ROL_2015-05-08_16k_Hr3-4.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 --> 00:13.080]  bulletins for the commodities market.
[00:13.080 --> 00:25.760]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:25.760 --> 00:33.360]  Let's open up today with gold at $1,188.52 an ounce, silver $16.47 an ounce, Texas crude
[00:33.360 --> 00:45.280]  $58.94 a barrel, and Bitcoin is currently sitting at 245 U.S. currency.
[00:45.280 --> 00:51.000]  Today in history, Monday 8th, 1967, boxing champion Muhammad Ali is indicted for refusing
[00:51.000 --> 00:55.640]  induction into the U.S. Army's war effort in Vietnam just several days before on April
[00:55.640 --> 00:56.640]  28th.
[00:56.640 --> 01:01.440]  Ali, a Muslim, cited religious reasons for his decision to forego military service, stating,
[01:01.440 --> 01:04.400]  quote, I ain't got no quarrel with those Viet Cong.
[01:04.400 --> 01:15.080]  He was immediately stripped of his heavyweight title.
[01:15.080 --> 01:20.600]  In recent news, rescuers of the Nepal earthquake are using a suitcase-sized device that detects
[01:20.600 --> 01:24.360]  human breathing and heartbeats with microwave radar signals.
[01:24.360 --> 01:29.600]  The prototype device, known as Finder, finding individuals for disaster and emergency response,
[01:29.600 --> 01:33.780]  has been helping search and rescue teams detect the heartbeats of survivors under as much
[01:33.780 --> 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 --> 02:19.960]  You might actually learn something new.
[02:19.960 --> 02:23.640]  According to a study published on Monday, and the proceedings of the National Academy
[02:23.640 --> 02:27.800]  of Sciences, highlights potential risks to underground drinking water from the drilling
[02:27.800 --> 02:30.800]  technique known as hydraulic fracturing, or fracking.
[02:30.800 --> 02:35.640]  The analysis of drinking water sampled from three homes in Bradford County, Pennsylvania
[02:35.640 --> 02:41.320]  revealed traces of a compound commonly found in the Marcellus shale drilling fluid.
[02:41.320 --> 02:44.960]  The Lone Star Lowdown is currently looking for sponsors.
[02:44.960 --> 02:48.920]  If you have a product or service that you'd like to advertise in the Lowdown, feel free
[02:48.920 --> 02:51.920]  to give us a call at 210-863-5617.
[02:51.920 --> 03:12.320]  This has been your Lowdown for May 8, 2015.
[03:12.320 --> 03:22.680]  Okay.
[03:22.680 --> 03:23.680]  We are back.
[03:23.680 --> 03:29.920]  Randy Kelton, Blue's Law Radio, and we're talking to Phillip in Texas.
[03:29.920 --> 03:35.840]  When we went out, you asked, how do you know if the magistrate held an examining trial?
[03:35.840 --> 03:41.200]  How do I know if they've done what they are supposed to do?
[03:41.200 --> 03:48.400]  You go to, if the complaint alleged a misdemeanor, you go to the county clerk.
[03:48.400 --> 03:53.960]  If it alleged a felony, you go to the district clerk.
[03:53.960 --> 04:03.080]  And you asked the clerk to see the criminal complaint against whatever the person's name
[04:03.080 --> 04:06.000]  was.
[04:06.000 --> 04:13.280]  And they'll go back and they'll look around and they almost certainly won't find one.
[04:13.280 --> 04:19.840]  If they don't find a, you explain to the, you want to see the document, I'm sorry, let
[04:19.840 --> 04:21.580]  me say this right.
[04:21.580 --> 04:30.160]  You want to see the documentation sent to this court by whatever the magistrate's name
[04:30.160 --> 04:36.440]  was under 17.30 code of criminal procedure.
[04:36.440 --> 04:41.560]  And they'll say, huh, I don't know what you're talking about.
[04:41.560 --> 04:44.480]  Go read the code.
[04:44.480 --> 04:46.560]  You're not their lawyer.
[04:46.560 --> 04:49.560]  Read the code.
[04:49.560 --> 04:54.280]  And they'll come back and tell you that they don't have it.
[04:54.280 --> 04:59.280]  That means there was no examining trial held.
[04:59.280 --> 05:05.840]  That's your way of statutorily documenting that no examining trial was held.
[05:05.840 --> 05:12.280]  And when they come back and say they don't have it, then I suggest you ask for an information
[05:12.280 --> 05:21.080]  request, fill out the request, put the person's name on it, the accused or the defendant,
[05:21.080 --> 05:30.280]  and request all documents filed with this clerk's office concerning this individual.
[05:30.280 --> 05:39.040]  And after the date that you gave the magistrate the complaints, give that to them.
[05:39.040 --> 05:42.040]  And they're going to say, well, we already told you we don't have any of these documents.
[05:42.040 --> 05:44.220]  You told them, yes, I understand that.
[05:44.220 --> 05:49.680]  So I need you to respond to that information request with a response that says we have
[05:49.680 --> 05:56.560]  no documents responsive to your request and I'll be happy and I'll go away.
[05:56.560 --> 06:02.680]  Now you've documented the fact that there have been no documents sent to the clerk in
[06:02.680 --> 06:06.320]  accordance with 17.30.
[06:06.320 --> 06:15.280]  And does the magistrate not have the ability to just do the, you know, have the hearing
[06:15.280 --> 06:19.760]  right there and kind of look through and go, you know, I don't think this really is a crime
[06:19.760 --> 06:25.120]  and, you know, dismissed or whatever, you know, does there have to be a paper trail
[06:25.120 --> 06:26.120]  for him to do?
[06:26.120 --> 06:34.720]  Has to be a paper trail, 16.17 after the examining trial requires the judge to issue
[06:34.720 --> 06:43.440]  an order declaring whether he bound the person over to the court or released him at his liberty,
[06:43.440 --> 06:46.960]  released him on bond or remanded him to the jail.
[06:46.960 --> 06:52.000]  He must issue that order, tell him what he did and then he seal it up in an envelope
[06:52.000 --> 06:53.080]  and send it to the clerk.
[06:53.080 --> 07:00.760]  So it doesn't matter what he found in the examining trial, the clerk should have that
[07:00.760 --> 07:01.760]  16.17 order.
[07:01.760 --> 07:08.080]  Yeah, even if he decided that this really isn't a crime, I don't trust you, I don't
[07:08.080 --> 07:13.280]  believe you, whatever, and just kind of dismisses it, there's going to be a record of that if
[07:13.280 --> 07:14.280]  nothing else.
[07:14.280 --> 07:19.560]  There won't be a record, but the statute requires that there be a record.
[07:19.560 --> 07:21.360]  I see what you mean.
[07:21.360 --> 07:30.520]  So what happens if somebody secrets a document from the person or office it is directed to?
[07:30.520 --> 07:37.120]  Oh, that's probably even worse than just him not doing the hearing.
[07:37.120 --> 07:41.680]  37.10 Texas Penal Code, tamper with the government document.
[07:41.680 --> 07:49.880]  Yeah, that's the one that I'm getting the attorneys on, I actually found the list, 37.03
[07:49.880 --> 07:56.200]  aggravated perjury, 37.10 tampering with the government document, 32.48 simulating a legal
[07:56.200 --> 08:00.840]  process and 15.02 criminal conspiracy.
[08:00.840 --> 08:03.240]  Nicely done.
[08:03.240 --> 08:24.000]  With the judge, you get one more, 38.05 shielding from prosecution, 39.03 official oppression.
[08:24.000 --> 08:30.720]  Official oppression, if a public official fails to act under the color of his authority, fails
[08:30.720 --> 08:35.600]  to perform a duty he is required to perform, and in the process denies a citizen full free
[08:35.600 --> 08:41.360]  access to her enjoyment right, that's the Class A misdemeanor in Texas.
[08:41.360 --> 08:47.920]  You gave notice of crime and the judge failed to perform a duty he was required to perform
[08:47.920 --> 08:53.680]  and in the process denied you an equal protection of the law of the state of Texas.
[08:53.680 --> 08:59.680]  And he did this in order to shield the accused from prosecution because they're lawyer buddies
[08:59.680 --> 09:05.480]  if he has 38.05 penal code, which is felony.
[09:05.480 --> 09:08.220]  So you guys want to play hardball?
[09:08.220 --> 09:16.420]  We will welcome you to the deep end of the pool and one thing you need to avoid, we do
[09:16.420 --> 09:19.720]  it by knee jerk.
[09:19.720 --> 09:26.200]  We ask them to do something and they give us some blah, blah, blah stuff and we start
[09:26.200 --> 09:32.720]  in with this, well I got rights and the law says you have to do this, you have to do that,
[09:32.720 --> 09:33.960]  you are not their lawyer.
[09:33.960 --> 09:34.960]  Oh no.
[09:34.960 --> 09:36.840]  Oh no, I'm a very patient person.
[09:36.840 --> 09:39.960]  I am fine with letting them put their foot there all now.
[09:39.960 --> 09:40.960]  Good.
[09:40.960 --> 09:49.880]  It goes to the rule, never interfere with your adversary when he's making a mistake.
[09:49.880 --> 09:50.880]  Exactly.
[09:50.880 --> 09:58.320]  This sounds like you're going to have fun with it.
[09:58.320 --> 10:03.400]  Do you happen to have a criminal complaint?
[10:03.400 --> 10:07.600]  Yes, go to Juris Imprudence.
[10:07.600 --> 10:08.600]  Okay.
[10:08.600 --> 10:11.560]  Have you been to that site?
[10:11.560 --> 10:15.200]  I have, that's where I got the ones against the attorney, was there also some on there
[10:15.200 --> 10:16.200]  that would apply?
[10:16.200 --> 10:20.320]  Oh, I got a whole bunch of them on there.
[10:20.320 --> 10:21.320]  Okay.
[10:21.320 --> 10:22.320]  I must have just missed them.
[10:22.320 --> 10:23.320]  I'll go back and look.
[10:23.320 --> 10:27.200]  Yeah, and I've got blanks on there as well.
[10:27.200 --> 10:33.120]  And how long do they have, does the judge have, if I go in and the judge just audibly
[10:33.120 --> 10:37.840]  or orally just kind of dismisses it and refuses to take it, obviously right then and there
[10:37.840 --> 10:46.160]  I could turn around and file charges against him, but if it's one of those where it just
[10:46.160 --> 10:50.800]  kind of goes in the document even if it doesn't appear for a while, what's the standard amount
[10:50.800 --> 10:55.120]  of time before I would go and check with the county court or the district court to see
[10:55.120 --> 11:00.360]  if they had actually, you know, the criminal complaints had been, you know.
[11:00.360 --> 11:03.200]  I'd like to give them at least two weeks.
[11:03.200 --> 11:04.200]  Okay.
[11:04.200 --> 11:13.680]  A month is better because then he can't claim he couldn't fit it in his schedule.
[11:13.680 --> 11:19.160]  In a month, he could fit it in criminal comes before civil.
[11:19.160 --> 11:24.560]  So if he's done anything civil in the interim, then he's juxtaposed to the civil in front
[11:24.560 --> 11:25.560]  of the criminal.
[11:25.560 --> 11:27.240]  He had to do the examining trial first.
[11:27.240 --> 11:33.640]  So give him two weeks and then don't give him notice.
[11:33.640 --> 11:34.640]  Don't give him opportunity.
[11:34.640 --> 11:42.760]  You know, if this was a civil man to man, you would have a moral and contractual duty
[11:42.760 --> 11:45.160]  to give notice and opportunity.
[11:45.160 --> 11:46.160]  Right.
[11:46.160 --> 11:48.640]  This is not civil.
[11:48.640 --> 11:49.640]  This is criminal.
[11:49.640 --> 11:55.640]  You will have no notice, no opportunity, no opportunity to cure.
[11:55.640 --> 12:04.360]  It's like when the clerk in Randall County wouldn't give me the physical files.
[12:04.360 --> 12:07.760]  She said she didn't have time that I had to look on the computer.
[12:07.760 --> 12:16.480]  I called 911 to do and she finally, while I'm waiting for the officer to come take my
[12:16.480 --> 12:22.440]  complaint against her, she comes out with the actual records and started to talk to
[12:22.440 --> 12:23.440]  me.
[12:23.440 --> 12:24.440]  I told him, stop, stop, stop.
[12:24.440 --> 12:25.440]  I can't talk to you.
[12:25.440 --> 12:31.720]  I have somebody coming who I'll give them a full statement, but it'd be inappropriate
[12:31.720 --> 12:34.920]  to talk to you since I'm filing criminal charges against you.
[12:34.920 --> 12:38.840]  And the bailiff said, well, she has the records you asked for.
[12:38.840 --> 12:40.880]  Sorry, Bubba.
[12:40.880 --> 12:46.680]  That bell's already been rung.
[12:46.680 --> 12:50.040]  You want them to ring the bell.
[12:50.040 --> 12:55.480]  Once you get it wrong, do not give them opportunity to recant.
[12:55.480 --> 13:03.160]  I was once in court and the witness against me was a bailiff who had thrown me in jail
[13:03.160 --> 13:12.000]  and he got on the stand and testified that he was a constable for this precinct in Denton.
[13:12.000 --> 13:16.960]  And after the case was over, the judge had recused himself because he hated this constable.
[13:16.960 --> 13:21.920]  He came to me and he said, you know he lied about being a constable, don't you?
[13:21.920 --> 13:23.920]  And I said, yeah, I knew that.
[13:23.920 --> 13:26.320]  Well, why didn't you bring it up?
[13:26.320 --> 13:32.000]  I said, well, he was a constable at the time he arrested me.
[13:32.000 --> 13:34.360]  So it wasn't material.
[13:34.360 --> 13:40.640]  And besides, if I had brought it up, he would have opportunity to recant.
[13:40.640 --> 13:48.960]  And the judge stepped back and smiled at me and he said, you could really be a scoundrel.
[13:48.960 --> 13:51.160]  I said, well, I'll work at it.
[13:51.160 --> 13:57.360]  And you know, this is the issue if you give them prior warning, warning they can recant.
[13:57.360 --> 14:01.460]  That's the last thing you want them to do.
[14:01.460 --> 14:05.900]  You want it to come out of the clear blue sky.
[14:05.900 --> 14:08.160]  No warning.
[14:08.160 --> 14:12.560]  Bushwhack is a wonderful tool for controlling our public officials.
[14:12.560 --> 14:17.720]  You know, and I'll, that brings up another question.
[14:17.720 --> 14:22.640]  I was wondering, what would be the proper, what would be the best political place to
[14:22.640 --> 14:24.200]  go bring these two?
[14:24.200 --> 14:28.880]  The judge that's hearing the case that is involving these lawyers or a completely separate
[14:28.880 --> 14:30.640]  judge in the county?
[14:30.640 --> 14:34.320]  Judge that's hearing the case.
[14:34.320 --> 14:41.240]  He has personal knowledge and that's one of his duties.
[14:41.240 --> 14:49.040]  If he has knowledge of someone committed a crime, he can order the, another offer, order
[14:49.040 --> 14:58.440]  a police officer to arrest that person under 14, I think it's 1406 that a police officer
[14:58.440 --> 15:03.920]  can under 1401 a police officer can rest for any crime committed in his sight in his presence.
[15:03.920 --> 15:13.520]  And I see the 103, it might be 1403 where a magistrate can order an arrest and a bailiff
[15:13.520 --> 15:20.520]  or a police officer can arrest someone without a warrant for a misdemeanor he didn't see
[15:20.520 --> 15:25.000]  if a magistrate ordered him to.
[15:25.000 --> 15:30.880]  Like you're in court and the bailiffs out in the hall and he's called into the courtroom,
[15:30.880 --> 15:32.960]  the judge says, arrest this person.
[15:32.960 --> 15:34.760]  He has power to do that.
[15:34.760 --> 15:49.360]  So as to who to, how you file these, you file with that judge first, because he should already,
[15:49.360 --> 15:54.120]  if, if what was done was done in his court, he should already.
[15:54.120 --> 15:56.800]  He should have had him arrested.
[15:56.800 --> 16:02.880]  Yeah I don't know if at this point he knows that they did still file the, they did still
[16:02.880 --> 16:06.040]  put this on my door, the fraudulent document.
[16:06.040 --> 16:10.360]  He does know that he, you know, you know, he denied the order, but at this point I have
[16:10.360 --> 16:18.200]  not notified the court that I'm in possession of a fraudulent document.
[16:18.200 --> 16:27.560]  Okay well when the judge gets notice, then he has a duty to issue the complaint.
[16:27.560 --> 16:34.640]  But okay, what you want to do is get to the highest judge you can as quickly as you can.
[16:34.640 --> 16:41.640]  But in getting there, eventually you want to get to the grand jury, but in getting there
[16:41.640 --> 16:46.840]  you want to have plausible deniability be, show all the steps.
[16:46.840 --> 16:51.240]  Hang on, we're about to go to break, Randy Kelton, we have our radio, I call it number
[16:51.240 --> 16:56.640]  512-646-1984, we're going to move this along when we come back, so we won't take too much
[16:56.640 --> 17:00.680]  longer for those waiting, we'll be right back.
[17:00.680 --> 17:06.680]  Through advances in technology our lives have greatly improved, except in the area of nutrition.
[17:06.680 --> 17:11.400]  People feed their pets better than they feed themselves, and it's time we changed all that.
[17:11.400 --> 17:17.120]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[17:17.120 --> 17:23.440]  In a world where natural foods have been irradiated, adulterated, and mutilated, Young Jevity can
[17:23.440 --> 17:25.720]  provide the nutrients you need.
[17:25.720 --> 17:30.560]  Logos Radio Network gets many requests to endorse all sorts of products, most of which
[17:30.560 --> 17:31.680]  we reject.
[17:31.680 --> 17:36.920]  We have come to trust Young Jevity so much, we became a marketing distributor along with
[17:36.920 --> 17:43.480]  Alex Jones, Ben Fuchs, and many others, when you order from LogosRadioNetwork.com, your
[17:43.480 --> 17:47.160]  health will improve as you help support quality radio.
[17:47.160 --> 17:53.000]  As you realize the benefits of Young Jevity, you may want to join us, as a distributor
[17:53.000 --> 17:59.240]  you can experience improved health, help your friends and family, and increase your income.
[17:59.240 --> 18:00.560]  Order now.
[18:00.560 --> 18:05.320]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.320 --> 18:09.400]  Stop debt collectors now with the Michael Mears Proven Method.
[18:09.400 --> 18:13.720]  Michael Mears has won six cases in federal court against debt collectors, and now you
[18:13.720 --> 18:14.720]  can win too.
[18:14.720 --> 18:19.560]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.560 --> 18:25.440]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[18:25.440 --> 18:29.960]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[18:29.960 --> 18:34.160]  financial tables on them and make them pay you to go away.
[18:34.160 --> 18:38.960]  The Michael Mears Proven Method is the solution for how to stop debt collectors.
[18:38.960 --> 18:41.400]  Personal consultation is available as well.
[18:41.400 --> 18:47.040]  For more information, please visit RuleOfLawRadio.com and click on the blue Michael Mears banner,
[18:47.040 --> 18:49.920]  or email MichaelMears at yahoo.com.
[18:49.920 --> 18:58.920]  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
[18:58.920 --> 18:59.920]  collectors now.
[18:59.920 --> 19:04.920]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:04.920 --> 19:07.920]  Well, don't let nothing get to you.
[19:07.920 --> 19:10.920]  Only the father can't do it by you.
[19:10.920 --> 19:19.920]  But don't let bad-minded people hurt you until Satan gets behind you.
[19:19.920 --> 19:24.920]  You know what I mean?
[19:24.920 --> 19:31.920]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Philip in Texas.
[19:31.920 --> 19:38.920]  And Philip, before we get done here, Jeff Sedgwick, who we had on earlier, had a comment
[19:38.920 --> 19:40.920]  on your situation.
[19:40.920 --> 19:41.920]  Jeff?
[19:41.920 --> 19:42.920]  There?
[19:42.920 --> 19:43.920]  Yes, I do.
[19:43.920 --> 19:50.920]  I'm a little concerned that he's leaving money on the table.
[19:50.920 --> 19:51.920]  I'm serious.
[19:51.920 --> 20:01.920]  Randy, did you just determine that the service that he suffered was improper?
[20:01.920 --> 20:03.920]  Yes, he did.
[20:03.920 --> 20:04.920]  Okay.
[20:04.920 --> 20:15.920]  Under 15 U.S.C., 1692 E5, E10, and E13, he has causes of action.
[20:15.920 --> 20:35.920]  Now, under the FDC, 15 U.S.C., 1692, E is in ED5, E is in ED10, and E is in ED13.
[20:35.920 --> 20:45.920]  These all fall under the section, fall from misleading representations and communications under the FDCPA.
[20:45.920 --> 20:55.920]  So I would suggest that you go down to the courthouse and you get a certified copy of the judge's order denying the substitute
[20:55.920 --> 20:58.920]  of service, I think you called it?
[20:58.920 --> 21:00.920]  Order for substitute service, yes.
[21:00.920 --> 21:07.920]  All right, and you use that as your prior evidence, and are you in the Northern District of Texas
[21:07.920 --> 21:10.920]  as far as the U.S. District Courts are concerned?
[21:10.920 --> 21:12.920]  I'll answer Randy's question.
[21:12.920 --> 21:13.920]  I'm in Williamson County.
[21:13.920 --> 21:17.920]  No, you're in the Western District.
[21:17.920 --> 21:19.920]  Okay.
[21:19.920 --> 21:24.920]  If you were in the Northern District, I would highly recommend that you get an attorney
[21:24.920 --> 21:30.920]  because they have a venomous hatred of pro-Says in the Northern District.
[21:30.920 --> 21:34.920]  But I do not know how they are in the Western and the Southern.
[21:34.920 --> 21:42.920]  I do know that if you're in the Eastern and you follow the rules, you are treated with dignity and respect.
[21:42.920 --> 21:45.920]  Well, not in the Western.
[21:45.920 --> 21:48.920]  You've got Sparks and Yackel.
[21:48.920 --> 21:51.920]  Now, Yackel's better than Sparks.
[21:51.920 --> 21:52.920]  Okay.
[21:52.920 --> 21:56.920]  But neither one of them are really keen on pro-Says.
[21:56.920 --> 21:57.920]  Okay.
[21:57.920 --> 22:06.920]  But if you write a nice, clean complaint and follow the rules, you should be okay.
[22:06.920 --> 22:17.920]  If you are indigent, then file it with a motion to be taken on as informal papyrus.
[22:17.920 --> 22:19.920]  Okay.
[22:19.920 --> 22:24.920]  The upside of that is that the court will review your complaint
[22:24.920 --> 22:28.920]  and determine if your complaint is sufficient.
[22:28.920 --> 22:31.920]  And if it is and they accept you in an informal papyrus,
[22:31.920 --> 22:34.920]  you know you've got a good solidly written complaint.
[22:34.920 --> 22:36.920]  Oh, okay.
[22:36.920 --> 22:37.920]  Okay.
[22:37.920 --> 22:45.920]  But you can only get $1,000 under FDCPA, but that's $1,000 per defendant.
[22:45.920 --> 22:51.920]  So let's say you've got three defendants there, the two lawyers and the law firm.
[22:51.920 --> 22:53.920]  Yep.
[22:53.920 --> 22:57.920]  And under the FDCPA, unless your case is frivolous,
[22:57.920 --> 23:02.920]  they have to cover your attorney's fees too.
[23:02.920 --> 23:08.920]  And this one's clearly not frivolous.
[23:08.920 --> 23:16.920]  Especially if it's a certified copy of the judge's order denying substitute service.
[23:16.920 --> 23:23.920]  When you start defying judges, all judges get real excited about that.
[23:23.920 --> 23:25.920]  Yeah.
[23:25.920 --> 23:26.920]  Okay.
[23:26.920 --> 23:35.920]  And if the federal court rules before the state decides to have any kind of hearings on your criminal case,
[23:35.920 --> 23:40.920]  you know, if they ruin your favor on that, then that just adds to the pile of evidence.
[23:40.920 --> 23:41.920]  Great.
[23:41.920 --> 23:55.920]  That's collateral estoppel that would stop them from claiming that they didn't commit the act.
[23:55.920 --> 24:02.920]  Well, yeah, at the same time, Brandy, let's put a little bit of filthy lucre in his pocket.
[24:02.920 --> 24:03.920]  Okay.
[24:03.920 --> 24:04.920]  That's even better, yeah.
[24:04.920 --> 24:06.920]  Dinner?
[24:06.920 --> 24:09.920]  Yeah, that might be a dinner in a chauffeur-driven limousine.
[24:09.920 --> 24:10.920]  Yeah.
[24:10.920 --> 24:13.920]  Filthy lucre is a reference to Robert Fox.
[24:13.920 --> 24:20.920]  He called lawyers petty fogger shysters grubbing for filthy lucre.
[24:20.920 --> 24:25.920]  And that said, filthy lucre is an old Shakespearean term.
[24:25.920 --> 24:36.920]  Well, petty fogger is a term for non-lawyers who presented themselves as lawyers and didn't know what they were doing.
[24:36.920 --> 24:46.920]  And that came out of New York where people could represent, in the early part of the century,
[24:46.920 --> 24:55.920]  the last century, guys who weren't attorneys could represent people in criminal cases and they called them petty foggers.
[24:55.920 --> 25:01.920]  And then there were the lawyers who were the shysters and grubbing for the filthy lucre.
[25:01.920 --> 25:02.920]  Okay.
[25:02.920 --> 25:03.920]  Enough distraction.
[25:03.920 --> 25:04.920]  I'll shut up.
[25:04.920 --> 25:07.920]  That's all I had to contribute at the moment.
[25:07.920 --> 25:08.920]  Okay.
[25:08.920 --> 25:11.920]  Thank you very much, Jeff.
[25:11.920 --> 25:12.920]  Okay.
[25:12.920 --> 25:13.920]  Philip, do we have enough?
[25:13.920 --> 25:15.920]  Do you have any more questions?
[25:15.920 --> 25:19.920]  One very, very quick question, just a very quick technical question.
[25:19.920 --> 25:24.920]  I'm looking, I've looked at your criminal complaints that you have online in jurisprudence.
[25:24.920 --> 25:26.920]  I have one pulled up right now.
[25:26.920 --> 25:30.920]  Do I have to include that heading in the name or by authority of the state of Texas?
[25:30.920 --> 25:31.920]  Absolutely.
[25:31.920 --> 25:39.920]  All criminal complaints must be styled in the name of the state of Texas.
[25:39.920 --> 25:41.920]  That is the precise form.
[25:41.920 --> 25:48.920]  The way to tell what a criminal complaint should look like is look at an information.
[25:48.920 --> 25:49.920]  Right.
[25:49.920 --> 25:53.920]  When the lawyer, when the prosecutor gets a criminal complaint,
[25:53.920 --> 26:00.920]  he takes the criminal complaint and creates an information from the criminal complaint.
[26:00.920 --> 26:05.920]  And information is what a complaint should look like.
[26:05.920 --> 26:14.920]  It's technically correct and all you do is take an information and change information to complaint and you got it.
[26:14.920 --> 26:15.920]  Okay.
[26:15.920 --> 26:18.920]  Because I was just wondering because, I mean, obviously, you know,
[26:18.920 --> 26:22.920]  a district attorney or someone like that, they can act in, you know,
[26:22.920 --> 26:24.920]  in the name and by authority of the state of Texas.
[26:24.920 --> 26:27.920]  I, you know, I mean, I am a citizen.
[26:27.920 --> 26:32.920]  I just was wondering if I can technically act in the name and by authority of the state of Texas.
[26:32.920 --> 26:34.920]  It's just because I didn't want to shoot myself.
[26:34.920 --> 26:37.920]  It's just the styling of the document.
[26:37.920 --> 26:39.920]  Got it.
[26:39.920 --> 26:43.920]  So, and that form is taken directly from their forms.
[26:43.920 --> 26:49.920]  If you use that form the way I have it styled, they will recognize the form.
[26:49.920 --> 26:51.920]  They'll know where it comes from.
[26:51.920 --> 26:58.920]  Just so you know, I am going to give you a run for your money when it comes to plagiarism.
[26:58.920 --> 27:06.920]  So, oh, my goodness, wonderful.
[27:06.920 --> 27:07.920]  Okay.
[27:07.920 --> 27:09.920]  Thank you, Philip.
[27:09.920 --> 27:12.920]  You need to move along with I think we've dropped a caller or two.
[27:12.920 --> 27:14.920]  Okay.
[27:14.920 --> 27:18.920]  Thank you for calling and keep us up to date on how this goes.
[27:18.920 --> 27:20.920]  Have a great evening.
[27:20.920 --> 27:21.920]  Thank you, Philip.
[27:21.920 --> 27:23.920]  Now we're going to go to Marshall in Washington.
[27:23.920 --> 27:25.920]  Hello, Marshall.
[27:25.920 --> 27:26.920]  Hello.
[27:26.920 --> 27:27.920]  How's it going this evening?
[27:27.920 --> 27:28.920]  Going good.
[27:28.920 --> 27:33.920]  Sorry to keep you so long, but he touched on my favorite subject.
[27:33.920 --> 27:36.920]  Well, I'll do my best to stay away from your favorite subject.
[27:36.920 --> 27:39.920]  All righty.
[27:39.920 --> 27:44.920]  The general topic is preliminary injunction in civil cases.
[27:44.920 --> 27:45.920]  Yes.
[27:45.920 --> 27:50.920]  And cases come up locally that I'm following and I'm interested in.
[27:50.920 --> 28:00.920]  And I found the case law, the most direct case law, Supreme Court case winner versus Natural Resource Defense Council.
[28:00.920 --> 28:06.920]  But it brought up some issues that I did not even begin to understand.
[28:06.920 --> 28:13.920]  The major points that are germane are public interest.
[28:13.920 --> 28:15.920]  And so that's one thing.
[28:15.920 --> 28:18.920]  And the second one is balance of harms.
[28:18.920 --> 28:23.920]  So in law, what does public interest mean?
[28:23.920 --> 28:29.920]  Well, a preliminary injunction doesn't have to go to public interest.
[28:29.920 --> 28:56.920]  But if there is some aspect, if someone is about to do something and if they do something, it will damage a roadway or cause a public disruption of some type, then you can claim public interest.
[28:56.920 --> 28:59.920]  There's no really hard and fast rule on that.
[28:59.920 --> 29:17.920]  But public interest is listed there because it is something that you can claim in a wrongful foreclosure where you're claiming documents are illegally filed with the clerk of the court.
[29:17.920 --> 29:21.920]  And you're challenging the document like a quiet title.
[29:21.920 --> 29:27.920]  And you're asking for a preliminary injunction on the foreclosure.
[29:27.920 --> 29:41.920]  And you can claim that a public interest based on the wrongful filing in the public records contaminating the public records.
[29:41.920 --> 29:48.920]  So let me think about how to explain this on the other side because I really don't know what I'm talking about.
[29:48.920 --> 30:01.920]  Hang on, Randy Kelvin, we'll be right back.
[30:01.920 --> 30:03.920]  Are you cautious online?
[30:03.920 --> 30:08.920]  A new breed of criminal is hoping you're careful about sites you visit and avoid downloading spyware.
[30:08.920 --> 30:10.920]  That makes you the perfect mark.
[30:10.920 --> 30:14.920]  I'm Dr. Catherine Albrecht and I'll be back in a moment with a frightening twist in cybercrime.
[30:14.920 --> 30:16.920]  Privacy is under attack.
[30:16.920 --> 30:20.920]  When you give up data about yourself, you'll never get it back again.
[30:20.920 --> 30:25.920]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.920 --> 30:26.920]  So protect your rights.
[30:26.920 --> 30:30.920]  Say no to surveillance and keep your information to yourself.
[30:30.920 --> 30:32.920]  Privacy, it's worth hanging on to.
[30:32.920 --> 30:40.920]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:40.920 --> 30:44.920]  Start over with StartPage.
[30:44.920 --> 30:46.920]  You're surfing the Internet and you think you're safe.
[30:46.920 --> 30:48.920]  After all, you take precautions.
[30:48.920 --> 30:55.920]  Then out of the blue, a window pops up that warns you that your computer has been infected and provides a link for antivirus software.
[30:55.920 --> 30:56.920]  Oh, no.
[30:56.920 --> 30:57.920]  Don't be fooled.
[30:57.920 --> 31:00.920]  You're the target of cyber criminals peddling scareware.
[31:00.920 --> 31:02.920]  Scareware is scam software.
[31:02.920 --> 31:07.920]  It might cost $50 or it could be free, but you'll pay a steep price if you fall for it.
[31:07.920 --> 31:10.920]  Just visiting a scareware site could infect your computer.
[31:10.920 --> 31:16.920]  And if you buy their worthless software, it often comes loaded with malware that siphons your personal information.
[31:16.920 --> 31:20.920]  If you download it, you'll really have something to worry about.
[31:20.920 --> 31:21.920]  I'm Dr. Catherine Albrecht.
[31:21.920 --> 31:29.920]  More news and information at CatherineAlbrecht.com.
[31:29.920 --> 31:35.920]  Did you know there are 3 million edible food plants on Earth and none have the nutritional value of the hemp plant?
[31:35.920 --> 31:38.920]  HempUSA.org offers you hemp protein powder.
[31:38.920 --> 31:44.920]  It does not contain chemicals or THC, is non-GMO, and is 100% gluten-free.
[31:44.920 --> 31:50.920]  Hemp protein powder burns fat, builds muscle, contains 53% protein, and feeds the body the nutrients it needs.
[31:50.920 --> 31:56.920]  Call 888-910-4367 and see what our powder, seeds, and oil can do for you.
[31:56.920 --> 32:00.920]  Only at HempUSA.org.
[32:00.920 --> 32:04.920]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:04.920 --> 32:09.920]  In today's America, we live in an us-against-them society, and if we the people are ever going to have a free society,
[32:09.920 --> 32:12.920]  then we're going to have to stand and defend our own rights.
[32:12.920 --> 32:16.920]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[32:16.920 --> 32:19.920]  and most importantly, the right to due process of law.
[32:19.920 --> 32:24.920]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[32:24.920 --> 32:30.920]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available
[32:30.920 --> 32:34.920]  that will help you understand what due process is and how to hold courts to the rule of law.
[32:34.920 --> 32:39.920]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today.
[32:39.920 --> 32:44.920]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie,
[32:44.920 --> 32:49.920]  video and audio of the original 2009 seminar, hundreds of research documents, and other useful resource material.
[32:49.920 --> 32:53.920]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:53.920 --> 33:00.920]  Order your copy today and together we can have the free society we all want and deserve.
[33:23.920 --> 33:41.920]  Okay, we are back, Randy Kelton.
[33:41.920 --> 33:45.920]  Are we in? Okay. Hello.
[33:45.920 --> 33:48.920]  We're back, Randy Kelton, Rule of Law Radio.
[33:48.920 --> 33:51.920]  I was confused. I was a little slow coming in.
[33:51.920 --> 33:53.920]  One of those sneezes that wouldn't come.
[33:53.920 --> 33:56.920]  That's why we're a little bit late there. Apologize for that.
[33:56.920 --> 34:01.920]  Okay, we're talking to Marshall in Washington.
[34:01.920 --> 34:10.920]  And you really, depending on what your case is, if your case doesn't involve a public interest,
[34:10.920 --> 34:18.920]  you don't need to claim public interest.
[34:18.920 --> 34:23.920]  Does that kind of answer your, does your case,
[34:23.920 --> 34:28.920]  the case you're interested in involve the public interest?
[34:28.920 --> 34:34.920]  Well, let me, I guess let me flesh out my understanding as it currently is,
[34:34.920 --> 34:40.920]  and maybe you can correct me and elucidate on the issues at hand.
[34:40.920 --> 34:45.920]  As I currently understand it in that Supreme Court decision,
[34:45.920 --> 34:48.920]  it's not that you, it's a four-tier thing.
[34:48.920 --> 34:54.920]  You got to do, you got to meet all the four of the standards to get a preliminary injunction.
[34:54.920 --> 35:03.920]  One is likelihood of success on the merits, substantial threat of irreparable damage,
[35:03.920 --> 35:07.920]  balance of harms, which I don't think I understand at all,
[35:07.920 --> 35:10.920]  and the injunction serves the public interest.
[35:10.920 --> 35:17.920]  If you don't have all four of those, then no court can give a preliminary injunction.
[35:17.920 --> 35:32.920]  Okay. I would have to do a search for preliminary injunction public interest.
[35:32.920 --> 35:38.920]  Clearly, they're looking for something specific here.
[35:38.920 --> 35:44.920]  Sure. Well, the one that I, that the courts already done a preliminary injunction
[35:44.920 --> 35:47.920]  against a club that I'm a member of.
[35:47.920 --> 35:55.920]  The one that seems to be the weakest and easiest to refute with an interlocutory appeal would be
[35:55.920 --> 36:00.920]  the plaintiff faces a substantial threat of irreparable damage.
[36:00.920 --> 36:05.920]  Well, this is a club that's been in existence for over 80 years,
[36:05.920 --> 36:14.920]  and they just recently passed an ordinance at the county level to basically tell us we can't have such a club.
[36:14.920 --> 36:19.920]  And the, I don't have it in front of me, but the order of the court basically said,
[36:19.920 --> 36:24.920]  oh, the substantial threat of irreparable damage is you're violating the law.
[36:24.920 --> 36:27.920]  Well, that's what the case is about.
[36:27.920 --> 36:36.920]  So how can you use that as something that should be proven at trial as part of what you're trying to claim
[36:36.920 --> 36:39.920]  in the preliminary injunction? Does it make sense to me?
[36:39.920 --> 36:44.920]  Wait a minute. I'm not sure I understood the question exactly.
[36:44.920 --> 36:51.920]  They said that, okay, say that again. I'll try to make better sense of it this time.
[36:51.920 --> 37:00.920]  Sure, sure. The part that I'm most, I think is the weakest is that they, let me see the quote here.
[37:00.920 --> 37:07.920]  The plaintiff faces a substantial threat of irreparable damage or injury if the injunction isn't granted.
[37:07.920 --> 37:13.920]  And there doesn't appear to be any basis for drawing that conclusion in this case.
[37:13.920 --> 37:22.920]  And the only thing the court referenced at all with respect to that in their decision for the preliminary injunction
[37:22.920 --> 37:31.920]  was that we were violating law and us being allowed to continue to violate the county ordinance
[37:31.920 --> 37:39.920]  while awaiting trial would create an irreparable damage.
[37:39.920 --> 37:44.920]  But that would appear to be something that needs to be determined in the case,
[37:44.920 --> 37:49.920]  not assumed in a preliminary injunction.
[37:49.920 --> 37:57.920]  So your case was about the validity of the statute?
[37:57.920 --> 38:02.920]  In part, yes.
[38:02.920 --> 38:16.920]  Okay, this would take some specific research because you have been doing something legally for a period of time.
[38:16.920 --> 38:24.920]  And in so doing, you develop a property interest in what you're doing.
[38:24.920 --> 38:38.920]  If this is a club that was legal and you invested your time and possibly money and reputation in this club,
[38:38.920 --> 38:41.920]  you gain a property interest in it.
[38:41.920 --> 38:44.920]  And now the state is coming along and-
[38:44.920 --> 38:46.920]  They call it grandfather right.
[38:46.920 --> 38:48.920]  Pardon me?
[38:48.920 --> 38:50.920]  They call it grandfather right.
[38:50.920 --> 38:55.920]  Well, no, I wasn't exactly going to grandfather,
[38:55.920 --> 39:05.920]  but I was going to how you would establish a reason for them to grant you grandfather rights
[39:05.920 --> 39:10.920]  because you have a property interest in this and all of a sudden the city comes along
[39:10.920 --> 39:19.920]  and they want to decide that they don't want to have this kind of club or whatever anymore.
[39:19.920 --> 39:34.920]  Is the accusation that the club violates any law other than the one that is incorporated in the ordinance?
[39:34.920 --> 39:43.920]  No, because they lost a prior, at the appellate level, they lost a prior case trying to stop us with a different law.
[39:43.920 --> 39:47.920]  So this is the only law that they are claiming at this time that they can apply to us.
[39:47.920 --> 39:56.920]  Does the law attempt to affect the same purpose?
[39:56.920 --> 40:00.920]  Yes, but in substantially different words.
[40:00.920 --> 40:04.920]  Then go to collateral estoppel?
[40:04.920 --> 40:11.920]  Yeah, we claim that, but we basically claim res judicata because they lost at the appellate level.
[40:11.920 --> 40:16.920]  But the judge simply wiped that away and said, oh no, this is a new ordinance, none of that applies.
[40:16.920 --> 40:22.920]  Okay, well don't expect to win in the trial court, that's one of the rules.
[40:22.920 --> 40:28.920]  Your only purpose in the trial court is set the record for appeal.
[40:28.920 --> 40:41.920]  You might notice that if you win this case, then the irreparable harm and the public harm will be
[40:41.920 --> 40:51.920]  is that it will put the city in a position to be sued for the harm that is caused to your group,
[40:51.920 --> 40:59.920]  that your inability to exercise your right that was curtailed by the city.
[40:59.920 --> 41:04.920]  If you win, you'll be able to sue them.
[41:04.920 --> 41:13.920]  Sure, and that idea is agitated by the fact that in the prior case, under interlocutory appeal,
[41:13.920 --> 41:19.920]  the appellate court said that the preliminary adjunction they did in the prior case was entirely inappropriate,
[41:19.920 --> 41:25.920]  they shouldn't have shut us down pending trial, and then they lost at the appellate level from the primary trial.
[41:25.920 --> 41:28.920]  And now they're doing it all over again with a different ordinance.
[41:28.920 --> 41:35.920]  And did you cite the prior case where it was improper to shut you down?
[41:35.920 --> 41:38.920]  We did.
[41:38.920 --> 41:48.920]  Then go to the appeals court in another interlocutory and ask for a ruling on this particular issue,
[41:48.920 --> 41:52.920]  because here we have the same thing again.
[41:52.920 --> 42:03.920]  If they shut you down, then your suit essentially becomes moot because they dissolve your club
[42:03.920 --> 42:09.920]  simply by making a law that may or may not be valid.
[42:09.920 --> 42:13.920]  And if the law is not valid, it's not valid from its inception.
[42:13.920 --> 42:20.920]  To enforce a law that's under challenge would be inappropriate.
[42:20.920 --> 42:23.920]  I agree.
[42:23.920 --> 42:28.920]  The other piece of it is that they shut us down just to get through the interlocutory appeal
[42:28.920 --> 42:34.920]  and get a decision with over three months before we could start operating again.
[42:34.920 --> 42:36.920]  So it's likely to happen again.
[42:36.920 --> 42:41.920]  Have you sued the city for that three months downtime?
[42:41.920 --> 42:46.920]  No, but the membership is strongly leaning in that direction.
[42:46.920 --> 42:53.920]  If they lose another preliminary injunction and another trial or we went on appeal again,
[42:53.920 --> 42:56.920]  now we've got a pattern going on.
[42:56.920 --> 42:58.920]  You don't need a pattern.
[42:58.920 --> 43:01.920]  They ought to go ahead and sue for the first one.
[43:01.920 --> 43:05.920]  That's a done deal.
[43:05.920 --> 43:08.920]  So whether or not you were harmed is not a question.
[43:08.920 --> 43:10.920]  It's just how much.
[43:10.920 --> 43:15.920]  And this will give the city and the judge a reason to take a different tax this time
[43:15.920 --> 43:21.920]  because they're likely to get sued a second time.
[43:21.920 --> 43:24.920]  That would go to public harm.
[43:24.920 --> 43:28.920]  Irrevocable public harm.
[43:28.920 --> 43:29.920]  OK, hang on.
[43:29.920 --> 43:30.920]  We're about to go to break.
[43:30.920 --> 43:35.920]  Randy Kelton, rule of law radio, our polling number, 512-646-1984.
[43:35.920 --> 43:37.920]  Give us a call.
[43:37.920 --> 43:39.920]  We've got another hour and 15 minutes.
[43:39.920 --> 43:43.920]  We'll have the phone lines open all night.
[43:43.920 --> 43:47.920]  Give us a call, we'll be right back.
[43:47.920 --> 43:48.920]  I don't want to interrupt you there.
[43:48.920 --> 43:50.920]  I'm getting thunder in the background.
[43:50.920 --> 43:53.920]  So if I drop off, don't forget.
[43:53.920 --> 44:17.920]  Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by our store at 1904 Guadalupe Street, Sweet D here in Austin, Texas, find Brave New Books and Chase Bank to see all our fantastic health and wellness products with your very own eyes.
[44:17.920 --> 44:21.920]  Have a look at our miracle healing clay that started our adventure in alternative medicine.
[44:21.920 --> 44:29.920]  Take a peek at some of our other wonderful products including our Australian emu oil, lotion candles, olive oil soaps, and colloidal silver and gold.
[44:29.920 --> 44:36.920]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:36.920 --> 44:42.920]  That's 512-264-4043 naturespureorganics.com.
[44:42.920 --> 44:46.920]  Don't forget to like us on Facebook for information on events and our products.
[44:46.920 --> 45:00.920]  Naturespureorganics.com.
[45:00.920 --> 45:03.920]  Are you the plaintiff or defendant in a lawsuit?
[45:03.920 --> 45:14.920]  Win your case without an attorney with Juris Dictionary, the affordable, easy to understand, 4 CD course that will show you how in 24 hours, step by step.
[45:14.920 --> 45:18.920]  If you have a lawyer, know what your lawyer should be doing.
[45:18.920 --> 45:22.920]  If you don't have a lawyer, know what you should do for yourself.
[45:22.920 --> 45:27.920]  Thousands have won with our step by step course and now you can too.
[45:27.920 --> 45:33.920]  Juris Dictionary was created by a licensed attorney with 22 years of case winning experience.
[45:33.920 --> 45:42.920]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:42.920 --> 45:51.920]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics and much more.
[45:51.920 --> 46:13.920]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[46:13.920 --> 46:29.920]  Okay, we are back.
[46:29.920 --> 46:31.920]  Randy Kelton, Rule of Law Radio.
[46:31.920 --> 46:40.920]  And Franklin Marshall, it sounds like you know more about this area than I do.
[46:40.920 --> 46:44.920]  That's a scary idea.
[46:44.920 --> 46:46.920]  I'm limited.
[46:46.920 --> 46:51.920]  There are some things I know things about and some things I don't.
[46:51.920 --> 47:05.920]  I do this radio show and people keep asking me questions and I try to have answers but I have to be careful and watch myself so that I don't have inappropriate answers.
[47:05.920 --> 47:14.920]  Sometimes I have to be careful and make sure when I'm saying what I think as opposed to what I know.
[47:14.920 --> 47:19.920]  And in this case, you seem to know more about this.
[47:19.920 --> 47:23.920]  You have more specific knowledge about this than I do.
[47:23.920 --> 47:29.920]  Well, I appreciate your time to at least walk through the issues and flesh them out a little bit.
[47:29.920 --> 47:47.920]  Well, I'm glad to do it and I like it when somebody stumps the chump because it reminds me to be humble and not get the idea that I know more than I do.
[47:47.920 --> 47:53.920]  Well, some of the most important words in the English language is I don't know.
[47:53.920 --> 47:59.920]  Yes, I try to keep those close at hand.
[47:59.920 --> 48:00.920]  Okay, thank you, Marshall.
[48:00.920 --> 48:03.920]  This is good for me.
[48:03.920 --> 48:11.920]  I'm going to have to go digging on the restraining orders.
[48:11.920 --> 48:19.920]  Well, the reference I would point you to is winter versus natural resource defense counsel.
[48:19.920 --> 48:22.920]  Is that a Washington case?
[48:22.920 --> 48:24.920]  That's a Supreme Court case.
[48:24.920 --> 48:32.920]  555 US 7 in 2008.
[48:32.920 --> 48:33.920]  Wait a minute.
[48:33.920 --> 48:35.920]  Oh, 555 US 7.
[48:35.920 --> 48:36.920]  Okay.
[48:36.920 --> 48:37.920]  2008.
[48:37.920 --> 48:38.920]  Okay.
[48:38.920 --> 48:40.920]  Thank you very much.
[48:40.920 --> 48:41.920]  Have a good one.
[48:41.920 --> 48:45.920]  And keep us up to date on how this pans out.
[48:45.920 --> 48:46.920]  I will.
[48:46.920 --> 48:47.920]  Okay.
[48:47.920 --> 48:48.920]  Thank you, Marshall.
[48:48.920 --> 48:50.920]  Now we're going to Robin in Florida.
[48:50.920 --> 48:53.920]  Hello, Robin.
[48:53.920 --> 48:54.920]  Hello, Randy.
[48:53.920 --> 48:54.920]  Good evening.
[48:54.920 --> 48:56.920]  You can hear me okay?
[48:56.920 --> 48:58.920]  Yes, I can hear you fine.
[48:58.920 --> 48:59.920]  Oh, perfect.
[48:59.920 --> 49:00.920]  Good.
[49:00.920 --> 49:02.920]  I called you a couple weeks ago on the Friday.
[49:02.920 --> 49:05.920]  It was sort of late in the program, so I didn't get to really hash anything out with you.
[49:05.920 --> 49:12.920]  But basically, my issue is a foreclosure issue of my primary residence.
[49:12.920 --> 49:19.920]  There's a sale date for May the 13th, which is, I guess, Wednesday.
[49:19.920 --> 49:21.920]  Is this a first sale date?
[49:21.920 --> 49:23.920]  What's that?
[49:23.920 --> 49:26.920]  Is this a first sale date?
[49:26.920 --> 49:34.920]  No, this is the third sale date.
[49:34.920 --> 49:37.920]  One I canceled because of a bankruptcy.
[49:37.920 --> 49:40.920]  Well, a couple of canceled because of a bankruptcy.
[49:40.920 --> 49:43.920]  I filed a couple of skeletons in the past.
[49:43.920 --> 49:49.920]  Okay, in your bankruptcy, did you claim the property as unsecured?
[49:49.920 --> 49:55.920]  Actually, I had both of those dismissed, so I didn't get to that point.
[49:55.920 --> 50:04.920]  It was just basically to cancel the sales, and the cases got dismissed.
[50:04.920 --> 50:12.920]  Okay, have you done an examination of the documents in the public record?
[50:12.920 --> 50:16.920]  I mean, I haven't done an examination of them, no.
[50:16.920 --> 50:20.920]  I have those copies.
[50:20.920 --> 50:31.920]  Okay, you're in Florida, and one of the claims we make are claims concerning road ash fees.
[50:31.920 --> 50:41.920]  And the road ash case is out of Florida, where she stopped a foreclosure based on what she sued
[50:41.920 --> 50:49.920]  and won based on a $50 overcharge from the HUD-1 settlement statement.
[50:49.920 --> 50:53.920]  So that's a claim under RESPA?
[50:53.920 --> 50:57.920]  No.
[50:57.920 --> 51:02.920]  It can be under RESPA, but this is a fraud claim.
[51:02.920 --> 51:04.920]  Oh, okay.
[51:04.920 --> 51:09.920]  Just theft.
[51:09.920 --> 51:23.920]  The claim is substantiated by RESPA, but you're not attempting to exercise the remedy provided by RESPA.
[51:23.920 --> 51:28.920]  You only use RESPA to establish that the fees are fraudulent.
[51:28.920 --> 51:35.920]  At closing, did the lender provide documentation to show that the fees charged
[51:35.920 --> 51:45.920]  on the HUD-1 settlement statement were for services actually rendered, that the services were necessary,
[51:45.920 --> 51:54.920]  that the fees charged were not for items that are specifically forbidden by law to be charged,
[51:54.920 --> 52:00.920]  law specifically, RESPA, that the amounts charged were reasonable,
[52:00.920 --> 52:05.920]  that the vendor was a bona fide vendor and not a fiduciary,
[52:05.920 --> 52:14.920]  not a company belonging to one of your fiduciaries,
[52:14.920 --> 52:19.920]  and that the lender did not take an undisclosed markup on the amounts charged.
[52:19.920 --> 52:29.920]  Now, all of that's from RESPA, but that merely goes to Covenant 16 of the Deed of Trust.
[52:29.920 --> 52:41.920]  Or if it's a mortgage, it'll be 14, 15, 16, the applicable law and serviceability covenant.
[52:41.920 --> 52:50.920]  Under applicable law, both parties agree to abide by all law, all relevant law, RESPA's relevant law.
[52:50.920 --> 52:57.920]  You can cite RESPA as a contract violation and not try to invoke the remedy.
[52:57.920 --> 53:04.920]  If you try to invoke the remedy, then they will claim statute of limitations.
[53:04.920 --> 53:11.920]  The legislature set the limitations on the remedy they created so short as to make it worthless.
[53:11.920 --> 53:19.920]  However, the contract, the contractual violation, that's a whole other animal.
[53:19.920 --> 53:28.920]  So if you mention RESPA at all, they're going to try to remove it to the federal court and they're going to claim statute of limitations.
[53:28.920 --> 53:38.920]  So you need to state very clearly that your claim is one of breach of contract, the applicable law statute,
[53:38.920 --> 53:41.920]  in that they fail to abide by applicable law.
[53:41.920 --> 53:54.920]  And the way I've developed the claim is get an amortization tool, preferably a spreadsheet,
[53:54.920 --> 54:04.920]  where you can put in the principal interest date and it will run an amortization schedule on your note.
[54:04.920 --> 54:15.920]  Then go to line 1400 on the Hard One Settlement Statement and take that number, that's the sum of all of the fees charged.
[54:15.920 --> 54:23.920]  Sum up both column A and column B. These are fees charged.
[54:23.920 --> 54:31.920]  Ultimately, you pay all the fees, even if it states that the seller's paying the fee, that's horse manure.
[54:31.920 --> 54:37.920]  Whatever the seller has to pay in fees, he's going to add to the selling price, so you pay everything.
[54:37.920 --> 54:46.920]  So add them both together, subtract them from that amount from the first payment you make,
[54:46.920 --> 54:53.920]  and that'll decrease the principal by that amount, and then look at your amortization schedule.
[54:53.920 --> 54:56.920]  See where it goes to zero.
[54:56.920 --> 55:05.920]  First one I did this on was Steve Skidmore, $116,000 note at 6%.
[55:05.920 --> 55:09.920]  They charged him $12,000 on the Hard One Settlement Statement.
[55:09.920 --> 55:18.920]  When I took $12,000 off on the first payment, he would have paid off the note in 240 payments.
[55:18.920 --> 55:24.920]  So the last 10 years of paying on the note would have been overpayments.
[55:24.920 --> 55:34.920]  He would have overpaid the $116,000 note, $50,043.
[55:34.920 --> 55:41.920]  However, when you sue, you don't claim the amount you were actually defrauded of.
[55:41.920 --> 55:48.920]  In this case, the mortgage was only six years old.
[55:48.920 --> 55:55.920]  You claim the amount they would have defrauded you of had their plan ran to fruition the $50,000.
[55:55.920 --> 56:00.920]  But you don't sue for that amount, you sue for triple.
[56:00.920 --> 56:03.920]  He'll give you a claim in excess of the original amount.
[56:03.920 --> 56:11.920]  And if you look in RESPA, right at the end, I think it's one of the very last statutes in there,
[56:11.920 --> 56:15.920]  it goes to rescission after foreclosure.
[56:15.920 --> 56:20.920]  Once they had given you a notice of intent to foreclose,
[56:20.920 --> 56:29.920]  and you can show more than $35 fraudulent or unsubstantiated fees charged,
[56:29.920 --> 56:34.920]  the right to rescind is reinvigorated.
[56:34.920 --> 56:40.920]  We just had a Supreme Court ruling on rescission.
[56:40.920 --> 56:48.920]  When you file a notice of rescission, it is a notice, it is not a motion or a request.
[56:48.920 --> 56:51.920]  I did notice of rescission.
[56:51.920 --> 56:53.920]  And you've done that?
[56:53.920 --> 57:00.920]  I did it with three years because upon doing the timeline, which you told me to do,
[57:00.920 --> 57:05.920]  I went back and oh my gosh, my attorney at the time did file a notice of rescission
[57:05.920 --> 57:13.920]  right before the time of statute of limitations of three years, statute of limitations.
[57:13.920 --> 57:15.920]  And okay, hold on.
[57:15.920 --> 57:19.920]  Okay, I take it they're suing you for foreclosure.
[57:19.920 --> 57:21.920]  Correct, correct.
[57:21.920 --> 57:25.920]  Did you file a counterclaim?
[57:25.920 --> 57:27.920]  Yes, I did.
[57:27.920 --> 57:30.920]  And they were all struck down.
[57:30.920 --> 57:38.920]  Did you include the rescission claim?
[57:38.920 --> 57:39.920]  Did I do that?
[57:39.920 --> 57:42.920]  I don't think I put that in my counterclaim.
[57:42.920 --> 57:50.920]  Then amend your pleading based on new case law.
[57:50.920 --> 57:56.920]  That's probably the biggest thing you've got in there.
[57:56.920 --> 58:00.920]  Well, it's post-judgment now, so I'd have to file a new case, no?
[58:00.920 --> 58:03.920]  Just file a new suit.
[58:03.920 --> 58:04.920]  Okay, have they all?
[58:04.920 --> 58:06.920]  Okay.
[58:06.920 --> 58:07.920]  Oh, okay.
[58:07.920 --> 58:14.920]  That gets a little more difficult for us.
[58:14.920 --> 58:19.920]  When we come back on the other side, I'll think about this over the break, how to address that.
[58:19.920 --> 58:26.920]  This is Randy Kelton, Rue of La Radio, our call in number 512-646-1984,
[58:26.920 --> 58:29.920]  Charleston, Georgia, Ted in Washington.
[58:29.920 --> 58:31.920]  I see you there.
[58:31.920 --> 58:33.920]  We'll try to get to everyone.
[58:33.920 --> 58:49.920]  We'll be right back.
[59:03.920 --> 59:05.920]  We'll be right back.
[59:33.920 --> 59:40.920]  Call Bibles for America toll free at 888-551-0102.
[59:40.920 --> 59:44.920]  That's 888-551-0102.
[59:44.920 --> 59:52.920]  Or visit us online at bfa.org.
[59:52.920 --> 01:00:04.920]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:04.920 --> 01:00:09.920]  The following news flash is brought to you by the Lone Star Lowdown.
[01:00:09.920 --> 01:00:12.920]  Providing your daily bulletins for the commodities market.
[01:00:12.920 --> 01:00:24.920]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:24.920 --> 01:00:34.920]  Markets open up today with gold at $1,188.52 an ounce, silver $16.47 an ounce, Texas crude $58.94 a barrel,
[01:00:34.920 --> 01:00:44.920]  and Bitcoin is currently sitting at $245 U.S. currency.
[01:00:44.920 --> 01:00:55.920]  Today in history, Monday 8th, 1967, boxing champion Muhammad Ali is indicted for refusing induction into the U.S. Army's war effort in Vietnam just several days before on April 28th.
[01:00:55.920 --> 01:01:00.920]  Ali, a Muslim, cited religious reasons for his decision to forego military service, stating,
[01:01:00.920 --> 01:01:14.920]  quote, I ain't got no quarrel with those Viet Cong. He was immediately stripped of his heavyweight title.
[01:01:14.920 --> 01:01:23.920]  In recent news, rescuers of the Nepal earthquake are using a suitcase sized device that detects human breathing and heartbeats with microwave radar signals.
[01:01:23.920 --> 01:01:37.920]  The prototype device known as Finder, finding individuals for disaster and emergency response, has been helping search and rescue teams detect the heartbeats of survivors under as much as 10 feet of bricks, mud, and other debris in the town of Kutada.
[01:01:37.920 --> 01:01:46.920]  Finder Tech was first tested in the aftermath of the 2010 Haiti earthquake.
[01:01:46.920 --> 01:01:54.920]  Facebook's data science team wrote in a recent blog post, quote, News Feed surfaces content that is slightly more aligned with an individual's own ideology.
[01:01:54.920 --> 01:02:03.920]  However, the friends you choose and the content you click on are more of important factors in a News Feed ranking in terms of how much content you encounter that cuts across ideological lines.
[01:02:03.920 --> 01:02:12.920]  In short, if your Facebook News Feed seems to be an echo of your own posts and likes, you may want to like pages and befriend people who have different views than yours.
[01:02:12.920 --> 01:02:19.920]  Who knows, you might actually learn something new.
[01:02:19.920 --> 01:02:30.920]  According to a study published on Monday and the proceedings of the National Academy of Sciences highlights potential risks to underground drinking water from the drilling technique known as hydraulic fracturing or fracking.
[01:02:30.920 --> 01:02:42.920]  An analysis of drinking water sampled from three homes in Bradford County, Pennsylvania revealed traces of a compound commonly found in the Marcellus shale drilling fluid.
[01:02:42.920 --> 01:02:45.920]  Lone Star Lowdown is currently looking for sponsors.
[01:02:45.920 --> 01:02:52.920]  If you have a product or service that you'd like to advertise in the Lowdown, feel free to give us a call at 210-863-5617.
[01:02:52.920 --> 01:03:00.920]  This has been your Lowdown for May 8, 2013.
[01:03:22.920 --> 01:03:32.920]  Thank you very much.
[01:03:52.920 --> 01:03:54.920]  Okay, we are back.
[01:03:54.920 --> 01:03:56.920]  Brandon Kelton, Rue Law Radio.
[01:03:56.920 --> 01:03:59.920]  And we're talking to Robin in Florida.
[01:03:59.920 --> 01:04:02.920]  Okay, this is...
[01:04:02.920 --> 01:04:10.920]  Generally, they want you to make all your claims that you have in the case.
[01:04:10.920 --> 01:04:16.920]  So we have to figure out how to sneak...
[01:04:16.920 --> 01:04:18.920]  Oh, wait a minute. Wait a minute.
[01:04:18.920 --> 01:04:24.920]  You've already made the rescission claim.
[01:04:24.920 --> 01:04:26.920]  Okay.
[01:04:26.920 --> 01:04:32.920]  You didn't address the rescission claim at all in the...
[01:04:32.920 --> 01:04:34.920]  When was this?
[01:04:34.920 --> 01:04:36.920]  Hold on, hold on.
[01:04:36.920 --> 01:04:39.920]  How old is this note?
[01:04:39.920 --> 01:04:42.920]  This is from 2006.
[01:04:42.920 --> 01:04:47.920]  And the foreclosure was commenced January of 2009.
[01:04:47.920 --> 01:04:49.920]  Okay.
[01:04:49.920 --> 01:04:54.920]  The rescission still stands.
[01:04:54.920 --> 01:05:12.920]  I'm trying to think of if I was the lawyer on the other side and you tried to bring up the fact that you rescinded the note now at this late date in the foreclosure process, how would I argue against that?
[01:05:12.920 --> 01:05:21.920]  The rescission is a big deal. And when you did that, there wasn't much... there didn't have the law on it that we have now.
[01:05:21.920 --> 01:05:23.920]  Yeah, I know.
[01:05:23.920 --> 01:05:43.920]  But with this new case, you should be able to reinvigorate the rescission because the rescission made makes this whole case moot and renders the lender without subject matter jurisdiction...
[01:05:43.920 --> 01:05:54.920]  Without standing to invoke subject matter jurisdiction to the court and subject matter jurisdiction challenge can be made at any time no matter how remote in history.
[01:05:54.920 --> 01:06:01.920]  You should come back with a challenge subject matter jurisdiction based on the rescission.
[01:06:01.920 --> 01:06:03.920]  Okay.
[01:06:03.920 --> 01:06:06.920]  You think that's the best way to...
[01:06:06.920 --> 01:06:13.920]  Do I do that in the instant proceeding, this case, or is that a separate...
[01:06:13.920 --> 01:06:22.920]  Okay. You're at... Okay. You have an adjudication against you. Are they attempting to evict?
[01:06:22.920 --> 01:06:25.920]  No. Well, there's a sale date coming up Wednesday, the 13th.
[01:06:25.920 --> 01:06:30.920]  Oh, okay. Okay. That's right. You said it hasn't been sold yet. Good news.
[01:06:30.920 --> 01:06:37.920]  Notify the trustee that this note has been properly rescinded.
[01:06:37.920 --> 01:06:48.920]  The trustee is immune from suit so long as he acts in good faith.
[01:06:48.920 --> 01:07:13.920]  Once you send him a notice that the lender lacked standing to bring the foreclosure suit and that if he sells the property, he will be subject to suit himself, almost always they'll pull it the first time.
[01:07:13.920 --> 01:07:17.920]  Okay. Has this case been appealed?
[01:07:17.920 --> 01:07:19.920]  No.
[01:07:19.920 --> 01:07:27.920]  Okay. Have you moved for a restraining order? Have you given notice of intent to appeal?
[01:07:27.920 --> 01:07:33.920]  No. Well, I think I'm past the appeals window.
[01:07:33.920 --> 01:07:43.920]  Ooh. Okay. The only thing to do now then is file a challenge subject matter jurisdiction based on rescindion.
[01:07:43.920 --> 01:07:52.920]  Yeah. Well, I was thinking now is that a good chance they'll stop the sale? That's my main problem right now.
[01:07:52.920 --> 01:07:59.920]  Okay. No, wait. The sale is not your main problem. You do the red folder treatment at the sale.
[01:07:59.920 --> 01:08:14.920]  Go down to the sale, take a red folder with you and when they call your property, hold up the folder and tell them, tell everybody there's a claim against the property, buy the property, buy the claim.
[01:08:14.920 --> 01:08:26.920]  And only one time did somebody go ahead and buy the property and that was a property in Colorado and the person who bought it had owned it previously.
[01:08:26.920 --> 01:08:37.920]  So almost everyone will run like rabbits and even if they don't, they had not had notice so they can't claim lack of notice later.
[01:08:37.920 --> 01:08:45.920]  But the red folder treatment almost always stops the sale. Even if it doesn't, the lender will buy the property back.
[01:08:45.920 --> 01:09:01.920]  If the lender buys the property back, that's not a great problem because while the lender is in court with you, the court can restrain them from eviction.
[01:09:01.920 --> 01:09:08.920]  Well, let me ask you this about that because the judgment amount is for like double what the amount of the property is worth.
[01:09:08.920 --> 01:09:15.920]  So won't they start the sale at the amount of the judgment and the lender will just take it back anyway?
[01:09:15.920 --> 01:09:31.920]  Almost. No, they'll start the sale at whatever they can get for it and they'll claim the rest against you.
[01:09:31.920 --> 01:09:50.920]  Okay. But the rescission, if it was filed timely, then file a challenge subject matter jurisdiction.
[01:09:50.920 --> 01:10:01.920]  And they'll probably deny that and then appeal the subject matter jurisdiction challenge based on the timely rescission.
[01:10:01.920 --> 01:10:09.920]  Okay. So do you have an example of the subject matter jurisdiction challenge where I can get these?
[01:10:09.920 --> 01:10:26.920]  Yes, but mine will be based on Texas law, but it's probably easier to do a search, foreclosure, rescission, challenge subject matter jurisdiction.
[01:10:26.920 --> 01:10:31.920]  If you're in Florida, you'll get Florida hits on that.
[01:10:31.920 --> 01:10:41.920]  Anymore, I don't use Lexus. I don't use Westlaw. I use just Google or start page.
[01:10:41.920 --> 01:10:45.920]  I get better results. I get better on point hits.
[01:10:45.920 --> 01:11:06.920]  If you'll send me an email, Randy at ruleoflawradio.com, I will send you not only my challenge subject matter jurisdiction documents, but I'll also send you my subject matter jurisdiction folder with all my research in it.
[01:11:06.920 --> 01:11:16.920]  And the way you do that, you find good cases. A lot of these are federal, but subject matter jurisdiction is kind of universal.
[01:11:16.920 --> 01:11:26.920]  If you find a case that's really on point, then put in that case citation and then put Florida behind it.
[01:11:26.920 --> 01:11:33.920]  And what that'll do is find Florida cases that reference this case.
[01:11:33.920 --> 01:11:40.920]  Okay. So that's a good way to transfer. Okay. Go ahead.
[01:11:40.920 --> 01:11:55.920]  Great question about sales. Now, we have this online auction process here in Florida or in my county, South Florida Dade County. So I don't know if they have a physical auction.
[01:11:55.920 --> 01:12:03.920]  Yeah, I've heard that Florida uses an online auction. So they won't, so you do have a point there.
[01:12:03.920 --> 01:12:15.920]  So you can't do the, the only way you could do the red folder treatment is with the less pendants.
[01:12:15.920 --> 01:12:28.920]  So one way to do it. Okay. You only have a few days. You need to file a challenge subject matter jurisdiction and a less pendants.
[01:12:28.920 --> 01:12:40.920]  Okay. So a less pendants to them that I'm going to sue them based on these claims. Is that what you mean?
[01:12:40.920 --> 01:12:53.920]  The less pendants is a notice of claim. And you should sue them for three times the amount you paid them.
[01:12:53.920 --> 01:13:03.920]  And then the way I do it with the HUD one settlement statement, when I do it after full closure, I claim tender by set off.
[01:13:03.920 --> 01:13:14.920]  But in this case, tender will be, you tender the property back to them and they give you all of the money you paid them.
[01:13:14.920 --> 01:13:15.920]  Yes.
[01:13:15.920 --> 01:13:21.920]  Escrow taxes, interest, everything.
[01:13:21.920 --> 01:13:28.920]  Yeah. So it would be about a $300,000 claim at least.
[01:13:28.920 --> 01:13:39.920]  You're good. You may actually get it straight up. If you, if you raise this claim back in 06, they weren't, the courts just weren't enforcing anything.
[01:13:39.920 --> 01:13:51.920]  But since then, things have changed. And once the rescission was filed, the bank lost any claim against the property.
[01:13:51.920 --> 01:14:01.920]  Yeah. Or they lost any claim concerning the note. They had 20 days to rescind the property.
[01:14:01.920 --> 01:14:12.920]  Now, what the remedy is, what the penalty for not rescinding within 20 days, I'm not sure I'd have to research that out.
[01:14:12.920 --> 01:14:16.920]  But it does go to subject matter jurisdiction.
[01:14:16.920 --> 01:14:27.920]  Okay. Now, now rescission, if I'm understanding correctly, can be done within three years of the consummation of the note?
[01:14:27.920 --> 01:14:38.920]  Yes. It's three days or three years. I probably need to get you to talk to Leslie, who was on first, about the rescission.
[01:14:38.920 --> 01:14:43.920]  She rescinded her note within the three year time period.
[01:14:43.920 --> 01:14:46.920]  Yeah, I did as well.
[01:14:46.920 --> 01:14:50.920]  Are you, did you say you had a lawyer do the rescission?
[01:14:50.920 --> 01:14:55.920]  Yes, initially I had a lawyer. He did a notice of rescission and answered the complaint.
[01:14:55.920 --> 01:15:04.920]  He didn't do a notice of motion to dismiss to answer the complaint with a notice of rescission as a cover letter.
[01:15:04.920 --> 01:15:08.920]  Oh, wonderful. That should, okay.
[01:15:08.920 --> 01:15:13.920]  Yeah, that should go back to challenge subject matter jurisdiction now.
[01:15:13.920 --> 01:15:15.920]  Your lawyer shouldn't have answered the complaint.
[01:15:15.920 --> 01:15:25.920]  He should have noticed to rescind and challenge subject matter jurisdiction in the original plea, in his original answer.
[01:15:25.920 --> 01:15:30.920]  Yes, answer the discovery request.
[01:15:30.920 --> 01:15:38.920]  Okay, so now file, subject matter jurisdiction is about all you can file now because it's, you're after the appeal date.
[01:15:38.920 --> 01:15:40.920]  Yeah.
[01:15:40.920 --> 01:15:46.920]  How long after the appeal date are you? Over 30 days?
[01:15:46.920 --> 01:15:51.920]  Well, this, I've had a judgment on this for two years now.
[01:15:51.920 --> 01:15:55.920]  Oh, okay. So the case was over two years ago.
[01:15:55.920 --> 01:15:57.920]  As far as the judgment was filed, yes.
[01:15:57.920 --> 01:16:08.920]  Okay, file a new action. Let me think how to do this.
[01:16:08.920 --> 01:16:18.920]  Now, another thing I need to mention is there's a new attorney firm that came in and they filed a notice of replacement of counsel last year.
[01:16:18.920 --> 01:16:25.920]  And I filed a notice of dispute and I also filed respite with that attorney because I don't know who they are.
[01:16:25.920 --> 01:16:29.920]  And so I didn't do that. So I have.
[01:16:29.920 --> 01:16:37.920]  That doesn't apply here. They're not, technically they're not a debt collector.
[01:16:37.920 --> 01:16:39.920]  I thought they were.
[01:16:39.920 --> 01:16:43.920]  No, they're recovering collateral.
[01:16:43.920 --> 01:16:47.920]  So in this case, they're not a debt collector.
[01:16:47.920 --> 01:17:00.920]  Okay, hang on. We're about to go to break. Randy Kelton, we'll have our radio. We'll be right back.
[01:17:00.920 --> 01:17:03.920]  Chances are you've heard of My Magic Mud, but have you used it?
[01:17:03.920 --> 01:17:08.920]  Thousands of people are blown away by the clean and healthy feeling they experience after just one use.
[01:17:08.920 --> 01:17:12.920]  Here's what Harlan Dietrich, owner of Brave New Books, has to say about the product.
[01:17:12.920 --> 01:17:15.920]  Hey, everybody. This is Harlan Dietrich, owner of Brave New Books.
[01:17:15.920 --> 01:17:20.920]  Just want to tell everybody about My Magic Mud. I use the product and it makes my teeth feel clean and healthy.
[01:17:20.920 --> 01:17:24.920]  I think it makes them stronger. I've got lots of customers that come in and say the same thing.
[01:17:24.920 --> 01:17:26.920]  You can pick yours up at Brave New Books.
[01:17:26.920 --> 01:17:32.920]  If that wasn't enough, Dr. Griffin Cole, DDS, who's been featured on The Alex Jones Show, loves it too.
[01:17:32.920 --> 01:17:36.920]  Hi, I'm Dr. Griffin Cole and I've got to tell you, I really love this Magic Mud product.
[01:17:36.920 --> 01:17:42.920]  Because charcoal is so absorbent, it's very effective at taking off all the sticky plaque and debris that gets stuck on our teeth every day.
[01:17:42.920 --> 01:17:44.920]  I highly recommend My Magic Mud.
[01:17:44.920 --> 01:17:50.920]  If you haven't yet experienced My Magic Mud, it's never too late to brighten your smile and strengthen your teeth.
[01:17:50.920 --> 01:17:53.920]  Get your jar of My Magic Mud today at Brave New Books.
[01:17:53.920 --> 01:17:59.920]  Located at 1904 Guadalupe Street or order online today at MyMagicMud.com.
[01:18:00.920 --> 01:18:08.920]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination by delivering excellent customer service and outstanding value at an affordable price.
[01:18:08.920 --> 01:18:14.920]  We provide a wide assortment of favorite products featuring a great selection of high quality coins and precious metals.
[01:18:14.920 --> 01:18:18.920]  We cater to beginners in coin collecting as well as large transactions for investors.
[01:18:18.920 --> 01:18:23.920]  We believe in educating our customers with resources from top accredited metals dealers and journalists.
[01:18:23.920 --> 01:18:26.920]  If we don't have what you're looking for, we can find it.
[01:18:26.920 --> 01:18:31.920]  In addition, we carry popular young Jeopardy products such as Beyond Tangy Tangerine and Polynbers.
[01:18:31.920 --> 01:18:38.920]  We also offer One World Way, Mountain House Storable Foods, Berkey Water Products, ammunition at 10% above wholesale, and more.
[01:18:38.920 --> 01:18:42.920]  We broke through Metals IRA accounts and we also accept Bitcoins as payment.
[01:18:42.920 --> 01:18:45.920]  Call us at 512-646-6440.
[01:18:45.920 --> 01:18:50.920]  We're located at 7304 Burnet Road, Suite A, about a half mile south of Anderson.
[01:18:50.920 --> 01:18:53.920]  We're open Monday through Friday 10 to 6, Saturdays 10 to 2.
[01:18:53.920 --> 01:18:59.920]  Visit us at CapitalCoinandBullion.com or call 512-646-6440.
[01:18:59.920 --> 01:19:07.920]  This is the Logos Mofogos Radio Network.
[01:19:07.920 --> 01:19:34.920]  Okay, we are back.
[01:19:34.920 --> 01:19:40.920]  This is Randy Kelton, Rule of Law Radio, here with Robin in Florida.
[01:19:40.920 --> 01:19:49.920]  Okay, I can't think of anything else at this late date other than the subject matter jurisdiction challenge.
[01:19:49.920 --> 01:20:02.920]  And you might file a subject matter jurisdiction challenge in the original case and a petition for restraining order.
[01:20:02.920 --> 01:20:03.920]  Okay.
[01:20:03.920 --> 01:20:10.920]  And if you only have less than 15 days, a petition for emergency restraining order.
[01:20:10.920 --> 01:20:12.920]  You there?
[01:20:12.920 --> 01:20:15.920]  Yeah, I'm here.
[01:20:15.920 --> 01:20:20.920]  Yeah, I filed, also there was filed an assignment of mortgage from a defunct entity.
[01:20:20.920 --> 01:20:24.920]  You know how they always do in that post-petition.
[01:20:24.920 --> 01:20:27.920]  So I've got that claim as well.
[01:20:27.920 --> 01:20:33.920]  Have you, okay, was that adjudicated in the case?
[01:20:33.920 --> 01:20:43.920]  No, they just assigned the mortgage after my motion to dismiss.
[01:20:43.920 --> 01:20:51.920]  You know, they signed the mortgage from the dead entity to IndyMac, which was another dead entity,
[01:20:51.920 --> 01:20:56.920]  and then eventually substituted Deutsche Bank as the plaintiff.
[01:20:56.920 --> 01:21:01.920]  So dead entity to dead entity to Deutsche Bank.
[01:21:01.920 --> 01:21:02.920]  Okay.
[01:21:02.920 --> 01:21:05.920]  When did you have knowledge of this?
[01:21:05.920 --> 01:21:12.920]  I mean, that was, I mean, I didn't really know about the dead entity part.
[01:21:12.920 --> 01:21:15.920]  I just knew these, I mean.
[01:21:15.920 --> 01:21:16.920]  Okay.
[01:21:16.920 --> 01:21:17.920]  Wait a minute.
[01:21:17.920 --> 01:21:19.920]  That goes to fraud.
[01:21:19.920 --> 01:21:25.920]  So fraud is another thing that can be claimed at any time.
[01:21:25.920 --> 01:21:31.920]  Did you, were you listening at the beginning of the show when we talked about the Stern's case?
[01:21:31.920 --> 01:21:34.920]  Yes, yes, yes.
[01:21:34.920 --> 01:21:35.920]  Send me an email.
[01:21:35.920 --> 01:21:39.920]  I will send you the document that Leslie sent me.
[01:21:39.920 --> 01:21:42.920]  It has the supporting case law.
[01:21:42.920 --> 01:21:48.920]  Let me read the last part of it to you.
[01:21:48.920 --> 01:21:57.920]  Florida law provides that a judgment can be opened or vacated if it was obtained by fraud or if it is void,
[01:21:57.920 --> 01:22:02.920]  and also has a crime fraud exemption to the attorney-client privilege,
[01:22:02.920 --> 01:22:08.920]  which does not protect communications between a party and its attorney
[01:22:08.920 --> 01:22:14.920]  if the communication were made in furtherance of the preparation of,
[01:22:14.920 --> 01:22:19.920]  for the purpose of committing a crime or fraud,
[01:22:19.920 --> 01:22:22.920]  even if the crime or fraud is not consummated.
[01:22:22.920 --> 01:22:29.920]  Florida state, Florida statute section 90.502,
[01:22:29.920 --> 01:22:35.920]  as explained in First Union National Bank versus attorney,
[01:22:35.920 --> 01:22:43.920]  T-U-R-N-U-Y, 824 SO2D 172.
[01:22:43.920 --> 01:22:46.920]  If you'll send me an email, randy at realwellradio.com,
[01:22:46.920 --> 01:22:51.920]  I will send this article to you.
[01:22:51.920 --> 01:23:00.920]  This should set you on the path to filing a,
[01:23:00.920 --> 01:23:06.920]  Jeff Sedgwick is going to call in and dress me down for using the term fraud.
[01:23:06.920 --> 01:23:13.920]  I learned my lesson well.
[01:23:13.920 --> 01:23:17.920]  We don't want Jeff on us.
[01:23:17.920 --> 01:23:19.920]  He's got excellent information.
[01:23:19.920 --> 01:23:23.920]  Yes, he is. He does. He is great.
[01:23:23.920 --> 01:23:28.920]  I hope he's not listening because he'll get the big head.
[01:23:28.920 --> 01:23:31.920]  Yeah, I know there's older folks. They go to bed early.
[01:23:31.920 --> 01:23:36.920]  Okay. Get me an email. I'll send you a reference,
[01:23:36.920 --> 01:23:42.920]  subject matter jurisdiction, and I'll remember the Florida article.
[01:23:42.920 --> 01:23:45.920]  I'll get you this article.
[01:23:45.920 --> 01:23:47.920]  It'll give you a real good place to start.
[01:23:47.920 --> 01:23:50.920]  You file a challenge subject matter jurisdiction
[01:23:50.920 --> 01:23:56.920]  and petition for emergency restraining order.
[01:23:56.920 --> 01:23:59.920]  I have some emergency restraining orders.
[01:23:59.920 --> 01:24:03.920]  I'm going to dig one of those out, but they're based on Texas law.
[01:24:03.920 --> 01:24:09.920]  Do you have in Florida, or you have them,
[01:24:09.920 --> 01:24:17.920]  do you know what the most popular litigation guide is?
[01:24:17.920 --> 01:24:19.920]  I have a Florida litigation guide,
[01:24:19.920 --> 01:24:24.920]  but it's an online version given out by an attorney.
[01:24:24.920 --> 01:24:28.920]  You've probably got publishing companies that produce litigation guides.
[01:24:28.920 --> 01:24:32.920]  We have O'Connor's here, Desarnio's,
[01:24:32.920 --> 01:24:35.920]  and there's one more that's not used a lot.
[01:24:35.920 --> 01:24:39.920]  Do a search for Florida litigation guides.
[01:24:39.920 --> 01:24:47.920]  You can probably find a set of forms.
[01:24:47.920 --> 01:24:55.920]  It is very important that you use the forms that are in your local litigation guides.
[01:24:55.920 --> 01:25:00.920]  Reason being is the courts are used to seeing those.
[01:25:00.920 --> 01:25:03.920]  A friend of mine, Ken Magnuson, he's on the show every once in a while.
[01:25:03.920 --> 01:25:06.920]  He needed a petition for a temporary restraining order.
[01:25:06.920 --> 01:25:10.920]  He wrote one, sent it to me, asked me what I thought,
[01:25:10.920 --> 01:25:13.920]  and I said, it's a piece of crap, Ken.
[01:25:13.920 --> 01:25:15.920]  And he said, you think you can do better?
[01:25:15.920 --> 01:25:16.920]  I said, darn right I can.
[01:25:16.920 --> 01:25:18.920]  So I gave him one. He went to court.
[01:25:18.920 --> 01:25:21.920]  He won his temporary restraining order.
[01:25:21.920 --> 01:25:25.920]  He came out, the lawyer came out and said, are you an attorney?
[01:25:25.920 --> 01:25:27.920]  And he said, no, but my brother is.
[01:25:27.920 --> 01:25:30.920]  Did you write this? He said, well, I had some help.
[01:25:30.920 --> 01:25:35.920]  The attorney said, that is very good.
[01:25:35.920 --> 01:25:38.920]  And Ken told me that and I'm thinking, what the heck?
[01:25:38.920 --> 01:25:41.920]  What is going on here?
[01:25:41.920 --> 01:25:47.920]  I took that right out of O'Connor's forms and filled in the blanks.
[01:25:47.920 --> 01:25:51.920]  So why did this lawyer think it was very good?
[01:25:51.920 --> 01:25:54.920]  It's because he was a young lawyer.
[01:25:54.920 --> 01:26:03.920]  He looked at this petition and it looked exactly like the ones they used.
[01:26:03.920 --> 01:26:09.920]  Reason being, everybody uses the standard form that the local litigation guide uses.
[01:26:09.920 --> 01:26:11.920]  So the judge gets the document.
[01:26:11.920 --> 01:26:14.920]  He sees everything where he expects to see it.
[01:26:14.920 --> 01:26:17.920]  He sees the common case law where he expects to see it.
[01:26:17.920 --> 01:26:20.920]  You don't have to pay any attention to that.
[01:26:20.920 --> 01:26:23.920]  He only has to go to the meat of the motion.
[01:26:23.920 --> 01:26:26.920]  Does this make sense, Robin?
[01:26:26.920 --> 01:26:28.920]  Yes.
[01:26:28.920 --> 01:26:35.920]  Never craft a motion or pleading from scratch.
[01:26:35.920 --> 01:26:45.920]  Always find either litigation guide or plagiarize the crapola out of one that a lawyer has done.
[01:26:45.920 --> 01:26:51.920]  Go down to the court and ask the clerks,
[01:26:51.920 --> 01:27:01.920]  can you guys find me a case with a petition for emergency restraining order in it?
[01:27:01.920 --> 01:27:05.920]  Clerks, actual people, never mess with the clerks.
[01:27:05.920 --> 01:27:08.920]  Clerks, they're your buddies.
[01:27:08.920 --> 01:27:13.920]  If you're nice to the clerks, they'll bend over backwards to be nice to you.
[01:27:13.920 --> 01:27:22.920]  So the first legal research I did was at the courthouse looking at documents lawyers have filed.
[01:27:22.920 --> 01:27:31.920]  So go down to the courthouse where you're going to file this and see if you can find an emergency restraining order in a foreclosure case,
[01:27:31.920 --> 01:27:37.920]  and you'll get 99% of what you need.
[01:27:37.920 --> 01:27:39.920]  Okay.
[01:27:39.920 --> 01:27:40.920]  Okay.
[01:27:40.920 --> 01:27:42.920]  We'll do this. Appreciate it.
[01:27:42.920 --> 01:27:46.920]  Okay. Give me that email and I'll send you my stuff.
[01:27:46.920 --> 01:27:49.920]  Okay. Send it in right over. Appreciate it, Randy.
[01:27:49.920 --> 01:27:51.920]  Okey-doke. Bye-bye.
[01:27:51.920 --> 01:27:55.920]  Okay. Now we're going to Charles in Georgia.
[01:27:55.920 --> 01:27:57.920]  How's it going, Randy?
[01:27:57.920 --> 01:28:02.920]  It's going good. And luckily, my producer here, he's from Georgia.
[01:28:02.920 --> 01:28:11.920]  So when you start speaking in that strange foreign dialect those folks in Georgia speak, he'll be able to interpret.
[01:28:11.920 --> 01:28:19.920]  Well, I'm from the city of Detroit. I moved here three years ago, so I don't have that strange dialect.
[01:28:19.920 --> 01:28:22.920]  You don't even speak the language.
[01:28:22.920 --> 01:28:25.920]  No. No. Not at all. Not at all.
[01:28:25.920 --> 01:28:35.920]  Okay. I'm from Tennessee, and we talk Hillbilly in Tennessee, but they talk something else in Georgia.
[01:28:35.920 --> 01:28:43.920]  Well, I tell you what, these judges talk about a whole different language in itself as well.
[01:28:43.920 --> 01:28:51.920]  Okay. Now enough picking on our producer. What can I do for you today?
[01:28:51.920 --> 01:28:59.920]  Okay. I have a friend who's gotten three judges to recuse themselves from a case
[01:28:59.920 --> 01:29:08.920]  because of paperwork that he filed against them that had the IRS involved in sending 1099s to three judges.
[01:29:08.920 --> 01:29:17.920]  He finally ran into a fourth judge here that just, he told him to stop filing paperwork,
[01:29:17.920 --> 01:29:21.920]  or he's going to throw them in jail. And he put a piece of paper in front of them.
[01:29:21.920 --> 01:29:24.920]  Oh, hold on.
[01:29:24.920 --> 01:29:26.920]  Yeah.
[01:29:26.920 --> 01:29:29.920]  Okay. He's in the state jail?
[01:29:29.920 --> 01:29:32.920]  He is in the county jail now.
[01:29:32.920 --> 01:29:42.920]  Okay. He needs to petition the fed. He needs to contact the feds.
[01:29:42.920 --> 01:29:47.920]  Hold on. We'll be right back. We're about to go to break, and I can't see my clock.
[01:29:47.920 --> 01:29:50.920]  Oh, there we go. I got 12 seconds. Okay. Hang on, Charles.
[01:29:50.920 --> 01:29:53.920]  We're about to go to break.
[01:29:53.920 --> 01:30:00.920]  We'll be right back.
[01:30:00.920 --> 01:30:04.920]  There are plenty of tips for living longer. You've probably heard most of them.
[01:30:04.920 --> 01:30:11.920]  Give up smoking, exercise, yada, yada. But now there's a happy, pain-free method for increasing your survival.
[01:30:11.920 --> 01:30:15.920]  I'm Dr. Catherine Albrecht, and I'll share the secret in just a moment.
[01:30:15.920 --> 01:30:20.920]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:20.920 --> 01:30:25.920]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.920 --> 01:30:30.920]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.920 --> 01:30:33.920]  Privacy, it's worth hanging on to.
[01:30:33.920 --> 01:30:40.920]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:40.920 --> 01:30:44.920]  Start over with StartPage.
[01:30:44.920 --> 01:30:49.920]  Here's a tip for living longer that doesn't require hard work or giving up a guilty pleasure.
[01:30:49.920 --> 01:30:52.920]  In fact, it should bring you hours of leisurely joy.
[01:30:52.920 --> 01:30:55.920]  Make social connections, the more the better.
[01:30:55.920 --> 01:31:00.920]  A recent Brigham Young University study shows that connecting with family, friends, neighbors, and colleagues
[01:31:00.920 --> 01:31:04.920]  can increase your odds of survival by at least 50 percent.
[01:31:04.920 --> 01:31:08.920]  And people of all ages benefit from social interactions, not just the elderly.
[01:31:08.920 --> 01:31:14.920]  Relationships may offer life-extending benefits because they give people purpose and a sense of responsibility for others.
[01:31:14.920 --> 01:31:18.920]  Researchers say it follows that people then take better care of themselves.
[01:31:18.920 --> 01:31:23.920]  So here's to a life blessed with plenty of life-enhancing social connections.
[01:31:23.920 --> 01:31:30.920]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.920 --> 01:31:35.920]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.920 --> 01:31:37.920]  The government says that fire brought it down.
[01:31:37.920 --> 01:31:42.920]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.920 --> 01:31:45.920]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.920 --> 01:31:48.920]  Thousands of my fellow first responders are dying.
[01:31:48.920 --> 01:31:49.920]  I'm not a conspiracy theorist.
[01:31:49.920 --> 01:31:50.920]  I'm a structural engineer.
[01:31:50.920 --> 01:31:51.920]  I'm a New York City correctional.
[01:31:51.920 --> 01:31:52.920]  I'm an Air Force pilot.
[01:31:52.920 --> 01:31:54.920]  I'm a father who lost his son.
[01:31:54.920 --> 01:31:57.920]  We're Americans, and we deserve the truth.
[01:31:57.920 --> 01:32:00.920]  Go to RememberBuilding7.org today.
[01:32:00.920 --> 01:32:02.920]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.920 --> 01:32:05.920]  Did your home receive hail or wind damage from the recent storms?
[01:32:05.920 --> 01:32:10.920]  Come on, we all know the government caused it with their chemtrails, but good luck getting them to pay for it.
[01:32:10.920 --> 01:32:13.920]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:13.920 --> 01:32:20.920]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
[01:32:20.920 --> 01:32:25.920]  And we accept Bitcoin as a multiyear A-plus member of the Better Business Bureau with zero complaints.
[01:32:25.920 --> 01:32:31.920]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:31.920 --> 01:32:37.920]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:37.920 --> 01:32:44.920]  Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:44.920 --> 01:32:49.920]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:49.920 --> 01:32:55.920]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:55.920 --> 01:32:57.920]  Discounts are based on full roof replacement.
[01:32:57.920 --> 01:33:00.920]  May not actually be kidding about chemtrails.
[01:33:00.920 --> 01:33:10.920]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:10.920 --> 01:33:33.920]  Okay, we are back. We're in Shelton. We have our radio here with Charles in Georgia.
[01:33:33.920 --> 01:33:48.920]  Okay, so the guy's being held and did they declare any of the documentation that he filed as frivolous?
[01:33:48.920 --> 01:33:52.920]  No, they haven't declared it frivolous. They haven't declared anything.
[01:33:52.920 --> 01:34:00.920]  They just threw him in jail when he refused to sign the contract or whatever this piece of paper was,
[01:34:00.920 --> 01:34:05.920]  saying that he would not file any more documents against the judge.
[01:34:05.920 --> 01:34:10.920]  No, not against the judge, just file any more documents, period.
[01:34:10.920 --> 01:34:20.920]  Okay, let's back up. What were the nature of the documents that he was filing?
[01:34:20.920 --> 01:34:32.920]  Well, let me back up and save a little time here. Was he filing liens against public officials?
[01:34:32.920 --> 01:34:34.920]  Yes.
[01:34:34.920 --> 01:34:49.920]  Oh. We have new laws in Texas on that issue. Do they have new laws in Georgia on the issue?
[01:34:49.920 --> 01:34:57.920]  That I do not know, but I do know that the three judges previously that recused themselves from his case,
[01:34:57.920 --> 01:35:03.920]  recused themselves, so they didn't, obviously they didn't, if there was some kind of law,
[01:35:03.920 --> 01:35:08.920]  the other three would have threw him directly in jail, I assume, but I don't know that.
[01:35:08.920 --> 01:35:20.920]  If he followed the procedures, it's the application of the Uniform Commercial Code
[01:35:20.920 --> 01:35:30.920]  in a way that was never envisioned by the crafters of the code, and that's what's given everyone the problem.
[01:35:30.920 --> 01:35:40.920]  You know, we had the Republic of Texas group here that was filing liens against public officials,
[01:35:40.920 --> 01:35:45.920]  and it made them crazy because they were technically doing it legally.
[01:35:45.920 --> 01:35:47.920]  Yes.
[01:35:47.920 --> 01:36:02.920]  But the legislature passed 51901 through 51903, Texas Government Code, that essentially made it such that
[01:36:02.920 --> 01:36:14.920]  the liens could be removed, and then they passed 32.51, I believe, that made it a felony to file a lien of this nature.
[01:36:14.920 --> 01:36:25.920]  It was a statute specifically crafted to solve this problem with these liens against public officials.
[01:36:25.920 --> 01:36:32.920]  Do you know if Georgia passed a similar statute?
[01:36:32.920 --> 01:36:39.920]  Not to my knowledge, but I'm getting information that he filed a Form 56 on the judge.
[01:36:39.920 --> 01:36:41.920]  Does that ring a bell to you?
[01:36:41.920 --> 01:36:45.920]  No. That sounds like IRS form?
[01:36:45.920 --> 01:36:53.920]  Yes. He held the judge, the judiciary, of his bond.
[01:36:53.920 --> 01:37:02.920]  Okay. This goes to the commercial process.
[01:37:02.920 --> 01:37:13.920]  I have never had anyone demonstrate to me that they ever achieved remedy using this commercial process.
[01:37:13.920 --> 01:37:15.920]  Okay. Okay.
[01:37:15.920 --> 01:37:19.920]  I did a show with Winston Shroud.
[01:37:19.920 --> 01:37:24.920]  Pastor Massad set me up for this. Pastor Massad hosts Winston Shroud's show.
[01:37:24.920 --> 01:37:28.920]  He's one of the first guys to come out with the commercial process,
[01:37:28.920 --> 01:37:34.920]  and he's talking about what all he's doing and the 31 bankruptcy and such,
[01:37:34.920 --> 01:37:42.920]  and I asked him, I said, Mr. Shroud, I am a creature of statute.
[01:37:42.920 --> 01:37:49.920]  Where can I find the statute or case law in support of your position?
[01:37:49.920 --> 01:37:53.920]  He said, well, I don't know that there is any.
[01:37:53.920 --> 01:37:57.920]  I said, well, where did you come up with this?
[01:37:57.920 --> 01:38:01.920]  He said, well, I figured it out.
[01:38:01.920 --> 01:38:02.920]  You figured it out.
[01:38:02.920 --> 01:38:07.920]  So in effect, you're saying you're the process, you made it up.
[01:38:07.920 --> 01:38:13.920]  And to his credit, thought a minute, and then he said, well, yes, as a matter of fact, I did.
[01:38:13.920 --> 01:38:19.920]  I said, Winston, I can't go into court without I made it up.
[01:38:19.920 --> 01:38:21.920]  Right. Right.
[01:38:21.920 --> 01:38:26.920]  This is a problem people are having following the commercial process.
[01:38:26.920 --> 01:38:37.920]  It may be correct, but I have never had anybody be able to take me to these places in code.
[01:38:37.920 --> 01:38:42.920]  I'm an engineer, so all engineers know how to do is connect dots.
[01:38:42.920 --> 01:38:47.920]  We don't really have opinions or philosophies.
[01:38:47.920 --> 01:38:49.920]  We just connect dots.
[01:38:49.920 --> 01:38:54.920]  And when people start explaining the commercial process to me,
[01:38:54.920 --> 01:39:01.920]  and you might appreciate I've had a lot of people try to explain the commercial process to me,
[01:39:01.920 --> 01:39:09.920]  always we come to hard places and they jump over this empty place.
[01:39:09.920 --> 01:39:13.920]  And I say, whoa, hold on, back up.
[01:39:13.920 --> 01:39:16.920]  I can't get past this.
[01:39:16.920 --> 01:39:22.920]  And always we have places where they just make unstated presuppositions.
[01:39:22.920 --> 01:39:24.920]  I can't get past them.
[01:39:24.920 --> 01:39:31.920]  I never have gotten an effective explanation of the commercial process.
[01:39:31.920 --> 01:39:39.920]  I have been called around the country to get people out of jail for following the commercial process.
[01:39:39.920 --> 01:39:48.920]  So I don't know if it's right or not, but I do know it'll get you put in jail.
[01:39:48.920 --> 01:39:54.920]  Like I say, three judges did recuse themselves of the case because of what he did file,
[01:39:54.920 --> 01:39:59.920]  and this fourth one just decided, you know what, don't file any more paperwork in this court.
[01:39:59.920 --> 01:40:05.920]  You sign this, and what we'll do is we'll let you continue to be out of jail.
[01:40:05.920 --> 01:40:08.920]  If you don't sign it, what we'll do is we'll just put you in jail.
[01:40:08.920 --> 01:40:13.920]  The bond is still intact, and there's no charge.
[01:40:13.920 --> 01:40:16.920]  The judge has just thrown him in jail.
[01:40:16.920 --> 01:40:19.920]  So we're trying to figure out.
[01:40:19.920 --> 01:40:22.920]  My real question is, can he do that?
[01:40:22.920 --> 01:40:26.920]  And obviously, because he did, but can he legally do that?
[01:40:26.920 --> 01:40:29.920]  Can he legally do that? No.
[01:40:29.920 --> 01:40:38.920]  The Constitution specifically forbids the government from interfering with private contracts.
[01:40:38.920 --> 01:40:44.920]  The judge threw this guy in jail for not voluntarily entering into a contract.
[01:40:44.920 --> 01:40:46.920]  Correct.
[01:40:46.920 --> 01:40:51.920]  That should go to a federal due process suit.
[01:40:51.920 --> 01:40:54.920]  Does that require a mandamus?
[01:40:54.920 --> 01:41:01.920]  No. It may involve a mandamus.
[01:41:01.920 --> 01:41:08.920]  The mandamus would be, you file the federal suit and ask for a mandamus
[01:41:08.920 --> 01:41:15.920]  ordering the court to release you pending the resolution of this case.
[01:41:15.920 --> 01:41:21.920]  Oh, not mandamus, habeas. This is habeas.
[01:41:21.920 --> 01:41:24.920]  Okay, this is just regular habeas. Okay, we've got one of those.
[01:41:24.920 --> 01:41:28.920]  This goes directly to habeas.
[01:41:28.920 --> 01:41:35.920]  But the rule is, file against the feds in the state and the state in the feds.
[01:41:35.920 --> 01:41:44.920]  This absolutely should be a federal habeas.
[01:41:44.920 --> 01:41:47.920]  Okay, that.
[01:41:47.920 --> 01:41:52.920]  Okay, how good is your friend on writing legal documents?
[01:41:52.920 --> 01:41:57.920]  He's wonderful. Like I say, he's gotten three judges to recuse himself.
[01:41:57.920 --> 01:42:00.920]  Yeah, he's got himself in jail, too.
[01:42:00.920 --> 01:42:04.920]  Well, the fourth one did put him in jail, but he is pretty good at writing.
[01:42:04.920 --> 01:42:13.920]  Okay, what I'm getting at is, is he good at legal documents within the current system?
[01:42:13.920 --> 01:42:19.920]  How good is he with statute and case law?
[01:42:19.920 --> 01:42:24.920]  He's good. He's not like you, but he's good. But he's in jail.
[01:42:24.920 --> 01:42:29.920]  Yeah, he's in jail.
[01:42:29.920 --> 01:42:37.920]  He hasn't assigned, I don't think he's assigned anyone special master or anything like that,
[01:42:37.920 --> 01:42:40.920]  but he had a lawyer that we fired.
[01:42:40.920 --> 01:42:45.920]  So now he's depending on us on the outside, not as, of course, not as lawyers,
[01:42:45.920 --> 01:42:49.920]  but to file something on his behalf.
[01:42:49.920 --> 01:42:55.920]  Okay, habeas is what needs to be filed.
[01:42:55.920 --> 01:43:07.920]  Look in, do a search on the internet in Georgia for Georgia litigation guide.
[01:43:07.920 --> 01:43:14.920]  Do you know, this is a little, I would say go down to the court and find a similar habeas.
[01:43:14.920 --> 01:43:25.920]  Go down to the court and ask the clerks to find you a habeas.
[01:43:25.920 --> 01:43:30.920]  A habeas based on due process, not a civil habeas.
[01:43:30.920 --> 01:43:37.920]  And that will give you the structure.
[01:43:37.920 --> 01:43:42.920]  I'm trying to think if I have a federal habeas.
[01:43:42.920 --> 01:43:48.920]  Hang on, we'll pick this up on the other side.
[01:43:48.920 --> 01:43:52.920]  My clock is confusing. Oh, nine seconds there. I'm looking at the wrong place.
[01:43:52.920 --> 01:43:59.920]  Hang on, we'll be right back.
[01:43:59.920 --> 01:44:03.920]  You feel tired when talking about important topics like money and politics?
[01:44:03.920 --> 01:44:04.920]  Boring!
[01:44:04.920 --> 01:44:06.920]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:06.920 --> 01:44:07.920]  What?
[01:44:07.920 --> 01:44:12.920]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.920 --> 01:44:15.920]  Hi, my name is Steve Holt, and like millions of other Americans,
[01:44:15.920 --> 01:44:18.920]  I was diagnosed with stupidity at an early age.
[01:44:18.920 --> 01:44:24.920]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[01:44:24.920 --> 01:44:29.920]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[01:44:29.920 --> 01:44:35.920]  The staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports zombieism recover.
[01:44:35.920 --> 01:44:42.920]  And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested.
[01:44:42.920 --> 01:44:49.920]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503
[01:44:49.920 --> 01:44:54.920]  or visit them at 1904Guadalupe or bravenewbookstore.com.
[01:44:54.920 --> 01:44:57.920]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary
[01:44:57.920 --> 01:45:00.920]  and an overall increase in mental functioning.
[01:45:00.920 --> 01:45:03.920]  Are you the plaintiff or defendant in a lawsuit?
[01:45:03.920 --> 01:45:10.920]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[01:45:10.920 --> 01:45:14.920]  that will show you how in 24 hours, step-by-step.
[01:45:14.920 --> 01:45:18.920]  If you have a lawyer, know what your lawyer should be doing.
[01:45:18.920 --> 01:45:22.920]  If you don't have a lawyer, know what you should do for yourself.
[01:45:22.920 --> 01:45:27.920]  Thousands have won with our step-by-step course, and now you can too.
[01:45:27.920 --> 01:45:33.920]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:33.920 --> 01:45:38.920]  Even if you're not in a lawsuit, you can learn what everyone should understand
[01:45:38.920 --> 01:45:42.920]  about the principles and practices that control our American courts.
[01:45:42.920 --> 01:45:51.920]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[01:45:51.920 --> 01:46:00.920]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[01:46:22.920 --> 01:46:24.920]  Okay, we are back.
[01:46:24.920 --> 01:46:30.920]  Randy Kelton, Rule of Law Radio, and we're talking to Charles in Georgia.
[01:46:30.920 --> 01:46:34.920]  Charles, your friend is being held.
[01:46:34.920 --> 01:46:42.920]  What is the original charge against him for which he was out on bond?
[01:46:42.920 --> 01:46:48.920]  The original charge was some kind of a drug possession,
[01:46:48.920 --> 01:46:52.920]  some kind of marijuana possession, something to that effect.
[01:46:52.920 --> 01:46:55.920]  Okay.
[01:46:55.920 --> 01:47:08.920]  I take it they put him back in jail based on a breach of the bond conditions.
[01:47:08.920 --> 01:47:13.920]  So far they haven't told him, or they won't give us, and it's not on any docket,
[01:47:13.920 --> 01:47:19.920]  it's not in any press files of what he's being thrown back in jail for.
[01:47:19.920 --> 01:47:22.920]  Was there a bail revocation hearing?
[01:47:22.920 --> 01:47:24.920]  No.
[01:47:24.920 --> 01:47:28.920]  Now you have, this is habeas corpus.
[01:47:28.920 --> 01:47:30.920]  Okay.
[01:47:30.920 --> 01:47:38.920]  And it sounds like habeas, that he's being held because he wouldn't contract with them.
[01:47:38.920 --> 01:47:46.920]  And if this guy's good with the commercial process, he'll understand this part.
[01:47:46.920 --> 01:47:50.920]  This was, they tried to force him into a contract, but he wouldn't.
[01:47:50.920 --> 01:47:55.920]  They're punishing him for not entering into the contract with him.
[01:47:55.920 --> 01:47:59.920]  So do some research on habeas, Georgia.
[01:47:59.920 --> 01:48:07.920]  Make sure you go down to the district court and get a copy of a habeas that has been filed.
[01:48:07.920 --> 01:48:13.920]  That'll give you the form, that'll give you 90% of the case law you need.
[01:48:13.920 --> 01:48:18.920]  You might ask for as many habeas as they can find.
[01:48:18.920 --> 01:48:25.920]  Generally they have a docket, and nowadays it's mostly an electronic docket,
[01:48:25.920 --> 01:48:33.920]  and ask them if they can search their docket sheets by habeas, by filings,
[01:48:33.920 --> 01:48:39.920]  and ask for them to look up habeas and get several of them and read them.
[01:48:39.920 --> 01:48:45.920]  After you've read two or three of them, it'll be clear how to put it together.
[01:48:45.920 --> 01:48:50.920]  Yeah, the way they do it now, they let you go in there and you can search for different cases,
[01:48:50.920 --> 01:48:53.920]  and you can research it yourself.
[01:48:53.920 --> 01:48:58.920]  Yeah, but generally you can only search for a case number.
[01:48:58.920 --> 01:49:03.920]  And you do a search for a certain kind of document pleading.
[01:49:03.920 --> 01:49:10.920]  Yes, we can search for any kind of pleading.
[01:49:10.920 --> 01:49:15.920]  Man, you guys are high-tech hillbillies.
[01:49:15.920 --> 01:49:18.920]  Yeah, right over here in Kyle County.
[01:49:18.920 --> 01:49:22.920]  These are the suburb hillbillies here.
[01:49:22.920 --> 01:49:25.920]  That's wonderful. I wish we had that here.
[01:49:25.920 --> 01:49:29.920]  Yeah, so go in and pull down a few habeas and read them.
[01:49:29.920 --> 01:49:32.920]  After you've read two or three, it'll become clear.
[01:49:32.920 --> 01:49:36.920]  You'll have 90% of all your case law in there.
[01:49:36.920 --> 01:49:38.920]  Okay.
[01:49:38.920 --> 01:49:43.920]  Look for being held without charge.
[01:49:43.920 --> 01:49:47.920]  Yeah. Yeah, he went to court, and they showed up,
[01:49:47.920 --> 01:49:49.920]  and they put this piece of paper in front of him, told him to sign it,
[01:49:49.920 --> 01:49:52.920]  and basically they put him in jail because he wouldn't sign it.
[01:49:52.920 --> 01:49:57.920]  He wasn't going to stop filing any documents or anything like that.
[01:49:57.920 --> 01:50:03.920]  That's a good for habeas, and it should be a federal habeas.
[01:50:03.920 --> 01:50:05.920]  Federal habeas.
[01:50:05.920 --> 01:50:09.920]  Yeah, don't file it in the state court.
[01:50:09.920 --> 01:50:12.920]  Okay, that is great information that we already have.
[01:50:12.920 --> 01:50:16.920]  We have drawn up a habeas court petition here,
[01:50:16.920 --> 01:50:18.920]  but I think what we'll do is we might go back to the drawing board,
[01:50:18.920 --> 01:50:20.920]  just from what you said.
[01:50:20.920 --> 01:50:26.920]  Yeah, do not draw one up from scratch, and be careful of the language you use.
[01:50:26.920 --> 01:50:30.920]  Don't use any patriot mythology language.
[01:50:30.920 --> 01:50:31.920]  Okay.
[01:50:31.920 --> 01:50:37.920]  The only way you want the court to know that a lawyer didn't file this
[01:50:37.920 --> 01:50:41.920]  is that it doesn't have a lawyer's signature at the end.
[01:50:41.920 --> 01:50:42.920]  Okay.
[01:50:42.920 --> 01:50:50.920]  And it's all about not invoking an unintentional bias on the part of your reader.
[01:50:50.920 --> 01:50:51.920]  Okay.
[01:50:51.920 --> 01:50:57.920]  So look through the records, find the nicest looking habeas you can find,
[01:50:57.920 --> 01:51:02.920]  and copy it as close as possible.
[01:51:02.920 --> 01:51:04.920]  Okay, we will do that.
[01:51:04.920 --> 01:51:06.920]  I have one more question.
[01:51:06.920 --> 01:51:07.920]  Well, let's real quick.
[01:51:07.920 --> 01:51:10.920]  I need the U.S. Code.
[01:51:10.920 --> 01:51:16.920]  These people are charging me $6 a page for a transcript for my own motion
[01:51:16.920 --> 01:51:21.920]  for a new trial and my own direct appeal.
[01:51:21.920 --> 01:51:31.920]  And I know as a, you know, as a, you know, as I'm representing myself.
[01:51:31.920 --> 01:51:37.920]  Have you filed, okay, have you filed for informed paupress?
[01:51:37.920 --> 01:51:39.920]  Yes, well, yes.
[01:51:39.920 --> 01:51:42.920]  Have you granted informed paupress?
[01:51:42.920 --> 01:51:43.920]  Yes.
[01:51:43.920 --> 01:51:49.920]  Actually, I've also filed, they've actually given me a court of point now.
[01:51:49.920 --> 01:51:51.920]  So I've filed for that.
[01:51:51.920 --> 01:51:54.920]  So I do have the indigent status here.
[01:51:54.920 --> 01:51:55.920]  Okay.
[01:51:55.920 --> 01:52:00.920]  Your attorney should get your transcripts for you.
[01:52:00.920 --> 01:52:01.920]  Okay.
[01:52:01.920 --> 01:52:04.920]  He could ask, you know, have him do that.
[01:52:04.920 --> 01:52:09.920]  And keep in mind, your attorney doesn't have to be your buddy.
[01:52:09.920 --> 01:52:14.920]  Taking your boot up your attorney's behind when he doesn't do what he's supposed to
[01:52:14.920 --> 01:52:16.920]  is perfectly acceptable behavior.
[01:52:16.920 --> 01:52:21.920]  I mean, not literally, but professionally.
[01:52:21.920 --> 01:52:22.920]  Yes.
[01:52:22.920 --> 01:52:26.920]  He's under contract, and what he'll say is he's not under contract with you,
[01:52:26.920 --> 01:52:28.920]  he's under contract with the state.
[01:52:28.920 --> 01:52:30.920]  And what you'll say to him, yes, you are,
[01:52:30.920 --> 01:52:37.920]  but I'm the intended third party beneficiary and I have power to enforce the contract.
[01:52:37.920 --> 01:52:40.920]  And I'll stick it to you.
[01:52:40.920 --> 01:52:41.920]  That's right.
[01:52:41.920 --> 01:52:46.920]  So you take control of your case, don't let your lawyer do it,
[01:52:46.920 --> 01:52:50.920]  because primarily court appointed counsel is there for the purpose
[01:52:50.920 --> 01:52:57.920]  of ensuring that you have no issues to appeal.
[01:52:57.920 --> 01:52:58.920]  Yeah.
[01:52:58.920 --> 01:53:04.920]  And your only purpose in the trial court is to ensure that you do have issues to appeal,
[01:53:04.920 --> 01:53:07.920]  to set the record for appeal.
[01:53:07.920 --> 01:53:10.920]  Right.
[01:53:10.920 --> 01:53:11.920]  Okay.
[01:53:11.920 --> 01:53:18.920]  But yeah, your lawyer should get that if you've been declared,
[01:53:18.920 --> 01:53:24.920]  if you've been able to pay, then they'll do it for you.
[01:53:24.920 --> 01:53:25.920]  Okay.
[01:53:25.920 --> 01:53:28.920]  I mean, keep you informed, I'll call you back next Thursday
[01:53:28.920 --> 01:53:31.920]  and I'll let you know how everything is going, but I have to get this transcript.
[01:53:31.920 --> 01:53:34.920]  And they wouldn't give it to me unless I paid $6 a page,
[01:53:34.920 --> 01:53:37.920]  and I know that there's some kind of a federal...
[01:53:37.920 --> 01:53:46.920]  You should file a motion with the court requesting a transcript and let the judge order it.
[01:53:46.920 --> 01:53:47.920]  Okay.
[01:53:47.920 --> 01:53:48.920]  Okay.
[01:53:48.920 --> 01:53:50.920]  Thank you, Charles.
[01:53:50.920 --> 01:53:55.920]  Okay, now we're going to Ted in Washington. Hello, Ted.
[01:53:55.920 --> 01:53:56.920]  Good evening, Randy.
[01:53:56.920 --> 01:53:57.920]  Can you hear me okay?
[01:53:57.920 --> 01:53:58.920]  Yes, I can.
[01:53:58.920 --> 01:54:01.920]  And I apologize, we only have four minutes left.
[01:54:01.920 --> 01:54:02.920]  Oh, boy.
[01:54:02.920 --> 01:54:04.920]  Yeah, I'll have to call back another time.
[01:54:04.920 --> 01:54:06.920]  Hey, I have two situations.
[01:54:06.920 --> 01:54:13.920]  I have a Department of Licensing in Washington threatened to suspend my driving privilege
[01:54:13.920 --> 01:54:18.920]  in about a month's time, and also a collections agency coming after me
[01:54:18.920 --> 01:54:21.920]  simultaneously for the same situation.
[01:54:21.920 --> 01:54:27.920]  I haven't paid my speeding ticket, and I did go to court and fight it four times,
[01:54:27.920 --> 01:54:32.920]  and they just overruled over me, and it's been over two months ago.
[01:54:32.920 --> 01:54:35.920]  I have not appealed.
[01:54:35.920 --> 01:54:43.920]  If you haven't appealed, my suggestion is pay the fine first,
[01:54:43.920 --> 01:54:49.920]  then if you want to go after them, sue them later.
[01:54:49.920 --> 01:54:50.920]  Okay.
[01:54:50.920 --> 01:54:58.920]  That's what I think about, because it's already made it to collection.
[01:54:58.920 --> 01:55:02.920]  Oh, now, okay, and the problem with collection,
[01:55:02.920 --> 01:55:07.920]  when they're collecting for government agencies,
[01:55:07.920 --> 01:55:13.920]  they don't fall under any of the consumer protection laws.
[01:55:13.920 --> 01:55:16.920]  Okay, so I imagine that would be against me, then.
[01:55:16.920 --> 01:55:17.920]  Yes.
[01:55:17.920 --> 01:55:22.920]  Pick your battles really careful.
[01:55:22.920 --> 01:55:24.920]  I pay my tickets.
[01:55:24.920 --> 01:55:25.920]  Oh, I fight them.
[01:55:25.920 --> 01:55:31.920]  I have a great time fighting them, but if I lose, I pay the ticket.
[01:55:31.920 --> 01:55:35.920]  I have more important battles that I need to fight first,
[01:55:35.920 --> 01:55:38.920]  and tickets not high up on my list.
[01:55:38.920 --> 01:55:46.920]  I won't get remedy on tickets until I get the legal system more fair,
[01:55:46.920 --> 01:55:48.920]  so that's where my battle is.
[01:55:48.920 --> 01:55:55.920]  There's nothing undignified, or you're not betraying the patriot community
[01:55:55.920 --> 01:56:01.920]  by paying that ticket and keeping yourself so that you can move around.
[01:56:01.920 --> 01:56:02.920]  Sure.
[01:56:02.920 --> 01:56:06.920]  I'm concerned about betraying myself, because it was never about the money.
[01:56:06.920 --> 01:56:10.920]  It was a matter of principle, and I've been fighting them for about a year,
[01:56:10.920 --> 01:56:13.920]  and I'm really stubborn that way.
[01:56:13.920 --> 01:56:19.920]  Go ahead and pay it, and then sue them.
[01:56:19.920 --> 01:56:22.920]  I filed some bar grievances against the attorneys,
[01:56:22.920 --> 01:56:27.920]  so who should I sue, the collections agency, the attorneys, or the judge?
[01:56:27.920 --> 01:56:33.920]  Is the ticket from a county or a municipality?
[01:56:33.920 --> 01:56:35.920]  It is from a county.
[01:56:35.920 --> 01:56:38.920]  It's from a district court in central Washington.
[01:56:38.920 --> 01:56:45.920]  Then if this is a matter of the right thing for the right reason,
[01:56:45.920 --> 01:56:50.920]  then look at the...
[01:56:50.920 --> 01:56:52.920]  I don't know if I can remember what it is.
[01:56:52.920 --> 01:57:01.920]  There was a senator from the Ferguson area in Missouri
[01:57:01.920 --> 01:57:10.920]  who filed a bill called the Fair Justice Act, I believe,
[01:57:10.920 --> 01:57:15.920]  and what the gist of the bill was is it made it a due process violation
[01:57:15.920 --> 01:57:23.920]  for a municipality or a county to enforce the traffic code for profit
[01:57:23.920 --> 01:57:25.920]  for the purpose of collecting revenue.
[01:57:25.920 --> 01:57:26.920]  Ooh, I love it.
[01:57:26.920 --> 01:57:28.920]  That's what this really is about.
[01:57:28.920 --> 01:57:31.920]  I mean, they dismissed the first ticket because it was cheaper,
[01:57:31.920 --> 01:57:36.920]  and then the prosecuting attorney rewrote the ticket from his perspective
[01:57:36.920 --> 01:57:37.920]  and made it more expensive.
[01:57:37.920 --> 01:57:41.920]  So I went to court four times physically, a thousand miles,
[01:57:41.920 --> 01:57:47.920]  almost a year's time, and it still seems right over me.
[01:57:47.920 --> 01:57:52.920]  Tickets, it's all about money, they care less about law.
[01:57:52.920 --> 01:57:55.920]  So sue them.
[01:57:55.920 --> 01:58:00.920]  If you can find other people that have been equally mistreated,
[01:58:00.920 --> 01:58:04.920]  then sue them under due process.
[01:58:04.920 --> 01:58:09.920]  This Fair Justice Act would declare it a due process violation,
[01:58:09.920 --> 01:58:14.920]  and Deborah asked me if that was legal.
[01:58:14.920 --> 01:58:15.920]  I said, absolutely.
[01:58:15.920 --> 01:58:17.920]  It's already a due process violation.
[01:58:17.920 --> 01:58:22.920]  You don't need the Fair Justice Act to deny someone due process.
[01:58:22.920 --> 01:58:24.920]  I am sorry we're out of time.
[01:58:24.920 --> 01:58:28.920]  If you'll call back next week earlier, we'll have more time to go through this.
[01:58:28.920 --> 01:58:32.920]  This is Randy Kelton, Louisville Radio.
[01:58:32.920 --> 01:58:37.920]  We will be back next week, next Thursday at 8 o'clock,
[01:58:37.920 --> 01:58:41.920]  and then again Friday for our four-hour info marathon.
[01:58:41.920 --> 01:58:49.920]  Make sure you tune in Monday for Eddie Craig's traffic show that starts at 8 o'clock Central.
[01:58:49.920 --> 01:58:54.920]  Bibles for America is offering absolutely free a unique study Bible
[01:58:54.920 --> 01:58:57.920]  called the New Testament Recovery Version.
[01:58:57.920 --> 01:59:00.920]  The New Testament Recovery Version has over 9,000 footnotes
[01:59:00.920 --> 01:59:03.920]  that explain what the Bible says, verse by verse,
[01:59:03.920 --> 01:59:07.920]  helping you to know God and to know the meaning of life.
[01:59:07.920 --> 01:59:10.920]  Order your free copy today from Bibles for America.
[01:59:10.920 --> 01:59:19.920]  Call us toll free at 888-551-0102, or visit us online at bfa.org.
[01:59:19.920 --> 01:59:25.920]  This translation is highly accurate, and it comes with over 13,000 cross references,
[01:59:25.920 --> 01:59:29.920]  plus charts and maps and an outline for every book of the Bible.
[01:59:29.920 --> 01:59:31.920]  This is truly a Bible you can understand.
[01:59:31.920 --> 01:59:35.920]  To get your free copy of the New Testament Recovery Version,
[01:59:35.920 --> 01:59:40.920]  call us toll free at 888-551-0102.
[01:59:40.920 --> 01:59:49.920]  That's 888-551-0102, or visit us online at bfa.org.
[01:59:49.920 --> 01:59:53.920]  Looking for some truth? You found it.
[01:59:53.920 --> 02:00:01.920]  LogosRadioNetwork.com