ROL_2015-06-11_16k.timecode

[00:00.000 --> 00:05.000]  The following use flash is brought to you by the Lone Star Lowdown.
[00:05.000 --> 00:08.000]  Providing the jelly bulletins for the commodities market.
[00:08.000 --> 00:10.000]  Today in history.
[00:10.000 --> 00:12.000]  News updates.
[00:12.000 --> 00:21.000]  And the inside scoop into the tides of the alternative.
[00:21.000 --> 00:27.000]  Markets for the 11th of June 2015 opened up with gold at $1,181.10 an ounce.
[00:27.000 --> 00:32.000]  Silver $16 an ounce. Texas crude $61.43 a barrel.
[00:32.000 --> 00:42.000]  And Bitcoin is currently sitting at about 229 U.S. currency.
[00:42.000 --> 00:43.000]  Today in history.
[00:43.000 --> 00:45.000]  Monday, June 11th, 2001.
[00:45.000 --> 00:58.000]  Timothy McVeigh is executed by lethal injection for his role in the Oklahoma City bombing of April 19th, 1995.
[00:58.000 --> 01:06.000]  In recent news, Ali Amin, a 17-year-old from Manassas, Virginia, pleaded guilty in court today to charges of conspiring to help ISIS.
[01:06.000 --> 01:11.000]  Apparently he uses Twitter account and blog to provide instructions on how to send Bitcoin to the Islamic State.
[01:11.000 --> 01:14.000]  He also helped Reza Nijdad to travel to Syria to join them.
[01:14.000 --> 01:19.000]  This is the first time the United States has prosecuted a minor as an adult in such a case.
[01:19.000 --> 01:26.000]  He faces up to 15 years in prison when sentenced on August 28th.
[01:26.000 --> 01:33.000]  The American Civil Liberties Union, representing Gavin Grimm, has filed complaints against Gloucester County School Board in Richmond, Virginia.
[01:33.000 --> 01:39.000]  The complaint states that Grimm, 16, was designated female at birth, but as a male gender identity.
[01:39.000 --> 01:48.000]  He has been diagnosed as having gender dysphoria, a medical condition characterized by distress stemming from conflict between a person's gender identity and the person's assigned sex at birth.
[01:48.000 --> 01:58.000]  Apparently he had used the communal restrooms without incident until the board responding to complaints from local residents adopted a policy in December requiring transgender students to use a private facility.
[01:58.000 --> 02:05.000]  The ACLU is suing to get him to be able to use them.
[02:05.000 --> 02:16.000]  The light cell spacecraft, a privately funded space project by members of the Planetary Society, demonstrated how a tiny motor could unfurl four thin Mylar films into an area as big as a living room.
[02:16.000 --> 02:22.000]  What for, you ask? It is to practice a space propulsion technique known as solar sailing.
[02:22.000 --> 02:27.000]  The basic idea is to use the pressure of photons from the sun against a film to generate forward momentum.
[02:27.000 --> 02:31.000]  Confirmation via a light cell selfie finally came in on Tuesday.
[02:31.000 --> 02:45.000]  Phonic managers are trying to run other tests to put the spacecraft through before it succumbs to Earth's gravity and is pulled back into the atmosphere sometime this weekend.
[02:45.000 --> 02:48.000]  The Lowstar Lowdown is probably looking for sponsors.
[02:48.000 --> 02:55.000]  If you have a product or a service you'd like to advertise in the Lowdown, feel free to give us a call at 210-863-5617.
[02:55.000 --> 03:01.000]  This has been your Lowdown for June 11, 2015.
[03:26.000 --> 03:32.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.000 --> 03:38.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.000 --> 03:43.000]  When you were eight and you had bad treats, you'd go to school and learn the golden rule.
[03:43.000 --> 03:49.000]  So why are you acting like a bloody fool? You get to get high and you must get cool.
[03:49.000 --> 03:55.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:55.000 --> 04:20.000]  Bad boys, bad boys, whatcha gonna do?
[04:25.000 --> 04:29.000]  Judge in Ohio.
[04:29.000 --> 04:37.000]  I think everybody's heard about the Tamara Rice killing the 12-year-old boy.
[04:37.000 --> 04:42.000]  The police drove up and shot immediately within two seconds.
[04:42.000 --> 04:54.000]  And then either the prosecutor or I think the prosecutor chose not to pursue a grand jury indictment.
[04:54.000 --> 04:58.000]  And the public was not at all happy with that.
[04:58.000 --> 05:05.000]  And they used what they called an obscure law to take this to a local municipal judge.
[05:05.000 --> 05:10.000]  Well, there's nothing obscure about that law at all. Every state has it.
[05:10.000 --> 05:16.000]  And it involves how the legal system is supposed to work.
[05:16.000 --> 05:21.000]  And I'm glad in this case that somebody recognized it and actually used it.
[05:21.000 --> 05:28.000]  They took a complaint to a magistrate, who in this case was a municipal judge,
[05:28.000 --> 05:33.000]  and the municipal judge found probable cause.
[05:33.000 --> 05:35.000]  This is how it ought to be done.
[05:35.000 --> 05:47.000]  And this only got done because the public has just simply had enough of police killing citizens.
[05:47.000 --> 05:53.000]  We have approximately 1,000 people killed a year by the police.
[05:53.000 --> 05:59.000]  In England, they have about 10 people a year.
[05:59.000 --> 06:03.000]  What is the deal?
[06:03.000 --> 06:10.000]  We just had an occurrence here in the Dallas-Fort Worth area,
[06:10.000 --> 06:18.000]  McKinney, Texas, where some police were called out over a teenage party.
[06:18.000 --> 06:21.000]  And apparently there were a number of policemen there.
[06:21.000 --> 06:26.000]  And one of them just decided to make a fool of himself.
[06:26.000 --> 06:30.000]  He grabbed a teenage girl and slammed her to the ground.
[06:30.000 --> 06:35.000]  And when others tried to intervene, he pulled his weapon on them.
[06:35.000 --> 06:38.000]  He has since resigned.
[06:38.000 --> 06:42.000]  He ran afoul of the cell phone video cameras.
[06:42.000 --> 06:45.000]  They're just not able to get around that.
[06:45.000 --> 06:54.000]  But in this article about the boy that was Tamir Rice,
[06:54.000 --> 06:58.000]  the 12-year-old boy shot by police,
[06:58.000 --> 07:03.000]  what appeared to be the most damning thing about the whole thing
[07:03.000 --> 07:09.000]  is that the police stood around for eight minutes after the shooting,
[07:09.000 --> 07:14.000]  and no one attempted to render aid.
[07:14.000 --> 07:19.000]  You know, if you're walking down the street and somebody falls down,
[07:19.000 --> 07:26.000]  especially here in Texas, just about everybody on the street will move to his aid.
[07:26.000 --> 07:29.000]  I was in Austin a while back and I was on a bicycle.
[07:29.000 --> 07:33.000]  And I hit a slick spot and a bicycle went out from under me,
[07:33.000 --> 07:38.000]  and I went down on my face and bashed my head in the ground.
[07:38.000 --> 07:42.000]  And by the time I rolled over, there were three or four people there.
[07:42.000 --> 07:46.000]  They were on me immediately.
[07:46.000 --> 07:54.000]  What is it with the police when they shoot someone that they leave him to die?
[07:54.000 --> 07:58.000]  And this is a child.
[07:58.000 --> 08:02.000]  I just went to the Tarrant County Police Department last week.
[08:02.000 --> 08:09.000]  I went to file criminal charges against four deputies
[08:09.000 --> 08:14.000]  for smashing my face in the concrete last July.
[08:14.000 --> 08:19.000]  And I talked to an investigator for the district attorney
[08:19.000 --> 08:23.000]  because I wanted a way to do this that wouldn't end these guys' careers
[08:23.000 --> 08:26.000]  but also give them reason not to do this again.
[08:26.000 --> 08:35.000]  Well, he suggested that I should give the sheriff an opportunity to find remedy.
[08:35.000 --> 08:41.000]  Reluctantly, I agreed to go to the sheriff as long as I could talk to the number one or number two guy.
[08:41.000 --> 08:45.000]  Well, I got to talk to the number two, number three guy in the sheriff's department.
[08:45.000 --> 08:48.000]  The number three guy did all the talking.
[08:48.000 --> 08:55.000]  And I had this complaint with me in an envelope marked to D.A.
[08:55.000 --> 08:57.000]  because that was a district attorney's copy.
[08:57.000 --> 09:00.000]  I had 12 other copies for the grand jury.
[09:00.000 --> 09:06.000]  I brought this one because the complaints in it were verified.
[09:06.000 --> 09:10.000]  And I told him I was looking for a remedy.
[09:10.000 --> 09:14.000]  He wanted me to go to Internal Affairs.
[09:14.000 --> 09:17.000]  I told him, are you kidding me?
[09:17.000 --> 09:22.000]  If I go to Internal Affairs, what Internal Affairs will do is get together with these officers
[09:22.000 --> 09:26.000]  and make up some B.S. story that never happened,
[09:26.000 --> 09:34.000]  and most likely they'll come to arrest me in order to protect your officers from the garbage that they did.
[09:34.000 --> 09:37.000]  Here I am, a 65-year-old man.
[09:37.000 --> 09:47.000]  They dragged me out of the courthouse and smashed my face in the concrete because I called 911 on them.
[09:47.000 --> 09:56.000]  And this number three man was immediately trying to find a way to make sure his officers didn't have to answer.
[09:56.000 --> 09:57.000]  Immediately.
[09:57.000 --> 09:58.000]  He didn't care what they did to me.
[09:58.000 --> 10:00.000]  He didn't care if they did to me.
[10:00.000 --> 10:02.000]  He just did not care.
[10:02.000 --> 10:09.000]  He only cared that he's going to slither up behind this thin blue line
[10:09.000 --> 10:22.000]  and make absolutely sure that no complaint by any wretched worthless citizen would taint any of his fellow police officers.
[10:22.000 --> 10:31.000]  There is a culture in this country that we have to get corrected.
[10:31.000 --> 10:35.000]  And I'm working on correcting it.
[10:35.000 --> 10:42.000]  It's been a week, and I haven't heard from the sheriff's department, and I don't expect I will hear from the sheriff's department.
[10:42.000 --> 10:49.000]  I'll give him a week or two, and then I'll go back to the grand jury with criminal charges against the sheriff himself
[10:49.000 --> 10:53.000]  as responding at Superior for these two guys I talked to,
[10:53.000 --> 11:01.000]  and file criminal charges against the sheriff for shielding these officers from prosecution.
[11:01.000 --> 11:03.000]  I warned that guy.
[11:03.000 --> 11:06.000]  He said, well, he needed to see the complaints.
[11:06.000 --> 11:11.000]  I said, well, you understand that this comes with a trap attached to it.
[11:11.000 --> 11:12.000]  Oh, I understand.
[11:12.000 --> 11:15.000]  No, he didn't understand.
[11:15.000 --> 11:22.000]  What I gave him were verified criminal affidavits, and they invoked his duty whether he wants to exercise it or not.
[11:22.000 --> 11:31.000]  And since I came to speak to the high sheriff himself, this person was sent to stand in the boots of the high sheriff.
[11:31.000 --> 11:42.000]  So I'll go back next week and file first degree felony aggravated assault against the high sheriff himself.
[11:42.000 --> 11:46.000]  And I'll file it in Dallas County, not in Tarrant County.
[11:46.000 --> 11:51.000]  So we'll see how that works out for you, bubba.
[11:51.000 --> 11:58.000]  If we're going to get a system back, we're going to have to stand up and take it back.
[11:58.000 --> 12:04.000]  But we do have a way to do that. These guys in Ohio demonstrated that.
[12:04.000 --> 12:07.000]  They didn't like what the public officials did.
[12:07.000 --> 12:13.000]  So they went to a magistrate themselves with that affidavit.
[12:13.000 --> 12:22.000]  You know, this is calling this an obscure law, and it's an affidavit of a witness.
[12:22.000 --> 12:29.000]  Let me see if I can find exactly what they call it.
[12:29.000 --> 12:33.000]  It's in the article. They call it an affidavit by a witness.
[12:33.000 --> 12:39.000]  They're talking about this like it's some kind of arcane law.
[12:39.000 --> 12:48.000]  And every state I've looked at is the standard legal procedure of what the district attorneys and such are doing and the police are doing.
[12:48.000 --> 12:50.000]  It's not what's in law.
[12:50.000 --> 13:02.000]  It's just practice that they've adopted so that they can control prosecutions to make things more administratively convenient and adjudicatively expedient.
[13:02.000 --> 13:05.000]  They're not law. What these guys did was law.
[13:05.000 --> 13:13.000]  And it's having the desired effect, is telling them if you guys don't get the job done, we can get the job done.
[13:13.000 --> 13:19.000]  We do have a caller, Jeff, in Mississippi, and I hope he's got some good news for us today.
[13:19.000 --> 13:21.000]  Hello, Jeff.
[13:21.000 --> 13:24.000]  Hey, Randy. Thanks for having me on the show.
[13:24.000 --> 13:29.000]  Glad to have you. So what's up in Mississippi?
[13:29.000 --> 13:36.000]  Well, I've got some strange news, which probably won't be strange to you, but it's very strange to me.
[13:36.000 --> 13:46.000]  I filed a motion for a new trial, and the last time I had that same hearing, I actually had to go to a hearing.
[13:46.000 --> 13:52.000]  So I filed a motion to set the hearing for my new trial.
[13:52.000 --> 14:00.000]  Well, I just received in the mail a denial of my motion for new trial, and I never had a hearing.
[14:00.000 --> 14:02.000]  Can they do that?
[14:02.000 --> 14:08.000]  Oh, yeah. The judge can rule sui sponte, and this is kind of standard procedure.
[14:08.000 --> 14:12.000]  You always expect them to deny your motion for new trial.
[14:12.000 --> 14:16.000]  It's a step in the appeal process.
[14:16.000 --> 14:18.000]  All right.
[14:18.000 --> 14:22.000]  So he's just telling you that, you know, he don't care what you do.
[14:22.000 --> 14:30.000]  I don't know, maybe they think they'll not get it thrown out this time.
[14:30.000 --> 14:41.000]  I don't know what they think, but, you know, when we talked about it, I suggested that he will almost certainly deny it.
[14:41.000 --> 14:43.000]  And in this case, he denied it out of hand.
[14:43.000 --> 14:48.000]  Have you pursued the RICO angle?
[14:48.000 --> 14:51.000]  Not yet.
[14:51.000 --> 14:53.000]  I can start on that.
[14:53.000 --> 14:55.000]  I wrote my motion for new trial.
[14:55.000 --> 14:56.000]  Okay.
[14:56.000 --> 14:57.000]  Now, wait, wait, wait a minute.
[14:57.000 --> 15:05.000]  If you have filed a notice of petition for new trial and they denied it, now you have to file a notice of appeal,
[15:05.000 --> 15:11.000]  of intent to appeal, and make sure of your timing.
[15:11.000 --> 15:16.000]  In Texas, in certain cases, you only got 10 days to give notice of appeal.
[15:16.000 --> 15:21.000]  So make sure that you get your notice of intent to appeal in in time.
[15:21.000 --> 15:28.000]  And then that transfers your jurisdiction from the district court to the court of appeals.
[15:28.000 --> 15:39.000]  And then you have 30 to 60 days or 90 days, depending on the state rules, to get an appellate brief file.
[15:39.000 --> 15:50.000]  And it probably wouldn't hurt if you wrote your appellate brief as if it were the criminal complaint.
[15:50.000 --> 15:51.000]  Okay.
[15:51.000 --> 16:01.000]  So include all of the relevant law, which includes the criminal acts on the part of these actors.
[16:01.000 --> 16:11.000]  That kind of gives notice to the court of appeals that you're preparing or prepared to file a RICO suit against him.
[16:11.000 --> 16:17.000]  And you absolutely should look at starting to file criminal complaints.
[16:17.000 --> 16:26.000]  The reason for that is, is in the RICO suit, you're going to want to indict the entire system.
[16:26.000 --> 16:36.000]  And when you start filing criminal complaints, you're going to have the local Yocos doing everything they can to block you.
[16:36.000 --> 16:40.000]  Hang on, Randy Kelton, David Stevens, Ruva Reed.
[16:40.000 --> 16:45.000]  I've been trying to keep that sneeze down and I didn't make it.
[16:45.000 --> 16:50.000]  I call in number 512-646-984.
[16:50.000 --> 16:51.000]  Give us a call.
[16:51.000 --> 16:53.000]  We'll be taking calls all night.
[16:53.000 --> 17:00.000]  We'll be right back.
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[19:00.000 --> 19:10.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:10.000 --> 19:30.000]  Thank you for listening.
[19:40.000 --> 19:58.000]  Okay, we are back.
[19:58.000 --> 20:04.000]  Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Jeff in Mississippi.
[20:04.000 --> 20:15.000]  Okay, Jeff, criminal complaints, have you written out a timeline of everything that's occurred?
[20:15.000 --> 20:19.000]  Yes, it's kind of crude, but I do have one.
[20:19.000 --> 20:28.000]  Okay, that's a great tool to work from because when you start down it, things start coming back.
[20:28.000 --> 20:42.000]  And if you're going to do the RICO and criminal complaints, one of the most powerful tools that I have is the open records.
[20:42.000 --> 20:49.000]  I just went to a number of JPs and requested their emails.
[20:49.000 --> 20:52.000]  Oh, talk about hopping and jumping.
[20:52.000 --> 20:55.000]  These guys are not happy.
[20:55.000 --> 21:03.000]  I got some responses from the district attorney's office about it, and we emailed back and forth.
[21:03.000 --> 21:18.000]  But the last thing, my last correspondence with the ADA was a request to set a time and place at which I could view these records.
[21:18.000 --> 21:24.000]  I never received a notice of a time and place on any of them.
[21:24.000 --> 21:31.000]  Now, I had one that I had filed early and didn't get a response from that one.
[21:31.000 --> 21:41.000]  So I went back down and filed a criminal complaint with the grand jury under the Open Records Act.
[21:41.000 --> 21:44.000]  Just took it straight to the grand jury.
[21:44.000 --> 21:49.000]  So now I'll come back with criminal complaints against the rest of them.
[21:49.000 --> 22:02.000]  I had one JP tell the district attorney to respond to me that he had no records responsive to my request.
[22:02.000 --> 22:04.000]  Interesting.
[22:04.000 --> 22:12.000]  We have a JP who does not use email.
[22:12.000 --> 22:18.000]  Somehow I don't buy that story.
[22:18.000 --> 22:24.000]  I never interfere with someone when they're screwing up.
[22:24.000 --> 22:33.000]  So I will go in and file against these guys, but then I'll go back to the IT department.
[22:33.000 --> 22:44.000]  This is why I'm telling you that information, the Open Records Act is such a powerful tool.
[22:44.000 --> 22:49.000]  I get to go in there and tap dance all over them.
[22:49.000 --> 22:53.000]  So I file these information requests.
[22:53.000 --> 22:59.000]  They do a song and dance and seltzer down your pants trying to get out of it.
[22:59.000 --> 23:07.000]  And if I can schmooze them into stepping over a legal line, bang, I zap them.
[23:07.000 --> 23:10.000]  I go in and file criminal charges.
[23:10.000 --> 23:13.000]  And they dance around and get rid of that.
[23:13.000 --> 23:19.000]  And then the next time I talk to them, now they're a little more cagey.
[23:19.000 --> 23:28.000]  And if I can just con one in to saying, well, Mr. Kelton, why do you want to see these?
[23:28.000 --> 23:30.000]  Gotcha.
[23:30.000 --> 23:32.000]  They're forbidden to ask.
[23:32.000 --> 23:35.000]  I thought I had so much fun with it, you wouldn't believe it.
[23:35.000 --> 23:44.000]  But it also sets a pattern, it shows a pattern of abuse of the system.
[23:44.000 --> 23:50.000]  When you go in and you start stacking in these criminal complaints,
[23:50.000 --> 23:56.000]  people who feel protected by the system, they're going to look at this
[23:56.000 --> 24:02.000]  and they're going to tend to say, nah, can't be that bad.
[24:02.000 --> 24:06.000]  I mean, this is one criminal complaint after another, after another.
[24:06.000 --> 24:14.000]  So you have to develop something to demonstrate that it is that bad.
[24:14.000 --> 24:18.000]  Open records is a great place to do that.
[24:18.000 --> 24:26.000]  Because these guys kind of feel like the records belong to them.
[24:26.000 --> 24:30.000]  First one I went to, the clerk said, why do you want to see these?
[24:30.000 --> 24:36.000]  I said, ma'am, you do not want to ask me that question.
[24:36.000 --> 24:37.000]  She said, yes, I do.
[24:37.000 --> 24:39.000]  I said, no, you don't.
[24:39.000 --> 24:44.000]  If you insist on asking me that question, you get a bailiff over here first.
[24:44.000 --> 24:47.000]  Then all of a sudden she decided she didn't want to ask me that question.
[24:47.000 --> 24:49.000]  This was one of the clerks.
[24:49.000 --> 24:51.000]  I don't want to mess with the clerks.
[24:51.000 --> 24:54.000]  I want the judge to do it.
[24:54.000 --> 24:57.000]  Yes, I don't want to go after these clerks.
[24:57.000 --> 25:00.000]  He's working there and they like to judge.
[25:00.000 --> 25:04.000]  They're all good buddies and these guys don't know squat.
[25:04.000 --> 25:09.000]  And I do not want to go to the grand jury with complaints against one of these clerks.
[25:09.000 --> 25:15.000]  So I was trying to call them in to get in the JP to come over and ask me why I wanted to see them.
[25:15.000 --> 25:19.000]  And another one told me, well, you're not going to be able to see those.
[25:19.000 --> 25:23.000]  I said, well, we'll see what the attorney general has to say about that.
[25:23.000 --> 25:27.000]  That JP, I never got a response from.
[25:27.000 --> 25:30.000]  All right.
[25:30.000 --> 25:34.000]  So now I don't negotiate with her.
[25:34.000 --> 25:37.000]  I don't explain.
[25:37.000 --> 25:39.000]  That bill got wrong.
[25:39.000 --> 25:42.000]  I go file.
[25:42.000 --> 25:49.000]  Then I see if I can get, you know, I've got several of them so far to ring the bell for me.
[25:49.000 --> 25:53.000]  So then I start filing criminal complaints.
[25:53.000 --> 25:58.000]  And then I go back and I file more information requests.
[25:58.000 --> 26:10.000]  And what you like to do in the request is frame your request so that it's unclear what you're looking for.
[26:10.000 --> 26:25.000]  I have been known to ask for records that I knew I could not see that, but it would make them wonder why I'm looking for those records.
[26:25.000 --> 26:29.000]  Because I don't want them to know what I'm after.
[26:29.000 --> 26:35.000]  And there's a place that really makes them nuts.
[26:35.000 --> 26:39.000]  And that's the accounting department.
[26:39.000 --> 26:42.000]  It's usually the comptroller's office.
[26:42.000 --> 26:49.000]  Whoever pays these guys, you start looking around at those records.
[26:49.000 --> 26:53.000]  And that always makes them nervous because you never know what you're looking for.
[26:53.000 --> 27:00.000]  I just went to a constable because he handles bailiffs.
[27:00.000 --> 27:06.000]  And I asked for a listing of all of the bailiffs that worked for this constable.
[27:06.000 --> 27:14.000]  And they responded, they don't keep such a list and are not required to prepare such a list.
[27:14.000 --> 27:15.000]  Okay.
[27:15.000 --> 27:16.000]  That'll work.
[27:16.000 --> 27:35.000]  So I go back and I request a complete accounting of all payments and disbursements to anyone employed by the constable's office in the capacity of a peace officer or appear for a six-month period.
[27:35.000 --> 27:40.000]  Oh, did that get them hopping up and down?
[27:40.000 --> 27:45.000]  All of a sudden they got a whole lot easier to work with.
[27:45.000 --> 28:00.000]  And the constable himself come out and talk to me and decided that instead of having to give me all of those financial records, he'd give me a list of all the bailiffs that worked for him.
[28:00.000 --> 28:05.000]  And I'm sitting down when he come out, I was waiting for him, I'm sitting working on a computer.
[28:05.000 --> 28:08.000]  And he walked out in the hall and I never looked up.
[28:08.000 --> 28:09.000]  I saw him there and I just didn't look up.
[28:09.000 --> 28:11.000]  He looks around a bit and goes back in.
[28:11.000 --> 28:13.000]  He says, where is this guy?
[28:13.000 --> 28:15.000]  Is that the guy out there sitting in the computer?
[28:15.000 --> 28:17.000]  I hear him.
[28:17.000 --> 28:19.000]  He comes out and he steps up in front of me.
[28:19.000 --> 28:20.000]  He said, sir.
[28:20.000 --> 28:21.000]  And I look up.
[28:21.000 --> 28:22.000]  Yes.
[28:22.000 --> 28:24.000]  He said, are you here with an information?
[28:24.000 --> 28:25.000]  Are you Randall Kelton?
[28:25.000 --> 28:26.000]  I said, yes, I am.
[28:26.000 --> 28:29.000]  He said, well, I'm the elected constable.
[28:29.000 --> 28:31.000]  I said, well, wonderful.
[28:31.000 --> 28:33.000]  I have a present for you.
[28:33.000 --> 28:47.000]  And I handed my information request and tell him that I need you to initial and date on that second page to show that you received it this day and make me a copy.
[28:47.000 --> 28:51.000]  And he said, well, normally we don't make copies.
[28:51.000 --> 28:53.000]  Normally, I just send you packet.
[28:53.000 --> 28:56.000]  I said, well, you just do anything you want to.
[28:56.000 --> 29:00.000]  Well, I want you to know that we're trying to be agreeable here.
[29:00.000 --> 29:04.000]  So I'll go get you your copy.
[29:04.000 --> 29:06.000]  And he did.
[29:06.000 --> 29:13.000]  He really wants to know why I want this information.
[29:13.000 --> 29:20.000]  And he's tried to find a way to ask me that doesn't breach the code.
[29:20.000 --> 29:23.000]  And he knows the code.
[29:23.000 --> 29:25.000]  Mr. Kelton, is there a problem?
[29:25.000 --> 29:27.000]  You bet there's a problem.
[29:27.000 --> 29:32.000]  Well, Mr. Kelton, if you have a problem with it in my office, you can just, officers, you can just come to me.
[29:32.000 --> 29:36.000]  Oh, no, no, no, I can't do that.
[29:36.000 --> 29:46.000]  If I come to you, then you guys should get together and make up this big whopper lie and go to the court and likely you're going to come after me.
[29:46.000 --> 29:51.000]  I said, you can get all the explanation you need from a grand jury.
[29:51.000 --> 29:53.000]  That was so much fun.
[29:53.000 --> 29:55.000]  Hang on, Randy Kelton.
[29:55.000 --> 30:03.000]  If you ever see the Drupal Eye Radio, we'll be right back.
[30:03.000 --> 30:08.000]  A picture is worth a thousand words or maybe a few hundred calories in the cafeteria.
[30:08.000 --> 30:16.000]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment with details on a bizarre government scheme to photograph kids' lunches.
[30:16.000 --> 30:18.000]  Privacy is under attack.
[30:18.000 --> 30:22.000]  When you give up data about yourself, you'll never get it back again.
[30:22.000 --> 30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:27.000 --> 30:28.000]  So protect your rights.
[30:28.000 --> 30:32.000]  Say no to surveillance and keep your information to yourself.
[30:32.000 --> 30:34.000]  Privacy, it's worth hanging on to.
[30:34.000 --> 30:42.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:42.000 --> 30:45.000]  Start over with StartPage.
[30:45.000 --> 30:47.000]  Hold it right there, kid.
[30:47.000 --> 30:50.000]  I need a picture of that pickle and a photo of that french fry.
[30:50.000 --> 30:56.000]  At five elementary schools in San Antonio, cafeteria cameras are snapping pics of kids' lunches.
[30:56.000 --> 31:01.000]  A barcode IDs each food tray that a camera identifies what the child selected.
[31:01.000 --> 31:06.000]  At the end of the meal, another camera looks at the leftovers to see what actually got eaten.
[31:06.000 --> 31:13.000]  The result is a detailed nutritional profile on each student that the government wants to get its hands on to reduce obesity.
[31:13.000 --> 31:18.000]  So what is the price tag on this invasive plan to record every last french fry and green pea?
[31:18.000 --> 31:21.000]  Two million bucks of our federal tax money.
[31:21.000 --> 31:23.000]  No wonder the country's going broke.
[31:23.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[32:01.000 --> 32:05.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.000 --> 32:07.000]  In today's America, we live in an us-against-them society.
[32:07.000 --> 32:12.000]  If we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights.
[32:12.000 --> 32:17.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[32:17.000 --> 32:19.000]  and most importantly, the right to due process of law.
[32:19.000 --> 32:25.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[32:28.000 --> 32:33.000]  has put together the most comprehensive teaching tool available that will help you understand what due process is
[32:33.000 --> 32:35.000]  and how to hold the courts to the rule of law.
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[33:24.000 --> 33:26.000]  Okay, we are back.
[33:26.000 --> 33:29.000]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[33:29.000 --> 33:38.000]  And I was asking Deborah on the work break if she could tell from my voice how much fun I'm having doing this.
[33:38.000 --> 33:49.000]  I'm hoping that's coming across because once you get it, and especially you, Jeff, you're in a position now to where
[33:49.000 --> 33:51.000]  they can't do anything else.
[33:51.000 --> 33:54.000]  They've done everything they can do.
[33:54.000 --> 33:58.000]  Now you come in and start sharp shooting them.
[33:58.000 --> 34:07.000]  Generally, when they finish what they're doing, the defendant just disappears.
[34:07.000 --> 34:10.000]  When he doesn't, then they get a concern.
[34:10.000 --> 34:17.000]  Now what you need to do is get yourself protected.
[34:17.000 --> 34:23.000]  And the way you get yourself protected is you run the routine on them.
[34:23.000 --> 34:31.000]  You want to come up with a really crappy, nitpicking little complaint.
[34:31.000 --> 34:34.000]  And open records is a great way to do that.
[34:34.000 --> 34:41.000]  Open records is somewhat obscure as to its criminal nature.
[34:41.000 --> 34:51.000]  That's especially obscure because I can bet you that no one has ever been prosecuted in Mississippi for violating the
[34:51.000 --> 35:01.000]  Open Records Act unless it was a high-level official not responding to a senator or congressman.
[35:01.000 --> 35:03.000]  Okay.
[35:03.000 --> 35:05.000]  Ordinary people, they never prosecute.
[35:05.000 --> 35:09.000]  So this is a great one.
[35:09.000 --> 35:16.000]  You get them to not get you the documentation within the specified time limit.
[35:16.000 --> 35:23.000]  Or you get them to withhold information that you know is there.
[35:23.000 --> 35:30.000]  Or you get them to ask you why you want to see it.
[35:30.000 --> 35:32.000]  Just something really minor.
[35:32.000 --> 35:40.000]  And then you do what I told at this same JP's office, I gave them an information request.
[35:40.000 --> 35:42.000]  And she said, well, it's a matter of policy.
[35:42.000 --> 35:45.000]  We have to give that to the district attorney.
[35:45.000 --> 35:49.000]  I said, ma'am, frankly, I don't care what you do with it.
[35:49.000 --> 35:53.000]  But according to the Open Records Act, you have 15 days.
[35:53.000 --> 35:55.000]  I will not be reasonable.
[35:55.000 --> 35:58.000]  I will not be understanding.
[35:58.000 --> 36:03.000]  The 16th day, I fire with the grand jury just so we understand ourselves.
[36:03.000 --> 36:05.000]  Do I make myself clear?
[36:05.000 --> 36:07.000]  Yes, Mr. Kelton, you do.
[36:07.000 --> 36:09.000]  She stormed away.
[36:09.000 --> 36:13.000]  Oh, that was so much fun.
[36:13.000 --> 36:15.000]  Oh.
[36:15.000 --> 36:18.000]  Now you're in the driver's seat.
[36:18.000 --> 36:23.000]  And I suggest that you be, you want to be surreptitious.
[36:23.000 --> 36:32.000]  You want to deliberately make them wonder why you're looking at what you're looking at.
[36:32.000 --> 36:40.000]  And one of the things I found to be the most powerful is looking at financial records.
[36:40.000 --> 36:44.000]  You want to look at who got paid to do what when.
[36:44.000 --> 36:50.000]  If you want to find out everybody that was in the courthouse, you go for their employment records,
[36:50.000 --> 36:54.000]  for the disbursements to all of these different people.
[36:54.000 --> 37:01.000]  And then you pick out certain individuals and ask to see their personnel files.
[37:01.000 --> 37:09.000]  Any individual that you might want to file a complaint against, you ask for the personnel file.
[37:09.000 --> 37:16.000]  Ask for the personnel file of all the judges that you've dealt with and all the prosecutors that you've dealt with.
[37:16.000 --> 37:23.000]  When you ask for the personnel file, they're going to hop up and down and say you can get our personal data.
[37:23.000 --> 37:33.000]  And when I ask for information of that nature, I ask for all documentation concerning the employment of this person
[37:33.000 --> 37:41.000]  and the credentials of this person that are specifically made open for public inspection.
[37:41.000 --> 37:49.000]  They're going to want to send in this request for an opinion, but they can't.
[37:49.000 --> 37:55.000]  Because you haven't asked for anything that's not open for public inspection.
[37:55.000 --> 37:58.000]  You've only asked for what is.
[37:58.000 --> 38:07.000]  And what they're going to do is read that to say this guy is going to get whatever we give him
[38:07.000 --> 38:13.000]  and claim that we didn't give him something that's going to come back and file complaints against us.
[38:13.000 --> 38:17.000]  And they would be exactly right.
[38:17.000 --> 38:24.000]  Also in open records, I have what I call a scope and content.
[38:24.000 --> 38:26.000]  Look in the Open Records Act.
[38:26.000 --> 38:35.000]  There will be a section in there that stipulates specifically what is open for public inspection.
[38:35.000 --> 38:47.000]  And like in Texas, it says that the substantive scope and content of all records, all the records that are kept,
[38:47.000 --> 39:00.000]  what kind of information is in those records, what medium they're saved in, what the names of the records are,
[39:00.000 --> 39:03.000]  who keeps them, how to request them.
[39:03.000 --> 39:05.000]  All of these things are listed.
[39:05.000 --> 39:12.000]  You'll find most of this listed in your statute saying specifically these things are always open for inspection.
[39:12.000 --> 39:17.000]  Well, I took that section out and I put it into an open records request.
[39:17.000 --> 39:26.000]  So when I go down there and they give me just a little bit of nonsense about, well, we don't know what you're asking for.
[39:26.000 --> 39:28.000]  You'll have to be more specific.
[39:28.000 --> 39:31.000]  Bam, they get scope and content.
[39:31.000 --> 39:36.000]  They always say, well, can, you know, they look at it.
[39:36.000 --> 39:40.000]  I'm asking for everything.
[39:40.000 --> 39:43.000]  I don't want to see any records.
[39:43.000 --> 39:52.000]  I want to see information concerning the records so that I can be very specific in the record that I ask to see.
[39:52.000 --> 40:02.000]  I had a sheriff's deputy spend eight hours with me in his office going through every record they maintained.
[40:02.000 --> 40:05.000]  He told me it took him two days to put this together.
[40:05.000 --> 40:06.000]  And this is Mark Autry.
[40:06.000 --> 40:08.000]  Mark Autry is a personal friend of mine.
[40:08.000 --> 40:10.000]  And I hold him in high regard.
[40:10.000 --> 40:12.000]  And he wasn't complaining to me.
[40:12.000 --> 40:15.000]  He was just saying this took two days to accomplish.
[40:15.000 --> 40:27.000]  And I said, Mark, you know, if your people hadn't have been extemporaneous with me, had they just provided the documents that I needed, I wouldn't have to go through all this stuff.
[40:27.000 --> 40:30.000]  He said, I know, Mr. Kelton, you're punishing us.
[40:30.000 --> 40:34.000]  Well, sort of.
[40:34.000 --> 40:42.000]  But they'll come back and say, my favorite response was we don't understand what you're asking for.
[40:42.000 --> 40:48.000]  My response was, if you don't understand what I'm asking for, ask the legislature.
[40:48.000 --> 40:49.000]  They wrote it.
[40:49.000 --> 40:51.000]  I didn't.
[40:51.000 --> 40:53.000]  Oh, my gosh.
[40:53.000 --> 40:55.000]  Oh, it's so much fun.
[40:55.000 --> 41:08.000]  And then in the process of them asking these questions, their clock is still running because this is not something they can get an opinion on.
[41:08.000 --> 41:10.000]  The clock is still running against them.
[41:10.000 --> 41:14.000]  And, you know, they think that because they start asking questions that the clock stops.
[41:14.000 --> 41:17.000]  No, it don't.
[41:17.000 --> 41:20.000]  Once that time limit runs out, man, you follow.
[41:20.000 --> 41:22.000]  Now, you take that.
[41:22.000 --> 41:33.000]  Once you got them to not respond in time, then you go down and make up a criminal complaint and take it to some magistrate.
[41:33.000 --> 41:36.000]  Read the code in Mississippi.
[41:36.000 --> 41:41.000]  I haven't read the code, the criminal procedure code for Mississippi.
[41:41.000 --> 41:44.000]  It'll have a section on magistrates.
[41:44.000 --> 41:48.000]  And this follows the federal law.
[41:48.000 --> 41:51.000]  They're all going to be essentially saying because it follows the Bacna Carta.
[41:51.000 --> 41:55.000]  This is a procedure that's been in place since 1216.
[41:55.000 --> 42:00.000]  So you take it to the magistrate and you file a complaint against whoever it is.
[42:00.000 --> 42:06.000]  And they're going to say, well, you know, you really need to take this over there.
[42:06.000 --> 42:08.000]  And then you say, oh, okay.
[42:08.000 --> 42:14.000]  And then when you go over there, you take a complaint against the magistrate for not taking your complaint.
[42:14.000 --> 42:18.000]  And that would be the sheriff's department.
[42:18.000 --> 42:22.000]  And they're going to say, well, you really need to take this to the district attorney's office.
[42:22.000 --> 42:23.000]  Okay.
[42:23.000 --> 42:33.000]  So you take a complaint to the district attorney's office against the sheriff for not taking your complaint against the magistrate.
[42:33.000 --> 42:43.000]  And when the DA refuses to take it, then you go to the district judge and file the complaint against the DA.
[42:43.000 --> 42:46.000]  And look up, you've probably got a shielding from prosecution statute.
[42:46.000 --> 42:52.000]  In Texas it's 38.05 or obstruction of justice.
[42:52.000 --> 42:58.000]  You file that against the DA with the district judge.
[42:58.000 --> 43:06.000]  And when the district judge refuses to act, then you go to the state attorney general and file against the district judge.
[43:06.000 --> 43:09.000]  Now, you don't care what they do with it.
[43:09.000 --> 43:24.000]  But if a policeman, a bailiff, anybody says anything to you that you can in any way construe as being threatening or intimidating,
[43:24.000 --> 43:30.000]  you say, wait a minute, that district judge sent you down here to harass me, didn't he?
[43:30.000 --> 43:37.000]  Just because I filed one crummy little complaint against him with the attorney general, he sent me down here, didn't he?
[43:37.000 --> 43:41.000]  And you watch these guys run like rabbits.
[43:41.000 --> 43:46.000]  That'll scare the bejesus out of them because they're terrified of that district judge.
[43:46.000 --> 43:53.000]  And if you start accusing the district judge of what they did, they're not going to be happy campers.
[43:53.000 --> 43:54.000]  Hang on, Randy Kelton.
[43:54.000 --> 44:08.000]  Deborah Stevens, Rue La Radio, we'll be right back.
[44:24.000 --> 44:47.000]  All right.
[44:47.000 --> 45:01.000]  Nature is pure organics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:15.000 --> 46:24.000]  Okay, we are back. Randy Kelton, Denver Stevens, Rule of Law Radio, and we're talking to Jeff in Mississippi.
[46:24.000 --> 46:27.000]  So that's what I'd suggest for the time being.
[46:27.000 --> 46:46.000]  While you're building up your timeline, go through your timeline. You might go through the penal code, especially the section on official acts.
[46:46.000 --> 46:57.000]  Like chapter 39 in the Texas penal code, that's the chapter that has crimes that only public officials can commit.
[46:57.000 --> 47:01.000]  You need to read that chapter for sure.
[47:01.000 --> 47:17.000]  And then when someone violates a provision of this chapter, look at how that ties into things like criminal conspiracy, obstruction of justice.
[47:17.000 --> 47:29.000]  When you start filing criminal complaints and if somebody says, man, you really have to be careful, you could get in serious trouble, that's witness tampering.
[47:29.000 --> 47:33.000]  That's felony in every state.
[47:33.000 --> 47:38.000]  Now they don't think of it as witness tampering, but you do.
[47:38.000 --> 47:45.000]  And if you feel threatened or intimidated, then it violates the act.
[47:45.000 --> 47:52.000]  And they may feel like you shouldn't feel threatened or intimidated, but they've got to take you the way they find you.
[47:52.000 --> 47:59.000]  So if I can get one of them to do that, wonderful.
[47:59.000 --> 48:04.000]  Now I've got two other quick questions.
[48:04.000 --> 48:12.000]  In the trial, I told the judge twice that I'm going to need my attorney to file for my appeal just because I didn't want them to jump ship.
[48:12.000 --> 48:20.000]  Well, my attorney jumped ship and I bargrieved him and put a judicial complaint against the judge, but he still jumped ship.
[48:20.000 --> 48:23.000]  He did not file for my appeal.
[48:23.000 --> 48:26.000]  Then he sent me – he didn't file a notice of appeal.
[48:26.000 --> 48:33.000]  Then he sent me an email saying that the appeals court public defender will file for my appeal.
[48:33.000 --> 48:49.000]  So – and now I have a letter from the Office of the Public Defender Indigent Appeals Division, but it just says that we will – that the jurisdiction will –
[48:49.000 --> 48:59.000]  okay, the jury – we will perfect your appeal once it goes – once your motion for a new trial is denied, we will perfect your appeal.
[48:59.000 --> 49:03.000]  But it doesn't say that they're going to file for my appeal.
[49:03.000 --> 49:05.000]  And I know what they're trying to do.
[49:05.000 --> 49:11.000]  They're trying to get the 30 days to run out and me not file the notice.
[49:11.000 --> 49:21.000]  Probably you need to file a motion to the court of appeals asking the court of appeals to appoint counsel.
[49:21.000 --> 49:22.000]  Okay.
[49:22.000 --> 49:25.000]  So you get the motion and you can file the notice of appeal.
[49:25.000 --> 49:31.000]  Notice of intent to appeal is simply I hereby give notice to the court of my intent to appeal.
[49:31.000 --> 49:34.000]  You don't argue any issues.
[49:34.000 --> 49:44.000]  It's just simply notice, and that essentially perfects your appeal if your indigent has no filing fees or anything.
[49:44.000 --> 49:48.000]  You need to make sure there's no exceptions in Mississippi.
[49:48.000 --> 49:53.000]  The letter states that we will receive a copy of an order denying your motion.
[49:53.000 --> 49:55.000]  We will perfect your appeal.
[49:55.000 --> 49:59.000]  If you receive a notice or a copy of such order, please let us know.
[49:59.000 --> 50:05.000]  I emailed, I don't have an attorney yet, so I just emailed the head of the appeals division
[50:05.000 --> 50:13.000]  and just gave an email saying that I've been denied and you better file my notice for appeal.
[50:13.000 --> 50:17.000]  So you need to go ahead and do that.
[50:17.000 --> 50:28.000]  You should send a motion requesting that they appoint counsel rather than wait for them to decide to get around to it.
[50:28.000 --> 50:34.000]  But if you have this notice from them in writing, you're pretty well covered.
[50:34.000 --> 50:36.000]  Okay.
[50:36.000 --> 50:43.000]  Plus I have an email from my own attorney saying that the appeals public defender will file my notice for appeal,
[50:43.000 --> 50:48.000]  and I forwarded that to the appeals public defender office.
[50:48.000 --> 50:49.000]  Okay.
[50:49.000 --> 50:52.000]  You're pretty well covered due process-wise.
[50:52.000 --> 50:53.000]  You should be okay.
[50:53.000 --> 50:55.000]  Okay.
[50:55.000 --> 50:57.000]  Another question.
[50:57.000 --> 51:01.000]  My last one is this is something I just found out.
[51:01.000 --> 51:07.000]  I should have said this in court, but I didn't know it at the time, Heller v. D.C.
[51:07.000 --> 51:17.000]  It was a Supreme Court decision in 2008 stating that some statutes are not constitutional or against the Constitution,
[51:17.000 --> 51:19.000]  and I should have claimed that in court.
[51:19.000 --> 51:20.000]  I did not.
[51:20.000 --> 51:26.000]  Can I enter that into my appeals brief as late evidence or a late claim?
[51:26.000 --> 51:27.000]  Okay.
[51:27.000 --> 51:28.000]  That's case law.
[51:28.000 --> 51:29.000]  That's not evidence.
[51:29.000 --> 51:33.000]  Yes, absolutely you can enter case law.
[51:33.000 --> 51:34.000]  Okay.
[51:34.000 --> 51:39.000]  But what you can't enter is facts that you had knowledge of,
[51:39.000 --> 51:46.000]  or you can't raise issues that weren't raised in the original trial.
[51:46.000 --> 51:55.000]  But if a statute is unconstitutional, it's void from the beginning.
[51:55.000 --> 51:57.000]  You could always argue that.
[51:57.000 --> 51:59.000]  But I didn't say that in court.
[51:59.000 --> 52:00.000]  Doesn't matter.
[52:00.000 --> 52:06.000]  If a statute is unconstitutional, it is void ab initio.
[52:06.000 --> 52:10.000]  You can't waive that voidness.
[52:10.000 --> 52:15.000]  So you can challenge this void nature at any time.
[52:15.000 --> 52:16.000]  Okay.
[52:16.000 --> 52:17.000]  Good.
[52:17.000 --> 52:18.000]  Okay.
[52:18.000 --> 52:23.000]  And I will probably ask about that again as I get my brief together.
[52:23.000 --> 52:26.000]  So okay, well, you've certainly given me a big assignment.
[52:26.000 --> 52:28.000]  I'll let the other callers come on,
[52:28.000 --> 52:31.000]  and I'll call in next week and tell you where I'm at.
[52:31.000 --> 52:32.000]  All right.
[52:32.000 --> 52:34.000]  Thank you, Jeff.
[52:34.000 --> 52:35.000]  Thank you, guys.
[52:35.000 --> 52:36.000]  Okay.
[52:36.000 --> 52:38.000]  Now we're going to go to Dan in Arizona.
[52:38.000 --> 52:42.000]  Hello, Dan.
[52:42.000 --> 52:43.000]  Hi.
[52:43.000 --> 52:44.000]  How are you doing?
[52:44.000 --> 52:45.000]  Thanks for taking my call.
[52:45.000 --> 52:46.000]  I am doing good.
[52:46.000 --> 52:50.000]  What do you have for us today?
[52:50.000 --> 52:56.000]  Okay, so last month, I was on a road trip with my family,
[52:56.000 --> 52:58.000]  and we went out to Arkansas, Missouri,
[52:58.000 --> 53:01.000]  and then on the way back to Arizona, we're going through Texas.
[53:01.000 --> 53:09.000]  And in El Paso, I got pulled over by DPS, and they issued me a citation.
[53:09.000 --> 53:16.000]  So I have the citation, and as I get back home here working on my case,
[53:16.000 --> 53:21.000]  I then filed paperwork, filed a special appearance
[53:21.000 --> 53:25.000]  and motion to dismiss for lack of jurisdiction.
[53:25.000 --> 53:31.000]  I filed a Public Information Act request, a declamation decree.
[53:31.000 --> 53:37.000]  And so then on the citation, it says on there, you know,
[53:37.000 --> 53:39.000]  you must appear by such date.
[53:39.000 --> 53:44.000]  On mine, it was the 10th, which was yesterday.
[53:44.000 --> 53:51.000]  On Sunday, I traveled down there, and I asked to see the judge,
[53:51.000 --> 53:55.000]  and they said, you know, judge isn't seeing anybody today.
[53:55.000 --> 54:00.000]  So I said, well, I have a paper here I'd like to file,
[54:00.000 --> 54:05.000]  and it was just a paper saying that I had appeared there on that date.
[54:05.000 --> 54:10.000]  And she went back, talked to somebody, and this guy comes out,
[54:10.000 --> 54:15.000]  and he says to me, well, we're working with the county.
[54:15.000 --> 54:20.000]  And I said, okay, well, what about my motion to dismiss for lack of jurisdiction?
[54:20.000 --> 54:22.000]  And he didn't really give me an answer.
[54:22.000 --> 54:25.000]  He just again said, you know, we're working with the county.
[54:25.000 --> 54:30.000]  And then he goes on to tell me that the court is going to enter a plea for me
[54:30.000 --> 54:32.000]  if I don't enter a plea.
[54:32.000 --> 54:37.000]  And then I said to him, well, under Texas law, you can do that,
[54:37.000 --> 54:42.000]  only if you have jurisdiction, which is what my motion to dismiss,
[54:42.000 --> 54:45.000]  you know, is all about, you're lacking jurisdiction.
[54:45.000 --> 54:48.000]  He kind of shrugged at me and then walked away.
[54:48.000 --> 54:51.000]  So then as I'm talking to the clerk there, I said,
[54:51.000 --> 54:54.000]  can you give me something showing that, you know,
[54:54.000 --> 54:58.000]  I just filed this paper saying that I appeared on this day?
[54:58.000 --> 55:00.000]  And he says, sure.
[55:00.000 --> 55:03.000]  So then she gives me this case summary,
[55:03.000 --> 55:08.000]  and it's a snapshot of their internal workings of their computer.
[55:08.000 --> 55:13.000]  And it has all these events that want to ask questions and things like that.
[55:13.000 --> 55:18.000]  And one of them says, if a defendant calls and asks questions,
[55:18.000 --> 55:25.000]  you may not answer the question as the item is under review by county attorney.
[55:25.000 --> 55:27.000]  So my question to you is,
[55:27.000 --> 55:33.000]  do I have anything here to file criminal charges against the judge
[55:33.000 --> 55:40.000]  or somebody there for telling their staff not to talk to me?
[55:40.000 --> 55:46.000]  No, because their staff can't.
[55:46.000 --> 55:54.000]  I'm not sure what that meant, that they weren't to answer your questions.
[55:54.000 --> 55:58.000]  That would be great because it's under review.
[55:58.000 --> 55:59.000]  I'm not sure.
[55:59.000 --> 56:00.000]  I'm not sure what we're talking about.
[56:00.000 --> 56:04.000]  I probably have to see the document to be able to make sense of it,
[56:04.000 --> 56:10.000]  of the context that the document is in.
[56:10.000 --> 56:15.000]  Do you listen to Eddie on Monday nights?
[56:15.000 --> 56:17.000]  I do, yes, I do.
[56:17.000 --> 56:19.000]  I kind of got that idea.
[56:19.000 --> 56:24.000]  He would be much better to handle this than me.
[56:24.000 --> 56:34.000]  I kind of stay out of the traffic issue because that is his area.
[56:34.000 --> 56:40.000]  And it'd probably be better if you called him on Monday.
[56:40.000 --> 56:50.000]  If the judge is instructing his personnel not to give you information,
[56:50.000 --> 56:56.000]  that could be an issue.
[56:56.000 --> 57:05.000]  And you could file a criminal complaint against the judge just for yokes.
[57:05.000 --> 57:06.000]  Okay.
[57:06.000 --> 57:16.000]  It has the appearance of the judge denying you in a public court
[57:16.000 --> 57:22.000]  because it sounds like he's instructing his personnel not to give you public information.
[57:22.000 --> 57:25.000]  And they can't give you legal advice anyway,
[57:25.000 --> 57:27.000]  so they can only give you what is public information.
[57:27.000 --> 57:31.000]  It sounds like the judge is advising you not to,
[57:31.000 --> 57:37.000]  or advising his people not to give you public information.
[57:37.000 --> 57:39.000]  Right.
[57:39.000 --> 57:40.000]  Is there something in there?
[57:40.000 --> 57:44.000]  Because I was thinking that since the judge is waiting to hear back
[57:44.000 --> 57:48.000]  from the county attorney to rule on my motion,
[57:48.000 --> 57:52.000]  isn't that against some duty of the judge?
[57:52.000 --> 58:00.000]  No, no, no, the county attorney has to have an opportunity to respond to your motion.
[58:00.000 --> 58:03.000]  So he can't rule on it until he gets a response,
[58:03.000 --> 58:11.000]  so long as the response is within the statutory time limit.
[58:11.000 --> 58:18.000]  But these court personnel couldn't speak to the motion in any case.
[58:18.000 --> 58:20.000]  So it doesn't make sense what this is.
[58:20.000 --> 58:25.000]  Hang on, we're about to go to the top of the hour break.
[58:25.000 --> 58:31.000]  I'm trying to think to sort this out over the break.
[58:31.000 --> 58:33.000]  Telling these people not to talk to you,
[58:33.000 --> 58:38.000]  I can't imagine what they would say to you that would be an issue.
[58:38.000 --> 58:41.000]  This is Randy Kelton, Denver Stevens, we have our radio.
[58:41.000 --> 58:50.000]  I'll call it number 512-646-1984, or we'll be right back.
[58:50.000 --> 58:54.000]  The Bible remains the most popular book in the world,
[58:54.000 --> 58:58.000]  yet countless readers are frustrated because they struggle to understand it.
[58:58.000 --> 59:02.000]  Some new translations try to help by simplifying the text,
[59:02.000 --> 59:07.000]  but in the process can compromise the profound meaning of the scripture.
[59:07.000 --> 59:09.000]  Enter the recovery version.
[59:09.000 --> 59:13.000]  First, this new translation is extremely faithful and accurate,
[59:13.000 --> 59:18.000]  but the real story is the more than 9,000 explanatory footnotes.
[59:18.000 --> 59:22.000]  Difficult and profound passages are opened up in a marvelous way,
[59:22.000 --> 59:28.000]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:28.000 --> 59:33.000]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.000 --> 59:44.000]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102,
[59:44.000 --> 59:48.000]  or by ordering online at freestudybible.com.
[59:48.000 --> 59:53.000]  That's freestudybible.com.
[59:53.000 --> 01:00:01.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:01.000 --> 01:00:05.000]  The following newsflash is brought to you by the Lone Star Lowdown,
[01:00:05.000 --> 01:00:08.000]  providing the jelly bulletins for the commodities market,
[01:00:08.000 --> 01:00:21.000]  today in history, news updates, and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:27.000]  Markets for the 11th of June, 2015, opened up with gold at $1,181.10 an ounce,
[01:00:27.000 --> 01:00:32.000]  silver $16 an ounce, Texas crude $61.43 a barrel,
[01:00:32.000 --> 01:00:42.000]  and Bitcoin is currently sitting at about $229 U.S. currency.
[01:00:42.000 --> 01:00:45.000]  Today in history, Monday, June 11, 2001,
[01:00:45.000 --> 01:00:58.000]  Timothy McVeigh is executed by lethal injection for his role in the Oklahoma City bombing of April 19, 1995.
[01:00:58.000 --> 01:01:02.000]  In recent news, Ali Amin, a 17-year-old from Manassas, Virginia,
[01:01:02.000 --> 01:01:06.000]  pleaded guilty in court today to charges of conspiring to help ISIS.
[01:01:06.000 --> 01:01:11.000]  Apparently, he used his Twitter account and blog to provide instructions on how to send Bitcoin to the Islamic State.
[01:01:11.000 --> 01:01:15.000]  He also helped Reza Nijad to travel to Syria to join them.
[01:01:15.000 --> 01:01:19.000]  This is the first time the United States has prosecuted a minor as an adult in such a case.
[01:01:19.000 --> 01:01:27.000]  He faces up to 15 years in prison when sentenced on August 28.
[01:01:27.000 --> 01:01:29.000]  The American Civil Liberties Union, representing Gavin Grimm,
[01:01:29.000 --> 01:01:33.000]  has filed complaints against Gloucester County School Board in Richmond, Virginia.
[01:01:33.000 --> 01:01:39.000]  The complaint states that Grimm, 16, was designated female at birth but as a male gender identity.
[01:01:39.000 --> 01:01:41.000]  He has been diagnosed as having gender dysphoria,
[01:01:41.000 --> 01:01:46.000]  a medical condition characterized by distress stemming from conflict between a person's gender identity
[01:01:46.000 --> 01:01:48.000]  and the person's assigned sex at birth.
[01:01:48.000 --> 01:01:51.000]  Apparently, he had used the communal restrooms without incident
[01:01:51.000 --> 01:01:55.000]  until the board responding to complaints from local residents adopted a policy in December
[01:01:55.000 --> 01:01:58.000]  requiring transgender students to use a private facility.
[01:01:58.000 --> 01:02:05.000]  The ACLU is suing to get him to be able to use them.
[01:02:05.000 --> 01:02:10.000]  The Lightsail spacecraft, a privately funded space project by members of the Planetary Society,
[01:02:10.000 --> 01:02:16.000]  demonstrated how a tiny motor could unfurl four thin Mylar films into an area as big as a living room.
[01:02:16.000 --> 01:02:22.000]  What for, you ask? It is to practice a space propulsion technique known as solar sailing.
[01:02:22.000 --> 01:02:27.000]  The basic idea is to use the pressure of photons from the sun against a film to generate forward momentum.
[01:02:27.000 --> 01:02:31.000]  Confirmation via a Lightsail selfie finally came in on Tuesday.
[01:02:31.000 --> 01:02:35.000]  Pontic managers are trying to run other tests to put the spacecraft through
[01:02:35.000 --> 01:02:45.000]  before it succumbs to Earth's gravity and is pulled back into the atmosphere sometime this weekend.
[01:02:45.000 --> 01:02:48.000]  The Lone Star Lowdown is probably looking for sponsors.
[01:02:48.000 --> 01:02:55.000]  If you have a product or a service you'd like to advertise in the Lowdown, feel free to give us a call at 210-863-5617.
[01:02:55.000 --> 01:03:19.000]  This has been your Lowdown for June 11, 2015.
[01:03:26.000 --> 01:03:30.000]  Okay, we are back.
[01:03:30.000 --> 01:03:35.000]  Randy Kelton, Deborah Stevens, ruler of our radio, and we're talking to Dan in Arizona.
[01:03:35.000 --> 01:03:40.000]  Dan, this is really something that Eddie could handle better.
[01:03:40.000 --> 01:03:52.000]  I can't imagine why a judge would give his clerks an order who put a notation like that
[01:03:52.000 --> 01:04:04.000]  unless he looked at your pleadings and decided that this guy probably knows more about what's going on here than my people do,
[01:04:04.000 --> 01:04:09.000]  and I don't want him to see anything stupid.
[01:04:09.000 --> 01:04:12.000]  Okay, all right.
[01:04:12.000 --> 01:04:19.000]  Well, I can call back on Monday and ask him about that, but I do have one thing for you, and it's about my motion.
[01:04:19.000 --> 01:04:27.000]  I filed the motion on 9th, and now, what is today, June 11th or something like that?
[01:04:27.000 --> 01:04:33.000]  How long does a judge have to sit on a motion before they have to rule?
[01:04:33.000 --> 01:04:35.000]  That's hard to say.
[01:04:35.000 --> 01:04:37.000]  They can sit on a motion a long time.
[01:04:37.000 --> 01:04:48.000]  You might file a motion with the court to put this motion, or you might file with the court to put this motion on for hearing.
[01:04:48.000 --> 01:04:50.000]  Now, wait a minute.
[01:04:50.000 --> 01:04:54.000]  You challenge subject matter jurisdiction?
[01:04:54.000 --> 01:04:57.000]  That's not a motion.
[01:04:57.000 --> 01:05:07.000]  Okay, that's a pleading, and that has to be heard before anything else can be heard.
[01:05:07.000 --> 01:05:09.000]  So they can't do anything until they hear that.
[01:05:09.000 --> 01:05:16.000]  You might contact the court and ask to talk to the court coordinator.
[01:05:16.000 --> 01:05:27.000]  Well, whoever keeps the calendar for the court, because you want to put this challenge subject matter jurisdiction on the court docket for hearing,
[01:05:27.000 --> 01:05:32.000]  and that'll probably confuse them because they're a municipal court, and they don't know what they're doing.
[01:05:32.000 --> 01:05:39.000]  But they'll go ask the judge, and he'll know what you're trying to do.
[01:05:39.000 --> 01:05:44.000]  You are breaking up really bad.
[01:05:44.000 --> 01:05:47.000]  Hello, Dan.
[01:05:47.000 --> 01:05:48.000]  Hello, Dan.
[01:05:48.000 --> 01:05:52.000]  I think we've lost you.
[01:05:52.000 --> 01:05:53.000]  Can you hear me, Randy?
[01:05:53.000 --> 01:05:54.000]  Yeah, now I can hear you.
[01:05:54.000 --> 01:05:58.000]  Okay.
[01:05:58.000 --> 01:06:00.000]  Okay, I don't think that is.
[01:06:00.000 --> 01:06:05.000]  I think his connection is breaking up.
[01:06:05.000 --> 01:06:12.000]  Okay, Dan, do you have that thing on speakerphone?
[01:06:12.000 --> 01:06:16.000]  Dan, I'm just getting bits and pieces.
[01:06:16.000 --> 01:06:17.000]  Call in on Monday.
[01:06:17.000 --> 01:06:20.000]  We're losing your connection here.
[01:06:20.000 --> 01:06:21.000]  Call in and talk to Eddie.
[01:06:21.000 --> 01:06:24.000]  He'll have a lot better information on this than I do.
[01:06:24.000 --> 01:06:27.000]  And sorry about the connection thing.
[01:06:27.000 --> 01:06:29.000]  Okay, we're going to go to Linda in Tennessee.
[01:06:29.000 --> 01:06:31.000]  Hello, Linda.
[01:06:31.000 --> 01:06:32.000]  Hello, Randy.
[01:06:32.000 --> 01:06:34.000]  Thank you for taking my call.
[01:06:34.000 --> 01:06:40.000]  Oh, you know, I have a sister in Tennessee named Linda.
[01:06:40.000 --> 01:06:42.000]  Yes.
[01:06:42.000 --> 01:06:48.000]  And she could be the single meanest human being that God ever made.
[01:06:48.000 --> 01:06:51.000]  I am not her.
[01:06:51.000 --> 01:07:02.000]  She was on my show once, and she said, I'm the one Randy says is the meanest human being God ever made.
[01:07:02.000 --> 01:07:04.000]  Well, she takes it well.
[01:07:04.000 --> 01:07:07.000]  I only get mean people try to do stuff to me.
[01:07:07.000 --> 01:07:09.000]  That is not right.
[01:07:09.000 --> 01:07:12.000]  And this is one of the reasons I'm calling.
[01:07:12.000 --> 01:07:15.000]  I live in a mobile home that I've paid for.
[01:07:15.000 --> 01:07:17.000]  I rent a lot.
[01:07:17.000 --> 01:07:27.000]  And in Tennessee, or yes, at least this part, we pay a city tax and a county tax on the mobile home.
[01:07:27.000 --> 01:07:29.000]  It's a real estate tax.
[01:07:29.000 --> 01:07:31.000]  It does list it as real estate.
[01:07:31.000 --> 01:07:35.000]  I have already gone to some people that, how can this be real estate?
[01:07:35.000 --> 01:07:36.000]  It's unreal.
[01:07:36.000 --> 01:07:38.000]  I can pull it out in a day.
[01:07:38.000 --> 01:07:40.000]  And they say, oh, there's law, there's litigation.
[01:07:40.000 --> 01:07:44.000]  Well, I've yet to go ahead and dig that information out.
[01:07:44.000 --> 01:07:57.000]  But what I have going right now is I am in arrears of a whole $115 for the City of Memphis real estate tax.
[01:07:57.000 --> 01:08:04.000]  In the past, I've been in arrears up to two years, and nothing has ever happened.
[01:08:04.000 --> 01:08:06.000]  I don't get any notice from the city at all.
[01:08:06.000 --> 01:08:11.000]  So what I have in my hand right now is from the mobile home community.
[01:08:11.000 --> 01:08:16.000]  And it is from the management of the mobile home community.
[01:08:16.000 --> 01:08:23.000]  And it is my final notice that I am in violation of my lease agreement.
[01:08:23.000 --> 01:08:26.000]  And our lease does say that we have to pay our taxes,
[01:08:26.000 --> 01:08:32.000]  but it doesn't say what the consequences are if we don't pay our taxes.
[01:08:32.000 --> 01:08:36.000]  And then it says, if I don't pay my taxes immediately,
[01:08:36.000 --> 01:08:42.000]  they will take legal action and I will be held responsible for legal fees.
[01:08:42.000 --> 01:08:49.000]  And then it says, if I further refuse, they are going to take possession of my home.
[01:08:49.000 --> 01:09:00.000]  Question, does a private corporation like the Allentown community have the right to interfere, first of all, in my bill?
[01:09:00.000 --> 01:09:05.000]  This would be like a gas bill or a mortgage bill or something like that,
[01:09:05.000 --> 01:09:11.000]  and make these kinds of threats to me.
[01:09:11.000 --> 01:09:17.000]  And again, take possession means stealing my property.
[01:09:17.000 --> 01:09:26.000]  I will be paying this, but I want them to know that they've overstepped the bounds again.
[01:09:26.000 --> 01:09:33.000]  I called you about a year ago concerning my ban, and they were going to tell it because the tags were out by six days.
[01:09:33.000 --> 01:09:35.000]  You gave me fantastic information.
[01:09:35.000 --> 01:09:38.000]  These people never touched it.
[01:09:38.000 --> 01:09:41.000]  You know, trespassing scientists, these are the same people.
[01:09:41.000 --> 01:09:49.000]  They think they're dealing with ignorant people who go, oh, please, please, take my money.
[01:09:49.000 --> 01:09:51.000]  Don't hurt me.
[01:09:51.000 --> 01:09:58.000]  What initially strikes me is overshadowing.
[01:09:58.000 --> 01:10:12.000]  Overshadowing is when someone threatens to do something that they either do not have the power to do or that they have no intention of doing.
[01:10:12.000 --> 01:10:16.000]  So first, I'd have to go back to your contract.
[01:10:16.000 --> 01:10:28.000]  Now, taking possession of your private property, there probably is a provision in the contract for them to do that,
[01:10:28.000 --> 01:10:44.000]  but only if you were somehow to get in arrears sufficiently that they would sue and get a lien against your property.
[01:10:44.000 --> 01:10:47.000]  Okay, a lien I can see.
[01:10:47.000 --> 01:10:48.000]  Okay.
[01:10:48.000 --> 01:10:53.000]  I can understand a lien by the city.
[01:10:53.000 --> 01:11:11.000]  But for the park to collect for the city, oh, that could be so much fun.
[01:11:11.000 --> 01:11:21.000]  Okay, here's one of the things I really like to do is hammer the innocent party.
[01:11:21.000 --> 01:11:35.000]  You should find out who collects the taxes for the city and accuse whoever collects the tax for the city of overshadowing,
[01:11:35.000 --> 01:11:48.000]  of threatening and intimidating you through your leaseholder in an act of overshadowing, which is actionable.
[01:11:48.000 --> 01:11:56.000]  No, the term overshadowing, is that what the person does to like me or is it somebody,
[01:11:56.000 --> 01:12:03.000]  is the tax department overshadowing the community here?
[01:12:03.000 --> 01:12:09.000]  Yeah, when someone threatens to do something they have no power to do.
[01:12:09.000 --> 01:12:16.000]  Like if a policeman tells you that, asks you who you are, and I went into court recently,
[01:12:16.000 --> 01:12:22.000]  and we had to go through those annoying metal detectors, so I went into court room and I called the bailiff over and I said,
[01:12:22.000 --> 01:12:28.000]  I need to see the docket chief for this case, for this hearing today.
[01:12:28.000 --> 01:12:29.000]  Well, who are you?
[01:12:29.000 --> 01:12:30.000]  None of your business.
[01:12:30.000 --> 01:12:32.000]  Well, I need to know who you are.
[01:12:32.000 --> 01:12:34.000]  You don't need to know any such thing.
[01:12:34.000 --> 01:12:37.000]  Look, if you don't tell me who you are, I'm going to arrest you.
[01:12:37.000 --> 01:12:39.000]  That's overshadowing.
[01:12:39.000 --> 01:12:40.000]  Okay.
[01:12:40.000 --> 01:12:48.000]  I said, I said, Bubba, knock yourself out and held out my hands with my palms up,
[01:12:48.000 --> 01:12:53.000]  like go ahead and put the cuffs on me, smart man.
[01:12:53.000 --> 01:12:55.000]  And he decided to back up.
[01:12:55.000 --> 01:12:59.000]  That was overshadowing where he threatened to do something he had no power to do.
[01:12:59.000 --> 01:13:03.000]  And they threatened to take possession of your property.
[01:13:03.000 --> 01:13:05.000]  That terrified you.
[01:13:05.000 --> 01:13:11.000]  That scared you so bad that you were subjected to severe emotional distress.
[01:13:11.000 --> 01:13:13.000]  I can hear it in your voice.
[01:13:13.000 --> 01:13:14.000]  Yes.
[01:13:14.000 --> 01:13:15.000]  Don't try to hide it.
[01:13:15.000 --> 01:13:16.000]  I can hear it.
[01:13:16.000 --> 01:13:18.000]  I can tell these things.
[01:13:18.000 --> 01:13:19.000]  Okay.
[01:13:19.000 --> 01:13:26.000]  The person that signed this gave her name and said, tax collection department.
[01:13:26.000 --> 01:13:34.000]  I do not know this person here locally, so it could be their headquarters or somebody like that.
[01:13:34.000 --> 01:13:35.000]  Okay.
[01:13:35.000 --> 01:13:36.000]  I don't know.
[01:13:36.000 --> 01:13:42.000]  First thing is when we get done here, do a search for overshadowing.
[01:13:42.000 --> 01:13:45.000]  I can do it here, but I'll get all Texas hits.
[01:13:45.000 --> 01:13:46.000]  Okay.
[01:13:46.000 --> 01:13:49.000]  I do overshadowing in Tennessee.
[01:13:49.000 --> 01:13:51.000]  And here's the deal.
[01:13:51.000 --> 01:13:53.000]  You're not a lawyer.
[01:13:53.000 --> 01:14:00.000]  And not being a lawyer, you have powers and abilities far beyond those of mortal lawyers.
[01:14:00.000 --> 01:14:03.000]  You can do things a lawyer would never do.
[01:14:03.000 --> 01:14:12.000]  For instance, you could file a suit that you don't care if you win or not.
[01:14:12.000 --> 01:14:18.000]  You want to always have a claim, but if you want these people not to bother you,
[01:14:18.000 --> 01:14:24.000]  then you look up overshadowing, look for the elements of overshadowing,
[01:14:24.000 --> 01:14:26.000]  and you're almost certainly going to have it here.
[01:14:26.000 --> 01:14:34.000]  While they may have a provision in their contract that requires that you keep your taxes paid,
[01:14:34.000 --> 01:14:47.000]  unless it specifies what constitutes nonpayment, then how would they make the claim?
[01:14:47.000 --> 01:14:54.000]  I mean, are you in nonpayment the day after they're due?
[01:14:54.000 --> 01:14:59.000]  Or is it the second day after they're due or a week, a month?
[01:14:59.000 --> 01:15:03.000]  What constitutes nonpayment?
[01:15:03.000 --> 01:15:13.000]  And it would be the city that would have to raise the issue of nonpayment with you, not these people.
[01:15:13.000 --> 01:15:15.000]  So that's the first thing.
[01:15:15.000 --> 01:15:20.000]  What's the difference between nonpayment and in arrears?
[01:15:20.000 --> 01:15:23.000]  That's exactly where I'm going.
[01:15:23.000 --> 01:15:25.000]  What is the definition?
[01:15:25.000 --> 01:15:28.000]  So that's the first thing to define.
[01:15:28.000 --> 01:15:36.000]  And then what is the remedy for a breach of this covenant of the contract?
[01:15:36.000 --> 01:15:40.000]  In order to enforce a covenant of this nature,
[01:15:40.000 --> 01:15:45.000]  they're going to have to show that they were harmed by the breach.
[01:15:45.000 --> 01:15:51.000]  And they can't show that they were harmed by the breach unless the city's tried to collect from them.
[01:15:51.000 --> 01:15:53.000]  And if the city tries to collect from them,
[01:15:53.000 --> 01:16:00.000]  then they may be able to claim harm by the breach and then attempt to exercise the provisions in the contract.
[01:16:00.000 --> 01:16:05.000]  But to take possession of the property, that's something that's not likely to be in the contract
[01:16:05.000 --> 01:16:08.000]  and they're not likely to be able to do.
[01:16:08.000 --> 01:16:10.000]  Right.
[01:16:10.000 --> 01:16:17.000]  Eviction has always been the consequence of, you know, you do this, you must do this, you must do that, or, you know, goodbye.
[01:16:17.000 --> 01:16:19.000]  Yeah, get the heck out of my park.
[01:16:19.000 --> 01:16:21.000]  That's what it would normally be.
[01:16:21.000 --> 01:16:24.000]  So that's why I said this was overshadowed.
[01:16:24.000 --> 01:16:28.000]  Them taking possession of your property is not going to happen.
[01:16:28.000 --> 01:16:31.000]  Okay, we're about to go to break.
[01:16:31.000 --> 01:16:33.000]  We've got a bunch more callers.
[01:16:33.000 --> 01:16:35.000]  Do some research on this.
[01:16:35.000 --> 01:16:39.000]  And call back tomorrow night and tell me what you find out overshadowed.
[01:16:39.000 --> 01:16:40.000]  Okay, I will.
[01:16:40.000 --> 01:16:41.000]  Thank you, Randy.
[01:16:41.000 --> 01:16:42.000]  Okay, thank you.
[01:16:42.000 --> 01:16:48.000]  This is Randy Kelton, Debra Stevens, Rue de la Radio, a call-in number, 512-646-1984.
[01:16:48.000 --> 01:16:50.000]  Jeff, Stephanie, I see you there.
[01:16:50.000 --> 01:16:52.000]  We'll pick you up on the other side.
[01:16:52.000 --> 01:17:01.000]  We'll be right back.
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[01:19:28.000 --> 01:19:36.000]  Well, ain't gonna fool me with that same old trick again,
[01:19:36.000 --> 01:19:41.000]  I was blindsided but now I can feel it,
[01:19:41.000 --> 01:19:46.000]  You put the fear in my pocket, took the money from my hands,
[01:19:46.000 --> 01:19:51.000]  ain't gonna fool me with that same old trick again
[01:19:55.000 --> 01:19:56.000]  hang on
[01:19:56.000 --> 01:20:16.000]  okay we are back randy kelton deborah stevens rule of our radio we're going to
[01:20:16.000 --> 01:20:19.000]  jeff in maryland hello mr. jeff
[01:20:19.000 --> 01:20:30.000]  hello mr. randy how the heck are you going i am doing well i am pleased to hear it just for linda
[01:20:30.000 --> 01:20:38.000]  out of tennessee was it yes she needs to take a look at the fair debt collection practices act and
[01:20:38.000 --> 01:20:47.720]  possible violations containing that because her management firm running the park is acting as a
[01:20:47.720 --> 01:20:52.720]  debt collector for this for the state and
[01:20:56.720 --> 01:20:59.720]  i think we're losing you jeff
[01:21:03.720 --> 01:21:09.720]  okay i've kind of lost you for the moment jeff i'm going to give a chance to come back maybe your signal will come back
[01:21:09.720 --> 01:21:18.720]  i was thinking fair debt collections practices act when i was speaking to her but i wasn't certain that
[01:21:18.720 --> 01:21:28.720]  the park collecting their own debt would fall under so i didn't want to get off on that tangent
[01:21:28.720 --> 01:21:34.720]  but i might want to address that tomorrow night jeff have we lost you all together
[01:21:34.720 --> 01:21:44.720]  it appears as though we have jeff if you can call back in because we seem to have lost your signal
[01:21:44.720 --> 01:21:53.720]  okay we are going to go to stefan and that looks like idaho is that idaho or indiana hello stefan
[01:21:53.720 --> 01:22:00.720]  stefan
[01:22:00.720 --> 01:22:04.720]  there you go okay i thought maybe it was me
[01:22:04.720 --> 01:22:09.720]  can you hear me i can hear you now yes
[01:22:09.720 --> 01:22:17.720]  okay yeah this is stefan in idaho and i'm calling into what happened is i had a salt and battery
[01:22:17.720 --> 01:22:23.720]  committed on me and the city attorney is refusing to give me a no contact order
[01:22:23.720 --> 01:22:31.720]  he's claiming that it's up to the discretion of the court where in the idaho code it says
[01:22:31.720 --> 01:22:40.720]  no contact order will be issued pursuant to the idaho code and the section is no salt and battery
[01:22:40.720 --> 01:22:51.720]  so he and then also in the code it says either by the court or by the criminal code
[01:22:51.720 --> 01:22:58.720]  and the reason why it says either by the court is it doesn't meet the level of a salt and battery
[01:22:58.720 --> 01:23:05.720]  like if i have the right to tell you you don't have the right to interact with me
[01:23:05.720 --> 01:23:10.720]  okay you can ask for a protect you're talking about a protective order
[01:23:10.720 --> 01:23:19.720]  correct yeah and it's administrative order if you if you look it up it says that it's administrative order
[01:23:19.720 --> 01:23:29.720]  which means to me that anybody it's just a process of if you if you have a salt and battery
[01:23:29.720 --> 01:23:36.720]  it's just an automatic process of getting a no contact order okay so saying that it's
[01:23:36.720 --> 01:23:44.720]  so if if somebody's just annoying you say simple assault you can petition for a protective order
[01:23:44.720 --> 01:23:54.720]  but if someone physically assaults you then a protective order is statutory right exactly
[01:23:54.720 --> 01:24:00.720]  in other words it's administrative if out of the court's hands they have to issue one
[01:24:00.720 --> 01:24:11.720]  okay look in the idaho penal code in sections on duties of officers
[01:24:11.720 --> 01:24:19.720]  you're going to have some representation of the Ku Klux Klan act and the Ku Klux Klan act says
[01:24:19.720 --> 01:24:27.720]  if a public official acting under the color of an official's authority exerts or purports to exert an authority
[01:24:27.720 --> 01:24:35.720]  he does not expressly have or fails to perform a duty he is required to perform in the process to not
[01:24:35.720 --> 01:24:42.720]  as a citizen form free access to enjoyment right that's a criminal act you're going to have some form of that
[01:24:42.720 --> 01:24:51.720]  in idaho we have it intact because it says exactly the same thing as the federal Ku Klux Klan act says
[01:24:51.720 --> 01:24:59.720]  and most every state i've looked at has it and it's almost exactly the same wording so this goes to
[01:24:59.720 --> 01:25:07.720]  misfeasance in office misfeasance in that he failed to perform a duty he was required to perform
[01:25:07.720 --> 01:25:14.720]  and in the process denied you an equal protection of the laws that should be a crime in idaho
[01:25:14.720 --> 01:25:24.720]  i suggest you make up a criminal complaint and take it to the district attorney's office against the district attorney
[01:25:24.720 --> 01:25:38.720]  yes okay uh steven are you on a speaker's phone you're feeding back really bad no i'm on headset
[01:25:38.720 --> 01:25:50.720]  you've got a lot of noise in the background oh i apologize well i think you've given me enough information right now
[01:25:50.720 --> 01:26:02.720]  to uh to pursue it okay thanks for your help you are most welcome okay now we're going to go back to mr jeff
[01:26:02.720 --> 01:26:14.720]  are you able to hear me at this point yeah now i got you back okay um linda tennessee as i understood from what she said
[01:26:14.720 --> 01:26:26.720]  the mobile home park administration is attempting or is threatening her over a real property tax issue on her mobile home
[01:26:26.720 --> 01:26:41.720]  that's the way it sounded and what i wasn't sure of is if the sense is the motor home company i mean the rental company
[01:26:41.720 --> 01:26:55.720]  if they had this in their agreement as to how the the taxes were to be paid so they were acting under their own contract
[01:26:55.720 --> 01:27:09.720]  so they're not actually trying to collect it they're trying to ensure that she remains within the covenants of the contract
[01:27:09.720 --> 01:27:19.720]  would that still put them under their contract that's why i didn't go there are you saying an attorney that attempts to collect it for a discover
[01:27:19.720 --> 01:27:33.720]  is not attempting to collect well i'm he's not saying send me any money he's saying your contract says you're going to send that person money
[01:27:33.720 --> 01:27:43.720]  and you didn't send that person money you're in violation of my contract okay would that would that make them a debt collector
[01:27:43.720 --> 01:27:52.720]  she's in violation of their agreement that's an attempt to collect the debt randy oh good good that's why i didn't go there because i wasn't sure about that
[01:27:52.720 --> 01:28:10.720]  fine points on the taxes on real property property tax is considered a consumer debt yeah but if the original debtor is collecting
[01:28:10.720 --> 01:28:23.720]  then that's not faraday but since this is not the original debtor since the city is the debtor of the noble home park is getting rich to do it
[01:28:23.720 --> 01:28:35.720]  oh that would be great fun okay to have her under fair debt collection practices that so that would definitely get her under overshadowing
[01:28:35.720 --> 01:28:49.720]  right now i sent you two cases and that's the reason behind my call okay sure if you remember miss amati who worked for chase who was a whistleblower
[01:28:49.720 --> 01:29:01.720]  and got fired she filed a case down there in texas for wrongful termination and amongst the things that she filed for was that she was terminated
[01:29:01.720 --> 01:29:11.720]  because she brought to the attention that the chase was selling fraudulent debt that they had no knowledge of the person owing it
[01:29:11.720 --> 01:29:22.720]  no knowledge if the amount was correct no knowledge if the debt had ever been paid by bankruptcy or if the consumer paid it or if the consumer owed it at all
[01:29:22.720 --> 01:29:34.720]  okay and they found they chased out a motion to dismiss spelling all of that out including the forward flow agreement
[01:29:34.720 --> 01:29:42.720]  okay now you got my attention hang on we'll be right back we're going to break this is randy kelton
[01:29:42.720 --> 01:29:52.720]  they're receiving the view of our radio our call in number 512-646-1984 if you have a question or comment give us a call we've got two more segments
[01:29:52.720 --> 01:29:59.720]  we'll be right back
[01:29:59.720 --> 01:30:14.720]  is it stealing to download music from the internet you might be surprised at the way college students answer that question i'm dr catherine albrecht and i'll be back in a moment with results of a new study that explores current attitudes about digital piracy
[01:30:14.720 --> 01:30:30.720]  privacy is under attack when you give up data about yourself you'll never get it back again and once your privacy is gone you'll find your freedoms will start to vanish too so protect your rights say no to surveillance and keep your information to yourself
[01:30:30.720 --> 01:30:43.720]  privacy it's worth hanging on to this public service announcement is brought to you by startpage.com the private search engine alternative to google yahoo and bing start over with start page
[01:30:43.720 --> 01:31:02.720]  you've probably seen public service messages about digital piracy one of the most famous ads likens illegally downloading digital content to stealing a car but apparently those education efforts aren't working a new study by the university of nebraska found that students believe shoplifting a cd from a music store is wrong
[01:31:02.720 --> 01:31:17.720]  but those same students view illegal digital downloads is far less serious researchers believe digital piracy is more acceptable because there's no physical danger and no visible victim and since the practice is widespread on college campuses there's a lot of social support
[01:31:17.720 --> 01:31:30.720]  but as an author who's had my own work pirated i can say it's pretty unpleasant from this end i'm dr catherine albrecht more news and information at catherinealbrecht.com
[01:31:30.720 --> 01:31:45.720]  this is building seven a forty seven story skyscraper that fell on the afternoon of september eleven the government says that fire brought it down however fifteen hundred architects and engineers have concluded it was a controlled demolition over six thousand my fellow service members have given their lives
[01:31:45.720 --> 01:32:00.720]  thousands of my fellow first responders are dying i'm not a conspiracy theorist i'm a structural engineer i'm a new york city correction officer i'm an air force pilot i'm a father who lost his son we're americans and we deserve the truth go to rememberbuildingseven.org today
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[01:33:12.720 --> 01:33:30.720]  and who you want to check me who you take me for free to leave i want you i'm not free to leave you can't check me i'm saying don't let them check you in the morning check you in the evening put a chip in your body and then when you go computer reading you can't hide me from nobody when you say
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[01:33:58.720 --> 01:34:06.720]  okay we are back ready kelton deborah stevens real live radio and we're talking to jeff in maryland
[01:34:06.720 --> 01:34:12.720]  i've got the case up but i didn't have time to go through it okay let's go back
[01:34:12.720 --> 01:34:24.720]  seems i remember this woman who sued chase okay what is the disposition is there a disposition
[01:34:24.720 --> 01:34:40.720]  uh well this particular this particular motion was dismissed i i mean uh her claim of fraud on the part of chase uh this was dismissed uh because the court accepted their pleading that
[01:34:40.720 --> 01:34:48.720]  the the debt buyers knew they were buying a pig and a poke when chase sold it to him
[01:34:48.720 --> 01:35:00.720]  okay so you can sell anything anything as long as somebody knows the guy who buys it knows it's trash
[01:35:00.720 --> 01:35:10.720]  yes as long as you've done so with full disclosure yes yes so now now it's on the court record
[01:35:10.720 --> 01:35:18.720]  it's in the public domain now that can be used by in debt collection cases on all chase cards
[01:35:22.720 --> 01:35:30.720]  okay wait a minute uh chase cards how does this get to chase cards chase all chase credit cards
[01:35:30.720 --> 01:35:40.720]  so chase was selling their credit card to chase chase is a bank that she sued
[01:35:40.720 --> 01:35:52.720]  okay i'm not sure i understand if she worked for amati yeah but bank but you said that chase was selling debt that they didn't know anything about
[01:35:52.720 --> 01:36:06.720]  no i said that they disavowed knowing anything about okay so they didn't know if it was paid or unpaid if it was owed by the person that they said it was owed by
[01:36:06.720 --> 01:36:22.720]  okay they had no documentation now i'm getting it so but this did only refer to chase debt not to you refer to chase okay do you really think that chase is the only bank that has that footprint
[01:36:22.720 --> 01:36:36.720]  very very unlikely so yeah this begs the question uh why doesn't chase know about their own debt
[01:36:36.720 --> 01:36:40.720]  good question i don't have an answer for that
[01:36:40.720 --> 01:36:52.720]  under faraday collections practices act aren't they required to maintain computer systems that will prevent error
[01:36:52.720 --> 01:37:04.720]  well you know remember chase has bought up a huge number of smaller credit card companies
[01:37:04.720 --> 01:37:16.720]  doesn't matter yeah but they can't uh the smaller credit card companies would have been required to maintain systems
[01:37:16.720 --> 01:37:24.720]  and when chase purchases those chase becomes a holder and not a holder in due course
[01:37:24.720 --> 01:37:38.720]  yeah i understand so they would still have the responsibility to know who will swat so wouldn't that give everybody a shot under that provision of faraday collections practices act
[01:37:38.720 --> 01:37:42.720]  yeah
[01:37:42.720 --> 01:37:54.720]  it's almost incomprehensible to me that they have all of this debt and they have no idea who will swat isn't 90 percent of their business record keeping
[01:37:54.720 --> 01:38:04.720]  that's primarily the main source of their business and record keeping it does give rise to a lot of questions doesn't it
[01:38:04.720 --> 01:38:12.720]  is how do they mess things up this badly well how is it the bank examiner is allowed it
[01:38:12.720 --> 01:38:26.720]  now that part i understand they get paid off please but let's not go down that road in your own business how do you mess it up this bad it doesn't make sense to me
[01:38:26.720 --> 01:38:40.720]  yeah it doesn't but in this day of computer systems i mean it's not like you have a whole building full of accountants filling in ledgers anymore
[01:38:40.720 --> 01:38:54.720]  uh-huh okay so what does this case i can't take it in their pleadings chase stipulated to their lack of knowledge concerning the debts
[01:38:54.720 --> 01:39:02.720]  yes so that becomes collateral estoppel they declared it
[01:39:02.720 --> 01:39:14.720]  is there anything in this to indicate the scope of the debts they're referring to or is this a general indictment of chase's system in total
[01:39:14.720 --> 01:39:24.720]  there is the forward flow agreement for a particular cluster of debt i included that in the email for you
[01:39:24.720 --> 01:39:30.720]  okay the forward flow agreement okay so typical forward flow agreement
[01:39:30.720 --> 01:39:44.720]  okay so that would while it wouldn't be collateral estoppel it would be prima facie evidence of lack of proper bookkeeping
[01:39:44.720 --> 01:39:54.720]  well if you don't go down if you go back just from the consumer position they can't testify to the integrity of nothing
[01:39:54.720 --> 01:40:04.720]  yeah and that that's where i'm going to if if they've admitted that in this cluster of debt they have no idea what's going on
[01:40:04.720 --> 01:40:16.720]  how is it they only don't know what's going on in this cluster of debt do they use the same accounting procedures in all of their other debt
[01:40:16.720 --> 01:40:26.720]  or did they use a special accounting system in this debt that didn't work is there any testimony to that effect in the record and if not
[01:40:26.720 --> 01:40:36.720]  the presumption must be that they use the same accounting systems for all of their debt and will give prima facie evidence of the fact that
[01:40:36.720 --> 01:40:50.720]  that any proactive statements that they make should be considered doubtful yes i would go with that one
[01:40:50.720 --> 01:41:00.720]  i'm thinking why we can't go collateral estoppel we can go prima facie yeah that on the face of it these guys don't know what they're talking about
[01:41:00.720 --> 01:41:10.720]  so now prove it up right well at this point let's go to the second case i sent you okay and the second case i said
[01:41:10.720 --> 01:41:22.720]  you came out of the one of the appeals courts in florida and what it revealed is that debt collectors are now hiring former employees
[01:41:22.720 --> 01:41:42.720]  of creditor banks and using them as witnesses okay former employees of creditor banks well let's say i'm suey i bought a bunch of city corp debt
[01:41:42.720 --> 01:41:58.720]  and i go and hire a former employee that worked in the i.t department at city corp and she can attest to the practices and policies and practices of city corp
[01:41:58.720 --> 01:42:10.720]  because she was a former employee okay what did the case rule on that as to the credibility of these witnesses
[01:42:10.720 --> 01:42:26.720]  basically the judge threw it out basically found in favor of the consumer okay and what was the law on that was the since since the person now worked for
[01:42:26.720 --> 01:42:42.720]  chase or whatever the the plaintiff was or party was were they necessarily disqualified the judge did not accept their testimony because
[01:42:42.720 --> 01:43:04.720]  the the witness could not attest to the books and records of the previous three servicers only the previous the first one prior to the foreclosing creditor
[01:43:04.720 --> 01:43:14.720]  so she couldn't attest to the books and records of the original lender she couldn't attest to the records of mers and she couldn't attest to the records of one other bank
[01:43:14.720 --> 01:43:22.720]  okay okay okay so that says if say i'm looking in the records and i see these assignments
[01:43:22.720 --> 01:43:38.720]  um that they've been signed to one uh the servicer and another servicer and another servicer in order to foreclose i would have they would have to have an affidavit from an employee of each servicer yes
[01:43:38.720 --> 01:44:00.720]  okay hang on we're about to go to break oh this is good randy kelton devin stevens rule of law radio we're talking to jeff in in maryland we'll be right back
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[01:46:53.720 --> 01:47:05.720]  okay we are back Randy Kelton Debra Stevens rule of law radio we're talking to Jeff in Maryland and if I understand this right I'm annoyed at myself
[01:47:05.720 --> 01:47:08.720]  you can be that way
[01:47:08.720 --> 01:47:21.720]  well it because it makes so much sense I look at a substitute trustees deed it has this affidavit attached and it's generally from the last servicer
[01:47:21.720 --> 01:47:22.720]  right
[01:47:22.720 --> 01:47:43.720]  but there's two or three assignments it makes sense that in order for this foreclosure to be valid then all of the servicers would have had to have acted in accordance with the law and I would need an affidavit from each one of them
[01:47:43.720 --> 01:48:06.720]  in order for the affidavit portion to be sufficient in order for the foreclosing creditor to be able to establish standing each one of the previous holders of that mortgage and deed trust or note we have to prove standing as well
[01:48:06.720 --> 01:48:27.720]  because we can't get from one to the other well how so we've got say we've got three servicers what if one of them wouldn't have standing would that correct all the ones that follows
[01:48:27.720 --> 01:48:39.720]  oh yes everything that came after yes because if he didn't have standing anybody they assigned the note to would not have standing either you know
[01:48:39.720 --> 01:49:02.720]  well okay if I'm the holder and I assign the security instrument to this servicer and I find out that the servicer has problems and issues and he wouldn't have standing so I assign it to somebody else why would his problems follow to the next servicer
[01:49:02.720 --> 01:49:17.720]  but if you assign it to the servicer and he didn't he didn't have the authority to collect and he just breached the contract
[01:49:17.720 --> 01:49:34.720]  if he assigned the authority to collect then the next assignment wouldn't have the authority to collect either why not where I'm getting to is what if they did an assignment and they find out they didn't do it correctly
[01:49:34.720 --> 01:49:47.720]  so they do another assignment to somebody else and they do that one correctly would I necessarily be disqualified completely down the chain if I broke the chain in one place
[01:49:47.720 --> 01:50:14.720]  if they assigned it to someone else then someone else would have to assign it back wouldn't they wait a minute yes if the one that was it was assigned to never had standing to receive it they don't have standing to assign it to somebody else
[01:50:14.720 --> 01:50:33.720]  where did they just get back they just dropped into okay now I got it they just dropped the security instrument into a bottomless pit right but what's what's also significant about this case is that they had brought in
[01:50:33.720 --> 01:50:58.720]  a witness that worked for nation star who had previously worked for Aurora and tried to use her as a witness as to the books and records but the judge didn't buy it because she couldn't attest to whether or not nation star ever was assigned the authority to collect
[01:50:58.720 --> 01:51:21.720]  this sounds confusing her value as a witness was shot to hell so pardon my was was nation star apparently wasn't the foreclosing entity nation star was the ultimate foreclosing entity it had been fired even found by another bank earlier on and during the foreclosure
[01:51:21.720 --> 01:51:49.720]  the assignment to nation star was made during the foreclosing proceedings and you know they tried to bring in a witness to testify to the previous holder having standing and they couldn't do it the witness could not attest to the previous holder having standing
[01:51:49.720 --> 01:52:05.720]  she may have been familiar with the books and records but she is in no way in her position would she ever know whether or not they had standing so she had to testify to their standing as well as the books and records she can't she's no position to do it
[01:52:05.720 --> 01:52:10.720]  that's the thing she's in no position to testify to that
[01:52:10.720 --> 01:52:32.720]  because she wasn't an employee of the previous okay so what they're trying to do is bring in one witness when they've got more than one entity and they're just trying to close the deal solely on the standing of the last entity
[01:52:32.720 --> 01:52:45.720]  and they're trying to use the testimony of a former employer I mean a former employee of the previous holder
[01:52:45.720 --> 01:53:05.720]  oh okay so there was an employee of the previous holder even if she were an employee of the former holder her position was such that she could not attest to the former employer ever having received standing to foreclose
[01:53:05.720 --> 01:53:21.720]  okay so she was maybe a janitor or a bookkeeper or she wasn't she couldn't testify that she was in a position to personally have that knowledge so my understanding is right
[01:53:21.720 --> 01:53:43.720]  see and this is what you're going to start seeing crop up in credit card cases you're going to have these debt buyers buying debts from Chase, Citibank, Bank of America, whatever and they're going to hire former employees of those creditors to appear in court as their affiant and or witness
[01:53:43.720 --> 01:54:00.720]  okay how would you test that witness prior to you depose them what would be your primary questions
[01:54:00.720 --> 01:54:17.720]  well it depends if they're a debt buyer what was transferred to the organization when you bought these debts from I don't know Bank of America, Citicorp or Chase or Wells Fargo what was transferred
[01:54:17.720 --> 01:54:31.720]  I'm thinking who would be in the position to actually handle the transfer
[01:54:31.720 --> 01:54:38.720]  well the person who might be in the position is in the books and records are they
[01:54:38.720 --> 01:54:42.720]  right that's the only one who can testify to what was actually transferred
[01:54:42.720 --> 01:54:44.720]  no kidding
[01:54:44.720 --> 01:55:00.720]  so the first question would be who would be in what is the position that actually does this and did you work in that position at the time of this transfer
[01:55:00.720 --> 01:55:15.720]  yeah yeah okay I'm trying to get out how to hammer them is this only a Florida case or has this been to your knowledge been ruled on elsewhere
[01:55:15.720 --> 01:55:30.720]  district court of appeal first district state of Florida so we certainly need to look for this elsewhere because this is kind of obvious I mean the first thing you want to do is qualify a witness
[01:55:30.720 --> 01:55:47.720]  and surely we've had witnesses disqualified before in other states on these issues right can I read you a judge's footnote in this case absolutely
[01:55:47.720 --> 01:56:04.720]  okay in this case and numerous other cases the financial institutions have brought these problems upon themselves by the complex methods of securitization and their own sloppy record keeping
[01:56:04.720 --> 01:56:24.720]  okay this is now we've raised these issues for years and for the most part the courts ignored them does this mean something
[01:56:24.720 --> 01:56:39.720]  I don't understand why go ahead say that again wouldn't do such a thing as that makes me do that sort of thing that that's what's been what I'm getting at is is this a bellwether
[01:56:39.720 --> 01:56:55.720]  is this a judge who's now comfortable taking on the big banks or disagree with them well I've told you that we've seen this for the last year and a half more and more judges are popping their head up so they're not getting whacked
[01:56:55.720 --> 01:57:21.720]  yeah I know you told me that I just wanted to hear it again I'm seeing the same thing this last week we talked about this clerk in South Carolina suing MERS accusing them not of failing to pay
[01:57:21.720 --> 01:57:46.720]  but of filing fraudulent documents that was a holy mackerel and decimating the public records yeah now we've had attorney generals do that but a lowly county clerk in some county in South Carolina sues MERS
[01:57:46.720 --> 01:58:03.720]  which is owned by the six largest banks why did that clerk feel comfortable doing that I took that as a bellwether because if the other county clerk should have tried it based upon fees not being paid and have lost
[01:58:03.720 --> 01:58:20.720]  and this well they she felt comfortable in doing this and that's what made or he felt comfortable that I took that as a bellwether they see that things change okay we are out of time thank you very much Mr. Jeff you always bring good information
[01:58:20.720 --> 01:58:40.720]  this is Randy Kelton and Debra Stevens we love our video we'll be back tomorrow night with our four hour info marathon so make sure you listen in we specialize in being able to give people time to vet out these issues more completely and I hope you appreciate what we do
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