ROL_2014-12-19_16k_Hr3-4.timecode

[00:00.000 --> 00:08.220]  This is The Liberty Beat, your daily source for Liberty News and activist updates online
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[00:10.040 --> 00:14.560]  I'm Brian Hagan with your Liberty Beat for Friday, December 12, 2014.
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[00:48.400 --> 00:53.120]  In the news, after years of ignoring the sovereignty of indigenous Americans, the federal government
[00:53.120 --> 00:58.040]  has now stated they will give tribes permission to grow and sell cannabis on their land.
[00:58.040 --> 01:01.920]  The Department of Justice announced the move Thursday, stating that the new rule would
[01:01.920 --> 01:06.800]  be implemented on a case-by-case basis.
[01:06.800 --> 01:11.200]  A new report from the World Wide Web Foundation found that surveillance of the Internet and
[01:11.200 --> 01:13.520]  censorship are both increasing.
[01:13.520 --> 01:17.600]  Tim Berners-Lee, the inventor of the World Wide Web, is head of the foundation.
[01:17.600 --> 01:20.520]  He is called for the Internet to be made a basic human right.
[01:20.520 --> 01:25.360]  The research showed that 83% of the 86 countries listed in the index had privacy safeguards
[01:25.360 --> 01:27.160]  that were weak to non-existent.
[01:27.160 --> 01:31.120]  They also found that web and social media had a large effect on citizen action, and
[01:31.120 --> 01:35.280]  only a quarter of nations have clear rules against political discrimination in Internet
[01:35.280 --> 01:39.120]  traffic management, and only a quarter of nations have clear rules against political
[01:39.120 --> 01:44.960]  discrimination in Internet traffic management.
[01:44.960 --> 01:48.800]  Several advocacy groups from around the globe have joined together to demand the release
[01:48.800 --> 01:51.640]  of the tax to be controversial trans-pacific partnership.
[01:51.640 --> 01:56.360]  Today, a representative with Open Media International will present a letter from the Coalition
[01:56.360 --> 02:01.320]  to TPP Delegates at the TPP Negotiations in Washington, D.C.
[02:01.320 --> 02:05.400]  The letter calls for open debate and transparency for the trade deal, which critics say will
[02:05.400 --> 02:09.920]  threaten national sovereignty and increase restrictive intellectual property laws.
[02:09.920 --> 02:13.320]  Previous versions of the secret text have been leaked by WikiLeaks.
[02:13.320 --> 02:17.800]  The Coalition includes the Electronic Frontier Foundation, Fight for the Future, Food and
[02:17.800 --> 02:20.880]  Water Watch, and the Government Accountability Project.
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[02:53.160 --> 02:57.280]  This is the Liberty Beat for Friday, December 12, 2014.
[02:57.280 --> 03:23.280]  Check out the website at thelibertybeat.com.
[03:23.280 --> 03:53.120]  Okay, we are now at the Liberty Beat for Friday, December 12, 2014.
[03:53.120 --> 03:54.120]  We are back.
[03:54.120 --> 04:03.120]  Randy Kelton, Steve Skidmore, Real Water Radio, and we're talking to Walt Dean in New York.
[04:03.120 --> 04:04.120]  Right, okay.
[04:04.120 --> 04:07.120]  I want to make sure I got the right one.
[04:07.120 --> 04:08.120]  Hello, Walt.
[04:08.120 --> 04:11.120]  Can you hear me okay, Randy?
[04:11.120 --> 04:13.120]  Yes, I can.
[04:13.120 --> 04:16.120]  Okay, because I can't have my mute button on.
[04:16.120 --> 04:17.120]  Okay, Randy, I want to ask you again.
[04:17.120 --> 04:23.120]  I had this case with the New York State Division of Human Rights against this corporation, and
[04:23.120 --> 04:32.120]  the forms that I filled in, I have to sign a statement, you know, affirming that under
[04:32.120 --> 04:37.120]  penalty of perjury, if I could be, you know, if I lied about anything, it's, you know,
[04:37.120 --> 04:39.120]  I can go to jail.
[04:39.120 --> 04:41.120]  But here's the thing.
[04:41.120 --> 04:48.120]  The attorney for the corporation sends in a position statement, and they're not required
[04:48.120 --> 04:50.120]  to do that.
[04:50.120 --> 05:01.120]  That's because what a lawyer files is presumed to be under oath.
[05:01.120 --> 05:07.120]  So he's under oath whether he verifies or not.
[05:07.120 --> 05:10.120]  Will you tell me what law that is?
[05:10.120 --> 05:12.120]  I don't think that's in law.
[05:12.120 --> 05:13.120]  It may be.
[05:13.120 --> 05:18.120]  I've seen it in case law, but it's been a long time.
[05:18.120 --> 05:26.120]  It is a presumption that the courts hold based on his oath of office on on his not his
[05:26.120 --> 05:32.120]  oath of office on his when he filed to get his license.
[05:32.120 --> 05:34.120]  This was one of the conditions.
[05:34.120 --> 05:40.120]  I'm trying to remember exactly where that's at.
[05:40.120 --> 05:43.120]  Can I ask you this, too?
[05:43.120 --> 05:48.120]  The statement the attorney sent in, their reply was called a position statement.
[05:48.120 --> 05:50.120]  Now, what is that, Randy?
[05:50.120 --> 05:51.120]  Don't know.
[05:51.120 --> 05:58.120]  This is, you know, you're in New York, so they, you know, they call the lowest court
[05:58.120 --> 06:00.120]  in New York the supreme.
[06:00.120 --> 06:05.120]  That's going to be a term of art.
[06:05.120 --> 06:11.120]  I could look it up, but I'm sure that, you know, it's going to be a term of art
[06:11.120 --> 06:16.120]  peculiar to New York.
[06:16.120 --> 06:21.120]  I look up in black law dictionary and it's not stated in there.
[06:21.120 --> 06:29.120]  Yeah, you're probably, this is, that's because this is particular to New York.
[06:29.120 --> 06:33.120]  I don't multitask well.
[06:33.120 --> 06:37.120]  Position statement, New York.
[06:37.120 --> 06:41.120]  See what I get.
[06:41.120 --> 06:52.120]  Position statement doesn't give me that put in definition.
[06:52.120 --> 06:53.120]  Okay.
[06:53.120 --> 06:57.120]  What is a position statement?
[06:57.120 --> 07:01.120]  Oops, I missed it again.
[07:01.120 --> 07:06.120]  I had it on the top and it dumped it.
[07:06.120 --> 07:10.120]  Statements definition of it.
[07:10.120 --> 07:12.120]  That's annoying.
[07:12.120 --> 07:14.120]  Okay.
[07:14.120 --> 07:17.120]  I kind of think I know what it is.
[07:17.120 --> 07:20.120]  I suspect it's going to be a brief in support.
[07:20.120 --> 07:25.120]  But here I found the definition.
[07:25.120 --> 07:34.120]  I hate pop ups.
[07:34.120 --> 07:39.120]  Well, they had a pop up on the page and I had to shut the whole thing off to get to it.
[07:39.120 --> 07:40.120]  How annoying.
[07:40.120 --> 07:44.120]  The time I don't want to have to spend time on something that does that to me,
[07:44.120 --> 07:51.120]  but just do an internet search for position state definition position statement, New York.
[07:51.120 --> 07:56.120]  But I'm sure that's going to be a brief in support.
[07:56.120 --> 07:57.120]  All right, Randy.
[07:57.120 --> 08:00.120]  Can I just make a quick comment before I leave?
[08:00.120 --> 08:01.120]  Yes.
[08:01.120 --> 08:02.120]  Okay.
[08:02.120 --> 08:07.120]  Randy, back in the early 1960s, this isn't about law.
[08:07.120 --> 08:13.120]  This is about the, I knew this young man, his name was Randy, like yours.
[08:13.120 --> 08:16.120]  And he was a very interesting person.
[08:16.120 --> 08:17.120]  Nobody could quite figure him out.
[08:17.120 --> 08:18.120]  He was a nice person.
[08:18.120 --> 08:19.120]  He died young.
[08:19.120 --> 08:22.120]  But we had a name for him.
[08:22.120 --> 08:25.120]  And it was, we used to call him Randy the Ransford.
[08:25.120 --> 08:28.120]  Have you ever been called the Ransford before?
[08:28.120 --> 08:31.120]  No.
[08:31.120 --> 08:32.120]  Okay.
[08:32.120 --> 08:35.120]  I just thought I'd tell you that.
[08:35.120 --> 08:39.120]  What does that mean?
[08:39.120 --> 08:40.120]  I'm not sure.
[08:40.120 --> 08:46.120]  I mean, he was a very, this fellow was totally different from everybody else.
[08:46.120 --> 08:50.120]  You could say maybe he was sort of like a hippie a little bit, but he wasn't.
[08:50.120 --> 08:52.120]  He was very smart.
[08:52.120 --> 08:55.120]  And he had this, this hot rod.
[08:55.120 --> 08:57.120]  He had a 1932 for pickup truck.
[08:57.120 --> 08:59.120]  He was building ground up.
[08:59.120 --> 09:00.120]  He boxed the frame.
[09:00.120 --> 09:02.120]  I mean, this guy was really good.
[09:02.120 --> 09:05.120]  And everybody just called him Randy the Ransford.
[09:05.120 --> 09:07.120]  And that was it.
[09:07.120 --> 09:10.120]  And that one, I, you know, and I speak to you now that reminds me of him.
[09:10.120 --> 09:11.120]  He passed away young.
[09:11.120 --> 09:13.120]  I don't know what, I don't know what happened.
[09:13.120 --> 09:14.120]  He might have been into drugs.
[09:14.120 --> 09:18.120]  But this was about 1963 when I remember when I knew him.
[09:18.120 --> 09:20.120]  He does sound like an interesting person.
[09:20.120 --> 09:23.120]  And he does sound a lot like me.
[09:23.120 --> 09:31.120]  You know, I used to be a, I was a mechanic on high performance equipment in the 60s.
[09:31.120 --> 09:33.120]  Yeah, that's how he was into that.
[09:33.120 --> 09:39.120]  He had this, he was the only fellow in Rochester, New York that had such a vehicle like that.
[09:39.120 --> 09:44.120]  I mean, he, he took the 32 Ford frame and he boxed it.
[09:44.120 --> 09:47.120]  I mean, it was, he was just seeing the quality.
[09:47.120 --> 09:51.120]  It was, you don't find that kind of work today by anybody.
[09:51.120 --> 09:56.120]  When I was in Florida, I put a 426 Hemi and a Henry J.
[09:56.120 --> 09:58.120]  Oh my goodness.
[09:58.120 --> 09:59.120]  They wanted me to drive it.
[09:59.120 --> 10:03.120]  I told them, not in this lifetime.
[10:03.120 --> 10:07.120]  The guy put 10 inch slicks on it, unloaded it the first time.
[10:07.120 --> 10:15.120]  And when he, when he got it under control, the right wheel was about six inches off the pavement.
[10:15.120 --> 10:19.120]  It just twisted the frame.
[10:19.120 --> 10:20.120]  Yeah, I used to do it.
[10:20.120 --> 10:26.120]  He could even control a short wheel, big Henry J with a 426 Hemi in it.
[10:26.120 --> 10:27.120]  It was a monster.
[10:27.120 --> 10:32.120]  We had to move the front seat back to the back seat, move the firewall back to make room for it.
[10:32.120 --> 10:34.120]  But yeah, I used to do a lot of that stuff.
[10:34.120 --> 10:39.120]  I was a machinist, a mechanic, a welder, a plumber, a carpenter.
[10:39.120 --> 10:44.120]  I can build your house from the ground up concrete roof, wiring.
[10:44.120 --> 10:46.120]  I'm an electrical engineer.
[10:46.120 --> 10:49.120]  I do too many things.
[10:49.120 --> 10:56.120]  It makes me not really good at any level.
[10:56.120 --> 10:57.120]  Okay.
[10:57.120 --> 10:58.120]  Thank you.
[10:58.120 --> 11:00.120]  And thank you so much, sir.
[11:00.120 --> 11:05.120]  Alrighty, now we're going to go to Matt in Texas.
[11:05.120 --> 11:08.120]  Hello, Matt.
[11:08.120 --> 11:09.120]  Hi, Aaron.
[11:09.120 --> 11:16.120]  Instead of calling you Ransford, I think we should just call you a Renaissance man, because that's what you just said you were, man.
[11:16.120 --> 11:17.120]  Good to talk to you again.
[11:17.120 --> 11:19.120]  Thank you very much.
[11:19.120 --> 11:26.120]  I have a question, and it's all tied together with the things that are being discussed tonight.
[11:26.120 --> 11:48.120]  I have a case that I've talked with you a little bit about before in which I have a plaintiff's attorney that's filed a lawsuit here where they assert that the last payment made on the mortgage in question was in 2007.
[11:48.120 --> 11:52.120]  This lawsuit was filed.
[11:52.120 --> 11:58.120]  Oh, excuse me, that was, that's good.
[11:58.120 --> 11:59.120]  Thank you.
[11:59.120 --> 12:03.120]  2007 and they're still trying to collect.
[12:03.120 --> 12:25.120]  Well, they filed this August 13, 2013, in my great ignorance at the time, I didn't make a, as I understand it's called here in Texas, a plea to the jurisdiction, or I didn't at that time motion for summary judgment because it was beyond the statute of limitations and thus it would be barred.
[12:25.120 --> 12:37.120]  I made a response at that time in ignorance, and I noted that I had attempted to make payments subsequent or after 2007, I attempted to make payments.
[12:37.120 --> 12:49.120]  I even submitted a Western Union return receipt where Chase had actually returned one of my payments because they didn't want to do a work out.
[12:49.120 --> 12:52.120]  Okay, hold on, hold on.
[12:52.120 --> 12:58.120]  Did they accept any of your payments?
[12:58.120 --> 12:59.120]  They did.
[12:59.120 --> 13:05.120]  Did they give you notice that they cleared the default?
[13:05.120 --> 13:09.120]  No, never gave me a notice of clear default.
[13:09.120 --> 13:12.120]  Okay, did no problem.
[13:12.120 --> 13:16.120]  This goes to subject matter jurisdiction.
[13:16.120 --> 13:28.120]  Subject matter jurisdiction may be challenged no matter how remote in history, and you cannot waive subject matter jurisdiction.
[13:28.120 --> 13:35.120]  The plaintiff in this case had no standing to invoke the subject matter jurisdiction.
[13:35.120 --> 13:36.120]  Oh, hold on, hold on.
[13:36.120 --> 13:38.120]  We're in Texas.
[13:38.120 --> 13:40.120]  Well, forgive me.
[13:40.120 --> 13:43.120]  In this case, I'm in Arkansas.
[13:43.120 --> 13:44.120]  Okay, okay.
[13:44.120 --> 13:51.120]  What is the statute of limitations in Arkansas on collecting a lien against real property?
[13:51.120 --> 13:56.120]  It's five years, whether it's a signature under seal or not under seal.
[13:56.120 --> 13:58.120]  Same thing.
[13:58.120 --> 14:00.120]  Okay, did you...
[14:00.120 --> 14:02.120]  Okay, now we're going month to month.
[14:02.120 --> 14:06.120]  Were they within the five year...
[14:06.120 --> 14:13.120]  Since it was 2007 to 2013, what months did you default and what months did they file?
[14:13.120 --> 14:20.120]  Oh, well, 2007 to 2013 is beyond six years.
[14:20.120 --> 14:22.120]  There it is.
[14:22.120 --> 14:23.120]  Oh, I'm sorry.
[14:23.120 --> 14:24.120]  I'm brain dead.
[14:24.120 --> 14:27.120]  Seven and five is 12, not 13.
[14:27.120 --> 14:28.120]  Okay, forget...
[14:28.120 --> 14:30.120]  I asked that stupid question.
[14:30.120 --> 14:37.120]  Okay, in Arkansas, is that a mortgage state?
[14:37.120 --> 14:45.120]  Did they have to sue for close?
[14:45.120 --> 14:55.120]  You know, they don't have to, but in 2011, the state made it harder for them to do the non-judicial foreclosure.
[14:55.120 --> 14:59.120]  Okay, so they did file an action.
[14:59.120 --> 15:01.120]  They filed...
[15:01.120 --> 15:03.120]  You mean non-judicial action?
[15:03.120 --> 15:20.120]  No, what I'm getting at is in order to make a challenge to subject matter jurisdiction, there had to be an effort on the other party to invoke the subject matter jurisdiction of the court.
[15:20.120 --> 15:23.120]  So in Texas, you can foreclose without it.
[15:23.120 --> 15:33.120]  So subject matter jurisdiction is not something we could use to stop a foreclosure, we can use it to stop an eviction, but not a foreclosure.
[15:33.120 --> 15:39.120]  So if they had to file a legal action, now we can go to subject matter jurisdiction.
[15:39.120 --> 15:51.120]  And you could say plaintiff had no standing to invoke the subject matter jurisdiction of the court.
[15:51.120 --> 16:01.120]  It's not that the court would not have had jurisdiction and venue over a proper case of this type.
[16:01.120 --> 16:09.120]  But this particular plaintiff had no power to invoke that subject matter jurisdiction.
[16:09.120 --> 16:15.120]  He could not bring a bona fide controversy before the court.
[16:15.120 --> 16:17.120]  Does that make sense?
[16:17.120 --> 16:19.120]  Right.
[16:19.120 --> 16:27.120]  In all the sense of the world, what I'm curious about is I've made mistakes through the process.
[16:27.120 --> 16:33.120]  If you go to subject matter jurisdiction, you don't make any difference what you did.
[16:33.120 --> 16:35.120]  You can't waive it.
[16:35.120 --> 16:39.120]  If they've never had it, you can't give it to them.
[16:39.120 --> 16:45.120]  I know there's a lot of guys out there in the Patriot community that say otherwise, but I'll address that when we come back on the other side.
[16:45.120 --> 16:53.120]  Randy Kelton, Steve Skidmore, Rubella Radio, I call it number 512-646-1984.
[16:53.120 --> 16:59.120]  We've got three slots open, so give us a call. We'll be right back.
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[19:00.120 --> 19:05.120]  You are listening to the Logos Radio Network.
[19:05.120 --> 19:10.120]  Logos Radio Network.com.
[19:10.120 --> 19:14.120]  Well, don't let nothing get to you.
[19:14.120 --> 19:17.120]  Only the father can do this for you.
[19:17.120 --> 19:20.120]  And don't let bad-mine people hurt you.
[19:20.120 --> 19:23.120]  I tell Satan, get behind.
[19:23.120 --> 19:30.120]  Norman, my friend, my law judge, come on.
[19:39.120 --> 19:41.120]  Okay, we are back.
[19:41.120 --> 19:44.120]  Randy Kelton, Steve Skidmore, rule of law radio.
[19:44.120 --> 19:49.120]  And we're talking to Matt in Texas.
[19:49.120 --> 19:55.120]  I was reading a document on the break, where were we?
[19:55.120 --> 20:14.120]  We were talking about the fact that, and you were bringing up that a plea to the jurisdiction or the fact that you can challenge the subject matter jurisdiction is something that would have allowed me to completely dismiss their cause of action immediate.
[20:14.120 --> 20:17.120]  Yeah, you can still do it.
[20:17.120 --> 20:18.120]  Here's an example.
[20:18.120 --> 20:20.120]  I have a father.
[20:20.120 --> 20:22.120]  Wait, wait, hold on.
[20:22.120 --> 20:28.120]  Say you have a ticket, but you don't trust the judge.
[20:28.120 --> 20:30.120]  So I tell you, no problem.
[20:30.120 --> 20:33.120]  I'll be the judge.
[20:33.120 --> 20:38.120]  And we hold a hearing and I throw the ticket out.
[20:38.120 --> 20:43.120]  Can you make me the judge?
[20:43.120 --> 20:45.120]  Can I make you the judge?
[20:45.120 --> 20:47.120]  Yeah.
[20:47.120 --> 20:58.120]  Is there anything you can do that would give me authority to rule in your case?
[20:58.120 --> 21:01.120]  Maybe I might do that by signing the ticket.
[21:01.120 --> 21:02.120]  I don't know exactly.
[21:02.120 --> 21:03.120]  No, no, no.
[21:03.120 --> 21:07.120]  I'm talking about making me the judge.
[21:07.120 --> 21:08.120]  Oh, can you?
[21:08.120 --> 21:09.120]  You Randy Kelton?
[21:09.120 --> 21:11.120]  Yeah.
[21:11.120 --> 21:13.120]  I don't know if I could.
[21:13.120 --> 21:15.120]  I'd be very happy to do it.
[21:15.120 --> 21:26.120]  The thing is, I don't have subject matter jurisdiction and there is not anything you can do to give me subject matter jurisdiction.
[21:26.120 --> 21:37.120]  If the court does not have subject matter jurisdiction, there is not anything you can do to give it subject matter jurisdiction.
[21:37.120 --> 21:49.120]  And we're saying that the plaintiff did not bring before the court a bona fide, bona fide controversy.
[21:49.120 --> 21:57.120]  Therefore, he could not invoke the subject matter jurisdiction of the court so the court don't have it.
[21:57.120 --> 22:07.120]  And no matter what you've done after that makes no difference, nothing you can do can give that court subject matter jurisdiction.
[22:07.120 --> 22:09.120]  I follow there.
[22:09.120 --> 22:16.120]  The complication arises in my case in that that would have been a great thing to do immediately.
[22:16.120 --> 22:17.120]  They completed the jurisdiction.
[22:17.120 --> 22:19.120]  I've got a great document that does it.
[22:19.120 --> 22:21.120]  Might actually even come from you.
[22:21.120 --> 22:34.120]  But as far as things go, I noted in my response that I had made an attempt to make payments after 2007.
[22:34.120 --> 22:44.120]  More or less noting that the plaintiff in this case or the attorneys who were bringing lawsuit simply didn't have the facts right.
[22:44.120 --> 22:46.120]  And in this case as it...
[22:46.120 --> 22:47.120]  Hold on.
[22:47.120 --> 22:48.120]  There's a problem.
[22:48.120 --> 22:50.120]  There's a problem here.
[22:50.120 --> 22:59.120]  If you go there, then you're stipulating to jurisdiction.
[22:59.120 --> 23:07.120]  If it's me, we don't go anywhere until I get a ruling on subject matter jurisdiction.
[23:07.120 --> 23:12.120]  We come to the court at arm's length.
[23:12.120 --> 23:20.120]  And we have some people have a guy in North Carolina, he goes to the court and he walks up to the bar.
[23:20.120 --> 23:23.120]  He does not pass the bar.
[23:23.120 --> 23:30.120]  He tells the court, I'm here at arm's length to the court to challenge the jurisdiction of the court.
[23:30.120 --> 23:35.120]  And he doesn't pass the bar until the court proves up jurisdiction.
[23:35.120 --> 23:41.120]  I don't suggest you go that far because crossing the bar does make any difference.
[23:41.120 --> 23:43.120]  But don't...
[23:43.120 --> 23:45.120]  I suggest...
[23:45.120 --> 23:47.120]  Yeah, don't argue anything.
[23:47.120 --> 23:50.120]  You can stop at any time.
[23:50.120 --> 23:52.120]  If you...
[23:52.120 --> 23:58.120]  At any time you can realize that you have a right to challenge subject matter jurisdiction.
[23:58.120 --> 24:03.120]  If you file a challenge subject matter jurisdiction and they object that it's untimely...
[24:03.120 --> 24:05.120]  Objection.
[24:05.120 --> 24:08.120]  You're relevant.
[24:08.120 --> 24:19.120]  Because I used an example earlier on the Wells Fargo chase issue where I went into court and...
[24:19.120 --> 24:21.120]  I'm sorry, that's not the wrong one.
[24:21.120 --> 24:22.120]  I went into court.
[24:22.120 --> 24:25.120]  Oh yeah, it was the same hearing, I think I mentioned this earlier.
[24:25.120 --> 24:30.120]  Where I filed a challenge subject matter jurisdiction two hours before the court started.
[24:30.120 --> 24:33.120]  30 page challenge.
[24:33.120 --> 24:38.120]  And the lawyer on the other side objected.
[24:38.120 --> 24:45.120]  He said, Your Honor, this document with this motion was not timely filed.
[24:45.120 --> 24:47.120]  So I object to your hearing.
[24:47.120 --> 24:50.120]  And I said, Your Honor, this is not a motion.
[24:50.120 --> 24:52.120]  This is a pleading.
[24:52.120 --> 24:54.120]  And he knows better than that.
[24:54.120 --> 24:56.120]  And the judge said, Yes, yes, Mr. Calcon.
[24:56.120 --> 24:57.120]  I understand.
[24:57.120 --> 25:00.120]  We were objections overruled.
[25:00.120 --> 25:03.120]  The judge was really, really annoyed.
[25:03.120 --> 25:05.120]  He said he had another...
[25:05.120 --> 25:11.120]  Had a meeting he had to go to in Fort Worth and we're way north of Dallas.
[25:11.120 --> 25:14.120]  And I didn't care.
[25:14.120 --> 25:17.120]  He was upset because he got this two hours before this hearing.
[25:17.120 --> 25:21.120]  And I insisted that he read the whole document.
[25:21.120 --> 25:23.120]  And he did.
[25:23.120 --> 25:27.120]  So makes no difference when you file it.
[25:27.120 --> 25:40.120]  Just forget that anything you argue, you argue waving the claim of jurisdiction.
[25:40.120 --> 25:50.120]  Now, you can effectively wave a subject matter jurisdiction challenge by not bringing it.
[25:50.120 --> 25:52.120]  I did that already.
[25:52.120 --> 26:07.120]  But so up to this point, you can't complain at the court for acting as if it has jurisdiction because it has no reason to believe it doesn't have jurisdiction.
[26:07.120 --> 26:13.120]  But once you challenge it, now everything must stop.
[26:13.120 --> 26:19.120]  And before the court can proceed, the court must prove up jurisdiction.
[26:19.120 --> 26:27.120]  So when I go into the court of the challenge subject matter jurisdiction, the other side doesn't respond to it.
[26:27.120 --> 26:29.120]  The judge reads it and denies it.
[26:29.120 --> 26:32.120]  That's criminal.
[26:32.120 --> 26:33.120]  Right.
[26:33.120 --> 26:34.120]  Okay.
[26:34.120 --> 26:37.120]  And we're filing criminal against them.
[26:37.120 --> 26:43.120]  We have some really unhappy JPs here in the Dallas, Fort Worth area.
[26:43.120 --> 26:51.120]  I went into one in Garland, Texas, filed my challenge subject matter jurisdiction, judge didn't read it.
[26:51.120 --> 27:04.120]  So he gave his ruling and I said, Your Honor, are you really going to deny that challenge to subject matter jurisdiction without even reading it?
[27:04.120 --> 27:06.120]  I made my decision, Mr. Kelton.
[27:06.120 --> 27:08.120]  And I smiled at him.
[27:08.120 --> 27:10.120]  I said, Yes, Your Honor.
[27:10.120 --> 27:15.120]  Thank you. And I turned to the bailiff. You come with me.
[27:15.120 --> 27:17.120]  Go out in the hall.
[27:17.120 --> 27:25.120]  And I asked the bailiff to go in there and drag that judge down off that bench and throw him in jail where he belongs.
[27:25.120 --> 27:27.120]  And the bailiff refused.
[27:27.120 --> 27:28.120]  I told him this.
[27:28.120 --> 27:36.120]  He turned and started walking away from me and I said, Mr. Bailiff, you need to take your kicking suit off.
[27:36.120 --> 27:48.120]  And he kind of froze in his tracks and he turned around real slow and he said, Mr. Kelton called for.
[27:48.120 --> 27:51.120]  And I said, Yes, it was called for.
[27:51.120 --> 27:53.120]  You stinking coward.
[27:53.120 --> 27:59.120]  You observed that judge committed a criminal act from the bench and you stood there and did nothing.
[27:59.120 --> 28:06.120]  And now when it's brought to your attention, you're refusing to keep the peace in the courtroom. It makes no difference who breaches it.
[28:06.120 --> 28:08.120]  Well, I'm not going to arrest the judge.
[28:08.120 --> 28:10.120]  Then you're dismissed.
[28:10.120 --> 28:12.120]  Please get out of my sight.
[28:12.120 --> 28:14.120]  I don't even want to see you.
[28:14.120 --> 28:16.120]  The guy was so angry.
[28:16.120 --> 28:18.120]  He was shaking.
[28:18.120 --> 28:26.120]  I don't know why I've been had two collarbones broken, three dislocated ribs and a broken elbow.
[28:26.120 --> 28:29.120]  I have no every and one tooth knocked out.
[28:29.120 --> 28:32.120]  I don't know why they do that to me.
[28:32.120 --> 28:43.120]  But we subsequently filed criminal charges against that JP with another JP who sent the complaints back to me telling me I filed him in the wrong court.
[28:43.120 --> 28:48.120]  I took him to the district attorney and he refused to take him.
[28:48.120 --> 28:54.120]  And then the district attorney unexpectedly got voted out of office.
[28:54.120 --> 29:03.120]  We just had the guy I work with went into the second JP who we had given the complaints to.
[29:03.120 --> 29:07.120]  And we tried to recuse him three or four times.
[29:07.120 --> 29:10.120]  They just ignore our pleadings.
[29:10.120 --> 29:12.120]  He walked into the courtroom.
[29:12.120 --> 29:18.120]  The judge took one look at him stood up said, we can't have this hearing.
[29:18.120 --> 29:22.120]  I'm refusing myself to have the government walked out.
[29:22.120 --> 29:25.120]  They are terrified.
[29:25.120 --> 29:32.120]  This Judge Cooper, the one I filed against, he is a lawyer.
[29:32.120 --> 29:37.120]  He cannot claim he did not know better.
[29:37.120 --> 29:39.120]  That was criminal.
[29:39.120 --> 29:44.120]  And I'm going to do everything I can to get him indicted.
[29:44.120 --> 29:46.120]  Hang on, Randy Kelton.
[29:46.120 --> 29:52.120]  Please get more of our radio or call in number 512-646-1984.
[29:52.120 --> 29:53.120]  Call lines are open.
[29:53.120 --> 29:55.120]  If you've got a question or comment, give us a call.
[29:55.120 --> 30:03.120]  We'll be right back.
[30:03.120 --> 30:07.120]  Ah, that new car smell.
[30:07.120 --> 30:09.120]  Well, maybe it's not so great after all.
[30:09.120 --> 30:12.120]  In fact, it could be downright bad for your health.
[30:12.120 --> 30:16.120]  I'm Dr. Catherine Albrecht and I'll be right back to tell you why it stinks.
[30:43.120 --> 30:47.120]  There is nothing quite like that new car smell,
[30:47.120 --> 30:52.120]  but it turns out it's actually the smell of some very toxic chemicals.
[30:52.120 --> 30:56.120]  The 250 pounds of plastic adhesive and foam in every new car
[30:56.120 --> 31:00.120]  release toxic benzene, acetone and formaldehyde.
[31:00.120 --> 31:03.120]  These chemicals can cause cancer and are linked to birth defects,
[31:03.120 --> 31:06.120]  impaired learning and premature births.
[31:06.120 --> 31:09.120]  One recent study looked at the air inside of six new cars
[31:09.120 --> 31:13.120]  and found more than 20 times the safe amount of those chemicals.
[31:13.120 --> 31:16.120]  Fortunately, they decay at the rate of about 20% a week,
[31:16.120 --> 31:20.120]  reaching normal indoor air quality levels in about six months.
[31:20.120 --> 31:24.120]  So buy your next car used or at least roll down the windows.
[31:24.120 --> 31:26.120]  I'm Dr. Catherine Albrecht.
[31:26.120 --> 31:50.120]  More news and information at CatherineAlbrecht.com.
[31:56.120 --> 32:01.120]  Call 888-910-4367 only at USA.org.
[32:26.120 --> 32:29.120]  Former Sheriff's Deputy Eddie Craig in conjunction with Rule of Law Radio
[32:29.120 --> 32:32.120]  has put together the most comprehensive teaching tool available
[32:32.120 --> 32:34.120]  that will help you understand what due process is
[32:34.120 --> 32:36.120]  and how to hold reports to the rule of law.
[32:36.120 --> 32:38.120]  You can get your own copy of this invaluable material
[32:38.120 --> 32:41.120]  by going to ruleoflawradio.com and ordering your copy today.
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[32:51.120 --> 32:53.120]  Learn how to fight for your rights with the help of this material
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[32:56.120 --> 32:58.120]  Order your copy today and together we can have
[32:58.120 --> 33:03.120]  a free society we all want and deserve.
[33:03.120 --> 33:12.120]  Live Free Speech Radio, LogosRadioNetwork.com.
[33:12.120 --> 33:38.120]  Okay, we are back. Randy Kelton, Steve Skidmore, Rule of Law Radio.
[33:38.120 --> 33:43.120]  And we're talking to Matt in Texas.
[33:43.120 --> 33:47.120]  This is the guy I'm trying to get you.
[33:47.120 --> 33:50.120]  I'm having a little issue with my page here.
[33:50.120 --> 33:53.120]  Give me just a second to get you unmuted.
[33:53.120 --> 33:54.120]  Sure.
[33:54.120 --> 33:55.120]  There we got it.
[33:55.120 --> 33:56.120]  Okay.
[33:56.120 --> 33:58.120]  Gotcha.
[33:58.120 --> 33:59.120]  Okay.
[33:59.120 --> 34:00.120]  Yeah.
[34:00.120 --> 34:04.120]  I can't over emphasize how important
[34:04.120 --> 34:08.120]  challenge subject matter jurisdiction is.
[34:08.120 --> 34:13.120]  That's the only time you can sue the judge.
[34:13.120 --> 34:16.120]  When he acts without subject matter jurisdiction,
[34:16.120 --> 34:19.120]  he has no immunity.
[34:19.120 --> 34:20.120]  Right.
[34:20.120 --> 34:24.120]  I made a mistake in my face and it's been going on now
[34:24.120 --> 34:26.120]  for more than a year.
[34:26.120 --> 34:29.120]  The mistake that I clearly made was I should have challenged
[34:29.120 --> 34:31.120]  that immediately and early.
[34:31.120 --> 34:34.120]  I mentioned that I had made efforts to make additional
[34:34.120 --> 34:36.120]  payments in my original response.
[34:36.120 --> 34:39.120]  I had no idea that I had a case at all even at that time
[34:39.120 --> 34:42.120]  and I couldn't find an attorney who could help me
[34:42.120 --> 34:45.120]  and I was impuring the rest.
[34:45.120 --> 34:50.120]  As it progressed, here's my real question here more or less.
[34:50.120 --> 34:53.120]  They put some admissions in front of me.
[34:53.120 --> 34:57.120]  I didn't respond to those in a timely manner.
[34:57.120 --> 35:02.120]  And in those admissions, one of them has something to do
[35:02.120 --> 35:09.120]  with the fact that I'm admitting that the plaintiff has
[35:09.120 --> 35:12.120]  standing to bring this lawsuit.
[35:12.120 --> 35:13.120]  Who cares?
[35:13.120 --> 35:14.120]  Who cares?
[35:14.120 --> 35:15.120]  Okay.
[35:15.120 --> 35:19.120]  Well, I'm wondering, I didn't respond to them in a timely
[35:19.120 --> 35:22.120]  fashion and a little bit of time went on and then they
[35:22.120 --> 35:24.120]  filed a motion for some of the judgment.
[35:24.120 --> 35:25.120]  So what?
[35:25.120 --> 35:30.120]  Well, but are we talking about subject matter
[35:30.120 --> 35:32.120]  jurisdiction still?
[35:32.120 --> 35:36.120]  That is the elephant in the corner.
[35:36.120 --> 35:40.120]  What if I mentioned that I made efforts to make payments
[35:40.120 --> 35:43.120]  post-2007, that would...
[35:43.120 --> 35:46.120]  So what?
[35:46.120 --> 35:48.120]  That's good.
[35:48.120 --> 35:54.120]  Does your offering to make payments nullify the statute
[35:54.120 --> 35:57.120]  of limitations?
[35:57.120 --> 36:02.120]  Don't look at nullify the statute of limitations.
[36:02.120 --> 36:05.120]  I'm telling you, there's...
[36:05.120 --> 36:07.120]  There ain't...
[36:07.120 --> 36:09.120]  You're fighting the fight.
[36:09.120 --> 36:11.120]  You're deep in the fight.
[36:11.120 --> 36:13.120]  You gotta back up.
[36:13.120 --> 36:20.120]  This is a problem people have is we get in the fight
[36:20.120 --> 36:23.120]  and we kind of lose our perspective.
[36:23.120 --> 36:25.120]  Let me give you an example.
[36:25.120 --> 36:28.120]  I had a friend that helped people with IRS issues.
[36:28.120 --> 36:31.120]  She was in Pennsylvania and the people she was helping
[36:31.120 --> 36:33.120]  wanted her to talk to the neighbor.
[36:33.120 --> 36:36.120]  So if you want to talk to the neighbor, they had a couple
[36:36.120 --> 36:41.120]  of IRS tax leads and they wanted to get rid of them.
[36:41.120 --> 36:43.120]  So she looked at them.
[36:43.120 --> 36:44.120]  Do you want to get rid of these?
[36:44.120 --> 36:45.120]  They said yes.
[36:45.120 --> 36:48.120]  You ripped them up through them in the trash can.
[36:48.120 --> 36:51.120]  And they said they were aghast and she said,
[36:51.120 --> 36:57.120]  guys, these expired two years ago and the IRS never renewed them.
[36:57.120 --> 37:01.120]  Well, they were infuriated.
[37:01.120 --> 37:06.120]  So they wrote a scathing letter to the IRS.
[37:06.120 --> 37:07.120]  And what'd they do?
[37:07.120 --> 37:10.120]  They reinstated names.
[37:10.120 --> 37:14.120]  They took their eye off the prize.
[37:14.120 --> 37:20.120]  They got so into the fight that it became about the fight.
[37:20.120 --> 37:28.120]  I keep telling you none of that crap means anything.
[37:28.120 --> 37:31.120]  But they have no subject matter jurisdiction.
[37:31.120 --> 37:36.120]  It makes no difference what you did or what you didn't do.
[37:36.120 --> 37:38.120]  No subject matter jurisdiction.
[37:38.120 --> 37:42.120]  They cannot get past it.
[37:42.120 --> 37:46.120]  Well, let me reformulate my question because I look
[37:46.120 --> 37:51.120]  at what you're saying, I believe I should have done it early on.
[37:51.120 --> 37:52.120]  Didn't know to do it.
[37:52.120 --> 37:53.120]  There I was.
[37:53.120 --> 38:02.120]  Problem is, as things progressed, maybe seven or eight months into the suit,
[38:02.120 --> 38:06.120]  I ran across a guy who was an attorney.
[38:06.120 --> 38:10.120]  He looked at this and said, this is filed past the statute of limitations.
[38:10.120 --> 38:12.120]  That's what we need to attack right now.
[38:12.120 --> 38:17.120]  So we filed a motion to amend my answer.
[38:17.120 --> 38:25.120]  Where in my answer, I'm no, no, no, no, you did stipulate the jurisdiction.
[38:25.120 --> 38:31.120]  The only way to address this is with a challenge subject matter jurisdiction.
[38:31.120 --> 38:33.120]  Well, that's it.
[38:33.120 --> 38:35.120]  Or have our own.
[38:35.120 --> 38:38.120]  Have our own jurisdiction.
[38:38.120 --> 38:40.120]  Forget all of this stuff.
[38:40.120 --> 38:47.120]  All of this stuff will, will die before a challenge subject matter jurisdiction.
[38:47.120 --> 38:55.120]  Now, keep in mind, your only purpose in the trial court is to set the record for appeal.
[38:55.120 --> 38:59.120]  You don't care what the trial court judge does.
[38:59.120 --> 39:08.120]  You come before the court and place before the court the facts in accordance with the rules of evidence.
[39:08.120 --> 39:17.120]  And you place the law before the court that tells the court how he should rule based on the facts.
[39:17.120 --> 39:28.120]  It is the only duty of the trial court to determine the facts and court rules of evidence and apply the laws that comes to him to the facts in the case.
[39:28.120 --> 39:32.120]  So you don't care what he does.
[39:32.120 --> 39:36.120]  All the actions in the court of appeals.
[39:36.120 --> 39:39.120]  That's where everybody wins their cases.
[39:39.120 --> 39:43.120]  So you're just setting the record for appeal.
[39:43.120 --> 39:47.120]  Get that challenge subject matter jurisdiction before the court.
[39:47.120 --> 39:52.120]  When the judge denies it, you file an interlocutory appeal.
[39:52.120 --> 39:57.120]  Take it straight to the court of appeals and they're going to say.
[39:57.120 --> 39:59.120]  Clock is run.
[39:59.120 --> 40:04.120]  We can't, we can't back up the clock.
[40:04.120 --> 40:07.120]  All this other stuff, you're getting caught up in the fight.
[40:07.120 --> 40:09.120]  Forget about it.
[40:09.120 --> 40:14.120]  You have the best claim you could have.
[40:14.120 --> 40:19.120]  And the other side hopes you don't ever figure this out.
[40:19.120 --> 40:21.120]  Well, I've figured out a lot.
[40:21.120 --> 40:23.120]  I haven't brought you a transfer.
[40:23.120 --> 40:25.120]  I have all kinds of things.
[40:25.120 --> 40:37.120]  In my case, I won a motion for partial summary judgment based on the statute of limitations having run.
[40:37.120 --> 40:46.120]  I didn't challenge subject matter jurisdiction exactly, but more or less I was saying that this has been filed past the statute of limitations.
[40:46.120 --> 40:54.120]  I won, they later on tried to non-suit the case and that appeared on 10.
[40:54.120 --> 41:01.120]  I noted in a response that they can't non-suit the case without it being dismissed with prejudice.
[41:01.120 --> 41:04.120]  Wait a minute, wait a minute, hold on.
[41:04.120 --> 41:08.120]  Let them non-suit.
[41:08.120 --> 41:10.120]  They can't refile.
[41:10.120 --> 41:14.120]  Might have been a good idea back then.
[41:14.120 --> 41:19.120]  They were, according to the judge's order, they were attempting to non-suit the case.
[41:19.120 --> 41:24.120]  In fact, they just signed the order, non-suting the case without prejudice.
[41:24.120 --> 41:29.120]  And there was a state statute that it was not after the period.
[41:29.120 --> 41:31.120]  Who cares?
[41:31.120 --> 41:33.120]  You shouldn't have let them non-suit.
[41:33.120 --> 41:37.120]  Even without prejudice, you don't care.
[41:37.120 --> 41:39.120]  I made a mistake there, too.
[41:39.120 --> 41:40.120]  It doesn't matter.
[41:40.120 --> 41:43.120]  Another document.
[41:43.120 --> 41:45.120]  I've got something that probably does.
[41:45.120 --> 41:49.120]  They found a motion to reopen in the judge's time.
[41:49.120 --> 41:53.120]  It doesn't matter.
[41:53.120 --> 41:57.120]  You still want to fight this case.
[41:57.120 --> 42:03.120]  You get caught up in the fight.
[42:03.120 --> 42:04.120]  You've been in there.
[42:04.120 --> 42:05.120]  You've been beat up.
[42:05.120 --> 42:09.120]  You've been through all this emotional ups and downs.
[42:09.120 --> 42:12.120]  Becomes about to fight.
[42:12.120 --> 42:20.120]  What is your intended outcome at the end of the day?
[42:20.120 --> 42:25.120]  I want the cause of action for Smith.
[42:25.120 --> 42:29.120]  In which case, I'll have the free house we've been talking about.
[42:29.120 --> 42:34.120]  I didn't set out to get a free house, but in this case, I should get it.
[42:34.120 --> 42:38.120]  I want, after that, to sue them for fraud.
[42:38.120 --> 42:40.120]  I've been hearing some things related to that.
[42:40.120 --> 42:43.120]  Where I'm lost on this.
[42:43.120 --> 42:51.120]  If you want this to go away, stop arguing these relevant issues.
[42:51.120 --> 42:54.120]  There's only one relevant issue.
[42:54.120 --> 43:00.120]  That is the first issue that must always be considered.
[43:00.120 --> 43:05.120]  Subject matter jurisdiction.
[43:05.120 --> 43:10.120]  It makes no difference what you did, makes no difference what you didn't do.
[43:10.120 --> 43:19.120]  If they didn't have subject matter jurisdiction on the first day, they never got it.
[43:19.120 --> 43:31.120]  If you have filed a challenge to their, if you filed a motion to dismiss based on exceeding the statute of limitations,
[43:31.120 --> 43:36.120]  the judge had noticed that he doesn't have subject matter jurisdiction.
[43:36.120 --> 43:40.120]  And it was his duty to dismiss this case.
[43:40.120 --> 43:46.120]  You need to sue the judge.
[43:46.120 --> 43:47.120]  Okay, hang on.
[43:47.120 --> 43:48.120]  We're about to go to break.
[43:48.120 --> 43:51.120]  Randy Kelton and Steve Skidmore will be on our radio.
[43:51.120 --> 43:55.120]  I'll call in number 512-646-1984.
[43:55.120 --> 44:02.120]  We'll be right back.
[44:02.120 --> 44:06.120]  Hello, my name is Stuart Smith from naturespureorganics.com,
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[45:17.120 --> 45:19.120]  Know what your lawyer should be doing.
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[46:14.120 --> 46:43.120]  Okay, we are back. Randy Kelton, from Skidmore, Rule of Law Radio, and we're talking the Madden, Texas.
[46:43.120 --> 46:52.120]  Matt, I understand this is hard, and I've run into this a lot.
[46:52.120 --> 46:57.120]  You're going to have a hard time stepping away.
[46:57.120 --> 47:03.120]  You've been fighting it too long. You get punch drunk.
[47:03.120 --> 47:08.120]  I love you, man.
[47:08.120 --> 47:16.120]  It really does that. It's harder to keep your focus than it sounds.
[47:16.120 --> 47:21.120]  It's easy for me because I'm standing here on the outside.
[47:21.120 --> 47:30.120]  When I fought my case when they were in Cherokee County, I was totally incompetent.
[47:30.120 --> 47:34.120]  I couldn't step back and see the overall picture.
[47:34.120 --> 47:42.120]  I understand this problem. It's seductive and subtle.
[47:42.120 --> 47:51.120]  Now, I need to figure out a way to frame this so that it really makes good sense.
[47:51.120 --> 48:02.120]  But for your position, I suggest you stop considering everything and do not let them go to anything.
[48:02.120 --> 48:08.120]  You are now that you're aware of a lack of subject matter jurisdiction.
[48:08.120 --> 48:13.120]  Now you are at arm's length to the court.
[48:13.120 --> 48:17.120]  You're not under their jurisdiction. The judge has no jurisdiction.
[48:17.120 --> 48:23.120]  He has no discretion of any kind here.
[48:23.120 --> 48:28.120]  You should be really pissed off at that judge.
[48:28.120 --> 48:37.120]  When you filed a motion to dismiss based on the statute of limitations,
[48:37.120 --> 48:40.120]  judge, when he looked at that motion, should have said,
[48:40.120 --> 48:45.120]  Holy crap, I don't have jurisdiction.
[48:45.120 --> 48:53.120]  He had a duty to dismiss that case immediately because he didn't.
[48:53.120 --> 48:59.120]  He subjected to you to all of the subsequent litigation.
[48:59.120 --> 49:05.120]  There's one question I must ask. I understand this.
[49:05.120 --> 49:08.120]  The problem entered into it is this.
[49:08.120 --> 49:13.120]  In terms of what's actually happened and in terms of actual facts,
[49:13.120 --> 49:19.120]  the plaintiff or the plaintiff's attorney had them wrong from the very beginning.
[49:19.120 --> 49:23.120]  I don't know if it's proper to say I testified.
[49:23.120 --> 49:27.120]  Maybe I should just say I tweeted to additional facts,
[49:27.120 --> 49:30.120]  to new facts, which they didn't originally present,
[49:30.120 --> 49:38.120]  which might actually indicate based on law that the statute of limitations was sold
[49:38.120 --> 49:44.120]  because I had attempted to make additional payments in 2010,
[49:44.120 --> 49:48.120]  which were given until sometime in 2015.
[49:48.120 --> 49:58.120]  Their whole motion to reopen the case was based on a mention of this, if you will.
[49:58.120 --> 50:13.120]  Did they file a document in the county record with the rescinding the notice of default?
[50:13.120 --> 50:15.120]  No.
[50:15.120 --> 50:18.120]  They only want to.
[50:18.120 --> 50:20.120]  Default is still in place.
[50:20.120 --> 50:23.120]  It's been in place for over five years.
[50:23.120 --> 50:25.120]  It's over.
[50:25.120 --> 50:28.120]  I have them on state statutes there.
[50:28.120 --> 50:35.120]  They're trying to get you to open the door back up for them.
[50:35.120 --> 50:43.120]  I have a motion drafted right now that I'm trying to perfect just a little bit more.
[50:43.120 --> 50:49.120]  I'll give you a suggestion of what you should do with that motion.
[50:49.120 --> 50:52.120]  Use it for toilet paper.
[50:52.120 --> 50:55.120]  I don't care how much time you have in that motion,
[50:55.120 --> 51:02.120]  how much creative research you've done,
[51:02.120 --> 51:05.120]  how much of yourself you put into that motion.
[51:05.120 --> 51:07.120]  Toss that motion.
[51:07.120 --> 51:10.120]  Do not go back to any issue in that case.
[51:10.120 --> 51:14.120]  Do not let them suck you in to fight in that case.
[51:14.120 --> 51:20.120]  Go to subject matter jurisdiction and don't even think about anything else,
[51:20.120 --> 51:24.120]  because they'll suck you right back in there.
[51:24.120 --> 51:26.120]  I will.
[51:26.120 --> 51:33.120]  I should essentially craft an Arkansas-related plea to the jurisdiction.
[51:33.120 --> 51:35.120]  Exactly.
[51:35.120 --> 51:44.120]  I have something more or less that's perfect for Texas.
[51:44.120 --> 51:50.120]  If you have Texas case law, if you don't have a good one, send me an email.
[51:50.120 --> 51:52.120]  I'll send you mine.
[51:52.120 --> 52:00.120]  The vast majority of it are the peripheral issues concerning subject matter jurisdiction.
[52:00.120 --> 52:05.120]  The court may not presume jurisdiction may not be presumed.
[52:05.120 --> 52:07.120]  It must be proven.
[52:07.120 --> 52:13.120]  The court may not proceed until one subject matter jurisdiction is challenged.
[52:13.120 --> 52:16.120]  The court may not presume jurisdiction.
[52:16.120 --> 52:18.120]  Jurisdiction must be proven.
[52:18.120 --> 52:22.120]  Most of this is federal law, some of it is state law,
[52:22.120 --> 52:26.120]  but you take the state case.
[52:26.120 --> 52:33.120]  Do you have someone in Arkansas who can do some Google searches for you?
[52:33.120 --> 52:36.120]  I can do Google searches myself.
[52:36.120 --> 52:38.120]  No, that won't help you if you're in Texas.
[52:38.120 --> 52:40.120]  Are you in Texas or are you in Arkansas?
[52:40.120 --> 52:45.120]  I live in Texas, probably in Arkansas.
[52:45.120 --> 52:47.120]  Wait, say that again?
[52:47.120 --> 52:49.120]  I live in Texas.
[52:49.120 --> 52:51.120]  I live in Austin.
[52:51.120 --> 52:59.120]  If you do a search in Austin for Arkansas stuff, you're going to get very little.
[52:59.120 --> 53:06.120]  But if you've got somebody in Arkansas who just to have them put in the name of the case,
[53:06.120 --> 53:11.120]  the state case, the Texas case, and in space, Arkansas,
[53:11.120 --> 53:22.120]  and that will find you a document that has referenced this case that also has Arkansas in it.
[53:22.120 --> 53:26.120]  And that's how I translate from one state to another.
[53:26.120 --> 53:32.120]  Because generally what you will find is an Arkansas case that referenced this case,
[53:32.120 --> 53:40.120]  and that will, from the case that you find, you'll find more Arkansas cases on point.
[53:40.120 --> 53:42.120]  So that's a real good way to convert it.
[53:42.120 --> 53:49.120]  Unless you could just go online and find Arkansas subject matter jurisdiction challenges,
[53:49.120 --> 53:51.120]  it was harder to find them in Texas.
[53:51.120 --> 53:55.120]  You're mostly going to find Texas stuff.
[53:55.120 --> 53:57.120]  I figure I might go to the library.
[53:57.120 --> 54:02.120]  I can go to the law school library if there's one, and try to find it.
[54:02.120 --> 54:04.120]  Try it online here.
[54:04.120 --> 54:07.120]  If you can find what you need, it'll be great.
[54:07.120 --> 54:13.120]  But if you happen to have someone in Arkansas, they'll get better hits there than you do here.
[54:13.120 --> 54:14.120]  That's all.
[54:14.120 --> 54:15.120]  I got you.
[54:15.120 --> 54:16.120]  Quick question.
[54:16.120 --> 54:25.120]  Let's say I go ahead and the next absolute next thing I do, like I'll fax it tomorrow
[54:25.120 --> 54:27.120]  and they'll put it in the record Monday,
[54:27.120 --> 54:32.120]  I'm going to challenge the subject matter jurisdiction based on their original petition,
[54:32.120 --> 54:35.120]  noting the last payments made in 2007.
[54:35.120 --> 54:36.120]  Exactly.
[54:36.120 --> 54:43.120]  The judge, and being that in the course of time,
[54:43.120 --> 54:47.120]  I had mentioned that I had made efforts to make payments.
[54:47.120 --> 54:52.120]  They cite case law, citing that if there were efforts, even discussions,
[54:52.120 --> 54:55.120]  then this told the statute of limitations.
[54:55.120 --> 55:02.120]  Let's say the judge looks at this and says they didn't originally have subject matter jurisdiction,
[55:02.120 --> 55:04.120]  but now they do.
[55:04.120 --> 55:07.120]  Thank you to the court of appeals.
[55:07.120 --> 55:09.120]  Thank you to the court of appeal.
[55:09.120 --> 55:14.120]  It is the court that did not have subject matter jurisdiction.
[55:14.120 --> 55:18.120]  You've got to ask the right question to get the right answer.
[55:18.120 --> 55:19.120]  Right.
[55:19.120 --> 55:34.120]  Now, had the other side claimed that you had tried to make payments and therefore subject matter jurisdiction was told?
[55:34.120 --> 55:35.120]  Okay.
[55:35.120 --> 55:38.120]  Let me back up, ask the question.
[55:38.120 --> 55:47.120]  In the original pleading, was the statute of limitations addressed?
[55:47.120 --> 55:50.120]  There was no mention of it.
[55:50.120 --> 55:52.120]  Okay.
[55:52.120 --> 55:57.120]  You challenged the original pleading.
[55:57.120 --> 55:58.120]  Okay.
[55:58.120 --> 56:02.120]  And regardless of what may have happened afterward,
[56:02.120 --> 56:09.120]  the original pleading was insufficient to invoke subject matter jurisdiction in the court.
[56:09.120 --> 56:17.120]  Even if you had done something that might told the statute of limitations,
[56:17.120 --> 56:23.120]  since when the document was filed, the limitations was told.
[56:23.120 --> 56:36.120]  And the document did not address that fact and show why there was a genuine controversy in spite of the fact that the statutory limitations had told.
[56:36.120 --> 56:40.120]  The document was insufficient.
[56:40.120 --> 56:44.120]  They would have had to argue that first day.
[56:44.120 --> 56:49.120]  They can't come back five years later and argue that.
[56:49.120 --> 57:04.120]  So the whole thing here is that the original pleading was insufficient to invoke the subject matter jurisdiction of the court on the first day.
[57:04.120 --> 57:05.120]  Exactly.
[57:05.120 --> 57:11.120]  It didn't get, if the judge didn't have it on the first day, he can never, ever get it.
[57:11.120 --> 57:18.120]  They have to dismiss this, he has to dismiss this case, relax subject matter jurisdiction.
[57:18.120 --> 57:21.120]  They have to start all over again.
[57:21.120 --> 57:22.120]  All right.
[57:22.120 --> 57:24.120]  They'll do that.
[57:24.120 --> 57:26.120]  Oh, maybe they will.
[57:26.120 --> 57:34.120]  You need to sue the judge and sue these lawyers personally for malpractice.
[57:34.120 --> 57:40.120]  And sue them for the full amount they're trying to collect from your triple.
[57:40.120 --> 57:42.120]  I can do that.
[57:42.120 --> 57:46.120]  You can do that.
[57:46.120 --> 57:49.120]  And then you guys want to play hard?
[57:49.120 --> 57:52.120]  We'll welcome you to the deep into the cool.
[57:52.120 --> 57:56.120]  And since you're in Texas and they're in Arkansas,
[57:56.120 --> 58:00.120]  sue them in the Fed.
[58:00.120 --> 58:04.120]  They're in total all that.
[58:04.120 --> 58:09.120]  Get them out of their local jurisdiction.
[58:09.120 --> 58:10.120]  Okay.
[58:10.120 --> 58:14.120]  Is that about covered for you, Matt?
[58:14.120 --> 58:17.120]  I'd like to ask a few more questions if I can, but I'll be quick.
[58:17.120 --> 58:19.120]  We can come back.
[58:19.120 --> 58:20.120]  Okay.
[58:20.120 --> 58:23.120]  We're about to go to another, the top of the hour break.
[58:23.120 --> 58:26.120]  We'll do a couple more questions when we come back on the other side.
[58:26.120 --> 58:30.120]  We've got some calls building up and we don't want to make them too long.
[58:30.120 --> 58:32.120]  So when we come back, we'll answer your other questions.
[58:32.120 --> 58:34.120]  This is Randy Kelton.
[58:34.120 --> 58:39.120]  These kids more than we've already heard are calling number 512-646-1984.
[58:39.120 --> 58:41.120]  Brian Marcus, I'll see you there.
[58:41.120 --> 58:43.120]  We'll get to everybody.
[58:43.120 --> 58:50.120]  We'll be right back.
[58:50.120 --> 58:54.120]  Would you like to make more definite progress in your walk with God?
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[59:50.120 --> 01:00:03.120]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:03.120 --> 01:00:07.120]  This is The Liberty Beat, your daily source for Liberty News and activist updates.
[01:00:07.120 --> 01:00:14.120]  Online at TheLibertyBeat.com. I'm Brian Hagen with your Liberty Beat for Friday, December 12, 2014.
[01:00:14.120 --> 01:00:23.120]  Gold opens today at $1,222 down $4. Silver opens at $17.5 down $3. And Bitcoin is trading around $353.
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[01:00:48.120 --> 01:00:58.120]  In the news, after years of ignoring the sovereignty of indigenous Americans, the federal government has now stated they will give tribes permission to grow and sell cannabis on their land.
[01:00:58.120 --> 01:01:07.120]  The Department of Justice announced the move Thursday, stating that the new rule would be implemented on a case-by-case basis.
[01:01:07.120 --> 01:01:13.120]  A new report from the World Wide Web Foundation found that surveillance of the Internet and censorship are both increasing.
[01:01:13.120 --> 01:01:20.120]  Tim Berners-Lee, the inventor of the World Wide Web, is head of the foundation. He has called for the Internet to be made a basic human right.
[01:01:20.120 --> 01:01:30.120]  The research showed that 83% of the 86 countries listed in the index had privacy safeguards that were weak to non-existent. They also found that web and social media had a large effect on citizen action.
[01:01:30.120 --> 01:01:36.120]  And only a quarter of nations have clear rules against political discrimination in Internet traffic management.
[01:01:36.120 --> 01:01:41.120]  And only a quarter of nations have clear rules against political discrimination in Internet traffic management.
[01:01:41.120 --> 01:01:51.120]  Several advocacy groups from around the globe have joined together to demand the release of the tax to the controversial Trans-Pacific Partnership.
[01:01:51.120 --> 01:02:01.120]  Today, a representative with Open Media International will present a letter from the coalition to TPP delegates at the TPP negotiations in Washington, D.C.
[01:02:01.120 --> 01:02:09.120]  The letter calls for open debate and transparency for the trade deal, which critics say will threaten national sovereignty and increase restrictive intellectual property laws.
[01:02:09.120 --> 01:02:13.120]  Previous versions of the secret text have been leaked by WikiLinks.
[01:02:13.120 --> 01:02:20.120]  The coalition includes the Electronic Frontier Foundation, Fight for the Future, Food and Water Watch, and the Government Accountability Project.
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[01:03:27.120 --> 01:03:44.120]  Okay, we are back.
[01:03:44.120 --> 01:03:50.120]  Randy Kelton, Steve Skidmore, who's on radio, and we're talking to Matt in Texas.
[01:03:50.120 --> 01:03:53.120]  Okay, Matt, got a couple more questions?
[01:03:53.120 --> 01:03:57.120]  Yeah, I want to make sure that I got an old line here.
[01:03:57.120 --> 01:04:01.120]  A, I need to challenge subject matter jurisdiction.
[01:04:01.120 --> 01:04:09.120]  Because I can do it at any time, and the original complaint by these plaintiffs states the last thing that was made in 2007.
[01:04:09.120 --> 01:04:16.120]  If I understand correctly, it's immaterial whether I mention something to be affected.
[01:04:16.120 --> 01:04:23.120]  Their accounting records were wrong, and I actually attempted to make a payment in 2010.
[01:04:23.120 --> 01:04:25.120]  It was returned.
[01:04:25.120 --> 01:04:33.120]  They argue that both the statute of limitations, but it's irrelevant because in this case, based on their original complaint,
[01:04:33.120 --> 01:04:38.120]  the statute of limitations has run and they have no right to bring it before the court,
[01:04:38.120 --> 01:04:45.120]  and the judge is not going to or should consider the fact that I mentioned 2010 payment.
[01:04:45.120 --> 01:04:48.120]  And the end of their action, is that right?
[01:04:48.120 --> 01:04:55.120]  Yeah, the challenge is based on the sufficiency of the original pleading.
[01:04:55.120 --> 01:04:56.120]  Okay.
[01:04:56.120 --> 01:05:00.120]  Whatever all those other peripheral issues are, you don't care.
[01:05:00.120 --> 01:05:05.120]  That document on its face was insufficient.
[01:05:05.120 --> 01:05:06.120]  So that's the argument.
[01:05:06.120 --> 01:05:10.120]  They'll try to pull you off and say, oh yeah, we have jurisdiction.
[01:05:10.120 --> 01:05:12.120]  Okay, when did you get it?
[01:05:12.120 --> 01:05:15.120]  The statute of limitations told.
[01:05:15.120 --> 01:05:16.120]  When did that happen?
[01:05:16.120 --> 01:05:18.120]  When did they tell?
[01:05:18.120 --> 01:05:20.120]  It doesn't matter what I've said.
[01:05:20.120 --> 01:05:26.120]  What I've written, what I've stated in my response to this pleading,
[01:05:26.120 --> 01:05:30.120]  it matters whether or not they were correct in the first place.
[01:05:30.120 --> 01:05:31.120]  Exactly.
[01:05:31.120 --> 01:05:32.120]  That's it.
[01:05:32.120 --> 01:05:41.120]  So what they're likely to say is after the statute of limitations told,
[01:05:41.120 --> 01:05:44.120]  then you're trying to make a payment.
[01:05:44.120 --> 01:05:48.120]  And I bet if you read the case law, what it's going to say is,
[01:05:48.120 --> 01:05:54.120]  if you went into the default in 07 and you tried to make a payment in 09,
[01:05:54.120 --> 01:06:00.120]  then the statute of limitations told up to 09.
[01:06:00.120 --> 01:06:08.120]  But if you went into default in 07 and you tried to make a payment in 14,
[01:06:08.120 --> 01:06:15.120]  then the limitations were already told, so it's gone.
[01:06:15.120 --> 01:06:20.120]  So that's probably what they're trying to sneak around that.
[01:06:20.120 --> 01:06:25.120]  But the point is, let's make sure we ask the right question.
[01:06:25.120 --> 01:06:31.120]  Whether they have jurisdiction, whether the statute of limitations has told or not,
[01:06:31.120 --> 01:06:34.120]  it's not the issue.
[01:06:34.120 --> 01:06:37.120]  Was the pleading sufficient?
[01:06:37.120 --> 01:06:38.120]  That's the issue.
[01:06:38.120 --> 01:06:41.120]  And then if the court rules against you,
[01:06:41.120 --> 01:06:48.120]  then immediately you file an interlocutory appeal because that is a dispositive motion.
[01:06:48.120 --> 01:06:52.120]  You can do an interlocutory appeal on a dispositive motion,
[01:06:52.120 --> 01:06:59.120]  a motion that would dispose of the whole case.
[01:06:59.120 --> 01:07:06.120]  Almost certainly the court of appeals is not going to overturn the statute.
[01:07:06.120 --> 01:07:09.120]  Okay, go ahead.
[01:07:09.120 --> 01:07:14.120]  Okay, I'm in ignorance here, and I want to clarify then.
[01:07:14.120 --> 01:07:19.120]  Challenge Subject Manager's Niction, it's about the efficiency of the original pleading.
[01:07:19.120 --> 01:07:28.120]  If in their original pleading they don't know any payments made that would actually be within the statute of limitations,
[01:07:28.120 --> 01:07:32.120]  which would, I'm sorry, that's a wrong way to say it.
[01:07:32.120 --> 01:07:39.120]  If they don't know payments made that would toll the statute of limitations in their original pleading,
[01:07:39.120 --> 01:07:44.120]  then I'll get a dismissal most likely, or undo a dismissal according to the law.
[01:07:44.120 --> 01:07:52.120]  Yeah, if you ask the question rights, and that's why I'm being pedantic about that,
[01:07:52.120 --> 01:07:56.120]  it doesn't matter what they did or did not have.
[01:07:56.120 --> 01:07:59.120]  It only matters what they argued.
[01:07:59.120 --> 01:08:07.120]  You could look at the numbers, and on the face of the document it appears the limitations were told,
[01:08:07.120 --> 01:08:11.120]  and they failed to argue that issue.
[01:08:11.120 --> 01:08:21.120]  One of the first things you see in any pleading, the first thing you'll see is the parties,
[01:08:21.120 --> 01:08:26.120]  and the very next thing is jurisdiction.
[01:08:26.120 --> 01:08:31.120]  That's right up there at their front for a really good reason,
[01:08:31.120 --> 01:08:41.120]  and in that section there should have been an argument saying while it appears on its face that the limitations have told,
[01:08:41.120 --> 01:08:45.120]  the limitations have not told for these reasons.
[01:08:45.120 --> 01:08:53.120]  Therefore the plaintiff has standing to invoke Subject Manager's jurisdiction, the court didn't do that.
[01:08:53.120 --> 01:08:56.120]  They just filed a fraudulent lawsuit.
[01:08:56.120 --> 01:09:00.120]  They filed a frivolous lawsuit from the very beginning.
[01:09:00.120 --> 01:09:02.120]  They didn't.
[01:09:02.120 --> 01:09:05.120]  Exactly the white word.
[01:09:05.120 --> 01:09:07.120]  Frivolous.
[01:09:07.120 --> 01:09:12.120]  I know, I'm going to bargain for that, but I didn't doubt.
[01:09:12.120 --> 01:09:16.120]  Now practice suit them for that.
[01:09:16.120 --> 01:09:26.120]  Okay, those are $25,000 slapnotes for most attorneys who pay them, if you can find one, I guess, right?
[01:09:26.120 --> 01:09:33.120]  Anyway, I'm just saying I think that's very interesting.
[01:09:33.120 --> 01:09:40.120]  In this case, I want to mention one other thing, and I'm not arguing with you at all.
[01:09:40.120 --> 01:09:42.120]  I love everything you just said.
[01:09:42.120 --> 01:09:47.120]  Exactly what you just told me to do, and I'll make sure I do it right.
[01:09:47.120 --> 01:09:50.120]  You're not giving me legal advice in this case, of course.
[01:09:50.120 --> 01:09:58.120]  But I mean that in a good way, if you follow me.
[01:09:58.120 --> 01:10:01.120]  But in this case, I had a motion ready to go.
[01:10:01.120 --> 01:10:02.120]  Let me tell you what I was going to do.
[01:10:02.120 --> 01:10:10.120]  Maybe I was going to make a mistake, but I had a motion ready to go because the judge had reopened this case
[01:10:10.120 --> 01:10:14.120]  because they argued that they didn't get things on time.
[01:10:14.120 --> 01:10:20.120]  I sent everything by first-class mail, and I sent my original motion to dismiss by certified mail.
[01:10:20.120 --> 01:10:23.120]  This dog ate my homework thing is a bunch of crap.
[01:10:23.120 --> 01:10:39.120]  And then the other thing that they note is that they had some evidence of my having made additional payments in 2010, et cetera.
[01:10:39.120 --> 01:10:41.120]  The facts even included in their motion.
[01:10:41.120 --> 01:10:43.120]  That's kind of an interesting fact.
[01:10:43.120 --> 01:10:50.120]  But what I was thinking about is, if I were to note, this is before this conversation, but I was thinking,
[01:10:50.120 --> 01:10:58.120]  if I were to note that I have grounds for the dismissal of this motion to reopen or for that to be negated
[01:10:58.120 --> 01:11:04.120]  because they didn't include this evidence, then maybe they'll just produce the evidence if they have it.
[01:11:04.120 --> 01:11:17.120]  And the state statutes note, as you had kind of alluded to, in this case, if there had been any payment made after 2007,
[01:11:17.120 --> 01:11:25.120]  the statute says if it was made to a third party to the original transaction, which it was in this case,
[01:11:25.120 --> 01:11:33.120]  then that would have had to have been reported in the same place that the instrument, the security instrument, was recorded.
[01:11:33.120 --> 01:11:36.120]  There's nothing recorded.
[01:11:36.120 --> 01:11:47.120]  Okay. Are they saying that it will toll the limitations if you make a payment or attempt to make a payment?
[01:11:47.120 --> 01:11:51.120]  Make a payment, attempt to make a payment, even acknowledge the debt.
[01:11:51.120 --> 01:11:59.120]  They were saying more or less that my talking to the servicing agent, even after this lawsuit was filed,
[01:11:59.120 --> 01:12:03.120]  they were saying that that would toll the statute of limitations.
[01:12:03.120 --> 01:12:08.120]  And I can imagine it might if this was involving the original party.
[01:12:08.120 --> 01:12:11.120]  No, I can't.
[01:12:11.120 --> 01:12:19.120]  I'm going to almost assure you that they are misconstruing the case law.
[01:12:19.120 --> 01:12:22.120]  Wouldn't surprise me at all. They're kind of stupid.
[01:12:22.120 --> 01:12:29.120]  But I'm ignorant. I don't know how to fight them exactly, but I'm getting this very close.
[01:12:29.120 --> 01:12:40.120]  Pull up the case law. You will find the case law makes very interesting, interesting and very informative readings.
[01:12:40.120 --> 01:12:46.120]  So pull up the cases they've cited, and especially fire...
[01:12:46.120 --> 01:12:52.120] ...indicated. You'll be amazed what you find.
[01:12:52.120 --> 01:12:59.120]  We have one guy fighting the IRS lien and the IRS lawyers cited a case.
[01:12:59.120 --> 01:13:02.120]  We got after him to go read it. He read it.
[01:13:02.120 --> 01:13:11.120]  And what the citation said was, this was the previous position, but this is no longer the case.
[01:13:11.120 --> 01:13:15.120]  We now rule this way and it overturned that position.
[01:13:15.120 --> 01:13:22.120]  Well, these guys did a search for this issue and found that first paragraph and cited it.
[01:13:22.120 --> 01:13:31.120]  And then Ben took their case and turned it right around and used it against them because they just found what looked like fit their position.
[01:13:31.120 --> 01:13:36.120]  They didn't read the case. They do this all the time.
[01:13:36.120 --> 01:13:41.120]  If you can catch them at it, you can really sting them.
[01:13:41.120 --> 01:13:52.120]  I will. Should I, in filing a plea to the subject matter jurisdiction or a motion to dismiss based on lack of subject matter jurisdiction,
[01:13:52.120 --> 01:14:06.120]  should I also further argue that I have two state statutes in the real estate code that state any payment made to a third party that's not called a statute of limitations?
[01:14:06.120 --> 01:14:12.120]  Should I, should I do it for that over complicated or does it just make sense to be thorough?
[01:14:12.120 --> 01:14:21.120]  I would not. Okay. In the challenge, subject matter jurisdiction. Yes, that was over complicated. You're anticipating an argument.
[01:14:21.120 --> 01:14:26.120]  Okay. You maintain that this document is not sufficient.
[01:14:26.120 --> 01:14:35.120]  Then when they come back with their assertions that it tolls, then you bring this out and bushwack them with it.
[01:14:35.120 --> 01:14:41.120]  Okay. Bushwack is great fun. Don't tip your hand ahead of time if you can avoid it.
[01:14:41.120 --> 01:14:44.120]  I understand exactly what you said.
[01:14:44.120 --> 01:14:57.120]  In the real world, it may be civil to give fair warning, but in civil court, always bushwack them if you can get away with it.
[01:14:57.120 --> 01:15:07.120]  Well, here I can challenge, I could challenge standing. I could do all kinds of things there. It's been suggested already as I've talked to you and Steve a few times before.
[01:15:07.120 --> 01:15:11.120]  Keep it simple. I listened to your show a lot. I love it.
[01:15:11.120 --> 01:15:22.120]  Quick question. Relative to damages in a fraudulent suit here, can you recommend a source of information?
[01:15:22.120 --> 01:15:24.120]  This is how you figure it.
[01:15:24.120 --> 01:15:31.120]  You do not claim the actual amount you were defrauded of.
[01:15:31.120 --> 01:15:37.120]  You claim the amount you would have been defrauded of had their plan went to fruition.
[01:15:37.120 --> 01:15:43.120]  Well, in this case, we're asking for like 200,000, so three times damages would be about 600,000.
[01:15:43.120 --> 01:15:46.120]  I make 20 to 30,000 dollars worth of information.
[01:15:46.120 --> 01:15:49.120]  Okay. Here's how we make the calculation.
[01:15:49.120 --> 01:16:05.120]  If you paid out the entire amount of the note for that property, don't sue for the principle, the original principle.
[01:16:05.120 --> 01:16:15.120]  You run an amortization and see how much you would have paid over the life of the note, and that's how much you claim, principle and interest, both.
[01:16:15.120 --> 01:16:19.120]  Yeah. And then you triple that.
[01:16:19.120 --> 01:16:22.120]  They may knock it down. You don't care.
[01:16:22.120 --> 01:16:27.120]  At the end of the day, the only number the jury is going to remember is the one you walked in the door with.
[01:16:27.120 --> 01:16:33.120]  Okay. We're about to go to break. I really need to move along. I've got two more calls.
[01:16:33.120 --> 01:16:35.120]  Thank you very much. God bless you.
[01:16:35.120 --> 01:16:45.120]  Okay. Thank you, Matt. This is Randy Kelton, Steve Skidmore. We were already on call at number 512-646-1984.
[01:16:45.120 --> 01:16:52.120]  Brian Marcus, we will pick you guys up on the other side. So hang on.
[01:16:52.120 --> 01:16:57.120]  We've got three more segments, so we should have time to get you in.
[01:16:57.120 --> 01:17:00.120]  Except Marcus should be turned off.
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[01:19:00.120 --> 01:19:05.120]  This is The Logos.
[01:19:05.120 --> 01:19:07.120]  The Radio is Net.
[01:19:07.120 --> 01:19:09.120]  The Video is Net.
[01:19:09.120 --> 01:19:36.120]  Oh, come on.
[01:19:36.120 --> 01:20:02.120]  Oh, come on.
[01:20:02.120 --> 01:20:04.120]  We're back.
[01:20:04.120 --> 01:20:13.120]  Randy Kelton, Steve Skidmore, Rue LaRio, and we're going to Brian in Texas. Hello, Brian.
[01:20:13.120 --> 01:20:18.120]  All right, you know what do you mean? This is Randy's funny service.
[01:20:18.120 --> 01:20:26.120]  That, I just replaced the main line into the house last week.
[01:20:26.120 --> 01:20:28.120]  All right, I've got the right number here.
[01:20:28.120 --> 01:20:34.120]  The guy was, the city guys out there told me, well, would you get the plumber out of here?
[01:20:34.120 --> 01:20:39.120]  He asked to do this, that, and the other, because they replaced all my main lines coming in.
[01:20:39.120 --> 01:20:42.120]  So I wanted them to move the meter.
[01:20:42.120 --> 01:20:44.120]  And I said, sure, I'll tell the plumber.
[01:20:44.120 --> 01:20:51.120]  And I went and got my sharp shooter and went to work.
[01:20:51.120 --> 01:20:54.120]  I needed a plumber. Somebody could come by my place tomorrow.
[01:20:54.120 --> 01:21:02.120]  I'm just kidding. Go get you some muriatic acid.
[01:21:02.120 --> 01:21:07.120]  Get some muriatic acid and some caustic soda.
[01:21:07.120 --> 01:21:14.120]  And you flush the caustic soda, then you pour the, not muriatic, sulfuric acid.
[01:21:14.120 --> 01:21:21.120]  You pour it in there and get you a plunger, flush it and stick the plunger on the toilet.
[01:21:21.120 --> 01:21:28.120]  Because if you don't, when it explodes down there, it'll blow poop all the way to the ceiling.
[01:21:28.120 --> 01:21:32.120]  Now, ask me how I know that.
[01:21:32.120 --> 01:21:35.120]  No thanks.
[01:21:35.120 --> 01:21:36.120]  Okay.
[01:21:36.120 --> 01:21:41.120]  What can we do for you other than plumbing?
[01:21:41.120 --> 01:21:45.120]  Now, I'm not even going to talk about the septic take I fell in.
[01:21:45.120 --> 01:21:55.120]  Please don't. I've got a beautiful contract situation with a son of a bus driver of the Nashville, Tennessee,
[01:21:55.120 --> 01:22:00.120]  a son of a bus driver for Kenny Rogers.
[01:22:00.120 --> 01:22:07.120]  Yeah, this guy apparently is a concert promoter of a Nashville, Tennessee.
[01:22:07.120 --> 01:22:12.120]  Wait a minute. Son of a bus driver for Kenny Rogers?
[01:22:12.120 --> 01:22:18.120]  I used to know a guy who drove for Kenny Rogers, but I still know the guy.
[01:22:18.120 --> 01:22:20.120]  Really? What's the name?
[01:22:20.120 --> 01:22:23.120]  John Elliot.
[01:22:23.120 --> 01:22:32.120]  Oh, no, no, no, I'm sorry. That's not the one that, my ex-brother-in-law, Bill Jones.
[01:22:32.120 --> 01:22:42.120]  This guy's name is Lynn Herron, and I was on a series of conference calls earlier this year,
[01:22:42.120 --> 01:22:55.120]  and he came online with a big guy that's doing a call about investing in his concert promotion business.
[01:22:55.120 --> 01:23:06.120]  Over a period of time, myself and a number of other people put in the money to help this guy kick off an event back in June.
[01:23:06.120 --> 01:23:17.120]  That was headlined. That's a really big name, a talent, as well as Sarah Palin as a keynote speaker.
[01:23:17.120 --> 01:23:24.120]  He took about $200,000 of our money, and we all had a contract with this guy.
[01:23:24.120 --> 01:23:30.120]  We were supposed to get paid back within about a week or so for the contract,
[01:23:30.120 --> 01:23:36.120]  and nobody's seen it done yet, lo and behold, and he claims that he just can't come up with the money,
[01:23:36.120 --> 01:23:43.120]  and yet he's able to pay off all the vendors, all the entertainers, for venue.
[01:23:43.120 --> 01:23:50.120]  Okay, so one of the entertainers. Everything's political.
[01:23:50.120 --> 01:23:56.120]  He accused the entertainers of being in on the scam with him.
[01:23:56.120 --> 01:23:58.120]  Okay, all right.
[01:23:58.120 --> 01:24:06.120]  And you start making noises at them, and they're going to get really, really unhappy at this guy.
[01:24:06.120 --> 01:24:11.120]  Right, and I'm kind of thinking along that line, too.
[01:24:11.120 --> 01:24:17.120]  The Attorney General's office in Tennessee was not able or willing to help.
[01:24:17.120 --> 01:24:23.120]  The contract does have an arbitration clause, and that's really why I decided to do this.
[01:24:23.120 --> 01:24:28.120]  However, that cost about the other bucks to kick that off.
[01:24:28.120 --> 01:24:36.120]  His attorney, we've received an email, too, from his attorney, and his attorney is telling us that
[01:24:36.120 --> 01:24:48.120]  he has advised his client to disarm the contract, essentially, and even though he's apparently trying to make good on it,
[01:24:48.120 --> 01:24:52.120]  he just can't seem to come up with it with the money.
[01:24:52.120 --> 01:24:57.120]  You go to the entertainers.
[01:24:57.120 --> 01:25:03.120]  You send them a bill.
[01:25:03.120 --> 01:25:08.120]  And they're going to say, what the heck is this? And you scoundrel can put on this promotion,
[01:25:08.120 --> 01:25:10.120]  and then you guys didn't pay me.
[01:25:10.120 --> 01:25:12.120]  They're going to say, we didn't have anything to do with it.
[01:25:12.120 --> 01:25:16.120]  Yeah, I told it to the court when I sue you, Bubba.
[01:25:16.120 --> 01:25:21.120]  They're going to get real excited and send their lawyers after this guy.
[01:25:21.120 --> 01:25:28.120]  Okay, yeah, I've got the documentation for all the payouts for the entertainer and the venue.
[01:25:28.120 --> 01:25:36.120]  And so, yeah, the contract he has is that I've seen that the entertainer has, you know, big jobs, offices out of Florida.
[01:25:36.120 --> 01:25:37.120]  I've got that phone number.
[01:25:37.120 --> 01:25:41.120]  Maybe I should go to that route with that particular organization.
[01:25:41.120 --> 01:25:47.120]  It's like a union, you know, organization for entertainers or something like that.
[01:25:47.120 --> 01:25:53.120]  No, I'm thinking, where's the most politics here?
[01:25:53.120 --> 01:25:54.120]  Right.
[01:25:54.120 --> 01:25:55.120]  Right.
[01:25:55.120 --> 01:25:59.120]  The entertainer has the most to lose, the entertainers.
[01:25:59.120 --> 01:26:03.120]  They didn't do anything wrong, that you know of, they may have.
[01:26:03.120 --> 01:26:05.120]  They were involved in this whole thing.
[01:26:05.120 --> 01:26:08.120]  You don't know what their involvement was.
[01:26:08.120 --> 01:26:12.120]  But they're the ones with the most to lose.
[01:26:12.120 --> 01:26:16.120]  You make noises to them and bring this up to the entertainers.
[01:26:16.120 --> 01:26:19.120]  The entertainers are going to get real excited.
[01:26:19.120 --> 01:26:28.120]  And the last thing they're going to want to do is wind up getting subpoenaed into a case over not paying bills.
[01:26:28.120 --> 01:26:29.120]  There you go.
[01:26:29.120 --> 01:26:30.120]  Okay.
[01:26:30.120 --> 01:26:31.120]  All right.
[01:26:31.120 --> 01:26:35.120]  And they're the ones that'll probably get this guy to get you paid.
[01:26:35.120 --> 01:26:38.120]  Okay.
[01:26:38.120 --> 01:26:41.120]  And bargering the lawyer just with yucks.
[01:26:41.120 --> 01:26:43.120]  Oh, there you go.
[01:26:43.120 --> 01:26:45.120]  Okay, so we can bargering the lawyer.
[01:26:45.120 --> 01:26:49.120]  What's the first step in doing that?
[01:26:49.120 --> 01:26:55.120]  Yes, accuse him of fomenting litigation.
[01:26:55.120 --> 01:27:07.120]  He advises his client to renege on a contract so that he can then represent the ensuing litigation.
[01:27:07.120 --> 01:27:10.120]  That's fomenting litigation.
[01:27:10.120 --> 01:27:12.120]  Fomenting litigation.
[01:27:12.120 --> 01:27:13.120]  Okay.
[01:27:13.120 --> 01:27:18.120]  That'll make him unhappy when it doubles his malpractice insurance.
[01:27:18.120 --> 01:27:19.120]  Yeah.
[01:27:19.120 --> 01:27:26.120]  See if he advises his next client to dishonor a contract.
[01:27:26.120 --> 01:27:27.120]  All right.
[01:27:27.120 --> 01:27:31.120]  Do I do that through the State Bar Association?
[01:27:31.120 --> 01:27:32.120]  Yep.
[01:27:32.120 --> 01:27:34.120]  Yeah, you do the bar grievance through the State Bar Association.
[01:27:34.120 --> 01:27:48.120]  You might also talk to the other people who were affected by this and look into filing a malpractice suit against the lawyer.
[01:27:48.120 --> 01:27:56.120]  If the lawyer said that he was going to advise the client to dishonor the contract, sue the lawyer.
[01:27:56.120 --> 01:28:04.120]  Funny you say that because we know that for a fact that he was disbarred at one point in time for about a year and a half.
[01:28:04.120 --> 01:28:06.120]  You're good.
[01:28:06.120 --> 01:28:08.120]  Maybe you get him disbarred again.
[01:28:08.120 --> 01:28:10.120]  Exactly.
[01:28:10.120 --> 01:28:12.120]  All right.
[01:28:12.120 --> 01:28:15.120]  It's all about the politics.
[01:28:15.120 --> 01:28:16.120]  Yes.
[01:28:16.120 --> 01:28:17.120]  Oh, I know.
[01:28:17.120 --> 01:28:18.120]  Bob learned that.
[01:28:18.120 --> 01:28:20.120]  If anybody had learned that from you.
[01:28:20.120 --> 01:28:21.120]  We're good.
[01:28:21.120 --> 01:28:23.120]  I hope it works out for you.
[01:28:23.120 --> 01:28:31.120]  I've found out over the years, you know, you and I, we are the masters.
[01:28:31.120 --> 01:28:33.120]  We have all these servants.
[01:28:33.120 --> 01:28:35.120]  You know, I have my own business.
[01:28:35.120 --> 01:28:41.120]  I've had my own business for four years and it changes your perspective.
[01:28:41.120 --> 01:28:52.120]  I'm the owner of my business and when my employees don't do what they're supposed to be doing, they never come to me and say,
[01:28:52.120 --> 01:28:58.120]  hey, you know, I really screwed up.
[01:28:58.120 --> 01:29:00.120]  They don't do that stuff.
[01:29:00.120 --> 01:29:13.120]  So if somebody is the president of a large company and his people are screwing up his company, they never tell him.
[01:29:13.120 --> 01:29:23.120]  He has to get somebody else to go in and watch him to figure it out because if you're a manager in the company and you're managing somebody and you screw something up,
[01:29:23.120 --> 01:29:29.120]  you're not going to go with people above you and say, hey, I was managing this guy, but I didn't do a good job and he screwed this up.
[01:29:29.120 --> 01:29:31.120]  They're going to hold you responsible.
[01:29:31.120 --> 01:29:35.120]  So it's hard for the guys at the top to get good information.
[01:29:35.120 --> 01:29:41.120]  This place to get good information is some guys like you and me.
[01:29:41.120 --> 01:29:47.120]  And while doing this, it gave me an understanding of politics.
[01:29:47.120 --> 01:29:55.120]  That's why I said go to these performers first because they're up there at the top of the food chain.
[01:29:55.120 --> 01:29:56.120]  Right.
[01:29:56.120 --> 01:30:00.120]  I want, oh, you'll be back.
[01:30:00.120 --> 01:30:05.120]  I only have eyes for you.
[01:30:05.120 --> 01:30:12.120]  Soon, store mannequins may be singing that tune. They're being outfitted with cameras to watch us while we shop.
[01:30:12.120 --> 01:30:36.120]  I'm Dr. Catherine Albrecht, back with details after this.
[01:30:43.120 --> 01:30:53.120]  It's disturbing enough that big brother governments use facial recognition technology to identify and track people on the streets.
[01:30:53.120 --> 01:30:58.120]  Now clothing companies in Europe, Canada and America are getting in on the act.
[01:30:58.120 --> 01:31:02.120]  So where do they hide the cameras? In the eyes of mannequins.
[01:31:02.120 --> 01:31:07.120]  That's right, those glamorous plastic ladies in the display windows may be watching you back.
[01:31:07.120 --> 01:31:16.120]  They're called eye-seers and their job is to log the age, gender and race of passersby so retailers can devise new schemes to get you to buy.
[01:31:16.120 --> 01:31:23.120]  But hang on, aren't mannequins spooky enough already? This is taking weird science to a whole new level.
[01:31:23.120 --> 01:31:31.120]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.120 --> 01:31:32.120]  I lost my son.
[01:31:32.120 --> 01:31:33.120]  My nephew.
[01:31:33.120 --> 01:31:34.120]  My uncle.
[01:31:34.120 --> 01:31:35.120]  My son.
[01:31:35.120 --> 01:31:36.120]  On September 11, 2001.
[01:31:36.120 --> 01:31:40.120]  Most people don't know that a third tower fell on September 11.
[01:31:40.120 --> 01:31:44.120]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[01:31:44.120 --> 01:31:48.120]  Although the official explanation is that fire brought down building 7.
[01:31:48.120 --> 01:31:54.120]  Over 1,200 architects and engineers have looked into the evidence and believed there is more to the story.
[01:31:54.120 --> 01:31:55.120]  Bring justice to my son.
[01:31:55.120 --> 01:31:56.120]  My uncle.
[01:31:56.120 --> 01:31:57.120]  My nephew.
[01:31:57.120 --> 01:31:58.120]  My son.
[01:31:58.120 --> 01:31:59.120]  Go to buildingwhat.org.
[01:31:59.120 --> 01:32:02.120]  Why it fell, why it matters and what you can do.
[01:32:02.120 --> 01:32:06.120]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:06.120 --> 01:32:07.120]  Hey, listen to me.
[01:32:07.120 --> 01:32:08.120]  Who are you?
[01:32:08.120 --> 01:32:12.120]  I knew years ago when you felt healthy and young and everything worked on your body.
[01:32:12.120 --> 01:32:13.120]  Do you remember that?
[01:32:13.120 --> 01:32:14.120]  Yes.
[01:32:14.120 --> 01:32:15.120]  I wish I felt like that now.
[01:32:15.120 --> 01:32:21.120]  You can feel like that again with a new micro plant powder formulation called iodine now.
[01:32:21.120 --> 01:32:25.120]  It cleans the entire body from head to toe and feeds the body what it really needs.
[01:32:25.120 --> 01:32:29.120]  You'll be in a better mood and you'll find more drive in your romantic life.
[01:32:29.120 --> 01:32:30.120]  Really?
[01:32:30.120 --> 01:32:32.120]  I gotta try iodine now and feel good again.
[01:32:32.120 --> 01:32:37.120]  It also protects you from radiation, heavy metals, fluoride, chlorine and bromine including
[01:32:37.120 --> 01:32:39.120]  cancer and most major diseases.
[01:32:39.120 --> 01:32:40.120]  You'll be amazed.
[01:32:40.120 --> 01:32:41.120]  You can be your own doctor.
[01:32:41.120 --> 01:32:44.120]  I want to keep you out of the hospital and on pharmaceuticals.
[01:32:44.120 --> 01:32:45.120]  Wow.
[01:32:45.120 --> 01:32:47.120]  Why are you so nice to me?
[01:32:47.120 --> 01:32:48.120]  Because I'm you.
[01:32:48.120 --> 01:33:13.120]  You're out of shape and I need a better looking future.
[01:33:13.120 --> 01:33:39.120]  You're out of shape and I need a better looking future.
[01:33:39.120 --> 01:34:05.120]  You're out of shape and I need a better looking future.
[01:34:05.120 --> 01:34:12.120]  Well, let's see, I've got my second surgery written for the United States Supreme Court.
[01:34:12.120 --> 01:34:25.120]  I have about 230 pages of it for records expert and you're limited to the ninth spoken
[01:34:25.120 --> 01:34:26.120]  words otherwise.
[01:34:26.120 --> 01:34:36.120]  You're allowed three questions to be proposed to the Supreme Court.
[01:34:36.120 --> 01:34:47.120]  The three questions, I was dismissed by Ashcroft, Iqbal and 18th, Iqwambri.
[01:34:47.120 --> 01:34:52.120]  That was one of the things I obviously wanted to bring up.
[01:34:52.120 --> 01:35:03.120]  Okay, let's explain to the listeners, Iqwambri and Iqbal, this is where the Supreme Court
[01:35:03.120 --> 01:35:10.120]  said that they didn't intend to change the pleading standards but they issued rulings
[01:35:10.120 --> 01:35:13.120]  that dramatically changed the pleading standards.
[01:35:13.120 --> 01:35:20.120]  Now you almost have to adjudicate your entire case in your original pleading or you'll get
[01:35:20.120 --> 01:35:24.120]  a rule 12 motion to dismiss a state of client.
[01:35:24.120 --> 01:35:27.120]  That's correct.
[01:35:27.120 --> 01:35:35.120]  Under the old standard under Conley, it was presumed that the plaintiff's statements were
[01:35:35.120 --> 01:35:45.120]  factual because he was pleading and making statements in contest to being accused of
[01:35:45.120 --> 01:35:46.120]  perjury.
[01:35:46.120 --> 01:35:54.120]  But you're right, under the new standard under Ashcroft, Iqbal, you almost effectively have
[01:35:54.120 --> 01:35:56.120]  to plead your entire case.
[01:35:56.120 --> 01:36:10.120]  Under federal procedure 8, 2, and 12, let's see, 12, E2 and federal procedure 12C.
[01:36:10.120 --> 01:36:17.120]  In the fifth circuit where we're at, they've ruled that the standards for 12C dismissal
[01:36:17.120 --> 01:36:19.120]  are 12 to be dismissal.
[01:36:19.120 --> 01:36:24.120]  You almost have to make your entire pleading in that case.
[01:36:24.120 --> 01:36:33.120]  In my instance, the opposing party, Travis County, didn't make that motions for dismissal
[01:36:33.120 --> 01:36:36.120]  until document 52.
[01:36:36.120 --> 01:36:44.120]  So, it's a fairly number of documents that have been applied into the case with, you
[01:36:44.120 --> 01:36:46.120]  know, rulings going back and forth.
[01:36:46.120 --> 01:36:50.120]  The judge has made orders that the two parties must mediate.
[01:36:50.120 --> 01:36:59.120]  In fact, even the document prior to my case, the county placed into the docket a 27-page
[01:36:59.120 --> 01:37:07.120]  witness list, not just 27 witnesses, but 27 pages of witnesses, which is almost prima facie
[01:37:07.120 --> 01:37:16.120]  evidence that it's a much larger crime than what they originally want to narrow the scope
[01:37:16.120 --> 01:37:17.120]  to.
[01:37:17.120 --> 01:37:18.120]  So...
[01:37:18.120 --> 01:37:19.120]  Okay.
[01:37:19.120 --> 01:37:24.120]  When you say crime, this is the crime you're charging them with?
[01:37:24.120 --> 01:37:31.120]  Well, the crime that, yeah, effectively the crime that I'm charging them with and that
[01:37:31.120 --> 01:37:39.120]  the other parties must have known that these were criminal acts against me, that they were
[01:37:39.120 --> 01:37:46.120]  violating law, because I ultimately got a dismissal...
[01:37:46.120 --> 01:37:53.120]  Okay, I don't understand how a lot of witnesses goes to that issue.
[01:37:53.120 --> 01:38:01.120]  Well, I would argue that a lot of, you know, I was dismissed with no opposition to expunction.
[01:38:01.120 --> 01:38:04.120]  Therefore, they never wanted to bring it to trial.
[01:38:04.120 --> 01:38:09.120]  So, they're going to want to bring 27 pages of witnesses.
[01:38:09.120 --> 01:38:13.120]  Well, how could you interpret those witnesses to be?
[01:38:13.120 --> 01:38:17.120]  If there was anything chargeable against me, they would have, but didn't.
[01:38:17.120 --> 01:38:21.120]  So, therefore, these actually must be witnesses on behalf.
[01:38:21.120 --> 01:38:25.120]  Okay, let me give a quick synopsis.
[01:38:25.120 --> 01:38:28.120]  Mike's a really dangerous criminal.
[01:38:28.120 --> 01:38:35.120]  He went to the airport with a water bottle and got arrested for having a bottle of water
[01:38:35.120 --> 01:38:43.120]  at the airport and took on the city of Austin big time.
[01:38:43.120 --> 01:38:47.120]  And then he went to the courthouse to be a court watcher.
[01:38:47.120 --> 01:38:56.120]  He pointed a deadly weapon at one of the security guards there, one of the guys at the metal detector.
[01:38:56.120 --> 01:39:01.120]  And the deadly weapon was a digital recorder.
[01:39:01.120 --> 01:39:03.120]  And they arrested him and charged him.
[01:39:03.120 --> 01:39:05.120]  What did they charge you with?
[01:39:05.120 --> 01:39:09.120]  The interference of public duty.
[01:39:09.120 --> 01:39:14.120]  Yeah, but because he pointed a digital recorder at him and was asking him questions.
[01:39:14.120 --> 01:39:18.120]  And we've got the CDs, we've got the videos for that.
[01:39:18.120 --> 01:39:24.120]  And the problem was as they took on Mike, and Mike is really taking them on.
[01:39:24.120 --> 01:39:30.120]  He's already taken the city to the Supreme and the Supreme denied out of hand,
[01:39:30.120 --> 01:39:33.120]  but he may have got all the way to the Supreme.
[01:39:33.120 --> 01:39:39.120]  And then he sued the county and that's where we're at now with the action against the county.
[01:39:39.120 --> 01:39:42.120]  I just kind of get you up to speed.
[01:39:42.120 --> 01:39:46.120]  So I appreciate that I should have done that in the beginning.
[01:39:46.120 --> 01:40:03.120]  Okay, in this in the on the ball issue, you're taking the position that where the court said that they did not intend to in to increase the pleading standards.
[01:40:03.120 --> 01:40:13.120]  In fact, the effect of the ruling was to dramatically increase the pleading standards.
[01:40:13.120 --> 01:40:15.120]  So you're asking for clarification on it ball.
[01:40:15.120 --> 01:40:24.120]  I'm asking for clarification on it ball, but also with another reference to Plasky v CIA.
[01:40:24.120 --> 01:40:36.120]  And when you're a person litigant, the judge isn't has a duty is duty bound to inform you not just if you're to have failed the state of claim,
[01:40:36.120 --> 01:40:43.120]  but how you failed the state of claim and must provide you leave to amend.
[01:40:43.120 --> 01:40:57.120]  So if they said that my my claim was substandard, because I hadn't provided all the factual statements that they would like to have in the case,
[01:40:57.120 --> 01:41:12.120]  then their duty was to allow me leave to amend my claim and the judge would have to give me specific directions on exactly how I must amend my claim.
[01:41:12.120 --> 01:41:23.120]  So are you addressing your original pleading here in in the state court?
[01:41:23.120 --> 01:41:27.120]  No, I'm this is in federal.
[01:41:27.120 --> 01:41:47.120]  I'm I'm asking for clarification on it ball with relation to Plasky, because the judge had entered a ruling that leave to amend claim would be futile.
[01:41:47.120 --> 01:41:49.120]  Well, that's kind of a confession.
[01:41:49.120 --> 01:41:54.120]  Then you never even gave me the opportunity for a leave.
[01:41:54.120 --> 01:42:05.120]  So and you have we have special case law that addresses you as a pro se litigant that he's required to give you to tell you what the problem is,
[01:42:05.120 --> 01:42:11.120]  give you opportunity to leave to amend and he refused to do that.
[01:42:11.120 --> 01:42:12.120]  Exactly.
[01:42:12.120 --> 01:42:17.120]  And I think that this may be a strong leverage point against it.
[01:42:17.120 --> 01:42:26.120]  Because if you think about it absolutely needs to be clarified.
[01:42:26.120 --> 01:42:36.120]  Because it is on its face is contradictory state that they didn't intend to increase the pleading standard.
[01:42:36.120 --> 01:42:42.120]  But the case itself dramatically increased the pleading standard.
[01:42:42.120 --> 01:42:47.120]  The local courts really don't.
[01:42:47.120 --> 01:42:52.120]  And it is long overdue for clarification.
[01:42:52.120 --> 01:42:57.120]  Even the Congress has tried to put amendments in.
[01:42:57.120 --> 01:43:11.120]  To sort of weekend it all and bring it back to Conway where there are no factual statements are required in the initial pleading.
[01:43:11.120 --> 01:43:18.120]  So that makes this one is very good chance that the court will pick it up.
[01:43:18.120 --> 01:43:20.120]  Okay, you had three questions.
[01:43:20.120 --> 01:43:23.120]  What were the one was equal?
[01:43:23.120 --> 01:43:25.120]  What were the other two?
[01:43:25.120 --> 01:43:28.120]  The other two kind of blend together.
[01:43:28.120 --> 01:43:39.120]  So I'm pushing more towards ability to record public officials than public.
[01:43:39.120 --> 01:43:41.120]  Okay, hang on Mike.
[01:43:41.120 --> 01:43:43.120]  We have to go to break.
[01:43:43.120 --> 01:43:45.120]  This is Randy Kelton's stage.
[01:43:45.120 --> 01:43:47.120]  Get more of our radio.
[01:43:47.120 --> 01:43:50.120]  Call in number 512-646-1984.
[01:43:50.120 --> 01:43:53.120]  But we're going to our last segment.
[01:43:53.120 --> 01:43:56.120]  So it might be a little late to call in.
[01:43:56.120 --> 01:44:00.120]  We'll be right back.
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[01:46:23.120 --> 01:46:26.120]  Okay, we are back.
[01:46:26.120 --> 01:46:32.120]  Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking to Mike in Texas.
[01:46:32.120 --> 01:46:35.120]  Oh, what a bottle of Mike.
[01:46:35.120 --> 01:46:48.120]  Well, let's see, the second question I posed for the Supreme Court was around recording public officials in public places.
[01:46:48.120 --> 01:46:58.120]  Now, the Supreme Court has been fairly active recently in terms of enforcing First Amendment rights for corporations.
[01:46:58.120 --> 01:47:09.120]  Most people probably are familiar with the Hobby Lobby litigation, where non-corporations have religious pre-exercise of rights.
[01:47:09.120 --> 01:47:23.120]  Yes, this is where the Feds were trying to force the Hobby Lobby, force companies to provide abortion assistance,
[01:47:23.120 --> 01:47:33.120]  and the Hobby Lobby owners were very religiously opposed to it, and Hobby Lobby won.
[01:47:33.120 --> 01:47:35.120]  That's correct.
[01:47:35.120 --> 01:47:39.120]  So that's sort of an expansion of the First Amendment.
[01:47:39.120 --> 01:47:56.120]  Now, a less familiar one is probably the Citizens United decision, where they, in that case, they argued that corporations' donation of gifts to
[01:47:56.120 --> 01:48:06.120]  political candidates was an expression of First Amendment rights, and believe it or not, Supreme Court upheld that.
[01:48:06.120 --> 01:48:20.120]  And that put all of the donation limitation regulations sort of in limbo, and this made it a mess of the whole thing.
[01:48:20.120 --> 01:48:22.120]  That's correct.
[01:48:22.120 --> 01:48:33.120]  So I'm going to argue that in the Fifth Circuit or First Circuit, they have a ruling with underneath glit, and that under comedy,
[01:48:33.120 --> 01:48:44.120]  and there's potentially a disparity among different circuits, and I'm requesting that the Supreme Court clarify.
[01:48:44.120 --> 01:48:46.120]  Okay, hold on.
[01:48:46.120 --> 01:48:52.120]  The guy in Boston is being beat up by the cops.
[01:48:52.120 --> 01:49:04.120]  Another guy's video, this guy is cellphone now recording them, and they arrest him for recording the police without their knowledge,
[01:49:04.120 --> 01:49:08.120]  because there was a Boston statute against that.
[01:49:08.120 --> 01:49:17.120]  I turned out to be a lawyer, took them on, and the court ruled that the whole case was about that statute.
[01:49:17.120 --> 01:49:27.120]  The city ordinance had said you couldn't record a police officer in the performance of the duty without their knowledge,
[01:49:27.120 --> 01:49:45.120]  and they struck that down, but they went on to Suez Fonte state that it's axiomatic that a private citizen has the right to record his public officials in the performance of the duty.
[01:49:45.120 --> 01:49:47.120]  That was click.
[01:49:47.120 --> 01:49:49.120]  Okay, go ahead.
[01:49:49.120 --> 01:50:03.120]  They pretty much expanded the concept of what the press is, except with ubiquitous use of cell phones, et cetera, that virtually every member of the public is now a member of the press.
[01:50:03.120 --> 01:50:09.120]  Precisely. I have a press pass, but it doesn't mean anything anymore. I'm used to it.
[01:50:09.120 --> 01:50:21.120]  A lot of years ago, but now the press pass doesn't mean anything because everybody can go where the press, only the press could go before them because of that ruling and others.
[01:50:21.120 --> 01:50:24.120]  Anyway, go ahead. I keep going.
[01:50:24.120 --> 01:50:42.120]  I wanted to answer what I felt was their most vulnerable component, which would be recording your public officials in the performance of their duty for the purpose of preserving vital exculpatory evidence for the person recording.
[01:50:42.120 --> 01:50:48.120]  So under Brady, you should be entitled to all that.
[01:50:48.120 --> 01:50:53.120]  If you get that ruling, you'll change everything.
[01:50:53.120 --> 01:50:55.120]  That would be an interesting one.
[01:50:55.120 --> 01:51:09.120]  So I'm asking for the court to clarify, to take a click, to clarify it with, you know, this specific subargument.
[01:51:09.120 --> 01:51:16.120]  And then the third one, I went after the warrantless checkpoints.
[01:51:16.120 --> 01:51:28.120]  Now, the county attorneys have stated that those checkpoints in the courthouses, et cetera, are a color of office.
[01:51:28.120 --> 01:51:31.120]  I mean, I don't know...
[01:51:31.120 --> 01:51:37.120]  Wait a minute. You're talking about the metal detector and such when you go into the courthouse?
[01:51:37.120 --> 01:51:52.120]  When you go into the courthouse, in the county attorney's briefs and arguments against me, they openly state that the officers were operating in color of law and color of office.
[01:51:52.120 --> 01:51:59.120]  And in color of means... color in this case means pretense.
[01:51:59.120 --> 01:52:09.120]  And if they're just a pretense without any actual law behind it.
[01:52:09.120 --> 01:52:17.120]  So those are three that would be very good. These ought to be great cases for the Supreme to pick up.
[01:52:17.120 --> 01:52:21.120]  Well, there's a little bit more to that last one.
[01:52:21.120 --> 01:52:29.120]  Now, the sheriff's deputies obviously didn't just pool their money together and set up this checkpoint at random. They were ordered to do so.
[01:52:29.120 --> 01:52:40.120]  So prima facie is that there's a large number of superior respondents or, I mean, respondent superiors that put that into place.
[01:52:40.120 --> 01:52:48.120]  They, you know, they had the money together. They set everything aside. They pay for the people to operate.
[01:52:48.120 --> 01:52:53.120]  And so they can't say that they are not eligible.
[01:52:53.120 --> 01:53:00.120]  So it's just axiomatic that they know that whatever they do, they are responsible for.
[01:53:00.120 --> 01:53:04.120]  And they know that they're operating in color of law, so...
[01:53:04.120 --> 01:53:10.120]  And so who approved funding for that and under what authority did they approve funding?
[01:53:10.120 --> 01:53:19.120]  And who approved funding and but also all the county attorneys and all the regular attorneys walked you that and they're aware of the law.
[01:53:19.120 --> 01:53:28.120]  And so there they know it's color of law. All the judges know of its existence and they know it's in color of law too.
[01:53:28.120 --> 01:53:32.120]  Screws.
[01:53:32.120 --> 01:53:41.120]  We say they're screwed because a private citizen cannot claim ignorance of the law as a defense to prosecution.
[01:53:41.120 --> 01:53:47.120]  A public official acting under the color of his authorities held to a much higher standard.
[01:53:47.120 --> 01:53:59.120]  If a public official violates a ruling of this court and he be sane, he may not be heard to say he knows not what he does.
[01:53:59.120 --> 01:54:02.120]  So they're screwed.
[01:54:02.120 --> 01:54:16.120]  Yeah. So that would again tie back to the first question, which was it's axiomatic that the responde superior doesn't know everything that's going on.
[01:54:16.120 --> 01:54:21.120]  So all the facts are sufficiently placed in the pleading regardless.
[01:54:21.120 --> 01:54:30.120]  Yeah. Rather, the responde superior has actual knowledge is irrelevant. He has imputed knowledge.
[01:54:30.120 --> 01:54:33.120]  So he's still responsible.
[01:54:33.120 --> 01:54:36.120]  Yep.
[01:54:36.120 --> 01:54:42.120]  So those are going to be my three arguments that I'm going to send off the Supreme Court.
[01:54:42.120 --> 01:54:53.120]  Oh, this is going to be good. I'll be very interested in seeing how the county responds.
[01:54:53.120 --> 01:55:03.120]  If the county doesn't respond, they can screw things up for the whole country.
[01:55:03.120 --> 01:55:15.120]  You know, we talk about on the show here, you know, be careful with your cases because you can, if you're not careful, you can create some really garbage case law.
[01:55:15.120 --> 01:55:22.120]  You get yourself ruled against when you should have been ruled in favor of because you did not do your position well.
[01:55:22.120 --> 01:55:27.120]  You can cause some really garbage case law to be out there.
[01:55:27.120 --> 01:55:33.120]  This is exactly what Travis County Sheriff's Department can do.
[01:55:33.120 --> 01:55:40.120]  What if they're the ones, you get a ruling on all three of these, you'll change the whole country.
[01:55:40.120 --> 01:55:48.120]  You know, be all because of these chumps arrested you for pointing a digital recorder at them.
[01:55:48.120 --> 01:56:02.120]  Before that, a bottle of water and a bottle of water. And Mike was with me when I was trying to get into a JP, a JP office and they told me I couldn't take my phone with me.
[01:56:02.120 --> 01:56:06.120]  And I said, yeah, I can. Oh, no, no, you can't come in with that phone.
[01:56:06.120 --> 01:56:14.120]  We have a rule that no cell phones in the courtroom or in the courthouse.
[01:56:14.120 --> 01:56:18.120]  And I said, well, you've got a rule.
[01:56:18.120 --> 01:56:26.120]  I've got a constitution and I've got case law that says you wipe your behind with that rule.
[01:56:26.120 --> 01:56:31.120]  Well, they didn't take that well. Did they, Mike?
[01:56:31.120 --> 01:56:35.120]  No, they didn't like that.
[01:56:35.120 --> 01:56:42.120]  They grabbed me up and chucked me right out the door.
[01:56:42.120 --> 01:56:52.120]  This is something we really need. We have a lot of problems with judges for getting who they are.
[01:56:52.120 --> 01:56:59.120]  They're public servants. You and I were the masters and the judges forget that.
[01:56:59.120 --> 01:57:10.120]  If they know that there's someone there likely to be videotaping them, that will eliminate a lot of these problems.
[01:57:10.120 --> 01:57:23.120]  If you listen to my show about, you know, I talk about my primary intended outcome is to place every judge in the country in a position such that when he steps up behind the bench and looks out across the bar at the gallery,
[01:57:23.120 --> 01:57:31.120]  I want him wondering which one, which ones wait for me to do something so he can run down to the grand jury and try to get me indicted.
[01:57:31.120 --> 01:57:39.120]  If Mike gets the ruling we want here, Mike will get it fixed and I won't have to.
[01:57:39.120 --> 01:57:46.120]  The judge has to worry about who's pointing the video camera at me.
[01:57:46.120 --> 01:57:54.120]  It's going to take what I do and put it on YouTube. He will be much more careful with what he does.
[01:57:54.120 --> 01:58:01.120]  Mike will get out of time and thank you very much. I just can't thank you enough.
[01:58:01.120 --> 01:58:11.120]  The amount of work Mike has done to do this for us is just hard to imagine. He's been after this for several years.
[01:58:11.120 --> 01:58:17.120]  He's consumed his whole life, but he can change everything. Thank you all for listening.
[01:58:17.120 --> 01:58:21.120]  We will be back next week. Oh, no, I'm sorry. We won't be back next week.
[01:58:21.120 --> 01:58:27.120]  We're going to run archives over the Christmas holiday, so we'll be back the first of the year.
[01:58:27.120 --> 01:58:32.120]  Thank you all for listening and make sure you tune in when we come back.
[01:58:32.120 --> 01:58:58.120]  Merry Christmas to everyone and good night.
[01:59:02.120 --> 01:59:12.120]  We'll be back next week.
[01:59:33.120 --> 01:59:41.120]  To get your free copy of the New Testament recovery version, call us toll free at 888-551-0102.
[01:59:41.120 --> 02:00:03.120]  That's 888-551-0102 or visit us online at bfa.org.