ROL_2013-07-12_16k_Hr1-2.timecode
[00:00.000 --> 00:09.920] You're listening to the Liberty Beat, your daily source for Liberty news and activist
[00:09.920 --> 00:15.880] updates, online at TheLibertyBeat.com.
[00:15.880 --> 00:20.320] John Bush here with your Liberty Beat for July 11, 2013.
[00:20.320 --> 00:28.500] Gold opened today at $1,288, silver at $20.12, and bitcoin is trading at $86.
[00:28.500 --> 00:32.440] Your source for the Liberty Beat comes from Brave New Books, your Central Texas supplier
[00:32.440 --> 00:41.120] of One World Way and Tangy Tangerine, in Austin at 1904 Guadalupe Street, or online at BraveNewBookstore.com.
[00:41.120 --> 00:42.960] And now the news.
[00:42.960 --> 00:46.600] Here's an update on the arrest of Liberty activist Adam Kokesh.
[00:46.600 --> 00:51.680] It was reported yesterday that Adam is being charged with possession of marijuana and mushrooms,
[00:51.680 --> 00:55.640] along with having a loaded gun while in possession of the illegal drugs.
[00:55.640 --> 00:59.880] It can be speculated that the drugs were found in the safe police spent hours trying to open
[00:59.880 --> 01:03.280] during the Tuesday night raid on Kokesh's residence.
[01:03.280 --> 01:07.960] NBC reported yesterday that Adam was refusing to come out of his cell and not participating
[01:07.960 --> 01:10.320] with his captors in any way.
[01:10.320 --> 01:15.560] Today it was posted on Adam Kokesh's Facebook fan page that Adam was brought into the courtroom
[01:15.560 --> 01:19.760] in a wheelchair and refused to speak to anyone in the court.
[01:19.760 --> 01:24.320] Free Adam protests have been organized and are currently taking place outside of Fairfax
[01:24.320 --> 01:25.720] County Courthouse.
[01:25.720 --> 01:34.520] The Liberty Beat will keep you up to date as this story unfolds.
[01:34.520 --> 01:40.120] On Tuesday the Brazilian newspaper O Globo revealed that NSA spying programs recently
[01:40.120 --> 01:45.040] unveiled by Edward Snowden did not stop with spying on American citizens' communication,
[01:45.040 --> 01:50.680] but also included the monitoring of Colombia, Venezuela, Brazil, and Mexico.
[01:50.680 --> 01:55.040] Colombia's foreign ministry expressed concern that its American ally had been spying on
[01:55.040 --> 01:57.960] Internet communications and called for an explanation.
[01:57.960 --> 02:01.820] The newspaper said the programs went beyond looking into military affairs and peered into
[02:01.820 --> 02:06.880] the Andean nation's commercial secrets, including oil and energy.
[02:06.880 --> 02:10.400] This announcement comes on the heels of discoveries that French and British government agencies
[02:10.400 --> 02:18.200] were also spying on their citizens' communication.
[02:18.200 --> 02:22.640] Peter Son, best known as the founder of the Pirate Bay, is now working on a new tool designed
[02:22.640 --> 02:26.280] to help privacy-concern Internet users protect their information.
[02:26.280 --> 02:31.920] The app is known as Hemel.is, which means secret in Swedish.
[02:31.920 --> 02:36.880] It is designed to be a spy-proof messaging service for both iOS and Android that will
[02:36.880 --> 02:40.780] use end-to-end encryption with a user-friendly interface.
[02:40.780 --> 02:44.760] All messages will be encrypted so no one except the sender and recipient will be able to read
[02:44.760 --> 02:46.160] their contents.
[02:46.160 --> 02:53.320] Sunday has started his goal to have encryption for all sorts of communications methods.
[02:53.320 --> 03:20.320] Support comes from Bieler Education, providing admissions advice and homeschooling consulting
[03:20.320 --> 03:23.680] systems.
[03:23.680 --> 03:31.680] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:31.680 --> 03:37.680] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:37.680 --> 03:42.680] When you were eight and you had bad traits You'd go to school and learn the golden rules
[03:42.680 --> 03:48.680] So why are you acting like a bloody fool? If you get hot then you must get cool
[03:48.680 --> 03:52.680] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:52.680 --> 03:59.680] Okay, this is Rule of Law Radio, Randy Kelton, Deborah Stevens
[03:59.680 --> 04:05.680] Except Deborah Stevens won't be here tonight unless she decides to jump in
[04:05.680 --> 04:11.680] This is our Friday, July the 12th
[04:11.680 --> 04:15.680] We're over halfway through the year already
[04:15.680 --> 04:20.680] My my, how quickly they tend to go when you're having fun
[04:20.680 --> 04:24.680] And this is going to be our four hour info marathon
[04:24.680 --> 04:26.680] We'll have phones open all night
[04:26.680 --> 04:32.680] We'll be taking your questions on any topic except my age
[04:32.680 --> 04:35.680] That one is absolutely off limits
[04:35.680 --> 04:40.680] I just had a birth recently and I'm still in mourning
[04:40.680 --> 04:44.680] So I wanted to start off
[04:44.680 --> 04:51.680] We have Larry from the show before who will be coming on shortly
[04:51.680 --> 04:59.680] to give you his rendition of his fun and games with the clerk
[04:59.680 --> 05:03.680] refusing to file documents in the county record
[05:03.680 --> 05:07.680] and the foreclosure sale
[05:07.680 --> 05:15.680] and hoping to have someone else come on who just had a pretty good experience yesterday
[05:15.680 --> 05:17.680] before the courts
[05:17.680 --> 05:24.680] We actually had two people yesterday that got positive results in the court
[05:24.680 --> 05:37.680] And this is the one yesterday surprised me, it was a appeal of an eviction hearing
[05:37.680 --> 05:45.680] And the people went in pro se and got it in continuance
[05:45.680 --> 05:48.680] And they were asking for a plea of abatement
[05:48.680 --> 05:52.680] The court was willing to grant the plea of abatement
[05:52.680 --> 05:58.680] But since he granted the continuance then it wasn't necessary to rule on the other motion
[05:58.680 --> 06:01.680] But he granted them a 30 day continuance
[06:01.680 --> 06:09.680] And you know usually when a pro se goes in on these the courts just blow them off out of hand
[06:09.680 --> 06:18.680] When we started working with the foreclosure issues about five years ago
[06:18.680 --> 06:23.680] The courts ruled against us out of hand in return no matter what we filed
[06:23.680 --> 06:34.680] And we predicted at the time within three or four years this foreclosure process is going to bottom out
[06:34.680 --> 06:36.680] And it pretty well has
[06:36.680 --> 06:41.680] It's not getting worse, it's not getting better yet but it's not getting worse
[06:41.680 --> 06:46.680] So it's kind of at the bottom, it's above the bell curve
[06:46.680 --> 06:53.680] And if you look back all through history you will see that economic wise
[06:53.680 --> 06:59.680] Things tend to move in a bell curve and tend to move in about a 50 year cycle
[06:59.680 --> 07:02.680] It's just how things work that way
[07:02.680 --> 07:10.680] But we are at the bottom of a bell curve in the real estate market, real estate industry
[07:10.680 --> 07:18.680] And because these cases have been coming up over and over with all of the news out
[07:18.680 --> 07:27.680] Judges simply can't ignore the fact that the banks have pulled some serious shenanigans
[07:27.680 --> 07:39.680] And at least the local judges seem to be realizing that when a pro se comes before them
[07:39.680 --> 07:49.680] And right now based on an article in the American Texas Bar Association magazine
[07:49.680 --> 07:55.680] Approximately 20% of all cases in Texas are now pro se cases
[07:55.680 --> 08:05.680] And that article was about how the legal community had deteriorated to the point that the people simply did not trust lawyers anymore
[08:05.680 --> 08:09.680] They felt they could get better justice without a lawyer
[08:09.680 --> 08:16.680] And that is a sad state of affairs but it's unfortunately accurate
[08:16.680 --> 08:24.680] So it may well be that the judges are getting more and more pro ses
[08:24.680 --> 08:30.680] And they're seeing these same issues come up over and over, they're getting more familiar with them
[08:30.680 --> 08:38.680] And one thing you can be sure of, when someone comes before a judge and a judge throws them out of their house
[08:38.680 --> 08:44.680] Right, wrong or what have you, that judge can count 15 votes
[08:44.680 --> 08:52.680] And when judges are winning their seats by 3, 4, 500, 1,000 votes, it doesn't take long
[08:52.680 --> 09:01.680] The problem with 15 votes is this is this person and this person's sphere of influence
[09:01.680 --> 09:07.680] If 15 votes taken away from the judge, is 15 votes going to somebody else
[09:07.680 --> 09:17.680] So I'm getting the impression that the judges are beginning to see a problem coming at them when it comes time for reelection
[09:17.680 --> 09:23.680] So they tend to be or they appear to be really more in our favor
[09:23.680 --> 09:36.680] So the banks are getting less and less cushy treatment from the judges so now's the time to go for the throat
[09:36.680 --> 09:44.680] If you have a mortgage, well actually this is more than mortgage
[09:44.680 --> 09:51.680] It seems as though the courts are getting somewhat more sensitive, at least the higher ones
[09:51.680 --> 09:56.680] The municipal courts are getting worse because their budgets are getting shorter
[09:56.680 --> 10:01.680] And traffic tickets is a form of an unauthorized tax
[10:01.680 --> 10:10.680] They apply the commercial traffic code to non-commercial drivers and make an awful lot of money so they don't care what the law says
[10:10.680 --> 10:20.680] But the elected judges, the higher level judges seem to be getting a lot more sensitive to the pro se in general
[10:20.680 --> 10:24.680] So that tells me we're having an effect
[10:24.680 --> 10:35.680] And if we get Larry on and Johnny on and maybe if Debbie Clark's listening maybe she'll call in
[10:35.680 --> 10:41.680] We're actually getting good rulings in our favor more and more
[10:41.680 --> 10:54.680] And getting more indication that these people who have been just blowing off and disregarding the pro se is beginning to pay a little bit more attention
[10:54.680 --> 10:58.680] Okay, we have Rob from New Mexico
[10:58.680 --> 11:04.680] And if he hasn't breathed too many of those diesel fumes, those trucks he's been driving
[11:04.680 --> 11:06.680] He may actually have a question for us
[11:06.680 --> 11:08.680] Hello, Rob, what do you have for us today?
[11:08.680 --> 11:11.680] Randy, I've got way too many diesel fumes
[11:11.680 --> 11:15.680] After 22 years I finally signed a lease to be an owner-operator
[11:15.680 --> 11:22.680] Oh, now you must have, you're experiencing suffering from deadheading
[11:22.680 --> 11:28.680] Well, after that last one with the guy, you know, owing me $2,800 and wanting me to run illegal
[11:28.680 --> 11:32.680] I decided I wasn't going to play that game anymore
[11:32.680 --> 11:34.680] Okay, send me an email
[11:34.680 --> 11:40.680] I have a friend who may need a driver, a really good run up in Colorado
[11:40.680 --> 11:44.680] Okay, well I will send you an email about that as soon as I can get online
[11:44.680 --> 11:46.680] I've got some great news
[11:46.680 --> 11:48.680] I don't think I got a chance to talk to you about this
[11:48.680 --> 11:50.680] I talked to Eddie about it
[11:50.680 --> 11:53.680] I know I gave you a little bit about it before
[11:53.680 --> 12:01.680] But you remember we were being harassed by animal control and the crazy neighbor about the goats and offenses
[12:01.680 --> 12:03.680] The great goat fiasco
[12:03.680 --> 12:12.680] Yes, well, they finally answered my prayer and instead of harassing my wife incessantly, they came after me
[12:12.680 --> 12:17.680] They filed a complaint against me and the magistrate court for animals roaming at large
[12:17.680 --> 12:22.680] And as I said, this is a fence-out state
[12:22.680 --> 12:29.680] And just last year in our fence-out state, the state supreme court ruled on a case in a neighboring county
[12:29.680 --> 12:33.680] Saying that we don't care if you have a fence-out ordinance in your county
[12:33.680 --> 12:38.680] It's a fence-out state and you can't enforce an ordinance that violates state law
[12:38.680 --> 12:44.680] And so I filed a challenge of subject matter jurisdiction and motion to dismiss
[12:44.680 --> 12:47.680] And I had to go out on the road
[12:47.680 --> 12:52.680] I had a hearing coming up and I was hoping they were going to give me a failure to appear
[12:52.680 --> 12:57.680] So that I could just hammer them for not responding to the challenge of jurisdiction
[12:57.680 --> 13:02.680] Instead, they withdrew the complaint and dismissed the case
[13:02.680 --> 13:04.680] Oh, bummer!
[13:04.680 --> 13:07.680] I know, I'm really disappointed
[13:07.680 --> 13:09.680] That was all your fun
[13:09.680 --> 13:12.680] So, I mean, do I have anything I can...
[13:12.680 --> 13:17.680] I mean, I know I can go after the two deputies to file the complaint for filing a false complaint
[13:17.680 --> 13:20.680] But is there anything else I can do to them?
[13:20.680 --> 13:24.680] Well, you can sue them for due process violation
[13:24.680 --> 13:26.680] Okay, good deal
[13:26.680 --> 13:31.680] Okay, a breach of due process is harm per se
[13:31.680 --> 13:35.680] In that you don't have to show actual harm
[13:35.680 --> 13:37.680] And that's the nature of due process
[13:37.680 --> 13:41.680] If somebody denies you in a right, how are you harmed?
[13:41.680 --> 13:43.680] How do you articulate how you're harmed?
[13:43.680 --> 13:51.680] So the courts have called that harm per se, so you don't have to show harm
[13:51.680 --> 14:00.680] And it's probably a really good idea to go after them for tampering with a government document
[14:00.680 --> 14:06.680] Malicious prosecution, I don't know if you have it in taxes
[14:06.680 --> 14:11.680] But securing and executing a document by deception, tampering with a government document
[14:11.680 --> 14:14.680] It's just a whole raft of things
[14:14.680 --> 14:17.680] Did they actually talk to you?
[14:17.680 --> 14:23.680] Well, one of them did, the one that filed the complaint, I had never spoken to before
[14:23.680 --> 14:25.680] He had spoken to my wife
[14:25.680 --> 14:32.680] But he filed a complaint based on a report that another deputy, after he talked to me
[14:32.680 --> 14:36.680] When he talked to your wife, was he wearing a pistol?
[14:36.680 --> 14:38.680] Oh, yeah
[14:38.680 --> 14:40.680] Oh, that should get...
[14:40.680 --> 14:46.680] You know, it's not that you want the officer prosecuted
[14:46.680 --> 14:48.680] Yeah, I do
[14:48.680 --> 14:53.680] Well, you're not supposed to say that
[14:53.680 --> 14:57.680] You're supposed to say, I'm being a good steward
[14:57.680 --> 15:00.680] And I just want to make him a better officer
[15:00.680 --> 15:06.680] If he happens to get prosecuted, well, life is tough
[15:06.680 --> 15:10.680] But my purpose is not meanness, spite or vengeance
[15:10.680 --> 15:14.680] I'm just doing my job
[15:14.680 --> 15:21.680] And in doing your job, you throw everything but the kitchen sink at them
[15:21.680 --> 15:28.680] They need to run the risk of these accusations
[15:28.680 --> 15:31.680] You got your case thrown out
[15:31.680 --> 15:35.680] Now, if you push to have the officer arrested
[15:35.680 --> 15:41.680] I can tell you from knowing these officers, they are terrified of the courts
[15:41.680 --> 15:46.680] This really frightens them when you start going after them
[15:46.680 --> 15:48.680] Well, I think...
[15:48.680 --> 15:50.680] Go ahead
[15:50.680 --> 15:53.680] This is how we're going to make good policemen
[15:53.680 --> 15:57.680] If this guy happens to get shafted big time
[15:57.680 --> 16:02.680] The next guy that comes along, he's not going to want to be like this clown
[16:02.680 --> 16:05.680] Well, I do get to run the routine on them
[16:05.680 --> 16:11.680] Because what got it, I think, withdrawn and thrown out was not the ruling in the state supreme court
[16:11.680 --> 16:18.680] It was the information request that I put into the county dispatch and the county sheriff's department
[16:18.680 --> 16:23.680] Asking for all the records of where they had been and when and all the communications
[16:23.680 --> 16:26.680] And asking for his disciplinary history
[16:26.680 --> 16:30.680] Because the deputy that filed the complaint against me
[16:30.680 --> 16:38.680] Got busted a few years ago for filing a false request or false statement to get a warrant
[16:38.680 --> 16:40.680] Wonderful
[16:40.680 --> 16:42.680] Yeah
[16:42.680 --> 16:46.680] So you've got your opponent back on the ropes with his legs paddled out
[16:46.680 --> 16:48.680] He's just barely holding up
[16:48.680 --> 16:50.680] It's time to give him a good swift kick
[16:50.680 --> 16:55.680] Hang on, this is Randy Kelton, David Stevens, Rule of Law Radio, our call-in number
[16:55.680 --> 17:00.680] 512-646-1984
[17:25.680 --> 17:29.680] Come on, I know for sure
[17:29.680 --> 17:34.680] So come on, neutrify me
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[19:27.680 --> 19:42.680] Okay, we are back. Randy Kelton, David Stevens, Rule Of Law Radio and we're talking to Rob in New Mexico
[19:42.680 --> 19:47.680] Okay, so you beat that one
[19:47.680 --> 19:51.680] Yeah, but they dismissed it without prejudice
[19:51.680 --> 20:00.680] That doesn't matter. They can't bring it back unless they have new evidence
[20:00.680 --> 20:04.680] Well, I hope they get new evidence and bring it back because it's a dang fence out of state
[20:04.680 --> 20:09.680] I could tear down my fences and let my goats run free and there's not dang things I can do about it
[20:09.680 --> 20:16.680] Well, go take your goats and drop them off in the manor's front yard
[20:16.680 --> 20:22.680] Especially if you have a really old nasty smelling billy goat
[20:22.680 --> 20:29.680] Well, I'm thinking, you know, in his complaint he says that he drove up the road and the goats were out
[20:29.680 --> 20:35.680] And he honked his horn and three of them ran under the fence and then he chased the other ones and they jumped over the fence
[20:35.680 --> 20:40.680] And we have a statute against harassing and tormenting animals
[20:40.680 --> 20:47.680] That's what I was going to say. You're chasing my goats. You're clever with your milk
[20:47.680 --> 20:54.680] There's no way out of it because he already swore under penalty of perjury that he did it
[20:54.680 --> 20:57.680] So you might try filing that against him
[20:57.680 --> 21:03.680] Yeah, well that comes to my next subject, to my Bank of America suit
[21:03.680 --> 21:10.680] You know, this goes kind of contrary to what you were just saying about the judges
[21:10.680 --> 21:21.680] The honorable Judge Lorenzo F. Garcia in the District of New Mexico does not fall into the classification you previously mentioned
[21:21.680 --> 21:27.680] He is doing everything he can to try and railroad me and denying everything I put before the court
[21:27.680 --> 21:34.680] Lying about what I say in my filings, lying about what the defendants say in their filings
[21:34.680 --> 21:47.680] But I've got the lawyer for Bank of America swearing under penalty of perjury that my mortgage was assigned to Bank of America on July 28, 2009
[21:47.680 --> 22:00.680] I've got the fraud closure attorney Susan C. Little swearing under penalty of perjury that I defaulted on my mortgage in January of 2009
[22:00.680 --> 22:08.680] Well, if it was designed six months after it was defaulted on, that would make Bank of America a debt collector, wouldn't it?
[22:08.680 --> 22:13.680] I swear I read it
[22:13.680 --> 22:21.680] So I'm doing the best I can with that one, I filed your petition to reconsider that you sent me
[22:21.680 --> 22:26.680] Yes, did you file a judicial conduct complaint against the judge?
[22:26.680 --> 22:33.680] I'm working on that, I've actually got several, I think I've got too many irons in the fire right now
[22:33.680 --> 22:42.680] Because with the county thing and Bank of America and trying to help Kay and being over the road, it's a little bit overwhelming
[22:42.680 --> 22:47.680] I understand, you can get a lot of work really fast
[22:47.680 --> 22:57.680] Yeah, so I've got the form for the 10th judicial district judicial conduct complaint
[22:57.680 --> 23:02.680] I also found a form for a federal judicial conduct complaint, so I'm going to file that too
[23:02.680 --> 23:11.680] And I also found some stuff for tort claims against federal employees, so I think I'm going to file that against them
[23:11.680 --> 23:21.680] One of the questions I had for you was, since he is a federal judge, would the New Mexico statute,
[23:21.680 --> 23:31.680] well basically the Governmental Conduct Act that makes any public servant who violates the code of conduct associated with their office
[23:31.680 --> 23:38.680] guilty of a misdemeanor, would that apply to a federal employee within the state of New Mexico?
[23:38.680 --> 23:41.680] Absolutely
[23:41.680 --> 23:44.680] Ah cool, cool, okay, well I'm going after you
[23:44.680 --> 23:56.680] The only time it wouldn't is if the federal employee formed the act while on property that has been ceded to the federal government
[23:56.680 --> 23:58.680] Right
[23:58.680 --> 24:04.680] If somebody goes in the federal courthouse and shoots another person, that's prosecuted locally
[24:04.680 --> 24:10.680] because that's a state common law crime, unless he shoots a judge, in which case it's not a federal crime
[24:10.680 --> 24:15.680] But if he shoots a bailiff, that's a state common law crime
[24:15.680 --> 24:21.680] If he commits any other crime in the courthouse, that's state, it's not fed
[24:21.680 --> 24:33.680] And that includes the judge or a public official, even if the official purports to be acting under, in the capacity of a federal official
[24:33.680 --> 24:42.680] then the complaints you'll be filing will be alleging that they acted under color of official authority, not under sanction
[24:42.680 --> 24:51.680] Color meaning pretense, that means they don't have the federal cover, and you get to take them to the state court
[24:51.680 --> 24:55.680] And that will get them real excited
[24:55.680 --> 25:03.680] And if he's ignoring the federal rules of evidence, that goes to a ministerial duty, doesn't it?
[25:03.680 --> 25:05.680] Yes it does
[25:05.680 --> 25:13.680] He has a ministerial duty to determine the facts in accordance with the rules of evidence and apply the law as it comes to him to the facts in the case
[25:13.680 --> 25:16.680] And that goes to due process
[25:16.680 --> 25:19.680] Not cool
[25:19.680 --> 25:26.680] You start dancing with the locals on the federal judge, everybody's going to get real excited
[25:26.680 --> 25:28.680] They're going to shoot me
[25:28.680 --> 25:33.680] Oh no they won't, they won't want anything to do with you
[25:33.680 --> 25:39.680] They won't want to be anywhere around these officials, they won't want to talk to you, they won't want to see you
[25:39.680 --> 25:45.680] Because if you'll go after a federal judge, they are nothing but cannon fodder
[25:45.680 --> 25:53.680] Well I've already got the sheriff won't call me back, that's kind of bugging me
[25:53.680 --> 25:57.680] Don't be surprised about that
[25:57.680 --> 26:05.680] I've called him four or five times and he won't return my calls, I even invited him over for supper, he's got no response
[26:05.680 --> 26:18.680] I don't know, I thought we had a good sheriff, he was elected sheriff of the year by all 32 counties in New Mexico because of his stand on the second amendment
[26:18.680 --> 26:29.680] Well that's interesting, he's probably not calling you back because he's been advised that they're looking at the likelihood of mitigation from you
[26:29.680 --> 26:38.680] Yeah and that's something that bothers me about it because I really don't want to involve him because he is doing a really good job
[26:38.680 --> 26:48.680] Some of his deputies need to be sent by the wayside but as far as being a sheriff he is a darn good one
[26:48.680 --> 26:53.680] Then you might still clear of him and give him plausible deniability
[26:53.680 --> 27:08.680] If you give him an opportunity, if it looks like his deputies behavior is going to look bad on him, then he may collaborate with the deputy good
[27:08.680 --> 27:22.680] Okay you said he was elected as, who awarded him this for his stand on the second amendment, that kind of caught my attention
[27:22.680 --> 27:32.680] Well it was the New Mexico Sheriffs Association but he's also been quoted on the Oatkeeper site or the Sheriff's Project site
[27:32.680 --> 27:40.680] Wait a minute, you're saying that the Sheriffs Association honored him for taking a stand on second amendment?
[27:40.680 --> 27:49.680] Yeah, it was almost unanimous, there were two or three sheriffs that did not vote but nobody opposed it
[27:49.680 --> 27:55.680] That is an incredible statement coming from a whole state
[27:55.680 --> 28:02.680] That is something that Obama administration should pay real close attention to
[28:02.680 --> 28:08.680] New Mexico is the only state that's a real open carry state, I mean they actually honor it
[28:08.680 --> 28:10.680] Actually Michigan is
[28:10.680 --> 28:11.680] Is it?
[28:11.680 --> 28:16.680] Yeah, I wouldn't have thought it but Michigan is open carry
[28:16.680 --> 28:21.680] I would like to see taxes back to open carry
[28:21.680 --> 28:23.680] Yeah
[28:23.680 --> 28:29.680] The only thing that renders guns safe is when everybody's got one
[28:29.680 --> 28:31.680] Yeah
[28:31.680 --> 28:42.680] Then they don't give you any advantage but that is really good to hear that the sheriff on the whole are behind the second amendment
[28:42.680 --> 28:52.680] Most of the honest police officers that I've known, the ones that weren't psychopaths
[28:52.680 --> 29:02.680] Like the idea of weapons, I had one tell me, if I get in a shootout, almost always I'll be outgunned
[29:02.680 --> 29:07.680] I want my neighbors to be armed because most of them will be on my side
[29:07.680 --> 29:20.680] I think the only sheriffs that didn't support him were the Santa Fe sheriff and the Bernalillo sheriff which is Albuquerque
[29:20.680 --> 29:29.680] Did that go away?
[29:29.680 --> 29:39.680] He may have just been a fluke of technology, this is Larry Wiest here
[29:39.680 --> 29:44.680] He'll be right back here in just a minute, he may have just lost it there for a second
[29:44.680 --> 29:51.680] But we're going to a break so give him a few seconds, he'll be back on the other side of the break everybody
[29:51.680 --> 30:00.680] Calling number 512-646-1984, give Randy a call
[30:00.680 --> 30:04.680] The Bill of Rights contains the first ten amendments of our Constitution
[30:04.680 --> 30:07.680] They guarantee the specific freedoms Americans should know and protect
[30:07.680 --> 30:09.680] Our liberty depends on it
[30:09.680 --> 30:15.680] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights
[30:15.680 --> 30:17.680] Privacy is under attack
[30:17.680 --> 30:21.680] When you give up data about yourself, you'll never get it back again
[30:21.680 --> 30:25.680] And once your privacy is gone, you'll find your freedoms will start to vanish too
[30:25.680 --> 30:31.680] So protect your rights, say no to surveillance and keep your information to yourself
[30:31.680 --> 30:33.680] Privacy, it's worth hanging on to
[30:33.680 --> 30:37.680] This public service announcement is brought to you by Startpage.com
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[30:45.680 --> 30:51.680] When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill of Rights in a big old bear hug
[30:51.680 --> 30:55.680] It's how I remember that the Second Amendment guarantees us the right to bear arms
[30:55.680 --> 30:59.680] Arms that embrace our freedoms and won't let anyone take them away without a fight
[30:59.680 --> 31:03.680] Get it? Two arms, bear hug, bear arms?
[31:03.680 --> 31:07.680] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well when he said
[31:07.680 --> 31:12.680] The right of the citizens to bear arms is just one guarantee against arbitrary government
[31:12.680 --> 31:16.680] One more safeguard against the tyranny which now appears remote in America
[31:16.680 --> 31:20.680] But which historically has proved to always be possible
[31:20.680 --> 31:24.680] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com
[31:29.680 --> 31:35.680] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11
[31:35.680 --> 31:37.680] The government says that fire brought it down
[31:37.680 --> 31:42.680] However, 1,500 architects and engineers concluded it was a controlled demolition
[31:42.680 --> 31:45.680] Over 6,000 of my fellow service members have given their lives
[31:45.680 --> 31:48.680] And thousands of my fellow first responders are dying
[31:48.680 --> 31:49.680] I'm not a conspiracy theorist
[31:49.680 --> 31:50.680] I'm a structural engineer
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[31:51.680 --> 31:52.680] I'm an Air Force pilot
[31:52.680 --> 31:54.680] I'm a father who lost his son
[31:54.680 --> 31:57.680] We're Americans and we deserve the truth
[31:57.680 --> 32:00.680] Go to RememberBuilding7.org today
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[32:19.680 --> 32:25.680] I had no idea that the number one cause of the disease is found in almost every home in America, the television
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[33:00.680 --> 33:10.680] You're listening to the Logos Radio Network at logosradionetwork.com
[33:10.680 --> 33:35.680] Okay, we are back, Randy Kelton, Debra Stevens, Wheel of Life Radio
[33:35.680 --> 33:45.680] I had a little technical issue on the going out the last time, so maybe we have that fixed
[33:45.680 --> 33:50.680] Okay, Rob, did you have anything else for us?
[33:50.680 --> 33:55.680] Yeah, I got a bunch of other stuff and I thought you just didn't want to talk to me anymore
[33:55.680 --> 34:00.680] I don't, you know, you can only put up with a truck driver so long
[34:00.680 --> 34:06.680] Okay, what else do you have? I think we're okay, we've got about three callers in line
[34:06.680 --> 34:08.680] Yeah, I'll try and make it quick
[34:08.680 --> 34:22.680] One of the things is the magistrate in my federal case sanctioned me $2,000 for responding to Bank of America's discovery the same way they responded to mine
[34:22.680 --> 34:29.680] I don't have $2,000 to pay them, so I don't know what to do about that
[34:29.680 --> 34:36.680] You can file for a hearing on the sanctions, you can appeal the sanctions
[34:36.680 --> 34:41.680] Okay, so does that have to go to the district or the appellate?
[34:41.680 --> 34:44.680] That's a good question
[34:44.680 --> 34:49.680] Okay, he didn't order it paid yet, did he?
[34:49.680 --> 34:51.680] What's that?
[34:51.680 --> 34:53.680] Did he order you to pay it right away?
[34:53.680 --> 34:58.680] Yeah, he ordered me to pay it to Bank of America's attorney within 15 days
[34:58.680 --> 35:04.680] Okay, you need to file a, check the local rules on appealing sanctions
[35:04.680 --> 35:07.680] Okay
[35:07.680 --> 35:10.680] You should be able to appeal the sanctions
[35:10.680 --> 35:21.680] Yeah, he said if I didn't pay it, my case would be subject to dismissal, but that would be a dispositive ruling that he doesn't have authority to make
[35:21.680 --> 35:26.680] Wait a minute, is this the judge or is this a magistrate?
[35:26.680 --> 35:30.680] This is the magistrate that I did not consent to
[35:30.680 --> 35:36.680] Oh, okay, then it might be a good thing for him to do that
[35:36.680 --> 35:37.680] Hey Randy
[35:37.680 --> 35:38.680] Yes
[35:38.680 --> 35:47.680] Can I ask you, how did you respond to Bank of America that they sanctioned you?
[35:47.680 --> 35:48.680] Rob?
[35:48.680 --> 36:04.680] I objected to all their discovery saying that everything that they were asking me to produce was either available to them in the county records or that they already had it or that they couldn't ask me for it because I'd already asked them for it and they failed to produce it
[36:04.680 --> 36:12.680] And he said that my objections were unsupported by law and frivolous and I was stonewalling and
[36:12.680 --> 36:17.680] Was this the first time, had he given you a warning of any kind?
[36:17.680 --> 36:24.680] No, no, he just, he granted their motion to compel after denying my motion to compel
[36:24.680 --> 36:31.680] Okay, good, then that may be a good thing for him to dismiss, then you get to appeal
[36:31.680 --> 36:39.680] Yeah, and I think I would probably have a much better chance in the 10th Circuit than I do with this idiot
[36:39.680 --> 36:53.680] You need to get him judicial conduct complaints, you might file, look, did you file a motion? Okay, let me think, I have to think of what I would file to
[36:53.680 --> 37:07.680] Well, I objected to everything that he files and I've seriously, I've written a motion to disqualify but I haven't submitted it yet because, well, like Napoleon said, never interrupt your enemy when he's busy making mistakes
[37:07.680 --> 37:11.680] Makes mistakes, yes
[37:11.680 --> 37:22.680] Yeah, and it might be better, since you didn't agree to a magistrate, he's acting without subject matter jurisdiction
[37:22.680 --> 37:27.680] What mistakes now are you waiting for him to make?
[37:27.680 --> 37:37.680] Well, I don't know, I mean, he's already recommended granting both defendants motion for summary judgment to dismiss my case
[37:37.680 --> 37:49.680] And he denied my amended complaint that I had filed based on information that I received in the initial disclosures that I got from the defendants, so
[37:49.680 --> 37:59.680] You might look at preparing a criminal accusation against him for official oppression and send it to the U.S. Attorney
[37:59.680 --> 38:06.680] This guy rules against every pro se that comes before him, I found several cases where he just ruled against him
[38:06.680 --> 38:21.680] One was a criminal case and the accused appealed because he wasn't allowed to cross-examine the person that made the medical examiner's report
[38:21.680 --> 38:33.680] And the magistrate said, well, you got to cross-examine a different medical examiner who had reviewed the report, so that was sufficient
[38:33.680 --> 38:39.680] Now, I don't see how that works
[38:39.680 --> 38:50.680] Okay, I can't address that because I really don't know what that one was about, but if you do some research on his filings
[38:50.680 --> 38:58.680] If you can show that he has a consistent pattern of ruling against pro se, he's charging with RICO
[38:58.680 --> 39:04.680] Well, let me get on to the, because I got two other things I wanted to raise with you
[39:04.680 --> 39:08.680] And one of them probably won't take too long, but the other one might
[39:08.680 --> 39:20.680] I was just for giggles, I looked up the state case locator page and I found my foreclosure case from 2009
[39:20.680 --> 39:36.680] And they had listed an interested party and it was the law firm that is currently representing Bank of America in my federal case
[39:36.680 --> 39:43.680] But had no involvement in the foreclosure case. What does that mean?
[39:43.680 --> 39:49.680] They're listed as an interested party in what? In the foreclosure case?
[39:49.680 --> 39:57.680] In the foreclosure case, they were not representing Bank of America, that was Susan C. Little and Associates, this is Lewis and Rocha
[39:57.680 --> 40:09.680] And they're listed on the court case, state case locator website as an interested party in my foreclosure case
[40:09.680 --> 40:22.680] I have no idea what that could be referring to. And they're not the defendants in this suit, are they the law firm representing the defendants?
[40:22.680 --> 40:26.680] They're the law firm representing the defendant
[40:26.680 --> 40:34.680] Oh, you might move to strike the law firm and put the law firm on the notice of witnesses
[40:34.680 --> 40:39.680] Based on their listing as an interested party
[40:39.680 --> 40:44.680] And since they're listed as an interested party you might name them in the suit
[40:44.680 --> 40:48.680] Well that's what I was thinking
[40:48.680 --> 41:00.680] You might want to go back and sue in the state court for, you know, we have a lot more issues to bring than just standing
[41:00.680 --> 41:05.680] We go back with fraud and RICO in the state court
[41:05.680 --> 41:18.680] The more I get into this, the more wrongdoing I've found. I mean this started out, I thought they actually had a claim against my property when I first sued them
[41:18.680 --> 41:24.680] And it's turning out that it looks like they really didn't
[41:24.680 --> 41:25.680] Wonderful
[41:25.680 --> 41:38.680] It really looks like they didn't. It really looks like a lot of documents have been, you know, not just the regular falsification that we see, but I mean like real fraud
[41:38.680 --> 41:43.680] That might play better in the state court
[41:43.680 --> 41:53.680] Because the state judges are elected and they're closer to the public that they serve and that's how it was intended to be
[41:53.680 --> 41:55.680] Okay, you said you had one other thing
[41:55.680 --> 41:57.680] Yeah, one other thing
[41:57.680 --> 42:03.680] Kay's appeal from the magistrate court to the state district court
[42:03.680 --> 42:08.680] It's coming up on the 21st
[42:08.680 --> 42:14.680] I have no idea what we're supposed to do with that
[42:14.680 --> 42:18.680] Well, have you filed the appeal?
[42:18.680 --> 42:20.680] Yeah, yeah, the appeal is
[42:20.680 --> 42:32.680] Okay, they probably won't do anything. You won't do anything. Generally, the appeals court will rule on the pleadings
[42:32.680 --> 42:39.680] Or at most, they'll call a hearing and ask for oral arguments and you should file a motion objecting to oral arguments
[42:39.680 --> 42:41.680] Okay
[42:41.680 --> 42:44.680] And then they just give you a ruling
[42:44.680 --> 42:46.680] Okay
[42:46.680 --> 42:53.680] This is going from a court of no record to a court of record, so it should be a trial de novo
[42:53.680 --> 42:57.680] Oh, okay. In district court?
[42:57.680 --> 42:58.680] Yes
[42:58.680 --> 43:04.680] Okay, what are the courts in New Mexico? Do you have county and district?
[43:04.680 --> 43:14.680] We have municipal and magistrate, which is county and then district and then appeals and then the state supreme court
[43:14.680 --> 43:27.680] Okay, because usually, like here in Texas, we have a county court and district court generally an appeal from an eviction hearing or it will go to a county court
[43:27.680 --> 43:30.680] This is a transportation citation that was filed
[43:30.680 --> 43:36.680] Oh, it's a ticket. See, that's still from municipal court
[43:36.680 --> 43:43.680] That's odd that it would go all the way up to district. It's probably better because you get a better judge who will pay more attention to law
[43:43.680 --> 43:50.680] But as far as the appeal, you probably won't have to... I'm sorry, wait, you're going to have a trial de novo
[43:50.680 --> 43:51.680] Yeah
[43:51.680 --> 44:00.680] So you just start all over again, same as the first time. Okay, hang on, we're going to break. Randy Kelton, Deborah Stevens, rule our radio, we'll be right back
[44:00.680 --> 44:10.680] Mr. President, members of Congress, you've been making a lot of noise about taking our guns away, but you might want to review history
[44:10.680 --> 44:14.680] 1835, Gonzales, Texas territory
[44:14.680 --> 44:19.680] The authorities wanted to confiscate the big gun that protected that colony
[44:19.680 --> 44:23.680] You know what the people said? Come and take it
[44:23.680 --> 44:28.680] Because they were willing to fight for their freedom and their guns
[44:28.680 --> 44:30.680] So are we
[44:30.680 --> 44:33.680] Come and take it if you want it
[44:33.680 --> 44:36.680] Come and take it if you think you can
[44:36.680 --> 44:39.680] Come and take it, but I want you
[44:39.680 --> 44:42.680] You'll have to pry it from my cold dead hands
[44:42.680 --> 44:45.680] We want the freedom that God gave us
[44:45.680 --> 44:48.680] So you best not cross that line
[44:48.680 --> 44:53.680] If you want this gun, you gotta come through us and take it
[44:53.680 --> 44:56.680] One shot at a time
[44:56.680 --> 44:59.680] Just like Gonzales, we're keeping our guns
[44:59.680 --> 45:03.680] Are you the plaintiff or defendant in a lawsuit?
[45:03.680 --> 45:14.680] Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course that will show you how in 24 hours, step-by-step
[45:14.680 --> 45:18.680] If you have a lawyer, know what your lawyer should be doing
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[45:22.680 --> 45:27.680] Thousands have won with our step-by-step course, and now you can too
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[45:51.680 --> 46:00.680] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ
[46:21.680 --> 46:29.680] Oh, yeah, always I must be careful what I'm wishing for
[46:29.680 --> 46:34.680] When I'm hungry, I like to know just what I'm fishing for
[46:34.680 --> 46:40.680] I ain't asking for much, I ain't trying to be no glutton
[46:40.680 --> 46:45.680] I'm just here making my living pushing buttons
[46:45.680 --> 46:54.680] Okay, we are back, Randy Kalten, Debra Stevens, Rule of Law Radio, and Rob, have we pretty well covered your issues?
[46:54.680 --> 47:01.680] Well, I guess my question on Kay's case is the basis for the appeal is that we've had challenges
[47:01.680 --> 47:05.680] No, wait, wait, wait, wait, this is trial de novo
[47:05.680 --> 47:06.680] Right
[47:06.680 --> 47:11.680] That means you don't need a reason to appeal
[47:11.680 --> 47:12.680] Okay
[47:12.680 --> 47:14.680] You have the trial again
[47:14.680 --> 47:23.680] So how do we go to challenges of subject matter and personal jurisdiction when we're the ones that ask the court to hear it?
[47:23.680 --> 47:25.680] Well, you ask this court to hear it
[47:25.680 --> 47:27.680] Yeah
[47:27.680 --> 47:36.680] If you tell the court you have a challenge to subject matter jurisdiction before the court, it's trial de novo, they hear the challenge
[47:36.680 --> 47:44.680] Okay, all right, I think that's it, except for going to your purposes of default
[47:44.680 --> 47:55.680] My post foreclosure in the county records, they never did remove or satisfy the mortgage
[47:55.680 --> 48:05.680] It's still standing in there with a new mortgage, a new warranty deed, special warranty deed sitting on top of mine
[48:05.680 --> 48:10.680] So can I go in and file those notices of default in the county records?
[48:10.680 --> 48:18.680] Yeah, file your notice of default and notice of, oh, I have to figure out how to challenge the
[48:18.680 --> 48:23.680] See, you're going to claim that this foreclosure under law never happened
[48:23.680 --> 48:24.680] Okay
[48:24.680 --> 48:35.680] So you file a notice of default on the deed of trust and a notice to avoid the warranty deed
[48:35.680 --> 48:36.680] Cool
[48:36.680 --> 48:40.680] And did a third party purchase?
[48:40.680 --> 48:41.680] Yeah
[48:41.680 --> 48:50.680] Third party, you should sue the, is it obvious from the record that there are problems with the foreclosure?
[48:50.680 --> 48:55.680] Well, they sue the person who purchased the property
[48:55.680 --> 49:01.680] Yeah, it was an LLC and I'm not convinced that they aren't connected with the foreclosure itself
[49:01.680 --> 49:05.680] I haven't been able to break into it and find out who it is
[49:05.680 --> 49:10.680] Then sue them for fraud and conversion
[49:10.680 --> 49:15.680] They are, they have imputed knowledge of all the problems
[49:15.680 --> 49:22.680] That makes them a co-conspirator with the banks to mail fraud, money laundering, RICO
[49:22.680 --> 49:24.680] Cool
[49:24.680 --> 49:33.680] Send me an email, I'll send you a document I just sent to someone in California that makes the RICO,
[49:33.680 --> 49:38.680] money laundering and mail fraud accusations in it
[49:38.680 --> 49:40.680] All right, sounds good
[49:40.680 --> 49:42.680] Okay, need to move along?
[49:42.680 --> 49:43.680] Yep, thank you very much
[49:43.680 --> 49:45.680] Thank you, Rod
[49:45.680 --> 49:48.680] Okay, now we're going to go to Larry in Texas
[49:48.680 --> 49:53.680] Larry, you have some overdue crowing to do
[49:53.680 --> 49:57.680] Yeah, got some overdue crowing
[49:57.680 --> 50:03.680] Tell about what happened when you went to file some documents with the clerk in Johnson County
[50:03.680 --> 50:14.680] Well, I went to file a notice of lender's default, Randy had prepared me some neat little documents to prepare in the record
[50:14.680 --> 50:17.680] Or to file into the county record, the county clerk
[50:17.680 --> 50:23.680] And I go in Johnson County and I go to file these documents
[50:23.680 --> 50:29.680] And I hand it to one county clerk, she looks at it and she says, oh well, I'm not sure about these
[50:29.680 --> 50:33.680] I'll have to give them over to this other girl, Miss Justine Tillman
[50:33.680 --> 50:37.680] Who's like the supervisor down there at the county clerk's office
[50:37.680 --> 50:43.680] She takes it, she looks at it, she's looking at it, she's shaking her head
[50:43.680 --> 50:46.680] No, she says, I don't know about this, I don't know
[50:46.680 --> 50:48.680] So she says, but I'll go upstairs and check
[50:48.680 --> 50:53.680] So she goes upstairs, she comes downstairs with another woman
[50:53.680 --> 50:58.680] And they both come over and they start telling me that they can't file these into the record
[50:58.680 --> 51:04.680] And I said, why? And they said, because they don't look normal
[51:04.680 --> 51:10.680] I said, what do you mean normal? You gotta define normal, what are you talking about normal?
[51:10.680 --> 51:18.680] They told me what was normal was what was filed by the banks, that was normal
[51:18.680 --> 51:21.680] But what I had was not normal
[51:21.680 --> 51:34.680] And then the one county clerk, the supervisor, she told me that only the banks were allowed to file notices of default into the record
[51:34.680 --> 51:41.680] So I said, okay, so are you going to file my documents into the record or not?
[51:41.680 --> 51:44.680] And they said, no, it's just not normal
[51:44.680 --> 51:49.680] This is not normal, so we're not going to be able to file them into the record
[51:49.680 --> 51:53.680] So I leave, come home, give Randy a call
[51:53.680 --> 52:01.680] He starts telling me, hey, there's some foul criminal charges on the county clerk for official oppression
[52:01.680 --> 52:04.680] And practicing law without a license
[52:04.680 --> 52:11.680] So I pull up the penal code on that, drive straight back down to Jouncy County Sheriff's Department
[52:11.680 --> 52:15.680] Go in there and say, hey, I need to file a criminal complaint
[52:15.680 --> 52:19.680] And the lady at the front desk, she's like, what's the complaint?
[52:19.680 --> 52:22.680] And I said, I need to file against the county clerk
[52:22.680 --> 52:26.680] And she kind of looked at me funny and she said, okay, we'll just have a seat
[52:26.680 --> 52:32.680] And she called a guy, this deputy came in there and he got me and took me back there
[52:32.680 --> 52:35.680] He said, what's the problem? I told him what happened
[52:35.680 --> 52:42.680] And he said, okay, well, I showed him the penal code
[52:42.680 --> 52:46.680] And he said he wasn't familiar with what I was talking about, so I showed him the penal code
[52:46.680 --> 52:51.680] He looked at it and he read it and he goes, okay, well, let's go ahead and file the complaint
[52:51.680 --> 52:56.680] And so he had me fill out a statement, everything to happen
[52:56.680 --> 52:59.680] And he takes the complaint
[52:59.680 --> 53:05.680] So I come back home, he tells me that he'll give it to a detective and they'll investigate it
[53:05.680 --> 53:09.680] Which I still have not heard anything yet on that, interesting
[53:09.680 --> 53:19.680] But then I come home and I take and do out a tort letter to the county commissioner, Johnson County
[53:19.680 --> 53:25.680] And I send this tort letter to the county commissioner, certified, this is on Tuesday
[53:25.680 --> 53:31.680] I send it, certified mail, return receipt, told the county commissioner, judge up there
[53:31.680 --> 53:41.680] That I intended to hold Johnson County liable for any damages that I received on my house
[53:41.680 --> 53:51.680] Any damages on my house because I was denied access to public records
[53:51.680 --> 53:59.680] Now, I sent that Tuesday, Wednesday morning, I get a call from the district clerk
[53:59.680 --> 54:05.680] She says, oh, Mr. Wiest, there was a mistake
[54:05.680 --> 54:11.680] Your documents can be filed into the record, there was just a miscommunication
[54:11.680 --> 54:18.680] She leaves this on my voicemail and she tells me also on my voicemail that she sent me a letter
[54:18.680 --> 54:28.680] Certified mail, return receipt, telling me that I could come back and file my records into the, you know, my documents into the record
[54:28.680 --> 54:40.680] So I called her back and she said, oh, it was, the only problem with your documents was that your, that the notary wasn't proper
[54:40.680 --> 54:49.680] And I said, that's not what your county clerk said, they told me that my documents were not normal
[54:49.680 --> 54:57.680] She said, oh, well, that was the, that was an improper use of words, those, they shouldn't have told you that
[54:57.680 --> 55:05.680] So she said, but you can come back down, file your documents into the record, it won't be any issue
[55:05.680 --> 55:07.680] Just come on back down
[55:07.680 --> 55:15.680] So got my documents, went back down there on Thursday, I got up, that was Thursday afternoon
[55:15.680 --> 55:21.680] Or that was Wednesday afternoon when I talked to her, Thursday when mail came, I got the letter, the letter said
[55:21.680 --> 55:26.680] You can come back, they sent it, certified mail, return receipt
[55:26.680 --> 55:32.680] They told me I could come back and file those documents into the record
[55:32.680 --> 55:40.680] Went back down there, went to the same county clerk who had given me all kinds of trouble when I was down there on Tuesday
[55:40.680 --> 55:48.680] She was super nice, just, I mean, the friendliest woman you could ever meet
[55:48.680 --> 55:56.680] And I also, oh, I forgot, I omitted this, when I sent the tort letter to the county commissioner
[55:56.680 --> 56:01.680] I told him that I also had filed criminal charges against his county clerk
[56:01.680 --> 56:05.680] And I put the police report number in there
[56:05.680 --> 56:10.680] So we got a pretty good response fairly quickly out of them
[56:10.680 --> 56:16.680] They got nervous that they, that there was a possibility they were going to be held liable for any damages
[56:16.680 --> 56:18.680] They had denied me access to public record
[56:18.680 --> 56:23.680] And then the county clerk, the one who had given me a lot of trouble when I went back down there
[56:23.680 --> 56:30.680] She was like, yes sir, no sir, all smiles, never gave me one, not one lick of attitude
[56:30.680 --> 56:35.680] Funny how that happens, just a little attitude adjustment
[56:35.680 --> 56:45.680] We have some people in Travis County and Tarrant County in Dallas County who's been having these problems
[56:45.680 --> 56:49.680] We need to take this, the clerks to the grand jury
[56:49.680 --> 57:00.680] If they want to cop themselves an attitude, then it's up to the sovereign to adjust their attitudes for them
[57:00.680 --> 57:05.680] That tort letter worked well, it surprised me when you told me to send that
[57:05.680 --> 57:08.680] I was actually surprised at how well that worked
[57:08.680 --> 57:13.680] Yeah, when these guys are looking at a civil suit, they get, the county, they get real excited
[57:13.680 --> 57:19.680] Because you're going to dip into their play money
[57:19.680 --> 57:24.680] Well good, okay, and at the foreclosure sale
[57:24.680 --> 57:26.680] Ah, at the foreclosure sale
[57:26.680 --> 57:37.680] After I followed these documents into the record, then my foreclosure sale came up on the following Tuesday on July 2nd
[57:37.680 --> 57:43.680] Well, I show up to the foreclosure sale, it's there on the steps of the courthouse
[57:43.680 --> 57:51.680] In Johnson County, when they say the steps of the courthouse, they really mean the steps of the courthouse
[57:51.680 --> 57:58.680] They stand out there on the steps and they do the auction from the steps of the courthouse
[57:58.680 --> 58:02.680] And I hear that that's not what they do in other places
[58:02.680 --> 58:05.680] Oh, we're coming to the end of the hour here
[58:05.680 --> 58:09.680] Oh yeah, in Wise County they do it on the courthouse steps
[58:09.680 --> 58:15.680] I guess they'll have a problem if the courthouse like in Randall County doesn't have any steps
[58:15.680 --> 58:19.680] So that must mean they can't sell the property at all
[58:19.680 --> 58:25.680] Okay, this is Randy Kelton, Deborah Stevens, Rule of Our Radio
[58:25.680 --> 58:29.680] Our call-in number, 512-646-1984
[58:29.680 --> 58:34.680] We've got a number of calls building up, Ike, Darlene, Jeff, Dave
[58:34.680 --> 58:36.680] I've got two Jeffs
[58:36.680 --> 58:39.680] Hang on, we will start moving through these
[58:39.680 --> 58:42.680] We'll get to all of you before the night's over
[58:42.680 --> 58:46.680] So give us a call, 512-646-1984
[58:46.680 --> 58:49.680] We'll be right back
[58:49.680 --> 58:53.680] Would you like to make more definite progress in your walk with God?
[58:53.680 --> 59:00.680] Bibles for America is offering a free study Bible and a set of free Christian books that can really help
[59:00.680 --> 59:05.680] The New Testament Recovery Version is one of the most comprehensive study Bibles available today
[59:05.680 --> 59:12.680] 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
[59:12.680 --> 59:17.680] The free books are a three-volume set called Basic Elements of the Christian Life
[59:17.680 --> 59:23.680] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation
[59:23.680 --> 59:27.680] growing in Christ and how to build up the Church
[59:27.680 --> 59:33.680] To order your free New Testament Recovery Version and Basic Elements of the Christian Life
[59:33.680 --> 59:40.680] Call Bibles for America toll free at 888-551-0102
[59:40.680 --> 59:44.680] That's 888-551-0102
[59:44.680 --> 59:59.680] Or visit us online at bfa.org
[59:59.680 --> 01:00:14.680] You're listening to the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com
[01:00:14.680 --> 01:00:19.680] John Bush here with your Liberty Beat for July 11, 2013
[01:00:19.680 --> 01:00:27.680] Gold opened today at $1288, silver at $20.12 and bitcoin is trading at $86
[01:00:27.680 --> 01:00:34.680] Support for the Liberty Beat comes from Brave New Books, your Central Texas supplier of One World Way and Tangy Tangerine
[01:00:34.680 --> 01:00:40.680] In Austin at 1904 Guadalupe Street or online at bravenewbookstore.com
[01:00:40.680 --> 01:00:46.680] And now the news, here's an update on the arrest of Liberty activist Adam Kokesh
[01:00:46.680 --> 01:00:51.680] It was reported yesterday that Adam is being charged with possession of marijuana and mushrooms
[01:00:51.680 --> 01:00:55.680] along with having a loaded gun while in possession of the illegal drugs
[01:00:55.680 --> 01:01:02.680] It can be speculated that the drugs were found in the safe police spent hours trying to open during the Tuesday night raid on Kokesh's residence
[01:01:02.680 --> 01:01:09.680] NBC reported yesterday that Adam was refusing to come out of his cell and not participating with his captors in any way
[01:01:09.680 --> 01:01:18.680] Today it was posted on Adam Kokesh's Facebook fan page that Adam was brought into the courtroom in a wheelchair and refused to speak to anyone in the court
[01:01:18.680 --> 01:01:25.680] Free Adam protests have been organized and are currently taking place outside of Fairfax County Courthouse
[01:01:25.680 --> 01:01:29.680] The Liberty Beat will keep you up to date as this story unfolds
[01:01:33.680 --> 01:01:41.680] On Tuesday the Brazilian newspaper O Globo revealed that NSA spying programs recently unveiled by Edward Snowden
[01:01:41.680 --> 01:01:49.680] did not stop with spying on American citizens communication but also included the monitoring of Colombia, Venezuela, Brazil and Mexico
[01:01:49.680 --> 01:01:57.680] Colombia's foreign ministry expressed concern that its American ally had been spying on internet communications and called for an explanation
[01:01:57.680 --> 01:02:06.680] The newspaper said the programs went beyond looking into military affairs and peered into the Indian nation's commercial secrets including oil and energy
[01:02:06.680 --> 01:02:12.680] This announcement comes on the heels of discoveries that French and British government agencies were also spying on their citizens communication
[01:02:17.680 --> 01:02:25.680] Peter Son, best known as the founder of the Pirate Bay, is now working on a new tool designed to help privacy concerned internet users protect their information
[01:02:25.680 --> 01:02:31.680] The app is known as Hamil.is, which means secret in Swedish
[01:02:31.680 --> 01:02:40.680] It is designed to be a spy-proof messaging service for both iOS and Android that will use end-to-end encryption with a user-friendly interface
[01:02:40.680 --> 01:02:45.680] All messages will be encrypted so no one except the sender and recipient will be able to read their contents
[01:02:45.680 --> 01:02:50.680] Sunday has started his goal to have encryption for all sorts of communications methods
[01:02:50.680 --> 01:02:59.680] Support comes from Beeler Education, providing admission advice and homeschooling consulting for your family's educational needs
[01:03:20.680 --> 01:03:49.680] Okay, we are back, Randy Kelton, Debra Stevens, Rue Blah Radio, here on our Friday night four hour info marathon
[01:03:49.680 --> 01:03:55.680] We are talking to Larry in Texas. Go ahead Larry, you were talking about the sale on the courthouse steps
[01:03:55.680 --> 01:04:04.680] Yeah, and this is where it's going to be exciting for a lot of people to hear
[01:04:04.680 --> 01:04:09.680] What I did is I showed up there to the foreclosure sale
[01:04:09.680 --> 01:04:21.680] And when I went up there, I said, well, who's the trustee and who's doing the sale? And this lady was there, she said, oh, it sells those three over there in the green
[01:04:21.680 --> 01:04:28.680] So I go over there and I start talking to a guy and I said, look, I've got these documents filed into the record
[01:04:28.680 --> 01:04:41.680] And, you know, there's the title, you know, there's some issues here. There's been a notice of lender's default and you can't, I don't think, you can't sell this
[01:04:41.680 --> 01:04:45.680] You know, you can't sell my house today. And he's like, well, which ones you're not toting
[01:04:45.680 --> 01:04:57.680] And he said, well, we haven't gotten an approval or a go ahead on that yet. And I said, well, unfortunately for you, Troy, his name was Troy Robinette
[01:04:57.680 --> 01:05:02.680] I said, unfortunately for you, you're just some guy here trying to do your job
[01:05:02.680 --> 01:05:09.680] But unfortunately for you, if you try to move ahead with the sale, I'm going to file criminal charges on you
[01:05:09.680 --> 01:05:17.680] And he said, okay, well, you go ahead and do what you think you got to do, but I got to do my job
[01:05:17.680 --> 01:05:23.680] So he thought I was just kind of, you know, I guess, bluffing, blowing smoke
[01:05:23.680 --> 01:05:33.680] So there was a few buyers there and they heard me telling him this and they started saying, well, what's going on
[01:05:33.680 --> 01:05:37.680] You know, the buyers started asking the third party buyers, so which one's yours
[01:05:37.680 --> 01:05:44.680] And I said, well, I'm just letting everybody here know if you buy this property, you've bought two and a half years litigation
[01:05:44.680 --> 01:05:50.680] And any future lawsuit or civil and criminal issues that come about
[01:05:50.680 --> 01:05:54.680] And every one of them looked at their paper and they were all marking it off
[01:05:54.680 --> 01:05:56.680] Every one of them were
[01:05:56.680 --> 01:06:05.680] So I go in and I get the constable in the courthouse and I tell him what's going on
[01:06:05.680 --> 01:06:13.680] And he starts trying to, I got the penal code with me, which Randy had kind of given me some direction on which way to go on that
[01:06:13.680 --> 01:06:26.680] But I was going to file charges for criminal conversion of, we were going to go with theft, fraud, money laundering, and mail fraud
[01:06:26.680 --> 01:06:33.680] And which all are class two felonies, except for the mail fraud, which is a federal offense
[01:06:33.680 --> 01:06:36.680] And that one carries like 20 years in prison
[01:06:36.680 --> 01:06:44.680] So I tell the constable, I'm showing him this, he tries to get out of it, trying to say, well, you're going to have to go to the DA with that
[01:06:44.680 --> 01:06:47.680] You know, because I can't touch that
[01:06:47.680 --> 01:06:56.680] And so I said, look, you know, if I observe a crime and I report it to you, you know, you've got to take action
[01:06:56.680 --> 01:06:59.680] You know, you're a public servant
[01:06:59.680 --> 01:07:04.680] And then he just kept saying, no, it has to go to the DA because I don't really want to touch that
[01:07:04.680 --> 01:07:10.680] And I said, well, you know, I already filed official oppression on the county clerks the other day
[01:07:10.680 --> 01:07:13.680] And so that got his attention
[01:07:13.680 --> 01:07:17.680] He stood up and got over there and started looking at what I was showing him
[01:07:17.680 --> 01:07:22.680] And I told him, I said, look, I don't think those guys out there are even the substitute trustee
[01:07:22.680 --> 01:07:27.680] Because they're with some company called auction.net
[01:07:27.680 --> 01:07:34.680] And he said, okay, so he stands up, he walks out there with me and he gets the substitute trustee
[01:07:34.680 --> 01:07:43.680] And he says, whatever you do today, you better not sell this guy's house
[01:07:43.680 --> 01:07:46.680] And the substitute trustees is like, okay, okay
[01:07:46.680 --> 01:07:53.680] And he had kind of a funny grin on his face and the constable goes, you can have that smart looking grin on your face
[01:07:53.680 --> 01:07:58.680] But I'm telling you, whatever you do today, you better not sell this guy's house
[01:07:58.680 --> 01:08:04.680] And so I thought everything's good because at that point they called the bank
[01:08:04.680 --> 01:08:08.680] And then they put a hold on mine for a while
[01:08:08.680 --> 01:08:14.680] Well, then the constable, he eventually came and said, I'm not going to do anything
[01:08:14.680 --> 01:08:17.680] That guy is listed
[01:08:17.680 --> 01:08:25.680] The guy was listed as the substitute trustee, but he was out there with his company called auction.net
[01:08:25.680 --> 01:08:27.680] And I was under a misunderstanding
[01:08:27.680 --> 01:08:31.680] And so the constable decided not to do anything
[01:08:31.680 --> 01:08:35.680] So we're sitting there all day, the bank
[01:08:35.680 --> 01:08:41.680] Because I'm telling this guy, the substitute trustee, that I am going to file criminal charges on you
[01:08:41.680 --> 01:08:45.680] And so we're out there on the steps and he starts asking
[01:08:45.680 --> 01:08:49.680] He goes, man, I don't understand why you're mad at me
[01:08:49.680 --> 01:08:50.680] I said, I'm not mad at you
[01:08:50.680 --> 01:08:52.680] He said, well, you're going to try to get criminal
[01:08:52.680 --> 01:08:55.680] You're going to try to get me arrested for doing my job
[01:08:55.680 --> 01:08:57.680] And I said, well, you're trying
[01:08:57.680 --> 01:08:59.680] He said, oh, he also told me
[01:08:59.680 --> 01:09:01.680] He said, I've got a wife and kids
[01:09:01.680 --> 01:09:03.680] I said, well, I do too
[01:09:03.680 --> 01:09:05.680] I have a wife and kids too
[01:09:05.680 --> 01:09:08.680] And I'm trying to protect my family
[01:09:08.680 --> 01:09:11.680] And you're trying to do what you got to do for your family
[01:09:11.680 --> 01:09:13.680] And I'm trying to do what I got to do for my family
[01:09:13.680 --> 01:09:17.680] So if you move forward this, I'm going to file criminal charges on you
[01:09:17.680 --> 01:09:23.680] And so for all day, I got there at 12
[01:09:23.680 --> 01:09:28.680] At 3.30, the bank calls him and tells him, go ahead with the sale
[01:09:28.680 --> 01:09:32.680] So he tries to sneak out on the courthouse steps
[01:09:32.680 --> 01:09:34.680] And I see him, I run over and catch him
[01:09:34.680 --> 01:09:36.680] He said, they approved it, we're going to go ahead and sell
[01:09:36.680 --> 01:09:41.680] So I pulled out my phone, turned on the video record, got the sale
[01:09:41.680 --> 01:09:44.680] Got him doing the sale
[01:09:44.680 --> 01:09:47.680] And then as soon as I got done, dialed 911
[01:09:47.680 --> 01:09:50.680] Told him, I just observed a crime committed here
[01:09:50.680 --> 01:09:52.680] And they said, well, where at?
[01:09:52.680 --> 01:09:55.680] And I said, on the county courthouse steps
[01:09:55.680 --> 01:09:58.680] You might want to send the sheriff and the 911 operation
[01:09:58.680 --> 01:10:01.680] No, we got to send the city police
[01:10:01.680 --> 01:10:04.680] Because the county courthouse is in the middle of the city
[01:10:04.680 --> 01:10:07.680] So it has to be the city police first
[01:10:07.680 --> 01:10:11.680] I said, okay, but it's on the county courthouse
[01:10:11.680 --> 01:10:16.680] So she calls
[01:10:16.680 --> 01:10:20.680] I go out there by the street, I'm waiting for the cops to show up
[01:10:20.680 --> 01:10:24.680] The substitute trustee, he's up there getting all of his stuff
[01:10:24.680 --> 01:10:28.680] And then three cops show up
[01:10:28.680 --> 01:10:31.680] Three Cleveland police officers show up
[01:10:31.680 --> 01:10:36.680] Two street cops, I guess, you know, in their cruisers
[01:10:36.680 --> 01:10:40.680] And one guy in plain clothes
[01:10:40.680 --> 01:10:45.680] And I come to find out he was a fraud investigator
[01:10:45.680 --> 01:10:48.680] And I started telling this cop, he said, what's going on?
[01:10:48.680 --> 01:10:49.680] What crime's been committed?
[01:10:49.680 --> 01:10:54.680] I said, well, that guy up there just committed theft, fraud
[01:10:54.680 --> 01:10:56.680] And money laundering and mail fraud
[01:10:56.680 --> 01:10:59.680] I said, he just committed all these things right there
[01:10:59.680 --> 01:11:01.680] And he's like, what are you talking about?
[01:11:01.680 --> 01:11:05.680] I said, they just had a substitute trustee's foreclosure sale up there
[01:11:05.680 --> 01:11:07.680] And they stole my house
[01:11:07.680 --> 01:11:13.680] And he said, well, the cop starts trying to litigate the case right there with me
[01:11:13.680 --> 01:11:17.680] He's like, well, if they had a foreclosure sale, then it's not your house anymore
[01:11:17.680 --> 01:11:22.680] I just looked at him, I said, look, here's the penal code right here
[01:11:22.680 --> 01:11:25.680] And so I started opening up the penal code
[01:11:25.680 --> 01:11:27.680] And I went to show it to him
[01:11:27.680 --> 01:11:32.680] He holds up his hands and turns his head away
[01:11:32.680 --> 01:11:36.680] And he says, I don't want to look at the penal code
[01:11:36.680 --> 01:11:41.680] And so at this point, the substitute trustee comes down the step
[01:11:41.680 --> 01:11:45.680] He gets into his truck close by where we're standing
[01:11:45.680 --> 01:11:49.680] And the fraud investigator sees him doing that
[01:11:49.680 --> 01:11:52.680] And he tells that cop, go over there and stop him
[01:11:52.680 --> 01:11:56.680] So then the fraud investigator starts asking me, what's going on?
[01:11:56.680 --> 01:11:57.680] He's listening
[01:11:57.680 --> 01:11:58.680] I said, look, there's fraud
[01:11:58.680 --> 01:12:03.680] These things were committed, and I told him exactly what happened
[01:12:03.680 --> 01:12:06.680] Again, and he goes, where did this happen?
[01:12:06.680 --> 01:12:09.680] Real quick, he jumped in, he said, where did this happen?
[01:12:09.680 --> 01:12:11.680] I said, right up there on the county courthouse step
[01:12:11.680 --> 01:12:14.680] He goes, oh, we can't touch it, we can't touch it
[01:12:14.680 --> 01:12:15.680] That's not our jurisdiction
[01:12:15.680 --> 01:12:17.680] We don't have a dog in this fight
[01:12:17.680 --> 01:12:18.680] We can't touch it
[01:12:18.680 --> 01:12:20.680] So he wanted to get out of it
[01:12:20.680 --> 01:12:22.680] I said, well, you know what fraud is
[01:12:22.680 --> 01:12:24.680] He goes, I know what fraud is, but we can't touch it
[01:12:24.680 --> 01:12:29.680] We cannot, we have no, you'll have to call the county or the sheriff's department
[01:12:29.680 --> 01:12:35.680] You should have told him to take his chicken suit off
[01:12:35.680 --> 01:12:38.680] Oh, he was really, he saw what he did, Randy
[01:12:38.680 --> 01:12:41.680] He saw what I was doing
[01:12:41.680 --> 01:12:45.680] And he wanted to get, find the quickest out he could
[01:12:45.680 --> 01:12:50.680] Because he knew I was about to open a firestorm there
[01:12:50.680 --> 01:12:52.680] By making the issues
[01:12:52.680 --> 01:12:57.680] I guess he felt like, well, me standing there with the penal code
[01:12:57.680 --> 01:12:59.680] He was, I don't know if he was getting nervous
[01:12:59.680 --> 01:13:01.680] But as soon as he, he said, oh, we can't touch it
[01:13:01.680 --> 01:13:03.680] And he just started holding his hands up
[01:13:03.680 --> 01:13:07.680] He told them, two cops, we're done here, we can't touch this
[01:13:07.680 --> 01:13:09.680] He'll have to call the sheriff's department
[01:13:09.680 --> 01:13:13.680] Well, there just so happened to be a deputy sheriff sitting across the street
[01:13:13.680 --> 01:13:18.680] And I went over there and told him what happened
[01:13:18.680 --> 01:13:25.680] And he said, man, at this point, the substitute trustee had left
[01:13:25.680 --> 01:13:34.680] But I am sure that once that substitute trustee saw that police officer coming for his truck
[01:13:34.680 --> 01:13:39.680] I'm sure he had to probably go home and change his underwear
[01:13:39.680 --> 01:13:43.680] Because, you know, he, I mean, to see
[01:13:43.680 --> 01:13:47.680] Because I've been telling him all day, I'm going to get you arrested
[01:13:47.680 --> 01:13:50.680] You know, he's probably thinking, oh, man, I'm going to
[01:13:50.680 --> 01:13:53.680] He's probably thinking, I've never had this happen before
[01:13:53.680 --> 01:13:58.680] So I tell the deputy sheriff, he says, go down to the department, file the case
[01:13:58.680 --> 01:14:03.680] He said, because I really don't, I don't know anything about what you're doing
[01:14:03.680 --> 01:14:06.680] I wouldn't know the first thing to do
[01:14:06.680 --> 01:14:10.680] But now, here, now we come to today, which I told you about this, Randy
[01:14:10.680 --> 01:14:12.680] And here's the interesting part
[01:14:12.680 --> 01:14:16.680] Because Randy said also he had never heard, he's never heard of this
[01:14:16.680 --> 01:14:19.680] And that's not to say that it hasn't happened
[01:14:19.680 --> 01:14:21.680] But I've talked to some other people
[01:14:21.680 --> 01:14:24.680] And this has never happened according to them so far
[01:14:24.680 --> 01:14:32.680] Is today I'm out my front yard and a private investigator shows up here
[01:14:32.680 --> 01:14:40.680] A private investigator says they're investigating for the bank to see who lives here
[01:14:40.680 --> 01:14:44.680] To see if there's anybody who's disabled here or some old folks
[01:14:44.680 --> 01:14:48.680] Because it's not, that's not allowed to evict
[01:14:48.680 --> 01:14:54.680] Because it had to find out who lives here for an eviction case
[01:14:54.680 --> 01:14:59.680] So I told them that I am, I'm disabled, I'm a workman's comp
[01:14:59.680 --> 01:15:07.680] And so they've, I've been on, I'm on a, I've got injured at work, a back injury
[01:15:07.680 --> 01:15:09.680] And I haven't worked in almost two years
[01:15:09.680 --> 01:15:14.680] So I think they're, I think what you were saying earlier, Randy
[01:15:14.680 --> 01:15:17.680] Is they're being real cautious now about how to handle this
[01:15:17.680 --> 01:15:24.680] Because I think we, it's a good chance we actually scared them pretty bad up there at the courthouse
[01:15:24.680 --> 01:15:33.680] Yeah, I'd say there's a, there's a good chance that the law firm, whoever's at the bank
[01:15:33.680 --> 01:15:36.680] Is moving for the foreclosure got an earful from the trustee
[01:15:36.680 --> 01:15:41.680] The trustee's probably sitting back waiting for you to sue him
[01:15:41.680 --> 01:15:48.680] Yeah, the attorney is Barrett Daffin, which I found out today has had a huge
[01:15:48.680 --> 01:15:52.680] Barrett Daffin frapping and kiss my behind
[01:15:52.680 --> 01:15:54.680] That's who it is
[01:15:54.680 --> 01:15:57.680] Well, they're getting more and more heat
[01:15:57.680 --> 01:16:02.680] So, you know, we get enough of these
[01:16:02.680 --> 01:16:08.680] You know, they got to look at the possibility of getting an indictment and this is Johnson County
[01:16:08.680 --> 01:16:15.680] Johnson County is different than a lot of counties because Johnson County is where I really kicked their
[01:16:15.680 --> 01:16:21.680] Behinds when they didn't act on a criminal complaint against a public official
[01:16:21.680 --> 01:16:26.680] So when you file those with the district attorney, that's a very good chance
[01:16:26.680 --> 01:16:30.680] That he's going to present them to a grand jury
[01:16:30.680 --> 01:16:33.680] True bill, no bill, don't make any difference
[01:16:33.680 --> 01:16:40.680] You get these guys presented to a grand jury for their behavior, it's going to change everything
[01:16:40.680 --> 01:16:44.680] Okay, thank you, Larry. We got a bunch of callers building up
[01:16:44.680 --> 01:16:47.680] We will go to those callers when we get back
[01:16:47.680 --> 01:16:52.680] This is Randy Kelton, Deborah Stevens, Rule of Law Radio, our call-in number
[01:16:52.680 --> 01:16:55.680] 512-646-1984
[01:16:55.680 --> 01:17:00.680] We'll be right back
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[01:19:22.680 --> 01:19:32.680] Okay, we are back, Randy Kelton, Debra Stevens, Rule of Law Radio
[01:19:32.680 --> 01:19:35.680] And we're going to Ike in Texas
[01:19:35.680 --> 01:19:38.680] Hello Ike, what do you have for us today?
[01:19:38.680 --> 01:19:40.680] Yes, how are you doing?
[01:19:40.680 --> 01:19:42.680] Doing well
[01:19:42.680 --> 01:19:47.680] I had called earlier, I don't know, months ago, month and a half
[01:19:47.680 --> 01:19:56.680] I had some chickens and I had an animal control officer come into my backyard and inspect it
[01:19:56.680 --> 01:20:00.680] You know, and of course I caught him back there and told him he was on private property
[01:20:00.680 --> 01:20:04.680] Well, you know, we talked about the situation
[01:20:04.680 --> 01:20:09.680] He wanted me to go with him to sign or go to his truck with him
[01:20:09.680 --> 01:20:12.680] I told him I wasn't leaving, I was on my back porch
[01:20:12.680 --> 01:20:16.680] And anyway, he said, well you need to follow me out here
[01:20:16.680 --> 01:20:17.680] And I said, well, I don't want to
[01:20:17.680 --> 01:20:20.680] I said, you know, you're on private property, you have no business here
[01:20:20.680 --> 01:20:25.680] What it boils down to is that he went out front, which I knew what he was going to do
[01:20:25.680 --> 01:20:29.680] He was going to call back up and he gave me a citation
[01:20:29.680 --> 01:20:35.680] Well, that, you know, like I said, it's been probably a month, a little over a month ago
[01:20:35.680 --> 01:20:41.680] And I come home today and then I got this little four by six little card saying that
[01:20:41.680 --> 01:20:47.680] I have an official notice, a warrant for your arrest
[01:20:47.680 --> 01:20:54.680] And anyway, it says in order to avoid physical arrest at your home or work
[01:20:54.680 --> 01:20:59.680] You must contact the Gainesville Municipal Court immediately or bring me notice with you
[01:20:59.680 --> 01:21:03.680] To, of course, the Gainesville Municipal Court
[01:21:03.680 --> 01:21:07.680] Well, I didn't go down there, but I did call
[01:21:07.680 --> 01:21:14.680] And the person I talked to, he was a, he answered the phone as Gainesville Public Safety
[01:21:14.680 --> 01:21:18.680] And I said, well, I said, I need to speak to the city clerk or the clerk
[01:21:18.680 --> 01:21:23.680] And he said, well, I'm acting as part of that
[01:21:23.680 --> 01:21:26.680] He said, I am actually a city marshal
[01:21:26.680 --> 01:21:31.680] And he basically told me that I need to come down there and take care of that
[01:21:31.680 --> 01:21:33.680] And I need to enter a plea
[01:21:33.680 --> 01:21:38.680] And I told him that I didn't know what I'd be pleading for
[01:21:38.680 --> 01:21:41.680] I said, can you tell me what, you know, what the warrant's for?
[01:21:41.680 --> 01:21:43.680] And he told me it was about the animals
[01:21:43.680 --> 01:21:48.680] And what it boils down to is that I wouldn't go down there and make a plea
[01:21:48.680 --> 01:21:50.680] Wasn't about to
[01:21:50.680 --> 01:21:52.680] Okay, okay, hold on
[01:21:52.680 --> 01:21:55.680] When he wrote the citation, did you sign the citation?
[01:21:55.680 --> 01:21:57.680] No, I didn't sign nothing, told him
[01:21:57.680 --> 01:22:00.680] And he just, he had a cop there with him
[01:22:00.680 --> 01:22:02.680] And of course I told him I wasn't going to sign it
[01:22:02.680 --> 01:22:06.680] And so they just threw it down on the ground and walked off
[01:22:06.680 --> 01:22:11.680] Anyway, when he walked off, he says, well, he said, wait till the judge gets through with you
[01:22:11.680 --> 01:22:14.680] Now, I was recording that, but I didn't, wasn't able to catch that
[01:22:14.680 --> 01:22:17.680] I wish I had have
[01:22:17.680 --> 01:22:21.680] And he said you can wait till the judge gets through with you?
[01:22:21.680 --> 01:22:26.680] Yeah, yeah, yeah, he was real smart-ass
[01:22:26.680 --> 01:22:30.680] Okay, now wait a minute, he, is this the city marshal or the one who wrote the ticket?
[01:22:30.680 --> 01:22:33.680] This was the animal control
[01:22:33.680 --> 01:22:34.680] Okay
[01:22:34.680 --> 01:22:36.680] I'm a marshal today because I just got this
[01:22:36.680 --> 01:22:40.680] Okay, did you get, did it have a
[01:22:40.680 --> 01:22:45.680] Okay, you need to file a motion to quash the warrant
[01:22:45.680 --> 01:22:51.680] Stating that you were under no promise to appear
[01:22:51.680 --> 01:22:58.680] And you want to see the affidavit in support of the warrant
[01:22:58.680 --> 01:23:01.680] Somebody had to write out an affidavit
[01:23:01.680 --> 01:23:08.680] Get a third party, not you, to go down with
[01:23:08.680 --> 01:23:19.680] To the city and ask to see the warrant issued in this case and the affidavit in support
[01:23:19.680 --> 01:23:24.680] Can he, what, where are you at in Texas, 940, Fort Worth?
[01:23:24.680 --> 01:23:27.680] No, I'm up there on the Red River
[01:23:27.680 --> 01:23:31.680] Oh, oh, you're way up there, okay
[01:23:31.680 --> 01:23:35.680] Gainesville, I don't have somebody in Gainesville
[01:23:35.680 --> 01:23:42.680] Well, maybe, if this thing gets under control, I might be one
[01:23:42.680 --> 01:23:53.680] You need somebody who won't lose his cool and go down there and ask to see the complaint on this particular case
[01:23:53.680 --> 01:24:01.680] And just ask to see the whole file and get a copy of the whole file
[01:24:01.680 --> 01:24:05.680] And if they won't show you the whole file, that's even better
[01:24:05.680 --> 01:24:07.680] Okay
[01:24:07.680 --> 01:24:13.680] Because then you come back and file criminal charges against the magistrate who issued the warrant
[01:24:13.680 --> 01:24:18.680] Even if you don't know his name, just unknown magistrate who issued this warrant
[01:24:18.680 --> 01:24:25.680] Or if it's the city of Gainesville, there will be a head magistrate or you might even issue it against the mayor
[01:24:25.680 --> 01:24:27.680] Okay
[01:24:27.680 --> 01:24:31.680] Because the animal control officer didn't do it right
[01:24:31.680 --> 01:24:36.680] Well, you know, I was sitting here reading this, the enforcement of the animal control
[01:24:36.680 --> 01:24:41.680] And it says here, the chief of police shall designate an employee as animal control officer
[01:24:41.680 --> 01:24:45.680] Who shall be assigned to the city of Gainesville police department
[01:24:45.680 --> 01:24:50.680] The animal control officer shall have police powers and enforcement of the chapters
[01:24:50.680 --> 01:24:58.680] And no person shall interfere with, hinder, molest, or abuse this officer in the exercise of such powers
[01:24:58.680 --> 01:25:02.680] And such acts that shall constitute a violation
[01:25:02.680 --> 01:25:08.680] But right down here, it says the animal control officer and the police officer
[01:25:08.680 --> 01:25:13.680] Shall have the authority to issue citations for any violation of this chapter
[01:25:13.680 --> 01:25:17.680] If the person is not present, the animal control officer or police officer
[01:25:17.680 --> 01:25:23.680] May mail the citation to the alleged violator by certified mail, return, receipt, request
[01:25:23.680 --> 01:25:31.680] And it also says down here that exercise all the animal control officer or police officer
[01:25:31.680 --> 01:25:36.680] Can exercise all powers given to the animal control officer by the state of Texas
[01:25:36.680 --> 01:25:44.680] I didn't know that the state of Texas did that for them
[01:25:44.680 --> 01:25:51.680] That means that the animal control officer is going to be a...
[01:25:51.680 --> 01:25:56.680] No, wait, you said he's appointed by the chief of police, he's not a county sheriff?
[01:25:56.680 --> 01:26:02.680] Yeah, he's designated, shall designate an employee as the animal control officer
[01:26:02.680 --> 01:26:06.680] Who shall be assigned to the city of Gainesville police department
[01:26:06.680 --> 01:26:11.680] Oh, okay, so he is a county sheriff's deputy then
[01:26:11.680 --> 01:26:12.680] Okay
[01:26:12.680 --> 01:26:17.680] Most likely, the animal control officer is generally the county
[01:26:17.680 --> 01:26:22.680] You need to ask for his police officer certification
[01:26:22.680 --> 01:26:28.680] The problem he has in issuing a warrant
[01:26:28.680 --> 01:26:33.680] In order for the court to issue a warrant
[01:26:33.680 --> 01:26:38.680] They would have to have ordered you to be in court
[01:26:38.680 --> 01:26:47.680] And you would have had to have agreed to appear before magistrate at a certain day, certain time
[01:26:47.680 --> 01:26:50.680] Yeah, 15 days when the citation happened, but I didn't agree
[01:26:50.680 --> 01:26:52.680] No, you didn't sign it
[01:26:52.680 --> 01:26:53.680] No
[01:26:53.680 --> 01:26:56.680] So you didn't enter into a contract with him
[01:26:56.680 --> 01:26:57.680] No
[01:26:57.680 --> 01:27:08.680] You might put in a request for the affirmation that you made agreeing to appear
[01:27:08.680 --> 01:27:14.680] You want to see the contract that you entered into with the animal control officer
[01:27:14.680 --> 01:27:16.680] Okay
[01:27:16.680 --> 01:27:27.680] Now, whether or not they can prosecute the issue, the animal control complaint
[01:27:27.680 --> 01:27:32.680] That don't have anything to do with the false warrant
[01:27:32.680 --> 01:27:38.680] The officer would have had to testify before a magistrate
[01:27:38.680 --> 01:27:46.680] That he issued a citation and you promised to appear and you failed to appear on the promise
[01:27:46.680 --> 01:27:52.680] Then he's going to have to show the magistrate a signed promise to appear
[01:27:52.680 --> 01:27:55.680] So the magistrate would have had to have seen one
[01:27:55.680 --> 01:28:01.680] If the magistrate issued a warrant without seeing a signed promise to appear
[01:28:01.680 --> 01:28:04.680] You file criminally against the magistrate
[01:28:04.680 --> 01:28:12.680] Possibly they could have signed my name to it or something
[01:28:12.680 --> 01:28:15.680] You'd have had to enter into a contract with him
[01:28:15.680 --> 01:28:16.680] Yeah, okay
[01:28:16.680 --> 01:28:23.680] Or else he would have had to have taken you to jail, those are his options
[01:28:23.680 --> 01:28:36.680] Or he could go to the city and petition for a warrant against you with the court
[01:28:36.680 --> 01:28:42.680] But I don't think they can issue a warrant on a Class C misdemeanor
[01:28:42.680 --> 01:28:45.680] It's a question I'd have to look at
[01:28:45.680 --> 01:28:51.680] But you probably are not going to have to go there because he will have
[01:28:51.680 --> 01:28:58.680] The ticket would have went to the city and it had an appearance date on it
[01:28:58.680 --> 01:28:59.680] Yes
[01:28:59.680 --> 01:29:04.680] And they will have issued the warrant based on the ticket
[01:29:04.680 --> 01:29:09.680] They probably didn't realize it didn't have your signature on it
[01:29:09.680 --> 01:29:11.680] Hmm, okay
[01:29:11.680 --> 01:29:15.680] Their problem, not your problem
[01:29:15.680 --> 01:29:20.680] Your problem is you never agreed to appear
[01:29:20.680 --> 01:29:29.680] So their problem is they issued a warrant for failure to appear
[01:29:29.680 --> 01:29:34.680] Now the issuance of the warrant is criminal
[01:29:34.680 --> 01:29:39.680] So you go after whoever the magistrate is for that
[01:29:39.680 --> 01:29:43.680] Without regard to the other issue, this is a whole separate issue
[01:29:43.680 --> 01:29:46.680] This is about false imprisonment
[01:29:46.680 --> 01:29:48.680] And you need to go down there and let them arrest you
[01:29:48.680 --> 01:29:52.680] Hang on, this is Randy Kelton, Deborah Stevens, Root of Law Radio
[01:29:52.680 --> 01:29:56.680] I'll call it number 512-646-1984
[01:29:56.680 --> 01:29:59.680] We'll be right back
[01:29:59.680 --> 01:30:04.680] The Bill of Rights contains the first ten amendments of our Constitution
[01:30:04.680 --> 01:30:07.680] They guarantee the specific freedoms Americans should know and protect
[01:30:07.680 --> 01:30:09.680] Our liberty depends on it
[01:30:09.680 --> 01:30:12.680] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way
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[01:30:45.680 --> 01:30:48.680] Imagine your mom and dad are getting ready for bed
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[01:30:54.680 --> 01:30:57.680] That shocking image of a third party in my parents' bed
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[01:31:00.680 --> 01:31:03.680] It protects us from being forced to share our homes with soldiers
[01:31:03.680 --> 01:31:06.680] A common demand in the days of our founding fathers
[01:31:06.680 --> 01:31:09.680] Third party, third amendment, get it?
[01:31:09.680 --> 01:31:12.680] Answer a knock at your door and guys in fatigues demand lodging
[01:31:12.680 --> 01:31:16.680] Tell them to dust off their copy of the Bill of Rights and reread the third amendment
[01:31:16.680 --> 01:31:21.680] I'm Dr. Katherine Albrecht, more news and information at KatherineAlbrecht.com
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[01:33:36.680 --> 01:33:41.680] The wicked come with temptations
[01:33:41.680 --> 01:33:47.680] They're trying to buy the whole place
[01:33:47.680 --> 01:33:52.680] They want to force new nations
[01:33:52.680 --> 01:33:58.680] Because they've fallen from grace
[01:33:58.680 --> 01:34:02.680] I will not think that way
[01:34:02.680 --> 01:34:06.680] Okay, we are back. Randy Kelton, Deborah Stevens,
[01:34:06.680 --> 01:34:09.680] We're talking to Ike in Texas
[01:34:09.680 --> 01:34:13.680] When I said going out, you ought to go down and let them arrest you
[01:34:13.680 --> 01:34:20.680] If you go down to the courthouse, to the municipal court or wherever this is out of
[01:34:20.680 --> 01:34:25.680] A warrant will say
[01:34:25.680 --> 01:34:29.680] The magistrate who issues the warrant
[01:34:29.680 --> 01:34:33.680] Will say, will order any police officer
[01:34:33.680 --> 01:34:40.680] Who encounters you to arrest this person and bring him before me
[01:34:40.680 --> 01:34:44.680] Before the magistrate who issued the warrant
[01:34:44.680 --> 01:34:49.680] Because the magistrate issues the warrant in an ex parte hearing
[01:34:49.680 --> 01:34:56.680] Someone makes accusations against you and you're not there to defend yourself
[01:34:56.680 --> 01:35:02.680] And based on the accusations, the magistrate issues a warrant
[01:35:02.680 --> 01:35:05.680] If the accusations state probable cause
[01:35:05.680 --> 01:35:09.680] So once you're arrested, you're to be taken back before the magistrate
[01:35:09.680 --> 01:35:14.680] And a proper examining trial is to be held
[01:35:14.680 --> 01:35:18.680] With both the accuser and the accused present
[01:35:18.680 --> 01:35:23.680] So you can tell your side and maybe it won't be probable cause
[01:35:23.680 --> 01:35:28.680] Well, if they arrest you
[01:35:28.680 --> 01:35:32.680] A warrant tells them to bring him before me
[01:35:32.680 --> 01:35:35.680] So you just go before the magistrate
[01:35:35.680 --> 01:35:40.680] And that renders the warrant moot
[01:35:40.680 --> 01:35:45.680] You tell the magistrate I am here
[01:35:45.680 --> 01:35:48.680] And I want you to pull that warrant
[01:35:48.680 --> 01:35:50.680] And then I want you to disqualify yourself
[01:35:50.680 --> 01:35:54.680] Because I'll be filing criminally against you for producing the warrant
[01:35:54.680 --> 01:36:00.680] I want to see the affidavit in support of the warrant
[01:36:00.680 --> 01:36:03.680] And they're going to tell you the only thing they've got is a ticket
[01:36:03.680 --> 01:36:08.680] And you want a copy of the ticket that they have
[01:36:08.680 --> 01:36:11.680] And they're likely to tell you why don't you have a copy
[01:36:11.680 --> 01:36:19.680] I want a true and correct copy of the one you have
[01:36:19.680 --> 01:36:24.680] Because you want to be able to show that it doesn't have your signature on it
[01:36:24.680 --> 01:36:26.680] Okay
[01:36:26.680 --> 01:36:31.680] Once you have that, then you file official oppression against the judge
[01:36:31.680 --> 01:36:39.680] Okay, I get arrested and where I work at, let's just say I get fired
[01:36:39.680 --> 01:36:44.680] Do I have grounds to come back to them for me to lose my job?
[01:36:44.680 --> 01:36:49.680] You better believe it
[01:36:49.680 --> 01:36:54.680] You'll have grounds big time
[01:36:54.680 --> 01:36:59.680] Because they don't put up that crap down there where I work at
[01:36:59.680 --> 01:37:09.680] Well, if they fire you for getting arrested over a ticket
[01:37:09.680 --> 01:37:19.680] Then you have a property interest in your job
[01:37:19.680 --> 01:37:22.680] If you get arrested for a drug possession or something
[01:37:22.680 --> 01:37:29.680] Even just getting arrested should in no case be sufficient grounds to terminate
[01:37:29.680 --> 01:37:31.680] You work in a place, you spend time
[01:37:31.680 --> 01:37:34.680] And the courts have ruled that you have a property interest in the job
[01:37:34.680 --> 01:37:38.680] Even though this is a right to work state
[01:37:38.680 --> 01:37:41.680] But you would probably have a claim against them
[01:37:41.680 --> 01:37:43.680] But that's not a place you want to go
[01:37:43.680 --> 01:37:46.680] That's why you go down there
[01:37:46.680 --> 01:37:49.680] And they don't really want to arrest you
[01:37:49.680 --> 01:37:53.680] And if they do, they'll do a walkthrough
[01:37:53.680 --> 01:37:56.680] And that's even better
[01:37:56.680 --> 01:38:02.680] Because then they will actually have physically taken you into custody
[01:38:02.680 --> 01:38:05.680] And if they attempt to do that, you might tell the judge
[01:38:05.680 --> 01:38:11.680] You might want to go look at that ticket before you go too far here, Bubba
[01:38:11.680 --> 01:38:15.680] You're not going to find my name on that ticket
[01:38:15.680 --> 01:38:17.680] Or my signature on the ticket
[01:38:17.680 --> 01:38:19.680] And that's most likely
[01:38:19.680 --> 01:38:24.680] When people have gone down to the courts
[01:38:24.680 --> 01:38:32.680] On classy misdemeanor, I've never heard of them arresting anybody
[01:38:32.680 --> 01:38:38.680] I did record the conversation with that city marshal today
[01:38:38.680 --> 01:38:41.680] And of course he wanted me to make a plea
[01:38:41.680 --> 01:38:43.680] And I wasn't about to do that
[01:38:43.680 --> 01:38:49.680] Whoa, file against a city marshal impersonating a judicial officer
[01:38:49.680 --> 01:38:51.680] Okay
[01:38:51.680 --> 01:38:53.680] He is not a judge
[01:38:53.680 --> 01:38:58.680] The only one you make a plea before is a judge
[01:38:58.680 --> 01:39:01.680] So file on him, that'll make him real unhappy
[01:39:01.680 --> 01:39:03.680] Because he didn't do nothing
[01:39:03.680 --> 01:39:06.680] I'm just trying to do my job here
[01:39:06.680 --> 01:39:09.680] I'm getting criminal charges filed against me
[01:39:09.680 --> 01:39:15.680] Because there's no good animal control officer over here
[01:39:15.680 --> 01:39:16.680] That'll get him excited
[01:39:16.680 --> 01:39:19.680] You create a little dissension in the ranks
[01:39:19.680 --> 01:39:21.680] I'd love to do that
[01:39:21.680 --> 01:39:24.680] I would absolutely love to do it
[01:39:24.680 --> 01:39:26.680] Okay, this is not difficult
[01:39:26.680 --> 01:39:31.680] Look up 39.03 Texas Penal Code
[01:39:31.680 --> 01:39:34.680] 39, what was that again?
[01:39:34.680 --> 01:39:37.680] 39.03
[01:39:37.680 --> 01:39:40.680] Okay
[01:39:40.680 --> 01:39:42.680] And then read that over
[01:39:42.680 --> 01:39:45.680] That's kind of a catch-all for public officials
[01:39:45.680 --> 01:39:47.680] But to clear this warrant out
[01:39:47.680 --> 01:39:51.680] You don't want to stop pulling you over for something
[01:39:51.680 --> 01:39:52.680] And then dragging you off to jail
[01:39:52.680 --> 01:39:57.680] Go down and appear before the judge and explain to the judge that
[01:39:57.680 --> 01:40:00.680] I never signed a promise to appear
[01:40:00.680 --> 01:40:04.680] So you don't have any grounds to issue the warrant
[01:40:04.680 --> 01:40:06.680] If you do that
[01:40:06.680 --> 01:40:08.680] I'm going to be filing criminal charges for the issuance of the warrant
[01:40:08.680 --> 01:40:13.680] If you arrest me, then I get to sue for false imprisonment
[01:40:13.680 --> 01:40:19.680] And that's the cause of action for which the city has no sovereign immunity
[01:40:19.680 --> 01:40:22.680] Yeah, do you think it'd be worth it doing that?
[01:40:22.680 --> 01:40:23.680] Oh yeah
[01:40:23.680 --> 01:40:25.680] Oh, you'd do it anyway
[01:40:25.680 --> 01:40:30.680] But the more they do, the larger the claim you have against them
[01:40:30.680 --> 01:40:35.680] Well, like I said, I've already been threatened today by this guy
[01:40:35.680 --> 01:40:39.680] Okay, threatened today?
[01:40:39.680 --> 01:40:43.680] Yeah, because I called him today and was talking to him
[01:40:43.680 --> 01:40:49.680] Okay, so if anybody makes a threat to your face
[01:40:49.680 --> 01:40:54.680] And they're wearing a deadly weapon prominently displaying
[01:40:54.680 --> 01:40:59.680] That gets into some really interesting charges you can make against them
[01:40:59.680 --> 01:41:01.680] It's not that we want to get them arrested
[01:41:01.680 --> 01:41:07.680] We want to remind them who the sovereign really is
[01:41:07.680 --> 01:41:12.680] And this is not about who you can bully
[01:41:12.680 --> 01:41:17.680] What you want to do is say, you want to bully somebody?
[01:41:17.680 --> 01:41:20.680] Welcome to the deep end of the pool
[01:41:20.680 --> 01:41:23.680] And you introduce them to the deep end of the pool
[01:41:23.680 --> 01:41:26.680] But not only may they lose their career
[01:41:26.680 --> 01:41:32.680] They may also wind up indicted by a grand jury
[01:41:32.680 --> 01:41:35.680] Well, I tell you what, I love y'all's program
[01:41:35.680 --> 01:41:36.680] It's great
[01:41:36.680 --> 01:41:39.680] Okay, go down there and talk to the judge
[01:41:39.680 --> 01:41:42.680] That'll probably get rid of the warrant
[01:41:42.680 --> 01:41:47.680] And only tell him it's not signed if you have to
[01:41:47.680 --> 01:41:48.680] Okay
[01:41:48.680 --> 01:41:53.680] Bushwhack is a lot more fun
[01:41:53.680 --> 01:41:55.680] You bushwhack them with the lawsuit
[01:41:55.680 --> 01:41:58.680] Okay, we do need to move along, we've got a lot of callers
[01:41:58.680 --> 01:42:01.680] Okey-doke, I appreciate all you do, thank you
[01:42:01.680 --> 01:42:04.680] Alrighty, and keep us posted on how this goes
[01:42:04.680 --> 01:42:06.680] Oh, I will
[01:42:06.680 --> 01:42:07.680] Okay, take care
[01:42:07.680 --> 01:42:08.680] Bye-bye
[01:42:08.680 --> 01:42:13.680] Okay, now we're going to go to Darlene in Florida
[01:42:13.680 --> 01:42:15.680] Hello, Ms. Darlene
[01:42:15.680 --> 01:42:17.680] Hi
[01:42:17.680 --> 01:42:18.680] Okay
[01:42:18.680 --> 01:42:20.680] What do you have for us today?
[01:42:20.680 --> 01:42:23.680] Well, I was talking to David earlier today
[01:42:23.680 --> 01:42:27.680] And he suggested that I listen to your program and call in
[01:42:27.680 --> 01:42:30.680] My home is in foreclosure
[01:42:30.680 --> 01:42:34.680] And I had hired an attorney to represent me
[01:42:34.680 --> 01:42:37.680] The only thing I would ever get from him was an invoice
[01:42:37.680 --> 01:42:39.680] When he wanted more money
[01:42:39.680 --> 01:42:41.680] I never saw a detailed billing
[01:42:41.680 --> 01:42:43.680] I never saw motions or pleadings
[01:42:43.680 --> 01:42:47.680] So, of course, when I didn't want to give him any more money
[01:42:47.680 --> 01:42:49.680] He withdrew from the case
[01:42:49.680 --> 01:42:53.680] Okay, first thing to do with this attorney
[01:42:53.680 --> 01:42:57.680] Is did he return all your documentation to you?
[01:42:57.680 --> 01:42:59.680] No, that's just what I was going to say
[01:42:59.680 --> 01:43:02.680] That when I asked for my files
[01:43:02.680 --> 01:43:04.680] I go down to pick up
[01:43:04.680 --> 01:43:08.680] The only thing that I'm given are some motions and pleadings
[01:43:08.680 --> 01:43:11.680] And when I asked where my documents were
[01:43:11.680 --> 01:43:13.680] Oh, they were destroyed
[01:43:13.680 --> 01:43:16.680] So now I didn't have anything
[01:43:16.680 --> 01:43:18.680] I go down to the court
[01:43:18.680 --> 01:43:21.680] So I could look at the file to see what was going on
[01:43:21.680 --> 01:43:25.680] I find pleadings and documents, motions
[01:43:25.680 --> 01:43:27.680] That I never even knew were going on
[01:43:27.680 --> 01:43:32.680] I see even from the attorney's office for the bank
[01:43:32.680 --> 01:43:36.680] That they filed things saying that they sent copies to me
[01:43:36.680 --> 01:43:39.680] That I was never getting any of this stuff
[01:43:39.680 --> 01:43:41.680] Okay, hang on, we're about to go to break
[01:43:41.680 --> 01:43:45.680] This is Randy Kelton, Deborah Stevens, Wheel of our Radio
[01:43:45.680 --> 01:43:48.680] We'll pick this up on the other side
[01:43:48.680 --> 01:43:50.680] Give us a call
[01:43:50.680 --> 01:43:52.680] This is our four-hour info marathon
[01:43:52.680 --> 01:43:56.680] Our call-in number, 512-646-1984
[01:43:56.680 --> 01:43:58.680] We'll be right back
[01:43:58.680 --> 01:44:02.680] You feel tired when talking about important topics like money and politics?
[01:44:02.680 --> 01:44:03.680] Sorry
[01:44:03.680 --> 01:44:06.680] Are you confused by words like the Constitution or the Federal Reserve?
[01:44:06.680 --> 01:44:07.680] What?
[01:44:07.680 --> 01:44:11.680] If so, you may be diagnosed with the deadliest disease known today, stupidity
[01:44:11.680 --> 01:44:13.680] Hi, my name is Steve Holt
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[01:44:21.680 --> 01:44:24.680] Is found in almost every home in America, the television
[01:44:24.680 --> 01:44:28.680] Unfortunately, that puts most Americans at risk of catching stupidity
[01:44:28.680 --> 01:44:29.680] But there is hope
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[01:44:35.680 --> 01:44:38.680] And because of Brave New Books, I now enjoy reading
[01:44:38.680 --> 01:44:42.680] And watching educational documentaries without feeling tired or uninterested
[01:44:42.680 --> 01:44:45.680] So if you or anybody you know suffers from stupidity
[01:44:45.680 --> 01:44:49.680] Then you need to call 512-480-2503
[01:44:49.680 --> 01:44:52.680] Or visit them in 1904, Guadalupe
[01:44:52.680 --> 01:44:54.680] Or bravenewbookstore.com
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[01:44:56.680 --> 01:45:00.680] Discernment in enlarged vocabulary and an overall increase in mental functioning
[01:45:00.680 --> 01:45:03.680] Are you the plaintiff or defendant in a lawsuit?
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[01:46:25.680 --> 01:46:32.680] Okay, we are back
[01:46:32.680 --> 01:46:35.680] Randy Kelton, Deborah Stevens, Rule of Law Radio
[01:46:35.680 --> 01:46:38.680] And we're talking to Darlene in Florida
[01:46:38.680 --> 01:46:42.680] Okay, you have a lot of issues that we will get to in a moment
[01:46:42.680 --> 01:46:45.680] I want to address the lawyer first
[01:46:45.680 --> 01:46:50.680] One of the things to consider is
[01:46:50.680 --> 01:46:56.680] Most of the time when people involved in these issues do bad things
[01:46:56.680 --> 01:47:02.680] We feel betrayed and mistreated and frustrated and angry
[01:47:02.680 --> 01:47:07.680] I'm going to suggest you take a bit different attitude
[01:47:07.680 --> 01:47:10.680] If you haven't listened to the show before
[01:47:10.680 --> 01:47:13.680] There's something I talk about here a lot
[01:47:13.680 --> 01:47:17.680] About when I go out and take on a jurisdiction
[01:47:17.680 --> 01:47:21.680] I don't do that much anymore but I used to do it quite a bit
[01:47:21.680 --> 01:47:26.680] And what I do is I got this little tar baby
[01:47:26.680 --> 01:47:28.680] And when I go to a jurisdiction
[01:47:28.680 --> 01:47:31.680] Like the last time I went down was in Tarrant County
[01:47:31.680 --> 01:47:36.680] I went to a justice of the peace and asked to see some foreclosure records
[01:47:36.680 --> 01:47:39.680] And the JP came out and said you can't look at those
[01:47:39.680 --> 01:47:44.680] You will be a security risk
[01:47:44.680 --> 01:47:47.680] And there was a bailiff standing right there
[01:47:47.680 --> 01:47:49.680] And I said to Mr. Bailiff did you hear that?
[01:47:49.680 --> 01:47:50.680] He said yes I did
[01:47:50.680 --> 01:47:52.680] Arrest that woman
[01:47:52.680 --> 01:47:58.680] He said Mr. Kelton if you create a disturbance I will arrest you
[01:47:58.680 --> 01:48:01.680] I said are you threatening me?
[01:48:01.680 --> 01:48:05.680] Well I was just saying are you threatening me?
[01:48:05.680 --> 01:48:08.680] Well no Mr. Kelton we just don't need a disturbance
[01:48:08.680 --> 01:48:09.680] He said arrest her
[01:48:09.680 --> 01:48:12.680] He said why can't arrest a judge this is her court
[01:48:12.680 --> 01:48:15.680] Oh no no you're mistaken Mr. Bailiff
[01:48:15.680 --> 01:48:18.680] It is my court
[01:48:18.680 --> 01:48:22.680] And I very generously allow her to administer it according to my rules
[01:48:22.680 --> 01:48:29.680] And my rules says all courts shall be public
[01:48:29.680 --> 01:48:31.680] She has just rendered her court not public
[01:48:31.680 --> 01:48:34.680] That's an act of official oppression, criminal violation
[01:48:34.680 --> 01:48:35.680] 3903 penal code
[01:48:35.680 --> 01:48:36.680] It's class A misdemeanor
[01:48:36.680 --> 01:48:38.680] It occurred in your sight and in your hearing
[01:48:38.680 --> 01:48:41.680] Arrest her
[01:48:41.680 --> 01:48:43.680] Oh I'm not going to arrest a judge
[01:48:43.680 --> 01:48:48.680] I said well life is filled with little decisions we all get to make some
[01:48:48.680 --> 01:48:50.680] Your turn
[01:48:50.680 --> 01:48:55.680] Are you going to arrest that judge the way you're required to under article 213 code of criminal procedure?
[01:48:55.680 --> 01:48:59.680] Are you going to shield that judge from prosecution violation of 3805 penal code
[01:48:59.680 --> 01:49:02.680] Which happens to be a felony by the way
[01:49:02.680 --> 01:49:06.680] It's your call decide
[01:49:06.680 --> 01:49:12.680] So he refused to arrest the judge and I asked him if there's a constable in the building
[01:49:12.680 --> 01:49:15.680] Oh well yes Mr. Elton I will take you down to the constable
[01:49:15.680 --> 01:49:17.680] So he takes me down to the constable
[01:49:17.680 --> 01:49:19.680] I asked the constable to arrest him
[01:49:19.680 --> 01:49:22.680] And he refused he said we don't do that
[01:49:22.680 --> 01:49:25.680] You're a certified police officer? Yes I am
[01:49:25.680 --> 01:49:26.680] Didn't do that
[01:49:26.680 --> 01:49:30.680] Well we have a policy that we don't do normal arrests
[01:49:30.680 --> 01:49:32.680] I don't care what your policy is
[01:49:32.680 --> 01:49:38.680] I got a constitution and I got a statute that says you're going to get up there and arrest that judge
[01:49:38.680 --> 01:49:40.680] And he refused
[01:49:40.680 --> 01:49:45.680] I said oh okay so I went across the street to the sheriff's department
[01:49:45.680 --> 01:49:50.680] And the constable came over while I was waiting for a sheriff to show up
[01:49:50.680 --> 01:49:56.680] He said Mr. Kelton just what is your problem? Oh I don't have a problem
[01:49:56.680 --> 01:49:59.680] Well if you don't have a problem why are you doing all this?
[01:49:59.680 --> 01:50:03.680] Oh I'm just getting everybody to touch my tar baby
[01:50:03.680 --> 01:50:06.680] He said you what? My tar baby I got this little tar baby
[01:50:06.680 --> 01:50:12.680] And the judge touched it, the bailiff touched it, and you touched it
[01:50:12.680 --> 01:50:17.680] Now I want to get the sheriff to touch it
[01:50:17.680 --> 01:50:23.680] Your lawyer touched your tar baby
[01:50:23.680 --> 01:50:25.680] And now he's stuck to it
[01:50:25.680 --> 01:50:35.680] Now you have somebody else you can sue for any harm that might come to you because of this foreclosure issue
[01:50:35.680 --> 01:50:42.680] Did he actually say that he destroyed some of your documents?
[01:50:42.680 --> 01:50:48.680] His partner which I think is his wife is the one that told me that
[01:50:48.680 --> 01:50:52.680] Because when I went to get my document I said well what is this?
[01:50:52.680 --> 01:50:57.680] Now I'd been there before and I'd seen my documents in a file
[01:50:57.680 --> 01:51:02.680] When she showed me the file she said well we scan everything and destroy it now
[01:51:02.680 --> 01:51:12.680] And what was in there was just what they gave me was copies of scanned copies of motions and pleadings that were not even everything
[01:51:12.680 --> 01:51:19.680] Did she have any of your closing documents?
[01:51:19.680 --> 01:51:23.680] She didn't give me any of that
[01:51:23.680 --> 01:51:30.680] Did you give her, you would have had to give her some documentation that was yours?
[01:51:30.680 --> 01:51:36.680] Right, I had to give her all that information on the mortgage
[01:51:36.680 --> 01:51:38.680] And she destroyed it?
[01:51:38.680 --> 01:51:40.680] Yeah
[01:51:40.680 --> 01:51:46.680] Oh wonderful, life is good
[01:51:46.680 --> 01:51:58.680] If you were listening earlier you heard Rob say that you never interfere with somebody when they're screwing up
[01:51:58.680 --> 01:52:03.680] So this is wonderful
[01:52:03.680 --> 01:52:20.680] You need to send a request to the lawyer, a written request for all of the documentation that you submitted to the lawyer when he took the case or at any time thereafter
[01:52:20.680 --> 01:52:28.680] And request a complete accounting supporting all charges made
[01:52:28.680 --> 01:52:36.680] Make sure everything you send, you send certified return receipt requested
[01:52:36.680 --> 01:52:41.680] I suggest you send it certified and regular mail
[01:52:41.680 --> 01:52:45.680] Sometimes they refuse to pick up certified
[01:52:45.680 --> 01:52:55.680] That's why you send both, if you'll probably notice when you get documentations from lawyers you'll get one regular, one certified
[01:52:55.680 --> 01:53:09.680] Reason being, if you don't pick up the certified, they can go to the court and say your honor, I sent this document to this person certified and they never picked it up
[01:53:09.680 --> 01:53:19.680] But I also sent it to them by regular mail and it didn't get returned to me by regular mail
[01:53:19.680 --> 01:53:31.680] And the courts are going to say we trust the post office and they might actually make a mistake once but they're not going to make one twice
[01:53:31.680 --> 01:53:37.680] So five days after you mail the court will presume they have it
[01:53:37.680 --> 01:53:40.680] So that's why we do that little thing
[01:53:40.680 --> 01:53:47.680] So request a complete accounting supporting all fees
[01:53:47.680 --> 01:53:49.680] You're not going to get that
[01:53:49.680 --> 01:53:55.680] Did your lawyer communicate with you regularly?
[01:53:55.680 --> 01:53:57.680] No
[01:53:57.680 --> 01:54:05.680] Okay, if you look at the American Bar Association model standards, that's something you can grieve them for
[01:54:05.680 --> 01:54:09.680] Not giving you a completing accounting, you can grieve them for
[01:54:09.680 --> 01:54:13.680] Not giving you all your records back, you can grieve them for
[01:54:13.680 --> 01:54:18.680] And for withdrawing from your case you can grieve them for it
[01:54:18.680 --> 01:54:22.680] Here's their problem
[01:54:22.680 --> 01:54:26.680] They entered into a contract with you
[01:54:26.680 --> 01:54:30.680] They entered into a contract to handle this mortgage with you
[01:54:30.680 --> 01:54:35.680] They don't get to just say well I quit
[01:54:35.680 --> 01:54:47.680] Now if you work for me and you work for me on just this contract labor and I pay you cash or whatever
[01:54:47.680 --> 01:54:50.680] You can quit anytime you want to
[01:54:50.680 --> 01:54:53.680] Because I don't have a contract with you
[01:54:53.680 --> 01:55:02.680] But if you go to work with me and you sign a contract and you agree to do a certain thing, you can't just walk away
[01:55:02.680 --> 01:55:08.680] And here's the thing to understand about a lawyer
[01:55:08.680 --> 01:55:11.680] A lawyer carried malpractice insurance
[01:55:11.680 --> 01:55:20.680] In Florida, the Florida Bar Association insures the lawyers
[01:55:20.680 --> 01:55:24.680] They don't have to carry a separate policy
[01:55:24.680 --> 01:55:28.680] And that's a wonderful thing
[01:55:28.680 --> 01:55:36.680] Because the Bar Association, when I was in Australia
[01:55:36.680 --> 01:55:41.680] The bar in Australia is called the
[01:55:41.680 --> 01:55:45.680] I'll think of the name in a minute
[01:55:45.680 --> 01:55:50.680] The Bar Association there carries all their insurance
[01:55:50.680 --> 01:55:55.680] And they take all the money paid in and they put it in this big pool
[01:55:55.680 --> 01:56:01.680] So that if somebody gets sued, they can pull, the law society is what they call it
[01:56:01.680 --> 01:56:06.680] They can pull money out of this pool and pay that claim
[01:56:06.680 --> 01:56:10.680] Well, the pool doesn't just sit there
[01:56:10.680 --> 01:56:14.680] They use the pool, they invest it in different things
[01:56:14.680 --> 01:56:18.680] They use it to support bonds for different projects
[01:56:18.680 --> 01:56:21.680] It's kind of their play money
[01:56:21.680 --> 01:56:26.680] So if you're a lawyer in New South Wales and you get sued
[01:56:26.680 --> 01:56:30.680] The law society is going to be really, really unhappy with you
[01:56:30.680 --> 01:56:33.680] Because you're messing with their play money
[01:56:33.680 --> 01:56:38.680] That's even better than if it was a private insurance company
[01:56:38.680 --> 01:56:42.680] So Florida is the same way
[01:56:42.680 --> 01:56:49.680] Then Florida indemnifies all the lawyers and they're going to have a bond that indemnifies them
[01:56:49.680 --> 01:56:53.680] And any claim against their bond is going to raise the bond rating
[01:56:53.680 --> 01:56:57.680] Okay, now let me tell you something that he did
[01:56:57.680 --> 01:57:02.680] When I had hired him, he made me sign some papers
[01:57:02.680 --> 01:57:10.680] And when he filed to withdraw because he was representing me for my commercial property in my home
[01:57:10.680 --> 01:57:15.680] What he did is those blank papers that he made me sign
[01:57:15.680 --> 01:57:20.680] He then copied one and submitted in both cases
[01:57:20.680 --> 01:57:26.680] Like he had talked to me and I had just signed something for him to withdraw
[01:57:26.680 --> 01:57:32.680] So he put in for both of those cases this paper that he had me sign that was blank
[01:57:32.680 --> 01:57:36.680] That he submitted in saying that I agreed to let him withdraw
[01:57:36.680 --> 01:57:39.680] Oh, wonderful
[01:57:39.680 --> 01:57:43.680] That's fraud
[01:57:43.680 --> 01:57:48.680] You can say, Your Honor, I don't know what this is
[01:57:48.680 --> 01:57:53.680] I did not sign that document
[01:57:53.680 --> 01:57:56.680] The one you signed was blank
[01:57:56.680 --> 01:57:57.680] Yeah
[01:57:57.680 --> 01:58:00.680] It wasn't filled out
[01:58:00.680 --> 01:58:06.680] The lawyer, that's all smoke and mirrors on part of the lawyer
[01:58:06.680 --> 01:58:10.680] Most people don't know to call them on this kind of nonsense
[01:58:10.680 --> 01:58:14.680] And even if they filled the whole thing out
[01:58:14.680 --> 01:58:19.680] That would come under the heading of something that's called unconscionable
[01:58:19.680 --> 01:58:23.680] And it makes it unenforceable
[01:58:23.680 --> 01:58:26.680] But in the end, you don't care either way
[01:58:26.680 --> 01:58:29.680] And I'll explain why when we get back on the other side
[01:58:29.680 --> 01:58:33.680] And we'll talk about the pro se from hell
[01:58:33.680 --> 01:58:37.680] This is Randy Kelton, Deborah Stevens, Rule of Law Radio
[01:58:37.680 --> 01:58:41.680] Call at number 512-646-1984
[01:58:41.680 --> 01:58:43.680] Give us a call, get in line
[01:58:43.680 --> 01:58:46.680] It begins to build up toward the end of the show
[01:58:46.680 --> 01:58:49.680] So give us a call, we'll be right back
[01:58:49.680 --> 01:58:53.680] The Bible remains the most popular book in the world
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