ROL_2011-07-15_16k_Hr3-4.timecode

[00:00.000 --> 00:04.600]  This news brief brought to you by the International Newsnet.
[00:04.600 --> 00:09.640]  Secretary of State Hillary Clinton said Friday the U.S. is granting Libyan rebel leaders full
[00:09.640 --> 00:13.520]  diplomatic recognition as the governing authority of Libya.
[00:13.520 --> 00:18.440]  The decision clears the way for rebels to access some of Libya's frozen U.S. assets
[00:18.440 --> 00:20.840]  with more than $30 billion.
[00:20.840 --> 00:25.160]  The foreign ministers of France and Italy, both of whom have recognized the rebels, said
[00:25.160 --> 00:30.280]  that 30 Western and Arab nations are now prepared to follow suit.
[00:30.280 --> 00:35.560]  The journal Science reported Thursday large predators like sharks, lions and wolves are
[00:35.560 --> 00:39.960]  on the decline worldwide, leading to a disruption of the Earth's ecosystem.
[00:39.960 --> 00:45.720]  For instance, fewer cougars in the state of Utah led to an explosion of the deer population,
[00:45.720 --> 00:50.720]  the deer ate more vegetation, which altered the path of local streams and lowered overall
[00:50.720 --> 00:53.840]  biodiversity.
[00:53.840 --> 00:58.000]  In internet communications between private Bradley Manning, accused of leaking government
[00:58.000 --> 01:04.400]  secrets to WikiLeaks, and Adrian Lamo, the ex-hacker who turned him in, Lamo told Manning,
[01:04.400 --> 01:07.000]  quote, I'm a journalist and a minister.
[01:07.000 --> 01:11.960]  Treat this as a confession or an interview, never to be published, and enjoy a modicum
[01:11.960 --> 01:14.040]  of legal protection.
[01:14.040 --> 01:18.080]  Manning said he had contacts high up in Barack Obama's administration.
[01:18.080 --> 01:22.640]  The chats were released by Wired Magazine this week.
[01:22.640 --> 01:28.520]  At least 14 protesters were killed in Syria Friday after security forces shot at demonstrators.
[01:28.520 --> 01:33.240]  In the biggest protests so far against Bashar al-Assad's rule, hundreds of thousands of
[01:33.240 --> 01:35.320]  Syrians took to the streets.
[01:35.320 --> 01:40.880]  Police fired live ammunition and tear gas in the capital Damascus, killing five people.
[01:40.880 --> 01:43.200]  In southern Syria, four people were killed.
[01:43.200 --> 01:48.520]  The Syrian Observatory for Human Rights said that these 350,000 people demonstrated in
[01:48.520 --> 01:52.800]  the eastern province of Deir al-Zor, two people were killed.
[01:52.800 --> 01:55.880]  The army is deployed around the edges of the city.
[01:55.880 --> 02:00.480]  Rights groups say about 1,400 civilians have been killed since March, and protests have
[02:00.480 --> 02:04.200]  grown and continued unabated.
[02:04.200 --> 02:09.960]  The Republican-led House Appropriations Committee this week approved a spending bill for 2012
[02:09.960 --> 02:14.720]  that permits uranium mining next to the Grand Canyon, prohibits the Environmental Protection
[02:14.720 --> 02:19.920]  Agency from setting greenhouse gas standards, and exempts oil and utility companies from
[02:19.920 --> 02:21.600]  the Clean Air Act.
[02:21.600 --> 02:27.800]  Jamie Rappapour-Clark of Defenders of Wildlife called the bill, quote, a Frankenstein's monster.
[02:27.800 --> 02:34.920]  The EPA's budget would be cut by $1.5 billion, and the Interior Department would take a $715
[02:34.920 --> 02:36.400]  million hit.
[02:36.400 --> 02:41.840]  House Appropriations Chairman Hal Rogers admitted Wednesday the bill's intent was to handcuff
[02:41.840 --> 02:43.160]  the EPA.
[02:43.160 --> 02:48.960]  Investing a moratorium on uranium mining near the Grand Canyon potentially exposes 17 million
[02:48.960 --> 02:53.360]  people dependent on the Colorado River for drinking water to radioactive waste.
[02:53.360 --> 03:03.560]  For more details on this story, visit IMF World Report.net.
[03:03.560 --> 03:09.560]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com.
[03:09.560 --> 03:16.560]  Live, free speech talk radio at its best.
[03:16.560 --> 03:43.560]  Well, I received my remedy today, came in a box just like the faith, I accepted it for
[03:43.560 --> 03:50.560]  you.
[03:50.560 --> 03:54.320]  All right, folks, we are back.
[03:54.320 --> 03:56.200]  This is Rule of Law Radio.
[03:56.200 --> 03:58.840]  This is our Friday night for our marathon.
[03:58.840 --> 04:02.640]  We are halfway through the show with two hours to go.
[04:02.640 --> 04:07.920]  Calling number is 512-646-1984.
[04:07.920 --> 04:09.680]  We have a couple of callers on the board.
[04:09.680 --> 04:13.280]  Right now we're going to go to Dan in Connecticut.
[04:13.280 --> 04:14.280]  Hello, Dan in Connecticut.
[04:14.280 --> 04:15.280]  How are you?
[04:15.280 --> 04:16.280]  I'm pretty good.
[04:16.280 --> 04:23.320]  I've got a tip for you that I'm not sure if a lot of people are aware to check on, but
[04:23.320 --> 04:29.680]  it may be helpful if your particular case involves the weather.
[04:29.680 --> 04:34.480]  I don't usually have a case that involves the weather unless it's a traffic accident
[04:34.480 --> 04:35.480]  case.
[04:35.480 --> 04:38.560]  Well, this is very interesting.
[04:38.560 --> 04:44.640]  I had somebody that had gotten in touch with me a while back, she needed help in regards
[04:44.640 --> 04:50.520]  to her small business that was subject to a frivolous workman's comp claim.
[04:50.520 --> 04:55.520]  And long story short, this involved somebody who is not an employee that was making a frivolous
[04:55.520 --> 05:02.320]  and fraudulent claim, but nonetheless he claimed that he was injured shoveling snow on a particular
[05:02.320 --> 05:04.320]  day of the year.
[05:04.320 --> 05:10.240]  And today her attorney was like, boy, if we could only check the weather on that day to
[05:10.240 --> 05:12.960]  see if it actually had snowed.
[05:12.960 --> 05:20.560]  But little did he realize, and I had decided to go check this out, let's see what the weather
[05:20.560 --> 05:26.960]  records were that day, going back between the date of the alleged injury back a week.
[05:26.960 --> 05:34.240]  And it turns out, according to the National Oceanic and Atmospheric Administration, which
[05:34.240 --> 05:39.000]  is, of course, the government agency of the US government, it had snowed more than a week
[05:39.000 --> 05:40.000]  before.
[05:40.000 --> 05:47.360]  So, of course, when we printed up the records and we did our query, pretty much the opposing
[05:47.360 --> 05:49.840]  side more or less peed their pants.
[05:49.840 --> 05:51.640]  It was interesting to watch.
[05:51.640 --> 05:55.520]  Yeah, I'll bet.
[05:55.520 --> 05:57.400]  That could get you put in prison.
[05:57.400 --> 05:59.400]  That goes to aggravated perjury.
[05:59.400 --> 06:04.680]  Yeah, actually, specifically, a fraudulent claim for workman's comp insurance in Connecticut
[06:04.680 --> 06:05.840]  is a class B felony.
[06:05.840 --> 06:10.360]  Yeah, but that's before the fairs even get a hold of you.
[06:10.360 --> 06:13.640]  Yeah, it was also much fun to watch.
[06:13.640 --> 06:18.320]  I mean, even the state of Connecticut was trying to go after this person just to see
[06:18.320 --> 06:24.040]  what kind of fines they could get, and even they saw the documents that I had pulled up
[06:24.040 --> 06:29.680]  and they were like, whoa, we're not getting paid.
[06:29.680 --> 06:33.720]  It was great to watch, I can just say that.
[06:33.720 --> 06:38.160]  That was good.
[06:38.160 --> 06:45.800]  So how are you, the last time we talked, you were talking about the Ron Paul campaign.
[06:45.800 --> 06:48.640]  Do you have any new news on that?
[06:48.640 --> 06:55.200]  No new news on that, but I'm not sure if Mr. Wiley called back or talked to you at any
[06:55.200 --> 07:00.680]  point, but he's also been involved in a campaign where he basically asked all the sheriff's
[07:00.680 --> 07:05.120]  deputies in Florida to arrest the TSA for sexual assault.
[07:05.120 --> 07:08.320]  How's that worked out?
[07:08.320 --> 07:13.480]  Well, there's actually been a lot of widespread national attention on that, and that was one
[07:13.480 --> 07:17.680]  of the other reasons I called in because I wasn't sure if you guys were aware of it.
[07:17.680 --> 07:21.880]  And that was originally why I wanted him to get in touch with you.
[07:21.880 --> 07:33.480]  Okay, was that the head of the Libertarian Party in Florida that called last week?
[07:33.480 --> 07:35.360]  Is that who you're referring to?
[07:35.360 --> 07:36.360]  Yes.
[07:36.360 --> 07:37.360]  Oh, okay.
[07:37.360 --> 07:38.360]  He hasn't called back.
[07:38.360 --> 07:39.360]  We haven't heard from him.
[07:39.360 --> 07:42.880]  Yeah, he's actually gotten a lot of traction on that.
[07:42.880 --> 07:49.760]  Actually, we're actually getting a rest or two going, but he was the leader, more or
[07:49.760 --> 07:56.320]  less, that took up the call and pretty much said, look, these guys are sexually assaulting
[07:56.320 --> 08:00.640]  people and they're doing it in airports and new sheriffs have an obligation to arrest
[08:00.640 --> 08:05.360]  these people.
[08:05.360 --> 08:08.560]  And they actually sent a copy of that letter to all the sheriff's offices.
[08:08.560 --> 08:13.840]  I believe there are 67 of them in Florida.
[08:13.840 --> 08:14.840]  Good.
[08:14.840 --> 08:22.280]  If we get a couple of arrests, I think that would get everybody's attention.
[08:22.280 --> 08:23.280]  Yeah.
[08:23.280 --> 08:30.640]  I mean, the reason I said when I called in that night that he'd beat me to something
[08:30.640 --> 08:38.000]  that I was trying to get to is because that was the project, believe it or not.
[08:38.000 --> 08:41.040]  Did you do it in Connecticut?
[08:41.040 --> 08:45.960]  Actually that was something that I was going to be doing in Connecticut very shortly.
[08:45.960 --> 08:51.320]  It's just he got the idea first and he acted on it and he beat me to it that bastard.
[08:51.320 --> 08:52.800]  Well, that's okay.
[08:52.800 --> 08:54.280]  You can still do it.
[08:54.280 --> 08:55.280]  Yeah.
[08:55.280 --> 08:57.080]  And that's what I plan on doing.
[08:57.080 --> 09:03.360]  It's just unfortunately for Connecticut, we don't have the office of sheriff anymore.
[09:03.360 --> 09:06.560]  Okay.
[09:06.560 --> 09:10.120]  What are the policing agencies in Connecticut?
[09:10.120 --> 09:18.160]  Well, in Connecticut, we have the municipal police departments and we have the state police.
[09:18.160 --> 09:19.720]  No county law enforcement?
[09:19.720 --> 09:20.720]  No.
[09:20.720 --> 09:24.320]  We've actually abolished county government in Connecticut a while back.
[09:24.320 --> 09:26.320]  Well, that's interesting.
[09:26.320 --> 09:27.320]  Yeah.
[09:27.320 --> 09:30.800]  So it's also sad too, so.
[09:30.800 --> 09:39.480]  Yeah, but that much less corruption or that much more in the state.
[09:39.480 --> 09:40.480]  Yeah.
[09:40.480 --> 09:41.480]  Okay.
[09:41.480 --> 09:43.480]  It's kind of a mixed blessing, if you would.
[09:43.480 --> 09:44.480]  Okay.
[09:44.480 --> 09:46.200]  Do you have anything else for us?
[09:46.200 --> 09:47.840]  No, that'll be it.
[09:47.840 --> 09:53.680]  I just figured I'd give you guys that little tip on checking on the weather, you know, considering
[09:53.680 --> 09:57.480]  that it's an official government record used in the normal course of fitness, which is
[09:57.480 --> 09:59.480]  pretty much admissible.
[09:59.480 --> 10:04.560]  Okay, well, thank you very much and we look forward to hearing from you again.
[10:04.560 --> 10:07.240]  I'm sure you're going to have something interesting next time.
[10:07.240 --> 10:12.160]  Yeah, we've got a lot of things going on with the mortgages and debt collection and
[10:12.160 --> 10:15.600]  you know, you're going to love to hear what we do with this.
[10:15.600 --> 10:16.600]  Good.
[10:16.600 --> 10:17.600]  Wonderful.
[10:17.600 --> 10:18.600]  Okay.
[10:18.600 --> 10:19.600]  Thank you, Dan.
[10:19.600 --> 10:20.600]  Yeah.
[10:20.600 --> 10:22.600]  Now we're going to go to Rob from Mississippi.
[10:22.600 --> 10:25.600]  Rob, what do you have for us tonight?
[10:25.600 --> 10:27.600]  Is that me?
[10:27.600 --> 10:30.400]  That's you.
[10:30.400 --> 10:31.400]  You're on.
[10:31.400 --> 10:32.400]  Okay.
[10:32.400 --> 10:38.400]  I got a question about due process and missing documents in the court file.
[10:38.400 --> 10:45.120]  I was arrested on May 30th, went to an arraignment as my initial appearance.
[10:45.120 --> 10:50.480]  I had tried to file motions a few days before the arraignment.
[10:50.480 --> 10:53.240]  The assistant court wouldn't take them.
[10:53.240 --> 10:58.600]  I got the affidavit and motions filed the day of the arraignment.
[10:58.600 --> 11:00.880]  The judge refused to look at them.
[11:00.880 --> 11:06.360]  I informed him that there were challenges to jurisdiction and motions before the court
[11:06.360 --> 11:10.600]  that needed to be addressed before I could enter a plea.
[11:10.600 --> 11:17.560]  He basically just dismissed all of that, ignored it, didn't give any ruling on it, just refused
[11:17.560 --> 11:23.200]  to deal with it and told me that I could go to trial if I wanted to, but that if I lost
[11:23.200 --> 11:29.200]  my license would be suspended, and I'm a commercial vehicle operator by trade, so I need
[11:29.200 --> 11:30.200]  to particularly...
[11:30.200 --> 11:31.200]  Okay.
[11:31.200 --> 11:35.040]  Did you file criminal charges against the judge for outlawry?
[11:35.040 --> 11:36.040]  Not yet.
[11:36.040 --> 11:37.040]  I'm going to do all of that.
[11:37.040 --> 11:41.400]  I have it all in the process of being written out if I haven't sent anything off yet, but
[11:41.400 --> 11:48.560]  my question is, I went back to the court a week later, checked the record, none of my
[11:48.560 --> 11:52.680]  motions were in the record, but I have file stamped copies of them.
[11:52.680 --> 11:53.680]  Okay.
[11:53.680 --> 11:57.960]  File tampering with a government document against the clerk.
[11:57.960 --> 11:58.960]  Okay.
[11:58.960 --> 12:04.480]  And then I went back another week later, still nothing in the record.
[12:04.480 --> 12:10.440]  I went back a few days after that to submit motions for finding a fact and conclusions
[12:10.440 --> 12:18.280]  at law asking why the judge had declined the rule on my motions or if he had not declined
[12:18.280 --> 12:25.680]  to why he had done so in an ex parte hearing and not notified me of the ruling.
[12:25.680 --> 12:32.640]  The court refused to take those, they let me go before the judge, he talked them over
[12:32.640 --> 12:39.160]  with me a little bit, said, well, we've already discussed all of this, and I pointed out to
[12:39.160 --> 12:46.880]  him some state law and some state judicial codes, and he basically ignored it all over
[12:46.880 --> 12:51.760]  again, told me I still had 11 days to appeal the case.
[12:51.760 --> 12:59.240]  Now my question is, because of these numerous improprieties on their part, and the fact
[12:59.240 --> 13:07.960]  that I had already challenged the jurisdiction prior to stupidly entering a no contest plea,
[13:07.960 --> 13:13.400]  does that challenge the jurisdiction still stand and is that no contest plea worth anything?
[13:13.400 --> 13:15.520]  Can I be held to that?
[13:15.520 --> 13:27.760]  Well, you can petition to rescind your signature from the plea, and the challenge to the jurisdiction
[13:27.760 --> 13:33.360]  absolutely stands, but you need to go after that judge.
[13:33.360 --> 13:40.800]  Right, absolutely, but I need to get this away from this county, this county is, as
[13:40.800 --> 13:47.920]  all counties are, but this one is completely corrupt, there have been threats made, you
[13:47.920 --> 13:53.440]  know, there's no way I'm going to get this anywhere within the county, and I need to
[13:53.440 --> 13:58.560]  get it out to the state level, or, you know...
[13:58.560 --> 14:02.760]  Well, file criminal charges against the judge, that'll do it.
[14:02.760 --> 14:10.520]  Okay, and then my final question on that is, oh, since I entered a no contest plea, but
[14:10.520 --> 14:16.320]  there was a jurisdiction challenge for the court, what are my chances for a 1983 suit
[14:16.320 --> 14:19.560]  on all of this?
[14:19.560 --> 14:24.480]  Do process, do process to get you a 1983, the fact that the judge refused to hear your
[14:24.480 --> 14:27.880]  motions, that'll get you a 1983.
[14:27.880 --> 14:30.080]  Okay, good deal.
[14:30.080 --> 14:39.160]  Also one thing you need to remember about a 1983 suit, 42 U.S. Code 1983 is the codification
[14:39.160 --> 14:43.800]  of the second half of the Ku Klux Klan Act.
[14:43.800 --> 14:51.800]  The first half of the Ku Klux Klan Act has been codified into 18 U.S. Code 242.
[14:51.800 --> 14:55.960]  That makes it a class A misdemeanor.
[14:55.960 --> 15:04.200]  So you need to do that as well, if you do the 1983, do the 18 U.S. Code 242 suit to get
[15:04.200 --> 15:06.200]  a criminal complaint against him as well.
[15:06.200 --> 15:10.240]  I've got a whole handful of people to go after on this.
[15:10.240 --> 15:16.360]  The other thing is that the prosecutor was never present at any time during any of this.
[15:16.360 --> 15:18.560]  There was no criminal complaint.
[15:18.560 --> 15:20.680]  The prosecutor wasn't present at the arraignment.
[15:20.680 --> 15:21.680]  He wasn't present.
[15:21.680 --> 15:26.080]  The second time I went to the judge to try and get a finding a back in the conclusion
[15:26.080 --> 15:32.680]  of law, can I go after him for not having anything to do with it?
[15:32.680 --> 15:41.960]  Did he refuse to, okay, did they not let you file the document in the court record?
[15:41.960 --> 15:44.360]  The judge just acted as prosecutor the whole time.
[15:44.360 --> 15:45.760]  There was no prosecutor.
[15:45.760 --> 15:50.640]  I know who the county prosecutor was, but his name is not on anything.
[15:50.640 --> 15:54.640]  He was never in court when I was there.
[15:54.640 --> 16:01.560]  Basically I showed up in court to pay my penalty to the local court.
[16:01.560 --> 16:07.480]  Did you show up in response to a summons, or did you just go down there?
[16:07.480 --> 16:14.320]  I showed up in response to two traffic citations and a...
[16:14.320 --> 16:20.600]  No, I mean, did the court expect you on that day at that time?
[16:20.600 --> 16:25.440]  Yeah, they had me scheduled as a judge to appear.
[16:25.440 --> 16:29.960]  That's what I need to know because prosecution had to be there and they had to be ready.
[16:29.960 --> 16:32.800]  Go after the judge for acting as the prosecutor.
[16:32.800 --> 16:34.800]  This is a clear due process.
[16:34.800 --> 16:36.800]  All right, thank you very much.
[16:36.800 --> 16:38.800]  I'll let you all go.
[16:38.800 --> 16:39.800]  Okay, thank you.
[16:39.800 --> 16:44.000]  This is Randy Kelton, Deborah Stevens, Eddie Craig, we're the Law Radio.
[16:44.000 --> 16:46.720]  Karen, we'll go to you on the other side.
[16:46.720 --> 16:51.640]  Our call in number is 512-646-1984.
[16:51.640 --> 16:55.240]  Give us a call and ask Eddie some hard questions.
[16:55.240 --> 17:01.040]  We'll be right back.
[17:01.040 --> 17:05.760]  Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies
[17:05.760 --> 17:07.760]  in the Austin Metro area.
[17:07.760 --> 17:08.920]  We also ship worldwide.
[17:08.920 --> 17:13.440]  We're a family owned and operated business that offers competitive prices on your coin
[17:13.440 --> 17:14.440]  and metals purchases.
[17:14.440 --> 17:19.360]  Because of you, Austin, business has been so good that we've had to move to a new and
[17:19.360 --> 17:20.360]  bigger location.
[17:20.360 --> 17:27.120]  We're now located at 7304 Burnett Road, Suite A, 1.2 miles north on Burnett from our previous
[17:27.120 --> 17:28.120]  location.
[17:28.120 --> 17:31.960]  We're on the west side of Burnett Road in the Stanley Insurance Building on the ground
[17:31.960 --> 17:35.320]  floor next to the Ishibon Sushi and the Genie Car Wash.
[17:35.320 --> 17:39.480]  We're open Monday through Friday, 10 to 6, Saturdays, 10 to 5.
[17:39.480 --> 17:45.640]  You're welcome to stop in during regular business hours or call 512-646-6440.
[17:45.640 --> 17:50.080]  Ask for Chad or Becky and say that you heard about us on the Law Radio or Texas Liberty
[17:50.080 --> 17:51.080]  Radio.
[17:51.080 --> 17:52.560]  That's Capital Coin and Bullion.
[17:52.560 --> 18:00.640]  At our new location at 7304 Burnett Road, Suite A, we'll call 512-646-6440.
[18:00.640 --> 18:05.960]  Are you being harassed by debt collectors with phone calls, letters or even losses?
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[18:19.600 --> 18:25.360]  civil rights statutes, what to do when contacted by phones, mail or court summons, how to answer
[18:25.360 --> 18:30.000]  letters and phone calls, how to get debt collectors out of your credit reports, how to turn the
[18:30.000 --> 18:34.200]  financial tables on them and make them pay you to go away.
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[18:41.440 --> 18:47.000]  For more information, please visit ruleblogradio.com and click on the blue Michael Mearris banner
[18:47.000 --> 18:49.880]  or email michaelmearris at yahoo.com.
[18:49.880 --> 18:59.520]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[18:59.520 --> 19:00.520]  now.
[19:00.520 --> 19:18.520]  Well, don't let nothing get to you, only the father can't do it by you, so don't let back
[19:18.520 --> 19:34.520]  you, only the father can't do it by you, so don't let nothing get to you, only the father
[19:34.520 --> 19:46.520]  can't do it by you, only the father can't do it by you, only the father can't do it by
[19:46.520 --> 19:57.960]  you, only the father can't do it by you, only the father can't do it by him.
[19:57.960 --> 20:07.260]  Okay, we're back, Randy Kelton, Deborah Stevens, Eddie Craig, Groove Law Radio, we're gonna
[20:07.260 --> 20:13.320]  go to Karen, but she dropped off, the call board is open at the moment.
[20:13.320 --> 20:20.160]  I was talking earlier about the foreclosure issue in The Worship, there's a number of
[20:20.160 --> 20:30.760]  really powerful tools you can use to go after the lender, and we primarily suggest that
[20:30.760 --> 20:39.240]  if you're up to date and you're able to maintain up to date, that because of all of the things
[20:39.240 --> 20:48.680]  that the lenders have done that has put them in this bad position, it is a opportune time
[20:48.680 --> 20:54.520]  to go after them, even if you can pay your mortgage to get it reduced.
[20:54.520 --> 20:59.520]  If you're up to date and you sue the lender, they're gonna give you an offer immediately,
[20:59.520 --> 21:05.280]  one of the first ones we did, sue the lender, he was up to date, they immediately came back
[21:05.280 --> 21:13.480]  with an offer to modify from 6.5% interest to two, and that would have cut his payment
[21:13.480 --> 21:23.240]  almost in half, and if you are in foreclosure or are facing foreclosure, there are any number
[21:23.240 --> 21:31.920]  of tools we can use to go after them, not just the issue of standing, if the lender
[21:31.920 --> 21:38.360]  can get past the issue of standing, and often the courts will rule in the lender's favor,
[21:38.360 --> 21:45.200]  or getting more and more courts ruling against them, so it's getting easier for the judges
[21:45.200 --> 21:53.400]  to rule against the banks, but even if they don't, you can stop these guys in their tracks
[21:53.400 --> 21:58.240]  and hold them in court for a year or two years, we don't know what's gonna happen in the next
[21:58.240 --> 22:07.600]  year or two, but if the current situation is any indication, it's gonna do nothing but
[22:07.600 --> 22:16.560]  get worse for the banks, we expected the legislature to pull some rabbit out of their hat to bail
[22:16.560 --> 22:22.920]  the banks out, but instead of doing that, there seems to be simply more and more pressure
[22:22.920 --> 22:30.960]  against them, and I suspect that that's because of the last election where we had the biggest
[22:30.960 --> 22:37.920]  turnover in history, in this coming election, they're looking for it to be equal to the
[22:37.920 --> 22:47.480]  time before, if not worse, and that will give us a legislature of new lawmakers, lawmakers
[22:47.480 --> 22:55.560]  that haven't been bought into one camp or the other yet, so it's a great opportunity for
[22:55.560 --> 23:01.720]  us to make some major change done, and because they're all these new people, I can't see
[23:01.720 --> 23:12.320]  the powers that be being able to mount enough of a consensus to buy the banks a bailout,
[23:12.320 --> 23:20.720]  because when they voted for the $7 trillion bailout, that's what's getting all these legislators
[23:20.720 --> 23:27.680]  focus out, so I don't think anybody wants to get back on that train, so now is a good
[23:27.680 --> 23:37.080]  time to go after them, and beyond the standing issue, there are a number of others, we can
[23:37.080 --> 23:46.960]  look at every member of the chain of producing your note, every one of them have to get concert
[23:46.960 --> 23:56.200]  inclusion with the others, one of the primary things that we go after them for is the fees
[23:56.200 --> 24:04.280]  that they charge, the lender is only authorized to charge you those fees you would have to
[24:04.280 --> 24:13.880]  pay if you purchase property and cash, and those fees that the lender must pay to a third
[24:13.880 --> 24:24.240]  party vendor for unusual services, the lender cannot charge you for those costs that are
[24:24.240 --> 24:29.760]  the normal part of doing business, it was intended that those costs come out of the
[24:29.760 --> 24:36.320]  interest that they charge you, the finance charge, but instead of charging you, taking
[24:36.320 --> 24:44.320]  those fees out of the interest, they charge you the fees on the front end and then charge
[24:44.320 --> 24:52.000]  you interest on them for 30 years, one of the first suits I did a calculation on was
[24:52.000 --> 25:06.000]  a suit for 115,600 at 6% interest, they charge 12,000 in fees, but at closing, the lender
[25:06.000 --> 25:13.200]  failed to provide documentation showing that the fees were not otherwise excluded from
[25:13.200 --> 25:23.600]  being charged by law, showing that the fees charged were actually paid to a bonafide vendor
[25:23.600 --> 25:32.280]  and not a front company from one of the client's fiduciaries, and evidence to indicate that
[25:32.280 --> 25:40.560]  the services charged for were actually rendered, that the amounts that the services were necessary,
[25:40.560 --> 25:48.080]  that the amounts charged were reasonable, and that the lender did not take an undisclosed
[25:48.080 --> 25:55.560]  markup on the amounts charged, now these are issued we take to WESFA, and what the courts
[25:55.560 --> 26:04.080]  are doing out of hand is claiming that you only have three years to make a WESFA claim,
[26:04.080 --> 26:12.920]  but what we're saying is that WESFA forbid the charging of these amounts, therefore the
[26:12.920 --> 26:20.040]  client had a reasonable expectation that amounts that were forbidden to be charged would not
[26:20.040 --> 26:28.480]  be charged, and that they charged these fees, added them to the head of the note and charged
[26:28.480 --> 26:38.040]  interest on them every month, so every month would they collect a fee that is for a service
[26:38.040 --> 26:49.680]  not performed or was in any other manner fraudulently added to the note, that they renew the tort
[26:49.680 --> 26:57.760]  against the borrower by illegally committing illegal conversion of the borrower's personal
[26:57.760 --> 27:06.800]  property to their unjust enrichment, and this gets around statute limitations because we're
[27:06.800 --> 27:14.120]  not making a direct accusation of what they did back then, we're making an accusation
[27:14.120 --> 27:21.440]  of what they did the last time they made a claim for payment, this gets around statute
[27:21.440 --> 27:29.120]  limitations gets around equitable toll in, and we're trying to make an argument that
[27:29.120 --> 27:38.080]  gives claim outside of WESFA, because we just said my procedures act limits your statute
[27:38.080 --> 27:45.840]  limitations claim to three years, it generally takes longer than that to figure out fraud,
[27:45.840 --> 27:56.000]  so by claiming that by charging a fee they weren't allowed to charge, that's fraud, it's
[27:56.000 --> 28:00.960]  fraud when they did it, it's fraud today, and when they try to continue to collect on
[28:00.960 --> 28:07.760]  those amounts, it's still fraud, so the statute limitations have never told on this issue,
[28:07.760 --> 28:15.720]  not an issue under WESFA, but WESFA based fraud, primarily WESFA goes to disclosure,
[28:15.720 --> 28:21.520]  and it is the disclosure issue that you have a certain amount of time to raise an issue
[28:21.520 --> 28:31.760]  about, and an entity charges a fee they're not allowed to charge, then that doesn't
[28:31.760 --> 28:37.640]  need a WESFA remedy, that's a fraud remedy, and what the lawyers on the other side want
[28:37.640 --> 28:47.800]  to say is, is that because the restriction is in the WESFA code, then it's not fraud
[28:47.800 --> 28:51.640]  if you don't claim it within the statute limitations, and I think we in the end will
[28:51.640 --> 29:00.040]  win that argument, and when we were talking earlier about the claims that we can make,
[29:00.040 --> 29:05.920]  and how the courts should rule against us, we can expect the trial court to rule against
[29:05.920 --> 29:14.760]  us, we can expect that out of hand, but to go back to Dr. Graves in jurisdiction, everything
[29:14.760 --> 29:22.080]  we're doing in the trial court is setting the record for appeal, and appeal is where
[29:22.080 --> 29:28.560]  this is more likely to get purchased, because the appeals court judges have to be careful
[29:28.560 --> 29:35.920]  about their rulings, otherwise they create bad law, and everybody gets to use it, okay,
[29:35.920 --> 29:40.960]  we will, if we don't have any callers, I'll get to continue on the other side, this is
[29:40.960 --> 29:50.040]  Randy Kelks and Debra Stevens, Eddie Craig, rule of law radio, our call in numbers 512-646-1944,
[29:50.040 --> 29:51.040]  we'll be right back.
[29:51.040 --> 30:05.440]  I lost my son, my nephew, my uncle, my son, on September 11th, 2001, most people don't
[30:05.440 --> 30:11.200]  know that a third tower fell on September 11th, World Trade Center 7, a 47-story skyscraper
[30:11.200 --> 30:15.800]  was not hit by a plane, although the official explanation is that fire brought down building
[30:15.800 --> 30:21.200]  7, over 1200 architects and engineers has looked into the evidence, and believed there's more
[30:21.200 --> 30:22.200]  to the story.
[30:22.200 --> 30:28.240]  Bring justice to my son, my uncle, my nephew, my son, go to building what.org, why it fell,
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[30:44.360 --> 31:14.320]  or the life of someone you love.
[31:15.320 --> 31:19.640]  A stroke occurs when part of your brain is deprived of oxygen because of a blocked or
[31:19.640 --> 31:21.200]  broken blood vessel.
[31:21.200 --> 31:25.320]  The brain will start to die unless you get fast emergency medical treatment, so it's
[31:25.320 --> 31:27.520]  important to know these warning signs.
[31:27.520 --> 31:33.080]  Sudden numbness or weakness of the face, arm, or leg, especially on one side of the body,
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[31:39.160 --> 31:44.440]  sudden trouble walking, dizziness or loss of balance and coordination, and sudden severe
[31:44.440 --> 31:46.880]  headache with no known cause.
[31:46.880 --> 31:51.240]  If you or a loved one experiences any of these symptoms, call 9-1-1.
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[31:52.800 --> 32:20.800]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:22.800 --> 32:32.800]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:52.800 --> 33:18.880]  All right folks, we are back.
[33:18.880 --> 33:45.040]  This is
[33:45.040 --> 34:07.640]  a
[34:07.640 --> 34:18.640]  And one of them is, is where am I getting the idea that the current laws that we deal with in this are related to the 1925 session laws?
[34:18.640 --> 34:23.640]  And Mike, in Texas, we do see you there on the board, so give me just a second and I'll pull you up here.
[34:23.640 --> 34:35.640]  The answer to the question about why do I refer to the 1925 session laws is because the Texas law books have a certification in the front of them.
[34:35.640 --> 34:55.640]  The Vernon's Annotated Civil Statutes has in the front a certification page by the Texas Secretary of State that says all of the laws published in that book are a true and correct representation of the laws passed by the legislature in 1925.
[34:55.640 --> 35:03.640]  Now the other thing that needs to be considered is that the legislature almost never creates new law.
[35:03.640 --> 35:10.640]  They simply rewrite old law to read a new way.
[35:10.640 --> 35:16.640]  You're always hearing the thing, well, the laws have changed this year from what they were. Well, that's why.
[35:16.640 --> 35:20.640]  Very rarely do they create anything new.
[35:20.640 --> 35:38.640]  So in each of these particular books on Vernon's dealing with a particular subject in that code, you will find that the certifications say what session law that code is predominantly based on.
[35:38.640 --> 35:46.640]  And right now the 1925 session laws is what the code is predominantly based on.
[35:46.640 --> 35:59.640]  The actual session laws that exist since then are simply rewrites, amendments, or recodifications of those prior existing laws.
[35:59.640 --> 36:04.640]  So keep that in mind when you're doing your research and your reading.
[36:04.640 --> 36:14.640]  This poses the question, however, is why do none of the new statute books have that certification by the Secretary of State in the front?
[36:14.640 --> 36:22.640]  Why is the Secretary of State no longer certifying that the statutes that are being published are true and correct copies of the session laws?
[36:22.640 --> 36:27.640]  That should get you thinking and asking a whole lot of questions.
[36:27.640 --> 36:30.640]  Okay, right now we're going to go ahead and take Mike in Texas.
[36:30.640 --> 36:32.640]  Mike, what can we do for you?
[36:32.640 --> 36:44.640]  Oh, hi. I'm in a bit of a quandary. I don't know if there's anything that you guys could collectively help, collectively or singly.
[36:44.640 --> 36:48.640]  I've come enough to another pre-trial.
[36:48.640 --> 36:57.640]  I was arrested in January for having a tape recorder, digital recorder around my neck.
[36:57.640 --> 37:13.640]  And right now I have made requests to my, well, I consider him assistance of legal counsel, but he considers himself an attorney and that he represents me.
[37:13.640 --> 37:27.640]  But he's stated that he may file that I need to take mental competency tests or mental counseling and some of that,
[37:27.640 --> 37:34.640]  because I'm requesting a bond hearing, which he's agreed to back in March, and that was witnessed.
[37:34.640 --> 37:41.640]  I think this is basically a tactic for other issues.
[37:41.640 --> 37:48.640]  I was wondering, is there any suggestions anyone might have regarding preventing him from doing this?
[37:48.640 --> 37:51.640]  There is no absence of the record.
[37:51.640 --> 37:57.640]  Okay, have you looked at the bar grievance.net?
[37:57.640 --> 38:04.640]  I bargrewed him once, and I've got significant documents to bargrew and met multiple times.
[38:04.640 --> 38:12.640]  Go to bargrewance.net, it has a section in there on how your current attorney is supposed to deal with client.
[38:12.640 --> 38:17.640]  And it's all in question, so you can go through it really quickly.
[38:17.640 --> 38:19.640]  But look at that.
[38:19.640 --> 38:27.640]  I'm trying to, I put it together so I should remember all these, but I don't remember exactly what they said,
[38:27.640 --> 38:35.640]  but there are definite requirements for the attorney to follow the instructions of the client.
[38:35.640 --> 38:44.640]  For him to threaten you with the mental competency test because you demand that he ask for a bail hearing.
[38:44.640 --> 38:48.640]  Who's demanding a mental competency test?
[38:48.640 --> 38:50.640]  The defendant's own attorney.
[38:50.640 --> 38:53.640]  You tell him no.
[38:53.640 --> 38:58.640]  Yeah, but I think, telling him no is, I think...
[38:58.640 --> 38:59.640]  Wait a minute, wait a minute.
[38:59.640 --> 39:02.640]  How can your attorney demand anything of you?
[39:02.640 --> 39:03.640]  You're the boss.
[39:03.640 --> 39:05.640]  You're the client.
[39:05.640 --> 39:11.640]  Because he has a judge that is in cahoots with him, just like we know they do.
[39:11.640 --> 39:22.640]  The issue I think he's trying to ask about is what can he make objection-wise and what law can he cite in open court.
[39:22.640 --> 39:28.640]  He's using the record that shows this attorney has neither the authority nor grounds to demand this,
[39:28.640 --> 39:31.640]  and the judge has no authority or grounds to grant it.
[39:31.640 --> 39:33.640]  What about firing the attorney?
[39:33.640 --> 39:35.640]  That was going to be my question.
[39:35.640 --> 39:37.640]  How is he your attorney?
[39:37.640 --> 39:40.640]  Did you hire him or was he court-pointed?
[39:40.640 --> 39:42.640]  Court-pointed.
[39:42.640 --> 39:43.640]  Oh, good.
[39:43.640 --> 39:47.640]  Charge him with acting in concert and collusion with prosecution.
[39:47.640 --> 39:58.640]  I've got another bar grievance against him. You might look at sending him a tort letter noticing him of impending malpractice suit.
[39:58.640 --> 40:08.640]  Yeah, besides, switching an attorney is pretty much like asking for a different deck chair on the Titanic so you get a better view of the ocean.
[40:08.640 --> 40:12.640]  It just makes no dad-blame difference.
[40:12.640 --> 40:16.640]  Have you only filed one grievance against this guy?
[40:16.640 --> 40:18.640]  I've been trying to minimize it.
[40:18.640 --> 40:26.640]  I actually have a substantial stack of correspondence that I've communicated through FACTS that is documentable.
[40:26.640 --> 40:31.640]  Now, I do believe FACTS is considered a form of communication.
[40:31.640 --> 40:34.640]  Absolutely, absolutely, yes.
[40:34.640 --> 40:47.640]  I've made certain of that before I had gone through that process. One of the times he wanted to make me wait in the lobby for a long time and he had an American bar out there.
[40:47.640 --> 40:52.640]  It gave excellent information on how to bar grieve your own attorney.
[40:52.640 --> 40:56.640]  Randy, isn't there some way that you can just fire the court-pointed attorney?
[40:56.640 --> 41:06.640]  Yes, you can fire him, but it won't help you much. Better to beat him up and you hammer him with bar grievances and tort letter.
[41:06.640 --> 41:13.640]  Put him in a position where you're looking at him in his career if he don't do his job.
[41:13.640 --> 41:25.640]  Okay, yeah, but in the meantime, this guy is trying to railroad Mike into taking a psychic eval and we know that, Mike, you cannot agree to this.
[41:25.640 --> 41:30.640]  That is my only word to you tonight.
[41:30.640 --> 41:36.640]  If you want to know about psychic evals, there is an archive on our show.
[41:36.640 --> 41:47.640]  We had Dr. Bill Vieth, very close friend of ours, double PhD in psychology, talking about psychic evals and how they relate to the court system.
[41:47.640 --> 42:00.640]  No circumstances do not ever agree to take it. You can't do that because once you agree to take it, they can do anything to you.
[42:00.640 --> 42:05.640]  Right. I remember going to that in November 2011.
[42:05.640 --> 42:14.640]  There's no way to even appeal because once you're declared mentally incompetent, you lose your right to sign contracts.
[42:14.640 --> 42:20.640]  You can't even hire an attorney. You can't even get counsel to try to bail you out of the situation.
[42:20.640 --> 42:24.640]  Well, I think that's what they want to do. They want to make you declared incompetent so I can't...
[42:24.640 --> 42:26.640]  So don't take the psychic eval.
[42:26.640 --> 42:40.640]  Here's the deal. I believe it's in chapter 96 or 94 of the health code where it says this is exactly the same information we uncovered in relation to Carolyn Barnes's case.
[42:40.640 --> 42:46.640]  The law is extremely clear that the judge cannot grant that out of hand.
[42:46.640 --> 42:57.640]  If he grants anything, then there immediately must be held a trial in front of a jury for the purpose of determining competency.
[42:57.640 --> 43:05.640]  It must be found by a jury that you are incompetent. It cannot be found by a judge.
[43:05.640 --> 43:16.640]  Under Texas Mental Health Guidelines 573 and 574, they have a flowchart on the web that goes through that entire process.
[43:16.640 --> 43:22.640]  Don't trust their flowcharts if you haven't read it in conjunction with the statutes.
[43:22.640 --> 43:28.640]  Yeah. It's not just necessarily being declared mentally incompetent.
[43:28.640 --> 43:36.640]  They want me to forcibly take mental counseling at my own expense.
[43:36.640 --> 43:44.640]  Well, again, they can't force you to do that at your own expense without some grounds to show it's necessary.
[43:44.640 --> 43:47.640]  But hang on just a second, Mike. We'll pick this up on the other side.
[43:47.640 --> 43:59.640]  Hi, folks. This is Rule of Law Radio 512-646-1984. It's the call-in number. Karen, we do see you on the board. Hang in there. We'll get you when we're done with Mike. We'll be right back on the other side of the break.
[43:59.640 --> 44:03.640]  Are you the plaintiff or defendant in a lawsuit?
[44:03.640 --> 44:06.640]  Win your case without an attorney with jurisdiction.
[44:06.640 --> 44:14.640]  The affordable, easy-to-understand four-CD course that will show you how in 24 hours, step-by-step.
[44:14.640 --> 44:22.640]  If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer, know what you should do for yourself.
[44:22.640 --> 44:27.640]  Thousands have won with our step-by-step course, and now you can too.
[44:27.640 --> 44:33.640]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[44:33.640 --> 44:42.640]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[44:42.640 --> 44:51.640]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more.
[44:51.640 --> 44:55.640]  Please visit ruleoflawradio.com and click on the banner.
[44:55.640 --> 45:00.640]  Or call toll-free 866-LAW-EZ.
[45:00.640 --> 45:04.640]  Hey, did you hear? Ron Paul has announced he's running for president in 2012.
[45:04.640 --> 45:05.640]  It is Ron Paul.
[45:05.640 --> 45:11.640]  Really? Okay, put down the cell phone for one minute. Your friends really don't care about your Twitter updates on what you had for breakfast.
[45:11.640 --> 45:14.640]  Oh, but I'd love to make those little smiley faces with punctuation marks.
[45:14.640 --> 45:21.640]  Of course you do. Now, listen closely. You need to go down to Brave New Books and learn as much as you can about Ron Paul and his message before it's too late.
[45:21.640 --> 45:29.640]  They have all of his books and many of the books he talks about. They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[45:29.640 --> 45:32.640]  Brave New Books? Did they have Harry Potter and Twilight?
[45:32.640 --> 45:38.640]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[45:38.640 --> 45:41.640]  That sounds like that show on the Discovery Channel.
[45:41.640 --> 45:48.640]  Yeah, there's even a wilderness survival expert that teaches classes called Earthskills School that you can sign up for on the website, bravenewbookstore.com.
[45:48.640 --> 45:49.640]  What are you doing?
[45:49.640 --> 45:55.640]  I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore in person. Where's it located?
[45:55.640 --> 45:56.640]  1904, Guadalupe Street.
[45:56.640 --> 45:59.640]  There, it's sent. I even made a smiley face.
[45:59.640 --> 46:09.640]  Great.
[46:29.640 --> 46:34.640]  When I'm hungry, I like to know just what I'm fishing for.
[46:34.640 --> 46:40.640]  I ain't asking for much, I ain't trying to be no glutton.
[46:40.640 --> 46:46.640]  I'm just here making my living, pushing buttons.
[46:46.640 --> 46:51.640]  I get my message out, do anyone in the shout and distance.
[46:51.640 --> 46:57.640]  I'm both for bravery and against slavery to show resistance.
[46:57.640 --> 47:02.640]  First I'm rolling, then I'm walking, then I start strutting.
[47:02.640 --> 47:20.640]  I'm just so glad to make my living, pushing buttons.
[47:20.640 --> 47:28.640]  When sat down to play Monopoly, we all wanted to win the game. We gave some guy this money supply.
[47:28.640 --> 47:35.640]  Must have not been thinking of brains. After some time, worth of my time, got beat down to dinner.
[47:35.640 --> 47:42.640]  Nothing I might have been too known right to do. I make my living, pushing buttons.
[47:42.640 --> 47:51.640]  Yeah.
[47:51.640 --> 47:59.640]  Alright folks, we are back. This is Rule of Law Radio. 512-646-1984 is the call-in number.
[47:59.640 --> 48:02.640]  Right now we are talking to Mike in Texas.
[48:02.640 --> 48:07.640]  Okay, Mike, let's see if we can get this rounded out for you here.
[48:07.640 --> 48:15.640]  As you're well aware, if you don't grab ahold of this attorney and shake him till his teeth rattle, he's going to railroad you.
[48:15.640 --> 48:16.640]  Yep.
[48:16.640 --> 48:24.640]  So I got one question to ask you. What kind of attitude are you approaching him with on doing his job?
[48:24.640 --> 48:29.640]  Is it the one that I'm always talking to you about, or is it the one where you're in his face and say,
[48:29.640 --> 48:34.640]  you work for me whether you like it or not, and this is what you're going to do?
[48:34.640 --> 48:46.640]  Well, it's kind of a middle ground. I've had numerous meetings with him and he refuses to follow just basic motions that are constitutionally valid.
[48:46.640 --> 48:51.640]  He won't file any due process valid.
[48:51.640 --> 48:58.640]  You know, last time I spoke with him, he instructed me not to make any more open records requests,
[48:58.640 --> 49:04.640]  which I'd properly turn around and made as many as I could, and came up with some very interesting information.
[49:04.640 --> 49:10.640]  They're now trying to claim, apparently, that I had legal counsel.
[49:10.640 --> 49:16.640]  So they understand what I'm here to speak with you now, and a number of other things.
[49:16.640 --> 49:32.640]  But I've had judicial appearances for seven months, and there hasn't been, I don't know what to say, a quorum,
[49:32.640 --> 49:37.640]  where my attorney and myself, the prosecutor and the judge, have met yet.
[49:37.640 --> 49:42.640]  It's all the visiting judges, which just need to move it out to the next court.
[49:42.640 --> 49:46.640]  Okay, Mike, Mike, Mike, I'd like to make a suggestion here.
[49:46.640 --> 49:47.640]  Okay, I want to back up.
[49:47.640 --> 49:48.640]  Okay.
[49:48.640 --> 49:57.640]  Because a few minutes ago, when you were answering Eddie's question about the attitude, how you're taking with the attorney,
[49:57.640 --> 50:02.640]  your answer to Eddie's question was a middle ground.
[50:02.640 --> 50:09.640]  Okay, if I could please make a suggestion, constructive criticism, this isn't legal advice.
[50:09.640 --> 50:14.640]  There ain't no middle ground, okay?
[50:14.640 --> 50:17.640]  No middle ground, period.
[50:17.640 --> 50:20.640]  No quarter, no holds barred.
[50:20.640 --> 50:21.640]  It's all or nothing.
[50:21.640 --> 50:24.640]  Mike, you have got to take control of your case.
[50:24.640 --> 50:26.640]  Attorney or no attorney?
[50:26.640 --> 50:29.640]  Okay, I don't know anything that much about your case.
[50:29.640 --> 50:37.640]  But either you got to fire this dude, or if you're not going to fire him, you have got to take control of the situation.
[50:37.640 --> 50:39.640]  You are the client.
[50:39.640 --> 50:41.640]  He is your attorney.
[50:41.640 --> 50:43.640]  He works for you.
[50:43.640 --> 50:45.640]  There's no middle ground.
[50:45.640 --> 50:47.640]  Okay, you're the boss.
[50:47.640 --> 50:53.640]  And if you're not going to be the boss, then I'm sorry, I don't see how we can help you.
[50:53.640 --> 50:55.640]  You've got to take control of the situation.
[50:55.640 --> 51:01.640]  I don't mean to be hard on you, but look, people, we don't have time, man.
[51:01.640 --> 51:03.640]  Our republic is dying.
[51:03.640 --> 51:07.640]  All right, and we want to help as many people as we can, but this is the way it is.
[51:07.640 --> 51:11.640]  There is no middle ground anymore.
[51:11.640 --> 51:15.640]  We don't have people, and I'm just saying this in general, and this isn't just for you, Mike.
[51:15.640 --> 51:17.640]  This is for everybody.
[51:17.640 --> 51:23.640]  None of us have time anymore to straddle the fence, okay?
[51:23.640 --> 51:31.640]  We all have to make a decision which side we're on and make a full commitment one way or the other.
[51:31.640 --> 51:35.640]  And if you can't make that full commitment, well, I'll tell you what,
[51:35.640 --> 51:39.640]  the bad guys are going to pull you onto their side of the fence.
[51:39.640 --> 51:41.640]  You're not going to be able to straddle the fence.
[51:41.640 --> 51:43.640]  There's no middle ground. There's no such thing as middle ground.
[51:43.640 --> 51:45.640]  So that's what I've got to say.
[51:45.640 --> 51:47.640]  Randy, comments?
[51:47.640 --> 51:51.640]  Well, I tend to agree.
[51:51.640 --> 51:53.640]  I don't like the idea of firing the attorney.
[51:53.640 --> 51:57.640]  I like the idea of kicking the attorneys butt.
[51:57.640 --> 52:01.640]  If you're going to, one thing about bar grievances,
[52:01.640 --> 52:05.640]  never tell him you're going to file a bar grievance.
[52:05.640 --> 52:09.640]  Don't try to use that as leverage in any kind of situation.
[52:09.640 --> 52:11.640]  Just file one.
[52:11.640 --> 52:13.640]  When he steps across the line, file it.
[52:13.640 --> 52:17.640]  Go to bargreevens.net.
[52:17.640 --> 52:23.640]  I've converted the American Bar Association model standards to questions,
[52:23.640 --> 52:27.640]  and these have been adopted by the Texas Bar Association.
[52:27.640 --> 52:29.640]  And just go down the questions.
[52:29.640 --> 52:31.640]  Did he do this? Did he do this?
[52:31.640 --> 52:33.640]  You'll find things in there.
[52:33.640 --> 52:35.640]  I think that will surprise you.
[52:35.640 --> 52:38.640]  And I don't have it quite automated yet,
[52:38.640 --> 52:41.640]  but from the questions you answer yes to,
[52:41.640 --> 52:48.640]  you can pull those and construct a complaint against him
[52:48.640 --> 52:53.640]  based on the standard that he's violating.
[52:53.640 --> 52:57.640]  And just file it. Don't say anything to him about it.
[52:57.640 --> 52:59.640]  It's a problem he has.
[52:59.640 --> 53:01.640]  You filed the grievance against him,
[53:01.640 --> 53:03.640]  and never say anything to him about it.
[53:03.640 --> 53:06.640]  He's forbidden to say anything to you about it.
[53:06.640 --> 53:08.640]  That's true.
[53:08.640 --> 53:12.640]  And this is what I told the attorney when I had him appoint me one.
[53:12.640 --> 53:14.640]  He's telling me how things are going to go,
[53:14.640 --> 53:17.640]  and I told him, no, no, no, that's not how it's going to go.
[53:17.640 --> 53:20.640]  Then Mr. Kelton said, this is how it's going to go.
[53:20.640 --> 53:22.640]  You're going to go to that judge and ask that judge
[53:22.640 --> 53:25.640]  to remove you from this case.
[53:25.640 --> 53:27.640]  And when you do, I'm going to tell that judge,
[53:27.640 --> 53:29.640]  don't you dare remove him from this case.
[53:29.640 --> 53:32.640]  This is my attorney of choice, and he's under contract.
[53:32.640 --> 53:35.640]  Well, Mr. Kelton, I'm not under contract with you.
[53:35.640 --> 53:37.640]  I'm under contract with the state. That's right you are.
[53:37.640 --> 53:42.640]  And I'm the intended third party beneficiary of the contract.
[53:42.640 --> 53:49.640]  So he looked at me like, this guy's going to get me disbarred.
[53:49.640 --> 53:53.640]  And then after that, I told him that I had these motions in,
[53:53.640 --> 54:00.640]  and he would adequately adjudicate every single due process in violation
[54:00.640 --> 54:03.640]  by grieving for each one.
[54:03.640 --> 54:07.640]  And that was all the warning he would get.
[54:07.640 --> 54:12.640]  If I had a grievance, I'd never mention it to him, I'd just file it.
[54:12.640 --> 54:14.640]  Well, that's how it worked.
[54:14.640 --> 54:16.640]  And that's typically how I write up our grievance.
[54:16.640 --> 54:20.640]  I'll cite their ethics, and then I'll cite the infraction.
[54:20.640 --> 54:22.640]  So it's cleaner.
[54:22.640 --> 54:25.640]  Yeah, and Mike, you may want to consider filing malpractice charges
[54:25.640 --> 54:27.640]  against them too, a civil suit.
[54:27.640 --> 54:29.640]  You know what, Randy?
[54:29.640 --> 54:32.640]  I think we need to do another show on causes of action
[54:32.640 --> 54:35.640]  of malpractice against attorneys.
[54:35.640 --> 54:38.640]  That was one of the best shows we ever did,
[54:38.640 --> 54:40.640]  and we didn't even finish getting through the whole book.
[54:40.640 --> 54:43.640]  There are so many causes.
[54:43.640 --> 54:47.640]  I mean, there's literally thousands, maybe even tens of thousands,
[54:47.640 --> 54:52.640]  of causes of action, of malpractices against attorneys.
[54:52.640 --> 54:55.640]  Okay, Randy, when we did that show, I'll tell you what.
[54:55.640 --> 55:01.640]  Anybody who reads that book, or even a few pages of the book,
[55:01.640 --> 55:05.640]  about how many causes of action of malpractice against attorneys,
[55:05.640 --> 55:07.640]  I would never become an attorney.
[55:07.640 --> 55:11.640]  They're so vulnerable.
[55:11.640 --> 55:14.640]  But the point, Mike, is that where the bar grievance,
[55:14.640 --> 55:17.640]  whether you file civil lawsuits for malpractice,
[55:17.640 --> 55:23.640]  whether you fire the guy, whatever the appropriate strategy is
[55:23.640 --> 55:27.640]  in your case, the point is you have to take control.
[55:27.640 --> 55:30.640]  You have to take control of the situation.
[55:30.640 --> 55:35.640]  And figure out, Mike, this guy is not on your side.
[55:35.640 --> 55:36.640]  He's not on your side.
[55:36.640 --> 55:37.640]  He's never going to be.
[55:37.640 --> 55:39.640]  He's on his side.
[55:39.640 --> 55:41.640]  And we're not saying he's a bad guy.
[55:41.640 --> 55:45.640]  We're saying he's trapped in a system he didn't create.
[55:45.640 --> 55:47.640]  And if he doesn't do what the judge likes,
[55:47.640 --> 55:48.640]  they won't appoint him.
[55:48.640 --> 55:50.640]  They'll take him off the apartment wheel.
[55:50.640 --> 55:52.640]  You just got to let him know who's boss.
[55:52.640 --> 55:56.640]  And so what you do is put him in a position
[55:56.640 --> 55:58.640]  to where he has to go to the judge and say,
[55:58.640 --> 56:02.640]  judge, this guy's kicking my behind.
[56:02.640 --> 56:06.640]  And then the judge winds up having to protect your attorney
[56:06.640 --> 56:07.640]  from you.
[56:07.640 --> 56:11.640]  That's exactly what happened in my case.
[56:11.640 --> 56:13.640]  They dismissed the case because they didn't want me
[56:13.640 --> 56:17.640]  to crucify the attorney.
[56:17.640 --> 56:19.640]  So be bad.
[56:19.640 --> 56:20.640]  Be macho.
[56:20.640 --> 56:22.640]  Kick his behind.
[56:22.640 --> 56:24.640]  You can't lose anything.
[56:24.640 --> 56:26.640]  He's trying to screw you anyway.
[56:26.640 --> 56:28.640]  Yeah.
[56:28.640 --> 56:30.640]  Well, I just want to finish up with this and say that
[56:30.640 --> 56:34.640]  my other TSA case just doesn't apply to anybody.
[56:34.640 --> 56:36.640]  I'm in the third court of appeals.
[56:36.640 --> 56:37.640]  It is accepted.
[56:37.640 --> 56:41.640]  And my documents consume an entire banker box,
[56:41.640 --> 56:44.640]  document box.
[56:44.640 --> 56:46.640]  Wonderful.
[56:46.640 --> 56:49.640]  And they get the same thing here.
[56:49.640 --> 56:54.640]  They're trying to, they really need you declared incompetent.
[56:54.640 --> 56:57.640]  Yeah, they want me not to be able to file.
[56:57.640 --> 57:02.640]  Yeah, they need that and they know they need it.
[57:02.640 --> 57:04.640]  Don't let them have that.
[57:04.640 --> 57:07.640]  Mike, whatever you do, do not agree to take a mental
[57:07.640 --> 57:09.640]  competency exam.
[57:09.640 --> 57:11.640]  Well, of course I wouldn't.
[57:11.640 --> 57:14.640]  For the obvious reason that if you even give them
[57:14.640 --> 57:16.640]  the opportunity to speak with you, they can declare
[57:16.640 --> 57:19.640]  whatever opinion they wish.
[57:19.640 --> 57:22.640]  So that, you know, the primary thing is not to ever
[57:22.640 --> 57:24.640]  give them that opportunity.
[57:24.640 --> 57:27.640]  But from my understanding, the correspondence from my attorney
[57:27.640 --> 57:32.640]  is that I would be forcibly required to do this.
[57:32.640 --> 57:35.640]  That should get a bar grievance.
[57:35.640 --> 57:37.640]  That should get a malpractice suit.
[57:37.640 --> 57:39.640]  They can, okay.
[57:39.640 --> 57:41.640]  That sounds like a terroristic threat.
[57:41.640 --> 57:48.640]  A psychological evaluation that is not done voluntarily
[57:48.640 --> 57:52.640]  is absolutely worthless.
[57:52.640 --> 57:54.640]  Yeah, absolutely.
[57:54.640 --> 57:58.640]  So for him to say that, that should get a bar grievance.
[57:58.640 --> 58:02.640]  Well, you know, as this fair wanted to ask somebody,
[58:02.640 --> 58:06.640]  who decides the bond status can't be the property
[58:06.640 --> 58:08.640]  to be considered judiciary.
[58:08.640 --> 58:09.640]  It's pretty trial, right?
[58:09.640 --> 58:12.640]  So...
[58:12.640 --> 58:14.640]  No, wait, we need to clarify.
[58:14.640 --> 58:16.640]  Who establishes the bond?
[58:16.640 --> 58:18.640]  Yeah, my attorney...
[58:18.640 --> 58:20.640]  Bond for what?
[58:20.640 --> 58:24.640]  Personal reticence of bond.
[58:24.640 --> 58:26.640]  Oh, PR bond?
[58:26.640 --> 58:28.640]  That would be the magistrate, right, Randy?
[58:28.640 --> 58:32.640]  Bond is taken by a magistrate after an examining trial.
[58:32.640 --> 58:36.640]  But a judge in habeas corpus by a police officer
[58:36.640 --> 58:38.640]  under 1720, 2122.
[58:38.640 --> 58:39.640]  That's it.
[58:39.640 --> 58:42.640]  Okay, Mike, listen, we're coming up to the top of the hour.
[58:42.640 --> 58:44.640]  We've got some other callers on the line.
[58:44.640 --> 58:47.640]  We've got Karen, Jay, Dan, and others.
[58:47.640 --> 58:50.640]  We're going into our final hour of Rule of Law,
[58:50.640 --> 58:52.640]  ruleoflawradio.com.
[58:52.640 --> 58:55.640]  We'll be right back after I&N World Report News.
[58:59.640 --> 59:03.640]  The Bible remains the most popular book in the world.
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[59:57.640 --> 01:00:00.640]  That's freestudybible.com.
[01:00:00.640 --> 01:00:04.640]  This news brief brought to you by the International News Network.
[01:00:04.640 --> 01:00:07.640]  CNN reported at least 50 people were killed Thursday
[01:00:07.640 --> 01:00:09.640]  in a U.S. drone strike in southern Yemen
[01:00:09.640 --> 01:00:11.640]  that targeted a police station
[01:00:11.640 --> 01:00:14.640]  occupied by suspected al-Qaeda fighters.
[01:00:14.640 --> 01:00:19.640]  Eyewitnesses said at least 30 civilians hiding from the attacks were among the dead.
[01:00:19.640 --> 01:00:23.640]  The Yemeni government claimed its air force had conducted the raid.
[01:00:23.640 --> 01:00:26.640]  Meanwhile, protests against Ali Abdullah Saleh's regime
[01:00:26.640 --> 01:00:31.640]  flared up Friday with thousands taking to the streets after prayers.
[01:00:31.640 --> 01:00:36.640]  Chinese state media reported Friday a huge oil spill off the Chinese coast
[01:00:36.640 --> 01:00:41.640]  as now contaminated an area six times the size of Singapore.
[01:00:41.640 --> 01:00:46.640]  The spill from the oil field operated by U.S. oil giant Conoco Phillips
[01:00:46.640 --> 01:00:49.640]  and China's state-run oil giant CNOOC
[01:00:49.640 --> 01:00:53.640]  has polluted an area of over 1,600 square miles.
[01:00:53.640 --> 01:00:57.640]  The spill was kept secret by authorities for several weeks
[01:00:57.640 --> 01:01:01.640]  triggering accusations of an official cover-up.
[01:01:01.640 --> 01:01:06.640]  Colombian Army Colonel Luis Fernando Borja was sentenced to 21 years
[01:01:06.640 --> 01:01:10.640]  for murdering 57 civilians, then dressing them in uniforms
[01:01:10.640 --> 01:01:12.640]  and claiming they were rebels.
[01:01:12.640 --> 01:01:17.640]  Borja is the most senior officer convicted in the false positive scandal
[01:01:17.640 --> 01:01:21.640]  in which soldiers were rewarded according to the number of rebels they killed.
[01:01:21.640 --> 01:01:25.640]  Colombian Attorney General is investigating more than 1,400 cases
[01:01:25.640 --> 01:01:31.640]  involving thousands of victims that occurred during President Alvaro Uribe's administration.
[01:01:31.640 --> 01:01:36.640]  The phone hacking scandal that has ignited a political firestorm in Britain
[01:01:36.640 --> 01:01:40.640]  jumped the Atlantic Thursday as the FBI opened an investigation
[01:01:40.640 --> 01:01:44.640]  into whether British reporters tried to access cell phone messages
[01:01:44.640 --> 01:01:48.640]  and records of victims of 9-11 and a violation of U.S. law.
[01:01:48.640 --> 01:01:52.640]  The preliminary probe further rattled the New York-based media empire of Rupert Murdoch
[01:01:52.640 --> 01:01:56.640]  who was forced this week to withdraw his $12 billion bid
[01:01:56.640 --> 01:01:59.640]  to take over Britain's largest satellite broadcaster
[01:01:59.640 --> 01:02:02.640]  and raises new questions about the future of News Corp.
[01:02:02.640 --> 01:02:07.640]  U.S. officials said the FBI is trying to determine if a full investigation is warranted.
[01:02:07.640 --> 01:02:13.640]  The unfolding scandal pushed the company stock down another 3% Thursday.
[01:02:13.640 --> 01:02:16.640]  Egyptians gathered in Cairo's Terrier Square Friday
[01:02:16.640 --> 01:02:19.640]  frustrated at the lack of significant change
[01:02:19.640 --> 01:02:22.640]  since the ousting of former President José Mubarak.
[01:02:22.640 --> 01:02:27.640]  Among demonstrators' key demands are an end to the military trials of civilians
[01:02:27.640 --> 01:02:31.640]  and open and speedy trials of former regime officials.
[01:02:31.640 --> 01:02:35.640]  Although the government has taken some measures to instill change and appease dissenters,
[01:02:35.640 --> 01:02:38.640]  many Egyptians feel they haven't gone far enough.
[01:02:38.640 --> 01:02:41.640]  The relationship between the people and the post-revolution administration
[01:02:41.640 --> 01:02:46.640]  was made especially tense by police use of tear gas and rubber bullets
[01:02:46.640 --> 01:02:53.640]  against protesting family members of those who died in the February uprising in Terrier on June 28
[01:02:53.640 --> 01:03:17.640]  as well as last month's mass protests by striking workers in Suez City.
[01:03:24.640 --> 01:03:30.640]  Yes, a story for everyone to hear
[01:03:30.640 --> 01:03:35.640]  about how we're not going to give in to the fear.
[01:03:35.640 --> 01:03:39.640]  Yes, a story.
[01:03:39.640 --> 01:03:44.640]  That's why I'm glad to be here today.
[01:03:44.640 --> 01:03:51.640]  I'm alive by my father's count until he returns.
[01:03:51.640 --> 01:03:59.640]  Okay, we're back.
[01:03:59.640 --> 01:04:02.640]  Randy Kelton, Debra Steed and Zedda Craig, we have the radio.
[01:04:02.640 --> 01:04:04.640]  Mike dropped off.
[01:04:04.640 --> 01:04:08.640]  We're going to go to Karen in Texas.
[01:04:08.640 --> 01:04:14.640]  Karen, what do you have for us?
[01:04:14.640 --> 01:04:18.640]  Karen, are you there?
[01:04:18.640 --> 01:04:21.640]  Looks like she's having a problem. She's been dropping off as well.
[01:04:21.640 --> 01:04:23.640]  Maybe she'll call back in.
[01:04:23.640 --> 01:04:29.640]  Okay, that case we're going to go to Dan in Connecticut.
[01:04:29.640 --> 01:04:33.640]  Dan, it's back. Did you think of something that you missed?
[01:04:33.640 --> 01:04:37.640]  Yes, I did. As a matter of fact, some common mortgages,
[01:04:37.640 --> 01:04:42.640]  defenses that Connecticut has recognized in its courts.
[01:04:42.640 --> 01:04:44.640]  Oh, interesting.
[01:04:44.640 --> 01:04:49.640]  Yes, the first one goes to accident, mistake and circumstance.
[01:04:49.640 --> 01:04:54.640]  Again, a lot of this I'm offering per the disclaimer on your network.
[01:04:54.640 --> 01:04:59.640]  I just want to put this out there because of things that I've seen
[01:04:59.640 --> 01:05:04.640]  in terms of what I've successfully helped people use.
[01:05:04.640 --> 01:05:10.640]  The first one goes to a case called the Boston Bank v. Pruitt.
[01:05:10.640 --> 01:05:16.640]  That is the 1999 Connecticut Super Lexus 2196.
[01:05:16.640 --> 01:05:21.640]  That's in the Superior Court Judicial District at Tolland in Rockville.
[01:05:21.640 --> 01:05:26.640]  The docket number there is 067795.
[01:05:26.640 --> 01:05:32.640]  In that case, the court held that a special defense that alleged the defendant
[01:05:32.640 --> 01:05:37.640]  had reinstated his note mortgage and then tender payment
[01:05:37.640 --> 01:05:40.640]  basically is a proper defense.
[01:05:40.640 --> 01:05:46.640]  In other words, if you try to make a payment and the bank refuses it,
[01:05:46.640 --> 01:05:49.640]  it's not rejectable.
[01:05:49.640 --> 01:05:55.640]  A good faith effort to make a payment is a proper defense.
[01:05:55.640 --> 01:05:57.640]  It's also a special defense.
[01:05:57.640 --> 01:06:02.640]  That, of course, was cited in Bankers Trust Company v. Mednick.
[01:06:02.640 --> 01:06:08.640]  That was in 1998, Connecticut Super Lexus 2995.
[01:06:08.640 --> 01:06:13.640]  That particular case was tried in New Haven at Meridan.
[01:06:13.640 --> 01:06:15.640]  That's New Haven County.
[01:06:15.640 --> 01:06:21.640]  The docket number is 254012.
[01:06:21.640 --> 01:06:25.640]  The other defense that Connecticut has recognized is
[01:06:25.640 --> 01:06:28.640]  unconscious ability, believe it or not.
[01:06:28.640 --> 01:06:35.640]  Unconscious ability is interesting because you don't even need to plead it at all.
[01:06:35.640 --> 01:06:36.640]  You don't even need to cite it.
[01:06:36.640 --> 01:06:39.640]  The court has discretion to take it.
[01:06:39.640 --> 01:06:42.640]  As far as the unconscious ability defense goes,
[01:06:42.640 --> 01:06:48.640]  that came into play in immigrant mortgage company v. Janus Karzmara.
[01:06:48.640 --> 01:06:56.640]  The citation for Lexus is 2005, Connecticut Super Lexus 1084.
[01:06:56.640 --> 01:07:03.640]  Okay, going to unconscious ability, what did they define as unconscionable?
[01:07:03.640 --> 01:07:06.640]  Because that's kind of a broad term.
[01:07:06.640 --> 01:07:11.640]  For those who don't know, unconscionable tends to go to a situation
[01:07:11.640 --> 01:07:20.640]  where one side receives a benefit that the other side doesn't equally benefit from.
[01:07:20.640 --> 01:07:26.640]  Where they put something in the contract that helps one side of it, the slop side,
[01:07:26.640 --> 01:07:29.640]  so that one side gets an unfair advantage from the contract.
[01:07:29.640 --> 01:07:32.640]  But how would you define that?
[01:07:32.640 --> 01:07:35.640]  It's a tricky term for me.
[01:07:35.640 --> 01:07:41.640]  Believe it or not, I had to look up to see how other states have dealt with it.
[01:07:41.640 --> 01:07:47.640]  For example, the state of California dealt with that term in terms of adhesion contracts.
[01:07:47.640 --> 01:07:54.640]  When I use the term adhesion contract, that's pretty much take it or leave it.
[01:07:54.640 --> 01:08:00.640]  We're at Google or we're Amazon.com.
[01:08:00.640 --> 01:08:06.640]  We have insane amounts of bargaining power and you don't.
[01:08:06.640 --> 01:08:13.640]  Your only choices are you can take the contract and you can accept the terms of the loan
[01:08:13.640 --> 01:08:21.640]  or you cannot and nobody else will give it to you and therefore you could lose the right to,
[01:08:21.640 --> 01:08:23.640]  or lose the ability.
[01:08:23.640 --> 01:08:26.640]  I don't want to say right because of the definition of it,
[01:08:26.640 --> 01:08:31.640]  but you could lose the ability to refinance your property.
[01:08:31.640 --> 01:08:42.640]  This is a situation where you're forced into accepting a contract that you ordinarily wouldn't accept.
[01:08:42.640 --> 01:08:44.640]  Exactly.
[01:08:44.640 --> 01:08:49.640]  But there's more to unconscionability.
[01:08:49.640 --> 01:09:04.640]  For instance, when it was in Australia, all of their contracts authorized the bank to change the percentage after WIM, essentially.
[01:09:04.640 --> 01:09:11.640]  They were looking for a way to deal with that and the way to deal with it would go to unconscionability.
[01:09:11.640 --> 01:09:19.640]  While the bank has the contractual authority to change the interest whenever they want to,
[01:09:19.640 --> 01:09:32.640]  if they change the interest, they have to show that it was conscionable in that something having to do with the way they have to buy their money.
[01:09:32.640 --> 01:09:46.640]  If their money got more expensive, then they could change the amount of interest they're charging you so that they wind up making essentially the same profit.
[01:09:46.640 --> 01:09:51.640]  In that way, they're spreading the cost and it's not unconscionable.
[01:09:51.640 --> 01:10:01.640]  But if they just arbitrarily increase the interest, that would be unconscionable because one side receives a benefit and the other one doesn't.
[01:10:01.640 --> 01:10:03.640]  Does that make sense?
[01:10:03.640 --> 01:10:05.640]  Yeah, that makes sense.
[01:10:05.640 --> 01:10:15.640]  But another thing I want to bring up, and this is the only reason I even found out these citations because I checked the work of lazy attorneys.
[01:10:15.640 --> 01:10:23.640]  And it turns out, believe it or not, I ended up hitting the goldmine on this and it was a really unlikely situation.
[01:10:23.640 --> 01:10:30.640]  I was helping a person who happened to be involved in a tax foreclosure, a municipal tax foreclosure.
[01:10:30.640 --> 01:10:41.640]  And the odd thing about it is this particular attorney that went after this person I was helping cited Connecticut General Practice Book Section 378.
[01:10:41.640 --> 01:10:51.640]  There's only one problem with Connecticut General Practice Book 378 and that problem is it doesn't exist.
[01:10:51.640 --> 01:10:55.640]  So was that a typo?
[01:10:55.640 --> 01:10:57.640]  That was not a typo.
[01:10:57.640 --> 01:11:06.640]  I actually challenged it on that and it turns out the attorney was so embarrassed about it that the attorney basically said,
[01:11:06.640 --> 01:11:10.640]  okay, just pay me my fees and this will be all over.
[01:11:10.640 --> 01:11:14.640]  And you can work things out with the town.
[01:11:14.640 --> 01:11:22.640]  I wrote up a motion questioning this particular attorney on that and it actually worked out.
[01:11:22.640 --> 01:11:34.640]  But the attorney wrote up, I guess the term for it would be a pro-form emotion or something that was boiler boy.
[01:11:34.640 --> 01:11:43.640]  But I did check the citations and the attorney tried to say, oh, well, this person doesn't have the defense of unconscious inability,
[01:11:43.640 --> 01:11:52.640]  which totally wasn't true, or oh, this person doesn't have the defense of trying to make a payment, which is totally not true either.
[01:11:52.640 --> 01:11:54.640]  She tried to make a payment.
[01:11:54.640 --> 01:12:04.640]  The thing that happened here is the attorney decided I want to generate legal fees, but I don't want this woman to catch up with the taxes.
[01:12:04.640 --> 01:12:12.640]  So basically what would have happened if this attorney was allowed to foreclose was he would have generated all sorts of legal fees
[01:12:12.640 --> 01:12:16.640]  and this woman would have lost her property.
[01:12:16.640 --> 01:12:28.640]  And at the same time, the town wouldn't have able to have collected taxes because nobody would have been able to occupy the property and pay taxes on it.
[01:12:28.640 --> 01:12:38.640]  So essentially the only winner here would have been the attorney unless I was able to get in there and intervene with help.
[01:12:38.640 --> 01:12:50.640]  And believe it or not, I think considering what I've seen out here in Connecticut, this sort of abuse is only second to the mortgage fraud.
[01:12:50.640 --> 01:13:01.640]  You know, because basically what the municipalities want to do, or the towns want to do, or the town attorneys want to do is what I guess I should be saying
[01:13:01.640 --> 01:13:09.640]  is the town attorneys want to come in, they want to file foreclosure actions, they want to, you know, try to rack up the fees,
[01:13:09.640 --> 01:13:20.640]  and in turn, you know, the only way people can keep their properties is to pay off the attorneys and then start paying their taxes.
[01:13:20.640 --> 01:13:32.640]  So the attorney can draw his fee first or does he have to do some song and dance to put you in a position to where he gets his pay without regard to the municipality?
[01:13:32.640 --> 01:13:36.640]  Exactly. That's the way the attorneys have been structuring it out here.
[01:13:36.640 --> 01:13:48.640]  It's a disturbing form of abuse that I've discovered, but nonetheless I've been trying to help people fight that out here.
[01:13:48.640 --> 01:13:52.640]  Have you been bar-grieving the attorneys every time they turn around?
[01:13:52.640 --> 01:14:05.640]  Me personally, that's a process that I've personally been starting since I've been, you know, made aware of it as the secondary or primary party,
[01:14:05.640 --> 01:14:15.640]  but nonetheless I have been helping people try to, you know, start to process that, but that goes to a point that I did want to bring up.
[01:14:15.640 --> 01:14:23.640]  I did find two separate property owners that have encountered the same circumstance in Norwich, Connecticut,
[01:14:23.640 --> 01:14:31.640]  and in Norwich, Connecticut, the way that this one law firm has been working it is that the law firm's name,
[01:14:31.640 --> 01:14:36.640]  I'm going to go out and name names because I think it's appropriate at this point because they've been so abusive,
[01:14:36.640 --> 01:14:39.640]  the law firm is Brown Jacobson PC.
[01:14:39.640 --> 01:14:50.640]  Brown Jacobson PC has been going after property owners. The first property owner that I discovered was a for-profit that was trying to rent properties.
[01:14:50.640 --> 01:15:00.640]  The second property owner would believe it or not was a non-profit trying to provide low-cost affordable housing to the disabled.
[01:15:00.640 --> 01:15:09.640]  And basically Brown Jacobson PC, what they did to this one non-profit is they basically told the tax assessor,
[01:15:09.640 --> 01:15:14.640]  this guy and his organization, they're not supposed to be a non-profit.
[01:15:14.640 --> 01:15:22.640]  So they yanked the non-profit status despite being recognized by the IRS and the state of Connecticut as such.
[01:15:22.640 --> 01:15:30.640]  So what they did is they said, okay, he's not a non-profit. There was no hearing on this guy's status.
[01:15:30.640 --> 01:15:40.640]  So they turned around and they decided we're going to go after him for taxes between 2011 back to 2005.
[01:15:40.640 --> 01:15:46.640]  So we've got two different people that are filing bar grievances against this law firm.
[01:15:46.640 --> 01:15:51.640]  Wait a minute. Wait a minute. That's baritry.
[01:15:51.640 --> 01:15:56.640]  Exactly. That's what went into the bleeding.
[01:15:56.640 --> 01:16:03.640]  When you advise a client to take an action that will create litigation from which you profit, that's baritry.
[01:16:03.640 --> 01:16:09.640]  Exactly. That's what I made a point of mentioning this.
[01:16:09.640 --> 01:16:13.640]  You should have, did you file, that's criminal.
[01:16:13.640 --> 01:16:15.640]  Yep.
[01:16:15.640 --> 01:16:18.640]  You should be filing criminal charges against these guys.
[01:16:18.640 --> 01:16:21.640]  Exactly. That'll get their attention.
[01:16:21.640 --> 01:16:28.640]  Yep. And believe it or not, the non-profit, they're ready to fight. And it was kind of sad.
[01:16:28.640 --> 01:16:34.640]  You know, because I was helping this non-profit out, this non-profit was referred by the first person.
[01:16:34.640 --> 01:16:43.640]  And I hear the music, but nonetheless, it's an important story. I think we should continue.
[01:16:43.640 --> 01:16:50.640]  Okay. We'll hang you on to the other side. This is Randy Kelton, Debbie Stephens, Eddie Craig, Rural Law Radio.
[01:16:50.640 --> 01:16:59.640]  Our call-in number is 512-646-1984. Give us a call. We'll be right back.
[01:16:59.640 --> 01:17:06.640]  Capital Coin and Bullion is your local source for rare coins, precious metals, and coin supplies in the Austin Metro area.
[01:17:06.640 --> 01:17:13.640]  We also ship worldwide. We're a family-owned and operated business that offers competitive prices on your coin and metals purchases.
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[01:17:19.640 --> 01:17:27.640]  We're now located at 7304 Burnett Road, Suite A, 1.2 miles north on Burnett from our previous location.
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[01:17:38.640 --> 01:17:44.640]  You're welcome to stop in during regular business hours or call 512-646-6440.
[01:17:44.640 --> 01:17:49.640]  Ask for Chad or Becky and say that you heard about us on Rural Law Radio or Texas Liberty Radio.
[01:17:49.640 --> 01:17:55.640]  That's Capital Coin and Bullion at our new location at 7304 Burnett Road, Suite A.
[01:17:55.640 --> 01:17:59.640]  Or call 512-646-6440.
[01:17:59.640 --> 01:18:04.640]  My name is Randall Kelton and I co-host on Rural Law Radio.
[01:18:04.640 --> 01:18:09.640]  We specialize in showing people how to strike back against corrupt public officials.
[01:18:09.640 --> 01:18:15.640]  With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.
[01:18:15.640 --> 01:18:20.640]  If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.
[01:18:20.640 --> 01:18:29.640]  But there is a remedy. Go to remediesinrealestate.com or call me at 512-430-4140
[01:18:29.640 --> 01:18:36.640]  and find out how to use the consumer protection laws to recover what the lenders have stolen through fraud and deception.
[01:18:36.640 --> 01:18:43.640]  We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime.
[01:18:43.640 --> 01:18:47.640]  Lender fraud is bankrupting this country and it's time to fight back.
[01:18:47.640 --> 01:18:54.640]  Go to remediesinrealestate.com or call 512-430-4140
[01:18:54.640 --> 01:19:02.640]  and get the information you need to stop the money changers in their tracks.
[01:19:02.640 --> 01:19:28.640]  Oh, come on.
[01:19:28.640 --> 01:19:33.640]  Okay, this is Randy Kelton, W. Steele and Zady Craig, Rural Law Radio.
[01:19:33.640 --> 01:19:36.640]  We're talking to Dan in Connecticut.
[01:19:36.640 --> 01:19:39.640]  Jay, I see you there. We'll take you next.
[01:19:39.640 --> 01:19:44.640]  Okay, you had another issue you wanted to address?
[01:19:44.640 --> 01:19:51.640]  Or are you talking about these attorneys? You want to go back after them?
[01:19:51.640 --> 01:20:01.640]  What happened to this non-profit?
[01:20:01.640 --> 01:20:12.640]  Would it recently happen to this non-profit after this whole rigmarole the attorney is trying to retroactively tell the tax assessor to cancel their non-profit status?
[01:20:12.640 --> 01:20:19.640]  They decided to go after another property. They recently filed a suit for foreclosure.
[01:20:19.640 --> 01:20:24.640]  This is when I got involved and this was just last week.
[01:20:24.640 --> 01:20:32.640]  They asked me to help out and write an answer to the suit and write a counterclaim to it.
[01:20:32.640 --> 01:20:38.640]  In the counterclaim, we actually named the law firm's attorney that was doing this as a co-defendant.
[01:20:38.640 --> 01:20:40.640]  Good job.
[01:20:40.640 --> 01:20:44.640]  We accused the co-defendant of abusive litigation.
[01:20:44.640 --> 01:20:56.640]  Here's what this non-profit does. They provide housing that is low cost, that is affordable, and that is handicapped accessible,
[01:20:56.640 --> 01:21:01.640]  which no other non-profit in this particular city does.
[01:21:01.640 --> 01:21:08.640]  Basically, this particular city is looking for something like $5,000 in taxes.
[01:21:08.640 --> 01:21:18.640]  Here's the thing. If the city was to foreclose and to take this particular property, they would end up spending easily $10,000 and more
[01:21:18.640 --> 01:21:28.640]  just to try to, A, provide housing for the people that are low income and disabled that live here in this particular unit.
[01:21:28.640 --> 01:21:32.640]  Basically, only the lawyers win.
[01:21:32.640 --> 01:21:35.640]  Here's what the relief is for the counterclaim.
[01:21:35.640 --> 01:21:44.640]  First, the relief on the counterclaim is declaratory that, yes, the owners of this property are a non-profit.
[01:21:44.640 --> 01:21:52.640]  The second part of the relief sought on the counterclaim is injunctive relief against abusive litigation, as we know it, baritury.
[01:21:52.640 --> 01:21:56.640]  Basically, we're looking to stop them from doing this.
[01:21:56.640 --> 01:22:10.640]  The third part of the relief sought in this counterclaim is to basically ask this particular law firm to refund to the city all of the legal fees that they've charged.
[01:22:10.640 --> 01:22:16.640]  The non-profit isn't even asking for all the fees that they've charged at the city.
[01:22:16.640 --> 01:22:24.640]  They're just asking all of the fees that they've charged at the city just to pay it back.
[01:22:24.640 --> 01:22:28.640]  Now, this would be in the nature of Kwaitam.
[01:22:28.640 --> 01:22:30.640]  Do you have a whistleblower there?
[01:22:30.640 --> 01:22:40.640]  Well, unfortunately, in Connecticut, I believe, as I've mentioned to you, Kwaitam only applies to Medicaid, which is very unfortunate.
[01:22:40.640 --> 01:22:42.640]  Otherwise, that would be a problem.
[01:22:42.640 --> 01:22:43.640]  Yeah, that is very unfortunate.
[01:22:43.640 --> 01:22:45.640]  Yeah, it's terribly unfortunate.
[01:22:45.640 --> 01:22:54.640]  I've prayed long and hard, but the laws are what they are.
[01:22:54.640 --> 01:22:58.640]  Otherwise, I would have done it.
[01:22:58.640 --> 01:23:02.640]  Well, actually, Kwaitam is just exceptional.
[01:23:02.640 --> 01:23:05.640]  It's not an exclusive remedy.
[01:23:05.640 --> 01:23:20.640]  The only way to go after a fraud is to feel fraud in a third-commitment baritry where they're advising the city to take action that will result in litigation that they get to litigate.
[01:23:20.640 --> 01:23:23.640]  You should go criminally against them.
[01:23:23.640 --> 01:23:28.640]  That's going to come, but I just want to mention this.
[01:23:28.640 --> 01:23:34.640]  As far as the counterclaim goes, that's being supported by an affidavit.
[01:23:34.640 --> 01:23:43.640]  You see, the thing about the criminal, if you do that kind of on the slide, that never gets mentioned here in the court.
[01:23:43.640 --> 01:23:53.640]  You just send a complaint down to the prosecutor, and the first thing the prosecutor's going to do is he's going to call these attorneys and say, what's going on here?
[01:23:53.640 --> 01:24:04.640]  This guy's trying to get me to prosecute you. That will get their attention. That raises the stakes.
[01:24:04.640 --> 01:24:20.640]  You never mention it to them, so they can act like they don't know about it, and they have plausible deniability and give your client a whole lot better deal or your friends are not your client.
[01:24:20.640 --> 01:24:30.640]  In time, Randy, I was just kind of glad that I had this particular person referred to me from the first that was having trouble from the same law firm.
[01:24:30.640 --> 01:24:42.640]  On the counterclaim, what I'm thinking is, I'm hearing there are a ton of other people in the same city who have gone through similar abuse, but not nearly this bad.
[01:24:42.640 --> 01:25:00.640]  It's terrible to have this particular law firm go after an organization whose goal and mission is to take no more than a third of the income of the disabled and low income people who can't afford housing.
[01:25:00.640 --> 01:25:10.640]  In exchange for doing that, they've saved this particular city so much money in social and police services. It's insane.
[01:25:10.640 --> 01:25:19.640]  It's almost like, and we do allege this, this particular law firm is acting contrary to its client's best interest.
[01:25:19.640 --> 01:25:37.640]  Let me make a suggestion. Go down to the clerk's office and make this big production of asking for records of all of the tax foreclosures this law firm has done.
[01:25:37.640 --> 01:25:45.640]  Maybe to people who are disabled.
[01:25:45.640 --> 01:25:51.640]  Now, this is just so that you're making the request will get back to the law firm.
[01:25:51.640 --> 01:25:59.640]  Make the request in a way that points at something that they can't figure out.
[01:25:59.640 --> 01:26:09.640]  Like, what's this guy looking for? What's he setting us up for? What they imagine will always be worse than what it really is.
[01:26:09.640 --> 01:26:12.640]  But politics, everything's political.
[01:26:12.640 --> 01:26:23.640]  Oh, you have no idea how terrible this is already. I've already went through the trouble of structuring it in that manner.
[01:26:23.640 --> 01:26:34.640]  Like, this law firm has no idea what's about to hit it. And bear in mind, this is a big named law firm out in eastern Connecticut.
[01:26:34.640 --> 01:26:42.640]  Good. Work them over. Okay, we need to move along. We've got a couple more callers. Anything else for us, Dan?
[01:26:42.640 --> 01:26:47.640]  No, I figured you'd like to hear about that in some of the foreclosure defenses.
[01:26:47.640 --> 01:26:54.640]  And I didn't forget about your bar grievance project, which, you know, that's, believe it or not, tied into this. So give me a call when you can.
[01:26:54.640 --> 01:27:03.640]  Okay, go to bar grievance.net and look over the site and look at the questionnaires that I have and kind of give me your opinion on it.
[01:27:03.640 --> 01:27:05.640]  I will do.
[01:27:05.640 --> 01:27:12.640]  Okay, thank you. Okay, now we're going to go to Jay in California.
[01:27:12.640 --> 01:27:15.640]  Jay, what have you got for us tonight?
[01:27:15.640 --> 01:27:25.640]  Well, I have been working on the authority and ship with my mother. I have carpool tunnels. I talked to you guys a couple of months ago. I sent the guy.
[01:27:25.640 --> 01:27:27.640]  Yes, yes, okay.
[01:27:27.640 --> 01:27:28.640]  Okay.
[01:27:28.640 --> 01:27:34.640]  You're the one, you're disabled and you have a, you're in California, but you have an issue in New York?
[01:27:34.640 --> 01:27:37.640]  In New Jersey. In New Jersey.
[01:27:37.640 --> 01:27:39.640]  In New Jersey, okay.
[01:27:39.640 --> 01:27:50.640]  What happened last was that I was scheduled to go to a hearing, but the judge denied me access because he denied my dog, my service dog.
[01:27:50.640 --> 01:27:57.640]  I went ahead and I requested a copy of the tape and I listened to the tape.
[01:27:57.640 --> 01:28:13.640]  I, in my absence, my, my first name is spelled kind of different and I have renunciated it for the judge, but he goes and he calls me outside of my name. He makes, he calls himself.
[01:28:13.640 --> 01:28:18.640]  That's what he began it with. And then he gave my name.
[01:28:18.640 --> 01:28:28.640]  Now I have testimony where I've given him the spelling of my name. I've enunciated my name for him, so it really shouldn't be an issue. And I know this may seem...
[01:28:28.640 --> 01:28:42.640]  Okay. Okay, hold on. That won't be an issue as long as the whatever spelling they use will reasonably identify you.
[01:28:42.640 --> 01:28:51.640]  A mining misspelling will not have an effect. And there's guys who claim that, but in the case law, it has no effect.
[01:28:51.640 --> 01:28:56.640]  If they have the right person, the mining misspelling won't have an effect.
[01:28:56.640 --> 01:29:05.640]  Okay. Well, the thing is, is that it started there and then this is a, this case has a hate crime element to it.
[01:29:05.640 --> 01:29:14.640]  I presented a police report. This was in the guardianship of my mother and the judge just ignored whatever I have said.
[01:29:14.640 --> 01:29:22.640]  I filed a, a motion to disqualify. He denied it. He also...
[01:29:22.640 --> 01:29:26.640]  What were the, what were the grounds of the disqualification?
[01:29:26.640 --> 01:29:35.640]  Because I didn't say, he said because I didn't show up. But the baby...
[01:29:35.640 --> 01:29:42.640]  No, no. What were the, what were the grounds for your filing for disqualification? Okay, hang on. We'll go to break. We'll pick this up on the other side.
[01:29:42.640 --> 01:29:47.640]  But disqualification is something very specific. That's why I was asking for the grounds.
[01:29:47.640 --> 01:29:59.640]  Okay. This account never seems any crack. We'll be right back.
[01:29:59.640 --> 01:30:03.640]  Top 10 reasons to question the official story of the Oklahoma City bombing, reason number five.
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[01:30:32.640 --> 01:30:39.640]  Please do not track me. Don't track me in person. Don't track me virtually and don't track me online.
[01:30:39.640 --> 01:30:43.640]  Wouldn't it be nice to set those boundaries and make sure they're honored?
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[01:31:18.640 --> 01:31:26.640]  In response, lawmakers have introduced a number of bills to rein in tracking and profiling through computer code known as cookies.
[01:31:26.640 --> 01:31:31.640]  While cookies are a serious privacy problem, special privacy cookies could be part of a solution.
[01:31:31.640 --> 01:31:40.640]  Just like you might fight fire with fire, privacy cookies could fight invasive practices by signaling which consumers prefer not to be tracked and profiled.
[01:31:40.640 --> 01:31:49.640]  In the same way the do not call list put an end to annoying dinner time marketing calls, a do not track cookie could put an end to online data grabs.
[01:31:49.640 --> 01:31:54.640]  We need to rise up and demand our privacy. It's not only possible, it's about time.
[01:31:54.640 --> 01:32:00.640]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:24.640 --> 01:32:34.640]  Okay, this is Rand Kelton, David Stevens at Craig River Radio. We were talking to Jay in California.
[01:32:34.640 --> 01:32:38.640]  And you filed a motion to disqualify.
[01:32:38.640 --> 01:32:42.640]  A motion to disqualify is very specific.
[01:32:42.640 --> 01:32:51.640]  And each state will have very specific requirements for disqualification. What did you claim as disqualification?
[01:32:51.640 --> 01:32:54.640]  So bias.
[01:32:54.640 --> 01:32:59.640]  That's not a grounds for disqualification. That's a grounds for retusal.
[01:32:59.640 --> 01:33:01.640]  But not disqualifications.
[01:33:01.640 --> 01:33:09.640]  And also the fact that I was denied access to the court because he violated my rights under the ADA.
[01:33:09.640 --> 01:33:19.640]  Okay, this is, the court is going to toss your motions if they're not accurate under law.
[01:33:19.640 --> 01:33:24.640]  That should have been a motion to recuse.
[01:33:24.640 --> 01:33:29.640]  A motion to disqualify is generally constitutional.
[01:33:29.640 --> 01:33:37.640]  And it will go to some very specific things and generally goes to a conflict of interest.
[01:33:37.640 --> 01:33:45.640]  Things of bias and alleged improprieties on the part of the judge will go to recuse.
[01:33:45.640 --> 01:33:50.640]  You might get traction if you file a motion to recuse.
[01:33:50.640 --> 01:33:53.640]  Okay, okay.
[01:33:53.640 --> 01:34:01.640]  He probably was not, didn't have authority to grant your motion to disqualify.
[01:34:01.640 --> 01:34:09.640]  When I went to Australia recently and in Australia, you can file a criminal complaint with standing.
[01:34:09.640 --> 01:34:15.640]  They call it a criminal appearance notice and you can file it as a common law public official.
[01:34:15.640 --> 01:34:28.640]  And they were complaining that the registrar, that's what they call their court clerks, was required to sign the criminal appearance notice.
[01:34:28.640 --> 01:34:41.640]  But when I looked through the code, the registrar didn't have authority to sign a criminal appearance notice if it was not a complete in accordance with standing law.
[01:34:41.640 --> 01:34:50.640]  And then when I talked to these guys, I did a presentation in front of 34 legal researchers.
[01:34:50.640 --> 01:35:01.640]  They all had different issues and I asked them, first thing I told them is I'm just a bloody yank and I'm not going to come down here pretending I know more about Australian law than you do.
[01:35:01.640 --> 01:35:15.640]  Tell me, in the 1995 Crimes Act, according to the 1995 Crimes Act for New South Wales, what is a physical element of a crime?
[01:35:15.640 --> 01:35:20.640]  And I got 34 guys sitting there with their mouths hanging open.
[01:35:20.640 --> 01:35:26.640]  I said, okay, what is a fault element that renders a physical element criminal?
[01:35:26.640 --> 01:35:35.640]  They had no idea. I said, guys, this is the first paragraph, the very first thing in your penal code.
[01:35:35.640 --> 01:35:47.640]  You don't know what it is. So you're filing documents that are incomplete in accordance with law. The registrar is not allowed to sign it.
[01:35:47.640 --> 01:35:55.640]  If you file a motion that's incomplete according to law, it doesn't invoke the subject matter jurisdiction of the court.
[01:35:55.640 --> 01:36:06.640]  We sued a judge in Austin because he acted on a filing that was insufficient to invoke his subject matter jurisdiction.
[01:36:06.640 --> 01:36:19.640]  So you may be in this situation. You need to look at what you want to file and find a litigation guide.
[01:36:19.640 --> 01:36:25.640]  All these attorneys use litigation guides. Talk to some attorneys there in California.
[01:36:25.640 --> 01:36:33.640]  The litigation guide for any state will be great for structure for any state.
[01:36:33.640 --> 01:36:43.640]  So call around a few law firms, ask them what litigation guides are used in California, and do you have any old ones?
[01:36:43.640 --> 01:36:51.640]  Give them some song and dance. You're homeschooling your kids and you're giving them a course in law and legal research.
[01:36:51.640 --> 01:37:03.640]  I had a woman in Amarillo do that. The second firm she called, he said, do you have a station wagon or a pickup truck?
[01:37:03.640 --> 01:37:10.640]  Because the attorneys get new ones every time they come out because they want to quote the latest law.
[01:37:10.640 --> 01:37:18.640]  And then they get rid of the old ones. So if you call the attorneys, you'll likely have a bunch of old ones laid around to give you one.
[01:37:18.640 --> 01:37:30.640]  I have one in Texas, it's O'Connor's. O'Connor's Texas Civil Trials. This thing has every motion you can think of in it.
[01:37:30.640 --> 01:37:39.640]  It tells you how to structure the motion, when to file the motion, how to file the motion, all of the elements that need to be in the motion, everything you need.
[01:37:39.640 --> 01:37:49.640]  Find one of those. And then convert your issues to New Jersey law.
[01:37:49.640 --> 01:37:57.640]  But you will find that was so easy a burden, you won't believe how much easier it'll get.
[01:37:57.640 --> 01:38:11.640]  Okay, okay. The two weeks back, I called you with another lady who had gone through, she was accused of neglect.
[01:38:11.640 --> 01:38:22.640]  And what has happened is over the years, for four years, they've been holding this case over her and threatening her. They're really killing her with stress.
[01:38:22.640 --> 01:38:30.640]  She has proved that the prosecutor indicates he has been bought for favor.
[01:38:30.640 --> 01:38:40.640]  The person who clings onto her to stop the guardianship case, they ended up getting her in the office of the public guardian.
[01:38:40.640 --> 01:38:47.640]  They bottom line, this woman died and they're still trying to prosecute the woman that I called in with the last time.
[01:38:47.640 --> 01:38:54.640]  She went last weekend and was able to get her papers back from the first lawyer.
[01:38:54.640 --> 01:39:07.640]  He found in the paperwork a letter from the judge, the first judge that heard the case in criminal court in New Jersey, that the prosecutor should process.
[01:39:07.640 --> 01:39:17.640]  Now the prosecutor is under indictment by the New York and New Jersey Court of Authority Waterfront Commission and being investigated by the FBI.
[01:39:17.640 --> 01:39:20.640]  Now this was in the Waterfront Commission report.
[01:39:20.640 --> 01:39:28.640]  The bottom line is that she found the note from the judge that there was not enough evidence to let her go, but the prosecutor went to another judge.
[01:39:28.640 --> 01:39:38.640]  And now the other judge is torturing her. He's a Jewish judge, this is a Jewish lady. On the anniversary of Kristallnacht,
[01:39:38.640 --> 01:39:44.640]  he sent the police out, told them he was going to arrest her and it really upsets her.
[01:39:44.640 --> 01:39:49.640]  And so it's been very, very hard because it's a very convoluted case.
[01:39:49.640 --> 01:39:56.640]  But when you sit down and you look at the fact, the person that they're accusing her of neglect,
[01:39:56.640 --> 01:40:02.640]  there's no medical evidence to support it. There's nothing, but they keep the case going.
[01:40:02.640 --> 01:40:07.640]  And so when I called in with her, she was kind of...
[01:40:07.640 --> 01:40:12.640]  Okay, wait a minute. What is the question that you have?
[01:40:12.640 --> 01:40:14.640]  Well, we're going to run out of time here.
[01:40:14.640 --> 01:40:23.640]  She found the first judge saying that he dismissed it and let it go because there was not enough evidence.
[01:40:23.640 --> 01:40:27.640]  He found this, this is what he got back from the first attorney.
[01:40:27.640 --> 01:40:32.640]  Okay, this sounds like habeas corpus.
[01:40:32.640 --> 01:40:37.640]  This sounds like you're in the area of habeas corpus.
[01:40:37.640 --> 01:40:39.640]  Okay.
[01:40:39.640 --> 01:40:40.640]  Okay.
[01:40:40.640 --> 01:40:45.640]  This sounds like what this would go to, go essentially it's going to a due process issue.
[01:40:45.640 --> 01:40:47.640]  Okay.
[01:40:47.640 --> 01:40:48.640]  Just see what happens.
[01:40:48.640 --> 01:40:56.640]  You might look at a habeas corpus motion. If the attorney has been so discredited and you have this letter,
[01:40:56.640 --> 01:41:03.640]  it may be enough for another judge, for a higher judge to look at this and say, you know, make this go away.
[01:41:03.640 --> 01:41:05.640]  Okay, okay.
[01:41:05.640 --> 01:41:09.640]  So to look at the habeas corpus, that's it?
[01:41:09.640 --> 01:41:13.640]  Yes, look at it from a due process perspective.
[01:41:13.640 --> 01:41:14.640]  Okay.
[01:41:14.640 --> 01:41:19.640]  You have a letter from a judge saying there's not enough evidence and the prosecutor's moving anyway.
[01:41:19.640 --> 01:41:22.640]  That would go to habeas corpus.
[01:41:22.640 --> 01:41:23.640]  Okay.
[01:41:23.640 --> 01:41:24.640]  All right.
[01:41:24.640 --> 01:41:25.640]  All right.
[01:41:25.640 --> 01:41:33.640]  That was the disk of the question, but we couldn't, I couldn't get it phrased right because the story was very, very convoluted.
[01:41:33.640 --> 01:41:45.640]  Like I said, because she even had a medical result where they said that she was, that she had neglected this woman, that she had medical reports from the blood work that they had taken,
[01:41:45.640 --> 01:41:50.640]  that there was no credible evidence of any signs of neglect.
[01:41:50.640 --> 01:41:55.640]  Yeah, this is exactly the kind of thing that's perfect for habeas corpus.
[01:41:55.640 --> 01:41:56.640]  Okay.
[01:41:56.640 --> 01:41:57.640]  Okay.
[01:41:57.640 --> 01:41:58.640]  Thank you very much.
[01:41:58.640 --> 01:41:59.640]  Thank you very much.
[01:41:59.640 --> 01:42:00.640]  We need to move along.
[01:42:00.640 --> 01:42:01.640]  We've got a couple more callers.
[01:42:01.640 --> 01:42:02.640]  We're running out of time.
[01:42:02.640 --> 01:42:03.640]  So I appreciate it.
[01:42:03.640 --> 01:42:05.640]  I'd like listening in anyway.
[01:42:05.640 --> 01:42:06.640]  Okay.
[01:42:06.640 --> 01:42:09.640]  Keep us up to speed on what happens.
[01:42:09.640 --> 01:42:10.640]  We'll do.
[01:42:10.640 --> 01:42:11.640]  Okay.
[01:42:11.640 --> 01:42:12.640]  Okay.
[01:42:12.640 --> 01:42:13.640]  Thank you, Jay.
[01:42:13.640 --> 01:42:16.640]  Now we're going to go to Mark in Wisconsin.
[01:42:16.640 --> 01:42:21.640]  Mark, I know you're causing trouble.
[01:42:21.640 --> 01:42:24.640]  I think I'm about to wade in at both feet first.
[01:42:24.640 --> 01:42:25.640]  I had a question.
[01:42:25.640 --> 01:42:31.640]  We had a young 24-year-old homeless drunk guy causing a disturbance.
[01:42:31.640 --> 01:42:32.640]  He's unruly.
[01:42:32.640 --> 01:42:34.640]  They take him to the police station.
[01:42:34.640 --> 01:42:38.640]  They get him belted into a wheelchair, a restraint chair.
[01:42:38.640 --> 01:42:43.640]  And a sheriff punches him and elbows him in the stomach several times.
[01:42:43.640 --> 01:42:49.640]  A guy almost dies and they take him to the hospital and they do emergency surgery on him.
[01:42:49.640 --> 01:42:50.640]  Okay.
[01:42:50.640 --> 01:42:53.640]  Most people don't care about cases like this, but this is what I look for.
[01:42:53.640 --> 01:42:58.640]  This could have been my son having a bad day or something like that.
[01:42:58.640 --> 01:43:00.640]  What's done to the least of us is done to all of us.
[01:43:00.640 --> 01:43:02.640]  That's the way I look at it.
[01:43:02.640 --> 01:43:03.640]  Exactly.
[01:43:03.640 --> 01:43:06.640]  But anyway, what happened is they fired the police officer.
[01:43:06.640 --> 01:43:14.640]  The DA has said in a news article that he has found no evidence that a crime was committed.
[01:43:14.640 --> 01:43:19.640]  And the sheriff is withholding information from the press.
[01:43:19.640 --> 01:43:22.640]  Where would you start?
[01:43:22.640 --> 01:43:27.640]  File a criminal charge against the officer.
[01:43:27.640 --> 01:43:31.640]  Do an open records and get your hands on the jail video.
[01:43:31.640 --> 01:43:36.640]  There should be video recordings of everything going on in that jail, especially the booking area.
[01:43:36.640 --> 01:43:37.640]  Right.
[01:43:37.640 --> 01:43:43.640]  And if there's no prosecution going on, they can't hold the records for police investigation.
[01:43:43.640 --> 01:43:46.640]  Well, they're doing that now.
[01:43:46.640 --> 01:43:51.640]  Well, the DA has already said there's nothing to do how they're doing it now.
[01:43:51.640 --> 01:43:52.640]  The press has already...
[01:43:52.640 --> 01:43:53.640]  Okay.
[01:43:53.640 --> 01:43:54.640]  Hold on.
[01:43:54.640 --> 01:43:55.640]  Hold on.
[01:43:55.640 --> 01:43:56.640]  We're out of time.
[01:43:56.640 --> 01:43:57.640]  We're on the other side.
[01:43:57.640 --> 01:44:26.640]  We'll be right back.
[01:44:27.640 --> 01:44:53.640]  We'll be right back.
[01:44:57.640 --> 01:45:25.640]  We'll be right back.
[01:45:25.640 --> 01:45:54.640]  We'll be right back.
[01:45:55.640 --> 01:46:24.640]  We'll be right back.
[01:46:25.640 --> 01:46:45.640]  We'll be right back.
[01:46:45.640 --> 01:46:46.640]  Okay.
[01:46:46.640 --> 01:46:47.640]  We're back.
[01:46:47.640 --> 01:47:13.640]  We're back.
[01:47:13.640 --> 01:47:39.640]  We're back.
[01:47:39.640 --> 01:48:05.640]  We're back.
[01:48:05.640 --> 01:48:31.640]  We're back.
[01:48:31.640 --> 01:48:58.640]  We're back.
[01:48:58.640 --> 01:49:20.640]  We're back.
[01:49:20.640 --> 01:49:47.640]  We're back.
[01:49:47.640 --> 01:50:16.640]  We're back.
[01:50:16.640 --> 01:50:36.640]  We're back.
[01:50:36.640 --> 01:51:04.640]  We're back.
[01:51:04.640 --> 01:51:30.640]  We're back.
[01:51:30.640 --> 01:51:52.640]  We're back.
[01:51:52.640 --> 01:52:14.640]  We're back.
[01:52:14.640 --> 01:52:40.640]  We're back.
[01:52:40.640 --> 01:53:06.640]  We're back.
[01:53:06.640 --> 01:53:33.640]  We're back.
[01:53:33.640 --> 01:53:38.640]  I think I've put Daniel to sleep.
[01:53:38.640 --> 01:53:39.640]  I'm pretty good at that.
[01:53:39.640 --> 01:53:41.640]  Everybody has to have a skill.
[01:53:41.640 --> 01:53:42.640]  That's one of mine.
[01:53:42.640 --> 01:53:47.640]  I'm going to leave his mic open in case he comes back.
[01:53:47.640 --> 01:53:55.640]  But as far as Mark's issue, Mark is a gadfly.
[01:53:55.640 --> 01:53:56.640]  He's a third party.
[01:53:56.640 --> 01:54:00.640]  He's someone who's not interested in the case at hand.
[01:54:00.640 --> 01:54:03.640]  That makes him extremely difficult to deal with.
[01:54:03.640 --> 01:54:14.640]  And when he starts sending them letters and sending the verified criminal affidavit in the mail and the prosecutor refuses to act,
[01:54:14.640 --> 01:54:19.640]  when he files with the district judge, the prosecutor's going to know for certain,
[01:54:19.640 --> 01:54:22.640]  this guy set me up for that.
[01:54:22.640 --> 01:54:24.640]  He knew exactly what I was going to do.
[01:54:24.640 --> 01:54:27.640]  Hey, Randy, Daniel's there.
[01:54:27.640 --> 01:54:28.640]  Oh, Daniel's there?
[01:54:28.640 --> 01:54:30.640]  Yeah.
[01:54:30.640 --> 01:54:31.640]  Let me hit go, guys.
[01:54:31.640 --> 01:54:32.640]  There you go.
[01:54:32.640 --> 01:54:33.640]  Are you there, Dan?
[01:54:33.640 --> 01:54:34.640]  Yes, I'm here.
[01:54:34.640 --> 01:54:35.640]  Can you?
[01:54:35.640 --> 01:54:37.640]  Yeah, there you go.
[01:54:37.640 --> 01:54:38.640]  Okay.
[01:54:38.640 --> 01:54:39.640]  Okay.
[01:54:39.640 --> 01:54:41.640]  You have a question or comment?
[01:54:41.640 --> 01:54:42.640]  Yeah, yeah.
[01:54:42.640 --> 01:54:44.640]  I called him yesterday, but I got in a little late.
[01:54:44.640 --> 01:54:46.640]  I just wanted to ask him.
[01:54:46.640 --> 01:54:55.640]  I was in a criminal trial, and I took it to a field because they got me supposedly under a DUI,
[01:54:55.640 --> 01:54:56.640]  and I don't drink.
[01:54:56.640 --> 01:54:58.640]  So we know the whole thing.
[01:54:58.640 --> 01:55:03.640]  But anyways, it's in the field, but I brought so many things into this case,
[01:55:03.640 --> 01:55:08.640]  you know, with the assistance of counsel, Sixth Amendment right, et cetera, et cetera.
[01:55:08.640 --> 01:55:19.640]  But now, now that it's gone to a field, now the sheriffs are escorting me when I go file papers,
[01:55:19.640 --> 01:55:23.640]  you know, intimidating.
[01:55:23.640 --> 01:55:25.640]  Okay.
[01:55:25.640 --> 01:55:28.640]  File criminal charges against them.
[01:55:28.640 --> 01:55:34.640]  Use that as your way to walk up the system.
[01:55:34.640 --> 01:55:36.640]  The first step?
[01:55:36.640 --> 01:55:37.640]  Yeah.
[01:55:37.640 --> 01:55:41.640]  Or you might try falling down in the floor and start screaming,
[01:55:41.640 --> 01:55:42.640]  don't beat me anymore.
[01:55:42.640 --> 01:55:46.640]  I'll do anything you want.
[01:55:46.640 --> 01:55:51.640]  Well, they have cameras.
[01:55:51.640 --> 01:55:52.640]  Go ahead.
[01:55:52.640 --> 01:55:56.640]  They have cameras, so that won't work.
[01:55:56.640 --> 01:55:58.640]  Oh, okay.
[01:55:58.640 --> 01:56:02.640]  Then my...
[01:56:02.640 --> 01:56:03.640]  Okay.
[01:56:03.640 --> 01:56:07.640]  Are you having any trouble filing papers?
[01:56:07.640 --> 01:56:16.640]  Well, not down at the misdemeanor division, but I take papers up because you have to be serving the district attorney
[01:56:16.640 --> 01:56:21.640]  because it's an appeal, and the district attorney is obviously the one that I'll serve.
[01:56:21.640 --> 01:56:25.640]  So I don't have to really go down to the misdemeanor.
[01:56:25.640 --> 01:56:28.640]  Have you taken witnesses with you?
[01:56:28.640 --> 01:56:29.640]  Yeah.
[01:56:29.640 --> 01:56:35.640]  I had a witness there with me, and he was, like, for instance, two days ago, I was just there,
[01:56:35.640 --> 01:56:41.640]  and the deputy would come up, and then he'd get real close to me, and then I was going into the elevator,
[01:56:41.640 --> 01:56:44.640]  and I, you know, I was walking in, and then he went to walk in.
[01:56:44.640 --> 01:56:48.640]  But he waited for me to get to the elevator because he stood next to the elevator until I got there.
[01:56:48.640 --> 01:56:54.640]  Then he was going to walk in, and then I was going to let him walk in, and I was going to walk back out,
[01:56:54.640 --> 01:56:59.640]  and then he walked back out, and then I said, is there a reason that you're following me around?
[01:56:59.640 --> 01:57:03.640]  He goes, so I have orders to escort you.
[01:57:03.640 --> 01:57:05.640]  And...
[01:57:05.640 --> 01:57:08.640]  Did you ask who you got the orders from?
[01:57:08.640 --> 01:57:14.640]  He said it was from someone in a higher rank page.
[01:57:14.640 --> 01:57:21.640]  Then, find the highest ranking guy in the building and file criminal charges against him.
[01:57:21.640 --> 01:57:27.640]  That's what I was getting to, because yesterday, or the day before I heard you mention,
[01:57:27.640 --> 01:57:35.640]  to the judge, file a criminal, something with the judge, because the judge that I...
[01:57:35.640 --> 01:57:41.640]  was the last one that had... that was dealing with me and sent him.
[01:57:41.640 --> 01:57:45.640]  I was thinking he may be the one, because I have so many things on him,
[01:57:45.640 --> 01:57:52.640]  that he may be the one that's directing this uniform.
[01:57:52.640 --> 01:58:00.640]  Oh, perfect. That's retaliation, camping with a witness, obstruction of justice.
[01:58:00.640 --> 01:58:04.640]  This will make the judge really happy.
[01:58:04.640 --> 01:58:05.640]  There we go.
[01:58:05.640 --> 01:58:08.640]  He filed... what level judge is this guy?
[01:58:08.640 --> 01:58:12.640]  Is he like a county judge?
[01:58:12.640 --> 01:58:15.640]  The judge that handles trials.
[01:58:15.640 --> 01:58:17.640]  Oh, I'm sorry. Okay.
[01:58:17.640 --> 01:58:21.640]  Call us back Thursday. I'd like to talk about this. We're running out of time.
[01:58:21.640 --> 01:58:22.640]  I appreciate it.
[01:58:22.640 --> 01:58:27.640]  We'll start at 8 o'clock Thursday, so call us earlier so we'll have time.
[01:58:27.640 --> 01:58:29.640]  This could be a lot of fun.
[01:58:29.640 --> 01:58:32.640]  You can take care of this, Judge.
[01:58:32.640 --> 01:58:37.640]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig, Rue de la Radio.
[01:58:37.640 --> 01:58:41.640]  I hope our four-hour marathon, and thank you all for listening.
[01:58:41.640 --> 01:58:45.640]  Tune in Monday for a Deborah and Eddie on Eddie's traffic show,
[01:58:45.640 --> 01:58:49.640]  and I'll be back next Thursday.
[01:58:49.640 --> 01:58:59.640]  This is Rue de la Radio. Thank you for listening. Good night.
[01:58:59.640 --> 01:59:07.640]  Bibles for America is offering absolutely free a unique study Bible called the New Testament Recovery Version.
[01:59:07.640 --> 01:59:14.640]  The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says, verse by verse,
[01:59:14.640 --> 01:59:18.640]  helping you to know God and to know the meaning of life.
[01:59:18.640 --> 01:59:21.640]  Order your free copy today from Bibles for America.
[01:59:21.640 --> 01:59:30.640]  Call us toll-free at 888-551-0102 or visit us online at bfa.org.
[01:59:30.640 --> 01:59:37.640]  This translation is highly accurate, and it comes with over 13,000 cross-references, plus charts and maps,
[01:59:37.640 --> 01:59:42.640]  and an outline for every book of the Bible. This is truly a Bible you can understand.
[01:59:42.640 --> 01:59:50.640]  To get your free copy of the New Testament Recovery Version, call us toll-free at 888-551-0102.
[01:59:50.640 --> 01:59:59.640]  That's 888-551-0102 or visit us online at bfa.org.