ROL_2014-02-21_16k_Hr1-2.timecode

[00:00.000 --> 00:07.000]  You're listening to the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[00:07.000 --> 00:12.000]  This is Justin Arman, here with your Liberty Beat for February 20th, 2014.
[00:12.000 --> 00:21.000]  Gold opened today at $1,315, silver at $21.67, and Bitcoin is trading at $598.
[00:21.000 --> 00:27.000]  Support for the Liberty Beat comes from Massapil Printing, your source for anything printed since 1972.
[00:27.000 --> 00:31.000]  Now accepting Bitcoin, online at massapilinc.com.
[00:31.000 --> 00:34.000]  And from Dorothy Erminger at Capstar Lending.
[00:34.000 --> 00:42.000]  For your residential mortgage needs, call Dorothy at 512-343-6494 or online at calledorthy.com.
[00:42.000 --> 00:46.000]  NMLS number 216624.
[00:46.000 --> 00:52.000]  And from My Magic Mud, available at Brave New Books or online at mymagicmud.com.
[00:52.000 --> 00:59.000]  And now the news. A December drone strike in Yemen launched by the United States may have killed up to a dozen citizens en route to a wedding,
[00:59.000 --> 01:02.000]  while leaving others, including the bride, injured.
[01:02.000 --> 01:08.000]  U.S. officials claim that only members of Al-Qaeda were killed, but refuse to make public the investigation into the strike.
[01:08.000 --> 01:13.000]  According to the Associated Press, New York-based Human Rights Watch Thursday released a report on the drone strike.
[01:13.000 --> 01:19.000]  It was compiled from interviews with eight witnesses, relatives of those who were killed, and officials from Yemen.
[01:19.000 --> 01:25.000]  The report states that 12 men died and 15 others wounded as a result of the December 12th attack,
[01:25.000 --> 01:29.000]  conducted by firing four Hellfire missiles at the weddinggoers.
[01:29.000 --> 01:38.000]  The attorney for the family of a 17-year-old Georgia boy killed by police says the teen was holding a video game controller
[01:38.000 --> 01:43.000]  when he opened his door as officers served a probation violation warrant to the boy's father.
[01:43.000 --> 01:52.000]  WSB-TV reports that a female officer told the Georgia Bureau of Investigation that Christopher Rupe pointed a gun at her after opening the door on Friday.
[01:52.000 --> 01:59.000]  The attorney disagrees, saying the teen was simply getting ready to watch a movie when police arrived and was holding a Nintendo Wii controller.
[01:59.000 --> 02:03.000]  The investigation is in the hands of the Georgia Bureau of Investigation.
[02:03.000 --> 02:08.000]  A Bitcoin mini-conference is coming to Austin's Brave New Books on March 9th.
[02:08.000 --> 02:13.000]  According to organizers, the event will serve as a launch party for the 512 Bitcoin Information Clearing House,
[02:13.000 --> 02:17.000]  in association with Sovereign BTC and the BitMom.
[02:17.000 --> 02:20.000]  The event is planned from 9 in the morning to 2 in the afternoon.
[02:20.000 --> 02:26.000]  The event will feature speakers Cody Wilson, John Bush, and Catherine Bleich.
[02:26.000 --> 02:30.000]  We are currently sitting on a cusp in terms of political and cultural consciousness.
[02:30.000 --> 02:35.000]  There is a wave of liberty rising right now, and we have an incredible opportunity if we can only capture this momentum.
[02:35.000 --> 02:39.000]  The youth are waking up to the dysfunctional realities of the two-party system.
[02:39.000 --> 02:45.000]  This message was a part of Kurt Hildebrand's formal announcement that he's running for state chair of the Libertarian Party of Texas.
[02:45.000 --> 02:50.000]  The Texas Libertarian Party's state convention is happening from April 11th through the 13th.
[02:50.000 --> 03:08.000]  You've been listening to the Liberty Beat. Remember, freeing your mind is freeing our world.
[03:20.000 --> 03:27.000]  Whatcha gonna do? Whatcha gonna do?
[03:27.000 --> 03:32.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.000 --> 03:38.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.000 --> 03:43.000]  When you were eight and you had bad dreams, you'd go to school and learn the golden rule.
[03:43.000 --> 03:49.000]  So why are you acting like a fluffy fool? If you get fucked then you must be cool.
[03:49.000 --> 03:54.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:54.000 --> 04:00.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:00.000 --> 04:05.000]  You took it on that one, you took it on this one. You took it on your mother and you took it on your father.
[04:05.000 --> 04:23.000]  Okay, we are back. This is Randy Kelton, Steve Skidmore here with Joe Esquivel on our Friday night, January the 24th, four-hour info marathon.
[04:23.000 --> 04:31.000]  I'll get there. There you go. Spit it out, Randy. Spit it out. I was struggling with it. Okay, got it all out.
[04:31.000 --> 04:42.000]  And we're getting into our last week for our fun drive and if anybody wants to get in on the gun drawing,
[04:42.000 --> 05:02.000]  every $25 donation or if you purchase Eddie's seminar, that'll get 10 deals in the drawing.
[05:02.000 --> 05:04.000]  What kind of gun?
[05:04.000 --> 05:12.000]  There is, Steve, you want to bring that up? There's an old gun and a new gun.
[05:12.000 --> 05:17.000]  There is an old gun and a new gun. Let me pull that up right quick.
[05:17.000 --> 05:24.000]  Yeah, there's, I like the old gun. It's 1871. It was actually manufactured in Russia.
[05:24.000 --> 05:36.000]  And I didn't know they had clips back in that far back. And then there's a pistol with a laser sight on it.
[05:36.000 --> 05:40.000]  Now we're talking.
[05:40.000 --> 05:50.000]  So while Steve's bringing that up, I'm going to go to Joe. Joe had something for us that he says will knock our hats off.
[05:50.000 --> 05:55.000]  And when he's done, I'm going to try to one-up him.
[05:55.000 --> 06:00.000]  All right. First, I'd like to tell everybody it feels good to be back.
[06:00.000 --> 06:09.000]  Took some extended time off between the holidays and then putting together these online training classes that I've been doing.
[06:09.000 --> 06:12.000]  So there's really been a lot of things happening.
[06:12.000 --> 06:20.000]  I'd like to share, last week I took a drive down to Houston because I was supposed to testify as an expert witness in a case.
[06:20.000 --> 06:31.000]  Now, what's unique about this case is that it was supposed to be a 51-903, which is a procedure.
[06:31.000 --> 06:40.000]  And it's regarding action on fraudulent, on a fraudulent lien that's on property.
[06:40.000 --> 06:42.000]  It was real and personal property.
[06:42.000 --> 06:48.000]  Right, real and personal. So this was relating to real property.
[06:48.000 --> 06:55.000]  And it was like the perfect storm.
[06:55.000 --> 07:01.000]  I'd gone through everything. I've looked at the docs. I'd done an analysis.
[07:01.000 --> 07:13.000]  And I was really excited because what I'd found I figured was going to be put into the judicial system.
[07:13.000 --> 07:30.000]  And to lead you up as to the events that were taking place, Randy, you've always talked about discovering if the data trust was properly secured at the time of filing.
[07:30.000 --> 07:37.000]  Were the parties that were filing this, was it done in a timely manner?
[07:37.000 --> 07:56.000]  And very seldom do you ever have the information presented 100% that shows that beyond a shadow of a doubt, there was fraudulent documents filed on the face of the document.
[07:56.000 --> 08:05.000]  And the underlying security instrument, in this case being in Texas, the data trust, was fraudulent from day one.
[08:05.000 --> 08:22.000]  Now, if we go back and take a look at the documents, we had a note that was signed on May 25th of 07, and we had a data trust which was signed on May 25th of 07.
[08:22.000 --> 08:41.000]  And then the parties coming forth with a foreclosure action had exhibited into court two allanches dated May 25th 07.
[08:41.000 --> 08:47.000]  All right, so now the first allan said from the original lender to payee number one.
[08:47.000 --> 08:52.000]  All right, that's a true and accurate negotiation.
[08:52.000 --> 09:03.000]  And then the second allanche had a stamping which said pay to the order of from payee number one to an as of yet unnamed payee.
[09:03.000 --> 09:07.000]  Now, that's an incomplete stamping.
[09:07.000 --> 09:15.000]  All right, now we look into public record, and we notice that there is an assignment.
[09:15.000 --> 09:41.000]  And what made this interesting, Randy, is that this assignment of data trust had in there that it was dated May 29th of 07, four days after the signing of the documents.
[09:41.000 --> 10:06.000]  However, when we were to look, all right, at the date where it said, up on above it, it says this assignment references a deed of trust instrument filed into public record June 19th, 2007.
[10:06.000 --> 10:09.000]  Here is the instrument number.
[10:09.000 --> 10:28.000]  I'm scratching my head because I'm telling myself, well, you signed this May 29th 07, but somehow you've looked into your crystal ball, and 19 days into the future, you knew what was being recorded, and you even have the instrument number.
[10:28.000 --> 10:36.000]  Now, it was not recorded for another year, but the dates and everything were on it.
[10:36.000 --> 10:52.000]  Now, when I went into public record and I looked at the documents, and it says that the deed of trust was not recorded until 19 days after the instrument was signed.
[10:52.000 --> 11:06.000]  And yet we had two allonges, one which was a true endorsement pursuant to 7501, negotiation transfer and delivery.
[11:06.000 --> 11:28.000]  Yes, our Texas business commerce code. Texas equivalent. And so, if it's dated the 25th, let's just say that it did happen. They went from closing, they ran to wherever, they created this launch on the same date.
[11:28.000 --> 11:43.000]  Okay, there's one transaction, and then that was the same. Yeah, on the same date. That was a table-funded note, and they never owned that note to start with.
[11:43.000 --> 12:01.000]  However, in public record, all right, now they also have a second document which purports to be an allonge, so that's an incomplete step, but this is two transactions that took place before the deed of trust was filed.
[12:01.000 --> 12:08.000]  Now, Randy, was this a properly secured deed of trust?
[12:08.000 --> 12:20.000]  When the deed of trust was filed, the filer in the deed of trust asserted a claim against the property, which he did not hold.
[12:20.000 --> 12:22.000]  Correct, now.
[12:22.000 --> 12:46.000]  And can be demonstrated conclusively by clear documentation that goes to 51901B2A, I'm sorry, 51901C, which defines what a fraudulent document is in the county record.
[12:46.000 --> 12:49.000]  That's Texas government code.
[12:49.000 --> 12:58.000]  Government code, right. Now, in addition, there is also a felony under 18 U.S.C. Chapter 471021.
[12:58.000 --> 13:00.000]  Oops.
[13:00.000 --> 13:02.000]  Hello. I love that word, felony.
[13:02.000 --> 13:22.000]  So now, let's see, the lender did the transactions. The lender filed into public record. I think we can say knowingly, willfully, deceived the public.
[13:22.000 --> 13:41.000]  And when this was brought forth, and I'm going through the documents and I'm getting excited and my blood's going and I've got all the arguments and everything, because this was to be presented in the 51903.
[13:41.000 --> 14:07.000]  However, when we got to court, and I stood in front of the judge, and the judge says, I'm sorry, but I did not have plenary jurisdiction pursuant to the subject matter of jurisdiction.
[14:07.000 --> 14:12.000]  I do not have the authority in me to hear this.
[14:12.000 --> 14:21.000]  Was this a justice court? No, this 51903 is filed in the district court. Why did he not have plenary jurisdiction?
[14:21.000 --> 14:42.000]  He did not have plenary jurisdiction because the time had expired. Summary judgment had been given in early September, of which you have 30 days to file an answer and rebuke.
[14:42.000 --> 14:55.000]  The attorney did not do it in a timely fashion. He did not file anything into court until November.
[14:55.000 --> 15:00.000]  Somebody needs to be grieved.
[15:00.000 --> 15:04.000]  I'm trying to remember exact things. There are things he can do.
[15:04.000 --> 15:17.000]  Yes, there are, but the thing is this, Randy. We won't fix it that day. No, but I mean, we went down there on our own dime, you know, gas time.
[15:17.000 --> 15:29.000]  I put two days into setting this up, setting up. I mean, I had every statute. I had every citation. I had packets for the judge, for the opposing counsel.
[15:29.000 --> 15:40.000]  And it's like I got deprived. It's like going hunting, Randy, for marlin. And you've chummed the waters and everything and you see the fishes coming out.
[15:40.000 --> 15:49.000]  And you turn to the skipper and he says, Randy, I'm sorry, we forgot the rods.
[15:49.000 --> 16:03.000]  And so here I am, you know, three hour drive all the way to Houston from Austin and all pumped up. And, you know, I'd gotten up at 330 in the morning that day to get down there.
[16:03.000 --> 16:10.000]  And I mean, you speak of feeling like somebody punched you in the gut the minute he says that.
[16:10.000 --> 16:22.000]  And then the attorney, you know, just is making, you know, given his reasoning why he wasn't able to do it. Well, I was in jail when, you know, I had this to do.
[16:22.000 --> 16:24.000]  Not an excuse, counselor.
[16:24.000 --> 16:44.000]  So, you know, all of this pumping up that I'm getting inside my head and getting my blood going and I'm standing in front of the judge in this courtroom and he says, I'm sorry, this is not the proper venue.
[16:44.000 --> 17:00.000]  He didn't have a plenary jurisdiction. It's over. Unless he could do something to resurrect it. Hang on, Randy Kelton, Denver Stevens, Steve Skidmore, Joe Esquivel, the whole gang will be right.
[17:00.000 --> 17:06.000]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
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[19:01.000 --> 19:11.000]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[19:31.000 --> 19:44.000]  The world is spinning like it's out of control. On the edge of a hole inside a deep dark dome.
[19:44.000 --> 19:51.000]  I'm always on the lookout for something to soothe my soul.
[19:51.000 --> 20:10.000]  So I sit back and I watch the evidence unfold. And I see justice is the goal. Yeah, justice is the goal.
[20:10.000 --> 20:23.000]  Sometimes we sail a little too far at sea. And then we got to get back on course with the seas. So we go on a heavy advisory. From the man that came all the way from Galilee.
[20:23.000 --> 20:29.000]  I put this on to save a warm place to be. Where I don't have to work so hard to be free.
[20:29.000 --> 20:42.000]  Some guys are trying to rewrite history, but they got caught. Now them guys got the plea. Looks like justice.
[20:42.000 --> 21:00.000]  Looks like justice. Yeah, yeah.
[21:12.000 --> 21:41.000]  Okay, I think we're back up, folks. Our apologies for the delay, but we seem to have had a minor technical issue.
[21:41.000 --> 21:56.000]  We are back and we're back with the fun drives. Two weapons. First place, Ruger LC9 with laser sight and holster.
[21:56.000 --> 22:09.000]  And second place, the one I like, the Mosin M1891 slash 30 with bayonet. That's a nice old rifle.
[22:09.000 --> 22:21.000]  And you can look at them. Just go to logosradionetwork.com and the banner right there on the front, you'll see the Logos gun giveaway.
[22:21.000 --> 22:33.000]  So have a look at that. Get your name in the hat. What is it? Bitcoin? Bitcoin is a cryptocurrency.
[22:33.000 --> 22:41.000]  You're confusing me. Oh, no, I'm just looking at our website and I'm trying to see if somebody looks on it.
[22:41.000 --> 22:51.000]  It says donate Bitcoin. So if I was okay. Bitcoin is, can you explain that, Steve? Bitcoin is an alternative currency.
[22:51.000 --> 23:01.000]  I find Bitcoin and other cryptocurrencies rather attractive because what they do is, though there is nothing tangible behind them,
[23:01.000 --> 23:08.000]  they are offered and accepted specifically on that basis, accepted for value.
[23:08.000 --> 23:19.000]  Essentially script. Yes. What the Bitcoin and other cryptocurrencies can do is decentralize the power of the,
[23:19.000 --> 23:34.000]  if we'll remember back, a lot of people that have been researching issues of currency will be familiar with a rather infamous,
[23:34.000 --> 23:42.000]  iconic individual in finances, one Meyer Amschel Bauer, AKA Rothschild.
[23:42.000 --> 23:49.000]  He once said, give me the control of the issue of a nation's currency and I care not who makes its laws.
[23:49.000 --> 23:53.000]  He understood the power behind the centralization of banking.
[23:53.000 --> 24:05.000]  What cryptocurrencies would do is decentralize and put the power of the issue of the value of currency back in the hands of the people where it belongs.
[24:05.000 --> 24:16.000]  So there is no gold, silver, nothing tangible behind it. It is strictly an accepted for value medium of exchange and it's becoming very, very popular.
[24:16.000 --> 24:26.000]  Yes. And we get that established and the feds can take their green frog skins as John Fire called them.
[24:26.000 --> 24:29.000]  Yes, sir. And use them for toilet paper.
[24:29.000 --> 24:35.000]  Yes, sir. Which in today's day and age is about all they're good for if you rough them up and have enough of them.
[24:35.000 --> 24:52.000]  Yes. And when the green frog skin value collapses, the Bitcoins and the cards with a piece with a gram of gold on them, their value won't change.
[24:52.000 --> 24:57.000]  Okay. So how do I buy a Bitcoin?
[24:57.000 --> 25:01.000]  We can get into that later. All right. That's another rabbit hole for.
[25:01.000 --> 25:09.000]  All right. Okay. There was a very interesting subject, though. Yeah, I'm kind of following the Bitcoin issue. Very attractive thing.
[25:09.000 --> 25:21.000]  And we have a new account, a new, what do you call it, Steve? Donate button?
[25:21.000 --> 25:31.000]  No, a new company that's advertising that sells the cards with a piece of gold on it.
[25:31.000 --> 25:38.000]  Yes. This is barter. You're literally changing physical value for physical value.
[25:38.000 --> 25:43.000]  So that card doesn't care what happens to the green dollar.
[25:43.000 --> 25:52.000]  The only reason these companies, these countries get in big trouble with hyperinflation is because they're bound to that.
[25:52.000 --> 26:05.000]  Domination currency. When people are trading value for value, if I was trading potatoes for chickens, I wouldn't care what happened to the value of a dollar.
[26:05.000 --> 26:10.000]  I wouldn't care how many chickens you could buy for a dollar or how many potatoes.
[26:10.000 --> 26:15.000]  I'd care how many chickens I could trade for how many potatoes. That's not going to change.
[26:15.000 --> 26:28.000]  Well, Randy, I've heard stories of people up in the mountains, Appalachia and whatnot, during the market crash of 29 and the Great Depression.
[26:28.000 --> 26:34.000]  They didn't know anything about it. Yeah, that's what they were doing. They were trading a goat for 20 chickens.
[26:34.000 --> 26:40.000]  That was their currency. My mother's 92, and she remembers that vividly.
[26:40.000 --> 26:47.000]  But she says, we didn't notice. They were sharecroppers. Yeah.
[26:47.000 --> 26:57.000]  And when she was nine years old, she followed a plow with a team of mules. And she said, depression? We didn't notice any depression.
[26:57.000 --> 27:04.000]  No, the dirt. The potatoes are still potatoes. We didn't have any money when it started. We didn't have any money when it ended.
[27:04.000 --> 27:08.000]  We didn't notice anything. And that's what's likely to happen in this one.
[27:08.000 --> 27:20.000]  But if we can get a stable medium of exchange that the government cannot control, these guys with the spot of gold.
[27:20.000 --> 27:28.000]  Now, what the government may do is outlaw trading in gold. Okay, they'll go to silver. Who cares? Right.
[27:28.000 --> 27:37.000]  They're not going to be able to control barter. I think if the government tries to control barter, it's over.
[27:37.000 --> 27:44.000]  If they want civil war, that's how they did it. They'll get it. And this is technology is making this possible.
[27:44.000 --> 27:54.000]  We can take control of the currency out of the hands of these corrupt politicians who are trying to see how much of our currency they can stick in their pockets.
[27:54.000 --> 28:03.000]  We take it out of their hands and put it back into the hands of ordinary people trading goods and services. Where it should be.
[28:03.000 --> 28:09.000]  There is no way to inflate barter. No.
[28:09.000 --> 28:14.000]  At least there hasn't been for the last 6,000 years we know of. Right.
[28:14.000 --> 28:35.000]  So I talked to a year and a half ago about I wanted the building billion exchange on the network here to set me up an account to where I could have somebody who's going to pay me, don't pay me.
[28:35.000 --> 28:46.000]  Just go buy some silver and put it on an account. I don't care if you have silver or not. Just put on a ledger that I have in reserve X amount of silver.
[28:46.000 --> 28:55.000]  You have a credit? I have a credit. I go to the bank and they put a mark on the ledger. You have a credit of X number of green dollars.
[28:55.000 --> 29:08.000]  For the most part I never see those green dollars. I use this plastic and I just trade ledger scribblings back and forth. I want those ledger scribblings in gold or silver.
[29:08.000 --> 29:16.000]  There you go. And technology is at a point where I can do that.
[29:16.000 --> 29:25.000]  If I have to have some of those green dollars, I can convert some of my reserves into green dollars. For the most part it's in green dollars.
[29:25.000 --> 29:34.000]  I mean it's in gold or silver and when the green dollar is inflating like crazy, my gold and silver doesn't. So it holds my value.
[29:34.000 --> 29:50.000]  Technology is allowing us to do that. It allows us to take control. This is Randy Kelton, Joe Skidmore, Steve Skidmore. I started saying Joe Skidmore, but I figured Joe would skid my head.
[29:50.000 --> 30:04.000]  When we come back, I found something big time. We'll be right back.
[30:04.000 --> 30:11.000]  Grandma might know best after all. The next time you're down with a cold, you might want to settle in with a nice warm bowl of her chicken soup.
[30:11.000 --> 30:15.000]  I'm Dr. Catherine Albrecht and I'll be back with the tasty good news in just a moment.
[30:15.000 --> 30:26.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:33.000]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[30:33.000 --> 30:45.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing. Start over with StartPage.
[30:45.000 --> 30:52.000]  It's not just an old wives' tale. It turns out that chicken soup really is good for what ails you. In fact, it's been called a super drug.
[30:52.000 --> 31:01.000]  Scientific evidence has a lot to say about Grandma's old standby recipe. Chicken soup contains amino acids that act like prescription medicines used to treat bronchitis.
[31:01.000 --> 31:08.000]  It helps reduce the inflammation that causes coughing and congestion and helps white blood cells do their job more effectively.
[31:08.000 --> 31:15.000]  The steam even helps clear clogged nasal passages. Grandma's the world over have long recognized the healing properties of chicken soup.
[31:15.000 --> 31:22.000]  While regional variations include everything from Thai chilies to Indian curry, they all have one thing in common. They work.
[31:22.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[33:15.000 --> 33:38.000]  Okay, we are back.
[33:38.000 --> 33:43.000]  Randy Kelton, Joe Esquivel, Steve Skidmore, Rule of Law Radio.
[33:43.000 --> 33:48.000]  And I want to talk about the feds for a few minutes.
[33:48.000 --> 33:54.000]  We had a trespass to try title action removed to the federal court.
[33:54.000 --> 34:00.000]  And I was writing up a petition to remand.
[34:00.000 --> 34:07.000]  And I went online and just did a Google search on remand.
[34:07.000 --> 34:10.000]  And I got a hit on this document.
[34:10.000 --> 34:20.000]  It was called the Federal Court Venue and Removal Clarification Act.
[34:20.000 --> 34:32.000]  It went into effect in 2012 and was for the purpose of clarifying conflicts between circuits.
[34:32.000 --> 34:35.000]  And this is what it said.
[34:35.000 --> 34:48.000]  It said that a cause in a state court that contained federal issues could be removed to the federal court.
[34:48.000 --> 34:59.000]  Now, for the last 200 years, when a cause was filed in the state court that contained both state and federal issues,
[34:59.000 --> 35:11.000]  if the defendant did not remove the case to the federal court, the state court could hear both the fed and the state issues.
[35:11.000 --> 35:18.000]  And if a case was removed to the federal court, the fed could hear the fed and the state issues.
[35:18.000 --> 35:22.000]  No more.
[35:22.000 --> 35:32.000]  While the civil action filed in the state court can be removed, the federal court, once he gets it,
[35:32.000 --> 35:41.000]  he must sever the state claims from the suit and remand them back.
[35:41.000 --> 35:43.000]  What statute is that?
[35:43.000 --> 36:01.000]  It's under 28 U.S.C. 1446, but you'll find it easier under the Federal Court Venue and Removal Clarification Act.
[36:01.000 --> 36:04.000]  You do the search, you'll get a hit on it first one.
[36:04.000 --> 36:07.000]  You'll get the whole act.
[36:07.000 --> 36:10.000]  And that was a holy mackerel.
[36:10.000 --> 36:14.000]  Okay, let me explain what that does.
[36:14.000 --> 36:22.000]  Not only does that give you better grounds for removal, but what if they, I mean, remand,
[36:22.000 --> 36:28.000]  what if they remove and you don't get your remand in within 30 days?
[36:28.000 --> 36:40.000]  No problem, because the state actions go to subject matter jurisdiction.
[36:40.000 --> 36:48.000]  The statute specifically denies the federal court subject matter jurisdiction.
[36:48.000 --> 36:54.000]  These turkeys can no longer preempt state law and then dismiss.
[36:54.000 --> 37:04.000]  I'll be going back to our illustrious Judge McBride here in Fort Worth, who is such a stinker.
[37:04.000 --> 37:12.000]  In every case that, every case he gets that's filed by a pro se, he dismisses out of hand.
[37:12.000 --> 37:18.000]  So we're going to go back through them and see how many of them had state claims in them.
[37:18.000 --> 37:25.000]  He dismissed where he dismissed the state claims when he lacked subject matter jurisdiction.
[37:25.000 --> 37:31.000]  Steve, what does that give me an opportunity to do to the judge?
[37:31.000 --> 37:34.000]  File a judicial misconduct complaint.
[37:34.000 --> 37:37.000]  Oh no, better than that.
[37:37.000 --> 37:39.000]  Removal?
[37:39.000 --> 37:45.000]  The only time you can sue a judicial officer is when he acts when?
[37:45.000 --> 37:49.000]  Outside the color of law.
[37:49.000 --> 37:56.000]  Subject matter jurisdiction. Yahoo!
[37:56.000 --> 38:01.000]  I told a lawyer I was talking to from one of the big banks,
[38:01.000 --> 38:06.000]  talking to him about making a deal on one of these cases.
[38:06.000 --> 38:12.000]  And he knew a little bit about me and he said, Mr. Kelcom, you're a little bit controversial.
[38:12.000 --> 38:16.000]  I said, well, maybe a little bit, but just a touch.
[38:16.000 --> 38:21.000]  But, you know, I got into that, you know, I really only go after public officials.
[38:21.000 --> 38:28.000]  And specifically, you know, I told him about this particular statute.
[38:28.000 --> 38:31.000]  And I said, for me, it's just wonderful.
[38:31.000 --> 38:36.000]  Now I get to go after McBride and say, you guys are dangling by your bar cards.
[38:36.000 --> 38:40.000]  I'm not. So I don't care if I make him mad at me.
[38:40.000 --> 38:51.000]  But now I get a shot at McBride and he said, if you're going after McBride, you need to get in line.
[38:51.000 --> 38:57.000]  The lawyers hate this guy. He is such a stinker.
[38:57.000 --> 39:04.000]  So if I can get McBride pulled off the bench for dismissing these actions,
[39:04.000 --> 39:07.000]  he dismisses them with prejudice, with regularity.
[39:07.000 --> 39:11.000]  Is that in federal court or district court? Federal court.
[39:11.000 --> 39:16.000]  All right. So what you're saying then, so explain to everybody in layman's terms,
[39:16.000 --> 39:20.000]  is that if the courts did not have subject matter jurisdiction
[39:20.000 --> 39:26.000]  and it was removed because it was a state cause of action.
[39:26.000 --> 39:33.000]  The state causes get sent back to the state court.
[39:33.000 --> 39:38.000]  Is that correct? Right. He cannot hear them.
[39:38.000 --> 39:40.000]  The federal judge can't.
[39:40.000 --> 39:45.000]  Now would this necessarily reopen the removed case in the state
[39:45.000 --> 39:49.000]  and then the two jurisdictions run concurrent?
[39:49.000 --> 39:51.000]  Absolutely. Good.
[39:51.000 --> 39:58.000]  Could you not then, if I was the party,
[39:58.000 --> 40:03.000]  if I was the plaintiff that had the complaint that got removed to federal, all right,
[40:03.000 --> 40:06.000]  if there is no subject matter of jurisdiction,
[40:06.000 --> 40:11.000]  then would not that case be right for dismissal pursuant to a 12H3 ruling
[40:11.000 --> 40:18.000]  that I could file in my motion to dismiss for lack of subject matter of jurisdiction?
[40:18.000 --> 40:23.000]  That would go to habeas corpus.
[40:23.000 --> 40:30.000]  Because he's denying you your rights to petition the court for redress agreements by dismissing the state court.
[40:30.000 --> 40:33.000]  He has no power to.
[40:33.000 --> 40:38.000]  That's a denial of your rights and that would go to habeas.
[40:38.000 --> 40:40.000]  Title 18.
[40:40.000 --> 40:42.000]  Title 42.
[40:42.000 --> 40:43.000]  Oh, it's even better.
[40:43.000 --> 40:44.000]  That is criminal.
[40:44.000 --> 40:47.000]  That goes to the grand jury.
[40:47.000 --> 40:57.000]  And if I can get 40 or 50 citizens coming to grand juries and showing how this stinker judge costs them their home
[40:57.000 --> 41:00.000]  when he had no subject matter of jurisdiction.
[41:00.000 --> 41:04.000]  You sue him personally for three times the value of the property.
[41:04.000 --> 41:05.000]  Exactly.
[41:05.000 --> 41:06.000]  Ouch.
[41:06.000 --> 41:20.000]  You look for who, you know, we just had a clerk in Fort Worth refuse to accept a notice of default on a deed of trust.
[41:20.000 --> 41:23.000]  And I'm going to go back down and try to refile it and she's going to refuse.
[41:23.000 --> 41:26.000]  And I'm saying, that'll work for me.
[41:26.000 --> 41:31.000]  I don't care who I sue.
[41:31.000 --> 41:42.000]  If we lose this property because I couldn't make my claim in the court, I'll recover from you or I'll recover from the bank.
[41:42.000 --> 41:45.000]  I don't care which one I recover from.
[41:45.000 --> 41:51.000]  So if you want to step in front of the banks, you just knock yourself out.
[41:51.000 --> 41:54.000]  But this one, this one was a big one.
[41:54.000 --> 41:57.000]  This changes 200 years of law.
[41:57.000 --> 42:00.000]  How current is this act?
[42:00.000 --> 42:05.000]  2012.
[42:05.000 --> 42:10.000]  I told it to the lawyer and he hadn't heard of it.
[42:10.000 --> 42:13.000]  And I talked to him because I'm trying to make a deal.
[42:13.000 --> 42:23.000]  And I said, man, I don't want to file this because you're going to be PO'd at me if I get that judge to land on you like a ton of bricks.
[42:23.000 --> 42:24.000]  And it took him a while.
[42:24.000 --> 42:25.000]  He finally got it.
[42:25.000 --> 42:38.000]  So you're calling me because you don't want to file that claim in the court because the court will look at it and say that because I'm a lawyer, I should have known this.
[42:38.000 --> 42:43.000]  That's exactly why I don't want to file it.
[42:43.000 --> 42:49.000]  Because if I get the judge to land on you, you're not going to be happy with me.
[42:49.000 --> 42:53.000]  I want you to make me a deal.
[42:53.000 --> 42:55.000]  That's leverage.
[42:55.000 --> 43:02.000]  Oh, it worked out perfect because the case I was looking at wasn't his.
[43:02.000 --> 43:07.000]  Oh, oops.
[43:07.000 --> 43:09.000]  But then it turned out I've got another one that is his.
[43:09.000 --> 43:12.000]  That's the same thing.
[43:12.000 --> 43:14.000]  So it gave me heads up.
[43:14.000 --> 43:18.000]  But these are, there's going to be a lot of these.
[43:18.000 --> 43:20.000]  It's 2012.
[43:20.000 --> 43:21.000]  They've got two years.
[43:21.000 --> 43:22.000]  They've been doing this.
[43:22.000 --> 43:24.000]  You're going to make a lot of new friends.
[43:24.000 --> 43:26.000]  You know that.
[43:26.000 --> 43:41.000]  If I can get the bride off the bench and get him replaced with an honest judge that don't have all of those psychological issues that McBride has, I have a friend.
[43:41.000 --> 43:43.000]  And he's made enough enemies.
[43:43.000 --> 43:47.000]  He probably won't be too hard if we set him up right.
[43:47.000 --> 43:48.000]  OK, hang on.
[43:48.000 --> 43:56.000]  Randy Kelton, Steve Skidmore, Joe Esquivel, Rue La Radio, our call in number 512-646-1984.
[43:56.000 --> 44:02.000]  We'll start taking calls.
[44:02.000 --> 44:06.000]  Hello, my name is Stuart Smith from NaturesPureOrganics.com.
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[46:22.000 --> 46:39.000]  Okay, we are back.
[46:39.000 --> 46:43.000]  Randy Kelton, Steve Skidmore, Joe Esquivel, Rule of Law Radio.
[46:43.000 --> 46:50.000]  And Steve had a question from Pat Baker down in South Texas hanging from the water tower.
[46:50.000 --> 46:52.000]  Yes.
[46:52.000 --> 47:09.000]  Pat's got a situation down there where there appears to be a conflict of interest on the grand jury in where a county attorney is going to take the seat as a grand juror.
[47:09.000 --> 47:13.000]  The question, does this create a conflict of interest?
[47:13.000 --> 47:19.000]  I've called the AG's office. They say no. I've called other legal pundits. They say yes.
[47:19.000 --> 47:24.000]  What say you?
[47:24.000 --> 47:44.000]  Well, you know, I thought about that since you asked before the show, and I can't find anything that says yes as a matter of law, that he is disqualified.
[47:44.000 --> 47:49.000]  If it doesn't say that he is disqualified, then he's not disqualified.
[47:49.000 --> 48:15.000]  Now, what may raise an issue is when a member of his law firm presents an issue before him where he makes a judicial determination and he has an association with the law firm.
[48:15.000 --> 48:28.000]  That would seem to disqualify him from hearing anything presented by the county attorney's office, but that he's a county attorney and not a district attorney.
[48:28.000 --> 48:36.000]  So I can't get to a disqualification. I don't see where I would get to one.
[48:36.000 --> 48:46.000]  So then in other words, he could set as a grand juror, but as a result of a grand jury indictment, he could not hear that case?
[48:46.000 --> 48:47.000]  No, he could hear the case.
[48:47.000 --> 48:48.000]  He couldn't prosecute it.
[48:48.000 --> 48:50.000]  Oh, no, he wouldn't hear it either way.
[48:50.000 --> 48:53.000]  Yeah, it would be a district court case anyway.
[48:53.000 --> 48:54.000]  Okay.
[48:54.000 --> 49:03.000]  And he's not a member of the district attorney's law firm. So I don't see where there would be a disqualification.
[49:03.000 --> 49:04.000]  Okay.
[49:04.000 --> 49:13.000]  The fact that he knows the district attorney and they're in similar businesses, that wouldn't, you know, policemen aren't disqualified.
[49:13.000 --> 49:17.000]  As far as I know, judges aren't disqualified.
[49:17.000 --> 49:26.000]  Shaka's watching a TV program in Bones. She was an investigator for the FBI. She wasn't disqualified.
[49:26.000 --> 49:28.000]  We can all trust Hollywood.
[49:28.000 --> 49:32.000]  Absolutely. If it's on TV, it has to be true.
[49:32.000 --> 49:34.000]  God be true.
[49:34.000 --> 49:47.000]  But no, you know, on first blush, it sounds as though it would necessarily create a conflict.
[49:47.000 --> 49:55.000]  But, you know, we have to go back to what you are not forbidden to do, you may do.
[49:55.000 --> 49:58.000]  And we may not like it.
[49:58.000 --> 50:03.000]  Well, so far we don't live under Napoleonic law.
[50:03.000 --> 50:11.000]  How is Napoleon, I'm going to have some dealings with Napoleonic law. That's in Louisiana.
[50:11.000 --> 50:18.000]  Well, in the NAFTA documents, part of the NAFTA documents are Napoleonic.
[50:18.000 --> 50:28.000]  Under Napoleonic law, if something isn't, it's exactly opposite. If something is not granted, it is forbidden.
[50:28.000 --> 50:32.000]  That goes backwards of Constitution.
[50:32.000 --> 50:35.000]  Yes, it does.
[50:35.000 --> 50:38.000]  I try to avoid Louisiana.
[50:38.000 --> 50:39.000]  Like the plague.
[50:39.000 --> 50:42.000]  Well, the problem is they got coon asses down there.
[50:42.000 --> 50:44.000]  Well, we got rednecks.
[50:44.000 --> 50:48.000]  They got coon asses and red bones.
[50:48.000 --> 50:51.000]  I wouldn't know the difference.
[50:51.000 --> 50:53.000]  They got us trumped.
[50:53.000 --> 50:56.000]  The only thing I like about Louisiana is the cuisine.
[50:56.000 --> 51:01.000]  Oh, I spent some time down there and just like going to a different country.
[51:01.000 --> 51:04.000]  It was a really interesting place.
[51:04.000 --> 51:06.000]  Anyway, okay.
[51:06.000 --> 51:08.000]  I didn't mean to detract.
[51:08.000 --> 51:15.000]  That's the best answer I could give Pat on that issue.
[51:15.000 --> 51:19.000]  I don't see where there is a conflict.
[51:19.000 --> 51:26.000]  I could see where there would be a prejudice, but not a conflict there.
[51:26.000 --> 51:32.000]  Just because there may be a prejudice on the part of a member does not necessarily mean there's a conflict.
[51:32.000 --> 51:44.000]  And going to the character of the individual, he may be an advantage.
[51:44.000 --> 51:50.000]  Because he may be able to look at this and say, you don't want to indict this guy.
[51:50.000 --> 51:54.000]  They didn't bring us enough.
[51:54.000 --> 51:59.000]  And apparently in looking through the minutes of the grand jurors,
[51:59.000 --> 52:04.000]  when I last looked through them in Austin, every single day,
[52:04.000 --> 52:11.000]  every day they would go before the court and advise the courts of their deliberations,
[52:11.000 --> 52:18.000]  every single report had at least one no bill in it.
[52:18.000 --> 52:23.000]  So the grand jury was not a rubber stamp.
[52:23.000 --> 52:29.000]  Every day, I was surprised, I expected to see one on occasion, but every single day there was at least one.
[52:29.000 --> 52:38.000]  So I took that as a really good sign that even if they do for the most part rubber stamp,
[52:38.000 --> 52:42.000]  this is not a done deal when you're going before a grand jury.
[52:42.000 --> 52:50.000]  So I don't know if that, you know, when I think about it longer, I don't know if that would necessarily be a problem.
[52:50.000 --> 52:53.000]  Okay.
[52:53.000 --> 52:55.000]  That seems to have addressed it.
[52:55.000 --> 53:02.000]  And just a caveat to that, Pat's listening and he says you better be good.
[53:02.000 --> 53:07.000]  I know that's not one of your strong suits.
[53:07.000 --> 53:12.000]  Well, I was in court today and called to the stand over my objections
[53:12.000 --> 53:18.000]  and grilled by a really unhappy judge and lawyer.
[53:18.000 --> 53:22.000]  I did not get beaten into unconsciousness and thrown in jail.
[53:22.000 --> 53:24.000]  Still got all your teeth?
[53:24.000 --> 53:25.000]  Still got all my teeth.
[53:25.000 --> 53:26.000]  Good.
[53:26.000 --> 53:31.000]  Well, I could take most of those out at this point.
[53:31.000 --> 53:32.000]  That's right.
[53:32.000 --> 53:34.000]  You went to Mexico not long ago.
[53:34.000 --> 53:37.000]  Oh, yeah, I did.
[53:37.000 --> 53:44.000]  I was talking to a lawyer about setting up a judge and told him about me doing this to this judge.
[53:44.000 --> 53:49.000]  When I told him that I had a problem with my, I had a hearing deficiency.
[53:49.000 --> 53:52.000]  Well, Mr. Cowell, what's wrong with your hearing?
[53:52.000 --> 53:56.000]  I went to Mexico last week and drank too much of that tequila.
[53:56.000 --> 53:59.000]  I lost my hearing aid.
[53:59.000 --> 54:00.000]  She was a lawyer.
[54:00.000 --> 54:02.000]  She said, did you really say that to the judge?
[54:02.000 --> 54:06.000]  I said, yeah, I did.
[54:06.000 --> 54:07.000]  That was fun.
[54:07.000 --> 54:14.000]  Okay, we are going to go to Jerry in Tejas.
[54:14.000 --> 54:15.000]  Hello, Jerry in Texas.
[54:15.000 --> 54:17.000]  What do you have for us today?
[54:17.000 --> 54:19.000]  Well, I talked to you a couple of weeks ago.
[54:19.000 --> 54:24.000]  I'm the one that's having the felony charges up in Utah.
[54:24.000 --> 54:27.000]  And in the middle of the thing when I was telling you about it,
[54:27.000 --> 54:34.000]  I told you that I never received notice from the court of the court order that was given to my company.
[54:34.000 --> 54:38.000]  You all mentioned something that if you never received notice,
[54:38.000 --> 54:44.000]  then they can't charge you with anything or held accountable to that order.
[54:44.000 --> 54:49.000]  Notice must be received in order for notice to be effective.
[54:49.000 --> 54:51.000]  Okay, so where is that?
[54:51.000 --> 54:54.000]  Because next week I'm heading up there to court,
[54:54.000 --> 55:00.000]  and that's the biggest thing is I'm like, look, you all are charging me over something I never received.
[55:00.000 --> 55:05.000]  If I would have received it, we would never be here.
[55:05.000 --> 55:06.000]  Exactly.
[55:06.000 --> 55:10.000]  Just do a, okay, you're in Utah?
[55:10.000 --> 55:11.000]  Okay.
[55:11.000 --> 55:13.000]  Let me tell you.
[55:13.000 --> 55:14.000]  I'm here in Texas.
[55:14.000 --> 55:15.000]  Let me be there.
[55:15.000 --> 55:17.000]  No, no, the case is out of Utah.
[55:17.000 --> 55:20.000]  Yeah, that's correct.
[55:20.000 --> 55:24.000]  You know, I do a lot of legal research.
[55:24.000 --> 55:28.000]  And sometimes I use Lexis, sometimes I use Westlaw.
[55:28.000 --> 55:34.000]  But 99% of the time, I use the internet.
[55:34.000 --> 55:41.000]  Utah criminal notice.
[55:41.000 --> 55:46.000]  I had someone from Florida call me for three or four weeks,
[55:46.000 --> 55:54.000]  wanting to know if she could tape record someone in Florida without their knowledge.
[55:54.000 --> 55:59.000]  And I told her in Texas, if someone is speaking to you,
[55:59.000 --> 56:04.000]  they have no expectation of privacy from you, so you can tape them.
[56:04.000 --> 56:10.000]  If someone's in a restaurant, the next table's speaking loudly enough that you can hear them,
[56:10.000 --> 56:14.000]  you can record them, because they have no expectation of privacy.
[56:14.000 --> 56:19.000]  Now, if they're talking in hushed tones to one another, they do have.
[56:19.000 --> 56:24.000]  So she kept calling, and finally, while she's asking the question, I did an internet search.
[56:24.000 --> 56:30.000]  And in 30 seconds, I had the statute right there in front of me.
[56:30.000 --> 56:37.000]  Here, I just did a search for Utah criminal notice,
[56:37.000 --> 56:43.000]  Utah State Legislature, Utah Code of Criminal Procedure, Chapter 1712,
[56:43.000 --> 56:49.000]  Notice Requirements 77-17-13.
[56:49.000 --> 56:53.000]  Now, if this is, because the original lawsuit was in federal,
[56:53.000 --> 56:55.000]  so does that still fall under state code?
[56:55.000 --> 56:58.000]  Oh, oh, oh, no, that goes to the federal.
[56:58.000 --> 57:04.000]  All of the codes are pretty well followed.
[57:04.000 --> 57:09.000]  Most of the states adopted the Uniform Criminal Code,
[57:09.000 --> 57:15.000]  and Uniform Criminal Code came from the federal.
[57:15.000 --> 57:24.000]  Federal criminal notice requirements.
[57:24.000 --> 57:30.000]  Let's see what we find.
[57:30.000 --> 57:35.000]  See character, evidence, crimes, they take out requirements.
[57:35.000 --> 57:44.000]  Sometimes a search is better if it's less.
[57:44.000 --> 57:50.000]  This is a little more notice of an insanity defense, notice of public authority,
[57:50.000 --> 57:55.000]  criminal defense online.
[57:55.000 --> 58:02.000]  Do a search on the federal Rules of Criminal Procedure, Title 18,
[58:02.000 --> 58:05.000]  and just do a search for notice requirements.
[58:05.000 --> 58:07.000]  You'll find them right up there in the front.
[58:07.000 --> 58:08.000]  This is Hang On.
[58:08.000 --> 58:12.000]  This is Randy Kelton, Joe Esquivel, Steve Skidmore.
[58:12.000 --> 58:19.000]  Our radio, our calling number, 512-646-1984.
[58:19.000 --> 58:24.000]  We'll be taking your calls all night, Jay, Jeff, Doug, Chris, Mark, I see you there.
[58:24.000 --> 58:29.000]  And we have a lot of callers, so I'm going to go ahead and call you.
[58:29.000 --> 58:32.000]  I see you there, and we have a lot of callers,
[58:32.000 --> 58:37.000]  so I'm going to try to shorten up the calls a bit to make sure we get through everybody
[58:37.000 --> 58:42.000]  so I don't have someone on all night and then we don't get to them.
[58:42.000 --> 58:47.000]  So if you have a question or comment, the earlier you call in, the better,
[58:47.000 --> 58:49.000]  because it builds up late.
[58:49.000 --> 58:51.000]  We'll be right back.
[58:51.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 58:59.000]  Bibles for America is offering a free study Bible and a set of free Christian books
[58:59.000 --> 59:01.000]  that can really help.
[59:01.000 --> 59:04.000]  The New Testament Recovery Version is one of the most comprehensive
[59:04.000 --> 59:06.000]  study Bibles available today.
[59:06.000 --> 59:09.000]  It's an accurate translation, and it contains thousands of footnotes
[59:09.000 --> 59:13.000]  that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:22.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents
[59:22.000 --> 59:28.000]  God's plan of salvation, growing in Christ, and how to build up the Church.
[59:28.000 --> 59:34.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:34.000 --> 59:41.000]  call Bibles for America toll-free at 888-551-0102.
[59:41.000 --> 59:45.000]  That's 888-551-0102.
[59:45.000 --> 01:00:00.000]  Or visit us online at bfa.org.
[01:00:00.000 --> 01:00:03.000]  You're listening to the Liberty Beat, your daily source for Liberty News
[01:00:03.000 --> 01:00:07.000]  and activist updates online at thelibertybeat.com.
[01:00:07.000 --> 01:00:12.000]  This is Justin Armand here with your Liberty Beat for February 20, 2014.
[01:00:12.000 --> 01:00:15.000]  Gold opened today at $1,315.
[01:00:15.000 --> 01:00:21.000]  Silver at $21.67, and Bitcoin is trading at $598.
[01:00:21.000 --> 01:00:24.000]  Support for the Liberty Beat comes from Massipil Printing,
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[01:00:27.000 --> 01:00:31.000]  Now accepting Bitcoin online at massipilinc.com.
[01:00:31.000 --> 01:00:34.000]  And from Dorothy Erminger at Capstar Lending.
[01:00:34.000 --> 01:00:40.000]  For your residential mortgage needs, call Dorothy at 512-343-6494
[01:00:40.000 --> 01:00:46.000]  or online at calledorthy.com, and MLS number 216624.
[01:00:46.000 --> 01:00:49.000]  And from My Magic Mud, available at Brave New Books
[01:00:49.000 --> 01:00:52.000]  or online at mymagicmud.com.
[01:00:52.000 --> 01:00:53.000]  And now the news.
[01:00:53.000 --> 01:00:56.000]  A December drone strike in Yemen launched by the United States
[01:00:56.000 --> 01:00:59.000]  may have killed up to a dozen citizens en route to a wedding
[01:00:59.000 --> 01:01:02.000]  while leaving others, including the bride, injured.
[01:01:02.000 --> 01:01:05.000]  U.S. officials claim that only members of Al-Qaeda were killed,
[01:01:05.000 --> 01:01:08.000]  but refuse to make public the investigation into the strike.
[01:01:08.000 --> 01:01:11.000]  According to the Associated Press, New York-based Human Rights Watch
[01:01:11.000 --> 01:01:14.000]  Thursday released a report on the drone strike.
[01:01:14.000 --> 01:01:16.000]  It was compiled from interviews with eight witnesses,
[01:01:16.000 --> 01:01:20.000]  relatives of those who were killed, and officials from Yemen.
[01:01:20.000 --> 01:01:23.000]  The report states that 12 men died and 15 others wounded
[01:01:23.000 --> 01:01:26.000]  as a result of the December 12 attack conducted by firing
[01:01:26.000 --> 01:01:32.000]  four Hellfire missiles at the weddinggoers.
[01:01:32.000 --> 01:01:36.000]  The attorney for the family of a 17-year-old Georgia boy killed by police
[01:01:36.000 --> 01:01:40.000]  says the teen was holding a video game controller when he opened his door
[01:01:40.000 --> 01:01:44.000]  as officers served a probation violation warrant to the boy's father.
[01:01:44.000 --> 01:01:49.000]  WSB-TV reports that a female officer told the Georgia Bureau of Investigation
[01:01:49.000 --> 01:01:53.000]  that Christopher Rupe pointed a gun at her after opening the door on Friday.
[01:01:53.000 --> 01:01:56.000]  The attorney disagrees, saying the teen was simply getting ready
[01:01:56.000 --> 01:02:00.000]  to watch a movie when police arrived and was holding a Nintendo Wii controller.
[01:02:00.000 --> 01:02:04.000]  The investigation is in the hands of the Georgia Bureau of Investigation.
[01:02:04.000 --> 01:02:08.000]  A Bitcoin mini-conference is coming to Austin's Brave New Books on March 9th.
[01:02:08.000 --> 01:02:11.000]  According to organizers, the event will serve as a launch party
[01:02:11.000 --> 01:02:14.000]  for the 512 Bitcoin Information Clearinghouse,
[01:02:14.000 --> 01:02:17.000]  in association with Sovereign BTC and the BitMom.
[01:02:17.000 --> 01:02:20.000]  The event is planned from 9 in the morning to 2 in the afternoon.
[01:02:20.000 --> 01:02:26.000]  The event will feature speakers Cody Wilson, John Bush, and Catherine Bleich.
[01:02:26.000 --> 01:02:30.000]  We are currently sitting on a cusp in terms of political and cultural consciousness.
[01:02:30.000 --> 01:02:32.000]  There is a wave of liberty rising right now,
[01:02:32.000 --> 01:02:36.000]  and we have an incredible opportunity if we can only capture this momentum.
[01:02:36.000 --> 01:02:40.000]  The youth are waking up to the dysfunctional realities of the two-party system.
[01:02:40.000 --> 01:02:43.000]  This message was a part of Kurt Hildebrand's formal announcement
[01:02:43.000 --> 01:02:46.000]  that he's running for state chair of the Libertarian Party of Texas.
[01:02:46.000 --> 01:02:51.000]  The Texas Libertarian Party's state convention is happening from April 11th through the 13th.
[01:02:51.000 --> 01:02:53.000]  You've been listening to the Liberty Beat.
[01:02:53.000 --> 01:03:02.000]  Remember, freeing your mind is freeing our world.
[01:03:23.000 --> 01:03:31.000]  I won't pay for the war with my body.
[01:03:31.000 --> 01:03:35.000]  Ain't gonna pay for the car with my money.
[01:03:35.000 --> 01:03:38.000]  I won't pay for the fun with my body.
[01:03:38.000 --> 01:03:41.000]  Just like wicked and illogic shoddy.
[01:03:41.000 --> 01:03:45.000]  Ain't gonna pay for the oil with my body.
[01:03:45.000 --> 01:03:48.000]  I won't pay for the poison with my money.
[01:03:48.000 --> 01:03:52.000]  Ain't gonna pay for the kids with my body.
[01:03:52.000 --> 01:03:56.000]  The whole agenda smells funny.
[01:03:56.000 --> 01:04:02.000]  I want to fight in a war of my own.
[01:04:02.000 --> 01:04:05.000]  That one would be less effective.
[01:04:05.000 --> 01:04:06.000]  Okay, we are back.
[01:04:06.000 --> 01:04:11.000]  We're in Helton with Joe Esquivel and Skidmore on the radio,
[01:04:11.000 --> 01:04:18.000]  and we were talking to Jerry in Texas who has a federal issue.
[01:04:18.000 --> 01:04:26.000]  I did a search for federal criminal notice,
[01:04:26.000 --> 01:04:31.000]  and about the fourth or fifth link down I got a document titled
[01:04:31.000 --> 01:04:37.000]  Judicial Notice in Federal Criminal Procedure.
[01:04:37.000 --> 01:04:40.000]  But I don't think that's exactly the right one.
[01:04:40.000 --> 01:04:42.000]  That's judicial notice.
[01:04:42.000 --> 01:04:44.000]  Thank you for telling me what to look for.
[01:04:44.000 --> 01:04:48.000]  I did find, and it was actually, the original court was civil,
[01:04:48.000 --> 01:04:56.000]  and it's rule full in the rule of civil procedure.
[01:04:56.000 --> 01:04:58.000]  Now, a quick question.
[01:04:58.000 --> 01:05:02.000]  The judge that presided, or did the proceeding,
[01:05:02.000 --> 01:05:04.000]  shouldn't he know this?
[01:05:04.000 --> 01:05:08.000]  Because he's the one that pushed on for the thing that I'm in now
[01:05:08.000 --> 01:05:14.000]  in federal, or criminal court, was what he pushed on,
[01:05:14.000 --> 01:05:18.000]  knowing that we were never served the information.
[01:05:18.000 --> 01:05:22.000]  Was it brought to his attention?
[01:05:22.000 --> 01:05:27.000]  Every time any of us got on the stand, we brought that to his attention,
[01:05:27.000 --> 01:05:36.000]  and in the recommendations he actually put in there that we never received it.
[01:05:36.000 --> 01:05:41.000]  He put in the recommendations that you didn't receive notice?
[01:05:41.000 --> 01:05:43.000]  Yes.
[01:05:43.000 --> 01:05:47.000]  That goes to judicial notice,
[01:05:47.000 --> 01:05:51.000]  and the criminal court will have to take judicial notice
[01:05:51.000 --> 01:06:02.000]  that you're being held to a court order that you never received notice of.
[01:06:02.000 --> 01:06:07.000]  You bring that issue to the prosecution and say,
[01:06:07.000 --> 01:06:11.000]  guys, you know this is just a witch hunt.
[01:06:11.000 --> 01:06:14.000]  You're just running us through the ringer
[01:06:14.000 --> 01:06:19.000]  so you could get something from us to take on a bigger guy.
[01:06:19.000 --> 01:06:22.000]  This is actually the process.
[01:06:22.000 --> 01:06:23.000]  They do it full well.
[01:06:23.000 --> 01:06:29.000]  This is not a convict law offense the way they have it structured.
[01:06:29.000 --> 01:06:32.000]  See, they don't care for the most part.
[01:06:32.000 --> 01:06:36.000]  They probably don't care about you at all.
[01:06:36.000 --> 01:06:40.000]  They're after somebody bigger than you,
[01:06:40.000 --> 01:06:46.000]  and they can use our tax dollars to prosecute you,
[01:06:46.000 --> 01:06:50.000]  deny all your rights, just to get you into a position
[01:06:50.000 --> 01:06:58.000]  to where you will say anything they want you to say whether it's true or not.
[01:06:58.000 --> 01:07:03.000]  You may beat the time, but you won't beat the ride.
[01:07:03.000 --> 01:07:07.000]  So they're taking you on a ride so they can get something from you.
[01:07:07.000 --> 01:07:12.000]  You can be sure they're going to offer you a deal.
[01:07:12.000 --> 01:07:19.000]  They're going to ask you to confirm something against the company
[01:07:19.000 --> 01:07:22.000]  that may or may not be true.
[01:07:22.000 --> 01:07:33.000]  But they'll have you in a position where they don't care.
[01:07:33.000 --> 01:07:36.000]  They don't care if it's true or not.
[01:07:36.000 --> 01:07:44.000]  They just are going to need something from you they can use against the bigger fish.
[01:07:44.000 --> 01:07:48.000]  Otherwise, they wouldn't be coming at you when they know they don't have.
[01:07:48.000 --> 01:07:55.000]  This is for being accused of breaching the notice.
[01:07:55.000 --> 01:08:00.000]  When they have a statement from the judge as a matter of law,
[01:08:00.000 --> 01:08:04.000]  you've never had the notice to breach.
[01:08:04.000 --> 01:08:12.000]  I hate to tell somebody do this or do that when there's a criminal issue
[01:08:12.000 --> 01:08:17.000]  because this is your liberty.
[01:08:17.000 --> 01:08:23.000]  But keep in mind that you're dealing with scoundrels here.
[01:08:23.000 --> 01:08:31.000]  And they will huff and puff and play big and bad right up to the courthouse steps.
[01:08:31.000 --> 01:08:35.000]  Mike Handel, what they did to him, they just huffed and puffed
[01:08:35.000 --> 01:08:37.000]  and railed in righteous indignation
[01:08:37.000 --> 01:08:40.000]  and told him all these horrible things they were going to do to him.
[01:08:40.000 --> 01:08:45.000]  But when he got to the courthouse steps, he told them to go scratch.
[01:08:45.000 --> 01:08:48.000]  And we'll see what the jury has to say.
[01:08:48.000 --> 01:08:54.000]  They dismissed everything and walked away.
[01:08:54.000 --> 01:08:59.000]  So I don't want to tell you what to do because this goes to your liberty.
[01:08:59.000 --> 01:09:03.000]  I'm really, really cautious when I'm talking about somebody's liberty,
[01:09:03.000 --> 01:09:07.000]  but look close at it.
[01:09:07.000 --> 01:09:14.000]  From what I've heard, it doesn't sound like they have a winable case.
[01:09:14.000 --> 01:09:20.000]  Especially if they have the trial judge stating as a fact.
[01:09:20.000 --> 01:09:24.000]  And what the judge does is determines the fact in accordance with the rules of evidence
[01:09:24.000 --> 01:09:28.000]  and then applies the law as he comes to him with the facts in the case.
[01:09:28.000 --> 01:09:34.000]  If he has made a factual determination that you did not have notice,
[01:09:34.000 --> 01:09:37.000]  the criminal court cannot revisit that.
[01:09:37.000 --> 01:09:41.000]  That's res judicata.
[01:09:41.000 --> 01:09:44.000]  You did not have notice as a matter of law.
[01:09:44.000 --> 01:09:51.000]  And if notice goes to an element of the crime that you're accused of,
[01:09:51.000 --> 01:09:56.000]  they don't have all the elements and they cannot get all of them
[01:09:56.000 --> 01:09:59.000]  because they already have a ruling against them.
[01:09:59.000 --> 01:10:05.000]  You might want to go to the actual statute you're accused of violating.
[01:10:05.000 --> 01:10:07.000]  Read carefully.
[01:10:07.000 --> 01:10:11.000]  Do a search on that statute for case law.
[01:10:11.000 --> 01:10:16.000]  And especially look at the elements of the criminal act.
[01:10:16.000 --> 01:10:25.000]  The prosecution has to prove every single element.
[01:10:25.000 --> 01:10:30.000]  And just a caveat to that, when I have found Google Scholar,
[01:10:30.000 --> 01:10:32.000]  I don't particularly care to use Google,
[01:10:32.000 --> 01:10:37.000]  but when I'm doing legal research and I need case law, I'll go straight to Google Scholar.
[01:10:37.000 --> 01:10:42.000]  That is the poor man's Lexus.
[01:10:42.000 --> 01:10:43.000]  Okay.
[01:10:43.000 --> 01:10:48.000]  Yeah, and what they're getting there, they said we committed perjury
[01:10:48.000 --> 01:10:51.000]  because we disobeyed the court order.
[01:10:51.000 --> 01:10:54.000]  But we're going, we never received the court order.
[01:10:54.000 --> 01:10:56.000]  We didn't know what it was.
[01:10:56.000 --> 01:10:58.000]  So we didn't know if we believed it or not.
[01:10:58.000 --> 01:11:02.000]  Wait a minute, how is that perjury?
[01:11:02.000 --> 01:11:06.000]  What are they saying amounted to perjury?
[01:11:06.000 --> 01:11:14.000]  What I found out was I did a deposition between me and the company attorney and the CEO.
[01:11:14.000 --> 01:11:18.000]  They ended up changing what I said on the deposition,
[01:11:18.000 --> 01:11:20.000]  and I didn't catch it when I read through it.
[01:11:20.000 --> 01:11:23.000]  And they said, sign it, and basically you keep your job.
[01:11:23.000 --> 01:11:24.000]  So I signed it.
[01:11:24.000 --> 01:11:27.000]  And I got up on the stand, and they knew what I was going to say on the stand,
[01:11:27.000 --> 01:11:28.000]  and I went against.
[01:11:28.000 --> 01:11:36.000]  They said that in my deposition, I said I received the court summons or the order.
[01:11:36.000 --> 01:11:38.000]  And I go, no, I never did that.
[01:11:38.000 --> 01:11:39.000]  They go, well, did you write this?
[01:11:39.000 --> 01:11:40.000]  And I go, no, I didn't.
[01:11:40.000 --> 01:11:42.000]  The company attorney did.
[01:11:42.000 --> 01:11:45.000]  They gave it back to me, and I read through it.
[01:11:45.000 --> 01:11:51.000]  I go, I didn't catch that because they have never given me that order.
[01:11:51.000 --> 01:11:52.000]  That'll pass.
[01:11:52.000 --> 01:11:57.000]  If it's just buried in a document, that'll pass.
[01:11:57.000 --> 01:12:06.000]  I mean, if it was in the document, the jury is going to have to make a determination on this.
[01:12:06.000 --> 01:12:18.000]  Every juror has signed a contract without carefully examining every single sentence and paragraph
[01:12:18.000 --> 01:12:23.000]  unless there was a large section about notice.
[01:12:23.000 --> 01:12:29.000]  On this day, at this time, I received this particular notice, and it said these things.
[01:12:29.000 --> 01:12:33.000]  And I signed for it.
[01:12:33.000 --> 01:12:37.000]  It came by this courier and a lot of information about it.
[01:12:37.000 --> 01:12:47.000]  If they just mentioned that in passing, that can be, you know, you can claim accusable error.
[01:12:47.000 --> 01:12:48.000]  Let me ask something.
[01:12:48.000 --> 01:12:51.000]  How many pages was this deposition?
[01:12:51.000 --> 01:12:53.000]  How many physical pages?
[01:12:53.000 --> 01:12:55.000]  I think two.
[01:12:55.000 --> 01:12:56.000]  Okay.
[01:12:56.000 --> 01:13:03.000]  You mentioned that they changed what you had said in your deposition.
[01:13:03.000 --> 01:13:07.000]  What page did they change, the first or the signature?
[01:13:07.000 --> 01:13:09.000]  I don't know.
[01:13:09.000 --> 01:13:15.000]  They sent me the thing, said sign it and send it back, or they had a courier there that had me sign it
[01:13:15.000 --> 01:13:17.000]  and gave it back to them.
[01:13:17.000 --> 01:13:21.000]  So I never got to see it until I got back to court.
[01:13:21.000 --> 01:13:25.000]  Was the deposition recorded?
[01:13:25.000 --> 01:13:26.000]  Yes.
[01:13:26.000 --> 01:13:31.000]  They did it over the phone because I was here in Texas and they were up in Utah.
[01:13:31.000 --> 01:13:35.000]  So they manned a copy of the recorded deposition.
[01:13:35.000 --> 01:13:40.000]  That way you can show that they changed something in the document that they presented before the court.
[01:13:40.000 --> 01:13:45.000]  I don't have that.
[01:13:45.000 --> 01:13:49.000]  Motion to compel production.
[01:13:49.000 --> 01:13:51.000]  Yes.
[01:13:51.000 --> 01:13:55.000]  You have a right to it.
[01:13:55.000 --> 01:13:59.000]  You really need counsel.
[01:13:59.000 --> 01:14:05.000]  You know, I'm not crazy about lawyers, but your liberty is at risk here.
[01:14:05.000 --> 01:14:10.000]  You need to know how to protect your rights, but you really need counsel.
[01:14:10.000 --> 01:14:11.000]  This is too serious.
[01:14:11.000 --> 01:14:14.000]  Yes.
[01:14:14.000 --> 01:14:20.000]  Sell your car, sell your pickup, sell your next door neighbor, whatever you have to.
[01:14:20.000 --> 01:14:23.000]  Sell something, get counsel.
[01:14:23.000 --> 01:14:25.000]  Yeah, that's the problem up there.
[01:14:25.000 --> 01:14:30.000]  They want me to give them $15,000 to take the case, and I don't have it.
[01:14:30.000 --> 01:14:34.000]  I'll demand court appointed counsel.
[01:14:34.000 --> 01:14:36.000]  That's what I'm doing.
[01:14:36.000 --> 01:14:38.000]  Get court appointed counsel to call us.
[01:14:38.000 --> 01:14:43.000]  We'll talk to you about how to handle court appointed counsel.
[01:14:43.000 --> 01:14:48.000]  And I went out and bought that jurisdiction.
[01:14:48.000 --> 01:14:49.000]  Excellent.
[01:14:49.000 --> 01:14:50.000]  Excellent.
[01:14:50.000 --> 01:14:55.000]  So I've been through that twice, and I think it's slowly soaking in.
[01:14:55.000 --> 01:14:56.000]  Good.
[01:14:56.000 --> 01:14:57.000]  Good.
[01:14:57.000 --> 01:14:58.000]  That'll help.
[01:14:58.000 --> 01:14:59.000]  Okay.
[01:14:59.000 --> 01:15:00.000]  I really need to move along.
[01:15:00.000 --> 01:15:01.000]  We've got a lot of cars tonight.
[01:15:01.000 --> 01:15:05.000]  But do that and keep us up to speed on how this goes.
[01:15:05.000 --> 01:15:11.000]  Once you get counsel, talk to us, and we'll show you a way to handle counsel.
[01:15:11.000 --> 01:15:13.000]  Okay.
[01:15:13.000 --> 01:15:14.000]  Okay.
[01:15:14.000 --> 01:15:15.000]  Thank you, Jerry.
[01:15:15.000 --> 01:15:16.000]  Okay.
[01:15:16.000 --> 01:15:17.000]  Okay.
[01:15:17.000 --> 01:15:25.000]  Now we're going to go to Jay in Massachusetts.
[01:15:25.000 --> 01:15:27.000]  Hello, Jay.
[01:15:27.000 --> 01:15:28.000]  Hello, guys.
[01:15:28.000 --> 01:15:29.000]  Yeah, I'm from Massachusetts.
[01:15:29.000 --> 01:15:31.000]  I'm actually in New York loading hay right now.
[01:15:31.000 --> 01:15:36.000]  But I can talk to you on a sans-fri set if I sound good enough.
[01:15:36.000 --> 01:15:38.000]  You sound fine.
[01:15:38.000 --> 01:15:39.000]  Excellent.
[01:15:39.000 --> 01:15:41.000]  Well, Randy, I sent you the e-mail.
[01:15:41.000 --> 01:15:42.000]  Well, thanks for taking my call.
[01:15:42.000 --> 01:15:52.000]  I sent you the e-mail the other day where my father had the town was coming after him
[01:15:52.000 --> 01:15:59.000]  in a kangaroo court that they call Land Court here in Massachusetts that just rules for
[01:15:59.000 --> 01:16:03.000]  the town all the time in property tax stuff.
[01:16:03.000 --> 01:16:08.000]  My father's got ten acres that he bought in the age of three.
[01:16:08.000 --> 01:16:14.000]  He never actually never even recorded the deed, never registered it.
[01:16:14.000 --> 01:16:18.000]  And somebody else did, some lawyer.
[01:16:18.000 --> 01:16:24.000]  And in 91, they brought him into court to pay all these back taxes.
[01:16:24.000 --> 01:16:33.000]  And he simply passed for the instrument that he signed that compelled him to the specific
[01:16:33.000 --> 01:16:37.000]  performance of real estate taxes.
[01:16:37.000 --> 01:16:40.000]  And that would be most likely the deed of trust.
[01:16:40.000 --> 01:16:41.000]  Hang on.
[01:16:41.000 --> 01:16:42.000]  We'll have to go to break.
[01:16:42.000 --> 01:16:49.000]  This is Randy Kelton, Deborah Stevens, Steve Skidmore, Joel Esquivel, Rue Lafayette.
[01:16:49.000 --> 01:16:54.000]  The call-in number, 512-646-1984.
[01:16:54.000 --> 01:16:55.000]  Give us a call.
[01:16:55.000 --> 01:16:56.000]  Get in line.
[01:16:56.000 --> 01:17:01.000]  We'll be right back.
[01:17:01.000 --> 01:17:02.000]  My name is Jessica Arman.
[01:17:02.000 --> 01:17:05.000]  I'm an activist, a GCN listener, and mother of three.
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[01:17:20.000 --> 01:17:22.000]  harmful toxins from deep inside your mouth.
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[01:17:52.000 --> 01:17:58.000]  To get your can of My Magic Mud, go to Brave New Books or order it online at MyMagicMud.com.
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[01:19:56.000 --> 01:19:59.000]  Okay, we are back.
[01:19:59.000 --> 01:20:03.000]  Randy Kelton, Steve Skidmore, Joe Esquivel.
[01:20:03.000 --> 01:20:07.000]  We've got radio and we're talking to Jay in Massachusetts.
[01:20:07.000 --> 01:20:10.000]  So your father has 10 acres.
[01:20:10.000 --> 01:20:12.000]  Are the 10 acres unimproved?
[01:20:12.000 --> 01:20:15.000]  Where's our house on it?
[01:20:15.000 --> 01:20:19.000]  Well, there's a barn on it and a couple other buildings.
[01:20:19.000 --> 01:20:27.000]  And he actually, there's like an apartment inside the barn where he, you know,
[01:20:27.000 --> 01:20:31.000]  he lived for years.
[01:20:31.000 --> 01:20:37.000]  Okay, then it's a residential, okay, did you inherit the property
[01:20:37.000 --> 01:20:39.000]  or is your father still alive?
[01:20:39.000 --> 01:20:41.000]  No, no, my father passed away.
[01:20:41.000 --> 01:20:46.000]  Anyways, like I said, he beat these guys in 91 on a property tax
[01:20:46.000 --> 01:20:50.000]  that they could not produce the instrument he signed,
[01:20:50.000 --> 01:20:54.000]  consenting, you know, agreeing to perform any real estate tax.
[01:20:54.000 --> 01:21:01.000]  And the judge gave the town solicitor 30 days to produce the document
[01:21:01.000 --> 01:21:07.000]  and 30 days or so went by with another court date and it was dismissed
[01:21:07.000 --> 01:21:13.000]  because that goes to res judicata.
[01:21:13.000 --> 01:21:17.000]  Res judicata being a law established in your case.
[01:21:17.000 --> 01:21:22.000]  And it also goes to collateral estoppel.
[01:21:22.000 --> 01:21:27.000]  It can't bring that issue again if they brought it in court
[01:21:27.000 --> 01:21:29.000]  and had ruled against them.
[01:21:29.000 --> 01:21:34.000]  Unless they have new evidence, they can't come back with that same issue.
[01:21:34.000 --> 01:21:36.000]  Now, here's another twist in this thing.
[01:21:36.000 --> 01:21:40.000]  We cannot come up with this in archives anywhere, nothing of the case.
[01:21:40.000 --> 01:21:46.000]  The only thing that we can find is a disclaimer
[01:21:46.000 --> 01:21:51.000]  and release of tax lien that was filed in the county recorder's office.
[01:21:51.000 --> 01:21:55.000]  Do you have copies of the court records?
[01:21:55.000 --> 01:22:02.000]  No, and the court has been extremely difficult with us over this.
[01:22:02.000 --> 01:22:05.000]  Okay, the clerk is required to have those.
[01:22:05.000 --> 01:22:09.000]  If she doesn't, sue the clerk.
[01:22:09.000 --> 01:22:12.000]  They've dragged us out of their office a few times.
[01:22:12.000 --> 01:22:15.000]  A little background on this, you can just Google my name.
[01:22:15.000 --> 01:22:18.000]  But, you know, I got no social security number.
[01:22:18.000 --> 01:22:19.000]  My dad didn't have any.
[01:22:19.000 --> 01:22:21.000]  We don't have driver's licenses.
[01:22:21.000 --> 01:22:23.000]  They pull us over.
[01:22:23.000 --> 01:22:25.000]  We beat them in court.
[01:22:25.000 --> 01:22:28.000]  We've tried filing criminal and civil charges over the years
[01:22:28.000 --> 01:22:30.000]  against local police over stuff.
[01:22:30.000 --> 01:22:33.000]  They won't tape them.
[01:22:33.000 --> 01:22:36.000]  We're getting a little smarter about it.
[01:22:36.000 --> 01:22:39.000]  Let me ask you a painful question, Jay.
[01:22:39.000 --> 01:22:43.000]  Are you claiming to be a sovereign citizen, quote unquote?
[01:22:43.000 --> 01:22:46.000]  Absolutely not, never have.
[01:22:46.000 --> 01:22:47.000]  Good, thank you.
[01:22:47.000 --> 01:22:53.000]  I specifically rebut that because that's what they presume us to be.
[01:22:53.000 --> 01:22:56.000]  Okay, good, good.
[01:22:56.000 --> 01:22:58.000]  You got your head on straight with that issue.
[01:22:58.000 --> 01:23:01.000]  Well, in the 80s, riding around with my dad,
[01:23:01.000 --> 01:23:08.000]  he listens to cassette tapes of, you know, George Gordon and, you know,
[01:23:08.000 --> 01:23:13.000]  Earl Wynton and all that stuff back, you know.
[01:23:13.000 --> 01:23:19.000]  So my father was sharp enough to pass these guys for all his documentation.
[01:23:19.000 --> 01:23:22.000]  Now, you had mentioned that might be the trust.
[01:23:22.000 --> 01:23:27.000]  Well, he paid for it cash, the tract of land.
[01:23:27.000 --> 01:23:31.000]  Thank you.
[01:23:31.000 --> 01:23:35.000]  Part of the problem is there's a deed, a deed.
[01:23:35.000 --> 01:23:37.000]  There's a deed, yes.
[01:23:37.000 --> 01:23:41.000]  Have you brought forward a land patent on this thing properly?
[01:23:41.000 --> 01:23:43.000]  Yes, yes, we did.
[01:23:43.000 --> 01:23:45.000]  We did a full land patent.
[01:23:45.000 --> 01:23:49.000]  We did a land patent.
[01:23:49.000 --> 01:23:52.000]  2010ish, I think we did it.
[01:23:52.000 --> 01:23:57.000]  And it's just been blatantly ignored.
[01:23:57.000 --> 01:24:00.000]  And what they do in land court is there's no jury trial.
[01:24:00.000 --> 01:24:02.000]  There isn't even a judge.
[01:24:02.000 --> 01:24:05.000]  It's just what they call a recorder.
[01:24:05.000 --> 01:24:09.000]  And we've demanded for trial by judgment of our peers.
[01:24:09.000 --> 01:24:13.000]  You know, we've done pleadings that we don't consent to their jurisdiction.
[01:24:13.000 --> 01:24:15.000]  We're challenging their jurisdiction.
[01:24:15.000 --> 01:24:19.000]  We've done everything by special appearance.
[01:24:19.000 --> 01:24:23.000]  And this happened with me and my house a couple years before this,
[01:24:23.000 --> 01:24:25.000]  and they just ignored everything.
[01:24:25.000 --> 01:24:31.000]  So we demanded for an instrument they sign that compelled us to,
[01:24:31.000 --> 01:24:33.000]  or we sign that compelled us.
[01:24:33.000 --> 01:24:45.000]  And the town's bar maggot lawyer states that, oh, interestingly noted, he states...
[01:24:45.000 --> 01:24:50.000]  Okay, wait a minute. We're going to run out of time.
[01:24:50.000 --> 01:24:51.000]  We do need to get to something.
[01:24:51.000 --> 01:24:54.000]  We're not going to have time for the whole story.
[01:24:54.000 --> 01:24:56.000]  It was removed in federal court.
[01:24:56.000 --> 01:24:59.000]  My father removed it in federal court last year.
[01:24:59.000 --> 01:25:01.000]  My father died in November.
[01:25:01.000 --> 01:25:04.000]  He moved to federal court.
[01:25:04.000 --> 01:25:07.000]  It passed way in January.
[01:25:07.000 --> 01:25:12.000]  I have now named the plaintiffs, me and my brothers, on this.
[01:25:12.000 --> 01:25:16.000]  And they're doing their 12b6 motions to dismiss,
[01:25:16.000 --> 01:25:21.000]  pursuing the town, the town's lawyer that brought the case forward.
[01:25:21.000 --> 01:25:24.000]  Okay, how did you get it to federal court?
[01:25:24.000 --> 01:25:28.000]  My father did a notice of removal.
[01:25:28.000 --> 01:25:31.000]  What was the federal question?
[01:25:31.000 --> 01:25:34.000]  What was the federal issue?
[01:25:34.000 --> 01:25:36.000]  Because taxes are usually a state issue, not a federal issue,
[01:25:36.000 --> 01:25:38.000]  unless you're talking income tax.
[01:25:38.000 --> 01:25:42.000]  Income taxes are strictly and specifically a state issue.
[01:25:42.000 --> 01:25:45.000]  The federal issue is that the state's totally corrupt
[01:25:45.000 --> 01:25:47.000]  and just wants to run right over us.
[01:25:47.000 --> 01:25:49.000]  Yeah, you're not going to get there with that.
[01:25:49.000 --> 01:25:51.000]  That's not an issue.
[01:25:51.000 --> 01:25:59.000]  Okay, that's kind of where I was going because of the way you're presenting your issues.
[01:25:59.000 --> 01:26:02.000]  Do you have jurisdictionary?
[01:26:02.000 --> 01:26:04.000]  No, I don't.
[01:26:04.000 --> 01:26:07.000]  Get it. You need it.
[01:26:07.000 --> 01:26:09.000]  Here's the deal.
[01:26:09.000 --> 01:26:17.000]  The trial court, the only thing the court is there for
[01:26:17.000 --> 01:26:21.000]  is to determine the facts in accordance with the rules of evidence,
[01:26:21.000 --> 01:26:26.000]  then apply the law to the facts as it comes to him.
[01:26:26.000 --> 01:26:33.000]  Your only purpose in the trial court is to set the record for appeal.
[01:26:33.000 --> 01:26:37.000]  Now, you can go in with the most cogent arguments
[01:26:37.000 --> 01:26:42.000]  and the most convincing reasons as to why the judge should rule in your favor,
[01:26:42.000 --> 01:26:45.000]  and he might agree with you.
[01:26:45.000 --> 01:26:52.000]  But if you didn't give him facts and the law as it relates to those facts,
[01:26:52.000 --> 01:26:56.000]  he has no power to rule in your favor.
[01:26:56.000 --> 01:27:01.000]  He may only rule on the laws that applies to the facts
[01:27:01.000 --> 01:27:05.000]  that he has developed in accordance with the rules of evidence.
[01:27:05.000 --> 01:27:08.000]  Anything else is irrelevant.
[01:27:08.000 --> 01:27:20.000]  You haven't told us one thing that was told in the verbiage of the law and the facts.
[01:27:20.000 --> 01:27:27.000]  If you address the courts this way, they will ignore you every time.
[01:27:27.000 --> 01:27:31.000]  People have a right to own the property, I mean.
[01:27:31.000 --> 01:27:37.000]  That's where, how do they get a right to own property?
[01:27:37.000 --> 01:27:38.000]  Granted to them.
[01:27:38.000 --> 01:27:41.000]  Okay, hold on, I'm not being facetious.
[01:27:41.000 --> 01:27:49.000]  Never make a proactive statement of law out of your own mouth.
[01:27:49.000 --> 01:27:54.000]  Always make proactive statements of law out of the mouth of the legislature
[01:27:54.000 --> 01:27:58.000]  or of the courts in the case law.
[01:27:58.000 --> 01:28:04.000]  The legislature under statute so-and-so says this.
[01:28:04.000 --> 01:28:09.000]  The courts in such and such a case said this.
[01:28:09.000 --> 01:28:17.000]  If you read some court opinions, especially Supreme Court opinions,
[01:28:17.000 --> 01:28:22.000]  you'll see that they'll say this court in this case said this,
[01:28:22.000 --> 01:28:26.000]  this court in this case said this, this court in this case said this.
[01:28:26.000 --> 01:28:32.000]  They almost never say anything out of their own mouth.
[01:28:32.000 --> 01:28:39.000]  Supreme Court decisions are usually handed down in the form of finding of facts and conclusions.
[01:28:39.000 --> 01:28:44.000]  It's all acts in the law as it applies to the facts.
[01:28:44.000 --> 01:28:45.000]  Do some research.
[01:28:45.000 --> 01:28:47.000]  Get jurisdictionary first.
[01:28:47.000 --> 01:28:52.000]  I'll tell you, the only thing the trial courts for is setting a record for appeal.
[01:28:52.000 --> 01:28:55.000]  And it's important to hold that in your mind.
[01:28:55.000 --> 01:29:01.000]  If you go into court expecting the judge to rule in your favor,
[01:29:01.000 --> 01:29:04.000]  you will always come away disappointed.
[01:29:04.000 --> 01:29:06.000]  You'll feel defeated.
[01:29:06.000 --> 01:29:11.000]  You'll feel mistreated and frustrated and helpless.
[01:29:11.000 --> 01:29:14.000]  If you don't care what that judge does,
[01:29:14.000 --> 01:29:19.000]  I'm just setting the record of here's the law, here's the facts.
[01:29:19.000 --> 01:29:22.000]  You just do whatever you want to.
[01:29:22.000 --> 01:29:24.000]  When we get done here, we'll go to the Court of Appeals,
[01:29:24.000 --> 01:29:28.000]  and they're going to play attention to the facts in the law.
[01:29:28.000 --> 01:29:30.000]  Hang on.
[01:29:30.000 --> 01:29:39.000]  Randy Kelton, Joe Esquivel, Steve Stidmore, Rule of Law Radio is getting close to 10.
[01:29:39.000 --> 01:29:44.000]  Debra will show up, and she's going to get here about 10.
[01:29:44.000 --> 01:29:46.000]  So give us a call.
[01:29:46.000 --> 01:29:49.000]  Our call-in number is 512-646-1984.
[01:29:49.000 --> 01:29:52.000]  We'll be taking your calls all night, any subject.
[01:29:52.000 --> 01:29:55.000]  And we even get to play Stomp the Chumps.
[01:29:55.000 --> 01:29:57.000]  Now you've got a whole bunch of them to stump.
[01:29:57.000 --> 01:30:03.000]  We'll be right back.
[01:30:03.000 --> 01:30:05.000]  Is that a Harley I hear?
[01:30:05.000 --> 01:30:07.000]  If so, I hope the driver's wearing a helmet.
[01:30:07.000 --> 01:30:11.000]  Motorcycle fatalities are way up, and you won't guess among which age group.
[01:30:11.000 --> 01:30:15.000]  I'm Dr. Catherine Albrecht, back with details in a moment.
[01:30:15.000 --> 01:30:17.000]  Privacy is under attack.
[01:30:17.000 --> 01:30:20.000]  When you give up data about yourself, you'll never get it back again.
[01:30:20.000 --> 01:30:25.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.000 --> 01:30:30.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.000 --> 01:30:33.000]  Privacy, it's worth hanging on to.
[01:30:33.000 --> 01:30:37.000]  This public service announcement is brought to you by StartPage.com,
[01:30:37.000 --> 01:30:41.000]  the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.000 --> 01:30:44.000]  Start over with StartPage.
[01:30:44.000 --> 01:30:48.000]  When you hear the word motorcycle, most of us think of youthful rebellion.
[01:30:48.000 --> 01:30:53.000]  You know, some teenage couple zipping down the highway with the wind whipping through their hair.
[01:30:53.000 --> 01:30:59.000]  What you don't picture is the driver on that Harley being a middle-aged baby boomer or even a retiree.
[01:30:59.000 --> 01:31:05.000]  Fact is, though, older people are riding motorcycles more than ever and dying in greater numbers too.
[01:31:05.000 --> 01:31:10.000]  Federal accident data shows motorcycle deaths have climbed 25 percent in 10 years.
[01:31:10.000 --> 01:31:15.000]  Half the riders were age 40 or older, and nearly a quarter were older than 50.
[01:31:15.000 --> 01:31:21.000]  So if you're planning on hitting the highway, wear a helmet and go easy on those hairpin turns.
[01:31:21.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:35.000]  I lost my son, my nephew, my uncle, my son on September 11, 2001.
[01:31:35.000 --> 01:31:39.000]  Most people don't know that a third tower fell on September 11.
[01:31:39.000 --> 01:31:43.000]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[01:31:43.000 --> 01:31:47.000]  Although the official explanation is that fire brought down Building 7,
[01:31:47.000 --> 01:31:53.000]  over 1,200 architects and engineers have looked into the evidence and believe there is more to the story.
[01:31:53.000 --> 01:31:56.000]  Bring justice to my son, my uncle, my nephew, my son.
[01:31:56.000 --> 01:32:01.000]  Go to buildingwhat.org. Why it fell, why it matters, and what you can do.
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[01:32:14.000 --> 01:32:18.000]  and classified it as a Schedule I drug to hide it behind a marijuana plant?
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[01:32:24.000 --> 01:32:28.000]  So now you know hemp is not marijuana, and marijuana is not hemp.
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[01:33:03.000 --> 01:33:05.000]  Looking for some truth? You found it.
[01:33:05.000 --> 01:33:10.000]  logosradionetwork.com
[01:33:36.000 --> 01:33:38.000]  Okay, we are back.
[01:33:38.000 --> 01:33:45.000]  Randy Kelton, Jalisco Vettel, Steve Skidmore, Rubel Radio, and we're talking to Jay in Massachusetts.
[01:33:45.000 --> 01:33:55.000]  If you're going to win this battle, there are some things you have to understand.
[01:33:55.000 --> 01:34:03.000]  And the most important things to understand is when you go into the court,
[01:34:03.000 --> 01:34:07.000]  it's a whole different world you're stepping into.
[01:34:07.000 --> 01:34:12.000]  When you walk into the court, you go in with the impression that they speak English in there.
[01:34:12.000 --> 01:34:15.000]  They don't. At least they don't.
[01:34:15.000 --> 01:34:20.000]  They don't speak that funny dialect you guys speak up there in Massachusetts,
[01:34:20.000 --> 01:34:24.000]  and they don't speak the funny dialect we talk down here in Texas.
[01:34:24.000 --> 01:34:29.000]  They speak a different English dialect called legalese.
[01:34:29.000 --> 01:34:39.000]  Now, it sounds a lot like English, so you get seduced into presuming the words they use
[01:34:39.000 --> 01:34:44.000]  mean the same thing they mean when you use them out on the street.
[01:34:44.000 --> 01:34:49.000]  And the lawyers take advantage of that. They want you to think that.
[01:34:49.000 --> 01:34:53.000]  But they're speaking a different language, and for the most part,
[01:34:53.000 --> 01:34:58.000]  the terms they used are defined in law.
[01:34:58.000 --> 01:35:03.000]  You need a black slaw dictionary.
[01:35:03.000 --> 01:35:11.000]  And when they use a term that is a proper noun or a noun of any kind, you want to look it up.
[01:35:11.000 --> 01:35:17.000]  And most of the predicates you want to look up as well, but especially the nouns.
[01:35:17.000 --> 01:35:21.000]  They may mean what you think they mean, and they may not.
[01:35:21.000 --> 01:35:28.000]  New World Dictionary Webster's New World Dictionary Third Collegiate Edition,
[01:35:28.000 --> 01:35:34.000]  on page 771, defines legalese as follows.
[01:35:34.000 --> 01:35:41.000]  The conventional language of legal forms, documents, et cetera, et cetera,
[01:35:41.000 --> 01:35:47.000]  being the spoken language involving special vocabulary and formulations,
[01:35:47.000 --> 01:35:54.000]  is often thought of as abstruse and incomprehensible to the layman.
[01:35:54.000 --> 01:35:59.000]  We are all laymen here.
[01:35:59.000 --> 01:36:08.000]  You can go into court and hear them talking and think you know what they're saying
[01:36:08.000 --> 01:36:11.000]  and have this conversation back and forth,
[01:36:11.000 --> 01:36:16.000]  but when you go look up the meanings of the terms they use, you don't have a clue.
[01:36:16.000 --> 01:36:19.000]  Now, okay, that sounds really complex.
[01:36:19.000 --> 01:36:22.000]  It's not as bad as it seems.
[01:36:22.000 --> 01:36:28.000]  If you're a lawyer, you really need to know the Legalese Dictionary.
[01:36:28.000 --> 01:36:34.000]  But you have a very focused issue, and if you study the issue,
[01:36:34.000 --> 01:36:40.000]  pay special attention to the definition sections.
[01:36:40.000 --> 01:36:47.000]  Most of us, when we start reading legal texts, the statutes and such,
[01:36:47.000 --> 01:36:50.000]  we tend to skip over the definition section.
[01:36:50.000 --> 01:36:53.000]  That's the most important part.
[01:36:53.000 --> 01:36:55.000]  Absolutely.
[01:36:55.000 --> 01:36:57.000]  You don't know what those words mean.
[01:36:57.000 --> 01:36:59.000]  You don't know what they're talking about.
[01:36:59.000 --> 01:37:05.000]  So never make a proactive statement of law out of your own mouth.
[01:37:05.000 --> 01:37:12.000]  Only give the judge facts and the laws that apply to those facts.
[01:37:12.000 --> 01:37:16.000]  If you write a motion, you say, Your Honor, here are the facts.
[01:37:16.000 --> 01:37:17.000]  Don't argue it.
[01:37:17.000 --> 01:37:19.000]  Don't say what the importance they are.
[01:37:19.000 --> 01:37:23.000]  Just this is a fact, this is a fact, this is a fact, this is a fact, this is a fact.
[01:37:23.000 --> 01:37:24.000]  Don't try to interpret it.
[01:37:24.000 --> 01:37:26.000]  Just read it.
[01:37:26.000 --> 01:37:31.000]  Then do a second document and say this fact and this fact are important
[01:37:31.000 --> 01:37:38.000]  because they go together this way and this is what the court said about it.
[01:37:38.000 --> 01:37:45.000]  Weave your facts together with case law, and the case law is not as hard as you think.
[01:37:45.000 --> 01:37:51.000]  When you start doing really focused research, you go into the legal library
[01:37:51.000 --> 01:37:57.000]  and you've got these books on top of books, on top of books, all over the place.
[01:37:57.000 --> 01:38:03.000]  There's a lot of different subjects, but any one particular subject,
[01:38:03.000 --> 01:38:06.000]  there's not that many cases that will go to it,
[01:38:06.000 --> 01:38:15.000]  and you don't want to look at 30-year-old cases if you can find a 20-year-old case.
[01:38:15.000 --> 01:38:19.000]  Are you familiar with shepherdizing?
[01:38:19.000 --> 01:38:21.000]  Not really.
[01:38:21.000 --> 01:38:28.000]  Because shepherds, what they do is they track case law
[01:38:28.000 --> 01:38:34.000]  and do case law as it affects old case law.
[01:38:34.000 --> 01:38:40.000]  So when the lawyer references the case, you want to go down to the legal library,
[01:38:40.000 --> 01:38:44.000]  take all these cases, first thing you want to do is shepherdize them.
[01:38:44.000 --> 01:38:46.000]  Make sure they haven't been overturned.
[01:38:46.000 --> 01:38:54.000]  Exactly, and what will happen in shepherds is they will give you more recent cases
[01:38:54.000 --> 01:39:01.000]  that cite the case you're looking at.
[01:39:01.000 --> 01:39:07.000]  The lawyers always want to cite the most recent case, and that's how you find it, is shepherds.
[01:39:07.000 --> 01:39:11.000]  Google Scholar does a lot of shepherdizing for you.
[01:39:11.000 --> 01:39:15.000]  I've found Google Scholar to be very, very helpful.
[01:39:15.000 --> 01:39:17.000]  All right.
[01:39:17.000 --> 01:39:24.000]  But keep in mind, different language, never make a proactive statement out of your own mouth.
[01:39:24.000 --> 01:39:28.000]  You'll never win your case simply because you have the law and the facts on your side,
[01:39:28.000 --> 01:39:32.000]  to think so is naive.
[01:39:32.000 --> 01:39:35.000]  You will only win your case if you have the politics on your side.
[01:39:35.000 --> 01:39:38.000]  So how do you get politics on your side?
[01:39:38.000 --> 01:39:42.000]  Make it costly for the judge to not see your side.
[01:39:42.000 --> 01:39:44.000]  That is definitely one way.
[01:39:44.000 --> 01:39:52.000]  When you go into court, think of being in there on, if you have a lawyer, you're on a four-sided chessboard.
[01:39:52.000 --> 01:39:57.000]  If you don't have a lawyer, you're on a three-sided chessboard.
[01:39:57.000 --> 01:40:00.000]  If you have a lawyer, you have your lawyer to your right.
[01:40:00.000 --> 01:40:07.000]  You have the other party's lawyer to your left, and you have the judge in front of you.
[01:40:07.000 --> 01:40:14.000]  All of these individuals have relationships with one another.
[01:40:14.000 --> 01:40:17.000]  Not to think so is naive.
[01:40:17.000 --> 01:40:25.000]  Not to pay attention to those relationships is very dangerous to your case.
[01:40:25.000 --> 01:40:29.000]  The two lawyers work with each other all the time.
[01:40:29.000 --> 01:40:34.000]  They cross from each other most of the time, but it's professional, it's business.
[01:40:34.000 --> 01:40:38.000]  Your lawyer has a relationship with this lawyer.
[01:40:38.000 --> 01:40:43.000]  He's not going to do anything to ruin that relationship, because next week you're going to be gone,
[01:40:43.000 --> 01:40:46.000]  and he's going to be in here with another client.
[01:40:46.000 --> 01:40:54.000]  If he has a client that has an iffy case, he's going to want to have some influence with this other lawyer
[01:40:54.000 --> 01:41:00.000]  to be able to get agreements that better suit his client so he makes his clients happy.
[01:41:00.000 --> 01:41:05.000]  He's not going to risk his relationship for you, the client.
[01:41:05.000 --> 01:41:07.000]  You've got the judge up there.
[01:41:07.000 --> 01:41:10.000]  He was a lawyer before he became a judge.
[01:41:10.000 --> 01:41:11.000]  He's part of that group.
[01:41:11.000 --> 01:41:14.000]  He probably knows both of them.
[01:41:14.000 --> 01:41:16.000]  They deal with him all the time.
[01:41:16.000 --> 01:41:20.000]  Neither one of them is going to do anything to get him upset.
[01:41:20.000 --> 01:41:26.000]  The judge does not want to render a ruling that changes the world as he knows it.
[01:41:26.000 --> 01:41:28.000]  This is what you're running into.
[01:41:28.000 --> 01:41:33.000]  You're asking the judge to say somebody doesn't have to pay property taxes.
[01:41:33.000 --> 01:41:38.000]  That's a good way not to get elected next time.
[01:41:38.000 --> 01:41:45.000]  You understand a lot of influences don't have anything to do with law.
[01:41:45.000 --> 01:41:49.000]  They have to do with politics.
[01:41:49.000 --> 01:41:54.000]  If you don't address that, you're going to lose every time.
[01:41:54.000 --> 01:41:56.000]  Have I thoroughly confused you?
[01:41:56.000 --> 01:41:58.000]  Yes, yes.
[01:41:58.000 --> 01:41:59.000]  Good.
[01:41:59.000 --> 01:42:02.000]  I understand a lot about politics.
[01:42:02.000 --> 01:42:07.000]  I mean, you know, what kind of law is this?
[01:42:07.000 --> 01:42:08.000]  Okay.
[01:42:08.000 --> 01:42:13.000]  One thing you have to do, I know you've been listening to these legal reform guys,
[01:42:13.000 --> 01:42:17.000]  and they're spouting all this law.
[01:42:17.000 --> 01:42:22.000]  You have to understand it's about politics.
[01:42:22.000 --> 01:42:23.000]  We may not like it.
[01:42:23.000 --> 01:42:25.000]  We may wish it was another way.
[01:42:25.000 --> 01:42:26.000]  I do understand.
[01:42:26.000 --> 01:42:33.000]  In a perfect world, everybody would enforce a law just the way they're supposed to.
[01:42:33.000 --> 01:42:37.000]  If this were a perfect world, there's a good chance you wouldn't be in it.
[01:42:37.000 --> 01:42:40.000]  I know I wouldn't.
[01:42:40.000 --> 01:42:43.000]  I've spent a lot of time in traffic court, and, you know,
[01:42:43.000 --> 01:42:48.000]  I see these cops bringing zero-cost vaccines, no claims.
[01:42:48.000 --> 01:42:49.000]  Wait a minute.
[01:42:49.000 --> 01:42:52.000]  You're getting a lot of noise in that mic.
[01:42:52.000 --> 01:42:53.000]  Oh, sorry.
[01:42:53.000 --> 01:42:55.000]  Back off a little.
[01:42:55.000 --> 01:42:56.000]  That's better.
[01:42:56.000 --> 01:42:57.000]  Oh, all right.
[01:42:57.000 --> 01:42:59.000]  I'm going to put this in my mouth.
[01:42:59.000 --> 01:43:00.000]  There you go.
[01:43:00.000 --> 01:43:02.000]  Real talk.
[01:43:02.000 --> 01:43:05.000]  And I've observed and witnessed, you know,
[01:43:05.000 --> 01:43:10.000]  these charges just allow these cops and prosecutors to bring all these charges
[01:43:10.000 --> 01:43:13.000]  against people where there is no cause of action.
[01:43:13.000 --> 01:43:15.000]  There's no valid claim.
[01:43:15.000 --> 01:43:19.000]  No one's legal rights have been injured.
[01:43:19.000 --> 01:43:26.000]  Then I see where, you know, we attempt to bring charges against these police
[01:43:26.000 --> 01:43:29.000]  officers and, you know, others.
[01:43:29.000 --> 01:43:31.000]  And they just totally ignore it.
[01:43:31.000 --> 01:43:33.000]  And it just gets, you know, I don't even understand.
[01:43:33.000 --> 01:43:34.000]  Hey, understand.
[01:43:34.000 --> 01:43:39.000]  If you move the action as an accumulation, they can.
[01:43:39.000 --> 01:43:44.000]  If you bring it in terms of fast law, that would change it.
[01:43:44.000 --> 01:43:45.000]  Okay, we do need to move on.
[01:43:45.000 --> 01:43:48.000]  We've got a whole stack of colors.
[01:43:48.000 --> 01:43:51.000]  This is Randy Kelton, Denver Stevens,
[01:43:51.000 --> 01:43:54.000]  Ed Moore and Bill Esquivel on the radio.
[01:43:54.000 --> 01:43:58.000]  I call it number 512-646-1984.
[01:43:58.000 --> 01:44:00.000]  We'll be right back.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Sorry.
[01:44:05.000 --> 01:44:08.000]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:08.000 --> 01:44:09.000]  What?
[01:44:09.000 --> 01:44:13.000]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:13.000 --> 01:44:15.000]  Hi, my name is Steve Holt.
[01:44:15.000 --> 01:44:19.000]  Like millions of other Americans, I was diagnosed with stupidity at an early age.
[01:44:19.000 --> 01:44:23.000]  I had no idea that the number one cause of the disease is found in almost every home
[01:44:23.000 --> 01:44:25.000]  in America, the television.
[01:44:25.000 --> 01:44:29.000]  Unfortunately, that puts most Americans at risk of catching stupidity.
[01:44:29.000 --> 01:44:30.000]  But there is hope.
[01:44:30.000 --> 01:44:33.000]  The staff at Brave New Books have helped me and thousands of other
[01:44:33.000 --> 01:44:36.000]  Foxaholics suffering from sports zombieism recover.
[01:44:36.000 --> 01:44:40.000]  And because of Brave New Books, I now enjoy reading and watching educational
[01:44:40.000 --> 01:44:43.000]  documentaries without feeling tired or uninterested.
[01:44:43.000 --> 01:44:46.000]  So if you or anybody you know suffers from stupidity,
[01:44:46.000 --> 01:44:52.000]  then you need to call 512-480-2503 or visit them in 1904
[01:44:52.000 --> 01:44:55.000]  at Guadalupe or bravenewbookstore.com.
[01:44:55.000 --> 01:44:57.000]  Side effects from using Brave New Books products may include discernment
[01:44:57.000 --> 01:45:01.000]  and enlarged vocabulary and an overall increase in mental functioning.
[01:45:01.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:34.000 --> 01:45:39.000]  Even if you're not in a lawsuit, you can learn what everyone should understand
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[01:45:52.000 --> 01:45:56.000]  Please visit ruleoflawradio.com and click on the banner
[01:45:56.000 --> 01:46:04.000]  or call toll-free 866-LAW-EZ.
[01:46:26.000 --> 01:46:28.000]  Thank you very much.
[01:46:57.000 --> 01:46:59.000]  Okay, we are back.
[01:46:59.000 --> 01:47:04.000]  Randy Kelton, Steve Skidmore, Joe Esquivel, Rule of Law Radio,
[01:47:04.000 --> 01:47:08.000]  and we're going to Jeff in North Carolina.
[01:47:08.000 --> 01:47:10.000]  Hello, Jeff.
[01:47:10.000 --> 01:47:11.000]  Hey, you guys.
[01:47:11.000 --> 01:47:17.000]  I want to first thank you for having the service to introduce me to you guys.
[01:47:17.000 --> 01:47:22.000]  This is my first time on the show.
[01:47:22.000 --> 01:47:27.000]  But I want to kind of address an issue that I'm dealing with.
[01:47:27.000 --> 01:47:29.000]  So you can hear me okay?
[01:47:29.000 --> 01:47:31.000]  Everything's coming through clear?
[01:47:31.000 --> 01:47:33.000]  Just fine.
[01:47:33.000 --> 01:47:34.000]  All right, great.
[01:47:34.000 --> 01:47:39.000]  All right, so I'm dealing with a property owner here who had a bankruptcy
[01:47:39.000 --> 01:47:42.000]  following back in 2008.
[01:47:42.000 --> 01:47:46.000]  And during that bankruptcy, he had 30 real estate properties,
[01:47:46.000 --> 01:47:53.000]  and 28 of those properties were basically taken back from the banks and sold.
[01:47:53.000 --> 01:47:56.000]  The two properties, the banks didn't take back,
[01:47:56.000 --> 01:47:58.000]  and they left them in his name,
[01:47:58.000 --> 01:48:03.000]  and they've tried to collect on that debt for the last five years.
[01:48:03.000 --> 01:48:08.000]  And now they're going through the process of filing a foreclosure
[01:48:08.000 --> 01:48:10.000]  on one of the properties.
[01:48:10.000 --> 01:48:14.000]  Okay, what chapter of bankruptcy?
[01:48:14.000 --> 01:48:16.000]  Chapter 7.
[01:48:16.000 --> 01:48:17.000]  Chapter 7.
[01:48:17.000 --> 01:48:21.000]  Was the property on schedule F, as in Frank,
[01:48:21.000 --> 01:48:27.000]  was the property declared secured or unsecured?
[01:48:27.000 --> 01:48:29.000]  All right.
[01:48:29.000 --> 01:48:31.000]  The property was on the schedule.
[01:48:31.000 --> 01:48:34.000]  Now, and it was in yours.
[01:48:34.000 --> 01:48:36.000]  What schedule?
[01:48:36.000 --> 01:48:38.000]  All right, go ahead.
[01:48:38.000 --> 01:48:41.000]  You have them listed from A through H.
[01:48:41.000 --> 01:48:47.000]  A, you list all the assets, and then B, C, D, E, and F,
[01:48:47.000 --> 01:48:52.000]  you list the asset as to, the determination as to, is it secured?
[01:48:52.000 --> 01:48:54.000]  Is it unsecured?
[01:48:54.000 --> 01:48:55.000]  Is it priority?
[01:48:55.000 --> 01:48:57.000]  Is it a non-priority?
[01:48:57.000 --> 01:49:01.000]  So what Steve was asking is, how was this listed?
[01:49:01.000 --> 01:49:07.000]  How did you list the debt for the property?
[01:49:07.000 --> 01:49:12.000]  We went through the bankruptcy attorney, the bankruptcy attorney listed it.
[01:49:12.000 --> 01:49:15.000]  It was talked about by the attorney.
[01:49:15.000 --> 01:49:22.000]  Okay, if the bankruptcy attorney listed it, he almost certainly listed it as secured.
[01:49:22.000 --> 01:49:24.000]  Yeah, yeah.
[01:49:24.000 --> 01:49:27.000]  They need to be listed as unsecured.
[01:49:27.000 --> 01:49:34.000]  And what this does is if someone comes back and says, oh no, it's secured,
[01:49:34.000 --> 01:49:40.000]  then the bankruptcy trustee is going to say, okay, prove up your claim.
[01:49:40.000 --> 01:49:49.000]  And that puts the bank in a position to where they have to prove up the validity of their claim.
[01:49:49.000 --> 01:49:53.000]  And that's where we want to get them because they don't have the paperwork to get that done.
[01:49:53.000 --> 01:49:55.000]  Okay, okay.
[01:49:55.000 --> 01:49:58.000]  That falls under proof of claim, okay?
[01:49:58.000 --> 01:50:07.000]  So normally they would file a B10 or proof of claim, but under bankruptcy rule 3001,
[01:50:07.000 --> 01:50:14.000]  subsection D as in dog, anyone coming forth with a claim of a secured interest must be evidenced
[01:50:14.000 --> 01:50:17.000]  by a properly perfected lien.
[01:50:17.000 --> 01:50:25.000]  So you would have to show that you have properly perfected the lien prior to the filing of the bankruptcy.
[01:50:25.000 --> 01:50:28.000]  And you would do that by going into public record.
[01:50:28.000 --> 01:50:37.000]  And you would look at the public record and see, okay, who is the proper beneficiary for the security instrument?
[01:50:37.000 --> 01:50:44.000]  If they are named in public record, are they named on the note being the tangible promissory note?
[01:50:44.000 --> 01:50:45.000]  Yes.
[01:50:45.000 --> 01:50:54.000]  And are they the sole party coming forth with sole claim to the payment and tangible obligation being the promise to pay?
[01:50:54.000 --> 01:51:02.000]  If you can lay claim to all three of them, then you are a properly secured creditor and holder in due course.
[01:51:02.000 --> 01:51:06.000]  But 99 out of 100 times, that's not the case.
[01:51:06.000 --> 01:51:07.000]  I got you.
[01:51:07.000 --> 01:51:10.000]  Now here's a little bit of a situation.
[01:51:10.000 --> 01:51:17.000]  So a motion to stay was filed on one of the properties and a motion, and it wasn't filed on the other one.
[01:51:17.000 --> 01:51:24.000]  So the bank came in and filed a motion to stay so it could proceed with its due course of action.
[01:51:24.000 --> 01:51:32.000]  And for some reason, the bankruptcy attorney allowed that to go through, and I'm not sure if that's a good thing or bad thing.
[01:51:32.000 --> 01:51:35.000]  Again, I'm just getting my head around these things.
[01:51:35.000 --> 01:51:38.000]  I understand.
[01:51:38.000 --> 01:51:49.000]  So because the motion to stay wasn't filed on the one, that would seem to mean that it went through the process of the bankruptcy
[01:51:49.000 --> 01:51:55.000]  and possibly was discharged, but I'm sure the bank still has some claim to that property.
[01:51:55.000 --> 01:52:03.000]  The other one, with the motion to stay, the bank immediately took it to foreclosure that then went through the foreclosure
[01:52:03.000 --> 01:52:12.000]  and held the property, and then it went from Merz to Countrywide, the Bank of America, to Auckland now.
[01:52:12.000 --> 01:52:17.000]  And it's been, it's followed that from Greenpoint, starting with Greenpoint.
[01:52:17.000 --> 01:52:19.000]  It's a GSC, I'll tell you right now.
[01:52:19.000 --> 01:52:26.000]  Based on what you said, all of the assignments are going from servicer to servicer to servicer.
[01:52:26.000 --> 01:52:32.000]  So right now, without even looking at your documents, I would say there's a large chance
[01:52:32.000 --> 01:52:37.000]  that an interest of your mortgage loan instrument, being the payment tangible obligation,
[01:52:37.000 --> 01:52:46.000]  has been sold to one of the GSCs claiming, that would claim ownership being Fannie Mae, Freddie Mac, or Ginnie Mae.
[01:52:46.000 --> 01:52:59.000]  Otherwise, the assignment would have gone to a named party being a trustee of a trust for an RMBS, Residential Mortgage-backed Security.
[01:52:59.000 --> 01:53:08.000]  Okay. Okay. So with that said, what is my, what is, what do you think my best stance is here?
[01:53:08.000 --> 01:53:16.000]  Because the property that's being foreclosed is also being, has the 90-day demolish from the city
[01:53:16.000 --> 01:53:20.000]  because the property's actually been boarded up for the past three years.
[01:53:20.000 --> 01:53:25.000]  The property's not in bad shape, it's just there's boards on the windows, and the city's come in,
[01:53:25.000 --> 01:53:32.000]  and so basically within a few months, they're going to knock the property down,
[01:53:32.000 --> 01:53:35.000]  and the banks are going to come in and try to foreclose,
[01:53:35.000 --> 01:53:40.000]  and I assume that they're going to try to follow an efficiency judgment against it.
[01:53:40.000 --> 01:53:47.000]  Is there any development going on in the area where that house is located?
[01:53:47.000 --> 01:53:50.000]  Yeah, there is. There actually is.
[01:53:50.000 --> 01:53:53.000]  Okay. That's why the city wants it.
[01:53:53.000 --> 01:53:56.000]  Eminent domain. Eminent domain.
[01:53:56.000 --> 01:54:00.000]  Why has the property been empty all this time?
[01:54:00.000 --> 01:54:07.000]  Because the property first was understood in 2008 during the bankruptcies.
[01:54:07.000 --> 01:54:12.000]  The other 28 properties were taken back from the bank and sold, but these two weren't,
[01:54:12.000 --> 01:54:17.000]  but it was assumed that they were going to take these two back and sell the property.
[01:54:17.000 --> 01:54:24.000]  Okay. Release them out. Get somebody in them. That'll stop the city,
[01:54:24.000 --> 01:54:33.000]  and it gets you some income, and then we need to see what's in the county record.
[01:54:33.000 --> 01:54:40.000]  With these properties going through this many hands,
[01:54:40.000 --> 01:54:47.000]  there is a great likelihood that these guys are not going to be able to prove a complete chain of title,
[01:54:47.000 --> 01:54:53.000]  and you can address the documents in the county record one at a time.
[01:54:53.000 --> 01:54:57.000]  Keep these guys in court until everybody gets sold.
[01:54:57.000 --> 01:55:03.000]  Remember, the purpose of an assignment is to memorialize the sale of the tangible promissory note.
[01:55:03.000 --> 01:55:07.000]  The assignment does not cause the sale.
[01:55:07.000 --> 01:55:10.000]  The purpose of the assignment is to memorialize it.
[01:55:10.000 --> 01:55:12.000]  So if there's multiple assignments,
[01:55:12.000 --> 01:55:18.000]  we need to see multiple endorsements from party to party to party,
[01:55:18.000 --> 01:55:23.000]  pursuant to your statutory requirements of law in North Carolina.
[01:55:23.000 --> 01:55:31.000]  So what would I need to do to delay the foreclosure action while I'm in the process of doing these other things
[01:55:31.000 --> 01:55:39.000]  to keep the property from being demolished?
[01:55:39.000 --> 01:55:44.000]  The first thing I would do is I would hot-foot it down to the county records office
[01:55:44.000 --> 01:55:47.000]  in the county where the property is located,
[01:55:47.000 --> 01:55:55.000]  and I would get a copy of every document that is on record from the time that the...
[01:55:55.000 --> 01:55:56.000]  Loan originated.
[01:55:56.000 --> 01:56:04.000]  Right, from the time the loan originated or the time that you became involved with the property till today.
[01:56:04.000 --> 01:56:09.000]  What you're looking for is, Pete, the party entitled to enforce.
[01:56:09.000 --> 01:56:14.000]  The party entitled to enforce should be reflected in the public record,
[01:56:14.000 --> 01:56:16.000]  and if MERS is even remotely...
[01:56:16.000 --> 01:56:18.000]  That's mortgage electronic registration system.
[01:56:18.000 --> 01:56:21.000]  If MERS is even remotely involved, I'll tell you right now,
[01:56:21.000 --> 01:56:23.000]  you're not going to find what you're looking for,
[01:56:23.000 --> 01:56:26.000]  and that's exactly what you want to find.
[01:56:26.000 --> 01:56:27.000]  Okay.
[01:56:27.000 --> 01:56:34.000]  Because the party coming forth with an action is going to try to claim agency relationship,
[01:56:34.000 --> 01:56:41.000]  but the problem is that there is no agent or principal named on the tangible promissory note,
[01:56:41.000 --> 01:56:49.000]  and that was the action, Steve, that we had in the 51903 in Houston,
[01:56:49.000 --> 01:56:53.000]  was that the Allange...
[01:56:53.000 --> 01:56:54.000]  Was not recorded?
[01:56:54.000 --> 01:56:56.000]  No, did not have a name payee.
[01:56:56.000 --> 01:56:58.000]  Right.
[01:56:58.000 --> 01:56:59.000]  So...
[01:56:59.000 --> 01:57:00.000]  It was entitled to enforce.
[01:57:00.000 --> 01:57:01.000]  Right.
[01:57:01.000 --> 01:57:04.000]  You've got to look at your note as if it were a check.
[01:57:04.000 --> 01:57:09.000]  If you've ever had a checkbook, you know full well that whoever you write a check to,
[01:57:09.000 --> 01:57:14.000]  there's a blank line on that check, and you're supposed to write in that individual or that company's name.
[01:57:14.000 --> 01:57:20.000]  If you fail to do that, when they endorse the check on the back to themselves or whatever,
[01:57:20.000 --> 01:57:23.000]  and they take it to the bank, are they going to be able to catch it?
[01:57:23.000 --> 01:57:24.000]  No.
[01:57:24.000 --> 01:57:25.000]  No.
[01:57:25.000 --> 01:57:28.000]  The teller is going to slide that back to them and say,
[01:57:28.000 --> 01:57:32.000]  there's no named payee here on the page in the order of line.
[01:57:32.000 --> 01:57:33.000]  Go look at your note.
[01:57:33.000 --> 01:57:35.000]  Look at the Allange on the note.
[01:57:35.000 --> 01:57:38.000]  You're going to find exactly the same thing.
[01:57:38.000 --> 01:57:39.000]  Okay.
[01:57:39.000 --> 01:57:41.000]  There's no named payee.
[01:57:41.000 --> 01:57:50.000]  So what I have pulled all the records and what I've seen is that both of these instruments were pulled out.
[01:57:50.000 --> 01:57:57.000]  To me, it looked like they were transferred from Merge or came out of Merge into Countrywide,
[01:57:57.000 --> 01:58:00.000]  which was then transferred to Bank of America.
[01:58:00.000 --> 01:58:01.000]  Perfect.
[01:58:01.000 --> 01:58:02.000]  Right.
[01:58:02.000 --> 01:58:10.000]  But you have to understand that Countrywide sold its assets, personal assets, to Bank of America in February of 08.
[01:58:10.000 --> 01:58:14.000]  And then Countrywide ceased to exist in 09.
[01:58:14.000 --> 01:58:18.000]  So then you have to ask, what was it that Bank of America purchased?
[01:58:18.000 --> 01:58:20.000]  They purchased personal property.
[01:58:20.000 --> 01:58:21.000]  Paper.
[01:58:21.000 --> 01:58:22.000]  Not real property.
[01:58:22.000 --> 01:58:31.000]  So all of them thousands of boxes with millions of pieces of paper that at one time purported to be tangible promissory notes
[01:58:31.000 --> 01:58:36.000]  were just worthless pieces of paper because there was no debt to evidence.
[01:58:36.000 --> 01:58:41.000]  So they had simple possession, not legal possession with rights.
[01:58:41.000 --> 01:58:43.000]  We'll take this back on the other side.
[01:58:43.000 --> 01:58:46.000]  When we come back, this is Joe Espo, Randy Count and Steve Skidmore.
[01:58:46.000 --> 01:58:50.000]  We'll be right back.
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