ROL_2011-02-25_16k_Hr3-4.timecode

[00:00.000 --> 00:04.400]  This news brief brought to you by the International News Next.
[00:04.400 --> 00:09.200]  Tens of thousands of protesters Friday thronged Bahrain's capital Manama, chanting,
[00:09.200 --> 00:13.840]  the people want to topple the regime. Activists have renamed Pearl Roundabout
[00:13.840 --> 00:18.400]  Martyrs Roundabout in honor of the seven victims of a police raid last week.
[00:18.400 --> 00:21.760]  Ongoing talks have failed to defuse the growing opposition movement.
[00:23.360 --> 00:28.400]  Despite statewide protests, the Idaho Senate Thursday approved legislation curtailing
[00:28.400 --> 00:33.280]  collective bargaining by public school teachers. The Students Come First Bill
[00:33.280 --> 00:39.040]  restricts collective bargaining to salaries and benefits, removing class sizes, teacher workload,
[00:39.040 --> 00:44.240]  and promotions from negotiations. The Idaho Senate's move is the latest in a campaign
[00:44.240 --> 00:48.320]  by Republican-controlled state governments to diminish the power of unions.
[00:49.920 --> 00:54.880]  Tunisian police fired warning shots and tear gas Friday to disperse anti-government
[00:54.880 --> 01:00.160]  demonstrators in the capital. Tunisia has been relatively calm after weeks of protests
[01:00.160 --> 01:04.960]  that led to the downfall of President Ben Ali last month and sparked popular revolts
[01:04.960 --> 01:09.920]  across North Africa and the Mideast. Protesters gathered in front of the Interior Ministry,
[01:09.920 --> 01:12.480]  calling for the ouster of Tunisia's interim government.
[01:14.720 --> 01:20.160]  19 people were killed Friday and 75 injured during Iraq's Day of Rage when
[01:20.160 --> 01:25.680]  demonstrators tried to storm government buildings. Thousands of Iraqis, inspired by uprisings around
[01:25.680 --> 01:31.680]  the Arab world, protested against corruption and poor basic services in nationwide rallies,
[01:31.680 --> 01:36.960]  provoking sporadic clashes with security forces. Eight years after the US invasion,
[01:36.960 --> 01:42.400]  the nation's infrastructure remains crippled. Iraqis live with shortages of food, water,
[01:42.400 --> 01:48.480]  power, and jobs. Frustration has been mounting in the war-torn state, which has vast oil reserves
[01:48.480 --> 01:54.080]  and the potential to be a major producer. One banner demanded, where's my share in the oil
[01:54.080 --> 02:00.720]  profits? In Baghdad's Tahrir Square, thousands of demonstrators stormed past concrete blast walls,
[02:00.720 --> 02:06.320]  leading to the heavily fortified Green Zone, the US-built compound larger than Vatican City,
[02:06.320 --> 02:13.040]  which houses government buildings and embassies. Two US citizens with diplomatic status were
[02:13.040 --> 02:18.240]  quietly withdrawn from Pakistan after being involved in a fatal car accident last month
[02:18.240 --> 02:24.960]  in Lahore while trying to help Raymond Davis, a CIA contractor being held by Pakistani authorities
[02:24.960 --> 02:30.480]  on murder charges. Officials familiar with US government activities in Pakistan said the two
[02:30.480 --> 02:36.640]  Americans worked for the CIA as highly skilled bodyguards, like Davis, for CIA operations
[02:36.640 --> 02:42.320]  officers serving in Pakistan. The two Americans' vehicle crashed while going to the aid of Davis,
[02:42.320 --> 02:48.160]  who claimed he shot dead two Pakistanis when they tried to rob him at gunpoint. The police report
[02:48.160 --> 02:53.280]  says the vehicle used by the unidentified Americans drove the wrong way down a one-way street,
[02:53.280 --> 03:21.120]  struck and killed a motorcyclist, and fled from the scene.
[03:23.280 --> 03:31.120]  Yeah
[03:37.680 --> 03:47.760]  Well, I received my remedy today. It came in a box just like the thing. I accepted it for value
[03:47.760 --> 03:57.520]  right away. Not sooner, not later. We are originators, and the pathway seems to get
[03:57.520 --> 04:06.320]  straighter every day. And I could take anything that belongs to me and put it to good use.
[04:06.320 --> 04:22.320]  Well, I was good for the gander. Gonna work for the good. I know some architects. I know some engineers.
[04:22.320 --> 04:32.240]  They see me every day. They know certain things, please. What's up with the blatant deception?
[04:32.240 --> 04:39.600]  What is the nature of what you might gain? I see something headed straight for you.
[04:39.600 --> 04:46.000]  I think it looks just like a train. It sounds like a shadow.
[04:46.000 --> 04:51.280]  All right, folks, we are back. This is Rule of Law Radio. Okay, we're in our last two hours of the
[04:51.280 --> 04:58.720]  show, 512-646-1984. All right, Randy, who's our next caller there? Were we done with Brendan?
[04:58.720 --> 05:04.640]  I don't know. Are we done with Brendan? I think you were going to speak a little bit about...
[05:07.520 --> 05:15.200]  I don't know. You had something you wanted to mention, but if not, I just wanted to say that
[05:15.200 --> 05:20.960]  there was no... I just noticed there was no complaint in my file up until... I mean, there's still
[05:20.960 --> 05:26.160]  no complaint now. Yeah, okay. All right. Now I remember where we're at. Okay, dealing with
[05:26.160 --> 05:32.720]  the Administrative Procedures Act, okay? This goes back to what we've talked about with the
[05:32.720 --> 05:40.720]  officer's lack of authority. When that officer presumes to affect a stop in his official capacity
[05:40.720 --> 05:48.640]  as a law enforcement officer and what he's doing is an administrative procedure, he is completely
[05:48.640 --> 05:54.240]  without jurisdiction in that realm, which means you have been assaulted and accosted by a man with
[05:54.240 --> 06:01.360]  a loaded weapon acting outside of any reasonable and lawful authority. Wow. So you need to be
[06:01.360 --> 06:07.840]  filing criminal charges for aggravated assault and things of that nature and look specifically
[06:07.840 --> 06:16.560]  in your state and see if during the citation issuing process you are arrested in accordance
[06:16.560 --> 06:24.160]  with the terms used in the statute. If he actually placed you under arrest for that, then he's also
[06:24.160 --> 06:30.880]  got unlawful restraint or whatever similar in your state. And that's basically just having me pull
[06:30.880 --> 06:36.080]  over and turn the counter. That's right. He restricted you at your liberty when he had no
[06:36.080 --> 06:46.480]  lawful authority to do it. Wow. So I mean, the crazy thing is they're going after $190 and
[06:47.040 --> 06:50.720]  they don't really know what they're up against because they still haven't filed the criminal
[06:50.720 --> 06:58.320]  complaint for the post-it note, the forgery of the summons and that's a felony. So yeah, this is
[06:58.320 --> 07:06.800]  going to be a bad day for those folks. But like I mentioned, there's one thing is there was no
[07:06.800 --> 07:12.240]  complaint in my file and I'm wondering if that's... Well, there won't be. If this is an administrative
[07:12.240 --> 07:16.880]  procedure, there is no way for them to file a complaint. So you've got, if they do haul you
[07:16.880 --> 07:23.360]  into court, then you've also got malicious prosecution charges against them or whatever
[07:23.360 --> 07:32.880]  the state equivalent is there where you're at. Okay. And when the prosecutor sent the
[07:34.720 --> 07:42.960]  brief, the brief that was against my motion, it wasn't in the form of a legal brief.
[07:42.960 --> 07:48.480]  And if you remember, when I talked to you before about a legal brief, I was kind of worried that
[07:48.480 --> 07:53.520]  I want to make sure that I got it specifically correct as far as the form. But what he sent me
[07:53.520 --> 07:59.680]  was just kind of, I think that the title he put on it was a state's response to defendants'
[07:59.680 --> 08:07.920]  motion to dismiss. And I talked to Dan here in Connecticut and Dan said that I could have
[08:07.920 --> 08:13.760]  I could have sent it the way that he sent it. I could have just written something, anything. Right.
[08:13.760 --> 08:19.680]  But he needed to follow the code book. Well, the thing is, who is the prosecutor in this case?
[08:20.400 --> 08:27.200]  He's the assistant state's attorney. The state's attorney. Oh, good. Wait, question. When he filed
[08:27.200 --> 08:37.040]  the brief, did he make proactive statements of law? Did he say the law's this way, the law's that
[08:37.040 --> 08:47.600]  way? Well, he added, he added quite a bit of the statutes and yeah, he basically said that he has
[08:47.600 --> 08:51.600]  a right to do this, a right to do that. Did he make the statement out of the mouth of the court
[08:52.400 --> 08:58.880]  or out of his own mouth? If he made a statement, did he support each statement with case law or
[08:58.880 --> 09:04.560]  statutory law? I believe that he probably did as I went through it, that there is some anything that
[09:04.560 --> 09:11.520]  he said he threw in some of the statutes. Did you pull the cases that he cited? I'm just starting
[09:11.520 --> 09:16.960]  to do that. I pulled, actually, you know what? I don't think that he, I'm pretty sure he didn't
[09:16.960 --> 09:22.160]  pull any case law. Then he doesn't have anything before the court. He just has the statute.
[09:23.520 --> 09:28.880]  Yeah. He didn't give the court anything to work with. Any conclusions that he has, you move to
[09:28.880 --> 09:36.560]  strike them, is there his personal opinion and he's presented the court with no law to work from.
[09:37.840 --> 09:45.600]  Wow. You may not make any statement of proactive statement of law to the court out of your own
[09:45.600 --> 09:50.720]  mouth. It must be made out of the mouth of the court because the judge can only do two things,
[09:51.520 --> 09:58.480]  determine the facts in accordance with the rules of evidence, then apply the law as it comes to
[09:58.480 --> 10:02.560]  him to the facts in the case. If you give him your opinion, he can agree with you.
[10:03.760 --> 10:08.640]  But if you don't give him law and support, he has no authority to rule in your favor.
[10:09.760 --> 10:17.680]  And I see Dan in Connecticut is on. Dan. Okay. So I'll let you go to Dan. I just wanted to
[10:17.680 --> 10:25.200]  give you one last thing. Go ahead. Okay. So I know you have a little trouble pronouncing Connecticut
[10:25.200 --> 10:30.640]  and Massachusetts and Worcester, so I've got a really tough one for you. There's a lake up here
[10:30.640 --> 10:40.480]  called, it's called Webster Lake, but the Indian name, it's one name. It's Chagagagog, Chagagog,
[10:40.480 --> 10:46.400]  Chabonogog, Amogogog. So if you can figure that one out, we'll be in good shape.
[10:46.400 --> 10:49.280]  Not on there. Don't confuse him.
[10:50.160 --> 10:52.640]  All right. Well, thanks a lot, guys. We'll talk to you soon.
[10:52.640 --> 11:00.240]  Okay. I'm not going to mug my dogs at that lake. Okay. Dan, did you want to comment on this?
[11:02.560 --> 11:06.320]  Yeah. Lake Mogadog is a beautiful place to go swimming. But aside from that,
[11:07.520 --> 11:13.040]  I did look up 53A-24. And by the way, that is at the beginning of the penal code,
[11:13.840 --> 11:19.600]  listing out all the wonderful things you can do that would of course be violations of the law.
[11:19.600 --> 11:25.440]  Specifically, I'm going to read it and what the prosecutor wrote according to what Drew has said
[11:25.440 --> 11:32.240]  is correct. It says, A, the term offense, in quotes, by the way, means any crime or violation
[11:32.240 --> 11:37.440]  which constitutes the breach of any law of this state or any other state, federal law or local law
[11:37.440 --> 11:42.560]  or ordinance of a political subdivision of this state, for which the sentence to a term of
[11:42.560 --> 11:50.720]  imprisonment or to a fine or both may be imposed, except that what defines a motor vehicle violation
[11:50.720 --> 11:58.640]  or is deemed to be an infraction. The term crime, in quotes, comprises felonies and misdemeanors.
[11:59.200 --> 12:06.240]  Every offense which is not a crime, in quotes, is a violation, in quotes. Conviction of a
[12:06.240 --> 12:11.520]  violation shall not give rise to any disability or legal disadvantage based on conviction of a
[12:11.520 --> 12:18.080]  criminal offense. B, notwithstanding the provision of subsection A of this section, the provisions
[12:18.080 --> 12:28.080]  of sections 53A-28 to 53A-44 inclusive shall apply to motor vehicle violations. So, I mean,
[12:28.080 --> 12:32.640]  there's a little more after that, but it's not relevant. So, he is correct. It is not a crime
[12:32.640 --> 12:42.400]  according to 53A-24. It is a violation or an infraction, I should say. An infraction and not
[12:42.400 --> 12:49.120]  a violation. Yep. Not a crime, specifically. So, Drew's argument is it wasn't a crime and
[12:49.120 --> 12:57.440]  the assistant state's attorney agrees. It's not a crime. So, that apparently doesn't get him
[12:57.440 --> 13:07.200]  anywhere. No. Because apparently the police in Connecticut are authorized to enforce against
[13:07.200 --> 13:16.640]  infractions. Yes. Well, that's not helpful. I hate to be the bearer of bad news, but that
[13:16.640 --> 13:29.120]  assistant attorney is a tricky, semantical bastard. Okay. Did you look at his documentation? Does he
[13:29.120 --> 13:36.480]  have a...? I did not receive it yet. I was hoping I would get to look at it soon, but, I mean,
[13:36.480 --> 13:41.680]  there is that distinct difference right there, although his lack of response to the post-it
[13:41.680 --> 13:48.240]  issue note, though, should be very helpful. I'm not sure how well that's going to hold him
[13:48.240 --> 13:54.320]  since he did, since the defendant did respond and show up in accordance with the post-it,
[13:55.120 --> 13:59.760]  the issue becomes moot. That's what I'm concerned about.
[13:59.760 --> 14:11.360]  Yeah. Okay. Well, Mr. Coldwater on our parade, did you have any other issues you wanted to talk
[14:11.360 --> 14:17.440]  about? No, that was it. But that's the important thing to read right at the beginning of the
[14:17.440 --> 14:22.800]  Connecticut Penal Code with all this stuff, because they do like to play tricks like that. I mean,
[14:22.800 --> 14:28.000]  obviously they're not the brightest group of people in the world, but they do look at that
[14:28.000 --> 14:32.480]  every day. So I'm sure there's another way around it, but I just wanted to bring that up.
[14:32.480 --> 14:38.960]  Good. Thank you very much. Okay. Now we're going to go to Mark in Wisconsin.
[14:40.640 --> 14:44.480]  Hey, how's everybody doing? Doing really good. What do you got for us, Mark?
[14:45.520 --> 14:48.160]  Hey. Hi, Debra. Hey, Mark.
[14:48.160 --> 14:58.320]  I had a pretrial conference and the judge... I'm still messing around. First of all, I'm first
[14:58.320 --> 15:03.680]  messing around with the 12B6. They haven't ruled on that. Essentially, the opposition filed a 12B6
[15:03.680 --> 15:11.280]  for a typo. But the judge said to me that it was his duty to tell a pro se defendant that I could
[15:11.280 --> 15:17.200]  file a summary judgment in response to their 12B6, since it looked like a straightforward case. And
[15:17.200 --> 15:25.600]  then he kind of apologetically said to the attorney that maybe that's not the way the
[15:25.600 --> 15:29.200]  next judge is going to see this, since he's not going to be the judge in control of this case.
[15:30.800 --> 15:39.040]  So what do you think? I think there's enough facts in the case on the record right now to file for
[15:39.040 --> 15:45.920]  a summary judgment, but I'm not sure what he's talking about. I'm not sure either. We don't
[15:45.920 --> 15:53.280]  have enough information. As to the rule 12, this is something that I've done a lot of work on here
[15:53.280 --> 16:04.400]  recently. Right. And under rule 12, the judge must take, must accept statements of fact
[16:04.960 --> 16:11.280]  from the petitioner or from the plaintiff as true. Not as prima facie, but it's true.
[16:11.280 --> 16:20.400]  The only determination he can make is if the facts as stated by the plaintiff were taken as true,
[16:21.120 --> 16:28.080]  would the plaintiff have a claim against the defendant? In these issues we're working on
[16:28.080 --> 16:34.160]  on foreclosure, they're coming in and saying, we don't have liability for what the lender did.
[16:34.160 --> 16:40.480]  Not before the court. Latches apply, statute of limitations. Not before the court. These are
[16:40.480 --> 16:46.400]  relevant issues as it goes to rule 12. We'll talk about that a little more on the way back.
[16:46.400 --> 16:51.360]  On the other side, this is Randy Kelton, Deborah Stevens, Eddie Craig, Wheel of Law Radio.
[16:51.360 --> 17:04.640]  We'll be right back. Capital Coin and Bullion is your local source for rare coins, precious metals
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[17:36.320 --> 17:42.160]  Friday 10 to 6, Saturdays 10 to 5. You're welcome to stop in during regular business hours or call
[17:42.160 --> 17:49.600]  512-646-6440. Ask for Chad or Becky and say that you heard about us on Wheel of Law Radio or Texas
[17:49.600 --> 17:56.000]  Liberty Radio. That's Capital Coin and Bullion at our new location at 7304 Burnett Road Suite A.
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[18:47.360 --> 18:57.280]  michaelmears at yahoo.com. That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.280 --> 19:04.880]  to learn how to stop debt collectors now. Well, don't let nothing get to you. Only the
[19:04.880 --> 19:11.840]  father can deliver you. Don't let bad-minded people hurt you until they say something, get behind.
[19:11.840 --> 19:36.800]  You know what I mean, my friend? Knowledge of change.
[19:41.920 --> 19:47.120]  He is my king, man. He is everything. He is everything to me. That's why I call him.
[19:47.760 --> 19:52.960]  I touch my knee and I pray to him. Because he is the only one who could answer him.
[19:53.760 --> 19:58.800]  There is no business in what a king man says. Mankind, you know, is just leading.
[19:58.800 --> 20:26.720]  Okay, Mark, we were
[20:26.720 --> 20:33.600]  talking about your Rule 12. Now, your issue is, is this issue a credit card issue?
[20:38.640 --> 20:42.080]  There we go. Now, talk. Somebody had you muted, huh?
[20:42.080 --> 20:50.960]  Yeah, yeah. Now, if you do a typo in the code, that counts as a fact stated. So,
[20:50.960 --> 20:55.360]  I don't think that they're misusing the 12b6. You know what I mean?
[20:55.360 --> 21:02.320]  What was the typo, one of those critical typos? Yeah.
[21:04.400 --> 21:07.680]  Oh, okay. Was that the only issue they raised? Yeah.
[21:09.200 --> 21:14.320]  Then did you petition for a permission to file an amended pleading?
[21:14.320 --> 21:26.400]  Yeah, I did, along with, you know, all that stuff about, you know, a pro se's claim is
[21:26.400 --> 21:30.560]  to be liberally construed and all that case law too. Yeah. Is that Hearn? I think it is.
[21:32.880 --> 21:43.680]  We made that argument on the Ashcroft-Tombly and Igball. And we were saying that Ashcroft-Tombly
[21:43.680 --> 21:51.280]  overturned Conley. And Conley had been the standard for 50 years. And Ashcroft-Tombly
[21:51.280 --> 21:57.120]  overturned it and said, Conley's not good enough. You have to make a more definite statement.
[21:57.680 --> 22:08.000]  However, this was not an intent to raise the pleading standards, kind of double speak.
[22:08.000 --> 22:15.520]  Right. The argument we made was that Hearn, referencing pro se pleadings,
[22:18.000 --> 22:29.440]  Hearn referred to Conley and Ashcroft-Tombly may have raised the bar for attorneys, but
[22:29.440 --> 22:38.880]  Hearn in referring Conley specifically lowered the bar for pro se's. And in their decision,
[22:38.880 --> 22:54.800]  they didn't overturn Hearn. So Hearn still calls on Conley. Ashcroft-Tombly only overturned Conley
[22:54.800 --> 23:06.320]  for attorneys, not for pro se's. They didn't buy that story. But it's one of the issues for appeal.
[23:07.840 --> 23:12.720]  Okay. And since they filed a 12b6 and they never have filed an answer,
[23:12.720 --> 23:15.680]  does a 12b6 give them more time for an answer?
[23:15.680 --> 23:28.720]  Yes. Okay. Here's one. Yeah, until it's heard. Here's one. If they get a positive
[23:30.000 --> 23:33.200]  response to the 12b where it's dismissed, they don't have to get an answer.
[23:34.720 --> 23:41.280]  All right. I was just thinking about filing a summary judgment because there's no material
[23:41.280 --> 23:51.600]  facts in dispute. Well, that is a good, wait a minute. That's a good point. If they only filed
[23:51.600 --> 23:58.800]  a 12b6 based on a typo. Right. Was it obvious that it was a typo? Yeah, it's obvious because
[23:59.600 --> 24:05.440]  my wife paid $350 to get into court and the typo actually makes it so there's no private right of
[24:05.440 --> 24:13.600]  action. You understand what I mean? No, because I don't know what typo was, but-
[24:13.600 --> 24:18.320]  Well, if I want to put an O instead of an L, she'd be okay. That's how bad it was.
[24:21.920 --> 24:27.120]  Okay. Still too cryptic, but I'll take your word for it. I'm sure you have a good reason for being
[24:27.120 --> 24:30.960]  cryptic. Under L, there's no private right of action. It goes to the attorney general rather
[24:30.960 --> 24:38.000]  than a private right of action under O. Oh, okay. O is a citation. Okay. Right. Okay.
[24:39.520 --> 24:46.000]  So it was critical and a reasonable person of ordinary prudence would
[24:46.640 --> 24:53.360]  realize that that was a typo because all of your argument in the case went to O instead of L.
[24:53.360 --> 25:02.320]  Right. So I would file a motion for a, I'd ask for a sanction for filing a favor of pleading
[25:04.880 --> 25:10.720]  and bar grieve them just for the heck of it. Oh, I already did. Oh my God. I got every partner
[25:10.720 --> 25:15.760]  in the law firm. You ought to be ashamed of yourself.
[25:15.760 --> 25:23.600]  Because I looked into the rules of professional conduct and it says the partners are responsible
[25:23.600 --> 25:26.640]  for the other partners if they know what's going on. Of course, I could never prove they
[25:26.640 --> 25:30.720]  knew what was going on, but that's good enough for me, Randy. That's good enough. That's the
[25:30.720 --> 25:43.360]  way I like it. Will you send me the grievances that you filed? I'll post them on bargrievance.net.
[25:43.360 --> 25:47.600]  Okay. Will do. Yeah. They're going to get another four in a couple of days here too.
[25:47.600 --> 25:50.480]  I'm spreading them out once a month so they can't call them the same complaint.
[25:50.480 --> 26:01.600]  Okay. I'm going to want to post all of those and I will build a Wisconsin input form and I'd like
[26:01.600 --> 26:06.880]  you to try the input form and see how it works for you. Okay. Right now I don't have all the
[26:06.880 --> 26:14.000]  backside programming, but you just fill it out on the web and save it and print it. Hey,
[26:14.000 --> 26:22.720]  I had another question. Yeah, I'll do that. They've made six more violations against me
[26:22.720 --> 26:26.320]  since we've been in court, Randy. Is it prudent to file against them now while there's other
[26:26.320 --> 26:31.920]  ones in there? Wait, are you talking about judicial pundit complaints? No, no. The attorneys
[26:31.920 --> 26:41.920]  actually broke statute laws in the FDCPA. Criminal complaints don't have anything to do
[26:41.920 --> 26:47.840]  with a civil action. No, I'm saying should I file a new civil action just to put a B in their bonnet?
[26:50.400 --> 26:59.840]  No, not a new civil action, but an amended pleading to include the harm, the tort that was created
[26:59.840 --> 27:09.280]  against you by the criminal acts of the attorneys. I didn't know you could do that. Yeah. Now you make
[27:09.280 --> 27:15.360]  them litigants. Now they have to go hire attorneys to represent them. They'll get apoplexy.
[27:16.960 --> 27:23.680]  So what are you saying that amended? How does that go? I mean, shortly, how do you usually word them?
[27:23.680 --> 27:31.680]  Well, okay, when you file an amended pleading of any kind or an amended motion,
[27:33.520 --> 27:41.200]  everything has to be in the new pleading that you want to plead because the previous
[27:42.240 --> 27:48.560]  is history, cannot be considered. So you use the original and you add to that? Just add to it. And
[27:48.560 --> 27:55.360]  I would suggest that you put a cover letter or something to notify the court of those places
[27:55.360 --> 28:00.880]  that have been amended so that the court doesn't wind up having to read the whole thing again,
[28:00.880 --> 28:05.680]  because that'll just annoy the judge. Okay. So I could highlight the spots that have been amended.
[28:05.680 --> 28:14.400]  Yeah. And affirm that all else is the same and that these are the only changes.
[28:14.400 --> 28:18.960]  That way the judge doesn't have to be concerned that you may have snuck a change in there you
[28:18.960 --> 28:23.760]  didn't tell him about because you've affirmed that it's the same and they can hold you to the
[28:23.760 --> 28:30.640]  original. So he don't have to bother reading all that other stuff. And they got too much reading
[28:30.640 --> 28:35.360]  to do anyway. So they will always appreciate that kind of thing. I think if I did that, Randy,
[28:35.360 --> 28:42.320]  the judge might give them some kind of hint. You better settle this. Absolutely. Good chance he
[28:42.320 --> 28:51.920]  will. All right. All right. Hey, Debra. Is Debra still there? She may not be. She's working on
[28:51.920 --> 28:56.560]  something else. Yeah, I'm here. I'm here. It's good. I'm here. Hey, just for the fun of it,
[28:56.560 --> 29:04.400]  I ran your name through an anagram server. Okay. And it came up, behaved stoner. I don't know what
[29:04.400 --> 29:15.200]  that means. Ever hot badness. That one works. Heavens debtors. Heavens what? Debtors. Heavens
[29:15.200 --> 29:26.000]  debtors. Uh huh. Okay. Brave host scene. Okay. Ever hot badness. Yeah. And then bones harvested.
[29:26.000 --> 29:34.800]  You know when she gets mad. Okay. I'll have to think about that one. Ever hot badness. I like
[29:34.800 --> 29:46.160]  that one. And your husband is nervy jesters. Take care. All right. Thanks, Mark. All right. We'll be
[29:46.160 --> 29:49.760]  right back, folks. We're going to take more of your calls. This is Rule of Law Radio on our
[29:49.760 --> 29:57.120]  four-hour Friday info marathon right here on Friday, February 25th, 2011. We'll be right back.
[30:19.760 --> 30:41.520]  I'm Dr. Catherine Albrecht and I'll be back in just a moment to explain why you might want to turn down the heat.
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[31:03.600 --> 31:10.560]  brother spying on you, start over with Startpage. Great search results and total privacy. Startpage.com,
[31:10.560 --> 31:15.680]  the world's most private search engine. A new study suggests the trend for warmer indoor
[31:15.680 --> 31:20.960]  temperatures could be making people fatter and contributing to the obesity epidemic. University
[31:20.960 --> 31:25.840]  College London researchers explain that when the weather turns cold, our bodies are designed to
[31:25.840 --> 31:31.360]  burn a special kind of fat called adipose tissue. It's supposed to keep us warm, but if our homes,
[31:31.360 --> 31:36.560]  businesses and cars are already toasty, our bodies never use up the energy to burn it.
[31:36.560 --> 31:42.000]  As a result, it hangs on as excess fat. So, consider lowering the thermostat. You'll burn
[31:42.000 --> 31:47.200]  more calories and you'll whittle away all that adipose fat. You'll also save on heating costs
[31:47.200 --> 31:51.920]  and reduce carbon emissions in the process. I'm Dr. Katherine Albrecht. More news and
[31:51.920 --> 32:19.520]  information at KatherineAlbrecht.com. Yeah.
[32:21.920 --> 32:28.160]  Okay. This is Randy Kelton, Debra Stevens, Betty Craig. We're with Law Radio. We're back.
[32:28.160 --> 32:36.480]  We're going to go to Carlos in California. I know he has trouble for us. Carlos, how's it going today?
[32:36.480 --> 32:41.440]  How are you? Good evening. Good evening. Okay. I did find something that I wanted to email you.
[32:41.440 --> 32:48.880]  I already did. I did it today. So, clicking your email. Now, quick question. How do I start
[32:48.880 --> 32:58.080]  my bar grievance? Oh, okay. Go to bargrievance.net. Bargrievance.net. Yes. And it has links
[32:58.880 --> 33:06.240]  to the bar standards for California. And just kind of cruise down through the standards.
[33:07.440 --> 33:13.040]  And in thinking about what the attorneys did, and you'll find a grievance that points right at it.
[33:13.040 --> 33:22.400]  And then take a standard that points right at it. Take the standard and write the complaint in the
[33:22.400 --> 33:29.920]  words of the standard. They like to do a song and dance themselves or down your pants. Here in Texas,
[33:29.920 --> 33:35.840]  no matter what you file now, they're saying that they're treating it as a request for mediation
[33:35.840 --> 33:44.560]  request for mediation and not as a complaint. So, on the Texas site, I have some really good
[33:45.760 --> 33:51.760]  notations that I add in that will stay with the filing when you file it with the bar.
[33:52.640 --> 33:58.960]  But essentially, we don't care what they do. But look at it. Look at the California site and
[33:58.960 --> 34:05.600]  fill out the document there. And just, when you're done, just save that document to your machine.
[34:06.480 --> 34:15.680]  And then hit the submit button. That'll send it to us. And we will save it on the web where anybody
[34:15.680 --> 34:21.680]  who does a search for this individual's name will get a hit right on that complaint.
[34:21.680 --> 34:31.440]  And in California, the bar grievances are public anyway, but what they're not is available directly
[34:31.440 --> 34:38.560]  on the web. You have to go search out through their site. With this, if anybody searches for
[34:38.560 --> 34:45.040]  this attorney's name, they'll get it. These attorneys are not going to like that.
[34:45.040 --> 34:47.440]  Okay. How much damage is that going to do?
[34:47.440 --> 34:54.800]  Oh, to the attorney? Big time. Two bar grievances. One bar grievance, your first year of practice,
[34:54.800 --> 35:00.320]  they'll capture your malpractice insurance immediately. I was just talking to someone in
[35:00.320 --> 35:06.000]  California, and he was a paralegal. He worked for a couple of different law firms. And he said one
[35:06.000 --> 35:12.400]  of the firms he worked for had an attorney who got six bar grievances against him. They terminated.
[35:12.400 --> 35:18.800]  They said, look, with six bar grievances, they'll cancel our insurance, and we can't work without
[35:18.800 --> 35:22.000]  malpractice insurance. So we cannot employ you.
[35:24.720 --> 35:28.720]  Okay. Is it done against the law firm or the attorney?
[35:28.720 --> 35:30.720]  The attorney. Always the attorney.
[35:30.720 --> 35:31.920]  Only the attorney.
[35:31.920 --> 35:39.120]  And Mark from Wisconsin was just saying, in Wisconsin, the law firm, the law firm,
[35:39.120 --> 35:49.040]  in Wisconsin, the bar standards state that in a law firm, all of the attorneys in the firm are
[35:49.040 --> 35:55.680]  considered to be aware of what any other attorney is doing, so they're equally responsible.
[35:56.240 --> 35:58.400]  So he's filing on all of them in the firm.
[36:00.480 --> 36:07.680]  Okay. Now, due to the fact that this attorney made up some lies in the judge throughout my case,
[36:07.680 --> 36:13.920]  is there a time limit that I can go back and try to reopen my case?
[36:13.920 --> 36:15.280]  That's fraud. That's four years.
[36:15.920 --> 36:17.040]  Okay. Great.
[36:17.040 --> 36:25.040]  Okay. We're putting in a lot of new issues that we haven't considered before.
[36:26.000 --> 36:33.120]  I finally got my document together. When I first started this, I started before I was ready,
[36:33.120 --> 36:36.560]  before I had all my research done. But I had so many people coming to me saying,
[36:36.560 --> 36:38.960]  I'm going to be thrown out in three days. You got to do something to help me.
[36:38.960 --> 36:42.080]  So I put out a document. It wasn't nearly up to speed.
[36:43.360 --> 36:46.800]  So I went to work on bringing one up to speed. I've got one now.
[36:47.840 --> 36:54.480]  And once I got that put together, then I could sit down and start going into more in-depth research.
[36:55.600 --> 37:01.440]  And we have a lot of issues that we're bringing in that we weren't able to get to before.
[37:01.440 --> 37:07.360]  Carlos, how familiar are you with estoppel? Not really.
[37:08.560 --> 37:15.360]  You need to be familiar. Go on the internet and do a search for estoppel, collateral estoppel,
[37:15.360 --> 37:24.240]  equitable estoppel, statutory estoppel, and there's one more. I'll think of it in a minute.
[37:24.240 --> 37:34.080]  But if anyone in the process of doing the suit or in the process of making the loan
[37:35.200 --> 37:41.280]  makes a statement to you that's not true, and you rely on that statement
[37:42.560 --> 37:49.680]  and enter into an agreement you otherwise wouldn't enter into, there are equitably a
[37:49.680 --> 37:56.000]  stop from pursuing the contract. If you ask for a loan modification and they say,
[37:56.000 --> 38:01.520]  well, you have to get at least three payments behind before you qualify, and you do that.
[38:02.320 --> 38:06.880]  And then while you're doing the loan modification, you get a notice of default
[38:07.520 --> 38:12.400]  and you call the company and they say, oh, don't worry about that. That's not a problem.
[38:12.400 --> 38:20.320]  That's just administrative, the loan modification take care of that. They are statutorily,
[38:20.320 --> 38:26.240]  I mean, they are equitably a stop from moving ahead with the foreclosure process.
[38:26.240 --> 38:29.360]  They do that all the time and they go ahead and foreclose.
[38:29.360 --> 38:33.200]  Yes, they do, but people are not pleading equitable estoppel.
[38:33.200 --> 38:33.760]  Right.
[38:33.760 --> 38:48.160]  If a company comes into court and makes a claim or a defense, and rather or not, they win the case,
[38:48.800 --> 38:57.440]  if they are ruled against on that defense, they are collaterally a stopped from bringing that
[38:57.440 --> 39:05.520]  defense in an essentially identical case, in another case, it's essentially identical to this one.
[39:07.760 --> 39:09.360]  Now that should ring a bell, Carlos.
[39:09.360 --> 39:10.160]  Yes.
[39:10.160 --> 39:14.480]  M-E-R-S.
[39:14.480 --> 39:15.680]  Right.
[39:15.680 --> 39:20.080]  They come into court and present their business model.
[39:20.080 --> 39:25.360]  The first time they were ruled against in court on that business model,
[39:26.400 --> 39:31.280]  everyone they went into should have screamed collateral estoppel.
[39:34.000 --> 39:39.920]  They are forbidden to bring this back into court because it's already been adjudicated by a court
[39:39.920 --> 39:42.960]  and found against them, they're not allowed to come back in.
[39:42.960 --> 39:47.600]  And that's finally gotten to MERS because they issued a case against them.
[39:47.600 --> 39:52.240]  It's finally gotten to MERS because they issued statements to all of their customers telling them,
[39:52.800 --> 39:54.480]  we're not going into court anymore.
[39:55.600 --> 39:56.080]  Right.
[39:56.640 --> 39:58.720]  So they've got pretty well hammered.
[39:58.720 --> 40:07.600]  So what that does is establishes essentially at admission that all of the cases that were
[40:07.600 --> 40:15.040]  determined for MERS was involved were bogus, were faulty, and they can be revisited.
[40:15.040 --> 40:18.800]  So finally, we're going to see some remedy of whoever has MERS,
[40:19.360 --> 40:21.680]  even though they have been foreclosed.
[40:21.680 --> 40:22.160]  Yes.
[40:22.160 --> 40:22.800]  Absolutely.
[40:22.800 --> 40:25.200]  Even if you've been foreclosed, it doesn't make any difference.
[40:25.760 --> 40:26.480]  Right.
[40:26.480 --> 40:28.960]  It could be better because you get trouble damaging.
[40:29.680 --> 40:31.440]  We can get it any way we have.
[40:32.560 --> 40:33.040]  All right.
[40:33.040 --> 40:37.280]  Fraud in the inducement, fraud in the inception, we have fraud in everything.
[40:38.480 --> 40:38.800]  Okay.
[40:38.800 --> 40:39.200]  All right.
[40:39.200 --> 40:39.680]  Bye, buddy.
[40:39.680 --> 40:40.080]  Thank you.
[40:40.080 --> 40:41.040]  I'll let somebody else.
[40:41.040 --> 40:41.360]  Okay.
[40:41.360 --> 40:44.480]  Well, go on bargrivens.net and then fill me out a couple.
[40:44.480 --> 40:48.640]  We'll start getting them stacked in there and we'll start driving these guys crazy.
[40:48.640 --> 40:49.600]  Thank you, Carlos.
[40:49.600 --> 40:50.160]  Thank you, Renno.
[40:50.160 --> 40:51.120]  Thank you, everybody.
[40:51.120 --> 40:51.600]  Okay.
[40:51.600 --> 40:55.040]  We're going to go to Cindy in New York.
[40:56.400 --> 40:57.840]  Cindy, what do you have for us today?
[40:58.960 --> 40:59.600]  Hi, Randy.
[40:59.600 --> 41:00.240]  How are you?
[41:01.120 --> 41:02.080]  I am wonderful.
[41:02.080 --> 41:03.760]  I don't care what everybody says.
[41:05.360 --> 41:06.000]  That's good.
[41:06.880 --> 41:13.120]  I'm calling regarding my son filing a fault complete against my boyfriend.
[41:13.120 --> 41:16.720]  And Frank from New York, you talked to him last week, I believe.
[41:19.360 --> 41:23.360]  What happened was I went home to get a few things from my house
[41:23.920 --> 41:25.840]  and told him that I was leaving for a while.
[41:26.640 --> 41:28.800]  He didn't want me to leave with Frank.
[41:28.800 --> 41:30.160]  He doesn't want me to be with him.
[41:31.120 --> 41:34.480]  So Frank was at the driver's seat in the car.
[41:35.440 --> 41:40.160]  My son came out and Frank went and petted the dog and my son started yelling.
[41:40.160 --> 41:42.720]  And Frank closed the door, rolled up the windows.
[41:43.280 --> 41:44.000]  He came out.
[41:44.000 --> 41:49.200]  My son came out and started punching on the car and swearing and saying things and everything.
[41:49.760 --> 41:50.960]  And of course, I got in the car.
[41:50.960 --> 41:51.840]  I was all upset.
[41:52.800 --> 41:56.480]  And my son was trying to get in the door, trying to open the door.
[41:57.520 --> 42:00.720]  And I was just wanting to get out of there.
[42:00.720 --> 42:02.400]  I was really nervous and upset.
[42:02.400 --> 42:05.760]  So I was grabbing the shifter in the middle.
[42:05.760 --> 42:09.440]  And I was grabbing the shifter and Frank went to back up.
[42:09.440 --> 42:12.800]  And he went forward toward my son and he slammed the brake on.
[42:13.280 --> 42:19.600]  But my son went and filed a false complaint saying that, supposedly, it's a vehicle or assault,
[42:19.600 --> 42:21.360]  that Frank hit him with the car.
[42:22.080 --> 42:23.600]  He didn't hit him with the car.
[42:23.600 --> 42:24.880]  I was in the car.
[42:24.880 --> 42:28.000]  The problem being, and I left, I'm still not home.
[42:28.000 --> 42:29.120]  I left in January.
[42:29.120 --> 42:30.240]  We're down in Florida.
[42:31.200 --> 42:32.400]  I want to go home.
[42:32.400 --> 42:34.720]  Okay, wait, wait, wait.
[42:34.720 --> 42:36.080]  He has the warrant.
[42:36.080 --> 42:36.560]  Wait a minute.
[42:36.560 --> 42:42.720]  What I suggest you do is prepare an affidavit of fact.
[42:44.000 --> 42:44.320]  Okay.
[42:45.920 --> 42:47.520]  Affirm it before a notary.
[42:48.720 --> 42:50.560]  Signing in law means affirm.
[42:51.440 --> 42:54.480]  Notary in law is verification.
[42:56.240 --> 42:58.160]  Prepare an affidavit of fact.
[42:59.440 --> 43:00.800]  Take it to a notary.
[43:00.800 --> 43:06.080]  Affirm it before a notary and send it to the prosecutor.
[43:07.280 --> 43:12.320]  And file it in the court record by mail.
[43:12.320 --> 43:16.880]  Have your boyfriend do that because he is the defendant.
[43:18.080 --> 43:18.400]  Okay.
[43:18.400 --> 43:20.800]  And file a motion to dismiss for lack of evidence.
[43:22.400 --> 43:22.800]  Okay.
[43:23.360 --> 43:25.280]  And we can do that before we go home?
[43:25.280 --> 43:25.520]  Yes.
[43:26.560 --> 43:27.200]  Oh, okay.
[43:27.200 --> 43:31.680]  And I would suggest that you seek an attorney locally
[43:33.200 --> 43:36.720]  because he'll probably go down and say, guys, you got squad.
[43:36.720 --> 43:38.960]  It's a family argument.
[43:38.960 --> 43:41.600]  You shouldn't have got in the middle of it to start with.
[43:42.640 --> 43:43.040]  Right.
[43:43.040 --> 43:45.200]  And the prosecutor's most likely to say,
[43:45.200 --> 43:46.800]  out of here with this crap all over.
[43:47.680 --> 43:48.640]  Okay, hang on.
[43:48.640 --> 43:50.160]  This is, we're about to go to break.
[43:50.800 --> 43:52.560]  We'll pick this up on the other side.
[43:52.560 --> 43:54.480]  Randy Kelton, Deborah Stevens, Eddie Craig,
[43:54.480 --> 44:01.040]  Wheel of Law Radio, we'll be right back.
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[46:18.560 --> 46:34.080]  Okay, this is Randy Kelton,
[46:34.080 --> 46:36.640]  Debra Stevens, Eddie Craig, Rue La Radio.
[46:36.640 --> 46:38.880]  We're talking to Cindy in New York.
[46:39.760 --> 46:43.440]  And Cindy, this is a kind of a special issue.
[46:43.440 --> 46:45.440]  I have one question quickly.
[46:45.440 --> 46:48.080]  How old is your son?
[46:48.080 --> 46:49.280]  21.
[46:49.280 --> 46:57.600]  Okay, I can certify that at 21, he is certifiably crazy.
[46:59.440 --> 47:00.160]  It's puberty.
[47:00.160 --> 47:01.440]  He's certifiably what?
[47:01.440 --> 47:01.840]  Crazy.
[47:02.720 --> 47:03.360]  Yeah.
[47:03.360 --> 47:05.120]  Puberty causes brain damage.
[47:06.080 --> 47:07.360]  The problem is-
[47:07.360 --> 47:10.880]  And it takes to mid-twenties before they get over it.
[47:10.880 --> 47:11.520]  Right.
[47:11.520 --> 47:14.240]  He's at a point in his life, you know,
[47:14.240 --> 47:19.920]  I remember being that age and it was really, really hard.
[47:21.040 --> 47:21.840]  Yeah.
[47:21.840 --> 47:24.640]  But we spent a lot of time by ourselves together
[47:24.640 --> 47:25.920]  because I'm a single parent.
[47:26.800 --> 47:28.800]  So he tries to be overprotective of me.
[47:30.240 --> 47:33.280]  The thing is, you know, I'm a witness.
[47:33.280 --> 47:35.360]  I was in the car, you know.
[47:35.360 --> 47:39.440]  Do you really want to be a witness against your son?
[47:40.640 --> 47:41.920]  Not really.
[47:41.920 --> 47:45.040]  Okay, there's a lot of things I could suggest you do
[47:45.760 --> 47:49.520]  to really wind his clock, but-
[47:49.520 --> 47:50.320]  That would be good.
[47:51.040 --> 47:54.320]  This is a family issue and you don't want to do anything
[47:54.320 --> 47:56.240]  that will damage the rest of his life.
[47:57.200 --> 47:58.320]  Right, exactly.
[47:58.320 --> 48:00.720]  You're the grownups, you know.
[48:00.720 --> 48:03.920]  I'm a parent and my kids have beat the crapola out of me.
[48:04.800 --> 48:07.360]  Well, I have five children and 10 grandchildren already,
[48:07.360 --> 48:08.640]  so I've been through the mill.
[48:08.640 --> 48:12.720]  And you understand this is what is really most important here
[48:12.720 --> 48:15.520]  and, you know, we're all about remedy,
[48:15.520 --> 48:20.160]  but in this case, I'm also a parent and a grandparent.
[48:21.200 --> 48:21.840]  Right.
[48:21.840 --> 48:23.360]  And that's the main reason why I left
[48:23.360 --> 48:24.800]  because I didn't want him to get in trouble.
[48:24.800 --> 48:26.400]  I figured I'd give him time to cool off
[48:26.400 --> 48:28.480]  because I knew he would be getting in trouble
[48:28.480 --> 48:30.080]  because Frank didn't do anything wrong.
[48:30.880 --> 48:33.040]  And then he turned around and filed false charges.
[48:33.040 --> 48:34.560]  So it's just making things worse.
[48:35.200 --> 48:36.880]  In the meantime, I'm not home.
[48:36.880 --> 48:38.000]  He hasn't paid the bills.
[48:38.000 --> 48:39.600]  I may be evicted by the time I get back.
[48:39.600 --> 48:42.800]  I left my job and everything to try to protect him.
[48:42.800 --> 48:44.800]  And then it just made it worse.
[48:44.800 --> 48:46.720]  Well, so the real question is here.
[48:48.160 --> 48:52.720]  What can you do and what can you and your boyfriend do
[48:54.320 --> 48:58.560]  that will benefit your son the most?
[48:59.360 --> 49:01.760]  Now, that doesn't mean it has to be something he likes.
[49:02.640 --> 49:02.960]  Right.
[49:02.960 --> 49:07.760]  But benefit him with not doing him major damage.
[49:08.560 --> 49:15.280]  It's clear that this will never get past a jury, any jury anywhere.
[49:16.640 --> 49:19.840]  And we understand that the prosecutor doesn't care.
[49:20.480 --> 49:22.640]  He figures he'll get a deal no matter what.
[49:23.840 --> 49:24.480]  Right.
[49:24.480 --> 49:27.120]  Except that this is a family law case.
[49:28.480 --> 49:31.760]  And he's going to be well aware of family cases
[49:31.760 --> 49:37.600]  that families get, seem to get more angry at one another than strangers do.
[49:38.720 --> 49:39.280]  Right.
[49:39.280 --> 49:41.600]  But they also get over their anger rather quickly.
[49:42.640 --> 49:43.120]  Right.
[49:43.120 --> 49:44.640]  But I want to teach him a lesson too.
[49:44.640 --> 49:48.240]  If he's going to do this to his mother, what might he do to somebody else?
[49:49.680 --> 49:53.840]  And he's friends with all the police officers in the town.
[49:53.840 --> 49:57.600]  That also concerns me because he's a lieutenant in the fire department.
[49:58.160 --> 50:00.400]  I thought he had a better head on his shoulders than this.
[50:00.400 --> 50:05.120]  He's a lieutenant in the fire department and he's friends with all the police officers.
[50:05.120 --> 50:06.640]  Oh, that is good news.
[50:06.640 --> 50:15.600]  Okay, then what I suggest you do is in good faith, go to the captain of the fire department
[50:15.600 --> 50:19.680]  and say, look, he's having an emotional crisis.
[50:22.320 --> 50:28.320]  If he's a fireman and his mother tells his captain that he's having an emotional crisis,
[50:28.320 --> 50:33.280]  they're going to get his attention.
[50:35.360 --> 50:40.480]  Well, I hope so because the captain of the fire department, the chief,
[50:40.480 --> 50:42.240]  happens to be a police officer also.
[50:42.960 --> 50:45.840]  And 99% of police officers are corrupt.
[50:45.840 --> 50:46.240]  Okay.
[50:46.240 --> 50:53.360]  Well, except here, the thing that police officers fear more than any other,
[50:54.080 --> 50:56.960]  the calls they fear the most are family calls.
[50:56.960 --> 50:58.560]  Right.
[50:58.560 --> 51:00.160]  He does seem to be a nice guy.
[51:00.160 --> 51:04.320]  He does have little children also, and he does know me also.
[51:04.320 --> 51:05.600]  Well, call him and talk to him.
[51:07.600 --> 51:13.120]  You should be concerned that your son having this crisis
[51:13.760 --> 51:18.400]  could do something that could ruin his career, end it for the rest of his life.
[51:19.200 --> 51:20.640]  Yes, I'm concerned about that.
[51:20.640 --> 51:21.520]  I really am.
[51:21.520 --> 51:22.400]  Go to his captain.
[51:23.600 --> 51:24.240]  Okay.
[51:24.240 --> 51:29.200]  Talk to his captain, ask his captain, do something, make this go away.
[51:30.080 --> 51:31.840]  Do something to get him calmed down.
[51:33.120 --> 51:38.560]  You don't want to do anything that will cause him to lose his career,
[51:39.520 --> 51:43.440]  but you're not going to let an innocent man go to prison because he filed a false report.
[51:44.080 --> 51:45.120]  No, definitely not.
[51:46.320 --> 51:50.800]  If this guy's a police officer, he knows how family issues come apart.
[51:50.800 --> 51:52.480]  Right.
[51:52.480 --> 51:57.520]  Mother and son make up, and all of this stuff just goes away
[51:57.520 --> 52:00.240]  and leaves everybody who's trying to prosecute hanging.
[52:01.200 --> 52:03.200]  Right, and he is having a problem right now.
[52:03.200 --> 52:08.000]  He's drinking and he's putting pictures on the internet of having parties at my house
[52:08.000 --> 52:12.560]  with all these booze and alcohol, and this just isn't him,
[52:12.560 --> 52:15.280]  so he definitely is going through a crisis of some kind.
[52:15.280 --> 52:16.800]  Right, something else is going on.
[52:18.160 --> 52:19.200]  Talk to his captain.
[52:19.200 --> 52:23.280]  Okay, and now the other question I had was,
[52:23.280 --> 52:26.160]  do you think that Frank should get a bond before we go home?
[52:27.120 --> 52:28.960]  Yes, if he can.
[52:29.920 --> 52:33.040]  Contact the prosecutor, call him on the phone.
[52:33.040 --> 52:37.200]  Contact the prosecutor, and who would I, when we do the affidavit,
[52:37.200 --> 52:38.400]  you said affidavit, right?
[52:38.400 --> 52:41.600]  Yeah, prepare an affidavit of that.
[52:41.600 --> 52:50.080]  You file it as a motion to quash the complaint.
[52:50.080 --> 52:51.920]  And who do I have to mail that to?
[52:51.920 --> 52:55.440]  You mail that to the clerk of whatever court the complaint is filed in.
[52:56.240 --> 52:56.560]  Okay.
[52:57.360 --> 53:02.560]  You file the affidavit as evidence in support of your motion to quash.
[53:03.840 --> 53:07.600]  All right, now you said that Frank has to file that, not myself, right?
[53:07.600 --> 53:08.640]  Frank has to file it.
[53:08.640 --> 53:14.160]  You can prepare the affidavit, and if you prepare it as the mother of the complainant,
[53:17.280 --> 53:22.160]  that's getting close to getting your son in trouble.
[53:23.360 --> 53:23.680]  Right.
[53:24.320 --> 53:30.080]  But it may be necessary if he knows, if he knows the police, you know,
[53:30.080 --> 53:35.840]  this is one of those, essentially he's an insider and he's a young kid and
[53:35.840 --> 53:40.240]  us older guys understand that young kids act ignorant sometimes,
[53:40.240 --> 53:46.880]  they have crises at different times, they have learning experiences,
[53:46.880 --> 53:51.680]  and most likely they will treat this as a learning experience for a young.
[53:52.880 --> 53:58.080]  To turn him into a good fireman, a good emotionally stable fireman.
[53:58.080 --> 54:03.520]  You can probably enlist these people in your, in his aid.
[54:03.520 --> 54:06.160]  Yes, and overall he is a really, really good kid.
[54:06.160 --> 54:13.920]  This just isn't like him to do this, you know, and the good thing is I did have a business
[54:13.920 --> 54:17.920]  in Rosendale for six years, so I do know a lot of people also.
[54:18.560 --> 54:25.680]  Okay, well, treat your son as if he's having a crisis, and, you know, I raised a couple
[54:25.680 --> 54:30.960]  of children and when we had, my brother called me once and he was complaining about the problems
[54:30.960 --> 54:34.160]  he had with his kids and he said, you know, Randall, I never heard you talk about the
[54:34.160 --> 54:38.480]  problems you had with your kids, didn't they ever do anything wrong?
[54:38.480 --> 54:43.680]  I said, sure they did, but they weren't problems, those were opportunities.
[54:44.480 --> 54:44.960]  Right.
[54:44.960 --> 54:52.320]  I get opportunities to teach them, your son's 21, so the problems appear a lot worse,
[54:52.320 --> 54:54.400]  but the opportunities that much greater.
[54:54.400 --> 54:58.160]  Right, that's a good way to look at it, Randy.
[54:58.160 --> 55:04.400]  If you can get the prosecutor to go to him and say, look, I thought this affidavit is
[55:04.400 --> 55:10.240]  from your mother, that she's saying that you lied to me, you know what we're going to do
[55:10.240 --> 55:14.480]  to you for lying to us, your career will be over, you'll wind up in jail, blah, blah,
[55:14.480 --> 55:16.640]  blah, and just wind his clock.
[55:17.840 --> 55:20.240]  Well, first of all, if that was true, I would have never left.
[55:20.240 --> 55:23.920]  My son's going to get run over by a car or hit by a car and I'm just going to leave,
[55:23.920 --> 55:25.520]  you know, my mother just wouldn't do that.
[55:25.520 --> 55:30.720]  Okay, they get your affidavit, they'll recognize that something's going on with him.
[55:30.720 --> 55:33.680]  I suspect your captain already knows something's going on.
[55:34.880 --> 55:35.680]  Yeah.
[55:35.680 --> 55:40.720]  So you'll just confirm it and these guys are pretty good at handling this sort of thing.
[55:41.760 --> 55:42.880]  Give them an opportunity.
[55:43.840 --> 55:51.120]  We pick on the police a lot, but in certain circumstances, you can trust them to do things,
[55:51.120 --> 55:54.160]  especially when it's one of their own, do the right thing.
[55:54.160 --> 55:56.240]  And in this case, that's exactly what I would do.
[55:58.000 --> 56:01.920]  Send in, you have to protect your boyfriend first from the false complaint.
[56:01.920 --> 56:09.360]  But if you do that right, then, and talk to the captain and ask him, is there something you can do
[56:10.080 --> 56:14.640]  to help him get through this crisis and not screw up his whole life?
[56:15.760 --> 56:19.040]  You'll set things into motion that should take care of this.
[56:21.040 --> 56:22.720]  Okay, we really need to move along.
[56:22.720 --> 56:24.800]  The calls are building up.
[56:27.280 --> 56:28.480]  Oh, I think we lost her.
[56:29.120 --> 56:32.160]  Okay, well, anyway, okay.
[56:32.160 --> 56:39.120]  Now we're going to go to Dominic from Texas and I know he's going to chomp the stumps.
[56:41.360 --> 56:43.520]  You got a hard question for us, Dominic?
[56:43.520 --> 56:44.560]  Oh, I have a question.
[56:44.560 --> 56:46.240]  How are you all doing this evening?
[56:46.240 --> 56:47.280]  Doing pretty good.
[56:47.280 --> 56:47.760]  That's good.
[56:47.760 --> 56:49.360]  Well, that's not the only question.
[56:49.360 --> 56:56.160]  That's one of the questions, but my question is really concerning patriotic arguments,
[56:56.160 --> 56:56.800]  as they're called.
[56:58.080 --> 56:59.920]  Let me give a scenario real quick.
[56:59.920 --> 57:04.400]  Let's say that I go to court and I use one of these patriotic arguments.
[57:04.400 --> 57:05.760]  The judge doesn't want to hear it.
[57:06.400 --> 57:08.400]  He just rules, okay, yeah, case dismissed.
[57:09.040 --> 57:10.240]  Then I tell you about it.
[57:10.240 --> 57:12.320]  Hey, Randy, you know, this is what I did.
[57:12.320 --> 57:13.760]  You're in the same situation.
[57:13.760 --> 57:14.640]  Use this.
[57:14.640 --> 57:15.760]  You go to court.
[57:15.760 --> 57:17.040]  He doesn't want to hear it.
[57:17.040 --> 57:17.840]  Case dismissed.
[57:17.840 --> 57:19.440]  Same thing with Eddie.
[57:19.440 --> 57:22.640]  Then Debra goes and he's like, no, no, you know what?
[57:22.640 --> 57:23.200]  Guilty.
[57:23.920 --> 57:31.280]  Can she not say for sake of consistency, he has to rule like he did with us, or why is she?
[57:31.280 --> 57:31.760]  Oh, okay.
[57:31.760 --> 57:38.240]  You're going to try to apply collateral estoppel to the court.
[57:39.760 --> 57:43.440]  Well, just showing that, you know, like I said, just, yeah, consistency,
[57:43.440 --> 57:46.560]  because that's what we look for when we look for case law, right?
[57:46.560 --> 57:47.920]  Yes.
[57:47.920 --> 57:54.480]  And even though it's something that, and what you can say in the real world, it shouldn't work,
[57:54.480 --> 58:00.080]  but because they didn't want to be bothered with it, didn't they paint themselves in a proverbial corner?
[58:00.080 --> 58:00.880]  Exactly.
[58:00.880 --> 58:05.200]  Dominic, it's going to depend on the circumstances of each case.
[58:05.200 --> 58:05.840]  Yes.
[58:05.840 --> 58:12.080]  When we come back, we'll talk about a bill of particulars as opposed to findings of facts
[58:12.080 --> 58:20.000]  and conclusions at law, and how they go to the two duties of the judge, which we talked about earlier,
[58:20.000 --> 58:24.800]  to develop the facts in accordance with the rules of evidence and apply the law
[58:24.800 --> 58:27.040]  if it comes to him to the facts of the case.
[58:27.040 --> 58:33.280]  If the facts are the same and he applies the law differently, he's got a problem.
[58:33.280 --> 58:38.560]  Okay, this is Randy Kelton, Debra Stevens, Eddie Craig, Wheel of Law Radio,
[58:38.560 --> 58:45.920]  in our four-hour info marathon, we're at the top of the hour break, we've got one more hour left.
[58:45.920 --> 58:51.520]  Call us in and see if you can stomp the chumps or chomp the stumps.
[58:51.520 --> 58:55.120]  We'll be right back.
[58:55.120 --> 59:04.000]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[59:04.000 --> 59:06.560]  because they struggle to understand it.
[59:06.560 --> 59:10.320]  Some new translations try to help by simplifying the text,
[59:10.320 --> 59:15.120]  but in the process can compromise the profound meaning of the Scripture.
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[59:21.760 --> 59:26.400]  but the real story is the more than 9,000 explanatory footnotes.
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[59:56.000 --> 59:59.040]  That's freestudybible.com.
[59:59.040 --> 01:00:03.040]  This news brief was brought to you by the International News Network.
[01:00:03.040 --> 01:00:06.240]  Masses of Egyptians returned to Tahrir Square Friday,
[01:00:06.240 --> 01:00:10.640]  one month after the start of the uprising that toppled President Hosni Mubarak,
[01:00:10.640 --> 01:00:16.080]  demanding the release of political prisoners and end to emergency rule and higher wages.
[01:00:16.080 --> 01:00:21.600]  Several former ministers and prominent business people have been arrested for corruption.
[01:00:21.600 --> 01:00:26.880]  Pakistani authorities have arrested Aaron Dehaven, a U.S. government security contractor,
[01:00:26.880 --> 01:00:29.680]  amid a worsening row between the two countries,
[01:00:29.680 --> 01:00:33.120]  with Pakistani intelligence calling on the U.S. to, quote,
[01:00:33.120 --> 01:00:37.680]  come clean about its network of spies in the country.
[01:00:37.680 --> 01:00:42.880]  Thousands demonstrated Friday in the Jordanian capital Amman in a day of anger,
[01:00:42.880 --> 01:00:44.880]  calling for political reforms.
[01:00:44.880 --> 01:00:47.680]  Leading trade unionist Meza Ramallah said,
[01:00:47.680 --> 01:00:51.680]  we are demonstrating against official bullying and to demand reforms.
[01:00:51.680 --> 01:00:57.680]  King Abdullah, a key U.S. ally, has failed to quiet calls for greater political freedom.
[01:00:57.680 --> 01:01:05.680]  Russia's SVR spy service says Raymond Davis, the U.S. government official accused of killing two Pakistanis,
[01:01:05.680 --> 01:01:11.680]  was found with CIA documents showing Davis was providing al-Qaeda with, quote,
[01:01:11.680 --> 01:01:15.680]  nuclear fissile material and, quote, biological agents.
[01:01:15.680 --> 01:01:21.680]  The Russian report says Davis' combat skills, along with documentation taken from him after his arrest,
[01:01:21.680 --> 01:01:29.680]  prove he is a member of the U.S.'s TF-373 Black Operations Unit operating in Afghanistan and Pakistan.
[01:01:29.680 --> 01:01:37.680]  Pakistan says the two men Davis killed were ISI agents following him after it was discovered he had contacted al-Qaeda.
[01:01:37.680 --> 01:01:46.680]  The SVR report stated top-secret CIA documents found in Davis' possession point to his and or TF-373
[01:01:46.680 --> 01:01:54.680]  providing al-Qaeda with nuclear fissile material and biological agents to be used against the United States
[01:01:54.680 --> 01:02:04.680]  to ignite an all-out war in order to reestablish the West's hegemony over a global economy that is just months away from collapse.
[01:02:04.680 --> 01:02:11.680]  The name Roger Ailes, chairman of Fox News, has appeared in court documents as the previously anonymous executive
[01:02:11.680 --> 01:02:19.680]  who tried to persuade a fellow News Corp executive to lie to federal investigators over a crucial Washington appointment.
[01:02:19.680 --> 01:02:27.680]  In a 2007 unfair dismissal claim against her former employers, Judith Regan asserted that a News Corp senior executive
[01:02:27.680 --> 01:02:33.680]  had tried to silence her while Bernard Kerik was being vetted for the position of head of Homeland Security.
[01:02:33.680 --> 01:02:38.680]  Regan was having an affair with Kerik and she alleged in her lawsuit the unnamed executive
[01:02:38.680 --> 01:02:44.680]  wanted her to keep quiet about it during the vetting procedure in order to protect former New York mayor Rudy Giuliani
[01:02:44.680 --> 01:02:50.680]  who had appointed Kerik as New York police commissioner and who was considering running for president.
[01:02:50.680 --> 01:03:15.680]  Court documents also included an audio tape of Ailes putting pressure on Regan.
[01:03:20.680 --> 01:03:31.680]  Yeah, a story for every mother here, about how we're not going to give in to fear.
[01:03:31.680 --> 01:03:36.680]  Yeah, a story.
[01:03:36.680 --> 01:04:03.680]  Okay, this is Randy Kelton, Debra Stevens, Jada Craig, Rule of Law Radio.
[01:04:03.680 --> 01:04:12.680]  We're talking to Dominic from Texas and we were talking about theoretically situations,
[01:04:12.680 --> 01:04:21.680]  four similar situations or relatively legally identical situations where issues are brought before the court
[01:04:21.680 --> 01:04:28.680]  and in three of those issues the court rules one way and in the fourth he rules a different way.
[01:04:28.680 --> 01:04:40.680]  It's real easy to explain this part. It is the duty of the judge to develop the facts in accordance with the rules of evidence
[01:04:40.680 --> 01:04:46.680]  and then apply the law as it comes to him to the facts in the case.
[01:04:46.680 --> 01:04:59.680]  If he hears four issues that are legally and essentially factually identical and rules differently on one than the other,
[01:04:59.680 --> 01:05:09.680]  than the other three, then either on the three or the one he has failed to apply the law to the facts
[01:05:09.680 --> 01:05:23.680]  and that is a ministerial duty on the part of the judge and Dominic's issue of consistency is absolutely right.
[01:05:23.680 --> 01:05:30.680]  Trial courts aren't so concerned about consistency as the appeals courts are.
[01:05:30.680 --> 01:05:39.680]  They are absolutely concerned about consistency because the rulings of the court define the law.
[01:05:39.680 --> 01:05:49.680]  If the rulings of the court are not consistent, then the law is not understandable and it's not predictable.
[01:05:49.680 --> 01:05:52.680]  Does that answer your question?
[01:05:52.680 --> 01:06:05.680]  Yes sir and that's exactly what I thought you were going to say because I hear a lot of times different people talk about patriotic arguments
[01:06:05.680 --> 01:06:09.680]  and they say don't use it just because it worked for him it doesn't mean it's going to work for you
[01:06:09.680 --> 01:06:16.680]  but being that the judges, I know this may be shocking to you all but judges and lawyers, they can be lazy.
[01:06:16.680 --> 01:06:17.680]  What?
[01:06:17.680 --> 01:06:18.680]  I know.
[01:06:18.680 --> 01:06:19.680]  That is scurrilous.
[01:06:19.680 --> 01:06:22.680]  I'm sorry, I'm sorry.
[01:06:22.680 --> 01:06:25.680]  So they don't always do what they're supposed to do.
[01:06:25.680 --> 01:06:33.680]  So the more they don't do, I mean that paints them in the corner like I said before and I just wanted to put that out there.
[01:06:33.680 --> 01:06:39.680]  Yes, we need to push them in that corner.
[01:06:39.680 --> 01:06:55.680]  Now when it comes to trial courts, when a judge makes a ruling, especially if there's no explanation, then you can file a document asking for findings of matters in fact in conclusion at law.
[01:06:55.680 --> 01:07:02.680]  Yes, in a civil action you would ask for findings of fact and that's what he does, he determines the facts.
[01:07:02.680 --> 01:07:05.680]  But in an appellate court you can't do that.
[01:07:05.680 --> 01:07:16.680]  Right, not an appellate, but in a criminal you would ask for a, I lost the word, bill of particulars.
[01:07:16.680 --> 01:07:25.680]  The bill of particulars is essentially the criminal permutation of findings of fact and conclusions at law.
[01:07:25.680 --> 01:07:33.680]  You say here are the facts in this criminal case and this is the law that applies to those facts.
[01:07:33.680 --> 01:07:45.680]  And you ask the judge to affirm these or discredit them or dispute them and show how he disputes them.
[01:07:45.680 --> 01:07:49.680]  So in the both they're essentially the same in a civil.
[01:07:49.680 --> 01:07:55.680]  You need that from the judge so that you know how to appeal his decision.
[01:07:55.680 --> 01:08:06.680]  If you don't have findings of fact and conclusions at law, then you don't know how he rules so you don't know what to appeal.
[01:08:06.680 --> 01:08:17.680]  And what I suggest that people do if you're pretty well familiar with the facts in your case, so keep a good list of the facts.
[01:08:17.680 --> 01:08:25.680]  And you have to work at separating legal conclusion from fact.
[01:08:25.680 --> 01:08:40.680]  And in the pleadings I'm working on I've tried to exercise a personal discipline in that every time I state a fact I put in plaintiff states as a fact that.
[01:08:40.680 --> 01:08:48.680]  And that reminds me to finish this sentence with things that are facts.
[01:08:48.680 --> 01:09:05.680]  And then if I want to express a legal conclusion, then I say plaintiff alleges and asserts that now I'm giving a legal conclusion, not a fact.
[01:09:05.680 --> 01:09:12.680]  It's very, very important that we separate the two and in the pro se realm.
[01:09:12.680 --> 01:09:28.680]  That seems to be the hardest thing for people who are not professionals in this area to do to separate the facts from what they think or believe about the facts.
[01:09:28.680 --> 01:09:35.680]  So we want to get that part down and in your case you know what the facts are.
[01:09:35.680 --> 01:09:40.680]  And basically you know the law that's been brought to bear.
[01:09:40.680 --> 01:09:53.680]  So if you are ruled against in a civil action, file for finding the facts and conclusions of that law and the best way to do that is write your own.
[01:09:53.680 --> 01:10:00.680]  You file a document with the court saying these are the facts that were developed in this hearing, in this case.
[01:10:00.680 --> 01:10:08.680]  And this is the law that applies to those facts and this is the conclusion you should come to based on these facts of this law.
[01:10:08.680 --> 01:10:17.680]  Accept my findings of fact and conclusions of law or please write me your own and show me where I am in error.
[01:10:17.680 --> 01:10:21.680]  And when you file that, that becomes a part of the court record.
[01:10:21.680 --> 01:10:27.680]  Most of the times the courts will not respond to a findings of fact and conclusions of law.
[01:10:27.680 --> 01:10:40.680]  What I am finding in the Fed is that the judges tend to respond with those and they are extremely helpful.
[01:10:40.680 --> 01:10:44.680]  And this is where the judges teach you.
[01:10:44.680 --> 01:10:57.680]  I'm ruling against you, this is why I'm ruling against you, this is what I need you to give me so that I can rule in your favor.
[01:10:57.680 --> 01:11:02.680]  They do that to both sides so it's even handed.
[01:11:02.680 --> 01:11:17.680]  But the best education I get is from the responses from judges that are against us because they tend to give us findings of fact and conclusions of law.
[01:11:17.680 --> 01:11:25.680]  On that motion or the email that you sent me, the one I replied back that I couldn't open,
[01:11:25.680 --> 01:11:40.680]  for some reason Net Zero, they made everything just gibberish but I just made my own and it just says that I moved the court to show the findings of fact and conclusions of law for the motion that was denied.
[01:11:40.680 --> 01:11:41.680]  Is that sufficient?
[01:11:41.680 --> 01:11:42.680]  That is sufficient.
[01:11:42.680 --> 01:11:43.680]  Excellent.
[01:11:43.680 --> 01:11:44.680]  Okay.
[01:11:44.680 --> 01:11:50.680]  It's better if you give them your own but that's sufficient.
[01:11:50.680 --> 01:12:08.680]  You should file a document in the court stating, even if you already filed that, go ahead and file another document in the court that states the facts that were developed and the law that was brought to bear on those facts.
[01:12:08.680 --> 01:12:10.680]  And get that in the court record.
[01:12:10.680 --> 01:12:12.680]  Ask the court to approve this.
[01:12:12.680 --> 01:12:16.680]  How long ago did you file this request for findings of fact?
[01:12:16.680 --> 01:12:24.680]  No, I haven't. I wanted to ask you about it, see if that was sufficient or did I need to change anything before?
[01:12:24.680 --> 01:12:32.680]  Do a little more work and say these are the facts that have been developed in the court that are not in contention.
[01:12:32.680 --> 01:12:33.680]  Okay.
[01:12:33.680 --> 01:12:37.680]  And this is the law that applies to those facts.
[01:12:37.680 --> 01:12:38.680]  Here's the statute.
[01:12:38.680 --> 01:12:40.680]  Here's the case law.
[01:12:40.680 --> 01:12:51.680]  This is how you should have ruled and ask the court to accept your findings of fact or prepare his own showing how you are in error.
[01:12:51.680 --> 01:12:53.680]  Okay.
[01:12:53.680 --> 01:13:02.680]  And that puts your findings of fact and conclusions in the court record making it available to the appellate court.
[01:13:02.680 --> 01:13:10.680]  Yeah, because I had already put that in with my dismissal, exactly what I was talking about in the points, but I'll put it again on the findings of fact.
[01:13:10.680 --> 01:13:12.680]  Good. Perfect.
[01:13:12.680 --> 01:13:22.680]  One other thing, about a year I've been working with a Michael Mears package and not very aggressively.
[01:13:22.680 --> 01:13:29.680]  And I have managed to bring my credit score from 500 to 700.
[01:13:29.680 --> 01:13:33.680]  So just wanted to let people know out there it really works.
[01:13:33.680 --> 01:13:37.680]  Yeah, Michael Mears is meaner than me.
[01:13:37.680 --> 01:13:40.680]  Yeah, and I will also say this too.
[01:13:40.680 --> 01:13:51.680]  He will give a certain degree of telephone consultation concerning your case when you buy his package.
[01:13:51.680 --> 01:13:55.680]  It's not like you just buy the package and you're on your own, pal.
[01:13:55.680 --> 01:13:58.680]  I mean, he will help you some.
[01:13:58.680 --> 01:14:05.680]  I mean, if the amount of help that you need gets beyond a certain point, he'll want to charge you for paralegal time,
[01:14:05.680 --> 01:14:13.680]  but he will provide a lot of telephone consultation to get you through.
[01:14:13.680 --> 01:14:15.680]  Mine hasn't even gotten to that.
[01:14:15.680 --> 01:14:17.680]  I send them the letter and they're gone.
[01:14:17.680 --> 01:14:21.680]  Well, see, there you go.
[01:14:21.680 --> 01:14:24.680]  Maybe he's getting around enough.
[01:14:24.680 --> 01:14:25.680]  Is Eddie still there?
[01:14:25.680 --> 01:14:26.680]  He's still quiet.
[01:14:26.680 --> 01:14:32.680]  Well, Eddie was trying to sound unusually intelligent and articulate tonight.
[01:14:32.680 --> 01:14:36.680]  I am in the contemplative mode.
[01:14:36.680 --> 01:14:38.680]  We're still on for tomorrow, right, Eddie?
[01:14:38.680 --> 01:14:40.680]  Oh, yes.
[01:14:40.680 --> 01:14:41.680]  Okay.
[01:14:41.680 --> 01:14:42.680]  I'll be there.
[01:14:42.680 --> 01:14:47.680]  I'm not going to be like other people and say that they'll show up and then they don't come.
[01:14:47.680 --> 01:14:52.680]  But I can't say names because my mom said I can't talk about the elderly.
[01:14:52.680 --> 01:14:57.680]  Who, me?
[01:14:57.680 --> 01:14:58.680]  All right.
[01:14:58.680 --> 01:14:59.680]  Well, we'll be looking for you.
[01:14:59.680 --> 01:15:02.680]  My problem is I keep getting people call me.
[01:15:02.680 --> 01:15:06.680]  My phone seems to never stop.
[01:15:06.680 --> 01:15:12.680]  I am getting, I finally got the judicial conduct complaint site up.
[01:15:12.680 --> 01:15:14.680]  I mean, the bar grievance site up.
[01:15:14.680 --> 01:15:23.680]  I mean, I was trying today to get an initial judicial conduct, but too many calls, I just couldn't get it done.
[01:15:23.680 --> 01:15:25.680]  But I'll be working on that in the morning.
[01:15:25.680 --> 01:15:27.680]  Okay, well, I'm sorry.
[01:15:27.680 --> 01:15:32.680]  We are going to start kicking their behinds.
[01:15:32.680 --> 01:15:35.680]  We're getting to the good part.
[01:15:35.680 --> 01:15:40.680]  Things just seem to be coming into place.
[01:15:40.680 --> 01:15:44.680]  It's odd that it's pushing toward 2012 with all the predictions.
[01:15:44.680 --> 01:15:49.680]  But all of the things I've been working on for years are beginning to come to place.
[01:15:49.680 --> 01:15:54.680]  And Deborah will attest that I've been years trying to get this together.
[01:15:54.680 --> 01:16:02.680]  And it's been a real struggle, a tremendous amount of work, but all the pieces are beginning to fit into place.
[01:16:02.680 --> 01:16:06.680]  We're going to kick their behinds.
[01:16:06.680 --> 01:16:07.680]  All right.
[01:16:07.680 --> 01:16:08.680]  Well, that's all I had.
[01:16:08.680 --> 01:16:09.680]  I'll let somebody else get on the line.
[01:16:09.680 --> 01:16:10.680]  We all have a great evening.
[01:16:10.680 --> 01:16:11.680]  Thank you, Dominic.
[01:16:11.680 --> 01:16:12.680]  Thank you.
[01:16:12.680 --> 01:16:12.680]  All right.
[01:16:12.680 --> 01:16:13.680]  Thanks, Dominic.
[01:16:13.680 --> 01:16:18.680]  Okay, now we're going to go to Tom in Virginia.
[01:16:18.680 --> 01:16:20.680]  Tom, what's on your mind tonight?
[01:16:20.680 --> 01:16:28.680]  It's a funny thing that the last caller said kick their behind because I'm listening tonight and I'm sort of like,
[01:16:28.680 --> 01:16:32.680]  I feel like I'm swooping in the deep end of the pool with the way everybody is.
[01:16:32.680 --> 01:16:36.680]  But I have a war story on a traffic ticket.
[01:16:36.680 --> 01:16:39.680]  Okay, okay, we're going to go to break.
[01:16:39.680 --> 01:16:42.680]  We will pick you up on the other side.
[01:16:42.680 --> 01:16:46.680]  And we hope you don't get bombed out in the interim.
[01:16:46.680 --> 01:16:51.680]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[01:16:51.680 --> 01:17:00.680]  We'll be right back.
[01:17:00.680 --> 01:17:07.680]  Central Coin and Bullion is your local source for rare coins, precious metals, and coin supplies in the Austin metro area.
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[01:17:38.680 --> 01:17:44.680]  You're welcome to stop in during regular business hours or call 512-646-6440.
[01:17:44.680 --> 01:17:49.680]  Ask for Chad or Becky and say that you heard about us on Rule of Law Radio or Texas Liberty Radio.
[01:17:49.680 --> 01:17:55.680]  That's Capital Coin and Bullion at our new location at 7304 Burnett Road Suite A.
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[01:19:17.680 --> 01:19:32.680]  If I can't get everything I want, maybe I'll get a range, yeah.
[01:19:32.680 --> 01:19:47.680]  If I can't get everything I need, maybe I'll get a range, yeah.
[01:19:47.680 --> 01:19:55.680]  If the people of the world can get happiness and peace, maybe I'll get a range, yeah.
[01:19:55.680 --> 01:20:04.680]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio, and we were talking to Tom in Virginia.
[01:20:04.680 --> 01:20:11.680]  And you have been in the traffic ticket conflict.
[01:20:11.680 --> 01:20:16.680]  Well, actually this is more just a war story of a success.
[01:20:16.680 --> 01:20:21.680]  And I suppose how I had gone about it might be beneficial to somebody else.
[01:20:21.680 --> 01:20:26.680]  I'd gotten a speeding ticket going out of the state and came back about a week later,
[01:20:26.680 --> 01:20:33.680]  went down to the courthouse, got my first continuance based on the fact that I wasn't ready for the defense,
[01:20:33.680 --> 01:20:42.680]  and did a little research on it and got the ticket, looked at the citation, and looked at exactly what the ticket was.
[01:20:42.680 --> 01:20:49.680]  And they had basically taken the little section of town and moved the speed limit down to like 25
[01:20:49.680 --> 01:20:54.680]  and then put another $200 fine on top of that if you're speeding that area.
[01:20:54.680 --> 01:20:57.680]  I didn't think I was speeding, but that didn't really matter.
[01:20:57.680 --> 01:21:00.680]  I made it down to the courthouse.
[01:21:00.680 --> 01:21:06.680]  I subpoenaed the 9-1-1 tapes, and I did a motion to compel for the sheriff that could give me the ticket
[01:21:06.680 --> 01:21:09.680]  because I wanted to get some information from him.
[01:21:09.680 --> 01:21:14.680]  And the judge actually said when I went to the hearing for the motion,
[01:21:14.680 --> 01:21:19.680]  he said, I'm not really sure I can compel the sheriff, but I did a motion for discovery.
[01:21:19.680 --> 01:21:20.680]  I meant litigation.
[01:21:20.680 --> 01:21:25.680]  I thought I should be able to ask Alicia his questions, and he said, well, have you tried to speak to him?
[01:21:25.680 --> 01:21:26.680]  I said, well, no.
[01:21:26.680 --> 01:21:28.680]  I thought I actually had to put in a motion to compel.
[01:21:28.680 --> 01:21:30.680]  He says, well, call him up.
[01:21:30.680 --> 01:21:32.680]  I did, and that really went nowhere.
[01:21:32.680 --> 01:21:33.680]  So I said, okay, fine.
[01:21:33.680 --> 01:21:35.680]  We'll show up in court.
[01:21:35.680 --> 01:21:40.680]  I watched about, I don't know, 50 or 75 people get run through the mill.
[01:21:40.680 --> 01:21:45.680]  I watched three attorneys throw their clients to the mercy of the court and say,
[01:21:45.680 --> 01:21:47.680]  oh, please, let them go to school or something.
[01:21:47.680 --> 01:21:49.680]  So then it was my turn.
[01:21:49.680 --> 01:21:51.680]  They left me to last.
[01:21:51.680 --> 01:21:57.680]  So I did the normal little, you know, he said, she said, and that was not going to go anywhere.
[01:21:57.680 --> 01:22:00.680]  So the judge then said, is that all you have?
[01:22:00.680 --> 01:22:02.680]  I said, well, as a matter of fact, no.
[01:22:02.680 --> 01:22:06.680]  I said, how did you calibrate your speed gun?
[01:22:06.680 --> 01:22:10.680]  He goes, oh, and he gave me the standard little picture on how he calibrated it.
[01:22:10.680 --> 01:22:15.680]  I said, well, did you calibrate the machine that calibrates your gun?
[01:22:15.680 --> 01:22:18.680]  He goes, no, I didn't.
[01:22:18.680 --> 01:22:21.680]  I says, well, it was done by an outside layer, right?
[01:22:21.680 --> 01:22:22.680]  And he said, yeah.
[01:22:22.680 --> 01:22:26.680]  I said, well, you had that calibration certificate, right?
[01:22:26.680 --> 01:22:28.680]  And it goes, no.
[01:22:28.680 --> 01:22:33.680]  So then the judge says, he looks at the chair and says, you don't have anything?
[01:22:33.680 --> 01:22:37.680]  I didn't want to complain at that point because I don't want to see this judge again.
[01:22:37.680 --> 01:22:43.680]  So he started rifling through all the other files looking for a calibration certificate
[01:22:43.680 --> 01:22:47.680]  because I knew at that point he had to have the calibration certificate valid
[01:22:47.680 --> 01:22:49.680]  for the last six months.
[01:22:49.680 --> 01:22:57.680]  While then rifling through, first off he said, well, they have it down at the traffic station.
[01:22:57.680 --> 01:23:01.680]  I said, excuse me, dear state, that's not in evidence.
[01:23:01.680 --> 01:23:06.680]  So while they're still rifling through looking for a calibration certificate,
[01:23:06.680 --> 01:23:11.680]  I said, well, I suppose you have the engineering survey that you have to have current
[01:23:11.680 --> 01:23:16.680]  for the last five years that allows you to lower the speed limit from 55 to 25.
[01:23:16.680 --> 01:23:19.680]  At this point in time the judge sort of figured out what was going on.
[01:23:19.680 --> 01:23:21.680]  He turned to me and said, do you have authority on that?
[01:23:21.680 --> 01:23:22.680]  I said, well, no, you don't.
[01:23:22.680 --> 01:23:28.680]  I wasn't prepared to proceed today, but if we go to trial I will have authority on the citation
[01:23:28.680 --> 01:23:29.680]  that I'm stating.
[01:23:29.680 --> 01:23:31.680]  But it really is not up to me.
[01:23:31.680 --> 01:23:34.680]  I'm just pointing out the defects in the prosecutor's case.
[01:23:34.680 --> 01:23:40.680]  So they finally find a certificate and I see the judge is whipping off his fingers.
[01:23:40.680 --> 01:23:43.680]  He got up to number eight and I go, well, that's that.
[01:23:43.680 --> 01:23:45.680]  You know, I won there.
[01:23:45.680 --> 01:23:50.680]  And we weren't even going to address the five-year engineering survey.
[01:23:50.680 --> 01:23:54.680]  So he then turns to me and says, do you have anything else?
[01:23:54.680 --> 01:23:59.680]  I says, well, actually I believe the prosecution has not made their case.
[01:23:59.680 --> 01:24:01.680]  I left it alone.
[01:24:01.680 --> 01:24:05.680]  At that point in time if you've done anything other than found them my favor,
[01:24:05.680 --> 01:24:09.680]  I simply pointed out the defects in the prosecution's case.
[01:24:09.680 --> 01:24:12.680]  And they did not bring the Commonwealth Attorney.
[01:24:12.680 --> 01:24:14.680]  They just had the poor sheriff there.
[01:24:14.680 --> 01:24:16.680]  So that's basically it.
[01:24:16.680 --> 01:24:19.680]  And it was a matter of looking up exactly what was there.
[01:24:19.680 --> 01:24:21.680]  I went to the Code of Virginia.
[01:24:21.680 --> 01:24:26.680]  I looked up exactly what the criteria was for a prosecution and then held them to it.
[01:24:26.680 --> 01:24:27.680]  Wait a minute.
[01:24:27.680 --> 01:24:29.680]  You said they only had the sheriff there?
[01:24:29.680 --> 01:24:31.680]  They didn't have the Commonwealth Attorney?
[01:24:31.680 --> 01:24:32.680]  No.
[01:24:32.680 --> 01:24:39.680]  He was there in the beginning for about two or three cases that were actually higher-level stuff.
[01:24:39.680 --> 01:24:44.680]  But everything else after that was the judge, a variety of sheriffs,
[01:24:44.680 --> 01:24:46.680]  which were the ones writing the citations.
[01:24:46.680 --> 01:24:49.680]  They were the traffic cops handing out the tickets.
[01:24:49.680 --> 01:24:55.680]  So there was maybe on the county level, I was in district, the lower court in Virginia,
[01:24:55.680 --> 01:25:00.680]  and there was about four county sheriffs and then about 20 troopers.
[01:25:00.680 --> 01:25:02.680]  Wait a minute.
[01:25:02.680 --> 01:25:06.680]  Is the county incorporated?
[01:25:06.680 --> 01:25:08.680]  I don't know.
[01:25:08.680 --> 01:25:09.680]  Okay.
[01:25:09.680 --> 01:25:12.680]  Normally I don't like this incorporation argument.
[01:25:12.680 --> 01:25:19.680]  However, I was sitting in a Justice of the Peace court, and there is the Justice of the Peace
[01:25:19.680 --> 01:25:25.680]  sitting up on the bench, an Austin police officer sitting on the one side,
[01:25:25.680 --> 01:25:30.680]  and a citizen sitting on the other.
[01:25:30.680 --> 01:25:39.680]  And I'm looking at this and saying, where is the attorney representing the corporation?
[01:25:39.680 --> 01:25:47.680]  In court, a corporation must, by statute, be represented by an attorney.
[01:25:47.680 --> 01:25:48.680]  Yes, I know.
[01:25:48.680 --> 01:25:52.680]  I'm a proxy litigant, and I operate outside of that court.
[01:25:52.680 --> 01:25:54.680]  Yeah, you don't have to worry about that.
[01:25:54.680 --> 01:26:00.680]  But that police officer is sitting there representing the corporation,
[01:26:00.680 --> 01:26:05.680]  and he's not licensed, he's not learning counsel.
[01:26:05.680 --> 01:26:06.680]  You're right.
[01:26:06.680 --> 01:26:11.680]  That's baritre, or that's illegal practice of law.
[01:26:11.680 --> 01:26:18.680]  I'm sure there would be a UPL opinion on that, but there are no UPL statutes.
[01:26:18.680 --> 01:26:24.680]  There are only UPL opinions, but they threaten you with them all the time.
[01:26:24.680 --> 01:26:33.680]  No, it's very clear, and it's going to be clear in all state law that nobody in any state who's,
[01:26:33.680 --> 01:26:37.680]  you know, we have a client here with remedies in real estate,
[01:26:37.680 --> 01:26:42.680]  and we were talking to her and found out for the first time she's already filed a suit,
[01:26:42.680 --> 01:26:48.680]  and we find out that these properties she owns are in a corporation.
[01:26:48.680 --> 01:26:55.680]  We're saying, whoa, you filed a pro se suit, and it's owned by a corporation?
[01:26:55.680 --> 01:27:02.680]  You absolutely cannot go into court if you're a corporation without an attorney, period.
[01:27:02.680 --> 01:27:03.680]  Right, right.
[01:27:03.680 --> 01:27:07.680]  You can do certain things, but you cannot stand in front of the judge.
[01:27:07.680 --> 01:27:13.680]  Yeah, that police officer cannot be there unless he's there only as a witness,
[01:27:13.680 --> 01:27:19.680]  and the state, the county has to be represented by an attorney.
[01:27:19.680 --> 01:27:23.680]  The county is incorporated. It's a corporation.
[01:27:23.680 --> 01:27:28.680]  Well, I was referring, I know I'm going to see this judge again, so I don't like to cross him,
[01:27:28.680 --> 01:27:35.680]  but I did refer to the fact that I don't believe the prosecution has stated, has made their case.
[01:27:35.680 --> 01:27:40.680]  They have not brought sufficient evidence to convict me, but you're right.
[01:27:40.680 --> 01:27:42.680]  There was, and that was the way it normally was.
[01:27:42.680 --> 01:27:49.680]  The attorney was there, the Commonwealth attorney was there for three or four cases in the very beginning,
[01:27:49.680 --> 01:27:54.680]  and then he was gone, and then the deputies, there was about three or four of them,
[01:27:54.680 --> 01:27:59.680]  they ran through about 50 or 60 cases, and then after that, then it was me,
[01:27:59.680 --> 01:28:04.680]  then I was the last of the county, then the sheriffs, the state troopers came in,
[01:28:04.680 --> 01:28:08.680]  and there was about a dozen of them, so they had even a larger amount,
[01:28:08.680 --> 01:28:13.680]  but they were shocked because everybody sort of just walked out to the right, paid their fine and everything.
[01:28:13.680 --> 01:28:17.680]  The judge said, well, today's your lucky day, case dismissed.
[01:28:17.680 --> 01:28:21.680]  I didn't say anything. It wasn't my lucky day. I beat them. I beat them.
[01:28:21.680 --> 01:28:24.680]  Nothing to do with it.
[01:28:24.680 --> 01:28:29.680]  I walk right out the same door that I came in, and that's just, you know.
[01:28:29.680 --> 01:28:37.680]  Okay. How about the officer who made a false accusation against you?
[01:28:37.680 --> 01:28:42.680]  This was almost, this was last July.
[01:28:42.680 --> 01:28:44.680]  Oh, it's been that long since the hearing?
[01:28:44.680 --> 01:28:45.680]  Yeah.
[01:28:45.680 --> 01:28:56.680]  The thing I keep suggesting is that it's not enough that we win the case when the prosecution was badly flawed.
[01:28:56.680 --> 01:28:57.680]  Yeah.
[01:28:57.680 --> 01:29:02.680]  The prosecution needs good reason not to allow it to be badly flawed,
[01:29:02.680 --> 01:29:11.680]  and the way they get that reason is with some pro se litigant who beat his case, calling down that prosecutor's throat.
[01:29:11.680 --> 01:29:16.680]  You think it's over when I walk out of the court? It's just starting, Bubba.
[01:29:16.680 --> 01:29:22.680]  I suppose I could look up the SOL on his violation.
[01:29:22.680 --> 01:29:28.680]  Well, one thing I suggest you do, if you were in court at a hearing you were summoned to,
[01:29:28.680 --> 01:29:39.680]  and the only person there representing the state was a police officer who charged him with barritory or with illegal practice of law.
[01:29:39.680 --> 01:29:44.680]  It won't go anywhere, but it'll sure get their attention.
[01:29:44.680 --> 01:29:45.680]  Yeah, yeah.
[01:29:45.680 --> 01:29:51.680]  Okay, this is Randy Kelton, Randy Kelton, Deputy Stephen and Eddie Craig, Real Wall Radio.
[01:29:51.680 --> 01:29:53.680]  We'll be right back on the other side.
[01:29:53.680 --> 01:29:59.680]  I ran out of time.
[01:29:59.680 --> 01:30:03.680]  Top ten reasons to question the official story of the Oklahoma City bombing, reason number five.
[01:30:03.680 --> 01:30:09.680]  As witnessed by millions of viewers, the rescue efforts were interrupted several times due to the presence of other explosives.
[01:30:09.680 --> 01:30:14.680]  Government log entries indicate and witnesses report that after the initial devastating blast,
[01:30:14.680 --> 01:30:18.680]  a bomb complete with timer was discovered and removed from the wreckage by the bomb squad.
[01:30:18.680 --> 01:30:22.680]  Yet we are told it's all due to baseless bomb scares or other contrivances.
[01:30:22.680 --> 01:30:28.680]  So while officials try to sort out their stories, all we ask is who planted these bombs and why is the government lying about them?
[01:30:28.680 --> 01:30:33.680]  For more information, go to okcbombingtruth.com.
[01:30:33.680 --> 01:30:35.680]  Have you had your hug today?
[01:30:35.680 --> 01:30:40.680]  If not, you're missing out on some of the best medicine relationships have to offer.
[01:30:40.680 --> 01:30:41.680]  I'm Dr. Catherine Albrecht.
[01:30:41.680 --> 01:30:46.680]  I'll be back in just a moment to tell you why you should get your daily dose of hug power.
[01:30:46.680 --> 01:30:48.680]  Privacy is under attack.
[01:30:48.680 --> 01:30:52.680]  When you give up data about yourself, you'll never get it back again.
[01:30:52.680 --> 01:30:57.680]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:57.680 --> 01:31:02.680]  Act your rights, say no to surveillance, and keep your information to yourself.
[01:31:02.680 --> 01:31:04.680]  Privacy, it's worth hanging on to.
[01:31:04.680 --> 01:31:08.680]  This public service announcement is brought to you by StartPage.com,
[01:31:08.680 --> 01:31:12.680]  the private search engine alternative to Google, Yahoo, and Bing.
[01:31:12.680 --> 01:31:15.680]  Start over with StartPage.
[01:31:15.680 --> 01:31:18.680]  A hug a day could keep the heart doctor away.
[01:31:18.680 --> 01:31:25.680]  Researchers at the University of North Carolina say a simple embrace has benefits that go way beyond that warm and fuzzy feeling.
[01:31:25.680 --> 01:31:29.680]  What are the levels of the stress hormone cortisol and the bonding hormone oxytocin,
[01:31:29.680 --> 01:31:33.680]  both before and after volunteer couples held hands, talked, and hugged?
[01:31:33.680 --> 01:31:39.680]  Following the 20-second hug, oxytocin increased and cortisol decreased in both men and women.
[01:31:39.680 --> 01:31:44.680]  As a result, their blood pressure also went down, lowering their risk of cardiovascular disease.
[01:31:44.680 --> 01:31:47.680]  So wrap your arms around the one you love.
[01:31:47.680 --> 01:31:50.680]  It'll do your heart and theirs a world of good.
[01:31:50.680 --> 01:31:53.680]  I'm Dr. Catherine Albrecht, sending you a virtual hug from Radioland.
[01:31:53.680 --> 01:31:57.680]  More news and information at CatherineAlbrecht.com.
[01:32:23.680 --> 01:32:31.680]  All right.
[01:32:31.680 --> 01:32:36.680]  We've got some tools of ingenuity here on Rule of Law Radio.
[01:32:36.680 --> 01:32:41.680]  We've got a half an hour left here on our four-hour Friday info marathon.
[01:32:41.680 --> 01:32:45.680]  We're going now to Rick in California, one of our longtime callers.
[01:32:45.680 --> 01:32:47.680]  Rick, thanks for calling in.
[01:32:47.680 --> 01:32:49.680]  What do you got for us tonight?
[01:32:49.680 --> 01:32:50.680]  Hey, how's it going, guys?
[01:32:50.680 --> 01:32:52.680]  Well, I got some good news.
[01:32:52.680 --> 01:32:58.680]  I got the proof that now the affiliate division in the L.A. Superior Court is,
[01:32:58.680 --> 01:33:04.680]  or if not them, at least the Superior Court itself has basically purged the docket.
[01:33:04.680 --> 01:33:07.680]  They have said I never filed any motion.
[01:33:07.680 --> 01:33:12.680]  And unfortunately for them, they were dumb enough to put in the minutes that motions were denied.
[01:33:12.680 --> 01:33:13.680]  They said I never demurred.
[01:33:13.680 --> 01:33:17.680]  And unfortunately for them, in the minutes it says demurred, denied, just for trial.
[01:33:17.680 --> 01:33:23.680]  So even if I have no proof, which I do, I have more than enough for the federal court,
[01:33:23.680 --> 01:33:28.680]  they did a lousy job at purging the docket, if you will.
[01:33:28.680 --> 01:33:32.680]  So are you going after the Court of Appeals criminally?
[01:33:32.680 --> 01:33:34.680]  Not yet because I want to see.
[01:33:34.680 --> 01:33:38.680]  What I'm going to do is I'm going to argument and correct the record
[01:33:38.680 --> 01:33:41.680]  because the appellate court is sending me what they have.
[01:33:41.680 --> 01:33:45.680]  So I'm going to assume and presume that it was done before they got it.
[01:33:45.680 --> 01:33:50.680]  So that way they can come back and say, you know, well, we didn't know because I'm, you know.
[01:33:50.680 --> 01:33:53.680]  So now when they do that, I'm going to say somebody, you know,
[01:33:53.680 --> 01:33:55.680]  messed with the record here and that's a crime.
[01:33:55.680 --> 01:34:03.680]  Rick, you are an example of what I would like everybody else who's listening to understand.
[01:34:03.680 --> 01:34:07.680]  When I first talked to Rick, he knew squat.
[01:34:07.680 --> 01:34:12.680]  And I think he thought that I was some kind of a magical guru,
[01:34:12.680 --> 01:34:15.680]  that I knew all of this crapola.
[01:34:15.680 --> 01:34:19.680]  And then he asked us what to do and we told him what to do.
[01:34:19.680 --> 01:34:24.680]  And unlike most folks, he actually did it.
[01:34:24.680 --> 01:34:33.680]  And over the last couple of years, he's found out that I knew some things, but not that much.
[01:34:33.680 --> 01:34:40.680]  It's not like I'm some kind of Ph.D. or something, but this is something anyone can do.
[01:34:40.680 --> 01:34:51.680]  Frankly, the last time we had Rick on, I felt like I was the master sitting at the feet of the student
[01:34:51.680 --> 01:34:54.680]  because he's clearly passed me in what he's doing.
[01:34:54.680 --> 01:34:58.680]  And for me, that is just incredible.
[01:34:58.680 --> 01:35:06.680]  And if Rick can do it, I can assure you anybody can do it.
[01:35:06.680 --> 01:35:08.680]  Okay, just kidding, Rick.
[01:35:08.680 --> 01:35:10.680]  You're really exceptional.
[01:35:10.680 --> 01:35:15.680]  But the point is, it just takes a little work and you can become bad news.
[01:35:15.680 --> 01:35:20.680]  Rick has become bad news in California.
[01:35:20.680 --> 01:35:28.680]  And I can almost assure you that everybody anywhere around, all of the judges and stuff, knows who he is.
[01:35:28.680 --> 01:35:34.680]  If we could get a Rick in every county in California, everything will change.
[01:35:34.680 --> 01:35:41.680]  Well, you guys should be listening to what's going on in the Agenda 21 talk show with those guys in Alabama.
[01:35:41.680 --> 01:35:50.680]  I mean, they are kicking some serious booty on the banksters and their local public officials, everything.
[01:35:50.680 --> 01:35:53.680]  And it's just incredible to hear them talking.
[01:35:53.680 --> 01:36:06.680]  And Shannon in Alabama, he says, if a backwoods hayseed can take on all these lawyers and kick their booties, well, then anybody can.
[01:36:06.680 --> 01:36:08.680]  It's just so funny.
[01:36:08.680 --> 01:36:12.680]  I mean, it's just awesome to hear the whole situation.
[01:36:12.680 --> 01:36:14.680]  I mean, folks really can do this.
[01:36:14.680 --> 01:36:18.680]  And Rick, you humble me.
[01:36:18.680 --> 01:36:24.680]  I really appreciate you more than you know, and I just wanted to chew you out for not being around for so long.
[01:36:24.680 --> 01:36:27.680]  Well, I really want to thank you guys because without your help, I wouldn't be where I'm at.
[01:36:27.680 --> 01:36:31.680]  I mean, you guys, I mean, there was nobody at the time.
[01:36:31.680 --> 01:36:38.680]  And it was you guys, Charlie Sprinkel and some other mentors that I found along the way that I really owe all these to.
[01:36:38.680 --> 01:36:41.680]  And just real quick, it's kind of funny.
[01:36:41.680 --> 01:36:50.680]  I want to mention that when these guys end up finding out that I have more than they think I do, it's going to be bad news for them
[01:36:50.680 --> 01:36:58.680]  because the simple fact that I actually cost-examined the cop and I asked him when he finished his law school, he said, I've never been in law school.
[01:36:58.680 --> 01:37:00.680]  I said, well, you're not an attorney?
[01:37:00.680 --> 01:37:01.680]  He said, no.
[01:37:01.680 --> 01:37:03.680]  I said, okay, on whose behalf are you here today, sir?
[01:37:03.680 --> 01:37:05.680]  Well, I'm here on behalf of the city of Glendale.
[01:37:05.680 --> 01:37:07.680]  It jumped up so quick.
[01:37:07.680 --> 01:37:12.680]  The city officer knows he's for the city and too late.
[01:37:12.680 --> 01:37:16.680]  But that's why they deleted the recording, the audio recording.
[01:37:16.680 --> 01:37:17.680]  Whoa, wait a minute.
[01:37:17.680 --> 01:37:19.680]  They deleted the recording?
[01:37:19.680 --> 01:37:24.680]  Well, they deleted the audio recording because I cost-examined the officer for about an hour.
[01:37:24.680 --> 01:37:34.680]  And the funny part is that now I cost them violating their charter recently because the city attorney has to be there on behalf of the city.
[01:37:34.680 --> 01:37:38.680]  And so now I cost them allowing this officer to practice law without a license.
[01:37:38.680 --> 01:37:39.680]  Good, good.
[01:37:39.680 --> 01:37:43.680]  And of course they deleted the record.
[01:37:43.680 --> 01:37:47.680]  Wait, wait, do they have a court reporter?
[01:37:47.680 --> 01:37:49.680]  No, I even filed a motion for that.
[01:37:49.680 --> 01:37:54.680]  It's called an Armstrong, which says by law they have to in California, but they did not do that.
[01:37:54.680 --> 01:38:00.680]  So now I'm alleging that the LA Security Court is not a court of record and therefore violated the Constitution of California.
[01:38:00.680 --> 01:38:02.680]  That goes to Rico.
[01:38:02.680 --> 01:38:04.680]  Yes, it does.
[01:38:04.680 --> 01:38:11.680]  And one thing I wanted to say real quick as far as that goes about them deleting this stuff, I was in front of three judges.
[01:38:11.680 --> 01:38:14.680]  Well, two judges, one commissioner.
[01:38:14.680 --> 01:38:17.680]  I made a video and explained it on YouTube, of course.
[01:38:17.680 --> 01:38:22.680]  And if anybody wants to look it up, just type in Glendale Police.
[01:38:22.680 --> 01:38:29.680]  But it's funny that now they're making one of the judges or commissioners, they're making the commissioner disappear and alleging that he never was in front of me
[01:38:29.680 --> 01:38:33.680]  because he was the one that allowed me to cross-examine the cop for 40 minutes.
[01:38:33.680 --> 01:38:38.680]  And so basically they made him disappear and now they're seeing another judge who was the one that tried me.
[01:38:38.680 --> 01:38:50.680]  And it's funny that they put her on the cover, but in the motion itself I objected to the commissioner doing what he did because he obviously didn't know what he was doing.
[01:38:50.680 --> 01:38:54.680]  So they're going to have more questions than answers when I go in front of them again,
[01:38:54.680 --> 01:39:02.680]  because this female judge, the first thing I was in front of, as a matter of fact, said, you can't cross-examine the cop.
[01:39:02.680 --> 01:39:03.680]  I said, excuse me, he's a witness.
[01:39:03.680 --> 01:39:04.680]  Well, you can't.
[01:39:04.680 --> 01:39:07.680]  You're here to present evidence to me and that's it.
[01:39:07.680 --> 01:39:08.680]  I said, well, I object.
[01:39:08.680 --> 01:39:09.680]  This is a sham trial.
[01:39:09.680 --> 01:39:11.680]  I'll see you guys in federal court.
[01:39:11.680 --> 01:39:13.680]  So.
[01:39:13.680 --> 01:39:17.680]  Did you file a judicial conduct complaint against the judge?
[01:39:17.680 --> 01:39:23.680]  Not yet because I haven't gotten that, I don't have that much knowledge on it as far as I know.
[01:39:23.680 --> 01:39:24.680]  Okay.
[01:39:24.680 --> 01:39:29.680]  I have bargrievance.net up and I've got California in it.
[01:39:29.680 --> 01:39:30.680]  Thank you.
[01:39:30.680 --> 01:39:38.680]  I was trying today to get judicialconduct.com up, but too many calls, I didn't get it done.
[01:39:38.680 --> 01:39:44.680]  I'll have that up soon and this is going to make them nuts.
[01:39:44.680 --> 01:39:45.680]  Well, thank you.
[01:39:45.680 --> 01:39:49.680]  I appreciate that because we actually have proof that she said, I could not cross-examine the cop.
[01:39:49.680 --> 01:39:55.680]  She said this, here's the kicker because I was not an attorney.
[01:39:55.680 --> 01:39:58.680]  Wonderful.
[01:39:58.680 --> 01:40:11.680]  That's the one thing I like about your style is you understand when they do something really stupid that you understand now that it works in your favor.
[01:40:11.680 --> 01:40:12.680]  Yes.
[01:40:12.680 --> 01:40:20.680]  So many people out there get frustrated and demoralized when the public officials don't do what they're supposed to.
[01:40:20.680 --> 01:40:27.680]  And Rick understands that you just gave me the boot to kick you in the butt with.
[01:40:27.680 --> 01:40:29.680]  That's true and keep this in mind.
[01:40:29.680 --> 01:40:33.680]  I've been fighting five traffic tickets for three years now.
[01:40:33.680 --> 01:40:37.680]  So talk about the speedy trial violation.
[01:40:37.680 --> 01:40:41.680]  So, okay, this has cost you a lot of time.
[01:40:41.680 --> 01:40:43.680]  And probably a lot of money.
[01:40:43.680 --> 01:40:44.680]  Yep.
[01:40:44.680 --> 01:40:46.680]  Was it worth it?
[01:40:46.680 --> 01:40:47.680]  Oh, it sure was.
[01:40:47.680 --> 01:40:48.680]  I'd do it again.
[01:40:48.680 --> 01:40:58.680]  As a matter of fact, I'm pretty sure that eventually this will take longer inside the court, but I'm willing to do it because if not, then I'll just keep doing what they're doing because nobody puts them in their place.
[01:40:58.680 --> 01:41:00.680]  They're public servants, not public masters.
[01:41:00.680 --> 01:41:01.680]  Okay, I have a question.
[01:41:01.680 --> 01:41:03.680]  Are you still getting tickets?
[01:41:03.680 --> 01:41:04.680]  No.
[01:41:04.680 --> 01:41:11.680]  Actually, here's the funny part, I actually had my license suspended when I recently found this out.
[01:41:11.680 --> 01:41:18.680]  It was pretty because there was a hole on my license for one of the tickets that are still in the affiliate division.
[01:41:18.680 --> 01:41:20.680]  So I kind of laughed about that.
[01:41:20.680 --> 01:41:28.680]  I said, well, that's a plan right there because, you know, I haven't been found guilty and yet they already suspended my license or put a hole in it.
[01:41:28.680 --> 01:41:37.680]  Well, I was driving, if you will, on the freeway and I got stopped by CHPs and they said, well, you know, your license is suspended.
[01:41:37.680 --> 01:41:38.680]  You know that, Mike.
[01:41:38.680 --> 01:41:39.680]  I didn't know that.
[01:41:39.680 --> 01:41:40.680]  Well, we're going to tow your car.
[01:41:40.680 --> 01:41:41.680]  I said, you can't do that without a warrant.
[01:41:41.680 --> 01:41:43.680]  He said, well, you can watch me.
[01:41:43.680 --> 01:41:44.680]  I said, I will.
[01:41:44.680 --> 01:41:46.680]  As a matter of fact, if you don't mind, I'm going to report you.
[01:41:46.680 --> 01:41:47.680]  He said, I don't mind at all.
[01:41:47.680 --> 01:41:49.680]  I said, okay, thank you very much.
[01:41:49.680 --> 01:41:52.680]  And he came back and he said, you know, this is a misdemeanor.
[01:41:52.680 --> 01:41:53.680]  I said, no, it's not.
[01:41:53.680 --> 01:41:57.680]  I said, you guys say it is, but it's an infraction and I can prove it.
[01:41:57.680 --> 01:42:04.680]  Long story short, I didn't get a simple citation for it and I committed about two misdemeanors and three infractions and he didn't want to touch it.
[01:42:04.680 --> 01:42:09.680]  Yes, somebody said, don't write that scoundrel a ticket.
[01:42:09.680 --> 01:42:14.680]  Don't arrest him and whatever you do, don't put him in my jail.
[01:42:14.680 --> 01:42:16.680]  But Randy, get this.
[01:42:16.680 --> 01:42:21.680]  They towed my car without giving me a citation, so they're even more screwed now.
[01:42:21.680 --> 01:42:25.680]  Wait, they towed your car and didn't cite you?
[01:42:25.680 --> 01:42:30.680]  Yes, and I recorded all of it.
[01:42:30.680 --> 01:42:33.680]  You're having entirely too much fun.
[01:42:33.680 --> 01:42:37.680]  And I owe it all to you guys and I really appreciate your help.
[01:42:37.680 --> 01:42:44.680]  Well, the nice thing is though, Carlos, in California you guys really have grand theft auto law.
[01:42:44.680 --> 01:42:46.680]  Yes, yes, we do.
[01:42:46.680 --> 01:42:49.680]  That's one of the good things about that.
[01:42:49.680 --> 01:42:58.680]  I was told also to call the Better Business Bureau and say how the state is stealing the cars from citizens.
[01:42:58.680 --> 01:43:00.680]  Works for me, man.
[01:43:00.680 --> 01:43:03.680]  Okay, Rick, we're about to run out of time.
[01:43:03.680 --> 01:43:04.680]  Send me an email.
[01:43:04.680 --> 01:43:06.680]  I want to talk to you off there.
[01:43:06.680 --> 01:43:08.680]  Okay, thank you guys once again.
[01:43:08.680 --> 01:43:11.680]  And you're right about the findings of facts and conclusions of law.
[01:43:11.680 --> 01:43:18.680]  It's better if you put in the motion because I did it totally and as you can see, if there's no record, there's no proof.
[01:43:18.680 --> 01:43:19.680]  So thanks again, guys.
[01:43:19.680 --> 01:43:20.680]  I appreciate it.
[01:43:20.680 --> 01:43:21.680]  Okay, you are welcome.
[01:43:21.680 --> 01:43:22.680]  Okay.
[01:43:22.680 --> 01:43:24.680]  Bye-bye.
[01:43:24.680 --> 01:43:26.680]  Okay, we're moving right along.
[01:43:26.680 --> 01:43:27.680]  We've got a number of callers.
[01:43:27.680 --> 01:43:29.680]  We're going to try to get to most of them.
[01:43:29.680 --> 01:43:32.680]  I'm sorry for taking so much time with Rick.
[01:43:32.680 --> 01:43:34.680]  But it's been a long time since we talked to him.
[01:43:34.680 --> 01:43:38.680]  When we get back, we're going to go to David in Pennsylvania.
[01:43:38.680 --> 01:43:45.680]  This is Randy Kelton, Deborah Stevens, Eddie Craig with Law Radio.
[01:43:45.680 --> 01:43:46.680]  We'll be right back on the other side.
[01:43:46.680 --> 01:44:00.680]  We've got one segment left, so we're going to try to move along rather quickly.
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[01:44:59.680 --> 01:45:02.680]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:18.680 --> 01:46:41.680]  Okay, this is Randy Kelton, WC with J.D. Craig, Rule Law Radio.
[01:46:41.680 --> 01:46:46.680]  We're in our last segment, and David, hold on a second.
[01:46:46.680 --> 01:46:50.680]  We were supposed to take Danny next.
[01:46:50.680 --> 01:46:56.680]  Danny, you had an issue of going to Kwai Tam.
[01:46:56.680 --> 01:47:02.680]  Let's try to do this in about four minutes so we have time to get to everybody else.
[01:47:02.680 --> 01:47:07.680]  Well, that might be kind of hard to do, but working with someone who had a lot of problems
[01:47:07.680 --> 01:47:12.680]  with county officials through the Environmental Health Department,
[01:47:12.680 --> 01:47:18.680]  there seemed to be a little criminal ring between that and one of the assistant DAs
[01:47:18.680 --> 01:47:24.680]  in a private company that has a business of cleaning up sites around.
[01:47:24.680 --> 01:47:30.680]  They come in and find violations in one thing or another.
[01:47:30.680 --> 01:47:33.680]  They can't ever get it cleared up.
[01:47:33.680 --> 01:47:39.680]  This company comes in, almost all their stuff on their land, they clear it off,
[01:47:39.680 --> 01:47:43.680]  all the good metal stuff that they towed it off.
[01:47:43.680 --> 01:47:47.680]  Anyway, this guy, things started several years ago,
[01:47:47.680 --> 01:47:52.680]  and it's frightening with some things about prison time.
[01:47:52.680 --> 01:47:56.680]  They're talking about where he ended up signing away some of his land,
[01:47:56.680 --> 01:47:58.680]  well, just about everything.
[01:47:58.680 --> 01:48:02.680]  The only thing he has left is a life estate on a piece of land that he's got.
[01:48:02.680 --> 01:48:09.680]  They're now in the process of breaking that, removing all the equipment,
[01:48:09.680 --> 01:48:15.680]  things that he had on there under this, all kinds of irregularities
[01:48:15.680 --> 01:48:17.680]  in the way that they go about this.
[01:48:17.680 --> 01:48:22.680]  The Commissioner's Court order on doing these kinds of things
[01:48:22.680 --> 01:48:29.680]  says an investigation can begin with a written complaint by any person.
[01:48:29.680 --> 01:48:33.680]  Well, it's pretty clear that they don't have that original written complaint
[01:48:33.680 --> 01:48:38.680]  for them to start, but I've gone through everything,
[01:48:38.680 --> 01:48:45.680]  and it really looks like this company is working with the DA
[01:48:45.680 --> 01:48:53.680]  and this senior investigator to do these things around the county.
[01:48:53.680 --> 01:48:54.680]  Wait a minute.
[01:48:54.680 --> 01:48:57.680]  This sounds more like RICO than QATAM.
[01:48:57.680 --> 01:49:02.680]  Well, I also think about QATAM as being another way of getting into things,
[01:49:02.680 --> 01:49:05.680]  because I'm once for sure with these kinds of things going on,
[01:49:05.680 --> 01:49:09.680]  if they've got federal money that come in,
[01:49:09.680 --> 01:49:14.680]  they're using some equipment that they got through that
[01:49:14.680 --> 01:49:20.680]  for pursuing their criminal enterprise that they're involved in,
[01:49:20.680 --> 01:49:25.680]  not just another way that I didn't know if that kind of suit had more...
[01:49:25.680 --> 01:49:28.680]  What was the question you had for us?
[01:49:28.680 --> 01:49:33.680]  Well, just about using it and...
[01:49:33.680 --> 01:49:38.680]  Okay, so far this doesn't really sound amenable to QATAM.
[01:49:38.680 --> 01:49:42.680]  Getting into QATAM is really, really a stretch.
[01:49:42.680 --> 01:49:49.680]  First, once you establish that there was a criminal enterprise,
[01:49:49.680 --> 01:49:54.680]  then you have to establish that the federal funding that they received
[01:49:54.680 --> 01:49:59.680]  or the state funding they received was used in the furtherance
[01:49:59.680 --> 01:50:04.680]  of this criminal enterprise and that the state didn't benefit from it,
[01:50:04.680 --> 01:50:11.680]  that the state or federal funds were expended illegally or improperly.
[01:50:11.680 --> 01:50:15.680]  How do we get there?
[01:50:15.680 --> 01:50:22.680]  Well, I just didn't think that using the equipment
[01:50:22.680 --> 01:50:25.680]  or the things bought with the funds...
[01:50:25.680 --> 01:50:28.680]  Okay, what did they do with the equipment?
[01:50:28.680 --> 01:50:33.680]  Did they go in and remove this property with the equipment?
[01:50:33.680 --> 01:50:37.680]  No, they used the private company.
[01:50:37.680 --> 01:50:42.680]  Okay, so they used the funds to pay the private company to remove...
[01:50:42.680 --> 01:50:43.680]  Well, that could be.
[01:50:43.680 --> 01:50:46.680]  See, I say I haven't looked into just what funds there are
[01:50:46.680 --> 01:50:48.680]  and what kind of places they don't.
[01:50:48.680 --> 01:50:49.680]  Okay, that's what I'm trying to get to.
[01:50:49.680 --> 01:50:54.680]  If they took this guy's property illegally
[01:50:54.680 --> 01:51:00.680]  and they used equipment belonging to the county
[01:51:00.680 --> 01:51:07.680]  in order to improperly take this guy's property,
[01:51:07.680 --> 01:51:10.680]  that goes to a whole different issue.
[01:51:10.680 --> 01:51:15.680]  Okay, they used his private company's equipment to remove stuff.
[01:51:15.680 --> 01:51:18.680]  Oh, okay, so the private company removed it.
[01:51:18.680 --> 01:51:26.680]  They were paid by the county or the county using federal funds.
[01:51:26.680 --> 01:51:29.680]  Well, probably that's one thing to look into.
[01:51:29.680 --> 01:51:32.680]  That would get there.
[01:51:32.680 --> 01:51:35.680]  On a Kwai Tam, that's pretty iffy.
[01:51:35.680 --> 01:51:38.680]  There are other things you could probably get to them better with,
[01:51:38.680 --> 01:51:40.680]  and that's RICO.
[01:51:40.680 --> 01:51:46.680]  It would probably be a whole lot less complex than Kwai Tam.
[01:51:46.680 --> 01:51:49.680]  It's a stretch for Kwai Tam.
[01:51:49.680 --> 01:51:51.680]  Well, let me describe the situation a little bit more
[01:51:51.680 --> 01:51:53.680]  and see how they've done all this.
[01:51:53.680 --> 01:51:54.680]  Okay, go quickly.
[01:51:54.680 --> 01:51:55.680]  We're running out of time.
[01:51:55.680 --> 01:52:01.680]  About five years or so is when this company got the title away from him,
[01:52:01.680 --> 01:52:05.680]  and he's only left with a life estate to supposedly stay there,
[01:52:05.680 --> 01:52:06.680]  and he had his equipment and stuff
[01:52:06.680 --> 01:52:11.680]  and this land been his family for decades.
[01:52:11.680 --> 01:52:14.680]  And everything seemed fine.
[01:52:14.680 --> 01:52:16.680]  When he was paying the taxes,
[01:52:16.680 --> 01:52:19.680]  taxes were low because it had an agricultural exemption,
[01:52:19.680 --> 01:52:23.680]  and then he gets this citation for junk laying around
[01:52:23.680 --> 01:52:26.680]  and one thing or another, neighborhood nuisance.
[01:52:26.680 --> 01:52:28.680]  And so I started looking into what it said.
[01:52:28.680 --> 01:52:32.680]  Well, it had an explicit exemption for land
[01:52:32.680 --> 01:52:36.680]  that was classified agriculture for tax purposes.
[01:52:36.680 --> 01:52:39.680]  So I thought, well, we just go down and get a certified copy
[01:52:39.680 --> 01:52:42.680]  from the tax office of classification of the land here,
[01:52:42.680 --> 01:52:43.680]  and I can take care of it.
[01:52:43.680 --> 01:52:44.680]  Wait a minute, Danny.
[01:52:44.680 --> 01:52:45.680]  This is taking way too long.
[01:52:45.680 --> 01:52:47.680]  We're running out of time.
[01:52:47.680 --> 01:52:50.680]  Well, it's just to show the planning that they had done in this.
[01:52:50.680 --> 01:52:53.680]  They had dropped the agricultural exemption
[01:52:53.680 --> 01:52:56.680]  so that he would be susceptible to these...
[01:52:56.680 --> 01:52:59.680]  Let me make a suggestion.
[01:52:59.680 --> 01:53:02.680]  You need to call into agenda 21.
[01:53:02.680 --> 01:53:04.680]  Yeah, I was just fixing to say that too.
[01:53:04.680 --> 01:53:06.680]  Yeah, I was thinking that too.
[01:53:06.680 --> 01:53:09.680]  This is exactly where they live.
[01:53:09.680 --> 01:53:14.680]  Yeah, this is a situation for Don, for sure.
[01:53:14.680 --> 01:53:17.680]  Yeah, they could address this a lot better than me.
[01:53:17.680 --> 01:53:18.680]  Okay.
[01:53:18.680 --> 01:53:21.680]  Or Eddie or Deborah.
[01:53:21.680 --> 01:53:22.680]  Well, not Deborah.
[01:53:22.680 --> 01:53:26.680]  Deborah could do it, but me and Eddie, we're chumps here.
[01:53:26.680 --> 01:53:28.680]  All right, well, I'll start checking with them then.
[01:53:28.680 --> 01:53:30.680]  Yeah, call with them there.
[01:53:30.680 --> 01:53:32.680]  This is exactly where they live.
[01:53:32.680 --> 01:53:39.680]  8 p.m. Central Time on Tuesday nights right here on Rule of Law Radio.
[01:53:39.680 --> 01:53:41.680]  Okay, what day you said, Wednesday?
[01:53:41.680 --> 01:53:43.680]  No, Tuesdays.
[01:53:43.680 --> 01:53:44.680]  Tuesday, okay.
[01:53:44.680 --> 01:53:49.680]  Okay, and Danny, don't be such a stranger.
[01:53:49.680 --> 01:53:51.680]  Well, I've been listening off and on,
[01:53:51.680 --> 01:53:55.680]  but by the time I get through to where I can talk,
[01:53:55.680 --> 01:53:59.680]  I get sleepy usually and can't talk well.
[01:53:59.680 --> 01:54:01.680]  That's what happens when we get old.
[01:54:01.680 --> 01:54:02.680]  Yeah.
[01:54:02.680 --> 01:54:03.680]  Okay, we're going to move on.
[01:54:03.680 --> 01:54:04.680]  Thank you, Dan.
[01:54:04.680 --> 01:54:05.680]  All right.
[01:54:05.680 --> 01:54:10.680]  Okay, now we're going to go to David in Pennsylvania.
[01:54:10.680 --> 01:54:11.680]  Hello?
[01:54:11.680 --> 01:54:12.680]  Hello, David.
[01:54:12.680 --> 01:54:16.680]  Hey, Randy, Deborah, Eddie.
[01:54:16.680 --> 01:54:21.680]  Real quick, Randy, foreclosure.
[01:54:21.680 --> 01:54:28.680]  Okay, I've been fighting HSBC since the bottom of 09, okay?
[01:54:28.680 --> 01:54:37.680]  The judge denied their motion for summary judgment on the 24th of September.
[01:54:37.680 --> 01:54:46.680]  They then ho-hummed around until the 2nd or the 3rd of December,
[01:54:46.680 --> 01:54:53.680]  I can't remember now, before they filed a precipice for trial, okay?
[01:54:53.680 --> 01:54:56.680]  And I'm dead in the water now.
[01:54:56.680 --> 01:54:58.680]  I don't know what's going on.
[01:54:58.680 --> 01:54:59.680]  Nobody's moved.
[01:54:59.680 --> 01:55:03.680]  Okay, what was, okay, they filed, okay, you're in Pennsylvania.
[01:55:03.680 --> 01:55:07.680]  Is that a judicial state or non-judicial?
[01:55:07.680 --> 01:55:09.680]  It's judicial.
[01:55:09.680 --> 01:55:12.680]  Okay, so they are the plaintiffs.
[01:55:12.680 --> 01:55:13.680]  Right.
[01:55:13.680 --> 01:55:16.680]  Did you file a counter-complaint against them?
[01:55:16.680 --> 01:55:17.680]  No.
[01:55:17.680 --> 01:55:18.680]  Do so.
[01:55:18.680 --> 01:55:20.680]  I just, I challenge their standing.
[01:55:20.680 --> 01:55:22.680]  That's not enough.
[01:55:22.680 --> 01:55:23.680]  Counter-suit them.
[01:55:23.680 --> 01:55:27.680]  Okay, pull out your HUD-1 settlement statement.
[01:55:27.680 --> 01:55:28.680]  Okay.
[01:55:28.680 --> 01:55:31.680]  It's got all these fees on it.
[01:55:31.680 --> 01:55:37.680]  Now, there are laws that prevent the lender from charging you certain fees.
[01:55:37.680 --> 01:55:46.680]  Those fees, the only fees you're required to pay are those fees you'd have to pay if you purchased property in cash.
[01:55:46.680 --> 01:55:59.680]  And the lender can charge you those fees that the lender has to pay to a third-party vendor that are not the normal part of doing business.
[01:55:59.680 --> 01:56:07.680]  Appraisal, administration fee, document preparation fee, all of those are the normal part of doing business.
[01:56:07.680 --> 01:56:11.680]  That is supposed to come out of the interest that you pay.
[01:56:11.680 --> 01:56:17.680]  But instead, they add them to the principal and charge interest on it for 30 years.
[01:56:17.680 --> 01:56:33.680]  So add up what you maintain is, is that at closing, the lender failed to provide documentation to show that these fees that they charged were not otherwise restricted by law from being charged to the borrower,
[01:56:33.680 --> 01:56:48.680]  that the services charges were necessary, that the amounts charged for the services were reasonable, and that the lender did not take an undisclosed markup on the fees charged.
[01:56:48.680 --> 01:56:52.680]  Since they didn't provide that documentation, you maintain they're all bogus.
[01:56:52.680 --> 01:56:53.680]  They're all false.
[01:56:53.680 --> 01:56:54.680]  They're all fraud.
[01:56:54.680 --> 01:56:56.680]  They're theft by deception.
[01:56:56.680 --> 01:57:00.680]  Subtract them all from the head of the note.
[01:57:00.680 --> 01:57:12.680]  Go online and pull up an amortization program and put in your principal and interest and run the note.
[01:57:12.680 --> 01:57:19.680]  And see how many dollars total you will pay over the full life of the note and write that down.
[01:57:19.680 --> 01:57:27.680]  And then go back and subtract from the principal the amount of these fees.
[01:57:27.680 --> 01:57:34.680]  And put in as a payment amount the same amount you would have paid otherwise.
[01:57:34.680 --> 01:57:43.680]  If you reduce the principal, this system will calculate a lower payment amount.
[01:57:43.680 --> 01:57:50.680]  You assume that you're paying the same amount, so the balance isn't overpayment each month.
[01:57:50.680 --> 01:57:52.680]  Run it that way.
[01:57:52.680 --> 01:57:55.680]  You will be amazed at the difference.
[01:57:55.680 --> 01:58:07.680]  That will give you an amount of fraud that the lender intended to deprive you of.
[01:58:07.680 --> 01:58:12.680]  And you make a claim against the lender in three times that amount.
[01:58:12.680 --> 01:58:18.680]  Instead of going in with your hat in your hands, you go in with your boot up their behinds.
[01:58:18.680 --> 01:58:20.680]  And I'm sorry we're out of time.
[01:58:20.680 --> 01:58:21.680]  Okay.
[01:58:21.680 --> 01:58:22.680]  Okay.
[01:58:22.680 --> 01:58:23.680]  You guys take care.
[01:58:23.680 --> 01:58:25.680]  Okay, send me an email.
[01:58:25.680 --> 01:58:26.680]  All right.
[01:58:26.680 --> 01:58:30.680]  Go to remediesinrealestate.com and look at what we have on there.
[01:58:30.680 --> 01:58:33.680]  It will give you an idea of what you can do to kick their behinds.
[01:58:33.680 --> 01:58:38.680]  This is Randy Kelton, Denver Stevens, Eddie Craig, Wheel of Law Radio.
[01:58:38.680 --> 01:58:43.680]  Thank you for listening to our four-hour info marathon.
[01:58:43.680 --> 01:58:46.680]  And Robin, I'm sorry we didn't get to you.
[01:58:46.680 --> 01:58:54.680]  We'll call in Thursday. We will call in early. We will try to get to you early in the show.
[01:58:54.680 --> 01:59:17.680]  Thank you for listening and good night.
[01:59:24.680 --> 01:59:51.680]  Thank you for listening.
[01:59:51.680 --> 01:59:58.680]  Thank you for listening.