ROL_2014-03-21_16k_Hr3-4.timecode

[00:00.000 --> 00:07.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
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[00:09.000 --> 00:14.000]  I'm Brian Hagan with your Liberty Beat for Friday, March 21, 2014.
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[00:52.000 --> 00:57.000]  In the news, on Wednesday, the NSA's top lawyer told a panel that the biggest Internet companies
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[03:17.000 --> 03:21.000]  Well, I received my remedy today
[03:21.000 --> 03:25.000]  I came in a box just like they say
[03:25.000 --> 03:28.000]  I accept it for value right away
[03:28.000 --> 03:32.000]  It's not true, not later
[03:32.000 --> 03:34.000]  We are originators
[03:34.000 --> 03:36.000]  Okay, we are back.
[03:36.000 --> 03:39.000]  Randy Kelton, Steve Skidmore, Rubio Radio,
[03:39.000 --> 03:43.000]  and we're talking to Gary in Texas.
[03:43.000 --> 03:46.000]  Okay, you got a little more time this time, Gary.
[03:46.000 --> 03:49.000]  That's okay. I appreciate it.
[03:49.000 --> 03:52.000]  For me, today was a really heavy day.
[03:52.000 --> 03:55.000]  And I did something today that I've never done,
[03:55.000 --> 03:58.000]  and that is I went in to a public official
[03:58.000 --> 04:03.000]  to file criminal complaints on two other public officials.
[04:03.000 --> 04:08.000]  And really and truly, I agonized over it.
[04:08.000 --> 04:10.000]  I wanted to make sure I was right.
[04:10.000 --> 04:12.000]  Was I sure in my accusation?
[04:12.000 --> 04:16.000]  Because my accusation could potentially affect careers
[04:16.000 --> 04:18.000]  and liberty and everything else.
[04:18.000 --> 04:21.000]  It was a big deal to me to make sure I was right.
[04:21.000 --> 04:24.000]  So I'm going in, I'm kind of heavy-hearted,
[04:24.000 --> 04:26.000]  I don't really want to do it, but I have to do it
[04:26.000 --> 04:28.000]  because I believe a crime has been committed.
[04:28.000 --> 04:33.000]  So I handed it to the person
[04:33.000 --> 04:37.000]  and started asking a few questions about it.
[04:37.000 --> 04:41.000]  And where we got to relatively quickly was
[04:41.000 --> 04:44.000]  what was going to be done with the criminal complaint?
[04:44.000 --> 04:46.000]  And the person said,
[04:46.000 --> 04:50.000]  well, I'll probably just send it to the attorney general.
[04:50.000 --> 04:52.000]  And I said, well, excuse me,
[04:52.000 --> 04:57.000]  but I believe that you're required to give it
[04:57.000 --> 05:01.000]  to the appropriate person who will reduce it to an information
[05:01.000 --> 05:03.000]  and present it to a grand jury.
[05:03.000 --> 05:06.000]  I believe that's the correct train of title.
[05:06.000 --> 05:10.000]  No, I'll just send it to the attorney general.
[05:10.000 --> 05:13.000]  So I don't think that that's the right thing to do with it.
[05:13.000 --> 05:15.000]  Was this a bailiff?
[05:15.000 --> 05:18.000]  No, it wasn't, higher.
[05:18.000 --> 05:21.000]  Okay.
[05:21.000 --> 05:27.000]  So long story short, as I was leaving,
[05:27.000 --> 05:29.000]  I was asked, are these the only copies you have?
[05:29.000 --> 05:32.000]  And I said, yeah, you'll need to make me a copy.
[05:32.000 --> 05:36.000]  And I want you to timestamp it and date it and sign it
[05:36.000 --> 05:37.000]  that you've received it.
[05:37.000 --> 05:40.000]  I want proof of receipt.
[05:40.000 --> 05:42.000]  So there's a little bit of back and forth on that,
[05:42.000 --> 05:44.000]  but finally I got that.
[05:44.000 --> 05:55.000]  And during the conversation there was the talk about an arrest
[05:55.000 --> 06:01.000]  and what an officer is supposed to do when he arrests an individual,
[06:01.000 --> 06:07.000]  and that is he's supposed to take them directly to a magistrate
[06:07.000 --> 06:12.000]  and not take them directly to jail and assist in the booking paperwork
[06:12.000 --> 06:16.000]  and then incarcerate that person until the next morning
[06:16.000 --> 06:19.000]  when a magistrate comes in.
[06:19.000 --> 06:22.000]  And I was told, well, they saw the magistrate the next morning.
[06:22.000 --> 06:29.000]  I said, well, yeah, sort of, but the only event that occurred was a bond hearing.
[06:29.000 --> 06:31.000]  They didn't have an examining court.
[06:31.000 --> 06:34.000]  There was no probable cause hearing.
[06:34.000 --> 06:38.000]  The accuser wasn't there.
[06:38.000 --> 06:43.000]  I said, this examination court that's all over the code of criminal procedure
[06:43.000 --> 06:46.000]  is just not done in this county.
[06:46.000 --> 06:51.000]  And so, well, they don't really need to do that.
[06:51.000 --> 06:53.000]  They can take him to jail.
[06:53.000 --> 06:54.000]  That's okay.
[06:54.000 --> 06:57.000]  And as long as they see the magistrate the next day, it's okay.
[06:57.000 --> 06:59.000]  And I said, you're missing the point.
[06:59.000 --> 07:10.000]  I said, 14.06 says that they must take the accused before a magistrate.
[07:10.000 --> 07:16.000]  And I said, to me, the word must means absolutely must take them there.
[07:16.000 --> 07:21.000]  And there's a procedure that's defined in other sections of the code
[07:21.000 --> 07:25.000]  that describes what the magistrate's duty is,
[07:25.000 --> 07:31.000]  and one of them is to provide that accused person with the opportunity
[07:31.000 --> 07:36.000]  to have an attorney right then and there on the spot to help him
[07:36.000 --> 07:41.000]  and guide him in his verbiage, is to question the arresting person,
[07:41.000 --> 07:45.000]  what happened, in other words, hold a probable cause hearing,
[07:45.000 --> 07:47.000]  to the best of my understanding.
[07:47.000 --> 07:49.000]  And they don't do that, so they're violating it.
[07:49.000 --> 07:55.000]  I said, the way that I understand that, whenever they violate due process like that,
[07:55.000 --> 08:00.000]  they become a trespasser ab initio according to court cases,
[08:00.000 --> 08:05.000]  and now the arrest becomes unlawful.
[08:05.000 --> 08:09.000]  But in Texas, since there's no unlawful arrest statute,
[08:09.000 --> 08:13.000]  it just boils down to pure aggravated kidnapping.
[08:13.000 --> 08:17.000]  And that's my next charge right here.
[08:17.000 --> 08:22.000]  And the guy just got wiped as a sheet and started making me feel
[08:22.000 --> 08:26.000]  as though he wasn't taking me seriously, and started making me feel
[08:26.000 --> 08:30.000]  as though because I'm not an attorney, I don't know what I'm doing.
[08:30.000 --> 08:34.000]  And I might be in jeopardy for filing these complaints.
[08:34.000 --> 08:36.000]  Whoa, hold on.
[08:36.000 --> 08:38.000]  Yeah, that's a red flag.
[08:38.000 --> 08:45.000]  That's a 36-05 Texas penal codes, what that one is.
[08:45.000 --> 08:51.000]  If he did anything to give you any indication that you may suffer
[08:51.000 --> 08:57.000]  some retaliation of any kind, that's tampering with the witness.
[08:57.000 --> 08:59.000]  That's felony in Texas.
[08:59.000 --> 09:01.000]  Yeah, I dealt with that.
[09:01.000 --> 09:07.000]  I mentioned, I said one of my concerns in doing this is the potential
[09:07.000 --> 09:11.000]  for retaliation against me and against members of my family.
[09:11.000 --> 09:15.000]  And I said, I don't know, maybe my grandkids.
[09:15.000 --> 09:20.000]  And I just want to let you know, and I want you to look me right in the eye
[09:20.000 --> 09:23.000]  when I tell you this, I want to make sure you're listening to me.
[09:23.000 --> 09:28.000]  I want to let you know that if I even smell retaliation,
[09:28.000 --> 09:32.000]  I'm going to be right in the middle of your desk.
[09:32.000 --> 09:38.000]  You are going to be the first one to know, so it better not happen.
[09:38.000 --> 09:40.000]  And that just lit up a whole other deal.
[09:40.000 --> 09:45.000]  So there were several instances today where I was made to feel that this guy
[09:45.000 --> 09:52.000]  who is supposed to have perhaps a greater understanding than most in the county
[09:52.000 --> 09:57.000]  of the codes and statutes, that he hadn't read them.
[09:57.000 --> 10:04.000]  And we got into a little bit of a discussion about the difference between,
[10:04.000 --> 10:09.000]  you know, the motor vehicle and the use of the highway.
[10:09.000 --> 10:13.000]  He said, well, you know, you have to have a license to drive a motor vehicle in Texas.
[10:13.000 --> 10:15.000]  I said, yes, you do.
[10:15.000 --> 10:16.000]  Absolutely.
[10:16.000 --> 10:17.000]  You better.
[10:17.000 --> 10:18.000]  It's a privilege, right?
[10:18.000 --> 10:19.000]  He goes, yeah.
[10:19.000 --> 10:21.000]  I said, let me ask you this.
[10:21.000 --> 10:23.000]  Is this the same thing?
[10:23.000 --> 10:31.000]  Is it the same thing if I get in my car and I am not carrying any paying passengers,
[10:31.000 --> 10:34.000]  no property that I've been hired to transport,
[10:34.000 --> 10:42.000]  I'm just going home or whatever or just using the public highway for private purposes?
[10:42.000 --> 10:46.000]  Am I in need of a license in that case?
[10:46.000 --> 10:47.000]  He goes, absolutely.
[10:47.000 --> 10:48.000]  Driving is a privilege.
[10:48.000 --> 10:50.000]  I said, well, let me ask you this.
[10:50.000 --> 10:56.000]  How would you explain the definition of public highway in the Texas Natural Resource Code
[10:56.000 --> 11:01.000]  that says that it's a way of any way whatsoever open to the public
[11:01.000 --> 11:05.000]  for the right of public vehicles or travelers?
[11:05.000 --> 11:07.000]  Not the privilege.
[11:07.000 --> 11:08.000]  It didn't use the word privilege.
[11:08.000 --> 11:10.000]  It says the right.
[11:10.000 --> 11:16.000]  So what activity do I have to engage in to be exercising the right for public travel
[11:16.000 --> 11:19.000]  as compared to exercising a privilege?
[11:19.000 --> 11:22.000]  What's the difference in my conduct?
[11:22.000 --> 11:23.000]  Explain it to me.
[11:23.000 --> 11:26.000]  Why is that in the code?
[11:26.000 --> 11:29.000]  And he said, well, it only applies in that particular code
[11:29.000 --> 11:33.000]  because you've got to have a license to drive a car.
[11:33.000 --> 11:34.000]  And I'm going, here we are.
[11:34.000 --> 11:36.000]  We're back on this daisy chain again.
[11:36.000 --> 11:40.000]  And I'm thinking these are the people that are in charge,
[11:40.000 --> 11:43.000]  that they have this tunnel vision,
[11:43.000 --> 11:51.000]  that they don't have a more expansive understanding of the way these codes are written
[11:51.000 --> 11:54.000]  and how they're supposed to be enforced.
[11:54.000 --> 12:00.000]  I came away so frustrated and really questioning it.
[12:00.000 --> 12:02.000]  What did I do today?
[12:02.000 --> 12:04.000]  Did I do the right thing?
[12:04.000 --> 12:05.000]  It was a terrible day.
[12:05.000 --> 12:07.000]  I couldn't believe it.
[12:07.000 --> 12:11.000]  You did the right thing and welcome to my world.
[12:11.000 --> 12:13.000]  Yeah.
[12:13.000 --> 12:22.000]  I have yet to find a prosecuting attorney who, from my perspective,
[12:22.000 --> 12:29.000]  they genuinely were not aware of Article 2.03 Code of Criminal Procedure.
[12:29.000 --> 12:30.000]  Right.
[12:30.000 --> 12:40.000]  I have never asked one about 2.03 and got a glimmer of recognition.
[12:40.000 --> 12:45.000]  Even if they said no, if they had seen it, I would have saw it in their eyes,
[12:45.000 --> 12:49.000]  never, ever one time.
[12:49.000 --> 12:54.000]  And the prosecutor here in Wise County where I live, frankly,
[12:54.000 --> 12:59.000]  I think very highly of him, Greg Lowry.
[12:59.000 --> 13:05.000]  If any prosecutor tries to do the right thing, he does.
[13:05.000 --> 13:09.000]  And I was sitting talking to him and I mentioned that I'd help somebody with something.
[13:09.000 --> 13:11.000]  He said, remember, be careful.
[13:11.000 --> 13:13.000]  You could get charged with illegal practice of laws.
[13:13.000 --> 13:15.000]  No, no, no.
[13:15.000 --> 13:21.000]  That only applies to people in personal injury cases.
[13:21.000 --> 13:22.000]  He said, are you sure?
[13:22.000 --> 13:23.000]  I said, I'm sure.
[13:23.000 --> 13:27.000]  Look up 38.123 Penal Code.
[13:27.000 --> 13:28.000]  He looked it up and read it.
[13:28.000 --> 13:30.000]  He said, well, you're right.
[13:30.000 --> 13:33.000]  I said, Greg, you ought to be ashamed of yourself.
[13:33.000 --> 13:35.000]  You had to look that up.
[13:35.000 --> 13:37.000]  Well, I don't have it all memorized.
[13:37.000 --> 13:42.000]  Well, tell me, Greg, when was the last time you read that thing?
[13:42.000 --> 13:46.000]  He said, well, I don't know that I've ever read the whole thing.
[13:46.000 --> 13:47.000]  Yeah.
[13:47.000 --> 13:50.000]  Greg, you ought to be ashamed of yourself.
[13:50.000 --> 13:57.000]  He said, Mr. Kelton, I don't know of a single lawyer who's read the whole thing.
[13:57.000 --> 13:59.000]  I said, that is pitiful.
[13:59.000 --> 14:02.000]  And he said, yes, it is.
[14:02.000 --> 14:05.000]  But that's the fact.
[14:05.000 --> 14:09.000]  They come in and they do what has been done.
[14:09.000 --> 14:15.000]  And when I start walking over them with code, when I started the show tonight,
[14:15.000 --> 14:22.000]  I told about having a little get together with some bailiffs at a JP court,
[14:22.000 --> 14:26.000]  and the head bailiff got real excited.
[14:26.000 --> 14:33.000]  What stopped him from being excited is when I started walking down the code with him.
[14:33.000 --> 14:36.000]  This is what the code says you're to do.
[14:36.000 --> 14:40.000]  And he was concerned that I was going to ask him to arrest the judge.
[14:40.000 --> 14:43.000]  I said, well, you're a certified police officer in the state of Texas
[14:43.000 --> 14:46.000]  under Article 2.13 Code of Criminal Procedure.
[14:46.000 --> 14:48.000]  You have a duty to keep the peace.
[14:48.000 --> 14:51.000]  And here you are a bailiff for the court.
[14:51.000 --> 14:53.000]  Then you're a security officer.
[14:53.000 --> 14:55.000]  It's your duty to keep the peace in the courtroom.
[14:55.000 --> 14:58.000]  It makes no difference who breaches it.
[14:58.000 --> 15:04.000]  If the judge breaches the peace, you have the same duty to arrest him as me.
[15:04.000 --> 15:12.000]  That's when he took a deep breath and kind of calmed down a little bit.
[15:12.000 --> 15:14.000]  He didn't know these codes.
[15:14.000 --> 15:18.000]  I could have been giving him all kind of garbage trash.
[15:18.000 --> 15:22.000]  He would not have a clue.
[15:22.000 --> 15:24.000]  Yeah, right.
[15:24.000 --> 15:28.000]  He was afraid that I knew what I was talking about.
[15:28.000 --> 15:32.000]  So I haven't found any of them that have a clue as to what the code is.
[15:32.000 --> 15:34.000]  They tend not to care what the code is.
[15:34.000 --> 15:36.000]  They feel absolutely protected.
[15:36.000 --> 15:39.000]  And as long as they do what their boss tells them, they're protected.
[15:39.000 --> 15:41.000]  So that's what I'm trying to do.
[15:41.000 --> 15:48.000]  I'm trying to take someone doing what they always did, what everybody else does,
[15:48.000 --> 15:54.000]  what their boss told them to do, and land on them like a ton of bricks for it.
[15:54.000 --> 16:01.000]  And like you were talking about, the way these magistrates were trying to do things,
[16:01.000 --> 16:05.000]  we take the way they're trying to do things,
[16:05.000 --> 16:10.000]  and we accuse them of doing things the way they were trained to do,
[16:10.000 --> 16:15.000]  and we want them to go explain their behavior through a grand jury of my peers,
[16:15.000 --> 16:25.000]  not their peers, of why you're doing things that is not in compliance with the written code.
[16:25.000 --> 16:27.000]  That's when we'll get things changed.
[16:27.000 --> 16:30.000]  So absolutely, you did the right thing.
[16:30.000 --> 16:35.000]  And it pleases me that we have people out here doing that.
[16:35.000 --> 16:37.000]  This is how we're going to change things.
[16:37.000 --> 16:38.000]  Hang on, guys.
[16:38.000 --> 16:39.000]  We're about to go to break.
[16:39.000 --> 16:43.000]  This is Randy Kelton, Steve Skidmore with our radio.
[16:43.000 --> 16:48.000]  Our call-in number, 512-646-1984.
[16:48.000 --> 16:51.000]  Kenny, John, Mark, I see you there.
[16:51.000 --> 16:53.000]  We'll pick you up when we come back on the other side.
[16:53.000 --> 16:56.000]  So if you have a question or comment, give us a call,
[16:56.000 --> 17:00.000]  and we'll be right back.
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[19:00.000 --> 19:11.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:11.000 --> 19:14.000]  Well, don't let nothing get to you.
[19:14.000 --> 19:17.000]  Only the father can deliver you.
[19:17.000 --> 19:24.000]  Don't let bad-minded people hurt you until they can get behind you.
[19:24.000 --> 19:28.000]  Norman, my friend, and all of your children.
[19:28.000 --> 19:29.000]  Come on.
[19:29.000 --> 19:57.000]  Trust in God, my friend. Tell Him your problem then. Call on His name once again. Here we go, you know He works the aim.
[19:57.000 --> 20:04.000]  Okay, we are back. Randy Kelton, Steve Kiddmore, Rule of Law Radio, and we're talking to Gary in Texas.
[20:04.000 --> 20:12.000]  And Gary, I especially appreciated your concern.
[20:12.000 --> 20:21.000]  Deborah and Eddie kind of get all over me when I say this, but I never want anybody entitled.
[20:21.000 --> 20:26.000]  This is my job. It's my duty to do this, but heck, I don't want anybody in trouble.
[20:26.000 --> 20:33.000]  I think of these guys like my grandkids. I love my grandkids dearly.
[20:33.000 --> 20:38.000]  But if one of them runs out in the road, I'm fixing to tan his hide.
[20:38.000 --> 20:44.000]  And we could get rid of all of our public officials, replace them with new ones, and we'd be in the same place.
[20:44.000 --> 20:49.000]  I think we're much better off if we just sting them.
[20:49.000 --> 20:56.000]  You know, about four years ago, I got all the judges of the Court of Criminal Appeals put before Grand Jury.
[20:56.000 --> 21:05.000]  The way it run me, it was Ron Earl, that scoundrel. He used my complaints to try to get them taken out of office with him.
[21:05.000 --> 21:10.000]  Twenty-five year prosecutor, Democrat, not running for office.
[21:10.000 --> 21:14.000]  I gave him a complaint against all these guys. He gets the opportunity to take them out.
[21:14.000 --> 21:22.000]  It was about them asking for a motion for leave to file a writ of habeas corpus, which I claimed was illegal.
[21:22.000 --> 21:25.000]  Now, I didn't get anybody indicted.
[21:25.000 --> 21:33.000]  But if you file a writ of habeas corpus with Court of Criminal Appeals now, they're not going to ask you for a motion for leave to file.
[21:33.000 --> 21:43.000]  It works and didn't hurt anybody. It just kind of got their attention. That worked perfectly.
[21:43.000 --> 21:48.000]  So, Gary, you really need to pay attention to these guys and watch.
[21:48.000 --> 21:53.000]  You said the right thing to this guy about retaliation.
[21:53.000 --> 21:58.000]  You work your way up the chain. I had a policeman stop me in my yard.
[21:58.000 --> 22:04.000]  I was doing some plastic welding on a tank with a little torch when we had a fire ban on.
[22:04.000 --> 22:10.000]  And I was just jerking him around. I said, you're kidding, right? This is a joke, right? Oh, no, no, sir.
[22:10.000 --> 22:15.000]  He was a new cop in town. He didn't know me. I live right next to City Hall.
[22:15.000 --> 22:21.000]  I said, you're just joking, joshing me, right? This is a joke. Oh, no, sir. You can't have that open flame.
[22:21.000 --> 22:28.000]  Wait a minute. Wait a minute. That John Faustel sent you down here, didn't he?
[22:28.000 --> 22:31.000]  He's the district judge for Wise County.
[22:31.000 --> 22:39.000]  He sent you down here to do this to me just because I filed one crummy little complaint against him with the attorney general.
[22:39.000 --> 22:42.000]  He sent you down here to harass me, didn't he?
[22:42.000 --> 22:50.000]  And this guy stepped back, held up both hands with his palms out. Just a moment, sir. And he took out his cell phone, dialed it.
[22:50.000 --> 23:00.000]  In about 30 seconds, Tom stepped out of the City Hall right across the alley from me. He's the chief of police.
[23:00.000 --> 23:04.000]  Randy, what are you doing to my new officer?
[23:04.000 --> 23:15.000]  Oh, Tom, heck, I was just jerking him around a little. And the cop said, oh, God, I saw my whole career flash before my eyes.
[23:15.000 --> 23:18.000]  This is how I keep them from retaliating.
[23:18.000 --> 23:26.000]  I walk this thing up the line as fast as I can. And if this guy gives it to the attorney general, wonderful.
[23:26.000 --> 23:32.000]  So we never ask a public official to do anything we actually want them to do.
[23:32.000 --> 23:37.000]  We never ask them to do anything they're not absolutely required to do.
[23:37.000 --> 23:42.000]  And we're holding out the officer offer in one hand, we're holding a club in the other.
[23:42.000 --> 23:56.000]  The way we use that club was we take that offer with a complaint for you not taking the officer to the guy above you and stick him in the same spot.
[23:56.000 --> 24:03.000]  Okay, good. Go ahead. I kind of you got to my favorite issues here.
[24:03.000 --> 24:15.000]  Well, the other things I thought about were the fact that there and I really do believe this and people call me naive, that's fine.
[24:15.000 --> 24:22.000]  I really do believe that we have got some terrific law enforcement people out there and we have some really good judges too.
[24:22.000 --> 24:33.000]  But we also have some really crummy ones. And what we have is sometimes officers make mistakes, I get that.
[24:33.000 --> 24:39.000]  Sometimes people are in a bad mood, they see things incorrectly, I get that too.
[24:39.000 --> 24:53.000]  But when these professional people, the professional writers of criminal complaints, when they just misrepresent facts,
[24:53.000 --> 25:12.000]  when they outright lie on incident reports and then swear and testify to the truth of their report and submit that, knowing that another person's life could be put at jeopardy,
[25:12.000 --> 25:26.000]  their liberty could be put at jeopardy, they could be facing financial ruin, a history of criminal reporting that's false, that just infuriates me.
[25:26.000 --> 25:30.000]  You've got to stop them from doing that.
[25:30.000 --> 25:33.000]  Gary, it's your fault.
[25:33.000 --> 25:37.000]  Well, and I guess so, you know.
[25:37.000 --> 25:40.000]  This is the first time you've done this?
[25:40.000 --> 25:43.000]  I have never done that before. I've never filed.
[25:43.000 --> 25:46.000]  Where have you been?
[25:46.000 --> 25:49.000]  I've been right here.
[25:49.000 --> 25:55.000]  You know, I walk into a courthouse and I am the baddest motor scooter in the building.
[25:55.000 --> 26:01.000]  And the only reason I am is that I'm nobody.
[26:01.000 --> 26:04.000]  They are all public servants.
[26:04.000 --> 26:08.000]  I am the master.
[26:08.000 --> 26:17.000]  We as masters have forgot that we are the masters of our servants.
[26:17.000 --> 26:19.000]  Well, that's true.
[26:19.000 --> 26:32.000]  We ask our servants to enforce these laws, not just to protect us from other people, but to protect us from ourselves,
[26:32.000 --> 26:38.000]  to give us reasons not to do stupid things that will cause us problems.
[26:38.000 --> 26:45.000]  And then we don't return the favor and we let our system get out of hand.
[26:45.000 --> 26:52.000]  The gentleman that was on before me, he was talking about the magistrate's bitch book.
[26:52.000 --> 26:55.000]  I have a copy of it.
[26:55.000 --> 26:59.000]  And you know, he's totally correct in the way he described it.
[26:59.000 --> 27:04.000]  On the very first page, it talks about how you're required to hold this hearing.
[27:04.000 --> 27:10.000]  You're required to hold a probable cause hearing.
[27:10.000 --> 27:12.000]  You're required to do all of this.
[27:12.000 --> 27:18.000]  Just like he said, they mentioned Rothgarry v. Gillespie County Supreme Court 2008.
[27:18.000 --> 27:21.000]  They mentioned that on the first page.
[27:21.000 --> 27:25.000]  But I started reading through the second page and following.
[27:25.000 --> 27:34.000]  And they never instruct the magistrate how to carry out the probable cause hearing.
[27:34.000 --> 27:39.000]  They never tell him how to carry out the examination trial.
[27:39.000 --> 27:43.000]  All they talk about is the bond setting and all this other stuff.
[27:43.000 --> 27:50.000]  And so who's the author of that book that's instructing the magistrates what their duty is?
[27:50.000 --> 27:54.000]  That is a question that Deborah brought up.
[27:54.000 --> 28:00.000]  She was saying we should sue those guys.
[28:00.000 --> 28:07.000]  We should sue the ones that are instructing these public officials to act improperly.
[28:07.000 --> 28:09.000]  And I think that's a great idea.
[28:09.000 --> 28:10.000]  I do too.
[28:10.000 --> 28:12.000]  Yeah, I do too.
[28:12.000 --> 28:23.000]  Right now, I am methodically setting up all of the JPs in Dallas and Tarrant County so that I can land on all of them.
[28:23.000 --> 28:32.000]  I don't want to go after one who does something really crappy because I'm really trying to change things.
[28:32.000 --> 28:37.000]  So I set them all up for doing exactly the same things.
[28:37.000 --> 28:45.000]  And then I get to go in and say, look, these aren't all bad guys, but they're all committing the same crimes.
[28:45.000 --> 28:49.000]  There's something more endemic wrong here.
[28:49.000 --> 28:52.000]  We need to do something to fix this.
[28:52.000 --> 29:00.000]  Now, granted, when this public official committed this act, that bell had been rung.
[29:00.000 --> 29:03.000]  And he can't unring it.
[29:03.000 --> 29:07.000]  Just because I don't want him indicted doesn't mean he shouldn't be indicted.
[29:07.000 --> 29:08.000]  That's true.
[29:08.000 --> 29:14.000]  But the problem is greater than just one or two public officials not filing law.
[29:14.000 --> 29:18.000]  I know some judges who really want to be good judges.
[29:18.000 --> 29:22.000]  They feel like they're trapped inside a system they didn't create.
[29:22.000 --> 29:26.000]  I know policemen absolutely hate the system they're in.
[29:26.000 --> 29:30.000]  And we only hear about the bad policemen.
[29:30.000 --> 29:36.000]  We seldom ever hear about the 95 percent who are really good policemen who want to do the right thing.
[29:36.000 --> 29:45.000]  Sometimes I feel bad about seeming always to be against these guys when we really just try to fix things.
[29:45.000 --> 29:46.000]  Hang on.
[29:46.000 --> 29:48.000]  Suck it up.
[29:48.000 --> 29:50.000]  We've got a bunch of callers today.
[29:50.000 --> 29:51.000]  Hang on, Gary.
[29:51.000 --> 30:01.000]  We'll be right back on the other side.
[30:01.000 --> 30:08.000]  When their plane touched down in America, two British tourists were greeted by the feds, handcuffed, jailed and deported.
[30:08.000 --> 30:09.000]  Their crime?
[30:09.000 --> 30:10.000]  I'll give you a hint.
[30:10.000 --> 30:11.000]  It had to do with Twitter.
[30:11.000 --> 30:15.000]  I'm Dr. Catherine Albrecht, and I'll have the not-so-funny details in a moment.
[30:15.000 --> 30:17.000]  Privacy is under attack.
[30:17.000 --> 30:21.000]  When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:27.000]  So protect your rights.
[30:27.000 --> 30:31.000]  Say no to surveillance and keep your information to yourself.
[30:31.000 --> 30:32.000]  Privacy.
[30:32.000 --> 30:34.000]  It's worth hanging on to.
[30:34.000 --> 30:41.000]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing.
[30:41.000 --> 30:44.000]  Start over with StartPage.
[30:44.000 --> 30:48.000]  Here's a tip for anyone planning to visit us here in the land of liberty.
[30:48.000 --> 30:50.000]  Don't wisecrack about America on the web.
[30:50.000 --> 30:52.000]  Big Brother won't be amused.
[30:52.000 --> 30:58.000]  Lee Van Brian and Emily Bunting of Great Britain learned this recently at Los Angeles International Airport,
[30:58.000 --> 31:03.000]  where they were stripped of their passports, interrogated, handcuffed and hauled off to jail.
[31:03.000 --> 31:05.000]  Why the warm welcome?
[31:05.000 --> 31:09.000]  Well, before the trip, Lee had joked on Twitter that he wanted to destroy America.
[31:09.000 --> 31:15.000]  British slang for party it up and dig up Marilyn Monroe's grave on Hollywood Boulevard.
[31:15.000 --> 31:18.000]  Humor apparently is no defense with Homeland Security.
[31:18.000 --> 31:23.000]  After spending 12 hours detained alongside drug dealers, the Brits were deported.
[31:23.000 --> 31:31.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:31.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:38.000]  The government says that fire brought it down.
[31:38.000 --> 31:43.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[31:43.000 --> 31:46.000]  Over 6,000 of my fellow service members have given their lives.
[31:46.000 --> 31:49.000]  Thousands of my fellow first responders are dying.
[31:49.000 --> 31:50.000]  I'm not a conspiracy theorist.
[31:50.000 --> 31:51.000]  I'm a structural engineer.
[31:51.000 --> 31:53.000]  I'm a New York City correction officer.
[31:53.000 --> 31:54.000]  I'm an Air Force pilot.
[31:54.000 --> 31:55.000]  I'm a father who lost his son.
[31:55.000 --> 31:58.000]  We're Americans, and we deserve the truth.
[31:58.000 --> 32:01.000]  Go to RememberBuilding7.org today.
[32:01.000 --> 32:05.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.000 --> 32:08.000]  In today's America, we live in an us-against-them society,
[32:08.000 --> 32:10.000]  and if we the people are ever going to have a free society,
[32:10.000 --> 32:13.000]  then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:16.000]  Among those rights are the right to travel freely from place to place,
[32:16.000 --> 32:18.000]  the right to act in our own private capacity,
[32:18.000 --> 32:20.000]  and most importantly, the right to due process of law.
[32:20.000 --> 32:24.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce
[32:24.000 --> 32:26.000]  and preserve our rights through due process.
[32:26.000 --> 32:29.000]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[32:29.000 --> 32:31.000]  has put together the most comprehensive teaching tool available
[32:31.000 --> 32:35.000]  that will help you understand what due process is and how to hold courts
[32:35.000 --> 32:36.000]  to the rule of law.
[32:36.000 --> 32:38.000]  You can get your own copy of this invaluable material
[32:38.000 --> 32:41.000]  by going to ruleoflawradio.com and ordering your copy today.
[32:41.000 --> 32:43.000]  By ordering now, you'll receive a copy of Eddie's book,
[32:43.000 --> 32:46.000]  The Texas Transportation Code, The Law Versus the Lie,
[32:46.000 --> 32:48.000]  video and audio of the original 2009 seminar,
[32:48.000 --> 32:51.000]  hundreds of research documents, and other useful resource material.
[32:51.000 --> 32:53.000]  Learn how to fight for your rights with the help of this material
[32:53.000 --> 32:55.000]  from ruleoflawradio.com.
[32:55.000 --> 32:58.000]  Order your copy today, and together we can have the free society
[32:58.000 --> 33:01.000]  we all want and deserve.
[33:28.000 --> 33:33.000]  The Texas Transportation Code
[33:58.000 --> 34:00.000]  Okay, we are back.
[34:00.000 --> 34:03.000]  Randy Kelton, Steve Skidmore, Rule of Law Radio,
[34:03.000 --> 34:07.000]  and we're talking to Gary in Texas.
[34:07.000 --> 34:08.000]  Okay.
[34:08.000 --> 34:10.000]  Hey, Randy, you know, I was thinking on the break
[34:10.000 --> 34:13.000]  that I know other callers have real important issues
[34:13.000 --> 34:15.000]  and I've been on for two segments.
[34:15.000 --> 34:17.000]  Why don't I just sign off and let these other guys
[34:17.000 --> 34:20.000]  get their business handled with you, and I'll just keep listening.
[34:20.000 --> 34:24.000]  And thank you for the time and the encouragement and the instruction.
[34:24.000 --> 34:26.000]  I really appreciate it.
[34:26.000 --> 34:27.000]  Thank you, Gary.
[34:27.000 --> 34:29.000]  Gary, thank you for calling in tonight.
[34:29.000 --> 34:30.000]  You bet.
[34:30.000 --> 34:31.000]  You all have a great night.
[34:31.000 --> 34:32.000]  You too.
[34:32.000 --> 34:37.000]  Okay, we're going to Kenny in Mississippi.
[34:37.000 --> 34:38.000]  Hello, Kenny.
[34:38.000 --> 34:43.000]  I understand you are a first-time caller.
[34:43.000 --> 34:44.000]  Hello.
[34:44.000 --> 34:45.000]  Kenny, there you go.
[34:45.000 --> 34:46.000]  Randy.
[34:46.000 --> 34:49.000]  Yeah, I'm actually from Michigan, but that's all right.
[34:49.000 --> 34:51.000]  Oh, Michigan, not Mississippi.
[34:51.000 --> 34:54.000]  So you don't talk with that...
[34:54.000 --> 34:57.000]  I can understand hillbilly and I can understand Yankee,
[34:57.000 --> 34:58.000]  so we're okay.
[34:58.000 --> 35:00.000]  I speak both those dialects.
[35:00.000 --> 35:03.000]  Well, I lived in Tennessee and I lived in Michigan,
[35:03.000 --> 35:05.000]  so I can give you both.
[35:05.000 --> 35:10.000]  I was born in Tennessee and grew up in Chicago.
[35:10.000 --> 35:12.000]  So I speak your foreign dialect.
[35:12.000 --> 35:14.000]  And then you moved to Texas.
[35:14.000 --> 35:16.000]  I learned to speak English.
[35:16.000 --> 35:21.000]  Anybody who doesn't have a Texas accent is a foreigner.
[35:21.000 --> 35:27.000]  So we should get along just fine.
[35:27.000 --> 35:30.000]  Okay, what do you have for us tonight?
[35:30.000 --> 35:34.000]  Well, I'm a first-time caller here.
[35:34.000 --> 35:37.000]  My friend Terry and Jeff...
[35:37.000 --> 35:38.000]  That's okay.
[35:38.000 --> 35:41.000]  We'll be gentle.
[35:41.000 --> 35:45.000]  Maybe I like it rough.
[35:45.000 --> 35:47.000]  This is getting way too deep.
[35:47.000 --> 35:48.000]  I'm sorry.
[35:48.000 --> 35:52.000]  Go ahead.
[35:52.000 --> 35:58.000]  I had gotten a ticket from a sheriff several months ago
[35:58.000 --> 36:04.000]  for an expired plate on my vehicle, on my car.
[36:04.000 --> 36:07.000]  I had taken that to pretrial,
[36:07.000 --> 36:12.000]  and I challenged the court's jurisdiction on it.
[36:12.000 --> 36:17.000]  And before anything happened, going to trial over it,
[36:17.000 --> 36:22.000]  I got a letter in the mail dismissing the case.
[36:22.000 --> 36:25.000]  You may be like...
[36:25.000 --> 36:29.000]  They may be like the cop who stopped me in Austin.
[36:29.000 --> 36:32.000]  And Gary, who we were just talking to,
[36:32.000 --> 36:35.000]  he's the one I got this from.
[36:35.000 --> 36:39.000]  The cop stopped me and asked me for proof of insurance
[36:39.000 --> 36:43.000]  and asked for ID for some reason.
[36:43.000 --> 36:46.000]  It just came out of his mouth, so I handed in my Texas ID.
[36:46.000 --> 36:50.000]  It looks exactly like my Texas driver's license,
[36:50.000 --> 36:56.000]  except where the number is, it has ID instead of DL.
[36:56.000 --> 36:58.000]  And he went back to his car and he came back
[36:58.000 --> 37:02.000]  and he said, well, Mr. Kelton, this is a Texas ID.
[37:02.000 --> 37:04.000]  I said, well, yes, it is.
[37:04.000 --> 37:09.000]  He said, do you have a driver's license?
[37:09.000 --> 37:15.000]  I said, yes, I do, but I'm not using it right now.
[37:15.000 --> 37:18.000]  And he stepped back and looked at me and he said,
[37:18.000 --> 37:21.000]  Mr. Kelton, are you one of those guys?
[37:21.000 --> 37:23.000]  And I said, yes, I am.
[37:23.000 --> 37:26.000]  Here, have a nice day.
[37:26.000 --> 37:30.000]  He had been in that fight and he didn't want to have another one.
[37:30.000 --> 37:34.000]  And that's probably what you got.
[37:34.000 --> 37:36.000]  Okay.
[37:36.000 --> 37:39.000]  We get a lot of these guys, the patriot guys,
[37:39.000 --> 37:42.000]  that preach this patriot mythology.
[37:42.000 --> 37:45.000]  And they go out there and do something
[37:45.000 --> 37:47.000]  and they get a positive result.
[37:47.000 --> 37:50.000]  And then they start waving it around in front of everybody
[37:50.000 --> 37:52.000]  like it's a magic bullet.
[37:52.000 --> 37:59.000]  We had guys for a while pushing this for the IRS, the 1099 OID.
[37:59.000 --> 38:01.000]  That's a nightmare.
[38:01.000 --> 38:05.000]  Yeah, you file the OID and they'll give you all your money back.
[38:05.000 --> 38:10.000]  And I told them, you know, if something doesn't sound right,
[38:10.000 --> 38:12.000]  it's probably not.
[38:12.000 --> 38:15.000]  So I'm going to avoid that.
[38:15.000 --> 38:18.000]  They will give you your money back,
[38:18.000 --> 38:20.000]  but it goes through a computerized system.
[38:20.000 --> 38:24.000]  As soon as a human being goes back and audits the computer system,
[38:24.000 --> 38:28.000]  somebody's appendages are in the proverbial ringer.
[38:28.000 --> 38:32.000]  They had designed this for something specific.
[38:32.000 --> 38:36.000]  And somebody figured out how to get into that,
[38:36.000 --> 38:39.000]  how to use that in a way it wasn't designed for.
[38:39.000 --> 38:42.000]  And it took them a while to figure out what was going on.
[38:42.000 --> 38:44.000]  And once they figured it out,
[38:44.000 --> 38:47.000]  they came back and landed on these folks like a ton of bricks.
[38:47.000 --> 38:49.000]  Karen Tappert.
[38:49.000 --> 38:53.000]  Karen Tappert, I think, is in the middle of doing nine years
[38:53.000 --> 38:59.000]  for mail fraud and wire fraud for the 1099 OID scam.
[38:59.000 --> 39:03.000]  So, you know, you're filing a challenge to subject matter jurisdiction.
[39:03.000 --> 39:05.000]  The last one I did,
[39:05.000 --> 39:08.000]  a challenge to subject matter jurisdiction got thrown out.
[39:08.000 --> 39:15.000]  But what I was going to go to was, what was your claim?
[39:15.000 --> 39:20.000]  How did you claim that the court did not have subject matter jurisdiction?
[39:20.000 --> 39:27.000]  The first time that I did this, I was still pretty new at it.
[39:27.000 --> 39:31.000]  So I did a file for subject matter jurisdiction.
[39:31.000 --> 39:35.000]  I asked for a subject matter jurisdiction during my pretrial.
[39:35.000 --> 39:38.000]  And then I also brought out, you know,
[39:38.000 --> 39:44.000]  U.S. Supreme Court rulings on the right to travel versus drive
[39:44.000 --> 39:46.000]  and all that good stuff.
[39:46.000 --> 39:49.000]  She still set it for trial.
[39:49.000 --> 39:56.000]  But before I got a trial letter, I got a letter of dismissal.
[39:56.000 --> 39:57.000]  Okay.
[39:57.000 --> 40:03.000]  That's a good sign because, you know, everything's political.
[40:03.000 --> 40:06.000]  You will not win your case simply because you have the law
[40:06.000 --> 40:08.000]  and your facts on your side.
[40:08.000 --> 40:10.000]  To think so is naive.
[40:10.000 --> 40:12.000]  It is not that way now.
[40:12.000 --> 40:15.000]  Never, ever has been that way.
[40:15.000 --> 40:18.000]  It's probably better now than it's ever been.
[40:18.000 --> 40:20.000]  But it's still political.
[40:20.000 --> 40:23.000]  You will only win your case if you have the politics on your side,
[40:23.000 --> 40:26.000]  and all politics is local.
[40:26.000 --> 40:32.000]  You went in there and filed a document similar to something they had seen before.
[40:32.000 --> 40:39.000]  And what they probably said was, oh, man, we've got another one of these guys.
[40:39.000 --> 40:45.000]  He's going to jerk us around for the next six months just to get this out of here.
[40:45.000 --> 40:47.000]  Easier targets.
[40:47.000 --> 40:49.000]  Just take an easier target.
[40:49.000 --> 40:53.000]  And I bet that's what you got, but it worked.
[40:53.000 --> 40:54.000]  Right.
[40:54.000 --> 40:59.000]  Well, the thing is, I did not file it.
[40:59.000 --> 41:03.000]  I filed nothing when I went into the court.
[41:03.000 --> 41:06.000]  I didn't file nothing after pretrial.
[41:06.000 --> 41:12.000]  So you just handed this to the municipal attorney?
[41:12.000 --> 41:13.000]  No.
[41:13.000 --> 41:16.000]  Or did you verbally raise subject matter?
[41:16.000 --> 41:17.000]  Right.
[41:17.000 --> 41:20.000]  I was verbal about it with the prosecuting attorney.
[41:20.000 --> 41:21.000]  Okay.
[41:21.000 --> 41:24.000]  He probably recognized these arguments.
[41:24.000 --> 41:25.000]  Yeah.
[41:25.000 --> 41:26.000]  Okay.
[41:26.000 --> 41:30.000]  The first guy that did it to him, he probably fought him tooth and nail.
[41:30.000 --> 41:34.000]  And when he got done and he won the case in the end, he said,
[41:34.000 --> 41:39.000]  I don't ever want to do that garbage again.
[41:39.000 --> 41:41.000]  And that's probably how you beat it.
[41:41.000 --> 41:43.000]  And you probably need to.
[41:43.000 --> 41:44.000]  Okay.
[41:44.000 --> 41:45.000]  I've got to cut you off.
[41:45.000 --> 41:47.000]  Did you have a specific question?
[41:47.000 --> 41:48.000]  I do.
[41:48.000 --> 41:54.000]  What this brings me to why I've called is that I have received another ticket,
[41:54.000 --> 41:59.000]  alleged ticket, I'll say, pretty much for the same thing.
[41:59.000 --> 42:02.000]  The first ticket was for an expired plate.
[42:02.000 --> 42:08.000]  This one is for no plate and allowed to exhaust.
[42:08.000 --> 42:14.000]  I went to my pretrial yesterday, and yet again,
[42:14.000 --> 42:21.000]  I asked verbally the prosecuting attorney if she could divulge subject matter
[42:21.000 --> 42:23.000]  jurisdiction and she refused.
[42:23.000 --> 42:27.000]  She says, you will find that out during your trial.
[42:27.000 --> 42:35.000]  And I said, from what I understand, a prosecuting attorney has first blood.
[42:35.000 --> 42:41.000]  So I am asking you to prove that you have jurisdiction to even move this
[42:41.000 --> 42:43.000]  into trial.
[42:43.000 --> 42:45.000]  And she wouldn't do it.
[42:45.000 --> 42:47.000]  She says, we let you go last time.
[42:47.000 --> 42:50.000]  This time, we're just going to take care of business is pretty much what she
[42:50.000 --> 42:52.000]  was getting at.
[42:52.000 --> 43:00.000]  So this time, I'm having a hard time trying to figure out how to file for
[43:00.000 --> 43:05.000]  subject matter jurisdiction that will make it legal and get it into the
[43:05.000 --> 43:07.000]  records.
[43:07.000 --> 43:12.000]  It takes a pleading, a plea to the jurisdiction.
[43:12.000 --> 43:13.000]  Yes.
[43:13.000 --> 43:15.000]  This is not a motion.
[43:15.000 --> 43:20.000]  It's a pleading, but this is really not the best show for that.
[43:20.000 --> 43:25.000]  Eddie Craig does a Monday night show on traffic.
[43:25.000 --> 43:31.000]  And I generally defer to him on the traffic stuff because no matter what I
[43:31.000 --> 43:34.000]  say, I always get it wrong.
[43:34.000 --> 43:37.000]  And he specializes in traffic.
[43:37.000 --> 43:41.000]  You should call it Monday night set at 8 Central.
[43:41.000 --> 43:42.000]  Okay.
[43:42.000 --> 43:44.000]  And get Eddie's show.
[43:44.000 --> 43:48.000]  He can give you lots of stuff to do.
[43:48.000 --> 43:50.000]  All right.
[43:50.000 --> 43:51.000]  Okay.
[43:51.000 --> 43:52.000]  Thank you.
[43:52.000 --> 43:53.000]  I'm sorry.
[43:53.000 --> 43:54.000]  I'm not the best one for that.
[43:54.000 --> 43:55.000]  Okay.
[43:55.000 --> 43:56.000]  Hang on.
[43:56.000 --> 43:58.000]  This is Randy Kelton, Debbie Stevens, Wheelbar Radio.
[43:58.000 --> 44:03.000]  We'll be right back.
[44:03.000 --> 44:04.000]  Hello.
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[46:01.000 --> 46:29.000] ...
[46:29.000 --> 46:32.000]  This kid, we are back, Randy Kelton.
[46:32.000 --> 46:37.000]  Not Deborah Stevens, and I apologize for being a bad guy.
[46:37.000 --> 46:40.000]  She is not near as ugly.
[46:40.000 --> 46:42.000]  I mean, I missed her.
[46:42.000 --> 46:44.000]  Stop while you're ahead, Randy.
[46:44.000 --> 46:46.000]  I'm going to leave this alone.
[46:46.000 --> 46:47.000]  You better.
[46:47.000 --> 46:53.000]  But I just want to tell everybody that Steve, absolutely, has a face made
[46:53.000 --> 46:54.000]  for radio.
[46:54.000 --> 46:55.000]  I do.
[46:55.000 --> 46:58.000]  But my wife loves me in spite of it.
[46:58.000 --> 47:00.000]  It's what she says anyway.
[47:00.000 --> 47:01.000]  Okay.
[47:01.000 --> 47:04.000]  Kenny, and I didn't mean to cut you off.
[47:04.000 --> 47:08.000]  There's a whole bunch I could tell you about traffic, but Eddie's much
[47:08.000 --> 47:10.000]  better at it.
[47:10.000 --> 47:16.000]  Well, Mike, because I had heard you talk last night about subject matter
[47:16.000 --> 47:17.000]  jurisdiction.
[47:17.000 --> 47:19.000]  I understand the traffic part.
[47:19.000 --> 47:24.000]  I'm actually having problems on trying how to figure out what to file with
[47:24.000 --> 47:25.000]  the courts.
[47:25.000 --> 47:28.000]  Okay.
[47:28.000 --> 47:29.000]  That I can help you with.
[47:29.000 --> 47:35.000]  Generally, when I go after subject matter jurisdiction, I go after the
[47:35.000 --> 47:42.000]  agency standing or capacity of the person making the claim.
[47:42.000 --> 47:46.000]  But since this is traffic, now you have the prosecutor and attorney making
[47:46.000 --> 47:47.000]  the claim.
[47:47.000 --> 47:54.000]  Now, I'm not so familiar with Michigan law in this matter, but in Texas, in
[47:54.000 --> 47:59.000]  order, we have police officers and we have peace officers.
[47:59.000 --> 48:05.000]  And peace officers, most police officers are peace officers.
[48:05.000 --> 48:08.000]  Peace officers enforce the criminal laws.
[48:08.000 --> 48:12.000]  Police officers enforce the traffic code.
[48:12.000 --> 48:18.000]  And in order to enforce the traffic code, there are certain trainings and
[48:18.000 --> 48:21.000]  certifications you have to have.
[48:21.000 --> 48:28.000]  The last time I went to court on a ticket up here in Asel, I put in an
[48:28.000 --> 48:33.000]  information request for all of the certifications for all of the officers,
[48:33.000 --> 48:38.000]  authorizing them to enforce the traffic code.
[48:38.000 --> 48:44.000]  And when I handed it to the clerk, she read it and she said, this is kind of
[48:44.000 --> 48:45.000]  vague.
[48:45.000 --> 48:46.000]  Can you be more specific?
[48:46.000 --> 48:48.000]  I said, yes, ma'am, I can.
[48:48.000 --> 48:54.000]  I want exactly what that says.
[48:54.000 --> 48:58.000]  And she looked at me like she wanted to get one of the police officers to
[48:58.000 --> 49:01.000]  beat me into unconsciousness.
[49:01.000 --> 49:05.000]  But when I went to court, I filed a challenge such matter of jurisdiction
[49:05.000 --> 49:13.000]  claiming that I have requested from the city evidence of authority of the
[49:13.000 --> 49:20.000]  officer who wrote the citation to enforce the traffic code.
[49:20.000 --> 49:27.000]  I did not receive a responsive answer from the city in violation of 552
[49:27.000 --> 49:33.000]  government code, in as much as the city violated the law by failing to
[49:33.000 --> 49:38.000]  provide me with the evidence supporting the officer's authority to enforce
[49:38.000 --> 49:39.000]  the traffic code.
[49:39.000 --> 49:43.000]  I therefore have reason to believe and do believe that that officer does not
[49:43.000 --> 49:51.000]  have authority and has not met the statutory requirements for enforcing the
[49:51.000 --> 49:52.000]  traffic code.
[49:52.000 --> 49:56.000]  Well, in fact, I knew that he could not because the city of Asel, according
[49:56.000 --> 50:03.000]  to the administrative code, cannot enforce the traffic code at all.
[50:03.000 --> 50:09.000]  It has to be the city of, I forget, 30,000, and there's a whole bunch of
[50:09.000 --> 50:10.000]  requirements.
[50:10.000 --> 50:14.000]  And they didn't fall within, so they couldn't.
[50:14.000 --> 50:16.000]  But nobody really enforces that.
[50:16.000 --> 50:18.000]  They act like they can enforce the traffic code.
[50:18.000 --> 50:20.000]  There's nobody challenging them.
[50:20.000 --> 50:27.000]  And what it turned out to be is I talked to the prosecutor and, well, he said,
[50:27.000 --> 50:28.000]  well, we're not going to drop this.
[50:28.000 --> 50:29.000]  I said, I hope you don't.
[50:29.000 --> 50:32.000]  This is great practice for me.
[50:32.000 --> 50:34.000]  I said, just take it.
[50:34.000 --> 50:35.000]  Big deal.
[50:35.000 --> 50:37.000]  I don't care about this ticket.
[50:37.000 --> 50:39.000]  Heck, you're going to give me a ticket.
[50:39.000 --> 50:40.000]  I'm going to appeal it.
[50:40.000 --> 50:42.000]  I'm going to have great fun with this thing.
[50:42.000 --> 50:48.000]  And the traffic issue, that's not my fight, but it's been something that I
[50:48.000 --> 50:49.000]  wanted to take on.
[50:49.000 --> 50:51.000]  I just wasn't ready to yet.
[50:51.000 --> 50:55.000]  But since you guys are going to kick this soap box up under my feet, well,
[50:55.000 --> 50:57.000]  I'm prepared to jump right up on top of it.
[50:57.000 --> 50:58.000]  We'll have a great time.
[50:58.000 --> 51:03.000]  When we got into court, the judge asked if the state was ready.
[51:03.000 --> 51:04.000]  No, Your Honor, we're not ready.
[51:04.000 --> 51:06.000]  And he dismissed him.
[51:06.000 --> 51:11.000]  It was all about him not wanting to have to go through all this nonsense.
[51:11.000 --> 51:20.000]  And, well, the first time I was there, I asked the judge to hold an
[51:20.000 --> 51:22.000]  examining trial, and he refused.
[51:22.000 --> 51:26.000]  So I asked the judge to get a bailiff in here to arrest him.
[51:26.000 --> 51:30.000]  And he said, no, Mr. Kelton, I'm not going to get a judge in here to arrest me.
[51:30.000 --> 51:32.000]  I mean, bailiffs to arrest me.
[51:32.000 --> 51:35.000]  I said, well, then get the prosecutor to do it.
[51:35.000 --> 51:40.000]  No, no, I'm not going to have the prosecutor arrest me.
[51:40.000 --> 51:44.000]  But I had met the judge before, and I knew he was.
[51:44.000 --> 51:48.000]  When I walked up to the bench, I said, Your Honor, I remember a judge deadman
[51:48.000 --> 51:53.000]  here in Asel, but I don't remember him having quite that much gray hair.
[51:53.000 --> 51:57.000]  And he looked at me and he said, yes, Mr. Kelton, I don't remember you having
[51:57.000 --> 51:59.000]  quite as big a belly as that.
[51:59.000 --> 52:02.000]  Well, touche.
[52:02.000 --> 52:08.000]  So just so you know, I knew I could kind of press him a little bit without
[52:08.000 --> 52:10.000]  him losing his composure.
[52:10.000 --> 52:16.000]  And he didn't handle himself very well, but in the end, they knew I was going
[52:16.000 --> 52:18.000]  to give them a really good fight.
[52:18.000 --> 52:22.000]  And they knew that I didn't care what the outcome was, so they weren't going
[52:22.000 --> 52:25.000]  to give me to do something foolish.
[52:25.000 --> 52:30.000]  They weren't going to wear me down, that I was ready for this fight, and they
[52:30.000 --> 52:31.000]  just didn't want to have it.
[52:31.000 --> 52:33.000]  And if you're going to beat this ticket, that's probably how you're going to
[52:33.000 --> 52:34.000]  beat it.
[52:34.000 --> 52:36.000]  But challenge your standing.
[52:36.000 --> 52:40.000]  Look at the code that authorizes them to enforce.
[52:40.000 --> 52:47.000]  Look at the code that authorizes them to write the citation and release you on
[52:47.000 --> 52:49.000]  your signature.
[52:49.000 --> 52:55.000]  In Texas, they can release you on your signature, but on your signature, you
[52:55.000 --> 52:59.000]  agree not to appear before the trial court.
[52:59.000 --> 53:08.000]  You agree to appear before some magistrate, because the way jurisdiction
[53:08.000 --> 53:16.000]  works, the trial court cannot assume jurisdiction until a magistrate has
[53:16.000 --> 53:23.000]  performed an examining trial and issued an order under 16.13, Texas Code of
[53:23.000 --> 53:28.000]  Criminal Procedure, showing whether or not he found probable cause.
[53:28.000 --> 53:34.000]  Then he's to seal all documents had in the hearing, cause his name to be
[53:34.000 --> 53:38.000]  written across the seal of the envelope under 1730, and forward it to the
[53:38.000 --> 53:40.000]  clerk of the court of jurisdiction.
[53:40.000 --> 53:45.000]  And that's how jurisdiction comes from the magistrate to the trial court.
[53:45.000 --> 53:47.000]  At least that's how it's supposed to.
[53:47.000 --> 53:49.000]  They don't really do it that way.
[53:49.000 --> 53:54.000]  You probably have something similar in Michigan.
[53:54.000 --> 53:59.000]  If you went before them and they acted like they wanted to take a plea, that's
[53:59.000 --> 54:02.000]  not an examining trial, that's an arraignment.
[54:02.000 --> 54:06.000]  Arraignments are here for the purpose of establishing the identity of the
[54:06.000 --> 54:08.000]  accused and taking a plea.
[54:08.000 --> 54:16.000]  That's the first thing a court of jurisdiction will do, is an arraignment.
[54:16.000 --> 54:21.000]  But before that court can get jurisdiction, even if it's the same court,
[54:21.000 --> 54:26.000]  there has to be an examining trial and a finding of probable cause made.
[54:26.000 --> 54:31.000]  Now, they don't do that, but that pretty well follows the federal law.
[54:31.000 --> 54:37.000]  Every state I've looked at has the same statutory requirements.
[54:37.000 --> 54:42.000]  They just don't do it, and they don't do it because we let them not do it.
[54:42.000 --> 54:45.000]  Okay, those are some tools.
[54:45.000 --> 54:50.000]  You need to show that either they didn't have authority to do this or that at
[54:50.000 --> 54:57.000]  some point in the process they violated a law relating to their office and
[54:57.000 --> 55:02.000]  that would disqualify them, so they come to the court without clean hands.
[55:02.000 --> 55:06.000]  Did that answer your question?
[55:06.000 --> 55:16.000]  I can't get a whole lot more specific because I don't know Michigan law.
[55:16.000 --> 55:17.000]  Still there, Kenny?
[55:17.000 --> 55:19.000]  I think he just dropped off.
[55:19.000 --> 55:20.000]  I think he did.
[55:20.000 --> 55:22.000]  Okay, lost Kenny.
[55:22.000 --> 55:24.000]  You want to go to the next caller?
[55:24.000 --> 55:27.000]  Yeah, I probably put him to sleep and he dropped the phone.
[55:27.000 --> 55:30.000]  Okay.
[55:30.000 --> 55:32.000]  Okay, Steve, this is someone you know.
[55:32.000 --> 55:38.000]  Yes, and I had mentioned earlier that there are some good attorneys out here,
[55:38.000 --> 55:40.000]  and I've hired one.
[55:40.000 --> 55:41.000]  His name is Jeff Kelly.
[55:41.000 --> 55:45.000]  Jeff, are you with us?
[55:45.000 --> 55:46.000]  Hello, Jeff.
[55:46.000 --> 55:47.000]  Hello.
[55:47.000 --> 55:52.000]  There he is.
[55:52.000 --> 55:53.000]  You with us?
[55:53.000 --> 55:54.000]  Yes, sir.
[55:54.000 --> 55:55.000]  Good evening, gentlemen.
[55:55.000 --> 55:56.000]  How are you all?
[55:56.000 --> 55:57.000]  Good evening, Jeff.
[55:57.000 --> 55:59.000]  Glad you called in tonight.
[55:59.000 --> 56:07.000]  Jeff, I have heard a lot about you, but I don't believe most of that,
[56:07.000 --> 56:12.000]  and I would never repeat it in black companies.
[56:12.000 --> 56:14.000]  Well, Randy, it's good to talk to you.
[56:14.000 --> 56:21.000]  I've made a couple of efforts to reach out to you to invite you to lunch so that we could talk.
[56:21.000 --> 56:27.000]  I haven't gotten those because I tried to get a hold of you a couple of times as well.
[56:27.000 --> 56:30.000]  I've got something I definitely want you to look at.
[56:30.000 --> 56:31.000]  I'd like that.
[56:31.000 --> 56:32.000]  I'd like that.
[56:32.000 --> 56:34.000]  Let's do that.
[56:34.000 --> 56:36.000]  I can facilitate that.
[56:36.000 --> 56:37.000]  Well, I'd appreciate that.
[56:37.000 --> 56:44.000]  So, gentlemen, the reason I called is Steve sent me a text, and I just want to be part of this.
[56:44.000 --> 56:53.000]  I appreciate the mention, and however I can facilitate the program, I'd like to help.
[56:53.000 --> 56:58.000]  Well, I'd mentioned earlier that you and I went in front of Judge Covington
[56:58.000 --> 57:03.000]  and got a very favorable response from the court.
[57:03.000 --> 57:08.000]  You'd also said that she had done something unprecedented,
[57:08.000 --> 57:12.000]  that is that she accepted a bond in the amount of $200,
[57:12.000 --> 57:16.000]  and she usually accepts nothing less than $1,000.
[57:16.000 --> 57:24.000]  This, I think, speaks very strongly for our case.
[57:24.000 --> 57:29.000]  I think you handled the whole thing very well.
[57:29.000 --> 57:32.000]  Kudos to you on that.
[57:32.000 --> 57:36.000]  But I actually sent you that text by mistake.
[57:36.000 --> 57:40.000]  I was texting someone else and it wasn't going through my call history,
[57:40.000 --> 57:48.000]  but you said that you'd call in, so you have the floor.
[57:48.000 --> 57:56.000]  Randy, despite what you traditionally say, there are some lawyers that are a part of the cause,
[57:56.000 --> 58:00.000]  and my firm happens to be one of those.
[58:00.000 --> 58:03.000]  Steve and I have been working together for a number of years,
[58:03.000 --> 58:12.000]  and what happened in front of Judge Covington to me was very reassuring that there may be a window of hope there
[58:12.000 --> 58:19.000]  that some of these judges are actually starting to see the light and understand what we're arguing.
[58:19.000 --> 58:21.000]  I agree.
[58:21.000 --> 58:25.000]  Okay, hang on. We're about to go to break.
[58:25.000 --> 58:29.000]  When we come back, I am really glad that you called in
[58:29.000 --> 58:38.000]  because I really don't like saying lawyers suck because I know that's not right.
[58:38.000 --> 58:45.000]  I especially want a lawyer on that sounds like a human being, so we're not all afraid of lawyers.
[58:45.000 --> 58:50.000]  Hang on. We'll be right back on the other side.
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[59:11.000 --> 59:13.000]  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.
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[59:24.000 --> 59:27.000]  growing in Christ, and how to build up the church.
[59:27.000 --> 59:33.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.000 --> 59:40.000]  call Bibles for America toll free at 888-551-0102.
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[59:50.000 --> 01:00:03.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.000 --> 01:00:07.000]  This is the Liberty Beat, your daily source for Liberty News and activist updates,
[01:00:07.000 --> 01:00:10.000]  online at thelibertybeat.com.
[01:00:10.000 --> 01:00:14.000]  I'm Brian Hagan with your Liberty Beat for Friday, March 21, 2014.
[01:00:14.000 --> 01:00:17.000]  Gold opens today at $1,322.
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[01:00:52.000 --> 01:00:56.000]  In the news, on Wednesday, the NSA's top lawyer told a panel
[01:00:56.000 --> 01:00:59.000]  that the biggest Internet companies are falsely denying their involvement
[01:00:59.000 --> 01:01:01.000]  in the NSA's PRISM program.
[01:01:01.000 --> 01:01:05.000]  When asked by Privacy and Civil Liberties Oversight Board member James Dempsey
[01:01:05.000 --> 01:01:08.000]  whether or not the company's new data was being gathered,
[01:01:08.000 --> 01:01:12.000]  NSA General Counsel Rajesh Day responded, quote,
[01:01:12.000 --> 01:01:16.000]  they would have received legal process in order to assist the government.
[01:01:16.000 --> 01:01:19.000]  Now, the companies deny prior knowledge of the programs.
[01:01:19.000 --> 01:01:22.000]  On Friday, President Obama is hosting a meeting with Internet executives
[01:01:22.000 --> 01:01:25.000]  to discuss the future of NSA reform.
[01:01:25.000 --> 01:01:30.000]  Political reports that executives of Facebook, Google and Yahoo have been invited.
[01:01:30.000 --> 01:01:34.000]  Well, Google hopes to put an end to the NSA spying on its e-mail customers.
[01:01:34.000 --> 01:01:37.000]  The tech company has begun using enhanced encryption technology
[01:01:37.000 --> 01:01:39.000]  for its e-mail service,
[01:01:39.000 --> 01:01:42.000]  saying in a statement that the change means no one can listen in on messages
[01:01:42.000 --> 01:01:46.000]  as they go back and forth between the user and e-mail servers.
[01:01:46.000 --> 01:01:51.000]  The statement says the encryption will be in place no matter where or how e-mail is sent,
[01:01:51.000 --> 01:01:55.000]  including the use of public Wi-Fi.
[01:01:55.000 --> 01:01:58.000]  On Thursday night, the Turkish government blocked access to Twitter
[01:01:58.000 --> 01:02:02.000]  after leaked phone conversations and documents related to government officials
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[01:02:05.000 --> 01:02:07.000]  The prime minister declared indifference
[01:02:07.000 --> 01:02:10.000]  towards the international community's reaction to the censorship.
[01:02:10.000 --> 01:02:13.000]  His critics began releasing leaked phone calls and documents
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[01:02:49.000 --> 01:02:54.000]  This is the Liberty Beat for Friday, March 21, 2014.
[01:02:54.000 --> 01:03:01.000]  Check out the website at thelibertybeat.com.
[01:03:24.000 --> 01:03:53.000]  Okay, we are back. Randy Kelton and Steve Skidmore with our radio.
[01:03:53.000 --> 01:03:56.000]  And we're talking to Jeff in Texas.
[01:03:56.000 --> 01:03:59.000]  Steve, you want to pick this up?
[01:03:59.000 --> 01:04:04.000]  Sure. Jeff in, excuse me.
[01:04:04.000 --> 01:04:10.000]  We were just, we got Jeff up on the guest bridge so we could talk over the break.
[01:04:10.000 --> 01:04:15.000]  But Randy brought up a very good, a very important point.
[01:04:15.000 --> 01:04:20.000]  Not all cops are bad, not all judges are bad, and certainly not all attorneys are bad.
[01:04:20.000 --> 01:04:25.000]  Jeff Kelly is one of those who is a good man.
[01:04:25.000 --> 01:04:30.000]  He's got his client's interests at heart.
[01:04:30.000 --> 01:04:37.000]  And if you don't mind me saying that you do, Jeff is one, if you know your case,
[01:04:37.000 --> 01:04:42.000]  you know your business, and you offer direction in court,
[01:04:42.000 --> 01:04:45.000]  Jeff will take the direction if he agrees with it.
[01:04:45.000 --> 01:04:47.000]  And that's all we can ask for our attorneys.
[01:04:47.000 --> 01:04:53.000]  Now, this puts a burden on the litigant, the represented litigant,
[01:04:53.000 --> 01:04:56.000]  to know his case and to know the law.
[01:04:56.000 --> 01:05:00.000]  And Jeff, my hat's been off to you for a long time.
[01:05:00.000 --> 01:05:06.000]  You know, like you said, you and I have worked together for quite some time,
[01:05:06.000 --> 01:05:12.000]  fed each other information, and I think you know my case just about as well as I do.
[01:05:12.000 --> 01:05:19.000]  But I'm glad to hear that there is a group of attorneys that does get together
[01:05:19.000 --> 01:05:23.000]  and tries to solve this problem that this country faces.
[01:05:23.000 --> 01:05:28.000]  Let's face it, the banks are stealing the wealth from the middle class
[01:05:28.000 --> 01:05:33.000]  and shifting it overseas by all my indications.
[01:05:33.000 --> 01:05:38.000]  If this is not stopped and stopped soon,
[01:05:38.000 --> 01:05:42.000]  it's going to spell out the end of this country as we know it.
[01:05:42.000 --> 01:05:45.000]  And I think that's very close.
[01:05:45.000 --> 01:05:51.000]  And we need attorneys like Jeff and others like him who get it.
[01:05:51.000 --> 01:05:53.000]  They understand the issues.
[01:05:53.000 --> 01:05:58.000]  Jeff, correct me if I'm wrong, you set precedents in Houston court
[01:05:58.000 --> 01:06:01.000]  in the case of Miller v. Homecomings.
[01:06:01.000 --> 01:06:08.000]  This is a very familiar, anybody that's been in the court and challenged any assignments
[01:06:08.000 --> 01:06:14.000]  or pooling and servicing agreements or anything in secondary securities markets.
[01:06:14.000 --> 01:06:24.000]  The default answer from the banks' attorneys is objection, Your Honor.
[01:06:24.000 --> 01:06:29.000]  The defendant or plaintiff, homeowner, was not a party to that transaction,
[01:06:29.000 --> 01:06:31.000]  therefore they cannot raise it in court.
[01:06:31.000 --> 01:06:34.000]  Now, you challenged that and you prevailed.
[01:06:34.000 --> 01:06:38.000]  Can you tell us a little bit more about Miller v. Homecomings?
[01:06:38.000 --> 01:06:39.000]  Love to, love to, Steve.
[01:06:39.000 --> 01:06:42.000]  Yes, and that's exactly what you said.
[01:06:42.000 --> 01:06:43.000]  We have worked together.
[01:06:43.000 --> 01:06:48.000]  But the difference between you and most other clients is you come with ideas.
[01:06:48.000 --> 01:06:51.000]  You come with perspectives.
[01:06:51.000 --> 01:06:54.000]  You're saying, hey, what about this, what about that?
[01:06:54.000 --> 01:06:56.000]  And your points are very well researched.
[01:06:56.000 --> 01:07:04.000]  And that's an attorney's dream because you have to understand how I make my living as I go to court.
[01:07:04.000 --> 01:07:09.000]  So if I have a client that says, hey, what about these six cases?
[01:07:09.000 --> 01:07:11.000]  I think this is going to help us.
[01:07:11.000 --> 01:07:16.000]  That helps me because 90% of my time, 90% of my time is in court.
[01:07:16.000 --> 01:07:17.000]  I'm arguing those cases.
[01:07:17.000 --> 01:07:22.000]  So if you're familiar with an arsenal of new cases,
[01:07:22.000 --> 01:07:25.000]  I'll relate those to your case and I can argue those.
[01:07:25.000 --> 01:07:26.000]  That's perfect.
[01:07:26.000 --> 01:07:28.000]  I mean, that's why I would ask of any client.
[01:07:28.000 --> 01:07:31.000]  But 95% of my clients don't do that.
[01:07:31.000 --> 01:07:37.000]  So understand, and Randy, this is something we talk about off air, this would be huge.
[01:07:37.000 --> 01:07:45.000]  If we could work with this radio station and be able to help educate the masses to do this research
[01:07:45.000 --> 01:07:49.000]  and be able to come to their attorneys and say, look, this is what's important.
[01:07:49.000 --> 01:07:56.000]  But to go specific to your point about Miller, yeah, that's exactly what happened is
[01:07:56.000 --> 01:08:02.000]  we found a specific area of law that hadn't been covered, that hadn't been talked about,
[01:08:02.000 --> 01:08:04.000]  and we started arguing the crap out of it.
[01:08:04.000 --> 01:08:07.000]  And we had great success there.
[01:08:07.000 --> 01:08:14.000]  As far as the Central Texas Group, we meet monthly to try and figure out ways to beat the system.
[01:08:14.000 --> 01:08:17.000]  We joke that it's rule number one.
[01:08:17.000 --> 01:08:23.000]  And rule one means that the government wins, in this case, the banks and everything.
[01:08:23.000 --> 01:08:28.000]  And that's frustrating to us, obviously, because we see that shift too.
[01:08:28.000 --> 01:08:32.000]  We see that how America just keeps shifting away from the middle class.
[01:08:32.000 --> 01:08:35.000]  And so we're trying to fight this every day.
[01:08:35.000 --> 01:08:42.000]  And Randy, I'm sorry, but I really appreciate your show and I listen to it every Friday.
[01:08:42.000 --> 01:08:45.000]  Not all words are bad. Not all words are bad.
[01:08:45.000 --> 01:08:51.000]  It's just there are a number of lawyers that are too into the system so much that that's how they make their money.
[01:08:51.000 --> 01:08:56.000]  And a very good example of that is two weeks ago, I was down in Houston, our case, in federal court.
[01:08:56.000 --> 01:09:01.000]  And this lawyer, awesome, out of the court, told me, hey, man, I promise we're going to work through a client,
[01:09:01.000 --> 01:09:05.000]  a modification, and it's all going to be good.
[01:09:05.000 --> 01:09:08.000]  And then three weeks later, he filed a motion to dismiss.
[01:09:08.000 --> 01:09:09.000]  And I called him out.
[01:09:09.000 --> 01:09:15.000]  And I think for your listeners, at least in Texas or in federal courts, that's what you need to look for,
[01:09:15.000 --> 01:09:19.000]  is an attorney that's not scared to call out the opposing counsel.
[01:09:19.000 --> 01:09:23.000]  I called him out and I told him, I said, in the hallway, we talked about this.
[01:09:23.000 --> 01:09:27.000]  That's what you have to look for.
[01:09:27.000 --> 01:09:36.000]  Well, that's surprising because, you know, I tell the listeners, you have a guy here who goes to law school.
[01:09:36.000 --> 01:09:42.000]  He incurs $180,000, $190,000 student loan.
[01:09:42.000 --> 01:09:46.000]  He gets out and he starts to practice with law.
[01:09:46.000 --> 01:09:49.000]  And he thought he was going to come out here and be very amazing.
[01:09:49.000 --> 01:09:53.000]  He's going to come out here and he's going to save the day for these folks.
[01:09:53.000 --> 01:09:58.000]  And what he finds out he's really going to do is spend most of the rest of his professional career
[01:09:58.000 --> 01:10:04.000]  kissing some arrogant judges behind, or they're going to put him out of business.
[01:10:04.000 --> 01:10:14.000]  Do you really expect a lawyer to come into court and risk the ire of the judge in order to adjudicate your case
[01:10:14.000 --> 01:10:18.000]  and you go home and he gets screwed next week?
[01:10:18.000 --> 01:10:21.000]  I sued Denton County for $11 million.
[01:10:21.000 --> 01:10:26.000]  I sued 23 public officials.
[01:10:26.000 --> 01:10:29.000]  I sued my worst nightmare.
[01:10:29.000 --> 01:10:31.000]  That was a hoot.
[01:10:31.000 --> 01:10:37.000]  Asked me so many times the same thing in the federal court by an assistant judge.
[01:10:37.000 --> 01:10:42.000]  Asked me that because I challenge that judge every single time I'm in front of him.
[01:10:42.000 --> 01:10:46.000]  Every single time I bring an oral argument in front of him, he gives me a hard time.
[01:10:46.000 --> 01:10:51.000]  But you know what? That's what's going to change the system.
[01:10:51.000 --> 01:10:57.000]  You know, I would expect that human beings would like and respect that.
[01:10:57.000 --> 01:11:01.000]  I'd like to talk to you about that specific judge off air as well, Jeff.
[01:11:01.000 --> 01:11:10.000]  I've gotten some news, some scuttlebutt that you might be able to use as leverage.
[01:11:10.000 --> 01:11:21.000]  My point was I talked to 60 lawyers and the last one was the previous district attorney from the one I had sued.
[01:11:21.000 --> 01:11:28.000]  And when I told him who it was, he said, oh, Mr. Kelton, I know all about your suit.
[01:11:28.000 --> 01:11:30.000]  I can't represent your suit.
[01:11:30.000 --> 01:11:34.000]  You made allegations against judges in there and I have to represent clients in this county.
[01:11:34.000 --> 01:11:36.000]  His name is Jerry Cobb.
[01:11:36.000 --> 01:11:38.000]  I said, what's the matter, Jerry?
[01:11:38.000 --> 01:11:42.000]  You afraid those judges will screw your next client to get back at me?
[01:11:42.000 --> 01:11:47.000]  And he said, you darn right they will.
[01:11:47.000 --> 01:11:56.000]  Now, I don't know if that was true or not, but I do know that every single attorney I talked to believed it was true.
[01:11:56.000 --> 01:12:02.000]  So if you're going to get your attorney to represent your case, you have to give him something to work with
[01:12:02.000 --> 01:12:08.000]  and understand that he has pressures on him you don't have.
[01:12:08.000 --> 01:12:10.000]  Randy, at the end of the day, they're still human.
[01:12:10.000 --> 01:12:15.000]  And that's something that people don't realize is that I'm just like you.
[01:12:15.000 --> 01:12:21.000]  And the only difference between you and I and Steve is I chose to go to law school and I chose this profession.
[01:12:21.000 --> 01:12:24.000]  The difference is I've got to work with these judges every day.
[01:12:24.000 --> 01:12:27.000]  So if I choose to make an argument, that's fine.
[01:12:27.000 --> 01:12:32.000]  But if I choose to go for this road, like you're saying, for sure and all that stuff,
[01:12:32.000 --> 01:12:36.000]  I have to realize that could be a career ending maneuver.
[01:12:36.000 --> 01:12:40.000]  And I have to choose those battles the correct way.
[01:12:40.000 --> 01:12:47.000]  But in Steve's situation and a number of my clients' situations, I can't make that decision because what's right is right.
[01:12:47.000 --> 01:12:51.000]  And that's what we're dealing with right now.
[01:12:51.000 --> 01:12:56.000]  You know, I understood why these lawyers couldn't do what I was doing.
[01:12:56.000 --> 01:12:58.000]  And we talk about this.
[01:12:58.000 --> 01:13:02.000]  There are things I can do as a pro se that you could never do.
[01:13:02.000 --> 01:13:05.000]  That's right. That's a very good point.
[01:13:05.000 --> 01:13:12.000]  I was in an unlawful detainer hearing and the lawyer next to me, she was getting kind of miffed.
[01:13:12.000 --> 01:13:15.000]  I put a challenge subject matter jurisdiction before the judge.
[01:13:15.000 --> 01:13:17.000]  He wouldn't even read it.
[01:13:17.000 --> 01:13:20.000]  She said, Mr. Counselor, are you an attorney?
[01:13:20.000 --> 01:13:24.000]  I said, no, there's a lot of judges that wish I was an attorney.
[01:13:24.000 --> 01:13:30.000]  And no, I'm not here dangling from my bar cart.
[01:13:30.000 --> 01:13:32.000]  I met that for the judge.
[01:13:32.000 --> 01:13:36.000]  You don't get as PO'd at me as you want to, brother.
[01:13:36.000 --> 01:13:40.000]  You have nothing to take from me.
[01:13:40.000 --> 01:13:42.000]  That's the big difference.
[01:13:42.000 --> 01:13:44.000]  You can't get in.
[01:13:44.000 --> 01:13:46.000]  You're going to do your worst to me.
[01:13:46.000 --> 01:13:47.000]  I don't care about you.
[01:13:47.000 --> 01:13:55.000]  And what I try to do is I've tried to put together some tools that people can use to achieve remedy.
[01:13:55.000 --> 01:14:04.000]  And one of the strategies is we go in as a pro se and file all this crap and then we call in the lawyer afterward.
[01:14:04.000 --> 01:14:09.000]  And we go in and we beat him up, kick him around, just make a nuisance of ourselves.
[01:14:09.000 --> 01:14:15.000]  And then we call in the lawyer and he gets to pull the dirty rotten pro se off the former mistreated judge.
[01:14:15.000 --> 01:14:22.000]  And he's got these issues that he might not want to risk putting in front of the judge
[01:14:22.000 --> 01:14:25.000]  because he'd PO the judge.
[01:14:25.000 --> 01:14:29.000]  But pro se's already did it and he gets to inherit them.
[01:14:29.000 --> 01:14:31.000]  Perfectly said.
[01:14:31.000 --> 01:14:34.000]  Always protect your lawyer.
[01:14:34.000 --> 01:14:42.000]  If you're going to do something, make sure how your lawyer wants to receive the case and set it up that way.
[01:14:42.000 --> 01:14:43.000]  That's perfect.
[01:14:43.000 --> 01:14:52.000]  And I've worked a number of clients that way is we'll say, hey, okay, go in with this.
[01:14:52.000 --> 01:14:58.000]  These are a lot of the tactics that I've learned from Steve, quite frankly, is we'll have the pro se's go in.
[01:14:58.000 --> 01:15:00.000]  We'll make all these points.
[01:15:00.000 --> 01:15:06.000]  And because those points have already been brought out in the public, in the record, they're on the record.
[01:15:06.000 --> 01:15:08.000]  I have to argue those.
[01:15:08.000 --> 01:15:13.000]  But then I get a look at the judge and say, Judge, I'm really sorry, but my clients brought these up.
[01:15:13.000 --> 01:15:15.000]  I have to advocate for the best of my client.
[01:15:15.000 --> 01:15:16.000]  So it's not me making the arguments.
[01:15:16.000 --> 01:15:18.000]  My clients have already presented those arguments.
[01:15:18.000 --> 01:15:20.000]  I'm just doing my job.
[01:15:20.000 --> 01:15:23.000]  That's the cool thing that works.
[01:15:23.000 --> 01:15:25.000]  It takes the heat off of you.
[01:15:25.000 --> 01:15:26.000]  Yep.
[01:15:26.000 --> 01:15:28.000]  It takes the heat off of me.
[01:15:28.000 --> 01:15:37.000]  The last time I was prosecuted in Austin, in Travis County, I had a DPS officer knock one of my teeth out.
[01:15:37.000 --> 01:15:47.000]  When I asked him what part of I do not want to talk to you, do you not understand, he lost it and knocked out one of my teeth.
[01:15:47.000 --> 01:15:56.000]  But the judge dismissed the case to protect my lawyer from me.
[01:15:56.000 --> 01:15:58.000]  That was perfect.
[01:15:58.000 --> 01:16:10.000]  I demonstrated to the court that this lawyer had an unruly client that he couldn't control when I demanded that he get the prosecutor over to sign some criminal complaints against some public officials.
[01:16:10.000 --> 01:16:11.000]  And he wouldn't take them.
[01:16:11.000 --> 01:16:12.000]  This is in front of the judge.
[01:16:12.000 --> 01:16:15.000]  I said, here, take them, you chicken.
[01:16:15.000 --> 01:16:17.000]  And he said, I'm not going to touch them.
[01:16:17.000 --> 01:16:18.000]  I'm not going to touch them.
[01:16:18.000 --> 01:16:20.000]  I went out to lunch.
[01:16:20.000 --> 01:16:22.000]  They dismissed the case.
[01:16:22.000 --> 01:16:26.000]  And he did that to keep me from coming after my lawyer.
[01:16:26.000 --> 01:16:28.000]  So I always want to protect the lawyer.
[01:16:28.000 --> 01:16:32.000]  And lawyers can help us if we set them up right.
[01:16:32.000 --> 01:16:38.000]  I'm glad to hear that you agreed with that position because that's the one I made up.
[01:16:38.000 --> 01:16:41.000]  I've never been able to talk to a lawyer about it.
[01:16:41.000 --> 01:16:43.000]  OK, we're about to go to break.
[01:16:43.000 --> 01:16:46.000]  This is Randy Kelton, David Stevens, Riva Radio.
[01:16:46.000 --> 01:16:48.000]  Jeff, can you hang on for a while?
[01:16:48.000 --> 01:16:49.000]  Sure, of course.
[01:16:49.000 --> 01:16:50.000]  Wonderful.
[01:16:50.000 --> 01:16:52.000]  OK, we're about to go to break.
[01:16:52.000 --> 01:16:56.000]  Our call is number 512-646-1984.
[01:16:56.000 --> 01:17:00.000]  We'll be right back.
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[01:19:25.000 --> 01:19:50.000]  Welcome back to Rule of Law, folks.
[01:19:50.000 --> 01:19:57.000]  We've got a very special caller today or tonight, Jeff Kelly, attorney at law here in Austin, Texas.
[01:19:57.000 --> 01:20:05.000]  And if you have any issues with your mortgage, you need a representative counsel or assistance counsel.
[01:20:05.000 --> 01:20:09.000]  You can call Jeff at 512. Get your pencils out.
[01:20:09.000 --> 01:20:18.000]  512-505-0053. Let me say that again correctly.
[01:20:18.000 --> 01:20:26.000]  512-505-0053. I should have that number committed to memory.
[01:20:26.000 --> 01:20:33.000]  And this is managing attorney at Kelly Legal Group, Jeff Kelly.
[01:20:33.000 --> 01:20:40.000]  Jeff, we were talking over the break of were there any specific things
[01:20:40.000 --> 01:20:51.000]  that a client or a prospective client can do to help you?
[01:20:51.000 --> 01:20:52.000]  What would that be?
[01:20:52.000 --> 01:20:54.000]  A lot of things, a lot of things.
[01:20:54.000 --> 01:20:58.000]  One of the things we didn't talk about on break was the documents.
[01:20:58.000 --> 01:21:02.000]  So many times I'll tell the clients to bring in everything.
[01:21:02.000 --> 01:21:03.000]  And I mean everything.
[01:21:03.000 --> 01:21:12.000]  I want everything from the original closing to every letter that they've ever received to whatever communications they've received
[01:21:12.000 --> 01:21:15.000]  because each one of those pieces of paper means something to me.
[01:21:15.000 --> 01:21:18.000]  Refile, modification, county documents.
[01:21:18.000 --> 01:21:20.000]  That's right. County documents.
[01:21:20.000 --> 01:21:26.000]  So many times I'll tell them, hey, bring that closing folder that you received at the file company and I'll get two or three documents.
[01:21:26.000 --> 01:21:29.000]  Well, those documents, I've got to have everything.
[01:21:29.000 --> 01:21:34.000]  You have to have a note to your truck, each one of the letters that are presented that are mailed to you
[01:21:34.000 --> 01:21:37.000]  because each one of those have legal ramifications.
[01:21:37.000 --> 01:21:40.000]  So if I get all that, that accelerates everything.
[01:21:40.000 --> 01:21:48.000]  If I don't, that means I have to spend a lot of time, which translates into a lot of money for clients, in digging those things up.
[01:21:48.000 --> 01:21:55.000]  So if a client or a prospective client would bring all that stuff in, I can make an assessment of their case and say,
[01:21:55.000 --> 01:21:59.000]  I don't see these issues here or I don't see these issues or whatever.
[01:21:59.000 --> 01:22:02.000]  So when somebody tells you to bring everything in, bring it all in, everything.
[01:22:02.000 --> 01:22:07.000]  Because I'd much rather sift through things and say, this small stack here doesn't mean anything to me.
[01:22:07.000 --> 01:22:09.000]  This big stack means a lot.
[01:22:09.000 --> 01:22:14.000]  But what I get so many times is I get two or three documents and nothing else.
[01:22:14.000 --> 01:22:20.000]  That doesn't do anything for me because then I spend $1,500 in time trying to find those other documents.
[01:22:20.000 --> 01:22:22.000]  That's one. Bring everything.
[01:22:22.000 --> 01:22:25.000]  Everything has to do with this mortgage or the issues you have.
[01:22:25.000 --> 01:22:29.000]  The second thing is, Steve, you're a perfect example, everything.
[01:22:29.000 --> 01:22:32.000]  I mean, just research, research, research, research.
[01:22:32.000 --> 01:22:34.000]  Know what's going on.
[01:22:34.000 --> 01:22:36.000]  Tune in to radio stations like this.
[01:22:36.000 --> 01:22:39.000]  Tune in to shows that are talking about these issues.
[01:22:39.000 --> 01:22:44.000]  There's a number of websites that deal with these issues.
[01:22:44.000 --> 01:22:48.000]  Keep up with those because those issues come to us as well.
[01:22:48.000 --> 01:22:51.000]  But if you can say, hey, what does this case have to do with it?
[01:22:51.000 --> 01:22:53.000]  Steve, you mentioned earlier the Miller case.
[01:22:53.000 --> 01:22:57.000]  Well, how does that affect my case or the new cases?
[01:22:57.000 --> 01:22:59.000]  I mean, there's stuff on both coasts.
[01:22:59.000 --> 01:23:02.000]  The East Coast is hitting it hard and the West Coast and the California stuff.
[01:23:02.000 --> 01:23:09.000]  We're using a lot of the cases in California right now and the federal court trying to say, listen, judges, this is real.
[01:23:09.000 --> 01:23:16.000]  Well, bring those cases to me because I said earlier that 90% of my time is in court.
[01:23:16.000 --> 01:23:21.000]  So a lot of times I don't have time to research and read each one of those cases.
[01:23:21.000 --> 01:23:27.000]  I'm trying to advocate for you orally in court the best I can.
[01:23:27.000 --> 01:23:35.000]  So if you would just do a little bit of work and find out, hey, these cases, I think they're applicable, I'm open to it.
[01:23:35.000 --> 01:23:38.000]  Now, I am, but there's a number of attorneys that aren't.
[01:23:38.000 --> 01:23:40.000]  They want to run the case the way they want to.
[01:23:40.000 --> 01:23:44.000]  But find that attorney that's open to figuring it out.
[01:23:44.000 --> 01:23:49.000]  My rule of thumb is somebody comes in and says, hey, you know what, there's this, this, and this.
[01:23:49.000 --> 01:23:51.000]  Why don't you look at it?
[01:23:51.000 --> 01:23:53.000]  I mean, that's free research.
[01:23:53.000 --> 01:23:59.000]  It just doesn't make any sense to me about so many lawyers that I talk to say, no, my clients aren't going to do anything.
[01:23:59.000 --> 01:24:01.000]  I don't want them to do anything.
[01:24:01.000 --> 01:24:02.000]  I want to run the case.
[01:24:02.000 --> 01:24:03.000]  That doesn't make sense.
[01:24:03.000 --> 01:24:05.000]  This is a service business.
[01:24:05.000 --> 01:24:11.000]  If the client wants you to look at something, you're going to damn well look at it.
[01:24:11.000 --> 01:24:16.000]  And some competent analytical, pre-litigation analytical work wouldn't hurt.
[01:24:16.000 --> 01:24:17.000]  That'd be great.
[01:24:17.000 --> 01:24:18.000]  That'd be great.
[01:24:18.000 --> 01:24:22.000]  I'll tell you what, somebody I use religiously is here in Austin.
[01:24:22.000 --> 01:24:28.000]  And this guy, he is the one that helps me bring these things every single time.
[01:24:28.000 --> 01:24:35.000]  I don't know if I can plug him, but this guy helps me be able to place where these loans are.
[01:24:35.000 --> 01:24:41.000]  And when I take this evidence in front of a judge, they listen versus a couple years ago, I was using it.
[01:24:41.000 --> 01:24:45.000]  Plug, Kelly, plug him.
[01:24:45.000 --> 01:24:47.000]  Steve, help me out, man.
[01:24:47.000 --> 01:24:49.000]  Is his name Joseph Esquivel?
[01:24:49.000 --> 01:24:50.000]  That guy.
[01:24:50.000 --> 01:24:51.000]  That guy.
[01:24:51.000 --> 01:24:52.000]  That guy.
[01:24:52.000 --> 01:24:55.000]  Licensed private investigator Joseph R. Esquivel.
[01:24:55.000 --> 01:24:58.000]  Joe who?
[01:24:58.000 --> 01:25:05.000]  Well, Joe's got training tonight, so he didn't make it, but he should be back with us next week.
[01:25:05.000 --> 01:25:09.000]  Joe's a co-host here at Friday Night Rule Law Radio.
[01:25:09.000 --> 01:25:11.000]  So here's the deal with that.
[01:25:11.000 --> 01:25:21.000]  The important point from a litigator standpoint is a couple years ago, I was working with a firm or the company that would present really, really nice audits.
[01:25:21.000 --> 01:25:22.000]  They were great.
[01:25:22.000 --> 01:25:23.000]  They were great.
[01:25:23.000 --> 01:25:32.000]  If I tried to put them in evidence, opposing counsel would object, and I would have no counter to it because I just couldn't get them in.
[01:25:32.000 --> 01:25:33.000]  I mean, they were great.
[01:25:33.000 --> 01:25:34.000]  They were, you know, all this stuff.
[01:25:34.000 --> 01:25:38.000]  But with Esquivel's stuff, you get it in because an expert witness.
[01:25:38.000 --> 01:25:39.000]  He's licensed.
[01:25:39.000 --> 01:25:41.000]  He's going to be in the vet.
[01:25:41.000 --> 01:25:44.000]  His CV is golden.
[01:25:44.000 --> 01:25:45.000]  He's licensed.
[01:25:45.000 --> 01:25:50.000]  And so all of a sudden, that brings an air of credibility that has never been found before.
[01:25:50.000 --> 01:25:53.000]  So, no, I'm a big fan, Joe.
[01:25:53.000 --> 01:25:55.000]  I mean, his stuff is really, really good.
[01:25:55.000 --> 01:26:03.000]  It's always accurate, and the judge will listen to it because he is licensed.
[01:26:03.000 --> 01:26:04.000]  It helps a lot.
[01:26:04.000 --> 01:26:05.000]  It helps a lot.
[01:26:05.000 --> 01:26:06.000]  Yep.
[01:26:06.000 --> 01:26:08.000]  It's what I call competent evidence.
[01:26:08.000 --> 01:26:17.000]  Randy had gotten in trouble under 1702.104 in, where was it, Randy, Cherokee County?
[01:26:17.000 --> 01:26:18.000]  Yeah, Cherokee County.
[01:26:18.000 --> 01:26:28.000]  I was prosecuted for filing criminal charges with the grand jury against a judge.
[01:26:28.000 --> 01:26:31.000]  And it was that judge that prosecuted me.
[01:26:31.000 --> 01:26:33.000]  What is wrong with that story?
[01:26:33.000 --> 01:26:34.000]  Can't understand why.
[01:26:34.000 --> 01:26:36.000]  Yeah, exactly.
[01:26:36.000 --> 01:26:42.000]  On my business card, I had an investigative journalist, and they called me a private investigator.
[01:26:42.000 --> 01:26:43.000]  Oh, wow.
[01:26:43.000 --> 01:26:49.000]  Yeah, well, see, when you were charged under that 1702.104, the Texas Occupations Code,
[01:26:49.000 --> 01:26:51.000]  that caused me to go to that code and read it.
[01:26:51.000 --> 01:26:58.000]  And I had that epiphany that, oh, my God, at that time, I was working for a different company,
[01:26:58.000 --> 01:27:00.000]  but I thought, we're doing the same thing.
[01:27:00.000 --> 01:27:04.000]  I brought it to my boss, and he said, oh, my God, we're doing the same thing.
[01:27:04.000 --> 01:27:07.000]  That led us to get the company licensed.
[01:27:07.000 --> 01:27:10.000]  That company fell apart.
[01:27:10.000 --> 01:27:16.000]  Another company came in, got them licensed, and Joe is now part of that company.
[01:27:16.000 --> 01:27:23.000]  So that license and the bond means everything.
[01:27:23.000 --> 01:27:27.000]  That's why I call it competent evidence.
[01:27:27.000 --> 01:27:35.000]  There's a lot of people out there, a lot of these online places that claim to be able to help you.
[01:27:35.000 --> 01:27:41.000]  They're just taking your money, rubbing salt into an open wound.
[01:27:41.000 --> 01:27:43.000]  Be careful what you do.
[01:27:43.000 --> 01:27:47.000]  Yeah, here's what I'll say from a litigator standpoint is those guys,
[01:27:47.000 --> 01:27:50.000]  when I try and put that stuff in evidence, I don't get it in.
[01:27:50.000 --> 01:27:52.000]  And so it's basically worthless.
[01:27:52.000 --> 01:27:53.000]  It's great.
[01:27:53.000 --> 01:27:56.000]  I mean, the color, it's awesome, and I love the graphs and all that stuff.
[01:27:56.000 --> 01:28:01.000]  But when I try and put Joe's stuff in, I get it in because he's licensed.
[01:28:01.000 --> 01:28:05.000]  He can qualify as an expert witness.
[01:28:05.000 --> 01:28:07.000]  There you go.
[01:28:07.000 --> 01:28:11.000]  I don't know, to my knowledge, he hasn't been deposed on the stand
[01:28:11.000 --> 01:28:15.000]  because when he shows up to court, he's got a badge on his hip.
[01:28:15.000 --> 01:28:21.000]  That's the last guy that opposing counsel wants on the stand.
[01:28:21.000 --> 01:28:23.000]  Yeah, that doesn't go well.
[01:28:23.000 --> 01:28:25.000]  No, no.
[01:28:25.000 --> 01:28:28.000]  Let's talk about a settlement or something different.
[01:28:28.000 --> 01:28:31.000]  Anything but that badge.
[01:28:31.000 --> 01:28:38.000]  So one other thing that I'd like for listeners to kind of keep on the radar
[01:28:38.000 --> 01:28:43.000]  is the municipalities and how they're overstretching their bounds
[01:28:43.000 --> 01:28:50.000]  and trying to control activities that are not associated with development.
[01:28:50.000 --> 01:28:54.000]  There's a number of actually here in Austin, outside of Austin,
[01:28:54.000 --> 01:29:02.000]  and right now we have active suits against six different municipalities in Texas
[01:29:02.000 --> 01:29:03.000]  for this exact thing.
[01:29:03.000 --> 01:29:07.000]  So listeners, just be careful that under the development code
[01:29:07.000 --> 01:29:10.000]  and the guise of the development code,
[01:29:10.000 --> 01:29:13.000]  the cities are trying to control all sorts of activities
[01:29:13.000 --> 01:29:16.000]  that it's not legally able to control.
[01:29:16.000 --> 01:29:21.000]  So anyway, if, Mandy, maybe you have a special segment on that at some point,
[01:29:21.000 --> 01:29:24.000]  but just watch that. Just watch.
[01:29:24.000 --> 01:29:27.000]  This sounds like agenda 21.
[01:29:27.000 --> 01:29:30.000]  Kind of. Yeah, I think exactly.
[01:29:30.000 --> 01:29:32.000]  Yeah, sustainable development.
[01:29:32.000 --> 01:29:35.000]  Yep.
[01:29:35.000 --> 01:29:43.000]  Okay, hang on. This is Randy Kelton, Deborah Stevens, Joe Esquivel,
[01:29:43.000 --> 01:30:02.000]  Steve Skidmore, Ruble Radio, our call in number 512-646-1984. We'll be right back.
[01:30:02.000 --> 01:30:04.000]  Used to be you could trust a hacker.
[01:30:04.000 --> 01:30:08.000]  Sure, they broke into computer systems, but most lived by a code of ethics.
[01:30:08.000 --> 01:30:12.000]  But as WikiLeaks informant Bradley Manning found out, things have changed.
[01:30:12.000 --> 01:30:16.000]  I'm Catherine Albrecht, and I'll tell you more in a moment.
[01:30:16.000 --> 01:30:18.000]  Privacy is under attack.
[01:30:18.000 --> 01:30:21.000]  When you give up data about yourself, you'll never get it back again.
[01:30:21.000 --> 01:30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.000 --> 01:30:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.000 --> 01:30:34.000]  Privacy, it's worth hanging onto.
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[01:30:44.000 --> 01:30:48.000]  Honest hackers live by a code that emphasizes sharing, openness,
[01:30:48.000 --> 01:30:51.000]  free access to computers, and world improvement.
[01:30:51.000 --> 01:30:55.000]  And they typically have a healthy mistrust of authority that helps keep us all safer.
[01:30:55.000 --> 01:30:58.000]  For example, hackers have exposed serious flaws in technology.
[01:30:58.000 --> 01:31:03.000]  They forewarned us that contactless credit card numbers could be siphoned right through our wallets.
[01:31:03.000 --> 01:31:06.000]  They also proved that human chip implants can be cloned,
[01:31:06.000 --> 01:31:09.000]  allowing criminals to pretend to be someone else.
[01:31:09.000 --> 01:31:13.000]  But these days, be careful which hackers you trust with your secrets.
[01:31:13.000 --> 01:31:18.000]  According to the Hacker Quarterly, one in four hackers is now an FBI informant.
[01:31:18.000 --> 01:31:22.000]  Many have been forced into government service to avoid jail time.
[01:31:22.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:02.000 --> 01:33:27.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:32.000 --> 01:33:44.000]  Welcome back to Rule of Law, folks.
[01:33:44.000 --> 01:33:52.000]  I would like to give very heartfelt thanks to Jeff Kelly for calling in tonight.
[01:33:52.000 --> 01:33:54.000]  Just got to go.
[01:33:54.000 --> 01:33:56.000]  He said his wife keeps peeking around the corner saying,
[01:33:56.000 --> 01:33:58.000]  when you come to bed, when you come to bed?
[01:33:58.000 --> 01:34:00.000]  Well, I get the same thing from my wife.
[01:34:00.000 --> 01:34:04.000]  My sympathies and apologies to your wife.
[01:34:04.000 --> 01:34:07.000]  I would like to thank you, Jeff, for coming on.
[01:34:07.000 --> 01:34:10.000]  I know it was kind of short notice and a mistaken thing,
[01:34:10.000 --> 01:34:16.000]  but I think this turned out good for the callers and listeners and good for us as well.
[01:34:16.000 --> 01:34:21.000]  But if you would like to contact Jeff Kelly at the Kelly Legal Group here in Austin, Texas,
[01:34:21.000 --> 01:34:28.000]  that number again is 512-505-0053.
[01:34:28.000 --> 01:34:31.000]  And Jeff, do you have anything in parting?
[01:34:31.000 --> 01:34:33.000]  Well, Steve, just a thanks.
[01:34:33.000 --> 01:34:36.000]  And I've really enjoyed working with you over the years.
[01:34:36.000 --> 01:34:39.000]  And Randy, thanks for the time tonight.
[01:34:39.000 --> 01:34:41.000]  And I hope I can help some listeners.
[01:34:41.000 --> 01:34:46.000]  I hope what we talked about helps a little bit because we can't give up on this cause.
[01:34:46.000 --> 01:34:49.000]  This cause is way too important to give up.
[01:34:49.000 --> 01:34:53.000]  So the listeners, as far as those times that feel dark, don't let them feel dark.
[01:34:53.000 --> 01:34:55.000]  Just keep going and fight, fight to fight.
[01:34:55.000 --> 01:34:56.000]  We have to win it.
[01:34:56.000 --> 01:34:59.000]  It's not a battle we can lose.
[01:34:59.000 --> 01:35:00.000]  Good.
[01:35:00.000 --> 01:35:01.000]  Thank you, Jeff.
[01:35:01.000 --> 01:35:03.000]  And don't be a stranger.
[01:35:03.000 --> 01:35:04.000]  I won't.
[01:35:04.000 --> 01:35:05.000]  I'll call back.
[01:35:05.000 --> 01:35:08.000]  Good.
[01:35:08.000 --> 01:35:11.000]  Thank you, Jeff.
[01:35:11.000 --> 01:35:12.000]  Take care.
[01:35:12.000 --> 01:35:13.000]  You too.
[01:35:13.000 --> 01:35:17.000]  Now we're going to go to John in New Jersey.
[01:35:17.000 --> 01:35:21.000]  John, I'm sorry to keep you hanging so long.
[01:35:21.000 --> 01:35:23.000]  What do you have for us today?
[01:35:23.000 --> 01:35:24.000]  How are you doing, Randy?
[01:35:24.000 --> 01:35:25.000]  How are you doing, Steve?
[01:35:25.000 --> 01:35:26.000]  Good.
[01:35:26.000 --> 01:35:27.000]  Good.
[01:35:27.000 --> 01:35:29.000]  I'd like to comment real quick.
[01:35:29.000 --> 01:35:35.000]  I'm on a lot of blogs and the guy you just had on, Live and Lie, he posted a lot of his
[01:35:35.000 --> 01:35:36.000]  cases.
[01:35:36.000 --> 01:35:37.000]  He's a really great lawyer.
[01:35:37.000 --> 01:35:38.000]  I'm from New Jersey.
[01:35:38.000 --> 01:35:41.000]  I wish he was in New Jersey because, like I said, I do Live and Lie and they post a lot
[01:35:41.000 --> 01:35:42.000]  of his cases and stuff.
[01:35:42.000 --> 01:35:44.000]  And he's a really good lawyer.
[01:35:44.000 --> 01:35:47.000]  So, I mean, I'm surprised you even work with him.
[01:35:47.000 --> 01:35:48.000]  Yeah.
[01:35:48.000 --> 01:35:49.000]  Hey, Al.
[01:35:49.000 --> 01:35:50.000]  Get her.
[01:35:50.000 --> 01:35:55.000]  Truth usually does, Randy.
[01:35:55.000 --> 01:35:59.000]  Why don't you just poke me now with a sharp stick?
[01:35:59.000 --> 01:36:01.000]  Next caller now.
[01:36:01.000 --> 01:36:04.000]  No, Jeff, I trust Jeff.
[01:36:04.000 --> 01:36:07.000]  If I didn't trust Jeff, I would have never retained him.
[01:36:07.000 --> 01:36:12.000]  A lot of cases on, like, Live and Lie, I was really surprised he was on the show tonight.
[01:36:12.000 --> 01:36:15.000]  But he's true, though.
[01:36:15.000 --> 01:36:18.000]  I had a lawyer who would never listen to me.
[01:36:18.000 --> 01:36:21.000]  The first lawyer I had, every time I tried to bring something up, he'd never listen to
[01:36:21.000 --> 01:36:22.000]  me.
[01:36:22.000 --> 01:36:23.000]  The lawyer I got now, he listened to me.
[01:36:23.000 --> 01:36:25.000]  He tells me I'm crazy, but at least he listens to me.
[01:36:25.000 --> 01:36:26.000]  So, I mean...
[01:36:26.000 --> 01:36:27.000]  Well, that's a start.
[01:36:27.000 --> 01:36:28.000]  Yeah.
[01:36:28.000 --> 01:36:29.000]  So, absolutely.
[01:36:29.000 --> 01:36:32.000]  I'm going to talk about my assignments tonight.
[01:36:32.000 --> 01:36:35.000]  Oh, you have assignments?
[01:36:35.000 --> 01:36:36.000]  Well, not really.
[01:36:36.000 --> 01:36:37.000]  So...
[01:36:37.000 --> 01:36:38.000]  How rare.
[01:36:38.000 --> 01:36:39.000]  Okay.
[01:36:39.000 --> 01:36:40.000]  Well...
[01:36:40.000 --> 01:36:41.000]  All right.
[01:36:41.000 --> 01:36:42.000]  What you got?
[01:36:42.000 --> 01:36:47.000]  Back in 2005, FGC Commercial, they signed my mortgage to Fremont Investment Loan.
[01:36:47.000 --> 01:36:49.000]  Now, that was done by Mears and...
[01:36:49.000 --> 01:36:50.000]  Okay.
[01:36:50.000 --> 01:36:51.000]  Okay.
[01:36:51.000 --> 01:36:52.000]  Hold on.
[01:36:52.000 --> 01:36:53.000]  Hold on.
[01:36:53.000 --> 01:36:54.000]  Who was the original lender?
[01:36:54.000 --> 01:36:55.000]  FGC Commercial.
[01:36:55.000 --> 01:36:56.000]  FGC Commercial.
[01:36:56.000 --> 01:36:57.000]  They still exist?
[01:36:57.000 --> 01:37:04.000]  Fremont Commercial Loan, they signed to Fremont Investment and Loan.
[01:37:04.000 --> 01:37:05.000]  Okay.
[01:37:05.000 --> 01:37:06.000]  Fremont Investment.
[01:37:06.000 --> 01:37:07.000]  They're not existing anymore.
[01:37:07.000 --> 01:37:08.000]  No.
[01:37:08.000 --> 01:37:09.000]  They're not in business.
[01:37:09.000 --> 01:37:10.000]  That's what I want to go to real quick.
[01:37:10.000 --> 01:37:11.000]  So, in 2005, it got assigned.
[01:37:11.000 --> 01:37:12.000]  It was done by Mears.
[01:37:12.000 --> 01:37:17.000]  It's at the county, you know, land records.
[01:37:17.000 --> 01:37:21.000]  I went there and it says unofficial, but it has Mears, you know, 2005.
[01:37:21.000 --> 01:37:22.000]  Sure.
[01:37:22.000 --> 01:37:29.000]  Did the assignment say that Mears was acting as nominee for FTC or did it just say that
[01:37:29.000 --> 01:37:31.000]  Mears was the mortgagee?
[01:37:31.000 --> 01:37:32.000]  No.
[01:37:32.000 --> 01:37:34.000]  It says acting as nominee.
[01:37:34.000 --> 01:37:35.000]  Okay.
[01:37:35.000 --> 01:37:36.000]  But...
[01:37:36.000 --> 01:37:41.000]  Generally, if it just says mortgagee, that's a clue that the company was out of business
[01:37:41.000 --> 01:37:42.000]  and they knew it.
[01:37:42.000 --> 01:37:43.000]  Right.
[01:37:43.000 --> 01:37:44.000]  And they're trying to cover their butt.
[01:37:44.000 --> 01:37:45.000]  That's why I asked that question.
[01:37:45.000 --> 01:37:49.000]  Now, did they assign it from FTC to Fremont?
[01:37:49.000 --> 01:37:50.000]  Yes.
[01:37:50.000 --> 01:37:51.000]  Okay.
[01:37:51.000 --> 01:37:56.000]  So, Fremont being out of business, is there...
[01:37:56.000 --> 01:38:00.000]  I take it you have a new service or after Fremont?
[01:38:00.000 --> 01:38:01.000]  Well, we have...
[01:38:01.000 --> 01:38:02.000]  Yeah.
[01:38:02.000 --> 01:38:03.000]  Well, that was...
[01:38:03.000 --> 01:38:04.000]  Yeah, Fremont went out of business, but in 2000...
[01:38:04.000 --> 01:38:05.000]  This is what I want to get to.
[01:38:05.000 --> 01:38:12.000]  So, 2008, I got some letters from CMS, Carrington Morgan Services Company.
[01:38:12.000 --> 01:38:13.000]  Wait.
[01:38:13.000 --> 01:38:14.000]  Say that again.
[01:38:14.000 --> 01:38:15.000]  Carrington.
[01:38:15.000 --> 01:38:16.000]  Carrington.
[01:38:16.000 --> 01:38:17.000]  Okay.
[01:38:17.000 --> 01:38:19.000]  Carrington, yeah, CMS, Carrington Morgan Services.
[01:38:19.000 --> 01:38:21.000]  So, I went down to the land records.
[01:38:21.000 --> 01:38:23.000]  There's no record of them anywhere.
[01:38:23.000 --> 01:38:24.000]  Oh, dear.
[01:38:24.000 --> 01:38:30.000]  So, I called them up and I said, I went to the land records and I said, I want to know
[01:38:30.000 --> 01:38:32.000]  what gives you right to service my loan and who are you?
[01:38:32.000 --> 01:38:36.000]  So, I said, there's no record at the county land records.
[01:38:36.000 --> 01:38:38.000]  She goes, well, mirrors those in our assignments.
[01:38:38.000 --> 01:38:39.000]  I said, really?
[01:38:39.000 --> 01:38:40.000]  I said, okay.
[01:38:40.000 --> 01:38:45.000]  So, I just want to find, you know, see what kind of paperwork they did have.
[01:38:45.000 --> 01:38:52.000]  I don't remember seeing MERS delegated any kind of a recording authority in any of the
[01:38:52.000 --> 01:38:54.000]  constitutions of the states or the federal constitution.
[01:38:54.000 --> 01:38:55.000]  Right.
[01:38:55.000 --> 01:38:56.000]  So, it's nothing.
[01:38:56.000 --> 01:39:04.000]  But now, in 2011, FTG commercial comes back into it.
[01:39:04.000 --> 01:39:10.000]  They're trying to assign my loan to Dutch Bank.
[01:39:10.000 --> 01:39:12.000]  But now, here's the question.
[01:39:12.000 --> 01:39:17.000]  They've been out of business since 2007.
[01:39:17.000 --> 01:39:19.000]  How could they?
[01:39:19.000 --> 01:39:20.000]  But here, this way.
[01:39:20.000 --> 01:39:21.000]  Okay.
[01:39:21.000 --> 01:39:22.000]  Okay.
[01:39:22.000 --> 01:39:23.000]  Here's the deal.
[01:39:23.000 --> 01:39:30.000]  The FTC, as a fictional entity, under law, it was a person.
[01:39:30.000 --> 01:39:33.000]  A person, a corporation is defined as a person.
[01:39:33.000 --> 01:39:34.000]  Right.
[01:39:34.000 --> 01:39:37.000]  The problem is the person died.
[01:39:37.000 --> 01:39:45.000]  So, how did the dead person direct MERS to do an assignment?
[01:39:45.000 --> 01:39:46.000]  Right.
[01:39:46.000 --> 01:39:47.000]  Well, that's one thing.
[01:39:47.000 --> 01:39:49.000]  Now, here's another thing, too.
[01:39:49.000 --> 01:39:54.000]  If MERS did, as I said, if MERS was acted as a nominee for lender who went out of business,
[01:39:54.000 --> 01:39:58.000]  you know, could they legally sign anything?
[01:39:58.000 --> 01:40:02.000]  Or did they violate the laws when they did that?
[01:40:02.000 --> 01:40:03.000]  Okay.
[01:40:03.000 --> 01:40:04.000]  Okay.
[01:40:04.000 --> 01:40:05.000]  Back up just a little.
[01:40:05.000 --> 01:40:08.000]  What does nominee mean?
[01:40:08.000 --> 01:40:12.000]  I mean, they're substituted, right?
[01:40:12.000 --> 01:40:13.000]  Nominee?
[01:40:13.000 --> 01:40:15.000]  I don't know what it means.
[01:40:15.000 --> 01:40:17.000]  I don't know what it means.
[01:40:17.000 --> 01:40:20.000]  And we've done a lot of research on this.
[01:40:20.000 --> 01:40:23.000]  And what is it?
[01:40:23.000 --> 01:40:24.000]  Control?
[01:40:24.000 --> 01:40:33.000]  What's the provision that a problem with a contract is attributed to the maker?
[01:40:33.000 --> 01:40:42.000]  One of the arguments I make in pleadings I put together is that the lender created this
[01:40:42.000 --> 01:40:48.000]  document and chose to use the term nominee.
[01:40:48.000 --> 01:40:57.000]  The apparent meaning of the term in the contract doesn't match the Webster definition.
[01:40:57.000 --> 01:41:01.000]  It doesn't match the Black's Law definition.
[01:41:01.000 --> 01:41:04.000]  So, I don't know what it means.
[01:41:04.000 --> 01:41:11.000]  And if an ordinary person of reasonable prudence, if ordinary people of reasonable prudence
[01:41:11.000 --> 01:41:18.000]  could come to different conclusions as to what it means, then the term renders the contract
[01:41:18.000 --> 01:41:21.000]  too vague to be enforceable.
[01:41:21.000 --> 01:41:22.000]  Okay.
[01:41:22.000 --> 01:41:24.000]  Enough of that.
[01:41:24.000 --> 01:41:25.000]  All right.
[01:41:25.000 --> 01:41:33.000]  But my question is how old mayors never got authority for the bankruptcy to assign the
[01:41:33.000 --> 01:41:34.000]  mortgage?
[01:41:34.000 --> 01:41:35.000]  Bankruptcy?
[01:41:35.000 --> 01:41:39.000]  Because Fremont went bankrupt in 2001.
[01:41:39.000 --> 01:41:40.000]  What bankruptcy?
[01:41:40.000 --> 01:41:41.000]  What bankruptcy?
[01:41:41.000 --> 01:41:42.000]  Back up.
[01:41:42.000 --> 01:41:43.000]  What bankruptcy?
[01:41:43.000 --> 01:41:44.000]  Fremont.
[01:41:44.000 --> 01:41:45.000]  Fremont went bankrupt.
[01:41:45.000 --> 01:41:46.000]  Okay.
[01:41:46.000 --> 01:41:47.000]  Okay.
[01:41:47.000 --> 01:41:50.000]  Here's the deal.
[01:41:50.000 --> 01:42:02.000]  If the assignment from FTC to Fremont was actually valid, if FTC still held the entire
[01:42:02.000 --> 01:42:09.960]  mortgage when they made that assignment, just for these purposes, let's presume that that
[01:42:09.960 --> 01:42:15.000]  assignment is valid for the moment.
[01:42:15.000 --> 01:42:27.000]  If Fremont properly held the entire mortgage, then in order for someone else to hold the
[01:42:27.000 --> 01:42:38.440]  mortgage, Fremont would have had to have transferred the mortgage document and negotiated the note
[01:42:38.440 --> 01:42:41.200]  to this third party.
[01:42:41.200 --> 01:42:48.920]  If they cease to do business without making the transfer, then the mortgage document,
[01:42:48.920 --> 01:42:56.480]  you're in, is New Jersey a judicial state or a deed or trust state?
[01:42:56.480 --> 01:42:57.480]  Judicial.
[01:42:57.480 --> 01:42:58.480]  Okay.
[01:42:58.480 --> 01:43:02.040]  Then the security instrument is the mortgage.
[01:43:02.040 --> 01:43:09.320]  The whole note, warranty deed note and security instrument is the mortgage.
[01:43:09.320 --> 01:43:14.440]  But in judicial states, they call the security instrument mortgage, and I'm trying not to
[01:43:14.440 --> 01:43:17.560]  get confusion there.
[01:43:17.560 --> 01:43:25.560]  The mortgage document would have had to have been transferred by Fremont before they ceased
[01:43:25.560 --> 01:43:26.560]  doing business.
[01:43:26.560 --> 01:43:29.680]  If they didn't, they abandoned it.
[01:43:29.680 --> 01:43:35.680]  No one can capriciously or arbitrarily just come up and pick up a dead guy's lien and
[01:43:35.680 --> 01:43:38.560]  apply it.
[01:43:38.560 --> 01:43:45.360]  If I have a lien on your property and I die, Steve can't just come and pick up that lien
[01:43:45.360 --> 01:43:47.360]  and enforce it.
[01:43:47.360 --> 01:43:54.040]  Steve, my page is down, I can't see the clock.
[01:43:54.040 --> 01:44:00.440]  We'll be right back after this break, folks, 512-646-1984, stay tuned.
[01:44:00.440 --> 01:44:03.960]  You feel tired when talking about important topics like money and politics?
[01:44:03.960 --> 01:44:04.960]  Sorry.
[01:44:04.960 --> 01:44:07.760]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.760 --> 01:44:08.760]  What?
[01:44:08.760 --> 01:44:12.600]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:44:40.760 --> 01:44:42.880]  without feeling tired or uninterested.
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[01:46:23.320 --> 01:46:38.600]  Okay, we are back, Randy Kelton, Steve Skidmore with our radio and we're talking to John in
[01:46:38.600 --> 01:46:39.600]  New York.
[01:46:39.600 --> 01:46:48.520]  Okay, John, this is something that we have looked into quite a bit and here's the deal.
[01:46:48.520 --> 01:46:56.200]  You said you called the lender, don't ever do that again.
[01:46:56.200 --> 01:47:00.400]  In law, bushwhack is wonderful.
[01:47:00.400 --> 01:47:05.480]  In normal civil interaction, it's not cool to bushwhack people.
[01:47:05.480 --> 01:47:13.800]  If somebody P.O.s you or annoys you, it's appropriate and civil to go let them know
[01:47:13.800 --> 01:47:18.000]  that this is law, this is not civil behavior.
[01:47:18.000 --> 01:47:24.120]  If you talk to them and their lips move, they will be lying to you.
[01:47:24.120 --> 01:47:29.480]  Okay, maybe they're not lying, but you have to treat them as if they are.
[01:47:29.480 --> 01:47:36.880]  Make everything in writing, do not ever give fair warning.
[01:47:36.880 --> 01:47:40.760]  Don't let them know you're looking into them, ask your questions in a way so they won't
[01:47:40.760 --> 01:47:43.160]  know where you're going.
[01:47:43.160 --> 01:47:54.400]  And here, this is a issue to take to the court in a quiet title action and in most states,
[01:47:54.400 --> 01:48:01.000]  you can do a quiet title action either in rim or in this case, you have Fremont Mortgage.
[01:48:01.000 --> 01:48:09.760]  Fremont Mortgage, apparently you have this assignment that was apparently done by Fremont
[01:48:09.760 --> 01:48:12.280]  Mortgage through MERS.
[01:48:12.280 --> 01:48:13.280]  Right.
[01:48:13.280 --> 01:48:24.120]  So you file a quiet title action claiming that the filing was void when it was filed
[01:48:24.120 --> 01:48:29.840]  because Fremont Mortgage at the time no longer existed.
[01:48:29.840 --> 01:48:36.640]  And you only argue the four corners of that document, don't argue the effect it has, don't
[01:48:36.640 --> 01:48:39.880]  tell them what a bunch of dirty rotten scoundrels they are.
[01:48:39.880 --> 01:48:45.400]  Just pull out the filing requirements for the county registrar.
[01:48:45.400 --> 01:48:51.880]  I don't know what they are in New Jersey, but we got some cool ones in Texas, the 13.001
[01:48:51.880 --> 01:48:58.280]  Texas Property Code and you'll find this in the property code says that any claim against
[01:48:58.280 --> 01:49:07.400]  real property not properly acknowledged or proven and filed in the county record is void
[01:49:07.400 --> 01:49:10.160]  as to the holder.
[01:49:10.160 --> 01:49:18.160]  So you're going to go in and say this document was not properly filed because it was not
[01:49:18.160 --> 01:49:21.800]  filed by Fremont the holder.
[01:49:21.800 --> 01:49:28.840]  It could not be filed by Fremont because Fremont went out of existence on this date.
[01:49:28.840 --> 01:49:36.040]  This is irrefutable, it's in the public record, the judge has to take judicial notice and
[01:49:36.040 --> 01:49:41.400]  you know I generally go in and do a statement of facts on this day, are you going to be
[01:49:41.400 --> 01:49:48.560]  the trust or mortgage and on this day the mortgage was transferred to this entity, on
[01:49:48.560 --> 01:49:55.200]  this day it was transferred to this entity, on this day this entity went out of business.
[01:49:55.200 --> 01:49:59.200]  And if the judge is paying attention he'll say wait a minute, they went out of business
[01:49:59.200 --> 01:50:04.280]  before they made the transfer and it'll raise the question, how did they do that?
[01:50:04.280 --> 01:50:10.920]  Then you go to your argument in support and say they made the transfer after they went
[01:50:10.920 --> 01:50:18.760]  out of business and if you have structured your facts so that it leads the reader to
[01:50:18.760 --> 01:50:26.920]  the same conclusion you subsequently come to, he's going to think you're really smart
[01:50:26.920 --> 01:50:33.840]  because you came to the same conclusion he did and he's more likely to accept your conclusions.
[01:50:33.840 --> 01:50:39.640]  To get this in front of the court the first thing you have to do is give him facts and
[01:50:39.640 --> 01:50:46.640]  the way I do it is I just break apart the document and list out, on this day there was
[01:50:46.640 --> 01:50:54.600]  filed with the recorder a document given, document number so and so and titled this
[01:50:54.600 --> 01:51:01.960]  and I generally take the document as a PDF and just capture out the title, drop it in
[01:51:01.960 --> 01:51:04.360]  my document.
[01:51:04.360 --> 01:51:12.160]  This document averse as follows and I cut out the place where it says they transferred
[01:51:12.160 --> 01:51:21.280]  from one to the other, I drop it in my plea and then I go to the bankruptcy court, on
[01:51:21.280 --> 01:51:26.280]  this day this company went out of business as per the bankruptcy court, drop that in
[01:51:26.280 --> 01:51:34.120]  there, now these are facts the court has to take judicial notice of because they are absolutely
[01:51:34.120 --> 01:51:39.760]  verifiable as they are part of the public record, based on those.
[01:51:39.760 --> 01:51:42.880]  If they're certified copies they're self-authenticating.
[01:51:42.880 --> 01:51:53.600]  Yeah okay, once you have the facts down then you state the law that affects these, state
[01:51:53.600 --> 01:52:00.880]  the conclusions, the trial judge has two primary duties, he must determine the facts in accordance
[01:52:00.880 --> 01:52:06.480]  with the rules of evidence, then apply the law as it comes to him to the facts in the
[01:52:06.480 --> 01:52:08.080]  case.
[01:52:08.080 --> 01:52:12.200]  So you generally start it out with a brief statement this is what the case is about,
[01:52:12.200 --> 01:52:18.680]  tell them what you're going to tell them, then you do a statement of facts, carefully
[01:52:18.680 --> 01:52:24.840]  structured to lead the mind of the reader to the conclusion you want him to lead to
[01:52:24.840 --> 01:52:30.560]  and then you do an argument in support, I call it a statement of factual accusation,
[01:52:30.560 --> 01:52:36.400]  so by that title it's clear I'm taking these facts and making accusations for them, does
[01:52:36.400 --> 01:52:37.400]  that all make sense?
[01:52:37.400 --> 01:52:40.400]  Yes it does, absolutely.
[01:52:40.400 --> 01:52:48.600]  Okay, that's your sneak attack, right, if you name a party you only name Fremont, right,
[01:52:48.600 --> 01:52:53.480]  because Fremont's the party, Merge is just the agent, you name Fremont, but Fremont
[01:52:53.480 --> 01:53:00.160]  don't exist as a good chance they won't answer the suit, right, now this other party who
[01:53:00.160 --> 01:53:08.120]  claims to hold, you don't know anything about them, you're saying this thing was void anyway
[01:53:08.120 --> 01:53:13.000]  so those people don't have standing, it's not recorded anyway, that's why I say I don't
[01:53:13.000 --> 01:53:17.800]  know who they are, yeah so you don't know anything about them, they're not in the records
[01:53:17.800 --> 01:53:29.000]  so you file this, they don't answer, you move the court for default judgment, for a judgment
[01:53:29.000 --> 01:53:37.160]  on the facts and if there's no objection to them you almost certainly get it out of hand.
[01:53:37.160 --> 01:53:44.920]  Now what you have is Judicata, it's what Steve was talking about earlier in the show, where
[01:53:44.920 --> 01:53:53.280]  a judge has ruled on the facts and the law, like in this case the judge had determined
[01:53:53.280 --> 01:54:00.240]  that he didn't have jurisdiction and overturned the whole thing but his ruling was still valid,
[01:54:00.240 --> 01:54:09.080]  if you get a ruling saying this document is void then the deed of trust is unenforceable,
[01:54:09.080 --> 01:54:14.320]  now you go in if they're trying to foreclose or something, now you go in with the challenge
[01:54:14.320 --> 01:54:23.680]  to subject matter jurisdiction, they make their claim of jurisdiction based on the validity
[01:54:23.680 --> 01:54:31.840]  of the original mortgage and each assignment in the record, now you've taken one of those
[01:54:31.840 --> 01:54:42.760]  out of the record, now they have a gap they can't get across, they're toast, they can't
[01:54:42.760 --> 01:54:49.720]  bridge that gap after the fact, it's too late, like when he says that bell is already rung.
[01:54:49.720 --> 01:54:58.520]  Once the judge has made the ruling a subsequent judge cannot go back and re-examine the issue
[01:54:58.520 --> 01:55:06.240]  unless there's new evidence and this is done based on the county record that's in the past
[01:55:06.240 --> 01:55:14.920]  so it's not going to change, so that would be an incontrovertible ruling and now these
[01:55:14.920 --> 01:55:23.080]  guys can't get past you, well they can because the courts are corrupt, what that will do
[01:55:23.080 --> 01:55:26.800]  is that will give you leverage to bring them to the table and make a deal you can't pass
[01:55:26.800 --> 01:55:27.800]  up.
[01:55:27.800 --> 01:55:36.320]  I really don't care about the deal anymore, the house I live in right now, if I lost I
[01:55:36.320 --> 01:55:39.720]  lost that, I'm moving to Florida, I have a house there but I just don't like to fall
[01:55:39.720 --> 01:55:44.160]  if they've done to everybody so I'm fighting the fight just to fight them now.
[01:55:44.160 --> 01:55:49.280]  Make them pay, there's a good chance they'll write you a check to get you to go away, that's
[01:55:49.280 --> 01:55:56.400]  the only thing they pay attention to, that's how they keep scores by the money they spend,
[01:55:56.400 --> 01:56:05.640]  so make them spend some money and if you get a few extra bucks in the process, wonderful
[01:56:05.640 --> 01:56:09.480]  but what you will get in the process is a really good education.
[01:56:09.480 --> 01:56:12.760]  No absolutely, I appreciate it like I said, I listen to the show every week, I learn more
[01:56:12.760 --> 01:56:18.840]  every week and like I said, just like what the lawyer is talking about though, and my
[01:56:18.840 --> 01:56:22.160]  buddy even said the same thing, he's a lawyer, 50 people go in front of a judge a day and
[01:56:22.160 --> 01:56:26.720]  everyone says how the rights have been violated and the banks have done this to him, the banks
[01:56:26.720 --> 01:56:32.120]  have done that to him, but it's all hearsay, you need that analysis to back up what you're
[01:56:32.120 --> 01:56:33.120]  saying.
[01:56:33.120 --> 01:56:40.200]  Exactly, that's why I do the analysis that I do, they were talking about you need to
[01:56:40.200 --> 01:56:47.320]  be an expert witness to get it in, what I do doesn't because this is what's in the county
[01:56:47.320 --> 01:56:52.760]  record and I don't do it, it don't come from me, it comes from the client.
[01:56:52.760 --> 01:56:58.120]  The client says this is what's in the county record, this is irrefutable, it cannot be
[01:56:58.120 --> 01:57:01.560]  argued against as facts.
[01:57:01.560 --> 01:57:07.200]  Now the conclusions we come to from the facts, that's debatable but the facts are the facts
[01:57:07.200 --> 01:57:14.720]  and those you can get in without question and then you put your case law and show how
[01:57:14.720 --> 01:57:22.760]  these facts fit together to come to your conclusion, now you've got something you can adjudicate,
[01:57:22.760 --> 01:57:31.600]  and always no pronouns, no acronyms, I just wrote a document, I put Wachovia mortgage
[01:57:31.600 --> 01:57:39.680]  company in there I bet 50 times, always put it in there, don't put no darn acronym because
[01:57:39.680 --> 01:57:51.600]  it stops the mental flow, the mind has to stop and make sure W-M-C, oh that means Wachovia
[01:57:51.600 --> 01:57:57.640]  mortgage company and it stops your mental flow, if I want to trigger amnesia I'll just
[01:57:57.640 --> 01:58:04.600]  do a pattern interruption, no acronyms, no pronouns because a lawyer will misconstrue
[01:58:04.600 --> 01:58:11.320]  who the pronoun refers to, never make a proactive statement of law out of your own mouth, make
[01:58:11.320 --> 01:58:17.040]  it out of the mouth of the courts and never write a document yourself if you can please
[01:58:17.040 --> 01:58:22.240]  you out somebody else's and that's the most important thing to know.
[01:58:22.240 --> 01:58:29.420]  Okay we are out of time, Julius, Ryan I'm sorry we didn't get to you, Kelly popped
[01:58:29.420 --> 01:58:35.680]  in and took up a little more time than usual and I apologize for that but I think it was
[01:58:35.680 --> 01:58:41.520]  well worth it, thank you all for listening, call us back Monday Julius and Ryan, we'll
[01:58:41.520 --> 01:58:50.760]  take you early, right away so thank you all for listening and good night.
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