ROL_2015-02-06_16k_Hr1-2.timecode

[00:00.000 --> 00:07.580]  This is the Liberty Beat, your daily source for Liberty News and activist updates, online
[00:07.580 --> 00:08.580]  at thelibertybeat.com.
[00:08.580 --> 00:13.740]  I'm Brian Hagan with your Liberty Beat for Friday, February 6th, 2015.
[00:13.740 --> 00:20.700]  Gold is trading at $1,264, silver $17.22, and bitcoin around $218.
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[00:42.640 --> 00:46.360]  With civil unrest occurring all across the country, being food secure has never been
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[00:54.080 --> 00:56.520]  security in a time of crisis.
[00:56.520 --> 01:01.120]  In the news, the Transportation Security Administration, the Philadelphia Police Department, and the
[01:01.120 --> 01:05.640]  Department of Homeland Security are being sued after arresting a man on false charges
[01:05.640 --> 01:08.320]  and lying about the facts in court.
[01:08.320 --> 01:14.200]  In 2013, Roger Vanderklok was stopped and questioned by TSA workers over power bar snacks
[01:14.200 --> 01:15.880]  and a watch in his bag.
[01:15.880 --> 01:20.200]  Vanderklok says there was a misunderstanding between him and the TSA.
[01:20.200 --> 01:23.880]  After his bag was cleared of hazardous materials, he asked to file a complaint.
[01:23.880 --> 01:28.120]  Instead, he was put into a holding area and the Philadelphia Police were called.
[01:28.120 --> 01:32.280]  He was arrested and charged with threatening the placement of a bomb and making terroristic
[01:32.280 --> 01:33.280]  threats.
[01:33.280 --> 01:38.280]  At his trial, a TSA supervisor claimed Vanderklok was getting agitated, waving his hands in
[01:38.280 --> 01:41.080]  the air and threatened to bring a bomb through security.
[01:41.080 --> 01:46.680]  However, surveillance video proved the supervisor was lying and Vanderklok was acquitted.
[01:46.680 --> 01:53.840]  He's now suing the agencies for their participation in depriving him of his liberty.
[01:53.840 --> 01:58.240]  A new warrant from the American Civil Liberties Union of North Carolina has found that more
[01:58.240 --> 02:03.200]  than 70 North Carolina law enforcement agencies use surveillance tools, including automatic
[02:03.200 --> 02:07.300]  license plate readers and cell site simulators known as stingrays.
[02:07.300 --> 02:13.000]  The ACLUNC and former state senator and criminal defense attorney Tom Gulsby held a briefing
[02:13.000 --> 02:15.440]  on the growing surveillance and privacy issues.
[02:15.440 --> 02:19.560]  In response to the growth of surveillance tools focusing on domestic communications,
[02:19.560 --> 02:23.880]  the ACLUNC is supporting legislation which would require the police to get a warrant
[02:23.880 --> 02:26.360]  for gathering digital data.
[02:26.360 --> 02:32.400]  The Liberty Beat is made possible by WatchMyBit.com, the first ever micropayment-based video service.
[02:32.400 --> 02:37.120]  If you're a content creator, visit WatchMyBit.com to learn how you can use Bitcoin to generate
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[02:51.400 --> 02:55.000]  This is the Liberty Beat for Friday, February 6, 2015.
[02:55.000 --> 03:22.440]  Check out the website at theLibertyBeat.com.
[03:25.000 --> 03:29.680]  Okay, howdy, howdy.
[03:29.680 --> 03:36.400]  This is Randy Kelton, Steve Skidmore, Wheelbarrow Radio on this Friday, the 6th of February
[03:36.400 --> 03:41.360]  2015.
[03:41.360 --> 03:52.760]  And last Thursday I started out, I went through a little presentation that I'm trying to develop
[03:52.760 --> 03:56.040]  called Leto 101.
[03:56.040 --> 04:01.040]  And I talked about some common fallacies and how the court works.
[04:01.040 --> 04:06.840]  Today I, since Steve's going to be about an hour late, I wanted to start out with due
[04:06.840 --> 04:07.840]  process.
[04:07.840 --> 04:11.280]  We haven't talked about due process in quite a while.
[04:11.280 --> 04:18.120]  I have found some problems in the code that need to be addressed.
[04:18.120 --> 04:28.680]  And I'm hoping that I can generate some interest and participation in presenting and promoting
[04:28.680 --> 04:36.080]  some changes in the Texas Code of Criminal Procedure.
[04:36.080 --> 04:40.160]  It needs a little tweaking.
[04:40.160 --> 04:47.280]  And so I'm going to start out with due process, or at least how due process should work.
[04:47.280 --> 04:57.120]  In any case where there is an accusation of a criminal act against anyone, according to
[04:57.120 --> 05:06.560]  the constitution, the state constitution, all crimes are to be presented to a grand
[05:06.560 --> 05:07.560]  jury.
[05:07.560 --> 05:12.600]  That's the way it was originally intended, but the legislature has made adjustments to
[05:12.600 --> 05:21.760]  that so that only felonies are to be presented to grand juries.
[05:21.760 --> 05:35.760]  So it fundamentally changed the way law was done.
[05:35.760 --> 05:46.240]  And back in 1965, as best I can tell, there was a minor, seemingly minor change to the
[05:46.240 --> 05:55.840]  Code of Criminal Procedure that set the stage for the situation we have now, the police
[05:55.840 --> 05:59.400]  state we all exist in.
[05:59.400 --> 06:07.040]  Most people don't realize that we're in a police state, so what would amount to a police
[06:07.040 --> 06:15.240]  state since we live in this country and this country seems kind of natural and normal because
[06:15.240 --> 06:20.680]  it's all we've ever known, we haven't known any other countries for the most part.
[06:20.680 --> 06:31.520]  And we watch TV and we see images of these police states and they seem horrible, but
[06:31.520 --> 06:36.160]  in actuality, even in a police state, the vast majority of the people never have anything
[06:36.160 --> 06:37.640]  to do with the police.
[06:37.640 --> 06:46.600]  Oh, they see them walking around out there, but they don't have any interaction with them.
[06:46.600 --> 06:59.600]  The state of Texas, the average conviction rate for all crimes across the board, 99.6.
[06:59.600 --> 07:04.760]  Would you recognize a police state if you were in one?
[07:04.760 --> 07:12.120]  The United States contains approximately 3% of the world's population.
[07:12.120 --> 07:19.880]  We house approximately 50% of the world's populations of inmates.
[07:19.880 --> 07:23.520]  And we call this a free country.
[07:23.520 --> 07:26.680]  There isn't much free about that.
[07:26.680 --> 07:35.360]  And it started out in 1965 when the legislature changed Article 14.01 Texas Code of Criminal
[07:35.360 --> 07:41.600]  Procedure.
[07:41.600 --> 07:48.160]  They didn't actually change what was already in there.
[07:48.160 --> 07:52.880]  What they did was added something to it.
[07:52.880 --> 08:04.200]  And prior to that, a police officer could arrest someone without a warrant for any offense
[08:04.200 --> 08:09.400]  committed in their sight or in their presence or in their hearing.
[08:09.400 --> 08:17.280]  14.01, a peace officer or any other person may, without a warrant, arrest an offender
[08:17.280 --> 08:22.560]  when the offense is committed in his presence or within his view.
[08:22.560 --> 08:33.360]  If the offense is one classed as a felony or as an offense against the public peace.
[08:33.360 --> 08:43.400]  That's what it said for almost 100 years of Texas history, a little over 100 years.
[08:43.400 --> 08:53.120]  And then in 1975, they added a paragraph.
[08:53.120 --> 09:00.780]  A peace officer may arrest an offender without a warrant for any offense committed in his
[09:00.780 --> 09:04.080]  presence or within his view.
[09:04.080 --> 09:15.360]  Now if you read those two, paragraph B is exclusive of paragraph A. Paragraph A and
[09:15.360 --> 09:24.040]  B essentially say the same thing, except paragraph A sets a limitation on those things for which
[09:24.040 --> 09:28.980]  a person can be arrested without a warrant.
[09:28.980 --> 09:42.720]  If B doesn't change paragraph A, it is paragraph A with the second portion taken out.
[09:42.720 --> 09:53.880]  So prosecutors who have been directed by the legislature to give legal advice to the police
[09:53.880 --> 10:03.280]  and inferior courts have interpreted this to mean that a police officer in the state
[10:03.280 --> 10:11.260]  of Texas can arrest anyone or anything.
[10:11.260 --> 10:15.280]  If you drop a piece of paper, you can be arrested.
[10:15.280 --> 10:21.400]  If you're driving down the road and your wheels at one point barely touch the yellow line,
[10:21.400 --> 10:26.320]  you can be arrested, thrown in jail.
[10:26.320 --> 10:32.400]  Anything that is a violation of any law in Texas, a police officer can arrest you at
[10:32.400 --> 10:34.840]  his caprice.
[10:34.840 --> 10:46.300]  And that would be bad enough, but the courts have come to the point that they will accept
[10:46.300 --> 10:51.520]  known perjurious statement from the police without question.
[10:51.520 --> 11:00.040]  As a matter of fact, in the traffic courts, it seems the courts prefer perjury to the
[11:00.040 --> 11:02.480]  truth.
[11:02.480 --> 11:12.920]  What they prefer from the officer is a statement that amounts to a sufficient accusation to
[11:12.920 --> 11:19.080]  meet all of the requirements of a criminal accusation, whether all of the elements are
[11:19.080 --> 11:20.200]  present or not.
[11:20.200 --> 11:27.580]  If all of the elements are not present, the court wants to hear that they are present.
[11:27.580 --> 11:35.040]  And if the policeman lies to the court, and primarily I'm speaking to a traffic court,
[11:35.040 --> 11:40.600]  if the policeman lies to the court and the judge knows he's lying to the court, he does
[11:40.600 --> 11:43.300]  not care.
[11:43.300 --> 11:51.440]  The reason he doesn't care is because traffic court is not about keeping the peace.
[11:51.440 --> 11:54.800]  Traffic court is about the money.
[11:54.800 --> 11:59.200]  It's all about collecting an unauthorized tax.
[11:59.200 --> 12:05.560]  I know on Eddie Craig's show, they talk about the right to travel.
[12:05.560 --> 12:12.960]  My issue with the right to travel isn't so much one that goes to the regulation, the
[12:12.960 --> 12:20.720]  safety regulation of people moving around the roads in 3,000 pounds of self-propelled
[12:20.720 --> 12:23.000]  iron.
[12:23.000 --> 12:32.040]  My concern with the traffic code is that it is used as an unauthorized tax, that it's
[12:32.040 --> 12:39.640]  used to extract tremendous amount of money from the public that was never authorized
[12:39.640 --> 12:41.840]  by law.
[12:41.840 --> 12:47.960]  And Eddie will talk about the part where the traffic code does not apply to you unless
[12:47.960 --> 12:50.280]  you're in commerce.
[12:50.280 --> 13:03.680]  Well, the traffic code evolved out of an earlier code, originally instituted to the control
[13:03.680 --> 13:06.920]  carriage operators.
[13:06.920 --> 13:15.320]  And as the carriages went from horsepower to motorized, they carried the traffic code
[13:15.320 --> 13:19.560]  over to the motorized.
[13:19.560 --> 13:29.840]  But even when the carriages were originally licensed, it was clear that only those persons
[13:29.840 --> 13:35.480]  operating carriages in commerce were affected by it.
[13:35.480 --> 13:43.840]  But in the teens and 20s, when we started getting more and more cars on the road, the
[13:43.840 --> 13:52.240]  local municipalities discovered that this was a very handy source of revenue.
[13:52.240 --> 13:54.800]  So they didn't really care what the law said.
[13:54.800 --> 13:59.840]  They intended to enforce these laws against everyone because they could make a reasonable
[13:59.840 --> 14:02.400]  argument for it.
[14:02.400 --> 14:06.520]  They could say, well, you know, these people are going to kill each other, we're all a
[14:06.520 --> 14:12.480]  bunch of morons out here, and if we don't have traffic laws, everybody will be out there
[14:12.480 --> 14:15.720]  slaughtering each other on the streets.
[14:15.720 --> 14:23.920]  Well, as I understand in Iran, in Tehran, there are no traffic laws, there are no traffic
[14:23.920 --> 14:32.520]  lights, there's nothing, no stop signs, but there's no more accidents there than there
[14:32.520 --> 14:33.520]  are here.
[14:33.520 --> 14:37.360]  Well, what the heck is with that?
[14:37.360 --> 14:45.920]  Well, if you're in the United States and you operate under the presumption that traffic
[14:45.920 --> 14:53.280]  signs and traffic control devices are controlling, when you have the right of way, you don't
[14:53.280 --> 14:56.280]  even bother to look.
[14:56.280 --> 15:00.960]  There's a commercial on recently about a guy saying he bought a new car and he gets t-boned.
[15:00.960 --> 15:06.640]  Well, he got t-boned because he wasn't paying attention, because he felt like he didn't
[15:06.640 --> 15:12.400]  have to, he came to a green light and he felt like the other person had a red light and
[15:12.400 --> 15:17.320]  that red light would put on the other person's brakes for him, so he didn't bother to look.
[15:17.320 --> 15:24.320]  In Tehran, if you come to an intersection, if you're having a deep conversation with
[15:24.320 --> 15:28.320]  your buddy, you're going to stop for a second and look around and see if anybody's about
[15:28.320 --> 15:29.880]  to kill you.
[15:29.880 --> 15:34.720]  So the argument that we have to have traffic laws is kind of a fallacious argument.
[15:34.720 --> 15:41.200]  The real reason for traffic laws is so that they can tax us.
[15:41.200 --> 15:46.280]  Don't get me wrong, I don't have a problem with traffic laws.
[15:46.280 --> 15:54.960]  I don't have a problem with laws intended to enforce the public safety, but I do have
[15:54.960 --> 16:06.040]  a problem with our municipalities and counties taking laws that were intended to govern one
[16:06.040 --> 16:13.800]  thing and using them to govern something else just because it was administratively convenient.
[16:13.800 --> 16:23.280]  If we want to govern the operation of motorized vehicles on the highways, in commerce or out
[16:23.280 --> 16:30.080]  of commerce, we need to pass laws for that purpose, but not use the ones that were for
[16:30.080 --> 16:35.840]  something else just to collect a lot of money, and I kind of got off topic, but I'll pick
[16:35.840 --> 16:36.840]  back up when I come back.
[16:36.840 --> 16:37.840]  I'm going to open the phones.
[16:37.840 --> 16:40.120]  I'm going to keep them on all night.
[16:40.120 --> 16:48.480]  So if you have a question or comment, give me a call, 912-512-646-1984.
[16:48.480 --> 17:00.720]  Give us a call, we'll be right back.
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[19:28.960 --> 19:36.080]  Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking about
[19:36.080 --> 19:37.080]  due process.
[19:37.080 --> 19:44.960]  If anyone is, okay, if a police officer personally sees or hears an offense being committed,
[19:44.960 --> 19:52.440]  then according to the code now, he can arrest pretty much with impunity.
[19:52.440 --> 20:04.880]  Once a person is arrested, the code actually for some 800 years required that, and I say
[20:04.880 --> 20:15.120]  800 years because I'm referencing the original signing of the Magna Carta 1216, if a police
[20:15.120 --> 20:23.040]  officer arrests a person for any reason, they were to take the person directly to the nearest
[20:23.040 --> 20:32.080]  magistrate because the police officer, while he had authority to make an arrest, he did
[20:32.080 --> 20:36.160]  not have the authority to imprison.
[20:36.160 --> 20:43.120]  That was never intended by our legislature.
[20:43.120 --> 20:47.840]  In Gerstein Pugh, they speak to the fact that they'd prefer all arrests to be made with
[20:47.840 --> 20:57.560]  a warrant, but allowing a police officer to arrest for an on-site offense was a reasonable
[20:57.560 --> 20:59.880]  compromise.
[20:59.880 --> 21:05.320]  And while he could arrest without a warrant and do those things incident to arrest to
[21:05.320 --> 21:13.280]  ensure the safety of the officer and guard against the escape of the accused.
[21:13.280 --> 21:20.400]  Once those goals were accomplished, the authority of the officer to hold the person evaporated.
[21:20.400 --> 21:28.560]  They must get the person before some magistrate for an examining trial or determination of
[21:28.560 --> 21:30.360]  probable cause.
[21:30.360 --> 21:37.320]  An on-site arrest gives the police officer jurisdiction to make the arrest, but only
[21:37.320 --> 21:39.480]  to hold for a short time.
[21:39.480 --> 21:42.880]  He must bring the person before a magistrate.
[21:42.880 --> 21:51.560]  The magistrate under chapter 16 must hold an examining trial, examine into the sufficiency
[21:51.560 --> 21:57.560]  of the allegation, make sure he protects the rights, give him a right to an attorney, a
[21:57.560 --> 22:05.840]  right to make a statement prior to any evidence being presented, the right to be faced by
[22:05.840 --> 22:16.240]  his accuser, and essentially all of those rights specifically protected by the constitution.
[22:16.240 --> 22:24.360]  And then if the magistrate found probable cause, the magistrate under 16.17 was to issue
[22:24.360 --> 22:32.920]  a order stating whether the person was released at their liberty, bound over for trial, released
[22:32.920 --> 22:37.160]  on bail or committed to the jail.
[22:37.160 --> 22:44.120]  And if the person was arrested without a warrant under 16.20, the magistrate was required to
[22:44.120 --> 22:46.360]  prepare a warrant.
[22:46.360 --> 22:52.600]  And then under 17.30 Texas Code of Criminal Procedure, the magistrate was required to
[22:52.600 --> 22:57.120]  seal all those documents in an envelope, cause his name to be written across the seal of
[22:57.120 --> 23:03.880]  the envelope and forward it up to the clerk of the court of jurisdiction.
[23:03.880 --> 23:09.080]  So the policeman had jurisdiction to make the arrest, hold as long as it takes to bring
[23:09.080 --> 23:11.040]  before a magistrate.
[23:11.040 --> 23:16.680]  The magistrate then would hold an examining trial and issue an order and a warrant.
[23:16.680 --> 23:22.320]  The order and the warrant being forwarded to the clerk of the court of jurisdiction
[23:22.320 --> 23:26.880]  would transfer jurisdiction from the magistrate to the trial court.
[23:26.880 --> 23:34.000]  Then the first thing the trial court would do is hold an arraignment hearing.
[23:34.000 --> 23:40.640]  An arraignment is a hearing for the purpose of determining the identity of the accused
[23:40.640 --> 23:42.640]  and taking a plea.
[23:42.640 --> 23:53.640]  Well, the way to do it now is you don't get an examining trial of any kind.
[23:53.640 --> 24:03.680]  If a policeman arrests you for any reason, you will be forced to stand trial without
[24:03.680 --> 24:04.680]  question.
[24:04.680 --> 24:13.000]  Nobody cares, at least in the judicial system as it stands, a policeman can arrest you for
[24:13.000 --> 24:20.880]  anything he wants to and no one will question it, except you maybe.
[24:20.880 --> 24:28.760]  But you can't expect your lawyer to object to it.
[24:28.760 --> 24:36.160]  This goes to a presupposition we have about lawyers, defense counsel.
[24:36.160 --> 24:41.640]  We think our defense counsel is there to protect our rights.
[24:41.640 --> 24:47.280]  For the most part, he's doing no such thing.
[24:47.280 --> 24:50.640]  All lawyers are businessmen.
[24:50.640 --> 24:53.680]  They're entrepreneurs.
[24:53.680 --> 25:00.120]  They run their own companies unless they work for a law firm.
[25:00.120 --> 25:05.920]  And primarily they're in business to make money.
[25:05.920 --> 25:12.800]  Vigorously adjudicating all of your rights is not profitable to lawyers for a couple
[25:12.800 --> 25:13.800]  of reasons.
[25:13.800 --> 25:17.200]  One, it costs them a lot more money.
[25:17.200 --> 25:21.400]  And two, the prosecutor and the judge is not going to be happy with them, it's going to
[25:21.400 --> 25:23.960]  make their life more difficult.
[25:23.960 --> 25:32.280]  Their life is made much easier if they simply act in concert inclusion with the prosecutor
[25:32.280 --> 25:39.600]  in order to force you to take a deal while making sure that nothing gets filed in the
[25:39.600 --> 25:46.680]  court that would give you an opportunity to appeal.
[25:46.680 --> 25:53.600]  That may not be right, but that's how it works in the world I live in and not just Texas,
[25:53.600 --> 25:57.000]  but everywhere else I've been.
[25:57.000 --> 26:04.960]  It goes to the adage that everything's political and all politics is local.
[26:04.960 --> 26:12.960]  Your lawyer is faced with a political situation when he walks into the courthouse.
[26:12.960 --> 26:23.920]  The way to understand how this works is consider playing chess on a four-sided chessboard.
[26:23.920 --> 26:31.720]  You're on one side, your lawyer is on another side to your right, opposing counsel is to
[26:31.720 --> 26:35.880]  your left and the judge is across from you.
[26:35.880 --> 26:44.040]  You have a relationship with your lawyer, but your lawyer has a relationship with the
[26:44.040 --> 26:46.680]  other lawyer and the judge.
[26:46.680 --> 26:54.200]  The judge has a relationship with both lawyers, so both the lawyers and the judge all have
[26:54.200 --> 26:58.680]  relationships with one another that are separate from you.
[26:58.680 --> 27:03.600]  The only one you have a relationship with is your lawyer.
[27:03.600 --> 27:10.600]  If you are going to win your case, you have to understand the politics and how it actually
[27:10.600 --> 27:17.920]  works, the pressures on your lawyer that would prevent him from actively adjudicating your
[27:17.920 --> 27:18.920]  issues.
[27:18.920 --> 27:28.440]  If you listen to this program very often, you'll know we talk about a number of things
[27:28.440 --> 27:37.560]  we can do to change the politics, not just bar grievances and judicial conduct complaints,
[27:37.560 --> 27:41.960]  but the concept of plausible deniability.
[27:41.960 --> 27:48.720]  It is important how you deal with your lawyer.
[27:48.720 --> 27:57.960]  Your lawyer works with the court and the prosecutor to facilitate the efficient adjudication of
[27:57.960 --> 27:58.960]  cases.
[27:58.960 --> 28:05.320]  It's good for the prosecutor, it's good for the judge, and it's good for your lawyer because
[28:05.320 --> 28:08.200]  he doesn't have to spend as much time on each case.
[28:08.200 --> 28:14.960]  I can pretty well get away with that because all the other lawyers do the same thing.
[28:14.960 --> 28:22.320]  Everybody runs things pretty much the same and your lawyer is never going to tell you
[28:22.320 --> 28:24.080]  that he's screwing you.
[28:24.080 --> 28:29.240]  That's the last thing he's going to tell you, and the prosecutor and the judge, they're
[28:29.240 --> 28:32.840]  not going to tell you that your lawyer is screwing you because they don't want you
[28:32.840 --> 28:38.960]  to know because what your lawyers do makes life easier for them.
[28:38.960 --> 28:48.160]  If you are to win your case, you're the one that's going to have to create some politics.
[28:48.160 --> 28:56.560]  Debra talked about a case last night where we got a felony charge dropped, and primarily
[28:56.560 --> 29:07.040]  because we created political pressures that interrupted the relationships or took advantage
[29:07.040 --> 29:16.400]  of the relationships in a way that was not the way they wanted it to happen.
[29:16.400 --> 29:25.360]  The way we got those charges dropped was by setting up defense counsel so that defense
[29:25.360 --> 29:30.800]  counsel was concerned with the malpractice suit against her.
[29:30.800 --> 29:34.200]  So now the politics changes.
[29:34.200 --> 29:42.720]  Now the defense counsel has his own client coming after him.
[29:42.720 --> 29:43.720]  We're about to go to break.
[29:43.720 --> 29:48.280]  This is Randy Kelton, Debra, this is Steve Skidmore, Rue of Law Radio.
[29:48.280 --> 29:54.800]  I'll call at number 512-646-1984, and I apologize, I forgot to turn the phones off.
[29:54.800 --> 29:58.280]  Okay, give us a call, we'll be right back.
[29:58.280 --> 30:03.880]  Pain in the neck, it's ginger to the rescue.
[30:03.880 --> 30:08.000]  The same herb that puts a zing in your tea and the snap in your ginger snaps can actually
[30:08.000 --> 30:10.040]  zap your painful muscle aches too.
[30:10.040 --> 30:14.040]  I'm Dr. Catherine Albrecht, and I'll be back in a moment to tell you more.
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[30:43.840 --> 30:46.280]  Got a nagging ache that just won't go away?
[30:46.280 --> 30:48.280]  You might go ahead for the produce aisle.
[30:48.280 --> 30:54.040]  Ginger, the herb used in gingerbread cookies and Indian curry, can also put an end to pain.
[30:54.040 --> 30:58.480]  Medical studies show ginger relieves pain and inflammation like aspirin and ibuprofen do,
[30:58.480 --> 31:00.640]  but without the worrisome side effects.
[31:00.640 --> 31:05.280]  Big Pharma remedies can trigger stomach upset, gastrointestinal bleeding, and ulcers.
[31:05.280 --> 31:06.280]  Ginger?
[31:06.280 --> 31:08.080]  Well, it just tastes great.
[31:08.080 --> 31:12.360]  Researchers say one or two teaspoons of ginger daily, raw or heated, can provide natural
[31:12.360 --> 31:14.760]  relief for even the deep pain of osteoarthritis.
[31:14.760 --> 31:18.280]  So put down the aspirin bottle and reach for the ginger.
[31:18.280 --> 31:20.960]  It's natural, it's delicious, and it works wonders.
[31:20.960 --> 31:23.120]  I'm Dr. Catherine Albrecht.
[31:23.120 --> 31:26.120]  More news and information at CatherineAlbrecht.com.
[31:26.120 --> 31:35.840]  We want to thank all our listeners who contributed to making the Logos Radio Network fundraiser
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[31:37.200 --> 31:39.160]  Your support got us close to reaching our goal.
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[31:43.600 --> 31:47.400]  to enter into the drawing for the GLOP 42 and the CHL classes.
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[32:02.600 --> 32:05.440]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:05.440 --> 32:09.240]  In today's America, we live in an us-against-them society, and if we the people are ever going
[32:09.240 --> 32:13.200]  to have a free society, then we're going to have to stand and defend our own rights.
[32:13.200 --> 32:16.400]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.400 --> 32:20.440]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.440 --> 32:24.280]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.280 --> 32:25.680]  our rights through due process.
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[32:29.640 --> 32:33.440]  most comprehensive teaching tool available that will help you understand what due process
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[32:58.640 --> 33:05.640]  You're listening to the Logos Radio Network at LogosRadioNetwork.com
[33:28.640 --> 33:45.680]  Okay, we are back, Randy Kelton and Steve Skidmore on the 6th of February 2015, and
[33:45.680 --> 33:52.800]  I was talking about due process but I'm trying to develop some presentations and here I find
[33:52.800 --> 33:56.000]  myself kind of floating around and I'm frustrated.
[33:56.000 --> 34:03.360]  I need a good, I need to build presentations like preachers build sermons so that I go
[34:03.360 --> 34:04.360]  to all the facts.
[34:04.360 --> 34:11.920]  I wanted to lead up to politics because in the end everything's political but I kind
[34:11.920 --> 34:15.240]  of lost my thread there.
[34:15.240 --> 34:23.920]  I need Steve Skidmore here to kick me in the pants but it has become evident over time
[34:23.920 --> 34:35.480]  in looking at this that the primary issue when we go to a civil, a criminal trial is
[34:35.480 --> 34:36.480]  not the law.
[34:36.480 --> 34:39.560]  The law has very little to do with it.
[34:39.560 --> 34:46.560]  The law is just the way they kind of, they use that way to structure the play they're
[34:46.560 --> 34:51.400]  putting on but in the end they don't care about the law.
[34:51.400 --> 34:57.360]  They care about the efficient adjudication of cases.
[34:57.360 --> 35:06.800]  Prosecutors while they may care about doing the right thing and the rule of law, the reality
[35:06.800 --> 35:14.600]  they have to live with every day is they've got a large stack of cases they have to plow
[35:14.600 --> 35:15.600]  through.
[35:15.600 --> 35:23.320]  And because we've forced everybody into a situation where they have to take a deal,
[35:23.320 --> 35:30.320]  we've been able to adjudicate more cases much more quickly so the prosecutors have not been
[35:30.320 --> 35:37.640]  allowed or allocated the resources they need to trial these cases.
[35:37.640 --> 35:46.880]  So it is extremely important to the prosecutor that he get a deal and when I talk to people
[35:46.880 --> 35:55.400]  about a criminal prosecution the first thing I tell them is don't take the deal, at least
[35:55.400 --> 35:56.400]  not right away.
[35:56.400 --> 36:04.480]  I mean we're playing that part of what we're doing is poker, it's not chess.
[36:04.480 --> 36:11.280]  They're going to come and make you an offer, what they will do is stack the charges and
[36:11.280 --> 36:19.040]  charge you with the most serious thing they can imagine establishing just one element
[36:19.040 --> 36:28.200]  for because they want to hold that over your head, rattle it like a saber and so that when
[36:28.200 --> 36:36.040]  they come to you with what you actually should have been charged with and offer you that
[36:36.040 --> 36:41.880]  in an alternative to what they could never prove in a thousand years but they can threaten
[36:41.880 --> 36:53.520]  you with, then you'll accept the deal and feel like you came out on top, nonsense.
[36:53.520 --> 37:01.240]  Don't take the first offer, squeeze them and the story we talked about last night that's
[37:01.240 --> 37:08.560]  exactly what happened, they just refused to deal with them and another thing you have
[37:08.560 --> 37:20.280]  to be careful with is be careful not just what you say to a prosecutor or a member of
[37:20.280 --> 37:32.400]  the prosecutorial team, police, child protective services, victim services, they're all a part
[37:32.400 --> 37:35.960]  of the prosecutorial team.
[37:35.960 --> 37:41.720]  Be extremely careful of when and where you talk to them.
[37:41.720 --> 37:49.620]  I make it a practice we never go into a private office to talk to a prosecutor or a police
[37:49.620 --> 37:52.440]  officer or any of those guys.
[37:52.440 --> 38:03.480]  They will lie like dogs and this is not something I'm making up, this is something I experienced.
[38:03.480 --> 38:09.520]  They get you alone where you don't have witnesses and they will make up any story they want
[38:09.520 --> 38:19.680]  to and no matter what they make up, the courts will absolutely protect them.
[38:19.680 --> 38:27.280]  The courts used to not like being lied to, now they want to be lied to, unless of course
[38:27.280 --> 38:33.480]  it's the accused and if you say one thing they can construe is untrue, they're going
[38:33.480 --> 38:38.440]  to charge you with that, they've stacked the deck and done everything they can to force
[38:38.440 --> 38:43.160]  you to take a deal so the judge can rush through his docket and then go out and play golf the
[38:43.160 --> 38:50.840]  rest of the day and if a defense counsel screws that up, the judge is not going to be happy
[38:50.840 --> 38:52.600]  with him.
[38:52.600 --> 39:04.320]  I once sued the county of Denton for $11 million, I sued 24 litigants, I talked to 60 lawyers,
[39:04.320 --> 39:11.480]  the last one was Jerry Cobb, he was the district attorney prior to the current district attorney
[39:11.480 --> 39:14.400]  which was Bruce Isaacs.
[39:14.400 --> 39:18.640]  I called him up, I said, hello Jerry, my name is Randy Kelton and I have sued Denton County
[39:18.640 --> 39:24.320]  and I need a lawyer to represent me, oh Mr. Kelton I know all about your suit, I can't
[39:24.320 --> 39:30.800]  represent you, you've made allegations against judges in there and I have to represent clients
[39:30.800 --> 39:31.800]  in this county.
[39:31.800 --> 39:37.760]  I said, what's the matter Jerry, you're afraid those judges will screw your next client to
[39:37.760 --> 39:40.680]  get back at you?
[39:40.680 --> 39:48.520]  He said the same thing every other lawyer had told me, you darn right they will.
[39:48.520 --> 39:55.000]  Now I don't know if that's true or not, but I do know that every lawyer I talked to believed
[39:55.000 --> 40:01.120]  it was true, so it doesn't make any difference if it's true or not, the lawyers are going
[40:01.120 --> 40:09.760]  to act as if it is true and they're not going to risk anything that would cause the judge
[40:09.760 --> 40:13.960]  to be upset at them because they're professionals, you're not the only person they're going to
[40:13.960 --> 40:20.600]  bring before this court, they're going to be bringing people in here every day for years
[40:20.600 --> 40:26.960]  after you're gone and the last thing the lawyer wants to do is get the court upset at him
[40:26.960 --> 40:35.000]  because while the judges can potentially be held liable for what they do to you because
[40:35.000 --> 40:41.760]  we have due process rights, when it comes to the lawyer the judge can do anything to
[40:41.760 --> 40:51.080]  him he wants to, he can end that lawyer's career with absolute caprice just on a whim,
[40:51.080 --> 40:58.480]  the lawyer's terrified of these judges and I doubt that a single lawyer went all spent
[40:58.480 --> 41:05.680]  six years in law school and $180,000 to $200,000 in student loans so that they could get out
[41:05.680 --> 41:11.680]  in the real world and spend the rest of their professional career kissing some arrogant
[41:11.680 --> 41:20.440]  judges behinds, but that's what the case is, that's what they run into when they get out
[41:20.440 --> 41:26.520]  here in the real world, yeah I know they watch Perry Mason and Law and Order and all these
[41:26.520 --> 41:30.920]  other things where all these lawyers come in there and vigorously adjudicate for their
[41:30.920 --> 41:38.000]  clients not in the world you and I live in, maybe on TV and in the movies but in the world
[41:38.000 --> 41:43.760]  you and I live in it's a foresighted chess board.
[41:43.760 --> 41:54.120]  So in order to get your lawyer to work in your behalf you need to be able to give the
[41:54.120 --> 42:02.160]  lawyer plausible deniability and the way we do that is understand the position of the
[42:02.160 --> 42:09.360]  lawyer and the pressures that are acting on him primarily the one thing people need to
[42:09.360 --> 42:16.280]  understand is when you hire a lawyer he's under contract and first time you do something
[42:16.280 --> 42:21.880]  the lawyer doesn't like he's just going to walk away well hold on Bubba we got ourselves
[42:21.880 --> 42:32.560]  a contract here when last time I was in on trial in Boston for when the Secretary of
[42:32.560 --> 42:40.400]  State was Steve the guards at the Capitol building the sergeant down there knocked one
[42:40.400 --> 42:48.120]  of my teeth out and then they charged me to cover up what he did my lawyer they appointed
[42:48.120 --> 42:53.480]  me a lawyer even though I didn't ask for one he started telling me how things were going
[42:53.480 --> 42:58.080]  to go and I said no no that's not how they're going to go well then Mr. Cowan just how are
[42:58.080 --> 43:02.280]  they going to go and this is how they're going to go you're going to go to the judge and
[43:02.280 --> 43:06.760]  ask the judge to be removed from this case and I'm going to go to the judge and tell
[43:06.760 --> 43:11.080]  him don't you dare remove him from this case and the judge is going to remove you he said
[43:11.080 --> 43:16.680]  well if I asked to be removed he would I said yeah he will and then I get to sue the judge
[43:16.680 --> 43:21.520]  for interfering with private contract and the lawyer said well Mr. Cowan I'm not under
[43:21.520 --> 43:26.040]  contract with you I'm under contract to the state yes you are but I'm the intended third
[43:26.040 --> 43:33.720]  party beneficiary and I have a standing to adjudicate the contract and the lawyer set
[43:33.720 --> 43:41.080]  back and had this look in his eyes that said he's going to give me this board if you're
[43:41.080 --> 43:46.280]  going to get your lawyer to do this job you got to give him a possibility he don't have
[43:46.280 --> 43:51.160]  to like it I'm going we got a bunch of callers calling in so I'm going to stop this for tonight
[43:51.160 --> 43:55.520]  and when we come back I'm going to go to callers Jimmy Sonny Leslie I see you there he will
[43:55.520 --> 44:06.840]  be right back hello my name is Stuart Smith from NaturesPureOrganics.com and I would like
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[44:43.080 --> 45:01.280]  don't forget to like us on Facebook for information on events and our products NaturesPureOrganics.com
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[45:57.600 --> 46:26.520]  866-LAW-EZ okay we are back Randy Kelton Steve Skidmore
[46:26.520 --> 46:33.880]  rule of law radio and before I go to Jimmy and Marilyn just quickly about plausible deniability
[46:33.880 --> 46:41.320]  the whole key to winning your case is giving your lawyer plausible deniability in my case
[46:41.320 --> 46:47.560]  the one I spoke about I had filed some due process motions and I told my lawyer that
[46:47.560 --> 46:55.800]  I had filed a couple motions in the court and with 19 due process violations in there
[46:55.800 --> 47:02.560]  you will adequately adjudicate every single one of them you fail to adjudicate a single
[47:02.560 --> 47:12.080]  one and I'll bar grieve you and the lawyer said Mr. Kelton you would grieve me in a heartbeat
[47:12.080 --> 47:17.360]  well now it's his first year in practice one bar grievance they're going to cancel his
[47:17.360 --> 47:22.400]  malpractice insurance you won't be able to practice so he is terrified I bet he told
[47:22.400 --> 47:31.680]  me 15 times if he told me once you're going to compete this board and I pulled a shenanigan
[47:31.680 --> 47:37.960]  in front of the judge where I ordered the my attorney to take my criminal complaints
[47:37.960 --> 47:43.760]  about 30 of them and present them to the court and he refused to touch them and I told him
[47:43.760 --> 47:51.000]  take him you chicken right in front of the judge and that was given him plausible deniability
[47:51.000 --> 47:57.440]  when I left we went left for lunch they dismissed the case while we're at lunch specifically
[47:57.440 --> 48:03.320]  to protect my lawyer from me and for the most part that's the only way you're going to win
[48:03.320 --> 48:12.080]  a criminal case at least in Texas is you have to get your lawyer to go to the judge and
[48:12.080 --> 48:21.000]  the prosecutor with whom he your lawyer has a relationship outside your relationship and
[48:21.000 --> 48:26.520]  use that relationship to get you a dismissal and the only way to get that is to give the
[48:26.520 --> 48:34.040]  lawyer plausible deniability sorry I have to do this but he's going to kick my behind
[48:34.040 --> 48:38.940]  I helped you out on these others you got to help me out on this one that's how both these
[48:38.940 --> 48:45.760]  cases got dismissed we're going to go to Jimmy in Maryland hello Jimmy what do you have for
[48:45.760 --> 48:53.360]  us tonight yeah Randy I tell you I'm really enjoying what you're saying and I just finished
[48:53.360 --> 49:01.720]  it I said that's another thought today I had a motion hearing and it's just a traffic case
[49:01.720 --> 49:07.680]  and I filed a motion to squash the complaint because they didn't have my true name they
[49:07.680 --> 49:11.320]  didn't have my true name my true date of birth and I'm using a they're using a different
[49:11.320 --> 49:18.440]  soundex because I don't have a license I rescinded in some years ago and I also filed a motion
[49:18.440 --> 49:22.840]  to suppress there's no criminal suspicion existed when officers stopped me you know
[49:22.840 --> 49:28.920]  I was stopped for blowing headlight and it's going to be driving on my license okay hold
[49:28.920 --> 49:38.800]  on hold on what does the code in Maryland say about lamps lighted to the front about
[49:38.800 --> 49:47.080]  lamps lighted to the front yes let me tell you why I'm saying this I was once put in
[49:47.080 --> 49:52.120]  jail all night for driving with a headlight out and I checked the code and the code said
[49:52.120 --> 49:58.640]  you must have at least two lamps lighted to the front one of which must be white and the
[49:58.640 --> 50:08.280]  reason it was written that way is so it would encompass motorcycles as well as automobiles
[50:08.280 --> 50:12.880]  must be at least one must be white you must be able to recognize a person 500 feet on
[50:12.880 --> 50:17.600]  low beams thousand feet on high beams while I was driving a truck and I had 13 lamps lighted
[50:17.600 --> 50:27.560]  to the front could you tell that your headlight was out no yeah see that okay that goes to
[50:27.560 --> 50:36.320]  you don't commit all crimes are thought crimes okay you understand what that means yeah you
[50:36.320 --> 50:41.120]  saying that they have to provide something for the not only for the car but for the motorcycle
[50:41.120 --> 50:47.320]  so they combine everything into all crimes are thought crimes because they go to mens
[50:47.320 --> 50:57.240]  rea criminal intent if you're driving and a headlight goes out you do not automatically
[50:57.240 --> 51:03.920]  become a criminal right unless you know that headlights out and you intended to drive that
[51:03.920 --> 51:10.760]  vehicle with a headlight out right so it all goes to intent anyway okay I interrupted go
[51:10.760 --> 51:14.720]  ahead no no no that's okay because we I did talk about I did talk about intent in the
[51:14.720 --> 51:21.040]  complaint that the complaint so no you know like intent and and he's and he's you know
[51:21.040 --> 51:25.480]  basically I'm talking to the judge the prosecutor said oh they're not saying a word it just
[51:25.480 --> 51:31.080]  means the judge going toe-to-toe on issues and he's and he's kind of making us saying
[51:31.080 --> 51:35.880]  that he's going you know he's he's saying so okay so he's saying like he's not a crime
[51:35.880 --> 51:41.360]  you know to round here like that officer does have had the right to plead for a violation
[51:41.360 --> 51:45.480]  and then he's talking about well well okay he's saying that I'm I'm going to ride that
[51:45.480 --> 51:50.240]  or I'm going to have a headlight on a crime but it is no injury party but I can what if
[51:50.240 --> 51:55.360]  what if somebody had a suitcase of drugs and was trying to be not a crime to have a drug
[51:55.360 --> 51:59.800]  and there's no injury party and he's trying I'm saying but sure that has nothing to do
[51:59.800 --> 52:04.920]  what I'm talking about not the same thing it's interesting how he is trying to be okay
[52:04.920 --> 52:12.600]  hold on the judge is right that the officer on observing you operating the vehicle with
[52:12.600 --> 52:19.040]  a headlight out he didn't know that you didn't know so he had a reasonable probable cause
[52:19.040 --> 52:27.640]  to believe now that's enough to cite you but that's not enough to convict you so he's
[52:27.640 --> 52:34.020]  right that the officer could issue the citation but what he's implying is is if the officer
[52:34.020 --> 52:41.880]  had cause to issue the citation you're necessarily guilty no no no now the prosecutor has to
[52:41.880 --> 52:50.880]  prove mens rea and that they don't have okay well well I'm seeing they're still getting
[52:50.880 --> 52:59.060]  around because I I gave him a brown versus texas goodie versus maryland delver's is
[52:59.060 --> 53:04.440]  frosted by my reasonable you know expectation of privacy that I had when I'm on the road
[53:04.440 --> 53:10.080]  and it and and I thought I said when the criminal suspicion must exist at thomas pop you know
[53:10.080 --> 53:16.280]  muscle requirement is not an option but it seemed like they just you know is it is interesting
[53:16.280 --> 53:23.800]  to me that it's all it's all about the money they don't care what the law says this is
[53:23.800 --> 53:33.800]  a traffic case so in order to hold on in order to really fight this thing it's going to cost
[53:33.800 --> 53:45.880]  you so much money that 99.99 percent of all the people will never fight these guys so
[53:45.880 --> 53:52.520]  they're kind of like debt collectors they're doing all this stuff that's illegal and they
[53:52.520 --> 53:58.280]  know it's illegal but it makes them a lot of money and then when somebody comes in there
[53:58.280 --> 54:05.800]  with the law showing how it's illegal the last thing they want to happen is for all
[54:05.800 --> 54:10.680]  of their marks to figure out that you can actually fight these cases because we do that
[54:10.680 --> 54:18.960]  these people stop sending in their checks so do not expect to win in the trial court
[54:18.960 --> 54:23.600]  well that's what i'm that's that's going to be the problem because he's already threatening
[54:23.600 --> 54:28.160]  i'm back at well one charge is like a match for two years i think it's two charges matched
[54:28.160 --> 54:36.240]  with two years one is one year and one is 500 okay what hold on hold on that who threatened
[54:36.240 --> 54:44.240]  what okay i was you know cited for for driving on suspended license driving with revoked
[54:44.240 --> 54:50.960]  license uh driving without a license uh without authorization and i came in with the four
[54:50.960 --> 54:56.240]  from others it's four four was foresight patient he was going over that and and you know like he
[54:56.240 --> 55:00.560]  really looked like he was begging and pleading me to you know like he was like he was saying
[55:01.280 --> 55:08.480]  to get some type of uh lawyer but of course he wants you to get a lawyer because he can control
[55:08.480 --> 55:16.080]  your lawyer yeah if you're going to win the traffic case you have to create yourself some politics
[55:19.760 --> 55:27.040]  and it's not it's not straightforward for the most part you need to set them up
[55:30.400 --> 55:34.960]  the judge has a duty to determine the facts in accordance with the rules of evidence
[55:34.960 --> 55:42.880]  then apply the law as it comes to him to the facts in the case if he fails to apply the law
[55:43.920 --> 55:49.280]  then you file criminally against it you file a judicial conduct complaint against it
[55:50.080 --> 55:54.480]  what about what about a written mandamus well i couldn't understand you have to speak
[55:54.480 --> 56:00.240]  really you're talking faster than i can listen i was i was saying about uh filing a written mandamus
[56:00.240 --> 56:08.560]  a written mandamus what are you asking the higher court to mandate that the lower court do
[56:10.080 --> 56:14.080]  that um my my motions that i filed that he denied it i was going to
[56:14.960 --> 56:22.480]  have them you know argue about criminal suspicion you can't you can't do that that way the the
[56:22.480 --> 56:35.440]  appeals court will assume that the trial court acted in accordance with law and they won't
[56:35.440 --> 56:43.200]  interfere with the trial court in progress unless the judge has done something extra judicial
[56:43.200 --> 56:52.240]  or failed to perform a duty he's required to perform if the judge renders a ruling on
[56:53.360 --> 57:01.120]  a facts-based issue before the court the judge will the appeals court will not or the higher court
[57:01.120 --> 57:08.160]  will not interfere with that that's something you must address on appeal okay
[57:08.160 --> 57:16.160]  okay okay what'd you say well it's like you know if they hold you in jail beyond
[57:16.720 --> 57:21.040]  say you know in texas you can only hold somebody 180 days if they don't post bond
[57:23.600 --> 57:28.880]  you're supposed to release them they don't but if you've been in jail for 180 days you haven't been
[57:28.880 --> 57:36.480]  released the remedy is a writ of mandamus okay order the judge to do something that he's required
[57:36.480 --> 57:42.160]  to do but but they won't interfere with the judicial determinations the judge makes
[57:48.800 --> 57:51.440]  okay is that clear does that make sense
[57:54.880 --> 58:01.440]  most of this you you just walk through it and and set the record for appeal let them do what
[58:01.440 --> 58:06.480]  they're going to do and then just throw the next thing at them let them do it don't worry about it
[58:06.480 --> 58:08.880]  you're not going to win it there who you'll win it's on appeal
[58:13.920 --> 58:20.240]  okay this is randy kelton steve skidmore we have our radio our call-in number five one two six four
[58:20.240 --> 58:26.960]  six nineteen eighty four give us a call we'll keep the phone lines open all night and this is long
[58:26.960 --> 58:34.720]  break so uh go by our sponsor our logos radio network page and look over our sponsors and if
[58:34.720 --> 58:41.520]  they have anything you can use we'd appreciate your uh buying from our sponsors help us support
[58:41.520 --> 58:52.720]  this radio station so help us out we'll be right back would you like to make more definite progress
[58:52.720 --> 58:58.960]  in your walk with god bibles for america is offering a free study bible and a set of free
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[59:32.400 --> 59:45.120]  of the christian life call bibles for america toll free at 888-551-0102 that's 888-551-0102
[59:45.120 --> 59:55.280]  or visit us online at bfa.org live free speech radio logos radio network.com
[01:00:03.040 --> 01:00:07.040]  this is the liberty beat your daily source for liberty news and activist updates
[01:00:07.040 --> 01:00:13.440]  online at the liberty beat.com i'm brian hagen with your liberty beat for friday february 6 2015
[01:00:13.440 --> 01:00:20.800]  gold is trading at 1264 silver 17 dollars and 22 cents and bitcoin around 218 dollars today's
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[01:00:52.880 --> 01:00:58.560]  to learn more about food security in a time of crisis in the news the transportation security
[01:00:58.560 --> 01:01:03.040]  administration the philadelphia police department and the department of homeland security are being
[01:01:03.040 --> 01:01:09.360]  sued after arresting a man on false charges and lying about the facts in court in 2013
[01:01:09.360 --> 01:01:14.800]  roger van der kloek was stopped and questioned by tsa workers over power bar snacks and a watch in
[01:01:14.800 --> 01:01:21.040]  his bag van der kloek says there was a misunderstanding between him and the tsa after his bag was cleared of
[01:01:21.040 --> 01:01:26.320]  hazardous materials he asked to file a complaint instead he was put into a holding area and the
[01:01:26.320 --> 01:01:30.720]  philadelphia police were called he was arrested and charged with threatening the placement of a
[01:01:30.720 --> 01:01:36.640]  bomb and making terroristic threats at his trial a tsa supervisor claimed van der kloek was getting
[01:01:36.640 --> 01:01:42.080]  agitated waving his hands in the air and threatened to bring a bomb through security however surveillance
[01:01:42.080 --> 01:01:47.840]  video proved the supervisor was lying and van der kloek was acquitted he's now suing the agencies
[01:01:47.840 --> 01:01:55.600]  for their participation in depriving him of his liberty a new reward from the american civil
[01:01:55.600 --> 01:02:00.240]  liberties union of north carolina has found that more than 70 north carolina law enforcement
[01:02:00.240 --> 01:02:05.040]  agencies use surveillance tools including automatic license plate readers and cell site
[01:02:05.040 --> 01:02:11.120]  simulators known as stingrays the acl unc and former state senator and criminal defense attorney
[01:02:11.120 --> 01:02:15.840]  tom gulsby held a briefing on the growing surveillance and privacy issues in response
[01:02:15.840 --> 01:02:21.040]  to the growth of surveillance tools focusing on domestic communications the acl unc is supporting
[01:02:21.040 --> 01:02:26.880]  legislation which would require the police to get a warrant for gathering digital data no liberty
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[01:02:50.080 --> 01:02:56.640]  dot com this is the liberty beat for friday february 6 2015 check out the website at the
[01:02:56.640 --> 01:03:05.040]  libertybeat.com
[01:03:56.640 --> 01:04:05.040]  fighting
[01:04:15.040 --> 01:04:22.080]  called in on his cell phone hello mr skidmore hello mr kelton yeah i was just calling in i
[01:04:22.080 --> 01:04:27.680]  was hoping to robert but uh i was just calling in to let you know that i'm about uh 10 15 minutes
[01:04:27.680 --> 01:04:35.520]  out and i'll be on the air when i get there okay thank you sieve okay okay we are talking to jimmy
[01:04:35.520 --> 01:04:43.040]  in maryland okay jimmy yes you were going to explain something but speak a little slower
[01:04:43.040 --> 01:04:50.160]  and more clearly i'm having a little trouble understanding you okay i'll try um i'm a prior
[01:04:50.160 --> 01:04:54.640]  offender so it's worse because i've already got a case that's in as a praying court right now
[01:04:55.680 --> 01:05:00.320]  um so i guess they're going after me more harder now because i'm a prior offender
[01:05:01.040 --> 01:05:09.440]  and in this issue of suspending license even though my license is resent and i think i told
[01:05:09.440 --> 01:05:16.720]  you and um steve a few weeks ago that i i had a case back in 2000 when i explained to the judge
[01:05:16.720 --> 01:05:22.800]  that the you know the license no avoid when it was resent and he agreed and i was found not guilty
[01:05:23.440 --> 01:05:30.720]  then and young guys i have a i have a good uh double jeopardy uh claim and also probably
[01:05:30.720 --> 01:05:37.200]  red jerk collar because this judges in 2000 that was years ago when you ruled that not get suspended
[01:05:37.200 --> 01:05:44.080]  license so so all this thing they're bringing up is um is evidence that they that you know that
[01:05:44.080 --> 01:05:50.800]  that they use the same evidence to convict me that i found that guilty of back in 2000
[01:05:51.520 --> 01:05:59.520]  so and the law is essentially the same 95 yeah yeah basically the same the same charge to that
[01:05:59.520 --> 01:06:07.040]  i didn't pay something 94 95 but i the argument the argument here is is that you acted in good
[01:06:07.040 --> 01:06:14.880]  faith reliance on competent authority that you made the argument over the same issue in court
[01:06:14.880 --> 01:06:21.360]  you are exactly right uh double jeopardy not jeopardy double jeopardy res judicata
[01:06:22.960 --> 01:06:29.280]  is this issue this exact issue has already been adjudicated and you were found not guilty
[01:06:29.280 --> 01:06:38.800]  so you drove in good faith reliance on that court ruling that should be a really good argument
[01:06:40.880 --> 01:06:46.720]  okay that's what that's what i'll come in and that's what i i i when i did my um i did a motion for
[01:06:46.720 --> 01:06:53.520]  reconsideration of rehearing in in the supreme court uh just last night so that you know 25 days
[01:06:53.520 --> 01:06:59.520]  will be denied on the 12th of january that's what they're okay hold on you're in maryland hit that
[01:07:00.880 --> 01:07:08.800]  what how are the courts structured because in in texas the supreme court would be the highest court
[01:07:09.840 --> 01:07:15.520]  in texas it would happen to be civil the highest court criminal is court of criminal appeals but
[01:07:15.520 --> 01:07:20.880]  the highest court civil is supreme court in the fed the highest court is supreme court is it the
[01:07:20.880 --> 01:07:27.760]  same in maryland or is it like new york where the lowest court supreme no in in maryland you have
[01:07:27.760 --> 01:07:33.600]  the highest court in maryland is the court of appeals you have you have the district court
[01:07:34.240 --> 01:07:40.400]  the circuit court the court of special appeals and then the court of appeals and that court of
[01:07:40.400 --> 01:07:49.120]  appeals you have to go to the u.s supreme court okay so you said okay you said supreme
[01:07:49.120 --> 01:07:57.520]  or did i misunderstand u.s supreme court no no you said before that you're you're okay where are
[01:07:57.520 --> 01:08:05.120]  you at with your where will your case go from here to appeal okay i'm in the circuit court now with
[01:08:05.120 --> 01:08:10.480]  this case the next step would be the court of special appeal then after the court of special
[01:08:10.480 --> 01:08:14.880]  appeals you got the court of appeal which is the highest court in maryland okay okay so you're
[01:08:14.880 --> 01:08:21.120]  pretty high up didn't you the higher the higher up you get the more likely you are to get a good
[01:08:21.120 --> 01:08:29.440]  ruling and the issue you're bringing has nothing to do with traffic right and that's that's what
[01:08:29.440 --> 01:08:36.560]  makes it more interesting and could make it harder for the higher court to make bad law
[01:08:36.560 --> 01:08:46.640]  law if they rule against you then you've made a good argument then they've set precedent for bad law
[01:08:48.960 --> 01:08:52.560]  okay so i could you know i could go back in it because i filed it
[01:08:52.560 --> 01:08:58.960]  uh last night i could go back and amend my motion for reconsideration re-hearing and ask something
[01:08:58.960 --> 01:09:03.360]  you said about me arriving in good faith independent on this room i could have that in there also
[01:09:03.360 --> 01:09:08.480]  and also i'm thinking about the uh two to the point of the street and you're talking too fast
[01:09:08.480 --> 01:09:12.480]  and you're getting some breaking up in your mic can you move your mic a little bit away from your
[01:09:12.480 --> 01:09:25.600]  mouth okay go ahead okay i was in my um in my motion it was three things i brought up one was
[01:09:25.600 --> 01:09:31.600]  the double jeffrey redger column and that the court ruled arbitrarily and capriciously
[01:09:31.600 --> 01:09:40.000]  that i i brought up okay double jeopardy won't apply because it's unless it's are okay how are
[01:09:40.000 --> 01:09:48.240]  you going to double jeopardy have you been have you been found not guilty in this particular case
[01:09:49.440 --> 01:09:53.040]  i got found not guilty for suspect for driving on suspended license in 2000
[01:09:53.760 --> 01:10:00.160]  okay this is yeah but this was a different alleged offense so double jeopardy won't apply
[01:10:00.160 --> 01:10:07.360]  unless you've been tried in this case and found not guilty double jeopardy want to apply if you've
[01:10:07.360 --> 01:10:16.160]  been tried in another case that is similar what the courts are going to say they are not the same
[01:10:16.160 --> 01:10:23.840]  case and the the facts may be different in this case so the state has a right to adjudicate it
[01:10:23.840 --> 01:10:31.920]  and that one you won't get and that the court ruled arbitrarily and capriciously
[01:10:33.040 --> 01:10:38.720]  that's something you have to stipulate you can't just say arbitrarily and capriciously
[01:10:39.680 --> 01:10:48.560]  what you can say is is that the court failed to apply the law to the facts in this manner
[01:10:48.560 --> 01:10:55.120]  these were the facts these were that this was the law the court failed to apply the law to the facts
[01:10:57.120 --> 01:11:02.560]  if you didn't did you support arbitrarily and capriciously with facts and law
[01:11:04.000 --> 01:11:08.320]  yes i used uh i think it was title five of the usd code
[01:11:08.880 --> 01:11:15.120]  okay then they can't rule on arbitrarily and capriciously what they can rule on this specific
[01:11:15.120 --> 01:11:24.240]  rule on this specific is are the specific issues that you brought and what were they
[01:11:27.440 --> 01:11:36.080]  um what i'm saying this is the same evidence that was used in 2000 the same oh oh okay okay
[01:11:36.080 --> 01:11:43.200]  now i understand you're saying that this is actually one issue before the court is uh yeah
[01:11:43.200 --> 01:11:49.520]  res judicata yeah yes and and the judge acted arbitrarily and capriciously in
[01:11:50.400 --> 01:12:01.040]  in denying you the right to the res judicata yeah oh okay i got it it was finally the same exact
[01:12:01.040 --> 01:12:07.280]  evidence i had a hearing in 2000 where he ruled okay not guilty he's going to bring up 94 and 95
[01:12:07.280 --> 01:12:14.960]  stuff okay still okay what i'm getting to the only real issue here is uh res judicata
[01:12:18.880 --> 01:12:23.120]  okay arbitrarily and capriciously is not an issue that can come before the appeals court
[01:12:24.640 --> 01:12:28.800]  the res judicata is the only one that actually does a double jeopardy they'll
[01:12:28.800 --> 01:12:32.560]  they'll toss that one you can be sure because they got fact base that allows them to
[01:12:32.560 --> 01:12:37.520]  okay and what about um the food of the poisonous tree
[01:12:39.840 --> 01:12:42.240]  wait and you spoke that too fast
[01:12:43.920 --> 01:12:46.480]  fruit of the poison tree doctrine
[01:12:46.480 --> 01:13:00.480]  right how did the uh police officer or prosecutor illegally procure evidence
[01:13:06.320 --> 01:13:14.400]  okay my name is not right on the citation that's already been uh well adjudicated
[01:13:14.400 --> 01:13:22.960]  uh that goes to nuns pro tonk if you were sufficiently identified such that you appeared
[01:13:22.960 --> 01:13:32.960]  in court that's good enough they're not going to deny either litigant uh access to the courts over
[01:13:32.960 --> 01:13:45.840]  a minor correctable issue okay if you if you sued somebody and you got an e where there should have
[01:13:45.840 --> 01:13:55.600]  been an i or an a they're not going to deny your remedy over a technical minor error and the same
[01:13:55.600 --> 01:14:00.880]  thing goes for the prosecutor he's not going to be denied remedy for a minor correction
[01:14:00.880 --> 01:14:07.360]  remedy for a minor correctable error now there are some errors that can't be corrected there
[01:14:07.360 --> 01:14:14.160]  are certain errors in the charging instrument that cannot be corrected but typos and such like that
[01:14:15.920 --> 01:14:24.160]  unless the name is completely different and it isn't clear to the reasonable person of ordinary
[01:14:24.160 --> 01:14:32.720]  prudence that you were the person intended in the complaint i mean if they had a completely
[01:14:32.720 --> 01:14:39.760]  different name then that would be an issue okay go ahead randy this is this is it randy the sound
[01:14:39.760 --> 01:14:49.680]  dex the sound dex is not my sound dex if they use it to fight me with sound dex yes in maryland
[01:14:49.680 --> 01:14:54.880]  in some states they have what's called a sound dex number they use in lieu of a driver's license number
[01:14:59.360 --> 01:15:01.760]  okay so okay whatever okay this is a
[01:15:04.400 --> 01:15:13.440]  okay i'm not sure what a sound dex is they use that to like take your name your date of birth
[01:15:13.440 --> 01:15:17.680]  and somehow they manipulate that together and that's how they call for number to cite you upon
[01:15:17.680 --> 01:15:22.800]  a citation when you don't have a driver's license but it can't find you in the system oh
[01:15:25.440 --> 01:15:31.680]  so so this is something they compiled yes you can chat online i saw the rules on how they do
[01:15:31.680 --> 01:15:35.040]  sound dex numbers are you say they didn't compile it right
[01:15:37.680 --> 01:15:44.960]  no the driver's license that i submitted and that we sent in back in 98 is not the same
[01:15:44.960 --> 01:15:54.000]  number as i'm being cited with what's that got to do with it the problem with that is you're
[01:15:54.000 --> 01:15:59.920]  making a record of a sound dex number that i had i didn't apply for i didn't agree or consent to
[01:15:59.920 --> 01:16:06.640]  being used to identify me with so we got some frauds going on here but how does that go to
[01:16:06.640 --> 01:16:19.760]  to the issue at bar the issue at bar yes you're being accused of operating a motor vehicle without
[01:16:19.760 --> 01:16:29.280]  a license how does that affect the accusation of operating a motor vehicle without a license
[01:16:29.280 --> 01:16:36.640]  no it's not just the suspended license is a problem you're you're you're the bogus number
[01:16:36.640 --> 01:16:43.520]  look you can't go in there and say you didn't dot this i you didn't cross this t so everything
[01:16:43.520 --> 01:16:48.880]  goes out to me you're not going to get there from here hang on this is taking way too long
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[01:19:11.440 --> 01:19:29.680]  Okay we are back Randy Kelton and Steve Skidmore with Law Radio and we're talking to Jimmy in Maryland.
[01:19:29.680 --> 01:19:39.680]  Jimmy I'm not sure what this issue has to do with the accusation against you are you saying they got
[01:19:39.680 --> 01:19:48.880]  the wrong guy yes so you're not the guy that was stopped and accused of not having a valid driver's
[01:19:48.880 --> 01:19:58.240]  license the the information they're using is not mine it's a different question you're trying to
[01:19:58.240 --> 01:20:05.200]  force this into nuns pro-tunk you're trying to make nuns pro-tunk uh something that would
[01:20:05.200 --> 01:20:13.680]  be um what's the term um that would that would eliminate the case are you the human being
[01:20:15.680 --> 01:20:22.080]  that a police officer stopped and accused of operating motor vehicle without about a driver's license
[01:20:22.080 --> 01:20:37.120]  without a driver's license yes okay how does this sound x i'm still not sure what that is
[01:20:38.560 --> 01:20:43.520]  look and how how does it affect whether or not they have the right person before the court
[01:20:44.720 --> 01:20:51.120]  that's how they identify you through that number no they identify you by looking you in your eye
[01:20:51.120 --> 01:20:56.480]  that's why they have a uh ring if you ring i understand randy but there are different
[01:20:56.480 --> 01:21:02.000]  james williams's with different driver's license numbers right if you so what
[01:21:06.720 --> 01:21:16.560]  so what we have a problem not me what's the problem it's not me are you the person that the
[01:21:16.560 --> 01:21:23.600]  officer okay i'm the judge were you driving a motor vehicle and this officer stopped you
[01:21:23.600 --> 01:21:29.280]  driving a motor vehicle are you the person that was driving that motor vehicle what are you going
[01:21:29.280 --> 01:21:35.520]  to say i'm going to say no i was not the person driving that motor vehicle were you operating the
[01:21:35.520 --> 01:21:46.320]  the motorized conveyance no i was not operating motorized conveyance so were you in the neighborhood
[01:21:46.880 --> 01:21:49.440]  i was in the neighborhood but i was not involved in transportation
[01:21:51.440 --> 01:21:56.880]  operating a motorized conveyance is not in transportation you're trying to force
[01:21:56.880 --> 01:22:01.040]  something in there and this is you're looking for some magic little
[01:22:01.040 --> 01:22:06.400]  boo boo they made that you make this thing whole thing go away with i guarantee you that ain't
[01:22:06.400 --> 01:22:12.400]  going to happen okay but i'm also talking about the killing process when you cite somebody
[01:22:12.400 --> 01:22:18.320]  wrongly if you cite me with somebody else's number that's probably a problem that is not
[01:22:18.320 --> 01:22:23.680]  mine i understand what you're saying yeah yes but it's it's not it doesn't prevent adjudication of
[01:22:23.680 --> 01:22:28.160]  the case i'm trying to think of the right word there's a word for that and i've lost it for the
[01:22:28.160 --> 01:22:35.360]  moment they can still identify you but they but they should correct that issue that error should
[01:22:35.360 --> 01:22:42.400]  be corrected if it's so what they should correct it okay but how does that affect the adjudication of
[01:22:42.400 --> 01:22:50.640]  the case if you have my right number my the drop let's say i had okay wait a minute hold on let's
[01:22:50.640 --> 01:22:57.360]  go to a there's something missing here never make a proactive statement of law uh uh let's say
[01:22:57.360 --> 01:23:03.360]  of law out of your own mouth always make it out of the court mouth of the court what does the
[01:23:03.360 --> 01:23:16.480]  court say about this issue okay the case law did you find something that you see to be wrong
[01:23:18.240 --> 01:23:21.840]  of course and you're trying to adjudicate what you see to be wrong
[01:23:21.840 --> 01:23:28.160]  yeah okay here's the here's the issue we we can't do it that way i know we can out here in the real
[01:23:28.160 --> 01:23:40.160]  world but not on the legal side in law we have to say this is wrong because the court in this case
[01:23:40.160 --> 01:23:50.480]  or the legislature in this statute says this is wrong you can't prosecute me when you have the
[01:23:50.480 --> 01:24:00.720]  statute when you have my designation or my identification incorrectly as stipulated by
[01:24:00.720 --> 01:24:07.360]  statute so-and-so or as ruled by case so-and-so have you done that
[01:24:07.360 --> 01:24:19.040]  running by me again have you uh done a brief on this issue points and authorities
[01:24:21.760 --> 01:24:31.440]  back to a basic tenant the judge has two things he's required to do he must determine the facts
[01:24:31.440 --> 01:24:36.800]  in accordance with the rules of evidence then he must apply the law as it comes to him to the
[01:24:36.800 --> 01:24:41.920]  facts in the case so you've established the fact that they have a misidentification
[01:24:43.520 --> 01:24:49.440]  have you applied law to those facts that tells the judge he must rule in your favor
[01:24:52.400 --> 01:24:56.720]  no i just filed a citation i'm not applying motion about if you're wrong this driver's license
[01:24:56.720 --> 01:25:05.200]  okay here's the deal in court you can come into court and make the most convincing arguments
[01:25:05.200 --> 01:25:10.320]  and give the judge the most compelling reasons why he should rule in your favor
[01:25:11.600 --> 01:25:16.720]  and he'll listen to you for the most part and be polite but he's not going to tell you
[01:25:17.840 --> 01:25:25.520]  that you're not giving me something i can rule on you must because he's not your lawyer so he's
[01:25:25.520 --> 01:25:29.520]  not he's not allowed to give you legal advice i mean they do but they're not supposed to
[01:25:29.520 --> 01:25:36.160]  you must give him the facts and then give him the law that he must apply to those facts if you just
[01:25:36.160 --> 01:25:41.760]  gave him a good story he may appreciate the story he may agree with you but he has no power to rule
[01:25:41.760 --> 01:25:48.160]  in your favor unless you've given him the facts and the laws that applies to the facts
[01:25:48.160 --> 01:25:58.320]  and the laws that applies to the facts so you have to go back and brief this issue okay and be careful
[01:25:58.320 --> 01:26:09.120]  be diligent just because you think something is wrong you can't say it because you think it's wrong
[01:26:10.240 --> 01:26:16.000]  if you think it's wrong go back and look in the in the law and for the most part if something really
[01:26:16.000 --> 01:26:22.560]  if something really seems wrong it probably is if it seems like there should be a law against this
[01:26:22.560 --> 01:26:31.120]  it probably is you just got to go find it okay so you can't say this is wrong unless you can say it
[01:26:31.120 --> 01:26:39.440]  out of the mouth of the court does that make sense jimmy makes plenty of sense randy okay is
[01:26:39.440 --> 01:26:46.240]  is that it yeah that's it i want to hold the phone up so yeah appreciate everything in your
[01:26:46.240 --> 01:26:54.560]  time randy very much okay thank you very much okay we are going to go to leslie in pennsylvania
[01:26:54.560 --> 01:27:04.560]  hello miss leslie hi there how are you we've had a good week this is leslie the bad grandma
[01:27:04.560 --> 01:27:10.240]  you do not want to mess with miss leslie and you fully understand that last point
[01:27:10.240 --> 01:27:16.240]  because i saw your pleadings yeah can i give some background for those people they don't really
[01:27:16.240 --> 01:27:27.840]  don't know me yes please do okay um a couple years ago in 2010 my husband and i my husband
[01:27:27.840 --> 01:27:36.400]  rescinded the mortgage it was timely a couple months later we still hadn't heard from the bank
[01:27:36.400 --> 01:27:42.480]  you know regarding the the title or nothing like that so we filed a lawsuit for breach of contract
[01:27:42.480 --> 01:27:53.840]  for failure to abide by the tiller under 1641 g murray's is in our mortgage and that requires
[01:27:53.840 --> 01:28:01.280]  that every time there's a change of ownership of creditor that there has to be a notification
[01:28:01.280 --> 01:28:08.640]  within 30 days and then under a respite and all that other stuff well they told us in the court
[01:28:08.640 --> 01:28:13.440]  that because it was over a year ago that we had even though we just found out about it
[01:28:14.160 --> 01:28:21.920]  that they threw the case out because it was over a year old uh the uh the damage that was done was
[01:28:21.920 --> 01:28:28.800]  over a year old but when they threw out the case they did a findings of facts and conclusions of law
[01:28:29.760 --> 01:28:38.560]  which stated the exact chain of title to the mortgage in the order in the opinion of judge
[01:28:40.240 --> 01:28:47.680]  so i went and took the original lender to county court to file quiet title because i didn't put them
[01:28:47.680 --> 01:28:53.200]  in on the original tiller violation so i pulled the servicer in fannie may and on them
[01:28:54.640 --> 01:29:01.840]  so i did the original lender a quiet title and i got a default judgment because they didn't have
[01:29:01.840 --> 01:29:06.480]  to learn anymore so they didn't answer well then they answered it and they didn't answer but they
[01:29:06.480 --> 01:29:12.960]  went and opened the default judgment and then answered in the meantime city mortgage comes in
[01:29:12.960 --> 01:29:19.440]  and gets an assignment a mortgage and sticks its nose under the tent and brings in to my quiet
[01:29:19.440 --> 01:29:26.960]  title case well the judge says oh this is all rest judicata because they had sitting mortgage
[01:29:26.960 --> 01:29:33.360]  in the other the servicer in the federal case and so he dismissed the case and now we're in
[01:29:33.360 --> 01:29:40.960]  the court of appeal so now we got a foreclosure okay okay hang on we're about to go to break
[01:29:40.960 --> 01:29:50.640]  this is randy kelton's steve skidmore radio i'll call it number 512-646-1984 we'll have the phones
[01:29:50.640 --> 01:29:54.800]  open all night sunny i see you there we'll pick you up as soon as we're finished with
[01:29:54.800 --> 01:30:04.080]  miss leslie we'll be right back eyes may soon be windows to more than our souls if the government
[01:30:04.080 --> 01:30:08.880]  test of iris scanning expands i'm dr catherine albrecht and i'll be back in a moment to share
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[01:31:01.280 --> 01:31:06.320]  secretly scan people's irises from across a room and once the government can track people it can
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[01:31:15.920 --> 01:31:22.000]  work its way deep into our communities tomorrow minority report style i'm dr catherine albrecht
[01:31:22.000 --> 01:31:33.760]  more news and information at catherinealbrecht.com we want to thank all our listeners who contributed
[01:31:33.760 --> 01:31:38.320]  to making the logos radio network fundraiser a success this year your support got us close
[01:31:38.320 --> 01:31:42.800]  to reaching our goal toward the end of january we received many requests from listeners to
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[01:31:48.160 --> 01:31:53.840]  we are extending the deadline until february 15 every 25 donation gets you a chance to win
[01:31:53.840 --> 01:31:59.040]  help us reach our goal no donation is too small and everything is appreciated please go to logos
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[01:33:27.680 --> 01:33:47.280]  okay we are back brandy kelton steve skidmore and he's
[01:33:47.280 --> 01:33:56.400]  actually here i am actually here steve skidlate yeah i do i would like to take just a moment to
[01:33:56.400 --> 01:34:03.680]  apologize to the listeners for for my tardiness unfortunately working for a law firm it often
[01:34:03.680 --> 01:34:12.880]  requires some very late arduous hours so i did make it alive through austin traffic for what
[01:34:12.880 --> 01:34:21.840]  it's worth and i'm here okay and we were talking to miss leslie in pennsylvania and i've been
[01:34:21.840 --> 01:34:30.720]  listening okay miss leslie you made it to the appeals court yes now soon as we're still we
[01:34:30.720 --> 01:34:37.760]  were waiting for the for the brief coming from sitting mortgage and i got served with foreclosure
[01:34:37.760 --> 01:34:47.920]  complaint so i took a look at everything and i thought oh yeah sometimes bad news is good news
[01:34:47.920 --> 01:34:56.720]  is you know what i mean because we we got thrown out of the federal court but we got our complete
[01:34:56.720 --> 01:35:04.080]  chain of title in there that shows that there's res judicata to the fact that the assignment of
[01:35:04.080 --> 01:35:14.560]  mortgage that they put into this foreclosure complaint is a fraud it's forgery leslie something
[01:35:14.560 --> 01:35:23.200]  i learned very early in this game is that opposition is really really good to give us ammunition
[01:35:24.720 --> 01:35:31.040]  if if we are intuitive enough to recognize it as such and strong enough to use it against them
[01:35:32.560 --> 01:35:39.280]  and on top of that the note that they put into the complaint with the forgery
[01:35:39.280 --> 01:35:48.960]  what with the forged assignment of mortgage was also a counterfeit because it was a copy of a copy
[01:35:48.960 --> 01:35:56.560]  of a copy of a note that was created in 2007 when the note was originally transferred
[01:35:56.560 --> 01:36:02.960]  from the original lender to sitting mortgage ah wait a minute you know what that was
[01:36:02.960 --> 01:36:09.520]  what that was a copy of the transferable record that was not a copy of the note that you signed
[01:36:09.520 --> 01:36:16.720]  that was a copy of the transferable record do you know the difference no okay the note you
[01:36:16.720 --> 01:36:24.480]  signed had a blue ink signature your human your the pressure from your human hand placed your
[01:36:24.480 --> 01:36:31.360]  mark on that on that piece of paper what happened to that after the signing after the closing was
[01:36:31.360 --> 01:36:39.280]  they scanned it and they saw that that scanned copy that electronic copy became a what's called
[01:36:39.280 --> 01:36:49.360]  a transferable record they sold that transferable record into a remit or into a securitization pool
[01:36:49.360 --> 01:37:00.960]  securitization pool okay right this the investors never see the original instrument all they ever
[01:37:00.960 --> 01:37:09.680]  see is the transferable record and that's what they go to their computer database call up and
[01:37:09.680 --> 01:37:19.680]  hit print and present as their proof of claim that's why it was so old well the reason i knew
[01:37:19.680 --> 01:37:30.000]  that it was a copy of a copy of a copy was because the original note supposedly original had many
[01:37:30.000 --> 01:37:38.160]  more uh endorsements on it and was presented in the case in the federal court let me pause you
[01:37:38.160 --> 01:37:48.560]  again they did not endorse the original they endorsed the transferable record now now wait a
[01:37:48.560 --> 01:37:57.280]  minute she's talking about a different place a different time miss leslie at in the federal
[01:37:57.280 --> 01:38:06.880]  court did they have the or did they produce the original um no they didn't they produced the copy
[01:38:06.880 --> 01:38:14.000]  that was endorsed three times that's a copy of the transferable record okay well and i take it that
[01:38:14.000 --> 01:38:20.640]  you still have what oh if they put it in court then that's still evidence so you can bring that in
[01:38:22.000 --> 01:38:32.320]  right right so um wait one other question did the same party present both documents
[01:38:32.320 --> 01:38:42.160]  no the same lawyer did but not for the same party oh the lawyer uh steve for city mortgage
[01:38:42.160 --> 01:38:50.160]  is the same one that hold on just a second steve talk about santiago v mackey santiago v mackey
[01:38:51.520 --> 01:38:59.520]  uh can't recollect the first name of the couple santiago but santiago uh demanded the old uh show
[01:38:59.520 --> 01:39:08.240]  me the note routine mackey wolf science and man a foreclosure mill law firm said okay come on down
[01:39:08.240 --> 01:39:15.520]  to the office we got it right here well when mr and mrs santiago showed up they were presented
[01:39:15.520 --> 01:39:24.000]  a photostatic copy of what appeared to be a document bearing what what would have been their
[01:39:24.000 --> 01:39:33.600]  signature that was not the original again i'm i keep harping on this transferable record for a
[01:39:33.600 --> 01:39:43.040]  reason okay now with santiago v mackey they said we have the original come see it and when they
[01:39:43.040 --> 01:39:50.240]  got there to see it they presented them not the original human signed by a human hand in blue ink
[01:39:50.240 --> 01:39:55.520]  uh document they presented them with a photostatic copy of something else
[01:39:56.960 --> 01:40:03.360]  that was a forgery that was a fraudulent misrepresentation of material facts
[01:40:04.880 --> 01:40:13.120]  uh mackey came back into court with one affirmative defense okay hold on
[01:40:13.120 --> 01:40:22.880]  hold on santiago sued not the lender well okay yeah let me let me let me back up just a minute
[01:40:24.080 --> 01:40:31.280]  they the santiagos santiagos filed in state court it was removed to the fed for diversity of
[01:40:31.280 --> 01:40:40.080]  jurisdiction after being presented the photostatic copy of what was purported to be the original
[01:40:40.080 --> 01:40:48.560]  instrument uh santiago filed for filed a motion for leave to amend and their amended complaint
[01:40:48.560 --> 01:40:59.120]  added mackey wolf sites and man the law firm as a defendant mackey wolf severed that issue and
[01:40:59.120 --> 01:41:04.800]  remanded that back to that one issue with them as defendants back to state court
[01:41:04.800 --> 01:41:13.520]  that state court went to the uh fifth court of appeals in dallas in where
[01:41:15.520 --> 01:41:21.680]  um mackey wolf was pleading attorney immunity as their they they didn't even say hey we didn't
[01:41:21.680 --> 01:41:28.960]  do anything wrong they were basically saying yeah so what we did something wrong but you can't sue
[01:41:28.960 --> 01:41:37.200]  us because we we're immune from prosecution due to attorney immunity we did that in the interest of
[01:41:37.200 --> 01:41:45.440]  pursuing our client's case the fifth court of appeals in dallas did not agree with mackey
[01:41:46.240 --> 01:41:55.520]  they said no you broke the law in the pursuit of your client's case you are liable what they
[01:41:55.520 --> 01:42:06.000]  you are liable what they just said they said presenting a fraudulent document is not a duty
[01:42:06.000 --> 01:42:12.000]  of a lawyer representing a client absolutely does that sound interesting miss leslie
[01:42:13.040 --> 01:42:18.160]  oh it sounds very interesting because when i got that assignment when i had that complaint i called
[01:42:18.160 --> 01:42:25.040]  him and i said who told you to file this and he said oh it's been released for foreclosure i said
[01:42:25.040 --> 01:42:30.160]  but it's still in the court of appeals i haven't even gotten your appellate brief yet from you know
[01:42:31.200 --> 01:42:36.400]  for the court of appeals oh no he says i said aren't you going to wait for the uh for a decision
[01:42:37.120 --> 01:42:45.920]  and he says no i filed it i said get ready to empty your pocket bud sue him i said no that's
[01:42:45.920 --> 01:42:55.040]  a promise i'm going to see your painful have you uh have you ever heard of santiago v mackey leslie
[01:42:55.040 --> 01:43:00.720]  oh yes i have a copy of it yes good good study that and argue exactly the same thing
[01:43:02.080 --> 01:43:08.320]  yeah i intend to are they claiming attorney immunity or have you have you gotten that far
[01:43:08.320 --> 01:43:17.040]  no no i just filed in i just got the uh the complaint on wednesday oh okay and i i filed
[01:43:17.040 --> 01:43:22.800]  the preliminary objections already i had them ready wait a minute wait a minute wait a minute
[01:43:22.800 --> 01:43:29.520]  you've already stepped outside the plan here have you uh filed a motion for leave to amend your
[01:43:29.520 --> 01:43:39.360]  complaint adding the adding this law firm as a defendant no no no that is step number one
[01:43:39.360 --> 01:43:44.480]  oh wait wait hang on hang on this leg we're about to put a break randy kelton steve skidmore we'll
[01:43:44.480 --> 01:44:01.760]  roll radio our call in number 512646 1984 we'll be right back you feel tired when talking about
[01:44:01.760 --> 01:44:06.720]  important topics like money and politics are you confused by words like the constitution or the
[01:44:06.720 --> 01:44:12.880]  federal reserve what if so you may be diagnosed with the deadliest disease known today stupidity
[01:44:12.880 --> 01:44:18.000]  hi my name is steve holt and like millions of other americans i was diagnosed with stupidity
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[01:46:23.360 --> 01:46:26.240]  me
[01:46:45.520 --> 01:46:52.560]  welcome back to rule all radio folks uh now leslie let me bring something to your attention you have
[01:46:52.560 --> 01:46:59.360]  filed an objection is that correct yeah okay let me stop right there don't get ahead of me
[01:47:00.400 --> 01:47:08.800]  the the next thing i would do if it were me is you still got to file an answer then the objection
[01:47:08.800 --> 01:47:17.280]  is not an answer so it's good that you you have not filed your answer yet i hope you haven't filed
[01:47:17.280 --> 01:47:23.600]  your answer yet no no no you're not okay good good good good pause right there okay since you
[01:47:23.600 --> 01:47:33.360]  have not filed your answer to that yet i would file an answer uh in a form of a general denial
[01:47:34.720 --> 01:47:44.880]  and also a counter suit account or a counter complaint naming both the law firm
[01:47:44.880 --> 01:47:51.440]  and the individual attorney who claims that he filed that into the court now
[01:47:52.720 --> 01:48:00.400]  this is going to put them in a very precarious position since you would be counter suing not
[01:48:00.400 --> 01:48:07.440]  only the individual attorney who filed the suit but also the law firm itself now they've all got
[01:48:07.440 --> 01:48:15.040]  to go get representative counsel chances are they will follow suit with uh the santiago v mackie
[01:48:15.760 --> 01:48:21.280]  in filing uh and as a matter of fact i would almost guarantee it because one of the largest
[01:48:21.280 --> 01:48:31.280]  firms here in texas uh filed we filed something similar and uh we got the answer today uh via the
[01:48:31.280 --> 01:48:40.640]  court uh correspondents and they are claiming the same thing attorney immunity according to
[01:48:40.640 --> 01:48:46.320]  santiago v mackie and it would make sense in all 50 states that if any attorney breaks the law in
[01:48:46.320 --> 01:48:56.720]  the in the uh act of of representing his client he has left attorney immunity far behind him
[01:48:56.720 --> 01:49:06.800]  far behind him and becomes personally liable exactly but it is imperative that you answer
[01:49:07.840 --> 01:49:13.840]  with a counter suit against those two parties the individual attorney and the law firm
[01:49:13.840 --> 01:49:10.180]  that he works for in pan
[01:49:10.180 --> 01:49:24.960]  In Pennsylvania the the way to handle a foreclosure is you always put in preliminary objections
[01:49:24.960 --> 01:49:26.160]  Okay
[01:49:26.160 --> 01:49:34.960]  In the objections what that's similar to is a demurrer in other states or a motion to dismiss
[01:49:36.080 --> 01:49:49.040]  yes and what we put in there was the the fraudulent and forged assignment of mortgage fraudulent by
[01:49:49.040 --> 01:49:58.640]  rescued akata and forged by the verified pleading of the assigned war and that's all well and good
[01:49:59.280 --> 01:50:06.400]  but unless you sue these attorneys oh i intend to as soon as i get this case thrown out because
[01:50:06.400 --> 01:50:13.600]  and i don't know no no no no no no you're not getting it why you're missing some neat politics
[01:50:13.600 --> 01:50:21.200]  yes you are missing it completely don't wait for for a dismissal that may not happen
[01:50:22.800 --> 01:50:25.280]  sue them and sue them right now
[01:50:29.040 --> 01:50:37.200]  don't miss this opportunity if you wait you let it go by if you sue them now they'll have to get
[01:50:37.200 --> 01:50:43.600]  counsel and they'll this law firm will be disqualified from representing the court of the
[01:50:44.160 --> 01:50:48.960]  the bank the bank's going to have to hire a new attorney the law firm is going to have to hire
[01:50:48.960 --> 01:50:55.920]  attorneys if the water is going to get a whole lot deeper for them right now they're in offense mode
[01:50:55.920 --> 01:51:03.520]  what you're fixing to do is put them in absolute 100 percent defense mode that's exactly where
[01:51:03.520 --> 01:51:09.920]  you want them so long as they have the offensive position they have the upper hand as soon as you
[01:51:09.920 --> 01:51:17.600]  shift that polarity by adding them as defendants in a countersuit that shifts the polarity now you
[01:51:17.600 --> 01:51:24.880]  have the advantage can i file a countersuit right now in the court absolutely well that's what i'll
[01:51:24.880 --> 01:51:34.800]  do then i won't that was my whole point oh okay yes the other okay so i i have the uh the counterfeit
[01:51:35.280 --> 01:51:43.520]  uh note count i have the res judicata on the fraudulent assignment of mortgage because of
[01:51:43.520 --> 01:51:50.800]  the timing of it okay okay that's on the defense side you're now going on the offense the offense
[01:51:50.800 --> 01:51:56.560]  is your suit against the attorneys in the law firm yeah but she still has to answer the suit
[01:51:56.560 --> 01:52:03.200]  adequately yeah absolutely yes and and if it were me i would answer with a general denial just
[01:52:03.760 --> 01:52:09.680]  generally denying everything and oh by the way here's my counter suit against this attorney
[01:52:09.680 --> 01:52:16.160]  who told me that that he filed it and the firm that he works for as well okay i have a question
[01:52:16.160 --> 01:52:26.800]  miss leslie yes in your answer can you simply answer with a general denial or do you have to
[01:52:26.800 --> 01:52:36.000]  specifically deny each allegation what i'm getting at is you have to give your hand away
[01:52:37.200 --> 01:52:41.520]  no if you put in a general denial they'll accept it as an admission
[01:52:41.520 --> 01:52:52.000]  and they are so so you have to address it deny each if they make specific accusations or
[01:52:52.000 --> 01:52:57.680]  assertions you have to deny those specifically that's why it's better to do it this way and
[01:52:57.680 --> 01:53:02.000]  get it thrown out of that court completely while on the other hand you're doing something else
[01:53:02.000 --> 01:53:07.520]  in another case i wouldn't i wouldn't count on it getting thrown out though leslie that's not
[01:53:07.520 --> 01:53:13.680]  that's my whole point we know that the bank that the courts are bank friendly each and every one
[01:53:13.680 --> 01:53:22.000]  of them in all 50 states oh no it's things are changing in pennsylvania i think you weren't here
[01:53:22.000 --> 01:53:27.760]  oh the last couple times she was on will you explain what's going on recently in pennsylvania
[01:53:27.760 --> 01:53:39.280]  leslie well there's a lot of we have of course we have becker v murr and my my county recorder
[01:53:39.280 --> 01:53:46.000]  has also sued the banks and we've been getting some pretty good decisions from there but um
[01:53:47.600 --> 01:53:54.320]  what i have have done in this objection is there was five major things that they they're trying
[01:53:54.320 --> 01:54:00.320]  to enforce a rescinded and void mortgage contract they attached a forged and fraudulent invalid
[01:54:00.320 --> 01:54:07.120]  assignment a mortgage they attached a fraudulent and counterfeit note they didn't join the unrecorded
[01:54:07.120 --> 01:54:14.560]  owners and they referenced the related civil trial of quiet title and those are all reasons
[01:54:14.560 --> 01:54:21.760]  to throw out the case all valid reasons so if they don't do that the george the judge can get a
[01:54:21.760 --> 01:54:29.440]  kind of a judicial contact and he knows i'll do it you're so squeezed
[01:54:30.800 --> 01:54:38.000]  yeah i don't know why people call you bad grandma i think that's just you randy
[01:54:38.000 --> 01:54:49.200]  i called really about this class action suit we talked about last week it is a term of endearment
[01:54:53.760 --> 01:54:57.840]  i'm calling about that bank of america claim they had a class action suit go against them
[01:54:58.560 --> 01:55:04.480]  white the the bank of america the class action it's a rico suit about the insurance
[01:55:04.480 --> 01:55:10.000]  it okay will you tell us about that when that was in the note of what you wanted to talk about
[01:55:11.280 --> 01:55:21.520]  yes yes it seems that when you buy a house and you do not put down 20 percent of a down payment
[01:55:22.320 --> 01:55:28.080]  that you're required to have some kind of insurance and you never get to pick who the
[01:55:28.080 --> 01:55:36.480]  insurance company is well in the case of bank of america they had a couple they had their own
[01:55:36.480 --> 01:55:45.760]  insurance company and then they um used that insurance company to funnel to other insurance
[01:55:45.760 --> 01:55:52.000]  companies but they required those other insurance companies to kick back the money
[01:55:52.000 --> 01:55:59.120]  right and give them reduced rates so that they got to keep most of the insurance money themselves
[01:55:59.120 --> 01:56:08.560]  and enrich themselves and in the form of referral payments and illegal kickbacks
[01:56:09.200 --> 01:56:15.600]  that made the insurance premiums very high to these people they're going after them
[01:56:15.600 --> 01:56:32.560]  and it's rapeteering agreed okay uh how does that suit affect someone else who's been subjected
[01:56:32.560 --> 01:56:43.360]  to the same process does the rico suit if there is a an adjudication does it end
[01:56:43.360 --> 01:56:52.240]  does it end someone's claim who wasn't a part of the rico suit i don't know i don't think so
[01:56:53.840 --> 01:57:00.320]  i think it's like um the recorder of deeds it it's on behalf of all others similarly situated
[01:57:01.120 --> 01:57:08.000]  so if i sue on behalf of all others similarly situated do i do i affect
[01:57:08.000 --> 01:57:15.360]  those others similarly situated their ability to adjudicate themselves that's my question here
[01:57:16.080 --> 01:57:19.360]  i don't think so only if they opt out
[01:57:20.960 --> 01:57:30.400]  oh well okay if you're a potential party you don't know it then you don't have opportunity to opt out
[01:57:30.400 --> 01:57:38.880]  to opt out now this is a rico suit in pennsylvania is it pennsylvania is it some other state
[01:57:41.680 --> 01:57:45.520]  yes it is in pennsylvania how about that i actually saw the suit
[01:57:46.240 --> 01:57:55.360]  and it was really sophisticated you sent it to me yes it is so i'm wondering if this is just
[01:57:55.360 --> 01:58:04.160]  pennsylvania can someone file a did they file a state repo or federal i think this is a federal
[01:58:04.160 --> 01:58:10.800]  court yeah federal i'm wondering if it would eliminate our ability to do this elsewhere
[01:58:12.160 --> 01:58:17.840]  hang on we're about to go to break randy kelton steve skidmore rule of our radio our call in
[01:58:17.840 --> 01:58:25.840]  number 512-646-1984 we're going to our top of the hour break so this is a good time to go to
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