ROL_2013-06-07_16k_Hr1-2.timecode

[00:16.920 --> 00:23.920]  June 7, 2013. Gold opened today at $1407, silver at $22.67, and bitcoin is trading at
[00:23.920 --> 00:30.920]  $112. Support for The Liberty Beat comes from Tomorrow's Meals Today, South Austin Market
[00:31.120 --> 00:38.120]  Days every Saturday from 3 to 7 p.m. at 10106 Manchac Road. Information at tomorrowsmealstoday.com.
[00:38.800 --> 00:43.980]  And from Capital City Automotive, honest reliable auto care for vehicles foreign and domestic.
[00:43.980 --> 00:49.500]  Online at capitalcityautoaustin.com. And now the news. A secret document obtained by The
[00:49.500 --> 00:54.760]  Guardian reveals information about a previously undescrose program called PRISM that's being
[00:54.760 --> 01:00.720]  used by the National Security Agency to allow direct access to the systems of Google, Facebook,
[01:00.720 --> 01:05.460]  Apple, and other U.S. Internet giants. When asked for comment, the blockbuster companies
[01:05.460 --> 01:10.440]  denied knowledge of the program's existence. The NSA access was granted by changes to the
[01:10.440 --> 01:15.680]  U.S. surveillance law introduced under President Bush and renewed under President Obama in
[01:15.680 --> 01:22.680]  2012. On Thursday, Vermont Governor Peter Shumlin signed into law a bill that decriminalizes
[01:26.520 --> 01:31.400]  possession of up to an ounce of marijuana. Under the new law, a citizen found with marijuana
[01:31.400 --> 01:35.640]  would receive a ticket and those under 21 would be required to take substance abuse
[01:35.640 --> 01:42.640]  treatment. With this new law, Vermont becomes the 17th state to decriminalize.
[01:42.640 --> 01:49.640]  Wednesday evening, the Oregon State Senate voted 28 to 2 to pass a bill that would require
[01:50.720 --> 01:55.720]  schools to notify students before they begin integrating radio frequency technology for
[01:55.720 --> 02:00.040]  tracking of students. The bill would also require notification of the parents and the
[02:00.040 --> 02:04.360]  school board before implementation. Radio frequency technology is currently used to
[02:04.360 --> 02:09.360]  track cattle, consumer product, and students in both California and Texas.
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[02:29.560 --> 02:36.560]  online at centraltexasgunworks.com. This is the Liberty Beat for June 7, 2013. Be sure
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[03:26.360 --> 03:49.360]  Okay, the bad boys are back this Friday, the 7th of June, 2013 for our four-hour info marathon.
[03:49.360 --> 03:56.360]  I'm in a good mood today. I have been working for a long time developing a set of tools
[03:59.560 --> 04:06.560]  and made a major breakthrough today. So, I have a tool now where I can capture anyone's
[04:06.560 --> 04:16.560]  expertise in any given field. And I'll be using that initially for the area of law,
[04:18.560 --> 04:25.560]  but eventually expect to branch it out into other things. It's taken several different
[04:26.560 --> 04:32.560]  pieces of technology to get this to come together, but the pieces are beginning to fit into place.
[04:32.560 --> 04:38.560]  Those who have been listening are probably getting tired of hearing about, we're going
[04:38.560 --> 04:44.560]  to have this tool to eliminate lawyers with, but I hope you're all patient. It turns
[04:45.560 --> 04:51.560]  out it's a tremendous amount of work to get it done, and more than work, it takes
[04:52.560 --> 04:58.560]  a lot of figuring it out. Once I have it figured out, it's relatively easy to do,
[04:58.560 --> 05:04.560]  but it's kind of like the deal where you call in a plumber and he looks around the
[05:05.560 --> 05:11.560]  place for 20 minutes or so and then pulls out a wrench and whacks a valve and charges
[05:12.560 --> 05:18.560]  you a couple hundred bucks. And when you object, he tells you it's not a couple hundred
[05:19.560 --> 05:25.560]  bucks for whacking a valve, it's a couple hundred bucks for knowing which valve to whack.
[05:25.560 --> 05:32.560]  Knowing how to do this, figuring out and sorting out from all the plethora of possibilities
[05:33.560 --> 05:40.560]  has been a real struggle, but we've gotten it down. I have it down now to where I can
[05:41.560 --> 05:48.560]  use the most effective tool to capture the information. Then I can upload it to an internet
[05:48.560 --> 05:55.560]  site and document it out good, then download it back down, have to download it and export
[05:56.560 --> 06:04.560]  it through a couple of different programs to get it into the format that I need it in.
[06:05.560 --> 06:12.560]  Then I can bring it back up on the web as an interactive questionnaire. Questionnaires
[06:12.560 --> 06:18.560]  were so big that I had to break them into four parts because I kept crashing the system.
[06:19.560 --> 06:28.560]  So far, we don't seem to have quite the technology I need yet. Fifteen years ago,
[06:29.560 --> 06:39.560]  I put together a program that would augment this. It was a program for bondsmen.
[06:39.560 --> 06:49.560]  But the technology wasn't ready to handle that yet. The technology is here for that part now.
[06:50.560 --> 07:02.560]  But as often happens as the technology grows, so do our tools. I'm still scraping against
[07:02.560 --> 07:11.560]  the edge of the available technology, but we're getting there. Part of it is my lack
[07:12.560 --> 07:19.560]  of sophistication in that area. I have two or three pieces that I'm still trying to build.
[07:20.560 --> 07:27.560]  I've talked to people in the air about developing Legal Earth, and we'll be building
[07:27.560 --> 07:37.560]  all of this under Legal Earth. To develop that technology, that one takes a level of
[07:38.560 --> 07:42.560]  sophistication that at the moment is beyond me.
[07:43.560 --> 07:51.560]  So if we have anybody out there who is really sophisticated in graphics and graphics presentation
[07:51.560 --> 07:58.560]  and would like an interesting and challenging project, I have one for you.
[07:59.560 --> 08:05.560]  I certainly can use some help with this one. But anyway, we've made a major step forward,
[08:06.560 --> 08:11.560]  so now I have some continuity. I can start building these tools like judicial conduct
[08:11.560 --> 08:21.560]  and upgrade bar grievance. And I have some questionnaires that I'm trying to get prepared
[08:22.560 --> 08:31.560]  to get online. One in particular is I want to do one for traffic. We're about remedies.
[08:31.560 --> 08:43.560]  And primarily my purpose has always been to fix the system. And it's a big project,
[08:44.560 --> 08:53.560]  but it's not impossible. It's not beyond our capacity. And traffic is a good indication
[08:53.560 --> 09:00.560]  of something we can do to fix the system. With bar grievance up, with judicial conduct
[09:01.560 --> 09:09.560]  up, and with checklists for each that you can take to court with you, with the site
[09:10.560 --> 09:19.560]  to build criminal complaints up, and a site that you can go onto and it will ask you a
[09:19.560 --> 09:29.560]  set of questions about what has occurred with a traffic citation. And then spit out all
[09:30.560 --> 09:37.560]  the documents you need to address the issues that will be that you can bring before the
[09:38.560 --> 09:44.560]  court. And then a second questionnaire you fill out and it will spit you out a lawsuit.
[09:44.560 --> 09:49.560]  Right now in Texas, it costs you, if you get a ticket, you're going to wind up paying
[09:50.560 --> 09:55.560]  between $300 and $500 by the time you pay everything. Especially if you fight it. If
[09:56.560 --> 10:01.560]  you fight it, it's going to get even more. Well, you can file suit in the county court
[10:02.560 --> 10:10.560]  for about $150, $160 I think. It would be cheaper to sue the city than pay the ticket.
[10:10.560 --> 10:22.560]  And the cities, the municipalities are pretty well using the commercial traffic code as
[10:23.560 --> 10:31.560]  an unauthorized tax because they could absolutely care less whether you're guilty or innocent.
[10:31.560 --> 10:39.560]  They send their officers out there to create revenue. They write these tickets to create
[10:40.560 --> 10:44.560]  dollar flow because they know the majority of the people will just pay the ticket rather
[10:45.560 --> 10:52.560]  than go to the trouble of fighting it. So we had to find a way to overcome that.
[10:52.560 --> 11:01.560]  If we could get 2% of the people who get traffic tickets to file suit against the city,
[11:02.560 --> 11:11.560]  their whole revenue scheme will collapse because the lawsuit will cost them more than
[11:12.560 --> 11:17.560]  they're making on the traffic citations. First thing it'll do is raise their bond
[11:17.560 --> 11:23.560]  rating. And when they get 2% of the tickets they write, I mean, they may write 100 a day,
[11:24.560 --> 11:28.560]  they get two lawsuits a day, it won't be long until they can't get insured.
[11:29.560 --> 11:36.560]  And then it'll start coming out of the revenues. And lawyers to fight these things
[11:37.560 --> 11:43.560]  cost a lot of money, especially if every time the lawyer blinks, you file a judicial bar
[11:43.560 --> 11:47.560]  grievance against him and double his malpractice insurance or get it canceled.
[11:48.560 --> 11:52.560]  Then they'll have to start hiring new lawyers because they can't keep lawyers to get
[11:53.560 --> 12:00.560]  their ability to practice interfered with. Then we push the judges so that the city
[12:01.560 --> 12:10.560]  can't bond the judges. It should not take much to break the back of this scheme
[12:10.560 --> 12:14.560]  they've been running, if we get the right tool out there. And that's one of the ones
[12:15.560 --> 12:17.560]  this will help me to generate.
[12:18.560 --> 12:28.560]  So if there's anybody out there who is a computer graphics whiz and wants to donate
[12:29.560 --> 12:37.560]  not so much time as knowledge how to, I can build this thing, but there are so many
[12:37.560 --> 12:45.560]  possibilities. And the problem is with tools like Blender and there's a few of the
[12:46.560 --> 12:53.560]  graphic tools, Inkscape, they're technologies that I have to learn.
[12:54.560 --> 13:00.560]  And I've learned so many of them, I'm beginning to get them all run together and
[13:01.560 --> 13:05.560]  losing track of where I'm at, but the graphics will probably be done in vector
[13:05.560 --> 13:11.560]  graphics and that we can do in Inkscape. And I'll have to build the originals in
[13:12.560 --> 13:19.560]  Photoshop or GIMP and all of these are programs we have to learn. It's really
[13:20.560 --> 13:24.560]  giving me a headache. So if there's any help out there, I would sure appreciate it.
[13:25.560 --> 13:30.560]  Not so much in doing the work, I can do the work. I just need someone who can give me
[13:30.560 --> 13:34.560]  the short course on a couple of these programs so I can get started on it. The
[13:35.560 --> 13:40.560]  hardest part is when you first start learning what all the basic commands are.
[13:41.560 --> 13:46.560]  Those people who tend to write to documentation on these programs, they tend
[13:47.560 --> 13:53.560]  to be people who know the programs really well and they seem not to have a concept
[13:53.560 --> 13:59.560]  of referential index. They know all the stuff so they tend to leave out little
[14:00.560 --> 14:08.560]  connecting pieces, really critical connecting pieces. So I loaded Jomula on
[14:09.560 --> 14:16.560]  one time and went and got a book on Jomula and never ever found out how to load
[14:16.560 --> 14:25.560]  a file onto the web page. The very first thing I had to do was load a file onto
[14:26.560 --> 14:32.560]  the web page. And the books, the documentation all said load a file onto
[14:33.560 --> 14:39.560]  the web page. I never ever found out how to do it. I spent about two months
[14:40.560 --> 14:44.560]  struggling through all that fun stuff and finally just deleted the whole thing.
[14:44.560 --> 14:48.560]  So that's part of the problem I have trying to learn all this myself. It's the
[14:49.560 --> 14:52.560]  really simple stuff that you spend two or three weeks on something that somebody
[14:53.560 --> 14:56.560]  who knows it, take them two seconds and they tell you what it is, you can move
[14:57.560 --> 15:02.560]  ahead. Okay, enough of that. We've had a couple of calls but they dropped off.
[15:02.560 --> 15:19.560]  Last night I did want to go to a discussion of gun control and how the cities
[15:20.560 --> 15:26.560]  are doing a backlash or beginning to write their own legislation to stop this.
[15:26.560 --> 15:32.560]  I was hoping I'd get some questions on that subject but unfortunately I didn't.
[15:33.560 --> 15:43.560]  We may have Steve Skidmore back. There was a paper, a document that we were
[15:44.560 --> 15:50.560]  going over on the steps to take in a foreclosure matter. After we come back
[15:50.560 --> 15:56.560]  from the break, I see Steve coming up on the board. We'll bring him in and maybe
[15:57.560 --> 16:01.560]  tonight we can go over this. We went through half of it once. Maybe we can
[16:02.560 --> 16:07.560]  finish going through the steps you need to take to fight your foreclosure.
[16:08.560 --> 16:15.560]  This was an interesting paper but the main thing it indicates is not so much
[16:15.560 --> 16:24.560]  that it's really complex but rather there is just so much stuff you can do.
[16:25.560 --> 16:33.560]  That's pretty common with most any legal issue. There's always lots of things
[16:34.560 --> 16:42.560]  you can do to find remedy. The one thing we try to stress on the show, do not
[16:42.560 --> 16:47.560]  let them get away with it. There's always something you can do to fight back with
[16:48.560 --> 16:53.560]  them. This is Randy Kelton, Debra Stevens, Root of Law Radio. Call in number
[16:53.560 --> 17:12.560]  722-646-1984. Give us a call. Phone lines are open. We'll be right back.
[17:12.560 --> 17:27.560]  Everything's groovy. Wild Tang. Wild Tang, I think I love you. But I want enough
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[19:27.560 --> 19:42.560]  This true justice is spinning like it's out of control on the edge of a hole
[19:43.560 --> 19:48.560]  inside a deep dark hole. I'm always on the lookout for something to soothe
[19:48.560 --> 20:00.560]  myself. That's how I sit back and I watch the evidence unfold and I see justice.
[20:01.560 --> 20:09.560]  Okay, we are back and we have our very special guest, Steve Skidmore and it's
[20:10.560 --> 20:14.560]  a little quiet tonight so we may get time to go back through and finish up this
[20:14.560 --> 20:21.560]  quiet title timeline. Try it one more time. One more time. You want to kind of
[20:22.560 --> 20:26.560]  pick it up and just kind of walk quickly? Sure. Yeah, before we started taking
[20:27.560 --> 20:31.560]  calls last time, I'd started catching this up. I'm just going to go real briefly
[20:32.560 --> 20:40.560]  through what we'd went over, what, four weeks, five weeks ago now. This is a
[20:40.560 --> 20:47.560]  proposed, I'm going to say, quiet title timeline put together by one of Randy's
[20:48.560 --> 20:53.560]  loyal listeners. I've forgotten her name, Randy. Frances Scott. She's out of
[20:54.560 --> 21:02.560]  Colorado and she has been beating them up big time. Good. Just to catch us up
[21:03.560 --> 21:08.560]  where we've been, I'll just very, very quickly go through the sections. Section
[21:08.560 --> 21:16.560]  one is preparation. There's half a dozen. It goes A through K here. The second
[21:17.560 --> 21:26.560]  is file complaints. There's A through D in that one. The third section is notices.
[21:27.560 --> 21:31.560]  She goes through what kind of notices to send, when to send them, how to send
[21:31.560 --> 21:41.560]  them. Four, create the record. That is what she's calling create the record is
[21:42.560 --> 21:48.560]  taking pictures of your home, get GPS locations, file into the record, record
[21:49.560 --> 21:54.560]  all phone calls, check your state wire tapping laws, of course, get transcripts
[21:54.560 --> 22:00.560]  and file into the court records. Now, that brings us up to section five,
[22:01.560 --> 22:06.560]  prepare your case. And that's where we left off last time. There's A through E.
[22:07.560 --> 22:14.560]  There are also subsections for A through E. A is get a good template to follow.
[22:15.560 --> 22:18.560]  Keep in mind, prepare your case. Get a good template to follow. B, customize
[22:18.560 --> 22:25.560]  your template to your case. C, gather up exhibits. D, follow up on the money
[22:26.560 --> 22:32.560]  orders. And that was covered in the prior show. And E, track your costs so you
[22:33.560 --> 22:40.560]  have them. Now, let's go back to A. A1, under get a good template to follow.
[22:40.560 --> 22:47.560]  Template she's speaking of is a lawsuit. Read several cases and choose one.
[22:48.560 --> 22:54.560]  She mentions a gentleman here that has templates for sale. I'd like to stop
[22:55.560 --> 23:00.560]  or pause on this issue and address this issue. There are the courts,
[23:01.560 --> 23:07.560]  let's face it, over the past five to eight years, the courts have been flooded
[23:07.560 --> 23:15.560]  with pro se pleadings. Do not trust what you find out there online.
[23:16.560 --> 23:23.560]  If it's a winning case written by a lawyer, okay, fine. Be careful what you choose.
[23:24.560 --> 23:29.560]  Usually, I would highly encourage someone to steer away from pro se pleadings.
[23:29.560 --> 23:36.560]  I'm not one to badge your pro ses, but we do make a lot of mistakes in the
[23:37.560 --> 23:41.560]  learning process. And please, don't anybody dig my case up and follow it
[23:42.560 --> 23:46.560]  either. Yeah, Randy. Randy knows the pain I've been through for four years.
[23:47.560 --> 23:53.560]  Yeah, I hope nobody looks at my earlier stuff either. The first document filed,
[23:53.560 --> 23:58.560]  that Steve filed, the suit he filed, was one that I put together. And I tell
[23:59.560 --> 24:03.560]  this story on the air all the time that if you're going to stop the banks,
[24:04.560 --> 24:08.560]  just sue them. File a good suit, bad suit. In the end, don't make much difference,
[24:09.560 --> 24:13.560]  just file one. And I tell about Steve come to me and we went on the Internet
[24:14.560 --> 24:18.560]  and did exactly what he's suggesting. You go on the Internet and find suits
[24:18.560 --> 24:23.560]  written by lawyers and pull down what looks like it fits yours. Well,
[24:24.560 --> 24:26.560]  I pulled down a bunch of stuff, stuck it together. We filed it in the court
[24:27.560 --> 24:31.560]  and it stopped the eviction hearing. And the other side come back with a
[24:32.560 --> 24:36.560]  response saying, your honor, you should dismiss this suit because it's a piece
[24:37.560 --> 24:41.560]  of crap. And the judge read it and his response was, yeah, you're right,
[24:42.560 --> 24:46.560]  it's a piece of crap. Fix it. So we wrote up another one. They said,
[24:46.560 --> 24:50.560]  well, this was a piece of crap. Five years later,
[24:51.560 --> 24:56.560]  he won the whole enchilada. So primary point is,
[24:57.560 --> 25:01.560]  do some research, go online. Absolutely. Right now,
[25:02.560 --> 25:06.560]  if somebody brings up an issue or I come across an issue that I want to address,
[25:07.560 --> 25:12.560]  you know, I don't sit down here and start trying to figure out how to address
[25:12.560 --> 25:16.560]  that issue. Heck with that. I've got a whole bunch of lawyers who've already
[25:17.560 --> 25:21.560]  done that. And I don't even use Lexis and Westlaw anymore.
[25:22.560 --> 25:26.560]  They're a waste of time. It's too hard on those things.
[25:27.560 --> 25:31.560]  They're hard to navigate. Yeah. Get case on point. Just go to the Internet
[25:32.560 --> 25:35.560]  and do a search for whatever you're looking for. And bang, you get stacks of
[25:36.560 --> 25:40.560]  it. And in those, you look for briefs if you can find them.
[25:40.560 --> 25:46.560]  Briefs or decisions by the court.
[25:47.560 --> 25:52.560]  Usually the Supreme or depending on your issue,
[25:53.560 --> 25:56.560]  you want to look for the higher court decisions. If you're looking for case law,
[25:57.560 --> 26:02.560]  only Supreme Court, either state or US, or appellate decisions are controlling
[26:03.560 --> 26:07.560]  over a court. Right. Your local trial courts, theirs don't mean a whole lot.
[26:07.560 --> 26:13.560]  Right. Another court might take them on advisement, but they don't have control.
[26:14.560 --> 26:19.560]  In reading these, you will find they are very well written.
[26:20.560 --> 26:24.560]  And, you know, I look at a lot of the pro se pleadings and I scratch my head
[26:25.560 --> 26:31.560]  wondering, what are they talking about? When you read a judicial decision,
[26:31.560 --> 26:36.560]  you will find they read very well. And I am,
[26:37.560 --> 26:43.560]  there's one skill that I have honed and polished above all others.
[26:44.560 --> 26:48.560]  And that is that I am an accomplished plagiarist.
[26:49.560 --> 26:54.560]  I was just going to say. I'm not going to write it if somebody else has done a
[26:54.560 --> 27:04.560]  better job than I can do. Especially if you pull your arguments out of legal decisions,
[27:05.560 --> 27:10.560]  I take the arguments out and drop them into my documents and then go in there
[27:11.560 --> 27:17.560]  and adjust the wording for case. And sometimes it'll be slightly off
[27:18.560 --> 27:22.560]  and I make the adjustments in the wording so it fits the case appropriately.
[27:22.560 --> 27:29.560]  But when the judge reads that, he's going to know exactly what I did.
[27:30.560 --> 27:35.560]  And I want him to know that I did that. I want it to be clear to the judge,
[27:36.560 --> 27:41.560]  this is not me saying this. This is the court saying this and I've got,
[27:42.560 --> 27:47.560]  you know, it references all the case law and they look at it. I had somebody comment once and say,
[27:47.560 --> 27:54.560]  wait a minute, you got this out of a case opinion and you didn't even write this.
[27:55.560 --> 27:56.560]  Of course I didn't write it.
[27:57.560 --> 27:58.560]  What difference does it make?
[27:59.560 --> 28:00.560]  Yeah, I stink.
[28:01.560 --> 28:02.560]  Objection irrelevant.
[28:03.560 --> 28:06.560]  I guess somebody knows what they're doing. And it's perfectly all right to do that
[28:07.560 --> 28:09.560]  because everything that's filed is in the public record.
[28:10.560 --> 28:12.560]  Sure. And it's there for your use.
[28:12.560 --> 28:20.560]  Read these cases. You will be surprised how well they read and how well they explain your issues.
[28:21.560 --> 28:25.560]  Once you've read two or three of these cases, you will understand the issue
[28:26.560 --> 28:32.560]  because the case will generally revolve around a fine point of law.
[28:33.560 --> 28:39.560]  But in order to make that point of law make sense, they have to tell you the decisions that lead up to it
[28:39.560 --> 28:47.560]  and lead away from it. And they'll say here in this case we decided this and we decided this and we decided this
[28:48.560 --> 28:54.560]  and over there they decided that, that and that. So right here in the middle we have this issue that's not resolved
[28:55.560 --> 29:00.560]  and then they explain it. We read another one and it's a different minor point.
[29:01.560 --> 29:07.560]  But you see these same issues coming up, same cases addressing those issues coming up
[29:07.560 --> 29:13.560]  with theirs somewhere in the middle. So when you see these lawyers get before the court
[29:14.560 --> 29:20.560]  and they start kicking these cases back and forth, well that's because lawyers tend to practice in the same area
[29:21.560 --> 29:27.560]  and they cite these same cases over and over. And one other quick thing and then we'll go on.
[29:27.560 --> 29:39.560]  Litigation guides. Get litigation guides. Don't make this stuff up. It's already in the litigation guide.
[29:40.560 --> 29:45.560]  Do it the way the other lawyers do it. Give them the case law the judge expects to see.
[29:46.560 --> 29:49.560]  In the order he expects to see them and he'll actually read your pleading.
[29:49.560 --> 29:59.560]  This is Randy Kelton, Deborah Stevens. We'll do our radio with our special guest Steve Skidmore. I call in number 512-646-1984. We'll be right back.
[30:01.560 --> 30:09.560]  Being overweight in Japan is illegal. Citizens with bloated waistlines are labeled metabo and must slim down to meet government mandates.
[30:10.560 --> 30:15.560]  Will the U.S. follow suit? I'm Dr. Katherine Albrecht and I'll be back to weigh in on this issue in just a moment.
[30:15.560 --> 30:23.560]  Your search engine is watching you, recording all your searches and creating a massive database of your personal information. That's creepy.
[30:24.560 --> 30:28.560]  But it doesn't have to be that way. Startpage.com is the world's most private search engine.
[30:29.560 --> 30:35.560]  Startpage doesn't store your IP address, make a record of your searches or use tracking cookies. And they're third-party certified.
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[30:42.560 --> 30:45.560]  Startpage.com, the world's most private search engine.
[30:46.560 --> 30:53.560]  Japan's universal health care system is a budget buster. Overweight citizens raise costs so the government wants to whittle waistlines.
[30:54.560 --> 31:01.560]  Men with waist over 33 inches and women with waist over 35 inches are illegally overweight, doesn't matter how tall you are.
[31:02.560 --> 31:07.560]  Companies face heavy fines if employees don't slim down, so workers are pressured into weight loss programs.
[31:07.560 --> 31:16.560]  Here in the U.S., grocers Stop & Shop once considered sharing shopper card purchase data with HMOs, presumably to punish shoppers choosing bacon over bran.
[31:17.560 --> 31:23.560]  And with Obamacare, mandated measurements in food nannies could be just around the corner unless we say no to health surveillance today.
[31:24.560 --> 31:28.560]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:28.560 --> 31:37.560]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:38.560 --> 31:44.560]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:45.560 --> 31:47.560]  Over 6,000 of my fellow service members have given their lives.
[31:48.560 --> 31:49.560]  Thousands of my fellow first responders are dying.
[31:50.560 --> 31:51.560]  I'm not a conspiracy theorist.
[31:52.560 --> 31:52.560]  I'm a structural engineer.
[31:53.560 --> 31:53.560]  I'm a New York City correction officer.
[31:54.560 --> 31:54.560]  I'm an Air Force pilot.
[31:55.560 --> 31:56.560]  I'm a father who lost his son.
[31:56.560 --> 31:58.560]  We're Americans, and we deserve the truth.
[31:59.560 --> 32:01.560]  Go to RememberBuilding7.org today.
[32:02.560 --> 32:10.560]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, and neither is finding like-minded people to share it with.
[32:11.560 --> 32:13.560]  Oh, well, I guess you haven't heard of Brave New Books, then.
[32:14.560 --> 32:15.560]  Brave New Books?
[32:16.560 --> 32:22.560]  Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, Angie Edward Griffin.
[32:22.560 --> 32:25.560]  They even stock inner food, Berkey products, and Calvin soaps.
[32:26.560 --> 32:28.560]  There's no way a place like that exists.
[32:29.560 --> 32:34.560]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[32:35.560 --> 32:37.560]  By UT, there's never anywhere to park down there.
[32:38.560 --> 32:45.560]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility, just behind the bookstore.
[32:46.560 --> 32:48.560]  It does exist, but when are they open?
[32:48.560 --> 32:53.560]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[32:54.560 --> 33:00.560]  So give them a call at 512-480-2503 or check out their events page at BraveNewBookstore.com.
[33:05.560 --> 33:11.560]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:11.560 --> 33:25.560]  Yes, I've got a warrant and I'm going to serve them, to the head of the government, prosecute them.
[33:26.560 --> 33:27.560]  Okay.
[33:27.560 --> 33:55.560]  Okay, we are back.
[33:55.560 --> 33:58.560]  Grant and Calvin Deborah Stevens here with Steve Skidmore.
[33:59.560 --> 34:08.560]  Okay, Steve, we were kind of finishing up on how to prepare your document.
[34:09.560 --> 34:12.560]  Right. Your original petition.
[34:13.560 --> 34:19.560]  In a nutshell, plagiarize, plagiarize, plagiarize.
[34:20.560 --> 34:22.560]  Yeah, what choice have you got? You're a pro se.
[34:22.560 --> 34:37.560]  Yes, and avoid, avoid these key, these pro se keywords, like putting your name in with a colon, the family of, the man on the land, blah, blah, blah.
[34:37.560 --> 34:51.560]  All that stuff, even if the judge is absolutely completely and totally honest, when he reads those keywords, something in his mind says, oh no, not another one of these guys.
[34:52.560 --> 34:53.560]  Yeah.
[34:53.560 --> 35:11.560]  Even if he doesn't want to, it's going to taint his reasoning about you. Do your best to write your pleading so that the only way the judge knows it wasn't written by a lawyer is a lawyer didn't sign it at the end.
[35:12.560 --> 35:14.560]  Okay, I'm going to shut up.
[35:14.560 --> 35:22.560]  Leave all the patriot mythology, all the sovereign citizen Republic of Texas stuff, stare clear of it.
[35:23.560 --> 35:28.560]  Because Randy's right, as soon as they read that, even an honest judge, you've tainted him.
[35:28.560 --> 35:45.560]  You've, anyway, yes, get a good template or get several good templates, follow it, make sure that they were winning cases and that your points are on point or that their points are actually on point with yours.
[35:46.560 --> 35:51.560]  Something else I would highly recommend is jurisdictionary.
[35:51.560 --> 36:03.560]  If you're going into court and you've never been to court before, you owe it to yourself to sock a half a paycheck away on a copy of jurisdictionary.
[36:04.560 --> 36:06.560]  So that said…
[36:07.560 --> 36:08.560]  Let me address that quickly.
[36:09.560 --> 36:10.560]  Sure.
[36:10.560 --> 36:23.560]  If you don't know the rules, you're not going to win this game. And when I get people calling in and I tell them, well, you need to write a writ of mandamus and they say, well, what is that?
[36:24.560 --> 36:35.560]  Then I tend to say, you don't know enough to even be able to talk to me about this. You need to go get jurisdictionary.
[36:35.560 --> 36:44.560]  I was talking to Mark in Wisconsin and he was telling me what he was doing. I said, well, you need to file a motion to strike all the evidence. I did that.
[36:45.560 --> 36:51.560]  The judge wouldn't do something. You need to file a writ of mandamus. I did that. Everything I told him, I did that.
[36:52.560 --> 36:57.560]  I said, have you been through jurisdictionary? Oh yeah, I've been through that a couple of times.
[36:58.560 --> 36:59.560]  It was clear.
[36:59.560 --> 37:07.560]  If you haven't been through jurisdictionary and you're not a lawyer, you don't have a chance.
[37:08.560 --> 37:13.560]  The judge is not your lawyer and he can't give you legal advice.
[37:14.560 --> 37:20.560]  And it may kill his soul. He sees you standing in front of him doing all the wrong things.
[37:20.560 --> 37:34.560]  I did a mock trial once and the guy is putting out all this Patriot mythology crap and I'm saying, come on, give me something I can rule on.
[37:35.560 --> 37:42.560]  He wound up going to jail. We did two mock trials. He lost them both. He's in jail right now.
[37:42.560 --> 38:05.560]  But get jurisdictionary. Read the rules. If it's your liberty, that's at stake. Read a couple books. Read the criminal procedure code. Read the penal laws. Read a few cases similar to yours.
[38:05.560 --> 38:14.560]  Go down and sit in the courtroom. Watch how it works and get jurisdictionary so you know what the terminology is.
[38:15.560 --> 38:21.560]  You know how to file a motion, what constitutes a motion, difference between a motion and a pleading, all these technical details.
[38:22.560 --> 38:26.560]  You'll be in good shape once you've been through jurisdictionary. That will empower you.
[38:26.560 --> 38:41.560]  And if you've got to define whether or not your suit or case is criminal or civil in nature and study those rules of procedure for your state.
[38:42.560 --> 38:50.560]  Study those rules of procedure such as the Texas rules of civil procedure or Texas rules of criminal procedure.
[38:50.560 --> 38:58.560]  If you don't, you may know the law. You may know you're standing on the right side of it. You may have this guy dead to rights.
[38:59.560 --> 39:05.560]  But if you screw up in procedure, you can get your whole thing. The whole ball of wax will go down the proverbial drain.
[39:05.560 --> 39:20.560]  I was helping a guy in California and I talked to him this morning and he said, I went through the local rules and the judge was supposed to give me 30 days to file this response and only gave me two weeks.
[39:21.560 --> 39:30.560]  And I got a copy of the pleading off of PACER, but the other side never sent it to me.
[39:30.560 --> 39:38.560]  He said, should we raise those issues? No, no, don't raise those issues.
[39:39.560 --> 39:53.560]  We take our time, make sure we got this document right. And then when we file it, if the other side raises an objection, then we'll come back and say, well, your honor, we never received notice of this document.
[39:53.560 --> 40:04.560]  So the time for us to file it never began to toll yet. And the court gave us two weeks, but we never received it.
[40:05.560 --> 40:12.560]  So we would have two weeks from the time the court, from the time we received it, but the court was in error and should have give us 30 days.
[40:13.560 --> 40:20.560]  So read the rules. When the lawyers you're dealing with pro se, they violate the rules all the time.
[40:20.560 --> 40:24.560]  Oh, yeah. And it's great fun to hammer a lawyer for violating the rule.
[40:25.560 --> 40:28.560]  Yeah, but you got to know the rules to know that he's violating them.
[40:29.560 --> 40:31.560]  Exactly.
[40:31.560 --> 40:56.560]  So, I think we've worn the heels off of that one. B, customize your template to your case. Yeah, I think we covered that. Include your evidence. I'd like to pause right there and cover something that we, some knowledge that I owe another listener to and he'll know who I'm talking about as soon as I pipe in here.
[40:56.560 --> 41:11.560]  Entering your evidence. I used to think naively that by putting my evidence in my pleading, I was entering evidence into the court. Wrong, wrong, wrong, wrong.
[41:11.560 --> 41:26.560]  There's a procedure for doing that. And the gentleman that turned me on to this said in court, and this is where it pays to go to court when you don't have an issue. Go to court and watch. Watch very closely. Take notes.
[41:27.560 --> 41:33.560]  See what these lawyers are doing. Watch how they handle themselves and each other and the judge.
[41:33.560 --> 41:42.560]  That way you've got a good, if the judge doesn't get mad at one or the other of them, you've got a good model to go by. Now you know how to behave in court.
[41:42.560 --> 42:03.560]  But what he noticed was that, and he thought pretty much the same way I did until he noticed this in court, that the lawyer would have, let's say, a deed of trust. Your Honor, I have here a document titled Deed of Trust. He has identified the document. So step one, identify the document.
[42:03.560 --> 42:15.560]  This document will show, or this document was executed on such and such, or will show that it was executed on such and such a date by the defendant or the plaintiff or whatever.
[42:16.560 --> 42:29.560]  And it's 16 pages long. And what he'll do then is offer a copy of the same to the other side. Let him look at, let the other side look at both documents.
[42:29.560 --> 42:42.560]  You've got two copies of the deed of trust. Actually, you've got three. You've got your copy still over on the table. You're going to show the copy, the two copies, one that you're going to give to that attorney then at that time and one that you're going to take up to the judge.
[42:43.560 --> 42:53.560]  But you want him to compare them. This is his opportunity to object to the entering of this alleged evidence or the entering of your evidence on the record.
[42:53.560 --> 43:03.560]  So if he looks at it and gives you a nod, you give him a copy and you take a copy toward the judge. If you go to give it to the judge, he may tell you to give it to the clerk.
[43:04.560 --> 43:20.560]  Give it to the clerk. The clerk will then, if the judge says yes, we'll enter this into evidence. If it's not opposed or if it's not objected to, or if you can overcome the objection to show that the evidence is crucial in your case,
[43:20.560 --> 43:33.560]  you overcome the objection, the judge will say, we'll mark that as Exhibit A. It will then be usually marked by the recorder or the clerk. I hear the music.
[43:34.560 --> 43:42.560]  Okay. One thing, never approach the court unless you ask the court, may I approach?
[43:42.560 --> 43:55.560]  Correct. Otherwise he'll get all over you. This is Randy Kelton, Deborah Stevens, Rule Our Radio, our call-in number 512-646-1984. We'll be right back.
[44:12.560 --> 44:22.560]  1835, Gonzales, Texas territory. The authorities wanted to confiscate the big gun that protected that colony. You know what the people said?
[44:23.560 --> 44:31.560]  Come and take it. Because they were willing to fight for their freedom and their guns. So are we.
[44:31.560 --> 44:43.560]  Come and take it if you want it. Come and take it if you think you can. Come and take it, but I warn you, you'll have to pry it from our cold dead hands.
[44:44.560 --> 44:57.560]  We want the freedom that God gave us, so you best not cross that line. If you want this gun, you gotta come through us and take it one shot at a time.
[44:57.560 --> 45:01.560]  Just like Gonzales, we're keeping our guns.
[45:02.560 --> 45:16.560]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4CD course that will show you how in 24 hours, step by step.
[45:17.560 --> 45:24.560]  If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer, know what you should do for yourself.
[45:24.560 --> 45:35.560]  Thousands have won with our step by step course, and now you can too. Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:36.560 --> 45:44.560]  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.
[45:44.560 --> 45:53.560]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[45:53.560 --> 46:14.560]  Please visit RuleOfLawRadio.com and click on the banner, or call toll free, 866-LAW-EASY.
[46:14.560 --> 46:36.560]  Please visit RuleOfLawRadio.com and click on the banner.
[46:36.560 --> 46:54.560]  Okay, we are back. Randy Kelton here with Steve Skidmore, our very special guest, and we're going through a set of procedures that everyone should take if they have a mortgage issue.
[46:55.560 --> 46:59.560]  And a lot of this applies to any issue. Okay, Steve?
[46:59.560 --> 47:11.560]  Sure. We were going through entering your evidence on the record, and Randy's absolutely correct. Do not approach the bench without asking the permission from the judge, and he'll tell you come on forward.
[47:11.560 --> 47:30.560]  One quick comment. This is called foundation. If you just try to give something to the court, you're going to get objection foundation. And what that means is you haven't established a reason for giving this to the court.
[47:30.560 --> 47:41.560]  Now, you can do it in open court, or you can do it if you reference any document in your pleading. Make sure that document is attached.
[47:41.560 --> 48:03.560]  When you reference that document, establish foundation. This is what the document is. This is why it's a valid document. This is why it's appropriate to this situation, and this is what it'll prove. Here it is offered for evidence.
[48:03.560 --> 48:18.560]  Now, if you go through what Randy just suggested, as you're introducing the document to the court, your Honor, I've got a deed of trust that was created, and it will show this and that and that, and it's 16 pages long.
[48:18.560 --> 48:34.560]  May I enter? You may, or may I approach? You may. Show the two documents to the other side. Let him object if he wants to then. Then go towards the bench. He may tell you to give it to the reporter or to the clerk.
[48:35.560 --> 48:40.560]  Whichever follows instructions, it will be marked as evidence at that time.
[48:40.560 --> 48:56.560]  Then you can also take your copy up there as well so that your copy is marked. But now your evidence is on the record of evidence in the court. I hope that all made sense.
[48:56.560 --> 49:21.560]  To move on, include evidence to support every statement. Yes. Yes and no. You can make a statement, but if you're stipulating to something, you want to prove that stipulation. So yes, if you have evidence in support of a stipulation, absolutely put it in.
[49:21.560 --> 49:31.560]  But never make a proactive statement of law out of your own mouth. Absolutely.
[49:31.560 --> 49:56.560]  You must make all statements of law out of the mouth of the court or the legislature. Don't say, well, you're just, they can't do this, blah, blah, blah. Say the legislature determined in statute so-and-so, the Texas Penal Code or Code of Criminal Procedure, whatever, that this is the procedure.
[49:56.560 --> 50:05.560]  Or in case the court stated in certain case, state so-and-so, see case whatever.
[50:05.560 --> 50:30.560]  Anytime you can give the most cogent and convincing argument to the judge, and he can agree with you, but if you have not given him facts and law, you've given him nothing to rule on as the trial court must determine the facts in accordance with the evidence,
[50:30.560 --> 50:43.560]  with the rules of evidence, and then apply the law as it comes to him to the facts in the case. He may not go out and do his own research. You have to bring the law to him.
[50:44.560 --> 50:57.560]  Facts and law define. Facts are the law as it is written or statutes as they are written, and law is case law in support of that statute or in support of your claim.
[50:57.560 --> 51:11.560]  So, she goes on by writing, C, gather up exhibits. I think mark your exhibits, make summary of your exhibits, and I think we already covered all that.
[51:12.560 --> 51:18.560]  Yes, a summary of exhibits. It's a good idea to put in an exhibit list, either at the beginning or the end.
[51:18.560 --> 51:34.560]  Yes, yes. Now, she's put in a section here that I'm not familiar with. Follow up on the money orders. I still can't, now, she suggested to send the money earlier. She had suggested that you send the money. Can you go through that?
[51:34.560 --> 51:53.560]  Yeah, let me tell you what that was about. She didn't put in there what that was about. In something specific in California, she sent a money order to MERS and to someone else in the case.
[51:53.560 --> 52:11.560]  And there was something specific in Colorado law that MERS cashed that money order, and once they cashed the money order, they released any claim they may have had by statute.
[52:11.560 --> 52:28.560]  Okay. So, this is a problem we have. I was talking in the first segment about studying software, and these people who write software really know it frontwards, backwards, upside down, and sideways, and they tend to leave out really important little pieces.
[52:28.560 --> 52:48.560]  Sometimes when you're cruising through something, you forget to put in referential index. So, I really don't remember the details of that, so we can't really explain. I can't explain it in detail, but she did have a good reason for doing it, and it was specific to Colorado law.
[52:48.560 --> 53:04.560]  Okay. Now, the rest of this makes a little more sense. D2, or I'm sorry, D1, were the money orders cashed, and two, file for copies of what was cashed.
[53:05.560 --> 53:16.560]  And E, track your costs so you have them. And that's the end of section five. Section six, decide who to name as a defendant.
[53:16.560 --> 53:30.560]  Let me pause right there. It says the most crucial decision, 6A, choose one if possible. Okay. Choose one if possible. Number one, who's coming after you?
[53:30.560 --> 53:56.560]  That's your first target. Whoever's staking a claim against you, that is your first target. Now we go to Federal Rule 17, Federal Rules of Civil Procedure, Rule 17A1, Rule 17A states that an action must be prosecuted in the name of the real party in interest.
[53:56.560 --> 54:08.560]  Now, this may cause conflict in your decision. You may know that Bank of America is not the real party in interest, but it's Bank of America that says that they have a right to your house.
[54:09.560 --> 54:19.560]  Issue number one, they still stood right there in front of your cross hairs. They put your cross hairs right there in the middle of their corporate forehead.
[54:19.560 --> 54:32.560]  Okay. So, whoever it is that's coming after you is most likely your first target. Once you get into this, you're going to find several more targets.
[54:32.560 --> 54:51.560]  Let me address this for a second. It goes to an issue of law. And I run across this a lot. I have people say, well, I got this loan and then so and so bought it. And I say, how do you know that? Well, they told me they bought it.
[54:52.560 --> 54:53.560]  They said so.
[54:53.560 --> 55:13.560]  So, when we help someone with a foreclosure issue, first thing we do is sue whoever is trying to collect the debt because all you know is this person signed this document.
[55:13.560 --> 55:29.560]  And in this document, he made all of these assertions and allegations. But you don't know about those. You do know that this person signed this document and he's attempting to collect this debt. That's what you know.
[55:29.560 --> 55:43.560]  Now, we ask him to prove up these assertions and allegations that he's making. Our first suit is always an agency standing in capacity suit.
[55:43.560 --> 56:00.560]  It would be inappropriate to sue Wells Fargo because some two-bit shyster lawyer came along and claimed that you owed Wells Fargo money and he had authority to collect that money and you're to pay him.
[56:00.560 --> 56:12.560]  Well, what if he don't give it to Wells Fargo? What if Wells Fargo don't know anything about him? If he does dirty, rotten, lousy stuff to us, it'd be inappropriate to sue Wells Fargo for it.
[56:12.560 --> 56:30.560]  Wells Fargo, if we did sue them, they'd jump up and down and wave their arms and rail and righteous indignation. So, be careful about the difference between what you know and what you deduce or think you know.
[56:31.560 --> 56:34.560]  That's all I'm going to say on that subject.
[56:35.560 --> 56:39.560]  Well, I'll pipe in and add a little bit more.
[56:39.560 --> 56:58.560]  How do these foreclosure mill attorneys operate? They're a third, they're a gaggle of third-party debt collectors with bar cards. Okay. Bar card, I don't care. I'm sure your mom's proud. You're a debt collector.
[56:58.560 --> 57:18.560]  Okay. You're trying to negotiate or renegotiate a deal with, let's say, Wells Fargo. While you're trying to negotiate things, Mr. Lawyer pops up or Mr. Debt Collector pops up, says he's a lawyer, jumps right in the middle of your negotiations and says,
[57:18.560 --> 57:32.560]  yep, we're going to sue you. I'm going to represent these guys and we're going to sue you. Really? Really? Do you really want him to prove it or do you just want to make him go away?
[57:32.560 --> 57:48.560]  Write up a contract. Actually, by stepping into the middle as a third-party interloper, this ignorant attorney, being a third-party interloper, has intervened in your negotiations.
[57:48.560 --> 58:03.560]  So he's going to file something in court. I hear the music. He's going to file something in court that can be construed as an offer to contract. You might want to accept his offer and draw up your own terms.
[58:04.560 --> 58:13.560]  If you file anything in court, you owe me $100,000. If you don't pay in 10 days, you owe me three times that. See if he'll accept your offer.
[58:13.560 --> 58:28.560]  Okay, this is Randy Kelton, Deborah Stevens, Boula Radio. We're going to our top of the hour break. We will probably do one more segment on this and then we'll open the phone line.
[58:28.560 --> 58:48.560]  So, Rosanna, I see you there. We lost another caller. Hang on. Be patient with us. We'll finish this up when we get back on the other side. Call in number 512-646-1984. Give us a call. Get in early. It tends to build up toward the end of the show. We'll be right back.
[58:58.560 --> 59:12.560]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today. It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
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[59:59.560 --> 01:00:13.560]  You're listening to The Liberty Beat, your daily source for liberty news and activist updates, online at TheLibertyBeat.com.
[01:00:13.560 --> 01:00:35.560]  John Bush here with your Liberty Beat for June 7, 2013. Gold opened today at $1,407. Silver at $22.67 and Bitcoin is trading at $112. Support for The Liberty Beat comes from Tomorrow's Meals Today, South Austin Market Days every Saturday from 3 to 7 p.m. at 10106 Manchac Road.
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[01:00:46.560 --> 01:01:02.560]  And now the news. A secret document obtained by The Guardian reveals information about a previously undescrossed program called PRISM that's being used by the National Security Agency to allow direct access to the systems of Google, Facebook, Apple, and other U.S. internet giants.
[01:01:02.560 --> 01:01:15.560]  When asked for comment, the blockbuster companies denied knowledge of the program's existence. The NSA access was granted by changes to the U.S. surveillance law introduced under President Bush and renewed under President Obama in 2012.
[01:01:16.560 --> 01:01:28.560]  On Thursday, Vermont Governor Peter Shumlin signed into law a bill that decriminalizes possession of up to an ounce of marijuana.
[01:01:28.560 --> 01:01:40.560]  Under the new law, a citizen found with marijuana would receive a ticket and those under 21 would be required to take substance abuse treatment. But this new law of Vermont becomes the 17th state to decriminalize.
[01:01:45.560 --> 01:01:56.560]  Wednesday evening, the Oregon State Senate voted 28 to 2 to pass a bill that would require schools to notify students before they begin integrating radio frequency technology for tracking of students.
[01:01:56.560 --> 01:02:08.560]  The bill would also require notification of the parents and the school board before implementation. Radio frequency technology is currently used to track cattle, consumer product, and students in both California and Texas.
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[01:02:31.560 --> 01:02:46.560]  This is the Liberty Beat for June 7, 2013. Be sure you like us on Facebook at facebook.com slash the Liberty Beat. Check out all the written stories of today's news at thelibertybeat.com.
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[01:03:01.560 --> 01:03:24.560]  It's all according to the will of the almighty I read his book and it says he cares none for the unsightly These warmongers come by that term rightly
[01:03:24.560 --> 01:03:37.560]  I won't pay for the war with my body Ain't gonna pay for the car with my money I won't pay for the fun with my body
[01:03:37.560 --> 01:03:57.560]  There's plans wicked and the nice side Ain't gonna pay for the war with my body
[01:04:07.560 --> 01:04:23.560]  On the island of Oahu or somewhere in Hawaii, he had a client that he was, to the best of my knowledge and recollection, he had a client who was trying to work out a negotiated deal with a lender.
[01:04:23.560 --> 01:04:37.560]  During these negotiations, some attorney shows up and says, here, I'm representing these guys and we're going to sue you.
[01:04:38.560 --> 01:04:46.560]  Well, think about this. If you're negotiating or trying to negotiate with a lender, is it the lender that's suing you or is it the attorney that's suing you?
[01:04:47.560 --> 01:04:51.560]  It's not the lender, you're in negotiations. This guy just shows up out of the blue.
[01:04:51.560 --> 01:04:55.560]  Yeah, the lender would be subject to equitable estoppel.
[01:04:56.560 --> 01:05:05.560]  There you go. So this guy just shows up out of the blue claiming to represent the guys that you're trying to negotiate with and says, I'm representing them as a lead counsel. Here's our lawsuit.
[01:05:06.560 --> 01:05:19.560]  Oh, well, okay. Well, Ken Kuniyuki saw this attorney as a third party interloper and he saw the pleading that he had filed into court as an offer to contract.
[01:05:19.560 --> 01:05:35.560]  He thought rather than be in dishonor and telling this guy to go away, which he apparently isn't going to, I accept your offer to contract. Here are my terms.
[01:05:36.560 --> 01:05:40.560]  I accept your contract conditionally. Here's the condition.
[01:05:40.560 --> 01:05:56.560]  I will let you in this deal as a third party interloper and you will acknowledge your acceptance of all of the terms herein by filing anything further in the court or moving forward in any way.
[01:05:56.560 --> 01:06:09.560]  And if you so choose to do that, I'll let you into this deal for $100,000. That $100,000 is payable within 10 days and if you miss that 10 day deadline, you owe me three times that.
[01:06:09.560 --> 01:06:26.560]  So it all went to court and the attorney that Kuniyuki had counter offered said, Your Honor, I don't think he can do that.
[01:06:26.560 --> 01:06:41.560]  And the judge looked at it and I don't know if he asked the guy if he had a contract with the principal or not, but apparently he didn't. And well, apparently he can. He's done it. You owe the guy a lot of money.
[01:06:42.560 --> 01:06:44.560]  It worked out very well.
[01:06:45.560 --> 01:06:49.560]  For me, that really gives me a great idea.
[01:06:49.560 --> 01:07:00.560]  Well, that is a very tight nutshell version of secondhand information and I want to make that absolutely clear.
[01:07:01.560 --> 01:07:04.560]  The nice thing about being a pro se…
[01:07:05.560 --> 01:07:11.560]  You get away with a lot more than an attorney can, but Ken Kuniyuki was an attorney and he sure did it.
[01:07:12.560 --> 01:07:13.560]  Well, if one of the things…
[01:07:14.560 --> 01:07:17.560]  I don't know the names of the defendants or plaintiffs or anything like that.
[01:07:17.560 --> 01:07:31.560]  One of the things we're doing is having the individual send a request letter to every person who has signed a document requesting evidence, not to the person, I'm sorry.
[01:07:32.560 --> 01:07:39.560]  We send a request letter to the company they signed for asking for evidence of power of attorney.
[01:07:40.560 --> 01:07:44.560]  And we're not getting it back.
[01:07:44.560 --> 01:07:48.560]  Yeah. You can't get what doesn't exist, Randy.
[01:07:49.560 --> 01:07:55.560]  So that gives us probable cause to believe that this person is an interloper.
[01:07:56.560 --> 01:07:56.560]  Yep.
[01:07:57.560 --> 01:07:59.560]  And then we go back and offer the contract.
[01:08:00.560 --> 01:08:03.560]  Mm-hmm. Here are my terms.
[01:08:04.560 --> 01:08:05.560]  Interesting. Okay.
[01:08:05.560 --> 01:08:14.560]  Yes. So, back to the beginning, decide who to name as defendant.
[01:08:15.560 --> 01:08:21.560]  She asks in C, says, who is on your paperwork?
[01:08:22.560 --> 01:08:27.560]  That's kind of nonsensical.
[01:08:27.560 --> 01:08:34.560]  No. Who signed the last documents that you received? Who's making the claim?
[01:08:35.560 --> 01:08:42.560]  Oh, I see. Okay. Yeah. Who signed your… Well, it says who is on your paperwork, what paperwork is exactly what that says.
[01:08:42.560 --> 01:08:58.560]  But yeah, I'd look to your deed of trust, your note, find out if MERS is on your deed of trust, find out who it is that's alleged to be the lender and who is claiming to be the lender now.
[01:08:59.560 --> 01:09:05.560]  Go to the county record and see if there's any assignments from the lender to whoever's coming after you now.
[01:09:06.560 --> 01:09:07.560]  They're supposed to do that.
[01:09:07.560 --> 01:09:14.560]  Anyway, to move along, who is in the public record? Yep, we just covered that.
[01:09:15.560 --> 01:09:23.560]  E, this is who you send the notice of intent to sue to. Not necessarily.
[01:09:24.560 --> 01:09:25.560]  Right.
[01:09:26.560 --> 01:09:27.560]  Not if you intend to sue the wrong party.
[01:09:27.560 --> 01:09:37.560]  Yeah. You don't always know. Whoever is in the court record may or may not have something to do with what's going on.
[01:09:38.560 --> 01:09:39.560]  Correct.
[01:09:40.560 --> 01:09:43.560]  Generally, everything should bleed out from the name on the document.
[01:09:44.560 --> 01:09:48.560]  That's why I suggest go straight for whoever is saying that they have a claim in this.
[01:09:49.560 --> 01:09:55.560]  If you got Bank of America saying we own this mortgage, then Bank of America is your target. Now prove they're lying.
[01:09:55.560 --> 01:10:04.560]  Steer clear of the big guys like Fannie Mae and Freddie Mac. Oh, no, no, no. Don't be scared.
[01:10:05.560 --> 01:10:11.560]  Unless it's Fannie. Okay. Here's a problem with Fannie and Freddie.
[01:10:12.560 --> 01:10:21.560]  Fannie and Freddie are both, they are similar, they are very similar, but they differ in one way.
[01:10:21.560 --> 01:10:34.560]  Fannie Mae is a quasi-pseudo, no, I'm sorry, Freddie Mac is a quasi-pseudo government sponsored entity.
[01:10:35.560 --> 01:10:42.560]  Okay. So Freddie Mac doesn't have to sign up with all 50 states, secretaries of state to do business in that state.
[01:10:43.560 --> 01:10:49.560]  However, Fannie Mae probably does because Fannie Mae is actually a private corporation.
[01:10:49.560 --> 01:11:10.560]  However, there has been United States Supreme Court decisions in, I believe, Lebron versus National Railroad where it was determined that they are both government or governmental entities or agencies.
[01:11:10.560 --> 01:11:23.560]  Now, the problem with Fannie and Freddie is they both like to claim that they are a government entity, but when they get into court, they want all the privileges of a private corporation.
[01:11:24.560 --> 01:11:29.560]  You can only wear one hat, folks. Only wear one hat.
[01:11:29.560 --> 01:11:41.560]  Yeah. And if you are a governmental entity and you are engaging in commerce, then you have no immunity from suit. You have no sovereign immunity.
[01:11:42.560 --> 01:11:54.560]  That's right. So if Fannie Mae or Freddie Mac is foreclosing on your property or trying to take your property away from you, do some research on Fannie and Freddie.
[01:11:54.560 --> 01:12:03.560]  They're not infallible. They may be big, but so is Bank of America, so is Chase, so is Wells Fargo.
[01:12:04.560 --> 01:12:11.560]  So what? The size of the giant doesn't matter. The point that the giant can be brought down in your specific case, that's what matters.
[01:12:12.560 --> 01:12:17.560]  So don't be afraid of Freddie and Fannie. They're just another name. Doesn't matter.
[01:12:17.560 --> 01:12:30.560]  Go for those out of business. Well, the original lender like WAMU, they no longer exist. Why would you want to go after them?
[01:12:31.560 --> 01:12:34.560]  Exactly. You'd have nobody to sue.
[01:12:34.560 --> 01:12:48.560]  There you go. They don't exist. There's no plaintiff or no defendant. I'm sorry. Investigate your defendant. Has your defendant filed any statement into any court that will assist you?
[01:12:49.560 --> 01:12:51.560]  Is there any case law to support you?
[01:12:52.560 --> 01:12:59.560]  Okay. Hold on. That first one's important. Think collateral estoppel.
[01:12:59.560 --> 01:13:08.560]  Okay. Let's go back over that first one again. Has your defendant filed any statement into any court that will assist you?
[01:13:08.560 --> 01:13:30.560]  I had one person that had a HSBC, one of the banks. One of the banks was sued by Bank of America. No, the Deutsche Bank. Deutsche Bank was sued by Bank of America over a bunch of loans.
[01:13:30.560 --> 01:13:42.560]  They went into court and said, we don't have anything to do with those loans. And then Deutsche Bank sued her for foreclosure on one of those very loans.
[01:13:43.560 --> 01:13:44.560]  Oh, no.
[01:13:45.560 --> 01:13:57.560]  So she went to the court and said, they're subject to collateral estoppel. They can't come into this court and say they have an interest in this loan when they went into that court and said they didn't have an interest in the loan.
[01:13:57.560 --> 01:14:07.560]  Exactly. Or if they come in and make an argument and are ruled against on that argument. They can't come back into another court and make the same argument.
[01:14:08.560 --> 01:14:09.560]  Right.
[01:14:10.560 --> 01:14:11.560]  So that's collateral estoppel.
[01:14:11.560 --> 01:14:28.560]  Good. Two, is there any case law to support you? And we just kind of went over that too. Anti-foreclosure network, join and use their site for reference. I don't know anything about anti-foreclosure network.
[01:14:29.560 --> 01:14:33.560]  I don't either. I think that's that guy she mentioned earlier.
[01:14:34.560 --> 01:14:36.560]  Yeah. You got to be careful who you take tips from.
[01:14:36.560 --> 01:14:41.560]  Yeah. And if it is, he has retired. John Stewart, he's retired.
[01:14:42.560 --> 01:14:43.560]  Okay. Okay.
[01:14:44.560 --> 01:14:54.560]  Seven, file your case. Proceed, process, serve the case and exhibits again.
[01:14:54.560 --> 01:15:06.560]  B, check if you need to post a public notice. I think she may have been better writing check to see if you need to post a public notice.
[01:15:07.560 --> 01:15:09.560]  And public notices never hurt.
[01:15:10.560 --> 01:15:12.560]  Manage your case. Okay. Stop.
[01:15:12.560 --> 01:15:28.560]  If you've got a used office supply somewhere around your neighborhood or somewhere around your town, go visit that thing and get one or two of the thickest three ring binders they have on their shelf.
[01:15:29.560 --> 01:15:34.560]  Get one that's in good shape because it's liable to not be by the time this is over with.
[01:15:34.560 --> 01:15:46.560]  But when you're dealing with foreclosure issues, paperwork stacks up faster than you can count the pages.
[01:15:46.560 --> 01:16:08.560]  Anytime, every time you get something from the other side, whether it's something filed into court, whether it's a correspondence, date it, make a carbon copy of it, get yourself some of these clear plastic sleeves to go in three ring binders.
[01:16:08.560 --> 01:16:19.560]  In the first sleeve, you're going to have a table of contents. You're going to put all of these documents in sections.
[01:16:20.560 --> 01:16:29.560]  You're closing documents. Correspondences to and from the alleged lender or whoever it is that's coming after the property.
[01:16:29.560 --> 01:16:42.560]  Your evidence, anything that they would have sent you, anything that if you've got analysis work done, that's evidence. I hear the music in the background, Randy.
[01:16:43.560 --> 01:16:52.560]  Okay. This is Randy Kelton, Deborah Stevens, Rule of Our Radio. Our call-in number is 512-646-1984.
[01:16:52.560 --> 01:16:59.560]  We will finish up quickly on the other side and then start taking calls in the next segment. We'll be right back.
[01:17:22.560 --> 01:17:46.560]  There's so much food. Ain't I a sight compared to what I used to be? Calcium, magnesium, selenium and zinc. Take a moment now and think. If you have a little drink, every day will bring the life that you've been looking for.
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[01:18:41.560 --> 01:18:53.560]  Call us at 512-646-6440 for more details. We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson. We're open Monday through Friday 10 to 6, Saturdays 10 to 2.
[01:18:53.560 --> 01:18:59.560]  Visit us at capitalcoinandbullion.com or call 512-646-6440.
[01:19:23.560 --> 01:19:33.560]  For more information, visit us at capitalcoinandbullion.com.
[01:19:53.560 --> 01:20:07.560]  If you were on the call board, we seem to be having an issue with it. It appears as though everybody got dumped. If you were online and trying to talk to us, call back in. We'll put you at the top of the line.
[01:20:08.560 --> 01:20:14.560]  We're almost ready to go to the phones anyway. This won't take much longer to get through.
[01:20:15.560 --> 01:20:18.560]  And it'll give time to get the call bridge stabilized.
[01:20:18.560 --> 01:20:33.560]  There you go. Okay. When we went to break, I was giving a good example of how to organize your case. It is going to be imperative for you to stay organized throughout this entire process.
[01:20:33.560 --> 01:20:49.560]  So in your big five to six inch thick three-ring binders, you're going to have different sections. You want your closing documents scanned. Never write on your originals. Scan them and write on the scanned copies.
[01:20:49.560 --> 01:21:05.560]  If you've got any analytical work done on your mortgage or on the securitization end, that's evidence. That will go in a different section. Also have a section for suits.
[01:21:05.560 --> 01:21:18.560]  You want a section for every court in your state from the JP court or your lowest court to the United States Supreme Court.
[01:21:18.560 --> 01:21:36.560]  And when I say that, I mean to tell you that you had better be prepared to go from one end to the other somewhere in the middle. As long as you don't give up and you're on point and you keep fighting, you got a better chance of winning this thing.
[01:21:36.560 --> 01:21:52.560]  Because I don't know how many cases I have seen personally that lose in the JP. They lose on the first appeal. They lose on the second. But by the time it gets to the state supreme court, that's a tough nut to crack.
[01:21:52.560 --> 01:22:07.560]  So my whole point is go to your used supply place and get some big five or six-inch thick three-ring binders in good shape and keep your records in order.
[01:22:07.560 --> 01:22:24.560]  This binder will go in with you into court. That way if you're arguing a point or you're introducing a point and you're asked a question or you need a document, you know exactly where to go to get that.
[01:22:25.560 --> 01:22:31.560]  You're not looking through a stack of stuff and you've got no idea where it is. Stay organized.
[01:22:31.560 --> 01:22:38.560]  Let me make a suggestion on how to save your files on your computer.
[01:22:39.560 --> 01:22:40.560]  Yes, imperative.
[01:22:40.560 --> 01:23:00.560]  The way I've been doing it is I named the file – since I have a bunch of people I'm working with, I started with their last name. If they're your files, you don't have to. And I got this from Dr. Bill Veith. He's a psychologist friend of mine.
[01:23:00.560 --> 01:23:15.560]  You name the file the year-month-day-space, whatever the file is. And when you drop those in a folder, they will automatically arrange themselves in order.
[01:23:16.560 --> 01:23:19.560]  I have found that to be of extreme value.
[01:23:19.560 --> 01:23:41.560]  I have people send me stacks of documents and I'll spend four or five hours sometimes getting those documents in a format where I can lay them all out. Preferably you want them all in the same format, like if they're in Word, all in Word, or PDF, all in PDFs.
[01:23:41.560 --> 01:23:56.560]  You open the folder. They're all right in line. I never have problems finding a document in the computer because I don't have to sort them. I don't have to dig through them. One look and you know exactly what's that.
[01:23:56.560 --> 01:24:10.560]  So year, month, day – you have to do it that way. If you put the date and the month first, it will screw you and shuffle them all up. So you have to do it backwards to get it to sort them out.
[01:24:10.560 --> 01:24:30.560]  I can see I put them in chronological order that way. That's excellent. Okay. Section 7D. Does your judge need to be recused? D1. Gather evidence from the public record. D2. File for judge's financial report at the courthouse. It should be on record.
[01:24:31.560 --> 01:24:35.560]  3. Is your lender theirs?
[01:24:35.560 --> 01:24:40.560]  Does he have a loan with the same company?
[01:24:40.560 --> 01:25:09.560]  Okay. Oh, I see. Yeah, the judge. Okay, I got you. And 4. Investigate the shareholder for rescission. And I'll add a caveat here in Texas. Now, I don't know what it would take in any other state, but here in Texas, if you're in the justice court, the JP court, in the state of Texas, all it takes to have a judge recused –
[01:25:10.560 --> 01:25:30.560]  this is – the judge has absolutely no discretion in this whatsoever. It takes your affidavit and the affidavit of two other residents of that precinct to state in the affidavits that they believe in their –
[01:25:30.560 --> 01:25:40.560]  they have reason to believe and therefore do believe that you will not receive a fair, impartial, or meaningful trial before that judge.
[01:25:40.560 --> 01:26:06.560]  You get those filed. As a matter of fact, you can actually take them in on the day of the hearing and hand them to that mean old dirty rotten scoundrel devil in a black robe, and he has no choice but to send this case to the nearest precinct. Period. End of story. Done.
[01:26:06.560 --> 01:26:15.560]  Oh, we could have a lot of fun with that one. Yes. I'll take a look over the break and see if I can find the statute.
[01:26:15.560 --> 01:26:43.560]  I will look to put a section in judicial conduct when I get the site up for affidavits of – what would it be, an affidavit of prejudice? I'll work out the affidavit so you can – if you have a judicial conduct complaint against him, you can also fill out this affidavit and put it in the record on the site so people can go to the site and download them.
[01:26:43.560 --> 01:27:03.560]  We could give them a fit. Yeah. Yeah. Okay. Yeah, I'll find that statute, but this brings us to Section 8, the final section. Additional cases may be needed for full cleanup of record.
[01:27:03.560 --> 01:27:19.560]  A. May take an additional case to get the settlement for your troubles. And that's right. Just because you get a judgment doesn't mean you get a check. Getting the judgment and collecting on it are two different things.
[01:27:19.560 --> 01:27:39.560]  B. May take some more filing or reverse, vacate judgment of a foreclosure by the wrong entity. C. Criminal charges may be in order. D. Need to clean up your credit files. D1. May need to file an FDCPA case.
[01:27:39.560 --> 01:28:02.560]  2. Can include credit file cleanup in a settlement agreement. And that's with the credit bureaus. And finally, 3. Need to know the penalties for misreporting. Absolutely. Anything that's done wrong, whether civil or criminal, there is a penalty to be paid.
[01:28:02.560 --> 01:28:08.560]  Yes, and you can extract that from the other side with a nice FDCPA suit.
[01:28:09.560 --> 01:28:18.560]  And man, it does look like we've stacked up some calls here over the last few minutes. Glad to see it's all straightened out. We've got a minute and 42 seconds to go to break.
[01:28:19.560 --> 01:28:23.560]  Okay, I'm going to start with Rosanna. She was on first and got dropped.
[01:28:24.560 --> 01:28:26.560]  I thought, who was on first?
[01:28:27.560 --> 01:28:28.560]  No, what was on second?
[01:28:29.560 --> 01:28:30.560]  Oh.
[01:28:30.560 --> 01:28:31.560]  Hello, Rosanna.
[01:28:33.560 --> 01:28:34.560]  Hi, Randy.
[01:28:35.560 --> 01:28:38.560]  Howdy. Did you send me that timeline?
[01:28:39.560 --> 01:28:56.560]  No, I haven't gotten to that, but I'm going to do that. A friend's going to send me one that she did, just as an example. I don't know how much out of all this that you want, but let me change phones here or take this out. But I'm going to send that to you, okay?
[01:28:57.560 --> 01:28:58.560]  Much better.
[01:28:58.560 --> 01:29:05.560]  Much, much better. Okay, yes, send that to me. Otherwise, especially when we have a complex case, we really get lost in it.
[01:29:06.560 --> 01:29:07.560]  Yeah, okay.
[01:29:08.560 --> 01:29:14.560]  If I might break in here, the timeline is relatively simple. It's just what happened when in chronological order.
[01:29:15.560 --> 01:29:16.560]  Yeah, right.
[01:29:16.560 --> 01:29:32.560]  Yeah, just run down through it and do the main topics, and then go down and start filling in little details. It won't take as long as you think, and it is an invaluable tool. It's more valuable for you than for me.
[01:29:32.560 --> 01:29:45.560]  Yeah. I'm not emotionally involved in the case, so I don't get jerked around from one emotional high point to the next to the next, and then lose important facts in between.
[01:29:46.560 --> 01:29:47.560]  Right.
[01:29:47.560 --> 01:30:12.560]  Okay, hang on. We'll pick you up on the other side. This is Randy Kelton, Deborah Stevens, Rule of Law Radio, here with our special guest, Steve Skidmore. We'll be right back on the other side.
[01:30:12.560 --> 01:30:19.560]  Thanks.
[01:30:42.560 --> 01:30:49.560]  Thank you, Steve.
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[01:33:55.560 --> 01:34:06.560]  Okay, we are back. Randy Kelton and Deborah Stevens here with Steve Skidmore, and we're talking to Rosanna in Ohio.
[01:34:07.560 --> 01:34:16.560]  Okay, what do you have for us? Since I don't have the timeline, I can't go into the whole case. Do you have something you want us to address?
[01:34:16.560 --> 01:34:27.560]  Yeah, I do. I do. First of all, I do have jurisdictionary, and I am one of the biggest researchers for opinions that I know, okay? I do a lot of research on cases when I'm doing things.
[01:34:28.560 --> 01:34:38.560]  And I did file a writ of mandamus. I've got five cases before the Supreme Court throughout all this. But the first one was a writ of mandamus for public record, and I did win that against a judge.
[01:34:38.560 --> 01:34:45.560]  That was the first time in the state that that happened. So that's a good case to use, too, by the way, if anybody would want to see that.
[01:34:46.560 --> 01:34:51.560]  Congratulations for setting the precedent. Can you email it to me?
[01:34:52.560 --> 01:35:02.560]  He had to pay the lawyer's fees, too, on that. That hit the news big here. That's why I lost everything after that. Everything went downhill for me after that.
[01:35:02.560 --> 01:35:09.560]  Well, that's not good. So you may be able to go after some more judges.
[01:35:10.560 --> 01:35:26.560]  Well, we'll get into that. But right now, I also want to tell you, you were talking about recusing. You know, last week I told you that I filed an affidavit of disqualification to the highest Supreme Court for this second judge who got moved in because I filed the writ of mandamus and won against the first one.
[01:35:26.560 --> 01:35:36.560]  Anyway, I filed an affidavit of disqualification on him just the 30th of May, and I got a letter from the Supreme Court this week.
[01:35:37.560 --> 01:35:54.560]  I think I sent that to you last week. I'm pretty sure I did, but when I reopened my motion for my first guardianship case, because I now know I have new evidence, that there was fraud in that first guardianship case.
[01:35:54.560 --> 01:36:01.560]  So I reopened it up. I put that in my AOD as an exhibit.
[01:36:02.560 --> 01:36:04.560]  AOD?
[01:36:05.560 --> 01:36:08.560]  We talked about this last week. My affidavit of disqualification.
[01:36:09.560 --> 01:36:11.560]  Okay. I hate acronyms.
[01:36:12.560 --> 01:36:13.560]  Oh. Okay.
[01:36:13.560 --> 01:36:26.560]  Here's the problem with an acronym. If somebody's reading your document and you have FDCPA in there, I see FDCPA and I never slow down.
[01:36:27.560 --> 01:36:40.560]  But if I've put it in a document someone else is reading, mentally when they see that, they have to stop and make sure that what they think they're seeing is what they're actually seeing.
[01:36:40.560 --> 01:36:53.560]  That it's not FDCAP or some minor change, and then they have to connect that to the Fair Debt Collections Practices Act, and then they move ahead.
[01:36:54.560 --> 01:37:00.560]  Well, that happens pretty quickly. However, the problem is, is they lose momentum.
[01:37:01.560 --> 01:37:04.560]  Yeah. But I'm not putting it in my motion. I just said that to you.
[01:37:04.560 --> 01:37:11.560]  I use a similar trick to generate short-term amnesia.
[01:37:12.560 --> 01:37:28.560]  What were we talking about? That's what it does. He loses – when someone's reading a complex argument and they stumble over something, they lose the complex argument. They've got to go back and redo it.
[01:37:29.560 --> 01:37:30.560]  Start from scratch, yeah.
[01:37:30.560 --> 01:37:42.560]  Pay close attention in your writing to anything that will generate a question in the mind of the reader that will act as an interrupt.
[01:37:43.560 --> 01:37:57.560]  You lose rapport when you do that. That's why I hate acronyms. If I write out, Fair Debt Collections Practices Act takes up a lot of space, but the reader will see it and recognize it like they recognize a Ford or a Chevy.
[01:37:57.560 --> 01:38:09.560]  They won't have to read it. They'll see it and know immediately what that is. So they don't have to interpolate an acronym, and they'll just jump right over it and keep going. It won't slow them down at all.
[01:38:10.560 --> 01:38:24.560]  So I almost never use them unless I've used the full name in a sentence and I do a reference to it again. The second time, I may use an acronym just to avoid redundancy.
[01:38:24.560 --> 01:38:26.560]  Yeah, hereafter after DCPA.
[01:38:27.560 --> 01:38:31.560]  Yeah, I know. I never do that. I never do hereafter acronym. Never.
[01:38:32.560 --> 01:38:36.560]  I didn't put it in my writing, in my pleading. I don't use it in there.
[01:38:37.560 --> 01:38:42.560]  Even if the judge knows what it is, he still has to make sure. Okay, okay. Go ahead.
[01:38:42.560 --> 01:38:57.560]  Okay, yeah. Anyway, because I want to get to this stuff. I just want to let you know about that other. So when I reopened my motion for my first guardianship case, I put that inside my affidavit of disqualification.
[01:38:57.560 --> 01:39:16.560]  And what I want to ask you about is if there is a criminal charge against you, you know, state of whatever versus so-and-so, if there's a criminal charge against you, can you counterclaim that with criminal charges for perjury, whatever they've done?
[01:39:16.560 --> 01:39:33.560]  Okay. Just because someone's filed a criminal charge against you does not in any way indemnify them from criminal accusations by you against them.
[01:39:33.560 --> 01:39:51.560]  Criminal is different than civil. Noticing the government that a penal law has been violated is a civil duty and it's often a statutory duty, especially if it's a felony.
[01:39:52.560 --> 01:39:57.560]  So nothing else can interfere with that.
[01:39:57.560 --> 01:40:09.560]  So, you know, if they made charges against you and they've shot somebody, you still have to make your accusation against them. You're not relieved of your duty.
[01:40:10.560 --> 01:40:13.560]  So no, that won't affect it at all.
[01:40:14.560 --> 01:40:16.560]  Can you counterclaim?
[01:40:17.560 --> 01:40:22.560]  You can't counterclaim in criminal. You don't have standing.
[01:40:22.560 --> 01:40:26.560]  Okay. People have done that. Never counterclaim.
[01:40:27.560 --> 01:40:32.560]  Each criminal accusation is a separate action.
[01:40:33.560 --> 01:40:43.560]  And the only place I know of where the filer has any standing concerning a prosecution is Pennsylvania.
[01:40:44.560 --> 01:40:48.560]  Some of the other common law states may have that. I just haven't dealt with them.
[01:40:48.560 --> 01:40:51.560]  But Ohio is not a common law state.
[01:40:52.560 --> 01:41:03.560]  You have a duty to file a criminal complaint, but you have no standing to prosecute or to make a claim criminally.
[01:41:04.560 --> 01:41:05.560]  That's why there's criminal prosecutors.
[01:41:06.560 --> 01:41:15.560]  Exactly. So if someone has filed a criminal complaint against you, you cannot counterclaim because the person did not do anything to you.
[01:41:15.560 --> 01:41:19.560]  Even if it's the state that has the claim?
[01:41:20.560 --> 01:41:22.560]  Yeah. Wait, say that again.
[01:41:23.560 --> 01:41:24.560]  Even if it's the state?
[01:41:25.560 --> 01:41:32.560]  The state has the claim. The state has the jurisdiction to address a criminal action.
[01:41:33.560 --> 01:41:38.560]  Now, I think we may be dealing here with definitions of terms.
[01:41:39.560 --> 01:41:40.560]  Okay.
[01:41:40.560 --> 01:41:50.560]  We have had people that they were charged with a criminal act and they file into the case a counterclaim.
[01:41:51.560 --> 01:41:58.560]  No, you can't file a claim in a criminal case. Only the state can file a claim in the criminal case.
[01:41:59.560 --> 01:42:03.560]  If you have a claim to file, you file that in a civil case.
[01:42:03.560 --> 01:42:13.560]  Or if you have reason to believe that a crime has been committed, then you prepare and file a criminal affidavit with some magistrate.
[01:42:14.560 --> 01:42:22.560]  It can be the magistrate with whom you're in court already, but that's generally a bad idea, especially if it's civil.
[01:42:23.560 --> 01:42:24.560]  It's a really bad idea.
[01:42:25.560 --> 01:42:30.560]  File it with some other magistrate because, under law, it has nothing to do with your case.
[01:42:30.560 --> 01:42:33.560]  It really does.
[01:42:34.560 --> 01:42:38.560]  No, no, you can't do that. No, it doesn't. It's criminal.
[01:42:39.560 --> 01:42:49.560]  Now, if they've committed, what will have to do with the case is the civil tort that results from the criminal act.
[01:42:49.560 --> 01:42:59.560]  If in committing the crime, they've harmed you, they've committed a civil tort, and that you can bring into the civil case.
[01:43:00.560 --> 01:43:04.560]  Okay. Does that make sense?
[01:43:05.560 --> 01:43:12.560]  Well, it's because they committed perjury when they were in trial.
[01:43:13.560 --> 01:43:14.560]  That's a separate issue.
[01:43:15.560 --> 01:43:16.560]  Okay.
[01:43:16.560 --> 01:43:20.560]  What you do is you file perjury charges against some criminal charges.
[01:43:21.560 --> 01:43:22.560]  Exactly.
[01:43:23.560 --> 01:43:25.560]  You make the filing, and then you go away from that.
[01:43:26.560 --> 01:43:38.560]  And then you come back and say, because they committed perjury, their perjury harmed me this way and denied me due process.
[01:43:39.560 --> 01:43:42.560]  And violation of due process is harm per se.
[01:43:42.560 --> 01:43:47.560]  Right. And you make a tort action claim against them.
[01:43:48.560 --> 01:43:52.560]  Hang on. Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:43:52.560 --> 01:44:11.560]  I call in number 512-646-1984. We'll be right back.
[01:44:23.560 --> 01:44:27.560]  There's no way a place like that exists.
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[01:44:47.560 --> 01:44:52.560]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
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[01:46:22.560 --> 01:46:46.560]  Okay, we are back with Randy Kelp and David Stevens from Rule of Law Radio. We're talking to Rosanna in Ohio.
[01:46:46.560 --> 01:46:57.560]  Okay, I want to make sure you're not losing any claims or any actions. This is just a matter of how we address them.
[01:46:58.560 --> 01:47:04.560]  I especially like it when they do criminal stuff because then I get two shots at them.
[01:47:04.560 --> 01:47:15.560]  Always be careful. When we file an action, we did one in Austin for one of the early ones we did.
[01:47:16.560 --> 01:47:31.560]  We made accusations of criminal behavior on part of the lender and the judge threatened the woman that if she didn't take every reference to criminal out of her suit, that he would file sanctions against her.
[01:47:31.560 --> 01:47:48.560]  So I went back and rewrote the suit and claimed they committed these criminal acts. I referenced everything in terms of civil torts resulting from criminal acts.
[01:47:49.560 --> 01:47:52.560]  Right, like fraud, you know.
[01:47:53.560 --> 01:47:57.560]  So she filed that one? Not a word from the jerk.
[01:47:57.560 --> 01:48:01.560]  Yeah.
[01:48:02.560 --> 01:48:13.560]  If you reference a criminal act, reference it in terms of evidence in support of the civil tort that you claim.
[01:48:13.560 --> 01:48:26.560]  You can't claim a civil tort unless you give facts to support it and your conclusion based on those facts that it's a violation of law and it harms you.
[01:48:27.560 --> 01:48:40.560]  So that way you get to go after them. When you go into court, the courts do not want you using criminal charges to gain leverage in a civil case.
[01:48:40.560 --> 01:48:43.560]  That's considered extortion.
[01:48:44.560 --> 01:48:53.560]  I was going to look that up. I'm not sure how that works quite, but it is a bad idea.
[01:48:54.560 --> 01:49:05.560]  So it is better. This is bushwhack. Bushwhack is great. You file the criminal charges against them and you go into the civil court and never say anything about it.
[01:49:05.560 --> 01:49:15.560]  And if the other side says one word about it in court, then you go file a tamper with a witness obstruction of justice against them.
[01:49:16.560 --> 01:49:25.560]  If they come to you and try to talk to you about it, tamper with a witness obstruction of justice, generally they won't say a word.
[01:49:26.560 --> 01:49:29.560]  They'll want to.
[01:49:29.560 --> 01:49:37.560]  But both. Yeah, but as long as you don't mention it, they can't mention it. It's like bar grievances. You don't mention it, they can't.
[01:49:38.560 --> 01:49:45.560]  Yeah, when I reopened my motion to reopen my first guardianship case, because I found these letters, they knew the inventory was wrong.
[01:49:46.560 --> 01:49:52.560]  Now I've got their signatures on this. This is huge. My documents they gave me is not my dad's signature. I've had document examiners.
[01:49:53.560 --> 01:49:55.560]  Okay, wait, wait. Don't go off on a tangent. Okay.
[01:49:55.560 --> 01:50:05.560]  But I'm just saying, I know those belong with the criminal statutes. So along with guardianship statutes that are non-criminal, of course, but there's still statutes they have to follow.
[01:50:06.560 --> 01:50:13.560]  I've got them all kind of all in here for, so it's got, and I got exhibits. I load mine down with exhibits.
[01:50:13.560 --> 01:50:26.560]  Okay, good, good. And so you can make the criminal accusation only in so much as it supports your claim of a civil tort.
[01:50:27.560 --> 01:50:32.560]  Okay, yeah. I think I did. I put an affidavit of facts. I wrote it as the motion with an affidavit of facts.
[01:50:33.560 --> 01:50:37.560]  That's not the same. That's not the same. You're not, you're not catching it.
[01:50:37.560 --> 01:50:51.560]  You know, in a civil action, it's similar to criminal in that if I am tried in a criminal case, they will accuse me of violating a statute.
[01:50:51.560 --> 01:51:11.560]  In a civil case, you can't just go in and say the dirty rotten scoundrel did this, he did that, he did the other. You have to go in and make your claim against the other side in terms of a defined cause of action or a defined civil tort.
[01:51:11.560 --> 01:51:32.560]  All civil cases ring in cause of action and tort. So if it's a crime committed against you, if it's something that's not related to contract, if somebody crashes into your car, that rings in tort.
[01:51:32.560 --> 01:51:44.560]  If somebody accidentally harms you, rings in tort. If somebody commits a crime against you, rings in tort. If you enter into a contract, then that rings in cause of action.
[01:51:45.560 --> 01:51:54.560]  So always your claim has to be made in terms of a defined civil tort. And what you claim has to be defined as a civil tort.
[01:51:54.560 --> 01:52:12.560]  You can't just claim that it is, so you have to do the homework on that. If you just say they did this, that, and the other, and you don't make the claim in terms of a tort or a cause of action, you'll get the motion to dismiss for failure to state a claim.
[01:52:13.560 --> 01:52:15.560]  Does that make sense?
[01:52:15.560 --> 01:52:31.560]  Well, I don't know how, no, no. This is probate now. And I'm reopening my first guardianship case because I found that there was fraud in that case.
[01:52:32.560 --> 01:52:40.560]  You're going around in circles on me. This is probate. Did you counter soothe him?
[01:52:41.560 --> 01:52:43.560]  You told her not to.
[01:52:43.560 --> 01:52:47.560]  No, no. Probate is not criminal.
[01:52:48.560 --> 01:52:49.560]  Okay.
[01:52:50.560 --> 01:53:01.560]  If you have a criminal case, you can't counter soothe. If you're in probate, if they've sued for probate and they've named you in the suit, no, I'm not familiar with how probate works.
[01:53:02.560 --> 01:53:11.560]  You may well have to sue them in a separate action and then move to join the separate action with the probate action.
[01:53:11.560 --> 01:53:23.560]  Well, this is what I wanted to ask you. Last night we were talking about, now that I've motioned to reopen my first guardianship, and I'm doing this for specifically, there was fraud in this first one.
[01:53:24.560 --> 01:53:31.560]  Okay. Okay. See, this is, I need a timeline. Are we talking about probate still?
[01:53:32.560 --> 01:53:39.560]  Yeah. And now this, this is separate than that criminal thing I asked you about when I first called, when I first started talking to you. Those are two separate things.
[01:53:39.560 --> 01:53:55.560]  This probate, I'm going, now that I've got it opened, reopened, I'm going to ask for a trial by jury in this. And I know that's unusual, but there's a quarter of a million dollars missing. That's well over $20 according to our Seventh Amendment. And I'm going to...
[01:53:56.560 --> 01:53:58.560]  Okay. Okay. Wait a minute. Wait a minute. Don't do that.
[01:53:59.560 --> 01:54:00.560]  Don't do that.
[01:54:00.560 --> 01:54:18.560]  You've got 10,000 details here. And you start running through all of those details, everybody's going to be totally lost. That's why I need a timeline because then I can stop. See, I don't know all these facts.
[01:54:18.560 --> 01:54:34.560]  So when you jump from one place to another, then I can go back to the timelines and reorient where we're at. Right now, you're moving from one factor, one emotional issue to the next, to the next, to the next, and I don't have a connection in between.
[01:54:34.560 --> 01:54:55.560]  Well, can you clear up then, just for now, just can you clear up this tort versus the criminal charges? Okay. I mean, is there, I mean, I know you get close, but is there like some kind of a chart where you've got your tort action, which is kind of really your criminal action. It's equal to...
[01:54:56.560 --> 01:55:01.560]  No, no, no. Tort is civil. Criminal is criminal. Tort is civil.
[01:55:01.560 --> 01:55:03.560]  I know that. But like-
[01:55:04.560 --> 01:55:21.560]  You don't have a criminal action. Only the state has a criminal action. You don't have anything to do with that part. All you do is give notice. And you give notice criminally by giving notice, you do no harm to anyone.
[01:55:21.560 --> 01:55:39.560]  You go to the court and say, I have reason to believe and do believe based on the following that this person committed this criminal act. And then the magistrate is to hold an examining trial and examine into the sufficiency of your allegation.
[01:55:39.560 --> 01:55:55.560]  If the magistrate does not find reasonable probable cause, he dismisses no harm, no foul. If the magistrate finds probable cause, the magistrate issues an action, not you.
[01:55:56.560 --> 01:56:06.560]  You have no power to issue an action. That's why when you file a civil action, you're immune from civil litigation. You can't be sued for it.
[01:56:06.560 --> 01:56:24.560]  But you can be sued for it. Okay, I'm sorry. Let me back up. You can't sue the other side if in the process of making a criminal accusation, they committed perjury.
[01:56:24.560 --> 01:56:42.560]  Cannot sue them. And that is a protection written into the law so that if you have reason to believe someone has committed a crime, you can go report that crime with no worry about being sued.
[01:56:43.560 --> 01:56:45.560]  And report it where, Sandy?
[01:56:46.560 --> 01:56:47.560]  Pardon me?
[01:56:48.560 --> 01:56:49.560]  Report it to the prosecutor?
[01:56:49.560 --> 01:57:03.560]  Yes, you can report the criminal. But when someone files a criminal complaint, they have the exact same protection from lawsuits that a judge does.
[01:57:04.560 --> 01:57:05.560]  Okay.
[01:57:06.560 --> 01:57:14.560]  Absolutely cannot be sued because if you could be, the other side would say, well, they said this about me and that's not true.
[01:57:14.560 --> 01:57:23.560]  And the other guy says, well, yeah, it is true. And then he sues them. So nobody would go to court and testify because they'd be sued for everything they say.
[01:57:24.560 --> 01:57:30.560]  So if you're testifying on the stand, you absolutely cannot be sued for your testimony.
[01:57:30.560 --> 01:57:43.560]  If you file a criminal accusation, you absolutely cannot be sued for your testimony either before the court or in a criminal affidavit.
[01:57:44.560 --> 01:57:47.560]  You can certainly be prosecuted, but you can't be sued.
[01:57:47.560 --> 01:57:59.560]  Okay, so go get the criminal forms filled out with whatever on there, you know, whatever the action is. Get those filed with the prosecutor.
[01:58:00.560 --> 01:58:03.560]  And start running the routine we talked about last night on.
[01:58:04.560 --> 01:58:09.560]  Right, right. But now this prosecutor is a part of all this, so, I mean, he's-
[01:58:10.560 --> 01:58:11.560]  That's great. That's even better.
[01:58:12.560 --> 01:58:13.560]  Okay.
[01:58:13.560 --> 01:58:21.560]  If he doesn't appoint an attorney pro tem, then you charge him for not recusing himself when he had a duty to.
[01:58:22.560 --> 01:58:23.560]  Okay.
[01:58:24.560 --> 01:58:32.560]  Okay, now wait a minute. We have a stack of callers. I don't want to go through more of your case until I have a timeline. It's way too confusing.
[01:58:33.560 --> 01:58:34.560]  Okay.
[01:58:34.560 --> 01:58:36.560]  Yours is way too complex. Give me a timeline and then we'll talk.
[01:58:37.560 --> 01:58:39.560]  Okay. All right. Thank you.
[01:58:39.560 --> 01:58:49.560]  Okay, thank you. Okay, this is Randy Kelton, Deborah Stevens, Rule of Law Radio. We'll be right back on the other side. Give us a call, 512-646.
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