ROL_2013-10-04_16k_Hr1-2.timecode

[00:00.000 --> 00:09.000]  You're listening to the Liberty Beat, your daily source for Liberty news and activist
[00:09.000 --> 00:10.000]  updates.
[00:10.000 --> 00:11.000]  Online at TheLibertyBeat.com.
[00:11.000 --> 00:18.000]  John Bush here with your Liberty Beat for Friday, October 4th, 2013.
[00:18.000 --> 00:28.000]  Gold opened today at $1,318, silver at $21.76, and bitcoin is trading at $122.
[00:28.000 --> 00:32.000]  Support for the Liberty Beat comes from Brave New Books, Austin's only brick-and-mortar
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[00:49.000 --> 00:53.000]  That's S-U-N-S of LibertyMint.com.
[00:53.000 --> 00:55.000]  And now the news.
[00:55.000 --> 01:00.000]  A woman with no history of violence was shot dead in a hail of gunfire by Capitol Police
[01:00.000 --> 01:01.000]  Thursday afternoon.
[01:01.000 --> 01:06.000]  Following the death of 34-year-old Mariam Carey, her 18-month-old daughter was removed
[01:06.000 --> 01:11.000]  safely from the car that drove over a set of barricades and sped onto a driveway leading
[01:11.000 --> 01:12.000]  to the White House.
[01:12.000 --> 01:14.000]  A high-speed chase then ensued.
[01:14.000 --> 01:18.000]  According to the Associated Press, Carey's mother questions why her daughter, a dental
[01:18.000 --> 01:20.000]  hygienist, was in Washington.
[01:20.000 --> 01:24.000]  Her boss says Carey was always happy and voices disbelief that she would intentionally
[01:24.000 --> 01:25.000]  attempt violence.
[01:25.000 --> 01:30.000]  Capitol Police, despite opening fire and leaving Carey dead, say they don't believe it was
[01:30.000 --> 01:34.000]  an act of terrorism.
[01:34.000 --> 01:39.000]  A New Orleans parish grand jury has re-indicted New Orleans resident Herman Wallace in the
[01:39.000 --> 01:45.000]  1972 murder of a prison guard just two days after a federal judge overturned the terminally
[01:45.000 --> 01:50.000]  ill man's conviction and ordered him released from prison after serving more than 42 years
[01:50.000 --> 01:54.000]  in solitary confinement for armed robbery and murder.
[01:54.000 --> 01:59.000]  Herman Wallace and two others, known as the Angola Three, were placed in solitary in 1972
[01:59.000 --> 02:01.000]  following the murder of a prison guard.
[02:01.000 --> 02:05.000]  The Angola Three and their supporters say they were framed for the murder over their
[02:05.000 --> 02:09.000]  political activism as members of one of the first prison chapters of the Black Panthers.
[02:09.000 --> 02:15.000]  Herman Wallace and two others, known as the Angola Three, were placed in solitary in 1972
[02:15.000 --> 02:17.000]  following the murder of a prison guard.
[02:17.000 --> 02:21.000]  The Angola Three and their supporters say they were framed for the murder over their
[02:21.000 --> 02:25.000]  political activism as members of one of the first prison chapters of the Black Panthers.
[02:25.000 --> 02:30.000]  U.S. District Chief Judge Brian Jackson ordered Wallace released Tuesday and ordered a new
[02:30.000 --> 02:35.000]  trial because women were unconstitutionally excluded from the grand jury that indicted
[02:35.000 --> 02:37.000]  Wallace and the fatal stabbing of Brent Miller.
[02:37.000 --> 02:41.000]  Wallace's legal team said it hasn't received notice of the new indictment.
[02:41.000 --> 02:46.000]  This just in, according to activists and longtime friend of Herman Wallace, Scott Crowe, Mr.
[02:46.000 --> 02:47.000]  Wallace has passed away.
[02:47.000 --> 02:51.000]  He will be remembered for his bravery and commitment to the struggle for justice.
[02:51.000 --> 02:56.000]  Thirteen members of Anonymous were indicted by a U.S. grand jury alleging that the members
[02:56.000 --> 02:58.000]  carried out worldwide cyber attacks.
[02:58.000 --> 03:00.000]  This is the Liberty Beat.
[03:00.000 --> 03:28.000]  Bad boys, whatcha gonna do Bad boys, bad boys, whatcha gonna do
[03:28.000 --> 03:32.700]  Bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.700 --> 03:38.400]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.400 --> 03:43.900]  When you were eight and you had bad traits You'd go to school and learn the golden rules
[03:43.900 --> 03:49.200]  So why are you acting like a bloody fool? And if you get high then you must get cool
[03:49.200 --> 03:54.600]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:54.600 --> 04:00.300]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:00.300 --> 04:03.100]  You chuck it on that one, you chuck it on this one
[04:03.100 --> 04:05.800]  You chuck it on your mother and you chuck it on your father
[04:05.800 --> 04:08.500]  You chuck it on your brother and you chuck it on your sister
[04:08.500 --> 04:11.200]  You chuck it on that one and you chuck it on me
[04:11.200 --> 04:16.400]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:16.400 --> 04:22.200]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:22.200 --> 04:23.380]  Bad boys, bad boys
[04:23.380 --> 04:24.520]  Whatcha gonna do?
[04:24.520 --> 04:27.360]  Whatcha gonna do when they come for you?
[04:27.360 --> 04:28.600]  Bad boys, bad boys
[04:28.600 --> 04:30.240]  Whatcha gonna do?
[04:30.240 --> 04:33.340]  Whatcha gonna do when they come for you?
[04:33.340 --> 04:35.220]  No body now give you no break
[04:35.220 --> 04:37.460]  Police now give you no break
[04:37.460 --> 04:38.720]  That affirmed soldier
[04:38.720 --> 04:40.180]  Manna give you no break
[04:40.180 --> 04:43.840]  Not even your addres now give you no break
[04:43.840 --> 04:45.420]  Bad boys, bad boys
[04:45.420 --> 04:46.620]  Whatcha gonna do?
[04:46.620 --> 04:49.180]  Whatcha gonna do when they come for you?
[04:49.180 --> 04:50.400]  Bad boys, bad boys
[04:50.400 --> 04:51.460]  Whatcha gonna do?
[04:51.460 --> 04:52.260]  Whatcha gonna do?
[04:52.380 --> 04:54.540]  Whatcha gonna do when they come for you?
[04:54.700 --> 04:56.020]  Bad boys, bad boys
[04:56.260 --> 04:57.340]  Whatcha gonna do?
[04:57.740 --> 05:00.100]  Whatcha gonna do when they come for you?
[05:00.340 --> 05:01.340]  Bad boys, bad boys
[05:01.700 --> 05:02.900]  Whatcha gonna do?
[05:02.900 --> 05:06.900]  What you gonna do when they come for you?
[05:26.900 --> 05:29.900]  Why did you have to act so rude?
[05:29.900 --> 05:32.900]  Don't you know you're a human being?
[05:32.900 --> 05:34.900]  Born of a mother with a lover
[05:34.900 --> 05:37.900]  But father, reflection comes and reflection goes
[05:37.900 --> 05:40.900]  I know sometimes
[05:40.900 --> 05:47.900]  Hello everyone, this is Joe Esquivel, Randy Kelton and Deborah Stevens
[05:47.900 --> 05:51.900]  Coming at you tonight with Rule of Law
[05:51.900 --> 05:56.900]  And tonight we're gonna be covering a number of different topics
[05:56.900 --> 06:04.900]  So if you'd like to call in, our call in number is 512-646-1984
[06:04.900 --> 06:10.900]  And one of the things that I'd like to talk about today
[06:10.900 --> 06:18.900]  Is that today I filed with the courts and amicus
[06:18.900 --> 06:28.900]  And what that is, is that I was proffering to the courts in the district court of the Corpus Christi Division
[06:28.900 --> 06:38.900]  On behalf of Noches County, a brief as friend of the court
[06:38.900 --> 06:43.900]  So Randy, would you like to explain to everyone what an amicus is?
[06:43.900 --> 06:50.900]  An amicus curiae, amicus curiae means you're coming as a friend of the court
[06:50.900 --> 07:00.900]  Often when there is a court case where there are other parties who have an interest in the outcome
[07:00.900 --> 07:06.900]  But do not have standing before the court to join the party
[07:06.900 --> 07:14.900]  Can issue an amicus curiae, the attorney general will often issue an amicus curiae
[07:14.900 --> 07:24.900]  In a case where there are two parties where the government is not a party to the case
[07:24.900 --> 07:29.900]  But the government is concerned about the adjudication of the issue
[07:29.900 --> 07:36.900]  They will issue an amicus curiae, you have the ACLU who does this all of the time
[07:36.900 --> 07:45.900]  And just about anyone can come before the court as a friend of the court and offer an amicus curiae
[07:45.900 --> 07:53.900]  Is within the option of the court to accept the amicus curiae into the record
[07:53.900 --> 07:59.900]  And that's basically what an amicus curiae is, it's a brief, points and authorities
[07:59.900 --> 08:08.900]  It outlines the legal issues and gives case law and arguments in support of one position or another
[08:08.900 --> 08:12.900]  And that's my story and I'm sticking to it
[08:12.900 --> 08:27.900]  Okay, so the reason that I did one was because a number of counties are coming together
[08:27.900 --> 08:32.900]  And Bank of America and MERS are not happy with this
[08:32.900 --> 08:43.900]  So two days ago I had noticed that they had filed an opposition to the court for allowing the other counties to intervene
[08:43.900 --> 08:45.900]  Okay, hold on, hold on, hold on
[08:45.900 --> 08:52.900]  What was the cause of the action brought by the original petitioner?
[08:52.900 --> 08:54.900]  Who was the original petitioner?
[08:54.900 --> 08:59.900]  The original petitioner was Travis County
[08:59.900 --> 09:05.900]  Okay, so you filed an amicus in Nooches County
[09:05.900 --> 09:06.900]  Correct
[09:06.900 --> 09:08.900]  How do we get there from Travis?
[09:08.900 --> 09:10.900]  Or Nooches County, I apologize
[09:10.900 --> 09:14.900]  Travis County, here, let's go back
[09:14.900 --> 09:20.900]  Cameron County, Fort Bend County, Rockwell County, Travis County and Williamson County
[09:20.900 --> 09:26.900]  All right, we're seeking to intervene as plaintiffs along with Nooches County
[09:26.900 --> 09:30.900]  Okay, so Nooches County was the original petitioner?
[09:30.900 --> 09:32.900]  Was the plaintiff, correct
[09:32.900 --> 09:41.900]  And these petitioned to intervene as a partly similarly situated
[09:41.900 --> 09:46.900]  Correct, and Bank of America and MERS didn't like that
[09:46.900 --> 10:05.900]  Now, what caught my attention was that all of the arguments and many of the documents that are filed into all of these counties are very similar
[10:05.900 --> 10:13.900]  The only things that changes, all right, is the parties that are doing the filing
[10:13.900 --> 10:20.900]  So this is a matter in the capacity of private attorney general
[10:20.900 --> 10:21.900]  Okay
[10:21.900 --> 10:31.900]  Where Travis County and these other counties have standing in that Nooches County brought an action
[10:31.900 --> 10:45.900]  Making claims that other parties would have identical claims that could be brought before the county, but in the interest of judicial economy
[10:45.900 --> 10:52.900]  Rather than bring separate claims, they moved to intervene in the existing claim
[10:52.900 --> 11:07.900]  Correct, and what Bank of America and MERS was stating was that because the filings were late, all right, that they shouldn't be allowed to intervene
[11:07.900 --> 11:24.900]  Now, one of the things that very few people understand is that the findings and fraud and misrepresentation of the documents involved have only come of light recently, recently being this year
[11:24.900 --> 11:31.900]  Okay, hold on, filings were late. How did they establish the filings were late?
[11:31.900 --> 11:51.900]  What they were stating is that many of these counties had an opportunity at an earlier point in time, a year, two years, three years ago to file complaints against MERS or Bank of America, and they did not
[11:51.900 --> 12:09.900]  That kind of sounds like a valid argument if the filing alleges that there were filings in the court record that were
[12:09.900 --> 12:35.900]  Okay, let me back up a couple of steps. What is the claim that Nooches County is bringing before the court? Is it a claim that MERS or these banks failed to pay a filing fee for filing documents that were required to be filed?
[12:35.900 --> 12:39.900]  Or was it something else? That's the normal claim.
[12:39.900 --> 13:04.900]  They had a number of different claims and I don't have it in front of me at this time. However, the reason I'm going here is if there is a fraudulent filing in the record, and that's defined by 51-901 as a filing by some entity that had no authority to make the filing
[13:04.900 --> 13:19.900]  then the district, the county, the registrar has two days to notify the district court. So the other sides claim that this was non-timely based on the two-day time limit. That would be valid.
[13:19.900 --> 13:20.900]  And I understand that.
[13:20.900 --> 13:41.900]  Otherwise, if there is a document filed in the record and it is improper, there is a four-year time limit. After four years, if a document is filed and there's something wrong with it, it becomes corrected by the passage of time after four years.
[13:41.900 --> 13:59.900]  So if they're whining about them not doing a timely filing and they didn't fall under this two-day time limit where they didn't claim that the filing was fraudulent as defined by 51-901, then they had four years.
[13:59.900 --> 14:05.900]  And any objection to an untimely filing is frivolous.
[14:05.900 --> 14:25.900]  Well, here's basically, in a nutshell, many of the findings pertaining to fraud and misrepresentation of the documents have only come out this year because I've been writing about them.
[14:25.900 --> 14:38.900]  So many of these counties did not have an understanding to the goings-ons of the transactions as what was to take place, what did take place, and what did not take place.
[14:38.900 --> 14:51.900]  So the reason of these filings are because now more knowledge has come forth and an understanding is now where there was not an understanding a year ago.
[14:51.900 --> 15:12.900]  Okay, then it is my, if I have to understand what the nature of the suit is, you know, Dallas County filed a suit alleging that MERS failed to pay the appropriate filing fees for filings they were required to make.
[15:12.900 --> 15:25.900]  And MERS came back with a motion to dismiss claiming that the petition was frivolous because MERS was not required to make these filings, that the filings were specifically voluntary.
[15:25.900 --> 15:35.900]  And they went on to say that if they didn't make these filings, they may not have a colorable claim, but there was no requirement that they file.
[15:35.900 --> 15:51.900]  So I'm taking it that the filing here went more to the nature of the documents that were actually filed rather than the fact that they didn't file anything.
[15:51.900 --> 16:14.900]  So if that's the case, there's true statutes of limitations that are invoked, one of which is fraud, the discovery of fraud, because the courts say that it is the nature of fraud to be hidden so that the clock begins to toll when the fraud is discovered.
[16:14.900 --> 16:26.900]  And the other one is a filing in the county record has a four year time limit. So if they're under both of these, if they're under the four year time limit, then there is no issue.
[16:26.900 --> 16:36.900]  If they're within the five year claim on fraud, they're still in good shape.
[16:36.900 --> 16:50.900]  I know I've been interrupting you this whole segment, and I'll try not to on the next one, but I was just trying to get this framed so it makes sense to, we have some more knowledgeable listeners who will have these questions.
[16:50.900 --> 16:59.900]  I was just trying to cover them so that they make sense. Hang on, Mr. Eddie Kelton, Deborah Stevens, Rule of Law Radio, we'll be right back.
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[19:30.900 --> 19:57.900]  OK.
[19:57.900 --> 20:03.900]  We are back, Randy Kelton, Debra Stevens, Joe Escobel, Rule of Law Radio.
[20:03.900 --> 20:22.900]  And what went on in the last segment was Joe and I kicking back, back and forth in order to kind of give a foundation of what the nature of an amicus curiae is, who can file it and they can file it.
[20:22.900 --> 20:37.900]  And in this particular case, kind of the nature of where we stand. I'm hoping this all kind of made sense. I really like doing it this way when we kick things back and forth because people can understand a whole lot better.
[20:37.900 --> 20:48.900]  But now we've kind of established that New Jersey County didn't file the kind of pleading that Dallas County did.
[20:48.900 --> 20:56.900]  Craig Watkins filed his suit and Murs came back and claimed that his suit was frivolous.
[20:56.900 --> 21:06.900]  And when I read the suit and the response, I agreed with Murs. They were right. It was frivolous that they didn't have to make these filings.
[21:06.900 --> 21:20.900]  And it appears as though that New Jersey County was educated by that suit and others similar. And they made more specific allegations of the propriety of the filings.
[21:20.900 --> 21:40.900]  And in that case, you know, Murs may gripe and complain and the banks may gripe and complain, but they've still got this four year to five year, four year for a document filed in the record. Five years after fraud is discovered, you have to file.
[21:40.900 --> 21:56.900]  And the reason there's an extended limitations on fraud is because fraud is intended to be hidden. So they expect it to take you longer to sort it out. So now let's go to the amicus that you filed. Go ahead, Joe.
[21:56.900 --> 22:14.900]  All right. So I filed the amicus and basically this brief focuses on the ramifications of the misrepresentations of the security instrument being the deed of trust that was written by the tangible obligee.
[22:14.900 --> 22:29.900]  That should have been by the tangible obligee. Obligor. Obligor. That's the one. Hold on. That is the one Scrivener error that I have in here.
[22:29.900 --> 22:47.900]  Okay, here is this is a problem that I have with these deed of trust and it goes exactly to this. You are the one. You're the obligor. You're the one that grants the obligation to the obligee.
[22:47.900 --> 22:56.900]  But when you come and sit down at the table, you don't sign a document that you created.
[22:56.900 --> 23:05.900]  Well, all right. You're right. And I did have a thing. Correct. Right. Because here's what I I didn't say it correctly. But here's what I'm stating.
[23:05.900 --> 23:16.900]  All right. The instrument being the deed of trust was written up by the tangible obligee, the banker.
[23:16.900 --> 23:27.900]  It was not written by the homeowner. He wrote it. He gave it to the obligee, gave it to the obligor and signed this.
[23:27.900 --> 23:38.900]  This is a regular uniform form instrument. Everybody does it this way. So it's all okay.
[23:38.900 --> 23:47.900]  And the question is that you created it. The security instrument is created by the borrower, not the lender.
[23:47.900 --> 23:56.900]  But the lender is the one that actually structured the document and gave it to the borrower and asked him to sign it.
[23:56.900 --> 24:11.900]  So since the one who actually made it happen wasn't the one who created it under I forget, there's a Latin term for this.
[24:11.900 --> 24:18.900]  But any problems with this document are attributed to the ones who actually created it.
[24:18.900 --> 24:31.900]  So it's on the surface. It appears as though the obligor is the one who granted all of the concessions in the document.
[24:31.900 --> 24:39.900]  It appears as though it's his document because he's the only one that signed it. Correct. But it's not his document.
[24:39.900 --> 24:49.900]  And the lender created it, gave it to him, and gave him the impression that it was all absolutely proper and regular and all this crapola.
[24:49.900 --> 24:57.900]  And you should sign it without reading it. And everybody should understand that in a consumer transaction,
[24:57.900 --> 25:10.900]  the one who signs that document as the obligor is considered to be an unsophisticated purchaser as a matter of law.
[25:10.900 --> 25:22.900]  Even if the guy is a professional in this area, when he signs this document, he is considered by statute to be unsophisticated.
[25:22.900 --> 25:29.900]  So if there's anything wrong with this document, you don't blame the guy who signed it. You blame the guy that gave it to him.
[25:29.900 --> 25:43.900]  And you're right. And that's why the implications of misapplying the actions stated within the security instrument or the data trust are cataclysmic.
[25:43.900 --> 25:54.900]  So a question of the security instrument being a valid contract or not is there was not a meeting of the minds.
[25:54.900 --> 26:04.900]  The tangible obligi is a professional company. It deals with these issues of securitization of negotiable instruments every day.
[26:04.900 --> 26:14.900]  While the tangible obligor, through a consciousness of innocence, has not been schooled in understanding the Uniform Commercial Code or here in Texas,
[26:14.900 --> 26:18.900]  it would be the state's equivalence, which would be the Business and Commerce Code.
[26:18.900 --> 26:32.900]  And that is where the banks take advantage of the homeowner. And you said it so eloquently, you know, Randy, the banks, they knew what they were doing.
[26:32.900 --> 26:43.900]  And when they shove 80 documents at you and they say, Ray, Mr. Kelton, just X this, X this, sign here, X this, don't worry, I've read them, everything's funky-dory.
[26:43.900 --> 26:55.900]  I'm looking out for you. That could be nothing further than the truth. There is nothing further than the truth.
[26:55.900 --> 27:04.900]  And that's why. OK, OK, this goes to the fact that when you're in court, they don't speak English.
[27:04.900 --> 27:12.900]  They speak legalese. And when they say, I'm looking out for you.
[27:12.900 --> 27:26.900]  Now, that has a common meaning. But in court, it means bend over. I'm fixing to stick it to you big time.
[27:26.900 --> 27:31.900]  I couldn't agree with you more.
[27:31.900 --> 27:37.900]  So that was one of the biggest reasons why I had to get involved.
[27:37.900 --> 27:43.900]  So there was no financial gains. Nobody paid me.
[27:43.900 --> 27:55.900]  But me being a licensed private investigator through the state of Texas, I have an obligation and a fiduciary responsibility to my clients.
[27:55.900 --> 28:10.900]  So with all the misrepresentations and all of these fact-finding adventures that I've been on this year, the more that I find and the more that I bring to light.
[28:10.900 --> 28:14.900]  It just it's for the good of all.
[28:14.900 --> 28:19.900]  Has nothing to do with me. This has to do with everyone else.
[28:19.900 --> 28:30.900]  So with that being said. That was my main goal for coming into the file and coming into the court as a friend of the court.
[28:30.900 --> 28:36.900]  And. You know, once I.
[28:36.900 --> 28:48.900]  Started getting to the arguments, the arguments, whether you were in Noches County, Travis County, Williamson County, the arguments were all the same.
[28:48.900 --> 28:56.900]  The parties that are bringing these documents to all these counterfeit quarters.
[28:56.900 --> 29:05.900]  All the players playing all of the same counties across the state of Texas, across all 50 states.
[29:05.900 --> 29:10.900]  And the problem is that the courts have a presumption.
[29:10.900 --> 29:18.900]  That when something comes to the courts and the banks say, well, we did what we were supposed to do.
[29:18.900 --> 29:25.900]  The court say, oh, OK. Did you follow the rules? Yeah, we follow the rules.
[29:25.900 --> 29:36.900]  And. They're not following the rules. The rules that they're following are the rules that they decide whether they want to invoke or they don't want to invoke.
[29:36.900 --> 29:43.900]  Yes, there is a presumption of regularity.
[29:43.900 --> 29:53.900]  That's what we need to overcome and show that these are not just bankers, they are biblical money changers.
[29:53.900 --> 30:00.900]  And you can't trust them. Randy Kelton, Deborah Stevens, we'll be right back.
[30:00.900 --> 30:07.900]  Heart disease, it's the leading cause of death in the U.S. Every minute someone dies from a coronary event like a heart attack.
[30:07.900 --> 30:13.900]  I'm Dr. Catherine Albrecht and I'll be back with information that could save your life or the life of someone you love.
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[30:43.900 --> 30:47.900]  The signs of a heart attack can be subtle, but ignoring them can be deadly.
[30:47.900 --> 30:55.900]  They include shortness of breath, chest discomfort, pain in the center of the chest that lasts for more than a few minutes or goes away and comes back.
[30:55.900 --> 31:03.900]  You also feel like uncomfortable pressure, fullness, or squeezing. Discomfort or pain in one or both arms, the jaw, neck, back, or stomach.
[31:03.900 --> 31:11.900]  Some people even confuse a heart attack with indigestion. Nausea, cold sweats, or lightheadedness may also accompany a heart attack.
[31:11.900 --> 31:17.900]  If you or a loved one has any of these symptoms, get immediate medical attention. Better safe than sorry.
[31:17.900 --> 31:29.900]  This is Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:29.900 --> 31:35.900]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:35.900 --> 31:42.900]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
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[31:47.900 --> 31:52.900]  I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force pilot.
[31:52.900 --> 31:59.900]  I'm a father who lost his son. We're Americans, and we deserve the truth. Go to RememberBuilding7.org today.
[31:59.900 --> 32:04.900]  You feel tired when talking about important topics like money and politics? Boring.
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[33:02.900 --> 33:10.900]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:32.900 --> 33:59.900]  OK, we are back.
[33:59.900 --> 34:09.900]  Randy Kelton, Deborah Stevens, Joe Esquivel, Google on Radio, and we went a little overtime on the break because we were just having way too much fun.
[34:09.900 --> 34:12.900]  You guys miss all the good stuff that goes on on the break.
[34:12.900 --> 34:14.900]  OK, but now...
[34:14.900 --> 34:16.900]  We won't allow that on air, Bruce.
[34:16.900 --> 34:18.900]  Oh, OK.
[34:18.900 --> 34:21.900]  Actually, we were picking on Steve.
[34:21.900 --> 34:28.900]  OK, now we're going to kind of get into meet Joe's amicus.
[34:28.900 --> 34:43.900]  And I like the focus of it because we often don't pay direct attention to the content.
[34:43.900 --> 35:02.900]  I'm sorry, how to say this, you know, we read things and we pay attention to the details, but we seldom pay close attention to the structure, to the meta content of what we're reading.
[35:02.900 --> 35:09.900]  And Joe's amicus goes to the structure of how things are being presented.
[35:09.900 --> 35:19.900]  And lawyers get real good at tricking people and leading them into places that they normally wouldn't go.
[35:19.900 --> 35:26.900]  And Joe's going to talk about conjunctive and disjunctive verbs.
[35:26.900 --> 35:35.900]  And from my perspective, that is an excellent tool for tripping up the unscrupulous lawyers.
[35:35.900 --> 35:40.900]  Joe, you go kind of to the meat of your amicus.
[35:40.900 --> 35:41.900]  Sure.
[35:41.900 --> 35:43.900]  We're going to start at the top.
[35:43.900 --> 35:53.900]  And any time we're going to go through probably like three or four or five paragraphs, then we'll stop and we'll talk about and then we're going to continue.
[35:53.900 --> 35:54.900]  All right.
[35:54.900 --> 35:56.900]  So we're going to break this apart.
[35:56.900 --> 36:00.900]  OK, so let's start from the top one.
[36:00.900 --> 36:10.900]  The tangible obligor executes a financial contract for value, the promissory note, here and after called tangible note.
[36:10.900 --> 36:24.900]  Two, tangible obligor executes a security contract, the data trust, as security to the financial contract.
[36:24.900 --> 36:33.900]  This unilateral contract is written by the tangible obligor or the lender.
[36:33.900 --> 37:00.900]  Three, the tangible obligor, through an innocence of consciousness and not being schooled in the areas of securitization pertaining to negotiable instruments, was a participant to the misrepresentation of the transactions that were to take place within the security contract or the data trust.
[37:00.900 --> 37:17.900]  Four, verbiage from a security instrument, the data trust Covenant 20, sale of note, change of loan servicer, notice of grievance.
[37:17.900 --> 37:33.900]  The note or a partial interest in the note, together with the security instrument, can be sold one or more times without prior notice to borrower.
[37:33.900 --> 37:36.900]  OK, five.
[37:36.900 --> 37:42.900]  The word or in itself is disjunctive.
[37:42.900 --> 38:02.900]  The definition as defined in the Merriam-Webster dictionary defines the term disjunctive as expressing an alternative or opposition between the meanings of the word connected, the disjunctive conjunction or.
[38:02.900 --> 38:17.900]  Now, the banks are stating that the word or is conjunctive, meaning it is to be connected to another word.
[38:17.900 --> 38:36.900]  But if you look at this, correct.
[38:36.900 --> 38:56.900]  OK, so now.
[38:56.900 --> 39:08.900]  We're talking about conjunctive and disjunctive. Now, the banks are saying that or is conjunctive.
[39:08.900 --> 39:28.900]  Right now, this is a gross misrepresentation of the security contract, the data trust, stating that a choice could be made between the note or a partial interest of the note, with the result being the same.
[39:28.900 --> 39:41.900]  This is a legal impossibility as a security instrument, the data trust can only follow a properly secured note.
[39:41.900 --> 39:47.900]  And taking the words or and the word and.
[39:47.900 --> 39:53.900]  I put them into a math formula because it's an easy read.
[39:53.900 --> 39:58.900]  All right. So, Randy, with you being an engineer, it should be pretty easy.
[39:58.900 --> 40:01.900]  And for our listeners.
[40:01.900 --> 40:05.900]  Imagine that we're just talking basic math.
[40:05.900 --> 40:09.900]  OK, so.
[40:09.900 --> 40:17.900]  Equals the equal sign is read as equality and means equal to.
[40:17.900 --> 40:30.900]  Not equals or the non equal sign is read as not equal to.
[40:30.900 --> 40:32.900]  Hold on here. Hold on here.
[40:32.900 --> 40:34.900]  I'm sorry to step in.
[40:34.900 --> 40:39.900]  Who is that talking?
[40:39.900 --> 40:42.900]  Who is stepping over Joe?
[40:42.900 --> 40:47.900]  Whoever that is, stop.
[40:47.900 --> 40:48.900]  Great job.
[40:48.900 --> 40:49.900]  OK.
[40:49.900 --> 40:51.900]  So.
[40:51.900 --> 40:57.900]  Not equal is read as not equal to and it does not equal.
[40:57.900 --> 41:02.900]  All right. So now if we go further, if we were to say the word and.
[41:02.900 --> 41:05.900]  Equal C.
[41:05.900 --> 41:08.900]  Or does not equal and.
[41:08.900 --> 41:15.900]  But requires an A part and a B part to equal C.
[41:15.900 --> 41:24.900]  A does not equal C. B does not equal C. A plus B might equal C.
[41:24.900 --> 41:30.900]  And that's how you can look at the disjunctive word or.
[41:30.900 --> 41:38.900]  While the banks are saying that or.
[41:38.900 --> 41:43.900]  Means the same as it does not.
[41:43.900 --> 41:46.900]  It is to dissociate the words.
[41:46.900 --> 41:50.900]  It is to make them separate.
[41:50.900 --> 41:59.900]  If it were to be the same as and then you would have to let all the criminals that are in the prisons out.
[41:59.900 --> 42:02.900]  They would have been put in there.
[42:02.900 --> 42:08.900]  Using a conjunctive verb rather than a disconjunctive verb.
[42:08.900 --> 42:14.900]  So a properly secured note would have both parts attached to the note.
[42:14.900 --> 42:17.900]  Both the tangible and intangible.
[42:17.900 --> 42:22.900]  The intangible being the promise to pay or the partial interest.
[42:22.900 --> 42:26.900]  The partial interest is nothing but a transferable record.
[42:26.900 --> 42:33.900]  There is the Uniform Commercial Code Article 9 or here in Texas we're talking about the business and commerce code.
[42:33.900 --> 42:35.900]  Chapter 9 applies.
[42:35.900 --> 42:39.900]  But the local laws of jurisdiction do not apply to transferable records.
[42:39.900 --> 42:47.900]  Transferable records are void under the Uniform Electronic Transmissions Act.
[42:47.900 --> 42:52.900]  We add under 15 USC 7003.
[42:52.900 --> 42:55.900]  And as you were saying earlier, Randy.
[42:55.900 --> 43:01.900]  There is a difference between filing a copy and filing an original document.
[43:01.900 --> 43:10.900]  And I like what you were saying about taking a 35 millimeter camera down there and looking at some of these documents.
[43:10.900 --> 43:12.900]  That is that was this thing.
[43:12.900 --> 43:14.900]  Is it an electronic copy?
[43:14.900 --> 43:16.900]  Was that the real document?
[43:16.900 --> 43:22.900]  I don't believe anybody else has brought that forward in a long time.
[43:22.900 --> 43:25.900]  So it's quite interesting.
[43:25.900 --> 43:30.900]  That's something that we need to go deeper on.
[43:30.900 --> 43:40.900]  So this is Joe Esquivel, Randy Kelton, Deborah Stevens, Rule of Law Radio.
[43:40.900 --> 43:45.900]  We're talking about the amicus to read that was filed today.
[43:45.900 --> 43:49.900]  And we look forward to your phone calls in a little bit.
[43:49.900 --> 43:56.900]  You can call in at 512-646-1984.
[43:56.900 --> 44:01.900]  And we'll be right back.
[44:01.900 --> 44:02.900]  Hello.
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[44:05.900 --> 44:11.900]  And I would like to invite you to come by our store at 1904 Guadalupe Street, Suite D here in Austin, Texas.
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[44:36.900 --> 44:42.900]  That's 512-264-4043 naturespureorganics.com.
[44:42.900 --> 44:46.900]  Don't forget to like us on Facebook for information on events and our products.
[44:46.900 --> 45:00.900]  Naturespureorganics.com.
[45:00.900 --> 45:03.900]  Are you the plaintiff or defendant in a lawsuit?
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[46:13.900 --> 46:23.900]  Thank you very much.
[46:43.900 --> 47:03.900]  Thank you.
[47:03.900 --> 47:20.900]  So glad to make my living.
[47:20.900 --> 47:36.900]  We sat down to play Monopoly. We all wanted to win the game. We gave some guy endless money supply. Nothing I've been thinking in his brain. After some time, worth of my time, got beat down to them.
[47:36.900 --> 47:40.900]  Okay, we are back. Radio Telltale and David Stevens, Rule of Law Radio.
[47:40.900 --> 47:43.900]  And we're going to go back to Joe. Okay, go ahead, Joe.
[47:43.900 --> 47:59.900]  All right. Well, I was asking if you had understood the math formula that I'd come up with pertaining to disjunctive and conjunctive verbs pertaining to the word or.
[47:59.900 --> 48:04.900]  And for me, that is really a great argument.
[48:04.900 --> 48:23.900]  Okay, I really like meta comments because, you know, I study psychology and I study hypnosis and I study subliminal induction, how we affect people on a level that's out of awareness.
[48:23.900 --> 48:34.900]  And one of the most insidious things that we do is we take advantage of unstated presuppositions.
[48:34.900 --> 48:54.900]  And when we use terms in ways that tend to have meanings in common usage, people tend to accept those meanings essentially automatically.
[48:54.900 --> 49:14.900]  Life is so complex and there's so much going on, we can't do everything in conscious awareness. The studies have shown that the living mind of the human animal can only hold seven plus or minus two pieces of information in the conscious awareness at any one time.
[49:14.900 --> 49:33.900]  So we have to take in this conscious information, feed it to the inner mind and let the inner mind kind of work on it. Well, the inner mind has these rules that it follows and lawyers know how to take those rules and use them against us.
[49:33.900 --> 49:51.900]  And misrepresenting how they present information is one of the primary ways that they do that. One of the common objections you'll hear by lawyers is, objection presumes a fact not in evidence.
[49:51.900 --> 50:11.900]  For instance, if I say, Joe, when did you stop beating your wife? That presumes a fact not in evidence. Now that's really an obvious abuse of that particular situation, but there are really subtle ways of doing that.
[50:11.900 --> 50:25.900]  This is what Joe has been talking about, how the bank is presenting an either or as a and also. Is that an accurate representation, Joe?
[50:25.900 --> 50:48.900]  Well, that's totally accurate because the same argument that you had just stated, verbatim, Randy, was preferred to the Arizona Supreme Court in which the plaintiff, the banks are stating that or is a conjunctive verb, not a disjunctive verb,
[50:48.900 --> 50:55.900]  and that we should all go home and be happy about the way they've explained it and we should just accept it.
[50:55.900 --> 51:22.900]  And in fact, very few attorneys are arguing, very few attorneys. And so when I looked at it, and basically I'm looking, okay, A does not equal C, B does not equal C, A plus B might equal C. If you were to say C equals the secured instrument,
[51:22.900 --> 51:32.900]  all right, A is the note, A does not equal the secured instrument, B is the partial interest, B does not equal the secured instrument.
[51:32.900 --> 51:42.900]  A plus B, meaning the note and the partial interest or the promise to pay, might equal a secured instrument.
[51:42.900 --> 51:52.900]  So again, if you just break it down and take baby steps at, what is it that they're saying and does it apply?
[51:52.900 --> 52:04.900]  So I thought it was very important. All right. So from there, from or, we're now jumping further into the rabbit hole, Randy.
[52:04.900 --> 52:14.900]  All right. So now, eight, the security instrument, the deed of trust, could be considered fraud in the factum.
[52:14.900 --> 52:23.900]  The security instrument deed of trust cannot follow a partial interest of the tangible note.
[52:23.900 --> 52:36.900]  This is a type of fraud where misrepresentation causes one to enter a transaction without accurately realizing the risks, duties or obligations incurred.
[52:36.900 --> 52:52.900]  This can be when the maker or drawer of a negotiable instrument such as a promissory note is induced to sign the instrument without a reasonable opportunity to learn of its fraudulent character or essential terms.
[52:52.900 --> 52:57.900]  Fraud in the factum. Okay. Okay. Hold on. Let me address something there.
[52:57.900 --> 53:07.900]  It's important that we understand that this is not a contract between equals. Correct.
[53:07.900 --> 53:32.900]  In the matter of a consumer transaction, the courts have held and the legislature has passed specific legislation that says that when a person makes a, enters into a contract that is a consumer contract,
[53:32.900 --> 53:45.900]  and in this case, it's a consumer contract for the purchase of purchasing real property for the purpose of consuming that property by living inside it.
[53:45.900 --> 53:56.900]  That person by statute is presumed to be an unsophisticated purchaser.
[53:56.900 --> 54:07.900]  So these are non-equals. It places on the professional a responsibility of good faith and fair dealing.
[54:07.900 --> 54:31.900]  One of the arguments I make in the documents I put together is that the borrower exercised due diligence as an unsophisticated purchaser by only dealing with licensed professionals in whom he could hold a reasonable expectation of good faith and fair dealing.
[54:31.900 --> 54:47.900]  So to say that the consumer did not take apart this document in fine detail is a relevant argument because they did not have the capacity to do that.
[54:47.900 --> 54:52.900]  They had a reasonable expectation. You wouldn't go lie to them.
[54:52.900 --> 54:56.900]  And this is exactly what Joe's going to that they did.
[54:56.900 --> 54:58.900]  Okay, I'm going to butt out.
[54:58.900 --> 55:09.900]  Well, that's fine. And I like how you keep reiterating the correct issue because no one is ever bringing this forth.
[55:09.900 --> 55:14.900]  So what I am saying is that let's look at contract.
[55:14.900 --> 55:17.900]  Let's look at tort law.
[55:17.900 --> 55:18.900]  All right.
[55:18.900 --> 55:24.900]  Because fraud in the factum usually voids the instrument under state law.
[55:24.900 --> 55:29.900]  One could say it was never a contract to begin with.
[55:29.900 --> 55:33.900]  An example is a contract to commit a crime.
[55:33.900 --> 55:41.900]  The only distinction can be made among penalties is regarding crimes and contracts is that no one can commit.
[55:41.900 --> 55:44.900]  No one can contract to commit a crime.
[55:44.900 --> 55:46.900]  It would be void.
[55:46.900 --> 55:49.900]  And that was in state versus Baltimore.
[55:49.900 --> 56:04.900]  Okay. So you're saying that I could not enter into a valid contract or hold valid a contract that amounted to a violation of some law.
[56:04.900 --> 56:06.900]  Correct.
[56:06.900 --> 56:31.900]  For instance, say I entered into this contract that purported to be a deed of trust. But in the contract, it transferred the legal title to the property to one of the participants.
[56:31.900 --> 56:44.900]  For instance, MERS. If anybody here has a deed of trust that has MERS in it, the transfer of property rights paragraph transfers the property to the trustee.
[56:44.900 --> 56:52.900]  But the very next paragraph says that MERS does not hold beneficial interest, but only holds legal title.
[56:52.900 --> 56:58.900]  Now, wait a minute. If you give legal title to MERS, that's a grant.
[56:58.900 --> 57:03.900]  That's not a trust. And that would be in violation of law and that would render the contract void.
[57:03.900 --> 57:17.900]  But you're an un-sophisticated consumer. You're not going to understand that fine distinction in a sentence fragment in the beard in the middle of the paragraph.
[57:17.900 --> 57:21.900]  And that is the whole point.
[57:21.900 --> 57:25.900]  That's it. I mean, you hit it right on the head, Randy.
[57:25.900 --> 57:33.900]  They don't expect anyone to find or.
[57:33.900 --> 57:36.900]  They don't. They did not.
[57:36.900 --> 57:47.900]  Okay, and just for the record, this is the point at which Joe irritated me greatly.
[57:47.900 --> 57:58.900]  Because I had read this probably a hundred times and I acted from those unstated presuppositions.
[57:58.900 --> 58:10.900]  I just float along with what I thought I already knew and never really knew how to stop myself and ask this question.
[58:10.900 --> 58:16.900]  And Joe brought this question up and I really felt like a moron.
[58:16.900 --> 58:20.900]  But in the end, he stumped the chomping.
[58:20.900 --> 58:24.900]  This is why this chomp really likes to be stumped.
[58:24.900 --> 58:34.900]  I'd rather it be stumped here on the rule of law radio than once we get in the court where we have major loss, potential loss at each.
[58:34.900 --> 58:38.900]  So hang on. We will go back to this when we come back on the other side.
[58:38.900 --> 58:47.900]  Santa, Chris, Jeff, we see you there. Hang on. We will probably do one more segment on this and then we'll get to the cause.
[58:47.900 --> 59:12.900]  We'll be right back.
[59:17.900 --> 59:26.900]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation growing in Christ and how to build up the Church.
[59:26.900 --> 59:32.900]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:32.900 --> 59:39.900]  call Bibles for America toll free at 888-551-0102.
[59:39.900 --> 59:49.900]  That's 888-551-0102. Or visit us online at bfa.org.
[01:00:09.900 --> 01:00:14.900]  Online at TheLibertyBeats.com
[01:00:14.900 --> 01:00:18.900]  John Bush here with your Liberty Beat for Friday, October 4th, 2013.
[01:00:18.900 --> 01:00:27.900]  Gold opened today at $1318. Silver at $21.76 and Bitcoin is trading at $122.
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[01:00:53.900 --> 01:01:01.900]  And now the news. A woman with no history of violence was shot dead in a hail of gunfire by Capitol Police Thursday afternoon.
[01:01:01.900 --> 01:01:11.900]  Following the death of 34-year-old Mariam Carey, her 18-month-old daughter was removed safely from the car that drove over a set of barricades and sped onto a driveway leading to the White House.
[01:01:11.900 --> 01:01:20.900]  A high-speed chase then ensued. According to the Associated Press, Carey's mother questions why her daughter, a dental hygienist, was in Washington.
[01:01:20.900 --> 01:01:25.900]  Her boss says Carey was always happy and voices disbelief that she would intentionally attempt violence.
[01:01:25.900 --> 01:01:31.900]  Capitol Police, despite opening fire and leaving Carey dead, say they don't believe it was an act of terrorism.
[01:01:31.900 --> 01:01:52.900]  A New Orleans Paris grand jury has reindicted New Orleans resident Herman Wallace in the 1972 murder of a prison guard just two days after a federal judge overturned the terminally ill man's conviction and ordered him released from prison after serving more than 42 years in solitary confinement for armed robbery and murder.
[01:01:52.900 --> 01:02:00.900]  Herman Wallace and two others known as the Angola Three were placed in solitary in 1972 following the murder of a prison guard.
[01:02:00.900 --> 01:02:08.900]  The Angola Three and their supporters say they were framed for the murder over their political activism as members of one of the first prison chapters of the Black Panthers.
[01:02:08.900 --> 01:02:15.900]  Herman Wallace and two others known as the Angola Three were placed in solitary in 1972 following the murder of a prison guard.
[01:02:15.900 --> 01:02:24.900]  The Angola Three and their supporters say they were framed for the murder over their political activism as members of one of the first prison chapters of the Black Panthers.
[01:02:24.900 --> 01:02:36.900]  U.S. District Chief Judge Brian Jackson ordered Wallace released Tuesday and ordered a new trial because women were unconstitutionally excluded from the grand jury that indicted Wallace in the fatal stabbing of Brent Miller.
[01:02:36.900 --> 01:02:39.900]  Wallace's legal team said it hasn't received notice of the new indictment.
[01:02:39.900 --> 01:02:46.900]  This just in, according to activists and longtime friend of Herman Wallace, Scott Crowe, Mr. Wallace has passed away.
[01:02:46.900 --> 01:02:50.900]  He will be remembered for his bravery and commitment to the struggle for justice.
[01:02:50.900 --> 01:02:57.900]  Thirteen members of Anonymous were indicted by a U.S. grand jury alleging that the members carried out worldwide cyber attacks.
[01:02:57.900 --> 01:02:59.900]  This is the Liberty Beat.
[01:02:59.900 --> 01:03:11.900]  It's all according to the will of the Almighty.
[01:03:11.900 --> 01:03:18.900]  I read his book and it says he cares for the unsightly.
[01:03:18.900 --> 01:03:27.900]  These warm-hearted come by that term rightly.
[01:03:27.900 --> 01:03:30.900]  I won't pay for the war with my body.
[01:03:30.900 --> 01:03:34.900]  Ain't gonna pay for the car with my money.
[01:03:34.900 --> 01:03:37.900]  I won't pay for the fun with my body.
[01:03:37.900 --> 01:03:40.900]  Their friends wicked and their logic shoddy.
[01:03:40.900 --> 01:03:44.900]  Ain't gonna pay for the oil with my body.
[01:03:44.900 --> 01:03:47.900]  I won't pay for the boys with my money.
[01:03:47.900 --> 01:03:51.900]  Ain't gonna pay for the kids with my body.
[01:03:51.900 --> 01:03:55.900]  The whole agenda smells funny.
[01:03:55.900 --> 01:04:01.900]  I wanna fight in a war of my own.
[01:04:01.900 --> 01:04:03.900]  That one would be...
[01:04:03.900 --> 01:04:09.900]  Hello, this is Joe Esquivel of Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:04:09.900 --> 01:04:16.900]  And we were talking about no one can contract to commit a crime.
[01:04:16.900 --> 01:04:21.900]  And they cannot force you to commit a crime.
[01:04:21.900 --> 01:04:34.900]  Now, what the Deed of Trust states will be done and what is done are two different things.
[01:04:34.900 --> 01:04:37.900]  And it is a crime.
[01:04:37.900 --> 01:04:43.900]  So, this is very important to understand this.
[01:04:43.900 --> 01:04:53.900]  Now, the tangible obligee perfects the security instrument by filing the Deed of Trust of County Record.
[01:04:53.900 --> 01:05:04.900]  Now, under Texas Local Government Code 192.001 provides that a Deed of Trust lien may be filed to record.
[01:05:04.900 --> 01:05:12.900]  This is now prima facie evidence of what the tangible obligee intends to do.
[01:05:12.900 --> 01:05:20.900]  However, intention does not override the requirements of law.
[01:05:20.900 --> 01:05:38.900]  So, what I am talking about here is that the lender perfected the security interest when he filed the Deed of Trust at the County Recorder's Office.
[01:05:38.900 --> 01:05:46.900]  However, when he filed that Deed of Trust, he also entered into public record,
[01:05:46.900 --> 01:06:00.900]  this contract that purported that a transaction was going to take place, which was illegal, which was a legal impossibility.
[01:06:00.900 --> 01:06:04.900]  So, they cannot come back years later and say,
[01:06:04.900 --> 01:06:16.900]  my bad, we're going to use Covenant 16 pertaining to rules of severability and say we're going to take this out.
[01:06:16.900 --> 01:06:21.900]  So, they can't go back in time and undo what they've just done.
[01:06:21.900 --> 01:06:24.900]  They made it public record.
[01:06:24.900 --> 01:06:28.900]  And now this is prima facie evidence.
[01:06:28.900 --> 01:06:31.900]  Do you have anything to add on that, Randy?
[01:06:31.900 --> 01:06:39.900]  Yeah, I went to my clerk and I tried to file this document produced by Tim Turner.
[01:06:39.900 --> 01:06:45.900]  And I tried to file it because somebody else had tried to file it and the clerk refused to take it.
[01:06:45.900 --> 01:06:49.900]  And so, I went to the clerk and handed the assistant clerk the document.
[01:06:49.900 --> 01:06:51.900]  She was reading it and I said, ah-hum.
[01:06:51.900 --> 01:06:53.900]  And she ignored me.
[01:06:53.900 --> 01:06:55.900]  So, I said, ah-hum.
[01:06:55.900 --> 01:06:56.900]  And she looked up at me.
[01:06:56.900 --> 01:06:58.900]  I said, you're reading my document.
[01:06:58.900 --> 01:07:02.900]  She said, yes, don't read my document.
[01:07:02.900 --> 01:07:04.900]  File my document.
[01:07:04.900 --> 01:07:07.900]  Well, we can't file this document.
[01:07:07.900 --> 01:07:09.900]  Oh, is that a fact, Jack?
[01:07:09.900 --> 01:07:13.900]  I said, well, you might want to talk to the clerk about that.
[01:07:13.900 --> 01:07:16.900]  And she said, well, I'll take this to Sherry.
[01:07:16.900 --> 01:07:21.900]  And while she's taking it to Sherry, I saw the bailiff and it was Chet.
[01:07:21.900 --> 01:07:22.900]  I knew the guys.
[01:07:22.900 --> 01:07:23.900]  Hey, Chet, what are you doing here?
[01:07:23.900 --> 01:07:25.900]  Did they throw you out of the courthouse?
[01:07:25.900 --> 01:07:28.900]  He said, oh, yeah, I just got tired over there, so I couldn't be here for a while.
[01:07:28.900 --> 01:07:31.900]  I said, well, I'm going to need you.
[01:07:31.900 --> 01:07:35.900]  I want you to come to me when I go talk to Sherry.
[01:07:35.900 --> 01:07:36.900]  And he knew who I was.
[01:07:36.900 --> 01:07:38.900]  He said, why do you want me to talk to Sherry?
[01:07:38.900 --> 01:07:41.900]  I said, well, I may need you to arrest Sherry.
[01:07:41.900 --> 01:07:46.900]  Oh, man, don't ask me to arrest Sherry.
[01:07:46.900 --> 01:07:47.900]  Everybody loves Sherry.
[01:07:47.900 --> 01:07:51.900]  Sherry Parker is absolutely a sweetheart.
[01:07:51.900 --> 01:07:54.900]  She's one of my favorite human beings.
[01:07:54.900 --> 01:07:55.900]  But I did make him come with me.
[01:07:55.900 --> 01:07:59.900]  And when I went to her, she said, Mr. Kelton, I can't file this document.
[01:07:59.900 --> 01:08:05.900]  With all due respect, Sherry, I came here and I presented this document for filing.
[01:08:05.900 --> 01:08:13.900]  And I want to see with specific statutory authority not to file this document.
[01:08:13.900 --> 01:08:15.900]  She didn't have it.
[01:08:15.900 --> 01:08:24.900]  And, you know, the rule is under 51901, if she feels a document is invalid,
[01:08:24.900 --> 01:08:29.900]  then she has two days to notify the district judge or the district court.
[01:08:29.900 --> 01:08:34.900]  And the district court can hold a hearing and rule on the validity of the document.
[01:08:34.900 --> 01:08:37.900]  And you can ask the judge to remove it.
[01:08:37.900 --> 01:08:46.900]  And she said to me, Mr. Kelton, once a document is filed in the record,
[01:08:46.900 --> 01:08:52.900]  it can never be removed.
[01:08:52.900 --> 01:09:00.900]  I said, your problem, not my problem.
[01:09:00.900 --> 01:09:03.900]  And then I asked the judge to arrest her.
[01:09:03.900 --> 01:09:05.900]  Oh, that was so much fun.
[01:09:05.900 --> 01:09:07.900]  Sherry never did get over that.
[01:09:07.900 --> 01:09:10.900]  She couldn't believe I asked Chet to arrest her.
[01:09:10.900 --> 01:09:21.900]  But the point was, once a document is filed in the record, it can never, ever be removed.
[01:09:21.900 --> 01:09:26.900]  Now, you can file other documents that reference that document.
[01:09:26.900 --> 01:09:32.900]  For instance, if you present to the court a petition for declaratory judgment,
[01:09:32.900 --> 01:09:38.900]  asking the court to rule that that document is void and of no force in effect,
[01:09:38.900 --> 01:09:45.900]  then you can get an order filed in the record stating that that document is of no force in effect.
[01:09:45.900 --> 01:09:50.900]  But that document stays in the record forever.
[01:09:50.900 --> 01:09:53.900]  And that's the problem the courts have, that the banks have.
[01:09:53.900 --> 01:09:57.900]  They file these garbage documents.
[01:09:57.900 --> 01:10:05.900]  And now the impropriety of those documents is coming out.
[01:10:05.900 --> 01:10:09.900]  And they can't go back and get them out of there.
[01:10:09.900 --> 01:10:12.900]  So they're always there as evidence of their impropriety.
[01:10:12.900 --> 01:10:18.900]  And this is what Joe is going to say, file these documents.
[01:10:18.900 --> 01:10:24.900]  While at the time, they could weep the consumer who didn't know any better.
[01:10:24.900 --> 01:10:28.900]  Now this thing's coming back to roost on them.
[01:10:28.900 --> 01:10:33.900]  Yes. So that's entirely correct.
[01:10:33.900 --> 01:10:42.900]  That was the whole point of stating that the Dita Trust is now prima facie evidence of their intent.
[01:10:42.900 --> 01:10:46.900]  But intent does not override requirements of law.
[01:10:46.900 --> 01:10:55.900]  Now, the purpose of an assignment of Dita Trust is to memorialize the sale of the tangible note.
[01:10:55.900 --> 01:11:00.900]  It does not cause the sale.
[01:11:00.900 --> 01:11:05.900]  The sale of the tangible note would require negotiation,
[01:11:05.900 --> 01:11:14.900]  transfer and delivery of the tangible note pursuant to Texas Business Commerce Code 3203D.
[01:11:14.900 --> 01:11:20.900]  All right. Now, 3203D states,
[01:11:20.900 --> 01:11:27.900]  if a transfer purports to transfer less than the entire instrument,
[01:11:27.900 --> 01:11:33.900]  negotiation of the instrument does not occur.
[01:11:33.900 --> 01:11:42.900]  The transfer obtains no rights under this chapter and is only the rights of a partial assignee.
[01:11:42.900 --> 01:11:51.900]  The entire instrument consists of the tangible note, the intangible obligation or the partial interest,
[01:11:51.900 --> 01:11:55.900]  and the security instrument being the Dita Trust.
[01:11:55.900 --> 01:12:07.900]  Any less than this would not be an entire instrument and negotiation could not take place.
[01:12:07.900 --> 01:12:16.900]  This is defined as a document that purports to be an assignment of Dita Trust would not be eligible for recordation
[01:12:16.900 --> 01:12:25.900]  as that transaction pertaining to the transfer of instrument rights acquired by the transfer did not take place
[01:12:25.900 --> 01:12:34.900]  because when it states this is an assignment of Dita Trust,
[01:12:34.900 --> 01:12:46.900]  well, if you are only assigning the Dita Trust and that Dita Trust does not contain conditions over which
[01:12:46.900 --> 01:12:56.900]  to allow for enforcement of that instrument, you've transferred nothing.
[01:12:56.900 --> 01:13:09.900]  Okay. Okay. Hold on a second. The Dita Trust is not a document singular and of even of itself.
[01:13:09.900 --> 01:13:16.900]  The Dita Trust is merely like a page out of a mortgage.
[01:13:16.900 --> 01:13:30.900]  Correct. For a mortgage, you have a warranted deed, you have a note, and you have a deed of trust to secure the note
[01:13:30.900 --> 01:13:35.900]  to support the warranted deed. So they're all one piece.
[01:13:35.900 --> 01:13:41.900]  And by transferring the deed of trust, they've reached into the box that contains the mortgage
[01:13:41.900 --> 01:13:49.900]  and pulled a piece of that mortgage out being the deed of trust, and they transferred it to somebody else.
[01:13:49.900 --> 01:13:58.900]  That goes to Covenant 20 where the note or a portion of the note together with this security instrument.
[01:13:58.900 --> 01:14:08.900]  So here we have the security instrument not transferred together with a note of the entire note.
[01:14:08.900 --> 01:14:15.900]  Does that make sense? Makes perfect sense. At least to me it does.
[01:14:15.900 --> 01:14:26.900]  Okay. They're trying to transfer a piece of the note, and Covenant 20 goes to you have to keep these two together.
[01:14:26.900 --> 01:14:35.900]  Note, and I think I'm probably getting ahead of you. You're going to get to the point that the only thing that could be
[01:14:35.900 --> 01:14:45.900]  considered valid as concerns Covenant 20 is you could authorize the lender to sell the entire note
[01:14:45.900 --> 01:14:54.900]  together with this security instrument. That you could do because they're both part of one piece.
[01:14:54.900 --> 01:14:58.900]  You have to sell the whole puzzle. You can't sell a part of it.
[01:14:58.900 --> 01:15:05.900]  Yes. If you sell a portion of this note together with the security instrument.
[01:15:05.900 --> 01:15:11.900]  So does that mean you sell a portion of the note together with a portion of the security instrument?
[01:15:11.900 --> 01:15:16.900]  Or do you sell a portion of the note together with the entire security instrument?
[01:15:16.900 --> 01:15:28.900]  And I, as a unsophisticated consumer, under the standard whereby reasonable peace people of ordinary prudence
[01:15:28.900 --> 01:15:39.900]  could come to different conclusions concerning the verbiage, renders the verbiage vague and unenforceable.
[01:15:39.900 --> 01:15:48.900]  Correct. You must transfer the entire pie. You cannot take a piece of the pie out.
[01:15:48.900 --> 01:15:53.900]  Because then it would be less than the entire pie.
[01:15:53.900 --> 01:16:02.900]  So in order to sell a pie, you must sell the entire pie.
[01:16:02.900 --> 01:16:03.900]  Does that make sense?
[01:16:03.900 --> 01:16:17.900]  For argument's sake, let's say I assume that where this says I have a security instrument intended to secure a note.
[01:16:17.900 --> 01:16:25.900]  These two are two singular and separate and entire entities of documents in and of themselves.
[01:16:25.900 --> 01:16:34.900]  And then I authorize the lender to sell a portion of one of these instruments.
[01:16:34.900 --> 01:16:44.900]  Would that implicitly authorize me to sell a portion of the other instrument, the associated instrument?
[01:16:44.900 --> 01:16:46.900]  And we're out of time in this segment.
[01:16:46.900 --> 01:16:53.900]  We'll probably do one more and I apologize this is going much too well for us to break off now.
[01:16:53.900 --> 01:16:59.900]  Rosanna, Jeff, Jim, hang on, we'll get to you, Randy Kelton, we'll get to us.
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[01:19:23.900 --> 01:19:36.900]  Well, ain't gonna fool me with that same old trick again.
[01:19:36.900 --> 01:19:41.900]  I was blindsided but now I can see your plan.
[01:19:41.900 --> 01:19:46.900]  You put the fear in my pocket, took my lips off my ass.
[01:19:46.900 --> 01:19:50.900]  Ain't gonna fool me with that same old trick again.
[01:19:50.900 --> 01:19:54.900]  Hey, we are back. Randy Kelton, Dennis Stevens, Wheel of Honor Radio.
[01:19:54.900 --> 01:19:59.900]  And I do need to give a tribute to Chris Weiss.
[01:19:59.900 --> 01:20:02.900]  Chris Weiss is our producer.
[01:20:02.900 --> 01:20:09.900]  And he comes in here every Friday night and spends his time handling the producing board.
[01:20:09.900 --> 01:20:16.900]  So he brings us in, brings us out, handles any technical issues that we have.
[01:20:16.900 --> 01:20:22.900]  And then when we go to break, we spend the whole break abusing him, insulting him,
[01:20:22.900 --> 01:20:26.900]  and just generally giving him a hard time.
[01:20:26.900 --> 01:20:29.900]  And we have great fun at his expense.
[01:20:29.900 --> 01:20:36.900]  And I did want to on the air say how much we appreciate Chris
[01:20:36.900 --> 01:20:43.900]  and we have several other producers that give us their time at no cost.
[01:20:43.900 --> 01:20:49.900]  They contribute it to the network, they get no recognition for all the time they spend with us.
[01:20:49.900 --> 01:20:53.900]  And we absolutely appreciate it.
[01:20:53.900 --> 01:21:01.900]  And Chris, I just wanted to say to everybody how much fun I have abusing you on the breaks.
[01:21:01.900 --> 01:21:07.900]  Okay. With that said, okay, where were we, Joe?
[01:21:07.900 --> 01:21:17.900]  All right. So we were talking about the transfer of instrument rights that did not take place.
[01:21:17.900 --> 01:21:24.900]  All right. So in looking at the implied actions that were to take place within the security instrument,
[01:21:24.900 --> 01:21:33.900]  being the deed of trust, one would see that an illusion on the part of a tangible obligor
[01:21:33.900 --> 01:21:39.900]  by using fancy word crafting, all right, is what they are doing.
[01:21:39.900 --> 01:21:51.900]  They are trying to show you a magical show game when there is nothing there.
[01:21:51.900 --> 01:21:55.900]  They're stating that these transactions are taking place.
[01:21:55.900 --> 01:22:00.900]  And in fact, the transactions are not taking place.
[01:22:00.900 --> 01:22:07.900]  They're stating that everything is legal and it is not legal.
[01:22:07.900 --> 01:22:17.900]  Okay. Now, Texas has statutes pertaining to assigning enforceable rights of a security instrument being the deed of trust.
[01:22:17.900 --> 01:22:24.900]  And if the rights of the deed of trust had not been properly assigned,
[01:22:24.900 --> 01:22:31.900]  then the deed of trust lien would expire by operation of law.
[01:22:31.900 --> 01:22:41.900]  So they don't want the public to know what has not taken place.
[01:22:41.900 --> 01:22:56.900]  They lead you to believe that the transactions that are stated within this document that you give them permission to do are lawful.
[01:22:56.900 --> 01:23:17.900]  And because no one has challenged the validity of the disjunctive verb or, there is just a presumption at the courts that everything is hunky-dory, Randy.
[01:23:17.900 --> 01:23:29.900]  And as you and I both know, until challenged, the courts are going to continue to rule time and time again.
[01:23:29.900 --> 01:23:45.900]  Wait, wait, wait a bit. Wait, Joe, don't pay any attention to the man behind the curtain.
[01:23:45.900 --> 01:23:52.900]  You know, it's unfortunate, but nothing, you know, I keep thinking of that song.
[01:23:52.900 --> 01:24:00.900]  After all the crap I've learned in high school, it's a wonder I can think it all.
[01:24:00.900 --> 01:24:10.900]  And as I get older, you know, I've spent a long life of being a consummate reader.
[01:24:10.900 --> 01:24:12.900]  I read and study all the time.
[01:24:12.900 --> 01:24:23.900]  And as a result of that, now at this advanced stage, I get to think about far more sophisticated things.
[01:24:23.900 --> 01:24:33.900]  But then when I look back to the stuff they taught us in high school, it is surprising that we can think it all.
[01:24:33.900 --> 01:24:44.900]  If we accept what we were told in high school and we don't question everything,
[01:24:44.900 --> 01:24:51.900]  then we get trapped inside those things we think we know.
[01:24:51.900 --> 01:24:58.900]  And we get led down garden paths and all my time on this radio program.
[01:24:58.900 --> 01:25:03.900]  There is one primary thing that I try to do,
[01:25:03.900 --> 01:25:16.900]  and that's I try to find ways of interrupting these internal belief systems that we hold
[01:25:16.900 --> 01:25:26.900]  for which we have no objective information to show that they are too inaccurate.
[01:25:26.900 --> 01:25:33.900]  The problem with them is we hold them on a level that's outside conscious awareness,
[01:25:33.900 --> 01:25:44.900]  and it takes treatments like Joe and I have done today to help us find ways to break through those things we think we know,
[01:25:44.900 --> 01:25:51.900]  break through what we call cognitive dissonance.
[01:25:51.900 --> 01:26:02.900]  If when I go to someone and say all of those things you have held to be true and immutable,
[01:26:02.900 --> 01:26:11.900]  those things that protect you and keep you safe, they are all a lie and an illusion.
[01:26:11.900 --> 01:26:17.900]  The tendency of the human animal is to say, oh, it's not true, it's not true, it's not true.
[01:26:17.900 --> 01:26:23.900]  Everything is the way I want it to be, it's not the way you want it to be.
[01:26:23.900 --> 01:26:26.900]  It's not to mean that you don't have remedy,
[01:26:26.900 --> 01:26:37.900]  but we have a group that has reason to send you after remedy that suits their outcome, not your outcome.
[01:26:37.900 --> 01:26:47.900]  Our purpose here is to interrupt those internal, long-time learned patterns
[01:26:47.900 --> 01:26:51.900]  and send you toward a remedy that is more effective,
[01:26:51.900 --> 01:27:01.900]  and that will allow us to be the sentinels of the system the way our founders intended us to be,
[01:27:01.900 --> 01:27:09.900]  that you and I can do the hard things, stand up, accept that things aren't the way we thought they were,
[01:27:09.900 --> 01:27:13.900]  and protect the system for our children.
[01:27:13.900 --> 01:27:19.900]  This is one of those areas that has taken me a long time to get my head wrapped around all these issues.
[01:27:19.900 --> 01:27:25.900]  So if you're having difficulty getting your head wrapped around all these issues, don't feel bad about that.
[01:27:25.900 --> 01:27:37.900]  This is complex, it's orchestrated by the best legal minds out there to hoodwink you into a bunch of garbage,
[01:27:37.900 --> 01:27:42.900]  and I'm hoping that we can do our jobs to break through some of that garbage,
[01:27:42.900 --> 01:27:46.900]  and that is the very reason you brought Joe on here.
[01:27:46.900 --> 01:27:51.900]  I've been doing this show for a number of years, I have started the network,
[01:27:51.900 --> 01:28:00.900]  and I've only suggested three people for positions on the network.
[01:28:00.900 --> 01:28:11.900]  That was Larry Wiest, one guy who's in jail right now unfortunately, and Joe Esquivel,
[01:28:11.900 --> 01:28:24.900]  because he can help us break through what we think we know and replace what we think we know with what's actually going on.
[01:28:24.900 --> 01:28:32.900]  And to those guys who have been purveying the Crabola,
[01:28:32.900 --> 01:28:44.900]  you and I will become the single most dangerous thing to the perception they're trying to create.
[01:28:44.900 --> 01:28:53.900]  It doesn't take us all, two percent. Two percent will change everything.
[01:28:53.900 --> 01:28:59.900]  So we're about to go to break, but I do want to thank everybody for listening.
[01:28:59.900 --> 01:29:07.900]  And we forget sometimes to express our appreciation to our listeners.
[01:29:07.900 --> 01:29:18.900]  This is a Friday night. If you're listening to us, you turned off prime time TV.
[01:29:18.900 --> 01:29:29.900]  It occurred to me finally that holy mackerel, people who listen to us, had to turn off prime time TV, the primary hypnotic venue
[01:29:29.900 --> 01:29:34.900]  that tends to program us into senselessness when you actually listen to us.
[01:29:34.900 --> 01:29:40.900]  I take that as a great honor indeed, and I do thank you all for listening to us.
[01:29:40.900 --> 01:29:45.900]  And to those of you holding on the line, hang on a little longer.
[01:29:45.900 --> 01:29:48.900]  This is too important to interrupt at this moment.
[01:29:48.900 --> 01:29:54.900]  We'll continue with it when we get back on the other side, and we'll probably finish it up in the next segment.
[01:29:54.900 --> 01:30:00.900]  But we will get to everyone. Thank you all for listening. Hang on.
[01:30:00.900 --> 01:30:02.900]  Could the government track your every move?
[01:30:02.900 --> 01:30:08.900]  Remotely trackable driver's licenses would make it possible and usher in a nightmare surveillance society.
[01:30:08.900 --> 01:30:15.900]  I'm Dr. Catherine Albrecht, and I'll be back in a moment to tell you why citizens should say no to microchips in driver's licenses.
[01:30:15.900 --> 01:30:22.900]  Your search engine is watching you, recording all your searches and creating a massive database of your personal information.
[01:30:22.900 --> 01:30:23.900]  That's creepy.
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[01:30:45.900 --> 01:30:48.900]  RFID stands for Radio Frequency Identification.
[01:30:48.900 --> 01:30:55.900]  It's a technology that uses radio waves to communicate information through solid objects like wallets and purses.
[01:30:55.900 --> 01:31:00.900]  The Department of Homeland Security has found a way to beef up driver's licenses with the technology.
[01:31:00.900 --> 01:31:08.900]  They want to read the cards in people's wallets from up to 25 feet away and glean the identity of people whizzing by in cars at 55 miles per hour.
[01:31:08.900 --> 01:31:14.900]  The RFID-enabled driver's license, known as an enhanced driver's license, would enable total citizen tracking.
[01:31:14.900 --> 01:31:19.900]  Join me in opposing the introduction of remotely readable driver's licenses in your state.
[01:31:19.900 --> 01:31:30.900]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:30.900 --> 01:33:58.900]  OK, we are back. Sometimes I speak too quickly. We'll be coming in off the break.
[01:33:58.900 --> 01:34:06.900]  The bumper music comes in loud, and I'm supposed to wait three to five seconds before I start to speak.
[01:34:06.900 --> 01:34:11.900]  If I start to speak and the bumper music is too loud, it's my bad.
[01:34:11.900 --> 01:34:18.900]  So when I start to speak, our producer, then he slides down the bumper music.
[01:34:18.900 --> 01:34:23.900]  I'm just going to give you an idea of how this thing works, and I'm supposed to wait a little bit. Sometimes I forget.
[01:34:23.900 --> 01:34:32.900]  I get too excited. This has been a particularly great show from my perspective.
[01:34:32.900 --> 01:34:41.900]  OK, Joe is going to kind of sum up what the importance of this amicus is.
[01:34:41.900 --> 01:34:46.900]  And once we've kind of gone through that, then we will go to our callers.
[01:34:46.900 --> 01:34:56.900]  I would say, who are on the board, hang on. We will get to you. OK, Joe, you want to kind of go back to the amicus and why it's so important.
[01:34:56.900 --> 01:35:08.900]  OK, the whole purpose of this amicus curie is for me to come into the courts and say,
[01:35:08.900 --> 01:35:16.900]  Your Honor, let's look at this from a different perspective.
[01:35:16.900 --> 01:35:34.900]  Instead of being 10 feet and looking down, let's go to 30,000 feet and let's look at this entire situation from a new view.
[01:35:34.900 --> 01:35:50.900]  Because when we step outside of it, we can look and see all of the parts that are all tied together to one mortgage loan instrument.
[01:35:50.900 --> 01:36:14.900]  And that's where the problem is with the courts, because, Randy, many times the attorneys come in and they argue just the tangible promissory note or just the deed of trust instrument or just the intangible payment obligation.
[01:36:14.900 --> 01:36:32.900]  Very seldom does a party come forth articulating the arguments all in tandem, meaning you articulate your arguments pertaining to the negotiable instrument,
[01:36:32.900 --> 01:36:46.900]  the intangible promissory note, the security instrument being the deed of trust, and the intangible obligation or the promise to pay all at the same time.
[01:36:46.900 --> 01:36:58.900]  Because they are all part of the same mortgage loan instrument, they all must be articulated correctly.
[01:36:58.900 --> 01:37:04.900]  You cannot leave one hanging out in the wind because now it is less than the entire instrument.
[01:37:04.900 --> 01:37:13.900]  We need to bring it on in, all right, and look at what we're arguing.
[01:37:13.900 --> 01:37:25.900]  So my whole point of this amicus was to say to the courts, here is a new view in which to look at the documents.
[01:37:25.900 --> 01:37:30.900]  So now we're bringing about the covenant 20.
[01:37:30.900 --> 01:37:33.900]  We're bringing fraud in the factum.
[01:37:33.900 --> 01:37:37.900]  We're bringing the assignments of the deed of trust.
[01:37:37.900 --> 01:37:46.900]  We're bringing all these issues pertaining to the mortgage loan instrument.
[01:37:46.900 --> 01:37:52.900]  We're not just talking about one, we're talking about the whole enchilada.
[01:37:52.900 --> 01:38:09.900]  So that's what I wanted to have the courts, and I believe the courts will be able to articulate the arguments as to the transactions that are to take place,
[01:38:09.900 --> 01:38:14.900]  that did take place, and the transactions that did not take place.
[01:38:14.900 --> 01:38:26.900]  And that will give the courts a better understanding where they will not be forced to render decision based on a lack of knowledge.
[01:38:26.900 --> 01:38:40.900]  Because many times, as you know better than anyone else out there, Randy, the reason for this bad case law is bad pleadings, bad briefs, bad arguments.
[01:38:40.900 --> 01:38:53.900]  If you bring forth the wrong argument, Randy, I'm going to have to be forced to rule on the argument that you did or you did not bring forth.
[01:38:53.900 --> 01:38:55.900]  I can't tell you how to correctly plead it.
[01:38:55.900 --> 01:39:10.900]  I may know the answer, but I can't tell you I, being the courts and the judge, have to make a decision and finding a fact based on what you brought to the courts.
[01:39:10.900 --> 01:39:26.900]  Yes, the courts have a duty to determine the facts in accordance with the rules of evidence, then apply the law as it comes to him to the facts in the case.
[01:39:26.900 --> 01:39:31.900]  The court can't go out and do his own investigation.
[01:39:31.900 --> 01:39:33.900]  The court can't pull in his own law.
[01:39:33.900 --> 01:39:46.900]  They can to some minor degree, but primarily they must determine the facts as you bring it to them and then apply the law that you bring to them to the facts in the case.
[01:39:46.900 --> 01:39:53.900]  So when we don't do our job correctly, we don't give the judge something to work with.
[01:39:53.900 --> 01:39:56.900]  And then he doesn't give us the ruling that we want.
[01:39:56.900 --> 01:39:59.900]  We want to be upset at the judge.
[01:39:59.900 --> 01:40:04.900]  And a lot of times that's not appropriate.
[01:40:04.900 --> 01:40:10.900]  I sat as a judge in a mock trial once.
[01:40:10.900 --> 01:40:16.900]  And the guy that we were doing the mock trials for, he was being prosecuted by the state of Pennsylvania.
[01:40:16.900 --> 01:40:22.900]  And we're trying to help him find a way to handle his case so he doesn't get prosecuted.
[01:40:22.900 --> 01:40:29.900]  And he got up and he's presenting all of these patriot mythology arguments to me.
[01:40:29.900 --> 01:40:43.900]  And I'm sitting here as the judge and I'm thinking, oh, those are all well and good, but those are not issues for which I can grant you remedy.
[01:40:43.900 --> 01:40:48.900]  And I'm frustrated. I want to tell him, cut this crap out.
[01:40:48.900 --> 01:40:49.900]  Give me facts.
[01:40:49.900 --> 01:40:51.900]  Give me law.
[01:40:51.900 --> 01:41:01.900]  I actually stopped the case and told Annie that you got this guy helping you here.
[01:41:01.900 --> 01:41:13.900]  If he says one more word, I authorize you to shoot him because he's going to get you put in jail.
[01:41:13.900 --> 01:41:22.900]  Give me facts and give me law. Give me nothing else.
[01:41:22.900 --> 01:41:28.900]  He could not do that. He's in jail right now.
[01:41:28.900 --> 01:41:34.900]  And for me, it was incredibly frustrating that I was on his side.
[01:41:34.900 --> 01:41:41.900]  I wanted to rule for him, but he wasn't giving me anything I could rule on.
[01:41:41.900 --> 01:41:45.900]  So we have to be careful in that regard.
[01:41:45.900 --> 01:41:54.900]  And if there are problems with what the other side is doing, we need to be able to demonstrate to the court what the problem is.
[01:41:54.900 --> 01:41:58.900]  And that's why Joe has been so important to this show.
[01:41:58.900 --> 01:42:02.900]  He gives us those tools.
[01:42:02.900 --> 01:42:06.900]  That's my story. I'm sticking to it.
[01:42:06.900 --> 01:42:08.900]  Good.
[01:42:08.900 --> 01:42:22.900]  All right. So moving forward, as you were saying, many times these amicus cures are looked at by the judges,
[01:42:22.900 --> 01:42:37.900]  and it does offer the judge the chance to look outside of what both parties are bringing to the table in a new life, Randy.
[01:42:37.900 --> 01:42:45.900]  Exactly. The judge can accept the amicus curiae or he can reject the amicus curiae.
[01:42:45.900 --> 01:42:55.900]  But if he accepts it, then it is before the court and it is something that he can consider.
[01:42:55.900 --> 01:43:02.900]  It's important for people to understand that the court can only consider what's before the court.
[01:43:02.900 --> 01:43:08.900]  The court may know there's a really important issue that you could have brought in this case,
[01:43:08.900 --> 01:43:12.900]  that if you had brought it, I could rule in your favor.
[01:43:12.900 --> 01:43:17.900]  You didn't bring it. It's not before the court. I can't give you the ruling.
[01:43:17.900 --> 01:43:24.900]  So amicus curiae is great in this respect as it is a way if both parties are screwing up,
[01:43:24.900 --> 01:43:31.900]  a third party can come in and legally inform the court so the court can have something you can work with.
[01:43:31.900 --> 01:43:38.900]  Hang on. We're about to go to break. When we come back on the other side, we'll start taking your calls.
[01:43:38.900 --> 01:43:50.900]  This is Randy Kelton, Joe Esquivel, and Deborah Stevens with our radio, our call-in number, 512-646-1984.
[01:43:50.900 --> 01:43:59.900]  We'll pick up your calls on the other side. We'll be right back.
[01:43:59.900 --> 01:44:03.900]  You feel tired when talking about important topics like money and politics?
[01:44:03.900 --> 01:44:04.900]  Boring!
[01:44:04.900 --> 01:44:06.900]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:06.900 --> 01:44:07.900]  What?
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[01:44:59.900 --> 01:45:03.900]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:21.900 --> 01:46:23.900]  Thank you very much.
[01:46:51.900 --> 01:47:19.900]  Okay, we were back. Randy Cowenberg-Steven with the radio, and we're a little bit late coming in because we were too busy insulting the judge.
[01:47:19.900 --> 01:47:22.900]  We were too busy insulting the producer.
[01:47:22.900 --> 01:47:29.900]  We complimented him the last time in, so we owed it to him to give him a few insults.
[01:47:29.900 --> 01:47:38.900]  Okay, we are back. Now we're going to go to our calls. We're going to go to Roseanne in Ohio.
[01:47:38.900 --> 01:47:53.900]  Hello, Ms. Roseanne. I have an email from you, and it was somewhat disturbing and somewhat cryptic.
[01:47:53.900 --> 01:48:05.900]  Something apparently has gone on concerning bots. Will you kind of give us an explanation of what's going on?
[01:48:05.900 --> 01:48:16.900]  Well, I've talked to you before, Joe, about filing or claiming a lien on a bond with the judiciary for my father as the guardian.
[01:48:16.900 --> 01:48:25.900]  And I did this about two months ago, and this week I got a letter from the bond company, and I think you're going to be interested in this.
[01:48:25.900 --> 01:48:31.900]  I sent documented evidence and affidavit of facts, okay, so I had good, solid evidence.
[01:48:31.900 --> 01:48:35.900]  And they wrote me back, and I got the letter here in front of me.
[01:48:35.900 --> 01:48:49.900]  And in a nutshell, not really that long, but in a nutshell, until the judge ruled that this lawyer guardian has breached his fiduciary duty,
[01:48:49.900 --> 01:48:55.900]  I mean, there's claiming that they're not going to do anything.
[01:48:55.900 --> 01:49:06.900]  You have to produce a valid claim, Roseanne, and that's why I said if there were damages and you were to submit an invoice, all right,
[01:49:06.900 --> 01:49:11.900]  that is a completely different item, all right?
[01:49:11.900 --> 01:49:21.900]  Trying to attack the bond just on its face is not going to do you any good unless you have an order signed from the judge
[01:49:21.900 --> 01:49:29.900]  stating that there is a judgment and monetary damages are to be awarded.
[01:49:29.900 --> 01:49:34.900]  They're not going to just give away somebody's bond.
[01:49:34.900 --> 01:49:46.900]  In my case, there were monetary damages and judgments of which they tried to get, and they did take my bonds.
[01:49:46.900 --> 01:49:55.900]  So knowing how to get the bond and what you're going after are two different things.
[01:49:55.900 --> 01:49:57.900]  Does that make sense?
[01:49:57.900 --> 01:50:02.900]  Well, there's a half a million dollars missing out of my parents' state.
[01:50:02.900 --> 01:50:04.900]  Okay, okay, wait a minute.
[01:50:04.900 --> 01:50:21.900]  You have to understand, Roseanne, the bond company, it is their purpose to collect money to provide the bond while at the same time not pay the bond.
[01:50:21.900 --> 01:50:26.900]  So they're going to do everything they can to keep from having to pay a bond.
[01:50:26.900 --> 01:50:41.900]  And if the only thing that I would suspect that you can claim against the judge is after the judge has rendered a specific ruling,
[01:50:41.900 --> 01:50:54.900]  and you can't, you know, if you're in the process of a case and you haven't had a ruling by the court that affected harm, then you don't have a claim.
[01:50:54.900 --> 01:51:00.900]  And then if you do, the bond company is going to do everything they can to keep from having to pay the claim.
[01:51:00.900 --> 01:51:04.900]  You can't expect that.
[01:51:04.900 --> 01:51:09.900]  So in reading through your email, for me, it was a bit cryptic.
[01:51:09.900 --> 01:51:19.900]  Will you kind of give us a statement of what the claim is that you have against the judge?
[01:51:19.900 --> 01:51:29.900]  Now, with that said, a claim that is ripe, you understand what I mean by ripe?
[01:51:29.900 --> 01:51:34.900]  If you mean by judgment, a judgment from the court, I know I have that.
[01:51:34.900 --> 01:51:35.900]  Yeah, okay.
[01:51:35.900 --> 01:51:36.900]  It has to be final.
[01:51:36.900 --> 01:51:37.900]  Okay.
[01:51:37.900 --> 01:51:39.900]  It can't be something that's in process.
[01:51:39.900 --> 01:51:40.900]  Okay, okay.
[01:51:40.900 --> 01:51:41.900]  Can you kind of explain that to us?
[01:51:41.900 --> 01:51:45.900]  That way we'll be better be able to talk about it.
[01:51:45.900 --> 01:51:52.900]  In January, I filed a removal on this guardian and I titled it breach of judiciary duty and I put the inventory,
[01:51:52.900 --> 01:52:01.900]  I put all the finances in of what was in the estate and he's putting it in his inventory, his inventory, and it's short $250,000 just on the assets.
[01:52:01.900 --> 01:52:09.900]  I put that in in January and it's still sitting, continued in the court.
[01:52:09.900 --> 01:52:10.900]  It's still sitting.
[01:52:10.900 --> 01:52:11.900]  Okay.
[01:52:11.900 --> 01:52:12.900]  And it continues.
[01:52:12.900 --> 01:52:13.900]  Okay.
[01:52:13.900 --> 01:52:15.900]  Hold on, hold on.
[01:52:15.900 --> 01:52:16.900]  You put in an inventory.
[01:52:16.900 --> 01:52:17.900]  I put in a removal.
[01:52:17.900 --> 01:52:21.900]  What was supposed to happen because of that inventory?
[01:52:21.900 --> 01:52:30.900]  I put in a removal of the guardian for breach of judiciary duty in January of this year and I put in there why, I put in the loss of the estate.
[01:52:30.900 --> 01:52:31.900]  Okay.
[01:52:31.900 --> 01:52:32.900]  Hold on, hold on.
[01:52:32.900 --> 01:52:46.900]  Did you contact the court coordinator, the judge's secretary essentially, sometimes they call her a clerk, sometimes they call her a coordinator,
[01:52:46.900 --> 01:52:52.900]  but essentially there's a secretary for the judge who keeps the judge's calendar.
[01:52:52.900 --> 01:53:02.900]  Did you contact that person and request that this action that you filed to be put on for hearing?
[01:53:02.900 --> 01:53:03.900]  Yeah.
[01:53:03.900 --> 01:53:06.900]  In fact, the judge has even brought the issue up where I'm going to continue this.
[01:53:06.900 --> 01:53:07.900]  I'm going to continue this.
[01:53:07.900 --> 01:53:10.900]  This is all he says.
[01:53:10.900 --> 01:53:14.900]  So it's very much out front.
[01:53:14.900 --> 01:53:17.900]  My sister also put one in too.
[01:53:17.900 --> 01:53:31.900]  Okay. If you have reason to believe that the judge is continuing an issue that he has a duty to hear and he's continuing without cause,
[01:53:31.900 --> 01:53:42.900]  then this would be an issue for a petition for writ of mandamus to a higher court ordering the judge to hear the issue.
[01:53:42.900 --> 01:53:45.900]  Have you looked into that?
[01:53:45.900 --> 01:53:47.900]  Yeah. Well, I filed a writ of mandamus before.
[01:53:47.900 --> 01:53:49.900]  I filed everything before.
[01:53:49.900 --> 01:53:53.900]  I'm tired of filing all this stuff to get these people to do what they've got to do.
[01:53:53.900 --> 01:53:56.900]  Then why are we even talking about this?
[01:53:56.900 --> 01:54:01.900]  Well, I'm just saying it's tiring to, you know, have to keep doing all this to get them to do their job.
[01:54:01.900 --> 01:54:09.900]  I understand it's tiring, and that's what sets those who win apart from those who don't.
[01:54:09.900 --> 01:54:14.900]  Do you really think that the judge doesn't understand how tiring it is?
[01:54:14.900 --> 01:54:15.900]  I know. I know.
[01:54:15.900 --> 01:54:25.900]  You think he doesn't know that if he just does his crap all along enough, you'll get tired of fighting this because it's too emotionally strained,
[01:54:25.900 --> 01:54:29.900]  just draining, and you'll give up on it?
[01:54:29.900 --> 01:54:31.900]  I do.
[01:54:31.900 --> 01:54:36.900]  Have you filed a judicial conduct complaint against the judge?
[01:54:36.900 --> 01:54:42.900]  Actually, I filed that affidavit of disqualification in May and June, and they-
[01:54:42.900 --> 01:54:46.900]  Hold on. Hold on. Affidavit with qualifications. What does that mean?
[01:54:46.900 --> 01:54:49.900]  Affidavit of disqualification.
[01:54:49.900 --> 01:54:52.900]  Oh, of disqualification. Okay.
[01:54:52.900 --> 01:54:54.900]  You're in Ohio.
[01:54:54.900 --> 01:54:55.900]  Right.
[01:54:55.900 --> 01:55:00.900]  What is the law concerning disqualification in Ohio?
[01:55:00.900 --> 01:55:05.900]  I looked it up at the time. I don't have it here in front of me right now, but I followed all the guidelines.
[01:55:05.900 --> 01:55:07.900]  It wasn't anything like that.
[01:55:07.900 --> 01:55:15.900]  It has to be for bias and prejudice, and nothing has to be set for hearing within so many days,
[01:55:15.900 --> 01:55:18.900]  I forget what it is now, whatever it was.
[01:55:18.900 --> 01:55:21.900]  So I followed all the requirements.
[01:55:21.900 --> 01:55:28.900]  I did an affidavit of facts form, and the highest Supreme Court just ignored it.
[01:55:28.900 --> 01:55:29.900]  They denied it.
[01:55:29.900 --> 01:55:30.900]  Okay. Okay.
[01:55:30.900 --> 01:55:36.900]  Did you file criminal charges against the judge who was required to act?
[01:55:36.900 --> 01:55:40.900]  Well, you know, that's what I'm getting ready, and I've got them actually filled out.
[01:55:40.900 --> 01:55:43.900]  That's another thing I've been talking about.
[01:55:43.900 --> 01:55:50.900]  This is the only way when, you know, these guys, they don't want to screw their buddies that they work with.
[01:55:50.900 --> 01:55:52.900]  I mean, they work with these guys all the time.
[01:55:52.900 --> 01:55:57.900]  You can't expect this judge to want us to go after a judge he works with.
[01:55:57.900 --> 01:55:58.900]  Right.
[01:55:58.900 --> 01:56:07.900]  The only way you're going to get him to do that is give him plausible deniability by kicking his behind.
[01:56:07.900 --> 01:56:13.900]  So this is kind of the strategy I use when I'm dealing with public officials.
[01:56:13.900 --> 01:56:24.900]  I never, ever want the one I'm asking to do something to do what I'm asking him to do,
[01:56:24.900 --> 01:56:37.900]  because before I ask him to do something, I've already done my research to see how I can kick him right square in his political pants when he doesn't.
[01:56:37.900 --> 01:56:45.900]  So I go to him and ask him to do something, and he refuses to do it.
[01:56:45.900 --> 01:57:00.900]  Well, you know, they deal with people all the time, and they know how to take those people who would go against them and exhaust their anger and frustration
[01:57:00.900 --> 01:57:11.900]  and turn their anger and frustration into depression and rejection and betrayal and get them to just give up and walk away.
[01:57:11.900 --> 01:57:12.900]  They know how to do that.
[01:57:12.900 --> 01:57:13.900]  Yeah.
[01:57:13.900 --> 01:57:16.900]  So they use those techniques against you.
[01:57:16.900 --> 01:57:22.900]  So I'm offering the technique to counter that.
[01:57:22.900 --> 01:57:30.900]  You never want the judge to do what you're asking him to do, because it's like you're standing here with a sledgehammer,
[01:57:30.900 --> 01:57:36.900]  and you're holding it up in the air, and you're holding out this offer to him.
[01:57:36.900 --> 01:57:46.900]  Say, here, Bubba, I want you to do this, but you really don't want him to, because when he doesn't, you're going to whack him.
[01:57:46.900 --> 01:57:50.900]  I've got to get to that point where I can whack him.
[01:57:50.900 --> 01:57:51.900]  Say that again.
[01:57:51.900 --> 01:57:54.900]  I've got to get to that point where I can whack him.
[01:57:54.900 --> 01:58:07.900]  Okay, well, look at what he is supposed to do. If he fails to perform a duty he is required to perform, in every state,
[01:58:07.900 --> 01:58:11.900]  there is a law that reflects 18 U.S. Code 242.
[01:58:11.900 --> 01:58:15.900]  And that says, when a public official fails to perform a duty he is required to perform,
[01:58:15.900 --> 01:58:21.900]  and in the process to deny the citizen full free access to a joint right, that's a criminal act.
[01:58:21.900 --> 01:58:25.900]  That's a catch-all. And I use that all the time.
[01:58:25.900 --> 01:58:29.900]  We're about to go to break. I'll explain to you how I use it when we come back.
[01:58:29.900 --> 01:58:30.900]  Okay.
[01:58:30.900 --> 01:58:34.900]  And this is probably the most powerful thing you can do.
[01:58:34.900 --> 01:58:35.900]  Okay.
[01:58:35.900 --> 01:58:40.900]  This is Randy Kelton, Deborah Stevens, Joe Esquivel, Rule of Law Radio.
[01:58:40.900 --> 01:58:49.900]  I call at number 512-646-1984. We'll be taking calls the rest of the show. We'll be right back.
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