ROL_2013-12-13_16k_Hr1-2.timecode

[00:00.000 --> 00:07.600]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.600 --> 00:08.600]  at thelibertybeat.com.
[00:08.600 --> 00:14.200]  I'm Brian Higgin with your Liberty Beat for Friday, December 13, 2013.
[00:14.200 --> 00:24.600]  Gold opened today at $1,231, silver opened at $19.48, and Bitcoin is trading at $876.89.
[00:24.600 --> 00:29.240]  Support for the Liberty Beat comes from Brave New Books, your local source for One World
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[00:38.720 --> 00:43.440]  Support also comes from Central Texas Gun Works, CHL courses, self-defense training,
[00:43.440 --> 00:47.900]  and firearm sales, online at centraltexasgunworks.com.
[00:47.900 --> 00:52.800]  In the news, an American man who disappeared more than six years ago in Iran had been working
[00:52.800 --> 00:54.240]  for the CIA.
[00:54.240 --> 00:59.240]  The Washington Times reports, retired FBI agent Robert Levinson was involved in a rogue
[00:59.240 --> 01:02.120]  operation that led to a major CIA shake-up.
[01:02.120 --> 01:07.360]  After events, CIA officials told Congress and closed door hearings, as well as the FBI,
[01:07.360 --> 01:10.560]  that Levinson did not have a current relationship with the agency.
[01:10.560 --> 01:15.080]  Documents later surfaced indicating Levinson was sent to Iran by CIA analysts who had no
[01:15.080 --> 01:20.320]  authority to run overseas operations.
[01:20.320 --> 01:25.000]  On Thursday evening, the White House said President Obama is concerned with media protests
[01:25.000 --> 01:27.840]  regarding limited press access to events.
[01:27.840 --> 01:33.520]  In the past couple of weeks, a number of organizations sent Press Secretary Jay Carney a letter protesting
[01:33.520 --> 01:37.800]  what they say amounted to nothing more than government propaganda in the form of pre-approved
[01:37.800 --> 01:43.520]  images taken by the White House staff.
[01:43.520 --> 01:48.240]  A middle school student in Virginia is suspended for playfully pretending to shoot an arrow
[01:48.240 --> 01:49.680]  at a fellow student.
[01:49.680 --> 01:53.840]  Along with the suspension, the district has threatened expulsion under the school's weapons
[01:53.840 --> 01:54.840]  policy.
[01:54.840 --> 01:56.440]  The arrow was imaginary.
[01:56.440 --> 02:01.040]  The Virginia-based civil liberties organization, the Rutherford Institute, has stepped in.
[02:01.040 --> 02:05.920]  According to Fox 43, the superintendent has been asked to rescind the suspension and remove
[02:05.920 --> 02:10.040]  all references to the incident from the 10-year-old boy's permanent school record.
[02:10.040 --> 02:14.960]  And a quick reminder, the recently formed Alliance of Austin Aggress will hold a meetup
[02:14.960 --> 02:19.640]  Saturday evening from 6 until 10 o'clock at Austin's Brave New Books.
[02:19.640 --> 02:26.480]  George Donnelly, founder of Shield Mutual, will be the special guest.
[02:26.480 --> 02:28.960]  Support for the Liberty Meet comes from Cabo Bops.
[02:28.960 --> 02:33.760]  Check out their new location at 29th and Rio Grande between Guadalupe and Lamar.
[02:33.760 --> 02:39.280]  Call them at 512-432-1111 or online at cabobobs.com.
[02:39.280 --> 02:43.840]  Support for the Liberty Meet also comes from World on a String at the Airstream Boutique.
[02:43.840 --> 02:47.680]  Visit them at the Trail of Lights December 8th through December 22nd.
[02:47.680 --> 02:52.960]  Now accepting Bitcoin online, worldonastring.us.
[02:52.960 --> 02:56.360]  This is the Liberty Meet for Friday, December 13th.
[02:56.360 --> 03:22.440]  Make sure you check out the website at thelibertymeet.com.
[03:26.920 --> 03:30.000]  Bad boys, bad boys, whatcha gonna do?
[03:30.000 --> 03:32.400]  Whatcha gonna do when they come for you?
[03:32.400 --> 03:35.480]  Bad boys, bad boys, whatcha gonna do?
[03:35.480 --> 03:38.080]  Whatcha gonna do when they come for you?
[03:38.080 --> 03:43.520]  When you were eight and you had bad traits, you'd go to school and learn the golden rule.
[03:43.520 --> 03:46.240]  So why are you acting like a bloody fool?
[03:46.240 --> 03:48.880]  If you get fucked then you must get cool.
[03:48.880 --> 03:51.800]  Bad boys, bad boys, whatcha gonna do?
[03:51.800 --> 03:54.320]  Whatcha gonna do when they come for you?
[03:54.320 --> 03:57.280]  Bad boys, bad boys, whatcha gonna do?
[03:57.280 --> 04:00.000]  Whatcha gonna do when they come for you?
[04:00.000 --> 04:02.760]  You took it on that one, you took it on this one.
[04:02.760 --> 04:05.520]  You took it on your mother and you took it on your father.
[04:05.520 --> 04:07.000]  You took it on your brother and you took it on your sister.
[04:07.000 --> 04:08.000]  Howdy, howdy.
[04:08.000 --> 04:17.600]  It is Friday the 13th, December 2013.
[04:17.600 --> 04:19.280]  Another year almost gone.
[04:19.280 --> 04:22.000]  They say it's not a lucky day.
[04:22.000 --> 04:23.880]  Let's see if we can change that.
[04:23.880 --> 04:29.160]  Well, I guess if you're not one of the Templars, you might be okay.
[04:29.160 --> 04:31.920]  Okay, good point.
[04:31.920 --> 04:43.040]  Friday the 13th is, as being an unlucky day came from, I think it was 1311, when the King
[04:43.040 --> 04:49.080]  of France decided that the Templars were getting too powerful and he was broke.
[04:49.080 --> 04:54.120]  They had a lot of money, so they trumped up a bunch of charges against them and went in
[04:54.120 --> 04:58.160]  and collected them all up and killed a whole bunch of them.
[04:58.160 --> 05:02.600]  So it wasn't a very lucky day for the Templars, nope.
[05:02.600 --> 05:09.440]  But anyways, it's Friday the 13th of December 2013.
[05:09.440 --> 05:17.000]  We have Joe Esquivel, Steve Skidmore in the background, this is Randy Kelton.
[05:17.000 --> 05:21.320]  I did want to start out by talking about Robert Fox.
[05:21.320 --> 05:29.560]  A lot of you know Robert Fox and he's been through some serious tribulations down in
[05:29.560 --> 05:31.360]  Cherokee County.
[05:31.360 --> 05:39.280]  Well, when he went to court, he was fighting them on the 11th charge they had brought.
[05:39.280 --> 05:41.880]  He won them all.
[05:41.880 --> 05:44.680]  They convicted him on this one.
[05:44.680 --> 05:52.040]  He won all 10 and they convicted him on the 11th and then immigration picked him up and
[05:52.040 --> 06:01.480]  they were trying to deport him and the Court of Appeals came back and threw out the conviction.
[06:01.480 --> 06:11.240]  And within days, Judge Craig Fletcher, the one I had to run in with, resigned as a result
[06:11.240 --> 06:17.960]  of the completion of an investigation by the Texas Rangers.
[06:17.960 --> 06:18.960]  That's good news.
[06:18.960 --> 06:19.960]  Great news.
[06:19.960 --> 06:22.600]  Yes, he just walked away.
[06:22.600 --> 06:26.280]  Well, I am hoping.
[06:26.280 --> 06:33.920]  I will be going to the Attorney General seeking the investigation materials because the investigation
[06:33.920 --> 06:40.840]  is apparently closed and the Attorney General took no criminal action against the judge
[06:40.840 --> 06:48.600]  and I think what they did was agreed not to pursue him criminally if he resigned.
[06:48.600 --> 06:53.360]  Well, here's my position.
[06:53.360 --> 06:58.960]  Just where in heck did you get authority to do that?
[06:58.960 --> 07:08.520]  Mr. I want to be Governor, the way I read Article 2.03 Texas Code of Criminal Procedure,
[07:08.520 --> 07:18.880]  if a prosecuting attorney and in this case under Texas Penal Code 39.015, the Attorney
[07:18.880 --> 07:25.640]  General is in fact the prosecuting attorney of original jurisdiction as in the matter
[07:25.640 --> 07:33.360]  of criminal accusations against a public official, the Attorney General has concurrent jurisdiction
[07:33.360 --> 07:36.220]  with prosecuting attorney.
[07:36.220 --> 07:42.000]  So he has original jurisdiction in matters of complaints against a public official and
[07:42.000 --> 07:46.640]  when a prosecuting attorney is made known in any manner that a public official was violated
[07:46.640 --> 07:50.440]  a law related to his office, he shall reduce complaint to an information submitted to the
[07:50.440 --> 07:51.440]  grand jury.
[07:51.440 --> 07:55.280]  It does not say made, might or can if he wants to.
[07:55.280 --> 07:59.280]  Or make plea bargain.
[07:59.280 --> 08:03.640]  Plea bargain is different.
[08:03.640 --> 08:18.240]  What they can do if it's with you or me, not a public official, must give it to the grand
[08:18.240 --> 08:20.560]  jury.
[08:20.560 --> 08:29.160]  So I will charge him with obstruction of justice and shielding from prosecution if I find what
[08:29.160 --> 08:30.960]  I expect to find.
[08:30.960 --> 08:41.080]  What I'm hoping is you see almost a year ago I filed 35 criminal charges against all manner
[08:41.080 --> 08:50.000]  of public officials in Cherokee County including Judge Fletcher, Judge Pfeiffer, the head administrative
[08:50.000 --> 09:04.840]  judge of the district, John Ovard, the prosecuting attorney, Craig Caldwell, Elmer, I forget
[09:04.840 --> 09:10.640]  his name now, the district attorney, the county attorney, I filed on everybody.
[09:10.640 --> 09:19.040]  I filed them with the Chief Justice of the Supreme, Texas, and he refused to take act
[09:19.040 --> 09:22.480]  date due his duty as a magistrate.
[09:22.480 --> 09:29.000]  Now it can hardly be construed that the Chief Justice of the Supreme was somehow ignorant
[09:29.000 --> 09:41.680]  of his duty because Article 2.09 Texas Code of Criminal Procedure titled Who Are Magistrates?
[09:41.680 --> 09:47.540]  First one, Justice is of the Supreme Court.
[09:47.540 --> 09:51.720]  So he was a magistrate, I invoked his duty as a magistrate, he failed to perform his
[09:51.720 --> 09:56.760]  duty, so I filed criminal charges against him with the district attorney.
[09:56.760 --> 10:03.040]  And I suspect what happened is when the district attorney got the criminal accusations against
[10:03.040 --> 10:09.960]  the Chief Justice, they called the Chief Justice's office and told him this jack-leg Randy Kelton
[10:09.960 --> 10:15.720]  down here has caused more trouble again, he's filing criminal charges against you.
[10:15.720 --> 10:22.160]  And I have no doubt that when that occurred, the Chief Justice probably hadn't even seen
[10:22.160 --> 10:24.580]  these complaints.
[10:24.580 --> 10:30.360]  He looked at them and he sent the Texas Rangers to look into it because he would have probably
[10:30.360 --> 10:37.960]  wanted to assess the potential political damage I could do to it.
[10:37.960 --> 10:47.720]  So I am hoping that that instigated the investigation against these guys that got the last of the
[10:47.720 --> 10:54.080]  chumps out of office, Craig Fletcher.
[10:54.080 --> 11:01.360]  So I'll be back after a moment, now Robert is still in immigration lockup, but he has
[11:01.360 --> 11:13.720]  to wait 30 days until this decision by the Texas Court of Appeals becomes final because
[11:13.720 --> 11:26.040]  the state has 30 days to appeal before the judges, are they justices or judges?
[11:26.040 --> 11:30.480]  I think they're judges, the Court of Appeals, I think they're judges.
[11:30.480 --> 11:32.080]  I believe they are.
[11:32.080 --> 11:36.520]  It's criminal appeals that are, it's only supreme that are justices.
[11:36.520 --> 11:41.920]  Anyway, in 30 days they'll lose plenary jurisdiction.
[11:41.920 --> 11:47.600]  So then it's a done deal and so he has to wait 30 days until that's done, then there
[11:47.600 --> 11:55.480]  is no felony conviction against him and then he can petition immigration to get released.
[11:55.480 --> 12:01.240]  So I wouldn't let everybody know where that is with Robert, Robert fought these guys like
[12:01.240 --> 12:04.600]  a tiger and he never backed up on them.
[12:04.600 --> 12:10.480]  And it looks like he's going to beat him again and this time maybe he'll complete his lawsuit.
[12:10.480 --> 12:17.740]  So I will be going after the Attorney General early in the week seeking information concerning
[12:17.740 --> 12:20.160]  the investigation.
[12:20.160 --> 12:24.080]  I want to see if the Attorney General cut any legal deal, if he did I get to go after
[12:24.080 --> 12:25.720]  the Attorney General.
[12:25.720 --> 12:30.880]  Okay, that's what I had about that.
[12:30.880 --> 12:37.640]  And Joe, you wanted to talk about the motion to dismiss for failure to state the claim
[12:37.640 --> 12:40.680]  of which recovery can be had or something like that.
[12:40.680 --> 12:47.200]  Right, actually the whole Rule 12 pertains to dismissals.
[12:47.200 --> 12:53.880]  And last week we started getting into the 12b6 and I'd like to go into the 12a6.
[12:53.880 --> 13:04.640]  12h3 because I think that the more that the parties going forth being the homeowners and
[13:04.640 --> 13:12.080]  many of these being pro se, when they are understanding that when they file a complaint
[13:12.080 --> 13:21.600]  with the state and it gets remanded to federal court and then they get a 12b6 dismissal and
[13:21.600 --> 13:24.920]  then they're scratching their heads because they don't know what to do.
[13:24.920 --> 13:28.480]  How did I get there?
[13:28.480 --> 13:35.200]  And most of the times the way that they got there was when the case was remanded to the
[13:35.200 --> 13:40.560]  federal courts, there was no federal cause of action.
[13:40.560 --> 13:44.920]  And I believe Randy, I'm not sure the time frame, but they only have like a week or it's
[13:44.920 --> 13:48.960]  a very short time frame in which to satisfy this.
[13:48.960 --> 13:53.080]  I mean, the minute you get remanded, I don't know what the time frame is, but I know it's
[13:53.080 --> 13:54.560]  a very short time frame.
[13:54.560 --> 13:57.840]  Okay, on a removal, you've got 30 days.
[13:57.840 --> 13:58.920]  Okay.
[13:58.920 --> 14:02.600]  On a Rule 12 motion to dismiss, you've got 10 days.
[14:02.600 --> 14:05.800]  All right, so they've got 10 days.
[14:05.800 --> 14:11.680]  And if they don't have a valid federal cause of action and wrongful foreclosure is not
[14:11.680 --> 14:15.560]  a cause of action, even though I see it in hundreds of complaints that attorneys are
[14:15.560 --> 14:19.200]  doing thinking they're helping the homeowner and-
[14:19.200 --> 14:24.680]  Hold on, wrongful foreclosure, yes it is.
[14:24.680 --> 14:33.760]  Larry's got some case law that says you could make a wrongful foreclosure claim if you claim
[14:33.760 --> 14:35.120]  damages.
[14:35.120 --> 14:39.880]  What they were saying was you couldn't make a wrongful foreclosure claim unless you claimed
[14:39.880 --> 14:48.920]  that the property was sold for a unreasonably low price.
[14:48.920 --> 14:51.920]  Well, if they weren't-
[14:51.920 --> 14:53.400]  I'm sorry, Gwyn.
[14:53.400 --> 14:59.520]  Apparently, he has case law that says that if you claim damages, then you have a cause
[14:59.520 --> 15:00.520]  of action.
[15:00.520 --> 15:06.040]  And it would kind of be absolutely inappropriate to say that wrongful foreclosure is not a
[15:06.040 --> 15:07.040]  cause of action.
[15:07.040 --> 15:11.920]  They're saying somebody can come in and wrongfully take your property, take the house that you
[15:11.920 --> 15:17.760]  live in, take your castle and have you thrown out in the street, and you don't have a claim?
[15:17.760 --> 15:24.840]  Well, if they were to change the wording, instead come forth and, for instance, they
[15:24.840 --> 15:31.560]  would say theft of property, fraud, now-
[15:31.560 --> 15:36.640]  If you claim wrongful foreclosure and put a dollar amount on it, now you have a cause
[15:36.640 --> 15:37.640]  of action.
[15:37.640 --> 15:40.160]  I just see that.
[15:40.160 --> 15:41.160]  That's what the-
[15:41.160 --> 15:42.160]  Okay.
[15:42.160 --> 15:49.320]  He was saying the case law was saying, but on your side, you're right, you can make other
[15:49.320 --> 15:50.320]  claims and-
[15:50.320 --> 15:52.280]  It's wrongful claims.
[15:52.280 --> 15:53.280]  Because now-
[15:53.280 --> 15:59.920]  Well, but wrongful foreclosure, that is the action.
[15:59.920 --> 16:05.160]  So that never made sense to me for them to say that that would not be a cause of action.
[16:05.160 --> 16:13.600]  I think time and time again that there'd be a stronger cause of action.
[16:13.600 --> 16:16.600]  It would be, okay?
[16:16.600 --> 16:23.160]  You mean, okay, it, if I didn't get what you meant, if you made a different claim.
[16:23.160 --> 16:30.440]  If the plaintiff being or the homeowner were to make, say, a cause of action being fraud
[16:30.440 --> 16:37.640]  and plead successfully all five elements of fraud pertaining to their case at hand.
[16:37.640 --> 16:38.640]  Okay.
[16:38.640 --> 16:43.960]  We're about to go to break, but we'll pick this up on the other side, but I've gotten
[16:43.960 --> 16:49.800]  to where I don't even go after fraud because the judges make that so hard to plead.
[16:49.800 --> 16:52.000]  We got a whole bunch of stuff we can throw at them.
[16:52.000 --> 16:53.000]  Hang on.
[16:53.000 --> 17:00.960]  We'll be right back.
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[19:12.640 --> 19:39.840]  Okay.
[19:39.840 --> 19:40.840]  We are back.
[19:40.840 --> 19:47.720]  Randy Kelton, Debra Stevens here with Joe Esquivel and Steve Skidmore, and we were talking
[19:47.720 --> 19:52.920]  about Rule 12, Rule 12B6, Rule 12H3.
[19:52.920 --> 19:59.360]  12B6 goes to failure to state a claim on which recovery can be had.
[19:59.360 --> 20:04.200]  12H3, lack of subject matter jurisdiction.
[20:04.200 --> 20:05.480]  And this is what they're doing.
[20:05.480 --> 20:12.080]  If you file a state action, the lawyers on the other side are removing it to the federal
[20:12.080 --> 20:13.320]  court no matter what.
[20:13.320 --> 20:19.840]  We just had them remove a trespass to tritidal action to the federal court.
[20:19.840 --> 20:22.920]  That was absolutely frivolous.
[20:22.920 --> 20:25.840]  That's a state action in the period.
[20:25.840 --> 20:28.560]  There's no federal question, no federal issue.
[20:28.560 --> 20:32.520]  It's a matter to which the state has exclusive jurisdiction.
[20:32.520 --> 20:33.520]  Right.
[20:33.520 --> 20:36.440]  They moved it, it's frivolous.
[20:36.440 --> 20:42.520]  But if this goes before Judge McBride in Fort Worth, it don't make any difference what it
[20:42.520 --> 20:43.520]  is.
[20:43.520 --> 20:48.520]  If you're a pro se, he will dismiss with prejudice out of hand.
[20:48.520 --> 20:56.600]  And in this case, I hope he does because in this one, I have standing and I will do everything
[20:56.600 --> 21:04.480]  I can under law to get that scoundrel put in a federal penitentiary or a state penitentiary
[21:04.480 --> 21:05.480]  where he belongs.
[21:05.480 --> 21:12.320]  Maybe if we can get one of these federal scoundrels thrown out of office, we may get the judges
[21:12.320 --> 21:16.400]  to actually read the law and rule on the law.
[21:16.400 --> 21:20.960]  I think, Randy, that's the only thing that's going to catch their attention is if somebody
[21:20.960 --> 21:27.240]  suffers some dire consequences for either their actions or lack to take action.
[21:27.240 --> 21:35.920]  If ever there was a judge that needed some dire action, it's McBride.
[21:35.920 --> 21:38.360]  He is really a scoundrel.
[21:38.360 --> 21:47.240]  All right, Judge McBride, if you're listening, you want to come on the air, I will give you
[21:47.240 --> 21:51.960]  equal time, and then we will whip you to shreds.
[21:51.960 --> 21:52.960]  Okay.
[21:52.960 --> 21:56.080]  So, what would the homeowner do?
[21:56.080 --> 22:03.760]  What course of action would a homeowner take should they get a 12b6 dismissal?
[22:03.760 --> 22:11.040]  12b6 dismissal, first thing he would do is petition for reconsideration.
[22:11.040 --> 22:16.640]  The judge will deny the reconsideration, almost out of hand.
[22:16.640 --> 22:23.520]  We've had one that was approved, and just to say that generally, part of it depends
[22:23.520 --> 22:29.160]  on what your suit is and what the court says when they do the dismissal.
[22:29.160 --> 22:35.160]  If you have a lawyer on both sides, the courts will give you points and authorities.
[22:35.160 --> 22:38.640]  If you have lawyers on both sides, they do pretty well what they're supposed to.
[22:38.640 --> 22:46.440]  They say, we're going to dismiss your case because of this, this, this, this, this.
[22:46.440 --> 22:50.600]  This is what you pled, this is what's wrong with it, this is what we need in order to
[22:50.600 --> 22:55.840]  sustain your action, and then give you opportunity to amend.
[22:55.840 --> 23:03.120]  Now, Judge McBride, if you're pro se, he will dismiss with prejudice out of hand.
[23:03.120 --> 23:09.240]  So, then you file a motion for reconsideration, then you appeal to the court of appeals.
[23:09.240 --> 23:13.960]  The one thing, there's always something you can do.
[23:13.960 --> 23:18.520]  Go back to a jurisdictionary.
[23:18.520 --> 23:24.880]  The only purpose of the trial court is to set the record for appeal.
[23:24.880 --> 23:32.800]  And one thing about McBride, he gives you some really easy appeal stuff because his
[23:32.800 --> 23:38.840]  pleading, his rulings are so outrageous that he's a lot easier to appeal.
[23:38.840 --> 23:48.240]  But if you get a Rule 12 failure state of claim, which can be had, the obvious remedy
[23:48.240 --> 23:54.440]  is an amended pleading to address any deficiencies in the pleading.
[23:54.440 --> 24:04.940]  So normally you'll get a Rule 12, almost since, since Ashcroft-Homely and Iqbal, the Supreme
[24:04.940 --> 24:10.440]  Court said when they passed those that it was not their intent to raise the pleading
[24:10.440 --> 24:11.440]  standard.
[24:11.440 --> 24:13.000]  Well, that was horse manure.
[24:13.000 --> 24:15.360]  That's exactly what they intended to do.
[24:15.360 --> 24:17.360]  Now, this is what happens.
[24:17.360 --> 24:24.540]  The Rule 8 says that you're supposed to state your claim succinctly.
[24:24.540 --> 24:32.400]  If you state your claim succinctly, you'll get a Rule 12 motion to dismiss.
[24:32.400 --> 24:40.480]  If you state your claim not succinctly, but state all of your claims and fully adjudicate
[24:40.480 --> 24:48.760]  your claim in the pleading, you're going to get a Rule 8 motion to dismiss.
[24:48.760 --> 24:56.440]  So expect as a matter of course, the lawyers on the other side move to dismiss.
[24:56.440 --> 25:00.240]  This is prudent.
[25:00.240 --> 25:09.240]  If the judge happens to have a wild hair this day and approves your motion to dismiss, wonderful.
[25:09.240 --> 25:16.040]  You don't expect it, but you don't, the judge, the lawyer, if he's prudent will always file
[25:16.040 --> 25:17.040]  it.
[25:17.040 --> 25:21.080]  We've had a few that didn't file a motion to dismiss.
[25:21.080 --> 25:24.320]  And I looked at it and wondered, why not?
[25:24.320 --> 25:30.760]  Why did you pass that up, unless you're just trying to milk your client for a lot more
[25:30.760 --> 25:35.600]  money, it would be prudent for you to move to dismiss because that's a way to get rid
[25:35.600 --> 25:38.000]  of the suit quickly.
[25:38.000 --> 25:44.220]  So if you get a Rule 12, don't get excited about it, standard procedure.
[25:44.220 --> 25:54.840]  And what we have done with our suits is we have deliberately written the suit very succinctly
[25:54.840 --> 26:02.760]  and we have deliberately not put every claim in the original suit that we have.
[26:02.760 --> 26:07.120]  We know we're going to draw the Rule 12.
[26:07.120 --> 26:11.560]  So we give them a succinct filing.
[26:11.560 --> 26:16.500]  They come up with the Rule 12 failure state of claim in which recovery can be had.
[26:16.500 --> 26:28.120]  So we come back with a response to the Rule 12, objecting to the request for more specific
[26:28.120 --> 26:30.560]  information.
[26:30.560 --> 26:36.920]  And almost always the judge will dismiss, but almost always they will dismiss without
[26:36.920 --> 26:42.920]  prejudice so that you can come back and file an amended pleading.
[26:42.920 --> 26:48.880]  If the judge is going to dismiss with prejudice, he's going to do that no matter what you do
[26:48.880 --> 26:58.440]  because it's absolutely improper to dismiss an original pleading with prejudice the first
[26:58.440 --> 26:59.440]  time.
[26:59.440 --> 27:04.480]  And if you're a pro se litigate, they're forbidden to, by case law, but they do it
[27:04.480 --> 27:05.480]  anyway.
[27:05.480 --> 27:07.960]  So you come back to Rule 12.
[27:07.960 --> 27:10.880]  When they dismiss, then you come back with a motion for reconsideration.
[27:10.880 --> 27:20.800]  And in the motion for reconsideration, you say, we filed the suit and made these claims
[27:20.800 --> 27:23.800]  and these are the reasons we filed this suit.
[27:23.800 --> 27:27.880]  And then you put in all of your claims.
[27:27.880 --> 27:33.400]  Your lawyer, if you didn't tell him everything, he's going to argue based on what you put
[27:33.400 --> 27:36.120]  in there.
[27:36.120 --> 27:43.000]  When you come back with this, with your reasons in the motion for reconsideration, your lawyer
[27:43.000 --> 27:49.520]  is going to feel like, the lawyer on the other side is going to feel like he just got bushwhacked.
[27:49.520 --> 27:50.520]  And he'll be right.
[27:50.520 --> 27:54.400]  He did just get bushwhacked.
[27:54.400 --> 27:59.900]  He wasn't able to argue your issues initially.
[27:59.900 --> 28:07.480]  You kind of catch him at the last minute because he's only got 10 days to respond.
[28:07.480 --> 28:17.640]  We have been filing a four page suit and a 50 page motion for reconsideration.
[28:17.640 --> 28:19.720]  We have gotten responses.
[28:19.720 --> 28:30.320]  You can hear the frantic tone in the verbiage of the responses, these dirty rascals.
[28:30.320 --> 28:31.320]  But we're proceeds.
[28:31.320 --> 28:32.320]  We can get away with that.
[28:32.320 --> 28:37.200]  Lawyers wouldn't, for the most part, wouldn't do that because lawyers are afraid of the
[28:37.200 --> 28:39.860]  judges and we're not.
[28:39.860 --> 28:48.000]  So if you get a Rule 12, if you file in the state court and the lawyers remove it to the
[28:48.000 --> 28:49.000]  federal court.
[28:49.000 --> 28:56.880]  When you file in the state court, make sure that you make no federal claims.
[28:56.880 --> 28:59.880]  Don't invoke the federal constitution.
[28:59.880 --> 29:06.920]  Don't even reference a federal law if you can find a similar law in the state.
[29:06.920 --> 29:14.640]  You say anything that has federal in it and it'll go right, they'll remove right away.
[29:14.640 --> 29:20.480]  If they do remove, we suggest you bar grieve the lawyers.
[29:20.480 --> 29:26.160]  You file a petition for sanction for filing a frivolous pleading.
[29:26.160 --> 29:37.320]  You move to strike the removal, you're moved to remand and okay, we'll pick the rest of
[29:37.320 --> 29:42.800]  this up when we get back because when they file to remove, they tend not to answer it.
[29:42.800 --> 29:46.240]  We can kind of bushwhack them with that when they don't answer.
[29:46.240 --> 29:53.360]  Hang on, this is Randy Kelton, Joe Esquivel, Skidmore, Rue La Radio, our call-in number
[29:53.360 --> 29:56.360]  is 512-646-1984.
[29:56.360 --> 30:02.720]  We'll be right back.
[30:02.720 --> 30:06.880]  Garbage ought to be private, but a city in North Carolina wants to put microchips on
[30:06.880 --> 30:09.240]  people's trash bins to track their discards.
[30:09.240 --> 30:15.280]  I'm Dr. Catherine Albrecht and I'll have more on this green spy scheme in a moment.
[30:15.280 --> 30:16.880]  Privacy is under attack.
[30:16.880 --> 30:20.480]  When you give up data about yourself, you'll never get it back again.
[30:20.480 --> 30:25.240]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.240 --> 30:30.280]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:30.280 --> 30:33.000]  Privacy, it's worth hanging on to.
[30:33.000 --> 30:37.280]  This public service announcement is brought to you by Startpage.com, the private search
[30:37.280 --> 30:40.800]  engine alternative to Google, Yahoo, and Bing.
[30:40.800 --> 30:44.080]  Start over with Startpage.
[30:44.080 --> 30:47.000]  Oscar the Grouch, look out for your privacy.
[30:47.000 --> 30:52.920]  The city of Gastonia, North Carolina is about to put electronic eyes into trash cans.
[30:52.920 --> 30:59.080]  Next year, residents will receive 96-gallon recycle bins embedded with RFID radiofrequency
[30:59.080 --> 31:00.440]  microchips.
[31:00.440 --> 31:05.080]  When trucks collect the bins' contents, the spy chips signal computers that those recycled
[31:05.080 --> 31:07.480]  materials were collected at that address.
[31:07.480 --> 31:12.560]  Officials say they want to identify the people who don't recycle so they can be educated
[31:12.560 --> 31:14.000]  to get with the program.
[31:14.000 --> 31:19.880]  I say nobody needs to have their trash monitored and certainly not by a spy-chipped trash bin.
[31:19.880 --> 31:21.800]  I'm Dr. Catherine Albrecht.
[31:21.800 --> 31:30.880]  More news and information at CatherineAlbrecht.com.
[31:30.880 --> 31:36.240]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:36.240 --> 31:38.480]  The government says that fire brought it down.
[31:38.480 --> 31:43.080]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[31:43.080 --> 31:46.040]  Over 6,000 of my fellow service members have given their lives.
[31:46.040 --> 31:48.720]  Thousands of my fellow first responders are dying.
[31:48.720 --> 31:50.120]  I'm not a conspiracy theorist.
[31:50.120 --> 31:51.120]  I'm a structural engineer.
[31:51.120 --> 31:52.560]  I'm a New York City correction officer.
[31:52.560 --> 31:53.560]  I'm an Air Force pilot.
[31:53.560 --> 31:55.160]  I'm a father who lost his son.
[31:55.160 --> 31:57.840]  We're Americans and we deserve the truth.
[31:57.840 --> 32:01.080]  Go to RememberBuilding7.org today.
[32:01.080 --> 32:05.200]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.200 --> 32:07.600]  In today's America, we live in an us-against-them society.
[32:07.600 --> 32:11.280]  If we, the people, are ever going to have a free society, then we're going to have to stand
[32:11.280 --> 32:12.720]  and defend our own rights.
[32:12.720 --> 32:16.200]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.200 --> 32:19.920]  in our own private capacity, and most importantly, the right to due process of law.
[32:19.920 --> 32:24.080]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.080 --> 32:25.480]  our rights through due process.
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[32:29.440 --> 32:33.200]  most comprehensive teaching tool available that will help you understand what due process
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[33:54.960 --> 34:24.240]  Okay, we are back, we're Andy Kelton, David Stevens, Joe Esquivel, Rule of Law Radio,
[34:24.240 --> 34:27.800]  and we're talking about motions to dismiss.
[34:27.800 --> 34:36.360]  The one thing always to understand is no matter what the other side does, there's always something
[34:36.360 --> 34:38.800]  you can do.
[34:38.800 --> 34:47.840]  Rule 12B6, more definite statement or amended pleading, depending on what the judge does.
[34:47.840 --> 34:53.040]  If he dismisses without prejudice, you're petitioned to file an amended pleading.
[34:53.040 --> 35:01.480]  If he dismisses with prejudice, you petition for a motion for reconsideration.
[35:01.480 --> 35:07.880]  And in the motion for reconsideration, you would effectively do an amended pleading.
[35:07.880 --> 35:15.880]  You would make, state your other claims that support the claims that you originally made.
[35:15.880 --> 35:21.640]  And this is all about getting your issues before the court.
[35:21.640 --> 35:25.640]  So your motion for reconsideration goes to the court of appeals.
[35:25.640 --> 35:30.000]  So these issues have been raised in the trial court.
[35:30.000 --> 35:35.160]  But as a matter of strategy, by filing them in the motion for reconsideration, you kind
[35:35.160 --> 35:37.240]  of sneak up on the other side.
[35:37.240 --> 35:43.240]  They don't have as much time to research and prepare a good answer.
[35:43.240 --> 35:48.480]  And lawyers being busy the way they are, this makes it more difficult for them.
[35:48.480 --> 35:56.360]  And if they file the rule 12B6, we should be filing bar grievances for it because essentially
[35:56.360 --> 35:59.960]  it's improper for the most part.
[35:59.960 --> 36:06.780]  Because they file it as a matter of course, just as a matter of practice strategy.
[36:06.780 --> 36:14.360]  And hope the judges will be nice and corrupt for them, which for the most part they are.
[36:14.360 --> 36:17.480]  So who would you file the bar grievance on, the opposing counsel?
[36:17.480 --> 36:19.560]  Yeah, opposing counsel.
[36:19.560 --> 36:27.720]  If you're a pro se, grieve them every time they move, it's in the same vein as them filing
[36:27.720 --> 36:28.720]  the 12B6.
[36:28.720 --> 36:32.920]  It's just good strategy.
[36:32.920 --> 36:36.280]  Bar grieving them, it's good strategy.
[36:36.280 --> 36:37.280]  That'll make them wacko.
[36:37.280 --> 36:40.600]  They just go nuts when you start bar grieving them.
[36:40.600 --> 36:44.600]  And then they file these stupid pleadings because they're so PO'd at you, they want
[36:44.600 --> 36:45.600]  to choke you.
[36:45.600 --> 36:47.800]  Because you've just doubled them.
[36:47.800 --> 36:49.760]  This starts to make bad mistakes.
[36:49.760 --> 36:50.760]  Exactly.
[36:50.760 --> 36:54.200]  Knock them off center, pattern interruption, right?
[36:54.200 --> 36:55.480]  Exactly.
[36:55.480 --> 36:59.680]  Be careful when you file pleadings because the judge is going to read it.
[36:59.680 --> 37:05.680]  And if you sound like you're just PO'd and you're just venting your spleen, you're going
[37:05.680 --> 37:09.520]  to get a very bad read from the judge.
[37:09.520 --> 37:12.480]  It doesn't matter if you're pro se or a lawyer.
[37:12.480 --> 37:16.480]  So if you can really hack off the other lawyer.
[37:16.480 --> 37:22.680]  We had one in Minnesota, we pulled this routine on him and bushwhacked him.
[37:22.680 --> 37:29.400]  And he come back, we sued the lawyer himself who was doing the debt collection for the
[37:29.400 --> 37:30.400]  bank.
[37:30.400 --> 37:36.320]  And he came back and said, they sued the wrong one, they shouldn't have sued me, they should
[37:36.320 --> 37:38.320]  have sued Wells Fargo.
[37:38.320 --> 37:45.120]  And we came back with an answer saying, oh, you mean we have claims against Wells Fargo?
[37:45.120 --> 37:46.120]  Why?
[37:46.120 --> 37:47.120]  We didn't know that.
[37:47.120 --> 37:53.280]  If you will tell me what they are, we will be glad to sue your client.
[37:53.280 --> 37:58.280]  Oh, that was a hoot.
[37:58.280 --> 38:01.520]  But you could read in the pleading.
[38:01.520 --> 38:05.960]  It was just a whiny pleading, why'd they sue me?
[38:05.960 --> 38:10.640]  I'm just a cheap lawyer.
[38:10.640 --> 38:14.200]  Everything is consequences that go with that though.
[38:14.200 --> 38:15.200]  Exactly.
[38:15.200 --> 38:16.200]  Chicken soup.
[38:16.200 --> 38:19.480]  There you go, there's a chicken soup.
[38:19.480 --> 38:21.920]  This is all politics.
[38:21.920 --> 38:26.960]  We keep saying you'll never win your case simply because you have the law and the facts
[38:26.960 --> 38:28.960]  on your side.
[38:28.960 --> 38:32.600]  To think so is naive.
[38:32.600 --> 38:35.960]  You'll win your case if you have the politics on your side.
[38:35.960 --> 38:42.200]  If you bargain the lawyers on the other side, do you just go on to complain to judge?
[38:42.200 --> 38:49.360]  The judge is going to be really unhappy, but you're not a lawyer so he can't take your
[38:49.360 --> 38:50.360]  bar card.
[38:50.360 --> 38:53.400]  And you're not there to make friends with the judge either.
[38:53.400 --> 38:54.400]  Exactly.
[38:54.400 --> 39:00.840]  And it's like a guy's in a room with two or three dogs and one of them runs up and nips
[39:00.840 --> 39:03.280]  him on the heel but he can't catch that one.
[39:03.280 --> 39:13.360]  So he's going to kick the crap out of the first one he gets to.
[39:13.360 --> 39:18.800]  When we were growing up, I was in the top bunk, my brother was in the bottom bunk, and
[39:18.800 --> 39:25.880]  my brother was dreaming that he was in an earthquake and the ceiling was, he was dreaming
[39:25.880 --> 39:28.480]  he was in a room and the ceiling was caving in on him.
[39:28.480 --> 39:34.440]  I was dreaming I was in an earthquake because my brother had put his hands and feet against
[39:34.440 --> 39:41.000]  the bunk to push the ceiling away from him and lifted it off the pegs.
[39:41.000 --> 39:42.560]  He's screaming bloody murder.
[39:42.560 --> 39:47.920]  Well, my best friend had came to stay overnight and he was sleeping on the couch right inside
[39:47.920 --> 39:48.920]  the door.
[39:48.920 --> 39:53.600]  And my father ran in the door with a belt in his hand and just beat the crap out of
[39:53.600 --> 39:54.600]  Gary.
[39:54.600 --> 39:58.760]  By the time he got done with Gary, me and my brother were up.
[39:58.760 --> 40:03.520]  Oh no, he's got the first one he can lay hand on.
[40:03.520 --> 40:08.000]  And he said, well, I didn't do anything, why'd you whip me?
[40:08.000 --> 40:09.000]  You were close.
[40:09.000 --> 40:10.000]  Right.
[40:10.000 --> 40:14.000]  So that's kind of how it works.
[40:14.000 --> 40:16.040]  They can't get at you.
[40:16.040 --> 40:21.200]  If you're hammering the judge and the judge can't get at you, he's going to want these
[40:21.200 --> 40:24.840]  lawyers to pull you off of him.
[40:24.840 --> 40:29.320]  It's all politics, it doesn't have anything to do with law.
[40:29.320 --> 40:35.200]  Law is just kind of how they structure the game, it's all political.
[40:35.200 --> 40:42.440]  So understand the other side will file a Rule 12 as a matter of course, expect it.
[40:42.440 --> 40:50.320]  Understand that the lawyer on the other side will tell the judge that no matter what claim
[40:50.320 --> 40:55.440]  you make, it's all rubbish nonsense.
[40:55.440 --> 41:00.360]  And the more vitriol you get in the response, the better because that tells you to have
[41:00.360 --> 41:06.200]  more trouble trying to overcome your arguments.
[41:06.200 --> 41:11.760]  So when the lawyer comes back and he's real harsh and nasty, don't worry about it.
[41:11.760 --> 41:17.120]  Expect him to do his job and fight for his client as hard as he can.
[41:17.120 --> 41:24.480]  Rule 12, if you put enough in your pleading to overcome the Rule 12, you'll get a Rule
[41:24.480 --> 41:25.480]  8 challenge.
[41:25.480 --> 41:32.360]  Matter of course, you should dismiss the pleading because it's not succinct enough.
[41:32.360 --> 41:37.520]  You should dismiss the pleading because it didn't give enough details.
[41:37.520 --> 41:38.520]  What can you do?
[41:38.520 --> 41:41.440]  Don't worry about it.
[41:41.440 --> 41:53.160]  The Rule 12, H3, subject matter of jurisdiction, if you file a state action and the other side
[41:53.160 --> 42:02.080]  removes to the federal court, if they remove for the purpose of filing a motion to dismiss,
[42:02.080 --> 42:08.840]  have case law that declares that that is a frivolous action and that should get motion
[42:08.840 --> 42:14.720]  for sanctions and bar grievances and motion to strike for a frivolous pleading, if you
[42:14.720 --> 42:22.480]  get it struck and they haven't filed an answer, then they don't have an answer before the
[42:22.480 --> 42:23.480]  court.
[42:23.480 --> 42:30.080]  If they file a removal to the federal court and don't answer, they don't have an answer
[42:30.080 --> 42:31.400]  before the court.
[42:31.400 --> 42:39.760]  If they file a Rule 12 motion, that stands as an answer until the Rule 12 is ruled on.
[42:39.760 --> 42:47.520]  If it's denied, they got 10 days to file an answer and never ever tell them what they
[42:47.520 --> 42:50.160]  should do.
[42:50.160 --> 42:59.440]  If you get a ruling on the Rule 12 that throws it out, they're going to want to file a motion
[42:59.440 --> 43:04.200]  for reconsideration or whatever.
[43:04.200 --> 43:09.720]  You really need to keep them busy at that point because once the judge rules against
[43:09.720 --> 43:15.080]  them, they got 10 days to file an answer and so far we've never had one that got one in
[43:15.080 --> 43:17.680]  within the 10 days.
[43:17.680 --> 43:24.800]  We filed the Rule 12 to keep from answering the issues they don't want to have to try
[43:24.800 --> 43:26.920]  to answer.
[43:26.920 --> 43:29.080]  It's a stopgap.
[43:29.080 --> 43:32.200]  Rule 12 is not a stopgap.
[43:32.200 --> 43:39.480]  If you remove and the judge declares he doesn't have jurisdiction, he may not dismiss, he
[43:39.480 --> 43:40.480]  must remand.
[43:40.480 --> 43:44.400]  I'll explain that a little bit when we come back on the other side and then we'll take
[43:44.400 --> 43:45.400]  Pat.
[43:45.400 --> 43:46.400]  I see you there.
[43:46.400 --> 43:47.880]  Hang on to the water tower.
[43:47.880 --> 43:52.320]  I'm David Stevens, rule of law radio.
[43:52.320 --> 43:55.840]  I call in number 512-646.
[43:55.840 --> 44:01.560]  1984, we'll be right back.
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[44:43.240 --> 45:01.280]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.280 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
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[46:00.000 --> 46:09.680]  Whoa, whoa, yeah.
[46:09.680 --> 46:29.840]  Always, I must be careful what I'm wishing for.
[46:29.840 --> 46:36.840]  When I'm hungry, I like to know just what I'm fishing for.
[46:36.840 --> 46:37.840]  I ain't asking for much.
[46:37.840 --> 46:38.840]  I ain't trying to be no glutton.
[46:38.840 --> 46:39.840]  I'm just here making my living, pushing buttons.
[46:39.840 --> 46:40.840]  Okay, we are back.
[46:40.840 --> 46:41.840]  Brent Jones, Ed Stevens, Joyce Cadell.
[46:41.840 --> 46:42.840]  He's giving more.
[46:42.840 --> 46:43.840]  And sorry about that going out.
[46:43.840 --> 46:48.840]  Having a little internet difficulties here with all of this bad weather.
[46:48.840 --> 47:03.840]  Okay, Joe, have we pretty well addressed the 12th?
[47:03.840 --> 47:07.440]  Yes, thank you.
[47:07.440 --> 47:08.440]  I really appreciate it.
[47:08.440 --> 47:14.240]  I know I've had people asking me today, so we're going over exactly what, you know, some
[47:14.240 --> 47:17.440]  of the issues that I've heard that were out there that needed addressing.
[47:17.440 --> 47:20.240]  Steve, do you have anything regarding?
[47:20.240 --> 47:27.720]  No, other than just, you know, the simple by, I don't want to say default, but I want
[47:27.720 --> 47:32.040]  to say automatically.
[47:32.040 --> 47:36.880]  If an individual files a pleading in, and I don't know how many times I've seen this,
[47:36.880 --> 47:44.920]  but if an individual files a pleading in a state court and anything, like Randy said,
[47:44.920 --> 47:54.480]  anything in United States Code or the U.S. Constitution is raised, they will take it
[47:54.480 --> 47:57.920]  straight to federal court.
[47:57.920 --> 48:03.320]  Now here's the problem, Twombly v. Ickbill.
[48:03.320 --> 48:12.360]  In Twombly v. Ickbill, it was decided by the federal courts that every element of an issue
[48:12.360 --> 48:15.040]  must be pled out.
[48:15.040 --> 48:24.080]  So having, not having the same requirements in the state court, we don't plead these things,
[48:24.080 --> 48:29.360]  we don't, I call it code pleading, but we don't code plead, we don't cover every element
[48:29.360 --> 48:33.200]  of something in a civil pleading going into state court.
[48:33.200 --> 48:39.440]  They'll remove it to the federal court, and now you have a deficient pleading, and that's
[48:39.440 --> 48:46.560]  their automatic moon v. 12b6, failure to state claim upon which relief can be granted.
[48:46.560 --> 48:50.680]  Yeah, so the main thing is expect it.
[48:50.680 --> 48:51.680]  Absolutely.
[48:51.680 --> 48:58.680]  It's just practice, and expect them to try to rip your pleadings to pieces, and tell
[48:58.680 --> 49:02.800]  the judge what an ignorant, worthless, no-good scoundrel you are.
[49:02.800 --> 49:10.120]  Take a glance at it, that it is the duty of the lawyer on the other side to vigorously
[49:10.120 --> 49:13.640]  adjudicate his case.
[49:13.640 --> 49:21.440]  But like we were talking about when we went out, well, page 3, if you have a state action,
[49:21.440 --> 49:32.080]  we have a trespass to try title action, where we were very careful to only address the filing
[49:32.080 --> 49:40.640]  of a document in the county record, and a trespass to try title the state as exclusive
[49:40.640 --> 49:43.400]  jurisdiction.
[49:43.400 --> 49:46.320]  They removed it anyway.
[49:46.320 --> 49:52.000]  They removed it to buy time to prepare an answer.
[49:52.000 --> 49:56.520]  It was a removal or delay for delay's sake.
[49:56.520 --> 50:05.600]  So we'll file a motion to remand, motion for sanctions, motion to strike the pleading
[50:05.600 --> 50:14.280]  as frivolous, and just hammer them back, but I guess the point is, don't worry about these
[50:14.280 --> 50:15.280]  pleadings.
[50:15.280 --> 50:25.640]  Yeah, a removal from the state to the federal venue in that type of situation, you can show
[50:25.640 --> 50:33.240]  the court that the attorney has, he never had judicial economy in mind.
[50:33.240 --> 50:38.240]  As a matter of fact, it was his intent to damage judicial economy, to waste the court's
[50:38.240 --> 50:46.000]  time, to waste the court's resources, particularly in the Fed, they don't like that, not a bit.
[50:46.000 --> 50:52.240]  They're too busy yet, they got more to do than they could do for these guys to clog
[50:52.240 --> 50:54.160]  the courts up with frivolous motions.
[50:54.160 --> 50:59.880]  One thing lawyers fear, and that's sanctions, because you ask for sanctions and if the judge
[50:59.880 --> 51:04.880]  is fielded at the lawyer, he can give them the sanction for anything he wants.
[51:04.880 --> 51:11.640]  That's essentially, he has unbridled discretion, so it's a great thing to ask for.
[51:11.640 --> 51:17.600]  But in any case, there's always something you can do, and about a removal to the state
[51:17.600 --> 51:25.280]  to the federal court, if the federal judge rules that he does not have jurisdiction when
[51:25.280 --> 51:35.600]  a case has been removed to his court, he does not have power to dismiss the state at claim.
[51:35.600 --> 51:46.400]  If he has no jurisdiction, he cannot enter a substantive pleading, so he must remand.
[51:46.400 --> 51:54.320]  So if you file a state, a case with a state claim, the other side removes it to the Fed
[51:54.320 --> 51:58.200]  and then moves to dismiss because the Fed lacks jurisdiction.
[51:58.200 --> 51:59.200]  Well-
[51:59.200 --> 52:05.520]  Randy, can he dismiss for want of jurisdiction?
[52:05.520 --> 52:06.520]  That would leave the door open.
[52:06.520 --> 52:07.520]  That's the same thing.
[52:07.520 --> 52:13.880]  He can't dismiss, there is a state claim there.
[52:13.880 --> 52:21.080]  If he does not have jurisdiction, he cannot rule that the state doesn't have jurisdiction,
[52:21.080 --> 52:24.600]  only the state can do that.
[52:24.600 --> 52:31.920]  So when he rules that he doesn't have jurisdiction, he has no power to dismiss the state action,
[52:31.920 --> 52:32.920]  he must remand.
[52:32.920 --> 52:37.360]  Does that make sense?
[52:37.360 --> 52:44.200]  So he's saying that if the federal courts have no jurisdiction-
[52:44.200 --> 52:46.680]  They've got to send it back to the state.
[52:46.680 --> 52:49.200]  So they can't give him a 12b6 ruling then?
[52:49.200 --> 52:50.200]  That's correct.
[52:50.200 --> 52:53.200]  All they can do is deny it.
[52:53.200 --> 53:00.920]  They can dismiss any federal claim, but they can't dismiss the state claim.
[53:00.920 --> 53:07.560]  Okay, so what happens if they don't remand it to the state and they do a 12b6 dismissal?
[53:07.560 --> 53:09.560]  What would your action be?
[53:09.560 --> 53:19.880]  Motion for reconsideration first, then that's just knee-jerk, anytime you get a ruling you
[53:19.880 --> 53:26.040]  don't like, petition for motion for reconsideration, and in the motion for reconsideration you
[53:26.040 --> 53:29.240]  can make supporting arguments.
[53:29.240 --> 53:36.320]  So if you file a brief statement in the state, they remove it to the state, and petition
[53:36.320 --> 53:42.920]  to dismiss the federal state of claim, and you raise an objection to the dismissal or
[53:42.920 --> 53:49.920]  you move to remand and the judge denies, always gets a motion for reconsideration and you
[53:49.920 --> 53:58.080]  can add arguments to address the issue the judge brought in his denial.
[53:58.080 --> 54:04.840]  That's not supposed to be done, sometimes the judge just denies it out of hand and doesn't
[54:04.840 --> 54:15.600]  give you a reason for his ruling, and I tend to call that sedition, and at the very least
[54:15.600 --> 54:21.440]  fail to perform a duty he's required to perform because it is the duty of the trial judge
[54:21.440 --> 54:25.760]  to determine the facts in accordance with the rules of evidence and apply the law to
[54:25.760 --> 54:32.600]  the facts if it comes to him, if he fails to apply the law, that's officially scottish.
[54:32.600 --> 54:40.760]  But let's take Pat, he's probably hanging off the water tower, but you do?
[54:40.760 --> 54:48.280]  I did, hello there Pat, good morning Steve, Joe you and I have never met but I've heard
[54:48.280 --> 54:55.720]  you on the radio a lot, well thanks, out there that I've learned from you, Randy I hope
[54:55.720 --> 55:00.640]  that your computer stays up, I'm not going to burn the wires down for you.
[55:00.640 --> 55:04.640]  That's okay, I'm on my cell phone now.
[55:04.640 --> 55:05.640]  Alright good.
[55:05.640 --> 55:11.840]  Just make sure you're hanging to the water tower and not my cell phone tower.
[55:11.840 --> 55:19.720]  There you go, cell phone towers burn too much, but let me step into this, this is going to
[55:19.720 --> 55:24.280]  be a little bit off subject for what you guys have been talking about, but you'll understand
[55:24.280 --> 55:32.520]  when I get into it that we're dealing with a multitude of issues here.
[55:32.520 --> 55:38.520]  Quickly let me give you a background, the state of Texas has a bunch of above ground
[55:38.520 --> 55:43.480]  water districts and subsurface water districts.
[55:43.480 --> 55:50.520]  Edwards Aquifer Authority in San Antonio is one of those subsurface water districts.
[55:50.520 --> 55:57.480]  Each year a multi-year lawsuit was finally ended with a ruling from the Texas Supreme
[55:57.480 --> 56:04.760]  Court that what they had been doing, as all the other water districts in this state do,
[56:04.760 --> 56:09.960]  in accordance with the Texas Water Code, which is part of the administrative code, we know
[56:09.960 --> 56:21.560]  what that is, the Texas Supreme Court ruled unanimously that the actions of the water
[56:21.560 --> 56:29.160]  district violated Article 1, Section 17 of the Texas Constitution.
[56:29.160 --> 56:38.160]  In other words, they performed a taking of private property without judicial authority,
[56:38.160 --> 56:47.240]  without any due process, and without remuneration, and remanded it all back so that the Edwards
[56:47.240 --> 56:54.120]  had to make payment to the two farmers that brought the action.
[56:54.120 --> 57:05.560]  With that in mind, I'm out here in West Texas and the county I'm in finally formed a water
[57:05.560 --> 57:12.440]  district, this is the newest one in the state, and as opposed to all the others, none of
[57:12.440 --> 57:14.040]  the members are elected.
[57:14.040 --> 57:16.080]  They are appointed for life.
[57:16.080 --> 57:24.480]  Whose life, I'm not sure yet, but they're all appointed for life, quotes, unquote.
[57:24.480 --> 57:32.400]  They have been put on notice by me, yours truly, of the Bell case that was the case
[57:32.400 --> 57:38.880]  down there in Pleasanton that went against the Edwards, and the ruling by the Texas Supreme
[57:38.880 --> 57:45.200]  Court, at their initial meeting where they were putting their plan forward on what they
[57:45.200 --> 57:48.240]  were going to do and how they were going to do it.
[57:48.240 --> 57:55.640]  Well, their plan calls for the regulation of pumping of private water from privately
[57:55.640 --> 58:02.160]  owned wells on private land, the permitting of everything, I hear the music coming, so
[58:02.160 --> 58:05.800]  what do we got, a minute maybe, 30 seconds?
[58:05.800 --> 58:06.800]  45, 44.
[58:06.800 --> 58:07.800]  All right.
[58:07.800 --> 58:12.200]  Why don't you carry this over to the other side.
[58:12.200 --> 58:15.840]  That sounds like a good idea, Pat, because I know your situation and I know how deep
[58:15.840 --> 58:20.800]  this is fixing to get, so folks, if you'd like to get on and join in conversation, you
[58:20.800 --> 58:25.880]  can do so by dialing 512-646-1984.
[58:25.880 --> 58:31.400]  You're listening to Rule of Law Radio with your hosts Randy Kelton, Joe Esquivel and
[58:31.400 --> 58:33.640]  Steve Skidmore.
[58:33.640 --> 58:35.920]  Any topic is open tonight.
[58:35.920 --> 58:41.440]  We started off with Rule 12, Federal Rules of Civil Procedure, but that doesn't mean
[58:41.440 --> 58:47.160]  that we're limited to it, so Pat, hang on there, I see Doug in Indiana, folks, we'll
[58:47.160 --> 58:48.160]  be right back.
[58:48.160 --> 58:49.160]  Thanks for tuning in.
[58:49.160 --> 58:54.640]  Would you like to make more definite progress in your walk with God?
[58:54.640 --> 58:59.800]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.800 --> 59:01.160]  can really help.
[59:01.160 --> 59:05.640]  The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.640 --> 59:06.640]  today.
[59:06.640 --> 59:10.520]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.520 --> 59:13.640]  to know God and to know the meaning of life.
[59:13.640 --> 59:18.880]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.880 --> 59:23.160]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.160 --> 59:28.080]  of salvation, growing in Christ and how to build up the Church.
[59:28.080 --> 59:33.080]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:33.080 --> 59:45.880]  Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102, or visit
[59:45.880 --> 59:48.800]  us online at bfa.org.
[59:48.800 --> 01:00:03.000]  Live, free speech radio, logosradionetwork.com.
[01:00:03.000 --> 01:00:07.680]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[01:00:07.680 --> 01:00:09.600]  Online at thelibertybeat.com.
[01:00:09.600 --> 01:00:14.480]  I'm Brian Hagan with your Liberty Beat for Friday, December 13th, 2013.
[01:00:14.480 --> 01:00:24.680]  Gold opened today at $1,231, silver opened at $19.48, and bitcoin is trading at $876.89.
[01:00:24.680 --> 01:00:29.320]  Support for the Liberty Beat comes from Brave New Books, your local source for One World
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[01:00:45.680 --> 01:00:47.960]  Online at centraltexasgunworks.com.
[01:00:47.960 --> 01:00:52.860]  In the news, an American man who disappeared more than six years ago in Iran had been working
[01:00:52.860 --> 01:00:54.320]  for the CIA.
[01:00:54.320 --> 01:00:59.280]  The Washington Times reports, retired FBI agent Robert Levinson was involved in a rogue
[01:00:59.280 --> 01:01:02.520]  operation that led to a major CIA shakeup.
[01:01:02.520 --> 01:01:06.520]  After he vanished, CIA officials told Congress and closed to her hearings, as well as the
[01:01:06.520 --> 01:01:10.640]  FBI, that Levinson did not have a current relationship with the agency.
[01:01:10.640 --> 01:01:15.160]  Documents later service indicating Levinson was sent to Iran by CIA analysts who had no
[01:01:15.160 --> 01:01:20.400]  authority to run overseas operations.
[01:01:20.400 --> 01:01:25.480]  Thursday evening, the White House said President Obama is concerned with media protests regarding
[01:01:25.480 --> 01:01:27.880]  limited press access to events.
[01:01:27.880 --> 01:01:33.580]  In the past couple of weeks, a number of organizations sent Press Secretary Jay Carney a letter protesting
[01:01:33.580 --> 01:01:37.840]  what they say amounted to nothing more than government propaganda in the form of pre-approved
[01:01:37.840 --> 01:01:43.560]  images taken by the White House staff.
[01:01:43.560 --> 01:01:48.320]  A middle school student in Virginia is suspended for playfully pretending to shoot an arrow
[01:01:48.320 --> 01:01:49.800]  at a fellow student.
[01:01:49.800 --> 01:01:53.920]  Along with the suspension, the district has threatened expulsion under the school's weapons
[01:01:53.920 --> 01:01:54.920]  policy.
[01:01:54.920 --> 01:01:56.520]  The arrow was imaginary.
[01:01:56.520 --> 01:02:01.080]  The Virginia-based civil liberties organization, the Rutherford Institute, has stepped in.
[01:02:01.080 --> 01:02:05.960]  According to Fox 43, the superintendent has been asked to rescind the suspension and remove
[01:02:05.960 --> 01:02:10.040]  all references to the incident from the 10-year-old boy's permanent school record.
[01:02:10.040 --> 01:02:15.000]  And a quick reminder, the recently formed Alliance of Austin Aggress will hold a meetup
[01:02:15.000 --> 01:02:19.680]  Saturday evening from 6 until 10 o'clock at Austin's Brave New Books.
[01:02:19.680 --> 01:02:24.880]  George Donnelly, founder of Shield Mutual, will be the special guest.
[01:02:24.880 --> 01:02:29.000]  Support for the Liberty Meet comes from Cabo Mops.
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[01:02:53.040 --> 01:02:56.360]  This is the Liberty Meet for Friday, December 13th.
[01:02:56.360 --> 01:02:59.360]  Make sure you check out the website at thelibertymeet.com.
[01:03:26.360 --> 01:03:38.360]  We are back, thank y'all for having me, I'm Stephen, Joe Esquivel, Steve Skipp, welcome
[01:03:38.360 --> 01:03:42.360]  to my radio, and we're talking to Pat in Texas.
[01:03:42.360 --> 01:03:49.360]  I'm going to say Pat, you're being called in to discuss water.
[01:03:49.360 --> 01:03:50.360]  Water?
[01:03:50.360 --> 01:03:54.840]  Do you have any water down there?
[01:03:54.840 --> 01:04:01.840]  No, we don't have water out here at all, I mean, why would we need water, right?
[01:04:01.840 --> 01:04:08.320]  Let me get back to where I was.
[01:04:08.320 --> 01:04:21.080]  In discussing the plan for the water board out here in the Texas County underground water
[01:04:21.080 --> 01:04:30.360]  conservation district, they were trying to work on a plan in accordance with the Texas
[01:04:30.360 --> 01:04:39.640]  Water Act and get it passed by all the landowners who have to pay for all this stuff.
[01:04:39.640 --> 01:04:46.520]  In the plan, it has some very specific considerations, number one, they can control how much water
[01:04:46.520 --> 01:04:56.120]  you pump, if you pump, when you pump, how you pump, you get to pay them a fee if you
[01:04:56.120 --> 01:05:03.200]  pump too much, and they make that determination, also they will permit your well, whether it's
[01:05:03.200 --> 01:05:06.320]  already been drilled or not, and you get to pay for it.
[01:05:06.320 --> 01:05:10.520]  We're talking about private property and a private well with a meter on it, right?
[01:05:10.520 --> 01:05:15.120]  Well, they don't want to put a meter on it, quote unquote, but they won't put that in
[01:05:15.120 --> 01:05:17.120]  writing.
[01:05:17.120 --> 01:05:18.120]  Interesting.
[01:05:18.120 --> 01:05:19.120]  Yeah.
[01:05:19.120 --> 01:05:20.120]  There's a lot of things here.
[01:05:20.120 --> 01:05:24.880]  We'll get into this here in just a second, but this is private property, private well,
[01:05:24.880 --> 01:05:30.120]  and in accordance with all the Texas Supreme Court and Appellate Court decisions dealing
[01:05:30.120 --> 01:05:37.200]  with water, water belongs to the landowner, period, and we'll get into some other side
[01:05:37.200 --> 01:05:40.600]  cases on that little jewel here in a second, too.
[01:05:40.600 --> 01:05:45.480]  There's been a lot of court cases that have actually been decided in the last 18 months,
[01:05:45.480 --> 01:05:51.160]  finally, that some of them have been running for more than five or six years, and it's
[01:05:51.160 --> 01:05:53.160]  pushing this whole thing to a head.
[01:05:53.160 --> 01:05:59.440]  Anyway, I gave them a copy of the court case, told them what they were trying to do was
[01:05:59.440 --> 01:06:10.360]  unconstitutional and that they bore personal, civil, and criminal liability for all of their
[01:06:10.360 --> 01:06:14.560]  acts and actions, and I got blown off.
[01:06:14.560 --> 01:06:22.840]  I got blown off their attorney who had been called in on a speakerphone, but later in
[01:06:22.840 --> 01:06:35.840]  the meeting when I wasn't there, the attorney actually stated that the plan had to be rewritten
[01:06:35.840 --> 01:06:43.280]  so that they could do some things and submit it properly, but because of the recent court
[01:06:43.280 --> 01:06:49.280]  decisions, the plan must be reevaluated.
[01:06:49.280 --> 01:06:55.760]  Now this plan, submitted by the attorney's firm, is the same plan that they have done
[01:06:55.760 --> 01:07:01.080]  for all of the other water districts in the state of Texas.
[01:07:01.080 --> 01:07:05.800]  This is just a boilerplate little thing that they keep saved on the hard disk, and they
[01:07:05.800 --> 01:07:10.680]  change names and locations of the guilty parties.
[01:07:10.680 --> 01:07:18.680]  Well, that was back in August, let's fast forward just a little bit, and there have
[01:07:18.680 --> 01:07:27.200]  been a number of meetings, and in October at the last meeting, I asked them if the plan
[01:07:27.200 --> 01:07:32.880]  that they had submitted for approval to the Texas Water Board in Austin was the same one
[01:07:32.880 --> 01:07:39.360]  that they had submitted to the public back in August without modification, and they said
[01:07:39.360 --> 01:07:46.080]  yes, and according to their attorney, it didn't need to be modified.
[01:07:46.080 --> 01:07:52.760]  So if you remember last Friday night, Randy, you were talking about the addition in Title
[01:07:52.760 --> 01:07:57.920]  18, Title 42, and 39.03.
[01:07:57.920 --> 01:08:04.840]  I had a little discussion with them yesterday, no, today's Friday, Wednesday, Wednesday evening,
[01:08:04.840 --> 01:08:14.120]  and they got the plan approved, as it was stated, and the attorney had called in again,
[01:08:14.120 --> 01:08:19.240]  so I had a little discussion with him.
[01:08:19.240 --> 01:08:25.200]  During the public comment section of that meeting, the whole meeting lasted maybe 30
[01:08:25.200 --> 01:08:31.240]  minutes, and I informed them that they had committed sedition, that they were assuming
[01:08:31.240 --> 01:08:37.240]  authority they did not have, they were violating their oaths, they were to uphold the Constitution
[01:08:37.240 --> 01:08:45.200]  because they were trying to get around the Constitution, and they were disregarding the
[01:08:45.200 --> 01:08:52.560]  recent court decisions, both from the Texas Supreme Court and from several other district
[01:08:52.560 --> 01:09:00.000]  courts, one up in Midland, one out in El Paso for Hudspeth County case.
[01:09:00.000 --> 01:09:03.480]  The one in Midland had to deal with permitting.
[01:09:03.480 --> 01:09:10.160]  The water district up there was found against or refusing to permit a well.
[01:09:10.160 --> 01:09:18.420]  The district court found that the permit process is strictly for commercial drillers, not the
[01:09:18.420 --> 01:09:25.800]  land owners, and it is to ensure that the water well is drilled properly and brought
[01:09:25.800 --> 01:09:29.520]  in properly in accordance with code.
[01:09:29.520 --> 01:09:36.480]  The case that was heard out in El Paso for Hudspeth County dealt with a taking off of
[01:09:36.480 --> 01:09:42.680]  private patented land, and that's where Jerry Patterson was found against and found to be
[01:09:42.680 --> 01:09:49.320]  personally liable for the damages in his official capacity.
[01:09:49.320 --> 01:09:50.320]  Still there?
[01:09:50.320 --> 01:09:51.320]  Yeah, we're here.
[01:09:51.320 --> 01:09:52.320]  This sounds fairly clear.
[01:09:52.320 --> 01:09:55.320]  Oh, it is very clear, straightforward.
[01:09:55.320 --> 01:10:06.840]  Now, in my discussions with Mr. Embry, the attorney, he's in Austin, and I reminded him
[01:10:06.840 --> 01:10:13.400]  that the attorney general's office has a little PDF document, it is a booklet, and it defines
[01:10:13.400 --> 01:10:22.360]  exactly who is a public servant as an attorney when they are receiving funds from a public
[01:10:22.360 --> 01:10:28.720]  agency, and it is him and along with all the other attorneys that receive those funds.
[01:10:28.720 --> 01:10:36.360]  So I reminded him that the Open Meeting Act applied to him and his clients there, because
[01:10:36.360 --> 01:10:39.240]  the clients, the real clients, are the landowners.
[01:10:39.240 --> 01:10:41.560]  We're the ones paying the bill.
[01:10:41.560 --> 01:10:49.060]  We're the ones on the hook for all of this, his $30,000 bill so far that hasn't been paid.
[01:10:49.060 --> 01:11:00.440]  You might remind the lawyer that he is subject to malpractice for turning this case.
[01:11:00.440 --> 01:11:09.480]  If he gives improper legal advice, he is personally liable for the results of damage.
[01:11:09.480 --> 01:11:17.880]  Yeah, I told him he was liable for it, and he needed to go back and address the situation
[01:11:17.880 --> 01:11:26.280]  of sedition in submitting a document for approval by a state agency that knowingly violated
[01:11:26.280 --> 01:11:27.280]  the state constitution.
[01:11:27.280 --> 01:11:29.920]  Okay, wait a minute.
[01:11:29.920 --> 01:11:42.080]  If he advised the agency to take an action that violated a law, or if he advised them
[01:11:42.080 --> 01:11:49.120]  to take an action that resulted in a litigation, which he would subsequently represent, what's
[01:11:49.120 --> 01:11:50.840]  that called, Jerry?
[01:11:50.840 --> 01:11:51.840]  Pat?
[01:11:51.840 --> 01:11:56.560]  Well, I think he's double billing and barritory is a-
[01:11:56.560 --> 01:11:57.560]  Barritory, exactly.
[01:11:57.560 --> 01:12:05.600]  That's the felony intention of calling it, but I know what I want to do with this, but
[01:12:05.600 --> 01:12:07.960]  we're not even finished with this one yet.
[01:12:07.960 --> 01:12:11.360]  That's the problem.
[01:12:11.360 --> 01:12:19.920]  When we broke up shortly after 5.30, I told the county judge who was there as well that
[01:12:19.920 --> 01:12:25.160]  this was his notice, because he'd been there for every one of these meetings over the last
[01:12:25.160 --> 01:12:31.320]  few months, that this was his first and only notice to have the commissioner's court remove
[01:12:31.320 --> 01:12:37.720]  this board that they installed, they are appointed, they're not elected, to remove them for cause
[01:12:37.720 --> 01:12:39.920]  for criminal actions.
[01:12:39.920 --> 01:12:45.440]  They have committed sedition, they have taken the power upon themselves that they do not
[01:12:45.440 --> 01:12:46.440]  have.
[01:12:46.440 --> 01:12:47.440]  Yes, sir.
[01:12:47.440 --> 01:12:49.760]  Are you familiar with Paul Warento removal?
[01:12:49.760 --> 01:12:52.400]  Yes, sir, I am.
[01:12:52.400 --> 01:12:56.720]  I had already stepped through that with the county judge back in October.
[01:12:56.720 --> 01:12:59.520]  I have all of this on tape.
[01:12:59.520 --> 01:13:06.920]  I have somebody transcribing all of this and putting it into transcripts for me, and I
[01:13:06.920 --> 01:13:13.000]  already have a number of landowners out here that all want copies, and this is going to
[01:13:13.000 --> 01:13:20.200]  get deep before it gets better, but what they're trying to do under the auspices of the Clean
[01:13:20.200 --> 01:13:29.520]  Water Act, under a decision by DOJ going all the way back to 93, when Clinton was president,
[01:13:29.520 --> 01:13:36.440]  the Feldman memo that was given to Senator Feldman from a, oh god, I don't remember
[01:13:36.440 --> 01:13:46.200]  the name, an attorney at DOJ in DC, was basically lined out the actions that were to be taken
[01:13:46.200 --> 01:13:53.240]  under the Clean Water Act to take control of water in all of the states under the auspices
[01:13:53.240 --> 01:14:00.520]  of the state water districts, and under the Clean Water Act, if you can put a meter on
[01:14:00.520 --> 01:14:03.720]  a well, you can turn it off.
[01:14:03.720 --> 01:14:09.560]  If you turn the water off, and I've seen it done in other states already and in other
[01:14:09.560 --> 01:14:15.040]  locations, you turn the water off to a dairyman on the 10th of the month, what is his cows
[01:14:15.040 --> 01:14:17.480]  going to drink?
[01:14:17.480 --> 01:14:26.320]  You turn the water off to a cattleman, a beater on a well on private property, private well
[01:14:26.320 --> 01:14:34.520]  on private property, now you do not have a right to privacy of your person.
[01:14:34.520 --> 01:14:35.520]  Thank you.
[01:14:35.520 --> 01:14:40.800]  But you do have a right to privacy of your property.
[01:14:40.800 --> 01:14:50.000]  Oh, Randy, the Supreme Court, Texas Supreme Court ruled in the Bell case, which is about
[01:14:50.000 --> 01:14:55.700]  the Edwards Aquifer authority, that it was a violation of Article 1, Section 17A, which
[01:14:55.700 --> 01:14:58.000]  is a taking.
[01:14:58.000 --> 01:15:04.040]  None of the water districts have imminent domain authority at all, period.
[01:15:04.040 --> 01:15:08.120]  They cannot buy or sell water.
[01:15:08.120 --> 01:15:16.720]  So if they take water, or they take or impact the usage of that water, which is what they're
[01:15:16.720 --> 01:15:24.160]  doing, they're turning people's wells off and telling people they cannot pump, they
[01:15:24.160 --> 01:15:28.200]  have taken control of that water, haven't they?
[01:15:28.200 --> 01:15:34.680]  Now I don't know what you guys pay for water in Austin or in Dallas, but I know what water
[01:15:34.680 --> 01:15:40.920]  costs out here in a bottle, 16 ounces of it will cost you $2.
[01:15:40.920 --> 01:15:48.800]  And I already told them, my land is patented, and I have some court rulings, the last one
[01:15:48.800 --> 01:15:55.840]  dealing with this property over in Hudspeth County, that if it isn't on the face of the
[01:15:55.840 --> 01:16:06.560]  patent reserved to the state, the state has no authority to act upon any aspect of it.
[01:16:06.560 --> 01:16:09.840]  That was the ruling.
[01:16:09.840 --> 01:16:16.560]  It dealt with a ruling dealing with taking of caliche from a lady's land out in Hudspeth
[01:16:16.560 --> 01:16:17.560]  County.
[01:16:17.560 --> 01:16:24.000]  Jerry Patterson got to pay a lot of money for that couple of truckloads of dirt.
[01:16:24.000 --> 01:16:29.200]  Hey, Pat, I've got a question for you.
[01:16:29.200 --> 01:16:33.040]  What type of remuneration are they offering?
[01:16:33.040 --> 01:16:34.040]  None.
[01:16:34.040 --> 01:16:35.040]  None.
[01:16:35.040 --> 01:16:36.040]  Okay.
[01:16:36.040 --> 01:16:40.960]  I hear the music in the background, folks, we're going to go to break, Pat, hang on.
[01:16:40.960 --> 01:16:45.400]  And if you could please, the folks in the background there, remind them that you're
[01:16:45.400 --> 01:16:52.280]  on live radio broadcast, if you would, 512-646-1984, folks, is the number you can dial to join
[01:16:52.280 --> 01:16:56.680]  in conversation, and we'll be right back after these few brief messages.
[01:16:56.680 --> 01:16:58.680]  Stay tuned.
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[01:19:26.080 --> 01:19:36.080]  Well, ain't gonna fool me with that same old trick again.
[01:19:36.080 --> 01:19:41.080]  I was blindsided but now I can see your plan.
[01:19:41.080 --> 01:19:47.080]  You put the fear in my pocket, took the money from my hand.
[01:19:47.080 --> 01:19:55.080]  Ain't gonna fool me with that same old trick again.
[01:19:55.080 --> 01:20:01.080]  Ain't gonna fool me.
[01:20:01.080 --> 01:20:03.080]  Welcome back to Rule of Law Radio, folks.
[01:20:03.080 --> 01:20:08.080]  512-646-1984 is the number to dial if you'd like to join us in conversation.
[01:20:08.080 --> 01:20:13.080]  And right now we're talking about a very, very important issue, and that is the control
[01:20:13.080 --> 01:20:14.080]  of water rights.
[01:20:14.080 --> 01:20:17.080]  And we're speaking with Pat in Texas in this regard.
[01:20:17.080 --> 01:20:21.080]  Pat, you still with us?
[01:20:21.080 --> 01:20:23.080]  Let me unmute him.
[01:20:23.080 --> 01:20:25.080]  Sorry about that, Pat.
[01:20:25.080 --> 01:20:27.080]  I had to push the go live button.
[01:20:27.080 --> 01:20:28.080]  There we go.
[01:20:28.080 --> 01:20:31.080]  I don't know if I'm alive or not, but that's okay.
[01:20:31.080 --> 01:20:34.080]  I thought maybe you fell off the tower.
[01:20:34.080 --> 01:20:37.080]  Oh, that happened once or twice already.
[01:20:37.080 --> 01:20:41.080]  For those of you who don't know, Pat's out southwest texture.
[01:20:41.080 --> 01:20:45.080]  In order to get a signal, sometimes he has to climb up the water tower.
[01:20:45.080 --> 01:20:50.080]  Yeah, it's not real tall and it's not real windy, but that's all right.
[01:20:50.080 --> 01:20:52.080]  Just a little nippy.
[01:20:52.080 --> 01:20:53.080]  Yeah.
[01:20:53.080 --> 01:20:59.080]  The whole aspect of this, you were asking me about remuneration from the board.
[01:20:59.080 --> 01:21:02.080]  The board cannot make any remuneration.
[01:21:02.080 --> 01:21:08.080]  They are there to take control and to charge taxes.
[01:21:08.080 --> 01:21:17.080]  And, and this is what is going to cause other problems, is they are going to issue bonds.
[01:21:17.080 --> 01:21:21.080]  What are they going to use as security for the bond?
[01:21:21.080 --> 01:21:23.080]  Your land.
[01:21:23.080 --> 01:21:26.080]  The water.
[01:21:26.080 --> 01:21:29.080]  They're going to hypothecate the water.
[01:21:29.080 --> 01:21:35.080]  Well, isn't the water, if the water exists in your land.
[01:21:35.080 --> 01:21:41.080]  Keep in mind, Pat has, has patented his property and under land patent law,
[01:21:41.080 --> 01:21:45.080]  if you possess property by deed, you have an inferior right.
[01:21:45.080 --> 01:21:54.080]  You have only ownership interest, but if you have accepted a patent to your property,
[01:21:54.080 --> 01:22:01.080]  then now you own the land and that consists more of what lies, more than what lies on its surface.
[01:22:01.080 --> 01:22:06.080]  Bring this into picture, bring this into mind picture of the globe,
[01:22:06.080 --> 01:22:09.080]  put a small point right dead center of the planet earth.
[01:22:09.080 --> 01:22:18.080]  You now own everything from that point from the center up through your property, property lines and out into space.
[01:22:18.080 --> 01:22:29.080]  So having said that, whatever water lies beneath the surface of your soil, Pat, you own that outright privately.
[01:22:29.080 --> 01:22:36.080]  Now, what, how, how does this, does this water board gain jurisdiction over your property?
[01:22:36.080 --> 01:22:37.080]  Well, that's what I asked them.
[01:22:37.080 --> 01:22:44.080]  And they said, well, because the state legislature passed a bill and I looked at them and I read them.
[01:22:44.080 --> 01:22:50.080]  State legislature lacks jurisdiction where you have land patented.
[01:22:50.080 --> 01:22:55.080]  Well, I've read them several things, but one of them was article one, section 16.
[01:22:55.080 --> 01:23:08.080]  No bill of attainder shall issue and minded them that under screws versus us, they have a responsibility, a duty to know the law.
[01:23:08.080 --> 01:23:10.080]  They cannot say they do not know the law.
[01:23:10.080 --> 01:23:16.080]  Some of these boys have already been in their present position for two years.
[01:23:16.080 --> 01:23:30.080]  Now, with this in mind, the president of the board is the son of the man who got this water district put in place is one of the richest men out in this area.
[01:23:30.080 --> 01:23:35.080]  He has control of over seventy five thousand acres in three counties.
[01:23:35.080 --> 01:23:48.080]  He no longer does any animal husbandry other than wild games so that they can charge you twenty five thousand dollars a day to go hunting on their ranch.
[01:23:48.080 --> 01:23:50.080]  Not that I would do that.
[01:23:50.080 --> 01:23:51.080]  Right.
[01:23:51.080 --> 01:23:52.080]  I got my own place.
[01:23:52.080 --> 01:24:06.080]  But with that having been said, the one of the other people on the board is the one and only banker in the county.
[01:24:06.080 --> 01:24:25.080]  And I raised the issue of conflict of interest of having the banker on the board when they're going to be discussing banking issues and several other issues dealing with funds, transfers of taxes and some other things.
[01:24:25.080 --> 01:24:29.080]  They held a closed door meeting with the attorney.
[01:24:29.080 --> 01:24:42.080]  This is why I reiterated to the fine attorney that he is a public servant and he needs to go back and download the Open Meetings Act and read it.
[01:24:42.080 --> 01:24:55.080]  Because we have a violation of the Open Meetings Act in his discussions with the board about the banker's conflict of interest position.
[01:24:55.080 --> 01:25:13.080]  To define conflict of interest, all they have to do is have ten percent or more of their annual earnings in that entity that they represent that they're coming onto the board for.
[01:25:13.080 --> 01:25:14.080]  And she's a banker.
[01:25:14.080 --> 01:25:19.080]  They wanted a banker on the board to give them insights and things.
[01:25:19.080 --> 01:25:21.080]  But she's the only banker.
[01:25:21.080 --> 01:25:23.080]  So is there a conflict?
[01:25:23.080 --> 01:25:25.080]  Yeah.
[01:25:25.080 --> 01:25:34.080]  And that was determined in a closed door meeting in violation of the definitions of some things.
[01:25:34.080 --> 01:25:41.080]  We're cataloging a series of events here going through from the last few months.
[01:25:41.080 --> 01:25:54.080]  And coming up to Wednesday evening when I kind of read them the Riot Act after they said that they were going to go forward with the current plan,
[01:25:54.080 --> 01:26:02.080]  which was the one that was written before they were informed that it was unconstitutional.
[01:26:02.080 --> 01:26:03.080]  They didn't care.
[01:26:03.080 --> 01:26:09.080]  I got basically told to go urinate up a rope in the middle of winter.
[01:26:09.080 --> 01:26:11.080]  That's not always the easiest thing to do.
[01:26:11.080 --> 01:26:16.080]  Well, you know, I'm a talented person, but there are some things I do.
[01:26:16.080 --> 01:26:31.080]  And with that having been said, the current board members have all been informed that they violated the law, multiple laws,
[01:26:31.080 --> 01:26:38.080]  and that I was going to go ahead and make sure that justice was served.
[01:26:38.080 --> 01:26:48.080]  And then I turned to the county judge and let him know that the county commissioners had an intel next commissioner's court
[01:26:48.080 --> 01:26:55.080]  to get the procedure running to remove the board for a cause.
[01:26:55.080 --> 01:27:02.080]  Now, that fine young judge and I have already had a run-in where I filed on him for Open Meetings Act violations
[01:27:02.080 --> 01:27:12.080]  and some other things about property taxes, and we had a discussion afterwards
[01:27:12.080 --> 01:27:19.080]  where one of the board members told me three times for me to be careful.
[01:27:19.080 --> 01:27:24.080]  That's a threat.
[01:27:24.080 --> 01:27:34.080]  Well, I take it as a personal threat and attempted intimidation, but the man that did it,
[01:27:34.080 --> 01:27:41.080]  knowing him, knowing how he normally stands, his facial expressions, and his tone of voice,
[01:27:41.080 --> 01:27:46.080]  yes, I take it as a personal threat for my family and myself.
[01:27:46.080 --> 01:27:49.080]  That's one of the reasons I'm calling in.
[01:27:49.080 --> 01:27:50.080]  Okay.
[01:27:50.080 --> 01:27:51.080]  Pat.
[01:27:51.080 --> 01:27:52.080]  Yes, sir.
[01:27:52.080 --> 01:27:57.080]  It makes no difference what he intended.
[01:27:57.080 --> 01:28:04.080]  It only matters the effect it had on you as to whether or not it is a threat.
[01:28:04.080 --> 01:28:06.080]  Oh, I understand.
[01:28:06.080 --> 01:28:11.080]  He takes it as a fine proportion.
[01:28:11.080 --> 01:28:13.080]  Go ahead, Randy, go ahead.
[01:28:13.080 --> 01:28:21.080]  Did you file 3606 retaliation against him?
[01:28:21.080 --> 01:28:23.080]  Not yet.
[01:28:23.080 --> 01:28:25.080]  That will go in Monday.
[01:28:25.080 --> 01:28:27.080]  Good.
[01:28:27.080 --> 01:28:30.080]  And 3605 can't win.
[01:28:30.080 --> 01:28:31.080]  Yeah.
[01:28:31.080 --> 01:28:37.080]  Well, you also have to understand that the sheriff refuses to take anything from me.
[01:28:37.080 --> 01:28:39.080]  This is the same sheriff, Randy.
[01:28:39.080 --> 01:28:44.080]  Remember a few years back we had some issues out here with the Border Patrol?
[01:28:44.080 --> 01:28:45.080]  Yes.
[01:28:45.080 --> 01:28:46.080]  All right.
[01:28:46.080 --> 01:28:47.080]  It hasn't gone away.
[01:28:47.080 --> 01:28:54.080]  This is still the same sheriff, and one of the board members, you're going to love this one,
[01:28:54.080 --> 01:28:58.080]  is the station chief for the Border Patrol out here.
[01:28:58.080 --> 01:29:04.080]  He is an armed federal agent that has over 60 armed federal agents under voice control.
[01:29:04.080 --> 01:29:14.080]  One of those voice-controlled armed federal agents stopped him in coming out of my property recently
[01:29:14.080 --> 01:29:22.080]  and with no jurisdictional authority to stop him on the public highway in front of my property
[01:29:22.080 --> 01:29:29.080]  and told him to stay away from criminals like my wife and I.
[01:29:29.080 --> 01:29:35.080]  Now, I know most of the listeners do not know who I am or what I've ever done,
[01:29:35.080 --> 01:29:38.080]  and I hear music in the background again.
[01:29:38.080 --> 01:29:40.080]  Yes, sir.
[01:29:40.080 --> 01:29:48.080]  This won't go into any of that, it's irrelevant, but what I'm trying to do is build a record here.
[01:29:48.080 --> 01:29:49.080]  Right.
[01:29:49.080 --> 01:29:50.080]  Hold that thought, Pat.
[01:29:50.080 --> 01:29:51.080]  We've got to go to break.
[01:29:51.080 --> 01:29:53.080]  Folks, we'll be right back after this break.
[01:29:53.080 --> 01:30:01.080]  You can dial 512-646-1984 if you'd like to join in the conversation, and I'll see you then.
[01:30:01.080 --> 01:30:03.080]  Seafood lovers, beware.
[01:30:03.080 --> 01:30:07.080]  A new undercover investigation has found that half of Massachusetts seafood
[01:30:07.080 --> 01:30:10.080]  is misleadingly labeled as a more expensive variety.
[01:30:10.080 --> 01:30:15.080]  I'm Dr. Catherine Albrecht, and I'll be back with details on this fishy business.
[01:30:15.080 --> 01:30:17.080]  Privacy is under attack.
[01:30:17.080 --> 01:30:20.080]  When you give up data about yourself, you'll never get it back again.
[01:30:20.080 --> 01:30:25.080]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.080 --> 01:30:30.080]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.080 --> 01:30:33.080]  Privacy, it's worth hanging on to.
[01:30:33.080 --> 01:30:37.080]  This public service announcement is brought to you by Startpage.com,
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[01:30:44.080 --> 01:30:48.080]  New Englanders will tell you fresh cod is a delicacy worth paying for.
[01:30:48.080 --> 01:30:54.080]  Problem is, your chances of actually getting the cod you order is no better than 50-50 these days.
[01:30:54.080 --> 01:30:58.080]  According to an investigation by the Boston Globe, nearly half of all seafood
[01:30:58.080 --> 01:31:02.080]  sold in Massachusetts is wrongly labeled as a more expensive variety.
[01:31:02.080 --> 01:31:04.080]  The riskiest order was tuna.
[01:31:04.080 --> 01:31:07.080]  Every sample tested was, in fact, a cheaper variety.
[01:31:07.080 --> 01:31:10.080]  In most cases, escolar, which can cause stomach upset.
[01:31:10.080 --> 01:31:16.080]  Other common replacements include tilapia for red snapper, catfish masquerading as grouper,
[01:31:16.080 --> 01:31:19.080]  and farmer's salmon labeled as wild.
[01:31:19.080 --> 01:31:22.080]  Sadly, seafood has become fishy business.
[01:31:22.080 --> 01:31:27.080]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:27.080 --> 01:31:35.080]  I lost my son, my nephew, my uncle, my son on September 11, 2001.
[01:31:35.080 --> 01:31:39.080]  Most people don't know that a third tower fell on September 11.
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[01:31:43.080 --> 01:31:47.080]  Although the official explanation is that fire brought down Building 7,
[01:31:47.080 --> 01:31:51.080]  over 1,200 architects and engineers have looked into the evidence
[01:31:51.080 --> 01:31:53.080]  and believe there is more to the story.
[01:31:53.080 --> 01:31:56.080]  Bring justice to my son, my uncle, my nephew, my son.
[01:31:56.080 --> 01:32:01.080]  Go to buildingwhat.org. Why it fell, why it matters, and what you can do.
[01:32:01.080 --> 01:32:04.080]  Nutritious food is real body armor.
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[01:32:10.080 --> 01:32:14.080]  Did you know the U.S. government banned the hemp plant from growing in the United States
[01:32:14.080 --> 01:32:18.080]  and classified it as a Schedule I drug to hide it behind a marijuana plant?
[01:32:18.080 --> 01:32:21.080]  People have been confused about this plant for over 80 years,
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[01:32:24.080 --> 01:32:28.080]  Now you know hemp is not marijuana, and marijuana is not hemp.
[01:32:28.080 --> 01:32:31.080]  They are different varieties of the same species.
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[01:33:02.080 --> 01:33:05.080]  Looking for some truth?
[01:33:05.080 --> 01:33:06.080]  You found it.
[01:33:06.080 --> 01:33:30.080]  LogosRadioNetwork.com
[01:33:30.080 --> 01:33:33.080]  Welcome back to Rule of Law Radio, folks.
[01:33:33.080 --> 01:33:38.080]  Sorry, I ran off the cliff there right at the end of the break,
[01:33:38.080 --> 01:33:41.080]  or going into the break.
[01:33:41.080 --> 01:33:47.080]  We're speaking with Pat in Texas, and let me push the go live button.
[01:33:47.080 --> 01:33:48.080]  He's already live.
[01:33:48.080 --> 01:33:53.080]  Pat, we are getting a lot of calls, so we need to kind of step this up.
[01:33:53.080 --> 01:33:58.080]  Now, I understand that you feel that your life has been threatened.
[01:33:58.080 --> 01:34:00.080]  Am I correct or incorrect in that assumption?
[01:34:00.080 --> 01:34:04.080]  No, no, you are very correct, knowing the individuals that we're dealing with
[01:34:04.080 --> 01:34:13.080]  and the situations that have happened in the past are alive, my life especially.
[01:34:13.080 --> 01:34:19.080]  They would love to put a bullet in the back of my head out here on one of the roads.
[01:34:19.080 --> 01:34:24.080]  Well, let's hope that that never happens, but if it does,
[01:34:24.080 --> 01:34:31.080]  then it's your own record right now as to your suspicions and fears.
[01:34:31.080 --> 01:34:37.080]  My wife is sitting at home down, staying warm, listening to this,
[01:34:37.080 --> 01:34:45.080]  and there are a number of witnesses to the fact of the different things
[01:34:45.080 --> 01:34:48.080]  that have happened in the last few months.
[01:34:48.080 --> 01:34:53.080]  And when this other young man came and told me what had happened to him out here on the highway,
[01:34:53.080 --> 01:34:59.080]  people need to realize that there's only four major roads in this whole county
[01:34:59.080 --> 01:35:03.080]  of eight and a half million acres and a thousand people who live here.
[01:35:03.080 --> 01:35:06.080]  So, yeah, we're few and far between out here.
[01:35:06.080 --> 01:35:15.080]  But this water issue, the decision by the Texas Supreme Court last year in the Bell case
[01:35:15.080 --> 01:35:21.080]  dealing with the Edwards Aquifer Authority has far-reaching effects
[01:35:21.080 --> 01:35:27.080]  for every water district in the state of Texas, for every property owner in the state of Texas,
[01:35:27.080 --> 01:35:33.080]  but also for other states because a taking is a taking.
[01:35:33.080 --> 01:35:37.080]  It doesn't make any difference which state you're in.
[01:35:37.080 --> 01:35:41.080]  And the more people that realize this and fight this issue,
[01:35:41.080 --> 01:35:46.080]  we're going to have a possible chance of saving some things.
[01:35:46.080 --> 01:35:54.080]  I want people to realize that if you look at the corridors for the NAFTA superhighways,
[01:35:54.080 --> 01:35:59.080]  you're going to see certain actions going on.
[01:35:59.080 --> 01:36:04.080]  Look at condemnation proceedings on houses.
[01:36:04.080 --> 01:36:10.080]  Look at ordinances that have been passed to stop renovations on buildings
[01:36:10.080 --> 01:36:17.080]  and houses that have been damaged by noise, damaged by jets from the local air base.
[01:36:17.080 --> 01:36:22.080]  The Air Force is replacing the F-16 with the F-22 and the F-35.
[01:36:22.080 --> 01:36:27.080]  They have noise suppression technology on board both those aircraft.
[01:36:27.080 --> 01:36:31.080]  They can fly up. You won't even know they're next to you.
[01:36:31.080 --> 01:36:34.080]  They're purposely turning them off.
[01:36:34.080 --> 01:36:40.080]  They are 10 to 20 times louder than the F-16 when they turn the noise suppression off.
[01:36:40.080 --> 01:36:46.080]  They are damaging people's health. They are damaging animal health.
[01:36:46.080 --> 01:36:54.080]  This water grab is to drive farmers and ranchers off the land and take control.
[01:36:54.080 --> 01:36:59.080]  If you don't have water, you're not going to live out here or anywhere else for that matter.
[01:36:59.080 --> 01:37:02.080]  If you think things are expensive right now, you wait.
[01:37:02.080 --> 01:37:06.080]  This is going to get real nasty real fast.
[01:37:06.080 --> 01:37:11.080]  I've already talked to a number of landowners,
[01:37:11.080 --> 01:37:19.080]  and it is the landowners that are the ones footing this bill up front with increased property taxes,
[01:37:19.080 --> 01:37:22.080]  even though they're not supposed to be taxed.
[01:37:22.080 --> 01:37:25.080]  This is where we run into one other thing.
[01:37:25.080 --> 01:37:30.080]  The board out here has already started collecting tax on property,
[01:37:30.080 --> 01:37:38.080]  and they do not even have the authority for the taxing district to collect taxes yet.
[01:37:38.080 --> 01:37:43.080]  That's called a false presentment by the tax assessor.
[01:37:43.080 --> 01:37:46.080]  That's a felony in this state.
[01:37:46.080 --> 01:37:50.080]  Go talk to Joy Streeter. She's a county clerk over in Comel County.
[01:37:50.080 --> 01:37:53.080]  She's the one that got that law passed.
[01:37:53.080 --> 01:37:59.080]  They all had to deal with the Republic of Texas movement, folks, several years back.
[01:37:59.080 --> 01:38:02.080]  But that little jewel is there.
[01:38:02.080 --> 01:38:07.080]  We're going to proceed on that one, help our dear friends spend a very Merry Christmas,
[01:38:07.080 --> 01:38:11.080]  at least next year, in a new hotel.
[01:38:11.080 --> 01:38:15.080]  There you go. Crossbar Hotel.
[01:38:15.080 --> 01:38:18.080]  The room service sucks.
[01:38:18.080 --> 01:38:22.080]  Well, they get to do it themselves.
[01:38:22.080 --> 01:38:29.080]  Thank you, Pat, but keep us up to date on this.
[01:38:29.080 --> 01:38:34.080]  Can you send me the Bell case that you spoke of?
[01:38:34.080 --> 01:38:38.080]  Yes, I can. I will get that to you. I'll get it to Steve.
[01:38:38.080 --> 01:38:43.080]  This is a landmark decision.
[01:38:43.080 --> 01:38:45.080]  Good. Get that to me.
[01:38:45.080 --> 01:38:49.080]  If you'll send me your research, I'll put it on jurisprudence.
[01:38:49.080 --> 01:38:55.080]  I have a malware warning on it now, but I'll have that off in a few days.
[01:38:55.080 --> 01:39:02.080]  I'll put it in my research folder on jurisprudence so it's accessible.
[01:39:02.080 --> 01:39:09.080]  One of the greatest things I ever did with jurisprudence is I had filed criminal charges against my district judge,
[01:39:09.080 --> 01:39:14.080]  and I was talking to the district attorney, and he asked me if I had a copy of the complaint.
[01:39:14.080 --> 01:39:18.080]  I said, well, I've got it on this flash drive. Oh, I can't put that in my computer.
[01:39:18.080 --> 01:39:23.080]  I said, well, then you can look on jurisprudence.com and download it off the web.
[01:39:23.080 --> 01:39:28.080]  He said, Mr. Kelton, tell me you don't have that on the Internet.
[01:39:28.080 --> 01:39:31.080]  Oh, yeah, yeah, you can just download it.
[01:39:31.080 --> 01:39:37.080]  Oh, Mr. Kelton, you give me such a pain in the behind.
[01:39:37.080 --> 01:39:40.080]  Yeah, but it's a legal pain in the behind.
[01:39:40.080 --> 01:39:45.080]  They really hate that when it's out there where everybody can get to it.
[01:39:45.080 --> 01:39:50.080]  Oh, well, our dear sheriff out here refuses to take any complaints from me,
[01:39:50.080 --> 01:39:55.080]  and the county attorney is in the same boat. I filed on both last time.
[01:39:55.080 --> 01:39:58.080]  Oh, no problem. Just file with the attorney general.
[01:39:58.080 --> 01:40:00.080]  Oh, I'm going to. Everything's going to be okay.
[01:40:00.080 --> 01:40:05.080]  Okay, hold on. Go back and read. This is just passed in 07.
[01:40:05.080 --> 01:40:06.080]  Yeah.
[01:40:06.080 --> 01:40:09.080]  39.015 penal code.
[01:40:09.080 --> 01:40:12.080]  015.
[01:40:12.080 --> 01:40:17.080]  It gives the attorney general concurrent jurisdiction
[01:40:17.080 --> 01:40:22.080]  in matters of criminal accusations against public officials.
[01:40:22.080 --> 01:40:24.080]  Oh, wonderful.
[01:40:24.080 --> 01:40:28.080]  You love that one.
[01:40:28.080 --> 01:40:35.080]  What we've got to do is hit the county boys here, the elected officials,
[01:40:35.080 --> 01:40:40.080]  before the next election because Texas is the only state in the union
[01:40:40.080 --> 01:40:44.080]  that has a law in its books that if you're a county official
[01:40:44.080 --> 01:40:49.080]  and you go and commit a crime and have not been adjudicated yet,
[01:40:49.080 --> 01:40:52.080]  and you go to the next election and you get reelected,
[01:40:52.080 --> 01:40:59.080]  that election wipes all of the criminal actions.
[01:40:59.080 --> 01:41:01.080]  You get a clean slate.
[01:41:01.080 --> 01:41:03.080]  Wow.
[01:41:03.080 --> 01:41:05.080]  Yeah, I've already had this one.
[01:41:05.080 --> 01:41:08.080]  Can you send me that?
[01:41:08.080 --> 01:41:11.080]  I've got it somewhere on one of the hard drives.
[01:41:11.080 --> 01:41:12.080]  Okay, if you come across it,
[01:41:12.080 --> 01:41:16.080]  send it to me because that's one of the ones we need adjusted.
[01:41:16.080 --> 01:41:20.080]  Oh, adjusted? I'll give you an adjustment on that one.
[01:41:20.080 --> 01:41:22.080]  I'll come and help it.
[01:41:22.080 --> 01:41:24.080]  That's what I mean.
[01:41:24.080 --> 01:41:28.080]  Yeah, they don't want to see me in the AG's office much more.
[01:41:28.080 --> 01:41:31.080]  Well, it's all political.
[01:41:31.080 --> 01:41:37.080]  And if this little compote county down here feels pressure from Austin,
[01:41:37.080 --> 01:41:39.080]  it will change their perspective,
[01:41:39.080 --> 01:41:43.080]  especially if you go to the attorney general
[01:41:43.080 --> 01:41:50.080]  and make accusations against local police officers for making terroristic threats.
[01:41:50.080 --> 01:41:52.080]  Yeah.
[01:41:52.080 --> 01:41:55.080]  You don't care if it gets adjudicated or not,
[01:41:55.080 --> 01:41:59.080]  but you wave it in front of somebody that they're afraid of,
[01:41:59.080 --> 01:42:03.080]  and that should keep them away from you.
[01:42:03.080 --> 01:42:04.080]  Yeah.
[01:42:04.080 --> 01:42:05.080]  Okay.
[01:42:05.080 --> 01:42:06.080]  Thank you, Pat.
[01:42:06.080 --> 01:42:07.080]  As we move along,
[01:42:07.080 --> 01:42:12.080]  the call board is really building up, and don't be such a stranger.
[01:42:12.080 --> 01:42:14.080]  Steve knows, believe me.
[01:42:14.080 --> 01:42:15.080]  Oh, yeah.
[01:42:15.080 --> 01:42:18.080]  I do talk once in a while.
[01:42:18.080 --> 01:42:20.080]  You guys have a good night.
[01:42:20.080 --> 01:42:21.080]  Okay, thank you, Pat.
[01:42:21.080 --> 01:42:23.080]  Thank you for calling in, Pat.
[01:42:23.080 --> 01:42:26.080]  Now we're going to go to Doug in Indiana.
[01:42:26.080 --> 01:42:27.080]  Hello, Doug.
[01:42:27.080 --> 01:42:30.080]  What do you have for us tonight?
[01:42:30.080 --> 01:42:38.080]  I've got legal mortgage foreclosure.
[01:42:38.080 --> 01:42:39.080]  Wait a minute.
[01:42:39.080 --> 01:42:40.080]  Are they still doing that?
[01:42:40.080 --> 01:42:41.080]  Wait a minute.
[01:42:41.080 --> 01:42:45.080]  Legal and mortgage foreclosure in the same sentence?
[01:42:45.080 --> 01:42:47.080]  Illegal.
[01:42:47.080 --> 01:42:48.080]  Okay, there you go.
[01:42:48.080 --> 01:42:50.080]  That makes better sense.
[01:42:50.080 --> 01:42:51.080]  Okay.
[01:42:51.080 --> 01:42:53.080]  What is the state of your mortgage now?
[01:42:53.080 --> 01:42:57.080]  Well, this happened back in 2006.
[01:42:57.080 --> 01:43:00.080]  It's already been over with properly.
[01:43:00.080 --> 01:43:03.080]  It's been resold by shelf sale.
[01:43:03.080 --> 01:43:05.080]  I didn't know nothing about it.
[01:43:05.080 --> 01:43:12.080]  I was absolutely nothing about the law back then, but I was in the military.
[01:43:12.080 --> 01:43:14.080]  I've since retired.
[01:43:14.080 --> 01:43:15.080]  Whoa.
[01:43:15.080 --> 01:43:19.080]  Did they foreclose on your property while you were in the military?
[01:43:19.080 --> 01:43:21.080]  Yes, they did.
[01:43:21.080 --> 01:43:23.080]  All righty then.
[01:43:23.080 --> 01:43:27.080]  I was raised in Iraqi freedom as a matter of fact.
[01:43:27.080 --> 01:43:31.080]  Then you have a very good claim.
[01:43:31.080 --> 01:43:32.080]  It's still good.
[01:43:32.080 --> 01:43:35.080]  We'll release that.
[01:43:35.080 --> 01:43:36.080]  Okay.
[01:43:36.080 --> 01:43:37.080]  Hold on.
[01:43:37.080 --> 01:43:45.080]  This is, we're about to go to break, but there's an issue in the stipulation to the offices
[01:43:45.080 --> 01:43:48.080]  of Comptroller of Currency we'll talk about when we come back.
[01:43:48.080 --> 01:43:53.080]  Remember Stevens, Joe Esquivel, Steve Skidmore, Blue Law Radio.
[01:43:53.080 --> 01:43:57.080]  I'll call it number 512-646-1984.
[01:43:57.080 --> 01:44:00.080]  We'll be right back.
[01:44:00.080 --> 01:44:04.080]  You feel tired when talking about important topics like money and politics?
[01:44:04.080 --> 01:44:05.080]  Sorry.
[01:44:05.080 --> 01:44:08.080]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:08.080 --> 01:44:09.080]  What?
[01:44:09.080 --> 01:44:13.080]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:13.080 --> 01:44:16.080]  Hi, my name is Steve Holt, and like millions of other Americans,
[01:44:16.080 --> 01:44:19.080]  I was diagnosed with stupidity at an early age.
[01:44:19.080 --> 01:44:22.080]  I had no idea that the number one cause of the disease is found
[01:44:22.080 --> 01:44:25.080]  in almost every home in America, the television.
[01:44:25.080 --> 01:44:30.080]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[01:44:30.080 --> 01:44:33.080]  The staff at Brave New Books have helped me and thousands of other
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[01:44:39.080 --> 01:44:43.080]  educational documentaries without feeling tired or uninterested.
[01:44:43.080 --> 01:44:46.080]  So if you or anybody you know suffers from stupidity,
[01:44:46.080 --> 01:44:50.080]  then you need to call 512-480-2503
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[01:45:00.080 --> 01:45:04.080]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:05.080 --> 01:46:22.080]  Thank you very much.
[01:46:35.080 --> 01:46:44.080]  And welcome back to Rule of Law Radio, folks.
[01:46:44.080 --> 01:46:50.080]  512-646-1984 is the number you can dial to join us in conversation.
[01:46:50.080 --> 01:46:54.080]  On the way out, we were talking to Doug in Indiana.
[01:46:54.080 --> 01:46:57.080]  Doug, you want to pick up where you left off there?
[01:46:57.080 --> 01:47:03.080]  Okay. Well, in 1999, my mother died.
[01:47:03.080 --> 01:47:08.080]  I hate to hear that.
[01:47:08.080 --> 01:47:15.080]  It's going to happen to all of us eventually.
[01:47:15.080 --> 01:47:17.080]  Except for Randy. I think Randy's going to stick around forever.
[01:47:17.080 --> 01:47:22.080]  You know his type. They never leave.
[01:47:22.080 --> 01:47:27.080]  My mother's 91 and going strong.
[01:47:27.080 --> 01:47:28.080]  Wow.
[01:47:28.080 --> 01:47:31.080]  Her father was 100.
[01:47:31.080 --> 01:47:36.080]  My father's mother was 96.
[01:47:36.080 --> 01:47:42.080]  Teltons don't die. Somebody has to kill them.
[01:47:42.080 --> 01:47:46.080]  Okay. Go ahead. Your mother died in 99?
[01:47:46.080 --> 01:47:49.080]  Yeah. My dad bought a new house because he just didn't want to live there anymore,
[01:47:49.080 --> 01:47:56.080]  and he gives me the house we were living in through a quick claim deed.
[01:47:56.080 --> 01:47:59.080]  And I left his name on it also, so it was in both of our names
[01:47:59.080 --> 01:48:03.080]  because I was in the military, and in case something happened to me,
[01:48:03.080 --> 01:48:08.080]  he'd be able to deal with it, and he knew what was supposed to happen.
[01:48:08.080 --> 01:48:13.080]  In 2005, I got activated to go to Iraq,
[01:48:13.080 --> 01:48:22.080]  and my dad's mortgage company that he was dealing with forced him into bankruptcy.
[01:48:22.080 --> 01:48:29.080]  And they latched onto my property also.
[01:48:29.080 --> 01:48:33.080]  Okay. You have a good claim.
[01:48:33.080 --> 01:48:36.080]  When they went after us.
[01:48:36.080 --> 01:48:37.080]  Okay.
[01:48:37.080 --> 01:48:42.080]  I didn't know nothing about it back then, but since I retired and been injured
[01:48:42.080 --> 01:48:47.080]  and I'm a VA disability, I started using Uncle Sam's money to go to school,
[01:48:47.080 --> 01:48:50.080]  and I'm going to law school.
[01:48:50.080 --> 01:48:52.080]  Good. Good choice.
[01:48:52.080 --> 01:48:57.080]  We just started on real estate,
[01:48:57.080 --> 01:49:01.080]  and I just started learning about all the pass-through mortgage certificates
[01:49:01.080 --> 01:49:05.080]  and the default swaps and all that good junk.
[01:49:05.080 --> 01:49:08.080]  You know what? I'm going to go check.
[01:49:08.080 --> 01:49:13.080]  So a couple days ago, I go to the court clerk and I pulled the whole case file,
[01:49:13.080 --> 01:49:17.080]  and I went and looked through the county land records.
[01:49:17.080 --> 01:49:29.080]  And wouldn't you know, the house that I had was through a Truman Mortgage Loan Trust 2002
[01:49:29.080 --> 01:49:32.080]  that passed those certificates.
[01:49:32.080 --> 01:49:39.080]  Okay. Let me back up a little bit.
[01:49:39.080 --> 01:49:42.080]  Okay. You're in Indiana.
[01:49:42.080 --> 01:49:46.080]  Is Indiana a mortgage state or a deed of trust state?
[01:49:46.080 --> 01:49:50.080]  I don't know about that for sure.
[01:49:50.080 --> 01:49:54.080]  Okay. Can they foreclose without going to court?
[01:49:54.080 --> 01:49:56.080]  No, they're a judicial state.
[01:49:56.080 --> 01:49:58.080]  Okay. So you're a judicial state. That's a mortgage state.
[01:49:58.080 --> 01:50:01.080]  I'm sorry. I should have said judicial.
[01:50:01.080 --> 01:50:02.080]  Okay.
[01:50:02.080 --> 01:50:10.080]  Okay. Then essentially, this foreclosure never happened.
[01:50:10.080 --> 01:50:18.080]  But what I suggest how you address it is don't attack the foreclosure yet.
[01:50:18.080 --> 01:50:26.080]  Go back to the documentation in the county record and attack the documentation.
[01:50:26.080 --> 01:50:35.080]  If the property was put into a trust, there are a number of steps that had to be gone through,
[01:50:35.080 --> 01:50:44.080]  a number of changes in beneficial interest in the note and deed of trust that would have taken place
[01:50:44.080 --> 01:50:55.080]  that was required to be noticed to whoever at the time was considered to be the borrower
[01:50:55.080 --> 01:50:58.080]  or the holder of interest in the property.
[01:50:58.080 --> 01:51:00.080]  Yeah.
[01:51:00.080 --> 01:51:11.080]  The only way they can execute a foreclosure is by exercising a privilege granted in the mortgage.
[01:51:11.080 --> 01:51:19.080]  And here I'm going to call the mortgage document a security instrument before Joe back there jumps on me
[01:51:19.080 --> 01:51:28.080]  and reminds me that the mortgage consists of a warranty deed, a note, and a security instrument.
[01:51:28.080 --> 01:51:33.080]  The security instrument, while it has the name mortgage on it in this case,
[01:51:33.080 --> 01:51:38.080]  is a security instrument intended to secure the note.
[01:51:38.080 --> 01:51:49.080]  That instrument grants privileges to the lender with conditions and stipulations,
[01:51:49.080 --> 01:51:58.080]  one of which is that all notices are to be provided to you by certified mail.
[01:51:58.080 --> 01:52:02.080]  That's generally covenant 14 or 15.
[01:52:02.080 --> 01:52:05.080]  Here's where it gets funny.
[01:52:05.080 --> 01:52:12.080]  The note that they used as evidence in the court is only about a third of it.
[01:52:12.080 --> 01:52:14.080]  They stopped at paragraph 11.
[01:52:14.080 --> 01:52:17.080]  They didn't submit the rest of it.
[01:52:17.080 --> 01:52:19.080]  Okay, wait now.
[01:52:19.080 --> 01:52:21.080]  Don't even go there yet.
[01:52:21.080 --> 01:52:23.080]  Okay.
[01:52:23.080 --> 01:52:27.080]  You're taking a course in law.
[01:52:27.080 --> 01:52:31.080]  So let's talk about some basic stuff.
[01:52:31.080 --> 01:52:35.080]  Never stipulate to anything.
[01:52:35.080 --> 01:52:36.080]  Yeah.
[01:52:36.080 --> 01:52:39.080]  That is harder than it sounds.
[01:52:39.080 --> 01:52:47.080]  If you address the foreclosure issue and how they prosecuted the foreclosure,
[01:52:47.080 --> 01:52:54.080]  in order to get to that, you must presuppose certain things.
[01:52:54.080 --> 01:52:58.080]  And by presupposing them, you stipulate to them.
[01:52:58.080 --> 01:53:09.080]  So back up, first thing we would want to do here is file an action in the court
[01:53:09.080 --> 01:53:17.080]  for declaratory judgment to correct the public record,
[01:53:17.080 --> 01:53:26.080]  where you have documents in the record that do not meet the statutory filing requirements.
[01:53:26.080 --> 01:53:34.080]  For instance, if you have a document filed by anyone claiming authority under this
[01:53:34.080 --> 01:53:46.080]  pass-through trust, how did they get that authority by the public record?
[01:53:46.080 --> 01:53:53.080]  Because every state is going to have a statute similar to Texas Property Code 13001.
[01:53:53.080 --> 01:54:01.080]  And what that one says is any claim not properly acknowledged or proven.
[01:54:01.080 --> 01:54:03.080]  I'm sorry.
[01:54:03.080 --> 01:54:05.080]  I keep getting property in the wrong place.
[01:54:05.080 --> 01:54:17.080]  Any claim not acknowledged or proven and properly filed in the county record is void as to the holder.
[01:54:17.080 --> 01:54:19.080]  What statute is that, Randy?
[01:54:19.080 --> 01:54:24.080]  13.001 Texas Property Code.
[01:54:24.080 --> 01:54:31.080]  Every state who has a county recorder's office is going to have that statute at one type or another.
[01:54:31.080 --> 01:54:37.080]  Otherwise, there would be no reason in having the county recorder.
[01:54:37.080 --> 01:54:41.080]  If you come to me and you want me to say you want me to work on your property,
[01:54:41.080 --> 01:54:45.080]  but you want to pay me out on time, and I say, okay, I'll do that,
[01:54:45.080 --> 01:54:51.080]  but I'm going to want to take a mechanics lien or a materials lien on your property to secure payment.
[01:54:51.080 --> 01:54:57.080]  So before I do that, I'm going to go down and look in the county record.
[01:54:57.080 --> 01:55:03.080]  I have a right to trust what I see there.
[01:55:03.080 --> 01:55:11.080]  If I see a document that's void on its face, I don't have to pay any attention to it.
[01:55:11.080 --> 01:55:17.080]  So when they did the foreclosure, they paid attention to these documents.
[01:55:17.080 --> 01:55:20.080]  So you go back and look at the mortgage.
[01:55:20.080 --> 01:55:26.080]  Did the lender breach any covenant of the mortgage?
[01:55:26.080 --> 01:55:31.080]  Well, he foreclosed while you were in the service.
[01:55:31.080 --> 01:55:37.080]  Go back to generally covenant 15 or 16, depending on.
[01:55:37.080 --> 01:55:43.080]  Sometimes mortgages are different in deed of trust, but you will have a severability clause.
[01:55:43.080 --> 01:55:54.080]  The severability clause binds both parties to abide by all standing law, all applicable laws, state and federal.
[01:55:54.080 --> 01:55:57.080]  Both parties agree to abide by all law.
[01:55:57.080 --> 01:56:01.080]  That's a covenant of the contract.
[01:56:01.080 --> 01:56:09.080]  If the property was transferred into a pass-through trust and the proper notices,
[01:56:09.080 --> 01:56:18.080]  as required by the Real Estate Settlement Procedures Act, were not made, that's a violation of a law relating to the contract.
[01:56:18.080 --> 01:56:24.080]  That's a breach of a covenant, and that puts the lender in default.
[01:56:24.080 --> 01:56:32.080]  So you file a claim that the deed of trust is void by default.
[01:56:32.080 --> 01:56:38.080]  If you get that ruling, everything else is garbage.
[01:56:38.080 --> 01:56:48.080]  If there is an assignment of mortgage to a different entity, who did the assignment?
[01:56:48.080 --> 01:56:55.080]  Did that person have authority to file a document in the record?
[01:56:55.080 --> 01:57:08.080]  Were they named by someone with a warranty deed or someone that had been named as someone having authority to file a document affecting title?
[01:57:08.080 --> 01:57:13.080]  If you got a filing in there out of the blue, you don't know who this person is.
[01:57:13.080 --> 01:57:16.080]  They're not named in the record anywhere.
[01:57:16.080 --> 01:57:28.080]  If you go to the court and say, this document fails to meet the statutory filing requirements and therefore is void on its face,
[01:57:28.080 --> 01:57:33.080]  if you get the judge to agree with you that the document did not meet the requirements.
[01:57:33.080 --> 01:57:40.080]  Now, get what I'm saying here, because this is kind of hard sometimes when you have a lot of issues.
[01:57:40.080 --> 01:57:44.080]  Pick your fights real careful.
[01:57:44.080 --> 01:57:48.080]  You're like the sniper here.
[01:57:48.080 --> 01:57:51.080]  You're focusing on one little target at a time.
[01:57:51.080 --> 01:57:55.080]  That's funny because that's what I did in the Marine Corps.
[01:57:55.080 --> 01:57:57.080]  Okay.
[01:57:57.080 --> 01:58:02.080]  You want to go after the foundational documents.
[01:58:02.080 --> 01:58:12.080]  You undermine a single foundational document, and it's like pulling the bottom card out of an inverted pyramid.
[01:58:12.080 --> 01:58:17.080]  So you only address the document that you're after.
[01:58:17.080 --> 01:58:27.080]  Then you only say to the court, this is improperly filed in the record, and this action is to correct the record.
[01:58:27.080 --> 01:58:30.080]  You don't tell him that when he gives you the ruling you want,
[01:58:30.080 --> 01:58:37.080]  you got a deed of trust or a claim you're going to file in the record immediately to wipe out anything else.
[01:58:37.080 --> 01:58:39.080]  We'll get to that when we come back on the other side.
[01:58:39.080 --> 01:58:43.080]  We're ready to be counted.
[01:58:43.080 --> 01:58:47.080]  I'll call it number 512-646-1984.
[01:58:47.080 --> 01:58:50.080]  We'll be right back.
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