[00:00.000 --> 00:06.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing the deli
[00:06.000 --> 00:13.000]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.000 --> 00:21.000]  into the tides of the alternative.
[00:21.000 --> 00:28.000]  Markets for the 8th of June, 2016, are currently trading with gold at $1,262.18 an ounce, silver
[00:28.000 --> 00:34.000]  at $15.03 an ounce, Texas crude, $50.36 a barrel, and Bitcoin is still climbing at
[00:34.000 --> 00:42.000]  $581 U.S. currency.
[00:42.000 --> 00:47.000]  Today in history, the year 1789, James Madison introduced and proposed the Bill of Rights
[00:47.000 --> 00:49.000]  in the U.S. House of Representatives.
[00:49.000 --> 00:51.000]  It consisted of a series of 39 amendments.
[00:51.000 --> 00:55.000]  The final version wasn't ratified until December 15, 1791.
[00:55.000 --> 01:02.000]  The proposition of the Bill of Rights by James Madison, today in history.
[01:02.000 --> 01:06.000]  In recent news, Commander David Benham, spokesman for the Pacific Command, said that the U.S.
[01:06.000 --> 01:11.000]  Pacific Command has reviewed the details of the intercept of a U.S. reconnaissance aircraft
[01:11.000 --> 01:16.000]  on a routine patrol by two Chinese jets, J-10s, that occurred on J-7 in international airspace
[01:16.000 --> 01:17.000]  over the East China Sea.
[01:17.000 --> 01:22.000]  One of the intercepting Chinese jets had an unsafe excessive rate of closure on the RCI-35
[01:22.000 --> 01:23.000]  aircraft.
[01:23.000 --> 01:28.000]  Initial assessments is that it seems to be a case of improper airmanship, as no other
[01:28.000 --> 01:32.000]  provocative or unsafe maneuvers occurred, and that the Pentagon is addressing the issue
[01:32.000 --> 01:35.000]  with China and appropriate diplomatic and military channels.
[01:35.000 --> 01:39.000]  Chinese Foreign Minister spokesman Hong Li told reporters in Beijing that the U.S. once
[01:39.000 --> 01:41.000]  again is deliberately hyping the issue.
[01:41.000 --> 01:45.000]  The relevant Chinese military personnel have always acted professionally and in accordance
[01:45.000 --> 01:50.000]  with the law, while repeating Chinese demands to close surveillance activity against China
[01:50.000 --> 01:53.000]  to prevent similar incidents from happening again.
[01:53.000 --> 01:56.000]  This latest incident is one of many close calls as of late between the People's Republic
[01:56.000 --> 02:04.000]  of China and the United States.
[02:04.000 --> 02:08.000]  A Montgomery County judge has sentenced Donald Middleton yesterday to life in prison.
[02:08.000 --> 02:13.000]  It seems a 56-year-old man was convicted of drunk driving nine times since 1980.
[02:13.000 --> 02:17.000]  The sentencing was after he pleaded guilty last week to driving drunk in May of 2015
[02:17.000 --> 02:21.000]  and caused a traffic accident where he apparently was arrested after allegedly fleeing on foot
[02:21.000 --> 02:25.000]  after the wreck and ran into a store and pleaded with clerks not to turn him in.
[02:25.000 --> 02:33.000]  He has already served four prison terms for alcohol-related convictions.
[02:33.000 --> 02:37.000]  Hillary Clinton is now the certain Democratic nominee after her win of key states last night.
[02:37.000 --> 02:42.000]  In particular, California, where out of the 475 delegates up for grabs, she raked in 269
[02:42.000 --> 02:48.000]  of them. As of now, the numbers stand at 2,203 delegates for Hillary and 1,828 for Sanders.
[02:48.000 --> 02:51.000]  However, the difference with superdelegates was more substantial with Hillary now having
[02:51.000 --> 02:55.000]  574 and Bernie only a measly 48.
[02:55.000 --> 03:12.000]  This is Rick Brody with the Lowdown for June 8, 2016.
[03:25.000 --> 03:32.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.000 --> 03:38.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.000 --> 03:43.000]  When you were eight and you had bad traits You'd go to school and learn the golden rules
[03:43.000 --> 03:49.000]  So why are you acting like a bloody fool? It's to get hot and you must get cool
[03:49.000 --> 03:55.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:55.000 --> 04:00.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:00.000 --> 04:04.000]  You took it on that one, you took it on this one You took it on your mother and you took
[04:04.000 --> 04:08.000]  it on your father You took it on your brother and you took it on your sister
[04:08.000 --> 04:15.000]  You took it on that one and you took it on me Bad boys, bad boys, whatcha gonna do?
[04:15.000 --> 04:21.720]  Okay, howdy, howdy, Randy Kelton, Debra Stevens, Rule of Law Radio on this ninth day of June
[04:21.720 --> 04:32.960]  2016. Can you believe the year is half over already? It keeps going faster every year.
[04:32.960 --> 04:43.000]  But tonight we're going to have the phones open all night. I am planning on doing a presentation
[04:43.000 --> 04:55.080]  in Austin on the weekend of the 25th at Brave New Books. So if anybody wants to come and
[04:55.080 --> 05:00.880]  hear a lecture up, I will put the whole room to sleep. And what I'm going to be talking
[05:00.880 --> 05:10.600]  about is kind of generally how things really work. I'm developing an ebook on the subject
[05:10.600 --> 05:17.080]  of all of this time and doing this show and at the same time dealing with these public
[05:17.080 --> 05:25.720]  officials. I've learned a lot about how things really work as opposed to the way the schools
[05:25.720 --> 05:35.440]  and the government and especially judges and lawyers want you to think it works. It doesn't
[05:35.440 --> 05:43.600]  really work anything like you think it does, or it doesn't work anything like your government
[05:43.600 --> 05:52.680]  officials would like you to think that it does. The one thing especially they don't
[05:52.680 --> 06:00.720]  want you to know about or understand is the fact that they're all public servants and
[06:00.720 --> 06:09.320]  you are the masters of those servants. Once you understand that core underlying principle,
[06:09.320 --> 06:17.040]  your whole perspective will change dramatically in how you deal with government officials,
[06:17.040 --> 06:22.920]  be it judges or the city employees or police or anyone else, your whole perspective will
[06:22.920 --> 06:32.800]  change. And they can tell. The last ticket I got was in Decatur, Texas. And they dismissed
[06:32.800 --> 06:40.200]  my case when I didn't show up for the pretrial hearing. And I was upset about that and called
[06:40.200 --> 06:47.640]  the chief of police to complain about it because that chicken cowardly little prosecutor dismissed
[06:47.640 --> 06:57.680]  my case and ruined all of my fun. But because when I came in the door, it was clear to them
[06:57.680 --> 07:10.240]  that I was not a defendant here, that they were all servants. I was here as the master
[07:10.240 --> 07:18.080]  and they did not want anything to do with me. I'm hoping that we can help a large group
[07:18.080 --> 07:28.200]  of people come to understand this part. Once you understand it from this perspective, everything
[07:28.200 --> 07:36.120]  you do concerning the government will change. It will change how you think about them and
[07:36.120 --> 07:41.840]  change how you act and react to them. And I'll just briefly go over some of the high
[07:41.840 --> 07:49.960]  points. Our call boards are open 512-646-1984. If you have a question or comment, we'll be
[07:49.960 --> 07:55.960]  taking your calls all night. But until we get some calls up, I want to talk about, I'll
[07:55.960 --> 08:05.120]  start out with the common fallacies, things you were taught to believe that are not true.
[08:05.120 --> 08:11.040]  And one of the first things that everybody should understand about the criminal justice,
[08:11.040 --> 08:20.560]  I'm sorry, about the court system, be it criminal or civil, is it's not fair. We want to think
[08:20.560 --> 08:25.440]  it's fair. We need to think it's fair, but it's not. It's not fair. It wasn't designed
[08:25.440 --> 08:37.680]  to be fair. Fairness is very subjective. It was designed to be consistent. Our judge is
[08:37.680 --> 08:45.560]  not there to dispense justice. He's there to determine the facts in accordance with
[08:45.560 --> 08:49.360]  the rules of evidence to apply the laws that comes to him to the facts in the case. That's
[08:49.360 --> 08:58.640]  what he's there for. If he has another agenda, like this judge that once said in his court,
[08:58.640 --> 09:06.040]  nobody was going to get a free house. They needed to disqualify that judge because that's
[09:06.040 --> 09:16.160]  a clear statement that he intends to juxtapose his concept of justice over the rule of law.
[09:16.160 --> 09:27.480]  If you enter a court situation and you lose by law and you believe that the law is unfair,
[09:27.480 --> 09:34.920]  go to your legislators and get it changed. Justice is something for the legislature,
[09:34.920 --> 09:42.600]  not for the courts. You don't want that judge deciding what he thinks is fair. And that's
[09:42.600 --> 09:49.000]  what happened in the common law. You were subject to whatever personal opinion that
[09:49.000 --> 09:53.800]  judge happened to have this particular day. If he had to be in a good mood, he might rule
[09:53.800 --> 10:00.920]  in your favor. If not, you're subject to his whim because he dispenses justice. I don't
[10:00.920 --> 10:05.880]  want my judges dispensing justice. I want them to determine the facts in accordance
[10:05.880 --> 10:09.200]  with the rules of evidence to apply the laws that comes to them to the facts in the case.
[10:09.200 --> 10:20.520]  They do anything else. I take off my litigants hat. I put on my master's hat and I take them
[10:20.520 --> 10:30.120]  to task. I just filed criminal charges against a federal judge in Fort Worth, Judge McBride.
[10:30.120 --> 10:38.040]  I filed a state suit very carefully crafted to have no federal issues. As is consistent
[10:38.040 --> 10:45.080]  the other side immediately removed it to the federal court. Then I filed a challenge subject
[10:45.080 --> 10:49.240]  matter jurisdiction in the federal court. The other side filed a rule 12 B 6 motion
[10:49.240 --> 10:58.480]  to dismiss failure state of claim. The judge dismissed the case with prejudice the same
[10:58.480 --> 11:11.480]  day I filed a non-suit. I filed an answer. I'm sorry, in their rule 12 motion to dismiss
[11:11.480 --> 11:17.240]  the other side claimed that they were not the lender. I'm sorry, they were not the credit
[11:17.240 --> 11:26.720]  for, and I said, Oh my, I must have made a mistake. You are not the creditor. Oh, I sued
[11:26.720 --> 11:36.000]  the wrong guy. So I had non-suited immediately. The reason I non-suited, even though I knew
[11:36.000 --> 11:42.120]  they were the creditor or they were the agent for the creditor, which makes them the same
[11:42.120 --> 11:50.680]  thing. Since they made the statement that they were not the creditor, I knew it was
[11:50.680 --> 11:57.880]  made an error. But if I gave them opportunity to correct the error, then I would have to
[11:57.880 --> 12:04.080]  fight them. But if I non-suited based on their statement that they're not the creditor, now
[12:04.080 --> 12:10.880]  they're subject to a doctrine, the doctrine of collateral estoppel. You can't come into
[12:10.880 --> 12:17.000]  the court and take one opinion at one position at one time, then come in at another and take
[12:17.000 --> 12:23.120]  an opposed position. So even if they were the creditor, once they told the court they
[12:23.120 --> 12:30.560]  weren't, and I didn't give them opportunity to fix it, that bell's been rung. So I non-suited
[12:30.560 --> 12:38.200]  the same day the judge issued a order dismissing the case with prejudice. I looked at that
[12:38.200 --> 12:45.200]  order and said, is that a fact, Jack? But we'll see how that works out for you. There's only
[12:45.200 --> 12:57.440]  one time you can sue a judge, that it is when he acts wholly without subject matter jurisdiction.
[12:57.440 --> 13:05.680]  And when you challenge jurisdiction, the court must prove jurisdiction and the judge didn't.
[13:05.680 --> 13:11.880]  So I as the master, it was my duty to give notice that the judge committed a crime. And
[13:11.880 --> 13:19.840]  I gave the notice to the clerk of the courts and I just got a letter back today with my
[13:19.840 --> 13:25.600]  complaint included telling me he had returned it to me because I need to take that to the
[13:25.600 --> 13:31.240]  U.S. attorney. Now, I told him at the time, this is exactly what they're going to tell
[13:31.240 --> 13:40.160]  you, but don't listen to them. They're lying to you. You need to give this to some magistrate
[13:40.160 --> 13:46.640]  because I filed it here for a presentation to a magistrate. Well, he didn't do that.
[13:46.640 --> 13:55.080]  So what's my remedy? Now, I don't know if he talked to a judge or not. I do know that
[13:55.080 --> 14:01.040]  he returned my complaint to me and did not give it to some magistrate as I ordered him
[14:01.040 --> 14:12.880]  to as was the stated purpose of presenting it to him. So the way I see it, he secreted
[14:12.880 --> 14:22.360]  a document from the person or office it was directed to in violation of 3710 Texas Penal
[14:22.360 --> 14:30.720]  Code. So I'll charge him with tampering with the government document in the state court
[14:30.720 --> 14:40.680]  and let him explain who told him to give that back to me. And then whoever told him to give
[14:40.680 --> 14:49.440]  that back to me, well, they gave him legal advice. That was not an act in the adjudication
[14:49.440 --> 14:56.660]  of a case. That was given legal advice. And when the judge gives legal advice, he's not
[14:56.660 --> 15:03.960]  a judge. He's the legal advisor and he don't have any immunity in that case. So then I
[15:03.960 --> 15:10.560]  get to go back and sue whoever told him to send that back to me. This is what we do if
[15:10.560 --> 15:16.200]  we are the masters. Has nothing to do with the adjudication of my case because I voluntarily
[15:16.200 --> 15:25.360]  dismissed it. We follow law. We make sure they follow law. Don't care that I didn't
[15:25.360 --> 15:31.640]  want to pursue the case. He had no power to dismiss. We start acting like the masters
[15:31.640 --> 15:38.320]  of the servants. Everything changes. They want to get all excited. You know, I'm going
[15:38.320 --> 15:43.800]  down there filing against a judge and I'll file against a clerk. I really like filing
[15:43.800 --> 15:51.240]  against a guy who's totally innocent. He's caught in the middle of this mess. That poor
[15:51.240 --> 15:59.160]  clerk, he's just doing what he's told and I'm coming after him criminally. You can't
[15:59.160 --> 16:06.200]  say he did not intend to deny me access to the court because he intended to send that
[16:06.200 --> 16:12.440]  back to me. So the necessary mens reis was there.
[16:12.440 --> 16:21.400]  Mens reis doesn't go to intent to commit a crime. It goes to the intent of the result
[16:21.400 --> 16:27.200]  of your action. And his intention was to send that back to me and not present it to the
[16:27.200 --> 16:34.240]  person it was directed to. So I get to hammer him and then let's see if those federal judges
[16:34.240 --> 16:43.400]  throw this guy under the bus or see if one of them steps up and takes responsibility
[16:43.400 --> 16:48.560]  for giving this guy bad advice. Hang on, Jeff, I see you there. I'll pick you up on the other
[16:48.560 --> 16:56.120]  side. Randy Kelton, Deborah Stevens, Rule of Law Radio. I call it number 512-646-1984.
[16:56.120 --> 17:05.000]  We'll be right back. Through advances in technology, our lives have greatly improved, except in
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[19:58.440 --> 20:09.040]  Okay, we are back. Randy Kelton, Debra Stevens, Rule of Law Radio, and we're going to Jeff
[20:09.040 --> 20:14.440]  in Mississippi. Jeff, how's it going down there in Hillbilly land?
[20:14.440 --> 20:18.440]  Hi, Randy. Thanks for having me on the show.
[20:18.440 --> 20:21.440]  Now, what state are you back in, Tennessee?
[20:21.440 --> 20:23.440]  I'm in Arkansas.
[20:23.440 --> 20:26.440]  Oh, are you living in Arkansas now?
[20:26.440 --> 20:31.440]  Oh, wait, this is, okay, you're in Arkansas and this is in Mississippi.
[20:31.440 --> 20:32.440]  Uh-huh.
[20:32.440 --> 20:33.440]  Oh, okay.
[20:33.440 --> 20:35.440]  I just did jail time in Mississippi.
[20:35.440 --> 20:36.440]  Yes.
[20:36.440 --> 20:39.440]  So that's why we call me Jeff from Mississippi.
[20:39.440 --> 20:40.440]  Okay.
[20:40.440 --> 20:52.440]  And I just received my fourth renewed motion to dismiss 12b6. I've now received about seven
[20:52.440 --> 20:57.440]  motions, a motion for summary judgment, two or three answers, and two or three renewed
[20:57.440 --> 21:03.440]  12b6s. And remember how I've been complaining for about a month or two that we're just playing
[21:03.440 --> 21:06.440]  tennis or ping pong. We're just going back and forth.
[21:06.440 --> 21:12.440]  Did the judge authorize this 12b6?
[21:12.440 --> 21:16.440]  I don't have anything where the judge is authorizing a 12b6, anything.
[21:16.440 --> 21:24.440]  Well, is there a conference? Did they confer with you over this 12b6?
[21:24.440 --> 21:28.440]  No. It's just the other attorney just keeps batting them back and forth.
[21:28.440 --> 21:31.440]  You need to read the local rules.
[21:31.440 --> 21:33.440]  Okay.
[21:33.440 --> 21:41.440]  Because generally you can't file a amended without permission. And in order to get permission,
[21:41.440 --> 21:47.440]  you have to certify a conference with the other side and show that you were unable to
[21:47.440 --> 21:50.440]  come to a resolution without filing the motion.
[21:50.440 --> 21:53.440]  And this is a motion for 12b6?
[21:53.440 --> 21:55.440]  Yeah. Look in the rules.
[21:55.440 --> 21:56.440]  Okay.
[21:56.440 --> 22:01.440]  It's right there in the beginning. I was going through the rules today.
[22:01.440 --> 22:09.440]  Okay. So my two questions for where I'm at right now is, well, let's say that I can go
[22:09.440 --> 22:13.440]  all the way back to the beginning. And right after I file my complaint,
[22:13.440 --> 22:20.440]  if I were to file my motion for discovery, interrogatories, requests for admissions,
[22:20.440 --> 22:24.440]  would that immediately shut the opposition down?
[22:24.440 --> 22:33.440]  No. You can't get to discovery until you get past a dispositive motion.
[22:33.440 --> 22:40.440]  Oh. Okay. So 12b6 first. But then if you go into discovery, will that shut them down
[22:40.440 --> 22:45.440]  for the other 12b6s and all the other garbage?
[22:45.440 --> 22:52.440]  No. You can't get to discovery until you get past the 12b6. You can't get over it.
[22:52.440 --> 22:53.440]  Okay.
[22:53.440 --> 23:00.440]  So go back and look at the 12b6. Did they bring up an issue in the 12b6 that you did
[23:00.440 --> 23:05.440]  not adequately address in your pleading?
[23:05.440 --> 23:11.440]  Oh, no. No. I've addressed this about six times. It's just a repeat of the same thing.
[23:11.440 --> 23:16.440]  They're just recopying them. And they're sending it to me.
[23:16.440 --> 23:24.440]  You should contact them, send them a letter or email asking them to withdraw the 12b6
[23:24.440 --> 23:33.440]  as the 12b6 was simply harassment and that if they failed to withdraw the 12b6,
[23:33.440 --> 23:37.440]  you would file a motion for sanctions.
[23:37.440 --> 23:38.440]  Okay.
[23:38.440 --> 23:43.440]  And then file a motion for sanctions with a certification of conference
[23:43.440 --> 23:48.440]  and inability to reach an agreement.
[23:48.440 --> 23:49.440]  Okay.
[23:49.440 --> 23:53.440]  Because there's no substantive difference in one or the other.
[23:53.440 --> 23:57.440]  Okay. So that answers my second question because I was going to ask you
[23:57.440 --> 24:00.440]  if I should do a motion to strike.
[24:00.440 --> 24:06.440]  But you went another direction with motion for sanctions.
[24:06.440 --> 24:14.440]  Because they're repeating these same 12b6 motions and there's no substantive
[24:14.440 --> 24:23.440]  difference and there's no evidence that they requested permission to file the amended.
[24:23.440 --> 24:24.440]  Okay.
[24:24.440 --> 24:34.440]  Okay. One thing, you don't have to answer anything but the first one.
[24:34.440 --> 24:39.440]  And it may be that every time you answer, they're using that as an excuse to file another one.
[24:39.440 --> 24:46.440]  But if there's no substantive difference, then you should definitely want sanctions.
[24:46.440 --> 24:49.440]  How many have they filed so far?
[24:49.440 --> 24:55.440]  Six. And the last one is so silly that it says that Jeffrey Hill, the plaintiff,
[24:55.440 --> 25:04.440]  is now ludicrous and he's imagining his allegations or a figment of his imagination.
[25:04.440 --> 25:08.440]  This lawyer is getting really angry, but he's using the same thing.
[25:08.440 --> 25:11.440]  He's saying immunity. We have immunity.
[25:11.440 --> 25:16.440]  And we've told Mr. Hill and then he cites Board of Regents versus Roth.
[25:16.440 --> 25:20.440]  But he's misciting it. And we've already gone through this about five times.
[25:20.440 --> 25:25.440]  If he's miscited the case, you should ask for sanctions for that.
[25:25.440 --> 25:29.440]  Well, I did. I moved for sanctions two weeks ago.
[25:29.440 --> 25:34.440]  Yeah, but did you do the conference and certify a conference?
[25:34.440 --> 25:39.440]  No. What I did was I went for sanctions and did not give him a 21-day notice.
[25:39.440 --> 25:44.440]  That's when Jeff Sedgwick got on the air and said that I was supposed to notice them.
[25:44.440 --> 25:52.440]  And sure enough, he comes back with an answer for my motion saying that you didn't give me the 21-day notice.
[25:52.440 --> 25:55.440]  So I lost that motion for sanctions.
[25:55.440 --> 25:57.440]  Okay. Okay. Let's do it again.
[25:57.440 --> 26:03.440]  He opened the door for you to hammer him again.
[26:03.440 --> 26:07.440]  Did you file a bar agreement along with that motion for sanctions?
[26:07.440 --> 26:08.440]  Okay.
[26:08.440 --> 26:12.440]  Oh, motion for sanctions.
[26:12.440 --> 26:18.440]  Motion for sanctions, he's going to have to notice his insurance carrier.
[26:18.440 --> 26:20.440]  Okay.
[26:20.440 --> 26:31.440]  And I was just reading a document on a lawyer's requirement to give notice to his insurance carrier.
[26:31.440 --> 26:35.440]  And motion for sanctions would definitely do it.
[26:35.440 --> 26:48.440]  Anything that would reasonably lead to a suit or a claim against the lawyer is required to be noticed to the insurance carrier.
[26:48.440 --> 26:49.440]  All right.
[26:49.440 --> 27:00.440]  So we need to look up all of the insurance carriers that provide malpractice insurance in Mississippi.
[27:00.440 --> 27:06.440]  File the motion for sanctions and CC it to every one of these carriers.
[27:06.440 --> 27:08.440]  Okay. Got it.
[27:08.440 --> 27:11.440]  He's going to know exactly what you're doing.
[27:11.440 --> 27:17.440]  And he's going to know that you know what his requirements are.
[27:17.440 --> 27:19.440]  Okay.
[27:19.440 --> 27:25.440]  And he can't claim slander or anything because it's a public document.
[27:25.440 --> 27:26.440]  Okay.
[27:26.440 --> 27:33.440]  So but first send him an email or a letter saying this motion is frivolous.
[27:33.440 --> 27:42.440]  It's merely a rehash of previous motions and it amounts to harassment and abusive process.
[27:42.440 --> 27:44.440]  Let me back up on abusive process.
[27:44.440 --> 27:53.440]  It amounts to harassment and ask him to withdraw this amended petition, this last amended pleading.
[27:53.440 --> 27:56.440]  And he will absolutely refuse.
[27:56.440 --> 28:12.440]  And now you can notice the court of the conference an inability to reach an agreement and therefore ask for sanctions.
[28:12.440 --> 28:13.440]  Okay.
[28:13.440 --> 28:15.440]  Last question.
[28:15.440 --> 28:27.440]  If when I notice him he just sent a motion for 12b6 and in the rules I can't remember which motions are which but it gives you 14 days.
[28:27.440 --> 28:35.440]  Can he get with the judge and then them come back and say that since I didn't answer the 12b6 in 14 days I lose my case even though I emailed him?
[28:35.440 --> 28:37.440]  Yes.
[28:37.440 --> 28:39.440]  So what do I do?
[28:39.440 --> 28:46.440]  Well I'm not okay that's what I have to has it been over 14 days since the last 12b6?
[28:46.440 --> 28:50.440]  No it's only been nine and I've been typing up a motion to strike today.
[28:50.440 --> 28:55.440]  Okay all of the other 12b6s are history.
[28:55.440 --> 28:58.440]  None of them make any difference.
[28:58.440 --> 29:05.440]  If you take the same answer if the motion is essentially the same just file the same answer.
[29:05.440 --> 29:07.440]  Oh okay.
[29:07.440 --> 29:16.440]  You don't have to rewrite it unless there's some difference in his just address that difference and refile it.
[29:16.440 --> 29:19.440]  Okay and then just stick with the motion for sanctions.
[29:19.440 --> 29:20.440]  Yes.
[29:20.440 --> 29:28.440]  And if he has incorrectly cited law that's one thing they'll actually get a lawyer sanctioned.
[29:28.440 --> 29:34.440]  And he's in the federal court and they're more likely to sanction him for that.
[29:34.440 --> 29:35.440]  Okay good.
[29:35.440 --> 29:40.440]  So note where he's misquoted the case law.
[29:40.440 --> 29:43.440]  That'll get the judge excited.
[29:43.440 --> 29:45.440]  Okay thank you.
[29:45.440 --> 29:48.440]  Okay is that it for you Jeff?
[29:48.440 --> 29:50.440]  That's it that's all.
[29:50.440 --> 29:51.440]  Okay thank you Jeff.
[29:51.440 --> 29:54.440]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[29:54.440 --> 29:59.440]  I'll call it number 512-X46-1984 and we'll be right back.
[29:59.440 --> 30:05.440]  Do you like people looking over your shoulder while you surf the net?
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[33:06.440 --> 33:11.440]  The Texas Transportation Code
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[33:41.440 --> 33:43.440]  Okay, we are back.
[33:43.440 --> 33:45.440]  Randy Kelton, Deborah Stevens, Rule of Law Radio,
[33:45.440 --> 33:48.440]  and we're going to Mark in Texas.
[33:48.440 --> 33:50.440]  Hello, Mark.
[33:50.440 --> 33:52.440]  Hey, Randy. Good evening.
[33:52.440 --> 33:54.440]  I haven't talked in a while.
[33:54.440 --> 33:56.440]  Nice to hear your voice.
[33:56.440 --> 33:58.440]  I listen to your show.
[33:58.440 --> 34:02.440]  And I just thought I'd ask you what I believe may be a simple question,
[34:02.440 --> 34:04.440]  but I'm just curious about this because it's in my head.
[34:04.440 --> 34:06.440]  I heard you guys talk.
[34:06.440 --> 34:08.440]  Wait a minute, Mark.
[34:08.440 --> 34:11.440]  Are you on a speakerphone?
[34:11.440 --> 34:12.440]  Man, let me get on to that.
[34:12.440 --> 34:14.440]  I'm sorry, I am.
[34:14.440 --> 34:16.440]  Hang on one sec.
[34:16.440 --> 34:19.440]  Are my ears good or what?
[34:19.440 --> 34:21.440]  Oh, man, they're good.
[34:21.440 --> 34:23.440]  I'm trying to fix this thing.
[34:23.440 --> 34:24.440]  Sorry about that.
[34:24.440 --> 34:25.440]  I didn't have it on there.
[34:25.440 --> 34:30.440]  Actually, a little birdie who hears better than me chirped in my ear.
[34:30.440 --> 34:33.440]  I noticed you were kind of breaking up on it, man.
[34:33.440 --> 34:35.440]  Yeah, can you hear me better now?
[34:35.440 --> 34:38.440]  Oh, that is much better.
[34:38.440 --> 34:39.440]  That's how we want it.
[34:39.440 --> 34:40.440]  Sorry.
[34:40.440 --> 34:42.440]  So, question.
[34:42.440 --> 34:46.440]  Rather simply, I have a case that was a crazy mess.
[34:46.440 --> 34:50.440]  And in this, well, it doesn't even matter when,
[34:50.440 --> 34:55.440]  but first the plaintiffs made a motion for summary judgment.
[34:55.440 --> 34:57.440]  There was no hearing set.
[34:57.440 --> 34:59.440]  The judge didn't hear it.
[34:59.440 --> 35:04.440]  I made motions to strike pleadings that I had made earlier and whatnot.
[35:04.440 --> 35:07.440]  And then I eventually made a motion for summary judgment
[35:07.440 --> 35:10.440]  because the case itself on the face value of the complaint
[35:10.440 --> 35:12.440]  was filed past statute of limitations.
[35:12.440 --> 35:18.440]  The judge signed my order after it had sat on his desk for 90 days.
[35:18.440 --> 35:19.440]  I didn't set a hearing.
[35:19.440 --> 35:22.440]  I asked him to go ahead and just rule because it was that sensitive.
[35:22.440 --> 35:23.440]  Okay.
[35:23.440 --> 35:24.440]  Hold on.
[35:24.440 --> 35:27.440]  I was just going back through the local rules for the northern district.
[35:27.440 --> 35:30.440]  You might check the local rules for the western.
[35:30.440 --> 35:35.440]  And it said that there will be no hearing on a motion
[35:35.440 --> 35:39.440]  unless the hearing is specifically requested.
[35:39.440 --> 35:44.440]  The judges prefer to rule on the pleadings.
[35:44.440 --> 35:47.440]  Fine by me.
[35:47.440 --> 35:54.440]  So if you're expecting a motion hearing, then that may be why you didn't get one.
[35:54.440 --> 35:55.440]  Oh, no, no.
[35:55.440 --> 35:57.440]  I apologize for being unclear.
[35:57.440 --> 35:59.440]  I wasn't expecting one.
[35:59.440 --> 36:01.440]  I specifically asked the judge to rule without it.
[36:01.440 --> 36:06.440]  And the judge did, although he kind of drugged along doing it.
[36:06.440 --> 36:11.440]  And there was never a response to my motion from the other side.
[36:11.440 --> 36:12.440]  I served them.
[36:12.440 --> 36:16.440]  I served them via certified mail and submitted that and proved that I had done it.
[36:16.440 --> 36:21.440]  The judge reopened my case once he had already decided in my favor
[36:21.440 --> 36:27.440]  based on some aggravated perjury on the part of the plaintiff's attorneys.
[36:27.440 --> 36:31.440]  And he did it in violation of the rules of civil procedure,
[36:31.440 --> 36:35.440]  which basically state there very clearly that you can't reopen the case
[36:35.440 --> 36:39.440]  unless the plaintiff has a valid prima facie cause of action.
[36:39.440 --> 36:42.440]  So anyway, it was reopened.
[36:42.440 --> 36:46.440]  It went on, played its course, and I ended up losing.
[36:46.440 --> 36:51.440]  And I'll go back and probably win because I have new case law now
[36:51.440 --> 36:56.440]  that I see that actually shows that the assignment of mortgage in this case
[36:56.440 --> 37:00.440]  by the dead man, as you referred to it when we've spoken about it before,
[37:00.440 --> 37:01.440]  is invalid.
[37:01.440 --> 37:06.440]  Anyway, the question, and maybe it's not the best question,
[37:06.440 --> 37:10.440]  but I was just going to ask you, if there had been a motion to dismiss
[37:10.440 --> 37:16.440]  made in December, in June I won and there had never been a hearing set
[37:16.440 --> 37:20.440]  and the judge had never ruled on that motion at all.
[37:20.440 --> 37:25.440]  And then later on I end up losing because of that motion.
[37:25.440 --> 37:29.440]  In a hearing with new attorneys for the plaintiff,
[37:29.440 --> 37:32.440]  is that something that's invalid?
[37:32.440 --> 37:34.440]  Is that impossible?
[37:34.440 --> 37:37.440]  Should they have made a new motion?
[37:37.440 --> 37:39.440]  I'm just curious about that.
[37:39.440 --> 37:41.440]  Okay.
[37:41.440 --> 37:47.440]  The judge, that is a good question.
[37:47.440 --> 37:52.440]  If he reinstated the case and reversed his order,
[37:52.440 --> 37:58.440]  I would think that the case was reinvigorated.
[37:58.440 --> 38:02.440]  And yes, the motion would still be before the court.
[38:02.440 --> 38:03.440]  Okay.
[38:03.440 --> 38:06.440]  So he didn't have to rule on it within any period of time
[38:06.440 --> 38:10.440]  based on typical procedure or rules.
[38:10.440 --> 38:13.440]  And he can go back and do it at their request,
[38:13.440 --> 38:15.440]  which is kind of what he did.
[38:15.440 --> 38:18.440]  Okay.
[38:18.440 --> 38:22.440]  Are you still in the appeals court over this?
[38:22.440 --> 38:23.440]  No, no.
[38:23.440 --> 38:25.440]  I never appealed.
[38:25.440 --> 38:27.440]  I found myself in an interesting position.
[38:27.440 --> 38:30.440]  I didn't quite see coming.
[38:30.440 --> 38:34.440]  I wasn't prepared, didn't really know what I was doing.
[38:34.440 --> 38:38.440]  And I didn't have an appellate attorney available.
[38:38.440 --> 38:41.440]  I couldn't find an attorney to handle the case one way or another.
[38:41.440 --> 38:44.440]  So I went ahead and did it myself.
[38:44.440 --> 38:46.440]  I figured I would end up winning.
[38:46.440 --> 38:50.440]  And all the time I had great advice from a wise man who would say,
[38:50.440 --> 38:52.440]  you're just basically setting the record for appeal.
[38:52.440 --> 38:56.440]  That's what you and Steve have told me many times and others on your show too.
[38:56.440 --> 38:58.440]  And that's probably true.
[38:58.440 --> 39:03.440]  If you're in a case and you're doing something at the initial level,
[39:03.440 --> 39:06.440]  it's probably a good idea for anybody to,
[39:06.440 --> 39:09.440]  if they're going to use an attorney to have money set aside
[39:09.440 --> 39:13.440]  and be ready to go to appeal whenever it's going to happen.
[39:13.440 --> 39:18.440]  Anyway, I spoke to an attorney that had basically said,
[39:18.440 --> 39:22.440]  since I had made on the day of that hearing, before it all happened,
[39:22.440 --> 39:26.440]  also thanks to the advice of a wise man, this would be you again,
[39:26.440 --> 39:33.440]  I had made a motion or basically put a challenge to subject matter
[39:33.440 --> 39:35.440]  jurisdiction before the court.
[39:35.440 --> 39:38.440]  The judge didn't really know much about what the heck that was.
[39:38.440 --> 39:42.440]  But I put that in front of the judge, didn't really rule on it.
[39:42.440 --> 39:46.440]  And as discussed previously in discussions with you,
[39:46.440 --> 39:51.440]  the plaintiffs never pled affirmatively subject matter jurisdiction.
[39:51.440 --> 39:53.440]  They just said, as far as I know,
[39:53.440 --> 39:56.440]  the court has jurisdiction over foreclosures and there we were.
[39:56.440 --> 40:01.440]  That'll be something fun to address potentially in the future too, I guess.
[40:01.440 --> 40:05.440]  But anyway, things are shaping up.
[40:05.440 --> 40:09.440]  I've got plenty of time and I can attack, avoid judgment at any time,
[40:09.440 --> 40:13.440]  and I can go back to the court according to the rules of civil procedure
[40:13.440 --> 40:19.440]  pretty much any time if I can show a fraud upon the court.
[40:19.440 --> 40:22.440]  And that's becoming much more possible.
[40:22.440 --> 40:31.440]  Are you familiar with a recent, let me see what the name of this document is.
[40:31.440 --> 40:39.440]  There was an unsealed Department of Justice document that confirms
[40:39.440 --> 40:43.440]  holders of securitized loans cannot be traced.
[40:43.440 --> 40:53.440]  Okay, in a filing unsealed on June 3rd, 2016, the Department of Justice confirms
[40:53.440 --> 40:55.440]  what many of us has known for years.
[40:55.440 --> 41:00.440]  Nobody, not even U.S. government with massive resources,
[41:00.440 --> 41:05.440]  can determine who owns your loan and has the right to collect on your mortgage.
[41:05.440 --> 41:11.440]  The information comes from files unsealed on June 3rd, 2016
[41:11.440 --> 41:16.440]  by Federal Judge Yvonne Gonzalez Rogers of the Northern District of California
[41:16.440 --> 41:21.440]  in the case of United States v. Discovery Sales, Inc.
[41:21.440 --> 41:27.440]  The case involves some 325 fraudulent loans originated by Discovery Sales, Inc.
[41:27.440 --> 41:33.440]  between 2006-2008, many of which were then sold to Wells Fargo Bank
[41:33.440 --> 41:36.440]  and J.P. Morgan Chase to securitize.
[41:36.440 --> 41:41.440]  The originating lenders who made loans to purchase DSI properties,
[41:41.440 --> 41:46.440]  including Wells Fargo and J.P. Morgan Chase, generally would not keep the mortgages
[41:46.440 --> 41:51.440]  and thus did not end up losing money as a result of the DSI fraud scheme.
[41:51.440 --> 41:56.440]  Instead, they would sell the mortgages to other banks who would package them
[41:56.440 --> 41:59.440]  in securities that were sold to other investors.
[41:59.440 --> 42:04.440]  These securities failed when the underlying mortgages went into default.
[42:04.440 --> 42:10.440]  It was impossible to trace the majority of the mortgage loans on over 300 homes
[42:10.440 --> 42:14.440]  sold by DSI that were the subject of the FBI investigations.
[42:14.440 --> 42:18.440]  It would have been harder yet to identify individual victims of the fraud
[42:18.440 --> 42:22.440]  given that the mortgages were securitized and traded.
[42:22.440 --> 42:31.440]  And it goes on to talk about how because of the nature of the securitization scheme itself,
[42:31.440 --> 42:36.440]  nobody can trace where these loans went to.
[42:36.440 --> 42:43.440]  We're getting more cases, especially in California, on this issue.
[42:43.440 --> 42:51.440]  We're getting federal cases ruling that the lender does have standing to challenge
[42:51.440 --> 42:54.440]  the assignments and the securitization process,
[42:54.440 --> 43:00.440]  the legal capacity of the claimant to enforce the loan.
[43:00.440 --> 43:06.440]  So since you have a subject matter jurisdiction in the court record
[43:06.440 --> 43:12.440]  that wasn't ruled on, that door is still open.
[43:12.440 --> 43:19.440]  So you can wait until the political winds are turning in our favor.
[43:19.440 --> 43:22.440]  So let a few more of these come down and then go back after them
[43:22.440 --> 43:24.440]  with a challenge subject matter jurisdiction.
[43:24.440 --> 43:26.440]  Hang on, about to go to break.
[43:26.440 --> 43:33.440]  Randy Kelton, Deborah Stevens, Rule of Law Radio, our call-in number is 512-646-1984.
[43:33.440 --> 43:36.440]  We're going to keep the phones open all night.
[43:36.440 --> 43:43.440]  Make sure you go to our Logos Radio Network and check out our sponsor page.
[43:43.440 --> 43:47.440]  You might find a link to the Andy Spear Fund.
[43:47.440 --> 43:51.440]  We can sure use some help to keep this network going.
[43:51.440 --> 44:02.440]  Hang on, we'll be right back.
[44:02.440 --> 44:06.440]  Hello, my name is Stuart Smith from NaturesPureOrganics.com
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[44:37.440 --> 44:43.440]  That's 512-264-4043, NaturesPureOrganics.com.
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[44:47.440 --> 45:01.440]  NaturesPureOrganics.com.
[45:01.440 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
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[46:02.440 --> 46:28.440]  Okay, we are back.
[46:28.440 --> 46:32.440]  Randy Kelton, Deborah Stevens, Rule of Law Radio and we're talking to Mark in Texas.
[46:32.440 --> 46:34.440]  Okay, go ahead Mark.
[46:34.440 --> 46:40.440]  Hey, all I really need to say here is I'm most honored for what you just mentioned
[46:40.440 --> 46:44.440]  because it's going to be very, very, very good for me.
[46:44.440 --> 46:49.440]  There's the Bressler case in New York I think that Judge Schack ruled on
[46:49.440 --> 46:52.440]  which basically notes that the original lender I have,
[46:52.440 --> 46:56.440]  a subprime lender out of business in 2008 was out of business.
[46:56.440 --> 47:02.440]  And then there was another case that I got from Jeff Sidrick I think it was.
[47:02.440 --> 47:08.440]  I had seen something in his materials which actually has a court taking judicial notice
[47:08.440 --> 47:11.440]  of the fact that they were out of business in 2008 per some site,
[47:11.440 --> 47:14.440]  couldn't have made an assignment.
[47:14.440 --> 47:17.440]  So there I am.
[47:17.440 --> 47:21.440]  I think that's going to end up making this quite fun.
[47:21.440 --> 47:23.440]  And then whenever I'm done with all that,
[47:23.440 --> 47:28.440]  I'd certainly love to sue the judge in federal court and the attorneys also
[47:28.440 --> 47:34.440]  for violating my rights to due process with respect to certain things
[47:34.440 --> 47:37.440]  that weren't ruled on and weren't allowed, et cetera.
[47:37.440 --> 47:40.440]  So we'll look forward to that.
[47:40.440 --> 47:46.440]  Okay, the thing about procedural due process,
[47:46.440 --> 47:51.440]  they're going to give the judge immunity if the ruling,
[47:51.440 --> 48:01.440]  if the procedural due process violation occurred in the process of the adjudicated case.
[48:01.440 --> 48:07.440]  It's real hard to get there with, to get to a judge with procedural due process.
[48:07.440 --> 48:12.440]  Now you can sue the federal government for procedural due process violations,
[48:12.440 --> 48:14.440]  but not the judge.
[48:14.440 --> 48:17.440]  When he acts without subject matter jurisdiction,
[48:17.440 --> 48:22.440]  that's the time he has no immunity.
[48:22.440 --> 48:23.440]  Okay.
[48:23.440 --> 48:25.440]  If you want to hammer the judge,
[48:25.440 --> 48:33.440]  only make a claim against the judge of acting totally without subject matter jurisdiction.
[48:33.440 --> 48:42.440]  In this case, if he issued the order, did 30 days elapse before he reinstated it?
[48:42.440 --> 48:46.440]  Before, I'm sorry, say that one more time or did 30 days elapse?
[48:46.440 --> 48:52.440]  30 days before he reinstated the case.
[48:52.440 --> 48:57.440]  Oh, that's an interesting question.
[48:57.440 --> 49:02.440]  In 30 days, he loses plenary jurisdiction.
[49:02.440 --> 49:03.440]  Okay.
[49:03.440 --> 49:10.440]  It was something where once the case was officially dismissed in my favor,
[49:10.440 --> 49:14.440]  more than 30 days transpired.
[49:14.440 --> 49:17.440]  Then upon a motion, they were still within a window.
[49:17.440 --> 49:20.440]  I think it was 45 or 60 per the rules of civil procedure,
[49:20.440 --> 49:22.440]  but they were right at the end of it.
[49:22.440 --> 49:25.440]  They made a motion to reopen the case.
[49:25.440 --> 49:30.440]  It was absolutely ridiculous, like much of what we see in this area,
[49:30.440 --> 49:34.440]  documents that aren't sworn to or anything.
[49:34.440 --> 49:41.440]  They had actually said the first date of acceleration may have been sometime in 2010.
[49:41.440 --> 49:45.440]  They didn't specifically state anything.
[49:45.440 --> 49:49.440]  It's in direct contradiction to their original pleadings, just an incidental.
[49:49.440 --> 49:53.440]  More or less, he ruled on their motion within two days.
[49:53.440 --> 49:57.440]  It's probably because according to a friend of mine, and I bet you might agree,
[49:57.440 --> 50:06.440]  he said no judge really wants to just give a case away based on an unopposed motion.
[50:06.440 --> 50:08.440]  He basically ruled on that within two days.
[50:08.440 --> 50:11.440]  I hadn't even had time to respond to the thing,
[50:11.440 --> 50:17.440]  and I figured there's maybe not much of a chance to do that here because I didn't know.
[50:17.440 --> 50:19.440]  But anyway, that was that.
[50:19.440 --> 50:23.440]  This is a good case to sue the judge personally.
[50:23.440 --> 50:25.440]  Yeah. Oh, yeah.
[50:25.440 --> 50:31.440]  Because he never had jurisdiction to start with, and sue him personally.
[50:31.440 --> 50:33.440]  Let him fight it. Let him argue it.
[50:33.440 --> 50:38.440]  These federal judges are not going to like being sued personally.
[50:38.440 --> 50:46.440]  And the securitization issue, these judges are invested in these securities.
[50:46.440 --> 50:54.440]  So they have a dog in the hunt, and so they're ruling for the banks out of hand.
[50:54.440 --> 50:56.440]  So let's make it hot for them.
[50:56.440 --> 50:58.440]  I got you.
[50:58.440 --> 51:03.440]  Again, the whole issue of securitization showing the case,
[51:03.440 --> 51:10.440]  the information's coming out that nobody can prove up agency standing near capacity,
[51:10.440 --> 51:12.440]  that goes right to subject matter jurisdiction.
[51:12.440 --> 51:15.440]  That goes right to the judge.
[51:15.440 --> 51:18.440]  We start holding the judge himself responsible.
[51:18.440 --> 51:22.440]  He's likely to change his tune.
[51:22.440 --> 51:23.440]  That is interesting.
[51:23.440 --> 51:25.440]  I think I'm going to think about what you're saying,
[51:25.440 --> 51:30.440]  I'm going to go read what you've got, and then I want to see if I can come up
[51:30.440 --> 51:34.440]  with the best way to lay the groundwork for the evolution of what's here
[51:34.440 --> 51:37.440]  so that it's good for everybody instead of, you know,
[51:37.440 --> 51:41.440]  good argument but not done well and bad case law.
[51:41.440 --> 51:44.440]  So, yeah.
[51:44.440 --> 51:49.440]  Oh, no subject matter jurisdiction ab initio.
[51:49.440 --> 51:52.440]  From the start, he never had it.
[51:52.440 --> 51:57.440]  And the case law says it doesn't matter if you challenged it or not.
[51:57.440 --> 52:03.440]  If he didn't have it from the start, it was his duty to bring it up himself.
[52:03.440 --> 52:05.440]  Yeah, do let me ask you this then.
[52:05.440 --> 52:07.440]  Just for clarity, and I believe I know the answer,
[52:07.440 --> 52:09.440]  but I want to hear from you and I know you'll know,
[52:09.440 --> 52:14.440]  face value of the pleading itself states that the first date of acceleration
[52:14.440 --> 52:20.440]  in a case filed in 2013 that says it was in 2007, they were wrong.
[52:20.440 --> 52:22.440]  They proved to the court that it was 2006.
[52:22.440 --> 52:28.440]  But anyway, if we are past the five-year statute of limitations,
[52:28.440 --> 52:33.440]  the case itself is clear on its face, filed past statute of limitations,
[52:33.440 --> 52:37.440]  and if they never came back and amended that original complaint,
[52:37.440 --> 52:41.440]  then that's it from the beginning.
[52:41.440 --> 52:43.440]  Is that safe to say?
[52:43.440 --> 52:49.440]  Yes, and since they stated in their original pleading, 2007,
[52:49.440 --> 52:52.440]  that's collateral estoppel.
[52:52.440 --> 52:57.440]  They can't come back later and plead a new date.
[52:57.440 --> 52:59.440]  Oh, I love it. I love it.
[52:59.440 --> 53:02.440]  Because everything I had read was ambiguous with respect to that.
[53:02.440 --> 53:05.440]  Like if the judge has reason to believe that,
[53:05.440 --> 53:10.440]  it gives the judge a little leeway in the rules of civil procedure, sort of.
[53:10.440 --> 53:12.440]  In other words, it seemed to say if the judge has reason to believe
[53:12.440 --> 53:15.440]  that something should be heard, well, the judge could reopen.
[53:15.440 --> 53:18.440]  That's what my idiot attorney friends say.
[53:18.440 --> 53:21.440]  If there is collateral estoppel,
[53:21.440 --> 53:27.440]  then this claim of 2010, the judge can't hear it
[53:27.440 --> 53:32.440]  because the other side's collateral has stopped from bringing it.
[53:32.440 --> 53:35.440]  And if I didn't bring that up in my response
[53:35.440 --> 53:37.440]  because I didn't have a chance to do it,
[53:37.440 --> 53:41.440]  that's just something to bring up in the next motion, I suppose.
[53:41.440 --> 53:42.440]  Make sense?
[53:42.440 --> 53:45.440]  In the suit against the judge.
[53:45.440 --> 53:51.440]  Yes. Yeah. Well, that'll be a federal suit here in Texas then.
[53:51.440 --> 53:56.440]  And this judge is in Arkansas and as a wise man, that would be you,
[53:56.440 --> 54:02.440]  had mentioned before he's going to have to hire a judge or an attorney himself.
[54:02.440 --> 54:04.440]  So will the attorneys on the other side.
[54:04.440 --> 54:08.440]  And I believe you had suggested that it can be done in a way
[54:08.440 --> 54:13.440]  such that the attorneys on the other side will conspire to protect the judge
[54:13.440 --> 54:16.440]  as they get together and then they come and they just make a deal
[54:16.440 --> 54:17.440]  or something like that.
[54:17.440 --> 54:20.440]  That's most likely what I would expect.
[54:20.440 --> 54:24.440]  When you start going for the federal judge because of what these lawyers did,
[54:24.440 --> 54:28.440]  that judge is not going to be a happy camper.
[54:28.440 --> 54:30.440]  Oh, he's not a federal judge.
[54:30.440 --> 54:33.440]  He's a district judge in the state of Arkansas.
[54:33.440 --> 54:37.440]  Oh, this is a state case. Oh, this is even better.
[54:37.440 --> 54:40.440]  It's a state case, so it's going to be a pain.
[54:40.440 --> 54:41.440]  And what's also interesting,
[54:41.440 --> 54:45.440]  I suppose I'm going to ask you if you think I should bring this up in the motion.
[54:45.440 --> 54:50.440]  He has previously had a writ of mandamus issued against
[54:50.440 --> 54:55.440]  or it's been found to go against him because he presumed that he had
[54:55.440 --> 54:58.440]  subject matter jurisdiction.
[54:58.440 --> 55:03.440]  He has a history. Absolutely it's relevant.
[55:03.440 --> 55:07.440]  Yeah, a criminal history as a judge or a history of negligence as a judge.
[55:07.440 --> 55:12.440]  I don't know what we call it.
[55:12.440 --> 55:13.440]  This is even better.
[55:13.440 --> 55:17.440]  He's a state judge and you're suing him in the federal court.
[55:17.440 --> 55:21.440]  Oh, this is rich.
[55:21.440 --> 55:29.440]  The federal courts are the ones that are primarily ruling that you can challenge
[55:29.440 --> 55:34.440]  the agency standing capacity of the movement.
[55:34.440 --> 55:41.440]  So this is going to look like clearly hack job to the fence.
[55:41.440 --> 55:43.440]  You probably got a good shot.
[55:43.440 --> 55:47.440]  You go for the judge personally. That'll be wonderful.
[55:47.440 --> 55:51.440]  Well, remember, everything's political.
[55:51.440 --> 55:59.440]  You may give these federal judges an opportunity to smack the Mississippi judges
[55:59.440 --> 56:05.440]  and bring them back in line with what's right.
[56:05.440 --> 56:10.440]  You know, the way I got all the highest judges in Texas in front of a grand jury
[56:10.440 --> 56:16.440]  was I just happened to hear that Ron Earl as he was retiring,
[56:16.440 --> 56:21.440]  they're all Republicans, he was a Democrat.
[56:21.440 --> 56:26.440]  Had nothing to do with law, had everything to do with politics.
[56:26.440 --> 56:31.440]  So you might look to see if there are any actions
[56:31.440 --> 56:36.440]  the feds have taken against the courts in Mississippi.
[56:36.440 --> 56:40.440]  See if you can find some politics.
[56:40.440 --> 56:43.440]  Well, this is Arkansas. You got me mixed up with a guy.
[56:43.440 --> 56:51.440]  I'm sorry. I got you mixed up with Jeff in Mississippi who actually lives in Arkansas
[56:51.440 --> 56:57.440]  and I'm talking to Mark in Texas whose case is actually in Arkansas. I'm confused.
[56:57.440 --> 56:59.440]  That's okay.
[56:59.440 --> 57:08.440]  Anyway, it's very interesting how this whole thing has unfolded and I'm digging in.
[57:08.440 --> 57:14.440]  I may have, I've been uncertain exactly as to what the best next step is.
[57:14.440 --> 57:19.440]  I have FDCPA suit. I could certainly go at it with quiet title,
[57:19.440 --> 57:25.440]  but I believe you had suggested that you want to probably do the quiet title first
[57:25.440 --> 57:30.440]  and people I talked to about FDCPA and other issues for going after the servicer
[57:30.440 --> 57:34.440]  had pretty much said that since the judges already made a decision
[57:34.440 --> 57:38.440]  they seem to be a little wary of trying to do anything with it.
[57:38.440 --> 57:40.440]  Of course, they may not know what they're doing.
[57:40.440 --> 57:43.440]  I may need to just figure out how to do it on my own.
[57:43.440 --> 57:48.440]  I'm saying go after the ruling itself by going after the subject managers
[57:48.440 --> 57:51.440]  to the court.
[57:51.440 --> 57:53.440]  Okay.
[57:53.440 --> 58:00.440]  They may want to come to the table and make the whole thing go away.
[58:00.440 --> 58:02.440]  That would be very nice. All right.
[58:02.440 --> 58:10.440]  Very good chance they will because they don't like it when guys come after judges
[58:10.440 --> 58:14.440]  and you're a pro se so they can't do anything to you.
[58:14.440 --> 58:21.440]  They can't even negotiate with you other than to make a deal to make it go away.
[58:21.440 --> 58:24.440]  So I think you're in a good position.
[58:24.440 --> 58:29.440]  Oh, you're saying that I should actually sue the judge first if I have a case, right?
[58:29.440 --> 58:31.440]  Absolutely.
[58:31.440 --> 58:34.440]  Hang on. We'll pick this up on the other side.
[58:34.440 --> 58:36.440]  Randy Kelton, Deborah Stevens at Rule of Our Radio.
[58:36.440 --> 58:40.440]  I call in number 512-6469-1984.
[58:40.440 --> 58:42.440]  Boards are open. Got no callers tonight,
[58:42.440 --> 58:45.440]  so if you've got a question or comment, give us a call.
[58:45.440 --> 58:50.440]  We'll be right back.
[58:50.440 --> 58:53.440]  The Bible remains the most popular book in the world,
[58:53.440 --> 58:58.440]  yet countless readers are frustrated because they struggle to understand it.
[58:58.440 --> 59:01.440]  Some new translations try to help by simplifying the text,
[59:01.440 --> 59:06.440]  but in the process can compromise the profound meaning of the Scripture.
[59:06.440 --> 59:09.440]  Enter the recovery version.
[59:09.440 --> 59:13.440]  First, this new translation is extremely faithful and accurate,
[59:13.440 --> 59:18.440]  but the real story is the more than 9,000 explanatory footnotes.
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[59:22.440 --> 59:28.440]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:28.440 --> 59:33.440]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.440 --> 59:38.440]  This comprehensive yet compact study Bible is yours just by calling us toll free
[59:38.440 --> 59:43.440]  at 1-888-551-0102
[59:43.440 --> 59:47.440]  or by ordering online at freestudybible.com.
[59:47.440 --> 59:50.440]  That's freestudybible.com.
[59:50.440 --> 59:55.440]  You're listening to the Logos Radio Network
[59:55.440 --> 01:00:00.440]  at logosradionetwork.com.
[01:00:00.440 --> 01:00:02.440]  The following use flash is brought to you by
[01:00:02.440 --> 01:00:04.440]  The Lone Star Lowdown
[01:00:04.440 --> 01:00:08.440]  providing the jelly bulletins for the commodities market.
[01:00:08.440 --> 01:00:11.440]  Today in history, news updates
[01:00:11.440 --> 01:00:20.440]  and the inside scoop into the tides of the alternative.
[01:00:20.440 --> 01:00:26.440]  Markets for the 8th of June 2016 are currently treading with gold at $1,262.18 an ounce,
[01:00:26.440 --> 01:00:31.440]  silver $17.03 an ounce, Texas crude $50.36 a barrel,
[01:00:31.440 --> 01:00:41.440]  and Bitcoin is still climbing at $581 U.S. currency.
[01:00:41.440 --> 01:00:44.440]  Today in history, the year 1789,
[01:00:44.440 --> 01:00:48.440]  James Madison introduced and proposed the Bill of Rights in the U.S. House of Representatives.
[01:00:48.440 --> 01:00:51.440]  It consisted of a series of 39 amendments.
[01:00:51.440 --> 01:00:54.440]  The final version wasn't ratified until December 15, 1791.
[01:00:54.440 --> 01:01:02.440]  The proposition of the Bill of Rights by James Madison, today in history.
[01:01:02.440 --> 01:01:05.440]  In recent news, Commander David Benham, spokesman for the Pacific Command,
[01:01:05.440 --> 01:01:09.440]  said that the U.S. Pacific Command has reviewed the details of the intercept
[01:01:09.440 --> 01:01:13.440]  of a U.S. reconnaissance aircraft on a routine patrol by two Chinese jets, J-10s,
[01:01:13.440 --> 01:01:17.440]  that occurred on J-7 in international airspace over the East China Sea.
[01:01:17.440 --> 01:01:23.440]  One of the intercepting Chinese jets had an unsafe excessive rate of closure on the RCI-35 aircraft.
[01:01:23.440 --> 01:01:27.440]  Initial assessments is that it seems to be a case of improper airmanship,
[01:01:27.440 --> 01:01:30.440]  as no other provocative or unsafe maneuvers occurred,
[01:01:30.440 --> 01:01:35.440]  and that the Pentagon is addressing the issue with China in appropriate diplomatic and military channels.
[01:01:35.440 --> 01:01:38.440]  Chinese Foreign Minister spokesman Hong Li told reporters in Beijing
[01:01:38.440 --> 01:01:41.440]  that the U.S. once again is deliberately hyping the issue.
[01:01:41.440 --> 01:01:46.440]  The relevant Chinese military personnel have always acted professionally and in accordance with the law,
[01:01:46.440 --> 01:01:50.440]  while repeating Chinese demands to close surveillance activity against China
[01:01:50.440 --> 01:01:52.440]  to prevent similar incidents from happening again.
[01:01:52.440 --> 01:01:58.440]  This latest incident is one of many close calls as of late between the People's Republic of China and the United States.
[01:01:58.440 --> 01:02:08.440]  A Montgomery County judge has sentenced Donald Middleton yesterday to life in prison.
[01:02:08.440 --> 01:02:12.440]  It seems a 56-year-old man was convicted of drunken driving nine times since 1980.
[01:02:12.440 --> 01:02:17.440]  The sentencing was after he pleaded guilty last week to driving drunk in May of 2015
[01:02:17.440 --> 01:02:21.440]  and caused a traffic accident where he apparently was arrested after allegedly fleeing on foot
[01:02:21.440 --> 01:02:25.440]  after the wreck and ran into a store and pleaded with clerks not to turn him in.
[01:02:25.440 --> 01:02:33.440]  He has already served four prison terms for alcohol-related convictions.
[01:02:33.440 --> 01:02:37.440]  Hillary Clinton is now the certain Democratic nominee after her win of key states last night,
[01:02:37.440 --> 01:02:43.440]  in particular California, where out of the 475 delegates up for grabs, she raked in 269 of them.
[01:02:43.440 --> 01:02:48.440]  As of now, the numbers stand at 2,203 delegates for Hillary and 1,828 for Sanders.
[01:02:48.440 --> 01:02:52.440]  However, the difference with superdelegates was more substantial with Hillary now having 574
[01:02:52.440 --> 01:02:55.440]  and Bernie only a measly 48.
[01:02:55.440 --> 01:03:23.440]  This is Rick Brody with the Lowdown for June 8, 2016.
[01:03:25.440 --> 01:03:50.440]  Okay, we are back.
[01:03:50.440 --> 01:03:57.440]  Randy Kelton, we are talking to Mark in Texas.
[01:03:57.440 --> 01:03:59.440]  I have a question.
[01:03:59.440 --> 01:04:01.440]  You have an adjudication against you.
[01:04:01.440 --> 01:04:07.440]  You just mentioned these lawyers don't want to fly in the face of Rez Judicata.
[01:04:07.440 --> 01:04:11.440]  So go after the adjudication.
[01:04:11.440 --> 01:04:18.440]  Sue the lawyers, sue the judge, and have they sold the property yet?
[01:04:18.440 --> 01:04:22.440]  Yeah, they sold it, and then it's been sold again to some investors.
[01:04:22.440 --> 01:04:24.440]  My property.
[01:04:24.440 --> 01:04:28.440]  Okay.
[01:04:28.440 --> 01:04:34.440]  The subject matter jurisdiction thing, you can file it.
[01:04:34.440 --> 01:04:40.440]  You might want to sue the investors, but if the investors purchased it after a court ruling,
[01:04:40.440 --> 01:04:44.440]  you don't really have a claim against them.
[01:04:44.440 --> 01:04:45.440]  I don't have anything for them.
[01:04:45.440 --> 01:04:47.440]  I wouldn't sue them anyway.
[01:04:47.440 --> 01:04:53.440]  Oh, yeah, let them fix up the property because you might get it back.
[01:04:53.440 --> 01:04:55.440]  You know, that would be a shame and be very unfair.
[01:04:55.440 --> 01:04:59.440]  Maybe the court would award them the cost of their investment,
[01:04:59.440 --> 01:05:03.440]  and it would just award me the property, right?
[01:05:03.440 --> 01:05:09.440]  Or more likely, they would award you the value of the property.
[01:05:09.440 --> 01:05:13.440]  That would be nice because the value of the property when they bought it,
[01:05:13.440 --> 01:05:21.440]  they bought it for $51,000 when the servicer actually bought it for $60,000.
[01:05:21.440 --> 01:05:25.440]  And then if it was fixed up, it's worth $150,000.
[01:05:25.440 --> 01:05:27.440]  So that would be kind of an interesting thing.
[01:05:27.440 --> 01:05:32.440]  So you can probably, if you sue the judge and them,
[01:05:32.440 --> 01:05:38.440]  good chance they'll make you a deal to get the judge off their back
[01:05:38.440 --> 01:05:44.440]  because if the judge gets hammered for ruling in their favor,
[01:05:44.440 --> 01:05:49.440]  they can expect he's not going to do that again.
[01:05:49.440 --> 01:05:52.440]  So good chance they'll come to the table.
[01:05:52.440 --> 01:05:55.440]  It's all about the politics.
[01:05:55.440 --> 01:05:58.440]  Yeah, what's surprising to me about the way this would work,
[01:05:58.440 --> 01:06:04.440]  that seems fine in interpersonal conflict resolution.
[01:06:04.440 --> 01:06:07.440]  If somebody, if someone's done something that they shouldn't have done,
[01:06:07.440 --> 01:06:12.440]  then you try to hold them accountable rather than go into some forum
[01:06:12.440 --> 01:06:16.440]  and doing, I don't know if I can create a metaphor, but let's just say this.
[01:06:16.440 --> 01:06:22.440]  What seems surprising is if it makes sense to sue the judge
[01:06:22.440 --> 01:06:26.440]  and the lawyers on the other side now,
[01:06:26.440 --> 01:06:32.440]  which be suing the judge for not respecting the rules of civil procedure
[01:06:32.440 --> 01:06:36.440]  and basically ruling in a case without subject matter jurisdiction
[01:06:36.440 --> 01:06:40.440]  where the complaint itself is void ab initio
[01:06:40.440 --> 01:06:42.440]  because it's filed past statute of limitations,
[01:06:42.440 --> 01:06:47.440]  and then once the judge had already adjudicated the matter in my favor,
[01:06:47.440 --> 01:06:54.440]  the judge reopens the case when yet again there is not a prima facie valid cause of action
[01:06:54.440 --> 01:07:01.440]  and there's nothing but ambiguity and basically aggravated perjury coming from the lawyers.
[01:07:01.440 --> 01:07:03.440]  So they're involved for that reason.
[01:07:03.440 --> 01:07:06.440]  I'm sorry, I'm going about this in a long way.
[01:07:06.440 --> 01:07:11.440]  Just thinking what's on here is that if I were to sue them in federal court
[01:07:11.440 --> 01:07:14.440]  and a deal ends up getting made,
[01:07:14.440 --> 01:07:19.440]  then the judge can go back on his own in his professional capacity as a judge
[01:07:19.440 --> 01:07:23.440]  and just change this and make this right without me ever making a motion.
[01:07:23.440 --> 01:07:27.440]  No, he don't have to do anything.
[01:07:27.440 --> 01:07:36.440]  If you settle and they pay you enough money, then you just drop your case and everything's over.
[01:07:36.440 --> 01:07:39.440]  Oh, I see what you're saying.
[01:07:39.440 --> 01:07:43.440]  The judge doesn't have to admit anything.
[01:07:43.440 --> 01:07:45.440]  Right, I see what you're saying.
[01:07:45.440 --> 01:07:50.440]  If I go and go about it the other way and then do this later,
[01:07:50.440 --> 01:07:55.440]  then it doesn't have the same potency that it does now.
[01:07:55.440 --> 01:07:58.440]  I see.
[01:07:58.440 --> 01:08:02.440]  Once you go after the judge, then you've got other things you can do
[01:08:02.440 --> 01:08:08.440]  because you undermine, you're no longer shackled with res judicata,
[01:08:08.440 --> 01:08:14.440]  the adjudications called into question.
[01:08:14.440 --> 01:08:17.440]  I just woke up in some way.
[01:08:17.440 --> 01:08:20.440]  Maybe I needed a kick there, but I'm seeing this now.
[01:08:20.440 --> 01:08:26.440]  More or less, they're going to have a lot of incentives in terms of his professional life
[01:08:26.440 --> 01:08:36.440]  and his career to not have any kind of judgment ruled on that basically finds him negligent.
[01:08:36.440 --> 01:08:40.440]  Especially since he's been hammered once.
[01:08:40.440 --> 01:08:41.440]  That's right.
[01:08:41.440 --> 01:08:44.440]  That needs to be in my complaint.
[01:08:44.440 --> 01:08:51.440]  You absolutely need to go into records and get the case against him
[01:08:51.440 --> 01:08:54.440]  that got him hammered the first time.
[01:08:54.440 --> 01:08:57.440]  I talked to the guys who won it and they didn't want to mess with my case.
[01:08:57.440 --> 01:09:02.440]  It's really amazing when people don't know even a little bit about something,
[01:09:02.440 --> 01:09:05.440]  at least among attorneys, they're scared to death.
[01:09:05.440 --> 01:09:11.440]  As you've said many times, they're afraid of these judges.
[01:09:11.440 --> 01:09:14.440]  Wow, that seems smart.
[01:09:14.440 --> 01:09:16.440]  I've been sitting on my hands wondering what to do.
[01:09:16.440 --> 01:09:18.440]  I've been thinking I don't have to do anything.
[01:09:18.440 --> 01:09:21.440]  I don't have any deadline, but I need to be thinking about this
[01:09:21.440 --> 01:09:23.440]  and learning everything I can.
[01:09:23.440 --> 01:09:26.440]  Whenever I heard about Ivanova, I was going crazy thinking,
[01:09:26.440 --> 01:09:27.440]  this is perfect.
[01:09:27.440 --> 01:09:29.440]  This is exactly what my case looks like.
[01:09:29.440 --> 01:09:31.440]  This assignment is void, not voidable.
[01:09:31.440 --> 01:09:38.440]  No one needs to make any kind of investigation into it.
[01:09:38.440 --> 01:09:42.440]  Even in an assignment, you're on statute of limitations.
[01:09:42.440 --> 01:09:46.440]  The original pleading was void when it was filed.
[01:09:46.440 --> 01:09:49.440]  It can't be unvoided.
[01:09:49.440 --> 01:09:51.440]  Yeah.
[01:09:51.440 --> 01:09:54.440]  A void pleading is void.
[01:09:54.440 --> 01:09:55.440]  You can't fix it.
[01:09:55.440 --> 01:10:00.440]  You have to dismiss that or non-suit that and refile.
[01:10:00.440 --> 01:10:04.440]  They can't get past the original void pleading.
[01:10:04.440 --> 01:10:10.440]  You just opened my eyes a little bit here, too.
[01:10:10.440 --> 01:10:12.440]  I mentioned this to you, but you don't remember it.
[01:10:12.440 --> 01:10:20.440]  But I'll tell you, after I won, they made an effort to non-suit it.
[01:10:20.440 --> 01:10:24.440]  And according to the rules of civil procedure, that can be done.
[01:10:24.440 --> 01:10:26.440]  This you'll find interesting.
[01:10:26.440 --> 01:10:29.440]  And I need to put this in my complaint also.
[01:10:29.440 --> 01:10:32.440]  According to the rules of civil procedure, that can be done.
[01:10:32.440 --> 01:10:35.440]  But if done, it has to be done with prejudice.
[01:10:35.440 --> 01:10:42.440]  And I wrote a letter to the judge, and I copied the plaintiff's attorneys on that.
[01:10:42.440 --> 01:10:46.440]  And the judge had originally granted their non-suit.
[01:10:46.440 --> 01:10:48.440]  He just signed it.
[01:10:48.440 --> 01:10:54.440]  And then this whole thing just went away when I wrote that letter.
[01:10:54.440 --> 01:10:56.440]  Wait, hold on.
[01:10:56.440 --> 01:10:58.440]  He signed the non-suit?
[01:10:58.440 --> 01:11:00.440]  He signed the non-suit, yeah.
[01:11:00.440 --> 01:11:02.440]  He didn't care what the rules said, I guess.
[01:11:02.440 --> 01:11:03.440]  Okay.
[01:11:03.440 --> 01:11:06.440]  Then they kept going?
[01:11:06.440 --> 01:11:12.440]  He signed the non-suit, and I brought to the judge's attention that they cannot non-suit it.
[01:11:12.440 --> 01:11:16.440]  I might have done something stupid potentially.
[01:11:16.440 --> 01:11:19.440]  I remember telling a friend of mine who was a lawyer.
[01:11:19.440 --> 01:11:20.440]  Wait a minute.
[01:11:20.440 --> 01:11:26.440]  Did the judge ever reverse his order?
[01:11:26.440 --> 01:11:31.440]  The judge reversed his order after...
[01:11:31.440 --> 01:11:32.440]  That is interesting.
[01:11:32.440 --> 01:11:34.440]  I think...
[01:11:34.440 --> 01:11:38.440]  Yes, this is what happened.
[01:11:38.440 --> 01:11:46.440]  The judge signed my order for summary judgment based on the fact that it was filed past statute of limitations.
[01:11:46.440 --> 01:11:53.440]  Shortly after, and within two days of receiving it, the judge signed the motion to reopen.
[01:11:53.440 --> 01:11:58.440]  Then the judge signed a motion to non-suit or a non-suit.
[01:11:58.440 --> 01:12:00.440]  I don't think that'd be done by motion.
[01:12:00.440 --> 01:12:01.440]  You could do it any time.
[01:12:01.440 --> 01:12:05.440]  So the judge signed that, and...
[01:12:05.440 --> 01:12:06.440]  No, no, no.
[01:12:06.440 --> 01:12:08.440]  Randy, I'm sorry.
[01:12:08.440 --> 01:12:14.440]  I'm misspeaking here because I wouldn't, if it had been reopened and then non-suited,
[01:12:14.440 --> 01:12:17.440]  I don't know that I would have argued a damn thing then.
[01:12:17.440 --> 01:12:23.440]  The non-suit came before the motion to reopen.
[01:12:23.440 --> 01:12:25.440]  That's what happened.
[01:12:25.440 --> 01:12:32.440]  These people on the other side are the lowest bidder for pretender lenders, and they're not paying attention.
[01:12:32.440 --> 01:12:35.440]  They're not used to having to deal with anybody who dukes it out with them.
[01:12:35.440 --> 01:12:36.440]  That's a given.
[01:12:36.440 --> 01:12:43.440]  What happened was they made a motion to non-suit after I had already had the judge sign my motion.
[01:12:43.440 --> 01:12:47.440]  And I looked at the turn of events.
[01:12:47.440 --> 01:12:54.440]  I remember thinking, perhaps they were going to try to tell the judge or the court that I never served them,
[01:12:54.440 --> 01:12:56.440]  so they didn't know about it.
[01:12:56.440 --> 01:13:00.440]  I think that was their idea, that make this motion to non-suit.
[01:13:00.440 --> 01:13:03.440]  Probably not because they thought, we need to amend our complaint.
[01:13:03.440 --> 01:13:08.440]  But anyway, I looked at the rules of civil procedure, not knowing what was going on.
[01:13:08.440 --> 01:13:12.440]  I just wrote a letter to the judge and said, it says very clearly that this can be done,
[01:13:12.440 --> 01:13:14.440]  but it can only be done.
[01:13:14.440 --> 01:13:15.440]  Hold on, hold on.
[01:13:15.440 --> 01:13:17.440]  We're not getting the detail down.
[01:13:17.440 --> 01:13:21.440]  You filed a motion for summary judgment.
[01:13:21.440 --> 01:13:23.440]  I filed a motion for summary judgment.
[01:13:23.440 --> 01:13:26.440]  The judge signed your motion for summary judgment.
[01:13:26.440 --> 01:13:28.440]  Yes, the judge signed my motion.
[01:13:28.440 --> 01:13:31.440]  They filed a non-suit.
[01:13:31.440 --> 01:13:37.440]  They filed a non-suit after the judge signed my motion.
[01:13:37.440 --> 01:13:41.440]  How long after?
[01:13:41.440 --> 01:13:47.440]  According to the rules of civil procedure, I didn't see that they were in violation of anything.
[01:13:47.440 --> 01:13:49.440]  That's where I'm getting at.
[01:13:49.440 --> 01:13:56.440]  They were still within their time to move for a reconsideration or file an appeal,
[01:13:56.440 --> 01:14:00.440]  so there was no final order in the case.
[01:14:00.440 --> 01:14:01.440]  Yes.
[01:14:01.440 --> 01:14:03.440]  So they non-suited.
[01:14:03.440 --> 01:14:06.440]  The judge signed the non-suit.
[01:14:06.440 --> 01:14:08.440]  He did.
[01:14:08.440 --> 01:14:13.440]  Did he rescind the non-suit?
[01:14:13.440 --> 01:14:17.440]  He did because I basically brought it to him.
[01:14:17.440 --> 01:14:18.440]  No, no, no.
[01:14:18.440 --> 01:14:19.440]  Wait a minute.
[01:14:19.440 --> 01:14:28.440]  Did he write an order and file the order in the court record reversing his granting of the non-suit?
[01:14:28.440 --> 01:14:31.440]  No, he did not.
[01:14:31.440 --> 01:14:36.440]  Then the non-suit stands.
[01:14:36.440 --> 01:14:37.440]  Really?
[01:14:37.440 --> 01:14:42.440]  If it's in the record, the case stopped there,
[01:14:42.440 --> 01:14:49.440]  and the non-suit had to be with prejudice by your own reading of the law,
[01:14:49.440 --> 01:14:53.440]  the way the judge can have standing to reopen.
[01:14:53.440 --> 01:14:55.440]  I've got to go look at this again now.
[01:14:55.440 --> 01:15:08.440]  I don't think that the judge ever signed any kind of an order.
[01:15:08.440 --> 01:15:09.440]  Oh, no, no.
[01:15:09.440 --> 01:15:10.440]  Forgive me.
[01:15:10.440 --> 01:15:12.440]  I think maybe he did.
[01:15:12.440 --> 01:15:21.440]  He undid his own non-suit order because I had written a letter.
[01:15:21.440 --> 01:15:24.440]  My letter is not in the record.
[01:15:24.440 --> 01:15:31.440]  Make sure he signed an order reversing his previous order.
[01:15:31.440 --> 01:15:32.440]  Okay.
[01:15:32.440 --> 01:15:35.440]  If he didn't, yeah, that was a mistake.
[01:15:35.440 --> 01:15:40.440]  Because if he didn't, then it's over.
[01:15:40.440 --> 01:15:41.440]  Okay.
[01:15:41.440 --> 01:15:43.440]  You know what I'm going to be doing.
[01:15:43.440 --> 01:15:47.440]  I'm going to be going and looking at this, and I'll be calling you tomorrow and I'll tell you about it.
[01:15:47.440 --> 01:15:48.440]  Okay.
[01:15:48.440 --> 01:15:53.440]  And he had to be within the 30-day plenary jurisdiction.
[01:15:53.440 --> 01:15:54.440]  Okay.
[01:15:54.440 --> 01:16:03.440]  So if he signed his order, in other words, if he non-suited it within 30 days, then...
[01:16:03.440 --> 01:16:04.440]  No, no.
[01:16:04.440 --> 01:16:15.440]  If he signed the order granting the non-suit, after 30 days, he loses plenary jurisdiction.
[01:16:15.440 --> 01:16:16.440]  Okay.
[01:16:16.440 --> 01:16:20.440]  And plenary jurisdiction, what does plenary mean?
[01:16:20.440 --> 01:16:22.440]  It means it's over.
[01:16:22.440 --> 01:16:25.440]  He can't have jurisdiction in the case anymore.
[01:16:25.440 --> 01:16:28.440]  He can't go back to it.
[01:16:28.440 --> 01:16:29.440]  Ah.
[01:16:29.440 --> 01:16:33.440]  If non-suit after 30 days, then I've got him.
[01:16:33.440 --> 01:16:34.440]  Okay.
[01:16:34.440 --> 01:16:36.440]  Man, thank you.
[01:16:36.440 --> 01:16:37.440]  Thank you.
[01:16:37.440 --> 01:16:38.440]  Okay.
[01:16:38.440 --> 01:16:39.440]  God bless.
[01:16:39.440 --> 01:16:42.440]  Keep us up to date on how this goes.
[01:16:42.440 --> 01:16:43.440]  Okay.
[01:16:43.440 --> 01:16:48.440]  Are you done, Mark?
[01:16:48.440 --> 01:16:49.440]  I guess he is.
[01:16:49.440 --> 01:16:50.440]  Okay.
[01:16:50.440 --> 01:16:53.440]  Randy Kelton, Debra Stevens, The Rule of Law Radio.
[01:16:53.440 --> 01:16:56.440]  I call in number 512-646-1984.
[01:16:56.440 --> 01:17:00.440]  We'll be right back.
[01:17:00.440 --> 01:17:05.440]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:19:10.440 --> 01:19:28.440]  Okay.
[01:19:28.440 --> 01:19:29.440]  We are back.
[01:19:29.440 --> 01:19:30.440]  Randy Kelton, Debussy.
[01:19:30.440 --> 01:19:31.440]  Evens from Rule of Law Radio.
[01:19:31.440 --> 01:19:35.440]  And we're talking to Charles and going to Charles in Georgia.
[01:19:35.440 --> 01:19:37.440]  Hello, Charles.
[01:19:37.440 --> 01:19:39.440]  How's it going today, Randy?
[01:19:39.440 --> 01:19:40.440]  It's going good.
[01:19:40.440 --> 01:19:43.440]  Can you move the mic a little away from your mouth?
[01:19:43.440 --> 01:19:47.440]  You're kind of distorting a bit.
[01:19:47.440 --> 01:19:48.440]  Sorry about that.
[01:19:48.440 --> 01:19:50.440]  Is this any better?
[01:19:50.440 --> 01:19:52.440]  Much better.
[01:19:52.440 --> 01:19:53.440]  Excellent.
[01:19:53.440 --> 01:19:55.440]  Excellent.
[01:19:55.440 --> 01:20:01.440]  This is a call, a continuation of a call a couple of weeks ago.
[01:20:01.440 --> 01:20:06.440]  And I wanted to ask you, well, first let me tell my story.
[01:20:06.440 --> 01:20:15.440]  Here in Smyrna, Georgia, I was taken to jail for driving without a license, when in fact I do have a license.
[01:20:15.440 --> 01:20:20.440]  I have a Michigan license.
[01:20:20.440 --> 01:20:27.440]  And I am trying to sue the officer or the municipality, whichever one.
[01:20:27.440 --> 01:20:30.440]  And I'm trying to sue them in federal court.
[01:20:30.440 --> 01:20:44.440]  I contacted a pretty good federal lawyer and I told him what happened and I explained to him in detail what happened.
[01:20:44.440 --> 01:20:48.440]  And I asked him, can he help me or can he represent me?
[01:20:48.440 --> 01:20:51.440]  And he gave me two scenarios.
[01:20:51.440 --> 01:20:54.440]  Well, he gave me two statements.
[01:20:54.440 --> 01:21:12.440]  The first statement was, if I want to sue this municipality or the officer, I have six months to give the city notice that I am going to sue them.
[01:21:12.440 --> 01:21:25.440]  The second thing is it depends on what happens in the trial court or in the municipal court on the viability of my federal lawsuit.
[01:21:25.440 --> 01:21:30.440]  So I contacted you a couple of weeks ago and I asked you this question.
[01:21:30.440 --> 01:21:40.440]  Does it matter that I give them notice that I am going to sue them in federal court?
[01:21:40.440 --> 01:21:48.440]  I don't think so because that requirement of notice is a state requirement.
[01:21:48.440 --> 01:21:56.440]  And lawyers don't know you as much as they want you to think they do.
[01:21:56.440 --> 01:22:02.440]  That's a state requirement and you're not suing them in the state.
[01:22:02.440 --> 01:22:08.440]  So my suggestion to you is sue them anyway.
[01:22:08.440 --> 01:22:11.440]  Let them raise the issue.
[01:22:11.440 --> 01:22:22.440]  If you sue them for the false imprisonment and the adjudication of the case, has the case been fully adjudicated?
[01:22:22.440 --> 01:22:26.440]  We haven't started yet.
[01:22:26.440 --> 01:22:31.440]  Oh, you're still subject to the charge?
[01:22:31.440 --> 01:22:32.440]  Yes.
[01:22:32.440 --> 01:22:40.440]  The clock hasn't started yet.
[01:22:40.440 --> 01:22:46.440]  Everything they do to you is a continuation of the harm.
[01:22:46.440 --> 01:22:55.440]  You know, okay, say I come by your house and knock your window out.
[01:22:55.440 --> 01:23:01.440]  And then I come back next week and you put it back and I come back and knock it out again.
[01:23:01.440 --> 01:23:07.440]  And I do that for two years.
[01:23:07.440 --> 01:23:18.440]  Do you have to give me give notice of the first time I knocked your window out or the last time?
[01:23:18.440 --> 01:23:20.440]  The harm for you is ongoing.
[01:23:20.440 --> 01:23:24.440]  The clock hasn't started yet.
[01:23:24.440 --> 01:23:28.440]  You're being subject to malicious prosecution.
[01:23:28.440 --> 01:23:31.440]  And that is ongoing. That clock hasn't started.
[01:23:31.440 --> 01:23:37.440]  And my suggestion to you is set them up.
[01:23:37.440 --> 01:23:43.440]  Give them every opportunity to screw up that you can.
[01:23:43.440 --> 01:24:07.440]  File a motion to dismiss for lack of subject matter jurisdiction as you are a licensed driver in the state of Michigan and the state of Georgia has no authority over the licensing of a Michigan resident.
[01:24:07.440 --> 01:24:14.440]  Lay down all of the facts and law that they need to address and let them ignore that.
[01:24:14.440 --> 01:24:24.440]  Now, if they rule in your favor, as soon as they rule in your favor, you give them notice of false imprisonment.
[01:24:24.440 --> 01:24:26.440]  Then malicious prosecution.
[01:24:26.440 --> 01:24:30.440]  It starts when they stop the malicious prosecution.
[01:24:30.440 --> 01:24:32.440]  That's when your clock starts.
[01:24:32.440 --> 01:24:42.440]  Starts not when they first put you in jail because you're still being restricted at your liberty.
[01:24:42.440 --> 01:24:43.440]  Right.
[01:24:43.440 --> 01:24:50.440]  So don't worry about that clock. It hasn't even started yet.
[01:24:50.440 --> 01:24:53.440]  Okay. Okay.
[01:24:53.440 --> 01:24:54.440]  Yeah, that was very important.
[01:24:54.440 --> 01:25:16.440]  I needed to know that because whether I'm going to represent myself here or I'm going to have this guy help me, this very seasoned 42 lawyer here, I needed to know that I'm not going to miss any deadlines and I don't want to be dead in the water here when it's time for me to do this.
[01:25:16.440 --> 01:25:24.440]  And of course, I don't want to give them notice that I'm going to sue them before any.
[01:25:24.440 --> 01:25:28.440]  If you do something and it causes me harm.
[01:25:28.440 --> 01:25:35.440]  Okay, they had a police, the city had a police officer that did something that caused you harm.
[01:25:35.440 --> 01:25:39.440]  The mayor don't know the city council doesn't know.
[01:25:39.440 --> 01:25:49.440]  So the courts say don't use us as a remedy of last year of first resort use us as a remedy of last resort.
[01:25:49.440 --> 01:26:00.440]  You owe it to the party who's injuring you to give them notice that you are injured and opportunity to cure.
[01:26:00.440 --> 01:26:10.440]  If you listen to the pro to the leader for movement, you probably heard a lot about notice and opportunity.
[01:26:10.440 --> 01:26:13.440]  You owe them notice and opportunity.
[01:26:13.440 --> 01:26:26.440]  And, you know, the court wants you to use them as the remedy of last resort. The only remedy you have to explore is notice and opportunity.
[01:26:26.440 --> 01:26:31.440]  And that's what the letter means when it says make me only be cured.
[01:26:31.440 --> 01:26:34.440]  That's the opportunity.
[01:26:34.440 --> 01:26:42.440]  So, yeah, you have to give them notice. It's only fair.
[01:26:42.440 --> 01:26:45.440]  But but it is a standard thing.
[01:26:45.440 --> 01:26:47.440]  They get this all the time.
[01:26:47.440 --> 01:26:51.440]  And they just toss it.
[01:26:51.440 --> 01:27:00.440]  They don't pay any attention to it because 99 percent of the people never do anything.
[01:27:00.440 --> 01:27:08.440]  So you can send them notice anytime you want to notice of ongoing malicious prosecution.
[01:27:08.440 --> 01:27:14.440]  Order them to cease and desist and pay you all this money because you've been harmed by them and they'll just keep doing it.
[01:27:14.440 --> 01:27:21.440]  And then when the case is finally adjudicated, immediately send them another notice.
[01:27:21.440 --> 01:27:26.440]  Even if they ruin your favor, it makes no difference.
[01:27:26.440 --> 01:27:35.440]  Then give them another 60 days and then drop your suit in the federal court.
[01:27:35.440 --> 01:27:46.440]  See, that's because what I was worried about was these clowns were going to, you know, press even harder to rule against me to make me have to go and appeal something.
[01:27:46.440 --> 01:27:49.440]  OK. Now, wait a minute. Wait a minute.
[01:27:49.440 --> 01:27:53.440]  Let's let's think about this.
[01:27:53.440 --> 01:28:06.440]  You got this city here who uses their traffic right in ability to generate revenue.
[01:28:06.440 --> 01:28:12.440]  Do you really think they care if you hurt their feelings?
[01:28:12.440 --> 01:28:20.440]  Do you really think that if they do something you consider to be wrong and you come back and bang them for it,
[01:28:20.440 --> 01:28:25.440]  they're going to want to do more to you that you're going to think is wrong?
[01:28:25.440 --> 01:28:28.440]  No, no, no, no, no, no, no, no.
[01:28:28.440 --> 01:28:35.440]  They're not going to move harder to prosecute you any harder than they would anyway.
[01:28:35.440 --> 01:28:42.440]  In the city I live in, I'm about 10 miles from Decatur, Texas.
[01:28:42.440 --> 01:28:46.440]  They wrote me a ticket because my place were expired.
[01:28:46.440 --> 01:28:53.440]  And I went down to the court like I was supposed to and I told the clerk, I said, this dirty rotten copper.
[01:28:53.440 --> 01:28:55.440]  He wrote me a ticket.
[01:28:55.440 --> 01:28:57.440]  He did? Yes, he did.
[01:28:57.440 --> 01:29:01.440]  Well, what did he take it for? He said my place were expired.
[01:29:01.440 --> 01:29:03.440]  She said, well, were they?
[01:29:03.440 --> 01:29:05.440]  I said, yeah.
[01:29:05.440 --> 01:29:12.440]  Well, how long have they been expired? Only six months.
[01:29:12.440 --> 01:29:15.440]  Well, did you did you get him renewed?
[01:29:15.440 --> 01:29:16.440]  No.
[01:29:16.440 --> 01:29:17.440]  No?
[01:29:17.440 --> 01:29:24.440]  Well, you know if you get him renewed in this space.
[01:29:24.440 --> 01:29:28.440]  No.
[01:29:28.440 --> 01:29:47.440]  Oh, Randy, Randy, Randy.
[01:29:47.440 --> 01:30:05.440]  Remember Madonna's hit song, Express Yourself?
[01:30:05.440 --> 01:30:10.440]  Well, the Material Girls anthem turns out to be very good advice for couples.
[01:30:10.440 --> 01:30:14.440]  I'm Dr. Catherine Albrecht and I'll be back to tell you why in just a moment.
[01:30:14.440 --> 01:30:16.440]  Privacy is under attack.
[01:30:16.440 --> 01:30:19.440]  When you give up data about yourself, you'll never get it back again.
[01:30:19.440 --> 01:30:24.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:24.440 --> 01:30:29.440]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:29.440 --> 01:30:32.440]  Privacy, it's worth hanging on to.
[01:30:32.440 --> 01:30:39.440]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing.
[01:30:39.440 --> 01:30:43.440]  Start over with StartPage.
[01:30:43.440 --> 01:30:49.440]  Comedian Phyllis Diller might have been on to something when she joked, never go to bed mad, stay up and fight.
[01:30:49.440 --> 01:30:56.440]  Researchers at the University of Michigan studied marital conflict in 197 couples over 17 years.
[01:30:56.440 --> 01:31:06.440]  Couples where both partners suppressed their anger over unfair attacks were twice as likely to die earlier than couples where at least one partner expressed their anger.
[01:31:06.440 --> 01:31:14.440]  Professor Ernest Tarbert, the lead author of the study, says couples should identify healthy ways to handle their conflicts and work them through to resolution.
[01:31:14.440 --> 01:31:22.440]  He warns that couples who bury their anger, brood on it and resent their partners, are setting themselves up for trouble and shorter lives.
[01:31:22.440 --> 01:31:30.440]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.440 --> 01:31:35.440]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.440 --> 01:31:42.440]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.440 --> 01:31:45.440]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.440 --> 01:31:48.440]  Thousands of my fellow first responders are dying.
[01:31:48.440 --> 01:31:49.440]  I'm not a conspiracy theorist.
[01:31:49.440 --> 01:31:50.440]  I'm a structural engineer.
[01:31:50.440 --> 01:31:52.440]  I'm a New York City correction officer.
[01:31:52.440 --> 01:31:53.440]  I'm an Air Force pilot.
[01:31:53.440 --> 01:31:54.440]  I'm a father who lost his son.
[01:31:54.440 --> 01:31:57.440]  We're Americans and we deserve the truth.
[01:31:57.440 --> 01:32:00.440]  Go to RememberBuilding7.org today.
[01:32:00.440 --> 01:32:05.440]  Hey, it's Danny here for Hill Country Home Improvements. Did your home receive hail or wind damage from the recent storms?
[01:32:05.440 --> 01:32:10.440]  Come on, we all know the government caused it with their chemtrails, but good luck getting them to pay for it.
[01:32:10.440 --> 01:32:14.440]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.440 --> 01:32:20.440]  That's why you have insurance and Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
[01:32:20.440 --> 01:32:26.440]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with zero complaints.
[01:32:26.440 --> 01:32:31.440]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:31.440 --> 01:32:37.440]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:37.440 --> 01:32:44.440]  Mention the crypto show and get $100 off and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:44.440 --> 01:32:49.440]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:49.440 --> 01:32:58.440]  That's 512-992-8745 or hillcountryhomeimprovements.com. Discounts are based on full roof replacement.
[01:32:58.440 --> 01:33:01.440]  May not actually be kidding about chemtrails.
[01:33:01.440 --> 01:33:11.440]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:11.440 --> 01:33:19.440]  Yeah, who you want to chip in? Who you take me for? Free Tony? Who you want to chip in? I'm not free Tony. You can't chip me.
[01:33:19.440 --> 01:33:25.440]  All I'm saying is don't let them chip you in the morning, chip you in the evening, put a chip in your body.
[01:33:25.440 --> 01:33:30.440]  And then when you go computer reading, you can't hide me from nobody.
[01:33:30.440 --> 01:33:40.440]  When you say chip in your mom, chip in your daddy, chip in your grandpa and the granny, chip in me, chip in your baby, chip in your family, whole family.
[01:33:40.440 --> 01:33:46.440]  Chip in your dog and they kept the wrong way. Chip in the beef and you still go EP. Chip in the piece.
[01:33:46.440 --> 01:33:53.440]  Okay, we are back. Randy Kelton, Deborah Stevens, Rue of Our Radio. We had a little technical glitch there at the end.
[01:33:53.440 --> 01:33:57.440]  Sorry about that, Charles. We're going back to Charles from Georgia.
[01:33:57.440 --> 01:34:02.440]  And what happened was is they gave me this ticket.
[01:34:02.440 --> 01:34:12.440]  And when I went down there and talked to them, I didn't respond right. And it told them something else is going on here.
[01:34:12.440 --> 01:34:19.440]  And I filed a challenge subject matter jurisdiction and a couple of information requests for the police department.
[01:34:19.440 --> 01:34:28.440]  And the chief of police knew me personally and he called me and I could hear him doing the chicken dance over the phone
[01:34:28.440 --> 01:34:32.440]  because he couldn't respond to my information request.
[01:34:32.440 --> 01:34:38.440]  And then I was supposed to come back for a pretrial hearing and I screwed up the days and got there.
[01:34:38.440 --> 01:34:44.440]  I thought it was the next day and I missed the nine o'clock time I was supposed to be there.
[01:34:44.440 --> 01:34:54.440]  And that dirty rotten prosecutor, what he did was he dismissed my case.
[01:34:54.440 --> 01:34:59.440]  I was annoyed because I was planning on a good fight with these guys.
[01:34:59.440 --> 01:35:05.440]  When they know you're serious, they don't want to start a fight with you.
[01:35:05.440 --> 01:35:12.440]  If they know you're serious about coming after them, they don't want to increase the harm.
[01:35:12.440 --> 01:35:18.440]  In saying that, a reasonable person of ordinary prudence wouldn't.
[01:35:18.440 --> 01:35:31.440]  You know, sometimes we get municipalities that one side doesn't know what the other side's doing and sometimes they act stupid.
[01:35:31.440 --> 01:35:37.440]  But as far as them coming after you, what can they do?
[01:35:37.440 --> 01:35:43.440]  I mean, any more than they would do anyway.
[01:35:43.440 --> 01:35:46.440]  Based on what that prosecutor wrote back to me.
[01:35:46.440 --> 01:35:51.440]  I mean, not the prosecutor, based on what this lawyer wrote back to me.
[01:35:51.440 --> 01:36:03.440]  He said that my case in the federal court would be the viability of me winning would be based on what happens in the trial court.
[01:36:03.440 --> 01:36:04.440]  No, it won't.
[01:36:04.440 --> 01:36:06.440]  In this municipality.
[01:36:06.440 --> 01:36:23.440]  If you go in and sue the trial court for being fraudulent or acting fraudulently, the fact that they fraudulently charge you and then fraudulently convict you is not going to change anything.
[01:36:23.440 --> 01:36:39.440]  If you claim the whole procedure was fraud and contrived to be fraudulent, the fact that you got a wrongful conviction is not going to deny you in due process.
[01:36:39.440 --> 01:36:44.440]  So I don't know what this lawyer's thinking.
[01:36:44.440 --> 01:36:58.440]  If you get railroaded and they do everything wrong, do you lose your opportunity to challenge the wrongness of it because they convicted you wrongfully?
[01:36:58.440 --> 01:37:00.440]  I don't think so.
[01:37:00.440 --> 01:37:03.440]  I wouldn't worry about it.
[01:37:03.440 --> 01:37:07.440]  I don't know what this lawyer's...
[01:37:07.440 --> 01:37:14.440]  I don't know. Lawyers don't like to take cases unless they're pretty well absolutely sure they can win.
[01:37:14.440 --> 01:37:26.440]  Even then, you have to understand that the practice of law is a business and they're in business to make money.
[01:37:26.440 --> 01:37:38.440]  What the lawyers primarily do is when you first come in, they give you this huff and puff and rah, rah, rah, you can do all these things.
[01:37:38.440 --> 01:37:43.440]  And the primary reason they do that is they want to get your retainer.
[01:37:43.440 --> 01:37:58.440]  Once they've got your retainer, now they'll run through a set of standard motions and use up your retainer. Once your retainer is used up, then all of a sudden everything changes.
[01:37:58.440 --> 01:38:05.440]  Well, we got this problem, we got that problem, now we're going to need a really big retainer.
[01:38:05.440 --> 01:38:10.440]  And they ask you for a big retainer because they don't want to go any further.
[01:38:10.440 --> 01:38:14.440]  They got a standard set of motions that they tend to file.
[01:38:14.440 --> 01:38:24.440]  Both sides file a set of motions back and forth so they turn out the case for the client so that each lawyer can extract his money out of the client.
[01:38:24.440 --> 01:38:28.440]  And when they get the retainer used up, then they want to dismiss the case.
[01:38:28.440 --> 01:38:36.440]  One of the lawyers is going to throw the other one under the bus and you can be sure you're the one that will get thrown under the bus.
[01:38:36.440 --> 01:38:45.440]  That may not be right, but that's how it works in the world, in the real world you and I live in.
[01:38:45.440 --> 01:38:48.440]  Lawyers, you're in business to make money.
[01:38:48.440 --> 01:38:56.440]  Business works in the interest of business, and I understand that wholeheartedly.
[01:38:56.440 --> 01:39:11.440]  And that's why I listen to your program because you seem to know how to play the business or you call it the politics of the justice program that they got going down there.
[01:39:11.440 --> 01:39:14.440]  Yes, it's all politics.
[01:39:14.440 --> 01:39:20.440]  You will never win your case simply because you have the law and the facts on your side.
[01:39:20.440 --> 01:39:22.440]  It's all politics.
[01:39:22.440 --> 01:39:33.440]  And when you sue the mayor because of what a police officer did, what do you think the mayor is going to do to the chief?
[01:39:33.440 --> 01:39:37.440]  The mayor is not going to talk to this police officer.
[01:39:37.440 --> 01:39:39.440]  The mayor hired the chief of police.
[01:39:39.440 --> 01:39:42.440]  That's the one he talks to.
[01:39:42.440 --> 01:39:47.440]  And he is not going to be a happy camper.
[01:39:47.440 --> 01:39:54.440]  So the best way to get this problem fixed is to send a tort letter to the mayor.
[01:39:54.440 --> 01:39:59.440]  And then let the mayor run down to the chief and say, what is going on?
[01:39:59.440 --> 01:40:07.440]  After I talked to these people in the clerk's office, first thing they did was went to the mayor.
[01:40:07.440 --> 01:40:10.440]  And the mayor called the chief of police, said, you know this guy?
[01:40:10.440 --> 01:40:14.440]  And he said, yes, I do.
[01:40:14.440 --> 01:40:17.440]  He said, you don't want him in your court.
[01:40:17.440 --> 01:40:28.440]  And so he told the prosecutor, the judge to have the prosecutor dismiss my case because they want to have this fight.
[01:40:28.440 --> 01:40:29.440]  But you got to do it right.
[01:40:29.440 --> 01:40:33.440]  You got to know what you're doing and set them up.
[01:40:33.440 --> 01:40:40.440]  So I'm going to suggest you start hitting them with some information requests.
[01:40:40.440 --> 01:40:48.440]  What would the prosecution have to prove?
[01:40:48.440 --> 01:41:02.440]  He has to prove that, first, that he had that I'm a resident here in this city, in this state.
[01:41:02.440 --> 01:41:13.440]  Secondly, they have to prove that the officer had probable cause for the arrest.
[01:41:13.440 --> 01:41:16.440]  Then they have to prove.
[01:41:16.440 --> 01:41:17.440]  Wait a minute.
[01:41:17.440 --> 01:41:26.440]  What constitutes being a resident?
[01:41:26.440 --> 01:41:29.440]  You know, I looked up the statute that they charged me with,
[01:41:29.440 --> 01:41:36.440]  and everybody has a misconception that, hey, if you're here in the state of Georgia for more than 30 days, you are a resident.
[01:41:36.440 --> 01:41:40.440]  That's absolutely without a doubt a false fallacy.
[01:41:40.440 --> 01:41:52.440]  What the statute says here is within 30 days of becoming a resident, you must go down and get a Georgia driver's license.
[01:41:52.440 --> 01:41:54.440]  That's what it says.
[01:41:54.440 --> 01:41:56.440]  That's what I was charged with.
[01:41:56.440 --> 01:42:00.440]  That's the ticket that he gave me.
[01:42:00.440 --> 01:42:01.440]  Okay.
[01:42:01.440 --> 01:42:07.440]  Do you play chess?
[01:42:07.440 --> 01:42:09.440]  I don't.
[01:42:09.440 --> 01:42:12.440]  You need to learn chess.
[01:42:12.440 --> 01:42:21.440]  Chess is different than checkers in that chess is about pressure, influence.
[01:42:21.440 --> 01:42:29.440]  You've got the weakest character on the board, the weakest piece is one of the strongest pieces,
[01:42:29.440 --> 01:42:36.440]  because I sit down here with someone, and they get the first move, and they move this pawn out.
[01:42:36.440 --> 01:42:44.440]  And I look at the pawn they moved, and I ask myself, why did he move that pawn to that place?
[01:42:44.440 --> 01:42:48.440]  What is he going to develop behind it?
[01:42:48.440 --> 01:42:54.440]  So I try to estimate or guess which opening he's using.
[01:42:54.440 --> 01:42:57.440]  There are a set of standard openings.
[01:42:57.440 --> 01:42:59.440]  And generally, that's not too difficult.
[01:42:59.440 --> 01:43:07.440]  About the first two or three moves, about four moves in, you'll develop an opening,
[01:43:07.440 --> 01:43:12.440]  and then they'll start varying from the basic opening.
[01:43:12.440 --> 01:43:20.440]  And every move the person makes, you look at that and say, okay, what's he setting up?
[01:43:20.440 --> 01:43:21.440]  What's he going to do to me?
[01:43:21.440 --> 01:43:29.440]  What's he expect me to do in return that he intends to be ready for?
[01:43:29.440 --> 01:43:30.440]  That's how you do this game.
[01:43:30.440 --> 01:43:44.440]  So you asked, you put in a discovery for evidence of residency in the possession of the prosecution.
[01:43:44.440 --> 01:43:47.440]  And he's going to say, huh?
[01:43:47.440 --> 01:43:52.440]  You know what resident, you know that, hang on, pick this up on the other side, Randy Coutt,
[01:43:52.440 --> 01:43:59.440]  we'll be right back.
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[01:46:01.440 --> 01:46:19.440]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio,
[01:46:19.440 --> 01:46:23.440]  and we're talking to Charles in Georgia. Charles, I need to move quickly.
[01:46:23.440 --> 01:46:28.440]  We were on the last segment, but you have them kind of flat footed.
[01:46:28.440 --> 01:46:37.440]  They presumed residency and then they presumed that you were a resident for over 30 days.
[01:46:37.440 --> 01:46:42.440]  So they can't get to the 30 days until they can get to residency.
[01:46:42.440 --> 01:46:46.440]  So look up and see what constitutes residency.
[01:46:46.440 --> 01:46:53.440]  And then ask them for that specific information.
[01:46:53.440 --> 01:46:58.440]  And they're going to look at it and say, why is he asking for this?
[01:46:58.440 --> 01:47:04.440]  And most likely the prosecutor will go look at it and say, holy crap.
[01:47:04.440 --> 01:47:09.440]  So he's going to sting us because he knows what we missed.
[01:47:09.440 --> 01:47:18.440]  And then you're likely, if you do it that way, the prosecutor has room to dismiss
[01:47:18.440 --> 01:47:22.440]  without losing face.
[01:47:22.440 --> 01:47:29.440]  I guess it doesn't matter whether the officer had,
[01:47:29.440 --> 01:47:36.440]  if I follow his motion for discovery on what the officer's evidence was
[01:47:36.440 --> 01:47:39.440]  that I was a resident or was not a resident.
[01:47:39.440 --> 01:47:41.440]  No, don't ask for the officer's.
[01:47:41.440 --> 01:47:49.440]  Ask the prosecution for any evidence that it has of your residency.
[01:47:49.440 --> 01:47:53.440]  Okay. And ask for that discovery.
[01:47:53.440 --> 01:48:01.440]  I can't see how a police officer pulling you over can have evidence of residency
[01:48:01.440 --> 01:48:05.440]  unless he personally knows you.
[01:48:05.440 --> 01:48:06.440]  No.
[01:48:06.440 --> 01:48:11.440]  He sold you his house or his wife's a real estate agent who sold you your house
[01:48:11.440 --> 01:48:14.440]  or rented you an apartment or something.
[01:48:14.440 --> 01:48:18.440]  Otherwise he has no way of knowing you're a resident.
[01:48:18.440 --> 01:48:23.440]  As opposed to a frequent traveler.
[01:48:23.440 --> 01:48:26.440]  Okay. Let's call back in tomorrow night.
[01:48:26.440 --> 01:48:34.440]  I'd like to address this in a little more detail because this is kind of fun.
[01:48:34.440 --> 01:48:36.440]  This is a good place to really learn the law,
[01:48:36.440 --> 01:48:42.440]  learn how to fight them and not have much at risk.
[01:48:42.440 --> 01:48:43.440]  Yeah.
[01:48:43.440 --> 01:48:45.440]  Okay. Call back tomorrow night.
[01:48:45.440 --> 01:48:51.440]  We've only got time for one more caller and I have a first-time caller I want to get to.
[01:48:51.440 --> 01:48:53.440]  Okay. Thank you, Charles.
[01:48:53.440 --> 01:48:55.440]  Okay. Kenny, I'm sorry.
[01:48:55.440 --> 01:48:57.440]  I'm going to jump over you.
[01:48:57.440 --> 01:48:59.440]  We've got a first-time caller and we make it a practice
[01:48:59.440 --> 01:49:01.440]  of taking first-time callers first.
[01:49:01.440 --> 01:49:05.440]  Will you call back in tomorrow night and I'll take you at the top of the list.
[01:49:05.440 --> 01:49:08.440]  Okay. We're going to Steve in Illinois.
[01:49:08.440 --> 01:49:10.440]  Hello, Steve.
[01:49:10.440 --> 01:49:12.440]  Hey, Randy. How are you?
[01:49:12.440 --> 01:49:13.440]  I'm good.
[01:49:13.440 --> 01:49:17.440]  Good. What do you have for us today?
[01:49:17.440 --> 01:49:22.440]  Well, I was just calling because I remembered hearing Michael Mares on a couple years back
[01:49:22.440 --> 01:49:26.440]  or a few years back and I've been studying a little bit here and there.
[01:49:26.440 --> 01:49:33.440]  But I wanted to get to the crux of the conversation with regard to when somebody,
[01:49:33.440 --> 01:49:43.440]  when a third-party debt collection attorney or firm or actor is trying to pull you into court
[01:49:43.440 --> 01:49:49.440]  with the summons, the crux of that case, does it actually come down to a blue ink contract
[01:49:49.440 --> 01:49:55.440]  that you have or, I mean, are there other things at play?
[01:49:55.440 --> 01:50:06.440]  It always comes down to a blue ink contract or the regional contract and they can never produce it.
[01:50:06.440 --> 01:50:12.440]  You understand that everything they do is wrong.
[01:50:12.440 --> 01:50:18.440]  They know that everything they do is wrong, but they don't care.
[01:50:18.440 --> 01:50:24.440]  Every once in a while, somebody comes along and points out that everything they're doing is wrong
[01:50:24.440 --> 01:50:26.440]  and the court stings them.
[01:50:26.440 --> 01:50:28.440]  Well, the price of doing business.
[01:50:28.440 --> 01:50:32.440]  They make so much money doing it wrong and ignoring the law,
[01:50:32.440 --> 01:50:37.440]  but the few times they get stung, the price of doing business.
[01:50:37.440 --> 01:50:46.440]  So you need to go on to Logos Radio Network and find the blue banner with Mike Mares.
[01:50:46.440 --> 01:50:51.440]  Mike Mares will show you how to get those guys to forgive your debt
[01:50:51.440 --> 01:50:56.440]  and pay you to go away and quit beating them up.
[01:50:56.440 --> 01:50:58.440]  Right on.
[01:50:58.440 --> 01:51:05.440]  What he will do is he will show you how to be their cost of doing business.
[01:51:05.440 --> 01:51:07.440]  Yeah, that guy has a character.
[01:51:07.440 --> 01:51:10.440]  Is he coming back on any time soon?
[01:51:10.440 --> 01:51:11.440]  I don't know.
[01:51:11.440 --> 01:51:18.440]  Last I heard, he was in China, so maybe he's got too much sushi in him.
[01:51:18.440 --> 01:51:26.440]  If you haven't got the Mike Mares chorus, it's worth it to get it.
[01:51:26.440 --> 01:51:30.440]  We had a guy, Mark, in Wisconsin.
[01:51:30.440 --> 01:51:32.440]  He was in Madison.
[01:51:32.440 --> 01:51:40.440]  One credit card, they forgave the debt and paid him $6,000 to go away and leave him alone.
[01:51:40.440 --> 01:51:44.440]  The other, they forgave the debt and paid him $3,000 to go away and leave him alone,
[01:51:44.440 --> 01:51:51.440]  and he was complaining he didn't have any more credit cards.
[01:51:51.440 --> 01:51:52.440]  That's great.
[01:51:52.440 --> 01:51:57.440]  Yeah, I worked for a couple of credit restoration small little firms before,
[01:51:57.440 --> 01:52:05.440]  and one guy that I worked for, he mentioned that he was at a meeting or a dinner
[01:52:05.440 --> 01:52:11.440]  with the vice president of FICO, and he told him personally from the horse's mouth
[01:52:11.440 --> 01:52:19.440]  basically that another big reason that they can't really enforce this sort of thing
[01:52:19.440 --> 01:52:24.440]  is because the credit bureaus are private entities, private shareholders,
[01:52:24.440 --> 01:52:29.440]  publishing personal and private information publicly,
[01:52:29.440 --> 01:52:36.440]  and that's another big reason that there's a gray area, I guess,
[01:52:36.440 --> 01:52:41.440]  because you have a contract but it's not enforceable.
[01:52:41.440 --> 01:52:45.440]  Yeah, and they know they can't enforce it if somebody fights them,
[01:52:45.440 --> 01:52:50.440]  but 99% of the people don't know they can fight them.
[01:52:50.440 --> 01:52:57.440]  They send you a demand letter, just bar-grieve them.
[01:52:57.440 --> 01:53:02.440]  That'll jerk a knot in their hiney, because now they've got to notice
[01:53:02.440 --> 01:53:07.440]  their insurance company and their malpractice insurance will double.
[01:53:07.440 --> 01:53:11.440]  Right. Is that nationwide?
[01:53:11.440 --> 01:53:13.440]  Yes, that's nationwide.
[01:53:13.440 --> 01:53:19.440]  There are eight major underwriters, and all of those eight major underwriters
[01:53:19.440 --> 01:53:22.440]  are all underwritten by Lloyds of London,
[01:53:22.440 --> 01:53:27.440]  and Lloyds of London has the same requirements of most everything else.
[01:53:27.440 --> 01:53:32.440]  Let's say you buy a new car and you go down to your insurance, you go down to Walmart,
[01:53:32.440 --> 01:53:35.440]  you go in, you come out, somebody's bashed a fender in.
[01:53:35.440 --> 01:53:39.440]  The insurance is going to come out and fix it, and you're going to increase your rates.
[01:53:39.440 --> 01:53:44.440]  You go down there next month, somebody backs into a fender again,
[01:53:44.440 --> 01:53:47.440]  they come out and fix it, they cancel.
[01:53:47.440 --> 01:53:51.440]  Your fault, their fault, nobody's fault, they don't care.
[01:53:51.440 --> 01:53:54.440]  You are a bad risk.
[01:53:54.440 --> 01:53:57.440]  Malpractice insurance is even worse.
[01:53:57.440 --> 01:54:01.440]  One bar grievance your first year of practice, they cancel.
[01:54:01.440 --> 01:54:03.440]  Two bar grievances any one year of practice,
[01:54:03.440 --> 01:54:06.440]  if you've been practicing for 20 years, they cancel.
[01:54:06.440 --> 01:54:10.440]  Three, they cancel your law firm's malpractice insurance.
[01:54:10.440 --> 01:54:16.440]  It is tough out there, and malpractice starts at like 25 grand a year.
[01:54:16.440 --> 01:54:20.440]  So, you guys want to fight?
[01:54:20.440 --> 01:54:25.440]  I'll introduce you to the deep end of the pool.
[01:54:25.440 --> 01:54:34.440]  My purpose in this show is to create the pro se from hell all over the country.
[01:54:34.440 --> 01:54:37.440]  That is one of the first things that I heard you say,
[01:54:37.440 --> 01:54:43.440]  because I've been listening for about four or five years now, about four years I think,
[01:54:43.440 --> 01:54:49.440]  and that was the first thing that you said that really stuck in my head, and that's great.
[01:54:49.440 --> 01:54:50.440]  I love it.
[01:54:50.440 --> 01:54:53.440]  It is great, and it's fun.
[01:54:53.440 --> 01:54:56.440]  A credit card, they can't collect, they just can't.
[01:54:56.440 --> 01:54:58.440]  So, have fun with it, beat them up.
[01:54:58.440 --> 01:55:06.440]  If you can con them into pulling a credit report on you, that's a felony.
[01:55:06.440 --> 01:55:08.440]  You can really go after them.
[01:55:08.440 --> 01:55:13.440]  That's when they start upping the money to get you to go away.
[01:55:13.440 --> 01:55:16.440]  And with them, play chess.
[01:55:16.440 --> 01:55:19.440]  Never threaten them.
[01:55:19.440 --> 01:55:23.440]  Never give them fair warning.
[01:55:23.440 --> 01:55:28.440]  Ask them for what they have to have, hoping they won't give it to you.
[01:55:28.440 --> 01:55:35.440]  Ask them to do what they're required to do, hoping they won't so you can sting them for it.
[01:55:35.440 --> 01:55:41.440]  It doesn't take them long to figure out when you're setting them up.
[01:55:41.440 --> 01:55:44.440]  That's great.
[01:55:44.440 --> 01:55:45.440]  Cool.
[01:55:45.440 --> 01:55:46.440]  Thanks, Randy.
[01:55:46.440 --> 01:55:47.440]  Love the show.
[01:55:47.440 --> 01:55:48.440]  Thanks for everything you do.
[01:55:48.440 --> 01:55:49.440]  Appreciate it.
[01:55:49.440 --> 01:55:50.440]  Good.
[01:55:50.440 --> 01:55:54.440]  I'm glad you're listening, and go out there and beat these guys up.
[01:55:54.440 --> 01:55:56.440]  It's our job.
[01:55:56.440 --> 01:56:03.440]  They're the servants, we're the masters, and as the masters, we need to keep our servants in line.
[01:56:03.440 --> 01:56:06.440]  You know, I think of them like my grandkids.
[01:56:06.440 --> 01:56:13.440]  I love my grandkids dearly, but if one of them runs out in the road, I'm fixing to tan his hide.
[01:56:13.440 --> 01:56:20.440]  It's our job to tan our public officials hide at every opportunity.
[01:56:20.440 --> 01:56:21.440]  Okay.
[01:56:21.440 --> 01:56:22.440]  Thank you, Steve.
[01:56:22.440 --> 01:56:24.440]  I've got only a couple minutes left.
[01:56:24.440 --> 01:56:28.440]  Maybe Oliver will have time in this couple minutes.
[01:56:28.440 --> 01:56:30.440]  Hello, Oliver.
[01:56:30.440 --> 01:56:31.440]  Hello.
[01:56:31.440 --> 01:56:32.440]  How are you doing?
[01:56:32.440 --> 01:56:33.440]  I'm doing good.
[01:56:33.440 --> 01:56:37.440]  You always talk faster than I can listen, so you ought to have time in two minutes.
[01:56:37.440 --> 01:56:39.440]  What do you got for us?
[01:56:39.440 --> 01:56:47.440]  I'm going with the housing situation that's dealing with them demolishing my house, claiming that it was condemned.
[01:56:47.440 --> 01:56:48.440]  Yes.
[01:56:48.440 --> 01:56:54.440]  I started reading over, because I went to an attorney, and he was telling me that I don't have an eminent domain.
[01:56:54.440 --> 01:57:00.440]  He got real frustrated at first because of what I was claiming, but then he looked it up on the computer,
[01:57:00.440 --> 01:57:08.440]  and then he saw that it was an inverse condemnation that I was going for, and he kind of figured out where I got it mixed up.
[01:57:08.440 --> 01:57:12.440]  He kind of redirected me and told me to go get all the paperwork.
[01:57:12.440 --> 01:57:13.440]  I might have something here.
[01:57:13.440 --> 01:57:17.440]  I don't have anything in the domain.
[01:57:17.440 --> 01:57:20.440]  I mean, eminent domain.
[01:57:20.440 --> 01:57:21.440]  Eminent domain, yeah.
[01:57:21.440 --> 01:57:24.440]  It did not divest the title for me.
[01:57:24.440 --> 01:57:26.440]  I understand that.
[01:57:26.440 --> 01:57:31.440]  He said you might have inverse condemnation, but I have to check into it because he's not familiar with it.
[01:57:31.440 --> 01:57:36.440]  But I went back and started reading over the codes of what they charged me with,
[01:57:36.440 --> 01:57:41.440]  and then I went to go check the definitions for residency and all this thing,
[01:57:41.440 --> 01:57:44.440]  and I started to realize none of those definitions apply to me.
[01:57:44.440 --> 01:57:49.440]  Building is something that has to do with the public.
[01:57:49.440 --> 01:57:54.440]  So then my house was an unsafe structure.
[01:57:54.440 --> 01:57:59.440]  It's a structure that's provided to the public, that's open to the public.
[01:57:59.440 --> 01:58:00.440]  This is part of the property.
[01:58:00.440 --> 01:58:03.440]  The public is not allowed to come to this.
[01:58:03.440 --> 01:58:10.440]  We find this so often, just like the caller before you, the caller before that,
[01:58:10.440 --> 01:58:18.440]  where when he read what a resident was and he read the code, it wasn't what they were enforcing.
[01:58:18.440 --> 01:58:22.440]  And so often these guys enforcing code have no idea what they're doing.
[01:58:22.440 --> 01:58:23.440]  I am sorry.
[01:58:23.440 --> 01:58:24.440]  We are out of time.
[01:58:24.440 --> 01:58:27.440]  If you want to go over this tomorrow night, Oliver, I'll take you early.
[01:58:27.440 --> 01:58:29.440]  Okay.
[01:58:29.440 --> 01:58:33.440]  This is Randy Kelton, Deborah Stevens, Root of the Radio.
[01:58:33.440 --> 01:58:37.440]  We'll be back tomorrow night for our four-hour info marathon.
[01:58:37.440 --> 01:58:40.440]  So make sure you listen in and give us a call.
[01:58:40.440 --> 01:58:44.440]  Thank you all for listening, and good night.
[01:58:44.440 --> 01:58:59.440]  We'll see you next time.
[01:59:14.440 --> 01:59:41.440]  Thank you.
[01:59:44.440 --> 01:59:59.440]  We'll see you next time.