ROL_2011-01-14_16k_Hr3-4.timecode
[00:00.000 --> 00:09.240] At least 509 people have been killed by flooding and mudslides in Brazil's mountain region
[00:09.240 --> 00:10.760] north of Rio.
[00:10.760 --> 00:14.200] More rain fell Friday, hindering rescue efforts.
[00:14.200 --> 00:16.300] Officials fear the number will rise.
[00:16.300 --> 00:19.440] Local reports put the number of missing in the hundreds.
[00:19.440 --> 00:26.560] Despite the rain, relatives hauled the dead down the hills to freshly dug graves.
[00:26.560 --> 00:31.760] The satellite radio network Clear Channel in Tucson has taken down a billboard riddled
[00:31.760 --> 00:35.960] with fake bullet holes near the site of last Saturday's shootings.
[00:35.960 --> 00:41.440] The billboard advertised conservative talk show host Rush Limbaugh as a straight shooter.
[00:41.440 --> 00:46.200] Right-wing news commentators have come under fire since the Tucson shooting for their use
[00:46.200 --> 00:49.040] of inflammatory language.
[00:49.040 --> 00:54.200] Tea party activists in Tennessee are pushing state legislators to amend school curriculum
[00:54.200 --> 01:00.320] to eliminate criticisms of the founding fathers for holding slaves and killing Native Americans.
[01:00.320 --> 01:05.380] Tea party spokesman Hal Rounds said there was, quote, an awful lot of made-up criticism
[01:05.380 --> 01:09.440] about the founders intruding on Indians or having slaves.
[01:09.440 --> 01:16.040] Last March, the Texas Board of Education replaced the term slave trade with the euphemism Atlantic
[01:16.040 --> 01:19.040] triangular trade.
[01:19.040 --> 01:23.160] Floods have left parts of Brisbane, Australia's third biggest city, Thursday, looking like
[01:23.160 --> 01:29.480] a war zone in need of years of reconstruction, while a cyclone was forecast offshore.
[01:29.480 --> 01:35.160] Floods across the state of Queensland have killed at least 19 people, with 61 missing.
[01:35.160 --> 01:40.760] Queensland premier Anna Bly said three-quarters of the state, an area the size of South Africa,
[01:40.760 --> 01:46.160] was now officially a disaster zone, adding, we are facing a reconstruction effort of post-war
[01:46.160 --> 01:47.760] proportions.
[01:47.760 --> 01:51.640] Officials warned of the risk of further severe flooding in the coming weeks, with two months
[01:51.640 --> 01:53.720] of wet season still ahead.
[01:53.720 --> 01:58.120] One central bank economist has warned the floods could cut gross domestic product by
[01:58.120 --> 02:03.080] 1 percent, wiping $13 billion from the economy.
[02:03.080 --> 02:08.120] On the eve of Martin Luther King Day Monday, a new report has documented startling disparities
[02:08.120 --> 02:13.960] of income between races in the U.S. United for a Fair Economy's annual State of the Dream
[02:13.960 --> 02:20.040] report found blacks earned only 57 cents for each dollar white families earned, Latinos
[02:20.040 --> 02:22.200] earned only 59 cents.
[02:22.200 --> 02:27.400] Incredibly, blacks had only 10 cents of net wealth, while Latinos have 12 cents for every
[02:27.400 --> 02:29.520] dollar of white net worth.
[02:29.520 --> 02:35.560] The official unemployment rate among blacks was 15.8 percent and 13 percent among Latinos,
[02:35.560 --> 02:39.040] versus the national average of 9.6 percent.
[02:39.040 --> 02:44.440] Brian Miller, the report's co-author, wrote, quote, austerity measures based on the conservative
[02:44.440 --> 02:49.340] tenants of less government and lower taxes will ratchet down the standard of living for
[02:49.340 --> 02:55.280] all Americans, while simultaneously widening our nation's racial and economic divide.
[02:55.280 --> 03:00.440] For more details on these stories, visit www.inmworldreport.net.
[03:00.440 --> 03:11.440] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[03:11.440 --> 03:20.440] talk radio at its best.
[03:41.440 --> 04:00.440] We are originators, and the pathway seems to get straighter every day, and I can take
[04:00.440 --> 04:12.440] it to me and put it to good use, but I was good for the gander, don't work for the fools.
[04:12.440 --> 04:24.440] I know some architects, I know some engineers, they see the evidence, they know a certain
[04:24.440 --> 04:33.440] thing, and I know a certain thing.
[04:33.440 --> 04:36.440] Okay folks, we are back.
[04:36.440 --> 04:41.440] We're going to be taking your calls in just a moment.
[04:41.440 --> 04:46.600] First, we want to hear the report from Eddie concerning Mike Handel's trial of the TSA
[04:46.600 --> 04:47.600] water bottle.
[04:47.600 --> 04:48.600] What happened?
[04:48.600 --> 04:59.680] Okay, well, the trial went on from approximately 9 o'clock yesterday until 9 o'clock last night,
[04:59.680 --> 05:03.160] and then was continued today.
[05:03.160 --> 05:10.400] Mike was able to do his direct testimony last night, and that's where they closed.
[05:10.400 --> 05:16.160] Today started off with Mike completing that and cross-examination by the prosecutor, and
[05:16.160 --> 05:27.560] then rebuttal to previous examination responses by the witnesses.
[05:27.560 --> 05:35.960] Basically when it was all said and done, Mike was found guilty, but the prosecutor was asking
[05:35.960 --> 05:42.480] the jury to return whatever fine they deemed prudent under all of the conditions involved
[05:42.480 --> 05:43.480] in the accusation.
[05:43.480 --> 05:49.080] Well, the limit was between $1 and $500 for the fine.
[05:49.080 --> 05:55.680] The jury returned a guilty verdict and a $1 fine.
[05:55.680 --> 06:01.080] Now this is both good and bad for what I believe to be the following reasons.
[06:01.080 --> 06:05.600] The jury members didn't want to talk to us because they had seen us sitting there, so
[06:05.600 --> 06:10.240] they associated us with the defendant, so they didn't want to make any direct comments
[06:10.240 --> 06:12.940] or conversation with us.
[06:12.940 --> 06:19.040] But based upon that return verdict and fine, this is the way that I believe they were viewing
[06:19.040 --> 06:21.400] what they had.
[06:21.400 --> 06:26.240] Based upon the charge given by the judge, the jury was under the presumption that they
[06:26.240 --> 06:32.240] must find Mike guilty.
[06:32.240 --> 06:39.320] But based upon the testimony, they did not believe that Mike had actually done anything
[06:39.320 --> 06:45.000] wrong, hence the $1 fine.
[06:45.000 --> 06:51.160] So this just goes to show you that through the order that the court directs to the jury,
[06:51.160 --> 06:57.760] even though they tell them the presumption of innocence exists, they directly tell the
[06:57.760 --> 07:04.920] jury that they are not allowed to consider the law, that only the judge can tell them
[07:04.920 --> 07:06.880] what the law is.
[07:06.880 --> 07:11.120] That is a blatant lie on a part of a judge.
[07:11.120 --> 07:17.800] It's an absolute lie, and the judges are aware of this.
[07:17.800 --> 07:23.240] Now Mike's got in all of his appealable issues on this case on the record, which is his denial
[07:23.240 --> 07:29.260] of due process time and time again at every stage of this proceeding.
[07:29.260 --> 07:36.840] He has several direct issues with the judge proceeding to trial, absent jurisdiction,
[07:36.840 --> 07:39.040] so on and so forth.
[07:39.040 --> 07:46.640] So this is not actually an appealable issue, this is a voidable issue.
[07:46.640 --> 07:55.320] Now over the course of these two days, Judge Statman made a direct order to everyone in
[07:55.320 --> 07:56.320] the court.
[07:56.320 --> 08:04.680] And that was that absolutely no media personnel of any kind were to be allowed to view the
[08:04.680 --> 08:06.720] court case.
[08:06.720 --> 08:12.400] They were to be specifically and entirely excluded from all proceedings.
[08:12.400 --> 08:15.560] Wait a minute, that's denial of access to the public court.
[08:15.560 --> 08:17.880] Wait, wait, wait, I know that.
[08:17.880 --> 08:23.400] And of course, I was sitting in the pews, and I'm like, yeah, if you think I'm leaving,
[08:23.400 --> 08:26.640] you're out of your ever-loving mind.
[08:26.640 --> 08:29.840] So I stayed both days.
[08:29.840 --> 08:37.400] Well, Mary today decided to involve the media in the process right after the jury was dismissed
[08:37.400 --> 08:38.400] for deliberation.
[08:38.400 --> 08:41.760] She began calling everybody she could think of.
[08:41.760 --> 08:46.000] And she got one crew to show up for sure.
[08:46.000 --> 08:53.640] I believe they were KVUE News Network, and they are now YNN.
[08:53.640 --> 08:58.200] But anyway, it's one of the local cable news networks here in Austin.
[08:58.200 --> 09:02.920] And they did an interview with me, and they did an interview with Mike.
[09:02.920 --> 09:10.560] But in between those interviews, before they actually occurred, the gentleman that was
[09:10.560 --> 09:15.160] the actual reporter came upstairs to the courtroom.
[09:15.160 --> 09:18.960] Now this was after the jury had already been released to deliberations.
[09:18.960 --> 09:20.560] The judge was not in the courtroom.
[09:20.560 --> 09:24.480] But the moment the gentleman came in and Mary started talking to him and telling him who
[09:24.480 --> 09:30.440] everybody was, one of the city marshals stood up and said, are you with the media?
[09:30.440 --> 09:32.000] And this gentleman said, yes, I am.
[09:32.000 --> 09:34.080] I need to speak to you in the hallway.
[09:34.080 --> 09:38.520] Well, he took him out in the hallway, and he specifically told this gentleman he was
[09:38.520 --> 09:41.160] not to be admitted to the courtroom.
[09:41.160 --> 09:47.160] Well, this gentleman's name is John, and he is readily familiar with the law regarding
[09:47.160 --> 09:52.000] free access of the press, though I don't know if he was readily familiar with 2.03 Code
[09:52.000 --> 09:58.520] of Criminal Procedure, which specifically states that the judge shall insure the right
[09:58.520 --> 10:02.200] of a free press in those courtrooms.
[10:02.200 --> 10:07.680] Well, the city marshal was telling him that he was not allowed in, and John tells the
[10:07.680 --> 10:10.760] city marshal, are you sure about that?
[10:10.760 --> 10:12.520] Is that what she said?
[10:12.520 --> 10:16.320] I think you need to go check again.
[10:16.320 --> 10:20.520] The city marshal said, yeah, I'm sure that's what she said, but I will go ask her again.
[10:20.520 --> 10:26.880] So he comes through the courtroom, back past me and back into the judge's chambers, and
[10:26.880 --> 10:32.140] within a very couple of minutes comes right back out, goes right back outside, and reiterates
[10:32.140 --> 10:35.440] the same thing to this reporter.
[10:35.440 --> 10:39.120] You are not to be allowed in the courtroom.
[10:39.120 --> 10:43.800] Well, this didn't sit well with this gentleman.
[10:43.800 --> 10:50.320] So he calls a district judge and tells him what's going on.
[10:50.320 --> 10:53.640] Wait, the guy from the media did this?
[10:53.640 --> 10:56.000] Yes, yes he did.
[10:56.000 --> 11:02.760] And he calls this district judge, who I will not mention by name, but he calls him.
[11:02.760 --> 11:12.620] But the media gentleman, John, is not aware of which judge it is that's made this prohibition.
[11:12.620 --> 11:20.400] So he simply names the head judge, Ellen McKee, or Evelyn McKee, and tells this district judge
[11:20.400 --> 11:26.280] that I believe it is Evelyn McKee that's made this directorate that the media is to be excluded
[11:26.280 --> 11:29.600] from these proceedings.
[11:29.600 --> 11:38.440] And this judge, I quote, said, she is out of her mind.
[11:38.440 --> 11:40.880] I'll deal with this.
[11:40.880 --> 11:44.440] Have her call me.
[11:44.440 --> 11:52.640] Within a very few minutes, pandemonium seems to break loose at the courthouse.
[11:52.640 --> 11:59.720] And the jury comes back in, the verdict is read, the case is adjourned, and so on and
[11:59.720 --> 12:00.720] so forth.
[12:00.720 --> 12:07.800] Well, we go out to eat lunch while we're waiting to hear back from this news gentleman.
[12:07.800 --> 12:11.840] Mary is having a conversation with him while we're standing there on the street corner
[12:11.840 --> 12:15.000] waiting to find our way to lunch.
[12:15.000 --> 12:22.200] And Judge Statman, who was the judge who had issued this order and who had presided at
[12:22.200 --> 12:28.360] the trial for Mike, but had not been there for any of the previous proceedings, such
[12:28.360 --> 12:38.200] as pretrial, was apologizing profusely to John from YNN.
[12:38.200 --> 12:44.120] Now understand, I have been present both days, and I have listened to this magistrate order
[12:44.120 --> 12:50.920] the city marshals to make certain no media is present in this courtroom.
[12:50.920 --> 12:58.320] In fact, before the jury returned, she reiterated that order again while staring me directly
[12:58.320 --> 13:04.400] in the eyes, because I had gone downstairs while the jury was out to give my interview
[13:04.400 --> 13:08.800] to the news crew, and obviously someone had seen me talking.
[13:08.800 --> 13:13.560] But while I was in the lobby, I had also passed out several of the rule of law business cards
[13:13.560 --> 13:16.160] that I've recently made.
[13:16.160 --> 13:22.680] So I figure that either one of these cards had found their way back to this judge, or
[13:22.680 --> 13:27.040] someone had told her that I had been doing interviews with the news media in the first
[13:27.040 --> 13:29.260] floor lobby.
[13:29.260 --> 13:35.200] But in any case, she looks directly at me and says, if any media personnel remained
[13:35.200 --> 13:42.040] in this courtroom at the time the jury returns, they risked the wrath of being held in contempt.
[13:42.040 --> 13:44.920] Well, I just sat there and looked at her.
[13:44.920 --> 13:45.920] I didn't get up.
[13:45.920 --> 13:47.920] I was not going to leave.
[13:47.920 --> 13:48.920] I just sat there.
[13:48.920 --> 13:53.760] I never said a word, never responded to what she said.
[13:53.760 --> 13:59.200] And because, number one, I was not there in a media capacity of any kind.
[13:59.200 --> 14:04.880] I was there as an acquaintance to the individual that was on trial for the purpose of court
[14:04.880 --> 14:12.040] watching and documenting what this magistrate did that violated due process, which was a
[14:12.040 --> 14:13.040] lot.
[14:13.040 --> 14:16.160] OK, now granted, I'll give her this.
[14:16.160 --> 14:21.680] She bent over backwards to be as fair as possible to Mike during his trial and even forgave
[14:21.680 --> 14:28.360] a lot of things for which she could have really caused him problems.
[14:28.360 --> 14:33.960] But she gave him a lot of latitude to allow that to not happen.
[14:33.960 --> 14:37.040] So I'll give her kudos for that.
[14:37.040 --> 14:43.360] What I cannot give her kudos for is proceeding to trial absent jurisdiction.
[14:43.360 --> 14:44.360] That's a no-no.
[14:44.360 --> 14:48.280] I don't care who you are or how lenient you are for the trial.
[14:48.280 --> 14:53.600] You have no right to conduct the trial.
[14:53.600 --> 14:56.160] But back to the deal with the media, I didn't leave.
[14:56.160 --> 14:59.180] I waited for the jury verdict to come in.
[14:59.180 --> 15:05.040] And as soon as the jury had read their verdict, I proceeded to pick up my bag and I went downstairs
[15:05.040 --> 15:13.040] to locate the gentleman from the media, John, and to talk with him further.
[15:13.040 --> 15:17.040] But I've never heard any more about being held in contempt.
[15:17.040 --> 15:23.040] But I fully expected at the time that I got up to leave the courtroom to have my egress
[15:23.040 --> 15:29.160] blocked by a city marshal upon direct order of the judge to, officer, place that man under
[15:29.160 --> 15:32.000] arrest for contempt.
[15:32.000 --> 15:37.760] It didn't happen, but I was prepared for it.
[15:37.760 --> 15:45.280] But needless to say, she called this gentleman, or sent him an email, rather, saying that
[15:45.280 --> 15:50.000] her staff had misunderstood her instruction.
[15:50.000 --> 15:52.200] Oh, come on.
[15:52.200 --> 15:59.000] And she was sent an email apologizing for this complete lack of understanding on their
[15:59.000 --> 16:02.000] part for the directives that she had given.
[16:02.000 --> 16:03.000] Now, trust me.
[16:03.000 --> 16:04.000] What a liar!
[16:04.000 --> 16:05.000] What a liar!
[16:05.000 --> 16:06.480] Well, you're going to love this.
[16:06.480 --> 16:07.480] Trust me, folks.
[16:07.480 --> 16:11.100] There was no misinterpreting of her instructions.
[16:11.100 --> 16:13.200] They were very clear.
[16:13.200 --> 16:20.320] Now, I spent the last two days getting on a first name basis with the city marshals
[16:20.320 --> 16:22.120] at the courthouse.
[16:22.120 --> 16:24.000] I can tell you four of them.
[16:24.000 --> 16:27.120] They're extremely nice individuals.
[16:27.120 --> 16:30.240] They are Austin police officers.
[16:30.240 --> 16:31.720] They're very well-mannered.
[16:31.720 --> 16:34.200] They're very public-oriented.
[16:34.200 --> 16:36.640] They do the job they're required to do.
[16:36.640 --> 16:42.920] And I'm sure these guys do it in what they believe is the utmost capability they can
[16:42.920 --> 16:46.020] muster to do what's right.
[16:46.020 --> 16:50.000] But they have to abide by what they're told by the judges.
[16:50.000 --> 16:52.440] I'll address this a little bit further on the other side.
[16:52.440 --> 16:56.080] This is Rule of Law Radio, Eddie Craig, Randy Kelton, Deborah Stevens, who will be right
[16:56.080 --> 16:57.760] back.
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[18:58.960 --> 18:59.960] collectors now.
[18:59.960 --> 19:00.960] Well, don't let nothing get to you.
[19:00.960 --> 19:01.960] Only the power can deliver you.
[19:01.960 --> 19:11.840] So don't let bad-minded people hurt you until they sit and get behind you.
[19:11.840 --> 19:18.840] You know what I mean, my friend, when all are jacked, you'll do it, come on.
[19:18.840 --> 19:25.840] Those things that hurt me crazy, telling you probably I'm lame, calling his name once
[19:25.840 --> 19:26.840] again.
[19:26.840 --> 19:48.800] Okay, folks, we're back, Eddie is recounting the tale of the TSA water bottle trial.
[19:48.800 --> 19:54.080] This is out of control, this is totally over the top, I just want to make a comment before
[19:54.080 --> 19:56.480] we go back to Eddie and the rest of the story.
[19:56.480 --> 20:03.440] The prosecutor informed Mike within the last day or so that it's so far, it's cost the
[20:03.440 --> 20:17.880] city of Austin over $80,000 to prosecute this case, not $1880, $80,000 to prosecute Mike
[20:17.880 --> 20:22.480] over a water bottle in the airport.
[20:22.480 --> 20:31.680] And not only that, and to recover a dollar, okay, this is, if this is not clear indication
[20:31.680 --> 20:38.480] that our legal system and our public servants have gone completely crazy and completely
[20:38.480 --> 20:42.120] out of control, I don't know what is.
[20:42.120 --> 20:49.360] I mean, and it's all about the control, it's all about the control, they're control freaks,
[20:49.360 --> 20:53.840] they have to control every little teeny tiny aspect of our lives and we're not going to
[20:53.840 --> 20:55.480] put up with it.
[20:55.480 --> 21:02.200] I mean, they will run this country into the ground just to, they'll bankrupt all of us
[21:02.200 --> 21:07.680] just to be able to tell us what to do and when and what we can bring into the airport
[21:07.680 --> 21:08.680] and not.
[21:08.680 --> 21:09.680] I've had it, man.
[21:09.680 --> 21:16.040] I mean, this is outrageous, this is infuriating, okay, anyways, I just had to rant on that.
[21:16.040 --> 21:17.480] Go ahead, Eddie.
[21:17.480 --> 21:24.260] Okay, now, as I was stating, I've gotten on a first name basis with four of these city
[21:24.260 --> 21:34.040] marshals and while Mary was talking to this reporter on the phone about what this email
[21:34.040 --> 21:41.600] contained that Judge Statman had sent out saying how these staff members had misinterpreted
[21:41.600 --> 21:49.720] and misunderstood or misapplied her instructions, I was begging Mary to have this gentleman
[21:49.720 --> 21:56.560] send me a copy of that email because the first thing I'm going to do with it is go visit
[21:56.560 --> 22:03.200] these four city marshals and I'm going to say, do you recall the directives you were
[22:03.200 --> 22:08.800] given about you were supposed to keep all media out of this courtroom and that was a
[22:08.800 --> 22:16.240] direct order from the magistrate, Judge Statman, and I know they're going to say yes, that's
[22:16.240 --> 22:22.800] exactly what we were told and I said, now, let me show you the kind of person you're
[22:22.800 --> 22:30.760] obeying when it comes to who's going to be held accountable.
[22:30.760 --> 22:37.520] Here's an email Judge Statman sent to this reporter saying that it was you guys that
[22:37.520 --> 22:43.000] was preventing the entrance of the media without her instructions.
[22:43.000 --> 22:50.560] She has just taken the directive she's given you, pinned it to your forehead and pushed
[22:50.560 --> 22:55.320] you into oncoming traffic.
[22:55.320 --> 23:03.920] She is perfectly willing to sacrifice you and your job to save hers and this is who
[23:03.920 --> 23:10.960] orders that you are enforcing every single day to violate the rights of the people in
[23:10.960 --> 23:13.880] this city and of this state.
[23:13.880 --> 23:16.840] What do you guys think about that?
[23:16.840 --> 23:21.800] How is this going to affect your working relationship to know that every judge in this building
[23:21.800 --> 23:28.480] is perfectly willing to throw you to the wolves to save their own butt, especially when they're
[23:28.480 --> 23:35.160] the one that ordered you to commit the act that is making them accountable and they're
[23:35.160 --> 23:40.800] trying to pass the butt to you?
[23:40.800 --> 23:49.080] I want to see how they're going to react to this because this is exactly what Randy's
[23:49.080 --> 23:51.320] talking about, folks.
[23:51.320 --> 24:00.040] When you go after the innocent to get to the guilty, this is a perfect example of how these
[24:00.040 --> 24:11.120] criminal judges are willing to set up their own co-workers if it will save their butt
[24:11.120 --> 24:18.000] from an order they knew was illegal when they made it.
[24:18.000 --> 24:19.560] This is what's going on.
[24:19.560 --> 24:22.600] There's no question about it.
[24:22.600 --> 24:26.080] It's now a matter of official record.
[24:26.080 --> 24:27.640] Why?
[24:27.640 --> 24:35.520] Because Judge Statman was ignorant enough to tell the court reporter to record her instructions
[24:35.520 --> 24:46.480] on the record so that she could use that record to hold any media personnel for contempt in
[24:46.480 --> 24:47.480] her courtroom.
[24:47.480 --> 24:52.840] She's going to have a tough time getting out of that one.
[24:52.840 --> 24:53.840] It's going to bury her.
[24:53.840 --> 24:54.840] What was that, Deborah?
[24:54.840 --> 24:55.840] I'm sorry.
[24:55.840 --> 24:56.840] I didn't mean to interrupt you.
[24:56.840 --> 25:02.160] I was just going to say she's going to have a tough time getting out of that one.
[25:02.160 --> 25:03.160] Wait a minute.
[25:03.160 --> 25:06.160] They have a problem.
[25:06.160 --> 25:09.640] The court recorder has a hearing problem.
[25:09.640 --> 25:11.200] Not this one.
[25:11.200 --> 25:15.200] This one doesn't have selective hearing problems like the others?
[25:15.200 --> 25:16.800] No, she doesn't.
[25:16.800 --> 25:18.080] Are you sure about that?
[25:18.080 --> 25:22.440] Yes, because I could see her computer screen from where I was sitting all day long.
[25:22.440 --> 25:24.640] That doesn't mean anything.
[25:24.640 --> 25:28.080] They redacted in some other much other cases.
[25:28.080 --> 25:32.240] Well, they're kind of going to have a hard time with that considering the number of recorders
[25:32.240 --> 25:35.240] that were working in the room that day.
[25:35.240 --> 25:40.200] Good.
[25:40.200 --> 25:46.880] So this is exactly plus the fact that there were numerous individuals in that courtroom
[25:46.880 --> 25:52.000] that specifically heard this directive on both days.
[25:52.000 --> 25:58.640] There was no mistake made as to what it was intended to do and what the statement was
[25:58.640 --> 26:01.800] that these officers were to enforce.
[26:01.800 --> 26:05.640] There is no question.
[26:05.640 --> 26:12.760] This is just another one of those things that Mike can use to go after his void judgment.
[26:12.760 --> 26:15.120] Now let's consider what they did.
[26:15.120 --> 26:21.560] They charged him under a city ordinance from which all appearances there is no state law
[26:21.560 --> 26:24.120] behind this ordinance.
[26:24.120 --> 26:29.240] That right there nullifies the ordinance nine ways from Sunday.
[26:29.240 --> 26:35.880] No ordinance can be treated as law without the force of law behind it and even if it
[26:35.880 --> 26:45.360] could, if they're only charging under the ordinance they cannot use it against the people
[26:45.360 --> 26:49.920] because the ordinance itself is not and cannot be law.
[26:49.920 --> 26:52.080] We've covered this many times.
[26:52.080 --> 26:58.640] Article three, section 29, all law shall have the following enacting clause.
[26:58.640 --> 27:02.600] It must be enacted by the legislature.
[27:02.600 --> 27:09.960] All laws must be passed by bill and bills can only be created and started through the
[27:09.960 --> 27:16.240] process in one of the two houses of the legislature.
[27:16.240 --> 27:27.640] It is utterly constitutionally impossible for a municipality or a county to create law.
[27:27.640 --> 27:36.440] That be done under the Texas Constitution and these people still think an ordinance
[27:36.440 --> 27:39.920] is law.
[27:39.920 --> 27:47.560] Now these are edumacated, judicially trained, I would like to say people but that would
[27:47.560 --> 27:52.880] just be a complete misrepresentation of the facts.
[27:52.880 --> 28:00.200] They believe themselves the elite at who they are and what they do and they are by far the
[28:00.200 --> 28:09.640] most ignorant about what involves their authority and how it was created and what they can do
[28:09.640 --> 28:16.880] with it than anyone that has anything to do with the justice system.
[28:16.880 --> 28:26.280] Okay, I'm telling you these people astound me.
[28:26.280 --> 28:31.320] Now here's the other thing that makes this avoidable judgment right off the bat other
[28:31.320 --> 28:39.760] than lack of jurisdiction, no actual criminal charge based upon law, okay.
[28:39.760 --> 28:44.240] There was no information, we know that's a requirement, the statute says it's a requirement,
[28:44.240 --> 28:49.760] the constitution says it's a requirement, everything in law says it's a requirement
[28:49.760 --> 28:56.640] except for those that are supposed to enforce the law.
[28:56.640 --> 29:04.040] But by depriving Mike of his due process, they blew the whole procedure from the beginning.
[29:04.040 --> 29:09.000] Let's see, Judge Jenkins threatens to shove a judicial order down his throat.
[29:09.000 --> 29:16.000] You have a municipal court judge that has threatened to physically harm a defendant
[29:16.000 --> 29:26.720] in a criminal case in front of him when all the defendant did was ask a question.
[29:26.720 --> 29:32.040] This is the attitude these people have, I can say what I want, I can do what I want
[29:32.040 --> 29:35.920] because I'm a judge.
[29:35.920 --> 29:40.920] Black road terrorists, people we gotta solve this, we gotta make these people realize they
[29:40.920 --> 29:47.280] aren't God, they aren't anything more than somebody that doesn't know how to dress themselves
[29:47.280 --> 29:48.280] on a daily basis.
[29:48.280 --> 29:54.720] Hang on folks, we're going to break this rule of law radio, Eddie Craig, Deborah Stevens,
[29:54.720 --> 30:01.280] Randy Kelton, we will be right back after the break.
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[30:32.160 --> 30:35.800] I know eating broccoli is good for you, but would you wear it to the beach?
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[31:14.200 --> 31:18.880] Broccoli is loaded with vitamins, minerals and fiber and it tastes great in so many ways.
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[31:23.680 --> 31:27.560] want to slather its juice on our bodies, I'm not joking.
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[31:35.640 --> 31:37.960] Broccoli juice works differently than sunscreen.
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[31:47.200 --> 31:51.720] As a bonus, the juice continues working for several days, even after it's been washed
[31:51.720 --> 31:52.720] away.
[31:52.720 --> 31:59.720] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:22.720 --> 32:46.360] Alright folks, we are back, this is Rule of Law Radio, Randy Kelton, Debra Stevens, Eddie
[32:46.360 --> 32:47.360] Craig.
[32:47.360 --> 32:50.400] Okay, we are reiterating the story of Mike Handel's case today.
[32:50.400 --> 32:54.200] We do have callers that are wanting to get in, so give us just a couple more minutes
[32:54.200 --> 32:57.840] folks, hang in there and we will get to taking your calls here in just a second.
[32:57.840 --> 33:02.240] This is just some important information regarding this issue that we need to get out.
[33:02.240 --> 33:07.840] Now another thing about Mike's case is that through this entire process, virtually every
[33:07.840 --> 33:14.040] single magistrate he's appeared before, and Mike has brought up due process violations,
[33:14.040 --> 33:19.120] these magistrates have made it very clear, yes we're aware that's a due process violation
[33:19.120 --> 33:26.280] or we don't care that it's a due process violation, you take that up on appeal.
[33:26.280 --> 33:29.280] Here's the problem with this attitude.
[33:29.280 --> 33:36.760] By not allowing due process violations to be addressed, that is upon its face a direct
[33:36.760 --> 33:42.080] act of denial of due process in and of itself.
[33:42.080 --> 33:49.040] Also the Supreme Court has said on numerous occasions that a defendant in a criminal case
[33:49.040 --> 33:57.800] is entitled to due process at every stage of the proceeding, not just on appeal, not
[33:57.800 --> 34:06.420] just when the judge feels like giving it to them, but every single stage of the process.
[34:06.420 --> 34:13.360] From the moment he's arrested to the moment he's either found innocent or guilty, he has
[34:13.360 --> 34:16.880] the right of due process.
[34:16.880 --> 34:27.640] Appeals courts are openly, knowingly refusing to give a defendant due process.
[34:27.640 --> 34:33.280] They simply pass it up the chain to the appeals court.
[34:33.280 --> 34:34.800] Why would they do this?
[34:34.800 --> 34:39.720] Well let's take a real quick summarization of how they do this and why they think they
[34:39.720 --> 34:42.240] can get away with it.
[34:42.240 --> 34:49.560] Those are the misapplication of the statutes wherein they say that in order to get an appeal,
[34:49.560 --> 34:57.720] the individual seeking the appeal must post a bond double the amount of the fines levied
[34:57.720 --> 35:01.240] in the original case.
[35:01.240 --> 35:04.680] Well there's a problem with that for two reasons.
[35:04.680 --> 35:12.400] One, that denies the appeal to anyone without the money to pay this bond.
[35:12.400 --> 35:20.280] Two, this is a process reserved strictly for fine only offenders.
[35:20.280 --> 35:26.900] Nobody else is required to post a bond to seek an appeal.
[35:26.900 --> 35:30.000] The law does not require this.
[35:30.000 --> 35:31.200] Why?
[35:31.200 --> 35:35.760] Because the case law associated with that particular statute says very clearly that
[35:35.760 --> 35:44.360] bond can only be collected after the appeal and then it's a moot point.
[35:44.360 --> 35:49.600] Because the only thing it can be collected for at that point is to pay whatever the findings
[35:49.600 --> 35:59.560] are as far as the final determination of the fine, which still can't be double the amount.
[35:59.560 --> 36:06.040] It can be different, but it still wouldn't amount to double.
[36:06.040 --> 36:16.800] So by doing this, they virtually ensure that the accused cannot seek an appeal.
[36:16.800 --> 36:22.640] And when they cannot seek that appeal, they've lost.
[36:22.640 --> 36:28.680] They can't address the due process violations because the appeal is denied for lack of payment
[36:28.680 --> 36:31.360] of the bond.
[36:31.360 --> 36:39.920] It is on its face and in its entirety a totally rigged system meant to deprive you of your
[36:39.920 --> 36:48.480] rights and separate you from your money in the most expedient manner possible.
[36:48.480 --> 36:52.600] Mike made sure that didn't happen in his case.
[36:52.600 --> 37:00.680] And he certainly made sure that the fine and the court costs, which was a total of $71,
[37:00.680 --> 37:07.440] a dollar fine by the jury and $70 by the judge of the court for court costs.
[37:07.440 --> 37:20.320] Folks, the city of Austin spent over $80,000 of your hard-won stolen tax dollars to prosecute
[37:20.320 --> 37:29.360] an idiotic charge made by a municipal police officer simply because an individual made
[37:29.360 --> 37:33.480] the statement, I don't want you to pat me down.
[37:33.480 --> 37:37.320] He didn't say he refused to be patted down.
[37:37.320 --> 37:41.200] He simply stated what the majority of air travelers are thinking.
[37:41.200 --> 37:45.320] I don't want you groping my body.
[37:45.320 --> 37:54.960] And the officer charged him with circumventing and inspection at the airport.
[37:54.960 --> 37:57.600] That's what he got charged with.
[37:57.600 --> 37:58.960] Initially it was assault.
[37:58.960 --> 38:03.480] And yet through this entire case, not a single person ever said Mike offered to even so much
[38:03.480 --> 38:07.440] as touch him.
[38:07.440 --> 38:13.940] This is the steps they will go through to keep us under their thumb, to get us fearful
[38:13.940 --> 38:20.840] of being prosecuted for this kind of crap and eating up our time and our money.
[38:20.840 --> 38:23.560] They don't care about what they cost the individual.
[38:23.560 --> 38:24.560] They don't care.
[38:24.560 --> 38:28.800] They spent $80,000 to make $71.
[38:28.800 --> 38:30.880] Why?
[38:30.880 --> 38:38.520] Because they average 50-some-odd thousand citations a year in this city according to
[38:38.520 --> 38:43.120] the municipal treasury records.
[38:43.120 --> 38:53.600] And in those citations, you consider that the fine on average is between $150 and $500
[38:53.600 --> 38:56.680] anywhere within that range.
[38:56.680 --> 39:01.360] How much money does that add up to per year?
[39:01.360 --> 39:08.840] And you think they're worried about the $80,000 when it ensures the other $100,000 tickets
[39:08.840 --> 39:12.720] are just paid instead of fought?
[39:12.720 --> 39:14.400] They don't care.
[39:14.400 --> 39:15.400] That's why.
[39:15.400 --> 39:21.640] It ensures the compliance and control over the rest of the population not to spend seven
[39:21.640 --> 39:30.440] months in court fighting a stupid charge.
[39:30.440 --> 39:33.200] So those are your two issues, folks.
[39:33.200 --> 39:35.680] Revenue and control of the people.
[39:35.680 --> 39:38.600] That's all it's about.
[39:38.600 --> 39:45.280] That didn't harm a soul, but they made him feel like he had done everything but butcher
[39:45.280 --> 39:49.520] children in the airport terminal.
[39:49.520 --> 39:52.960] Just to make an example out of him for the rest of the people that are down there in
[39:52.960 --> 40:00.680] that lobby day in and day out, ringing up that cash register number.
[40:00.680 --> 40:06.000] If you don't believe that, get yourself a citation.
[40:06.000 --> 40:08.320] This is absolutely infuriating.
[40:08.320 --> 40:12.720] Watch the games begin, because that's what's going to happen.
[40:12.720 --> 40:22.520] Yeah, Jerry and I call the municipal court now the Austin Municipal Railroad Company.
[40:22.520 --> 40:26.200] Yeah, that's pretty much what it is.
[40:26.200 --> 40:29.560] You know what was extremely funny was while these reporters down there, I was trying to
[40:29.560 --> 40:35.480] get them to get a shot of all of the court clerk windows there, because all the clerks
[40:35.480 --> 40:39.660] in the lobby of the municipal court building have numbers over them.
[40:39.660 --> 40:43.720] These are nothing but teller lanes, okay?
[40:43.720 --> 40:47.040] You have court clerks sitting up there doing nothing but, come forward, pay your money,
[40:47.040 --> 40:49.380] come forward, pay your money, come forward, pay your money.
[40:49.380 --> 40:57.080] Now serving number 86, $375 fine, please bring it forward.
[40:57.080 --> 41:05.720] You hear that over and over and over the entire day long.
[41:05.720 --> 41:08.880] That's what they're doing, people, robbing you blind.
[41:08.880 --> 41:16.040] It's all about robbing people blind and controlling every little tiny aspect of our entire lives.
[41:16.040 --> 41:19.480] That's all it is about.
[41:19.480 --> 41:24.080] Depriving us of our property, depriving us of our money, depriving us of our rights,
[41:24.080 --> 41:27.560] turning us into chattel, turning us into- It's illegal tax revenue.
[41:27.560 --> 41:32.280] They're using the citations to tax us extrajudicially.
[41:32.280 --> 41:38.080] They're trying to implement the new serfdom, it's outrageous.
[41:38.080 --> 41:44.320] Yeah, serfdom by citation, that would be a good name for it.
[41:44.320 --> 41:47.800] Well what can Mike do at this point now?
[41:47.800 --> 41:55.280] My recommendation to Mike was that he create a motion to void judgment with an order and
[41:55.280 --> 42:05.880] find this district judge who is well aware of the activities of the municipal court judge.
[42:05.880 --> 42:13.640] And when he finds him, go to his courtroom, submit this motion and say, judge, here is
[42:13.640 --> 42:18.320] all of the documentation on the due process violations that began from beginning to end
[42:18.320 --> 42:23.440] in my case and I guarantee you in every other case that's preceded me in that court throughout
[42:23.440 --> 42:24.440] its history.
[42:24.440 --> 42:32.440] You know, if he appeals this, he's going to have to put up an appeal bond of two dollars.
[42:32.440 --> 42:33.440] Exactly.
[42:33.440 --> 42:40.240] But the good thing here is because of the due process, he doesn't have to worry about
[42:40.240 --> 42:42.320] appeal within 10 days.
[42:42.320 --> 42:49.600] He can simply go directly to a district judge and demand a void judgment.
[42:49.600 --> 42:58.200] Then he has a clear sailing run at the municipal court system, the judges in that system, every
[42:58.200 --> 43:05.120] single body that was in that courtroom that was operating on their side of the bar can
[43:05.120 --> 43:06.120] be sued.
[43:06.120 --> 43:11.720] Oh, you're talking about Mike suing as a plaintiff in the district court to void, to ask for
[43:11.720 --> 43:12.720] a no.
[43:12.720 --> 43:17.160] He has a void judgment if he just goes in and makes the argument in his motion, but
[43:17.160 --> 43:23.880] except from that, he would then have a malicious prosecution lawsuit against everybody at that
[43:23.880 --> 43:25.360] municipal court building.
[43:25.360 --> 43:30.200] I hope you're going to get everybody who was there to file a judicial conduct complaint.
[43:30.200 --> 43:31.200] Yes, we are.
[43:31.200 --> 43:32.200] That would be awesome.
[43:32.200 --> 43:37.960] There's a minimum of nine for each magistrate I can think of right now, plus they're all
[43:37.960 --> 43:44.080] attorneys, so that's nine bar grievances apiece as well.
[43:44.080 --> 43:45.080] Time to hit them hard.
[43:45.080 --> 43:47.080] Time to hit them hard, people.
[43:47.080 --> 43:49.160] We can't put up with this anymore.
[43:49.160 --> 43:51.560] The situation's getting dire.
[43:51.560 --> 43:55.560] We have to push back and we have to push back hard.
[43:55.560 --> 43:59.960] We'll be right back, folks.
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[46:18.720 --> 46:24.440] Okay, folks, we are back, we're going to start taking your calls.
[46:24.440 --> 46:27.640] Eddie, you did have an announcement first.
[46:27.640 --> 46:35.720] Yes, folks, tomorrow we are having our seminar at Brave New Books, Mike has graciously allowed
[46:35.720 --> 46:41.520] me to use his case as an example for what we're going over tomorrow.
[46:41.520 --> 46:45.160] Tomorrow is going to be your day in court.
[46:45.160 --> 46:51.460] We are going to talk about how to lay foundations for introduction of testimony, how to lay
[46:51.460 --> 46:57.800] foundations for introduction of evidence, how to prepare for pretrial, what issues to
[46:57.800 --> 47:04.760] bring up, how to go after the judge for violations of due process to ensure that once they ignore
[47:04.760 --> 47:10.560] them, they haven't ignored them outside of the record.
[47:10.560 --> 47:18.120] We're going to get them to violate your rights at every single turn on the record, okay?
[47:18.120 --> 47:21.520] But tomorrow is going to be about how to do this.
[47:21.520 --> 47:26.920] So please, if you haven't been to one of these, this is one you want to come to, because if
[47:26.920 --> 47:31.680] you're hanging around this city, odds are you're going to get a chance to use it before
[47:31.680 --> 47:33.480] long.
[47:33.480 --> 47:39.800] So tomorrow, Brave New Books, three to six, $20 per person cover charge, but please come
[47:39.800 --> 47:40.800] down.
[47:40.800 --> 47:43.480] I promise you it'll be worth it.
[47:43.480 --> 47:46.000] Okay.
[47:46.000 --> 47:48.040] Let's move on now to the calls.
[47:48.040 --> 47:49.840] Thank you all for patiently holding.
[47:49.840 --> 47:51.400] We've got Larry in Missouri.
[47:51.400 --> 47:52.960] Larry, thanks for calling in.
[47:52.960 --> 47:54.920] What is your question or comment tonight?
[47:54.920 --> 47:55.920] Hi.
[47:55.920 --> 47:58.760] Good evening, Deborah, Eddie, and Randy.
[47:58.760 --> 48:03.120] Calling from Missouri, and I called in about maybe a month ago, more or less, I spoke to
[48:03.120 --> 48:13.040] Eddie concerning, I was pulled over for a window tinting, I received a window tint citation,
[48:13.040 --> 48:23.640] and just brief on what happened, got issued a citation, 39 days, paid within 39 days by
[48:23.640 --> 48:30.200] mail, plead slash pay by mail, or plead guilty by mail.
[48:30.200 --> 48:33.800] Either way, both was by mail.
[48:33.800 --> 48:41.040] Sent a letter to the, well, this is what I did, I wanted you guys can tell me what you
[48:41.040 --> 48:44.280] think I should have done, or did wrong, or did right.
[48:44.280 --> 48:50.600] Sent a letter back to the fine collection center, the place addressed in the envelope
[48:50.600 --> 48:57.560] informing them that I cannot enter a plea based on the Missouri constitution, the nature
[48:57.560 --> 48:58.560] and cause.
[48:58.560 --> 49:04.160] And here I was reading the Missouri, the code of criminal procedures for misdemeanors and
[49:04.160 --> 49:07.440] the requirements for entering a plea.
[49:07.440 --> 49:15.160] So based on that, asked them that I cannot enter a plea based on these requirements.
[49:15.160 --> 49:20.080] They pretty much ignored what I was asking them, sent me back another envelope basically
[49:20.080 --> 49:21.800] to send my money again.
[49:21.800 --> 49:28.900] So I sent another letter, certified letter, back to them, and I courtesy copied the attorney
[49:28.900 --> 49:36.400] general for the state, same thing, asking the same questions again, and I have not heard
[49:36.400 --> 49:38.600] back from them this time.
[49:38.600 --> 49:47.000] And the 39 days is about to expire I believe Monday or Tuesday, so I assume that I will
[49:47.000 --> 49:52.480] have a warrant out for my arrest now because according to them I failed to pay or enter
[49:52.480 --> 49:59.480] a plea, or according to what they had on that letter, on that envelope that the trooper
[49:59.480 --> 50:01.800] gave me initially.
[50:01.800 --> 50:07.480] So I guess this is a two part question, number one, did I make a mistake or did I do something
[50:07.480 --> 50:13.680] different corresponding first, trying to get nature and cause through this fine processing
[50:13.680 --> 50:20.880] center because I was the only point of contact I had at the time, I guess is my first question.
[50:20.880 --> 50:28.040] Second question, if I do get a warrant out for my arrest, obviously I'm not going to
[50:28.040 --> 50:31.520] let this thing linger, something I want to, what would be the best way I guess if I do
[50:31.520 --> 50:36.600] have a warrant out for my arrest to address the situation, obviously take the initiative
[50:36.600 --> 50:41.640] and show up to the sheriff, to the courthouse.
[50:41.640 --> 50:47.960] Okay, well the first thing is, if I'm recalling correctly, the window tint on your car was
[50:47.960 --> 50:52.200] actually done in another state before you moved to the one you're in now.
[50:52.200 --> 50:53.200] Yes.
[50:53.200 --> 50:54.200] Okay.
[50:54.200 --> 50:57.160] Their problem is, as I described before, kind of compound.
[50:57.160 --> 51:02.200] The first one is, is they cannot require you to make an alteration to your property just
[51:02.200 --> 51:05.400] for the simple purpose of relocating to that state.
[51:05.400 --> 51:06.400] Right.
[51:06.400 --> 51:09.200] They can't make such a mandate, all right?
[51:09.200 --> 51:10.200] Yes.
[51:10.200 --> 51:15.360] Okay, the other thing here is that what I would do, you've done great, what you've
[51:15.360 --> 51:17.080] done is good.
[51:17.080 --> 51:22.240] Make sure everything you send, however, is certified mail return receipt requested.
[51:22.240 --> 51:23.240] Okay.
[51:23.240 --> 51:28.240] What I would do at this point is send a follow-up letter stating that you have been corresponded
[51:28.240 --> 51:31.520] with twice regarding this issue.
[51:31.520 --> 51:38.600] You have not given me the requested information in compliance with the Missouri Constitution
[51:38.600 --> 51:44.600] and the Missouri statutes, and make sure that you, again, certified mail return receipt
[51:44.600 --> 51:52.120] requested, cc the attorney general, and make sure that both letters assert that you have
[51:52.120 --> 52:00.240] cc'd the attorney general, and that you desire an answer from both the attorney general and
[52:00.240 --> 52:05.680] from this collection site in regards to this issue.
[52:05.680 --> 52:11.920] The other thing I would recommend you do is look in the statutes to see what they are
[52:11.920 --> 52:19.240] required to do as far as providing you notice on the citation as to where to make your appearance.
[52:19.240 --> 52:24.260] If you're saying that the only place they could send you to was mail only, and it is
[52:24.260 --> 52:31.200] not actually a courthouse or something of that nature, and the statute requires that
[52:31.200 --> 52:38.200] it be so, then they violated another law in the state of Missouri, and that is providing
[52:38.200 --> 52:42.000] you with a proper place to make an appearance.
[52:42.000 --> 52:43.480] Okay.
[52:43.480 --> 52:48.080] Address that issue in your follow-up letter as well.
[52:48.080 --> 52:54.640] Okay, I will do that.
[52:54.640 --> 52:59.800] While the letters and everything is being sent and answered, if it's answered, in the
[52:59.800 --> 53:06.200] meantime, though... Make photocopies of everything you sent and everything you were given.
[53:06.200 --> 53:11.320] Keep that in your automobile, but under no circumstances are you to keep the originals
[53:11.320 --> 53:14.640] of anything you've done in that automobile.
[53:14.640 --> 53:22.560] You keep those at home, but you make photocopies of where you have tried to comply with everything,
[53:22.560 --> 53:27.520] and if you get arrested, you make sure that those copies are given to whatever officer
[53:27.520 --> 53:33.480] is there, and you tell him, this is now evidence in this stop and arrest.
[53:33.480 --> 53:40.080] You better protect it with your life, because we will be using this again later at court.
[53:40.080 --> 53:42.120] Okay, very good.
[53:42.120 --> 53:48.760] In the meantime, though, I guess my question is, do I wait?
[53:48.760 --> 53:55.160] If there is a warrant issue, do I wait... Well, the problem is, if they issue one, you won't
[53:55.160 --> 53:56.160] know it.
[53:56.160 --> 53:57.160] Exactly.
[53:57.160 --> 54:03.240] Every state requires that that warrant remain non-public knowledge until it has been executed,
[54:03.240 --> 54:08.520] and by executed, it means fulfilled with your arrest or withdrawn by the magistrate.
[54:08.520 --> 54:14.360] Now, in Texas, with traffic tickets, they send you a little green postcard to let you
[54:14.360 --> 54:19.160] know that if you don't pay or do whatever they want you to do by a certain date, that
[54:19.160 --> 54:22.920] a warrant will be issued, and so you see it coming.
[54:22.920 --> 54:27.080] In Texas, they let you know about the warrants, pretty much, with traffic tickets.
[54:27.080 --> 54:32.160] Maybe not for other criminal issues, but I don't know about Missouri, though.
[54:32.160 --> 54:40.640] Okay, do you think it would be an unwise idea to go to the sheriff's office of the county
[54:40.640 --> 54:46.840] that it happened in, and turn yourself in, so to speak, or just take the initiative to
[54:46.840 --> 54:53.640] ... My thing is, I don't want to be traveling with my family weeks down the road, and then
[54:53.640 --> 54:57.320] be stopped, and having to go through the whole ordeal with my family, I'd rather just do
[54:57.320 --> 54:58.320] it by myself.
[54:58.320 --> 55:06.880] Well, that's true, and that gives you opportunity to prepare for that, and that's entirely up
[55:06.880 --> 55:12.800] to you, but in this particular case, you can just simply call it out here and say, look,
[55:12.800 --> 55:16.880] if I have a warrant from me, I'm perfectly willing to come down and turn myself in to
[55:16.880 --> 55:17.880] you.
[55:17.880 --> 55:21.560] Just tell me yes or no, and I'll come right down.
[55:21.560 --> 55:29.600] Then you'll know, but the issue here is going to be for them that, again, when you go, you
[55:29.600 --> 55:35.560] take the documentation with you that you make a copy of and keep in your car, just in case
[55:35.560 --> 55:38.120] you are arrested.
[55:38.120 --> 55:41.920] If you go down there to turn yourself in, you take that with you, and you repeat that
[55:41.920 --> 55:42.920] process.
[55:42.920 --> 55:44.520] Here, take this.
[55:44.520 --> 55:50.720] You guard it, because it's evidence, and it's going to have to appear in court.
[55:50.720 --> 55:55.400] May I ask one more question, please?
[55:55.400 --> 56:03.600] Okay, so I'll do the letter, and I'll include about the requirements for a pairing.
[56:03.600 --> 56:10.120] Hypothetically, they don't answer that, or let's say those requirements are set as far
[56:10.120 --> 56:14.080] as a proper procedure, and that they violated or they ignored those procedures.
[56:14.080 --> 56:17.600] There's a warrant now, I do get arrested.
[56:17.600 --> 56:25.440] Now, that opens up a... They are pretty much opening themselves up for violation of rights,
[56:25.440 --> 56:26.440] I assume.
[56:26.440 --> 56:32.120] Not I assume, I know, but I just don't know what type of remedy would I have now, because
[56:32.120 --> 56:37.040] not only do I have to deal with this initial citation, now I have to deal with the whole,
[56:37.040 --> 56:38.040] the issue of the warrant.
[56:38.040 --> 56:43.520] That's true, but in this particular case, you can seek of... Most likely, most states
[56:43.520 --> 56:49.240] have the ability to do a void judgment over violation of the right of due process.
[56:49.240 --> 56:52.000] Now, remember this.
[56:52.000 --> 56:58.120] Every single law the legislature makes regarding due process is not the law of the land as
[56:58.120 --> 57:00.880] what constitutes due process.
[57:00.880 --> 57:04.440] The courts have said over and over again, that's not the way it works.
[57:04.440 --> 57:07.800] Even Texas cases say that's not the way it works.
[57:07.800 --> 57:12.440] If the legislature could pass any act and make it the law of the land, the constitution
[57:12.440 --> 57:15.600] in and of itself is useless.
[57:15.600 --> 57:21.640] It means nothing because they can create whatever they want to consider the law of the land.
[57:21.640 --> 57:27.040] Every act they pass does not necessarily become the law of the land, nor does it become the
[57:27.040 --> 57:34.160] sole achievable means of obtaining due process.
[57:34.160 --> 57:38.160] Whatever they do, you're going to be in for a fight because this is their main revenue
[57:38.160 --> 57:41.040] stream these days, or at least one of them.
[57:41.040 --> 57:44.120] It's like cutting an artery that supplies the brain.
[57:44.120 --> 57:53.080] Nobody wants it to happen, and they'll do everything they can to fight to protect it.
[57:53.080 --> 57:56.880] You're doing fine, as far as I can tell, based upon what you're telling me.
[57:56.880 --> 58:02.600] Just don't stop reading and studying, and be prepared for the worst when it comes, it
[58:02.600 --> 58:03.600] becomes.
[58:03.600 --> 58:04.600] Right.
[58:04.600 --> 58:05.600] Okay.
[58:05.600 --> 58:06.600] Well, thanks a lot.
[58:06.600 --> 58:07.600] All right.
[58:07.600 --> 58:08.600] Appreciate it.
[58:08.600 --> 58:09.600] You're welcome.
[58:09.600 --> 58:10.600] All right.
[58:10.600 --> 58:16.600] All right, folks, we've got one more hour on our four-hour info marathon here on Friday
[58:16.600 --> 58:19.600] night, Friday the 14th.
[58:19.600 --> 58:20.800] We've got more callers on the board.
[58:20.800 --> 58:25.720] We've got Jim, Mark, Robin, Randy, Edward, just hang tight.
[58:25.720 --> 58:28.800] We're going to get to all of your calls in the next hour.
[58:28.800 --> 58:35.200] Folks, if you'd like to call in 512-646-1984, we will be right back after the top of the
[58:35.200 --> 59:00.320] hour news, INN World Report.
[59:00.320 --> 59:05.760] The Bible remains the most popular book in the world, yet countless readers are frustrated
[59:05.760 --> 59:08.540] because they struggle to understand it.
[59:08.540 --> 59:13.920] Some new translations try to help by simplifying the text, but in the process can compromise
[59:13.920 --> 59:17.160] the profound meaning of the scripture.
[59:17.160 --> 59:18.960] Enter the recovery version.
[59:18.960 --> 59:24.880] First, this new translation is extremely faithful and accurate, but the real story is the more
[59:24.880 --> 59:28.600] than 9,000 explanatory footnotes.
[59:28.600 --> 59:33.800] Most profound passages are opened up in a marvelous way, providing an entrance into
[59:33.800 --> 59:38.280] the riches of the Word beyond which you've ever experienced before.
[59:38.280 --> 59:43.440] Bibles for America would like to give you a free recovery version simply for the asking.
[59:43.440 --> 59:53.880] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:53.880 --> 59:57.960] or by ordering online at freestudybible.com.
[59:57.960 --> 01:00:04.840] This news brief brought to you by the International News Net.
[01:00:04.840 --> 01:00:08.960] Researchers have found toxic industrial chemicals in pregnant U.S. women.
[01:00:08.960 --> 01:00:14.000] A University of California, San Francisco study released Friday uncovered traces of
[01:00:14.000 --> 01:00:19.780] pesticides, ethers, flame retardants and other chemicals in the blood and urine of every
[01:00:19.780 --> 01:00:21.800] pregnant woman tested.
[01:00:21.800 --> 01:00:26.920] Lead author Tracy Woodruff said the research showed how easily these toxic substances,
[01:00:26.920 --> 01:00:33.080] many of them banned in the 1970s, have endured in the environment and in human bodies.
[01:00:33.080 --> 01:00:38.480] The American Civil Liberties Union argued before the U.S. Circuit Court of Appeals Thursday
[01:00:38.480 --> 01:00:44.800] Iraqis and Afghans tortured while U.S. Defense Secretary Donald Rumsfeld was in command should
[01:00:44.800 --> 01:00:46.800] have their day in court.
[01:00:46.800 --> 01:00:51.820] The court previously ruled in a similar case Rumsfeld and others were immune from such
[01:00:51.820 --> 01:00:54.400] suits because they were government officials.
[01:00:54.400 --> 01:01:00.040] But ACLU's arguments were repeatedly rebuffed by the court.
[01:01:00.040 --> 01:01:06.060] Ephraim Diveroli, a 25-year-old arms dealer whose company once boasted a 300 million dollar
[01:01:06.060 --> 01:01:11.760] Pentagon munitions contract, was sentenced Monday to four years for trying to ship millions
[01:01:11.760 --> 01:01:15.920] of rounds of Chinese-made ammunition to Afghan forces.
[01:01:15.920 --> 01:01:19.200] Much of it was decades old and could have been faulty.
[01:01:19.200 --> 01:01:25.480] But out on bail, Diveroli was arrested after attempting to broker another arms deal.
[01:01:25.480 --> 01:01:31.800] New evidence based on geological records show large parts of the earth may be uninhabitable
[01:01:31.800 --> 01:01:35.720] for thousands of years because of human-induced climate change.
[01:01:35.720 --> 01:01:41.320] A new National Center for Atmospheric Research study predicts that if society continues burning
[01:01:41.320 --> 01:01:47.160] fossil fuels at the present rate, atmospheric levels of carbon dioxide could rise from the
[01:01:47.160 --> 01:01:53.480] current level of 390 parts per million to 1,000 by the end of the century.
[01:01:53.480 --> 01:01:59.080] Temperatures could rise by more than 10 degrees Fahrenheit before 2100, too fast for species
[01:01:59.080 --> 01:02:00.080] to adapt.
[01:02:00.080 --> 01:02:06.360] The U.S. Environmental Protection Agency Thursday revoked the permit granted to the Spruce No.
[01:02:06.360 --> 01:02:08.600] 1 coal mine in West Virginia.
[01:02:08.600 --> 01:02:13.160] The recalled permit would have allowed the mine operator to blast mountaintops covering
[01:02:13.160 --> 01:02:19.840] over 2200 acres, dumping tons of mining waste into miles of waterways, killing aquatic life
[01:02:19.840 --> 01:02:22.160] and compromising water quality.
[01:02:22.160 --> 01:02:27.480] West Virginia's new Democratic Senator, Joe Manchin, ran a campaign showing him using
[01:02:27.480 --> 01:02:30.760] EPA regulations in target practice.
[01:02:30.760 --> 01:02:36.480] The much-anticipated decision brings to a close a 13-year struggle over the Spruce No.
[01:02:36.480 --> 01:02:37.480] 1 mine.
[01:02:37.480 --> 01:02:43.520] The U.S. Army Corps of Engineers initially approved Arch Coal's project in 2007, and
[01:02:43.520 --> 01:02:48.600] the EPA, then led by a George Bush appointee, did not object.
[01:02:48.600 --> 01:02:53.800] The decision marked the first time in the EPA's 40-year history the agency recalled
[01:02:53.800 --> 01:02:56.480] a previously issued permit.
[01:02:56.480 --> 01:03:19.320] Coal mining already underway in other areas of the Spruce site continues.
[01:03:56.480 --> 01:04:26.200] Okay, folks.
[01:04:26.200 --> 01:04:29.280] We are back.
[01:04:29.280 --> 01:04:32.480] And we are taking your calls.
[01:04:32.480 --> 01:04:34.400] We're going to Jim in Washington.
[01:04:34.400 --> 01:04:37.320] Jim, you have some questions about pre-litigation discovery.
[01:04:37.320 --> 01:04:38.320] Yes, I do.
[01:04:38.320 --> 01:04:40.080] First, I wanted to apologize for you.
[01:04:40.080 --> 01:04:42.200] I did not mean to hang up on you earlier.
[01:04:42.200 --> 01:04:43.200] Oh.
[01:04:43.200 --> 01:04:47.280] I pushed the wrong button on the phone.
[01:04:47.280 --> 01:04:54.200] My question is, how do you initiate pre-litigation discovery, and does it affect regular discovery
[01:04:54.200 --> 01:04:55.200] later?
[01:04:55.200 --> 01:04:56.200] Okay.
[01:04:56.200 --> 01:05:06.120] First, you have to make sure you have access to pre-litigation discovery in what state
[01:05:06.120 --> 01:05:07.120] were you in?
[01:05:07.120 --> 01:05:08.120] Washington State.
[01:05:08.120 --> 01:05:09.120] Washington State.
[01:05:09.120 --> 01:05:13.080] Then if you do, you just send discovery to the other side, and then if the other side
[01:05:13.080 --> 01:05:20.760] doesn't respond, then you petition the court for an order directing them to respond.
[01:05:20.760 --> 01:05:21.760] Okay.
[01:05:21.760 --> 01:05:25.440] So do you mean make sure I can initiate it?
[01:05:25.440 --> 01:05:28.560] Make sure it's in the law.
[01:05:28.560 --> 01:05:29.560] Oh, okay.
[01:05:29.560 --> 01:05:30.560] Gotcha.
[01:05:30.560 --> 01:05:36.920] And then another question I had is I've been going back and listening to past shows, and
[01:05:36.920 --> 01:05:40.320] I keep hearing reference to not crossing the bar.
[01:05:40.320 --> 01:05:43.760] What is the significance of that?
[01:05:43.760 --> 01:05:56.680] Okay, well, the bar is the little barrier between the gallery and the court itself.
[01:05:56.680 --> 01:06:07.200] And a lot of these guys in the commercial realm think that when you step across that
[01:06:07.200 --> 01:06:13.960] bar that you somehow grant jurisdiction to the court.
[01:06:13.960 --> 01:06:14.960] Okay.
[01:06:14.960 --> 01:06:17.160] I never have put much credence in that.
[01:06:17.160 --> 01:06:21.080] Either the court has subject matter jurisdiction or it doesn't.
[01:06:21.080 --> 01:06:28.280] And either it has in personam jurisdiction or you waive in personam jurisdiction.
[01:06:28.280 --> 01:06:34.680] They don't, you know, these things about crossing the bar, that bar doesn't really mean much
[01:06:34.680 --> 01:06:36.400] of anything.
[01:06:36.400 --> 01:06:41.480] It's how you conduct yourself before the court, whether you challenge their jurisdiction or
[01:06:41.480 --> 01:06:42.480] not challenge their jurisdiction.
[01:06:42.480 --> 01:06:45.480] It doesn't have anything to do with that bar.
[01:06:45.480 --> 01:06:46.720] Okay.
[01:06:46.720 --> 01:06:48.720] Thank you very much.
[01:06:48.720 --> 01:06:49.720] Okay.
[01:06:49.720 --> 01:06:52.720] Let's scream it, Blake.
[01:06:52.720 --> 01:06:53.720] Okay.
[01:06:53.720 --> 01:06:58.160] Then now we're going to go to Mark from Wisconsin.
[01:06:58.160 --> 01:07:01.680] I know Mark from Wisconsin is going to cause us trouble.
[01:07:01.680 --> 01:07:05.280] How are you doing tonight?
[01:07:05.280 --> 01:07:06.280] I'm great.
[01:07:06.280 --> 01:07:08.320] Hey, I got a little problem.
[01:07:08.320 --> 01:07:12.880] I did a typo on a complaint, Randy.
[01:07:12.880 --> 01:07:22.560] I wrote an S after a statute instead of an N or an O. And under the S statute, there's
[01:07:22.560 --> 01:07:26.240] no private, there's no private claim there.
[01:07:26.240 --> 01:07:29.760] It goes through the attorney general or whatever.
[01:07:29.760 --> 01:07:35.200] And so I got these clowns from Chicago trying to, this was a complaint from my wife.
[01:07:35.200 --> 01:07:36.200] Okay.
[01:07:36.200 --> 01:07:37.200] Just file a notice of errata.
[01:07:37.200 --> 01:07:38.200] Oops.
[01:07:38.200 --> 01:07:39.200] I made an oops.
[01:07:39.200 --> 01:07:40.200] File a correction.
[01:07:40.200 --> 01:07:41.200] That's an amended complaint?
[01:07:41.200 --> 01:07:42.200] Yeah.
[01:07:42.200 --> 01:07:43.200] That's a notice of errata?
[01:07:43.200 --> 01:07:44.200] Yeah.
[01:07:44.200 --> 01:07:45.200] You can just file an amended.
[01:07:45.200 --> 01:08:00.440] The notice of errata is the easiest way to send them a notice that at this location,
[01:08:00.440 --> 01:08:06.400] this citation should have been this instead of that.
[01:08:06.400 --> 01:08:07.400] All right.
[01:08:07.400 --> 01:08:14.720] If I got somebody sending me some case law that says that under 1681F, the Supreme Court
[01:08:14.720 --> 01:08:20.160] ruled there is a limited private cause of action and I was going to list case law for
[01:08:20.160 --> 01:08:24.440] an N and O and just say it was a typo too.
[01:08:24.440 --> 01:08:25.440] What do you think?
[01:08:25.440 --> 01:08:31.320] Well, it doesn't matter if you just go ahead and argue the other issues.
[01:08:31.320 --> 01:08:36.800] But yeah, you can claim it was a typo and then that'll make that issue moot.
[01:08:36.800 --> 01:08:37.800] All right.
[01:08:37.800 --> 01:08:44.040] Hey, didn't you say one time 12B6 is kind of a backdoor summary judgment?
[01:08:44.040 --> 01:08:49.560] I mean, what would you do to an attorney who was trying to 12B6 your wife, Randy?
[01:08:49.560 --> 01:08:58.720] Now, this is getting a little personal, isn't it?
[01:08:58.720 --> 01:09:02.920] I think I would grieve the SO whatever.
[01:09:02.920 --> 01:09:06.520] Oh, I'm definitely going to do that.
[01:09:06.520 --> 01:09:13.480] Hey, I was going to ask you, would it be too much for me to ask for agency on these guys
[01:09:13.480 --> 01:09:14.480] too?
[01:09:14.480 --> 01:09:18.400] They're the defendants, but they're kind of stuck a burr under my saddle.
[01:09:18.400 --> 01:09:21.120] I kind of want to get back at them.
[01:09:21.120 --> 01:09:28.160] Well, if they're the defendants, they don't need agency.
[01:09:28.160 --> 01:09:30.040] They're not representing someone else.
[01:09:30.040 --> 01:09:32.880] Well, the attorneys are.
[01:09:32.880 --> 01:09:40.240] Okay, then there's the Lacked Referential Index.
[01:09:40.240 --> 01:09:43.680] You're going for the attorneys who are representing the defendants.
[01:09:43.680 --> 01:09:46.880] No, they're not listed as defendants.
[01:09:46.880 --> 01:09:48.640] I was just going to ask them for agency.
[01:09:48.640 --> 01:09:54.000] Wait, wait, wait, we're screwing up words here.
[01:09:54.000 --> 01:09:55.920] Are the attorneys defendants?
[01:09:55.920 --> 01:09:56.920] No.
[01:09:56.920 --> 01:09:59.760] So they are representatives for the defendants.
[01:09:59.760 --> 01:10:00.760] Exactly.
[01:10:00.760 --> 01:10:01.760] Oh, yeah.
[01:10:01.760 --> 01:10:02.760] Then you ask for agency.
[01:10:02.760 --> 01:10:03.760] Okay.
[01:10:03.760 --> 01:10:04.760] Yeah.
[01:10:04.760 --> 01:10:10.000] And I was going to ask, when these guys file notice of appearance, how come they never
[01:10:10.000 --> 01:10:12.000] put their bar numbers on there?
[01:10:12.000 --> 01:10:15.920] Generally, here they do, but you can find it easy enough.
[01:10:15.920 --> 01:10:18.320] Well, now Randy, question real quick.
[01:10:18.320 --> 01:10:24.520] On notice of agency, that has to be for who's representing plaintiff, not defendant, isn't
[01:10:24.520 --> 01:10:25.520] it?
[01:10:25.520 --> 01:10:26.520] No, it doesn't matter.
[01:10:26.520 --> 01:10:31.840] This is an attorney who's representing a client, and he notices the court that he's the attorney
[01:10:31.840 --> 01:10:33.680] of record for the client.
[01:10:33.680 --> 01:10:39.800] It doesn't matter which side they're on.
[01:10:39.800 --> 01:10:43.480] So you can ask for agency from a defendant's attorney?
[01:10:43.480 --> 01:10:44.480] Absolutely.
[01:10:44.480 --> 01:10:45.480] Why not?
[01:10:45.480 --> 01:10:48.520] If they're saying they're representing somebody, they have to prove it up.
[01:10:48.520 --> 01:10:50.760] Well, I just didn't want to annoy the judge.
[01:10:50.760 --> 01:10:57.760] I just want to get back at these guys.
[01:10:57.760 --> 01:10:58.760] You know what I mean?
[01:10:58.760 --> 01:11:01.480] I don't see how that would annoy the judge.
[01:11:01.480 --> 01:11:02.480] All right.
[01:11:02.480 --> 01:11:07.520] Hey, I finally got my website up, Deborah, so I'll be sending you that information on
[01:11:07.520 --> 01:11:08.520] Monday.
[01:11:08.520 --> 01:11:09.520] That was a melee.
[01:11:09.520 --> 01:11:15.640] My webmaster lost his computer notebook at the airport and all kinds of stuff.
[01:11:15.640 --> 01:11:17.760] But I'll send you all that information on Monday.
[01:11:17.760 --> 01:11:18.760] Okay.
[01:11:18.760 --> 01:11:19.760] Awesome.
[01:11:19.760 --> 01:11:20.760] Thanks.
[01:11:20.760 --> 01:11:26.440] Hey, Randy, my brother submitted some information to Remedies in Real Estate, and he actually
[01:11:26.440 --> 01:11:28.080] had an audit done some time ago.
[01:11:28.080 --> 01:11:31.000] Would that information be helpful to you?
[01:11:31.000 --> 01:11:32.120] Absolutely.
[01:11:32.120 --> 01:11:35.280] Have him send us the audit.
[01:11:35.280 --> 01:11:36.280] Okay.
[01:11:36.280 --> 01:11:37.280] All right.
[01:11:37.280 --> 01:11:44.600] I'll send you an email, and is there an address on the website to send that audit to?
[01:11:44.600 --> 01:11:50.400] Better if you could scan it and send it electronically.
[01:11:50.400 --> 01:11:55.880] Otherwise you could send it... I don't know if they put a physical address up there or
[01:11:55.880 --> 01:11:56.880] not.
[01:11:56.880 --> 01:11:57.880] I'll check.
[01:11:57.880 --> 01:11:58.880] Okay.
[01:11:58.880 --> 01:11:59.880] All right.
[01:11:59.880 --> 01:12:00.880] Will do.
[01:12:00.880 --> 01:12:03.880] I think I'm all set.
[01:12:03.880 --> 01:12:07.520] The notice of errata, should that be different from the response?
[01:12:07.520 --> 01:12:08.520] Yes.
[01:12:08.520 --> 01:12:09.520] Okay.
[01:12:09.520 --> 01:12:12.880] That's just a notice to make a correction in the document.
[01:12:12.880 --> 01:12:13.880] Okay.
[01:12:13.880 --> 01:12:14.880] Will do.
[01:12:14.880 --> 01:12:15.880] Hey, thanks a lot.
[01:12:15.880 --> 01:12:16.880] I appreciate it.
[01:12:16.880 --> 01:12:19.880] Have a good night.
[01:12:19.880 --> 01:12:24.720] Okay, folks.
[01:12:24.720 --> 01:12:27.480] We are continuing on to take your calls.
[01:12:27.480 --> 01:12:29.400] We've got Robin in Florida.
[01:12:29.400 --> 01:12:31.080] Robin, thanks for calling in.
[01:12:31.080 --> 01:12:32.080] What is on your mind tonight?
[01:12:32.080 --> 01:12:33.080] Hey, guys.
[01:12:33.080 --> 01:12:34.080] Great show.
[01:12:34.080 --> 01:12:35.080] I got a question.
[01:12:35.080 --> 01:12:36.080] I went to a hearing yesterday.
[01:12:36.080 --> 01:12:47.880] It was a case management hearing I had mentioned to you guys before, and they granted me an
[01:12:47.880 --> 01:12:53.520] evidentiary hearing, which from what I'm understanding, they never do that.
[01:12:53.520 --> 01:12:55.600] This is a mortgage case.
[01:12:55.600 --> 01:12:59.360] I'm the defendant in the local district court.
[01:12:59.360 --> 01:13:05.680] So, evidentiary hearing, is that just basically they go over all the evidence, affidavits,
[01:13:05.680 --> 01:13:06.680] what's filed in the court?
[01:13:06.680 --> 01:13:07.680] How does that work?
[01:13:07.680 --> 01:13:15.720] I haven't found any information on evidentiary hearings.
[01:13:15.720 --> 01:13:18.280] That's a good question.
[01:13:18.280 --> 01:13:19.480] Evidence on what?
[01:13:19.480 --> 01:13:20.960] What's before the court now?
[01:13:20.960 --> 01:13:23.800] Is there a rule 12?
[01:13:23.800 --> 01:13:31.240] The note, which I'm claiming, it's fraudulent, and it's not my signature because they've
[01:13:31.240 --> 01:13:33.120] altered the document out of my sight.
[01:13:33.120 --> 01:13:35.080] They stamped the document on its face.
[01:13:35.080 --> 01:13:37.040] There's no launch.
[01:13:37.040 --> 01:13:39.440] They just mutilated the document on its face.
[01:13:39.440 --> 01:13:40.440] Okay.
[01:13:40.440 --> 01:13:41.440] Wait a minute.
[01:13:41.440 --> 01:13:45.920] What position are you in the case?
[01:13:45.920 --> 01:13:46.920] I'm the defendant.
[01:13:46.920 --> 01:13:49.920] Is that what you mean?
[01:13:49.920 --> 01:13:51.920] How far along in the case are you?
[01:13:51.920 --> 01:13:54.680] This is two and a half years now.
[01:13:54.680 --> 01:13:55.680] Oh, okay.
[01:13:55.680 --> 01:13:56.680] Then...
[01:13:56.680 --> 01:14:03.320] So, they put this to a senior judge because this is such a long case, there's certain
[01:14:03.320 --> 01:14:04.320] cases.
[01:14:04.320 --> 01:14:07.560] I mean, just because of the motions I've been filing and...
[01:14:07.560 --> 01:14:08.560] Okay.
[01:14:08.560 --> 01:14:11.320] See, you're asking about an evidentiary hearing.
[01:14:11.320 --> 01:14:12.320] Yes.
[01:14:12.320 --> 01:14:19.120] We don't know where you're at in the case, so we don't know what issues they're trying
[01:14:19.120 --> 01:14:20.120] to adjudicate.
[01:14:20.120 --> 01:14:23.120] Well, what they've filed is...
[01:14:23.120 --> 01:14:27.880] Well, I guess I got to get that information.
[01:14:27.880 --> 01:14:34.880] I thought evidentiary hearing was just going over the evidence they filed and they've filed
[01:14:34.880 --> 01:14:35.880] the note.
[01:14:35.880 --> 01:14:37.880] They've assigned the mortgage post.
[01:14:37.880 --> 01:14:40.880] Yeah, but wait a minute.
[01:14:40.880 --> 01:14:46.040] We have no idea what's going on at this point, just that you're in a lawsuit.
[01:14:46.040 --> 01:14:50.320] If you have a question, I have no idea what's going on.
[01:14:50.320 --> 01:14:58.480] Oh, well, basically, I had a case management hearing and I objected to all of that because
[01:14:58.480 --> 01:14:59.480] they don't give you notice.
[01:14:59.480 --> 01:15:03.240] There's all kinds of due process violations in this case.
[01:15:03.240 --> 01:15:09.120] So, they presented their note and I objected to the note saying that I did not sign this
[01:15:09.120 --> 01:15:10.120] note.
[01:15:10.120 --> 01:15:17.200] So, the judge asked me upon my objection to this note that they presented if I wanted
[01:15:17.200 --> 01:15:19.280] an evidentiary hearing, which...
[01:15:19.280 --> 01:15:20.280] Oh, okay.
[01:15:20.280 --> 01:15:25.480] So, this will give both of you opportunity to present evidence concerning the validity
[01:15:25.480 --> 01:15:26.480] of the note.
[01:15:26.480 --> 01:15:27.480] Absolutely.
[01:15:27.480 --> 01:15:28.480] So, yeah.
[01:15:28.480 --> 01:15:30.480] The note that they produced.
[01:15:30.480 --> 01:15:31.480] Okay.
[01:15:31.480 --> 01:15:35.840] Yeah, and plus there is an assignment of mortgage done post litigation.
[01:15:35.840 --> 01:15:36.840] Okay.
[01:15:36.840 --> 01:15:40.320] So, you need to know what the nature of the evidentiary hearing is.
[01:15:40.320 --> 01:15:44.200] You can't produce evidence if you don't know what they're wanting evidence about.
[01:15:44.200 --> 01:15:48.600] If it's only about the note, you need to know that or if they have other issues they want
[01:15:48.600 --> 01:15:51.320] to produce evidence on, you need to know about it.
[01:15:51.320 --> 01:15:52.320] Oh, okay.
[01:15:52.320 --> 01:15:58.040] So, but I can dictate what's in the evidentiary hearing, right?
[01:15:58.040 --> 01:16:00.040] Well, not necessarily.
[01:16:00.040 --> 01:16:02.320] What does the judge want to see?
[01:16:02.320 --> 01:16:07.760] Well, they requested that I put in a motion.
[01:16:07.760 --> 01:16:09.560] The judge said go, you know...
[01:16:09.560 --> 01:16:10.560] Okay.
[01:16:10.560 --> 01:16:12.560] You're telling us put in a motion.
[01:16:12.560 --> 01:16:13.560] Yeah.
[01:16:13.560 --> 01:16:14.560] What?
[01:16:14.560 --> 01:16:15.560] Put in a motion to...
[01:16:15.560 --> 01:16:16.560] I mean, I've never...
[01:16:16.560 --> 01:16:17.560] I just didn't...
[01:16:17.560 --> 01:16:21.560] I've never heard of an evidentiary hearing set for this week, so I didn't know what those
[01:16:21.560 --> 01:16:22.560] entailed.
[01:16:22.560 --> 01:16:23.560] So...
[01:16:23.560 --> 01:16:24.560] It's just producing evidence.
[01:16:24.560 --> 01:16:25.560] Yeah.
[01:16:25.560 --> 01:16:29.880] You produce evidence to support your position, they produce evidence to support their position.
[01:16:29.880 --> 01:16:34.920] But you haven't given us a position.
[01:16:34.920 --> 01:16:42.920] So you just have to know what the hearing's about so you can produce evidence for whatever
[01:16:42.920 --> 01:16:43.920] it's about.
[01:16:43.920 --> 01:16:44.920] Okay.
[01:16:44.920 --> 01:16:45.920] We got one more quick question.
[01:16:45.920 --> 01:16:46.920] Be real quick.
[01:16:46.920 --> 01:16:47.920] Okay.
[01:16:47.920 --> 01:16:51.880] This is Randy Kelton, David Stevens, Eddie Craig, Real Law Radio.
[01:16:51.880 --> 01:16:52.880] We'll be right back.
[01:16:52.880 --> 01:17:02.080] We'll finish up with Robin and then go to Randy from Texas.
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[01:17:07.120 --> 01:17:09.120] in the Austin metro area.
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[01:17:53.840 --> 01:18:00.640] Coin and Bullion, 512-646-6440.
[01:18:00.640 --> 01:18:05.600] It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't
[01:18:05.600 --> 01:18:09.320] so easy and neither is finding like-minded people to share it with.
[01:18:09.320 --> 01:18:12.240] Oh, well, I guess you haven't heard of Brave New Books then.
[01:18:12.240 --> 01:18:13.240] Brave New Books?
[01:18:13.240 --> 01:18:18.040] Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex
[01:18:18.040 --> 01:18:23.000] Jones, Ron Paul, Energy Edward Griffin, they even stock inner food, Berkey products and
[01:18:23.000 --> 01:18:24.000] Calvin Soaps.
[01:18:24.000 --> 01:18:26.920] There's no way a place like that exists.
[01:18:26.920 --> 01:18:28.400] Go check it out for yourself.
[01:18:28.400 --> 01:18:32.760] It's downtown at 1904 Guadalupe Street, just south of UT.
[01:18:32.760 --> 01:18:36.080] By UT, there's never anywhere to park down there.
[01:18:36.080 --> 01:18:41.360] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[01:18:41.360 --> 01:18:43.160] facility just behind the bookstore.
[01:18:43.160 --> 01:18:47.560] It does exist, but when are they open?
[01:18:47.560 --> 01:18:52.760] Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays, so give them a call
[01:18:52.760 --> 01:19:19.400] at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:19:22.760 --> 01:19:42.720] Okay, folks, we are back.
[01:19:42.720 --> 01:19:48.760] We're taking your calls and Robin, you said you had one more quick question.
[01:19:48.760 --> 01:19:52.720] We need to move quickly though because we've got a lot of callers on the line and we want
[01:19:52.720 --> 01:19:55.160] to try to get everybody in before the end of the show, so quickly.
[01:19:55.160 --> 01:19:56.160] What's your other question?
[01:19:56.160 --> 01:19:57.160] Sure.
[01:19:57.160 --> 01:20:00.400] It's a reference to bar agreements on an attorney that I had.
[01:20:00.400 --> 01:20:05.840] I contracted with a loan modification company and they used attorneys to handle the cases
[01:20:05.840 --> 01:20:06.840] that were in court.
[01:20:06.840 --> 01:20:08.840] Randy, there's something going on on your end.
[01:20:08.840 --> 01:20:12.240] I'm having trouble hearing the caller.
[01:20:12.240 --> 01:20:13.240] I'm sorry.
[01:20:13.240 --> 01:20:14.240] Go ahead, Robin.
[01:20:14.240 --> 01:20:15.240] Can you hear me now?
[01:20:15.240 --> 01:20:16.240] Yeah.
[01:20:16.240 --> 01:20:17.240] There was some...
[01:20:17.240 --> 01:20:18.240] My fault.
[01:20:18.240 --> 01:20:19.240] I'm muted.
[01:20:19.240 --> 01:20:20.240] Background noise.
[01:20:20.240 --> 01:20:21.240] Okay.
[01:20:21.240 --> 01:20:22.240] No problem.
[01:20:22.240 --> 01:20:27.080] In another case, which is a mortgage case, I had a loan modification company.
[01:20:27.080 --> 01:20:28.640] They hired attorneys apparently.
[01:20:28.640 --> 01:20:34.280] I never signed anything with the loan modification company or the attorney, no retainer agreement
[01:20:34.280 --> 01:20:35.280] or nothing.
[01:20:35.280 --> 01:20:37.960] He filed paperwork for me in the court.
[01:20:37.960 --> 01:20:42.440] I eventually fired him because I learned the jurisdiction and all this stuff he was doing
[01:20:42.440 --> 01:20:44.240] not the right paperwork.
[01:20:44.240 --> 01:20:50.240] My question is this loan modification company went out of business because the attorney
[01:20:50.240 --> 01:20:53.720] general shut them down.
[01:20:53.720 --> 01:20:59.760] Can I go after this attorney that I have absolutely no agreement with, no retainer agreement with,
[01:20:59.760 --> 01:21:08.360] to get some of the money that I'm out from this company that I paid?
[01:21:08.360 --> 01:21:10.320] Absolutely.
[01:21:10.320 --> 01:21:11.320] How would I do that?
[01:21:11.320 --> 01:21:14.960] Sue him for malpractice or file a bar grievance or...
[01:21:14.960 --> 01:21:16.760] Sue the attorney for malpractice.
[01:21:16.760 --> 01:21:17.760] Okay.
[01:21:17.760 --> 01:21:27.040] Should I sue him for a civil suit for the amount of the money that I paid the company?
[01:21:27.040 --> 01:21:28.040] Triple.
[01:21:28.040 --> 01:21:29.040] Triple?
[01:21:29.040 --> 01:21:34.760] Sue him for triple and then negotiate back to get your money back.
[01:21:34.760 --> 01:21:35.760] Okay.
[01:21:35.760 --> 01:21:38.680] Triple is because he knowingly did this, right?
[01:21:38.680 --> 01:21:39.680] Yeah.
[01:21:39.680 --> 01:21:40.680] That's the idea?
[01:21:40.680 --> 01:21:44.040] That's repugnitive or exemplary is the term.
[01:21:44.040 --> 01:21:48.280] Should I send him a tort letter with a copy of a complaint?
[01:21:48.280 --> 01:21:49.280] Yes.
[01:21:49.280 --> 01:21:54.520] Always a tort letter first if you can, if you have time and since you're suing him you
[01:21:54.520 --> 01:21:55.520] have time.
[01:21:55.520 --> 01:21:59.440] Send him a tort letter and tell him make me whole or be sued.
[01:21:59.440 --> 01:22:08.560] Give him X number of days and then after that expires a sue immediately.
[01:22:08.560 --> 01:22:10.600] Now what about a bar grievance?
[01:22:10.600 --> 01:22:13.640] You can file all the bar grievances you want to.
[01:22:13.640 --> 01:22:14.640] You're in Florida.
[01:22:14.640 --> 01:22:19.480] In Florida the bar insures their own attorneys.
[01:22:19.480 --> 01:22:23.040] So how much good they do in Florida is questionable.
[01:22:23.040 --> 01:22:24.040] Okay.
[01:22:24.040 --> 01:22:28.440] Because I was wanting to use that as leverage instead of having to adjudicate it.
[01:22:28.440 --> 01:22:30.680] It probably helps because the bar has to indemnify.
[01:22:30.680 --> 01:22:32.960] They have to pay for the...
[01:22:32.960 --> 01:22:39.360] If the guy gets sued it costs the bar so the bar may be even worse than an insurance company
[01:22:39.360 --> 01:22:40.840] would be.
[01:22:40.840 --> 01:22:41.840] Okay.
[01:22:41.840 --> 01:22:48.600] File a bar grievance is just because you can.
[01:22:48.600 --> 01:22:49.600] Do I...
[01:22:49.600 --> 01:22:52.400] If I send a tort letter do I mention anything about that?
[01:22:52.400 --> 01:22:53.400] No.
[01:22:53.400 --> 01:22:54.400] Absolutely not.
[01:22:54.400 --> 01:22:55.400] All right.
[01:22:55.400 --> 01:22:57.560] The attorney will know all about it.
[01:22:57.560 --> 01:22:58.560] Okay.
[01:22:58.560 --> 01:22:59.560] That's it.
[01:22:59.560 --> 01:23:00.560] Appreciate it.
[01:23:00.560 --> 01:23:01.560] Okey doke.
[01:23:01.560 --> 01:23:02.560] Thanks.
[01:23:02.560 --> 01:23:03.560] All right.
[01:23:03.560 --> 01:23:04.560] Thank you, Robin.
[01:23:04.560 --> 01:23:05.560] Okay.
[01:23:05.560 --> 01:23:09.560] We're going to go now to Randy in Texas.
[01:23:09.560 --> 01:23:10.560] Okay Randy.
[01:23:10.560 --> 01:23:11.560] Thanks for calling in.
[01:23:11.560 --> 01:23:13.560] What is on your mind tonight?
[01:23:13.560 --> 01:23:18.560] Randy, you talked about pre-litigation discovery.
[01:23:18.560 --> 01:23:22.640] Do we have that in Texas?
[01:23:22.640 --> 01:23:23.640] Yes we do.
[01:23:23.640 --> 01:23:31.720] I think it's Article or the Texas Rule of Civil Procedure 281 if I remember right.
[01:23:31.720 --> 01:23:44.240] Okay so I can use that rule to get the... any like third party to give me information?
[01:23:44.240 --> 01:23:45.240] Yes.
[01:23:45.240 --> 01:23:46.240] Okay.
[01:23:46.240 --> 01:23:48.200] Here's the purpose of pre-litigation discovery.
[01:23:48.200 --> 01:23:55.960] You think you have a lawsuit but you don't have all the information you need to be sure.
[01:23:55.960 --> 01:24:05.720] So in order to... in the interest of preserving evidence and judicial economy, you need to
[01:24:05.720 --> 01:24:11.000] discover this information to see if in fact you do have a suit.
[01:24:11.000 --> 01:24:16.380] And there is a provision for that in the Code of Civil Procedure to allow you to petition
[01:24:16.380 --> 01:24:17.380] for discovery.
[01:24:17.380 --> 01:24:21.440] Now in discovery, it doesn't go to the court, it goes to the other party but you send it
[01:24:21.440 --> 01:24:27.160] in the form of discovery so that if the other side doesn't voluntarily respond or give you
[01:24:27.160 --> 01:24:36.440] what you need, then you petition the court under this statute to order them to produce.
[01:24:36.440 --> 01:24:37.440] So how would you...
[01:24:37.440 --> 01:24:38.440] Okay.
[01:24:38.440 --> 01:24:47.840] Let's say that I need something from Deborah about a case that I want to go against you.
[01:24:47.840 --> 01:24:48.840] How do I...
[01:24:48.840 --> 01:24:54.400] Send a letter, just send a letter stating what you want and ask them to produce it.
[01:24:54.400 --> 01:24:59.000] If they don't, then you petition the court for an order ordering them to produce it under
[01:24:59.000 --> 01:25:00.000] pre-litigation discovery.
[01:25:00.000 --> 01:25:06.400] So in other words, there's nothing filed with the court, all I got to do is send a letter
[01:25:06.400 --> 01:25:11.200] and then they fail to produce and then I go to the court that I think I'm going to go
[01:25:11.200 --> 01:25:17.320] to for jurisdiction in the case and say, make them produce, is that correct?
[01:25:17.320 --> 01:25:18.320] Yes.
[01:25:18.320 --> 01:25:19.320] Okay.
[01:25:19.320 --> 01:25:23.280] That's perfect.
[01:25:23.280 --> 01:25:26.760] What is the cheapest way to get a deposition done?
[01:25:26.760 --> 01:25:28.720] Wait, say that again.
[01:25:28.720 --> 01:25:29.720] Cheapest...
[01:25:29.720 --> 01:25:35.920] The cheap, most to any extent, how to get a deposition done.
[01:25:35.920 --> 01:25:41.320] Take your own video camera and ask the court to allow you to video it yourself.
[01:25:41.320 --> 01:25:48.880] Okay, so you go to the court and say, hey, I want to just ask the questions myself and
[01:25:48.880 --> 01:25:49.880] video it?
[01:25:49.880 --> 01:25:50.880] Yeah.
[01:25:50.880 --> 01:25:51.880] All right.
[01:25:51.880 --> 01:25:59.440] As long as you save money, as long as the other side doesn't raise a major objection,
[01:25:59.440 --> 01:26:04.040] the court probably won't have a problem.
[01:26:04.040 --> 01:26:16.400] In a suit, there's the wording in parenthesis, this is not a suit on a sworn account, parenthesis.
[01:26:16.400 --> 01:26:18.400] What the hell does that mean?
[01:26:18.400 --> 01:26:21.680] What kind of suit is it?
[01:26:21.680 --> 01:26:22.680] Credit card.
[01:26:22.680 --> 01:26:31.840] It has to be a suit on a sworn account, then they're not claiming you owe them money on
[01:26:31.840 --> 01:26:34.760] a debt.
[01:26:34.760 --> 01:26:47.600] Okay, well, let me give you, they say the first action is breach of contract, second,
[01:26:47.600 --> 01:27:00.080] and then prior to that is where they put in their, and they call this the vigny, the fax,
[01:27:00.080 --> 01:27:09.760] and so they state this, they state it this way, the amount being sought on account is
[01:27:09.760 --> 01:27:17.200] x, y, z, a true and correct copy of the account statement showing the balance is attached
[01:27:17.200 --> 01:27:21.360] and marked as exhibit one and is incorporated herein.
[01:27:21.360 --> 01:27:25.960] Okay, so they're stating that this is a suit on account and then they state that it's not
[01:27:25.960 --> 01:27:28.080] a suit on account.
[01:27:28.080 --> 01:27:33.040] Claiming copies of statements is not good enough, this is straight out of the Michael
[01:27:33.040 --> 01:27:38.640] Mears method, they have to show specific accounting, they have to show ledger entries.
[01:27:38.640 --> 01:27:42.640] That wasn't the question, apparently they put in the suit that this is not a suit on
[01:27:42.640 --> 01:27:43.640] account.
[01:27:43.640 --> 01:27:44.640] Right.
[01:27:44.640 --> 01:27:46.520] Well, yeah, then there's that.
[01:27:46.520 --> 01:27:50.480] And then they claim that it, then they're claiming that this is a suit on account.
[01:27:50.480 --> 01:27:58.760] Right, so what I really want to know is to how to stretch the penal unit and the scrotum
[01:27:58.760 --> 01:28:00.240] and cut it off.
[01:28:00.240 --> 01:28:04.120] Well, I don't have enough information to know that.
[01:28:04.120 --> 01:28:09.480] Well, but are they not just basically shutting themselves off there?
[01:28:09.480 --> 01:28:18.520] Yeah, and we need to be careful with the imagery, this is a family show, I've been getting emails.
[01:28:18.520 --> 01:28:22.840] I'm not sure, there's not enough information to be able to tell.
[01:28:22.840 --> 01:28:27.960] Well, I mean, they're saying it's a suit on account, but then they're saying it's not
[01:28:27.960 --> 01:28:35.280] and you just said that, so how do we go after them for that fact?
[01:28:35.280 --> 01:28:37.720] Did you file an answer to the suit?
[01:28:37.720 --> 01:28:38.720] Not yet, because...
[01:28:38.720 --> 01:28:47.280] Okay, your answer is that the suit is nonsensical and you can't understand it and you ask for
[01:28:47.280 --> 01:28:49.240] an amended pleading.
[01:28:49.240 --> 01:28:57.000] All right, well, I thought there was something there, but I'm actually going to send you
[01:28:57.000 --> 01:29:04.560] a copy of this, but then they have first cause of action...
[01:29:04.560 --> 01:29:06.720] Okay, wait, Andy, go quickly, we've got a lot of calls.
[01:29:06.720 --> 01:29:12.080] We're going to have to wrap it up within 45 seconds because we're about to go to break.
[01:29:12.080 --> 01:29:13.640] I'm going to go real fast.
[01:29:13.640 --> 01:29:17.240] First cause of action is breach of contract, there is no contract.
[01:29:17.240 --> 01:29:20.640] Second cause of action is account stated.
[01:29:20.640 --> 01:29:23.600] Third cause of action is common law debt.
[01:29:23.600 --> 01:29:27.600] What are they trying to apply there?
[01:29:27.600 --> 01:29:29.360] I don't know, common law debt.
[01:29:29.360 --> 01:29:31.360] What is a common law debt?
[01:29:31.360 --> 01:29:35.800] I have no idea what they mean to that.
[01:29:35.800 --> 01:29:39.880] Okay, send me the documentation, I'll look at it.
[01:29:39.880 --> 01:29:40.880] Okay.
[01:29:40.880 --> 01:29:42.880] Okay, thanks for the call, Randy.
[01:29:42.880 --> 01:29:46.960] Okay, when we get back on the other side, we're going to go to Edward in New Mexico.
[01:29:46.960 --> 01:29:52.200] We've got Stuart in Texas, Rodney in Texas, David in Texas, folks, we've got a half an
[01:29:52.200 --> 01:29:53.200] hour left.
[01:29:53.200 --> 01:30:00.080] We're going to get through all your calls, 512-646-1984.
[01:30:00.080 --> 01:30:03.520] Top ten reasons to question the official story of the Oklahoma City bombing, reason number
[01:30:03.520 --> 01:30:04.520] five.
[01:30:04.520 --> 01:30:07.880] As witnessed by millions of viewers, the rescue efforts were interrupted several times due
[01:30:07.880 --> 01:30:10.200] to the presence of other explosives.
[01:30:10.200 --> 01:30:14.000] Government log entries indicate and witnesses report that after the initial devastating
[01:30:14.000 --> 01:30:18.960] blast, a bomb complete with timer was discovered and removed from wreckage by the bomb squad.
[01:30:18.960 --> 01:30:22.520] Yet we are told it's all due to baseless bomb scares or other contrivances.
[01:30:22.520 --> 01:30:26.800] So while officials try to sort out their stories, all we ask is who planted these bombs and
[01:30:26.800 --> 01:30:28.720] why is the government lying about them?
[01:30:28.720 --> 01:30:31.720] For more information, go to okcbombingtruth.com.
[01:30:31.720 --> 01:30:37.760] If you shop online, chances are a vendor is sizing you up and setting prices according
[01:30:37.760 --> 01:30:39.200] to what they think you'll pay.
[01:30:39.200 --> 01:30:43.400] I'm Dr. Catherine Albrecht and I'll be back in a moment with some tips to protect yourself
[01:30:43.400 --> 01:31:13.120] from discriminatory pricing.
[01:31:14.400 --> 01:31:20.200] Internet retailers are hunting for easy prey in the online jungle.
[01:31:20.200 --> 01:31:24.080] Without warning, they might charge you more than another customer for the exact same item
[01:31:24.080 --> 01:31:26.520] based on your web browser and visit history.
[01:31:26.520 --> 01:31:31.480] Capital One Bank reportedly charges higher interest rates to Firefox users and Amazon
[01:31:31.480 --> 01:31:36.760] got caught raising prices based on buyer cookies, codes stored on people's computer that link
[01:31:36.760 --> 01:31:37.760] to their purchase history.
[01:31:37.760 --> 01:31:40.960] While this is infuriating, it's perfectly legal.
[01:31:40.960 --> 01:31:45.520] Your best defense is to delete cookies, shop around for the best price, make notes and
[01:31:45.520 --> 01:31:47.040] take your sweet time.
[01:31:47.040 --> 01:31:50.480] And before you make a large purchase, you may want to have someone else check the deal
[01:31:50.480 --> 01:31:52.640] using a different computer and browser.
[01:31:52.640 --> 01:31:54.760] I'm Dr. Catherine Albrecht.
[01:31:54.760 --> 01:32:16.760] More news and information at CatherineAlbrecht.com.
[01:32:16.760 --> 01:32:17.760] We are back.
[01:32:17.760 --> 01:32:25.960] We've got a half an hour left in our four hour info marathon.
[01:32:25.960 --> 01:32:29.160] We've got tools of ingenuity here for you folks.
[01:32:29.160 --> 01:32:32.000] We've got Edward from New Mexico calling in.
[01:32:32.000 --> 01:32:33.720] Edward, thank you for calling in.
[01:32:33.720 --> 01:32:35.360] What is on your mind tonight?
[01:32:35.360 --> 01:32:36.360] Hello.
[01:32:36.360 --> 01:32:40.960] I had a question about traffic citation in Nevada.
[01:32:40.960 --> 01:32:49.880] Basically, back in 2004, I was passing through Nevada and I got stopped in a small town going
[01:32:49.880 --> 01:32:55.560] 42 miles an hour in a 25 mile an hour zone.
[01:32:55.560 --> 01:33:00.880] When I got back to New Mexico, I put a money order and then they mailed it off to them
[01:33:00.880 --> 01:33:03.400] and never thought about it again.
[01:33:03.400 --> 01:33:10.000] Well, basically last year when I went to go renew my driver's license, I had a block because
[01:33:10.000 --> 01:33:13.840] I had this citation open apparently off in Nevada.
[01:33:13.840 --> 01:33:19.600] They gave me the information for the MVD over there and I spent a couple of months calling
[01:33:19.600 --> 01:33:21.440] them up and they'd never heard of me.
[01:33:21.440 --> 01:33:29.320] I went and tried again with the DMV just at the end of this last year and I finally got
[01:33:29.320 --> 01:33:34.920] a little bit better information and actually got directed to E City Court that the ticket
[01:33:34.920 --> 01:33:35.920] was out of.
[01:33:35.920 --> 01:33:43.000] Now, I've got copies from all the stuff that they sent me and basically they got my address
[01:33:43.000 --> 01:33:44.000] wrong.
[01:33:44.000 --> 01:33:50.360] The officer hand wrote my address and I never received any of the sums or anything.
[01:33:50.360 --> 01:33:52.360] Hello?
[01:33:52.360 --> 01:33:54.360] Okay.
[01:33:54.360 --> 01:33:57.360] Randy, comments?
[01:33:57.360 --> 01:34:00.840] Did we lose Randy?
[01:34:00.840 --> 01:34:06.160] There was no question.
[01:34:06.160 --> 01:34:11.240] What's your question?
[01:34:11.240 --> 01:34:14.680] Basically I'm trying to figure out how to deal with them now because they want me to
[01:34:14.680 --> 01:34:16.280] pay all this kind of money.
[01:34:16.280 --> 01:34:19.280] I paid the ticket once but they don't have any record of it.
[01:34:19.280 --> 01:34:23.280] I paid it by money order and it was some six years ago and I don't have a record of it
[01:34:23.280 --> 01:34:26.120] anymore and things come back to haunt me.
[01:34:26.120 --> 01:34:31.600] You didn't keep any type of mail receipt or anything showing that you mailed a money order
[01:34:31.600 --> 01:34:36.400] for this amount of money, certified mail return receipt requested to these guys?
[01:34:36.400 --> 01:34:37.400] Okay.
[01:34:37.400 --> 01:34:39.480] I've made a steep learning curve.
[01:34:39.480 --> 01:34:43.680] I would never do that again but yes, back then, yes.
[01:34:43.680 --> 01:34:45.280] I just wanted it out of my hair.
[01:34:45.280 --> 01:34:46.280] I got back here.
[01:34:46.280 --> 01:34:50.640] I got a money order from the local Smiths, I think it was, or something and got it into
[01:34:50.640 --> 01:34:54.840] the mail and never heard back and was like, okay, great.
[01:34:54.840 --> 01:35:02.480] Okay, well, welcome to the rural town method of keeping the revenue stream alive.
[01:35:02.480 --> 01:35:04.800] That's what I'm discovering.
[01:35:04.800 --> 01:35:09.760] Because the moment it arrives in their hands, there is no signature required to take receipt
[01:35:09.760 --> 01:35:10.760] of the item.
[01:35:10.760 --> 01:35:16.880] The item, let me guess, you mailed them the entire money order including the receipt?
[01:35:16.880 --> 01:35:17.880] Oh no.
[01:35:17.880 --> 01:35:25.040] No, I wasn't back, I just wasn't bright enough to keep the stuff for years.
[01:35:25.040 --> 01:35:29.880] Okay, well, the problem is I guarantee you there's a two-year statute of limitations
[01:35:29.880 --> 01:35:34.400] on them collecting it unless they issued a warrant or some such immediately after the
[01:35:34.400 --> 01:35:37.520] fact and it would have to be file stamped to that purpose.
[01:35:37.520 --> 01:35:42.880] And here's my, here's where I got a copy of their court record.
[01:35:42.880 --> 01:35:47.660] The officer hand wrote my address at the time and not to give out the whole of it but basically
[01:35:47.660 --> 01:35:52.280] they misread a capital G and a capital R in the handwriting as a six and a capital B.
[01:35:52.280 --> 01:35:58.480] So I never received any of the mailings and it's demonstrable in the court records from
[01:35:58.480 --> 01:35:59.480] what they mailed me.
[01:35:59.480 --> 01:36:04.000] I mean, I can see the citation says one thing and I can see where all the printed stuff
[01:36:04.000 --> 01:36:08.880] in the court records that they printed out for me, the six pages or so are, have the
[01:36:08.880 --> 01:36:09.880] wrong address.
[01:36:09.880 --> 01:36:10.880] Okay, what was the-
[01:36:10.880 --> 01:36:11.880] Right, she knows I was never served.
[01:36:11.880 --> 01:36:14.760] When I called the court, I often complained about that.
[01:36:14.760 --> 01:36:21.720] So they just kept going back to the clerk, kept going back to the citation is your notice
[01:36:21.720 --> 01:36:29.200] to appear and that's all that was required and the court doesn't have to serve you.
[01:36:29.200 --> 01:36:32.800] Yes they do if you're out of state but here's the other problem.
[01:36:32.800 --> 01:36:39.920] What is the postmark date on the stuff that was mailed to you?
[01:36:39.920 --> 01:36:45.720] January 5th, 2011.
[01:36:45.720 --> 01:36:46.720] Not that stuff.
[01:36:46.720 --> 01:36:49.960] The stuff that allegedly was mailed to the address it never got to.
[01:36:49.960 --> 01:36:54.120] Oh, I'm sorry, Mr. Commissioner, question, let me check the record.
[01:36:54.120 --> 01:37:02.000] It's just like a line entry log in a printout.
[01:37:02.000 --> 01:37:06.400] Okay but they're saying they sent you notices via the mail that you didn't get because the
[01:37:06.400 --> 01:37:09.280] address was incorrect.
[01:37:09.280 --> 01:37:12.600] So obviously those notices came back to the court.
[01:37:12.600 --> 01:37:21.280] Yes, here it is, I found it, 1013.04 FTA notice returned by post OSD margin of such number.
[01:37:21.280 --> 01:37:26.880] And when was the ticket issued?
[01:37:26.880 --> 01:37:32.640] Ticket was issued 07-21-04.
[01:37:32.640 --> 01:37:40.000] Okay, so they were within the statute of limitations of notifying you of trial.
[01:37:40.000 --> 01:37:41.000] Okay.
[01:37:41.000 --> 01:37:43.760] So they did that quick?
[01:37:43.760 --> 01:37:44.760] Yeah.
[01:37:44.760 --> 01:37:52.560] Well, I don't know what to tell you without proof that you paid it.
[01:37:52.560 --> 01:37:59.760] So it really doesn't amount to much that they couldn't get my address right and couldn't
[01:37:59.760 --> 01:38:03.600] notify me correctly that the thing was still outstanding.
[01:38:03.600 --> 01:38:08.560] Well, that's going to be found to be irrelevant.
[01:38:08.560 --> 01:38:12.560] They're just going to argue that you had the citation and the proper location to make the
[01:38:12.560 --> 01:38:17.720] payment and you've got no way to prove you did that.
[01:38:17.720 --> 01:38:19.960] What if I took a different direction on this?
[01:38:19.960 --> 01:38:23.960] And I don't know how feasible this is, maybe this is kind of hot in the sky, but this is
[01:38:23.960 --> 01:38:28.160] blocking me from getting license renewed in my state.
[01:38:28.160 --> 01:38:42.120] What if I started a federal suit on my local MVD and pulled the Nevada small town in as
[01:38:42.120 --> 01:38:43.120] a co-defendant?
[01:38:43.120 --> 01:38:44.120] Okay.
[01:38:44.120 --> 01:38:45.960] Well, here's the problem.
[01:38:45.960 --> 01:38:47.960] How much is the citation?
[01:38:47.960 --> 01:38:53.840] Well, the citation itself I paid already was like just about 80 bucks, but now they want
[01:38:53.840 --> 01:38:58.080] some almost $350, $400 on it.
[01:38:58.080 --> 01:39:01.280] Which is pretty much the same cost of your federal filing fee.
[01:39:01.280 --> 01:39:06.560] Yeah, but it might be some good experience.
[01:39:06.560 --> 01:39:07.560] Or worse.
[01:39:07.560 --> 01:39:08.560] Or worse.
[01:39:08.560 --> 01:39:14.360] You could wind up having to pay their court costs on top of the fine.
[01:39:14.360 --> 01:39:22.440] Yeah, the problem here is you don't have a good clean case.
[01:39:22.440 --> 01:39:28.560] If you had your receipt, you'd have a good clean case, but not being able to prove you
[01:39:28.560 --> 01:39:36.320] paid it, all they have is your word saying, oh, I paid it.
[01:39:36.320 --> 01:39:41.160] You're going to have a hard time getting any traction.
[01:39:41.160 --> 01:39:44.440] We like good cases, but this is not one.
[01:39:44.440 --> 01:39:45.440] Okay.
[01:39:45.440 --> 01:39:46.440] Shoot.
[01:39:46.440 --> 01:39:51.280] You might send them a letter, a tort letter, accusing them of stealing your payment and
[01:39:51.280 --> 01:39:58.080] trying to recollect and offer them to repay the original amount, they may accept it.
[01:39:58.080 --> 01:39:59.080] Okay.
[01:39:59.080 --> 01:40:03.400] Or in lieu of a civil action, file a civil action in the state.
[01:40:03.400 --> 01:40:08.080] Well, I'll tell you what, well, without your receipt, again, you're stuck because you don't
[01:40:08.080 --> 01:40:12.080] have the original money order number to go back and see if it was ever cashed and who
[01:40:12.080 --> 01:40:13.080] would have cashed it.
[01:40:13.080 --> 01:40:17.040] I mean, this was six years ago, that.
[01:40:17.040 --> 01:40:18.040] Yeah.
[01:40:18.040 --> 01:40:19.600] See, that's the problem.
[01:40:19.600 --> 01:40:23.520] You don't have a good clean case, a way to go at them.
[01:40:23.520 --> 01:40:24.520] Gotcha.
[01:40:24.520 --> 01:40:25.520] Okay.
[01:40:25.520 --> 01:40:32.480] We probably can't help you and we've got a bunch of calls, we really need to move on.
[01:40:32.480 --> 01:40:33.480] Okay.
[01:40:33.480 --> 01:40:35.040] I do have one very quick more question.
[01:40:35.040 --> 01:40:36.040] All righty.
[01:40:36.040 --> 01:40:42.920] Concerning grieving attorneys, I do have a case in the federal courts following the Michael
[01:40:42.920 --> 01:40:50.520] Maris method and I've got, basically, the attorneys, when they started out, they kept
[01:40:50.520 --> 01:40:55.120] going through the electronic system and they weren't filing me through the mail.
[01:40:55.120 --> 01:40:58.560] Maybe I'm cutting this a little too short, but they weren't serving me properly.
[01:40:58.560 --> 01:40:59.560] Oh, great.
[01:40:59.560 --> 01:41:01.240] That's great to grieve for.
[01:41:01.240 --> 01:41:04.040] They turned around and fixed all that.
[01:41:04.040 --> 01:41:10.880] They withdrew, filed a motion to withdraw what they had done immediately and sent me
[01:41:10.880 --> 01:41:14.240] all the paperwork and gave me time to catch up.
[01:41:14.240 --> 01:41:20.480] I kind of like said, okay, I'll let this one go because I really want to get through discovery.
[01:41:20.480 --> 01:41:26.480] Now what I'm wondering is, I know I can't go back and grieve them with the courts, don't
[01:41:26.480 --> 01:41:32.360] really want to, but should I file a bar grievance with them, all three of them?
[01:41:32.360 --> 01:41:35.400] Well, no, not if they corrected it.
[01:41:35.400 --> 01:41:36.400] Okay.
[01:41:36.400 --> 01:41:41.560] If they wouldn't correct it, yeah, but, you know, I'd say you can file a bar grievance
[01:41:41.560 --> 01:41:46.160] for anything, but I really don't suggest you do unless they, generally, you can find plenty
[01:41:46.160 --> 01:41:49.200] of crapola that they pull so you can file good bar grievances.
[01:41:49.200 --> 01:41:52.760] Okay, so I should wait until I'm sure he's trying to pull something.
[01:41:52.760 --> 01:41:53.760] Yes.
[01:41:53.760 --> 01:41:58.880] I wasn't sure this time and he started to sound sincere when I accused him of it.
[01:41:58.880 --> 01:42:04.640] Well, I do say you can file a bar grievance for anything.
[01:42:04.640 --> 01:42:06.960] You can, but I don't suggest that.
[01:42:06.960 --> 01:42:11.840] I suggest that we file valid ones and, generally, we don't have trouble finding good ones to
[01:42:11.840 --> 01:42:12.840] file.
[01:42:12.840 --> 01:42:13.840] Okay.
[01:42:13.840 --> 01:42:14.840] And he'll give you opportunity.
[01:42:14.840 --> 01:42:15.840] I'm sure he will.
[01:42:15.840 --> 01:42:16.840] I'm sure they will.
[01:42:16.840 --> 01:42:17.840] All right.
[01:42:17.840 --> 01:42:18.840] Thank you.
[01:42:18.840 --> 01:42:19.840] Good advice.
[01:42:19.840 --> 01:42:24.840] Let's get on to the rest of your callers.
[01:42:24.840 --> 01:42:25.840] All right.
[01:42:25.840 --> 01:42:26.840] Thanks for calling in, Edward.
[01:42:26.840 --> 01:42:27.840] Okay.
[01:42:27.840 --> 01:42:28.840] We've got Stuart in Texas.
[01:42:28.840 --> 01:42:29.840] Stuart, thanks for calling in.
[01:42:29.840 --> 01:42:30.840] What's on your mind tonight?
[01:42:30.840 --> 01:42:31.840] Yeah.
[01:42:31.840 --> 01:42:32.840] All right.
[01:42:32.840 --> 01:42:33.840] Thank you very much.
[01:42:33.840 --> 01:42:41.200] I had what I believe is a fraudulent initial appraisal on a property or a home that I bought
[01:42:41.200 --> 01:42:42.200] in 2004.
[01:42:42.200 --> 01:42:48.120] An initial appraisal said the house was going to be worth at least $105,000, and my mortgage
[01:42:48.120 --> 01:42:50.120] ended up being just under that.
[01:42:50.120 --> 01:42:53.000] Currently, I owe $98,000.
[01:42:53.000 --> 01:42:57.760] The house is worth $69,000, so I'm almost $30,000 underwater.
[01:42:57.760 --> 01:43:03.160] And when I learned about all this mortgage fraud business, I decided to take a stand
[01:43:03.160 --> 01:43:07.120] and I made my last mortgage payment in August.
[01:43:07.120 --> 01:43:12.760] And I later, a couple of months later, demanded to see the note from US Bank, which was servicing
[01:43:12.760 --> 01:43:13.760] the loan.
[01:43:13.760 --> 01:43:19.280] I got a letter dated November the 8th saying that the Government National Mortgage Association
[01:43:19.280 --> 01:43:20.840] owns my note.
[01:43:20.840 --> 01:43:25.600] They included a copy of the original note showing that the mortgage company has this
[01:43:25.600 --> 01:43:28.560] note, and it is the same one that is on file in the county.
[01:43:28.560 --> 01:43:29.560] I checked.
[01:43:29.560 --> 01:43:32.080] Nothing's been filed since then.
[01:43:32.080 --> 01:43:37.520] The note shows, pay to the order of US Bank without recourse, but it stands canceled and
[01:43:37.520 --> 01:43:41.800] it's not signed on the last page of the note.
[01:43:41.800 --> 01:43:42.800] Interesting.
[01:43:42.800 --> 01:43:43.800] Okay.
[01:43:43.800 --> 01:43:44.800] Okay, hold on.
[01:43:44.800 --> 01:43:45.800] We're about to go to break.
[01:43:45.800 --> 01:43:46.800] Okay.
[01:43:46.800 --> 01:43:47.800] We'll pick this up on the other side.
[01:43:47.800 --> 01:43:51.920] This is Randy Kelton, Deborah Stevens, Eddie Craig, Riverlaw Radio.
[01:43:51.920 --> 01:44:02.800] We'll be right back and try to finish up all of your calls.
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[01:46:22.040 --> 01:46:51.680] The people come down from the hill.
[01:46:51.680 --> 01:47:17.040] Okay, Randy Keltner, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[01:47:17.040 --> 01:47:18.040] Okay.
[01:47:18.040 --> 01:47:19.040] Okay.
[01:47:19.040 --> 01:47:21.600] Stuart, where are we?
[01:47:21.600 --> 01:47:23.560] We haven't...
[01:47:23.560 --> 01:47:30.440] At the bank, I remember the aides saying that Government National Mortgage Association owns
[01:47:30.440 --> 01:47:34.960] my note, and then they were including a copy of my note, but it was the original note from
[01:47:34.960 --> 01:47:39.440] the original mortgage company, which I did my refinance with.
[01:47:39.440 --> 01:47:41.840] And it's the same one that's on file in the county.
[01:47:41.840 --> 01:47:43.680] Nothing has been filed since then.
[01:47:43.680 --> 01:47:48.720] And that note says, on the last page of it, I looked on this because I heard Randy talking
[01:47:48.720 --> 01:47:52.240] about this on Alex Jones several months back.
[01:47:52.240 --> 01:47:57.800] On the last page, it says, pay to the order of U.S. Bank without recourse.
[01:47:57.800 --> 01:48:03.480] But over that, it's stamped canceled, and it's not signed, but U.S. Bank ended up being
[01:48:03.480 --> 01:48:04.480] the servicer.
[01:48:04.480 --> 01:48:08.440] Now, I got a certified default notice.
[01:48:08.440 --> 01:48:15.280] You can almost be certain that whoever is the servicer is not the owner of the note.
[01:48:15.280 --> 01:48:16.280] Right.
[01:48:16.280 --> 01:48:19.120] But that's where the story gets interesting here.
[01:48:19.120 --> 01:48:21.280] We need to go quickly.
[01:48:21.280 --> 01:48:22.280] We've got to...
[01:48:22.280 --> 01:48:23.280] I got it real quick here.
[01:48:23.280 --> 01:48:27.560] They sent me a certified default notice on November the 15th, giving me 30 days to dispute
[01:48:27.560 --> 01:48:28.560] the validity.
[01:48:28.560 --> 01:48:32.080] I did that by email and got a response from them that they got it.
[01:48:32.080 --> 01:48:36.280] Then I got a separate default notice saying, MERS owns the note, and that was on November
[01:48:36.280 --> 01:48:39.120] 23rd, with 30 days to dispute it.
[01:48:39.120 --> 01:48:45.280] They paid my $1,100 tax bill from escrow, but they had to chunk in $577 to cover it
[01:48:45.280 --> 01:48:46.760] all since I hadn't paid for several months.
[01:48:46.760 --> 01:48:48.200] I was nice of them.
[01:48:48.200 --> 01:48:53.880] Then I got a letter dated December 14th saying U.S. Bank had purchased my note on December
[01:48:53.880 --> 01:48:58.520] 1, which was already three months past due by then, which to me is crazy.
[01:48:58.520 --> 01:49:02.120] They said in that letter that the note is not a recordable document.
[01:49:02.120 --> 01:49:07.360] They're basically saying they didn't have to have all the stuff on file of the county
[01:49:07.360 --> 01:49:09.800] saying who owns it.
[01:49:09.800 --> 01:49:13.760] Actually, that was what MERS was put in place for.
[01:49:13.760 --> 01:49:14.760] Right.
[01:49:14.760 --> 01:49:22.160] That's what the courts have been saying, not... You set this company up to circumvent
[01:49:22.160 --> 01:49:24.600] state law.
[01:49:24.600 --> 01:49:34.800] Landmarked case, Kansas City, Kessler v.... Landmarked v. Kessler, I believe.
[01:49:34.800 --> 01:49:44.560] They said... MERS came in and said that they set this company up so that these lending
[01:49:44.560 --> 01:49:51.360] companies could register the note with MERS and then they could sell, make sales behind
[01:49:51.360 --> 01:49:54.320] MERS and not have to register with the county.
[01:49:54.320 --> 01:49:59.120] MERS set this up because the requirement to register with the county was archaic, cumbersome
[01:49:59.120 --> 01:50:00.120] and costly.
[01:50:00.120 --> 01:50:01.120] Right.
[01:50:01.120 --> 01:50:05.680] The Kansas court agreed that it was archaic, cumbersome and costly, but they'd have to
[01:50:05.680 --> 01:50:06.680] take that up to the legislature.
[01:50:06.680 --> 01:50:09.760] Is that the case in Texas as well?
[01:50:09.760 --> 01:50:11.440] They required to do that in Texas.
[01:50:11.440 --> 01:50:14.640] Yes, and we're getting more and more cases hammering down MERS.
[01:50:14.640 --> 01:50:15.640] You need to sue them.
[01:50:15.640 --> 01:50:16.640] Well, that's what I was planning on doing.
[01:50:16.640 --> 01:50:22.000] I told them on my note, I said I'd be willing to negotiate with them, but only with who
[01:50:22.000 --> 01:50:27.000] actually legally owns the debt and they're going to have to prove to me that person owns
[01:50:27.000 --> 01:50:28.000] the debt.
[01:50:28.000 --> 01:50:31.280] I told them I'd block any attempts to foreclose on my property with a suit under common law
[01:50:31.280 --> 01:50:37.080] for fraud and or file a complaint with the Hays County grand jury.
[01:50:37.080 --> 01:50:38.400] Don't threaten them with the grand jury.
[01:50:38.400 --> 01:50:40.560] I suggest you don't threaten them with it.
[01:50:40.560 --> 01:50:41.560] Just do it.
[01:50:41.560 --> 01:50:42.560] Right.
[01:50:42.560 --> 01:50:49.880] If you don't mention it to them, they can't mention it to you.
[01:50:49.880 --> 01:50:55.120] You get to kick them in the pants and they can't complain about it because if you don't
[01:50:55.120 --> 01:51:01.920] say anything to them and they say something to you, that's tampering with the witness.
[01:51:01.920 --> 01:51:06.520] That's deep water.
[01:51:06.520 --> 01:51:11.720] The best way to get their attention and get something done is to file a federal lawsuit.
[01:51:11.720 --> 01:51:13.280] A federal lawsuit?
[01:51:13.280 --> 01:51:14.280] Yeah.
[01:51:14.280 --> 01:51:15.280] Federal is better than state.
[01:51:15.280 --> 01:51:17.240] At least that's been our experience.
[01:51:17.240 --> 01:51:18.240] Yeah.
[01:51:18.240 --> 01:51:24.640] But we do have people gaining traction in the state court.
[01:51:24.640 --> 01:51:27.480] The tide is turning.
[01:51:27.480 --> 01:51:33.800] At this point, with remedies in real estate, we primarily do federal cases because to try
[01:51:33.800 --> 01:51:42.360] to develop cases for all 50 states, it would just be way beyond anything we could do.
[01:51:42.360 --> 01:51:49.800] We've developed a rather extensive lawsuit for the Fed, but if somebody is willing to
[01:51:49.800 --> 01:51:57.080] do their own research, they could certainly file a state action, but you're not going
[01:51:57.080 --> 01:52:00.280] to get any traction unless you sue them.
[01:52:00.280 --> 01:52:02.400] That's where you get their attention.
[01:52:02.400 --> 01:52:07.160] They haven't followed up with anything since then, other than this letter when they bought
[01:52:07.160 --> 01:52:10.480] the note, which I thought was crazy, and I saw the U.S. bank just lost a big case in
[01:52:10.480 --> 01:52:11.480] Massachusetts.
[01:52:11.480 --> 01:52:12.480] Okay.
[01:52:12.480 --> 01:52:14.480] We really need to move along.
[01:52:14.480 --> 01:52:15.480] Yeah.
[01:52:15.480 --> 01:52:16.960] We've only got six minutes left.
[01:52:16.960 --> 01:52:20.880] Can you call back on next Thursday to talk more about mortgage issues?
[01:52:20.880 --> 01:52:21.880] Yes.
[01:52:21.880 --> 01:52:26.120] I'll do my best to do that when I'm corresponded with you.
[01:52:26.120 --> 01:52:31.760] If you need help with the situation of putting together a lawsuit, you may want to contact
[01:52:31.760 --> 01:52:37.560] Randy's mortgage fraud company, remediesinrealestate.com.
[01:52:37.560 --> 01:52:39.600] Send Randy an email at remediesinrealestate.com.
[01:52:39.600 --> 01:52:40.600] I've already done that.
[01:52:40.600 --> 01:52:41.600] I'll get on it.
[01:52:41.600 --> 01:52:42.600] Thanks for your help.
[01:52:42.600 --> 01:52:43.600] Okay.
[01:52:43.600 --> 01:52:44.600] Great.
[01:52:44.600 --> 01:52:45.600] Thanks, Stuart.
[01:52:45.600 --> 01:52:46.600] Okay.
[01:52:46.600 --> 01:52:47.600] We're going now quickly.
[01:52:47.600 --> 01:52:48.600] We are going to try to jam in as many calls as possible.
[01:52:48.600 --> 01:52:49.600] We've got Rodney in Texas.
[01:52:49.600 --> 01:52:50.600] Rodney, thanks for calling in.
[01:52:50.600 --> 01:52:51.600] What's on your mind?
[01:52:51.600 --> 01:52:52.600] Well, good evening.
[01:52:52.600 --> 01:53:02.960] I'm in discover in the federal court and sent out my first request for a productions on
[01:53:02.960 --> 01:53:03.960] a defendant.
[01:53:03.960 --> 01:53:09.000] They granted you, the federal judge granted you your discovery motion, request for discovery?
[01:53:09.000 --> 01:53:10.000] Oh, yes.
[01:53:10.000 --> 01:53:11.000] Okay.
[01:53:11.000 --> 01:53:12.000] Great.
[01:53:12.000 --> 01:53:13.000] Discovery is not really a motion.
[01:53:13.000 --> 01:53:14.000] Right.
[01:53:14.000 --> 01:53:15.000] You just send it to them.
[01:53:15.000 --> 01:53:16.000] Right.
[01:53:16.000 --> 01:53:17.000] Right.
[01:53:17.000 --> 01:53:18.000] The judge made that clear to me.
[01:53:18.000 --> 01:53:22.920] That's my right, pursuant to the federal rules of civil procedure 12.
[01:53:22.920 --> 01:53:25.160] So you got back, you got by rule 12.
[01:53:25.160 --> 01:53:26.160] Right.
[01:53:26.160 --> 01:53:27.160] Okay.
[01:53:27.160 --> 01:53:34.600] So what happens is the defendant gets it and quickly resigns his position as the official
[01:53:34.600 --> 01:53:43.560] of this agency and the defendant's attorney makes a motion to the court asking to substitute
[01:53:43.560 --> 01:53:48.880] another official in place of the defendant that I sent the request for productions to.
[01:53:48.880 --> 01:53:54.720] Now, the rule says that that doesn't change the circumstances, however, I'm wondering
[01:53:54.720 --> 01:54:02.120] if I should still compel discovery of the defendant who resigned after he had filed
[01:54:02.120 --> 01:54:06.960] an answer denying all of the charges to my complaint.
[01:54:06.960 --> 01:54:07.960] And the other thing is...
[01:54:07.960 --> 01:54:08.960] Okay.
[01:54:08.960 --> 01:54:09.960] Hold on.
[01:54:09.960 --> 01:54:10.960] Hold on.
[01:54:10.960 --> 01:54:11.960] I need a...
[01:54:11.960 --> 01:54:12.960] I got a question.
[01:54:12.960 --> 01:54:13.960] You want me to defend it personally?
[01:54:13.960 --> 01:54:14.960] Yeah.
[01:54:14.960 --> 01:54:22.680] But I'm assuming that was the question the judge asked me, am I suing them in their official
[01:54:22.680 --> 01:54:25.680] or individual capacity?
[01:54:25.680 --> 01:54:27.680] And I actually said both.
[01:54:27.680 --> 01:54:28.680] Good.
[01:54:28.680 --> 01:54:32.680] So he's still in the lawsuit?
[01:54:32.680 --> 01:54:33.680] Yeah.
[01:54:33.680 --> 01:54:34.680] Yeah.
[01:54:34.680 --> 01:54:42.560] And rule 35 says that even if he does resign and is substituted in by another official,
[01:54:42.560 --> 01:54:51.160] it doesn't change the lawsuit, however, it also says that it has to be a proper official
[01:54:51.160 --> 01:54:56.880] and that there has to be a hearing and that in order for the defendants or plaintiff to
[01:54:56.880 --> 01:54:57.880] substitute...
[01:54:57.880 --> 01:55:04.000] Well, in this case, the defendant to substitute an official in place of another official that
[01:55:04.000 --> 01:55:07.040] it must be done within 90 days.
[01:55:07.040 --> 01:55:13.840] Now, I don't know when that clock actually started to run, was it after the defendant
[01:55:13.840 --> 01:55:21.800] filed their answer to my complaint or what, but it looks to me like they've already exceeded
[01:55:21.800 --> 01:55:29.400] that 90 day period and I'm going to argue and object to them substituting in this other
[01:55:29.400 --> 01:55:30.400] official.
[01:55:30.400 --> 01:55:40.160] So I'm wondering what other things might I have that I can use here, Randy?
[01:55:40.160 --> 01:55:41.160] I'm not sure.
[01:55:41.160 --> 01:55:46.680] I don't really have a question from you other than that's kind of a blank open question,
[01:55:46.680 --> 01:55:49.080] whatever other things can you use?
[01:55:49.080 --> 01:55:57.280] Well, they cited a case here, Smith versus Chudelsky Veterans Affair, to support their
[01:55:57.280 --> 01:56:02.520] claim that they can substitute this official in the place of the other official.
[01:56:02.520 --> 01:56:03.520] Okay.
[01:56:03.520 --> 01:56:09.760] This is not a question I could answer directly, I'd have to, you know, it's kind of an arcane,
[01:56:09.760 --> 01:56:10.760] unusual question.
[01:56:10.760 --> 01:56:14.920] I'd have to research that before I could give you a proper answer.
[01:56:14.920 --> 01:56:15.920] Right.
[01:56:15.920 --> 01:56:22.160] Well, you know, I just, I mean, when I sent my request for production to this official,
[01:56:22.160 --> 01:56:23.160] I was thinking, well...
[01:56:23.160 --> 01:56:24.160] Okay, wait, wait.
[01:56:24.160 --> 01:56:25.160] We really need to move.
[01:56:25.160 --> 01:56:26.160] We've got three more callers.
[01:56:26.160 --> 01:56:27.160] Okay.
[01:56:27.160 --> 01:56:29.360] I don't mean to rush you, but you stumped a chump here.
[01:56:29.360 --> 01:56:30.360] Okay.
[01:56:30.360 --> 01:56:33.680] Why don't you try to call back on next Thursday, Randy?
[01:56:33.680 --> 01:56:34.680] All right.
[01:56:34.680 --> 01:56:35.680] Well, thank you very much.
[01:56:35.680 --> 01:56:36.680] Okay.
[01:56:36.680 --> 01:56:37.680] Thank you.
[01:56:37.680 --> 01:56:38.680] All right.
[01:56:38.680 --> 01:56:39.680] We're probably only going to have time to jam in one more call.
[01:56:39.680 --> 01:56:40.680] We're going to go to Marcus in Virginia.
[01:56:40.680 --> 01:56:41.680] Marcus, quickly.
[01:56:41.680 --> 01:56:43.680] We've got barely two minutes left.
[01:56:43.680 --> 01:56:47.640] I don't think I'm going to be able to cover everything that quickly anyway.
[01:56:47.640 --> 01:56:49.840] I got a problem with the...
[01:56:49.840 --> 01:56:53.040] Hey, Marcus, there's a lot of background noise on your end.
[01:56:53.040 --> 01:56:55.760] Is there a lot of people in the room with the radio on or something?
[01:56:55.760 --> 01:56:59.960] That the restaurant was pretty quiet earlier, but it just...
[01:56:59.960 --> 01:57:00.960] Okay.
[01:57:00.960 --> 01:57:01.960] All right.
[01:57:01.960 --> 01:57:02.960] Go ahead.
[01:57:02.960 --> 01:57:07.560] Anyway, I have a problem with mall security at Chesterfield Town Center and the Chesterfield
[01:57:07.560 --> 01:57:09.040] County Police Department.
[01:57:09.040 --> 01:57:10.040] Okay.
[01:57:10.040 --> 01:57:11.040] Apparently...
[01:57:11.040 --> 01:57:14.280] You might want to call in next Thursday as well.
[01:57:14.280 --> 01:57:15.280] Yeah.
[01:57:15.280 --> 01:57:21.000] I saw the chat from my call screener, something about they were accusing you of taking pictures
[01:57:21.000 --> 01:57:22.360] of children or something.
[01:57:22.360 --> 01:57:23.360] Right.
[01:57:23.360 --> 01:57:24.360] Yeah.
[01:57:24.360 --> 01:57:25.360] Well, is that a crime?
[01:57:25.360 --> 01:57:28.280] Is it a crime to take pictures of people in public?
[01:57:28.280 --> 01:57:35.160] Well, not that I know of, but this might be some policy that...
[01:57:35.160 --> 01:57:38.160] Did they kick you out of the mall?
[01:57:38.160 --> 01:57:43.280] No, but they moved against me so fast.
[01:57:43.280 --> 01:57:45.120] They had the cuffs on me.
[01:57:45.120 --> 01:57:48.080] They got their little police station in the mall there.
[01:57:48.080 --> 01:57:49.800] Oh, they assaulted you.
[01:57:49.800 --> 01:57:50.800] They assaulted you.
[01:57:50.800 --> 01:57:53.000] They interrogated me and my son.
[01:57:53.000 --> 01:57:54.000] Wait a minute.
[01:57:54.000 --> 01:57:55.000] Interrogated you?
[01:57:55.000 --> 01:57:56.000] Yeah.
[01:57:56.000 --> 01:57:57.000] They don't have the right to arrest you.
[01:57:57.000 --> 01:57:58.000] It's the security.
[01:57:58.000 --> 01:57:59.000] So they...
[01:57:59.000 --> 01:58:05.000] Well, they got the mall security and they also have a little police station for the
[01:58:05.000 --> 01:58:07.000] Chesterfield County Police Department.
[01:58:07.000 --> 01:58:08.440] Oh, so they arrested you.
[01:58:08.440 --> 01:58:10.000] So the police arrested you.
[01:58:10.000 --> 01:58:11.000] Right.
[01:58:11.000 --> 01:58:12.000] Yeah.
[01:58:12.000 --> 01:58:16.200] But I think the guy who was accusing me was undercover for the mall security.
[01:58:16.200 --> 01:58:17.200] Okay.
[01:58:17.200 --> 01:58:18.200] But what were they accusing you of?
[01:58:18.200 --> 01:58:19.200] Was it a specific crime?
[01:58:19.200 --> 01:58:23.000] Well, I couldn't get that out of the police.
[01:58:23.000 --> 01:58:25.440] I mean, all I know is...
[01:58:25.440 --> 01:58:27.440] Did they ever charge you with a crime?
[01:58:27.440 --> 01:58:28.440] No.
[01:58:28.440 --> 01:58:29.440] Okay.
[01:58:29.440 --> 01:58:30.440] All right.
[01:58:30.440 --> 01:58:31.440] We're going to have to take this up on Monday or Thursday.
[01:58:31.440 --> 01:58:33.440] We'll talk about suits for false imprisonment.
[01:58:33.440 --> 01:58:34.440] Yeah.
[01:58:34.440 --> 01:58:35.440] Absolutely.
[01:58:35.440 --> 01:58:36.440] This is ridiculous.
[01:58:36.440 --> 01:58:37.440] I'm sorry.
[01:58:37.440 --> 01:58:38.440] We ran out of time, Marcus.
[01:58:38.440 --> 01:58:39.440] Yeah.
[01:58:39.440 --> 01:58:40.440] Please call back in.
[01:58:40.440 --> 01:58:41.440] Please call back in.
[01:58:41.440 --> 01:58:42.440] We'll talk about this some more.
[01:58:42.440 --> 01:58:43.440] Yeah.
[01:58:43.440 --> 01:58:44.440] Randy will be here on Thursday.
[01:58:44.440 --> 01:58:45.440] Monday is Eddie's night.
[01:58:45.440 --> 01:58:48.000] He usually goes over to traffic, but you can call on Monday.
[01:58:48.000 --> 01:58:50.400] If you want to talk to all of us, call in on Thursday.
[01:58:50.400 --> 01:58:51.400] Okay.
[01:58:51.400 --> 01:58:52.400] All right.
[01:58:52.400 --> 01:58:53.400] All right.
[01:58:53.400 --> 01:58:54.400] Good night, folks.
[01:58:54.400 --> 01:58:55.400] We will see you on Monday.
[01:58:55.400 --> 01:58:56.400] This is a rule of law.
[01:58:56.400 --> 01:58:57.400] Ruleoflawradio.com.
[01:58:57.400 --> 01:59:25.400] I'm like a stepping raise, I don't want my size, I'm dangerous, dangerous, I'm like
[01:59:25.400 --> 01:59:38.400] a stepping raise, I don't want my size, I'm dangerous, dangerous, I'm like a stepping
[01:59:38.400 --> 01:59:43.400] raise, I don't want my size, I'm dangerous, dangerous.
[01:59:43.400 --> 01:59:55.400] I'm dangerous, dangerous, dangerous, dangerous.