ROL_2012-01-20_16k_Hr1-2.timecode

[00:00.000 --> 00:09.600]  A World Health Organization study Thursday finds the proportion of abortions performed
[00:09.600 --> 00:15.160]  by unskilled individuals or in an environment that doesn't conform to minimal medical standards
[00:15.160 --> 00:24.560]  rose globally from 44% in 1995 to 49% in 2008. Almost all unsafe abortions occur in a developing
[00:24.560 --> 00:31.560]  world, placing the health and lives of millions of women and adolescent girls at risk.
[00:31.560 --> 00:37.920]  Iraqi Prime Minister Nouri al-Maliki's security services have imprisoned more than 1,000 members
[00:37.920 --> 00:43.760]  of other political parties over the past several months, detaining many of them in secret locations
[00:43.760 --> 00:49.920]  with no access to legal counsel and using brutal torture to extract confessions. Whose
[00:49.920 --> 00:56.240]  block is part of Maliki's coalition government demanded Wednesday Maliki grant detainees
[00:56.240 --> 01:00.320]  legal counsel and due process.
[01:00.320 --> 01:04.280]  Indigenous peoples of southeast Mexico are demanding to be included in the Maya World
[01:04.280 --> 01:09.440]  Promotion Plan launched by the government Monday to take advantage of the world's interest
[01:09.440 --> 01:15.440]  in the 2012 Mayan prophecy while fearing Doomsday tourism could damage and contaminate their
[01:15.440 --> 01:20.440]  sacred sites. The Mexican government hopes to lure tourists to the indigenous regions
[01:20.440 --> 01:27.400]  of the five southeast states containing the ruins of dozens of ancient Mayan cities.
[01:27.400 --> 01:33.080]  Canadian Prime Minister Stephen Harper lashed out at U.S. environmentalists opposed to Canada's
[01:33.080 --> 01:38.400]  Northern Gateway Pipeline Project following Barack Obama's temporary rejection of the
[01:38.400 --> 01:45.280]  Keystone XL pipeline from Alberta to the Texas Gulf. The 730-mile Northern Gateway would
[01:45.280 --> 01:51.400]  run west from the massive oil sands deposits of northern Alberta across pristine wilderness
[01:51.400 --> 01:57.600]  and more than 700 rivers and streams to a proposed super tanker port on the Pacific Coast of
[01:57.600 --> 02:03.040]  British Columbia. Harper Monday accused U.S. groups of hijacking public hearings by a federal
[02:03.040 --> 02:10.960]  regulatory agency which is assessing the environmental impact of the $6.6 billion pipeline. U.S. and
[02:10.960 --> 02:16.800]  Canadian environmentalists want to stop Alberta's booming oil sands development noting it comes
[02:16.800 --> 02:22.800]  from massive open pit mining that sells huge swaths of forests, produces millions of gallons
[02:22.800 --> 02:28.640]  of toxic fludge and increases greenhouse gas emissions.
[02:28.640 --> 02:34.320]  The Serbian Ministry of Environment and Mining revealed recently parts of southeastern Serbia
[02:34.320 --> 02:41.520]  lie on 2 billion tons of oil shale worth roughly $60 billion, big news for a country with 23%
[02:41.520 --> 02:46.560]  unemployment. But the process of oil extraction from shale through hydraulic fracturing or
[02:46.560 --> 02:51.480]  fracking has been widely documented to cause ecological devastation.
[02:51.480 --> 02:57.360]  Dejan Skala, professor at the technology faculty in Belgrade, warns fracking heavily contaminates
[02:57.360 --> 03:03.760]  underground water adding that surface exploitation or open pit mining is also highly problematic
[03:03.760 --> 03:08.960]  as it requires rock to be heated to extremely high temperatures in special facilities leaving
[03:08.960 --> 03:37.440]  the surrounding area looking like the moon's surface.
[04:08.960 --> 04:29.760]  Alright folks good evening this is the Friday night rule of law radio show with Randall
[04:29.760 --> 04:37.520]  Kelpins, Debra Stevens and me Eddie Craig. It is January 20th, 2012. Tonight's show is
[04:37.520 --> 04:44.480]  our four hour info marathon on Friday as usual. Randy has the material that he wanted to begin
[04:44.480 --> 04:51.680]  with tonight so Randy take it away. Okay actually not exactly material I'm putting
[04:51.680 --> 05:04.240]  together the questionnaire for criminal complaints and as I do that I keep running into places
[05:04.240 --> 05:12.560]  where we have to flesh out issues and I'd like to start fleshing out those issues on
[05:12.560 --> 05:22.200]  the air. For instance I was going through the questions and we start out with first
[05:22.200 --> 05:30.480]  question is this is for people who've been arrested. Were you arrested with a warrant
[05:30.480 --> 05:41.120]  or without a warrant? And then what I do when I flesh out questions in order to get a complete
[05:42.080 --> 05:48.720]  analysis of an issue we have to pretty well ask about every question you could imagine
[05:50.320 --> 05:58.960]  and then go to about every issue we can go to and this is actually what got me started down
[05:58.960 --> 06:05.600]  this track is we do this show and we get people calling in and talking about all sorts of issues
[06:06.560 --> 06:13.600]  and when we get one of these issues we tend to flesh it out. We get a lot of good input from
[06:13.600 --> 06:19.280]  our listeners and from Eddie and other people that are knowledgeable and we flesh out how to
[06:19.280 --> 06:22.880]  deal with the issue and then we go on to another one and another one and another one. The first
[06:22.880 --> 06:31.760]  one's get lost and we wind up doing a whole lot of work here and it's essentially wasted.
[06:33.120 --> 06:43.680]  It's not wasted, it helps a person who we helped out and we did this to help with but beyond that
[06:45.040 --> 06:50.720]  the work we did essentially gets lost so I'm putting together a question here and I'm going to
[06:50.720 --> 06:58.560]  start working it on the air. When we get an issue, when something comes up like warrant,
[06:58.560 --> 07:03.040]  the guys are arrested, okay, first thing I ask is you're arrested with a warrant or without a warrant
[07:04.720 --> 07:11.840]  and when I go down one of these tags I always take the yes answers. I try to answer, ask a yes
[07:11.840 --> 07:18.240]  no question. So I ask, were you arrested on an existing warrant? If they say yes, okay,
[07:18.240 --> 07:35.200]  what do you ask next? Was the warrant, did the warrant name you or did the officer present you
[07:35.200 --> 07:44.080]  with a copy of the warrant? And if you say yes, were you named in the warrant or was it a more
[07:44.080 --> 07:51.760]  general warrant that the officer asked for a particular, described a person to know who it
[07:51.760 --> 07:56.560]  was and the officer thinks you're the person, you know, this could happen on a warrant. So were
[07:56.560 --> 08:06.080]  you named in the warrant? And yes, Eddie, what's the next question? Besides were you named in the
[08:06.080 --> 08:12.240]  warrant? Does the warrant specify the offense allegedly committed? Exactly. Was the name of
[08:12.240 --> 08:18.800]  the state? No, no, no, one time. Stop, stop, stop, stop, stop. We can't ask 20 questions. That's
[08:18.800 --> 08:28.880]  the problem. You can only ask one at a time. So did it specify the charge that you,
[08:28.880 --> 08:40.000]  you, disspecified particular charge? Yes. What's the next one after that? Yes. Yes, can
[08:40.000 --> 08:47.200]  me again? Yeah. This is part of what I'm trying to figure out. I think I know these, but I need
[08:47.200 --> 08:52.480]  to ask them. Did it provide information to show that you commit, that the accused committed an
[08:52.480 --> 08:57.840]  offense against the penal law to the state? Exactly. We're going to the sufficiency of the
[08:57.840 --> 09:08.560]  warrant. So did it specifically allege a violation of a particular statute? And
[09:10.160 --> 09:16.960]  okay, this is where the question came in. And this is essentially where I stopped this morning.
[09:16.960 --> 09:27.760]  If it, how do we tell if the warrant is sufficient in this regard? Because
[09:28.640 --> 09:35.360]  the warrant really doesn't have to provide probable cause. Probable cause was provided somewhere else.
[09:37.360 --> 09:45.120]  So we, the only challenge to the sufficiency is it did it state a violation of the penal laws?
[09:45.120 --> 09:52.480]  And if it did that, then we can't really go any further into the sufficiency of that
[09:52.480 --> 09:56.560]  allegation. Then what would be the next thing? Was it signed by a magistrate?
[09:59.200 --> 10:02.640]  Yeah. What's it signed by a magistrate ahead of jurisdiction?
[10:05.040 --> 10:10.160]  Well, technically, any magistrate has jurisdiction to issue the warrant.
[10:10.160 --> 10:23.680]  Not necessarily. If it's a classy misdemeanor, only the magistrate within the venue can issue
[10:23.680 --> 10:32.080]  the warrant. If I remember right, I think that's a special case. Like if it's traffic ticket,
[10:32.080 --> 10:42.960]  only the magistrate, the judge with venue can issue the warrant. And technically,
[10:42.960 --> 10:48.320]  we'll argue that the can issue warrant anyway. Yeah, exactly. I was about to bring that up.
[10:48.960 --> 10:56.880]  Yeah, but I think there was, I remember running across an issue where only on a classy misdemeanor,
[10:56.880 --> 11:03.520]  only the magistrate within the venue can issue the warrant. These are the kinds of things
[11:04.240 --> 11:12.000]  that I need in this questionnaire. Because once we address this thing once,
[11:13.040 --> 11:19.040]  then now we have it in there. We just go to the questionnaire and follow down to that spot,
[11:19.040 --> 11:25.280]  and we got it. And we never had to go back and do it. So this is kind of what I wanted to do,
[11:25.280 --> 11:33.920]  to flesh out today with the questionnaire. But the problem I'm having is bringing up the document
[11:33.920 --> 11:43.680]  I need because I'm an old guy. And old guys don't multitask well. Heck, we don't multitask at all.
[11:45.840 --> 11:48.640]  So I'm trying to bring up the questionnaire so I can walk you down it.
[11:48.640 --> 12:00.000]  And haven't got there yet. Okay. The reason I take this fact and go down all the yes question
[12:00.000 --> 12:12.240]  answers is because these lines of questioning can get pretty complex. So what I want to do with them
[12:12.240 --> 12:20.320]  is walk down the line of questions and always go to the yes answer. If I ask this question,
[12:20.320 --> 12:25.520]  and they say yes, what do I ask next? And they say yes again, what do I ask next?
[12:26.320 --> 12:33.760]  Until I reach the stopping point. And in almost all of these, the stopping point is going to be
[12:33.760 --> 12:42.960]  did they take you directly to the nearest magistrate? If it's yes, then I jump to
[12:44.640 --> 12:49.280]  magistrate. Every one of them is going to get to this. If they say no,
[12:50.960 --> 12:59.520]  then did they take you to directly to jail? And if they say yes, then that goes to booking.
[12:59.520 --> 13:09.520]  And if they say no, then that goes to we're all terribly confused, explain. And that is the end
[13:09.520 --> 13:17.520]  of this line. So from the end of the line, then I start backing up the question before this,
[13:17.520 --> 13:24.400]  they said yes to what if they said no to it? Then what would we do? So we start down the line,
[13:24.400 --> 13:32.160]  take it to the end, and then start back up the line, taking the no answers and fleshing them out
[13:33.120 --> 13:38.560]  until we get back to the start. And then we will have a whole line fleshed out. Now we'll probably
[13:38.560 --> 13:45.680]  have to do that several times coming back because if they say no to this question and that triggers
[13:45.680 --> 13:54.800]  another question where we start back forward again, is this making sense? Kind of. Kind of in a
[13:54.800 --> 14:03.200]  rainy sort of way. Well, the only way we could sort this is to go to one side and take all of those.
[14:03.920 --> 14:08.400]  And then when we get to the end, we back up one, take the no side, and if they say no to one of
[14:08.400 --> 14:15.360]  those, then you ask another question. And then you got another yes, no scenario. And then you
[14:15.360 --> 14:21.680]  take the yeses out again until you get to the end and then you back back up to your at this point
[14:21.680 --> 14:28.080]  again. And then you back up a step and eventually we'll be going backwards and forwards on each
[14:28.080 --> 14:34.720]  of these lines, but they're like the roots of a tree. We'll back up to a branch and then take
[14:34.720 --> 14:41.040]  that branch to the end back out of it. Once we've cleared all the branches on it, then we back up
[14:41.040 --> 14:49.600]  to the next level. And with this method, we can pretty well pull out all of the available issues.
[14:50.960 --> 15:00.800]  But from the listener, the thing I want from you folks are the branches, tricks and traps,
[15:00.800 --> 15:08.000]  the stuff that's going on, the things that happen that we haven't addressed. Very soon,
[15:08.000 --> 15:18.720]  I'll make this thing available so most everybody can see it. And we'll take issues and walk down
[15:18.720 --> 15:28.000]  them and I want people to call in if they've had these kinds of issues. In my questionnaire,
[15:28.000 --> 15:36.240]  I have a lot of empty pages because what I do is I start down asking these questions and I ask if
[15:36.240 --> 15:48.960]  do you have reason to believe that the officer, when he swore before a magistrate to secure the
[15:48.960 --> 15:56.960]  warrant misrepresented the truth to the magistrate, if they say yes to that one, then that goes to
[15:56.960 --> 16:06.080]  the Frank's hearing. And then we go to flesh out a Frank's hearing. Well, I happen to know how to
[16:06.080 --> 16:11.920]  flesh out a Frank's hearing because it's came up before. But we'll get a lot of things like that
[16:11.920 --> 16:20.960]  and say, well, what the heck do we do now? At this point, I don't know. So what I do is on the page
[16:20.960 --> 16:31.360]  in the questionnaire, I'll put a link. I'll just say no, click here. And click here will go to a
[16:31.360 --> 16:38.160]  blank page. And I may put it on there. I don't know what to do here. And just so it's there.
[16:39.360 --> 16:45.680]  So in asking the questions, you come to a lot of those that haven't come up so that when we
[16:45.680 --> 16:52.800]  go back down through it, and that issue comes up, it's always in the questionnaire and we will
[16:52.800 --> 16:59.120]  eventually get that fleshed out. That's how this thing will grow into an electronic
[17:03.920 --> 17:12.160]  In the 80s, they did it to Reagan. A debt ceiling compromise. Democrats promising spending cuts
[17:12.160 --> 17:19.760]  but delivering only tax ideas. The 90s brought more compromises, more broken promises and more
[17:19.760 --> 17:26.080]  new taxes. This August, the next chapter will be written on defining moment.
[17:27.040 --> 17:34.000]  14 trillion in debt, basis unemployed, the dollar in decline. We know where they stand.
[17:34.640 --> 17:40.560]  But will our party's leaders repeat the mistakes of the past? Will they choose compromise or
[17:40.560 --> 17:48.560]  condition? One candidate has always been true. Ron Paul, cut spending, balance the budget,
[17:48.560 --> 17:56.800]  no deals. Standing up to the Washington machine, guided by principle, restore America now.
[17:56.800 --> 18:02.480]  I'm Ron Paul and I approve this message. Are you being harassed by debt collectors
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[18:07.680 --> 18:12.960]  Mirrors proven method. Michael Mirrors has won six cases in federal court against debt collectors
[18:12.960 --> 18:18.240]  and now you can win two. You'll get step-by-step instructions in plain English on how to win
[18:18.240 --> 18:24.000]  in court using federal civil rights statutes. What to do when contacted by phones, mail or court
[18:24.000 --> 18:28.560]  summons, how to answer letters and phone calls, how to get debt collectors out of your credit
[18:28.560 --> 18:34.400]  reports, how to turn the financial tables on them and make them pay you to go away. The Michael
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[18:52.640 --> 19:08.560]  michaelmirrors at yahoo.com to learn how to stop debt collectors now.
[19:08.560 --> 19:16.560]  The Michael Mirrors proven method is the solution for how to win in court using federal civil rights
[19:16.560 --> 19:24.560]  statutes. What to do when contacted by phones, mail or court summons, how to get debt collectors
[19:24.560 --> 19:28.560]  out of your credit reports, how to get debt collectors out of your credit reports, how to
[19:28.560 --> 19:34.560]  get debt collectors out of your credit reports, how to get debt collectors out of your credit
[19:34.560 --> 19:44.080]  reports, how to get debt collectors out of your credit reports, how to get debt collectors out of
[19:44.080 --> 19:59.200]  your credit reports. When contacted by phones, mail or court summons, mail or court summons,
[19:59.200 --> 20:02.560]  The guys we fell a little too far at sea
[20:02.560 --> 20:05.660]  And then we got to get back on course, we wanna leave
[20:05.660 --> 20:08.760]  So we go on with a heavy advisory
[20:08.760 --> 20:12.480]  From the man that came all the way from Galilee
[20:12.480 --> 20:15.520]  I'm gonna just call the state by one place to be
[20:15.520 --> 20:18.480]  Well, I don't have to work so hard to be free
[20:18.480 --> 20:21.600]  Some guys are trying to rewrite history
[20:21.600 --> 20:23.160]  But they got caught
[20:23.160 --> 20:28.080]  Now them guys got to plead, it looks like justice
[20:28.080 --> 20:32.800]  Looks like justice
[20:32.800 --> 20:35.120]  Okay, we're back, great, got to get us to eat
[20:35.120 --> 20:38.120]  Zed Craig, we have our radio
[20:38.120 --> 20:40.920]  And when we went out, we were talking about
[20:40.920 --> 20:47.000]  All of these mucho multiple issues that keep coming up
[20:47.000 --> 20:50.040]  And we're gonna start using you guys to help us
[20:50.040 --> 20:52.200]  Fill in all the blanks
[20:52.200 --> 20:57.360]  And I think we may actually have some blanksillers
[20:57.360 --> 21:00.800]  Calling again, Norman, California
[21:00.800 --> 21:04.040]  If you got a blank decilience voice
[21:04.040 --> 21:08.080]  Well, mostly I'm just looking for a couple of stunts to chump
[21:08.080 --> 21:10.400]  So I hope this isn't a pointer
[21:10.400 --> 21:12.160]  That's Eddie, that's Eddie
[21:12.160 --> 21:16.560]  Okay, you guys are talking about something real specific
[21:16.560 --> 21:20.000]  And mine has to do with evidence and whatnot
[21:20.000 --> 21:21.920]  But not Frank's hearings or anything
[21:21.920 --> 21:23.160]  That's okay, go ahead
[21:23.160 --> 21:28.760]  Okay, I had a question about evidence and
[21:28.760 --> 21:32.080]  Well, in my, I have a civil action going on
[21:32.080 --> 21:36.160]  And per Dr. Graves' suggestion, I had it verified by the notary
[21:36.160 --> 21:38.440]  Filed that with the complaint
[21:38.440 --> 21:43.760]  And, you know, I had my factual contentions that
[21:43.760 --> 21:46.080]  This thing happened and that thing happened
[21:46.080 --> 21:50.800]  And then interspersed were allegations that
[21:50.800 --> 21:56.280]  The defendants violated the law by doing X and Y
[21:56.280 --> 22:01.520]  So, my question has to do with
[22:01.520 --> 22:04.720]  My verified complaint and what's in it
[22:04.720 --> 22:09.440]  Is, are those facts in evidence now?
[22:09.440 --> 22:14.160]  The defendants didn't have never filed an affidavit in this case
[22:14.160 --> 22:19.920]  There's nothing contradicting what I alleged, so
[22:19.920 --> 22:25.520]  Okay, has a verified affidavit
[22:25.520 --> 22:28.320]  In the form of a statement of facts
[22:28.320 --> 22:32.880]  Either, has there been a statement of facts included in a motion
[22:32.880 --> 22:39.440]  Or has there been a separate, I'm sorry, in a verified motion
[22:39.440 --> 22:43.280]  Or has there been a separate affidavit
[22:43.280 --> 22:47.760]  That was verified, accepted into the court record
[22:47.760 --> 22:53.920]  My complaint is the only thing with an affidavit attached to it
[22:53.920 --> 22:56.600]  Does the affidavit verify it?
[22:56.600 --> 22:58.840]  Yes
[22:58.840 --> 23:01.880]  Does it contain a statement of facts?
[23:01.880 --> 23:06.440]  It was notarized that everything in this is true
[23:06.440 --> 23:10.080]  Okay, it is before the court
[23:10.080 --> 23:11.560]  It is
[23:11.560 --> 23:15.440]  Yes, if it has been filed into the record and accepted into the record
[23:15.440 --> 23:17.720]  It is before the court
[23:17.720 --> 23:18.560]  Right, yeah
[23:18.560 --> 23:24.280]  Now, however, did they file an answer to your suit?
[23:24.280 --> 23:29.920]  No, they're going out of their way to try to get it dismissed
[23:29.920 --> 23:34.400]  Okay, did they file a responsive pleading?
[23:34.400 --> 23:38.480]  We've talked about this before, they say yes, I say no
[23:38.480 --> 23:40.000]  What did they file?
[23:40.000 --> 23:43.560]  All they ever said was, under Rule 12B1
[23:43.560 --> 23:47.000]  We will file a motion to dismiss
[23:47.000 --> 23:49.720]  That's not a responsive pleading
[23:49.720 --> 23:50.720]  Yeah, I say no
[23:50.720 --> 23:56.040]  You file a motion for a default judgment
[23:56.040 --> 23:58.440]  And let them deal with it
[23:58.440 --> 24:01.240]  No answer default
[24:01.240 --> 24:06.760]  Notifying the court that they will file a Rule 12 motion is not a responsive pleading
[24:06.760 --> 24:11.560]  What was the nature of the claim?
[24:11.560 --> 24:14.280]  The cause of the claim
[24:14.280 --> 24:15.520]  Yours?
[24:15.520 --> 24:16.720]  Mine
[24:16.720 --> 24:18.160]  You're the plaintiff, right?
[24:18.160 --> 24:21.240]  Right, I just made it
[24:21.240 --> 24:24.200]  It had to do with
[24:24.200 --> 24:29.320]  The defendants are my ex-bosses
[24:29.320 --> 24:30.360]  Oh, okay, okay
[24:30.360 --> 24:35.040]  The reason I ask that question is there are a couple of things that would
[24:35.040 --> 24:40.320]  You know, like, we're filing a suit that's going to stand it
[24:40.320 --> 24:46.680]  And when the other side comes back with the Rule 12 motion
[24:46.680 --> 24:50.200]  We go after them for sanctions
[24:50.200 --> 24:56.920]  Because this is something they would have to have
[24:56.920 --> 25:01.880]  I mean, standing and if they had to agency to represent the principal
[25:01.880 --> 25:05.000]  In order for attorney to represent a principal
[25:05.000 --> 25:08.400]  He can't accept the statements of the principal, it's true
[25:08.400 --> 25:12.800]  He must test the veracity of the statements of his principal
[25:12.800 --> 25:16.720]  Because he's responsible for the pleading that he files
[25:16.720 --> 25:18.520]  That's why I was going to that issue, so
[25:18.520 --> 25:21.280]  And that's very apropos in that case
[25:21.280 --> 25:27.560]  Because they removed it out of state court, the federal court claiming there was information now available
[25:27.560 --> 25:29.400]  Oh, wait, stop, stop
[25:29.400 --> 25:32.960]  They removed it from the state to the fed?
[25:32.960 --> 25:34.120]  Yeah
[25:34.120 --> 25:37.240]  For the purpose of filing a Rule 12 to dismiss?
[25:37.240 --> 25:38.640]  Exactly
[25:38.640 --> 25:43.600]  That's frivolous, the courts have held that that is a
[25:43.600 --> 25:46.760]  That's frivolous in its grounds for sanctions
[25:46.760 --> 25:51.440]  And I filed a motion for sanctions on everyone I could think of
[25:51.440 --> 25:52.320]  Good man
[25:52.320 --> 25:54.160]  And denied it
[25:54.160 --> 25:57.320]  Of course it's denied, did you bar grieve them?
[25:57.320 --> 25:58.400]  Oh yeah, many times
[25:58.400 --> 26:01.080]  Oh, good man, good man
[26:01.080 --> 26:04.920]  You just listened to all that
[26:04.920 --> 26:08.720]  Yeah, I'm in the 9th Circuit now, so
[26:08.720 --> 26:11.920]  Okay, I've called the man, Samus, that you've suggested
[26:11.920 --> 26:15.520]  Finally got that off, that was fun
[26:15.520 --> 26:19.640]  Good, good, you've covered your basis pretty well
[26:19.640 --> 26:21.360]  I think so
[26:21.360 --> 26:26.720]  But absolutely, your affidavit is in the record and it's un-rebudded
[26:26.720 --> 26:27.680]  Right
[26:27.680 --> 26:29.720]  How old is the case?
[26:29.720 --> 26:31.760]  A year
[26:31.760 --> 26:33.240]  What?
[26:33.240 --> 26:38.880]  Now they've removed to the fed and said that we're going to file a Rule 12
[26:38.880 --> 26:40.160]  Right
[26:40.160 --> 26:43.440]  Oh, absolutely, you want to get a
[26:43.440 --> 26:47.680]  We will move the court, they never went beyond that
[26:47.680 --> 26:49.400]  Okay, I guess a move from the court
[26:49.400 --> 26:50.600]  Never ran somewhere
[26:50.600 --> 26:56.480]  Okay, if you don't move for a Rule 12 motion to dismiss very soon
[26:56.480 --> 27:00.480]  The court will dismiss your action for lack of prosecution
[27:00.480 --> 27:05.800]  Well, I moved to remand the state court for lack of subject matter jurisdiction
[27:05.800 --> 27:08.600]  And the court ruled on the remand
[27:08.600 --> 27:09.920]  Pardon me?
[27:09.920 --> 27:20.960]  I would not, at this point, would say where is that and move against them for no actual default
[27:20.960 --> 27:26.120]  Yeah, my problem is it's in the circuit court now, so
[27:26.120 --> 27:30.000]  Well, it's in the, moved it with the 9th Circuit
[27:30.000 --> 27:33.520]  Oh, so can I start moving motions immediately?
[27:33.520 --> 27:34.760]  Absolutely
[27:34.760 --> 27:42.160]  Okay, because I did a, as you suggested, a motion for finding the fact and conclusions
[27:42.160 --> 27:49.840]  of law, district court blew me off and, but when I filed my notice of appeal
[27:49.840 --> 27:52.120]  Oh, wait, hold on
[27:52.120 --> 27:53.400]  The district court
[27:53.400 --> 27:57.560]  Which state district court?
[27:57.560 --> 27:59.160]  No, it's in the federal right now
[27:59.160 --> 28:05.880]  Okay, what ruling was issued for which you asked for findings of fact and conclusions
[28:05.880 --> 28:08.960]  of law?
[28:08.960 --> 28:11.120]  What issue was ruled on?
[28:11.120 --> 28:12.920]  What ruling was made?
[28:12.920 --> 28:14.920]  Uh, none
[28:14.920 --> 28:20.680]  They, okay, and that's why they blew you off because there are no findings of fact to be
[28:20.680 --> 28:24.720]  had or conclusions of law to be had at this point
[28:24.720 --> 28:25.720]  Right
[28:25.720 --> 28:32.080]  You can't ask that until the judge has rendered a ruling and you ask him, why the heck did
[28:32.080 --> 28:33.080]  you do that?
[28:33.080 --> 28:39.240]  He issued a court order, a final judgment, and he uses the word findings here and there
[28:39.240 --> 28:41.080]  so I said, oh, okay, well
[28:41.080 --> 28:43.880]  Oh, wait, wait, wait, wait, he issued a final judgment?
[28:43.880 --> 28:46.880]  He dismissed
[28:46.880 --> 28:51.920]  Was the, what was the nature of the dismissal?
[28:51.920 --> 28:55.960]  The court lack subject matter jurisdiction
[28:55.960 --> 28:58.960]  Oh, then, oh
[28:58.960 --> 29:01.840]  So it has to be remanded if the court
[29:01.840 --> 29:08.560]  No, this is what they do, you should file criminally against the judge
[29:08.560 --> 29:17.640]  And this is why, if you filed a mistake court and the other side removed to the federal
[29:17.640 --> 29:18.640]  court
[29:18.640 --> 29:23.920]  Okay, wait a minute, why did he say he lacked subject matter jurisdiction?
[29:23.920 --> 29:31.040]  Uh, he claims that, he just made this one up, claims I didn't exhaust administrative
[29:31.040 --> 29:32.040]  remand
[29:32.040 --> 29:43.440]  Okay, let me think about this over the break, this is Randy Kelton, Deborah Stevenson,
[29:43.440 --> 29:51.960]  Greg, we have a radio calling number 512-646-1984, we'll be right back with Norman, I see John
[29:51.960 --> 30:00.160]  Grant, we'll pick you up on the other side
[30:00.160 --> 30:05.520]  This is building 7, a 47 story skyscraper that fell on the afternoon of September 11th
[30:05.520 --> 30:10.960]  The government says that fire brought it down, however, 1500 architects and engineers concluded
[30:10.960 --> 30:12.440]  it was a controlled demolition
[30:12.440 --> 30:15.240]  Over 6,000 of my fellow service members have given their lives
[30:15.240 --> 30:18.040]  And thousands of my fellow force responders are dying
[30:18.040 --> 30:19.520]  I'm not a conspiracy theorist
[30:19.520 --> 30:20.520]  I'm a structural engineer
[30:20.520 --> 30:21.880]  I'm a New York City correction officer
[30:21.880 --> 30:22.880]  I'm an Air Force pilot
[30:22.880 --> 30:24.480]  I'm a father who lost his son
[30:24.480 --> 30:27.040]  We're Americans, and we deserve the truth
[30:27.040 --> 30:29.800]  Go to RememberBuilding7.org today
[30:29.800 --> 30:37.120]  Please scan your next item, that annoying mechanical voice from the self-check out lane
[30:37.120 --> 30:39.000]  may soon be silenced for good
[30:39.000 --> 30:44.160]  I'm Dr. Cameron Albrecht, and I'll have great news on the death of computerized cashiers
[30:44.160 --> 30:45.160]  next
[30:45.160 --> 30:47.480]  Privacy is under attack
[30:47.480 --> 30:51.040]  When you give up data about yourself, you'll never get it back again
[30:51.040 --> 30:55.880]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[30:55.880 --> 31:00.680]  So protect your rights, say no to surveillance, and keep your information to yourself
[31:00.680 --> 31:03.560]  Privacy, it's worth hanging on to
[31:03.560 --> 31:07.200]  This public service announcement is brought to you by StartPage.com
[31:07.200 --> 31:11.160]  The private search engine alternative to Google, Yahoo, and Bing
[31:11.160 --> 31:14.040]  Start over with StartPage
[31:14.040 --> 31:18.760]  Apparently I'm not the only one who hates the self-serve check stands at stores
[31:18.760 --> 31:23.520]  After a decade of trying them, retailers are finally acknowledging studies that say shoppers
[31:23.520 --> 31:27.640]  would rather dodge the self-serve lane and head for a human cashier
[31:27.640 --> 31:32.800]  Today just 16% of grocery store transactions go through self-check out lanes
[31:32.800 --> 31:35.960]  That's down from a high of 22% three years ago
[31:35.960 --> 31:40.200]  Shoppers say they're more satisfied when they pay people, not cold computers
[31:40.200 --> 31:45.800]  In response, grocery chains like Big Y and Albertsons plan to bag the do-it-yourself option
[31:45.800 --> 31:48.720]  and bring back customer service, hooray!
[31:48.720 --> 31:53.400]  Now if only they dump the purchase tracking cards, I mean membership cards
[31:53.400 --> 31:57.720]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[31:57.720 --> 32:15.480]  Yeah, I got a warrant, and I gonna solve them, to the head of government them, prosecute them
[32:15.480 --> 32:20.800]  Okay, what's up?
[32:20.800 --> 32:26.640]  Okay, we're back, we're into shopping games, it's been pretty crazy with my radio
[32:26.640 --> 32:31.760]  We're talking to Norman in California
[32:31.760 --> 32:42.520]  And, okay, the judge, did you move to remand after it was removed to the federal court?
[32:42.520 --> 32:46.680]  Yes, almost immediately, within a week or two
[32:46.680 --> 32:51.720]  Okay, and did the judge hear your motion to remand?
[32:51.720 --> 32:56.160]  He denied it in October, I think
[32:56.160 --> 33:05.600]  Okay, then, you should rule, okay, he ruled that you didn't exhaust administrative remedies
[33:05.600 --> 33:12.400]  Okay, this will go to the nature of the case
[33:12.400 --> 33:18.400]  So, it's not really done, all he did was delay it
[33:18.400 --> 33:27.440]  So, what was done, are the administrative remedies, they claim something you can perform?
[33:27.440 --> 33:34.080]  Repeat those last few
[33:34.080 --> 33:37.360]  But say that again
[33:37.360 --> 33:38.960]  Could you repeat that question?
[33:38.960 --> 33:44.160]  They said you failed to exhaust an administrative remedy
[33:44.160 --> 33:54.800]  Is the remedy something you can't exhaust, for instance, did you send them a tort letter?
[33:54.800 --> 34:03.200]  No, they're talking about when all this nonsense was going on, that there were certain bureaucratic remedies available to me
[34:03.200 --> 34:05.920]  And they just keep saying over and over
[34:05.920 --> 34:11.920]  Are they statutory bureaucratic remedies, or are they involuntary?
[34:11.920 --> 34:16.480]  Did you attempt to exercise the remedies?
[34:16.480 --> 34:22.880]  I not only exhausted three of them, so I did everything I could
[34:22.880 --> 34:33.600]  Okay, then you're looking at an appeal, and you might look at a judicial conduct complaint against the judge if he failed to apply the law to the facts
[34:33.600 --> 34:40.880]  The judges are corrupt, they're going to do whatever heck they want to, they're going to rule on the side of their buddy lawyers
[34:40.880 --> 34:43.440]  Unless we do something about it
[34:43.440 --> 34:53.440]  Yeah, and it's clear he hasn't read anything of it, he just reads the other side, and does what the federal attorney wants him to do, and that's that
[34:53.440 --> 34:55.280]  I mean, they work in the city building
[34:55.280 --> 34:58.240]  So, file judicial conduct complaint against you
[34:58.240 --> 35:00.640]  I can do more, you bet
[35:00.640 --> 35:05.440]  That's going to stick his bond, that'll stay with him forever
[35:05.440 --> 35:09.440]  He is not going to be happy about that
[35:09.440 --> 35:15.680]  But there's nothing he can do to you about it, because he's reading against you out of hand at every turn anyway
[35:15.680 --> 35:16.800]  Right
[35:16.800 --> 35:19.680]  So, you know, you got nothing to worry about
[35:19.680 --> 35:28.640]  The only one to have something to worry about is the lawyer on the other side, because his judge is not going to be happy
[35:28.640 --> 35:35.040]  When he's got a client, or got a litigant that's kicking his behind
[35:35.040 --> 35:37.840]  The cost of this lawyer
[35:37.840 --> 35:44.240]  So, you start kicking the judges behind, and your prosaic has nothing to do with you
[35:44.240 --> 35:46.800]  You know, if you're an attorney, he could come at you
[35:46.800 --> 35:48.080]  Right
[35:48.080 --> 35:54.080]  But as a prosaic, he better not even say a word about it
[35:54.080 --> 36:00.080]  One word about that, and that would get tampering with the witness obstruction of justice
[36:00.080 --> 36:07.680]  Because, in the Fed, when you file a judicial conduct complaint, it's an action in the court
[36:07.680 --> 36:12.800]  It's not like in the states where you file with an administrative agency
[36:12.800 --> 36:16.640]  You file this as an action in the court
[36:16.640 --> 36:21.120]  So, you are a witness
[36:21.120 --> 36:25.840]  One thing I'm a little concerned about is that it goes to the appellate court
[36:25.840 --> 36:30.880]  And they've already shown me that they will rubber stamp the lower court action
[36:30.880 --> 36:33.520]  Of course they will, we don't care
[36:33.520 --> 36:37.120]  But now that I've appealed to them, I'm wondering
[36:37.120 --> 36:42.560]  They're going to do the same thing, is this what we expect?
[36:42.560 --> 36:46.720]  You know, maybe they won't, you know, if you start hammering the judge
[36:46.720 --> 36:52.640]  That's the only way you're going to give them any reason not to just screw you oil out of hand
[36:52.640 --> 36:54.160]  Okay
[36:54.160 --> 36:57.760]  They're going to do that anyway
[36:57.760 --> 37:02.160]  So, going after them, heck, you got nothing to lose
[37:02.160 --> 37:03.600]  I'm good to me
[37:03.600 --> 37:07.840]  They ain't going to get no better
[37:07.840 --> 37:11.600]  So, just to double, it just makes rock solid
[37:11.600 --> 37:18.160]  So, my verified complaint, everything in there is tax-inevitant, then?
[37:18.160 --> 37:19.680]  Yes, that's an evidence
[37:19.680 --> 37:21.520]  Okay, that
[37:21.520 --> 37:25.680]  If it's verified and it's accepted into the court record, it's an evidence
[37:25.680 --> 37:32.640]  He has to address it, if he didn't address it, that's a great thing to go after him
[37:32.640 --> 37:35.920]  And, you know, attorneys will never say anything bad about it, judge
[37:35.920 --> 37:37.600]  You can say anything you want to
[37:37.600 --> 37:38.640]  Yeah
[37:38.640 --> 37:40.320]  Get it on the record
[37:40.320 --> 37:44.480]  The cool part about the allegations is they submitted a brief that said
[37:45.760 --> 37:52.000]  The defendants accept all the allegations as true for the purposes of subject matter jurisdiction
[37:52.640 --> 37:56.480]  But I never get tired of quoting that one
[37:56.480 --> 37:57.280]  Wait a minute
[37:57.280 --> 38:07.280]  Except as true for the purposes of subject matter jurisdiction
[38:07.280 --> 38:08.080]  Right
[38:08.080 --> 38:10.080]  That is interesting
[38:10.080 --> 38:18.080]  Yeah, so I'm accusing them of violating dozens and dozens and dozens of laws and they go, yeah, we've got that
[38:18.080 --> 38:20.080]  Okay
[38:20.080 --> 38:30.080]  Okay, are there other, the laws that they have violated, do those laws have remedy?
[38:32.080 --> 38:38.880]  You know, okay, what I'm going to put to you is Truth in Lending Act has a remedy written into the law
[38:38.880 --> 38:42.080]  To violate this act, this is what you can do to them
[38:42.080 --> 38:46.880]  Do the laws that they have violated have individual remedies?
[38:46.880 --> 38:54.880]  You know, a lot of them are just contractual agreements, you know, labor union kind of agreements
[38:54.880 --> 38:58.880]  That kind of stuff, many of them are bred out of statute
[39:00.880 --> 39:04.880]  But of course, I based everything on California statutory law
[39:04.880 --> 39:06.880]  Yeah
[39:06.880 --> 39:14.880]  So, okay, the statutes that they violate, what remedy is written into the statute?
[39:14.880 --> 39:18.880]  Really nothing, it just says this will occur
[39:18.880 --> 39:26.880]  Well, generally when that's the case, if you look at the end of the section
[39:26.880 --> 39:34.880]  It will generally say state what a violation of this section amounts to
[39:34.880 --> 39:40.880]  You might check that and see if there is almost always a remedy
[39:40.880 --> 39:42.880]  Okay, I'll take it
[39:42.880 --> 39:50.880]  A restriction or some type of statutory mandate, they almost always write the remedy
[39:50.880 --> 39:58.880]  Or at the beginning of it, they'll put a cause of action of such and such time shall arise under the following conditions and circumstances
[39:58.880 --> 40:00.880]  I'm not sure any of that would apply
[40:00.880 --> 40:04.880]  It's basically say, well, you can file a grievance
[40:04.880 --> 40:10.880]  You can do it this way, you can do it that way, you can do it this other way
[40:10.880 --> 40:14.880]  So I don't know if that applies to what you're talking about
[40:14.880 --> 40:18.880]  So once you file the grievance, okay
[40:18.880 --> 40:36.880]  Are you under some kind of contract that requires you to exercise a specific type of contractual remedy like mediation or something?
[40:36.880 --> 40:38.880]  Yeah, those are all in there
[40:38.880 --> 40:40.880]  Okay
[40:40.880 --> 40:48.880]  Does the contract stipulate a specific mediation company?
[40:48.880 --> 40:52.880]  No, there's people who specialize in being mediators
[40:52.880 --> 40:54.880]  Yeah, well, that's to understand
[40:54.880 --> 41:04.880]  But if the contract stipulates a particular mediation company, then the contract is void in that respect
[41:04.880 --> 41:06.880]  That's why I was asking that particular question
[41:06.880 --> 41:12.880]  I don't think there's a company, I think they're just lone individuals in the outfit
[41:12.880 --> 41:20.880]  Okay, are you required to, okay, it requires you to go to mediation
[41:20.880 --> 41:26.880]  Does it require you to accept the mediation as binding?
[41:26.880 --> 41:34.880]  I think so, but just to cut to the chase, I demanded mediation, they refused to mediate
[41:34.880 --> 41:38.880]  Okay, so that's not an issue
[41:38.880 --> 41:44.880]  Did they stipulate what administrative remedies you failed to exercise?
[41:44.880 --> 41:50.880]  Pretty much everyone that I did exercise, it was so foolish, it's hard to describe
[41:50.880 --> 41:56.880]  Then you need to file criminally against the judge with a local grand jury
[41:56.880 --> 42:06.880]  Okay, if the federal judge sat there on the bench and denied you in every right you had, that's criminal
[42:06.880 --> 42:12.880]  But that courtroom he's sitting in is not federal property, the state property
[42:12.880 --> 42:16.880]  I've been meaning to look into that with the Secretary of State
[42:16.880 --> 42:24.880]  Yeah, check that, generally the only property that is ceded to the state are federal prisons
[42:24.880 --> 42:32.880]  Military bases are not ceded to the fed
[42:32.880 --> 42:42.880]  The states cede the federal prisons to the fed so that the fed can police the federal prisons themselves
[42:42.880 --> 42:46.880]  But they tend not to do that on the military bases
[42:46.880 --> 42:50.880]  Remember the movie The Presidio?
[42:50.880 --> 43:02.880]  John Connery is a local sheriff, guy gets killed on The Presidio, the local sheriff comes in because that's his state common law crime
[43:02.880 --> 43:06.880]  And official oppression is a crime in the state of California
[43:06.880 --> 43:14.880]  If the judge sitting on that bench exerts a purports to exert an authority he does not expressly have
[43:14.880 --> 43:23.880]  or fails to perform a duty he is required to perform and in the process demands you in the full and free access to or enjoyment or right
[43:23.880 --> 43:26.880]  That is a crime in the state of California
[43:26.880 --> 43:27.880]  Okay
[43:27.880 --> 43:34.880]  And you should not go to the appeals court with that, you should appeal it to a grand jury
[43:34.880 --> 43:40.880]  Appeal it to a grand jury of your peers, not that chomp's peers
[43:40.880 --> 43:46.880]  I'm going to get off because I've been on for a long time, thank you for everything
[43:46.880 --> 43:50.880]  Okay, thank you, and this is Randy Charlton W.T. with Daddy Craig
[43:50.880 --> 43:54.880]  News on Radio, John will be back with you on the other side
[43:54.880 --> 44:00.880]  Call in number 512-646-1984
[44:00.880 --> 44:05.880]  Bioclosity bombing, top 10 reasons to question the official story
[44:05.880 --> 44:10.880]  Reason number 2, why was the ATF AWOL?
[44:10.880 --> 44:19.880]  Paramedic Tiffany Bible, who was on the scene within 5 minutes, has stated in an effort David that agents of the Bureau of Alcohol, Tobacco and Firearms told her that they were not in the opposite apartment
[44:19.880 --> 44:26.880]  D&T Catherine Mallant also overheard one agent say to another, close, is that why we got the page to not come in today, in court
[44:26.880 --> 44:33.880]  Bruce Shaw's interview on KFOR TV was also told by ATF agents that they had been paid to not come into work
[44:33.880 --> 44:41.880]  The ATF initially denied these claims, and now variously claim that one of their agents was in a free falling elevator which has been disproven
[44:41.880 --> 44:45.880]  Or that they had been in an all night stick out, or that they had been in a golf tournament
[44:45.880 --> 44:55.880]  As they try to sort out their lies, all we want to know is, did the ATF receive a warning, and if so, why did they not pass it on to others in the middle of the world?
[44:55.880 --> 44:59.880]  For more information go to okcthombandtruth.com
[44:59.880 --> 45:03.880]  Are you the plaintiff or defendant in a lawsuit?
[45:03.880 --> 45:14.880]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand 4 CD course that will show you how in 24 hours, step by step
[45:14.880 --> 45:18.880]  If you have a lawyer, know what your lawyer should be doing
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[45:22.880 --> 45:27.880]  Thousands have won with our step by step course, and now you can too
[45:27.880 --> 45:33.880]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience
[45:33.880 --> 45:42.880]  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
[45:42.880 --> 45:51.880]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more
[45:51.880 --> 46:00.880]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ
[46:21.880 --> 46:34.880]  Randy Kelton, Devil Steven, Amy Craigsley, Love Radio
[46:34.880 --> 46:40.880]  We are going to John in New York
[46:40.880 --> 46:44.880]  John, what do you got for us?
[46:44.880 --> 46:47.880]  I got something interesting here Randy, I think you're going to like this
[46:47.880 --> 46:52.880]  Okay, wait, before you start, I got a question for you
[46:52.880 --> 46:59.880]  About New York, because I think Pastor Massett fibbed to me today
[46:59.880 --> 47:06.880]  I talked to him today, he wanted me to come up to New York, and I told him it was in the 70s here in Texas
[47:06.880 --> 47:11.880]  And it was absolutely the most perfect day God ever made
[47:11.880 --> 47:17.880]  He told me it was in the 80s and upstate New York
[47:17.880 --> 47:24.880]  And I want to know if it was 80 above or 80 below
[47:24.880 --> 47:27.880]  I like that one
[47:27.880 --> 47:32.880]  I think he was pulling my leg
[47:32.880 --> 47:37.880]  Honestly, I don't think you'd have a temerity to touch your leg
[47:37.880 --> 47:39.880]  Are you ready for this one?
[47:39.880 --> 47:41.880]  Yes
[47:41.880 --> 47:46.880]  Randy, this is an investment property, let me just make that clear so you understand where I'm coming from
[47:46.880 --> 47:51.880]  I got off the phone with David Lewis, he spent the better part of an hour with him
[47:51.880 --> 47:55.880]  He asked me to pose this question to you because I asked him
[47:55.880 --> 48:01.880]  I was served with a foreclosure law student in August of 2010 by Wells Fargo
[48:01.880 --> 48:06.880]  I hired an attorney who answered the complaint in state court
[48:06.880 --> 48:10.880]  During that process, the bank came back with a settlement
[48:10.880 --> 48:15.880]  They were going to offer me, I have to give them $8,000 and a good-fate payment
[48:15.880 --> 48:19.880]  Plus two months' mortgage for different months
[48:19.880 --> 48:24.880]  5% interest, which I agreed to, but I told them I was not going to be signed in my rights to wear
[48:24.880 --> 48:28.880]  I was going to sign the document with prejudice
[48:28.880 --> 48:30.880]  I hadn't heard from them since
[48:30.880 --> 48:38.880]  After that process, the original attorney's firm who filed the lawsuit, Stephen J. Baum, here in New York
[48:38.880 --> 48:41.880]  was shut down by the Justice Department
[48:41.880 --> 48:44.880]  The whole firm was shut down by the Justice Department
[48:44.880 --> 48:51.880]  Now, my question to you, Randy, is I told my attorney before I found out about Baum's firm being shut down
[48:51.880 --> 48:56.880]  I told him that I wanted to request an RJI, put this in front of a judge
[48:56.880 --> 49:00.880]  Wait a minute, an RJI?
[49:00.880 --> 49:03.880]  Yeah, a request for judicial intervention
[49:03.880 --> 49:07.880]  Oh, okay. What was the nature of the intervention you were asking for?
[49:07.880 --> 49:14.880]  Well, I wanted the bank, the lawsuit that my attorney filed was to prove standing
[49:14.880 --> 49:18.880]  And other things that he added onto that, which I wanted the answer to
[49:18.880 --> 49:22.880]  Does the bank have standing to this particular property?
[49:22.880 --> 49:29.880]  So, my question is, do I allow this process to go forward with this request for judicial intervention?
[49:29.880 --> 49:34.880]  Or do I tone the whole off on that and let the bank surface
[49:34.880 --> 49:38.880]  and let them come up with something where I could respond against that?
[49:38.880 --> 49:41.880]  Or should I take it to federal court?
[49:41.880 --> 49:45.880]  Okay, so now let me back up and figure out where we're at here
[49:45.880 --> 49:47.880]  You filed into state court
[49:47.880 --> 49:48.880]  Right
[49:48.880 --> 49:53.880]  And you made a challenge to standing of the bank
[49:53.880 --> 49:57.880]  Did you challenge agency of the law firm?
[49:57.880 --> 50:01.880]  Uh, the law firm that actually filed the suit?
[50:01.880 --> 50:02.880]  Yes
[50:02.880 --> 50:03.880]  No
[50:03.880 --> 50:08.880]  Okay, I want to take you, I want you to take your right hand, hold it up by your face
[50:08.880 --> 50:10.880]  and knock from ten to ten to yourself
[50:10.880 --> 50:21.880]  Okay, you might want to consider moving to strike all of the responses by the bank
[50:21.880 --> 50:24.880]  filed by this law firm
[50:24.880 --> 50:30.880]  because the law firm, if they had been shut down
[50:30.880 --> 50:38.880]  then they were not, it goes to disqualify the law firm
[50:38.880 --> 50:44.880]  and move for summary judgment against the bank
[50:44.880 --> 50:49.880]  or the no answer default as the court distracted please
[50:49.880 --> 50:58.880]  and file agency, challenge the agency of the law firm to represent the principle
[50:58.880 --> 51:04.880]  What was the nature of the issue against this law firm?
[51:04.880 --> 51:09.880]  Uh, the issue wasn't against the law firm itself, Randy, because before they were shut down
[51:09.880 --> 51:12.880]  they had court counsel, so it looks like they pulled themselves away from it
[51:12.880 --> 51:19.880]  No, I'm not asking for your issue, I'm asking what was the state's issue concerning the law firm?
[51:19.880 --> 51:21.880]  I'm not sure
[51:21.880 --> 51:28.880]  Okay, find out, because if it's brought in foreclosure
[51:28.880 --> 51:29.880]  Go ahead
[51:29.880 --> 51:33.880]  They got court verbal signing and fraud
[51:33.880 --> 51:36.880]  Okay, and this is in foreclosure issues
[51:36.880 --> 51:37.880]  Right
[51:37.880 --> 51:42.880]  Okay, then go back and move to strike all their pleadings
[51:42.880 --> 51:46.880]  because they've been shown to be corrupt
[51:46.880 --> 51:51.880]  therefore the law firm did not come to the court with clean hands
[51:51.880 --> 51:54.880]  move to strike all their pleadings
[51:54.880 --> 51:58.880]  move for summary judgment or no answer default
[51:58.880 --> 52:05.880]  against the bank for hiring this fraudulent attorney to defraud you
[52:05.880 --> 52:09.880]  Go for the throat
[52:09.880 --> 52:15.880]  Can this be done with this request for judicial intervention or how would I proceed?
[52:15.880 --> 52:23.880]  Absent, just move to strike all the pleadings by this law firm
[52:23.880 --> 52:29.880]  move for sanctions against the bank for hiring this law firm knowing the bank
[52:29.880 --> 52:33.880]  because since they were acting in the bank's interest committing the fraud
[52:33.880 --> 52:38.880]  the presumption must be that the bank has responded yet superior
[52:38.880 --> 52:41.880]  knew exactly what these people were doing
[52:41.880 --> 52:44.880]  and asked the court to start the pleadings
[52:44.880 --> 52:49.880]  If the law firm is being hammered on at the moment
[52:49.880 --> 52:57.880]  the courts may say, yeah, they need a good butt-kicking and they may add to it
[52:57.880 --> 53:00.880]  Certainly couldn't hurt
[53:00.880 --> 53:04.880]  So we would ask my attorney to do this?
[53:04.880 --> 53:08.880]  Yeah, ask him to move to strike their pleadings
[53:08.880 --> 53:11.880]  Your attorney's not going to like it
[53:11.880 --> 53:14.880]  because he doesn't like going after other law firms
[53:14.880 --> 53:17.880]  but since this law firm's been shut down anyway
[53:17.880 --> 53:21.880]  then tell the attorney to go to the court
[53:21.880 --> 53:25.880]  so these people come to the court with unclean hands
[53:25.880 --> 53:28.880]  They were knowingly committing fraud
[53:28.880 --> 53:32.880]  It must be presumed that the bank knew they were committing fraud
[53:32.880 --> 53:36.880]  so they're coming before the court with unclean hands as well
[53:36.880 --> 53:41.880]  and therefore lack capacity to take the action they're taking
[53:41.880 --> 53:44.880]  These are the three things we go after first
[53:44.880 --> 53:48.880]  First is agency, standing in capacity
[53:48.880 --> 53:54.880]  The agent, in order to have agency to represent the client
[53:54.880 --> 53:58.880]  he has to come to the court with clean hands
[53:58.880 --> 54:02.880]  and he must bring his client to the court with clean hands
[54:02.880 --> 54:06.880]  but that's generally not the first issue, that's the third issue
[54:06.880 --> 54:09.880]  that goes to capacity
[54:09.880 --> 54:16.880]  First they have to prove, what you ask, that they have standing to enforce the note
[54:16.880 --> 54:22.880]  If they were to prove that they had an uninterrupted chain of ownership
[54:22.880 --> 54:26.880]  of the note and the lien document
[54:26.880 --> 54:30.880]  they still have to show capacity
[54:30.880 --> 54:35.880]  If in the process of collecting on the note
[54:35.880 --> 54:40.880]  or creating the note or processing the note
[54:40.880 --> 54:43.880]  they fail to follow law
[54:43.880 --> 54:46.880]  then they don't have capacity or certain laws
[54:46.880 --> 54:49.880]  For instance, you ask to see the original note
[54:49.880 --> 54:53.880]  They don't show it to you, you see C3-501
[54:53.880 --> 54:58.880]  Statutorily, a stop to them from further collection
[54:58.880 --> 55:02.880]  If you requested validation of the note
[55:02.880 --> 55:05.880]  and you did that with your lawsuit
[55:05.880 --> 55:10.880]  they are statutorily a stop from further collections until they validate their position
[55:10.880 --> 55:13.880]  That's statutorily a stop-all
[55:13.880 --> 55:21.880]  because they're statutorily a stop to have no capacity to take the action
[55:21.880 --> 55:29.880]  In that case, the great thing to do there is to put in abatement
[55:29.880 --> 55:33.880]  If they're trying to move ahead with the foreclosure or anything like that
[55:33.880 --> 55:37.880]  you move frugally in abatement
[55:37.880 --> 55:47.880]  You've asked for their agency standing in capacity
[55:47.880 --> 55:52.880]  and you have reason to believe that their statutorily is stopped
[55:52.880 --> 55:56.880]  because they've failed to abide by these statutes
[55:56.880 --> 56:00.880]  So you ask the court not to dismiss them to throw them out altogether
[56:00.880 --> 56:03.880]  which is hard to get the court to do
[56:03.880 --> 56:08.880]  but ask the court to abate all proceedings until they abide by our law
[56:08.880 --> 56:10.880]  until they prove that they abide by our law
[56:10.880 --> 56:18.880]  But in your case, you have a law firm who's been shut down for fraud
[56:18.880 --> 56:22.880]  So the presumption is he committed fraud against you
[56:22.880 --> 56:25.880]  because this is what they were doing as a matter of course
[56:25.880 --> 56:31.880]  The presumption must also be to depend on that
[56:31.880 --> 56:35.880]  So they both come with unclean hands, they don't have capacity
[56:35.880 --> 56:37.880]  Let me ask you this
[56:37.880 --> 56:41.880]  What do I do after that point?
[56:41.880 --> 56:46.880]  Do I file for quietile after that's done?
[56:46.880 --> 56:51.880]  That should be in your prayer
[56:51.880 --> 57:00.880]  Now, you can't really ask the court to grant you quiet title from all claims
[57:00.880 --> 57:03.880]  because if anybody claims after he don't know anything about
[57:03.880 --> 57:05.880]  he can't adjudicate those
[57:05.880 --> 57:13.880]  What he can give you is quiet title as concerns to this claimant
[57:13.880 --> 57:22.880]  And what I'm suggesting everybody ask for is quiet title concerning any claims
[57:22.880 --> 57:30.880]  based on the security instrument that is the source of their claim
[57:30.880 --> 57:39.880]  because the banks immediately after consummation of the note
[57:39.880 --> 57:48.880]  set about on a securitization process that had the effect of breaching the contract
[57:48.880 --> 57:57.880]  as it was your only purpose in securing that note was to achieve quiet title at completion
[57:57.880 --> 58:02.880]  Immediately the bank sold the note into a securitization program
[58:02.880 --> 58:06.880]  that created a condition where you could never get quiet title
[58:06.880 --> 58:09.880]  So you ask the bank, give me quiet title against him
[58:09.880 --> 58:13.880]  and any subsequent sales of that note because of him
[58:13.880 --> 58:16.880]  that you could ask him for
[58:16.880 --> 58:19.880]  And that's a good chance you can give me that
[58:19.880 --> 58:25.880]  I think you got a good shot, especially since you're hammering the attorney
[58:25.880 --> 58:29.880]  Hang on, we're about to go to the top of the hour
[58:29.880 --> 58:32.880]  This is Randy Kelton, Debra Steves, Eddie Craig, Greg LaRadio
[58:32.880 --> 58:37.880]  Our call in number is 512-646-1984
[58:37.880 --> 58:41.880]  We're talking to John in New York, Grant, I see you and Laura
[58:41.880 --> 58:43.880]  We'll get you on the other side
[58:43.880 --> 58:50.880]  This is generally bills up toward the end so get in line and we'll try to get to everyone
[58:50.880 --> 58:53.880]  We'll be right back on the other side
[58:53.880 --> 59:03.880]  Would you like to make more definite progress in your walk with God?
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[01:00:20.880 --> 01:00:43.880]  A former British official has admitted for the first time Britain was responsible for a spy plot in 2006 involving a fake rock in a Moscow park
[01:00:43.880 --> 01:00:53.880]  Jonathan Powell, Chief of Staff to then Prime Minister Tony Blair, said Russia had used the incident to bring in a law to crack down on foreign non-governmental organizations
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[01:01:01.880 --> 01:01:13.880]  Scotland Yard said Thursday 25,000 troops and police officers will be deployed in London during the summer Olympics. Royal Marines and police have become practicing drills around the city
[01:01:13.880 --> 01:01:26.880]  The $855 million security operation involving warplanes, two Navy ships and surface-to-air missiles comes amid government cuts to healthcare, education and other social programs
[01:01:26.880 --> 01:01:41.880]  The Justice Department Thursday indicted seven people and two companies, which ran the popular file-sharing site, MegaUpload.com, saying it avoided paying half a billion dollars in copyright fees
[01:01:41.880 --> 01:02:01.880]  Following the indictments, authorities in New Zealand arrested the site's operators. The indictment and arrests came the day after major websites blacked themselves out and rallies were held to protest the Stop Online Piracy Act and Protect IP Act to internet piracy bills currently being debated in Congress
[01:02:01.880 --> 01:02:25.880]  In response to the arrests, the hacker group Anonymous launched a tax against U.S. government targets shutting down the Justice Department's website. The websites of the Motion Picture Association of America, the Recording Industry Association of America and Universal Music Group, groups which have lobbied hard for the new legislation, also experienced intense flowdowns or complete failure Thursday
[01:02:25.880 --> 01:02:40.880]  An international debate over whether to sense a new research on bird flu may soon prove academic, and has other labs close in on similar findings that show how one of the most deadly viruses could mutate and be transmitted between humans
[01:02:40.880 --> 01:03:02.880]  Dutch scientist Ron Fouchier is pushing for openness. He is the lead researcher on the study that showed how the H5N1 virus can be transmitted through airborne droplets between ferrets, a model for studying influenza in people. In December, a U.S. advisory board asked the journal's nature and science to withhold details of the research for fear it could be used by terrorists
[01:03:10.880 --> 01:03:21.880]  You are listening to the Logos Radio Network. LogosRadioNetwork.com
[01:03:40.880 --> 01:03:56.880]  John, if we fleshed out your issue.
[01:03:56.880 --> 01:04:09.880]  Pretty much, Randy. I just have a couple of last questions for you. Basically, the attorney that I'm having right now, should we just stay in the state court and handle this there?
[01:04:09.880 --> 01:04:28.880]  I think so. I think with the way things are changing, the federal judges are really, really slow and reluctant to change the way they've been ruling. The state courts move more quickly because the local state judges are elected.
[01:04:28.880 --> 01:04:46.880]  So they're more responsive to these issues. They're looking at elections where the public is really, really upset at them. And when this happens, the public may not know who to vote for, but they certainly know who to vote against, and that's incumbent.
[01:04:46.880 --> 01:04:54.880]  So I suspect right now you're more likely to get a good ruling from a state judge than any federal.
[01:04:54.880 --> 01:05:00.880]  So mediation shouldn't be requested with this?
[01:05:00.880 --> 01:05:06.880]  I wouldn't want to be. Well, I don't know. You think they'll come to the table?
[01:05:06.880 --> 01:05:12.880]  I don't know who's representing this bank now, to be honest with you.
[01:05:12.880 --> 01:05:30.880]  And so, you know, they got a problem. They don't have anyone. Well, what you can claim is they weren't represented to start with. So, and this is a viable position to take that they were never represented.
[01:05:30.880 --> 01:05:45.880]  They brought this fraudulent company and the fraudulent company because it was fraudulent and never had stand, never had agency before the court that they couldn't invoke to some date.
[01:05:45.880 --> 01:05:58.880]  They couldn't file in the court because they were criminals and asked the court to strike all their pleadings. And if that, if you get that done, then the bank has a big problem.
[01:05:58.880 --> 01:06:02.880]  The bank should have a problem.
[01:06:02.880 --> 01:06:06.880]  What does it mean for us now?
[01:06:06.880 --> 01:06:13.880]  File a motion to strike all the pleadings by this lawyer.
[01:06:13.880 --> 01:06:22.880]  Motion for no answer default.
[01:06:22.880 --> 01:06:29.880]  Do we have to go through this administrative process where we send out a validation dispute letter and validate the debt?
[01:06:29.880 --> 01:06:41.880]  No. Once you file suit, that validation dispute letter is essentially moot. Your suit will have the same effect as a validation dispute letter.
[01:06:41.880 --> 01:06:52.880]  The statute only says that you have to demand that they validate the debt and you dispute the debt. And your lawsuit absolutely did that.
[01:06:52.880 --> 01:06:57.880]  So that's already out there. No, you don't have to go through any administrative process at this point.
[01:06:57.880 --> 01:06:58.880]  Okay.
[01:06:58.880 --> 01:07:09.880]  All you got to do is move for no answer default because you want to have your attorneys call me.
[01:07:09.880 --> 01:07:15.880]  Mr. Bank has a problem. What happens with us now with that?
[01:07:15.880 --> 01:07:23.880]  I don't know what your question really goes to. Is this a suit the bank filed or a suit you filed? Are you the plaintiff?
[01:07:23.880 --> 01:07:26.880]  No, no. They're the plaintiffs, actually.
[01:07:26.880 --> 01:07:29.880]  And did you file a countersuit?
[01:07:29.880 --> 01:07:32.880]  No countersuit. We just answered the complaint. That's it.
[01:07:32.880 --> 01:07:41.880]  Oh, okay. And there is no no answer default. Okay. Then you answered the suit. You moved for summary judgment.
[01:07:41.880 --> 01:07:42.880]  Summary judgment?
[01:07:42.880 --> 01:07:49.880]  Yeah. Moved for route 12 dismissal, just like they do. So that's not route 12 in New York.
[01:07:49.880 --> 01:07:55.880]  Moved to dismiss for failure state of claim, which cover can't be had.
[01:07:55.880 --> 01:08:05.880]  Stated no claims because it couldn't say the claim because they came to the court with unclean hands and failed invoke subject matter jurisdiction court.
[01:08:05.880 --> 01:08:06.880]  Ask the court.
[01:08:06.880 --> 01:08:14.880]  Since you don't need to go subject matter jurisdiction, just ask the court to strike their pleadings and dismiss the case.
[01:08:14.880 --> 01:08:20.880]  You can ask for dismissal with prejudice, but it's not likely to get it.
[01:08:20.880 --> 01:08:25.880]  But you can sure ask for it and you can ask for damages.
[01:08:25.880 --> 01:08:29.880]  How much would you say?
[01:08:29.880 --> 01:08:44.880]  I don't know. Pick a number. Go on our data input page on remedies and read the state website and fill out the data input page and we'll send you back a number.
[01:08:44.880 --> 01:08:50.880]  Okay. Well, Randy, just tell me what's that again.
[01:08:50.880 --> 01:08:55.880]  Remediesinrealestate.com.
[01:08:55.880 --> 01:09:04.880]  R E M E D I E S N I N real estate.com.
[01:09:04.880 --> 01:09:09.880]  Okay, Randy, when I finish this, I'm going to give you an update on this. How does that sound?
[01:09:09.880 --> 01:09:11.880]  That would be great.
[01:09:11.880 --> 01:09:13.880]  Listen, thank you so much.
[01:09:13.880 --> 01:09:20.880]  You are welcome. Okay, now we're going to go to Grant in Texas.
[01:09:20.880 --> 01:09:22.880]  Randy, I'm on.
[01:09:22.880 --> 01:09:23.880]  You're on.
[01:09:23.880 --> 01:09:33.880]  Okay, excellent. Well, I got some really interesting bombshell information related to anyone that has a foreclosure suit in Texas.
[01:09:33.880 --> 01:09:50.880]  It relates to the same thing you were talking about where a lot of the banks, I think they prefer to be in federal court as opposed to state district court because it appears that the federal judge is a little bit more favorable to the banks as opposed to the homeowners.
[01:09:50.880 --> 01:10:04.880]  So what happens normally is when someone files suit, of course, they sue the bank and then oftentimes they will sue the person who is supposedly the substitute trustee.
[01:10:04.880 --> 01:10:09.880]  That's the person that conducts the auction sale. Are you with me so far?
[01:10:09.880 --> 01:10:10.880]  I'm with you.
[01:10:10.880 --> 01:10:11.880]  Okay, excellent.
[01:10:11.880 --> 01:10:34.880]  So what happens is when a person sues that individual who claims to be the substitute trustee, the provision in the Texas property code, I believe it's 51.007, which says a trustee can file a verified denial and indicate that they reasonably believe that they were sued only because they were the trustee
[01:10:34.880 --> 01:10:54.880]  and they're not a necessary party to the suit. And so the banks, they want the so-called trustee to get out of the suit because then what happens is if that's the only party that was sued or the only defendant in Texas, then they can claim that there's a diversity of citizenship and they can get it removed to federal court.
[01:10:54.880 --> 01:11:06.880]  So what happens is, and I've vetted this, there's some other attorneys, so what's happening is they all filed this verified denial and they state that they were only sued because they were a trustee.
[01:11:06.880 --> 01:11:27.880]  Well, what happens is when you actually look at the property code, they're not claiming to be a trustee, they're claiming to be a substitute trustee. And when you look at the Texas property code, Chapter 51, there's a clear difference between a trustee, which is the party that's designated on the data trust
[01:11:27.880 --> 01:11:43.880]  and the substitute trustee, which is one that's appointed by the lender. Okay. And so the provision only relates to a trustee being able to file a verified denial and not a substitute trustee.
[01:11:43.880 --> 01:12:00.880]  Interesting. Yeah, it's very interesting. And like I said, I vetted this by some other attorneys and they kind of talked among themselves and apparently no one is even trying this. Everyone is challenging the appointment, saying that they were not a substitute trustee or properly appointed
[01:12:00.880 --> 01:12:20.880]  and no one's really looking at whether a verified denial even applies to a substitute trustee. And the reason, the reason you can know that there is a difference is that right after 51.007, I think it's just two sections down in the code,
[01:12:20.880 --> 01:12:36.880]  it talks about a trustee and a substitute trustee. So it's real clear that the word trustee does not include substitute trustee because later on it's as if the Texas legislature intentionally wanted to show trustee and substitute trustee.
[01:12:36.880 --> 01:12:47.880]  There's a different definition for both those terms and there's an entirely different meaning. So the trustee is the original party on the data trust and the substitute trustee is the one that's later appointed.
[01:12:47.880 --> 01:13:01.880]  So my contention is that they're airing when they try to rely on that provision because they're not the trustee. They're only the substitute trustee. Anyway, I want you to get your opinion on that.
[01:13:01.880 --> 01:13:19.880]  That is a great argument to make and I don't know how it would fly in the court. I haven't researched out the issue, but whether it flies or not, what we're doing is all about the money.
[01:13:19.880 --> 01:13:31.880]  Right. And you raised that issue. You look like you're going to stick the trustee in the suit and they're going to get real unhappy.
[01:13:31.880 --> 01:13:52.880]  They want to get the, like in some individual suits, that's the only party that keeps the case in the Texas court, whereas if that trustee, that so-called trustee can get out of the case, then that allows the bank to then move for removal to federal court.
[01:13:52.880 --> 01:14:07.880]  I see them doing that, but that's nonsense. Yeah, exactly. Is Wells Fargo actually trying to say that they don't have minimum contacts in Texas? Are they kidding?
[01:14:07.880 --> 01:14:28.880]  Or Bank of America? Under international shoe, all you have to do is do business in the state. International shoe goes to a company in California who did business with a company in Oklahoma.
[01:14:28.880 --> 01:14:38.880]  And because they regularly did business with the company in Oklahoma, they were held to have minimum contacts with the state.
[01:14:38.880 --> 01:14:47.880]  And if you have an office in the state, you absolutely have minimum contacts so you can't go to the fed.
[01:14:47.880 --> 01:15:04.880]  We got one of those suits when they moved to the federal court and then they removed it because of diversity issue. And this is Bank of America.
[01:15:04.880 --> 01:15:13.880]  Say what? You got to be kidding. That's the stupidest thing I ever heard of.
[01:15:13.880 --> 01:15:40.880]  While you were talking, I was thinking, if you craft your action against the substitute trustee claiming that the substitute trustee acted without authority and failed to do due diligence to ensure that he did in fact have authority,
[01:15:40.880 --> 01:15:55.880]  the claim is directly against him for his action and not for generically just because he is the appointed trustee. And that should negate that dumping him out of the suit anyway.
[01:15:55.880 --> 01:16:10.880]  Well, one of the other things I heard that was pointed out to me that I thought was interesting as well is in their verified denials, they offered to a certain deed of trust and they claimed that they were a substitute trustee under that deed of trust.
[01:16:10.880 --> 01:16:27.880]  But what they don't do is they don't point to the specific provision in the deed of trust where they claim to have their authority. And it was pointed out to me that as a tacit admission, they don't have authority under the deed of trust.
[01:16:27.880 --> 01:16:32.880]  So all they're doing is they're pointing to this 20, 30 page document.
[01:16:32.880 --> 01:16:46.880]  Okay, do we have some case law on that? I don't, I'm not aware of any case law, but I think it's a pretty strong argument that you can't point to a 30 page document without a specific provision.
[01:16:46.880 --> 01:16:49.880]  That's something I would like to see an argument on.
[01:16:49.880 --> 01:17:00.880]  Well, hang on, Grant, this is Randy Kelton, David Stevens, Eddie Craig with Law Radio. We'll be right back on the other side.
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[01:19:24.880 --> 01:19:29.880]  Okay, this is Randy Koffman, David Stewart, and then Craig, Lou Blaureu.
[01:19:29.880 --> 01:19:32.880]  We're talking to Grant in Texas.
[01:19:32.880 --> 01:19:38.880]  And, okay, Grant, I've got Kim Magnuson on the line.
[01:19:38.880 --> 01:19:44.880]  I was going to bring Kim on earlier, but he was a little late coming up, so we went ahead and got started.
[01:19:44.880 --> 01:19:56.880]  We were going to talk about the Judicial Conduct Commission, but Kim had a comment on your position and what you should do.
[01:19:56.880 --> 01:19:59.880]  Kim, will you tell us what you said on the break?
[01:19:59.880 --> 01:20:09.880]  Yeah, from my understanding, if they've answered and they've answered in a vague fashion, whether attempting to usurp some sort of a form of pleading,
[01:20:09.880 --> 01:20:19.880]  what you need to do is move for special exceptions on their answer and ask them to be more specific in the elements or strike the elements in the contract.
[01:20:19.880 --> 01:20:26.880]  The idea is you want a specificity, not just a general denial, and here we attach the contract.
[01:20:26.880 --> 01:20:36.880]  You want to know what element of the contract they're specifying is just an authority in order for you to marshal your case.
[01:20:36.880 --> 01:20:52.880]  So, special exceptions would most likely be the approaches you could take on that to make them strike their pleads because they're not specific.
[01:20:52.880 --> 01:20:54.880]  Is that Grant?
[01:20:54.880 --> 01:20:57.880]  Hold on.
[01:20:57.880 --> 01:21:00.880]  I am not very good at multitasking.
[01:21:00.880 --> 01:21:02.880]  Okay, I unmuted you, Grant.
[01:21:02.880 --> 01:21:04.880]  Yes, I'm here.
[01:21:04.880 --> 01:21:07.880]  Okay, go ahead. You were muted.
[01:21:07.880 --> 01:21:14.880]  Oh, okay, sorry. So, yes, I caught that. That's a great suggestion. I'm going to look to do the special exception.
[01:21:14.880 --> 01:21:19.880]  There's two quick things I want to get in real quick before we go on to the next caller.
[01:21:19.880 --> 01:21:33.880]  One other thing I noticed is the verification on the verified denial by the so-called Substitute Trustee is that they state that the statements are within her personal knowledge.
[01:21:33.880 --> 01:21:47.880]  I was looking at that room carefully, and they're not, the so-called trustee or substitute trustee is not swearing to the facts being within their personal knowledge because the statements are within their personal knowledge.
[01:21:47.880 --> 01:21:51.880]  And it sounds as if they're trying to protect themselves against surgery.
[01:21:51.880 --> 01:22:16.880]  No, I don't think so. Ken, if I made a statement under oath and swore that the statements I made were within my personal knowledge, I'm going to be held to the substantive scope and content of those statements. Am I not?
[01:22:16.880 --> 01:22:18.880]  I would believe so.
[01:22:18.880 --> 01:22:36.880]  Grant, I don't think they would get out from under it that way. The statements, by saying that the statements are in their personal knowledge, that's going to mean to the court that the substantive scope and content of those statements are within their personal knowledge.
[01:22:36.880 --> 01:22:56.880]  One other thing is, if I understand correctly, if they're raising in these verified pleadings an issue that protects them under government code and uses Substitute Trustee and not the trustee that doesn't apply, this is frivolous pleadings and you need to move to strike the whole answer.
[01:22:56.880 --> 01:23:12.880]  Okay. That sounds great. It's a great suggestion. One other thing, one final thing, is I was going to give you an update, Randy. I have been fighting force for the tenure for almost two years, even though I've been working on it a few years ago.
[01:23:12.880 --> 01:23:15.880]  Recently, that was a reticulation.
[01:23:15.880 --> 01:23:17.880]  Wait, wait, hold on just a second, Grant.
[01:23:17.880 --> 01:23:18.880]  Okay.
[01:23:18.880 --> 01:23:24.880]  Ken, we have a lot of background noise. Okay, go ahead.
[01:23:24.880 --> 01:23:32.880]  I was going to mention that I've been foreclosed on nearly two years ago and I've been fighting force for the tenure for almost two years.
[01:23:32.880 --> 01:23:40.880]  And recently, there was a writ of possession that was issued, delivered by the Constable and was going to be executed.
[01:23:40.880 --> 01:23:56.880]  And for some unexplicable reason, there was a letter written to the court where the Constable was instructed to return the writ unserved and to cancel any lockouts. And I mean, I did everything. I tried to appeal to the court of appeals.
[01:23:56.880 --> 01:24:03.880]  I tried to get a supercedius bond. I tried to get a temporary injunction. I lost all of that.
[01:24:03.880 --> 01:24:10.880]  And for some reason, the bank's counsel wrote a letter and they pulled the writ from being executed.
[01:24:10.880 --> 01:24:21.880]  That is interesting. They may be afraid that, you know, the things they have been doing may start to come back to haunt them.
[01:24:21.880 --> 01:24:28.880]  That might be the reason or they might not want the property to set empty.
[01:24:28.880 --> 01:24:29.880]  Right.
[01:24:29.880 --> 01:24:33.880]  Well, Randy, I've been their worst nightmare. I'll tell you that.
[01:24:33.880 --> 01:24:40.880]  Yeah, that's what I mean. You have been their worst nightmare and they don't expect you to go away anytime soon.
[01:24:40.880 --> 01:24:41.880]  Right.
[01:24:41.880 --> 01:24:49.880]  So if they force the property empty, then it becomes a toxic asset that they have to maintain.
[01:24:49.880 --> 01:24:59.880]  And since you have the less pendants against it, depending on litigation, they're not going to be able to write any kind of a contract on it.
[01:24:59.880 --> 01:25:02.880]  So they're stuck with it. So that might be one of the reasons.
[01:25:02.880 --> 01:25:10.880]  Speaking of which, have you ever heard of following the less pendants relating to a forcible detainer?
[01:25:10.880 --> 01:25:16.880]  Well, yeah, that's what the less pendants is really about. Yeah.
[01:25:16.880 --> 01:25:27.880]  You thought of notice with the court that there is a pending litigation going to title.
[01:25:27.880 --> 01:25:33.880]  And that's an issue. This court has no subject matter jurisdiction to adjudicate.
[01:25:33.880 --> 01:25:39.880]  And you asked the best thing to ask for is a clean abatement. And I think that's what you did, didn't you?
[01:25:39.880 --> 01:25:41.880]  Yes. Yes, I did.
[01:25:41.880 --> 01:25:49.880]  What I was going to mention is an attorney friend of mine, the less pendants, when you're the plaintiffs suing them,
[01:25:49.880 --> 01:25:55.880]  but you can also follow less pendants when you're the defendant and the forcible detainer,
[01:25:55.880 --> 01:26:01.880]  because the action, the title action in district court, that goes to title,
[01:26:01.880 --> 01:26:07.880]  but the action they're taking against you and a forceful detainer is a possessory interest.
[01:26:07.880 --> 01:26:13.880]  The statute for a less pendant, it's any interest in the property that's being litigated in any case.
[01:26:13.880 --> 01:26:20.880]  So my understanding is you can have a less pendants not only of notice of your litigation as a plaintiff,
[01:26:20.880 --> 01:26:25.880]  but a notice of the litigation that you have as a descendant in the county court.
[01:26:25.880 --> 01:26:27.880]  I don't know if you've ever heard of that.
[01:26:27.880 --> 01:26:32.880]  Okay. Yeah, well, what would be the effect of the less pendants in that instance?
[01:26:32.880 --> 01:26:40.880]  Well, it's simply more notice that there is a, that there's litigation disputing possession.
[01:26:40.880 --> 01:26:47.880]  And of course, the more, the more, the more less pendants is that is on the record or on the public records,
[01:26:47.880 --> 01:26:53.880]  then the more difficult it is for them to sell the property, because there's not just a dispute with title,
[01:26:53.880 --> 01:26:58.880]  but there's also a dispute even with the possession of the property.
[01:26:58.880 --> 01:27:04.880]  Yes, I see what you mean. But okay, that would help until the litigation was,
[01:27:04.880 --> 01:27:07.880]  until that particular litigation was adjudicated.
[01:27:07.880 --> 01:27:13.880]  Correct. Correct. But it is a little bit, in my opinion, just a little bit more ammo,
[01:27:13.880 --> 01:27:20.880]  because what happens is if the bank, if the bank tries to seize possession and they're successful,
[01:27:20.880 --> 01:27:25.880]  they may be able to even rent it out, but it may prevent them from even renting the property.
[01:27:25.880 --> 01:27:30.880]  If you can put, you know, the parties on notice that you're even disputing the possession.
[01:27:30.880 --> 01:27:38.880]  That was, that sounds like a good point as goes to skimming.
[01:27:38.880 --> 01:27:43.880]  If the bank forecloses on a property and you have it rented out,
[01:27:43.880 --> 01:27:51.880]  you can no longer collect the rental payments under the lease payments that would be skimming.
[01:27:51.880 --> 01:27:58.880]  So if the bank is attempting to take possession and they rent it out,
[01:27:58.880 --> 01:28:02.880]  but you have a counterclaim, they can't take the money either.
[01:28:02.880 --> 01:28:03.880]  Right.
[01:28:03.880 --> 01:28:11.880]  Or at least that would be an argument I would want to bring, that if it's skimming for you, it's skimming for them.
[01:28:11.880 --> 01:28:12.880]  Right.
[01:28:12.880 --> 01:28:16.880]  And that would essentially stop them from leasing it.
[01:28:16.880 --> 01:28:21.880]  Right. And everyone does it when they file a lawsuit for title, but no one thinks to do it
[01:28:21.880 --> 01:28:24.880]  when they're a defendant in the forceful detainer.
[01:28:24.880 --> 01:28:27.880]  And I looked up the code and it's extremely clear.
[01:28:27.880 --> 01:28:29.880]  And I also vetted that with an attorney.
[01:28:29.880 --> 01:28:31.880]  And so in my case, I have that.
[01:28:31.880 --> 01:28:33.880]  I also have a list of tenants.
[01:28:33.880 --> 01:28:39.880]  They give us the case number of the justice court action, the case number of the county court action,
[01:28:39.880 --> 01:28:44.880]  and the case number of the case, you know, with it being the court of appeals at this point.
[01:28:44.880 --> 01:28:48.880]  So anyway, I think, you know, we need to do as much as we can.
[01:28:48.880 --> 01:28:50.880]  And I think that's just one extra tool.
[01:28:50.880 --> 01:28:54.880]  You know, people are kind of searching for something extra to do.
[01:28:54.880 --> 01:28:56.880]  I think that's another thing that you can do.
[01:28:56.880 --> 01:28:58.880]  And, you know, I can't hurt.
[01:28:58.880 --> 01:29:01.880]  Wonderful. That is great.
[01:29:01.880 --> 01:29:05.880]  Thank you, Grant. You always have good information.
[01:29:05.880 --> 01:29:07.880]  All right. Thank you, Randy, for your stop.
[01:29:07.880 --> 01:29:09.880]  Stay in touch with us.
[01:29:09.880 --> 01:29:11.880]  I'm taking notes.
[01:29:11.880 --> 01:29:12.880]  All right.
[01:29:12.880 --> 01:29:13.880]  Okay. Thank you, Grant.
[01:29:13.880 --> 01:29:14.880]  Okay.
[01:29:14.880 --> 01:29:19.880]  Now we're going to go to Laura in Colorado.
[01:29:19.880 --> 01:29:22.880]  Hello, Randy. How are you this evening?
[01:29:22.880 --> 01:29:26.880]  I am wonderful. I don't care what everybody says.
[01:29:26.880 --> 01:29:28.880]  Okay. Hold on, Laura.
[01:29:28.880 --> 01:29:31.880]  We're running down on time on this segment.
[01:29:31.880 --> 01:29:34.880]  We will pick you up on the other side.
[01:29:34.880 --> 01:29:36.880]  This is Randy Kelton.
[01:29:36.880 --> 01:29:44.880]  Debbie Stevens, Eddie Craig. We have our radio. Our call in number is 512-646-1984.
[01:29:44.880 --> 01:29:46.880]  Give us a call. Get in line.
[01:29:46.880 --> 01:29:48.880]  We'll try to get to everyone.
[01:29:48.880 --> 01:30:07.880]  We'll be right back on the other side.
[01:30:18.880 --> 01:30:28.880]  We'll be right back.
[01:30:48.880 --> 01:30:52.880]  When you give up data about yourself, you'll never get it back again.
[01:30:52.880 --> 01:30:56.880]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:56.880 --> 01:30:58.880]  So protect your rights.
[01:30:58.880 --> 01:31:02.880]  Say no to surveillance and keep your information to yourself.
[01:31:02.880 --> 01:31:04.880]  Privacy, it's worth hanging on to.
[01:31:04.880 --> 01:31:08.880]  This public service announcement is brought to you by StartPage.com,
[01:31:08.880 --> 01:31:12.880]  the private search engine alternative to Google, Yahoo, and Bing.
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[01:31:15.880 --> 01:31:18.880]  If the going gets tough, the hairs turn gray.
[01:31:18.880 --> 01:31:23.880]  It may sound like folklore, but scientists say chronic stress really does make us look older
[01:31:23.880 --> 01:31:25.880]  and heightens the risk of disease.
[01:31:25.880 --> 01:31:31.880]  During a four-week experiment, Duke University researchers injected mice with an adrenaline-like compound
[01:31:31.880 --> 01:31:33.880]  that mimics stress in human beings.
[01:31:33.880 --> 01:31:39.880]  They found a sharp reduction in P53, a protein that keeps cells healthy and prevents cancer.
[01:31:39.880 --> 01:31:45.880]  When the mice's level of P53 stayed low, their chromosomes began to develop irregularities
[01:31:45.880 --> 01:31:49.880]  that sped up the aging process and increased their risk of cancer.
[01:31:49.880 --> 01:31:51.880]  So don't skip that vacation.
[01:31:51.880 --> 01:31:53.880]  It may do more than just calm your mind.
[01:31:53.880 --> 01:31:55.880]  It could help keep you young.
[01:31:55.880 --> 01:31:56.880]  I'm Dr. Catherine Albright.
[01:31:56.880 --> 01:32:10.880]  For more news and information, at CatherineAlbright.com.
[01:32:26.880 --> 01:32:31.880]  The way we come with temptations,
[01:32:31.880 --> 01:32:37.880]  they're trying to buy the whole place.
[01:32:37.880 --> 01:32:42.880]  They want to force the nation
[01:32:42.880 --> 01:32:48.880]  because they're falling from grace.
[01:32:48.880 --> 01:32:54.880]  I will not bring you back up.
[01:32:54.880 --> 01:32:59.880]  Let us out of the way.
[01:32:59.880 --> 01:33:04.880]  They got this problem, they're dreaming up.
[01:33:04.880 --> 01:33:09.880]  They won't be the same, come with me.
[01:33:09.880 --> 01:33:12.880]  Oh yes, you can come and you can check on man.
[01:33:12.880 --> 01:33:15.880]  Because they save me self, because they are my key one.
[01:33:15.880 --> 01:33:17.880]  You know that everyone can save my man.
[01:33:17.880 --> 01:33:20.880]  They love me down with heart and peace and they kiss me.
[01:33:20.880 --> 01:33:25.880]  They love God and make me a loving body.
[01:33:25.880 --> 01:33:28.880]  Because God managed to create me.
[01:33:28.880 --> 01:33:31.880]  He created me and I need to do it equally.
[01:33:31.880 --> 01:33:33.880]  For mankind, still I find myself really.
[01:33:33.880 --> 01:33:36.880]  Because they're mad, they're not angry.
[01:33:36.880 --> 01:33:39.880]  Mankind, loud and clear, they try to see.
[01:33:39.880 --> 01:33:42.880]  Indicates that I'm not going to sell for daily.
[01:33:42.880 --> 01:33:44.880]  They follow me, I'm angry with you, buddy.
[01:33:44.880 --> 01:33:47.880]  I know that they are the same to me, buddy.
[01:33:47.880 --> 01:33:50.880]  Man, you know you're going to stand up, you stand to see.
[01:33:50.880 --> 01:33:53.880]  Be proud and mean, all of our mighty soul.
[01:33:53.880 --> 01:33:54.880]  Get behind, behind.
[01:33:54.880 --> 01:33:55.880]  Okay, we're back.
[01:33:55.880 --> 01:33:57.880]  Randy Kelton, Douglas Stephen, Jadie Crick.
[01:33:57.880 --> 01:33:58.880]  We've got a radio.
[01:33:58.880 --> 01:34:03.880]  We're talking to Nora in Colorado.
[01:34:03.880 --> 01:34:05.880]  And...
[01:34:05.880 --> 01:34:11.880]  Excuse me, you were going to talk about the meth lab that never was?
[01:34:11.880 --> 01:34:13.880]  Yes.
[01:34:13.880 --> 01:34:15.880]  What had happened was,
[01:34:15.880 --> 01:34:18.880]  well, for one thing, I saw you years ago here in Colorado Springs.
[01:34:18.880 --> 01:34:20.880]  You came up here and did a seminar for us.
[01:34:20.880 --> 01:34:23.880]  And we all still do talk about you.
[01:34:23.880 --> 01:34:26.880]  So we haven't forgotten about your anything.
[01:34:26.880 --> 01:34:30.880]  But what I wanted to tell you was that we were going over to a friend of ours house
[01:34:30.880 --> 01:34:36.880]  and saw the hazmat truck from Fort Carson.
[01:34:36.880 --> 01:34:41.880]  The news teams, cops were everywhere.
[01:34:41.880 --> 01:34:42.880]  And we were driving by.
[01:34:42.880 --> 01:34:45.880]  We saw this, so we whipped up into our friend's house.
[01:34:45.880 --> 01:34:49.880]  And what had happened was, I'm going to give you the short of it,
[01:34:49.880 --> 01:34:54.880]  the people that lived across the street from my friends are people that are middle-aged people.
[01:34:54.880 --> 01:35:00.880]  And the police had gotten a warrant to search their house for some stolen goods.
[01:35:00.880 --> 01:35:03.880]  And apparently there was a big long list.
[01:35:03.880 --> 01:35:06.880]  My friends that lived across the street did not know these people,
[01:35:06.880 --> 01:35:12.880]  but they kind of intervened because they had drunk a woman with multiple sclerosis out of the house
[01:35:12.880 --> 01:35:17.880]  in her pajamas and had her sitting out in the front yard in a kitchen chair in Colorado
[01:35:17.880 --> 01:35:19.880]  in the wintertime.
[01:35:19.880 --> 01:35:21.880]  And she was just shaking violently.
[01:35:21.880 --> 01:35:25.880]  And my friend went over there and told the police, even though she didn't know the people,
[01:35:25.880 --> 01:35:28.880]  she said, look, can we bring this lady into my house and wrap her in a blanket
[01:35:28.880 --> 01:35:32.880]  and sit her on my couch while you guys are doing whatever you're doing?
[01:35:32.880 --> 01:35:34.880]  And the police said yes.
[01:35:34.880 --> 01:35:39.880]  And so my friend took this crippled woman into her house and wrapped her in a blanket and whatnot.
[01:35:39.880 --> 01:35:45.880]  And the police tore this girl's house apart, claiming or looking for some stolen goods.
[01:35:45.880 --> 01:35:51.880]  And then the police later told my friend and me and my husband and all were standing there
[01:35:51.880 --> 01:35:57.880]  that not one item of stolen goods that were on this list and this warrant were inside this woman's house.
[01:35:57.880 --> 01:36:03.880]  So what they did find in a room where her significant other had been taking the part computers
[01:36:03.880 --> 01:36:07.880]  and whatnot was they found small jars of chemicals.
[01:36:07.880 --> 01:36:11.880]  And when the police told us about this, I told the police officer, I said,
[01:36:11.880 --> 01:36:16.880]  well, that sounds to me like that guy is probably taking apart computers
[01:36:16.880 --> 01:36:20.880]  and leaching the gold off of the circuit boards with the little jars of chemicals
[01:36:20.880 --> 01:36:24.880]  because I have another friend that does that to supplement his income.
[01:36:24.880 --> 01:36:29.880]  And the police officer turned around and said, well, that's exactly what the woman told us also.
[01:36:29.880 --> 01:36:34.880]  But we're still arresting her for a manufacture of methamphetamine
[01:36:34.880 --> 01:36:41.880]  because she was in possession of the precursory chemicals to manufacture meth.
[01:36:41.880 --> 01:36:43.880]  Oh, wait a minute.
[01:36:43.880 --> 01:36:49.880]  Okay, Ken, would you like to pipe in on this?
[01:36:49.880 --> 01:36:51.880]  We have Ken Magnuson here.
[01:36:51.880 --> 01:36:55.880]  And he's my resident chemist.
[01:36:55.880 --> 01:37:05.880]  Are you familiar with the chemicals they would use to leach precious metals out of PC boards?
[01:37:05.880 --> 01:37:15.880]  And are they in any way related to the chemicals you'd use to manufacture methamphetamine?
[01:37:15.880 --> 01:37:18.880]  Ken, are you there?
[01:37:18.880 --> 01:37:20.880]  Okay, appears we've lost Ken for a moment.
[01:37:20.880 --> 01:37:22.880]  I'm here.
[01:37:22.880 --> 01:37:31.880]  Okay, this is someone, the police searched the house looking for contraband,
[01:37:31.880 --> 01:37:35.880]  didn't find any, but found some jars of chemicals in a room.
[01:37:35.880 --> 01:37:37.880]  I heard a story.
[01:37:37.880 --> 01:37:39.880]  Okay, heard a story.
[01:37:39.880 --> 01:37:44.880]  I don't believe there's any crossover chemicals between the two.
[01:37:44.880 --> 01:37:52.880]  So in effect, the police found jars of chemical or what they appear to be chemicals.
[01:37:52.880 --> 01:37:57.880]  And since policemen are pretty ignorant in these matters,
[01:37:57.880 --> 01:38:03.880]  if a policeman now comes to search your house and he finds any kind of chemicals,
[01:38:03.880 --> 01:38:11.880]  he can just simply arrest you on a methamphetamine charge?
[01:38:11.880 --> 01:38:15.880]  That's a fast arrest.
[01:38:15.880 --> 01:38:20.880]  That is absolutely, and it's slander.
[01:38:20.880 --> 01:38:24.880]  Do you know what has come of this issue?
[01:38:24.880 --> 01:38:30.880]  Well, yesterday, when I was standing there, I have been to aerospace school in the past.
[01:38:30.880 --> 01:38:35.880]  In fact, I used to be in aerospace inspector when there was manufacturing in this country many years ago.
[01:38:35.880 --> 01:38:38.880]  And so I am familiar with some chemicals and what they do.
[01:38:38.880 --> 01:38:42.880]  And I've got friends that have little chemicals at their houses.
[01:38:42.880 --> 01:38:49.880]  Like I said, they work on these circuit boards and whatnot of old dead computers and try to leach off a little of these metals.
[01:38:49.880 --> 01:38:52.880]  Well, I told that to the police officer.
[01:38:52.880 --> 01:38:57.880]  He kept repeating over and over again that they considered these chemicals,
[01:38:57.880 --> 01:39:03.880]  and these were chemicals such as hydrogen peroxide that everybody has in their medicine cabinet.
[01:39:03.880 --> 01:39:09.880]  Toilet, which I know what toilet does, were small jars of chemicals.
[01:39:09.880 --> 01:39:19.880]  Well, what they did was they actually stacked up four or five small jars and a couple of plastic bottles that had chemicals in the front yard.
[01:39:19.880 --> 01:39:24.880]  The local news camera came over and took pictures and actually put it on the evening news.
[01:39:24.880 --> 01:39:28.880]  They called out the 57-year-old woman's name and her age.
[01:39:28.880 --> 01:39:33.880]  Said that she was manufacturing methamphetamine on Tando Avenue.
[01:39:33.880 --> 01:39:35.880]  The whole thing was a complete lie.
[01:39:35.880 --> 01:39:37.880]  She sat in jail for two weeks.
[01:39:37.880 --> 01:39:42.880]  The Humane Society sold her dog after three days because they did take her dog in.
[01:39:42.880 --> 01:39:45.880]  They sold her, confiscating it within three days.
[01:39:45.880 --> 01:39:48.880]  Her cat got sick and the cat did die.
[01:39:48.880 --> 01:39:50.880]  The woman finally got out of jail.
[01:39:50.880 --> 01:39:56.880]  They actually had her on a $50,000 bond and people raised the money to get her out of jail.
[01:39:56.880 --> 01:39:58.880]  She had multiple sclerosis.
[01:39:58.880 --> 01:40:00.880]  She was horribly abused in the jail.
[01:40:00.880 --> 01:40:02.880]  She had a seizure, different things like that.
[01:40:02.880 --> 01:40:07.880]  Right now, they've got her under the charge for the manufacturing methamphetamine.
[01:40:07.880 --> 01:40:09.880]  They're not wealthy people at all.
[01:40:09.880 --> 01:40:12.880]  This was a small, little, tiny two-bedroom house.
[01:40:12.880 --> 01:40:14.880]  This was a retired nurse with MS.
[01:40:14.880 --> 01:40:16.880]  So she gets low security disability.
[01:40:16.880 --> 01:40:20.880]  They're kind of poor and I'm trying to help them.
[01:40:20.880 --> 01:40:21.880]  I don't know what to do.
[01:40:21.880 --> 01:40:28.880]  I'm so outraged over the whole thing because anybody could suddenly be accused of having meth chemicals
[01:40:28.880 --> 01:40:32.880]  if you've got a fingernail polish remover in your bathroom.
[01:40:32.880 --> 01:40:34.880]  Can I ask you a question?
[01:40:34.880 --> 01:40:36.880]  This is Ken.
[01:40:36.880 --> 01:40:38.880]  Hello?
[01:40:38.880 --> 01:40:40.880]  Go ahead.
[01:40:40.880 --> 01:40:45.880]  The biggest issue here is what was on the public calls after David was assigned by the judge
[01:40:45.880 --> 01:40:47.880]  and what did they say the chemicals actually were?
[01:40:47.880 --> 01:40:50.880]  Unknown chemicals or do they mean them?
[01:40:50.880 --> 01:40:56.880]  And the issue is none of those chemicals that you listed before are precursors to anything
[01:40:56.880 --> 01:41:04.880]  except health and beauty supplies and standard solvents used for booze and so forth.
[01:41:04.880 --> 01:41:07.880]  The problem is that something's got to go down.
[01:41:07.880 --> 01:41:09.880]  Did she get counsel?
[01:41:09.880 --> 01:41:10.880]  And did they do that?
[01:41:10.880 --> 01:41:15.880]  The story is provocative, but the issue is where's the probable cause after David?
[01:41:15.880 --> 01:41:17.880]  Where's the actual charges?
[01:41:17.880 --> 01:41:20.880]  Where's she entitled?
[01:41:20.880 --> 01:41:26.880]  Have you talked to this woman at all?
[01:41:26.880 --> 01:41:27.880]  Yes.
[01:41:27.880 --> 01:41:33.880]  I had her in my office for the very first time about an hour ago and she came into my office to see me
[01:41:33.880 --> 01:41:41.880]  and I'm trying to say they've actually been, their home has been condemned because the city is claiming
[01:41:41.880 --> 01:41:48.880]  that the landlord that they rent their house from has got to pay $1,200 or something to get some test crew
[01:41:48.880 --> 01:41:51.880]  in there to test the walls and all these kinds of things.
[01:41:51.880 --> 01:41:57.880]  Meanwhile, they're sleeping in a van, their van that they have, it's a small van.
[01:41:57.880 --> 01:42:00.880]  They're sleeping in a van in a storage place.
[01:42:00.880 --> 01:42:04.880]  This is absolutely horrific what has happened to these four people.
[01:42:04.880 --> 01:42:15.880]  My suggestion is the first thing they need to do is file a tort letter with the city.
[01:42:15.880 --> 01:42:20.880]  Let them know they're good that they're preparing a case to come back after them with.
[01:42:20.880 --> 01:42:23.880]  Okay, what did you say again, file a what?
[01:42:23.880 --> 01:42:26.880]  Tort letter, notice of tort.
[01:42:26.880 --> 01:42:27.880]  A tort letter?
[01:42:27.880 --> 01:42:29.880]  Tort, T-O-R-T.
[01:42:29.880 --> 01:42:31.880]  Oh, tort, I'm sorry.
[01:42:31.880 --> 01:42:38.880]  Yeah, notice of tort and this way it sort of takes it out of the prosecutor's hands
[01:42:38.880 --> 01:42:42.880]  and if you have reason to believe that they have done this improperly,
[01:42:42.880 --> 01:42:48.880]  you need to go down and try to talk to the foreman of the grand jury.
[01:42:48.880 --> 01:42:51.880]  Turn and ask the clerk, who's the foreman of the grand jury?
[01:42:51.880 --> 01:42:54.880]  They're going to say, well, why do you want to know that?
[01:42:54.880 --> 01:42:56.880]  Oh, well, it's horrible things you have.
[01:42:56.880 --> 01:42:58.880]  Terrible, terrible stuff.
[01:42:58.880 --> 01:43:02.880]  They need to talk to the foreman and they'll probably send you to the prosecutor
[01:43:02.880 --> 01:43:06.880]  and you tell the prosecutor you want to talk to the foreman of the grand jury.
[01:43:06.880 --> 01:43:11.880]  Now, in the end, you may not get to the grand jury,
[01:43:11.880 --> 01:43:16.880]  but if they have someone else that's rising up in outrage,
[01:43:16.880 --> 01:43:20.880]  then they have somebody to deal with that they can't directly deal with
[01:43:20.880 --> 01:43:25.880]  and it's more likely to get them to say, well, you know, this is going to be a problem.
[01:43:25.880 --> 01:43:29.880]  We need to make this go away.
[01:43:29.880 --> 01:43:31.880]  At least look at it.
[01:43:31.880 --> 01:43:36.880]  I think there were some guys in that seminar I did up there
[01:43:36.880 --> 01:43:41.880]  who would probably be willing to go down there and give them a bit of a hard time.
[01:43:41.880 --> 01:43:43.880]  Hang on, we're about to go to break.
[01:43:43.880 --> 01:43:47.880]  This is Randy Kelton, David Stevens, Eddie Craig, we have a radio.
[01:43:47.880 --> 01:43:51.880]  They're calling numbers 512-626-1984.
[01:43:51.880 --> 01:43:55.880]  We'll be right back with Kid Magnussen on the other side.
[01:44:21.880 --> 01:44:26.880]  We're going to be right back with Kid Magnussen on the other side.
[01:44:51.880 --> 01:44:54.880]  6908-6912608.
[01:44:54.880 --> 01:45:21.880]  See what our powders, seeds, and oil can do for you at hempusa.org.
[01:45:24.880 --> 01:45:27.880]  And now you can too.
[01:45:27.880 --> 01:45:33.880]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:33.880 --> 01:45:38.880]  Even if you're not in a lawsuit, you can learn what everyone should understand
[01:45:38.880 --> 01:45:42.880]  about the principles and practices that control our American courts.
[01:45:42.880 --> 01:45:48.880]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
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[01:45:54.880 --> 01:46:00.880]  and click on the banner or call toll-free 866-LAW-EZ.
[01:46:00.880 --> 01:46:19.880]  We're back. Randy Kelton and David Stevens, Eddie Craig, we have a radio.
[01:46:19.880 --> 01:46:31.880]  We're talking to Laura in Colorado.
[01:46:31.880 --> 01:46:38.880]  And Laura, part of the difficulty here is we don't have enough information.
[01:46:38.880 --> 01:46:43.880]  And with prosecutors, prosecutors really don't care one way or another
[01:46:43.880 --> 01:46:47.880]  if you're guilty or not guilty. They only care about how many convictions they can get.
[01:46:47.880 --> 01:46:54.880]  And how many convictions they can get without any problems.
[01:46:54.880 --> 01:47:00.880]  So if they get someone else going down there looking at the records,
[01:47:00.880 --> 01:47:06.880]  I got a case thrown out in Williamson County once because I went down and looked at the records.
[01:47:06.880 --> 01:47:11.880]  And they're wondering, who is this guy? And I wouldn't tell them.
[01:47:11.880 --> 01:47:19.880]  And kind of give them a hard time. And they wound up throwing out this case
[01:47:19.880 --> 01:47:24.880]  with two Aspen prescriptions pills and an Aspen bottle.
[01:47:24.880 --> 01:47:28.880]  Because they didn't know who I was and they figured I was going to cause some grief
[01:47:28.880 --> 01:47:31.880]  so it was easier just to make this thing go away.
[01:47:31.880 --> 01:47:35.880]  And that might be one way to do it.
[01:47:35.880 --> 01:47:42.880]  Go down there and look in the court record and look important, act important.
[01:47:42.880 --> 01:47:49.880]  Don't tell them anything. Anything to ask is none of their business.
[01:47:49.880 --> 01:47:56.880]  And it'll make it look like they've got somebody looking over their shoulder.
[01:47:56.880 --> 01:47:59.880]  Because the prosecutor, he don't want any problems. He wants life to be easy.
[01:47:59.880 --> 01:48:02.880]  And he may not have ever looked at the actual evidence.
[01:48:02.880 --> 01:48:06.880]  So if you go down there and make a couple of minor waves,
[01:48:06.880 --> 01:48:10.880]  a good chance to look at the evidence and decide to make this go away.
[01:48:10.880 --> 01:48:18.880]  And if she starts making waves that she's going to do something outside what everybody else does.
[01:48:18.880 --> 01:48:24.880]  Everybody else tries to argue it in court and you go in there on the merits.
[01:48:24.880 --> 01:48:27.880]  The court's just going to root against you every time.
[01:48:27.880 --> 01:48:30.880]  Especially if you're in there without counsel.
[01:48:30.880 --> 01:48:34.880]  If you're with counsel and he's court appointed counsel,
[01:48:34.880 --> 01:48:40.880]  I'm not sure if that's better or worse than going in there without counsel.
[01:48:40.880 --> 01:48:43.880]  So if she doesn't have the money to hire an attorney,
[01:48:43.880 --> 01:48:48.880]  do you want to roll over here anyway unless it looks like she's going to make waves?
[01:48:48.880 --> 01:48:53.880]  Well, I've got a friend of mine some time ago,
[01:48:53.880 --> 01:48:55.880]  he's an attorney here in Colorado Springs.
[01:48:55.880 --> 01:48:59.880]  I think he's the only one in the whole town that's actually worth anything.
[01:48:59.880 --> 01:49:04.880]  And this friend of mine built these 12 felony counts.
[01:49:04.880 --> 01:49:08.880]  The district attorney had charged him with a bunch of bogus felonies
[01:49:08.880 --> 01:49:14.880]  because he taught a local magistrate that had signed 9,000 foreclosures
[01:49:14.880 --> 01:49:19.880]  without having an oath of office on file for 16 years.
[01:49:19.880 --> 01:49:22.880]  And I sat through this jury trial.
[01:49:22.880 --> 01:49:25.880]  The guy was acquitted of all 12 felony counts
[01:49:25.880 --> 01:49:30.880]  because the local attorney literally wiped the floor with the illegal judge
[01:49:30.880 --> 01:49:37.880]  and with the deputy sheriff and different ones that were all involved in this terrible, terrible case.
[01:49:37.880 --> 01:49:41.880]  I know she probably can't afford this guy, but I'm going to go see him anyway.
[01:49:41.880 --> 01:49:44.880]  I had several talks with him during the trial.
[01:49:44.880 --> 01:49:53.880]  What you might ask this attorney if he will do is simply call down and make some inquiries.
[01:49:53.880 --> 01:49:55.880]  Okay.
[01:49:55.880 --> 01:49:57.880]  Don't ask him to take over the case.
[01:49:57.880 --> 01:50:03.880]  Don't ask him to represent himself as the attorney of record.
[01:50:03.880 --> 01:50:07.880]  But before he takes a case, he needs to look into it
[01:50:07.880 --> 01:50:11.880]  and ask him if he'll just call down there and make an inquiry or two.
[01:50:11.880 --> 01:50:17.880]  And that might be enough to get the prosecutor to actually go look at the evidence
[01:50:17.880 --> 01:50:19.880]  and they might just make this go away.
[01:50:19.880 --> 01:50:21.880]  It might be able to do it easy.
[01:50:21.880 --> 01:50:26.880]  Especially if they're looking at a lawsuit.
[01:50:26.880 --> 01:50:30.880]  Yeah, they just neglect these people's lives completely.
[01:50:30.880 --> 01:50:33.880]  I mean, it's just absolutely horrible.
[01:50:33.880 --> 01:50:36.880]  I would like to see the people be able to sue them.
[01:50:36.880 --> 01:50:39.880]  But from my understanding, the state of Colorado,
[01:50:39.880 --> 01:50:43.880]  it doesn't matter if you're gang raped in the jail, by the guards,
[01:50:43.880 --> 01:50:45.880]  you can't sue anybody in the government.
[01:50:45.880 --> 01:50:47.880]  Okay, hold on.
[01:50:47.880 --> 01:50:50.880]  Yes, you can sue them.
[01:50:50.880 --> 01:50:54.880]  Now, it may eventually get thrown out, but you can sue them anyway.
[01:50:54.880 --> 01:50:56.880]  Okay.
[01:50:56.880 --> 01:51:02.880]  And that really gets their attention and the suit goes against their bond.
[01:51:02.880 --> 01:51:05.880]  And that hurts them.
[01:51:05.880 --> 01:51:08.880]  They're not going to tell you it hurts them, but it hurts them.
[01:51:08.880 --> 01:51:12.880]  But this, you may be able to just get this to go away,
[01:51:12.880 --> 01:51:15.880]  just by bringing it to the prosecutor's attention.
[01:51:15.880 --> 01:51:20.880]  Because, you know, it's just been awful, but it has cost them, you know,
[01:51:20.880 --> 01:51:21.880]  their personal goods.
[01:51:21.880 --> 01:51:24.880]  Apparently, their goods have been thrown away too.
[01:51:24.880 --> 01:51:27.880]  Okay, let me make a suggestion.
[01:51:27.880 --> 01:51:34.880]  Either you or get someone else to go down and get a copy of the court record.
[01:51:34.880 --> 01:51:39.880]  And once you have that, email it to me and then call back next Thursday.
[01:51:39.880 --> 01:51:40.880]  Okay.
[01:51:40.880 --> 01:51:42.880]  Then we'll have a lot more we can do.
[01:51:42.880 --> 01:51:46.880]  If you have a mailing address there on the radio website here.
[01:51:46.880 --> 01:51:48.880]  Yes, yes, it is.
[01:51:48.880 --> 01:51:50.880]  Logos Radio Network.
[01:51:50.880 --> 01:51:53.880]  You'll find my link to me there.
[01:51:53.880 --> 01:51:55.880]  Okay.
[01:51:55.880 --> 01:51:57.880]  I really appreciate your time.
[01:51:57.880 --> 01:51:58.880]  Thank you very much.
[01:51:58.880 --> 01:52:00.880]  I'm just, you know, I don't even know these people,
[01:52:00.880 --> 01:52:04.880]  but it made me so mad to see that they were just,
[01:52:04.880 --> 01:52:07.880]  it was just me and run rock shot over and I just,
[01:52:07.880 --> 01:52:09.880]  I couldn't do anything about it.
[01:52:09.880 --> 01:52:13.880]  I just can't, you know, I want to do everything I can to help them.
[01:52:13.880 --> 01:52:14.880]  Good.
[01:52:14.880 --> 01:52:15.880]  It's me.
[01:52:15.880 --> 01:52:18.880]  I want somebody to step forward and help me, you know.
[01:52:18.880 --> 01:52:19.880]  Good.
[01:52:19.880 --> 01:52:24.880]  Get us that information and then we maybe actually be able to do something.
[01:52:24.880 --> 01:52:26.880]  Well, I appreciate it.
[01:52:26.880 --> 01:52:27.880]  I'll get that to you right away.
[01:52:27.880 --> 01:52:28.880]  Thank you so much.
[01:52:28.880 --> 01:52:29.880]  Okay.
[01:52:29.880 --> 01:52:30.880]  Thank you.
[01:52:30.880 --> 01:52:31.880]  Okay.
[01:52:31.880 --> 01:52:34.880]  Now we're going to go to Ken Magnuson.
[01:52:34.880 --> 01:52:44.880]  It brought Ken on because the State Commission on Judicial Conduct is up for sunset this term.
[01:52:44.880 --> 01:52:47.880]  And in the last time they were up for sunset,
[01:52:47.880 --> 01:52:53.880]  Ken testified before the subcommittee and got a lot done.
[01:52:53.880 --> 01:52:56.880]  This time we're going to try to do a whole lot more.
[01:52:56.880 --> 01:53:02.880]  Ken, you want to bring us up to speed on where we're at and what you plan.
[01:53:02.880 --> 01:53:06.880]  Well, this is for Texas just so that people are listening.
[01:53:06.880 --> 01:53:14.880]  This is on regarding the Texas Sunset Commission is a supposedly bipartisan,
[01:53:14.880 --> 01:53:22.880]  both houses membership to this commission to recommend reviews, modifications,
[01:53:22.880 --> 01:53:27.880]  and changes of statutes relating to specific agencies that go under review.
[01:53:27.880 --> 01:53:36.880]  This year, on April 10th, we'll be in public hearings with regards to the State Commission on Judicial Conduct in Texas.
[01:53:36.880 --> 01:53:42.880]  I testified before the Senate and the House in 2001, the legislative sessions,
[01:53:42.880 --> 01:53:51.880]  and I was the only one there testifying that this agency and I managed in the process of doing this,
[01:53:51.880 --> 01:53:57.880]  to get them to replace the executive director, Margaret Reeves. Unfortunately, her replacement,
[01:53:57.880 --> 01:54:03.880]  Shawna Willing, has turned into someone that's even worse than the original Margaret Reeves.
[01:54:03.880 --> 01:54:07.880]  Margaret Reeves is indifferent. Shawna Willing is an actual attorney,
[01:54:07.880 --> 01:54:14.880]  and she's apparently thrown her hat in with the spin doctors at the agency.
[01:54:14.880 --> 01:54:20.880]  So if I make this absolutely clear, I'm not a fan of this organization whatsoever.
[01:54:20.880 --> 01:54:32.880]  Here's what we get down to. The Sunset Commission will make advisory reports with regards to changing the agency structure and so forth.
[01:54:32.880 --> 01:54:38.880]  They'll make that to the legislature, which we'll meet next year, 2013.
[01:54:38.880 --> 01:54:46.880]  I'll be down there testifying at that point in time with regards to the problems we've seen in the agency for the last 10 years.
[01:54:46.880 --> 01:54:54.880]  So the issue that comes down to is anybody that's out there that's in Texas that's ever filed a judicial complaint since 2001
[01:54:54.880 --> 01:54:58.880]  and has the answer and hasn't been happy with the results.
[01:54:58.880 --> 01:55:06.880]  We need to get copies of these so we can use them as evidence against the continuation of this agency as it stands.
[01:55:06.880 --> 01:55:10.880]  I've been just looking through the reports online. I haven't done that in a while.
[01:55:10.880 --> 01:55:22.880]  I've gone through 40 years, and it would appear that no one was removed from office at all by judicial conduct from 2001 through 2003.
[01:55:22.880 --> 01:55:26.880]  There were a couple of voluntary resignations, but that was good.
[01:55:26.880 --> 01:55:33.880]  Only a half a dozen were actually reprimanded publicly. Who knows how many were privately reprimanded?
[01:55:33.880 --> 01:55:41.880]  Who cares? The issue at this point is that this agency really doesn't do the job,
[01:55:41.880 --> 01:55:46.880]  and the corruption in the courts in Texas is just aided and embedded by this organization,
[01:55:46.880 --> 01:55:52.880]  which apparently is their public relations organization that essentially puts a nice light on it.
[01:55:52.880 --> 01:55:56.880]  So we're trying to find people who file complaints, and you know what?
[01:55:56.880 --> 01:55:59.880]  If you haven't filed a complaint, you've thought about doing it.
[01:55:59.880 --> 01:56:03.880]  Now there's no statute of limitations on complaints against judges.
[01:56:03.880 --> 01:56:12.880]  The only thing I ask is that you make sure that we get copies because the agency records on these complaints is secret.
[01:56:12.880 --> 01:56:17.880]  Yes. It becomes secret once they get it.
[01:56:17.880 --> 01:56:20.880]  Before that, it's not secret.
[01:56:20.880 --> 01:56:30.880]  The agencies tend to claim that once you file the complaint that you can't reveal it, and that is not true,
[01:56:30.880 --> 01:56:37.880]  at least not in Texas, but they say that and they'll try to intimidate people into believing that.
[01:56:37.880 --> 01:56:45.880]  I'm trying to get JudicialConduct.com up and working along with all of the other things I'm trying to get done.
[01:56:45.880 --> 01:56:53.880]  Once I get that up, then you can go online and just answer the questionnaire,
[01:56:53.880 --> 01:56:59.880]  and it'll fill out the complaint for you, and you can download it, sign and send.
[01:56:59.880 --> 01:57:05.880]  The importance of somebody filing a complaint is not that anything's going to get done necessarily.
[01:57:05.880 --> 01:57:11.880]  It's to, for us to have a record of the fact that the complaint was filed and to show the legislation,
[01:57:11.880 --> 01:57:19.880]  the utility and the frustration that the public sees where their complaints go uneated and nothing gets done,
[01:57:19.880 --> 01:57:25.880]  and we essentially end up with more corruption and more injustice.
[01:57:25.880 --> 01:57:35.880]  So the issue here is that me having a big box full of complaints that were never acted upon properly is ammunition against the agency.
[01:57:35.880 --> 01:57:43.880]  So now those people who have sent complaints in before and you've moved or something or you're so upset that you lost them,
[01:57:43.880 --> 01:57:49.880]  send the agency a certified letter, send them a copy of your driver's license with an affidavit saying
[01:57:49.880 --> 01:57:54.880]  when, where and what judge you filed a complaint, and ask them for a copy of your complaint
[01:57:54.880 --> 01:58:00.880]  that you were the originator of the complaint, and you would like a copy packed because you'd like to testify
[01:58:00.880 --> 01:58:05.880]  and make this available to the Sunset Commission. I'm going to tell you what's going to happen.
[01:58:05.880 --> 01:58:10.880]  They're not going to answer your letter. They're not going to ever send anything back.
[01:58:10.880 --> 01:58:17.880]  And all I need to do is get a copy of the letter. You send them with a certified mail copy, the green card or whatever,
[01:58:17.880 --> 01:58:23.880]  that they received and I'll use that as ammunition to show that the agency is absolutely recalcitrant
[01:58:23.880 --> 01:58:26.880]  and doing anything with public interest.
[01:58:26.880 --> 01:58:33.880]  Okay, thank you. We're about to go to break. This is Randy Kelton, Deborah Stevens and Craig with the radio.
[01:58:33.880 --> 01:58:40.880]  We have a special guest, Ken Manson, talking about the Judicial Conduct Commission.
[01:58:40.880 --> 01:58:47.880]  The subject that is, warmest the cockles of my heart, whatever that is.
[01:58:47.880 --> 01:58:52.880]  Anyway, okay, we'll continue to address this on the other side. We're going to the top of your hour break.
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