ROL_2015-03-05_16k.timecode

[00:00.000 --> 00:08.000]  This is The Liberty Beat, your daily source for Liberty news and activist updates, online
[00:08.000 --> 00:09.760]  at TheLibertyBeat.com.
[00:09.760 --> 00:13.680]  I'm Brian Hagan with your Liberty Beat for Thursday, March 5th, 2015.
[00:13.680 --> 00:23.120]  Gold is trading at $1,203, silver at $16.22, and Bitcoin is trading around $267.61.
[00:23.120 --> 00:28.680]  Today's Bitcoin price brought to you by Expresscoin, the fastest, most reliable way to buy Bitcoin.
[00:28.680 --> 00:31.480]  Buy Bitcoin today at Expresscoin.com.
[00:31.480 --> 00:36.240]  In the news, an effort to override President Obama's recent veto of the Keystone XL pipeline
[00:36.240 --> 00:38.440]  failed in the Senate on Wednesday.
[00:38.440 --> 00:43.800]  The Senate voted 62 in favor of overriding the veto and 37 in favor of the veto, short
[00:43.800 --> 00:48.120]  of the two-thirds needed.
[00:48.120 --> 00:51.820]  Wednesday afternoon, the U.S. Supreme Court began hearing arguments in the second major
[00:51.820 --> 00:55.680]  challenge to President Obama's Affordable Care, health care law.
[00:55.680 --> 01:00.720]  The justices listened to 85 minutes of arguments from conservative opponents of the measure.
[01:00.720 --> 01:04.760]  The latest challenge hinges on the phrase, established by the state, and whether or not
[01:04.760 --> 01:08.760]  the phrase has been correctly interpreted by the administration to allow subsidies or
[01:08.760 --> 01:15.360]  tax credits for those who cannot afford medical insurance.
[01:15.360 --> 01:20.340]  On Thursday, March 12th, indigenous activists with the Pitt River, Wintu, Karoo, Shasta,
[01:20.340 --> 01:24.800]  and Modoc nations will rally outside of a federal appeals court as arguments begin in
[01:24.800 --> 01:27.840]  a battle to protect the sacred medicine lake highlands.
[01:27.840 --> 01:33.480]  The lands have been used for generations as centers for healing, ceremony, and gatherings.
[01:33.480 --> 01:37.760]  Indigenous communities say for the last 25 years, the Calpine Energy Corporation, Bureau
[01:37.760 --> 01:42.120]  of Land Management, and United States Forest Service have worked to destroy the lands through
[01:42.120 --> 01:45.000]  proposed geothermal power projects.
[01:45.000 --> 01:50.200]  On July 30th, 2013, a lower court ruled in favor of Calpine and the government and allowed
[01:50.200 --> 01:52.040]  the plans to move forward.
[01:52.040 --> 01:56.040]  The communities say the projects will threaten the aquifer and inject toxins into the air
[01:56.040 --> 02:01.400]  and waters, as well as deeply affect their religious practices and traditional values.
[02:01.400 --> 02:06.280]  On March 12th, representatives of several nations will hold a sunrise prayer and gathering
[02:06.280 --> 02:10.320]  on March and a press conference outside the courthouse.
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[02:53.000 --> 02:57.080]  This is the Liberty Beat for Thursday, March 5th, 2015.
[02:57.080 --> 03:22.920]  Check out the website at thelibertybeat.com.
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[04:19.880 --> 04:27.320]  Okay, howdy, howdy, Randy Kelton, Deborah Stevens, Root of Law Radio on this Thursday,
[04:27.320 --> 04:33.120]  the fifth day of March, 2015.
[04:33.120 --> 04:34.120]  Can you believe it?
[04:34.120 --> 04:40.760]  We're almost a quarter of the way through the whole year.
[04:40.760 --> 04:42.960]  That is downright scary.
[04:42.960 --> 04:51.120]  Okay, tonight I wanted to start talking about some research I've been doing, and it's
[04:51.120 --> 04:53.480]  a rather surprising research.
[04:53.480 --> 05:01.800]  I've been looking into, I'm helping someone build a brief on an appeal to the Court of
[05:01.800 --> 05:08.320]  Appeals in California on standing issues.
[05:08.320 --> 05:14.920]  And in researching standing, I came across something very interesting about a deed of
[05:14.920 --> 05:17.080]  trust.
[05:17.080 --> 05:26.880]  And what I came across on that is case law stating that a deed of trust is an adhesion
[05:26.880 --> 05:29.880]  contract.
[05:29.880 --> 05:40.400]  It kind of frustrates me sometimes that about the time I think I've got it figured out,
[05:40.400 --> 05:46.760]  somebody dropped something on me that I had never considered.
[05:46.760 --> 06:00.440]  And in researching out the standing issue of a lender or a lender's purported agent,
[06:00.440 --> 06:12.080]  which essentially is MERS, I came across this issue of adhesion contracts.
[06:12.080 --> 06:17.480]  And they addressed the deed of trust as an adhesion contract.
[06:17.480 --> 06:21.280]  And when I heard the argument, it made perfect sense.
[06:21.280 --> 06:25.200]  And before I go too far into that, I'm going to open the phone line.
[06:25.200 --> 06:31.080]  So if you have any questions or comments on this topic or any other, it doesn't make any
[06:31.080 --> 06:32.080]  difference.
[06:32.080 --> 06:39.240]  Give us a call, 512-646-1984, I'm going to keep the phone, it's open all night.
[06:39.240 --> 06:44.800]  Just initially, I wanted to start talking about an adhesion contract and how the deed
[06:44.800 --> 06:50.720]  of trust can be construed as an adhesion contract.
[06:50.720 --> 07:01.880]  And what the case law says is, is that if someone is presented a contract, the presumption
[07:01.880 --> 07:11.240]  is, is that you read the contract and that you are imputed to understand the contract
[07:11.240 --> 07:16.640]  as you have a duty to read it before you sign it and you're held responsible for what you
[07:16.640 --> 07:18.240]  read in the contract.
[07:18.240 --> 07:29.800]  Well, what the case law says is, is if you are put in a position such that, it is, that
[07:29.800 --> 07:39.800]  you have, you do not have a free and open access to the potential contract prior to
[07:39.800 --> 07:49.200]  the time you would be expected to affirm the contract, such that you do not have time or
[07:49.200 --> 07:58.000]  opportunity to seek alternatives, alternatives to the contract presented to you.
[07:58.000 --> 08:08.920]  And that at the time the contract is presented, the opposing party has engineered pressures
[08:08.920 --> 08:22.520]  and influences that would leave you reasonable, leave you little, what's the right word, that
[08:22.520 --> 08:29.240]  would leave you no reasonable way of avoiding signing the contract.
[08:29.240 --> 08:38.440]  And as to a deed of trust, this is a perfect situation to explain an adhesion contract.
[08:38.440 --> 08:42.760]  You go to a real estate agent to purchase a property and they take you and show you
[08:42.760 --> 08:46.040]  this property and you just love it, it's perfect.
[08:46.040 --> 08:51.320]  And they say, okay, we need to check your credit and check your income and all that
[08:51.320 --> 08:55.320]  and they do a loan application and they look at your loan application, they come to you
[08:55.320 --> 08:57.720]  and say, oh, this is great.
[08:57.720 --> 09:00.120]  You absolutely qualify for this loan.
[09:00.120 --> 09:02.320]  You can get this property.
[09:02.320 --> 09:07.880]  So you're living in a property now and you want to upgrade to another property.
[09:07.880 --> 09:11.360]  And the real estate agent just told you absolutely no problem.
[09:11.360 --> 09:15.720]  You can get this property, you can get approved for it, not a problem.
[09:15.720 --> 09:22.120]  So you're in a position to where you have a mortgage already and in order to upgrade
[09:22.120 --> 09:25.040]  to another property, you have to sell this property.
[09:25.040 --> 09:29.320]  So you have to put this property up for sale based on what the real estate agent told you
[09:29.320 --> 09:37.320]  that you absolutely will qualify for this mortgage, well, you put yourself for sale.
[09:37.320 --> 09:45.480]  The real estate agent is going to go to great lengths to ensure that you do not get to closing
[09:45.480 --> 09:54.440]  until you're in a position to where you have no option but to close on the deal.
[09:54.440 --> 09:58.280]  They're going to encourage you to sell your current property and they're going to give
[09:58.280 --> 10:03.960]  you all kinds of alternatives you can do where you can put your property in storage or you
[10:03.960 --> 10:09.320]  can agree to sell the property and lease it back for a month or two or three, whatever
[10:09.320 --> 10:15.080]  it takes to close this other deal so that you don't have to worry about not having a
[10:15.080 --> 10:17.960]  place to live.
[10:17.960 --> 10:23.080]  So then as you get closer to closing, they're going to have a little problem, a little snag,
[10:23.080 --> 10:26.080]  it's not a big deal.
[10:26.080 --> 10:32.360]  We need this document, we need that document, we need this confirmation, blah, blah, blah.
[10:32.360 --> 10:37.560]  And then they set it up again and you get a little closer and they delay it again.
[10:37.560 --> 10:42.360]  It's like they're holding a carrot out for you and then they draw it back.
[10:42.360 --> 10:48.880]  And in the meantime, they're pushing you into a position to where you have a contract on
[10:48.880 --> 10:52.360]  your property and then a delay again.
[10:52.360 --> 10:58.960]  Now you have a closing on the property that you're in and you need to close this property
[10:58.960 --> 11:04.600]  so that when the one you're in closes, you have a place to go to.
[11:04.600 --> 11:09.600]  And they're going to stall you and they're going to delay to the point to where you come
[11:09.600 --> 11:15.560]  to closing, you have no option, you have to make this deal because you don't have a place
[11:15.560 --> 11:17.560]  to go.
[11:17.560 --> 11:25.960]  So you sit down and the lender puts in front of you a contract you've never seen before.
[11:25.960 --> 11:34.760]  And you can read the contract, but what if the contract doesn't make sense?
[11:34.760 --> 11:44.760]  Of all of the people listening, if any of you have a mortgage, how many of you have
[11:44.760 --> 11:49.600]  read your deed of trust?
[11:49.600 --> 11:57.680]  And of those who have read the deed of trust, how many of you think you fully understand
[11:57.680 --> 12:00.160]  what you have read?
[12:00.160 --> 12:10.720]  Now that's a loaded question because I have probably read 500 deeds of trust.
[12:10.720 --> 12:17.960]  I've read them, I've analyzed them, I've taken them apart piece by piece.
[12:17.960 --> 12:28.000]  And I can tell you, I do not understand the deed of trust.
[12:28.000 --> 12:36.360]  There are so many confluted contradictions that I have come to the conclusion that whoever
[12:36.360 --> 12:44.200]  wrote this document was high on coke when he wrote it.
[12:44.200 --> 12:48.440]  This is such a screwed up mess.
[12:48.440 --> 12:53.540]  And I'm not talking about just some document that some lawyer put together, I'm talking
[12:53.540 --> 12:58.960]  about Fannie Mae Freddie Mac uniform instruments.
[12:58.960 --> 13:04.760]  They're all the same instrument, they vary slightly by state.
[13:04.760 --> 13:13.800]  But the basic tenets and covenants of the contract are the same for all states.
[13:13.800 --> 13:21.160]  I look at that Fannie Mae Freddie Mac uniform instrument and I wonder, was the guy who wrote
[13:21.160 --> 13:30.920]  this high on coke, it just does not make sense.
[13:30.920 --> 13:40.080]  And when reasonable persons of ordinary prudence can look at a document and come to different
[13:40.080 --> 13:48.640]  conclusions, the document is ambiguous to the point of being unenforceable.
[13:48.640 --> 13:55.560]  And this goes to the adhesion contract.
[13:55.560 --> 14:05.120]  Now I'm writing a document for someone who is in foreclosure, who's been given a notice
[14:05.120 --> 14:10.120]  of foreclosure back in 2013, then he sued Delinder.
[14:10.120 --> 14:25.240]  And they're going to an appeals court on the issue of standing and in trying to determine
[14:25.240 --> 14:32.600]  who actually has a right to make a claim against the property.
[14:32.600 --> 14:41.200]  When reading the deed of trust, you simply cannot tell if anybody here has a mortgage.
[14:41.200 --> 14:46.720]  And that mortgage includes mortgage electronic registration systems.
[14:46.720 --> 14:53.720]  First thing you need to do is look at that document.
[14:53.720 --> 15:06.400]  What you need to understand about that document is according to the court, that's your document.
[15:06.400 --> 15:08.160]  You created it.
[15:08.160 --> 15:10.400]  You created it with your signature.
[15:10.400 --> 15:16.940]  Now you didn't write it, you didn't put all the pieces together, Delinder did that.
[15:16.940 --> 15:21.880]  But they brought it to you and asked you to sign it.
[15:21.880 --> 15:25.560]  And you'll notice they didn't sign it.
[15:25.560 --> 15:35.880]  They didn't sign it because the lender was not granting any concession in the contract.
[15:35.880 --> 15:43.160]  The only one that was granting any concession or privilege in the contract was you.
[15:43.160 --> 15:48.520]  So apparently the only one who had to sign it was you.
[15:48.520 --> 15:56.760]  And what the Uniform Commercial Code says is that a contract is created when something
[15:56.760 --> 16:01.240]  of value changes hands.
[16:01.240 --> 16:11.520]  And the contract was created when the lender gave to you a warranty deed to the property.
[16:11.520 --> 16:15.020]  They essentially gave you the property.
[16:15.020 --> 16:24.140]  They trade that property to you for a note, promissory note, a promise to pay, and a security
[16:24.140 --> 16:27.960]  instrument, a deed of trust in this case.
[16:27.960 --> 16:34.080]  This is a non-judicial state, so it's a deed of trust where you promise to pay a certain
[16:34.080 --> 16:40.080]  amount over a certain time and if you didn't do that, this security instrument would allow
[16:40.080 --> 16:44.880]  the lender to foreclose on your property.
[16:44.880 --> 16:49.560]  If they gave you a warranty deed, you gave them a promise to pay the security instrument.
[16:49.560 --> 16:53.040]  A contract was created and we'll address that when we come back.
[16:53.040 --> 17:00.720]  Randy Kelton, Debra Stevens, Real Well Radio, we'll be right back.
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[20:05.160 --> 20:26.480]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio. And we have a couple callers
[20:26.480 --> 20:33.720]  on but before I go to that, I'm going to kind of caption out and he's in contract. Anybody
[20:33.720 --> 20:42.240]  who has a mortgage should understand the concept of adhesion contract because this gives you
[20:42.240 --> 20:47.720]  some great claims you can use against the lender. If you have a mortgage and you wind
[20:47.720 --> 20:55.320]  up in economic difficulty and the banks coming after you trying to foreclose on your property
[20:55.320 --> 21:03.640]  and MERS, Mortgage Electronic Registration Systems is included in the security instrument.
[21:03.640 --> 21:10.060]  This will give you some very powerful claims that you can bring against the lender that
[21:10.060 --> 21:15.640]  are gaining traction around the country. This is something we've been working on for five
[21:15.640 --> 21:25.440]  years, for about seven years now and the tide is beginning to turn. The contract is an adhesion
[21:25.440 --> 21:34.480]  contract because you are put in a position to where you have no reasonable option but
[21:34.480 --> 21:44.320]  to sign the contract as it is. That's what makes the Deed of Trust an adhesion contract.
[21:44.320 --> 21:49.840]  Now if you had a lender who came to you and brought you the Deed of Trust and said, here's
[21:49.840 --> 21:56.000]  what I'm going to want you to sign when we get to closing and you have time to look it
[21:56.000 --> 22:05.580]  over and if you don't like it, you have time to seek out a different lender or propose
[22:05.580 --> 22:12.160]  your own contract, then that would not be an adhesion contract. But when you're put
[22:12.160 --> 22:18.640]  into a position to where you have no reasonable alternative but to accept the contract as
[22:18.640 --> 22:27.880]  it is, regardless of whether or not the contract contains unconscionable provisions, then that
[22:27.880 --> 22:36.640]  is an adhesion contract. Even if it does not contain unconscionable provisions, it is still
[22:36.640 --> 22:49.840]  an adhesion contract. I was studying for California case law and one of the things I've talked
[22:49.840 --> 23:01.640]  about is when you start preparing a defense to a case, the first place you want to go
[23:01.640 --> 23:11.840]  is to the pattern jury charges. Because pattern jury charges, that's where the action is.
[23:11.840 --> 23:20.120]  A pattern jury charge is what you have to prove. When you get to court, the only thing
[23:20.120 --> 23:27.480]  you have to prove is what's in the pattern jury charge. Now let me read the pattern jury
[23:27.480 --> 23:36.840]  charge in California concerning an adhesion contract. I'm sorry, this actually goes to
[23:36.840 --> 23:48.280]  ambiguity. I missed my place. Okay, I won't read it. Let me read this anyway. This goes
[23:48.280 --> 23:56.440]  to ambiguity and it kind of addresses an adhesion contract. In this case, we're stating that
[23:56.440 --> 24:08.880]  the deed of trust, the Fannie Mae Freddie Mac uniform instrument, if you've ever read it
[24:08.880 --> 24:17.240]  and you can make sense of it, call me because I've read about a hundred of them and I can't
[24:17.240 --> 24:24.600]  make sense of it. So why on earth would you sign this contract that does not make sense?
[24:24.600 --> 24:31.200]  You can read this contract all you want to and it does not make sense. No matter how
[24:31.200 --> 24:36.540]  many times you read it. Why on earth would you sign it? You would only sign it because
[24:36.540 --> 24:45.640]  you have no viable option. That makes it an adhesion contract. And let me read you that
[24:45.640 --> 24:52.480]  the reason that the contract is not enforceable, the reason you can't understand it is that
[24:52.480 --> 25:04.920]  it is so ambiguous. MERS is listed as the beneficiary and nominee for the lender. Well,
[25:04.920 --> 25:16.720]  what does that mean? Beneficiary. In the common tongue, in ordinary English, beneficiary means
[25:16.720 --> 25:26.280]  someone who has a right to the benefit of a contract. And in the case of a mortgage
[25:26.280 --> 25:34.120]  contract, the benefit of the contract is the payment stream, the payments that you make
[25:34.120 --> 25:40.640]  based on the contract. That's the benefit. So the person who has the right to receive
[25:40.640 --> 25:50.760]  that benefit is the beneficiary. Well it names MERS as the beneficiary. Well, that's a problem
[25:50.760 --> 25:56.680]  because MERS is not the one that gave you a warranty deed. The lender was the one that
[25:56.680 --> 26:05.320]  gave you the warranty deed and they traded the warranty deed for the note and the deed
[26:05.320 --> 26:14.040]  of trust. So when you look at the deed of trust, it claims MERS as the beneficiary.
[26:14.040 --> 26:22.840]  As nominee for the lender and his successors and his signs. Beneficiary for the lender,
[26:22.840 --> 26:32.400]  I'm sorry, beneficiary as nominee for the lender and his successors and his signs. What
[26:32.400 --> 26:47.560]  in the heck does that mean? Now if I said that the beneficial interest was granted to
[26:47.560 --> 26:59.040]  the two MERS acting as an agent for the lender, then you'd understand what the situation was
[26:59.040 --> 27:06.080]  because we understand what an agent is. An agent is someone who acts in the name of someone
[27:06.080 --> 27:17.760]  else but what is a nominee and how is a nominee also a beneficiary? If you look up the definition
[27:17.760 --> 27:28.680]  of beneficiary and the definition of nominee, that will give you no clue. Obviously, when
[27:28.680 --> 27:37.680]  the contract uses the term nominee, it uses that as a term of art because if you look
[27:37.680 --> 27:44.660]  up nominee in Webster's, it means someone that's nominated for some position. Not someone
[27:44.660 --> 27:51.440]  who's received the position but someone who's been nominated to receive the position. There
[27:51.440 --> 27:58.920]  could be a number of nominees. Now an agent, now if you're a nominee for the position of
[27:58.920 --> 28:09.040]  agent, that's understandable. Now it's clear what MERS is. As a nominee, he has no power,
[28:09.040 --> 28:14.640]  no authority at all but he's just one of many who could be nominated to be an agent. If
[28:14.640 --> 28:23.280]  he was an agent, then he could act in the name of the lender. But they very deliberately
[28:23.280 --> 28:31.320]  did not use the term agent. They used the term nominee. So since that doesn't fit either
[28:31.320 --> 28:36.880]  the Webster's definition or the legal, the Black's Law Dictionary definition, which is
[28:36.880 --> 28:45.480]  both the same, it must be a term of art. A special term used in a special circumstances.
[28:45.480 --> 28:54.920]  Problem, they did not define the term of art. So what the heck does it mean? If you cannot
[28:54.920 --> 29:04.080]  determine what it means, the contract is ambiguous to the point of being unenforceable. Well,
[29:04.080 --> 29:13.200]  maybe it means it's something concerning the contract itself. You see where MERS is listed
[29:13.200 --> 29:22.520]  in your deed of trust, it's in the definition section where it calls, it defines MERS as
[29:22.520 --> 29:31.400]  a beneficiary and nominee for the lender. It doesn't appoint MERS as a beneficiary
[29:31.400 --> 29:37.840]  and nominee for the lender. It defines them as that. That's just definitions. When you
[29:37.840 --> 29:43.720]  get down to, I think I'm running out of time here. I'll finish this up real quickly on
[29:43.720 --> 29:47.760]  the other side and then I'll go to callers. Randy Kelton, Deborah Stevens, The Rule of
[29:47.760 --> 30:02.360]  Law Radio. I call in number 512-646-1984. Give us a call and we'll be right back.
[30:02.360 --> 30:07.120]  Coffee might not be so bad after all. In fact, researchers say drinking a cup of Joe every
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[33:31.080 --> 33:46.560]  Okay, we are back. Randy Kelton, Debra Steven, Rule of Law Radio on this March the 5th, 2015.
[33:46.560 --> 33:53.120]  And I'm going to finish up on this. The point of that discussion earlier, if you have a
[33:53.120 --> 34:03.880]  contract that you're put in a position such that you don't have the time and the essential
[34:03.880 --> 34:13.080]  freedom to sign the contract solely based on the covenants of the contract, but rather
[34:13.080 --> 34:23.760]  you're influenced by forces created by the opposing party that put you under undue stress
[34:23.760 --> 34:32.440]  to sign the contract regardless of the problems with it. That's an adhesion contract. And
[34:32.440 --> 34:39.280]  what I was talking about on the Deed of Trust, I could spend about four hours ripping apart
[34:39.280 --> 34:47.120]  the Deed of Trust. Whoever wrote that thing had to be high on coke. A Deed of Trust, Fannie
[34:47.120 --> 34:52.080]  Mae, Freddie Mac, Uniform, Instrument does not create a Deed of Trust, it creates a mortgage.
[34:52.080 --> 34:57.680]  It is such a mess, it's almost unbelievable. But you sign those things because you're under
[34:57.680 --> 35:03.920]  such pressure you have no alternative. That makes it an adhesion contract. If you have
[35:03.920 --> 35:13.320]  questions or comments about adhesion contracts, call in 512-646-1984. Right now, I'm going
[35:13.320 --> 35:18.800]  to go to callers. If we run out of callers, I'll go back to this issue later on and we'll
[35:18.800 --> 35:23.480]  talk some more about what a piece of trash the Deed of Trust is. Okay, we're going to
[35:23.480 --> 35:25.520]  Jeff in Mississippi. Hello, Jeff.
[35:25.520 --> 35:29.480]  Hi, Randy. Thanks for having me on the show.
[35:29.480 --> 35:35.480]  Glad to have you. What has been going on in Hillbilly land?
[35:35.480 --> 35:46.400]  Okay, well, I am wanting to know about an affidavit. I put in an affidavit six months
[35:46.400 --> 35:57.000]  ago. And then I've been doing some research and the research is telling me that when that
[35:57.000 --> 36:03.560]  I'm supposed to take the stand and testify and then while I'm testifying to actually
[36:03.560 --> 36:12.040]  read that affidavit in the microphone. The problem that I had with the affidavit, or
[36:12.040 --> 36:18.760]  I want to find out if it is a problem, is that I stated the facts. However, I did not
[36:18.760 --> 36:24.000]  attach any examples because I didn't know that I had to do that and I just never thought
[36:24.000 --> 36:28.440]  about it. So I have an affidavit in there without examples. That's the first.
[36:28.440 --> 36:35.920]  And then the second is when I take the witness stand to testify, last time I got up and testified
[36:35.920 --> 36:41.820]  in court, all I did was just defend myself against crazy questions. So do I want to testify
[36:41.820 --> 36:50.520]  to that affidavit and, you know, kind of give me the ins and outs on that and that's it.
[36:50.520 --> 37:00.240]  Okay. That is an interesting question. You have, is it case law or statute that says
[37:00.240 --> 37:07.760]  that you have to testify to the affidavit? Okay. Let me, let me back up and frame why
[37:07.760 --> 37:16.120]  I asked that question that way. Normally, if you file a verified affidavit into the
[37:16.120 --> 37:28.280]  record, the court will accept the affirmations and statements of fact as true until such
[37:28.280 --> 37:40.080]  time as they are challenged. So the first question is, has the other side in a written
[37:40.080 --> 37:51.320]  motion or objection challenged your statement of facts in the affidavit? No. Then the affidavits,
[37:51.320 --> 37:58.800]  if they're not challenged and if they're filed in the record and they haven't been challenged,
[37:58.800 --> 38:11.040]  then as far as I know in every other state, they must be accepted as true. Okay. What
[38:11.040 --> 38:19.240]  did you find that said that you had to weed the affidavit into the record? There was a
[38:19.240 --> 38:24.760]  little class on YouTube and I'm not trying to pit people against each other. It's just
[38:24.760 --> 38:30.200]  the person that was given the class stated that you would want to take the witness stand
[38:30.200 --> 38:38.160]  and actually read that affidavit into the microphone. Because until you're sworn in
[38:38.160 --> 38:48.440]  and until you're testifying, nothing else exists. Okay. When you file an affidavit,
[38:48.440 --> 38:56.160]  does the affidavit you filed a verified affidavit? Well, I swore to it and notarized it. Then
[38:56.160 --> 39:03.520]  you were sworn in Bubba. Okay. That's what I want to know. Exactly. That's sworn testimony
[39:03.520 --> 39:11.440]  and it's sworn written testimony, which is better than sworn verbal state testimony.
[39:11.440 --> 39:16.160]  That's in the record. If it's in the record unchallenged, then it can't be challenged.
[39:16.160 --> 39:22.760]  And if they try to challenge the facts in the affidavit at trial, then that comes as
[39:22.760 --> 39:29.400]  surprise. If they had an objection to the facts you stated in the affidavit, they had
[39:29.400 --> 39:37.920]  a duty to raise their objections prior to trial so that you had time to prepare a response
[39:37.920 --> 39:46.520]  to their objection. Got it. No surprise. In criminal and civil, there's no surprise on
[39:46.520 --> 39:55.240]  either side. You can't come into court and say, oh, your honor, I got this witness. The
[39:55.240 --> 40:01.040]  other side's going to say, object, object, object. I have no notice. That's surprise.
[40:01.040 --> 40:08.160]  I had no opportunity to test the veracity of this witness. I had no opportunity to depose
[40:08.160 --> 40:17.600]  this witness. And in civil trials, they want everybody to have all the information so that
[40:17.600 --> 40:23.760]  both sides can raise all the appropriate objections and then the judge can make a proper decision.
[40:23.760 --> 40:33.160]  In criminal, there's somewhat different. In criminal, the prosecution cannot surprise.
[40:33.160 --> 40:39.880]  The defense can. Oh. You can come up with a witness at the spur of the moment. Now they're
[40:39.880 --> 40:46.160]  going to ask you to show cause as to why the witness is brought in at a late date, but
[40:46.160 --> 40:52.920]  essentially you don't have to disclose your defense to the prosecution. Prosecution has
[40:52.920 --> 40:59.720]  to disclose its evidence to you. Okay. So the slight difference between criminal and
[40:59.720 --> 41:10.360]  civil, but in either case, surprise is not acceptable. So if you file a verified affidavit
[41:10.360 --> 41:17.440]  and the other side does not raise a timely objection to any purported facts in the affidavit,
[41:17.440 --> 41:26.720]  then the court must accept the affidavit is true. And that goes to reasonableness. You
[41:26.720 --> 41:38.480]  file a petition and you say, my name is whatever. And the other side, if they don't come in
[41:38.480 --> 41:42.720]  and say, Oh, his name is not really that the court is going to say, okay, I accept your
[41:42.720 --> 41:53.200]  name is that. So that the other side doesn't have to object to every single thing and that
[41:53.200 --> 42:02.080]  the court doesn't have to put up with objections to things that are nonsense. So the way they
[42:02.080 --> 42:11.200]  did that, you know, if you five makes affidavits of fact, their statements of fact, and the
[42:11.200 --> 42:15.840]  other side doesn't have to object to everything you say, they only have to object to something
[42:15.840 --> 42:23.560]  you say that is they have reason to believe is not true. So, okay, what I'm getting to
[42:23.560 --> 42:32.440]  is, is the court does not have to prove up every single fact. If you state something
[42:32.440 --> 42:38.040]  and nobody objects to it, the court will accept it is true. That allows the court to move
[42:38.040 --> 42:45.840]  along reasonably, but it also creates landmines because if somebody says something is not
[42:45.840 --> 42:54.200]  true and you don't object to it, then the court accepts it. And you can't come along
[42:54.200 --> 43:01.720]  and complain later because you have an opportunity to object. And that's why we do all this in
[43:01.720 --> 43:11.880]  writing because in the heat of the moment, in the ebb and flow of a trial, verbal communication
[43:11.880 --> 43:20.840]  can be subtle and can be, you can be distracted and the court does not want you to be denied
[43:20.840 --> 43:27.220]  your remedy because you were distracted and you missed a minor objection. So there's no
[43:27.220 --> 43:33.360]  sneaking up on somebody, no bringing in something somebody's never heard of before and they
[43:33.360 --> 43:39.280]  haven't had time to research out a good objection. So you can't do that kind of stuff. If you're
[43:39.280 --> 43:42.480]  going to bring something up, you got to do it in writing first. Give it to the other
[43:42.480 --> 43:47.800]  side so they can look at it and they can do the research and come up with objections.
[43:47.800 --> 43:54.200]  So there's no surprise. Okay. Well, that's all I have. So I will call next week. Okay.
[43:54.200 --> 44:01.200]  Thank you, Jeff. This is Randy Kelton. We'll be right back.
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[46:25.560 --> 46:32.560]  Okay, we are back. Randy Coutt and Deborah Stevens are with us today. We're going to
[46:56.560 --> 47:02.560]  go to Stephen in Texas. Hello, Stephen. What do you have for us tonight?
[47:02.560 --> 47:09.560]  Well, sir, I had a question or two about if I wanted to file a criminal complaint in a
[47:09.560 --> 47:15.480]  federal, on the federal side for something that came out of one of their little agencies
[47:15.480 --> 47:24.480]  in Austin, Texas. I found the federal rule number three. It tells you what their criminal
[47:24.480 --> 47:29.480]  complaint consists of. It's very short and simple, nothing like what we have here in
[47:29.480 --> 47:35.480]  Texas. And I found a couple of examples as to what they've used in other places, nothing
[47:35.480 --> 47:41.480]  out of the ordinary, a couple of ones that have been used in cases. But my problem is,
[47:41.480 --> 47:51.480]  where in the world do I go to get one? I said you have to go to a certain... In order to
[47:51.480 --> 48:00.480]  file it, you'd have to go to either a magistrate judge, which they call a federal judge definition,
[48:00.480 --> 48:06.480]  or none is reasonably available before state or local judicial officer. When you go to
[48:06.480 --> 48:10.480]  the definition of that, it pretty much leaves you with any state or local officer, as far
[48:10.480 --> 48:14.480]  as I can tell. Okay. Well, essentially the judicial officer
[48:14.480 --> 48:25.480]  is going to be a US attorney. Here's how I suggest you do that. As I read the code, there
[48:25.480 --> 48:36.480]  is nothing in law that directs a criminal complaint to anyone other than a magistrate.
[48:36.480 --> 48:51.480]  And all judges are magistrates. So the officials, especially the US attorney, they adopt these
[48:51.480 --> 49:01.480]  procedures, and they impose these procedures on the federal enforcement officials, the
[49:01.480 --> 49:09.480]  US marshals, and the FBI and all the others, that say you give a complaint to the FBI,
[49:09.480 --> 49:15.480]  generally that's where they refer them, the FBI will investigate into it. And then they
[49:15.480 --> 49:19.480]  will present the complaint to the US attorney, and the US attorney will present it to the
[49:19.480 --> 49:29.480]  grand jury. Well, it doesn't work that way. Problem is, I know if there's any FBI agents
[49:29.480 --> 49:35.480]  listening, this will hurt their feelings, and I apologize for that, but life is tough.
[49:35.480 --> 49:44.480]  You can equate the FBI with Hitler's brown shirts. The FBI has the appearance of being
[49:44.480 --> 49:52.480]  a law enforcement agency, and to some degree it is, but to a greater degree, the Federal
[49:52.480 --> 50:00.480]  Bureau of Investigation is a political arm of the president, just like the brown shirts
[50:00.480 --> 50:11.480]  were a political arm of Hitler. The FBI is not going to do anything that is not politically
[50:11.480 --> 50:24.480]  advantageous to the president, period. So inasmuch as there is nothing in law that directs
[50:24.480 --> 50:32.480]  a complaint to the FBI, as far as I'm concerned, they can go scratch. I'm not going to waste
[50:32.480 --> 50:43.480]  my time with a public official who is motivated strictly by political concerns. I was in
[50:43.480 --> 50:50.480]  Philadelphia, Pennsylvania, and went to the FBI and told them I had complaints I needed
[50:50.480 --> 50:55.480]  to file. And they asked me if I had ever filed complaints before, and I was going to file
[50:55.480 --> 51:00.480]  some complaints against some federal magistrates. They asked me if I had ever filed any
[51:00.480 --> 51:07.480]  complaints before, and I said yes, I have. Well, with the FBI, and I said, where did
[51:07.480 --> 51:13.480]  you file him? And I told them in Forest, Texas. Well, what happened? They said nothing. Well,
[51:13.480 --> 51:21.480]  what was the nature of the complaints? I filed allegations of an incredibly brutal murder
[51:21.480 --> 51:29.480]  by jail guards in Bexar County. And you could see this real young FBI agent. You could see
[51:29.480 --> 51:38.480]  his eyes light up. He thought, holy mackerel, wonderful. I get a career-making case. And
[51:38.480 --> 51:46.480]  he said, well, do you have the complaint? I said, yes, I do. Well, who was the person
[51:46.480 --> 51:53.480]  murdered? I said, wait a minute. Before I give you this complaint, I need to make sure
[51:53.480 --> 51:58.480]  it's going to be acted in accordance with the law. I don't see a name tag on you. What
[51:58.480 --> 52:08.480]  is your name? And he ducked his head and looked down at the desk and he kind of mumbled, we're
[52:08.480 --> 52:18.480]  not allowed to identify ourselves. I said, and Deborah was in the room with me, and she
[52:18.480 --> 52:28.480]  is in a black dress. She is looking hot. And she's sitting behind me. And he ducks his
[52:28.480 --> 52:37.480]  head and says, we're not allowed to identify ourselves. Say what? We have secret police
[52:37.480 --> 52:44.480]  now? So what do I call you? And he had on this garish blue tie. So what do I call you?
[52:44.480 --> 52:51.480]  Secret agent blue tie? And the guy just glowed red. And he looked up at Deborah, and she's
[52:51.480 --> 53:01.480]  almost falling out on the floor laughing at this guy. To the agent's credit, he was clearly
[53:01.480 --> 53:12.480]  mortified that he had been ordered by his superiors not to identify himself. And I said,
[53:12.480 --> 53:21.480]  with all due respect, there is no way I'm going to give this complaint to some secret
[53:21.480 --> 53:29.480]  agent so he can slip it under the rug. That's not going to happen.
[53:29.480 --> 53:30.480]  Hey, Randy.
[53:30.480 --> 53:31.480]  Yes.
[53:31.480 --> 53:36.480]  I think the real reason he was mortified is because I was laughing at him.
[53:36.480 --> 53:45.480]  She was back there. She looked up at this hot babe back there. Deb was in one of those
[53:45.480 --> 53:48.480]  little black outfits. She looked good.
[53:48.480 --> 53:50.480]  Oh, thanks, Randy.
[53:50.480 --> 53:55.480]  He was incredibly embarrassed. But he couldn't reveal himself.
[53:55.480 --> 54:01.480]  Yeah, we were singing, me on the way back, Randy and I were singing that song. Secret
[54:01.480 --> 54:09.480]  agent man, they're giving you a blue tie and they're take away your name.
[54:09.480 --> 54:19.480]  So the point is, don't take it to the FBI. I don't care what they say. You give it to
[54:19.480 --> 54:28.480]  some magistrate. Now, we were in Fort Lauderdale, Florida, and I went into a magistrate court.
[54:28.480 --> 54:35.480]  And this is to kind of demonstrate what you can do. Most of us, when we have interaction
[54:35.480 --> 54:43.480]  with the courts, we do so when we're summoned into the court. So we're being charged with
[54:43.480 --> 54:50.480]  something. It's a whole other animal when you're the one going and starting the fight.
[54:50.480 --> 54:57.480]  So I went into a federal court in Fort Lauderdale and went up to the magistrate is having these
[54:57.480 --> 55:04.480]  cattle call hearings, the bail hearings and such. And I went up to the call the US Marshal
[55:04.480 --> 55:08.480]  over who's the bailiff. And I said, My name is Randall Kelton instruct the judge that
[55:08.480 --> 55:13.480]  I have business with the court. And the bailiff said, May I tell the judge the nature of the
[55:13.480 --> 55:17.480]  business? No, you may not. I have business with the court and it's none of yours. You're
[55:17.480 --> 55:25.480]  dismissed. Well, the magistrate, the marshal didn't take that well. So he didn't tell
[55:25.480 --> 55:31.480]  the judge that I had business because the judge finished the hearing and was closing
[55:31.480 --> 55:37.480]  down the hearing. And I stood up in the courtroom and said, Your Honor, my name is Randall
[55:37.480 --> 55:44.480]  Kelton. I have business with the court. And oh, the marshals were just doing a dance,
[55:44.480 --> 55:48.480]  came charging at me like they were going to jump over the bar and tackle me. But they
[55:48.480 --> 55:56.480]  didn't. They stopped. And the judge asked me, Who are you? I said, My name is Randall
[55:56.480 --> 56:01.480]  Kelton and I have business with the court. And the magistrate said, Well, in that case,
[56:01.480 --> 56:07.480]  Mr. Prosecutor, will you stay? And the clerk and court reporter, will you stay? And Mr.
[56:07.480 --> 56:11.480]  Kelton, come on up to the podium. And as soon as everything's ready, you can tell me what
[56:11.480 --> 56:18.480]  your business is. So I did. I came up to the podium when they were ready. I told them
[56:18.480 --> 56:26.480]  that I was a radio talk show host out of Austin, Texas, and I do a show on legal reform.
[56:26.480 --> 56:32.480]  And I get calls from all over the country telling me about how corrupt the federal
[56:32.480 --> 56:42.480]  courts are. And I'm getting calls claiming that the federal courts are changing the
[56:42.480 --> 56:49.480]  transcripts so they can hide the shenanigans that they do. And frankly, she said, Well,
[56:49.480 --> 56:53.480]  why are you telling me this? I said, Well, frankly, Your Honor, I get more calls out
[56:53.480 --> 57:03.480]  of this court than any other. Okay, I lied to her. This was about filming in a federal
[57:03.480 --> 57:08.480]  courthouse. I said, She said, Well, Mr. Kelton, why are you telling me this? I said, Well,
[57:08.480 --> 57:15.480]  Your Honor, I'm here with a film crew. And I would like to bring in my film crew and
[57:15.480 --> 57:21.480]  videotape your court proceedings. And then I'd like to secure the transcripts from your
[57:21.480 --> 57:27.480]  court proceedings and compare them to my videos so I could show that all of these rumors
[57:27.480 --> 57:33.480]  about the courts changing the grant transcripts are just simply not true. She said, Well,
[57:33.480 --> 57:40.480]  Mr. Kelton, we have a rule against video cameras in the courtroom. I said, Yes, Your
[57:40.480 --> 57:48.480]  Honor, I'm familiar with that rule. But you have a rule and I have a constitution. And
[57:48.480 --> 57:55.480]  as far as I'm concerned, you can use that rule for toilet paper. She said, Well, I'm
[57:55.480 --> 58:01.480]  sorry, I can't help you, Mr. Kelton, but you will not be able to videotape my courtroom.
[58:01.480 --> 58:06.480]  I said, Well, thank you very much, Your Honor. You have helped me. You gave me just what
[58:06.480 --> 58:19.480]  I need. Thank you very much. Now the judge was absolutely furious with me. You go to
[58:19.480 --> 58:24.480]  a federal court. You tell the bailiff to instruct the judge to do have business with the court.
[58:24.480 --> 58:29.480]  He's going to ask you what the nature of the business is. Give him a sealed folder. Give
[58:29.480 --> 58:34.480]  him this. It has your verified criminal affidavits in it. When we come back to the other side,
[58:34.480 --> 58:41.480]  I'll explain what that does to the judge. You would like it. They will not. This is
[58:41.480 --> 58:48.480]  Randy Kelton, Deborah Stevens, Rue La Radio. I call it number 512-646-1984. We'll be right
[58:48.480 --> 58:55.480]  back. The Bible remains the most popular book in the world, yet countless readers are frustrated
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[59:47.480 --> 01:00:03.480]  That's freestudybible.com. You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.480 --> 01:00:07.480]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[01:00:07.480 --> 01:00:13.480]  at thelibertybeat.com. I'm Brian Hagan with your Liberty Beat for Thursday, March 5, 2015.
[01:00:13.480 --> 01:00:23.480]  Gold is trading at $1,203, silver at $16.22, and Bitcoin is trading around $267.61. Today's
[01:00:23.480 --> 01:00:28.480]  Bitcoin price brought to you by Express Coin, the fastest, most reliable way to buy Bitcoin.
[01:00:28.480 --> 01:00:33.480]  Buy Bitcoin today at expresscoin.com. In the news, an effort to override President Obama's
[01:00:33.480 --> 01:00:38.480]  recent veto of the Keystone XL pipeline failed in the Senate on Wednesday. The Senate voted
[01:00:38.480 --> 01:00:47.480]  62 in favor of overriding the veto and 37 in favor of the veto, short of the two-thirds needed.
[01:00:47.480 --> 01:00:51.480]  Wednesday afternoon, the U.S. Supreme Court began hearing arguments in the second major
[01:00:51.480 --> 01:00:56.480]  challenge to President Obama's Affordable Care health care law. The justices listened
[01:00:56.480 --> 01:01:01.480]  to 85 minutes of arguments from conservative opponents of the measure. The latest challenge
[01:01:01.480 --> 01:01:05.480]  hinges on the phrase established by the state and whether or not the phrase has been correctly
[01:01:05.480 --> 01:01:10.480]  interpreted by the administration to allow subsidies or tax credits for those who cannot
[01:01:10.480 --> 01:01:18.480]  afford medical insurance. On Thursday, March 12, indigenous activists with the Pitt River,
[01:01:18.480 --> 01:01:23.480]  Wintu, Karuk, Shasta, and Modoc nations will rally outside of a federal appeals court as
[01:01:23.480 --> 01:01:28.480]  arguments began in a battle to protect the sacred medicine lake highlands. The lands have
[01:01:28.480 --> 01:01:33.480]  been used for generations as centers for healing, ceremony, and gatherings. Indigenous
[01:01:33.480 --> 01:01:38.480]  communities say for the last 25 years, the Calpine Energy Corporation, Bureau of Land
[01:01:38.480 --> 01:01:42.480]  Management, and United States Forest Service have worked to destroy the lands through proposed
[01:01:42.480 --> 01:01:48.480]  geothermal power projects. On July 30, 2013, a lower court ruled in favor of Calpine and
[01:01:48.480 --> 01:01:53.480]  the government and allowed the plans to move forward. The communities say the projects
[01:01:53.480 --> 01:01:57.480]  will threaten the aquifer and inject toxins into the air and waters, as well as deeply
[01:01:57.480 --> 01:02:03.480]  affect their religious practices and traditional values. On March 12, representatives of several
[01:02:03.480 --> 01:02:08.480]  nations will hold a sunrise prayer and gathering on March and a press conference outside the
[01:02:08.480 --> 01:02:13.480]  courthouse. The Liberty Beat is brought to you by Silver Botanicals, producing innovative,
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[01:02:49.480 --> 01:02:56.480]  That's coupon code LIBERTYBEAT. This is the Liberty Beat for Thursday, March 5, 2015.
[01:02:56.480 --> 01:03:20.480]  Check out the website at thelibertybeat.com.
[01:03:26.480 --> 01:03:51.480]  Check out the website at thelibertybeat.com.
[01:03:51.480 --> 01:04:04.480]  Okay, we are back. Randy Kelton, Deborah Stevens, Root of Our Radio, and we're going to change
[01:04:04.480 --> 01:04:16.480]  our bumper music to Secret Agent Blue Tie. Taking away your... How did that go, Deborah?
[01:04:16.480 --> 01:04:27.480]  It goes, secret agent man, they've given you a blue tie and they take away your name.
[01:04:27.480 --> 01:04:36.480]  We had way too much fun at this agent's expense. Okay, Steven, where were we?
[01:04:36.480 --> 01:04:38.480]  Randy, I got to tell you.
[01:04:38.480 --> 01:04:41.480]  Oh, hold on a second, Steve.
[01:04:41.480 --> 01:04:46.480]  I'm sorry, that guy had the most god-awful blue tie I have ever seen in my life. Really,
[01:04:46.480 --> 01:04:50.480]  it was the stupidest looking tie I ever saw. I mean, I was nearly falling out of my chair
[01:04:50.480 --> 01:04:54.480]  anyway just looking at him because he was such a dork.
[01:04:54.480 --> 01:05:01.480]  He was a young kid. He couldn't have been more in his mid-20s. It had to be his first assignment
[01:05:01.480 --> 01:05:06.480]  and then for us to land on him that way, it was great fun.
[01:05:06.480 --> 01:05:12.480]  Sorry, enough sidebar here. Okay, go ahead with your caller.
[01:05:12.480 --> 01:05:14.480]  Go ahead, Steve.
[01:05:14.480 --> 01:05:19.480]  Oh, I'm sorry. You were about to... Oh, boy, you were about to get into something after
[01:05:19.480 --> 01:05:24.480]  you just got over why you led the judge down the path that you did. I'm sorry.
[01:05:24.480 --> 01:05:29.480]  Oh, why would you take it to the FBI?
[01:05:29.480 --> 01:05:39.480]  Oh, okay. It's about the judge as a magistrate. Every judge is a magistrate.
[01:05:39.480 --> 01:05:49.480]  I went into the head criminal district judge for Travis County. His name was Bob Perkins.
[01:05:49.480 --> 01:05:56.480]  And guy was really a personable individual. He was probably the most personable judge
[01:05:56.480 --> 01:06:03.480]  that I ever come across. And he's having hearings. He's having motion hearings.
[01:06:03.480 --> 01:06:09.480]  You know, when I present criminal complaints to a court, I always want to catch them
[01:06:09.480 --> 01:06:16.480]  when they're doing motion hearings because for the most part, when lawyers present motions,
[01:06:16.480 --> 01:06:22.480]  there's only really one issue in the motion. And this is a good piece of information
[01:06:22.480 --> 01:06:30.480]  for pro se litigants to understand. All of these lawyers use the local litigation
[01:06:30.480 --> 01:06:37.480]  guide. And the litigation guides will have forms for motions. And the form will have
[01:06:37.480 --> 01:06:45.480]  all of the obligatory sections along with the case law supporting those sections.
[01:06:45.480 --> 01:06:52.480]  So they pull out the fill in the blanks form from the litigation guide, fill in all the
[01:06:52.480 --> 01:07:00.480]  obligatory stuff that's standard, and then add a section for their particular issue.
[01:07:00.480 --> 01:07:07.480]  So when the judge gets the motion or pleading, he looks at it and 90% of what's in there
[01:07:07.480 --> 01:07:13.480]  is obligatory stuff. And it's the same in every one that he gets. So he doesn't have to
[01:07:13.480 --> 01:07:18.480]  pay attention to it. And then when a pro se comes along and they write their motion from
[01:07:18.480 --> 01:07:23.480]  scratch, it really gives him a headache because he has to read all this stuff.
[01:07:23.480 --> 01:07:30.480]  So in this case, we have a bunch of lawyers with motions and the judge picks up the motion
[01:07:30.480 --> 01:07:37.480]  and he recognizes it as the standard form. So he only goes to the section that's
[01:07:37.480 --> 01:07:43.480]  appropriate for this hearing. And in doing that, that means that the judge can walk
[01:07:43.480 --> 01:07:50.480]  through these motions very quickly. Minute, minute and a half per motion. He's got a
[01:07:50.480 --> 01:07:55.480]  whole line of lawyers lined up in front of the bench. They were inside the bar. They
[01:07:55.480 --> 01:08:00.480]  weren't even out in the gallery and having to come up because it took too long.
[01:08:00.480 --> 01:08:03.480]  So they all lined up in front of him. They go up in front of him, the judge looks at
[01:08:03.480 --> 01:08:10.480]  them and says, okay, granted, denied, 10, 20 seconds per motion. It's just kind of
[01:08:10.480 --> 01:08:15.480]  a perfunctory thing. So you always want to catch your judge when he's doing motion
[01:08:15.480 --> 01:08:19.480]  hearings. So the judge is up there doing motion hearings. I walk up to the bar, I
[01:08:19.480 --> 01:08:26.480]  point at the bailiff, you, come here. They hate that. They hate being summoned. They're
[01:08:26.480 --> 01:08:32.480]  used to lawyers who come in dangling by their bar cards. And the lawyers are afraid
[01:08:32.480 --> 01:08:38.480]  of everybody. They're not accustomed to someone who's not afraid of anybody. And
[01:08:38.480 --> 01:08:44.480]  they don't have any tools for dealing with you. And this is something we talk
[01:08:44.480 --> 01:08:55.480]  about a lot in terms of understanding who you are. You are the master. All of
[01:08:55.480 --> 01:09:02.480]  these public officials, they are public servants. You are the master. So when you
[01:09:02.480 --> 01:09:07.480]  go in there with the concept of you as the master, it changes everything. For
[01:09:07.480 --> 01:09:15.480]  these guys, it's a psychological reframe. They don't know how to act and react to
[01:09:15.480 --> 01:09:21.480]  you because you're not reacting to them the way they expect. And it tends to cause
[01:09:21.480 --> 01:09:28.480]  what in psychology we call a pattern interruption. They expect certain patterned
[01:09:28.480 --> 01:09:34.480]  interactions. And then somebody comes in and interrupts all those patterns. Like I
[01:09:34.480 --> 01:09:40.480]  walk up to the bar and I point at the bailiff, you, come here. They're thinking,
[01:09:40.480 --> 01:09:46.480]  who the heck is this guy ordering me around? I did that to this bailiff and he
[01:09:46.480 --> 01:09:52.480]  come over and he said, may I help you? They always say the same thing. And I
[01:09:52.480 --> 01:09:59.480]  said, yes, you may. My name is Randall Kelton. You always give them your name
[01:09:59.480 --> 01:10:06.480]  because you don't want them asking you questions. Does Randall Kelton instruct
[01:10:06.480 --> 01:10:12.480]  the judge that I have business with the court? And the bailiff will always say,
[01:10:12.480 --> 01:10:19.480]  or almost always, may I tell the judge the nature of the business? And depending
[01:10:19.480 --> 01:10:25.480]  on what I want to do, I've got two ways of answering. One way is I say, yes, you
[01:10:25.480 --> 01:10:33.480]  may. And I hand him a sealed envelope addressed to the judge. The other way is
[01:10:33.480 --> 01:10:40.480]  the way I used in this instance is he said, may I help you? They said, may I
[01:10:40.480 --> 01:10:45.480]  tell the judge the nature of the business? No, you may not. I have business with
[01:10:45.480 --> 01:10:51.480]  the judge and it's none of yours. That was very specifically designed as a
[01:10:51.480 --> 01:10:59.480]  pattern interruption. It was my purpose to give the bailiff a response that he
[01:10:59.480 --> 01:11:10.480]  did not anticipate and had no reactive responses available for dealing with it.
[01:11:10.480 --> 01:11:17.480]  Pattern interruption is the most psychologically effective thing you can do
[01:11:17.480 --> 01:11:22.480]  to a human being. You can do something really horrible to someone if they
[01:11:22.480 --> 01:11:27.480]  expect it. It's not psychologically devastating. But when you give someone a
[01:11:27.480 --> 01:11:32.480]  reaction or a response that they have that they absolutely do not expect and
[01:11:32.480 --> 01:11:37.480]  have no way of dealing with, that is a very powerful experience. And I gave
[01:11:37.480 --> 01:11:43.480]  this bailiff one. He said, may I tell the judge the nature of the business? No,
[01:11:43.480 --> 01:11:47.480]  you may not. I have business with the court and it's none of yours. You're
[01:11:47.480 --> 01:11:54.480]  dismissed. And I flicked my fingers at him. As you can see that he wanted to
[01:11:54.480 --> 01:12:01.480]  pull out his pistol and shoot me. But he couldn't because it wasn't his court.
[01:12:01.480 --> 01:12:06.480]  It was the judge's court. And in the overall scheme of things, he was not
[01:12:06.480 --> 01:12:13.480]  very important. Now everybody else treated him as though he was important.
[01:12:13.480 --> 01:12:18.480]  But when I treated him as though he wasn't important and he thought about
[01:12:18.480 --> 01:12:23.480]  jerking me over the bar and squeezing me until my eyes bugged out, he also
[01:12:23.480 --> 01:12:28.480]  considered what the judge would say about that. So he's kind of caught in a
[01:12:28.480 --> 01:12:33.480]  quandary. And he ran up to the judge and whispered in the judge's ear and the
[01:12:33.480 --> 01:12:39.480]  judge looked up at me. And I'm sitting here holding up this red folder. And the
[01:12:39.480 --> 01:12:44.480]  judge just cannot help himself. He has to know what's in it. And when he
[01:12:44.480 --> 01:12:49.480]  finishes the motion hearings, he said, Mr. Kelton, I understand that you have
[01:12:49.480 --> 01:12:53.480]  business with the court. Yes, your honor, I do. And I hold up the folder and I
[01:12:53.480 --> 01:13:00.480]  say, may I approach? That means can I give you this folder? And he said, well,
[01:13:00.480 --> 01:13:06.480]  come on up because he was having hearings right at the bench. So I walked
[01:13:06.480 --> 01:13:13.480]  up to the bench and laid the folder on the bench. This is a trap. The judge
[01:13:13.480 --> 01:13:18.480]  opens the folder and he's looking at criminal charges against the district
[01:13:18.480 --> 01:13:26.480]  clerk, accusing the district clerk of secreting criminal complaints against
[01:13:26.480 --> 01:13:33.480]  the district attorney from the grand jury. The look on his face was
[01:13:33.480 --> 01:13:43.480]  absolutely priceless. That's when he realized he was in deep water because
[01:13:43.480 --> 01:13:51.480]  now he's dealing with the master. And he's dealing with the master who knows
[01:13:51.480 --> 01:13:56.480]  that he is the master. So Stephen, if you have criminal complaints you want to
[01:13:56.480 --> 01:14:05.480]  file, you almost certainly have to do it in your capacity as the master of your
[01:14:05.480 --> 01:14:14.480]  public servants. And that's how you do it. They won't like it. They will have
[01:14:14.480 --> 01:14:22.480]  an attitude about it. But once you do that, you have put yourself in a special
[01:14:22.480 --> 01:14:30.480]  position. Because even though you're in a federal courthouse, if you are in
[01:14:30.480 --> 01:14:36.480]  Texas and you're in a federal courthouse, that federal courthouse does not belong
[01:14:36.480 --> 01:14:44.480]  to the federal government. Neither is it a federal enclave. The federal
[01:14:44.480 --> 01:14:50.480]  courthouse is rented from the state of Texas. There's only two federal enclaves
[01:14:50.480 --> 01:14:56.480]  in Texas and those are two federal prisons. Isn't that right, Deb? Deb, look
[01:14:56.480 --> 01:15:03.480]  this up. The federal prisons are enclaves so that the feds can use their own
[01:15:03.480 --> 01:15:08.480]  guards in the prison and they don't have to use state guards. The federal
[01:15:08.480 --> 01:15:17.480]  courthouse is rented from the state. So the judge is acting within the state. So
[01:15:17.480 --> 01:15:21.480]  if they do anything to interfere with you, so you go in to file a criminal
[01:15:21.480 --> 01:15:29.480]  complaint, that makes you a witness. If the judge, debate it, the prosecuting
[01:15:29.480 --> 01:15:36.480]  attorney, anyone says anything to you that would tend to frighten or intimidate
[01:15:36.480 --> 01:15:43.480]  you, 3605 Texas Penal Code, tampering with a witness, 3606 Penal Code,
[01:15:43.480 --> 01:15:51.480]  obstruction of justice, those are both felonies. Then you take those to a state
[01:15:51.480 --> 01:15:58.480]  grand jury and see what they think about these jerk feds playing fast and loose
[01:15:58.480 --> 01:16:06.480]  with law. If we are going to get criminal complaints prosecuted, we have to run
[01:16:06.480 --> 01:16:13.480]  the routine. And when I come back, I'll talk about the routine. We're about to
[01:16:13.480 --> 01:16:18.480]  go to break here in a few minutes, in a few seconds. But there is a routine for
[01:16:18.480 --> 01:16:26.480]  doing this and it's based on the premise that you never ask a public official to
[01:16:26.480 --> 01:16:33.480]  do anything you actually want them to do because you never ask a public official
[01:16:33.480 --> 01:16:37.480]  to do anything to the law, just not specifically. You require them to do so
[01:16:37.480 --> 01:16:43.480]  that you can kick them right in their professional behinds when they don't.
[01:16:43.480 --> 01:17:00.480]  Hang on, Randy Kelvin, Deborah Stevens, we'll be right back.
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[01:18:50.480 --> 01:18:54.480]  Anderson. We're open Monday through Friday 10 to 6, Saturdays 10 to 2.
[01:18:54.480 --> 01:19:00.480]  Visit us at CapitalCoinandBullion.com or call 512-646-6440.
[01:19:00.480 --> 01:19:08.480]  This is the Logos, the Logos Radio Network.
[01:19:08.480 --> 01:19:36.480]  Okay, we are back. Randy Kelton's, Deborah Stevens,
[01:19:36.480 --> 01:19:44.480]  Rue Blah Radio. And the thing I really need to get to, Steve, is the routine.
[01:19:44.480 --> 01:19:50.480]  Never ask a public official to do anything you actually want them to do.
[01:19:50.480 --> 01:19:54.480]  And the reason you never ask a public official to do anything you actually
[01:19:54.480 --> 01:20:00.480]  want them to do is that you never ask a public official to do anything that the
[01:20:00.480 --> 01:20:08.480]  law does not specifically require them to do. And when they fail to do that,
[01:20:08.480 --> 01:20:15.480]  that goes to 39.03 Texas Penal Code. If a public official acting under the
[01:20:15.480 --> 01:20:20.480]  color, meaning pretense, of his authority exerts or purports to exert an
[01:20:20.480 --> 01:20:27.480]  authority he does not expressly have or fails to perform a duty he is required
[01:20:27.480 --> 01:20:32.480]  to perform and in the process denies a citizen in the full and free access to
[01:20:32.480 --> 01:20:38.480]  or enjoyment of a right, well, that's a crime in the state of Texas.
[01:20:38.480 --> 01:20:44.480]  It's also a crime in the Fed. In Texas, it's 39.03 Penal Code official
[01:20:44.480 --> 01:20:51.480]  oppression. In the Fed, it's 18 U.S. Code 242 official misconduct.
[01:20:51.480 --> 01:20:57.480]  And 18 U.S. Code 242 is part of the Ku Klux Klan Act passed in 1871,
[01:20:57.480 --> 01:21:04.480]  so this is not new law. Most people who are familiar with the Ku Klux Klan
[01:21:04.480 --> 01:21:12.480]  Act interpret it as providing a citizen in the right to sue a public official
[01:21:12.480 --> 01:21:17.480]  when a public official fails to perform a duty or exerts an authority he does
[01:21:17.480 --> 01:21:22.480]  not have. That is the second half of the Ku Klux Klan Act.
[01:21:22.480 --> 01:21:27.480]  The first half of the Ku Klux Klan Act makes it a criminal act,
[01:21:27.480 --> 01:21:35.480]  and that is much more powerful. You won't get FBI agents to do their job
[01:21:35.480 --> 01:21:40.480]  unless it's politically advantageous to the president.
[01:21:40.480 --> 01:21:47.480]  The way to make it politically advantageous is to create difficulty,
[01:21:47.480 --> 01:21:53.480]  and you are the one that can do that. You can't ask a lawyer to do it
[01:21:53.480 --> 01:21:58.480]  because he goes into court dangling by his bar card. You can't ask a police
[01:21:58.480 --> 01:22:06.480]  officer to do it because his career is at stake. You are the one who can do it.
[01:22:06.480 --> 01:22:13.480]  You go in. The thing I like to do most is bushwhack the judge in his own court
[01:22:13.480 --> 01:22:21.480]  and drop a criminal complaint on him. And in the federal venue,
[01:22:21.480 --> 01:22:26.480]  you do this by going to some federal magistrate, any judge actually,
[01:22:26.480 --> 01:22:30.480]  whether he's a district judge or a magistrate judge, it doesn't make any
[01:22:30.480 --> 01:22:40.480]  difference. They're all magistrates under law. And the least offensive way
[01:22:40.480 --> 01:22:44.480]  of doing this is to go to the bailiff, call the bailiff up, while the judge
[01:22:44.480 --> 01:22:49.480]  is in the courtroom having a hearing and you tell the bailiff your name
[01:22:49.480 --> 01:22:53.480]  and instruct the judge that I have business with the court. And I suggest
[01:22:53.480 --> 01:22:58.480]  you always do this in a nice suit and tie or a nice business dress if you're
[01:22:58.480 --> 01:23:07.480]  a female so that you look professional. Do not offer explanation. You are
[01:23:07.480 --> 01:23:13.480]  the master. They are the servants. You do not owe them explanation.
[01:23:13.480 --> 01:23:18.480]  You direct them in their behavior. If they fail to perform their duty,
[01:23:18.480 --> 01:23:24.480]  not a problem, Bubba. You don't want to do what the law requires you to do?
[01:23:24.480 --> 01:23:31.480]  I come back with a complaint against you. What happens when you do this is
[01:23:31.480 --> 01:23:37.480]  they get the impression that you're deliberately setting them up. We need to
[01:23:37.480 --> 01:23:42.480]  do that. If you have complaints against public officials, you need to set
[01:23:42.480 --> 01:23:48.480]  them up. You understand they're all going to try to gather up behind this
[01:23:48.480 --> 01:23:55.480]  thin blue line. If we are to take our system back, we have to erase that
[01:23:55.480 --> 01:24:01.480]  thin blue line. So before I go any further, Stephen, what is the nature of
[01:24:01.480 --> 01:24:06.480]  the complaint that you have?
[01:24:06.480 --> 01:24:16.480]  Well, the certain agency I was referring to at Austin was the Infernal Revenue.
[01:24:16.480 --> 01:24:24.480]  But when I sent something in during the last season, we'll call it,
[01:24:24.480 --> 01:24:29.480]  I attached an affidavit explaining it. I filled it out, yada, yada,
[01:24:29.480 --> 01:24:35.480]  based on X, Y, Z, X, and adherence of law in accordance with all case law.
[01:24:35.480 --> 01:24:40.480]  And if they know of something that I should have done different, then they
[01:24:40.480 --> 01:24:44.480]  are to inform me because I certainly don't understand it. So basically,
[01:24:44.480 --> 01:24:48.480]  even though they didn't title it a four-year request, it was basically a
[01:24:48.480 --> 01:24:53.480]  four-year request with an affidavit. So sent that off, and their standard
[01:24:53.480 --> 01:24:58.480]  procedure nowadays is to send you a threatening letter. They call those
[01:24:58.480 --> 01:25:04.480]  frivolous. So they send you the frivolous ones, and then all of a sudden,
[01:25:04.480 --> 01:25:08.480]  they go through their other routine, which I'm used to. I know what to expect,
[01:25:08.480 --> 01:25:10.480]  and I know where I'm going to get.
[01:25:10.480 --> 01:25:14.480]  Okay, that case, take them to a state grand jury.
[01:25:14.480 --> 01:25:20.480]  No, that's fine. I finally got somebody to attach their name to a form,
[01:25:20.480 --> 01:25:27.480]  and now I've got somebody's name to use for all these things. And amazingly,
[01:25:27.480 --> 01:25:33.480]  I should have called it a four-year request in the title in addition to,
[01:25:33.480 --> 01:25:37.480]  because when I did that the second time, I'm amazed at how better of a response
[01:25:37.480 --> 01:25:41.480]  I got. But in the background, they chose that.
[01:25:41.480 --> 01:25:46.480]  Okay, okay, hold on, hold on. Let me address an issue before we pass it.
[01:25:46.480 --> 01:25:47.480]  Sure, sure.
[01:25:47.480 --> 01:25:57.480]  When you make a request, this is a thing that signals you out as a pro se.
[01:25:57.480 --> 01:26:07.480]  Proseis tend to think that they have to invoke the law for the law to apply.
[01:26:07.480 --> 01:26:13.480]  Not true. When I do an information request, I simply demand the information
[01:26:13.480 --> 01:26:20.480]  that I want. I don't give them legal advice. If they want legal advice,
[01:26:20.480 --> 01:26:23.480]  they can go to the prosecuting attorney. He can give them all the legal advice
[01:26:23.480 --> 01:26:31.480]  they want to. I send them a request for information. I don't cite the statute
[01:26:31.480 --> 01:26:36.480]  under which I demand the information. And when I request information,
[01:26:36.480 --> 01:26:40.480]  I hope they don't grant, don't provide it so that I can file criminally
[01:26:40.480 --> 01:26:49.480]  against them. Okay, does that make sense? Why would you do that?
[01:26:49.480 --> 01:26:56.480]  Yes, that makes perfect sense. I just never tried it with a federal agent.
[01:26:56.480 --> 01:27:00.480]  I've tried it in the state. Your information works perfect in the state.
[01:27:00.480 --> 01:27:05.480]  I've used it before. This was the first go around with this.
[01:27:05.480 --> 01:27:12.480]  We as the sovereigns, as the masters of the servants, we have to stop being
[01:27:12.480 --> 01:27:21.480]  reasonable and start being demanding. They hate that. They don't know how
[01:27:21.480 --> 01:27:26.480]  to deal with it. If we're going to change their behavior, this is how we do it.
[01:27:26.480 --> 01:27:30.480]  Okay, I interrupted you again. Go ahead.
[01:27:30.480 --> 01:27:36.480]  No, no, that's fine. So my retaliation was one because I asked the question,
[01:27:36.480 --> 01:27:43.480]  I said, I want to know what the correct procedure is, if this is not correct.
[01:27:43.480 --> 01:27:49.480]  And again, I don't have to make, if I'm the master, I don't have to ask it
[01:27:49.480 --> 01:27:51.480]  on a perfect form. I don't.
[01:27:51.480 --> 01:28:00.480]  Okay, hold on. Here's a problem. You're asking them to give you legal advice.
[01:28:00.480 --> 01:28:04.480]  No, I was asking for an interpretation of their own code. I didn't ask them
[01:28:04.480 --> 01:28:07.480]  for legal advice.
[01:28:07.480 --> 01:28:11.480]  That's a gray area.
[01:28:11.480 --> 01:28:16.480]  It says in several areas that they're required to give out. It's on their own stuff.
[01:28:16.480 --> 01:28:23.480]  Okay, do you have code that requires them to give you the interpretation?
[01:28:23.480 --> 01:28:26.480]  Not in front of me, but it exists.
[01:28:26.480 --> 01:28:33.480]  Okay, it exists if you can find it. Okay, then here's the deal. If there's code
[01:28:33.480 --> 01:28:38.480]  that requires to give you this interpretation, then you ask for the
[01:28:38.480 --> 01:28:46.480]  interpretation and hope they don't give it to you. Because 18 U.S. Code 242
[01:28:46.480 --> 01:28:58.480]  and in Texas, 32, I mean, 39.03 penal code. They both say that if a public
[01:28:58.480 --> 01:29:02.480]  official fails to perform a duty, he's required to perform it and the process
[01:29:02.480 --> 01:29:06.480]  denies uniform for access to or enjoyment of rights. That's a crime in the
[01:29:06.480 --> 01:29:13.480]  state. It's a crime in the Fed. But the rule is take the Fed to the state and
[01:29:13.480 --> 01:29:22.480]  the state to the Fed. So if the agent doesn't perform a duty, he's required to
[01:29:22.480 --> 01:29:28.480]  perform. While he may be working for the federal government, he is not in
[01:29:28.480 --> 01:29:35.480]  Washington, D.C., Guam or one of the territories. Correct. He is in the state
[01:29:35.480 --> 01:29:43.480]  of Texas and subject to the state penal code filed with him against a grand
[01:29:43.480 --> 01:29:48.480]  jury and see what they think about his behavior. Hang on, Randy Kelton, Debra
[01:29:48.480 --> 01:29:55.480]  Stevens, Riverville Radio. I'll call in number 512-646-1984. We'll be right
[01:29:55.480 --> 01:29:59.480]  back.
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[01:32:58.480 --> 01:33:04.480]  microplantpowder.com. You are listening to the Logos Radio Network.
[01:33:04.480 --> 01:33:11.480]  Logosradionetwork.com.
[01:33:34.480 --> 01:33:58.480]  Okay, we are back with Andy Kalten and Deborah Stevens. We have our radio.
[01:33:58.480 --> 01:34:03.480]  Steve, we really need to move along. Do we have anything else I need to
[01:34:03.480 --> 01:34:09.480]  do? Do you have any questions I didn't answer? No, sir. I'm pretty sure I know.
[01:34:09.480 --> 01:34:14.480]  I want to go for the state action this time. Like you said, I should always do
[01:34:14.480 --> 01:34:20.480]  the opposite. And since they're obviously within the state of Texas, that's where
[01:34:20.480 --> 01:34:25.480]  I think I want to take that option. And that's fine. Okay. You're a 254.
[01:34:25.480 --> 01:34:31.480]  Which side of Waco are you on? Are you in Waco? I'm actually at the
[01:34:31.480 --> 01:34:35.480]  Stephen in Hillsboro. I've talked with you several times over the past few years.
[01:34:35.480 --> 01:34:42.480]  Okay, Hillsboro. Then you might go to take your complaints to Tarrant County.
[01:34:42.480 --> 01:34:47.480]  We have a new district attorney there that might actually act on the complaints
[01:34:47.480 --> 01:34:54.480]  even if they're out of the county. There's that. I'm working near, I'm working
[01:34:54.480 --> 01:35:01.480]  down in Barrett County, and I've got an office also up in Tarrant, excuse me, in
[01:35:01.480 --> 01:35:05.480]  Travis. So I'll pass up and down on the other end of the line. Okay, Travis.
[01:35:05.480 --> 01:35:12.480]  Okay. I've got Tarrant County where they will let me take the complaint
[01:35:12.480 --> 01:35:17.480]  directly to the grand jury. I don't have that in Travis or Barrett yet.
[01:35:17.480 --> 01:35:22.480]  But call in tomorrow night. I'll have more time. This is my favorite subject.
[01:35:22.480 --> 01:35:28.480]  We'll talk about how to get them to force, so you can force access to a grand
[01:35:28.480 --> 01:35:34.480]  jury. That'll have more effect than anything. No problem. You have a good night.
[01:35:34.480 --> 01:35:38.480]  I appreciate your time. Okay. Thank you, Steve. Okay. Now we're going to go to
[01:35:38.480 --> 01:35:45.480]  Mark in Texas. Hello, Mark. What do you have for us? I love your show, man.
[01:35:45.480 --> 01:35:53.480]  Just a quick question about strategy. I have filed a motion very recently for
[01:35:53.480 --> 01:35:59.480]  summary judgment. This is following my winning motion for summary judgment
[01:35:59.480 --> 01:36:04.480]  based on the statute of limitations being completely expired based on the
[01:36:04.480 --> 01:36:09.480]  face value of the complaint in a foreclosure lawsuit. And then the
[01:36:09.480 --> 01:36:14.480]  plaintiff's attorneys... Wait, wait. Hold on. You won the hearing? The judge
[01:36:14.480 --> 01:36:21.480]  ruled in your favor? Judge ruled in my favor. It was unopposed. And then they
[01:36:21.480 --> 01:36:29.480]  filed a motion subsequent to that to reopen the case. And in this motion,
[01:36:29.480 --> 01:36:34.480]  they actually basically gave a bold-faced lie. They said the date of
[01:36:34.480 --> 01:36:40.480]  acceleration was in 2010, whereas on the original complaint, they say it was
[01:36:40.480 --> 01:36:46.480]  in 2007. And then they also said that they were including three exhibits,
[01:36:46.480 --> 01:36:52.480]  and they didn't include any of the exhibits. I wasn't invited to a hearing
[01:36:52.480 --> 01:36:56.480]  of any sort. The judge simply ruled on that. I suppose there was a potential
[01:36:56.480 --> 01:37:01.480]  question there or something. But the judge ruled on that. After this, I'm
[01:37:01.480 --> 01:37:06.480]  prosaic in this whole thing, and I'm definitely a greenhorn, maybe even an
[01:37:06.480 --> 01:37:12.480]  idiot. But I'll tell you, with respect to the situation, I didn't respond to
[01:37:12.480 --> 01:37:21.480]  that motion in time. I didn't respond to oppose it. And I didn't do that
[01:37:21.480 --> 01:37:25.480]  because I was talking to an attorney who was supposed to be great at this. But
[01:37:25.480 --> 01:37:28.480]  he turned out to be something of a dullard, and he didn't look at the case,
[01:37:28.480 --> 01:37:31.480]  and he never did what he said he would do. And I just told him I couldn't work
[01:37:31.480 --> 01:37:39.480]  with him. And that was the end of it. Wait a minute. You were talking to an
[01:37:39.480 --> 01:37:45.480]  attorney. Did you ever engage this attorney? No. I never retained him. I
[01:37:45.480 --> 01:37:51.480]  simply gave him a PDF of my case, 160-something pages, and put it in front
[01:37:51.480 --> 01:37:56.480]  of him. He never really looked at it. So it kind of slowed me down, and I ended
[01:37:56.480 --> 01:38:00.480]  up missing my opportunity, thinking that he would end up probably being the way
[01:38:00.480 --> 01:38:05.480]  to go. But it turned out not to necessarily be that big of a deal. After
[01:38:05.480 --> 01:38:12.480]  this, I filed a motion noting that any subsequent payments which they were
[01:38:12.480 --> 01:38:18.480]  suggesting I had made after the original acceleration date. We've talked about
[01:38:18.480 --> 01:38:22.480]  this on your show. You may remember it may not. But I filed a motion just
[01:38:22.480 --> 01:38:28.480]  saying that their complaint notes, the date of acceleration was in 2007, and
[01:38:28.480 --> 01:38:31.480]  any payments made, should there have been any payments made to a third-party
[01:38:31.480 --> 01:38:38.480]  servicer in that state, had to have been actually filed with the Circuit
[01:38:38.480 --> 01:38:43.480]  Court's office or something to that effect. There's no record of anything. So
[01:38:43.480 --> 01:38:47.480]  they don't have anything that opposes the statute of limitations being run
[01:38:47.480 --> 01:38:55.480]  here. And what's very interesting is I noted in my motion that they have
[01:38:55.480 --> 01:38:59.480]  failed the state of cause of action upon which relief can be granted. You know,
[01:38:59.480 --> 01:39:04.480]  all the things that you might advise, perhaps, well, most of them. And then
[01:39:04.480 --> 01:39:13.480]  before the time has run for them to respond, the plaintiff has actually
[01:39:13.480 --> 01:39:17.480]  fired the law firm, and they have a new attorney, a much more experienced
[01:39:17.480 --> 01:39:23.480]  attorney. And so now I have them asking for an extension of time for another
[01:39:23.480 --> 01:39:29.480]  couple of weeks. And I'm just curious as I try to formulate a question here,
[01:39:29.480 --> 01:39:36.480]  what do you think would be the best thing for me to do? Do I need to oppose
[01:39:36.480 --> 01:39:40.480]  that? Or should I just wait since I don't think they have any way that they
[01:39:40.480 --> 01:39:45.480]  can legally argue against the statutes which win my case? Should I be worried
[01:39:45.480 --> 01:39:49.480]  that they might be trying to move it to federal court, which I hear is not a
[01:39:49.480 --> 01:39:53.480]  good thing? Do you have any questions?
[01:39:53.480 --> 01:40:02.480]  I don't have enough information. I'm kind of confused as to exactly where you're
[01:40:02.480 --> 01:40:11.480]  at here. You had a motion granted for summary judgment, and they came back to
[01:40:11.480 --> 01:40:18.480]  reopen. How long between the granting of the motion to summary judgment until
[01:40:18.480 --> 01:40:23.480]  the motion to reopen?
[01:40:23.480 --> 01:40:27.480]  I don't know the exact number of days, but they were within the time frame that
[01:40:27.480 --> 01:40:29.480]  would allow them to do it.
[01:40:29.480 --> 01:40:35.480]  Did they show, okay, the fact that you didn't respond to it, you should file
[01:40:35.480 --> 01:40:40.480]  for a, how long ago was that?
[01:40:40.480 --> 01:40:46.480]  That was back in September, actually.
[01:40:46.480 --> 01:40:51.480]  Okay, then it's too late to address that issue. But you still have the issue of
[01:40:51.480 --> 01:40:59.480]  the time limitation. And they filed a second notice of acceleration. Did they
[01:40:59.480 --> 01:41:02.480]  rescind the first one?
[01:41:02.480 --> 01:41:06.480]  No. No, there was nothing ever done there. That was just a lie.
[01:41:06.480 --> 01:41:13.480]  Then that should get a motion for sanctions. And you might look at sending a
[01:41:13.480 --> 01:41:20.480]  tort letter to the original, to the law firm who did that, and then move for
[01:41:20.480 --> 01:41:24.480]  sanctions against this law firm.
[01:41:24.480 --> 01:41:25.480]  Okay.
[01:41:25.480 --> 01:41:28.480]  These guys want to fight, take the fight back to them.
[01:41:28.480 --> 01:41:30.480]  Okay.
[01:41:30.480 --> 01:41:37.480]  Okay. How is this in court? I mean, we're a non-judicial state. Is this a
[01:41:37.480 --> 01:41:41.480]  HELOC loan, a home equity loan?
[01:41:41.480 --> 01:41:47.480]  Oh, no, this was just a mortgage, original loan. There's no home equity
[01:41:47.480 --> 01:41:48.480]  issue.
[01:41:48.480 --> 01:41:52.480]  Okay. How did it get into court?
[01:41:52.480 --> 01:41:59.480]  It ended up getting into court because they filed a complaint in 2013, just
[01:41:59.480 --> 01:42:05.480]  noting that I was in foreclosure. They stated the original acceleration was in
[01:42:05.480 --> 01:42:11.480]  2007, six years past that date. So they were passed the statute of limitations.
[01:42:11.480 --> 01:42:16.480]  I filed a response. In my response, I noted that I had attempted to make
[01:42:16.480 --> 01:42:21.480]  payments as late as 2010, but they were not to the original lender. And as I
[01:42:21.480 --> 01:42:26.480]  look at the statute, it clearly states that with third parties, that wouldn't
[01:42:26.480 --> 01:42:30.480]  hold the statute of limitations unless that had been filed.
[01:42:30.480 --> 01:42:36.480]  And they're claiming that the attempt to pay the third party lender told the
[01:42:36.480 --> 01:42:39.480]  reset the time limit.
[01:42:39.480 --> 01:42:40.480]  Right.
[01:42:40.480 --> 01:42:46.480]  Okay. That's a frivolous complaint. Okay. Keep in mind, you don't care what the
[01:42:46.480 --> 01:42:49.480]  trial court does. You're just setting the record for appeal.
[01:42:49.480 --> 01:42:52.480]  Sure. If I have, I need to.
[01:42:52.480 --> 01:42:57.480]  So then the thing to do is barguing these lawyers for filing a frivolous
[01:42:57.480 --> 01:42:58.480]  pleading.
[01:42:58.480 --> 01:43:00.480]  Okay.
[01:43:00.480 --> 01:43:04.480]  And just sting them. And the judge is going to rule in their favor no matter
[01:43:04.480 --> 01:43:11.480]  what they file. But judges are bought and paid for it. That's just how it works.
[01:43:11.480 --> 01:43:19.480]  So let them. And then you just file your motion, set the record for appeal, and
[01:43:19.480 --> 01:43:24.480]  hammer the lawyers with bar grievances. You might even want to sue them for
[01:43:24.480 --> 01:43:32.480]  malpractice just for yucks. And you'll make your case in the court of appeals.
[01:43:32.480 --> 01:43:36.480]  But we're real busy tonight. Call back tomorrow night. We've got more time, and
[01:43:36.480 --> 01:43:41.480]  Steve will be on. And I'd like to look at this in more detail.
[01:43:41.480 --> 01:43:43.480]  I'll be on it. Thank you.
[01:43:43.480 --> 01:43:47.480]  Wonderful. Thank you. This is Randy Kelton's, Debra Stevens, Rule of Law
[01:43:47.480 --> 01:43:55.480]  Radio. I call him number 512-646-1984. And we got this, Wendy from Tennessee
[01:43:55.480 --> 01:44:00.480]  and Ruby from Texas. We'll pick you up on the other side and we'll be right.
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[01:46:01.480 --> 01:46:21.480]  Music.
[01:46:21.480 --> 01:46:26.480]  Okay, we are back. Randy Kelton, Debra Stevens, Rule of Law Radio, and we're
[01:46:26.480 --> 01:46:30.480]  going to our callers. We have Ruby in Texas who's a first-time caller. Hello,
[01:46:30.480 --> 01:46:33.480]  Ms. Ruby.
[01:46:33.480 --> 01:46:35.480]  Hello.
[01:46:35.480 --> 01:46:40.480]  What do you have for us?
[01:46:40.480 --> 01:46:46.480]  Well, this is my problem. I'm dealing with municipal court and actually it's a
[01:46:46.480 --> 01:46:57.480]  dog court. They call it animal court. And I went and got my case file because I
[01:46:57.480 --> 01:47:01.480]  needed to see what was going on and exactly, you know, the complaint letters
[01:47:01.480 --> 01:47:06.480]  and how they were going to go about doing what they were going to do to me.
[01:47:06.480 --> 01:47:11.480]  And I come across something that I probably wouldn't have seen if I'd just
[01:47:11.480 --> 01:47:17.480]  never gotten my case file. But on the complaint letter, where the affiant
[01:47:17.480 --> 01:47:27.480]  signs, okay, the signature is a computer-generated signature that's the same.
[01:47:27.480 --> 01:47:34.480]  But that's not the problem so much as there's the same affiant a few months
[01:47:34.480 --> 01:47:41.480]  later does another ticket because I have said numerous, numerous tickets because
[01:47:41.480 --> 01:47:47.480]  like dogs not wearing their tag inside their yard and things of that nature,
[01:47:47.480 --> 01:47:49.480]  which I find ridiculous.
[01:47:49.480 --> 01:47:56.480]  Okay. I guess my first question is, is how did you enter into a contract with
[01:47:56.480 --> 01:47:59.480]  the municipality?
[01:47:59.480 --> 01:48:07.480]  Well, okay, yeah, I didn't enter into a contract. They're mad because they've
[01:48:07.480 --> 01:48:15.480]  been pushing me to get a permit for more than five dogs. Well, all my dogs are
[01:48:15.480 --> 01:48:19.480]  fixed. I'm a responsible pet owner. I've had them 10 years. That's not the
[01:48:19.480 --> 01:48:26.480]  problem. But what happened was they had a dog they were fixing to take to the
[01:48:26.480 --> 01:48:30.480]  town that I kind of rescued from the neighborhood and I just had it fixed.
[01:48:30.480 --> 01:48:34.480]  And I saw them at the corner of my street. I didn't want them taking her to
[01:48:34.480 --> 01:48:37.480]  the town. I walked outside and said something and they followed me back to my
[01:48:37.480 --> 01:48:42.480]  house and after that it was on. They called the police on me. I had failure to
[01:48:42.480 --> 01:48:49.480]  ID. I was taken to jail for failure to ID because I asked the officer to come
[01:48:49.480 --> 01:48:50.480]  to my house.
[01:48:50.480 --> 01:48:56.480]  Hold on, hold on, hold on. Failure to ID. Who charged you with failure to ID?
[01:48:56.480 --> 01:49:01.480]  Oh, it was the police officer. They're run by the police, you know, the animal
[01:49:01.480 --> 01:49:05.480]  control unit or so. Okay, no, no, hold on, hold on. Don't run too far ahead of
[01:49:05.480 --> 01:49:13.480]  me. Were you under arrest at the time? No, no, sir. No, no, no, no. Were you on
[01:49:13.480 --> 01:49:19.480]  your property? In fact, yes, sir. I was in my gated yard and he pulled me through
[01:49:19.480 --> 01:49:25.480]  my gate and I had an audio recording of the whole incident and two witnesses.
[01:49:25.480 --> 01:49:32.480]  And he charged, okay, how did he get to failure to ID? Did he come onto your
[01:49:32.480 --> 01:49:37.480]  property? No, he was standing on the sidewalk and I have a gate that separates
[01:49:37.480 --> 01:49:43.480]  my carport from my sidewalk and it's about waist high. Okay, were you inside
[01:49:43.480 --> 01:49:52.480]  the gate? Yes, I was. Did he charge you with a crime? Yeah, he charged me with
[01:49:52.480 --> 01:49:57.480]  failure to ID, but I've already been tackled. No, no, no. Before he can charge
[01:49:57.480 --> 01:50:06.480]  you with failure to ID. You have to be under arrest. Yeah, you're correct.
[01:50:06.480 --> 01:50:12.480]  So did he charge you with some other crime? Oh, no, no, no. As a matter of
[01:50:12.480 --> 01:50:21.480]  fact, he... Did you charge him with official oppression? Yes, exactly.
[01:50:21.480 --> 01:50:25.480]  Now that was a question. Did you charge him with official oppression? No, I
[01:50:25.480 --> 01:50:30.480]  haven't charged him and that's exactly what I need to do. That's exactly what
[01:50:30.480 --> 01:50:34.480]  you need to do. These guys want to play hardball? Introduce them to the deep
[01:50:34.480 --> 01:50:40.480]  end of the pool. Now let me back up and was he a municipal police officer?
[01:50:40.480 --> 01:50:48.480]  He was a city police officer. And in fact, from what I found out, I think he's
[01:50:48.480 --> 01:50:56.480]  hired now. Everyone in the neighborhood knew him. And when they said,
[01:50:56.480 --> 01:51:01.480]  oh, is that officer so-and-so? He's the one and they're like, oh, yeah.
[01:51:01.480 --> 01:51:08.480]  Okay, the thing is you start filing complaints against them, they really get
[01:51:08.480 --> 01:51:18.480]  excited. And... Okay. Okay, let me back up. Deborah said that you had been
[01:51:18.480 --> 01:51:25.480]  talking to Eddie. Yeah, yeah. Okay, has Eddie talked about the authority of a
[01:51:25.480 --> 01:51:33.480]  municipality to enforce law against you? Well, explain to me, what do you mean
[01:51:33.480 --> 01:51:42.480]  by that? Okay, the Constitution authorizes the legislature to make law.
[01:51:42.480 --> 01:51:49.480]  There's nothing in the Constitution that authorizes the legislature to delegate
[01:51:49.480 --> 01:51:55.480]  their authority to make law to a municipal corporation. Thank you. This is a
[01:51:55.480 --> 01:52:04.480]  private company or even a public company, it's a company. And they can make law
[01:52:04.480 --> 01:52:16.480]  that the municipality calls an ordinance. It should be called a corporate rule.
[01:52:16.480 --> 01:52:26.480]  How did you enter into a contract with the corporation that put you under the
[01:52:26.480 --> 01:52:34.480]  corporate authority? Well, actually, I didn't enter the contract. Every time
[01:52:34.480 --> 01:52:39.480]  they've asked me to... Have you filed a challenge to subject matter
[01:52:39.480 --> 01:52:47.480]  jurisdiction on the charges against you? Oh, on the... Yes, I did. But there's
[01:52:47.480 --> 01:52:52.480]  two separate courts dealing with that. In fact... Okay, okay, hold on. And I'm
[01:52:52.480 --> 01:52:58.480]  sorry to put you off, but we're about to run out of time. I do a four-hour show
[01:52:58.480 --> 01:53:01.480]  tomorrow night. Would you call in tomorrow night? Yours is a little too
[01:53:01.480 --> 01:53:08.480]  complex for us to do quickly. Yes, and I'm very grateful. Thank you.
[01:53:08.480 --> 01:53:15.480]  Okay, before you call in tomorrow night, write me out a timeline. What happened
[01:53:15.480 --> 01:53:19.480]  first? What happened second? No explanations or anything, just a timeline
[01:53:19.480 --> 01:53:24.480]  of what happened and when, and then we've got something to work with. Perfect.
[01:53:24.480 --> 01:53:29.480]  Thank you. Then call in tomorrow night, and I'd like to go over this. I'll show
[01:53:29.480 --> 01:53:34.480]  you how to run the routine on your municipality and make them never, ever
[01:53:34.480 --> 01:53:39.480]  want to mess with you again. Well, thank you so much, Randy. I appreciate it,
[01:53:39.480 --> 01:53:45.480]  and talk to you tomorrow night then. Okay, thank you. Okay. Thank you, Debra. Bye-bye.
[01:53:45.480 --> 01:53:51.480]  Okay, Debra. Now we're going to go to my sweetheart, Ms. Wendy in Texas. How are
[01:53:51.480 --> 01:53:57.480]  you, Ms. Wendy? I'm doing fine, Randy, but I'm in Tennessee. Are you starting
[01:53:57.480 --> 01:54:03.480]  trouble again? Well, no. No, I just needed some little information on how to
[01:54:03.480 --> 01:54:11.480]  enforce a visitation order. I have a couple here who are married. He was
[01:54:11.480 --> 01:54:16.480]  married before, and the wife constantly gives him problems about not visiting
[01:54:16.480 --> 01:54:20.480]  his daughter, not seeing her. She wants to change the parenting plan for
[01:54:20.480 --> 01:54:28.480]  whatever she wants it to be. That's always the case in family law, and
[01:54:28.480 --> 01:54:33.480]  both sides, there's something about family law that seems to be somewhat
[01:54:33.480 --> 01:54:40.480]  different than everything else. The man and woman, they have children, and then
[01:54:40.480 --> 01:54:46.480]  they have issues between one another, and they seem to lose their
[01:54:46.480 --> 01:54:52.480]  perspective. They forget that the child is the only one that really matters
[01:54:52.480 --> 01:55:00.480]  here, and they wind up using the child to beat each other up with. With that
[01:55:00.480 --> 01:55:10.480]  said, there are procedures for this. If you have someone coming to you asking
[01:55:10.480 --> 01:55:19.480]  you for assistance in this matter, first thing you have to consider is they
[01:55:19.480 --> 01:55:25.480]  will never tell you everything. I once went to Australia, did some seminars
[01:55:25.480 --> 01:55:30.480]  down there, and the guy who paid me to come to Australia paid me to come to
[01:55:30.480 --> 01:55:39.480]  Australia to get me to go after a family law judge. When I got down there, he
[01:55:39.480 --> 01:55:44.480]  told me all the horrible things the judge was doing. I've been through this
[01:55:44.480 --> 01:55:51.480]  before, and I said, now hold on a minute. If a family law judge does his job
[01:55:51.480 --> 01:55:57.480]  right, nobody will be happy, because neither side will get everything they
[01:55:57.480 --> 01:56:03.480]  want. The way I know the judge is doing a good job is both sides are unhappy
[01:56:03.480 --> 01:56:10.480]  with him. I know I could not be a family law judge. It's just too difficult.
[01:56:10.480 --> 01:56:20.480]  Before you do anything, see if you can get both sides of the story. This is
[01:56:20.480 --> 01:56:26.480]  the male who's trying to get visitation with the child who's in the custody of
[01:56:26.480 --> 01:56:28.480]  the wife, is that correct?
[01:56:28.480 --> 01:56:37.480]  Yeah, well, yes. He supposedly must get her 13 days a month. Then this ex-wife
[01:56:37.480 --> 01:56:42.480]  has decided that she wants him to get him every weekend now, and that she's in
[01:56:42.480 --> 01:56:48.480]  control of the whole situation, and he don't have to say so. She has known to
[01:56:48.480 --> 01:56:54.480]  keep the child from him before, and he has filed police reports on her before.
[01:56:54.480 --> 01:57:02.480]  My suggestion was to file a contempt charge on her to make her a believer. She
[01:57:02.480 --> 01:57:04.480]  is hard to deal with.
[01:57:04.480 --> 01:57:14.480]  Okay, first thing I want to say is be real careful about family issues. I don't
[01:57:14.480 --> 01:57:22.480]  know what your relationship is with the person who's with the male side, but
[01:57:22.480 --> 01:57:27.480]  keep in mind they will never tell you everything, and it's not always
[01:57:27.480 --> 01:57:32.480]  intentional. They're not going to tell you anything that doesn't suit their
[01:57:32.480 --> 01:57:33.480]  position.
[01:57:33.480 --> 01:57:35.480]  Randy, can I interject here?
[01:57:35.480 --> 01:57:36.480]  Please do.
[01:57:36.480 --> 01:57:43.480]  Okay, Wendy, look up in the penal code in whatever state this is going on in,
[01:57:43.480 --> 01:57:49.480]  because in Texas it is a crime to withhold visitation. It's not just a civil
[01:57:49.480 --> 01:57:54.480]  matter, and I don't remember what the statute is, but I know it's in the penal
[01:57:54.480 --> 01:58:00.480]  code, and if I'm remembering properly, it's a Class A misdemeanor in Texas. So
[01:58:00.480 --> 01:58:04.480]  not every state has that as part of their penal code, but I know for sure Texas
[01:58:04.480 --> 01:58:10.480]  does, and that may be a lot easier to deal with than to try to take it into the
[01:58:10.480 --> 01:58:15.480]  civil court and try to get contempt and all of that kind of stuff, because if the
[01:58:15.480 --> 01:58:19.480]  judge has ordered that he have certain visitation per month and the wife isn't
[01:58:19.480 --> 01:58:26.480]  giving it, then you have to go for contempt. But if it's in the criminal code,
[01:58:26.480 --> 01:58:30.480]  if it's in the penal code, then a lot of times these district attorneys are
[01:58:30.480 --> 01:58:33.480]  starting to take this withholding of visitation issue pretty seriously. So I'd
[01:58:33.480 --> 01:58:36.480]  suggest looking in the penal code. That might be the easiest way to go in this
[01:58:36.480 --> 01:58:37.480]  matter.
[01:58:37.480 --> 01:58:40.480]  And it's 10 days in jail for it.
[01:58:40.480 --> 01:58:44.480]  Oh, wait a minute. We are out of time. Could you call back tomorrow, Wendy?
[01:58:44.480 --> 01:58:46.480]  Yeah, I sure will.
[01:58:46.480 --> 01:58:49.480]  Okay, thank you. Randy, can I help you with that, Steven?
[01:58:49.480 --> 01:58:50.480]  Thank you.
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