra and the horse.
[01:00:57.000 --> 01:01:03.000]  It was essentially the first extinct animal to have its DNA analyzed and aspects of the DNA even cloned.
[01:01:03.000 --> 01:01:12.000]  It's this study that essentially launched the field of ancient DNA analysis.
[01:01:12.000 --> 01:01:27.000]  In recent news, roughly 130,000 people got together at Hong Kong's Victoria Park to commemorate the 26-year anniversary of the Tiananmen Square Massacre, where hundreds if not thousands of students were shot at and murdered by the Chinese Army for calling for democracy.
[01:01:27.000 --> 01:01:32.000]  The protest started on April 15. They were followed by martial law being declared on the 20th of May.
[01:01:32.000 --> 01:01:38.000]  This militarized buildup led to the shooting of civilians and students blocking the military from getting into the square on June 3.
[01:01:38.000 --> 01:01:45.000]  Bodies were picked up and removed on the 4th.
[01:01:45.000 --> 01:01:59.000]  Documents shared with the New York Times and ProPublica provided by Edward Snowden revealed that without public notice or debate, the Obama administration expanded the National Security Agency's warrantless surveillance of Americans' international Internet traffic to search for evidence of computer hacking.
[01:01:59.000 --> 01:02:19.000]  In mid-2012, Justice Department lawyers wrote two secret memos permitting the spy agency to begin monitoring Internet traffic without a warrant for data linked to computer hacking originating offshore but also included traffic flowing to suspicious Internet addresses.
[01:02:19.000 --> 01:02:30.000]  Subway recently announced that it will remove all artificial colors, flavors, and preservatives from its menu items including sandwiches, soups, salads, and cookies across North America over the next 18 months.
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[01:02:53.000 --> 01:03:13.000]  This has been your Lowdown for June 4, 2015.
[01:03:23.000 --> 01:03:46.000]  Okay, we are back.
[01:03:46.000 --> 01:03:49.000]  Randy Kelton, Deborah Stevens, ruler of our radio.
[01:03:49.000 --> 01:03:53.000]  And we're going to Mark in Texas. Hello, Mark.
[01:03:53.000 --> 01:03:56.000]  Hey, good evening, Randy. How are you?
[01:03:56.000 --> 01:03:59.000]  I am good. What do you have for us today?
[01:03:59.000 --> 01:04:11.000]  Well, I wanted to thank you. Your advice prior to my hearing from I guess a couple weeks ago when I called in was just absolutely fabulous.
[01:04:11.000 --> 01:04:22.000]  I ended up having a hearing. It was supposed to take one hour. It ended up taking about four. And rather than just having a hearing on my motion, which is what I was expecting,
[01:04:22.000 --> 01:04:37.000]  and I didn't think they'd have much to defend, they tried to ask the judge to rule on a motion for summary judgment they had made that the judge had never ruled on that was just based on deemed admissions
[01:04:37.000 --> 01:04:45.000]  because I hadn't actually responded to their request for admissions in time early on in my case.
[01:04:45.000 --> 01:04:53.000]  I ended up tossing out their payment record, which had no business record affidavit attached to it at all.
[01:04:53.000 --> 01:04:57.000]  They have no record of payment, so there they were.
[01:04:57.000 --> 01:05:04.000]  And here I am a week later when the judge said he would rule within two days. He hasn't made any ruling yet.
[01:05:04.000 --> 01:05:12.000]  I gave him a pleat of the jurisdiction as I had been advised by some very wise gents, you and Steve.
[01:05:12.000 --> 01:05:21.000]  And it was almost like he had never seen that before. It was surprising. But he went ahead and didn't really look at it.
[01:05:21.000 --> 01:05:27.000]  I didn't get it file stamped ahead of time for anybody listening if you end up needing to do something like this.
[01:05:27.000 --> 01:05:32.000]  You want to file stamp it before you take it into a hearing. I just didn't have time to do it.
[01:05:32.000 --> 01:05:36.000]  I'd driven all night, got there, I was exhausted, but I had my A game.
[01:05:36.000 --> 01:05:46.000]  Okay. Just for the record, when the motion or pleading is presented to the court, it is filed.
[01:05:46.000 --> 01:05:52.000]  So they can't raise an issue because it doesn't have a court stamp on it.
[01:05:52.000 --> 01:05:57.000]  Okay. So that was interesting. The judge didn't know what to do with it.
[01:05:57.000 --> 01:06:05.000]  He asked actually the plaintiff's counselor who was there and the only person there.
[01:06:05.000 --> 01:06:11.000]  And she just said, this court does clearly have jurisdiction and honor, blah, blah, blah.
[01:06:11.000 --> 01:06:17.000]  He said, I'll go ahead and set this aside. I'm assuming you'll object to it or something of that effect.
[01:06:17.000 --> 01:06:23.000]  But he just soft-shooted. Later on, I took it and I file stamped it in the record.
[01:06:23.000 --> 01:06:34.000]  And as I understand from talking to you, if this judge doesn't rule that he has jurisdiction, then he doesn't.
[01:06:34.000 --> 01:06:43.000]  If I understand right, once questioned, jurisdiction has to be determined by the court before proceeding should continue, right?
[01:06:43.000 --> 01:06:53.000]  When a challenge to subject matter jurisdiction is filed, subject matter jurisdiction is lost.
[01:06:53.000 --> 01:07:00.000]  You go into court and subject matter jurisdiction is presupposed.
[01:07:00.000 --> 01:07:08.000]  If nobody challenges it, both sides tacitly accept that the court has jurisdiction.
[01:07:08.000 --> 01:07:16.000]  And even if it doesn't, the court can act like it does have jurisdiction until somebody challenges it.
[01:07:16.000 --> 01:07:25.000]  Once somebody challenges it, the jurisdiction is lost until the court proves it, not the other side.
[01:07:25.000 --> 01:07:30.000]  The other side is not the one that sent you that threat note ordering you to be there.
[01:07:30.000 --> 01:07:35.000]  Or they may have sent it, but they did it under the authority of the court.
[01:07:35.000 --> 01:07:41.000]  So now it's the court's duty to prove up that it has authority.
[01:07:41.000 --> 01:07:47.000]  The only time you can sue the judge is when he acts without subject matter jurisdiction.
[01:07:47.000 --> 01:07:51.000]  If he messes up, I'll definitely do it.
[01:07:51.000 --> 01:07:55.000]  For me, in my situation, I had a few questions I wanted to ask you.
[01:07:55.000 --> 01:07:59.000]  It was an interesting thing. That was the first part of it.
[01:07:59.000 --> 01:08:07.000]  The judge didn't really want to give his previous ruling, in my case, much credence.
[01:08:07.000 --> 01:08:12.000]  He basically just said, I think that the case should have been reopened.
[01:08:12.000 --> 01:08:17.000]  It was because I had a default judgment, I had an unopposed motion to dismiss
[01:08:17.000 --> 01:08:23.000]  based on the statute of limitations having run this new plaintiff's attorney
[01:08:23.000 --> 01:08:27.000]  that is less apt to mess things up than the first one.
[01:08:27.000 --> 01:08:33.000]  They had actually brought up that I didn't make the statute of limitations defense
[01:08:33.000 --> 01:08:37.000]  in my original answer. I did it in an amended answer.
[01:08:37.000 --> 01:08:46.000]  This is weird in that the judge was reluctant to accept my amended answers.
[01:08:46.000 --> 01:08:51.000]  They tried to put my original answer to their request for admissions,
[01:08:51.000 --> 01:08:55.000]  which was all over the place with information that didn't need to be there.
[01:08:55.000 --> 01:09:00.000]  Not bad information, just not necessarily good.
[01:09:00.000 --> 01:09:06.000]  He didn't really want to accept the amended answers, which just said deny, deny, deny.
[01:09:06.000 --> 01:09:10.000]  Make them prove it. I thought that was kind of strange.
[01:09:10.000 --> 01:09:14.000]  I made the argument, I said, Your Honor, the plaintiff is not going to be harmed
[01:09:14.000 --> 01:09:20.000]  under this circumstance. I would rather that the court be ruling here
[01:09:20.000 --> 01:09:25.000]  based on the merits of the case rather than some technicality involved here
[01:09:25.000 --> 01:09:29.000]  and give them the burden of proof, which they're supposed to have.
[01:09:29.000 --> 01:09:36.000]  I think that's kind of what I said. Even hadn't accepted what they had.
[01:09:36.000 --> 01:09:38.000]  I'm sorry, I'm all over the place here.
[01:09:38.000 --> 01:09:45.000]  What I wanted to ask you is, if they have perjurious statement at any point
[01:09:45.000 --> 01:09:52.000]  throughout the documents in this process, namely, they did in their motion to reopen.
[01:09:52.000 --> 01:09:56.000]  If the court were to strike that, it would just render it moot,
[01:09:56.000 --> 01:09:59.000]  but I don't know if they can do that.
[01:09:59.000 --> 01:10:03.000]  I didn't attack it within 30 days, which I was supposed to have done
[01:10:03.000 --> 01:10:10.000]  if I was going to do that, but I suspect in setting the record for appeal just in case,
[01:10:10.000 --> 01:10:13.000]  attacking that might have been wise, and I did in my motion.
[01:10:13.000 --> 01:10:16.000]  I think you told me to do that a little bit here and there.
[01:10:16.000 --> 01:10:21.000]  I simply brought up that they had said that the first date of acceleration
[01:10:21.000 --> 01:10:27.000]  in the case was in 2010. This is new information that they're bringing,
[01:10:27.000 --> 01:10:33.000]  which is actually inaccurate, and it's in direct conflict with their original pleading.
[01:10:33.000 --> 01:10:37.000]  Would it be appropriate, before the judge makes his ruling now,
[01:10:37.000 --> 01:10:44.000]  for me possibly to make a motion to strike that pleading because of its perjurious content
[01:10:44.000 --> 01:10:47.000]  or try to just leave it alone at this point?
[01:10:47.000 --> 01:10:53.000]  That's one question, and then I wonder about one thing.
[01:10:53.000 --> 01:10:58.000]  I killed this ridiculous payment record, as they were calling it,
[01:10:58.000 --> 01:11:05.000]  which was just inaccurate, but I didn't actually make an objection to something
[01:11:05.000 --> 01:11:09.000]  that was probably a very smart thing to have objected to.
[01:11:09.000 --> 01:11:14.000]  I thought it was already in the record at that point, and it just went right by me,
[01:11:14.000 --> 01:11:20.000]  but they were showing what they call an affidavit of debt, and I'm sure you've seen them,
[01:11:20.000 --> 01:11:23.000]  and I bet they all look very similar.
[01:11:23.000 --> 01:11:26.000]  This affidavit of debt wasn't anything the likes of which an accountant
[01:11:26.000 --> 01:11:29.000]  or anybody self-respecting would have put together.
[01:11:29.000 --> 01:11:33.000]  It was something that was just chicken scratched over and notarized by somebody
[01:11:33.000 --> 01:11:38.000]  that actually worked for the servicer in this case that's come here
[01:11:38.000 --> 01:11:43.000]  and doing some crazy stuff, but I didn't object to it,
[01:11:43.000 --> 01:11:46.000]  and I wonder if it might be appropriate now perhaps to make a motion
[01:11:46.000 --> 01:11:52.000]  for a more defined statement because it doesn't clearly outline the amount
[01:11:52.000 --> 01:11:55.000]  that goes up on a daily basis, et cetera.
[01:11:55.000 --> 01:12:02.000]  How much notice did you have of this particular document?
[01:12:02.000 --> 01:12:03.000]  I don't even understand what you're asking.
[01:12:03.000 --> 01:12:05.000]  How much notice of it?
[01:12:05.000 --> 01:12:11.000]  Did you see that particular document before the hearing?
[01:12:11.000 --> 01:12:12.000]  Yes, sir.
[01:12:12.000 --> 01:12:17.000]  It was filed in the original complaint, actually, and so I had seen it,
[01:12:17.000 --> 01:12:21.000]  and when the judge asked me if I had any objections, I said,
[01:12:21.000 --> 01:12:24.000]  this is nothing that's not already in the record, Your Honor.
[01:12:24.000 --> 01:12:29.000]  It's part of the original complaint, and they just cruised right by it.
[01:12:29.000 --> 01:12:34.000]  I did say, and I guess they didn't take notice of what I was saying,
[01:12:34.000 --> 01:12:37.000]  or I didn't say, this is your say, Your Honor.
[01:12:37.000 --> 01:12:42.000]  This is not anything that's empirically produced.
[01:12:42.000 --> 01:12:48.000]  It was something that someone had notarized, but it just looked like it.
[01:12:48.000 --> 01:12:53.000]  Had you raised these issues about that document previously?
[01:12:53.000 --> 01:12:57.000]  No, I hadn't.
[01:12:57.000 --> 01:13:03.000]  Then if you can show that the document is fraudulent,
[01:13:03.000 --> 01:13:08.000]  then at any point, you can always challenge that.
[01:13:08.000 --> 01:13:09.000]  Okay.
[01:13:09.000 --> 01:13:11.000]  That's an appropriate thing to do, then.
[01:13:11.000 --> 01:13:17.000]  The plaintiff's counsel had said, and this is all that she said.
[01:13:17.000 --> 01:13:20.000]  Again, it's insulting to the intelligence of the court and anybody in it
[01:13:20.000 --> 01:13:23.000]  that this should happen, but it happens every day.
[01:13:23.000 --> 01:13:30.000]  She said, this amount goes up approximately $23 per day,
[01:13:30.000 --> 01:13:32.000]  or something to that effect.
[01:13:32.000 --> 01:13:35.000]  So I was figuring, as I thought about everything in retrospect,
[01:13:35.000 --> 01:13:39.000]  I should make maybe a motion for a more defined statement,
[01:13:39.000 --> 01:13:44.000]  something that gives the exact figure involved, et cetera.
[01:13:44.000 --> 01:13:48.000]  Exactly, and something to support the exact figure.
[01:13:48.000 --> 01:13:53.000]  Yeah, and if I do this before the judge makes his ruling,
[01:13:53.000 --> 01:13:56.000]  it's just a little more timely.
[01:13:56.000 --> 01:14:03.000]  I think in my case, this judge, if he's doing his homework, and he's busy,
[01:14:03.000 --> 01:14:08.000]  but he's taking his time, maybe he's reading this plea to the jurisdiction.
[01:14:08.000 --> 01:14:12.000]  What I put together, I spent a day busting my brain on,
[01:14:12.000 --> 01:14:19.000]  and I used a template that I'd gotten by email from Steve that was good,
[01:14:19.000 --> 01:14:23.000]  and I looked at the one that you had, which was much more thorough
[01:14:23.000 --> 01:14:25.000]  and much more threatening.
[01:14:25.000 --> 01:14:26.000]  It was wonderful.
[01:14:26.000 --> 01:14:28.000]  I didn't incorporate that into it, necessarily,
[01:14:28.000 --> 01:14:31.000]  because it's just not the time to go look all that stuff up,
[01:14:31.000 --> 01:14:35.000]  but I put together something that I'm kind of proud of,
[01:14:35.000 --> 01:14:39.000]  and in any event, if he looks at that, he may just throw the case down.
[01:14:39.000 --> 01:14:42.000]  On the face value, it's filed past statute of limitations.
[01:14:42.000 --> 01:14:43.000]  That's it.
[01:14:43.000 --> 01:14:47.000]  I suspect the judge didn't like the default judgment,
[01:14:47.000 --> 01:14:50.000]  because my motion sat on his desk for 90 days.
[01:14:50.000 --> 01:14:51.000]  Nobody opposed.
[01:14:51.000 --> 01:14:53.000]  He finally signed it.
[01:14:53.000 --> 01:14:55.000]  They said I didn't serve them.
[01:14:55.000 --> 01:15:00.000]  I said, Your Honor, I've got this proof of service,
[01:15:00.000 --> 01:15:02.000]  because I sent it by certified mail.
[01:15:02.000 --> 01:15:04.000]  It was delivered during business hours.
[01:15:04.000 --> 01:15:08.000]  Here's something that comes from doing your reading, as you guys suggest.
[01:15:08.000 --> 01:15:15.000]  I read very clearly that in the rules of civil procedure,
[01:15:15.000 --> 01:15:21.000]  a law firm that is capable of bringing such a suit in this state
[01:15:21.000 --> 01:15:24.000]  has to be open during business hours.
[01:15:24.000 --> 01:15:27.000]  I had a little fun with that.
[01:15:27.000 --> 01:15:31.000]  I guess the most important thing I was thinking about
[01:15:31.000 --> 01:15:34.000]  is I need to make a motion for a more defined statement,
[01:15:34.000 --> 01:15:37.000]  which, if nothing more, should properly embarrass them
[01:15:37.000 --> 01:15:41.000]  since this affidavit of debt is just a piece of crap.
[01:15:41.000 --> 01:15:43.000]  I hope that's not a bad thing to say on the radio.
[01:15:43.000 --> 01:15:44.000]  Sorry.
[01:15:44.000 --> 01:15:47.000]  I think you can say crap on the radio.
[01:15:47.000 --> 01:15:49.000]  Yeah.
[01:15:49.000 --> 01:15:57.000]  As we go further, I was thinking this might be some fun.
[01:15:57.000 --> 01:15:59.000]  You would love this, I think.
[01:15:59.000 --> 01:16:03.000]  In their original motion for summary judgment,
[01:16:03.000 --> 01:16:09.000]  it was filed by an attorney who did not make an entry of appearance,
[01:16:09.000 --> 01:16:13.000]  and I figure the rules on that are probably the same everywhere.
[01:16:13.000 --> 01:16:17.000]  I don't know if the court can just elect to overlook that,
[01:16:17.000 --> 01:16:21.000]  but I believe they're supposed to make an entry of appearance
[01:16:21.000 --> 01:16:23.000]  or they're supposed to file something to the court.
[01:16:23.000 --> 01:16:28.000]  The court can overlook it if you don't raise the issue.
[01:16:28.000 --> 01:16:32.000]  But if you raise the issue, you instruct the court that while that may be filed,
[01:16:32.000 --> 01:16:39.000]  the court cannot see it because it is not properly filed.
[01:16:39.000 --> 01:16:46.000]  It's filed by a pro se, not a lawyer.
[01:16:46.000 --> 01:16:53.000]  He's a pro se because he's not a lawyer in this case.
[01:16:53.000 --> 01:16:54.000]  Interesting.
[01:16:54.000 --> 01:16:55.000]  Hang on, hang on.
[01:16:55.000 --> 01:17:01.000]  We'll be right back.
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[01:19:25.000 --> 01:19:36.000]  Okay, we are back.
[01:19:36.000 --> 01:19:42.000]  Randy Kelton, Debra Stevens, Rule of Law Radio, and we're talking to Mark in Texas.
[01:19:42.000 --> 01:19:48.000]  Yeah, so just to sum it all up, I wanted to ask you your advice on
[01:19:48.000 --> 01:19:53.000]  whether you think I should file a motion to strike where there are perjures,
[01:19:53.000 --> 01:19:55.000]  statements in the pleadings?
[01:19:55.000 --> 01:20:02.000]  Am I filing a motion to strike the entire pleading or strike that from the pleading?
[01:20:02.000 --> 01:20:10.000]  If the pleading has fraudulent or perjurious statements in it,
[01:20:10.000 --> 01:20:14.000]  it taints the entire pleading.
[01:20:14.000 --> 01:20:15.000]  Okay.
[01:20:15.000 --> 01:20:18.000]  And you ask the court to strike the entire pleading.
[01:20:18.000 --> 01:20:24.000]  That's a great conundrum here because I'm going to ask the judge in this motion,
[01:20:24.000 --> 01:20:30.000]  at least by Monday, I'm going to ask him to strike the entire motion to reopen the case.
[01:20:30.000 --> 01:20:33.000]  And he never should have reopened this case with that anyway,
[01:20:33.000 --> 01:20:36.000]  but it's too late perhaps to argue that he's wrong.
[01:20:36.000 --> 01:20:38.000]  I didn't argue that he's wrong right there.
[01:20:38.000 --> 01:20:41.000]  I wasn't quite really ready to do that.
[01:20:41.000 --> 01:20:46.000]  But anyway, that will be something interesting.
[01:20:46.000 --> 01:20:49.000]  And then as far as an affidavit of debt,
[01:20:49.000 --> 01:20:57.000]  I should file a motion for a more defined statement or motion to strike at this point
[01:20:57.000 --> 01:21:00.000]  because it's unclear?
[01:21:00.000 --> 01:21:04.000]  If the affidavit is unclear, motion to strike.
[01:21:04.000 --> 01:21:07.000]  And then let him file another affidavit then, right?
[01:21:07.000 --> 01:21:08.000]  Right.
[01:21:08.000 --> 01:21:11.000]  Let him file another if he want to.
[01:21:11.000 --> 01:21:12.000]  Got it.
[01:21:12.000 --> 01:21:16.000]  Claim that the document is insufficient.
[01:21:16.000 --> 01:21:18.000]  These aren't proceeds filing this.
[01:21:18.000 --> 01:21:20.000]  These are learning counsel.
[01:21:20.000 --> 01:21:22.000]  Attorneys.
[01:21:22.000 --> 01:21:26.000]  They can't claim that they were ignorant of how to do this.
[01:21:26.000 --> 01:21:28.000]  Yeah.
[01:21:28.000 --> 01:21:31.000]  Have you done research on affidavits?
[01:21:31.000 --> 01:21:34.000]  I'm about to since you're suggesting it.
[01:21:34.000 --> 01:21:36.000]  No, that's the answer.
[01:21:36.000 --> 01:21:37.000]  Okay.
[01:21:37.000 --> 01:21:41.000]  Do a little research on affidavits to be very helpful.
[01:21:41.000 --> 01:21:42.000]  Okay.
[01:21:42.000 --> 01:21:43.000]  I will do it.
[01:21:43.000 --> 01:21:52.000]  And if they have clearly made statements of material fact that were untrue,
[01:21:52.000 --> 01:22:01.000]  that should get criminal complaints filed totally separate from this case that's going on.
[01:22:01.000 --> 01:22:02.000]  Okay.
[01:22:02.000 --> 01:22:05.000]  Now, lawyers don't like, they don't do that to other lawyers,
[01:22:05.000 --> 01:22:08.000]  and the judge is not going to like you doing it.
[01:22:08.000 --> 01:22:09.000]  Right.
[01:22:09.000 --> 01:22:12.000]  You don't care what he likes.
[01:22:12.000 --> 01:22:13.000]  He's a servant.
[01:22:13.000 --> 01:22:15.000]  He's there to follow law.
[01:22:15.000 --> 01:22:22.000]  And the nice thing about this is if you file criminal complaints against these guys
[01:22:22.000 --> 01:22:25.000]  and they come into court and say anything about it,
[01:22:25.000 --> 01:22:37.000]  then you ask the court to take a complaint against them for witness tampering and obstruction.
[01:22:37.000 --> 01:22:41.000]  It's a trap.
[01:22:41.000 --> 01:22:46.000]  You know, I go in and file complaints, and when I file a complaint,
[01:22:46.000 --> 01:22:58.000]  if anybody says anything to me that would in any way tend to come across as threatening or intimidating,
[01:22:58.000 --> 01:22:59.000]  that's tampering with a witness.
[01:22:59.000 --> 01:23:01.000]  That's felony.
[01:23:01.000 --> 01:23:02.000]  Right.
[01:23:02.000 --> 01:23:07.000]  I heard you say this, now it all comes together in a good way.
[01:23:07.000 --> 01:23:09.000]  That makes all the sense in the world.
[01:23:09.000 --> 01:23:12.000]  Lawyers normally don't do this.
[01:23:12.000 --> 01:23:16.000]  They don't want to get into this because they don't want it done to them.
[01:23:16.000 --> 01:23:20.000]  And that's why they hate procès, because you can do this.
[01:23:20.000 --> 01:23:21.000]  Right.
[01:23:21.000 --> 01:23:22.000]  Okay.
[01:23:22.000 --> 01:23:23.000]  Now, that's good.
[01:23:23.000 --> 01:23:30.000]  I have no rights but what I assert, and I'm curious about one other thing.
[01:23:30.000 --> 01:23:33.000]  I brought this up in the court.
[01:23:33.000 --> 01:23:38.000]  It wasn't incredibly clear, but I wanted to make it very clear to the judge
[01:23:38.000 --> 01:23:49.000]  that there were issues of material fact that had not been dealt with sufficiently
[01:23:49.000 --> 01:23:54.000]  for the judge to give them summary judgment, and there were questions involved.
[01:23:54.000 --> 01:24:01.000]  And I said, Your Honor, I did raise the issue of the plaintiff's standing in my original response
[01:24:01.000 --> 01:24:08.000]  and in my amended response, and I very aptly pointed out before the court that they're sprawling here.
[01:24:08.000 --> 01:24:17.000]  And I would like to do further discovery that would reveal that in a much more clear way before the court.
[01:24:17.000 --> 01:24:19.000]  Man, I've got some good stuff.
[01:24:19.000 --> 01:24:27.000]  And as far as it all goes, this servicer, SPS, has been busted all over the place for robo-signing
[01:24:27.000 --> 01:24:32.000]  and other things in other cases, Bressler case, Florida, et cetera.
[01:24:32.000 --> 01:24:35.000]  Or rather, that's in New York, but really good one.
[01:24:35.000 --> 01:24:40.000]  And I have the same players, you know, that are involved in that case.
[01:24:40.000 --> 01:24:45.000]  But what I wanted to ask you is, does it make sense now,
[01:24:45.000 --> 01:24:50.000]  does it make sense to file further discovery while I'm waiting on this judge to rule on my motion
[01:24:50.000 --> 01:24:53.000]  for summary judgment, or should I wait?
[01:24:53.000 --> 01:24:54.000]  Does that confuse it?
[01:24:54.000 --> 01:24:59.000]  Does it give him pause or reason not to make a ruling right now?
[01:24:59.000 --> 01:25:05.000]  It cannot affect what the judge will rule.
[01:25:05.000 --> 01:25:10.000]  He's not going to pay any attention to anything concerning the ruling.
[01:25:10.000 --> 01:25:14.000]  He's going to rule based on what is before him.
[01:25:14.000 --> 01:25:20.000]  So it makes all the sense in the world to take it to them and go after them for fraud.
[01:25:20.000 --> 01:25:28.000]  I understand, generally speaking, where there's fraud or there's a fraud upon the court,
[01:25:28.000 --> 01:25:34.000]  if they're asking for money, then, you know, if they're asking for $200,000
[01:25:34.000 --> 01:25:39.000]  and this fraud is clear and been shown to the court,
[01:25:39.000 --> 01:25:42.000]  then the typical award is travel damages, I think.
[01:25:42.000 --> 01:25:46.000]  Is that pretty much the case?
[01:25:46.000 --> 01:25:53.000]  In fraud, you don't claim the amount you were actually defrauded of.
[01:25:53.000 --> 01:26:01.000]  You claim the amount you would have been defrauded of had the perpetrators' plan ran through fruition,
[01:26:01.000 --> 01:26:05.000]  but you don't sue for that amount, you sue for travel.
[01:26:05.000 --> 01:26:12.000]  Right, so more or less what I think what you're saying is while they're suing for $200,000,
[01:26:12.000 --> 01:26:15.000]  I need to think about what the sum total of all the payments would have been
[01:26:15.000 --> 01:26:19.000]  at 9.75% interest over a 30-year period.
[01:26:19.000 --> 01:26:21.000]  Just send me the numbers.
[01:26:21.000 --> 01:26:26.000]  Send me the note, the 101 settlement statement,
[01:26:26.000 --> 01:26:31.000]  and I've got a rather large spreadsheet, took me six months to build,
[01:26:31.000 --> 01:26:37.000]  that I'll run the numbers through and I'll give you a very large claim against them.
[01:26:37.000 --> 01:26:40.000]  Oh, that would be so beautiful.
[01:26:40.000 --> 01:26:45.000]  Have you attempted rescission?
[01:26:45.000 --> 01:26:48.000]  Personally, I don't even know what you're talking about.
[01:26:48.000 --> 01:26:55.000]  Okay, the Truth in Lending Act, yeah, TILA, Truth in Lending Act.
[01:26:55.000 --> 01:27:03.000]  The very last statute, right at the very end, it says that after foreclosure,
[01:27:03.000 --> 01:27:07.000]  once you've received a notice of acceleration,
[01:27:07.000 --> 01:27:18.000]  and you can show more than $35 in fraudulent fees charged, the right to rescind renews.
[01:27:18.000 --> 01:27:26.000]  So before the judge renders a ruling, you might file a rescission.
[01:27:26.000 --> 01:27:28.000]  And then claim tender by set off.
[01:27:28.000 --> 01:27:36.000]  We'll run the numbers on the fees charged on the 101 settlement statement.
[01:27:36.000 --> 01:27:38.000]  Okay, here's the deal.
[01:27:38.000 --> 01:27:44.000]  At closing, the, you know, always since this wasn't,
[01:27:44.000 --> 01:27:46.000]  you didn't close on this so you won't be able to answer this,
[01:27:46.000 --> 01:27:49.000]  but you'll be able to look in the record and see about it.
[01:27:49.000 --> 01:27:53.000]  I generally ask people at closing, did the lender provide documentation
[01:27:53.000 --> 01:27:57.000]  to show that the fees that were charged on the 101 settlement statement
[01:27:57.000 --> 01:28:01.000]  were not otherwise forbidden to be charged by law,
[01:28:01.000 --> 01:28:09.000]  that the amount that the fees for the services charged for were actually rendered,
[01:28:09.000 --> 01:28:11.000]  that the services were necessary,
[01:28:11.000 --> 01:28:16.000]  that the vendor that performed the service was a bona fide vendor
[01:28:16.000 --> 01:28:19.000]  and not a front company for one of your fiduciaries,
[01:28:19.000 --> 01:28:22.000]  that the amounts charged were reasonable,
[01:28:22.000 --> 01:28:27.000]  and that the lender did not take an undisclosed markup on the amounts charged.
[01:28:27.000 --> 01:28:30.000]  If you did not receive any such documentation,
[01:28:30.000 --> 01:28:37.000]  then the presumption is that every fee on the 101 settlement statement was fraudulent.
[01:28:37.000 --> 01:28:41.000]  You demand that the lender prove them up.
[01:28:41.000 --> 01:28:45.000]  See, this goes to the last provision of TILA.
[01:28:45.000 --> 01:28:51.000]  $35 in false fees reinvigorates the right to rescind.
[01:28:51.000 --> 01:28:53.000]  So you claim they're all false.
[01:28:53.000 --> 01:28:57.000]  And we've done this in about 500 federal lawsuits.
[01:28:57.000 --> 01:29:04.000]  And not one single fee has ever been proven.
[01:29:04.000 --> 01:29:09.000]  These are the ones that are absolutely verifiably legitimate.
[01:29:09.000 --> 01:29:13.000]  And the reason none of them were proven is because...
[01:29:13.000 --> 01:29:15.000]  So if you rescind, you get out of the contract,
[01:29:15.000 --> 01:29:20.000]  and basically the house is not yours, not theirs, or what have you?
[01:29:20.000 --> 01:29:22.000]  Okay, now here's where we go.
[01:29:22.000 --> 01:29:24.000]  You claim tender by set-off.
[01:29:24.000 --> 01:29:29.000]  When you rescind, they've got to give you back everything you've given them,
[01:29:29.000 --> 01:29:34.000]  but you've got to give them back what they gave you, the house.
[01:29:34.000 --> 01:29:39.000]  So you claim tender of the property, the value of the property,
[01:29:39.000 --> 01:29:44.000]  by set-off against the claim you have against them.
[01:29:44.000 --> 01:29:47.000]  That will jerk a knot in their shorts.
[01:29:47.000 --> 01:29:50.000]  To get around tender, they have to prove up all the fees.
[01:29:50.000 --> 01:29:58.000]  They can't prove up all the fees because at least one of them is absolutely fraudulent.
[01:29:58.000 --> 01:30:05.000]  Like most people, you probably know trans fat and saturated fat
[01:30:05.000 --> 01:30:07.000]  can contribute to heart disease.
[01:30:07.000 --> 01:30:10.000]  But a new study shows there's another dark side to these substances
[01:30:10.000 --> 01:30:12.000]  you might not know about.
[01:30:12.000 --> 01:30:16.000]  I'm Dr. Catherine Albrecht, and I'll be back with more in just a moment.
[01:30:16.000 --> 01:30:18.000]  Privacy is under attack.
[01:30:18.000 --> 01:30:21.000]  When you give up data about yourself, you'll never get it back again.
[01:30:21.000 --> 01:30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.000 --> 01:30:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.000 --> 01:30:34.000]  Privacy, it's worth hanging on to.
[01:30:34.000 --> 01:30:37.000]  This public service announcement is brought to you by StartPage.com,
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[01:30:45.000 --> 01:30:49.000]  Getting food laden with trans and saturated fats isn't just bad for your heart,
[01:30:49.000 --> 01:30:51.000]  it's bad for your mind.
[01:30:51.000 --> 01:30:54.000]  A new study has found that people who eat a diet high in these fats
[01:30:54.000 --> 01:30:59.000]  have a 48% greater risk of depression than those who don't consume them.
[01:30:59.000 --> 01:31:02.000]  Trans fats are modified vegetable fats used in many fast foods
[01:31:02.000 --> 01:31:05.000]  and bakery products to extend their shelf life.
[01:31:05.000 --> 01:31:09.000]  Saturated fats are found in animal-based foods like meat and dairy products,
[01:31:09.000 --> 01:31:12.000]  as well as coconut, palm, and palm kernel oil.
[01:31:12.000 --> 01:31:15.000]  Fortunately, all fats are not created equal.
[01:31:15.000 --> 01:31:18.000]  Polyunsaturated fats like those found in fish and olive oil
[01:31:18.000 --> 01:31:21.000]  can actually help reduce the risk of depression.
[01:31:21.000 --> 01:31:26.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:51.000 --> 01:31:54.000]  I'm a New York City correction officer. I'm an Air Force pilot.
[01:31:54.000 --> 01:31:58.000]  I'm a father who lost his son. We're Americans, and we deserve the truth.
[01:31:58.000 --> 01:32:22.000]  Go to RememberBuilding7.org today.
[01:32:29.000 --> 01:32:32.000]  to handle your claim and your roof right the first time.
[01:32:32.000 --> 01:32:38.000]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.000 --> 01:32:41.000]  Mention the crypto show and get $100 off,
[01:32:41.000 --> 01:32:44.000]  and we'll donate another $100 to the Logos Radio Network
[01:32:44.000 --> 01:32:46.000]  to help continue this programming.
[01:32:46.000 --> 01:32:50.000]  So if those out of town roofers come knocking, your door should be locking.
[01:32:50.000 --> 01:32:56.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.000 --> 01:32:58.000]  Discounts are based on full roof replacement.
[01:32:58.000 --> 01:33:01.000]  Me not actually be kidding about chemtrails.
[01:33:01.000 --> 01:33:12.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:12.000 --> 01:33:26.000]  Yeah.
[01:33:42.000 --> 01:33:45.000]  I'm a New York City correction officer.
[01:33:45.000 --> 01:33:49.000]  I'm a father who lost his son. We're Americans, and we deserve the truth.
[01:33:49.000 --> 01:34:10.000]  Go to RememberBuilding7.org today.
[01:34:10.000 --> 01:34:35.120]  Okay, we are back, Randy Kelton, Debra Stevens, Real Law Radio, and I have recovered from
[01:34:35.120 --> 01:34:37.840]  running off the cliff.
[01:34:37.840 --> 01:34:43.840]  That's what we call it when I talk over the break, which is a real no-no and I will get
[01:34:43.840 --> 01:34:47.120]  beaten around the eyes and the ears for that.
[01:34:47.120 --> 01:34:50.400]  Okay, Mark, where were we?
[01:34:50.400 --> 01:34:53.680]  I had a rather busy break.
[01:34:53.680 --> 01:34:58.840]  You were telling me a lot that basically is just going to stimulate my mind.
[01:34:58.840 --> 01:35:03.200]  I'll probably listen to this show again and write down everything.
[01:35:03.200 --> 01:35:08.480]  I've tried to write down what you're saying, but more or less that I might consider the
[01:35:08.480 --> 01:35:14.120]  idea of filing for rescission because there's a TEWA violation.
[01:35:14.120 --> 01:35:17.680]  I'm sure it's got to be there here.
[01:35:17.680 --> 01:35:25.640]  This servicer is attempting to bring this suit and their employees has signed a corporate
[01:35:25.640 --> 01:35:30.680]  assignment of mortgage from a company that was the original lender, which was out of
[01:35:30.680 --> 01:35:32.120]  business in 2008.
[01:35:32.120 --> 01:35:34.800]  They filed Chapter 11 and all their assets were divided.
[01:35:34.800 --> 01:35:42.400]  It's a securitized mortgage, securitized in 2006, so that alone in any instance is probably
[01:35:42.400 --> 01:35:47.120]  something which suggests that they couldn't have picked it up later.
[01:35:47.120 --> 01:35:53.040]  I'm not sure exactly how all that works, but I think mine is real simple.
[01:35:53.040 --> 01:35:59.920]  I'm going to attack the assignment with some discovery that I've pulled off the web.
[01:35:59.920 --> 01:36:09.040]  I'm going to do it as you guys had suggested in the form of requests for admission rather
[01:36:09.040 --> 01:36:12.200]  than using any kind of interrogatories here.
[01:36:12.200 --> 01:36:16.800]  I'm just going to say, this guy worked for this company, this company, this company,
[01:36:16.800 --> 01:36:21.680]  this company on that date and let them tell me what's true, let them tell the court what's
[01:36:21.680 --> 01:36:27.920]  true and go from there, I guess.
[01:36:27.920 --> 01:36:34.200]  If it makes sense, I'll send you the numbers for sure and I'm sure we're going to have
[01:36:34.200 --> 01:36:38.440]  a lot more fun with this.
[01:36:38.440 --> 01:36:44.520]  If damage is for fraud, regardless of whether I've been harmed one way or another, an attorney
[01:36:44.520 --> 01:36:49.280]  that's supposed to be something of an expert fighting this in that state, there's only
[01:36:49.280 --> 01:36:54.280]  three that I've really talked to, but this guy said, if you walk out of this court when
[01:36:54.280 --> 01:37:01.560]  you have your hearing and you end up with a quote unquote free house, he said, you should
[01:37:01.560 --> 01:37:05.960]  count yourself very lucky and that's probably all you need to do.
[01:37:05.960 --> 01:37:10.880]  You can't show that you've been harmed with respect to anything further.
[01:37:10.880 --> 01:37:20.560]  In my mind, I'm thinking, man, you're absolutely not the person I want representing me.
[01:37:20.560 --> 01:37:22.480]  It's mind boggling.
[01:37:22.480 --> 01:37:25.000]  Maybe the guy's been kicked around a little bit.
[01:37:25.000 --> 01:37:30.840]  Maybe he doesn't really know his business the way he should, but I have clear fraud
[01:37:30.840 --> 01:37:41.000]  and as I understand, relative to violations of the FDCPA and things like that, if it doesn't
[01:37:41.000 --> 01:37:46.800]  matter how much money you owe, if someone's violating the Fair Debt Collections Practices
[01:37:46.800 --> 01:37:56.880]  Act, then you can get $500 to $1,500 per phone call or possibly per letter over the next
[01:37:56.880 --> 01:37:57.880]  two years.
[01:37:57.880 --> 01:38:06.840]  If they've committed aggravated perjury, then you can sue the lawyer personally.
[01:38:06.840 --> 01:38:10.680]  You sue the lawyer for the aggravated perjury as though it's their fault.
[01:38:10.680 --> 01:38:16.200]  Exactly, that's an act they voluntarily committed and that's not something for which they are
[01:38:16.200 --> 01:38:22.440]  indemnified, Santiago V. Mackey.
[01:38:22.440 --> 01:38:27.200]  As far as that goes, is it more of a criminal proceeding or is there-
[01:38:27.200 --> 01:38:28.200]  Well, it's both.
[01:38:28.200 --> 01:38:31.040]  Are there insurances being?
[01:38:31.040 --> 01:38:35.440]  As to the criminal proceeding, you have a duty to give notice.
[01:38:35.440 --> 01:38:42.440]  Failure to give notice of a felony is misprision of felony.
[01:38:42.440 --> 01:38:47.160]  In the federal code, that's 18 U.S. Code 4.
[01:38:47.160 --> 01:38:50.360]  18 U.S. Code 4, okay.
[01:38:50.360 --> 01:38:55.580]  It's not 18 U.S. Code 72, 93, somewhere stuck way there in the back.
[01:38:55.580 --> 01:39:03.080]  It's right up there in the front where they intended that you don't miss it.
[01:39:03.080 --> 01:39:08.280]  You have to give notice because once you give notice of crime, you have no standing in the
[01:39:08.280 --> 01:39:10.160]  adjudication of the crime.
[01:39:10.160 --> 01:39:12.680]  You're just a witness, you just give notice.
[01:39:12.680 --> 01:39:22.200]  Then if anybody does anything that you can in any way consider threatening or intimidating
[01:39:22.200 --> 01:39:28.600]  because of that, then you charge them with witness tampering.
[01:39:28.600 --> 01:39:35.920]  However, if the lawyer commits aggravated perjury while representing a client, he does so to
[01:39:35.920 --> 01:39:47.200]  your detriment, you file an amended complaint asking that the court dismiss all the claims
[01:39:47.200 --> 01:39:58.600]  by the other side and make claims against the lawyer for perjury against you.
[01:39:58.600 --> 01:40:01.000]  Perjury go to fraud per se.
[01:40:01.000 --> 01:40:06.760]  So are you saying I can literally ask the court, and it's reasonable to do so, I can
[01:40:06.760 --> 01:40:09.520]  ask the court to dismiss the entire claim?
[01:40:09.520 --> 01:40:10.520]  Yes.
[01:40:10.520 --> 01:40:11.520]  The entire case?
[01:40:11.520 --> 01:40:18.920]  Yeah, the entire case against you while maintaining your case against them.
[01:40:18.920 --> 01:40:24.800]  Wow, that I would really love to do because this is-
[01:40:24.800 --> 01:40:28.240]  Yeah, you don't have to dismiss the whole case.
[01:40:28.240 --> 01:40:31.920]  You only care about dismissing their claims, and you can do that.
[01:40:31.920 --> 01:40:37.040]  The summary judgment or anything else, you can ask to dismiss all of their claims without
[01:40:37.040 --> 01:40:38.480]  affecting your claims.
[01:40:38.480 --> 01:40:44.760]  So you file an amended pleading and name the lawyer, file a bar grievance against the lawyer.
[01:40:44.760 --> 01:40:47.840]  I'll do that for sure.
[01:40:47.840 --> 01:40:52.200]  These guys want to play hardball, welcome them to the deep end of the pool.
[01:40:52.200 --> 01:41:00.040]  I'm willing to put the helmet on, but I got to learn the rules, and do you have anything
[01:41:00.040 --> 01:41:01.040]  like that?
[01:41:01.040 --> 01:41:06.160]  You were talking to somebody earlier saying on a site you have, you have a bunch of pleading
[01:41:06.160 --> 01:41:07.160]  things.
[01:41:07.160 --> 01:41:08.160]  Yeah.
[01:41:08.160 --> 01:41:09.160]  I don't think-
[01:41:09.160 --> 01:41:10.160]  Look at jurisimprudence.com.
[01:41:10.160 --> 01:41:11.160]  Okay.
[01:41:11.160 --> 01:41:17.520]  We've got a lot of stuff on there.
[01:41:17.520 --> 01:41:21.320]  I'm going to go and have a lot of fun on that.
[01:41:21.320 --> 01:41:26.560]  I got Jurisdictionary, as I heard you guys say it was worth doing.
[01:41:26.560 --> 01:41:32.920]  It has been a very good friend, but I got to say the most important influence as I've
[01:41:32.920 --> 01:41:40.520]  gone through this whole process, which is somewhat exhausting, but it's exhilarating
[01:41:40.520 --> 01:41:46.920]  to realize that we have to stand up for this, and if other people don't do it for you, you're
[01:41:46.920 --> 01:41:51.600]  going to have to do it for yourself, and if everybody did it, we wouldn't have this mess.
[01:41:51.600 --> 01:41:52.600]  Exactly.
[01:41:52.600 --> 01:41:53.600]  That's a real realization.
[01:41:53.600 --> 01:41:54.600]  Okay.
[01:41:54.600 --> 01:41:55.600]  I need to move along.
[01:41:55.600 --> 01:41:56.600]  We're getting toward our last segment.
[01:41:56.600 --> 01:41:57.600]  We've got two more callers.
[01:41:57.600 --> 01:41:58.600]  I'm done.
[01:41:58.600 --> 01:41:59.600]  Just wanted to say thanks.
[01:41:59.600 --> 01:42:00.600]  God bless you, man.
[01:42:00.600 --> 01:42:01.600]  Thank you.
[01:42:01.600 --> 01:42:02.600]  Thank you, Ben.
[01:42:02.600 --> 01:42:03.600]  Thank you, Mark.
[01:42:03.600 --> 01:42:04.600]  Okay.
[01:42:04.600 --> 01:42:05.600]  Now, we're going to go to Ted in Washington.
[01:42:05.600 --> 01:42:06.600]  Hello, Ted.
[01:42:06.600 --> 01:42:07.600]  Hello.
[01:42:07.600 --> 01:42:08.600]  Good evening, Randy.
[01:42:08.600 --> 01:42:09.600]  Can you hear me okay?
[01:42:09.600 --> 01:42:10.600]  Yes, I can.
[01:42:10.600 --> 01:42:11.600]  All right.
[01:42:11.600 --> 01:42:18.240]  Well, I called a few weeks back.
[01:42:18.240 --> 01:42:27.240]  I'm in that same situation with I'm in a collection for a failure to pay a lost conviction
[01:42:27.240 --> 01:42:35.280]  or a speeding fix situation that I had, and also they're threatening to suspend my driving
[01:42:35.280 --> 01:42:40.160]  privileges in about a couple of weeks.
[01:42:40.160 --> 01:42:47.600]  And the only two options that they give me on the administrative review request from
[01:42:47.600 --> 01:42:53.680]  the Department of Licensing is whether they can identify me or whether the information
[01:42:53.680 --> 01:42:58.280]  they receive from the court is accurate and describe the action that the court took.
[01:42:58.280 --> 01:43:06.360]  But I just want to challenge any type of pending suspension.
[01:43:06.360 --> 01:43:13.160]  This is probably something you should bring to Eddie on the Monday night show.
[01:43:13.160 --> 01:43:14.640]  Are you familiar with Eddie Craig?
[01:43:14.640 --> 01:43:15.640]  Oh, yeah.
[01:43:15.640 --> 01:43:18.880]  No, I've called him a couple of times, but I only got him in the last three minutes of
[01:43:18.880 --> 01:43:21.440]  the show while waiting my turn in queue.
[01:43:21.440 --> 01:43:22.440]  Okay.
[01:43:22.440 --> 01:43:28.520]  Well, he's really the traffic guy, and we're kind of running short tonight.
[01:43:28.520 --> 01:43:29.520]  Sure.
[01:43:29.520 --> 01:43:31.240]  You might call in tomorrow night.
[01:43:31.240 --> 01:43:33.800]  We do a four-hour show tomorrow night.
[01:43:33.800 --> 01:43:38.200]  Because I can't answer anything because I need to be brought back up to speed so I know
[01:43:38.200 --> 01:43:39.200]  the context.
[01:43:39.200 --> 01:43:43.000]  And I'll have more time to do it tomorrow night.
[01:43:43.000 --> 01:43:47.800]  If you call, I'll bring you up early since you waited tonight.
[01:43:47.800 --> 01:43:55.200]  And you're going to have to give me the whole case so I know where you stand.
[01:43:55.200 --> 01:43:57.200]  Could I email you?
[01:43:57.200 --> 01:43:58.200]  Absolutely.
[01:43:58.200 --> 01:43:59.200]  Hang on.
[01:43:59.200 --> 01:44:03.960]  Do you feel tired when talking about important topics like money and politics?
[01:44:03.960 --> 01:44:04.960]  Of course.
[01:44:04.960 --> 01:44:07.800]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.800 --> 01:44:08.800]  What?
[01:44:08.800 --> 01:44:12.480]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.480 --> 01:44:18.160]  Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity
[01:44:18.160 --> 01:44:19.360]  at an early age.
[01:44:19.360 --> 01:44:23.360]  I had no idea that the number one cause of the disease is found in almost every home
[01:44:23.360 --> 01:44:25.360]  in America, the television.
[01:44:25.360 --> 01:44:29.280]  Unfortunately, that puts most Americans at risk of catching stupidity.
[01:44:29.280 --> 01:44:30.280]  But there is hope.
[01:44:30.280 --> 01:44:34.280]  The staff at Brave New Books have helped me and thousands of other Foxaholics suffering
[01:44:34.280 --> 01:44:36.560]  from sports-zombieism recover.
[01:44:36.560 --> 01:44:40.800]  And because of Brave New Books, I now enjoy reading and watching educational documentaries
[01:44:40.800 --> 01:44:42.880]  without feeling tired or uninterested.
[01:44:42.880 --> 01:44:50.840]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503
[01:44:50.840 --> 01:44:54.920]  or visit them at 1904Guadalupe or bravenewbookstore.com.
[01:44:54.920 --> 01:44:58.280]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary
[01:44:58.280 --> 01:45:00.000]  and an overall increase in mental functioning.
[01:45:00.000 --> 01:45:04.600]  Are you the plaintiff or defendant in a lawsuit?
[01:45:04.600 --> 01:45:11.360]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[01:45:11.360 --> 01:45:15.280]  that will show you how in 24 hours, step by step.
[01:45:15.280 --> 01:45:19.120]  If you have a lawyer, know what your lawyer should be doing.
[01:45:19.120 --> 01:45:23.840]  If you don't have a lawyer, know what you should do for yourself.
[01:45:23.840 --> 01:45:29.080]  Lawyers have won with our step-by-step course, and now you can too.
[01:45:29.080 --> 01:45:35.000]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:35.000 --> 01:45:39.560]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[01:45:39.560 --> 01:45:43.840]  principles and practices that control our American courts.
[01:45:43.840 --> 01:45:50.000]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[01:45:50.000 --> 01:45:56.680]  pro se tactics, and much more, please visit ruleoflawradio.com and click on the banner
[01:45:56.680 --> 01:45:59.680]  or call toll-free, 866-LAW-EZ.
[01:45:59.680 --> 01:46:25.280]  Hello, oh man, I'm in jail, I'm broke, oh man, I'm broke, man, something in this world
[01:46:25.280 --> 01:46:35.880]  I will never understand, something I realize fully, somebody's going to police that policeman,
[01:46:35.880 --> 01:46:39.880]  somebody's going to police, police.
[01:46:39.880 --> 01:46:47.880]  There's always a room at the top of the hill, I hear things are great, mine and his lonely
[01:46:47.880 --> 01:46:48.880]  left too.
[01:46:48.880 --> 01:46:54.280]  Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Ted
[01:46:54.280 --> 01:46:55.280]  in Washington.
[01:46:55.280 --> 01:47:00.600]  And Ted, I've still got one more caller in one segment, can you call in tomorrow night
[01:47:00.600 --> 01:47:01.960]  and we'll take you early?
[01:47:01.960 --> 01:47:06.280]  Sure, thank you, Randy, I will make an effort to do that.
[01:47:06.280 --> 01:47:13.240]  Good, good, thank you, okay, now we're going to go to John in Texas, hello John.
[01:47:13.240 --> 01:47:19.560]  Hello, how are you doing, it's been a while since I talked to you.
[01:47:19.560 --> 01:47:20.560]  Way to miss part of that.
[01:47:20.560 --> 01:47:21.560]  That's me.
[01:47:21.560 --> 01:47:25.960]  That's just this thing, can you hear me good now?
[01:47:25.960 --> 01:47:27.960]  Yes, I can.
[01:47:27.960 --> 01:47:35.920]  Okay, what this is, it was about a bankruptcy, I'm still in bankruptcy, what I did, the release,
[01:47:35.920 --> 01:47:48.360]  I filed bankruptcy the 31st of January 2014, in July the 23rd, 2014, it was released, it
[01:47:48.360 --> 01:47:58.000]  was a discharge, about, oh, two months after that I get a letter from some attorneys in
[01:47:58.000 --> 01:48:04.560]  Dallas, it's that funny name deal, Engelberger and Daphne and Flipper.
[01:48:04.560 --> 01:48:08.560]  Barrett, Daphne, Frappin, and Kiss My Behind?
[01:48:08.560 --> 01:48:09.560]  Yes.
[01:48:09.560 --> 01:48:10.560]  Okay.
[01:48:10.560 --> 01:48:22.800]  Bank of America, that's what I had the loan with, it was $82,900, a month before I filed
[01:48:22.800 --> 01:48:33.160]  bankruptcy they lowered the price to $32,500, they did not object in my bankruptcy, but
[01:48:33.160 --> 01:48:38.440]  I thought everything's pretty cool, until this attorney firm got into it.
[01:48:38.440 --> 01:48:44.240]  Okay, hold on, did you claim the property is unsecured?
[01:48:44.240 --> 01:48:47.680]  Yes, I did.
[01:48:47.680 --> 01:48:52.240]  Did they discharge the debt?
[01:48:52.240 --> 01:49:01.040]  They didn't say anything about it, they did not object to it, and I also put on it as
[01:49:01.040 --> 01:49:10.520]  exempt property, I'm thinking that was part A, but I also put it as exempt, but no one
[01:49:10.520 --> 01:49:14.400]  connected with the bank or the trustee objected.
[01:49:14.400 --> 01:49:22.040]  Okay, did the bank come to the bankruptcy court and file its claim?
[01:49:22.040 --> 01:49:23.040]  No.
[01:49:23.040 --> 01:49:32.080]  Then the bankruptcy court discharged the debt then?
[01:49:32.080 --> 01:49:41.200]  There's another part to it, they sent me a bill, Bank of America, and said $3,300 of
[01:49:41.200 --> 01:49:47.520]  it is bankruptcy fees from Bank of America.
[01:49:47.520 --> 01:49:56.560]  I went to the trustee's office three times, and I did not believe they did not file it,
[01:49:56.560 --> 01:50:02.040]  and the girl said, I tell you what, I'm just going to give you a copy, four people objected,
[01:50:02.040 --> 01:50:07.040]  Bank of America did not, and that's going to be really interesting.
[01:50:07.040 --> 01:50:16.080]  Yes, so they're charging you a fee for your bankruptcy that they didn't participate in.
[01:50:16.080 --> 01:50:23.920]  That's correct, and there's like $48 filing fee with bankruptcy court, $1,200 abstract
[01:50:23.920 --> 01:50:33.400]  fee, there's these other fees, attorney fees, there's about six or eight different charges
[01:50:33.400 --> 01:50:40.880]  on there that added up to $3,360, that's pretty much a bankruptcy fraud.
[01:50:40.880 --> 01:50:52.120]  That's what it sounds like, but also, did you list the property in your bankruptcy?
[01:50:52.120 --> 01:50:53.120]  Yes.
[01:50:53.120 --> 01:51:01.800]  So if you listed it and the bankruptcy court discharged it, go online and do a search for
[01:51:01.800 --> 01:51:12.160]  bankruptcy effect of discharge, and you'll get a hit on 11 U.S.C. 256, I believe, Eve.
[01:51:12.160 --> 01:51:13.160]  Okay.
[01:51:13.160 --> 01:51:19.440]  And it says that they are forbidden to pursue collection, that's been written off, that's
[01:51:19.440 --> 01:51:30.040]  over with, and now you need to file suit against them under FDCPA, or at least send them a
[01:51:30.040 --> 01:51:32.240]  dispute letter.
[01:51:32.240 --> 01:51:33.240]  Okay.
[01:51:33.240 --> 01:51:39.680]  Randy, I'm looking at the clock, and I'm showing about eight minutes till, and I've got a lot
[01:51:39.680 --> 01:51:47.120]  of information, I go real far down to the rabbit hole, I go all the way to the center
[01:51:47.120 --> 01:51:54.240]  of the earth, the rabbit hole, and I'm going to skim through some of these things.
[01:51:54.240 --> 01:52:03.600]  Now that was my promissory note at closing, I bought the, I did a loan the 18th of February
[01:52:03.600 --> 01:52:07.860]  2005.
[01:52:07.860 --> 01:52:16.920]  The loan was in default February the 18th, 2005, the same day, and the reason it was
[01:52:16.920 --> 01:52:23.240]  in default is they never put it into an asset-backed security.
[01:52:23.240 --> 01:52:34.800]  There's 11,140 loans that was in that trustee group, 301 days later, there's four, two plus
[01:52:34.800 --> 01:52:37.600]  two is four.
[01:52:37.600 --> 01:52:39.600]  Mine was never put into it.
[01:52:39.600 --> 01:52:40.600]  Okay.
[01:52:40.600 --> 01:52:41.600]  Okay.
[01:52:41.600 --> 01:52:45.080]  How does that make you in default?
[01:52:45.080 --> 01:52:52.080]  It was never filed, see, people brainwash, this is not a promissory note, it's an investment
[01:52:52.080 --> 01:53:02.480]  security, got to kind of get your head straight, it's a Texas security and also United States
[01:53:02.480 --> 01:53:08.120]  of America investment security, a security exchange condition.
[01:53:08.120 --> 01:53:12.480]  So, well, okay, I think there's some confusion here.
[01:53:12.480 --> 01:53:15.760]  The promissory note is a promissory note.
[01:53:15.760 --> 01:53:21.400]  The promissory note is never sold into the trust.
[01:53:21.400 --> 01:53:26.760]  The promissory note is a security instrument and there's a problem with the way they use
[01:53:26.760 --> 01:53:27.760]  security instrument.
[01:53:27.760 --> 01:53:35.120]  The deed of trust is a security instrument to secure payment on the promise to pay.
[01:53:35.120 --> 01:53:45.320]  But when the security is created, the note is a security instrument to secure the security.
[01:53:45.320 --> 01:53:54.600]  It is the security that's in the trust, not the note, does that make sense?
[01:53:54.600 --> 01:54:03.880]  The security is the payment stream.
[01:54:03.880 --> 01:54:05.800]  That's what goes into the security.
[01:54:05.800 --> 01:54:13.000]  The note is being held by the servicer, according to GMA, all of the documents are filed with
[01:54:13.000 --> 01:54:23.480]  a commitment officer for GMA and the commitment officer commits GMA to back the note and then
[01:54:23.480 --> 01:54:27.320]  the commitment officer is to maintain all of these documents until termination of the
[01:54:27.320 --> 01:54:28.320]  contract.
[01:54:28.320 --> 01:54:31.600]  So the note stays with the commitment officer.
[01:54:31.600 --> 01:54:38.720]  It is the right to be paid that goes and becomes a security and that note secures the right
[01:54:38.720 --> 01:54:39.720]  to be paid.
[01:54:39.720 --> 01:54:48.000]  Right, but it's no good, both of them are no good because it was never transferred into
[01:54:48.000 --> 01:54:50.360]  the trust.
[01:54:50.360 --> 01:55:00.600]  The trust was $2,388,000,000,000, 100, it was never put in, it's not any good.
[01:55:00.600 --> 01:55:05.200]  Okay, because now there's a 90-day window.
[01:55:05.200 --> 01:55:15.600]  Yeah, most of these trusts are only open for a 90-day period and if you look at, John already
[01:55:15.600 --> 01:55:20.680]  knows this but everybody else, you look at the name of the trust and it will have a four-digit
[01:55:20.680 --> 01:55:26.400]  number and then a one-digit or one or two-digit number and that's generally, isn't that the
[01:55:26.400 --> 01:55:30.800]  closing date or is that the opening date, John?
[01:55:30.800 --> 01:55:41.240]  It would be month and year of the note, of the pool and there's a 90-day period in which
[01:55:41.240 --> 01:55:47.040]  notes can be put into the pool and then after that, the only time a note can be put in it
[01:55:47.040 --> 01:55:53.720]  is if one that's in there fails or it's been filed into a remit and then they have to replace
[01:55:53.720 --> 01:55:58.920]  it with one of equal collateral base and then they can put one in to replace a failed note
[01:55:58.920 --> 01:56:06.720]  and they can only replace 5% and they have two years so there is a way to get notes into
[01:56:06.720 --> 01:56:12.760]  the pool after it's the closing date but it's a special process.
[01:56:12.760 --> 01:56:17.720]  Well, actually they were kind of letting them slide a little bit and they're saying the
[01:56:17.720 --> 01:56:23.520]  end of the year but anyway, anyway, long story short, because this was supposed to be an
[01:56:23.520 --> 01:56:31.760]  investment security, you can file with FinCENT, I've just got, I know what FinCENT, that's
[01:56:31.760 --> 01:56:37.120]  what the words stand for, I wrote these notes down the one I was going to give you a call
[01:56:37.120 --> 01:56:47.760]  but anyway, long story short, the note was $82,900 because they did not file, this was
[01:56:47.760 --> 01:56:56.640]  a remit, it's a penalty of 115% so that makes it 90, now this is a tax issue and Bank of
[01:56:56.640 --> 01:57:10.080]  America owes $95,335 and they also owe $56,786 because when they were paying out money to
[01:57:10.080 --> 01:57:20.520]  the investors, it's taxed at 100% and when they foreclosed on me, the trustee owes $82,900
[01:57:20.520 --> 01:57:29.520]  which adds up to $235,000 and $21, they owe that, period.
[01:57:29.520 --> 01:57:32.480]  Owe that to who?
[01:57:32.480 --> 01:57:37.240]  They owe it to the IRS.
[01:57:37.240 --> 01:57:38.240]  Okay.
[01:57:38.240 --> 01:57:40.240]  Cut dry.
[01:57:40.240 --> 01:57:45.240]  A lot of people don't know this.
[01:57:45.240 --> 01:57:53.640]  This will take, now some explaining, this is interesting, okay real fast and I'm going
[01:57:53.640 --> 01:58:01.240]  to file $44.90 with the IRS and another form also but on the $44.90, it says nobody gets
[01:58:01.240 --> 01:58:09.920]  paid, nobody, so IRS gets their money, well if they get their money, $235,000 and the
[01:58:09.920 --> 01:58:16.480]  bank's suing me for $82,900, that don't make sense, the most likely is to give me the $100,000
[01:58:16.480 --> 01:58:17.480]  but it's still owed back.
[01:58:17.480 --> 01:58:21.960]  Okay, okay, hold on, hold on, we are out of time, this is, can you call back tomorrow
[01:58:21.960 --> 01:58:22.960]  night?
[01:58:22.960 --> 01:58:23.960]  Yes.
[01:58:23.960 --> 01:58:30.280]  Good, good, okay, thank you, I want to spend some time on this, you've got my interest
[01:58:30.280 --> 01:58:31.280]  peak.
[01:58:31.280 --> 01:58:35.640]  This is Randy Kelton, Debra Stevens, rule of our radio, we'll be back tomorrow night
[01:58:35.640 --> 01:58:42.280]  on our four hour info marathon, so make sure you give us a listen, thank you all for listening
[01:58:42.280 --> 01:58:50.840]  and good night.
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