ROL_2015-05-08_16k_Hr1-2.timecode

[00:00.000 --> 00:10.520]  The following news flash is brought to you by the Lone Star Lowdown, providing your daily
[00:10.520 --> 00:12.720]  bulletins for the commodities market.
[00:12.720 --> 00:25.720]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:25.720 --> 00:33.320]  News open up today with gold at $1,188.52 an ounce, silver $16.47 an ounce, Texas crude
[00:33.320 --> 00:45.240]  $58.94 a barrel, and Bitcoin is currently sitting at 245 U.S. currency.
[00:45.240 --> 00:51.480]  Today in history, Monday 8, 1967, boxing champion Muhammad Ali is indicted for refusing induction
[00:51.480 --> 00:56.440]  into the U.S. Army's war effort in Vietnam just several days before on April 28.
[00:56.440 --> 01:01.440]  Ali, a Muslim, cited religious reasons for his decision to forego military service, stating,
[01:01.440 --> 01:04.360]  quote, I ain't got no quarrel with those Viet Cong.
[01:04.360 --> 01:15.040]  He was immediately stripped of his heavyweight title.
[01:15.040 --> 01:20.560]  In recent news, rescuers of the Nepal earthquake are using a suitcase-sized device that detects
[01:20.560 --> 01:24.320]  human breathing and heartbeats with microwave radar signals.
[01:24.320 --> 01:29.560]  The prototype device known as Finder, finding individuals for disaster and emergency response,
[01:29.560 --> 01:33.760]  has been helping search and rescue teams detect the heartbeats of survivors under as much
[01:33.760 --> 01:38.360]  as 10 feet of bricks, mud, and other debris in the town of Kutada.
[01:38.360 --> 01:47.040]  FinderTech was first tested in the aftermath of the 2010 Haiti earthquake.
[01:47.040 --> 01:52.000]  Facebook's data science team wrote in a recent blog post, quote, News Feed surfaces content
[01:52.000 --> 01:54.760]  that is slightly more aligned with an individual's own ideology.
[01:54.760 --> 01:59.080]  However, the friends you choose and the content you click on are more of important factors
[01:59.080 --> 02:03.760]  than News Feed ranking in terms of how much content you encounter that cuts across ideological
[02:03.760 --> 02:04.760]  lines.
[02:04.760 --> 02:09.400]  In short, if your Facebook News Feed seems to be an echo of your own posts and likes,
[02:09.400 --> 02:13.120]  you may want to like pages and befriend people who have different views than yours.
[02:13.120 --> 02:14.120]  Who knows?
[02:14.120 --> 02:20.120]  You might actually learn something new.
[02:20.120 --> 02:23.560]  According to a study published on Monday, and the proceedings of the National Academy
[02:23.560 --> 02:27.760]  of Sciences, highlights potential risk to underground drinking water from the drilling
[02:27.760 --> 02:30.740]  technique known as hydraulic fracturing or fracking.
[02:30.740 --> 02:35.680]  The analysis of drinking water sampled from three homes in Bradford County, Pennsylvania,
[02:35.680 --> 02:41.320]  revealed traces of a compound commonly found in the Marcellus shale drilling fluid.
[02:41.320 --> 02:44.880]  The Lone Star Lowdown is currently looking for sponsors.
[02:44.880 --> 02:48.880]  If you have a product or service that you'd like to advertise on the Lowdown, feel free
[02:48.880 --> 02:51.880]  to give us a call at 210-863-5617.
[02:51.880 --> 03:21.800]  This has been your Lowdown for May 8th, 2015.
[03:21.880 --> 03:45.080]  And we have a couple of interesting items today.
[03:45.080 --> 03:49.560]  I'm hoping that Ms. Leslie will call in here pretty soon.
[03:49.560 --> 03:51.520]  I'm turning on the phones.
[03:51.520 --> 03:56.200]  I will keep the phones on all night, but we're going to start.
[03:56.200 --> 03:58.560]  Oh, there's two people I'd like to call in.
[03:58.560 --> 04:03.960]  Jeff from Mississippi called in last night about his criminal case there in Mississippi
[04:03.960 --> 04:08.360]  for taking a weapon onto campus.
[04:08.360 --> 04:15.200]  And he got a contact from the U.S. Marshals Service.
[04:15.200 --> 04:18.840]  And I'm hoping he calls in about that because I think the judge is trying to pull a fast
[04:18.840 --> 04:24.760]  one on him to ruin his, try to interfere with his appeal.
[04:24.760 --> 04:26.680]  But anyway, we'll wait for him.
[04:26.680 --> 04:33.320]  I did want to start with something I read last night so that those of you who were listening
[04:33.320 --> 04:36.240]  last night will have to put up with it again.
[04:36.240 --> 04:43.120]  But I think you'll find it interesting anyway, even the second time around.
[04:43.120 --> 04:55.440]  And that is a notice of policy by the Baltimore Police Department.
[04:55.440 --> 05:01.600]  Baltimore Police recently released an updated policy addressing citizens' ability to videotape
[05:01.600 --> 05:07.040]  officers as a related case against the department continues.
[05:07.040 --> 05:13.640]  The hearing is set to take place Monday in the ACLU of Maryland's federal suit against
[05:13.640 --> 05:21.320]  the city officer who allegedly deleted a video of a confrontation at the 2010 Preakness Stakes,
[05:21.320 --> 05:24.160]  according to the Associated Press.
[05:24.160 --> 05:29.280]  Christopher Sharpe's constitutional rights were allegedly violated when a sergeant took
[05:29.280 --> 05:36.320]  his phone for evidence and the case comes on the heels of heightened national attention
[05:36.320 --> 05:38.760]  on to the issue.
[05:38.760 --> 05:46.720]  The directive states officers, the directive states officers cannot prevent or prohibit
[05:46.720 --> 05:52.600]  taking of photos or video depicting law enforcement activities in public.
[05:52.600 --> 05:59.920]  The Baltimore Sun reported, reported which department commanders say has been the standard
[05:59.920 --> 06:05.840]  rule for some time, but has not been a formal written guideline until now.
[06:05.840 --> 06:11.160]  This is an extension of the citizens' right to see, Chief Legal Counsel for Mark Grimes
[06:11.160 --> 06:12.160]  said.
[06:12.160 --> 06:17.600]  A police officer wouldn't go up to a citizen at a crime scene and tell them to close their
[06:17.600 --> 06:23.440]  eyes, he said, so the officer can't tell them they can't film.
[06:23.440 --> 06:30.280]  If the filming is hindering and the camera person is breaking laws, however, officers
[06:30.280 --> 06:31.280]  may arrest.
[06:31.280 --> 06:38.320]  If it is the mere, it is the mere taking of photos or videos, the order states that does
[06:38.320 --> 06:43.160]  not constitute probable cause and should never be a reason for an arrest.
[06:43.160 --> 06:49.800]  I'm going to skip over a bit of it and go down here and read the policy.
[06:49.800 --> 06:56.000]  Upon discovery that a bystander is observing for photographing or video recording the conduct
[06:56.000 --> 07:04.040]  of police activity, do not impede or prevent the bystander's ability to continue doing
[07:04.040 --> 07:08.120]  so based solely on your discovery of his or her presence.
[07:08.120 --> 07:15.560]  Do not seize or otherwise demand to take possession of any camera or video recording the bystander
[07:15.560 --> 07:21.020]  may possess based solely on your discovery of his or her presence.
[07:21.020 --> 07:26.960]  Do not demand to review, manipulate or erase any images or video recording captured by
[07:26.960 --> 07:32.120]  the bystander based solely on your discovery of his or her presence.
[07:32.120 --> 07:38.500]  For investigative purposes, be mindful of the potential that the bystander may witness
[07:38.500 --> 07:46.340]  or capture images or video of events considered at some later time to be material evidence.
[07:46.340 --> 07:52.920]  Or taking any police action which would stop a bystander from observing, photographing
[07:52.920 --> 07:59.160]  or video recording the conduct of a police activity, officers must have observed the
[07:59.160 --> 08:05.560]  bystander committing some act deemed criminal such as obstruction disorderly conduct or
[08:05.560 --> 08:10.920]  interfering with an officer's lawful duties.
[08:10.920 --> 08:18.640]  Now that's a great set of policies and it's very clear.
[08:18.640 --> 08:27.120]  It seems to have been clearly stated, they're claiming that the policy was already in place,
[08:27.120 --> 08:32.760]  just not well explained to officers.
[08:32.760 --> 08:37.640]  One of those unwritten policies that nobody knows about, say oh yeah we already had that
[08:37.640 --> 08:44.200]  policy in place, we forgot to tell anybody it was there.
[08:44.200 --> 08:54.840]  My concern with it is that very last section there where it references disorderly conduct
[08:54.840 --> 09:01.720]  or interfering with an officer's lawful duties.
[09:01.720 --> 09:10.160]  Officers seem to have been taught that if someone refuses to do anything on earth that
[09:10.160 --> 09:15.800]  the officer demands him to do, he can be charged with interfering with an officer's lawful
[09:15.800 --> 09:16.800]  duties.
[09:16.800 --> 09:25.080]  So that's been a problem and it may take some litigation to iron out what constitutes interfering
[09:25.080 --> 09:34.400]  with a lawful duty, but this is a very large step forward and I for one intend to take
[09:34.400 --> 09:48.520]  this policy and request that cities make it adopt these policies, policing agencies.
[09:48.520 --> 09:55.320]  I don't live in the city of Austin, but someone definitely needs to take these policies to
[09:55.320 --> 10:03.100]  the city council and request that someone on the city council propose an ordinance that
[10:03.100 --> 10:09.280]  would institute these policies into city law.
[10:09.280 --> 10:20.440]  This would clarify an area of seeming confusion and misunderstanding amongst police officers.
[10:20.440 --> 10:29.320]  Police officers will confuse and misunderstand anything they can if it suits their purpose.
[10:29.320 --> 10:36.040]  But with all the scrutiny they're under, I think this is a great policy.
[10:36.040 --> 10:42.060]  My chief of police, which I live in a real small town and he knows me really well, probably
[10:42.060 --> 10:44.000]  better than he wants to.
[10:44.000 --> 10:48.600]  I was talking to him recently and he asked me what I thought about these guys who are
[10:48.600 --> 10:59.200]  going around Dallas as a group of them deliberately provoking police officers by videotaping them.
[10:59.200 --> 11:08.800]  And the way he stated it, deliberately provoking police officers by videotaping them.
[11:08.800 --> 11:20.040]  It took a minute for me to slosh that around in my brain to get a good context on it.
[11:20.040 --> 11:27.600]  And so when I finally sorted it out, I asked him, do you consider the fact that someone
[11:27.600 --> 11:32.320]  is videotaping you to be provocative?
[11:32.320 --> 11:38.040]  And he was taken aback.
[11:38.040 --> 11:47.480]  He clearly felt that the police officers were being provoked and I had just a day or so
[11:47.480 --> 11:55.880]  before that been sent some videos by these very people in Dallas videotaping police and
[11:55.880 --> 12:12.120]  the police were essentially not really harassing this guy, but pressuring him to stop videotaping.
[12:12.120 --> 12:16.780]  And the police weren't doing anything, they were just standing around that something had
[12:16.780 --> 12:20.480]  been going on, but they weren't stopping anybody.
[12:20.480 --> 12:24.680]  They didn't have anybody in handcuffs or questioning anyone.
[12:24.680 --> 12:28.880]  They're just doing some kind of business.
[12:28.880 --> 12:32.480]  It was absolutely innocuous.
[12:32.480 --> 12:41.040]  But the fact that these guys were filming them really did bother the police officers.
[12:41.040 --> 12:51.800]  And I told my chief that the fact that they are bothered by being videotaped is the very
[12:51.800 --> 12:56.440]  reason they should be videotaped.
[12:56.440 --> 13:03.280]  That I thought this was excellent practice for police officers.
[13:03.280 --> 13:09.760]  I went recently to my sheriff's department to file a criminal complaint against my niece's
[13:09.760 --> 13:14.480]  ex-husband, a marital issue where he's getting out of hand.
[13:14.480 --> 13:19.800]  And the police officer told me that since I wasn't the one that the felony was committed
[13:19.800 --> 13:24.080]  against that I couldn't file the complaint.
[13:24.080 --> 13:29.840]  And quite frankly, I worked this guy over pretty good.
[13:29.840 --> 13:37.040]  When I got done with him, he was so angry, he was visibly shaking.
[13:37.040 --> 13:44.040]  But he knew who I was and he had been warned about how to deal with me.
[13:44.040 --> 13:48.920]  He never once said anything out of line to me.
[13:48.920 --> 13:53.960]  He never once lost his professional decorum.
[13:53.960 --> 14:02.240]  And I told my chief about that and I told him, if I need a police officer with a pistol,
[14:02.240 --> 14:08.800]  send Officer Kerr because it doesn't make any difference how angry you make him.
[14:08.800 --> 14:14.420]  It doesn't make any difference how much you annoy or intimidate him.
[14:14.420 --> 14:22.680]  He has the professional acumen to control his personal passions.
[14:22.680 --> 14:28.480]  If I need somebody with a pistol, I want you to send him because he's not going to act
[14:28.480 --> 14:32.960]  ignorant and wind up shooting me instead of the bad guy.
[14:32.960 --> 14:42.560]  So for the police to have this kind of exercise, I think it is wonderful training.
[14:42.560 --> 14:47.240]  I get a lot of the videos of police doing different things.
[14:47.240 --> 14:54.280]  But here recently I've noticed that the videos I'm getting are quite a bit different.
[14:54.280 --> 15:06.880]  We have the police not liking being videotaped, but they are surprisingly restrained.
[15:06.880 --> 15:08.960]  They're learning.
[15:08.960 --> 15:14.080]  They're learning that this is something they can't do anything about no matter how much
[15:14.080 --> 15:17.680]  they don't like it.
[15:17.680 --> 15:22.040]  And they're going to lose this fight.
[15:22.040 --> 15:25.560]  And so many have lost because they were videotaped.
[15:25.560 --> 15:34.480]  And the ones that are the worst that are getting in trouble trying to stop someone from videotaping
[15:34.480 --> 15:37.600]  them and it is the videotape that gets them in trouble.
[15:37.600 --> 15:44.400]  So frankly, my opinion on the matter is I think this is one of the greatest tools you
[15:44.400 --> 15:50.280]  and I can have to begin to take back control of our police department.
[15:50.280 --> 16:00.600]  I saw one video was an example of how a policeman should respond to being videotaped.
[16:00.600 --> 16:04.520]  He stopped someone on the sidewalk in front of these stores that they had called and someone's
[16:04.520 --> 16:06.840]  walking back and forth and they were concerned about it.
[16:06.840 --> 16:10.760]  And he just wanted to check him out with a guy first thing he does, he jerks out his
[16:10.760 --> 16:13.920]  cell phone and points it at the cop.
[16:13.920 --> 16:16.240]  The policeman said, are you videotaping me?
[16:16.240 --> 16:17.240]  And he said, yes, I am.
[16:17.240 --> 16:18.240]  It's my right.
[16:18.240 --> 16:23.000]  The policeman reached in his pocket, jerked out a cell phone, turned it on, stuck in this
[16:23.000 --> 16:24.000]  guy's face.
[16:24.000 --> 16:30.280]  So they're standing there talking to each other, both of them holding out their cell
[16:30.280 --> 16:37.160]  phones like a gun pointing at each other, and I thought it was absolutely hilarious.
[16:37.160 --> 16:42.040]  And that is exactly the kind of policeman that I want to deal with.
[16:42.040 --> 16:45.560]  We have two callers, Leslie and Ja-Ja.
[16:45.560 --> 16:47.640]  We'll pick you up when we come back on the other side.
[16:47.640 --> 16:54.640]  This is Randy Kelton, Wheel of Law Radio, our call-in number, 512-646-1984.
[16:54.640 --> 16:55.640]  We have the lines open.
[16:55.640 --> 16:57.120]  We'll keep them open all night.
[16:57.120 --> 17:00.800]  We'll be right back.
[17:00.800 --> 17:05.520]  Through advances in technology, our lives have greatly improved, except in the area
[17:05.520 --> 17:06.520]  of nutrition.
[17:06.520 --> 17:11.560]  People feed their pets better than they feed themselves, and it's time we changed all that.
[17:11.560 --> 17:17.360]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[17:17.360 --> 17:23.600]  In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can
[17:23.600 --> 17:25.840]  provide the nutrients you need.
[17:25.840 --> 17:30.720]  Logos Radio Network gets many requests to endorse all sorts of products, most of which
[17:30.720 --> 17:31.840]  we reject.
[17:31.840 --> 17:37.080]  We have come to trust young Jevity so much, we became a marketing distributor along with
[17:37.080 --> 17:39.920]  Alex Jones, Ben Fuchs, and many others.
[17:39.920 --> 17:46.200]  When you order from logosradionetwork.com, your health will improve as you help support
[17:46.200 --> 17:47.200]  quality radio.
[17:47.200 --> 17:51.840]  As you realize the benefits of young Jevity, you may want to join us.
[17:51.840 --> 17:57.400]  As a distributor, you can experience improved health, help your friends and family, and
[17:57.400 --> 17:59.360]  increase your income.
[17:59.360 --> 18:00.720]  Order now.
[18:00.720 --> 18:05.480]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.480 --> 18:09.520]  Stop debt collectors now with the Michael Mears proven method.
[18:09.520 --> 18:13.800]  Michael Mears has won six cases in federal court against debt collectors, and now you
[18:13.800 --> 18:14.800]  can win too.
[18:14.800 --> 18:19.760]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.760 --> 18:25.480]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[18:25.480 --> 18:30.040]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[18:30.040 --> 18:34.240]  financial tables on them and make them pay you to go away.
[18:34.240 --> 18:39.360]  The Michael Mears proven method is the solution for how to stop debt collectors.
[18:39.360 --> 18:41.480]  Personal consultation is available as well.
[18:41.480 --> 18:47.000]  For more information, please visit lulablogradio.com and click on the blue Michael Mears banner
[18:47.000 --> 18:49.920]  or email michaelmears at yahoo.com.
[18:49.920 --> 18:59.560]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[18:59.560 --> 19:00.560]  now.
[19:00.560 --> 19:17.560]  You are listening to the Logos Radio Network, l-l-l-LogosRadioNetwork.com.
[19:17.560 --> 19:31.000]  Okay.
[19:31.000 --> 19:32.000]  We are back.
[19:32.000 --> 19:39.160]  Amanda Kelton, Rule of Law Radio on this Friday, the 8th day of May, 2015, and we're going
[19:39.160 --> 19:41.200]  to Leslie in Pennsylvania.
[19:41.200 --> 19:42.200]  Hello, Ms. Leslie.
[19:42.200 --> 19:43.200]  Hi.
[19:43.200 --> 19:46.360]  How are you doing?
[19:46.360 --> 19:51.240]  I am doing good, especially since you sent me this document.
[19:51.240 --> 19:54.520]  Isn't it wonderful?
[19:54.520 --> 19:58.080]  I was very pleased with it.
[19:58.080 --> 20:06.240]  Massive foreclosure fraud on part of David J. Stern may become subject of actions to vacate
[20:06.240 --> 20:08.600]  tens of thousands of foreclosures.
[20:08.600 --> 20:09.600]  Oh, yes.
[20:09.600 --> 20:14.920]  I thought you were going to talk about the amicus proof, but that's good too.
[20:14.920 --> 20:17.440]  There's so much good stuff happening.
[20:17.440 --> 20:18.440]  I missed the verdict.
[20:18.440 --> 20:19.440]  Okay.
[20:19.440 --> 20:21.920]  We'll get to that one next then.
[20:21.920 --> 20:28.440]  But this has serious implications.
[20:28.440 --> 20:31.520]  You kind of explained the article to us.
[20:31.520 --> 20:32.520]  Okay.
[20:32.520 --> 20:44.680]  Basically, what that is, is that Stern's was a, what would you call them, robo-signing powerhouse,
[20:44.680 --> 20:49.760]  and they were a law firm at the same time, and they got kicked out of doing business.
[20:49.760 --> 20:51.760]  Oh, hold on.
[20:51.760 --> 20:52.760]  Stern.
[20:52.760 --> 20:59.040]  This is the law firm in Florida that got put out of business three or four years ago.
[20:59.040 --> 21:00.600]  Yeah.
[21:00.600 --> 21:03.160]  I was thinking Bear Sterns.
[21:03.160 --> 21:04.160]  Okay.
[21:04.160 --> 21:05.160]  Oh.
[21:05.160 --> 21:06.160]  Okay.
[21:06.160 --> 21:12.040]  Sterns, the big law, Sterns was the biggest foreclosure mill in Florida.
[21:12.040 --> 21:13.040]  Yeah.
[21:13.040 --> 21:14.040]  Okay.
[21:14.040 --> 21:15.040]  Go ahead.
[21:15.040 --> 21:21.680]  And they got put out of business, and now this lawyer in Florida that's well-known has
[21:21.680 --> 21:27.080]  been approached by thousands of people who want their homes back or restitution because
[21:27.080 --> 21:33.680]  they were defrauded from their homes by this guy, and there is a law in Florida that says
[21:33.680 --> 21:40.800]  that the judgment can be vacated because it was obtained by fraud and is void.
[21:40.800 --> 21:41.960]  And just for the record-
[21:41.960 --> 21:42.960]  Judgment.
[21:42.960 --> 21:47.600]  Yeah, just for the record, every state has laws.
[21:47.600 --> 21:56.080]  Every state that I've looked at has laws that vitiate anything perpetrated under fraud.
[21:56.080 --> 22:02.200]  So while Florida has it, your state is almost certainly going to have it no matter what
[22:02.200 --> 22:03.200]  state you live in.
[22:03.200 --> 22:04.200]  Okay.
[22:04.200 --> 22:05.200]  Exactly.
[22:05.200 --> 22:06.200]  Go ahead.
[22:06.200 --> 22:07.200]  I'll quit interrupting you.
[22:07.200 --> 22:15.320]  So in Florida, because they put him out of business because of the fraud, any home that
[22:15.320 --> 22:24.480]  was foreclosed by him has the potential to be voided because of the fraud.
[22:24.480 --> 22:33.400]  And now Mr. Barnes has been requested to file an action naming Sterns and his employees
[22:33.400 --> 22:40.800]  who manufactured all those forgeries and fraudulent documents and perpetrated all this fraud and
[22:40.800 --> 22:47.760]  void all of the decisions and get the people of their homes back.
[22:47.760 --> 22:51.880]  This has far-reaching implications.
[22:51.880 --> 23:00.600]  Anyone who has been a foreclosure mill for the last 10 years has to be shaking in their
[23:00.600 --> 23:04.280]  boots about now.
[23:04.280 --> 23:11.000]  Florida law provides that a judgment can be opened or vacated if it was obtained by fraud
[23:11.000 --> 23:13.080]  or if it is void.
[23:13.080 --> 23:20.320]  It also has crime slash fraud exception to the attorney-client privilege, which does
[23:20.320 --> 23:26.640]  not protect communications between a party and its attorney if those communications were
[23:26.640 --> 23:34.360]  made in furtherance of the preparation of or for the purpose of committing a crime or
[23:34.360 --> 23:40.080]  fraud, even if the crime or fraud is not consummated.
[23:40.080 --> 23:50.200]  Florida statute section 90.502 as explained in First Union National Bank v. Turney, yahoo.
[23:50.200 --> 23:52.760]  And this sounds like Texas law.
[23:52.760 --> 23:56.360]  It sounds like Pennsylvania law.
[23:56.360 --> 24:02.760]  North Carolina law, Colorado, California, these are the ones I've specifically looked
[24:02.760 --> 24:03.760]  at.
[24:03.760 --> 24:08.080]  They're all essentially the same in this regard.
[24:08.080 --> 24:19.720]  But the one point here where that it stipulated about attorney-client privilege when fraud
[24:19.720 --> 24:29.800]  is involved and that brings a question to mind, in order to vitiate attorney-client
[24:29.800 --> 24:40.760]  privilege, how much evidence do you have to have to be sufficient to warrant intervening
[24:40.760 --> 24:46.320]  between the attorney and the attorney's client?
[24:46.320 --> 24:53.400]  Well, you don't need a lot in this case because the guy was, because the law offices were
[24:53.400 --> 24:56.080]  put out of business because of the fraud.
[24:56.080 --> 24:57.080]  So...
[24:57.080 --> 25:04.160]  Yeah, they're subject to a residue to Qatar or collateral estoppel from claiming that
[25:04.160 --> 25:06.560]  they didn't commit fraud.
[25:06.560 --> 25:15.080]  But I'm thinking in terms of a foreclosure mill in Pennsylvania.
[25:15.080 --> 25:20.040]  I talked to a lot of people, they have a lot of trouble finding a lawyer who will take
[25:20.040 --> 25:22.720]  a foreclosure case.
[25:22.720 --> 25:27.000]  The lawyers, they always want to be on the side of the banks because that's where all
[25:27.000 --> 25:30.000]  the money is.
[25:30.000 --> 25:33.480]  What if he's the wrong kind of lawyer?
[25:33.480 --> 25:42.040]  Any one of those lawyers that looks at this has to be shaking in his boots about now.
[25:42.040 --> 25:49.640]  And there are a large number of lawyers out there who were used by the foreclosure mills.
[25:49.640 --> 25:54.440]  They'll hire lawyers and just work them to death until they quit and then they hire more
[25:54.440 --> 25:58.600]  because a lot of hungry lawyers out there.
[25:58.600 --> 26:05.080]  Now after they've been run through the wringer by the foreclosure mills, now they're subject
[26:05.080 --> 26:10.160]  to being sued personally.
[26:10.160 --> 26:12.320]  This points right back at Santiago v. Mackey.
[26:12.320 --> 26:14.320]  That's what I was going to say.
[26:14.320 --> 26:17.320]  It's just like San Diego v. Mackey, same thing.
[26:17.320 --> 26:19.840]  It goes right back there.
[26:19.840 --> 26:27.480]  So this has to be frightening all these guys and all these people doing the foreclosures,
[26:27.480 --> 26:31.660]  they have to be getting worried.
[26:31.660 --> 26:37.720]  One of the things we're doing is going to the lawyers and to the banks and saying, guys,
[26:37.720 --> 26:40.440]  you got a problem.
[26:40.440 --> 26:43.880]  The paperwork is really messed up here.
[26:43.880 --> 26:50.320]  And these documents that you're preparing to file, they are fraudulent on their face.
[26:50.320 --> 26:54.560]  And look what can happen to you if you continue down this road.
[26:54.560 --> 27:02.320]  That's why I've been telling people your best strategy is to make a deal.
[27:02.320 --> 27:09.360]  You can go after them for fraud, but you have to know they're going to fight you big time
[27:09.360 --> 27:13.520]  because this could not only put them out of business, you could put them in jail.
[27:13.520 --> 27:20.280]  So you're going to get yourself a really good fight unless you go to them and say, well,
[27:20.280 --> 27:25.600]  that could make a deal.
[27:25.600 --> 27:32.480]  You got some good leverage here when there is the potential for them going to prison,
[27:32.480 --> 27:39.400]  losing the bar card, being disgraced, I don't know, maybe disgraced a lawyer.
[27:39.400 --> 27:48.200]  That may be a virtual impossibility, I mean, beyond what they already are.
[27:48.200 --> 27:52.040]  Anyway, enough hammering lawyers.
[27:52.040 --> 28:00.600]  There are actually some good lawyers out there and the lawyers that engaged in these practices.
[28:00.600 --> 28:07.400]  Guy goes to law school for six years, six to eight years.
[28:07.400 --> 28:13.800]  He incurs $150,000 to $180,000 student loan debt.
[28:13.800 --> 28:20.340]  He gets out of law school with the idea that he's going to change the world and make everybody's
[28:20.340 --> 28:22.760]  life better.
[28:22.760 --> 28:31.280]  Then he runs into the realities of the fact that we're graduating 40,000 lawyers a year.
[28:31.280 --> 28:39.200]  We have far more lawyers than any other country in the world, far more lawyers than we need.
[28:39.200 --> 28:46.720]  It is a struggle out there for lawyers to make a living and to pay that.
[28:46.720 --> 28:52.760]  I had one lawyer said she has a house payment and doesn't have a house, student loan that's
[28:52.760 --> 28:55.120]  as much as a house payment.
[28:55.120 --> 29:02.120]  So they got to do something, make a living and then wind up going to work for these foreclosure
[29:02.120 --> 29:09.680]  mills because they got a lot of money and now it looks like they may wind up being sued
[29:09.680 --> 29:10.680]  right out of business.
[29:10.680 --> 29:11.680]  That's hopeful.
[29:11.680 --> 29:18.040]  Good thing I didn't go to law school.
[29:18.040 --> 29:20.800]  Go ahead, Liz.
[29:20.800 --> 29:25.880]  I've been reading that the best place to find a foreclosure attorney if you're looking for
[29:25.880 --> 29:31.920]  a defense attorney is to go after a personal injury attorney.
[29:31.920 --> 29:41.360]  They look at the law differently and are more apt not to play footsie with the other lawyers.
[29:41.360 --> 29:45.920]  That's an interesting point.
[29:45.920 --> 29:50.400]  Personal injury lawyers, they are clearly all about the money.
[29:50.400 --> 29:51.400]  Exactly.
[29:51.400 --> 29:57.320]  There's enough there with fraud, you'll find it.
[29:57.320 --> 30:02.320]  That is a really good idea.
[30:02.320 --> 30:04.840]  To say children are a big commitment is an understatement.
[30:04.840 --> 30:10.320]  Raising a family takes enormous energy, love and patience and of course lots of money.
[30:10.320 --> 30:14.960]  I'm Dr. Catherine Albrecht and I'll be back with the USDA's shocking estimate of the cost
[30:14.960 --> 30:17.320]  to raise a child.
[30:17.320 --> 30:18.880]  Privacy is under attack.
[30:18.880 --> 30:23.280]  When you give up data about yourself, you'll never get it back again and once your privacy
[30:23.280 --> 30:27.280]  is gone, you'll find your freedoms will start to vanish too.
[30:27.280 --> 30:32.440]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:32.440 --> 30:35.040]  Privacy, it's worth hanging on to.
[30:35.040 --> 30:39.320]  This public service announcement is brought to you by StartPage.com, the private search
[30:39.320 --> 30:42.840]  engine alternative to Google, Yahoo and Bing.
[30:42.840 --> 30:46.240]  Start over with StartPage.
[30:46.240 --> 30:49.960]  Raising a child is expensive, but just how expensive is a real eye opener?
[30:49.960 --> 30:55.960]  According to the U.S. Department of Agriculture, it costs about $286,000 to raise a middle
[30:55.960 --> 31:00.600]  class child through age 17, that's nearly $16,000 a year.
[31:00.600 --> 31:05.920]  That estimate includes housing, food, transportation, clothing, healthcare and things like haircuts
[31:05.920 --> 31:06.920]  and music lessons.
[31:06.920 --> 31:11.440]  But it doesn't include one of the biggest expenses parents incur, the cost of higher
[31:11.440 --> 31:12.440]  education.
[31:12.440 --> 31:17.720]  In-state college tuition and fees at public universities currently run about $7,000 a
[31:17.720 --> 31:21.280]  year and they're expected to rise faster than the rate of inflation.
[31:21.280 --> 31:22.280]  Yikes.
[31:22.280 --> 31:23.760]  I'm Dr. Catherine Albrecht.
[31:23.760 --> 31:52.280]  For more news and information at CatherineAlbrecht.com.
[31:53.760 --> 32:13.360]  We're going to have to stand and defend our own rights.
[32:13.360 --> 32:16.560]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.560 --> 32:20.280]  in our own private capacity and most importantly the right to due process of law.
[32:20.280 --> 32:24.440]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.440 --> 32:25.840]  our rights through due process.
[32:25.840 --> 32:29.800]  Former Sheriff's Deputy, Eddie Craig, in conjunction with Rule of Law Radio has put together the
[32:29.800 --> 32:33.560]  most comprehensive teaching tool available that will help you understand what due process
[32:33.560 --> 32:35.960]  is and how to hold courts to the rule of law.
[32:35.960 --> 32:39.960]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.960 --> 32:41.280]  ordering your copy today.
[32:41.280 --> 32:44.800]  By ordering now you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law
[32:44.800 --> 32:49.480]  Versus the Lie, video and audio of the original 2009 seminar, hundreds of research documents
[32:49.480 --> 32:51.360]  and other useful resource materials.
[32:51.360 --> 32:55.320]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:55.320 --> 33:04.760]  Order your copy today and together we can have the free society we all want and deserve.
[33:04.760 --> 33:21.120]  Thanks for listening to the Logos Radio Network at logosradionetwork.com.
[33:21.120 --> 33:30.240]  Okay we are back, Rule of Law Radio, Randy Kelton on this Friday, May the 8th, 2015 and
[33:30.240 --> 33:32.520]  we're talking to Leslie in Pennsylvania.
[33:32.520 --> 33:37.200]  Leslie, you had another decision you wanted to talk about.
[33:37.200 --> 33:39.880]  Yeah, it's not a decision.
[33:39.880 --> 33:46.560]  I sent you an amicus brief that was by the Harvard Law School and...
[33:46.560 --> 33:49.040]  Oh, I missed that one.
[33:49.040 --> 33:56.920]  You sent me an amicus brief by the Attorney General from the state of California and if
[33:56.920 --> 34:02.120]  Rick Tannini could reach you he would kiss you right on the mouth for that.
[34:02.120 --> 34:15.120]  Because I had just finished helping him write an appeal brief to the, I think it's the
[34:15.120 --> 34:21.040]  Fifth Circuit in San Diego, the one that issued the Jenkins ruling.
[34:21.040 --> 34:24.480]  In California there's a Jenkins ruling and a Glasky.
[34:24.480 --> 34:29.280]  Jenkins says you can't challenge an assignment, Glasky says you can't.
[34:29.280 --> 34:37.440]  Wrote in the brief, he filed it, the other side answered it and the day they answered
[34:37.440 --> 34:46.880]  it the Attorney General filed this brief in the Yavanov case and I read the brief and
[34:46.880 --> 34:54.800]  it looked like he had read our brief or she had because she walked right down the exact
[34:54.800 --> 34:57.680]  issues we argued.
[34:57.680 --> 35:00.280]  Rick was just absolutely thrilled.
[35:00.280 --> 35:03.400]  Okay, I interrupted you again.
[35:03.400 --> 35:04.400]  Okay.
[35:04.400 --> 35:05.400]  Okay.
[35:05.400 --> 35:06.400]  This one I haven't seen.
[35:06.400 --> 35:13.080]  Okay, this is the amicus curi from the Legal Services Center at Harvard Law School and
[35:13.080 --> 35:19.120]  the law professors in support of Ms. Nancy Becker, recorder of deeds in Chester County
[35:19.120 --> 35:21.120]  and Harvard Jail.
[35:21.120 --> 35:24.800]  Whoa, wait a minute.
[35:24.800 --> 35:27.920]  Harvard's in Massachusetts.
[35:27.920 --> 35:35.920]  Yeah, but the people that wrote this brief, they're from all over the place.
[35:35.920 --> 35:43.880]  They have the parties that were involved in this, the scholarly authorities and all that
[35:43.880 --> 35:44.880]  kind of stuff.
[35:44.880 --> 35:45.880]  Okay, okay.
[35:45.880 --> 35:46.880]  Hold on, Leslie.
[35:46.880 --> 35:53.480]  Back up a little bit and give them a, give a brief synopsis of Nancy Becker's case for
[35:53.480 --> 35:57.440]  those who don't know what it referred to.
[35:57.440 --> 36:01.760]  Nancy Becker is the recorder of deeds in Montgomery County, Pennsylvania.
[36:01.760 --> 36:08.760]  She filed a lawsuit against MERS stating that they failed to record the intervening assignments
[36:08.760 --> 36:15.240]  of mortgage and she wants the money for all the records that they didn't record and she
[36:15.240 --> 36:20.880]  wants them all recorded and she wants quiet title to all the MERS mortgages.
[36:20.880 --> 36:23.840]  Now in Pennsylvania, quiet title means two different things.
[36:23.840 --> 36:26.400]  This is what I found out.
[36:26.400 --> 36:31.720]  Quiet title can be forcing someone to file something that wasn't filed like Nancy's
[36:31.720 --> 36:37.280]  doing or to, or to declare something is void that is filed.
[36:37.280 --> 36:38.880]  Okay, okay.
[36:38.880 --> 36:46.200]  For those people who don't live in Pennsylvania, I know a lot of people are thinking, well,
[36:46.200 --> 36:49.320]  there's no law that requires us to file.
[36:49.320 --> 36:52.360]  What about Pennsylvania?
[36:52.360 --> 36:59.680]  Pennsylvania requires every transfer of interest in a mortgage must be required, must be recorded.
[36:59.680 --> 37:02.680]  No exception.
[37:02.680 --> 37:05.320]  And is it, is it not a crime if they don't?
[37:05.320 --> 37:06.320]  It's what?
[37:06.320 --> 37:07.320]  It's void.
[37:07.320 --> 37:11.320]  Is it, isn't it a crime if they don't?
[37:11.320 --> 37:13.320]  Oh yes.
[37:13.320 --> 37:15.320]  It's a felony.
[37:15.320 --> 37:25.800]  It comes under interfering, withholding documents for recording that affects the validity of
[37:25.800 --> 37:28.800]  the county records.
[37:28.800 --> 37:32.640]  That sounds a lot like tampering with a government document.
[37:32.640 --> 37:34.080]  Yes.
[37:34.080 --> 37:41.680]  If you put a false statement on a government document or if you secret a government document,
[37:41.680 --> 37:44.120]  then that's tampering.
[37:44.120 --> 37:47.880]  So that sounds like the basis on which they pass this.
[37:47.880 --> 37:48.880]  This is great.
[37:48.880 --> 37:49.880]  Okay.
[37:49.880 --> 37:53.840]  Go ahead with, with Becker, I'll try to quit interrupting.
[37:53.840 --> 37:54.840]  Okay.
[37:54.840 --> 38:03.480]  So she got a decision from the court that said that they are, MERS is absolutely obligated
[38:03.480 --> 38:11.920]  to record every transfer of the note by an assignment of mortgage or other documentation,
[38:11.920 --> 38:19.240]  you know, but every transfer of the note must be recorded, documented and recorded.
[38:19.240 --> 38:25.200]  And they are obligated to do that and they appealed to the court, to the higher court.
[38:25.200 --> 38:33.360]  And now this amicus brief was put in by the Harvard Law School.
[38:33.360 --> 38:35.480]  And I just think it's wonderful.
[38:35.480 --> 38:37.200]  It goes down the whole thing.
[38:37.200 --> 38:43.920]  Now it's, they're not just Harvard professors because they have a long arm that one of the
[38:43.920 --> 38:48.240]  people is a professor at law at Georgetown Law.
[38:48.240 --> 38:53.440]  One is a, is bussy professor at law at Harvard Law.
[38:53.440 --> 38:59.040]  And then there's the professor of law research director of center of urban business entrepreneurship
[38:59.040 --> 39:01.840]  at Brooklyn Law School.
[39:01.840 --> 39:06.680]  And then there's another one, dean, vice dean and professor of law at Benjamin de Cardoza
[39:06.680 --> 39:08.920]  School of law at Yeshiva University.
[39:08.920 --> 39:15.960]  So there's like four or five different law professors that are involved in putting this
[39:15.960 --> 39:16.960]  together.
[39:16.960 --> 39:21.800]  And it's absolutely a piece of art.
[39:21.800 --> 39:30.120]  And that gives a well rounded legal standing and not just, is it, I take it as written
[39:30.120 --> 39:39.160]  specifically for Pennsylvania law or does it extend out into other States?
[39:39.160 --> 39:45.400]  When you read it, it does mention specific Pennsylvania law, but it also says this is
[39:45.400 --> 39:52.440]  affecting everyone else in the country because now nobody's records are accurate.
[39:52.440 --> 39:59.080]  And what it said was that its design was meant to mimic the depository trading company, but
[39:59.080 --> 40:07.280]  it doesn't have the framework around it.
[40:07.280 --> 40:10.760]  You know, it doesn't have a securities and exchange commission looking over its shoulder
[40:10.760 --> 40:16.200]  like the DTC does, or you understand what I mean?
[40:16.200 --> 40:20.000]  And it doesn't have anybody to approve its rules, it's answering to nobody.
[40:20.000 --> 40:28.600]  You're saying MERS was intended to- To be like the DTC.
[40:28.600 --> 40:31.280]  But they didn't have the oversight.
[40:31.280 --> 40:32.280]  Right.
[40:32.280 --> 40:33.280]  Right.
[40:33.280 --> 40:34.280]  Yeah.
[40:34.280 --> 40:44.680]  The analogy I use is that Christianity essentially proposes communism from each court to his
[40:44.680 --> 40:47.400]  ability to each court in his need.
[40:47.400 --> 40:54.440]  But the Russians unfortunately didn't have the checks and balances that the Christians
[40:54.440 --> 40:58.580]  do when they got God overlooking what they're doing.
[40:58.580 --> 41:00.960]  So under that scenario works.
[41:00.960 --> 41:01.960]  Exactly.
[41:01.960 --> 41:09.200]  And one of the other things that it said, or trying to find it exactly, but it said
[41:09.200 --> 41:17.000]  it leaves a big hole and voids anything that it's recorded with because it leaves a big
[41:17.000 --> 41:19.440]  hole in the chain of taboos.
[41:19.440 --> 41:25.040]  I'm going to have to read that because those are exactly the arguments the Patriot community
[41:25.040 --> 41:29.920]  has been making for a long time.
[41:29.920 --> 41:42.000]  And I'm kind of excited about this case in Florida because it turns on the fraud.
[41:42.000 --> 41:49.320]  And pretty well everything we've argued about what MERS is doing goes to fraud.
[41:49.320 --> 41:58.880]  It's like the political pendulum is swinging in that direction, swinging back against the
[41:58.880 --> 42:05.680]  banks and the banks are beginning to get, it's becoming more politically acceptable
[42:05.680 --> 42:11.520]  for courts to rule against banks is what it appears.
[42:11.520 --> 42:15.120]  Well the conclusion in this brief is very brief.
[42:15.120 --> 42:21.160]  MERS has largely replaced the formerly transparent public record of mortgage interest with a
[42:21.160 --> 42:27.480]  partial, inaccurate, and inaccessible private registry that greatly increased the likelihood
[42:27.480 --> 42:29.640]  of fraud and litigation.
[42:29.640 --> 42:34.800]  By the next first time in the history of the nation there is no longer an authoritative
[42:34.800 --> 42:39.800]  public record of interest in the land in each county for the above reasons to uphold Pennsylvania
[42:39.800 --> 42:45.280]  law and to allow Montgomery County to begin to reconstitute the damage to the record MERS
[42:45.280 --> 42:52.000]  has wrought and an order on appeal should be affirmed.
[42:52.000 --> 42:56.000]  But it shows the likelihood of fraud right in the conclusion.
[42:56.000 --> 43:01.680]  But it doesn't show that throughout the thing, it argues around it.
[43:01.680 --> 43:08.440]  But you talk about certified fraud examiner and other parties, you know what I mean?
[43:08.440 --> 43:11.000]  You have to, this is really, really good.
[43:11.000 --> 43:12.520]  I'll have to read it.
[43:12.520 --> 43:13.720]  This is a very good sign.
[43:13.720 --> 43:20.720]  For anybody who has a mortgage issue, this is a very good sign.
[43:20.720 --> 43:31.000]  Even if you're not in Pennsylvania or Florida, I have no doubt we're having more rulings
[43:31.000 --> 43:36.120]  than we're finding because I keep getting rulings all the time.
[43:36.120 --> 43:42.120]  I get really powerful rulings at three, four years old that I haven't heard of.
[43:42.120 --> 43:51.920]  So I'm hearing more and more that going after the banks, that the judges and we're going
[43:51.920 --> 44:02.520]  to break and before I run off the cliff again, we'll be right back.
[44:02.520 --> 44:03.520]  Hello.
[44:03.520 --> 44:08.040]  My name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by
[44:08.040 --> 44:13.000]  our store at 1904 Guadalupe Street, Sweet D here in Austin, Texas, buying Brave New
[44:13.000 --> 44:16.920]  Books and Chase Payne to see all our fantastic health and wellness products with your very
[44:16.920 --> 44:17.920]  own eyes.
[44:17.920 --> 44:22.720]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
[44:22.720 --> 44:26.720]  Take a peek at some of our other wonderful products including our Australian Eme oil,
[44:26.720 --> 44:34.880]  lotion candles, olive oil, soaps and colloidal silver and gold and call 512-264-4043 or find
[44:34.880 --> 44:43.280]  us online at naturespureorganics.com, that's 512-264-4043 naturespureorganics.com.
[44:43.280 --> 45:01.360]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.360 --> 45:04.560]  Are you the plaintiff or defendant in a lawsuit?
[45:04.560 --> 45:11.320]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
[45:11.320 --> 45:14.320]  that will show you how in 24 hours, step-by-step.
[45:14.320 --> 45:19.080]  If you have a lawyer, know what your lawyer should be doing.
[45:19.080 --> 45:23.320]  If you don't have a lawyer, know what you should do for yourself.
[45:23.320 --> 45:29.040]  Thousands have won with our step-by-step course and now you can too.
[45:29.040 --> 45:34.960]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.960 --> 45:39.560]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:39.560 --> 45:43.720]  principles and practices that control our American courts.
[45:43.720 --> 45:49.920]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.920 --> 45:52.160]  pro se tactics and much more.
[45:52.160 --> 45:59.960]  Please visit Lulavlawradio.com and click on the banner or call toll free, 866-LAW-EZ.
[45:59.960 --> 46:24.720]  Whoa, whoa, oh yeah, always, I must be careful what I'm wishing for.
[46:24.720 --> 46:33.600]  always I must be careful what I'm wishing for okay we are back we've got radio Randy Kelton
[46:34.480 --> 46:46.080]  on this May the 8th 2015 and I'm going to bring up Jeff Cedric. Jeff is is on and I suspect he's
[46:46.080 --> 46:50.320]  on because he has a comment about what Ms. Lewis is talking about. Jeff you there?
[46:50.320 --> 46:58.560]  Yeah I am. I am. Thank you Randy. You are welcome. Did you have a comment on this content?
[47:00.320 --> 47:05.520]  Yes I did. I wanted to regress for a moment and I'm sure you're going to see this as some
[47:05.520 --> 47:11.680]  old saw that I keep pounding away on but you guys have got to lose the word fraud.
[47:11.680 --> 47:21.280]  Okay here it's not our word. Here it's the words we're finding in the cases.
[47:22.720 --> 47:34.240]  Okay let me give you for instance 60B4 is the rule within the federal rules of civil procedure
[47:34.240 --> 47:43.360]  that will make a judgment void predicated upon fraud upon the court. Oh wait even Jeff just used
[47:43.360 --> 47:51.680]  the word fraud. Well here's the exception to that. In order for there to be fraud on the court all
[47:51.680 --> 47:58.880]  that is necessary is that the court be proffered false and misleading information that leads the
[47:58.880 --> 48:05.600]  court to an unjust decision. You don't have to prove intent. The attorney doesn't have to
[48:05.600 --> 48:10.160]  intend to perpetrate a fraud. He doesn't even have to know that a fraud is going on. All he has to
[48:10.160 --> 48:16.720]  do is place proper to the court false and misleading information or documents that leads the court to
[48:16.720 --> 48:23.680]  an unjust decision. That's the difference of replacing false and misleading replacing fraud
[48:23.680 --> 48:30.880]  with false and misleading and you really do need to start a language in it that way. You are right
[48:30.880 --> 48:37.600]  you keep reminding me about that and I keep forgetting about that. Miss Leslie you there?
[48:38.240 --> 48:45.760]  Yes yes I'm here. Yeah that's it is but you know because fraud is so hard to prove otherwise.
[48:45.760 --> 48:52.160]  You see the fraud on the court for false and misleading. Right so if you basically take that
[48:52.160 --> 48:58.960]  anything else that you've been using the word fraud with and replace it with false and misleading
[48:58.960 --> 49:10.720]  that you can prove. I'm real adamant about that as you may have guessed. Yes I've noted we've noticed
[49:10.720 --> 49:23.120]  that. I'm interested in 60B4. Rule 60B4 and you need to pull up the annotated version of the
[49:23.120 --> 49:33.920]  rule civil procedure and go to the notes because the fraud upon the court will render any judgment
[49:33.920 --> 49:46.800]  as void on its face ab initio. Oh boy. Okay and as I said all we have to do is put in is to
[49:46.800 --> 49:52.160]  proper to the court false and misleading documentation or information that leads the
[49:52.160 --> 50:01.760]  court to an unjust decision. There's no mens rea element here. No or it means prohibited okay.
[50:01.760 --> 50:12.960]  Okay explain mens prohibita. I'm sorry I'm thinking mens say as opposed to
[50:13.520 --> 50:17.760]  malamans say and malamans prohibita. I'm sorry I was confusing my Latin.
[50:20.720 --> 50:24.000]  That was confusing my Latin so please cut me some slack on that one.
[50:24.000 --> 50:32.480]  Okay I'll cut you some slack because you're older than me. What it does though Randy it gives them
[50:33.200 --> 50:39.360]  what do you call that plausible deniability because you haven't said that the attorney
[50:39.920 --> 50:45.280]  knew that it was fraud and you didn't say the judge. Judge you're stupid with your decision
[50:45.840 --> 50:50.080]  they put false and misleading information for it and you were lying on it. That's just that
[50:50.080 --> 50:54.800]  keeps the judge from being having his ego involved and it gets the attorney out from any kind of
[50:54.800 --> 51:07.120]  charges. Well that kind of the attorney's still on the dime or at least here in Texas he's on the
[51:07.120 --> 51:17.600]  dime because before a lawyer brings an argument before the court he may not trust in the veracity
[51:17.600 --> 51:27.520]  of his client. He must do his own research. So when he brings documents before the court that
[51:27.520 --> 51:34.960]  are fraudulent he has imputed knowledge of their fraud fraudulent nature because he had a duty to
[51:34.960 --> 51:42.080]  do his own due diligence. But maybe so but that doesn't mean that his client can't perpetrate
[51:42.080 --> 51:48.000]  false documents that he's relying on. Right. And he's not necessarily going to know that they're
[51:48.000 --> 51:59.760]  false. Well at least he can claim that he didn't know but we can still hold him responsible under
[51:59.760 --> 52:06.480]  imputed knowledge. That's where I was going not so much just to blame the lawyer but in your claim
[52:06.480 --> 52:15.120]  against them he can claim he didn't know and he can genuinely have not known but he's not a layman.
[52:16.560 --> 52:25.280]  He's there in a special capacity and he does not get to make that claim. Yeah well at the same
[52:25.280 --> 52:30.320]  time though the bar review will cut him some slack. Oh the bar will cut him some slack no
[52:30.320 --> 52:36.640]  matter what he does. That's okay. Well that's not necessarily true because we do have disbarred attorneys.
[52:38.000 --> 52:44.080]  That's because they annoyed somebody with political clout. You mean like Stern?
[52:46.000 --> 52:53.520]  Stern yeah well look what it took for Stern. Stern would have been much better off if the
[52:53.520 --> 53:01.120]  bar had a stung him early. He wouldn't be out of business now. He's more than that he's been
[53:01.920 --> 53:12.000]  disbarred permanently. Is he in prison yet? No but somebody had somebody had the wherewithal
[53:12.000 --> 53:16.160]  in their foreclosure case to get him served with a subpoena
[53:16.160 --> 53:26.480]  and he destroyed the enemy's foreclosure case and they walked out with the house.
[53:29.120 --> 53:31.280]  Wait a minute can you give me a little context on that?
[53:34.640 --> 53:41.680]  Well Stern's in hiding and the original foreclosure on the house was started by Stern
[53:41.680 --> 53:48.320]  and he was in hiding but they found a private investigator who evidently knew how to find him
[53:48.960 --> 53:51.840]  and got him served with the subpoena to appear as a witness.
[53:53.840 --> 54:06.640]  A question if somebody is has been subpoenaed and they're on the way to the court are they immune
[54:06.640 --> 54:12.240]  from being subpoenaed by everybody else that's been looking for him? He appeared telephonically
[54:14.480 --> 54:20.160]  and to answer the question I have no idea. He still had enough political clout I guess he had
[54:20.160 --> 54:27.280]  paid off enough politicians that he still had enough clout that he didn't have to show up
[54:27.280 --> 54:35.200]  do personally. I don't know exactly what it was but they got him on the phone and they said
[54:35.200 --> 54:43.360]  but they got him on the phone and they just tore the foreclosure case apart just later this under.
[54:45.280 --> 54:49.120]  This is wonderful because the Sterns is one of the biggest in the country
[54:49.120 --> 54:56.720]  biggest foreclosure mills and we have one very large foreclosure mill here in Texas
[54:56.720 --> 55:03.440]  and they have to be getting pretty concerned about now well maybe not these guys this Barrett,
[55:03.440 --> 55:12.640]  Daffin, Frappen and kiss my behind they pretty well have purchased the legislature in Texas.
[55:14.800 --> 55:18.880]  They have have bought laws to specifically to protect them
[55:21.360 --> 55:24.480]  but I suspect that's going to begin to crumble.
[55:24.480 --> 55:29.440]  Well I have not been fanatizing what's been going on in the foreclosure marketplace here
[55:29.440 --> 55:38.080]  but I bet it's interesting. The article here on go ahead Leslie Stern says that there's tens of
[55:38.080 --> 55:46.960]  thousands of foreclosure party that are involved in this yeah tens of thousands right and I
[55:46.960 --> 55:55.760]  and I absolutely suspect that when the facts or the details of what was done begins to come out in
[55:56.720 --> 56:01.600]  in these cases that they're going to be practices that are precisely the same
[56:01.600 --> 56:08.960]  as these other foreclosure mills have been practicing all over the country okay yeah right
[56:10.080 --> 56:13.520]  and these guys have to be seeing the writing on the wall because
[56:13.520 --> 56:18.400]  these guys have to be seeing the writing on the wall because we are definitely coming after them.
[56:20.000 --> 56:26.400]  Another thing Randy is people if you watch the news they seem to think that the foreclosures
[56:26.400 --> 56:33.440]  are going down slowly and that is not true that we're barely halfway through this it's
[56:33.440 --> 56:41.920]  going to get a lot worse before it gets better. Yes I'm in the Dallas Fort Worth area
[56:41.920 --> 56:49.760]  and I went through I pulled all of the foreclosures this year for Dallas Fort Worth,
[56:50.720 --> 56:58.880]  Austin, San Antonio, and Houston. I'm sorry not Houston not Houston Dallas Fort Worth,
[57:00.160 --> 57:08.560]  Travis County, Austin, San Antonio and I had over 13,000 properties
[57:08.560 --> 57:21.920]  noticed for foreclosure this year. It is not letting up. No no and we expect a downturn
[57:22.960 --> 57:28.240]  at the end of this year so it's still going to be in flux for a while there's still going to be lots
[57:28.240 --> 57:35.280]  of them but it's beginning to look like the tide is turning for the the borrower and against the
[57:35.280 --> 57:44.640]  the borrower and against the banks. What I am hoping is that they remember if you would Randy
[57:45.280 --> 57:53.360]  it's kind of like tide there's high tide low tide ebb tide and then there's high tide low tide and
[57:53.360 --> 58:00.240]  ebb tide it comes and goes it comes and goes and and we haven't reached ebb tide yet.
[58:00.240 --> 58:05.600]  The tide is still going out on the foreclosure problem.
[58:07.840 --> 58:11.280]  Well we got more and more judges there's they're popping their head up
[58:12.000 --> 58:15.360]  and are not getting whacked like in the game whack-a-mole.
[58:16.080 --> 58:21.280]  Yes and that's what judges hate to do they have to to make a controversial decision.
[58:22.960 --> 58:26.800]  Right but then okay that's what I pulled in about there Randy.
[58:26.800 --> 58:32.240]  Okay thank you Jeff we're about to go to break. You're welcome. Okay uh
[58:33.920 --> 58:39.280]  okay Leslie we'll pick you up on the other side Randy Kelton rule of law radio or call
[58:39.280 --> 58:43.600]  in number 512-646-1984 we'll be right back.
[58:50.240 --> 58:54.160]  Would you like to make more definite progress in your walk with God?
[58:54.160 --> 59:00.240]  Bibles for America is offering a free study Bible and a set of free Christian books that can really
[59:00.240 --> 59:05.440]  help. The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.440 --> 59:10.960]  today. It's an accurate translation and it contains thousands of footnotes that will help you to know
[59:10.960 --> 59:17.040]  God and to know the meaning of life. The free books are a three volume set called basic elements
[59:17.040 --> 59:22.400]  of the Christian life. Chapter by chapter basic elements of the Christian life clearly presents
[59:22.400 --> 59:28.880]  God's plan of salvation growing in Christ and how to build up the church. To order your free
[59:28.880 --> 59:35.760]  New Testament recovery version and basic elements of the Christian life call Bibles for America toll
[59:35.760 --> 59:49.120]  free at 888-551-0102 that's 888-551-0102 or visit us online at bfa.org.
[59:49.120 --> 01:00:11.200]  The following news flash is brought to you by the Lone Star Lowdown providing your daily bulletins
[01:00:11.200 --> 01:00:18.960]  for the commodities market today in history news updates and the inside scoop into the tides of
[01:00:18.960 --> 01:00:30.960]  the alternative markets open up today with gold at 1188 dollars and 52 cents an ounce silver 16
[01:00:30.960 --> 01:00:36.880]  dollars and 47 cents an ounce texas crude 58 dollars 94 cents a barrel and bitcoin is currently
[01:00:36.880 --> 01:00:50.080]  sitting at 245 us currency today in history monday 8 1967 boxing champion mohammed ali is
[01:00:50.080 --> 01:00:54.640]  indicted for refusing induction into the u.s army's war effort in vietnam just several days
[01:00:54.640 --> 01:01:00.320]  before on april 28 ali a muslim silently religious reasons for his decision to forego military
[01:01:00.320 --> 01:01:05.840]  service stating quote i ain't got no quarrel with those vietcong he was immediately stripped of his
[01:01:05.840 --> 01:01:20.000]  heavyweight title in recent news rescuers of the napalm earthquake are using a suitcase size device
[01:01:20.000 --> 01:01:25.680]  that detects humans breathing and heartbeats with microwave radar signals the prototype device known
[01:01:25.680 --> 01:01:30.560]  as finder finding individuals for disaster and emergency response has been helping search and
[01:01:30.560 --> 01:01:36.080]  rescue teams detect the heartbeats of survivors under as much as 10 feet of bricks mud and other
[01:01:36.080 --> 01:01:42.480]  debris in the town of cutara finder tech was first tested in the aftermath of the 2010 haiti earthquake
[01:01:46.960 --> 01:01:52.160]  facebook status science team wrote in a recent blog post quote newsfeed surfaces content that
[01:01:52.160 --> 01:01:56.480]  is slightly more aligned with an individual's own ideology however the friends you choose and the
[01:01:56.480 --> 01:02:01.520]  content you click on are more important factors than newsfeed ranking in terms of how much content
[01:02:01.520 --> 01:02:07.520]  you encounter that cuts across ideological lines in short if your facebook newsfeed seems to be an
[01:02:07.520 --> 01:02:12.080]  echo of your own post and likes you may want to like pages and befriend people who have different
[01:02:12.080 --> 01:02:21.200]  views in yours who knows you might actually learn something new according to a study published on
[01:02:21.200 --> 01:02:25.840]  monday and the proceedings of the national academy of sciences highlights potential risks to
[01:02:25.840 --> 01:02:30.000]  underground drinking water from the drilling technique known as hydraulic fracturing or
[01:02:30.000 --> 01:02:35.600]  fracking the analysis of drinking water sampled from three homes in breadford county pennsylvania
[01:02:35.600 --> 01:02:40.400]  revealed traces of a compound commonly found in the marcellus shale drilling fluid
[01:02:42.720 --> 01:02:46.720]  the low star lowdown is currently looking for sponsors if you have a product or a service
[01:02:46.720 --> 01:02:52.560]  that you like to advertise in the lowdown feel free to give us a call at 210-863-5617
[01:02:52.560 --> 01:02:56.560]  this has been your lowdown for may 8 2015
[01:03:23.280 --> 01:03:30.720]  okay we are back randy kelton we have our radio and we're talking to leslie in pennsylvania
[01:03:32.480 --> 01:03:41.120]  leslie have we pretty well covered this subject yes just about uh like i said they're saying that
[01:03:41.120 --> 01:03:49.760]  it's uh you know come into a uh what do you call it it's tuning down and other people are saying
[01:03:49.760 --> 01:03:57.520]  it's barely half there and i'm thinking you know it could be almost over if we get enough positive
[01:03:57.520 --> 01:04:04.320]  decisions from the courts they might get a message and just stop foreclosing i mean that'd be
[01:04:04.320 --> 01:04:14.160]  wonderful that is a very good point because it seems as though the banks were working very hard
[01:04:14.160 --> 01:04:22.000]  to force foreclosures and i suspect that's because of uh overselling the note
[01:04:23.840 --> 01:04:30.400]  multiple funding on notes and we've talked about that before but it looks as though
[01:04:31.760 --> 01:04:39.760]  this has cost the banks dearly in public opinion because there's so many people coming
[01:04:39.760 --> 01:04:47.280]  in with such outrageous claims against the banks that no matter how much these judges want to rule
[01:04:47.280 --> 01:04:53.280]  for the banks it's reaching a point where they just can't where they'll wind up out on the street
[01:04:53.280 --> 01:04:58.640]  especially state judges now federal judges they're in there for life and good behavior
[01:04:59.680 --> 01:05:04.560]  and as far as other judges are concerned there is no bad behavior on the part of a judge unless
[01:05:04.560 --> 01:05:12.480]  he annoys another judge so the federal judges kind of stuck in there but state judges that's a whole
[01:05:12.480 --> 01:05:22.000]  different thing and when the politics begins to change there's a good chance that this could turn
[01:05:22.000 --> 01:05:30.800]  into an avalanche yeah well you know i'm thinking that you know they they would never they would play
[01:05:30.800 --> 01:05:39.360]  games with uh what do you call it loan um modifications loan modification and they would
[01:05:39.360 --> 01:05:43.760]  they would try and get the people out of as much money as they could before they foreclosed
[01:05:43.760 --> 01:05:47.840]  they're going to have to just settle down and and sell for the modifications instead of going
[01:05:47.840 --> 01:05:54.080]  through foreclosure if they keep getting bad decisions yeah i've i have been looking at taking
[01:05:54.080 --> 01:06:03.120]  buying d paper and converting it to a paper for the trusts this is what i think is going on
[01:06:04.160 --> 01:06:15.360]  the trust did not multiple fund these notes the banks multiple lenders multiple funded the notes
[01:06:15.360 --> 01:06:23.840]  and then they sold them to the trusts and then the the banks something i was studying recently
[01:06:23.840 --> 01:06:33.040]  are servicing rights servicing rights are sold we have entities that buy servicing rights
[01:06:33.840 --> 01:06:40.880]  and i looked at that and wondered what is going on here if i have a note that i've purchased say
[01:06:40.880 --> 01:06:49.040]  i've purchased a portfolio of notes i want to tell i want to decide who collects my money for me
[01:06:50.000 --> 01:06:58.480]  but apparently the way all of this is structured the rights to service your notes is something
[01:06:58.480 --> 01:07:05.360]  that's been sold somebody else owns those those servicing rights so what we got here
[01:07:05.360 --> 01:07:12.480]  are the trusts who have been sold these notes but they did not get the servicing rights with
[01:07:12.480 --> 01:07:17.280]  them somebody else has those the bank or the lender generally keeps those
[01:07:19.040 --> 01:07:24.880]  and the reason they need to keep them is they don't want the holder of the note to know that
[01:07:24.880 --> 01:07:31.600]  they've multiple multiple funded it now when it comes to foreclosing on the note
[01:07:31.600 --> 01:07:39.680]  when it comes to foreclosing on the note it does not benefit the trust who's holding the note
[01:07:39.680 --> 01:07:48.080]  to foreclose on the note it certainly doesn't benefit the borrower the only one that it benefits
[01:07:48.640 --> 01:07:54.560]  is the servicer because they're the one that multiple funded the note in the first place
[01:07:54.560 --> 01:08:02.400]  and they need that note to foreclose so that all of their mortgage insurance premiums will pay off
[01:08:03.680 --> 01:08:11.600]  quickly for those who are not familiar with what we're talking about here the lender would create
[01:08:11.600 --> 01:08:23.520]  pools for the notes that they created and pools that were filed and guaranteed by geni may each
[01:08:23.520 --> 01:08:31.360]  pool had to have notes with the same interest rate and they had a set amount of principle a
[01:08:31.360 --> 01:08:39.360]  range of principle they could be in and they'll take take the documentation from the closing and
[01:08:39.360 --> 01:08:46.560]  send it to a commitment agent for geni may geni may would examine all the paperwork and make sure
[01:08:46.560 --> 01:08:55.280]  everything all of the documentation was there issues a commitment that geni may would guarantee
[01:08:55.280 --> 01:09:03.280]  the note and then they would sell it into a pool and they would sell it into a larger pool and they
[01:09:03.280 --> 01:09:12.400]  would receive 103 the lender would receive 103 percent of the original principle so what's to
[01:09:12.400 --> 01:09:19.040]  so what's to keep the lender from taking that same note changing the interest rate and selling
[01:09:19.040 --> 01:09:24.640]  the end to another pool well foreclosure is something that would cause a problem there
[01:09:25.840 --> 01:09:30.240]  because if if they foreclose on it and they've sold the note a couple times they're going to
[01:09:30.240 --> 01:09:35.680]  pay all this money back well so on the first note they get private mortgage insurance
[01:09:35.680 --> 01:09:42.240]  on the second note they go to aig and get a derivative insurance policy which is totally
[01:09:42.240 --> 01:09:52.160]  unregulated you wonder why this the derivative scandal was such a big deal china accused bank
[01:09:52.160 --> 01:09:58.880]  of america of selling them the same note 30 times each time they sell the note they put another
[01:09:58.880 --> 01:10:06.720]  insurance mortgage insurance policy on it so that when the property forecloses all of these
[01:10:06.720 --> 01:10:16.640]  insurance companies pay off you wonder why the bank wants you to default this is why if they've
[01:10:16.640 --> 01:10:25.440]  multiple funded your note they have to have you default they have to foreclose to trigger all of
[01:10:25.440 --> 01:10:32.880]  these mortgage insurances to pay off so now they get paid off for all these mortgages
[01:10:33.440 --> 01:10:40.000]  and they walk away with all the money and leave the trusts holding the bag trusts are standing here
[01:10:40.000 --> 01:10:47.600]  holding documentation in the form of supposed claims against properties that aren't that are
[01:10:47.600 --> 01:10:55.840]  not enforceable if the courts followed law these would not be enforceable so the only one losing
[01:10:55.840 --> 01:11:03.600]  is the borrower and the purchaser of these securities the the servicer in the middle
[01:11:04.720 --> 01:11:14.240]  absolutely needs that note to default so i'm putting together a program where we buy d paper
[01:11:14.240 --> 01:11:25.360]  a program where we buy d paper non-performing notes and do an actual proper modification
[01:11:27.200 --> 01:11:34.800]  one of the things we can do when we buy the note we buy the notes from the trustees at a discount
[01:11:34.800 --> 01:11:42.080]  the relatively steep discount so we could afford to take part of that discount and give it back to
[01:11:42.080 --> 01:11:51.840]  the borrower because the borrower has to be within that debt to income ratio sweet spot in 39 to 41
[01:11:55.200 --> 01:12:02.160]  39 to 41 percent of your income is all that can be taken up by your mortgage
[01:12:03.520 --> 01:12:05.360]  if i have that your mortgage payments
[01:12:05.360 --> 01:12:15.440]  so in order to get the lender in the sweet spot if i buy the note at a steep discount i can forgive
[01:12:15.440 --> 01:12:21.360]  some of that because the note becomes more valuable to me even if the principle is not as high
[01:12:21.360 --> 01:12:28.320]  if it's performing and i'm not losing anything because i got that in a discount from the trust
[01:12:28.320 --> 01:12:36.880]  in a discount from the trust in the first place and the it's okay with the trust because they may
[01:12:36.880 --> 01:12:46.240]  have 10 000 notes in this pool and if they've got it filed into a remake and more than five percent
[01:12:46.240 --> 01:12:53.680]  of the notes fail then the remix is going to fail they're going to have to pay all the taxes that
[01:12:53.680 --> 01:13:01.120]  they've been able to defer they don't have to pay 100 percent of it so these non-performing notes
[01:13:01.120 --> 01:13:07.760]  become of relatively minor value compared to the harm it will cause the remake if the remake
[01:13:08.560 --> 01:13:13.440]  investors if the remake collapses so they'll sell it to us at a discount and this is what
[01:13:14.080 --> 01:13:21.440]  has been happening except when the notes were bought and sold they still had that server
[01:13:21.440 --> 01:13:27.360]  server in the middle who needed it to to foreclose so they still forced them in foreclosure
[01:13:28.240 --> 01:13:36.080]  does that make sense leslie yes it does and it's like i'm i'm hoping that you know if we
[01:13:36.080 --> 01:13:41.600]  have enough of this these judges that start opening their eyes to the fraud maybe the banks
[01:13:41.600 --> 01:13:47.120]  the servicers will get the message of hey you can't do this you got to make that you got to make a
[01:13:47.120 --> 01:13:53.120]  middle they've got to get equity back in the system the guy in the middle who's controlling
[01:13:53.120 --> 01:14:03.680]  all that he doesn't benefit if from the note being paid off the investor and the borrower
[01:14:03.680 --> 01:14:09.920]  are the only ones that had that should have a stake in this transaction the servicer should
[01:14:09.920 --> 01:14:15.040]  only be there to perform the service of collecting and distributing the payments
[01:14:15.040 --> 01:14:23.120]  it's but he's not there for only that purpose if we can take away his profit motive for foreclosing
[01:14:23.120 --> 01:14:29.280]  on everything that's what i'm saying if you make it more painful for him to try and foreclose
[01:14:30.240 --> 01:14:37.280]  because of all the fraud that they have to do to foreclose you know what i'm looking at
[01:14:37.280 --> 01:14:44.880]  what i'm looking at is a way to sneak around that by there's a number of things you can do
[01:14:44.880 --> 01:14:52.080]  to rehabilitate a borrower you can buy all his credit card debt buy all his credit card debt
[01:14:52.080 --> 01:14:59.200]  and stick it in the note you take high interest short-term debt and turn it into low interest
[01:14:59.200 --> 01:15:05.440]  long-term debt freeing up his immediate income to get him back in the sweet spot there's a lot
[01:15:05.440 --> 01:15:11.600]  of things they could do to keep a lot of people out of foreclosure most of the time foreclosures
[01:15:11.600 --> 01:15:19.360]  because of a temporary setback one of the things that we're looking at is you take part of the
[01:15:19.360 --> 01:15:29.040]  equity and that you that you that you take part of the equity you receive when you buy a discount
[01:15:29.040 --> 01:15:38.000]  and you put that in a line of credit so the line of credit pays the mortgage and you pay the line
[01:15:38.000 --> 01:15:46.000]  of credit so that if your kid gets in an accident you have to run into the emergency room and spends
[01:15:46.000 --> 01:15:54.400]  a week or two in the hospital and you've got this temporary cash flow problem then the line
[01:15:54.400 --> 01:16:02.400]  the line of equity pays your mortgage and once you recover then you pay extra to bring it back up
[01:16:03.680 --> 01:16:10.000]  once you reach a certain level of equity then you default the contract but this gives you a
[01:16:10.000 --> 01:16:15.680]  large cushion there's a number of things we can do to to rehabilitate these notes that those
[01:16:15.680 --> 01:16:24.560]  you know servicers are not doing because only the servicer is benefiting by the foreclosure and
[01:16:25.600 --> 01:16:31.600]  now it's time we started taking those scoundrels to court and putting them in jail where they belong
[01:16:32.720 --> 01:16:39.280]  okay we're about to go to break and our call board is beginning to fill up do we have anything else
[01:16:39.280 --> 01:16:46.560]  leslie no i'll be going and i'll see you later i'll look forward to you being back next week
[01:16:46.560 --> 01:16:53.040]  with more good information thank you miss leslie this randy kelton wheel of our radio or calling
[01:16:53.040 --> 01:17:03.680]  number 512-646-1984 we'll be right back chances are you've heard of my magic mud but have you
[01:17:03.680 --> 01:17:08.320]  used it thousands of people are blown away by the clean and healthy feeling they experience after
[01:17:08.320 --> 01:17:13.520]  just one use here's what harland detrick owner of brave new books has to say about the product
[01:17:13.520 --> 01:17:17.600]  everybody this is harlan detrick owner of brave new books just want to tell everybody about my
[01:17:17.600 --> 01:17:22.480]  magic mud i use the product and it makes my teeth feel clean and healthy i think it makes them
[01:17:22.480 --> 01:17:26.880]  stronger i got lots of customers that come in and say the same thing you can pick yours up at brave
[01:17:26.880 --> 01:17:32.160]  new books if that wasn't enough dr griffin cole dds who's been featured on the alex jones show
[01:17:32.160 --> 01:17:37.200]  loves it too hi i'm dr griffin cole and i gotta tell you i really love this magic mud product
[01:17:37.200 --> 01:17:41.520]  because charcoal is so absorbent it's very effective at taking off all the sticky plaque
[01:17:41.520 --> 01:17:45.680]  and debris that gets stuck on our teeth every day i highly recommend my magic mud if you haven't
[01:17:45.680 --> 01:17:51.120]  yet experienced my magic mud it's never too late to brighten your smile and strengthen your teeth
[01:17:51.120 --> 01:17:56.800]  get your jar of my magic mud today at brave new book located at 1904 guadalupe street or order
[01:17:56.800 --> 01:18:04.400]  online today at my magic mud.com at capital coin and bullion our mission is to be your preferred
[01:18:04.400 --> 01:18:08.400]  shopping destination by delivering excellent customer service and outstanding value at an
[01:18:08.400 --> 01:18:12.960]  affordable price we provide a wide assortment of favorite products featuring a great selection
[01:18:12.960 --> 01:18:17.280]  of high quality coins and precious metals we cater to beginners in coin collecting as well
[01:18:17.280 --> 01:18:22.480]  as large transactions for investors we believe in educating our customers with resources from top
[01:18:22.480 --> 01:18:27.600]  accredited metals dealers and journalists if we don't have what you're looking for we can find it
[01:18:27.600 --> 01:18:32.800]  in addition we carry popular longevity products such as beyond tangy tangerine and pollenbergs
[01:18:32.800 --> 01:18:37.840]  we also offer one world way mountain house storable foods burkey water products ammunition
[01:18:37.840 --> 01:18:43.040]  at 10 percent above wholesale and more we broker metals ira accounts and we also accept bitcoins
[01:18:43.040 --> 01:18:50.800]  as payment call us at 512-646-6440 we're located at 7304 burnet road suite a about a half mile
[01:18:50.800 --> 01:18:55.600]  south of anderson we're open monday through friday 10 to 6 saturday 10 to 2 visit us at
[01:18:55.600 --> 01:19:03.440]  capital coin and bullion.com or call 512-646-6440
[01:19:26.240 --> 01:19:33.440]  me
[01:19:44.800 --> 01:19:50.320]  it's carrie we are back randy kelton rule law radio here on this friday the 8th of
[01:19:50.320 --> 01:19:57.760]  may i hate to say may we're almost halfway through the year already i'm struggling i
[01:19:57.760 --> 01:20:06.000]  want to say february okay the 8th of may 2015 and we're going to patrick in texas
[01:20:06.000 --> 01:20:19.680]  are you there patrick philip in texas okay my my deal says ja ja from new york
[01:20:20.640 --> 01:20:28.080]  but my producer told me that came up wrong he said it was patrick in texas
[01:20:28.080 --> 01:20:37.440]  all right close philip in texas how's it going randy i am who is this from texas philip philip
[01:20:37.440 --> 01:20:47.600]  okay yes sir does does your wife know that you're called ja ja on air no no she didn't tell me to
[01:20:47.600 --> 01:20:59.840]  tell you hello okay ja ja is uh she's a rapper out of new york and she has taken some big time
[01:20:59.840 --> 01:21:05.840]  lawyers on there and kicking their behinds so i don't we don't know why that came up there but
[01:21:06.480 --> 01:21:16.240]  we'll have fun at your expense with it all right well i was calling wondering uh you know i've been
[01:21:16.240 --> 01:21:25.120]  hearing about how you run the routine um on public officials mainly you always talk about
[01:21:25.120 --> 01:21:32.400]  whenever the the original offense is a public official so say oh if a public official does
[01:21:32.400 --> 01:21:37.120]  something wrong you'll bring criminal complaints to a judge judge refuses to take them you just
[01:21:37.120 --> 01:21:47.360]  run the whole routine um you know i was wondering can you do that uh for a lawyer so for example i
[01:21:47.360 --> 01:21:56.640]  have a criminal case uh criminal um complaints against a couple lawyers and um there's a judge
[01:21:56.640 --> 01:22:06.160]  in town that i wouldn't mind having a little fun with and and i was trying to look up the duties
[01:22:06.160 --> 01:22:13.120]  of a magistrate and i just couldn't find anything that's okay read go to the texas code criminal
[01:22:13.120 --> 01:22:22.240]  procedure article 210 to okay 209 10 11 209 says who are magistrates and it just names them all
[01:22:23.120 --> 01:22:30.320]  210 stipulates it is the duty of the magistrate to keep the peace in the county by all legal means
[01:22:30.320 --> 01:22:37.680]  blah blah blah 211 says that when a magistrate sits for the purpose of examining into a criminal
[01:22:37.680 --> 01:22:46.080]  accusation that is an examining trial examining trial chapter 16 a whole chapter on examine what's
[01:22:46.080 --> 01:22:53.360]  to be done in an examining trial and its commitment or release the title of the chapter's commitment
[01:22:53.360 --> 01:23:01.760]  or release of the accused so when the person's brought before a magistrate in order for the
[01:23:01.760 --> 01:23:07.680]  magistrate to make a determination of probable cause these are the things he must do they're in
[01:23:08.640 --> 01:23:19.440]  whole chapter chapter 16 then when he's finished with the hearing 16.17 requires him to issue an
[01:23:19.440 --> 01:23:26.400]  order stating whether he released the person in his liberty released him on bail or confined him to
[01:23:27.200 --> 01:23:38.160]  the jail okay now write down 17.30 this is one you can have great fun with
[01:23:38.160 --> 01:23:49.760]  i have yet to find a magistrate who knew it existed 17.30 it says that the magistrate shall
[01:23:49.760 --> 01:23:57.040]  seal all documents had in the hearing cause his name to be written across the okay i'm sorry
[01:23:57.040 --> 01:24:03.760]  back up a little bit shall seal all documents in the hearing including the witness's voluntary
[01:24:03.760 --> 01:24:12.320]  statement the criminal complaint and all other documents had in the hearing shall be sealed in
[01:24:12.320 --> 01:24:18.960]  an envelope writing his name across the seal of the envelope and forwarded to the clerk of the
[01:24:18.960 --> 01:24:28.400]  court of jurisdiction what i really like to do is go to the clerk of the court of jurisdiction
[01:24:28.400 --> 01:24:36.720]  of the court of jurisdiction and ask for the sealed on for a copy of the sealed envelope
[01:24:36.720 --> 01:24:42.720]  sent to them under 17.30 for a particular case
[01:24:46.960 --> 01:24:55.680]  get this confused look and then they say well we don't have that then how on earth did you issue
[01:24:55.680 --> 01:25:07.120]  a did you open a criminal file in your court without that document and i have no idea what
[01:25:07.120 --> 01:25:14.960]  to talk about and you talk about great fun you get to see them running around like chickens with
[01:25:14.960 --> 01:25:20.080]  their heads cut off and then you get some coming over doing this little chicken dance you get to
[01:25:20.080 --> 01:25:29.440]  see the whole thing so you go to a magistrate and you try to give him the complaint
[01:25:31.120 --> 01:25:36.800]  and they're going to duck and dodge and the you know you're saying you that you've got
[01:25:36.800 --> 01:25:44.720]  lawyers you wanted to file complaints on you can file complaints on anybody i file criminal
[01:25:44.720 --> 01:25:50.560]  file criminal complaints against the chief justice of the supreme oh that's great fun
[01:25:51.840 --> 01:26:01.440]  i filed with a district judge in travis county bob perkins and to bob perkins credit he was
[01:26:02.320 --> 01:26:12.080]  genuinely a really nice guy i kind of pressed the edge of the envelope with him but i went to him
[01:26:12.080 --> 01:26:17.920]  and kind of did my bushwhack routine in his courtroom where you go up to the bailiff and
[01:26:17.920 --> 01:26:21.440]  tell the bailiff that your name first you don't want them to ask you any questions
[01:26:22.240 --> 01:26:25.760]  so my name is randall kelton instruct the judge that i have business with the court
[01:26:26.560 --> 01:26:34.320]  keep in mind you are the master they are the servants you don't go in there asking them to
[01:26:34.320 --> 01:26:42.960]  do things for you you go in there instruct them as to what they will do they hate that
[01:26:44.160 --> 01:26:49.600]  the first thing they do is wonder who is this guy always wear a suit and tie
[01:26:51.760 --> 01:26:54.480]  main thing you don't do is explain yourself
[01:26:56.640 --> 01:27:02.800]  you tell him my name is randall kelton or philip whatever and i have instructed judge that i have
[01:27:02.800 --> 01:27:08.800]  business with court and generally the bailiff will say may i tell him the nature of the business
[01:27:10.400 --> 01:27:19.440]  and you either say yes you can give him this or depending on the court and how you want to handle
[01:27:19.440 --> 01:27:26.240]  it what kind of fun you want to have you can tell him no you may not i have business with the court
[01:27:26.240 --> 01:27:36.960]  and it's none of yours you're dismissed oh they really really hate that but but from a structural
[01:27:37.600 --> 01:27:46.560]  level what it does is make them wonder who the heck is this guy what does he know that i don't
[01:27:46.560 --> 01:27:55.920]  know and then if the bailiff gets does anything other than go tell the judge if he says anything
[01:27:55.920 --> 01:28:02.560]  else you tell him he's dismissed if he then gets aggressive and that they sometimes do i had that
[01:28:02.560 --> 01:28:09.760]  happen in fort worth my i have an ignorant brother-in-law who used to get in jail a lot
[01:28:10.480 --> 01:28:16.400]  and this was one of those occasions and i was down there to bail him out and got tired of standing
[01:28:16.400 --> 01:28:21.200]  in the hall they had some these cattle call hearings going on so i just went set in the courtroom
[01:28:22.240 --> 01:28:26.880]  and the bailiff come over and said can i help you and i looked up and said no
[01:28:29.360 --> 01:28:33.360]  he said do you have a case in this court i said beat it
[01:28:35.760 --> 01:28:41.840]  he got real excited his ball and his head turned red i want to know who you are and i stood up in
[01:28:41.840 --> 01:28:48.000]  the courtroom your honor and the judge he was having a hearing and he startled he looked up
[01:28:48.000 --> 01:28:52.560]  and he said is there a problem i said your honor can you pull your bulldog off of me
[01:28:54.160 --> 01:29:00.640]  and the judge is confused what's going on here and the bailiff said this man won't tell me
[01:29:00.640 --> 01:29:10.000]  his name or what his business is he said sir do you mind if i ask what your business here is today
[01:29:10.000 --> 01:29:17.360]  he said no i don't mind well then what's your business here today i said entertainment
[01:29:18.960 --> 01:29:25.920]  he said entertainment said yes your honor i'm here for entertainment oh uh bailiff leave him alone
[01:29:29.520 --> 01:29:36.880]  he knew see you're being the master you don't get upset you don't explain yourself
[01:29:36.880 --> 01:29:42.400]  you tell them what you want them to do when they don't do it you know okay that'll work
[01:29:43.760 --> 01:29:49.840]  they figure out real fast you're setting them up and that's exactly what we want them to think
[01:29:51.840 --> 01:29:55.440]  is we're setting them up that i've gotten to work when i go into
[01:29:56.000 --> 01:29:58.800]  courts and dials full worth their hand
[01:29:58.800 --> 01:30:09.200]  information moms have a way of making everything better a hug a kiss on the cheek a special meal
[01:30:09.200 --> 01:30:14.240]  but even when she's far away mom can still work her magic i'm dr canthran albrecht and i'll be
[01:30:14.240 --> 01:30:20.400]  back in just a moment to tell you how your search engine is watching you recording all your searches
[01:30:20.400 --> 01:30:25.920]  and creating a massive database of your personal information that's creepy but it doesn't have to
[01:30:25.920 --> 01:30:31.200]  be that way startpage.com is the world's most private search engine startpage doesn't store
[01:30:31.200 --> 01:30:35.840]  your ip address make a record of your searches or use tracking cookies and they're third party
[01:30:35.840 --> 01:30:41.520]  certified if you don't like big brother spying on you start over with startpage great search
[01:30:41.520 --> 01:30:47.040]  results and total privacy startpage.com the world's most private search engine when you're
[01:30:47.040 --> 01:30:51.360]  having a bad day there's nothing better than a hug from mom but what if she's thousands of
[01:30:51.360 --> 01:30:56.720]  miles away don't worry she can still turn a frown into a smile with just the sound of her voice
[01:30:56.720 --> 01:31:01.280]  researchers stressed out young girls with math exams and public speaking assignments
[01:31:01.280 --> 01:31:06.160]  as expected their level of cortisol the stress hormone shot through the roof then their moms
[01:31:06.160 --> 01:31:11.680]  consoled the girls with either a personal hug or a phone chat amazingly the phone worked just as
[01:31:11.680 --> 01:31:18.160]  well mom's voice alone was enough to flood the girls with oxytocin the feel-good comfort hormone
[01:31:18.160 --> 01:31:23.440]  i'm dr katherine albrecht and i think i'll give my mom a call more news and information at katherine
[01:31:23.440 --> 01:31:35.520]  albrecht.com this is building seven a 47 story skyscraper that fell on the afternoon of september
[01:31:35.520 --> 01:31:41.360]  11 the government says that fire brought it down however 1500 architects and engineers concluded
[01:31:41.360 --> 01:31:45.680]  it was a controlled demolition over 6000 my fellow service members have given their lives
[01:31:45.680 --> 01:31:50.480]  and thousands of my fellow first responders are dying i'm not a conspiracy theorist i'm a structural
[01:31:50.480 --> 01:31:54.800]  engineer i'm a new york city correction office i'm an air force pilot i'm a father who lost his son
[01:31:54.800 --> 01:32:01.360]  we're americans and we deserve the truth go to rememberbuildingseven.org today hey it's danny
[01:32:01.360 --> 01:32:05.360]  here for hill country home improvements did your home receive hail or wind damage from the recent
[01:32:05.360 --> 01:32:09.760]  storms come on we all know the government caused it with their kim trails but good luck getting
[01:32:09.760 --> 01:32:14.160]  them to pay for it okay i might be kidding about the kim trails but i'm serious about your roof
[01:32:14.160 --> 01:32:18.400]  that's why you have insurance and hill country home improvements can handle the claim for you
[01:32:18.400 --> 01:32:23.840]  with little to no out-of-pocket expense and we accept bitcoin as a multi-year a-plus member of
[01:32:23.840 --> 01:32:28.480]  the better business bureau with zero complaints you can trust hill country home improvements to
[01:32:28.480 --> 01:32:36.800]  handle your claim and your roof right the first time just call 512-992-8745 or go to hill country
[01:32:36.800 --> 01:32:41.360]  home improvements.com mention the crypto show and get a hundred dollars off and we'll donate another
[01:32:41.360 --> 01:32:46.400]  hundred dollars to the logos radio network to help continue this programming so if those out of town
[01:32:46.400 --> 01:32:56.240]  roofers come knocking your door should be locking that's 512-992-8745 or hillcountryhomeimprovements.com
[01:32:56.240 --> 01:33:00.560]  discounts are based on full roof replacement may not actually be kidding about kim trails
[01:33:00.560 --> 01:33:09.840]  looking for some truth you found it logosradionetwork.com
[01:33:30.800 --> 01:33:39.680]  okay we are back randy kelton roof our radio and we're talking to philip in texas
[01:33:41.600 --> 01:33:49.920]  the most important part about this is the posture what you do that'll be determined by what the
[01:33:49.920 --> 01:33:59.520]  case is but your posture is the most important thing once you get a feel for the fact that you're
[01:33:59.520 --> 01:34:04.880]  the master they're the servants and you know if you ever work for a large corporation and
[01:34:05.440 --> 01:34:10.560]  you're down here at the bottom doing what you do and somebody comes along and asks you to do
[01:34:10.560 --> 01:34:16.240]  something or tells you to do something and you don't get things right and then you get your boss
[01:34:16.240 --> 01:34:20.720]  coming down to you chewing you up one side and down the other because the president come down
[01:34:20.720 --> 01:34:25.040]  here and ask you to do something you screwed it up now i'm in trouble my boss is in trouble
[01:34:25.040 --> 01:34:31.680]  everybody's in trouble you'll understand how this works because the guy high up doesn't
[01:34:31.680 --> 01:34:38.800]  chew out the guys on the bottom he chews out the guy below him who chews out the guy below him
[01:34:38.800 --> 01:34:43.440]  who chews out the guy below him and each butt chewing gets worse than the one before
[01:34:44.320 --> 01:34:52.080]  so this is what we want to create and the best way to do it is simply ask them to do what they're
[01:34:52.080 --> 01:34:59.840]  required to do and then when they don't do it just okay we go to the next one
[01:35:01.600 --> 01:35:08.560]  randy go ahead and so and to that uh that's what i was wondering what exactly are they
[01:35:09.200 --> 01:35:17.360]  required to do so i have a verified criminal complaint when you present a magistrate with a
[01:35:17.360 --> 01:35:24.560]  verified criminal complaint that invokes his duty as a magistrate to hold an examining trial
[01:35:26.000 --> 01:35:36.320]  bob perkins the head criminal district judge for denton for travis county went up to the bailiff
[01:35:36.320 --> 01:35:40.800]  called him over you want to do this when they're having a motion hearings because there's lots of
[01:35:40.800 --> 01:35:48.560]  breaks call the bailiff over i pointed at him you come here i hate that said my name is randall
[01:35:48.560 --> 01:35:53.200]  kelton the instructor judge that i have business with court he said may i tell judge nature the
[01:35:53.200 --> 01:35:57.680]  business no you may not i have business with the court it's none of yours you're dismissed i go sit
[01:35:57.680 --> 01:36:03.920]  down so he goes up and jibber jabber jibber to the judge judge jibber jabber jibber back and he looks
[01:36:03.920 --> 01:36:09.440]  out at me and i'm sitting here holding this folder red folder and the judge can't help himself he's
[01:36:09.440 --> 01:36:14.400]  just got to know what's in it he finishes the motions here hearings and he says well mr kelton
[01:36:14.400 --> 01:36:20.720]  i understand your business with court is sure i do and i hold up the folder and say may i approach
[01:36:21.840 --> 01:36:27.760]  in legalese that means may i give you these documents most of the time they'll send the
[01:36:27.760 --> 01:36:33.520]  bailiff over to retrieve them but in this case he was having the hearings right up at his bench so
[01:36:33.520 --> 01:36:42.400]  he said well come on up i came up i put this on his desk and he opened it up looked in i said desk
[01:36:42.400 --> 01:36:48.880]  sure said bench he looked in it and there were criminal complaints against the district clerk
[01:36:49.840 --> 01:36:55.840]  i'm sorry against the district attorney for shielding criminal complaints against all the
[01:36:55.840 --> 01:37:02.160]  highest judges in texas from the grand jury he looked at that and i know he saw his
[01:37:02.160 --> 01:37:08.800]  career pass before his eyes because i'm trying to get him to hold an examining trial on criminal
[01:37:08.800 --> 01:37:15.520]  complaints for every one of the 15 judges of the court of criminal appeals as you might guess he
[01:37:15.520 --> 01:37:20.800]  did not want to he said well mr kelton these are criminal complaints said yes your honor as a matter
[01:37:20.800 --> 01:37:27.040]  of fact they are he said well mr kelton uh i'm a district judge and district judges in travis
[01:37:27.040 --> 01:37:33.360]  in travis county don't take criminal complaints i said that's okay your honor i'm not here to
[01:37:33.360 --> 01:37:40.240]  invoke your duty as a district judge i'm here to invoke your duty as i magistrate and that's a duty
[01:37:40.240 --> 01:37:47.120]  from which you may not shield yourself and he sat back in the seat and looked at me and i know he
[01:37:47.120 --> 01:37:52.560]  was thinking if i have my bailiff shoot this guy can i get away with it
[01:37:52.560 --> 01:38:04.080]  but that's what you're there to do invoke his duty as a magistrate every judge wears two hats
[01:38:05.600 --> 01:38:13.120]  he wears a judge's hat until he has had it made known to him that a crime has been committed
[01:38:14.240 --> 01:38:21.360]  and that someone has committed the crime then he takes off his judge's hat and he puts on his
[01:38:21.360 --> 01:38:34.080]  magistrate's hat uh steve steve steve skidmore was went to a district judge judge phillips there in
[01:38:34.080 --> 01:38:43.120]  in travis county and asked the judge to take some criminal complaints and he said well
[01:38:43.120 --> 01:38:52.960]  well mr skidmore he said uh that he need to take those to a justice of the peace and he said well
[01:38:52.960 --> 01:38:59.840]  your honor i understand you wear two hats judge said well what do you mean well you wear a judge's
[01:38:59.840 --> 01:39:07.840]  hat and you wear a magistrate's hat and the judge said well mr skidmore yes as a matter of fact we
[01:39:07.840 --> 01:39:17.440]  do they all know that they they just want to pretend like they don't and we don't care
[01:39:19.120 --> 01:39:26.000]  because all we're trying to do is get them to touch our little dar baby so you go to a
[01:39:27.600 --> 01:39:37.200]  a magistrate at any judge's court summon the bailiff tell the bailiff your name always you
[01:39:37.200 --> 01:39:41.200]  have business in the court he says may i tell him the nature of the business yes you may give him
[01:39:41.200 --> 01:39:49.280]  these that's the safest easiest ways to do it once you have put those complaints in the hand of that
[01:39:49.280 --> 01:39:56.000]  bailiff your job's essentially done you go sit down you don't need to give him any explanation
[01:39:57.040 --> 01:40:01.840]  if he asks for an explanation well it's all in the documentation judge can read it himself
[01:40:01.840 --> 01:40:11.120]  and the bailiff has no business with you he's there to maintain uh security in the courtroom
[01:40:11.120 --> 01:40:19.600]  keep the peace he has no business interfering with what's with what's being adjudicated so
[01:40:20.160 --> 01:40:29.760]  if he tries to ask you questions no questions the worst thing i did in a court to to some prosecutors
[01:40:29.760 --> 01:40:37.360]  was tell them no questions they had no idea what to do this was in williamson county
[01:40:39.680 --> 01:40:46.480]  i just went in and sat down and they come over this prosecutor come over and said sir uh do you
[01:40:46.480 --> 01:40:53.600]  have a case here today oh no no no nothing like that now i was writing i went back to writing
[01:40:53.600 --> 01:40:58.960]  do you have a civil case in this court i look up oh no no nothing like that i go back to writing
[01:40:58.960 --> 01:41:03.920]  he stood there a minute and then he said sir sir and i looked up at him held up both hands with my
[01:41:03.920 --> 01:41:11.920]  palms out and said no more questions turn went back to writing these guys went wacko
[01:41:13.280 --> 01:41:18.960]  wondering who this guy was because they're not used to somebody not answering their questions
[01:41:20.560 --> 01:41:24.560]  right but you're the man you're the master you're not there to answer their questions
[01:41:24.560 --> 01:41:31.520]  you're there to invoke their doom would they either do it or not so what is what would what would they
[01:41:32.240 --> 01:41:36.400]  what would they do if they actually did it correctly i mean obviously the lawyers are not
[01:41:36.400 --> 01:41:43.040]  there present so i mean when you say examining trial obviously it's not with the the lawyers
[01:41:43.040 --> 01:41:47.440]  present anything else are they still supposed to yeah there can be okay decide whether or not
[01:41:47.440 --> 01:41:57.840]  okay this is how it normally works every time there is a warrant the warrant is issued at an
[01:41:57.840 --> 01:42:06.400]  examining trial that's why they all know what it is a policeman goes to the magistrate and
[01:42:07.520 --> 01:42:16.240]  makes a case for a crime having been committed and a certain person committed this crime
[01:42:16.240 --> 01:42:23.600]  and he does that with a criminal complaint and a statement of facts in that criminal affidavit
[01:42:24.160 --> 01:42:32.640]  they can be combined into one document the judge will then hold an ex parte examining trial
[01:42:34.080 --> 01:42:39.840]  the other person's not the accused is not there so the judge will issue a warrant if you
[01:42:39.840 --> 01:42:49.760]  read a warrant what it says is arrest this person and bring him before me
[01:42:51.920 --> 01:43:03.040]  and the reason it says that is is he held an ex parte examining trial once the person's arrested
[01:43:03.040 --> 01:43:10.400]  now he has to hold a proper examining trial under chapter 16 with the accused present
[01:43:11.600 --> 01:43:18.880]  if the accused is has been arrested without a warrant then they have the full-blown examining
[01:43:18.880 --> 01:43:24.080]  trial first thing you that happens is you get to issue a statement or they never do that
[01:43:25.760 --> 01:43:30.880]  that's what's supposed to happen and then they follow the steps to issue an order
[01:43:30.880 --> 01:43:38.960]  and hang on we'll be right back randy kelton we will radio our calling number 512-646-1984
[01:43:39.600 --> 01:43:44.960]  marshall robin i see you there we will get to everybody if you have a question or comment
[01:43:44.960 --> 01:43:50.880]  give us a call we're approaching the third hour and that's when the calls begin to build up so
[01:43:50.880 --> 01:43:56.240]  if you have a call or question i mean question or comment give us a call we'll be right back
[01:43:56.240 --> 01:44:00.240]  okay
[01:44:00.240 --> 01:44:05.120]  you feel tired when talking about important topics like money and politics are you confused
[01:44:05.120 --> 01:44:09.840]  by words like the constitution or the federal reserve what if so you may be diagnosed with the
[01:44:09.840 --> 01:44:15.760]  deadliest disease known today stupidity hi my name is steve holt and like millions of other
[01:44:15.760 --> 01:44:21.360]  americans i was diagnosed with stupidity at an early age i had no idea that the number one cause
[01:44:21.360 --> 01:44:26.640]  of the disease is found in almost every home in america the television unfortunately that puts
[01:44:26.640 --> 01:44:31.680]  most americans at risk of catching stupidity but there is hope the staff at brave new books
[01:44:31.680 --> 01:44:36.480]  have helped me and thousands of other foxaholics suffering from sports zombieism recover and
[01:44:36.480 --> 01:44:41.120]  because of brave new books i now enjoy reading and watching educational documentaries without
[01:44:41.120 --> 01:44:46.960]  feeling tired or uninterested so if you or anybody you know suffers from stupidity then you need to
[01:44:46.960 --> 01:44:55.520]  call 512-480-2503 or visit them at 1904 guadalupe or brave new bookstore.com side effects from using
[01:44:55.520 --> 01:44:59.120]  brave new books products may include discernment and enlarged vocabulary and an overall increase
[01:44:59.120 --> 01:45:05.520]  in mental functioning are you the plaintiff or defendant in a lawsuit win your case without an
[01:45:05.520 --> 01:45:12.080]  attorney with jurisdictionary the affordable easy to understand four cd course that will show you
[01:45:12.080 --> 01:45:19.920]  how in 24 hours step by step if you have a lawyer know what your lawyer should be doing if you don't
[01:45:19.920 --> 01:45:26.240]  have a lawyer know what you should do for yourself thousands have won with our step by step course
[01:45:26.240 --> 01:45:33.360]  and now you can too jurisdictionary was created by a licensed attorney with 22 years of case winning
[01:45:33.360 --> 01:45:39.360]  experience even if you're not in a lawsuit you can learn what everyone should understand about
[01:45:39.360 --> 01:45:45.680]  the principles and practices that control our american courts you'll receive our audio classroom
[01:45:45.680 --> 01:45:53.200]  video seminar tutorials forms for civil cases pro se tactics and much more please visit
[01:45:53.200 --> 01:46:10.000]  ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ
[01:46:10.000 --> 01:46:27.680]  okay we are back randy kelton rule of law radio and we're talking to philip in texas
[01:46:28.320 --> 01:46:36.000]  and if i seem to to run on there this this is my favorite subject
[01:46:36.000 --> 01:46:45.520]  and over the years i've i've come to realize something and i struggle to take that
[01:46:46.320 --> 01:46:57.280]  realization and frame it into a set of words that will crystallize this understanding in someone else
[01:46:58.560 --> 01:47:02.240]  and it's a struggle to know what to tell and what not to tell them
[01:47:02.240 --> 01:47:09.600]  so sometimes i i talk a little too much uh i what kind of complaints do you have against these lawyers
[01:47:09.600 --> 01:47:16.000]  uh i don't know if you remember this is about a month or two that call and these were the lawyers that
[01:47:18.560 --> 01:47:24.880]  um they used alternate service to uh serve my wife with a criminal complaint
[01:47:24.880 --> 01:47:32.720]  my wife with a um criminal complaint i mean not that's not a criminal with a um a debt collection
[01:47:32.720 --> 01:47:40.080]  case and uh although they had actually applied for alternate service and the order was denied
[01:47:41.760 --> 01:47:47.600]  by the judge oh when they did the alternate service yeah i remember this yeah so i've got
[01:47:47.600 --> 01:47:53.040]  the criminal complaints mostly written up uh for them there's multiple ones uh for the two lawyers
[01:47:53.040 --> 01:47:59.840]  involved okay what are the nature of the complaints i don't have them in front of me um
[01:48:01.280 --> 01:48:04.240]  tampering with the government document i know it's one of them i can put the
[01:48:05.040 --> 01:48:11.600]  exact number for it um one hand draw one up for conspiracy thing yeah okay okay they filed
[01:48:11.600 --> 01:48:22.000]  something with the court stating that they had attempted to serve you for your wife they they
[01:48:22.000 --> 01:48:36.640]  filed a um uh i mean i you know honestly i didn't look into uh yeah they they filed for a um a motion
[01:48:36.640 --> 01:48:41.280]  for alternate service i guess that's what you call it they said the different times they knocked on
[01:48:41.280 --> 01:48:47.120]  the door and things like that they never sent a um certified letter nor did they even claim to have
[01:48:47.120 --> 01:48:54.640]  um and for whatever reason judge didn't give any explanation he just denied uh the uh the motion
[01:48:55.920 --> 01:49:04.640]  and uh but despite the fact he denied it they still uh used alternate service to post the uh
[01:49:04.640 --> 01:49:17.520]  the uh the uh the case on um on our door um so wait a minute hold on uh
[01:49:19.120 --> 01:49:26.000]  pasting the notice on the door is not alternative service no no sorry not not the not the notice the
[01:49:26.000 --> 01:49:35.520]  actual summons yeah that actually served us the whole case you know but they put in there and
[01:49:35.520 --> 01:49:45.360]  they even put in they even attached a copy of the order for alternate service what's the no no i'm
[01:49:45.360 --> 01:49:52.160]  so what i'm saying is did they take this to your door yes that's not alternative service
[01:49:52.160 --> 01:50:00.800]  alternative service is is serving you by publication in a newspaper okay um they can serve by taping it
[01:50:00.800 --> 01:50:11.040]  to the door okay but they have to be sure that you actually lived there if they tape it to the
[01:50:11.040 --> 01:50:17.360]  wrong door then they have a problem but if they take it to the right door they can do that
[01:50:17.360 --> 01:50:27.040]  that's within the rules okay so but why did they put a motion in to allow them to do that
[01:50:27.040 --> 01:50:34.400]  that the judge denied well because they couldn't if they they're claiming they couldn't get a hold of
[01:50:34.400 --> 01:50:43.200]  you then uh they can use alternative service if they've followed all of these steps since you
[01:50:43.200 --> 01:50:50.240]  regular mail since you certified mail tried to locate you personally so they could personally
[01:50:50.240 --> 01:50:57.680]  give it to you they have to certify that they did all these things and could not get you served so
[01:50:57.680 --> 01:51:07.760]  they what okay let me back up i haven't read it in a long time and it may have changed so
[01:51:07.760 --> 01:51:16.000]  so you need to read service again because it may be that taping it to your door is alternative
[01:51:16.000 --> 01:51:19.360]  service because normally the service has to be put in your hand
[01:51:22.560 --> 01:51:27.360]  it's too important not to that's that's why they have to serve you
[01:51:28.880 --> 01:51:36.640]  and taping it to your door in thinking about it that may actually come under alternative service
[01:51:36.640 --> 01:51:41.920]  because you're putting it on the door you're not sure if the person actually lives there or not
[01:51:42.800 --> 01:51:46.080]  i mean you might know that they used to live there but you don't know if they still do
[01:51:47.200 --> 01:51:51.440]  you don't know if they'll ever come they ever come here at all so
[01:51:54.480 --> 01:51:58.880]  you might check the statute on what they have to what proper service amounts to
[01:52:00.480 --> 01:52:04.000]  but well go ahead i'm sorry i may have misdirected you and i hope not
[01:52:04.000 --> 01:52:12.080]  no so i just ran downstairs and actually grabbed the uh what they what they put on the door
[01:52:13.280 --> 01:52:19.200]  and it is a order for substitute service not alternate service i don't know if that matters
[01:52:19.200 --> 01:52:29.760]  at all and then the actual um wait a minute you said order for substitute service
[01:52:29.760 --> 01:52:36.080]  is yeah so they so i'm reading the document says order for substitute service
[01:52:36.960 --> 01:52:44.400]  and then it kind of goes on um that they had filled out for the judge to sign and then
[01:52:45.520 --> 01:52:51.440]  they put the whole uh the whole case you know you have been sued blah blah blah
[01:52:51.440 --> 01:53:01.840]  blah and okay so the document they gave me uh has a place for the judge's signature but it
[01:53:01.840 --> 01:53:08.080]  is actually unsigned i went and pulled the court record and there is one in the court record
[01:53:08.640 --> 01:53:16.320]  along with a motion uh to uh for substitute service and um is marked very clearly as being
[01:53:16.320 --> 01:53:27.680]  denied okay are you familiar with santiago v mackey i am that's exactly santiago v mackey
[01:53:28.640 --> 01:53:34.480]  and that's to where i went with this i didn't i'm not quabbling over service okay okay hold on let
[01:53:34.480 --> 01:53:42.320]  me for everybody who doesn't know what that is we mentioned it with uh leslie earlier uh guy mackey
[01:53:42.320 --> 01:53:51.360]  is a foreclosure mill the guy asked to see the original note under three dash 501 ucc mackey
[01:53:51.360 --> 01:53:59.120]  says come on down i'll show it to you he gets down there mackey shows him a photocopy they leave they
[01:53:59.120 --> 01:54:05.600]  sue mackey for presenting a fraudulent document this is dead on mackey the lawyer presented you
[01:54:05.600 --> 01:54:13.200]  with a fraudulent document and unsigned order okay and go ahead i didn't mean to interrupt and
[01:54:13.200 --> 01:54:20.720]  furthermore there's two lawyers involved so i wrote one up for the lawyer whose name is on
[01:54:21.600 --> 01:54:28.240]  the suit and also for the one who um filled out for the order for substitute service so
[01:54:28.240 --> 01:54:36.400]  i'm having every complaint i'm doing i'm doubling it plus a complaint for um conspiracy did you
[01:54:36.400 --> 01:54:42.880]  bar grieve them yes i haven't got a response back just got that in the middle of a few days ago
[01:54:43.520 --> 01:54:51.360]  this one may get you know there's a chance you'll get one on this because they tried to hoodwink a
[01:54:51.360 --> 01:55:00.240]  judge exactly they're not likely to be happy about that if the if a lawyer just screws you
[01:55:00.240 --> 01:55:06.240]  they don't care right but when they start messing with the court the courts get real unhappy
[01:55:06.800 --> 01:55:14.880]  and did you file a motion with the court to for sanctions not yet i was thinking about getting
[01:55:14.880 --> 01:55:24.160]  the criminal charges in first okay sanctions terrify attorneys i had an attorney tell me once
[01:55:24.800 --> 01:55:31.040]  and i hate when they ask for sanctions because if the judge is not feeling good today he's just in
[01:55:31.040 --> 01:55:37.120]  a bad mood he can sanction me any way that he wants to as much as he wants to there's no limit
[01:55:37.120 --> 01:55:46.480]  on sanctions so they're terrified of sanctions so you you probably won't get sanctions but you
[01:55:46.480 --> 01:55:57.040]  could fight it just for yucks so so yeah uh long story short i plan on filing these criminal
[01:55:57.040 --> 01:56:09.200]  complaints and with the judge that i'm assuming is going to try and not do what he should do
[01:56:09.200 --> 01:56:13.120]  whenever he receives the criminal complaints that's what i was calling to find out a little bit more
[01:56:13.120 --> 01:56:21.040]  about and i'm probably not going to have some like all i'll just let him not do his job let me make
[01:56:21.040 --> 01:56:30.800]  a suggestion attach the criminal complaints to a motion to dismiss and a motion of a request for
[01:56:30.800 --> 01:56:41.200]  sanctions and you attach the verified criminal affidavits in support of your accusation
[01:56:43.680 --> 01:56:49.760]  that gives the judge notice that a crime's been committed and it gives him notice by credible
[01:56:49.760 --> 01:56:54.720]  person i take it you're above the age 18 and never been convicted of a felony
[01:56:57.600 --> 01:57:04.880]  if that's the case you are a credible person by legal definition and he's had it made known to him
[01:57:04.880 --> 01:57:09.120]  by a credible person that a crime's been committed that invokes his duty as a magistrate
[01:57:09.680 --> 01:57:17.120]  now you don't have to tell him that it invokes his duty as a magistrate exactly if he denies
[01:57:17.120 --> 01:57:26.880]  your motion without a hearing that is so good for bushwack because he'll never see it coming
[01:57:27.440 --> 01:57:34.880]  if he has a hearing with oral argument then you have to bring up the fact that the
[01:57:35.760 --> 01:57:44.640]  complaints are in there and under due diligence you would it would be reasonable that you ask
[01:57:44.640 --> 01:57:51.600]  him to set a date for an examining trial and that'll probably cause him to break the lid off his
[01:57:51.600 --> 01:58:00.720]  pencil and then he'll probably probably refuse to do so giving you sage advice as to where you
[01:58:00.720 --> 01:58:08.480]  should take these complaints and you thank him kindly for his sage advice and then you will
[01:58:08.480 --> 01:58:16.480]  file criminal charges against him so you just suggested two things either doing it orally or
[01:58:17.040 --> 01:58:24.240]  by mailing it in what's what's the preferred way oh it it's preferred if he just dismisses
[01:58:24.960 --> 01:58:32.800]  dismisses out of hand without oral argument okay then you just you come back with criminal
[01:58:32.800 --> 01:58:40.400]  charges against him he is not going to see that coming hey i guess after we get back from the
[01:58:40.400 --> 01:58:47.520]  break is is there a how do i know if he's actually done an examining trial okay hang on we'll be right
[01:58:47.520 --> 01:58:56.000]  back the bible remains the most popular book in the world yet countless readers are frustrated
[01:58:56.000 --> 01:59:02.000]  because they struggle to understand it some new translations try to help by simplifying the text
[01:59:02.000 --> 01:59:08.480]  but in the process can compromise the profound meaning of the scripture enter the recovery
[01:59:08.480 --> 01:59:14.960]  version first this new translation is extremely faithful and accurate but the real story is the
[01:59:14.960 --> 01:59:22.560]  more than 9 000 explanatory footnotes difficult and profound passages are opened up in a marvelous way
[01:59:22.560 --> 01:59:27.520]  providing an entrance into the riches of the word beyond which you've ever experienced before
[01:59:27.520 --> 01:59:32.800]  bibles for america would like to give you a free recovery version simply for the asking
[01:59:33.440 --> 01:59:40.000]  this comprehensive yet compact study bible is yours just by calling us toll free at one eight
[01:59:40.000 --> 01:59:47.840]  eight eight five five one zero one zero two or by ordering online at free study bible dot com
[01:59:47.840 --> 01:59:55.520]  that's free study bible dot com you are listening to the logos radio network logos radio network
[01:59:55.520 --> 01:59:59.920]  dot com