[00:00.000 --> 00:08.000]  The following use flash is brought to you by the Lone Star Lowdown, providing the daily
[00:08.000 --> 00:10.000]  bulletins for the commodities market.
[00:10.000 --> 00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.000 --> 00:29.000]  Markets for Wednesday, September 21st, 2016 are currently trading with gold at $1,336.62
[00:29.000 --> 00:36.000]  an ounce, silver $19.78 an ounce, Texas crude $43.44 a barrel, and Bitcoin is currently
[00:36.000 --> 00:44.000]  sitting at about $600 U.S. currency.
[00:44.000 --> 00:49.000]  Today in history, the year 1981, Sandra Day O'Connor is unanimously approved by the U.S.
[00:49.000 --> 00:57.000]  Senate as the first female Supreme Court justice today in history.
[00:57.000 --> 01:02.000]  In recent news, Ahmad Kham Rahami, the man sought by state investigators for possible
[01:02.000 --> 01:06.000]  connections to the detonating of some explosives in the dumpster in Manhattan on a route in
[01:06.000 --> 01:10.000]  Seaside Park, New Jersey, and in a backpack which was detonated by police around a train
[01:10.000 --> 01:13.000]  station in Elizabeth, got into a shootout with local PD.
[01:13.000 --> 01:17.000]  Police and FBI had announced early Monday that they were seeking Rahami in connection
[01:17.000 --> 01:22.000]  with the bombings in the Chelsea District when, as Lyndon Police Captain James Sarniki
[01:22.000 --> 01:26.000]  told local NBC affiliates, officers were responding to a call about a person sleeping in a door
[01:26.000 --> 01:29.000]  way of a local bar turned out to be him.
[01:29.000 --> 01:33.000]  When approaching, the officers noticed his resemblance to the wanted bulletin, and they
[01:33.000 --> 01:35.000]  then ordered him to show his hands.
[01:35.000 --> 01:39.000]  Rahami pulled out a handgun and fired a shot at the officer, striking him in the abdomen.
[01:39.000 --> 01:42.000]  Luckily, most of the round was stopped by a protective vest.
[01:42.000 --> 01:45.000]  The officer returned fire, but Rahami simply walked away.
[01:45.000 --> 01:49.000]  He was eventually shot down the street by several police officers, where again shots
[01:49.000 --> 01:50.000]  were exchanged.
[01:50.000 --> 01:54.000]  He was taken away in an ambulance to University Hospital in Newark, where his condition is
[01:54.000 --> 01:55.000]  still unknown.
[01:55.000 --> 02:00.000]  We have every reason to believe this was an act of terror, Mayor of New York Bill Belasio
[02:00.000 --> 02:04.000]  said in a news conference, also stating that investigators are not seeking any other individuals
[02:04.000 --> 02:05.000]  at the moment.
[02:05.000 --> 02:08.000]  That is, even though apparently, according to the FBI, Rahami's role in the explosives
[02:08.000 --> 02:09.000]  remains unknown.
[02:09.000 --> 02:13.000]  Even though he was carrying a notebook containing his pro jihadist writings, including a reference
[02:13.000 --> 02:20.000]  to the slain al-Qaeda terrorist Anwar al-Waqi, and notes about killing the kufar, or unbeliever,
[02:20.000 --> 02:24.000]  as was stated by law enforcement to the Times, the FBI didn't disclose whether the five
[02:24.000 --> 02:29.000]  people taken into custody Sunday night and later released were linked to Rahami or how
[02:29.000 --> 02:31.000]  Rahami and his family fit into all of it.
[02:31.000 --> 02:35.000]  And it was reported yesterday by the New York Times that his father told authorities two
[02:35.000 --> 02:37.000]  years ago that his son was a terrorist.
[02:37.000 --> 02:41.000]  As of Monday, Ahmed has been charged with five counts of attempted murder on law enforcement
[02:41.000 --> 02:45.000]  officers and two second-degree counts of his ownership of a handgun.
[02:45.000 --> 02:49.000]  Bill has been set at $5.2 million by State Superior Judge.
[02:49.000 --> 02:56.000]  This is Rick Roady with your Lowdown for September 21, 2016.
[03:19.000 --> 03:22.000]  I'm Rick Roady.
[03:22.000 --> 03:25.000]  Thanks for watching.
[03:25.000 --> 03:28.000]  I'm Rick Roady.
[03:28.000 --> 03:31.000]  Thank you for watching.
[03:31.000 --> 03:37.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:37.000 --> 03:43.000]  When you were eight and you had bad traits You'd go to school and learn the golden rule
[03:43.000 --> 03:48.000]  So why are you acting like a bloody fool? If you get high then you must get cool
[03:48.000 --> 03:54.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:54.000 --> 03:59.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:59.000 --> 04:02.000]  You took it on that one, you took it on this one
[04:02.000 --> 04:09.000]  Okay, howdy, howdy, this is Randy Kelkin, Deborah Stevens, Root of Law Radio on this
[04:09.000 --> 04:16.000]  22nd day of September 2016
[04:16.000 --> 04:20.000]  My goodness, these years are going quickly
[04:20.000 --> 04:30.000]  I wanted to start out today with a little escapade I had with the district attorney today in Wise County
[04:30.000 --> 04:38.000]  I really believe I have a district attorney who has his moral center in the right place
[04:38.000 --> 04:45.000]  I went and picked up my complaints for the grand jury from him today
[04:45.000 --> 04:52.000]  And next time the grand jury meets, which will be the third Thursday of next month
[04:52.000 --> 05:00.000]  I will take these complaints to the grand jury myself with no opposition from the prosecutor
[05:00.000 --> 05:11.000]  And I gave him notice that the next meeting of the grand jury I would be back with more criminal complaints
[05:11.000 --> 05:24.000]  Except this time I'll be back with a criminal complaint against the federal district clerk in Fort Worth and the federal district judge
[05:24.000 --> 05:30.000]  And for some reason he told me I always give him a pain in the behind
[05:30.000 --> 05:35.000]  Who, me? But that part's going relatively well
[05:35.000 --> 05:42.000]  I do believe that if we can get established and open door to the grand jury
[05:42.000 --> 05:55.000]  That that will go a long way toward giving you and I and the rest of us a way to actually begin to force some change
[05:55.000 --> 06:09.000]  It has for a long time been my belief that the ultimate remedy for these problems were having the grand jury
[06:09.000 --> 06:17.000]  And Debra is the same way. Debra and I started out together because of her conviction on grand juries
[06:17.000 --> 06:23.000]  And the more I research it, the more everything points at the grand jury as the remedy
[06:23.000 --> 06:34.000]  So the district attorney in Wise County is working out a procedure to make grand juries available to the public
[06:34.000 --> 06:39.000]  And one of the suggestions that the assistant district attorney came up with
[06:39.000 --> 06:49.000]  Was she referenced a judge that rented a post office box and gave the key to the grand jury form
[06:49.000 --> 06:58.000]  So that was a great deal. That's a simple way of doing this that handles the problem for everybody
[06:58.000 --> 07:04.000]  I don't know if they're going to use that method or something else, but I'm expecting them to come up with some method
[07:04.000 --> 07:09.000]  Where at least in Wise County you can get to a grand jury directly
[07:09.000 --> 07:18.000]  The second complaint I will be bringing, I'm bringing it for a specific reason
[07:18.000 --> 07:27.000]  I don't care about Judge McBride, he's 89 years old, he's going to retire soon, he's not an issue
[07:27.000 --> 07:40.000]  I'm bringing the complaint against him in order to force the district attorney to address the issue of grand jury venue
[07:40.000 --> 07:50.000]  Our district attorney's ADA, assistant district attorney, she has been there for 20-some odd years
[07:50.000 --> 07:56.000]  And she is now applying for a position as a professor in a law school
[07:56.000 --> 08:16.000]  So she's very well regarded and I want her to try to find a way to limit the grand jury's venue to the county they're seated in
[08:16.000 --> 08:28.000]  I can't find anything that does that and if she can then I'll have to either look for a way to rebut it or move for legislation to handle it
[08:28.000 --> 08:32.000]  But I need that question answered
[08:32.000 --> 08:38.000]  Sometimes it's a little difficult when you're looking up something and you anticipate what you want the answer to be
[08:38.000 --> 08:41.000]  That can be a problem because you tend to find the answer you want to
[08:41.000 --> 08:47.000]  So I need an opposition and a good, smart opposition to find these answers
[08:47.000 --> 08:55.000]  So when we try to pursue this direction, we have all the law we need
[08:55.000 --> 09:12.000]  If we can get a ruling that says the grand jury is a statewide grand jury and is not limited in its venue to any particular county, this is the case with magistrates
[09:12.000 --> 09:23.000]  So it would seem appropriate to be the same case with grand juries as they do essentially the same thing as a magistrate does, is make a determination of probable cause
[09:23.000 --> 09:32.000]  If we can get that door open then anyone can take a complaint against any public official to any county in the state
[09:32.000 --> 09:35.000]  And that will really open a door
[09:35.000 --> 09:38.000]  Okay, now for that we've got a couple of callers
[09:38.000 --> 09:40.000]  We're going to go to Jeff in Mississippi
[09:40.000 --> 09:42.000]  Hello Mr. Jeff
[09:42.000 --> 09:44.000]  Hey Randy, thanks for having me on
[09:44.000 --> 09:50.000]  I'm glad to have you and what is going on down there in Hillbilly land?
[09:50.000 --> 10:00.000]  Okay, well I submitted a Title 42, 1983 case in Mississippi and the judge dismissed it
[10:00.000 --> 10:08.000]  So under Rule 60, I submitted a motion for reconsideration or
[10:08.000 --> 10:10.000]  Proceed to trial
[10:10.000 --> 10:15.000]  Yes, and that got dismissed or denied by the same judge
[10:15.000 --> 10:21.000]  So I have now filed a notice of appeal and I've got three quick questions
[10:21.000 --> 10:30.000]  And that is the first question is I've already mailed off the notice of appeal but do I need to do a writ of certiorari also?
[10:30.000 --> 10:34.000]  No, no, that only is for the supreme
[10:34.000 --> 10:39.000]  Now what you have to do, you've got to read the local rules
[10:39.000 --> 10:43.000]  There are a couple of things you need to do, two or three documents you need to send with this
[10:43.000 --> 10:48.000]  Oh, there's a notice of appearance
[10:48.000 --> 10:56.000]  You have to file this notice of appearance that says it has a place to mark your appearing pro se
[10:56.000 --> 10:57.000]  Okay
[10:57.000 --> 11:05.000]  You have to, oh there's three things that have to be done within seven days, seven to 14 days
[11:05.000 --> 11:09.000]  I just did this in New York and now I forget what the three things are
[11:09.000 --> 11:13.000]  One of them is that notice of appearance
[11:13.000 --> 11:24.000]  And are you, you have to file, if you're filing as indigent, you have to have a filing for that
[11:24.000 --> 11:29.000]  And there's one more document, looking at the local rules to make sure you get those
[11:29.000 --> 11:31.000]  I have to redo it?
[11:31.000 --> 11:39.000]  No, these are documents that you can pull the forms down off of the court's websites
[11:39.000 --> 11:41.000]  Got it, okay
[11:41.000 --> 11:45.000]  And just fill in the blanks, it's not a really big deal
[11:45.000 --> 11:50.000]  And you have to, I'm trying to remember it off the top of my head
[11:50.000 --> 11:55.000]  But since I've only done that once recently, it's not clear
[11:55.000 --> 12:00.000]  But read the local rules for that circuit
[12:00.000 --> 12:01.000]  Got it, okay
[12:01.000 --> 12:05.000]  The local rules are generally maybe two pages
[12:05.000 --> 12:08.000]  So there's not much to local rules
[12:08.000 --> 12:15.000]  And then if you can find out who your judge is, a lot of time the judge will have his own local rules
[12:15.000 --> 12:20.000]  And you know, I spoke to filing a criminal complaint against Judge McBride
[12:20.000 --> 12:24.000]  Well, Judge McBride has his own rules
[12:24.000 --> 12:30.000]  And when I went through them, they were frankly pretty good
[12:30.000 --> 12:31.000]  Okay
[12:31.000 --> 12:37.000]  They had some special rules for proceeds and they would be very helpful to proceeds
[12:37.000 --> 12:38.000]  Okay
[12:38.000 --> 12:41.000]  So look at those, they'll have special rules for you
[12:41.000 --> 12:44.000]  And it's not, a couple pages is all it is
[12:44.000 --> 12:53.000]  But the judge will be real pleased if you indicate by your filings that you read all of his rules
[12:53.000 --> 12:54.000]  Got it
[12:54.000 --> 12:57.000]  That'll make you a lot more happy
[12:57.000 --> 13:00.000]  Go ahead
[13:00.000 --> 13:03.000]  I'll just mail these papers in late
[13:03.000 --> 13:06.000]  I already mailed in the notice two days ago
[13:06.000 --> 13:07.000]  So I'll just follow up
[13:07.000 --> 13:09.000]  No, no, you're okay, you're okay
[13:09.000 --> 13:12.000]  I think you've got 14 days
[13:12.000 --> 13:13.000]  Okay
[13:13.000 --> 13:16.000]  So it's not absolutely immediate
[13:16.000 --> 13:20.000]  Even if you don't, we didn't get everything done right in New York
[13:20.000 --> 13:25.000]  The client I was trying to help didn't get back to me
[13:25.000 --> 13:30.000]  And they gave him an extra 30 days to get him put handed in
[13:30.000 --> 13:34.000]  The clerk will be real helpful
[13:34.000 --> 13:42.000]  And that's because the clerk is statutorily required to be helpful to approach their litigant in the Fed
[13:42.000 --> 13:43.000]  Okay
[13:43.000 --> 13:47.000]  They have to help you to make sure that you meet all the local rules
[13:47.000 --> 13:50.000]  But it's much better if you read them yourself first
[13:50.000 --> 13:56.000]  This is minor stuff, it's just generally they have a fill in the blanks PDF
[13:56.000 --> 14:02.000]  You just open it up, fill in the blanks, print it, sign it, send it
[14:02.000 --> 14:03.000]  Okay
[14:03.000 --> 14:11.000]  My second question is unfortunately after I lost my case, after I filed my complaint and pleading
[14:11.000 --> 14:14.000]  And then got it dismissed
[14:14.000 --> 14:23.000]  I got lucky and found an explanation of Title 42, 1983 by some attorneys
[14:23.000 --> 14:28.000]  And so I started reading it and sure enough they claim that court reporters
[14:28.000 --> 14:30.000]  My case is against a court reporter
[14:30.000 --> 14:35.000]  Court reporters do not have immunity, they are not an arm of the government
[14:35.000 --> 14:37.000]  Which is what the judge claimed
[14:37.000 --> 14:39.000]  And they cite a few case law
[14:39.000 --> 14:42.000]  Well unfortunately I'm too late for that
[14:42.000 --> 14:43.000]  No, you're not
[14:43.000 --> 14:45.000]  So when I filed my appeal
[14:45.000 --> 14:51.000]  Hold on, did you, okay you sued the court reporter
[14:51.000 --> 14:52.000]  Yes, for not
[14:52.000 --> 14:54.000]  And the judge said you couldn't
[14:54.000 --> 14:57.000]  Well that's what appeal is for
[14:57.000 --> 14:58.000]  Okay
[14:58.000 --> 15:05.000]  You don't have the case, you don't have to have that case law before the court
[15:05.000 --> 15:17.000]  Did the other side, did the court reporter file an answer
[15:17.000 --> 15:18.000]  Yes
[15:18.000 --> 15:28.000]  Did the answer that the court reporter filed contain case law that indicated that she had immunity
[15:28.000 --> 15:38.000]  Yes, but it was incorrect because she acted outside of her jurisdiction and I filed a motion for sanctions against her
[15:38.000 --> 15:42.000]  Then you covered those issues, you're okay, you bring this up
[15:42.000 --> 15:50.000]  You can't bring up new issues that weren't adjudicated in the trial court
[15:50.000 --> 15:57.000]  But you can bring up new case law to support the issues that were brought up in the trial court
[15:57.000 --> 16:02.000]  Well but what if it's not worded right
[16:02.000 --> 16:07.000]  I said she didn't have immunity because she acted outside the scope of her authority and she broke the law
[16:07.000 --> 16:13.000]  Whereas the judge said that she's an arm or an agency of the government and cannot be sued
[16:13.000 --> 16:17.000]  So my case law would go against the arm or the agency of the government
[16:17.000 --> 16:18.000]  You were right
[16:18.000 --> 16:19.000]  Which is
[16:19.000 --> 16:23.000]  She is no such thing
[16:23.000 --> 16:24.000]  Okay
[16:24.000 --> 16:27.000]  She is a private contractor
[16:27.000 --> 16:32.000]  And she is not an arm or agency of the government
[16:32.000 --> 16:37.000]  She's like the janitor
[16:37.000 --> 16:45.000]  The janitor is a private contractor, the court reporter is a private contractor, they are not an agency of the government
[16:45.000 --> 16:46.000]  Okay
[16:46.000 --> 16:50.000]  So he is, that's full of, that's manure
[16:50.000 --> 16:53.000]  Can I use a new case law on my new appeal
[16:53.000 --> 16:55.000]  Yeah you can use manure
[16:55.000 --> 16:58.000]  Yeah you can use new case law
[16:58.000 --> 17:00.000]  You can't use new
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[18:49.000 --> 18:51.000]  That's ruleoflawradio.com
[18:51.000 --> 18:57.000]  Or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.000 --> 19:00.000]  To learn how to stop debt collectors now
[19:00.000 --> 19:11.000]  You are listening to the Logos Radio Network, logosradio.com
[19:11.000 --> 19:32.000]  Look what we got, ooh we asked the Christians, I wonder what they had, they don't have answers
[19:32.000 --> 19:47.000]  Look what we got, ooh we asked the Christians, I wonder what they had, they don't have answers
[19:47.000 --> 19:52.000]  Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio
[19:52.000 --> 19:57.000]  And I just dove right off the cliff there at the end
[19:57.000 --> 20:06.000]  I do that on occasion and the bad part was is Deborah was here and saw me do it so I can't blame it on my producer
[20:06.000 --> 20:11.000]  Darn the luck, okay Jeff where were we
[20:11.000 --> 20:21.000]  Well I had thought that I made a boo boo because I claimed in my pleadings that the court reporter did not have immunity
[20:21.000 --> 20:25.000]  Because she acted outside of the scope of her authority
[20:25.000 --> 20:30.000]  Also I had reported her to the court reporter's board and they did nothing about that
[20:30.000 --> 20:34.000]  So I also used that to say that she didn't have immunity too
[20:34.000 --> 20:40.000]  So I was basically shooting a shotgun in the dark, I was trying to cover my bases but I really didn't know what I was doing
[20:40.000 --> 20:46.000]  The judge dismissed my case and claimed that she's an arm of the government and has immunity
[20:46.000 --> 20:55.000]  On my motion for reconsideration I really did not argue that she was not an arm
[20:55.000 --> 21:00.000]  Until I saw these new findings that I was just telling you about that she really isn't an arm
[21:00.000 --> 21:02.000]  So unfortunately I was too late
[21:02.000 --> 21:11.000]  Now you're okay, if the judge, what the judge did was render a ruling that was wrongful
[21:11.000 --> 21:18.000]  It was just wrong and the court cannot uphold a wrongful ruling
[21:18.000 --> 21:26.000]  He made a ruling based on alleged law that was no such thing
[21:26.000 --> 21:35.000]  Now you come into court and if the court pulls something out of the clear blue sky
[21:35.000 --> 21:44.000]  You can't expect to be prepared for every crazy thing that a judge can come up with
[21:44.000 --> 21:45.000]  Okay
[21:45.000 --> 21:49.000]  You wouldn't anticipate that the judge would make up law
[21:49.000 --> 21:56.000]  So there's no reason to expect you to be prepared for what is just ludicrous
[21:56.000 --> 22:03.000]  Okay, so I can come back with a response for the arm, I can actually cite the case law on my new appeal
[22:03.000 --> 22:05.000]  Absolutely
[22:05.000 --> 22:06.000]  Okay
[22:06.000 --> 22:15.000]  If you never raise the issue of the court reporter's liability
[22:15.000 --> 22:20.000]  You don't have to even raise the immunity, you just have to claim she's liable
[22:20.000 --> 22:27.000]  And apparently it was the Judge Suizponte that claimed that she wasn't
[22:27.000 --> 22:33.000]  And you've raised the issue, the issues before the court
[22:33.000 --> 22:35.000]  Okay
[22:35.000 --> 22:41.000]  When you go to appeal, generally when you go to appeal, that's when you really do your homework
[22:41.000 --> 22:43.000]  Got it
[22:43.000 --> 22:49.000]  So now you go find that case law you didn't have at the time and fill in those blanks, so you're okay
[22:49.000 --> 22:58.000]  Okay, my last one is I made another little glitch in the opening right under the caption
[22:58.000 --> 23:06.000]  I put jurisdiction and I said that I was invoking the court's jurisdiction for declarative and injunctive relief
[23:06.000 --> 23:10.000]  I think that that's 2201 and 2202 or something like that
[23:10.000 --> 23:15.000]  Yes, 28 U.S. Code 2201 and 2202
[23:15.000 --> 23:24.000]  Okay, and that's what I put. However, at the bottom, I never came in and said that I want the court to declare this or that
[23:24.000 --> 23:33.000]  I just literally fell off the cliff and in the judge's dismissal, he claims that I never asked for declarative relief
[23:33.000 --> 23:38.000]  Now that's valid
[23:38.000 --> 23:41.000]  Did he dismiss with prejudice?
[23:41.000 --> 23:44.000]  No, he dismissed without prejudice
[23:44.000 --> 23:46.000]  Okay, not a problem
[23:46.000 --> 23:49.000]  Yeah, with prejudice. I think he dismissed with prejudice
[23:49.000 --> 24:00.000]  Okay, with prejudice, then since you are a pro se, that's one of the issues you bring, is that the with prejudice was improper
[24:00.000 --> 24:12.000]  He made this ruling claiming that you didn't file a proper prayer and that's something that's absolutely fixable
[24:12.000 --> 24:17.000]  So he was required to dismiss it without prejudice
[24:17.000 --> 24:24.000]  So that's definitely, the court almost certainly overturned that part
[24:24.000 --> 24:27.000]  Okay, and so I include that in my appeal
[24:27.000 --> 24:29.000]  Absolutely
[24:29.000 --> 24:31.000]  Okay
[24:31.000 --> 24:38.000]  That the oversight was due to simply that, oversight
[24:38.000 --> 24:39.000]  Okay
[24:39.000 --> 24:46.000]  And that the judge, that it is an oversight that is absolutely fixable
[24:46.000 --> 24:53.000]  So you should have had opportunity to amend your pleading and correct these minor errors
[24:53.000 --> 25:05.000]  That happens all the time. The judges, for the most part, if you listen to Harman Taylor, he talks about how the judges are always instructing you
[25:05.000 --> 25:10.000]  The judge will tell both sides, this is what's wrong with your pleadings
[25:10.000 --> 25:15.000]  Go fix them and come back to me with good pleadings
[25:15.000 --> 25:22.000]  And here the judge is saying, this is what's wrong with your pleadings, get out of my court and don't ever come back
[25:22.000 --> 25:31.000]  Well, that's not how it's supposed to work and the Court of Appeals has almost certainly overturned the dismissal with prejudice
[25:31.000 --> 25:33.000]  Good
[25:33.000 --> 25:36.000]  Okay, well Randy, that's all I have, thank you
[25:36.000 --> 25:45.000]  Okay, you should be in good shape, just get as good in a points and authorities as you can
[25:45.000 --> 25:53.000]  And if you have to write too much yourself, you haven't done enough homework
[25:53.000 --> 25:55.000]  Okay
[25:55.000 --> 26:05.000]  Get out your, hone your plagiarizing skill and find lawyers that argue these issues
[26:05.000 --> 26:11.000]  And use their pleadings, their arguments instead of your own, you'd be a lot better off
[26:11.000 --> 26:12.000]  Got it
[26:12.000 --> 26:14.000]  Okay
[26:14.000 --> 26:15.000]  Thank you
[26:15.000 --> 26:21.000]  Okay, thank you Jeff, now we're going to go to Don in New Mexico, hello Don
[26:21.000 --> 26:23.000]  Hey Randy
[26:23.000 --> 26:26.000]  What do you have for us today?
[26:26.000 --> 26:35.000]  Oh right, I'm kind of an update on a couple of things, I'm the one that had the IRS agent messing with my rental home here in Albuquerque
[26:35.000 --> 26:36.000]  Yes
[26:36.000 --> 26:46.000]  And I had filed a couple of complaints with the FBI and you suggested that I actually specifically put the special agent in charge in the heading
[26:46.000 --> 26:51.000]  Instead of just sending it to the FBI and that got a response
[26:51.000 --> 27:01.000]  So I sent, on August 20th I sent the FBI the same complaint letter with the special agent in charge to his attention
[27:01.000 --> 27:10.000]  And I got a letter back saying that they were forwarding the complaint on to the IRS here in Albuquerque criminal investigation division
[27:10.000 --> 27:14.000]  Well he says investigative, but so
[27:14.000 --> 27:15.000]  Wonderful
[27:15.000 --> 27:17.000]  Yeah
[27:17.000 --> 27:27.000]  You know, whether the agent is correct or incorrect, this is going to give him a black eye
[27:27.000 --> 27:37.000]  You're sending third parties after him and he's having to answer to his boss and his boss's boss and his boss's boss's boss
[27:37.000 --> 27:43.000]  And they're all asking him questions he don't want to answer, that is not going to look good
[27:43.000 --> 27:56.000]  Well that's where that stands, the FOIA request, it took about three weeks and I got his supervisor's name from FOIA in Atlanta
[27:56.000 --> 28:05.000]  They wouldn't tell me who the person was that runs the Albuquerque IRS office because there's numerous individuals that are in charge of parts of it
[28:05.000 --> 28:13.000]  And so they couldn't fulfill that part of my request so I'm going to have to I guess go up one step at a time
[28:13.000 --> 28:22.000]  So my next FOIA is going to be back to them asking for the supervisor of the person they just gave me the name of
[28:22.000 --> 28:28.000]  This is perfect, when you start sharpshooting them this way
[28:28.000 --> 28:29.000]  Pardon me?
[28:29.000 --> 28:36.000]  When you start sharpshooting them this way, that's what creates the politics
[28:36.000 --> 28:43.000]  Now they're saying this dirty rotten scoundrel he's got people looking over our shoulders
[28:43.000 --> 28:51.000]  And he's digging into our business, fixing to find a way to sting us all because they know they do everything wrong
[28:51.000 --> 28:53.000]  Of course they do
[28:53.000 --> 29:01.000]  But they have to because everybody else is doing everything wrong and if these guys don't keep up they're going to look like chumps
[29:01.000 --> 29:08.000]  I think once you're looking under the curtain that's going to tense them all up
[29:08.000 --> 29:18.000]  So I can send the FOIA to Atlanta or I can send the FOIA directly to the supervisor and have him forward it on to FOIA
[29:18.000 --> 29:23.000]  Now send it to Atlanta, let Atlanta send it back to him
[29:23.000 --> 29:24.000]  Okay
[29:24.000 --> 29:32.000]  The higher up it comes back to him from the more political influence it's going to have
[29:32.000 --> 29:33.000]  Okay
[29:33.000 --> 29:36.000]  Okay hang on, about to go to break
[29:36.000 --> 29:44.000]  Randy Kelton, Deborah Stevens, Rule of Law Radio, I'll call it number 512-646-1984
[29:44.000 --> 29:49.000]  And during the break it's a good time to go check out our sponsors and help support this network
[29:49.000 --> 29:52.000]  We'll be right back
[30:03.000 --> 30:09.000]  Since 9-11 our government has used invasive measures like warrantless phone taps to keep us safe from terrorists
[30:09.000 --> 30:13.000]  But too much government surveillance could actually put us at greater risk
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[30:59.000 --> 31:03.000]  And governments that kill have one thing in common, too much power
[31:03.000 --> 31:05.000]  Surveillance is government power
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[34:05.000 --> 34:14.000]  Okay we are back, Randy Kelton, Deborah Stevens, we're rule of law radio and we're talking to Don in New Mexico
[34:14.000 --> 34:18.000]  Okay Don, you were talking when we went to break
[34:18.000 --> 34:23.000]  Yes, the next issue I have about writing up a criminal complaint
[34:23.000 --> 34:30.000]  If I was writing up the complaint against the employee that did the extortion
[34:30.000 --> 34:36.000]  Or the acts that I call extortion and I think the law says that also
[34:36.000 --> 34:44.000]  How do I change the criminal complaint when I'm going after a supervisor?
[34:44.000 --> 34:48.000]  Do I write it the same way? I mean is it
[34:48.000 --> 34:56.000]  You claim the supervisor as responding at Superior acting in concert and collusion
[34:56.000 --> 35:10.000]  Where the IRS officer you have reason to believe was acting in concert and collusion with ongoing policy
[35:10.000 --> 35:22.000]  And the supervisor who promotes that policy becomes a co-conspirator for responding at Superior
[35:22.000 --> 35:28.000]  Okay and so yeah I think I've got that
[35:28.000 --> 35:36.000]  I'll be listening to the show again and I'll make sure I get a clear picture of what you said about that
[35:36.000 --> 35:41.000]  It is very good to go after the guy's boss
[35:41.000 --> 35:48.000]  The guy who really didn't have anything directly to do with this
[35:48.000 --> 35:57.000]  When you go after his professional career who do you think he's going to throw under the bus?
[35:57.000 --> 36:02.000]  We did this in Fort Lauderdale, Florida
[36:02.000 --> 36:11.000]  We went after I forgot what his title was but he was three levels up from the agent
[36:11.000 --> 36:22.000]  We accused him of sending these agents in with loaded pistols with guns in their hands when that was absolutely forbidden by the manual
[36:22.000 --> 36:32.000]  Now we weren't privy to anything that went on in the IRS but the next time we talked to the US Attorney this IRS agent was fired
[36:32.000 --> 36:35.000]  So they wasted no time on this one
[36:35.000 --> 36:42.000]  So if your agent is clearly outside the statutory code
[36:42.000 --> 36:50.000]  Good chance if you hammer the guys higher up accusing them of directing these people to do this
[36:50.000 --> 36:55.000]  That agent's likely to be history because they're going to need a sacrificial lamb
[36:55.000 --> 37:03.000]  Even if the agent's not you're going to scare the poop out of all of them
[37:03.000 --> 37:06.000]  So it should be interesting to see how this shakes out
[37:06.000 --> 37:08.000]  Time for a change
[37:08.000 --> 37:13.000]  My next question is about calling 911 versus the non-emergency number
[37:13.000 --> 37:19.000]  If you have a non-emergency number you can certainly do that
[37:19.000 --> 37:30.000]  But it has been my experience that most jurisdictions now don't have a non-emergency number
[37:30.000 --> 37:38.000]  They may have an office number but if you call in and ask for a non-emergency number
[37:38.000 --> 37:43.000]  They'll almost always tell you to call 911
[37:43.000 --> 37:49.000]  We have one here in Albuquerque, that's why I was curious about that
[37:49.000 --> 37:56.000]  I think I've heard at least one person mention they got arrested for calling 911
[37:56.000 --> 38:02.000]  I do it all the time and I've never heard a peep of that nonsense
[38:02.000 --> 38:11.000]  I heard one bailiff say he's making a 911 call and it's not an emergency
[38:11.000 --> 38:14.000]  And this was just about three weeks ago and I looked up at him and I said,
[38:14.000 --> 38:21.000]  Bubba, I'm accusing this guy of first degree felony aggravated assault
[38:21.000 --> 38:27.000]  How serious does it get before I can call 911?
[38:27.000 --> 38:31.000]  Oh, well, okay
[38:31.000 --> 38:39.000]  You're calling him to make a criminal accusation
[38:39.000 --> 38:44.000]  Don't imagine this is not really serious
[38:44.000 --> 38:47.000]  That's what 911 is for
[38:47.000 --> 38:53.000]  I've got somebody here committing crimes against me and he's got a pistol
[38:53.000 --> 39:02.000]  Get somebody and you want 911 because you've got tapes
[39:02.000 --> 39:07.000]  They record a lot of the other stuff but if you call the non-emergency number
[39:07.000 --> 39:10.000]  unlikely they're going to have that recorded
[39:10.000 --> 39:12.000]  Yeah, they're usually pretty good about answering the phones
[39:12.000 --> 39:16.000]  but I think 911 will get you quicker attention, no doubt
[39:16.000 --> 39:20.000]  Yeah, but if you call 911, you've got it recorded
[39:20.000 --> 39:23.000]  Everybody knows you've got it recorded
[39:23.000 --> 39:26.000]  And for me, that's the most important thing
[39:26.000 --> 39:34.000]  And when I'm talking to the 911 dispatcher, always be the dispatcher, that's a rule
[39:34.000 --> 39:38.000]  I always remember I'm being recorded
[39:38.000 --> 39:42.000]  One of the things I like about recording what's going on
[39:42.000 --> 39:47.000]  is not so much to capture what these other people say
[39:47.000 --> 39:52.000]  but to make sure that you carefully mediate what you say
[39:52.000 --> 39:59.000]  because everything you're saying is for public consumption by the grand jury
[39:59.000 --> 40:07.000]  When I talk to these people, I'm always thinking, how will this fly before a grand jury?
[40:07.000 --> 40:13.000]  About two weeks ago, I had five bailiffs converge on me
[40:13.000 --> 40:17.000]  and one of them walked right up against me
[40:17.000 --> 40:21.000]  and is pressing me backwards and I turned to get away from him and he moved in front of me
[40:21.000 --> 40:28.000]  Clearly he's trying to get me to raise a hand so that they can all pounce on me
[40:28.000 --> 40:34.000]  And he's right in my face and I said, no, you're not going to kiss me, are you?
[40:34.000 --> 40:38.000]  And he said, you look like you want to kiss me
[40:38.000 --> 40:41.000]  I don't want you to kiss me and I turned away from him
[40:41.000 --> 40:49.000]  And the guy is getting furious but I'm not doing anything aggressive toward him
[40:49.000 --> 40:52.000]  I didn't really know how to handle this guy
[40:52.000 --> 41:04.000]  So I'm thinking, what could I say that if I say it to a grand jury, it's going to sound absolutely ludicrous?
[41:04.000 --> 41:15.000]  So always record yourself more than anything and you will sound much more professional and reasonable
[41:15.000 --> 41:21.000]  When this guy was doing this to me, one of the other bailiffs got frustrated
[41:21.000 --> 41:26.000]  And he knew I was trying to get to my cell phone because I had it sitting on a counter behind me
[41:26.000 --> 41:30.000]  And every time I turned in that direction, this guy would move around in front of me
[41:30.000 --> 41:34.000]  And the other bailiff picked it up and said, is this what you're looking for?
[41:34.000 --> 41:38.000]  Oh yes, thank you very much, 911
[41:38.000 --> 41:43.000]  And when I dialed 911, this nonsense stopped
[41:43.000 --> 41:53.000]  So 911 is good to call, if you're calling in to report a crime, they can never come after you for it
[41:53.000 --> 41:58.000]  They would really like to get a shot at me
[41:58.000 --> 42:03.000]  But never have they accused me of making a false police report
[42:03.000 --> 42:08.000]  And that's what you should be, I don't think you have to worry about that
[42:08.000 --> 42:13.000]  You're right about USB recording devices on eBay, I found one for under $10
[42:13.000 --> 42:18.000]  It's probably the best recorder I've had
[42:18.000 --> 42:25.000]  The one I saw, the one I got that actually does the best, well there's two
[42:25.000 --> 42:32.000]  They got those cheap pens, they got video recording pens
[42:32.000 --> 42:36.000]  Don't get the really cheap ones, get the ones that are about $50-$60
[42:36.000 --> 42:42.000]  Those things are amazing
[42:42.000 --> 42:47.000]  The video they produce is remarkable
[42:47.000 --> 42:56.000]  And then I have a little flash drive that's a recording device
[42:56.000 --> 43:04.000]  And it does pretty good, but there's a little recorder that has a plug-in for headsets on it
[43:04.000 --> 43:12.000]  That's about an inch and a half long and three quarters of an inch wide and maybe an 18-18 inch stick
[43:12.000 --> 43:15.000]  It was about $7 or $8
[43:15.000 --> 43:21.000]  And that thing really records good, it's got a good mic on it
[43:21.000 --> 43:25.000]  The pens have horrible mics
[43:25.000 --> 43:29.000]  But if you have the pen recorder to do video
[43:29.000 --> 43:36.000]  Then one of these other recorders that only does voice, tends to have a really good mic on them
[43:36.000 --> 43:40.000]  Frankly I'm amazed how good these things are
[43:40.000 --> 43:46.000]  We've got a couple more questions and we'll do that after the break
[43:46.000 --> 43:50.000]  Okay, we'll do that after the break and then we'll go to Scott and Oliver
[43:50.000 --> 43:54.000]  Olivier, I've been pronouncing his name wrong for a long time
[43:54.000 --> 44:00.000]  Okay, hang on, about to go to break, we'll be right back
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[46:18.000 --> 46:23.000]  Okay, we are back. Randy Kelcom, Deborah Stevens, Rule of Law Radio
[46:23.000 --> 46:25.000]  And we're talking to Don in New Mexico
[46:25.000 --> 46:28.000]  Okay, you had a couple more quick questions, Don
[46:28.000 --> 46:31.000]  Yeah, a couple things. You were talking about your e-book
[46:31.000 --> 46:39.000]  And a friend of ours publishes his own books with Amazon or through Amazon
[46:39.000 --> 46:42.000]  He's got a couple of books of poetry with pictures
[46:42.000 --> 46:45.000]  I think they're all black and white, they're not full color
[46:45.000 --> 46:50.000]  A couple hundred pages and it's cheap to go through Amazon
[46:50.000 --> 46:56.000]  They print them up as they're ordered and Amazon takes a cut, obviously
[46:56.000 --> 47:04.000]  Well, I really wasn't going to do this as a hard copy book
[47:04.000 --> 47:06.000]  They also do e-books
[47:06.000 --> 47:11.000]  I'm working up a different technology
[47:11.000 --> 47:12.000]  Okay
[47:12.000 --> 47:22.000]  I'm working up a mind map where the mind map looks like a table of contents
[47:22.000 --> 47:27.000]  Except instead of vertically, it's lined up horizontally
[47:27.000 --> 47:35.000]  And you open this up and it has different sections you can look at
[47:35.000 --> 47:38.000]  When you click on one, it opens the next one
[47:38.000 --> 47:43.000]  And you can kind of walk down through a specific topic
[47:43.000 --> 47:44.000]  Right
[47:44.000 --> 47:50.000]  But I intend, once I get the book available, I make it available online
[47:50.000 --> 47:53.000]  I'm building into it questionnaires
[47:53.000 --> 48:02.000]  Where if you have a particular issue, you go to this section and it'll ask you a set of questions to develop the issue
[48:02.000 --> 48:10.000]  And as it develops the issue, it'll collect information it needs to start filling in documents
[48:10.000 --> 48:13.000]  So it'll begin to produce documents
[48:13.000 --> 48:24.000]  The first things I want this thing to produce is a malpractice suit for lawyers
[48:24.000 --> 48:28.000]  And some basic motions and pleadings
[48:28.000 --> 48:34.000]  I'll be building these based on O'Connor's litigation guts
[48:34.000 --> 48:45.000]  O'Connor's has a way of putting together motions that's consistent with what the judge expects to see
[48:45.000 --> 48:56.000]  It won't exactly be what O'Connor says, but everything will be in the order that it's in with O'Connor's
[48:56.000 --> 49:00.000]  Because most of the lawyers use O'Connor's
[49:00.000 --> 49:06.000]  And when the judge reads the document, he'll see everything exactly where he expects to see it
[49:06.000 --> 49:13.000]  Pretty much written the way he expects to see it, using the standard case law that he expects to see
[49:13.000 --> 49:19.000]  The only way he'll be able to tell a pro se filed it is if it doesn't have a lawyer's name at the end of it
[49:19.000 --> 49:21.000]  That's the idea
[49:21.000 --> 49:22.000]  Okay
[49:22.000 --> 49:32.000]  I'm structuring the e-book, but then I want it to grow into a document creation tool
[49:32.000 --> 49:34.000]  And I'm glad you mentioned that e-book
[49:34.000 --> 49:37.000]  I was talking to my district attorney today
[49:37.000 --> 49:44.000]  And I had mentioned it to him the last time I talked to him and he asked me about that
[49:44.000 --> 49:52.000]  I explained to him how I was explaining how to do legal documents
[49:52.000 --> 49:57.000]  And that I'd suggest that you start out by writing the order
[49:57.000 --> 50:03.000]  And then write the prayer that asks for the order
[50:03.000 --> 50:10.000]  And in order to do those, go get the pattern jury charges
[50:10.000 --> 50:16.000]  And in the order, you only address what's in the pattern jury charges
[50:16.000 --> 50:23.000]  And he sat there a minute and kind of thought a minute and he said, that is not a bad idea
[50:23.000 --> 50:25.000]  It's not a bad approach
[50:25.000 --> 50:31.000]  He liked the approach because it keeps you from, and he specifically said
[50:31.000 --> 50:39.000]  It's like we get all these, especially from pro se, litigants, we get all kinds of stuff in there, don't make any difference
[50:39.000 --> 50:43.000]  People want to tell their story and they don't understand in legal documents
[50:43.000 --> 50:46.000]  You're not there to tell your story
[50:46.000 --> 50:51.000]  You're there to determine the facts in accordance to the rules of evidence, apply the laws as it comes to you
[50:51.000 --> 50:56.000]  And the judge is there to determine the facts and apply the law to the facts
[50:56.000 --> 51:03.000]  And this method will make that a natural outcome of your plea
[51:03.000 --> 51:11.000]  I was pleased to see that he didn't have any really pointed critical comments about it
[51:11.000 --> 51:16.000]  He liked the procedure, so I was pleased with that
[51:16.000 --> 51:24.000]  I think people that are going at this alone can use that kind of help because they're up
[51:24.000 --> 51:31.000]  This is the stuff that the lawyer doesn't get in law school
[51:31.000 --> 51:37.000]  You go to school and they teach you all of this stuff
[51:37.000 --> 51:44.000]  And then you get out in the real world and you say, holy mackerel, it's not like that at all
[51:44.000 --> 51:51.000]  So this is the stuff that you don't get in law school
[51:51.000 --> 51:58.000]  In law school, they never tell you you'll never win your case simply because you have the law and the facts on your side
[51:58.000 --> 52:03.000]  The lawyer's got to get out there in the real world and find out how it really works
[52:03.000 --> 52:06.000]  And he figures that out over time
[52:06.000 --> 52:14.000]  So I'm trying to get all this good, basic understanding up front
[52:14.000 --> 52:17.000]  And it'll make this whole process lighter
[52:17.000 --> 52:22.000]  When it comes to how to take on the officials, Don, you got it
[52:22.000 --> 52:26.000]  I'm really pleased with what I'm hearing from you
[52:26.000 --> 52:31.000]  because you understand how you're seeing exactly how it works
[52:31.000 --> 52:34.000]  and how the politics really plays into it
[52:34.000 --> 52:40.000]  I will really be interested in hearing how this plays out
[52:40.000 --> 52:43.000]  I'll keep you up to date and I've got one more question
[52:43.000 --> 52:46.000]  This is totally off that topic completely
[52:46.000 --> 52:53.000]  You've been talking about foreclosures and things like that forever on this show
[52:53.000 --> 52:58.000]  And I was down at the county recorder recording a document
[52:58.000 --> 53:03.000]  and I printed out a copy of things that were under my name
[53:03.000 --> 53:10.000]  I'm just curious because we took out a loan in 2001 from, I thought, countrywide at that time
[53:10.000 --> 53:21.000]  And I find a couple of entries from 2001 for the mortgage electronic registration system, Inc., America's wholesale lender
[53:21.000 --> 53:26.000]  Whoa, American wholesale lenders?
[53:26.000 --> 53:28.000]  Yeah
[53:28.000 --> 53:30.000]  They never existed
[53:30.000 --> 53:38.000]  Yeah, well they recorded 11 pages on one, 10 pages on another back in 2001
[53:38.000 --> 53:42.000]  Were they by any chance the original lender?
[53:42.000 --> 53:43.000]  Yes
[53:43.000 --> 53:47.000]  Oh my goodness, they never existed
[53:47.000 --> 53:52.000]  On the lending, I went and pulled out the HUD statements and looked at the paperwork
[53:52.000 --> 53:55.000]  and they're listed as the lender
[53:55.000 --> 54:00.000]  Okay, here's the deal
[54:00.000 --> 54:04.000]  Oh, who was it?
[54:04.000 --> 54:06.000]  Ah, I lost it
[54:06.000 --> 54:08.000]  Countrywide
[54:08.000 --> 54:10.000]  Countrywide
[54:10.000 --> 54:20.000]  They claimed to be acting, how did they do it? Countrywide created American wholesale lenders
[54:20.000 --> 54:28.000]  And they claimed, you know, American wholesale lenders claimed it was incorporated in New York
[54:28.000 --> 54:32.000]  It never was incorporated
[54:32.000 --> 54:38.000]  So a couple of guys in New York found this out
[54:38.000 --> 54:44.000]  They registered the name and they incorporated it in New York
[54:44.000 --> 54:46.000]  I thought it was great
[54:46.000 --> 54:52.000]  People would sue American wholesale lenders and they send the paperwork to these guys
[54:52.000 --> 54:56.000]  These guys are thrown in trash
[54:56.000 --> 54:57.000]  There you go
[54:57.000 --> 55:01.000]  American wholesale lenders is in court in Florida
[55:01.000 --> 55:08.000]  And the lawyer brought up the fact that they were not registered to do business in Florida
[55:08.000 --> 55:13.000]  And they said, well, they were part of Bank of America who's a national association
[55:13.000 --> 55:16.000]  Well, maybe you are a part of Bank of America who's a national association
[55:16.000 --> 55:22.000]  But you are not Bank of America and you are not a national lender
[55:22.000 --> 55:25.000]  So you have to be registered in the state
[55:25.000 --> 55:30.000]  And since you were not registered in the state, you had no authority to do business
[55:30.000 --> 55:35.000]  You got to give this guy back every dime he gave you
[55:35.000 --> 55:37.000]  And they said, well, what about the property?
[55:37.000 --> 55:40.000]  Oh, you gave that to him
[55:40.000 --> 55:43.000]  You can't take that back
[55:43.000 --> 55:46.000]  The guy won the whole enchilada
[55:46.000 --> 55:53.000]  So I'm not in foreclose that we actually, you know, Bank of America took over for Countrywide at some point
[55:53.000 --> 55:57.000]  They sent a letter saying, we're now your servicer, send us your money
[55:57.000 --> 56:04.000]  And we did that and we paid off the loan and they recorded a release
[56:04.000 --> 56:07.000]  It says grantor is MERS
[56:07.000 --> 56:12.000]  And that's basically what it says on the record, it's a one page release
[56:12.000 --> 56:14.000]  Okay, so you're
[56:14.000 --> 56:15.000]  Yeah
[56:15.000 --> 56:19.000]  You could go in and I was going to say you could go in and kick them in the butt
[56:19.000 --> 56:23.000]  And get them to make you a deal you couldn't pass up
[56:23.000 --> 56:25.000]  But you've already paid them off
[56:25.000 --> 56:26.000]  Right
[56:26.000 --> 56:30.000]  Did they send you back your original closing documents?
[56:30.000 --> 56:32.000]  No, they haven't sent me anything
[56:32.000 --> 56:34.000]  Oh, you should sue them for that
[56:34.000 --> 56:41.000]  They accept the check, they accept the check for, you know, the escrow
[56:41.000 --> 56:48.000]  You should sue them for those original closing documents
[56:48.000 --> 56:53.000]  Remember years ago people used to have mortgage burning parties?
[56:53.000 --> 56:55.000]  Mm-hmm
[56:55.000 --> 57:02.000]  They'd pay off their loan, they'd get their original mortgage papers back and they would go burn them
[57:02.000 --> 57:07.000]  They have to make sure nobody else has these
[57:07.000 --> 57:11.000]  Oh, see, I thought there was something else I needed to be getting
[57:11.000 --> 57:16.000]  And you need to be able to have a mortgage burning party, but you can't
[57:16.000 --> 57:20.000]  Because somebody out there has that mortgage
[57:20.000 --> 57:22.000]  And it probably won't be today
[57:22.000 --> 57:25.000]  Maybe tomorrow, next week, next month
[57:25.000 --> 57:31.000]  They could come back and claim that you've been paying the wrong party all this time
[57:31.000 --> 57:35.000]  Now you wind up back in court
[57:35.000 --> 57:41.000]  So you demand it back and when they don't, you sue them
[57:41.000 --> 57:46.000]  And you ask the court to order mediation to come to the table
[57:46.000 --> 57:56.000]  They give you a warranty on the mortgage and they pay you a whole bunch of money for your trouble
[57:56.000 --> 57:59.000]  They need it, they deserve it
[57:59.000 --> 58:05.000]  And the demand for the mortgage documents, I can just do that certified mail?
[58:05.000 --> 58:06.000]  Yep
[58:06.000 --> 58:09.000]  Yep, okay. Thank you, Randy
[58:09.000 --> 58:11.000]  You are welcome, okay
[58:11.000 --> 58:16.000]  This is Randy Kelton, Deborah Stevens, Wheel of Our Radio
[58:16.000 --> 58:20.000]  I called in number 512-646-1984
[58:20.000 --> 58:26.000]  We're about to go to our top of the hour break, so it's a good time to check out our sponsors
[58:26.000 --> 58:28.000]  And help support this network
[58:28.000 --> 58:35.000]  And I'm hoping that within a month or two, I will have an incarnation of the ebook online
[58:35.000 --> 58:40.000]  And I'm not going to make it free, but I'm not going to make it cost very much at all either
[58:40.000 --> 58:44.000]  But we're going to use that to help support the network
[58:44.000 --> 58:48.000]  I won't derive any profit from it, so when I get it up, I hope everybody buys it
[58:48.000 --> 58:50.000]  We'll be right back
[58:50.000 --> 58:53.000]  The Bible remains the most popular book in the world
[58:53.000 --> 58:58.000]  Yet countless readers are frustrated because they struggle to understand it
[58:58.000 --> 59:01.000]  Some new translations try to help by simplifying the text
[59:01.000 --> 59:06.000]  But in the process can compromise the profound meaning of the scripture
[59:06.000 --> 59:09.000]  Enter the recovery version
[59:09.000 --> 59:13.000]  First, this new translation is extremely faithful and accurate
[59:13.000 --> 59:18.000]  But the real story is the more than 9,000 explanatory footnotes
[59:18.000 --> 59:22.000]  Difficult and profound passages are opened up in a marvelous way
[59:22.000 --> 59:28.000]  Providing an entrance into the riches of the Word beyond which you've ever experienced before
[59:28.000 --> 59:33.000]  Bibles for America would like to give you a free recovery version simply for the asking
[59:33.000 --> 59:38.000]  This comprehensive yet compact study Bible is yours just by calling us toll free
[59:38.000 --> 59:43.000]  at 1-888-551-0102
[59:43.000 --> 59:47.000]  or by ordering online at freestudybible.com
[59:47.000 --> 59:50.000]  That's freestudybible.com
[59:50.000 --> 59:59.000]  You're listening to the Logos Radio Network at logosradionetwork.com
[59:59.000 --> 01:00:06.000]  The following news flash is brought to you by the Lone Star Lowdown
[01:00:06.000 --> 01:00:10.000]  Provided with deli bulletins for the commodities market
[01:00:10.000 --> 01:00:12.000]  Today in history
[01:00:12.000 --> 01:00:14.000]  News updates
[01:00:14.000 --> 01:00:23.000]  And the inside scoop into the tides of the alternative
[01:00:23.000 --> 01:00:30.000]  Markets for Wednesday, September 21, 2016 are currently trading with gold at $1,336.62 an ounce
[01:00:30.000 --> 01:00:44.000]  Silver $19.78 an ounce, Texas crude $43.44 a barrel, and Bitcoin is currently sitting at about $600 U.S. currency
[01:00:44.000 --> 01:00:45.000]  Today in history
[01:00:45.000 --> 01:00:57.000]  The year 1981, Sandra Day O'Connor is unanimously approved by the U.S. Senate as the first female Supreme Court Justice today in history
[01:00:57.000 --> 01:01:13.000]  In recent news, Ahmad Kham Rahami, the man sought by state investigators for possible connections to the detonating of some explosives in a dumpster in Manhattan on a route in Seaside Park, New Jersey, and in a backpack which was detonated by police around a train station in Elizabeth, got into a shootout with local PDE
[01:01:13.000 --> 01:01:19.000]  Police and FBI had announced early Monday that they were seeking Rahami in connection with the bombings in the Chelsea District
[01:01:19.000 --> 01:01:29.000]  When, as Lyndon Police Captain James Sarniki told local NBC affiliates, officers were responding to a call about a person sleeping in a doorway of a local bar turned out to be him
[01:01:29.000 --> 01:01:35.000]  When approaching, the officers noticed his resemblance to the wanted bulletin, and they then ordered him to show his hands
[01:01:35.000 --> 01:01:39.000]  Rahami pulled out a handgun and fired a shot at the officer, striking him in the abdomen
[01:01:39.000 --> 01:01:42.000]  Luckily, most of the round was stopped by a protective vest
[01:01:42.000 --> 01:01:45.000]  The officer returned fire, but Rahami simply walked away
[01:01:45.000 --> 01:01:50.000]  He was eventually shot down the street by several police officers, where again shots were exchanged
[01:01:50.000 --> 01:01:55.000]  He was taken away in an ambulance to University Hospital in Newark, where his condition is still unknown
[01:01:55.000 --> 01:02:05.000]  We have every reason to believe this was an act of terror, Mayor of New York Bill Belasio said in a news conference, also stating that investigators are not seeking any other individuals at the moment
[01:02:05.000 --> 01:02:09.000]  That is, even though apparently according to the FBI, Rahami's role in the explosives remains unknown
[01:02:09.000 --> 01:02:22.000]  Even though he was carrying a notebook containing his pro-jihadist writings, including a reference to the slain al-Qaeda terrorist Anwar al-Waqi, and notes about killing the kufar, or unbeliever, as was stated by law enforcement to the Times
[01:02:22.000 --> 01:02:31.000]  The FBI didn't disclose whether the five people taken into custody Sunday night and later released were linked to Rahami or how Rahami and his family fit into all of it
[01:02:31.000 --> 01:02:37.000]  And it was reported yesterday by the New York Times that his father told authorities two years ago that his son was a terrorist
[01:02:37.000 --> 01:02:45.000]  As of Monday, Ahmed has been charged with five counts of attempted murder on law enforcement officers and two second-degree counts of his ownership of a handgun
[01:02:45.000 --> 01:02:49.000]  Bill has been set at $5.2 million by State Superior Judge
[01:02:49.000 --> 01:03:04.000]  This is Rick Roady with your Lowdown for September 21, 2016
[01:03:19.000 --> 01:03:29.000]  This is Rick Roady with your Lowdown for September 21, 2016
[01:03:49.000 --> 01:03:59.000]  This is Rick Roady with your Lowdown for September 21, 2016
[01:03:59.000 --> 01:04:09.000]  This is Rick Roady with your Lowdown for September 21, 2016
[01:04:09.000 --> 01:04:19.000]  This is Rick Roady with your Lowdown for September 21, 2016
[01:04:19.000 --> 01:04:29.000]  This is Rick Roady with your Lowdown for September 21, 2016
[01:04:29.000 --> 01:04:39.000]  This is Rick Roady with your Lowdown for September 21, 2016
[01:04:39.000 --> 01:04:49.000]  This is Rick Roady with your Lowdown for September 21, 2016
[01:04:49.000 --> 01:04:59.000]  This is Rick Roady with your Lowdown for September 21, 2016
[01:05:19.000 --> 01:05:29.000]  This is Rick Roady with your Lowdown for September 21, 2016
[01:05:49.000 --> 01:05:59.000]  This is Rick Roady with your Lowdown for September 21, 2016
[01:06:19.000 --> 01:06:29.000]  This is Rick Roady with your Lowdown for September 21, 2016
[01:06:49.000 --> 01:06:59.000]  This is Rick Roady with your Lowdown for September 21, 2016
[01:07:19.000 --> 01:07:23.000]  I have a number of motions filed in the court
[01:07:23.000 --> 01:07:29.000]  You will adequately adjudicate every one of those
[01:07:29.000 --> 01:07:35.000]  You fail to adequately adjudicate a single one of them, I'll bargain with you
[01:07:35.000 --> 01:07:43.000]  Big long pause and the lawyer, Mr. Kelton, you would grieve me?
[01:07:43.000 --> 01:07:49.000]  And a heartbeat! Well, that terrified him
[01:07:49.000 --> 01:07:53.000]  And I suggest that you notice your lawyer the same way
[01:07:53.000 --> 01:07:57.000]  We don't have to be buddies here, Guy
[01:07:57.000 --> 01:08:05.000]  You are under contract and he's going to tell you that he's not under contract with you, he's under contract with the state
[01:08:05.000 --> 01:08:07.000]  What do you tell him, Scott?
[01:08:07.000 --> 01:08:17.000]  Tell him that that's true, you are under contract with the state, but you have been contracted to me
[01:08:17.000 --> 01:08:23.000]  Hold on, but I am the intended third party beneficiary
[01:08:23.000 --> 01:08:25.000]  Okay
[01:08:25.000 --> 01:08:31.000]  Third party beneficiary, he will know exactly what you're talking about
[01:08:31.000 --> 01:08:39.000]  And he will know you are exactly right so you can enforce the contract as if you were the principal
[01:08:39.000 --> 01:08:45.000]  That will tell him, that's where you throw down the gauntlet
[01:08:45.000 --> 01:08:55.000]  His only purpose as court appointed counsel is to make sure you don't have any grounds for appeal
[01:08:55.000 --> 01:09:01.000]  So that's his job
[01:09:01.000 --> 01:09:07.000]  Now you're going to give him all these pleadings and he's going to say, holy mackerel
[01:09:07.000 --> 01:09:15.000]  If he says he won't argue one of them, say okay, that's between you and the state bar association
[01:09:15.000 --> 01:09:19.000]  You can take that up with them
[01:09:19.000 --> 01:09:21.000]  Okay
[01:09:21.000 --> 01:09:27.000]  See, he's not going to be happy, but he doesn't need to be happy
[01:09:27.000 --> 01:09:33.000]  What he needs is plausible deniability
[01:09:33.000 --> 01:09:41.000]  He needs to be able to go into court and say, your honor, my client says
[01:09:41.000 --> 01:09:49.000]  When he uses that phrase, he's telling the judge, don't get PO'd at me, this is not my idea
[01:09:49.000 --> 01:09:55.000]  But my client's going to kick my behind if I don't do this
[01:09:55.000 --> 01:09:59.000]  So don't blame me, that's what that means
[01:09:59.000 --> 01:10:03.000]  The judge appointed this lawyer to represent you
[01:10:03.000 --> 01:10:09.000]  He's almost certainly going to be a young lawyer, generally they're just getting started out
[01:10:09.000 --> 01:10:18.000]  If they're not, if they've been around a while, then you can be pretty sure he is not one of the sharpest knives in the drawer
[01:10:18.000 --> 01:10:26.000]  Because if he was, he wouldn't be doing this indigent clients, he'd be out making the big bucks
[01:10:26.000 --> 01:10:34.000]  So in either case, he is going to be real sensitive, he is not going to want to be bar grieved
[01:10:34.000 --> 01:10:41.000]  So now he can go to the courts and say, this guy's going to grieve me out of business
[01:10:41.000 --> 01:10:47.000]  You shoved him down my throat, you need to cover my behind
[01:10:47.000 --> 01:10:56.000]  We take this politics, this good old boy thing that they've been using against us, and we turn it back on them
[01:10:56.000 --> 01:11:04.000]  In my case in Travis County, they dismissed my case to protect my lawyer from me
[01:11:04.000 --> 01:11:06.000]  Right
[01:11:06.000 --> 01:11:12.000]  And that makes it a whole lot more fun
[01:11:12.000 --> 01:11:22.000]  Hmm, so they can actually, their whole purpose is to get it to where it's not an appealable case, that's interesting
[01:11:22.000 --> 01:11:32.000]  So is there any way to, well basically you just have to tell this guy he's going to have to do everything that you ask him to do
[01:11:32.000 --> 01:11:35.000]  Okay, and you fire him at the very last minute
[01:11:35.000 --> 01:11:38.000]  No, no, don't fire him
[01:11:38.000 --> 01:11:41.000]  You start bar grieving him
[01:11:41.000 --> 01:11:45.000]  He's going to go to the court and ask the court to remove him from the case
[01:11:45.000 --> 01:11:46.000]  Right
[01:11:46.000 --> 01:11:51.000]  And you go to the court and say, don't you dare remove him from this case
[01:11:51.000 --> 01:11:55.000]  He's my lawyer and he's under contract
[01:11:55.000 --> 01:12:01.000]  That's when they'll say you're not under contract to you and that's when you'll say that you're the third party beneficiary
[01:12:01.000 --> 01:12:08.000]  So I got this guy, I own him, you're not taking him away from me
[01:12:08.000 --> 01:12:25.000]  And when you object to them withdrawing from the case, you know, the case law says that the courts are very averse to a criminal lawyer withdrawing from a case
[01:12:25.000 --> 01:12:33.000]  They'll allow it a lot easier in civil but they don't like it in criminal because your rights are at stake
[01:12:33.000 --> 01:12:38.000]  So when you object they won't let him withdraw
[01:12:38.000 --> 01:12:41.000]  Now he's stuck
[01:12:41.000 --> 01:12:48.000]  You either do what I tell you or I'll bark with you, you can explain it to the state bar
[01:12:48.000 --> 01:12:54.000]  Now he is in a position to where you're likely to ruin his career
[01:12:54.000 --> 01:12:57.000]  At least for the next year or two
[01:12:57.000 --> 01:13:01.000]  So now he can go to the judge, these guys all know each other
[01:13:01.000 --> 01:13:04.000]  They work together all the time
[01:13:04.000 --> 01:13:12.000]  Oh judge, you got to bail me out on this one, I guarantee you that's what will happen
[01:13:12.000 --> 01:13:21.000]  Okay, and then I sent you all those documents that you were talking about today
[01:13:21.000 --> 01:13:28.000]  We were talking about, but anyhow I was going to get you to see if you call up there to the courthouse and really rattle their cage
[01:13:28.000 --> 01:13:38.000]  Yeah, I'm going to call down there from Rue La Radio and I'll get Ken to call down from Mockingbird Films
[01:13:38.000 --> 01:13:39.000]  Yeah
[01:13:39.000 --> 01:13:44.000]  We have great fun doing this song and dance in Seltzer Daddy Pants
[01:13:44.000 --> 01:13:48.000]  I called a sheriff in Michigan
[01:13:48.000 --> 01:13:54.000]  And I understand that you have, I forgot what the guy's name was, in your jail
[01:13:54.000 --> 01:14:04.000]  And I'm being told that he accused the Bunsen County district attorney, that's the Bunsen County's Asheville, North Carolina
[01:14:04.000 --> 01:14:09.000]  Of using him as a mule to sell drugs for the district attorney
[01:14:09.000 --> 01:14:17.000]  And when he told the FBI the district attorney is now going after him and they had him arrested in your jail
[01:14:17.000 --> 01:14:24.000]  And the sheriff was trying to murder him by withholding his heart medicine from him
[01:14:24.000 --> 01:14:27.000]  And the man in the jail said, well I don't think that's happening
[01:14:27.000 --> 01:14:34.000]  I said, oh I don't care heck, it don't make any difference to me, this is going to make a great story
[01:14:34.000 --> 01:14:40.000]  We're coming up to Minneapolis to do some, we're doing some 10 minute YouTube videos on court corruption
[01:14:40.000 --> 01:14:48.000]  We'd like to come by and interview the sheriff and interview you just a short 10 minute for some YouTube videos
[01:14:48.000 --> 01:14:54.000]  Oh well I don't know, well contact the sheriff and tell him what I want to do so we'll be up there in about three days
[01:14:54.000 --> 01:14:59.000]  I'll let you know beforehand, just like 10 minutes of his time or so
[01:14:59.000 --> 01:15:05.000]  The next day I got a call from the people who had called me
[01:15:05.000 --> 01:15:15.000]  What did you do? I said, this guy is on an airplane right now headed back to Asheville, North Carolina
[01:15:15.000 --> 01:15:21.000]  They couldn't get him out of their jail fast enough
[01:15:21.000 --> 01:15:24.000]  This side works, they don't like the outside world looking at them
[01:15:24.000 --> 01:15:31.000]  So I'll call down to the court and do a little song and dance in Seltzer Dragon pants
[01:15:31.000 --> 01:15:37.000]  And we'll get Ken to call down there, he is better at it than me, he is really good at this
[01:15:37.000 --> 01:15:41.000]  We'll get them all hopping and jumping
[01:15:41.000 --> 01:15:47.000]  Especially since you already put out that YouTube video and got all the hits on it
[01:15:47.000 --> 01:15:52.000]  How many hits did you eventually get on that video where they broke your window out?
[01:15:52.000 --> 01:15:58.000]  It's up to 2.1 million now
[01:15:58.000 --> 01:16:02.000]  So they know you've already done that with great success
[01:16:02.000 --> 01:16:08.000]  So this ought to get them really excited
[01:16:08.000 --> 01:16:14.000]  Okay, we got a plan, I got the documents, I will look at them in the morning and get them to Ken
[01:16:14.000 --> 01:16:18.000]  And we'll start lighting their phones up
[01:16:18.000 --> 01:16:20.000]  Do you have anything else for us?
[01:16:20.000 --> 01:16:23.000]  No, I'll let you get to the next caller
[01:16:23.000 --> 01:16:25.000]  Okay, thank you Scott
[01:16:25.000 --> 01:16:31.000]  Okay, we're about to go to break, this is Randy Kelton, Deborah Stevens, Rue La Radio
[01:16:31.000 --> 01:16:39.000]  And on the break, go to Logos Radio Network and look at Amazon
[01:16:39.000 --> 01:16:50.000]  If you buy anything from Amazon, I'd like you to put a link on your browser to the link inside of Logos Radio Network
[01:16:50.000 --> 01:16:55.000]  That way when you buy something, Logos will get a percentage on you, it won't cost you anything any different
[01:16:55.000 --> 01:16:58.000]  But it'll help support the network, it won't cost you a thing
[01:16:58.000 --> 01:17:21.000]  Hang on, we'll be right back
[01:17:29.000 --> 01:17:33.000]  How to turn the financial tables on them and make them pay you to go away
[01:17:33.000 --> 01:17:38.000]  The Michael Mears proven method is the solution for how to stop debt collectors
[01:17:38.000 --> 01:17:40.000]  Personal consultation is available as well
[01:17:40.000 --> 01:17:46.000]  For more information, please visit RuleOfLawRadio.com and click on the blue Michael Mears banner
[01:17:46.000 --> 01:17:49.000]  Or email MichaelMears at Yahoo.com
[01:17:49.000 --> 01:17:51.000]  That's RuleOfLawRadio.com
[01:17:51.000 --> 01:17:57.000]  Or email M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com
[01:17:57.000 --> 01:18:00.000]  To learn how to stop debt collectors now
[01:18:00.000 --> 01:18:08.000]  NonGMOsolutions.com is now a proud sponsor of the Logos Radio Network with promo code LOGOS
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[01:19:00.000 --> 01:19:29.000]  This is the Logos Logos Radio Network
[01:19:29.000 --> 01:19:33.000]  Okay, we are back. I'm Randy Kelton, Rural Radio
[01:19:33.000 --> 01:19:39.000]  And I was informed on the break that I did not explain that very well about Amazon
[01:19:39.000 --> 01:19:49.000]  If you buy from Amazon, just put a link in your browser to Logos Radio Network
[01:19:49.000 --> 01:19:56.000]  You click on that and right on the front page at the top is a link to Amazon
[01:19:56.000 --> 01:20:06.000]  And if you buy from Amazon through that link, Logos Radio Network gets a commission from it
[01:20:06.000 --> 01:20:08.000]  Doesn't cost you anything any different
[01:20:08.000 --> 01:20:16.000]  But it's a really easy way to help support the network without it costing you anything at all
[01:20:16.000 --> 01:20:20.000]  Okay, now we're going to Olivier in Tennessee
[01:20:20.000 --> 01:20:22.000]  Hello Olivier
[01:20:22.000 --> 01:20:24.000]  Hey, hello
[01:20:24.000 --> 01:20:26.000]  Howdy, howdy
[01:20:26.000 --> 01:20:30.000]  One second, one second
[01:20:30.000 --> 01:20:33.000]  Hello, can you hear me now?
[01:20:33.000 --> 01:20:35.000]  Yeah, go ahead
[01:20:35.000 --> 01:20:41.000]  Hey, oh man, some specials going on. I don't know what's going on but
[01:20:41.000 --> 01:20:46.000]  I filed three lawsuits, they dismissed one
[01:20:46.000 --> 01:20:49.000]  I found a paper which I'm going to read over to you
[01:20:49.000 --> 01:20:57.000]  I rewritten it as you instructed me to, I haven't submitted it yet but I rewritten it
[01:20:57.000 --> 01:21:04.000]  But I went and checked on the two lawsuits that I filed for false imprisonment
[01:21:04.000 --> 01:21:10.000]  And the one for the suit against the action of my cards
[01:21:10.000 --> 01:21:14.000]  And the city has not filed the answer
[01:21:14.000 --> 01:21:16.000]  And right now we're going on 33 days
[01:21:16.000 --> 01:21:21.000]  What is the, now in Texas and in the Fed
[01:21:21.000 --> 01:21:29.000]  You have to file by the Monday following the 20th day
[01:21:29.000 --> 01:21:31.000]  Is that how it is in Tennessee?
[01:21:31.000 --> 01:21:36.000]  No, in Tennessee you have 30 days from the day you received the summits
[01:21:36.000 --> 01:21:39.000]  Okay, so how much time do they have?
[01:21:39.000 --> 01:21:44.000]  They have 30 days, today is the 33rd day
[01:21:44.000 --> 01:21:47.000]  Okay, here's how it works
[01:21:47.000 --> 01:21:52.000]  If you file a petition for no answer default
[01:21:52.000 --> 01:21:55.000]  You have a statutory right to no answer default
[01:21:55.000 --> 01:22:04.000]  And generally you take your certificate of service, the green card
[01:22:04.000 --> 01:22:08.000]  And you take a motion for no answer default to the court
[01:22:08.000 --> 01:22:16.000]  No, mine was delivered by server and it's recorded in the court records already
[01:22:16.000 --> 01:22:23.000]  Okay, so you already have established the date that service was made
[01:22:23.000 --> 01:22:31.000]  Yeah, I got it, the clerk signed up on the 16th and I served both defendants on the 20th
[01:22:31.000 --> 01:22:33.000]  Wait a minute, you served them?
[01:22:33.000 --> 01:22:36.000]  Well no, not me but my server
[01:22:36.000 --> 01:22:41.000]  Okay, so you had a process server do it, so that's established, perfect
[01:22:41.000 --> 01:22:45.000]  So all you do is go down and file a motion for no answer default
[01:22:45.000 --> 01:22:49.000]  You give it to the clerk and usually the clerk can sign off on it
[01:22:49.000 --> 01:22:55.000]  She looks at the date of service, she looks at today's date
[01:22:55.000 --> 01:23:02.000]  She looks in the public record in the court file and she doesn't see an answer, she signs it
[01:23:02.000 --> 01:23:10.000]  Now, if before you get your motion for default judgment in
[01:23:10.000 --> 01:23:17.000]  Then if the other side gets an answer in that's late
[01:23:17.000 --> 01:23:23.000]  You can no longer ask for no answer default, even if it's late
[01:23:23.000 --> 01:23:31.000]  Now what you have to come back and do is file a motion to strike the answer as out of time
[01:23:31.000 --> 01:23:35.000]  And then ask for default judgment, does that make sense?
[01:23:35.000 --> 01:23:40.000]  Yeah, that makes sense, I mean if they go down that route, thanks for telling me that
[01:23:40.000 --> 01:23:45.000]  But that's not what the rules, that's not the rules that I found
[01:23:45.000 --> 01:23:53.000]  Our rules say once that 30 day is up, you can no longer answer
[01:23:53.000 --> 01:23:59.000]  Okay, here's the deal, all the rules are the same way
[01:23:59.000 --> 01:24:07.000]  But in the real world we live in, it says you must answer within this time
[01:24:07.000 --> 01:24:10.000]  But what if you don't, what's the remedy?
[01:24:10.000 --> 01:24:12.000]  It says automatic
[01:24:12.000 --> 01:24:18.000]  Hold on, hold on, those rules are not automatically implemented
[01:24:18.000 --> 01:24:19.000]  Okay
[01:24:19.000 --> 01:24:24.000]  If you don't claim the rule, then you can waive the rule
[01:24:24.000 --> 01:24:30.000]  So if the time runs out and you haven't petitioned for no answer default
[01:24:30.000 --> 01:24:38.000]  And the other side files, now you have to object to that filing as being untimely
[01:24:38.000 --> 01:24:44.000]  Because it is actually a filing in the court and the court has to deal with it
[01:24:44.000 --> 01:24:47.000]  So you have to bring it to their attention
[01:24:47.000 --> 01:24:53.000]  Now if you don't raise an objection, then the filing is okay, they'll accept it
[01:24:53.000 --> 01:24:57.000]  We're saying the same thing, but we just did it differently
[01:24:57.000 --> 01:25:05.000]  Okay, well the point is, everybody needs to understand that just because the rules say something
[01:25:05.000 --> 01:25:10.000]  Doesn't mean they automatically self-implement themselves
[01:25:10.000 --> 01:25:17.000]  You have to bring it up, if you don't raise an objection, the court's going to say you waived it
[01:25:17.000 --> 01:25:24.000]  Right, I understand, so that's why I'm like, I'm giddy because now I filed an amendment
[01:25:24.000 --> 01:25:28.000]  Where I raised the amount to $750,000
[01:25:28.000 --> 01:25:32.000]  Do I get the amendment heard first before?
[01:25:32.000 --> 01:25:34.000]  Hold on, hold on
[01:25:34.000 --> 01:25:43.000]  When you filed the amendment that restarted the clock
[01:25:43.000 --> 01:25:44.000]  That's not what
[01:25:44.000 --> 01:25:49.000]  Okay, hold on, what's in your amendment?
[01:25:49.000 --> 01:25:52.000]  Let me back up and tell you why I asked that question
[01:25:52.000 --> 01:25:59.000]  When you filed an amended pleading, the original pleading is gone
[01:25:59.000 --> 01:26:05.000]  Everything you want has to be in that amended pleading
[01:26:05.000 --> 01:26:10.000]  Anything that's not in the amended that was in the original is not asked for anymore
[01:26:10.000 --> 01:26:16.000]  Did you file a complete filing in your amendment and just change the amount?
[01:26:16.000 --> 01:26:24.000]  I changed the amount, but I also put a documentation of why the amount was changed
[01:26:24.000 --> 01:26:33.000]  No, no, no, in your amended pleading, did you file the full original suit just with these changes?
[01:26:33.000 --> 01:26:34.000]  Yes
[01:26:34.000 --> 01:26:43.000]  Oh good, okay, because we've had people that filed an amended and they only filed what was new
[01:26:43.000 --> 01:26:45.000]  And that negated everything else
[01:26:45.000 --> 01:26:54.000]  Okay, once you file the amended, the clock restart the date you filed the amended
[01:26:54.000 --> 01:26:57.000]  Because the original pleading is gone
[01:26:57.000 --> 01:27:05.000]  Okay, but because I have included the original pleading, it's still good
[01:27:05.000 --> 01:27:06.000]  Is that correct?
[01:27:06.000 --> 01:27:18.000]  No, you still have all your claims, but the original filing date that they had to answer to that original pleading, data pleading is now void
[01:27:18.000 --> 01:27:24.000]  So now they have to answer 30 days from the date of your amended pleading
[01:27:24.000 --> 01:27:32.000]  I haven't delivered the, I haven't delivered or requested a date for the amended pleading to be heard yet
[01:27:32.000 --> 01:27:35.000]  It doesn't matter, did you file the amended pleading?
[01:27:35.000 --> 01:27:41.000]  No, I didn't file it, I have it, wait, wait, did I, did I, yes I did
[01:27:41.000 --> 01:27:43.000]  Yes I did
[01:27:43.000 --> 01:27:49.000]  Did you, if you didn't take it down and file it with the court and serve it on the other side?
[01:27:49.000 --> 01:27:52.000]  Did I serve it, I don't think I, yes I served it
[01:27:52.000 --> 01:27:59.000]  Okay, then the date they received that amended restarts their clock
[01:27:59.000 --> 01:28:06.000]  Okay, I hear what you're saying, but I don't see that in the court rules, my court, the court rules stay different
[01:28:06.000 --> 01:28:08.000]  Okay, be careful
[01:28:08.000 --> 01:28:22.000]  It says that at any time, I read it carefully at the amendment part, it said at any time, it said at any time and it said that if it's past this certain date
[01:28:22.000 --> 01:28:30.000]  the plaintiff will have to request permission from the court and then it said the court will grant it
[01:28:30.000 --> 01:28:34.000]  You're talking about your ability to file an amended pleading
[01:28:34.000 --> 01:28:35.000]  Right
[01:28:35.000 --> 01:28:42.000]  Yeah, that's almost everywhere, everybody gets one amended pleading
[01:28:42.000 --> 01:28:50.000]  But the effect of filing that amended pleading eliminates the original pleading
[01:28:50.000 --> 01:28:59.000]  And what the courts are going to tell you, that when you file that amended pleading, the clock restarts on their time to answer
[01:28:59.000 --> 01:29:08.000]  If you have filed the original, the amended pleading before they answer the original
[01:29:08.000 --> 01:29:15.000]  If they've answered the original and you file an amended, they don't even have to answer the amended
[01:29:15.000 --> 01:29:19.000]  They probably should, but they don't have to
[01:29:19.000 --> 01:29:24.000]  So you file the amended clock start, I mean you file the original, the clock starts
[01:29:24.000 --> 01:29:30.000]  And file an amended, then the original is rendered void, doesn't exist anymore
[01:29:30.000 --> 01:29:34.000]  And the clock restarts on the amended
[01:29:34.000 --> 01:29:39.000]  That's only if they haven't answered, if they've already answered, there is no clock
[01:29:39.000 --> 01:29:41.000]  They don't have to answer the amended at all
[01:29:41.000 --> 01:29:48.000]  If they haven't answered the original, then they have to answer the amended within the 30 day time limit
[01:29:48.000 --> 01:29:53.000]  I would be very careful about that, you might want to talk to a lawyer to make sure
[01:29:53.000 --> 01:30:00.000]  But you don't want to ask for no answer default if they still have time in the clock
[01:30:00.000 --> 01:30:05.000]  To say children are a big commitment is an understatement
[01:30:05.000 --> 01:30:10.000]  Raising a family takes enormous energy, love and patience, and of course, lots of money
[01:30:10.000 --> 01:30:16.000]  I'm Dr. Catherine Albrecht and I'll be back with the USDA's shocking estimate of the cost to raise a child
[01:30:16.000 --> 01:30:18.000]  Privacy is under attack
[01:30:18.000 --> 01:30:22.000]  When you give up data about yourself, you'll never get it back again
[01:30:22.000 --> 01:30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:30:27.000 --> 01:30:32.000]  So protect your rights, say no to surveillance and keep your information to yourself
[01:30:32.000 --> 01:30:35.000]  Privacy, it's worth hanging on to
[01:30:35.000 --> 01:30:38.000]  This public service announcement is brought to you by Startpage.com
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[01:30:45.000 --> 01:30:50.000]  Raising a child is expensive, but just how expensive is a real eye-opener?
[01:30:50.000 --> 01:30:58.000]  According to the U.S. Department of Agriculture, it costs about $286,000 to raise a middle-class child through age 17
[01:30:58.000 --> 01:31:01.000]  That's nearly $16,000 a year
[01:31:01.000 --> 01:31:07.000]  That estimate includes housing, food, transportation, clothing, health care, and things like haircuts and music lessons
[01:31:07.000 --> 01:31:12.000]  But it doesn't include one of the biggest expenses parents incur, the cost of higher education
[01:31:12.000 --> 01:31:18.000]  In-state college tuition and fees at public universities currently run about $7,000 a year
[01:31:18.000 --> 01:31:21.000]  And they're expected to rise faster than the rate of inflation
[01:31:21.000 --> 01:31:22.000]  Yikes
[01:31:22.000 --> 01:31:27.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com
[01:31:31.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives
[01:31:46.000 --> 01:31:49.000]  And thousands of my fellow first responders are dying
[01:31:49.000 --> 01:31:50.000]  I'm not a conspiracy theorist
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer
[01:31:51.000 --> 01:31:53.000]  I'm a New York City correction officer
[01:31:53.000 --> 01:31:54.000]  I'm an Air Force pilot
[01:31:54.000 --> 01:31:55.000]  I'm a father who lost his son
[01:31:55.000 --> 01:31:58.000]  We are Americans and we deserve the truth
[01:31:58.000 --> 01:32:01.000]  Go to RememberBuilding7.org today
[01:32:01.000 --> 01:32:03.000]  Hey, it's Danny here for Hill Country Home Improvements
[01:32:03.000 --> 01:32:06.000]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.000 --> 01:32:09.000]  Come on, we all know the government caused it with their Kim Trails
[01:32:09.000 --> 01:32:11.000]  But good luck getting them to pay for it
[01:32:11.000 --> 01:32:13.000]  Okay, I might be kidding about the Kim Trails
[01:32:13.000 --> 01:32:14.000]  But I'm serious about your roof
[01:32:14.000 --> 01:32:16.000]  That's why you have insurance
[01:32:16.000 --> 01:32:21.000]  And Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense
[01:32:21.000 --> 01:32:27.000]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with zero complaints
[01:32:27.000 --> 01:32:32.000]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time
[01:32:32.000 --> 01:32:38.000]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com
[01:32:38.000 --> 01:32:41.000]  Mention the crypto show and get $100 off
[01:32:41.000 --> 01:32:46.000]  And we'll donate another $100 to the Logos Radio Network to help continue this programming
[01:32:46.000 --> 01:32:51.000]  So if those out-of-town roofers come knocking, your door should be locking
[01:32:51.000 --> 01:32:57.000]  That's 512-992-8745 or hillcountryhomeimprovements.com
[01:32:57.000 --> 01:32:59.000]  Discounts are based on full roof replacement
[01:32:59.000 --> 01:33:02.000]  May not actually be kidding about Kim Trails
[01:33:02.000 --> 01:33:05.000]  You are listening to the Logos Radio Network
[01:33:05.000 --> 01:33:12.000]  Logosradionetwork.com
[01:33:12.000 --> 01:33:14.000]  Yeah, who you want to chip?
[01:33:14.000 --> 01:33:15.000]  Who you take me for?
[01:33:15.000 --> 01:33:16.000]  Free Tony?
[01:33:16.000 --> 01:33:17.000]  Who you want to chip?
[01:33:17.000 --> 01:33:18.000]  I'm not free Tony
[01:33:18.000 --> 01:33:19.000]  You can't chip me
[01:33:19.000 --> 01:33:21.000]  All the time
[01:33:21.000 --> 01:33:23.000]  Don't let them chip you in the morning
[01:33:23.000 --> 01:33:24.000]  Chip you in the evening
[01:33:24.000 --> 01:33:26.000]  Put a chip in your body
[01:33:26.000 --> 01:33:28.000]  And then when you go computer reading
[01:33:28.000 --> 01:33:30.000]  You can't hide me safe from nobody
[01:33:30.000 --> 01:33:32.000]  When you say chip in on your mom
[01:33:32.000 --> 01:33:34.000]  Chip in on your daddy
[01:33:34.000 --> 01:33:36.000]  Okay, we are back
[01:33:36.000 --> 01:33:40.000]  Randy Kelton, Deborah Stevens, Ruevon Radio
[01:33:40.000 --> 01:33:44.000]  And we're talking to Olivier in Tennessee
[01:33:44.000 --> 01:33:48.000]  And okay, Olivier, does that make sense?
[01:33:48.000 --> 01:33:49.000]  It makes sense
[01:33:49.000 --> 01:33:50.000]  I know what you're saying
[01:33:50.000 --> 01:33:52.000]  You're telling me to watch out for it
[01:33:52.000 --> 01:33:55.000]  But when I read the local rules
[01:33:55.000 --> 01:33:57.000]  It's clear
[01:33:57.000 --> 01:34:00.000]  It's clear that it tells you that
[01:34:00.000 --> 01:34:05.000]  Me, I have authority to be admitted at any time during the trial
[01:34:05.000 --> 01:34:06.000]  Yes, it does
[01:34:06.000 --> 01:34:08.000]  And ours says the same thing
[01:34:08.000 --> 01:34:14.000]  But does it tell you the effect of filing the amended pleading?
[01:34:14.000 --> 01:34:18.000]  Yes, it does
[01:34:18.000 --> 01:34:20.000]  I mean, yes, it does
[01:34:20.000 --> 01:34:24.000]  But it doesn't say anything about restarting anything
[01:34:24.000 --> 01:34:29.000]  Okay, these are the kinds of things that you find in the case law
[01:34:29.000 --> 01:34:32.000]  It gives us a spot where it tells that
[01:34:32.000 --> 01:34:38.000]  There are certain things you can't amend for
[01:34:38.000 --> 01:34:41.000]  I guess that's what you're talking about
[01:34:41.000 --> 01:34:43.000]  If you amend for these things
[01:34:43.000 --> 01:34:47.000]  Then it would constitute a restart of something
[01:34:47.000 --> 01:34:52.000]  It had a section in there where it said certain things
[01:34:52.000 --> 01:34:55.000]  It's not that you can't amend it
[01:34:55.000 --> 01:34:57.000]  But there's going to be special
[01:34:57.000 --> 01:35:02.000]  Yes, and just talk to your lawyer and ask him
[01:35:02.000 --> 01:35:04.000]  If I file an amended pleading
[01:35:04.000 --> 01:35:08.000]  Before the other side answered my original
[01:35:08.000 --> 01:35:11.000]  Does the clock restart?
[01:35:11.000 --> 01:35:15.000]  I can find that in the federal case law
[01:35:15.000 --> 01:35:18.000]  Yes, check the federal case law
[01:35:18.000 --> 01:35:20.000]  The case law is just as good
[01:35:20.000 --> 01:35:21.000]  But check that out
[01:35:21.000 --> 01:35:25.000]  So you want to make absolutely sure you don't ask for default
[01:35:25.000 --> 01:35:28.000]  Until they're absolutely in default
[01:35:28.000 --> 01:35:32.000]  Because if you do, you give them fair warning
[01:35:32.000 --> 01:35:35.000]  And that's the last thing you want to do is give them fair warning
[01:35:35.000 --> 01:35:38.000]  Bushwhacks a whole lot better
[01:35:38.000 --> 01:35:42.000]  Well, actually, I don't think they can answer the complaint
[01:35:42.000 --> 01:35:44.000]  They're written too well
[01:35:44.000 --> 01:35:53.000]  I had a motion put in just because I wanted the judge to see who he was dealing with
[01:35:53.000 --> 01:35:55.000]  When he filed that dismissal
[01:35:55.000 --> 01:35:59.000]  And when they came in there, they were looking bewildered
[01:35:59.000 --> 01:36:02.000]  I don't think they're going to answer
[01:36:02.000 --> 01:36:03.000]  They can't
[01:36:03.000 --> 01:36:09.000]  They knew of the date
[01:36:09.000 --> 01:36:13.000]  Because we had a court date before then
[01:36:13.000 --> 01:36:15.000]  They knew of the date
[01:36:15.000 --> 01:36:16.000]  Oh, yeah
[01:36:16.000 --> 01:36:20.000]  If they had a court date and they didn't answer something
[01:36:20.000 --> 01:36:23.000]  Then they have imputed knowledge
[01:36:23.000 --> 01:36:24.000]  They know the court date
[01:36:24.000 --> 01:36:26.000]  I'm sorry, not imputed knowledge
[01:36:26.000 --> 01:36:29.000]  They're constructive notice
[01:36:29.000 --> 01:36:30.000]  Okay
[01:36:30.000 --> 01:36:33.000]  For instance, you file this suit
[01:36:33.000 --> 01:36:35.000]  And then they don't answer it
[01:36:35.000 --> 01:36:40.000]  And you file a motion for something minor
[01:36:40.000 --> 01:36:44.000]  Or like we had a case where they didn't answer the suit
[01:36:44.000 --> 01:36:51.000]  But a lawyer filed a notice of representation
[01:36:51.000 --> 01:36:53.000]  Now, wait a minute
[01:36:53.000 --> 01:36:54.000]  You can't
[01:36:54.000 --> 01:37:00.000]  Now, the only argument you can make in a no answer default is lack of service
[01:37:00.000 --> 01:37:04.000]  Or some excusable error
[01:37:04.000 --> 01:37:07.000]  But if you file a notice of representation
[01:37:07.000 --> 01:37:10.000]  Then you absolutely know about the suit
[01:37:10.000 --> 01:37:15.000]  So you cannot now, you waive any claim of service
[01:37:15.000 --> 01:37:16.000]  Yeah
[01:37:16.000 --> 01:37:19.000]  So if they have appeared in court or done anything
[01:37:19.000 --> 01:37:23.000]  They waived any objection to service
[01:37:23.000 --> 01:37:28.000]  They sent me a letter saying that they're representing the city in this case and in that case
[01:37:28.000 --> 01:37:29.000]  That's enough
[01:37:29.000 --> 01:37:31.000]  You got them
[01:37:31.000 --> 01:37:33.000]  And how I know is
[01:37:33.000 --> 01:37:35.000]  How I know they're not going to answer it
[01:37:35.000 --> 01:37:39.000]  Because I filed a false imprisonment suit at the same time
[01:37:39.000 --> 01:37:42.000]  They didn't answer that one either
[01:37:42.000 --> 01:37:44.000]  It goes to no answer default
[01:37:44.000 --> 01:37:45.000]  Yeah
[01:37:45.000 --> 01:37:47.000]  And then the thing is
[01:37:47.000 --> 01:37:50.000]  I'm trying to file an amended plea on that one too
[01:37:50.000 --> 01:37:52.000]  Because I only asked for 200 grand
[01:37:52.000 --> 01:37:53.000]  When I'm trying to find out
[01:37:53.000 --> 01:37:55.000]  I calculate the mass and everything
[01:37:55.000 --> 01:37:59.000]  It's over 500 grand
[01:37:59.000 --> 01:38:02.000]  So plus all the other charges
[01:38:02.000 --> 01:38:07.000]  I went ahead and put on that 1.5 mil
[01:38:07.000 --> 01:38:08.000]  Be careful
[01:38:08.000 --> 01:38:09.000]  Submitted
[01:38:09.000 --> 01:38:11.000]  I haven't submitted yet
[01:38:11.000 --> 01:38:13.000]  All my calculations are there
[01:38:13.000 --> 01:38:18.000]  I'm actually asking for less
[01:38:18.000 --> 01:38:22.000]  If they're in a position of no answer default
[01:38:22.000 --> 01:38:25.000]  I would not touch that suit
[01:38:25.000 --> 01:38:28.000]  I would change nothing
[01:38:28.000 --> 01:38:32.000]  Because if you force them into a position to where they have to answer
[01:38:32.000 --> 01:38:34.000]  You can be sure the courts will rule against it
[01:38:34.000 --> 01:38:36.000]  You'll lose the case
[01:38:36.000 --> 01:38:39.000]  If you're pro se, they're going to rule against you
[01:38:39.000 --> 01:38:44.000]  If you can get a no answer default and get your payout
[01:38:44.000 --> 01:38:47.000]  Don't touch it
[01:38:47.000 --> 01:38:49.000]  Get your payout
[01:38:49.000 --> 01:38:52.000]  You raise the amount too high and they'll have to fight you too hard
[01:38:52.000 --> 01:38:58.000]  You wind up spending years fighting them and getting nothing
[01:38:58.000 --> 01:39:00.000]  I don't know
[01:39:00.000 --> 01:39:04.000]  They know they have at least four or five more coming
[01:39:04.000 --> 01:39:09.000]  Now they've colluded and looked at my record
[01:39:09.000 --> 01:39:10.000]  They're like, wait a minute
[01:39:10.000 --> 01:39:12.000]  He's suing for something old
[01:39:12.000 --> 01:39:17.000]  He's going to sue for all this stuff too
[01:39:17.000 --> 01:39:23.000]  That's just from my experience
[01:39:23.000 --> 01:39:27.000]  If you get a shot at getting a clean win
[01:39:27.000 --> 01:39:28.000]  Take that shot
[01:39:28.000 --> 01:39:30.000]  Now when you go back and fight with them
[01:39:30.000 --> 01:39:33.000]  You're fighting with using their money and not yours
[01:39:33.000 --> 01:39:35.000]  Here's one thing though
[01:39:35.000 --> 01:39:37.000]  I asked for a jury trial
[01:39:37.000 --> 01:39:41.000]  On some of the compensation
[01:39:41.000 --> 01:39:43.000]  I wanted the jury to award it
[01:39:43.000 --> 01:39:46.000]  Because to me it was very sentimental
[01:39:46.000 --> 01:39:49.000]  I wanted somebody else to tell me how much I deserved
[01:39:49.000 --> 01:39:52.000]  If you get no answer default
[01:39:52.000 --> 01:39:57.000]  You get the maximum amount you asked for
[01:39:57.000 --> 01:39:59.000]  I get that
[01:39:59.000 --> 01:40:04.000]  There were certain charges that I wanted the jury to award the amount
[01:40:04.000 --> 01:40:07.000]  Well, I don't understand your point
[01:40:07.000 --> 01:40:10.000]  If you win the whole enchilada
[01:40:10.000 --> 01:40:15.000]  Why would you want to go back and risk the jury not giving you anything?
[01:40:15.000 --> 01:40:17.000]  No, the amount
[01:40:17.000 --> 01:40:21.000]  The jury can award you one dollar
[01:40:21.000 --> 01:40:23.000]  They can award you anything they want
[01:40:23.000 --> 01:40:27.000]  So you go before a jury, it's always a risk
[01:40:27.000 --> 01:40:29.000]  I had two different sets of amounts
[01:40:29.000 --> 01:40:31.000]  I had one set that I wanted awarded
[01:40:31.000 --> 01:40:33.000]  And there was another set of charges
[01:40:33.000 --> 01:40:40.000]  That I wanted the juries to decide on how bad the city acted
[01:40:40.000 --> 01:40:42.000]  Or how bad it was
[01:40:42.000 --> 01:40:45.000]  I wanted them to put the amount on it
[01:40:45.000 --> 01:40:47.000]  It was the amount I asked for
[01:40:47.000 --> 01:40:49.000]  But that amount was for false imprisonment
[01:40:49.000 --> 01:40:52.000]  Or my inverse condemnation
[01:40:52.000 --> 01:40:55.000]  Then all the federal civil rights and everything
[01:40:55.000 --> 01:40:59.000]  I wanted the jury because I wanted them to hear
[01:40:59.000 --> 01:41:01.000]  I wanted them to see the government
[01:41:01.000 --> 01:41:03.000]  Why?
[01:41:03.000 --> 01:41:05.000]  Why did you want a jury to hear it?
[01:41:05.000 --> 01:41:09.000]  Why? Because when they hear it, they can apply that to their own lives
[01:41:09.000 --> 01:41:10.000]  They can apply that
[01:41:10.000 --> 01:41:11.000]  Wait a minute
[01:41:11.000 --> 01:41:13.000]  No, no, wait a minute
[01:41:13.000 --> 01:41:20.000]  And at the end of the day, how did you expect the end result to be different?
[01:41:20.000 --> 01:41:22.000]  Different?
[01:41:22.000 --> 01:41:23.000]  Yeah
[01:41:23.000 --> 01:41:25.000]  No one knows about this
[01:41:25.000 --> 01:41:27.000]  No one knows about
[01:41:27.000 --> 01:41:30.000]  Listen, you're in court here
[01:41:30.000 --> 01:41:34.000]  And it sounds like you wanted the jury to do this
[01:41:34.000 --> 01:41:37.000]  Because it would make you feel better
[01:41:37.000 --> 01:41:42.000]  I wanted them to do this because I wanted to inform them
[01:41:42.000 --> 01:41:44.000]  Because they're in a position of power
[01:41:44.000 --> 01:41:49.000]  When we get our rights infected or hurt
[01:41:49.000 --> 01:41:51.000]  When our rights get hurt, we come to the court
[01:41:51.000 --> 01:41:52.000]  We come to the people
[01:41:52.000 --> 01:41:55.000]  If the people don't understand what our rights are
[01:41:55.000 --> 01:41:57.000]  If people don't understand the statutes
[01:41:57.000 --> 01:41:59.000]  And the city code and what they mean
[01:41:59.000 --> 01:42:00.000]  And how you apply what
[01:42:00.000 --> 01:42:01.000]  Okay, now wait a minute
[01:42:01.000 --> 01:42:04.000]  Wait a minute, you're going into this long dissertation
[01:42:04.000 --> 01:42:05.000]  What was your
[01:42:05.000 --> 01:42:09.000]  Are you trying to use the jury to teach people?
[01:42:09.000 --> 01:42:13.000]  I'm trying to use the jury to teach the city a lesson
[01:42:13.000 --> 01:42:15.000]  So they can see how bad
[01:42:15.000 --> 01:42:16.000]  How bad that
[01:42:16.000 --> 01:42:18.000]  You said how blatant
[01:42:18.000 --> 01:42:19.000]  Okay
[01:42:19.000 --> 01:42:20.000]  How blatant it is
[01:42:20.000 --> 01:42:27.000]  Let me suggest to you that trying to teach these people something is a fool's errand
[01:42:27.000 --> 01:42:30.000]  They don't care
[01:42:30.000 --> 01:42:36.000]  All they care about is today and how much problems I have in front of me today
[01:42:36.000 --> 01:42:39.000]  And how can I make these problems go away the easiest
[01:42:39.000 --> 01:42:45.000]  I assure you these lawyers and these city officials aren't going to learn anything
[01:42:45.000 --> 01:42:50.000]  The only way you affect them is with the bottom line
[01:42:50.000 --> 01:42:53.000]  The money
[01:42:53.000 --> 01:42:54.000]  I want the jury to punish them
[01:42:54.000 --> 01:42:59.000]  And I know I want the jury to see that the money is what caused all this
[01:42:59.000 --> 01:43:02.000]  And now it's your turn to beat them with the belt
[01:43:02.000 --> 01:43:06.000]  How much money do you think I deserve for this?
[01:43:06.000 --> 01:43:09.000]  How would you feel if this happened to you?
[01:43:09.000 --> 01:43:14.000]  I'm just thinking that you have more faith in juries than I do
[01:43:14.000 --> 01:43:15.000]  Well
[01:43:15.000 --> 01:43:21.000]  I've been really clobbered by juries
[01:43:21.000 --> 01:43:22.000]  They don't know
[01:43:22.000 --> 01:43:25.000]  They don't do what you'd expect them to do
[01:43:25.000 --> 01:43:26.000]  On compensation
[01:43:26.000 --> 01:43:27.000]  Well, okay
[01:43:27.000 --> 01:43:29.000]  So what should I do then?
[01:43:29.000 --> 01:43:31.000]  Just take the money and run and do not
[01:43:31.000 --> 01:43:34.000]  Take your money and run and then come back
[01:43:34.000 --> 01:43:42.000]  Use that money to come back and go after them using their own money to do it
[01:43:42.000 --> 01:43:47.000]  And then when you can't get a no answer default and they actually fight you
[01:43:47.000 --> 01:43:50.000]  Now you plea to the jury
[01:43:50.000 --> 01:43:53.000]  Now you go to the jury and get the jury to fill in for you
[01:43:53.000 --> 01:43:55.000]  Hang on, about to go to break
[01:43:55.000 --> 01:43:58.000]  We've got two more call-ins, only got one segment left
[01:43:58.000 --> 01:44:00.000]  Hang on
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[01:46:26.000 --> 01:46:39.000]  Okay, we are back, Randy Kelkin, Deborah Stevens, Rule of Law Radio
[01:46:39.000 --> 01:46:42.000]  and we're talking to Olivier in Tennessee
[01:46:42.000 --> 01:46:48.000]  Okay, Olivier, we do need to move along, do you have anything else for us?
[01:46:48.000 --> 01:46:53.000]  Yeah, they told my BMW, we finally got in the court date
[01:46:53.000 --> 01:47:00.000]  I was sitting in front of the judge explaining that the officer was troubling him now
[01:47:00.000 --> 01:47:07.000]  He got to work one day and he got orders to go remove cars or there was a complaint
[01:47:07.000 --> 01:47:09.000]  and he cited the court and everything
[01:47:09.000 --> 01:47:15.000]  The judge asked me what I had to say, I was like, well, Your Honor, he cited me under 10-101
[01:47:15.000 --> 01:47:21.000]  which is a shitty code and says a certain misdemeanor is under state law
[01:47:21.000 --> 01:47:24.000]  Over here he writes, abandonment
[01:47:24.000 --> 01:47:33.000]  I look up this, abandonment, it's not even anywhere on these two citations
[01:47:33.000 --> 01:47:38.000]  that the officer refers to any state of law which gives him authority to do anything
[01:47:38.000 --> 01:47:43.000]  The judge is looking at me, he looks over everything on the paper
[01:47:43.000 --> 01:47:49.000]  and he asked the cop, well, what state of law were you using?
[01:47:49.000 --> 01:47:54.000]  I feel like, well, what happened was the chief told me to get it done
[01:47:54.000 --> 01:48:00.000]  and I'm sitting here like, are you serious? Are you telling the conspiracy right in court?
[01:48:00.000 --> 01:48:03.000]  Like, I write lawsuits, you are telling me that they conspired
[01:48:03.000 --> 01:48:05.000]  You're telling me, I'm like, oh my God
[01:48:05.000 --> 01:48:10.000]  and the judge is looking at him like, that doesn't make no sense
[01:48:10.000 --> 01:48:12.000]  Then the judge was like, it was a city court
[01:48:12.000 --> 01:48:15.000]  The judge was like, well, is there a city attorney here?
[01:48:15.000 --> 01:48:19.000]  A city attorney, dude, dressed all nice, thousand dollar suit, walks up there
[01:48:19.000 --> 01:48:21.000]  I'm like, what the heck?
[01:48:21.000 --> 01:48:24.000]  He's like, well, the problem has been fixed, Your Honor
[01:48:24.000 --> 01:48:30.000]  It was an ordinance where they had nothing to write him up under
[01:48:30.000 --> 01:48:32.000]  and it was a transition time
[01:48:32.000 --> 01:48:36.000]  and I'm just sitting there looking at him like, man, shh, be quiet
[01:48:36.000 --> 01:48:42.000]  The judge was looking at me, I said, Your Honor, I object to this
[01:48:42.000 --> 01:48:46.000]  and he was like, I'm going to overrule that
[01:48:46.000 --> 01:48:50.000]  but I just want to hear what he has to say
[01:48:50.000 --> 01:48:53.000]  So he finished his law in a field that went nowhere
[01:48:53.000 --> 01:48:58.000]  Then the judge was like, I'm sorry, this is dismissed
[01:48:58.000 --> 01:49:06.000]  You can't do that, you can't restrict anyone from something that they're not privileged to do
[01:49:06.000 --> 01:49:12.000]  and the cop was just sitting there like, oh, and I'm walking out the door throwing the money sign up
[01:49:12.000 --> 01:49:17.000]  because that card was worth $40,000, inverse combination by
[01:49:17.000 --> 01:49:23.000]  That's what I was thinking, that you essentially got Rez Judicata
[01:49:23.000 --> 01:49:28.000]  or more correctly, the collateral estoppel
[01:49:28.000 --> 01:49:31.000]  Yes, so that's three times the value
[01:49:31.000 --> 01:49:37.000]  So it's already been ruled that what they did was improper
[01:49:37.000 --> 01:49:39.000]  Yes
[01:49:39.000 --> 01:49:42.000]  Now it's just a matter of how much money you get
[01:49:42.000 --> 01:49:44.000]  Yes
[01:49:44.000 --> 01:49:47.000]  Wonderful, so you're going to be working on their money anyway
[01:49:47.000 --> 01:49:51.000]  Yes, and I'll be seeing you soon, sir
[01:49:51.000 --> 01:49:53.000]  I'll be seeing you soon
[01:49:53.000 --> 01:49:55.000]  I need to cut you short
[01:49:55.000 --> 01:49:59.000]  Why don't you call back in tomorrow night, I want to hear more about this
[01:49:59.000 --> 01:50:01.000]  I will, I will
[01:50:01.000 --> 01:50:02.000]  Alright
[01:50:02.000 --> 01:50:04.000]  Okay, thank you Olivier
[01:50:04.000 --> 01:50:09.000]  Okay, now we're going to Doug in Texas, Doug in Ohio, hello Doug
[01:50:09.000 --> 01:50:11.000]  Hey, good evening Randy
[01:50:11.000 --> 01:50:17.000]  Good evening, we have a Doug in Texas, he likes to call in and beat me up and work me over
[01:50:17.000 --> 01:50:21.000]  I kind of miss him, he hasn't done that to me in a while
[01:50:21.000 --> 01:50:25.000]  Okay, what do you have for us today?
[01:50:25.000 --> 01:50:30.000]  Well, I'm in bankruptcy now and I've stopped the IRS from stealing my money
[01:50:30.000 --> 01:50:40.000]  but I got a phone call and said from a named person that I'm maybe looking at a criminal indictment from the IRS
[01:50:40.000 --> 01:50:47.000]  so if I don't answer the call, that's an intentional avoidance of appearing before magistrate, yada yada
[01:50:47.000 --> 01:50:55.000]  So, and I know that the federal courts sometimes, at least here they do in Cleveland, Ohio, have secret grand juries
[01:50:55.000 --> 01:51:02.000]  so I'm wondering if I ought to go down and just go to the grand jury forum and say hey, what's going on and how do I start
[01:51:02.000 --> 01:51:08.000]  Okay, wait a minute, hold on, this is an IRS court?
[01:51:08.000 --> 01:51:13.000]  No, it's, I don't know exactly but I believe it would be even federal court
[01:51:13.000 --> 01:51:19.000]  You have to look at this real close because the IRS has what they call an IRS court
[01:51:19.000 --> 01:51:26.000]  but that's not a court, it's an internal revenue service administrative hearing
[01:51:26.000 --> 01:51:29.000]  but they call it court
[01:51:29.000 --> 01:51:30.000]  I see
[01:51:30.000 --> 01:51:42.000]  If they're using that, then this, what they're doing is exerting or purporting to exert authority they don't expressly have
[01:51:42.000 --> 01:51:53.000]  and that under 18 U.S. Code 242 is a class A misdemeanor in the Fed and every state has an official misconduct statute
[01:51:53.000 --> 01:52:03.000]  If in fact they're threatening to take an action against you that they cannot legally take, that's criminal
[01:52:03.000 --> 01:52:07.000]  Okay, that was 18 U.S. Code 242?
[01:52:07.000 --> 01:52:09.000]  242
[01:52:09.000 --> 01:52:11.000]  Uh huh, okay
[01:52:11.000 --> 01:52:18.000]  And you will have a state statute that reflects it, every state has one
[01:52:18.000 --> 01:52:28.000]  and it says essentially that if a public official exerts or purports to exert an authority he does not expressly have
[01:52:28.000 --> 01:52:35.000]  and in the process denies a citizen in the pool and free access to or enjoyment of right, that's a crime
[01:52:35.000 --> 01:52:41.000]  Everywhere I've looked at it's class A misdemeanor, next thing to a felony, it's a big deal
[01:52:41.000 --> 01:52:43.000]  Wow, okay
[01:52:43.000 --> 01:52:52.000]  So now you want to see the specific authority for ordering you to appear at whatever this is
[01:52:52.000 --> 01:52:58.000]  Okay, what did you receive? Did you receive a court order?
[01:52:58.000 --> 01:53:01.000]  No, it's just a phone call
[01:53:01.000 --> 01:53:14.000]  Ooh, and by phone they ordered you to appear on threat of criminal prosecution if you didn't?
[01:53:14.000 --> 01:53:17.000]  I think that's the essence of it, yes
[01:53:17.000 --> 01:53:21.000]  Is there any chance you had that recorded?
[01:53:21.000 --> 01:53:24.000]  It's on my phone machine, yes
[01:53:24.000 --> 01:53:33.000]  Oh wonderful, okay this is what I suggest you do, take that recording and turn it into a transcript
[01:53:33.000 --> 01:53:34.000]  Okay
[01:53:34.000 --> 01:53:39.000]  Then you can testify to exactly what was said
[01:53:39.000 --> 01:53:44.000]  They may want to raise an issue to a recording and this is how I get around those
[01:53:44.000 --> 01:53:55.000]  I went to court one day several years ago and they're asking me about a business transaction I'd entered into several years earlier
[01:53:55.000 --> 01:53:59.000]  and I'm telling them exactly what happened
[01:53:59.000 --> 01:54:07.000]  and the prosecutor, the opposing counsel said well Mr. Counselor you're being very specific here
[01:54:07.000 --> 01:54:14.000]  Sure that's precisely what happened, I said that's exactly what was said
[01:54:14.000 --> 01:54:19.000]  Well Mr. Counselor you must have a perfect memory, oh no I have a horrible memory
[01:54:19.000 --> 01:54:24.000]  and I could see the judge out of the corner of my eye, he kind of ducked his head
[01:54:24.000 --> 01:54:28.000]  because he saw it coming, the lawyer, he never snapped
[01:54:28.000 --> 01:54:34.000]  Oh you have a horrible memory and you're telling us exactly what was said?
[01:54:34.000 --> 01:54:41.000]  Well yes and the judge I can see him shaking his head like Counselor don't keep going down this road
[01:54:41.000 --> 01:54:46.000]  Well Mr. Kelton if you have such a horrible memory how do you know that's correct?
[01:54:46.000 --> 01:54:49.000]  I took it from the transcript
[01:54:49.000 --> 01:54:54.000]  The transcript, what transcript? The one I made for the recording, objection
[01:54:54.000 --> 01:55:03.000]  No Counselor, you opened this door, Mr. Kelton gets to walk through it
[01:55:03.000 --> 01:55:12.000]  If you make a recording, make a transcript, speak to the transcript not the recording
[01:55:12.000 --> 01:55:16.000]  and then when they question the veracity of your statement
[01:55:16.000 --> 01:55:23.000]  that gives you foundation for entering the recording
[01:55:23.000 --> 01:55:26.000]  You got to have foundation to bring it in
[01:55:26.000 --> 01:55:32.000]  and him questioning the veracity of your statements which are based on the transcript
[01:55:32.000 --> 01:55:37.000]  that gives you foundation to bring in the recording, does that make sense?
[01:55:37.000 --> 01:55:46.000]  Sort of, are you suggesting I should go ahead and go into this IRS venue then?
[01:55:46.000 --> 01:55:52.000]  Well check and you need to find out what he's really talking about
[01:55:52.000 --> 01:56:01.000]  What is the hearing or the meeting or whatever it is, what is it that you're being required to appear at?
[01:56:01.000 --> 01:56:06.000]  So what is the IRS doing?
[01:56:06.000 --> 01:56:14.000]  Does this have to do with failure to file or does it have to do with something within the filing?
[01:56:14.000 --> 01:56:18.000]  Do they claim you owe money that you're trying to collect
[01:56:18.000 --> 01:56:23.000]  or are they trying to determine how much they think you owe, what is the situation?
[01:56:23.000 --> 01:56:36.000]  No, that was a question, we're trying to find out what was it that the person on the phone was asking you to do
[01:56:36.000 --> 01:56:43.000]  No, no that was a question
[01:56:43.000 --> 01:56:50.000]  When you received the call, what did they tell you you had to do or they would prosecute you?
[01:56:50.000 --> 01:57:00.000]  They said that if I avoided answering, I think something like this, if I avoided answering
[01:57:00.000 --> 01:57:08.000]  I would be admitting that I was avoiding appearing before a federal magistrate and a grand jury
[01:57:08.000 --> 01:57:16.000]  Oh okay, they're saying that if you didn't answer then you would have to appear before a grand jury, a magistrate and a grand jury
[01:57:16.000 --> 01:57:20.000]  Something like that, I have to listen to the message to get the exact date down
[01:57:20.000 --> 01:57:24.000]  Okay, look at the message because that sounds like horse manure
[01:57:24.000 --> 01:57:31.000]  That sounds like just a horse manure threat
[01:57:31.000 --> 01:57:38.000]  In order for that to occur you would have to have a very specific statutory duty to respond
[01:57:38.000 --> 01:57:45.000]  You would have to be responding under oath, this would have to be a hearing or something
[01:57:45.000 --> 01:57:54.000]  Okay, make that call tomorrow and then maybe call you tomorrow night and fill you in with some more details
[01:57:54.000 --> 01:57:57.000]  Yes, that would be great
[01:57:57.000 --> 01:58:00.000]  Okay, now let's go to the next caller then
[01:58:00.000 --> 01:58:08.000]  Okay, I'm afraid that we are out of time, Stephen in California, I am sorry, we've got 45 seconds left
[01:58:08.000 --> 01:58:13.000]  If we will call back tomorrow, I will bump you to the top of the list
[01:58:13.000 --> 01:58:19.000]  I'm sorry we didn't get to you, this is Randy Kelkin, Debra Stevens with Reliever Radio
[01:58:19.000 --> 01:58:25.000]  We'll be back tomorrow night for our four hour info marathon, so make sure you listen in
[01:58:25.000 --> 01:58:32.000]  And make sure you listen to Eddie on Monday nights for his two hour traffic show
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[01:58:43.000 --> 01:58:50.000]  Thank you all for listening and good night
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