[00:00.000 --> 00:06.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:06.000 --> 00:09.000]  They guarantee the specific freedoms Americans should know and protect.
[00:09.000 --> 00:11.000]  Our liberty depends on it.
[00:11.000 --> 00:14.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[00:14.000 --> 00:17.000]  to remember one of your constitutional rights.
[00:17.000 --> 00:19.000]  Privacy is under attack.
[00:19.000 --> 00:22.000]  When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.000 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:35.000]  Privacy, it's worth hanging on to.
[00:35.000 --> 00:38.000]  This public service announcement is brought to you by Startpage.com,
[00:38.000 --> 00:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
[00:42.000 --> 00:46.000]  Start over with Startpage.
[00:46.000 --> 00:51.000]  Most of us know that taking the fifth means you're choosing to remain silent about a criminal matter.
[00:51.000 --> 00:55.000]  It's a good way to remember that the Fifth Amendment spells out what can and can't happen to you
[00:55.000 --> 00:58.000]  when you're accused of a criminal offense.
[00:58.000 --> 01:03.000]  The Fifth guarantees due process, prohibits trying someone more than once for the same crime,
[01:03.000 --> 01:05.000]  and lets you keep your mouth shut.
[01:05.000 --> 01:10.000]  The Founding Fathers inserted these constitutional provisions to protect citizens from torture.
[01:10.000 --> 01:14.000]  Back in the day, governments often used painful methods to extract confessions.
[01:14.000 --> 01:19.000]  The Fifth Amendment also prohibits the government from taking your house and land without paying you for it.
[01:19.000 --> 01:21.000]  That used to happen a lot too.
[01:21.000 --> 01:32.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32.000 --> 01:36.000]  The Bill of Rights contains the first ten amendments of our Constitution
[01:36.000 --> 01:39.000]  that guarantee the specific freedoms Americans should know and protect.
[01:39.000 --> 01:41.000]  Our liberty depends on it.
[01:41.000 --> 01:47.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:47.000 --> 01:53.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:53.000 --> 01:58.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:58.000 --> 02:03.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[02:03.000 --> 02:05.000]  Privacy, it's worth hanging on to.
[02:05.000 --> 02:09.000]  This public service announcement is brought to you by StartPage.com,
[02:09.000 --> 02:13.000]  the private search engine alternative to Google, Yahoo, and Bing.
[02:13.000 --> 02:16.000]  Start over with StartPage.
[02:16.000 --> 02:19.000]  The number 666 reminds me of evil.
[02:19.000 --> 02:24.000]  I also associate it with the sick feeling one might get when falsely accused of a heinous crime
[02:24.000 --> 02:28.000]  or when thinking about sickos who actually do commit acts of murder and mayhem.
[02:28.000 --> 02:32.000]  Either way, the number 666 can help you remember that the Sixth Amendment
[02:32.000 --> 02:37.000]  deals with the constitutionally guaranteed rights Americans have in a criminal trial.
[02:37.000 --> 02:41.000]  Those include the right to a speedy public trial, the right to an impartial jury,
[02:41.000 --> 02:46.000]  the right to full information about the charges, the right to an attorney,
[02:46.000 --> 02:48.000]  and the right to confront any witnesses face to face.
[02:48.000 --> 02:53.000]  666, sick, sickos, and the Sixth Amendment. Get it?
[02:53.000 --> 03:12.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:23.000 --> 03:28.000]  What are you going to do?
[03:28.000 --> 03:31.000]  Bad boys, bad boys, what are you going to do?
[03:31.000 --> 03:33.000]  What are you going to do when they come for you?
[03:33.000 --> 03:36.000]  Bad boys, bad boys, what are you going to do?
[03:36.000 --> 03:39.000]  What are you going to do when they come for you?
[03:39.000 --> 03:42.000]  When you were eight and you had bad trees,
[03:42.000 --> 03:44.000]  you'd go to school and learn the golden rules.
[03:44.000 --> 03:47.000]  So why are you acting like a bloody fool?
[03:47.000 --> 03:50.000]  And if you get high and your mouth just cools,
[03:50.000 --> 03:53.000]  Bad boys, bad boys, what are you going to do?
[03:53.000 --> 03:55.000]  What are you going to do when they come for you?
[03:55.000 --> 03:59.000]  Bad boys, bad boys, what are you going to do?
[03:59.000 --> 04:01.000]  What are you going to do when they come for you?
[04:01.000 --> 04:04.000]  You chuck it on that one. You chuck it on that one.
[04:04.000 --> 04:07.000]  You chuck it on your mother. And you chuck it on your father.
[04:07.000 --> 04:09.000]  You chuck it on your brother. And you chuck it on your sister.
[04:09.000 --> 04:12.000]  You chuck it on that one. And you chuck it on me!
[04:12.000 --> 04:15.000]  Bad boys, bad boys, what are you going to do?
[04:15.000 --> 04:18.000]  What are you going to do when they come for you?
[04:18.000 --> 04:33.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:33.000 --> 04:38.000]  Nobody not give you no break, police not give you no break,
[04:38.000 --> 04:55.000]  that old soldier might not give you no break, that chief in your eye do not give you no break.
[04:55.000 --> 05:08.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[05:26.000 --> 05:33.000]  Why did you have to act so mean? Don't you know you're a human being?
[05:33.000 --> 05:37.000]  Born of a mother with a lover, father, father, reflection,
[05:37.000 --> 05:43.000]  don't let the reflection go, I know sometimes you wanna let go.
[05:43.000 --> 05:49.000]  Hey, hey, hey, I know sometimes you wanna let go.
[05:49.000 --> 06:00.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[06:00.000 --> 06:11.000]  You're too bad, you're too blue, you're too bad, you're too blue.
[06:11.000 --> 06:22.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[06:22.000 --> 06:25.000]  You chuck it on that one, you chuck it on this one.
[06:25.000 --> 06:28.000]  You chuck it on your mother and you chuck it on your father.
[06:28.000 --> 06:31.000]  You chuck it on your brother and you chuck it on your sister.
[06:31.000 --> 06:33.000]  You chuck it on that one and you chuck it on me.
[06:33.000 --> 06:43.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[07:03.000 --> 07:11.000]  Randy Kelton, Brett Fountain, Rule of Law Radio on this, the 19th day of January.
[07:11.000 --> 07:15.000]  Is that wary or rare? That's wary.
[07:15.000 --> 07:18.000]  The first Gregorian month of the year.
[07:18.000 --> 07:27.000]  That's the one, 2023. 2023, yeah, 2023.
[07:27.000 --> 07:34.000]  I've been taking these statin drugs and they do strange things to your mind.
[07:34.000 --> 07:39.000]  Okay, I think I've got the wrong drugs.
[07:39.000 --> 07:42.000]  Did you get it from that sketch guy on the corner?
[07:42.000 --> 07:48.000]  I've been driving all day, so I'm still coming down from that.
[07:48.000 --> 07:54.000]  I've been in Austin, been to the state bar, got some names.
[07:54.000 --> 07:59.000]  I've been to the governor's office and the lieutenant governor's office
[07:59.000 --> 08:11.000]  and the office of a state senator who is on the criminal justice senate subcommittee.
[08:11.000 --> 08:13.000]  And now I need somebody from the House.
[08:13.000 --> 08:27.000]  Promoting them to ask the legislature to issue a statement of legislative intent.
[08:27.000 --> 08:34.000]  Does it need any new law? Does it need any funding?
[08:34.000 --> 08:45.000]  It just needs the legislature to instruct the courts that when they added this subordinate clause to 14.06,
[08:45.000 --> 08:51.000]  14.06 authorizes a policeman to arrest someone for an on-site offense,
[08:51.000 --> 08:57.000]  but directs the policeman to take the person directly to the nearest magistrate.
[08:57.000 --> 09:08.000]  In about 1965, they added this subordinate clause, comma, or in order to more expeditiously provide the warnings in 15.17.
[09:08.000 --> 09:10.000]  And those are the Miranda warnings.
[09:10.000 --> 09:16.000]  Why they need a magistrate to do that, I have no idea because a policeman can do it.
[09:16.000 --> 09:18.000]  But they put that in there.
[09:18.000 --> 09:30.000]  In order to provide the warnings in 15.17, the officer may take the accused to any other county in Texas.
[09:30.000 --> 09:34.000]  Key operative word, other.
[09:34.000 --> 09:45.000]  So if you are in the county of jurisdiction, the accused has a right to examine trial in the county of jurisdiction.
[09:45.000 --> 09:50.000]  If they're arrested out of county, a magistrate can hold an examining trial,
[09:50.000 --> 09:55.000]  but they have a right to another one when they get in county.
[09:55.000 --> 09:59.000]  I think that's why it's confusing for the prosecutors that never do this.
[09:59.000 --> 10:01.000]  I think that's what's confusing.
[10:01.000 --> 10:06.000]  They skip over that part about the fact that it's saying in the county,
[10:06.000 --> 10:12.000]  and they focus on the part about they have a right to it in a felony.
[10:12.000 --> 10:15.000]  They're missing the boat.
[10:15.000 --> 10:27.000]  It's a little more confusing than that because 15.17 says that the magistrate shall issue these warnings.
[10:27.000 --> 10:30.000]  It doesn't tell them to do anything else.
[10:30.000 --> 10:38.000]  So they're saying if you follow this subordinate clause and take them to a magistrate,
[10:38.000 --> 10:42.000]  the magistrate needs to issue these warnings, and that's all they have to do.
[10:42.000 --> 10:49.000]  Well, no, the magistrate's got several other things to do over there in 15.17.
[10:49.000 --> 10:55.000]  But none of it goes to an examining trial, and they're using that.
[10:55.000 --> 11:03.000]  They're saying somehow that if you take someone to a magistrate in some other county,
[11:03.000 --> 11:09.000]  that it really doesn't matter if it's some other county, it can be the county of jurisdiction, doesn't matter.
[11:09.000 --> 11:13.000]  All the magistrate has to do is give them warnings.
[11:13.000 --> 11:14.000]  You know what I'm saying?
[11:14.000 --> 11:16.000]  Well, wait a minute.
[11:16.000 --> 11:21.000]  You can't interpret the statute that way.
[11:21.000 --> 11:23.000]  Thank you.
[11:23.000 --> 11:27.000]  Because if you interpret the statute that way,
[11:27.000 --> 11:35.000]  then it renders the statute not in paramateria with the rest of the code.
[11:35.000 --> 11:40.000]  It has the effect of eliminating an entire chapter of the code.
[11:40.000 --> 11:43.000]  Under the Statutory Construction Act,
[11:43.000 --> 11:51.000]  you cannot interpret a statute in a way that would cause it to be in conflict with another code.
[11:51.000 --> 12:02.000]  So I'm asking the legislature to instruct the courts that this 15.17 statute
[12:02.000 --> 12:09.000]  only applies if the person is arrested out of county.
[12:09.000 --> 12:11.000]  They can give them these warnings,
[12:11.000 --> 12:15.000]  and it's not necessary for them to do an examining trial at that time.
[12:15.000 --> 12:23.000]  But when they get back to the county of regional jurisdiction, they must give them an examining trial.
[12:23.000 --> 12:26.000]  It won't cost you any money.
[12:26.000 --> 12:29.000]  It doesn't require any new legislation,
[12:29.000 --> 12:36.000]  and it could save the county's hundreds of millions a year
[12:36.000 --> 12:43.000]  and could well eliminate this mass incarceration problem
[12:43.000 --> 12:50.000]  because no longer could a policeman arrest someone on a whim.
[12:50.000 --> 12:57.000]  Because if they do this, then they should also authorize the policeman
[12:57.000 --> 13:02.000]  to use electronic media to contact the magistrate.
[13:02.000 --> 13:06.000]  So take out your cell phone, call the magistrate,
[13:06.000 --> 13:08.000]  tell him you've arrested this guy.
[13:08.000 --> 13:11.000]  The magistrate's going to tell you, well, give him the phone.
[13:11.000 --> 13:15.000]  He gives him the phone, it reads the guy's rights,
[13:15.000 --> 13:19.000]  and the first thing he tells you he can do
[13:19.000 --> 13:24.000]  is you have the right to enter a statement in the court
[13:24.000 --> 13:28.000]  before any evidence is presented against you.
[13:28.000 --> 13:34.000]  Now, every lawyer I say that to, they hop up and down real fast and say,
[13:34.000 --> 13:36.000]  oh, bad idea, bad idea.
[13:36.000 --> 13:40.000]  And I agree, it's probably a bad idea.
[13:40.000 --> 13:45.000]  However, but the prosecutors would love that.
[13:45.000 --> 13:48.000]  It is statutory.
[13:48.000 --> 13:53.000]  It's right there in 16.04, Texas Code of Criminal Procedure.
[13:53.000 --> 13:59.000]  The magistrate must give them that right.
[13:59.000 --> 14:01.000]  Can you see it?
[14:01.000 --> 14:06.000]  People call into our show, and as much as they want remedy,
[14:06.000 --> 14:11.000]  more than that, they want to be heard.
[14:11.000 --> 14:13.000]  Nobody hears their side.
[14:13.000 --> 14:15.000]  They're arrested, they're prosecuted.
[14:15.000 --> 14:19.000]  Nobody ever cares about their side of the story.
[14:19.000 --> 14:21.000]  They need to hear.
[14:21.000 --> 14:22.000]  They need to be heard.
[14:22.000 --> 14:26.000]  So then the guy says whatever he wants to.
[14:26.000 --> 14:30.000]  He gives the phone back to the officer.
[14:30.000 --> 14:35.000]  The officer tells his side and the magistrate
[14:35.000 --> 14:41.000]  either allows the officer to take the person to jail or orders him to release.
[14:41.000 --> 14:49.000]  But in either case, the policeman does not hold the key to the jailhouse door.
[14:49.000 --> 14:53.000]  That's what was intended by this statute,
[14:53.000 --> 14:59.000]  and that will eliminate a policeman arrested for some stupid reason like,
[14:59.000 --> 15:09.000]  oh, he said damn and some bitch in a soft voice in the district attorney's private office.
[15:09.000 --> 15:14.000]  That's when he arrested me before and took me to jail, inside the courthouse.
[15:14.000 --> 15:19.000]  After, he knew I was going to file criminal charges against him
[15:19.000 --> 15:24.000]  because he blocked me from getting to the nearest magistrate.
[15:24.000 --> 15:29.000]  Then he arrests me, and I'm 30 feet from the magistrate.
[15:29.000 --> 15:34.000]  The magistrate's on the other side of the door next to us that goes in the corner.
[15:34.000 --> 15:38.000]  And that's where he was supposed to take me, where he just blocked me.
[15:38.000 --> 15:41.000]  But that's exactly who he didn't want you to see.
[15:41.000 --> 15:43.000]  Exactly.
[15:43.000 --> 15:51.000]  So if we can get him to do this, we undermine this whole procedure.
[15:51.000 --> 15:54.000]  So that's what I've been working on all day,
[15:54.000 --> 16:01.000]  and I'm getting a pretty good response from these officials.
[16:01.000 --> 16:03.000]  Now I'm sending them briefs.
[16:03.000 --> 16:07.000]  I asked them to get me an appointment with their best lawyer,
[16:07.000 --> 16:13.000]  preferably their most sophisticated, meanest lawyer.
[16:13.000 --> 16:16.000]  Give me the best you got, and I'll work him over.
[16:16.000 --> 16:18.000]  I'll walk him through the codes.
[16:18.000 --> 16:21.000]  So that's what I'm working on.
[16:21.000 --> 16:24.000]  That's what I've been down there this weekend doing.
[16:24.000 --> 16:35.000]  And I'm also getting ready to sue another jurisdiction.
[16:35.000 --> 16:38.000]  Who are you going to sue next?
[16:38.000 --> 16:43.000]  This is a woman that was arrested in Nordstrom for no mask.
[16:43.000 --> 16:46.000]  They did all kind of stuff wrong.
[16:46.000 --> 16:49.000]  And this is Carabelle.
[16:49.000 --> 16:53.000]  And she's going to wipe the floor with them.
[16:53.000 --> 16:54.000]  Hang on.
[16:54.000 --> 16:55.000]  Randy Kelton, brief out.
[16:55.000 --> 17:01.000]  We'll be right back.
[17:01.000 --> 17:05.000]  Through advances in technology, our lives have greatly improved,
[17:05.000 --> 17:07.000]  except in the area of nutrition.
[17:07.000 --> 17:10.000]  People feed their pets better than they feed themselves,
[17:10.000 --> 17:12.000]  and it's time we changed all that.
[17:12.000 --> 17:16.000]  The primary defense against aging and disease in this toxic environment
[17:16.000 --> 17:18.000]  is good nutrition.
[17:18.000 --> 17:21.000]  In a world where natural foods have been irradiated, adulterated,
[17:21.000 --> 17:26.000]  and mutilated, Young Jeopardy can provide the nutrients you need.
[17:26.000 --> 17:30.000]  Logos Radio Network gets many requests to endorse all sorts of products,
[17:30.000 --> 17:32.000]  most of which we reject.
[17:32.000 --> 17:35.000]  We have come to trust Young Jeopardy so much,
[17:35.000 --> 17:39.000]  we became a marketing distributor along with Alex Jones, Ben Fuchs,
[17:39.000 --> 17:40.000]  and many others.
[17:40.000 --> 17:43.000]  When you order from LogosRadioNetwork.com,
[17:43.000 --> 17:48.000]  your health will improve as you help support quality radio.
[17:48.000 --> 17:52.000]  As you realize the benefits of Young Jeopardy, you may want to join us.
[17:52.000 --> 17:55.000]  As a distributor, you can experience improved health,
[17:55.000 --> 17:59.000]  help your friends and family, and increase your income.
[17:59.000 --> 18:01.000]  Order now.
[18:01.000 --> 18:04.000]  Are you looking to have a closer relationship with God
[18:04.000 --> 18:06.000]  and a better understanding of His Word?
[18:06.000 --> 18:11.000]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time
[18:11.000 --> 18:15.000]  for Scripture Talk, where Nana and her guests discuss the Scriptures
[18:15.000 --> 18:18.000]  in accord with 2 Timothy 2.15.
[18:18.000 --> 18:20.000]  Study to show thyself approved unto God,
[18:20.000 --> 18:25.000]  a workman that needeth not to be ashamed, rightly dividing the word of truth.
[18:25.000 --> 18:28.000]  Starting in January, our first-hour studies are in the Book of Mark,
[18:28.000 --> 18:32.000]  where we'll go verse by verse and discuss the true Gospel message.
[18:32.000 --> 18:36.000]  Our second-hour topical studies will vary each week with discussions
[18:36.000 --> 18:39.000]  on sound doctrine and Christian character development.
[18:39.000 --> 18:44.000]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:44.000 --> 18:47.000]  Our goal is to strengthen our faith and to transform ourselves
[18:47.000 --> 18:50.000]  more into the likeness of our Lord and Savior Jesus.
[18:50.000 --> 18:54.000]  So tune in to Scripture Talk live on LogosRadioNetwork.com
[18:54.000 --> 19:02.000]  Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
[19:02.000 --> 19:11.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:11.000 --> 19:35.000]  Music
[19:35.000 --> 19:37.000]  Okay, we are back.
[19:37.000 --> 19:41.000]  We're at the Kelton Brett Fountain Radio and we've had some callers
[19:41.000 --> 19:43.000]  that's having trouble pulling the streams.
[19:43.000 --> 19:46.000]  All those streams are working, so if you're not getting the sound,
[19:46.000 --> 19:48.000]  check your systems.
[19:48.000 --> 19:50.000]  All the 64K streams are working.
[19:50.000 --> 19:54.000]  There's a 16K that might be pulled from somewhere.
[19:54.000 --> 19:56.000]  It might be that TXLR.
[19:56.000 --> 19:57.000]  I'm not sure.
[19:57.000 --> 20:01.000]  Whoever's repeating a 16K stream might not be getting it right now.
[20:01.000 --> 20:07.000]  But all the 64s are good and we see a bunch of people are pulling it.
[20:07.000 --> 20:10.000]  Yes, that's what I was going to say.
[20:10.000 --> 20:16.000]  I would have said that if I had known to say that, but anyway.
[20:16.000 --> 20:21.000]  And it looks like at the top of the website, if you go to LogosRadioNetwork.com,
[20:21.000 --> 20:27.000]  you can just click the play button and that is working.
[20:27.000 --> 20:32.000]  Okay.
[20:32.000 --> 20:36.000]  I have the phone lines turned on.
[20:36.000 --> 20:40.000]  We've got Chris from Colorado and I'm glad he's up top because we missed him last time.
[20:40.000 --> 20:41.000]  Hello, Chris.
[20:41.000 --> 20:45.000]  What do you have for us today?
[20:45.000 --> 20:46.000]  Hello, gentlemen.
[20:46.000 --> 20:47.000]  Hey, Randy here, Brett.
[20:47.000 --> 20:49.000]  How are you just, guys, tonight?
[20:49.000 --> 20:51.000]  Good evening.
[20:51.000 --> 20:58.000]  So I have, if it's too technical for tonight, just tell me to call back.
[20:58.000 --> 21:04.000]  I have a hurdle and I've kind of stumbled on here where I was reading through the penal code in Colorado
[21:04.000 --> 21:09.000]  and this trespassing that I got arrested for.
[21:09.000 --> 21:11.000]  They have three levels.
[21:11.000 --> 21:14.000]  They have first and second and third degree trespass.
[21:14.000 --> 21:18.000]  And third degree just last year was dumped down to a petty offense.
[21:18.000 --> 21:20.000]  It used to be a misdemeanor.
[21:20.000 --> 21:26.000]  So it's just one of those things that people kind of take for granted unless you get arrested for it,
[21:26.000 --> 21:28.000]  then it becomes an issue.
[21:28.000 --> 21:33.000]  But first and second degree both have a knowing element.
[21:33.000 --> 21:35.000]  It says it right there in the status check.
[21:35.000 --> 21:42.000]  Someone who knowingly illegally enters somebody's dwelling or vehicle or a fence line property, et cetera.
[21:42.000 --> 21:43.000]  That's the degrees.
[21:43.000 --> 21:48.000]  But a third degree is you could literally fall onto somebody's property by accident
[21:48.000 --> 21:52.000]  and you're now guilty of third degree trespass.
[21:52.000 --> 21:56.000]  So, but they left out, they left, that's literally what they're doing.
[21:56.000 --> 21:59.000]  It's ridiculous.
[21:59.000 --> 22:02.000]  So they left out a knowing element on this.
[22:02.000 --> 22:09.000]  However, in I'd say 2016, 18, somewhere in there, the jury instruction was updated.
[22:09.000 --> 22:17.000]  And they said if a culpable mind may be applicable, then the jury needs to look at that.
[22:17.000 --> 22:19.000]  And they haven't given them any further instructions.
[22:19.000 --> 22:23.000]  So this is where the average DA stops.
[22:23.000 --> 22:29.000]  This is where the average DA who's fresh out of law school who is the ones we're dealing with stops.
[22:29.000 --> 22:31.000]  They don't look any deeper.
[22:31.000 --> 22:34.000]  And so they're prosecuting people based on this.
[22:34.000 --> 22:44.000]  Now, if I look further in the criminal code, I should say, and that's where it says we're getting this thing called
[22:44.000 --> 22:46.000]  for the culpable mental state.
[22:46.000 --> 22:50.000]  Crimes in the state of Colorado require a culpable mental state.
[22:50.000 --> 22:52.000]  They have to know they're committing the crime.
[22:52.000 --> 22:57.000]  However, there are things called strict liability crimes, such as DUIs, things of that nature,
[22:57.000 --> 23:02.000]  where it doesn't matter if you knew or not, you're getting hit for it.
[23:02.000 --> 23:13.000]  So I'm trying to create a situation where they can't get in and they can't get out of this without addressing it.
[23:13.000 --> 23:17.000]  So if it gets to a higher court and appeals, things like that, they're going to have to make a ruling.
[23:17.000 --> 23:21.000]  So far what I've seen in case law, nobody's made a ruling on this.
[23:21.000 --> 23:32.000]  So I'm trying to create a situation for this vagueness and this administrative error where I put them on the spot.
[23:32.000 --> 23:34.000]  And that's how I'm trying to word it.
[23:34.000 --> 23:37.000]  Basically, what they have to prove is that this is a strict liability crime.
[23:37.000 --> 23:40.000]  They're not going to be able to do that because it doesn't exist.
[23:40.000 --> 23:44.000]  But I can't get a public defender to wrap her head around that.
[23:44.000 --> 23:52.000]  I'm trying to figure out how to back these guys into a corner based on the errors and the vagueness of the statute.
[23:52.000 --> 23:56.000]  And I'm wondering if you can just state it like that.
[23:56.000 --> 23:58.000]  But that's my technicality tonight.
[23:58.000 --> 24:01.000]  That's my hurdle if you guys have any insight.
[24:01.000 --> 24:11.000]  Well, what occurs to me is that you're not going to back these guys into a corner because if there's something about it that's vague,
[24:11.000 --> 24:18.000]  then they always end up being able to just wiggle any way they want to.
[24:18.000 --> 24:28.000]  And you've got to challenge the constitutionality of the vague statute in order to get that locked down
[24:28.000 --> 24:39.000]  or get them in trouble to where they feel the heat and they don't want to interpret it the way they used to want to interpret it.
[24:39.000 --> 24:43.000]  I don't know of another way to back them into a corner.
[24:43.000 --> 24:53.000]  You need them not to want to risk a decision in your favor.
[24:53.000 --> 25:01.000]  You say in order for a crime to be a crime, there must be mens rea.
[25:01.000 --> 25:08.000]  If someone's drunk and driving drunk, you can say, well, he's so sloshed he don't know what he's doing.
[25:08.000 --> 25:13.000]  But he knew what he was doing when he started drinking.
[25:13.000 --> 25:17.000]  So he had the necessary mens rea.
[25:17.000 --> 25:32.000]  But if he took an aspirin and somebody tampered with the pills at the pharmacy and injected them with a hallucinogen,
[25:32.000 --> 25:41.000]  and he takes it and he gets whacked out, there's no mens rea, no matter how drunk he is.
[25:41.000 --> 25:46.000]  They can't get past mens rea.
[25:46.000 --> 25:49.000]  Well, I agree with you.
[25:49.000 --> 25:54.000]  But we have these DAs and these public offenders in Colorado for some reason.
[25:54.000 --> 25:57.000]  They're going through them like candy.
[25:57.000 --> 26:02.000]  Thirteen new DAs just in this one county in the past six months.
[26:02.000 --> 26:05.000]  Three of them are left.
[26:05.000 --> 26:09.000]  Three or four of them, I think, have some experience, like a couple of years.
[26:09.000 --> 26:12.000]  Thirteen are brand new, like fresh out of law school.
[26:12.000 --> 26:20.000]  We get this goofball, like the last one I saw, who thought that I was trying to submit a document through the court through him.
[26:20.000 --> 26:26.000]  And then he thought I was trying to get him to proofread it when, I mean, this is how stupid they are.
[26:26.000 --> 26:33.000]  So I guess the reason I'm asking this question is how to word it, because I think it's a good strategy.
[26:33.000 --> 26:35.000]  I'm just not sure how to enter this in yet.
[26:35.000 --> 26:46.000]  There was a guy I heard who got sued by somebody for – what do you call it when you say something about somebody and it's not slander, but they don't like it.
[26:46.000 --> 26:47.000]  Liable?
[26:47.000 --> 26:50.000]  Liable is if you write it.
[26:50.000 --> 26:51.000]  Okay.
[26:51.000 --> 26:53.000]  No, he just said it on a social media.
[26:53.000 --> 26:55.000]  And this guy didn't like it, so he sued him.
[26:55.000 --> 26:56.000]  And he called him out.
[26:56.000 --> 26:57.000]  He called this guy out lying.
[26:57.000 --> 26:59.000]  And apparently he was.
[26:59.000 --> 27:00.000]  So he sued him in court.
[27:00.000 --> 27:01.000]  They were in court for a while.
[27:01.000 --> 27:05.000]  Well, how he got out of it is he found a liability.
[27:05.000 --> 27:12.000]  He found a procedural liability that if the court ruled either way, it would create a precedent.
[27:12.000 --> 27:18.000]  So the court, instead of ruling to create a precedent, they just dismissed him from the case.
[27:18.000 --> 27:19.000]  And that's what he did.
[27:19.000 --> 27:20.000]  Okay.
[27:20.000 --> 27:23.000]  That's where I wanted to go to.
[27:23.000 --> 27:29.000]  You want to ask a question they do not want answered.
[27:29.000 --> 27:33.000]  You want – whatever they do, they create a precedent.
[27:33.000 --> 27:39.000]  They're saying in this statute that mens rea is not required.
[27:39.000 --> 27:43.000]  And you're saying absolutely it's required.
[27:43.000 --> 27:49.000]  And if they get a ruling in your favor, then they're screwed the way they've been using it.
[27:49.000 --> 27:55.000]  They're not going to want that to take the risk of that getting to court.
[27:55.000 --> 27:56.000]  Well, I don't know.
[27:56.000 --> 28:02.000]  You're dealing with chump prosecutors who probably don't have enough sense to understand that.
[28:02.000 --> 28:05.000]  Probably.
[28:05.000 --> 28:06.000]  Well –
[28:06.000 --> 28:10.000]  Probably they'll have a mentor or a judge somewhere that's going to tell them,
[28:10.000 --> 28:13.000]  hey, guys, you might not want to go here.
[28:13.000 --> 28:15.000]  You might not like the answer you get.
[28:15.000 --> 28:19.000]  But always that's the issue I want to bring.
[28:19.000 --> 28:26.000]  I want to bring the issue they do not want to look at.
[28:26.000 --> 28:27.000]  That's what I want to do too.
[28:27.000 --> 28:30.000]  So in Colorado, I don't know if this is in the other states,
[28:30.000 --> 28:34.000]  but the differentiation is a strict liability barrier.
[28:34.000 --> 28:38.000]  If it's a strict liability crime, no mens rea is required.
[28:38.000 --> 28:43.000]  But if it isn't a strict liability crime, then it's always required.
[28:43.000 --> 28:45.000]  So what I'm trying to do is create a question.
[28:45.000 --> 28:52.000]  I don't quite know how to do it for the prosecutor to say,
[28:52.000 --> 28:55.000]  are you saying this is a strict liability crime?
[28:55.000 --> 28:58.000]  Therefore, there's no culpable mental state.
[28:58.000 --> 29:01.000]  That's the corner I need to back them into.
[29:01.000 --> 29:07.000]  Strict liability, that's going to take special circumstances
[29:07.000 --> 29:10.000]  because you can't just have strict liabilities.
[29:10.000 --> 29:13.000]  You're talking about strict liability and trespass.
[29:13.000 --> 29:17.000]  I'm walking down the street and I've come to a corner
[29:17.000 --> 29:21.000]  and I cut the corner a little bit and my foot hits the grass.
[29:21.000 --> 29:25.000]  Strict liability, criminal trespass.
[29:25.000 --> 29:31.000]  It's got to be more than that.
[29:31.000 --> 29:36.000]  There has to be some sort of reality, especially trespass.
[29:36.000 --> 29:44.000]  Otherwise, walking down the streets, walking through a minefield.
[29:44.000 --> 29:45.000]  Hold on.
[29:45.000 --> 29:47.000]  Okay, let's pick this up on the other side.
[29:47.000 --> 29:53.000]  When we come back, tell me how they get to strict liability and trespass.
[29:53.000 --> 29:56.000]  Randy Kelton, Brett Fountain, Lula Val Radio.
[29:56.000 --> 30:02.000]  We'll be right back.
[30:02.000 --> 30:04.000]  Businesses ask you for a lot of personal information
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[30:12.000 --> 30:15.000]  I'm Dr. Catherine Albrecht and I'll be right back with details.
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[33:11.000 --> 33:17.000]  Yeah, Mr. Office, are you taking the right hand?
[33:17.000 --> 33:22.000]  Won't you follow the law of the land?
[33:22.000 --> 33:25.000]  I don't understand.
[33:25.000 --> 33:31.000]  Your job is to protect a conservative, not the Arabians.
[33:31.000 --> 33:34.000]  Okay, we are back.
[33:34.000 --> 33:37.000]  We're at the Chatham and Brett County Rule of Law Radio,
[33:37.000 --> 33:40.000]  and we're talking to Chris in Colorado.
[33:40.000 --> 33:45.000]  Chris is trying to figure out how they could get to
[33:45.000 --> 33:52.000]  strict liability and trespass.
[33:52.000 --> 33:56.000]  Yeah, that just seems like a really, that's a stretch.
[33:56.000 --> 33:59.000]  They're not necessarily getting there directly.
[33:59.000 --> 34:02.000]  They're getting there through lack of understanding and inexperience.
[34:02.000 --> 34:07.000]  So first and second, it spells it out.
[34:07.000 --> 34:10.000]  But third, I think they just got lazy in the statute
[34:10.000 --> 34:13.000]  and just forgot to say knowingly,
[34:13.000 --> 34:16.000]  or who knows what their real intentions are.
[34:16.000 --> 34:20.000]  So when a DA or a public defender sees it,
[34:20.000 --> 34:22.000]  well, it just says that.
[34:22.000 --> 34:24.000]  There is no knowing in it.
[34:24.000 --> 34:26.000]  So they're not doing it directly,
[34:26.000 --> 34:29.000]  but they're treating it through inexperience as if it is,
[34:29.000 --> 34:31.000]  but they're not saying it is.
[34:31.000 --> 34:33.000]  So what I need to do...
[34:33.000 --> 34:38.000]  Does Colorado have a culpability statute?
[34:38.000 --> 34:41.000]  I think it's Chapter 2.
[34:41.000 --> 34:43.000]  No, it's 102.
[34:43.000 --> 34:44.000]  What is it, Brett?
[34:44.000 --> 34:47.000]  The one that's culpability.
[34:47.000 --> 34:49.000]  Seven.
[34:49.000 --> 34:51.000]  Six.
[34:51.000 --> 34:54.000]  Seven speaks to shared culpability,
[34:54.000 --> 34:59.000]  somebody being, like, 702 is somebody being responsible for
[34:59.000 --> 35:02.000]  the act of another.
[35:02.000 --> 35:05.000]  I think you're thinking about six,
[35:05.000 --> 35:08.000]  where it speaks to the different culpable states.
[35:08.000 --> 35:09.000]  Yeah.
[35:09.000 --> 35:12.000]  Colorado's going to have that.
[35:12.000 --> 35:17.000]  Look for the statute on culpable mental states.
[35:17.000 --> 35:19.000]  That's going to apply to all of the statutes,
[35:19.000 --> 35:23.000]  whether it's spoke to in the statute or not.
[35:23.000 --> 35:24.000]  I found it.
[35:24.000 --> 35:27.000]  It's right there almost in the beginning of the criminal code.
[35:27.000 --> 35:30.000]  It basically states that, I think it's like 16 or where I am,
[35:30.000 --> 35:36.000]  and it basically says that there has to be a knowing element,
[35:36.000 --> 35:40.000]  and it goes through all the different variations of it.
[35:40.000 --> 35:41.000]  I forget.
[35:41.000 --> 35:42.000]  I don't have it in front of me,
[35:42.000 --> 35:45.000]  but they go into it extensively, actually.
[35:45.000 --> 35:47.000]  So I brought that up.
[35:47.000 --> 35:49.000]  You have negligence on the low end,
[35:49.000 --> 35:54.000]  and it goes up to knowing and intentional.
[35:54.000 --> 35:56.000]  Yeah.
[35:56.000 --> 36:01.000]  And then they quote very specific case law
[36:01.000 --> 36:05.000]  where the judge has pointed out that this is a strict liability crime.
[36:05.000 --> 36:07.000]  This is a strict liability crime.
[36:07.000 --> 36:09.000]  There is no knowing element necessary,
[36:09.000 --> 36:11.000]  and there's just a handful of them.
[36:11.000 --> 36:13.000]  They're pretty egregious stuff.
[36:13.000 --> 36:16.000]  So here in DUI is the one example.
[36:16.000 --> 36:19.000]  But again, like I talked to one attorney,
[36:19.000 --> 36:22.000]  they said in law school they come up with arguments.
[36:22.000 --> 36:26.000]  So what if the guy was sleepwalking and he went to the bar and got drunk?
[36:26.000 --> 36:29.000]  You know, this is the argument they present in law school.
[36:29.000 --> 36:33.000]  Leave it to the lawyers.
[36:33.000 --> 36:35.000]  But it's an interesting argument.
[36:35.000 --> 36:39.000]  But he says it doesn't matter because in Colorado it doesn't matter
[36:39.000 --> 36:41.000]  if you're sleepwalking, it's a strict liability.
[36:41.000 --> 36:49.000]  But yeah, Randy, it doesn't say anywhere that third degree is a strict liability.
[36:49.000 --> 36:51.000]  And here's my confusion.
[36:51.000 --> 36:53.000]  You have first degree and second degree,
[36:53.000 --> 36:57.000]  which are more egregious offenses, they have knowing elements.
[36:57.000 --> 37:02.000]  Why would they leave it out in the third and leave it for argument and speculation?
[37:02.000 --> 37:04.000]  That's the confusing part.
[37:04.000 --> 37:09.000]  That's a great argument to bring to the Supreme.
[37:09.000 --> 37:18.000]  And that's the one they're not going to want being brought to the Supreme.
[37:18.000 --> 37:23.000]  To make that argument.
[37:23.000 --> 37:26.000]  Okay.
[37:26.000 --> 37:29.000]  If you get a ruling in your favor, it screws up everything for them.
[37:29.000 --> 37:31.000]  They can't do that at all anymore.
[37:31.000 --> 37:37.000]  And that's what they're not going to want to happen.
[37:37.000 --> 37:38.000]  Right.
[37:38.000 --> 37:43.000]  That's what they did with ours when we asked the question they didn't want to answer.
[37:43.000 --> 37:46.000]  They didn't rule in our favor on what we asked.
[37:46.000 --> 37:59.000]  They ruled in our favor for something we didn't ask in order to avoid ruling in our favor on what we asked.
[37:59.000 --> 38:01.000]  I see.
[38:01.000 --> 38:05.000]  So always give them a way out.
[38:05.000 --> 38:07.000]  That's what that taught me.
[38:07.000 --> 38:08.000]  It taught me two things.
[38:08.000 --> 38:15.000]  Always ask a hard question and then give them a way out.
[38:15.000 --> 38:16.000]  Okay.
[38:16.000 --> 38:19.000]  Well, the way out is to dismiss the charges against me.
[38:19.000 --> 38:21.000]  Yes.
[38:21.000 --> 38:31.000]  Or give them a way to dismiss the charges for something that won't set an untenable precedent.
[38:31.000 --> 38:33.000]  Go in there with two questions.
[38:33.000 --> 38:39.000]  One, that they can't answer in your favor and it won't ruin everything,
[38:39.000 --> 38:44.000]  and one, if they do answer in your favor, that will ruin everything.
[38:44.000 --> 38:47.000]  They have to give you something in your favor.
[38:47.000 --> 38:55.000]  If you got one they don't want to rule on, they've got to give you a ruling in your favor on something else.
[38:55.000 --> 38:59.000]  Because if they don't, then you appeal, you bounce it up to the Supreme.
[38:59.000 --> 39:02.000]  So the Court of Appeals looked at ours and said,
[39:02.000 --> 39:09.000]  man, if this goes to the Supreme and the Supreme rules that ordinances don't apply to ordinary citizens,
[39:09.000 --> 39:12.000]  all the ordinances in the state are screwed.
[39:12.000 --> 39:15.000]  We can't let this get there.
[39:15.000 --> 39:20.000]  So they went and found another reason to rule that they didn't have subject matter jurisdiction.
[39:20.000 --> 39:22.000]  We challenged subject matter jurisdiction.
[39:22.000 --> 39:25.000]  They found this really obscure thing they could rule on.
[39:25.000 --> 39:29.000]  But we got our ruling, so we can't appeal.
[39:29.000 --> 39:33.000]  We asked to have it dismissed for lack of subject matter jurisdiction.
[39:33.000 --> 39:36.000]  They dismissed for lack of subject matter jurisdiction.
[39:36.000 --> 39:38.000]  We can't appeal.
[39:38.000 --> 39:47.000]  The other side could have appealed, but I'm sure the appellate court let them know, don't even think about appealing.
[39:47.000 --> 39:53.000]  Yeah, I'm sure they had a big furry eyebrows making sure they knew not to.
[39:53.000 --> 39:57.000]  That's what you want.
[39:57.000 --> 40:03.000]  You want something they absolutely do not want to rule on.
[40:03.000 --> 40:09.000]  One way to do that is to claim that the complaint's insufficient on its face
[40:09.000 --> 40:17.000]  as it failed to claim a necessary element in that of mens rea or intent.
[40:17.000 --> 40:19.000]  And I did that.
[40:19.000 --> 40:24.000]  I did that in my own – that's the motion I had to dismiss that I threw on the DA's desk
[40:24.000 --> 40:28.000]  who ran out of his own office because he didn't want to read it.
[40:28.000 --> 40:30.000]  However, I now have a public defender.
[40:30.000 --> 40:33.000]  I thought that would be smart just because I got too much to juggle.
[40:33.000 --> 40:36.000]  The problem is, public defenders are just as experienced as the DA's.
[40:36.000 --> 40:41.000]  No, you bar – okay, bargaining the public defender.
[40:41.000 --> 40:48.000]  Oh, the public defender is going to have an epiplexy and is going to try to withdraw.
[40:48.000 --> 40:58.000]  But, of course, they are reluctant to allow a criminal defense lawyer to withdraw.
[40:58.000 --> 41:05.000]  They can withdraw in civil easier, but in criminal, it is frowned upon.
[41:05.000 --> 41:11.000]  And if you tell them absolutely not, now they're messing with a private contract,
[41:11.000 --> 41:14.000]  even though it's a public defender.
[41:14.000 --> 41:17.000]  Mine said, you know, I told him that you're under contract.
[41:17.000 --> 41:19.000]  He said, I'm not under contract with you.
[41:19.000 --> 41:21.000]  I'm under contract with the state.
[41:21.000 --> 41:23.000]  I said, yes, you are.
[41:23.000 --> 41:29.000]  But I'm the intended third-party beneficiary, and I have standing under the contract.
[41:29.000 --> 41:31.000]  Oops.
[41:31.000 --> 41:42.000]  So you bargrieve – either bargrieve your public defender or bargrieve the prosecutor.
[41:42.000 --> 41:45.000]  And the prosecutor is going to come to the public defender and say,
[41:45.000 --> 41:48.000]  that no good rascal bargrieved me.
[41:48.000 --> 41:55.000]  And your public defender is going to say, oh, my goodness, I'm next.
[41:55.000 --> 41:56.000]  Exactly.
[41:56.000 --> 42:02.000]  Or it could be one of your deals where you, you know, accidentally bargrieved somebody
[42:02.000 --> 42:05.000]  that has the same name, but they're on the other side of the state,
[42:05.000 --> 42:09.000]  and then they can get a hold of both of those lawyers.
[42:09.000 --> 42:10.000]  No, no, wait, Fred.
[42:10.000 --> 42:13.000]  Nobody would be that rotten.
[42:13.000 --> 42:16.000]  Oh, surely not.
[42:16.000 --> 42:19.000]  Well, maybe.
[42:19.000 --> 42:23.000]  I did that.
[42:23.000 --> 42:29.000]  Oh, he was hot.
[42:29.000 --> 42:39.000]  But yeah, so you want your public defender to be afraid you're going to bargrieve him or her.
[42:39.000 --> 42:44.000]  So, you know, these are going to be new lawyers.
[42:44.000 --> 42:47.000]  They're going to bargrieve us early on.
[42:47.000 --> 42:49.000]  That'll be screwed.
[42:49.000 --> 42:52.000]  They've got this student loan to pay off.
[42:52.000 --> 42:56.000]  These guys are dancing on the head of a pin.
[42:56.000 --> 43:00.000]  And the judge is going to want to protect them.
[43:00.000 --> 43:07.000]  Now, the prosecutor, they're a fair game.
[43:07.000 --> 43:08.000]  Yeah.
[43:08.000 --> 43:10.000]  You can hammer them.
[43:10.000 --> 43:13.000]  Then they're going to be afraid you're going to do it to this young lawyer.
[43:13.000 --> 43:17.000]  What's the way to make this go away to keep you from beating them up?
[43:17.000 --> 43:19.000]  Okay, I will find out.
[43:19.000 --> 43:21.000]  But give them a way out.
[43:21.000 --> 43:30.000]  Give them two reasons to dismiss, one that's obnoxious, one that's not obnoxious.
[43:30.000 --> 43:40.000]  And to keep you from winning the obnoxious one, they'll dismiss it for the one that's not obnoxious.
[43:40.000 --> 43:44.000]  Okay, thank you, Chris.
[43:44.000 --> 43:46.000]  Are you done, Chris?
[43:46.000 --> 43:47.000]  Yes, I am.
[43:47.000 --> 43:48.000]  Thank you, guys.
[43:48.000 --> 43:49.000]  Appreciate it.
[43:49.000 --> 43:50.000]  Okay, thank you, Chris.
[43:50.000 --> 43:52.000]  Randy Kelton, Brett Fountain, Grimloir Radio.
[43:52.000 --> 43:56.000]  We have Ms. Charlize Tina.
[43:56.000 --> 44:00.000]  We'll pick you up on the other side.
[44:00.000 --> 44:01.000]  I love logos.
[44:01.000 --> 44:05.000]  Without the shows on this network, I'd be almost as ignorant as my friends.
[44:05.000 --> 44:07.000]  I'm so addicted to the truth now that there's no going back.
[44:07.000 --> 44:08.000]  I need my truth pick.
[44:08.000 --> 44:10.000]  I'd be lost without logos.
[44:10.000 --> 44:13.000]  And I really want to help keep this network on the air.
[44:13.000 --> 44:16.000]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite,
[44:16.000 --> 44:20.000]  and I really don't have any money to give because I spent it all on supplements.
[44:20.000 --> 44:22.000]  How can I help logos?
[44:22.000 --> 44:24.000]  Well, I'm glad you asked.
[44:24.000 --> 44:27.000]  Whenever you order anything from Amazon, you can help logos.
[44:27.000 --> 44:29.000]  You can order them in your supplies or holiday gifts.
[44:29.000 --> 44:31.000]  First thing you do is clear your cookies.
[44:31.000 --> 44:34.000]  Now, go to logosradionetwork.com.
[44:34.000 --> 44:38.000]  Click on the Amazon logo and bookmark it.
[44:38.000 --> 44:41.000]  Now, when you order anything from Amazon, you use that link,
[44:41.000 --> 44:43.000]  and logos gets a few pesos.
[44:43.000 --> 44:44.000]  Do I pay extra?
[44:44.000 --> 44:45.000]  No.
[44:45.000 --> 44:47.000]  Do I have to do anything different when I order?
[44:47.000 --> 44:48.000]  No.
[44:48.000 --> 44:49.000]  Can I use my Amazon Prime?
[44:49.000 --> 44:50.000]  No.
[44:50.000 --> 44:51.000]  I mean, yes.
[44:51.000 --> 44:54.000]  Wow, giving without doing anything or spending any money.
[44:54.000 --> 44:55.000]  This is perfect.
[44:55.000 --> 44:57.000]  Thank you so much.
[44:57.000 --> 44:58.000]  You're welcome.
[44:58.000 --> 45:01.000]  Happy holidays, logos.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:07.000]  Win your case without an attorney with Jurisdictionary,
[45:07.000 --> 45:11.000]  the affordable, easy-to-understand, 4-CD course
[45:11.000 --> 45:15.000]  that will show you how in 24 hours, step-by-step.
[45:15.000 --> 45:19.000]  If you have a lawyer, know what your lawyer should be doing.
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[45:23.000 --> 45:28.000]  Thousands have won with our step-by-step course, and now you can too.
[45:28.000 --> 45:31.000]  Jurisdictionary was created by a licensed attorney
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[45:56.000 --> 46:01.000]  or call toll-free, 866-LAW-EZ.
[46:01.000 --> 46:27.000]  If you did not have any problems, where are you going to look for one?
[46:27.000 --> 46:45.000]  Okay, we are back.
[46:45.000 --> 46:48.000]  Randy Belton, Brett Fountain, Rule of Law Radio.
[46:48.000 --> 46:54.000]  And Brett was giving me a little English lesson on the break,
[46:54.000 --> 47:01.000]  and he's telling me that churlish doesn't mean sweet, nice, and adorable.
[47:01.000 --> 47:02.000]  Hold on.
[47:02.000 --> 47:07.000]  What about that, Tina?
[47:07.000 --> 47:08.000]  He's correct.
[47:08.000 --> 47:14.000]  Churlish is what you are.
[47:14.000 --> 47:15.000]  Where have you been?
[47:15.000 --> 47:18.000]  We missed you.
[47:18.000 --> 47:20.000]  Oh, I've been listening in.
[47:20.000 --> 47:24.000]  I just, you know, haven't had a real important question.
[47:24.000 --> 47:29.000]  I've been trying to get ready for my appeal brief that has to be filed on Monday,
[47:29.000 --> 47:34.000]  and, you know, in the case against the attorney for fraud
[47:34.000 --> 47:38.000]  and him admitting the fraud and all that stuff.
[47:38.000 --> 47:42.000]  So I came across something today as I'm doing some research,
[47:42.000 --> 47:48.000]  and I've not seen it before, and I wondered if one of you two,
[47:48.000 --> 47:51.000]  this gentleman or others, could answer it.
[47:51.000 --> 47:59.000]  15 U.S. Code 1639C, minimum standards for residential mortgage loans.
[47:59.000 --> 48:03.000]  And this is from Cornell.edu U.S. Code.
[48:03.000 --> 48:04.000]  Wait a minute.
[48:04.000 --> 48:06.000]  You're a little muffled.
[48:06.000 --> 48:10.000]  Are you using a Bluetooth?
[48:10.000 --> 48:14.000]  No, I turned it off.
[48:14.000 --> 48:15.000]  Okay.
[48:15.000 --> 48:16.000]  Will that help?
[48:16.000 --> 48:19.000]  Please, Mike, a little bit farther from your mouth.
[48:19.000 --> 48:20.000]  Okay.
[48:20.000 --> 48:22.000]  Does this help?
[48:22.000 --> 48:23.000]  A little?
[48:23.000 --> 48:24.000]  Yeah, I hear you okay.
[48:24.000 --> 48:29.000]  So we're talking about arbitration and then number one in general,
[48:29.000 --> 48:36.000]  and it says no residential mortgage loan and no extension of credit
[48:36.000 --> 48:42.000]  under an open-end consumer credit plan secured by the principal dwelling
[48:42.000 --> 48:47.000]  of the consumer may include terms which require arbitration
[48:47.000 --> 48:55.000]  or any other nonjudicial procedure as the method for resolving any controversy
[48:55.000 --> 49:01.000]  or settling any claims arising out of the transaction.
[49:01.000 --> 49:07.000]  Then it talks about close to controversy of...
[49:07.000 --> 49:10.000]  Are you reading from the contract, from the deed of trust?
[49:10.000 --> 49:21.000]  I'm reading from something from law, Cornell, EDU, 15 U.S. Code 1639C.
[49:21.000 --> 49:22.000]  Oh, okay.
[49:22.000 --> 49:30.000]  So it's saying that forced arbitration cannot be a covenant of the contract.
[49:30.000 --> 49:34.000]  That and any other nonjudicial procedure.
[49:34.000 --> 49:36.000]  This is what it appears to be saying.
[49:36.000 --> 49:43.000]  But, you know, they cloak all these, you know, codes and everything in legalese,
[49:43.000 --> 49:46.000]  so we have to be careful how we interpret them.
[49:46.000 --> 49:48.000]  So that's why I'm coming here.
[49:48.000 --> 49:52.000]  It says post-controversy agreement subject to paragraph three,
[49:52.000 --> 49:58.000]  paragraph one, shall not be construed as limiting the right of the consumer
[49:58.000 --> 50:03.000]  and the creditor or any assignee to agree to arbitration
[50:03.000 --> 50:09.000]  or any other nonjudicial procedure as the method for resolving any controversy
[50:09.000 --> 50:14.000]  at any time after a dispute or claim under the transaction arises.
[50:14.000 --> 50:20.000]  But then it goes to say no waiver of statutory cause of action,
[50:20.000 --> 50:24.000]  no provision of any residential mortgage loan
[50:24.000 --> 50:29.000]  or of any extension of credit under an open-end consumer credit plan
[50:29.000 --> 50:33.000]  secured by the principal dwelling of the consumer,
[50:33.000 --> 50:37.000]  and no other agreement between the consumer and the creditor
[50:37.000 --> 50:41.000]  relating to the residential mortgage loan or extension of credit
[50:41.000 --> 50:48.000]  shall be applied or interpreted so as to bar a consumer from bringing in action
[50:48.000 --> 50:51.000]  in an appropriate district court of the United States
[50:51.000 --> 50:58.000]  or any other court of competent jurisdiction pursuant to section 1640 of this title
[50:58.000 --> 51:03.000]  or any other provision of law for damages or other relief
[51:03.000 --> 51:07.000]  in connection with any alleged violation of this section
[51:07.000 --> 51:14.000]  or any other provision of this subchapter or any other federal law.
[51:14.000 --> 51:19.000]  So what is that saying about the states with nonjudicial foreclosure?
[51:19.000 --> 51:29.000]  In credit card issues, they used to have a mediation clause.
[51:29.000 --> 51:35.000]  If you have any issues with the credit card company, you're forced into mediation.
[51:35.000 --> 51:40.000]  Well, it turned out that the credit card companies owned a mediation company.
[51:40.000 --> 51:47.000]  So you were screwed. This does not allow forced mediation.
[51:47.000 --> 51:52.000]  And when you were reading it, I'm thinking there really needs to be something in there
[51:52.000 --> 51:56.000]  to authorize and allow mediation, and you got to that. It was.
[51:56.000 --> 52:07.000]  So it's just saying that while in a deed of trust there is a confessed judgment,
[52:07.000 --> 52:19.000]  you can challenge the confessed judgment by claiming that the lender repudiated the contract
[52:19.000 --> 52:24.000]  by violating the covenant of contract.
[52:24.000 --> 52:27.000]  The difference, for those of you who don't know, a mortgage,
[52:27.000 --> 52:32.000]  if you're in a mortgage state, there is no confessed judgment.
[52:32.000 --> 52:37.000]  So if you get behind on the mortgage, they have to go to court and sue
[52:37.000 --> 52:42.000]  and get a judgment from the court of foreclosure.
[52:42.000 --> 52:47.000]  In a deed of trust state, you confess a judgment in the deed of trust,
[52:47.000 --> 52:53.000]  and you agree that if you violate the tenets of this contract,
[52:53.000 --> 53:00.000]  the lender can foreclose without having to get a judgment from a court.
[53:00.000 --> 53:06.000]  You confess that judgment. But that confessed judgment only applies
[53:06.000 --> 53:10.000]  if the other side follows all of the rules.
[53:10.000 --> 53:17.000]  Anybody out there who has a mortgage issue, if you're in a deed of trust state,
[53:17.000 --> 53:24.000]  read the contract. Get out that deed of trust and get out the note,
[53:24.000 --> 53:35.000]  and read them carefully, and look at it and see if the lender violated anything in the mortgage,
[53:35.000 --> 53:45.000]  in the covenants of the mortgage, and then check all their calculations.
[53:45.000 --> 53:51.000]  They never get the calculations right.
[53:51.000 --> 53:56.000]  And look at all of the charges they charged you on the HUD-1 settlement statement.
[53:56.000 --> 53:59.000]  They never prove up any of those.
[53:59.000 --> 54:04.000]  Okay, I've kind of distracted you, Tina.
[54:04.000 --> 54:07.000]  Let's go back to where you were.
[54:07.000 --> 54:13.000]  That would mean that if, when it says in my note in the deed of trust,
[54:13.000 --> 54:25.000]  that any notices must be sent to the property address unless the borrower has given written notice
[54:25.000 --> 54:31.000]  of an alternative address for things to be sent to, which I did.
[54:31.000 --> 54:40.000]  And when it came to getting the in rim, they only sent the notices to the property address,
[54:40.000 --> 54:46.000]  even though four months earlier they had sent other notices, the same law firm,
[54:46.000 --> 54:51.000]  to the correct mailing address on record.
[54:51.000 --> 54:58.000]  But this very important notice, they didn't notify me at the correct mailing address.
[54:58.000 --> 55:03.000]  Therefore, the judge who ruled that she was invoking the mailbox rule,
[55:03.000 --> 55:09.000]  improperly ruled because she didn't make sure they used the correct mailing address.
[55:09.000 --> 55:11.000]  So would that come under that?
[55:11.000 --> 55:18.000]  As, you know, the attorneys then that are hired are hired by the lender, supposedly.
[55:18.000 --> 55:21.000]  So they're acting on behalf of the lender.
[55:21.000 --> 55:26.000]  Would that constitute a violation of the covenant?
[55:26.000 --> 55:28.000]  It absolutely does.
[55:28.000 --> 55:33.000]  This is a standard method that they use.
[55:33.000 --> 55:43.000]  What they want to do is get you in a position to where you're climbing uphill instead of them.
[55:43.000 --> 55:50.000]  When they get an improper ruling, I just had them do that in the second traffic ticket.
[55:50.000 --> 55:59.000]  I was fighting the ticket, and then all of a sudden I got two failures to appear.
[55:59.000 --> 56:05.000]  They said court dates and didn't notify me, then accused me of failure to appear and adjudicated against me.
[56:05.000 --> 56:06.000]  Standard procedure.
[56:06.000 --> 56:12.000]  Now, I'm stuck with proving that I wasn't properly notified.
[56:12.000 --> 56:16.000]  That's what these guys...
[56:16.000 --> 56:21.000]  I have to ask them to prove that they provided service,
[56:21.000 --> 56:24.000]  and they're going to say, well, we send it with regular mail.
[56:24.000 --> 56:28.000]  So it's my word against their word.
[56:28.000 --> 56:32.000]  And the court will always change their word.
[56:32.000 --> 56:33.000]  This is what they're doing.
[56:33.000 --> 56:36.000]  It's a kind of standard procedure.
[56:36.000 --> 56:42.000]  And especially in California, the courts are bought and paid for.
[56:42.000 --> 56:50.000]  The courts are not going to make the lender prove that they sent the notice to the correct address.
[56:50.000 --> 56:54.000]  Even if they did, the court's still going to rule in their favor.
[56:54.000 --> 57:01.000]  The only thing you can hope to do is win it on appeal, but from what I've seen, not in California.
[57:01.000 --> 57:03.000]  Correct.
[57:03.000 --> 57:08.000]  So going to the charges that have to be correct.
[57:08.000 --> 57:17.000]  That means not just on the HUD-1 statement, but surely it means all charges thereafter.
[57:17.000 --> 57:30.000]  They give in writing multiple different amounts claimed as due, which goes up and down, not steadily up.
[57:30.000 --> 57:39.000]  And then they, you know, add on $2,000 in mailing costs for sending me 97 notices in one day
[57:39.000 --> 57:44.000]  to every computation of my name and address they could think of.
[57:44.000 --> 57:52.000]  And 87 notices of frustration in one day and another day, 35 notices.
[57:52.000 --> 57:58.000]  That's not legal, correct?
[57:58.000 --> 58:03.000]  It's not legal.
[58:03.000 --> 58:09.000]  It's something that you can raise a civil claim, but to say it's not legal, yes,
[58:09.000 --> 58:16.000]  it's legal for them to send you all they want to, but for them to charge you then for them sending all they want to,
[58:16.000 --> 58:20.000]  you can argue that they can only charge you for sending one.
[58:20.000 --> 58:25.000]  That puts you in a one-up position to where you have to fight against the nonsense.
[58:25.000 --> 58:27.000]  They always want to get you in that position.
[58:27.000 --> 58:35.000]  Hang on, Randy Kelton, Rhett Fountain, Rule of Law Radio, call-in board is full.
[58:35.000 --> 58:41.000]  We've got one empty spot. Call-in number 512-646-1984.
[58:41.000 --> 58:50.000]  If you have a question or comment, give us a call. We'll be right back.
[58:50.000 --> 58:58.000]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[58:58.000 --> 59:06.000]  Some new translations try to help by simplifying the text, 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 --> 59:18.000]  First, this new translation is extremely faithful and accurate, 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 --> 59:43.000]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102,
[59:43.000 --> 59:47.000]  or by ordering online at freestudybible.com.
[59:47.000 --> 59:52.000]  That's freestudybible.com.
[59:52.000 --> 01:00:01.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:01.000 --> 01:00:05.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.000 --> 01:00:09.000]  They guarantee the specific freedoms Americans should know and protect.
[01:00:09.000 --> 01:00:11.000]  Our liberty depends on it.
[01:00:11.000 --> 01:00:17.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:17.000 --> 01:00:19.000]  Privacy is under attack.
[01:00:19.000 --> 01:00:23.000]  When you give up data about yourself, you'll never get it back again.
[01:00:23.000 --> 01:00:28.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:28.000 --> 01:00:33.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:33.000 --> 01:00:35.000]  Privacy, it's worth hanging on to.
[01:00:35.000 --> 01:00:39.000]  This public service announcement is brought to you by startpage.com,
[01:00:39.000 --> 01:00:43.000]  the private search engine alternative to Google, Yahoo, and Bing.
[01:00:43.000 --> 01:00:46.000]  Start over with startpage.
[01:00:46.000 --> 01:00:50.000]  Most people think of seven as the more civilized number than six.
[01:00:50.000 --> 01:00:55.000]  Think about the number six as implicated in evil, as in the biblical 666.
[01:00:55.000 --> 01:00:59.000]  So it would fit right in that the Seventh Amendment would be about civil trials.
[01:00:59.000 --> 01:01:01.000]  Civil seven, civil trials, get it?
[01:01:01.000 --> 01:01:05.000]  Civil trials are ones where people sue instead of beating each other up over a dispute,
[01:01:05.000 --> 01:01:08.000]  like the dividing line between properties.
[01:01:08.000 --> 01:01:12.000]  They take their dispute to a courthouse and settle matters civilly without the fisticuffs.
[01:01:12.000 --> 01:01:17.000]  The Seventh Amendment guarantees that Americans have the right to a jury in certain civil matters
[01:01:17.000 --> 01:01:20.000]  instead of having a lone judge rule on the case.
[01:01:20.000 --> 01:01:25.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:32.000 --> 01:01:36.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:36.000 --> 01:01:40.000]  They guarantee the specific freedoms Americans should know and protect.
[01:01:40.000 --> 01:01:42.000]  Our liberty depends on it.
[01:01:42.000 --> 01:01:45.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:01:45.000 --> 01:01:48.000]  to remember one of your constitutional rights.
[01:01:48.000 --> 01:01:50.000]  Privacy is under attack.
[01:01:50.000 --> 01:01:53.000]  When you give up data about yourself, you'll never get it back again.
[01:01:53.000 --> 01:01:58.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:58.000 --> 01:02:00.000]  So protect your rights.
[01:02:00.000 --> 01:02:03.000]  Say no to surveillance and keep your information to yourself.
[01:02:03.000 --> 01:02:06.000]  Privacy, it's worth hanging on to.
[01:02:06.000 --> 01:02:09.000]  This public service announcement is brought to you by Startpage.com,
[01:02:09.000 --> 01:02:13.000]  the private search engine alternative to Google, Yahoo, and Bing.
[01:02:13.000 --> 01:02:17.000]  Start over with Startpage.
[01:02:17.000 --> 01:02:23.000]  Remember the scene in George Orwell's novel, 1984, when Winston is threatened with his worst fear?
[01:02:23.000 --> 01:02:27.000]  That fear was having a cage of hungry rats unleashed on his face.
[01:02:27.000 --> 01:02:31.000]  But what if his worst fear was spiders, eight-legged spiders, to be exact?
[01:02:31.000 --> 01:02:34.000]  Getting a face full of spiders would be pretty cruel and unusual.
[01:02:34.000 --> 01:02:38.000]  That image of eight-legged spiders will help you remember the Eighth Amendment.
[01:02:38.000 --> 01:02:41.000]  Our founding fathers added the Eighth Amendment to the U.S. Constitution
[01:02:41.000 --> 01:02:44.000]  to protect us from creepy-crawly eight-legged punishments
[01:02:44.000 --> 01:02:48.000]  and other cruel and unusual prison practices that were common in their day.
[01:02:48.000 --> 01:02:52.000]  The Eighth Amendment also prohibits the government from requiring excessive bail
[01:02:52.000 --> 01:02:54.000]  and charging excessive fines.
[01:02:54.000 --> 01:03:01.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:24.000 --> 01:03:29.000]  Thank you for watching.
[01:03:54.000 --> 01:03:58.000]  Thank you.
[01:04:03.000 --> 01:04:05.000]  Okay, we are back.
[01:04:05.000 --> 01:04:08.000]  Raymond Kelton, Brett Fountain of Google Raw Radio.
[01:04:08.000 --> 01:04:12.000]  On this not February, but January,
[01:04:12.000 --> 01:04:18.000]  Brett keeps trying to screw me up because he knows I'm old and in my dotage.
[01:04:18.000 --> 01:04:24.000]  2023, and we're talking to Ms. Tina in California.
[01:04:24.000 --> 01:04:27.000]  Sweet Tina.
[01:04:27.000 --> 01:04:29.000]  Tina the champion.
[01:04:29.000 --> 01:04:34.000]  Not to ever be misconstrued as churlish, but sweet and nice.
[01:04:34.000 --> 01:04:38.000]  Okay.
[01:04:38.000 --> 01:04:43.000]  On all the feeds, if you have a mortgage issue,
[01:04:43.000 --> 01:04:47.000]  these people have been going after these securities issues,
[01:04:47.000 --> 01:04:55.000]  show me the note, and the courts have consistently ruled against those.
[01:04:55.000 --> 01:05:01.000]  So what I started doing was looking at the numbers.
[01:05:01.000 --> 01:05:06.000]  Go online and pull down a spreadsheet amortization schedule.
[01:05:06.000 --> 01:05:12.000]  I got one I pulled down and added about 10 pages to it.
[01:05:12.000 --> 01:05:18.000]  I do the amortization schedule, and then I go to the HUD-1 settlement statement.
[01:05:18.000 --> 01:05:25.000]  The HUD-1 settlement statement has all of the charges they charged you for your mortgage,
[01:05:25.000 --> 01:05:28.000]  to create the mortgage.
[01:05:28.000 --> 01:05:38.000]  But the Real Estate Settlement Procedures Act limits the charges they can charge to the borrower.
[01:05:38.000 --> 01:05:44.000]  They cannot charge for services not actually rendered.
[01:05:44.000 --> 01:05:51.000]  They cannot charge for services that are the normal part of creating a mortgage.
[01:05:51.000 --> 01:05:54.000]  They can't charge more than the cost of the service,
[01:05:54.000 --> 01:05:59.000]  and they can't charge for services not necessary.
[01:05:59.000 --> 01:06:02.000]  So look at your mortgage.
[01:06:02.000 --> 01:06:04.000]  Look at all of those costs.
[01:06:04.000 --> 01:06:09.000]  Go down to line 1400 of the HUD-1 settlement statement.
[01:06:09.000 --> 01:06:12.000]  That's where it adds it all up.
[01:06:12.000 --> 01:06:17.000]  And then go back to when you sat down at the closing table,
[01:06:17.000 --> 01:06:26.000]  did the title company give you receipts or purchase orders
[01:06:26.000 --> 01:06:31.000]  to verify each charge on the HUD-1 settlement statement
[01:06:31.000 --> 01:06:36.000]  to show that it was not otherwise forbidden to be charged by law,
[01:06:36.000 --> 01:06:40.000]  that it was for services actually rendered,
[01:06:40.000 --> 01:06:55.000]  that it was necessary that they did not take an undisclosed markup on the amounts charged.
[01:06:55.000 --> 01:06:58.000]  Everybody says, well, no, they didn't do any of that.
[01:06:58.000 --> 01:07:03.000]  My goodness, in that case, they're all bogus.
[01:07:03.000 --> 01:07:08.000]  Take the amount on the HUD-1, both sides, the amounts they charged you
[01:07:08.000 --> 01:07:11.000]  and the amounts they charged the seller,
[01:07:11.000 --> 01:07:15.000]  because at the end of the day, you pay it all.
[01:07:15.000 --> 01:07:19.000]  If it costs the seller $10,000 to get the mortgage written,
[01:07:19.000 --> 01:07:23.000]  he adds $10,000 to the mortgage.
[01:07:23.000 --> 01:07:25.000]  You pay it all.
[01:07:25.000 --> 01:07:29.000]  You subtract that amount from the first payment as an overpayment,
[01:07:29.000 --> 01:07:33.000]  but then run out the mortgage.
[01:07:33.000 --> 01:07:36.000]  And here's the deal.
[01:07:36.000 --> 01:07:39.000]  You're claiming these were bogus amounts,
[01:07:39.000 --> 01:07:44.000]  and you tell them, now, if you will prove up one of these amounts,
[01:07:44.000 --> 01:07:48.000]  then I will deduct it from the calculation.
[01:07:48.000 --> 01:07:53.000]  If you can't prove them up, then we consider them to be fraud.
[01:07:53.000 --> 01:07:56.000]  And here's the deal with fraud.
[01:07:56.000 --> 01:08:03.000]  In fraud, you do not sue for the amount you were actually defrauded of.
[01:08:03.000 --> 01:08:08.000]  You sue for the amount you would have been defrauded of,
[01:08:08.000 --> 01:08:12.000]  had their plan ran to fruition.
[01:08:12.000 --> 01:08:17.000]  That calculation alone will generally get you a claim against the lender
[01:08:17.000 --> 01:08:22.000]  of between two and three times the original principal.
[01:08:22.000 --> 01:08:24.000]  Then you go into court and you say,
[01:08:24.000 --> 01:08:28.000]  these guys tried to defraud me of all this money.
[01:08:28.000 --> 01:08:30.000]  Look what they did to Dirty Rotten Scoundrels.
[01:08:30.000 --> 01:08:34.000]  And the lender is going to say, oh, no, no, those fees weren't bogus.
[01:08:34.000 --> 01:08:37.000]  Okay, prove them up.
[01:08:37.000 --> 01:08:41.000]  We never had a single fee proved up.
[01:08:41.000 --> 01:08:45.000]  And there was one in Texas that I absolutely loved.
[01:08:45.000 --> 01:08:51.000]  It was some fee you had to pay to the state of Texas.
[01:08:51.000 --> 01:08:54.000]  It was a $1 fee.
[01:08:54.000 --> 01:08:59.000]  Nobody ever proved up that $1 fee.
[01:08:59.000 --> 01:09:01.000]  The reason?
[01:09:01.000 --> 01:09:07.000]  If they prove up one charge and don't prove up another,
[01:09:07.000 --> 01:09:12.000]  the one they don't prove up creates the adverse inference
[01:09:12.000 --> 01:09:18.000]  that it is exactly what we said it was, bogus.
[01:09:18.000 --> 01:09:21.000]  So they never proved up any.
[01:09:21.000 --> 01:09:24.000]  Yes, they never proved up any.
[01:09:24.000 --> 01:09:29.000]  When you get to court, they're going to argue that this number is inflated
[01:09:29.000 --> 01:09:32.000]  and outrageous and ridiculous.
[01:09:32.000 --> 01:09:34.000]  And you're going to argue, oh, no, it's warranted.
[01:09:34.000 --> 01:09:38.000]  I should have charged you a whole lot more of your Dirty Rotten Scoundrels.
[01:09:38.000 --> 01:09:42.000]  And the jury is going to be sitting there and their eyes are going to glaze over.
[01:09:42.000 --> 01:09:45.000]  Listen to all this arguing back and forth.
[01:09:45.000 --> 01:09:52.000]  At the end of the day, there's only one number the jury is going to remember.
[01:09:52.000 --> 01:09:55.000]  That's the number you walked in the door with.
[01:09:55.000 --> 01:10:01.000]  It doesn't matter how big that number is, so long as you can say,
[01:10:01.000 --> 01:10:05.000]  this is how I got this number.
[01:10:05.000 --> 01:10:08.000]  I'm going to run those calculations.
[01:10:08.000 --> 01:10:14.000]  I'll give you a number to the penny.
[01:10:14.000 --> 01:10:21.000]  I just did $740,951 in some sense.
[01:10:21.000 --> 01:10:23.000]  They're going to say, how did you get there?
[01:10:23.000 --> 01:10:25.000]  Here's how I got there.
[01:10:25.000 --> 01:10:27.000]  Here's my spreadsheet.
[01:10:27.000 --> 01:10:30.000]  And I'm only going to rip this spreadsheet to pieces.
[01:10:30.000 --> 01:10:33.000]  Who cares?
[01:10:33.000 --> 01:10:39.000]  The only thing the jury is going to remember is the number you walked in the door with.
[01:10:39.000 --> 01:10:44.000]  And they will give you, if they feel like you're deserving of anything,
[01:10:44.000 --> 01:10:49.000]  they'll give you a percentage of the amount you walked in the door with.
[01:10:49.000 --> 01:10:55.000]  You don't get that problem with them that you have with securitization
[01:10:55.000 --> 01:10:57.000]  and show me the note and all that stuff.
[01:10:57.000 --> 01:10:59.000]  Go ahead, Tina.
[01:10:59.000 --> 01:11:02.000]  Well, they're never going to let me get in front of a jury
[01:11:02.000 --> 01:11:07.000]  because they know I would sway the jury on multiple issues.
[01:11:07.000 --> 01:11:12.000]  They are never, ever going to let me get a trial by jury.
[01:11:12.000 --> 01:11:16.000]  I've asked for it every time and they've never given it.
[01:11:16.000 --> 01:11:23.000]  Did you ever ask the judge to order mediation?
[01:11:23.000 --> 01:11:26.000]  I do not think so.
[01:11:26.000 --> 01:11:28.000]  When I had an attorney at one point,
[01:11:28.000 --> 01:11:35.000]  we talked about it and he said you're too far apart with each other
[01:11:35.000 --> 01:11:38.000]  that mediation would not work.
[01:11:38.000 --> 01:11:41.000]  It turns out that he was good at writing,
[01:11:41.000 --> 01:11:44.000]  that he was a puffy in front of the judge
[01:11:44.000 --> 01:11:48.000]  and would just bow and scrape and say you cannot upset the judge,
[01:11:48.000 --> 01:11:50.000]  which I said, why not?
[01:11:50.000 --> 01:11:55.000]  But anyway, so we never got to any mediation.
[01:11:55.000 --> 01:11:59.000]  Did you tell him the judge shouldn't upset you?
[01:11:59.000 --> 01:12:03.000]  That's what I told him.
[01:12:03.000 --> 01:12:06.000]  When you're talking about the figures and everything
[01:12:06.000 --> 01:12:10.000]  and you're talking about they can send me any amount of notices they want,
[01:12:10.000 --> 01:12:13.000]  no, they can't because in the note it states
[01:12:13.000 --> 01:12:19.000]  they can send a notice to the party that is on the note,
[01:12:19.000 --> 01:12:22.000]  not this name, that name.
[01:12:22.000 --> 01:12:25.000]  And it's clear what the name is on the note.
[01:12:25.000 --> 01:12:31.000]  Now, technically, they could probably send me one to the Empire Trust
[01:12:31.000 --> 01:12:36.000]  and one to Tina Colbrook and maybe one to Tina Colbrook of the Empire Trust.
[01:12:36.000 --> 01:12:41.000]  That's free and they can send them to my mailing address on record
[01:12:41.000 --> 01:12:43.000]  and the property address.
[01:12:43.000 --> 01:12:52.000]  That would be six notices, not 97, not 85, not 35, not 45.
[01:12:52.000 --> 01:12:54.000]  That's clear.
[01:12:54.000 --> 01:12:59.000]  That should get a counterclaim for harassment.
[01:12:59.000 --> 01:13:04.000]  Well, I tried to go against the party, one of the parties that did that,
[01:13:04.000 --> 01:13:05.000]  but the judges threw it out.
[01:13:05.000 --> 01:13:10.000]  I went under the Rosenthal Act and I wasn't successful at that either
[01:13:10.000 --> 01:13:14.000]  because they seem to rule for the attorneys every time.
[01:13:14.000 --> 01:13:17.000]  The problem is you're in California.
[01:13:17.000 --> 01:13:21.000]  California is not a good bellwether.
[01:13:21.000 --> 01:13:22.000]  Yeah, I know.
[01:13:22.000 --> 01:13:31.000]  California doesn't speak to what you can do in another state, unfortunately.
[01:13:31.000 --> 01:13:37.000]  But I took them to the Supreme, but it made no difference what argument we brought.
[01:13:37.000 --> 01:13:40.000]  Never in California has it made a difference.
[01:13:40.000 --> 01:13:46.000]  The only ones we've ever won in California is when the bank came to the table
[01:13:46.000 --> 01:13:49.000]  and made a deal.
[01:13:49.000 --> 01:13:53.000]  The best one was the guy in Sacramento.
[01:13:53.000 --> 01:13:57.000]  He had a $350,000 mortgage.
[01:13:57.000 --> 01:14:00.000]  They said he owed $500-something thousand.
[01:14:00.000 --> 01:14:02.000]  We beat him up for a while and they came to him and said,
[01:14:02.000 --> 01:14:06.000]  look, we'll lower the mortgage to $150,000.
[01:14:06.000 --> 01:14:12.000]  Lower your interest from $6.5 to $2.5 and start all over again.
[01:14:12.000 --> 01:14:14.000]  No fees, nothing.
[01:14:14.000 --> 01:14:16.000]  I said, well, what did you do?
[01:14:16.000 --> 01:14:21.000]  He said, I sprained my wrist signing the deal.
[01:14:21.000 --> 01:14:25.000]  I would too if my bank had done it.
[01:14:25.000 --> 01:14:27.000]  That's the only way you win.
[01:14:27.000 --> 01:14:31.000]  So when I help people with mortgage now, I want to look at the numbers.
[01:14:31.000 --> 01:14:32.000]  I want to look at them.
[01:14:32.000 --> 01:14:34.000]  Look at your note.
[01:14:34.000 --> 01:14:41.000]  They never get the note right, especially if you have an option arm.
[01:14:41.000 --> 01:14:43.000]  They always screw it up.
[01:14:43.000 --> 01:14:46.000]  I just looked at one from Las Vegas.
[01:14:46.000 --> 01:14:51.000]  They got the mortgage for $133,600.
[01:14:51.000 --> 01:14:55.000]  They paid on it for nine months.
[01:14:55.000 --> 01:15:01.000]  And then they refinanced it for $133,600.
[01:15:01.000 --> 01:15:03.000]  Wait a minute, guys.
[01:15:03.000 --> 01:15:07.000]  They paid on this for nine months.
[01:15:07.000 --> 01:15:10.000]  They didn't subtract what they had reduced the mortgage by.
[01:15:10.000 --> 01:15:19.000]  And then they paid on it for, I think, six or seven years and did a modification.
[01:15:19.000 --> 01:15:30.000]  And in the modification, they started with $133,600, as if they hadn't paid on it for nine years
[01:15:30.000 --> 01:15:33.000]  and remortgaged it from the original amount.
[01:15:33.000 --> 01:15:37.000]  They always get the numbers wrong.
[01:15:37.000 --> 01:15:40.000]  Look at what they're charging you.
[01:15:40.000 --> 01:15:41.000]  They always get that wrong.
[01:15:41.000 --> 01:15:51.000]  I had an option arm, and they gave me a whole bunch of bills, and all of them were 6.5% interest.
[01:15:51.000 --> 01:15:53.000]  This was an option arm.
[01:15:53.000 --> 01:15:55.000]  It changed based on the LIBOR rate.
[01:15:55.000 --> 01:16:00.000]  And the LIBOR rate changed, in this case, every month.
[01:16:00.000 --> 01:16:02.000]  They reset the LIBOR rate.
[01:16:02.000 --> 01:16:07.000]  But they charged in the same amount not every month, and that was the maximum interest.
[01:16:07.000 --> 01:16:10.000]  Nobody ever looks at that.
[01:16:10.000 --> 01:16:14.000]  Nobody ever makes them prove up the dollars.
[01:16:14.000 --> 01:16:17.000]  And that's where you can win these states.
[01:16:17.000 --> 01:16:21.000]  That's where there's less wiggle room.
[01:16:21.000 --> 01:16:24.000]  You said, I owe this much money.
[01:16:24.000 --> 01:16:27.000]  Prove it up.
[01:16:27.000 --> 01:16:30.000]  Sure, you guys got accountants.
[01:16:30.000 --> 01:16:33.000]  Sure, you keep records of all the payments.
[01:16:33.000 --> 01:16:39.000]  Oh, you assigned it to someone else, or it was assigned to you,
[01:16:39.000 --> 01:16:44.000]  and they didn't send you all of their paperwork on how they got to their numbers.
[01:16:44.000 --> 01:16:48.000]  Sorry, brother. My life is tough.
[01:16:48.000 --> 01:16:50.000]  There are a number of ways to get them.
[01:16:50.000 --> 01:16:53.000]  Hang on, Andy Kelton, Brett Fountain, Ruva Radio.
[01:16:53.000 --> 01:17:00.000]  We'll be right back.
[01:17:24.000 --> 01:17:28.000]  Starting in January, our first-hour studies are in the Book of Mark,
[01:17:28.000 --> 01:17:32.000]  where we'll go verse by verse and discuss the true Gospel message.
[01:17:32.000 --> 01:17:35.000]  Our second-hour topical studies will vary each week
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[01:20:06.000 --> 01:20:07.000]  Okay.
[01:20:07.000 --> 01:20:08.000]  We are back.
[01:20:08.000 --> 01:20:11.000]  This is Brett from Voodoo World Radio.
[01:20:11.000 --> 01:20:13.000]  And we're talking to Tina in California.
[01:20:13.000 --> 01:20:15.000]  Tina, I keep interrupting you,
[01:20:15.000 --> 01:20:23.000]  but foreclosure is one of my favorite subjects.
[01:20:23.000 --> 01:20:24.000]  You were...
[01:20:24.000 --> 01:20:25.000]  I know.
[01:20:25.000 --> 01:20:30.000]  Let's go back to your original question because I kept interrupting you.
[01:20:30.000 --> 01:20:33.000]  Well, the question was did they, you know,
[01:20:33.000 --> 01:20:37.000]  and I think you answered it in one way because you said that
[01:20:37.000 --> 01:20:39.000]  Deed of Trust has a confessed judgment,
[01:20:39.000 --> 01:20:42.000]  but if they breach the covenant of that Deed of Trust,
[01:20:42.000 --> 01:20:46.000]  then they have issues and they did breach the covenant of that Deed of Trust.
[01:20:46.000 --> 01:20:52.000]  A, by sending me notices to, you know,
[01:20:52.000 --> 01:20:58.000]  something other than what was allowed on the note.
[01:20:58.000 --> 01:21:04.000]  And also by sending me, you know,
[01:21:04.000 --> 01:21:11.000]  notices to the wrong address and to names other than what was on the Deed of Trust.
[01:21:11.000 --> 01:21:16.000]  And adding more fees that...
[01:21:16.000 --> 01:21:20.000]  because it states that they can collect reasonable fees.
[01:21:20.000 --> 01:21:27.000]  Well, they collected 26,000 legal fees for a suit I was in against them
[01:21:27.000 --> 01:21:31.000]  without asking the court permission to add those fees,
[01:21:31.000 --> 01:21:36.000]  because it says they were legal fees, attorney's fees.
[01:21:36.000 --> 01:21:40.000]  They're supposed to ask the court for permission to charge attorney's fees.
[01:21:40.000 --> 01:21:41.000]  They didn't.
[01:21:41.000 --> 01:21:45.000]  They just went to my mortgage converting the equity to their...
[01:21:45.000 --> 01:21:48.000]  Which takes it out of your pocket.
[01:21:48.000 --> 01:21:51.000]  Yeah, it's just taking it right out of my pocket.
[01:21:51.000 --> 01:21:59.000]  And then when they put the notice of trustee sale into the public record,
[01:21:59.000 --> 01:22:02.000]  the recorder's office and the newspaper,
[01:22:02.000 --> 01:22:07.000]  they stated an amount due which stated that this is the total amount due
[01:22:07.000 --> 01:22:11.000]  and owing on this loan including other charges.
[01:22:11.000 --> 01:22:15.000]  Well, it was less than what I was expecting when I made the offer
[01:22:15.000 --> 01:22:20.000]  through this private lender to pay that offer for the lender to buy the home.
[01:22:20.000 --> 01:22:24.000]  They refused it, saying it was a short sale.
[01:22:24.000 --> 01:22:28.000]  Well, no, this is the number you said was true and owing.
[01:22:28.000 --> 01:22:32.000]  Now, if they got that number wrong and then they got the next number wrong
[01:22:32.000 --> 01:22:35.000]  and it went up and down like a yo-yo from there,
[01:22:35.000 --> 01:22:39.000]  how can they be right?
[01:22:39.000 --> 01:22:43.000]  Surely that...they have to get it correct.
[01:22:43.000 --> 01:22:45.000]  They're a bank, for God's sake.
[01:22:45.000 --> 01:22:47.000]  They have a banking charter.
[01:22:47.000 --> 01:22:49.000]  If they can't get the figures correct
[01:22:49.000 --> 01:22:53.000]  and they're $100,000 apart in three months,
[01:22:53.000 --> 01:22:58.000]  what remedy do I have other than the Homeowners' Bill of Rights
[01:22:58.000 --> 01:23:00.000]  which the California Supreme Court...
[01:23:00.000 --> 01:23:03.000]  Those are the issues you want to bring.
[01:23:03.000 --> 01:23:08.000]  You don't want to bring, show me the notes, securitization, all of that.
[01:23:08.000 --> 01:23:10.000]  You want to go to the contract.
[01:23:10.000 --> 01:23:13.000]  Here's what I agreed to pay.
[01:23:13.000 --> 01:23:15.000]  Here's what they charged me.
[01:23:15.000 --> 01:23:18.000]  Here's how they don't match.
[01:23:18.000 --> 01:23:23.000]  These are things that's harder for the courts to get around.
[01:23:23.000 --> 01:23:29.000]  You know, you look at the payment stubs that you get,
[01:23:29.000 --> 01:23:32.000]  they'll have an amount of principal, amount of interest,
[01:23:32.000 --> 01:23:35.000]  and then these other charges.
[01:23:35.000 --> 01:23:36.000]  Look at the principal and interest
[01:23:36.000 --> 01:23:40.000]  and then run an amortization on your note
[01:23:40.000 --> 01:23:44.000]  and see if what they're charging you matches.
[01:23:44.000 --> 01:23:47.000]  That's fraud straight up.
[01:23:47.000 --> 01:23:51.000]  If they ask you for more, if they ask you for more than you owe
[01:23:51.000 --> 01:23:56.000]  or less than you owe, both of those are really, really bad.
[01:23:56.000 --> 01:24:02.000]  Less than what you actually owe is probably worse than more
[01:24:02.000 --> 01:24:05.000]  because if they charge you less than you actually owe,
[01:24:05.000 --> 01:24:08.000]  you'll think you're getting a windfall.
[01:24:08.000 --> 01:24:13.000]  Then the first time you're slow to pay three months in a row,
[01:24:13.000 --> 01:24:15.000]  then they'll come to you and say,
[01:24:15.000 --> 01:24:18.000]  oh, my goodness, we made a mistake.
[01:24:18.000 --> 01:24:21.000]  We didn't charge you enough.
[01:24:21.000 --> 01:24:24.000]  You have to pay us $10,000 in the next 30 days
[01:24:24.000 --> 01:24:26.000]  and we're going to foreclose.
[01:24:26.000 --> 01:24:30.000]  I had several people have that happen to them.
[01:24:30.000 --> 01:24:33.000]  You need to make sure that what they're charging you
[01:24:33.000 --> 01:24:37.000]  is precisely what you owe.
[01:24:37.000 --> 01:24:41.000]  If not, that's a great suit to bring
[01:24:41.000 --> 01:24:44.000]  because it's not arbitrary or capricious.
[01:24:44.000 --> 01:24:46.000]  It's very straight up.
[01:24:46.000 --> 01:24:52.000]  And here's what happens when they change servicers.
[01:24:52.000 --> 01:24:54.000]  These are crazy. These are banks.
[01:24:54.000 --> 01:24:57.000]  You would think banks would really keep good records.
[01:24:57.000 --> 01:25:01.000]  When one servicer transfers the servicing rights
[01:25:01.000 --> 01:25:06.000]  to another servicer, they give them a total amount owed.
[01:25:06.000 --> 01:25:10.000]  They don't give them their payment records.
[01:25:10.000 --> 01:25:15.000]  So this new servicer has no idea of what was actually paid.
[01:25:15.000 --> 01:25:18.000]  They don't have any of those records.
[01:25:18.000 --> 01:25:23.000]  When you take the numbers from the note and the HUD1
[01:25:23.000 --> 01:25:26.000]  and you run an amortization on them and say,
[01:25:26.000 --> 01:25:29.000]  okay, according to my amortization on this day,
[01:25:29.000 --> 01:25:31.000]  I was up to date.
[01:25:31.000 --> 01:25:35.000]  This is what I should owe on this date.
[01:25:35.000 --> 01:25:39.000]  What you say I owe is not this amount.
[01:25:39.000 --> 01:25:42.000]  Anything over that amount is fraud.
[01:25:42.000 --> 01:25:46.000]  And look at what your principal is.
[01:25:46.000 --> 01:25:49.000]  If your principal is not what it should be,
[01:25:49.000 --> 01:25:55.000]  calculate how much more the principal is
[01:25:55.000 --> 01:25:57.000]  than what it should be.
[01:25:57.000 --> 01:26:06.000]  And you run that, extrapolate that variance out 30 years.
[01:26:06.000 --> 01:26:10.000]  Get an amount for if they're defrauding me this amount here
[01:26:10.000 --> 01:26:13.000]  and they do this for 30 years, how much would they defraud me of?
[01:26:13.000 --> 01:26:15.000]  And then triple that and then come back and sue them.
[01:26:15.000 --> 01:26:19.000]  Now you've got a monster number that they can't get around.
[01:26:19.000 --> 01:26:21.000]  Does that make sense, Tina?
[01:26:21.000 --> 01:26:25.000]  That makes sense, but would because they claim
[01:26:25.000 --> 01:26:30.000]  that everything I've bought is bought by West Judicata...
[01:26:30.000 --> 01:26:33.000]  Well, with your case, yes.
[01:26:33.000 --> 01:26:36.000]  This had to be done early on.
[01:26:36.000 --> 01:26:39.000]  It's too late now.
[01:26:39.000 --> 01:26:42.000]  Once you're in court, you have to bring all the claims you have.
[01:26:42.000 --> 01:26:45.000]  You can't bring more claims later.
[01:26:45.000 --> 01:26:48.000]  If you don't know, you have a claim, though.
[01:26:48.000 --> 01:26:50.000]  It's your job to know.
[01:26:50.000 --> 01:26:52.000]  That's what they'll tell you.
[01:26:52.000 --> 01:26:55.000]  Well, of course they will, but we're not attorneys.
[01:26:55.000 --> 01:26:57.000]  We don't go to court.
[01:26:57.000 --> 01:27:01.000]  Even if you hire an attorney and your attorney didn't get it right,
[01:27:01.000 --> 01:27:05.000]  they'll say, take it up with your attorney.
[01:27:05.000 --> 01:27:08.000]  Yep, and that's worthless, too.
[01:27:08.000 --> 01:27:11.000]  But taking my equity and converting it,
[01:27:11.000 --> 01:27:14.000]  but I bought all this up in one of my cases,
[01:27:14.000 --> 01:27:17.000]  and it violated the homeowners' bill of rights,
[01:27:17.000 --> 01:27:22.000]  and the judge, whose daughter was babysitting for the attorney's young son,
[01:27:22.000 --> 01:27:27.000]  just said he had denied me my sort of, you know, amendment, and they...
[01:27:27.000 --> 01:27:30.000]  You're in California, I know.
[01:27:30.000 --> 01:27:32.000]  I know.
[01:27:32.000 --> 01:27:34.000]  They ignore everything.
[01:27:34.000 --> 01:27:38.000]  Trying to follow law in California is a fool's errand,
[01:27:38.000 --> 01:27:42.000]  because they don't care, whoever pays them the most.
[01:27:42.000 --> 01:27:44.000]  I was looking at the State Bar Association.
[01:27:44.000 --> 01:27:47.000]  I have this project that I'm trying to sell to the bar.
[01:27:47.000 --> 01:27:52.000]  Well, Texas has right at 100,000 lawyers.
[01:27:52.000 --> 01:27:54.000]  California has 276,000.
[01:27:54.000 --> 01:27:56.000]  So I looked at it, and I said,
[01:27:56.000 --> 01:27:59.000]  well, maybe I could promote this to the California bar.
[01:27:59.000 --> 01:28:01.000]  And then I was doing some research on the bar.
[01:28:01.000 --> 01:28:05.000]  Arnold Schwarzenegger refused to approve the bar's budget
[01:28:05.000 --> 01:28:08.000]  because they were so corrupt.
[01:28:08.000 --> 01:28:11.000]  Governor Brown refused to sign their budget
[01:28:11.000 --> 01:28:13.000]  because they were so corrupt.
[01:28:13.000 --> 01:28:17.000]  And there's story after story of corruption in the bar.
[01:28:17.000 --> 01:28:22.000]  I looked at that and said, I don't want anything to do with these guys.
[01:28:22.000 --> 01:28:27.000]  These are absolute horrible criminals.
[01:28:27.000 --> 01:28:32.000]  I don't ever want to step into California.
[01:28:32.000 --> 01:28:34.000]  Not even to visit me?
[01:28:34.000 --> 01:28:37.000]  Oh, that one would do.
[01:28:37.000 --> 01:28:38.000]  But I don't know.
[01:28:38.000 --> 01:28:42.000]  The last time I was there, I was in San Diego,
[01:28:42.000 --> 01:28:45.000]  and I spent a week down there on the beach,
[01:28:45.000 --> 01:28:52.000]  and I could not catch a single bikini.
[01:28:52.000 --> 01:28:54.000]  It was tough.
[01:28:54.000 --> 01:28:57.000]  They're too fast.
[01:28:57.000 --> 01:29:01.000]  Yeah, they were all too fast for an old guy.
[01:29:01.000 --> 01:29:04.000]  Well, I guess what I'm going to have to do is keep fighting,
[01:29:04.000 --> 01:29:07.000]  and then I'm going to have to go after them for moral servitude
[01:29:07.000 --> 01:29:09.000]  to the attorneys in fraud
[01:29:09.000 --> 01:29:12.000]  and violations of their business and professional rules.
[01:29:12.000 --> 01:29:15.000]  I can go after them criminally in any other way I can
[01:29:15.000 --> 01:29:18.000]  just to give them a little bit of help.
[01:29:18.000 --> 01:29:21.000]  And if you can, look up some of their clients
[01:29:21.000 --> 01:29:23.000]  and tell their clients what scoundrels they are.
[01:29:23.000 --> 01:29:27.000]  Stick your clients on them.
[01:29:27.000 --> 01:29:32.000]  Well, yeah, I've yet to report them to the IRS for that PPP loan
[01:29:32.000 --> 01:29:35.000]  that they got forgiven for $6.9 million
[01:29:35.000 --> 01:29:38.000]  when they earned maybe $1 million that year.
[01:29:38.000 --> 01:29:41.000]  Okay, we're about to go to our sponsors.
[01:29:41.000 --> 01:29:43.000]  Do you have anything else for us, Tina?
[01:29:43.000 --> 01:29:45.000]  No, no, I'd like to get someone else up for the break.
[01:29:45.000 --> 01:29:47.000]  Thank you.
[01:29:47.000 --> 01:29:48.000]  Thank you, Tina.
[01:29:48.000 --> 01:29:51.000]  Okay, Randy Kelton, Brett Fountain, Rural Law Radio.
[01:29:51.000 --> 01:29:53.000]  We'll be right back.
[01:29:53.000 --> 01:30:03.000]  Music
[01:30:03.000 --> 01:30:07.000]  Reality TV, sugar, obesity, jet lag,
[01:30:07.000 --> 01:30:10.000]  the list of things that makes us dumber just keeps on growing.
[01:30:10.000 --> 01:30:13.000]  But now researchers say we can add stress to the list.
[01:30:13.000 --> 01:30:17.000]  I'm Dr. Catherine Albrecht, back with details in a moment.
[01:30:17.000 --> 01:30:19.000]  Privacy is under attack.
[01:30:19.000 --> 01:30:22.000]  When you give up data about yourself, you'll never get it back again.
[01:30:22.000 --> 01:30:24.000]  And once your privacy is gone,
[01:30:24.000 --> 01:30:27.000]  you'll find your freedoms will start to vanish too.
[01:30:27.000 --> 01:30:29.000]  So protect your rights.
[01:30:29.000 --> 01:30:33.000]  Say no to surveillance and keep your information to yourself.
[01:30:33.000 --> 01:30:35.000]  Privacy, it's worth hanging on to.
[01:30:35.000 --> 01:30:38.000]  This message is brought to you by StartPage.com,
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[01:30:46.000 --> 01:30:49.000]  Are you always on the go and juggling multiple projects?
[01:30:49.000 --> 01:30:52.000]  If so, you might think that multitasking proves you're smart.
[01:30:52.000 --> 01:30:56.000]  But think again, all that stress might be eating your brain.
[01:30:56.000 --> 01:31:00.000]  A new study finds stress reduces the number of connections between neurons,
[01:31:00.000 --> 01:31:04.000]  which actually makes it harder for people to manage problems.
[01:31:04.000 --> 01:31:07.000]  Researchers at Yale University found that stressed out people
[01:31:07.000 --> 01:31:10.000]  have less gray matter in their prefrontal cortex.
[01:31:10.000 --> 01:31:14.000]  That's the part of the brain that helps us away conflicting ideas
[01:31:14.000 --> 01:31:16.000]  and regulate our emotions.
[01:31:16.000 --> 01:31:18.000]  So take a deep breath and chill out.
[01:31:18.000 --> 01:31:21.000]  It'll help keep your mind as sharp as a tack.
[01:31:21.000 --> 01:31:24.000]  I'm Dr. Catherine Albrecht for StartPage.com,
[01:31:24.000 --> 01:31:31.000]  the world's most private search engine.
[01:31:31.000 --> 01:31:37.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:37.000 --> 01:31:39.000]  The government says that fire brought it down.
[01:31:39.000 --> 01:31:44.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:44.000 --> 01:31:48.000]  Over 6,000 of my fellow service members have given their lives,
[01:31:48.000 --> 01:31:50.000]  and thousands of my fellow force responders are dying.
[01:31:50.000 --> 01:31:51.000]  I'm not a conspiracy theorist.
[01:31:51.000 --> 01:31:52.000]  I'm a structural engineer.
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[01:32:14.000 --> 01:32:16.000]  Among those rights are the right to travel freely from place to place,
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[01:33:02.000 --> 01:33:08.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:32.000 --> 01:33:37.000]  Chippy on your mom, Chippy on your daddy, Chippy on your grandpa and the granny,
[01:33:37.000 --> 01:33:42.000]  Chippy on me, Chippy on your baby, Chippy on your family, whole family,
[01:33:42.000 --> 01:33:47.000]  Chippy on your dog and the cafe around we, Chippy on the beef and you still go eat it,
[01:33:47.000 --> 01:33:52.000]  Chippy on the fish, them all in the sea, Chippy on the shark and the whale around we,
[01:33:52.000 --> 01:33:54.000]  Killing the sea mankind gone chippy crazy,
[01:33:54.000 --> 01:33:59.000]  They're the killing king, man they want to be, Social Security, them go tell me,
[01:33:59.000 --> 01:34:01.000]  Number well them give me, them repeat up to sea,
[01:34:01.000 --> 01:34:05.760]  I'm trippy when the morning, trippy when the evening, trippy when I'm in the time.
[01:34:05.760 --> 01:34:10.000]  Experiment on mankind, but man can say them things.
[01:34:10.000 --> 01:34:17.000]  Okay, howdy, howdy, Randy Kelton for
[01:34:17.000 --> 01:34:20.000]  Going to Terry in Missouri.
[01:34:20.000 --> 01:34:21.000]  Is that Montana?
[01:34:21.000 --> 01:34:22.000]  M-O is Montana.
[01:34:22.000 --> 01:34:23.000]  No, that's Missouri.
[01:34:23.000 --> 01:34:24.000]  Yep.
[01:34:24.000 --> 01:34:25.000]  Montana, T.
[01:34:25.000 --> 01:34:30.000]  Missouri.
[01:34:30.000 --> 01:34:31.000]  Shelby, Shelby.
[01:34:31.000 --> 01:34:32.000]  Yeah.
[01:34:32.000 --> 01:34:35.000]  Okay, what do you have for us?
[01:34:35.000 --> 01:34:38.000]  Yeah, I hope you guys got the popcorn going.
[01:34:38.000 --> 01:34:42.000]  You've never heard of this in your entire career and I know how long you've been at what you've
[01:34:42.000 --> 01:34:43.000]  been doing.
[01:34:43.000 --> 01:34:47.000]  I'm going to have to kind of start from the beginning.
[01:34:47.000 --> 01:35:14.000]  Back in August of 1999, my brother had a company come out to his home here in central Missouri
[01:35:14.000 --> 01:35:43.000]  and he had an application for credit and on the credit it said it was a retail installment contract
[01:35:43.000 --> 01:35:45.000]  credit.
[01:35:45.000 --> 01:35:50.000]  And retail installment loans at least here in Missouri fall under Chapter 365.
[01:35:50.000 --> 01:36:02.000]  That applies only to new and used cars, motorcycles, RVs and new and used motor home.
[01:36:02.000 --> 01:36:10.000]  And there were two other names that were on this fake credit application and those names we
[01:36:10.000 --> 01:36:14.000]  finally found out through open records in Missouri.
[01:36:14.000 --> 01:36:23.000]  On the application it says TMS Mortgage, DBA, the money store.
[01:36:23.000 --> 01:36:33.000]  Well, here in Missouri in 1995, TMS Mortgage, its principal place of operating is out of
[01:36:33.000 --> 01:36:34.000]  New Jersey.
[01:36:34.000 --> 01:36:43.000]  So they came here, signed a merger, filed it with the Secretary of State with a company that's
[01:36:43.000 --> 01:36:52.000]  domiciled here in Missouri called the Money Store Forward slash Missouri Incorporated.
[01:36:52.000 --> 01:36:59.000]  So on the credit application, it removed the word Missouri.
[01:36:59.000 --> 01:37:07.000]  And so my brother and everybody around here, of course, would think that okay, these guys have a
[01:37:07.000 --> 01:37:13.000]  contract with this nationwide company called the Money Store, which is all around America,
[01:37:13.000 --> 01:37:15.000]  which it was not.
[01:37:15.000 --> 01:37:24.000]  Then the deed of trust that was filled out was prepared by the Money Store out of California.
[01:37:24.000 --> 01:37:30.000]  Now, the Money Store in California, TMS Mortgage and the Money Store in Missouri,
[01:37:30.000 --> 01:37:37.000]  according to all of the open records we got from the Missouri Secretary of State and the Division of
[01:37:37.000 --> 01:37:44.000]  Finance are and have never been contracted with ABC Seamless Society.
[01:37:44.000 --> 01:37:51.000]  And all four of those companies are not monied corporations to lend credit.
[01:37:51.000 --> 01:38:00.000]  That makes that application, as you well know, a counterfeited security all day long.
[01:38:00.000 --> 01:38:02.000]  Okay?
[01:38:02.000 --> 01:38:04.000]  So we never knew that.
[01:38:04.000 --> 01:38:11.000]  In 2009, my brother ran into financial trouble and made his last payment.
[01:38:11.000 --> 01:38:13.000]  Never heard from him.
[01:38:13.000 --> 01:38:15.000]  Not in the many years.
[01:38:15.000 --> 01:38:26.000]  So time went by, and in late 2021, I think it was around November, December, a debt collection company
[01:38:26.000 --> 01:38:35.000]  filed, Southwall PC, by the way, out of Kansas, filed a forged deed of trust.
[01:38:35.000 --> 01:38:43.000]  Then they sold it to a company called HLI in Nevada, Missouri.
[01:38:43.000 --> 01:38:47.000]  And this is the fun part.
[01:38:47.000 --> 01:38:51.000]  Let me grab this here just a moment.
[01:38:51.000 --> 01:39:00.000]  This guy that owns this company in Nevada, Missouri, this is exactly what he did.
[01:39:00.000 --> 01:39:04.000]  He sent letters through the mail.
[01:39:04.000 --> 01:39:15.000]  He put one of his real estate signs on a neighbor's open pasture that's across from the driveway that my
[01:39:15.000 --> 01:39:20.000]  brother drives up and down this big hill on his farm.
[01:39:20.000 --> 01:39:28.000]  And on this sign, it had his old street address with an arrow pointing to an envelope.
[01:39:28.000 --> 01:39:34.000]  And we kind of thought that it was our old neighbor that was doing it for sale by owner and just want my
[01:39:34.000 --> 01:39:36.000]  brother to know about it.
[01:39:36.000 --> 01:39:45.000]  So I think it was a night went by, and my brother was driving, he works in the evening, he's driving down
[01:39:45.000 --> 01:39:54.000]  this humongous hill, and he sees a UPS envelope that's laying on the ground by his front gate.
[01:39:54.000 --> 01:39:56.000]  It's a big farm.
[01:39:56.000 --> 01:40:03.000]  So he opens it up, and he sees this letter in there, and it almost gave him a heart attack.
[01:40:03.000 --> 01:40:06.000]  And here's what it said.
[01:40:06.000 --> 01:40:14.000]  It said to, and I'm going to leave my brother's name off this, but it says to so-and-so from HLI.
[01:40:14.000 --> 01:40:24.000]  On January 31, 2022, there was a public auction at the Cooper County Courthouse for property located
[01:40:24.000 --> 01:40:30.000]  at 27055 Lackner Road, Prairie Home, Missouri.
[01:40:30.000 --> 01:40:36.000]  We have attached a copy of the sale notice that was published in a local newspaper.
[01:40:36.000 --> 01:40:45.000]  There were five bidders present, the lender that ordered the sale, besides the lender that ordered the sale.
[01:40:45.000 --> 01:40:54.000]  I think all of us were smaller private investors that buy a smaller number of properties each year.
[01:40:54.000 --> 01:41:01.000]  Four of five bidders made bids at the live public auction on the home.
[01:41:01.000 --> 01:41:05.000]  HLI ended up being the winning bidder.
[01:41:05.000 --> 01:41:10.000]  We should receive the deed of trust in 30 days from the trustee.
[01:41:10.000 --> 01:41:14.000]  We plan to offer the home and land for sale.
[01:41:14.000 --> 01:41:25.000]  It has always been our courtesy policy to offer the opportunity to buy the home to previous owners.
[01:41:25.000 --> 01:41:35.000]  First, when the property is occupied at auction time, would you have an interest in buying the home?
[01:41:35.000 --> 01:41:42.000]  We have reached out and paid for insurance on the property to protect our investment.
[01:41:42.000 --> 01:41:47.000]  We are hoping you will have interest in buying.
[01:41:47.000 --> 01:41:53.000]  We will sell it to you for a lot less.
[01:41:53.000 --> 01:41:56.000]  Get to your question.
[01:41:56.000 --> 01:42:02.000]  It appears as though they manufactured a sale and sold the property and property.
[01:42:02.000 --> 01:42:05.000]  Is that what you're getting to?
[01:42:05.000 --> 01:42:08.000]  We've already proved that, yes.
[01:42:08.000 --> 01:42:11.000]  What is your question?
[01:42:11.000 --> 01:42:13.000]  We have a judge.
[01:42:13.000 --> 01:42:18.000]  We hired attorneys before he knew all of this.
[01:42:18.000 --> 01:42:25.000]  When we were discovering all this and we took it to him, all three of them withdrew.
[01:42:25.000 --> 01:42:29.000]  We've been tackling it ourselves.
[01:42:29.000 --> 01:42:36.000]  This judge proceeded after we gave them all the evidence.
[01:42:36.000 --> 01:42:45.000]  And threatened my brother in open court, we filed a criminal complaint with all the attached exhibits with the sheriff.
[01:42:45.000 --> 01:42:48.000]  He refused to do anything.
[01:42:48.000 --> 01:42:50.000]  Then we followed with the prosecuting attorney.
[01:42:50.000 --> 01:42:53.000]  He refused to do anything.
[01:42:53.000 --> 01:42:58.000]  And we went to the court clerks to see the judge immediately.
[01:42:58.000 --> 01:43:00.000]  They got in our way.
[01:43:00.000 --> 01:43:13.000]  And so we filed this and asked for a hearing and the judge threatened my brother in open court not to go forward and present the evidence.
[01:43:13.000 --> 01:43:15.000]  So they've been acting.
[01:43:15.000 --> 01:43:19.000]  There was a federal bank.
[01:43:19.000 --> 01:43:20.000]  Hold on.
[01:43:20.000 --> 01:43:23.000]  There's parts missing here.
[01:43:23.000 --> 01:43:25.000]  In open court.
[01:43:25.000 --> 01:43:34.000]  Was he trying to file criminal complaints while you were in a civil case?
[01:43:34.000 --> 01:43:35.000]  Hang on.
[01:43:35.000 --> 01:43:41.000]  Did he just walk into court and try to start talking about this other topic?
[01:43:41.000 --> 01:43:43.000]  We'll pick this up on the other side.
[01:43:43.000 --> 01:43:48.000]  But it sounds like what you told me, these complaints don't go to the state anyway.
[01:43:48.000 --> 01:43:49.000]  They go to the Fed.
[01:43:49.000 --> 01:43:50.000]  Hang on.
[01:43:50.000 --> 01:43:53.000]  Randy Kelton, Brett Fountain, WheelRail Radio.
[01:43:53.000 --> 01:44:00.000]  We'll be right back.
[01:44:23.000 --> 01:44:29.000]  How to get debt collectors out of your credit report.
[01:44:29.000 --> 01:44:34.000]  How to turn the financial tables on them and make them pay you to go away.
[01:44:34.000 --> 01:44:39.000]  The Michael Mears proven method is the solution for how to stop debt collectors.
[01:44:39.000 --> 01:44:41.000]  Personal consultation is available as well.
[01:44:41.000 --> 01:44:50.000]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner or email michaelmears at yahoo.com.
[01:44:50.000 --> 01:44:57.000]  To learn how to stop debt collectors next.
[01:44:57.000 --> 01:45:00.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:58.000 --> 01:46:24.000]  866-LAW-EZ.
[01:46:24.000 --> 01:46:31.000]  In this world I will never understand something I realize fully.
[01:46:31.000 --> 01:46:40.000]  Somebody's gonna police that policeman. Somebody's gonna police the police.
[01:46:40.000 --> 01:46:45.000]  There's always a room at the top of the hill.
[01:46:45.000 --> 01:46:49.000]  I hear through the grapevine and it's lonely there too.
[01:46:49.000 --> 01:46:53.000]  They're wishing it with more than I position the bill.
[01:46:53.000 --> 01:46:57.000]  They know that if they don't do it, somebody will.
[01:46:57.000 --> 01:47:02.000]  In this world I will never understand something I realize fully.
[01:47:02.000 --> 01:47:07.000]  Okay, we are back. Randy Kelton, Bret Fountain, Rule of Law Radio.
[01:47:07.000 --> 01:47:10.000]  And we're talking to Terry in Missouri.
[01:47:10.000 --> 01:47:14.000]  Terry, this is much too complex for one segment.
[01:47:14.000 --> 01:47:19.000]  Can you call in tomorrow night?
[01:47:19.000 --> 01:47:24.000]  A little bit more and we'll do that. There's no promissory note.
[01:47:24.000 --> 01:47:26.000]  The loan is a fake.
[01:47:26.000 --> 01:47:33.000]  And all the deeds addressed for 24 years are all forgeries and we've proven it.
[01:47:33.000 --> 01:47:35.000]  Okay, hold on, hold on.
[01:47:35.000 --> 01:47:40.000]  Can you send me that? I'll look at it tomorrow, then let's talk about it tomorrow night.
[01:47:40.000 --> 01:47:47.000]  Yeah, I'll do that. It'll be later tomorrow, but I'll get that done.
[01:47:47.000 --> 01:47:50.000]  That's okay. Tomorrow we do a four-hour show.
[01:47:50.000 --> 01:47:55.000]  We're on our last segment and I've got two more callers and yours is going to take way too long.
[01:47:55.000 --> 01:47:57.000]  I've got three more callers.
[01:47:57.000 --> 01:48:02.000]  Chris and Bob in California, sorry guys, I just got a first-time caller.
[01:48:02.000 --> 01:48:05.000]  You guys got screwed.
[01:48:05.000 --> 01:48:10.000]  Yeah, call us back tomorrow. We'll have more time.
[01:48:10.000 --> 01:48:14.000]  Okay, he dropped off.
[01:48:14.000 --> 01:48:20.000]  Chris, Bob, you're both open.
[01:48:20.000 --> 01:48:25.000]  Can you call us back tomorrow? I've got a first-time caller.
[01:48:25.000 --> 01:48:27.000]  Yeah, yeah.
[01:48:27.000 --> 01:48:35.000]  Good, thank you. I'll take you guys first, except for Bob. I may not take Bob at all.
[01:48:35.000 --> 01:48:38.000]  Just kidding.
[01:48:38.000 --> 01:48:43.000]  Okay, thanks. Call us back tomorrow and we'll take you to the top.
[01:48:43.000 --> 01:48:57.000]  Okay, now we're going to first-time caller, give us a state and a first name.
[01:48:57.000 --> 01:49:05.000]  Oh, try it when I unmuted you. Now give us a state and a first name.
[01:49:05.000 --> 01:49:07.000]  Can you hear me?
[01:49:07.000 --> 01:49:10.000]  Yes, Joe.
[01:49:10.000 --> 01:49:21.000]  Okay, this is Al. I was invited to the call by Brent and I'm actually in Southern California right now.
[01:49:21.000 --> 01:49:25.000]  The incident took place on August the 10th within Sacramento.
[01:49:25.000 --> 01:49:28.000]  Okay, give us a first name.
[01:49:28.000 --> 01:49:29.000]  Alan.
[01:49:29.000 --> 01:49:33.000]  He said Al. Oh, Alan, okay.
[01:49:33.000 --> 01:49:43.000]  Alan, California, okay. What do you have for us today?
[01:49:43.000 --> 01:49:49.000]  Well, I had a six-hour call on August the 10th.
[01:49:49.000 --> 01:49:55.000]  Wait a minute, wait a minute. Are you on a Bluetooth or a hands-free device?
[01:49:55.000 --> 01:50:01.000]  Yeah, I'm on a hands-free device. No, it's not Bluetooth. I just got it on the speakerphone.
[01:50:01.000 --> 01:50:07.000]  It's just kind of cutting out a little bit there for us. We couldn't make out what you were saying.
[01:50:07.000 --> 01:50:09.000]  Can you hear me now?
[01:50:09.000 --> 01:50:13.000]  Much better.
[01:50:13.000 --> 01:50:31.000]  What I'm saying is I got ambushed by sheriff's dogs in our cars on August the 10th, 2022 in Sacramento, California.
[01:50:31.000 --> 01:50:37.000]  There were more than 14. I got 14 bags, but I don't have all their names. They wouldn't release me all the names.
[01:50:37.000 --> 01:50:42.000]  Wait a minute. I can't understand what you're saying. Can you understand him, Brent?
[01:50:42.000 --> 01:50:51.000]  I think he's saying he got accosted by some sheriff deputies or some staff.
[01:50:51.000 --> 01:50:59.000]  Alan, are you the guy that I was just seeing on Telegram that you had your van taken?
[01:50:59.000 --> 01:51:02.000]  It's the same guy?
[01:51:02.000 --> 01:51:15.000]  Okay. What I understood, Randy, from Telegram is that he had his van taken. There were more than 14 officers.
[01:51:15.000 --> 01:51:27.000]  They accused him of doing an illegal U-turn. They ended up taking his van and roughing him up.
[01:51:27.000 --> 01:51:32.000]  They refused to identify themselves, and he's been trying to get some.
[01:51:32.000 --> 01:51:38.000]  In California, they call it FOIA for the records request.
[01:51:38.000 --> 01:51:48.000]  He's tried to get some records, but not been able to get some success yet.
[01:51:48.000 --> 01:51:50.000]  Is that a good start, Alan?
[01:51:50.000 --> 01:51:59.000]  Are we painting any picture there? If I'm missing any parts, tell me or if I got something wrong there.
[01:51:59.000 --> 01:52:01.000]  Can you hear me?
[01:52:01.000 --> 01:52:07.000]  Now we can. I think you dropped off and came back. Okay, I've got you unmuted. Go ahead.
[01:52:07.000 --> 01:52:12.000]  Yeah, I dropped off. I don't know what happened and came back in.
[01:52:12.000 --> 01:52:18.000]  I didn't really hear everything that you had to say, but I'll just try to break it down as short as I can.
[01:52:18.000 --> 01:52:22.000]  Are you the guy that's on the Telegram channel?
[01:52:22.000 --> 01:52:23.000]  Yes, I am.
[01:52:23.000 --> 01:52:25.000]  Had your van taken?
[01:52:25.000 --> 01:52:26.000]  Yes.
[01:52:26.000 --> 01:52:27.000]  Okay.
[01:52:27.000 --> 01:52:35.000]  I was ambushed by sheriff's bugs in their unmarked cars at gunpoint.
[01:52:35.000 --> 01:52:42.000]  They were going to blow my head off. They claimed that I did an illegal U-turn.
[01:52:42.000 --> 01:52:50.000]  But in reality, they were pissed because we would beat them in the case in the alleged eviction process.
[01:52:50.000 --> 01:53:00.000]  The court had no jurisdiction whatsoever, so they did their backdoor deal, and it just turned out horrible, but it could have been worse.
[01:53:00.000 --> 01:53:08.000]  They were going to blow my head off, seriously. It was very nerve-racking to say the least.
[01:53:08.000 --> 01:53:15.000]  So I got 14 names. So far, there were more involved, but I don't have all of their legal names.
[01:53:15.000 --> 01:53:23.000]  They won't provide all of their legal names, and they won't provide the body cams of those that were involved.
[01:53:23.000 --> 01:53:29.000]  But it was a very, very hairy situation.
[01:53:29.000 --> 01:53:37.000]  Let me ask you this. When did you ask for the body cams, dash cams, any of that? When did you ask?
[01:53:37.000 --> 01:53:42.000]  Probably a few months or so after the incident.
[01:53:42.000 --> 01:53:47.000]  Okay. Well, you might be out of luck there.
[01:53:47.000 --> 01:53:54.000]  Unless you can get some policies from them that say that they keep things for six months or something,
[01:53:54.000 --> 01:54:02.000]  if you're out beyond 30 days, 90 days, it's very unlikely they're still going to have those.
[01:54:02.000 --> 01:54:07.000]  Once you ask for it, then they have to hang on to it.
[01:54:07.000 --> 01:54:15.000]  And if there's anything that's a pending case that would go to that, then they have to hang on to it.
[01:54:15.000 --> 01:54:19.000]  But otherwise, they just leave it in their normal routine for cleanup.
[01:54:19.000 --> 01:54:28.000]  And if they have video of themselves looking bad on camera, that's likely to get cleaned up real quick.
[01:54:28.000 --> 01:54:33.000]  I imagine so, yeah. So yeah, they were looking pretty bad.
[01:54:33.000 --> 01:54:38.000]  But I did record it. I was able to record the encounter.
[01:54:38.000 --> 01:54:41.000]  So I haven't even listened to the recording myself yet.
[01:54:41.000 --> 01:54:44.000]  I've just been dealing with all the aftermath of it all.
[01:54:44.000 --> 01:54:46.000]  I was pretty shell-shocked over it.
[01:54:46.000 --> 01:54:48.000]  And I haven't even listened to the recording.
[01:54:48.000 --> 01:54:54.000]  But other people listened to it and said, man, that was very bad, hairy stuff right there.
[01:54:54.000 --> 01:54:58.000]  So what do you want to do?
[01:54:58.000 --> 01:55:02.000]  Well, I want to get the van back.
[01:55:02.000 --> 01:55:08.000]  If I can, I don't even know if they still have it or not, the tow yarn.
[01:55:08.000 --> 01:55:11.000]  I need to find out if they still even have it.
[01:55:11.000 --> 01:55:15.000]  But it would be nice if I could get the bodycams.
[01:55:15.000 --> 01:55:21.000]  When they responded to me, to my FOIA, when they responded, they said they didn't –
[01:55:21.000 --> 01:55:24.000]  they was not going to provide it.
[01:55:24.000 --> 01:55:29.000]  They didn't give no timeline or nothing, you know, the time expired or nothing like that.
[01:55:29.000 --> 01:55:32.000]  They just gave me some code that they were –
[01:55:32.000 --> 01:55:37.000]  they referred to some code of why they weren't going to release the bodycams
[01:55:37.000 --> 01:55:42.000]  and or the legal names, all of their legal names.
[01:55:42.000 --> 01:55:44.000]  Yeah, that's normal. That's pretty difficult.
[01:55:44.000 --> 01:55:49.000]  A lot of times what happens is when we want to request from some records,
[01:55:49.000 --> 01:55:54.000]  we go to them from a position of not really knowing who we are,
[01:55:54.000 --> 01:55:57.000]  that we're the master and they're the servants,
[01:55:57.000 --> 01:56:04.000]  and we go to them with kind of a mother-may-I kind of request.
[01:56:04.000 --> 01:56:09.000]  No, I required it. I know better.
[01:56:09.000 --> 01:56:13.000]  I know better than doing that kind of shit.
[01:56:13.000 --> 01:56:17.000]  I required that stuff, that information.
[01:56:17.000 --> 01:56:21.000]  So then what happened? You didn't follow through.
[01:56:21.000 --> 01:56:22.000]  What's that?
[01:56:22.000 --> 01:56:26.000]  It doesn't do any good if you don't follow through.
[01:56:26.000 --> 01:56:32.000]  It's not a magic word, saying demand or require instead of please.
[01:56:32.000 --> 01:56:36.000]  That's not what I mean. I mean, there has to be some follow-through.
[01:56:36.000 --> 01:56:41.000]  I know all about follow-up and all that stuff. I get it. I totally get it.
[01:56:41.000 --> 01:56:50.000]  So I guess I'll be following up again. I've been dealing with all this stuff.
[01:56:50.000 --> 01:56:51.000]  Okay. Hold on.
[01:56:51.000 --> 01:56:56.000]  In California, when a custodian of the record has reason to believe
[01:56:56.000 --> 01:57:02.000]  that they're allowed to withhold records, what is your remedy?
[01:57:02.000 --> 01:57:08.000]  What must they do?
[01:57:08.000 --> 01:57:14.000]  Okay. Hold on. The reason I asked it that way is in Texas,
[01:57:14.000 --> 01:57:18.000]  if I request records, they cannot just withhold the records.
[01:57:18.000 --> 01:57:24.000]  They have to request an opinion from the state attorney general.
[01:57:24.000 --> 01:57:28.000]  Did these guys request an opinion from anyone,
[01:57:28.000 --> 01:57:32.000]  or did they just tell you they weren't going to produce them?
[01:57:32.000 --> 01:57:36.000]  They said they weren't going to produce them. They gave a code.
[01:57:36.000 --> 01:57:42.000]  What does the California open records law say
[01:57:42.000 --> 01:57:49.000]  about when a governmental agency can withhold records?
[01:57:49.000 --> 01:57:52.000]  I don't know what it says. I haven't looked it up.
[01:57:52.000 --> 01:57:56.000]  Okay. We're out of time. Call us back tomorrow night,
[01:57:56.000 --> 01:57:59.000]  and we'll address this a little further.
[01:57:59.000 --> 01:58:05.000]  You need to know what the FOIA says so you'll know what your rights are,
[01:58:05.000 --> 01:58:08.000]  what you can do, what they can't do.
[01:58:08.000 --> 01:58:10.000]  They're going to claim an exemption
[01:58:10.000 --> 01:58:15.000]  because these records are part of a criminal prosecution.
[01:58:15.000 --> 01:58:19.000]  Or because the name of somebody is sensitive information.
[01:58:19.000 --> 01:58:21.000]  You have to know how to ask for it,
[01:58:21.000 --> 01:58:26.000]  and you find out how to follow through by reading those statutes.
[01:58:26.000 --> 01:58:29.000]  Okay. Brad, thanks for inviting me to the call.
[01:58:29.000 --> 01:58:31.000]  Is this Randy Kelly?
[01:58:31.000 --> 01:58:33.000]  Yes, it is.
[01:58:33.000 --> 01:58:35.000]  Hey, I talked with you a few years ago.
[01:58:35.000 --> 01:58:38.000]  You probably don't remember me.
[01:58:38.000 --> 01:58:40.000]  I've slept since then.
[01:58:40.000 --> 01:58:42.000]  Okay, we're out of time. Call in tomorrow night.
[01:58:42.000 --> 01:58:45.000]  Randy Kelton, Brett Dalton, and we'll have our radio.
[01:58:45.000 --> 01:58:50.000]  Thank you all for listening, and good night.
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