ROL_2015-03-13_16k_Hr3-4.timecode
[00:00.000 --> 00:07.880] This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.880 --> 00:08.880] at thelibertybeat.com.
[00:08.880 --> 00:13.360] I'm Brian Hagan with your Liberty Beat for Friday, March 13th, 2015.
[00:13.360 --> 00:20.720] Gold is trading at $1,154, silver at $15.59, and bitcoin is trading around $291.
[00:20.720 --> 00:25.240] Today's bitcoin price is brought to you by ExpressCoin, the fastest, most reliable way
[00:25.240 --> 00:26.480] to buy bitcoin.
[00:26.480 --> 00:28.960] Buy bitcoin today at ExpressCoin.com.
[00:28.960 --> 00:33.320] In the news, a post office in Colorado has been found using hidden cameras to record
[00:33.320 --> 00:36.760] the license plates and facial features of customers leaving.
[00:36.760 --> 00:40.940] Fox 31 Denver investigative reporter Chris Hulsney confirmed that hidden cameras and
[00:40.940 --> 00:44.740] recorders owned and operated by the United States Postal Inspection Service were being
[00:44.740 --> 00:47.480] used in Golden, Colorado, outside of Denver.
[00:47.480 --> 00:51.840] The camera was found hidden inside a utilities box around Thanksgiving 2014.
[00:51.840 --> 00:56.600] A spokesperson for Postal Inspection Service declined to confirm or deny whether the camera
[00:56.600 --> 00:59.200] was collecting data for specific cases.
[00:59.200 --> 01:05.640] After the camera was initially reported, it was removed.
[01:05.640 --> 01:09.400] A new bill that would restrict the ability to film the police and create a dangerous
[01:09.400 --> 01:13.280] definition of media has been introduced to the Texas House of Representatives.
[01:13.280 --> 01:18.320] Texas House Bill 2918 would require individuals filming or recording the police to be at least
[01:18.320 --> 01:23.080] 25 feet away, and those who are open carrying would need to be more than 100 feet away.
[01:23.080 --> 01:28.760] The bill also sets the standard for filming police to only radio or TV media outlets that
[01:28.760 --> 01:36.640] hold a license that has been issued by the Federal Communications Commission.
[01:36.640 --> 01:40.960] A new Texas bill would grant Attorney General Ken Paxton's office the ability to allow or
[01:40.960 --> 01:42.840] disallow local initiatives.
[01:42.840 --> 01:47.720] Texas House Bill 540 was introduced by Representative Phil King and would require any referendum
[01:47.720 --> 01:52.200] or ballot initiative in one of Texas' Home Rule Charter Cities to be reviewed by the
[01:52.200 --> 01:53.800] Attorney General's office.
[01:53.800 --> 01:57.480] The Attorney General's office would decide if the local initiative violates the Texas
[01:57.480 --> 02:02.960] or Federal Constitution, a state statute, or a rule adopted as authorized by state statute.
[02:02.960 --> 02:06.920] The bill is aimed at combating local initiatives such as bans on genetically engineered foods
[02:06.920 --> 02:07.920] and fracking.
[02:07.920 --> 02:12.800] The Liberty Beat is sponsored by Coinarch, offering innovative trading solutions for
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[02:36.200 --> 02:40.160] The event will feature an intro to bitcoin and speeches from Cody Wilson, Lynn Ulbrich,
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[02:41.160 --> 02:46.240] The event is sponsored by AirBets Wallet and Directory and CoinBolt ATM.
[02:46.240 --> 02:51.320] Next is the Liberty Beat for Friday, March 13, 2015.
[02:51.320 --> 03:18.040] Make sure you check out the website at TheLibertyBeat.com.
[03:18.040 --> 03:44.560] Welcome back to Rule of Law Radio, folks.
[03:44.560 --> 03:51.320] We're speaking with Chris in PA, and where'd Chris go?
[03:51.320 --> 03:56.080] There's okay, I had to unmute you.
[03:56.080 --> 04:00.080] Okay, Chris, where were we?
[04:00.080 --> 04:05.200] You were telling me about the bankruptcy code and how it was the...
[04:05.200 --> 04:06.200] Yes.
[04:06.200 --> 04:17.760] Well, with a violation of the bankruptcy code, I don't know, no, it wouldn't be...
[04:17.760 --> 04:18.760] That would cause a...
[04:18.760 --> 04:24.600] That would create a cause of action, but I don't quite know what the cause of action
[04:24.600 --> 04:25.600] would be titled.
[04:25.600 --> 04:29.600] Randy, do you have an idea?
[04:29.600 --> 04:34.700] Randy, where'd you go?
[04:34.700 --> 04:36.440] Randy muted my mic again.
[04:36.440 --> 04:41.440] Man, that gremlin.
[04:41.440 --> 04:45.320] This would go for a motion for sanctions.
[04:45.320 --> 04:49.880] Yes, good idea.
[04:49.880 --> 04:55.680] And petition for restraining order.
[04:55.680 --> 05:04.040] They apparently don't have much, they're not impressed by the federal judge or the bankruptcy
[05:04.040 --> 05:07.680] judge, so maybe he'll impress them.
[05:07.680 --> 05:08.680] Right.
[05:08.680 --> 05:09.680] Yes.
[05:09.680 --> 05:19.120] Since we've last talked, we had the lawyer that wasn't doing anything for us who we've
[05:19.120 --> 05:31.120] kind of let go, and we've taken on new counsel, and she has set away those that would make
[05:31.120 --> 05:34.640] Paul Bunyan blush.
[05:34.640 --> 05:35.640] So she's been...
[05:35.640 --> 05:36.640] That's nice.
[05:36.640 --> 05:45.000] Yes, she's very, very smart, very knows the law, and she's not even a foreclosure attorney,
[05:45.000 --> 05:53.680] but she knows practically everything we've discussed, and she's come up with where we
[05:53.680 --> 06:00.840] left off with our last attorney who submitted some interrogatories, and of course, we got
[06:00.840 --> 06:08.280] those back with nothing because we hadn't submitted any admissions, asking them for
[06:08.280 --> 06:10.920] something to ask them about in interrogatory, so...
[06:10.920 --> 06:14.360] So that would actually be pronounced interrogatories.
[06:14.360 --> 06:15.360] Yes.
[06:15.360 --> 06:16.360] Yes, sorry.
[06:16.360 --> 06:21.880] In discovery, you've got rogs.
[06:21.880 --> 06:27.560] The short term in the legal field for interrogatories is rogs.
[06:27.560 --> 06:37.320] You've got a request for admissions, or RFAs, a request for production, RFP, and request
[06:37.320 --> 06:41.120] for disclosure, RFD.
[06:41.120 --> 06:43.560] That covers all your discoveries.
[06:43.560 --> 06:51.200] Right, and that's where we're trying to head because we're looking at a declaratory judgment,
[06:51.200 --> 06:59.480] summary judgment of the bank admits to not being the lender.
[06:59.480 --> 07:01.040] She's looked at trying to go...
[07:01.040 --> 07:02.040] Wait a minute.
[07:02.040 --> 07:03.040] Hold on.
[07:03.040 --> 07:04.040] This is all moot.
[07:04.040 --> 07:05.040] Uh-huh.
[07:05.040 --> 07:11.560] This should get a motion for declaratory judgment for summary judgment dismissal because it's
[07:11.560 --> 07:12.560] all moot.
[07:12.560 --> 07:13.560] Right.
[07:13.560 --> 07:24.000] But what we were trying to do is get some...so the judge won't just take this and look at
[07:24.000 --> 07:26.680] it and say we have no evidence of this.
[07:26.680 --> 07:33.040] We were trying to get some admissions from the bank using the paperwork that they submitted
[07:33.040 --> 07:41.360] to us, the QWR response, and all the letters they sent us prior or since our consultatory
[07:41.360 --> 07:46.840] meetings have stopped trying to get a modification where they were closing and giving us a modification
[07:46.840 --> 07:49.760] at the same time.
[07:49.760 --> 07:52.080] They've sent us nothing about the case.
[07:52.080 --> 07:56.880] All they send us are letters once a month telling us we owe them this and that if the
[07:56.880 --> 08:01.360] bankruptcy discharges your debt that we're supposed to forget about the fact that they
[08:01.360 --> 08:03.360] sent us this letter.
[08:03.360 --> 08:08.200] No way, no way.
[08:08.200 --> 08:09.200] This is harassment.
[08:09.200 --> 08:14.760] Well, we've got about 13 of those letters since our consultatory meetings.
[08:14.760 --> 08:18.760] Then that should be 13 sanctions.
[08:18.760 --> 08:24.200] FDCPA, $1,500 bucks a pop.
[08:24.200 --> 08:25.200] Yeah.
[08:25.200 --> 08:26.200] Right.
[08:26.200 --> 08:31.920] That's where she's looking at using that as well.
[08:31.920 --> 08:37.640] We're also looking at the bank and Fannie Mae, who they're telling us is the lender.
[08:37.640 --> 08:41.960] The bank is telling us they're the servicer for Fannie Mae.
[08:41.960 --> 08:50.440] We're looking at the fact that they made reports on my wife's credit report claiming that the
[08:50.440 --> 08:57.000] discharge of Chapter 7 discharged the debt, and Fannie Mae makes note that the account
[08:57.000 --> 09:00.080] is closed.
[09:00.080 --> 09:07.400] She's looking at the Fair Reporting Act, but these two should never have reported that
[09:07.400 --> 09:12.960] on her credit report because they're not a party of interest in that map.
[09:12.960 --> 09:15.480] Precisely.
[09:15.480 --> 09:16.480] More sanctions.
[09:16.480 --> 09:17.480] Right.
[09:17.480 --> 09:24.000] She's looking at all these sanctions we're going to address, but in the long run, we're
[09:24.000 --> 09:28.760] going to have to have a declaratory judgment so that we can get into a quiet pile, so all
[09:28.760 --> 09:29.960] of the people.
[09:29.960 --> 09:36.080] The one beautiful thing about, I'm sure you're familiar with Nancy Becker and her thing with
[09:36.080 --> 09:37.560] Monkette County.
[09:37.560 --> 09:40.000] That's the clerk who sued Merz.
[09:40.000 --> 09:41.360] Yeah.
[09:41.360 --> 09:49.680] And the Supreme Court's ruling on what Pennsylvania has is a very strict recording statute, so
[09:49.680 --> 09:59.120] we have proof of the mortgage being assigned to several other banks.
[09:59.120 --> 10:03.240] Is this prior to or after the discharge?
[10:03.240 --> 10:04.240] Prior to.
[10:04.240 --> 10:05.240] Okay.
[10:05.240 --> 10:06.240] Okay.
[10:06.240 --> 10:10.520] Well, let's go, let's revisit this moot.
[10:10.520 --> 10:14.560] Wait, hold on, hold on, Steve.
[10:14.560 --> 10:24.600] I think we missed something on, you have evidence of the transfer, were those transfers filed
[10:24.600 --> 10:28.320] with the public record in accordance with Pennsylvania law?
[10:28.320 --> 10:29.320] No.
[10:29.320 --> 10:30.320] They were not.
[10:30.320 --> 10:31.320] Good.
[10:31.320 --> 10:35.640] They were primarily just through, we've just gotten certified letters from the insurance
[10:35.640 --> 10:43.680] company who, through our mortgage insurance, that these mortgages were claimed to be assigned
[10:43.680 --> 10:50.160] the mortgage and the sale price of that mortgage transfer.
[10:50.160 --> 10:57.880] So through that, we're hoping to use the recording statute, which makes claim in Pennsylvania
[10:57.880 --> 11:03.760] that all past, present, and future mortgages not recorded in the recorder of deeds office
[11:03.760 --> 11:07.600] are fraudulent and void.
[11:07.600 --> 11:13.120] And a question, what's the condition of your case?
[11:13.120 --> 11:20.600] Are you the plaintiff, you the defendant, and if you're the defendant, are you a counterclaimant?
[11:20.600 --> 11:22.960] We're just a defendant at this point.
[11:22.960 --> 11:27.280] We haven't counterclaimed anything at this point.
[11:27.280 --> 11:30.680] So I take it you're setting them up for that.
[11:30.680 --> 11:31.680] Correct.
[11:31.680 --> 11:32.680] Wunderbar.
[11:32.680 --> 11:36.400] This makes it a lot more fun.
[11:36.400 --> 11:42.720] Has your attorney mentioned sanctions?
[11:42.720 --> 11:45.240] Not specifically the term sanctions.
[11:45.240 --> 11:46.800] Then you should.
[11:46.800 --> 11:47.800] Okay.
[11:47.800 --> 11:49.160] Oh, wait a minute, wait a minute.
[11:49.160 --> 11:54.800] It sounds like her, his attorney's in stealth mode.
[11:54.800 --> 12:04.840] Actually, she's trying to put together what the previous attorney has done and get us
[12:04.840 --> 12:12.600] into substantive evidence so that we have something to go into this summary judgment
[12:12.600 --> 12:18.840] for so that the judge will look at the bank admitting to the fact they are not the lender
[12:18.840 --> 12:22.640] and that Fannie Mae is not mentioned on the note or the mortgage and they are not the
[12:22.640 --> 12:24.760] lender.
[12:24.760 --> 12:30.680] So once we get them to admit to that through admissions, which even if they don't admit
[12:30.680 --> 12:37.920] to it, they still admit to it, we're hoping to use that along with the declaratory summary
[12:37.920 --> 12:43.240] judgment to get the judge to see that the party bringing this foreclosure doesn't have
[12:43.240 --> 12:46.560] it all in the fight.
[12:46.560 --> 12:47.560] Okay.
[12:47.560 --> 12:55.720] So we kind of bushwhacked you when you called in, did you have a question for us?
[12:55.720 --> 12:57.240] Well, I did.
[12:57.240 --> 13:03.360] My question was, I'm looking at this other attorney and I'm wondering if you guys have
[13:03.360 --> 13:14.000] some way or rhyme or reason what to do about someone who we found out through our new attorney
[13:14.000 --> 13:19.000] and she looked it up in the records that this attorney who we took on initially said he
[13:19.000 --> 13:26.080] was the foreclosure guru, never actually filed a foreclosure case in the court.
[13:26.080 --> 13:27.640] You never ever knew who filed a foreclosure.
[13:27.640 --> 13:35.800] Well, when you say he's never filed a foreclosure case, did you mean to say that he's a foreclosure
[13:35.800 --> 13:43.840] prevention or foreclosure...when you say foreclosure case, it tends to make me think
[13:43.840 --> 13:49.240] that he's a foreclosure mill attorney, not a foreclosure defense attorney.
[13:49.240 --> 13:52.640] Yeah, that's the way it appears.
[13:52.640 --> 13:54.680] Okay.
[13:54.680 --> 14:07.220] That would give you reason to sue him for malpractice and deceptive business practices.
[14:07.220 --> 14:13.080] If he claims to be the guru, but he's never filed a case, how does he come about that
[14:13.080 --> 14:14.080] claim?
[14:14.080 --> 14:19.600] What he did by claiming that is he took money from you and did nothing.
[14:19.600 --> 14:21.040] Right.
[14:21.040 --> 14:23.000] That's malpractice, my friend.
[14:23.000 --> 14:31.240] He made proactive statements to you that created in your mind a belief that he was an expert
[14:31.240 --> 14:39.400] in the field of foreclosure when in fact he was no such thing and took money from you
[14:39.400 --> 14:43.320] subsequent to that, that goes to fraud by nondisclosure.
[14:43.320 --> 14:46.320] No, that goes to fraud per se.
[14:46.320 --> 14:50.520] Per se, which is still malpractice.
[14:50.520 --> 14:59.160] What we found out is that he's taking people on, he takes their case on and he strings
[14:59.160 --> 15:05.120] them along and never gets it to the end if they usually hit the client.
[15:05.120 --> 15:09.800] Okay, so then this is not an isolated event.
[15:09.800 --> 15:11.440] Right.
[15:11.440 --> 15:13.000] Okay.
[15:13.000 --> 15:16.920] On behalf of yourself and all others similarly situated.
[15:16.920 --> 15:19.960] Right, there you go.
[15:19.960 --> 15:26.640] How does it feel to be a private attorney general?
[15:26.640 --> 15:31.160] We hear a lot of stuff in the legal reform area about you can become a private attorney
[15:31.160 --> 15:35.560] general and most of that stuff's nonsense.
[15:35.560 --> 15:43.560] When a person sues for himself and all others similarly situated, the courts call that a
[15:43.560 --> 15:47.200] private attorney general suit.
[15:47.200 --> 15:51.000] But as far as I can tell, there is no such thing as a private attorney general other
[15:51.000 --> 15:57.840] than that, just to clarify for those who are confused, but this is a great way to go after
[15:57.840 --> 15:58.840] them.
[15:58.840 --> 15:59.840] I concur.
[15:59.840 --> 16:15.640] Okay, we may even take our new counsel and have her set that up because we've just been
[16:15.640 --> 16:19.240] sitting here turning my wheels toward him.
[16:19.240 --> 16:27.000] He's not once given us anything from his expertise in this field.
[16:27.000 --> 16:33.120] His only formality in foreclosure is that he worked with the judge to set up the conciliatory
[16:33.120 --> 16:36.960] process for people in foreclosure.
[16:36.960 --> 16:40.840] This brings to mind Nemo Dat Quod Non Habet.
[16:40.840 --> 16:46.800] No man gives what he does not have, as if he has no expertise, he cannot deliver it.
[16:46.800 --> 16:52.720] We'll be right back after this brief message, folks, 512-646-1984 will get you in line.
[16:52.720 --> 17:00.760] If you're listening to Rule of Law, stay tuned, we'll be right back.
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[19:12.800 --> 19:19.040] Well don't let them get to you, only the father can deliver you, don't let bad mind people
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[19:20.040 --> 19:33.760] Welcome back to Rule of Law Radio, folks.
[19:33.760 --> 19:43.160] It is a beautiful, beautiful Friday night here in Texas, in central Texas at any rate.
[19:43.160 --> 19:48.920] Don't mean to rub it in there, Chris, but yes, in regard to your question, if it were
[19:48.920 --> 19:58.240] me, and an attorney took my money and did nothing for me, I would sue him into oblivion.
[19:58.240 --> 20:01.480] I would try to end his career.
[20:01.480 --> 20:12.040] Now, keep in mind, this does not go to all attorneys, I want to stress that.
[20:12.040 --> 20:20.320] If your attorney is actively working on your case and doing his level best to get you remedy,
[20:20.320 --> 20:28.280] don't sue him, but if you're giving thousands of dollars to anyone, I don't care if it's
[20:28.280 --> 20:33.140] an attorney or a plumber, if you're giving thousands of dollars to anyone and they're
[20:33.140 --> 20:38.480] not doing their job, get their attention.
[20:38.480 --> 20:45.200] And the only thing that seems to get attorney's attentions are sanctions, bar grievances,
[20:45.200 --> 20:50.280] and suits for malpractice that would go for doctors, lawyers, plumbers, anyone that holds
[20:50.280 --> 20:55.960] a license of any sort.
[20:55.960 --> 20:59.200] So yes, definitely speak to your...
[20:59.200 --> 21:07.520] If you feel that you've been ripped off, no doubt, then definitely speak to your current
[21:07.520 --> 21:11.680] counsel in regard to seeking remedy in that direction.
[21:11.680 --> 21:12.680] Okay.
[21:12.680 --> 21:18.840] Now, your current counsel may say that that's a separate issue and I'll require another
[21:18.840 --> 21:21.680] retainer for that specific issue.
[21:21.680 --> 21:33.600] Now you've got to balance your budget in relation to what do I want this potential outcome to
[21:33.600 --> 21:34.600] come to.
[21:34.600 --> 21:43.380] Now, in regard to the others similarly situated, it sounds to me like you have knowledge of
[21:43.380 --> 21:46.040] others who have been similarly situated.
[21:46.040 --> 21:48.280] Do you know which specific ones?
[21:48.280 --> 21:52.120] I'm sure I could find out.
[21:52.120 --> 21:53.120] Randy?
[21:53.120 --> 21:54.120] Yeah.
[21:54.120 --> 22:02.800] You could just do a search in the court records on his name and pretty well pull up all these
[22:02.800 --> 22:03.800] cases.
[22:03.800 --> 22:09.720] So our present counsel, she's been looking through...
[22:09.720 --> 22:14.000] She has access to all that and she's been looking this up and this is how we came to
[22:14.000 --> 22:15.000] terms with that.
[22:15.000 --> 22:16.000] Good.
[22:16.000 --> 22:17.000] Good.
[22:17.000 --> 22:18.000] Go for broke, man.
[22:18.000 --> 22:19.000] We're still in the fight, I think.
[22:19.000 --> 22:26.000] I think it's to our advantage here, so hopefully she gets something done finally.
[22:26.000 --> 22:27.000] Certainly.
[22:27.000 --> 22:28.000] Good.
[22:28.000 --> 22:33.000] I haven't heard from the bank at all.
[22:33.000 --> 22:36.160] I mean, the bank is only sending us letters making the claim that they're not the lender
[22:36.160 --> 22:42.400] and they're merely the servicer for Fannie Mae, who's the lender, which is a really interesting
[22:42.400 --> 22:50.120] part because the bank has a mortgage assignment recorded in the recorder of deeds office from
[22:50.120 --> 22:56.920] the original bank eight years ago, who's been out of business for four years when they're
[22:56.920 --> 22:58.560] claiming Fannie Mae is the lender.
[22:58.560 --> 23:05.400] Now, how would they have gotten the mortgage from a bank who's been closed for four years
[23:05.400 --> 23:08.320] when they're claiming that the lender is Fannie Mae?
[23:08.320 --> 23:09.320] Okay.
[23:09.320 --> 23:13.000] Judge Schett in New York explained that.
[23:13.000 --> 23:16.320] It's a vampire lender.
[23:16.320 --> 23:18.600] They rise up from the dead.
[23:18.600 --> 23:27.760] Yeah, that's what we're hoping some guy comes in and rags and bones with moss hanging from
[23:27.760 --> 23:36.480] his nose, telling us that, yeah, I did, and the person who signed as the officer of MERS
[23:36.480 --> 23:38.480] witnessed me doing this.
[23:38.480 --> 23:41.880] I was going to ask you if MERS was involved.
[23:41.880 --> 23:42.880] Yeah.
[23:42.880 --> 23:45.720] This is a common practice for MERS.
[23:45.720 --> 23:51.600] They generally tend to assign things from a dead guy to a living guy.
[23:51.600 --> 23:53.320] I don't know how you can do that.
[23:53.320 --> 23:55.320] Well, that's interesting too.
[23:55.320 --> 24:01.280] I mean, when you look at the court case that's from Kansas and you look at when the CEO of
[24:01.280 --> 24:06.520] MERS was on the stand and said he only acts for his members, the bank has been closed
[24:06.520 --> 24:12.320] four years, is not a member of MERS, and for them to make an assignment four years after
[24:12.320 --> 24:16.400] the bank is closed, acting as nominee for a bank that's closed is impossible.
[24:16.400 --> 24:17.400] Yeah.
[24:17.400 --> 24:28.360] And if you're paying attention to the discussion that we had regarding assignments earlier
[24:28.360 --> 24:32.440] in the Glaskey case that bring it in.
[24:32.440 --> 24:33.440] Yeah.
[24:33.440 --> 24:34.440] Okay.
[24:34.440 --> 24:35.440] Yeah.
[24:35.440 --> 24:46.880] The way I read the code in Texas, if you file a document into a public record and that document
[24:46.880 --> 24:52.600] has materially false statements in it, and you know it has materially false statements
[24:52.600 --> 24:58.160] in it, and you intend that those statements be taken as true, that's a felony in the state
[24:58.160 --> 25:03.160] of Texas.
[25:03.160 --> 25:11.800] 37.10 Texas penal code, most states are going to have a similar statute.
[25:11.800 --> 25:12.800] Right.
[25:12.800 --> 25:19.400] And I was kind of hoping that somewhere along the line by looking at the Fair Debt Collection
[25:19.400 --> 25:26.640] Practice Act, you know, and having them make a statement on the credit report when they're
[25:26.640 --> 25:34.480] not that person to do so, maybe that brings a little enlightenment in the courtroom as
[25:34.480 --> 25:35.480] well.
[25:35.480 --> 25:49.480] Well, I don't know if the FDCPA would go to the attempts to collect on a discharged debt.
[25:49.480 --> 25:56.680] It would go to a entity attempting to collect on a mortgage when they are not the original
[25:56.680 --> 26:00.760] mortgagee, a mortgagee.
[26:00.760 --> 26:02.840] They become a debt collector.
[26:02.840 --> 26:04.100] Right.
[26:04.100 --> 26:15.080] And in this case, the discharge constitutes statutory estoppel from further collection.
[26:15.080 --> 26:22.120] So that would go to the 15 U.S. Code 1692G, if I remember right.
[26:22.120 --> 26:28.600] Well, 1692G would be a debt validation request.
[26:28.600 --> 26:29.600] Okay.
[26:29.600 --> 26:38.240] Then it's E. Right in there, right in there somewhere.
[26:38.240 --> 26:46.240] 15 U.S. CEDES, I've forgotten it now.
[26:46.240 --> 26:47.240] 1692G.
[26:47.240 --> 26:49.240] 1692G, yeah.
[26:49.240 --> 26:52.040] 1692 is not that long.
[26:52.040 --> 26:54.120] It may behoove you to read the whole thing.
[26:54.120 --> 26:57.720] You may find some remedy in there.
[26:57.720 --> 26:58.720] Okay.
[26:58.720 --> 26:59.720] All right.
[26:59.720 --> 27:00.720] Well, thank you.
[27:00.720 --> 27:09.760] Oh, and I did want to mention, Steve, the beauty of your Friday evening has been conveyed
[27:09.760 --> 27:16.160] to me through my son who has moved to Austin and talking about the beautiful weather all
[27:16.160 --> 27:17.160] the time.
[27:17.160 --> 27:22.960] He actually is the editor and production person for the Good Morning Austin show.
[27:22.960 --> 27:23.960] Wonderful.
[27:23.960 --> 27:24.960] Wonderful.
[27:24.960 --> 27:25.960] Yeah.
[27:25.960 --> 27:26.960] All right.
[27:26.960 --> 27:29.080] That tells me how nice you do that.
[27:29.080 --> 27:33.000] Well, we might see him down on 6th Street some night.
[27:33.000 --> 27:34.200] I'm sure you will.
[27:34.200 --> 27:35.200] You can.
[27:35.200 --> 27:39.560] Well, Chris, do you have anything else for us tonight?
[27:39.560 --> 27:41.400] No, that was it.
[27:41.400 --> 27:42.400] Thanks a lot, guys.
[27:42.400 --> 27:43.400] I appreciate your input.
[27:43.400 --> 27:44.400] Absolutely.
[27:44.400 --> 27:47.200] Thank you for calling.
[27:47.200 --> 27:48.720] And keep us updated on this.
[27:48.720 --> 27:49.960] This is an interesting case.
[27:49.960 --> 27:52.640] I'd like to see how this pans out.
[27:52.640 --> 27:53.640] I will.
[27:53.640 --> 27:57.160] As soon as we can get this rolling, I'm sure it's going to be another month or so when
[27:57.160 --> 28:03.160] the mission's coming back and filing the declaratory judgment.
[28:03.160 --> 28:06.040] But as soon as I hear anything, I'll definitely fill you guys in.
[28:06.040 --> 28:07.040] Perfect.
[28:07.040 --> 28:08.040] Good deal.
[28:08.040 --> 28:11.040] Well, thanks for calling in tonight, Chris.
[28:11.040 --> 28:12.040] Yeah.
[28:12.040 --> 28:13.040] Thank you.
[28:13.040 --> 28:14.040] Have a good night.
[28:14.040 --> 28:15.040] You too.
[28:15.040 --> 28:18.920] Now, let's go to the great state of Virginia and speak with Marcus.
[28:18.920 --> 28:19.920] Hello, Marcus.
[28:19.920 --> 28:20.920] Thank you for waiting.
[28:20.920 --> 28:21.920] Thanks, Steve.
[28:21.920 --> 28:22.920] Randy.
[28:22.920 --> 28:23.920] Yeah.
[28:23.920 --> 28:34.760] I just had a couple of issues with my defense attorney in order to bring you up.
[28:34.760 --> 28:35.760] First of all...
[28:35.760 --> 28:38.760] This is a criminal issue?
[28:38.760 --> 28:42.560] That's part of the problem.
[28:42.560 --> 28:51.160] I want to understand how the court views me as a person with certain rights or certain
[28:51.160 --> 28:52.160] privileges.
[28:52.160 --> 28:58.360] The court is always going to see you as someone with privileges.
[28:58.360 --> 28:59.360] Always.
[28:59.360 --> 29:02.360] Well, just privileges.
[29:02.360 --> 29:03.360] Yes.
[29:03.360 --> 29:04.360] Well...
[29:04.360 --> 29:11.440] For example, traveling is a right.
[29:11.440 --> 29:13.480] Driving is a privilege.
[29:13.480 --> 29:18.720] A right cannot be revoked, but a privilege can.
[29:18.720 --> 29:25.120] You cannot be charged with a criminal offense for exercising your right.
[29:25.120 --> 29:36.360] But you can be charged criminally for the improper or unauthorized exercise of a privilege.
[29:36.360 --> 29:40.400] And I hear the music in the background, and if you'll humor us for just a couple of minutes,
[29:40.400 --> 29:43.200] we'll get back up on this on the other side of the break.
[29:43.200 --> 29:50.720] We'll get you in line behind Mark and Texas and Jimmy and Maryland, and we'll be right
[29:50.720 --> 29:54.360] back with Marcus and VA after this brief message.
[29:54.360 --> 29:55.860] Go visit our sponsors.
[29:55.860 --> 29:59.080] You're listening to Rule of Law Radio, and we'll be right back, folks.
[29:59.080 --> 30:00.080] Stay tuned.
[30:00.080 --> 30:03.480] Could an ID microchip cause cancer?
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[33:30.320 --> 33:33.200] Welcome back to Rule of Law Radio, folks.
[33:33.200 --> 33:37.680] When we left, we were speaking with Marcus in Virginia, and we'll return to Virginia,
[33:37.680 --> 33:38.680] Marcus.
[33:38.680 --> 33:39.680] Yes.
[33:39.680 --> 33:46.360] So you're saying there's no way I can get them to recognize me or address me as a person
[33:46.360 --> 33:47.360] of the rights?
[33:47.360 --> 33:50.640] No, that's not at all what I'm saying.
[33:50.640 --> 33:53.120] Your question was, how do they view you?
[33:53.120 --> 33:59.620] They view you as a person or an individual with privileges because they can't generate
[33:59.620 --> 34:02.520] any revenue off of your rights.
[34:02.520 --> 34:10.200] They can only generate revenue off of privileges, so that's what they're going to see.
[34:10.200 --> 34:11.200] Well, yeah.
[34:11.200 --> 34:13.200] That's what they want to see.
[34:13.200 --> 34:19.000] Well, how can I get them to address me as a person of rights, to get them to change
[34:19.000 --> 34:20.600] their point of view?
[34:20.600 --> 34:22.360] What rights do you have?
[34:22.360 --> 34:23.840] This is a trick question.
[34:23.840 --> 34:25.480] What rights do you have?
[34:25.480 --> 34:32.440] Anything granted to me by the creator of the universe.
[34:32.440 --> 34:37.600] You have no rights that you do not assert.
[34:37.600 --> 34:41.480] You have no rights that you do not claim.
[34:41.480 --> 34:47.080] You have only the rights that you claim and assert and exercise.
[34:47.080 --> 34:52.840] The case law says rights belong to the belligerent litigant.
[34:52.840 --> 34:54.840] Yes, they do.
[34:54.840 --> 34:55.840] Okay.
[34:55.840 --> 35:02.840] Now, what specific rights is it, or right, is it we're speaking about?
[35:02.840 --> 35:05.680] We're speaking about?
[35:05.680 --> 35:12.240] I'm entitled to have standing in this court before I even set one foot in it.
[35:12.240 --> 35:13.720] No, no, no.
[35:13.720 --> 35:16.360] What is the issue at bar?
[35:16.360 --> 35:19.360] What have you been charged with?
[35:19.360 --> 35:26.120] I don't want to get into that just yet.
[35:26.120 --> 35:31.320] I just want to have an understanding with the court before I arrive.
[35:31.320 --> 35:32.320] Okay.
[35:32.320 --> 35:43.480] Before I have any interaction with any officers, even at the gate, at the door, I want an understanding
[35:43.480 --> 35:46.560] that I have certain rights before I even go in there.
[35:46.560 --> 35:52.000] If I don't, I'm going to say you're depriving me of my rights.
[35:52.000 --> 35:58.920] Do you know what an understanding is?
[35:58.920 --> 36:09.120] Black's Law Dictionary, the third definition of understanding in Black's Law second edition
[36:09.120 --> 36:19.520] states that an understanding is an agreement, especially of an implied or tacit nature.
[36:19.520 --> 36:24.760] It can be implied that you have rights.
[36:24.760 --> 36:30.960] It can also be equally implied that you have privileges and that you have violated your
[36:30.960 --> 36:31.960] privileges.
[36:31.960 --> 36:38.560] You can't violate your own rights because God grants you your rights.
[36:38.560 --> 36:44.720] And you can violate privileges because those come from the state and that's what they're
[36:44.720 --> 36:47.600] going for.
[36:47.600 --> 36:54.360] They're looking to generate revenue from you for a violation of some sort of privilege.
[36:54.360 --> 37:03.280] So if there is a privilege that mimics a right, would it not behoove you to say that I was
[37:03.280 --> 37:14.160] not exercising a privilege, rather I was exercising a right?
[37:14.160 --> 37:16.280] That was not a rhetorical question.
[37:16.280 --> 37:17.280] Yeah.
[37:17.280 --> 37:27.400] Well, that's before we even get into the case, you know, I have to pass through that door.
[37:27.400 --> 37:28.400] Right.
[37:28.400 --> 37:29.600] But that wasn't my question.
[37:29.600 --> 37:38.160] My question is, if you have a right or if there is a privilege that mimics a right,
[37:38.160 --> 37:40.320] would it not behoove you?
[37:40.320 --> 37:47.560] Would it not be to your advantage to say, I was not exercising any kind of privilege,
[37:47.560 --> 37:55.760] I was enjoying and exercising a right and who on God's green earth are you to limit
[37:55.760 --> 38:01.480] my exercise or restrict my exercise of a right?
[38:01.480 --> 38:11.640] Wait a minute, Marcus, I think I understand where you're going.
[38:11.640 --> 38:23.080] And we actually addressed this earlier, hold on, when we were reading Jenkins, Jenkins
[38:23.080 --> 38:31.560] and Jenkins, the court ruled that you cannot come to the court for a declaration of your
[38:31.560 --> 38:43.440] rights and you're asking for something that public officials have no duty to give you.
[38:43.440 --> 38:47.680] You're asking them to tell you what your rights are.
[38:47.680 --> 38:50.880] They have no duty to do that and they're not going to.
[38:50.880 --> 39:00.600] I'm not saying that, I'm saying that they should, I want them to address me as a person.
[39:00.600 --> 39:01.600] Okay.
[39:01.600 --> 39:05.760] It's entitled to the right, all right.
[39:05.760 --> 39:07.760] How would they do that?
[39:07.760 --> 39:17.160] Well, let's say instead of just calling me, you know, Mark Butler, call me Mr. Butler
[39:17.160 --> 39:25.640] because Mark Butler is the one that, the name might be on some state ID someplace or certificate.
[39:25.640 --> 39:28.080] I want to be addressed as Mr. Butler.
[39:28.080 --> 39:35.080] Well, all you have to do is direct them to address you that way and normally they will.
[39:35.080 --> 39:37.080] All right.
[39:37.080 --> 39:42.720] But with the understanding that I have certain rights, I'm not just.
[39:42.720 --> 39:43.720] That you can't do.
[39:43.720 --> 39:46.600] That you play with certain privileges.
[39:46.600 --> 39:51.280] They have no duty to enter into that understanding with you.
[39:51.280 --> 39:55.520] Well, as my servant, I would think that they would.
[39:55.520 --> 39:59.240] If I'm the master and they're the servant.
[39:59.240 --> 40:00.240] Yeah.
[40:00.240 --> 40:01.240] Okay.
[40:01.240 --> 40:08.800] You're asking for what you think they should do, but they must only do what they are statutorily
[40:08.800 --> 40:17.240] required to do, so where is their statutory requirement to do that?
[40:17.240 --> 40:23.640] See, that's the problem.
[40:23.640 --> 40:29.960] We can't compel a public official to do something because we believe it's right.
[40:29.960 --> 40:39.240] The only way we can compel them is with statute, rule, or regulation.
[40:39.240 --> 40:47.760] You're asking for something that they won't give you and you can't compel from them.
[40:47.760 --> 40:55.560] What you can compel from them is that they abide by all of your rights.
[40:55.560 --> 41:04.320] Or if they don't, then you get to thump them good, but you can't get a preemptive agreement
[41:04.320 --> 41:13.600] from them to do one thing or another.
[41:13.600 --> 41:16.400] I think you're asking for something that's just not available.
[41:16.400 --> 41:17.680] Did we lose him?
[41:17.680 --> 41:18.680] We lost Mark.
[41:18.680 --> 41:19.680] I think we lost Mark.
[41:19.680 --> 41:22.680] Oh, no wonder he wasn't responding.
[41:22.680 --> 41:23.680] Yeah.
[41:23.680 --> 41:25.280] I don't see him on the call board anymore.
[41:25.280 --> 41:26.280] Yeah.
[41:26.280 --> 41:27.280] Okay.
[41:27.280 --> 41:28.280] Well...
[41:28.280 --> 41:32.320] Well, call back in, Marcus, and we'll pick you up when you call back in.
[41:32.320 --> 41:36.120] But meanwhile, let's go to Texas and speak with Mark.
[41:36.120 --> 41:37.120] Hello, Mark.
[41:37.120 --> 41:41.280] I understand that you've got a question regarding statutes of limitations.
[41:41.280 --> 41:42.280] I do.
[41:42.280 --> 41:47.640] You guys hear my voice every Friday night for quite some time, and I thank you both.
[41:47.640 --> 41:51.400] You've been more of an inspiration to me than you might actually know.
[41:51.400 --> 41:56.800] And I actually, in the interest of being as brief as I possibly can, I want to ask you
[41:56.800 --> 41:59.560] guys a multi-part question.
[41:59.560 --> 42:02.280] And I just went ahead and I've looked this out.
[42:02.280 --> 42:06.360] It might take me about probably two minutes to read through it, but if I may, just to
[42:06.360 --> 42:10.960] get you guys abreast to where I am as I'm representing myself, pro se, against...
[42:10.960 --> 42:15.320] Well, you've got one minute and 47, 46, 45 seconds.
[42:15.320 --> 42:16.320] All right.
[42:16.320 --> 42:17.320] Here we go.
[42:17.320 --> 42:18.320] Let's do it.
[42:18.320 --> 42:31.160] I won a statute, a motion against the plaintiff's cause of action, basically a motion with the
[42:31.160 --> 42:37.800] statute of limitations defense, and I won that unopposed in June of 2014 after the complaint
[42:37.800 --> 42:43.800] actually said that I had a loan which was accelerated in 2007 and the last payment was
[42:43.800 --> 42:44.800] in 2007.
[42:44.800 --> 42:50.840] This complaint was filed in 2013, more than six years past the statute of limitations.
[42:50.840 --> 42:54.840] Now, as far as this goes, I was like a deer in the headlights when I got this complaint.
[42:54.840 --> 43:00.360] I was talking to a servicer about doing some kind of deed and move a foreclosure originally.
[43:00.360 --> 43:07.560] So I responded late to this complaint and in my response, I did not make a statute of
[43:07.560 --> 43:10.520] limitations affirmative defense, but I...
[43:10.520 --> 43:11.520] Doesn't matter.
[43:11.520 --> 43:12.520] Okay.
[43:12.520 --> 43:15.040] Subject matter jurisdiction.
[43:15.040 --> 43:16.040] Yeah.
[43:16.040 --> 43:21.200] Now, that'll be part of my question here in just a moment, because we talked about this,
[43:21.200 --> 43:22.200] gentlemen.
[43:22.200 --> 43:25.880] I'll tell you, I did question fraudulent assignment in the original response.
[43:25.880 --> 43:33.800] I have a very obviously fraudulent assignment, and I also mentioned, this was to my detriment,
[43:33.800 --> 43:39.520] but I mentioned a loss mitigation payment attempted in 2009, this is a return.
[43:39.520 --> 43:45.720] We'll pick it up, pick that back.
[43:45.720 --> 43:48.240] Let's recap that on the other side.
[43:48.240 --> 43:54.240] 512-646-1984 will fill the two blank spots I see on my caller page.
[43:54.240 --> 43:57.480] You're listening to Rule of Law Radio with Randy Kelton, Steve Skidmore.
[43:57.480 --> 43:58.480] Stay tuned.
[43:58.480 --> 43:59.480] We'll be right back.
[43:59.480 --> 44:00.480] Hello.
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[44:43.240 --> 45:01.240] Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.240 --> 45:04.440] Are you the plaintiff or defendant in a lawsuit?
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[47:21.200 --> 47:24.800] LogosRadioNetwork.com, thank you for the correction.
[47:24.800 --> 47:28.880] And Randy, have you got an ad for your soap yet?
[47:28.880 --> 47:30.360] No, I don't.
[47:30.360 --> 47:31.920] You need one.
[47:31.920 --> 47:38.520] Yes, and I have one more experiment I need to do before I finalize the formula.
[47:38.520 --> 47:40.000] Ah, lovely.
[47:40.000 --> 47:45.640] I'm putting peroxide in it.
[47:45.640 --> 47:54.240] What the peroxide does, you see, this is pure soap, there's no fillers, a bar of this soap
[47:54.240 --> 48:01.120] will last about ten times as long as a normal bar of soap, so it's somewhat hard.
[48:01.120 --> 48:07.640] And the next formula, I'll put peroxide in it so that you wet it slightly and set your
[48:07.640 --> 48:13.440] hand on the bar and you can feel it foam up under your hand.
[48:13.440 --> 48:19.840] It makes it, it gives it a real silky, smooth, when you rub it on your skin, the peroxide
[48:19.840 --> 48:25.000] bubbles up under your hand, so it makes it glide and makes it feel silky smooth.
[48:25.000 --> 48:26.000] Very nice.
[48:26.000 --> 48:34.040] But in order to test it, I have to buy a 50 gallon drum, a 50% food grade peroxide, and
[48:34.040 --> 48:36.240] I haven't got that done yet.
[48:36.240 --> 48:37.240] Ah, okay.
[48:37.240 --> 48:41.800] I do have some I need to send out, I've got a couple people that want me to send them.
[48:41.800 --> 48:47.640] Deb's going to get me some addresses for the people who contributed to the network.
[48:47.640 --> 48:52.840] I'll use the one I have, it's got colloidal silver in it.
[48:52.840 --> 48:57.320] I don't like to experiment with two things at once because I want to see exactly how
[48:57.320 --> 48:58.320] it functions.
[48:58.320 --> 49:03.280] But the colloidal silver works great, I don't use deodorant.
[49:03.280 --> 49:06.240] And you can only smell me from about three feet away.
[49:06.240 --> 49:07.240] Lovely.
[49:07.240 --> 49:09.520] We're excited to know that.
[49:09.520 --> 49:16.040] Actually, it does work really well for that purpose because you know, silver has that
[49:16.040 --> 49:18.920] effect on bacteria, fungus, and...
[49:18.920 --> 49:19.920] It sure does.
[49:19.920 --> 49:20.920] It sure does.
[49:20.920 --> 49:21.920] Yeah.
[49:21.920 --> 49:26.920] Anti-fungal, anti-bacterial, and anti-everything else.
[49:26.920 --> 49:33.360] But anyway, didn't mean to put you on the spot with soap, but you do make pretty good
[49:33.360 --> 49:34.360] soap.
[49:34.360 --> 49:40.880] So, Mark in Texas, sorry to hold you up, but statutes of limitations as an affirmative
[49:40.880 --> 49:41.880] defense.
[49:41.880 --> 49:42.880] Yeah.
[49:42.880 --> 49:52.200] I basically said, you know, I want a motion to dismiss Plaintiff's Cause of Action June
[49:52.200 --> 49:53.200] 2014.
[49:53.200 --> 49:58.400] And this is clearly, you know, the situation in which their complaint was filed past the
[49:58.400 --> 49:59.400] statute of limitations.
[49:59.400 --> 50:01.560] What I was bringing up here...
[50:01.560 --> 50:03.560] Let me give you some food for thought.
[50:03.560 --> 50:04.560] Okay.
[50:04.560 --> 50:10.160] How well a researcher are you on case law?
[50:10.160 --> 50:15.760] I have a little bit of an access to, I think, LexisNexis, if you think, online.
[50:15.760 --> 50:16.760] Perfect.
[50:16.760 --> 50:17.760] Perfect.
[50:17.760 --> 50:18.760] And who will start?
[50:18.760 --> 50:19.760] Yeah.
[50:19.760 --> 50:20.760] Okay.
[50:20.760 --> 50:26.960] Here, if you have access to Lexis, here are some search terms.
[50:26.960 --> 50:28.880] Okay.
[50:28.880 --> 50:38.520] Cause of action and expired.
[50:38.520 --> 50:44.680] What I have found in searching Lexis for case law in support of the affirmative defense
[50:44.680 --> 50:52.120] of statute of limitations for the passing of time is that once the statute of limitations
[50:52.120 --> 50:58.560] has run, the cause of action itself has expired.
[50:58.560 --> 51:06.000] So if there is no cause of action before the court, that would be...
[51:06.000 --> 51:11.120] That would call, clearly call for a plea to the jurisdiction of the court.
[51:11.120 --> 51:12.120] I know.
[51:12.120 --> 51:13.120] We've talked about this.
[51:13.120 --> 51:18.000] If there is no cause of action before the court, what does the court have jurisdiction
[51:18.000 --> 51:19.000] over?
[51:19.000 --> 51:20.000] Nothing.
[51:20.000 --> 51:22.280] There's nothing there.
[51:22.280 --> 51:27.320] Though it appears there's something there, it is not viable.
[51:27.320 --> 51:31.920] There is no cause of action before the court because the cause of action expired with the
[51:31.920 --> 51:34.920] passing of time.
[51:34.920 --> 51:36.000] That I get.
[51:36.000 --> 51:40.360] And there's a lot of case law on that.
[51:40.360 --> 51:44.720] I couldn't actually find any in the state where I have this action.
[51:44.720 --> 51:48.760] I know the Senate, Texas, and I have some citations from a very good...
[51:48.760 --> 51:50.040] Oh, that's right.
[51:50.040 --> 51:53.160] Your cause is in Arkansas, isn't it?
[51:53.160 --> 51:54.160] That's right.
[51:54.160 --> 51:55.160] Yes.
[51:55.160 --> 51:56.160] Okay.
[51:56.160 --> 52:01.080] So that's what I made to continue, and I'll tie this in with a question in just a moment
[52:01.080 --> 52:04.200] because I absolutely love your thought.
[52:04.200 --> 52:08.200] You gave that to me back in December, actually, and it was a great idea.
[52:08.200 --> 52:10.880] It makes sense.
[52:10.880 --> 52:20.360] So I'm saying I responded late to their complaint, and the judge, I think, ended up accepting
[52:20.360 --> 52:21.360] it.
[52:21.360 --> 52:25.200] I didn't question statute of limitations in that response.
[52:25.200 --> 52:27.080] But I did question a fraudulent assignment.
[52:27.080 --> 52:29.280] I didn't even realize I'd done that.
[52:29.280 --> 52:31.000] And I heard you guys talking about assignments earlier.
[52:31.000 --> 52:35.720] I have one from an original lender that was out of business in 2008 that was supposedly
[52:35.720 --> 52:37.600] done in 2013.
[52:37.600 --> 52:40.160] So to keep going.
[52:40.160 --> 52:47.200] Within 60 days of my winning the dismissal of plaintiff's cause of action, an attorney
[52:47.200 --> 52:50.560] that I actually work with looked at my case a little bit.
[52:50.560 --> 52:53.560] He doesn't know anywhere near what you guys know about this.
[52:53.560 --> 52:57.720] But he looked at it and he said, hey, this is beyond the statute of limitations.
[52:57.720 --> 53:02.400] He had me file a motion to strike those answers and file general denials.
[53:02.400 --> 53:08.920] And then I filed a motion for my affirmative defense or motion to dismiss based on my affirmative
[53:08.920 --> 53:10.920] defense of statute of limitations.
[53:10.920 --> 53:13.800] It sat on the judge's desk unopposed for 90 days.
[53:13.800 --> 53:15.960] I have proof of service.
[53:15.960 --> 53:18.960] And the judge signed my order and closed the case.
[53:18.960 --> 53:24.440] I was reopened shortly after that in a motion to reopen.
[53:24.440 --> 53:30.640] In that motion, I mentioned this last time, the plaintiffs lied saying that the first
[53:30.640 --> 53:36.800] acceleration was in 2010, which is directly conflicting their original complaint.
[53:36.800 --> 53:40.680] And they also failed to include some exhibits showing payments, et cetera.
[53:40.680 --> 53:41.680] Objection.
[53:41.680 --> 53:44.720] Was this an attorney who lied?
[53:44.720 --> 53:46.080] Yes.
[53:46.080 --> 53:47.840] Objection.
[53:47.840 --> 53:49.960] Things cannot lie.
[53:49.960 --> 53:50.960] Legally impossible.
[53:50.960 --> 53:51.960] OK, I got it.
[53:51.960 --> 53:52.960] They commit aggravated perjury?
[53:52.960 --> 53:53.960] Am I right?
[53:53.960 --> 54:00.480] Aggravated perjury, fraudulent or negligent misrepresentation of material facts, so on
[54:00.480 --> 54:01.480] so forth.
[54:01.480 --> 54:02.480] Got it.
[54:02.480 --> 54:03.480] OK.
[54:03.480 --> 54:04.480] Perfect.
[54:04.480 --> 54:11.640] And I've already looked that up in that state at the class C felony, so important.
[54:11.640 --> 54:17.040] I didn't respond or oppose their motion to reopen at the time because I thought I might
[54:17.040 --> 54:20.960] actually hire an attorney who asked me to put it all together in a PDF and send it to
[54:20.960 --> 54:21.960] them.
[54:21.960 --> 54:26.120] Didn't know a thing really at that time, but I've been listening to you guys for a while
[54:26.120 --> 54:30.680] and around that time, I woke up and I started to read the code and I started to read up
[54:30.680 --> 54:31.680] on things.
[54:31.680 --> 54:32.680] Thanks to you guys.
[54:32.680 --> 54:39.200] Really great thanks to you, Randy and Steve and Jeff, who calls in every once in a while.
[54:39.200 --> 54:45.680] I found two statutes as I started researching the property code, one relative to the extension
[54:45.680 --> 54:50.400] and the maturity date, mentioned this on the show before, and I included it in the latest
[54:50.400 --> 54:51.400] motion.
[54:51.400 --> 54:57.440] But basically, they note that payments made to a third party do not toll the statute of
[54:57.440 --> 54:59.240] limitations.
[54:59.240 --> 55:02.920] And then I added that and I filed a new motion.
[55:02.920 --> 55:08.320] Now, the attorneys bringing the suit, whom I noted were, I said they lied, but they committed
[55:08.320 --> 55:13.680] aggravated perjury and I'll do that in the next talks I'll file if I do, but they were
[55:13.680 --> 55:16.880] fired and now there are new attorneys.
[55:16.880 --> 55:21.840] And this is why I wanted to ask about the statute of limitations, the fence, because
[55:21.840 --> 55:25.880] they were saying it was not available as it was not brought up in the answer.
[55:25.880 --> 55:31.080] And I believe you guys have already shared right by the end of my thought on here by
[55:31.080 --> 55:38.200] saying if they didn't have sufficient capacity based on the prima facie face value of the
[55:38.200 --> 55:45.480] original complaint, then they don't have sufficient capacity to invoke the jurisdiction of the
[55:45.480 --> 55:46.480] court.
[55:46.480 --> 55:49.360] And the court has no jurisdiction over this subject of jurisdiction.
[55:49.360 --> 55:50.360] Correct.
[55:50.360 --> 55:51.360] Correct.
[55:51.360 --> 55:53.720] Well, there's no subject matter before the court.
[55:53.720 --> 55:55.600] That's the whole point.
[55:55.600 --> 56:03.880] If there's, if time has, if enough time has passed to, for the statute of limitations
[56:03.880 --> 56:08.500] to run, the cause of action itself has expired.
[56:08.500 --> 56:15.500] If the cause of action itself has expired by proxy, there is no subject matter before
[56:15.500 --> 56:16.500] the court.
[56:16.500 --> 56:19.720] So if there is no subject matter before the court, what does the court have jurisdiction
[56:19.720 --> 56:20.720] over?
[56:20.720 --> 56:24.560] The court would have only limited jurisdiction and that jurisdiction would be limited to
[56:24.560 --> 56:26.520] dismissing the plaintiff's case.
[56:26.520 --> 56:27.520] Yeah.
[56:27.520 --> 56:32.360] They, they can bring no controversy before it to the court.
[56:32.360 --> 56:40.200] The only way they can get standing is to bring a controversy, but their controversy or their
[56:40.200 --> 56:43.480] potential for a controversy has expired.
[56:43.480 --> 56:45.040] Yep.
[56:45.040 --> 56:51.200] I think, I think that much is clear, but it gets a little hairy in one sense here in that
[56:51.200 --> 56:54.720] I mentioned that I've attempted to make a payment and this is where I wanted to ask
[56:54.720 --> 56:59.920] you guys since I heard you earlier talking about assignments and fraudulent assignments
[56:59.920 --> 57:05.680] and a recent case, which I wrote down but don't have in front of me, but I promise you
[57:05.680 --> 57:06.680] I wrote it.
[57:06.680 --> 57:09.680] I just, I just don't have it in my mind.
[57:09.680 --> 57:15.300] In any event, I'll file a plea to the jurisdiction without any doubt on the face value of their
[57:15.300 --> 57:16.300] complaint.
[57:16.300 --> 57:23.000] They have no standing or no, no capacity to invoke the jurisdiction of the court.
[57:23.000 --> 57:29.520] So then how would you know that you attempted to make a payment to the proper party?
[57:29.520 --> 57:35.560] How would I know that I, well, here's, here's the thing there.
[57:35.560 --> 57:37.800] I'm not 100% sure what you're asking.
[57:37.800 --> 57:38.800] How would I know?
[57:38.800 --> 57:39.800] Okay.
[57:39.800 --> 57:40.800] Let me, let me explain what I'm asking.
[57:40.800 --> 57:41.800] Okay.
[57:41.800 --> 57:42.800] Please.
[57:42.800 --> 57:49.960] You have got to have some, some type of proof that you're paying the right guy because if
[57:49.960 --> 57:54.640] you're paying the wrong guy, the right guy is bound to stand up and say, Hey, I haven't
[57:54.640 --> 57:55.640] been paid.
[57:55.640 --> 58:01.360] Well, I sent my payments to George, but George isn't the right party.
[58:01.360 --> 58:05.960] Frank is now Frank's saying I haven't been paid.
[58:05.960 --> 58:10.840] So with, with the fouled up assignment, how are you to know you're making payments to
[58:10.840 --> 58:12.520] the right person?
[58:12.520 --> 58:18.840] What I'm saying in that is that that attempt to make a payment is moot.
[58:18.840 --> 58:23.840] It doesn't matter.
[58:23.840 --> 58:26.040] There is no relevance.
[58:26.040 --> 58:31.920] Well, I see we're, we're fixing to go to break and we'll get back on that right after this
[58:31.920 --> 58:32.920] break folks.
[58:32.920 --> 58:34.200] And this is the top of the hour breaks.
[58:34.200 --> 58:36.200] We'll be back after the news.
[58:36.200 --> 58:42.240] 512-646-1984, we'll fill that one last blank spot on our caller list.
[58:42.240 --> 58:43.440] That'll put you in line behind.
[58:43.440 --> 58:46.280] I see a Marcus in Virginia has called back in.
[58:46.280 --> 58:48.360] You're listening to rule of law radio on Friday night.
[58:48.360 --> 58:50.400] We'll be right back.
[58:50.400 --> 58:54.560] Would you like to make more definite progress in your walk with God?
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[59:52.800 --> 01:00:03.320] You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.320 --> 01:00:07.840] This is the Liberty Beat, your daily source for Liberty news and activist updates online
[01:00:07.840 --> 01:00:09.600] at thelibertybeat.com.
[01:00:09.600 --> 01:00:14.040] I'm Brian Hagan with your Liberty Beat for Friday, March 13th, 2015.
[01:00:14.040 --> 01:00:21.360] Gold is trading at $1,154, silver at $15.59, and bitcoin is trading around $291.
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[01:00:28.920 --> 01:00:33.280] In the news, a post office in Colorado has been found using hidden cameras to record
[01:00:33.280 --> 01:00:36.760] the license plates and facial features of customers leaving.
[01:00:36.760 --> 01:00:40.880] Fox 31 Denver investigative reporter Chris Hulsney confirmed that hidden cameras and
[01:00:40.880 --> 01:00:44.680] recorders owned and operated by the United States Postal Inspection Service were being
[01:00:44.680 --> 01:00:47.420] used in Golden, Colorado, outside of Denver.
[01:00:47.420 --> 01:00:51.800] The camera was found hidden inside a utilities box around Thanksgiving 2014.
[01:00:51.800 --> 01:00:56.560] A spokesperson for Postal Inspection Service declined to confirm or deny whether the camera
[01:00:56.560 --> 01:00:58.840] was collecting data for specific cases.
[01:00:58.840 --> 01:01:05.600] After the camera was initially reported, it was removed.
[01:01:05.600 --> 01:01:09.320] A new bill that would restrict the ability to film the police and create a dangerous
[01:01:09.320 --> 01:01:13.200] definition of media has been introduced to the Texas House of Representatives.
[01:01:13.200 --> 01:01:18.280] Texas House Bill 2918 would require individuals filming or recording the police to be at least
[01:01:18.280 --> 01:01:23.000] 25 feet away, and those who are open carrying would need to be more than 100 feet away.
[01:01:23.000 --> 01:01:28.680] The bill also sets the standard for filming police to only radio or TV media outlets that
[01:01:28.680 --> 01:01:36.560] hold a license that has been issued by the Federal Communications Commission.
[01:01:36.560 --> 01:01:40.880] A new Texas bill would grant Attorney General Ken Paxton's office the ability to allow or
[01:01:40.880 --> 01:01:43.080] disallow local initiatives.
[01:01:43.080 --> 01:01:47.640] Texas House Bill 540 was introduced by Representative Bill King and would require any referendum
[01:01:47.640 --> 01:01:52.120] or ballot initiative in one of Texas' Home Rule Charter Cities to be reviewed by the
[01:01:52.120 --> 01:01:53.760] Attorney General's office.
[01:01:53.760 --> 01:01:57.400] The Attorney General's office would decide if the local initiative violates the Texas
[01:01:57.400 --> 01:02:02.920] or Federal Constitution, a state statute, or a rule adopted as authorized by state statute.
[01:02:02.920 --> 01:02:06.880] The bill is aimed at combating local initiatives such as bans on genetically engineered foods
[01:02:06.880 --> 01:02:07.880] and fracking.
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[01:02:46.160 --> 01:02:51.080] This is the Liberty Beat for Friday, March 13, 2015.
[01:02:51.080 --> 01:03:00.520] Make sure you check out the website at TheLibertyBeat.com.
[01:03:00.520 --> 01:03:30.080] Welcome
[01:03:30.080 --> 01:03:32.000] back to Rural Law Radio, folks.
[01:03:32.000 --> 01:03:36.360] You're listening to Randy Kelton, Steve Skidmore, and we were visiting with Mark in Texas.
[01:03:36.360 --> 01:03:43.440] Now Mark, Randy and I had a little bit of discussion over the break, not much, but all
[01:03:43.440 --> 01:03:44.680] it needs.
[01:03:44.680 --> 01:03:55.320] Would you agree that making a payment or attempting to make a payment does not toll the statute
[01:03:55.320 --> 01:04:00.320] of limitations or restart the limitation period?
[01:04:00.320 --> 01:04:02.360] Are you asking me?
[01:04:02.360 --> 01:04:05.240] Say it again.
[01:04:05.240 --> 01:04:11.640] There is a, in this state where I have this action, and I believe in most, I'm not sure,
[01:04:11.640 --> 01:04:17.160] but generally if you make a payment or if you even have a discussion with someone acknowledging
[01:04:17.160 --> 01:04:25.760] the debt in this state, then that tolls the statute of limitations in terms of the general
[01:04:25.760 --> 01:04:26.760] code.
[01:04:26.760 --> 01:04:31.280] But what I found is something specific in the real estate code in a state which is not
[01:04:31.280 --> 01:04:33.640] necessarily what I guess we call a recording state.
[01:04:33.640 --> 01:04:43.640] Arkansas is nowhere near as great as Pennsylvania in that case, from what I read a little bit.
[01:04:43.640 --> 01:04:52.280] Before you go much further, let me add some clarity to the term tolling statute of limitations.
[01:04:52.280 --> 01:04:59.720] A period of statute of limitations can be tolled so long as you are within that period.
[01:04:59.720 --> 01:05:07.480] Let's say there's a two-year statute of limitations on suing for personal injury.
[01:05:07.480 --> 01:05:16.920] If within that two-year period something happens, that would push the pause button, AKA toll
[01:05:16.920 --> 01:05:19.080] that statute of limitations.
[01:05:19.080 --> 01:05:28.560] However, once that statute of limitations has run, there's no tolling it.
[01:05:28.560 --> 01:05:33.760] Nor can you restart that statute of limitations.
[01:05:33.760 --> 01:05:40.040] You're telling me that they are suing six years outside that statute of limitations.
[01:05:40.040 --> 01:05:46.720] Now tell me what would toll that time period that has already passed?
[01:05:46.720 --> 01:05:52.080] What would restart that that has already passed?
[01:05:52.080 --> 01:05:54.920] Here's the argument that's being given.
[01:05:54.920 --> 01:06:01.520] In the original complaint where they really probably didn't have actual accounting, I
[01:06:01.520 --> 01:06:06.600] believe that their client is probably a debt buyer that's a servicer, which actually signed
[01:06:06.600 --> 01:06:08.600] as a VP of MERS.
[01:06:08.600 --> 01:06:11.280] If they have a client at all?
[01:06:11.280 --> 01:06:13.280] If they have a client at all, yes.
[01:06:13.280 --> 01:06:14.280] Okay, good.
[01:06:14.280 --> 01:06:15.280] You've seen a lot.
[01:06:15.280 --> 01:06:22.600] In this case, just to clarify, and we've spoken about this when I've talked to you guys before,
[01:06:22.600 --> 01:06:24.760] but I'll make it completely clear.
[01:06:24.760 --> 01:06:25.760] Okay.
[01:06:25.760 --> 01:06:33.640] The original complaint says, loan accelerated in 2007, they filed this complaint in 2013.
[01:06:33.640 --> 01:06:39.040] Six years, if I was smart and I knew what I know now, I would have immediately filed
[01:06:39.040 --> 01:06:43.480] a motion to dismiss based on the statute of limitations, and that would have been the
[01:06:43.480 --> 01:06:44.480] end of it.
[01:06:44.480 --> 01:06:45.480] Nobody would have said a thing.
[01:06:45.480 --> 01:06:48.480] They wouldn't have been able to do a thing.
[01:06:48.480 --> 01:06:52.240] Keeping the subject matter jurisdiction would have been appropriate too, as you brought
[01:06:52.240 --> 01:06:54.440] it up.
[01:06:54.440 --> 01:06:55.840] I didn't mention then.
[01:06:55.840 --> 01:07:00.480] Now, when I responded, I was a guy who was like a deer in the headlights.
[01:07:00.480 --> 01:07:06.640] I do not know how to assert my rights to reflect on the theme you guys used earlier, and I
[01:07:06.640 --> 01:07:08.800] love what you have to say about it.
[01:07:08.800 --> 01:07:10.960] You don't have them if you don't assert them.
[01:07:10.960 --> 01:07:11.960] That's right.
[01:07:11.960 --> 01:07:18.440] They're given by the creator only if you choose to stand up and be part of that.
[01:07:18.440 --> 01:07:19.440] Correct.
[01:07:19.440 --> 01:07:22.520] I intend to do it, I promise.
[01:07:22.520 --> 01:07:28.040] I tell you, in this case, I noted at the time just simply that they were wrong.
[01:07:28.040 --> 01:07:30.560] I wanted to tell the judge, these guys are wrong.
[01:07:30.560 --> 01:07:39.400] The last payment I made or attempted to make was not in 2007, but it was in 2010.
[01:07:39.400 --> 01:07:48.400] Here is a Western Union return receipt showing a payment that was returned by, if you want
[01:07:48.400 --> 01:07:55.200] to name names, you might as well do it, returned by Chase now.
[01:07:55.200 --> 01:08:02.400] If Chase was my original lender, I believe that might have told the statute of limitations.
[01:08:02.400 --> 01:08:05.680] They're trying to keep it just that simple as they make their arguments in front of the
[01:08:05.680 --> 01:08:06.680] judge.
[01:08:06.680 --> 01:08:11.120] They're just completely whitewashing, not even paying attention to the statutes that
[01:08:11.120 --> 01:08:14.400] I've put in my motion.
[01:08:14.400 --> 01:08:19.440] What I read is this, or to explain, and this is the second part of my question anyway about
[01:08:19.440 --> 01:08:22.200] standing and challenging standing.
[01:08:22.200 --> 01:08:29.880] My original loan was done with a subprime lender called Fremont Financial, and Fremont
[01:08:29.880 --> 01:08:33.080] Financial did this in 2005.
[01:08:33.080 --> 01:08:41.720] I have a document that was sent to me by mail from Fremont which says this, and you'll appreciate
[01:08:41.720 --> 01:08:50.520] how vague this is, it said, your promissory note, your loan has been assigned, sold, transferred
[01:08:50.520 --> 01:08:57.840] from Fremont to Chase effective on 3-1-2006.
[01:08:57.840 --> 01:09:04.960] They were saying that my present servicer was Fremont, and now it would be Chase.
[01:09:04.960 --> 01:09:10.760] I don't know if we're saying that they decided to stop servicing it, or if they actually
[01:09:10.760 --> 01:09:11.760] sold it.
[01:09:11.760 --> 01:09:14.800] Now later on, as I looked at documents that I have that have been-
[01:09:14.800 --> 01:09:17.520] Well, they wouldn't have sold the loan, I don't think.
[01:09:17.520 --> 01:09:20.000] They would have sold the rights to servicing.
[01:09:20.000 --> 01:09:22.760] Rights to servicing, okay.
[01:09:22.760 --> 01:09:31.960] Now, if they sold the rights to servicing, that could be an interesting thing.
[01:09:31.960 --> 01:09:37.440] That might mean that a payment made in 2009 might actually hold the statute of limitations
[01:09:37.440 --> 01:09:43.160] because a payment made to Chase could very well have been a payment to Fremont, but-
[01:09:43.160 --> 01:09:51.480] Let me ask you this, did the statute of limitations pass or did it run prior to your attempt to
[01:09:51.480 --> 01:09:55.760] make this payment?
[01:09:55.760 --> 01:09:56.760] It did not.
[01:09:56.760 --> 01:09:57.760] Okay.
[01:09:57.760 --> 01:10:04.000] This is vague in that they say that the acceleration was in 2007.
[01:10:04.000 --> 01:10:08.160] I have something a little earlier than that showing the first acceleration where it would
[01:10:08.160 --> 01:10:14.600] have started to run, but in 2009, I attempted to make a payment to Chase.
[01:10:14.600 --> 01:10:21.560] What's rather interesting here is Fremont was out of business in 2008, and after that,
[01:10:21.560 --> 01:10:28.680] they have a different name altogether, and Chase might possibly have been involved in
[01:10:28.680 --> 01:10:36.120] servicing that, but whenever I look at the assignment made in 2013, the assignment is
[01:10:36.120 --> 01:10:43.600] Fremont via Merz to US Bank as a trustee for JP Motor Chase.
[01:10:43.600 --> 01:10:48.760] I believe that is, as Randy had brought up before, and I'm going to ask you guys if you
[01:10:48.760 --> 01:10:53.520] still agree, I believe that's something where we have a dead man doing something and they
[01:10:53.520 --> 01:10:56.840] cannot do that.
[01:10:56.840 --> 01:11:01.800] In that state, Merz does not have standing to make any assignments at all.
[01:11:01.800 --> 01:11:07.800] The Merz VP, as we all know, everybody's a Merz VP, even though Merz has no employees,
[01:11:07.800 --> 01:11:13.880] the Merz VP who signed this assignment is actually someone who's noted as a known noble
[01:11:13.880 --> 01:11:14.880] signer.
[01:11:14.880 --> 01:11:17.760] I don't know exactly how to bring all that out, but I found it online, and this person
[01:11:17.760 --> 01:11:24.560] is actually an employee of the presently alleged servicer.
[01:11:24.560 --> 01:11:25.560] Okay.
[01:11:25.560 --> 01:11:26.560] Hold on.
[01:11:26.560 --> 01:11:29.600] I don't know how to bring that out.
[01:11:29.600 --> 01:11:40.160] Send a letter to Merz asking Merz to confirm that this person is in fact a vice president
[01:11:40.160 --> 01:11:45.880] or secretary, whatever, for Merz by providing you with evidence of power of attorney for
[01:11:45.880 --> 01:11:49.160] this person to sign for Merz.
[01:11:49.160 --> 01:11:50.600] Okay.
[01:11:50.600 --> 01:11:54.800] You won't get it, at least you hope you don't get it.
[01:11:54.800 --> 01:11:55.800] Yeah.
[01:11:55.800 --> 01:11:56.800] Okay.
[01:11:56.800 --> 01:12:00.720] Then you can go to the court and say, if you went to the court and said, your honor, this
[01:12:00.720 --> 01:12:05.960] person's a robo signer, while his name splattered all over the internet, the court's going to
[01:12:05.960 --> 01:12:06.960] say so.
[01:12:06.960 --> 01:12:07.960] Yeah.
[01:12:07.960 --> 01:12:11.800] How does that mean that in this case they were a robo signer?
[01:12:11.800 --> 01:12:16.280] But when you go to the court and say, your honor, this person's name splattered all over
[01:12:16.280 --> 01:12:21.840] the internet, so I had reason to believe that he might be a robo signer and this signature
[01:12:21.840 --> 01:12:23.640] on this document might be invalid.
[01:12:23.640 --> 01:12:32.360] So I sent a request to the principal for evidence of power of attorney for this person, and
[01:12:32.360 --> 01:12:38.480] I did not get that evidence of power of attorney, therefore, I have specific reason to believe
[01:12:38.480 --> 01:12:41.680] and do believe that this guy's a robo signer.
[01:12:41.680 --> 01:12:42.680] Right.
[01:12:42.680 --> 01:12:43.680] Okay.
[01:12:43.680 --> 01:12:44.680] That goes to Parmifatian.
[01:12:44.680 --> 01:12:45.680] Okay.
[01:12:45.680 --> 01:12:57.640] Well, from what I can tell, based on the plaintiff's original complaint, they did not have capacity
[01:12:57.640 --> 01:13:01.840] at that time to invoke the subject matter jurisdiction in the court.
[01:13:01.840 --> 01:13:07.560] Now I will absolutely just make that clear and simple in some documents separate from
[01:13:07.560 --> 01:13:08.560] my motion.
[01:13:08.560 --> 01:13:11.880] I want to ask you guys about strategy in a way.
[01:13:11.880 --> 01:13:17.520] All things considered, the new attorneys that are now handling this are questioning whether
[01:13:17.520 --> 01:13:21.640] I can actually do that, even though the judge has already signed one order that they granted.
[01:13:21.640 --> 01:13:22.840] Sure, you can do that.
[01:13:22.840 --> 01:13:30.440] It's called a supplement to your motion titled whatever blah, blah, blah.
[01:13:30.440 --> 01:13:31.440] Yeah.
[01:13:31.440 --> 01:13:36.400] So I want to ask you, should I change the name of my motion?
[01:13:36.400 --> 01:13:42.240] My motion is now called motion to dismiss based on his affirmative action of statute
[01:13:42.240 --> 01:13:43.240] of limitations.
[01:13:43.240 --> 01:13:44.240] And now I should...
[01:13:44.240 --> 01:13:45.240] Affirmative defense.
[01:13:45.240 --> 01:13:46.240] Yeah.
[01:13:46.240 --> 01:13:47.240] Yeah.
[01:13:47.240 --> 01:13:48.240] Yeah.
[01:13:48.240 --> 01:13:49.240] Forgive me.
[01:13:49.240 --> 01:13:50.240] It's okay.
[01:13:50.240 --> 01:13:54.320] Now it's changed to something like, yeah, subject matter jurisdiction and failure to
[01:13:54.320 --> 01:14:00.480] state a cause of action upon which release can be granted, if that makes sense, since
[01:14:00.480 --> 01:14:02.840] it's passed the statute of limitations.
[01:14:02.840 --> 01:14:05.960] You might consider this.
[01:14:05.960 --> 01:14:16.680] You might consider leaving your motion as is, but supplementing with a plea to the jurisdiction.
[01:14:16.680 --> 01:14:17.680] Okay.
[01:14:17.680 --> 01:14:18.680] Got it.
[01:14:18.680 --> 01:14:24.320] Plead to the jurisdiction is one of the original pleas.
[01:14:24.320 --> 01:14:30.640] There's only a handful of actual pleas and a plea to the jurisdiction is one of them.
[01:14:30.640 --> 01:14:33.720] And it's a very powerful one.
[01:14:33.720 --> 01:14:40.920] If the court has, if there's no subject matter before the court, because the cause of action
[01:14:40.920 --> 01:14:46.800] has expired, the court lacks jurisdiction to entertain anything other than a dismissal
[01:14:46.800 --> 01:14:50.920] of the plaintiff's action.
[01:14:50.920 --> 01:14:56.600] And would this be the case even if they have subsequently tried to bring out or suggested
[01:14:56.600 --> 01:15:00.200] there were payments made and now they know because I said...
[01:15:00.200 --> 01:15:01.200] Objection irrelevant.
[01:15:01.200 --> 01:15:02.200] Irrelevant.
[01:15:02.200 --> 01:15:03.200] Okay.
[01:15:03.200 --> 01:15:04.200] Okay.
[01:15:04.200 --> 01:15:10.400] Now these payments that I made were made to a third party to the original transaction.
[01:15:10.400 --> 01:15:12.400] Objection irrelevant.
[01:15:12.400 --> 01:15:13.400] Okay.
[01:15:13.400 --> 01:15:18.360] The only thing that is relevant here is subject matter jurisdiction.
[01:15:18.360 --> 01:15:19.360] Okay.
[01:15:19.360 --> 01:15:20.880] I'm going to do it.
[01:15:20.880 --> 01:15:22.880] You're telling me do it.
[01:15:22.880 --> 01:15:23.880] Don't be stupid.
[01:15:23.880 --> 01:15:24.880] Do it.
[01:15:24.880 --> 01:15:25.880] I'm not telling you do it.
[01:15:25.880 --> 01:15:35.480] I'm just telling you to entertain the thought when you, here's my reasoning behind this.
[01:15:35.480 --> 01:15:40.320] When jurisdiction, okay, let's talk about jurisdiction.
[01:15:40.320 --> 01:15:44.200] There's three elements to jurisdiction.
[01:15:44.200 --> 01:15:50.680] There is venue, which I take it you're in the proper venue.
[01:15:50.680 --> 01:15:57.440] There is in personum, which could be highly questionable given the information regarding
[01:15:57.440 --> 01:15:59.560] the assignment.
[01:15:59.560 --> 01:16:02.000] And there is subject matter.
[01:16:02.000 --> 01:16:08.400] In personum jurisdiction can be waived as where subject matter cannot.
[01:16:08.400 --> 01:16:12.760] If you're challenging the jurisdiction of the court, raising issues of subject matter
[01:16:12.760 --> 01:16:18.720] jurisdiction due to the fact that there's no subject matter before the court, the court
[01:16:18.720 --> 01:16:29.440] must establish jurisdiction before proceeding period bar none.
[01:16:29.440 --> 01:16:34.920] So that's why I keep saying objection irrelevant, objection irrelevant.
[01:16:34.920 --> 01:16:37.960] I don't care what their argument is.
[01:16:37.960 --> 01:16:44.240] What relevance does it have to the determination by this court of jurisdiction over the subject
[01:16:44.240 --> 01:16:46.840] matter, which doesn't exist.
[01:16:46.840 --> 01:16:50.120] And I hear the music in the background, we'll pick that back up on the other side of the
[01:16:50.120 --> 01:16:51.120] break.
[01:16:51.120 --> 01:16:54.880] 512-646-1984 is the number to dial.
[01:16:54.880 --> 01:16:55.880] Stay tuned.
[01:16:55.880 --> 01:17:00.880] We'll be right back.
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[01:19:24.960 --> 01:19:35.160] Welcome back to Rural Law Radio, folks.
[01:19:35.160 --> 01:19:37.560] Let's go back to Mark in Texas.
[01:19:37.560 --> 01:19:46.560] Now Mark, okay, let's say, well, we know that Chase is arguing by saying, well, he tried
[01:19:46.560 --> 01:19:52.160] to make a payment here and there, and it told the statute of limitations.
[01:19:52.160 --> 01:19:53.360] Okay.
[01:19:53.360 --> 01:19:56.080] You had mentioned some messed up assignments.
[01:19:56.080 --> 01:20:08.560] So what would, this would mean that Chase would have to prove that they are the proper
[01:20:08.560 --> 01:20:11.640] party to receive payments.
[01:20:11.640 --> 01:20:14.460] You'd mentioned some messed up assignments.
[01:20:14.460 --> 01:20:21.560] So in the shadow of these messed up assignments, Chase is not going to be able to prove that
[01:20:21.560 --> 01:20:23.880] they were the proper party.
[01:20:23.880 --> 01:20:30.800] So, well, let me finish here.
[01:20:30.800 --> 01:20:37.040] If Chase cannot prove that they are the proper party to receive payments under a messed up
[01:20:37.040 --> 01:20:44.320] assignment, which they cannot, then the statute of limitations continued to run.
[01:20:44.320 --> 01:20:47.560] Let me bring this into perspective.
[01:20:47.560 --> 01:20:54.000] Frank loans me $10, George says, hey, you owe me $10.
[01:20:54.000 --> 01:20:55.000] Really George?
[01:20:55.000 --> 01:20:56.400] What will you $10 for?
[01:20:56.400 --> 01:20:58.920] Well, I paid Frank.
[01:20:58.920 --> 01:21:08.200] Oh, well, I haven't heard anything from Frank, okay?
[01:21:08.200 --> 01:21:09.760] Frank doesn't know anything about it.
[01:21:09.760 --> 01:21:12.160] As a matter of fact, Frank's dead.
[01:21:12.160 --> 01:21:13.840] Yeah, exactly.
[01:21:13.840 --> 01:21:19.320] So now how are you, George, going to prove that you paid Frank?
[01:21:19.320 --> 01:21:21.160] He can't.
[01:21:21.160 --> 01:21:25.120] So the statute of limitations was never told.
[01:21:25.120 --> 01:21:28.400] Right.
[01:21:28.400 --> 01:21:34.040] That would be my thought here in that the original lender out of business in 2008, supposedly
[01:21:34.040 --> 01:21:39.000] assigning it in 2013, absolutely impossible.
[01:21:39.000 --> 01:21:40.000] They can't get there.
[01:21:40.000 --> 01:21:42.000] They can't get there.
[01:21:42.000 --> 01:21:43.000] Yeah.
[01:21:43.000 --> 01:21:49.040] So let me ask you, because I'm concerned about this, I've heard you guys say many times that
[01:21:49.040 --> 01:21:54.600] the whole purpose of this first level circuit court stuff is to prepare the record for appeal
[01:21:54.600 --> 01:21:57.160] so that you get your homework done.
[01:21:57.160 --> 01:22:02.080] Now I'm going to, I believe what I'm going to do, and I think it makes sense.
[01:22:02.080 --> 01:22:08.560] I'm going to give the judge something very simple and it will be a plea to the jurisdiction
[01:22:08.560 --> 01:22:12.320] and I'll try to find some Arkansas case law, which I gave up on before, but I'll dig on
[01:22:12.320 --> 01:22:13.320] it further.
[01:22:13.320 --> 01:22:14.320] Okay.
[01:22:14.320 --> 01:22:19.640] Then so that I have continuance because now in their motion to oppose, they're trying
[01:22:19.640 --> 01:22:25.640] to look like they're very simple and I'm bamboozling the court, which is the intact opposite.
[01:22:25.640 --> 01:22:31.960] They're asking the judge to find in their favor so that I can create continuance.
[01:22:31.960 --> 01:22:35.040] Should I bomb them with some interrogatories?
[01:22:35.040 --> 01:22:39.280] Before it was suggested by a friend of mine that was an attorney who'd done a little litigation,
[01:22:39.280 --> 01:22:41.800] he said, you want to keep this as simple as possible.
[01:22:41.800 --> 01:22:45.720] If you do that, it's just going to stretch this out, but I have some interrogatories
[01:22:45.720 --> 01:22:52.480] that I pulled off the web from a group of attorneys that publish things without officially
[01:22:52.480 --> 01:22:53.480] giving advice.
[01:22:53.480 --> 01:22:54.480] Okay.
[01:22:54.480 --> 01:22:59.320] They're good and they're relevant, but I want to ask you guys, what interrogatories would
[01:22:59.320 --> 01:23:04.320] help create a basis to destroy a fraudulent assignment?
[01:23:04.320 --> 01:23:10.560] For example, I know I'm going to ask on this date, on the date of the assignment, who was
[01:23:10.560 --> 01:23:12.520] this person employed by?
[01:23:12.520 --> 01:23:16.120] I'm also going to send the letter to Merz as Randy suggested, but we're talking about
[01:23:16.120 --> 01:23:18.040] the person who signed it.
[01:23:18.040 --> 01:23:19.040] Okay.
[01:23:19.040 --> 01:23:22.440] Let me pause you right there.
[01:23:22.440 --> 01:23:30.240] In any court, you're going to be very limited as to how many interrogatories you can submit.
[01:23:30.240 --> 01:23:39.360] If you can convert your interrogatory into an admission, you're not going to be limited
[01:23:39.360 --> 01:23:41.120] to admissions.
[01:23:41.120 --> 01:23:47.720] You can ask a million admissions, admit or deny this, admit or deny that.
[01:23:47.720 --> 01:23:48.720] Right.
[01:23:48.720 --> 01:23:55.680] Now, the reason I raise this is that I'm not trying to discourage you from submitting your
[01:23:55.680 --> 01:23:58.200] interrogatories.
[01:23:58.200 --> 01:24:05.240] What I am suggesting is that you use reservation with your interrogatories.
[01:24:05.240 --> 01:24:10.160] That is, think about your interrogatory really well before you put it on the table because
[01:24:10.160 --> 01:24:16.520] you're limited as to how many interrogatories you can submit.
[01:24:16.520 --> 01:24:21.120] From my perspective, discovery is an art form.
[01:24:21.120 --> 01:24:22.120] Yes it is.
[01:24:22.120 --> 01:24:25.240] Yes, it is an absolute art form.
[01:24:25.240 --> 01:24:29.960] This is part of the art is converting your interrogatories into admissions because there
[01:24:29.960 --> 01:24:32.400] are no limitations on admissions.
[01:24:32.400 --> 01:24:41.240] If you can trip them up on the admissions, for example, you were saying, did this person
[01:24:41.240 --> 01:24:46.440] work for you through this period to that period?
[01:24:46.440 --> 01:24:52.840] You might be able to convert that by saying, admit or deny this person worked for you between
[01:24:52.840 --> 01:24:57.960] this period and that period.
[01:24:57.960 --> 01:25:00.960] That way you have saved an interrogatory.
[01:25:00.960 --> 01:25:03.000] Got it.
[01:25:03.000 --> 01:25:10.400] Keep your interrogatories to questions that cannot be converted into requests for production,
[01:25:10.400 --> 01:25:15.820] requests for admissions or request for disclosures.
[01:25:15.820 --> 01:25:20.680] If you can convert any interrogatory into any other one of those phases of discovery,
[01:25:20.680 --> 01:25:26.040] do so and do so every time.
[01:25:26.040 --> 01:25:28.040] Reserve your interrogatories.
[01:25:28.040 --> 01:25:36.160] With respect to this person, there are three potential, there's the latest servicer, there's
[01:25:36.160 --> 01:25:41.320] the organization that's the plaintiff here, there's the original lender and then there's
[01:25:41.320 --> 01:25:44.560] Chase that was a servicer in between that assignment.
[01:25:44.560 --> 01:25:48.560] I could just hit them with four admissions and one of those is going to get something.
[01:25:48.560 --> 01:25:49.720] There you go.
[01:25:49.720 --> 01:25:50.720] There you go.
[01:25:50.720 --> 01:25:51.720] Yeah.
[01:25:51.720 --> 01:25:54.640] If that's okay, I'll bomb them with hundreds of these things.
[01:25:54.640 --> 01:25:55.640] Yes.
[01:25:55.640 --> 01:25:56.640] Yes.
[01:25:56.640 --> 01:25:58.800] The more, the better.
[01:25:58.800 --> 01:26:00.560] I love it.
[01:26:00.560 --> 01:26:04.320] This is good for all of your listeners and I appreciate you guys talking to me going
[01:26:04.320 --> 01:26:06.320] really in-depth and detailed here.
[01:26:06.320 --> 01:26:07.320] Great deal.
[01:26:07.320 --> 01:26:08.320] Sure.
[01:26:08.320 --> 01:26:18.880] I really, really do and now I understand more or less that being that the present organization
[01:26:18.880 --> 01:26:25.760] received this or was assigned this promissory note after it was already long in the vault,
[01:26:25.760 --> 01:26:31.520] they are under all of the rules and regulations of debt collectors.
[01:26:31.520 --> 01:26:38.840] So I've got all kinds of fun to have there and I may be able to actually just encourage
[01:26:38.840 --> 01:26:45.600] some continuance of this case by submitting qualified written requests and things of that
[01:26:45.600 --> 01:26:46.600] sort.
[01:26:46.600 --> 01:26:47.600] I haven't done any of this.
[01:26:47.600 --> 01:26:49.640] It's too late for a qualified written request.
[01:26:49.640 --> 01:26:50.640] Too late?
[01:26:50.640 --> 01:26:51.640] Yeah.
[01:26:51.640 --> 01:26:52.640] You're already in litigation.
[01:26:52.640 --> 01:26:53.640] Okay.
[01:26:53.640 --> 01:27:02.960] And besides, you wouldn't want to do that because as far as you're concerned, there
[01:27:02.960 --> 01:27:04.960] is no debt.
[01:27:04.960 --> 01:27:06.880] Oh, okay.
[01:27:06.880 --> 01:27:12.760] So asking for it is actually buying into the idea that it's there.
[01:27:12.760 --> 01:27:13.760] Yep.
[01:27:13.760 --> 01:27:17.480] That is, it's a tacit admission.
[01:27:17.480 --> 01:27:20.360] By questioning that, you're saying it exists.
[01:27:20.360 --> 01:27:21.360] Exactly.
[01:27:21.360 --> 01:27:25.560] I will not do that, I promise.
[01:27:25.560 --> 01:27:31.040] These subtleties are really going to eat your lunch or put it on the table.
[01:27:31.040 --> 01:27:32.040] Exactly.
[01:27:32.040 --> 01:27:36.680] And at this point, I'm going to do the fleet of the jurisdiction.
[01:27:36.680 --> 01:27:43.840] I'm going to clarify in my response everything that I can and I'll reveal to the judge how
[01:27:43.840 --> 01:27:48.120] they're essentially trying to pull the wool over his eyes.
[01:27:48.120 --> 01:27:55.600] And then if it makes sense, I'll hit them with admissions at the same time and make
[01:27:55.600 --> 01:28:01.240] them very plentiful and do something like a request for production of the notes and
[01:28:01.240 --> 01:28:09.880] a request for production of the actual payment history, complete history of assignment, complete
[01:28:09.880 --> 01:28:11.960] history of payment, et cetera.
[01:28:11.960 --> 01:28:15.520] These are things they don't want to share because it's not...
[01:28:15.520 --> 01:28:19.160] And also power of attorney.
[01:28:19.160 --> 01:28:23.520] Power of attorney for the person acting on MERS behalf.
[01:28:23.520 --> 01:28:24.640] Correct.
[01:28:24.640 --> 01:28:33.440] For anybody who signed any document, also ask for evidence of authentication from the
[01:28:33.440 --> 01:28:36.880] notaries.
[01:28:36.880 --> 01:28:41.520] Evidence of authentication from the notary, just they're being capable of doing this from
[01:28:41.520 --> 01:28:42.520] all notaries.
[01:28:42.520 --> 01:28:43.520] Yes.
[01:28:43.520 --> 01:28:48.400] If you want them to produce that, that's a request for production.
[01:28:48.400 --> 01:28:52.040] Now keep in mind, your discovery is not something that you file into court.
[01:28:52.040 --> 01:28:55.080] It's something that you send to the other side.
[01:28:55.080 --> 01:29:02.400] For the evidence of the author, the acknowledgement of the documents to the notary, that goes
[01:29:02.400 --> 01:29:06.880] directly to the notary, not to the defendants or plaintiffs.
[01:29:06.880 --> 01:29:07.880] Correct.
[01:29:07.880 --> 01:29:08.880] Got it.
[01:29:08.880 --> 01:29:14.600] So I need to just find those people as they're registered with their state and figure out...
[01:29:14.600 --> 01:29:15.600] Exactly.
[01:29:15.600 --> 01:29:16.600] Exactly.
[01:29:16.600 --> 01:29:17.600] Okay.
[01:29:17.600 --> 01:29:18.600] Got it.
[01:29:18.600 --> 01:29:22.000] The notary should have an address where you can send that.
[01:29:22.000 --> 01:29:23.160] Got it.
[01:29:23.160 --> 01:29:27.080] The judge will be aware if I file these things and this will cause the judge to try to go
[01:29:27.080 --> 01:29:32.280] ahead and close the door on me here so that I might possibly bring out something a little
[01:29:32.280 --> 01:29:34.080] more interesting if I have to.
[01:29:34.080 --> 01:29:35.560] Does that make sense?
[01:29:35.560 --> 01:29:37.360] It makes perfect sense.
[01:29:37.360 --> 01:29:38.360] All right.
[01:29:38.360 --> 01:29:39.360] Gents.
[01:29:39.360 --> 01:29:40.360] Thank you both.
[01:29:40.360 --> 01:29:41.360] You're quite welcome.
[01:29:41.360 --> 01:29:42.360] Keep us updated.
[01:29:42.360 --> 01:29:43.360] I'll call you again soon.
[01:29:43.360 --> 01:29:44.360] Thank you.
[01:29:44.360 --> 01:29:45.360] Folks, we'll be right back.
[01:29:45.360 --> 01:29:46.360] Stay tuned.
[01:29:46.360 --> 01:29:47.360] You know that grocery club card in your wallet?
[01:29:47.360 --> 01:29:48.360] Did it ever occur to you that it could be secretly used to monitor your health?
[01:29:48.360 --> 01:29:49.360] I'm Dr. Catherine Albrecht.
[01:29:49.360 --> 01:29:50.360] Thank you.
[01:29:50.360 --> 01:29:51.360] You're welcome.
[01:29:51.360 --> 01:30:12.520] I'll give you the details in just a moment.
[01:30:12.520 --> 01:30:17.840] Your search engine is watching you, recording all your searches and creating a massive database
[01:30:17.840 --> 01:30:19.600] of your personal information.
[01:30:19.600 --> 01:30:20.840] That's creepy.
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[01:30:43.520 --> 01:30:48.440] That supermarket card in your wallet or on your key chain may not be so innocent.
[01:30:48.440 --> 01:30:52.200] Just encourage you to scan the card so they can record your every food purchase and keep
[01:30:52.200 --> 01:30:54.920] a running record of what your family eats.
[01:30:54.920 --> 01:31:00.320] My graduate research at Harvard found only 25% of Americans know that store cards monitor
[01:31:00.320 --> 01:31:01.320] their purchases.
[01:31:01.320 --> 01:31:06.040] And I bet hardly anyone knows that several major grocery chains are quietly converting
[01:31:06.040 --> 01:31:11.960] those beer and ice cream purchases into individual nutritional and health profiles.
[01:31:11.960 --> 01:31:16.440] My jaw hit the floor when one supermarket executive told me his company planned to share
[01:31:16.440 --> 01:31:18.880] those big brother records with HMOs.
[01:31:18.880 --> 01:31:20.840] I'm Dr. Catherine Albrecht.
[01:31:20.840 --> 01:31:27.160] More news and information at CatherineAlbrecht.com.
[01:31:27.160 --> 01:31:32.520] This is building seven, a 47 story skyscraper that fell on the afternoon of September 11th.
[01:31:32.520 --> 01:31:34.680] The government says that fire brought it down.
[01:31:34.680 --> 01:31:39.600] However, 1500 architects and engineers concluded it was a controlled demolition.
[01:31:39.600 --> 01:31:42.280] Over 6,000 of my fellow service members have given their lives.
[01:31:42.280 --> 01:31:45.040] And thousands of my fellow first responders are dying.
[01:31:45.040 --> 01:31:48.600] I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction
[01:31:48.600 --> 01:31:53.080] officer, I'm an air force pilot, I'm a father who lost his son, we're Americans and we
[01:31:53.080 --> 01:31:54.080] deserve the truth.
[01:31:54.080 --> 01:31:57.640] Go to rememberbuildingseven.org today.
[01:31:57.640 --> 01:32:01.320] After work, I'm so tired that I want to be left alone to sleep.
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[01:32:03.760 --> 01:32:07.960] I knew you years ago when you felt healthy and young and everything worked on your body.
[01:32:07.960 --> 01:32:09.160] Do you remember that?
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[01:32:35.440 --> 01:32:36.760] You can be your own doctor.
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[01:32:40.720 --> 01:32:42.560] Why are you so nice to me?
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[01:32:49.280 --> 01:32:50.280] Microplantpowder.com.
[01:32:50.280 --> 01:32:51.280] You are listening to the Logos Radio Network, logosradionetwork.com.
[01:32:51.280 --> 01:33:18.800] Oh, I see it too, I see it too The other time, the other day, I was with you
[01:33:18.800 --> 01:33:33.560] and you were with me.
[01:33:33.560 --> 01:33:38.080] Welcome back to Rule of Law Radio, folks, and with no further ado, let's go to Maryland
[01:33:38.080 --> 01:33:40.800] and see what we can do for Jimmy tonight.
[01:33:40.800 --> 01:33:41.800] Hello, Jimmy.
[01:33:41.800 --> 01:33:42.800] Hello, Jimmy.
[01:33:42.800 --> 01:33:58.240] Jimmy and Marilyn, you're live, dude, you there?
[01:33:58.240 --> 01:34:07.960] Going once, Jimmy and Marilyn, going twice, sold, Marcus and VA.
[01:34:07.960 --> 01:34:09.440] Hello, Marcus.
[01:34:09.440 --> 01:34:10.440] Thank you for calling back.
[01:34:10.440 --> 01:34:14.160] Hi, Steve, sorry I dropped out there.
[01:34:14.160 --> 01:34:15.160] That's okay.
[01:34:15.160 --> 01:34:18.800] Hey, you know, technology is a wonderful thing when it works right.
[01:34:18.800 --> 01:34:20.840] Oh, yeah.
[01:34:20.840 --> 01:34:21.840] Okay.
[01:34:21.840 --> 01:34:29.200] So, do you remember where you were before you dropped off?
[01:34:29.200 --> 01:34:33.440] You were trying to get an agreement that you had certain rights.
[01:34:33.440 --> 01:34:37.040] Yeah, prior to my showing up in court.
[01:34:37.040 --> 01:34:44.520] Yeah, and we were saying, it's not something you can compel.
[01:34:44.520 --> 01:34:51.160] You just either have them or you don't, and they will either abide by them or they won't.
[01:34:51.160 --> 01:34:58.680] There's nothing you can do to compel them to agree to do one thing or another, at least
[01:34:58.680 --> 01:35:00.680] nothing that I know of.
[01:35:00.680 --> 01:35:08.680] Well, I mean, here in Virginia, I don't understand how the public detects it, but we have consent
[01:35:08.680 --> 01:35:17.640] of the government, according to the constitution, and also according to the constitution, all
[01:35:17.640 --> 01:35:25.240] officers are to take an oath to uphold the constitution and the United States constitution.
[01:35:25.240 --> 01:35:27.760] Both state and federal.
[01:35:27.760 --> 01:35:29.720] What's that?
[01:35:29.720 --> 01:35:33.360] Both state and federal constitutions.
[01:35:33.360 --> 01:35:34.360] Right.
[01:35:34.360 --> 01:35:35.360] Okay.
[01:35:35.360 --> 01:35:37.960] Well, what is the point of that?
[01:35:37.960 --> 01:35:47.160] Well, the point is Article 1, Section 6, which I'll read it real quick once again, that all
[01:35:47.160 --> 01:35:55.080] elections ought to be free and that all men having sufficient evidence of permanent common
[01:35:55.080 --> 01:36:02.840] interest with an attachment to the community basically shall not have their rights deprived
[01:36:02.840 --> 01:36:04.680] without their consent.
[01:36:04.680 --> 01:36:05.680] Okay.
[01:36:05.680 --> 01:36:06.680] Okay.
[01:36:06.680 --> 01:36:14.400] So I'm saying, I want to talk to the judge and ask him, hey, is this evidence here that
[01:36:14.400 --> 01:36:25.000] I'm presenting to you by mail sufficient for you to recognize that I have standing here
[01:36:25.000 --> 01:36:31.320] in the court before I go in, that you are not to deprive me of my rights?
[01:36:31.320 --> 01:36:32.800] Wait a minute.
[01:36:32.800 --> 01:36:37.120] I don't understand what you mean by standing.
[01:36:37.120 --> 01:36:46.000] Well, I mean, as a person standing just means, you know, the person that has rights.
[01:36:46.000 --> 01:36:47.000] Not exactly.
[01:36:47.000 --> 01:36:48.000] It means-
[01:36:48.000 --> 01:36:49.000] Rights don't give you standing.
[01:36:49.000 --> 01:36:52.280] Well, maybe I don't understand that word properly.
[01:36:52.280 --> 01:36:54.280] I'm not using it right, but-
[01:36:54.280 --> 01:36:55.280] Okay.
[01:36:55.280 --> 01:36:58.160] Marcus, we're not being pedantic here.
[01:36:58.160 --> 01:37:04.040] It is really important that you understand the terms.
[01:37:04.040 --> 01:37:15.160] And standing means that you are, you have a legal, what would be the right way to say
[01:37:15.160 --> 01:37:16.160] that?
[01:37:16.160 --> 01:37:22.480] I don't want to say legal right, that you're legally able to invoke the jurisdiction of
[01:37:22.480 --> 01:37:26.600] the court.
[01:37:26.600 --> 01:37:29.720] But beyond that, it doesn't have any meaning.
[01:37:29.720 --> 01:37:37.640] So I didn't understand you have, by asking if you have standing, how that guarantees
[01:37:37.640 --> 01:37:38.640] your rights.
[01:37:38.640 --> 01:37:51.040] Well, do I have standing to invoke the constitutional jurisdiction of the court or the civil jurisdiction?
[01:37:51.040 --> 01:37:56.000] I think you're convoluting some terms.
[01:37:56.000 --> 01:38:02.680] I'm going to say something, Marcus, that may offend you, but I mean no offense by it.
[01:38:02.680 --> 01:38:10.880] It sounds to me like you're following the teachings of some patriot mythologists.
[01:38:10.880 --> 01:38:15.960] I don't know which ones.
[01:38:15.960 --> 01:38:16.960] Okay.
[01:38:16.960 --> 01:38:25.440] It really wouldn't matter, but there is a plethora of patriot mythologists out there
[01:38:25.440 --> 01:38:32.560] that will try to convince you that you can go into the court and you can hold the judges
[01:38:32.560 --> 01:38:37.160] accountable for all kinds of things that you can't.
[01:38:37.160 --> 01:38:44.440] Now what you've asked us is what can you do prior to going into court to secure your rights?
[01:38:44.440 --> 01:38:47.400] Or at least that's the way I take it.
[01:38:47.400 --> 01:38:52.540] There's nothing you can do prior to going into court to secure your rights.
[01:38:52.540 --> 01:39:00.120] What you can do, however, once you enter into the court is you can ask the judge, your honor,
[01:39:00.120 --> 01:39:07.680] before we get started, I would like to establish on the record, if there be a record, I would
[01:39:07.680 --> 01:39:14.720] like to establish on the record that this court recognizes the fact that I have certain
[01:39:14.720 --> 01:39:20.400] unalienable, inalienable inherent rights.
[01:39:20.400 --> 01:39:26.540] He will either say yes or no.
[01:39:26.540 --> 01:39:33.480] If he says yes, this court recognizes that you have certain inherent rights.
[01:39:33.480 --> 01:39:35.360] Okay, great.
[01:39:35.360 --> 01:39:36.360] Cool.
[01:39:36.360 --> 01:39:39.520] You just got where you wanted to go.
[01:39:39.520 --> 01:39:42.960] But if the court says no.
[01:39:42.960 --> 01:39:45.480] Or if the court is silent.
[01:39:45.480 --> 01:39:50.720] Or if the court is silent, the tacit implication behind that silence is no, that the court
[01:39:50.720 --> 01:39:54.080] does not recognize any of your rights.
[01:39:54.080 --> 01:40:08.640] Now you've set yourself a path that is going to be very, very difficult to navigate.
[01:40:08.640 --> 01:40:09.640] You follow me?
[01:40:09.640 --> 01:40:10.640] Okay.
[01:40:10.640 --> 01:40:14.440] I'm not sure exactly.
[01:40:14.440 --> 01:40:16.040] Okay.
[01:40:16.040 --> 01:40:19.840] It sounds like you need to do a little bit more research, brother.
[01:40:19.840 --> 01:40:21.640] It really does.
[01:40:21.640 --> 01:40:30.880] Even if you get the court to agree that you have certain constitutional rights and they're
[01:40:30.880 --> 01:40:36.720] under oath to protect those rights, in the end it doesn't mean anything.
[01:40:36.720 --> 01:40:37.720] Correct.
[01:40:37.720 --> 01:40:47.200] And anytime you're before a court, before you do anything, you should know why you're
[01:40:47.200 --> 01:40:50.200] doing it.
[01:40:50.200 --> 01:40:56.240] Before you walk into a court, you need to know exactly what your intended outcome is
[01:40:56.240 --> 01:41:01.000] and weigh everything that you do against that outcome.
[01:41:01.000 --> 01:41:04.120] Will this lead me toward that outcome?
[01:41:04.120 --> 01:41:10.880] Will this lead me away from that outcome or will this make no difference?
[01:41:10.880 --> 01:41:17.320] And those things that won't lead you toward that outcome, don't do them.
[01:41:17.320 --> 01:41:20.160] If it makes no difference, don't do them.
[01:41:20.160 --> 01:41:26.840] When the bailiff knocked me down and broke my elbow, I weighed going after the bailiff
[01:41:26.840 --> 01:41:35.680] against moving me toward my intended ultimate outcome and I could find no way to frame going
[01:41:35.680 --> 01:41:41.160] after the bailiff in terms of achieving my ultimate outcome.
[01:41:41.160 --> 01:41:49.440] So as bad as that hurt me and as upset and annoyed as I was, I just could not find a
[01:41:49.440 --> 01:41:57.440] way to go after him because it would have just been to serve my personal passions and
[01:41:57.440 --> 01:42:00.480] not my purpose.
[01:42:00.480 --> 01:42:06.920] We really need to define purpose and stay on point for purpose.
[01:42:06.920 --> 01:42:08.840] That's my story and I'm sticking to it.
[01:42:08.840 --> 01:42:10.840] Does that make sense?
[01:42:10.840 --> 01:42:14.720] Yeah, I think so.
[01:42:14.720 --> 01:42:15.720] Okay.
[01:42:15.720 --> 01:42:22.160] Well, Marcus, if there's nothing else, it looks like Jimmy and Marilyn's called back
[01:42:22.160 --> 01:42:27.320] in and we owe it to him to voice his questions.
[01:42:27.320 --> 01:42:28.320] Great.
[01:42:28.320 --> 01:42:29.320] Thank you.
[01:42:29.320 --> 01:42:30.320] Appreciate it.
[01:42:30.320 --> 01:42:31.320] Now, let's go back to Marilyn.
[01:42:31.320 --> 01:42:32.320] Jimmy, are you there?
[01:42:32.320 --> 01:42:33.320] Yes, I'm here.
[01:42:33.320 --> 01:42:34.320] How are you guys?
[01:42:34.320 --> 01:42:35.320] There you are.
[01:42:35.320 --> 01:42:36.320] Okay.
[01:42:36.320 --> 01:42:37.320] What you got for us tonight, Jimmy?
[01:42:37.320 --> 01:42:48.720] Well, I just want to update you on my sentence hearing that I had yesterday.
[01:42:48.720 --> 01:42:49.720] Very good.
[01:42:49.720 --> 01:42:50.720] How'd it go?
[01:42:50.720 --> 01:42:51.720] Yeah.
[01:42:51.720 --> 01:42:54.320] Well, it's kind of interesting.
[01:42:54.320 --> 01:43:03.080] The prosecutor, he submitted enhancement of charges and abilities on the other two cases
[01:43:03.080 --> 01:43:11.040] that are still pending the appeal, and I was explaining to the judge after he did all this,
[01:43:11.040 --> 01:43:16.240] I explained, well, these cases are pending the appeal in the United States Supreme Court.
[01:43:16.240 --> 01:43:23.000] He said, wait a minute, so I thought you're trying to move for a continuous or stay, and
[01:43:23.000 --> 01:43:30.360] he made it clear he wasn't going to do that, so I said, okay, so I told you guys that I
[01:43:30.360 --> 01:43:36.080] was trying to find the facts and conclusive law that I was going to file, and also the
[01:43:36.080 --> 01:43:39.080] judgment that I was saying earlier.
[01:43:39.080 --> 01:43:40.080] Yes.
[01:43:40.080 --> 01:43:43.240] Let's hold that for the other side of this break, Jimmy.
[01:43:43.240 --> 01:43:44.800] We've got no choice.
[01:43:44.800 --> 01:43:49.320] We're going to break, and we'll be right back after these brief messages.
[01:43:49.320 --> 01:43:52.600] Listen to the Rule of Law Radio on a Friday night, folks.
[01:43:52.600 --> 01:43:53.600] Stay tuned.
[01:43:53.600 --> 01:44:00.280] We'll be right back.
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[01:46:26.520 --> 01:46:31.800] Welcome back to Rule Law Radio, folks.
[01:46:31.800 --> 01:46:34.160] We are in the final segment of the evening.
[01:46:34.160 --> 01:46:38.720] So with no further delay, let's go back to Jimmy and Marilyn.
[01:46:38.720 --> 01:46:47.280] Now, Jimmy, just to recap before we went to the break, I take it that there were some
[01:46:47.280 --> 01:46:54.200] cases, you've been accused of some wrongdoing and there are some cases involving your case
[01:46:54.200 --> 01:46:59.960] that are still pending in a higher court, but the judge in your case doesn't seem to
[01:46:59.960 --> 01:47:00.960] care.
[01:47:00.960 --> 01:47:03.760] Is that a correct assessment?
[01:47:03.760 --> 01:47:05.080] Yes.
[01:47:05.080 --> 01:47:07.280] Okay.
[01:47:07.280 --> 01:47:11.120] So what was the- Hold on.
[01:47:11.120 --> 01:47:19.600] Do the cases that are pending, are the cases that are pending of such a nature that they
[01:47:19.600 --> 01:47:30.320] have a ruling one way or the other would dispose of or affect the case at bar?
[01:47:30.320 --> 01:47:34.520] Well, it would not affect this case.
[01:47:34.520 --> 01:47:42.400] They're just trying to attack more severe punishments since I'm a third time offender
[01:47:42.400 --> 01:47:46.840] for driving on a suspended license, driving out a license.
[01:47:46.840 --> 01:47:52.240] So that's what they did, they're trying to just add more kill me's on me.
[01:47:52.240 --> 01:47:53.240] Oh, okay.
[01:47:53.240 --> 01:47:54.240] Okay.
[01:47:54.240 --> 01:47:55.320] That makes a difference.
[01:47:55.320 --> 01:48:04.080] So one of the cases they're claiming as you to be an offender on is one of the cases before
[01:48:04.080 --> 01:48:05.080] the Supreme?
[01:48:05.080 --> 01:48:06.080] Two.
[01:48:06.080 --> 01:48:07.080] Yes.
[01:48:07.080 --> 01:48:08.960] I got two, two of them.
[01:48:08.960 --> 01:48:09.960] Yeah.
[01:48:09.960 --> 01:48:14.840] So if both of those are dismissed, then the enhancement goes away.
[01:48:14.840 --> 01:48:15.840] Right.
[01:48:15.840 --> 01:48:26.000] So that would be a cause for either dropping the enhancement or continuing the case until
[01:48:26.000 --> 01:48:27.960] these issues are heard.
[01:48:27.960 --> 01:48:28.960] Right.
[01:48:28.960 --> 01:48:29.960] Exactly.
[01:48:29.960 --> 01:48:36.760] And you're saying that'll just put this one in appeal as well?
[01:48:36.760 --> 01:48:41.360] That's where I'm going to add in a point, just how the outcome as well.
[01:48:41.360 --> 01:48:46.640] Like I said, the jury already found me guilty and everything, and I'm supposed to be there
[01:48:46.640 --> 01:48:47.640] for sentencing.
[01:48:47.640 --> 01:48:55.920] And I booked my right to allocution back in, I think it was at the Thursday, the 4th of
[01:48:55.920 --> 01:48:56.920] March.
[01:48:56.920 --> 01:49:01.640] So we're down here on the 12th of March, I'm back, I've got my favorite spotter, if they
[01:49:01.640 --> 01:49:07.800] got my plan, put my plan in action, the prosecution, like I said, he hands the judge these enhancements
[01:49:07.800 --> 01:49:14.600] and then he goes on talking about, because I was charged with and found guilty for driving
[01:49:14.600 --> 01:49:15.600] on a suspended license.
[01:49:15.600 --> 01:49:20.600] Now he's changing his, he's changing what he's been saying all along through the trial
[01:49:20.600 --> 01:49:28.600] that a suspended license, they can't suspend something that does not exist, which is what
[01:49:28.600 --> 01:49:29.600] I was saying.
[01:49:29.600 --> 01:49:30.600] Agreed.
[01:49:30.600 --> 01:49:38.680] So the suspended license, he changed that around and I guess he didn't know, and remember
[01:49:38.680 --> 01:49:44.440] I found four bar grievances on it, so I think somebody talked to him concerning my bar grievances.
[01:49:44.440 --> 01:49:52.280] So now he changed it around, so I said, he cites me with two driver's license, one doesn't
[01:49:52.280 --> 01:49:56.760] exist, one that I'm cited with, and the one that I had doesn't exist, because I turned
[01:49:56.760 --> 01:49:57.760] in, they destroyed it.
[01:49:57.760 --> 01:50:04.640] Well, wait a minute, wait, wait a minute, wait a minute, okay.
[01:50:04.640 --> 01:50:13.120] Just for kicks and giggles, a jury of your peers found you guilty of whatever was driving
[01:50:13.120 --> 01:50:16.280] on a suspended license.
[01:50:16.280 --> 01:50:24.260] Now in the sentencing portion of this, the attorney is trying to add on more things that
[01:50:24.260 --> 01:50:28.520] were not ruled on by the jury.
[01:50:28.520 --> 01:50:29.520] Right.
[01:50:29.520 --> 01:50:33.960] How does he do that?
[01:50:33.960 --> 01:50:38.960] But they claim they have the right, if you're, if you're on probation or probation, like
[01:50:38.960 --> 01:50:46.720] I was, the cases I'm still pending appeal were also pending probation.
[01:50:46.720 --> 01:50:54.080] Okay, but what I'm saying is that, okay, let's say you go into a burger joint.
[01:50:54.080 --> 01:51:01.440] And you say, I want a cheeseburger with just everything that comes on it.
[01:51:01.440 --> 01:51:06.960] And I see there that the price for that cheeseburger is $3 even.
[01:51:06.960 --> 01:51:15.000] Well, now the person behind the counter comes to you and says, here's your cheeseburger
[01:51:15.000 --> 01:51:18.240] with everything on it.
[01:51:18.240 --> 01:51:24.840] And since we put a bunch of extra stuff on it, now you owe us $12 for the cheeseburger.
[01:51:24.840 --> 01:51:33.920] Well, everything on it would be mayo, onions, lettuce, ketchup, pickles, but oh, you said
[01:51:33.920 --> 01:51:35.480] you wanted everything.
[01:51:35.480 --> 01:51:40.640] So we just added a bunch of extra stuff and we're going to charge you 12, we'll charge
[01:51:40.640 --> 01:51:43.000] you four times the price.
[01:51:43.000 --> 01:51:45.880] That's inequitable.
[01:51:45.880 --> 01:51:48.640] This is the same thing in my mind.
[01:51:48.640 --> 01:51:51.640] This is the same thing that the prosecutor's doing.
[01:51:51.640 --> 01:51:56.000] He's trying to charge you $12 for a $3 burger.
[01:51:56.000 --> 01:52:04.040] Randy, do you know of anything in law that would allow the prosecutor to do that?
[01:52:04.040 --> 01:52:13.960] Well, I didn't get exactly what he, he's trying to enhance in this last case.
[01:52:13.960 --> 01:52:16.360] Have you been found guilty yet?
[01:52:16.360 --> 01:52:17.360] Yes.
[01:52:17.360 --> 01:52:18.360] Okay.
[01:52:18.360 --> 01:52:22.680] So now this is the punishment phase of the trial.
[01:52:22.680 --> 01:52:24.380] Yes.
[01:52:24.380 --> 01:52:32.560] So he's trying to bring in other things as, wait a minute.
[01:52:32.560 --> 01:52:33.560] Exactly.
[01:52:33.560 --> 01:52:34.560] Yeah.
[01:52:34.560 --> 01:52:41.120] You were, you were found guilty of driving on a suspended license.
[01:52:41.120 --> 01:52:43.520] Right.
[01:52:43.520 --> 01:52:48.720] And he's trying to change the charges after the verdict?
[01:52:48.720 --> 01:52:53.160] That's what it looks like because the way he talked about the suspended license, I said
[01:52:53.160 --> 01:52:59.440] I should have been, it should be under my true name, not the name I was cited with.
[01:52:59.440 --> 01:53:04.560] And I'm still trying to really comprehend exactly what was he saying because he's talking
[01:53:04.560 --> 01:53:11.280] about, you know, the case that I have pending, you know, is driving without a license that
[01:53:11.280 --> 01:53:13.760] I valid probation is on that.
[01:53:13.760 --> 01:53:20.680] It's weird because I was found guilty of suspended license, yet he's saying that, you know, if
[01:53:20.680 --> 01:53:27.200] it doesn't exist, they can't, a license, like I said, a license that does not exist, they
[01:53:27.200 --> 01:53:30.640] can't suspend.
[01:53:30.640 --> 01:53:32.560] So he's admitted that in court?
[01:53:32.560 --> 01:53:33.560] Yes.
[01:53:33.560 --> 01:53:38.560] I mean, he's been in court, but he used this to convict me, used this, you know, to try
[01:53:38.560 --> 01:53:44.240] to tell the jury that it's my fault about his suspended license, you know, trying to
[01:53:44.240 --> 01:53:48.280] say that it's my own doing and it's my fault.
[01:53:48.280 --> 01:53:49.280] And now he has changed around.
[01:53:49.280 --> 01:53:55.240] So I really believe that somebody talked to him about my bar grievance and he said he
[01:53:55.240 --> 01:53:56.240] was wrong.
[01:53:56.240 --> 01:53:57.240] He's telling me I'm a good guy.
[01:53:57.240 --> 01:53:58.240] He's telling me I'm a good guy.
[01:53:58.240 --> 01:53:59.240] This is a minor thing.
[01:53:59.240 --> 01:54:00.240] And I'm like, this guy's good.
[01:54:00.240 --> 01:54:05.320] I mean, he was like, I'm supposed to be the...
[01:54:05.320 --> 01:54:08.160] Sounds like he's screwed up and he's trying to fix it.
[01:54:08.160 --> 01:54:09.160] Yep.
[01:54:09.160 --> 01:54:10.720] Yeah.
[01:54:10.720 --> 01:54:18.000] So since he admitted in court that you couldn't suspend a non-existent license, you need to
[01:54:18.000 --> 01:54:24.160] move to dismiss with prejudice.
[01:54:24.160 --> 01:54:29.560] Can he do that after the verdict, after a jury verdict?
[01:54:29.560 --> 01:54:35.520] Oh, no, but you can in your appeal.
[01:54:35.520 --> 01:54:41.680] This will almost certainly get you an appeal and get you turned over on appeal.
[01:54:41.680 --> 01:54:51.360] And it also, it seems highly inequitable to bring in extra charges after a conviction.
[01:54:51.360 --> 01:54:52.360] I don't see how...
[01:54:52.360 --> 01:54:58.640] I don't know of anything in law that would allow a prosecutor to do that, Randy.
[01:54:58.640 --> 01:55:05.680] I think the judge could move to strike the verdict right then.
[01:55:05.680 --> 01:55:11.760] Well, that's what I'm going to get to, a judge that doesn't understand the verdict.
[01:55:11.760 --> 01:55:12.760] Okay.
[01:55:12.760 --> 01:55:17.800] Because obviously the prosecutor lied to the jury in order to get the verdict.
[01:55:17.800 --> 01:55:18.800] Yes.
[01:55:18.800 --> 01:55:23.840] And he essentially admitted that in court.
[01:55:23.840 --> 01:55:25.840] Yeah.
[01:55:25.840 --> 01:55:37.320] Oh, I know, petition the court of appeals for a, not a mandamus.
[01:55:37.320 --> 01:55:43.280] What would you petition them for, Steve, to order them to overturn the verdict and dismiss
[01:55:43.280 --> 01:55:44.280] the case?
[01:55:44.280 --> 01:55:50.200] Yeah, but I don't know how you'd go about that.
[01:55:50.200 --> 01:55:53.120] Criminal law is not necessarily my forte.
[01:55:53.120 --> 01:55:58.520] Anyway, you can go ahead and appeal already, Kenji, have you already appealed this particular
[01:55:58.520 --> 01:55:59.520] case?
[01:55:59.520 --> 01:56:00.520] No, no judgment.
[01:56:00.520 --> 01:56:01.520] That's what I'm going to get to, there's no judgment.
[01:56:01.520 --> 01:56:02.520] Okay.
[01:56:02.520 --> 01:56:09.520] The judge did, he recommended that I get a public defender, get a lawyer.
[01:56:09.520 --> 01:56:14.640] He said, if he gets a lawyer, they'll screw you.
[01:56:14.640 --> 01:56:22.720] You need to file a motion to overturn the verdict based on new information after verdict
[01:56:22.720 --> 01:56:23.920] was given.
[01:56:23.920 --> 01:56:31.360] The prosecutor gave information to show that the testimony that what he told the jury prior
[01:56:31.360 --> 01:56:36.120] during the prosecution was incorrect.
[01:56:36.120 --> 01:56:39.320] Would this be an interlocutory appeal?
[01:56:39.320 --> 01:56:42.240] Oh, perfect.
[01:56:42.240 --> 01:56:48.200] Well, I think there's something more straightforward.
[01:56:48.200 --> 01:56:58.280] This should go to a move to have the judge overturn the verdict based on the admission
[01:56:58.280 --> 01:56:59.280] of the prosecution.
[01:56:59.280 --> 01:57:00.280] Yeah.
[01:57:00.280 --> 01:57:09.080] When the prosecution admits in court that you cannot be charged with this particular
[01:57:09.080 --> 01:57:16.720] crime that he prosecuted you and got you convicted of, this put the prosecutor in a spot.
[01:57:16.720 --> 01:57:18.680] I'm amazed that he admitted that.
[01:57:18.680 --> 01:57:24.400] Yeah, but he's still trying to do the enhancement that I should be incarcerated, my bond should
[01:57:24.400 --> 01:57:25.400] be lifted.
[01:57:25.400 --> 01:57:31.560] This is the third time I've been, you know, been caught with this, driving without license.
[01:57:31.560 --> 01:57:32.560] Enough's enough.
[01:57:32.560 --> 01:57:34.600] Finding me is not going to solve it.
[01:57:34.600 --> 01:57:39.320] I need to be doing jail, I need to be locked up to get me to stop doing this.
[01:57:39.320 --> 01:57:41.920] The prosecutor should go to jail.
[01:57:41.920 --> 01:57:43.920] I agree.
[01:57:43.920 --> 01:57:48.920] He should go to jail for perjury.
[01:57:48.920 --> 01:57:53.120] Now you can be ignorant, but he can't prosecute it.
[01:57:53.120 --> 01:57:54.120] Exactly.
[01:57:54.120 --> 01:57:55.120] He cannot.
[01:57:55.120 --> 01:58:04.680] So he had to knowingly and intentionally prosecute you for a crime you could not have committed.
[01:58:04.680 --> 01:58:11.080] Go after the prosecutor, welcoming him to the deep end of the pool, bar grieving first
[01:58:11.080 --> 01:58:16.040] and file criminally against him second, and you might even be able to sue him over this
[01:58:16.040 --> 01:58:17.040] one.
[01:58:17.040 --> 01:58:24.120] But first, petition the court to overturn the verdict based on the testimony of the
[01:58:24.120 --> 01:58:25.120] prosecutor.
[01:58:25.120 --> 01:58:31.720] Jimmy, I'm afraid we're completely out of time tonight.
[01:58:31.720 --> 01:58:33.160] I appreciate you calling in.
[01:58:33.160 --> 01:58:34.840] Call back in next Friday.
[01:58:34.840 --> 01:58:42.160] And folks, for Randy Kelton, Deborah Stevens, Eddie Craig and myself, we bid you all a good
[01:58:42.160 --> 01:58:45.360] weekend and a good night, and we'll see you next Friday night.
[01:58:45.360 --> 01:58:48.360] Until then, be safe.
[01:58:48.360 --> 01:58:50.680] Good night.
[01:58:50.680 --> 01:58:56.760] Bibles for America is offering absolutely free a unique study Bible called the New Testament
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[01:59:20.900 --> 01:59:26.560] This translation is highly accurate and it comes with over 13,000 cross references, plus
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[01:59:30.440 --> 01:59:32.960] This is truly a Bible you can understand.
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[01:59:41.320 --> 01:59:52.000] That's 888-551-0102 or visit us online at bfa.org.
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