ROL_2015-03-06_16k_Hr1-2.timecode

[00:00.000 --> 00:08.120]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:08.120 --> 00:09.120]  at thelibertybeat.com.
[00:09.120 --> 00:14.080]  I'm Brian Hagan with your Liberty Beat for Friday, March 6, 2015.
[00:14.080 --> 00:21.680]  Gold is trading at $1,198, silver at $16.14, and Bitcoin is trading around $271.
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[00:49.880 --> 00:54.920]  In the news, former Secretary of State Hillary Clinton has come under fire for using a personal
[00:54.920 --> 00:58.160]  email that may have compromised sensitive government intelligence.
[00:58.160 --> 01:02.160]  Clinton's emails have been subpoenaed by the House Committee investigating the 2012 terror
[01:02.160 --> 01:04.120]  attack in Benghazi.
[01:04.120 --> 01:08.240]  Security experts are seeking information on whether or not her email was encrypted and
[01:08.240 --> 01:10.200]  who had access to the account.
[01:10.200 --> 01:15.000]  On Thursday, Fox News reported a 2011 State Department email shows Clinton warning her
[01:15.000 --> 01:20.000]  employees not to use personal emails for security reasons, while at the same time conducting
[01:20.000 --> 01:24.800]  government business on her private account.
[01:24.800 --> 01:29.920]  The Maryland Child Protective Services has found a couple guilty of unsubstantiated child
[01:29.920 --> 01:34.240]  neglect for allowing their children to walk home alone from a neighborhood park.
[01:34.240 --> 01:38.960]  Danielle and Alexander Madoff of Silver Springs, Maryland, have been under investigation by
[01:38.960 --> 01:43.440]  the CPS since December for their free-range parenting philosophy.
[01:43.440 --> 01:47.200]  No criminal charges have been filed against the parents, and it remains to be seen what
[01:47.200 --> 01:48.880]  actions the CPS will take.
[01:48.880 --> 01:52.920]  The couple told Nightline in an email that they were shocked and outraged that they had
[01:52.920 --> 01:59.920]  been deemed negligent for giving their children simple freedom to play outdoors.
[01:59.920 --> 02:04.040]  The last letter supposedly written by recently murdered Russian opposition activist Boris
[02:04.040 --> 02:06.080]  Nemstov has been discovered.
[02:06.080 --> 02:10.600]  Nemstov's close friend, Olga Sharina, showed Reuters a letter that seemed to indicate the
[02:10.600 --> 02:15.680]  activist was investigating claims that Moscow has been backing separatist fighters in eastern
[02:15.680 --> 02:16.680]  Ukraine.
[02:16.680 --> 02:19.040]  The claims could not be immediately verified.
[02:19.040 --> 02:23.280]  So Liberty Beat is sponsored by My Magic Mud, detox fine tooth powder, the most effective
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[02:51.880 --> 02:56.680]  This is the Liberty Beat for Friday, March 6th, 2015.
[02:56.680 --> 03:22.760]  Make sure you check out the website at TheLibertyBeat.com.
[03:27.120 --> 03:30.160]  What you gonna do?
[03:30.160 --> 03:32.560]  What you gonna do when they come for you?
[03:32.560 --> 03:35.560]  Bad boys, bad boys, What you gonna do?
[03:35.560 --> 03:38.120]  What you gonna do when they come for you?
[03:38.120 --> 03:41.000]  When you were eight and you had bad traits?
[03:41.000 --> 03:43.600]  You go to school and learn the golden rule.
[03:43.600 --> 03:46.340]  So why are you acting like a bloody fool?
[03:46.340 --> 03:49.000]  If you get in you must get cool.
[03:49.000 --> 03:51.880]  Bad boys, bad boys, What you gonna do?
[03:51.880 --> 03:54.440]  What you gonna do when they come for you?
[03:54.440 --> 04:03.240]  Howdy, howdy, this is Randy Kelton and Steve Gidmore with our radio on this Friday, March
[04:03.240 --> 04:14.640]  the 6th, 2015 for our for our info marathon and we have a somewhat unique situation today.
[04:14.640 --> 04:19.800]  We have Steve on but he can hear us but we can't hear him.
[04:19.800 --> 04:21.560]  So it's a real good offer.
[04:21.560 --> 04:22.560]  Hear me now.
[04:22.560 --> 04:25.000]  Oh man, you just ruined it.
[04:25.000 --> 04:26.000]  Hey, you know what?
[04:26.000 --> 04:30.600]  I found this nifty little switch on the back of my mixer.
[04:30.600 --> 04:36.160]  It's right next to the power button.
[04:36.160 --> 04:40.240]  If I'm not watching what I'm doing, I'd flip that switch off.
[04:40.240 --> 04:43.400]  I have a gremlin that sneaks in.
[04:43.400 --> 04:46.400]  Mute your mic.
[04:46.400 --> 04:48.540]  But now you ruined all our fun.
[04:48.540 --> 04:50.880]  We had you where you could hear us and not respond.
[04:50.880 --> 04:53.320]  Now we can do all kinds of bad things about you.
[04:53.320 --> 04:56.000]  Cut you off at the pass, did I?
[04:56.000 --> 04:57.000]  Yes, you did.
[04:57.000 --> 04:58.000]  Now, I'll be expecting a brownie.
[04:58.000 --> 04:59.000]  Did you have something?
[04:59.000 --> 05:04.000]  I'll be expecting a brownie button.
[05:04.000 --> 05:05.000]  Okay.
[05:05.000 --> 05:07.120]  Did you have something you wanted to start with?
[05:07.120 --> 05:08.400]  Well, no.
[05:08.400 --> 05:11.080]  You piqued my interest before the show on the telephone.
[05:11.080 --> 05:13.280]  Well, I have a Jeff Cedric.
[05:13.280 --> 05:15.760]  I'm hoping he calls in early.
[05:15.760 --> 05:22.920]  He called me earlier today about two cases and I spent a lot of time trying to sort through
[05:22.920 --> 05:26.720]  a set of transcripts and I should have read the case first.
[05:26.720 --> 05:32.880]  But his message said to read the transcript first and it's about a thousand page transcript.
[05:32.880 --> 05:35.800]  It shouldn't take too long.
[05:35.800 --> 05:39.600]  So I'm not up to speed on that one, but there was something else I wanted to talk about
[05:39.600 --> 05:48.960]  that I addressed last night briefly and I wanted to get to kind of run this by you.
[05:48.960 --> 05:56.800]  And that is the Deed of Trust as an adhesion contract.
[05:56.800 --> 06:06.600]  I have a number of cases out of California that addresses the Deed of Trust as an adhesion
[06:06.600 --> 06:08.120]  contract.
[06:08.120 --> 06:09.640]  It's an outright contract.
[06:09.640 --> 06:12.240]  I don't know how it will.
[06:12.240 --> 06:15.680]  Well what they're saying is...
[06:15.680 --> 06:20.880]  It would adhere you to pay on the note, I suppose.
[06:20.880 --> 06:21.880]  No.
[06:21.880 --> 06:33.320]  Because of the way the note is created, they're saying that it becomes an adhesion contract.
[06:33.320 --> 06:44.080]  When you go to closing and they've already got you in a position to where you almost
[06:44.080 --> 06:54.440]  have to have the deal go through and then you don't really have an option at this point
[06:54.440 --> 06:59.920]  and anybody who's been to a closing or has bought a house through a real estate agent,
[06:59.920 --> 07:03.360]  you're well aware of the routine they do.
[07:03.360 --> 07:07.800]  They tell you, oh yeah, you bet, you're going to qualify for this, no problem, things are
[07:07.800 --> 07:08.800]  going to go right through.
[07:08.800 --> 07:12.960]  Oh, so you're in your present house, sure, yeah, put that thing up for sale, you don't
[07:12.960 --> 07:15.120]  have to worry about this going to go through.
[07:15.120 --> 07:17.840]  They want you bound.
[07:17.840 --> 07:22.000]  They tell you how easy it is, how everything's going to go right through.
[07:22.000 --> 07:26.160]  Once they get you in the process, they run this routine.
[07:26.160 --> 07:37.280]  And this routine includes kind of a come on where they lead you forward and push you back.
[07:37.280 --> 07:45.760]  Oh, we'll have this one little issue and oh, well, he's not going to go forward with this
[07:45.760 --> 07:47.480]  interest rate.
[07:47.480 --> 07:54.520]  They use these tools to negotiate a higher interest rate, to negotiate better deals.
[07:54.520 --> 08:02.560]  As they get you more committed to the deal, the time you get to the closing table, you
[08:02.560 --> 08:11.800]  sit down at the closing table and the court puts in front of you, the court, the lender
[08:11.800 --> 08:17.720]  puts in front of you a contract you've never seen before.
[08:17.720 --> 08:21.640]  Well, wait a minute, let me pause you right there.
[08:21.640 --> 08:27.240]  You're supposed to have copies of the closing documents that you're going to sign no later
[08:27.240 --> 08:30.160]  than three days before closing.
[08:30.160 --> 08:34.760]  That's the HUD one settlement statement.
[08:34.760 --> 08:39.100]  That's the only one that has that requirement and there are requirements about good faith
[08:39.100 --> 08:43.560]  estimate and truth and lending statements, but not the deed of trust.
[08:43.560 --> 08:51.520]  I got a, well, in the times that I was working at the investigation firms, I'd tell somebody
[08:51.520 --> 08:53.640]  when they say, well, what do you need me to send you?
[08:53.640 --> 08:55.800]  I need everything.
[08:55.800 --> 08:58.000]  I need your pre-closing documents.
[08:58.000 --> 09:00.840]  I need your final closing documents.
[09:00.840 --> 09:02.760]  I need everything that's in the county record.
[09:02.760 --> 09:10.640]  I need every, all of it, any correspondences between either party, all of it.
[09:10.640 --> 09:22.040]  In most, well, in all of the people that I've dealt with on that end for doing analyses
[09:22.040 --> 09:30.520]  or providing access to analyses, either way, I've always seen a pre-closing package that
[09:30.520 --> 09:36.840]  had a copy of the note and the deed of trust in it unsigned.
[09:36.840 --> 09:40.280]  Prior to my closing, I got a pre-closing package.
[09:40.280 --> 09:42.680]  Everything's on legal size paper.
[09:42.680 --> 09:51.440]  It's on the long sheets, but I got a copy of the note and the deed of trust and the
[09:51.440 --> 09:55.640]  HUD one and application, everything.
[09:55.640 --> 09:59.400]  I got a copy of everything.
[09:59.400 --> 10:05.320]  Then we went in and started signing and initialing and just a flurry of paperwork and gee, it's
[10:05.320 --> 10:06.320]  almost lunch.
[10:06.320 --> 10:07.320]  Aren't we hungry?
[10:07.320 --> 10:10.120]  Yeah, and we got another deal with it.
[10:10.120 --> 10:11.120]  We have to get signed.
[10:11.120 --> 10:12.120]  We have to get this done.
[10:12.120 --> 10:18.080]  I have, Ken Magnuson, he's on on occasion, they insisted they didn't have time for him
[10:18.080 --> 10:22.600]  to read all this and he said, well, then we're not going to do a deal.
[10:22.600 --> 10:26.240]  They had another deal they had to do and blah, blah, blah, and when he said he was going
[10:26.240 --> 10:31.880]  to read it or we're not going to sign it, they capitulated back and gave him time to
[10:31.880 --> 10:32.880]  read it.
[10:32.880 --> 10:43.080]  Okay, so in some cases you get the deed of trust beforehand, but I'm trying to find my
[10:43.080 --> 10:44.080]  spot.
[10:44.080 --> 10:53.080]  I thought I had it in my pleading, I'm not signing it, where they talk about how the
[10:53.080 --> 11:00.760]  deed of trust is a adhesion contract.
[11:00.760 --> 11:01.760]  That's interesting.
[11:01.760 --> 11:10.880]  The courts have held that it is an adhesion contract because of the way it is, the lender
[11:10.880 --> 11:16.720]  is put in a position where they almost have to sign the contract by the time they get
[11:16.720 --> 11:26.800]  to that point and the primary argument that I made was, I'd like to make is that the
[11:26.800 --> 11:33.760]  deed of trust is ambiguous and that's part of what makes it an adhesion contract.
[11:33.760 --> 11:45.120]  If you receive the deed of trust a week, a month before closing and you read it, what
[11:45.120 --> 11:54.800]  did the definition of MERS in the contract mean?
[11:54.800 --> 12:05.760]  I didn't have MERS, but MERS would have been, well, I don't know, it changes, it's a problem.
[12:05.760 --> 12:08.160]  Okay, it's pretty much always the same.
[12:08.160 --> 12:17.320]  MERS is named as the beneficiary and nominee for the lender.
[12:17.320 --> 12:19.720]  What does that mean?
[12:19.720 --> 12:24.720]  Beneficiary, we know what that means, but nominee is vague and ambiguous.
[12:24.720 --> 12:27.640]  Okay, beneficiary, that means that-
[12:27.640 --> 12:33.320]  However, we know what a beneficiary is, but what are they beneficiary to is-
[12:33.320 --> 12:51.000]  Okay, we have a lot of case law saying that MERS has no beneficial interest in the note.
[12:51.000 --> 12:58.400]  And down in the second paragraph of the actual contract, the contract begins with the transfer
[12:58.400 --> 13:00.720]  of property rights.
[13:00.720 --> 13:06.560]  Everything above transfer of property rights is part of the definition section, it's not
[13:06.560 --> 13:10.240]  part of the contract.
[13:10.240 --> 13:19.080]  The first paragraph of the contract itself, the transfer of property rights purports to
[13:19.080 --> 13:24.160]  transfer legal title to the trustee.
[13:24.160 --> 13:34.800]  And with deeds of trust with MERS in them, the second paragraph of the contract says
[13:34.800 --> 13:46.120]  that you understand that MERS holds no beneficial interest, but only holds legal title.
[13:46.120 --> 13:50.720]  And how can they be beneficiary if they have no beneficial interest?
[13:50.720 --> 13:51.760]  That's a good question.
[13:51.760 --> 13:54.280]  So what does beneficiary mean?
[13:54.280 --> 13:55.280]  Yeah.
[13:55.280 --> 13:58.320]  It can't mean what we normally take to mean.
[13:58.320 --> 14:00.360]  No, they just took that away.
[14:00.360 --> 14:05.400]  Yeah, and it's not specifically defined in the contract.
[14:05.400 --> 14:08.480]  Okay, now let's go to nominee.
[14:08.480 --> 14:10.280]  What does nominee mean?
[14:10.280 --> 14:19.560]  Now, I can't find, as it relates to MERS or anybody in the pipeline in that mortgage,
[14:19.560 --> 14:23.800]  I can't find anything that would define nominee.
[14:23.800 --> 14:24.800]  Yeah.
[14:24.800 --> 14:32.560]  Well, I can find nominee if I'm going to vacate my position and I need to get somebody to
[14:32.560 --> 14:38.440]  take my place, I'm going to go nominate a few people and bring them to the boss and
[14:38.440 --> 14:42.320]  say, here, I got some nominees here.
[14:42.320 --> 14:45.000]  Which one you want to pick?
[14:45.000 --> 14:55.200]  Now that's our, the standard common English meaning of nominee, and it's also the legal
[14:55.200 --> 14:59.960]  meaning of the blacks meaning of nominee.
[14:59.960 --> 15:05.840]  So what does this mean in the contract?
[15:05.840 --> 15:10.960]  It's in the definition section and they're defined as a nominee for the lender.
[15:10.960 --> 15:17.960]  So are we nominating MERS for some something?
[15:17.960 --> 15:26.800]  But even if they had used the term agent, we all know what that means, and that would
[15:26.800 --> 15:36.320]  make it very clear who and what MERS is, then it's still in the definition section of the
[15:36.320 --> 15:39.760]  contract.
[15:39.760 --> 15:54.200]  And how would an agent for the lender hold legal title in a deed of trust?
[15:54.200 --> 16:04.680]  So since the agent is an agent for the lender and under Texas law, in a consumer transaction,
[16:04.680 --> 16:14.480]  the lender may not require the borrower to transfer the property to the lender, then
[16:14.480 --> 16:18.960]  MERS can't be an agent for the lender.
[16:18.960 --> 16:23.760]  That would make this document a mortgage and not a deed of trust.
[16:23.760 --> 16:29.480]  What does the contract mean?
[16:29.480 --> 16:35.960]  Now I've read a whole bunch of these and I've spent a lot of time looking at them.
[16:35.960 --> 16:43.800]  I do not know what it means, and if I'm put in a position where I'm pressured to sign
[16:43.800 --> 16:48.360]  a contract and I don't know what it means, that's an adhesion contract.
[16:48.360 --> 16:53.520]  Now you're being pressured to go to break 512-646-1984.
[16:53.520 --> 16:54.520]  We'll open the phones.
[16:54.520 --> 16:55.520]  And we'll be right back.
[16:55.520 --> 16:56.520]  You're listening to...
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[19:12.800 --> 19:40.760]  Thank you, Justin, yeah, whoa, the world is spinning like it's out of control on the
[19:40.760 --> 19:47.760]  edge of a hole, inside a deep dark hole, I'm always on the lookout for something to soothe
[19:47.760 --> 20:03.760]  my soul, so I sit back and I watch the evidence unfold, and I see justice is the door, yeah,
[20:03.760 --> 20:06.760]  justice is the door.
[20:06.760 --> 20:12.520]  Okay, we are back, Randy Kelton and Steve Skidmore, Rule of Law Radio, and we're talking
[20:12.520 --> 20:22.760]  about the Deed of Trust as an adhesion contract, and I'm reading an analysis of Deeds of Trust.
[20:22.760 --> 20:33.280]  Let me read this section here that goes into, okay, such contract variations aside, Deeds
[20:33.280 --> 20:38.680]  of Trust usually fall within two broad categories, long and short form.
[20:38.680 --> 20:43.280]  Long form contains all of the lengthy, fully paid provisions of the trust deed.
[20:43.280 --> 20:48.520]  The short form is usually a one-page document which emits many of the standardized clauses
[20:48.520 --> 20:56.280]  but incorporates these provisions by reference to a facetious Deed of Trust which was early
[20:56.280 --> 21:01.200]  recorded in the county in which the actual Deed of Trust is to be recorded, Civil Code
[21:01.200 --> 21:08.680]  2952, this California Civil Code, provides for this practice of recordation of a fictitious
[21:08.680 --> 21:14.440]  Deed of Trust and further declares that the parties are bound by the terms of the incorporated
[21:14.440 --> 21:22.080]  fictitious Deed of Trust as though the incorporated terms were included in executed Deed of Trust.
[21:22.080 --> 21:26.200]  Among the advantages of the short form are lower costs for printing and recordation.
[21:26.200 --> 21:32.880]  However, rather fictitious trust deed provisions will continue to be enforceable under developing
[21:32.880 --> 21:42.120]  views of adhesion contracts and unconscionability is unclear.
[21:42.120 --> 21:49.640]  It goes on, I'll just take too long to read on here, but it goes on to treat the contract
[21:49.640 --> 21:57.160]  because of the way it is presented as an adhesion contract.
[21:57.160 --> 22:04.200]  Courts have held contracts unconscionable if they surprise the weaker adhering party
[22:04.200 --> 22:11.000]  with terms outside that party's reasonable expectation.
[22:11.000 --> 22:15.720]  In Lamontot, the court stated that while the lender was not required to call attention
[22:15.720 --> 22:25.520]  to a usual provision in a trust deed, the lender may have to accentuate an unusual provision
[22:25.520 --> 22:35.120]  by oral disclosure, print of distinctive size or placing it in a box with heavy borders.
[22:35.120 --> 22:41.440]  In the context of trust deeds, special adhesion questions arise with the short form trust
[22:41.440 --> 22:47.000]  deed, the borrower may be extremely surprised by a term incorporated from a fictitious
[22:47.000 --> 22:54.320]  document of which the borrower has no actual knowledge, let's say superficially, Civil
[22:54.320 --> 22:57.280]  Code 2952 prevents such surprise.
[22:57.280 --> 23:02.360]  However, the statute can be harmonized with the court's view of the borrower that the
[23:02.360 --> 23:09.200]  borrower should be relieved of the operation of unconscionable provisions as expressed
[23:09.200 --> 23:15.040]  in cases like Lamontot, what they're saying is, is the unconscionable provisions, like
[23:15.040 --> 23:25.400]  Merge is one of those, that you should, that the unsophisticated borrower cannot be held
[23:25.400 --> 23:28.320]  responsible for them.
[23:28.320 --> 23:37.600]  And we've made an extensive argument that the deed of trust as it's written is unconscionable
[23:37.600 --> 23:47.640]  on its face and so ambiguous as to be unenforceable.
[23:47.640 --> 23:53.760]  If two different reasonable people could come to different conclusions as to the meaning
[23:53.760 --> 24:07.840]  of a term, then it is ambiguous and in the, as to the conscionability, I'm sorry, I'm
[24:07.840 --> 24:16.440]  losing my place, as to the ambiguousness of the document and anybody who reads the deed
[24:16.440 --> 24:22.160]  of trust, you can't understand it because it doesn't make sense.
[24:22.160 --> 24:24.440]  Legally?
[24:24.440 --> 24:32.800]  It's not just beyond, yeah, it's internally contradictory and it uses undefined terms
[24:32.800 --> 24:42.280]  of art, but the thing that makes it, that adds to the adhesion quality of the document
[24:42.280 --> 24:43.280]  is the footer.
[24:43.280 --> 24:52.360]  I tend to always address the footer when I do a statement of facts, I state that on a
[24:52.360 --> 24:56.320]  certain day at a certain time a document is filed with county record, given docket number
[24:56.320 --> 25:04.280]  so-and-so and title so-and-so and if it's a deed of trust and then I say it contains
[25:04.280 --> 25:11.600]  a footer that appears as so-and-so and I copy it, I take an image of the footer and drop
[25:11.600 --> 25:15.560]  it in there and the court's going to look at that and wonder why the heck did I put
[25:15.560 --> 25:17.440]  the footer in there?
[25:17.440 --> 25:24.440]  The reason the footer's in there is when you get this document, on the bottom of the document
[25:24.440 --> 25:30.560]  you'll have a footer that says that this is a Fannie Mae Freddie Mac uniform instrument
[25:30.560 --> 25:38.720]  number so-and-so or FHA uniform instrument number so-and-so and that implies that this
[25:38.720 --> 25:50.320]  is a standard industry-wide document and that gives an unsophisticated purchaser reason
[25:50.320 --> 26:01.320]  to believe that the document is regular when it is no such thing.
[26:01.320 --> 26:13.720]  In reading it, it doesn't, these ambiguous sections, they don't really read as though
[26:13.720 --> 26:20.000]  the lender is trying to put something over on you.
[26:20.000 --> 26:28.520]  It reads as though whoever wrote it was on Coke, I mean they're just, it's nonsense,
[26:28.520 --> 26:35.600]  but that makes sense, it doesn't really create such a benefit for the lender, it just doesn't
[26:35.600 --> 26:38.600]  make any sense.
[26:38.600 --> 26:45.600]  Since the section that originally addresses MERS is in the definition section, you're
[26:45.600 --> 26:54.120]  not appointing MERS to anything, you're not granting MERS anything, this is just a definition
[26:54.120 --> 27:01.920]  of MERS and it doesn't need to be there, I just talked to someone today who entered into
[27:01.920 --> 27:06.520]  a contract and MERS didn't have anything to do with it and then several years down the
[27:06.520 --> 27:15.820]  road he gets noticed that the document, that the instrument has been transferred to this
[27:15.820 --> 27:21.840]  other company and this other company uses MERS and he said, what can I do about that?
[27:21.840 --> 27:32.680]  I thought about it and Steve, if a lender who buys your note decides to appoint MERS
[27:32.680 --> 27:39.640]  as their agent, what interest do you have in that?
[27:39.640 --> 27:41.840]  What interest do you have in it?
[27:41.840 --> 27:42.840]  Yeah.
[27:42.840 --> 27:51.560]  Well, their agent, define agent, if it's their agent then you don't deal directly with the
[27:51.560 --> 27:53.480]  principal, you deal with the agent.
[27:53.480 --> 28:01.240]  Yeah, but what to say do you have about who a lender hires as their agent?
[28:01.240 --> 28:02.240]  None.
[28:02.240 --> 28:03.240]  Exactly.
[28:03.240 --> 28:14.160]  So don't see, why would they use nominee instead of agent?
[28:14.160 --> 28:20.840]  Nominee is necessarily ambiguous, makes absolutely no sense.
[28:20.840 --> 28:28.840]  Nowhere have I ever seen that MERS in either documentation has defined what they mean by
[28:28.840 --> 28:36.200]  nominee that in the first big case, Landmark B. Kessler, where the court came to him and
[28:36.200 --> 28:44.400]  questioned him about nominee, they never did say we're an agent, they said we're a nominee,
[28:44.400 --> 28:52.400]  but they never explained what the difference between a nominee and an agent was.
[28:52.400 --> 28:59.680]  Had they used agent, it would be readily understandable, nobody'd be raising a question.
[28:59.680 --> 29:07.400]  And from my position, it doesn't matter what the answer to the question is, and it wouldn't
[29:07.400 --> 29:16.600]  matter if, you know, how MERS answered the question as concerns the deed of trust itself,
[29:16.600 --> 29:23.640]  the fact that they didn't renders the deed of trust unconscionable, but because it has
[29:23.640 --> 29:30.960]  provisions in there that are not understandable.
[29:30.960 --> 29:47.160]  So when you have the California pattern jury charges concerning ambiguity.
[29:47.160 --> 29:48.160]  Keep that in mind.
[29:48.160 --> 29:51.720]  We can re-raise that on the other side of this break.
[29:51.720 --> 29:53.740]  You're listening to Rural Law Radio, folks.
[29:53.740 --> 29:56.440]  It's a Friday night, beautiful night out in Texas.
[29:56.440 --> 30:03.440]  We'll be right back, Steve.
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[33:54.680 --> 34:20.520]  Okay, we are back, Randy Kelton, Steve Skidmore, RuralLawRadio, and I've kind of been stumbling
[34:20.520 --> 34:25.520]  around today, I feel like I'm brain dead.
[34:25.520 --> 34:26.520]  That happens.
[34:26.520 --> 34:27.520]  I don't want to hear that.
[34:27.520 --> 34:29.520]  I'm just going to say I don't want to hear that.
[34:29.520 --> 34:34.520]  You didn't give me a chance to pick on you while you were gone back.
[34:34.520 --> 34:36.520]  Touche, huh?
[34:36.520 --> 34:39.520]  Okay, and I'm glad to see Jeff is on.
[34:39.520 --> 34:43.520]  Jeff from Maryland, he's the one that sent these cases in.
[34:43.520 --> 34:44.520]  Hello, Jeff.
[34:44.520 --> 34:45.520]  Hello, Randy.
[34:45.520 --> 34:50.520]  Just for your information, I've been trying since nine o'clock straight up to dial in
[34:50.520 --> 34:54.520]  and been getting a fast busy on area code by one two.
[34:54.520 --> 35:00.520]  Oh, Steve, did we have the phone lines off?
[35:00.520 --> 35:01.520]  I don't know.
[35:01.520 --> 35:02.520]  I turned them on.
[35:02.520 --> 35:03.520]  Oh, that's probably it.
[35:03.520 --> 35:10.520]  They might have been off and you weren't able to get in until Steve turned them on.
[35:10.520 --> 35:14.520]  Well, I just wanted you to know that I did try to keep the agreement with you.
[35:14.520 --> 35:16.520]  I appreciate that, man.
[35:16.520 --> 35:21.520]  I wish I'd have had them on because I've been stumbling around.
[35:21.520 --> 35:24.520]  Okay, you sent me a couple of cases.
[35:24.520 --> 35:28.520]  Will you kind of give us the overview of what the cases are?
[35:28.520 --> 35:30.520]  We want to kind of look at this.
[35:30.520 --> 35:34.520]  We have the catalog of highlighted sections.
[35:34.520 --> 35:39.520]  As I mentioned to you, the BRM case where we have all that transcript,
[35:39.520 --> 35:48.520]  the precursor to James versus Encore, where they had laid all the groundwork
[35:48.520 --> 35:56.520]  and especially with discovery depositions, where when they went into James versus Encore,
[35:56.520 --> 36:06.520]  they scorched Encore's earth and came, I'd say, within the width of a fine red hair,
[36:06.520 --> 36:10.520]  putting them out of business.
[36:10.520 --> 36:13.520]  Will you kind of give us an overview of what the case is about?
[36:13.520 --> 36:16.520]  Well, let's discuss the cases first.
[36:16.520 --> 36:24.520]  BRM versus Midland Credit, the transcript of the cases is, I believe, what we'll...
[36:24.520 --> 36:25.520]  No, wait a minute.
[36:25.520 --> 36:29.520]  Let's kind of get context of what we're going to talk about.
[36:29.520 --> 36:30.520]  Okay.
[36:30.520 --> 36:39.520]  Well, these are debt cases, and in the case of James versus Encore,
[36:39.520 --> 36:41.520]  it was a case of identity theft.
[36:41.520 --> 36:47.520]  He didn't owe the debt, and they pursued him anyway.
[36:47.520 --> 36:55.520]  He sent them copies of his affidavits that he filed with the police and with the FTC,
[36:55.520 --> 36:58.520]  and they said that they were going to stop pursuing him,
[36:58.520 --> 37:04.520]  and they continued to sue him and got a judgment.
[37:04.520 --> 37:06.520]  Okay.
[37:06.520 --> 37:10.520]  Was that equivalent to like a Rule 11 agreement?
[37:10.520 --> 37:14.520]  Did they agree on paper not to sue him?
[37:14.520 --> 37:18.520]  No, they just told him.
[37:18.520 --> 37:19.520]  Okay.
[37:19.520 --> 37:21.520]  Always get it in writing.
[37:21.520 --> 37:22.520]  Yeah, I understand.
[37:22.520 --> 37:26.520]  He relied on it, and the next thing he knows, he's got a judgment.
[37:26.520 --> 37:28.520]  Okay.
[37:28.520 --> 37:38.520]  But what's extraordinarily interesting is the information that is contained in the James versus Encore
[37:38.520 --> 37:44.520]  and how the in-house counsels as well as out-of-house counsels
[37:44.520 --> 37:52.520]  have subverted and perverted the definitions of certain things.
[37:52.520 --> 37:57.520]  But to give you a kind of a let's-pretend example,
[37:57.520 --> 38:07.520]  I walk in, and I'm a debt collector, and I have in my hot little hands a photograph of a Ferrari,
[38:07.520 --> 38:12.520]  and I go up to the court, and I flash this around, and I show it to the alleged debtor,
[38:12.520 --> 38:20.520]  and I show it to the court, and I say to the court, I own this Ferrari.
[38:20.520 --> 38:25.520]  What conclusion do you think the court's going to draw from that?
[38:25.520 --> 38:31.520]  The conclusion that you own the Ferrari?
[38:31.520 --> 38:35.520]  Do you mean that I'm going to own the car that's in the photograph?
[38:35.520 --> 38:36.520]  Yes.
[38:36.520 --> 38:42.520]  Yeah, well, that may be, but that's not what I said.
[38:42.520 --> 38:45.520]  I own this Ferrari.
[38:45.520 --> 38:48.520]  Okay, then you own that picture of the Ferrari.
[38:48.520 --> 38:54.520]  Okay, hold on. I think he's making a point that in the transcript,
[38:54.520 --> 38:58.520]  you're not going to have the picture.
[38:58.520 --> 39:03.520]  You're going to have him saying, I own this Ferrari.
[39:03.520 --> 39:08.520]  Is that what you're going to, that this is unspecific?
[39:08.520 --> 39:21.520]  Right, so if I may, let me read to you a couple of paragraphs out of the James versus Encore case.
[39:21.520 --> 39:24.520]  You will find these extremely interesting, and I believe, Randy,
[39:24.520 --> 39:32.520]  I have said over the years to you a number of times that debt buyers do not buy debt.
[39:32.520 --> 39:35.520]  They buy evidence of debt.
[39:35.520 --> 39:41.520]  They buy photographs of Ferrari and claim that they own a Ferrari.
[39:41.520 --> 39:48.520]  All right, so here's paragraph 23 out of James versus Encore.
[39:48.520 --> 39:51.520]  When defendants collectively purchase debt portfolios,
[39:51.520 --> 39:55.520]  such as the Capital One portfolio that contained the alleged James account,
[39:55.520 --> 40:04.520]  they do not actually purchase anything other than the theoretical claim of ownership.
[40:04.520 --> 40:09.520]  There are no notes assigned, no contracts are transferred.
[40:09.520 --> 40:13.520]  All the defendants actually purchased is an electronic list of consumers
[40:13.520 --> 40:20.520]  and their last known addresses with an amount the creditor claims to have been owed.
[40:20.520 --> 40:25.520]  Often the interest rate is not included, dates of birth, social securities are not included,
[40:25.520 --> 40:29.520]  and addresses have not been updated.
[40:29.520 --> 40:35.520]  Next paragraph, defendants do not actually purchase and receive credit contracts,
[40:35.520 --> 40:39.520]  their specific terms, payment history, sales, or billing documents,
[40:39.520 --> 40:45.520]  or other documents absolutely necessary to properly prosecute and collect a debt
[40:45.520 --> 40:52.520]  or even know with any reasonable degree of confidence that a specific debtor opened,
[40:52.520 --> 40:58.520]  used, and then failed to pay a debt in a specific account.
[40:58.520 --> 41:03.520]  But they always come into court and the attorneys will say,
[41:03.520 --> 41:11.520]  Your Honor, on such and such a date, the defendant executed a note and a deed of trust
[41:11.520 --> 41:13.520]  and blah, blah, blah, blah, blah, blah.
[41:13.520 --> 41:17.520]  That's hearsay.
[41:17.520 --> 41:20.520]  Sure it is.
[41:20.520 --> 41:24.520]  And it's also offering the court testimony.
[41:24.520 --> 41:27.520]  Lawyers are not allowed to testify.
[41:27.520 --> 41:31.520]  If he's going to testify, we need to get him sworn in and on the stand.
[41:31.520 --> 41:33.520]  Right, right.
[41:33.520 --> 41:37.520]  Well, actually what you may want to do on that is to grieve him
[41:37.520 --> 41:42.520]  and put the judge in an untenable position for violating his canons of judicial conduct
[41:42.520 --> 41:46.520]  because the judge is born to the attorney testifying,
[41:46.520 --> 41:51.520]  which violates his code of professional conduct.
[41:51.520 --> 41:53.520]  Hello.
[41:53.520 --> 41:55.520]  That's kind of a mouthful, isn't it?
[41:55.520 --> 41:58.520]  That sounds like fun.
[41:58.520 --> 42:02.520]  It is exactly the kind of things pro-says need to do.
[42:02.520 --> 42:03.520]  Right.
[42:03.520 --> 42:12.520]  Because the judge needs to be reminded that while we may just be an ignorant pro-say,
[42:12.520 --> 42:17.520]  we're not in his court dangling by any bar card.
[42:17.520 --> 42:18.520]  No.
[42:18.520 --> 42:21.520]  And we can sting him good.
[42:21.520 --> 42:26.520]  Okay. Well, it goes on, that's just in the paragraph 23 and 24.
[42:26.520 --> 42:34.520]  Keep in mind, this is page 6 of 36 of the amended complaint.
[42:34.520 --> 42:38.520]  Now, one of the things that they have also been guilty of is
[42:38.520 --> 42:42.520]  faults and misleading affidavits.
[42:42.520 --> 42:46.520]  But the people who were signing these things don't necessarily know
[42:46.520 --> 42:50.520]  that they're faults and misleading affidavits
[42:50.520 --> 42:55.520]  because in-house counsel has changed the definition of the screen
[42:55.520 --> 42:58.520]  that they're looking at.
[42:58.520 --> 43:05.520]  What is referred to as a verification screen is a copy of a screen
[43:05.520 --> 43:11.520]  that the remote debt collecting attorney filled out in order to get an affidavit.
[43:11.520 --> 43:19.520]  So he filled out a screen from his remote computer after he logged in,
[43:19.520 --> 43:23.520]  and he said that basically filled out the form of,
[43:23.520 --> 43:27.520]  I need an affidavit for so-and-so-and-so-and-so who lives at so-and-so-and-so-and-so,
[43:27.520 --> 43:34.520]  who opened the account on January the 35th, 1984,
[43:34.520 --> 43:38.520]  and failed to make payments.
[43:38.520 --> 43:43.520]  It was $14,000.
[43:43.520 --> 43:45.520]  Okay. Hang on just a moment.
[43:45.520 --> 43:47.520]  We're about to go to break.
[43:47.520 --> 43:50.520]  This is Randy Kelton, Steve Skidmore, Rudeball Radio.
[43:50.520 --> 43:54.520]  Our phone lines are open, 512-646-1984.
[43:54.520 --> 43:56.520]  Give us a call. Get in line.
[43:56.520 --> 44:02.520]  We'll be right back.
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[46:14.520 --> 46:38.520]  Welcome back to Rule of Law Radio, folks.
[46:38.520 --> 46:48.520]  512-646-1984. Looks like we've got a full board, but call in, or keep trying to call in, and we'll get you on.
[46:48.520 --> 46:54.520]  Jeff, in Maryland, we were speaking with you before we went to break, sir, and I'm sorry about the break.
[46:54.520 --> 46:59.520]  I know it's a pattern interruption, but let's pick up where...
[46:59.520 --> 47:02.520]  You've got a pretty good memory. Let's pick up where we left off.
[47:02.520 --> 47:08.520]  Okay, just to refresh, we have a remote debt collecting attorney filling out a form
[47:08.520 --> 47:18.520]  and submitting it to Midland Credit Management, Encore, Midland Funding, I'm not sure which.
[47:18.520 --> 47:27.520]  And the next morning, all the submissions for the previous day are printed.
[47:27.520 --> 47:34.520]  You know, there might be three, four, 500 of them. And they're divided up amongst a group of people
[47:34.520 --> 47:42.520]  who are going to verify and sign them. And what they do is they go over to the verification screen,
[47:42.520 --> 47:50.520]  which is tantamount to nothing more than a screen where the attorney had filled in the fields.
[47:50.520 --> 47:57.520]  Okay, let me get this. I'm the guy working there, and I pull up this screen.
[47:57.520 --> 48:07.520]  And my perception of the screen is that this is information that has been verified by my company
[48:07.520 --> 48:17.520]  and put into this file, and I open this file and look at it and verify that what is supposed to be there
[48:17.520 --> 48:20.520]  is actually what I find there.
[48:20.520 --> 48:29.520]  Which you find there is actually the information on the affidavit that they're about to sign and have notarized.
[48:29.520 --> 48:36.520]  So it has nothing to do with what may or may not be in the company records,
[48:36.520 --> 48:40.520]  but only what the lawyer wants to be in the company records.
[48:40.520 --> 48:53.520]  Right. Right. Now, does this give you an idea how come no debtor,
[48:53.520 --> 49:02.520]  whether they were pro se or represented by an attorney, stood a chance in hell if they were prevailing?
[49:02.520 --> 49:06.520]  Because if they brought that particular affidavit into court, they'd say,
[49:06.520 --> 49:15.520]  well, yeah, I checked the records, and the record says, because as far as he knows,
[49:15.520 --> 49:24.520]  and according to the in-house counsel, that verification screen is the supposed debtor's record.
[49:24.520 --> 49:28.520]  So what we would have to ask them is…
[49:28.520 --> 49:31.520]  They have to know to ask them, and if they don't know to ask them…
[49:31.520 --> 49:36.520]  Right. That is a very clever maneuver.
[49:36.520 --> 49:40.520]  The question I'd ask is what record did you check?
[49:40.520 --> 49:41.520]  Pardon?
[49:41.520 --> 49:44.520]  What record did you check?
[49:44.520 --> 49:47.520]  Where did the record come from? Define the record.
[49:47.520 --> 49:55.520]  If you read these affidavits, they're actually designed to lend themselves to these kinds of procedures,
[49:55.520 --> 50:01.520]  because the way the affidavit is written is the person says,
[50:01.520 --> 50:09.520]  I am familiar with the record-keeping processes of this company,
[50:09.520 --> 50:15.520]  and these records are based on the record-keeping process of the company,
[50:15.520 --> 50:22.520]  and the speaker could be speaking in all good faith.
[50:22.520 --> 50:35.520]  Yes, very much so, and if you do not know what's going on underneath all of this, you're sunk.
[50:35.520 --> 50:36.520]  Pardon me.
[50:36.520 --> 50:37.520]  Bless you.
[50:37.520 --> 50:41.520]  How many attorneys do you suppose know about this?
[50:41.520 --> 50:44.520]  I'm surprised there was one that ever…
[50:44.520 --> 50:49.520]  Somehow I think somebody else stuffed this down the attorney's throat.
[50:49.520 --> 50:54.520]  Well, what happened was, and the reason why I refer back to BRIM,
[50:54.520 --> 51:02.520]  is because all the depositions and whatnot that took place during the BRIM case exposed this.
[51:02.520 --> 51:16.520]  So they were able to bring in the depositions from the BRIM case to support the claims that are contained in the amended complaint.
[51:16.520 --> 51:28.520]  So is there an indication in this case that this is a widespread practice?
[51:28.520 --> 51:33.520]  Well, let me put it this way.
[51:33.520 --> 51:44.520]  Previously, there was a consent order that Encore was a part of that said they weren't going to do this anymore.
[51:44.520 --> 51:51.520]  That was two and a half, three years ago, further back than that, and they're still doing it.
[51:51.520 --> 51:53.520]  In fact, I know of one person…
[51:53.520 --> 51:55.520]  Wouldn't that be contempt?
[51:55.520 --> 52:10.520]  I know of one person who has a case that's in the appeals court now that is so close to the same sort of thing
[52:10.520 --> 52:17.520]  that you couldn't buy a McDonald's hamburger with a difference.
[52:17.520 --> 52:20.520]  And I mean the McDouble. I don't mean a quarter pounder.
[52:20.520 --> 52:24.520]  Right.
[52:24.520 --> 52:45.520]  So it's, in this case, was originally found by one of our students, and it got lost in the email and was discovered three days ago.
[52:45.520 --> 53:01.520]  So it has been flushed out, and when we discovered it, I can tell you we were like pinballs in the hands of a wizard bouncing from pillar to post with excitement.
[53:01.520 --> 53:29.520]  Now, also particularly interesting, and I think you will like this, Randy, is not only were they filing against Encore for violations under the FDCPA and the FCRA, they also filed under 18 U.S.C. 1961.
[53:29.520 --> 53:35.520]  The RICO.
[53:35.520 --> 53:47.520]  And that's why I say they waited until the 11th hour to settle, and if they hadn't, there is a strong possibility they'd have been shut down.
[53:47.520 --> 53:49.520]  Yeah. Yeah.
[53:49.520 --> 54:03.520]  Because under the rules with the law with the Civil RICO, if the jury came back and found them guilty, the law mandates that the organization be immediately shut down.
[54:03.520 --> 54:06.520]  And somebody's going to jail, too.
[54:06.520 --> 54:10.520]  I don't know about that.
[54:10.520 --> 54:12.520]  You can always hope for the best, but I wouldn't.
[54:12.520 --> 54:15.520]  Yeah, absolutely.
[54:15.520 --> 54:24.520]  The only bad actor in finance that I know of that's gone to jail is Madoff.
[54:24.520 --> 54:27.520]  And that's because he PO'd the bigger actors than him.
[54:27.520 --> 54:28.520]  Yep.
[54:28.520 --> 54:30.520]  Big fish eat little fish.
[54:30.520 --> 54:33.520]  Yeah, he's a little fish.
[54:33.520 --> 54:37.520]  Even though he made, what, $37 billion or something like that?
[54:37.520 --> 54:38.520]  Yeah.
[54:38.520 --> 54:41.520]  Because big fish, that was chunk change.
[54:41.520 --> 54:47.520]  So he was somebody they could throw under the bus and make it look like they actually did something.
[54:47.520 --> 54:49.520]  Yeah.
[54:49.520 --> 55:05.520]  Well, you remember the question of the perspective of the attorney general that was advanced by Obama.
[55:05.520 --> 55:22.520]  And one of the questions that was asked of her is, since the original settlement with HFBC was over $8 billion, how do you get reduced to $1.9 billion?
[55:22.520 --> 55:23.520]  Say that again.
[55:23.520 --> 55:26.520]  Are we talking about Sotomayor?
[55:26.520 --> 55:27.520]  No, no, no.
[55:27.520 --> 55:31.520]  No, no, she's, that's Supreme Court.
[55:31.520 --> 55:38.520]  The U.S. attorney out of New York is up for an appointment to attorney general.
[55:38.520 --> 55:40.520]  Okay, okay.
[55:40.520 --> 55:56.520]  Yeah, I can't remember the exact amount, but I think it started at $11 billion and got reduced to $1.9 billion for HFBC, which is not even a day's income for them.
[55:56.520 --> 56:00.520]  For money laundering.
[56:00.520 --> 56:03.520]  Going to dock them nearly a day's pay.
[56:03.520 --> 56:06.520]  Yeah, really.
[56:06.520 --> 56:08.520]  Not even a slap on the wrist.
[56:08.520 --> 56:11.520]  Somebody needs to slap Jeff on the back.
[56:11.520 --> 56:13.520]  Yeah.
[56:13.520 --> 56:15.520]  You still breathing?
[56:15.520 --> 56:22.520]  How can you have inhaled a bug when it's so cold in Maryland?
[56:22.520 --> 56:27.520]  It wasn't a bug, it was a snowflake.
[56:27.520 --> 56:33.520]  We'll come inside out of the snow, Jeff.
[56:33.520 --> 56:34.520]  Yeah, we got you.
[56:34.520 --> 56:36.520]  Thanks for the winter storm there, Randy.
[56:36.520 --> 56:39.520]  You are most welcome.
[56:39.520 --> 56:41.520]  I was glad to send it to you.
[56:41.520 --> 56:44.520]  Yeah, I bet you were.
[56:44.520 --> 56:56.520]  Yeah, I was, I called, I sent us a text to Pastor Massad in upstate New York the other day and told him that I was out in the yard mowing this morning.
[56:56.520 --> 56:58.520]  And I thought of you.
[56:58.520 --> 57:11.520]  And he sent a text back that said, that's why nobody likes you.
[57:11.520 --> 57:18.520]  He was in seven feet of snow and 20 below zero.
[57:18.520 --> 57:38.520]  Now, how do we, what I was looking for from the beginning is how do we take this case and use it as prima facie evidence of widespread wrongdoing so that it gives us grounds for discovery?
[57:38.520 --> 57:40.520]  Dan, I do not know.
[57:40.520 --> 57:44.520]  You might have to go to discovery.
[57:44.520 --> 57:50.520]  If you can make it to discovery, go to discovery and flesh this out.
[57:50.520 --> 57:56.520]  The hardest part is these guys.
[57:56.520 --> 57:57.520]  Okay, hang on.
[57:57.520 --> 57:58.520]  We're about to go to break.
[57:58.520 --> 57:59.520]  We've got about 50 seconds.
[57:59.520 --> 58:01.520]  But this is the top of the hour break, too.
[58:01.520 --> 58:06.520]  Yeah, and these bad guys, they will do everything they can to avoid discovery.
[58:06.520 --> 58:15.520]  So I'm looking for something that I can hold up and say, here's a precedent. Here are the kinds of things they're doing.
[58:15.520 --> 58:20.520]  And the evidence of these kinds of things is contained in their own records.
[58:20.520 --> 58:24.520]  We need discovery in order to flesh this out.
[58:24.520 --> 58:26.520]  That's what I need.
[58:26.520 --> 58:27.520]  We need to find.
[58:27.520 --> 58:30.520]  Randy Kelton, Steve Kitmore, RuPaul Radio.
[58:30.520 --> 58:33.520]  We still got 20 seconds.
[58:33.520 --> 58:39.520]  Oh, but I was going to drag this out until the last second.
[58:39.520 --> 58:44.520]  We only hold four callers on the caller bridge at one time.
[58:44.520 --> 58:48.520]  So if you can't get in right now, as soon as somebody drops off, call back in.
[58:48.520 --> 58:49.520]  We'll be right back.
[58:49.520 --> 58:53.520]  Would you like to make more definite progress in your walk with God?
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[59:12.520 --> 59:17.520]  The free books are a three-volume set called Basic Elements of the Christian Life.
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[01:00:02.520 --> 01:00:09.520]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:09.520 --> 01:00:13.520]  I'm Brian Hagan with your Liberty Beat for Friday, March 6, 2015.
[01:00:13.520 --> 01:00:21.520]  Gold is trading at $1,198, silver at $16.14, and bitcoin is trading around $271.
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[01:00:49.520 --> 01:00:57.520]  In the news, former Secretary of State Hillary Clinton has come under fire for using a personal email that may have compromised sensitive government intelligence.
[01:00:57.520 --> 01:01:03.520]  Clinton's emails have been subpoenaed by the House Committee investigating the 2012 terror attack in Benghazi.
[01:01:03.520 --> 01:01:09.520]  Security experts are seeking information on whether or not her email was encrypted and who had access to the account.
[01:01:09.520 --> 01:01:18.520]  On Thursday, Fox News reported a 2011 State Department email shows Clinton warning her employees not to use personal emails for security reasons,
[01:01:18.520 --> 01:01:24.520]  while at the same time conducting government business on her private account.
[01:01:24.520 --> 01:01:33.520]  The Maryland Child Protective Services has found a couple guilty of unsubstantiated child neglect for allowing their children to walk home alone from a neighborhood park.
[01:01:33.520 --> 01:01:42.520]  Danielle and Alexander Madoff of Silver Springs, Maryland have been under investigation by the CPS since December for their free-range parenting philosophy.
[01:01:42.520 --> 01:01:48.520]  No criminal charges have been filed against the parents. It remains to be seen what actions the CPS will take.
[01:01:48.520 --> 01:01:59.520]  The couple told Nightline in an email that they were shocked and outraged that they had been deemed negligent for giving their children simple freedom to play outdoors.
[01:01:59.520 --> 01:02:05.520]  The last letter supposedly written by recently murdered Russian opposition activist Boris Nemtsov has been discovered.
[01:02:05.520 --> 01:02:16.520]  Nemtsov's close friend, Olga Sharina, showed Reuters a letter that seemed to indicate the activist was investigating claims that Moscow has been backing separatist fighters in eastern Ukraine.
[01:02:16.520 --> 01:02:18.520]  The claims could not be immediately verified.
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[01:02:50.520 --> 01:02:55.520]  This is the Liberty Beat for Friday, March 6, 2015.
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[01:03:25.520 --> 01:03:31.520]  Welcome back to Rural Law Radio, folks.
[01:03:31.520 --> 01:03:38.520]  Caught a rash of guff from Randy for stepping in the middle of him, getting him all confused.
[01:03:38.520 --> 01:03:48.520]  We've managed to get Jeff on the guest bridge and we've been talking over the break and we may have found a solution as to how to bring this in.
[01:03:48.520 --> 01:03:53.520]  This being an FDCPA claim, is that correct, Jeff?
[01:03:53.520 --> 01:04:01.520]  It was both FDCPA and CRA, along with Civil Rico.
[01:04:01.520 --> 01:04:13.520]  If you go and look up 18 U.S.C. 1961, 18 U.S.C. 1961, what that basically is, is extortion.
[01:04:13.520 --> 01:04:16.520]  Attempting to collect money, this and that.
[01:04:16.520 --> 01:04:24.520]  My point pertinent to this is though that these are all federal statutes, so that creates a federal question that puts you in the federal venue.
[01:04:24.520 --> 01:04:25.520]  Yes.
[01:04:25.520 --> 01:04:26.520]  Now.
[01:04:26.520 --> 01:04:32.520]  And I'll tell you, federal courts are far more friendly to pro se than state courts.
[01:04:32.520 --> 01:04:34.520]  Depends on the judge.
[01:04:34.520 --> 01:04:40.520]  Well, yeah, there are some exceptions such as the Northern District of Texas.
[01:04:40.520 --> 01:04:42.520]  Yeah.
[01:04:42.520 --> 01:04:43.520]  Pretty much.
[01:04:43.520 --> 01:04:46.520]  Yeah, Sam Sparks wrote Rule 1 and Rule 2.
[01:04:46.520 --> 01:04:48.520]  Rule 1, banks win.
[01:04:48.520 --> 01:04:51.520]  Rule 2, see Rule 1.
[01:04:51.520 --> 01:04:52.520]  Yeah.
[01:04:52.520 --> 01:04:53.520]  Yeah.
[01:04:53.520 --> 01:04:57.520]  But it makes sense if you go in with an argument like this.
[01:04:57.520 --> 01:05:04.520]  Now, over the break, we were discussing how can you use this as case precedence?
[01:05:04.520 --> 01:05:06.520]  And that's where I'm going to hand it over to the two of you.
[01:05:06.520 --> 01:05:09.520]  Well, not really case precedent.
[01:05:09.520 --> 01:05:11.520]  Well, how can you bring this into your case?
[01:05:11.520 --> 01:05:13.520]  Yeah.
[01:05:13.520 --> 01:05:26.520]  How can we use this case as reason to believe that the same behavior may be going on with a different lender?
[01:05:26.520 --> 01:05:28.520]  Debt collector.
[01:05:28.520 --> 01:05:31.520]  I'm sorry, debt collector.
[01:05:31.520 --> 01:05:44.520]  And since this is such a sophisticated issue, the information to indicate that this is going on would be contained by the company itself.
[01:05:44.520 --> 01:05:51.520]  And the only way to discover this is being given access to discovery.
[01:05:51.520 --> 01:05:52.520]  Right.
[01:05:52.520 --> 01:05:56.520]  Well, you'll get that in federal court.
[01:05:56.520 --> 01:06:01.520]  Well, this kind of goes, I was just reading the Jenkins case today.
[01:06:01.520 --> 01:06:11.520]  And it's a California case that essentially says that once somebody claims authority to foreclose,
[01:06:11.520 --> 01:06:22.520]  you can't challenge that their authority or anything about the foreclosure without tendering the full amount of the note.
[01:06:22.520 --> 01:06:30.520]  Well, that would render the issue moot because you're saying this guy don't have standing.
[01:06:30.520 --> 01:06:35.520]  And the court's saying, well, in order for you to make that claim, you have to pay them all the money.
[01:06:35.520 --> 01:06:37.520]  They're demanding that you pay them.
[01:06:37.520 --> 01:06:41.520]  Well, after they got the money, heck, it don't make any difference anymore.
[01:06:41.520 --> 01:06:44.520]  Because even if I prove it, they got the money.
[01:06:44.520 --> 01:06:46.520]  Now I've got to try to get back from them.
[01:06:46.520 --> 01:06:48.520]  They can non-suit and go away at that point.
[01:06:48.520 --> 01:06:58.520]  So in the Jenkins case, and the reason they said this was in reading the case carefully,
[01:06:58.520 --> 01:07:05.520]  what it said was it's simply making a claim of lack of standing
[01:07:05.520 --> 01:07:12.520]  and demanding that the other side prove up their standing was unduly onerous and costly.
[01:07:12.520 --> 01:07:18.520]  Absent specific facts to support the claim.
[01:07:18.520 --> 01:07:21.520]  And that was the key language in there.
[01:07:21.520 --> 01:07:24.520]  It's specific facts to support the claim.
[01:07:24.520 --> 01:07:30.520]  So the facts that we need are held by the other side.
[01:07:30.520 --> 01:07:33.520]  They're not going to give them to us.
[01:07:33.520 --> 01:07:36.520]  The last thing they're going to do is say, hey, come over here and look in this file.
[01:07:36.520 --> 01:07:40.520]  This is where we really screwed up, guys.
[01:07:40.520 --> 01:07:45.520]  If we're going to get to that, we're going to need discovery.
[01:07:45.520 --> 01:07:51.520]  And while I was hoping, on the break I asked the question, what software did they use?
[01:07:51.520 --> 01:07:54.520]  Because we're working with a lawyer here who used to work for Bank of America,
[01:07:54.520 --> 01:08:02.520]  and he's saying that in trying to make a deal with the banks,
[01:08:02.520 --> 01:08:09.520]  the software they use to approve these deals that we would offer is called Equate.
[01:08:09.520 --> 01:08:15.520]  It's huge, powerful software, and all the banks are using it.
[01:08:15.520 --> 01:08:19.520]  What I don't know about Equate is how if it's that big, it's probably very extensive,
[01:08:19.520 --> 01:08:25.520]  and there's a good chance that Encore is using Equate,
[01:08:25.520 --> 01:08:29.520]  and the other banks are using the same type of software.
[01:08:29.520 --> 01:08:34.520]  If I could make that connection, then I can say,
[01:08:34.520 --> 01:08:41.520]  if this company used this software to perpetrate this fraud,
[01:08:41.520 --> 01:08:47.520]  it is reasonable to consider that another company using the same software
[01:08:47.520 --> 01:08:52.520]  would learn from this company and do the same kinds of,
[01:08:52.520 --> 01:08:59.520]  perpetrate the same kind of frauds because they obviously can using the software.
[01:08:59.520 --> 01:09:05.520]  If I could find something like that, then we've got a door here. Go ahead, Jeff.
[01:09:05.520 --> 01:09:15.520]  I still think that your keynote or your keystone for this is the affidavit.
[01:09:15.520 --> 01:09:17.520]  Hold on, you broke up just a little bit there.
[01:09:17.520 --> 01:09:19.520]  Yeah, a little bit.
[01:09:19.520 --> 01:09:24.520]  All right. I'll say about changing my location, but it'll take me a moment to do that.
[01:09:24.520 --> 01:09:25.520]  When I said that, I still...
[01:09:25.520 --> 01:09:27.520]  No, you're sounding good now.
[01:09:27.520 --> 01:09:31.520]  Okay, the keystone to this is the affidavit,
[01:09:31.520 --> 01:09:35.520]  and I think it's also the weakest point.
[01:09:35.520 --> 01:09:39.520]  It stands to reason that if the affidavit...
[01:09:39.520 --> 01:09:42.520]  Was the affidavit in...
[01:09:42.520 --> 01:09:45.520]  Oh dear, what was that case?
[01:09:45.520 --> 01:09:47.520]  James?
[01:09:47.520 --> 01:09:51.520]  No, in Breham. Hang on, in Breham.
[01:09:51.520 --> 01:09:55.520]  Was the affidavit offered as evidence?
[01:09:55.520 --> 01:09:56.520]  Yep.
[01:09:56.520 --> 01:09:58.520]  Okay, so then you can...
[01:09:58.520 --> 01:09:59.520]  Well, hang on.
[01:09:59.520 --> 01:10:02.520]  Then now you can go to the Breham affidavit and say,
[01:10:02.520 --> 01:10:08.520]  we've got the same language in the Breham affidavit as we have in this instant case.
[01:10:08.520 --> 01:10:11.520]  There's your nexus there. I tend to agree with you.
[01:10:11.520 --> 01:10:12.520]  It's exactly where it's going.
[01:10:12.520 --> 01:10:20.520]  Of all the affidavits that I've seen, they're all structured almost identical.
[01:10:20.520 --> 01:10:20.520]  Yes.
[01:10:20.520 --> 01:10:22.520]  No matter what bank it is.
[01:10:22.520 --> 01:10:27.520]  So that could actually create the nexus.
[01:10:27.520 --> 01:10:33.520]  I think that's your weakest link.
[01:10:33.520 --> 01:10:35.520]  I believe you're right.
[01:10:35.520 --> 01:10:39.520]  And remember, as I've also have long said,
[01:10:39.520 --> 01:10:47.520]  the affiant is never affirmatively identified.
[01:10:47.520 --> 01:10:52.520]  Well, at this point, he wouldn't really have to be.
[01:10:52.520 --> 01:10:56.520]  You wouldn't necessarily need to depose him after that.
[01:10:56.520 --> 01:11:01.520]  No, hold on. That's not exactly what Jeff is going to, I believe.
[01:11:01.520 --> 01:11:10.520]  Jeff, will you explain that again for those who haven't heard what you mean by he is not adequately identified?
[01:11:10.520 --> 01:11:20.520]  I'd say affirmatively. There's a number of parallels.
[01:11:20.520 --> 01:11:28.520]  Let's drag out Perry Mason or the other guy that was a lawyer on television.
[01:11:28.520 --> 01:11:29.520]  Iron Sides?
[01:11:29.520 --> 01:11:32.520]  They get, pardon? Matlock.
[01:11:32.520 --> 01:11:34.520]  Matlock.
[01:11:34.520 --> 01:11:43.520]  Right. And prosecution puts somebody from a forensic lab on the stand.
[01:11:43.520 --> 01:11:52.520]  And the first thing they do is examine him for his authority to speak.
[01:11:52.520 --> 01:11:55.520]  Do you ever see that in an affidavit?
[01:11:55.520 --> 01:11:56.520]  No.
[01:11:56.520 --> 01:12:10.520]  If you ever went into a traffic court, the first thing the prosecutor does is ask the policeman a whole bunch of questions about his professional standing.
[01:12:10.520 --> 01:12:11.520]  Yes.
[01:12:11.520 --> 01:12:14.520]  That's exactly what he's doing. And when we see the affidavits.
[01:12:14.520 --> 01:12:16.520]  He's trying to qualify him as a witness.
[01:12:16.520 --> 01:12:17.520]  Right.
[01:12:17.520 --> 01:12:20.520]  We don't have that kind of qualifications.
[01:12:20.520 --> 01:12:31.520]  No. In fact, if you sit down and just basically divide the affidavit in half.
[01:12:31.520 --> 01:12:43.520]  And the lower half being all the facts about the death and the upper half being the facts stated by the affiant as to who the affiant is.
[01:12:43.520 --> 01:12:49.520]  Those facts never get challenged.
[01:12:49.520 --> 01:12:52.520]  Well, I'm the custodian of records. Well, who says improve it?
[01:12:52.520 --> 01:12:58.520]  And I've examined the records. What records? Where are the records that you examined?
[01:12:58.520 --> 01:13:00.520]  Where did the records come from?
[01:13:00.520 --> 01:13:06.520]  Well, who says improve it? They're never affirmatively identified.
[01:13:06.520 --> 01:13:09.520]  Gotcha.
[01:13:09.520 --> 01:13:22.520]  And, you know, I've been saying this for years and it wasn't until about six months ago when I said that to an attorney that somebody finally got what I was saying.
[01:13:22.520 --> 01:13:35.520]  You know, you've got a person speaking on behalf of the company who is evidently, because they're speaking on behalf of the company, is an agent.
[01:13:35.520 --> 01:13:41.520]  And Randy, what's your favorite aphorism about agents?
[01:13:41.520 --> 01:13:46.520]  Agency cannot be proven out of the mouth of the agent.
[01:13:46.520 --> 01:13:49.520]  Must be proven from the mouth of the principal.
[01:13:49.520 --> 01:13:52.520]  Right. Have you ever seen any proof of that?
[01:13:52.520 --> 01:13:55.520]  Nope.
[01:13:55.520 --> 01:13:57.520]  Rest my case.
[01:13:57.520 --> 01:14:01.520]  Rest my case.
[01:14:01.520 --> 01:14:06.520]  Don't get too much rest. At your age, you might fall asleep.
[01:14:06.520 --> 01:14:11.520]  Well, I've been sick for the last few weeks, so I'm kind of weak as it is right now anyhow.
[01:14:11.520 --> 01:14:14.520]  Well, then you would deserve some rest after this.
[01:14:14.520 --> 01:14:35.520]  But I think if, you know, you can find both the transcript from the Brim case as well as the amended complaint for the James v. Encore on my website.
[01:14:35.520 --> 01:14:38.520]  Go ahead and give that URL out.
[01:14:38.520 --> 01:14:45.520]  All right. It's voidjudgments.net or voidjudgments.com.
[01:14:45.520 --> 01:14:49.520]  And you want to go to the In the News page.
[01:14:49.520 --> 01:14:52.520]  Void judgments, plural.
[01:14:52.520 --> 01:14:54.520]  Plural, right.
[01:14:54.520 --> 01:14:56.520]  Okay.
[01:14:56.520 --> 01:15:04.520]  And you go to, you scroll down to the bottom of the first page, and there's a link that says what's in the news, and you click on that link.
[01:15:04.520 --> 01:15:11.520]  And right there at the top, you'll see the James v. Encore under March the 6th.
[01:15:11.520 --> 01:15:12.520]  Nice.
[01:15:12.520 --> 01:15:14.520]  And it's been there.
[01:15:14.520 --> 01:15:29.520]  I'd like to revisit something, something very important out of this in that it almost put, not Midland, who did it almost put out of business?
[01:15:29.520 --> 01:15:30.520]  Encore.
[01:15:30.520 --> 01:15:32.520]  Almost put Encore out of business.
[01:15:32.520 --> 01:15:47.520]  Now, it's my understanding through prior conversation that what kept Encore from going out of business is at the last minute, they accepted a settlement offer.
[01:15:47.520 --> 01:15:51.520]  Well, that's not quite true, but almost true.
[01:15:51.520 --> 01:15:52.520]  Okay.
[01:15:52.520 --> 01:15:56.520]  The potential for them to be put out of business was there.
[01:15:56.520 --> 01:16:05.520]  That's what I want to go back to is to how do we, what would they have had to do?
[01:16:05.520 --> 01:16:07.520]  What would James have had to do?
[01:16:07.520 --> 01:16:11.520]  Just deny the settlement and let them go belly up?
[01:16:11.520 --> 01:16:14.520]  How can we get these guys put out of business?
[01:16:14.520 --> 01:16:23.520]  What had to have occurred is for, and I don't remember if they requested a jury trial or not,
[01:16:23.520 --> 01:16:35.520]  but if they'd requested a jury trial, the jury would have had to have found them guilty of the RICO allegations that are contained within the amended complaint.
[01:16:35.520 --> 01:16:40.520]  I hear that music in the background.
[01:16:40.520 --> 01:16:43.520]  A guilty finding would have been sudden death.
[01:16:43.520 --> 01:16:44.520]  Yes.
[01:16:44.520 --> 01:16:45.520]  Yes.
[01:16:45.520 --> 01:16:48.520]  By operation of law.
[01:16:48.520 --> 01:16:53.520]  512-646-1984, we have one more spot on the board.
[01:16:53.520 --> 01:16:56.520]  Call it and we'll get to you right after this break.
[01:16:56.520 --> 01:17:00.520]  Stay tuned.
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[01:19:25.520 --> 01:19:36.520]  Well, ain't gonna fool me with that same old trick again.
[01:19:36.520 --> 01:19:41.520]  I was blindsided but now I can see your plans.
[01:19:41.520 --> 01:19:46.520]  You put the fear in my pocket, took the money from my hands.
[01:19:46.520 --> 01:19:55.520]  Ain't gonna fool me with that same old trick again.
[01:19:55.520 --> 01:20:09.520]  Ain't gonna fool me.
[01:20:09.520 --> 01:20:16.520]  Okay, we are back. Randy Kelton, Steve Skidmore, Wheel of Law Radio here with Jeff Cedric.
[01:20:16.520 --> 01:20:21.520]  And Jeff, you wanted to talk about the RICO aspect of this case.
[01:20:21.520 --> 01:20:32.520]  Yeah. RICO is something that has been talked about and bandied about by a lot of pro-says on Infinitum.
[01:20:32.520 --> 01:20:39.520]  And I'm no expert on it, but from what I can see in this particular case,
[01:20:39.520 --> 01:20:44.520]  the RICO pleadings that are contained in this particular case are sufficient.
[01:20:44.520 --> 01:20:49.520]  That is, they're not gonna get tossed out under 12-B-6.
[01:20:49.520 --> 01:20:52.520]  That it's good enough.
[01:20:52.520 --> 01:20:56.520]  So you might want to take that and really give it a look over to see what's contained in there
[01:20:56.520 --> 01:21:03.520]  and see how comprehensive it is in order for the RICO complaint to be sufficient.
[01:21:03.520 --> 01:21:05.520]  That's about it.
[01:21:05.520 --> 01:21:12.520]  I'd say if it's a debt collector, it's pretty much a copy-paste and change the names to accuse the guilty.
[01:21:12.520 --> 01:21:16.520]  Well, I don't know about that one.
[01:21:16.520 --> 01:21:30.520]  I know that the Wheeler v. Capital One case of about two or three years ago came very close to RICO,
[01:21:30.520 --> 01:21:32.520]  but they didn't actually file a RICO complaint.
[01:21:32.520 --> 01:21:36.520]  What they did is they sued Capital One Services, LLC,
[01:21:36.520 --> 01:21:42.520]  and every attorney throughout the United States that had represented Capital One.
[01:21:42.520 --> 01:21:44.520]  Ooh.
[01:21:44.520 --> 01:21:47.520]  That's pretty close to being a RICO.
[01:21:47.520 --> 01:21:48.520]  Yeah.
[01:21:48.520 --> 01:21:57.520]  And that kind of exposure could conceivably exist in James v. Encore
[01:21:57.520 --> 01:22:03.520]  because the attorneys, though may not have been a direct member of the family,
[01:22:03.520 --> 01:22:07.520]  they were participating in the enterprise.
[01:22:07.520 --> 01:22:09.520]  And that would have been...
[01:22:09.520 --> 01:22:12.520]  How many does it take to conspire?
[01:22:12.520 --> 01:22:14.520]  Two.
[01:22:14.520 --> 01:22:15.520]  Or more.
[01:22:15.520 --> 01:22:17.520]  Unless you're schizophrenic.
[01:22:17.520 --> 01:22:19.520]  It only takes one.
[01:22:19.520 --> 01:22:23.520]  Maybe one and a half.
[01:22:23.520 --> 01:22:30.520]  But if that had gone forward, there would have been the potential of probably a couple of 3,000 attorneys
[01:22:30.520 --> 01:22:34.520]  who would have been barred from practicing law for the rest of their lives.
[01:22:34.520 --> 01:22:37.520]  Oh, hallelujah.
[01:22:37.520 --> 01:22:41.520]  I'm going to have to study that and look at the RICO side.
[01:22:41.520 --> 01:22:48.520]  If we start putting RICOs in front of them, it's sort of like playing Russian roulette.
[01:22:48.520 --> 01:22:57.520]  Well, you've got to be careful with that, Randy, because you do not want your case to be declared frivolous.
[01:22:57.520 --> 01:23:00.520]  That could be very costly if you do.
[01:23:00.520 --> 01:23:07.520]  That's why I've never done a RICO, because RICOs are far more complex than your standard civil.
[01:23:07.520 --> 01:23:16.520]  If these guys have waded through the complexity on a specific issue,
[01:23:16.520 --> 01:23:21.520]  then I pull out my most highly honed skill.
[01:23:21.520 --> 01:23:22.520]  Plagiarism.
[01:23:22.520 --> 01:23:26.520]  Absolutely.
[01:23:26.520 --> 01:23:38.520]  Well, as far as I'm concerned, I'm no expert, but to me, the cause of action for RICO looks sufficient.
[01:23:38.520 --> 01:23:43.520]  So you may want to take a look at that, and if I'm mistaken, let me know, Randy.
[01:23:43.520 --> 01:23:49.520]  I will definitely have a look at that, because now you have really got my attention.
[01:23:49.520 --> 01:23:57.520]  But I'm at the point to where I don't expect to win at bar.
[01:23:57.520 --> 01:24:02.520]  And we have a lot of people in the legal reform community that are somewhat naive,
[01:24:02.520 --> 01:24:09.520]  and they think they can go out there and fight the good fight and win the whole enchilada.
[01:24:09.520 --> 01:24:14.520]  Well, the courts are corrupt. They're absolutely corrupt.
[01:24:14.520 --> 01:24:19.520]  You'll never win your case simply because you have the law and the facts on your side.
[01:24:19.520 --> 01:24:21.520]  I'll testify to that.
[01:24:21.520 --> 01:24:23.520]  To think so is naive.
[01:24:23.520 --> 01:24:27.520]  You'll only win your case if you have the politics on your side,
[01:24:27.520 --> 01:24:33.520]  and a good RICO challenge generates some serious politics.
[01:24:33.520 --> 01:24:43.520]  At very least, if your pleading is at one point and it's not considered frivolous,
[01:24:43.520 --> 01:24:55.520]  at the very least, it's the leverage you need to come out with one wallop of assailant.
[01:24:55.520 --> 01:24:59.520]  We can get a number of RICO suits filed.
[01:24:59.520 --> 01:25:06.520]  You know, the pressure we put on the banks is all about the money.
[01:25:06.520 --> 01:25:09.520]  And a lawyer can't say this.
[01:25:09.520 --> 01:25:12.520]  Let's see how much money we can cost them.
[01:25:12.520 --> 01:25:15.520]  They'll jerk his bar card.
[01:25:15.520 --> 01:25:22.520]  But fortunately, you and I are not going into court dangling from our bar cards.
[01:25:22.520 --> 01:25:29.520]  Well, unless I'm mistaken, you had Richard Cornforth on your show here a few months back, right, Randy?
[01:25:29.520 --> 01:25:31.520]  Yes, I did.
[01:25:31.520 --> 01:25:32.520]  Okay.
[01:25:32.520 --> 01:25:38.520]  Richard has been recommending RICO for the last six, seven years that I know of,
[01:25:38.520 --> 01:25:47.520]  but I've not been able to find anyone that's been able to put a RICO cause of action that was sufficient before the courts.
[01:25:47.520 --> 01:25:50.520]  And this appears to be sufficient.
[01:25:50.520 --> 01:25:57.520]  Yeah, I want to see how these guys did it because you almost have to have some inside information
[01:25:57.520 --> 01:26:02.520]  because with RICO, you can't go in with speculation and inference.
[01:26:02.520 --> 01:26:05.520]  No, no, no, no, you can't.
[01:26:05.520 --> 01:26:12.520]  It's always been my opinion that RICO was reserved for the federal prosecutors
[01:26:12.520 --> 01:26:21.520]  because they came up with RICO to go after Al Capone and they did it successfully.
[01:26:21.520 --> 01:26:25.520]  But then they didn't get him with RICO, they got him with the IRS.
[01:26:25.520 --> 01:26:26.520]  Right.
[01:26:26.520 --> 01:26:32.520]  They did not get him on personal income tax.
[01:26:32.520 --> 01:26:33.520]  Right.
[01:26:33.520 --> 01:26:37.520]  They got him under Title 27.
[01:26:37.520 --> 01:26:40.520]  Wake up, Randy.
[01:26:40.520 --> 01:26:42.520]  Okay.
[01:26:42.520 --> 01:26:45.520]  Title 27 in the ATF?
[01:26:45.520 --> 01:26:48.520]  They got alcohol, tobacco and firearms.
[01:26:48.520 --> 01:26:54.520]  He was importing alcohol and making alcohol.
[01:26:54.520 --> 01:26:57.520]  So it was not 26 personal income.
[01:26:57.520 --> 01:27:00.520]  It was 27.
[01:27:00.520 --> 01:27:08.520]  And people, you know, that harkens back to who did Robin Hood take from?
[01:27:08.520 --> 01:27:10.520]  The rich.
[01:27:10.520 --> 01:27:12.520]  No.
[01:27:12.520 --> 01:27:24.520]  If you know anything about the social structure at that time, he was taking from the tax collectors.
[01:27:24.520 --> 01:27:26.520]  The lords collected tax.
[01:27:26.520 --> 01:27:29.520]  The church taxed people.
[01:27:29.520 --> 01:27:33.520]  And so he takes from the friars and the cardinals and the bishops and whatnot.
[01:27:33.520 --> 01:27:41.520]  And he was taking from the tax collector and giving it back to the people who had been taxed.
[01:27:41.520 --> 01:27:42.520]  Okay.
[01:27:42.520 --> 01:27:43.520]  Gotcha.
[01:27:43.520 --> 01:27:44.520]  So goes that myth.
[01:27:44.520 --> 01:27:45.520]  Sorry.
[01:27:45.520 --> 01:27:46.520]  Anyway.
[01:27:46.520 --> 01:27:47.520]  Not I.
[01:27:47.520 --> 01:27:49.520]  Well, I do now.
[01:27:49.520 --> 01:27:55.520]  I'll leave you with that to think about and look forward to next engagement.
[01:27:55.520 --> 01:27:56.520]  Thank you, Jeff.
[01:27:56.520 --> 01:27:57.520]  Have a good weekend.
[01:27:57.520 --> 01:28:00.520]  Thank you very much for bringing that to our attention.
[01:28:00.520 --> 01:28:01.520]  You're welcome.
[01:28:01.520 --> 01:28:05.520]  This certainly deserves a lot deeper research.
[01:28:05.520 --> 01:28:07.520]  Yes.
[01:28:07.520 --> 01:28:10.520]  So have a good weekend and I'll talk to you again soon.
[01:28:10.520 --> 01:28:11.520]  Likewise.
[01:28:11.520 --> 01:28:13.520]  Thank you for calling in.
[01:28:13.520 --> 01:28:14.520]  You're welcome.
[01:28:14.520 --> 01:28:17.520]  Bye bye.
[01:28:17.520 --> 01:28:22.520]  Well, Randy, it sounds like that one's got some teeth, man.
[01:28:22.520 --> 01:28:26.520]  I certainly am going to be studying that case.
[01:28:26.520 --> 01:28:27.520]  Yeah.
[01:28:27.520 --> 01:28:32.520]  And to revisit, what is the style of that case?
[01:28:32.520 --> 01:28:34.520]  It is James.
[01:28:34.520 --> 01:28:36.520]  I'll have to bring it back up here.
[01:28:36.520 --> 01:28:38.520]  I've got it here.
[01:28:38.520 --> 01:28:40.520]  There we go.
[01:28:40.520 --> 01:28:45.520]  It is Gilbert James versus Encore Capital Court.
[01:28:45.520 --> 01:28:46.520]  Okay.
[01:28:46.520 --> 01:28:55.520]  It is a United States District Court for the Eastern District of Virginia.
[01:28:55.520 --> 01:28:56.520]  Okay.
[01:28:56.520 --> 01:28:58.520]  Now we're going to go to call boards.
[01:28:58.520 --> 01:29:01.520]  We've got about a minute left.
[01:29:01.520 --> 01:29:05.520]  Jimmy, what do you have for us?
[01:29:05.520 --> 01:29:06.520]  Hello, Randy.
[01:29:06.520 --> 01:29:07.520]  Dave, how are you guys?
[01:29:07.520 --> 01:29:08.520]  Good.
[01:29:08.520 --> 01:29:09.520]  We're good.
[01:29:09.520 --> 01:29:11.520]  Quick synopsis before break.
[01:29:11.520 --> 01:29:13.520]  Fifty seconds.
[01:29:13.520 --> 01:29:19.520]  I'm just basically calling you guys to give you an update on my experience in court a couple of days ago.
[01:29:19.520 --> 01:29:21.520]  Okay.
[01:29:21.520 --> 01:29:25.520]  Is this a criminal or civil matter?
[01:29:25.520 --> 01:29:26.520]  Criminal matter.
[01:29:26.520 --> 01:29:27.520]  Okay.
[01:29:27.520 --> 01:29:28.520]  Okay.
[01:29:28.520 --> 01:29:29.520]  Okay.
[01:29:29.520 --> 01:29:30.520]  Hang on.
[01:29:30.520 --> 01:29:31.520]  We're about to go to break.
[01:29:31.520 --> 01:29:34.520]  This is Randy Kelton, Steve Skidmore, Ruevlaw Radio.
[01:29:34.520 --> 01:29:37.520]  And don't forget to go to our sponsors.
[01:29:37.520 --> 01:29:43.520]  We can use all the help we can get to keep this radio station on track.
[01:29:43.520 --> 01:29:52.520]  And above all, make sure you go to Logos Radio Network and contribute to Randy's beer fund.
[01:29:52.520 --> 01:30:00.520]  And on that note, if you're listening to Ruevlaw Radio, we'll be right back to Jimmy in Maryland right after this break.
[01:30:00.520 --> 01:30:02.520]  Is noisy work killing you?
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[01:30:42.520 --> 01:30:45.520]  Noise at work could be killing you, literally.
[01:30:45.520 --> 01:30:50.520]  A new study looked at employees who worked in noisy environments for at least a year and a half.
[01:30:50.520 --> 01:30:55.520]  They found their risk of serious heart trouble was triple that of employees who worked in a quiet environment.
[01:30:55.520 --> 01:30:57.520]  What is a noisy workspace?
[01:30:57.520 --> 01:31:02.520]  Researchers say if you have to raise your voice to carry on a normal conversation, it's noisy.
[01:31:02.520 --> 01:31:07.520]  By that definition, more than 22 million Americans face noise hazards on the job every day.
[01:31:07.520 --> 01:31:12.520]  If finding a quieter job isn't an option, take precautions to help offset the effects of noise.
[01:31:12.520 --> 01:31:17.520]  Use earplugs, take good care of yourself, and limit the other stressors in your life.
[01:31:17.520 --> 01:31:22.520]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.520 --> 01:31:35.520]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.520 --> 01:31:37.520]  The government says that fire brought it down.
[01:31:37.520 --> 01:31:42.520]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.520 --> 01:31:45.520]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.520 --> 01:31:48.520]  Thousands of my fellow first responders are dying.
[01:31:48.520 --> 01:31:49.520]  I'm not a conspiracy theorist.
[01:31:49.520 --> 01:31:50.520]  I'm a structural engineer.
[01:31:50.520 --> 01:31:52.520]  I'm a New York City correction officer.
[01:31:52.520 --> 01:31:53.520]  I'm an Air Force pilot.
[01:31:53.520 --> 01:31:54.520]  I'm a father who lost his son.
[01:31:54.520 --> 01:31:57.520]  We're Americans, and we deserve the truth.
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[01:33:28.520 --> 01:33:47.520]  Welcome back to Rule Law Radio this beautiful Friday night.
[01:33:47.520 --> 01:33:50.520]  Well, it's beautiful down here in Austin, Texas.
[01:33:50.520 --> 01:34:00.520]  Sorry for you folks up north, man. I know I've been on Facebook and seen the cliffs made of snow,
[01:34:00.520 --> 01:34:04.520]  but how about that global warming, huh?
[01:34:04.520 --> 01:34:08.520]  Before we went to break, we were speaking with Jimmy in Maryland,
[01:34:08.520 --> 01:34:14.520]  and bring us up to speed on your, what was it, traffic case?
[01:34:14.520 --> 01:34:16.520]  Yeah, traffic case.
[01:34:16.520 --> 01:34:19.520]  Okay, yeah. Bring us up to date on this.
[01:34:19.520 --> 01:34:21.520]  Okay. I called you guys a couple weeks ago.
[01:34:21.520 --> 01:34:22.520]  Yes, sir.
[01:34:22.520 --> 01:34:27.520]  I told you guys that I reset my license, my driver license then, so it's in retro.
[01:34:27.520 --> 01:34:32.520]  It's been in retro since 1998, and I've been cited with four accounts.
[01:34:32.520 --> 01:34:37.520]  One, driving on a suspended license, driving while license is revoked,
[01:34:37.520 --> 01:34:43.520]  driving without a license, and driving without authorization.
[01:34:43.520 --> 01:34:47.520]  And the revoked license, they did not move forward.
[01:34:47.520 --> 01:34:52.520]  The document was, you know, basically, you know, done away with.
[01:34:52.520 --> 01:34:56.520]  The other three, they moved forward on at a jury trial.
[01:34:56.520 --> 01:35:02.520]  I followed the guidance I received from Randy.
[01:35:02.520 --> 01:35:07.520]  You know, remember I told you guys that they cited me with a license that's not mine,
[01:35:07.520 --> 01:35:09.520]  and I didn't see the officer.
[01:35:09.520 --> 01:35:14.520]  I asked these officers, did he have the application that applied for the license,
[01:35:14.520 --> 01:35:19.520]  my signature that's about all the laws, the rules and everything of the traffic?
[01:35:19.520 --> 01:35:21.520]  Of course, he didn't have it.
[01:35:21.520 --> 01:35:25.520]  Did you have the approval of that, of that application being approved for?
[01:35:25.520 --> 01:35:27.520]  Of course, he didn't have that.
[01:35:27.520 --> 01:35:29.520]  Did they have a certificate of training with location?
[01:35:29.520 --> 01:35:31.520]  Of course, he didn't have that.
[01:35:31.520 --> 01:35:35.520]  And, you know, I moved to the space, and of course, the judge denied it.
[01:35:35.520 --> 01:35:39.520]  And they had a lady from the state attorney's office.
[01:35:39.520 --> 01:35:45.520]  I get this, guys, she claims that morning she printed out on her computer
[01:35:45.520 --> 01:35:48.520]  two drive markers, the one that's supposed to be mine,
[01:35:48.520 --> 01:35:51.520]  and the one that's from what I was cited with.
[01:35:51.520 --> 01:35:57.520]  And they both clarified that the license don't exist.
[01:35:57.520 --> 01:36:02.520]  Mine said it was turned in, the other one just said it's none.
[01:36:02.520 --> 01:36:07.520]  But yet you still have a license that said it's none with us, which is kind of crazy.
[01:36:07.520 --> 01:36:09.520]  Okay.
[01:36:09.520 --> 01:36:11.520]  So I said the same thing.
[01:36:11.520 --> 01:36:17.520]  You know, she has no application or no proof of application.
[01:36:17.520 --> 01:36:22.520]  They pointed her test file out to submit it as printout and use it for authorization.
[01:36:22.520 --> 01:36:26.520]  And so I still read by that and said, you know, well, she's testifying based on her ID.
[01:36:26.520 --> 01:36:28.520]  How do you know everything on here is true and correct?
[01:36:28.520 --> 01:36:32.520]  Can you prove that everything according to this printout you have is true and correct
[01:36:32.520 --> 01:36:35.520]  that you received from the, that you claimed from the motor vehicle?
[01:36:35.520 --> 01:36:39.520]  They could not, but they still were not disproved the case.
[01:36:39.520 --> 01:36:45.520]  And to make a long story short, I was convicted on all three accounts.
[01:36:45.520 --> 01:36:48.520]  The judge is ready to sentence me that same day.
[01:36:48.520 --> 01:36:52.520]  This was Thursday.
[01:36:52.520 --> 01:36:54.520]  It started Wednesday and went to Thursday.
[01:36:54.520 --> 01:36:59.520]  And I invoked to my right to allocution, so I have to go back on the 12th.
[01:36:59.520 --> 01:37:05.520]  You know, I'm going to plan to do a, find the facts, inclusion of law,
[01:37:05.520 --> 01:37:09.520]  and a motion for a judgment that was pending a verdict.
[01:37:09.520 --> 01:37:11.520]  That's basically what I'm going with.
[01:37:11.520 --> 01:37:12.520]  Okay.
[01:37:12.520 --> 01:37:17.520]  And I'm also, it's my third time offender, so I've been cited out without a,
[01:37:17.520 --> 01:37:24.520]  I spent it, licensed just the third time I was cited for driving a spending license in,
[01:37:24.520 --> 01:37:27.520]  in Charles County.
[01:37:27.520 --> 01:37:33.520]  Now, I also told you guys that in 2000, I had a judge that found me not guilty
[01:37:33.520 --> 01:37:37.520]  of a suspended license, because he understood that when you submit your license
[01:37:37.520 --> 01:37:40.520]  and return it back in, it comes null and void.
[01:37:40.520 --> 01:37:43.520]  He agreed with that and found me not guilty of a suspended license.
[01:37:43.520 --> 01:37:46.520]  But this is a different county where they didn't want to hear.
[01:37:46.520 --> 01:37:48.520]  So it is not a, that's not a Charles County rule.
[01:37:48.520 --> 01:37:49.520]  That's B.D. County.
[01:37:49.520 --> 01:37:51.520]  That's not Charles County.
[01:37:51.520 --> 01:37:57.520]  But they refused to accept the, the Double Jeopardy issue
[01:37:57.520 --> 01:38:00.520]  or the Rejure County issue.
[01:38:00.520 --> 01:38:02.520]  They refused to accept that.
[01:38:02.520 --> 01:38:09.520]  That's what your appellate court is for.
[01:38:09.520 --> 01:38:15.520]  That's exactly what your appellate court is for.
[01:38:15.520 --> 01:38:23.520]  Now, keep in mind, your only purpose in the trial court is to set the record for appeal.
[01:38:23.520 --> 01:38:26.520]  Yes.
[01:38:26.520 --> 01:38:30.520]  So have you challenged the jurisdiction of the court?
[01:38:30.520 --> 01:38:31.520]  Yes, sir.
[01:38:31.520 --> 01:38:34.520]  That's the first thing I did was challenge the jurisdiction of the court.
[01:38:34.520 --> 01:38:37.520]  And, you know, they kind of say, well, you leave court as jurisdiction.
[01:38:37.520 --> 01:38:41.520]  I said, well, I said, well, bring forth the evidence of jurisdiction.
[01:38:41.520 --> 01:38:44.520]  Of course, they didn't.
[01:38:44.520 --> 01:38:47.520]  I definitely did challenge the jurisdiction of the court.
[01:38:47.520 --> 01:38:48.520]  Okay.
[01:38:48.520 --> 01:38:51.520]  That's another issue that goes up on appeal.
[01:38:51.520 --> 01:38:56.520]  Also, he did not, he didn't give me a chance to enter a plea.
[01:38:56.520 --> 01:38:58.520]  They never, he never asked me to enter a plea.
[01:38:58.520 --> 01:39:03.520]  So they just, I guess, just put a plea on my behalf and I was asked to make.
[01:39:03.520 --> 01:39:05.520]  That's another issue.
[01:39:05.520 --> 01:39:07.520]  I said, you know something, I never did, because I learned,
[01:39:07.520 --> 01:39:15.520]  Eddie told me basically that, you know, does the court intend to force, compel me to make an unconscionable plea?
[01:39:15.520 --> 01:39:19.520]  I was ready to say that if I was asked, but I wasn't asked.
[01:39:19.520 --> 01:39:21.520]  So he never gave you the chance?
[01:39:21.520 --> 01:39:24.520]  No, never gave me the chance.
[01:39:24.520 --> 01:39:30.520]  Also, the officer did not give me my Miranda rights.
[01:39:30.520 --> 01:39:35.520]  Were you placed under custodial arrest?
[01:39:35.520 --> 01:39:37.520]  I was in prison.
[01:39:37.520 --> 01:39:38.520]  They took me in.
[01:39:38.520 --> 01:39:39.520]  Oh, okay.
[01:39:39.520 --> 01:39:40.520]  Yeah.
[01:39:40.520 --> 01:39:43.520]  Yeah.
[01:39:43.520 --> 01:39:47.520]  Well, now they're in such a spot where they don't want to admit having done any wrong,
[01:39:47.520 --> 01:39:52.520]  because you're fixing to lower the boom on them.
[01:39:52.520 --> 01:39:53.520]  Okay.
[01:39:53.520 --> 01:40:02.520]  As to Miranda, Miranda is only effective or only applicable
[01:40:02.520 --> 01:40:08.520]  if they attempt to use evidence they secured from your testimony
[01:40:08.520 --> 01:40:13.520]  or your conversations with them after you were arrested.
[01:40:13.520 --> 01:40:21.520]  If they don't try to use any testimony or any evidence they accrued from you after your arrest,
[01:40:21.520 --> 01:40:25.520]  then Miranda won't really apply.
[01:40:25.520 --> 01:40:32.520]  When you say after arrest, you're saying after the stop or after I was taken downtown for booking.
[01:40:32.520 --> 01:40:35.520]  After you were taken downtown or downtown for booking?
[01:40:35.520 --> 01:40:36.520]  Yeah.
[01:40:36.520 --> 01:40:38.520]  Yeah, I'm just trying to clarify.
[01:40:38.520 --> 01:40:40.520]  When you say after arrest, does it mean after the stop?
[01:40:40.520 --> 01:40:42.520]  Does it like to say the stop is a custodial arrest?
[01:40:42.520 --> 01:40:46.520]  That's how I'm just trying to get clarity.
[01:40:46.520 --> 01:40:53.520]  That is a good question, but I would believe they could do a Terry stop
[01:40:53.520 --> 01:40:56.520]  and ask incidental questions.
[01:40:56.520 --> 01:41:01.520]  But once they have probable cause to believe that you've committed the crime
[01:41:01.520 --> 01:41:09.520]  and they take you into physical custody, then they have to give you the warnings.
[01:41:09.520 --> 01:41:10.520]  Okay.
[01:41:10.520 --> 01:41:16.520]  The remedy or the consequence of not giving you the warnings
[01:41:16.520 --> 01:41:22.520]  is that they can't use the evidence they adduct from you
[01:41:22.520 --> 01:41:28.520]  after the point at which they were required to give you the warnings
[01:41:28.520 --> 01:41:33.520]  and they didn't give them.
[01:41:33.520 --> 01:41:37.520]  I didn't say that artfully.
[01:41:37.520 --> 01:41:42.520]  But anyway, that's the only consequence is that they can't use any evidence they secure.
[01:41:42.520 --> 01:41:44.520]  Well, let me ask you this, Randy.
[01:41:44.520 --> 01:41:48.520]  I've seen a lot of roadside stops, Terry stops,
[01:41:48.520 --> 01:41:52.520]  a lot of roadside stops where handcuffs are put on people
[01:41:52.520 --> 01:41:56.520]  and they're set on the curb for their safety.
[01:41:56.520 --> 01:42:00.520]  Well, I'm not safe in handcuffs.
[01:42:00.520 --> 01:42:03.520]  Yeah, me either, but that's the excuse they use.
[01:42:03.520 --> 01:42:05.520]  For your own safety, we're going to put you in handcuffs.
[01:42:05.520 --> 01:42:06.520]  Gee, thanks.
[01:42:06.520 --> 01:42:08.520]  Yeah, I feel a lot safer now.
[01:42:08.520 --> 01:42:12.520]  And I also feel like I'm under arrest.
[01:42:12.520 --> 01:42:18.520]  Technically, if you the police officer feel unsafe, handcuff yourself.
[01:42:18.520 --> 01:42:20.520]  Yeah, no, thank you.
[01:42:20.520 --> 01:42:24.520]  Really?
[01:42:24.520 --> 01:42:29.520]  I lost my train of thought.
[01:42:29.520 --> 01:42:34.520]  Oh, I was going to say that we are technically, yes, you are under arrest.
[01:42:34.520 --> 01:42:36.520]  What does arrest mean?
[01:42:36.520 --> 01:42:43.520]  You look it up in the dictionary and they give you examples like cardiac arrest.
[01:42:43.520 --> 01:42:44.520]  That means to stop.
[01:42:44.520 --> 01:42:46.520]  Something is stopped.
[01:42:46.520 --> 01:42:51.520]  To be arrested is stopped, not necessarily taken into custody,
[01:42:51.520 --> 01:42:55.520]  but the simple act of pulling you over.
[01:42:55.520 --> 01:42:57.520]  You're either one or the other.
[01:42:57.520 --> 01:43:00.520]  You're either under arrest or you're free to go.
[01:43:00.520 --> 01:43:06.520]  And I've used this language before that the officer arrested my freedom of movement.
[01:43:06.520 --> 01:43:08.520]  Yes.
[01:43:08.520 --> 01:43:09.520]  He stopped it.
[01:43:09.520 --> 01:43:19.520]  So we are in physical custodial arrest the moment that that cop steps outside his car.
[01:43:19.520 --> 01:43:25.520]  Because trust me, if you try to leave,
[01:43:25.520 --> 01:43:30.520]  then what will escalate from there is the use of force continuum.
[01:43:30.520 --> 01:43:34.520]  And he will try to kill you if you don't come back.
[01:43:34.520 --> 01:43:35.520]  Jimmy, stay right there.
[01:43:35.520 --> 01:43:37.520]  We'll come right back to you after this break.
[01:43:37.520 --> 01:43:40.520]  512-646-1984.
[01:43:40.520 --> 01:43:42.520]  If you can't get in, keep trying.
[01:43:42.520 --> 01:43:46.520]  See, we've got a full board right now, but we'll be back after this break.
[01:43:46.520 --> 01:43:52.520]  Folks, you're listening to Randy Kelton, Steve Skidmore, and Jimmy in Maryland.
[01:43:52.520 --> 01:43:55.520]  On Rural Law Radio, sorry about that.
[01:43:55.520 --> 01:43:56.520]  We'll be right back.
[01:43:56.520 --> 01:43:59.520]  We see three other callers on the line stage.
[01:43:59.520 --> 01:44:03.520]  Do you feel tired when talking about important topics like money and politics?
[01:44:03.520 --> 01:44:04.520]  Sorry.
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[01:44:07.520 --> 01:44:08.520]  What?
[01:44:08.520 --> 01:44:12.520]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.520 --> 01:44:14.520]  Hi, my name is Steve Holt.
[01:44:14.520 --> 01:44:18.520]  And like millions of other Americans, I was diagnosed with stupidity at an early age.
[01:44:18.520 --> 01:44:24.520]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[01:44:24.520 --> 01:44:29.520]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
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[01:46:21.520 --> 01:46:32.520]  Welcome back to Rule of Law Radio, folks. Let's go back to Maryland and talk some more with Jimmy.
[01:46:32.520 --> 01:46:38.520]  Now, Jimmy, you've challenged Jurisdiction. They ignored that.
[01:46:38.520 --> 01:46:47.520]  It sounds to me like they, the court, has ignored everything that you've brought to the court.
[01:46:47.520 --> 01:46:55.520]  They're just determined to get a guilty verdict on you so that they can generate revenue or further your incarceration.
[01:46:55.520 --> 01:47:00.520]  Were you put back in jail, or did they release you, or what happened?
[01:47:00.520 --> 01:47:08.520]  Well, okay, the prosecutor, he did request to have the bond revoked.
[01:47:08.520 --> 01:47:24.520]  I responded to that, and I said, I've been making several appearances during this matter. I've been here. There's no reason that I'm going to be locked down or try to run.
[01:47:24.520 --> 01:47:30.520]  The judge, he agreed with me. He saw that I'm always there. I'm always coming.
[01:47:30.520 --> 01:47:35.520]  He commented a few times a little late that I was there, that I've been coming.
[01:47:35.520 --> 01:47:43.520]  He said something he doesn't usually do. He gave me until the 12th, because he was trying to get me to say what I had to say then.
[01:47:43.520 --> 01:47:50.520]  I said, I want to book my right to allocution. He said, are you ready to send this? I said, no, I want to book my right to allocution.
[01:47:50.520 --> 01:48:00.520]  He gave me until the 12th next Thursday to put together whatever I want to do. I said, I'd rather file it. I'd rather have it down and have it filed.
[01:48:00.520 --> 01:48:11.520]  I don't want to do it on the top of my head. So I submitted it to him. So those are the things I'm thinking about that I'm going to do with the finding the facts,
[01:48:11.520 --> 01:48:18.520]  including the law, and judging it without the verdict. So I judge it with notwithstanding the verdict.
[01:48:18.520 --> 01:48:27.520]  Okay. I have a question. How many bar grievances have you filed against the prosecutor?
[01:48:27.520 --> 01:48:31.520]  Four so far.
[01:48:31.520 --> 01:48:33.520]  Good. Good man.
[01:48:33.520 --> 01:48:43.520]  Yeah, you said bar grievances. There's already four that's filed. And I sent them all separately, certified mail. I sent them all in a separate envelope, certified mail.
[01:48:43.520 --> 01:48:47.520]  Did you send them a week apart?
[01:48:47.520 --> 01:48:48.520]  Yes.
[01:48:48.520 --> 01:48:56.520]  Oh, wonderful. No wonder he wants to revoke your bond. He is unhappy.
[01:48:56.520 --> 01:49:11.520]  His problem is, he's probably, if he's a municipal prosecutor, he is probably also a lawyer full time.
[01:49:11.520 --> 01:49:12.520]  Yeah, yeah.
[01:49:12.520 --> 01:49:15.520]  This is going to sting in good.
[01:49:15.520 --> 01:49:26.520]  Well, I got some more. We talk about three cases here, and I only filed the ones on the case that ease up. Oh, I didn't tell you guys. I got two hearings coming up for violation of probation.
[01:49:26.520 --> 01:49:41.520]  Remember, this is my third time. So I got both cases. I just lost in what's called the Court of Appeals. Now I got to take it to the United States Supreme Court, one of them.
[01:49:41.520 --> 01:49:52.520]  One is already in the United States Supreme Court, the other one I have to carry over to the United States Supreme Court. But they still didn't tell the process, and they finally petitioned to revoke.
[01:49:52.520 --> 01:50:04.520]  Was it petition? How is it called? They called it a petition to revoke my probation. And so I'm going to argue before that because you're filing these when I'm still going through the appeal process.
[01:50:04.520 --> 01:50:17.520]  And I'm saying that you either know or ought to know. You know, these two different driver's licenses and neither one are issued to me. When I turned my license in, it's no longer issued to me.
[01:50:17.520 --> 01:50:27.520]  I gave it back to the source that issued it to me, so it's no longer issued to me. But those are issues I'm bringing up about the technicalities.
[01:50:27.520 --> 01:50:44.520]  When you lied, said the NVA responded to my actual construction notice, and I did not receive it, and you did not produce it, even though you said in open court that they did respond back, that you didn't submit anything showing that your statement is false and misleading.
[01:50:44.520 --> 01:50:52.520]  Well, basically, that's another issue I'm bargaining them on. But yeah, I got several more. I'm going to be filing this guy for three separate cases.
[01:50:52.520 --> 01:51:01.520]  I don't know when I'm done yet. One more thing I didn't mention to you guys, I did do a motion to suppress. I was put over, but I had a blown hairlight. That's that.
[01:51:01.520 --> 01:51:08.520]  Okay. Okay. Hold on. Are you familiar with the concept of trespass ab initio?
[01:51:08.520 --> 01:51:10.520]  No, I'm not.
[01:51:10.520 --> 01:51:30.520]  Look up trespass ab initio. If the prosecutor came into the court and falsely testified before the court, then you can show that he falsely testified.
[01:51:30.520 --> 01:51:48.520]  Then you move to render the prosecutor a trespasser ab initio. Since he has shown an intent to lie to the court, nothing he brings to the court can be trusted.
[01:51:48.520 --> 01:52:01.520]  And all the trespass ab initio doctrine, you almost certainly have it in Maryland, that the case in Tennessee, it's been a long time since I read it, so I have to kind of paraphrase it.
[01:52:01.520 --> 01:52:18.520]  It says that even if an officer's original actions are proper, once they exceed their authority, they become a trespasser ab initio and all of their acts are defeated.
[01:52:18.520 --> 01:52:35.520]  So once they step across the line, you get to carry them back to the beginning and defeat everything. And if you go after this prosecutor for perjury and the judge for subordination of perjury, and that should be paid attention to.
[01:52:35.520 --> 01:52:51.520]  If you look in the federal law, Title 18, misprision of felony. I'm sorry, I've got these wrong. I'm misjudging misprision of felony with the subordination of felony.
[01:52:51.520 --> 01:53:06.520]  Scratch that, take two. Okay, but subordination of perjury. If the lawyer testified, if he testified in the first place, that was improper.
[01:53:06.520 --> 01:53:15.520]  Somebody else would have had to testify. If the lawyer wants to testify before the court, then he needs to be sworn in.
[01:53:15.520 --> 01:53:25.520]  However, if he goes to court and he is testifying, he can be presumed to be under oath.
[01:53:25.520 --> 01:53:29.520]  Repeat that, Randy, you broke up a little bit.
[01:53:29.520 --> 01:53:46.520]  If a lawyer is in court acting in his official capacity and he testifies before the court, you can presume that he is under oath and let him show that he was not under oath.
[01:53:46.520 --> 01:53:55.520]  In order for him to show that he was not under oath, he is tantamount to admission of perjury.
[01:53:55.520 --> 01:54:03.520]  The only issue in the end is going to become, did he commit aggravated perjury or did he not?
[01:54:03.520 --> 01:54:17.520]  As to the false testimony, is there another place where you can have your driver's license, the one they claim that was suspended, researched out of the records?
[01:54:17.520 --> 01:54:27.520]  Can you have a police officer pull the license history on this license or someone else, perhaps a private investigator?
[01:54:27.520 --> 01:54:32.520]  I'll see what I can do. You're saying both of them?
[01:54:32.520 --> 01:54:38.520]  That's hard evidence. That's evidence that will come from state records.
[01:54:38.520 --> 01:54:52.520]  If you can go in, like go to whoever does the license in Maryland, here would be the Department of Public Safety, and pull your records.
[01:54:52.520 --> 01:55:03.520]  If the prosecutor claims this is your license, then you can use that to pull a complete record on that license from the secretary of state.
[01:55:03.520 --> 01:55:16.520]  Then if it comes back saying there is no such license or the application that you were supposed to have made is not in their records,
[01:55:16.520 --> 01:55:27.520]  now the prosecutor's got a real problem and you look for the doctrine of trespass ab initio, disqualify the entire prosecution.
[01:55:27.520 --> 01:55:36.520]  It would basically say that it was turned in and destroyed. The one that I understand to say it turned in and destroyed across the jury.
[01:55:36.520 --> 01:55:41.520]  There will be some record of that destruction, who destroyed it, when, where, how.
[01:55:41.520 --> 01:55:43.520]  Okay.
[01:55:43.520 --> 01:55:50.520]  He's talking about the little plastic coded license they put in your hand.
[01:55:50.520 --> 01:56:00.520]  Not all of the records supporting that license, the application, the records of the driver's test if you had to take one.
[01:56:00.520 --> 01:56:06.520]  All this other documentation goes nowhere.
[01:56:06.520 --> 01:56:11.520]  Let me say something else he told the judge. He told the judge it does make a difference.
[01:56:11.520 --> 01:56:21.520]  The judge has been buying this, of course. If you never applied versus if you ever applied, since I have applied in the past, it's different than if I had never applied.
[01:56:21.520 --> 01:56:25.520]  I don't buy that, but that's what he put out there.
[01:56:25.520 --> 01:56:48.520]  Well, okay. Then what the lawyer is saying is that if you, once you agree to act as a commercial driver, then you are then therefore necessarily always driving in commerce.
[01:56:48.520 --> 01:56:50.520]  And that is not true.
[01:56:50.520 --> 01:56:59.520]  Even a truck driver will tell you. If they go, when they're deadheading, they're not in commerce.
[01:56:59.520 --> 01:57:18.520]  Even though they're driving an 18-wheeler that's essentially only used for commerce, when they're deadheading, when they drop off a load at one location and then they have to travel empty to another location, they're not in commerce.
[01:57:18.520 --> 01:57:23.520]  Unless they're being paid by the mile, in which case they're in commerce.
[01:57:23.520 --> 01:57:29.520]  But the guy's got his own rig and he drops off a load at one location and then he drives to another location.
[01:57:29.520 --> 01:57:38.520]  That's not on the log because that's out of commerce. He's just driving around in his personal conveyance.
[01:57:38.520 --> 01:57:47.520]  Okay, okay. It's a big personal conveyance, okay, but it personally conveys him to this other location and then he goes back in commerce.
[01:57:47.520 --> 01:58:03.520]  You might talk to a truck driver or a transportation manager about this and get him to demonstrate the difference between when the driver is in commerce and not in commerce.
[01:58:03.520 --> 01:58:07.520]  He'd bring that right into court.
[01:58:07.520 --> 01:58:11.520]  Okay, we'll do that.
[01:58:11.520 --> 01:58:25.520]  Okay, hang up, got the music going. We do kind of need to move along, but keep us up to speed on how this is going and research out that trespass ab initio. You might find that interesting.
[01:58:25.520 --> 01:58:34.520]  Ab initio, A-B space I-N-I-T-O.
[01:58:34.520 --> 01:58:36.520]  Thank you very much.
[01:58:36.520 --> 01:58:50.520]  Okay, thank you, Jimmy. This is Randy Kelton, Steve Kidmore, WheelRoll Radio. I call it number 512-646-1984. We'll be right back.
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