[00:00.000 --> 00:10.000] The following use flash is brought to you by the Lone Star Lowdown, providing the daily bulletins for the commodities market. [00:10.000 --> 00:23.000] Today in history, news updates and the inside scoop into the tides of the alternative. [00:23.000 --> 00:45.000] Markets for the 11th of November, 2015 opened up with gold at $1,084.79 an ounce, silver $14.30 an ounce, Texas crude $44.21 a barrel, and Bitcoin is currently sitting at about $310 U.S. currency. [00:45.000 --> 00:59.000] Today in history, Friday, November 11th, Memorial Day 1921, President Warren G. Harding officiated at the internment ceremonies at the Memorial Amphitheater at Arlington National Cemetery of one of the four caskets exhumed from American cemeteries in France. [00:59.000 --> 01:07.000] This was the commemoration of the unknown soldier of World War I. [01:07.000 --> 01:16.000] In recent use, the Chinese e-commerce company Alibaba broke records with $14.3 billion in sales on Singles Day, November 11th. [01:16.000 --> 01:22.000] 11-11 is Singles Day in China because 11-11 looked like bear branches, a term used for bachelors in Chinese. [01:22.000 --> 01:38.000] The Alibaba Group holding limited said mobile sales loan made up about 70% of it. While Alibaba Jack Ma has said that he'd like to export Singles Day to the United States, it's not likely, say experts, since it would turn a solemn day of remembrance into a day of frivolous spending. [01:38.000 --> 01:53.000] You know, like Thanksgiving and Christmas, Alibaba was able to make 14-plus billion in sales in a single day in a country that spends a third of what we do on military armament. [01:53.000 --> 02:08.000] The world's most popular social media site, Facebook, will now be charged 250,000 euros a day if it doesn't change the way it uses tracking cookies after a lawsuit was raised and won by a Belgian's privacy watchdog group. [02:08.000 --> 02:23.000] The case has stated that he is anticipating other cases to follow. The Belgian privacy watchdog successfully argued that Facebook was infringing on the privacy rights of the country's citizens by tracking them around the Internet, even if they hadn't signed up to the site. [02:23.000 --> 02:38.000] They could have used the user's browser if they went onto the Facebook page, even if they weren't logged in, and then used them to track them when they came back to the site. Facebook's defense is that it was only collecting computer IP addresses and other unique identifiers via these cookies. [02:38.000 --> 02:54.000] Facebook ruled that that information was personal data and should not be tracked. Facebook does plan to appeal the case, stating that only EU courts and not Belgian courts have the authority to make such rulings. [02:54.000 --> 03:09.000] Here's your lowdown for November 11th, 2013. [03:09.000 --> 03:27.000] What you want, what you want, what you gonna do when Sheraton Bro comes for you? Tell me, what you wanna do, what you gonna do? [03:27.000 --> 03:49.000] Bad boys, bad boys, what you gonna do, what you gonna do when they come for you? Bad boys, bad boys, what you gonna do, what you gonna do when they come for you? When you were eight and you had bad treats, you'd go to school and learn the golden rules. So why are you acting like a bloody fool? If you get high, then you might get cool. [03:49.000 --> 04:05.000] Bad boys, bad boys, what you gonna do, what you gonna do when they come for you? Bad boys, bad boys, what you gonna do, what you gonna do when they come for you? You chuck it on that one, you chuck it on this one, you chuck it on your mother and you chuck it on your father. [04:05.000 --> 04:24.680] Howdy, howdy, this is Randy Kelton, Deborah Stevens, Rule of Law Radio. [04:24.680 --> 04:34.760] On this Thursday, the 12th day of November 2015, we're almost through another year already. [04:34.760 --> 04:42.800] And we have Jeff Mississippi on the board, but I did have one concern I wanted to talk [04:42.800 --> 04:45.000] about. [04:45.000 --> 04:53.160] We have been doing this show for a long time and we for the most part talk about traditional [04:53.160 --> 04:55.960] and historic issues. [04:55.960 --> 05:01.240] We're talking about issues that we've been talking about for a long time, that our founders [05:01.240 --> 05:06.880] talked about that have been around forever and the same issues. [05:06.880 --> 05:08.160] We've been fighting them forever. [05:08.160 --> 05:10.720] We still are. [05:10.720 --> 05:22.640] But as I dig into the current technology, I am disturbed while I see some fantastic [05:22.640 --> 05:26.120] things on the horizon. [05:26.120 --> 05:38.320] I see some changes coming and coming quickly that will render our privacy issues essentially [05:38.320 --> 05:48.960] moot because privacy will no longer be something that you can enjoy if you intend to have any [05:48.960 --> 05:50.940] public interaction. [05:50.940 --> 05:58.280] If you intend to ever use your straw man and deal in the public, privacy is going to be [05:58.280 --> 06:01.840] a thing totally of the past. [06:01.840 --> 06:06.440] And it is my concern that that ship has already sailed. [06:06.440 --> 06:13.600] There are other things that are on the horizon and in the process of implementing themselves [06:13.600 --> 06:16.400] as we speak. [06:16.400 --> 06:25.040] And the latest article I read on the subject is saying in five years, in five years everything [06:25.040 --> 06:27.760] will have changed. [06:27.760 --> 06:35.520] We have one of the things that I found most disturbing is the idea of virtual machines [06:35.520 --> 06:37.880] in the cloud. [06:37.880 --> 06:43.400] About three years ago, I tried to set up a virtual machine in the cloud, but I couldn't [06:43.400 --> 06:45.300] get anybody who would do it. [06:45.300 --> 06:52.600] There were some companies that offered it, but the cost was so high it was prohibitive [06:52.600 --> 06:56.800] and it was still not very well developed. [06:56.800 --> 07:01.520] Well, now it apparently is. [07:01.520 --> 07:10.480] And with increases in other areas of technology and pressures on the current infrastructure [07:10.480 --> 07:17.200] that will be pushing most everything to the cloud. [07:17.200 --> 07:22.360] Part of what will push it to the cloud is so many people are getting connected that [07:22.360 --> 07:28.520] this idea of a worldwide net, that's already in place. [07:28.520 --> 07:34.920] We have a worldwide internet system that cannot be shut down. [07:34.920 --> 07:38.920] It's like something alive. [07:38.920 --> 07:44.960] It's interlinked all over the planet and you could pull the United States out of the entire [07:44.960 --> 07:50.400] network and the network would route right around us and keep going. [07:50.400 --> 07:59.600] So it, because it's made up of millions of servers and millions of locations operated [07:59.600 --> 08:05.680] by millions of different individuals, it's like something alive. [08:05.680 --> 08:13.800] Well, my concern is virtual machines in the cloud. [08:13.800 --> 08:19.880] What virtual machines in the cloud will do is wake it up. [08:19.880 --> 08:28.280] Right now it's like a big dumb machine that it takes people to manipulate and control. [08:28.280 --> 08:34.420] With virtual machines in the cloud, instead of just having a server sitting here, serving [08:34.420 --> 08:43.960] a bunch of clients or serving as a hub in the network, these servers tend to have to [08:43.960 --> 08:49.880] keep about 50% extra capacity to handle peak load. [08:49.880 --> 08:55.480] So you've got this massive capacity all over the planet that for the most part to sit in [08:55.480 --> 08:58.480] idle 90% of the time. [08:58.480 --> 09:08.520] Well, as the pressure is being put on the existing infrastructure, the virtual machines [09:08.520 --> 09:17.080] in the cloud, what they can do is they can interact with different servers. [09:17.080 --> 09:22.200] And when one server gets a peak load, they can go to this other server and use some of [09:22.200 --> 09:28.640] its capacity that it's not using at the time. [09:28.640 --> 09:34.080] So they can better utilize all the available resources. [09:34.080 --> 09:39.240] Well, you know, that all sounds well and good. [09:39.240 --> 09:45.560] But when you look a little more closely, now what we have are virtual machines in the cloud [09:45.560 --> 09:48.640] controlling the servers. [09:48.640 --> 09:53.920] They're talking back and forth and negotiating with the different servers to meter out the [09:53.920 --> 09:56.600] resources. [09:56.600 --> 10:03.240] And absolutely, that is just the opening up the door. [10:03.240 --> 10:09.920] Now we're going to have all around the planet virtual machines talking to other virtual [10:09.920 --> 10:10.920] machines. [10:10.920 --> 10:13.360] The internet's going to wake up. [10:13.360 --> 10:18.520] It's not only going to be something alive, it's going to be something alive and something [10:18.520 --> 10:21.120] very, very smart. [10:21.120 --> 10:25.400] We're looking at smart devices. [10:25.400 --> 10:31.560] And for the most part, smart devices at the moment are not very smart. [10:31.560 --> 10:38.600] You have cars, computers, refrigerators, stoves, everything's got chips in them. [10:38.600 --> 10:39.600] And they're calling them smart devices. [10:39.600 --> 10:42.320] They're not really smart devices. [10:42.320 --> 10:48.400] They're just somewhat more enhanced devices, but they're not really very smart at all. [10:48.400 --> 10:53.000] We're even going to have hype ups that are going to constantly report their condition. [10:53.000 --> 10:56.320] But they're not very smart either. [10:56.320 --> 11:04.840] In the next five years or so, these devices are going to begin to become very, very smart. [11:04.840 --> 11:13.720] And while they may take over a lot of the mediocre and boring functions that we don't [11:13.720 --> 11:19.840] want to have to spend our time and energy on, they have the capacity of taking over [11:19.840 --> 11:22.880] a whole lot more than that. [11:22.880 --> 11:30.480] And I think that if we are to be prudent, we need to start paying a lot of attention [11:30.480 --> 11:38.840] to what is coming so that we don't wind up kind of like we did with the privacy issue, [11:38.840 --> 11:43.560] always running several years behind the technology. [11:43.560 --> 11:45.480] And we're able to keep up. [11:45.480 --> 11:47.720] Well, that's my rant for today. [11:47.720 --> 11:55.280] We've got a bunch of callers on, so I won't waste all your time with my personal terrors. [11:55.280 --> 11:58.160] Let's go to Jeff in Mississippi. [11:58.160 --> 12:00.680] Hello, Jeff. [12:00.680 --> 12:04.280] What do you have for us today? [12:04.280 --> 12:06.040] I've got two quick things. [12:06.040 --> 12:07.520] You ready? [12:07.520 --> 12:09.520] I'm ready. [12:09.520 --> 12:11.920] Okay. [12:11.920 --> 12:18.920] I'm taking a paralegal class out of the junior college, and it is called a Litigation for [12:18.920 --> 12:23.040] Paralegal, and I'm having a wonderful time. [12:23.040 --> 12:30.720] And I asked the teacher, who's an attorney, I asked him tonight, what happens during the [12:30.720 --> 12:39.400] trial if the plaintiff or the prosecutor forgets to bring or forgets to ever bring any certain [12:39.400 --> 12:45.120] documents and he tries to subpoena them during the court or during the trial. [12:45.120 --> 12:50.380] And he said that all documents had to be subpoenaed about three days before trial. [12:50.380 --> 12:53.360] So he laughed at me and said, that would never happen. [12:53.360 --> 12:58.440] That would only happen in a movie, because if that happened, that could cost an attorney [12:58.440 --> 12:59.440] his career. [12:59.440 --> 13:03.400] Well, that happened to me. [13:03.400 --> 13:07.720] Well, that's interesting. [13:07.720 --> 13:10.000] So I want to jump on that. [13:10.000 --> 13:15.200] I actually have those transcripts that say that I'm arguing because they don't have my [13:15.200 --> 13:21.480] file from the college, and they have to stop the court and subpoena them. [13:21.480 --> 13:25.200] And of course, three years ago, I didn't know what I was doing. [13:25.200 --> 13:28.400] So I just went ahead and let that ride. [13:28.400 --> 13:32.520] That has been three years ago. [13:32.520 --> 13:35.120] Can I do something about that? [13:35.120 --> 13:47.400] Okay, that's kind of a loaded question, or not really loaded. [13:47.400 --> 13:54.920] It depends on what you're really asking, what you mean when you say do something. [13:54.920 --> 14:02.240] Has the statute of limitations ran on your ability to file a bar grievance? [14:02.240 --> 14:16.720] I don't know, possibly you'll have to check, but does the statute of limitations on filing [14:16.720 --> 14:26.320] a bar grievance act as a stopple or a bar against filing, or is it merely an affirmative [14:26.320 --> 14:32.040] defense against the grievance? [14:32.040 --> 14:38.880] Let me back up. [14:38.880 --> 14:44.760] We pretty well know that the state bars of every state are just there to protect the [14:44.760 --> 14:55.800] lawyers, to act as a, just to give the impression of oversight while protecting the lawyers [14:55.800 --> 14:56.800] from any harm. [14:56.800 --> 15:01.240] It's a public relation agency for lawyers. [15:01.240 --> 15:04.760] And we know they're not going to do anything with our grievance and that's not really why [15:04.760 --> 15:07.080] we file them. [15:07.080 --> 15:12.160] We file them because we know that the insurance company is going to be really unhappy when [15:12.160 --> 15:13.800] they get bar grievances. [15:13.800 --> 15:18.560] And that's what they use to measure their level of risk with the particular lawyer. [15:18.560 --> 15:30.800] So if I file a bar grievance and I find it out of time, is the insurance carrier going [15:30.800 --> 15:33.800] to care that it's out of time? [15:33.800 --> 15:34.800] Okay. [15:34.800 --> 15:35.800] Okay. [15:35.800 --> 15:41.720] Does that make sense where I'm going here? [15:41.720 --> 15:44.720] Yeah, that starts too. [15:44.720 --> 15:45.720] Okay. [15:45.720 --> 15:47.960] So in that case, you may be in time. [15:47.960 --> 15:53.160] Some things, like here in Texas, you've got four years for certain things. [15:53.160 --> 16:02.560] So you may be in time, but how did that affect your hearing at the time? [16:02.560 --> 16:10.600] Well, I had to stand up in front of an entire courtroom and fire my attorney because she [16:10.600 --> 16:16.840] didn't bring any of my papers from the school and the prosecutor had to admit that he didn't [16:16.840 --> 16:21.600] give my attorney any papers from the school and they literally had to subpoena the college [16:21.600 --> 16:23.480] to bring all those papers up. [16:23.480 --> 16:26.680] You really should look at suing your lawyer. [16:26.680 --> 16:29.720] I fired my attorney and had to represent myself. [16:29.720 --> 16:33.600] Well, you really should look at suing your lawyer for that. [16:33.600 --> 16:36.600] Was that the first trial or the second? [16:36.600 --> 16:41.360] No, that was the first one that was about three and a half years ago. [16:41.360 --> 16:42.360] Okay. [16:42.360 --> 16:43.360] Hang on. [16:43.360 --> 16:44.360] Randy Felton, Root of Law Radio. [16:44.360 --> 16:48.160] I called it number 512-646-1984. [16:48.160 --> 16:52.320] We do have a full board of callers, so don't call in yet until we drop one caller, it'll [16:52.320 --> 16:53.320] open a space. [16:53.320 --> 17:00.720] We'll be right back. [17:00.720 --> 17:05.880] Through advances in technology, our lives have greatly improved, except in the area [17:05.880 --> 17:06.880] of nutrition. [17:06.880 --> 17:11.480] People feed their pets better than they feed themselves, and it's time we changed all that. [17:11.480 --> 17:17.160] Our primary defense against aging and disease in this toxic environment is good nutrition. [17:17.160 --> 17:23.480] In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can [17:23.480 --> 17:25.600] provide the nutrients you need. [17:25.600 --> 17:30.600] Logos Radio Network gets many requests to endorse all sorts of products, most of which [17:30.600 --> 17:31.600] we reject. 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[18:59.680 --> 19:15.120] You are listening to the Logos Radio Network, LogosRadioNetwork.com. [19:15.120 --> 19:31.920] Look one again – oh yeah, to the Christians, looking at what they are, they don't have [19:31.920 --> 19:33.640] the answer. [19:33.640 --> 19:41.480] Oh, this and all other lequelac Collection is all you're running with all the racists, [19:41.480 --> 19:43.980] And so they sleep inside. [19:43.980 --> 19:48.480] Matter of one's shoes, proceed, Lord, how they want, we can take it easy. [19:48.480 --> 19:53.480] They matter way too politically, and them getting mad and angry. [19:53.480 --> 19:58.480] Got them not standing up and fighting, fight for the freedom and the freedom. [19:58.480 --> 20:03.980] And they like them love slavery and get hanged out, but the government's running again. [20:03.980 --> 20:07.480] We are the Christians now. [20:07.480 --> 20:12.480] Okay, we are back. [20:12.480 --> 20:16.480] Randy Kelton, Wheel of Law Radio, and we're talking to Jeff in Mississippi. [20:16.480 --> 20:23.480] Okay, so definitely file a bar agreement against both lawyers. [20:23.480 --> 20:25.480] What about the judge? [20:25.480 --> 20:33.480] Did your instructor say what the judge should do in such a circumstance? [20:33.480 --> 20:38.480] No, because by that time he was laughing saying that you would only see that in a movie [20:38.480 --> 20:43.480] and you would never hear of that in real life, and so he wanted to move on. [20:43.480 --> 20:46.480] And I didn't tell him who I was. [20:46.480 --> 20:49.480] You know, I just let the class move on. [20:49.480 --> 20:51.480] Smart move. [20:51.480 --> 20:55.480] You don't want to frighten your instructor. [20:55.480 --> 20:58.480] Yes, he was laughing at the time. [20:58.480 --> 21:02.480] You might get him outside of class and say, well, yeah, it does happen. [21:02.480 --> 21:06.480] Anyway, okay, next. [21:06.480 --> 21:14.480] Well, can I title 42 this particular situation? [21:14.480 --> 21:16.480] You'll have to show your harm. [21:16.480 --> 21:18.480] How were you harmed by that? [21:18.480 --> 21:24.480] Oh, you had to fire your lawyer and you were denied counsel. [21:24.480 --> 21:27.480] Absolutely, because it went to court. [21:27.480 --> 21:33.480] You were convicted as a result and the court of appeals overturned it. [21:33.480 --> 21:36.480] You got to sue your lawyer. [21:36.480 --> 21:42.480] Okay, in federal 42 or in state? [21:42.480 --> 21:46.480] That's kind of a judgment call. [21:46.480 --> 21:51.480] Which one you think is likely to be more receptive? [21:51.480 --> 21:59.480] And the general rule of thumb is take the state to the Fed and the Fed to the state. [21:59.480 --> 22:01.480] Okay, good. [22:01.480 --> 22:10.480] So generally I would say here it would probably be better to take them to a Title 42, a 42 U.S. Code 1983 suit. [22:10.480 --> 22:13.480] The Fed is not, when they see what the courts have done, [22:13.480 --> 22:20.480] are not likely to be terribly sympathetic with the state court. [22:20.480 --> 22:24.480] Okay. [22:24.480 --> 22:31.480] So second question. [22:31.480 --> 22:32.480] You there? [22:32.480 --> 22:34.480] Yeah, I'm here. [22:34.480 --> 22:36.480] Oh, I'm sorry. [22:36.480 --> 22:46.480] Okay, tomorrow is the last day of the deadline again for the court reporter to have my transcripts. [22:46.480 --> 22:56.480] Your time was up after 90 days and it is now five months and I have put in complaints and bar grievances. [22:56.480 --> 22:59.480] So tomorrow I'm going to put in more, [22:59.480 --> 23:11.480] but can I actually put in a notice of default or a motion for default and default judgment and try to win the case? [23:11.480 --> 23:22.480] Okay, nature of case depending on the transcript. [23:22.480 --> 23:24.480] Are you there? [23:24.480 --> 23:25.480] Yes, yeah. [23:25.480 --> 23:26.480] Okay. [23:26.480 --> 23:33.480] What's the nature of the claim and how does it hinge on the transcript? [23:33.480 --> 23:34.480] I don't have the transcript. [23:34.480 --> 23:37.480] The court reporter is not sending me the transcript. [23:37.480 --> 23:42.480] How does the case depend on the transcript? [23:42.480 --> 23:49.480] Well, I would need to read my transcript and so would my attorney in order to get the appeal going. [23:49.480 --> 24:01.480] So the court reporter is denying you your right to appeal and so is the court by not forcing the court reporter to produce the transcript. [24:01.480 --> 24:14.480] So sue the court reporter and I don't know, this is unusual. [24:14.480 --> 24:24.480] Okay, the court has delayed the appeal based on the non-production of the transcript. [24:24.480 --> 24:25.480] That's right. [24:25.480 --> 24:31.480] And when you go to the court of appeals, speedy trial doesn't apply. [24:31.480 --> 24:33.480] Okay. [24:33.480 --> 24:45.480] So I don't think you have a way to go for any kind of a default judgment because nobody's really defaulted. [24:45.480 --> 24:49.480] No party to the case has defaulted. [24:49.480 --> 24:52.480] That would be the prosecution or the state. [24:52.480 --> 24:55.480] The court reporter is a third party contractor. [24:55.480 --> 25:03.480] You should sue the court reporter's errors and emissions insurance. [25:03.480 --> 25:07.480] If I'll sue it against the court reporter. [25:07.480 --> 25:11.480] Would that be in state court or in federal 42 court again? [25:11.480 --> 25:19.480] I would think that would be in state court based on her licensing agreement with the state. [25:19.480 --> 25:22.480] She's under contract with the state. [25:22.480 --> 25:29.480] Not only is she working for the state, but her license as a court reporter is issued by the state. [25:29.480 --> 25:38.480] So you would sue based on her promise to the state that she made as a condition of her license. [25:38.480 --> 25:42.480] So most likely state would be the place for this one. [25:42.480 --> 25:45.480] Great. Thank you Randy. [25:45.480 --> 25:49.480] But then, hold on, then again, if you're going to file a... [25:49.480 --> 25:55.480] Now this is a whole, you can't tie this one to the other 42 U.S. Code 1983 suit. [25:55.480 --> 26:00.480] This clerk is denying you due process. [26:00.480 --> 26:03.480] Says she's denying your right to appeal. [26:03.480 --> 26:07.480] I would say you can take it to the Fed. [26:07.480 --> 26:10.480] And let the other side raise an issue if they want to. [26:10.480 --> 26:13.480] Deal with that when you get to it. [26:13.480 --> 26:15.480] But claim a due process violation. [26:15.480 --> 26:21.480] Is she denying you your right to petition the court for redress of grievance? [26:21.480 --> 26:24.480] Got it. [26:24.480 --> 26:25.480] Sound like fun? [26:25.480 --> 26:27.480] That's all I've got. [26:27.480 --> 26:29.480] Yes, and I'll call you next week. [26:29.480 --> 26:32.480] Okay. Thank you, Jeff. [26:32.480 --> 26:37.480] Okay. Now we're going to go to DJ in Ohio. [26:37.480 --> 26:40.480] Hello, DJ. [26:40.480 --> 26:42.480] Hi, how are you? [26:42.480 --> 26:44.480] I am good. [26:44.480 --> 26:49.480] What can we do for you today? [26:49.480 --> 26:57.480] Well, I'm having an issue and so I know you normally don't deal with traffic cases, [26:57.480 --> 27:02.480] but I think this has gone beyond it. [27:02.480 --> 27:11.480] I had gone into, I guess they were calling it an arraignment hearing. [27:11.480 --> 27:21.480] And when I had tried to put in a challenge to jurisdiction, [27:21.480 --> 27:31.480] the judge started shouting over me that that didn't matter and demanded that I make a plea. [27:31.480 --> 27:36.480] When I told him that, when I told him that I couldn't make a plea [27:36.480 --> 27:43.480] because I haven't been presented with nature and cause, proof of jurisdiction and so on, [27:43.480 --> 27:52.480] he said that he was just going to file a not guilty plea then and have me handle it in pretrial. [27:52.480 --> 28:00.480] And I guess I'm wondering, well, I don't know what I should do from here on. [28:00.480 --> 28:09.480] I really like, but I have a rule, never interfere with your opponent when he's screwing up. [28:09.480 --> 28:13.480] Judicial contact complaint against the judge. [28:13.480 --> 28:16.480] Tort letter to the judge. [28:16.480 --> 28:23.480] Is this a municipal judge or justice of the peace? [28:23.480 --> 28:25.480] What have you got in Ohio? [28:25.480 --> 28:30.480] Do you have JPs? [28:30.480 --> 28:31.480] I don't think so. [28:31.480 --> 28:33.480] Honestly, I don't really know. [28:33.480 --> 28:39.480] This is my first time actually challenging the state, really. [28:39.480 --> 28:48.480] Was it a, who gave you the ticket, city, county, state? [28:48.480 --> 28:49.480] City. [28:49.480 --> 28:50.480] Okay. [28:50.480 --> 28:52.480] It's a municipal court then. [28:52.480 --> 28:53.480] Okay. [28:53.480 --> 28:59.480] Consider a guy goes to law school for six to eight years. [28:59.480 --> 29:10.480] Generally comes out of law school with 150 to $180,000 student loan that he's got to pay off. [29:10.480 --> 29:16.480] But now he's down here working as a municipal judge. [29:16.480 --> 29:21.480] What that tells you is, is he's not out making the big bucks. [29:21.480 --> 29:27.480] So there's a real good chance he is not the sharpest knife in the drawer. [29:27.480 --> 29:33.480] And that's what I find with these low level officials. [29:33.480 --> 29:37.480] So he made a mistake. [29:37.480 --> 29:40.480] You need to introduce that mistake to him. [29:40.480 --> 29:41.480] Hang on. [29:41.480 --> 29:42.480] We're about to go to break. [29:42.480 --> 29:44.480] We'll pick this up on the other side. [29:44.480 --> 29:47.480] Randy Kelton, rule of law radio. [29:47.480 --> 29:51.480] Debra Stevens back there in the background, but she's not talking as much lately. [29:51.480 --> 29:53.480] We'll see if we can get her on here later. [29:53.480 --> 29:56.480] Randy Kelton, Debra Stevens, rule of law radio. [29:56.480 --> 30:04.480] We'll be right back. [30:04.480 --> 30:06.480] Grandma might know best after all. [30:06.480 --> 30:11.480] The next time you're down with a cold, you might want to settle in with a nice warm bowl of her chicken soup. [30:11.480 --> 30:15.480] I'm Dr. Catherine Albrecht, and I'll be back with the tasty good news in just a moment. [30:15.480 --> 30:17.480] Privacy is under attack. [30:17.480 --> 30:20.480] When you give up data about yourself, you'll never get it back again. 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[31:01.480 --> 31:08.480] It helps reduce the inflammation that causes coughing and congestion, and helps white blood cells do their job more effectively. [31:08.480 --> 31:11.480] The steam even helps clear clogged nasal passages. [31:11.480 --> 31:15.480] Grandma's the world over have long recognized the healing properties of chicken soup. [31:15.480 --> 31:21.480] While regional variations include everything from Thai chilies to Indian curry, they all have one thing in common. [31:21.480 --> 31:22.480] They work. [31:22.480 --> 31:24.480] I'm Dr. Catherine Albrecht. [31:24.480 --> 31:30.480] More news and information at CatherineAlbrecht.com. [31:30.480 --> 31:36.480] Did you know there are 3 million edible food plants on earth, and none have the nutritional value of a hemp plant? [31:36.480 --> 31:39.480] HempUSA.org offers you hemp protein powder. [31:39.480 --> 31:44.480] It does not contain chemicals or THC, is non-GMO, and is 100% gluten-free. 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[32:25.480 --> 32:35.480] Former Sheriff's Deputy A. Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law. [32:35.480 --> 32:40.480] You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today. [32:40.480 --> 32:50.480] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research documents, and other useful resource material. [32:50.480 --> 32:54.480] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:54.480 --> 33:01.480] Order your copy today, and together we can have the free society we all want and deserve. [33:01.480 --> 33:11.480] Live, free speech radio, logosradionetwork.com. [33:11.480 --> 33:33.480] Yeah, Mr. Officer, we're taking the line ahead. I want you to follow the law of the land. I don't understand. Your job is to protect our servers, not be a reviews. Officer! [33:33.480 --> 33:55.480] When you're gonna stop abuse, your power. [33:55.480 --> 34:06.480] So please, Mr. Mac, let each officer stop to abuse their power. Send a request to the leader, the captain of all officers. [34:06.480 --> 34:17.480] Tell them to uphold the law of when you don't abuse their power. They beat and they beat and they cheat and they cheat and they lie every hour. [34:17.480 --> 34:26.480] So Mr. Officer, please stop abusing your power. You've pulled me over. [34:26.480 --> 34:33.480] Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to DJ in Ohio. [34:33.480 --> 34:50.480] Okay, you filed a challenge to subject matter jurisdiction. Send me an email at randy at ruleoflawradio.com and I have my jurisdiction folder zipped. [34:50.480 --> 35:03.480] I'll send it to you. As a matter of fact, I'll dig in my records and pull out a challenge, a written challenge to subject matter jurisdiction and get that to you. [35:03.480 --> 35:10.480] Have you been listening to Eddie on the Monday night show? [35:10.480 --> 35:22.480] I've listened to him once before. I have a hard time getting in or being able to log on at this time to be able to actually listen for a decent amount of time. [35:22.480 --> 35:36.480] But I've really been trying to make time and I'm certainly going to be making time now that I've had to deal with this judge and it moved beyond where I expected it was going to go. [35:36.480 --> 35:52.480] Okay, well he gave you a present. Now you get to take a shot at him. Since you challenged subject, did you file any documentation as a challenge to subject matter jurisdiction? [35:52.480 --> 36:20.480] Yes, sir. I filed a challenge to subject matter jurisdiction. I filed a motion to dismiss. I filed a pro se status and after he put in that plea of not guilty, after I verbally objected, I also filed a written objection with the court records and filed that away. [36:20.480 --> 36:33.480] Okay, now I want you to do a little research. In Texas, they follow essentially the same procedure and they call that an arraignment hearing. [36:33.480 --> 36:57.480] Look up arraignment in Ohio because this is what it says in Texas. If you have been arrested for an offense punishable by imprisonment or a felony, then you can be called in for an arraignment. [36:57.480 --> 37:08.480] For a misdemeanor punishable by imprisonment or a felony, then the court can call an arraignment hearing. [37:08.480 --> 37:24.480] Now the legislature, this is where it authorizes them to hold an arraignment. They went out of their way to exclude class C misdemeanors or fine only misdemeanors. [37:24.480 --> 37:38.480] When a judge in Texas calls someone in for an arraignment hearing on a ticket, there is no authority to do that. You need to look in Ohio and see if it's similar. [37:38.480 --> 37:39.480] Okay. [37:39.480 --> 37:58.480] That's the first thing you need to do. But before the trial judge can get jurisdiction, there is something else that's supposed to happen and that's an examining trial. Did you ask for an examining trial at any time? [37:58.480 --> 38:00.480] I did not. [38:00.480 --> 38:13.480] Okay. You need to file a demand for an examining trial. Since you objected to this hearing, they can't get you for failure to appear. [38:13.480 --> 38:31.480] Look up examining trial in Ohio. This is how it works in Texas and pretty much the way it works everywhere that I've been, except with a couple of exceptions. [38:31.480 --> 38:37.480] It definitely works this way in the Fed and most states follow the Fed. [38:37.480 --> 38:53.480] When an officer observes an offense, he has the authority to make an arrest and he has the authority to take the person into physical custody. [38:53.480 --> 39:09.480] Now, for some things, he has the authority to release them on a promise to appear. Okay. If he makes an arrest, he is required to take you directly to the nearest magistrate by the most direct route. [39:09.480 --> 39:23.480] Explain himself. He will present the complaint to the magistrate. The complaint gives the magistrate jurisdiction for the purpose of holding an examining trial. [39:23.480 --> 39:40.480] Then the magistrate must examine into the sufficiency of the allegation and if he finds sufficient cause, then he'll issue an order stating that he found probable cause and bind the person over trial. [39:40.480 --> 39:53.480] Then he will forward the complaint and in Texas it says all other documents had in the hearing to the clerk of the court of jurisdiction. [39:53.480 --> 40:01.480] So the magistrate has jurisdiction for the purpose of making a determination of probable cause. [40:01.480 --> 40:22.480] Once a probable cause determination has been made, that determination along with the complaint that gave the JB or the magistrate jurisdiction is forwarded to the clerk and that transfers jurisdiction from the magistrate to the clerk. [40:22.480 --> 40:27.480] So how did the trial judge get jurisdiction? [40:27.480 --> 40:32.480] There's no determination of probable cause. [40:32.480 --> 40:40.480] So look at Ohio law, I can almost assure you it will be the same. [40:40.480 --> 40:48.480] Then go in and ask for an examining trial and send a notice to the judge. [40:48.480 --> 40:56.480] Interesting thing about subject matter jurisdiction, there is only one time you can sue a judge. [40:56.480 --> 41:01.480] That's when he acts without subject matter jurisdiction. [41:01.480 --> 41:06.480] So I would send him a tort letter. [41:06.480 --> 41:12.480] Judges really get, especially low level judges get really unhappy when they're sued. [41:12.480 --> 41:17.480] And the thing about subject matter jurisdiction, [41:17.480 --> 41:28.480] when the officer files the complaint with the court, jurisdiction is presumed until challenged. [41:28.480 --> 41:33.480] Your challenge is subject matter jurisdiction, challenge that presumption. [41:33.480 --> 41:41.480] Once it's challenged, the court loses jurisdiction and the court must approve jurisdiction. [41:41.480 --> 41:48.480] This is in my jurisdiction folder, I'll send you all this case law and I'll send you a challenge, [41:48.480 --> 41:55.480] this subject matter jurisdiction that walks down these requirements. [41:55.480 --> 42:00.480] I have a case law that says once it's challenged, jurisdiction is lost. [42:00.480 --> 42:08.480] Another one that says jurisdiction may not be presumed, it must be proven. [42:08.480 --> 42:10.480] The judge didn't do any one of these. [42:10.480 --> 42:14.480] So as soon as the challenge is made, the judge lost jurisdiction. [42:14.480 --> 42:17.480] He had two things he could do. [42:17.480 --> 42:24.480] He could dismiss the case immediately or he could hold a hearing on the challenge subject matter jurisdiction. [42:24.480 --> 42:27.480] Anything else he had no power to do. [42:27.480 --> 42:33.480] So he exerted or purported to exert an authority he did not specifically have [42:33.480 --> 42:42.480] and in the process denied you the full and free access to enjoyment of right and that right being due process. [42:42.480 --> 42:46.480] New Mexico is the only one I couldn't find an official misconduct statute for, [42:46.480 --> 42:55.480] but if you can't find one in Ohio, then you've always got 18 U.S. Code 242. [42:55.480 --> 43:02.480] So you could take an action to defend. [43:02.480 --> 43:12.480] So anyway, the thing to do is send a tort letter to the county or to the mayor. [43:12.480 --> 43:14.480] This is a municipal police officer. [43:14.480 --> 43:22.480] Send it to the mayor of the city and notify him that the judge acted without subject matter jurisdiction [43:22.480 --> 43:26.480] and subjected you to a denial of due process. [43:26.480 --> 43:29.480] I have been harmed. Make me hold or be sued. [43:29.480 --> 43:35.480] Generally, most every state I've been to requires that. [43:35.480 --> 43:43.480] Before you sue a governmental agency, you have to give them notice and give them 60 days to make you hold. [43:43.480 --> 43:49.480] It's generally a statutory requirement, but that will really light them up. [43:49.480 --> 43:52.480] Hang on, Randy Kelton, rule of law radio. [43:52.480 --> 43:55.480] I call it number 512-646-1984. [43:55.480 --> 44:02.480] We'll be right back. [44:25.480 --> 44:48.480] We'll be right back. [44:55.480 --> 45:03.480] Are you the plaintiff or defendant in a lawsuit? [45:03.480 --> 45:06.480] Win your case without an attorney with Jurisdictionary, [45:06.480 --> 45:14.480] the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step-by-step. [45:14.480 --> 45:18.480] If you have a lawyer, know what your lawyer should be doing. [45:18.480 --> 45:22.480] If you don't have a lawyer, know what you should do for yourself. [45:22.480 --> 45:27.480] Thousands have won with our step-by-step course, and now you can too. [45:27.480 --> 45:34.480] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [45:34.480 --> 45:38.480] Even if you're not in a lawsuit, you can learn what everyone should understand [45:38.480 --> 45:43.480] about the principles and practices that control our American courts. [45:43.480 --> 45:49.480] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:49.480 --> 45:52.480] pro se tactics, and much more. [45:52.480 --> 46:14.480] Please visit ruleoflawradio.com and click on the banner, or call toll-free, 866-LAW-EZ. [46:14.480 --> 46:43.480] Okay, we are back. [46:43.480 --> 46:49.480] Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Sonny in Georgia. [46:49.480 --> 46:50.480] Wait a minute. [46:50.480 --> 46:52.480] Sonny in Georgia? [46:52.480 --> 46:55.480] What happened to Ohio? [46:55.480 --> 46:56.480] Hold on just a second. [46:56.480 --> 46:59.480] I think we dropped our caller. [46:59.480 --> 47:03.480] Let me give a second in case he dropped, and maybe he can call back in. [47:03.480 --> 47:07.480] I'll reload my board to see if he came up. [47:07.480 --> 47:10.480] No, it looks like we've lost him. [47:10.480 --> 47:13.480] Okay, going to Sonny in Georgia. [47:13.480 --> 47:16.480] Hello, Sonny. [47:16.480 --> 47:17.480] Good evening, Randy. [47:17.480 --> 47:18.480] How are you doing? [47:18.480 --> 47:21.480] I'm doing good. [47:21.480 --> 47:25.480] What are you up to down there in Georgia? [47:25.480 --> 47:30.480] Well, I wanted to see if I could play a round of Stunt the Chunk. [47:30.480 --> 47:32.480] That'll work. [47:32.480 --> 47:36.480] That shouldn't be too hard. [47:36.480 --> 47:47.480] Well, I've got a quiet title action to cancel the fraudulent assignment, to cancel that [47:47.480 --> 47:49.480] document from the record. [47:49.480 --> 47:54.480] I sued Merge as the only defendant in that action. [47:54.480 --> 48:00.480] The trustee wants to enter the lawsuit as a defendant. [48:00.480 --> 48:02.480] So here's a question. [48:02.480 --> 48:12.480] Can I keep them from entering as a defendant or make them prove that they are a party of [48:12.480 --> 48:18.480] interest by producing some kind of proof, for example, that they actually have the mortgage [48:18.480 --> 48:19.480] in their trust? [48:19.480 --> 48:22.480] Okay, let's talk about this trustee. [48:22.480 --> 48:28.480] Is this the trustee named in the deed of trust? [48:28.480 --> 48:29.480] Yes. [48:29.480 --> 48:34.480] Okay, so it's the original, originally named trustee. [48:34.480 --> 48:47.480] Well, no, not in the, it's the trustee listed in the assignment, not in the deed of trust. [48:47.480 --> 48:48.480] Okay. [48:48.480 --> 48:57.480] So if the assignment is invalid, then it never got to the trustee. [48:57.480 --> 49:02.480] So the trustee doesn't have any standing in this issue. [49:02.480 --> 49:06.480] This is between the you and the filer. [49:06.480 --> 49:15.480] I would object to the trustee as a trustee has no standing. [49:15.480 --> 49:27.480] Who signed, did you send a letter to Merge asking them to provide you with power of attorney [49:27.480 --> 49:32.480] for the person who signed the document? [49:32.480 --> 49:35.480] No, I did not. [49:35.480 --> 49:45.480] I'm going to suggest that you get the name of the person that signed the document and [49:45.480 --> 49:52.480] see, you really don't know if Merge actually filed this. [49:52.480 --> 49:56.480] You don't know if Merge had anything to do with it. [49:56.480 --> 50:02.480] Now, the document states that Merge had something to do with it, but you don't know that. [50:02.480 --> 50:11.480] What you know is, or what you know for legal certainty is that a, that someone signed this [50:11.480 --> 50:17.480] document and they signed it with this name. [50:17.480 --> 50:22.480] That's the one you should have sued. [50:22.480 --> 50:23.480] If this person- [50:23.480 --> 50:27.480] You mean the vice president of Merge? [50:27.480 --> 50:28.480] Yes. [50:28.480 --> 50:32.480] See, there's a problem with that. [50:32.480 --> 50:33.480] We had- [50:33.480 --> 50:36.480] Yeah, they're in Arizona. [50:36.480 --> 50:43.480] We had an executive, wait, does Merge have an Arizona address there? [50:43.480 --> 50:51.480] No, the vice president is in Arizona and that's where there's no drive. [50:51.480 --> 50:52.480] Wonderful. [50:52.480 --> 51:00.480] So you can find that vice president through the notary. [51:00.480 --> 51:04.480] That's why the notary's there. [51:04.480 --> 51:08.480] The notary vouched with this person as being the person he said he was. [51:08.480 --> 51:17.480] I would suggest you file an amended tweeting and name this person individually and then [51:17.480 --> 51:31.480] ask for discovery to discover this person's address from the notary. [51:31.480 --> 51:35.480] Or if you can, see if you can discover this person's address. [51:35.480 --> 51:41.480] You might contact the notary and request the person's address. [51:41.480 --> 51:50.480] You know, I'm looking at this and we're making some basic errors based on unstated [51:50.480 --> 51:53.480] presuppositions. [51:53.480 --> 52:00.480] And the unstated presupposition is, is that a document filed in the public record that [52:00.480 --> 52:10.480] has a company name printed on it was necessarily filed at the behest of that company? [52:10.480 --> 52:13.480] We don't know that. [52:13.480 --> 52:15.480] We don't know that Merge had anything to do with this. [52:15.480 --> 52:20.480] And I highly suspect that Merge did not have anything to do with it. [52:20.480 --> 52:31.480] That this guy is most likely an employee of the servicer who's servicing the note. [52:31.480 --> 52:33.480] Yes. [52:33.480 --> 52:41.480] So find him and then the first thing you want from him or her, whichever the case may be, [52:41.480 --> 52:44.480] is evidence of power of attorney for Merge. [52:44.480 --> 52:53.480] Now we have a CEO of Merge or an executive president, some guy real high up in Merge, [52:53.480 --> 52:59.480] who got on the stand and testified in court that Merge doesn't have any employees. [52:59.480 --> 53:04.480] I've got that here somewhere, that transcript. [53:04.480 --> 53:11.480] Now once that has been testified to in court, Merge cannot take another position. [53:11.480 --> 53:15.480] They're subject to collateral estoppel. [53:15.480 --> 53:21.480] You can't go before one court and state a position and then go before another court [53:21.480 --> 53:23.480] and state a diametrically opposed position. [53:23.480 --> 53:29.480] So you've got someone who went before the court and stated a position. [53:29.480 --> 53:34.480] And now you've got this guy claiming to be an employee of Merge. [53:34.480 --> 53:36.480] Now wait a minute. [53:36.480 --> 53:43.480] Merge has already testified before a government tribunal that they don't have any employees. [53:43.480 --> 53:47.480] So now you want to know who this person is. [53:47.480 --> 53:49.480] He's not an employee of Merge. [53:49.480 --> 53:54.480] He would definitely have to have power of attorney for Merge. [53:54.480 --> 53:58.480] So you want to see that power of attorney. [53:58.480 --> 54:00.480] If you can't show power of attorney, [54:00.480 --> 54:09.480] that's grounds for a ruling for quiet title for this documents improperly filed. [54:09.480 --> 54:13.480] Am I making sense here? [54:13.480 --> 54:21.480] Yeah. Since they're in Arizona, how would I... [54:21.480 --> 54:26.480] If you would file it, this is a quiet title action. [54:26.480 --> 54:29.480] It's strictly a state action. [54:29.480 --> 54:30.480] Okay. [54:30.480 --> 54:33.480] And they filed it. [54:33.480 --> 54:40.480] If he's out of state, they may be able to remove it to the state, to the federal court. [54:40.480 --> 54:46.480] And I don't think you care. [54:46.480 --> 54:48.480] It really doesn't make that much difference. [54:48.480 --> 54:52.480] One court is corrupt as the other. [54:52.480 --> 55:02.480] But in your pleading, when I file a quiet title, I always assume it will be removed to the federal court. [55:02.480 --> 55:13.480] And so I write my pleading considering a rule 12b6 motion. [55:13.480 --> 55:15.480] So I don't just give notice. [55:15.480 --> 55:25.480] I give statement of facts and law supporting those facts that would lead to a conclusion [55:25.480 --> 55:31.480] to give them enough to get past the 12b6 in case they remove it. [55:31.480 --> 55:37.480] So when they remove it, the federal judge, he's got all on his plate he can handle. [55:37.480 --> 55:42.480] He don't want any more stuff on his docket if he can avoid it. [55:42.480 --> 55:47.480] And if there's any way he thinks he can get away with it, he's going to dismiss this thing immediately. [55:47.480 --> 55:53.480] We've got a real stinker federal judge here in Fort Worth, Judge McBride. [55:53.480 --> 56:02.480] And if a pro se files anything and it goes to his court, he will dismiss it with prejudice out of hand. [56:02.480 --> 56:07.480] I hope to have some more going for him too long. [56:07.480 --> 56:14.480] I'm getting the grand jury set up so I can take him to a state grand jury and see what they think of his shenanigans. [56:14.480 --> 56:23.480] But you can expect them to want, even if you have a fair and honest judge, he's busy. [56:23.480 --> 56:27.480] He's got more stuff on his plate and he can't keep up with it. [56:27.480 --> 56:29.480] He don't want another case in his court. [56:29.480 --> 56:32.480] So make sure you got a good filing. [56:32.480 --> 56:41.480] But I would, before anything else, file an amended to take MERS off and name the person who signed. [56:41.480 --> 56:44.480] Now the case is between you and the person who signed it. [56:44.480 --> 56:46.480] The trustee has nothing to do with this. [56:46.480 --> 56:56.480] Even if MERS did authorize the filing, the trustee still has nothing to do with it. [56:56.480 --> 57:08.480] So if the trustee persists, then you would request from the trustee his contract with MERS. [57:08.480 --> 57:15.480] If MERS is appointing him as trustee, there has to be an offer in acceptance. [57:15.480 --> 57:19.480] You won't see it. [57:19.480 --> 57:23.480] You're not going to find one. [57:23.480 --> 57:36.480] And the attorney, when he walks in, how do I make him prove that he actually represents the trustee rather than, [57:36.480 --> 57:39.480] I mean, the court just takes his word for it. [57:39.480 --> 57:40.480] But how do you... [57:40.480 --> 57:46.480] Yeah, they tend to do that until you challenge it. [57:46.480 --> 57:49.480] You want to know who are you? [57:49.480 --> 57:51.480] Oh, I'm counsel for the defense. [57:51.480 --> 57:58.480] Well, will you show me evidence of power of attorney from the defendant? [57:58.480 --> 58:02.480] And if you can't show it, ask the judge to throw him out. [58:02.480 --> 58:06.480] The judge is not going to throw him out, but you've got it on the record. [58:06.480 --> 58:11.480] Your only purpose in the trial court is to set the record for appeal. [58:11.480 --> 58:12.480] Hang on. [58:12.480 --> 58:14.480] About to go to top of the hour break. [58:14.480 --> 58:16.480] Randy Caldwell, we have our radio. [58:16.480 --> 58:21.480] I'm not going to give out the call-in number because we have a full board of callers, [58:21.480 --> 58:25.480] and I don't want everybody to get annoyed not being able to call in. [58:25.480 --> 58:27.480] So we're going to top of our break. [58:27.480 --> 58:31.480] It's a good time to go to logosradionetwork.com. [58:31.480 --> 58:33.480] That's our station website. [58:33.480 --> 58:40.480] And have a look at our sponsors, especially if you're interested in these legal issues. [58:40.480 --> 58:43.480] Have a look at Jurisdictionary. [58:43.480 --> 58:48.480] It is the best buy in legal knowledge that you will ever get. [58:48.480 --> 58:49.480] Hang on. [58:49.480 --> 58:50.480] We'll be right back. [58:50.480 --> 58:53.480] The Bible remains the most popular book in the world, [58:53.480 --> 58:58.480] yet countless readers are frustrated because they struggle to understand it. [58:58.480 --> 59:01.480] Some new translations try to help by simplifying the text, [59:01.480 --> 59:06.480] but in the process can compromise the profound meaning of the Scripture. [59:06.480 --> 59:09.480] Enter the recovery version. [59:09.480 --> 59:13.480] First, this new translation is extremely faithful and accurate, [59:13.480 --> 59:18.480] but the real story is the more than 9,000 explanatory footnotes. [59:18.480 --> 59:22.480] Difficult and profound passages are opened up in a marvelous way, [59:22.480 --> 59:27.480] providing an entrance into the riches of the Word beyond which you've ever experienced before. [59:27.480 --> 59:32.480] Bibles for America would like to give you a free recovery version simply for the asking. [59:32.480 --> 59:43.480] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [59:43.480 --> 59:47.480] or by ordering online at freestudybible.com. [59:47.480 --> 59:50.480] That's freestudybible.com. [59:50.480 --> 59:59.480] You're listening to the Logos Radio Network at logosradionetwork.com. [59:59.480 --> 01:00:06.480] The following news flash is brought to you by the Lone Star Lowdown, [01:00:06.480 --> 01:00:09.480] providing the daily bulletins for the commodity market. [01:00:09.480 --> 01:00:17.480] Today in history, news updates and the inside scoop into the tides of the alternative. [01:00:17.480 --> 01:00:31.480] Markets for the 11th of November, 2015, opened up with gold at $1,084.79 an ounce, silver, $14.30 an ounce, [01:00:31.480 --> 01:00:44.480] Texas crude, $44.21 a barrel, and Bitcoin is currently sitting at about $310 U.S. currency. [01:00:44.480 --> 01:00:50.480] Today in history, Friday, November 11, Memorial Day, 1921, President Warren G. Harding officiated [01:00:50.480 --> 01:00:55.480] at the interment ceremonies at the Memorial Amphitheater at Arlington National Cemetery [01:00:55.480 --> 01:00:59.480] of one of the four caskets exhumed from American cemeteries in France. [01:00:59.480 --> 01:01:07.480] This was the commemoration of the unknown soldier of World War I. [01:01:07.480 --> 01:01:13.480] In recent news, the Chinese e-commerce company Alibaba broke records with $14.3 billion in sales [01:01:13.480 --> 01:01:15.480] on Singles Day, November 11. [01:01:15.480 --> 01:01:20.480] $11.11 is Singles Day in China because $11.11 looked like bear branches, [01:01:20.480 --> 01:01:22.480] a term used for bachelors in Chinese. [01:01:22.480 --> 01:01:27.480] The Alibaba Group holding limited said mobile sales alone made up about 70% of it. [01:01:27.480 --> 01:01:31.480] While Alibaba Jack Ma has said that he'd like to export Singles Day to the United States, [01:01:31.480 --> 01:01:35.480] it's not likely, say experts, since it would turn a solemn day of remembrance [01:01:35.480 --> 01:01:39.480] into a day of frivolous spending, you know, like Thanksgiving and Christmas. [01:01:39.480 --> 01:01:43.480] Alibaba was able to make 14-plus billion in sales in a single day [01:01:43.480 --> 01:01:52.480] in a country that spends a third of what we do on military armament. [01:01:52.480 --> 01:01:58.480] The world's most popular social media site, Facebook, will now be charged 250,000 euros a day [01:01:58.480 --> 01:02:02.480] if it doesn't change the way it uses tracking cookies after a lawsuit was raised in one [01:02:02.480 --> 01:02:05.480] by a Belgian privacy watchdog group. [01:02:05.480 --> 01:02:09.480] Frederic de Bouchière, the lawyer behind the case, has stated that he is anticipating [01:02:09.480 --> 01:02:10.480] other cases to follow. [01:02:10.480 --> 01:02:14.480] The Belgian privacy watchdog successfully argued that Facebook was infringing [01:02:14.480 --> 01:02:17.480] on the privacy rights of the country's citizens by tracking them around the Internet, [01:02:17.480 --> 01:02:19.480] even if they hadn't signed up to the site. [01:02:19.480 --> 01:02:23.480] Apparently, Facebook had been enabling cookies which would load onto a user's browser [01:02:23.480 --> 01:02:26.480] if they went onto a Facebook page, even if they weren't logged in, [01:02:26.480 --> 01:02:30.480] and then used them to track them when they came back to the site. [01:02:30.480 --> 01:02:34.480] Facebook's defense is that it was only collecting computers' IP addresses [01:02:34.480 --> 01:02:37.480] and other unique identifiers via these cookies. [01:02:37.480 --> 01:02:40.480] However, the court ruled that that information was personal data [01:02:40.480 --> 01:02:41.480] and should not be tracked. [01:02:41.480 --> 01:02:45.480] Facebook does plan to appeal the case, stating that only EU courts [01:02:45.480 --> 01:02:53.480] and not Belgian courts have the authority to make such rulings. [01:02:53.480 --> 01:03:05.480] This was your Lowdown for November 11, 2013. [01:03:23.480 --> 01:03:45.480] Thank you. [01:03:45.480 --> 01:04:14.480] Thank you. [01:04:14.480 --> 01:04:15.480] Okay, we are back. [01:04:15.480 --> 01:04:19.480] Randy Kelton, Deborah Stevens, Rural Radio, and we're talking to Sonny in Texas. [01:04:19.480 --> 01:04:20.480] Now, Sonny in Texas. [01:04:20.480 --> 01:04:22.480] Sonny in Georgia, I do need to move quickly. [01:04:22.480 --> 01:04:26.480] We've got a full board of callers and one hour left. [01:04:26.480 --> 01:04:29.480] Okay, where were we, Sonny? [01:04:29.480 --> 01:04:40.480] Well, taking the Vice President of MERS, which I think I've already found her address online, [01:04:40.480 --> 01:04:44.480] so would you still go through the notary to... [01:04:44.480 --> 01:04:51.480] No, no, if you have who it is, then wait a minute, you found it online. [01:04:51.480 --> 01:05:00.480] How do you know that's her address and not somebody else with the same name? [01:05:00.480 --> 01:05:08.480] She, her profile on, I think it was LinkedIn or something like that, listed Bank of America. [01:05:08.480 --> 01:05:11.480] Oh, perfect, perfect. [01:05:11.480 --> 01:05:16.480] Okay, then name her. [01:05:16.480 --> 01:05:22.480] File an amended quiet title action and name her as the defendant, [01:05:22.480 --> 01:05:26.480] because you really don't know anything about MERS. [01:05:26.480 --> 01:05:31.480] You only know she said she worked when she was an employee of MERS, so sue her. [01:05:31.480 --> 01:05:37.480] And if MERS is the actual litigant, let them prove that up. [01:05:37.480 --> 01:05:39.480] And then when they prove that up, let them come in. [01:05:39.480 --> 01:05:48.480] But in no case except the trustee, the trustee has no standings. [01:05:48.480 --> 01:05:53.480] How do you think the trustee might try to prove they have standing [01:05:53.480 --> 01:05:58.480] when they have to submit some type of accounting record? [01:05:58.480 --> 01:06:09.480] I don't know how a trustee would prove that an assignment of substitute trustee was valid. [01:06:09.480 --> 01:06:19.480] You might ask the trustees to produce a contract and offer an acceptance, [01:06:19.480 --> 01:06:25.480] because they're not claiming that the trustee is a nominee, [01:06:25.480 --> 01:06:35.480] but instead they're claiming that the trustee is an appointee. [01:06:35.480 --> 01:06:36.480] That was a play on words. [01:06:36.480 --> 01:06:37.480] Yeah. [01:06:37.480 --> 01:06:38.480] Anyway. [01:06:38.480 --> 01:06:44.480] In that light, the trustee is not a party of interest because they're just a trustee. [01:06:44.480 --> 01:06:46.480] No. [01:06:46.480 --> 01:06:53.480] Even if he was a trustee, he's not a party of interest. [01:06:53.480 --> 01:06:55.480] Oh, that's good. [01:06:55.480 --> 01:07:00.480] The only one that's party of interest is the filer. [01:07:00.480 --> 01:07:05.480] So that ought to jerk a knot in their shorts. [01:07:05.480 --> 01:07:06.480] Yes. [01:07:06.480 --> 01:07:08.480] Do you have anything else? [01:07:08.480 --> 01:07:09.480] I do need to move along. [01:07:09.480 --> 01:07:12.480] We've got a full board today. [01:07:12.480 --> 01:07:13.480] Thank you, Randy. [01:07:13.480 --> 01:07:15.480] Nothing more right now. [01:07:15.480 --> 01:07:16.480] Okay. [01:07:16.480 --> 01:07:17.480] Thank you, Sonny. [01:07:17.480 --> 01:07:18.480] Okay. [01:07:18.480 --> 01:07:19.480] Now we're going to go back to D.J. [01:07:19.480 --> 01:07:24.480] He must have dropped and he's back on. [01:07:24.480 --> 01:07:25.480] Hello, D.J. [01:07:25.480 --> 01:07:26.480] Hey, Randy. [01:07:26.480 --> 01:07:27.480] How are you doing? [01:07:27.480 --> 01:07:28.480] Thanks for getting back to me. [01:07:28.480 --> 01:07:29.480] Okay. [01:07:29.480 --> 01:07:30.480] I'm doing good. [01:07:30.480 --> 01:07:31.480] Okay. [01:07:31.480 --> 01:07:34.480] You got a ticket, file a challenge, subject matter, jurisdiction. [01:07:34.480 --> 01:07:42.480] I think when we went to break, we were talking about sending a tort letter to the judge. [01:07:42.480 --> 01:07:52.480] And generally when you sue a city official or county official, the states, like Texas [01:07:52.480 --> 01:07:57.480] has a statute that says if you sue a county official, you sue the state. [01:07:57.480 --> 01:08:01.480] So I wouldn't sue the county official. [01:08:01.480 --> 01:08:03.480] I wouldn't sue the state or the county. [01:08:03.480 --> 01:08:11.480] I would sue the official and let the county or municipality step in if they want to. [01:08:11.480 --> 01:08:15.480] But here you're claiming subject matter jurisdiction. [01:08:15.480 --> 01:08:18.480] I'll tell you what we did in Travis County in Austin. [01:08:18.480 --> 01:08:27.480] A credit card suit, there was an affidavit that was required to be filed with the clerk [01:08:27.480 --> 01:08:28.480] with the pleading. [01:08:28.480 --> 01:08:31.480] They didn't file that affidavit. [01:08:31.480 --> 01:08:37.480] We maintained that the original plea was insufficient to invoke subject matter jurisdiction in the [01:08:37.480 --> 01:08:38.480] court. [01:08:38.480 --> 01:08:42.480] The challenge subject matter jurisdiction, the judge overruled it. [01:08:42.480 --> 01:08:47.480] So we filed a suit against the judge. [01:08:47.480 --> 01:08:51.480] The judge came into court and the client said, your honor, what are you doing here? [01:08:51.480 --> 01:08:52.480] You can't be here. [01:08:52.480 --> 01:08:53.480] I sued you. [01:08:53.480 --> 01:08:54.480] What? [01:08:54.480 --> 01:08:55.480] What? [01:08:55.480 --> 01:08:56.480] What? [01:08:56.480 --> 01:09:01.480] He went and got the records and he's reading it saying, oh my, oh my. [01:09:01.480 --> 01:09:06.480] So the judge takes it and gives it to the county attorney. [01:09:06.480 --> 01:09:11.480] And the county attorney filed an answer for him. [01:09:11.480 --> 01:09:15.480] So we sued the county attorney for misappropriation of public funds. [01:09:15.480 --> 01:09:24.480] We sued the judge in his personal capacity because when he acted without subject matter [01:09:24.480 --> 01:09:31.480] jurisdiction, then he wasn't acting in an official capacity and it was inappropriate [01:09:31.480 --> 01:09:38.480] for the county attorney to expend county funds to act in his defense. [01:09:38.480 --> 01:09:40.480] He needed to hire his own lawyer. [01:09:40.480 --> 01:09:42.480] And Herb Evans was a lawyer. [01:09:42.480 --> 01:09:44.480] He knew that. [01:09:44.480 --> 01:09:46.480] Now that was great fun. [01:09:46.480 --> 01:09:52.480] But the client kind of backed out and made a deal with the debt collector, which he probably [01:09:52.480 --> 01:09:55.480] could have wanted, but he wanted to fight over with. [01:09:55.480 --> 01:09:56.480] And I understand that. [01:09:56.480 --> 01:10:01.480] So my point is, sue the judge personally. [01:10:01.480 --> 01:10:11.480] And when the city comes in behind him to defend him, then you sue the city for misappropriation [01:10:11.480 --> 01:10:15.480] of public funds. [01:10:15.480 --> 01:10:16.480] Let them argue. [01:10:16.480 --> 01:10:19.480] You just, you refile and name them as a party. [01:10:19.480 --> 01:10:23.480] That'd be great fun. [01:10:23.480 --> 01:10:26.480] Okay. [01:10:26.480 --> 01:10:29.480] So what am I supposed to do then? [01:10:29.480 --> 01:10:37.480] Because they set my pretrial for 30 days from today, actually. [01:10:37.480 --> 01:10:39.480] And so I'm back in... [01:10:39.480 --> 01:10:40.480] Oh, wait a minute. [01:10:40.480 --> 01:10:45.480] File an interlocutory appeal. [01:10:45.480 --> 01:10:46.480] Okay. [01:10:46.480 --> 01:10:47.480] What am I filing? [01:10:47.480 --> 01:10:51.480] Interlocutory appeal. [01:10:51.480 --> 01:10:56.480] Challenge to subject matter jurisdiction is a dispositive motion. [01:10:56.480 --> 01:11:04.480] In that, if you get a ruling in your favor, the case will be disposed of. [01:11:04.480 --> 01:11:11.480] So in a dispositive motion, you can file an interlocutory appeal. [01:11:11.480 --> 01:11:20.480] So file an interlocutory appeal on the ruling on subject matter jurisdiction. [01:11:20.480 --> 01:11:21.480] Okay. [01:11:21.480 --> 01:11:24.480] So that's what I want to do like tomorrow. [01:11:24.480 --> 01:11:25.480] Yes. [01:11:25.480 --> 01:11:27.480] That'll be so much fun. [01:11:27.480 --> 01:11:33.480] I mean, this is the cheapest legal education you can get. [01:11:33.480 --> 01:11:34.480] Right. [01:11:34.480 --> 01:11:35.480] I'm loving it. [01:11:35.480 --> 01:11:41.480] At the end, the worst that's going to happen is you're going to have to pay what you had to pay to start with. [01:11:41.480 --> 01:11:47.480] So in the meantime, you can get them to dance for you. [01:11:47.480 --> 01:11:50.480] This is all about the money. [01:11:50.480 --> 01:11:55.480] They do not care if you're guilty, innocent, what's right, what's wrong. [01:11:55.480 --> 01:11:57.480] They do not care. [01:11:57.480 --> 01:11:59.480] And that is not a condemnation. [01:11:59.480 --> 01:12:00.480] Right. [01:12:00.480 --> 01:12:02.480] I'm not judging them. [01:12:02.480 --> 01:12:04.480] It's business. [01:12:04.480 --> 01:12:09.480] They get hundreds of tickets every day or every month or whatever. [01:12:09.480 --> 01:12:12.480] And it's all about turning dollars. [01:12:12.480 --> 01:12:21.480] So what you can do is make it cost more to fight you than they could ever possibly make. [01:12:21.480 --> 01:12:31.480] They're going to have to steal money from a thousand people just to pay you, but pay for what it costs to fight your case. [01:12:31.480 --> 01:12:43.480] If we get enough people taking them to task and forcing them to spend more money, it becomes a less profitable venture. [01:12:43.480 --> 01:12:59.480] And if they have a shot at losing big time, it becomes even less desirable to railroad people to use the traffic laws as a source of unauthorized tax. [01:12:59.480 --> 01:13:02.480] So have great fun. [01:13:02.480 --> 01:13:08.480] An interlocutory appeal, that'll be great fun. [01:13:08.480 --> 01:13:10.480] All righty. [01:13:10.480 --> 01:13:16.480] Do you have jurisdictionary? [01:13:16.480 --> 01:13:18.480] Do I have jurisdictionary? [01:13:18.480 --> 01:13:23.480] Yes. [01:13:23.480 --> 01:13:25.480] I guess I don't know what you mean. [01:13:25.480 --> 01:13:29.480] Your jurisdictionary is a course by Dr. Frederick Graves. [01:13:29.480 --> 01:13:31.480] He is a lawyer. [01:13:31.480 --> 01:13:38.480] And he put together a course for how to handle your own case. [01:13:38.480 --> 01:13:40.480] Go to Logos Radio Network. [01:13:40.480 --> 01:13:43.480] You'll find it on there. [01:13:43.480 --> 01:13:50.480] When I talk to people, I've got one guy out of Wisconsin that called me and he's telling me what happened. [01:13:50.480 --> 01:13:55.480] And I said, well, you really need to file for a petition for writ of mandamus. He said, I did that. [01:13:55.480 --> 01:13:59.480] Everything I suggested, he said, I did that. [01:13:59.480 --> 01:14:02.480] And I asked him, have you been through jurisdictionary? [01:14:02.480 --> 01:14:04.480] Oh, yeah, I've been through jurisdictionary. [01:14:04.480 --> 01:14:07.480] I can tell when someone's been through jurisdictionary. [01:14:07.480 --> 01:14:12.480] What is in jurisdictionary? [01:14:12.480 --> 01:14:16.480] It's what they don't teach you in law school. [01:14:16.480 --> 01:14:21.480] In law school, they teach you how to argue legal issues. [01:14:21.480 --> 01:14:24.480] But they don't tell you how to file a motion. [01:14:24.480 --> 01:14:33.480] They don't tell you that when you file a motion with the court, you also have to go to the judge's coordinator, [01:14:33.480 --> 01:14:38.480] get a date from the coordinator, and set it for trial. [01:14:38.480 --> 01:14:42.480] If you don't set it for trial, nothing ever happens. [01:14:42.480 --> 01:14:50.480] This is the kind of functional information that every lawyer learns once they get out of law school. [01:14:50.480 --> 01:14:56.480] That's why they all want to go work for a law firm to learn how the practice of law actually works. [01:14:56.480 --> 01:14:58.480] And that's what your jurisdictionary gave you. [01:14:58.480 --> 01:15:02.480] Gave you a big leg up on them. [01:15:02.480 --> 01:15:09.480] Then when I talk about all of these different kinds of documents, you'll understand what I'm talking about. [01:15:09.480 --> 01:15:12.480] It's only, I think, like $250 or so. [01:15:12.480 --> 01:15:17.480] Absolutely the cheapest legal education you could ever get. [01:15:17.480 --> 01:15:19.480] It's on the sponsor's page. [01:15:19.480 --> 01:15:24.480] So just go to logosradionetwork.com, and you can order from there. [01:15:24.480 --> 01:15:32.480] And then we'll have a lot more substantive discussions, and you'll like it. [01:15:32.480 --> 01:15:33.480] All right. Great. [01:15:33.480 --> 01:15:34.480] Now I'm excited. [01:15:34.480 --> 01:15:35.480] Thank you. [01:15:35.480 --> 01:15:36.480] Okay. [01:15:36.480 --> 01:15:37.480] Thank you, DJ. [01:15:37.480 --> 01:15:41.480] Now we're going to go to Joe in Illinois. [01:15:41.480 --> 01:15:45.480] Hello, Joe. [01:15:45.480 --> 01:15:46.480] Good evening. [01:15:46.480 --> 01:15:49.480] How are you? [01:15:49.480 --> 01:15:51.480] Hello. [01:15:51.480 --> 01:15:53.480] Hello, Joe. [01:15:53.480 --> 01:15:55.480] I'm having a little trouble with you, Joe. [01:15:55.480 --> 01:15:58.480] Can you hear me? [01:15:58.480 --> 01:16:03.480] I can hear you. [01:16:03.480 --> 01:16:06.480] Go ahead, Joe. [01:16:06.480 --> 01:16:08.480] Oh, too bad. [01:16:08.480 --> 01:16:10.480] I think we're having a problem with Joe's connection. [01:16:10.480 --> 01:16:11.480] Okay. [01:16:11.480 --> 01:16:15.480] I'm going to go to Rob in New Mexico. [01:16:15.480 --> 01:16:18.480] Hello, Rob. [01:16:18.480 --> 01:16:20.480] Hey, Randy. [01:16:20.480 --> 01:16:21.480] Okay. [01:16:20.480 --> 01:16:21.480] Hold on. [01:16:21.480 --> 01:16:26.480] Joe, you might try hanging up and calling back in, see if we get a better connection. [01:16:26.480 --> 01:16:28.480] Hello, Rob. [01:16:28.480 --> 01:16:34.480] What is up with your – did you go through – oh, wait a minute. [01:16:34.480 --> 01:16:39.480] We're going to talk about the commercial code when we come back. [01:16:39.480 --> 01:16:43.480] This is Randy Kelton, Radio. [01:16:43.480 --> 01:16:48.480] Well, call board is full, so I won't even give out the call – let me give out the caller number. [01:16:48.480 --> 01:16:50.480] 512-646-1984. [01:16:50.480 --> 01:16:56.480] When we drop off a caller, then it opens up a space on the board. [01:16:56.480 --> 01:16:59.480] So we just dropped off a caller. [01:16:59.480 --> 01:17:04.480] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [01:17:04.480 --> 01:17:08.480] Stop debt collectors now with the Michael Mears Proven Method. [01:17:08.480 --> 01:17:14.480] Michael Mears has won six cases in federal court against debt collectors, and now you can win two. 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[01:17:49.480 --> 01:18:00.480] That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now. [01:18:00.480 --> 01:18:04.480] At Capital Coin and Bullion, our mission is to be your preferred shopping destination [01:18:04.480 --> 01:18:08.480] by delivering excellent customer service and outstanding value at an affordable price. [01:18:08.480 --> 01:18:14.480] We provide a wide assortment of your favorite products featuring a great selection of high-quality coins and precious metals. [01:18:14.480 --> 01:18:18.480] We cater to beginners in coin collecting as well as large transactions for investors. [01:18:18.480 --> 01:18:23.480] We believe in educating our customers with resources from top accredited metals dealers and journalists. [01:18:23.480 --> 01:18:26.480] If we don't have what you're looking for, we can find it. [01:18:26.480 --> 01:18:31.480] In addition, we carry popular longevity products such as Beyond Tangy Tangerine and Pollen Burps. [01:18:31.480 --> 01:18:36.480] We also offer One World Way, Mountain House Storable Foods, Berkey Water Products, [01:18:36.480 --> 01:18:39.480] ammunition at 10% above wholesale, and more. [01:18:39.480 --> 01:18:42.480] We broke through Metals IRA accounts and we also accept Bitcoins as payment. [01:18:42.480 --> 01:18:45.480] Call us at 512-646-6440. [01:18:45.480 --> 01:18:50.480] We're located at 7304 Burnet Road, Suite A, about a half mile south of Anderson. [01:18:50.480 --> 01:18:54.480] We're open Monday through Friday 10 to 6, Saturdays 10 to 2. [01:18:54.480 --> 01:18:59.480] Visit us at capitalcoinandbullion.com or call 512-646-6440. [01:18:59.480 --> 01:19:15.480] This is the Logos Radio Network. [01:19:15.480 --> 01:19:30.480] Thank you for watching. [01:19:45.480 --> 01:19:59.480] Okay, we are back. [01:19:59.480 --> 01:20:02.480] Randy Felton with our radio and we're talking to Rob in New Mexico. [01:20:02.480 --> 01:20:11.480] Okay, Rob, UCC, what did you learn about the UCC? [01:20:11.480 --> 01:20:15.480] I learned lots of stuff. [01:20:15.480 --> 01:20:20.480] One thing in particular, the fact that they did not respond to my notice of rescission [01:20:20.480 --> 01:20:25.480] in any way, shape or form other than to tell me that the contract didn't allow for rescission. [01:20:25.480 --> 01:20:32.480] I think just hang on to their property until they inform me of how to dispose of it. [01:20:32.480 --> 01:20:35.480] So that's good. [01:20:35.480 --> 01:20:41.480] Well, okay, hold on. [01:20:41.480 --> 01:20:47.480] Say that again. [01:20:47.480 --> 01:20:52.480] Once they've been notified of a defect in the sale, such as a breach of contract, [01:20:52.480 --> 01:20:59.480] I am not obligated to simply give their property back. [01:20:59.480 --> 01:21:05.480] I may hold it until they inform me of how to dispose of it. [01:21:05.480 --> 01:21:10.480] But, okay, before they inform you of how to dispose of it, [01:21:10.480 --> 01:21:15.480] they have to tender back to you everything you paid them. [01:21:15.480 --> 01:21:17.480] Oh, of course, yeah. [01:21:17.480 --> 01:21:19.480] That's what rescission is. [01:21:19.480 --> 01:21:25.480] So you can then, if you've done the rescission and they haven't responded, [01:21:25.480 --> 01:21:31.480] they said the contract didn't allow for it, then that's their response. [01:21:31.480 --> 01:21:34.480] Now you sue to enforce rescission. [01:21:34.480 --> 01:21:35.480] Yeah. [01:21:35.480 --> 01:21:36.480] And that's what I've done. [01:21:36.480 --> 01:21:39.480] Have you had a chance to look at my complaint yet? [01:21:39.480 --> 01:21:40.480] No, I didn't. [01:21:40.480 --> 01:21:42.480] I was going through my emails. [01:21:42.480 --> 01:21:45.480] I went about five pages down and didn't find anything. [01:21:45.480 --> 01:21:49.480] So did you resend it to me? [01:21:49.480 --> 01:21:58.480] I did, let's see, the first one I sent you about noon on the 9th, [01:21:58.480 --> 01:22:02.480] and then I resented. [01:22:02.480 --> 01:22:03.480] No, I had it written down. [01:22:03.480 --> 01:22:07.480] I can't find it. [01:22:07.480 --> 01:22:10.480] Before the show, I knew somebody was supposed to send me something, [01:22:10.480 --> 01:22:17.480] and so I went down several pages looking for it and couldn't find anything. [01:22:17.480 --> 01:22:19.480] I didn't see anybody that sent me. [01:22:19.480 --> 01:22:23.480] I didn't remember it was you. [01:22:23.480 --> 01:22:27.480] I've been breathing too many diesel fumes lately. [01:22:27.480 --> 01:22:30.480] Yeah, I believe it. [01:22:30.480 --> 01:22:35.480] Okay, what is your email? [01:22:35.480 --> 01:22:36.480] Never mind. [01:22:36.480 --> 01:22:37.480] Don't tell me over the air. [01:22:37.480 --> 01:22:40.480] I did a search for Rob. [01:22:40.480 --> 01:22:44.480] San Patricio Farrier. [01:22:44.480 --> 01:22:47.480] Say that again. [01:22:47.480 --> 01:22:50.480] San Patricio Farrier. [01:22:50.480 --> 01:22:55.480] San, say I ought to get it. [01:22:55.480 --> 01:22:57.480] San. [01:22:57.480 --> 01:22:58.480] I'm not getting it. [01:22:58.480 --> 01:22:59.480] Okay, I'm not getting it. [01:22:59.480 --> 01:23:00.480] I'm not seeing it. [01:23:00.480 --> 01:23:05.480] I don't remember seeing anything from San Patricio Farrier. [01:23:05.480 --> 01:23:06.480] That's an odd name. [01:23:06.480 --> 01:23:08.480] I would have recognized that. [01:23:08.480 --> 01:23:09.480] Try sending it again. [01:23:09.480 --> 01:23:14.480] Make sure you check to see if anything's bounced back. [01:23:14.480 --> 01:23:17.480] Yeah, it hasn't come back. [01:23:17.480 --> 01:23:20.480] Are you looking at remedies or rule of law? [01:23:20.480 --> 01:23:21.480] No, no, no. [01:23:21.480 --> 01:23:22.480] Not remedies. [01:23:22.480 --> 01:23:23.480] Rule of law radio. [01:23:23.480 --> 01:23:25.480] Yeah, I sent it to rule of law. [01:23:25.480 --> 01:23:26.480] Okay. [01:23:26.480 --> 01:23:27.480] Okay. [01:23:27.480 --> 01:23:28.480] I will check when I get off. [01:23:28.480 --> 01:23:37.480] What's going on is I've been trying to get DJs running in jail, so there's that. [01:23:37.480 --> 01:23:44.480] Wait, you were talking to in Ohio? [01:23:44.480 --> 01:23:45.480] Okay, say that again. [01:23:45.480 --> 01:23:50.480] I've been trying to get DJ in Ohio thrown in jail. [01:23:50.480 --> 01:23:53.480] Oh. [01:23:53.480 --> 01:23:55.480] No, we won't get him thrown in jail. [01:23:55.480 --> 01:23:58.480] We hadn't had him do anything really. [01:23:58.480 --> 01:24:03.480] We're not suggesting he go into the court and do anything outrageous. [01:24:03.480 --> 01:24:11.480] No, he filed his written challenge subject matter jurisdiction before his first hearing. [01:24:11.480 --> 01:24:21.480] He went in there and the prosecutor had no idea what to do, so he asked the judge for an additional week. [01:24:21.480 --> 01:24:23.480] The judge gave him two weeks. [01:24:23.480 --> 01:24:28.480] Well, when he went back today, it was a different judge. [01:24:28.480 --> 01:24:31.480] So I don't know if he got a chance to tell you that. [01:24:31.480 --> 01:24:35.480] Oh, okay, so you know him then? [01:24:35.480 --> 01:24:38.480] Yeah, not personally, but online. [01:24:38.480 --> 01:24:39.480] Oh, okay. [01:24:39.480 --> 01:24:47.480] I've been trying to give him information and teach him some stuff I've learned from you and trying to get him thrown in jail. [01:24:47.480 --> 01:24:48.480] Okay. [01:24:48.480 --> 01:24:51.480] Now I understand what your reference was. [01:24:51.480 --> 01:24:56.480] You forgot to get him beaten into unconsciousness part. [01:24:56.480 --> 01:25:01.480] Well, yeah, I'm still working up to that, you know, starting out easy. [01:25:01.480 --> 01:25:07.480] But okay, well, let me try to resend you that email and I'll try and get back to you tomorrow and let you get on to that. [01:25:07.480 --> 01:25:08.480] Tomorrow night, yeah, I'll try to. [01:25:08.480 --> 01:25:17.480] If you'll send it, put the subject line in all caps, then it makes it a lot easier for me to pick it up. [01:25:17.480 --> 01:25:22.480] What do you want me to name it? [01:25:22.480 --> 01:25:25.480] My pleadings. [01:25:25.480 --> 01:25:26.480] My pleadings? [01:25:26.480 --> 01:25:28.480] Yeah. [01:25:28.480 --> 01:25:30.480] Okay, gotcha. [01:25:30.480 --> 01:25:31.480] Okay. [01:25:31.480 --> 01:25:32.480] Okay. [01:25:32.480 --> 01:25:34.480] Thank you, Rob. [01:25:34.480 --> 01:25:35.480] Okay. [01:25:35.480 --> 01:25:40.480] Now we're going to go to Joe in Illinois. [01:25:40.480 --> 01:25:42.480] Hello, Joe. [01:25:42.480 --> 01:25:43.480] Good evening, Randy. [01:25:43.480 --> 01:25:45.480] Can you hear me now? [01:25:45.480 --> 01:25:47.480] I can hear you now. [01:25:47.480 --> 01:25:48.480] Okay. [01:25:48.480 --> 01:25:55.480] Randy, I would like to talk about Summary Judgment. [01:25:55.480 --> 01:25:59.480] A couple of weeks ago, I went to the court for Summary Judgment hearing. [01:25:59.480 --> 01:26:01.480] I was scheduled for Summary Judgment hearing. [01:26:01.480 --> 01:26:02.480] Okay, okay. [01:26:02.480 --> 01:26:05.480] One thing, speak a little slower. [01:26:05.480 --> 01:26:09.480] I think you were saying Summary Judgment. [01:26:09.480 --> 01:26:10.480] Yes. [01:26:10.480 --> 01:26:14.480] I went to the court for Summary Judgment hearing. [01:26:14.480 --> 01:26:18.480] What was the nature of the filing? [01:26:18.480 --> 01:26:20.480] Okay, the other side filed for Summary Judgment. [01:26:20.480 --> 01:26:27.480] What was the claim they were trying to get or the order they were trying to get? [01:26:27.480 --> 01:26:31.480] You know, in the court for a long time, for a few years, [01:26:31.480 --> 01:26:38.480] and basically the Bank of America is claiming my property. [01:26:38.480 --> 01:26:41.480] Okay, you're in a foreclosure situation. [01:26:41.480 --> 01:26:44.480] What was the default judgment? [01:26:44.480 --> 01:26:49.480] What were they asking the judge to rule? [01:26:49.480 --> 01:26:53.480] They wanted a judge, you know, [01:26:53.480 --> 01:27:05.480] amount due on a note plus all this, you know, garbage, fees, and interest. [01:27:05.480 --> 01:27:08.480] Wait a minute. [01:27:08.480 --> 01:27:13.480] I'm not understanding what you're saying. [01:27:13.480 --> 01:27:17.480] Say that again, please. [01:27:17.480 --> 01:27:24.480] The claim is, you know, the bank claiming, you know, obligation on the note. [01:27:24.480 --> 01:27:30.480] Okay, are they asking for the judge to grant foreclosure? [01:27:30.480 --> 01:27:32.480] Right. [01:27:32.480 --> 01:27:34.480] Okay, good, okay. [01:27:34.480 --> 01:27:39.480] Okay, and what's going on, I just want to tell you more about things, you know, [01:27:39.480 --> 01:27:46.480] because this hearing was, you know, like a continuation of the Summary Judgment hearing. [01:27:46.480 --> 01:27:50.480] And when I came to this hearing, [01:27:50.480 --> 01:28:00.480] the judge didn't want to hear my argument and granted Summary Judgment to the bank. [01:28:00.480 --> 01:28:13.480] And the interesting thing is that on July 31, I filed notice for removal of federal court. [01:28:13.480 --> 01:28:19.480] And, you know, up to today, I didn't get any remand, you know. [01:28:19.480 --> 01:28:24.480] The case has not been remanded to the state court. [01:28:24.480 --> 01:28:34.480] So my question is, you know, has the judge, you know, ruled in accordance with the law? [01:28:34.480 --> 01:28:46.480] And, you know, do they have, do he has, you know, or she has, you know, jurisdiction to rule? [01:28:46.480 --> 01:28:52.480] Okay, Joe, I'm having a terrible time understanding you. [01:28:52.480 --> 01:28:53.480] No. [01:28:53.480 --> 01:28:55.480] Say that again. [01:28:55.480 --> 01:28:58.480] Notice of removal. [01:28:58.480 --> 01:29:02.480] Notice of removal, you filed a notice of removal. [01:29:02.480 --> 01:29:04.480] Correct. [01:29:04.480 --> 01:29:13.480] How long, okay, you can only remove a case within 30 days from the date it was filed. [01:29:13.480 --> 01:29:18.480] Were you within 30 days of the date it was filed? [01:29:18.480 --> 01:29:29.480] I agree that the removal has been dismissed, but the case has not been remanded to the state court. [01:29:29.480 --> 01:29:33.480] Okay, so you had it removed and it was remanded? [01:29:33.480 --> 01:29:34.480] No. [01:29:34.480 --> 01:29:36.480] Okay. [01:29:36.480 --> 01:29:38.480] Hang on, we're about to go to break. [01:29:38.480 --> 01:29:43.480] I'm having trouble understanding you, so I really don't know what the position is. [01:29:43.480 --> 01:29:45.480] Hang on, we'll pick this up and come back on the other side. [01:29:45.480 --> 01:29:48.480] Randy Kelton, Debra Stevens, Rule of Law Radio. [01:29:48.480 --> 01:29:52.480] I called at number 512-646-1984. [01:29:52.480 --> 01:29:55.480] We've got a couple slots open, so if you have a question or comment, give us a call. [01:29:55.480 --> 01:30:02.480] We'll be right back. [01:30:02.480 --> 01:30:06.480] When the census form arrives, plenty of people fill out silly things, [01:30:06.480 --> 01:30:10.480] but fictitious job titles like Jedi Knights are apparently nothing new. [01:30:10.480 --> 01:30:16.480] I'm Dr. Catherine Albrecht and I'll be back to tell you about a 19th century pastor with a sense of humor. [01:30:16.480 --> 01:30:18.480] Privacy is under attack. [01:30:18.480 --> 01:30:21.480] When you give up data about yourself, you'll never get it back again. [01:30:21.480 --> 01:30:26.480] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:26.480 --> 01:30:31.480] So protect your rights, say no to surveillance, and keep your information to yourself. [01:30:31.480 --> 01:30:34.480] Privacy, it's worth hanging on to. [01:30:34.480 --> 01:30:37.480] This public service announcement is brought to you by Startpage.com, [01:30:37.480 --> 01:30:42.480] the private search engine alternative to Google, Yahoo, and Bing. [01:30:42.480 --> 01:30:45.480] Start over with Startpage. [01:30:45.480 --> 01:30:50.480] Historian Peter Kitson studies antique census forms in church registers, [01:30:50.480 --> 01:30:53.480] looking for occupational facts that date back centuries. [01:30:53.480 --> 01:30:57.480] It can be a boring job, but when he found a parchment from 1819 [01:30:57.480 --> 01:31:03.480] by the very reverend Dr. Peter Scrimshire Wood, he actually laughed out loud. [01:31:03.480 --> 01:31:07.480] The reverend had enlightened his boring job with some very creative job titles, [01:31:07.480 --> 01:31:12.480] including Knight of the Needle for a Tailor, Beggar Maker for a Government Official, [01:31:12.480 --> 01:31:15.480] and Master of the Burnt Crust for a Baker. [01:31:15.480 --> 01:31:18.480] He even wrote Mantrap for a Woman of Questionable Morals. [01:31:18.480 --> 01:31:22.480] It's a 200-year-old joke that gets a laugh even today. [01:31:22.480 --> 01:31:30.480] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:31:30.480 --> 01:31:36.480] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [01:31:36.480 --> 01:31:38.480] The government says that fire brought it down. [01:31:38.480 --> 01:31:43.480] However, 1,500 architects and engineers concluded it was a controlled demolition. [01:31:43.480 --> 01:31:46.480] Over 6,000 of my fellow service members have given their lives. [01:31:46.480 --> 01:31:49.480] Thousands of my fellow first responders are dying. [01:31:49.480 --> 01:31:51.480] I'm not a conspiracy theorist. I'm a structural engineer. [01:31:51.480 --> 01:31:53.480] I'm a New York City correction officer. I'm an Air Force pilot. [01:31:53.480 --> 01:31:55.480] I'm a father who lost his son. [01:31:55.480 --> 01:31:58.480] We're Americans, and we deserve the truth. [01:31:58.480 --> 01:32:01.480] Go to RememberBuilding7.org today. [01:32:29.480 --> 01:32:32.480] to handle your claim and your roof right the first time. [01:32:32.480 --> 01:32:38.480] Just call 512-992-8745 or go to hillcountryhomeimprovements.com. [01:32:38.480 --> 01:32:41.480] Mention the crypto show and get $100 off, [01:32:41.480 --> 01:32:45.480] and we'll donate another $100 to the Logos Radio Network to help continue this programming. [01:32:45.480 --> 01:32:50.480] So if those out-of-town roofers come knocking, your door should be locking. [01:32:50.480 --> 01:32:56.480] That's 512-992-8745 or hillcountryhomeimprovements.com. [01:32:56.480 --> 01:32:58.480] Discounts are based on full roof replacement. [01:32:58.480 --> 01:33:01.480] Me and I actually be kidding about chemtrails. [01:33:01.480 --> 01:33:04.480] You are listening to the Logos Radio Network. [01:33:04.480 --> 01:33:07.480] Logosradionetwork.com. [01:33:12.480 --> 01:33:15.480] Yeah, who you want to check? Who you take me for? Free Tony? [01:33:15.480 --> 01:33:19.480] Who you want to check? Me no free Tony. You up there and check me. [01:33:19.480 --> 01:33:21.480] All my friends. [01:33:21.480 --> 01:33:24.480] Don't let them check you in the morning, check you in the evening. [01:33:24.480 --> 01:33:26.480] Put a chip in your body. [01:33:26.480 --> 01:33:28.480] And anyway you go computer reading. [01:33:28.480 --> 01:33:30.480] You can't hide me from nobody. [01:33:30.480 --> 01:33:33.480] When you say chip in your mom, chip in your body. [01:33:33.480 --> 01:33:36.480] Chip in your grandpa and the granny. [01:33:36.480 --> 01:33:38.480] Chip in on me, chip in on your baby. [01:33:38.480 --> 01:33:40.480] Chip in on your family. [01:33:40.480 --> 01:33:41.480] Okay, we are back. [01:33:41.480 --> 01:33:47.480] Randy Kelton, we have our radio here with our special guest, Mr. Jeff Sedgwick. [01:33:47.480 --> 01:33:50.480] And he called in specifically to talk to Joe. [01:33:50.480 --> 01:33:52.480] Hello, Mr. Joe. [01:33:52.480 --> 01:33:56.480] I'm going to turn you over to Jeff. [01:33:56.480 --> 01:33:58.480] Are you there, Joe? [01:33:58.480 --> 01:34:02.480] How are you, Jeff? [01:34:02.480 --> 01:34:05.480] Okay, let me make sure that I understand. [01:34:05.480 --> 01:34:11.480] You got a suit in state court that you removed to federal court. [01:34:11.480 --> 01:34:16.480] And that removal has not yet been remanded to state court. [01:34:16.480 --> 01:34:19.480] Is that accurate? [01:34:19.480 --> 01:34:21.480] Yes, it is. [01:34:21.480 --> 01:34:22.480] Okay. [01:34:22.480 --> 01:34:32.480] And at the same time the state, the plaintiff has moved forward in attempting to get a summary judgment in his favor. [01:34:32.480 --> 01:34:34.480] Is that accurate? [01:34:34.480 --> 01:34:36.480] Yes, it is. [01:34:36.480 --> 01:34:48.480] Okay, has the judge in the state court handed down a judgment in favor of them on the motion for summary judgment? [01:34:48.480 --> 01:34:50.480] Yes, she did. [01:34:50.480 --> 01:34:52.480] And you need the motion to vacate. [01:34:52.480 --> 01:34:55.480] Court lacks subject matter jurisdiction. [01:34:55.480 --> 01:35:02.480] And then once you get it vacated, move the court to dismiss with prejudice. [01:35:02.480 --> 01:35:06.480] It's a nondiscretionary duty on the part of the court. [01:35:06.480 --> 01:35:12.480] The court has not only lost the appearance of fairness and objectivity, [01:35:12.480 --> 01:35:18.480] the court has demonstrated a venomous hatred of the defendant. [01:35:18.480 --> 01:35:24.480] And the defendant can't get a fair trial in that court. [01:35:24.480 --> 01:35:28.480] So in other words, let me just... [01:35:28.480 --> 01:35:38.480] I suggest, sir, that you capture the recording of this call and we're one hour and 35 minutes into the call. [01:35:38.480 --> 01:35:40.480] Do not go in other words. [01:35:40.480 --> 01:35:44.480] Use those exact words. [01:35:44.480 --> 01:35:54.480] So Jeff, so right now the course of action, my course of action is to file a motion to set aside and vacate the judgment. [01:35:54.480 --> 01:36:00.480] To vacate the judgment, the court lacked jurisdiction. [01:36:00.480 --> 01:36:10.480] The court, the case was residing with the federal court and the state court had no jurisdiction to hand down a judgment. [01:36:10.480 --> 01:36:22.480] So let me ask you, is remand supposed to be like a notice to the state court that the case has not been... [01:36:22.480 --> 01:36:32.480] When the federal court remands, the state court is notified and so are you. [01:36:32.480 --> 01:36:41.480] Okay, so is it, you know, is it remand the same like a notice from the federal court that the case has been dismissed? [01:36:41.480 --> 01:36:52.480] If you're using the word notice in its generic Webster's dictionary definition, yes. [01:36:52.480 --> 01:37:00.480] So in other words, you know, because three weeks after I filed, I received notice of dismissing my case. [01:37:00.480 --> 01:37:05.480] So the same like a remand. [01:37:05.480 --> 01:37:10.480] No. Who dismissed your case? [01:37:10.480 --> 01:37:19.480] Oh, there was automatic, automatic docket entry. [01:37:19.480 --> 01:37:25.480] There's no such thing. Who dismissed your case? [01:37:25.480 --> 01:37:29.480] Did the federal court dismiss your case? [01:37:29.480 --> 01:37:39.480] Yes, I received three weeks after filing, I received notice from the federal court. [01:37:39.480 --> 01:37:46.480] Right. And did it say that when you got the notice, did it say it was remanded to the state court? [01:37:46.480 --> 01:37:53.480] No, it doesn't say that. It doesn't say that. What would you say? [01:37:53.480 --> 01:37:56.480] What does it say? [01:37:56.480 --> 01:38:03.480] I'm just, you know, I have this notice. [01:38:03.480 --> 01:38:17.480] It says that the notice says notification of docket entry and says that according to Section 28, [01:38:17.480 --> 01:38:36.480] Section 1446B, the case has been dismissed because notice of removal to be filed within 30 days after received by the defendant of the initial pleading. [01:38:36.480 --> 01:38:44.480] It says notice notification of docket entry. It doesn't say about remanding. [01:38:44.480 --> 01:38:48.480] So they denied the removal? [01:38:48.480 --> 01:38:50.480] Yes, they denied the removal. [01:38:50.480 --> 01:38:51.480] Right. [01:38:51.480 --> 01:38:59.480] Okay. So it's back in state court. [01:38:59.480 --> 01:39:02.480] When was that signed? [01:39:02.480 --> 01:39:06.480] When was that signed, sir? [01:39:06.480 --> 01:39:10.480] This was signed three weeks after filing. [01:39:10.480 --> 01:39:19.480] And so you were basically out of time. It was an untimely removal if they moved that quickly on it. [01:39:19.480 --> 01:39:27.480] So I understand that there's supposed to be a notice of removal to the state court. It doesn't say about moving to the state court. [01:39:27.480 --> 01:39:33.480] You mean remanding? They denied the removal. [01:39:33.480 --> 01:39:39.480] They denied the removal. They don't have to remand. [01:39:39.480 --> 01:39:40.480] Okay. [01:39:40.480 --> 01:39:48.480] Well, that's bad. That's bad. So what action do I have, you know? So in other words, court was acting... [01:39:48.480 --> 01:39:53.480] So is the motion for summary judgment still pending? [01:39:53.480 --> 01:39:54.480] Yes. [01:39:54.480 --> 01:39:55.480] Yes? [01:39:55.480 --> 01:40:01.480] No, wait, wait. You got a ruling that granted summary judgment, correct? [01:40:01.480 --> 01:40:11.480] I have two weeks to respond to make a motion for reconsideration, if this is the case. [01:40:11.480 --> 01:40:16.480] They ruled against you, and now you need to file a motion for reconsideration. [01:40:16.480 --> 01:40:26.480] Okay. So how do you defeat a motion for summary judgment? [01:40:26.480 --> 01:40:29.480] I didn't. You know, I'm a lawyer. [01:40:29.480 --> 01:40:35.480] Answer the question. [01:40:35.480 --> 01:40:39.480] How do you defeat a motion for summary judgment? [01:40:39.480 --> 01:40:47.480] I'm going to just, you know, I'm going to just, you know, basically like standing and... [01:40:47.480 --> 01:40:50.480] No. [01:40:50.480 --> 01:40:51.480] And what? [01:40:51.480 --> 01:40:56.480] And there is another case pending, you know, against buying bank. [01:40:56.480 --> 01:41:02.480] Standing? You're going to use standing to defeat a motion for summary judgment? [01:41:02.480 --> 01:41:10.480] I'm just going to basically defend my title, you know. That's what I'm going to do. [01:41:10.480 --> 01:41:12.480] No, not going to work. [01:41:12.480 --> 01:41:13.480] Standing. [01:41:13.480 --> 01:41:17.480] No, not going to work. [01:41:17.480 --> 01:41:19.480] How do you beat it? [01:41:19.480 --> 01:41:30.480] You have to show the court that there's at least one material fact in controversy or dispute. [01:41:30.480 --> 01:41:38.480] So I have a declaratory judgment which is pending right now. [01:41:38.480 --> 01:41:49.480] No, no, you have to show the court there's at least one material fact that's in dispute. [01:41:49.480 --> 01:42:03.480] So I can probably, you know, strike, you know, I can file, but if I could, you know, right now I'm not allowed to file anything. [01:42:03.480 --> 01:42:08.480] Wait a minute. Didn't you say that you could file a motion to reconsider? [01:42:08.480 --> 01:42:09.480] Yes. [01:42:09.480 --> 01:42:18.480] Then you're going to have to use your motion to reconsider and show the court that there's at least one material fact in dispute. [01:42:18.480 --> 01:42:25.480] Okay. Okay. So I can probably, you know, strike affidavit. [01:42:25.480 --> 01:42:27.480] Say what, please? [01:42:27.480 --> 01:42:29.480] Strike affidavit. [01:42:29.480 --> 01:42:34.480] No, you have to show the court there's at least one material fact that's in dispute. [01:42:34.480 --> 01:42:38.480] You need to go and read on summary. [01:42:38.480 --> 01:42:41.480] This is state court? [01:42:41.480 --> 01:42:42.480] State court. [01:42:42.480 --> 01:42:51.480] You need to go to the Rules of Civil Procedure for your state and read what is required for a summary judgment. [01:42:51.480 --> 01:43:04.480] And out of that, show the court that they lack at least one material fact that remains in dispute in order to defeat it. [01:43:04.480 --> 01:43:09.480] So is it, you know, like a due process? [01:43:09.480 --> 01:43:16.480] No. You have to have a material fact. What are you alleging in your case? [01:43:16.480 --> 01:43:21.480] I'm going to allege, you know... [01:43:21.480 --> 01:43:27.480] No, no. Not what you're going to allege. What have you already alleged? [01:43:27.480 --> 01:43:37.480] I allege, you know, that they have a standing when he just filed that proposal. [01:43:37.480 --> 01:43:48.480] Okay. Hang on. Hang on. We're about to go to Bernie Kelton Radio here with Jeff Sedgwick, our call in number 512-646-1984. [01:43:48.480 --> 01:43:54.480] When we come back, we'll go to that issue of standing as a material fact in dispute. [01:43:54.480 --> 01:44:00.480] Hang on. We'll be right back. [01:44:00.480 --> 01:44:04.480] You feel tired when talking about important topics like money and politics? [01:44:04.480 --> 01:44:07.480] Are you confused by words like the Constitution or the Federal Reserve? [01:44:07.480 --> 01:44:08.480] What? [01:44:08.480 --> 01:44:12.480] If so, you may be diagnosed with the deadliest disease known today, stupidity. [01:44:12.480 --> 01:44:19.480] Hi. My name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity at an early age. [01:44:19.480 --> 01:44:25.480] I had no idea that the number one cause of the disease is found in almost every home in America, the television. [01:44:25.480 --> 01:44:30.480] Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope. [01:44:30.480 --> 01:44:36.480] My staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports zombieism recover. [01:44:36.480 --> 01:44:43.480] And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested. [01:44:43.480 --> 01:44:54.480] So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them at 1904Guadalupe or bravenewbookstore.com. [01:44:54.480 --> 01:45:00.480] Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning. [01:45:00.480 --> 01:45:03.480] Are you the plaintiff or defendant in a lawsuit? [01:45:03.480 --> 01:45:15.480] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step by step. [01:45:15.480 --> 01:45:18.480] If you have a lawyer, know what your lawyer should be doing. [01:45:18.480 --> 01:45:22.480] If you don't have a lawyer, know what you should do for yourself. [01:45:22.480 --> 01:45:27.480] Thousands have won with our step-by-step course, and now you can too. [01:45:27.480 --> 01:45:33.480] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:33.480 --> 01:45:42.480] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts. [01:45:42.480 --> 01:45:52.480] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more. [01:45:52.480 --> 01:46:15.480] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [01:46:23.480 --> 01:46:27.480] Okay, we are back, Randy Kelton, Rule of Law Radio. [01:46:27.480 --> 01:46:30.480] And Joe, we are running out of time. [01:46:30.480 --> 01:46:37.480] Look at the claims that the plaintiff made. [01:46:37.480 --> 01:46:41.480] Look at the facts they stated and supported their claim. [01:46:41.480 --> 01:46:44.480] Look at the facts that you dispute. [01:46:44.480 --> 01:46:49.480] You only have to name one fact that's in dispute to overcome some rejudgment. [01:46:49.480 --> 01:46:53.480] Some rejudgment can only be had when both sides agree on all the facts. [01:46:53.480 --> 01:46:54.480] We do have to move on. [01:46:54.480 --> 01:46:58.480] We've got two first-time callers and only one segment left. [01:46:58.480 --> 01:47:02.480] So sorry, Joe, we just don't have more time for you. [01:47:02.480 --> 01:47:06.480] We're going to go into Michael in Pennsylvania. [01:47:06.480 --> 01:47:08.480] Hello, Michael. [01:47:08.480 --> 01:47:11.480] Sorry to make you wait so long. [01:47:11.480 --> 01:47:13.480] Not a problem at all. [01:47:13.480 --> 01:47:19.480] Listen, I've got a question for you and we're going to have a few things to say. [01:47:19.480 --> 01:47:26.480] But one thing I have to say is for Sonny, I think he's in Florida or Texas. [01:47:26.480 --> 01:47:27.480] Georgia. [01:47:27.480 --> 01:47:31.480] I remember hearing about that merged. [01:47:31.480 --> 01:47:32.480] Yes. [01:47:32.480 --> 01:47:48.480] I think maybe you might consider looking into serving somebody of that nature with a demand for a true bill in commerce. [01:47:48.480 --> 01:47:50.480] You know what I mean? [01:47:50.480 --> 01:48:00.480] Because his record seemed to be a little foggy and he was having difficulty finding out who actually was the plaintiff. [01:48:00.480 --> 01:48:03.480] Okay. [01:48:03.480 --> 01:48:08.480] There was an assignment of the security instrument. [01:48:08.480 --> 01:48:13.480] And we're dealing with the four corners of the document. [01:48:13.480 --> 01:48:15.480] I was going to go there, too. [01:48:15.480 --> 01:48:17.480] Jack wanted to go there. [01:48:17.480 --> 01:48:18.480] Yeah. [01:48:18.480 --> 01:48:25.480] The document said that Merge did this, but it wasn't signed to Merge. [01:48:25.480 --> 01:48:27.480] It was signed with somebody's name. [01:48:27.480 --> 01:48:29.480] And I was just going to a legal point with him. [01:48:29.480 --> 01:48:35.480] The only thing you actually know about this document is that somebody signed it. [01:48:35.480 --> 01:48:38.480] You don't know that anything he put on there was true or correct. [01:48:38.480 --> 01:48:41.480] You don't know if Merge had anything to do with it. [01:48:41.480 --> 01:48:43.480] You need this guy to testify. [01:48:43.480 --> 01:48:44.480] Go ahead, Jeff. [01:48:44.480 --> 01:48:45.480] Yeah. [01:48:45.480 --> 01:48:49.480] If we deal with Sonny, we're not going to get Michael. [01:48:49.480 --> 01:48:50.480] All right. [01:48:50.480 --> 01:48:51.480] Well, let's get on with it then. [01:48:51.480 --> 01:48:59.480] Speaking about the Four Corners Rule, I have a question. [01:48:59.480 --> 01:49:03.480] In the contract of commerce between the state, which would be the prosecuting attorney [01:49:03.480 --> 01:49:11.480] and in my particular consensus, the Board of Common Pleasers of Pennsylvania, [01:49:11.480 --> 01:49:15.480] I signed a contract with them and the other party signed a contract. [01:49:15.480 --> 01:49:17.480] They signed a wedding signature. [01:49:17.480 --> 01:49:23.480] And before my signature, I instilled three ellipses. [01:49:23.480 --> 01:49:30.480] Now, is that considered what I meant by the three ellipses was duress? [01:49:30.480 --> 01:49:39.480] Over my signature, I wrote reservation of rights without prejudice, UCC 1-308. [01:49:39.480 --> 01:49:44.480] Now, the other party, which would be the public defender, signed also, [01:49:44.480 --> 01:49:49.480] and the judge signed a wedding signature next to that after I did. [01:49:49.480 --> 01:49:53.480] Now, would that be considered a contract? [01:49:53.480 --> 01:49:57.480] It depends on what you signed. [01:49:57.480 --> 01:50:08.480] Well, one of them was for a waiver of initial hearing. [01:50:08.480 --> 01:50:10.480] Yes, that could be considered a contract. [01:50:10.480 --> 01:50:15.480] It was in front of my signature because I didn't waive those. [01:50:15.480 --> 01:50:18.480] I didn't feel like I was willing to waive those, [01:50:18.480 --> 01:50:26.480] but one of them was a demand that I, within 30 days, file all motions. [01:50:26.480 --> 01:50:31.480] And I didn't agree with that, so I put dot, dot, dot in front of my initials. [01:50:31.480 --> 01:50:36.480] Dot, dot, dot doesn't mean anything in law. [01:50:36.480 --> 01:50:38.480] Well, what does it mean? [01:50:38.480 --> 01:50:41.480] It means that you have a quotation, [01:50:41.480 --> 01:50:47.480] and a portion of the quotation has been omitted. [01:50:47.480 --> 01:50:48.480] That's all it means. [01:50:48.480 --> 01:50:53.480] All right, so then it cannot be considered within the Port Hornes rule? [01:50:53.480 --> 01:50:56.480] No, because it has no meaning. [01:50:56.480 --> 01:51:04.480] If you put an ellipsis in the front of something written, then it means nothing. [01:51:04.480 --> 01:51:09.480] All right, and if it's in the back, it means something? [01:51:09.480 --> 01:51:11.480] It means that you have a quotation, [01:51:11.480 --> 01:51:18.480] and you haven't written down the entire quotation that there's more that you left out. [01:51:18.480 --> 01:51:21.480] That's what an ellipsis means. [01:51:21.480 --> 01:51:23.480] All right, now I have another thing. [01:51:23.480 --> 01:51:33.480] In Act of 1871, they redefined the word person to mean corporation. [01:51:33.480 --> 01:51:35.480] Now, as near as I can tell... [01:51:35.480 --> 01:51:36.480] Now, hold on, hold on. [01:51:36.480 --> 01:51:40.480] That's not really exactly correct. [01:51:40.480 --> 01:51:41.480] Oh, all right. [01:51:41.480 --> 01:51:47.480] They defined it to mean to include a fictional entity. [01:51:47.480 --> 01:51:50.480] It can be a living, breathing person, [01:51:50.480 --> 01:51:58.480] but it also can be a corporation or other form of legal fiction. [01:51:58.480 --> 01:52:02.480] But it's saying it's ambiguous. [01:52:02.480 --> 01:52:06.480] Meaning a person is ambiguous. [01:52:06.480 --> 01:52:08.480] In what context? [01:52:08.480 --> 01:52:12.480] Well, I mean, you know, sometimes it can be a corporation fiction, [01:52:12.480 --> 01:52:15.480] and sometimes it could be a man. [01:52:15.480 --> 01:52:17.480] Yes, that doesn't make it ambiguous. [01:52:17.480 --> 01:52:20.480] That just makes it more encompassing. [01:52:20.480 --> 01:52:22.480] It does. [01:52:22.480 --> 01:52:26.480] I can stand before the court as a person, [01:52:26.480 --> 01:52:32.480] or I can come in as an attorney and represent a company, [01:52:32.480 --> 01:52:37.480] and the company comes before the court as a person. [01:52:37.480 --> 01:52:41.480] All right, then what about if a man says, [01:52:41.480 --> 01:52:47.480] I'm a U.S. citizen or I'm a free man of Pennsylvania? [01:52:47.480 --> 01:52:49.480] Is there a difference there? [01:52:49.480 --> 01:52:53.480] A U.S. citizen would be considered a person in a vessel. [01:52:53.480 --> 01:53:00.480] Okay, that may be true, but as to the jurisdiction of the court, [01:53:00.480 --> 01:53:06.480] what does the fact that you're a free man [01:53:06.480 --> 01:53:11.480] have to do with the jurisdiction of the court [01:53:11.480 --> 01:53:15.480] or the application of the statutes? [01:53:15.480 --> 01:53:17.480] Good question. [01:53:17.480 --> 01:53:22.480] My point is that if I do not assume a corporate fiction, [01:53:22.480 --> 01:53:25.480] which is what is indicated on an identification [01:53:25.480 --> 01:53:29.480] as they issued identification card, [01:53:29.480 --> 01:53:34.480] that being what is indicated on a birth certificate. [01:53:34.480 --> 01:53:36.480] Randy, can I interject here? [01:53:36.480 --> 01:53:38.480] Absolutely, sure. [01:53:38.480 --> 01:53:43.480] Sir, there are so many things that you've said so far [01:53:43.480 --> 01:53:49.480] that are conclusory, conjecture, assumptions, [01:53:49.480 --> 01:53:53.480] none of which have I ever seen backed up [01:53:53.480 --> 01:53:58.480] with any law the court would consider. [01:53:58.480 --> 01:54:04.480] I suspect the road you're going down is going to do nothing more [01:54:04.480 --> 01:54:10.480] than foment far more trouble than you have right now. [01:54:10.480 --> 01:54:15.480] Also, you're saying that the birth certificate is a... [01:54:15.480 --> 01:54:20.480] I said what I said. Do not put words in my mouth. [01:54:20.480 --> 01:54:22.480] I'm just asking. [01:54:22.480 --> 01:54:24.480] You're not asking. You told me. [01:54:24.480 --> 01:54:29.480] And I told you, don't put words in my mouth. [01:54:29.480 --> 01:54:31.480] This thing about... [01:54:31.480 --> 01:54:34.480] Well, we understand this argument. [01:54:34.480 --> 01:54:37.480] I've been hearing it for years and years. [01:54:37.480 --> 01:54:42.480] Never, ever have I encountered anyone [01:54:42.480 --> 01:54:47.480] who achieved remedy using these arguments. [01:54:47.480 --> 01:54:51.480] And I've been doing this show a long time. [01:54:51.480 --> 01:54:55.480] And since that is so pervasive, [01:54:55.480 --> 01:54:58.480] I've been trying to find substance to support it. [01:54:58.480 --> 01:55:02.480] This notion that the birth certificate is something more [01:55:02.480 --> 01:55:06.480] than a document that registers that this human being [01:55:06.480 --> 01:55:11.480] was born alive on the planet on this day at this time. [01:55:11.480 --> 01:55:15.480] It doesn't matter because there's no relationship [01:55:15.480 --> 01:55:20.480] between you and that birth certificate. [01:55:20.480 --> 01:55:22.480] Did you sign it? [01:55:22.480 --> 01:55:28.480] No. There's no relationship between you and that birth certificate. [01:55:28.480 --> 01:55:32.480] I've heard all these stories, how it creates a trust [01:55:32.480 --> 01:55:34.480] and how it's supposed to... [01:55:34.480 --> 01:55:37.480] I talked to Winston Trout on this. [01:55:37.480 --> 01:55:40.480] When I talked to Winston Trout, I was on his show, [01:55:40.480 --> 01:55:43.480] and asked him where he came up with all this. [01:55:43.480 --> 01:55:49.480] I told him that, you know, Winston, I'm a creature of statute. [01:55:49.480 --> 01:55:53.480] So where's the case law or statutory law [01:55:53.480 --> 01:55:58.480] that supports this story that you have? [01:55:58.480 --> 01:56:01.480] And he said, well, I don't know that there is any. [01:56:01.480 --> 01:56:05.480] I said, well, where did you come up with this? [01:56:05.480 --> 01:56:09.480] He said, well, I figured it out. [01:56:09.480 --> 01:56:14.480] So I said, so what you're telling me is essentially you made it up. [01:56:14.480 --> 01:56:19.480] And to Winston's credit, he thought a minute, [01:56:19.480 --> 01:56:22.480] and he said, well, yes, as a matter of fact, I did. [01:56:22.480 --> 01:56:27.480] I said, Winston, I can't go into court without making it up. [01:56:27.480 --> 01:56:32.480] When I go into court, I have to develop the facts [01:56:32.480 --> 01:56:34.480] in accordance with the rules of evidence, [01:56:34.480 --> 01:56:39.480] then apply the law as it comes to provide the law [01:56:39.480 --> 01:56:43.480] that applies to those facts that leads to the conclusion that I want [01:56:43.480 --> 01:56:46.480] because the judge has a duty to determine the facts [01:56:46.480 --> 01:56:48.480] in accordance with the rules of evidence, [01:56:48.480 --> 01:56:51.480] then apply the law as it comes to him with the facts in the case. [01:56:51.480 --> 01:56:58.480] Now, whatever else I may think of how the law should apply, [01:56:58.480 --> 01:57:05.480] when I go into court, this is how it's going to apply. [01:57:05.480 --> 01:57:10.480] And if I'm going to try to get a positive outcome, [01:57:10.480 --> 01:57:14.480] I have to deal with the way things actually work. [01:57:14.480 --> 01:57:17.480] I'm an engineer. I'm not a theologist. [01:57:17.480 --> 01:57:21.480] So does that make sense? [01:57:21.480 --> 01:57:29.480] Yes, it certainly does. [01:57:29.480 --> 01:57:38.480] When, in my particular instance, I refused an attorney. [01:57:38.480 --> 01:57:43.480] I was under a $25,000 bond for a first offense misdemeanor, [01:57:43.480 --> 01:57:48.480] and I refused an attorney and sent the judge over to the misdemeanor. [01:57:48.480 --> 01:57:52.480] I am sorry, we are completely out of time. [01:57:52.480 --> 01:57:54.480] It's took longer than I intended. [01:57:54.480 --> 01:57:57.480] We will do a four-hour show tomorrow night. [01:57:57.480 --> 01:58:00.480] And if you'll call in early, I'll bring you up early [01:58:00.480 --> 01:58:04.480] because I'd like to look a little more into this. [01:58:04.480 --> 01:58:07.480] You were first talking about the contract side. [01:58:07.480 --> 01:58:11.480] And I've come to understand that's a pretty good place to go [01:58:11.480 --> 01:58:15.480] because we have substance to back that up. [01:58:15.480 --> 01:58:17.480] So give us a call tomorrow night. [01:58:17.480 --> 01:58:19.480] And Chris, I'm sorry I couldn't get to you. [01:58:19.480 --> 01:58:21.480] Will you call us back tomorrow night? [01:58:21.480 --> 01:58:23.480] This is Randy Kelton, Debra Stevens, [01:58:23.480 --> 01:58:25.480] rule of law radio with Jeff Cedric. [01:58:25.480 --> 01:58:26.480] Thank you, Jeff. [01:58:26.480 --> 01:58:30.480] I always like somebody on here older than me. [01:58:30.480 --> 01:58:33.480] It makes me feel sad. [01:58:33.480 --> 01:58:35.480] Okay, give us a call tomorrow night. [01:58:35.480 --> 01:58:42.480] Thank you all for listening, and good night. [01:58:42.480 --> 01:58:47.480] We'll be right back. [01:59:12.480 --> 01:59:17.480] We'll be right back. [01:59:42.480 --> 01:59:52.480] 551-0102 or visit us online at bfa.org. [01:59:52.480 --> 01:59:55.480] You're listening to the Logos Radio Network [01:59:55.480 --> 02:00:13.480] at logosradio network.com.