ROL_2015-01-30_16k_Hr1-2.timecode

[00:00.000 --> 00:07.720]  This is the Liberty Beat, your daily source for Liberty news and activist uptakes, online
[00:07.720 --> 00:08.720]  at thelibertybeat.com.
[00:08.720 --> 00:13.840]  I'm Brian Hagan with your Liberty Beat for Friday, January 30th, 2015.
[00:13.840 --> 00:20.760]  Gold is trading at $1,258, silver $16.94, and bitcoin is trading around $243.35.
[00:20.760 --> 00:27.720]  Today's bitcoin price brought to you by ExpressCoin, the fastest, most reliable way to buy bitcoin.
[00:27.720 --> 00:30.600]  Buy bitcoin today at ExpressCoin.com.
[00:30.600 --> 00:34.680]  Your job, your home, your car, your money, all these things provide you with a sense
[00:34.680 --> 00:35.680]  of security.
[00:35.680 --> 00:37.560]  But what about your family security?
[00:37.560 --> 00:41.160]  What have you done to prepare if all of these things were suddenly gone?
[00:41.160 --> 00:45.800]  eFoods Direct has the food security you need for every emergency.
[00:45.800 --> 00:47.760]  eFoods Direct is food security.
[00:47.760 --> 00:55.400]  Go to eFoodsDirect.com slash Liberty Beat or call 800-620-5520 and mention Liberty Beat
[00:55.400 --> 01:01.040]  for 50% off their food preparation planning packs.
[01:01.040 --> 01:04.840]  While appearing before the Senate Armed Forces Committee, former Secretary of State Henry
[01:04.840 --> 01:09.280]  Kissinger was confronted by protesters calling for his arrest.
[01:09.280 --> 01:14.280]  Activists with code pink interrupted the proceedings, holding a banner and carrying handcuffs.
[01:14.280 --> 01:18.720]  Senator John McCain referred to the protesters as low life scum when demanding the Capitol
[01:18.720 --> 01:19.720]  Police remove them.
[01:19.720 --> 01:25.160]  If we can't get the Capitol Hill police in here immediately, McCain apologized to Kissinger.
[01:25.160 --> 01:31.280]  I have never seen anything as disgraceful and outrageous and despicable.
[01:31.280 --> 01:36.600]  Rosalberg trial, day nine, as the jury heard testimony from former FBI agent, Il-Won Young,
[01:36.600 --> 01:40.720]  who testified about the role he played in seizing and analyzing Silk Road servers in
[01:40.720 --> 01:41.720]  Bitcoin.
[01:41.720 --> 01:45.000]  Also of significance yesterday, the government began the story of a Silk Road vendor who
[01:45.000 --> 01:48.840]  threatened to release the names of thousands of user identities if Dread Pirate Roberts
[01:48.840 --> 01:51.360]  would not pay him $700,000.
[01:51.360 --> 01:55.320]  It was this threat that would lead Dread Pirate Roberts, as shown to the jury on Torch
[01:55.320 --> 02:01.400]  Act, to tell a member of Hells Angels Canada that he wanted to see his blackmailer executed.
[02:01.400 --> 02:05.240]  As the tension rose, the day's proceedings came to an end just before the government
[02:05.240 --> 02:08.880]  laid out the details of the alleged murder for hire arrangement.
[02:08.880 --> 02:12.920]  It was apparent that the prosecution was raising that evidence just before they rested their
[02:12.920 --> 02:13.920]  case.
[02:13.920 --> 02:17.640]  The Liberty Beat's John Bush covering the trial in New York says that judging by the
[02:17.640 --> 02:22.520]  faces of the jurors, that aspect of the case may have an impact on their decisions.
[02:22.520 --> 02:25.760]  The Liberty Beat's continuing trial coverage continues next week.
[02:25.760 --> 02:30.040]  See the Liberty Beat dot com for details on how you can help keep that coverage happening.
[02:30.040 --> 02:34.400]  The Liberty Beat is made possible by WatchMyBit dot com, the first ever micro payment based
[02:34.400 --> 02:35.400]  video service.
[02:35.400 --> 02:39.800]  If you're a content creator, visit WatchMyBit dot com to learn how you can use Bitcoin to
[02:39.800 --> 02:42.000]  generate revenue for your art.
[02:42.000 --> 02:43.600]  That's WatchMyBit dot com.
[02:43.600 --> 02:48.320]  Support also comes from Justice Ranveer's Bitcoinism dot LibertyMeet, thoughts on Bitcoin
[02:48.320 --> 02:49.560]  and the future digital economy.
[02:49.560 --> 02:53.040]  Check out the blog at Bitcoinism dot LibertyMeet.
[02:53.040 --> 02:57.680]  This is the Liberty Beat for Friday, January 30th, 2015.
[02:57.680 --> 03:14.520]  Check out the website at LibertyMeet dot com.
[03:14.520 --> 03:26.360]  Howdy, howdy.
[03:26.360 --> 03:39.080]  This is Randy Kelton, Steve Skidmore, Wheelbar Radio on this Friday, January 30th, 2015.
[03:39.080 --> 03:41.320]  The 12th of a new year's gone already.
[03:41.320 --> 03:45.500]  It's creeping up on us ever faster.
[03:45.500 --> 03:53.400]  Last night we had a couple of callers that were dealing with issues and it was clear
[03:53.400 --> 04:00.240]  from talking to them that they lacked some of the basic things I needed to be able to
[04:00.240 --> 04:04.680]  tell them before I could answer their questions.
[04:04.680 --> 04:10.400]  Those of you who've been listening for quite a while understand what I'm talking about.
[04:10.400 --> 04:18.280]  That's primarily because in law things are not the way we tend to think it is.
[04:18.280 --> 04:23.480]  I know we live a life in this country.
[04:23.480 --> 04:33.720]  We go to high school and college and we have civics class and we watch TV and see courtroom
[04:33.720 --> 04:41.340]  dramas on TV and it gives us the impression things are a certain way, or they're not that
[04:41.340 --> 04:44.160]  way at all.
[04:44.160 --> 04:53.880]  Things are not in law are not the way most people's perceptions gives the impression
[04:53.880 --> 04:56.480]  that it is.
[04:56.480 --> 05:09.040]  We look at the legal system through our need for safety and security and we hold an expectation
[05:09.040 --> 05:18.440]  as we need to hold an expectation that we will be protected by our public servants.
[05:18.440 --> 05:27.920]  We come to conclusions through a glass darkly, very darkly because it's not that way at all.
[05:27.920 --> 05:36.880]  I would like to start out by dispelling a few common fallacies about law.
[05:36.880 --> 05:41.340]  The first one is that the system is fair.
[05:41.340 --> 05:43.480]  The system is not fair.
[05:43.480 --> 05:46.200]  It's not designed to be fair.
[05:46.200 --> 05:51.260]  It's designed to be justly adjudicated.
[05:51.260 --> 05:55.120]  If you expect the judge, the police or anyone else to do what's right, you're destined to
[05:55.120 --> 05:56.120]  be disappointed.
[05:56.120 --> 06:01.200]  As in the first place fairness is very subjective.
[06:01.200 --> 06:09.000]  What is fair is what is in your favor.
[06:09.000 --> 06:17.480]  Now I know most of us don't think that we really feel that way, but if you step back
[06:17.480 --> 06:26.400]  and look at your perception of fairness, you will find that when you perceive something
[06:26.400 --> 06:34.080]  as being beneficial to you, it will always seem to be fair and when you perceive something
[06:34.080 --> 06:39.920]  as not being beneficial to you, you'll perceive it as unfair.
[06:39.920 --> 06:45.440]  We hear a lot of complaining about family court judges.
[06:45.440 --> 06:52.880]  I looked at that situation as I had a friend who worked for CPS and we hear a lot of bad
[06:52.880 --> 07:01.240]  stories about CPS workers and she tried for several months to get two children away from
[07:01.240 --> 07:08.200]  their parents, a two-year-old and a three-year-old and the judge just absolutely refused.
[07:08.200 --> 07:13.040]  After the third time she went to court trying to get these children removed, it was during
[07:13.040 --> 07:18.560]  the winter, the two-year-old got out on the porch is what they believe and the three-year-old
[07:18.560 --> 07:24.600]  went out to get her in, the door closed behind them, they both froze to death on the porch
[07:24.600 --> 07:29.920]  with the parents passed out of drugs in the house.
[07:29.920 --> 07:34.440]  It just killed her soul.
[07:34.440 --> 07:39.820]  She quit the next day and I just talked to someone the other day that quit for not quite
[07:39.820 --> 07:48.400]  as dramatic a reason, but a similar reason, that it's just too hard and if a family court
[07:48.400 --> 07:55.000]  judge, I considered the judge in that case, he certainly did not want to remove children
[07:55.000 --> 07:59.960]  from their maternal parents.
[07:59.960 --> 08:07.200]  Now he will spend the rest of his life thinking that these children are dead because of him.
[08:07.200 --> 08:10.600]  How would you like to be a family court judge?
[08:10.600 --> 08:18.020]  If a family court judge does his job right, everybody's going to be unhappy because nobody
[08:18.020 --> 08:22.400]  will get everything they want.
[08:22.400 --> 08:29.000]  Fairness is subjective and it's elusive.
[08:29.000 --> 08:33.760]  So first off, the courts don't expect the courts to be fair.
[08:33.760 --> 08:39.240]  You can expect the courts to properly adjudicate the law.
[08:39.240 --> 08:43.560]  That's all you can expect from them, but you're not going to get that either.
[08:43.560 --> 08:46.600]  We'll get to that in a bit.
[08:46.600 --> 08:54.080]  The next fallacy is that they speak English in court.
[08:54.080 --> 08:56.040]  They do no such thing.
[08:56.040 --> 09:04.560]  I know when you go into court, you recognize the sounds that they're making and they sound
[09:04.560 --> 09:15.640]  like terms that you're very familiar with, but I assure you that is an illusion for the
[09:15.640 --> 09:17.920]  most part.
[09:17.920 --> 09:23.600]  The terms used in court are terms of art.
[09:23.600 --> 09:31.160]  The language spoken in court is an English dialect called legalese.
[09:31.160 --> 09:41.080]  It takes the same words you and I use every day and gives them different and highly crafted
[09:41.080 --> 09:52.460]  special meaning, the most common example that we use is person.
[09:52.460 --> 10:01.520]  If you read the code, person does not mean the same thing in law that it does when you
[10:01.520 --> 10:05.800]  and I are speaking in the common tongue.
[10:05.800 --> 10:11.200]  When I say person, I'm referring to a living, breathing human being, but when they use the
[10:11.200 --> 10:15.960]  term in court, they're not referring to a living, breathing human being.
[10:15.960 --> 10:23.840]  They're referring to a corporation or a LLC, a legal fixture.
[10:23.840 --> 10:28.480]  Now I know you hear that and you say, what the heck is going on here?
[10:28.480 --> 10:36.240]  Sometimes in some sections of law, person can include a living, breathing human being,
[10:36.240 --> 10:39.920]  but not all the time.
[10:39.920 --> 10:46.760]  When you're in court, be very careful with the language.
[10:46.760 --> 10:56.200]  Look at the law that is being applied and look at the definitions in that law.
[10:56.200 --> 11:03.080]  Most of your chapters in law will have a definition section at the front.
[11:03.080 --> 11:10.440]  You should always read that definition section because it says in this chapter, these words
[11:10.440 --> 11:12.360]  mean these things.
[11:12.360 --> 11:18.760]  You need to know what they mean and they only define them in the beginning because they
[11:18.760 --> 11:27.040]  don't have the same meaning they have in the common tongue or when used in other legal
[11:27.040 --> 11:29.040]  contexts.
[11:29.040 --> 11:32.600]  When you go into court, be very careful about the language you use.
[11:32.600 --> 11:38.160]  I know if you're new to this sort of thing and you're a pro se, that's going to be a
[11:38.160 --> 11:46.480]  pretty tall order, but if we're to win, that's one of the things you have to pay close attention
[11:46.480 --> 11:47.480]  to.
[11:47.480 --> 11:56.080]  The next fallacy is that the judge is there to seek justice.
[11:56.080 --> 11:59.920]  He is there for no such thing.
[11:59.920 --> 12:04.520]  The judge is there for one reason.
[12:04.520 --> 12:08.440]  He must, I'm sorry, I guess I should say two reasons.
[12:08.440 --> 12:14.680]  The first is he must determine the facts in accordance with the rules of evidence, then
[12:14.680 --> 12:20.200]  apply the law as it comes to him to the facts in the case.
[12:20.200 --> 12:26.360]  If he does anything else, he's outside scope.
[12:26.360 --> 12:36.340]  This is very important to understand and we'll get to more of this further down in this discussion,
[12:36.340 --> 12:43.120]  but you have to understand you can go before the judge and give him the most compelling
[12:43.120 --> 12:50.080]  reasons why he should rule for you and the most convincing arguments and he can agree
[12:50.080 --> 12:58.120]  with you, but if you haven't given him facts in accordance with the rules of evidence and
[12:58.120 --> 13:06.320]  then the law as it applies to those facts, he has no power to rule in your favor.
[13:06.320 --> 13:16.440]  I believe that for the pro se or pro per going before the courts, this is the primary source
[13:16.440 --> 13:24.520]  of most of the frustration and disappointment that we have.
[13:24.520 --> 13:30.520]  I suggest to anybody going before the court, do not expect the judge to be convinced by
[13:30.520 --> 13:34.480]  your story.
[13:34.480 --> 13:37.880]  Forget that noise.
[13:37.880 --> 13:45.160]  He will only be convinced by the facts and the law and that goes to the next fallacy.
[13:45.160 --> 13:53.360]  You will win your case if you have the law and the facts on your side.
[13:53.360 --> 13:59.000]  That is absolutely not true.
[13:59.000 --> 14:03.080]  You will not win your case simply because you have the law and the facts on your side
[14:03.080 --> 14:06.800]  or think so is naive.
[14:06.800 --> 14:09.960]  It is not that way now.
[14:09.960 --> 14:13.320]  It never has been that way.
[14:13.320 --> 14:18.240]  The courts have been corrupt since we've had courts.
[14:18.240 --> 14:24.720]  The reason they are corrupt is they are administered by human beings.
[14:24.720 --> 14:33.000]  When it comes to doing things in a just and fair manner, human beings really suck at that.
[14:33.000 --> 14:40.360]  Human beings do what feels just, right and expedient at the moment.
[14:40.360 --> 14:48.520]  I have a book on linguistics and he has a whole list of things people do in there.
[14:48.520 --> 14:55.080]  One of them specifically stuck in my mind.
[14:55.080 --> 15:05.280]  Let me read a few of them to you so what I'm talking about here will make more sense.
[15:05.280 --> 15:08.760]  People tend to believe what they want to believe.
[15:08.760 --> 15:15.040]  People tend to project their own biases and experiences upon situations.
[15:15.040 --> 15:17.680]  People tend to generalize from the specific.
[15:17.680 --> 15:23.440]  People tend to get personally involved in the analysis of an issue and tend to let their
[15:23.440 --> 15:27.440]  feelings overcome a sense of objectivity.
[15:27.440 --> 15:29.320]  People are not good listeners.
[15:29.320 --> 15:31.120]  They hear selectively.
[15:31.120 --> 15:37.640]  They often hear only what they want to hear and I should preface that with not just what
[15:37.640 --> 15:42.520]  they want to hear but what they expect to hear.
[15:42.520 --> 15:46.000]  People are eager to rationalize.
[15:46.000 --> 15:52.640]  People are often unable to distinguish what is relevant from what is irrelevant.
[15:52.640 --> 15:57.840]  People are easily diverted from the specific issue at hand.
[15:57.840 --> 16:03.940]  People are usually unwilling to explore thoroughly the ramifications of a topic.
[16:03.940 --> 16:06.760]  People tend to oversimplify.
[16:06.760 --> 16:09.280]  People often judge from appearances.
[16:09.280 --> 16:17.000]  They observe something, misinterpret what they observe and make terrible errors in judgment.
[16:17.000 --> 16:21.520]  People often simply don't know what they are talking about especially in matters of
[16:21.520 --> 16:23.240]  general discussion.
[16:23.240 --> 16:28.920]  They rarely think carefully before they speak but they allow their feelings, prejudices,
[16:28.920 --> 16:35.520]  biases, likes, dislikes, hopes and frustrations to supersede careful thinking and this is
[16:35.520 --> 16:39.920]  the one that stuck with me the most.
[16:39.920 --> 16:47.360]  People rarely act according to a consistent set of standards.
[16:47.360 --> 16:54.760]  I'm about done here so I'll pick this up on the other side.
[16:54.760 --> 17:22.440]  Randy Kelton, this is T. Schidmore and we'll be right back.
[17:25.760 --> 17:32.200]  The first 50 people who donate $25 will receive a free jar of My Magic Mud detoxifying tooth
[17:32.200 --> 17:33.200]  powder.
[17:33.200 --> 17:36.320]  Please visit logosradionetwork.com for more details.
[17:36.320 --> 17:42.040]  If you appreciate truth in media and have enjoyed Logos Radio Network programming, contribute
[17:42.040 --> 17:47.280]  to this very important fundraiser sponsored by Central Texas Gunworks and My Magic Mud.
[17:47.280 --> 17:52.840]  Secure your chance to win a Glock 42 and get your free jar of My Magic Mud now.
[17:52.840 --> 17:55.320]  The contest ends January 31st.
[17:55.320 --> 18:00.600]  Support free speech radio at its best.
[18:00.600 --> 18:05.160]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[18:05.160 --> 18:09.400]  Stop debt collectors now with the Michael Mears proven method.
[18:09.400 --> 18:13.720]  Michael Mears has won six cases in federal court against debt collectors and now you
[18:13.720 --> 18:14.720]  can win too.
[18:14.720 --> 18:19.680]  You'll get step by step instructions in plain English on how to win in court using federal
[18:19.680 --> 18:20.680]  civil rights statutes.
[18:20.680 --> 18:26.200]  What to do when contacted by phone, mail or court summons, how to answer letters and phone
[18:26.200 --> 18:30.840]  calls, how to get debt collectors out of your credit report, how to turn the financial tables
[18:30.840 --> 18:34.160]  on them and make them pay you to go away.
[18:34.160 --> 18:39.000]  The Michael Mears proven method is the solution for how to stop debt collectors.
[18:39.000 --> 18:41.400]  Personal consultation is available as well.
[18:41.400 --> 18:46.960]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:46.960 --> 18:49.880]  or email michaelmears at yahoo.com.
[18:49.880 --> 18:59.440]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:59.440 --> 19:00.440]  collectors now.
[19:00.440 --> 19:22.040]  You are listening to the Logos Radio Network, logosradio.com.
[19:22.040 --> 19:23.040]  We are back.
[19:23.040 --> 19:26.560]  Randy Kelton, Steve Skidmore, Rule of Law Radio.
[19:26.560 --> 19:36.000]  I was reading a set of things people tend to do that are the cause of miscommunication.
[19:36.000 --> 19:45.720]  The last one I read was people rarely act according to a set of consistent standards.
[19:45.720 --> 19:49.280]  That one is so important.
[19:49.280 --> 19:57.560]  We tend to act and react based on contextual references.
[19:57.560 --> 20:03.400]  If somebody comes in and stomps on your toe, then it's clear you did that on purpose and
[20:03.400 --> 20:05.400]  it hurt.
[20:05.400 --> 20:12.920]  Your inner mind will go inside and pull up what it believes to be is an appropriate context,
[20:12.920 --> 20:16.320]  most likely anger.
[20:16.320 --> 20:25.480]  And your conscious mind will draw its actions and reactions from that particular context.
[20:25.480 --> 20:32.520]  Because over time throughout our life, we've learned what is appropriate behavior in angry
[20:32.520 --> 20:35.160]  situations.
[20:35.160 --> 20:42.720]  And most every other situation we can imagine, we have over time developed ways of acting
[20:42.720 --> 20:47.760]  and we gather those together in different contexts.
[20:47.760 --> 20:57.040]  Now being able to do that gives humans the ability to become extremely sophisticated.
[20:57.040 --> 21:05.520]  But it also has some serious drawbacks because for the most part, this contextual aspect
[21:05.520 --> 21:10.120]  of our behavior is hidden below the conscious aspect.
[21:10.120 --> 21:14.400]  Because aspects too busy dealing with the details, so it doesn't pay much attention
[21:14.400 --> 21:19.280]  to the underlying context.
[21:19.280 --> 21:26.680]  And when we have a judge sitting up there on the bench, we expect him to be fair and
[21:26.680 --> 21:34.640]  honest and he probably feels like he's fair and honest, but we have no idea what mental
[21:34.640 --> 21:45.240]  context he brings with him, especially if you step before him without a lawyer.
[21:45.240 --> 21:51.680]  We'll get to the four sided chessboard a little later and explain the dynamics of why that
[21:51.680 --> 21:58.320]  will tend to generate a mental context in the mind of the judge that could be very detrimental
[21:58.320 --> 21:59.320]  to you.
[21:59.320 --> 22:03.880]  But if somebody called him on it and said, now wait a minute, you're being unfair and
[22:03.880 --> 22:08.520]  you're ruling biased, he would say, oh no, I wasn't.
[22:08.520 --> 22:14.440]  I was taking great care to be fair and unbiased.
[22:14.440 --> 22:22.080]  That's because people seldom operate from consistent set of beliefs or standards.
[22:22.080 --> 22:29.080]  And for that reason, we can't expect the judge to be fair and honest.
[22:29.080 --> 22:37.880]  Okay, maybe he will be fair and honest, but as I'll demonstrate shortly, it behooves us
[22:37.880 --> 22:43.440]  to conduct ourselves as if he will not.
[22:43.440 --> 22:51.560]  Okay, next thing I wanted to go to in that context are kin's four rules, I've talked
[22:51.560 --> 23:01.520]  about those before and these will help frame the kinds of reasonable expectations you can
[23:01.520 --> 23:02.520]  hold.
[23:02.520 --> 23:06.200]  The first rule is everything is political.
[23:06.200 --> 23:13.280]  Everything is political and all politics is local.
[23:13.280 --> 23:25.280]  Whether the judge wants to rule partially or not, even if he strives to be impartial,
[23:25.280 --> 23:29.720]  he is subject to political pressures.
[23:29.720 --> 23:36.160]  He's a lawyer, he's spent his career dealing with other lawyers, pro se is coming in there
[23:36.160 --> 23:41.320]  without a lawyer, he's costing one of his buddies some money.
[23:41.320 --> 23:44.360]  He deals with pro se and they have no clue as to what they're doing.
[23:44.360 --> 23:49.400]  He's going to have to put up with this nonsense and it gives him a headache.
[23:49.400 --> 23:54.960]  He's still trying to be fair and honest, but it still gives him a headache.
[23:54.960 --> 23:56.440]  So everything is political.
[23:56.440 --> 24:04.240]  If you're going to win your case, you have to find a way to get the politics on your
[24:04.240 --> 24:05.240]  side.
[24:05.240 --> 24:13.240]  We won't talk about that today or maybe later depending on the calls we get.
[24:13.240 --> 24:19.360]  We have a lot of tools for getting the politics on your side, it's not as hard as it sounds.
[24:19.360 --> 24:28.560]  That may be wrong, it's just basically wrong that we have to consider the politics.
[24:28.560 --> 24:36.240]  We want to be able to read the law and say, this is what the law says, so this is what
[24:36.240 --> 24:39.480]  we can expect them to do.
[24:39.480 --> 24:50.600]  I suggest you exercise extreme care in doing that because of this need we have to hold
[24:50.600 --> 24:57.160]  the perception of fairness from our courts.
[24:57.160 --> 25:06.800]  Because if you go in holding that expectation and that expectation is dashed, you will likely
[25:06.800 --> 25:16.520]  react with anger, frustration, fear, because all of a sudden it's been demonstrated to
[25:16.520 --> 25:25.160]  you that all these years you thought you were protected, you actually weren't.
[25:25.160 --> 25:38.680]  And that will tend to cause you to access a mental context often construed as betrayal.
[25:38.680 --> 25:44.320]  And when you feel betrayed, you tend to become righteously indignant.
[25:44.320 --> 25:50.880]  And when you become righteously indignant, you tend to get louder, you tend to be less
[25:50.880 --> 26:02.480]  cautious, you tend to take far less care in the words you say and the way you say them.
[26:02.480 --> 26:10.480]  These judges, lawyers, police officers, they are very familiar with that particular kind
[26:10.480 --> 26:12.680]  of response.
[26:12.680 --> 26:20.480]  And they are very adept at getting that response from you, not necessarily because they want
[26:20.480 --> 26:24.320]  that response.
[26:24.320 --> 26:30.160]  People tend not to get in life what they want or what they wish for.
[26:30.160 --> 26:34.840]  The mind's not motivated toward your wants and your wishes.
[26:34.840 --> 26:40.240]  The mind is motivated toward your expectations.
[26:40.240 --> 26:49.680]  If a police officer expects you to be smart mouth, angry and difficult and you're not,
[26:49.680 --> 26:55.360]  that will interrupt his expectation and consciously he's not going to realize why he's annoyed
[26:55.360 --> 26:57.760]  by that.
[26:57.760 --> 27:04.000]  But his expectations are coming false and it makes him wonder what he's missed.
[27:04.000 --> 27:13.440]  So he will tend to act out more to generate his expectations.
[27:13.440 --> 27:14.440]  They are very good at that.
[27:14.440 --> 27:22.400]  And the reason I say, expect the judge to rule against you out of hand at every turn.
[27:22.400 --> 27:27.000]  That will interrupt your feeling of betrayal.
[27:27.000 --> 27:34.440]  That will keep you from sinking down into that set of responses and reactions that lead
[27:34.440 --> 27:35.440]  to bad outcomes.
[27:35.440 --> 27:42.920]  And it's okay if the judge rules against you out of hand at every turn because before going
[27:42.920 --> 27:46.800]  into court, we're going to prepare for that.
[27:46.800 --> 27:51.760]  Second of kids rules after everything is political.
[27:51.760 --> 28:02.120]  Perception is everything and perception stands hand in hand with politics.
[28:02.120 --> 28:08.200]  Perception goes to a person's biases and prejudices.
[28:08.200 --> 28:11.560]  How they perceive you is how you are.
[28:11.560 --> 28:16.120]  And if they perceive you in a given way and you can't interrupt that, it makes no difference
[28:16.120 --> 28:18.760]  what you do.
[28:18.760 --> 28:20.200]  That's different.
[28:20.200 --> 28:29.080]  They will still tend to judge what you say and what you do from that perspective.
[28:29.080 --> 28:34.120]  Third, everything is negotiable.
[28:34.120 --> 28:41.480]  I was frustrated with myself after helping about 700 people file federal lawsuits and
[28:41.480 --> 28:45.680]  foreclosure issues.
[28:45.680 --> 28:48.800]  All I thought about was how to fight these guys.
[28:48.800 --> 28:53.280]  Yeah, we talked for years about, all right, you guys fight this court, we can fight these
[28:53.280 --> 28:54.280]  lawyers.
[28:54.280 --> 29:01.320]  Well, it never occurred to me that there may be a whole other way of doing this that creates
[29:01.320 --> 29:02.760]  a much better remedy.
[29:02.760 --> 29:08.320]  I can help you fight the courts and I helped you hold them off for years, but it's going
[29:08.320 --> 29:10.600]  to make you crazy.
[29:10.600 --> 29:15.440]  And most people just threw up their hands and walked away, they couldn't stand the stress.
[29:15.440 --> 29:20.880]  So for all our great remedies, they turned out to be no great help to the individual
[29:20.880 --> 29:23.600]  until I realized everything's negotiable.
[29:23.600 --> 29:28.680]  Let's go in and negotiate with these guys, squeeze them into a good deal and everybody
[29:28.680 --> 29:29.680]  wins.
[29:29.680 --> 29:31.280]  We're about to go to another break.
[29:31.280 --> 29:35.000]  This is Randy Kelton, Steve Skidmore, Rule of Law Radio.
[29:35.000 --> 29:40.080]  Our call in number is 512-646-1984.
[29:40.080 --> 29:45.000]  I've got one more rule and I'll give you that one before we go.
[29:45.000 --> 29:49.800]  The last rule is document, document, document.
[29:49.800 --> 29:54.840]  When we come back, we're going to go to how the courts work.
[29:54.840 --> 30:03.480]  We'll be right back.
[30:03.480 --> 30:05.760]  Are you prepared for your billboard moment?
[30:05.760 --> 30:10.480]  If you post on social network sites, you might be heading for the spotlight in a bad way.
[30:10.480 --> 30:13.680]  I'm Dr. Catherine Albrecht and I'll tell you more in just a moment.
[30:13.680 --> 30:19.000]  Your search engine is watching you, recording all your searches and creating a massive database
[30:19.000 --> 30:20.800]  of your personal information.
[30:20.800 --> 30:21.980]  That's creepy.
[30:21.980 --> 30:24.080]  But it doesn't have to be that way.
[30:24.080 --> 30:27.200]  Startpage.com is the world's most private search engine.
[30:27.200 --> 30:31.320]  Startpage doesn't store your IP address, make a record of your searches or use tracking
[30:31.320 --> 30:33.600]  cookies and they're third party certified.
[30:33.600 --> 30:38.080]  If you don't like big brother spying on you, start over with Startpage.
[30:38.080 --> 30:40.960]  Great search results and total privacy.
[30:40.960 --> 30:43.520]  Startpage.com, the world's most private search engine.
[30:43.520 --> 30:48.960]  What do an Israeli soldier, a Massachusetts high school teacher and an Oregon mayor have
[30:48.960 --> 30:49.960]  in common?
[30:49.960 --> 30:54.520]  Just a few folks whose tweets, Facebook wall posts and other social networking faux pas
[30:54.520 --> 30:56.080]  have come back to haunt them.
[30:56.080 --> 30:59.800]  The soldier's post about his unit's planned raid stopped the army.
[30:59.800 --> 31:04.560]  The teacher lost her job for referring to students as germ bags and the mayor was stripped
[31:04.560 --> 31:07.120]  of her office for posing in her undies.
[31:07.120 --> 31:08.760]  So think before you post.
[31:08.760 --> 31:12.960]  If you wouldn't want it shouted from the rooftops, downloaded by an enemy, published in the employee
[31:12.960 --> 31:17.520]  newsletter or emblazoned on a billboard by a busy street, don't post it on the internet.
[31:17.520 --> 31:19.400]  I'm Dr. Catherine Albrecht.
[31:19.400 --> 31:21.840]  More news and information at CatherineAlbrecht.com.
[31:49.400 --> 32:08.640]  In today's America, we live in an us-against-them society and if we, the people, are ever going
[32:08.640 --> 32:12.240]  to have a free society, then we're going to have to stand and defend our own rights.
[32:12.240 --> 32:15.800]  Among those rights are the right to travel freely from place to place, the right to act
[32:15.800 --> 32:19.560]  in our own private capacity and, most importantly, the right to due process of law.
[32:19.560 --> 32:23.680]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:23.680 --> 32:25.040]  our rights through due process.
[32:25.040 --> 32:29.040]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[32:29.040 --> 32:32.840]  most comprehensive teaching tool available that will help you understand what due process
[32:32.840 --> 32:35.200]  is and how to hold the courts to the rule of law.
[32:35.200 --> 32:39.240]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.240 --> 32:40.560]  ordering your copy today.
[32:40.560 --> 32:43.920]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:43.920 --> 32:48.320]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.320 --> 32:50.320]  documents and other useful resource material.
[32:50.320 --> 32:53.960]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:53.960 --> 33:21.680]  Order your copy today and together we can have the free society we all want and deserve.
[33:23.960 --> 33:42.400]  Okay, we are back, Randy Kelton, Steve Skidmore with Rule of Law Radio.
[33:42.400 --> 33:50.440]  And when I went out, I was finishing up with document, document, document.
[33:50.440 --> 33:51.440]  Document everything.
[33:51.440 --> 33:57.520]  You can either make a phone call if you can avoid it, if you can do it by email.
[33:57.520 --> 34:04.120]  Because contrary to popular misconception, your public officials are not the fair and
[34:04.120 --> 34:08.880]  honest individuals you would like them to be.
[34:08.880 --> 34:17.860]  Sometimes I believe that police departments give their officers courses in testifying.
[34:17.860 --> 34:25.000]  Sometimes I believe that police officers would lie when the truth would do better.
[34:25.000 --> 34:26.000]  And I hate to say that.
[34:26.000 --> 34:30.760]  I hate to say it on the air because I know a number of police officers and I don't know
[34:30.760 --> 34:34.960]  a single one that wants to be corrupt, that wants to be a jackbooted thug.
[34:34.960 --> 34:37.840]  They want to be good guys.
[34:37.840 --> 34:46.080]  And they go into the business of police work only to find out it's not anything like they
[34:46.080 --> 34:48.840]  thought it was.
[34:48.840 --> 34:50.800]  It's not about being the good guys.
[34:50.800 --> 34:54.380]  It's about dollar flow.
[34:54.380 --> 34:59.800]  It's about easing the workload of prosecutors and judges.
[34:59.800 --> 35:03.880]  Justice is not something most of them are concerned about.
[35:03.880 --> 35:14.920]  So when you talk to them, always assume that the police officer, the prosecutor, the attorney
[35:14.920 --> 35:23.280]  on the opposite side and the judge will misconstrue everything you say if there is any possible
[35:23.280 --> 35:26.600]  way they can.
[35:26.600 --> 35:31.480]  If you speak verbally, they will lie like dogs.
[35:31.480 --> 35:40.360]  One thing I will never do is go into a private office with a police officer or an investigator.
[35:40.360 --> 35:43.960]  That's not going to happen.
[35:43.960 --> 35:49.440]  I've had that happen before in Williamson County and wound up in jail.
[35:49.440 --> 35:54.640]  No way we're getting outside the public and you put a recorder on the table.
[35:54.640 --> 36:00.320]  If they say you can't record, do not talk to them.
[36:00.320 --> 36:05.080]  There's a video going around of a law school professor who was telling his students when
[36:05.080 --> 36:09.720]  they should advise their clients to talk to the police.
[36:09.720 --> 36:19.480]  Never, never, never, and he went on to explain how it is never in their best interest to
[36:19.480 --> 36:20.480]  talk to the police.
[36:20.480 --> 36:29.200]  Because the policeman is only asking you questions so that he can find a reason to arrest you.
[36:29.200 --> 36:37.820]  Now that may not be true, but you would be well served to consider that he is and be
[36:37.820 --> 36:45.240]  extremely careful in talking to a policeman, a prosecutor, a lawyer, or a judge.
[36:45.240 --> 36:50.560]  Anytime you can, do it in writing.
[36:50.560 --> 36:55.600]  When you do things in writing, you tend to be more cautious.
[36:55.600 --> 37:03.040]  You are somewhat protected against unintentional slips of the tongue.
[37:03.040 --> 37:11.080]  I did that ever so slightly last Thursday and the judge almost had me arrested.
[37:11.080 --> 37:13.240]  It was really, really close.
[37:13.240 --> 37:16.760]  He'd already called all the baits.
[37:16.760 --> 37:20.400]  I'll talk about that later.
[37:20.400 --> 37:28.080]  But I let one little slip and I could have wound up in jail and he sure wanted me there.
[37:28.080 --> 37:30.440]  This was over a grand jury issue.
[37:30.440 --> 37:32.760]  Anyway, document, document, document.
[37:32.760 --> 37:36.640]  Now we're going to talk about how the courts work.
[37:36.640 --> 37:40.280]  The courts don't work the way you've been led to believe.
[37:40.280 --> 37:45.960]  And I mentioned earlier that the judge is not there to find justice.
[37:45.960 --> 37:49.400]  He's not there to find equity.
[37:49.400 --> 37:54.720]  He's there to determine the facts in accordance with the rules of evidence and apply the law
[37:54.720 --> 37:58.280]  as it comes to him to the facts in the case.
[37:58.280 --> 38:00.360]  That's all.
[38:00.360 --> 38:04.280]  For that, he has no discretion.
[38:04.280 --> 38:12.040]  So you know, oftentimes you'll have judges go off topic and express their anger and concern
[38:12.040 --> 38:13.040]  with a client.
[38:13.040 --> 38:19.360]  When a judge steps out from behind the facts, then I'm going to do my best to bring him
[38:19.360 --> 38:26.280]  back because when he steps out from behind the facts, now he's entering into an area
[38:26.280 --> 38:28.480]  he has no right to be.
[38:28.480 --> 38:31.240]  He's exceeding his scope.
[38:31.240 --> 38:38.840]  If you come to him and give him a compelling argument and convincing story as to why he
[38:38.840 --> 38:49.560]  should rule in your favor and he rules in your favor without facts and law, he's violated
[38:49.560 --> 38:52.360]  his oath of office.
[38:52.360 --> 38:58.760]  He's violated it if he did it for you and he's violated it if he did it for someone else.
[38:58.760 --> 38:59.760]  That's not what we have.
[38:59.760 --> 39:01.400]  We don't have judges there to find justice.
[39:01.400 --> 39:09.760]  We have them there to adjudicate law and it is our legislator's responsibility to so construct
[39:09.760 --> 39:21.320]  the law that the outcome of a judge applying the law to the facts will result in justice.
[39:21.320 --> 39:26.200]  The last thing we want to do is go back to the common law.
[39:26.200 --> 39:31.800]  When we had the common law, then the judge could find equity.
[39:31.800 --> 39:43.360]  He could apply a remedy as he felt just and proper in the instant situation.
[39:43.360 --> 39:45.880]  Problem.
[39:45.880 --> 39:49.280]  The judge is not an automaton.
[39:49.280 --> 39:56.380]  The judge is a human being and what he thinks is just and equitable may or may not be just
[39:56.380 --> 40:03.840]  and equitable based on his personal biases and prejudices.
[40:03.840 --> 40:07.080]  These guys calling for the common law.
[40:07.080 --> 40:14.100]  I often wonder, do you really understand what you're asking?
[40:14.100 --> 40:22.040]  You want to go back to a situation where a judge can essentially rule any way he wants
[40:22.040 --> 40:28.840]  to and when he makes the ruling, it becomes law.
[40:28.840 --> 40:35.200]  Our founders looked at that and said, not going to happen.
[40:35.200 --> 40:40.400]  We're going to have that judge bound by statute.
[40:40.400 --> 40:46.360]  The ones who will find equity are the legislators.
[40:46.360 --> 40:53.520]  It's their job to construct that law so that the law brings equity, not the judge's place
[40:53.520 --> 41:00.400]  to stand in front of the legislatures and do things how he wants to.
[41:00.400 --> 41:05.640]  Sometimes they talk about proactive judges and that's the problem with a proactive judge.
[41:05.640 --> 41:12.040]  Even if he's acting in your benefit, the few times the judge will act proactively in your
[41:12.040 --> 41:21.080]  benefit are far outweighed by the times he will act toward the benefit of those more
[41:21.080 --> 41:27.640]  politically connected and those with more money so they can influence his reelection
[41:27.640 --> 41:30.960]  chances.
[41:30.960 --> 41:32.960]  We need them bound by law.
[41:32.960 --> 41:40.480]  Now, when you go to court, never expect to win in the trial court.
[41:40.480 --> 41:46.600]  You should never ever expect the judge to do anything other than rule against you out
[41:46.600 --> 41:49.360]  of hand at every turn.
[41:49.360 --> 41:53.040]  Okay, maybe he won't.
[41:53.040 --> 42:01.440]  Maybe he will actually rule properly and in accordance with the facts in the law, but
[42:01.440 --> 42:08.160]  it certainly behooves you to act as if the judge will rule against you out of hand at
[42:08.160 --> 42:11.560]  every turn, no matter what the law says.
[42:11.560 --> 42:18.300]  It is your purpose and it should be your only purpose in the trial court to set the record
[42:18.300 --> 42:20.040]  for appeal.
[42:20.040 --> 42:27.320]  If you go in there with that mindset, then when the judge wills against you, you won't
[42:27.320 --> 42:29.040]  feel betrayed.
[42:29.040 --> 42:33.640]  You won't feel mistreated and defeated.
[42:33.640 --> 42:37.520]  You'll say, okay, Mark, one more for the appeals court.
[42:37.520 --> 42:44.440]  Thursday, I went to challenge the grand jury panel.
[42:44.440 --> 42:51.160]  So 19.27 grants me that right.
[42:51.160 --> 42:58.840]  The judge just told the prosecutor and bailiffs and the judge's secretary, which happens to
[42:58.840 --> 43:04.400]  be his wife, that I was there to challenge the panel and he just impaneled the grand
[43:04.400 --> 43:07.800]  jury and sent them out.
[43:07.800 --> 43:13.840]  And when I questioned him about it, he just read me the riot act because this judge hates
[43:13.840 --> 43:20.480]  me and he is crawling down my throat telling me it's my job to figure out how to do this.
[43:20.480 --> 43:27.760]  It's not his job and I'm trying to keep from grinning at him and he can tell and it's making
[43:27.760 --> 43:31.200]  him absolutely furious.
[43:31.200 --> 43:34.280]  And he's telling me all this stuff of what he's going to do and how they're going to
[43:34.280 --> 43:35.280]  do it.
[43:35.280 --> 43:39.200]  And I said, well, we'll just take that up to Travis County.
[43:39.200 --> 43:41.760]  The one slip.
[43:41.760 --> 43:43.760]  Are you threatening me?
[43:43.760 --> 43:44.760]  He was so mad.
[43:44.760 --> 43:46.520]  He brought his bailiffs over to arrest me.
[43:46.520 --> 43:51.960]  I managed to talk him out of it, but I did not expect him to do what I wanted.
[43:51.960 --> 43:55.400]  I wanted him not to and I'll explain that when I come back.
[43:55.400 --> 43:59.560]  Randy Kelton, Steve Kigmore, we'll be right back.
[43:59.560 --> 44:08.120]  Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by our
[44:08.120 --> 44:13.440]  store at 1904 Guadalupe Street, Sweet D here in Austin, Texas, behind Brave New Books and
[44:13.440 --> 44:18.200]  Chase Bank to see all our fantastic health and wellness products with your very own eyes.
[44:18.200 --> 44:22.600]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
[44:22.600 --> 44:26.520]  Take a peek at some of our other wonderful products, including our Australian Eme oil,
[44:26.520 --> 44:30.320]  lotion candles, olive oil, soaps, and colloidal silver and gold.
[44:30.320 --> 44:37.520]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.520 --> 44:43.160]  That's 512-264-4043, naturespureorganics.com.
[44:43.160 --> 45:01.240]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.240 --> 45:04.400]  Are you the plaintiff or defendant in a lawsuit?
[45:04.400 --> 45:09.640]  Win your case without an attorney with Juris Dictionary, the affordable, easy to understand
[45:09.640 --> 45:14.320]  4-CD course that will show you how in 24 hours, step-by-step.
[45:14.320 --> 45:18.920]  If you have a lawyer, know what your lawyer should be doing.
[45:18.920 --> 45:23.160]  If you don't have a lawyer, know what you should do for yourself.
[45:23.160 --> 45:28.040]  Thousands have won with our step-by-step course, and now you can too.
[45:28.040 --> 45:34.800]  Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.800 --> 45:39.440]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:39.440 --> 45:43.600]  principles and practices that control our American courts.
[45:43.600 --> 45:49.800]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.800 --> 45:52.040]  pro se tactics, and much more.
[45:52.040 --> 45:59.840]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[45:59.840 --> 46:28.880]  Okay, we are back, Randy Kelton, Steve Skidmore, and I expect to finish this up, this segment,
[46:28.880 --> 46:34.960]  and we'll have the phone lines open, so let me make sure they're actually turned on.
[46:34.960 --> 46:38.000]  So if you have a question or comment, give us a call.
[46:38.000 --> 46:41.760]  As soon as I'm done with this, we'll be taking calls.
[46:41.760 --> 46:51.800]  Okay, your only purpose in the trial court is to set the record for appeal.
[46:51.800 --> 46:56.160]  That way, you don't worry about what the judge does.
[46:56.160 --> 46:59.120]  Most cases are decided on appeal.
[46:59.120 --> 47:05.160]  Both lawyers expect their case to be decided on appeal.
[47:05.160 --> 47:09.720]  Both lawyers expect not to get everything they want.
[47:09.720 --> 47:12.920]  So both of them expect to appeal no matter what happens.
[47:12.920 --> 47:17.040]  Even if the judge rules in their favor, if he don't rule enough in their favor, they're
[47:17.040 --> 47:18.040]  going to appeal.
[47:18.040 --> 47:22.320]  So everything they're doing is about setting the record for appeal.
[47:22.320 --> 47:30.480]  The next thing to understand about how the court works, it doesn't work the way we're
[47:30.480 --> 47:32.280]  led to believe it is.
[47:32.280 --> 47:38.440]  You hire a lawyer and you go into court and you've been watching Perry Mason and you think
[47:38.440 --> 47:43.160]  your lawyer's in there fighting tooth and nail for your benefit.
[47:43.160 --> 47:47.880]  Well, that's not how it works.
[47:47.880 --> 47:55.320]  Whoever the lawyer is your representative, he is a businessman.
[47:55.320 --> 48:03.520]  He went to law school and most likely created a $150,000 to $180,000 student loan that he
[48:03.520 --> 48:06.040]  has to pay off.
[48:06.040 --> 48:08.080]  He has bills to pay.
[48:08.080 --> 48:13.000]  He's got paralegals and secretaries he has to pay.
[48:13.000 --> 48:15.160]  So he's in business first.
[48:15.160 --> 48:21.920]  Do not imagine that that lawyer is going to do anything that might jeopardize his position
[48:21.920 --> 48:28.360]  or his income simply for the purpose of adjudicating your rights.
[48:28.360 --> 48:33.920]  The best way to understand this, it's all about relationships.
[48:33.920 --> 48:39.560]  When you go into court, it's like a four-sided chessboard.
[48:39.560 --> 48:46.360]  On the one side you have your lawyer, you're on one corner, on the right corner you've
[48:46.360 --> 48:52.120]  got your lawyer, on the left corner you've got the other lawyer and across from you you've
[48:52.120 --> 48:54.640]  got the judge.
[48:54.640 --> 48:56.640]  This is all about relationships.
[48:56.640 --> 49:04.320]  Everybody at the table has relationships with everybody else except you.
[49:04.320 --> 49:08.920]  You only have a relationship with your lawyer.
[49:08.920 --> 49:13.520]  You must understand those dynamics.
[49:13.520 --> 49:17.120]  Your lawyer is not just on your side.
[49:17.120 --> 49:20.080]  He's on everybody's side.
[49:20.080 --> 49:23.560]  The other lawyer, the other client doesn't matter.
[49:23.560 --> 49:26.520]  The other lawyer is what's matter because the other client is the same position you
[49:26.520 --> 49:34.880]  are but you have a judge and two lawyers who all know each other, who all work with each
[49:34.880 --> 49:35.880]  other all the time.
[49:35.880 --> 49:40.840]  They all come to work every day just about and they see everybody, each other most every
[49:40.840 --> 49:45.160]  day or at least once a week so they know each other real well.
[49:45.160 --> 49:49.080]  They go out and play golf together, they go out and have drinks together and they come
[49:49.080 --> 49:50.080]  to work.
[49:50.080 --> 49:52.080]  This is a job for them.
[49:52.080 --> 49:56.600]  It's your life for you but not for them.
[49:56.600 --> 50:00.960]  You have to pay attention to the dynamics.
[50:00.960 --> 50:08.120]  The last criminal case I had in Austin where the DPS guy knocked out one of my tooth teeth
[50:08.120 --> 50:14.320]  while I was waiting for the Austin police to come and arrest him, then they charged
[50:14.320 --> 50:26.040]  me with, I forget, I think criminal trespass or something but I went to court and they
[50:26.040 --> 50:32.040]  assigned me counsel, the judge, they called me in for a see if I have an attorney hearing
[50:32.040 --> 50:39.240]  and I called the judge about not having authority to do that but since she was Ron Earl's daughter
[50:39.240 --> 50:44.160]  and highly political, I decided she was the best judge I could have so she asked me if
[50:44.160 --> 50:45.160]  I had an attorney.
[50:45.160 --> 50:46.560]  I said, no your honor, I do not.
[50:46.560 --> 50:47.560]  Would you like an attorney?
[50:47.560 --> 50:49.960]  I said, are you going to hire an attorney?
[50:49.960 --> 50:50.960]  Nope.
[50:50.960 --> 50:51.960]  Would you like me to appoint you counsel?
[50:51.960 --> 50:52.960]  I don't care what you do.
[50:52.960 --> 50:56.320]  She said, well Ms. Scott, I'm going to appoint you counsel.
[50:56.320 --> 51:01.320]  I said, well if you do judge, make sure you appoint one that you really don't like and
[51:01.320 --> 51:05.080]  she kind of laughed and said, well I have an attorney will.
[51:05.080 --> 51:10.440]  So first thing I did when they sat down in the room with that lawyer and he's telling
[51:10.440 --> 51:14.520]  me how things are going to go and I'm looking at the politics.
[51:14.520 --> 51:20.640]  I have a court appointed lawyer here whose only job is to ensure that I don't have a
[51:20.640 --> 51:23.580]  cause for appeal.
[51:23.580 --> 51:26.360]  He does not care what the facts are.
[51:26.360 --> 51:29.480]  He does not care if I'm guilty or innocent.
[51:29.480 --> 51:30.480]  He's a new lawyer.
[51:30.480 --> 51:39.800]  He's taking these cases at 250 bucks a pop so he can pay his office bills and his secretary
[51:39.800 --> 51:45.160]  and phone bills and he's not going to jeopardize that because of me because if he goes in there
[51:45.160 --> 51:53.120]  and vigorously adjudicates my rights, he's not going to get appointed counsel anymore.
[51:53.120 --> 51:56.360]  So he's going to do what he's told to do.
[51:56.360 --> 51:59.800]  So got him in the office and he's telling me how things are going to go and I said,
[51:59.800 --> 52:00.800]  no, that's not how they're going to go.
[52:00.800 --> 52:01.800]  Oh, is that right Mr. Cowden?
[52:01.800 --> 52:02.800]  Just how are they going to go?
[52:02.800 --> 52:06.000]  I said, this is how they're going to go.
[52:06.000 --> 52:11.120]  You're going to go to the judge and ask the judge to remove you from this case and the
[52:11.120 --> 52:12.120]  judge is going to refuse.
[52:12.120 --> 52:13.120]  He said, yes, he will.
[52:13.120 --> 52:17.040]  Then I'm going to sue the judge for interfering with the private contract.
[52:17.040 --> 52:21.360]  Well, Mr. Cowden, I'm not a contractor to you, I'm going to contract with the state.
[52:21.360 --> 52:26.160]  Said, yes, you are, but I'm the intended third party beneficiary and I have standing to adjudicate
[52:26.160 --> 52:29.160]  the contract.
[52:29.160 --> 52:34.400]  He sat back and I knew what he was thinking because he said it to me at least 20 times
[52:34.400 --> 52:36.680]  before the case was over.
[52:36.680 --> 52:42.380]  He's going to get me disbarred and I told him I had some motions in between due process
[52:42.380 --> 52:43.380]  issues in them.
[52:43.380 --> 52:46.960]  You will adequately adjudicate each one of them.
[52:46.960 --> 52:52.440]  You failed adequately adjudicate a single one of them, I'll bar grieve you.
[52:52.440 --> 52:58.000]  Mr. Cowden, you would grieve me in a heartbeat.
[52:58.000 --> 53:02.360]  So at first he got upset, but then he kind of got over that.
[53:02.360 --> 53:05.160]  Now he's afraid I'm going to end his career.
[53:05.160 --> 53:10.080]  The reason I did that was to interrupt the politics.
[53:10.080 --> 53:13.480]  Now the judge is in a pickle.
[53:13.480 --> 53:19.160]  He appointed this guy so this guy could screw me royal, make his life easy.
[53:19.160 --> 53:26.680]  Now the guy he appointed is likely to give his malpractice insurance canceled.
[53:26.680 --> 53:31.560]  So take advantage of the fact that these guys are all buddies.
[53:31.560 --> 53:37.080]  We give my lawyer plausible deniability so he can go to the court and say, your honor,
[53:37.080 --> 53:41.640]  I'm sorry, I have to argue these issues, but he's going to end my career.
[53:41.640 --> 53:45.360]  I said, you got to bail me out of this spot.
[53:45.360 --> 53:50.920]  We went out to lunch and they dismissed the case while I was out at lunch.
[53:50.920 --> 53:56.000]  After I told him, don't you dare let them do to dismiss this case, but they dismissed
[53:56.000 --> 53:59.640]  his case to protect him from me.
[53:59.640 --> 54:02.280]  It's all political.
[54:02.280 --> 54:09.120]  And when you get to court, you've got those three guys, those three people there and none
[54:09.120 --> 54:11.040]  of them are on your side.
[54:11.040 --> 54:15.040]  So pay close attention to the politics.
[54:15.040 --> 54:24.020]  And now when we get to documentation, when you file a document with the court, never
[54:24.020 --> 54:29.080]  make a proactive statement of law out of your own mouth.
[54:29.080 --> 54:33.680]  How many times have you heard somebody say, well, they can't do this and they have to
[54:33.680 --> 54:34.680]  do that.
[54:34.680 --> 54:39.080]  Or you've read documents that I read on the internet all the time.
[54:39.080 --> 54:40.080]  Court can't do this.
[54:40.080 --> 54:42.480]  Court must do that and blah, blah, blah.
[54:42.480 --> 54:49.960]  Well, you might be able to do that out here on the street, but you can't do that in court.
[54:49.960 --> 54:58.200]  You must always make proactive statements of law out of the mouth of the court.
[54:58.200 --> 55:04.280]  I go to the court and I want to see a arrest warrant.
[55:04.280 --> 55:12.520]  I go to the justice of the peace and I tell his clerk, I want to see the arrest warrant
[55:12.520 --> 55:16.600]  for this person who has been arrested and released on bail.
[55:16.600 --> 55:22.840]  I want to see that warrant in accordance with 15.16 Texas Code of Criminal Procedure.
[55:22.840 --> 55:26.320]  And she said, huh?
[55:26.320 --> 55:32.120]  Well, if you don't know what it is, you might want to go read it.
[55:32.120 --> 55:40.280]  When I go in and ask an official to do something, I give them the code.
[55:40.280 --> 55:45.880]  I just ask a bailiff, I need you to arrest the judge for Class A misdemeanor, official
[55:45.880 --> 55:49.680]  misconduct, criminal violation 39.03 Texas Penal Code.
[55:49.680 --> 55:55.120]  I want you to do so under your duty as prescribed by Article 2.13 Code of Criminal Procedure
[55:55.120 --> 55:58.680]  and defined by Article 14.01 and 14.06.
[55:58.680 --> 56:05.320]  And he just stood there with his mouth hanging open.
[56:05.320 --> 56:09.680]  When you file a document, that's how you do it.
[56:09.680 --> 56:19.680]  The court must, according to in so-and-so versus so-and-so, the court said this or certain
[56:19.680 --> 56:23.320]  statutes says this.
[56:23.320 --> 56:29.920]  Under Screws v. US for public official acting under the color of his authority violates
[56:29.920 --> 56:34.840]  the ruling of this court and he be saying, he may not be heard to say what he knows not
[56:34.840 --> 56:35.840]  what he does.
[56:35.840 --> 56:43.720]  So your honor, he can't claim ignorance of the law under Screws v. US, blah, blah, blah.
[56:43.720 --> 56:53.240]  The purpose of a, I'm sorry, when you file a document and you make statements, you make
[56:53.240 --> 57:00.000]  your statements of fact clearly and succinctly and then you state the law as it applies to
[57:00.000 --> 57:01.000]  those facts.
[57:01.000 --> 57:07.120]  You can't state your opinion or how you feel about it to the court, it's irrelevant.
[57:07.120 --> 57:11.920]  The only thing matters is the law and the facts and the way I tend to do it and I suggest
[57:11.920 --> 57:16.200]  that everybody do it is you make up an affidavit.
[57:16.200 --> 57:22.040]  If you know how to use word, there's a section in there that lets you do citations.
[57:22.040 --> 57:27.440]  So when you do your document, you mark all the citations and then have the system create
[57:27.440 --> 57:30.160]  points and create a table of authorities.
[57:30.160 --> 57:39.040]  You print out that table of authorities, put it in a document and file it for, you ask
[57:39.040 --> 57:47.520]  the court to take judicial notice of all of these statutes and cases and then you make
[57:47.520 --> 57:54.440]  up a statement of facts, no argument, no opinion, just this fact, this fact, this fact, this
[57:54.440 --> 57:55.440]  fact.
[57:55.440 --> 58:01.240]  You created an affidavit form and then you file it into the record.
[58:01.240 --> 58:06.240]  You file a motion and attach this affidavit to the motion.
[58:06.240 --> 58:11.400]  Now you have the facts before the court, you have the law before the court.
[58:11.400 --> 58:13.920]  Now you set up for when you go to appeal.
[58:13.920 --> 58:20.640]  Hang on, I've got a little bit more on the other side and then we'll go to calls.
[58:20.640 --> 58:24.400]  This is Randy Kelton, Steve Skidmore, Willblow Radio.
[58:24.400 --> 58:32.240]  I call at number 512-646-1984, so give us a call, we'll be taking your calls all night.
[58:32.240 --> 58:40.280]  And on this long break, go see our sponsors and help us support this radio station and
[58:40.280 --> 58:50.360]  make sure you remember to look for Randy's Beer Fund, we'll be right back.
[58:50.360 --> 58:54.520]  Would you like to make more definite progress in your walk with God?
[58:54.520 --> 58:59.680]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.680 --> 59:01.040]  can really help.
[59:01.040 --> 59:05.480]  The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.480 --> 59:06.480]  today.
[59:06.480 --> 59:10.400]  It has accurate translation and it contains thousands of footnotes that will help you
[59:10.400 --> 59:13.520]  to know God and to know the meaning of life.
[59:13.520 --> 59:18.760]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.760 --> 59:23.040]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.040 --> 59:27.960]  of salvation, growing in Christ and how to build up the church.
[59:27.960 --> 59:32.960]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.960 --> 59:45.720]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102 or visit
[59:45.720 --> 59:48.760]  us online at bfa.org.
[59:48.760 --> 01:00:03.280]  Live, free speech radio, logosradionetwork.com.
[01:00:03.280 --> 01:00:07.840]  This is the Liberty Beat, your daily source for Liberty News and activist updates.
[01:00:07.840 --> 01:00:09.600]  Online at thelibertybeat.com.
[01:00:09.600 --> 01:00:13.960]  I'm Brian Hagan with your Liberty Beat for Friday, January 30th, 2015.
[01:00:13.960 --> 01:00:21.000]  Gold is trading at $1,258, silver $16.94 and bitcoin is trading around $243.35.
[01:00:21.000 --> 01:00:27.840]  Today's bitcoin price brought to you by ExpressCoin, the fastest, most reliable way to buy bitcoin.
[01:00:27.840 --> 01:00:30.680]  Buy bitcoin today at ExpressCoin.com.
[01:00:30.680 --> 01:00:34.760]  Your job, your home, your car, your money, all these things provide you with a sense
[01:00:34.760 --> 01:00:35.760]  of security.
[01:00:35.760 --> 01:00:37.640]  But what about your family security?
[01:00:37.640 --> 01:00:41.160]  What have you done to prepare if all these things were suddenly gone?
[01:00:41.160 --> 01:00:45.840]  eFoodsDirect has the food security you need for every emergency.
[01:00:45.840 --> 01:00:48.280]  eFoodsDirect is food security.
[01:00:48.280 --> 01:00:55.480]  Go to eFoodsDirect.com slash Liberty Beat or call 800-620-5520 and mention Liberty Beat
[01:00:55.480 --> 01:01:01.080]  for 50% off their food preparation planning packs.
[01:01:01.080 --> 01:01:04.880]  While appearing before the Senate Armed Forces Committee, former Secretary of State Henry
[01:01:04.880 --> 01:01:09.320]  Kissinger was confronted by protesters calling for his arrest.
[01:01:09.320 --> 01:01:13.120]  Protesters with code pink interrupted the proceedings, holding a banner and carrying
[01:01:13.120 --> 01:01:14.120]  handcuffs.
[01:01:14.120 --> 01:01:18.800]  Senator John McCain referred to the protesters as low life scum when demanding the Capitol
[01:01:18.800 --> 01:01:19.800]  Police remove them.
[01:01:19.800 --> 01:01:25.240]  If we can't get the Capitol Hill police in here immediately, McCain apologized to Kissinger.
[01:01:25.240 --> 01:01:31.400]  I have never seen anything as disgraceful and outrageous and despicable.
[01:01:31.400 --> 01:01:36.360]  Ross Oldberg trial, day nine, has the jury heard testimony from former FBI agent L. Juan
[01:01:36.360 --> 01:01:40.640]  Young who testified about the role he played in seizing and analyzing Silk Road servers
[01:01:40.640 --> 01:01:41.640]  in Bitcoin.
[01:01:41.640 --> 01:01:45.120]  Also of significance yesterday, the government began the story of a Silk Road vendor who
[01:01:45.120 --> 01:01:48.960]  threatened to release the names of thousands of user identities if Dread Pirate Roberts
[01:01:48.960 --> 01:01:51.480]  would not pay him $700,000.
[01:01:51.480 --> 01:01:56.200]  It was this threat that would lead Dread Pirate Roberts, as shown to the jury on TorchHat,
[01:01:56.200 --> 01:02:01.500]  to tell a member of Hells Angels Canada that he wanted to see his blackmailer executed.
[01:02:01.500 --> 01:02:05.320]  As the tension rose, the day's proceedings came to an end just before the government
[01:02:05.320 --> 01:02:08.960]  laid out the details of the alleged murder-for-hire arrangement.
[01:02:08.960 --> 01:02:13.000]  It was apparent that the prosecution was raising that evidence just before they rested their
[01:02:13.000 --> 01:02:14.000]  case.
[01:02:14.000 --> 01:02:17.720]  The Liberty Beach's John Bush, covering the trial in New York, says that judging by the
[01:02:17.720 --> 01:02:22.600]  faces of the jurors, that aspect of the case may have an impact on their decisions.
[01:02:22.600 --> 01:02:25.840]  The Liberty Beach continuing trial coverage continues next week.
[01:02:25.840 --> 01:02:30.160]  See TheLibertyBeat.com for details on how you can help keep that coverage happening.
[01:02:30.160 --> 01:02:35.120]  The Liberty Beat is made possible by WatchMyBit.com, the first ever micropayment-based video service
[01:02:35.120 --> 01:02:36.120]  service.
[01:02:36.120 --> 01:02:40.280]  If you're a content creator, visit WatchMyBit.com to learn how you can use Bitcoin to generate
[01:02:40.280 --> 01:02:42.040]  revenue for your art.
[01:02:42.040 --> 01:02:43.640]  That's WatchMyBit.com.
[01:02:43.640 --> 01:02:47.760]  Support also comes from Justice Ranveer's Bitcoinism.LibertyMeat.
[01:02:47.760 --> 01:02:49.760]  Thoughts on Bitcoin and the future digital economy.
[01:02:49.760 --> 01:02:53.160]  Check out the blog at Bitcoinism.LibertyMeat.
[01:02:53.160 --> 01:02:57.800]  This is The Liberty Beat for Friday, January 30th, 2015.
[01:02:57.800 --> 01:03:04.800]  Check out the website at TheLibertyBeat.com.
[01:03:27.800 --> 01:03:36.880]  Okay, we are back, Randy Kelton, Steve Skidmore, Rue of La Radio, and there's one more comment
[01:03:36.880 --> 01:03:40.400]  and then we'll go to callers.
[01:03:40.400 --> 01:03:44.840]  It's about motions and pleadings.
[01:03:44.840 --> 01:03:54.560]  Generally, when I look at pro se legal researchers and their motions and pleadings, they tend
[01:03:54.560 --> 01:03:57.320]  to write these things from scratch.
[01:03:57.320 --> 01:04:05.280]  They do exhaustive research and they fill their motions with facts and case law and
[01:04:05.280 --> 01:04:08.160]  they get them thrown out.
[01:04:08.160 --> 01:04:11.160]  And I had an experience that taught me a valuable lesson.
[01:04:11.160 --> 01:04:15.360]  And I have a friend, Ken Magnuson, he's on the show on occasion.
[01:04:15.360 --> 01:04:21.440]  He was in a foreclosure issue and they were trying to evict and he needed a temporary
[01:04:21.440 --> 01:04:22.440]  restraining order.
[01:04:22.440 --> 01:04:26.800]  So he wrote one up and sent it to me, asked me what I thought of it and I said, well,
[01:04:26.800 --> 01:04:27.800]  some speech crap.
[01:04:27.800 --> 01:04:30.440]  And he said, well, you think you can do better?
[01:04:30.440 --> 01:04:31.600]  I said, sure I could.
[01:04:31.600 --> 01:04:32.800]  So I sent him one.
[01:04:32.800 --> 01:04:36.440]  He went to court, gave it to the judge.
[01:04:36.440 --> 01:04:37.560]  The other lawyer showed up.
[01:04:37.560 --> 01:04:40.200]  They didn't expect him to.
[01:04:40.200 --> 01:04:42.160]  They went into the hearing.
[01:04:42.160 --> 01:04:45.800]  The judge handed the lawyer his hat, gave Ken the restraining order.
[01:04:45.800 --> 01:04:51.160]  They came out and the judge said, Mr. Magnuson, are you an attorney?
[01:04:51.160 --> 01:04:54.480]  He said, he said, no, but my brother is.
[01:04:54.480 --> 01:04:56.860]  He said, did you write this?
[01:04:56.860 --> 01:04:59.080]  He said, well, I had some help.
[01:04:59.080 --> 01:05:03.760]  And the lawyer said, well, this is very good.
[01:05:03.760 --> 01:05:09.640]  And when Ken told me that, I was thinking, what in the heck is going on?
[01:05:09.640 --> 01:05:16.440]  I took that right out of O'Connor's forms and filled in the blanks.
[01:05:16.440 --> 01:05:20.400]  It took a while for me to understand what happened.
[01:05:20.400 --> 01:05:25.240]  They always give the young lawyers the pro se litigants because they're generally easy
[01:05:25.240 --> 01:05:27.040]  marks.
[01:05:27.040 --> 01:05:32.880]  This lawyer got this motion and he said, how did this guy do this?
[01:05:32.880 --> 01:05:37.760]  How did he write a motion that looks exactly like ours?
[01:05:37.760 --> 01:05:44.720]  And that's because they use the primary litigation guide in Texas, O'Connor's.
[01:05:44.720 --> 01:05:50.160]  And O'Connor's forms has a form for temporary restraining order and has all the case law
[01:05:50.160 --> 01:05:52.240]  and everything right in it.
[01:05:52.240 --> 01:05:57.760]  The only time you have to do any research is on your particular issue because the rest
[01:05:57.760 --> 01:05:59.540]  of it's already there.
[01:05:59.540 --> 01:06:12.780]  And the judge gets it and he sees parties, jurisdiction, statement of facts, everything
[01:06:12.780 --> 01:06:17.700]  that he expects to see, he sees it where he expects to see it.
[01:06:17.700 --> 01:06:23.600]  He sees exactly the same case law every time, except for that one little section that's
[01:06:23.600 --> 01:06:26.960]  specific to this circumstance.
[01:06:26.960 --> 01:06:35.720]  Then the pro se comes in and gives him a motion with 20 cases he's never seen before, with
[01:06:35.720 --> 01:06:39.220]  nothing where he expects to see it.
[01:06:39.220 --> 01:06:43.560]  And he looks at that and he says, you really think I'm going to read all those cases and
[01:06:43.560 --> 01:06:44.560]  denied?
[01:06:44.560 --> 01:06:51.080]  Now that may not be right, but that's how it works in the world you and I live in.
[01:06:51.080 --> 01:06:58.240]  So if you're going to represent yourself, the first thing you need to find is the local
[01:06:58.240 --> 01:07:00.800]  litigation guide for your state.
[01:07:00.800 --> 01:07:06.440]  You want to find the most popular litigation guide and look for forms in the litigation
[01:07:06.440 --> 01:07:07.440]  guide.
[01:07:07.440 --> 01:07:10.280]  You can go to a legal library and they can tell you which guide it is.
[01:07:10.280 --> 01:07:11.280]  They'll have it.
[01:07:11.280 --> 01:07:15.040]  They'll most likely have the forms for you.
[01:07:15.040 --> 01:07:23.800]  Give the judge a motion or pleading that the only way he can tell a lawyer didn't do it
[01:07:23.800 --> 01:07:28.240]  is it doesn't have a lawyer's name on the end of it.
[01:07:28.240 --> 01:07:33.440]  Now that's not all there is, but that will get you way up the ladder toward adjudicating
[01:07:33.440 --> 01:07:34.440]  your case.
[01:07:34.440 --> 01:07:35.440]  Okay.
[01:07:35.440 --> 01:07:40.520]  We are going to go to our calls and we're going to go to Dan in Connecticut.
[01:07:40.520 --> 01:07:42.440]  Hello Dan.
[01:07:42.440 --> 01:07:45.080]  Are you for real?
[01:07:45.080 --> 01:07:48.720]  I have been having too much fun.
[01:07:48.720 --> 01:07:51.160]  That I've heard that about you.
[01:07:51.160 --> 01:07:52.160]  Yeah.
[01:07:52.160 --> 01:08:00.040]  Actually, I just settled a lawsuit with the Norwich police department.
[01:08:00.040 --> 01:08:03.880]  I don't, you haven't called in a long time, so we haven't heard about this one.
[01:08:03.880 --> 01:08:05.440]  Oh yeah.
[01:08:05.440 --> 01:08:06.440]  What happened?
[01:08:06.440 --> 01:08:12.040]  I was driving while poor, which happens to a lot of people, and the officer comes up
[01:08:12.040 --> 01:08:16.520]  to the side of the car and the first words out of my mouth are, what is the purpose of
[01:08:16.520 --> 01:08:17.520]  the stop?
[01:08:17.520 --> 01:08:22.920]  And he proceeds to go and ask a whole bunch of questions to which I continue to respond
[01:08:22.920 --> 01:08:25.360]  approximately 15 times.
[01:08:25.360 --> 01:08:28.420]  What is the purpose of the stop?
[01:08:28.420 --> 01:08:30.000]  This does not go too well.
[01:08:30.000 --> 01:08:31.840]  He becomes highly annoyed.
[01:08:31.840 --> 01:08:38.240]  He opens my door, he instructs me to sit on the curb with my hands behind my back, and
[01:08:38.240 --> 01:08:41.920]  he's displaying a deadly weapon while he's doing all of this.
[01:08:41.920 --> 01:08:48.680]  So the long story short is during this whole incident, he brings up a partner, he's acting
[01:08:48.680 --> 01:08:50.720]  in an intimidating and threatening manner.
[01:08:50.720 --> 01:08:58.480]  He searches my car without permission, destroys a door panel, and I kind of was playing safe
[01:08:58.480 --> 01:09:03.040]  and my goal was to just get out of there without pretty much, you know, an incident involving
[01:09:03.040 --> 01:09:05.880]  a taser or beating or whatever.
[01:09:05.880 --> 01:09:12.040]  So once I got out of there and once the car was towed, I had him served with a state court
[01:09:12.040 --> 01:09:15.520]  lawsuit probably about six days later.
[01:09:15.520 --> 01:09:21.320]  Essentially, count one was 42 USC 1983.
[01:09:21.320 --> 01:09:24.160]  What he was trying to do with the whole scene, there's a lot of details involved, but I'll
[01:09:24.160 --> 01:09:25.160]  just make it short.
[01:09:25.160 --> 01:09:31.760]  He was trying to intimidate me and get a confession, and he refused to tell me why I was stopped.
[01:09:31.760 --> 01:09:35.400]  The second one is he actually had no probable cause to initiate the stop.
[01:09:35.400 --> 01:09:39.920]  Now, Norwich PD that night was stopping a whole lot of people, and typically you know
[01:09:39.920 --> 01:09:44.600]  as I do and a lot of the listeners know, is police will pull you over when they think
[01:09:44.600 --> 01:09:50.120]  they might get something, but then usually they ask 20 questions if they don't have a
[01:09:50.120 --> 01:09:53.880]  reason to pull you over to try to get you to confess to something.
[01:09:53.880 --> 01:09:58.200]  In this case, I wasn't drinking, I wasn't speeding, I was in the proper lane, I was
[01:09:58.200 --> 01:10:01.160]  going the speed limit, the whole nine yards.
[01:10:01.160 --> 01:10:06.720]  So effectively, what this was was just kind of a night where they needed to make quota.
[01:10:06.720 --> 01:10:11.040]  So that's one of the reasons I put count five in the complaint, which was targeted
[01:10:11.040 --> 01:10:15.960]  toward the city of Norwich, where I basically said, city of Norwich, you sent this guy to
[01:10:15.960 --> 01:10:20.520]  pull me over and violate my rights so you can get grant money to fund your police department.
[01:10:20.520 --> 01:10:26.840]  And I sued them under something that's called the Monell Doctrine, and I put language in
[01:10:26.840 --> 01:10:32.080]  the complaint consistent with that, that it was Norwich City policy, that all the supervisors
[01:10:32.080 --> 01:10:35.640]  had encouraged it, and so on and so forth.
[01:10:35.640 --> 01:10:40.040]  One count in there, I sued for conversion, he took my property, he had no legal right
[01:10:40.040 --> 01:10:45.720]  to take it, and I was deprived of the use of my property over the course of a week.
[01:10:45.720 --> 01:10:53.160]  So beyond that, life got real interesting, the prosecutor was talking to an attorney
[01:10:53.160 --> 01:10:58.400]  friend of mine, who came in to help try to negotiate everything, they were pretty shaken
[01:10:58.400 --> 01:11:04.400]  up by the whole ordeal, the cop got a real hard time, and in addition to that, there
[01:11:04.400 --> 01:11:09.200]  was a complaint that I made to the police department, it turns out the police department
[01:11:09.200 --> 01:11:10.920]  was also looking for grant funding.
[01:11:10.920 --> 01:11:15.680]  So I styled my complaint as a comment on whether they should get the grant from the department
[01:11:15.680 --> 01:11:16.680]  of justice.
[01:11:16.680 --> 01:11:22.600]  And in the grant, I basically said, well, what this officer did is his services and
[01:11:22.600 --> 01:11:27.760]  talents would be very appreciated in Mexico, so the department should part ways with this
[01:11:27.760 --> 01:11:32.400]  officer so he can pursue a career in Mexican law enforcement.
[01:11:32.400 --> 01:11:38.520]  The long story short is, they agreed to drop all the driving law poor charges if I settled
[01:11:38.520 --> 01:11:41.280]  my lawsuit and it went away.
[01:11:41.280 --> 01:11:47.200]  How much did they pay you?
[01:11:47.200 --> 01:11:51.560]  They didn't pay me anything, but I was happy with that, I mean, because the damage was
[01:11:51.560 --> 01:11:56.840]  kind of, it was so minimal, and honestly, it would have taken two or three years to
[01:11:56.840 --> 01:11:59.340]  get this thing to judgment.
[01:11:59.340 --> 01:12:03.160]  Because what happened was I filed it in the state court, they removed it to the federal
[01:12:03.160 --> 01:12:04.160]  court.
[01:12:04.160 --> 01:12:09.040]  Now, the state court in Connecticut, I can control how fast or how slow the pleadings
[01:12:09.040 --> 01:12:11.040]  will go all day.
[01:12:11.040 --> 01:12:15.480]  Federal court doesn't necessarily work like that, as a matter of fact, it rarely does.
[01:12:15.480 --> 01:12:19.600]  Because in a normal federal case, what will happen is, you'll file a complaint, they'll
[01:12:19.600 --> 01:12:26.080]  have 21 days to answer, and from there, you have various conferences and, you know, scheduling
[01:12:26.080 --> 01:12:28.200]  orders and all this stuff.
[01:12:28.200 --> 01:12:33.680]  Not so in Connecticut Superior Court, in Connecticut Superior Court, you can basically move along
[01:12:33.680 --> 01:12:37.080]  very quickly if you know what you're doing.
[01:12:37.080 --> 01:12:49.080]  So is there a provision in Connecticut similar to 42 U.S. Code 1983, where you could take
[01:12:49.080 --> 01:12:53.520]  the action in the state court instead of the federal?
[01:12:53.520 --> 01:12:59.520]  No, and there was a reason I put a conversion count in there.
[01:12:59.520 --> 01:13:04.600]  And the primary reason is I didn't want this to get removed to federal court, but unfortunately,
[01:13:04.600 --> 01:13:10.160]  they did everything right, and unfortunately, Connecticut didn't have that state kind of
[01:13:10.160 --> 01:13:11.280]  cause of action.
[01:13:11.280 --> 01:13:16.560]  So in the end, I thought there were forum shopping to be honest with you, but it was
[01:13:16.560 --> 01:13:17.560]  legal.
[01:13:17.560 --> 01:13:23.200]  So, I mean, if it hadn't been for the amount of time it would have taken to adjudicate
[01:13:23.200 --> 01:13:28.400]  this thing, I probably would have said, you know, okay, let's not settle, let's go all
[01:13:28.400 --> 01:13:29.400]  the way.
[01:13:29.400 --> 01:13:37.400]  Let's say there is a very good chance that you won't be able to be stopped there again.
[01:13:37.400 --> 01:13:39.320]  I'm thinking that's the case.
[01:13:39.320 --> 01:13:44.000]  I don't think they're going to be pulling me over anytime soon.
[01:13:44.000 --> 01:13:49.200]  Dan is exactly the reason we do this show.
[01:13:49.200 --> 01:13:54.840]  He's been taking these guys on for a long time, and he's kind of come to realize how
[01:13:54.840 --> 01:13:57.920]  much fun it can be.
[01:13:57.920 --> 01:14:01.560]  The most fun you can have with your clothes on.
[01:14:01.560 --> 01:14:02.560]  Yes.
[01:14:02.560 --> 01:14:08.960]  And, you know, most of us, we have experience with the police and the courts and that we
[01:14:08.960 --> 01:14:15.160]  have a situation where they're coming after us.
[01:14:15.160 --> 01:14:22.600]  When you're coming after them, it's a whole other animal, and Dan's finding that out.
[01:14:22.600 --> 01:14:23.600]  Don't be such a stranger.
[01:14:23.600 --> 01:14:25.600]  I'm glad you called.
[01:14:25.600 --> 01:14:28.200]  And the fact that they didn't pay you nothing?
[01:14:28.200 --> 01:14:29.200]  No big deal.
[01:14:29.200 --> 01:14:33.360]  I want to mention a few more things.
[01:14:33.360 --> 01:14:37.480]  Discovery was fun, you know, because we did go through the discovery process.
[01:14:37.480 --> 01:14:43.200]  One of their interrogatories was how much I had to drink 24 hours prior to the incident.
[01:14:43.200 --> 01:14:47.360]  And one of my interrogatories that went to them was when were the last times that the
[01:14:47.360 --> 01:14:54.520]  officer used heroin, PCP, cocaine, LSD, and prescription painkillers within the last years?
[01:14:54.520 --> 01:14:58.920]  And police state each instance during the last three years the officer used these substances.
[01:14:58.920 --> 01:15:03.920]  Oh, next time make sure you ask anabolic steroids.
[01:15:03.920 --> 01:15:05.440]  I did ask for anabolic steroids.
[01:15:05.440 --> 01:15:06.440]  Oh, good.
[01:15:06.440 --> 01:15:14.040]  I also asked if he was treated for PTSD or that if he was diagnosed with any psychiatric
[01:15:14.040 --> 01:15:19.120]  condition that would involve delusions of grandeur, outbursts of physical violence.
[01:15:19.120 --> 01:15:24.960]  Because he did seem pretty squirrely on the side of the road like he wanted to thump my
[01:15:24.960 --> 01:15:25.960]  head.
[01:15:25.960 --> 01:15:30.160]  Well, he probably did, but he did, he really did.
[01:15:30.160 --> 01:15:31.800]  And I was honestly scared.
[01:15:31.800 --> 01:15:38.520]  I was honestly in fear for my physical safety.
[01:15:38.520 --> 01:15:44.800]  That should have got aggravated assault charges.
[01:15:44.800 --> 01:15:51.400]  Because he would check Connecticut law, I know in Texas if a public official acting under
[01:15:51.400 --> 01:16:00.080]  the color of his authority commits simple assault while prominently displaying a deadly weapon,
[01:16:00.080 --> 01:16:02.080]  that's first degree felony.
[01:16:02.080 --> 01:16:05.760]  Yeah, and you know what?
[01:16:05.760 --> 01:16:10.520]  I wasn't the first person to sue the Norwich Police Department last year.
[01:16:10.520 --> 01:16:17.280]  I was the third, the first time somebody sued them, six Norwich PD officers had actually
[01:16:17.280 --> 01:16:25.040]  gunned a man down, 42 bullet sticks of which actually hit the victim.
[01:16:25.040 --> 01:16:32.960]  That sounds familiar, seems I've heard of that, 42 bullets, were they in a car?
[01:16:32.960 --> 01:16:39.600]  No, the guy was on a lawn.
[01:16:39.600 --> 01:16:41.800]  Were any of the bullets fatal?
[01:16:41.800 --> 01:16:48.280]  Six of them were fatal, 42, the other, the remains of 42 had missed.
[01:16:48.280 --> 01:16:53.600]  Okay, hang on, this is Randy Kelton, Steve Skidmore, Wheelbarrow Radio, we'll be right
[01:16:53.600 --> 01:16:56.600]  back.
[01:16:56.600 --> 01:17:07.600]  January is the time for new beginnings, a chance to sharpen our focus on what's important
[01:17:07.600 --> 01:17:10.200]  and recommit to ourselves and loved ones.
[01:17:10.200 --> 01:17:15.600]  Logos Radio Network is holding their third gun giveaway as a part of their annual fundraiser.
[01:17:15.600 --> 01:17:20.680]  Donate $25 today and be entered into a drawing for a Glock 42 pistol.
[01:17:20.680 --> 01:17:25.520]  Second place gets two CHL classes, both sponsored by Central Texas Gunworks.
[01:17:25.520 --> 01:17:32.240]  The first 50 people who donate $25 will receive a free jar of My Magic Mud detoxifying tooth
[01:17:32.240 --> 01:17:33.240]  powder.
[01:17:33.240 --> 01:17:36.320]  Please visit logosradionetwork.com for more details.
[01:17:36.320 --> 01:17:42.080]  If you appreciate truth in media and have enjoyed Logos Radio Network programming, contribute
[01:17:42.080 --> 01:17:47.360]  to this very important fundraiser sponsored by Central Texas Gunworks and My Magic Mud.
[01:17:47.360 --> 01:17:53.360]  Secure your chance to win a Glock 42 and get your free jar of My Magic Mud now.
[01:17:53.360 --> 01:17:55.640]  Contest ends January 31st.
[01:17:55.640 --> 01:18:01.560]  Support free speech radio at its best.
[01:18:01.560 --> 01:18:05.120]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination
[01:18:05.120 --> 01:18:09.040]  by delivering excellent customer service and outstanding value at an affordable price.
[01:18:09.040 --> 01:18:13.400]  We provide a wide assortment of favorite products featuring a great selection of high quality
[01:18:13.400 --> 01:18:15.000]  coins and precious metals.
[01:18:15.000 --> 01:18:18.880]  We cater to beginners in coin collecting as well as large transactions for investors.
[01:18:18.880 --> 01:18:23.600]  We believe in educating our customers with resources from top accredited metal dealers
[01:18:23.600 --> 01:18:24.600]  and journalists.
[01:18:24.600 --> 01:18:27.480]  If we don't have what you're looking for, we can find it.
[01:18:27.480 --> 01:18:31.840]  In addition, we carry popular young Jevity products such as Beyond Tangy Tangerine and
[01:18:31.840 --> 01:18:32.840]  Pollenburst.
[01:18:32.840 --> 01:18:37.680]  We also offer One World Way, Mountain House Storable Foods, Berkey Water Products, ammunition
[01:18:37.680 --> 01:18:39.840]  at 10% above wholesale, and more.
[01:18:39.840 --> 01:18:43.760]  We broker metals IRA accounts and we also accept Bitcoins as payment.
[01:18:43.760 --> 01:18:46.760]  Call us at 512-646-6440.
[01:18:46.760 --> 01:18:51.760]  We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson.
[01:18:51.760 --> 01:18:54.760]  We're open Monday through Friday 10 to 6, Saturdays 10 to 2.
[01:18:54.760 --> 01:19:21.240]  Visit us at CapitalCoinAndBullying.com or call 512-646-6440.
[01:19:21.240 --> 01:19:25.560]  We are back, Randy Hilton, Steve Skidmore, we're on our radio and we're talking to Dan
[01:19:25.560 --> 01:19:26.560]  in Connecticut.
[01:19:26.560 --> 01:19:29.760]  Okay, can you answer a couple of other things, Dan?
[01:19:29.760 --> 01:19:34.880]  Yes, really quickly, what you were saying earlier about pleadings is definitely true.
[01:19:34.880 --> 01:19:39.560]  I've written quite a lot of them for an attorney, fortunately.
[01:19:39.560 --> 01:19:44.040]  There are good attorneys out there and sometimes you run into them when you do this sort of
[01:19:44.040 --> 01:19:46.560]  thing, you end up working together.
[01:19:46.560 --> 01:19:49.880]  So on pleadings, keep it short, keep it to the point.
[01:19:49.880 --> 01:19:55.080]  Unfortunately, a lot of people like to rat hole it, as I call it, they'll list all sorts
[01:19:55.080 --> 01:19:56.080]  of authorities.
[01:19:56.080 --> 01:20:01.400]  I mean, when you can keep it simple, keep it straightforward and keep it to the bare
[01:20:01.400 --> 01:20:04.760]  basics and get the relief you want and get out.
[01:20:04.760 --> 01:20:09.720]  The name of the game is efficiency, judges read all the time and the simpler you make
[01:20:09.720 --> 01:20:14.000]  it, the less they have, you know, the less read that they have tonight, the less likely
[01:20:14.000 --> 01:20:16.760]  it will be that they're just going to glaze over your point.
[01:20:16.760 --> 01:20:22.400]  Yeah, and the less annoyed they're going to be of you, so you keep the politics kind
[01:20:22.400 --> 01:20:23.400]  of on your side.
[01:20:23.400 --> 01:20:30.800]  Yeah, and that's how to get politics on your side, but other than that, I do have to come
[01:20:30.800 --> 01:20:31.800]  back on.
[01:20:31.800 --> 01:20:36.760]  I've been doing a lot of interesting stuff, had some fun with the writ of error recently.
[01:20:36.760 --> 01:20:43.400]  Those are very fun, so I've been having too much fun, that's why I haven't been able
[01:20:43.400 --> 01:20:44.400]  to call in.
[01:20:44.400 --> 01:20:50.320]  Well, I'm glad to hear that, we need more people doing this.
[01:20:50.320 --> 01:20:55.760]  Are you doing anything about grand juries in Connecticut?
[01:20:55.760 --> 01:21:01.760]  We need the law changed, unfortunately, the only time you're going to have a grand jury
[01:21:01.760 --> 01:21:07.400]  is for specific types of offenses, usually murder, something like that.
[01:21:07.400 --> 01:21:13.800]  You can get a grand jury impaneled if the sentence would be greater than five years,
[01:21:13.800 --> 01:21:21.640]  but Connecticut has a long way to go as far as changes that need to happen in the law.
[01:21:21.640 --> 01:21:27.800]  I wish we had Texas as a system, or even New York or Pennsylvania where you could go directly,
[01:21:27.800 --> 01:21:34.120]  but the law is just deficient in Connecticut as far as that's concerned.
[01:21:34.120 --> 01:21:36.480]  Need to work on fixing that.
[01:21:36.480 --> 01:21:46.240]  We're in a position in Texas where we may get something really, really fixed.
[01:21:46.240 --> 01:21:49.040]  I was meant to this week, but I'm not going to make it.
[01:21:49.040 --> 01:21:54.640]  Next week, I'm going to go to our new district attorney in Tarrant County, that's Fort Worth.
[01:21:54.640 --> 01:22:01.120]  I interviewed her on the show while she was running for office, so she knows that I'm
[01:22:01.120 --> 01:22:03.400]  knowledgeable in code.
[01:22:03.400 --> 01:22:08.960]  I'm going to take her criminal complaint against the Dallas County District Attorney and bring
[01:22:08.960 --> 01:22:13.280]  it to a Tarrant County grand jury.
[01:22:13.280 --> 01:22:20.200]  The accusation is that the Dallas County District Attorney denied me access to a Dallas County
[01:22:20.200 --> 01:22:24.240]  grand jury.
[01:22:24.240 --> 01:22:26.040]  This puts her on the spot.
[01:22:26.040 --> 01:22:31.800]  The knee-jerk reaction is to say, well, that's happening in Dallas County, you have to take
[01:22:31.800 --> 01:22:34.560]  it to a Dallas County grand jury.
[01:22:34.560 --> 01:22:43.000]  I'm going to say, well, maybe, but so far as I can tell, a district judge impaneled
[01:22:43.000 --> 01:22:44.840]  this grand jury.
[01:22:44.840 --> 01:22:51.800]  That district judge is a state judge and they used to have statewide venue until they got
[01:22:51.800 --> 01:22:56.600]  enough population and enough judges that they didn't have to write circuit anymore, so they
[01:22:56.600 --> 01:23:01.420]  restricted the judge to a particular venue.
[01:23:01.420 --> 01:23:05.480]  When the judge impaneled the grand jury, he has nothing else to do with them.
[01:23:05.480 --> 01:23:11.880]  They're essentially, according to Scalia and Montgomery v. State, they're essentially a
[01:23:11.880 --> 01:23:15.120]  fourth branch of government.
[01:23:15.120 --> 01:23:24.800]  While the legislature limited the venue of a district court, they did not similarly limit
[01:23:24.800 --> 01:23:27.400]  the venue of a grand jury.
[01:23:27.400 --> 01:23:34.880]  It's not reasonable to presume that it was the intent of the legislature that the venue
[01:23:34.880 --> 01:23:42.640]  of the district judge who impaneled the grand jury be applied to that grand jury.
[01:23:42.640 --> 01:23:48.280]  I've done the research, zero case law on it.
[01:23:48.280 --> 01:23:55.120]  So I put the prosecutor on the dime and 2.03 Code of Criminal Procedure says what a prosecuting
[01:23:55.120 --> 01:23:59.000]  attorney has made known that a public official has violated a law relating to his office
[01:23:59.000 --> 01:24:03.280]  shall reduce complaint and information submitted to the grand jury.
[01:24:03.280 --> 01:24:09.520]  So I'm saying you don't have any power to make any determinations about this.
[01:24:09.520 --> 01:24:12.000]  You can't even touch it.
[01:24:12.000 --> 01:24:15.920]  So I want her to just stand back.
[01:24:15.920 --> 01:24:21.800]  If this grand jury indicts, then they will present the indictment to a district judge
[01:24:21.800 --> 01:24:28.080]  who's going to look at it and say, well, I don't have jurisdiction.
[01:24:28.080 --> 01:24:34.440]  So they will, he will then issue an order to change venue to the court that does have.
[01:24:34.440 --> 01:24:35.440]  That's real easy.
[01:24:35.440 --> 01:24:37.960]  It's already in code.
[01:24:37.960 --> 01:24:46.560]  This will open the door so that if I get interfered with in one county in Texas, I got 244 more
[01:24:46.560 --> 01:24:51.560]  I can go to.
[01:24:51.560 --> 01:25:01.680]  That's the likelihood I'll get a shot at them and then the next one is where I introduce
[01:25:01.680 --> 01:25:05.000]  her to the deep end of the pool.
[01:25:05.000 --> 01:25:12.240]  In the next one, I'm going to take her criminal charges against the federal judge McBride
[01:25:12.240 --> 01:25:16.760]  for official oppression.
[01:25:16.760 --> 01:25:23.280]  I maintain that he is a federal judge and he's sitting in a federal courthouse, but
[01:25:23.280 --> 01:25:27.680]  that federal courthouse is not a federal enclave.
[01:25:27.680 --> 01:25:32.120]  It has not been ceded to the United States.
[01:25:32.120 --> 01:25:36.960]  We only have two properties in Texas that have been in the both federal prisons.
[01:25:36.960 --> 01:25:40.520]  And that's so that the feds can hire their own guards and they don't have to use state
[01:25:40.520 --> 01:25:43.520]  officials.
[01:25:43.520 --> 01:25:50.600]  The judge is in a courthouse leased from the state and that makes him subject to the state
[01:25:50.600 --> 01:25:51.600]  law.
[01:25:51.600 --> 01:26:06.040]  That ought to be interesting because I'm going to say, welcome to the deep end of the pool.
[01:26:06.040 --> 01:26:08.040]  It's way too much fun, Dan.
[01:26:08.040 --> 01:26:11.120]  Yeah, actually it is the tow truck company.
[01:26:11.120 --> 01:26:15.680]  I got to go after them next and it turns out they weren't even supposed to be licensed
[01:26:15.680 --> 01:26:20.240]  per the DMV regulations to even take my car.
[01:26:20.240 --> 01:26:26.240]  It turns out, and I got to see how this is going to play out, but they used a fake corporate
[01:26:26.240 --> 01:26:31.920]  entity starting with A so the police would call them on the alphabetical list first.
[01:26:31.920 --> 01:26:36.640]  So long story short there is I asked them whether I was going to be suing them later
[01:26:36.640 --> 01:26:40.680]  and I'd be dropping them off money to get my car or they were just going to let me drive
[01:26:40.680 --> 01:26:45.800]  a record out and come get my car and they started cursing and swearing and I said, listen,
[01:26:45.800 --> 01:26:52.120]  it's a business decision, life is full of choices, now you get to make one.
[01:26:52.120 --> 01:26:53.120]  That sounds familiar.
[01:26:53.120 --> 01:27:00.360]  I know, I don't know where I got that one.
[01:27:00.360 --> 01:27:06.440]  They had a bird and I found this out from a guy that I helped with a foreclosure.
[01:27:06.440 --> 01:27:12.160]  He actually ended up, that guy, he's eternally grateful, he got to walk away from his house
[01:27:12.160 --> 01:27:17.080]  and the bank gave him 20 grand not to sue them.
[01:27:17.080 --> 01:27:27.480]  Wonderful, that's exactly the kinds of things we're working on right now, is a way to create
[01:27:27.480 --> 01:27:33.400]  equity, an equitable outcome instead of fighting them for five years and the guy gets just
[01:27:33.400 --> 01:27:37.040]  burned out on the five and walks away as we try to.
[01:27:37.040 --> 01:27:42.760]  Yeah, he was in the home for like I think seven years fighting the bank, it was ridiculous
[01:27:42.760 --> 01:27:46.320]  by the time I got to him.
[01:27:46.320 --> 01:27:50.720]  But in any event, I do like Yokes, I know a lot of people call in, they have questions
[01:27:50.720 --> 01:27:56.760]  and the more of these people you can get calling in to get to that point where they can take
[01:27:56.760 --> 01:28:01.760]  the ball and run, the sooner life will be better off for everybody.
[01:28:01.760 --> 01:28:09.360]  Exactly, that is the reason we do this show, you're the reason we do this show.
[01:28:09.360 --> 01:28:17.520]  Yeah, and I thank you guys so much and I'm having too much fun and ended up being a job,
[01:28:17.520 --> 01:28:22.400]  but we have a lot to go over, I know there's a lot of new foreclosure stuff that I've been
[01:28:22.400 --> 01:28:29.520]  working with, I mean it's just, this show could go to like six in the morning.
[01:28:29.520 --> 01:28:32.760]  Give me a call during the day sometime, my phone number's the same.
[01:28:32.760 --> 01:28:38.360]  Yeah, I need your new number, you know, because your number didn't work for some reason, but
[01:28:38.360 --> 01:28:42.560]  I'll send you a message.
[01:28:42.560 --> 01:28:43.560]  940-399-9922.
[01:28:43.560 --> 01:28:44.560]  940.
[01:28:44.560 --> 01:28:45.560]  399-9922.
[01:28:45.560 --> 01:29:03.480]  Excellent, well, I will be in touch very shortly.
[01:29:03.480 --> 01:29:11.480]  Wonderful, okay, thank you Dan, now we're going to go to Alex, no, Justin's first, Justin
[01:29:11.480 --> 01:29:17.200]  in New York, no, Alex is in New York, Justin's in Texas, hello Justin.
[01:29:17.200 --> 01:29:18.200]  Hi.
[01:29:18.200 --> 01:29:22.520]  What do you have for us tonight?
[01:29:22.520 --> 01:29:31.280]  Well, I've got a very interesting case that's been going on for many years, where I'm, well,
[01:29:31.280 --> 01:29:37.200]  I'm getting evicted, I'm being sued for my house, so.
[01:29:37.200 --> 01:29:41.240]  Okay hang on, we're about to go to break, we'll pick this up on the other side.
[01:29:41.240 --> 01:29:48.920]  This is Randy Kelton, Steve Skidmore, rule of law radio, I call in number 512-646-1984,
[01:29:48.920 --> 01:29:54.760]  give us a call, we'll be taking your calls all night, we'll be right back.
[01:29:54.760 --> 01:30:05.640]  Pedophiles, they live and hunt in our midst, prompting some to call for forced microchipping
[01:30:05.640 --> 01:30:06.640]  and tracking.
[01:30:06.640 --> 01:30:10.520]  I'm Dr. Catherine Albrecht, and in a moment I'll tell you why chipping even the most heinous
[01:30:10.520 --> 01:30:13.400]  offenders is a very bad idea.
[01:30:13.400 --> 01:30:18.720]  Your search engine is watching you, recording all your searches and creating a massive database
[01:30:18.720 --> 01:30:20.440]  of your personal information.
[01:30:20.440 --> 01:30:21.680]  That's creepy.
[01:30:21.680 --> 01:30:24.120]  But it doesn't have to be that way.
[01:30:24.120 --> 01:30:27.160]  Startpage.com is the world's most private search engine.
[01:30:27.160 --> 01:30:31.040]  Startpage doesn't store your IP address, make a record of your searches or use tracking
[01:30:31.040 --> 01:30:33.320]  cookies and they're third party certified.
[01:30:33.320 --> 01:30:38.740]  If you don't like big brother spying on you, start over with Startpage, great search results
[01:30:38.740 --> 01:30:40.400]  and total privacy.
[01:30:40.400 --> 01:30:43.600]  Startpage.com, the world's most private search engine.
[01:30:43.600 --> 01:30:48.360]  In our surveillance mad society, there's a wise Chinese proverb we should keep in mind.
[01:30:48.360 --> 01:30:52.520]  The fire you kindle for your enemy often burns you more than it burns him.
[01:30:52.520 --> 01:30:56.960]  Chipping pedophiles might sound like a good idea until we realize it won't stop there.
[01:30:56.960 --> 01:31:01.280]  First pedophiles, then drug dealers, then drunk drivers and tax cheats, and finally that
[01:31:01.280 --> 01:31:04.880]  guy who built a deck on the back of his house without the right permit.
[01:31:04.880 --> 01:31:09.200]  Next they'll tag nuclear workers, food workers, then teachers, and eventually they'll come
[01:31:09.200 --> 01:31:10.200]  for us all.
[01:31:10.200 --> 01:31:13.320]  No matter how good forced chipping looks, we must say no.
[01:31:13.320 --> 01:31:17.680]  Big brother has surrounded us with dried kindling and he's hankering for a match.
[01:31:17.680 --> 01:31:18.680]  Let's not hand it to him.
[01:31:18.680 --> 01:31:31.240]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:31.240 --> 01:31:36.600]  This is building seven, a 47 story skyscraper that fell on the afternoon of September 11th.
[01:31:36.600 --> 01:31:38.720]  The government says that fire brought it down.
[01:31:38.720 --> 01:31:43.640]  Over 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.640 --> 01:31:46.440]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.440 --> 01:31:49.080]  Thousands of my fellow first responders are dying.
[01:31:49.080 --> 01:31:50.480]  I'm not a conspiracy theorist.
[01:31:50.480 --> 01:31:51.480]  I'm a structural engineer.
[01:31:51.480 --> 01:31:52.920]  I'm a New York City correctional.
[01:31:52.920 --> 01:31:53.920]  I'm an Air Force pilot.
[01:31:53.920 --> 01:31:55.560]  I'm a father who lost his son.
[01:31:55.560 --> 01:31:58.200]  We're Americans and we deserve the truth.
[01:31:58.200 --> 01:32:01.720]  Go to rememberbuildingseven.org today.
[01:32:01.720 --> 01:32:05.480]  After work I'm so tired that I want to be left alone to sleep.
[01:32:05.480 --> 01:32:07.080]  Hey, listen to me.
[01:32:07.080 --> 01:32:08.080]  Who are you?
[01:32:08.080 --> 01:32:11.960]  I knew you years ago when you felt healthy and young and everything worked on your body.
[01:32:11.960 --> 01:32:13.160]  Do you remember that?
[01:32:13.160 --> 01:32:14.160]  Yes.
[01:32:14.160 --> 01:32:15.400]  I wish I felt like that now.
[01:32:15.400 --> 01:32:20.560]  You can feel like that again with a new micro plant powder formulation called Iodine Now.
[01:32:20.560 --> 01:32:25.160]  It cleans the entire body from head to toe and feeds the body what it really needs.
[01:32:25.160 --> 01:32:28.560]  You'll be in a better mood and you'll find more drive in your romantic life.
[01:32:28.560 --> 01:32:29.560]  Really?
[01:32:29.560 --> 01:32:32.000]  I got to try iodine now and feel good again.
[01:32:32.000 --> 01:32:36.520]  It also protects you from radiation, heavy metals, fluoride, chlorine, and bromine, including
[01:32:36.520 --> 01:32:38.480]  cancer and most major diseases.
[01:32:38.480 --> 01:32:39.480]  You'll be amazed.
[01:32:39.480 --> 01:32:40.800]  You can be your own doctor.
[01:32:40.800 --> 01:32:43.640]  I want to keep you out of the hospital and off pharmaceuticals.
[01:32:43.640 --> 01:32:44.640]  Wow.
[01:32:44.640 --> 01:32:46.640]  Why are you so nice to me?
[01:32:46.640 --> 01:32:47.640]  Because I'm you.
[01:32:47.640 --> 01:32:50.240]  You're out of shape and I need a better looking future.
[01:32:50.240 --> 01:32:51.240]  Call 888-910-4367.
[01:32:51.240 --> 01:32:52.240]  That's 888-910-4367.
[01:32:52.240 --> 01:32:53.240]  Or visit microplantpowder.com.
[01:32:53.240 --> 01:32:54.240]  Microplantpowder.com.
[01:32:54.240 --> 01:32:55.240]  Looking for some truth?
[01:32:55.240 --> 01:32:56.240]  You found it.
[01:32:56.240 --> 01:32:57.240]  Located in the heart of the United States of America.
[01:32:57.240 --> 01:32:58.240]  You can find more information at microplantpowder.com.
[01:32:58.240 --> 01:32:59.240]  You can find more information at microplantpowder.com.
[01:32:59.240 --> 01:33:00.240]  You can find more information at microplantpowder.com.
[01:33:00.240 --> 01:33:01.240]  You can find more information at microplantpowder.com.
[01:33:01.240 --> 01:33:08.240]  You can find more information at microplantpowder.com.
[01:33:31.240 --> 01:33:44.600]  Okay, we are back.
[01:33:44.600 --> 01:33:50.760]  Randy Kelton, Steve Skidmore, Wheelbar Radio, and we're talking to Justin in Texas.
[01:33:50.760 --> 01:33:52.320]  Okay.
[01:33:52.320 --> 01:33:55.440]  How long have you been in litigation on this?
[01:33:55.440 --> 01:33:58.280]  I've been fighting it.
[01:33:58.280 --> 01:34:08.320]  Well, I got served papers for an eviction in November, and it's last November here.
[01:34:08.320 --> 01:34:18.000]  And I went ahead and got a jury trial for the court date was set for December 1st.
[01:34:18.000 --> 01:34:24.720]  And so then they ended up, when I went to that, they ended up setting it for the 30th
[01:34:24.720 --> 01:34:26.520]  of December.
[01:34:26.520 --> 01:34:37.720]  And just before that date, the plaintiffs put in a, I guess, a motion for a continuance
[01:34:37.720 --> 01:34:43.760]  to research a title, a chain of title, right?
[01:34:43.760 --> 01:34:44.760]  And then they've done it again.
[01:34:44.760 --> 01:34:50.560]  This month they did the second 30-day continuance, but now they put in like 60 days for a continuance
[01:34:50.560 --> 01:34:52.560]  for title.
[01:34:52.560 --> 01:34:58.000]  And from what I know, they have nothing, all right, because I've done all my research.
[01:34:58.000 --> 01:35:02.360]  I know what my chain of title, all the way back to my parents.
[01:35:02.360 --> 01:35:09.280]  And I've been living in the same house for over 10 years, but I got the title to it back
[01:35:09.280 --> 01:35:14.600]  in 2011 from a deed from my mom.
[01:35:14.600 --> 01:35:21.920]  And so the plaintiff is my stepdad's mother, right?
[01:35:21.920 --> 01:35:24.720]  So this is my mom's mother-in-law.
[01:35:24.720 --> 01:35:30.200]  And my mom and my stepdad got a divorce back in 2008.
[01:35:30.200 --> 01:35:36.200]  And after that, I guess it's been a family feud over this property.
[01:35:36.200 --> 01:35:41.160]  And then my stepdad died in 2010, in early 2010.
[01:35:41.160 --> 01:35:45.720]  And so there was a lot of stuff really left up in the air.
[01:35:45.720 --> 01:35:49.720]  It's a really mixed up bunch of documents and things.
[01:35:49.720 --> 01:35:53.680]  And people would do things in court and not follow through with their agreements.
[01:35:53.680 --> 01:35:58.280]  And so I've got all these weird documents that don't really mean a lot.
[01:35:58.280 --> 01:36:03.800]  And so I've gone through and found what, from what I know, what I've researched, and I'm
[01:36:03.800 --> 01:36:10.160]  hoping I'm on the right track, what's actually relevant to the case for proving my chain
[01:36:10.160 --> 01:36:11.160]  of title.
[01:36:11.160 --> 01:36:19.880]  So when I got the judge to accept that I have an adverse possession claim, basically, which
[01:36:19.880 --> 01:36:22.000]  is a lot of fun.
[01:36:22.000 --> 01:36:25.280]  How long, okay, are you holding it by adverse possession?
[01:36:25.280 --> 01:36:26.280]  Yes.
[01:36:26.280 --> 01:36:29.760]  How long have you held it that way?
[01:36:29.760 --> 01:36:34.560]  Since April of 2011, I have the deed.
[01:36:34.560 --> 01:36:36.040]  But before that, I was living here too.
[01:36:36.040 --> 01:36:44.840]  So I do have a chain of title back to my mom, who when she ended up getting another house,
[01:36:44.840 --> 01:36:45.840]  she moved out.
[01:36:45.840 --> 01:36:50.080]  And part of the agreement we had was that I take over this property.
[01:36:50.080 --> 01:36:58.400]  When does the claimant claim they had a holder status of the property?
[01:36:58.400 --> 01:37:09.280]  Okay, with their sworn original petition for the forcible detainer, which has their reasons
[01:37:09.280 --> 01:37:18.880]  for an eviction, that they say they just claim that they own the property and that from her
[01:37:18.880 --> 01:37:24.680]  documents, the plaintiff's documents, they say that she got the property deeded.
[01:37:24.680 --> 01:37:30.680]  She filed a sworn affidavit claiming that the property was in my stepdad's possession
[01:37:30.680 --> 01:37:36.320]  and still have title to it when he died, which it wasn't.
[01:37:36.320 --> 01:37:42.240]  And there's a lot of conflicting things she went and said in her claim that really set...
[01:37:42.240 --> 01:37:43.240]  Hold on, hold on.
[01:37:43.240 --> 01:37:45.640]  This is really confusing.
[01:37:45.640 --> 01:37:49.740]  You're making an adverse possession claim.
[01:37:49.740 --> 01:37:54.120]  So that takes seven years.
[01:37:54.120 --> 01:37:55.120]  Have you had...
[01:37:55.120 --> 01:37:56.120]  There's one that has a three...
[01:37:56.120 --> 01:38:02.640]  There's a three-year claim under, okay, I'm going to the Civil Practice and Remedies Code
[01:38:02.640 --> 01:38:06.640]  Chapter 16 for Texas.
[01:38:06.640 --> 01:38:17.240]  In subchapter B, there's a statute of limitations for real estate and there's a, let's see here,
[01:38:17.240 --> 01:38:25.400]  Section 16.024 has a three-year limitation period for an adverse possession claim.
[01:38:25.400 --> 01:38:32.340]  And that's what I'm trying to leverage here, which says that a person must bring suit to
[01:38:32.340 --> 01:38:37.720]  recover real property held by another in peaceable and adverse possession under title or color
[01:38:37.720 --> 01:38:42.520]  of title, not later than three years after the day that the cause of action accrues.
[01:38:42.520 --> 01:38:43.880]  That's that.
[01:38:43.880 --> 01:38:50.560]  Okay, so that's not later than three years after they discovered the adverse possession.
[01:38:50.560 --> 01:38:51.560]  Right.
[01:38:51.560 --> 01:38:52.560]  Yeah.
[01:38:52.560 --> 01:39:01.680]  And the thing is in the plaintiff's claims here, she says...
[01:39:01.680 --> 01:39:06.280]  I think she's a bit maybe angry or whatever, but she said a lot of things maybe she didn't
[01:39:06.280 --> 01:39:12.120]  need to say, but maybe she thought they were on her side to say that, like saying that
[01:39:12.120 --> 01:39:17.480]  the defendants do not have consent of the plaintiff to occupy the premises, which gives
[01:39:17.480 --> 01:39:18.480]  me...
[01:39:18.480 --> 01:39:19.480]  Oops.
[01:39:19.480 --> 01:39:20.480]  Yeah.
[01:39:20.480 --> 01:39:26.880]  And then she also says the defendants don't have a lease agreement with the plaintiff,
[01:39:26.880 --> 01:39:34.520]  no rent has ever been paid, and there you go, which is also grounds for my hostile use
[01:39:34.520 --> 01:39:36.320]  of the property.
[01:39:36.320 --> 01:39:42.840]  And she says here that she thinks that I began living at the premises, but she doesn't give
[01:39:42.840 --> 01:39:48.920]  an exact date, but she puts it in line with these other numbers, causes for grounds or
[01:39:48.920 --> 01:39:49.920]  whatever.
[01:39:49.920 --> 01:40:00.640]  She says back in 2008 that there was a divorce between my mom and my stepdad, and then in
[01:40:00.640 --> 01:40:05.880]  the divorce decree, it talks about the property, but they never executed a deed.
[01:40:05.880 --> 01:40:12.400]  And then there's in 2009, late 2009, the end of 2009, my stepdad died.
[01:40:12.400 --> 01:40:17.320]  And then it says in this next number, saying that I began to live at the premises, but
[01:40:17.320 --> 01:40:24.360]  I've been living here since 1999, but I mean, it's true that she just kind of vaguely says
[01:40:24.360 --> 01:40:27.800]  I began to live there, but it definitely...
[01:40:27.800 --> 01:40:32.480]  Well, isn't that the point at which it became adverse?
[01:40:32.480 --> 01:40:39.040]  Yeah, I'm assuming she didn't quite put the date, but she does put it in here with these
[01:40:39.040 --> 01:40:44.400]  other dates in a consecutive way that she's like saying that I began to live there right
[01:40:44.400 --> 01:40:50.040]  after my stepdad died, I suppose, which I mean, according to her knowledge, so she admits
[01:40:50.040 --> 01:40:52.840]  that she knew I was here at that point, I suppose.
[01:40:52.840 --> 01:40:55.560]  So she's essentially made your case for you.
[01:40:55.560 --> 01:40:59.920]  Seriously, she's like, when I got this, I had already been doing...
[01:40:59.920 --> 01:41:06.600]  I knew I was in an adverse possession thing since three and a half, four years ago almost.
[01:41:06.600 --> 01:41:11.840]  So I was trying to go for this and trying to angle for this three year plus thing.
[01:41:11.840 --> 01:41:19.440]  And I did not expect her to end this with her signed sworn statements here for her grounds
[01:41:19.440 --> 01:41:25.920]  for eviction that basically lay out most of my requirements for the adverse possession
[01:41:25.920 --> 01:41:30.160]  as far as her giving her notice that I was here.
[01:41:30.160 --> 01:41:32.840]  She already admits that I was here before.
[01:41:32.840 --> 01:41:44.280]  So I was just wondering if I have all my stuff here, all my ducks in a row, so this adverse
[01:41:44.280 --> 01:41:53.920]  possession claim, I can put it through maybe with a motion for a summary disposition?
[01:41:53.920 --> 01:41:57.760]  No, you need to file that with a district court.
[01:41:57.760 --> 01:42:01.920]  Yeah, this is at the Travis County District Court.
[01:42:01.920 --> 01:42:02.920]  Oh, okay.
[01:42:02.920 --> 01:42:03.920]  Okay.
[01:42:03.920 --> 01:42:07.920]  So with the eviction, that's going to be in the JP court.
[01:42:07.920 --> 01:42:08.920]  Okay.
[01:42:08.920 --> 01:42:09.920]  Okay.
[01:42:09.920 --> 01:42:13.920]  Here's something important to understand.
[01:42:13.920 --> 01:42:20.960]  The district court cannot enjoin the justice of the peace because the justice of the peace
[01:42:20.960 --> 01:42:24.920]  has exclusive jurisdiction.
[01:42:24.920 --> 01:42:31.020]  What the district court can do is enjoin the plaintiff.
[01:42:31.020 --> 01:42:39.200]  So if you file an adverse possession action and ask for a restraining order, make sure
[01:42:39.200 --> 01:42:45.080]  you ask them to restrain the plaintiff and not the JP.
[01:42:45.080 --> 01:42:46.080]  Okay.
[01:42:46.080 --> 01:42:58.160]  So in this adverse possession stuff, it says it requires these basic five points I think
[01:42:58.160 --> 01:43:08.320]  here that color of title or title, peaceable possession, and then the adverse possession.
[01:43:08.320 --> 01:43:16.440]  All those have very specific definitions that I'm hoping that I have my stuff right here.
[01:43:16.440 --> 01:43:17.440]  Yeah.
[01:43:17.440 --> 01:43:21.640]  So she didn't charge you with trespass.
[01:43:21.640 --> 01:43:25.640]  So as long as you weren't charged with trespass, you're in peaceful possession.
[01:43:25.640 --> 01:43:26.640]  Yeah.
[01:43:26.640 --> 01:43:27.640]  Yeah.
[01:43:27.640 --> 01:43:33.080]  And I have not been sued at all before by her, and this entire time I've never had any
[01:43:33.080 --> 01:43:38.520] americal orientation pleads I'm left out.
[01:43:38.520 --> 01:43:39.520]  Okay.
[01:43:39.520 --> 01:43:40.520]  Hang on.
[01:43:40.520 --> 01:43:41.520]  That could go to break.
[01:43:41.520 --> 01:43:44.180]  Randall Kelton, Steve Skidmore with our radio.
[01:43:44.180 --> 01:43:45.340]  Our calling numbers.
[01:43:45.340 --> 01:43:48.860]  Five One Two, six, four six, 1984, Alex Robb.
[01:43:48.860 --> 01:43:50.880]  We'll get to you when we come back.
[01:43:50.880 --> 01:43:52.740]  Thank you for hanging on.
[01:43:52.740 --> 01:43:57.780]  We'll be right back.
[01:43:57.780 --> 01:44:03.780]  You feel tired when talking about important topics like money and politics?
[01:44:03.780 --> 01:44:04.780]  Glory!
[01:44:04.780 --> 01:44:07.780]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.780 --> 01:44:08.780]  What?
[01:44:08.780 --> 01:44:12.780]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.780 --> 01:44:18.780]  Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity at an early age.
[01:44:18.780 --> 01:44:24.780]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[01:44:24.780 --> 01:44:29.780]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[01:44:29.780 --> 01:44:35.780]  The staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports-zombie-ism recover.
[01:44:35.780 --> 01:44:42.780]  And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested.
[01:44:42.780 --> 01:44:53.780]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them in 1904 Guadalupe or bravenewbookstore.com.
[01:44:53.780 --> 01:44:59.780]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning.
[01:44:59.780 --> 01:45:03.780]  Are you the plaintiff or defendant in a lawsuit?
[01:45:03.780 --> 01:45:14.780]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step by step.
[01:45:14.780 --> 01:45:18.780]  If you have a lawyer, know what your lawyer should be doing.
[01:45:18.780 --> 01:45:22.780]  If you don't have a lawyer, know what you should do for yourself.
[01:45:22.780 --> 01:45:27.780]  Thousands have won with our step-by-step course, and now you can too.
[01:45:27.780 --> 01:45:33.780]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:33.780 --> 01:45:42.780]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[01:45:42.780 --> 01:45:51.780]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[01:45:51.780 --> 01:46:00.780]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[01:46:00.780 --> 01:46:28.780]  Thank you.
[01:46:31.780 --> 01:46:33.780]  Okay, we are back.
[01:46:33.780 --> 01:46:40.780]  Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking to Justin in Texas.
[01:46:40.780 --> 01:46:49.780]  Okay, Justin, so what is the question?
[01:46:49.780 --> 01:46:51.780]  Looks like, hold on, it didn't take.
[01:46:51.780 --> 01:46:52.780]  Let me try that again.
[01:46:52.780 --> 01:46:55.780]  Okay, now I've got you unmuted.
[01:46:55.780 --> 01:46:56.780]  Okay.
[01:46:56.780 --> 01:47:07.780]  All right, well, I was wondering, I was doing the research on one of the plaintiffs' chain of title, her claim to it that she said,
[01:47:07.780 --> 01:47:17.780]  and I found that there aren't deeds that she's saying were made, there was like the divorce decree between my mom and my stepdad back in 2008
[01:47:17.780 --> 01:47:27.780]  says that basically they agreed in the divorce decree that the property would go back to just my stepdad.
[01:47:27.780 --> 01:47:29.780]  But then nobody ever signed any deeds.
[01:47:29.780 --> 01:47:32.780]  And I wasn't privy to any of this back in 2008.
[01:47:32.780 --> 01:47:37.780]  And I really only worked this, it's all public records, so I found all this stuff now.
[01:47:37.780 --> 01:47:47.780]  But, well, I found that there's no deed associated with the divorce decree to change over the property from community property.
[01:47:47.780 --> 01:47:53.780]  Okay, that goes to 13.001 property code.
[01:47:53.780 --> 01:48:02.780]  Any claim against real property not properly acknowledged or proven and filed in the public record is void as to the holder.
[01:48:02.780 --> 01:48:06.780]  So it doesn't make any difference what they agreed to.
[01:48:06.780 --> 01:48:14.780]  If they did not reduce it to a claim and file that claim in the record, they can't adjudicate it.
[01:48:14.780 --> 01:48:17.780]  Cool. All right.
[01:48:17.780 --> 01:48:24.780]  So yeah, and it says there in the fine print in the divorce decree that they have to do that right there above the part about real estate property.
[01:48:24.780 --> 01:48:29.780]  So I figured something like that.
[01:48:29.780 --> 01:48:32.780]  What code?
[01:48:32.780 --> 01:48:37.780]  13.001 property code.
[01:48:37.780 --> 01:48:41.780]  Okay.
[01:48:41.780 --> 01:48:42.780]  All right.
[01:48:42.780 --> 01:48:44.780]  And so that's cool.
[01:48:44.780 --> 01:48:50.780]  So she's leaning 100% on this divorce decree.
[01:48:50.780 --> 01:48:54.780]  And I wasn't, I didn't know about any of that stuff until now.
[01:48:54.780 --> 01:49:01.780]  But then there's another thing here that's a real big deal that happened in 2012, in June 2012.
[01:49:01.780 --> 01:49:11.780]  I've been living here for already a year and a half, and I had actually had some communication with this other family, the plaintiff's family.
[01:49:11.780 --> 01:49:16.780]  I made them tell the message to everybody involved that we're here, and they knew it.
[01:49:16.780 --> 01:49:22.780]  And these are people I used to go to Christmas parties with way back in the day.
[01:49:22.780 --> 01:49:32.780]  And so back in June 2012, the cops kicked my door in all of a sudden one day in the middle of the morning, it was like 10 a.m.
[01:49:32.780 --> 01:49:38.780]  And they come in with, they couldn't get, I have two doors, so they couldn't get in through past my porch door.
[01:49:38.780 --> 01:49:49.780]  And so I come around and they had pointed guns at me and they were saying that I was, that there was a bunch of hooligans that had, they were looking for armed robbers or entering the house.
[01:49:49.780 --> 01:50:02.780]  Because the plaintiff had flagged them down the street and waved down to the cops and said that there was a gang of hooligans that had broken into her residence and were looting it.
[01:50:02.780 --> 01:50:06.780]  And the cops took her word for it and kicked in the door.
[01:50:06.780 --> 01:50:11.780]  And then they realized that I've been living here already by that time until the teenager.
[01:50:11.780 --> 01:50:20.780]  They recognized me and they're like, sorry, oh my God, you know, that she said that was going on there. They took it like an emergency situation.
[01:50:20.780 --> 01:50:27.780]  They came in like that without looking at anybody else, definitely didn't care about my rights at the time.
[01:50:27.780 --> 01:50:31.780]  But then they ended up apologizing that day and leaving.
[01:50:31.780 --> 01:50:35.780]  And I still haven't worked out all this stuff with that.
[01:50:35.780 --> 01:50:47.780]  Yeah, but okay, you're cool on that because that wasn't the alleged holder claiming trespass.
[01:50:47.780 --> 01:50:53.780]  So that was just an incident. It doesn't affect your holder status.
[01:50:53.780 --> 01:50:57.780]  She never did anything legally there. She never went to court and filed that.
[01:50:57.780 --> 01:51:08.780]  She just waved down the police under false pre-census and then they had them. And I was just wondering if I should bring that sort of thing into the violation of my stuff.
[01:51:08.780 --> 01:51:12.780]  Objection, objection, relevance.
[01:51:12.780 --> 01:51:21.780]  Just like if the other side brings up the divorce decree, objection, relevance.
[01:51:21.780 --> 01:51:23.780]  Neither one of those are relevant.
[01:51:23.780 --> 01:51:37.780]  Divorce decree is not relevant because the only thing that would give them a claim or give anyone else a claim was a filing in the public record.
[01:51:37.780 --> 01:51:46.780]  Nothing else can give them a claim because 13.01.
[01:51:46.780 --> 01:51:52.780]  So don't let them influence the judge with a lot of irrelevant nonsense.
[01:51:52.780 --> 01:51:54.780]  Yeah, there's an entire stack they gave me in this whole thing.
[01:51:54.780 --> 01:52:00.780]  I've probably got a one-inch thick file that's filled with just nonsense paperwork.
[01:52:00.780 --> 01:52:08.780]  And there's not really any substantial evidence against me.
[01:52:08.780 --> 01:52:12.780]  Okay, wait a minute. Do they have counsel?
[01:52:12.780 --> 01:52:13.780]  Yes.
[01:52:13.780 --> 01:52:16.780]  Do you have counsel?
[01:52:16.780 --> 01:52:17.780]  No.
[01:52:17.780 --> 01:52:21.780]  Get counsel for this last hearing.
[01:52:21.780 --> 01:52:25.780]  Then you don't have to deal with the pro se bias.
[01:52:25.780 --> 01:52:27.780]  Okay.
[01:52:27.780 --> 01:52:31.780]  Way too important. You could win the whole answer out of here.
[01:52:31.780 --> 01:52:44.780]  Yeah. Now what if I, before I just did, could I try to send in, you were talking about some forms earlier and I was going to look up where to get the, is there a nice little form somewhere for an adverse possession claim?
[01:52:44.780 --> 01:52:57.780]  Oh, yeah. Oh, yeah. All of those forms would be in O'Connor's forms. Just go to the legal library. Got one down in the capitol building and ask the librarians there.
[01:52:57.780 --> 01:53:03.780]  Ask them if they have O'Connor's forms and tell them you need one for adverse possession claim.
[01:53:03.780 --> 01:53:13.780]  They'd look it right up, print it out. You can then give it to you in electronic format where you can fill in the blanks.
[01:53:13.780 --> 01:53:22.780]  But I suggest, too important, get a lawyer for this one hearing.
[01:53:22.780 --> 01:53:28.780]  This could go for this issue. It could end the whole thing. But if you go in without a lawyer, they're going to rule for the lawyer.
[01:53:28.780 --> 01:53:40.780]  They have multiple times. They keep doing these continuances for discovery for the chain of title. And if they just do that forever, can I just kind of leverage?
[01:53:40.780 --> 01:54:06.780]  No. Go down to the Travis County clerk's office and ask them to do a search under whoever's name holds it or just do a search on the property with the property description and give you a printout of the search that they did.
[01:54:06.780 --> 01:54:17.780]  Then you look at it and every document that appears relevant to get a certified copy, there's your title search.
[01:54:17.780 --> 01:54:30.780]  If it's not in the public record, it don't matter where it's at. So there's nothing else to search and look for.
[01:54:30.780 --> 01:54:38.780]  All this title search stuff is nonsense. You can do the title search in five minutes.
[01:54:38.780 --> 01:54:47.780]  You don't care about the title search all the way back to the land grant. You don't need an abstract title.
[01:54:47.780 --> 01:54:59.780]  You just need an abstract from the time the stepfather received the property until now.
[01:54:59.780 --> 01:55:04.780]  Okay. Yeah. See, I do have all the deeds leading all the way up to now.
[01:55:04.780 --> 01:55:15.780]  And my mom is actually involved in the lawsuit, too, so she has to be in court. They served her and me on the paper, so I don't know if that has some sort of legal thing.
[01:55:15.780 --> 01:55:22.780]  But she's not even living here anymore. She was a previous owner and deeded it to me.
[01:55:22.780 --> 01:55:31.780]  It's kind of strange that they've included her in it, though, too. But it's not really that big of a deal.
[01:55:31.780 --> 01:55:39.780]  One thing I was going to ask about is if I make a motion for a summary disposition, do I still get another...
[01:55:39.780 --> 01:55:41.780]  It's not going to mess up my...
[01:55:41.780 --> 01:55:49.780]  Okay. Hold on. You have to understand the nature. Summary disposition. You've been sued?
[01:55:49.780 --> 01:55:53.780]  Yeah. See, I'm the defendant, so I'm the one being sued.
[01:55:53.780 --> 01:55:58.780]  Okay. They sued you for possession after the time period had run out?
[01:55:58.780 --> 01:55:59.780]  Yes.
[01:55:59.780 --> 01:56:04.780]  That should get a challenge, subject matter jurisdiction.
[01:56:04.780 --> 01:56:05.780]  Okay.
[01:56:05.780 --> 01:56:12.780]  They did not have capacity to invoke the subject matter jurisdiction of the JP.
[01:56:12.780 --> 01:56:21.780]  But then again, that's too complex for you to do as a pro se. You need to get a lawyer to do that.
[01:56:21.780 --> 01:56:26.780]  Okay. I'll probably end up having to do that.
[01:56:26.780 --> 01:56:44.780]  So there's this thing in here where it says in the adverse possession clause under the Civil Practice and Remedies Code in Chapter 16 in this text that's playing here, it says, Section 16.030 is titled through adverse possession.
[01:56:44.780 --> 01:56:52.780]  If an action for the recovery of a real property is barred under this chapter, the person who holds the property unfeasible in adverse possession has full title for colluding all claims.
[01:56:52.780 --> 01:57:03.780]  So basically if they have to reject her claim, they would have to grant me under that the title, full title and totally unclouded from what I understand.
[01:57:03.780 --> 01:57:08.780]  I just don't understand how I can get that to be executed.
[01:57:08.780 --> 01:57:12.780]  Wait, I didn't understand. What was the last word you said?
[01:57:12.780 --> 01:57:21.780]  Oh, I was just wondering how I can get that, if I can get the case to be shown that the time has expired and that the plaintiff...
[01:57:21.780 --> 01:57:22.780]  Yeah.
[01:57:22.780 --> 01:57:26.780] ...doesn't have evidence, that's what the...
[01:57:26.780 --> 01:57:43.780]  Okay. You do a challenge subject matter jurisdiction on the suit and then you do a petition for declaratory judgment in the district court in the form of an adverse possession claim.
[01:57:43.780 --> 01:57:51.780]  Okay. Okay. So there's a summary disposition in adverse possession. Okay.
[01:57:51.780 --> 01:58:02.780]  Okay. You're using the term summary disposition. The more correct term is a declaratory judgment.
[01:58:02.780 --> 01:58:04.780]  Okay. Okay. Declaratory judgment.
[01:58:04.780 --> 01:58:07.780]  And subject matter jurisdiction on the JP claim.
[01:58:07.780 --> 01:58:16.780]  Okay. We do have to move along. We've got a bunch more callers. Keep us up to speed on what happens with this.
[01:58:16.780 --> 01:58:18.780]  Okay. Okay.
[01:58:18.780 --> 01:58:25.780]  Okay. We are about to go to break. This is Randy Kelton, Steve Skidmore with our radio.
[01:58:25.780 --> 01:58:36.780]  We've got an extended break, so we've got time to go look at our sponsors and maybe buy something from them, help us support the network.
[01:58:36.780 --> 01:58:49.780]  We'll be right back.
[01:59:06.780 --> 01:59:08.780]  Enter the recovery version.
[01:59:08.780 --> 01:59:37.780]  This comprehensive yet compact study Bible is yours just by calling us toll free.
[01:59:37.780 --> 01:59:47.780]  Call us toll free at 1-888-551-0102 or by ordering online at freestudybible.com.
[01:59:47.780 --> 01:59:50.780]  That's freestudybible.com.
[01:59:50.780 --> 02:00:08.780]  You are listening to the Logos Radio Network, logosradionetwork.com.